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HomeMy WebLinkAboutResolution - 2010-R0333 - Contract For Relocating Water Lines W/Wright Construction Co. - 07/22/2010Resolution No. 2010-RO333 July 22, 2010 Item No. 5.12 RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock is hereby authorized and directed to execute for and on behalf of the City of Lubbock, Contract No. 9594 for relocating water lines ahead of roadway construction, by and between the City of Lubbock and Wright Construction Company, and related documents. Said Contract is attached hereto and incorporated in this resolution as if fully set forth herein and shall be included in the minutes of the City Council. Passed by the City Council on July 22, 2010 TOM MARTIN, MAYOR ATTEST: � !��c Rebec Garza, City Secretary 0 APPROVED AS TO CONTENT: 1 � Marsha Reed P.E., Chief Operating Officer APPROVED AS TO FORM: Bryan Gre , Assistant City Attorney bg:ccdocs/RES.Wright Constr K 7.2.10 7-2-10 e),Z� 40. ®2 D t D- R 033 3 BOND CHECK BEST RATING LICENSED IN TEXAS DATE BY: CONTRACT AWARD DATE CITY OF LUBBOCK SPECIFICATIONS FOR Construction of Waterline -Crossings -to -Re -Route ahead of Storm Sewer Construction on East US 62 ITB 10-098-FO CONTRACT 9594 PROJECT NUMBER: 91035,9241 Plans & Specifications may be obtained from THE REPRODUCTION COMPANY vvww. thereproductioncompany. com city% 4'-bl 7' of TEXAS CONTRACT PREPARED BY: PURCHASING AND CONTRACT MANAGEMENT OFFICE BOND CHECK BEST RATING LICENSED IN TEXAS DATE BY: CONTRACT AWARD DATE CITY OF LUBBOCK SPECIFICATIONS FOR Construction of Waterline Crossings to Re -Route ahead of Storm Sewer Construction on East US 62 ITB 10-098-FO CONTRACT 9594 PROJECT NUMBER: 91035.9241 Plans & Specifications may be obtained from THE REPRODUCTION COMPANY www.thereproductioncompan y� com CONTRACT PREPARED BY: PURCHASING AND CONTRACT MANAGEMENT OFFICE ITB #10-098-FO, Addendum #1 City of Lubbock PURCHASING & CONTRACT MANAGEMENT DEPARTMENT ROOM 204, MUNICIPAL BUILDING 1625 13rH STREET LUBBOCK, TEXAS 79401 PH: (806) 775-2167 FAX: (806) 775-2164 http://purchasing.ci.lubbock.tx.us DATE ISSUED: CLOSE DATE: ADDENDUM #I ITB #10-098-FO Construction of Waterline Crossings to Re -Route ahead of Storm Sewer Construction on East US 62 June 17, 2010 June 22, 2010 @ 3:00 P.M. The following items take precedence over specifications for the above named Invitation to Bid. Where any item called for in the ITB documents is supplemented here, the original requirements, not affected by this addendum, shall remain in effect. Bidders attention is invite to review the following: 1. Bidders must submit the "REVISED" BID SUBMITTAL FORM. 2. Specifications for US 62 Water Line Crossing Relocation Sheet 5 of 6 has been revised and uploaded to Bid Sync. All requests for additional information or clarification must be submitted in writing and directed to: Felix Orta, Senior Buyer, City of Lubbock, P.O. Box 2000, Lubbock, Texas 79457 Questions may be faxed to (806) 775-2164 or Email to forta(a),mylubbock.us THANK YOU, & Ida Felix Orta Senior Buyer City of Lubbock It is the intent and purpose of the City of Lubbock that this request permits competitive proposals. It shall be the bidder's responsibility to advise the City of Lubbock Purchasing Manager if any language, requirements, etc., or any combinations thereof, inadvertently restricts or limits the requirements stated in this ITB to a single source. Such notification must be submitted in writing and must be received by the Purchasing Manager no later than five (5) business days prior to the bid close date. A review of such notifications will be made. `-- 10-098-FOAddendl .doc Contractor Checklist Before submitting your bid, please ensure you have completed and included the following documents in the order they are listed. The contractor is only to submit (1) one original copy of every item listed. Carefully read and understand the plans and specifications and properly complete the BID SUBMITTAL FORM. Bid submittal form MUST be completed in blue or black ink or by typewriter. Signatures must be original, in blue or black ink, and by hand. 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 below. In case of a discrepancy between the Unit Price and the Extended Total for a Bid item, the Unit Price will be taken."Include corporate seal and Secretary's signature. Identify addenda received (if any). Include finn's FEDERAL TAX 1D number or Owner's SOCIAL SECURITY number. 2. ✓ Include BID BOND or CASHIER'S OR CERTIFIED CHECK as your bid surety. Failure to provide a bid surety WILL result in automatic rejection of your bid. 3. ✓ Complete and sign the CITY OF LUBBOCK INSURANCE REQUIREMENT AFFIDAVIT. " This must include the signature of the agent or broker. Contractor's signature must be original. 4. V Clearly mark the bid number, title, due date and time and your company name and address on the outside of the envelope or container. 5. Ensure your bid is RECEIVED by the City of Lubbock Purchasing and Contract Management Office prior to the deadline. Late bids will not be accepted. 6. Complete and sign the CITY OF LUBBOCK INSURANCE REQUIREMENT AFFIDAVIT. This must include the signature of the agent or broker. Contractor's signature must be original. 7. 1% Complete and sign the SAFETY RECORD QUESTIONNAIRE. All "YES" responses must be explained in detail and submitted with Bid. 8. V Complete and sign the SUSPENSION AND DEBARMENT CERTIFICATION. Include frrm's FEDERAL TAX ID number or Owner's SOCIAL SECURITY number. 9. ✓ Complete and submit the LIST OF SUB -CONTRACTORS. DOCUMENTS REQUIRED WITHIN SEVEN BUSINESS DAYS AFTER CLOSING: 10. Complete and submit the FINAL LIST OF SUBCONTRACTORS. FAILURE TO PROVIDE ANY OF THE ABOVE MAY RESULT IN YOUR BID BEING DEEMED NON -RESPONSIVE AND, THEREFORE, NOT FURTHER EVALUATED. PLEASE INCLUDE THIS j COMPLETED PAGE AS THE FIRST PAGE OF YOUR BID SUBMITTAL. (Type or Print Company Name) i 2 INDEX 1. NOTICE TO BIDDERS 2. GENERAL INSTRUCTIONS TO BIDDERS 3. BID SUBMITTAL — (must be submitted by published due date & time) 3-1. UNIT PRICE BID SUBMITTAL FORM 3-2. CITY OF LUBBOCK INSURANCE REQUIREMENT AFFIDAVIT 3-3. SAFETY RECORD QUESTIONNAIRE 3-4. SUSPENSION AND DEBARMENT CERTIFICATION 4. LIST OF SUB -CONTRACTORS 5. PAYMENT BOND 6. PERFORMANCE BOND 7. CERTIFICATE OF INSURANCE 8. CONTRACT 9. GENERAL CONDITIONS OF THE AGREEMENT 10. DAVIS BACON WAGE DETERMINATIONS 11. SPECIAL CONDITIONS (IF APPLICABLE) 12. SPECIFICATIONS I i E E_ gggF-_" R Lqq t_ gg Sg 4 3 t - NOTICE TO BIDDERS IT-B-10-098-FO Sealed bids addressed to Marta Alvarez, Purchasing Manager, City of Lubbock, Texas, will be received in the office of the Purchasing and Contract Management Office, City Hall, 1625 13th Street, Room 204, Lubbock, Texas, 79401, until 3:00 P.M. on June 22, 2010 or as changed by the issuance of formal addenda to all planholders, to furnish all labor and materials and perform all work for the construction of the following described project: Construction of Waterline Crossings to Re -Route ahead of Storm Sewer Construction on East US 62 After the expiration of the time and date above first written, said sealed bids will be opened in the City Hall, Council Chambers and publicly read aloud. It is the sole responsibility of the bidder to ensure that his bid is actually in the office of the Purchasing and Contract Management Office for the City of Lubbock, before the expiration of the date above first written. Bids are due at 3:00 P.M. on June 22, 2010 and the City of Lubbock City Council will consider the bids on July 8, 2010 at the City Hall, 1625 13th Street, Lubbock, Texas, or as soon thereafter as may be reasonably convenient, subject to the right to reject any or all bids and waive any formalities. The successful bidder will be required to furnish a performance bond in accordance with Chapter 2253, Government Code, in the amount of 100% of the total contract price in the event that said contract price exceeds $100,000 and the successful bidder will be required to furnish a payment bond in accordance with Chapter 2253, Government Code, in the amount of 100% of the total contract price in the event that said contract price exceeds $50,000. Said statutory bonds should be issued by a company carrying a current Best Rating of "A" or better. THE BONDS MUST IN A FORM ACCEPTABLE TO THE CITY ATTORNEY AND MUST BE DATED THE SAME DATE THAT THE CONTRACT WAS AWARDED. Bidders are required, whether or not a payment or performance bond is required, to submit a cashier's or certified check issued by a bank satisfactory to the City of Lubbock, or a bid bond from a reliable surety company, payable without recourse to the order of the City of Lubbock in an amount not less than 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 ten (10) business days after notice of award of the contract to him. FAILURE OF THE BIDDER TO INCLUDE BID SECURITY WITH THE BID SUBMITTAL SHALL CONSTITUTE A NONRESPONSIVE BID AND RESULT IN DISQUALIFICATION OF THE BID SUBMITTAL. It shall be each bidder's sole responsibility to inspect the site of the work and to inform himself regarding all local conditions under which the work is to be done. It shall -be understood and agreed that all such factors have been thoroughly investigated and considered in the preparation of the bid submitted. There will be a non -mandatory pre -bid conference on June 15, 2010 at 10:00 A.M. in the City Hall, Council Chambers, 1625-131h Street, Lubbock, Texas. Bidders may view the plans and specifications without charge at The Reproduction Company, 2102 Avenue Q, Lubbock, Texas 79405 or at w,.N�v.thereproductioncompany.com. ONE SET OF PLANS AND SPECIFICATIONS MAY BE OBTAINED, AT THE CITY'S EXPENSE, FROM THE REPRODUCTION COMPANY WITH A $100 REFUNDABLE DEPOSIT, Phone: (806) 763-7770. Deposit Checks shall be made PAYABLE TO THE CITY OF LUBBOCK, and will be refunded if documents are returned in good condition within Sixty (60) days after the opening of bids. Additional sets of plans and specifications may be obtained at the bidder's expense. Attention of each bidder is particularly called to the schedule of general prevailing rate of per diem wages included in the contract documents on file in the office of the Purchasing and Contract Management Office of the City of Lubbock, which document is specifically referred to in this Notice to Bidders. Each bidder's attention is further directed to Texas Government Code, Chapter 2258, Prevailing Wage Rates, and the requirements contained therein concerning the above wage scale and payment by the contractor of the prevailing rates of wages as heretofore established by owner in said wage scale. The City of Lubbock hereby notifies bidders that in regard to any contract entered into pursuant to this advertisement, minority and women business enterprises shall 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 require special assistance, please contact the Purchasing and Contract Management Office -at (806) 775-2572-or write to Post Office Box 2000, Lubbock, Texas 79457 at least 48 hours in advance of the meeting. CITY OF LUBBOCK _Marta ACvarez PURCHASING AND CONTRACT MANAGEMENT OFFICE GENERAL INSTRUCTIONS TO BIDDERS 1 BID DELIVERY TIME & DATE 1.1 The City of Lubbock is seeking written and sealed competitive bids to furnish Construction of Waterline Crossings to Re -Route ahead of Storm Sewer Construction on East US 62 per the attached specifications and contract documents. Sealed bids will be received no later than 3:00 P.M. on June g 22, 2010 at the office listed below. Any bid received after the date and hour specified will be rejected and returned unopened to the bidder. Each bid and supporting documentation must be in a sealed envelope or container plainly labeled in the lower left-hand corner: "ITB 10-098-FO, Construction of t_ Waterline Crossings to Re -Route ahead of Storm Sewer Construction on East US 62 " and the bid opening date and time. Bidders must also include their company name and address on the outside of the envelope or container. Bids must be addressed to: Marta Alvarez, Purchasing Manager City of Lubbock 1625 13th Street, Room 204 t - Lubbock, Texas 79401 1.2 Bidders are responsible for making certain bids are delivered to the Purchasing and Contract Management Office. Mailing of a bid does not ensure that the bid will be delivered on time or delivered at all. If bidder 1 ' does not hand deliver bid, we suggest that he/she use some sort of delivery service that provides a receipt. 1.3 Bids will be accepted in person, by United States Mail, by United Parcel Service, or by private courier service. No bids will be accepted by oral communication, telephone, electronic mail, telegraphic transmission, or telefacsimile transmission. THE CITY WILL NOT ACCEPT FAX BIDS. 1.4 The City of Lubbock reserves the right to postpone the date and time for opening bids through an _ addendum. 2 PRE -BID MEETING ` 2.1 For the purpose of familiarizing bidders with the requirements, answering questions, and issuing addenda as needed for the clarification of the Invitation to Bid (ITB) documents, a non -mandatory pre -bid meeting will be held at June 15, 2010 at 10:00 A.M. in the City Hall, Council Chambers, 1625-13th Street, Lubbock, Texas. All persons attending the meeting will be asked to identify themselves and the H prospective bidder they represent. ' 2.2 It is the bidder's responsibility to attend the pre -bid meeting though the meeting is not mandatory. The City will not be responsible for providing information discussed at the pre -bid meeting to bidders who do _. not attend the pre -bid meeting. 3 ADDENDA & MODIFICATIONS 3.1 Any changes, additions, or clarifications to the ITB are made by ADDENDA information available over the Internet at www.bidsync.com. We strongly suggest that you check for any addenda a minimum of forty-eight hours in advance of the response deadline. BUSINESSES WITHOUT INTERNET 1 ACCESS may use computers available at most public libraries. 3.2 Any bidder in doubt as to the true meaning of any part of the specifications or other documents may ,f , request an interpretation thereof from the Purchasing and Contract Management Office. At the request of the bidder, or in the event the Purchasing and Contract Management Office deems the interpretation to be substantive, the interpretation will be made by written addendum issued by the Purchasing and Contract Management Office. Such addenda issued by the Purchasing and Contract Management Office will be available over the Internet at www.bidsync.com and will become part of the bid package having the same binding effect as provisions of the original ITB. NO VERBAL EXPLANATIONS OR INTERPRETATIONS WILL BE BINDING. In order to have a request for interpretation considered, the L; request must be submitted in writing and must be received by the City of Lubbock Purchasing and Contract Management Office no later than five (5) calendar days before the bid closing date. ..1' 3.3 All addenda, amendments, and interpretations of this solicitation shall be in writing. The City of Lubbock shall not be legally bound by any amendment or interpretation that is not in writing. Only information 6 l 4 Z r' supplied by the City of Lubbock Purchasing and Contract Management Office in writing or in this ITB - should be used in preparing bid responses. All contacts that a bidder may have had before or after receipt of this ITB with any individuals, employees, or representatives of the City and any information that may have been--read--in-any-news--media or seen or heard in anycommunicationfacility regarding this bid should he disregarded: in preparing responses. 3.4 The City does not assume responsibility for the receipt of any addendum sent to bidders. EXAMINATION -OF DOCUMENTS AND REOUIREMENTS 4.1 Each bidder shall carefully examine all ITB documents and thoroughly familiarize itself with all requirements before submitting a bid to ensure that their bid meets the intent of these specifications. ; 4.2 Before submitting a bid, each bidder shall be responsible for making all investigations and examinations _f that are necessary to ascertain conditions and requirements affecting the requirements of this Invitation to Bid. Failure to make such investigations and examinations shall not relieve the bidder from obligation to i comply, in every detail, withall-provisions and requirements of the Invitation to Bid. J 4.3 Notices of any discrepancies or omissions in these plans, specifications, or contract documents, shall be given to the Purchasing and Contract Management Office and a clarification obtained before the bids are received, and if no such notice is received by the Purchasing and Contract Management-1 Office prior to the opening of bids, then it shall be deemed that the bidder fully understands the work to be included and has provided sufficient sums in its bid to complete the work in accordance with these plans and specifications. If bidder does not notify Purchasing and Contract Management Office before bidding of any discrepancies or omissions, thenitshall be deemed for all purposes that the plans and specifications are sufficient and adequate for completion of the project. If is further agreed that any request for clarification must be submitted no later than five (5)- calendar days prior to the bid closing date. BID PREPARATION COSTS 5.1 Issuance of this ITB does not commit the City of Lubbock, in any way, to pay any costs incurred in the preparation and submission of bid. 5.2 The issuance of this ITB does not obligate the City of Lubbock to enter into contract for any services or equipment. 5.3 All costs related to the preparation and submission of a bid shall be aid b the bidder. P P P Y TRADE SECRETS CONFIDENTIAL INFORMATION AND THE TEXAS PUBLIC INFORMATION ACT t 6.1 If you consider any portion of your bid to be privileged or confidential by statute or judicial decision, -. including trade secrets and commercial or financial information, clearly identify those portions. T 6.2 The City of Lubbock will honor your notations of trade secrets and confidential information and decline to release such information initially, but please note that the final determination of whether a particular portion of your bid is in fact a trade secret or commercial or financial information that may be withheld from public inspection will be made by the Texas Attorney General or a court of competent jurisdiction. In the event a public information request is received for a portion of your bid that you have marked as being confidential information, you will be notified of such request and you will be required to justify your legal position in writing to the Texas Attorney General pursuant to Section 552.305 of the Government Code. In the event that it is determined by opinion or order of the Texas Attorney General or a court of competent jurisdiction that such information is in fact not privileged and confidential under Section 552.110 of the Government Code and Section 252.049 of the Local Government Code, then such information will be made available to the requester. 6.3 Marking your entire bid CONFIDENTIAL/PROPRIETARY is not in conformance with the Texas Open Records Act. { 7 LICENSES PERMITS TAXES The price or prices for the work shall_ include full compensation for all taxes, permits, etc. that the bidder is or may be required to pay. 8 UTIL,IZATION OF LOCAL BUSINESS RESOURCES Prospective bidders are strongly encouraged to explore and implement methods for the utilization of local resources, and tooutlinein their bid submittal how they would utilize local -resources. t 9 CONFLICT OF INTEREST 9.1 The bidder shall not offer or accept gifts or anything of value nor enter into any business arrangement with any employee, official or agent of the City of Lubbock. 9.2 By signing and executing this bid, the bidder certifies and represents to the City the bidder has not offered, conferred or agreed to confer any pecuniary benefit or other thing of value for the receipt of special treatment, advantage, information, recipient's decision, opinion, recommendation, vote or any other exercise of discretion concerning this bid. 10 CONTRACT DOCUMENTS t 10.1 All work covered by the contract shall be done in accordance with contract documents described in the General Conditions. 10.2 All bidders shall be thoroughly familiar with all of the requirements set forth on the contract documents for the construction of this project and shall be responsible for the satisfactory completion of all work contemplated by said contract documents. 11 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 E.t charge or forfeiture of deposit. The contract documents may be examined without charge as noted in the Notice to Bidders. 12 BIDDER INQUIRIES AND CLARIFICATION OF REQUIREMENTS 12.1 It is the intent and purpose of the City of Lubbock that this request permit competitive bids. It shall be L y the bidder's responsibility to advise the Purchasing and Contract Management Office if any language, requirements, etc., or any combinations thereof, inadvertently restricts or limits the requirements stated in this ITB to a single source. Such notification must be submitted in writing and must be received by the City of Lubbock Purchasing and Contract Management Office no later than five (5) calendar days before the bid closing date. A review of such notifications will be made. 12.2 NO BIDDER SHALL REQUEST ANY INFORMATION VERBALLY. ALL REQUESTS FOR ADDITIONAL INFORMATION OR CLARIFICATION CONCERNING THIS INVITATION TO L_ BID (ITB) MUST BE SUBMITTED IN WRITING NO LATER THAN FIVE (5) CALENDAR DAYS PRIOR TO THE BID CLOSING DATE AND ADDRESSED TO: Felix Orta, Senior Buyer City of Lubbock Purchasing and Contract Management 1625 131h Street, Room 204 Lubbock, Texas 79401 Fax: 806-775-2164 Email: forta@mylubbock.us Bidsync: ww-w.bidsvnc.com 8 13 TIME AND ORDER FOR COMPLETION 14 15 16 13.1 The construction_ covered by the contract documents shall be substantially completed within 60 (SIXTY)-' CALENDER DAYS from the date specified in the Notice to Proceed issued by the City of Lubbock to the successful bidder. 13.2 The Contractor will be permitted to prosecute the work in the order of his --own choosing, provided, however, the City reserves the right to require the Contractor to submit a progress schedule of the work contemplated by the contract documents. In the event the City requires a progress schedule to be submitted, and it is determined by the City that the progress of the work is not in accordance with the progress schedule so submitted, the City may direct the Contractor to take such action as the City deems necessary to ensure completion of the project within the time specified. PAYMENT All payments due to Contractor shall be made in accordance with the provisions of the General Conditions of the contract documents. 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. MATERIALS AND WORKMANSHIP The intent of these contract documents is that only materials and workmanship of the best quality and grade will be furnished. The fact that the specifications may fail to be sufficiently complete in some detail will not relieve the Contractor of full responsibility for providing materials of high quality and for protecting them adequately until incorporated into the project. The presence or absence of a representative of the City on the site will not relieve the Contractor of full responsibility of complying with this provision. The specifications for materials and methods set forth in the contract documents provide minimum standards of quality, which the Owner believes necessary to procure a satisfactory project. 17 GUARANTEES 17.1 All equipment and materials incorporated in the project and all construction shall be guaranteed against defective materials and workmanship. Prior to final acceptance, the Contractor shall furnish to the Owner, a written general guarantee which shall provide that the Contractor shall remedy any defects in the work, and pay for any and all damages of any nature whatsoever resulting in such defects, when such defects appear within ONE year from date of final acceptance of the work as a result of defective materials or workmanship, at no cost to the Owner (City of Lubbock). 17.2 Notwithstanding any provisions contained in the contractual agreement, the Contractor represents and warrants fault -free performance and fault -free result in the processing date and date -related data (including, but not limited to calculating, comparing and sequencing) of all hardware, software and firmware products delivered and services provided under this Contract, individually or in combination, as the case may be from the effective date of this Contract. Also, the Contractor warrants calculations will be recognized and accommodated and will not, in any way, result in hardware, software or firmware failure. The City of Lubbock, at its sole option, may require the Contractor, at any time, to demonstrate the procedures it intends to follow in order to comply with all the obligations contained herein. 17.3 The obligations contained herein apply to products and services provided by the Contractor, its sub- contractor or any third party involved in the creation or development of the products and services to be delivered to the City of Lubbock under this Contract. Failure to comply with any of the obligations contained herein, may result in the City of Lubbock availing itself of any of its rights under the law and under this Contract including, but not limited to, its right pertaining to termination or default. 17.4 The warranties contained herein are separate and discrete from any other warranties specified in this Contract, and are not subject to any disclaimer of warranty, implied or expressed, or limitation to the 9 t t Contractor's liability which may be specified in this Contract, its appendices, its schedules, its annexes or any document incorporated in this Contract by reference. 18 PLANS FOR THE CONTRACTOR Thecontractorwill; upon written request, be furnished up to ten sets of plans. and specifications and related contract documents for use during construction. Plans and specifications for use during construction will only be furnished directly to the Contractor. The Contractor shall then distribute copies of plans and specifications to suppliers, subcontractors or others, as required for proper prosecution of the work contemplated by the Contractor. 19 PROTECTION OF THE WORK 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. 20 TEXAS STATE SALES TAX 20.1 This contract is issued by an organization which qualifies for exemption provisions pursuant to provisions of Article 20.04 of the Texas Limited Sales, Excise and Use Tax Act. 20.2 The Contractor must obtain a limited sales, excise and use tax permit which shall enable him to buy the materials to be incorporated into the work without paying the tax at the time of purchase. -t 21 PROTECTION OF SUBSURFACE LINES AND STRUCTURES It shall be the Contractor's responsibility to prosecute the work contemplated by the contract documents in such a way as to exercise due care to locate and prevent damage to all underground pipelines, utility lines, conduits or other underground structures which might or could be damaged by Contractor during the construction of the project contemplated by these contract documents. The City of Lubbock agrees that it will furnish Contractor the location of all such underground lines and utilities of which it has knowledge. However, such fact shall not relieve the Contractor of his responsibilities aforementioned. All such underground lines or structures cut or damaged by Contractor during the prosecution of the work contemplated by this contract shall be repaired immediately by Contractor to the satisfaction of the City of Lubbock, Texas, at Contractor's expense. '- 22 BARRICADES AND SAFETY MEASURES The contractor shall, at his own expense, furnish and erect such barricades, fences, lights and danger signals, and shall take such other precautionary measures for the protection of persons, property and the work as may be t necessary. The Contractor will be held responsible for all damage to the work due to failure of barricades, signs, and lights to protect it, and when damage is incurred, the damaged portion shall be immediately removed and replaced by Contractor at his own cost and expense. The Contractor's responsibility for maintenance of barricades, signs, and lights shall not cease until the date of issuance to Contractor of City's certificate of acceptance of the project. r ` 23 EXPLOSIVES i 23.1 The use of explosives will not be permitted unless written permission to do so is obtained by the Contractor from the City. In all cases where written permission is obtained for the use of explosives, the Contractor shall assume full responsibility for all damage, which may occur as a direct or indirect result of the blasting. In addition, in all cases where explosives are authorized to be used, the Contractor shall use utmost care so as not to endanger life or property and the Contractor shall further use only such methods as are currently utilized by persons, firms, or corporations engaged in similar type of construction activity. 10 l_ 23.2 Explosive materials shall not be stored or kept at the construction site by the Contractor. 24 25 23.3 In all cases where explosives are to be used during the construction of the project contemplated by this contract, it shall--be-the duty of the Contractor to notify each utility company having structures (above or below the ground)_ in proximity to the site of the work of Contractor's intention to use explosives, and such notice shall be given sufficiently in advance to enable the companies to take such steps as they may deem necessary to protect their property from injury. Such notice, however, shall not relieve the Contractor of responsibility for any damage resulting from his blasting operations. CONTRACTOR'S REPRESENTATIVE The successful bidder shall be required to have a responsible local representative available at all times while the work is in progress under this contract. The successful bidder shall be required to furnish the name, address and telephone number where such local representative may be reached during the time that the work contemplated by this contract is in progress. INSURANCE 25.1 The Contractor shall not commence work under this contract until he has obtained all insurance as required in the General Conditions of the contract documents, from an underwriter authorized to do business in the State of Texas and satisfactory to the City. Proof of coverage shall be furnished to the City and written notice of cancellation or any material change will be provided ten (10) days in advance of cancellation or change. All policies shall contain an agreement on the part of the insurer waiving the right to subrogation. The Contractor shall procure and carry at his sole cost and expense through the life of this contract, insurance protection as hereinafter specified. Coverage in excess of that specifiedherein also shall be acceptable. Such insurance shall be carried with an insurance company authorized to transact business in the State of Texas and shall cover all operations in connection with this contract, whether performed by the Contractor or a subcontractor, or separate policies shall be provided covering the operation of each subcontractor. A certificate of insurance specifying each and all coverages shall be submitted before contract execution. 25.2 PROOF OF COVERAGE SHALL BE FURNISHED TO THE CITY OF LUBBOCK IN THE FORM OF A CERTIFICATE OF INSURANCE. THE INSURANCE CERTIFICATES FURNISHED SHALL NAME THE CITY OF LUBBOCK AND THE ENGINEER AS A PRIMARY ADDITIONAL INSURED AND PROVIDE A WAIVER OF SUBROGATION IN FAVOR OF THE CITY OF LUBBOCK AS REQUIRED BELOW, OR IN THE ALTERNATIVE, SHALL BE ACCOMPANIED BY A STATEMENT FROM THE CONTRACTOR TO THE EFFECT THAT NO WORK ON THIS PARTICULAR PROJECT SHALL BE SUBCONTRACTED. IT SHALL BE THE CONTRACTOR'S RESPONSIBILITY TO PROVIDE TO THE OWNER ALL PROOF OF COVERAGE INSURANCE DOCUMENTS INCLUDING WORKERS COMPENSATION COVERAGE FOR EACH SUBCONTRACTOR THE ADDITIONAL INSURED ENDORSEMENT SHALL INCLUDE PRODUCTS AND COMPLETE OPERATIONS. 26 LABOR AND WORKING HOURS 26.1 Attention of each bidder is particularly called to the schedule of general prevailing rate of per diem wages included in these contract documents. The wage rate that must be paid on this project shall not be less than specified in the schedule of general prevailing rates of per diem wages as above mentioned. The bidders' attention is further directed to the requirements of Texas Government Code, Chapter 2258, Prevailing Wage Rates providing for the payment of the wage schedules above mentioned and the bidder's obligations thereunder. The inclusion of the schedule of general prevailing rate of per diem wages in the contract documents does not release the Contractor from compliance with any wage law that may be applicable. Construction work under the contract requiring an inspector shall not be performed on weekends or holidays unless the following conditions exist: g. 26.1.1 The project being constructed is essential to the City of Lubbock's ability to provide the necessary service to its citizens. 26.1.2 Delays in construction are due to factors outside the control -of the Contractor. The Contractor is approaching the penalty provisions of the contract and -Contractor can show he has made a diligent effort to complete the contract within the allotted time. 26.2 Before construction work requiring an inspector is to be performed on Sunday or holidays, the Contractor must notify the Owner's Representative not less than three full working days prior to the weekend or holiday he desires to do work and obtain written permission from the Owner's Representative to do such work. The final decision on whether to allow construction work requiring an inspector on Sunday or holidays will be made by the Owner's Representative. 26.3 In any event, if a condition should occur or arise at the site of this project or from the work being done under this contract which is hazardous or dangerous to property or life, the Contractor shall immediately commence work, regardless of the day of the week or the time of day, to correct or alleviate such condition so that it is no longer dangerous to property or life. 27 PAYMENT OF EMPLOYEES AND FILING OF PAYROLLS The contractor and each of his subcontractors shall pay each of his employees engaged in work on the project under this contract in full_ (less mandatory legal deductions) in -cash, or by check readily cashable without discount, not less often than once each week. The Contractor- and each of his subcontractors shall keep a record showing the name and occupation of each worker employed by the Contractor or subcontractor in the construction of the public work and the actual per diem wages paid to each ` worker. This record shall be open at all reasonable hours to inspection by the officers and agents of the City. The Contractor must classify employees according to one of the classifications set forth in the schedule of general prevailing rate of per diem wages, which schedule is included in the contract documents. The Contractor shall forfeit as a penalty to the City of Lubbock on whose behalf this contract is made, sixty -, dollars for each laborer, workman, or mechanic employed for each calendar day, or portion thereof, such laborer, workman or mechanic is paid less than the wages assigned to his particular classification as set forth in the schedule of general prevailing rate of per diem wages included in these contract documents 28 PROVISIONS CONCERNING ESCALATION CLAUSES Bids submitted containing any conditions which provide for changes in the stated bid price due to increases or decreases in the cost of materials, labor or other items required for the project will be rejected and returned to the bidder without being considered. 29 PREPARATION FOR BID 29.1 The bidder shall submit his bid on forms furnished by the City, and all blank spaces in the form shall be correctly filled in, stating the price in numerals for which he intends to do the work contemplated or furnish the materials required. Such prices shall be written in ink, distinctly and legibly, or typewritten. In case of discrepancy between the unit price and the extended total for a bid item, the unit price will be taken. A bid that has been opened may not be changed for the purpose of correcting an error in the bid price. 29.2 If the bid is submitted by an individual, his name must be signed by him or his duly authorized agent. If a bid is submitted by a firm, association, or partnership, the name and address of each member must be given and the bid signed by a member of the firm, association or partnership, or person duly authorized. If the bid is submitted by a company or corporation, the company or corporate name and business address must be given, and the bid signed by an official or duly authorized agent. Powers of attorney authorizing agents or others to sign bids must be properly certified and must be in writing and submitted with the bid. The bid shall be executed in ink. L ' 29.3 Each bid shall be enclosed in a sealed envelope, addressed as specified in the Notice to Bidders, and .r endorsed on the outside of the envelope in the following manner: 12 30 31 29.3.1 Bidder's name 29.3.2 Bid for 10-098-FO, Construction of Waterline Crossings to Re -Route ahead of Storm Sewer Construction -on East US 62 29.4 Bid submittals may be withdrawn_ and -resubmitted at any time before the time set for opening of the bids, but no bid may be withdrawn or altered thereafter. 29.5 Pursuant to Texas Local Government Code 252.043(g), a competitive sealed bid that has been opened may not be changed for the purpose of correcting an error in the bid price. THEREFORE, ANY CORRECTIONS TO THE BID PRICE MUST BE MADE ON THE BID SUBMITTAL FORM PRIOR TO BID OPENING. BOUND COPY OF CONTRACT DOCUMENTS Bidder understands and agrees that the contract to be executed by bidder shall be bound and will include the following: (a) Notice to Bidders. (b) General Instructions to Bidders. (c) Bidder's Submittal. (d) Statutory Bonds (if required). (e) Contract Agreement. (f) General Conditions. (g) Special Conditions (if any). (h) Specifications. (i) Insurance Certificates for Contractor and all Sub -Contractors. 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. 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 about the bidder's qualifications. The City of Lubbock may make reasonable investigations deemed necessary and proper to determine the ability of the bidder to perform the work, and the bidder shall furnish to the City of Lubbock all information for this purpose that may be requested. The bidder's bid may be deemed not to meet specifications or the bid may be rejected if the evidence submitted by, or investigation of the bidder fails to satisfy the City of Lubbock that the bidder is properly qualified to carry out the obligations of the contract and to complete the work described therein. Evaluation of the bidder's qualifications shall include: (a) The ability, capacity, skill, and financial resources to perform the work or provide the service required. (b) The ability of the bidder to perform the work or provide the service promptly or within the time specified, without delay or interference. (c) The character, integrity, reputation, judgment, experience, and efficiency of the bidder. (d) The quality of performance of previous contracts or services. (e) The safety record of the Contractor and proposed Sub -Contractors Before contract award, the recommended contractor for this project may be required to show that he has experience with similar projects that require the Contractor to plan his work efforts and equipment needs with City of Lubbock specifications in mind. Demonstration of experience shall include a complete list of ALL similar municipal and similar non -municipal current and completed projects for the past three (3) years for review. This list shall include the names of supervisors and type of equipment used to perform work on these projects. In addition, the Contractor may be required to provide the name(s) of supervisor(s) that will be used to perform work on this project in compliance with City of Lubbock specifications herein. 13 32 BID AWARD 32.1 The City of Lubbock reserves the right to reject any or all bids, reject any particular item on a bid, and to -} waive immaterial formalities and to accept the offer most advantageous to the City of Lubbock in its sole discretion. Unless otherwise specified herein, the City shall award the bid based on the total bid for Bid Items 1 through 47 plus the sum of any Alternate Bids or Options the City may select. " 32.2 All bids are evaluated for compliance with specifications before the bid price is considered. Response to specifications is primary in determining the best low bid. Failure to comply with the specifications may result in disqualification of the bid. 32.3 In case of tie bids, preference will be given to local bidders. Consistent and continued tie bidding may be cause for rejection of bids by the City of Lubbock and/or investigation by the Attorney General to determine possible Anti -Trust violations. 32.4 Before the City may award a bid to a nonresident bidder, the nonresident bidder's bid must be lower than lowest bid submitted by a responsible Texas bidder by the same margin or amount that a Texas bidder would be required to underbid the nonresident bidder in the nonresident bidders' home state. 32.5 Any contract made, or purchase order issued, as a result of this Invitation to Bid, shall be entered into the State of Texas and under the laws of the State of Texas. In connection with the performance of work, the Bidder agrees to comply with the Fair Labor Standard Act, Equal Opportunity Employment Act, and all other applicable Federal, State, and Local laws, regulations, and executive orders to the extent that the same may be applicable. 32.6 NO INDIVIDUAL OF ANY USING DEPARTMENT HAS THE AUTHORITY TO LEGALLY AND/OR FINANCIALLY COMMIT THE CITY TO ANY CONTRACT, AGREEMENT OR PURCHASE ORDER FOR GOODS OR SERVICES, UNLESS SPECIFICALLY SANCTIONED -a BY THE REQUIREMENTS OF THIS INVITATION TO BID. 33 ANTI -LOBBYING PROVISION 33.1 DURING THE PERIOD BETWEEN BID SUBMISSION DATE AND THE CONTRACT AWARD, BIDDERS, INCLUDING THEIR AGENTS AND REPRESENTATIVES, SHALL NOT DISCUSS OR PROMOTE THEIR BID WITH ANY MEMBER OF THE LUBBOCK CITY COUNCIL OR CITY STAFF EXCEPT UPON THE REQUEST OF THE CITY OF LUBBOCK PURCHASING DEPARTMENT IN THE COURSE OF CITY -SPONSORED INQUIRIES, BRIEFINGS, INTERVIEWS, OR PRESENTATIONS. 33.2 This provision is not meant to preclude bidders from discussing other matters with City Council members or City staff. The policy is intended to create a level playing field for all potential bidders, assure that contract decisions are made in public, and to protect the integrity of the ITB process. Its purpose is to stimulate competition, prevent favoritism and secure the best work and materials at the lowest practicable price, for the best interests and benefit of the taxpayers and property owners. Violation of this provision may result in rejection of the bidder's proposal. 34 PREVAILING WAGE RATES 34.1 Bidders are required to comply with Texas Government Code, Chapter 2258, Prevailing Wage Rates, with respect to the payment of prevailing wage rates for the construction of a public work, `t. including a building, highway, road, excavation, and repair work or other project development or improvement, paid for in whole or in part from public funds, without regard to whether the work is done under public supervision or direction. A worker is employed on a public work if the 14 worker is employed by the contractor or any subcontractor in the execution of the contract for the project 34.2 A worker employed on a public work by or on behalf of the City of Lubbock shall be paid not 4 less than the general prevailing rate of per diem wages for the work of a similar character in the locality in which the work is performed, and not less than the general prevailing rate of per diem wages for legal holiday and overtime work. 34.3 The State of Texas has adopted the Federal Davis -Bacon wage rates for use in Texas pursuant to and in accordance with the Texas Government Code, Section 2258.022. Bidders may access the U. S. Department of Labor web site at the following web address to obtain the rates to be used in t_- Lubbock County: littp:Hww-\A,.gpo.g,ov/davisbacon/allstates.litmi 34.4 It shall be the responsibility of the successful bidder to obtain the proper wage rates from the - web site for the type of work defined in the bid specifications. 34.5 A contractor or subcontractor who violates Texas Government Code Section 2258.023 shall pay to the City of Lubbock $60 for each worker employed for each calendar day or part of the day .. that the worker is paid less than the wage rates stipulated in the contract. BID SUBMITTAL FORM u ITB #10-098-FO, Addendum #1 REVISED -BID SUBMITTAL FORM UNIT PRICE BID CONTRACT DATE: & - 2- 2- - 1 e PROJECT NUMBER: ITB 10-098-FO Construction of Waterline Crossings to Re -Route ahead of Storm Sewer Construction on East US 62 Bid of called I 0--S t- ►.-T C 0 t-1 J T. C'Q• . 1:'4 (hereinafter To the Honorable Mayor and City Council City of Lubbock, Texas (hereinafter called Owner) Ladies and Gentlemen: The Bidder, in compliance with your Invitation to Bid for the Construction of Waterline Crossings to Re -Route ahead of Storm Sewer Construction on East US 62, 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 below. 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 below. 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 below. ITEM DESCRIPTION QTY U/M UNIT EXTENDED (More COST COST or Less 8" C-900 WATER LINE AT US 62 AND 3RD STREET (ITEMS 1-8) 1. Furnish and install 8 inch AWWA C-900 PVC 145 LF $ $ Pipe including detection wire, tape, excavation, 0-- gravel embedment, backfilled to 95% proctor, 71 testing, pavement cuts, disposal of spoils and all necessary accessories complete and in place. 2. Furnish and install 8" X 6" tapping sleeve and 2 EA $ $ valve and valve box including excavation, gravel _ 1 embedment, backfilled to 95% proctor, testing, j/ 800 1 �, 00 pavement cuts, disposal of spoils and all necessary accessories, complete and in place. 10-098-FOAddend l , doc 1TB #10-098-FO, Addendum #1 3. Furnish and install 8 inch insta or approved 1 EA $ $ equivalent valve and box excavation, gravel embedment, backfilled to 95% proctor, testing, ¢ (° $ pavement cuts, disposal of spoils and all necessary accessories, complete and in place. 4. Furnish and install ductile iron fittings including 250 LB $ $ excavation, trench protection, backfilling and compaction of pits, installing the pipe, pipe material, casing spacers, casing end seals and s s_ disposal of spoils and complete In place with all necessary appurtenances. 5. Cut and plug existing 8 inch pipe including any 2 EA $ $ excavation, backfilled to 95% proctor, testing, o0 pavement cuts, disposal of spoils and all Z C3 necessary accessories, complete and in place, per linear foot. 6. Connect Proposed water main to existing water 2 EA $ $ main, including excavation, gravel embedment, backfilled to 95% proctor, testing, pavement cuts, 190 3 g 0 disposal of spoils and all necessary accessories, complete and in place. 7. Pavement repair to the asphalt or concrete as 100 Sy $ $ needed. S 9 S� � o d 8. Provide and maintain a Trench Safety System as 145 LF $ S $ o per OSHA regulations, include all equipment, -7 ZS tools and labor. 6" C-900 WATER LINE AT US 62 AND 3RD PL (ITEMS 9-14) 9. Furnish and install 6 inch AWWA C-900 PVC 25 LF $ $ Pipe including detection wire, tape, excavation, u o gravel embedment, backfilled to 95% proctor, �" 9 Z� Z? S testing, pavement cuts, disposal of spoils and all necessary accessories, complete and in place. 10. Furnish and install 12" Steel Casing and 6" 55 LF $ $ AWWA C-900 PVC pipe by boring including excavation, trench protection, any required shoring of launching and receiving pits, backfilling and compaction of pits, installing the Z 3 3 Z 8 1 S pipe, pipe material, casing spacers, casing end seals and disposal of spoils and complete with all necessary appurtenances and testing. 11. Furnish and install 8" X 6" tapping sleeve and 1 EA $ $ valve and valve box including excavation, gravel vo" embedment, backfilled to 95% proctor, testing, pavement cuts, disposal of spoils and all necessary accessories, complete and in place. - 10-098-FOAddendl .doc ITB #10-098-FO, Addendum #1 12. Furnish and install ductile iron fittings including 340 LB $ $ excavation, trench protection, backfilling and compaction of pits, installing the pipe, pipe Z E. Q0 material, casing spacers, casing end seals and Z -1 + S disposal of spoils and complete In place with all necessary appurtenances. 13. Furnish and install fire hydrant assembly 1 EA $- $ including 6 inch gate Valve, fittings, excavation, gravel, embedment, backfill to 95% proctor, ZS� g-, Z S testing, pavement cuts, disposal of spoils, and all necessary accessories complete and in place. 14, Provide and maintain a Trench Safety System as 25 LF $ o $ so per OSHA regulations, include all equipment, S I' 1 Z �' tools and labor. NEW 12" C-900 PVC AT US 62 AND NE OF E 4TH ST (ITEMS 15-23) 15. Furnish and install 12 inch AWWA C-900 PVC 45 LF $ $ Pipe including detection wire, tape, excavation, gravel embedment, backfilled to 95% proctor, '1 S testing, pavement cuts, disposal of spoils and all necessary accessories, complete and in place. 16. Furnish and install 8 inch AWWA C-900 PVC 30 LF $ $ Pipe including detection wire, tape, excavation, po __.57 esgravel embedment backfilled to 95% proctor, and 3 1 ting, pavement cuts, disposal of spoils all necessary accessories, complete and in place. 17. Furnish and install 12" X 10" tapping sleeve and 1 EA $ $ valve and valve box including excavation, gravel n4 J embedment, backfilled to 95% proctor, testing, �/ Z O 0 pavement cuts, disposal of spoils and all 7/ Z 1 necessary accessories, complete and in place. 18. Furnish and install 12 inch insta valve and box 1 EA $ $ excavation, gravel embedment, backfilled to 95% proctor, testing, pavement cuts, disposal of spoils Z o O Z 00 and all necessary accessories, complete and in place. 19. Furnish and install 8 inch insta valve and box 1 EA $ $ excavation, gravel embedment, backfilled to 95% proctor, testing, pavement cuts, disposal of spoils 4 G O o and all necessary accessories, complete and in place. 20. Furnish and install ductile iron fittings including 1,090 LB $ $ excavation, trench protection, backfilling and compactions of pits, installing the pipe, pipe r, lie — Z 5- material, casing spacers, casing end seals and Z Z� ? disposal of spoils and complete in place with all necessary appurtenances. 10-098-FOAddend 1.doc ITB #I0-098-FO, Addendum #1 21. Cut and plug existing 12 inch pipe including any 1 EA $ $ excavation, backfilled to 95% proctor, testing, It pavement cuts, disposal of spoils and all —0 Z� 90 necessary accessories, complete and in place, per Z/ 1 9 0 linear foot. 22. Connect Proposed water main to existing water 2 EA $ $ main, including excavation, gravel embedment, backfilled to 95% proctor, testing, pavement cuts, disposal of spoils and all necessary accessories, �/ 0 80 7-1 Go — complete and in place. 23. Provide and maintain a Trench Safety System as 75 LF $ o $ per OSHA regulations, include all equipment, � � s 3 7 tools and labor. 12" WATER LINE REROUTE AT US 62 AND SW 4TH ST (ITEMS 24-32) 24. Furnish and install 12 inch AWWA C-900 PVC 75 LF $ $ Pipe including detection wire, tape, excavation, ,o ' _o gravel embedment, backfilled to 95% proctor, I -$ +-7 S testing, pavement cuts, disposal of spoils and all necessary accessories, complete and in place. 25. Furnish and install 24" Steel Casing and 12" 65 LF $ $ AWWA C-900 PVC pipe by boring including excavation, trench protection, any required shoring of launching and receiving pits, backfilling and compaction of pits, installing the Z 9 S 1 9/ 1- s pipe, pipe material, casing spacers, casing end seals and disposal of spoils and complete with all necessary appurtenances and testing. 26. Furnish and install 12" X 10" tapping sleeve and 1 EA $ $ valve and valve box including excavation, gravel embedment, backfilled to 95% proctor, testing, �j Z 1 pavement cuts, disposal of spoils and all necessary accessories, complete and in place. 