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Resolution - 2002-R0253 - Contract For Citizen Collection_Transfer At Caliche Canyon Landfill - 06_26_2002
Resolution No. 2002-RO253 June 26, 2002 Item No. 47 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 for the citizen collection/transfer station at Caliche Canyon Landfill, by and between the City of Lubbock and Onyx Contractors, LP of Odessa, Texas, and related documents. Said Contract is attached hereto and incorporated in this resolution as if fully set forth herein and shall be included in the minutes of the City Council. Passed by the City Council this 26th day of June , 2002. i � fj ,F MARC MCDO ', MAYOR ATTEST: Re ecca Garza, City Secretary APPROVED AS TO CONTENT: Vc ` Victor Kilman, rchasing Manager APPROVED AS TO FORM: William de Haas Contract Manager/Attorney gs/ccdocs/Contract-Onyx Contractors,.res June 14, 2002 REST RATING -- LICENSED IN TEXAS fo DATE z 8YM-2t CITY OF LUBBOCK SPECIFICATIONS FOR CITIZEN COLLECTION/TRANSFER STATION AT CALICHE CANYON LANDFILL ITB #103-02/13M "A City Of Planned Progress" CITY OF LUBBOCK Lubbock, Texas ITS # 103-02/BM, Addendum # 2 City of Lubbock PURCHASING DEPARTMENT ROOM L04, MUNICIPAL BUILDING 1625 13"' STREET LUBBOCK, TEXAS 79401 PH: (806) 775-2167 FAX: (806) 775-2164 http://purchasing.cl.lubbock.tx.us MAILED TO VENDOR: CLOSE DATE: ADDENDUM # 2 ITB # 103-02/BM Citizen Collection/Transfer Station at Caliche Canyon Landfill May 24, 2002 May 30, 2002 @ 2:00 P.M. The following items take precedence over specifications for the above named Invitation to Bid (ITB). Where any item called for in the ITB documents is supplemented here, the original requirements, not affected by this addendum, shall remain in effect. 1. Question: Detail B-B on sheet C6 calls for (3) 3/4" bolts in sleeves every 48". The drawing shows (2) bolts and gives their locations. Will there need to be 2 or 3 bolts in each row? Response: There should be three (3) 3/4" bolts in sleeves every 48". 2. Question: It looks like there is supposed to be a hinge in the plates at the top of the retaining walls so that they can flip over and keep trash from falling between the containers and the wall. No hinge is mentioned or specified. Response: Field fabricate steel hinge (6 per plate). Fabricate hinge with 3/4-diameter schedule 40 pipe with 3/4- diameter pin. Hinge is to be a minimum of 12 inches long. Provide grease zirt at each hinge. Weld hinge to plates. All requests for additional information or clarification must be submitted in writing and directed to:, Questions may be faxed to: or Email to: Bruce MacNair, Senior Buyer City of Lubbock P.O. Box 2000 Lubbock, Texas 79457 (806) 775-2164 bmacnair@mail.cHubbock.tx.us THANK YOU, CITY OF LUBBOCK Bruce MacNair Senior Buyer PLEASE RETURN ONE COPY OF THIS ADDENDUM WITH YOUR BID. ITS 103-02/BM ad2 ITB # 103-02/13M, Addendum # 1 City of Lubbock PURCHASING DEPARTMENT ROOM L04, MUNICIPAL BUILDING 1625 13T" STREET LUBBOCK, TEXAS 79401 1 PH: (806) 775-2167 FAX: (806) 775-2164 http://purchasing.ci.lubbock.tx.us ADDENDUM # 1 ITB # 103-02/BM Citizen Collection/Transfer Station at Caliche Canyon Landfill MAILED TO VENDOR: May 23, 2002 CLOSE DATE: May 30, 2002 @ 2:00 P.M. The following items take precedence over specifications for the above named Invitation to Bid (ITB). Where any item called for in the ITB documents is supplemented here, the original requirements, not affected by this addendum, shall remain in effect. 1. On Sheet C4, Detail 6/C4, MISCELLANEOUS DETAILS, there is a reference to Sheet C5 FOR RETAINING WALL DETAILS. This reference should be changed to Sheet C6. 2. On Sheet C4, MISCELLANEOUS DETAILS, Type J-Hinged and Type F-Doweled construction / contraction joints are not required as long as the reinforcement is continuous through the paving joints. 3. On Sheet C1, LAYOUT PLAN, Delete reference to detail 10/C5. Refer to specifications for the sand / oil interceptor. 4. Regarding the asphalt pavement section, hot mix asphalt pavement will no longer be required. Paving Base material may be either FLEX BASE as currently specified or RECYCLED PAVING MATERIAL (RPM) as defined by TxDOT Special Specification 3157. Prior to placing FLEX BASE or RPM, contractor shall proof roll area to receive material with a minimum 25 tons gross loaded roller with a width of 8-feet to 10-feet. Soft areas noted in proof rolling shall be filled with additional FLEX BASE or RPM to bridge over soft areas. These areas will also be noted on the RECORD DRAWINGS as areas that may potentially fail due to waste subsidence and therefore, not subject to warranty coverage if failure is found to be due to underlying waste settlement. In lieu of Type D asphalt pavement on the surface of the drop off area, contractor will cover the FLEX BASE or RPM with a double coarse seal coat as identified as a Double Penetration (Grade 4, Type PA) in the attached specification SECTION 1, SEAL COAT. This is basically apre-coated Grade 4 rock that is placed in two layers on -= a primed base surface. 5. Section 1, SEAL COAT, (ATTACHED) is added in its entirety. 6. 0: Where is section AA on sheet C6 taken from? We need clarification on the quantity, location, and details for the plate, which is mounted to the top of the wall. Where do they go, how many are there, where are the dock bumpers and how many are there, etc. A: The section AA is a typical detail through any portion of the wall. There are six "drop off' locations at the top of the wall. Five of the drop off points are located along the entire wall, on a north -south alignment. These five drop offs should be 22-feet in length, with the metal plate and bumpers being continuous for the entire length. The sixth metal plate and bumper is on an east -west alignment and is located on the far south side of the facility and is 18-feet in length. The metal plates and bumpers are to be centered on each drop off section. 7. The Budget amount for CONSTRUCTION is $349,000.00 (Three hundred forty-nine thousand Dollars). 8. Reference the use of Cell W" for fill material; Cell W" may be used as an alternate site for fill material. ITB 103-02/BM adl a ITB # 103-02/BM, Addendum # 1 All requests for additional information or clarification must be submitted in writing and directed to: Bruce MacNair, Senior Buyer City of Lubbock P.O. Box 2000 Lubbock, Texas 79457 Questions may be faxed to: (806) 775-2164 or Email to: bmacnair@mail.ci.lubbock.tx.us THANK YOU, CITY OF LUBBOCK . C.' Lri ef Bruce MacNair Senior Buyer PLEASE RETURN ONE COPY OF THIS ADDENDUM WITH YOUR BID. ITB # 103-02/BM, Addendum # 1 SECTION 1 SEAL COAT 1. SCOPE The work to be done under this section consists of furnishing all labor, materials, equipment, traffic control and safety devices necessary to construct a wearing surface, consisting of a single application of asphalt with or without latex additive covered with precoated or non-precoated aggregate (seal coat) or a double application of asphalt with or without latex additive covered with precoated or non-precoated aggregate (double penetration), on the streets shown on the plans to receive a seal coat or on other streets as directed by the Engineer and in accordance with these specifications. The work to be done under this section may also consist of furnishing all labor, materials and equipment necessary to clean street surfaces and gutters prior to seal coating. 2. MATERIALS 2.1 ASPHALT The asphalt used shall be of the grade and type specified below. Type and Grade AC-5 2.2 BITUMINOUS PRIME COAT Specification Texas Department of Transportation 1993 Standard Specifications The prime shall be MC-30 (meeting ASTM D2027) or RC-250 (meeting ASTM D2028) 2.3 LATEX ADDITIVE 2.3.1 A minimum of (2) two percent, by weight, latex additive (solids basis) shall be added to the AC-5 asphalt. The latex additive (Texas Department of Transportation Item 300.2 (2), 1993 Specifications) shall be governed by the following specifications: 2.3.2 The latex additive shall be an emulsion of styrene-butadiene low -temperature copolymer in water. The emulsion shall have good storage stability and possess the following properties. Monomer Ratio of Latex, - 73 ± 5 butadiene to styrene 27 ± 5 Minimum Solids Content, - 45 percent by weight Viscosity of Emulsion at - 2000 77 ± 1 F, cps, max (No. 3 spindle, 20 rpm Brookfield RVT Viscometer) 1 The manufacturer shall furnish the actual styrene-butadiene rubber (SBR) content for each batch of latex emulsion. This information shall accompany all shipments to facilitate proper addition rates. 2.3.3 The finished latex -asphalt blend shall be smooth, homogeneous and meet the following requirements: Minimum SBR content, percent ITB 103-02IBM ad1 ITB # 103-02/BM, Addendum # 1 by wt. solids (IR determination) 2.0 Penetration, 100g, 5 sec, 77 F, min 120 Viscosity, 140 F, poises, minimum 700 Viscosity, 275 F, poises, maximum 7.0 Ductility, 39.2 F, 1 cm/min, cm, minimum B Ductility, 39.2 F, 5 cm/min, cm, minimum 70 Separation of Polymer after 48 hrs. at 325 F None Separation of Polymer after 5 hrs. at 325 F ** None ** Applies in lieu of the 48 hour requirement when the latex modified asphalt is to be used in asphaltic concrete and the latex additive is introduced separately at the mix point, either by injection into the asphalt line or into the mixer. 2.4 AGGREGATE The aggregate shall be composed of clean, sound and durable particles of gravel, crushed gravel, or crushed stone. The percent of wear, as determined by the Los Angeles Abrasion machine test, AASHTO Test T-96 (ASTM C-131), shall not exceed 35 percent. The aggregate shall be free from organic matter, silt, clay, loam, or particles coated therewith. The aggregate shall not contain more than 5 percent by weight of soft particles and other deleterious material. The aggregate shall meet the requirements for gradation given in the following table when tested in accordance with AASHTO T-11 (ASTM C-117) and T-27 (ASTM C-136) (The washing test method shall be used): Grade 4 - THD Item 302, 1993 Specifications, modified Sieve Designation (Square Openings) Percent By Weight Retained on 5/8" Sieve.............................................................. 0 Retained on 1/2" Sieve0-2 - 2 Retained on 3/8 Sieve 5 - 25 Retained on No. 4 Sieve........................................................75 -100 Retained on No. 10 Sieve......................................................99 - 100 The aggregate shall not contain more than 1.0 percent by weight of fine dust, clay -like particles and/or silt. All aggregate samples required for testing shall be furnished by the Contractor. All tests for initial aggregate submittals necessary to determine compliance with requirements specified herein will be made by the Contractor at his expense. Sampling and testing will be conducted by an approved independent testing laboratory. No aggregate shall be used in the seal coat without prior approval. 2.5 PRE -COATED AGGREGATE (TYPE PA) 2.5.1 The aggregate shall meet the requirements of Section 2.3, this specification. 2.5.2 Precoated aggregate shall be aggregate of the type specified, treated (coated or fluxed) with 0.5 to 2.0 percent by weight of precoat material or flux oil meeting the requirements of this IT 103-02/BM ad1 ITB # 103-02/BM, Addendum # 1 specification and the approval of the Engineer. The aggregate shall meet all above specified requirements prior to application of the precoat material. Materials that are not uniformly and properly coated or fluxed, as determined by standard testing procedures or in the opinion of the Engineer, will not be accepted for use. 2.5.3 Water in an amount not to exceed 3 percent by weight of the mixture may be used in preparing the mixture. In the event water is used in the mixing operation, adequate measuring devices shall be used and the water shall be administered to the mix through an approved spray bar. 2.5.4 The precoating material and/or fluxing material shall meet the requirements of TxDOT Item 300.3(5) and/or (6), 1993 Specifications. 3. CONSTRUCTION METHODS 3.1 WEATHER LIMITATIONS Seal coat shall not be applied when the air temperature is below 60° F., the air temperature being taken in the shade and away from artificial heat. Seal coat shall not be applied when the temperature of the surface to be treated is below 70° F. Asphalt material shall not be placed when general weather conditions, in the opinion of the Engineer, are not suitable. Seal Coat shall not be applied using wet aggregate material or during sand, dust or rain storms. The pavement shall be free of surface moisture during periods of seal coat construction. No asphalt material shall be placed which will not allow completion of seal coat construction during daylight hours. 