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HomeMy WebLinkAboutResolution - 1877 - Contract - Kerr Construction - Bus Turnouts & Sidewalks, TTU Campus - 11_15_1984Resolution #1877 November 15, 1984 Agenda Item #22 JWF:da RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock a contract to be entered into by and between said City (as owner) and Kerr Construction Company (as Contractor) for the construction of bus turn -outs and asso- ciated sidewalks on the Texas Tech University campus, attached herewith which shall be spread upon the minutes of the Council and as spread upon the minutes of this Council shall constitute and be a part of this Resolu- tion as if fully copied herein in detail. Passed by the City Council this 15th day of November 1984. ALA ENRY, A OR ATTEST: .Kan j&e boya, Ulty Secretary t APPROVED AS TO CONTENT: 'Sy-lyAster C. Cantu, Transit Coor ator APPROVED AS TO FORM: th Fullingim, Assistant C' y At r ney NOTICE TO PROCEED TO: Kerr Construction Company P.O. Box 888 Lubbock, Texas 79408 The City of Lubbock having received from Kerr Construction Company 1. Executed Contract 2. Performance Bond 3. Certificate of Insurance as required under Contract Document for the Project listed below Bid # 8136: Construction of Bus Turn -outs and Associated Sidewalk Hereby conveys written "notice to proceed" on the above project as described in contract documents. Please advise the City of Lubbock of any problems which may delay the timely completion of the project. CITY OF LUBBOCK '! � (/,,, Z e� Syl ester C. Cantu Administrative Assistant o!� DATE : %%lIY Naul =Lew1, ST. PAUL FIRE AND MARINE INSURANCE COMPANY ST. PAUL, MINNESOTA A CAPITAL STOCK COMPANY PERFORMANCE BOND Approved by The American Institute of Architects A.I.A. Document No. A-311 Feb., 1970 Edition KNOW ALL MEN BY THESE PRESENTS: That.......Kerr-Construction .Com_pan�r - .................. Texas .. ----- ............................................._---- ..-- (Here insert the name and address or legal title of the Contractor) as Principal, hereinafter called Contractor, and, ST. PAUL FIRE AND MARINE INSURANCE COMPANY, a corporation organized under the laws of the State of Minnesota, with its Home Office in the City of St. Paul, Minnesota, as Surety, hereinafter called Surety, are held and firmly bound unto City of Lubbock ......................................................................... ...................................... ........ _....... _...................................................................... (Here Insert the name and address or legal title of the Owner) as Obligee, hereinafter called Owner, in the amount of_--Thi rty- seven Thousand, One Hundred and no/l00-- ........................................................--------•- -------------------------------------------------------------Dollars($-37 100 00 for the payment whereof Contractor and Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. November 21 84 WHEREAS, Contractor has by written agreement dat d ........ .... . __.....'.. _ _ __ _ _.. . _ . 19.______, entered into a contract with Owner for ----construct ion oaf 'Bus Turri-Outs 'and"Assoc I ated'Si'd'ew'al-k"' ...................._.----------------------------......._....__...........------------------............ --...................................... _._...................................-._.......------....._........--------------------------..........------.._..--------------------------_....._......----•--•---------• in accordance with drawings and specifications prepared by .................................. ......... ........ ................... _....... _......... .................... ............. -.............................................................. .... -.................................................................. ............................... ...... -................................. (Here insert full name, title and address) which contract is by reference made a part hereof, and is hereinafter referred to as the Contract. NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION is such that, if Contractor shall promptly and faithfully perform said Contract, then this obligation shall be null and void; otherwise it shall remain in full force and effect. The Surety hereby waives notice of any alteration or extension of succession of defaults under the contract or contracts of completion time made by the Owner, arranged under this paragraph) sufficient funds to pay the cost of com- Whenever Contractor shall be, and declared by Owner to be in Dletion less the balance of the contract price; but not exceeding, including default under the Contract, the Owner having performed Owner's other costs and damages for which the Surety may be liable hereunder, obligations thereunder, the Surety may promptly remedy the default, the amount set forth in the first paragraph hereof. The term "balance or shall promptly of the contract price," as used in this paragraph, shall mean the total amount payable by Owner to Contractor under the Contract and any 1) Complete the Contract in accordance with its terms and condi- amendments thereto, less the amount properly paid by Owner to Con- tions, or tractor, 2) Obtain a bid or bids for completing the Contract in accordance Any suit under this bond must be instituted before the expiration with its terms and conditions, and upon determination by Surety of the of two (2) years from the date on which fatal payment under the con - lowest responsible bidder, or, if the Owner elects, upon determination tract falls due. by the Owner and the Surety jointly of the lowest responsible bidder, No right of action shall accrue on this bond to or for the use of arrange for a contract between such bidder and Owner, and make avail- any person or corporation other than the Owner named herein or the able as Work progresses (even though there should be a default or a heirs, executors, administrators or successors of Owner. Signed and sealed this ---------- 1_st---------- ••--....... ..........day of ......... _..Noyember A. D. 19:.'84 In the presence of: ... Kerr. ... Conat .ust-i.on..company .................:..:.....(Seal) ( incipal) - BX.r._ .......'='mac ` (Witness) (Title) Daul Fire and Mari n surance Company (Seal) Su e ....................................... -................................................. ..................... B •---- --------..........--- \ -- - -- -' -- - --`----- - (Witness) (A mrney-in-tact JOhn V. SHropsh i re Printed with permission of the American Institute of Architects 31761 PLO R. 2-70 P,int,d In U.S.A. A-Smul aleai'w ST. PAUL FIRE AND MARINE INSURANCE COMPANY ST. PAUL, MINNESOTA A CAPITAL STOCK COMPANY LABOR AND MATERIAL PAYMENT BOND Approved by The American Institute of Architects A.I.A. Document No. A-311 Feb., 1970 Edition The bond is issued simultaneously with another bond in favor of the owner conditioned for the full and faithful performance of the contract. KNOW ALL MEN BY THESE PRESENTS: That........ Kerr Construction Company P. 0_. Box 888, Lubbock, Texas 79408 ........................................................ ......................... -................................................. (Here insert the name and address or legal title of the Contractor) as Principal, hereinafter called Principal, and, ST. PAUL FIRE AND MARINE INSURANCE COMPANY, a corporation organized under the laws of the State of Minnesota, with its Home Office in the City of St. Paul, Minnesota, as Surety, hereinafter called Surety, are held and firmly bound unto .0 i tY of Lubbock.----....... ..................... Lubbock., Texas ..........................._............. ................................................................. ................ ....... - .... ...................-..... (Here insert the name and address or legal title of the Owner) as Obligee, hereinafter called Owner, for the use and benefit of claimants as hereinbelow defined, in the amount of --Thirty-seven Thousand, One Hundred and no/100--------------Dollars(5.3.7.�100.00 ) - , (Here insert a sum equal to at least one-half of the contract price) for the payment whereof Principal and Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, Principal has by written agreement dated..... -...------ November 21, ---------- -----------------------------------------------------------------------.19-..84 .... , entered into a contract with Owner for...... constr.(ucti.on..of.... Bus .-.Iurnm:Quts... and...Assoc.i.ated.--S.i_dewalk............. in accordance with drawings and specifications prepared by .............................. ...................................... __... ........ _....... - ............. ...... ......................................... .... ..................... ............ - ........................................................................................... ..................................... ......... (Here insert full name, title and address) which contract is by reference made a part hereof, and is hereinafter referred to as the Contract. NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION is such that, if Principal shall promptly make payment to all claimants as hereinafter defined, for all labor and material used or reasonably required for use in the performance of the Contract, then this obligation shall be void; otherwise it shall remain in full force and effect, subject, however, to the following conditions: 1. A claimant is defined as one having a direct contract with the work or labor was done or performed. Such notice shall be served by Principal or with a subcontractor of the Principal for labor, material, mailing the same by registered mail or certified mail, postage prepaid, or both, used or reasonably required for use in the performance of the in an envelope addressed to the Principal, Owner or Surety, at any contract, labor and material being construed to include that part of place where an office is regularly maintained for the transaction of water, gas, power, light, heat, oil, gasoline, telephone service or rental business, or served in any manner in which legal process may be served of equipment directly applicable to the Contract. in the state in which the aforesaid project is located, save that such 2. Theabove named Principal and Surety hereby jointly and service need not be made by a publt- officer. severally agree with the Owner that every claimant as herein defined, b) After the expiration of one (1) year following the date on which who has not been paid in full before the expiration of a period of Principal ceased work on said Contract, it being understood, however, ninety (90) days after the date on which the last of such claimant's work that if any limitation embodied in this bond is prohibited by any law or labor was done or performed, or materials were furnished by such controlling the construction hereof such limitation shall be deemed to claimant, may sue on this bond for the use of such claimant, prosecute be amended so as to be equal to the minimum period of limitation the suit to final judgment for such sum or sums as may be justly due permitted by such law. claimant, and have execution thereon. The Owner shall not be liable c) Other than in a state court of competent jurisdiction in and for for the payment of any costs or expenses of any such suit. the county or other political subdivision of the state in which the pro- 3. No suit or action shall be commenced hereunder by any claimant: ject, or any part thereof, is situated, or in the United States District Court for the district in which the project, or any part thereof, is situ - a) Unless claimant, other than one having a direct contract with ated, and not elsewhere. the Principal, shall have given written notice to any two of the following: The Principal, the Owner, or the Surety above named, within ninety 4. The amount of this bond shall be reduced by and to the extent (90) days after such claimant did or performed the last of the work or of any payment or payments made in good faith hereunder, inclusive labor, or furnished the last of the materials for which said claim is of the payment by Surety of mechanics' liens which may be -filed of [Wade, stating with substantial accuracy the amount claimed and the name record against said improvement, whether or not claim for -the amount - of the party to whom the materials were furnished, or for whom the of such lien be presented under and against this b, no. Signed and sealed this -------- ------=-21.st November � A D. 19$4...... ........................ day of. ------.. -- ...................................... . In the presence of: (Witness] -•...................................... . ........................................... (itness) Kerr --- C.oas.trmc.t.ion-&-ompany................ Principal) ........ $y.�....� .- ....... --- (Title) t. ul Fire and Marine Ineu, nce Company (Seal) S _...... By.. _. .0 ... ....... (Attorney -in -fact) . n Shropshire I1761 PLa Rey. 2-70 P,Inled In U. S. A. Printed with permission of the American Institute of Architects ST. PAUL FIRE AND MARINE INSURANCE COMPANY CERTIFICATE OF u' 385 Washington Street, St. Paul, Minnesota 55102 AUTHORITY NO. GENERAL POWER OF ATTORNEY - CERTIFIED COPY 621662 (Original on File at Home Office of Company, See Certification.) KNOW ALL MEN BY THESE PRESENTS: That St. Paul Fire and Marine Insurance Company,,a corporation organized and existing under the laws of the State of Minnesota, and having its principal office in the City of St. Paul, Minnesota, does hereby constitute and appoint: John V. Shropshire, John V. Shropshire, Jr., Virginia Smith, individually, Lubbock, Texas its true and lawful attomey(s)-in-fad to execute, seal and deliver for and on its behalf as surety, any and all bonds and undertakings, recognizances, contracts of indemnity and other writings obligatory in the nature thereof, which are or may be allowed, required or permitted by law, statute, rule, regulation, contract or otherwise, NOT TO EXCEED IN PENALTY THE SUM OF FIFTY MILLION ($50,000,000) EACH and the execution of all such instrument(s) in pursuance of these presents, shall be as binding upon said St. Paul Fire and Marine Insurance Company, as fully and amply, to all intents and purposes, as if the same had been duly executed and acknowledged by its regularly elected officers at its principal office. This Power of Attorney is executed, and may be certified to and may be revoked, pursuant to and by authority of Article V,-Section 6(C), of the By-laws adopted by the Board of Directors of ST. PAUL FIRE AND MARINE INSURANCE COMPANY at a meeting called and held on the 23rd day of January, 1970, of which the following is a true transcript of said Section 6(C): "The President or any Vice President, Assistant Vice President, Secretary or Resident Secretary shall have power and authority (1) 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, and (2)To appoint special Attorneys -in -fact, who are hereby authorized to certify to copies of any power -of -attorney issued in pursuance of this section and/or any of the By -Laws of the Company, and (3) To remove, at any time, any such Attorney -in -fact or Special Attorney -in -fact and revoke the authority given him." Further, this Power of Attorney is signed and sealed by facsimile pursuant to resolution of the Board of Directors of said Company adopted at a meeting duly called and held on the 6th day of May,1959, of which the following is a true exerpt: "Now therefore the signatures of such officers and the seal of the Company may be affixed to any such power of attorney or any certificate relating thereto by facsimile, and any such power of attorney or certificate bearing such facsimile signatures or facsimile seal shall be valid and binding upon the Company and any such power so executed, and certified by facsimile signatures and facsimile seal shall be valid and binding upon the Company in the future with respect to any bond or undertaking to which it is attached." y*%REa J 44, 6" _ x� " IN TESTIMONY WHEREOF, St. Paul Fire and Marine Insurance Company has caused this instrument to be signed and its corporate "y seal to be affixed by its authorized officer, this 2nd day of January, A.D. 1980. ST. PAUL FIRE AND MARINE INSURANCE COMPANY STATE OF MINNESOTA r County of Ramsey ss. �44%d�R;A unnnmamNCE Vice President . !rsa��o On this 28th day of Auqugt 19 81, before me came the individual who executed the preceding instrument, to personally' known, and, being by me duly sworn; said that he/she is the therein described and authorized officer of St. Paul Fire and Marine Insurance Company; that the seal affixed to said instrument is the Corporate Seal of said Company; that the said Corporate Seal and his/her signature were duly affixed by order of the Board of Directors of said Company. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal, at the city of St. Paul, Minnesota, the day and year first above written. iY . LOIS O. SMITH, Notary Public, Ramsey County, MN My Commission Expires September 29, 1987, CERTIFICATION 1, the undersigned officer of St. Paul Fire and Marine Insurance Company, do hereby certify that I have compared the foregoing copy of the Power of Attorney and affidavit, and the copy of the Section of the By -Laws of said Company as set forth in said Power of Attorney, with the ORIGINALS ON FILE IN THE HOME OFFICE OF SAID COMPANY, and that the same are correct transcripts thereof, and of the whole of the said originals, and that the said Power of Attorney has not been revoked and is now in full force and effect. 06.. IN.TESTIMONY WHEREOF, I have hereunto set my hand this21st aar of "November l9 84 Secretary Only a certified copy of Power of Attorney bearing the Certificate of Authority No. printed in red on the upper right corner is binding. Photocopies, carbon copies or other reproductions of this document are invalid and not binding upon the Company. ANY INSTRUMENT ISSUED IN EXCESS OF THE. PENALTY AMOUNT STATED ABOVE IS TOTALLY VOID AND WITHOUT ANY VALIDITY. For verification of "the authenticity. of this Power of Attorney,. you may telephone toll free 800-328.9821 and ask for the Power of Attorney Clerk. Please refer to the above Certificate of Authority No. and the above named individual(s). 29550 Rei '. 