27. Furnish and install 12" X 10" tapping sleeve and 1 EA $ $ valve and valve box including excavation, gravel embedment, backfilled to 95% proctor, testing, pavement cuts, disposal of spoils and all necessary accessories, complete and in place. 28. Furnish and install 12 inch insta valve and box 1 EA $ $ excavation, gravel embedment, backfilled to 95% Qs proctor, testing, pavement cuts, disposal of spoils ii� ZOO $� Z o 0 and all necessary accessories, complete and in place. 29. Furnish and install ductile iron fittings including 250 LB $ $ excavation, trench protection, backfilling and compaction of pits, installing the pipe, pipe -- _ 0 material, casing spacers, casing end seals and Z� I J O disposal of spoils and complete in place with all necessary appurtenances. 10-098-FOAddend 1.doc frB 410-098-FO, Addendum # 1 30. Cut and plug existing 12 inch pipe including any 2--EA $ $ excavation, backfilled to 95% proctor, testing, °_ o. pavement cuts, disposal of spoils and all Z/ I CIO 4i 3 S necessary accessories, complete and in place, per linear foot. 31. Connect Proposed water main to existing water 2 EA $ $ main, including excavation, gravel embedment, o0 backfilled to 95% proctor, testing, pavement cuts, go _ %j g disposal of spoils and all necessary accessories, complete and in place. 32. Provide and maintain a Trench Safety System as 75 LF $ $ per OSHA regulations, include all equipment, So d -- s� 3-7 -- tools and labor. REROUTE 8" WATER LINE AT US 62 AND E 9TH ST (ITEMS 33-40) 33. Furnish and install 8 inch AWWA C-900 PVC 25 LF $ $ Pipe including detection wire, tape, excavation, gravel embedment, backfilled to 95% proctor, s(n 7 ¢' 7 i testing, pavement cuts, disposal of spoils and all necessary accessories, complete and in place. 34. Furnish and install 16" Steel Casing and 8" 65 LF $ $ AWWA C-900 PVC pipe by boring including excavation, trench protection, any required shoring of launching and receiving pits, backfilling and compaction of pits, installing the 3 S 3 Z Z 9 4J pipe, pipe material, casing spacers, casing end seals and disposal of spoils and complete with all necessary appurtenances and testing. 35. Furnish and install 12 inch insta valve and box 2 EA $ $ excavation, gravel embedment, backfilled to ,p 95% proctor, testing, pavement cuts, disposal of spoils and all necessary accessories, complete and in place. 36. Furnish and install 8 inch insta valve and box 1 EA $ $ excavation, gravel embedment, backfilled to 95% proctor, testing, pavement cuts, disposal of spoils — 4% �' 80 8 0 4 and all necessary accessories, complete and in place. 37. Furnish and install ductile iron fittings including 75 LB $ $ excavation, trench protection, backfilling and compaction of pits, installing the pipe, pipe -1 material, casing spacers, casing end seals and disposal of spoils and complete in place with all necessary appurtenances. 38. Cut and plug existing 8 inch pipe including any 2 EA $ $ excavation, backfilled to 95% proctor, testing, pavement cuts, disposal of spoils and all necessary accessories, complete and in place, per Z/) +o 4- Z 8 0 linear foot. 10-098-FOAddend 1.doc ITB #10-098-FO, Addendum #I 39. Connect Proposed water main to existing water 2 EA $ $ main, including excavation, gravel embedment, backfilled to 95% proctor, testing, pavement cuts, c.t p o disposal of spoils and all necessary accessories, complete and in place. 40. Provide and maintain a Trench Safety System as 25 LF $ $ per OSHA regulations, include all equipment, s_ Z sy tools and labor. 8" C-900 WATER LINE AT US 62 AND VANDA (ITEMS 4147) 41. Furnish and install 8 inch AWWA C-900 PVC 10 LF $ $ Pipe including detection wire, tape, excavation, _ gravel embedment, backfilled to 95% proctor, o0 testing, pavement cuts, disposal of spoils and all necessary accessories, complete and in place. 42. Furnish and install 16" Steel Casing and 8" 160 LF $ $ AWWA C-900 PVC pipe by jack and boring, including excavation, trench protection, any required shoring of launching and receiving pits, backfilling and compaction of pits, installing the 5 q' 3 �� U 4 O pipe, pipe material, casing spacers, casing end seals and disposal of spoils and complete with all necessary appurtenances and testing. 43. Furnish and install ductile iron fittings including 500 LB $ $ excavation, trench protection, backfilling and compaction of pits, installing the pipe, pipe material, casing spacers, casing end seals and disposal of spoils and complete in place with all necessary appurtenances. 44. Cut and plug existing 8 inch pipe including any 2 EA $ $ excavation, backfilled to 95% proctor, testing, pavement cuts, disposal of spoils and all ._ necessary accessories, complete and in place, per Z/ 4 p g 4/ Z o linear foot. 45. Connect Proposed water main to existing water 2 EA $ $ main, including excavation, gravel embedment, backfilled to 95% proctor, testing, pavement cuts, disposal of spoils and all necessary accessories, j o Z� Z Z o complete and in place. r-46. I Pavement repair to the asphalt or concrete as 100 100 $ $ 06 needed. o. ; 9 0 0 i 47. Provide and maintain a Trench Safety System as 20 LF $ $ per OSHA regulations, include all equipment, ISO o� tools and labor. 0 p 10-098-FOAddend 1.doc ITB #10-098-FO, Addendum #1 SUBTOTAL BASE BID, 8" C-900 WATER LINE AT US 62 AND 3RD STREET $ (ITEMS 1-8) 3 % & y S SUBTOTAL BASE BID, 6" C-900 WATER LINE AT US 62 AND 3RD PL $ s� (ITEMS 9-14) Z `1 ° O SUBTOTAL BASE BID, NEW 12" C-900 PVC AT US 62 AND NE OF E 4TH ST $ (ITEMS 15-23) +0 SUBTOTAL BASE BID, 12" WATER LINE REROUTE AT US 62 AND SW 4TH ST $ s� (ITEMS 24-32) ,S -7 Z 1-7 SUBTOTAL BASE BID, REROUTE 8" WATER LINE AT US 62 AND E 9TH ST $ .sue. (ITEMS 33-40) SUBTOTAL BASE BID, 8" C-900 WATER LINE AT US 62 AND VANDA $ o0 +<, o Z o (ITEMS 41-47) TOTAL BID ITEMS (1-47) z? 3 ct &-y— , Bidder's Initials 10-098-FOAddend 1.doc U Bidder hereby agrees to commence the work on the above project on a date to be specified in a written "Notice to Proceed" of the Owner and to substantially complete the project within 60 (SIXTY) CALENDER DAYS thereafter as stipulated in the spec-ifications_and- other contract docu rents. Bidder hereby further agrees to pay to Owner as liquidated damages the sum of-$1,000 (ONE THOUSAND) for each calendar day in excess of the time set forth herein above for completion of this project, all as more fully set forth in the general conditions of the contract documents. Liquidated damages is the reasonable amount of anticipated or actual damages for each day the completion of work is delayed, generally not enforceable under Texas common law if damages are intended to serve as a penalty or are far in excess of the amount of damages that may be reasonably forecast. The basis for liquidated damages of $1,000 per calendar day is the Texas Department of Transportation could fine the City of Lubbock if not completed in time. Contractors are required under Texas Local Government Code § 252.044 to provide in the full amount of the contract price payment bonds for public works contracts more than $50,000 and performance bonds for public works contracts more than $100,000, and the City withholds 5% of each progress payment as security for completion of the project. Bidder understands and agrees that this bid submittal shall be completed and submitted in accordance with instruction number 28 of the General Instructions to Bidders. Bidder understands and agrees that this bid submittal shall be completed and submitted in accordance with instruction number 28 of the General Instructions to Bidders. Bidder understands that the Owner reserves the right to reject any or all bids and to waive any formality in the bidding. The Bidder agrees that this bid shall be good and may not be withdrawn for a period of THIRTY (30) calendar days after the scheduled closing time for receiving bids. "The undersigned Bidder hereby declares that he has visited the site of the work and has carefully examined the plans, specifications and contract documents pertaining to the work covered by this bid, and he further agrees to commence work on or before the date specified in the written notice to proceed, and to substantially complete the work on which he has bid; as provided in the contract documents. ' Bidders are required, whether or not a payment or performance bond is required, to submit a cashier's check or certified check issued by a bank satisfactory to the City of Lubbock, or a bid bond from a reliable surety company, payable without recourse to the order of the City of Lubbock in an amount not less than five percent (5%) of the total amount of the bid submitted as a guarantee that bidder will enter into a contract, obtain all required insurance policies, and execute all necessary bonds (if required) within ten (10) business days after notice of award of the contract to him /t;&%— Bidder's Initials 9 Enclosed with this bid is a Cashier's Check or Certified Check for Dollars (S ) or a Bid Bond in the -sum of S `I a Dollars (S ),_which it is agreed shall be collected and retained by the Owner as liquidated damages in the event the bid is accepted by Pod the Owner and the undersigned fails to execute the necessary contract documents, --insurance certificates, and the required bond (if any) with the Owner within ten (10) business days after the date of receipt of written notification of acceptance of said bid; otherwise, said check or bond shall be returned to the undersigned upon demand. Bidder understands and agrees that the contract to be executed by Bidder shall be bound and include all contract documents made available to him for his inspection in accordance with the Notice to Bidders. Pursuant to Texas Local Government Code 252.043(a), a competitive sealed bid that has been opened may not be changed for the purpose of correcting an error in the bid price. THEREFORE, ANY CORRECTIONS TO THE BID PRICE MUST BE MADE ON THE BID SUBMITTAL FORM PRIOR TO BID OPENING. (Sea] if Bidder is a Corporation) ATTEST: Secretary Bidder acknowledges receipt of the following addenda: Addenda No. '. Date &- 1 7 -1 6 Addenda No. Date Addenda No. Date Addenda No, Date .r Date: 6 - 2, Z- 1 0 _���•---mot- � � Authorized Signature 14-tz-AO / LS TZv,�Tort (Printed or Typed Name) W f_:r N i C o,ayi. C_- Sa'. Company (9 O W Ar Address (sC TO, A'cr-N City, County TGY. 3 7(Ros l State Zip Code Telephone: 8 1 ? - +6 1- 7,5- `I q' Fax: 5 1 't - 4 8 1- t)(a l FEDERAL TAX ID or SOCIAL SECURITY No. -7 - Z. 3 Z Z S(A -7 EMAIL: d MSL�u'A. t? WOCT. .HT C&PAIT.Coh N11WBE Firm: Woman Black American Native American Hispanic American Asian Pacific American Other (S ecif 1 10 •��sy e e J 1 Merchants Bonding Company P.O. BOX 26720 • AUSTIN, TX 78755-0720 BID BOND PUBLIC WORK KNOW ALL PERSONS BY THESE PRESENTS: E That Wright Construction Co., Inc. 601 W. Wall Street, Grapevine, TX 76051 (hereinafter called the Principal) as Principal, and the MERCHANTS BONDING COMPANY (Mutual) a corporation of the State of Iowa, with its Home Office in the City of Des Moines, Iowa, (hereinafter called Surety), as Surety, are held and firmly bound to City of Lubbock 1625 13th Street, Room 204, Lubbock, TX 79401 (hereinafter called the Obligee) in the full and just sum of ($ 5% GAB***************************************************** ) Five Percent of the Greatest Amount Bid********************************************************************************* Dollars good and lawful money of the United States of America, to the payment of which sum of money well and truly to be made, the Principal and Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. Signed and dated this 22nd day of June 2010 THE CONDITION OF THIS OBLIGATION IS SUCH, that, if the Obligee shall make any award to the Principal for Construction of Waterline Crossing to Re -Route ahead of Storm Sewer Construction on East US 62 according to the terms of the proposal or bid made by the Principal therefor, and the Principal shall duly make and enter into a contract with the Obligee in accordance with the terms of said proposal or bid and award, and shall give bond for the faithful performance thereof with the MERCHANTS BONDING COMPANY (Mutual) and Surety, or with other Surety or Sureties approved by the Obligee; or if the Principal shall, in case of failure to do so, pay to the Obligee the damages which the Obligee may suffer by reason of such failure, not exceeding the penalty of this bond, then this obligation shall be null and void; otherwise it shall be and remain in full force and effect. IN TESTIMONY WHEREOF, the Principal and Surety have caused these presents to be duly signed and sealed. Witness: By Co.. Inc. Attest: MERC N S BONDING COMPANY (A By __ CON 0333AU (9100) Kathy Attorney -In -Fact MERCHANTS NATIONS BONDING COMPANY BONDING COMPANY POWER OF ATTORNEY Bond No. Bid Bond KNOW ALL PERSONS BY THESE PRESENTS: That MERCHANTS BONDING COMPANY (MUTUAL) is a corporation duly organized under the laws of the State of Iowa, and that NATIONS BONDING COMPANY is a corporation duly organized under the laws of the State of Texas (herein collectively called the "Companies"), and that the Companies do hereby make, constitute and appoint Clydene Johnson, Dustin Parker, Kathy Sells and/or Carolyn Lease of Grapevine and State of Texas their true and lawful Attomey-in-Fact, with full power and authority hereby conferred in their name, place and stead, to sign, execute, acknowledge and deliver in their behalf as surety any and all bonds, undertakings, recognizances or other written obligations in the nature thereof, subject to the limitation that any such instrument shall not exceed the amount of: TEN MILLION ($10,000,000.00) Dollars and to bind the Companies thereby as fully and to the same extent as if such bond or undertaking was signed by the duly authorized officers of the Companies, and all the acts of said Attomey-in-Fact, pursuant to the authority herein given, are hereby ratified and confirmed. This Power-of-Attomey is made and executed pursuant to and by authority of the following bylaws adopted by the Board of Directors of Merchants Bonding Company (Mutual) on November 16, 2002 and adopted by the Board of Directors of Nations Bonding Company on April 19, 2003. "The Chairman of the Board or President or any Vice President or Secretary shall have power and authority to appoint Attorneys -in -Fact, and to authorize them to execute on behalf of the Company, and attach the Seal of the Company thereto, bonds and undertakings, recognizances, contracts of indemnity and other writings obligatory in the nature thereof. The signature of any authorized officer and the Seal of the Company may be affixed by facsimile to any Power of Attorney or Certification thereof authorizing the execution and delivery of any bond, undertaking, recognizance, or other suretyship obligations of the Company, and such signature and seal when so used shall have the same force and effect as though manually fixed." In Witness Whereof, the Companies have caused this instrument to be signed and sealed this 11th day of February , 2010. Cico C� Z:— -o- o' 9'. 2003 a • STATE OFIOWA ••••••'•'' COUNTY OF POLK ss. .•--••• OWN • CqM •. 0�.•�P09.,.09•. co _ -o- 0: - . a : 1933 c' •y MERCHANTS BONDING COMPANY (MUTUAL) NATIONS BONDING COMPANY Byr'7 77 President On this 11 th day of February , 2010, before me appeared Larry Taylor, to me personally known, who being by me duly sworn did say that he Is President of MERCHANTS BONDING COMPANY (MUTUAL) and NATIONS BONDING COMPANY; and that the seals affixed to the foregoing instrument are the corporate seals of the Companies; and that the said instrument was signed and sealed in behalf of the Companies by authority of their respective Boards of Directors. In Testimony Whereof, I have hereunto set my hand and affixed my Official Seal at the City of Des Moines, Iowa, the day and year first above written. CINDY SMYTH �. ow � Commission Number 173504 My Commission Expires STATE OF IOWA March 16, 2012 Notary Public, Polk County, Iowa COUNTY OF POLK ss. I, William Warner, Jr., Secretary of MERCHANTS BONDING COMPANY (MUTUAL) and NATIONS BONDING COMPANY, do hereby certify that the above and foregoing is a true and correct copy of the POWER -OF -ATTORNEY executed by said Companies, which is still in full force and effect and has not been amended or revoked. In Witness Whereof, I have hereunto set my hand and affixed the seal of the Companies on this 22nd day of June 12010 9 Z' 'O' o' .Oi 2003 aa; .•,fib, • .•�aONG •�O�tf'•• �O; ��1P0,9..09. ti: -o- 1933 �: c; . vd� `Ado. Secretary NBC 0103 (1/09) IMPORTANT NOTICE To obtain information or make a complaint: You may contact your insurance agent at the telephone number provided by your insurance agent. You may call Merchants Bonding Company's toll -free telephone number for information or to make a complaint at: 1-800-678-8171 You may contact the Texas Department of Insurance to obtain information on companies, coverages, rights or complaints at: 1-800-252-3439 You may write the Texas Department of Insurance at: P. O. Box 149104 Austin, TX 78714-9104 Fax: (512) 475-1771 Web: http://www.tdi.state.tx.us E-mail: ConsumerProtection@tdi.state.tx.us PREMIUM AND CLAIM DISPUTES: Should you have a dispute concerning your premium or about a claim you should contact the agent first. If the dispute is not resolved, you may contact the Texas Department of Insurance. ATTACH THIS NOTICE TO YOUR POLICY: This notice is for information only and does not become a part or condition of the attached document. 1,; RESOLUTIONS ADOPTED BY UNANIMOUS WRITTEN CONSENT' OF THE BOARD OF DIRECTORS OF WRIGHT CONSTRUCTION CO., INC i i Pursuant to the provisions of Article 9.10(B) of the Texas Business Corporation Act, i the undersigned, being all of the Directors of Wright Construction Co., Inc., a Texas Corporation, (the "Corporation"), in lieu of a special meeting of the Directors, do hereby consent and agree to the adoption of the following resolutions: AUTHORIZATION TO EXECUTE CONSTRUCTION CONTRACTS WHEREAS, the Board of Directors have determined that, in order to facilitate the orderly and efficient manner in which the Corporation must do business and it being in the best interest of the Corporation to take such action, additional persons must be authorized to bind the Corporation to the rights and obligations of Construction Contracts when the President and Vice -President of the Company are not available; it is, therefore RESOLVED, that for one (1) year from the execution of this Unanimous Consent, Brad Miller, so long as he is employed by the Corporation, is authorized to execute Construction Contracts on behalf of the Corporation which bind the Corporation to the rights and obligations of such Construction Contracts up to the amount of $10,000,000.00 per Construction Contract. WAIVER OF NOTICE AND CONSENT WHEREAS, Pursuant to 9. 1013 of the Texas Business Corporation Act and Article III of the By -Laws provide that action may be taken without a meeting if a consent is signed by all board members and that regular meetings may be held without call and that notice of the time and place of the meeting may be waived; it is i RESOLVED, that the Directors, by their signatures affixed to these Minutes of the Annual Meeting of Board of Directors, do hereby waive notice of the time and place of meeting, consent to the holding of the meeting, approve of the contents of the minutes, and direct that the original of the minutes be filed in the minute book of the Corporation. Unanimous Consent of the Board of Directors in lieu of a Special Meeting 1 Date:�';�p� C)nl Date:' i- �)U-UC Unanimous Consent of the Board of Directors in lieu of a Special Meeting 2 CITY OF LUBBOCK INSURANCE REQUIREMENT AFFIDAVIT To Be Completed by Bidder and Agent Must be submitted with Bid 1, the undersigned Bidder, certify that the insurance requirements contained in this bid document have been reviewed by me with the below identified insurance Agent/Broker. if 1 am awarded this contract by the City of Lubbock, I will be able to, within ten (10) business days after being notified of such award by the City of Lubbock, furnish a valid insurance certificate to the City meeting a1) of the requirements defined in this bid. _ VAII Contractor Ori inal Sig ure) Contractor (Print) 'S FIRM LAME: Wright Construction Co., Inc. (Print or Type) CONTRACTOR'S FIRM ADDRESS: 601 W. Wall Street Name of Agent/Broker: Sells Agent / Broker (Signature) Grapevine, TX 76051 Address of Agent/Broker: 1200 S. Main Street, Suite 1600 City/State/Zip: Grapevine, TX 76051 Agent/Broker Telephone Number: ( 817 )481-3529 Date: 6/14/10 NOTE TO CONTRACTOR If the time requirement specified above is not met, the City has the right to reject this bid and award the contrael to another contractor. If you have any questions concerning these requirements, please contact the Purchasing and Contract Management Office for the City of Lubbock at (806) 775-3150. BID 10-098-FO Construction or Waterline Crossings to Re -Route ahead of Storm Sewer Construction on East US 62 SAFETY RECORD QUESTIONNAIRE The City of Lubbock City Council desires to avail itself of the benefits of Section 252.0435 of the Local Government Code, and consider the safety records of potential contractors prior to awarding bids on City contracts. Pursuant to Section 252.0435 of the Local Government Code, City of Lubbock has adopted the following written definition and criteria for accurately determining the safety record of a bidder prior to awarding bids on City contracts. The definition and criteria for determining the safety record of a bidder for this consideration shall be: The City of Lubbock shall consider the safety record of the bidders in determining the responsibility thereof. The City may consider any incidents involving worker safety or safety of the citizens of the City of Lubbock, be it related or caused by environmental, mechanical, operational, supervision or any other cause or factor. Specifically, the City may consider, among other things: Complaints to, or final orders entered by, the Occupational Safety and Health Review Commission (OSHRC), against the bidder for violations of OSHA regulations within the past three (3) years. b. Citations (as defined below) from an Environmental Protection Agency (as defined below) for violations within the past five (5) years. Environmental Protection Agencies include, but are not necessarily limited to, the U.S. Army Corps of Engineers (USACOE), the U.S. Fish and Wildlife Service (USFWS), the Environmental Protection Agency (EPA), the Texas Commission on Environmental Quality (TCEQ), the Texas Natural Resource Conservation Commission (TNRCC) (predecessor to the TCEQ), the Texas Department of State Health Services (DSHS), the Texas Parks and Wildlife Department (TPWD), the Structural Pest Control Board (SPCB), agencies of local governments responsible for enforcing environmental protection or worker safety related laws or regulations, and similar regulatory agencies of other states of the United States. Citations include notices of violation, notices of enforcement, suspension/revocations of state or federal licenses or registrations, fines assessed, pending criminal complaints, indictments, or convictions, administrative orders, draft orders, final orders, and judicial final judgments. C. Convictions of a criminal offense within the past ten (10) years, which resulted from bodily harm or death. d. Any other safety related matter deemed by the City Council to be material in determining the responsibility of the bidder and his or her ability to perform the services or goods required by the bid documents in a safe environment, both for the workers and other employees of bidder and the citizens of the City of Lubbock. _ In order to obtain proper information from bidders so that City of Lubbock may consider the safety records of potential contractors prior to awarding bids on City contracts, City of Lubbock requires that bidders answer the following three (3) questions and submit them with their bids: QUESTION ONE Has the bidder, or the firm, corporation, partnership, or institution represented by the bidder, or anyone acting for such firm, corporation, partnership or institution, received citations for violations of OSHA within the past three (3) years? YES NO If the bidder has indicated YES for question number one above, the bidder must provide to City of Lubbock, with its bid submission, the following information with respect to each such citation: Date of offense, location of establishment inspected, category of offense, final disposition of offense, if any, and penalty assessed. Bidder's Initials 1 QUESTION TWO Has the bidder, or the firm, corporation, partnership, or institution represented by the bidder, or anyone acting for such firm, corporation, partnership or institution, received citations for violations of environmental protection laws or regulations, of any kind or type, within the past five years? Citations include notice of violation, notice of enforcement, - suspension/revocations of state or federal licenses, or registrations, fines assessed, pending criminal complaints, indictments, or convictions, administrative orders, draft orders, final orders, and judicial final judgments. YES NO If the bidder has indicated YES for question number two above, the bidder must provide to City of Lubbock, with its bid submission, the following information with respect to each such conviction: Date of offense or occurrence, location where offense occurred, type of offense, final disposition of offense, if any, and penalty assessed. QUESTION THREE Has the bidder, or the firm, corporation, partnership, or institution represented by bidder, or anyone acting for such firm, corporation, partnership, or institution, ever been convicted, within the past ten (10) years, of a criminal offense which resulted from serious bodily injury or death? YES NO_ If the bidder has indicated YES for question number three above, the bidder must provide to City of Lubbock, with its bid submission, the following information with respect to each such conviction: Date of offense, location where offense occurred, type of offense, final disposition of offense, in any, and penalty assessed. ACKNOWLEDGEMENT THE STATE OF TEXAS COUNTY OF LUBBOCK I certify that I have made no willful misrepresentations in this Questionnaire nor have I withheld information in my statements and answers to questions. 1 am aware that the information given by me in this questionnaire shall be investigated, with my full permission, and that any misrepresentations or orris ions may ause my bid to be rejected. 6 � Signature -e 5, Title 0 11 �U/ cot :Urjo USDOL/OSHA/LUBBDCK PAGE 02/04 L.S. DEPARTMENT OF LABOR OCCUPATiONAL SAFETY AND HEALTH ADN-ITNISTRAT10N In the Matter of. Wright Construction Company OSHA �o.(s): 312386287 FNFORMAL SLTTLEMLN7 AGREEMENT The undersigned Employer and the undersigned Occupational Safcty and Health Administration (OSHA), in settlement of the above citation(s) and penalties which were issued on 10/09/08. hereby agree as follows: The Employer agrees to correct the hazards identified in the citations, or as amended below 2. The Employer agrees to comply with all applicable abatement verification provisions of 29 C.F.R. §1903.19, including but not limited to, all certification, documentation, and posting requirements. Abatement certification shall be accomplished within 10 calendar days after the abatement date by mailing a letter to Occupational Safety and Health Administration, Lubboci< Area Office, 1205 Texas Avenue, Room 806, Lubbock, TX 79401, stating that abatement has been completed, the date and method of abatement, and that affected employees and their representatives have been informed of the abatement. Any required abatement documentation shall be submitted along with the abatement certification. 3. The Employer agrees to pay the proposed penalties, if any, as issued with the above citation(s), or if amended by this Agreement, as amended below. Such penalty is to be remitted within 5 days of the signing of this Agreement. If the original signed Agreement and payment is not received in accordance with this time period, the Agreement shall be null and void and All original penalties shall become payable along with appropriate fees, And interest. 4. The Employer and OSHA agree to amend the citations and penalties, if any, as follows: CITATION PENALTY Cit 1, Item 1 Reclassified to Other than Serious, Penalty $1,200.00 Cit 1, Item 2 Reclassified to Other than Serious, Penalty $1,200.00 TOTAL PROPOSED $2,400.00 PENALTY 5, The Employer promises to permit OSi•tA access to the workplace at issue herein subsequent to the date fixed for abatement for the specific and limited purpose of determining if the conditions described in the citations have been corrected -- . � , - 1-1 �UDD-.,.. PAGE 63/04 6, The employer agrees to continue to comply with the applicable provisions of the Occupational Safety and Health Act of 1970, and the applicable safety and health standards promulgated pursuant to the Act. 7. Neither this settlement agreement,. nor the employer's failure to contest the citations at issue, shall constitute an admission by the emp)oyer of any violations of the Occupational Safety and Hcalth Act to any third parties in any subsequent proceedings, except proceedings brought by the Unitcd States Government. 8. The Employer; by signing this settlement agreement; hereby waives its rights to contest the above citation(s) and penalties. as amended in paragraph 4 of the agreement. 9. The Employer agrees to immediately post a copy of this settlement agreement in a prominent place at or near the location of the violation(s) rcfctred to in paragraphs 3 and 4 Above. T1tis Agreement must remain posted until the violations cited have been corTwed, or for 3 working days (excluding weekends and Federal Holidays), \vhichcver is longer. 10. Each party agrees to beat its own attorney's fees, costs and other expenses incurred by such party in connection with nny stngc of the above -referenced proceeding including, but not limited to, attomey's fees which may be available under the Equal Access to Justice Act, as amended. l l . The Employer agrees to provide training to its foremen and lead persons regarding required housekeeping and ladder use including required ladder angles and lengths. Richard F. Tapio Por Occupational Safety And Health Administration (Signature and Date) 7 Lem oinng t, Presi t Wri Co stntction C mpany (Si at and Date) /0-0 g - 0Y 0Ubai2ib8b USDOL/OSHA/LUBBOCK PAGE ea/eQ NOTICE TO EMPLOYEES The la«, gives you or your representative the opportunity to object to any abatement date set Cot a violation if you believe the date to be unreasonable. Any contest to the abatement dates of the citations amended in paragraph 3 of this Settlement Agreement must be mailed to the U.S. Department of Labor Area Office at ROOM 806, GEORGE MAHON FEDERAL BUILDING, 1205 TCXAS AVENUE. LUB13OCK. TX 79401, within 15 working dAys (excluding weekends and Federal Holidays) of the receipt by the Employer of this Settlement Agreement. )'ou or your representative also have the right to object to any of the abatement dates sct for violations, which were not amended, provided that the objection is mailed to the office shown obove within the 15-working.-day period established by the originai citation. 3 If you are considering a request for an informal conference to discuss any issues related to this Citation and Notification of Penalty, you must take care to schedule it early enough to allow time to contest after the informal conference, should you decide to do so. Please keep in mind that a written letter of intent to contest must be submitted to the Area Director within 15 working days of your receipt of this Citation. The running of this contest period is not interrupted by an informal conference. If you decide to request an informal conference, please complete, remove and post the page 4 Notice to Employees next to this Citation and Notification of Penalty as soon as the time, date, and place of the informal conference have been determined. Be sure to bring to the conference any and all supporting documentation of existing conditions as well as any abatement steps taken thus far. If conditions warrant, we can enter into an informal settlement agreement which amicably resolves this matter without litigation or contest. Right to Co.ritest - YOU have the right to contest this Citation and Notification of Penalty. You may contest all citation items or only individual items. You may also contest proposed penalties and/or abatement dates without contesting the underlying violations. Unless you inforin the Area Director in writing that you intend to contest the citation(s) and/or proposed penalty(ies) within 15 working days after receipt, the citation(s) and the proposed penalty(ies) will become a final order of the Occupational Safety and Health Review Commission and may not be reviewed by any court or agency. Penalty Payment - Penalties are due within 15 working days of receipt of this notification unless contested. (See the enclosed booklet and the additional information provided related to the Debt Collection Act of 1982.) Make your check or money order payable to "DOL-OSHA". Please indicate the Inspection Number on the remittance. OSHA does not agree to any restrictions or conditions or endorsements put on any check or money order for less than the full amount due, and will cash the check or money order as if these restrictions, conditions, or endorsements do not exist. Notification of Corrective Action - For violations which you do not contest, you should notify the U.S. Department of Labor Area Office promptly by letter that you have taken appropriate corrective action within the tithe frame set forth on this Citation. Please inform the Area Office in writing of the abatement steps you have taken and of their dates, together with adequate supporting documentation, e.g., drawings or photographs of corrected conditions, purchase/work orders related to abatement actions, air sampling results, etc. (Please see attached "Corrective Action Verification.") Employer Discrimination Unlawful - The law prohibits discrimination by an employer against an employee for filing a complaint or for exercising any rights under this Act. An employee who believes that he/she has been discriminated against inay file a complaint no later than 30 days after the discrimination occurred with the U.S. Department of Labor Area Office at the address shown above. Employer Rights and Responsibilities - The enclosed booklet (OSHA 3000) outlines additional employer rights and responsibilities and should be read in conjunction with this notification. Notice to Employees - The law gives an employee or his/her representative the opportunity to object to any abatement date set for a violation if lie/she believes the date to be unreasonable. The contest must be inailed to the U.S. Department of Labor Area Office at the address shown above and postmarked within 15 working days (excluding weekends and Federal holidays) of the receipt by the employer of this Citation and Notification ®f Penalty. Citation and Notification of Penalty Page 2 of 6 OSHA-Z(Rev. 6/9 3) i_ Corrective Action Verification Reference• Inspection Nuanher: Dear Sir: OSHA's inspections are intended to result in the abatement/correction of violations of the OSHAct. To verify that this has been accomplished, Section 1903.19 requires that an employer qgLffy to OSHA, within ten ([0) days of the final abatement date that each item cited has been corrected. This abatement certification letter must include the following: Name of Employer OSHA Inspection Number Citation and Item Numbers to which the submission relates The date each item was abated, specific action taken to abate each violation and appropriate documentation for the action taken. Where appropriate, this documentation should include photographs, work orders, purchase orders, personal protective equipment provided, standard operation procedures, copies of written programs, engineering controls, monitoring data, etc. Adequate supporting documentation may allow its to close the case file. The lack of adequate documentation could result in a follow-up inspection. A statement that affected employees and their representatives have been informed of the abatement actions A statement that the information submitted is accurate E The signature of the employer or the employer's authorized representative. Following is a sample format that may be used for this submittal: Name of Employer Citation Item No. Date Item Corrective Number Instance No. Abated Action Taken Date this letter of submission posted I certify that the information submitted is correct. Employer or Authorized Representative Citation and Notification of Penalty Page 3 of 6 OSHA-2(Rev. 6/93) U.S. Department of Labor Occupational Safety and Health Administration N res NOTICE TO EMPLOYEES ON INFORMAL C ONFEREi',IC-P An informal conference Ijas been scheduled with OS CIA to discuss the citation(s) issued on _ 10/08/2008. The conference will be held at the OSHA office located at ROOM 806, GEORGE NWHON FEDERAL BUILDING, 1205 TEXAS AVENUE, L'UBBOCK, TX, 79401 on at Employees and/or representatives of employees have a right to attend an informal conference. Citation and Notification of Penalty Page 4 of 6 OSHA-2(Rev. 6/9,3) U.S. Department of Labor Occupational Safety and Health Administration Inspection Number: 312386287 �fn7 F Inspection Dates: 10/02/2008- 10/02/2008 9 Issuance Date: 10/08/2008 r P tES Citation and Notification of Penalty Company Name: Wright Construction Company inspection Site: Loop 289 at Quaker, Lubbock, TX 79414 Citation 1 Item 1 Type of Violation: 'Serious 29 CFR 1926.25(a): Debris was not kept cleared from work areas, passageways, and stairs, in and around buildings or other structures: On or about October 2, 2008 at the trench site located near the intersection of N TX Loop 289 and N Quaker Streets in Lubbock, Texas, debris, including but not limited to lumber, cable assemblies, a ladder laying on the ground parallel to trench, hannner, trench box rods, and a shovel, were strewn along the walk way along the length/edge of the trench. This created a slipping/tripping hazard to employees as they walked along this path to retrieve tools, etc. Date By Which Violation Must be Abated: Proposed Penalty: 10/ 15/2008 1575.00 See pages t through 4 of this Citation and Notification of Penalty for information on employer and employee rights and responsibilities Citation and Notification of Penalty Page 5 of 6 OSHA-2 (Rev, 903) U.S. Department of Labor Inspection Number: 312386287 Occupational Safety and Health Administration Inspection Dates: 10/02/2008-10/02/2008 Issuance Date: 10/08/2008 o , Citation and Notification of Penalty Company Name: Wright Construction Company Inspection Site: Loop 289 at Quaker, Lubbock, TX 79414 Citation 1 Item 2 Type of Violation: Serious 29 CFR 1926.651(c)(2): A stairway, ladder, ramp or other safe means of egress was not located in trench excavations that were 4 feet (I .22ni) or more in depth so as to require no snore than 25 feet (7.62tn) of lateral travel for employees: On or about October 2, 2008 at the trench site located at the intersection of N TX Loop 289 and N Quaker Streets in Lubbock, Texas, a cotrunercial extension ladder was employed to provide ingress and egress from a 13.5 foot deep by 12 foot wide trench. However, the ladder was placed at approximately a 20 degree angle( to ground plane ), the ladder safety -shoes being placed on the concrete pipe in the trench and the ladder rails were leaning against the top trench wall edge. This configuration was not safe, as it exposed employees to a fall into the trench during egress or ingress. Date By Which Violation Nfust be Abated: Proposed Penalty: ICHARD F. TAPI Area Director 10/ 15/2008 $ 1575.00 See pages l through 4 of this Citation and Notification of Penalty for information on employer and employee rights and responsibilities. Citation and Notification of Penalty Page 6 of 6 OSHA-2 (Rev. 9/953) U.S. Department of Labor Occupational Safety and Health Administration ROOM 806, GEORGE MAHON FEDERAL BUILDING 1205 TEXAS AVENUE LUBBOCK, TX 79401 Phone: (806)472-7681 FAX: (806)472-7686 INVOICE/ DEBT COLLECTI01',-T NOTICE Company Nafn•..' Wright Construction Company Inspection Site:: Loop 39 at QuaIter, Lubbock, TX 19414 Issuance :Date: 10/08/2008 Say Pry ref Pe-GRIt;es 17PA 1i�t�-ectmu i`fiary ,er 31.2336237 Citation 1, Serious 3150.00 T,07AL PROPOSED P-EiA L. i S = u 3 f.j0.0 To avoid additional charges, please remit payment promptly to this Area Office for the total amount of the uncontested penalties summarized above. Make your check or money order payable to: "DOL-OSHA". Please indicate OSHA's inspection Number (indicated above) on the remittance. OSHA does not agree to any restrictions or conditions put on any check or money order for less than the full amount due and will cash the check or money order as if these restrictions or conditions do not exist. If a personal check is issued, it will be converted into an electronic fund transfer (EFT). This means that our bank will copy your check and use the account information on it to electronically debit your account for the amount of the check. The debit from your account will then usually occur within 24 hours and will be shown on your regular account statement. You will not receive your original check back. The bank will destroy your original check, but will keep a copy of it. If the EFT cannot be completed because of insufficient funds or closed account, the bank will attempt to make the transfer up to 2 times. Pursuant to the Debt Collection Act of 1982 (Public Law 97-365) and regulations of the U.S. Department of Labor (29 CFR Part 20), the Occupational Safety and Health Administration is required to assess interest, delinquent charges, and administrative costs for the collection of delinquent penalty debts for violations of the Occupational Safety and Health Act. Interest Interest charges will be assessed at an. annual rate determined by the Secretary Tr " t.. ., .� ecretar of the Treasury or, aii penalty debt amounts not paid within one month (30 calendar days) of the date on which the debt amount becomes due and payable (penalty due date). The current interest rate is 5%. Interest will accrue from the date on which the penalty amounts (as proposed or adjusted) become a final order of the Occupational Safety and Health Review Conunission (that is, 15 working days from your receipt of the Citation and Notification of Penalty), unless you file a notice of contest. Interest charges will be waived if the full amount owed is paid within 30 calendar days of the final order. Page l of 2 Delinquent Cliarges. A debt is considered delinquent if it has not been paid within one month (30 calendar days) of the penalty due date or if a satisfactory payment arrangement has not been made. If the debt retrains delinquent for more than 90 calendar days, a delinquent charge of six percent (6%) per annum will be assessed accruing froth the date that the debt became delinquent. Administrative Costs. Agencies of the Department of Labor are required to assess additional charges for the ........... recovery of delinquent debts. These additional charges are administrative costs incurred by the Agency in its attempt to collect an unpaid debt. Administrative costs will be assessed for deniand letters sent in an attempt to collect the unpaid debt. r '� RCCHAI_ZDF. APIO:" Area Director Date Page 2 of 2 U.S. Department of Labor Occupational Safety and Health Administration 1205 Texas Avenue, Room 806 Lubbock, TX 79401 Phone: 806-472-7681 Fax: 806-472-7681 October 8, 2008 Wright Construction Company 601 Wall Street Grapevine, TX 76051 Re: OSHA Inspection Ni tnber: 312386287 Dear Employer Inspection 312386287 of your workplace conducted on October 2, 2008 revealed no instances of Repeated, Willful, or Failure -to -Abate violations, nor were there a significant number of High Gravity Serious violations. Additionally, the compliance officer has reported that you have a good understanding of the actions necessary to correct the violations that were cited, and that you are willing to make those corrections by the date(s) specified in the citation. The good faith you have exhibited, and the absence of Repeated, Willful or Failure -to -Abate violations, makes your firm eligible for an Expedited Informal Settlement Agreement (EISA). Under this program, an employer and OSHA can enter into an Informal Settlement Agreement without going through the formal procedure of meeting in the Area Office. However, if you decide to enter into the Expedited Informal Settlement Agreement, you should be aware that you relinquish your right to contest the citations and penalties. The Expedited Informal Settlement Agreement can be used only where the sole issue of dispute is the dollar amount of proposed penalties. If you wish to discuss, change, or object to any other aspect of the inspection or citations - including abatement dates, validity of violations, classification of violations - then the Expedited Informal Settlement agreement cannot be used. Under those circumstances, you may request an Informal Conference with me and/or exercise your contest rights as explained elsewhere. You should carefully read the enclosed Expedited Informal Settlement Agreement to determine whether the terms of the agreement are acceptable to you. Key elements of the agreement call for OSHA to agree to a 40 per cent (40 %) reduction in the total penalty amount proposed; for the Employer to correct the violations by the abatement date(s) set forth in the citation(s); for the Employer to provide evidence of corrective actions taken and to provide written certification that all terms have been abated at the time of final abatement. Please note that failure to comply with any of the terms set forth in the agreement will cause the penalty to revert to the initially proposed amount. The signed agreement and a check for the full amount of the reduced penalty (40% off the total of initially proposed penalties) must be delivered to the Area Office prior to the expiration of the 15- working day contest period. If mailed, thelettermust be postmarked not later than the day that the 15 working day contest period ends. If you have any questions regarding the Expedited Informal Settlement Agreement, please contact me ai _ (806) 472-7681, ext 224. Sincerely, RICHARD F. AP1O Area Director Lubbock Area Office - OSHA RFT/pd U.S. Department of Labor Occupational Safety and Health Administration Lubbock Area Office 1205 Texas Avenue, Room 806 Lubbock, TX 79401 (806)472-7681 EXPEDITIE.1) INFORMAL SETTLEMENT -AGREEMENT In the Matter of: Aright Construction Company OSHA Insp.ction Number: 312386287 The undersigned Employer and the undersigned Occupational Safety and Health Administration (OSHA), in settlement of the above reverenced Citation(s) and Notification(s) of Penalty which were issued on October o, 2008, hereby agree as follows: 1. The Employer agrees to correct the violations as cited in the above referenced citation(s). 2. The Employer agrees to provide evidence of the actions taken to correct the cited violations. 3. Upon correction of all violations, the .Employer agrees to provide written certification to the Area Director that all of the violations have been corrected. The Employer agrees to post a copy of the written certification for a period of three days in the place the citations were posted as described in paragraph 7 of this Agreement. 4. OSHA agrees that the total penalty is amended to $1,890.00. Failure of the Employer to comply with the terms of this Agreement shall cause the penalty to revert to the initially proposed penalty of $3,150.00. 5. In consideration of the foregoing amendment(s) and/or modification(s) to the citation(s), the Employer hereby waives its right to contest said citation(s) pursuant to Section 10c of the Occupational Safety and Health Act of 1970. It is understood and agreed by the Occupational Safety and Health Administration and the Employer that the citation(s) as amended and/or modified by this Agreement shall be deemed a final order not subject to review by any court or Agency. 6. The employer agrees to immediately post a copy of this Settlement Agreement in the same manner and place as the Citation(s) (Citations are required by law to be posted in a prominent place at or near the location of the violation (s). Citations must remain posted until the violations cited have been corrected, or for three working days (excluding weekends and Federal Holidays), whichever is longer. 7. Each party hereby agrees to bear its own fees and other expenses incurred by such party in connection with any stage of this proceeding. For the Employer Date Signed ...z ` IICHARD F. TA.- IO Date Signed Occupational Safety and Health Administration Lubbock. Area Office NOTICE TO EMPLOYEES The law gives you or your representative the opportunity to object to any abatement date set for a violation if you believe the date to be unreasonable. Any contest of the abatement dates of the citations referred to in paragraph 1 of this Settlement Agreement must be mailed to the U.S. Department of Labor Area Office at 1205 Texas Avenue, Room 806, Lubbock, TX 79401, within 15 working days (excluding weekends and Federal Holidays) of the receipt by the Employer of the original citations. IMPORTANT INFORMATION ABOUT PENALTY REDUCTIONS UNDER EISA (EXPEDITED INFORMAL SETTLEMENT AGREEMENTS) WHAT IS EISA? It is a way to reduce OSHA penalties by 40% . This is a pilot program offered by this OSHA office to increase the efficiency ol' business and government; other local OSHA offices may or may not be currently participating in this pilot program, WHY IS THE OFFER R BEINGS MADE TO ME? The recent inspection of your workplace uncovered no Repeated, Willful, or Failure- to-A'oate violations of OSHA standards AND you are willing to correct the violations that were found no later than the dates shown on the citations. WHAT DO I HAVE TO DO? You have to agree to �orrert all the violations BY THE DATES shown on the citations AND provide evidence of the corrections. Submit the Corrective Action Verification Form (in the citation) to this office. STEP-BY-STEP, .HOW WOULD I PROCEED? 1. Read and understand the Agreement. 2. If the terms are agreeable, sign the Agreement and return it to this office with a check for the reduced penalty amount. The agreement MUST be signed by you and POSTMARKED not later that the end of the 15 working day contest period. Correct the violation (Corrections MUST be made by the dates on the citations). 3. Send evidence of the corrections made (e.g., photographs, purchase orders, etc.). If you want, you can hold your evidence of corrections until everything has been corrected and then send it all out at once along with the Corrective Action Verification Form. 4. Fill out and sign the Corrective Action Verification Form, certifying that all of the violations have been corrected. Post one copy for your employees to see and send one copy to this OSHA office. WHAT IF I RUN INTO PROBLEMS AND CANNOT CORRECT ALL OF THE VIOLATIONS BY THE DATES ON THE CITATION? Contact this office as soon as you determine that you will not be able to correct the violations by the dates on the citations. If you can show a good reason for the delay, a new abatement date can be set. SUSPENSION AND DEBARMENT CERTIFICATION Federal Law (A-102 Common Rule and OMB Circular A-110) prohibits non -Federal entities from contracting with or making sub -awards under covered transactions to parties that are suspended or debarred or whose principals are suspended or debarred. Covered transactions include procurement contracts for goods or services equal to or in excess of $50,000 and all non -procurement transactions (e.g., sub -awards to sub -recipients). Contractors receiving individual awards of $50,000 or more and all sub -recipients must certify that their organization and its principals are not suspended or debarred by a Federal agency. Before an award of $50,000 or more can be made to your firm, you must certify that your organization and its principals are not suspended or debarred by a Federal agency. 1, the undersigned agent for the firm named below, certify that neither this firm nor its principals are suspended or debarred by a Federal agency. COMPANY NAME: W f-Zy VA-T � o r-; x T . C c .; FEDERAL TAX I or SOCIAL SECURITY No. 75 " Z. 3 2- Signature of Company Official: Printed name of company official signing;aby ve: L Date Signed: & - 2. Z- — 1 O I-r I w 1. 