3.3 PREPARATION OF SURFACE The surface on which the seal coat is to be applied shall be cleaned and cleared of all dirt, dust or other deleterious materials by sweeping with rotary brooms or other approved methods immediately prior to application of the seal coat asphalt. When specifically identified in the contract documents, the Contractor shall be responsible for cleaning and clearing the streets to be seal coated and the gutters adjacent to the streets to be seal coated prior to starting seal coating operations. if cleaning and clearing the streets and gutters prior to seal coating is not specifically identified in the contract documents, the individual Owner City will be responsible for cleaning the streets prior to seal coating. In no case shall the seal coat be applied prior to cleaning the street. Cleaning and clearing the streets and gutters by the Contractor shall include collecting and hauling the swept materials to the individual Owner City's place of disposal. The Owner's City's place of disposal will be within the immediate vicinity of each individual City. A prime coat is required for areas receiving double penetration. The prime shall be applied and satisfactorily cured before starting the bituminous surface treatment. Separate measurement and payment for cleaning and clearing streets and gutters shall be made as herein specified. ITB 103 02/BM ad1 I ITB # 103-02/BM, Addendum # 1 ` 3A RATE OF APPLICATION OF MATERIALS 1 The asphalt and aggregates shall be applied at the rates as specified in the following schedule: Gallons of Asphalt Aggregate Application Range per sauare yard Cu. Yds. to Sq. Yds. Prime Coat 0.3 Double Penetration (Grade 4, Type PA) 0.3 N/A 1:110 to 1:120 Adjustments in the rates of application may be made by the Engineer if needed during the course of the work. 3.5 HANDLING AND APPLYING ASPHALT All storage tanks, piping, booster tanks, and distributors used in storing or handling asphalt shall be kept clean and in good operating condition at all times, and they shall be operated in such a manner that there will be no contamination of the asphalt with foreign material. Asphalt shall not be heated above 4000 F. at any time, and when applied, it shall be at a temperature of not less than 275° F. and not more than 3750 F. The Engineer will select the temperature of application, and the Contractor shall apply the asphalt at a temperature within 150 of the temperature selected. All asphalt material heated above 4000 F will be rejected. Recirculating heating equipment shall be equipped with recording temperature gauges. Asphalt shall be applied on the clean surface by an approved type of self-propelled pressure distributor so operated as to distribute the material in the quantity specified, evenly and smoothly, under the pressure necessary for proper distribution. The Contractor shall provide all necessary facilities for determining the temperature of the asphalt in all of the heating equipment and in the distributor, for determining the rate and pressure at which the asphalt is applied, and for securing uniformity at the junction of two distributor loads. The beginning and ending of each shot of asphalt shall start and stop on a strip of heavy paper of not less than thirty (30) inches in width. All manholes and valve boxes shall be accurately located and covered with paper before the asphalt is applied. In areas inaccessible to the distributor, asphalt shall be applied by means of a hose and spray nozzles attached to the distributor. Care shall be taken during application of any asphalt to shield the curb and gutter from the asphalt spray: satisfactory means of compliance with this requirement will be insisted upon. Asphalt material shall not be applied until immediate coverage with aggregate is assured. Asphalt and aggregate shall not be spread over a greater yardage than can be rolled and finished in one day's operation during daylight hours. Do not permit traffic on primed areas until the prime coat has cured adequately. -% 3.6 APPLICATION OF AGGREGATE Immediately after the application of the asphalt, the surface shall be covered with aggregate. The aggregate shall be spread with an approved, self-propelled, continuous feed aggregate spreader box, or approved equal, at the rates specified above. The Resident Project Representative reserves the right to control the speed of the spreader to an acceptable speed for the desired application rate of the aggregate. Immediately after the aggregate has been spread, it shall be thoroughly rolled with an approved 8 ton minimum pneumatic roller. The first rolling of the mineral aggregate shall be completed within 15 minutes after it has been spread. The pneumatic roller shall have a total compacting width of not less than 60 inches and shall have a minimum contact pressure of 45 pounds per square inch. Each trip shall overlap the previous trip by approximately one-half the width of the front wheels. ITB 103-02'BM ad1 ITB # 103-02/BM, Addendum # 1 The aggregate shall be spread in the same width of application as the asphalt material and shall not be applied in such thickness as to cause blanketing. Back -spotting or sprinkling of additional aggregate material, and application of additional asphalt material over areas that have insufficient aggregate cover or asphalt shall be done by hand whenever necessary. When the seal coat is applied in more than one strip, from 4 to 6 inches of the inside or adjoining edge shall be left uncovered with aggregate to allow for an overlap of asphalt when the adjacent strip is applied. The aggregate course shall be rolled with pneumatic rollers to insure proper embedment of aggregate into the asphalt. The rolling shall be continued until no more aggregate material can be worked into the surface. After completion of the initial rolling, a drag broom shall be used to spread the remaining aggregate not embedded during the initial rolling. The drag broom shall make at least two (2) complete passes over the entire seal coated surface. Further rolling on the strip being placed and on adjacent strips previously placed, shall be done as often as necessary to keep the aggregate material uniformly distributed. These operations shall continue until the surface is evenly covered and cured. When required by the Engineer, the aggregate course shall also be rolled with steel -wheel rollers. The steel wheel rollers shall be of the self-propelled tandem or three wheel type. The steel -wheel rollers shall be of such size to properly embed the aggregate without crushing or breaking of the aggregate particles. The wheels on the rollers shall be equipped with adjustable scrapers which shall be used when necessary to clean the wheel surfaces. Rollers shall be equipped with tanks and sprinkling apparatus which shall be used when necessary to keep the wheels wet and prevent surface materials from sticking. There should be a slight excess of aggregate on the surface after completion of the work as specified above and the Contractor shall be responsible for maintenance of the surface and the distribution of the excess aggregate until the work is accepted. Any additional aggregate required to cover bleeding or fat spots shall be furnished and applied by the Contractor. After final rolling, surplus aggregate shall be swept off the surface and removed prior to final acceptance of the work. Excess aggregate shall be delivered to the Owner. 3.7 CORRECTION OF DEFECTS Any defects, such as raveling, low centers, lack of uniformity, or other imperfections caused by faulty workmanship, shall be corrected to the satisfaction of the Engineer. All defective materials resulting from over -heating, improper handling, or application shall be removed by the Contractor and replaced with approved materials as provided for in these specifications. 3.8 ASPHALT MATERIAL CONTRACTORS' RESPONSIBILITY Certificates for the asphalt materials that the Contractor proposes to use, together with a statement as to their source and character, shall. be submitted and approval obtained before use of such materials begins. The Contractor shall furnish vendor's certified test reports for each carload, or equivalent, of asphalt shipped to the project. The report shall be delivered to the Engineer before permission is granted for use of the material. The furnishing of the vendor's certified test report for the asphalt material shall inot be interpreted as a basis for final acceptance. All such test reports shall be subject to verification _J by testing sample materials as received for use on the project. ITB 103-02/BM ad1 ITB # 103-02/BM, Addendum # 1 3.9 FREIGHT AND WEIGH BILLS Before the final estimate is allowed the Contractor shall file with the Engineer receipted bills where railroad shipments are made, and certified weight bills when materials are received in any other manner, of the asphalt material and aggregate actually used in the construction covered by the contract. The Contractor shall not remove asphalt material from the tank car or storage tank until the initial outage and temperature measurements have been taken by the Engineer, nor shall the car or tank be released until the final outage has been taken by the Engineer. Copies of all freight bills and weigh bills shall be furnished to the Engineer during the progress of the work. 3.10 CLEANUP After completion of the seal coat, all debris resulting from the construction shall be cleaned up and removed from the site of the work to an approved place of disposal. Gutters shall be cleaned of dirt, aggregate, or other material which would clog the gutter. All manholes and valve boxes shall be exposed and any excess asphalt or aggregate cleaned and removed. The entire premises of the work shall be left in a clean condition satisfactory to the Engineer, and all costs of cleanup shall be included in the contract unit prices for the items of work involved. END OF SECTION ITB 103-02/BM ad1 CITY OF LUBBOCK INVITATION TO BID FOR TITLE: CITIZEN COLLECTION/TRANSFER STATION J AT CALICHE CANYON LANDFILL ADDRESS: LUBBOCK, TEXAS _r t ITB NUMBER: 103-02/BM f PROJECT NUMBER: 90063.8302.30000 CONTRACT PREPARED BY: PURCHASING DEPARTMENT 2. k 3. 4. 5. 6. ( 7. f 8. 9. 10. r= ed INDEX NOTICE TO BIDDERS GENERAL INSTRUCTIONS TO BIDDERS BID SUBMITTAL - BID FOR LUMP SUM CONTRACTS PAYMENT BOND PERFORMANCE BOND CERTIFICATE OF INSURANCE CONTRACT GENERAL CONDITIONS OF THE AGREEMENT CURRENT WAGE DETERMINATIONS SPECIFICATIONS NOTICE TO BIDDERS NOTICE TO BIDDERS ITB #103-02/BM Sealed bids addressed to Victor Kilman, Purchasing Manager, City of Lubbock, Texas, will be received in the office of the Purchasing Manager, Municipal Building, 1625 13th Street, Room L-04, Lubbock, Texas, 79401, until 2:00 o'clock p.m. on the 30th day of May,2002, or as changed by the issuance of formal addenda to all planholders, to urnish all labor and materials and perform all work for the construction of the following described project: "CITIZEN COLLECTIONITRANSFER STATION AT CALICHE CANYON LANDFILL" After the expiration of the time and date above first written, said sealed bids will be opened in the office of the Purchasing Manager and publicly read aloud. It is the sole responsibility of the bidder to ensure that his bid is actually in t the office of the Purchasing Manager for the City of Lubbock, before the expiration of the date above first written. Bids are due at 2:00 o'clock mm. on the 30th dav of May. 2002. and the City of Lubbock City Council will consider the bids on the 13th dayof June. 2002 at the Municipal Building, 1625 13th Street, Lubbock, Texas, or as soon thereafter as may be reasonably convenient, subject to the right to reject any or all bids and waive any formalities. The successful bidder will be required to furnish a performance bond in accordance with Chapter 2253, Government Code, in the amount of 100% of the total contract price in the event that said contract price exceeds $100,000 and the successful bidder will be required to furnish a payment bond in accordance with Chapter 2253, Government Code, in the amount of 100% of the total contract price in the event that said contract price exceeds $25,000. Said statutory bonds should be issued by a company carrying a current Best Rating of B or su erior. Bidders are required, whether or not a payment or performance bond is required, to submit a cashier's or certified check issued by a bank satisfactory to the City of Lubbock, or a bid bond from a reliable surety company, payable without recourse to the order of the City of Lubbock in an amount not less than 5% of the total amount of the bid submitted as a guarantee that bidder will enter into a contract and execute all necessary bonds (if required) within fifteen (15) days after notice of award of the contract to him. It shall be each bidders sole responsibility to inspect the site of the work and to inform himself regarding all local conditions under which the work is to be done. It shall be understood and agreed that all such factors have been thoroughly investigated and considered in the preparation of the bid submitted. There will be a non -mandatory pre -bid conference on 21st day of May. 2002 at 10:00 o'clock a.m., in the Planning Conference Room 107, Lubbock, Texas. Bidders may view the plans and specifications without charge at Lubbock City Hall, 1625 13't' Street, Lubbock, Texas, Purchasing Department, Room L-04. Plans and specifications may be obtained by the bidder for a $100.00 refundable deposit per set. Plans and specifications may be obtained from Parkhill, Smith & Cooper, 4222 85th Street, Lubbock, Texas 79423, Phone: (806) 473-2200. Plans and specifications will be shipped at the bidder's expense. If bidder requires overnight or second day expedited method parcel shipment, the bidder will incur shipping charges and must fumish the name of the service to be used and the bidder's account number. Attention of each bidder is particularly called to the schedule of general prevailing rate of per diem wages included in the contract documents on file in the office of the Purchasing Manager of the City of Lubbock, which document is "+ specifically referred to in this notice to bidders. Each bidder's attention is further directed to provision of Article 5159a, Vernon's Ann. Civil St., and the requirements contained therein concerning the above wage scale and payment by the contractor of the prevailing rates of wages as heretofore established by owner in said wage scale. The City of Lubbock hereby notifies all bidders that in regard to any contract entered into pursuant to this advertisement, minority and women business enterprises will be afforded equal opportunities to submit bids in response to this invitation and will not be discriminated against on the grounds of race, color, sex, disability, or national origin in consideration for an award. The City of Lubbock does not discriminate against persons with disabilities. City of Lubbock pre -bid meetings and bid openings are available to all persons regardless of disability. If you would like bid information made available in a more accessible format or if you require assistance, please contact the City of Lubbock Human Relations Office at (806) 775- j 2281 at least 48 hours in advance of the meeting. I CITY OF LUBBOCK vt -�c K VICTOR KILMA PURCHASING MANAGER GENERAL INSTRUCTIONS TO BIDDERS f GENERAL INSTRUCTIONS TO BIDDERS 1 BID DELIVERY. TIME & DATE 1.1 The City of Lubbock is seeking written and sealed competitive bids to furnish CITIZEN COLLECTION/ TRANSFER STATION AT CALICHE CANYON LANDFILL per the attached specifications and contract documents. Sealed bids will be received no later than 2:00 p.m. CST, the 30th day of May, 2002 at the office listed below. Any bid received after the date and hour specified will be rejected and returned i unopened to the bidder. Each bid and supporting documentation must be in a sealed envelope or container plainly labeled in the lower left-hand corner: "ITB #103-02/BM, CITIZEN COLLECTION/ f TRANSFER STATION AT CALICHE CANYON LANDFILL" and the bid opening date and time. Bidders must also include their company name and address on the outside of the envelope or container. Bids must be addressed to: Victor Kilman, Purchasing Manager City of Lubbock 1625 13th Street, Room L-04 Lubbock, Texas 79401 1.2 Bidders are responsible for making certain bids are delivered to the Purchasing Department. Mailing of a bid does not ensure that the bid will be delivered on time or delivered at all. If bidder does not hand deliver bid, we suggest that he/she use some sort of delivery service that provides a receipt. 1.3 Bids will be accepted in person, by United States Mail, by United Parcel Service, or by private courier service. No bids will be accepted by oral communication, telephone, electronic mail, telegraphic transmission, or telefacsimile transmission. THE CITY WILL NOT ACCEPT FAX BIDS. 1.4 The City of Lubbock reserves the right to postpone the date and time for opening bids through an addendum. 