11.82 Printed in U.S.A. . SET TAB STOP$ AT ARROWS iCertificate ofinsurance CKOrd�CATE , . . HOLDER- AFFORDED ,BELOW, NAME AND ARESS OF AGENCY The ShroDDpshire Agency, Inc. COMPANIES AFFORDING COVERAGES P. 0. Box 10428 Lubbock, Texas 79408 ANY �nER A St. Paul Fire b Marine Insurance Co. 806-763-7311 , - COMPANY B LETTER Harbor Insurance Company NAME AND ADDRESS OF INSURED MPA Kerr Construction Company LEUERNv C P. 0. Box 888 Lubbock, Texas 79408 LETTERNY D 806-745-4543 COMPANY E LETTER This is to certify that policies of insurance listed below have been issued to the insured named above and are in force at this time. Notwithstanding any requirement, term or condition of any contract or other document with respect to which this certificate may be issued or may pertain, the insurance afforded by the policies described herein is subject to all the terms, exclusions and conditions of such policies. Limits of liability in Thousan 6 COMPANY LETTER TVPEOF INSURANCE POLICYNUMBER POLICY EXPIRATION DATE EACH OCCURRENCE AGGREGATE GENERAL LIABILITY 500 500 A ® COMPREHENSIVE FORM 692NG8291 1-1-85 BODILY INJURY f E X❑PREMISES-OPERATIONS PROPERTY DAMAGE f 250 S 250 © EXPLOSION AND COLLAPSE HAZARD ® HAZARD UNDERGROUND ® PRODUCTS/COMPLETED OPERATIONS HAZARD BODILY INJURY AND ® CONTRACTUAL INSURANCE PROPERTY DAMAGE f f ® BROAD FORM PROPERTY COMBINED DAMAGE ® CONTRACTORS INDEPENDENT ® PERSONAL INJURY PERSONAL INJURY f AUTOMOBILE LIABILITY BODILY INJURY f 250 A © 692NB7116 1-1-85 (EACH PERSON) f 500 COMPREHENSIVE FORM a OWNED BODILY INJURY (EACH ACCIDENT) HIRED PROPERTY DAMAGE $ 100 ® BODILY INJURY AND NON -OWNED PROPERTY DAMAGE f COMBINED EXCESS LIABILITY B © UMBRELLA FORM HI 50451 6-11-85 BODILY INJURY AND f5 000 � f 5,000 ❑ OTHERTHAN UMBRELLA PROPERTY DAMAGE FORM COMBINED WORKERS' COMPENSATION STATUTORY A and 792UA6110 1-1-85 f 100 EMPLOYERS' LIABILITY (EACH ACCIDENT) OTHER DESCRIPTION OF OPFRATIONS/LOCATIONSNEHICLES Paving Contractor Re: Construction of Bus Turn -Outs and Associated Sidewalk Cancellation: Should any of the above described policies be cancelled before the expiration date thereof, the issuing com- pany will endeavor to mail _1Q days written notice to the below named certificate holder, but failure to mail such notice shall impose no obligation or liability of any kind upon the company. NAME AND ADDRESS OF CERTIFICATE HOLDER: November 29, 1984 c City of Lubbock DA ISS ` Lubbock, Texas 'QJ AUTHORIZED REPRESENTATIVE ACORD 25 (1-79) CITY OF LUBBOCK MEMO /a TO: Eads, Purchasing ManagerFROM:'Gene ylveste=C. Cantu, dministrative Assist nt SUBJECT: Contract f r Bid # 8136 DATE: November 19, 1984 Enclosed are the revised contract conditions that should be used for the above Bid. The Legal Department said to include a "schedule of minimum wages". Please see that one is included. As for a contract instrument and other pertinent forms (insurance, bonds, etc.), those forms used for other government funded projects (HUD) can be utilized. Please inform Kerr Construction Co. that Dewey Shroyer of Tech's Department of Grounds Maintenance (742-3801) is the person to contact once Kerr, is cleared to begin. C I T Y O F L U B B 0 C K CONSTRUCTION OF BUS TURN -OUTS AND ASSOCIATED SIDEWALKS ON TEXAS TECH UNIVERSITY CAMPUS CONTENTS NOTICE TO BIDDERS INFORMATION TO BIDDERS PROPOSAL FORM GENERAL CONDITIONS SPECIAL CONDITIONS WAGE RATE SCHEDULE DETAILS OF CONSTRUCTION TECHNICAL SPECIFICATIONS NOTICE TO BIDDERS Notice is hereby given that the City of Lubbock, Texas will receive sealed bids at City Hall, 916 Texas Avenue, P.O. Box 2000, Lubbock, Texas, 79457, until 2:00 p.m. on September 18, 1984, for the installation of three (3) Bus Turn -Outs and Associated Sidewalks. At that time, bids will be opened and publicly read aloud. Bids received after the date/time specified above for bid opening shall be considered late bids, and therefore, shall not be opened and/or considered for award. Specifications and further information may be obtained from the undersigned at the address below. All bidders must certify that they are not on the Comptroller General's list of ineligible contractors. The awards to be let under this solicitations are subject to a financial assistance contract between the City of Lubbock and the U.S. Department of Transportation. The successful Bidder will be required to comply with all applicable Equal Opportunity laws and regulations. The City of Lubbock hereby notifies all bidders that in regard to any contract entered into pursuant to this notice, Minority Business Enterprises will be afforded full opportunity to submit bids and/or proposals in response and will not be subjected to discrimination on the basis of race, color, sex, or national origin in consideration for an award. No bidder may withdraw his bid within 30 days after the actual date of the date of the opening thereof. The City reserves the right to reject any and all bids and to readvertise for bids. Procuring Agency: Gene Eads City of Lubbock, 916 Texas Avenue Lubbock, Texas 79457 (806) 762-6411, Ext. 2165 INFORMATION TO BIDDERS Section 1. Receipt and Opening of Bids The City of Lubbock (herein called the "City") invites bids for installation of three (3) bus turn -outs on Texas Tech University as called for in the bid documents. Bids will be received by the City at City Hall, 916 Texas Avenue, P.O. Box 2000, Lubbock, Texas 79457, until 2:00 p.m, on September 18, 1984 and then publicly opened and read aloud. The City may consider as informal any bid not prepared and submitted in accordance with the provisions hereof amd may waive any informalities or reject any and all bids. Any bid may be withdrawn prior to the above scheduled time for the opening of bids or authorized postponement thereof'. Any bid received after the time and and date specified shall not be considered. No bidder may withdraw a bid within 30 days after the actual date of the opening thereof. Section 2. Preparation of Bid Each bid must be submitted on the prescribed form. All blank spaces for bid prices must be filled in, in ink or typewritten, in both words and fi- gures. All work called for in the bid documents will be on lump sum basis. Each bidder must submit a base bid as called for in these documents. In addition, a bidder may submit a alternate bid for the installation described as Alternative 1 in these documents. It is the intent of the City to obtain bids for performing the installation in a different manner. Each bid must be submitted in a sealed envelope bearing on the outside the name of the bidder, his address, and the name of the project for which the bid is submitted. If forwarded by mail, the sealed envelope containing the bid must be enclosed in another envelope addressed to Mr. Gene Eads, Purchasing Manager, City of Lubbock, P.O. Box 2000, Lubbock, Texas 79457. Section 3. Subcontracts The Bidder is specifically advised that any person, firm, or party to whom the Bidder proposes to award a subcontract under this contract must be acceptable to the City. Any such subcontracts must be in compliance with appropriate conditions add the Bidder must coordinate with the City in assuring that Disadvantaged Business Enterprises are afforded full opportunity to complete for subcontracts as the project is financially supported by DOT funds. Section 4. Telegraphic Modification Any bidder may modify his bid by telegraphic communication at any time prior to the scheduled closing time for receipt of bids, provided such telegraphic communicatioin is received by the City prior to the closing time, and, provided further, the City is satisfied that a written confirmation of the telegraphic modification over the signature of the IB-1 bidder was mailed prior to the closing time. The telegraphic communication should not reveal the bid price but should provide the addition or subtraction or other modification so that the final prices or terms will not be known by the Ctiy until the sealed bid is opened. If written confirmation is not received within two days from the closing time, no consideration will be given to the telegraphic modification. Section 5. Qualifications of Bidder The City may make such investigations as it deems necessary to determine the ability of the bidder to perform the work, and the bidder shall fur- nish to the City all such information and data for this purpose as the City may request. The City reserves the right to reject any bid if the evidence submitted by, or investigation of, such bidder fails to satisfy the City*so that such bidder is properly qualified to carry out the obligations of the contract and to complete the work contemplated therein. Conditional bids will not be accepted. Section 6. Bid Security Each bid must be accompanied by cash, certified check of the bidder, or a bid bond prepared on the form of bid bond attached thereto, duly executed by the bidder and issued by a surety company approved by the City, in the amount of five percent (5%) of the bid. Such cash, checks or bid bonds will be returned to all except the three lowest bidders within three days after the opening of bids, and the remaining cash, checks, or bid bonds will be returned promptly after the City and the accepted bidder have exe- cuted the contract, or, if no award has been made within 30 days after the date of the opening of bids, upon demand of the bidder an any time there- after, so long as he has not been notified of the acceptance of his bid. The successful bidder, upon his failure or refusal to excecute and deliver the contract, certificate of insurance, and bonds required within 10 days after he has received notice of the acceptance of his bid, shall forfeit to the City, the security deposited with his bid. Certified Check, Cashier's Check, or Bid Bonds shall be made payable, with- out condition, to the City of Lubbock, Texas. Each proposal shall remain in force until 30 days after the actual date of the opening thereof. , Section 7. Time of Completion and Liquidated Damages Bidder must agree to commence work as mutually agreed upon, and will continue uninterrupted as weather and season permit until completion of the work, and to fully complete the project within the consecutive calendar days noted in the proposal. Bidder must also agree to pay as liquidated damages, $70 for each consecutive calender day thereafter. IB-2 Section 8. Conditions of Work Each bidder must inform himself fully of the conditions relating to the construction of the project and the employment of labor thereon. Failure to do so will not relieve a successful bidder of his obligation to furnish all material and labor necessary to carry out the provisions of his con- tract. Insofar as possible the constractor, in carrying out his work, must employ such methods or means as will not cause any interruption of or interference with the work of any other contractor. Section 9. Addenda and Interpretations No interpretation of the meaning of the plans, specifications or other pre - bid documents will be made to any bidder orally. Every request for such interpretation should be in writing addressed to Mr. Gene Eads, Purchasing Manager, City of Lubbock, P.O. Box 2000, Lubbock, Texas 79457 and to be given consideration must be received at least five days prior to the date fixed for the opening of bids. Any and all such interpretations and any supplemental instructions will be in the form of written addenda to the specifications which, if issued, will be mailed by certified mail with return receipt requested to all prospective bidders (at the respective addresses furnished for such purposes), not later than three days prior to the date fixed for the opening of bids. Failure of any bid- der to receive any such addendum or interpretatation shall not relieve such bidder from any obligation under his bid as submitted. All addenda so issued shall become part of the contract documents. Section 10. Performance Bond and Payment Bond (Contract in Excess of $25.000) The successful bidder shall be required to furnish within ten (10) days after the date of receipt of Notice of Award a performance bond and payment bond in accordance with Article 5160, Vernon's Annotated Civil Statutes in the amount of 100% of the total contract price, in the event said contract price exceeds $25,000,00. The statutory bonds will not be required. All bonds, if required, shall be submitted on forms supplied by the City, and executed by an approved Surety Company authorized to do business in the State of Texas. And it is further agreed that this contract shall not be in effect until such bonds are so furnished. Within the same ten (10) days, the successful Bidder shall submit to the City the prescribed number of copies of the properly excecuted prescribed Contract Documents. Failure on the part of the successful Bidder to complete the requirements of this section shall result in the forteiture of the Bidder's Bid Security to the City. Section 11. Power of Attorney Attorneys -in -fact who sign bid bonds or contract bonds must file with each bond a certified and effectively dated copy of their power of attorney. IB-3 Section 12. Notice of Special Conditions Attention is particularly called to those parts of the contract documents and specifications which deal with the following: (a) Inspection and testing of materials (b) Insurance requirements (c) Wage rates (See Attached Schedule) Section 13. Laws and Regulations The bidder's attention is directed to the fact that all applicable State laws, municipal ordinances, and the rules and regulations of all author- ities having jurisdiction over construction of the projects shall apply to the contract throughout, and they will be deemed to be included in the contract the same as though herein written out in full. Section 14. Obligation of Bidder At the time of the opening of bids each bidder will be presumed to have inspected the site and to have read and to be thoroughly familiar with the plans and contract documents as defined in the General Conditons. The failure or omission of any bidder to examine any form, instrument or docu- ment shall in no way relieve any bidder from any obligation in respect of his bid. If Plans and Specifications are too bulkly or cumbersome to be physically bound to the contract document, they are to be considered incorporated by reference into the aforementioned contract documents. Section 15. Texas State Sales Tax This contract is issued by an organization which qualifies for exemption provisions pursuant to provisions of Article 20.04 of the Texas Limited Sales, Excise and Use Tax Act. The Contractor must obtain a limited sales, excise and use tax permit which shall enable him to buy the materials to be incorporated into the work without paying the tax at the time of purchase. Section 16. Materials and Workmanship The intent of these contract documents is that only materials and workman- ship 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 construction site will not relieve the Contractor of full responsbility of. complying with this provision. The specifications for materials and meth- ods set forth in the contract documents provide minimum standards of quali- ty which the City believes necessary to procure a satisfactory project. IB-4 Sectiion 17. Protection of the Work The Contractor shall be responsible for the care, preservation, conserva- tion, 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 similiar nature to the one covered by the proposed 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. Section 18. Protection of Subsurface Lines and Structures It shall be the Contractor's responsibility to prosecute the work contemp- lated 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 agrees that it will furnish Contractor the location of all such underground lines and utilities of which it has know- ledge. However, such fact shall not relieve the Contractor of his respon- siblities 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 satis- faction of the City at Contractor's expense. Section 19. Contractor's Representative The successful bidder shall give personal attention to the faithful prose- cution and completion of the work and shall be present in person on the site of the work continually during its progress or 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. Section 20. Provisions Concerning Escalator Clauses Proposals submitted containing any conditions which provide for changes in the stated bid price due to increases or decrease in the cost of materials, labor or other items required for the project will be rejected and returned to the bidder without being considered. IB-5 CONTRACT STATE OF TEXAS COUNTY OF LUBBOCK THIS AGREEMENT, made and entered into this 21ST day of NOVEMBER , A.D. 198_4, by and between the City of Lubbock, County of Lubbock, State of Texas, acting by and through ALAN HENRY , Mayor, thereunto authorized to do so, hereinafter referred to as OWNER, and of the City of LUBBOCK , County of LUBBOCK , and 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: CONSTRUCTION OF BUS TURN -OUTS AND ASSOCIATED SIDEWALK and all extra work in connection therewith, under the terms as stated in the contract documents and at his (or their) own proper cost and expense to furnish all materials, supplies, machinery, equipment, tools, superintendence, labor, insurance and other accessories and services necessary to complete the said construction in accordance with the contract documents as defined in the General Condition of Agreement. The CONTRACTOR hereby agrees to commence work within ten days after the date written notice to do so shall have been given to him and to substantially complete same within the time specified in the contract documents. The OWNER agrees to pay the CONTRACTOR in current funds for the performance of the contract in accordance with the proposal submitted therefor, 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 , in the year and day first above written. ATTEST: Secretary CITY OF LU , T (OWNER) BY: CONTRAC 0 O BY TITLE ATTEST: C e tarp:" OMPLETE ADDRESS: BID PROPOSAL CONSTRUCTION OF BUS TURN -OUTS AND ASSOCIATED SIDEWALK PLACE: LUFSP566 G XAS DATE: 5r-;- . /Ag I9&¢ PROJECT NO: 1:3Tv►8156 PROPOSAL OF kE7-7- CONY' ewcl -7-lyw CD. (Herein after called "Bidder") 11 . Gene Eads Purchasing.Manager City of Lubbock P.O. Box 2000 Lubbock, Texas 79457 Dear Sir: The Bidder, having carefully examined the plans, specifications, general conditions, special conditions, instructions to bidders, notice to bidders and all other related contract.documents and the site of the proposed work, and being familar with all of the conditions surrounding the construction of the proposed project, hereby proposes to furnish all labor, materials, and supplies; and to construct the project in accordance with the above documents for the following sum: BASE BID: +Ild; y-S�VC-N 1440US>�D �NE �UNVZt��Ll- i�FS (s 3� /OD.OD) ALTERNATIVE NO. I For all the work as described,above except that the paving will result in an asphaltic concrete bus turn -outs in lieu of reinforce portland cement concrete turn -outs as detailed on plans, the undersigned submits this alternative bid of a sum of: �iyZiY- wolikou L AQ S qD) (Amount shall be shown in both words and figures. In case of discrepancy, the amount shown in words shall govern.) The undersigned agrees and pledges to commence construction of the project on or before a date to be specified in a written "Notice to Proceed" of the City and to fully complete the project within A9 consecutive calender days thereafter as stipulated in the specifications and other contract documents. Bidder hereby further agrees to pay to the City as liquidated damages the sum of $70.00 for each consecutive calender day in excess of the time set forth hereinabove for completion of the project, all as more fully set forth in the general conditions of the contract documents. The undersigned agrees, if awarded the Contract or Purchase Order, to execute Contract and Bonds within ten (10) days after notification of award of contract. BP-1 ADD OR DEDUCT BID PRICES The undersigned further agrees that he will provide all materials, labor, tools, equipment and incidentals required to add or'deduct the following items of work to the contract for the prices listed hereinafter. Please include unit costs of all items listed below: ITEM NO. DESCRIPTION OF ITEM UNIT PRICE 1. A. Excavation and removal of topsoil to designated area on campus, per cubic yard. $ B. Topsoil hauled from designated area on campus to job site, placed, leveled and graded, per cubic yard. $ _ �•( 2. A. Demolition and removal of curb and gutter, per linear foot. $7 'Op B. Demolition and removal of 4" concrete sidewalk, per square foot. $ '0.60 C. Demolition and removal of asphalt and 6" Flex. Base, per square yard. $ 3. Turn -out pavement, including excavation and grading, 8" Stabilized Base (Plant Mix), 1}" Type D Hot Mix Asphaltic Concrete Pavement, complete in place, per square yard. (Alternate 01) $ 4. A. Concrete Curb and Gutter, 24" reinforced, com- plete in place, per linear foot. $ B. Concrete Curb and Gutter, 24" reinforced on 3}" Black Base, complete in place, per linear foot. (Alternate 01) $ 50 C. Concrete Curb and Gutter, 18" reinforced on 3}" Black Base, complete in place, per -linear foot. $ 9.P!0 (Alternate 01) 5. A. Concrete Valley Gutter, 6" reinforced, complete in place, per linear foot. B. Concrete Valley Gutter, 6" reinforced, on 3111- Black Base, complete in place, per linear foot. $�j sO (Alternate 01) 6. Concrete Turn -out Slab, 6" reinforced, complete in place, per square foot. $ Z. 70 7. Concrete sidewalk, 4" reinforced, complete in place, per square foot. $ /, 70 BP-2 BID PROPOSAL, Page Three The undersigned further agrees that the Certified Check or Bid Bond payable to the City of Lubbock, accompanying this proposal is left in escrow with Mr. Gene Eads, that its amount is the measure of liquidated damages.which the City will sustain by the failure of the undersigned to execute and deliver the above named Agreement and/or in furnishing the Performance and Payment Bond within ten (10) days of written notification of the award of the Contract to him, then.the check shall become the property of the City. or the Proposal Bond shall become subject to forfeiture to the City. It is understood that the City reserves the right to accept or reject any and all bids and to waive all informalities. It is further agreed that this bid shall be valid and not withdrawn for a period of thirty (30) days from the date of opening. 