2. 3. 4. 5. 6. S. 9. 10. 11. 12. 13. 14. 15. 16. BID # TTB 10-098-FO Construction of Waterline Crossings to Re -Route ahead or storm Stwer Construction on East US 62 FINAL LIST OF SUB CONTRACTORS Company Name Location Services Provided ts'. X Z. Att 4 AP Tlt.. -rk lt4 ) 20.TA V wi 1 \tj.fA- C-- w ttr rtmovs,,U-TE. P-, Company (A 6 1 W - W o"", Address City! County . 'Tey-p•s .7 1. 6.r I State Zip Code Telephone: 6)*? - 401-L5`14- Fax: 6 1 -2 - +8 - Minority Owned Yes No 0 w 0 W- E] 53" 0 0 0 0 0 11 C1 0 0 11, 0 0 0 0 0 El 0 0 0 0 0 THIS FORM SHALL BE COMPLETED AND RETURNED ALONG WITH YOUR PROPOSAL IF NO SUB —CONTRACTORS WILL. BE USED PLEASE INDICATE SO 3 PAYMENT BOND 4 STATUTORY PAYMENT BOND PURSUANT TO SECTION 2253.021(a) OF THE TEXAS GOVERNMENT CODE (CONTRACTS MORE THAN $50,000) Bond No. TXC 86330 KNOW ALL MEN BY THESE PRESENTS, that Wright Construction Co., Inc. (hereinafter called the Principal(s), as Principal(s), and Merchants Bonding Comany (Mutual) (hereinafter called the Surety(s), as Surety(s), are held and firmly bound unto the City of Lubbock (hereinafter called the Obligee), in the amount of """********SEE BELOW********************* Dollars ($ 273,928.00**) lawful money of the United States for the payment whereof, the said Principal and Surety bind themselves, and their heirs, administrators, executors, successors and assigns, jointly and severally, firmly by these presents. *************************Two hundred Seventy Three Thousand, Nine Hundred Twentv Eight Dollars****************************** WHEREAS, the Principal has entered into a certain written contract with the Obligee, dated the 22nd day of Julv, 2010, to Construct Waterline Crossings to Re-route ahead of Storm Sewer Construction on East US 82 ITB-10-098-FP and said Principal under the law is required before commencing the work provided for in said contract to execute a bond in the amount of said contract which contract is hereby referred to and made a part hereof as fully and to the same extent as if copied at length herein. NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION 1S SUCH, that if the said Principal shall pay all claimants supplying labor and material to him or a subcontractor in the prosecution of the work provided for in said contract, then, this obligation shall be void; otherwise to remain in full force and effect; PROVIDED, HOWEVER, that this bond is executed pursuant to the provisions of Section 2253.021(a) of the Texas Government Code, and all liabilities on this bond shall be determined in accordance with the provisions of said Article to the same extent as if it were copied at length herein. IN WITNESS WHEREOF, the said Principal (s) and Surety (s) have signed and sealed this instrument this 29th day of July 2010, Merchants Bonding Compan Mutual) Surety *By: (Title) kathpSells, Attorney -In -Fact I Wright Construction Co., Inc. (Company Name) The undersigned surety company represents that it is duly qualified to do business in Texas, and hereby designates _Cory Bentley* an agent resident in Lubbock County to whom any requisite notices may be delivered and on v,,hom service of process may be had in matters arising out of such suretyship. Upshaw Insurance Agency Merchants Bonding Company (Mutual) 8901 Highway 87, Suite 4 Surety Lubbock, TX 79423 * By. (Titl Approved as to form: Kathy Sells, Attorney -In -Fact City of b ck By: Attorney * Notc: If signed by an Office of the Surety Company there must be on file a certified extract from the by-laws showing that this person has authority to sign such obligation. If signed by an Attorney in Fact, we must have copy of power of attorney for our files. PERFORMANCE BOND 11 is STATUTORY PERFORMANCE BOND PURSUANT TO SECTION 2253.021(a) OF THE TEXAS GOVERNMENT CODE (CONTRACTS MORE THAN $100,000) Bond No. TXC 86330 Wright Construction Co., Inc. KNOW ALL. MEN BY "THESE PRESENTS, that A (hereinafter called the Principal(s), as Principal(s), and Merchants Bonding Company (Mutual) (hereinafter called the Surety(s), as Surety(s), are held and firmly bound unto the City of Lubbock (hereinafter called the Obligee), in the amount of''****************SEE BELOW*""*"*"*""*"*** 273,928.00*** Dollars ($ ) ]awful 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. ***"*********************Two Hundred Seventv Three Thousand. Nine Hundred Twentv Eiaht Dollars************************************ WHEREAS, the Principal has entered into a certain written contract with the Obligee, dated the 22nd day of July, 2010, to Construct Waterline Crossings to Re-route ahead of Storm Sewer Construction on East US 82, ITB-10-098-FP and said principal under the law is required before commencing the work provided for in said contract to execute a bond in the amount of said contract which contract is hereby referred to and made a part hereof as fully and to the same extent as if copied at length herein. NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the said Principal shall faithfully perform the work in accordance with the plans, specifications and contract documents, then this obligation shall be void; otherwise to remain in full force and effect. PROVIDED, HOWEVER, that this bond is executed pursuant to the provisions of Section 2253.021(a) of the Texas Government Code, and all liabilities on this bond shall be determined in accordance with the provisions of said article to the same extent as if it were copied at length herein. IN WITNI-SS WHEREOF, the said Principal (s) and Surety (s) have signed and sealed this instrument this 29th day of July 2010. Merchants Bonding Company (Mutual) Surety * By: (Title) Kat Sells, Attorney -In -Fact Wright Construction Co.,lnc. (Company Name) By:,_..1- --Wri (Printed Name) The undersigned surety company represents that it is duly qualified to do business in Texas, and hereby designates CoryBentley"` an agent resident in Lubbock County to whom any requisite notices tnay be delivered and on whom service of process may be had in matters arising out of such suretyship. * Upshaw Insurance Agency 8901 Highway 87, Suite 4 Lubbock, TX 79423 Approved as to Form CitgyvAttorney o• By: Merchants Bonding Company (Mutual) Surety * By: (Titl ) &I�!� Kathy Sells, Attorney -In -Fact * Note: If signed by an Office of the Surety Company, there must be on file a certified extract from the by-laws showing that this person has authority to sign such obligation. If signed by an Attorney in Fact, we must have copy of power of attorney for our Files. 3 MERCHANTS NATIONS BONDING COMPANY BONDING COMPANY POWER OF ATTORNEY Bond No. TXC 86330 KNOW ALL PERSONS BY THESE PRESENTS: That MERCHANTS BONDING COMPANY (MUTUAL) is a corporation duly organized under the laws of the State of Iowa, and that NATIONS BONDING COMPANY is a corporation duly organized under the laws of the State of Texas (herein collectively called the "Companies"), and that the Companies do hereby make, constitute and appoint Clydene Johnson, Dustin Parker, Kathy Sells and/or Carolyn Lease of Grapevine and State of Texas their true and lawful Attorney -in -Fact, with full power and authority hereby conferred in their name, place and stead, to sign, execute, acknowledge and deliver in their behalf as surety any and all bonds, undertakings, recognizances or other written obligations in the nature thereof, subject to the limitation that any such instrument shall not exceed the amount of: TEN MILLION ($10,000,000.00) Dollars and to bind the Companies thereby as fully and to the same extent as If such bond or undertaking was signed by the duly authorized officers of the Companies, and all the acts of said Attomey-in-Fact, pursuant to the authority herein given, are hereby ratified and confirmed. This Power-of-Attomey is made and executed pursuant to and by authority of the following bylaws adopted by the Board of Directors of Merchants Bonding Company (Mutual) on November 16, 2002 and adopted by the Board of Directors of Nations Bonding Company on April 19, 2001 "The Chairman of the Board or President or any Vice President or Secretary shall have power and authority to appoint Attomeys-in-Fact, and to authorize them to execute on behalf of the Company, and attach the Seal of the Company thereto, bonds and undertakings, recognizances, contracts of indemnity and other writings obligatory in the nature thereof. The signature of any authorized officer and the Seal of the Company may be affixed by facsimile to any Power of Attorney or Certification thereof authorizing the execution and delivery of any bond, undertaking, recognizance, or other suretyship obligations of the Company, and such signature and seal when so used shall have the same force and effect as though manually fixed." In Witness Whereof, the Companies have caused this instrument to be signed and sealed this 11th day of February , 2010. to D PO Co C' >f.� • C) Z. _ -o- o �. : 2003 a )V .� •.• STATE OFIOWA ••�•'•'••• COUNTY OF POLK ss. MERCHANTS BONDING COMPANY (MUTUAL) NATIONS BONDING COMPANY By President On this 11 th day of February , 2010, before me appeared Lary Taylor, to me personalty known, who being by me duly swom did say that he is President of MERCHANTS BONDING COMPANY (MUTUAL) and NATIONS BONDING COMPANY; and that the seals affixed to the foregoing instrument are the corporate seals of the Companies; and that the said instrument was signed and sealed in behalf of the Companies by authority of their respective Boards of Directors. In Testimony Whereof, I have hereunto set my hand and affixed my Official Seal at the City of Des Moines, Iowa, the day and year first above written. CINDY SMYTH(L�f�/, Commission Number 173504 U cw� My Commission Expires STATE OF IOWA March 16, 2012 NotaryPublic, Polk County, Iowa COUNTY OF POLK ss. I, William Warner, Jr., Secretary of MERCHANTS BONDING COMPANY (MUTUAL) and NATIONS BONDING COMPANY, do hereby certify that the above and foregoing is a true and correct copy of the POWER -OF -ATTORNEY executed by said Companies, which is still in full force and effect and has not been amended or revoked. In Witness Whereof, I have hereunto set my hand and affixed the seal of the Companies on this 29th day of July 2010 . 'otA .. D 1Nc•.• 0,•oAPOq .. . CO 9� .C) ;Z cr•p• ° 2003 a • p�N.. Cp,Ij • •0�1 (APO -o- c; �y 1933 : y Secretary NBC 01,03 (1/09) IMPORTANT NOTICE To obtain information or make a complaint: You may contact your insurance agent at the telephone number provided by your insurance agent. You may call Merchants Bonding Company's toll -free telephone number for information or to make a complaint at: 1-800-678-8171 You may contact the Texas Department of Insurance to obtain information on companies, coverages, rights or complaints at: 1-800-262-3439 You may write the Texas Department of Insurance at: P. O. Box 149104 Austin, TX 78714-9104 Fax: (512) 475-1771 Web: http://www.tdi.state.tx.us E-mail: ConsumerProtection@tdi.state.tx.us PREMIUM AND CLAIM DISPUTES: Should you have a dispute concerning your premium or about a claim you should contact the agent first. If the dispute is not resolved, you may contact the Texas Department of Insurance. ATTACH THIS NOTICE TO YOUR POLICY: This notice is for information only and does not become a part or condition of the attached document. SUP 0032 TX (7/07) CERTIFICATE OF INSURANCE L a� ACORQ. CERTIFICATE OF LIABILITY INSURANCE 7 DATE(MM/DD/YYYY) 29 2010 PRODUCER Phone: 817-481-3529 Fax: 817-424-1404 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Box Insurance Agency ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE 1200 S. Main Street, Ste. 1600 HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR Grapevine TX Street, ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. INSURERS AFFORDING COVERAGE I NAIC # INSURED Wright Construction Co., Inc. 601 W. Wall St. Grapevine TX 76051 COVERAGES INSURERA: St . Paul Fire and I INSURER B:Bituminous Casualt' INSURER C: INSURER D: INSURER E: THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR DD' TYPEOFINSURANCE POLICY NUMBER POLICYEFFECTIVE POLICY EXPIRATION LIMITS B GENERAL LIABILITY CLP 3269008 11/29/2009 11/29/2010 EACH OCCURRENCE $ j 00Q 000 X COMMERCIAL GENERAL LIABILITY DAMAG ,E TO RENTED PREMISES Ea occurence) $10 0 , 0 0 0 CLAIMS MADE Fx_1 OCCUR MED EXP (Any one person) $ 5 0 0 0 PERSONAL &ADV INJURY $ j 0 0 0 0 0 0 X XC'.T7 X EIFS Excluded GENERAL AGGREGATE $ 2 000 000 GENT AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OPAGG $ 2 000 000 PRO LOC POLICY X JECT B AUTOMOBILE LIABILITY ANY AUTO CAP 3534217 11/29/2009 11/29/2010 COMBINED SINGLE LIMIT (Ea accident) $ 1, 0 0 0, 0 0 0 X BODILY INJURY (Per person) $ ALL OWNED AUTOS SCHEDULEDAUTOS X X BODILYINJURY (Peraccident) $ HIREDAUTOS NON-OWNEDAUTOS PROPERTY DAMAGE (Per accident) $ GARAGE LIABILITY AUTO ONLY -EA ACCIDENT $ OTHERTHAN EAACC $ ANY AUTO $ AUTO ONLY: AGG A EXCESS/UMBRELLA LIABILITY QK0 91018 31 11 / 2 9/ 2 009 11 / 2 9/ 2 010 EACH OCCURRENCE $ 1 Q 0 0 0 0 0 0 X OCCUR CLAIMS MADE AGGREGATE $ 1 Q 0 0 0 0 0 0 $ HDEDUCTIBLE $ X RETENTION $10,000 $ WORKERS COMPENSATION AND WC 3534216 11/29/2009 11/29/2010 X wcs MIT OER E.L. EACH ACCIDENT _ $ j 0 0 0 0 0 0 EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE E.L. DISEASE -EA EMPLOYEE $ j 000 000 OFFICERIMEMBER EXCLUDED? If yes, describe under SPECIAL PROVISIONS below E.L. DISEASE - POLICY LIMIT 1 $ j 0 0 0 0 0 OTHER DESCRIPTION OF OPERATIONS / LOCATIONS I VEHICLES / EXCLUSIONS ADDED BY ENDORSEMENT / SPECIAL PROVISIONS e: ITB-10-098-FP Construction of Waterline Crossings to Re-route ahead of Storm Sewer Construction on East US 82 City of Lubbock is Additional Insured on a Primary/Non-contributory basis as respects General Liability and Auto Liability if required by written contract. Waiver of Subrogation applies in favor of same as respects General Liability, Auto Liability, and Workers' Compensation if required by written contract. City of Lubbock P.O. Box 2000, Room 204 Lubbock TX 79457 ACORD 25 (2001/081 I,ANUICLLA I IVn SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES. AUTHORIZED REPRESENTATIV&_, 1, % i_1% I't I n CERTIFICATE OF INSURANCE TO: CITY OF LUBBOCK DATE: P.O. BOX 2000, Room 204 LUBBOCK, TX 79457 TYPE OF PROJECT: THIS IS TO CERTIFY THAT (Name and Address of Insured) is, at the date of this certificate, insured by this Company with respect to the business operations hereinafter described, for the typed of insurance and in accordance with the provisions of the standard policies used -by -this company, the further hereinafter described. Exceptions to standard policy noted hereon. TYPE OF INSURANCE POLICY NUMBER EFFECTIVE EFFECTIVE LIMITS DATE DATE GENERAL LIABILITY Commercial General Liability General Aggregate $ Claims Made Products-Comp/Op AGG $ Occurrence Personal & Adv. Injury $ Owners & Contractors Protective Each Occurrence $ ❑ Fire Damage (Any one Fire) $ Med Exp (Any one Person) $ AUTOMOTIVE LIABILITY Any Auto Combined Single Limit $ All Owned Autos Bodily Injury (Per Person) $ Scheduled Autos Bodily Injury (Per Accident) $ u Hired Autos Property Damage $ Non -Owned Autos GARAGE LIABILITY Any Auto Auto Only - Each Accident $ Other than Auto Only: Each Accident $ Aggregate $ BUILDER'S RISK 100% of the Total Contract Price $ INSTALLATION FLOATER $ EXCESS LIABILITY Umbrella Form Each Occurrence $ Aggregate $ Other Than Umbrella Form $ WORKERS COMPENSATION AND E:IIPLOYERS' LIABILITY The Proprietor/ Included Statutory Limits Partners/Executive Excluded Each Accident $ Offices are: Disease Policy Limit $ Disease -Each Employee $ OTHER The above policies either in the body thereof or by appropriate endorsement provide that they may not be changed or canceled by the insurer in less than the legal time required after the insured has received written notice of such change or cancellation, or in case there is no legal requirement, in less than five days in advance of cancellation. _x FIVE COPIES OF THE CERTIFICATE OF INSURANCE (Name of Insurer) MUST BE SENT TO THE CITY OF LUBBOCK By: Title: The Insurance Certificates Furnished shall name the City of Lubbock as a Primary Additional Insured on General E Liability and provide a Waiver of Subrogation in favor of the City of Lubbock. IT SHALL BE THE CONTRACTOR'S. THE ADDITIONAL INSURED ENDORSEMENT SHALL INCLUDE PRODUCTS AND COMPLETE OPERATIONS. CONTRACTOR CHECKLIST g_ 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 thatpersonbeginning work on the project, so the governmental entity will have on file certificates of coverage showing coverage for all persons providing services on the project; and (B) no later than seven days after receipt by the contractor, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (5) retain all required certificates of coverage on file for the duration of the project and for one year thereafter; (6) notify the governmental entity in writing by certified mail or personal delivery, within ten (10) days after the contractor knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project; (7) post a notice on each project site informing all persons providing services on the project that they are required to be covered, and stating how a person may verify current coverage and report failure to provide coverage. This notice does not satisfy other posting requirements imposed by the Act or other commission rules. This notice must be printed in at least 19-point normal type, and shall be in both English and Spanish and any other language common to the worker population. The text for the notices shall be the following text provided by the commission on the sample notice, without any additional words or changes: PROOF OF COVERAGE SHALL BE FURNISHED TO THE CITY OF LUBBOCK IN THE FORM OF A CERTIFICATE OF INSURANCE. THE INSURANCE CERTIFICATES FURNISHED SHALL NAME THE CITY OF LUBBOCK AS A PRIMARY ADDITIONAL INSURED AND PROVIDE A WAIVER OF SUBROGATION IN FAVOR OF THE CITY OF LUBBOCK, OR IN THE ALTERNATIVE, SHALL BE ACCOMPANIED BY A STATEMENT FROM THE CONTRACTOR TO THE EFFECT THAT NO WORK ON THIS PARTICULAR PROJECT SHALL BE SUBCONTRACTED. IT SHALL BE THE CONTRACTOR'S RESPONSIBILITY TO PROVIDE TO THE OWNER ALL PROOF OF COVERAGE INSURANCE DOCUMENTS INCLUDING WORKERS COMPENSATION COVERAGE FOR EACH SUBCONTRACTOR. No Text REQUIRED WORKERS' -COMP-ENSATI-ON COVERAGE "The law requires that each person working on this site or providing services related to this construction project must (see reverse) be covered by workers' compensation insurance. This includes persons providing, hauling, or delivering equipment and materials, or providing labor or transportation or other service related to the project, regardless of the identity of their employer or status as an employee." "Call the Texas Workers' Compensation Commission at 512-305-7238 to receive information on the legal requirement for coverage, to verify whether your employer has provided the required coverage, or to F-li 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 r_J rule; (D) provide the contractor, prior to the end of the coverage period, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (E) obtain from each other person with whom it contracts, and provide to the contractor: (i) a certificate of coverage, prior to the other person beginning work on the project; and (ii) prior to the end of the coverage period, a new certificate of coverage showing extension of the coverage period, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (F) retain all required certificates of coverage on file for the duration of the project and for one year thereafter; (G) notify the governmental entity in writing by certified mail or personal delivery, within (ten) 10 days after the person knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project; and (H) contractually require each other person with whom it contracts, to perform as required by paragraphs (A) - (H), with the certificate of coverage to be provided to the person for whom they are providing services. u� N-J No Text CONTRACT CONTRACT STATE OF TEXAS COUNTY OF LUBBOCK THIS AGREEMENT, made and entered into this 22nd day of July. 2010, by and between the City of Lubbock, County of Lubbock, State of Texas, acting by and through the Mayor, City of Lubbock, thereunto authorized to do so, hereinafter referred to as OWNER, and Wright Construction Company, Inc. of the City of Grapevine County of Tarrant 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 10-09840, Construction of Waterline Crossings to Re -Route ahead of Storm Sewer Construction on East US 62 and all extra work in connection therewith, under the terms as stated in the contract documents and at his (or their) own proper cost and expense to furnish all materials, supplies, machinery, equipment, tools, superintendence, labor, insurance and other accessories and services necessary to complete the said construction in accordance with the contract documents as defined in the General Conditions of Agreement. Wright Construction Company, Inc's bid dated June 22, 2010 is incorporated into and made a part of this agreement. The CONTRACTOR hereby agrees to commence work within ten days after the date written notice to do so shall have been given to him and to substantially complete same within the time specified in the contract documents. The OWNER agrees to pay the CONTRACTOR in current funds for the performance of the contract in accordance with the bid submitted therefore, subject to additions and deductions, as provided in the contract documents and to make payment on account thereof as provided therein. IN WITNESS WHEREOF, the parties to these presents have executed this agreement in Lubbock, Lubbock County, Texas in the year and day first above written. CONTRACTOR: By: PRINTED N L TITLE: fji_3 s o ai COMPLETE ADDRESS: b"T#.N %.-Nsoa C N CITY OF LUBBOCK, TEXAS (OWNER): ZN 4 By: c / MAYOR — Company W R,2 to- r to. - ,sr. C o,, I VA1, Address (Pp I W. W o. L. %. S i. City, State, Lip (,r�¢,ATa ems"Tx. -7 l..'S 1 y ATTEST: Corporate Secret ATTEST: City Sec etary A APP OV ?AtFORM City Attorney No Text GENERAL CONDITIONS OF THE AGREEMENT GENERAL CONDITIONS OF THE AGREEMENT 1. OWNER Whenever the word Owner, or First Party, are used in this contract, it shall be understood as referring to the City of Lubbock, Texas. 2, CONTRACTOR Whenever the word Contractor, or Second Party, is used, it shall be understood to mean the person, persons, co- partnership or corporation, to wit Wright Construction Company, Inc. who has agreed to perform the work embraced in this contract, or their legal representative. 3. OWNER'S REPRESENTATWE Whenever the word Owner's Representative or representative is used in this contract, it shall be understood as referring to, City of Lubbock, or its representative Wood Franklin, Chief Engineer, so designated who shall inspect constructions; or to such other representatives, supervisors, architects, engineers, or inspectors as may be authorized by said Owner to act in any particular under this agreement. Engineers, supervisors or inspectors shall act for the Owner under the direction of Owner's Representative, but shall not directly supervise the Contractor or persons acting on behalf of the Contractor. 4. CONTRACT DOCUMENTS The contract's documents shall consist of the Notice to Bidders, General Instructions to Bidders, Bid, Signed Agreement, Statutory Bonds (if required), General Conditions of the Agreement, Special Conditions of the Agreement (if any), Specifications, Plans, Insurance Certificates, and all other documents made available to Bidder for inspection in accordance with the Notice to Bidders. The above described materials are sometimes referred to herein as the "contract" or "contract documents". 5. INTERPRETATION OF PHRASES Whenever the words "Directed," "Permitted," "Designated," "Required," "Considered Necessary," "Prescribed," or words of like import are used, it shall be understood that the direction, requirement, permission, order, designation or prescription of the Owner's Representative is intended; and similarly, the words "Approved," "Acceptable," "Satisfactory," or words of like import shall mean approved by or acceptable or satisfactory to the Owner's Representative. 6. SUBCONTRACTOR The term Subcontractor, as employed herein, includes only those having a direct contract with the Contractor for performance of work on the project contemplated by these contract documents. Owner shall have no responsibility to any Subcontractor employed by Contractor for performance of work on the project contemplated by these contract documents, but said Subcontractors shall look exclusively to Contractor for any payments due Subcontractor. The City reserves the right to approve or disapprove the selection of any subcontractor(s). 7. WRITTEN NOTICE Written notice shall be deemed to have been duly served if delivered in person to the individual or to a member of the firm or to an Office of the corporation for whom it is intended, or if delivered at or sent certified mail to the last business address known to the party who gives the notice. t' r 14. OWNER'S REPRESENTATIVE'S AUTHORITY AND DUTY Unless otherwise specified, it is mutually agreed between the parties to this Agreement that the Owner's Representative has the authority to review all work included herein. The Owner's Representative has the authority to stop the work whenever such stoppage may be necessary to ensure the proper execution of the contract. The Owner's Representative shall, in all cases, determine the amounts and quantities of the several kinds of work which are to be paid for under the contract documents, and shall determine all questions in relation to said work and the construction thereof, and shall, in all cases, decide every question which may arise relative to the execution of this contract on the part of said Contractor. The decision of the Owner's Representative shall be conclusive in the absence of written objection to same delivered to Owner's Representative within fifteen (15) calendar days of any decision or direction by Owner's Representative. In the absence of timely written objection by Contractor, as provided herein, any and all objection or objections shall be deemed waived. 15. SUPERINTENDENCE AND INSPECTION It is agreed by the Contractor that the Owner's Representative shall be and is hereby authorized to appoint from time to time such subordinate engineers, supervisors, or inspectors as 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 fifteen (15) calendar days make written appeal to the Owner's Representative for its decision. In the absence of timely written objection by Contractor, as provided herein, any and all objection or objections shall be deemed waived. 16. CONTRACTOR'S DUTY AND SUPERINTENDENCE The Contractor shall give personal attention to the faithful prosecution and completion of this contract and shall keep on the work, during its progress, a competent superintendent and any necessary assistants, all satisfactory to Owner's Representative. The superintendent shall represent the Contractor in its absence and all directions given to superintendent shall be binding as if given to the Contractor. It is expressly agreed that adequate supervision by competent and reasonable representatives of the Contractor is essential to the proper performance of the work and lack of such supervision shall be grounds for suspending operations of the Contractor. The work, from its commencement to completion, shall be under the exclusive charge and control of the Contractor and all risk in connection therewith shall be borne by the Contractor. 1_ The Owner or Owner's Representatives shall not be responsible for the acts or omissions of the Contractor, or any subcontractors, or any of Contractor's agents or employees, or any other persons performing any of the work. 17. CONTRACTOR'S UNDERSTANDING It is understood and agreed that the Contractor has, by careful examination, satisfied itself as to the nature and location of the work, the confirmation of the ground, the character, quality and quantity of materials to be encountered, the character of equipment and facilities needed preliminary to and during the prosecution of the work, and the general and local conditions, and all other matters which in any way affect the work under the contract documents. No oral agreement or conversation with any Office, agent, or employee of the Owner, or �- Owner's Representative either before or after the execution of this contract, shall affect or modify any of the terms or obligations herein contained. Subject to the rights of Owner as set forth in Paragraph 23 hereof, all modifications and/or amendments to the contract documents, shall be in writing, and executed by Owner's Representative and Contractor. f, 4 i Unless otherwise specified herein, all loss, expense or damage to Contractor arising out of the nature of the work to be done, or from the action of the elements, or from any unforeseen circumstance and the prosecution of the ' work, -shall _be -sustained --and borne -by_ -the Contractor at its own cost and expense. 1 18. CHARACTER -OF WORKERS The Contractor agrees to employ only orderly and competent workers, skillful in the performance in the type of work required under this contract, to do the work; and agrees that whenever the Owner's Representative shall inform Contractor in writing that any man or men on the work, are, in Owner's Representative's sole opinion, incompetent, unfaithful, disorderly, or otherwise unacceptable to Owner or Owner's Representative, such man or men shall be discharged from the work and shall not again be employed on the work without the Owner's Representative's written consent. 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 are permitted only at such places as the Owner's Representative shall consent or direct, and the sanitary conditions of the grounds in or about such structure shall at all times be maintained in a manner satisfactory to the Owner's Representative. 20. SANITATION -J Necessary sanitary conveniences for the use of laborers on the work site, properly secluded from public -11 observation, shall be constructed and maintained by the Contractor in such manner and at such points as shall be J1 approved by the Owner's Representative and their use shall be strictly enforced. 21. OBSERVATION AND TESTING The Owner or Owner's Representative shall have the right at all times to observe and test the work. Contractor shall make necessary arrangements and provide proper facilities and access for such observation and testing at any location wherever such work is in preparation or progress. Contractor shall ascertain the scope of any observation that may be contemplated by Owner or Owner's Representative and shall give ample notice as to the time each part of the work shall be ready for such observation. Owner or Owner's Representative may reject any such work found to be defective or not in accordance with the contract documents, regardless of the stage of its completion or the time or place of discovery of such errors and regardless of whether Owner's Representative has previously accepted the work through oversight or otherwise. If any such work should be covered without approval or consent of the Owner, it must, if requested by Owner or Owner's Representative, be uncovered for examination at Contractor's expense. In the event that any part of the work is being fabricated or manufactured at a location where it is not convenient for Owner or Owner's Representative to make observations of such work or require testing of said work, then in such event Owner or Owner's Representative may require Contractor to furnish Owner or Owner's Representative certificates of inspection, testing or approval made by persons competent to perform such tasks at the location where that part of the work is being manufactured or fabricated. All such tests shall be in accordance with the methods prescribed by the American Society for Testing and Materials or such other applicable organization as may be required by law or the contract documents. If any such work which is required to be inspected, tested, or approved is covered up without written approval or j consent of the Owner or Owner's Representative, it must, if requested by the Owner or Owner's Representative, be uncovered for observation and testing at the Contractor's expense. The cost of all such inspections, tests and approvals shall be borne by the Contractor unless otherwise provided herein. Any work which fails to meet the j requirements of any such tests, inspections or approvals, and any work which meets the requirements of any such ` I z tests or approvals but does not meet the requirements of the contract documents shall be considered defective, and shall be corrected at the Contractor's expense. Neither observations by the Owner or Owner's Representative, nor inspections, tests, or approvals made by Owner, Owner's Representative, or other persons authorized under the contract documents to make such inspections, tests, or approvals shall relieve the Contractor from its obligation to perform the work in accordance with the requirements of the contract documents. 22. DEFECTS AND THEIR REMEDIES It is expressly agreed that if the work or any part thereof, or any material brought on the site of the work for use in the work or selected for the same, shall be deemed by the Owner or Owner's Representative as unsuitable or not in conformity with plans, specifications and/or contract documents, the Contractor shall, after receipt of written notice thereof from the Owner's Representative, forthwith remove suchmaterialand rebuild -or -otherwise remedy such work so that it shall be in full accordance with the contract documents. It is further agreed that any remedial action contemplated as hereinabove set forth shall be at Contractor's expense. 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 furnished or used in said work, then the Owner shall recompense the Contractor for any material or labor so used, and for actual expenses incurred in preparation for the work as originally planned. 24. EXTRA WORK The term "extra work" as used in this contract shall be understood to mean and include all work that may be required by the Owner or Owner's Representative to be done by the Contractor to accomplish any change, alteration or addition to the work as shown on the plans and specifications or contract documents and not covered by Contractor's bid, except as provided under Changes and Alterations herein. It is agreed that the Contractor shall perform all extra work under the direction of the Owner's Representative when presented with a written work order signed by the Owner's Representative; subject, however, to the right of the Contractor to require written confirmation of such extra work order by the Owner. It is also agreed that the compensation to be paid to the Contractor for performing said extra work shall be determined by the following methods: Method (A) - By agreed unit prices; or Method (B) - By agreed lump sum; or Method (C) - If neither Method (A) or Method (B) be agreed upon before the extra work is commenced, then the Contractor shall be paid the lesser of the following: (1) actual field cost of the extra work, plus fifteen (15%) percent; or (2) the amount that would have been charged by a reasonable and prudent Contractor as a reasonable and necessary cost for performance of the extra work. In the event said extra work be performed and paid for under Method (C)(1), then the provisions of this paragraph shall apply and the "actual, field cost" is hereby defined to include the cost of all workmen, such as foremen, timekeepers, mechanics and laborers, materials, supplies, teams, trucks, rentals on machinery and equipment for the time actually employed or used on such extra work, plus actual transportation charges necessarily incurred, together with all expenses incurred directly on account of such extra work, including Social Security, Old Age Benefits, Maintenance Bonds, Public Liability and Property Damage and Workers' Compensation and all other insurances as may be required by law or ordinances or directed by the Owner or Owner's Representative, or by them agreed to. Owner's Representative may direct the form in which accounts of the actual field cost shall be kept and records of these accounts shall be made available to the Owner's Representative. The Owner's Representative may also specify in writing, before the work commences, the method of doing the work and the type and kind of machinery and equipment to be used; otherwise, these matters shall be determined by the Contractor. Unless otherwise agreed upon, the prices for the use of machinery and equipment shall be determined by using 100%, unless otherwise specified, of the latest Schedule of Equipment and Ownership Expenses adopted by the Associated General Contractors of America. Where practical, the terms and prices for the use of machinery and equipment shall be incorporated in the written extra work order. The fifteen percent (15%) of the actual field cost to be paid to Contractor shall cover and compensate Contractor for its profit overhead; general l 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 t __ "actual field cost." No claim for extra work of any kind shall be allowed unless ordered in writing by Owner's Representative. In case any orders or instructions appear to the Contractor to involve extra work for which Contractor should receive compensation or an adjustment in the construction time, Contractor shall prior to commencement of such extra work, make written request to the Owner's Representative for a written order authorizing such extra work. Should a difference of opinion arise as to what does or does not constitute extra work or as to the payment therefore, and the Owner's Representative insists upon its performance, the Contractor shall proceed with the work after making written request for written order and shall keep adequate and accurate account of the actual field cost thereof, as provided under Method (C) (1). If Contractor does not notify Owner's Representative before the commencement of any extra work, any claim for payment due to alleged extra work shall be deemed waived. 25. DISCREPANCIES AND OMISSIONS It is further agreed that it is the intent of the contract documents that all work described in the bid, the specifications, plans and other contract documents, is to be done for the prices quoted by the Contractor and that such price shall include all appurtenances necessary to complete the work in accordance with the intent of these contract documents as interpreted by Owner's Representative. Notices of any discrepancies or omissions in these plans, specifications, or contract documents, shall be given to the Owners' Representative and a clarification obtained before the bids are received, and if no such notice is received by the Owner's Representative prior to the opening of bids, then it shall be deemed that the Contractor fully understands the work to be included and has provided sufficient sums in its bid to complete the work in accordance with these plans and specifications. If Contractor does not notify Owner's Representative before bidding of any discrepancies or omissions, then it shall be deemed for all purposes that the plans and specifications are sufficient and adequate for completion of the project. It is further agreed that any request for clarification must be submitted no later than five (5) calendar 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 its force or equipment or both, to 1 such an extent as to give reasonable assurance of compliance with the schedule of progress. 4 27. PROTECTION AGAINST ACCIDENT TO EMPLOYEES AND THE PUBLIC AND GENERAL INDEMNITY The__ Contractor shall take out and procure a policy or policies of Workers' Compensation Insurance with an insurance company licensed to transact business in the State of Texas, which policy shall comply with the Workers' Compensation laws of the State of Texas. The Contractor shall at all times exercise reasonable precaution for the safety of employees and others on or near the work and shall comply with all applicable provisions of federal, state and municipal laws and building and construction codes. All machinery and equipment and other physical hazards shall be guarded in accordance with the "Manual of Accident Prevention in Construction" of Associated General Contractors of America, except where incompatible with federal, state or municipal laws or regulations. The Contractor, its sureties and insurance carriersshalldefend, indemnify and hold harmless the Owner and all of its Offices, agents and employees against any all losses, costs, damages, expenses, liabilities, claims and/or causes of action, whether known or unknown, fixed, actual, accrued or _ contingent, liquidated or unliquidated, including, but not limited to, attorneys' fees and expenses, in connection with, incident to, related to, or -arising out of, the Contractor's or any subcontractor's, agent's or employee's, in any manner whatsoever, omission, execution and/or supervision of this contract, and the project which is the subject matter of this contract. The safety precautions taken shall be the sole responsibility of the Contractor, in its sole discretion as an Independent Contractor; inclusion of this paragraph in the Agreement, as well as any notice which may be given by the Owners or the Owner's Representative concerning omissions under this paragraph as the work progresses, are intended as reminders to the Contractor of its duty and shall not be construed as any assumption of duty to supervise safety precautions by either the Contractor or any of its subcontractors. 28. CONTRACTOR'S INSURANCE The Contractor shall not commence work under this contract until he has obtained all insurance as required in the General Conditions of the contract documents, from an underwriter authorized to do business in the State of Texas and satisfactory to the City. Proof of coverage shall be furnished to the City and written notice of cancellation or any material change shall be provided ten (10) calendar days in advance of cancellation or change. All policies of insurance, required herein, including policies of insurance required to be provided by Contractor and its subcontractors, shall contain a waiver of any and all of the insurer's or payor's, in the event of self- insurance, rights to subrogation that any such insurer or payor, in the event of self-insurance, may acquire by virtue of payment of any loss under such insurance or self-insurance. All certificates of insurance submitted to the City in conformity with the provisions hereof shall establish such waiver. The Contractor shall procure and carry at its sole cost and expense through the life of this contract, insurance protection as hereinafter specified. Coverage in excess of that specified herein also shall be acceptable. Such insurance shall be carried with an insurance company authorized to transact business in the State of Texas and shall cover all operations in connection with this contract, whether performed by the Contractor or a subcontractor, or separate policies shall be provided covering the operation of each subcontractor. A certificate of insurance specifying each and all coverages shall be submitted prior to contract execution. PROOF OF COVERAGE SHALL BE FURNISHED TO THE CITY OF LUBBOCK IN THE FORM OF A CERTIFICATE OF INSURANCE ALONG WITH A COPY OF THE ADDITIONAL INSURED ENDORSEMENT. THE INSURANCE CERTIFICATES FURNISHED SHALL NAME THE CITY OF LUBBOCK AS A PRIMARY ADDITIONAL INSURED TO INCLUDE PRODUCT-COMP/OP AND PROVIDE A WAIVER OF SUBROGATION IN FAVOR OF THE CITY OF LUBBOCK AS REQUIRED BELOW, OR IN THE ALTERNATIVE, SHALL BE ACCOMPANIED BY A STATEMENT FROM THE CONTRACTOR TO THE EFFECT THAT NO WORK ON THIS PARTICULAR PROJECT SHALL BE SUBCONTRACTED. IT SHALL BE THE CONTRACTOR'S RESPONSIBILITY TO PROVIDE TO THE OWNER ALL PROOF OF COVERAGE INSURANCE DOCUMENTS INCLUDING WORKERS COMPENSATION COVERAGE FOR EACH SUBCONTRACTOR. THE ADDITIONAL INSURED ENDORSEMENT SHALL: INCLUDE PRODUVTS AND COMPLETE OPERATIONS. 9 A. Commercial General Liability Insurance (Primary Additional Insured and Waiver of Subrogation required) i; The contractor shall have Comprehensive General Liability Insurance with limits of $1,000,000 Combined Single Limit in the aggregate and per occurrence to include: i " Products & Completed Operations AGG Contractual Liability Personal & Adv. Injury WITHHEAVYEQUIPMENT & XCU (Explosion, Collapse, Underground) ENDORSEMENT B. Owner's and Contractor's Protective Liability Insurance. For bodily injuries, including accidental death and or property damage, - NOT REQUIRED. C. Comprehensive Automobile Liability Insurance (Waiver of Subrogation Required) The Contractor shall have Comprehensive Automobile Liability Insurance with limits of not less than; Bodily Injury/Property Damage, $500,000 Combined Single Limit, to include all owned and non -owned cars including: Employers Non -ownership Liability Hired and Non -owned Vehicles. D. Builder's Risk Insurance/Installation Floater Insurance - NOT REQUIRED. E. Umbrella Liability Insurance - NOT REQUIRED. F. Worker's Compensation and Employers Liability Insurance (Waiver of Subrogation required) Worker's Compensation Insurance covering all employees whether employed by the Contractor or any Subcontractor on the job with Employers Liabili of at least $500 000 Jh' 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. l 1 Persons providing services on the project ("subcontractor" in Section 406.096, Texas Labor Code) - includes all persons or entities performing all or part of the services the Contractor has undertaken to perform on the project, regardless of whether that person contracted directly with the Contractor and regardless of whether that person has employees. This includes, without limitation, independent contractors, subcontractors, leasing companies, motor carriers, owner - operators, employees of any such entity, or employees of any entity which furnishes persons to provide services on the project. "Services" include, without limitation, providing, hauling, or delivering equipment or materials, or providing labor, transportation, or other service related to a project. "Services" does not include activities unrelated to the project, such as food/beverage vendors, office supply deliveries, and delivery of portable toilets. 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 shall haveonfile 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 401.01](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 9 (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 coverageendsduring 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 .4 the provision of coverage of any person providing services on the project; and (g) contractually require each person with whom it contracts to perform as required by paragraphs (a) - (g), with the certificates of coverage to be provided to the person for whom they are providing services. 10. By signing this contract or providing or causing to be provided a certificate of coverage, the Contractor is representing to the governmental entity that all employees of the Contractor who shall provide services on the project shall 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 thepolicyand type or types of insurance in force thereunder on the date borne by such certificate. 1 (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. L } (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. t_ (8) If policy limits are paid, new policy must be secured for new coverage to complete project. (9) A Contractor shall: L J 10 t, (a) provide coverage for its employees providing services on a project, for the duration of the project based on proper reporting of classification codes and payroll amounts and filling of any coverage agreements; (b) provide a certificate of coverage showing workers' compensation --coverage to the governmental entity prior to beginning work on the project; (c) provide the governmental entity, prior to the end of the coverage period, a new certificate of coverage showing extension of coverage, if the coverage period shown on the Contractor's current certificate of coverage ends during the duration of the project; (d) obtain from each person providing services on a project, and provide to the governmental entity: (i) a certificate of coverage, prior to that person beginning work on the project, so the governmental entity will have on -file --certificates of coverage- showing coverage for all persons providing services on the project; and (ii) no later than seven days after receipt by the Contractor, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (e) retain all required certificates of coverage on file for the duration of the project and for one year thereafter; (f) notify the governmental entity in writing by certified mail or personal delivery, within 10 days after the Contractor knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project; (g) post a notice on each project site informing all persons providing services on the project that they are required to be covered, and stating how a person may verify current coverage and report failure to provide coverage. This notice does not satisfy other posting requirements imposed by the Texas Worker's Compensation Act or other commission rules. This notice must be printed with a title in at least 30 point bold type and text in at least 19 point normal type, and shall be in both English and Spanish and any other language common to the worker population. The text for the notices shall be the following text provided by the commission on the sample notice, without any additional words or changes: REQUIRED WORKERS' COMPENSATION COVERAGE "The law requires that each person working on this site or providing services related to this construction project must be covered by workers' compensation insurance. This includes persons providing, hauling, or delivering equipment or materials, or providing labor or transportation or other service related to the project, regardless of the identity of their employer or status as an employee. " "Call the Texas Workers' Compensation Commission at 800-372-7713 or 512-804- 4000 (www.tdi.state.tx.us) to receive information of the legal requirements for coverage, to verify whether your employer has provided the required coverage, or to report an employer's failure to provide coverage; " and (h) contractually require each person with whom it contracts to provide services on a project, to: (i) provide coverage based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements for all of its employees providing services on the project, for the duration of the project; (ii) provide a certificate of coverage to the Contractor prior to that person beginning work on the project; -, 11 Q 30. (iii) include in all contracts to provide services on the project the following language: "By signing this contract or providing or causing to be provided a certificate of coverage, the person signing this contract is representing to the governmental entity that all employees of the person signing this contract who will provide services on the project will be covered by workers' compensation coverage for the duration of the project, that the coverage will be based on proper reprinting of classification codes and payroll amounts, and that all coverage agreements will be filed with the appropriate insurance carrier or, in the case of a self -insured, with the commission's Division of Self -Insurance Regulation. Providing false or misleading information may subject the Contractor to administrative penalties, criminal penalties, civil penalties, or other civil actions.", - (iv) provide the Contractor, prior to the end of the coverage period, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (v) obtain from each other person with whom it contracts, and provide to the Contractor: (1) a certificate of coverage, prior to the other person beginning work on the project; and (2) prior to the end of the coverage period, a new certificate of coverage showing extension of the coverage period, if the coverage period shown on the current certificate of coverage ends during the duration of the project; 1 (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 f required by paragraphs (i)-(viii), with the certificate of coverage to be provided _. to the person for whom they are providing services. DISABLED EMPLOYEES Contractors having more than fifteen (15) employees agree to comply with the Americans with Disabilities Act of 1990, and agree not to discriminate against a qualified individual with a disability because of the disability of such individual in regard to job application procedures, the hiring, advancement, or discharge of employees, employee compensation, job training, and other terms, conditions, and privileges of employment. PROTECTION AGAINST CLAIMS OF SUBCONTRACTORS. LABORERS MATERIALMEN AND FURNISHERS OF MACHINERY, EQUIPMENT AND SUPPLIES Without limiting, in any way, manner or form, the indemnity provided by Contractor in paragraph 27 hereof, the J Contractor agrees that it will indemnify and save the Owner and all of its Offices, agents and employees, harmless against any and all claims, liabilities, losses, damages, expenses and causes of action arising out of, in any way, manner or form, the demands of subcontractors, laborers, workmen, mechanics, material men and furnishers of y machinery and parts thereof, equipment, power tools, and supplies, incurred in the performance of this contract 12 33 I and the project which is the subject matter of this contract. When Owner so desires, the Contractor shall furnish satisfactory evidence that all obligations of the nature hereinabove _designated have been paid, discharged or x waived. 