2 PRE -BID MEETING 3 2.1 For the purpose of familiarizing bidders with the requirements, answering questions, and issuing addenda as needed for the clarification of the Invitation to Bid (ITB) documents, a non -mandatory pre -bid meeting will be held at 10:00 a.m., May 21st, 2002 in Planning Conference Room 107, Lubbock, Texas. All persons attending the meeting will be asked to identify themselves and the prospective bidder they represent. 2.2 It is the bidder's responsibility to attend the pre -bid meeting though the meeting is not mandatory. The r, City will not be responsible for providing information discussed at the pre -bid meeting to bidders who do not attend the pre -bid meeting. 3 ADDENDA & MODIFICATIONS 3.1 Any changes, additions, or clarifications to the ITB are made by written bid addenda. 3.2 Any bidder in doubt as to the true meaning of any part of the specifications or other documents may request an interpretation thereof from the Purchasing Department. At the request of the bidder, or in the event the Purchasing Department deems the interpretation to be substantive, the interpretation will be made by written addendum issued by the Purchasing Department. Such addendum issued by the Purchasing Department will be sent to all bidders receiving the original Invitation to Bid (ITB) and will become part of the bid package having the same binding effect as provisions of the original bid. NO VERBAL EXPLANATIONS OR INTERPRETATIONS WILL BE BINDING. In order to have a request for ' interpretation considered, the request must be submitted in writing and must be received by the City of Lubbock Purchasing Department no later than five (5) days before the bid closing date. f 3.3 All addenda, amendments, and interpretations of this solicitation shall be in writing. The City of Lubbock shall not be legally bound by any amendment or interpretation that is not in writing. Only information supplied by the City of Lubbock Purchasing Department in writing or in this ITB should be used in preparing bid responses. All contacts that a bidder may have had before or after receipt of this ITB with any individuals, employees, or representatives of the City and any information that may have been read in any news media or seen or heard in any communication facility regarding this bid should be disregarded in preparing responses. 3.4 The City does not assume responsibility for the receipt of any addendum sent to bidders. 4 6i E. 7 i 8 EXAMINATION OF DOCUMENTS AND REQUIREMENTS 4.1 Each bidder shall carefully examine all ITB documents and thoroughly familiarize itself with all requirements before submitting a bid to ensure that their bid meets the intent of these specifications. 4.2 Before submitting a bid, each bidder shall be responsible for making all investigations and examinations that are necessary to ascertain conditions and requirements affecting the requirements of this Invitation to Bid. Failure to make such investigations and examinations shall not relieve the bidder from obligation to comply, in every detail, with all provisions and requirements of the Invitation to Bid. 4.3 Notices of any discrepancies or omissions in these plans, specifications, or contract documents, shall be given to the Purchasing Manager and a clarification obtained before the bids are received, and if no such notice is received by the Purchasing Manager prior to the opening of bids, then it shall be deemed that the bidder fully understands the work to be included and has provided sufficient sums in its bid to complete the work in accordance with these plans and specifications. If bidder does not notify Purchasing Manager before bidding of any discrepancies or omissions, then it shall be deemed for all purposes that the plans and specifications are sufficient and adequate for completion of the project. It is further agreed that any request for clarification must be submitted no later than five (5) calendar days prior to the opening of bids. BID PREPARATION COSTS 5.1 Issuance of this ITB does not commit the City of Lubbock, in any way, to pay any costs incurred in the preparation and submission of a bid. 5.2 The issuance of this ITB does not obligate the City of Lubbock to enter into contract for any services or equipment. 5.3 All costs related to the preparation and submission of a bid shall be paid by the bidder. TRADE SECRETS CONFIDENTIAL INFORMATION AND THE TEXAS PUBLIC INFORMATION ACT 6.1 If you consider any portion of your bid to be privileged or confidential by statute or judicial decision, including trade secrets and commercial or financial information, clearly identify those portions. 6.2 The City of Lubbock will honor your notations of trade secrets and confidential information and decline to release such information initially, but please note that the final determination of whether a particular portion of your bid is in fact a trade secret or commercial or financial information that may be withheld from public inspection will be made by the Texas Attorney General or a court of competent jurisdiction. In the event a public information request is received for a portion of your bid that you have marked as being confidential information, you will be notified of such request and you will be required to justify your legal position in writing to the Texas Attorney General pursuant to Section 552.305 of the Government Code. In the event that it is determined by opinion or order of the Texas Attorney General or a court of competent jurisdiction that such information is in fact not privileged and confidential under Section 552.110 of the Government Code and Section 252.049 of the Local Government Code, then such information will be made available to the requester. 6.3 Marking your entire bid CON FI DENTIAUPROPRI ETARY is not in conformance with the Texas Open Records Act. LICENSES, PERMITS, TAXES The price or prices for the work shall include full compensation for all taxes, permits, etc. that the bidder is or may be required to pay. CONFLICT OF INTEREST 8.1 The bidder shall not offer or accept gifts or anything of value nor enter into any business arrangement with any employee, official or agent of the City of Lubbock. 8.2 By signing and executing this bid, the bidder certifies and represents to the City the bidder has not offered, conferred or agreed to confer any pecuniary benefit or other thing of value for the receipt of special treatment, advantage, information, recipient's decision, opinion, recommendation, vote or any other exercise of discretion concerning this bid. 2 ( 9 CONTRACT DOCUMENTS 9.1 All work covered by the contract shall be done in accordance with contract documents described in the General Conditions. 9.2 All bidders shall be thoroughly familiar with all of the requirements set forth on the contract documents for the construction of this project and shall be responsible for the satisfactory completion of all work contemplated by said contract documents. 10 PLANS FOR USE BY BIDDERS It is the intent of the City of Lubbock that all parties with an interest in submitting a bid on the project covered by the contract documents be given a reasonable opportunity to examine the documents and prepare a bid without charge or forfeiture of deposit. The contract documents, may be examined without charge as noted in the Notice to Bidders. 11 BIDDER INQUIRIES AND CLARIFICATION OF REQUIREMENTS 11.1 It is the intent and purpose of the City of Lubbock that this request permit competitive bids. It shall be the combinations thereof, inadvertently restricts or limits the requirements stated in this ITB to a single source. Such notification must be submitted in writing and must be received by the City of Lubbock Purchasing Office no later than five (5) calendar days before the bid closing date. A review of such notifications will be made. 73 11.2 NO BIDDER SHALL REQUEST ANY INFORMATION VERBALLY. ALL REQUESTS FOR ADDITIONAL INFORMATION OR CLARIFICATION CONCERNING THIS INVITATION TO BID (ITB) MUST BE SUBMITTED IN WRITING NO LATER THAN FIVE (5) CALENDAR DAYS PRIOR TO THE BID CLOSING DATE AND ADDRESSED TO: BRUCE MACNAIR, SENIOR BUYER City of Lubbock 1625 13"' Street Lubbock, Texas 79401 j Fax: (806) 775-2164 } Email: BMacnair@mail.ci.lubbock.tx.us 12 TIME AND ORDER FOR COMPLETION 12.1 The construction covered by the contract documents shall be fully completed within ONE HUNDRED TWENTY (120) CONSECUTIVE CALENDAR DAYS from the date specified in the Notice to Proceed issued by the City of Lubbock to the successful bidder. 12.2 The Contractor will be permitted to prosecute the work in the order of his own choosing, provided, however, the City reserves the right to require the Contractor to submit a progress schedule of the work contemplated by the contract documents. In the event the City requires a progress schedule to be submitted, and it is determined by the City that the progress of the work is not in accordance with the progress schedule so submitted, the City may direct the Contractor to take such action as the City deems necessary to ensure completion of the project within the time specified. 13 PAYMENT "1 All payments due to Contractor shall be made in accordance with the provisions of the General Conditions of the 's contract documents. 14 AFFIDAVITS OF BILLS PAID The City of Lubbock reserves the right, prior to final acceptance of this project to require the Contractor to execute an affidavit that all bills for labor, materials and incidentals incurred in the construction of the improvements contemplated by the contract documents have been paid in full and that there are no claims pending, of which the Contractor has been notified. Ott 1 r 15 MATERIALS AND WORKMANSHIP The intent of these contract documents is that only materials and workmanship of the best quality and grade will be furnished. The fact that the specifications may fail to be sufficiently complete in some detail will not relieve the Contractor of full responsibility for providing materials of high quality and for protecting them adequately until incorporated into the project. The presence or absence of a representative of the City on the site will not relieve the Contractor of full responsibility of complying with this provision. The specifications for materials and methods set forth in the contract documents provide minimum standards of quality, which the Owner believes necessary to procure a satisfactory project. 16 GUARANTEES f16.1 All equipment and materials incorporated in the project and all construction shall be guaranteed against ' defective materials and workmanship. Prior to final acceptance, the Contractor shall furnish to the Owner, a written general guarantee which shall provide that the Contractor shall remedy any defects in the work, I and pay for any and all damages of any nature whatsoever resulting in such defects, when such defects i appear within ONE year from date of final acceptance of the work as a result of defective materials or workmanship, at no cost to the Owner (City of Lubbock). 16.2 Notwithstanding any provisions contained in the contractual agreement, the Contractor represents and warrants fault -free performance and fault -free result in the processing date and date -related data (including, but not limited to calculating, comparing and sequencing) of all hardware, software and firmware products delivered and services provided under this Contract, individually or in combination, as the case may be from the effective date of this Contract. Also, the Contractor warrants calculations will be recognized and accommodated and will not, in any way, result in hardware, software or firmware failure. The City of Lubbock, at its sole option, may require the Contractor, at any time, to demonstrate the procedures it intends to follow in order to comply with all the obligations contained herein. 16.3 The obligations contained herein apply to products and services provided by the Contractor, its sub- contractor or any third party involved in the creation or development of the products and services to be delivered to the City of Lubbock under this Contract. Failure to comply with any of the obligations contained herein, may result in the City of Lubbock availing itself of any of its rights under the law and under this Contract including, but not limited to, its right pertaining to termination or default. 16.4 The warranties contained herein are separate and discrete from any other warranties specified in this I Contract, and are not subject to any disclaimer of warranty, implied or expressed, or limitation to the Contractor's liability which may be specified in this Contract, its appendices, its schedules, its annexes or a., any document incorporated in this Contract by reference. 17 PLANS FOR THE CONTRACTOR The contractor will be furnished one set of plans and specifications, and related contract documents for his use during construction. Plans and specifications for use during construction will only be furnished directly to the Contractor. The Contractor shall then distribute copies of plans and specifications to suppliers, subcontractors or others, as required for proper prosecution of the work contemplated by the Contractor. 18 PROTECTION OF THE WORK The Contractor shall be responsible for the care, preservation, conservation, and protection of all materials, supplies, machinery, equipment, tools, apparatus, accessories, facilities, and all means of construction, and any and all parts of the work whether the Contractor has been paid, partially paid, or not paid for such work, until the date the City issues its certificate of completion to Contractor. The City reserves the right, after the bids have been opened and before the contract has been awarded, to require of a bidder the following information: (a) The experience record of the bidder showing completed jobs of a similar nature to the one covered by the intended contract and all work in progress with bond amounts and percentage completed. (b) A sworn statement of the current financial condition of the bidder. (c) Equipment schedule. 4 1 19 TEXAS STATE SALES TAX 19.1 This contract is issued by an organization which qualifies for exemption provisions pursuant to provisions of Article 20.04 of the Texas Limited Sales, Excise and Use Tax Act. 19.2 The Contractor must obtain a limited sales, excise and use tax permit which shall enable him to buy the materials to be incorporated into the work without paying the tax at the time of purchase. 