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. Respectfully Submitted, �L7Z�C'oIVS'7Z-uT/0^-' -gym• NYIY (Seal if Bidder is a Corporation) a0E. Tit ATTEST: BP-3 PD. Izex O&P LyX3Bil:14e; 7-_7-74(145 (Address)' 74e7 - ` S 43 (Telephone No.) GENERAL CONDITIONS Section 1. General Information It is the purpose of the City of Lubbock, Texas (City), acting as purchasing agent for Texas Tech University (University), to obtain Bids for the installation of three (3) bus turn -outs on Texas Tech University property in compliance with the General Conditions, Specifications and other contract documents as identified in the coversheet. The City of Lubbock will evaluate each bid in an effort to determine, in' its opinion, which bid or bids satisfy its needs in accordance with the Contract documents and all addenda as set forth hereinafter, and shall award the contract to the lowest responsive and responsible bidder. Contractors will be required to comply with all applicable Equal Employment Opportunity laws and regulations. This contract is subject to a financial assistance contract between the City, Texas Tech University and the United States Department of Transportation. All Bidders will be required to certify that they are not on the Comptroller General's list of ineligible contractors. + The City of Lubbock reserves the right to accept any bid or reject any and all bids as it deems in its own best interest, subject to regulations governing DOT Assisted Transit Purchases. DOT's administrative agency for transit is the Urban Mass Transportation Administration (UMTA). Section 2. Appeal Procedures (1) Changes to the specifications will be made by addendum. (2) Prime contractors and subcontractors may make appointments to discuss these specifications. This, however, does not relieve them from the written, documented requests required by paragraphs (3) and (5) below. (3) Requests for approved equals, clarification of specifications, and protest of specifications must be received by the City in writing, not less than five (S)ifull days before the date of scheduled bid opening. Any request for an approved equal or protest of the specifications must be fully supported with technical data, test results, or other pertinent information as evidence that the substitute offered is equal to or better than the specification requirement. (4) The City's replies to requests under paragraph (3) above will be postmarked at least three (3) full days before the date scheduled for bid opening. (5) Appeal from the decision of the City by a prime contractor or an adversely affected subcontractor must be in writing and received by UMTA not less than seven (7) full da s before bid o enin A eals _i Y P g- PP received less than seven (7) full days before bid opening will not be considered. GC-1 The City must receive a concurrent notice, indicating the nature of the appeal. The City will furnish UMTA a copy of all previous correspondence pertaining to the subjects covered by the appeal. In deciding appeals. UMTA will consider only the documentation developed during negotiations between the City of Lubbbock and the supplier and the information obtained through specific requests for such to the City, the Contractor, or other third party. (6) Upon receipt of a notice that an appeal has been submitted to UMTA, the City will immediately contact the appropriate UMTA official to determine if bid opening should be postponed. If bid opening is postponed, the City will telegraph all prime contractors and subcontractors who have been furnished a copy of the specifications that an appeal has been filed and that bid opening is postponed until UMTA has issued a decision. Appropriate addendums will be issued' rescheduling bid opening. (7) Any appeal to UMTA may be withdrawn at any time before UMTA has issued its decision. However, UMTA's decision on any appeal under paragraph (5) above will be final. No further appeals will be considered by' UMTA. Section 3. Notice of Award Written Notice of Award of a bid will be either mailed, telegraphed or delivered to the.successful Bidder as soon as possible after the award of the contract by the City Council. Section 4. Insurance Requirements Without limiting any of the other obligations or liabilities of the successful Bidder, the successful Bidder shall secure and maintain at its own cost and expense, throughout the duration of this Contract and until the work is completed and accepted by the City, insurance of such types and in such amounts as may be necessary to protect it and the interests of the City and University against all hazards or risks of loss as hereunder specified or which may arise out of the performance of the Contract Documents. The form and limits of such insurance, together with the underwriter thereof inTeach case, are subject to approval by the City. Regardless of such approval, it shall be the responsibility of the successful Bidder to maintain adequate insurance coverage at all times during the term of the Contract. Failure of the successful Bidder to maintain coverage shall not relieve it of any contractual responsibility or obligation or liability under the Contract Documents. The certificates of insurance, including evidence of the required endorsements hereunder or the policies, shall be filed with the City within twenty (20) days after the date of the receipt of Notice of the Award of the Contract to the successful Bidder. All insurance policies shall provide fifteen (15) days written notice to be given by the insurance _. company in question prior to modification or cancellation of such insurance. Such notices shall be mailed certified mail, return receipt requested, to: GC-2 Purchasing Manager City of Lubbock P.O. Box 2000 Lubbock, Texas 79457 Section 5. Copies of Documents Available to Successful Bidder Within ten (10) days after the date of the formal award of the contract by the City to the successful Bidder, the City shall cause three (3) copies of the Contract Documents to be provided to the successful Bidder. Section 6. Payment One hundred percent (100%) of the award price for the project shall be paid within thirty-one (31) days after the Contractor has submitted his notice of completion of work and the City has confirmed satisfactory completion of work and invoices are submitted to the City. Section 7. General Guaranty Neither payment nor any provision in the Contract Documents shall constitute an acceptance of work not done in accordance with the Contract Documents or relieve the Contractor of liability in respect to any express warranties or responsibilities for faulty materials or workmanship. The Contractor shall remedy any defects in the work and pay for any damage to other work resulting therefrom, which shall appear within a period of one year from the date of final acceptance of the work unless a longer period is specified. The City shall give notice to observed defects with respon- sible promptness. Section 8. Change of Contract Time The Contract Time may be extended in an amount equal to the time actually lost due to delays beyond the control of Contractor, provided that contractor gives notice to the City within ten (10) days after the delay begins or at the time contractor becomes reasonably certain that a delay is eminent, whichever comes first. Time is of the essence in this contract. Section 9. Extra Work Without invalidating the Contract, the City may order extra work or make changes by altering, adding to or deducting from the work, the contract sum being adjusted accordingly, and the consent of the Surety being first obtained where necessary or desirable. All of the work of the kind bid upon shall be paid for at the price stipulated in the Proposal, and no claims for any extra work or materials shall be allowed unless the work was ordered in writing by the City or its representative, acting officially for the City, and the price is stated in such order. Also, the City reserves the right to amend the Contract or Purchase Order to add additional work at the unit prices quoted for this project until the date specified if so stated in the Proposal. GC-3 Section 10. Change Orders Any proposed change in this Contract shall be submitted to the City for its prior approval. In the event that it becomes necessary to make changes in the work or a portion, thereof, as set forth in the Contract Documents,or changes in Contract Time or Contract Price, Contractor shall file with the City a Request for Change Order on a form as approved by the City. If the Change Order being sought does not result in an increase in the Contract Price, the Purchsing Manager shall have authority to execute the Change Order. In the event Contractor desires to submit a Change Order Request, the result of which would be to increase the Contract Price for the Project, the same shall be submitted to the Purchasing Manager. If such Change Order Request is granted, Contractor may proceed with the work involved in the Change Order upon receipt of the duly signed and accepted Change Order. All Change Orders shall be accompanied with such supporting data as the City shall require. All Change Orders shall be processed in compliance with the requirements set forth in Section 10. Section 11. Superintendence and Inspection It is agreed by the Contractor that the City shall be and is hereby authorized to appoint from time to time such Engineers, supervisors or inspectors as the City may deem proper, to inspect the material furnished and the work done under the Contract, and to see that the said material is, furnished, and said work is done in accordance with the -specifications therefor. The Contractor shall furnish all reasonable aid and assistance required by the Engineers, supervisors or inspectors for the proper inspection and examination of the work and all parts of the same. The Con- tractor shall regard and obey the directions and instructions of any Engineers, supervisors or inspectors so appointed, when the same are con- sistent with the obligations of this contract and the accompanying specifi- cations, provided however, should the Contractor object to any order by any subordinate engineer, supervisor, or inspector, the Contractor may within six (6) days make written appeal to the City for his decision. Section 12. Assignment Contractor shall not assign or transfer any of his rights or responsibilities nor sublet it as a whole, without the written consent of and the Surety on Performance Bond. Section 13, Venue, Jurisdiction and Applicable Law In the event of litigation arising out of this contract and the parties to it, if such litigation is in State Court, venue shall only be in Lubbock County, Texas. If such litigation is in the United States District Court, venue shall only be in the United States District Court of the Northern District of Texas, Lubbock Division. It is agreed that the laws of the State of Texas shall apply exclusively to the interpretation of all rights, liabilities and duties of the parties hereto. The contract between the parties hereto was executed, made and signed in Lubbock, Texas. GC-4 Section 14. Notice Whenever any provision of the Contract Documents requires the giving of written notice, it shall be deemed to have been given, if delivered in person to the individual or officer named in the Contract Documents or if delivered through the United States Mails, by certified mail, postage prepaid to the last known business address of the person or officer to whom the same is addressed. Section 15. Computation of Time Whenever a period of time is referred to in Contract Documents by days, that period shall be computed by excluding the first and including the last day of such period. If the last day of such period falls on a Saturday, Sunday or legal holiday under the laws of the State of Texas or by resolution of the City or the United States Government, such days shall be omitted from the computation and the last day shall be the next following day of business. Section 16. Termination of Contract The City may terminate this Contract in whole or in part at any time by first giving Contractor written notice when it is determined by the City that the Contractor has failed to comply with any of the provisions of these Contract Documents and the Contractor has not cured such failure to the City's satisfaction within a reasonable time after receiving notice of such non-compliance. In the event of partial or total termination of this Contract, the City may take over the work and perform the same to completion itself or by contract and the Contractor and Surety shall be liable to the City for any and all costs occasioned by the City. The Contract Price shall be decreased in the amount of such liability of the Contractor and the Surety to the City of Lubbock. Upon giving ten (10) days written notice to Contractor, the City may elect to abandon this work and terminate this Contract between the City and the Contractor. In such event Contractor shall be paid for all work executed, expenses incurred, and a reasonable profit thereon. Section 17. Liability The Contractor shall be solely responsible and liable for his actions and shall indemnify, protect and hold harmless the City and University or their agents and employees, of and from all claims, damages, costs, expenses, causes of action, actions and judgments by reason of injuries to, or death of any person or persons, or by reason of any damage to or destruction of any property resulting from or in any way arising out of, or incident to, the project, or any work, act or action, or failure to act of the Contractor, or any of his agents, in, on, about or in connection with the Project, or any act or omission by the Contractor, or any operation of the' Contractor, and whether or not any such act or omission to act is or may be contributed to 1n any way by any other person including employees and agents or Owner. GC-5 The Contractor shall indemnify and save harmless the City and University against any claim arising from the violation of any laws or ordinances, whether by the Con- tractor or his employees. The Contractor shall defend any and all suits and indemnify and hold the City and University harmless from all liability for any and all claims made against the City or any of its officials or agents for the use of any patented equipment or any patented process device or article forming a part of any equipment furnished under the Contract. Section 18. Remedies of Board and Compliance of Laws The duties and obligations imposed in the Contract Documents upon the Contractor and the rights and remedies available to the City, its agents, servants and employees thereunder shall be an addition to and shall not be construed in any way as a limitation upon any rights, remedies or benefits available to the City, its agents, servants and employees which are otherwise imposed or are available by the law of the State of Texas, Ordinance of the'City or the laws of the United States of America or the rules and regulations of any regulatory body of the United States of America. Section 19. Arbitration i In the event all efforts at th field level have been exhausted in an effort to reach an agreement o,� changes in the Contract Price, Contract Time, Change Orders, or the time required for completion resulting from approved Change Orders which change the scope of the work, the matter shall be referred to the General Manager. After review, the General Manager will issue a decision which will be final. Section 20. Prohibited Interest No member, officer, or employee of the Public Body or of a local public body during his tenure or one year thereafter shall have any interest, direct or indirect, in this Contract or the proceeds thereof. Section 21. Interest of Members of or Delegates to Congress No member of or delegate to the Congress of the United States shall be admitted to any share or part of this Contract or to any benefit arising therefrom. GC-6 Section 22. Equal Employment Opportunity a. In connection with the execution of this Contract, the Contractor shall not discriminate against any employee or applicant for employment because of race, color, age, creed, sex or national origin. The Contractor shall take affirmative action to insure that applicants are employed and that employees are treated during their employment, without regard to their race, color, religion, sex, age or national origin. Such actions shall include, but not be limited to the following: employment, upgrading, demotion or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay, or other forms of compensation; and selection for training, including apprenticeship. The Contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices setting forth the provisions of this nondiscrimination clause. b. The contractor will, in all solicitations or advertisements for employees placed by or on behalf of the contractor, state that all qualified applicants will recevie consideration for employment without regard to race, color, religion, sex, age, or national origin. c. The contractor will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice advising the said labor union or worker's representatives of the .-ontractor's commitments under this section 202 of Executive Order 11246 of September 24, 1965, and shall post copies of the notice in conspicuous plai•es available to employees and applicants for employment., d. The contractor will comply ai_'.i all provisions of Executive Order 11246 of September 24, 1965, as amended by Executive Order 11375, and with the rules, regulations, and relevant orders of the Secretary of Labor. e. The contractor will furnish all information and reports required by Executive Order 11246 and by rubs, regulations, and order of the Secretary of Labor, or pursuant thereto, a!