31. PROTECTION AGAINST ROYALTIES OR PATENT INVENTION The Contractor shall pay all royalties and license fees, and shall provide for the use -of any design, device, material or process covered by letters patent or copyright by suitable legal agreement with the Patentee or owner thereof. Without limiting, in any way, manner or form, the indemnity provided by Contractor in paragraph27 hereof, the tay' Contractor shall defend all suits or claims for infringement of any patent or copyrights and shall indemnify and save the Owner, and all of its Offices, agents and employees harmless from any loss on account thereof, except that Owner shall defend all such suits and claims and shall be responsible for all such loss when a particular design, device, material or process or the product of a particular manufacturer or manufacturers is specified or required in these contract -documents by Owner; provided, -however, if choice of -alternate -design, device, -material or process isallowedto the Contractor, then Contractor shall indemnify and save Owner, and all of its Offices, agents and employees harmless from any loss on account thereof. Notwithstanding anything herein to the contrary, if the material or process specified or required by Owner and/or this contract is an infringement, the Contractor shall be responsible for such loss unless it gives written notice of such infringement to the Owner's Representative prior to bidding. 32. LAWS AND ORDINANCES The Contractor shall at all times observe and comply with all federal, state and local laws, ordinances and regulations, which in any manner affect the contract or the work, and without limiting, in any way, manner or form, the indemnity provided by Contractor in paragraph 27 hereof, Contractor shall indemnify and save harmless the Owner, and all of its Offices, agents, and employees against any claims arising from the violation of any such laws, ordinances, and regulations, whether by the Contractor, its employees, or subcontractors. If the Contractor observes that the plans and specifications are at variance therewith, he shall notify the Owner's Representative in writing prior to bidding and any necessary changes shall be adjusted as provided in the contract for changes in the work. In the absence of timely written notification to Owner's Representative of such variance or variances within said time, any objection and/or assertion that the plans and specifications are at variance with any federal, state or local laws, ordinances or regulations shall be deemed waived. If the Contractor, its employees or subcontractors perform any work contrary to such laws, ordinances, rules and regulations, and without such notice t to the Owner's Representative, Contractor shall bear all costs arising therefrom. ' The Owner is a municipal corporation of the State of Texas and the law from which it derives its powers, insofar as the same regulates the objects for which, or the manner in which, or the conditions under which the Owner may enter into contracts, shall be controlling, and shall be considered as part of this contract to the same effect as though embodied herein. 33. SUBCONTRACTING The Contractor agrees that it will retain personal control and will give its personal attention to the fulfillment of this contract. The Contractor further agrees that subletting of any portion or feature of the work, or materials required in the performance of this contract, shall not relieve the Contractor from its full obligations to the Owner, as provided by the contract documents. 34. TIME FOR SUBSTANTIAL COMPLETION AND LIQUIDATED DAMAGES It is hereby understood and mutually agreed by and between the Contractor and the Owner, that the date of beginning and time for completion as specified in the contract documents, of work to be done hereunder are essential conditions of this contract; and it is further mutually understood and agreed that the work embraced in this contract shall be commenced as provided in the contract documents. 13 If the Contractor should neglect, fail, or refuse to substantially complete the work within the time herein specified, then the Contractor does hereby agree as part of the consideration for the awarding of this contract, the Owner may withhold permanently from Contractor's total compensation, the sum of $1,000 (ONE THOUSAND) PER DAY, not as a penalty, but as liquidated damages for the breach of the contract as herein set forth for each and every working day that the Contractor shall be in default after the time stipulated for substantially completing the j work. It is expressly understood and agreed, by and between Contractor and the Owner, that the time for the substantial- completion of the work described herein is reasonable time for the completion of the same, taking into consideration the average climatic range and conditions and usual industrial conditions prevailing in this locality. The amount is fixed and agreed upon by and between the Contractor and the Owner because the actual damages the Owner would sustain in such event would be difficult and/or impossible to estimate, however, the amount agreed upon herein is a reasonable forecast of the amount necessary to render just compensation to Owner, and is expressly agreed to be not disproportionate to actual damages as measured at time of breach. IT IS FURTHER AGREED AND UNDERSTOOD BETWEEN THE CONTRACTOR AND OWNER THAT TIME IS OF THE ESSENCE OF THIS CONTRACT. 35. TIME AND ORDER OF COMPLETION It is the meaning and intent of this contract, unless otherwise herein specifically provided, that the Contractor shall be allowed to prosecute its work 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 its own force, the Owner's Representative may direct the time and manner of constructing work done under this contract so that conflicts will be avoided and the construction of the various works being done for the Owner shall be harmonized. The Contractor shall submit, at such times as may reasonably be requested by the Owner's Representative, schedules which shall show the order in which the Contractor intends to carry on the work, with dates at which the Contractor will start the several parts of the work and estimated dates of completion of the several parts. 36. TIME OF PERFORMANCE The Contractor agrees that it has submitted its bid in full recognition of the time required for the completion of this project, taking into consideration the average climatic range and industrial conditions prevailing in this locality, and has considered the liquidated damage provisions of paragraph 34 hereinabove set forth and expressly agrees that it shall not be entitled to, nor will it request, an extension of time on this contract, except when its work has been delayed by an act or neglect of the Owner, Owner's Representative, employees of the Owner or other contractors employed by the Owner, or by changes ordered in the work, or by strike, walkouts, acts of God or the public enemy, fire or flood. Any request for extension shall be in writing with the written request for same setting forth all justifications, in detail, for the request, and submitted to Owner's Representative within twenty (20) calendar days of the occurrence of the event causing said delay. A failure by Owner's Representative to affirmatively grant the extension no later than twenty (20) calendar days of written submission by Contractor shall be deemed a denial, and final. Further, in the absence of timely written notification of such delay and request for extension, as provided herein, any request for extension by Contractor shall be deemed waived. 37. HINDRANCE AND DELAYS In executing the contract, the Contractor agrees that in undertaking to complete the work within the time herein fixed, Contractor has taken into consideration and made allowances for all hindrances and delays incident to such work, whether growing out of delays due to unusual and unanticipated circumstances, difficulties or delays in securing material or workmen, or any other cause or occurrence. No charge shall be made by the Contractor for hindrance or delays from any cause during the progress of any part of the work embraced in this contract except 14 {E i where the work is stopped by order of the Owner or Owner's Representative for the Owner's convenience, in which event, such expense as in the sole judgment of the Owner's Representative that is caused by such stoppage shall -be -paid by-O-wner: is Contractor. 38. OUANTITIES 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 bedoneand material to be furnished hereunder. Where the estimated quantities are shown, and only when same are expressly stated to be estimates, for the various classes of work to be done and material to be furnished under this contract, they are approximate and are to be -used only as a basis for estimating the probable cost of the work and for comparing their- bids offered for the work. In theeventthe amount of work to be done--and-materials to be -furnished -are expressly stated to be estimated, and only when same are expressly stated to be estimated, it is understood and agreed that the actual amount of work to be done and the materials to be furnished under this contract may differ somewhat from these estimates, and that where the basis for payment under this contract is the unit price method, payment shall be for the actual amount of work done and materials furnished on the project. 39. PROTECTION OF ADJOINING PROPERTY The Contractor shall take proper means to protect the adjacent or adjoining property or properties in any way encountered, which may be injured or seriously affected by any process of construction to be undertaken under this agreement, from any damage or injury by reason of said process of construction; and Contractor shall be liable for any and all claims for such damage on account of his failure to fully protect all adjacent property. Without limiting, in any way, manner and form, the indemnity provided by Contractor in paragraph 27 hereof, the Contractor agrees to indemnify, save and hold harmless the Owner, and any of its Offices, agents and employees, against any and all claims or damages due to any injury to any adjacent or adjoining property, related to, arising from or growing out of the performance of this contract. 40. PRICE FOR WORK In consideration of the furnishing of all necessary labor, equipment and material and the completion of all work by the Contractor, and on the delivery of all materials embraced in this contract in full conformity with the specifications and stipulations herein contained, the Owner agrees to pay the Contractor the price set forth in the bid proposal attached hereto, which has been made a part of this contract, and the Contractor hereby agrees to receive such price in full for furnishing all materials and all labor required for the aforesaid work, also, for all expenses incurred by Contractor and for well and truly performing the same and the whole thereof in the manner and according to this agreement, the attached specifications, plans, contract documents and requirements of Owner's Representative. t _ 41. PAYMENTS No payments made or certificates given shall be considered as conclusive evidence of the performance of the contract, either wholly or in part, nor shall any certificate or payment be considered as acceptance of defective work. Contractor shall at any time requested during the progress of the work furnish the Owner or Owner's Representative with a verifying certificate showing the Contractor's total outstanding indebtedness in connection with the work. Before final payment is made, Contractor shall satisfy Owner, by affidavit or otherwise, that there are no outstanding liens against Owner's premises by reason of any work under the contract. Acceptance by Contractor of final payment of the contract price shall constitute a waiver of all claims against Owner, Owner's agents and employees, which have not theretofore been timely filed as provided in this contract. t 15 a 42. PARTIAL PAYMENTS On or before the _tenth _day of -each __month,_the _Contractor shall submit to Owner's Representative an application for partial payment or, if the Contractor does not submit such application, the Owner's Representative shall determine the amount to be partially paid. Owner's Representative shall review said application for partial payment if submitted, and the progress of the work made by the Contractor and if found to be in order, shall prepare a certificate for partial payment showing as completely as practical the total value of the work done by the Contractor up to and including the last day of the preceding month. The determination of the partial payment by -, the Owner's Representative shall be in accordance with Paragraph 14 hereof. The Owner shall then pay the Contractor on or before the fifteenth day of the current month the total amount of the Owner's Representative's Certificate of Partial Payment, less 5% of the amount thereof, which 5% shall be retained until final payment, and further, less all previous payments and all further sums that may be retained by Owner under the terms of the contract -documents. Any partial payment made hereunder shall not constitute a waiver by the Owner of any and all other rights to 1 enforce the express terms of the contract documents, and all remedies provided therein, as to any and all work performed, to be performed and/or materials delivered hereunder, including, but limited to, work to which said partial payment is attributable. 43. SUBSTANTIAL COMPLETION Contractor shall give Owner's Representative written notice of substantial completion. Within thirty-one (31) working days after the Contractor has given the Owner's Representative written notice that the work has been substantially completed, the Owner's Representative and/or the Owner shall inspect the work and within said time, if the work be found to be substantially completed in accordance with the contract documents, the Owner's Representative shall issue to the Owner and Contractor a certificate of substantial completion. Notwithstanding the issuance of a certificate of substantial completion, Contractor shall proceed with diligence to finally complete the work within the time provided in this contract. 44. FINAL COMPLETION AND PAYMENT The Contractor shall give written notice to Owner's Representative of final completion. Upon written notice of final completion, the Owner's Representative shall proceed to make final measurement to determine whether final completion has occurred. If the Owner's Representative determines final completion has occurred, Owner's Representative shall so certify to the Owner. Upon certification by Owner's Representative of final completion, Owner shall pay to the Contractor on or before the 31st working day after the date of certification of final r completion, the balance due Contractor under the terms of this agreement. Neither the certification of final completion nor the final payment, nor any provisions in the contract documents shall relieve the Contractor of the obligation for fulfillment of any warranty which may be required in the contract documents and/or any warranty or warranties implied by law or otherwise. It 1 i. _ 45. CORRECTION OF WORK Contractor shall promptly remove from Owner's premises all materials condemned by the Owner's Representative on account of failure to conform to the contract documents, whether actually incorporated in the work or not, and Contractor shall at its own expense promptly replace such condemned materials with other materials conforming to the requirements of the contract documents. Contractor shall also bear the expense of restoring all work of other contractors damaged by any such removal or replacement. if Contractor does not remove and replace any such condemned work within a reasonable time after a written notice by the Owner or the Owner's Representative, Owner may remove and replace it at Contractor's expense. Neither the final payment, nor certification of final completion or substantial completion, nor any provision in the contract documents shall relieve the Contractor of responsibility for faulty materials or workmanship, and Contractor shall remedy any defects due thereto and pay for any damage to other work resulting therefrom, which 16 shall appear within a period of one (1) year from the date of certification of final completion by Owner's Representative. 46. PAYMENT WITHHELD The Owner or Owner's Representative may, on account of subsequently discovered evidence, withhold or nullify the whole or part of any certification to such extent as may be necessary to protect itself -from loss on account of: (a) Defective work not remedied and/or work not performed. (b) Claims filed or reasonable evidence indicating possible filing of claims. (c) Damage to another contractor. When the above grounds are removed, or the Contractor provides a surety bond satisfactory to the Owner, in the amount withheld, payment -shall -be -made for amounts withheld because of them. 47. CLAIM OR DISPUTE It is further agreed by both parties hereto that all questions of dispute or adjustment presented by the Contractor shall be in writing and filed with the Owner's Representative within fifteen (15) calendar days after the Owner's ..9' Representative has given any direction, order or instruction to which the Contractor _desires to take exception. Timely written notice of dispute as provided in this contract of any decision by Owner's Representative or Owner shall be a condition precedent to the bringing and/or assertion of any action or claim by Contractor of any right under this Contract. If the matters set forth in the notice of dispute are not granted or -otherwise responded to by Owner's Representative within fifteen (15) calendar days of receipt of notice of dispute by Owner's Representative, said objections shall be deemed denied. Any decision by the Owner's Representative, or deemed denial by the Owner's Representative, shall be final and conclusive in the absence of fraud. It is further agreed that the acceptance by the Contractor of the final payment shall be a bar to any and all claims of the Contractor, and constitute a waiver of the right to assert any claim against Owner, Owner's agents and employees and �n.. Owner's Representative, by Contractor. 48. NON-COMPLIANCE AND/OR ABANDONMENT BY CONTRACTOR In case the Contractor should (1) abandon and fail or refuse to resume work within fifteen (15) calendar days after written notification from the Owner or the Owner's Representative, or (2) if the Contractor fails to comply with r the written orders of the Owner's Representative, when such orders are consistent with this contract, then the Surety on the bond shall be notified in writing and directed to complete the work and -a copy ofsaidnotice shall be delivered to the Contractor. In the event a bond is not required by law, or otherwise obtained by the Contractor, no further notice of such non-compliance to Contractor shall be required. After receiving said notice of abandonment or non-compliance , the Contractor shall not remove from the work any machinery, equipment, tools, materials or supplies then on the job, but the same, together with any materials and equipment under the contract for work, may be held for use on the work by the Owner or the Surety of the Contractor, or another contractor, in completion of the work; and the Contractor shall not receive any rental or credit therefore (except when used in connection with Extra Work, where credit shall be allowed as provided for under paragraph 24 of this contract); it being understood that the use of such equipment and materials will ultimately reduce the cost to complete the work and be reflected in the final settlement. In the event the Contractor, or Surety, whichever is applicable, should fail to commence compliance with the notice hereinbefore provided within ten (10) calendar days after service of such notice, and/or shall fail to proceed with diligence to complete the project as contemplated and in compliance with all terms and provisions of the contract documents, then the Owner may exercise any and all remedies available to it pursuant to law, contract, equity or otherwise, including, but not limited to, providing for completion of the work in either of the following elective manners: 17 (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, materialsandsupplies to said Contractor, and the expense so charged shall be deducted and paid by the Owner__out__ofsuch moneys as may be due, or that may thereafter at any time become due to the Contractor under and by virtue of this Agreement. In case such expense is less than the sum which would have been payable under this contract, if the same had been completed by the Contractor, then said Contractor shall receive the difference. In case such expense is greater than the sum which would have been payable under this contract, if the same had been completed by said Contractor, then the Contractor and/or its Surety shall pay the amount of such excess to the Owner; or (b) The Owner, under sealed bids, after notice published as required by law, at least twice in a newspaper having a general circulation in the County of location of the work, may let the contract for the completion of the work under substantially the same terms and conditions which are provided in this contract. In case of any increase in cost to the- Owner under the new contract as compared to what would have been the cost under this contract, such increase shall be charged to the Contractor and the Surety shall be and remain bound therefore. Should the cost to complete any such new contract prove to be less than that which would have been the cost to complete the work under this contract, the Contractor or his Surety shall be credited therewith. In the event the Owner's Representative elects to complete the work, as described above, when -the work shall have been finally completed, the Contractor and his Surety shall be so notified and certification of completion as provided in paragraph 44 hereinabove set forth, shall be issued. A complete itemized statement of the contract accounts, certified to by Owner's Representative as being correct shall then be prepared and delivered to Contractor and his Surety, if applicable, whereon the Contractor or his Surety, or the Owner as the case may be, shall pay the balance due as reflected by said statement within 30 days after the date of certification of completion. In the event the statement of accounts shows that the cost to complete the work is less than that which would have been the cost to the Owner had the work been completed by the Contractor under the terms of this contract, or when the Contractor and/or his Surety, if applicable, shall pay the balance shown to be due by them to the Owner, then all machinery, equipment, tools, materials or supplies left on the site of the work shall be turned over to the Contractor and/or his Surety, if applicable. Should the cost to complete the work exceed the contract price, and the Contractor and/or his Surety, if applicable, fail to pay the amount due the Owner within the time designated hereinabove, and there remains any machinery, equipment, tools, materials or supplies on the site of the work, notice thereof, together with an itemized list of such equipment and materials shall be mailed to the Contractor and his Surety, if applicable, at the respective addresses designated in this contract; provided, however, that actual written notice given in any manner will satisfy this condition. After mailing, or other giving of such notice, such property shall be held at the risk of the Contractor and his Surety, if applicable, subject only to the duty of the Owner to exercise ordinary care to protect such property. After fifteen (l 5) calendar days from the date of said notice the Owner may sell such machinery, equipment, tools, materials or supplies and apply the net sum derived from such sale to the credit of the Contractor and his Surety, if applicable. Such sale may be made at either public or private sale, with or without notice, as the Owner may elect. The Owner shall release any machinery, equipment, tools, materials, or supplies that remain on the jobsite and belong to persons other than the Contractor or his Surety, if applicable, to their proper owners. The remedies provided to Owner by law, equity, contract, or otherwise, shall be cumulative, to the extent permitted by law. It is expressly agreed and understood that the exercise by Owner of the remedies provided in this paragraph shall not constitute an election of remedies on the part of Owner, and Owner, irrespective of its exercise of remedies hereunder, shall be entitled to exercise concurrently or otherwise, any and all other remedies available to it, by law, equity, contract or otherwise, including but not limited to, liquidated damages, as provided in paragraph 34, hereinabove set forth. 18 49. LIMITATION ON CONTRACTOR'S REMEDY The remedies of Contractor hereunder shall be limited to, and Owner shall be liable only for, work actually performed by Contractor and/or its subcontractors as set forth in the contract documents, and Owner shall not be liable for any consequential, punitive or indirect loss or damage that Contractor may suffer in connection with the project which is the subject matter of this contract. 50. BONDS The Contractor is required to furnish a performance bond in accordance with Chapter 2253, Government Code, in the amount of 100% of the total contract price in the event that said contract price exceeds $100,000 and the Contractor is required to furnish a payment bond in accordance with Chapter 2253, Government Code, in the amount of 100% of the total contract price in the event that said contract price exceeds $50,000. All bonds shall be --submitted on forms supplied by the Owner, and executed by an approved Surety Company authorized to do business in the State of Texas. It is further agreed that this contract shall not be in effect until such bonds are so furnished. 51. SPECIAL CONDITIONS -In the event special conditions are contained herein as part of the contract documents and said special conditions conflict with any of the general conditions contained in this contract, then in such event the special conditions shall control. 52. LOSS OR EXPENSE DUE TO UNUSUAL OR UNANTICIPATED CIRCUMSTANCES Unless otherwise specified herein, all loss, expense or damage to the Contractor arising out of the nature of the work to be done, or from the action of the elements, or from any unforeseen circumstance or from unusual obstructions or difficulties, naturally occurring, man made or otherwise, which may be encountered in the prosecution of the work, shall be sustained and borne by the Contractor at his own cost and expense. 53. INDEPENDENT CONTRACTOR Contractor is, and shall remain, an independent contractor with full, complete and exclusive power and authority to direct, supervise, and control its own employees and to determine the method of the performance of the work covered hereby. The fact that the Owner or Owner's Representative shall have the right to observe Contractor's work during Contractor's performance and to carry out the other prerogatives which are expressly reserved to and vested in the Owner or Owner's Representative hereunder, is not intended to and shall not at any time change or effect the status of the Contractor as an independent contractor with respect to either the Owner or Owner's Representative or to the Contractor's own employees or to any other person, firm, or corporation. 54. CLEANING UP The Contractor shall at all times keep the premises free from accumulation of debris caused by the work, and at the completion of the work Contractor shall remove all such debris and also its tools, scaffolding, and surplus materials and shall leave the work room clean or its equivalent. The work shall be left in good order and condition. In case of dispute Owner may remove the debris and charge the cost to the Contractor. 55. HAZARDOUS SUBSTANCES AND ASBESTOS Hazardous Substances (herein so called), as defined in the Comprehensive Environmental Response, Compensation, and Liability Act (42 U.S.C.S. §960](14)) and the regulations promulgated thereunder, as same may be amended from time to time, hydrocarbons or other petroleum products or byproducts and/or asbestos, in any form, shall not (i) be utilized, in any way, manner or form, in the construction of, or incorporation into, the Project; or (ii) be brought upon, placed, or located, by any party, on the Project site, or any other property of the _. City, without the written consent of the Owner's Representative. If Contractor believes that the utilization of a ff 19 ff Hazardous Substance, hydrocarbons or other petroleum products or byproducts and/or asbestos is necessary in the construction of the Project, or -that it is necessary to place and/or otherwise locate upon the site of the Project or other property of the City, a Hazardous -Substance, hydrocarbons or other petroleum products or byproducts i and/or asbestos, Contractor shall notify the Owner's Representative, and request consent therefrom, at least twenty (20) days -prior to such action. Owner's Representative may grant or deny the request of Contractor and provide whatever requirements such consent, If granted, is conditioned upon, In its sole and absolute discretion. If } the request of Contractor is not granted or -otherwise not responded to, by Owner's Representative within five (5) days of the receipt of said request, said request shall be deemed to be denied. In the event Owner's Representative shall consent to the request of Contractor, Contractor shall be responsible for ensuring that all personnel involved in the Project are (i) trained for the level of expertise required for proper performance of the actions contemplated by this Contract and, in particular, in all aspects of handling, storage, disposal and exposure of Hazardous Substances, hydrocarbons or other petroleum products or byproducts and/or asbestos; and (ii) are provided and utilize all protective equipment, including without limitation, personal protective gear, necessary to provide protection from exposure to Hazardous Substances, hydrocarbons or other petroleum products or byproducts and/or asbestos. 56. NONAPPROPRIATION All funds for payment by the City under this contract are subject to the availability of an annual appropriation for this purpose by the City. In the event of non -appropriation of funds by the City Council of the City of Lubbock Ili for the goods or services provided under the contract, the City will terminate the contract, without termination 1 charge or other liability, on the last day of the then -current fiscal year or when the appropriation made for the then -current year for the goods or services covered by this contract is spent, whichever event occurs first. If at any time funds are not appropriated for the continuance of this contract, cancellation shall be accepted by the Seller on thirty (30) days prior written notice, but failure to give such notice shall be of no effect and the City shall not be obligated under this contract beyond the date of termination. 57. THE CITY RIGHT TO AUDIT At any time during the term of this Contract and for a period of four (4) years thereafter the City or a duly authorized audit representative of the City, or the State of Texas, at its expense and at reasonable times, reserves the right to audit Contractor's records and books relevant to all services provided under this Contract. In the event such an audit by the City reveals any errors/overpayments by the City, Contractor shall refund the City the full amount of such overpayments within thirty (30) days of such audit findings, or the City, at its option, reserves the right to deduct such amounts owing the City from any payments due Contractor. 20 DAVIS BACON WAGE DETERMINATIONS EXHIBIT A GENERAL DECISION: TX20100028 03/12/2010 TX28 Date: March 12, 2010 General Decision Number: TX20100028 03/12/2010 Superseded General Decision Number: TX20080028 State: Texas Construction Types: Heavy and Highway Counties: Ector, Lubbock, Midland, Potter, Randall, Taylor and Tom Green Counties in Texas. HEAVY (excluding tunnels & dams) and HIGHWAY PROJECTS (does not include building structures in rest area projects). Modification Number Publication Date 0 03/12/2010 * SUTX2004-001 11/09/2004 Rates Fringes Asphalt Distributor Operator ... $ 9.25 0.00 Asphalt Heater Operator ........ $ 11.21 0.00 Asphalt paving machine operator$ 11.16 0.00 Asphalt Raker ..................$ 9.51 0.00 Broom or Sweeper Operator ...... $ 8.57 0.00 Bulldozer operator ...........$ 9.76 0.00 Carpenter ......................$ 12.61 0.00 Concrete Finisher, Paving ...... $ 13.26 0.00 Concrete Finisher, Structures..$ 11.20 0.00 Crane, Clamshell, Backhoe, Derrick, Dragline, Shovel Operator .......................$ 11.00 0.00 Electrician ....................$ 17.00 0.00 Form Builder/Setter, Structures$ 9.26 0.00 a Form Setter, Paving & Curb ..... $ 9.82 0.00 Front End Loader Operator.....,$ 10.52 0.00 Laborer, common. .$ 8.51 0.00 Laborer, Utility .$ 10.46 0.00 Mechanic .......................$ 16.85 0.00 Motor Grader Operator Rough .... $ 11.75 0.00 Motor Grader Operator, Fine Grade ..........................$ 13.50 0.00 Planer Operator ................$ 13.36 0.00 Roller Operator, Pneumatic, Self -Propelled .................$ 7.67 0.00 Roller Operator, Steel Wheel, Flat Wheel/Tamping.............$ 8.06 0.00 Roller Operator, Steel Wheel, Plant Mix Pavement .............$ 7.50 0.00 Scraper Operator ...............$ 8.50 0.00 Servicer .......................$ 8.98 0.00 Slip Form Machine Operator ..... $ 13.64 0.00 l Tractor operator, Pneumatic .... $ 12.00 0.00 Traveling Mixer Operator ....... $ 12.00 0.00 Truck driver, lowboy -Float ..... $ 12.67 0.00 Truck driver, Single Axle, Heavy ..........................$ 8.50 0.00 Truck driver, Single Axle, Light .......................... $ 8.08 0.00 _. Truck Driver, Tandem Axle, Semi -Trailer ...................$ 8.66 t, 0.00 Welder .........................$ 15.25 0.00 Work Zone Barricade Servicer... $ 8.28-------------0�00- WELDERS - Receive rate prescribed for craft performing operation to which welding is incidental. ---------------------------------------------------------------- Unlisted classifications needed for work not included within the scope of the classifications listed may be added after award only as provided in the labor standards contract clauses (29CFR 5.5 (a) (1) (ii)). In the listing above, the "SU" designation means that rates listed under the identifier do not reflect collectively bargained wage and fringe benefit rates. Other designations indicate unions whose rates have been determined to be prevailing. WAGE DETERMINATION APPEALS PROCESS 1.) Has there been an initial decision in the matter? This can be: * an existing published wage determination * a survey underlying a wage determination * a Wage and Hour Division letter setting forth a position on a wage determination matter * a conformance (additional classification and rate) ruling On survey related matters, initial contact, including requests for summaries of surveys, should be with the Wage and Hour Regional Office for the area in which the survey was conducted because those Regional Offices have responsibility for the Davis -Bacon survey program. If the response from this initial contact is not satisfactory, then the process described in 2.) and 3.) should be followed. With regard to any other matter not yet ripe for the formal process described here, initial contact should be with the Branch of Construction Wage Determinations. Write to: Branch of Construction Wage Determinations --, Wage and Hour Division U.S. Department of Labor i 200 Constitution Avenue, N.W. Washington, DC 20210 E �t 2.) If the answer to the question in 1.) is yes, then an interested party (those affected by the action) can request review and reconsideration from the Wage and Hour Administrator (See 29 CFR Part 1.8 and 29 CFR Part 7). Write to: Wage and Hour Administrator U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 The request should be accompanied by a full statement of the interested party's position and by any information (wage payment data, project description, area practice material, etc.) that the requestor considers relevant to the issue. 3.) If the decision of the Administrator is not favorable, an interested party may appeal directly to the Administrative Review Board (formerly the Wage Appeals Board). Write to: Administrative Review Board U.S. Department of Labor w 200 Constitution Avenue, N.W. Washington, DC 20210 ' 4.) All decisions by the Administrative Review Board are final. ------------------------------------- -------------------------- --------------------------------------------------------------- END OF GENERAL DECISION EXHIBIT B Prevailing Wage Rates Overtime Rate The rate for overtime (in excess of forty hours per week) shall be as required by the Fair Labor Standards Act. P _..I EXHIBIT C Prevailing Wage Rates Legal Holiday Rate The rate for legal holidays shall be as required by the Fair Labor Standards Act. I" SPECIFICATIONS I WATERLINES- AHEAD OF PAVING TECHNICAL SPECIFICATIONS bcity of ock TEXAS MAY 2010 0 F ....... ... JOHN TURP N I ........................ 0 96600 ENSVD.- AV AL WATER -LINES AHEAD OF PAVING TECHNI-CAL SPECIFICATIONS M city of lubbock TEXAS MAY 2010 TABLE OF CONTENTS WATER LINES AHEAD OF PAVING DIVISION 1 — GENERAL REQUIREMENTS 01010 Summary of Work....................................................................4 01011 Special Provisions and Conditions.................................................3 01019 Contract Considerations..............................................................1 01025 Measurement and Payment.........................................................1 01028 Change Order Procedures...........................................................3 01039 Coordination of Meetings...........................................................3 01140 Work Restrictions....................................................................3 01300 Submittal Procedures.................................................................4 01310 Progress Schedules..................................................................2 01322 Photographic Documentation......................................................2 01356 Storm Water Pollution Prevention Plan...........................................3 01400 Quality Requirements................................................................4 01410 Testing Laboratory Services........................................................3 01555 Barricades, Signs, and Traffic Handling..........................................1 01576 Waste Material Disposal............................................................2 01700 Contract Closeout.....................................................................3 DIVISION 2 — SITE WORK 02200 Demolition, Removal and Salvaging of Existing Material......................1 02221 Removing Existing Pavements......................................................2 02240 Dewatering.............................................................................3 02260 Excavation Support and Protection................................................2 02317 Excavation and Backfill for Utilities...............................................10 02320 Utility Backfill Materials..............................................................4 02511 Installation of Water Distribution System Components ...........................7 02665 Water Works Piping, Valves, and Fittings.........................................12 02741 Hot -Mix Asphalt Paving..............................................................13 DIVISION 3 — CONCRETE 03300 Cast -in -Place Concrete...............................................................13 DIVISION 15- MECHANICAL 015020 Insta —Valve.............................................................................4 SECTION 01010 SUMMARY OF WORK PART 1 - GENERAL" 1.1 SECTION INCLUDES A. Project Description. C. Permits and Licenses D. Project Schedule E. Warranty 1.2 RELATED SECTIONS A. Section MP — Mandatory Provisions B. Section GP — General Provisions. C. Section 01011 — Special Provisions. 1.3 PROJECT DESCRIPTION A. This Project involves a relocation of several crossings ranging from 6 to 12 inches with new pipe, jack and bore and encasement within the Texas Department of Transportation right of way. Major Work items on the Project include installation of approximately: B. 25-ft 6-in waterline, C. 55- ft of jack and bore 12-in encasement with 6-in waterline. D. 210 ft of 8-in waterline E. 225 ft of jack and bore 16-in encasement with 8 in waterline F. 120 ft of 12-in waterline G. 65 ft of jack and bore 24 in encasement with 12 in waterline. 1.4 PERMITS AND LICENCES A. Contractors shall submit copies of all permits, licenses and similar permissions obtained, and receipts for fees paid, to Engineer. List of such permits may include Storm water Pollution Prevention Plan, Traffic Control Plan, Work Permit in Right -of -Ways, and Fire Hydrant Meter Use Permit. 1.5 PROJECT SCHEDULE A. The Work of this Project shall be substantially completed within 60 calendar days from the date of the Notice to Proceed. There shall be $1000 per day -liquidated damages assessed for each day that exceeds the 60-day limit. B. Within five business day after the date of the Substantial Completion Certificate, the Engineer shall issue a Final Punch List of items to be corrected prior to Final Completion. Punch list items shall be complete within 30 calendar days from the date of the Final Punch List. There shall be $200 day liquidated damages assessed for each day that exceeds the 50 day limit. 1.6 WARRANTY A. Contractor shall warrant 100 percent of the project for one (1) year after the date of Substantial Completion Certificate. PART 2 — PRODUCTS Not Used PART 3 — EXECUTION Not Used END OF SECTION SECTION 01011 SPECIAL PROVISIONS PART 1-GENERAL 1.1 SUMMARY A. Section Includes: 1. Administrative and procedural requirements for: 1. Owner 2. Preconstruction Conference. 3. Project Sequence 4. Project Signs. 5. Contractor's Superintendent's Field Office. 6. Contractor Responsibilities 7. Project video. 8. Project photographs. 9. Water for Construction. 10. Historical and archeological finds. 11. Project Coordination. B. Related Sections include but not necessarily limited to: 1. Division I — General Requirements 1.2 OWNER A. Owner: City of Lubbock, 1625 131h Street, Lubbock, Texas 79457 a. Owner's Representative: Wood Franklin, P.E., City of Lubbock, P.O.Box 2000, Lubbock, Texas 79457 b. All correspondence, submittals, payment application shall be addressed to: John Turpin, P.E., P.O. Box 2000, Lubbock, Texas 79457 1.3 PRECONSTRUCTION CONFERENCE A. A Preconstruction Conference shall be held at time and place designated by the Owner. B. Contractor's Project Manager and Project Superintendent shall attend. 1.4 PROJECT SEQUENCE A. Contractor shall sequence construction as to minimize disruption of traffic and services. 1.5 PROJECT SIGNS A. Optional - Furnish and install project sign as approved by Owner. 1 B. Install in location approved by Owner. C. Signs not listed in these Specifications permitted only upon approval of Owner.. 1.6 CONTRACTOR'S SUPERINTENDENT'S FIELD OFFICE A. Optional — Contractor shall arrange for a site and all required utilities if a field office is desired. B. Remove field office from site upon acceptance of the entire work by the Owner. 1.7 CONTRACTOR'S RESPONSIBILITIES A. Contractor shall submit to Engineer copies of approved SWPPP, Traffic Control Plan, Alley Use Permit. B. Contractor shall be responsible for staking and surveying from Owner established control points as required to complete Work. C. Contractor shall restore any disturbed existing landscaping and irrigation systems to prior condition. D. Contractor shall enlist services of a Iicensed plumber to perform all private side plumbing beyond the meter as required by the most recent plumbing code. E. Contractor shall backfill and compact all excavations in accordance with the most recent Design and Construction Standard of the City of Lubbock. In place density test result shall be submitted to Engineer no later than two working days from the time the test was performed. F. As -Built or Record Drawings: 1. Contractor shall maintain a record of Contract Documents in a safe place on Site with written interpretation and clarifications in good order and annotated to show changes made during construction. 2. Upon completion of the Work, completed record documents shall be delivered to Engineer for Owner. G. Contractor shall be solely responsible for initiating, maintaining and supervising all safety precautions and programs in connections with the Work. H. Contractor shall designate a qualified and experienced safety representative at the Site whose duties and responsibilities shall be prevention of accidents and maintenance and supervision of safety precautions and programs. 1.8 PROJECT VIDEO A. With the company of an Owner's Representative, perform video recording along entire pipeline route prior to construction and upon final approval: B. Submit copies of each recording to Engineer. 1.9 PROJECT PHOTOGRAPHS A. At least twice each month during construction of Work, take at least 10 but not more than 20 progress photographs as directed by the Owner's Representative. Refer to Section 01322. L I 0 WATER FOR CONSTRUCTION A. Contractor shall pay deposit and secure fire hydrant meter from Owner for water. Refer to Section 01140 Paragraph 1.6 and Appendix A. 1.11 HISTORICAL AND ARCHEOLOGICAL A. If during the course of construction, evidence of deposits of historical or archeological interest is found, -the Contractor shall cease operations affecting the find and shall notify the Owner. 1.12 PROJECT COORDINATION: A. Contractor's shall coordinate work with the following agencies: CITY OF LUBBOCK Water Department - Inspection / Locate: Josh Flud, office # (806) 775-2345, cell # (806) 5484152 Emergency: Randy Rathael, office # (806) 775-2950, cell # (806) 458-4167 Water Meter -Relocation: Paul Nolen, office # (806)775-2747 Fire Hydrant Meter Permit: Tammy Vander Kuy, office # (806) 755-2989 Engineering: John Turpin, P.E., office # (806) 775-2342 Street Right -of -Way - Claud Kneisley, office # (806) 775-3156 Traffic Engineering - Shannon Owens, P.E., office # (806) 775-2134 Storm Water Engineering - Mike Keenum, P.E., office # (806)775-2393 LP&L- Locate: Greg Pillow, cell # (806) 777-0416 Emergency: (806) 775-2555 The following utilities are contacted through DIG-TESS 1-800-344-8377 ATMOS ENERGY Emergency # 1-800-692-4694 AT&T Emergency # 1-800-286-8313 XCEL Emergency # 1-800-895-1999 South Plains Electric Cooperative Emergency # 1-800-344-8377 PART 2 — PRODUCTS Not Used PART 3 — EXECUTION Not Used END OF SECTION SECTION 01019 CONTRACT CONSIDERATIONS PART 1— GENERAL 1.1 SECTION INCLUDES A. Schedule of Values B. Application for Payment 1.2 SCHEDULE OF VALUES A. Submit a printed schedule on Engineer approved Contractor's form or electronic media printout. B. Submit Schedule of Values in duplicate within five (5) days after receiving the bid tabulation. C. Revise schedule to list approved Change Orders, with each Application for Payment. 1.3 APPLICATIONS FOR PAYMENT A. Submit five (5) copies of each application on Engineer approved Contractor's form or electronic media printout. B. Content and Format: Utilize Schedule of Values for listing items in Application for Payment. C. Payment Period: Monthly, submit application for payment on or about the 10`h day of each month. Include an updated construction progress schedule, materials received, manifest and pay roll for the contract. D. Submit the following along with the application for final payment: a. The documentation for the completed project. b. Signed affidavit from a Notary Public that all claims on this job have been settled and that all bills owed by the Contractor for the project including materials and labor have been paid. c. Contractor warranties for this job shall be signed and sealed by a Notary Public. PART 2—PRODUCTS Not used PART 3 — EXECUTION Not used END OF SECTION SECTION 01025 MEASUREMENT AND PAYMENT PART 1— GENERAL A. The bid price on each item, as stated in the proposal, shall include furnishing all labor, superintendence, machinery, equipment, and materials necessary or incidental to complete the various items of work in accordance with the plans and specifications. Cost of work or materials shown -on the plans or called for in the specifications and for which no separate payment is made shall be included in the prices on the various items. 1.1 UNIT COST ITEMS Unit cost items, not otherwise included in this section to be paid for at unit cost per unit shall include all work and materials involved in the installation within the limits designated on the plans. Measurements shall be made in units shown on the Proposal Sheet. All work so included shall be installed, constructed or performed as shown on the drawings and/or specified. 1.2 LUMP SUM ITEMS Lump sum items to be paid for at a lump sum price per job shall include all work and materials involved in the installation within the limits designated on the plans. No measurement of the work or material included in such items will be made. All work s included shall be installed, constructed or perfomed as shown on the drawings and specified herein. 1.3 FINAL CLEANUP (INCIDENTAL COST TO ALL BID ITEMS) The Contractor shall make final cleanup of all parts of the work before final acceptance of the work by the Owner. This cleanup shall include, among other things, removing all construction material and in general preparing the site of the work in an orderly manner. The cost of cleanup shall be included as part of the cost of the various work items of work involved and no direct compensation will be made for this work. 1.4 UTILITY ADJUSTMENTS No separate payment will be made for utility adjustments. The cost of adjusting or repairing existing utilities shall be considered incidental to the applicable pay items. 1.5 SURVEYING Surveying for as builts must be done in both state plane coordinates and TxDOT-surface coordinates and will be paid for under the surveying pay item as one survey. These as - built shots will be taken daily by the contractor as the line is being laid. PART 2 — PRODUCTS Not used PART 3 — EXECUTION Not used END OF SECTION in SECTION 01028 CHANGE ORDER PROCEDURES PART 1— GENERAL 1.1 SECTION INCLUDES A. Submittals B. Documentation of change in Contract Sum/Price and Contract Time C. Change procedures D. Stipulated price change order E. Unit price change order F. Time and material change order G. Execution of change orders H. Correlation of Contractor submittals 1.2 RELATED SECTIONS A. Document — General Contract Conditions B. Section 01300 — Submittals: Work schedule C. Section 01700 — Contract Closeout 1.3 SUBMITTALS A. Submit name of the individual authorized to receive change documents, and be responsible for informing others in Contractor's employ or Subcontractors of changes to the Work. B. Change Order Forms. 