20 PROTECTION OF SUBSURFACE LINES AND STRUCTURES It shall be the Contractor's responsibility to prosecute the work contemplated by the contract documents in such a way as to exercise due care to locate and prevent damage to all underground pipelines, utility lines, conduits or other underground structures which might or could be damaged by Contractor during the construction of the project contemplated by these contract documents. The City of Lubbock agrees that it will furnish Contractor the location of all such underground lines and utilities of which it has knowledge. However, such fact shall not relieve the Contractor of his responsibilities aforementioned. All such underground lines or structures cut or damaged by Contractor during the prosecution of the work contemplated by this contract shall be repaired immediately by Contractor to the satisfaction of the City of Lubbock, Texas, at Contractor's expense. 21 BARRICADES AND SAFETY MEASURES The contractor shall, at his own expense, furnish and erect such barricades, fences, lights and danger signals, and shall take such other precautionary measures for the protection of persons, property and the work as may be :1 necessary. The Contractor will be held responsible for all damage to the work due to failure of barricades, signs, jj and lights to protect it, and when damage is incurred, the damaged portion shall be immediately removed and replaced by Contractor at his own cost and expense. The Contractor's responsibility for maintenance of barricades, signs, and lights shall not cease until the date of issuance to Contractor of City's certificate of acceptance of the project. 22 EXPLOSIVES 22.1 The use of explosives will not be permitted unless written permission to do so is obtained by the Contractor from the City. In all cases where written permission is obtained for the use of explosives, the Contractor shall assume full responsibility for all damage, which may occur as a direct or indirect result of the blasting. In addition, in all cases where explosives are authorized to be used, the Contractor shall use ' utmost care so as not to endanger life or property and the Contractor shall further use only such methods as are currently utilized by persons, firms, or corporations engaged in similar type of construction activity. 22.2 Explosive materials shall not be stored or kept at the construction site by the Contractor. 22.3 In all cases where explosives are to be used during the construction of the project contemplated by this contract, it shall be the duty of the Contractor to notify each utility company having structures (above or below the ground) in proximity to the site of the work of Contractor's intention to use explosives, and such notice shall be given sufficiently in advance to enable the companies to take such steps as they may deem necessary to protect their property from injury. Such notice, however, shall not relieve the Contractor of responsibility for any damage resulting from his blasting operations. 23 CONTRACTOR'S REPRESENTATIVE The successful bidder shall be required to have a responsible local representative available at all times while the work is in progress under this contract. The successful bidder shall be required to furnish the name, address and telephone number where such local representative may be reached during the time that the work contemplated by this contract is in progress. 24 INSURANCE 24.1 The Contractor shall not commence work under this contract until he has obtained all insurance as required in the General Conditions of the contract documents, from an underwriter authorized to do business in the State of Texas and satisfactory to the City. Proof of coverage shall be furnished to the City and written notice of cancellation or any material change will be provided ten (10) days in advance of cancellation or change. All policies shall contain an agreement on the part of the insurer waiving the right to subrogation. The Contractor shall procure and carry at his sole cost and expense through the life of this contract, insurance protection as hereinafter specified. Coverage in excess of that specified herein also shall be acceptable. Such insurance shall be carried with an insurance company authorized to transact business in the State of Texas and shall cover all operations in connection with this contract, whether 5 performed by the Contractor or a subcontractor, or separate policies shall be provided covering the f operation of each subcontractor. A certificate of insurance specifying each and all coverages shall be submitted before contract execution. i 24.2 The insurance certificates furnished shall name the City as an additional insured, or in the alternative, shall be accompanied by a statement from the Contractor to the effect that no work on this particular project shall be subcontracted. It shall be the contractor's responsibility to provide to the owner all proof of coverage insurance documents including workers compensation coverage for each subcontractor. + 25 LABOR AND WORKING HOURS I 25.1 Attention of each bidder is particularly called to the schedule of general prevailing rate of per diem wages included in these contract documents. The wage rate that must be paid on this project shall not be less than specified in the schedule of general prevailing rates of per diem wages as above mentioned. The bidders' attention is further directed to the requirements of Article 5159a, Vernon's Annotated Civil Statutes providing for the payment of the wage schedules above mentioned and the bidder's obligations thereunder. The inclusion of the schedule of general prevailing rate of per diem wages in these contract documents does not release the Contractor from compliance with any wage law that may be applicable. Construction work under this contract requiring an inspector will not be performed on weekends or holidays unless the following conditions exist: 26.1.1 The project being constructed is essential to the City of Lubbock's ability to provide the necessary service to its citizens. 26.1.2 Delays in construction are due to factors outside the control of the Contractor. The Contractor is approaching the penalty provisions of the contract and Contractor can show he has made a diligent effort to complete the contract within the allotted time. 25.2 Before construction work requiring an inspector is to be performed on weekends or holidays, the Contractor must notify the Owner's Representative not less than three full working days prior to the weekend or holiday he desires to do work and obtain written permission from the Owner's Representative to do such work. The final decision on whether to allow construction work requiring an inspector on weekends or holidays will be made by the Owner's Representative. 25.3 In any event, if a condition should occur or arise at the site of this project or from the work being done under this contract which is hazardous or dangerous to property or life, the Contractor shall immediately commence work, regardless of the day of the week or the time of day, to correct or alleviate such condition so that it is no longer dangerous to property or life. vj 26 PAYMENT OF EMPLOYEES AND FILING OF PAYROLLS The contractor and each of his subcontractors shall pay each of his employees engaged in work on the project under this contract in full (less mandatory legal deductions) in cash, or by check readily cashable without discount, not less often than once each week. The Contractor and each of his subcontractors engaged at the site of the work shall not later than the seventh day following the payment of wages, file with the Owner's Representative, or Engineer, a certified, sworn, legible copy of such payroll. This shall contain the name of each employee, his classification, the number of hours worked on each day, rate of pay, and net pay. The affidavit shall state that the copy is a true and correct copy of such payroll, that no rebates or deductions (except as shown) have been made, a= or will in the future be made from the wages paid as shown thereon. The Contractor must classify employees according to one of the classifications set forth in the schedule of general prevailing rate of per diem wages, which schedule is included in the contract documents. The Contractor shall forfeit as a penalty to the City of Lubbock on whose behalf this contract is made, ten dollars for each laborer, workman, or mechanic employed for each :.� calendar day, or portion thereof, such laborer, workman or mechanic is paid less than the wages assigned to his particular classification as set forth in the schedule of general prevailing rate of per diem wages included in these contract documents. 27 PROVISIONS CONCERNING ESCALATION CLAUSES Bids submitted containing any conditions which provide for changes in the stated bid price due to increases or decreases in the cost of materials, labor or other items required for the project will be rejected and returned to the _� bidder without being considered. i i 28 PREPARATION FOR BID 28.1 The bidder shall submit his bid on forms furnished by the City. All blank spaces in the form shall be correctly filled in and the bidder shall state the price both in words and numerals, for which he intends to do the work contemplated or furnish the materials required. Such prices shall be written in ink, distinctly and legibly, or typewritten. In case of discrepancy between the price written in words and the price written in figures, the price written in words shall govern. 28.2 If the bid is submitted by an individual, his name must be signed by him or his duly authorized agent. If a bid is submitted by a firm, association, or partnership, the name and address of each member must be given and the bid signed by a member of the firm, association or partnership, or person duly authorized. If ( the bid is submitted by a company or corporation, the company or corporate name and business address must be given, and the bid signed by an official or duly authorized agent. Powers of attorney authorizing agents or others to sign bids must be properly certified and must be in writing and submitted with the bid. The bid shall be executed in ink. 28.3 Each bid shall be enclosed in a sealed envelope, addressed as specified in the Notice to Bidders, and endorsed on the outside of the envelope in the following manner: 1+"s' 28.3.1 Bidder's name 28.3.2 Bid for (description of the project). 1 28.4 Bid submittals may be withdrawn and resubmitted at any time before the time set for opening of the bids, but no bid may be withdrawn or altered thereafter. 28.5 Pursuant to Texas Local Government Code 252.043(a), a competitive sealed bid that has been opened may not be changed for the purpose of correcting an error in the bid price. THEREFORE, ANY CORRECTIONS TO THE BID PRICE MUST BE MADE ON THE BID SUBMITTAL FORM PRIOR TO BID OPENING. �29 BOUND COPY OF CONTRACT DOCUMENTS . Bidder understands and agrees that the contract to be executed by bidder shall be bound and include the following: (a) Notice to Bidders. (b) General Instructions to Bidders. (c) Bidder's Submittal. (d) Statutory Bond (if required). (e) Contract Agreement. (f) General Conditions. (g) Special Conditions (if any). (h) Specifications. (i) Insurance Certificates. Q) All other documents made available to bidder for his inspection in accordance with the Notice to Bidders. If Plans and Specifications are too bulky or cumbersome to be physically bound, they are to be considered incorporated by reference into the aforementioned contract documents. f 30 QUALIFICATIONS OF BIDDERS The bidder may be required before the award of any contract to show to the complete satisfaction of the City of Lubbock that it has the necessary facilities, ability, and financial resources to provide the service specified therein in a satisfactory manner. The bidder may also be required to give a past history and references in order to satisfy the City of Lubbock about the bidder's qualifications. The City of Lubbock may make reasonable investigations deemed necessary and proper to determine the ability of the bidder to perform the work, and the bidder shall furnish to the City of Lubbock all information for this purpose that may be requested. The City of Lubbock y reserves the right to reject any bid if the evidence submitted by, or investigation of, the bidder fails to satisfy the City of Lubbock that the bidder is properly qualified to carry out the obligations of the contract and to complete the :u work described therein. Evaluation of the bidder's qualifications shall include: (a) The ability, capacity, skill, and financial resources to perform the work or provide the service required. 7 i (b) The ability of the bidder to perform the work or provide the service promptly or within the time specified, without delay or interference. (c) The character, integrity, reputation, judgment, experience, and efficiency of the bidder. (d) The quality of performance of previous contracts or services. 31 BID AWARD 31.1 The City of Lubbock reserves the right to reject any or all bids, reject any particular item on a bid, and to waive immaterial formalities and to accept the offer most advantageous to the City of Lubbock in its sole discretion. Unless otherwise specified herein, the City shall award the bid based on the total bid. 31.2 All bids are evaluated for compliance with specifications before the bid price is considered. Response to specifications is primary in determining the best low bid. Failure to comply with the specifications may result in disqualification of the bid. 31.3 In case of tie bids, preference will be given to local bidders. Consistent and continued tie bidding may be cause for rejection of bids by the City of Lubbock and/or investigation by the Attorney General to determine possible Anti -Trust violations. 31.4 Before the City may award a bid to a nonresident bidder, the nonresident bidder's bid must be lower than lowest bid submitted by a responsible Texas bidder by the same margin or amount that a Texas bidder would be required to underbid the nonresident bidder in the nonresident bidders' home state. 31.5 Any contract made, or purchase order issued, as a result of this Invitation to Bid, shall be entered into the State of Texas and under the laws of the State of Texas. In connection with the performance of work, the Bidder agrees to comply with the Fair Labor Standard Act, Equal Opportunity Employment Act, and all other applicable Federal, State, and Local laws, regulations, and executive orders to the extent that the same may be applicable. 