-'. will permit access to his books, records, and accounts by UMTA ar: the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders. f. In the event of the contractor's noncompliance with the nondiscrimi- nation clauses or this agreement or with any of the said rules, regulations or orders, this agreement may be cancelled, terminated, or suspended in whole or in part. The contractor may be declared ineligible for further Government contracts or Federally assisted construction contracts in accordance with procedures authorized in Executive Order 11246, as amended, and such other sanctions may be imposed and remedies invoked as provided by Executive Order 11246, or by rule, regulation, or order of the Secretary of Labor or as otherwise provided by law. g. The contractor will include a citation to 42 CFR 60-1 (b) and (c) and the provisions of paragraphs "a" through "g" herein, in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to Section 204 of Executive Order 11246, as amended by Executive Order 11375. Such provisions shall be binding upon each subcontractor or vendor. The contractor will take such action with respect to any subcontract or purchase order as UMTA may direct as a means GC-7 of enforcing such provisions, including sanctions for noncompliance; provided, however, that in the event a contractor becomes involvedin, or is threatened with, litigation with a subcontractor or vender as a result of such direction by UMTA the contractor may request the United States to enter into such litigation to protect the interests of the United States. The following clauses must also be included in all construction contracts and subcontracts over $10,000, in geographical areas designated pursuant to 41 CFR 60.4.6: (1) As used in this specifications: Covered Area: means the geographical area described in the solicitation from which this contract resulted. Director: means Director, Office of Federal Contract Compliance Programs, United States Department of Labor, or any person to whom the Director delegates authority. Employer Identification Number: means the Federal Social Security Number used on the employer's quarterly Federal Tax Return, U.S. Treasury Depart- ment Form 941. Minority includes: Hispanic - all persons of Mexican, Puerto Rican, Cuban, Central or South American or other Spanish culture or origin regardless of race. Black - all persons having origins in any of the black African racial groups not of Hispanic origin. Asian and Pacific Islander - all persons having origins in any of the original people of the Far East, Southeast Asia, and the Indian subcontinent, or the Pacific Islands. American Indian or Alaskan native - all persons having origins in any of the original people of North America and maintaining ident#fiable tribal affiliations through membership and participation or community identification. (2) Whenever the Contractor, or any subcontractor at any tier, subcontracts a portion of the work involving any construction trade, it shall physically include in each subcontract in excess of $10,000 the provisions of these specifications and the notice which contains the applicable goals for minority and female participation and which is seL forth in the solicitation from which this contract resulted. (3) If the Contractor is participating (pursuant to 41 CFR 60-4.5) in a hometown plan approved by the U.S. Department of Labor in the covered area, either individually or through an association, its affirmative action obligations on work in the plan area (including goals and timetables) shall be in accordance with that plan for those trades which have unions participating in the plan. Contractors must be able to demostrate their participation in and compliance with the provisions of any such hometown plan. Each contractor or subcontractor participating in an approved plan is individually required to comply with its obligations under the EEO clause, and to make a good faith effort to achieve each goal under the plan in each trade in which it has employees. The overall good faith perfor- mance by other contractors or subcontractors toward a goal in an approved plan does not excuse any covered contractor's; failure to make good faith efforts to achieve the plan goals and timetables. GC-8 (4) The Contractor shall implement the specific affirmative action standards provided in paragraphs (7) (a) through (p) of these specifi- cations. The goals set forth in the solicitations from which this contract resulted are expressed as percentages of the total hours of employment and training of minority and female utilization the contractor should reasonably be able to achieve in each construction trade in which it has employees in the covered area. Covered construction contractors performing construction work in geographical area where they do not have a Federal or Federally assisted contruction contract shall apply the minority and female goals established for the geographical area where the work is being performed. Coals are published periodically in the Federal Register in notice form, and such notices may be obtained from any Federal Contract Compliance Program Office or the Federal Procurement Contracting Offices. The contractor is expected to make substantially uniform progress toward its goals in each craft during the period specified. (5) Neither the provisions of any collective bargaining agreement, nor the failure by a union with whom the contractor has a collective bargaining agreement, to refer either minorities or women shall excuse the Contractor's obligations under these specifications, Executive Orders 11246 and 11375, or the Yegulations promulgated pursuant thereto. (6) In order for the nonworking training hours of apprentices and trainees to be counted in meeting the goals, such apprentices and trainees must be employed by the Contractor during the training period, and the contractor must have made a commitment to employ the apprentices and trainees at the completion of their training, subject to the availability of employment opportunities. Trainees must be trained pursuant to training programs approved by the U.S. Department of Labor. (7) The contractor shall take specific affirmative action to ensure equal employment opportunity. The evaluation of the Contractor's compliance with these specifications shall be based upon its effort to achieve maximum results from its actions. The Contractor shall document these efforts fully, and shall implement affirmative action steps at least as extensive as the following: Ensure and maintain a working environment free of harassment, intimidation and coercion at all sites, and in all facilities at which the contractor's employees are assigned to work. 'fhe contractor, where possible, will assign two or more women to each construction project. The contractor shall specifically ensure personnel are aware of and carry out the contrac- tor's obligation to maintain such a working environment, with specific attention to maintain minority or female individuals working at such sites or in such facilities. Establish and maintain a current list of minority and female recruitment sources, provide written notification to minority and female sources, pro- vide and to community organizations when thf• contractor or its union have employment opportunities available, and maintain a record of the organiza- tions' responses. Maintain a current file of the names, addresses and telephone number of each minority and female off -the -street applicant and minority and female GC-9 referral service from a union, a recruitment source or community organiza- tion and of what act -ion was taken with respect to each such individual. If such individual was sent to the union hiring, hall for referral and was not referred back to the contractor by lthe union or if not referred, not employed by the contractor, this shall be documented in the file with the reason therefore, along with whatever additional actions the contractor may have taken. Provide immediate written notification to the director when the union or unions with which the contractor has collective bargaining agreement has not referred to the contractor a minority person or woman sent by the contractor, or when the contractor has other information that the union referral process has impeded the contractor's efforts to meet its obliga- tions. Develop on-the-job training opportunities and/or participate in training programs for the area which expressly include minorities and women, including upgrading programs and apprenticeship and trainee programs relevasnt to the contractor's employment needs, especially those programs funded or approved by the Department of Labor. The contractor shall provide notice of these programs to the sources compiled above. Disseminate the contractor's EEO policy by providing notice of the policy to unions and training programs and requesting their cooperation in assisting the contractor in meeting its EEO obligations; by including it in any policy manual and collective bargaining agreement; by publicizing it in the company newgletter, annual report, etc.; by specific review of the policy with all management personnel and with all minority and female employees at least once a year; and by posting the company EEO policy on bulletin boards accessible to all employees at each location where construction work is performed. Review, at least annually, the company's EEO policy and affirmative action obligations under these specifications with all employees having and responsibility for hiring, assignment, layoff, termination or other employ- ment decisions including specific review of these items with on -site super- visory personnel such as superintendents, general foremen, etc., prior to the initiation of construction work at any job site. A written record shall be made and maintained identifying the time and place of these meetings, persons attending, subject matter discussed, and disposition of the subject matter. Disseminate the contractor's EEO policy externally by including it in any advertising in the news media, specifically including minority and female news media, and providing written notification to and discussing the contractor's EEO policy with other contractors and subcontractors with whom the contractor does or anticipates doing business. Direct its recruitment efforts, both oral and written, to minority, female, and community organizations, to schools with minority and female students and to minority and female recruitment and training organizations serving the contractor's recruitment area and employment needs. Not later than one month prior to the date for the acceptance of applications for apprentice- ship or other training by any recruitment source, the contractor shall send written notification to organizations such as the above, describing the openings, screening procedures, and tests to be used in the selection process. CC-10 Encourage present minority and female employees to recruit other minority persons and women and, where reasonable, provide after school, summer and vaction employment to minority ind female youth both on the site and in other areas of the contractor' workforce. Validate all tests and other s ection requirements where there is an obligation to-do so under 41 (.is Part 60-3. Conduct, at least annually, an inventory and evaluation at least for all minority and female personnel for promotional oppotunities and encourage these employees to seek or to prepare for, through appropriate training, etc., such opportunities. Ensure that senority practices, job classifications, work assignments and other presonnel practices, do not have a discriminatory effect by contin- ually monitoring all personnel and employment related activities to ensure that the EEO policy and the contractor's obligations under these specifica- tions are being carried out. Ensure that all facilities and company activities are nonsegregated except that separate and Single -user toilet and necessary changing facilities shall be provided to assure privacy between the sexes. Document and maintain a record of all solicitations of offers for subcon- tracts from minority and female construction contractors and suppliers, including circulation of solicitations to minority and female contractor associations and other business associations. Conduct a review,' at least annually, of all supervisors' adherence to and performance under the contractor's FEO policies and affirmative action obligations. i (8) Contractors are encouraged to participate in voluntary associations which assist in fullfilling one or more of their affirmative action obliga- tions set forth in paragraphs (7). The efforts of a contractor associa- tion, joint contractor -union, contractor community, or other similar group of which the contractor is a member and participant, may be asserted as fulfilling any one or more of its obligations under (7) of these specifica- tions, provided that the contractor actively participates in the group, makes every effort to assure that the group has a positive impact on the employment of minorities and women in the industry, ensures that the concrete benefits of the program .are reflected in the contractor's minority and female workforce participation, makes a good faith effort to meet its individual goals ands and timetables, and can provide access to documenta- tion which demonstrates the effectiveness of actions taken on behalf of the contractor. The obligation to comply, however, is the contractor's, and failure of such group to fulfill an obligation shall not be a defense for the contractor's noncompliance. (9) A single goal for minorities and separate single goal for women have been established. The contractor, however, is required to provide equal employment opportunity and to take affirmative action for all minority groups, both male and female, and all women, both minority and non - minority. Consequently, the contractor may he in violation of the Execu- tive Order if a particular group is employed in a substantially dispared GC_ 11 manner (for example, even though the contractor has achieved its goal for women&generally, the.contractor may be in violation of the Executive Order if a specific minority group of women is und,erutilized). (10) The contractor shal not use the goals and timetables or affirmative action to discriminate against any person be:ause of race, color, religion, sex, age, or national origin. (11) The contractor shall not enter into any subcontract with any person or firm debarred from government contracts pursuant to Executive Order 11246, as amended by Executive Order 11375. (12) The contractor shall carry out such sanctions and penalties for viola- tion of these specification and of the equal opportunity clause, including suspension, termination and cancellation of existing subcontracts as may be imposed or ordered pursuant to Executive Order 11246, as amended, and its implementation re§ulations by the Office of Federal Contract Compliance Programs. Any contractor who fails to carry out such sanctions and penal- ties shall be in violation of these specifications and Executive Order 11246, as amended. (13) The contractor, in fulfilling its oblig:.,[ions under these specfica- tion, shall implement specific affirmative action steps, at least as exten- sive as those standards prescribed in paragraph (7) of these specifi- cations, so as to achieve maximum results from its efforts to ensure equal employment opportunity. If the contractor fails to comply with the requirements of the Executive Order, the implementing regulation, or these specifications, the Director shall proceed in accordance with 41 CFR 60-4.8. (14) The contractor shall designate a responsible official to monitor all " employment related activity to ensure that the company EEO policy,is being carried out, to submit reports relating to the provisions herein as may be required by the Government and to keep records. Records shall at least in- clude for each employee the name, address, telephone numbers, construction trade, union affiliation if any, employee identification number when assigned, social security number, race, sex, status (e.g., mechanic, apprentice, trainee, helper, or laborer), dates of changes in status hours worked per week in the indicated trade, rate of pay, and locations at which the work was performed. Records shall be maintained in an easily under- standable and retrievable form; however, to the degree that existing records satisfy this requirement, contractors shall not be required to maintain separate records. (15) Nothing herein shall be construed as a limitation upon the application of other laws which establish different standards of compliance or upon the application of requirements for the hiring of local or other area residents (e.g., those under the Public Works Employment Act of 1977 and the Community Development Block Grant Program.). NOTICE Contractor agrees to include the following notice in all construction sub- contracts over $10,000, in geographical area.,, designated pursuant to 41 CFR 60-4.2: GC-12 "Notice of Requirement for Affirmative Action to Ensure Equal Employment Opportunity (Executive Order 11246): (1) The bidder's attention is called to the "Equal Opportunity Clause" and the "Standard Federal Equal Employment Opportunity Construction Contract Specifications" set forth herein. (2) The goals and timetables for minority and female participation, expressed in percentage terms for the contractor's aggregate workforce in each trade on all construction work in the covered area, are as follows: TIMETABLES GOALS FOR MINORITY GOALS FOR FEMALE PARTICIPATION IN PARTICIPATION IN EACH TRADE EACH TRADE 19.6 6.9 These goals are applicable to all the contractor's construction work (whether or not it is Federal or Federally :assisted) performed in the covered area. If the contractor performs construction work in a geographi- cal area located outside the covered area, it shall apply the goals esta- blished for such geographical area where the work is actually performed. With regard to this second area, the contractor also is subject to the goals for both its Federally involved and nonfederally involved construction. The contractor's compliance with the Executive Order and the regulations in 41 CFR Part 60.4'shall be based on its implementation of the Equal Opportu- nity clause, specific affirmation action obligations required by the speci- fications set forth in 41 CFR 60-4.3(a), and its efforts to meet the goals. The hours of minority and female employment and training must be substantially uniform throughout the length of the contract, and in each trade, and the contractor shall make a good faith effort to employ minori- ties adn women evenly on each of its projects. The transfer of minority or female employees or trainees form contractor to contractor or from project to project shall be a violation of the contract, the Executive Order, and the regulations in 41 CFR Part 60.4. Compliance with the goals will be measured against the total work hours performed. (3) The contractor shall provide written notification to the Director of the Office of Federal Contracts Compliance Programs within 10 working days of award of any construction subcontract in excess of $10,000 at any tier for construction work under the contract resulting from this solicitation. The notification shall list the name, address and telephone number of the subcontractor; employer identification number of the subcontractor; estimated dollar amount of the subcontract; and the gopgraphical area which the contract is to be performed. (4) As used in'this notice and in the contract resulting from this solicitation, the "covered area", is Lubbock, Lubbock County, Texas. GC-13 Section 23. Minority Business Enterprise In connection with the performance of this Contract, the Contractor will cooperate with the City in meeting its commitments and goals with regard to the maximum utilization of minority business enterprises and will use its best efforts to insure that minority business enterprises shall have the