1.4 DOCUMENTATION OF CHANGE IN CONTRACT SUM/PRICE AND CONTRACT TIME A. Maintain detailed records of work done on a time and material basis. Provide full information required for evaluation of proposed changes, and to substantiate costs of changes in the Work. B. Document each quotation for a change in a cost or time with sufficient data to allow evaluation of the quotation. C. On request, provide additional data to support computations: a. Quantities of products, labor, and equipment. b. Taxes, insurance, and bonds. c. Overhead and profit. d. Justification for any change in Contract Time. e. Credit for deletions from Contract, similarly documented. D. Support each claim for additional costs, and for work done on a time and material basis, with additional information: a. Origin and date of claim. b. Dates and times work was performed, and by whom. c. Time records and wage rates paid. Invoices and receipts for products, equipment, and subcontracts, similarly documented. 1.5 CHANGE PROCEDURES A. The Engineer will advise of minor changes in the Work not involving an adjustment to Contract Sum/Price or Contract Time as authorized by the Contract by issuing supplemental instructions by letter. B. The Engineer may issue a Proposal Request which includes a detailed description of a proposed change with supplementary or revised Drawings and specifications, achange in Contract Time for executing the change. The Contractor will prepare and submit an estimate within seven (7) days. C. The Contractor may propose a change by submitting a request for change to the Engineer, describing the proposed change and its full effect on the Work, with a statement describing the reason for the change, and the effect on the Contract Sum/Price and Contract Time with full documentation and a statement describing the effect on Work by separate or other contractors. 1.6 CONSTRUCTION CHANGE AUTHORIZATION A. The Engineer may issue a document, signed by the Owner, instructing the Contractor to proceed with a change in the Work, for subsequent inclusion in a Change Order. B. The document will describe changes in the Work, and will designate method of determining any change in Contract Sum/Price or Contract Time. C. Promptly execute the change in the Work. 1.7 STIPULATED PRICE CHANGE ORDER A. Based on Proposal Request and Contractor's maximum price quotation or Contractor's request for a Change Order as approved by the Engineer. 1.8 UNIT PRICE CHANGE ORDER A. For pre -determined unit prices and quantities, the Change Order will be executed on a fixed unit price basis. B. For unit costs or quantities of units of work which are not pre -determined, execute Work under a Construction Change Authorization. C. Changes in Contract Sum/Price or Contract Time will be computed as specified for Time and Material Change Order. 1.9 TIME AND MATERIAL CHANGE ORDER A. Submit itemized account and supporting data after completion of change, within time limits indicated in the Conditions of the Contract. B. The Engineer will determine the change allowable in Contract Sum/Price and Contract Time as provided in the Contract Documents. C. Maintain detailed records of work done on Time and Material basis. D. Provide full information required for evaluation of proposed changes, and to substantiate costs for changes in the Work. 1.10 EXECUTION OF CHANGE ORDERS i_ A. Execution of Change Order: The Engineer will issue Change Orders for signatures of parties as provided in the Conditions of the Contract. 1.11 CORRELATION OF CONTRACTOR SUBMITTALS A. Promptly revise Schedule of ValuesandApplication for Payment forms to records each authorized Change Order as a separate line item and adjust the Contract Sum/Price. B. Promptly revise progress schedules to reflect any change in Contract Time, revise sub -schedules to adjust time for other items of work affected by the change, and resubmit. C. Promptly enter changes in Project Record Documents. PART 2—PRODUCTS Not used PART 3 — EXECUTION Not used END OF SECTION SECTION 01039 COORDINATION AND MEETINGS PART 1 — GENERAL 1.1 RELATED DOCUMENTS A. Drawings: General Instructions to Bidders, General Conditions of the Agreement, Special Provisions and Division 1 — General Requirements apply to Work of this Section. 1.2 SECTION INCLUDES A. Coordination B. Fieldengineering C. Preconstruction meeting D. Progress meetings E. Preinstallation meetings F. Cutting and patching 1.3 COORDINATION A. Coordinate scheduling, submittals, and Work of the various Sections of the Project to assure efficient and orderly sequence of installation of interdependent construction elements, with provisions for accommodating items installed later. B. Coordinate completion and cleanup of Work of separate Sections in preparation for Substantial Completion. C. After Owner occupancy of premises, coordinate access to site for correction of defective Work and Work not in accordance with Contract Documents, to minimize disruption of Owner's activities. 1.4 FIELD ENGINEERING A. Locate and protect survey -control -and reference points. B. Verify set -backs and easements, confirm drawing dimensions, and elevations. C. Provide field engineering services. Establish elevations, lines, and levels, utilizing recognized engineering survey practices. D. Submit a copy of registered site drawing and certificate signed by the Land Surveyor that the elevations and locations of the Work are in conformance with the Contract Documents. 1.5 PRECONSTRUCTION MEETING A. The Engineer will schedule a meeting after a Notice to Proceed. B. Procedures and processing of field decisions, submittals, and substitutions, applications for payments, proposal request, Change Orders and Contract closeout procedures. C. Agenda: ,€ a. Use of premises by Owner and Contractor. b. Distribution of executed Contract Documents. c. Submission of list of Subcontractors, list of products and progress schedule. d. Designation of personnel representing the parties in Contract and the Engineer. e. Owner's requirements. f. Construction facilities and controls provided by Owner. g. Survey and layout. h. Security and housekeeping procedures. i. Schedules. j. Procedures for testing. k. Procedures for maintaining record documents. M 1. Inspection and acceptance of products put into service during construction period. D. Record minutes and distribute copies within five (5) days after meeting to 3 participants and those affected by decisions made. - 1.6 PROGRESS MEETINGS A. Schedule and administer meetings throughout progress of the Work at minimum monthly intervals. B. Make arrangements for meetings, prepare agenda with copies for participants, and preside at meetings. C. Attendance Required: Job superintendent, major Subcontractors and suppliers, Engineer, as appropriate to agenda topics for each meeting. D. Agenda a. Review minutes of previous meetings. b. Review of Work progress. c. Field observations, problems, and decisions. d. Identification of problems which impede planned progress. e. Review of submittals schedule and status of submittals. f. Review of off -site fabrication and delivery schedules. g. Maintenance of progress schedule. h. Corrective measures to regain projected schedules. i. Planned progress during succeeding work period. j. Coordination of projected progress. k. Maintenance of quality and work standards. 1. Effect of proposed changes on progress schedule and coordination. in. Other business related to Work. E. Record minutes and distribute copies within five (5) days to Engineer, participants, and those affected by decisions made. PART 2 — PRODUCTS Not used PART 3 — EXECUTION 3.1 EXAMINATION A. Verify --that existing site conditions and substrate surfaces are acceptable for subsequent Work. Beginning new Work means acceptance of existing conditions. B. Examine_and_verify_.specific conditions described in individual specification sections. C. Verify that utility services are available, of the correct characteristics, and in the correct location. 3.2 PREPARATION A. Clean substrate surfaces prior to applying next material or substance. B. Sea] cracks or openings of substrate prior to applying next material or substance. C. Apply any manufacturer required or recommended substrate primer, sealer, or conditioner prior to applying any new material or substance in contact or bond. 3.3 CUTTING AND PATCHING A. Employ skilled and experienced installer to perform cutting and patching. B. Submit written request in advance of cutting or altering elements which affects: a. Structural integrity of element b. Integrity of weather -exposed or moisture -resistant elements c. Efficiency, maintenance, or safety element d. Visual qualities of sight -exposed elements e. Work of Owner or separate contractor. C. Execute cutting, fitting, and patching, including excavation and fill, to complete Work, and to a. Fit the several parts together, to integrate with other Work b. Uncover Work to install or correct ill-timed Work c. Remove and replace defective and non -conforming Work d. Remove samples of installed Work for testing D. Execute work by methods which will avoid damage to other Work, and provide surfaces to receive patching and finishing. E. Cut rigid materials using masonry saw or core drill. F. Restore Work with new products in accordance with requirements of Contract Documents. G. Fit Work tight to pipes, sleeves, ducts, conduit, and other penetrations through surfaces. H. Refinish surfaces to match adjacent finishes. I. Identify any hazardous condition exposed during the Work to the Engineer for decision or remedy. END OF SECTION SECTION 01140 WORK RESTRICTIONS PART 1— GENERAL 1.7 SECTION INCLUDES G. Use or premises H. Special scheduling requirements I. Working period J. Water for construction 1.8 RELATED DOCUMENTS D. Drawings and general provisions of the Contract, including General Conditions and other Division 1 Specification Sections, apply to this Section. 1.9 USE OF PREMISES E. Use of site: Limit use of premises to work in areas indicated. Do not disturb portions of site beyond areas in which the Work is indicated. a. Limits: Confine construction operations to within the limits of the construction easement or right-of-way as shown on plans. b. Driveways and Entrances: Keep driveways and entrances serving premises clear and available to employees and emergency vehicles at all times, except when construction is immediately at that vicinity. Do not use these areas for parking or storage of materials. i. Schedule construction to minimize obstruction of driveways and entrances. ii. Provide commercial and industrial occupants with at least one (1) driveway suitable for traffic in and out of the location when obstructions are inevitable. 1.10 SPECIAL SCHEDULING REQUIREMENTS E. Have materials, equipment, and personnel required to performthework at the site prior to the commencement of the Work. F. Permission to interrupt a utility service shall be requested in writing a minimum of fourteen (14) calendar days prior to the desired date of interruption. G. The work under this contract requires special attention to the scheduling and conduct of the work in connection with the existing operations. Identify on the construction schedule each factor which constitutes a potential interruption to operations. 1.11 WORKING PERIOD F. Working Hours: Regular working hours shall be within a thirteen (13) hour period between 7:00 a.m. and 8:00 p.m., Monday through Friday. Work on Saturdays -and Sundays must be authorized by the Engineer as noted in paragraph i- 1.5.13. The Owner reserves the right, at the Owner's discretion, to disallow work when it interferes with holiday times and traffic. No work shall be performed on the following holiday periods or days: a. New Year's Day b. Good Friday Holiday c. Memorial Day Holiday d. Independence Day Holiday e. Labor Day Holiday f. Thanksgiving Day Holiday plus the day before and the three days following A Thanksgiving Day. g. Christmas Week. If Christmas Day falls on Saturday, this will be defined as the week leading to Christmas Day. If Christmas Day falls on Sunday, this will be defined as the week following Christmas Day plus the Friday and ' Saturday prior to Christmas Day. G. Work outside Regular Hours: Work outside regular working hours requires the Engineer's approval. Make application three (3) calendar days prior to such work to allow arrangements to be made by the Engineer for inspecting the work in progress, giving the specific dates, hours, location, type of work to be i performed, contract number, project title, and state that the Contractor agrees to pay the City for the related personnel expenses including salary, overtime, and benefits. Based on the justification provided, the Engineer may approve work outside regular hours. During periods of darkness, the different parts of the work j shall be lighted in a manner approved by the Engineer. Lighting shall be such that it does not cause nuisance conditions. 1.12 WATER FOR CONSTRUCTION A. Obtaining Fire Hydrant Meter for construction is the Contractor's responsibility. B. Owner shall pay for water used by Contractor for construction purposes. C. Water is available from the potable water system of the City of Lubbock for construction purposes. The Contractor shall make such arrangements directly with the City of Lubbock Water Utilities Department. D. This section does not preclude the Contractor from seeking other water sources for use in construction. Such water resources shall meet the purity requirements for the intended use. PART2—PRODUCTS Not used PART 3 — EXECUTION 3.4 Not Used END OF SECTION SECTION 01300 SUBMITTAL PROCEDURES PART 1— GENERAL 1.1 SECTION INCLUDES A. Submittal procedures B. Constructionprogressschedules C. Proposed products list D. Shop drawings E. Product data F. Samples G. Manufacturers' instructions H. Manufacturers' certificates I. Construction photographs 1.2 RELATED SECTIONS A. Section 01700 — Contract Closeout 1.3 SUBMITTAL PROCEDURES A. Transmit each submittal with Contractor's standard transmittal letter including Contractor's name, address, and phone number. B. Identify Project, Contractor, Subcontractors or Suppliers; pertinent Drawings sheet and detail number(s), and specification Section number, as appropriate. C. Schedule submittals to expedite the Project, and deliver to Engineer at his business address. Coordinate submission of related items. a. The Owner and Engineer reserve the right to withhold action on a submittal requiring coordination with other submittals until related submittals are received. D. Allow enough time for submittal review, including time for resubmittals, as follows. Time for review shall commence on the Owner or Engineer's receipt of submittal. a. Allow fifteen (15) days for initial review of each submittal. Allow additional time if processing must be delayed to permit coordination with subsequent submittals. The Owner or Engineer will advise the Contractor when a submittal being processed must be delayed for coordination. b. If more than five (5) submittals are transmitted for review within any five (5) day period, the time allowed for review will be increased to twenty-one (21) days. c. Where concurrent review of submittals by the Engineer, Owner, or other parties is required, allow twenty-one (21) days for initial review of each submittal. d. If intermediate submittal is necessary, process it in same manner as initial submittal. Allow fifteen (15) days for processing each resubmittal. Each-resubmittal will count toward the submittal count in a five (5) day period in paragraph 1.3.D.b above. f. No extension of the Contract Time will be authorized because of failure to transmit submittals sufficiently in advance of the Work to permit processing. E. Identify variations from Contract Documents and Product or system limitations which may be detrimental to successful performance of the completed Work. F. Provide space for Contractor and Engineer review stamps. G. Revise and resubmit submittals as required, identify all changes made since previous submittal. H. Distribute copies of reviewed submittals to concerned parties. Instruct- parties to promptly report any inability to comply with provisions. I. Use only final submittals with mark indicating action taken by Owner or Engineer in connection with the construction. J. Submittals not requested will not be recognized or processed. 1.4 RESUBMITTAL REQUIREMENTS A. Revise initial submittal as required and resubmit to meet requirements as specified. B. Mark as RESUBMITTAL. C. Re -use original transmittal number and supplement with sequential alphabetical suffix for each re -submittal. PART 2 — PRODUCTS 2.1 ACTION SUBMITTALS A. General: Prepare and submit Action Submittals required by individual Specification Sections. a. Number of Copies: Submit three (3) copies of each submittal, unless otherwise indicated. The three (3) copies will be retained by the Owner or Engineer. Any additional copies that the Contractor may need for his operations will be in addition to the three (3) copies required. B. Proposed Products List a. Within fifteen (15) days after date of Notice to Proceed, submit complete list of major products proposed for use, with name of manufacturer, trade name, i and model or catalog designation, and reference standards. b. For products specified only by reference standards, give manufacturer, trade name, model or catalog designation, and reference standards. C. Product Data: Collect information into a single submittal for each element of construction and type of product or equipment. a. Mark each copy to identify applicable products, models, options, and other data. Supplement manufacturers' standard data to provide information unique to this Project. b. Include recommendations for application and use, compliance with specified standards of trade associations and testing agencies. c. Include notation of special coordination requirements for interfacing with adjacent work. f: is I d. After review, distribute in accordance with Article on Procedures above and provide copies for Record Documents described -in Section 01700 — Contract Closeout. D. Samples: Prepare physical units of materials or products, including the following: a. Submit samples to illustrate functional and aesthetic characteristics of the t Product, with integral parts and attachment devices. Coordinate sample submittals for interfacing work. b. Submit samples of finishes from the full range of manufacturers' standard colors or in custom colors, textures, and patterns, as specified, for Engineer's -- selection. c. Where variations in color, pattern, or texture are inherent in the material or product, submit multiple samples to indicate the approximate range or variations. d. Include full Project information and identification of manufacturer, model number, type, style, and color on each sample. e. Submit the number of copies or samples specified in individual specification Sections; one of which will be retained by the Engineer. f. Reviewed samples which may be used in the Work are indicated in individual specification Sections. 2.2 INFORMATION SUBMITTALS A. Manufacturer's Instructions: a. When specified in individual specification Sections, submit manufacturers' printed instructions for delivery, storage, assembly, installation, start-up, adjusting, and finishing, in quantities specified for Product Data. b. Identify conflicts between manufacturers' instructions and Contract Documents. c. Indicate special procedures, conditions requiring special attention and special environmental criteria required for application or installation. B. Manufacturer's Certificates a. When specified in individual specification Sections, submit manufacturers' certificate to Engineer for review, in quantities specified for Product Data. b. Indicate material or product conforms to or exceeds specified requirements. Submit supporting reference date, affidavits, and certifications as appropriate. c. Certificates may be recent or previous test results on material or Product, but must be acceptable to the Engineer. C. Insurance Certificates and Bonds: Prepare written information indicating current status of insurance or bonding coverage. Include name of entity cover by insurance or bond, limits of coverage, amounts of deductibles, if any, and term of the coverage. PART 3 — EXECUTION 3.1 CONTRACTOR'S REVIEW A. Review each submittal and check for compliance with the Contract Documents. Note corrections and field dimensions. Mark with approval stamp before submitting to the Owner or Engineer. B. Approval Stamp: Stamp each submittal with a uniform approval stamp. Include Project name and location, submittal number, Specification Section title and number, name of reviewer, date of Contractor's approval, and statement certifying that the submittal has been reviewed, checked, and approved_for compliance with the Contract Documents. 3.2 OWNER AND ENGINEER'S ACTION A. General: The Owner or Engineer will not review submittals that do not bear the Contractor's approval stamp and will return them without action. B. Action Submittals: The Owner or Engineer will review each submittal, make marks to indicate corrections or modifications required, and return it. The Owner or Engineer will stamp each submittal with an action stamp and will mark stamp appropriately to indicate action taken, as follows: a. No exception taken b. Make correction noted c. Revise and resubmit d. Rejected e. The submittal stamp by the Owner or Engineer will also contain the following: i. Checking is only for general conformance with the design concept of the project and general compliance with the information given in the Contract Documents. Any action shown is subject to the requirements of the plans and specifications. The Contractor is responsible for confirming and correlating all quantities and dimensions; selecting fabrication processes and techniques of construction; and performing the Work in a satisfactory manner. C. Informational Submittals: The Owner or Engineer will review each submittal and will not return it, or will reject and return it if it does not comply with the requirements. END OF SECTION SECTION-01310 PROGRESS SCHEDULES PART 1 — GENERAL 1.13 SECTION INCLUDES K. Format L. Content M. Revisions to schedules N. Submittals 1.14 RELATED SECTIONS E. Section 0 10 10 — Summary of Work F. Section 01019 — Contract Considerations G. Section 01300 — Submittal Process 1.15 FORMAT F. Sequence of Listings: The chronological order of the start of each item of Work. G. Scale and Spacing: To provide space for notations and revisions. H. Sheet Size: Minimum 8 1/2 x 1 I inches I. Submit only if requested by the Engineer or Owner at preconstruction or partnering conference. J. Maintain monthly updates to schedule. 1.16 CONTENT H. Show complete sequence of construction by activity, with dates for beginning and completion of each element of construction. a. Identify each item by specification Section number. b. Provide sub -schedules to define critical portions of the entire Schedule. c. Show accumulated percentage of completion of each item, and total percentage of Work completed, as of the first day of each month. d. Provide separate schedule of submittal dates for shop drawings, product data, samples, and dates reviewed submittals will be required from the Engineer. Indicate decision date for selection of finishes. 1.17 REVISIONS TO SCHEDULES H. Indicate progress of each activity to date of submittal, and projected completion date of each activity. I. Identify activities modified since previous submittal, major changes in scope, and other identifiable changes. J. Provide narrative report to define problem areas, anticipated delays, and impact on Schedule. Report corrective action taken, or proposed, and its effect. 1.18 SUBMITTALS A. Submit initial Schedules within ten (10) days after date established in Notice to Proceed. After review, resubmit required revised data within ten (10) days. B. Submit revised Progress Schedules with each Application for Payment. C. Submit the number of opaque reproductions which the Contractor requires, plus two (2) copies which will be retained by the Engineer. 1.19 DISTRIBUTION A. Distribute copies of reviewed Schedules to project site file, Subcontractors, suppliers, and other concerned parties. B. Instruct recipients to promptly report, in writing, problems anticipated by projections indicated in Schedules. PART 2 — PRODUCTS Not used PART 3 — EXECUTION Not used END OF SECTION SECTION 01322 PHOTOGRAPHIC DOCUMENTATION PART 1 — GENERAL 1.20 SECTION INCLUDES O. This section includes administrative and procedural requirements for the following: a. Preconstruction photographs b. Periodic construction photographs P. Related Sections include the following: a. Division 1 Section "Unit Prices" for procedures for unit prices for extra photographs. b. Division 1 Section "Submittal Procedures" for submitting construction photographs. 1.21 RELATED DOCUMENTS H. Drawings and general provisions of the Contract, including General Conditions and other Division 1 Specification Sections, apply to this Section. 1.22 SUBMITTALS. K. Submit three (3) complete sets of preconstruction photographs to the Engineer. The Owner and the Engineer will retain all three (3) sets. a. Identification: On back of each print provide an applied label or rubber- stamped impression with the following information: i. Name of Project ii. Name and address of photographer iii. Name of Engineer iv. Name of Contractor v. Date photograph was taken vi. Description of vantage point, indicating location, direction (by compass point), and elevation or story of construction. b. Digital Images: Submit a complete set of digital image electronic files with each submittal of prints. Identify electronic media with date photographs were taken. Submit images that have the same aspect ratio as the sensor, uncropped. PART 2 — PRODUCTS Not used PART 3 — EXECUTION 3.5 PHOTOGRAPHS, GENERAL IM D. Field -Office Prints: Retain one set of prints of preconstruction photographs in the field office at the Project site, available at all times for reference. Identify photographs the same as those submitted to the Engineer. CONSTRUCTION PHOTOGRAPHS A. Preconstruction Photographs: Before starting construction, take color photographs of Project site and surrounding properties from different vantage points, or as directed by the Engineer. a. Take photographs to show existing conditions adjacent to the property before starting the Work. b. Take photographs of existing structures either on or adjoining the property to accurately record the physical conditions at the start of construction. B. Periodic Construction Photographs: As needed to document damage either directly related to or inadvertently related to the Contractor's operations, photograph the area in question and provide to the Engineer. END OF SECTION SECTION 01356 STORM WATER POLLUTION PREVENTION MEASURES PART 1 — GENERAL 1.1 GENERAL A. The Contractor shall implement, maintain, and update the Storm Water Pollution Prevention measures specified in the Storm Water Pollution Prevention Plan (SWP3) in a manner, which will meet the requirements of the Texas Pollution Discharge Elimination System (TPDES) General Permit No.TXR150000. The Contractor shall be responsible for any fines or penalties assessed by the appropriate regulatory agency for failure to make required inspections, failure to properly document those inspections, failure to adequately implement and adjust the storm water pollution prevention measures specified in the SWP3 to adequately control pollutants, and/or any other fines or penalties assess by TCEQ or the EPA for failure to comply with any part of the permit requirements. The Contractor shall submit a Notice of Intent and a Notice of Termination independently of the Owner. B. Fines leveled against the Owner by the TCEQ or the EPA for the Contractor's failure to comply with and maintain the SWP3 shall be paid by the Contractor. PART 2 — PRODUCTS Not Used PART 3 — EXECUTION 3.1 STORM WATER POLLUTION PREVENTION PLAN A. Storm Water Pollution Prevention Plan will be provided by the Contractor as required. Contractor must keep a copy of the SWP3 onsiteat all times. END OF SECTION SECTION 01400 QUALITY REQUIREMENTS PART 1 — GENERAL 1.2 SUMMARY C. This Section includes administrative and procedural requirements for quality assuranceandquality control. D. Testing and inspecting services are required to verify compliance with requirements specified or indicated. These services do not relieve the Contractor of responsibility for compliance with the Contract Document requirements. a. Specific quality control requirements for individual construction activities are specified in the sections that specify those activities. Requirements in those Sections may also cover production of standard products. b. Specified tests, inspections, and related actions do no limit the Contractor's quality control procedures that facilitate compliance with the Contract Document requirements. 1.3 RELATED DOCUMENTS A. Drawings and general provisions of the Contract, including General Conditions and other Division 1 specification Sections, apply to this section. 1.4 DEFINITIONS A. Quality Assurance Services: Activities, actions, and procedures performed before and during execution of the Work to guard against defects and deficiencies and ensure that proposed construction complied with requirements. B. Quality Control Services: Test, inspections, procedures, and related actions during and after execution of the Work to evaluate that completed construction complies with requirements. 1.5 SUBMITTALS A. Qualification Data: For individuals employed by the Contractor who will perform testing as required by the drawings, submit at least fourteen (14) days prior to being used on the project the capabilities and experience of such individuals and the types of tests that the individual will perform. For outside testing agency employed by the Contractor, submit at least fourteen (14) days prior to being used on the project the name, address, and manager of such testing agency and the types of tests that the agency will perform. Such testing agency shall be acceptable to the Owner prior to being used on the project. B. Reports: Prepare and submit written reports within fourteen (14) days following the date of the test that include the following: a. Date of issue b. Project title and number. c. Name, -address, and telephone number of testing agency. If the individual is employed by the Contractor, use Contractor's name, address, and telephone number. d. Dates and locations of samples and test e. Names of individuals making tests f. Description of the work and test method g. Identification of material, product, and specification Section. h. Complete test or inspection data i. Test results and interpretation of test results j. Ambient conditions at time of sample taking and testing. k. Comments and opinion on whether tested Work complied with the Contract Document requirements and the applicable specification Section. 1. Name and signature of individual performing the test if employee of the Contractor, or name and signature of testing agency responsible person. in. For failing tests, recommendations on retesting unless specification Sections provide procedure for retesting. C. Test Agency Qualifications: An agency with the experience and capability to conduct testing indicated, as documented by ASTM E 548, and that has the capability and experience in the types of tests to be performed. D. Testing Agency Responsibilities: Submit certified written report of each test and similar Quality Assurance service to the Contractor. 1.6 QUALITY CONTROL A. Contractor Responsibilities: Provide quality control services required in the various specification Sections. a. Where third party testing is engaged by the Contractor, notify testing agency sufficiently in advance of the time and date when work that requires testing will be performed. b. Testing requested by the Contractor and not required by the Contract Documents are the Contractor's responsibility. B. Retesting: Regardless of whether original tests were the Contractor's responsibility, provide quality control services, including retesting, for construction that revised or replaced work that failed to comply with requirements established by the Contract Documents. C. Testing Agency Responsibilities: Cooperate with the Engineer and Contractor in performance of duties. Provide qualified personnel and necessary equipment to perform required tests and inspections. a. Notify the Engineer or Contractor promptly of irregularities or deficiencies observed in the work during performance of its services. b. Submit a certified written report, in triplicate, of each test, inspection, and similar quality control service through the Contactor. c. Do not release, revoke, alter, or increase requirements of the Contract Documents or approve or accept and portion of the Work. d. Do not perform any duties of the Contractor. D. Associated Services: Cooperate with agencies performing required tests, inspections, and similar quality control services, and provide reasonable auxiliary services as requested. Notify agency sufficiently in advance or operations to permit assignment of personnel. Provide the following: a. Access to the Work. b. Incidental labor and facilities necessary to facilitate tests and inspections. t i_ c. Adequate quantities of representative samples -of -materials that -require testing and inspecting. Assist agency in obtaining samples. d. Facilities for storage and field curing of test samples. e. Additional associated services required of the Contractor for testing access are listed in the specification Sections. f. Delivery of samples to testing agencies. g. Preliminary design mix proposed for use for material mixes that require control by testing agency. h. Security and protection for samples and for testing and inspecting equipment at Project site. E. Coordination: Coordinate sequence of activities to accommodate required quality assurance and quality control services with a minimum of delay and to avoid necessity of removing and replacing construction to accommodate testing and inspecting. a. Schedule times for tests, inspections, obtaining samples, and similar activities. PART 2 — PRODUCTS Not used PART 3 — EXECUTION 3.2 REPAIR AND PROTECTION B. General: On completion of testing, inspecting, sample taking, and similar services, repair damaged construction, and restore substrates and finishes. a. Provide materials and comply with installation requirements specified on drawings. Restore patched areas and extend restoration into adjoining areas in a manner that eliminates evidence of patching. C. Protect construction exposed by or for quality control service activities. D. Repair and protection are the Contractor's responsibility, regardless of the assignment of responsibility for quality control services. END OF SECTION I SECTION 01410 TESTING LABORATORY SERVICES PART 1— GENERAL 1.1 RELATED DOCUMENTS A. Drawings, General Instructions to Bidders, General Conditions of the Agreement, Special Provisions and Division I — General Requirements apply to Work of this Section 1.2 SECTION INCLUDES A. Selection and payment B. Contractor submittals C. Laboratory responsibilities D. Laboratory reports E. Limits on testing laboratory authority F. Contractor responsibilities 1.3 RELATED SECTIONS A. Section 01300 — Submittals B. Section 01700 — Contract Closeout C. Individual Specification Sections: Inspection, tests, and standards for testing are required. 1.4 REFERENCES A. ANSUASTM D3740 — Practice for Evaluation of Agencies Engaged in Testing and/or Inspection of Soil and Rock as Used in Engineering Design and Construction. B. ANSUASTM E329 — Recommended Practice for Inspection and Testing Agencies for Concrete, Steel, and Bituminous Materials as Used in Construction. 1.5 SELECTION AND PAYMENT A. An independent firm, provided at the Contractor's expense, will perform ( inspection, tests, and other services specified in individual specification Sections and as required by the Engineer. B. Reports will be submitted by the independent firm to the Engineer, in triplicate, t ' indicating observations and results of tests and indicating compliance or non- compliance with Contract Documents. C. Cooperate with independent firm; furnish samples of materials, design mix, equipment, tools, storage, safe access, and assistance by incidental labor as requested. a. Notify the Engineer and independent firm forty-eight (48) hours prior to expected time for operations requiring services. b. Make -arrangements -with -independent firm and pay for additional samples and tests required for Contractor's use. D. Testing or inspecting does not relieve Contractor from performing Work to contract requirements. E. The cost associated with compliance testing shall be paid by the Contractor. Re- -testing -required because of non-conformance to specified requirements shall be performed by the same independent firm on instructions by the Engineer. Payment for re -testing will be paid by the Contractor. 1.6 QUALITY ASSURANCE A. Comply with requirements of ANSUASTM E329 and ANSUASTM D3740R. B. Laboratory Staff: Maintain a full time registered Engineer on staff to review services. C. Testing Equipment: Calibrated at reasonable intervals with devices of an accuracy traceable to either National Bureau of Standards (NBS) standards or accepted values of natural physical constants. 1.7 LABORATORY RESPONSIBILITIES A. Test samples of mixes submitted by Contractor. B. Provide qualified personnel at site. Cooperate with the Engineer and Contractor in performance of services. C. Perform specified inspection, sampling, and testing of Products in accordance with specified standards. D. Ascertain compliance of materials and mixes with requirements of Contract Documents. E. Promptly notify Engineer and Contractor of observed irregularities or non- conformance of Work or Products. F. Perform additional inspections and tests required by the Engineer. 1.8 LABORATORY REPORTS A. After each inspection and test, promptly submit three (3) copies of laboratory report to the Engineer and to the Contractor. B. Include: a. Date issued b. Project title and number c. Name of inspector d. Date and time of sampling or inspection e. Identification of product and Specification Section f. Location in the Project g. Type of inspection or test h. Date of test i. Results of tests j. Conformance with Contract Documents C. When requested by the Engineer, provide interpretation of test results. 1.9 LIMITS ON TESTING LABORATORY- AUTHORITY A. Laboratory may not release, revoke, alter, or enlarge on requirements of Contract Documents. B. Laboratory may not approve or accept any portion of the Work. C. Laboratory may not assume -any -duties -of -the Contractor. D. Laboratory has no authority to stop the Work. 1.10 CONTRACTOR RESPONSIBILITIES A. Deliver to laboratory at designated location, adequate_ samples of materials proposed to be used which require testing, along with proposed mix designs. B. Cooperate with laboratory personnel, and provide access to the Work. C. Provide incidental labor and facilities to provide access to Work to be tested, to obtain and handle samples at the site or at source of products to be tested, to facilitate tests and inspections, storage and curing of test samples. D. Notify the Engineer and laboratory 24 hours prior to --expected time for operations requiring inspection and testing services. 1.11 SCHEDULE OF INSPECTIONS AND TESTS A. As indicated in individual Specification Sections. PART 2 — PRODUCTS Not used PART 3 — EXECUTION Not used END OF SECTION SECTION 01555 BARRICADES, SIGNS, AND TRAFFIC HANDLING PART 1—GENERAL 1.1 DESCRIPTION A. This item shall govern for providing, installing, moving, replacing, maintaining, cleaning, and removing upon completion of work, all barricades, portable barriers, signs, portable changeable message signs, cones, lights, and other such type devices and of handling traffic as indicated on the plans or as directed by the Engineer or Owner. PART 2—PRODUCTS A. Construction Methods a. All barricades, signs, and other types of devices listed above shall conform to details shown on the plans or those indicated in the Texas Manual on Uniform Traffic Control Devices (TMUTCD). All traffic control devices shall be crashworthy according to the guidelines set forth in the National Cooperative Highway Research Program (NCHRP) Report 350. PART 3 — EXECUTION 3.1 GENERAL A. The Contractor shall propose his own Traffic Control Plan (TCP) as necessary for phased construction. Contractor -Proposed TCP shall be approved by the City of Lubbock Traffic Engineering. Prior to beginning work, the Contractor shall designate, in writing, a competent person who will be responsible and available on this project site or in the immediate area to insure compliance with the TCP. 3.2 MAINTENANCE A. All retroreflective traffic control devices such as barricades, vertical panels, signs, etc., shall be maintained by cleaning, replacing, or a combination thereof such that during darkness and rain the retroreflective characteristics shall equal or exceed the retroreflective characteristics of traffic industry standard reflective panels. END OF SECTION SECTION 01576 WASTE AND SALVAGE MATERIAL DISPOSAL PART 1 — GENERAL 1.12 SECTION INCLUDES A. Disposal of waste material and salvageable material. 1.13 RELATED SECTIONS A. Section 02050 — Removal, Demolition, and Salvage. 1.14 SUBMITTALS A. Obtain and submit disposal permits for proposed disposal sites if required by local ordinances. PART 2 — PRODUCTS Not used PART 3 — EXECUTION 3.1 SALVAGEABLE MATERIAL A. Salvageable Materials: Salvaged fire hydrants shall be palletized and delivered to the City of Lubbock Water Operations Salvage Yard, 402 Municipal Drive, Lubbock, Texas. B. Coordinate the delivery of salvaged material to above specified location with the Engineer. 3.2 EXCESS MATERIAL A. Vegetation, rubble, broken concrete, debris, asphaltic concrete pavement, excess soil, and other materials not designated for salvage, shall become -the property of the Contractor and shall be removed from the job site and legally disposed of at a proper facility such as the West Texas Region Disposal Facility (WTRDF). a. Excess material may be disposed at the WTRDF. There will be a tipping fee of $28.50 per ton for construction debris and for excess uncontaminated soil. For a complete list of fees associated with the WTRDF, please go to the City's website at http:Hsolidwaste.ci.lubbock.tx.us/disposal/disfees.htm. All tipping fees shall be considered to be included in the Contractor's bid prices in accordance with specification Section 01020. B. Waste materials shall be removed from the site on a daily basis, such that the site is maintained in a neat and orderly condition. END OF SECTION No Text SECTION 01700 CONTRACT CLOSEOUT PART 1— GENERAL 1.15 RELATED DOCUMENTS A. Drawings, General Instructions to Bidders, General Conditions of the Agreement, Special Provisions and Division 1 — General Requirements apply to Work of this Section. 1.16 SECTION INCLUDES B. Closeout procedures C. Final cleaning D. Project record documents E. Operations and maintenance data F. Warranties G. Spare parts and maintenance materials. 1.17 CLOSEOUT PROCEDURES B. Contractor shall submit written certification that Work is complete in accordance with Contract Documents and ready for Engineer's inspection. C. Engineer shall schedule Substantial Completion Inspection. D. Engineer shall prepare Punch List of items to be completed necessary for Final Completion. E. Contractor shall promptly remedy all deficiencies prior to Final Inspection and submit written notice when work is completed. 1.18 FINAL CLEANING A. Execute final cleaning prior to substantial completion inspection. B. Clean site; sweep paved areas, rake clean landscaped surfaces. C. Remove waste and surplus materials, rubbish, and construction facilities from the site. D. Repair, patch, and touch-up marred surfaces to match adjacent finishes. 1.19 PROJECT RECORD DOCUMENTS A. Maintain on site, one set of the following record documents; record actual revisions to the Work a. Contract Drawings b. Specifications c. Addenda d. Change Orders and other Modifications to the Contract e. Reviewed shop drawings, product data, and samples. B. Store Record Documents separate from documents used for construction. C. Record information concurrent with construction progress. r D. Specifications:- Legibly -mark -and -record at each Product section description of actual Products installed, including the following: a. Manufacturer's name and product model and number. ' b. Product substitutions or alternates utilized. c. Changes made by Addenda and Modifications. E. Record Documents and Shop Drawings: Legibly mark each item to record actual construction including: a. Measured horizontal and vertical locations of underground utilities and appurtenances referenced to permanent surface improvements. b. Field changes of dimension and detail. }} c. Details not on original Contract Drawings. 1 d. Changes made by Addenda and Modifications. F. Submit copies to the Engineer with claim for final Application for Payment. 9 1.20 WARRANTIES A. Provide duplicate notarized copies. B. Execute and assemble documents from Subcontractors, suppliers, and manufacturers. C. Provide Table of Contents and assemble with metal prong binder in durable plastic presentation cover. D. Submit prior to final Application for Payment. E. For items of Work delayed beyond date of Substantial Completion, provide updated submittal within ten (10) days after acceptance, listing date of acceptance as start of warranty period. 1.21 SPARE PARTS AND MAINTENANCE MATERIALS A. Provide products, spare parts, maintenance and extra materials in quantities specified in individual specification Sections. l.__ B. Deliver to project site and place in location as directed; obtain receipt prior to final payment. PART 2 — PRODUCTS Not used PART 3 — EXECUTION Not used END OF SECTION SECTION 02200 DEMOLITION, REMOVAL, AND SALVAGING OF EXISTING MATERIALS PART 1—GENERAL 1.22 GENERAL This item shall consist of demolition, removal, and salvage or disposal of certain portions of existing paving materials, including existing asphalt surfacing and base material and existing concrete_ median, in accordance with these specifications and -in -conformity with the dimensions and typical cross sections shown on the plans and with the lines and grades established for the project. 1.23 CLASSIFICATION AND PAYMENT Materials to be removed may consist of asphaltic concrete, caliche base, and concrete paving and shall be considered subsidiary to the pertinent bid items. No consideration shall be given to differences in thickness or volume of material for each material removed. All pavement of each type to be removed shall be considered as being the same and equal and no consideration shall be given to differences in thickness of material. PART 2 — PRODUCTS Not Used PART 3 — EXECUTION 3.1 GENERAL Where applicable, all lines separating pavement to be removed from that to remain in place shall be cut neatly and in a straight line, or shall be separated at an existing expansion or construction joint. Cuts shall be made by means of sawing or other methods approved by the Owner's Representative which will produce a satisfactory edge. In no case shall the line be cut with a motor grader blade. 3.2 REMOVING EXISTING ASPHALT SURFACING AND BASE MATERIAL All existing materials to be removed and disposed of under this item shall be removed by the Contractor, and shall be disposed of in appropriate disposal areas off the Owner's property. Removal operations shall be accomplished in such a manner to minimize disturbance of existing underlying courses and adjacent pavement structures or improvements to remain in place. Any underlying courses disturbed during removal operations shall be reworked, recompacted, and regarded to the satisfaction of the Engineer. Any damage to adjacent pavement structures or improvements to remain in lace shall be repaired to the satisfaction of the Engineer. END OF SECTION No Text SECTION 02221 REMOVING EXISTING PAVEMENTS PART 1 — GENERAL 1.24 SECTION INCLUDES H. This section of the specifications covers the removal of existing pavements. Included, but not limited to the following are: concrete paving, asphaltic -paving, concrete curb and/or gutter, and concrete sidewalks. 1.25 RELATED DOCUMENTS B. Drawings and general provisions of the Contract, including General and Special Conditions and other Division 1 Specification Sections, apply to this Section. C. Section 01576 — Waste Material Disposal D. Section 02317 — Excavation and Backfill for Utilities 1.26 REGULATORY REQUIREMENTS F. Conform to applicable codes for disposal of debris. Refer to Section 01576 — Waste Material Disposal. G. Coordinate removal work with utility companies. PART 2 — PRODUCTS Not used PART 3 — EXECUTION 3.3 PREPARATION C. Obtain advance approval from the Engineer for dimensions and limits of removal work. D. Identify known utilities below grade. Stake and flag locations. 3.4 PROTECTION C. Protect the following from damage or displacement: a. Adjacent public and private property. b. Trees, plants, and other landscape features designated to remain. c. Utilities not designated to be removed. d. Pavement and utility structures not designated to be removed. e. Benchmarks, monuments, and existing structures not designated to be removed. 3.5 REMOVALS A. Remove pavementsandstructures by methods that will not damage underground utilities. Do not use a drop hammer near existing underground utilities. B. Minimize amount of earth loaded during removal operations. C. Where existing pavement is to remain, make straight saw cuts in existing pavement to provide clean breaks prior to removal. Do not break concrete pavement or base with drop hammer. D. Where street and driveway saw cut locations coincide or fall within three (3) feet of existing construction -or expansion joints, break out to existing joint. E. Remove sidewalks and curbs to nearest existing dummy, expansion, or construction joint. F. Any existing concrete, which is damaged or destroyed beyond the neat lines so established, shall be replaced at the Contractor's expense. G. Remaining concrete shall be mortared to protect the reinforcing steel and provide a neat, clean appearance. 3.6 BACKFILL A. Backfill of removal zones shall be in accordance with requirements of Section 02317 — Excavation and Backfill for Utilities as applicable to the specific portion of the work. 3.7 DISPOSAL A. Remove from the site debris resulting from work under this section in accordance with requirements of Section 01576 — Waste Material Disposal. END OF SECTION SECTION 02240 DEWATERING PART 1 — GENERAL 1.27 RELATED DOCUMENTS I. Drawings and General Provisions of the Contract, including General Conditions and Division 1 Specifications, apply to this Section. 1.28 SUMMARY A. This Section includes construction dewatering. B. A geotechnical survey has not been performed at the site. This Section shall be applicable only if ground water begins to enter the trench. C. Related Sections include the following: a. Division 1 Section "Temporary Facilities and Controls" for temporary utilities and support facilities. b. Division 2 Section "Excavation Support and Protection". 1.29 PERFORMANCE REQUIREMENTS A. Dewatering Performance: Design, furnish, install, test, operate, monitor, and maintain dewatering system of sufficient scope, size, and capacity to control ground water flow into excavations and permit construction to proceed on dry, stable ground. a. Maintain dewatering operations to ensure erosion control, stability of excavations and constructed slopes, that excavation does not flood, and that damage to subgrades and permanent structures is prevented. b. Prevent surface water from entering excavations by grading, dikes, and other means. c. Remove dewater system if no longer needed. 1.30 SUBMITTALS E. Shop Drawings for Information: For dewatering system. Show arrangements, locations, and details of wells and well points; locations of headers and discharge lines; and means of discharge and disposal of water. a. Include layouts of piezometers and flow -measuring devices for monitoring performance of dewatering system. b. Include written report outlining control procedures to be adopted if dewatering problems arise. .,' F. Photographs or videotape, sufficiently detailed, of existing conditions of adjoining construction and site improvements that might be misconstrued as damage caused by dewatering operations. G. Record drawings at Project closeout identifying and locating capped utilities and other subsurface structural, electrical, or mechanical conditions performed during dewatering. a. Note locations and capping depthofwells and well points. H. Field Test Reports: Before starting -excavation, submit test results and computations demonstrating that dewatering system is capable of meeting performance requirements. 