31.6 NO INDIVIDUAL OF ANY USING DEPARTMENT HAS THE AUTHORITY TO LEGALLY AND/OR FINANCIALLY COMMIT THE CITY TO ANY CONTRACT, AGREEMENT OR PURCHASE ORDER FOR GOODS OR SERVICES, UNLESS SPECIFICALLY SANCTIONED BY THE REQUIREMENTS OF THIS "' INVITATION TO BID. BID SUBMITTAL BID SUBMITTAL .i LUMP SUM BID CONTRACT DATE: May 30, 2002 PROJECT NUMBER: #103-021BM - CITIZEN COLLECTION/TRANSFER STATION AT CALICHE CANYON LANDFILL Bid of Onyx Contractors LP (hereinafter called Bidder) To the Honorable Mayor and City Council City of Lubbock, Texas (hereinafter called Owner) Gentlemen: The Bidder, in compliance with your Invitation to Bid for the construction of a CITIZEN COLLECTIONITRANSFER STATION AT CALICHE CANYON LANDFILL having carefully examined the plans, specifications, instructions to bidders, {� notice to bidders and all other related contract documents and the site of the intended work, and being familiar with all of the conditions surrounding the constriction of the intended project including the availability of materials and labor, hereby intends to furnish all labor, materials, and supplies; and to construct the project in accordance with the plans, specifications and contract documents, within the time set forth therein and at the price stated below. The price to cover all expenses incurred in performing the work required under the contract documents. One Hundred Thirty Nine Thousand Four Hundred 139,423.98 MATERIALS: ($ 1 SERVICES: Ninety -Two Thousand Nine Hun red orty-Nine Dollars 92,949.32 j M - ($ ) Two Hundred Thirty Two Thousand Three Hundred Seventy 232,373.30 TOTAL BID: Three Dollars and'Thidy rp_nts ($ ) i f (Amount shall be shown in both words and numerals. In case of discrepancy, the amount shown in words shall govern.) _f Bidder hereby agrees to commence the work on the above project on or before a date to be specified in a written "Notice to Proceed" of the Owner and to fully complete the project within 120 (ONE HUNDRED TWENTY) consecutive calendar days thereafter as stipulated in the specifications and other contract documents. Bidder hereby further agrees to pay to Owner as liquidated damages the sum of $150.00 (ONE HUNDRED FIFTY DOLLARS) for each consecutive calendar day in excess of the time set forth herein above for completion of this project, all as more fully set forth in the general conditions of the contract documents. Bidder understands and agrees that this bid submittal shall be completed and submitted in accordance with instruction number 28 of the General Instructions to Bidders. bidding. Bidder understands that the Owner reserves the right to reject any or all bids and to waive any formality in the J The Bidder agrees that this bid shall be good and may not be withdrawn for a period of thirty (30) calendar days after the scheduled closing time for receiving bids. The undersigned Bidder hereby declares that he has visited the site of the work and has carefully examined the plans, specifications and contract documents pertaining to the work covered by this bid, and he further agrees to commence work on or before the date specified in the written notice to proceed, and to substantially complete the work on 1 - which he has bid; as provided in the contract documents. I Bidders are required, whether or not a payment or performance bond is required, to submit a cashiers check or _. certified check issued by a bank satisfactory to the City of Lubbock, or a bid bond from a reliable surety company, payable without recourse to the order of the City of Lubbock in an amount not less than five percent (5%) of the total amount of the bid submitted as a guarantee that bidder will enter into a contract, obtain all required insurance policies, and execute all necessary bonds (if required) within fifteen (15) days after notice of award of the contract to him. Enclosed with this bid is a Cashier's Check or erti d Ch ck for Dollars ($ 1 or a Bid Bond in the suns of 5 /o OT I otal id Dollars ($ 1, which It is agreed shall be collected and retained by the Owner as liquidated damages in the event the bid is accepted by the Owner and the undersigned fails to execute the necessary contract documents, insurance certificates, and the required bond of any) with the Owner within fifteen (15) days after the date of receipt of written notification of acceptance of said bid; otherwise, said check or -bond shall be returned to the undersigned upon demand. Bidder understands and agrees that the contract to be executed by Bidder shall be bound and include all contract documents made available to him for his inspection in accordance with the Notice to Bidders. Pursuant to Texas Local Government Code 252.043(a), a competitive seated bid that has been opened may not be changed for the purpose of correcting an error In the bid price. THEREFORE, ANY CORRECTIONS TO THE#10 PRICE MUST BE MADE ON THE 1310 SUBMITTAL_ FORM (Sea[ if Bidder is a Corporation) ATTEST: Secretary Bidder acknowledges receipt of the following addenda: Addenda No. 1 Date May 23, 2002 Addenda No. 2— Date--ga---4,�7- 00z Addenda No. 'Date Addenda No. Date M/WBE Firm: Date: May 30, 2002 Authorized Sgiature Jimmy McClelland (Printed or Typed Name) Onyx Contractors LP Company 1890 North Mercury Ave. Address Odessa Ector City, County Texas 79763 State Zip Code Telephoner 915 - 381-2360 Fax 915_ - 381-2361 CITY OF LUBBOCK INSURANCE REQUIREMENT AFFIDAVIT 1, the undersigned Bidder, certify that the insurance requirements contained in this bid document have been reviewed by me with the below identified Insurance Agent/Broker. If I am awarded this contract by the City of Lubbock, I will be able to, within fifteen (15) days after being notified of such award by the City of Lubbock, furnish a valid insurance certificate to the City meeting all of the requirements defined in this bid/proposal. --s"Vvimy IWOCI(K�Js Contractor lgnature) Contra I otor (Print) CONTRACTOR'S FIRM NAME: Onyx Contractors LP (Print or Type ) CONTRACTOR'S FIRM ADDRESS: 1890 North Mercury Ave Odessa. Texas 79763 Name of Agent/Broker: West Texas Insurance Exchanges, Inc. A Address of Agent/Broker: 1000 Maple Ave. City/Stateaip: Odessa, Texas 79761 AgentlBroker Telephone Number: (915 3334106 Date: May 29,2002 NOTE TO CONtRACTOlk If the time requirement specified above Is not met, the City ha's the right to reject this bid/proposal and award the contract to another contractor. If you have any questions concerning these requirements, please contact the Purchasing Manager for the City of Lubbock at (SQ6) 775-2165. BID #103-02113M - CITIZEN COLLECTIONrrRANISFEIR STATION AT CALICHE CANYON LANDFILL 4 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. LIST OF SUBCONTRACTORS Minority Owned Yes No ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ 3 PAYMENT BOND Bond No. 120795 STATUTORY PAYMENT BOND PURSUANT TO SECTION 2253.021(a) OF THE TEXAS GOVERNMENT CODE (CONTRACTS MORE THAN $25,000) KNOW ALL MEN BY THESE PRESENTS, that OnyX Contractors, LP (hereinafter called the Principal(s), as Principal(s), and Evergreen National Indemnity Company {hereinafter called the Sure s), as Surety�s are held and firmly bound to the City Z of Lubbock (hereinafter called the Obligee) in the amount of 'o xupdre', hl rty .T1Wo Musan{$ 32, 373. 3�lawful money of the f YPP 17T1 YP P f T1 �j T YPP aT1 United States for the payment whereof, the said Principal and Surety bind themselves, and their heirs, administrators, executors, successors and assigns, of, and severally, firmly by these presents. WHEREAS, the Principal hes entered into a cegain written contract with the Obligqeee dated the30t1^ dayf May _ ,20 029to itizen;.:Collection/Transfer Station at Caliche Canyon ancTill and said Principal under the law is required before commencing the work provided for in said contract to execute a bond in the amount of said contract which contract is hereby referred to and made a part hereof as fully and to the same extent as .) If copied at length herein. } NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the said Principal shall pay all claimants supplying labor and material to him or a subcontractor in the prosecution of the work provided for in said. 1 �J contract, then, this obligation shall be void; otherwise to remain in full force and effect, I =t PROVIDED, HOWEVER, that this bon' d is executed pursuant to the provisions of Section 2253.021(a) of the Texas Government Code, and all liabilities on this bond shall be determined in accordance with the provisions of said Article to the same extent as if it were copied at length herein. 12t WITNESS WHEREOF, the said Principal(s) and Surety (s) have signed. and sealed this instrument ties J day of :.July 20 02 Evergreen'Natiohal'Indemnity Company Onyx. Contractors, LP -. Surety (Company Name) - (T' ) Johri W. Schuler Attorney -In -Fact (Printe Name r - 1 (Signature) / l (Title) I No Text PERFORMANCE BOND Bond NO. 120795 STATUTORY PERFORMANCE BOND PURSUANT TO SECTION 2253.021(a) OF THE TEXAS GOVERNMENT CODE 1 *** (CONTRACTS MORE THAN $100,000) Onyx .Contractors, LP 1 KNOW ALL MEN BY THESE PRESENTS, that **** (hereinafter called the Principal(s), as Principal(s), and Evergreen National Indemnity Company (hereinafter called the Sure tx(s� s �r s�asligl4nd 1� 0 d unto the City of Lubbock (hereinafter called the Obligee), in the amount of T �ree un red eve ty $hree ODollars ($ 232 , 373.31 lawful money of the United States for the payment whereof, the said Principal and Surety bind themselves, and their heirs, administrators, executors, successors and assigns, jointly and severally, firmly by these presents. May the Principal as entered into a certain written contract with the Obligee, dated the 30tiiay of y , 200, to ^� and said principal under the law is required before commencing the work provided for in said contract to execute a bond in the amount of said contract which contract is hereby referred to and made a part hereof as fully and to the same extent as if copied at length herein. NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the said Principal shall faithfully perform the work in accordance with the plans, specifications and contract documents, then this obligation shall be void; otherwise to remain in full force and effect. PROVIDED, HOWEVER, that this bond is executed pursuant to the provisions of Section 2253.021(a) of the Texas Government Code, and all liabilities on this bond shall be determined in accordance with the provisions of said article to the same extent as if it were copied at length herein. IN WITNESS WHEREOF, the said Principal (s) and Surety (s) have signed and sealed this instrument this 12th day of July 20 02 k Ever een.National Indemnity Company Onyx t`OntractorS, LP r r: Surety.. (Company Name) r BY ' (T' ) Jolin W.. Schuler At orney-In-Fact, (Printed Nam (Sig ature) l � �G�- � T�GS•c.fCCN� (Title) 1' I The undersigned surety company represents that it is duly qualified to do business in Texas, and hereby designates John W. Schuler an agent resident in Lubbock County to whom any requisite notices may be deliverer and on whom service of process may be had in matters arising out of such suretyship. Evergreen National Indemnity Surety ompany By: f l' ft (�J ks e)John W. Schuler, Attorney -In -Fact 2 i EVERGREEN NATIONAL INDEMNITY COMPANY CLEVELAND, OHIO 1 POWER OF ATTORNEY 1 PRINCIPALOnyx Contractors , LP EFFECTIVE DATE 07/12/02 CONTRACT AMOUNT 232 373.30 AMOUNT OF BOND $ 232,373.30 POWER NO. 120795 KNOW ALL MEN BY THESE PRESENTS: That the Evergreen National Indemnity Company, a corporation in the State of Ohio does hereby nominate, constitute and appoint: -- Steven C. Bufficin, John W. Schuler 1 its true and lawful Attorney(s)-ln-Fact to make, execute, attest, seal and deliver for and on its behalf, as Surety, and as its act and deed, where required, any and all bonds, undertakings, recognizances and written obligations in the nature thereof, PROVIDED, however, that the obligation of the Company under this Power ofAttorney shall not exceed One Million Five Hundred Thousand Dollars ($1,500,000 00) " 1 11 f yj This Power of Attorney is granted and is signed by facsimile puisiiant to the following Resoluttoti adopted by its Board of Directors on the 23rd day of t February, 1994 4 a i s L a 'RESOLVED That any two officers of the `t ompaay shall have the authority to make, execute and deliver a Power of Attorney constrtutmgy as Attomey(s)-in-fact of such persons, firms, or corporations as maybe selected from time to time h i + q ° F + r! a s 3 FURTHER RESOLVED, that the signatures of such officers and the Seal of the Company may be affixed to any such Power of Attorney or any certificate 3 relating thereto by facsimile; and any such Power of Attorney or certificate bearing such facsimile signatures or facsimile seal shall. be valid and br�mg upon the Company; and any such powers so executed and certificate by facsimile srgnaturts acid facsmule seal shall be vand slid binding upon the Company in the future with respect to any hood a undertalxirig to which it is attached. a ► r f t w l r t 3 p i gat... gat. 7L�C"..-•... EYn+n_ X. A���uo-+i� lr-asµ,_ j �• ' -�&- ,�•�•e � l.: rr f -Y ..f S' °�� '•`s �§;_: � .i.Y',.;.�*•f4 Y�-• ;£ .2, IN WITNESS WHEREOF, the Evergreen National Indemnity Company has caused its corporate seal to be affixed Kaeiinto, and these pries to be sigried -1 - . . , - t .: x. , e . A s�z ` . by its duly authorized officers this 23rd day of February,1994+�gw Z .i` �' � , � s � < � �,N�" .-.:,- "^W � � x•+"� � �a::,,er,J ':,,%v 8 8 r� q� T.�'..�'ai" � � `$ "^'h" ��,.«�4e«' ...u+s ��.3-.�..'� VER N NATIN IND_MNTIi( OMPANY EOEy� yfi r t it i. s t gad! ., �O .. � A_ ". {t G5 Y /J� {¢ Air x..•,� � ,� v "TP° �+,..�•� {}j� w�a+.... � 4 yr„ '""r. .# tit Rr �.; r• f,: �� �wM x~ �''.._7-.1_'t •k, F3s( V� 1T '�~ �g:',i`jt V�'a�� �+'�[i �. n,f Y% 5 •ti y( � /g i .00M.�` ra Roswell P Ellis, Pre3ldCIIt y " M�ipy"� ! ar =4 ..: m,WKve _ y' ..r§,.!!j "�U 7 �IQS► `::ryk _«....enwy� g1 �*' ""' e{�+k ��"� r. 5.. ...� .a'!-9';,KY'� 4: r�*._�i:9[,_a''3•''...��Ei<_a......��!!".,+:z•��'1�5.•i 'wuv wcwuwu uw.PcuVU1L% UibuUmFug ucw ucaugwa w inc.o!ccc,uuvu to um 5wav tu. ocml a of .Company aforesaid, and that the -seal affixed to the preceding instrument` is"theoip _signatures as officers were duly affixed and subscnib to the said instrument by the nut RV 1 C.ompmiy referred to m the preceding mstrnment, is now m IN TESTIMONY WHEREOF, I have hereunto set my hand aixl affixed my`offcial seal �}1 AL 1) SUEEDUFEY:3s Sne 'NOTARY PLRA STATE ' '?o'P�ubhas OW ,� r �' # } i } � t t x �VIy Cominu ion expirces August a ' MY COMMISSION EXPIRESAUG, 6, Z004µ J 1J State ofOluo 4,4 { I, the uudetsigned; Secretary of the Evergreen Nitional Indemnity Company, a stock corporation of the of 06iq, DO IiEREBY CERT Il?Y}that they ' .