maximum practical opportunity to complete for subcontract work under this Contract. (1) Policy. It is the policy of the Department of Transportation that Minority Business Enterprises, as defined in 49 C.F.R. Part 23, shall have the maximum opportunity to participate in the performance of contracts financed in whole or in part with Federal funds under this Agreement. Consequently, the MBE requirements of 49 C.F.R. Part 23 apply to this agreement. (2) MBE Obligation. The City and its contractor agree to ensure that Min- ority Business Enterprises as defined in 49 C.F.R. Part 23 have the maximum opportunity to participate in the performance of contracts and subcontracts financed in whole or in part with Federal funds provided under this agreeement. In this regard the City and all contractors shall take all necessary and reasonable steps in accordance with 49 C.F.R_ Part 23 to ensure that Minority Business Enterprises have the maximum opportunity to compete for and perform contracts. The City and its contractors shall not discriminate on the basis of race, color, national origin and sex in the award and performance of DOT -assisted contracts. Section 24. Preference Toward Domestic Producers Contractor must comply with Section 135 of the Surface Transportation Assistance Act of 1982, P.L. 97-424, 49 U.S.C. Section 1601 note (the Buy America provision), and UMTA regulations and/or guidance issued to implement this statutory provision. Section 25. Cargo Preference - Use of United States - Flag Vessesls The Contractor agrees-- (1) To utilize privately owned United States -flag commercial vessels to ship at least 50% of the gross tonnage (computed separately for dry bulk carriers, dry cargo liners and tankers) involved, whenever shipping any equipment, materials, or commodities pursuant to this contract, to the extent such vessels are! available at fair and reasonable rates for United States -flag commercial vessels. (2) To furnish within 30 days following the date of loading for shipment originating within the United States, or within 30 working dates following the date of loading for shipments originating outside the United States, a legible copy of a rated, "on -board" commercial ocean bill -of -lading in English for each shipment of cargo described in paragraph (1) above to the UMTA Administrator and the City (through the prime contractor in the case of subcontractor bills -of -lading) and CC-14 to the Division of National Cargo, Office of Market Development, Maritime Administration, 400 Seventh Street, S.W., Washington D.C. 20590, marked with appropriate identification of project. (3) To insert the substance of the provisions of the clause in all subcontract issued pursuant to this clause. Section 26. Title VI Civil Rights Act of 1964 During the performance of this contract, the contractor, for itself, its assignees and successors in interest (hereinafter referred to as the "con- tractor"), agrees as follows: (1) Compliance with Regulations: The contractor shall comply with the Regulations relative to nondiscrimination in federally -assisted programs of the Department of Transportation (hereinafter, "DOT") Title 49, CPR Part 21, as they may be amended from time to time (hereinafter referred to as the Regulations),wwhich are herein incorporated by reference and made a part of this contract. (2) Nondiscrimination: The contractor, with regard to the work performed by it during the contract, shall not discriminate on the grounds of race, religion, color, sex, age, or national orgigin in the selection and retention of subcontractors, including the procurements of materials and leases of equipment. The contractor shall not participate either directly or indirectly in the discrimination prohibited by Section 21.5 of the Regu- lations, including employment practices when the contract covers a program set forth in Appendix B of the Regulations. (3) Solicitations for Subcontracts, Including Procurements of Materials and Equipment: In all solicitations either by competitive bidding or negotia tion made by the contractor for work tp be performed under a subcontract, including procurement of materials or leases of equipment, each potential subcontractor or supplier shall be notified by the contractor of the contractor's obligations under this contract and the Regulations relative to nondiscrimination on the grounds of race, religion, color, sex, age, or national origin. (4) Information and Reports: The contractor shall provide all information and reports required by the Regulations or directives issued pursuant thereto, and shall permit access to its books, records, accounts, and other sources of information, and its facilities as may be determined by the City or UMTA to be pertinent to ascertain compliance with such Regulations, orders and instructions. Where any information is required or a contractor is in the exclusive possession of another who fails or refuses to furnish this information, the contractor shall so certify to the City, or UMTA, as appropriate, and shall set forth what efforts it has made to obtain the information. (5) Sanctions for Noncompliance: In the evenL of the contractor's noncomp- liance with the nondiscrimination provisions of this contract, the City shall impose such contract sanctions as it or UMTA may determine to be appropriate, including, but not limited to: Withholding of payments to the contractor under the contract until the contractor complies, and/or, Cancellation, termination or suspension of the contract, in whole or in part. GC-15 (6) Incorporation of Provisions: The contractor shall include the provisions of paragraph (1) through (6) of this section in every subcontract, including procurements of materials and leases of equip- ment, unless exempt by the Regulations, or directives issued pursuant thereto. The contractor shall take such action with respect to any sub- contract or procurement as the City or UMTA may direct as a means of enforcing such provisions including sanctions for noncompliance: Provided, however, that, in the event a contractor becomes involved in, or is threa- tened with, litigation with a subcontractor or supplier as a result of such direction, the contractor may request the City to enter into such litiga- tion to protect the interests of the City, and, in addition, the contractor may request the United States to enter into such litigation to protect the interests of the United States. Section 27. Labor Provisions - Construction Contracts Pursuant to regulations set forth at 29 CFR Part 5, the following provi- sions shall be incorporated in all construction contracts of $2,000 or more in carrying out the project. (1) Minimum Wages (a) All laborers and mechanics employed or working upon the site of the work (or under the United States Housing Act of 1937 or under the Housing Act of 1949 in the construction or development of the project), will be paid unconditionally and not less often than once a week, and without sub- sequent deduction or rebate on any account (except such payroll deductions as are permitted'by regulations issued by the Secretary of Labor under the Copeland Act (29 CFR 3)), the full amount of wages and bona fide fringe benefits (or cash equivalents thereof) due at time of payment computed at rates not less than those contained in the wage determination of,the Secre- tary of Labor which is attached hereto and made a part hereof, regardless of any contractual relationship which may be alleged to exist between the contractor and such laborers and mechanics. Contributions made or costs reasonably anticipated for bona fide fringe benefits under Section l(b)(2) of the Davis -Bacon Act on behalf of laborers or mechanics are considered wages paid to such laborers or mechanics, subject to the provisions of paragraph (a)(1)(iv) of 29 CFR 5.5; also, regular contributions made or costs incurred for more than a weekly period (but not less often than quarterly) under plans, funds, or programs which cover the particular weekly period, are deemed to be constructively made or incurred during such weekly period. Such laborers and mechanics shall be paid the appropriate wage rate and fringe benefits on the wage determination for the classifica- tion of work actually performed, without regard to skill, except as provided in 29 CFR 5.5(a)(4). Laborers or mechanics performing work in more than one classification may be compensated at the rate specified for each classification for the time actually worked therein: provided, that the employer's payroll record accurately set forth the time spent in each classification in which work is performed. The wage determination (includ- ing any additional classification and wage rates conformed under paragraph (a)(i)(ii) of 29 CFR 5.5 and the Davis -Bacon poster (WH-1321) shall be posted at all times by the contractor and its subcontractors at the site of the work in a prominent and accessible place where it can be easily seen by the workers GC-16 (b) The contracting officer shall require that any class of laborers or mechanics which is not listed in the wage determination and which is to be employed under the contract shall be classified in conformance with the wage determination. The contracting officer shall approve and additional classification and wage rate and fringe benefits therefor only when the following criteria have been met: The work to be performed by the classification requested is not performed by a classification in the wage determination; and The classification is utilized in the area by the construction industry; and The proposed wage rate, including any bona fide fringe benefits, bears a reasonable relationship to the wage rates contained in the wage determination. If the contractor and the laborers and mechanics to be employed in the classification (if know), or their representatives, and the contracting officer agree on the classification and wage rate (including the amount designated for fringe benefits where appropriate), a report of the action taken shall be sent by the contracting officer to the administrator of the Wage and Hour Division, Employment Standards Administration, U.S. Depart- ment of Labor, Washington, D.C. 20210. The Administrator, or an authorized representative, will approve, modify, or disapprove every additional clas- sification action within 30 days of receipt and so advise the contracting officer or will potify the contracting officer within the 30 day period that additional time is necessary. In the event the contractor, the laborers or mechanics to be employed in the classification or their representatives, and the contracting officer do not agree on the proposed classification and wage rate (including the amount designated for fringe benefits, where appropriate), the contracting officer shall refer the questions including the views of all interested parties and the recommendation of the contracting officer, to the authorized representative, will issue a determination within 30 days of receipt and so advise the contracting officer or will notify the contracting officer within the 30 day period that additional time is necessary. The wage rate (including fringe benefits where appropriate) determined pursuant to subparagraphs (a)(1)(B) or (C) of 29 CFR 5.5, shall be paid to all workers performing work in the classification under this contract from the first day on which work is performed in the classification. (c) Whenever the minimum wage rate prescribed in the contract for a class of laborers or mechanics includes a fringe benefit which is not expressed as an hourly rate, the contractor shall either pay the benefit as stated in the wage determination or shall pay another bona fide fringe benefit or an hourly cash equivalent thereof. (d) If the contractor does not make payments to a trustee or other third person, the contractor may consider as part of the wages of any laborer or mechanic the amount of any costs reasonably anticipated in providing bona fide fringe benefits under a plan or program, provided, that the Secretary GC-17 of Labor has found, upon the written request of the contractor, that the applicable standards of the Davis -Bacon Act have been met. The Secretary of Labor may require the contractor to set aside in a separate account assets for the meeting of obligations under the plan or program (2) Withholding DOT shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld from the contractor under this contract or any other Federal contract with the same prime contractor, or any other Federally -assisted contract subject to Davis -Bacon prevailing wage requirements, which is held by the same prime contractor, so much of the accrued payments or advances as may be considered necessary to pay laborers and mechanics, including apprentices, trainees, and helpers, employed by the contractor or any subcontractor the full amount of wages required by this contract. In the event of failure to pay any laborer or mechanic, including any apprentice, trainee, or helper, employed or working on the site of the work (or under the U.S. Housing Act of 1937 or under the Housing Act of 1949 in the construction or development of the project), all or part of the wages required by the contract, DOT may, after written' notice to the contractor, sponsor, applicant, or owner, take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds until such violations have ceased. (3) Payrolls and Basic Records (a) Payrolls alid basic records relating thereto shall be maintained by the contractor during the course of the work and preserved for a period of three years thereafter for all laborers and mechanics working at the site of the work (or under the Housing Act of 1937 or the Housing Act of 1949, in the construction or development of the project). Such records shall contain the name, address, and social security number of each su5h worker, his or her correct classification, hourly rates of wages paid (including rates of contributions or costs anticipated for bona fide fringe benefits or cash equivalents thereof of the types described in Section 1(b)(2(B) of the Davis -Bacon Act, daily and weekly number of hours worked, deductions made and actual wages paid. Whenever the Secretary of Labor has found under 29 CFR 5.5(a)(1)(iv) that the wages of any laborer or mechanic in- clude the amount of any costs reasonably anticipated in providing benefits under a plan or program described in Section l(b)(2)(B) of the Davis -Bacon Act, the contractor shall maintain records which show that the commitment to provide such benefits is enforceable, that the plan or program is finan- cially responsible, and that the plan or program has been communicated in writing to the laborers mechanics affected, and records which show the costs anticipated or the actual costs incurred in providing such benefits. Contractors employing apprentices or trainees under approved programs shall maintain writteen evidence of the registration of apprenticeship programs and certification of trainee programs, the. registration of the apprentices and trainees, and the ratios and wage rates prescribed in the applicable programs. (b) The contractor shall submit weekly, for each week in which any contract work is performed, a copy of all payrolls to the City. The payrolls sub- mitted shall set out accurately and completely all of the information re- quired to be maintained under 5.5(a)(3) of regulations, 29 CFR Part 5. This information may he submitted in any form desired. Optional form GC-18 WH-347 is available for this purpose and may be purchased from the Superin- tendent of Documents (Federal stock number 029-005-00014-1), U.S. Govern- ment Printing Office, Washington, D.C. 20402. The prime contractor is res- ponsible for the submission of copies of payroll by all subcontractors. Each payroll submitted shall be accompanied by a "Statement of Compliance", signed by the contractor or subcontractor or his or her agent who pays or supervises the payment of the persons employed under the contract and shall certify the following: That the payroll for the payroll period contains the information required to be maintained undr Section 5.5(a)(3)(i) of regulations, 29 CFR Part 5 and that such information is correct and complete. That each laborer or mechanic (including each helper, apprentice, and trainee) employed on the contract during the payroll period has been paid the full weekly wages earned, without rebate, either directly or indirectly, from the full wages earned, other than permissible deductions as set forth in regulations, 29 CFR Part 3. That each laborer or mechanic has been paid not less than the applicable wage rates and fringe benefits or cash equivalents for the classification of work performed,' as specified in the applicable wage determination incor- porated into the contract. The weekly submission of a properly executed certification set forth on the reverse side of optional form WH-347 shall satisfy the requirements for submission of the "Statement of Compliance"'required by paragraph (a)(3)(ii)(B) pf 29 CFR Section 5.5. The falsification of any of the above certifications may subject the con- tractor ro subcontractor to civil or criminal prosecution under Section 1001 of Title 18 and Section 231 of Title 31 of the United States Code.'' (c) The contractor or subcontractor shall make the records required under paragraph (a)(3)(i) of 29 CFR Section 5.5 available for inspection, copying or transcription by authorized representatives of DOT or the Department of Labor, and shall permit such representatives to interview employees during working hours on the job. If the contractor or subcontractor fails to sub- mit the required records or to make them available, the federal agency may, after written notice to the contractor, sponsor, applicant, or owner, take such action as may be necessary to cause the suspension of any further pay- ment, advance or guarantee of funds. Furthermore, failure to submit the required records upon request or to make such records available may by grounds for debarment action pursuant to 29 CFR Section 5.12. (4) Apprentices and Trainees --Apprentices (a) Apprentices will be permitted to work at less than the predetermined rate for the work they perfomed when they'.are employed prusuant to and individually registered in a bona fide apprenticeship program registered with the U.s. Department of Labor, Employment and Tranining Administration, Bureau of apprenticeship and Training, or with a state apprenticeship agency recognized by the Bureau, or if a person is employed in his or her first 90 days of probationary employment as an apprentice in such appren- ticeship program, who is not individually registered in the program, but who has been certified by the Bureau of Apprenticeship and Trianing or a state apprenticeship agency (where appropriate) to be eligible for proba- GC-19 tionary employment as an apprentice. The allowable ration of apprentices to journeymen on the job site in any craft classification shall not be greater than the ratio permitted to the contractor as to the entire work force under the registered program. Any worker listed on a payroll at an apprentice wage rate, who is not registered or otherwise employed as stated above, shall be paid not less than the applicable wage rate on the wage determination for the classification of work actually performed. In addi- tion, any apprentice performing work on the job site in excess of the ratio permitted under the registered program shall'be paid not less than the applicable wage rate on the wage determination for the work actually performed. Where a contractor is performing construction on a project in a locality other than that in