1.31 QUALITY ASSURANCE A. Regulatory Requirements: Comply with water disposal requirements of authorities having jurisdiction. 1.32 PROJECT CONDITIONS A. Existing Utilities: Do not interrupt utilities serving facilities occupied by Owner or others unless permitting in writing by the Engineer and then only after arranging to provide temporary utility services according to requirements indicated. B. Project Site Information: A geotechnical report has not been prepared for the Project area. a. The Contractor, at own expense, may make test borings and conduct other exploratory operations necessary for dewatering. C. Survey adjacent structures and improvements, employing a qualified professional engineer or land surveyor, establishing exact elevations at fixed points to act as benchmarks. Clearly identify benchmarks and record existing elevations. a. During dewatering, regularly resurvey benchmarks, maintaining an accurate log of surveyed elevations for comparison with original elevations. Promptly notify the Engineer if changes in elevations occur or if cracks, sags, or other damage is evident in adjacent construction. PART 2 — PRODUCTS Not used PART 3 — EXECUTION 3.3 PREPARATION A. Project structures, utilities, sidewalks, pavements, and other facilities from damage caused by settlement, lateral movement, undermining, washout, and other hazards created by dewatering operations. a. Prevent surface water and subsurface or ground water from entering excavations, ponding on prepared subgrades, and from flooding site and surrounding area. b. Protect subgrades and foundation soils from softening and damage by rain or water accumulation. 1 B. Install dewatering system to ensure minimum interference with roads, streets, k- walks, and other adjacent occupied and used facilities. a. Do not close or obstruct streets, walks, or other adjacent occupied or used f facilities without permission from Owner and authorities having jurisdiction. Provide alternate routes around closed or obstructed traffic ways if required by authorities having jurisdiction. �i 3.4 INSTALLATION A. Install dewatering system utilizing wells, well points, or similar methods complete with pump equipment, standby power and pumps, filter material gradation, valves, appurtenances, water disposal, and surface -water controls. B. Before excavating below ground water level, place system into operation to lower water to specified levels. Operate system continuously until drains, sewers, and structures have been constructed and fill materials have been placed, or until dewatering is no longer required. C. Provide and adequate system to lower and control ground water to permit excavation, construction of structures, and placement of fill materials on dry subgrades. Install sufficient dewatering equipment to drain water -bearing strata above and below bottom of foundations, drains, sewers, and other excavations. a. Do not permit open -sump pumping that leads to loss of fines, soil piping, subgrade softening, and slope stability. D. Reduce hydrostatic head in water -bearing strata below subgrade elevations of foundations, drains, sewers, and other excavations. a. Maintain piezometric water level a minimum of sixty (60) inches below surface of excavation. E. Dispose of water removed by dewatering in a manner that avoids endangering public health, property, and portions of work under construction or completed. Dispose of water in a manner that avoids inconvenience to others. Provide sumps, sedimentation tanks, and other flow -control devices as required by authorities having jurisdiction. F. Provide standby equipment on -site, installed and available for immediate operation, to maintain dewatering on continuous basis if any part of system becomes inadequate or fails. If dewatering requirements are not satisfied due to inadequacy or failure of dewatering system, restore damaged structures and foundation soils at no additional expense to Owner. a. Remove dewatering system from Project Site on completion of dewatering. Plug or fill well holes with sand or cut off and cap wells a minimum of thirty-six (36) inches below overlying construction. G. Damages: Promptly repair damages to adjacent facilities caused by dewatering operations. 3.5 OBSERVATION WELLS A. Provide, take measurements, and maintain at least the minimum number of observation wells or piezometers indicated and additional observation wells as may be required by authorities having jurisdiction. B. Observe and record daily elevation of ground water and piezometric water levels in observation wells. C. Repair or replace, within twenty-four (24) hours, observation wells that become inactive, damaged, or destroyed. Suspend construction activities in areas where observation wells are not functioning properly until reliable observations can be made. Add or remove water from observation well risers to demonstrate that observation wells are functioning properly. a. Fill observation wells, remove piezometers, and fill holes when dewatering is completed. END OF SECTION m SECTION 02260 EXCAVATION SUPPORT AND PROTECTION PART 1— GENERAL 1.33 RELATED DOCUMENTS Drawings and General Provisions of the Contract, including General and Supplementary Conditions and Division 1 Specifications, apply to this Section. 1.34 SUMMARY D. This Section includes temporary excavation support and protection systems. 1.35 PERFORMANCE REQUIREMENTS A. Design, furnish, install, monitor, and maintain excavation support and protection system capable of supporting excavation sidewalls and of resisting soil and hydrostatic pressure and superimposed and construction loads. a. Provide professional engineering services needed to assume engineering responsibility, including preparation of Shop Drawings and a comprehensive engineering analysis by a qualified Professional Engineer. b. Prevent surface water from entering excavations by grading, dikes, or other means. c. Install excavation support and protection systems without damaging existing buildings, pavements, and other improvements adjacent to excavation. 1.36 SUBMITTALS I. Submittals shall conform to requirements of Section 01300 — Submittal Procedures. J. Shop Drawings for Information: Prepared by or under the supervision of a qualified professional engineer for excavation support and protection systems. a. Include Shop Drawings signed and sealed by a Texas Licensed Professional Engineer responsible for their preparation. K. Qualification Data: For installer and professional engineer. L. Photographs or videotape, sufficiently detailed, of existing conditions of adjoining construction and site improvements that might be misconstrued as damage caused by the absence of, the installation of, or the performance of excavation support and protection systems. 1.37 PROJECT CONDITIONS D. Existing Utilities: Do not interrupt utilities serving facilities occupied by Owner or others unless permitted in writing by the Engineer and then only after arranging to provide temporary utility services according to requirements indicated. PART 2-PRODUCTS 2.1 MATERIALS A. General: Provide materials that are either new or in serviceable condition. B. Structural Steel: ASTM A36/A 36M, ASTM A690/A 690 M, ASTM A 992/ A 992M. C. Steel Sheet Piling: ASTM A 328/A 328M, ASTM A 572/ A 572M, or ASTM A690/ A 690M; with continuous interlocks. PARTS — EXECUTION 3.6 PREPARATION C. Project structures, utilities, sidewalks, pavements, and other facilities from damage caused by settlement, lateral movement, undermining, washout, and other hazards that could develop during excavation support and protection systems operations. a. Shore, support, and protect utilities encountered. D. Install excavation support and protection systems to ensure minimum interference with roads, streets, walks, and other adjacent occupied and used facilities. a. Do not close or obstruct streets, walks, or other adjacent occupied or used facilities without permission from Owner and authorities having jurisdiction Provide alternate routes around closed or obstructed traffic ways if required by authorities having jurisdiction. E. Locate excavation support and protection systems clear of permanent construction so that forming and finishing of concrete surfaces is not impeded. F. Monitor excavation support and protection systems daily during excavation progress and for as long as excavation remains open. Promptly correct bulges, breakage, or other evidence of movement to ensure that excavation support and protection systems remain stable. G. Promptly repair damages to adjacent facilities caused by installing excavation support and protection systems. 3.7 SHEET PILING H. Before starting excavation, install one-piece sheet piling lengths and tightly interlock to form a continuous barrier. Limit vertical offset of adjacent sheet piling to sixty (60) inches. Accurately align exposed faces of sheet piling to vary not more than two (2) inches from a horizontal line and not more than 1:120 out of vertical alignment. Cut tops of sheet piling to uniform elevation at top of excavation. 3.8 TRENCH BOXES D. Provide Engineer approved trench boxes sufficient for depth and width of open - cut trench. All exposed trench shall be protected. 3.9 -TRENCHING-PROCEDURES Provide shoring systems in accordance with the Contractor's submitted design to adequately resist earth pressures. A. Proceed with work in an orderly fashion. Install trench bracing systems as soon as possible after opening trenches. Do not allow workers in trench prior to installing trench bracing systems. B. Backfill trenches as soon as possible after completion of work. C. Stockpile excavated materials at three (3) feet away from edge of trench. D. Maintain barricades and signage as required by State and Local codes to protect open excavations. E. Do not allow surface water to enter excavations. Properly grade areas adjacent to trench excavations to control surface drainage away from excavations. F. If cut back method is allowed by Owner and is employed, maintain a clear distance of three (3) feet from edge of cut to avoid allowing loose material to enter trench. Cut back method may not be used where there is insufficient work area to employ it. G. Do not operate heavy equipment except for trench digging or pipe laying equipment within twenty (20) feet of edge of excavation. Haul trucks, if needed, may operate closer than twenty (20) feet to trench edge provided the Contractor deems it safe to do so. 3.10 REMOVAL AND REPAIRS A. Remove excavation support and protection systems when construction has progressed sufficiently to support excavation and bear soil and hydrostatic pressures. Remove in stages to avoid disturbing underlying soils or damaging structures, pavements, facilities, and utilities. END OF SECTION SECTION 02317 EXCAVATION AND BACKFILL FOR UTILITIES PART 1— GENERAL 1.38 SECTION INCLUDES K. This section of the specifications includes information on excavation, trenching, foundation, embedment, and backfill for installation of utilities, including manholes and -pipeline -structures. 1.39 RELATED SECTIONS E. Drawings and General Provisions of the Contract, including General and Supplementary Conditions and other Division 1 specification sections apply to this section. F. Section 01400 — Quality Requirements. G. Section 01555 — Barricades, Signs, and Traffic Handling. H. Section 02260 — Excavation Support and Protection. 1. Section 02320 — Utility Backfill Materials. J. Section 02741 - Hot -Mix Asphalt Paving K. Section 02665 — Water Works Piping, Valves, and Fittings. 1.40 DEFINITIONS B. Pipe Foundation — Suitable and stable native soils that are exposed at the trench subgrade after excavation to depth of bottom of the bedding as shown on the Drawings, or foundation backfill material placed and compacted in over - excavations. C. Pipe Bedding — The portion of trench backfill that extends vertically from top of foundation up to a level line at bottom of pipe, and horizontally under one-third of the pipe O.D. 1- D. Haunching — The material placed on either side of the pipe from the foundation to the springline of the pipe for rigid wall pipe, and horizontally from one trench sidewall to opposite sidewall, excluding the bedding section as shown on the plans. E. Initial Backfill — The portion of trench backfill that extends vertically from the top of haunching or cement stabilized backfill up to a level line immediately below pavement subgrade, and horizontally from on trench sidewall to opposite sidewall. F. Pipe Embedment — The portion of trench backfill that consists of bedding, haunching, and initial backfill. G. Trench Zone — The portion of trench backfill that extends vertically from top of .. pipe embedment up to a line immediately below pavement subgrade or up to final grade when not beneath paving. H. Backfill — Suitable material meeting specified quality requirements, placed and compacted under controlled conditions. 1. Ground Water Control Systems — Installations external to trench, such as well 1 points, eductors, or deep wells. Ground water control includes dewatering to lower ground water, intercepting_ seepage which would otherwise emerge from side or bottom of trench excavation, and depressurization to prevent failure or heaving of excavation bottom. Refer to Section 02240 — Dewatering. J. Surface Water Control — Diversion and drainage of surface water runoff and rain water away from trench excavation. Rain water and surface water accidentally entering trench shall be controlled and removed as a part of excavation drainage. K. Excavation Drainage — Removal of surface and seepage water in trench by sump pumping or other approved means. L. Trench Conditions are defined with regard to the stability of trench bottom and trench walls of pipe embedment zone. Maintain trench conditions that provide for effective placement and compaction of embedment material directly on or against undisturbed soils or foundation backfill, except where structural trench support is necessary. a. Dry Stable Trench — Stable and substantially dry trench conditions exist in pipe embedment zone as a result of typically dry soils or achieved by ground water control (dewatering or depressurization) for trenches_ extending below ground water level. b. Stable Trench with Seepage — Stable trench in which ground water seepage is controlled by excavation drainage. i. Stable Trench with Seepage in Clayey Soils — Excavation drainage is provided in lieu of or to supplement ground water control systems to control seepage and provide stable trench subgrade in predominately clayey soils prior to bedding placement. ii. Stable Wet Trench in Sandy Soils — Excavation drainage is provided in the embedment zone in combination with ground water control in predominately sandy or silty soils. c. Unstable Trench — Unstable trench conditions exist in the pipe embedment zone if ground water inflow or high water content causes soil disturbances, such as sloughing, sliding, boiling, heaving, or loss of density. M. Subtrench — Subtrench is a special case of benched excavation. Subtrench excavation below trench shields or shoring installations may be used to allow placement and compaction of foundation or embedment materials directly against undisturbed soils. Depth of a subtrench depends upon trench stability and safety as determined by the Contractor. N. Over -Excavation and Backfill — Excavation of subgrade soils with unsatisfactory bearing capacity or composed of otherwise unsuitable materials below top of foundation as shown on Drawings, and backfilled with foundation backfill material. O. Foundation Backfill Materials — Natural soil or manufactured aggregate of controlled gradation, to control drainage and material separation. Foundation backfill material is placed and compacted as backfill to provide stable support for bedding. P. Trench Safety Systems include both protective systems and shoring systems as defined in Section 02260 — Excavation Support and Protection Q. Trench Shield (Trench Box) — A portable worker safety structure moved along the trench as work proceeds, used as a protective system and designed to withstand forces imposed on it by cave-in, thereby protecting persons within the trench. Trench shields may be stacked if so designed -or -placed in a series depending on depth and length of excavation to be protected. R. Shoring -System - A -stricture -that supports sides of an excavation to maintain stable soil conditions and prevent cave-ins, or to prevent movement of the ground affecting adjacent installations or improvements. 1.4-1 REFERENCES M. ASTM D 558 - Test Methods for Moisture -Density Relations of Sol] Cement Mixtures. N. ASTM D 698 - Test Methods for Moisture -Density Relations of Soils and Soil - Aggregate Mixtures Using 5.5-]b. Rammer and 12 inch Drop. O. ASTM D 1556 - Test Method for Density in Place by the Sand -Cone Method. P. ASTM D 2487 - Classification and Soils for Engineering Purposes. Q. ASTM D 2922 - Test Method for Density of Sol] and Soil -Aggregate in Place by Nuclear Methods (Shallow Depth). R. ASTM D 3017 - Test Method for Water Content of Sol] and Rock in Place by Nuclear Methods (Shallow Depth). S. ASTM D 4318 - Test Method for Liquid Limit, Plastic Limit, and Plasticity Index of Soils. T. TxDOT Tex-] 01-E - Preparation of Soil and Flexible Base Materials for Testing. U. TxDOT Tex- 110-E - Determination of Particle Size Analysis of Soils. V. Federal Regulations, 29 CFR Part 1926, Standards -Excavation, Occupational Safety and Health Administration (OSHA). 1.42 SCHEDULING E. Schedule work so that pipe embedment can be completed on the same day that acceptable foundation has been achieved for each section of pipe installation, manhole, or other structures. 1.43 SUBMITTALS A. Conform to Section 01300 - Submittal Procedures. B. Submit a written description for information only of the planned typical method of excavation, backfill placement, and compaction, including: a. Sequence of work and coordination of activities. b. Selected trench widths. c. Procedures for foundation and embedment placement, and compaction. d. Procedure for use of trench boxes and other premanufactured systems while assuring specified compaction against undisturbed soils. C. Submit backfill material sources and product quality information in accordance with requirements of Section 02320 - Utility Backfill Materials. D. Submit record of location of pipe as installed, referenced to survey control points. Include locations of utilities encountered that are not shown on drawings or rerouted for the convenience of the Contractor. Give stations, coordinates, elevations, inverts, and gradients of installed pipe, casing, etc. E. Submit field density tests of trench backfill. F. Submit laboratory density compaction curves for each material. 1.44 TESTS A. Perform backfill material source qualification testing in accordance with requirements of Section 02320 — Utility Backfill Materials. B. Perform field density tests of trench backfill representative of each 500 linear feet of trench and each compacted layer. C. The Owner will perform his own check of field densities at random intervals at Owner's expense for passing tests. Failing tests will be charged to the Contractor. PART 2 — PRODUCTS 2.2 EQUIPMENT D. Perform excavation with hydraulic excavator or other equipment suitable for achieving the requirements of this -Section. E. Use only hand -operated tamping equipment until a minimum cover of twelve (12) inches is obtained over pipes, conduits, and ducts. Do not use heave compacting equipment until adequate cover is attained to prevent damage to pipes, conduits, or ducts. Do not use vibratory equipment until five (5) feet of cover over pipes, conduits, or ducts is obtained. Do not use vibratory equipment if adjacent structures are affected. F. Use trench shields or other protective systems or shoring systems which are designed and operated to achieve placement and compaction of backfill directly against undisturbed native soil. 2.3 MATERIAL CLASSIFICATIONS A. Embedment and Trench Zone Backfill Materials: Conform to classifications and product descriptions of Section 02320 — Utility Backfill Materials. 2.4 ACCESSORIES A. Warning Tape: Install twenty-four (24) inches below finished grade acid and alkali resistant polyethylene film warning tape manufactured for marking and identifying underground utilities, six (6) inches wide and four (4) mils thick, continuously inscribed with a description of the utility; as follows: a. Red — Electric b. Yellow — Gas, oil, steam, and dangerous materials. c. Orange — Telephone and other communications. d. Blue — Water systems. e. Green — Sewer systems. B. Install continuously coated ten (10) gauge locating wire on top of the pipe. PART 3 — EXECUTION 3.11 INSTALLATION H. Install flexible pipe to conform to the trench details shown in the drawings. g I. Install rigid pipe --to conform with the trench details shown in the drawings. J. Deviation from the City of Lubbock Ordinance or drawings on -the plans or specifications for excavation trench width without prior approval-Irom the .,' engineer will result in a non payment for over run quantities of asphalt and or concrete paving. 3.12 PREPARATION I. Establish traffic control to conform with requirements of Section 01555 — Barricades, Signs, and Traffic Handling and the drawings. J. Perform work to conform with applicable safety standards and regulations. Employ a trench safety system as specified in Section 02260 — Excavation Support and Protection. K. Immediately notify the agency or company owning any existing utility line which is damaged, broken, or disturbed. Obtain approval from the Engineer and agency for any repairs or relocations, either temporary or permanent. L. Maintain permanent benchmarks, monumentation and other reference points. Unless otherwise directed in writing, replace those which are damaged or destroyed. 3.13 PROTECTION E. Protect trees, shrubs, lawns, existing structures, and other permanent objects outside of grading limits and within the grading limits as designated on the Drawings. F. Protect and support above grade and below grade utilities which are to remain. G. Restore damaged permanent facilities to pre -construction conditions unless replacement or abandonment of facilities are indicated on the Drawings. H. Take measures to minimize erosion of trenches. Do not allow water to pond in trenches. Where slides, washouts, settlements, or areas with loss of density or pavement failures or potholes occur, repair, recompact, and pave those areas at not additional cost to the Owner. I. The Contractor shall locate all existing underground lines, whether or not they are shown on the Drawings, sufficiently in advance of trenching operations to prevent any damage thereto. Verification of location, size, and burial depth of existing utilities shall be the complete responsibility of the Contractor. J. The Contractor is responsible for notifying pipeline and cable utility owners of the intention to cross said utility no less than seven (7) days prior to crossing the utility. Coordinate vertical separation requirements with utility owners and any other special construction considerations. Notify the Engineer if required changes in the vertical profile shown on the Drawings prior to constructing these changes. K. Trench digging machinery may be used to make the trench excavations except in places where operation of same would cause damages to pipelines, fences, or other existing structures either above or below ground; in such instances hand methods shall be employed. 3.14 EXCAVATION H. Perform excavation work so that pipe, conduit, or ducts can be installed to depths ' and alignments shown on the Drawings. Avoid disturbing surrounding ground and existing facilities and improvements. I I. Determine trench excavation widths based on the requirements shown on the plans. J. Use sufficient trench width or benches above the embedment zone for installation of well point headers or manifolds and pumps where depth of trenches makes it uneconomical or impractical to pump from the surface elevation. Provide sufficient space between shoring cross braces to permit equipment operations and handling of forms, pipe, embedment and backfill, and other materials. i y K. Upon discovery of unknown utilities, badly deteriorated utilities not designated for removal, or concealed conditions, discontinue work at that location. Notify the Engineer and obtain instructions before proceeding. L. Shoring of Trench Walls. a. Install special shoring in advance of trench excavation or simultaneously with the trench excavation, so that the soils within the full height of the trench excavation walls will remain laterally supported at all times. b. For all types of shoring, support trench walls in the pipe embedment zone throughout the installation. Provide trench wall supports sufficiently tight to prevent washing the trench wall soil out behind the trench wall support. c. Unless otherwise directed by the Engineer, leave sheeting driven into or below the pipe embedment zone in place to preclude loss of support of foundation and embedment materials. Leave rangers, walers, and braces in place as long as required to support the sheeting, which has been cut off, and the trench wall in the vicinity of the pipe zone. d. Employ special methods for maintaining the integrity of embedment or foundation material. Before moving supports, place and compact embedment to sufficient depths to provide protection of pipe and stability of 1 trench walls. As supports are moved, finish placing and compacting embedment. e. If sheeting or other shoring is used below top of the pipe embedment zone, do not disturb pipe foundation and embedment materials by subsequent removal. Maximum thickness of removable sheeting extending into the embedment zone shall be the equivalent of a one (1) inch thick steel plate. Fill voids left on removal of supports with compacted backfill material. f. Wherever necessary to prevent caving, the trench shall be adequately supported as required by the DrawingsandSpecifications. The Contractor is entirely responsible for assuring that trenches are adequately supported to protect both the workers and the public. M. Use of Trench Shields. When a trench shield (trench box) is used as a worker safety device, the following requirements apply: a. Make trench excavations of sufficient width to allow shield to be lifted or pulled feely, without damage to the trench sidewalls. b. Move trench shields so that pipe, and backfill materials, after placement and compaction, are not damaged or disturbed, or the degree of compaction reduced. c. When required, place, spread, and compact pipe foundation and bedding t materials beneath the shield. For backfill above bedding, lift the shield as each layer of backfill is placed and spread. Place and compact backfill materials against undisturbed walls and foundation. i d. -- Maintain-trenc-h shield -in posit -ion to allow sampling and testing to be performed in a safe manner. e. Contractor shall provide trench shield for Owner's tests within the trench as 2 required in paragraph 3.11.13 3.15 HANDLING EXCAVATION MATERIALS A. Use only excavated materials which are suitable as defined in this Section and conforming with Section 02320 — Utility Backfill Materials. Place material suitable for backfilling in stockpiles at a distance from the trench to prevent slides or cave-ins. B. Do not place stockpiles of excess excavated materials on streets and adjacent properties. Protect excess stockpiles for use on site. Maintain site conditions in accordance with Section 01500 — Temporary Facilities and Controls. 3.16 TRENCH FOUNDATION A. The trench shall -be excavated to an even grade so that the bottom of the pipe will rest on the bottom of the trench over the entire length of the pipe. In order to obtain a true even grade, the trench shall be fine graded by hand. B. Any part of the trench excavated below grade shall be corrected by filling with approved material and compacting thoroughly. C. If ledge rock, rock fragments, or other unyielding material is encountered in the bottom of the trench, it shall be removed to a depth of six (6) inches below grade, refilled with selected material, and thoroughly compacted. D. Bell holes of ample dimensions shall be dug at each joint to permit the jointing of pipe to be made properly, and of sufficient depth to prevent the bell of the pipe from resting on undisturbed materials. 3.17 GROUND WATER CONTROL A. Implement ground water control according to Section 02240 — Dewatering. Provide a stable trench to allow installation in accordance with the Specifications. 3.18 PIPE EMBEDMENT, PLACEMENT, AND COMPACTION A. Immediately prior to placement of embedment materials, the bottoms and sidewalls of trenches shall be free of loose, sloughing, caving, or otherwise unsuitable soil. t B. Place embedment including bedding, haunching, and initial backfill as shown on the Drawings. C. For pipe installation, manually spread embedment materials around the pipe to provide uniform bearing and side support when compacted. Do not allow materials to free -fall from heights greater than twenty-four (24) inches above top of pipe. Perform placement and compaction directly against the undisturbed soils in the trench sidewalls, or against sheeting which is to remain in place. D. Do not place trench shields or shoring within height of the embedment zone unless means to maintain the density of compacted embedment material are used. If moveable supports are used in embedment zone, lift the supports incrementally to allow placement and compaction of the material against undisturbed soil. E. Do not damage coatings or wrappings of pipes during backfilling and compacting operations. When embedding coated or wrapped pipes, do not use crushed stone or other sharp, angular aggregates. F. Place haunching-materia]-manually around the pipe and compact it to provide uniform bearing and side support. If necessary, hold small -diameter or l lightweight pipe in place with sand bags or other suitable means during compaction of haunch areas and placement beside the pipe. G. Shovel in -place and compact embedment material using pneumatic tampers in restricted areas, and vibratory -plate compactors or engine -powered jumping jacks in unrestricted areas. Compact each lift before proceeding with placement of the next lift. Water tamping and water jetting are not allowed. s H. For flowable fill, such as cement stabilized backfill, vibrate flowable backfill with concrete vibrator to consolidate material under haunches. I. Install specified location tape and wire as shown on the drawings and per Section t 02317 — Excavation and Backfill for Utilities 23.A and 2.3.13. ' 3.19 TRENCH ZONE BACKFILL, PLACEMENT, AND COMPACTION A. Place backfill for pipe or conduits and restore as soon as practicable. Leave only the minimum length of trench open as necessary for construction. Maximum allowed open trench is limited to 200 feet unless otherwise approved by the - Owner. Maximum unrepaired pavement surface shall be limited to 2,640 feet. B. Where damage to completed pipe installation work is likely to result from 1 withdrawal of sheeting, leave the sheeting in place. Cut off sheeting two (2) feet_ or move above the crown of the pipe. Remove trench supports within five (5) feet from the ground surface. C. Place trench zone backfill in lifts and compact by methods selected by the Contractor. Fully compact each lift before placement of the next lift. a. Cement Stabilized Backfill/Lean Concrete Backfill - i. Place in depths as may be required during construction. ii. Use vibratory equipment to ensure placement under the haunches of the pipe. iii. Backfilling of the remaining trench depth after cement stabilized backfill has been placed shall not commence until the in -place cement stabilized backfill has attained a penetration resistance reading of at least thirty (30) when measured with a soil penetrometer according to ASTM D 1558 and using a one -tenth square inch needle. This equates to a penetration resistance of approximately 300 pounds per square inch. This is not a strength I, requirement of the cement -stabilized backfill, but a measure of the._i degree of curing of the cement stabilized backfill. After a penetrometer reading of 30 is obtained on the cement stabilized � backfill, then compacted backfill operations may commence. The s Contractor shall furnish and have on site a calibrated ASTM D 1558 soil penetrometer with one -tenth square inch needle. The Contractor shall take no less than four (4) penetrometer readings, equally spaced on both sides of the pipe (8 readings total) in accordance with ASTM D 1558, for each day's trench length that is planned for controlled t' density backfill operations. Such readings shall be taken prior to commencing-backfill operations. b. Gravel Embedment i. Place in depths as shown on plans ii. Use vibratory equipment or shovel slicing to ensure placement under the haunches of the pipe. c. Native Material/Borrow Material (Pipe Installation) i. Maximum lift thickness determined by Contractor to achieve uniform placement and required compaction, but not exceeding six (6) inches. ii. Compaction by trench sheep's foot or by vibratory equipment to a minimum of ninety-five (95) percent of the maximum dry density determined according to ASTM D 698. Use of vibratory equipment limited as specified in paragraph 2.1.B. iii. Moisture content within two (2) percent of optimum determined according to ASTM D 698. d. Topsoil i. Maximum lift thickness determined by Contractor to achieve uniform placement and required compaction, but not exceeding six (6) inches. ii. Compaction by sheep's foot, by steel wheel roller, or by vibratory equipment to a minimum of ninety-five (95) percent of the maximum dry density determined according to ASTM D 698. Use of vibratory equipment limited as specified in paragraph 2.1.B. iii. Moisture content within two (2) percent of optimum determined according to ASTM D 698. 3.20 MANHOLES, JUNCTION BOXES, AND OTHER PIPELINE STRUCTURES A. Meet the requirements of adjoining utility installations for backfill of pipeline structures, as shown on the Drawings. 3.21 FIELD QUALITY CONTROL ' A. Test for material source qualifications as defined in Section 02320 — Utility Backfill Materials. B. Provide excavation and trench safety systems at locations and to depths required for testing and retesting during construction at no additional cost to the Owner. C. Tests will be performed by the Contractor on a minimum of three (3) different samples of each material type for plasticity characteristics, in accordance with ASTM D 4318, and for gradation characteristics, in accordance with Tex- 101-E and Tex-110-E. Additional classification tests will be performed whenever there is a noticeable change in material gradation or plasticity. D. At least three (3) tests for moisture -density relationships will be performed initially for backfill materials in accordance with ASTM D 698. Additional moisture -density relationship tests will be performed whenever there is a noticeable change in material gradation or plasticity. E. In -place density tests of compacted pipe foundation, embedment, and trench zone backfill soil materials will be performed according to ASTM D 1556, or ASTM D 2922 and ASTM D 3017, and at the following frequencies and conditions. t a. A minimum of one test for every 500 linear feet of compacted trench zone backfill material for each compacted layer. b. Density tests will be distributed around the placement areas. Placement areas are foundation, bedding, haunching, initial backfill, and trench zone. c. The number of tests will be increased if compacting effort is variable end not considered sufficient to attain uniform density, as specified. d. Density tests may be performed at various depths below the fill surface by pit f excavation. Material in previously placed lifts may therefore be subject to acceptance/rejection. e. Two (2) verification tests will be performed adjacent to in -place tests showing density less than the acceptance criteria (two tests will be performed for each failing test). Placement will -be -rejected unless both verification tests show acceptable results. f: Recompacted placement will be retested at the same frequency as the first test series, including verification tests. F. Recondition, recompact, and retest at Contractor's expense if tests indicate Work does not meet specified compaction requirements. For hardened cement stabilized backfill with nonconforming density, core and test for compressive strength at Contractor's expense. G. Acceptability of crushed rock compaction will be determined by inspection. 3.22 DISPOSAL OF EXCESS MATERIAL A. Dispose of excess materials in accordance with requirements of Section 01576 — Waste Material Disposal. END OF SECTION SECTION 02320 UTILITY BACKFILL MATERIALS PART 1 — GENERAL 1.45 SECTION INCLUDES L. This Section of the specification covers materials related to the backfill of utilities. Included are the following: a. "Concrete" sand (for use as pipe bedding). b. Native soil materials. c. Topsoil. d. Borrow material. e. Crushed stone. f. Cement stabilized backfill. 1.46 RELATED SECTIONS L. Drawings and General Provisions of the Contract, including General and Supplementary Conditions and other Division 1 specification sections apply to this section. M. Section 01400 — Quality Requirements N. Section 02317 — Excavation and Backfill for Utilities. 1.47 DEFINITIONS A. Refer to Section 02317 — Excavation and Backfill for Utilities. 1.48 REFENCES W. ASTM C 33 — Specification for Concrete Aggregate. X. ASTM C 40 — Test Method for Organic Impurities in Fine Aggregates for ,r Concrete. t Y. ASTM C 123 — Test Method for Lightweight Pieces in Aggregate. Z. ASTM C 131 — Test Method for Resistance to Degradation of Small -Size Coarse Aggregate by Abrasion and Impact in the Los Angeles Machine. AA. ASTM C 136 — Test Method for Sieve Analysis of Fine and Coarse Aggregates. BB. ASTM C 142 — Test Method for Clay Lumps and Friable Particles in Aggregates. CC. ASTM D 698 — Test Method for Laboratory Compaction Characteristics of Soil Using Standard Effort (12,400 ft-lb/ft). DD. ASTM D 1140 — Test Method for Amount of Materials in Soils Finer Than Number 200 Sieve. EE. ASTM D 2487 — Classification of Soils for Engineering Purposes (Unified Soil Classification System). FF. ASTM D 2488 — Standard Practice for Description and Identification of Soils (Visual -Manual Procedure). GG. ASTM D 4318 — Test Method for Liquid Limit, Plastic Limit, and Plasticity Index of Soils. C HH. ASTM D 4643 — Method for Determination of Water (Moisture) Content of -Soil by the Microwave Oven Method. II. TxDOT Tex-101-E —Preparation of Soil and Flexible Base Materials for Testing. JJ. TxDOT Tex-104-E — Test Method for Determination of Liquid Limit of Soils (Part 1). KK. TxDOT Tex- 106-E — Test Method -Methods of Calculating Plasticity Index of Soils. LL. TxDOT Tex-110-E — Determination of Particle Size Analysis of Soils. 1.49 SUBMITTALS G. Conform to Section 01300 — Submittal Procedures. H. Submit a description of source, material classification and product description, production method, and application of backfill materials. 1. Submit test results for samples of off -site backfill materials. J. For each delivery of material, provide a delivery ticket which includes source location. 1.50 TESTS D. Perform tests of sources for off -site backfill material. E. Verification tests of backfill materials may be performed by the Owner, at the Owner's expense; however, failing tests will be charged to the Contractor. PART 2 — PRODUCTS 2.5 MATERIAL DESCIRPTIONS G. In accordance with the most recent Design and Construction Standards of the City of Lubbock and as approved by Engineer. H. Fine aggregate bedding: a. Fine aggregate bedding shall consist of natural sand or screenings having hard, strong, durable particles free from deleterious substances and meeting the following graduation requirements: Sieve Percent Passing 3/8" 100 No. 4 95 to 100 No. 8 80 to 100 No. 16 50 to 85 No. 30 25 to 60 No. 50 10 to 30 No. 100 2 to 10 I. Course aggregate bedding: a. Course aggregate bedding shall consist of chorused rock free of waste, trash, debris, organic material, and unstable material and meeting the following graduation requirements: f i Sieve Percent Passing 3/4" 40 to 100 3/8" 30 to 75 No. 4 25 to 60 No.40 8 to 26 J. Native Soil Material for Backfill a. Provide backfill material that is free of stones greater than three (3) inches, free of roots, waste, debris, trash, organic material, unstable material, non - soil matter, hydrocarbons, or other_ contamination. K. Topsoil a. Provide topsoil material that is free of stones greater than three (3) inches, free of roots, waste, debris, trash, organic matter, unstable material, non -soil matter, hydrocarbons, or other contamination. b. Surface should be made clear of rock and other debris before planting. c. Use top three (3) feet of excavated material for topsoil backfll. This material shall be set aside to prevent mixing with other excavated material. Topsoil is only required in non -paved areas. L. Borrow a. Use Class A borrow under roadways (proposed or existing) and Class B elsewhere. M. Cement Stabilized Backfll a. Cement Content — 1 1/2 sack mix per cubic yard. b. Water/Cement Ratio — 0.60. c. Maximum aggregate size shall not exceed one and one half (1.5) inch diameter for backflling pipe sizes forty-eight (48) inches and greater in diameter. d. Maximum aggregate size shall not exceed one (1) inch diameter for backfilling sizes less than forty-eight (48) inches in diameter. 2.6 MATERIAL TESTING B. Ensure that material selected, produced, and delivered to the project meets applicable specifications and is of sufficiently uniform properties to allow h practical construction and quality control. C. Source or Supplier Qualification: Perform testing, or obtain representative tests by suppliers, for selection of material sources and products. Provide test results for a minimum of three (3) samples for each source and material type. Tests rv; samples of processed materials from current production representing material to be delivered. Tests shall verify that the materials meet specification requirements. Repeat qualification test procedures each time the source characteristic changes or there is a planned change in source location or supplier. Qualification tests shall include, as applicable: a. Gradation: Complete sieve analyses shall be reported regardless of the specified control sieves. The range of sieves shall be from the largest particle through the No. 200 sieve. b. Plasticity of material passing the No. 40 sieve. c. Los Angeles abrasion wear of material retained on the No. 4 sieve. d. Clay lumps. e. Lightweight pieces. f. Organic impurities. D. Production Testing: Provide certified reports to the Engineer from an independent testing laboratory. E. Assist the Engineer in obtaining material samples for verification testing at the source or at the production plant. F. Native material requires testing only when questionable material is encountered PART 3 — EXECUTION 3.23 SOURCES K. Use of material encountered in the trench excavations is acceptable, provided applicable specification requirements are satisfied. If excavation material is not acceptable, provide from other approved source. Top three (3) feet of excavated material shall be used as topsoil. L. Identify off -site sources for backfill material at least twenty-one (21) days ahead of intended use so that the Engineer may obtain samples fro verification testing. M. Obtain approval for each material source by the Engineer before delivery is started. If sources previously approved do not produce uniform and satisfactory products, furnish materials from other approved sources. Materials may be subjected to inspection or additional verification testing after delivery. Materials which do not meet the requirements of the specifications will be rejected. Do not use material which, after approval, has become unsuitable for use due to segregation, mixing with other materials, or by contamination. Once a material is approved by the Engineer, expense for sampling and testing required to change to a different material will be at the Contractor's expense with no additional cost to the Owner. 3.24 MATERIAL HANDLING M. Establish temporary stockpile locations in areas shown on plans for practical material handling and control, and verification testing by the Engineer in advance of final placement. N. Cement stabilized backfill shall be consolidated upon placement by using concrete vibrators to ensure filling of voids, filling around and under haunches of pipe and filling of spaces between corrugations. Vibration shall not be applied to the utility pipe itself. 3.25 FIELD QUALITY CONTROL L. Quality Control a. The Engineer may sample and test backfill at: i. Sources including borrow pits, production plants, and Contractor's , designated off -site stockpiles. ii. On -site stockpiles. - iii. Materials placed in the Work. ii b. The Engineer-may-resample-material at any stage of work or location if changes in characteristics are apparent. M. Quality Control Testing: The Owner's testing laboratory will provide verification testing on backfill materials, as directed by the Engineer. Samples may be taken at the source or at the production plant, as applicable. Contractor shall- cooperate with the Owner and Engineer in allowing access to materials. END OF SECTION 5' SECTION-02511 INSTALLATION OF WATER DISTRIBUTION SYSTEM COMPONENTS PART1 GENERAL 1.1 SECTION INCLUDES. A. Requirements for the installation of water distribution system components such_as pipe, fittings and valves. B. Requirements for trench safety, final clean up and acceptance. 1.2 PRODUCTS INSTALLED UNDER THIS SECTION. A. Approved municipal water pipe. B. Approved fittings, connections, valves and appurtenances. C. Warning tape. D. Locator wire, if pipe is of non-ferrous material. 1.3 UNIT PRICES A. Water Distribution Pipe. 1. Payment for installation of water distribution pipe will be on a linear foot basis. Unit cost shall include pipe installed, complete in place including all appurtenances, trench safety and traffic barricading required or as specified in the bid tabs. 2. The Owner's Representative will perform measurement. B. Tapping Sleeves and Valves. 1. Payment for purchase and installation of the tapping sleeve and valve will be per each, complete in place including all appurtenances, trench safety and traffic barricading required. 1.4 SUBMITTALS A. Conform to Section 01300 — Submittal Procedures. B. Submit storm water pollution prevention plan (SWPPP) C. Submit traffic control plan. 1.5 WARRANTY A. Contractor to provide standard one year warranty. Warranty period will begin at the date of Substantial Completion. B. The Contractor at no additional expense to the Owner will perform any repairs, replacements or maintenance work on Work performed by the Contractor. PART 2 PRODUCTS 2.1 See section 02665. PART 3 EXECUTION 3.1 EXAMINATION A. Contractor will examine the entire length of the project site to verify conditions before starting work. B. Contractor is responsible for verifying that site -conditions -are suitable for the proposed Work prior to beginning activities. 3.2 PROTECTION 1. Contractor is responsible for notifying all utilities and other affected parties prior to beginning excavation. Contractor will comply with the State of Texas excavation notice requirements. 2. Contractor is responsible for providing shoring, bracing or other supports as required to prevent damage to adjacent utilities, structures or other affected components. 3. Contractor will excavate and expose any utilities or other potential conflicts to determine the lines and grades, if deemed necessary by the Contractor or Owner's Representative. 4. Contractor is responsible for any expenses incurred to repair, replace or otherwise restore facilities damaged due to excavation or installation of the sanitary sewer system. 5. The Contractor shall, at his own expense, furnish and erect such barricades, fences, lights, and danger signals, and shall take such other precautionary measures for the protection of persons, property and the works as may be necessary. All safety measures shall meet the requirements of The Texas Manual on Uniform Traffic Control Devices. Traffic control plans shall be submitted to the City of Lubbock Traffic Engineer for approval. 6. The Contractor will be held responsible for all damage to the work due to failure of barricades, signs, and lights to protect it, and when damage is incurred, the damaged portion shall be immediately removed and replaced by Contractor at his own cost and expense. The Contractor's responsibility for maintenance of barricades, signs, and lights shall not cease until the days of issuance to Contractor of City's certificate of acceptance of the project. 7. Rules and regulations of local, state and Federal authorities regarding safety provisions shall be observed. 3.3. SURFACE PREPARATION 1. Within Unpaved Easements; or Cultivated, Agricultural or Undeveloped Land. a. Remove all vegetation, brush, heavy growth, grass, weeds, decayed organic matter, rubbish or other unsuitable material within the area of excavation. b. Remove topsoil separately from the other excavation material. Store the topsoil separately from the other excavation material. 2. Within Unpaved Roadways a. Remove roadway cover material and store separately from other excavated material. b. Take care to keep the roadway material as clean as possible for placement back on the roadway. Within Paved Areas a. Remove pavement,-sidewa-lks, driveways; and curb and gutter in a neat and workmanlike manner. Use straight and perpendicular cuts. b. The cut will exceed the width of the excavation by 6 inches on each side of the trench. C. Cut concrete pavement, sidewalks, driveways, and curb and gutter with a power saw to a minimum depth of 2 inches prior to breaking. 3.4 INSTALLATION A. Excavation 1. Excavations will be open cut unless otherwise indicated on the plans or designated by the Owner's Representative. 2. Contractor will comply with trench safety requirements as outlined in OSHA 1910 using benching, shoring, trench boxes or other means to meet or exceed the requirements of OSHA 1910. 3. The Contractor at no expense to the Owner will dispose of excavated materials unsuitable for backfill or not required for backfill. 4. Contractor will prevent surface water from flowing into excavations. Pipe that has had its grade or alignment changed due to water entering the excavation will be re-laid at no expense to the Owner. 5. Spongy material, organic matter, or fill material containing concrete, asphalt or debris encountered during excavation will be removed and properly disposed. Over excavation in this situation will be at the direction of the Owner's Representative. 6. Over excavation for the Contractor's convenience will be at the Contractor's expense. 7. Stockpile excavated material so as not to interfere with the progress of the Work or to create a safety hazard. Excavate trench only as necessary to install the pipe. Excavation limits for pipe less than 18 inches: Pipe O.D. + 12 inches B. Installation 1. Install components in accordance with the City of Lubbock Construction Standards and the Manufacturer's Instructions. The Contractor will bring any conflict between these two methods to the Owner's attention. 2. Products will be inspected prior to installation for any defects. No defective products will be installed. Products found to be defective will be replaced at the Contractor's expense. 3. Installation of Pipe. a. Fine grade the bottom of the trench using specified bedding material. Provide for bell holes to allow the pipe to be placed at the proper grade and alignment. b. Check for proper grade and alignment at each joint. C. Do not place pipe in wet trench conditions. Provide adequate dewatering methods to keep free water from the trench. d. Do not leave open joints overnight. Place watertight barriers at the end of the exposed pipe segment to I prevent water_intrusion-into-the-pipe-after-each days work. All pipes --shall be installed according to manufactures suggestions in both the open cut areas and in the slick bore areas. 