�, y•, foregoing Power of Attorney remains in trill force and'has not been revoked; and furthermore that the Res46tton of Aie Board'of Directors, set forth herein:, , i above, is now in force,,, Signed and sealed in Columbus, Ohio this 00, 14GOaQORA?c� y'A.c Kurt H. Weiland, Segctary f 11111[I Illli fll[{ f[III III[I III{I III L v -•- �xx � An � �+a fcsimile ofthisfonan����i vgal�aSEAL 120795 , !.1410 : rt14 -� EVERGREEN NATIONAL INDEMNITY Insurance Company IMPORTANT NOTICE To obtain information or make a complaint: You may contact Evergreen National Indemnity Insurance Company for information- or to make a complaint at: Evergreen National Indemnity Insurance Company C/O Contract Operations Planning, Inc. Attn: Claims 10055 Sweet Valley Drive Valley View, Ohio 44125 (216) 447-9004 (216) 447-9137 fax You may contact the Texas Department of Insurance to obtain the information on companies, coverages, rights or complaints at: Texas Department of Insurance P.O. Box 149104, Austin, Texas 78714-9104 (800) 252-3439 (512) 475-1771 fax PREMIUM OR CLAIM DISPUTES: Should you have a dispute concerning your premium or about a claim you should contact the company first. If the dispute is not resolved you may contact the Texas Department of Insurance. ATTACH THIS NOTICE TO YOUR BOND: This notice is for information only and does not become a part of condition of the attached document and is given to comply with Section 2253.48, Government Code, and Section 53.202, Property Code, effective September 1, 2001. qCERTIFICATE OF INSURANCE AC ORD CERTIFICATE OF LIABILITY INSURANCCRIJJ DA07/03/02 I JWest Texas Insurance Exch, Inc 1000 Maple Avenue bdessa TX 79761-2810 1'Phone: 915-333-4106 Fax:915-333-6803 Onyx Contractors, LP 1890 North Mercury Odessa TX 79762 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. INSURERS AFFORDING COVERAGE INSURER A: Gulf Underwriters Ins Co. INSURER B: American Mercury INSURER C: Financial Ins. Co. of America INSURERD: Lexington Insurance Company INSURER E: THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAYBE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS, N R; LTR TYPE OF INSURANCE POLICY NUMBER P LI Y E FE I E DATE MM/DD P LI Y PIRATI N DATE MMIDD/YY LIMITS A GENERAL LIABILITY X COMMERCIAL GENERAL LIABILITY GU2825465 03/01/02 03/01/03 EACH OCCURRENCE $1,000,000 FIRE DAMAGE (Any one fire) $50,000 J CLAIMS MADE [*]OCCUR MED EXP (Any one person) $j , 00 0 PERSONAL &ADV INJURY $ 1 , 000 , 000 1 X Includes pollution GENERAL AGGREGATE $ 2, 000, 000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS -COMPIOPAGG $2,000,000 X POLICY PROECT LOC J 1B AUTOMOBILE LIABILITY ANY AUTO BAP4502331 03/16/02 03/16/03 CO accident) Caaccid DSINGLELIMIT $ 1 000 000 X BODILY INJURY (Per person) $ ALL OWNED AUTOS SCHEDULED AUTOS BODILY INJURY (Per accident) $ HIRED AUTOS NON -OWNED AUTOS PROPERTY DAMAGE (Per accident) $ LI GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $ EA ACC OTHER THAN AUTO ONLY: AGG $ ANY AUTO $ EXCESS LIABILITY EACH OCCURRENCE $5,000,000 A X OCCUR LlCLAIMSMADE GU2825488 03/01/02 03/01/03 AGGREGATE s5,000,000 $ I $ DEDUCTIBLE $ RETENTION $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY WC051202 03/01/02 03/01/03 X I TORY LIMITS ER E.L. EACH ACCIDENT $ 1000000 E.L. DISEASE - EA EMPLOYE $ 1000000 ,�C E.L. DISEASE -POLICY LIMIT $ 1000000 OTHER 1C Rented/leased 8758751 10/30/01 10/30/02 Per item 125,000 1 equipment $10 000 DEDUCTIBLE catastrop 1,000,000 DESCRIPTION OF OPERATIONSILOCATIONSNEHICLESIEXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS and clearing, building ponds, lining. Waiver of subrogation rovided WC, GL & AUTO in favor of City of Lubbock; City of Lubbock is named as Addt'l Insdon GL & Auto. Both if required by written contract. "xcu" lincluded; contractual included. Project: ITB #103-02/BM- Citizen ollection/Transfer Station at Caliche Canyon Landfill - Lubbock TX ERTIFICATE HOLDER N I ADDITIONAL INSURED; INSURER LETTER: CANCELLATION CITY-02 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 31 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL r City of Lubbock I ATTN:Bruce Macnair IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR l P.O. BOX 2000 REPRESENTATIVES. AUT REPRESENTATIV II Lubbock TX 79457 -�CORD 25-S (7/97) .0' d - ( - UACORD CORPORATION 19BB CONTRACTOR CHECKLIST i ! A CONTRACTOR SHALL: (1) provide coverage for its employees providing services on a project, for the duration of the project based on proper reporting of classification codes and payroll amounts and filling of any coverage agreements; (2) provide a certificate of coverage showing workers' compensation coverage to the governmental entity prior to beginning work on the project; (3) provide the governmental entity, prior to the end of the coverage period, a new certificate of coverage showing extension of coverage, if the coverage period shown on the contractor's current certificate of coverage ends during the duration of the project; (4) obtain from each person providing services on a project, and provide to the governmental entity: (A) a certificate of coverage, prior to that person beginning work on the project, so the governmental entity will have on file certificates of coverage showing coverage for all persons providing services on the project; and (B) no later than seven days after receipt by the contractor, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (5) retain all required certificates of coverage on file for the duration of the project and for one year thereafter; (6) notify the governmental entity in writing by certified mail or personal delivery, within ten (10) days after the contractor knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project; (7) post a notice on each project site informing all persons providing services on the project that they are required to be covered, and stating how a person may verify current coverage and report failure to provide coverage. This notice does not satisfy other posting requirements imposed by the Act or other commission rules. This notice must be printed in at least 19-point normal type, and shall be in both English and Spanish and any other language common to the worker population. The text for the notices shall be the following text provided by the commission on the sample notice, without any additional words or changes: REQUIRED WORKERS' COMPENSATION COVERAGE "The law requires that each person working on this site or providing services related to this construction project must (see reverse) be covered by workers' compensation insurance. This includes persons providing, hauling, or delivering equipment and materials, or providing labor or transportation or other service related to the project, regardless of the identity of their employer or status as an employee." "Call the Texas Workers' Compensation Commission at (512)440- 3789 to receive information on the legal requirement for coverage, to verify whether your employer has provided the required coverage, or to report an employer's failure to provide coverage." and (8) contractually require each person with whom it contracts to provide services on a project, to: (A) provide coverage based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements for all of its employees providing services on the project, for the duration of the project; (B) provide a certificate of coverage to the contractor prior to that person beginning work on the project; (C) include in all contracts to provide services on the project the language in subsection (e) (3) of this rule; (D) provide the contractor, prior to the end of the coverage period, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (E) obtain from each other person with whom it contracts, and provide to the contractor: (i) a certificate of coverage, prior to the other person beginning work on the project; and (ii) prior to the end of the coverage period, a new certificate of coverage showing extension of the coverage period, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (F) retain all required certificates of coverage on file for the duration of the project and for one year thereafter; (G) notify the governmental entity in writing by certified mail or personal delivery, within (ten) 10 days after the person knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project; and (H) contractually require each other person with whom it contracts, to perform as required by paragraphs (A) - (H), with the certificate of coverage to be provided to the person for whom they are providing services. ❑ ` 3 R CONTRACT _.i CONTRACT STATE OF TEXAS COUNTY OF LUBBOCK THIS AGREEMENT, made and entered into this 26th day of June, 2002 by and between the City of Lubbock, County of Lubbock, State of Texas, acting by and through the Mayor, City of Lubbock, thereunto authorized to do so, i hereinafter referred to as OWNER, and Onyx Contractors, LP of the City of Odessa, County of Ector and the State of Texas hereinafter termed CONTRACTOR. i i W►TNESSETH: That for and in consideration of the payments and agreements hereinafter mentioned, to be made and performed by the OWNER and under the conditions expressed in the bond bearing even date herewith (if any) the CONTRACTOR hereby agrees with OWNER to commence and complete the construction of certain improvements described as follows: BID #103-02/BM - CITIZEN COLLECTION/TRANSFER STATION AT CALICHE CANYON LANDFILL - $232,373.30 r kV and all extra work in connection therewith, under the terms as stated in the contract documents and at his (or their) own proper cost and expense to furnish all materials, supplies, machinery, equipment, tools, superintendence, labor, insurance and other accessories and services necessary to complete the said construction in accordance with the contract documents as defined in the General Condition of Agreement. The CONTRACTOR hereby agrees to commence work within ten days after the date written notice to do so shall have been given to him and to substantially complete same within the time specified in the contract documents. The OWNER agrees to pay the CONTRACTOR in current funds for the performance of the contract in accordance with the bid submitted therefore, subject to additions and deductions, as provided in the contract documents and to make payment on account thereof as provided therein. IN WITNESS WHEREOF, the parties to these presents have e4cutedCth agreement' Lubbock, Lubbock County, Texas in the year and day first above written. ATTEST: BBOC TE (OWNER} Bity Secretary CDOU ,MAYOR _i APPROVF AS TO CONTENT: j O er's Representative A VED AS FOR i orne ATTEST: Corporate Secretary CONTRACTOR: �C�d2S G� By: C� PRINTED NAME: 11KC1,11p4,V TITLE: rC 4e X e5 Ve•�✓7 COMPLETE ADDRESS: Onyx Contractors, LP 1890 N Mercury Avenue Odessa, Texas 79763 GENERAL CONDITIONS OF THE AGREEMENT GENERAL CONDITIONS OF THE AGREEMENT 1. OWNER Whenever the word Owner, or First Party, are used in this contract, it shall be understood as referring to the City of Lubbock, Texas. 2. CONTRACTOR Whenever the word Contractor, or Second Party, is used, it shall be understood to mean the person, persons, co- partnership or corporation, to wit ONYX CONTRACTORS, LP who has agreed to perform the work embraced in i this contract, or their legal representative. a 3. OWNER'S REPRESENTATIVE Whenever the word Owner's Representative or representative is used in this contract, it shall be understood as referring to, City of Lubbock, or its representative JOHN COBB, LANDFILL MANAGER, so designated who will inspect constructions; or to such other representatives, supervisors, architects, engineers, or inspectors as may be authorized by said Owner to act in any particular under this agreement. Engineers, supervisors or inspectors will act for the Owner under the direction of Owner's Representative, but shall not directly supervise the Contractor or persons acting on behalf of the Contractor. 4. CONTRACT DOCUMENTS The contract's documents shall consist of the Notice to Bidders, General Instructions to Bidders, Bid, Signed Agreement, Statutory Bonds (if required), General Conditions of the Agreement, Special Conditions of the Agreement (if any), Specifications, Plans, Insurance Certificate, and all other documents made available to Bidder for inspection in accordance with the Notice to Bidders. The above described materials are sometimes referred to herein as the "contract' or "contract documents". 5. INTERPRETATION OF PHRASES Whenever the words "Directed," "Permitted," "Designated," "Required," "Considered Necessary," "Prescribed," or words of like import are used, it shall be understood that the direction, requirement, permission, order, designation or prescription of the Owner's Representative is intended; and similarly, the words "Approved," "Acceptable," "Satisfactory," or words of like import shall mean approved by or acceptable or satisfactory to the Owner's I Representative. 6. SUBCONTRACTOR The term Subcontractor, as employed herein, includes only those having a direct contract with the Contractor for -' performance of work on the project contemplated by these contract documents. Owner shall have no responsibility to any Subcontractor employed by Contractor for performance of work on the project contemplated by these contract documents, but said Subcontractors will look exclusively to Contractor for any payments due Subcontractor. l 7. WRITTEN NOTICE -� Written notice shall be deemed to have been duly served if delivered in person to the individual or to a member of the firm or to an officer of the corporation for whom it is intended, or if delivered at or sent certified mail to the last business address known to the party who gives the notice. 8. CONTRACTOR'S RESPONSIBILITIES Unless otherwise stipulated, the Contractor shall provide and pay for all materials, supplies, machinery, equipment, tools, superintendence, labor, insurance, and all water, light, power, fuel, transportation and all other facilities necessary for the execution and completion of the work covered by the contract documents. Unless '1 1 9 10. 11. 12. 