which its program is registered, the ratios and wages rates (expressed in percentages of the journeyman's hourly rate) specified in the contractor's or subcontractor's registered program shall be observed. Every apprentice must be paid at not less than the rates specified in the registered program for the apprentice's level of progress, expressed as a percentage of the journeyman's hourly rate specified in the applicable wage determination. Apprentices shall be paid fringe benefits in accordance with the provisions of the apprenticeship program. If the apprenticeship program does not specify fringe benefits, apprentices must be paid the full amount of fringe benefits listed on the wage determination for the applicable classification. If the Administrator determines that a difference practice prevails for the applicable apprentice classification, fringe benefits shall be paid in accordance with that determination. In the event the Bureau of Apprenticeship and Training, or a state apprentice- ship agency recognized by the Bureau, withdraws approval of an appentice- ship program, the contractor will no longer be permitted to utilize appen- tices at less than the applicable predetermined rate for the work performed until an acceptable program is approved. (b) Trainees. Execpt as provided in 29 CFR Section 5.16, trainees will not be permitted to work at less than the predetermined rate for the work per- formed unless they are employed pursuant to and individually registered in a program which has prior approval, evidenced by formal certification by the U.S. Department of Labor. Employment and Training Administration. The ratio of trainees to journeymen on the site shall not be greater than per- mitted under the plan approved by the Employment and Training Administra- tion. Every trainee must be paid at not less than the rate specified in the approved program for the trainee's level of progress, expressed as a percentage of the journeyman's hourly rate specified in the applicable wage determination. Trainees shall be paid fringe benefits in accordance with the provisions of the trainee program. If the trainee program does not mention fringe benefits, trainees must be paid the full amount of fringe benefits listed on the wage determination unless the Administrator of the Wage and Hour Division determines that there is an apprenticeship program associated with the corresponding journeyman's wage rate on the wage determination for the classification of work actually performed. In addition, any trainee performing work on the job site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. In the event the Bureau of Apprenticeship and Training withdraws approval of a training program, the contractor will no longer be permitted to utilize appentices at less than the applicable predetermined rate for the work performed until an acceptable program is approved. CC-20 Equal Employment Opportunity. The utilization of apprentices, trainees and Journeymen under this part shall be in conformity with the equal employment opportunity requirements of Executive Order 11246, as amended, and 29 CFR Part 30. (5) Compliance with Copeland Act Requirements. The contractor shall comply with the requirements of 18 U.S.C. 874 and 29 CFR Part 3, which are incor- porated by reference. This act provides taht each contractor or grantee shall be prohibited form inducing, by any means any person employed in the construction, completion, or repair of public work, to give up any part of the compensation to which he is otherwise entitled. (6) Contract Termination: Debarment. A breach of the contract clauses in 29 CFR Section 5.5 may be grounds for termination of the contract, and for debarment as a contractor and a subcontractor as provided in 29 CFR 5.12. (7) Compliance with Davis -Bacon and Related Act Requirements. All rulings and interpretations of the Davis -Bacon and related acts contained in 29 CFR Parts 1, 3, and 5 are herein incorporated by reference. (8) Disputes Concerning Labor Standards. Disputes arising out of the general clause of this contract shall not be subject to the general dis- putes shall be resolved in accordance with the procedures of the Department of Labor set forth in 29 CFR Parts 5, 6, and 7. Disputes within the meaning of this clause include disputes between the contractor (or any of its subcontractors) and the contracting agency, the U.S. Department of Labor, or the employees or their representatives. (9) Certification of Eligibility. By entering into this contract the con- tractor certifies that neither it (nor he or she) nor any person or firm who has an interest in the contractor's firm is a person or firm ineligible to be awarded government contracts by virtue of Section 3(a) of the Davis - Bacon Act or 29 CFR 5.12 (a)(1). No part of this contract shall be subcontracted to any person or firm ineligible for award of a government contract by virtue of the Davis -Bacon Act or 29 CFR Section 5.12(a)(1). The penalty for making false statements is prescribed in the U.S. Criminal Code, 18 U.S.C. Section 1001. (10) Overtime Requirements. No contractor or subcontractor contracting for any part of the contract work which may require or involve the employment of laborers or mechanics in any work week in which he or she is employed on such work to work in excess of eight hours in any calendar day or in excess of forty hours in such work week unless such laborer or mechanic receives compensation at a rate not less than one and one-half times the basic rate of pay for all hours worked in excess of eight hours in any calendar day or in excess of forty hours in such work week, whichever is greater. (11) Violation; Liability for Unpaid Wages; Liquidated Damages. In the event of any violation of the clause set forth in subparagraph (b)(1) of 29 CFR Section 5.5, the contractor and the subcontractor responsible therefor shall be liable for the unpaid wages. In addition, such contractor and subcontractor shall be liable to the United States (in the case of work done under contract for the District of Columbia or a territory, to such GC-21 district or to such territory), for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including watchmen and guards, employed in violation of the clause set forth in subparagraph (b)(1) of 29 CFR Section 5.5 in the sum of $10 for each calendar day on which such individual was required or permitted to work in excess of eight hours or in excess of the overtime wages required by the clause set forth in subparagraph (b)(1) of 29 CFR Section 5.5. (12) Withholding for Unpaid Wages and Liquidated Damages. DOT or the reci- pient shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld, from any monies payable on account of work performed by the contractor or subcontractor under any such contract or any other Federal contract with the same prime contractor, or any other Federally -assisted contract which is held by the same prime contractor, such sums as may be determined to be necessary to satisfy any liabilities of such contractor or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in subparagraph (b)(2) of 29 CFR Section 5.5. (13) Section 107 of C.W.H.S.S.A is applicable to construction work and pro- vides that no laborer or mechanic shall be requested to in surroundings or under working conditions which are unsanitary, hazardous, or dangerous to his health and safety as determined under construction, safety and health standards promulgated by the Secretary of Labor. These requirements do not apply to the purchase of supplies or materials or articles ordinarily available on thf open market, or contracts for transportation or transmis- sion of intelligence. (14) Nonconstruction Grants. The contractor or subcontractor shall maintain payrolls and basic payroll records during the course of the work and shall preserve them for a period of three years from the completion of the contract for all laborers and mechanics, including guard and watchmen, working on the contract. Such records shall contain the name and address of each such employee, social security number, correct classifications, hourly rates of wages paid, daily and weekly number of hours worked, deduc- tions made, and actual wages paid. Further, the recipient shall require the contracting officer to insert in any such contract a clause providing that the records to be maintained under this paragraph shall be made avail- able by the contractor or subcontractor for inspection, copying, or tran- scription by authorized representatives of DOT and the Department of Labor, and the contractor or subcontractor will permit such representatives to in- terview employees during working hours on the job. (15) Subcontracts. The contractor or subcontractor shall insert in any subcontracts lthe clauses set forth in subparagraphs (1) through (15) of this paragraph and also a clause requiring the subcontractors to include these clauses in any lower tier subcontract- The prime contractor shall be responsible for compliance by any subcontractor orlower tier subcontractor with the clauses set forth in subparagraphs (1) through (15) of this paragraph. GC-22 Section 28. Conservation Contractor shall recognize mandatory standards and policies relating to energy efficiency which are contained in the State energy conservation plan issued in compliance with the Energy Policy and Conservation Act (42 USC Section 6321 et seq.). GC-23 SPECIAL CONDITIONS 1. SCOPE The Special Conditions are to supplement the General Conditions, which are included as part of these contract documents. 2. EXHIBITS All work shall be done and all materials furnished in strict conformity with the appended advertisement (Notice to Bidders), Proposal, Specifications, and all plans all of which are hereto attached (or considered as if attached) and a.re hereby made a part of this contract. 3. EXAMINATION OF SITE Bidders shall visit the project site, compare drawings and specifications therewith including other work performed which in any way affects the project. Failure or oversight in any of the above requirements will in no way relieve the successful bidder from responsibility of completing the project in accordance with the drawings and specifications without additional cost to the Owner. 4. GRADES, LINES, LEVELS AND LAYOUT All grades and lines shall be established and maintained by the Contractor who shall be responsible for same. Immediately upon starting the project, locate and protect all general reference points, layout work, and verify all grades, lines, levels and dimensions as shown on the drawings and report any errors or inconsis- tencies to the City Representive. The Contractor shall be responsible for errors resulting from his failure to do so. 5. DISCREPANCIES -AND OMISSIONS It is agreed that it is the intent of this contract that all work must be done and all materials must be furnished in accordance with the generally accepted practice, and in the event of any discrepancies between the plans and specifica- tions; or otherwise, or in the event of any doubt as to the meaning and intent of any portion of the contract, specifications, or plans, the. City Representative SC-1 shall define which is intended to apply to the work. 6. SOURCES OF SUPPLY AND QUALITY OF MATERIALS The source of supply of each of the materials shall be approved by the City Representative before delivery is started and at the option of the City Repre- sentative may be sampled and tested for determining compliance with the governing specifications by the City Representative before delivery is started. If it is found after trial that sources of supply previously approved do not produce uniform and satisfactory products, or if the product from any source proves unacceptable at any time, the Contractor shall furnish materials from other approved sources. Only materials conforming to the requirements of these speci- fications and approved by the City Representative shall be used in the work. All materials being used are subject to inspection or test at any time during their preparation or use. Any material which has been tested and accepted at the source of supply may be subjected to a check test after delivery and all materials which, when retested, do not meet the requirements of the specifications, will be rejected. No material which after approval has in any way become unfit for use shall be used in the work. Throughout these specifications where reference is made to ASTM,, AASHO or bulletins of Texas Highway Department for the quality of materials or sampling and testing, the latest standard, tentative standard or bulletin issued prior to the date of the proposal shall govern. 7. SAMPLES AND TESTS All materials, before being incorporated in the work, shall be inspected, tested and approved by the City Representative, and any work in which materials are used without prior test and approval or written permission of the City Representative may be ordered removed and replaced at the Contractor's expense. Sampling and testing of all materials proposed to be used, will be made by the City Representative SC-2 and/or approved testing laboratory. The selection of the method of test shall be as specified or as designated by the City Representative. Where tests are required, other than those made in the laboratory, for the purpose of control in the manufacture of a construction item, the Contractor will be required to furnish such facilities and equipment as may be necessary to perform the tests and in- spection and shall be responsible for calibration of all test equipment required. When requested, the Contractor shall furnish a complete written statement of the origin, composition, and/or manufacture of any or all materials that are to be used in the work. 8. PLANT INSPECTION If the volume of the work, construction progress, and other considerations warrant, the City Representative may undertake the inspection of materials at the source. It is understood, however, that no obligation is assumed to inspect materials in that manner. Plant inspection will be undertaken only upon condition that: a. The cooperation and assistance of the Contractor and the producer with whom he has contracted for materials is assured. b. The representative of the City Representative shall have full entry at all times to such parts of the plant as may concern the manufacture or production of the materials. ordered. c. The Contractor and/or material producer shall be responsible to furnish weatherproof building space and such other equipment and facilities as may be required by the City Representative and/or Testing Laboratory to carry out their plant inspection. 9. STORAGE OF MATERIALS Materials shall be so stored as to insure the preservation of their quality and fitness for.the work. When considered necessary by the City Representative,' they shall be placed on wooden platforms or other hard, clean surfaces and not SC-3 on the ground. They shall be placed under cover when so directed. Stored materials shall be so located as to facilitate prompt inspection. 10. DEFECTIVE MATERIALS All materials not conforming to the requirements of these specifications will be rejected and shall be removed immediately from the site of the work unless permitted to remain by the City Representative. Rejected materials, the defects of which have been subsequently corrected, shall have the status of new material. Upon failure on the part of the Contractor to comply with any order of the City Representative made under the provisions of this item, the City Representative will have authority to remove and replace defective material and to deduct the cost of removal and replacement from any money due or to become due to the Contractor. 11. PAYMENT FOR TESTING OF MATERIALS Should the material or work fail to comply with the requirements of the Contract Documents, Laws, Ordinances, Rules, Regulations or orders of any Public Authority having jurisdiction, the Contractor shall bear all costs of the testing, inspection or approval as well as the cost of replacement of unsatis- factory material or work as provided by paragraph 10; otherwise, the Owner shall bear such costs and an appropriate change order shall be issued. 12. LOSSES FROM NATURAL CAUSES All loss or damage arising out of the nature of the work to be done, or from the action of the elements, or from any unforeseen circumstances in the prosecution of the same, or from unusual obstructions or difficulties which may be encountered in the prosecution of the work, shall be sustained and borne by the Contractor at his own expense and cost. 13. PARKING AND TRAFFIC Construction workers shall park only in the areas designated for this purpose by representatives of the City. All construction workers, whether using SC-4 private or company vehicles shall abide by City and University traffic regulations. 1 Such regulations should be reviewed by each Contractor prior to beginning to work. 14. COMPLETION REQUIREMENTS Before acceptance and final payment the Contractor under each division of the specificatiops shall furnish: 1. Accurate "as built" drawings, shown in red ink on blue -line prints furnished for that purpose, all changes from the original plans made during installation of the work by each subcontractor. Drawings shall be filed with the Texas Tech University Department of Grounds Maintenance when the work is complete. 2. All manufacturer's guarantees. 3. All published operating manuals and spare parts lists catalogs. SC-5 W A G E R A T E S C H E D U L E DETAILS OF CONSTRUCTION 1. PREPARATION OF SITE The removal of any trees, posts, dirt and debris that might exist in construction area will be part of this contract. Such material shall be hauled from the pro- perty of the Owner unless otherwise directed. Soil excavated in excess of that needed in fill and backfill shall be hauled to areas on the Campus designated by the City Representative. 2. PERMITS, FEES, ETC. If applicable, the Contractor under each section of these specifications shall arrange for a building permit from the City of Lubbock for record purposes. Inasmuch as all utilities at the site are owned by the University, there are no connection fees. If any charges are made by any of the utility companies serving the campus due to work on this project, the Contractor shall pay these charges. The Contractor shall pay for an inspection fees, or other fees and charges required by ordinances, laws, codes, or these specifications. 3. TRENCHING METHODS Trench digging machinery may be used to make trench excavations except.where operation of same would cause damage to existing structures either above or below ground; in such instances hand methods shall be employed. 