4. Installation of Valves. a. Valves and fittings shall be set at the locations shown on the plans or at locations as established by the Engineer, and shall be joined to the pipe in the manner heretofore specified for pipe installation. The valves and fittings shall be adequately blocked for thrust with concrete. Valves shall be set vertically and in concrete valve boxes. b. Valves 12" and smaller for lines connecting into existing waterlines will be inserted while the line is still under pressure unless the flow can be contained by other means. Backfill of Excavations. Backfill and compaction shall be performed in accordance of COL Ordinance 2007-00122. 1 Backfill around pipe with specified granular bedding material that is free of large rocks, topsoil, debris or other unacceptable material. i The backfill around the pipe shall be shovel sliced around the haunch of the pipe and mechanically - compacted or hand tamped to a point 12 inches above the top of the pipe Backfill from 12 inches above the pipe to the finished t--j grade will be as follows: i. For unpaved areas, use excavated material that is free of large rocks, debris or other material , determined unsuitable by the Owner's Representative. Backfill shall be placed in maximum six (6) inch lifts and compacted to 95% Standard Proctor Density at +/- 2% optimum moisture content. Each lift shall be 1 tested at a maximum of 500 feet intervals according to ASTM designation D-698. These tests shall be performed by a reputable contractor specializing in geotechnical work and will be at the successful bidder's expense. ' Copies of these tests shall be provided to the Owners Representative. The City of Lubbock I will perform random spot testing at no expense to the contractor. ii. For paved areas, place Cement Stabilized Backfill (CSB) meeting City of Lubbock r Standards under the bottom of the pavement in a minimum of thickness of 12". The backfill from 12-inches above the -top of pipe to the CSB shall be in placed in maximum 6 inch lifts and compacted to 95% Standard Proctor Density. Each lift shall be tested at a maximum of 500 feet intervalsaccording to ASTM designation-D- 698. These tests shall be performed by a reputable contractor specializing in geotechnical work and will be at the successful bidders expense. Copies of these tests shall be provided to the Owners Representative. The City of Lubbock will perform random spot testing at no expense to the contractor. 3.5 FIELD QUALITY CONTROL A. Inspection 1. Owner's Representative will provide all inspection services. Owner's Representative will be present at all tests. Do not cover pipe or valves until inspected by the Owner's Representative. 2. Notify the Owner's Representative a minimum of 24 hours prior to placement of pipe, manholes or other buried components. B. Testing 1. General a. Notify the Owner's Representative a minimum of 24 hours prior to conducting any testing. b. All testing will be performed in the presence of the Owner's Representative and only after the Owner's Representative has agreed the system being tested is ready for the appropriate test. d. Components to be tested will be thoroughly cleaned to remove debris, gravel, grit, dirt or other foreign material prior to performing any tests. e. The Owner's Representative will approve equipment used for testing. The Contractor at no expense to the Owner will replace testing equipment rejected by the Owner's Representative. 2. Pipe Testing Requirements a. After the pipe has been laid, the line shall be subjected to a hydrostatic pressure test and leakage test. The line shall be tested at 100 p.s.i. gauge pressure. The duration of each pressure test shall be as directed by the Owners Representative but shall not exceed for (4) hours. b. No pipe installation will be accepted until or unless the leakage as determined by above test is less than the amount set forth below. The allowable leakage (gallons per hour) shall not be greater than determined by the following formula: L=ND(P) 7400 L = Gallons Per Hour D = Nominal Pipe Diameter N = Number of Joints P = Test Pressure (PSI) If individual sections show leakage greater than the limits specified above, the contractor shall at his own expense locate and repair the defective joints until the leakage is within the specified allowance. Sterilization of Pipe Lines a. The contractor shall furnish all labor, equipment and material necessary for the sterilization of the new pipelines according to AWWA C 651 before being placed in service. The lines shall be sterilized by the application of the chlorinating agent. The chlorinating agent may be liquid chlorine, liquid chlorine gas -water mixture, or a calcium hypochlorite solution, which shall be fed into the lines through a suitable solution -feed device, or other methods approved by the engineer. The chlorinating agent shall be applied at or near the point from which the line is being filled, and through a corporation stop or other approved connection inserted in the horizontal axis of the newly laid pipe. The water being used to fill the line shall be controlled to flow into the section to be sterilized very slowly, and the rate of application of the chlorinating agent shall be in such proportion of water entering the pipe that the chlorine dose applied to the water entering the line shall be at least 50 parts per million. The treated water shall be retained in the pipelines for a period of not less than twenty-four (24) hours. b. Samples shall be taken from the contractors sample port by Owners Representative and will be tested for bacteriologic growth by the Texas Department of Health Laboratory. Samples will be taken twice in a forty-eight (48) hour period not less than twenty-four (24) hours apart. C. The sampling riser shall be located at a location farthest from the point of chlorination. The riser shall be above ground and equipped with a faucet for control of flow during sampling. 3.6 ADJUSTING AND CLEANING A. Contractor will return areas disturbed by the work to the conditions existing prior to commencement of the work. L 1. Contractor will grade disturbed areas to the preexisting grade. 2. Owner's Representative will -determine if adequate adjustments and cleaning have been performed. 3. Contractor will leave the construction site clean, neat and free of 3 construction debris. 4. Areas that have established turf will have sod placed in the excavated -areas. 5. Paved areas will have pavement replaced in accordance with the City of Lubbock Street Engineering Standard Paving Specifications. END OF SECTION SECTION 02665 WATER WORKS PIPING, VALVES, AND FITTINGS PART 1— GENERAL 1.51 WORK INCLUDED M. This section of the specifications covers all water piping, valves, and fittings required for the project. The term piping as used herein shall include all piping, valves, fittings, and -accessories -as -shown on -the -plans -and/or -as specified herein. 1.52 RELATED SECTIONS A. Drawings and General Provisions of the Contract, including General and Special Conditions and other Division 1 specification sections apply to this section. B. Section 01400 — Quality Requirements C. Section 01555 — Barricades, Signs, and Traffic Handling D. Section 02320 Utility Backfill Materials 1.53 MATERIAL SCHEDULE O. 12" lines as specified on plans for material Class 150 and AWWA C 900 (DR 18). P. Ductile Iron Fittings (AWWA C 153) Q. Tapping Sleeve (ductile iron or stainless steel) R. Gate Valves S. Valve Boxes T. Fire Hydrants (AWWA C 502) U. Mechanical Joint Restraints 1.54 SUBMITTALS A. Submit all manufacturers' data for all pipe and fittings including all pipe thickness class calculations, steel casing, and casing spacers. B. Submit affidavits of compliance with appropriate standards. C. Submit product warranties. D. Submit manufacturer's installation instructions. E. Submit manufacturer's loading, unloading, and storage requirements. F. Submit product information for pipe identification tape. G. Submit concrete mix design for concrete thrust blocking. 1.55 REFERENCES A. AWWA C 104 — Cement Mortar Lining for Ductile Iron Pipe and Fittings for Water. B. AWWA C 110 — Ductile Iron and Gray Iron Fittings, 3 inch through 48 inch, for Water. C. AWWA C 1 1 1 — Rubber Gasket Joints for Ductile Iron Pressure Pipe and Fittings. D. AWWA C 104 — Rubber SeatedButterflyValves. E. AWWA 509 — Resilient Seated Gate Valves for Water Supply. F. AWWA C 900 — Polyvinyl Chloride (PVC) Pressure Pipe and Fabricated Fittings, 4 inch through 12 inch, for water distribution. G. AWWA C 905 — Polyvinyl Chloride (PVC) Pressure Pipe and Fabricated Fittings, 14 inch through 48 inch, for water transmission and distribution. H. AWWA C 301 — Prestressed Concrete Pressure Pipe, Steel Cylinder Type, for Water and other Liquids. I. AWWA C 303 — Concrete Pressure Pipe, Bar Wrapped, Steel Cylinder Type J. ANSI/AWWA C-200 Standard for Steel Water Pipe 6 Inches and Larger K. ANSI/AWWA C-205 Standard for Cement -Mortar Protective Lining and Coating for Steel Water Pipe - 4 in. and Larger -Shop Applied L. ANSI/AWWA C-206 Standard for Field Welding of Steel Water Pipe M. ANSI/AWWA C-207 Standard for Steel Pipe Flanges for Water Works Service, 4" - 144" N. ANSI/AWWA C-208 Standard for Dimensions for Fabricated Steel Water Pipe Fittings O. ANSI/AWWA C-209 Standard for Cold -Applied Tape Coatings for the Exterior of Special Sections, Connections, and Fittings for Steel Water Pipelines P. ANSI/AWWA C-210 Standard for Liquid -Epoxy Coating Systems for the Interior and Exterior of Steel Water Pipelines Q. ANSI/AWWA C-214 Standard for Tape Coating Systems for the Exterior of Steel Water Pipelines R. ANSI/AWWA C-216 Standard for Heat -Shrinkable Cross -Linked Polyolefin Coatings for the Exterior of Special Sections, Connections, and Fittings for Steel Water Pipelines S. ANSI/AWWA C-218 Standard for Coating the Exterior of Aboveground Steel Water Pipelines and Fittings T. ANSI/AWWA C-219 Standard for Bolted Sleeve -Type Couplings for Plain -End Pipe U. ANSI/AWWA C-222 Standard for Polyurethane Coatings for the Interior and Exterior of Steel Water Pipelines and Fittings V. AWWA M-1 1 Steel Pipe - A guide for Design and Installation W. ASTM A 106 Standard Specification for Seamless Carbon Steel Pipe for High - Temperature Service. X. ASTM A 53 Standard Specification for Pipe, Steel, Black and Hot -Dipped, Zinc Coated Welded and Seamless Y. ASTM E 165 Method for Liquid Penetrant Examination Z. ASTM E 709 Guide for Magnetic Particle Examination AA. ASME Section V Nondestructive Testing Examination BB. ASME Section IX Welding and Brazing Qualification. CC. AWS B2.1 Standard for Welding Procedure and Welding Qualifications. PART 2 — PRODUCTS 2.1 GENERAL A. All pipe, fittings, and valves shall be new and of the best quality in material and workmanship. B. All pipe, fittings, and valves shall conform to American National Standards Institute/National Sanitation Foundation (ANSI/NSF) Standard 61. C. In areas where_ natural_ gas lines_ exist,_ and are cathodically protected by means of impressed current, only electrically non-conductive pipe shall be allowed. 2.2 POLYVINYL CHLORIDE (PVC) PIPE N. PVC pipe 10 inches and smallershallbe AWWA C-900, Class 150 (DR-18). O. PVC pipe 12 inches shall be AWWA C-900, Class 200 (DR-14) P. PVC pipe 14 inches and larger shall be AWWA C-905, Class 200 (DR-21). The outside diameter of the PVC pipe shall be cast iron equivalent. Q. PVC pipe shall be formed with an integral ball and shall be joined using a gasketed bell and spigot joint. Spigot ends shall be beveled and reference marked to facilitate joining and insure proper seating depth. Gaskets shall conform to ASTM F 477. The nominal joint length shall be twenty (20) feet. R. AWWA C-900 and C-905 pipe shall be marked as prescribed by AWWA standards including nominal size, dimension, ratio, AWWA pressure class, manufacturer's name and code, and seal of testing agency that verified the suitability of the pipe material for potable water. S. Pipe shall meet all additional test requirements as described in AWWA C-900 or C-905, as applicable. T. All PVC pipe shall be approved by the National Sanitation Foundation (NSF) for use in the transportation of potable water and shall bear the NSF seal of approval. 2.3 CONCRETE CYLINDER PIPE A. Prestressed Concrete Embedded Cylinder pipe shall be manufactured in accordance with the latest revision of AWWA C-30I. B. Pretensioned Concrete Cylinder Pipe (PCCP) shall be manufactured in accordance with the latest revision of AWWAS C303-78 C. Concrete Cylinder Pipe shall withstand a minimum pressure of 150 p.s.i. longitudinally and helically. D. The joints of the pretensioned concrete cylinder pipe and fittings shall be sealed with a continuous ring rubber gasket meeting standards specified in AWWA C303-78. E. A Portland cement mortar shall be used to fill the annular space both inside and outside of joints in the pretensioned concrete cylinder pipe. Portland cement used in the mortar shall conform to "Standard Specifications and Test for Portland Cement" A.S.T.M. serial designations C150 and C77. Sand for the mortar shall conform to A.S.T.M. designation C-33-52T for fine aggregate. The exterior joints on pretensioned concrete cylinder pipe shall be poured with a heavy duty diaper. The width of the diaper shall be nine inches. The band shall be provided with 3/8 inch x 0.20 steel straps on each side. 2.4 PIPE FITTINGS G. General: Pipe fittings shall be of a type and design especially suitable for use with the type of piping with which they are installed. Pressure rating of fittings shall not be less than that of the pipe. All ductile iron fittings shall have an external bituminous coating and shall be cement lined in accordance with AWWA C 104. H. Fittings shall be ductile iron and shall be mechanicaljointor push -on joint unless otherwise specified or shown on the Drawings. I. Ductile Iron Fittings — Ductile iron fittings shall conform to AWWA C153 110. Fittings shall be mechanical joint or push -on joint unless otherwise specified or shown on the Drawings. All fittings shall have a pressure rating equal to that of the pipe with which they are used but in no case less than 150 psi. a. Unless otherwise indicated, all ductile iron fittings shall have an external bituminous coating and shall be cement -lined in accordance with the specifications for coating and lining the pipe. b. All ductile iron fittings shall be cast from the same quality of metal used in casting ductile iron pipe and shall be subjected to the same test -requirements. Marking and weighing shall be as required for ductile iron pipe. c. Where flanged fittings are used, the flanges shall be of the same material as the fitting. Where bell or mechanical joint fittings are used, the bells shall be cast integrally with the fitting. Screwed -on bells will not be acceptable. 2.5 FLEXIBLE COUPLINGS AND FLANGED COUPLING -ADAPTERS A. Flanged coupling adapters and flexible couplings shall be provided at the locations shown on the Drawings and at other locations required for installation of the piping system. Flanged coupling adapters will be provided with anchoring studs to provide thrust restraint. Epoxy coated sheet construction shall be used for all couplings. All bolts, nuts, and washers shall be stainless steel. 2.6 PIPE JOINTS a. Push -on Joints — Push -on joints shall be as specified in AWWA Standard Cl11. b. Mechanical Joints — Mechanical joints shall be as specified in AWWA Standard C 11 l . 2.7 STEEL CASING A. Steel casing shall be new welded steel pipe with minimum yield strength of 35,000 psi meeting ASTM A36. The exterior of the casing pipe shall have a bituminous coating. Casing wall thickness for installation shall be in accordance with the following: Location Diameter Min. Wall Thickness Highway and Street Crossings 24" and smaller 0.2500" 26" or larger 0.3125" Railroad Crossings 18" and smaller 0.2500" 20" thru 26" 0.3750" 28" and larger 0.5000" B. Casing spacers shall be used to install carrier pipe inside the encasement pipe. To provide support around the periphery of the pipe should the pipe twist as it is pushed through the casing. The spacers shall be of a projection type that has a minimum number of projections around the circumference totaling the number of diameter inches. For example, eight (8) inch pipe shall have a minimum of eight (8) projections and eighteen (18) inch pipe shall have a minimum of eighteen (18) projections. C. Casing spacers shall use double backed tape, provided with the spacers, to fasten tightly onto the carrier pipe so that the spacers do not move during installation. Installation instructions shall be provided with each shipment. Casing spacers shall have a span of ten (10)-feet to six (6) feet dependent on the total load anticipated with the pipe full of liquid. The maximum load shall not exceed the load limits per spacer listed in the brochure. These values in the brochure include conservative safety factors for class spacer used. Spacers shall have minimum height that clears the _pipe _bell or as otherwise indicated on plans. D. Casing spacers shall be projection type totally non-metallic spacers constructed of preformed sections of high -density polyethylene. Spacers shall be ISO 9002 certified for strength and quality. E. Manufacturer: Projection type spacers shall be Raci type spacers, or approved equal by the Engineer, along with wrap around end seal made of 1/8" think rubber with stainless steel bands. 2.8 VALVES A. General: Valves that are twelve (12) inches and smaller shall be gate valves unless otherwise noted on the plans or specified herein. All valves shall be designed for a working pressure of at least 150 psi unless otherwise noted. B. Gate Valves: a. All gate valves shall be resilient seat or double disk parallel seat, iron body; bronze mounted throughout and shall meet all requirements of AWWA C 509. b. The valves shall be of the type of joint used in the piping. c. All valves shall open by turning to the left, and unless otherwise specified, shall have non -rising stem when buried and outside screw and yoke when exposed, and be furnished with a two (2) inch operating nut when valves are buried and shall be furnished with hand wheels when exposed. d. Gate valves shall be furnished with O-ring stem packing. -= e. All gate valves shall be designed to withstand a working pressure of 200 psi unless otherwise noted. f. Gate valves shall be Mueller, M&H, Darling, or Clow. g. All ductile iron shall conform to A536 Grade 6545-12. Castings shall be clean and sound without defects that willimpairtheir service. No plugging or welding of such defects will be allowed. h. Bolts shall be electro-zinc plated steel with hex heads and hex nuts in accordance with ASTM A307 and A563, respectively. i. All parts for valves furnished must be standard and completely interchangeable with valves of the same brand. Successful bidder to furnish to the Owner, upon request, a letter stating the type of valves to be installed and a letter from the manufacturer stating that the parts are standard and interchangeable. C. Valve Boxes and Extension Stems: a. Extension stems shall be furnished on buried valves where the top of the operating nut is more than thirty-six (36) inches below finished grade. Top of the extension stem shall not be more than nine (9) inches below the top of the valve box. b. Buried valves shall be provided with cast iron valve boxes. The boxes shall be designed to fit over a section of six (6) inch C 900 PVC riser pipe, -which will be used, as an extension from the top of the valve to within eight (8) 1 inches of the ground surface. The box shall have a heavy cast iron cover marked "Water". The box shall have a flange type base, with the base being approximately four (4) inches larger in diameter than the outside diameter of the barrel of the box. The necessary length of the six (6) inch C 900 PVC riser pipe required for the extension shall be considered as a part of the box. Valve boxes shall be East Jordan Iron Works No. 8453, or approved equal. , 2.9 HYDRA -STOP A. INSTA_VALVES will be installed on each end of the existing 12" line in order to plug and seal the crossing. Installation and specifications shall meet the requirements of the manufacturer. 2.10 FIRE HYDRANTS A. Hydrants shall be: a. Clow Medallion. b. American Darling Model B-84-B. c. Dresser 129-09 d. Mueller Centurion e. Approved equal. B. Hydrants shall meet AWWA C-502 C. Hydrants shall have an iron body, bronze mounted throughout and be designed for working pressure of 150 psi. D. Hydrants shall be traffic model type with a 5-1/4-inch valve opening, two (2) 2- 1/2-Inch hose nozzles, and one (1) 4-inch steamer nozzle. E. The hydrant shall be for a 6-inch main. F. Existing fire hydrants will be removed and salvaged. Take existing fire hydrants to Municipal Hill at 402 Municipal Drive Lubbock, Texas 79457. 2.11 JOINT RESTRAINTS A. Uniflange series 1500 joint restraint for PVC pipelines or approved equal. B. Must meet all pressure testing requirements of ASTM F-1674. C. Materials must meet requirements of ASTM A-536. D. Install per manufacturer's recommendations. 2.12 CONCRETE A. Concrete may be used for blocking the pipe and fittings and shall conform to the concrete specifications, as set forth in the Section 03300 Cast -in -Place Concrete, a minimum compressive strength of 2,800 psi will be acceptable. PART 3 — EXECUTION 3.26 GENERAL N. All pipe_and_accessones shall -be unloaded, handled, laid, jointed, tested for r-, defects and for leakage, and disinfectedinthe manner herein specified. 3.27 INSPECTION O. The pipe, fittings, and accessories shall be inspected upon delivery and during the progress of the Work and any material found to be defective will be rejected by the Engineer, and the Contractor shall remove such defective material from the site of the Work. 3.28 RESPONSIBILITY FOR MATERIALS N. The Contractor shall be responsible for all material furnished and shall replace, at the Contractor's expense, all such material that is found to be defective in manufacture or has become damaged in handling after delivery. 3.29 HANDLING PIPE AND ACCESSORIES N. All pipe, fittings, and other accessories shall, unless otherwise directed, be unloaded at the point of delivery, hauled to and distributed at the site of the Work by the Contractor. In loading and unloading, they shall be lifted by hoists or slid, or rolled on skidways in such a manner as to avoid shock or damage to the materials. Under no circumstances shall they be dropped. Pipe handled on skyways must not be skidded or rolled against pipe already on the ground. O. The pipe, fittings, and accessories shall be placed along the site in such a manner as to be kept as free as possible from dirt, sand, mud, and other foreign matter. 3.30 ALIGNMENT AND GRADE C. All pipe shall be laid and maintained to the lines and grades shown on the plans or as established on the ground by the Engineer. D. The Contractor shall verify horizontal and vertical locations of items critical to the alignment and grade of the proposed water line. Confirm compliance with the Drawings and Specifications. E. Wherever it is necessary to deflect pipe from a straight line either in a vertical or horizontal plane to avoid obstructions, to plumb valves, or where vertical or horizontal curves are shown or permitted, the degree of deflection at each joint shall not exceed the maximum deflection noted on the Drawings. 3.31 MANNER OF HANDLING PIPE AND ACCESSORIES IN TRENCH E. After the trench grade has been completed, all bell holes dug and the grade inspected, the pipes and accessories may be placed in the trench. All pipe and fittings shall be carefully lowered into the trench piece by piece by means of derricks, ropes, or other suitable tools or equipment, in such a manner so as to prevent damage to the material in any way. Under no circumstances shall pipe or accessories be dropped or dumped into the trench. 3.32 CLEANING AND INSPECTING J. Before lowering- into the trench, the pipe shall be again inspected for defects and the pipe, while suspended, shall be lightly hammered to detect cracks. Any defective, damaged, or unsound pipe and materials shall be rejected. K. All foreign matter or dirt shall be removed from the inside of the pipe and from all bells, spigots, or parts of the pipe used in forming the joint, before the pipe is lowered into the trench, and it shall be kept clean by approved means during and after laying. L. At a time when pipe laying is not in progress, the open ends of the pipe shall be closed by approved means, and no trench water shall be allowed to enter the pipe 3.33 LAYING AND JOINTING PVC PIPE D. General: Unless otherwise directed, pipe shall be laid with bells facing in 1__f direction of laying; and for lines on appreciable slopes, bells shall, at the discretion of the Engineer, face up grade. E. Cutting of pipe for inserting fittings or closure pieces shall be done in a neat and workmanlike manner without damage to the pipe or the cement lining. F. The jointing shall be completed for all pipe laid each day, in order not to leave open joints in the trench overnight. At times when pipe laying is not in progress, the open ends of the pipe shall be closed by approved means, and not trench water shall be permitted to enter the pipe. , G. No pipe shall be laid in water, or when the trench conditions or weather are unsuitable for such work, except by permission of the Engineer. H. Before laying the pipes, all lumps, blisters, and excess coating shall be removed from the bell and spigot ends of each pipe; the outside of the spigot and the inside of the bell shall be wire brushed and wiped clean and dry. Pipe ends shall be kept clean until joints are made. I. Defective joints shall be repaired as directed by the Engineer. J. Mechanical Joint Piping: The last eight (8) inches outside of the spigot and inside of the bell of mechanical joint pipe shall be thoroughly cleaned to remove oil, grit, excess coating, and other foreign matter from the joint, and then painted with lubricant recommended by the pipe manufacturer. The cast iron gland shall then be slipped on the spigot end of the pipe with the lip extension of the gland toward the socket or bell end. The rubber gasket shall be painted with lubricant recommended by the pipe manufacturer and placed on the spigot end with the a thick edge toward the gland. a. The entire section of the pipe shall be pushed forward to seat the spigot end in the bell. The gasket shall then be pressed into place within the bell; care { shall be taken to locate the gasket evenly around the entire joint. The gland shall be moved along the pipe into position for bolting, all of the bolts inserted, and the nuts screwed up tightly with the fingers. All nuts shall be tightened with a suitable torque limiting wrench. b. Nuts spaced 180 degrees apart shall be tightened alternately in order to produce an equal pressure on all parts of the gland. �t } K. If water gets in the trench before the joint is completed, or if the pipe is disturbed from line and grade after being laid, the pipe shall be taken up, the joints cleaned and the pipe re-laid. L. Immediately after completion of the jointing, sufficient bedding and backf ill t- material shall be placed around and over the pipe to hold the pipe to line and grade.] r M. Premoulded joints shall be made in accordance with the recommendations of the manufacturer of the pipe. The surfaces ofihe jointing material on both the bell and spigot at each joint shall be wiped with the solvent recommended by the pipe manufacturer. The spigot shall then be firmly forced into the bell using a bar or other similar ]ever and a block of wood to prevent damage to the pipe. 3.34 PLUGGING DEAD ENDS A. Standard plugs shall be inserted into the bells of all dead ends and pipes, tees, or crosses and spigot ends shall be capped. Plugs or caps shall be jointed to the pipe or fittings in the same manner used in jointing the pipe. All plugs and caps shall have horizontal thrust blocks. 3.35 FITTINGS B. Fittings shall be set at the locations shown on the plans or at locations as established by the Engineer, and shall be set and jointed to the pipe in the manner heretofore specified for pipe installations. Concrete blocking shall be provided for all buried fittings. 3.36 SETTING VALVES, VALVE BOXES, FIRE HYDRANTS, AND FITTINGS A. General: Valves and fittings shall be set at the locations shown on the Drawings and shall be set and jointed to the pipe in the manner heretofore specified for pipe installations. All valves shall be hub end as required and all valves buried in the ground shall have a cast iron or precast concrete valve box set over the valve. All valves shall be set vertical, unless otherwise specified, and shall be thoroughly checked for operation prior to installation. After pressure has been applied to the line, stuffing boxes shall be checked for operation prior to installation. After pressure has been applied to the line, stuffing boxes shall be checked and tightened if necessary. B. Valve Boxes: Valve boxes shall be firmly supported and maintained centered and plumb over the wrench nut of the valve, with the box cover flush with the surface of the ground or at such a level as directed by the Engineer. All valve boxes under pavement shall be adjusted to finished pavement grades. -_ C. Fire Hydrants: Fire hydrants shall be located at the points shown on the Drawings. All fire hydrants shall be set plumb, to the grade established on the Drawing, and with the steamer nozzle at right angles to the street. a. The hydrants shall be supported in such a manner as not to cause a strain on the fire hydrant lead or branch. The bowl of the hydrant shall be well braced against unexcavated earth at the end of the trench with concrete blocking. The concrete blocking shall be placed so as not to interfere with the hydrant drains and so that the joints of the flanges are accessible. b. Blocking of gate valves on fire hydrants leads shall be with concrete as shown on the Drawings. c. The hydrants shall be thoroughly cleaned of dirt or foreign matter and checked for operation prior to installation. Drain holes shall not be blocked or sealed. d. Fire hydrants shall be installed and maintained so that the center of the lowest water outlet shall be eighteen (18) inches from the ground. e_ Fire -hydrants shall be installed with the four (4) inch nozzle facing the required_ access way. 3.37 THRUST RESTRAINT A. All fittings, valves and fire hydrants, unless otherwise specified, shall be provided with suitably restrained joints per the manufacturer's recommendation. B. Restrained Joints: restrained push -on or mechanical joints, mechanical joint anchoring fittings, and mechanical joints utilizing setscrew ductile iron retainer glands shall be used in lieu of concrete thrust blocking. Thrust blocking will be allowed only under special circumstances as approved by the Engineer. 3.38 EXCAVATION, TRENCHING, AND BACKFILLING A. Backfill of Excavations. a. Backfill and compaction shall be performed in accordance with COL Ordinance 2007-00122. Backfill around pipe with specified granular bedding material that is free of large rocks, topsoil, debris or other unacceptable material. b. The backfill around the pipe shall be shovel sliced around the haunch of the pipe and mechanically compacted or hand tamped to a point 12 inches above the top of the pipe C. Backfill from 12 inches above the pipe to the finished grade will be as follows: i. For unpaved areas, use excavated material that is free of large rocks, debris or other material determined unsuitable by the Owner's Representative. Backfill shall be placed in maximum six (6) inch lifts and compacted to 95% Standard Proctor Density at +/- 2% optimum moisture content. Each lift shall be tested at a maximum of 500 feet intervals according to ASTM designation D-698. These tests shall be performed by a reputable contractor specializing in geotechnical work and will be at the successful bidder's expense. Copies of these tests shall be provided to the Owners Representative. The City of Lubbock will perform random spot testing at no expense j to the contractor. ii. For paved areas, place Cement Stabilized Backfill (CSB) meeting City of Lubbock Standards under the bottom of the pavement in a j minimum of thickness of 12". The backfill from 12-inches above the top of pipe to the CSB shall be in placed in maximum 6 inch lifts and compacted to 95% Standard Proctor Density. Each lift shall be tested at a maximum of 500 3 feet -intervals according to ASTM designation D- 698* These tests shall be- performed by a reputable contractor specializing in geotechnical work -and will be at the successful bidders expense. Copies of these tests shall be provided to the Owners Representative. The City of Lubbock will perform random spot testing at no expense to the contractor. 3.39 LINE TESTING A. After the pipe is laid and the joints completed, each section or run of piping, shall be tested as specified herein. The Contractor shall bear all costs of providing all equipment, materials, labor, and other incidentals required to test pipe lines as specified herein. The Contractor shall -provide suitable means for filling the lines and developing the required pressure, -in the lines. Testing procedure shall be as follows: a. Duration — The duration of the hydrostatic test -shall be a minimum of four (4) hours. b. Pressure — The pipeline shall be tested so that the pressure at the lowest point in the test section is at least 100 percent, but not greater than 120 percent of the pressure class of the pipe, and the minimum pressure at the highest point in the test section is not less than 85 percent of the pressure class of the pipe. c. Allowable Leakage — The maximum allowable leakage for push -on joints is the number of gallons per hour as determined by the following formula(s): PVC: Ductile Iron: L = ND(P) "= L = SDP '/" 7,400 133,200 where: L = allowable leakage in gallons per hour N = number of joints in length of pipe tested S = length of pipe D = nominal diameter of the pipe in inches P = average of the maximum and minimum pressures within the test section in psi d. Any leakage which becomes evident prior to final acceptance of the project shall be found and repaired to the satisfaction of the Engineer even though the particular line has been previously accepted and tested. 3.40 DISINFECTION OF PIPE LINES A. The Contractor shall furnish all labor, equipment, and materials necessary for the disinfection of all pipe lines, which shall be disinfected before being placed in service. The lines shall be disinfected by the application of a chlorinating agent in accordance with the requirements of AWWA C 651, include the placementof hypochlorite granules in the pipe during construction. B. The Contractor shall notify the Engineer 48 hours inadvanceof disinfection so that the Engineer or Owner's Representative may witness the disinfection activities. C. Quality Assurance: , a. Bacteriological sampling and test will be performed in accordance with the latest requirements of Standard Methods for the Examination of Water and Wastewater. b. The City of Lubbock laboratory will be used for bacteriological testing. D. Chemicals: a. Acceptable disinfectants are liquid and solid forms of hypochlorites. Liquid chlorine gas is not acceptable. b. Acceptable chemicals for neutralizing chlorinated water are liquid and solid forms of sodium bisulfate, sodium sulfite, and sodium thiosulfate. c. The water being used to fill the line shall be controlled to flow into the section to be sterilized very- slowly, and the rate of application of the chlorinating agent shall be proportioned at least fifty (50) parts per million in the water entering the pipe. E. Temporary Facilities: a. Provide temporary taps or blowoffs as required. As a minimum, use a two (2) inch diameter steel pipe and fittings with isolation valves and sampling taps. b. Water used for the initial flushing as well as the final chlorination shall be introduced into the pipeline through a corporation stop or other approved connection inserted in the horizontal axis of the newly laid pipe. c. No connection to the existing distribution system is allowed until the pipeline has passed all bacteriological testing. F. Final Flushing: a. Flush the water system of the highly chlorinated water within twenty-four (24) hours of initial chlorination. b. Flush water in a location and manner approved by the Engineer. c. Neutralize the highly chlorinated water to a maximum free chlorine residual of 1.0 mg/L. G. Sampling and Analysis: a. Collect bacteriological samples at intervals no more than 1000 feet and one (1) sample from each end of the pipeline in the presence of the Engineer or Owner's representative. b. The Owner's representative or the Engineer shall deliver the samples to the City of Lubbock Health Department or the City of Lubbock Water Treatment Laboratory for analysis. c. Collect samples after the initial disinfection and after the facilities have been filled with chlorinated water and a free chlorine residual of at least 0.5 mg/L has been detected. H. Acceptance: a. Facilities will be considered properly disinfected when two (2) consecutive sets of acceptable bacteriological samples, taken at least twenty-four (24) hours apart, have indicated the absence of coliform organisms. ' b. After acceptance by the Engineer, remove all temporary facilities and properly plug test taps. The pipeline may then be connected to the City of Lubbock water distribution system. i 3.15 INSTALLATION OF STEEL PIPE CASING AND-PIP-E IN -CASING A. Installation of the casing pipe sleeves shall be accomplished by boring as specified herein. Equipment used shall be such size and capacity as to allow the placement of the casing to proceed in a safe and expeditious manner. Installation of the casing and the excavation and removal of the materials within the casing shall proceed simultaneously. B. The boring shall proceed from a pit provided for the boring equipment and workers. Excavation and location of the pit shall be approved by the Engineer and County as appropriate. Boring without the concurrent installation of the casing pipe will not be permitted. The use of water or other fluids in connection with the boring operation will be permitted only to the extent of lubricating cuttings. Jetting will not be permitted. Overcutting in excess of one (1) inch shall be remedied by concrete pressure grouting the entire length of the installation. All casing pipe joints shall be welded. Care shall be taken to keep the pipe sleeve on the proper line and grade. C. After the casing pipe has been jacked and bored and is accepted by the Engineer, the pipe shall be shoved through the casing. The pipe shall be pushed or pulled through the casing by exerting pressure on the barrel of the pipe and not on the bell, and shall be done in such a manner that the joint is always in compression during the shoving operation. 3.16 PIPE IDENTIFIERS A. Marking Tape: All pipes installed in an open trench will be identified with the \' appropriate color and description of three (3) inch wide pipe identification tape. Install the tape parallel to the pipe it identifies at a distance above the pipe of twelve (12) to eighteen (18) inches. Above non-metallic (PVC) pipe material, install a tape detectable with a metal detector from the top of finished grade. Install detectable tape as deep as it can be detected but no closer to the non- metallic pipe than twelve (12) inches. 3.41 CLEANUP A. The backfill shall be rounded up over the trench sufficiently to allow for future settlement and any excess dirt shall be removed from the site. B. The Contractor shall maintain the trench surfaces in a satisfactory manner until final completion and acceptance of the Work. The maintenance shall include blading from time to time as necessary, filling depressions caused by settlement, and other work required to keep areas in a presentable condition. END OF SECTION SECTION 02741 HOT -MIX ASPHALT PAVING PART 1 — GENERAL 1.56 RELATED DOCUMENTS N. Drawings and general provisions of the Contract, including General and Supplementary Conditions and Division 1 Specification Sections, apply to this Section. O. Section 01400 — Quality Requirements 1.57 SUMMARY V. This Section includes the following: a. Hot -mix asphalt paving. b. Hot -mix asphalt patching. c. Asphalt surface treatments. d. Pavement -marking paint. e. Cold milling of existing hot -mix asphalt pavement. 1.58 DEFINITIONS A. Hot -mix Asphalt Paving Terminology: Refer to ASTM D 8 for definitions of terms. B. TxDOT: Texas Department of Transportation "Standard Specifications for Construction and Maintenance of Highways, Streets, and Bridges", 2004. 1.59 REFERENCES A. AASHTO T 102 — Spot Test of Asphaltic Materials. B. AASHTO T 245 — Resistance to Plastic. Flow of Bituminous Mixtures Using Marshall Apparatus. C. AASHTO M 248 — Standard Specification for Ready -Mixed White and Yellow Traffic Paints. D. Al MS-2 — Mix Design Methods for Asphalt Concrete and Other Hot -Mix Types. E. Al MS-22 — Construction of Hot -Mix Asphalt Pavements. F. ASTM C 29/C 29M — Unit Weight and Voids in Aggregate. G. ASTM C 88 — Soundness of Aggregates by Use of Sodium Sulfate or a; Magnesium Sulfate. H. ASTM C 117 — Materials Finer than 75-Micrometer (No. 200) Sieve in Mineral Aggregates by Washing. 1. ASTM C 127 — Specific Gravity and Absorption of Coarse Aggregate. J. ASTM C 128 — Specific Gravity and Absorption of Fine Aggregate. K. ASTM C 131 — Resistance to Degradation of Small -Size Coarse Aggregate by Abrasion and Impact in the Los Angeles Machine. L. ASTM C 136 — Sieve Analysis of Fine and Coarse Aggregate. M. ASTM C 188 — Density of Hydraulic Cement. N. ASTM D 70 — Specific Gravity of Semi -Solid Bituminous Materials. 0. ASTM D-75 — Sampling Aggregates. P, ASTM D 242 — Mineral Filler for Bituminous Paving Mixtures. Q. ASTM D 546 — Sieve Analysis of Mineral Filler for Road and Paving Materials. R. ASTM D 692 — Coarse Aggregate for Bituminous Paving Mixtures. S. ASTM D 854 — Specific Gravity of Soils. T. ASTM D 946 — Penetration -Graded Asphalt Cement for Use in Pavement Construction. U. ASTM D 979 — Sampling Bituminous Paving Mixtures. V. ASTM D 995 — Mixing Plants for Hot -Mixed, Hot -Laid Bituminous Paving Mixtures. W. ASTM D 1073 — Fine Aggregate for Bituminous Paving Mixtures. X. ASTM D 1075 — Effect of Water on Cohesion of Compacted Bituminous Mixtures. Y. ASTM D 1188 — Bulk Specific Gravity and Density of Compacted Bituminous Mixtures Using Paraffin -Coated Specimens. Z. ASTM D 1559 — Resistance to Plastic Flow of Bituminous Mixtures Using Marshall Apparatus. AA. ASTM D 2027 — Standard Specification for Cutback Asphalt. BB. ASTM D 2041 — Theoretical Maximum Specific Gravity and Density of Bituminous Paving Mixtures. CC. ASTM D 2172 — Quantitative Extraction of Bitumen from Bituminous Paving Mixtures. DD. ASTM D 2726 — Bulk Specific Gravity and Density of Non -Absorption Compacted Bituminous Mixtures. EE. ASTM D 2950 — Standard Test Method for Density of Bituminous Concrete in Place by Nuclear Methods. FF. ASTM D 3381 — Viscosity -Graded Asphalt Cement for Use in Pavement Construction. GG. ASTM D 3405 — Standard Specification for Joint Sealants, Hot Applied, for Concrete and Asphalt Pavements. HH. ASTM D 3549 — Standard Test Method for Thickness or Height of Compacted Bituminous Paving Mixture Specimens. II. TEX-126-E — Molding, Testing, and Evaluating Bituminous Black Base Materials. JJ. TEX-204-F — Design of Bituminous Mixtures. KK. TEX-224-F — Determining Flakiness Index. LL. TxDOT Item 300 — Asphalt, Oils, and Emulsions. MM. TxDOT Item 301 — Asphalt Antistripping Agents. NN. TxDOT Item 340 — Specification for Hot -Mix Asphaltic Concrete Pavement. 00. TxDOT Item 345 — Specification for Asphaltic Stabilized Base. PP. TxDOT Item 662 — Work Zone Pavement Markings. QQ. TxDOT Item 666 — Reflectorized Pavement Markings. RR. TxDOT Item 672 — Raised Pavement Markers. SS. City of Lubbock Specifications — City of Lubbock Street/Drainage Engineering Standard Specifications. 1.60 SUBMITTALS A. Product Data: a. For each type of product indicated, include technical data and -tested physical and performance properties. B. Job Mix Designs: a. Submit a job -mix design, for approval prior to preparing and placing the bituminous mixture. Design mix using procedures contained in Chapter III, Marshall Method of Mix Design, of Al MS2. Formulas shall indicate physical properties of the mixes as shown by the tests made by a commercial laboratory approved by the Engineer, using materials identical to those to be provided on this project. Submit formulas with material samples. Job -mix formula for each mixture shall be in effect until modified in writing by the Contractor and approved by the Engineer. Provide a new job -mix formula for each source change. Job mix shall be for this specific project. Job mixes developed for other projects, although they may have similar requirements, will be rejected without review. C. Qualification Data a. Submit qualifications for product manufacturers. D. Material Test Reports a. Specific gravity test of asphalt b. Coarse aggregate tests c. Weight of slag test d. Percent of crushed pieces in gravel e. Fine aggregate tests f. Specific gravity of mineral filler g. Bituminous mixture tests h. Aggregates tests i. Bituminous mixture tests j. Aggregates tests k. Bituminous mix tests 1. Pavement courses E. Product Submittals a. Pavement marking materials. 1.61 QUALITY ASSURANCE A. Testing Agency Qualifications: Qualified according to ASTM D 3666 for testing indicated, as documented according to ASTM E 548. B. Asphalt Paving: Comply with TxDOT Item 345 "Asphalt Stabilized Base" (Plant Mix) unless other requirements are indicated herein, for asphalt -stabilized base. Comply with TxDOT Item 340 "Hot Mix Asphaltic Concrete Pavement' for hot mix wearing course unless other requirements are indicated herein. C. Required Data a. Job -mix formula shall show the following: i. Source and proportions, percent by weight, of each ingredient of the mixture. ii. Correct gradation, the percentages passing each size sieve listed in the specifications for the mixture to be used, for the aggregate and mineral filler from each separate source and from each different size to be used in the mixture and for the composite mixture. iii. Amount of material passing the No. 200 sieve determined by dry sieving. iv. Number of blows of hammer compaction per side of molded specimen. v. Temperature viscosity relationship of the asphalt cement. vi. Stability, flow, percent voids in mineral aggregate, percent air voids, unit weight. vii. Asphalt absorption by the aggregate. viii. Effective asphalt content as percent by weight of total mix. ix. Temperature of the mixture immediately upon completion of mixing x. Asphalt viscosity grade and/or penetration range. xi. Curves for the asphalt stabilized base and hot mix asphalt paving courses. 1.62 DELIVERY, STORAGE, AND HANDLING A. Inspect materials delivered to the site for damage and store with a minimum of handling. Store aggregates in such a manner as to prevent segregation, contamination, or intermixing of the different aggregate sizes. 1.63 PROJECT CONDITIONS A. Environmental Limitations: Do not apply asphalt materials if subgrade is wet or excessively damp or if the following conditions are not met: a. Prime and Tack Coats: Minimum surface temperature of 60 degrees Fahrenheit b. Asphalt Base Course: Minimum surface temperature of 40 degrees Fahrenheit and rising at time of placement. c. Asphalt Surface Course: Minimum surface temperature of 60 degrees Fahrenheit at time of placement. 1.64 MIXING PLANT A. Provide mixing plant capable of meeting the needs of the project. B. At no time shall the plant hinder the progress of the project. PART 2 — PRODUCTS 2.7 MATERIALS U. Aggregate General: Use materials and gradations that have performed satisfactorily in previous installations. a. Coarse Aggregate — Coarse aggregate shall conform to ASTM D 692. i. The coarse aggregate shall be the materials retained on a No. 4 sieve, and shall consist of clean, tough, durable fragments of crushed stone of uniform quality. Mixing or combining of crushed gravel and crushed stone will not be permitted. Coarse aggregate shall be crushed to the extent that produces a minimum of fifty-five (55) percent crushed faces for Type "C" HMAC as defined by the City of Lubbock paving specifications when tested in accordance with ASTM D 692. LTA W " ii. Coarse aggregate shalLhave a minimum loss of fifteen (15) percent when subjected to four (4) cycles of the Magnesium Sulfate Soundess Test ASTM C 88. The amount of organic matter, clays, loams, or particles coated therewith, of other undesirable materials shall not exceed two (2) percent. When subjected to the Los Angeles Abrasion test, -the coarse aggregate shall not have -a-loss greater than forty (40) percent by weight. iii. Coarse aggregate may be enhanced by the addition of crushed concrete (Class A minimum). The crushed concrete shall be processes and blended at the Contractor's batch plant. The material shall be processed to remove wood, steel, and other objectionable materials so as to produce_a crushed aggregate in conformance with these specifications. b. Fine Aggregate — Fine aggregate shall conform to ASTM D 1073. i. The fine aggregate shall be that part of the material passing the No. 4 sieve and shall consist of sand and/or screenings. The plasticity index of that part of the sand passing -the No. 40 sieve shall not exceed six (6). The plasticity index of the screenings shall not exceed nine (9). ii. Sand shall be composed of durable stone particles free from injurious foreign matter. Screenings shall be of the same or similar material as specified for coarse aggregate. c. Mineral Filler i. Mineral filler shall conform to ASTM D 242 and consist of thoroughly dry stone dust, Portland cement, or other material dust approved by the Engineer. The mineral filler shall be free from foreign and other injurious matter and shall meet the following gradation: 1. Percent by Weight Retained on No. 30 Sieve — 0 2. Percent by Weight Retained on No. 80 Sieve — 10 maximum 3. Percent by Weight Retained on No. 200 Sieve — 35 maximum Asphalt a. Asphalt shall be AC 10 with Latex (3% by weight of asphalt), or performance grade 64-28 S or L, AASHTO Performance Graded Binder Specification (MP1). b. The Contractor shallnotifythe Engineer of the source of the asphaltic material for approval prior to production of the asphaltic mixture. c. The optimum asphalt content shall be determined by the Marshall Stability method. d. The percent asphalt content in HMAC surface shall be optimum as indicated by Marshall Stability optimum plus 0.25% for Type "C" HMAC as defined by City of Lubbock paving specifications. e. The asphalt content of the paving mixture shall not be below optimum, or vary from the specified design asphalt content by more than plus 0.30% dry weight, based on total mixture. Prime Coat a. The surface shall be primed using an application of 0.20 to 0.30 gallons per square yard of MC asphalt conforming to ASTM D 2027 — MC 30. Tack Coat Y. Z. AA a. The asphaltic material for tack coat shall meet the requirements_ for Cut -Back Asphalt RC-250, slow rate cure SS-1 emulsified asphalt, or medium rate cure MS-1 emulsified asphalt.