13. otherwise specified, all materials shall be new and both workmanship and materials shall be of a good quality. The Contractor shall, if required, furnish satisfactory evidence as to the kind and quality of materials. Materials or work described in words which so applied have well known, technical or trade meaning shall be held to refer such recognized standards. All work shall be done and all materials furnished in strict conformity with the contract documents. SUBSTANTIALLY COMPLETED The term "Substantially Completed" is meant that the structure or project contemplated by the contract documents has been made suitable for use or occupancy or the facility is in a condition to serve its intended purpose, but still may require minor miscellaneous work and adjustment. LAYOUT Except as specifically provided herein, the Contractor shall be responsible for laying out all work and shall accomplish this work in a manner acceptable to the Owner's Representative. The Owner's Representative will check the Contractor's layout of all major structures and any other layout work done by the Contractor at Contractor's request, but this check does not relieve the Contractor of the responsibility of correctly locating all work in accordance with the Plans and Specifications. KEEPING OF PLANS AND SPECIFICATIONS ACCESSIBLE The Contractor shall be furnished copies of all Plans and Specifications without expense to Contractor and Contractor shall keep one copy of same consistently accessible on the job site. RIGHT OF ENTRY The Owner's Representative May make periodic visits to the site to observe the progress or quality of the executed work and to determine, in general, if the work is proceeding in accordance with the contract documents. Owner's Representative will not be required to make exhaustive or continuous onsite inspections to check the quality or quantity of the work, nor will Owner's Representative be responsible for the construction means, methods, techniques, sequences or procedures, or the safety precautions incident thereto. Notwithstanding the Owner's Representative's rights of entry hereunder, the Owner's Representative will not be responsible for the Contractor's failure to perform the work in accordance with the Contract Documents. LINES AND GRADES All lines and grades shall be furnished by the Owner's Representative whenever Owner's Representative deems said lines and grades are necessary for the commencement of the work contemplated by these contract documents or the completion of the work contemplated by these contract documents. Whenever necessary, Contractor shall suspend its work in order to permit Owner's Representative to comply with this requirement, but such suspension will be as brief as practical and Contractor shall be allowed no extra compensation therefore. The Contractor shall give the Owner's Representative ample notice of the time and place where lines and grades will be needed. All stakes, marks, etc., shall be carefully preserved by the Contractor, and in case of careless destruction or removal by Contractor, its Subcontractors, or its employees, such stakes, marks, etc., shall be replaced by the Owner's Representative at Contractor's expense. 14. OWNER'S REPRESENTATIVE'S AUTHORITY AND DUTY Unless otherwise specified, it is mutually agreed between the parties to this Agreement that the -Owner's Representative has the authority to review all work included herein. The Owner's Representative has the authority to stop the work whenever such stoppage may be necessary to ensure the proper execution of the contract. The Owner's Representative shall, in all cases, determine the amounts and quantities of the several kinds of work which are to be paid for under the contract documents, and shall determine all questions in relation to said work and the construction thereof, and shall, in all cases, decide every question which may arise relative to the execution of this contract on the part of said Contractor. The decision of the Owner's Representative shall be conclusive in the absence of written objection to same delivered to Owner's Representative within fifteen (15) 2 calendar days of any decision or direction by Owner's Representative. In the absence of timely written objection by Contractor, as provided herein, any and all objection or objections shall be deemed waived. 15. SUPERINTENDENCE AND INSPECTION It is agreed by the Contractor that the Owner's Representative shall be and is hereby authorized to appoint from time to time such subordinate engineers, supervisors, or inspectors as the said Owner's Representative may deem proper to inspect the materials furnished and the work done under this Agreement, and to see that said material is fumished and said work is done in accordance with the specifications therefore. The Contractor shall furnish all reasonable aid and assistance required by the subordinate engineers, supervisors or inspectors for the proper inspection and examination of the work. The Contractor shall regard and obey the directions and instructions of any subordinate engineers, supervisors or inspectors so appointed, when such directions and instructions are consistent with the obligations of this Agreement and accompanying plans and specifications provided, however, should the Contractor object to any orders by any subordinate engineer, supervisor or inspector, the Contractor may within fifteen (15) calendar days make written appeal to the Owner's Representative for its decision. In the absence of timely written objection by Contractor, as provided herein, any and all objection or objections shall be deemed waived. 16. CONTRACTOR'S DUTY AND SUPERINTENDENCE The Contractor shall give personal attention to the faithful prosecution and completion of this contract and shall i keep on the work, during its progress, a competent superintendent and any necessary assistants, all satisfactory to Owner's Representative. The superintendent shall represent the Contractor in its absence and all directions given to superintendent shall be binding as if given to the Contractor. It is expressly agreed that adequate supervision by competent and reasonable representatives of the Contractor is essential to the proper performance of the work and lack of such supervision shall be grounds for suspending operations of the Contractor. The work, from its commencement to completion, shall be under the exclusive charge and control of the Contractor and all risk in connection therewith shall be borne by the Contractor. The Owner or Owner's Representatives shall not be responsible for the acts or omissions of the Contractor, or any subcontractors, or any of Contractor's agents or employees, or any other persons performing any of the work. 17. CONTRACTOR'S UNDERSTANDING It is understood and agreed that the Contractor has, by careful examination, satisfied itself as to the nature and location of the work, the confirmation of the ground, the character, quality and quantity of materials to be encountered, the character of equipment and facilities needed preliminary to and during the prosecution of the work, and the general and local conditions, and all other matters which in any way affect the work under the contract documents. No oral agreement or conversation with any officer, agent, or employee of the Owner, or Owner's Representative either before or after the execution of this contract, shall affect or modify any of the terms or obligations herein contained. Subject to the rights of Owner as set forth in Paragraph 23 hereof, all modifications and/or amendments to the contract documents, shall be in writing, and executed by Owner's Representative and Contractor. Unless otherwise specified herein, all loss, expense or damage to Contractor arising out of the nature of the work to be done, or from the action of the elements, or from any unforeseen circumstance and the prosecution of the work, shall be sustained and borne by the Contractor at its own cost and expense. 18. CHARACTER OF WORKERS The Contractor agrees to employ only orderly and competent workers, skillful in the performance in the type of work required under this contract, to do the work; and agrees that whenever the Owner's Representative shall inform Contractor in writing that any man or men on the work, are, in Owner's Representative's sole opinion, incompetent, unfaithful, disorderly, or otherwise unacceptable to Owner or Owner's Representative, such man or men,shall be discharged from the work and shall not again be employed on the work without the Owner's Representative's written consent. 4 19. CONSTRUCTION PLANT 1 The Contractor shall provide all labor, tools, equipment, machinery and materials necessary in the prosecution and completion of this contract where it is not otherwise specifically provided that Owner shall furnish same, and it is also understood that Owner shall not be held responsible for the care, preservation, conservation, or protection of any materials, tools, equipment or machinery or any part of the work until it is finally completed and accepted. The building of structures for the housing of men or equipment will be permitted only at such places as the Owner's Representative shall consent or direct, and the sanitary conditions of the grounds in or about such structure shall at all times be maintained in a manner satisfactory to the Owner's Representative. 20. SANITATION Necessary sanitary conveniences for the use of laborers on the work site, properly secluded from public observation, shall be constructed and maintained by the Contractor in such manner and at such points as shall be approved by the Owner's Representative and their use shall be strictly enforced. § 21. OBSERVATION AND TESTING Lr ` The Owner or Owner's Representative shall have the right at all times to observe and test the work. Contractor 1 shall make necessary arrangements and provide proper facilities and access for such observation and testing at any location wherever such work is in preparation or progress. Contractor shall ascertain the scope of any observation that may be contemplated by Owner or Owner's Representative and shall give ample notice as to the time each part of the work will be ready for such observation. Owner or Owner's Representative may reject any such work found to be defective or not in accordance with the contract documents, regardless of the stage of its completion or the time or place of discovery of such errors and regardless of whether Owner's Representative has previously accepted the work through oversight or otherwise. If any such work should be covered without approval or consent of the Owner, it must, if requested by Owner or Owner's Representative, be uncovered for examination at Contractor's expense. In the event that any part of the work is being fabricated or manufactured at a location where it is not convenient for Owner or Owner's Representative to make observations of such work or require testing of said work, then in such event Owner or Owner's Representative may require Contractor to furnish Owner or Owner's Representative certificates of inspection, testing or approval made by persons competent to perform such tasks at the location where that part of the work is being manufactured or fabricated. All such tests will be in accordance with the methods prescribed by the American Society for Testing and Materials or such other =; applicable organization as may be required by law or the contract documents. If any such work which is required to be inspected, tested, or approved is covered up without written approval or consent of the Owner or Owner's Representative, it must, if requested by the Owner or Owner's Representative, be uncovered for observation and testing at the Contractor's expense. The cost of all such inspections, tests and approvals shall be borne by the Contractor unless otherwise provided herein. Any work which fails to meet the requirements of any such tests, inspections or approvals, and any work which meets the requirements of any such tests or approvals but does not meet the requirements of the contract documents shall be considered defective, and shall be corrected at the Contractor's expense. Neither observations by the Owner or Owner's Representative, nor inspections, tests, or approvals made by Owner, Owner's Representative, or other persons authorized under the contract documents to make such inspections, tests, or approvals shall relieve the Contractor from its obligation to perform the work in accordance with the requirements of the contract documents. 22. DEFECTS AND THEIR REMEDIES It is expressly agreed that if the work or any part thereof, or any material brought on the site of the work for use in the work or selected for the same, shall be deemed by the Owner or Owner's Representative as unsuitable or not in conformity with plans, specifications and/or contract documents, the Contractor shall, after receipt of written notice thereof from the Owner's Representative, forthwith remove such material and rebuild or otherwise remedy such work so that it shall be in full accordance with the contract documents. It is further agreed that any remedial action contemplated as hereinabove set forth shall be at Contractor's expense. 4 23. CHANGES AND ALTERATIONS The Contractor further agrees that the Owner may make such changes and alterations as the Owner may see fit, in the line, grade, form dimensions, plans or materials for the work herein contemplated, or any part thereof, either before or after the beginning of the construction, without affecting the validity of this contract and the accompanying bond. If such changes or alterations diminish the quantity of the work to be done, they shall not constitute the basis for a claim for damages, or anticipated profits on the work that may be dispensed with. If they increase the amount of work, and the increased work can fairly be classified under the specifications, such increase shall be paid according to the quantity actually done and at the unit price established for such work under this contract; otherwise such additional work shall be paid for as provided under Extra Work. In case the Owner shall make such changes or alterations as shall make useless any work already done or material already furnished or used in said work, then the Owner shall recompense the Contractor for any material or labor so used, and for actual expenses incurred in preparation for the work as originally planned. 