4. BARRICADES AND SAFETY PRECAUTIONS To protect persons from injury and to avoid property damage, adequate rigid barricades, construction signs, warning lights and guards as required shall be placed and maintained during progress of the construction work. All material, piles, equipment, pipe, and open trenches that may serve as hazards to vehicular or pedestrian traffic shall be protected by rigid barricades or fences and warning lights with sounding devices for the hearing impaired when needed. DC-1 5• PROTECTION OF ARCHITECTURE AND LANDSCAPING Construction equipment shall be confined to construction limits of areas involved. Any damage to improved areas such as sprinkler systems, lawns, trees, shrubs, and other architectural or landscaping features will be paid for by the Contractor. Any excavation, filling, backfilling in areas too small for heavy equipment, or in areas where existing landscaping will be damaged, will be done by hand. 6. PROTECTION OF EXISTING UTILITIES The Contractor shall visit the site and determine the location of all utility lines. Should the Contractor in the prosecution of the work damage these utilities, repair must be made under the direction of the City Representative at the Con- tractor's cost and expense. Existing lines shown on the drawings are not guaranteed as to size and location, or for completeness. Should the Contractor encounter, during construction operations, other underground utilities, consult immediately with the City Repre- sentative for direction on procedure. If the utilities are to be abandoned, the Contractor shall remove same with care and deliver to storage area on campus as directed. If utility lines prove to be "live" and cannot be abandoned, the Contractor shall cooperate with the Owner in keeping the respective service in operation until arrangements can be made to re-route same. 7. REJUVENATION OF COMPACTED AREAS Where compaction of the soil has occurred in turf or other plant material areas, within.the area of construction, the areas shall be rejuvenated by deep cultiva- tion of the compacted soil. After completion.of the construction, the Contractor shall scarify the construction site within the established construction limits. Scarifying shall be to.a minimum depth of eight (8) to ten (10) inches except within a thirty foot radius of trees where scarifying shall be a maximum of six (6) inches in depth. The surface shall be rototilled to a depth of four (4) to DC-2 six (6) inches and reshaped to prepare a suitable seed bed for planting by the Owner following construction. S. CLEANUP Within three (3) days after completion, the Contractor shall clean, remove rubbish and temporary structures from the streets, restore in an acceptable manner all property, both private and public, which has been damaged during the prosecution of the work, and leave the site of the work in a neat and presentable condition throughout. The cost of the cleanup shall be included as part of the cost of the various items of work involved, and no direct compensation will be made for this work. This work shall be done before final acceptance will be considered. DC-3 TECHNICAL SPECIFICATIONS ITEM 1 EXCAVATION AND FILL - TOPSOIL A. GENERAL This item shall consist of furnishing all materials, labor, equipment and incidentals necessary to strip and stockpile topsoil and to fill, level and bring to grade areas indicated on the plans. The work includes hauling the topsoil from the site to the stockpile area as well as hauling the topsoil from the stockpile area to the site, placing, leveling and grading. The Contractor. shall remove from the campus any shrubs, stumps, weeds or other miscellaneous debris encountered during the grading process. B. TOPSOIL Topsoil is defined as Amarillo fine sandy loam soil found in a depth no greater than eighteen (18) inches. Satisfactory topsoil is reasonably free of subsoil, clay lumps, stones and other objectionable material. C. EXCAVATION AND REMOVAL OF TOPSOIL The Contractor shall strip topsoil as directed by the City Representative and as indicated on the plans and remove to a stockpile area as designated by the City Representative. D. PLACING OF TOPSOIL Areas to receive topsoil shall be scarified to a minimum depth of four (4) inches. Install topsoil in eight -inch (811) layers and wet and tamp lightly to prevent settlement. Top eight -inch layer shall be installed loose and shall be bladed to smooth top surfaces. E, GRADING Uniformly grade areas within limits of site, including adjacent transition areas. Smooth finished surfaces within specified tolerances, compact with uniform levels or slopes between points where elevations are shown, or between such points and existing grades. TS-1 F. MAINTENANCE Protection of Graded Areas: Protect newly graded areas from traffic and erosion. Keep area free of trash and debris. Repair and re-establish grades in settled, eroded and rutted areas to the specified tolerances. Reconditioning Compacted Areas: Where completed compacted areas are disturbed by subsequent construction operations or adverse weather conditions, scarify the surface, reshape, and compact to the required density prior to further con- struction. G. DISPOSAL OF EXCESS AND WASTE MATERIALS All waste materials, trash and debris shall be removed from the Owner's property and disposed of legally. TS-2 ITEM 2 DEMOLITION A. GENERAL NOTE The work required by this section of the specifications consist of furnishing all materials, labor, tools and equipment and in performing all operations neces- sary to complete the demolition, removals and related work in accordance with the drawings and specifications and subject to the terms of and conditions of the contract. 1. Included in the work to be performed is the demolition and removal of any existing obstructions on the site that interfere with the work to be accomplished whether or not specifically shown on the drawings or described in the specifica- tions. Such removals shall be coordinated with the City Representative. 2. Included in the work to be performed is the demolition, cutting and removal work in connection with the removal of asphalt and base as shown on the drawings. B. CLEANING 1. Demolish obstructions in such manner as to avoid hazard to person and property. 2. Promptly remove from the Owner's property all rubble, debris, and trash. Keep the premises in a neat and clean condition at all times. Leave no materials of any kind that may become rodent harbors. 3. Burn no materials or debris on the premises. 4. Preserve in operating condition all active utilities traversing the pro- ject site. Protect all property, including but not limited to trees, mains, man- holes, catch basins, valve boxes, meters, poles, guys, and other appurtenances. Repair damage to any such utility due to work under this contract to the satis- faction of the Owner. TS-3 ITEM 3 8" ASPHALT STABILIZED. BASE (PLANT MIX) 11" TYPE D HOT MIX ASPHALT CONCRETE PAVEMENT A. GENERAL This item shall consist of furnishing all materials, labor, equipment and incidentals necessary for the excavation and preparation of subgrade, the place- ment of 8" Asphalt Stabilized Base and placement of 1111 Type D Hot Mix Asphalt Concrete Pavement. The standard reference for the technical specifications shall be Texas Highway Department 1982 Standard Specifications for Construction of Highways, Streets, and Bridges, hereafter referred to as (T.H.D.-1982). When reference is made to "Engineer" in (T.H.D.-1982) it shall be interpreted as City Representative. B. SUBGRADING 1. Scope. The work to be done under this section consists of furnishing all labor, materials and equipment, required for all excavation, filling and grading in connection with paving the areas designated on the plans. Such work includes excavation, filling and grading for paving, curbs and gutters (exca- vation, filling and grading between curbs and adjoining pavement), in accordance with the typical cross sections; and excavation and grading at intersection stubs to meet grade of cross streets. Excavation, filling and grading shall conform to the lines and grades as shown on the plans and as directed by the City Repre- sentative. 2. Excavations a. General. Excavation will consist of removing all materials, (including old pavement, sidewalks and trees, curbs, or curbs and gutters) from areas where subgrade or finished grade is below existing ground surface. The excavated materials shall be disposed of in the following manner: (1) wherever filling is required in the streets and parking area being paved or at approaches on intersecting streets, suitable materials, not designated as topsoil from cut TS-4 areas shall be used in making such fills to the grades as established by the City Representative; (2) the excess excavated materials not required, or unsuitable, for making the fills mentioned above shall be designated as excess material and shall be disposed of at a location on the Texas Tech Campus as designated by the City Representative. All materials, within the limits of the work shown on the plans or as directed by the City Representative, shall be removed and disposed of in accordance with the provisions of this section. Topsoil shall be excavated to a depth of six (6) inches over the entire area in which construction is to take place. Areas to be stripped of topsoil are designated on the plan. Topsoil will be stockpiled at locations indicated on the plan and will be used for backfilling of concrete curb and gutters and parking islands to a depth of within one (1) inch of top of curb. Care shall be taken in all excavation work to avoid damage to existing pavement, curbs, electric cables, water lines, gas lines and manholes and other such installations. In case a change in the location of such installation is required, the University will make such changes prior to commencement of work on areas involved. The University will also have personnel available to point out locations of underground utilities or structures so that proper care can be exercised to protect them during construction of paving. Should the installations mentioned above be damaged by the Contractor's forces or equipment, they shall be replaced or repaired as directed at the expense of the Contractor. b. Existing Pavement, Curbs, Gutters, Sidewalks, Etc. Such materials shall not be incorporated in fills. Generally, this material shall be disposed of as waste and shall be removed from the University campus. Where sidewalks are removed care shall be taken to break up only the portion of the walk requiring removal. T&-5 c. Finishing. All excavation shall be done to neat lines and grades as shown on the plans or directed by the City Representative. An excavation below such grade, and the consequent filling to the established grade shall be done at the expense of the Contractor. Excavation beyond the ends of intersection stubs shall be finished neatly to the lines and grades established or as shown on the typical cross section on the plans. 3. Filling a. General. Fills shall be constructed to the grades as shown on the plans or established by the City Representative in approximately horizontal layers. Before placing any fill, existing surfaces on which fill is to be placed shall be scarified to a depth of two (2) to three (3) inches in order to bond the fill with the existing surface. Any materials in the subgrade which are below finished subgrade excavation and, in the opinion of the City Representative, are unsuitable for subgrade material shall be removed and replaced with suitable materials. b. Placing and Compacting. After the existing surface has been prepared, acceptable fill material shall be deposited in loose layers and then wetted and thoroughly mixed to uniform optimum moisture content. The material shall then be spread in a uniform layer not exceeding six (6) inches thickness and then compacted with a pneumatic roller, specified in paragraph 5. Rolling shall commence at the sides and proceed to the middle, with each pass of the roller overlapping the preceeding one by one-half the width of the roller, and shall continue until the material is thoroughly compacted to the satisfaction of the City Representative. Additional water shall be added to maintain optimum conditions during the com- paction, if required. If the material contains excess moisture, from rain or other source, rolling shall be deferred until optimum conditions are reached. Succeeding -layers shall be placed in a like manner. If a "crust" has formed on any layer before the succeeding layer is placed, this surface shall be scarified TS-6 before additional fill material is placed on it. Material in soft places which develop under compaction shall be removed and replaced with other acceptable material so that uniform density is obtained throughout the fill. Areas not accessible to rolling equipment shall be compacted by hand tamping or other approved methods to a density equal to that of the remainder of the work. The material shall be compacted to 95% of maximum density, at optimum moisture, as determined by the A.A.S.H.O. Method T-180-70. 4. Subgrade Finishing Subgrade shall be finished accurately to grades and cross sections as shown on the plans and established in the field. Where subgrade is in cut, the surface shall be brought accurately to grade and cross section by blading or hand grading where required. The surface shall then be rolled with the pneumatic and then the three wheel roller, specified in paragraph 5, until it presents a uniform, thoroughly compacted appearance. Areas inaccessible to the roller shall be given equal compaction by other approved methods. Moisture shall be maintained in the material by sprinkling as required during this operation. Where subgrade is in fill, the final rolling with pneumatic roller of the last layer deposited, shall be followed by the blading and rolling with the three wheel roller as described above. Warped sections, valley gutters and other irregularities in section as shown on the plans or established in the field, shall be accurately formed in the subgrade during the finishing operation. Subgrade shall be checked by "teeing" from gutter to gutter on cross section -and valley gutters and by means of a straightedge, longitudinally. A satisfactory straightedge shall be furnished by the Contractor, if required. Variations of more than one-half (1) inch from true cross section shall be corrected by loosening, adding or removing material, reshaping and recompacting the area affected. 5. Rolling Equipment A. Pneumatic Roller. Pneumatic roller shall consist of not less than nine pneumatic -tired wheels, running on two axles in such a manner that the rear TS-7 wheels of not less than three hundred and twenty-five (325) pounds per linear inch of tire width. The rear wheels shall be flat, shall have a diameter of not less than forty-eight (48) inches and shall have a tire width of not less than twenty (20) inches. C. 8" ASPHALT STABILIZED BASE (PLANT MIX) The work to be completed under this section is described in (T.H.D.-1982), Item 292, pgs. 173 - 188. D. 11" TYPE D HOT MIX ASPHALTIC CONCRETE PAVEMENT The work to be completed in this section is described in (T.H.D.-1982), Item 340, pgs. 239-263. Only those sections of Item 340 relating to the Type D Hot Mix Asphaltic Concrete Pavement are applicable. TS-8 Item 4 CONCRETE CURB AND GUTTER A. DESCRIPTION This item shall consist of the Portland Cement Concrete Reinforced Curb and Gutter as shown on plans and detail or as designated by the City Representative. The curb will be 6"x6"x18"/24". The subgrade for curb and gutter will be com- pacted or cut to within one inch of its finished grade before any curb and gutter form shall be placed. The preparation of subgrade is included in this item. B. SUBGRADING FOR.CURBS, GUTTERS The areas to receive concrete curb and gutter shall be finished accurately to the grades and cross -sections as shown on the plans or as established by the City Representative so that a minimum of hand tamping and filling shall result. If hand fill and tamping are required, the loose material shall be wetted to optimum moisture and such materials carefully tamped to secure a firm foundation for the proper compaction of base materials. C. FORMS Forms may be of wood or metal, or a section satisfactory to the City Repre- sentative; straight, free of warp, and of a depth equal to the depth of the concrete section formed. Forms shall be constructed accurately to the line and grade as established in the field, shall be adequately braced so that they will not move during the placing of the concrete. Forms shall be oiled with a light oil before each use and forms which are to be re -used shall be cleaned immediately after use and maintained in good condition. In no case shall a concrete pour be started without the approval of the City Representative of the forms as placed. Forms shall be placed where necessary to form the front and back edges of the curb and gutter where not bordered by other permanent improvements such as buildings, docks, etc., and where necessary to form construction and expansion joints (see details on plans). TS-9 The forms shall be such that the face of the curb can be formed by use of a face form held in place by steel templates. Forms used for curb radii and other curbed street sections shall meet all of the above specifications, except that form shall be flexible so that a smooth line will be obtained. Curb and filets, as indicated on plans, shall be placed in a monolithic pour. D. CONCRETE MATERIALS - PROPORTIONING The exact amount of all materials entering into the concrete shall be deter- mined in the field in order to produce the desired durability, density, uniformity, workability and the specified strength. One bag of cement will be considered as ninety four (94) pounds and one gallon of water as eight and thirty-three one hun- dredths (8.33) pounds. Water contained in aggregate shall be taken into account in determining the amount of water to add to the mixture. Concrete shall conform to the following: Max. water content U. S. gals. per sack of cement 7.0 Min. cement content 94 lb. sacks, per cu. yd. 5.0 Compressive strength, lbs. per sq. in. at 28 days 3000 E. REINFORCEMENT Reinforcement shall consist of #3 reinforcing bars placed as detailed on the plans. F. PLACING, MAKING JOINTS, AND FINISHING Before any concrete is placed, the base material shall have been shaped to the line, grade and cross-section desired, and properly compactedito 90% Standard Proctor Density and shall be inspected and approved by the City Representative. If dry, the base material shall be thoroughly moistened (not made muddy) before concrete is placed. Concrete shall be deposited in place in such a manner as to require the minimum of rehandling and so as to obtain a uniformly dense section, free of honeycomb and conforming to the grade, thicknesses and shapes as shown on plans. The concrete shall be formed slightly above the true section in order to allow for shrinkage from working and finishing operations. TS-10 Curb and gutter shall be constructed with an expansion joint at the tangent point of each return at intersection and at intervals of not more than thirty (30) feet between the intersections. Expansion joints shall be of the material Item 420.2(2a) of State Highway`Department Specifications. Construction joints formed by removable metal plates (templates) accurately shaped to the true cross- section of the.curb and gutter shall be located at the mid -point of each section between expansion joints or as directed by the City Representative. Contraction joints shall be placed at ten foot intervals. All joints shall be perpendicular to the surface of the concrete and to the axis of the section. Curb and gutter shall be finished uniformly by floating with a wood float and by troweling to an accurate cross-section. The final finish will be accom= plished by a brush, the last stroke being one from the back of the curb to the lip of the gutter. Both sides of all joints, the lip of the gutter, and the back edge of the curb shall be finished with an approved edging tool before the final brushing. Curves at the bottom and top of the curb and gutter shall present a uniform appearance without waves in the face of the curb or pockets in the gutter. G. PROTECTION AND CURING All concrete work shall be covered with burlap or other suitable material as soon as it has set sufficiently to prevent marking and kept wet for at least four (4) days. Care shall be taken to prevent mechanical injury during this period and until the work is accepted. Any work damaged prior to acceptance shall