-} Joint Sealant a. ASTM D 3405 or AASHTO M 301, hot -applied, single -component, polymer -modified bituminous sealant. Emulsified Asphalt Sealer y a. The surface coat shall be sealed using a 15/85 mix of MS-2 (or 20/80 SS-1) liquid anionic asphalt and distilled water at a rate of 0.10 to 0.12 gallons per g__t square yard of surface. Mix Design a. Hot -Mix Asphalt: Dense, hot -laid, hot -mix asphalt plant mixes approved by authorities having jurisdiction; designed according to procedures in Al MS-2 "Mix Design Methods for Asphalt Concrete and Other Hot -Mix Types"; and complying with the following requirements: i. Provide mixes with a history of satisfactory performance in geographical area where Project is located. b. Base Course i. Asphalt stabilized base shall consist of a compacted mixture of graded gravel aggregate and asphalt cement mixed hot in a mixing plant in accordance with these specifications. Unless otherwise specified, the materials and construction shall conform to TxDOT Item 345 "Asphalt Stabilized Base" (Plant Mix). ii. The Contractor shall provide a current mix design using the approved materials indicating gradation and optimum asphalt content. The aggregate mixture shall conform to the following master gradation: I - Sieve Size 1 1 1/2" 3/4" 1/2" No. 4 No. 40 Percent Retained by Weight 1 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: Liquid Limit shall not exceed: 45 Plasticity Index shall not exceed: 15 Linear Shrinkage shall not exceed: 5 iii. The mineral aggregate shall not contain more than 0.5% moisture prior to entering the pugmill for mixing with asphalt. iv. The ASB mixture shall consist of a uniform mixture of mineral aggregate and asphaltic material. The mineral aggregate shall conform to the gradation requirements specified. The percent asphaltic material shall be determined in accordance with Test Method Tex-126-E or Test Method Tex-204-F and procedures outlined in TxDOT Bulletin C-14. In no case shall the asphalt content be less than four (4) percent or more than nine (9) percent by weight. Asphalt for the mixture shall meet the requirements of TxDOT Item 300 "Asphalt, Oils, and Emulsions". The grade of asphalt and source must be approved by the Engineer prior to use. c. Surface Course i. Hot mix asphalt concrete surface shall consist of a compacted mixture of coarse aggregate, fine aggregate, mineral filler (if j 'r ., required), and asphalt cement mixed hot in- a mixing plant -in accordance with these specifications. Unless otherwise -specified, the materials and construction shall conform to TxDOT Item 340 "Hot t Mix Asphaltic Cement Pavement". ii. The combined mineral aggregate, after final processing by the mixing plant and prior to addition of asphalt and mineral filler, shall have a sand equivalent value of not less than forty-five (45) when ~' tested in accordance with Test Method Tex-203-F. The percent of flat or elongated slivers of stone for any aggregate shall not exceed twenty-five (25) percent when tested in accordance with Test Method Tex-224-F. iii. Asphaltic mixtures with aggregates which exhibit stripping characteristics shall be conditioned with either lime or anti -stripping agent approved by the Engineer. Anti -stripping agents shall meet the requirements of TxDOT Item 301 "Asphalt Antistripping Agents", and shall be added at the manufacturer's recommended dosage and temperature range. d. Type "C" Hot Mix Asphaltic Concrete (HMAC) as defined by the City of Lubbock paving specifications shall be used for asphalt paved street repairs on this project. The Contractor shall provide a current HMAC mix design using the approved materials indicating gradation and optimum asphalt content. The aggregate mixture shall conform to the following master gradation: Type "C" Coarse Graded Surface Course Percent passing 7/8" 100 Percent passing 5/8" 98-100 Percent retained on 3/8" 12-25 Percent retained on No. 4 15-30 Percent retained on No. 10 12-30 Total Percent Retained on No. 10 53-65 Percent retained on No. 40 10-20 Percent retained on No. 80 5-15 Percent retained on No. 200 5-I5 Percent passing No. 200 1-6 Material passing the No. 40 sieve shall be known as soil binder and shall meet the following requirements: Liquid Limit shall not exceed: 45 Plasticity Index shall not exceed: 15 Linear Shrinkage shall not exceed: 5 e. The mineral aggregate shall not contain more than 0.5 percent moisture prior Y L to entering the pugmill for mixing with asphalt. f. The HMAC mixture shall consist of a uniform mixture of mineral aggregate and asphalt material. The percent asphalt in the mixture shall be determined to meet the Marshall Stability criteria as follows: Marshal Criteria ]:-Type "C" No. Blows(each-endof specimen) 75 Stability (lb.) 1500 Flow (units of 0.01 inch) 8 min. 16 max. Percent Air Voids 2 min 5 max Molding temperature for Marshal Criteria shall be 275 degrees Fahrenheit. PART 3 — EXECUTION 3.42 EXAMINATION O. Verify that subgrade is dry and in suitable condition to support paving and imposed loads. P. Proof -roll subbase using heavy, pneumatic -tired rollers to locate areas that are unstable or that require further compaction. Q. Proceed with paving only after unsatisfactory conditions have been corrected. R. Surface shall be clean and free of loose dirt, rock, and any other foreign matter. 3.43 PRIME COAT P. Application a. Immediately following the surface preparation, apply the bituminous material by means of the bituminous distributor. Apply the bituminous material at a pressure range of twenty-five (25) to seventy-five (75) pounds per square inch within the temperature limits specified herein, and at a rate of not less than 0.20 gallon nor more than 0.30 gallon of bituminous material per square yard. Apply the bituminous material so that uniform distribution is obtained over the entire surface to be treated with slight puddling on the surface. Unless the distributor is equipped to obtain satisfactory results at the junction of previous and subsequent applications, spread building paper on the surface of the applied material for a sufficient distance back from the ends of each application, so that flow from the sprays may be started and stopped on the paper, and so that all sprayers will operate at full force on the surface to be treated. Immediately after the application, remove the building paper and apply bituminous material to spots missed by the distributor. Q. Curing a. Following the application of bituminous material, allow the surface to cure without being disturbed for a period of not less than forty-eight (48) hours or longer as may be necessary, to attain penetration into the foundation course and evaporation of the volatiles from the bituminous material. Furnish and spread enough sand to effectively blot up and cure excess bituminous material. Maintain the primed surface until the succeeding layer of pavement is placed by protecting the surface against damage and by repairing and repriming deficient areas. R. Temperature a. Maintain application temperature between 68 and 149 degrees Fahrenheit. S. Protection a. Keep traffic off surfaces freshly treated with bituminous material. Provide sufficient warning signs and barricades to prevent traffic over freshly treated surfaces. i l ++i , C 3.44 TACK COAT O. Application a. Apply thetackcoat when -the -surface -to -be -treated is dry. Immediately following the preparation of the surface for treatment, apply the bituminous material by means of the bituminous distributor, within the limits of temperature specified herein and at a rate of not less than 0.05 gallon nor more than 0.15 gallon of diluted emulsion per square yard. Apply the bituminous material so that uniform distribution is obtained over the entire surface to be treated. Treat lightly coated areas and spots missed by the distributor with the bituminous material. Following the application of bituminous material, allow the surface to cure without being disturbed for a period of time necessary to permit setting of the tack coat. Apply the bituminous tack coat only as far in advance of the placing of the overlying .'' layer as required for that day's operation. Maintain and protect the treated surface from damage until the succeeding course of pavement is placed. P. Temperature a. Maintain application temperature between 122 and 185 degrees Fahrenheit. Q. Material Test a. Perform spot test for asphalt in accordance with AASHTO T 102 on each shipment. R. Traffic Controls a. Keep traffic off surfaces freshly treated with bituminous material. Provide sufficient warning signs and barricades to prevent traffic over freshly treated surfaces. 3.45 ASPHALT STABILIZED BASE COURSE (ASB) P. ASB shall not be placed when air temperature as reported by the National Weather Service is below 45 degrees Fahrenheit and falling. Q. ASB shall be placed at a temperature between 255 and 285 degrees Fahrenheit during the months of June, July, and August. During other months, ASB shall be placed at a temperature between 275 and 325 degrees Fahrenheit. R. Any ASB material that is above or below the specified temperature range may be rejected. No payment will be made for any rejected material. S. ASB shall be placed and compacted in three (3) inch lifts, unless otherwise directed by the Engineer. The material shall be placed in such a manner that when properly compacted the finished course is smooth, of uniform density, and in conformance with required cross -sections and grades. 3.46 SURFACE COURSE F. HMAC shall be placed with a minimum compacted thickness of 1 1/2 inches unless otherwise shown on the plans. G. Laying of HMAC shall not start until sunrise, and must stop one hour before sunset. H. Air temperature requirements as follows: a. November -1 to April 1 — HMAC shall not be placed when the air temperature is below_55 degrees_ Fahrenheit and falling. HMAC may be placed when the air temperature is above 50 degrees Fahrenheit and rising. b. April 1 to November 1 — HMAC shall not be placed when the air temperature is below 50 degrees Fahrenheit -and -falling. HMAC may be placed when the, air temperature is above 45 degrees Fahrenheit and rising. c. Air temperature shall be determined by the National Weather Service hourly report. L If the temperature of any HMAC, measured while passing through the laydown machine, is 25 degrees Fahrenheit more or less than the mixing temperature, that load shall be rejected. No payment will be made for rejected material. J. The asphaltic mixture shall be dumped and spread on the approved prepared surface using an approved spreading and finishing machine. The material shall be placed in such a manner than when properly compacted the finished course is smooth, of uniform density, and in conformance with the cross -sections and grades shown on the associated plans. K. Raking loose material back across the HMAC mat will not be permitted. L. Wings of the laydown machine may not be dumped unless they are dumped after every load. M. A level up course, 1/2 inch or more in thickness, shall require the use of ASB or a coarse grade of HMAC approved by the Engineer. N. When the asphaltic mixture is placed in a small area where use of a finishing machine is not practical, the Contractor may use other methods approved by the Engineer provided a satisfactory surface can be obtained. O. Adjacent to curbs, gutters, or other flush structures, the surface shall be finished uniformly high so that when compacted it will be 1/4 inch above the curb or flush structure. P. 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 days work shall be made to ensure a continuous bond between the old and new sections of the course. The transverse edges of old pavement and, if required by the Engineer, the successive day's pavement shall be cut with an approved concrete saw to expose an even vertical surface for the full thickness of the course. All contact surfaces of previously constructed pavement shall be painted with a thin uniform coat of hot bituminous material (tack coat) before the fresh mixture is placed. Q. Rolling with three (3) wheel and tandem rollers shall start longitudinally at the sides and proceed toward the center of the pavement, overlapping on successive i trips by at least half the width of the rear wheels. Alternate trips of the roller shall be slightly different in length. On super elevated curves, rolling shall begin at the low side and progress toward the high side. R. The motion of the rollers shall be slow enough to avoid displacement of the mixture. Rollers shall not be permitted to stand on pavement which has not fully compacted. Any displacement of the mixture shall be corrected immediately by the use of rakes and fresh mixture were required. S. Places inaccessible to the rollers may be compacted using lightly oiled tamps. Limited areas where required compaction cannot be obtained using a three (3) wheel roller shall be compacted with a trench type roller. T. The surface of the pavementaftercompaction shall be smooth and true to the established line, grade, and cross-section. When tested with a ten (10) foot straight edge placed parallel to the centerline of the roadway, or other means I t L: acceptable to the Engineer, the maximum deviation shall not exceed 1/8 inch in P g ten (10) feet. An acceptable ten (10) foot straight edge shall be provided by the Contractor. Any point in the surface not meeting this requirement shall be corrected as directed by the Engineer. When placed on existing surfaces, the 1/8 inch maximum deviation requirements may be waived by the Engineer. 3.47 JOINTS F. Construct joints to ensure a continuous bond between adjoining --paving sections. Construct joints free of depressions with same texture and smoothness as other sections of hot -mix asphalt course. a. Clean contact surfaces and apply tack coat to joints. b. Offset longitudinal joints, in successive courses, a minimum of six (6) inches. c. Offset transverse joints, in successive courses, a minimum of twenty-four (24) inches. d. Construct transverse joints as described in Al MS-22, "Construction of Hot Mix Asphalt Pavements". e. Compact joints as soon as hot mix asphalt will bear roller weight without excessive displacement. f. Compact asphalt joints to a density within two (2) percent of specified course density. 3.48 COMPACTION M. General: Begin compaction as soon as placed hot mix paving will bear roller weight without excessive displacement. Compact hot mix paving with hot, hand tampers or vibratory plate compactors in areas inaccessible to rollers. a. Complete compaction before mix temperature cools to 185 degrees Fahrenheit. N. Breakdown Rolling: Complete breakdown or initial rolling immediately after rolling joints and outside edge. Examine surface immediately after breakdown rolling for indicated crown, grade, and smoothness. Correct laydown and rolling operations to comply with requirements. O. Intermediate Rolling: Begin intermediate rolling immediately after breakdown rolling while hot mix asphalt is still hot enough to achieve specified density. Continue rolling until hot mix asphalt course has been uniformly compacted to the following density: a. Average Density: ninety-six (96) percent of reference laboratory density according to AASHTO T 245, but not less than ninety-four (94) percent nor greater than one hundred (100) percent. P. Finish Rolling: Finish roll paved surfaces to remove roller marks while hot mix asphalt is still warm. Q. Edge Shaping: While surface is being compacted and finished, trim edges of pavement to proper alignment. Bevel edges while asphalt is still hot, compact thoroughly. R. Repairs: Removed paved areas that are defective or contaminated with foreign materials and replace with fresh, hot mix asphalt. Compact by rolling to specified density and surface smoothness. S. Protection: After final rolling, do not permit vehicular traffic on pavement until is has cooled and hardened. T. Erect barricades to protect paving from traffic until mixture has cooled enough not to become marked. 3.49- - INSTALLATION TOLERANCES N. Thickness: Compact each course to produce the thickness indicated within the following tolerances: a. Base Course: Plus or minus 1/2 inch. b. Surface Course: Plus 1/4 inch, no minus O. Surface Smoothness: Compact each course to produce a surface smoothness within the following tolerances as determined by using a ten (10) foot straight edge applied transversely or longitudinally to paved areas: a. Base Course: 1/4 inch b. Surface Course: 1/8 inch c. Crowned Surfaces: Test with crowned template centered and at right angle to crown. Maximum allowable variance from template is 1/4 inch. 3.50 PAVEMENT MARKING C. Work Zone Pavement Marking — See Section 01555 — Barricades, Signs, and Traffic Handling, paragraph 2.2. D. Permanent Pavement Markings a. All permanent pavement markings shall be Reflectorized multiploymer (Modified Urethane) applied in accordance with manufacturer's recommendations including surface preparation. b. Permanent pavement markings including raised pavement markers shall be identical in size, shape, color, and location to pavement markings that exist prior to commencing the Work. c. Before removing existing pavement markings or existing paving, the Contractor shall inventory existing paving markings. The inventory shall include all information necessary to replace the markings in their original location following pavement reconstruction. d. Materials and installation for surface markings shall be in accordance with TxDOT Item 666, except markings may be applied between September 31 and March 1 if temperature and moisture limitations are not exceeded. e. Materials and installation for raised pavement markers shall be in accordance with TxDOT Item 672, Class B. E. Elimination of Pavement Markings a. Existing pavement markings and raised pavement markers that are in conflict with work zone pavement markings shall be removed. -- b. Work zone markings that are not eliminated by street construction performed by the Contractor shall be removed as described in this paragraph. c. Approved methods for removal of markings on asphalt surfaces: (_t I. Surface treatment application at least two (2) feet in width. ii. Water or water -sand blasting. iii. Other methods proven to be successful to the Owner. x d. Approved methods for removal of markings on concrete surfaces: I. Burning performed in such a manner that does not damage concrete. i ((f i 3 ii_ Water or water -sand blasting. iii. Other methods proven to be successful to the Owner. e. Removal of raised pavement markers and adhesive shall be by mechanical methods. 3.51 FIELD QUALITY CONTROL H. Testing Agency: The Contractor shall perform field tests and inspections and prepare test reports. a. Testing agency will conduct and interpret tests and state in each report whether tested work complies -with or deviates from specified requirements. 1. Additional testing and inspecting, at Contractor's expense, will be performed to determine compliance or replaced or additional work with specified requirements. J. Thickness: In -place compacted thickness of hot mix asphalt courses will be determined according to ASTM D 3549, K. Surface smoothness: Finished surface of each hot mix asphalt course will be tested for compliance with smoothness tolerances. L. In -Place Density: Testing agency will take samples of uncompacted paving mixtures and compacted pavement according to ASTM D 979 and AASHTO T 168. a. Reference maximum theoretical density will be determined by averaging results from four (4) samples of hot mix asphalt paving mixture delivered daily to site, prepared according to ASTM D 2401, and compacted according to job mix specifications. b. In -place density of compacted pavement will be determined by testing core samples according to ASTM D 1188 or ASTM D 2726. i. One (1) core sample will be taken for every 2000 square yards or less of installed pavement. M. Remove and replace or install additional hot mix asphalt where test results or measurements indicate that it does not comply with specified requirements. N. Owner may elect to take confirmation tests at Owner's expense. The Contractor shall cooperate with Owner's testing agency. Failing tests taken at Owner's direction shall be charged to the Contractor. Failing test charges shall include pro-rata technician charges, actual failing test charge, pro-rata mileage charge, and other pro -rated charges. 3.52 DISPOSAL B. Dispose of excess materials in accordance with the requirements of Section 01576 — Waste Material Disposal. a. Do not allow excavated materials to accumulate on site. END OF SECTION SECTION 03300 CAST -IN -PLACE CONCRETE PART 1— GENERAL 1.65 RELATED DOCUMENTS P. Drawings and general provisions of the Contract, including General Conditions and Division 1 Specification Sections, apply to this Section. 1.66 SUMMARY W. This Section includes, but is not limited to cast -in -place concrete, including formwork, reinforcing, mix design, placement procedures, curing, and finishes. 1.67 DEFINITIONS C. Cementitious Materials: Portland cement alone or in combination with one or more of blended hydraulic cement, fly ash or other pozzolans, ground granulated blast -furnace slag, and silica fume. 1.68 SUBMITTALS F. Product Data: For each type of manufactured material and product indicated. G. Design Mixes: For each concrete mix, include alternate mix designs when characteristics of materials, project conditions, weather, test results, or other circumstances warrant adjustments. a. Indicate amounts of mix water to be withheld for later addition at Project site. Water added at project site will not be permissible without paperwork showing how much water has been withheld. 1.69 QUALITY ASSURANCE D. Installer Qualifications: An experienced installer who has completed concrete ' work similar in material, design, and extent to that indicated for this Project and whose work has resulted in construction with a record of successful in-service performance. -x E. Manufacturer Qualifications: A firm experienced in manufacturing ready -mixed concrete products complying with ASTM C 94 requirements for production facilities and equipment. a. Manufacturer must be certified according to the National Ready Mixed Concrete Association's Certification of Ready Mixed Concrete Production Facilities. F. Source Limitations: Obtain each type or class of cementitious material of the same brand from the same manufacturer's plant, each aggregate from one source, and each admixture from the same manufacturer. G. ACI Publications: Comply with the following, unless more stringent provisions are indicated: a. AC1301 — Specification for Structural Concrete b. ACI -1-17 Specifications forTolerancesfor Concrete Construction and Materials. 1.70 DELIVERY, STORAGE, AND HANDLING B. Deliver, store, and handle steel reinforcement to prevent bending and damage. a. Avoid damaging coatings on steel reinforcement. PART 2 — PRODUCTS 2.8 FORM -FACING MATERIALS BB. Smooth -Formed Finished Concrete: _Form -facing panels that will provide continuous, true, and smooth concrete surfaces. Furnish in largest practicable sizes to minimize number of joints. a. Plywood, metal, or other approved panel material. CC. Rough -Formed Finished Concrete: Plywood, lumber, metal, earth, or another approved material. Provide lumber dressed on at least two edges and one side for tight fit. DD. Chamfer Strips: Wood, metal, PVC, or rubber strips,'/4 by'/4 inch, minimum. EE. Form -Release Agent: Commercially formulated form -release agent that will not bond with, stain, or adversely affect concrete surfaces and will not impair subsequent treatments of concrete surfaces. a. Formulate form -release agent with rust inhibitor for steel form -facing materials. FF. Form -Ties: Factory -fabricated, removable or snap -off metal or glass -fiber - reinforced plastic form ties designed to resist lateral pressure of fresh concrete on forms and to prevent spalling of concrete on removal. a. Furnish units that will leave no corrodible metal closer than one (1) inch to the place of the exposed concrete surface. b. Furnish ties that, when removed, will leave holes less than one (1) inch in diameter in concrete surface. c. Furnish ties with integral water -barrier plates to walls indicated to receive damp proofing or waterproofing. 2.9 STEEL REINFORCEMENT J. Reinforcing Bars: ASTM A 615, Grade 60, deformed 2.10 REINFORCEMENT ACCESSORIES C. Bar Supports: Bolsters, chairs, spacers, and other devices for spacing, f supporting, and fastening reinforcing bars and welded wire fabric in place. Manufacture bar supports according to CRSI's Manual of Standard Practice from steel wire, plastic, and as follows: a. For concrete surfaces exposed to view, where legs of wire bar supports - contact forms, use CRSI Class 1 plastic -protected or CRSI Class 2 stainless - steel bar supports. b. For slabs -on -grade, use supports with sand plates or horizontal runners where base material will not support chair legs. c. Wood, concrete, or clay blocks are not permissible. $ D. Joint Dowel Bars: Plain -steel bars, ASTM A_615, Grade -60,--Cut- bars --true -to length with _ends -square and free of burrs. 2.11 CONCRETE MATERIALS A. Portland Cement: ASTM C 150, Type I. a. Fly Ash: ASTM C 618, Class C. B. Normal -Weight Aggregate: ASTM C 33, uniformly graded, and as follows: a. Class: Moderate weathering region, but not less than 3M. C. Water: Potable and complying with ASTM C 94. 2.12 ADMIXTURES D. General: Admixtures certified by manufacturer to contain not more than 0.1 percent water-soluble chloride ions by mass of cementitious material and to be compatible with other admixtures and cementitious materials. Do not use admixturescontaining calcium chloride. E. Air -Entraining Admixture: ASTM C 260. F. Water -Reducing Admixture: ASTM C 494, Type A. G. High -Range, Water -Reducing Admixture: ASTM C 494, Type F. H. Water -Reducing and Accelerating Admixture: ASTM C 494, Type E. I. Water -Reducing and Retarding Admixture: ASTM C 494, Type D. J. Moisture Retaining Film: Dayton Superior — Sure Film J-74. 2.13 CURING MATERIALS A. Clear, Waterborne, Membrane -Forming Curing Compound: ASTM C 309, Type 1, Class B. B. Curing blankets approved by the Engineer. 2.14 REPAIR MATERIALS A. Repair Underlayment: Cement -based, polymer -modified, self -leveling product that can be applied in thicknesses from 1/8 inch and that can be feathered at the edges to match adjacent elevations. a. Cement Binder: ASTM C 150, Portland Cement or hydraulic or blended hydraulic cement as defined in ASTM C 219. b. Primer: Product of underlayment manufacturer recommended for substrate, conditions, and application. c. Aggregate: Well -graded, washed gravel, 1/8 to 1/4 inch, or coarse sand as recommended by underlayment manufacturer. d. Compressive Strength: Not less than 4100 psi at 28 days when tested according to ASTM C 109. 2.15 CONCRETE MIXES G. Prepare design mixes for each type and strength of concrete determined by either laboratory trial mix or field data bases, as follows: a. Proportion normal -weight concrete according to ACI 211.1 and ACI 301. H. Standard design mix to be used unless noted otherwise, provide normal weight concrete with the following properties: a. Compressive Strength (28-days): 3000 psi b. Type I cement c. Fly Ash: Allow up to 25% of cementitious material d. Minimum Slump: 4 inches e. Maximum Slump: 6 inches f. Maximum Slump for Concrete Containing High -Range Water -Reducing Admixture: 8 inches after admixture is added to concrete with 2 to 4 inch slump. g. Maximum Water/Cementitious Materials Ratio: 0.55 h. Add air -entraining admixture at manufacturer's prescribed rate to result in concrete at point of placement having an air content of five (5) to seven_(7). percent, unless otherwise indicated. I. Cementitious Materials: For concrete exposed to deicers, limit percentage, by weight, of cementitious materials other than Portland cement according to ACI 1- 301 requirements. J. Cementitious Materials: Limit percentage, by weight, of cementitious materials other than Portland cement in concrete as follows: a. Fly Ash: 20 percent K. Do not air entrain concrete to trowel -finished interior floors and suspended slabs. Do not allow entrapped air content to exceed 3 percent. L. Admixtures with chloride ions are prohibited. M. Admixtures: Use admixtures according to manufacturer's written instructions. a. Use water -reducing admixture or high -range water -reducing admixture (superplasticizer) in concrete, as required, for placement and workability. b. Use water -reducing and retarding admixture when required by high temperatures, low humidity, or other adverse placement conditions. c. Use water -reducing admixture in pumped concrete, concrete for heavy -use industrial slabs and parking structure slabs, concrete required to be watertight, and concrete with a water/cementitious materials ratio below 0.50. 2.16 FABRICATING REINFORCEMENT E. Fabricate steel reinforcement according to CRSI's Manual of Standard Practice. 2.17 CONCRETE MIXING A. Ready -Mixed Concrete: Measure, batch, mix, and deliver concrete according to ASTM C 94, and as specified. a. When air temperature is between 85 degrees Fahrenheit and 90 degrees Fahrenheit, reduce mixing and delivery time from ninety (90) minutes to seventy-five (75) minutes, and when air temperature is above 90 degree Fahrenheit, reduce mixing and delivery time to sixty (60) minutes. PART 3 — EXECUTION 3.53 FORMWORK S. Design, erect, shore, brace, and maintain formwork, according to ACI 301, to support vertical, lateral, static, and dynamic loads, and construction loads that might be applied, until concrete structure can support such loads. T. Construct formwork so concrete membersandstructures areofsize, shape, alignment, elevation, and position indicated, within tolerance limits of ACI 117. U. Limit concrete surface irregularities, designated by ACI 347R as abrupt or gradual, as follows: a. Class B, 1/4 inch V. Construct forms tight enough to prevent loss of concrete mortar. W. Fabricate forms for easy removal without hammering or prying against concrete surfaces. Provide crush or wrecking plates where stripping may damage cast concrete surfaces. Provide top forms for included surfaces steeper than 1.5 horizontal to 1 vertical. Kerf wood inserts form forming keyways, reglets, recesses, and the like, for easy removal. a. Do not use rust -stained steel form -facing material. X. Set edge of forms, bulkheads, and intermediate screed strips for slabs to achieve required elevations and slopes in finished concrete surfaces. -Provide and secure units to support screed strips, use strike -off templates, or compacting type screeds. Y. Provide temporary openings for cleanouts and inspection ports where interior area of formwork is inaccessible. Close openings with panels tightly fitted to forms and securely braced to prevent loss of concrete mortar. Locate temporary openings in forms at inconspicuous locations. Z. Chamfer exterior corners and edges of permanently exposed concrete. AA. Form openings, chases, offsets, sinkages, keyways, reglets, blocking, screeds, and bulkheads required in the Work. Determine sizes and locations from trades providing such items. BB. Clean forms and adjacent surfaces to receive concrete. Remove chips, wood, sawdust, dirt, and other debris just before placing concrete. CC. Retighten forms and bracing before placing concrete, as required, to prevent mortar leaks and maintain proper alignment. DD. Coat contact surfaces of forms with form -release agent, according to manufacturer's written instructions, before placing reinforcement. 3.54 EMBEDDED ITEMS T. Place and secure anchorage devices and other embedded items required for adjoining work that is attached to or supported by cast -in -place concrete. Use Setting Drawings, templates, diagrams, instructions, and directions furnished with items to be embedded. a. Install anchor bolts, accurately located, to elevations required. 3.55 REMOVING AND REUSING FORMS _ S. General: Formwork, for sides of beams, walls, columns and similar parts of the Work, that does not support weight of concrete may be removed after cumulatively curing at not less than 50 degree Fahrenheit for 52 hours after ..;. placing concrete provided concrete is hard enough to not be damaged by form- t� removal _operations -and -provided- curing -and protection operations are maintained. T. Leave formwork, for beam soffits, joist, slabs, and other structural elements, that supports weight of concrete un place until concrete has achieved the following: a. At least 70 percent of 28-day design compressive strength. b. Determine compressive strength of in -place concrete by testing representative field or laboratory cured test specimens according to ACI 301 U. Clean and repair surfaces of forms to be reused in the Work. Split, frayed, delaminated, or otherwise damaged form -facing material will not be acceptable for exposed surfaces. Apply new form -release agent. V. When forms are reused, clean surfaces, remove fins and laitance, and tighten to close joints. Alignandsecure joints to avoid offsets. Do not use patched forms for exposed concrete surfaces unless approved by Architect. 3.56 SHORES AND RESHORES T. Comply with ACI318, ACI 301, and recommendations in ACI 347R for design, installation, and removal of shoring and reshoring. U. Plan sequence of removal of shores and reshore to avoid damage to concrete. Locate and provide adequate reshoring to support construction without excessive stress or deflection. 3.57 STEEL REINFORCEMENT U. General: Comply with CRSI's Manual of Standard Practice for placing reinforcement. a. Do not cut or puncture vapor retarder. Repaid damage and reseal vapor retarder before placing concrete. V. Clean reinforcement of loose rust and mill scale, earth, ice, and other foreign materials. W. Accurately position, support, and secure reinforcement against displacement. Locate and support reinforcement with bar supports to maintain minimum concrete cover. Do not tack weld crossing reinforcing bars. X. All reinforcement to be in place prior to placing of concrete. Equipment will not be allowed to drive over reinforcement. 3.58 JOINTS G. General: Construction joints true to line with faces perpendicular to surface plane of concrete. H. Construction Joints: Install so strength and appearance of concrete are not impaired, at locations indicated or as approved by Architect. a. Place joints perpendicular to main reinforcement. Continue reinforcement across construction joints, unless otherwise indicated. Do not continue reinforcement through sides of strip placements of floors and slabs. b. Form from preformed galvanized steel, plastic keyway -section forms, or bulkhead forms with keys, unless otherwise indicated. Embed keys at least 1-1/2 inches into concrete. c. Locate joints for beams, slabs, joists, and girders in the middle third of spans. Offset joints in girders a minimum distance of twice the beam width from a beam -girder intersection. d. Locate horizontal joints in walls and columns at_underside_of.floors, slabs, beams, and girders and at the top of footings or floor slabs. e. Space vertical joints in walls as indicated. Locate joints beside piers integral with walls, near corners, and in concealed locations where possible. f. Use a bonding agent at locations where fresh concrete is placed against hardened or partially hardened concrete surfaces. 1. Contraction Joints in Slabs -on -Grade: Form weakened -plane contraction joints, sectioning concrete into areas as indicated. Construct contraction joints for a depth equal to at least one-fourth of concrete thickness, as follows: a. Sawed Joints: Form contraction joints with power saws equipped with shatterproof abrasive or diamond -rimmed blades. Cut 1/8 inch wide joints into concrete when cutting action will not tear,_ abrade,_ or otherwise damage surface and before concrete develops random contraction cracks. J. Curb and Gutter Joints: Curbs and gutter shall be constructed with an expansion joint at the tangent point on each return at intersections and at the end of each day's concrete pour. A construction or contraction. joint shall be located at intervals corresponding to the joint interval of the adjacent concrete pavement or as directed by the Owner's Representative. Joints in the new concrete pavement shall extend through the new curb and gutter unless otherwise directed by the Owner's Representative. All joints shall be perpendicular to the surface of the concrete and to the axis of the section. The contraction joints shall be made by cutting into the curb and gutter sections with a trowel a depth of 22 inches; these joints shall be finished as specified under finishing. K. Expansion joint material shall be an approved preformed bituminous impregnated non -extruding type jointing material, meeting the requirements of „. AASHTO M 213. The joint material shall be 1/2 inch thick, and shaped to the section of the curb and gutter or other work. L. Sidewalk Joints: Space contraction joints at 4 feet and expansion joints every 20 feet. Expansion joints shall be placed between existing and new setting of concrete. M. Dowel Joints: Install dowel sleeves and dowels or dowel bar and support assemblies at joints where indicated. a. Use dowel sleeves or lubricate or asphalt -coat one-half of dowel length to prevent concrete bonding to one side of joint. 3.59 CONCRETE PLACEMENT U. Before placing concrete, verify that installation of formwork, reinforcement, and embedded items is complete and that required inspections have been performed. V. Do not add water to concrete during delivery, at Project site, or during placement, unless approved by the Engineer. W. Before placing concrete, water may be added at Project site, subject to limitations of ACI 301. a. Do not add water to concrete after adding high -range water -reducing admixtures to the mix. b. Water may not be added beyond the limit of water withheld from the plant. Y Y X. Deposit concrete continuously or in layers of such thickness that no new concrete will be placed on concrete that has hardened enough to cause seams or planes of weakness. If a section cannot be placed continuously, provide construction joints as specified. Deposit concrete to avoid segregation. Y. Deposit concrete in forms_ in horizontal layers no -deeper than 24 inches and in a manner to avoid inclined construction joints. Place each layer while preceding layer is still plastic, to avoid cold joints. a. Consolidate placed concrete with mechanical vibrating equipment. Use equipment and procedures for consolidating concrete recommended by ACI 309R. b. Do not use vibrators to transport concrete inside forms. Inset and withdraw vibrators vertically at uniformly spaced locations no farther than the visible effectiveness of the vibrator. Place vibrators to rapidly penetrate placed layer and at least 6 inches into preceding layer. Do not insert vibrators into lower layers of concrete that have begun to lose plasticity. At each insertion, limit duration of vibration to time necessary to consolidate concrete and complete embedment of reinforcement and other embedded items without causing mix constituents to segregate. Z. Deposit and consolidate concrete for floors and slabs in a continuous operation, within limits of construction joints, until placement of a panel or section is complete. a. Consolidate concrete during placement operations so concrete is thoroughly worked around reinforcement and other embedded items and into corners. b. Maintain reinforcement in position on chairs during concrete placement. c. Screed slab surfaces with a straightedge and strike off to correct elevations. d. Slope surfaces uniformly to drains where required. e. Begin initial floating using bull floats or darbies to form a uniform and open - textured surface plane, free of humps or hollows, before excess moisture or bleedwater appears on the surface. Do not further disturb slab surfaces before starting finishing operations. AA. Cold Weather Placement: Comply with ACI 306.1 and as follows. Protect concrete work from physical damage or reduced strength that could be caused by frost, freezing actions, or low temperatures. a. When air temperature has fallen to or is expected to fall below 40 degree Fahrenheit, uniformly heat water and aggregates before mixing to obtain a concrete mix temperature of not less than 50 degrees Fahrenheit and not more than 80 degrees Fahrenheit at point of placement. b. Do not use frozen materials or materials containing ice or snow. Do not place concrete on frozen subgrade or on subgrade containing frozen materials. c. Do not use calcium chloride, salt, or other materials containing antifreeze agents or chemical accelerators, unless otherwise specified and approved in mix designs. BB. Hot Weather Placement: Place concrete according to recommendations in ACI 350R and as follows, when hot weather conditions exist: a. Cool ingredients before mixing to maintain concrete temperature below 90 degrees Fahrenheit at time of placement. Chilled mixing water or chopped ice may be used to control temperature, provided water equivalent of ice is calculated to total amount of mixing water. Using liquid nitrogen to cool concrete is Contractor's option. b. Cover steel reinforcement with water -soaked burlap so steel temperature will not exceed ambient air temperature immediately before embedding in concrete. c. --Fog-spray forms, steel reinforcement, and subgrade just before placing concrete. Keep subgrade moisture uniform without standing water, -soft spots, or dry areas. 3.60 MISCELLANEOUS CONCRETE ITEMS O. Filling In: Fill in holes and openings left in concrete structures, unless otherwise indicated, after work of other trades is in place. Mix, place, and cure concrete, as specified, to blend with in -place construction. Provide other miscellaneous concrete filling indicated or required to complete Work. 3.61 CONCRETE PROTECTION AND CURING C. General: Protect freshly placed concrete from premature drying and excessive cold or hot temperatures. Comply with ACI 306.1 for cold -weather protection and with recommendations in ACI 305R for hot -weather protection during curing. D. Formed Surfaces: Cured formed concrete surfaces, including underside of beams, supported slabs, and other similar surfaces. a. Leave forms in place for a minim of 3 days. b. Upon removal of forms, apply approved curing compound. E. Unformed Surfaces: Begin curing immediately after finishing concrete. Cure unformed surfaces, including floors and slabs, concrete floor toppings, and other surfaces, by the following method: a. Concrete shall be wet cured for 3 days after concrete placement. Wet curing shall begin immediately after final finishing of slab surface and shall consist of continuous misting by sprinkler or wet burlap. b. No work will be permitted on the slab during wet curing. c. Immediately after removal of sprinkler or burlap, Contractor shall apply approved curing compound. d. During cold weather concrete placement, in lieu of wet curing, the Contractor shall place plastic sheets over the concrete surface with blankets over the plastic. Plastic shall remain in place for 3 days. F. Sealing Coat: Uniformly apply a continuous sealing coat of curing and sealing compound to hardened concrete by power spry or roller according to manufacturer's written instructions. 3.62 FIELD QUALITY CONTROL C. Nondestructive Testing: Impact hammer, sonoscope, or other nondestructive device will be permitted by the Engineer. END OF SECTION SECTION 15020 INSTA VALVES PART GENERAL 1.1 SUMMARY This section of specifications covers the Insta-Valve valves of 4", 6", 8", 10",12" and 16" Nominal Sizes. U.S. Patent # 6,810,903 B1 1.2 SUBMITTALS Submit manufacturer's data and specifications for Hydra Stop Insta-Valve or approved equivalent. PART 2 PRODUCTS 2.1 INSTA-VALVE SYSTEM The Insta-Valve System shall provide a means to install a permanent block (open -close) valve into a pressurized water main - with no interruption of flow through the pipe and no reduction of line pressure (below 125 psig). The insertion of an Insta-Valve shall be accomplished through a single circular hole cut (under full line pressure) into the top of the pipe. The Insta-Valve, itself, permanently remains in the water distribution piping to allow shutdowns in the same manner as any gate, ball or butterfly block valve originally installed with the water main. 1. Machinery and Equipment This group shall include the Drilling Machine, which shall be used to cut (pressure tap) the access hole into the top of the pipe. Using various adaptors and inserting tools, this Drilling machine shall be used to install Insta-Valves. With the addition of certain parts, this Basic Machinery shall also be used for making conventional pressure taps and for installing and removing temporary linestops in water mains. Air or hydraulic drive motor or an optional electric drive shall be required to power the Drilling Machine to make the access cut (pressure tap) into the top of the pipe. 2. Insta-Valve: The Insta-Valve shall consist of three subassemblies: the Valve Body, which shall be mounted pressure -tight around the main; the Valve Cartridge, which shall be inserted, under full line pressure, into the Valve Body; and the Cartridge Closure Flange, which shall secure and permanently seal the Cartridge to the Body. Test and maximum operating pressures shall be as follows: Test pressure: 200 psig Working pressure: 150 psig A. Valve Body: The Valve Body shall consist of a -two-part stainless steel fitting of the Saddle type with a Type L 304 stainless steel hollow cylindrical nozzle, welded to the upper saddle half. The two part Body shall be assembled around the water main and pressure -sealed to the main by a single griddled resilient sheet gasket. The gasket shall fully encircle the pipe, providing a 360-deg. full area seal. Suitable fasteners and supporting lugs shall be provided, as specified below. Saddles: Saddles shall be formed from Type 304L stainless steel. Minimum Upper Saddle thickness shall be 0.120", Lower Saddle, 0.083". The design of the Saddles, Bolting, Lugs and Armor Plates shall be such that the Fitting halves can be mounted, without further modification, pressure -tight onto the following 4", 611, 8" ,10",12" and 16" nominal size pipes: 1) Cast Iron: Pit Cast - Classes A, B, C. & D 2) Cast Iron: Centrifugal - Classes — all 3) Asbestos -Cement: Classes 100, 1504 & 200 4) Ductile Iron: Classes — all 5) PVC (AWWA C900): Classes 100, 150, & 200 Bolting Lugs Bolting lugs shall be Type 304L stainless steel weldments and shall be designed and positioned on the fitting halves to insure accurate assembly of both halves. After assembly around the pipe, the vertical spacing of the Bolting Lugs between the two fitting halves shall allow adjustment to accommodate the range of pipe diameters specified above. Bolting Studs: Bolting Studs, Nuts, along with any formed metal washers shall be fabricated from Type 304 stainless steel. All screw threads shall be 5/8-1 IUNC-2 (coarse). Nuts shall be heavy series. The number of fasteners per side of each fitting shall be as follows - 4"A; 6": 5; 8": 5, 10":6; 12": 6 16":24. Sheet Gasket: Sheet Gasket shall be molded from a virgin SBR elastomer compound that will resist compression set and is compatible with cold drinking water in the normal 32 to 120 deg. Minimum thickness of the Sheet Gasket shall be 0.125". A griddled ("waffle") pattern shall be molded on the inner side of the gasket. Each side (which lies parallel to the run of the pipe) of the Gasket shall be tapered to allow uniform distribution of clamping (gasket) pressure over the entire circumference of the pipe. , { A stainless steel Armor Plate shall -lie attached to each side of the Gasket to bridge the gap between the Saddle Halves. Nozzle Nozzle of the Upper Fitting Half shall be machined from Type 304 stainless steel, and —shall --have a weldneck Valve Flange with locking pins to mate with the top groove of the Stuffing Box Plate (which is part of the Valve Cartridge). Below these locking pins, the interior of the Nozzle shall be accurately bored to seal against the "O"- ring contained in the Stuffing Box Plate. The bore shall be further machined to provide a shoulder to vertically locate the Valve Cartridge when it is inserted into the Body. 1) Two opposing rectangular keyways shall be machined into the interior wall of the Nozzle to receive the Guide Keys on the Valve Cartridge Carrier. B. Valve -Cartridge: Valve Cartridge shall consist of a Stuffing Box Plate, Valve Stem with Operating Nut, ValvePluggingHead that shall consist of a Carrier with an internal Deformable Sealing Element and two external Resilient Sealing Sleeves, and ancillary parts and fasteners. This Cartridge shall be inserted into the Nozzle under full line pressure by means of a Cartridge Inserter, which shall be attached to the Drilling Machine (that cut the access hole into the top of the main). VP Stuffing Box Plate: Stuffing Box Plate shall retain the collar of the Valve Stem against the Cartridge Closure Flange to prevent vertical motion during normal operation of the Insta- Valve. Suitable thrust washers shall be installed above and below the Stem collar. 1) The bore of this plate shall provide a pressure sealing surface for "0"-rings mounted on the valve stem. 2) The exterior of this plate shall be grooved to receive locking pins installed from the nozzle flange after plate has been inserted into the nozzle and has seated against the internal nozzle shoulder. Below this pin groove, the plate shall be further machined to accept a "0"-ring to provide a pressure -seal between the exterior of the plate and the bore of the nozzle. 3) All "0"-rings and fasteners used in the stuffing plate and nozzle flange shall meet the requirements of AWWA C509. Valve Stem: During normal operation of the Insta-Valve, rotation of the stem shall advance the valve carrier with sealing devices into the fully closed position to stop flow in the pipe. Reversal of stem rotation shall retract the carrier into the completely open position, allowing full flow through the main. 1) The stem shall be machined from wrought bronze. The composition and strength of the bronze, the minimum dimensional requirements of the stem and collar shall conform to AWWA C509. With a 700 LB torque capacity. 2) At customer's option, the stem shall be machined to open the valve by turning it clockwise (open right) or counter clockwise (open left). 3) The top the stem shall -be -provided -with a -detachable, 2" square operating nut + that shall conform to AWWA C509. Valve Plugging Head: Valve plugging head hall consist of two major components: rigid cylindrical Carrier and -three -elastomer---sealing-devices, along with connecting parts and fasteners. 1) Carrier shall be a rigid, solid cylinder, turned to provide clearance to enter the access (tapped) hole in the pipe. A vertical central slot shall be machined into the lower portion of the Carrier. This slot shall contain a single flat Deformable Sealing Element. The Carrier shall consist of a solid CM-909 body with rubber coating on the middle half of the CM-909 body. 2) Bottom of Carrier shall be hemispherical to generally conform to the bore of the pipe. It shall be designed to break and to dislodge tuberculation and other deposits that might interfere with a suitable shutdown. 3) The Carrier top, above the slot, shall contain an internal brass thread to mate with that on the Valve Stem. Suitable mechanical means shall be provided to attach the Deformable Element to the Carrier to insure retraction upon opening. 4) Rectangular Guide Keys shall be inserted to the top of the Carrier. These Keys shall be positioned to engage with and slide in the keyways machined into the interior walls of the Nozzle. This action shall maintain alignment of the Valve Cartridge when the Insta-Valve is operated. 5) A single Deformable Sealing Element shall be contained inside the slot in the Carrier. The Element shape shall be generally flat with the lower end semi- circular to seal the bottom of the pipe. The Carrier shall deform that Element into sealing contact with the pipe wall when the Insta-Valve is closed. 6) A Resilient Sleeve shall be attached to each of the two vertical cylindrical sides of the Carrier. When the lnsta-Valve is closed, these two Sleeves shall seal against the Deformable Element and those surfaces of the pipe not sealed by the element, thereby completing the shutdown. C. Cartridge Closure Flange: The Cartridge Closure Flange with a flat flange gasket shall be used to complete the installation of the lnsta-Valve. After the Stuffing Box Plate has been seated on the shoulder in the Nozzle and the Lock Screws have been tightened from the Nozzle Flange, the Valve cartridge is now mechanically secure in the Valve Body. All water leakage paths have been sealed. The installation equipment shall now be removed and the Closure Flange shall be installed over the thrust washer in the Valve Stem. A Stem "O"- ring shall pressure -seal against a bored hole in the Closure Flange. The Flange shall then be bolted to the Nozzle flange, followed by installation of the Valve Operating Nut. Materials 1) Cartridge Closure Flange, at manufacturer's option, shall be machined from mild structural steel, cast or ductile iron. 2) "0"-rings; gaskets, thrust washers; flange bolts and nuts shall meet the requirements of AWWA C509. A I', PART 3 EXECUTION 3.1 GENERAL Installation of Insta-Valve valves shall be as recommended by the manufacturer. END -OF SECTION