be re- paired by the Contractor at his own expense and to the satisfaction of the City Representative. In lieu of this above method of curing, the curb and gutter may be cured by applying liquid membrane coating to all exposed surfaces, provided such material and method is first approved by the City Representative. - Immediately after the removal of forms, the curb and gutter shall be backfilled with topsoil and a roll of excavated material placed against the inside face of the gutter. TS-11 Concrete shall be protected against low temperatures of not less than 50°F. for five days after placement. If aggregate and water are heated, they shall not be heated above 175°F. Concrete shall not be placed when the ambient temperature is less than 40°F. and falling or 35°F. and rising. It shall be the responsibility of the Contractor to anticipate as nearly as possible changes in weather conditions which would affect the placement and protection of the concrete, and to be prepared to protect freshly placed concrete when sudden changes of weather make such pro- tection necessary. H. REPLACEMENT OF DAMAGED CURB AND GUTTER OR GUTTER No patching of any nature shall be allowed in repairing any damage to curb and gutter or gutter which occurs during the construction process of paving improvements in any unit prior to the acceptance of said unit. Where damage occurs a minimum of ten (10) feet of gutter or gutter and curb containing the damaged portion shall be removed to the nearest joints and shall be replaced with new construction. TS-12 ITEM 5 6" REINFORCED VALLEY GUTTER A. DESCRIPTION This item shall consist of Portland Cement Reinforced concrete valley gutter, 36" width, constructed on approved subgrade in accordance with the specifications and in conformity with the lines and grades established on the plans and details. It shall be reinforced with #3 reinforcing bars placed as detailed on the plans. B. SUBGRADING The area to receive concrete slab shall be finished accurately to the grades and cross -sections as shown on the plans or as established by the City Representative so that a minimum of filling shall result. If filling is required, the loose materials shall be wetted to optimum moisture and such materials carefully com- pacted to secure a firm foundation for the proper compaction of base materials. C. FORMS Forms may be of wood or metal, or a section satisfactory to the City Repre- sentative; straight, free of warp, and a depth equal to the depth of the concrete section formed. Forms shall be constructed accurately to the line and grade as established in the field, shall be adequately braced so that they will not move during the placing of the concrete. Forms shall be oiled with a light oil before each use and forms which are to be re -used shall be cleaned immediately after use and maintained.in good condition. In no case shall a concrete pour be started without the approval of the City Representative of the forms as placed. Forms shall be placed where necessary to form the outside edges of valley gutter and, where necessary, to form construction and expansion joints (see details on plans). Flow line of valley gutter shall match the flow line of adjacent curb and gutter at filets. Curb and filets, as indicated on plans, shall be placed in a monolithic pour. TS-13 D. CONCRETE MATERIALS - PROPORTIONS The exact amount of all materials entering into the concrete shall be determined in the field in order to produce the desired durability, density, uniformity, work- ability and the specified strength. One bag of cement will be considered as ninety- four (94) pounds and one gallon of water as eight and thirty-three one hundredths (8.33) pounds. Water contained in aggregate shall be taken into account in deter- mining the amount of water to add to the mixture. Concrete shall conform to the following: Max. water content U. S. gals. per sack of cement 7.0 Min. cement content 94 lb. sacks, per cu. yd. 5.0 Compressive strength, lbs. per sq. in. at 28 days 3000 E. PLACING AND FINISHING Before any concrete is placed, the base material shall have been shaped to the line, grade and cross-section desired, and if necessary, properly compacted to 90% Standard Proctor Density and shall be inspected and approved by the City Repre- sentative. If dry, the base material shall be thoroughly moistened (not made muddy). Concrete shall be deposited in place in such a manner as to require the minimum of rehandling and so as to obtain a uniformly dense section, free of honey- comb and conforming to the grade, thicknesses and shapes as shown on the plans. The concrete shall be formed slightly above the true section in order to allow for shrinkage from working and finishing operations. Valley gutter shall be constructed with expansion joints at intervals of not more than thirty (30) feet between the intersections. Expansion joints shall be of the material Item 420.2(2a) of State Highway Department Specifications. Contraction joints shall be placed at ten foot intervals. All joints shall be perpendicular to the'surface of the concrete and to the axis of the section. Valley gutter shall be finished uniformly by floating with a wood float and by troweling to an accurate cross-section. The final finish will be accomplished by a brush, the last stroke being one from the back of the Valley Gutter to the TS-14 front. Both sides of all joints and the edges of the Valley Gutter shall be finished with an approved edging tool before the final brushing. The surface shall present a uniform appearance without waves or pockets in the gutter. F. PROTECTING AND CURING All concrete work shall be covered with burlap or other suitable material as soon as it has set sufficiently to prevent marking and kept wet for at least four (4) days. Care shall be taken to prevent mechanical injury during this period and until the work is accepted. Any work damaged prior to acceptance shall be repaired by the Contractor at his own expense and to the satisfaction of the City Representative. In lieu of the above method of curing, the Valley Gutter may be cured by applying liquid membrane coating to all exposed surfaces, provided such material and method is first approved by the City Representative. Immediately after the removal of forms; the Valley Gutter shall be backfilled for five days after placement. If aggregate and water are heated, they shall not be heated above 175°F. Concrete shall not be placed when the ambient temperature is less than 40°F. and falling or 35°F. and rising. It shall be the responsibility of the Contractor to anticipate as nearly as possible changes in weather conditions which would affect the placement and protection of the concrete, and to be pre- pared to protect freshly placed concrete when sudden changes of weather make such protection necessary. G. REPLACEMENT OF DAMAGE CONCRETE No patching of any nature shall be allowed in repairing any damage to Valley Gutter which occurs during the construction process of paving improvements in any unit prior to the acceptance of said unit. Where damage occurs, the damaged portion shall be removed to the nearest joints and shall be replaced with new construction. O&M61 ITEM 6 6" REINFORCED CONCRETE A. DESCRIPTION This item shall consist of Portland Cement Reinforced concrete slab, 6" thick- ness as shown on plans and details or as designated by the City Representative. Shapes and sizes of concrete slab shall conform to details shown on the plans and reinforced with #3 reinforcement bars at 18" on center each way. The preparation of the site, which includes removal of excess dirt and debris, grading (excavation or fill) under the slab and placing of concrete, shall be part of this item. B. SUBGRADING The area to receive concrete slab shall be finished accurately to the grades and cross -sections as shown on the plans or as established by the City Representative so that a minimum of filling shall result. If filling is required, the loose materials shall be wetted to optimum moisture and such materials carefully compacted to secure a firm foundation for the proper compaction of base materials. C. FORMS Forms may be of wood or metal, or a section satisfactory to the City Repre- sentative; straight, free of warp, and a depth equal to the depth of the concrete section formed. Forms shall be constructed accurately to the line and grade as established in the field, shall be adequately braced so that they will not move during the placing of the concrete. Forms shall be oiled with a light oil before each use and forms which are to be re -used shall be cleaned immediately after use and maintained in good condition. In no case shall a concrete pour be started without the approval of the City Representative of the forms as placed. Forms shall be placed where necessary to form the outside edge of slab (where slab is not bordered by concrete curb and gutter or other permanent improvements such as buildings, docks,.etc.), and where necessary to form construction and expansion joints (see details on plans). TS-16 D. CONCRETE MATERIALS - PROPORTIONING The exact amount of all materials entering into the concrete shall be determined in the field in order to produce the desired durability, density, uniformity, workability and the specified strength. One bag of cement will be considered as ninety-four (94.) pounds and one gallon of water as eight and thirty- three one hundredths (8.33) pounds. Water contained in aggregate shall be taken into account in determining the amount of water to add to the mixture. Concrete shall conform to the following: Max. water content U. S. gals. per sack of cement 7.0 Min. cement content 94 lb. sacks, per cu. yd. 5.0 Compressive strength, lbs. per sq. in. at 28 days 3000 E. PLACING, MAKING JOINTS AND FINISHING Before any concrete is placed, the base material shall have been shaped to the line, grade, and cross-section desired, and properly compacted to 90% Standard Proctor Density and shall be inspected and approved by the City Representative. Where slab lies transverse with the anticipated natural flow, a slope of one-fourth inch per foot of width of slab shall be incorporated in the grade of the slab from the upstream side to the downstream side, and at right angle to the center line of the slab unless otherwise described by plan or detail. If dry, the base material shall be thoroughly moistened (not made muddy) before concrete is placed. Concrete shall be deposited in place in such manner as to require the minimum of rehandling and so as to obtain a uniformly dense section, free of honey -comb, and conforming to the grade, thicknesses and shapes shown on the plans. The concrete shall be formed..slightly above the true section in order to allow for shrinkage from work- ing and finishing operations. The slab shall be constructed with expansion joints at intervals of approximately twenty feet. Expansion joints shall be of the material Item 420.2(2a) of State Highway Department Specifications. Wherever slab abuts a curb or other separate rigid structure, an expansion joint shall be placed between the slab and said TS-17 separate rigid structure. Expansion joint material shall be placed around any poles, fire hydrants, meters, etc., that are to be contained in the slab area. The finish on the surface of the concrete shall be monolithic with the slab. It shall be done uniformly by floating with a wood float and by troweling with a steel trowel to an accurate cross-section and then lightly broomed in a transverse direction. Both sides of all joints and all edges shall be finished with an approved tool before light brooming. F. PROTECTION AND CURING All concrete work shall be covered with burlap or other suitable material -as soon as it has set sufficiently to prevent marking and kept wet for at least four (4) days. Care shall be taken to prevent mechanical injury during this period and until work is accepted. Any work damaged prior to acceptance shall be repaired by the Contractor at his own expense and to the satisfaction of the City Representative. In lieu of the above method of curing, the concrete may be cured by applying liquid membrane coating to all exposed surfaces, provided such material and method is first approved by the City Representative. Immediately after the removal of forms, the slab shall be backfilled with a roll of excavated material against the face of the slab. Concrete shall be protected against low temperatures of not less than 500 F. for five days after placement. If aggregate and water are heated, they shall not be heated above 175°F. Concrete shall not be placed when the ambient temperature is less than 40°F. and falling or 35°F. and rising. It shall be the responsibility of the Contractor to anticipate as nearly as possible changes in weather conditions which would affect the placement and protection of the concrete, and be prepared to protect freshly placed concrete when sudden changes of weather make such pro- tection,necessary. G. REPLACEMENT OF DAMAGED CONCRETE No patching of any nature shall be allowed in repairing any damage to any concrete which occurs during the construction process prior to acceptance of said concrete. TS-18 Where damage occurs, damaged portion shall be removed to nearest joint and replaced with new construction. TS-19 ITEM 7 CONCRETE SIDEWALK, 4 INCH. REINFORCED A. DESCRIPTION This item shall include the laying of monolithic Portland Cement concrete slab, four (4) inches thick as shown on the plans and details or as directed by the City Representative. The preparation of site including removal of dirt and debris; grading (excavation or fill) under the slab will be part of this item. B. SUBGRADING The area to receive concrete sidewalks shall be finished accurately to the grades and cross -sections as shown on the plans or as established by the City Representative so that a minimum of hand tamping and filling shall result. If hand tamping and filling are required, the loose materials shall be wetted to optimum moisture and such materials carefully tamped to secure a firm foundation for the concrete. C. FORMS Forms may be of wood or metal, or a section satisfactory to the City Representa- tive; straight, free of warp, and a depth equal to the depth of the concrete section formed. Forms shall be constructed accurately to the line and grade as established in the field, shall be adequately braced so that they will not move during the placing of the concrete. Forms shall be oiled with a light oil before each use and forms which are to be re -used shall be cleaned immediately after use and main- tained in good condition. In no case shall a concrete pour be started without the approval of the City Representative of the forms as placed. Forms shall be placed where necessary to form the outside edge of slab (where slab is not bordered by concrete curb and gutter or other permanent improvements such as buildings, docks, etc.), and where necessary to form construction and ex- pansion joints (see details on plans). D. REINFORCEMENT Reinforcement shall consist of 6 inch x 6 inch - 10-10 gauge wire mesh layered TS-20 the full length and width of the slab. E. PROPORTIONS The exact amount of all materials entering into the concrete shall be determined in the field in order to produce the desired durability, density, uniformity, work- ability and the specified strenth. One bag of cement will be considered as ninety- four (94) pounds and one gallon of water as eight and thirty-three one hundredths (8.33) pounds. Water contained in aggregate shall be taken into account in deter- mining the amount of water to add to the mixture. Concrete shall conform to the following: Max. water content U. S. gals. per sack of cement 7.0 Min. cement content 94 lb. sacks,.per cu. yd. 5.0 Compressive strength, lbs..per sq. in. at 28 days 3000 F. PLACING, MAKING JOINTS AND FINISHING Before any concrete is placed, the subgrade shall have been shaped to the line, grade, and cross-section desired, and if necessary, hand tamped and sprinkled for proper compaction and shall be inspected and approved by the City Representative. Where walk lies transverse with the anticipated natural flow, a slope of one-fourth inch per foot of width of walk shall be incorporated in the grade of the walk from the upstream side to the downstream side, and at right angle to the center line of the walk unless otherwise described by plan or detail. If dry, the base materials shall be thoroughly moistened (not made muddy) before concrete is placed. Concrete shall be deposited in place in such manner as to require the minimum of rehandling and so as to obtain a uniformly dense section, free of honey -comb, and conforming to the grade, thicknesses and shapes shown on the plans. The concrete shall be formed slightly above the true section in order to allow for shrinkage from working and finishing operations. Sidewalk shall be constructed with expansion joints at intervals of approximately thirty feet. Expansion joints shall be of the material from 420.2(2a) of State Highway Department Specifications. Wherever sidewalk abuts a curb or other separate rigid structure, an expansion joint shall be placed between the sidewalk and said separate rigid structure. Expansion joint material shall be placed around any poles, fire hydrants, meters, etc., that are to be contained in the sidewalk area. Care shall be taken that transverse expansion joints for sidewalks do not line up with expansion joints for curb and gutter. Walks shall be scored as shown on plans or as directed by the City Representative. The finish on the surface of the concrete shall be monolithic with the slab. It shall be done uniformly by floating with a wood float and by troweling with a steel trowel to an accurate cross section and then lightly broomed in a transverse direction. Both sides of all joints and all edges shall be finished with an approved tool before light brooming. G. PROTECTION AND CURING. All concrete work shall be covered with burlap or other suitable material as soon as it has set sufficiently to prevent marking and kept wet for at least four (4) days. Care shall be taken to prevent mechanical injury during this period and until work is accepted. Any work damaged prior to acceptance shall be repaired by the Contractor at his own expense and to the satisfaction of the City Representative. In lieu of the above method of curing, the concrete may be cured by applying liquid membrane coating to all exposed surfaces, provided such material and method is first approved by the City Representative. Immediately after the removal of forms, the sidewalk shall be backfilled with Amarillo fine sandy loam, free of debris and caliche, to be supplied by the Uni- versity and available to the Contractor at a designated stockpile site. Concrete shall be protected against low temperatures of not less than 50°F. for five days after placement. If aggregate and water are heated, they shall not be heated above 175°F. Concrete shall not be placed when the ambient temperature is less than 40°F. and falling or 35°F. and rising. It shall be the responsibility of the Contractor to anticipate .as nearly as possible changes in weather conditions which would affect the placement and prootection of the concrete, and be prepared to protect freshly placed concrete when sudden changes of weather make such pro- tection necessary. TS-22 H. REPLACEMENT OF DAMAGED CONCRETE No patching of any nature shall be allowed in repairing any damage to any concrete which occurs during the construction process prior to acceptance of said concrete. Where damage occurs, damaged portion shall be removed to nearest joint and replaced with new construction. TS-23