24. EXTRA WORK The term "extra work" as used in this contract shall be understood to mean and include all work that may be required by the Owner or Owner's Representative to be done by the Contractor to accomplish any change, alteration or addition to the work as shown on the plans and specifications or contract documents and not covered by Contractor's bid, except as provided under Changes and Alterations herein. It is agreed that the Contractor shall perform all extra work under the direction of the Owner's Representative when presented with a written work order signed by the Owner's Representative; subject, however, to the right of the Contractor to require written confirmation of such extra work order by the Owner. It is also agreed that the compensation to be paid to the Contractor for performing said extra work shall be determined by the following methods: Method (A) - By agreed unit prices; or Method (B) - By agreed lump sum; or Method (C) - If neither Method (A) or Method (B) be agreed upon before the extra work is commenced, then the Contractor shall be paid the lesser of the following: (1) actual field cost of the extra work, plus fifteen (15%) percent; or (2) the amount that would have been charged by a reasonable and prudent Contractor as a reasonable and necessary cost for performance of the extra work. In the event said extra work be performed and paid for under Method (C)(1), then the provisions of this paragraph f shall apply and the "actual field cost" is hereby defined to include the cost of all workmen, such as foremen, timekeepers, mechanics and laborers, materials, supplies, teams, trucks, rentals on machinery and equipment, for the time actually employed or used on such extra work, plus actual transportation charges necessarily incurred, together with all expenses incurred directly on account of such extra work, including Social Security, Old Age Benefits, Maintenance Bonds, Public Liability and Property Damage and Workers' Compensation and all other insurances as may be required by law or ordinances or directed by the Owner or Owner's Representative, or by them agreed to. Owner's Representative may direct the form in which accounts of the actual field cost shall be kept and records of these accounts shall be made available to the Owner's Representative. The Owner's Representative may also specify in writing, before the work commences, the method of doing the work and the type and kind of machinery and equipment to be used; otherwise, these matters shall be determined by the Contractor. Unless otherwise agreed upon, the prices for the use of machinery and equipment shall be determined by using 100%, unless otherwise specified, of the latest Schedule of Equipment and Ownership Expenses adopted by the Associated General Contractors of America. Where practical, the terms and prices for the use of machinery and equipment shall be incorporated in the written extra work order. The fifteen percent (15%) of the actual field cost to be paid to Contractor shall cover and compensate Contractor for its profit, overhead, general superintendence and field office expense, and all other elements of cost and expense not embraced within the actual field cost as herein defined, save that where the Contractor's Camp or Field Office must be maintained primarily on account of such Extra Work, then the cost to maintain and operate the same shall be included in the "actual field cost." No claim for extra work of any kind will be allowed unless ordered in writing by Owner's Representative. In case any orders or instructions appear to the Contractor to involve extra work for which Contractor should receive compensation or an adjustment in the construction time, Contractor shall prior to commencement of such extra work, make written request to the Owner's Representative for a written order authorizing such extra work. Should a difference of opinion arise as to what does or does not constitute extra work or as to the payment therefore, and the Owner's Representative insists upon its performance, the Contractor shall proceed with the work after making written request for written order and shall keep adequate and accurate account of the actual field cost thereof, as provided under Method (C)(1). If Contractor does not notify Owner's Representative before the commencement of any extra work, any claim for payment due to alleged extra work shall be deemed waived. 25. DISCREPANCIES AND OMISSIONS It is further agreed that it is the intent of the contract documents that all work described in the bid, the specifications, plans and other contract documents, is to be done for the prices quoted by the Contractor and that such price shall include all appurtenances necessary to complete the work in accordance with the intent of these contract documents as interpreted by Owner's Representative. Notices of any discrepancies or omissions in these plans, specifications, or contract documents, shall be given to the Owners' Representative and a clarification obtained before the bids are received, and if no such notice is received by the Owner's Representative prior to the opening of bids, then it shall be deemed that the Contractor fully understands the work to be included and has provided sufficient sums in its bid to complete the work in accordance with these plans and specifications. If Contractor does not notify Owner's Representative before bidding of any discrepancies or omissions, then it shall be deemed for all purposes that the plans and specifications are sufficient and adequate for completion of the project. It is further agreed that any request for clarification must be submitted no later than five (5) calendar days prior to the opening of bids. 26. RIGHT OF OWNER TO MODIFY METHODS AND EQUIPMENT If at any time the methods or equipment used by the Contractor are found to be inadequate to secure the quality of work with the rate of progress required under this contract, the Owner or Owner's Representative may order the Contractor in writing to increase their safety or improve their character and efficiency and the Contractor shall comply with such order. If, at any time, the working force of the Contractor is inadequate for securing the progress herein specified, the Contractor shall, if so ordered in writing, increase its force or equipment, or both, to such an extent as to give reasonable assurance of compliance with the schedule of progress. Y27. PROTECTION AGAINST ACCIDENT TO EMPLOYEES AND THE PUBLIC AND GENERAL INDEMNITY The Contractor shall take out and procure a policy or policies of Workers' Compensation Insurance with an insurance company licensed to transact business in the State of Texas, which policy shall comply with the Workers' Compensation laws of the State of Texas. The Contractor shall at all times exercise reasonable precaution for the safety of employees and others on or near the work and shall comply with all applicable provisions of federal, state and municipal laws and building and construction codes. All machinery and equipment and other physical hazards shall be guarded in accordance with the "Manual of Accident Prevention in Construction" of Associated General Contractors of America, except where incompatible with federal, state or municipal laws or regulations. The Contractor, its sureties and insurance carriers shall defend, indemnify and hold harmless the Owner and all of its officers, agents and employees against any all losses, costs, damages, expenses, liabilities, claims and/or causes of action, whether known or unknown, fixed, actual, accrued or contingent, liquidated or unliquidated, including, but not limited to, attorneys' fees and expenses, in connection with, incident to, related to, or arising out of, the Contractor's or any subcontractor's, agent's or employee's, in any manner whatsoever, omission, execution and/or supervision of this contract, and the project which is the subject matter of this contract. The safety precautions taken shall be the sole responsibility of the Contractor, in its sole discretion as an Independent Contractor; inclusion of this paragraph in the Agreement, as well as any notice which may be given by the Owners or the Owner's Representative concerning omissions under this paragraph as the work progresses, 6 are intended as reminders to the Contractor of its duty and shall not be construed as any assumption of duty to supervise safety precautions by either the Contractor or any of its subcontractors. f 28. CONTRACTOR'S INSURANCE The Contractor shall not commence work under this contract until he has obtained all insurance as required in the General Conditions of the contract documents, from an underwriter authorized to do business in the State of Texas and satisfactory to the City. Proof of coverage shall be furnished to the City and written notice of cancellation or any material change will be provided ten (10) calendar days in advance of cancellation or change. All policies of insurance, required herein, including policies of insurance required to be provided by Contractor and its subcontractors, shall contain a waiver of any and all of the insurer's or payor's, in the event of self-insurance, rights to subrogation that any such insurer or payor, in the event of self-insurance, may acquire by virtue of payment of any loss under such insurance or self-insurance. All certificates of insurance submitted to the City in conformity with the provisions hereof shall establish such waiver. The Contractor shall procure and carry at its sole cost and expense through the life of this contract, insurance protection as hereinafter specified. Coverage in excess of that specified herein also shall be acceptable. Such insurance shall be carried with an insurance company authorized to transact business in the State of Texas and shall cover all operations in connection with this contract, whether performed by the Contractor or a subcontractor, or separate policies shall be provided covering the operation of each subcontractor. A certificate of insurance specifying each and all coverages shall be submitted prior to contract execution. The Certificates of Insurance furnished by the Contractor and Subcontractors shall name the City of Lubbock as an additional insured. If no subcontractors will be used, said insurance certificate shall be accompanied by a written statement from the Contractor stating to the effect that no work on this K particular project shall be subcontracted. A. General Liability Insurance The contractor shall have Comprehensive General Liability Insurance with limits of $1,000,000 Combined Single Limit in the aggregate and per occurrence to include: Premises and Operations Explosion & Collapse Hazard Underground Damage Hazard Products & Completed Operations Hazard Contractual Liability Independent Contractors Coverage P� Personal Injury Advertising Injury B. Owner's and Contractor's Protective Liability Insurance. For bodily injuries, including accidental death and or property damage, $500,000 Combined Single Limit. This policy shall be submitted prior to contract execution. C. Comprehensive Automobile Liability Insurance The Contractor shall have Comprehensive Automobile Liability Insurance with limits of not less than; Bodily Injury/Property Damage, $300,000 Combined Single Limit, to include all owned and non -owned cars including: Employers Non -ownership Liability Hired and Non -owned Vehicles. The City is to be named as an additional insured on this policy for this specific job and copy of the endorsement doing so is to be attached to the Certificate of Insurance. D. Builder's Risk Insurance/installation Floater Insurance. The Contractor shall obtain a Builder's Risk policy in the amount of 100% of the total contract price (100% of potential loss) naming the City of Lubbock as insured. E. Umbrella Liability Insurance The Contractor shall have Umbrella Liability Insurance in the amount of won all contracts with coverage to correspond with Comprehensive General Liability and Comprehensive Automobile Liability coverages. F. Worker's Compensation and Employers Liability Insurance Worker's Compensation Insurance covering all employees whether employed by the Contractor or any Subcontractor on the job with Employers Liability of at least $500,000.00. Definitions: Certificate of coverage ("certificate") - A copy of a certificate of insurance, a certificate of authority to self -insure issued by the commission, or a coverage agreement (TWCC-81, TWCC-82, TWCC- 83, or TWCC-84), showing statutory workers' compensation insurance coverage for the person's or entity's employees providing services on a project, for the duration of the project. Duration of the project - includes the time from the beginning of the work on the project until the Contractor's/person's work on the project has been completed and accepted by the governmental entity. Persons providing services on the project ("subcontractor" in Section ©406.096, Texas Labor Code) - includes all persons or entities performing all or part of the services the Contractor has undertaken to perform on the project, regardless of whether that person contracted directly with the Contractor and regardless of whether that person has employees. This includes, without limitation, independent contractors, subcontractors, leasing companies, motor carriers, owner - operators, employees of any such entity, or employees of any entity which furnishes persons to provide services on the project. "Services" include, without limitation, providing, hauling, or delivering equipment or materials, or providing labor, transportation, or other service related to a project. "Services" does not include activities unrelated to the project, such as food/beverage µ vendors, office supply deliveries, and delivery of portable toilets. 2. The Contractor shall provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements, which meets the statutory requirements of Texas Labor Code, Section 401.011(44) for all employees of the contractor providing services on the project, for the duration of the project. 3. The Contractor must provide a certificate of coverage to the governmental entity prior to being awarded the contract. If the coverage period shown on the Contractor's current certificate of coverage ends during the duration of the project, the Contractor must, prior to the end of the coverage period, file a new certificate of coverage with the governmental entity showing that coverage has been extended. 5. The Contractor shall obtain from each person providing services on the project, and provide to the governmental entity: (a) a certificate of coverage, prior to that person beginning work on the project, so the governmental entity will have on file certificates of coverage showing coverage for all persons providing services on the project; and (b) no later than seven days after receipt by the Contractor, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project. 6 The Contractor shall retain all required certificates of coverage for the duration of the project and for one year thereafter. 7. The Contractor shall notify the governmental entity in writing by certified mail or personal delivery, within 10 days after the Contractor knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project. 8. The Contractor shall post on each project site a notice, in the text, form and manner prescribed by the Texas Workers' Compensation Commission, informing all persons providing services on the project that they are required to be covered, and stating how a person may verify coverage and report lack of coverage. 9. The Contractor shall contractually require each person with whom it contracts to provide services on the project, to: (a) provide coverage, based on proper reporting of classification codes and payroll amounts i and filing of any coverage agreements, which meets the statutory requirements of Texas Labor Code, Section 401.011(44) for all of its employees providing services on the project, for the duration of the project; (b) provide to the Contractor, prior to that person beginning work on the project, a certificate of coverage showing that coverage is being provided for all employees of the person providing services on the project, for the duration of the project; (c) provide the Contractor, prior to the end of the coverage period, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (d) obtain from each other person with whom it contracts, and provide to the Contractor: (1) a certificate of coverage, prior to the other person beginning work on the project; and (2) a new certificate of coverage showing extension of coverage, prior to the end of the coverage period, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (e) retain all required certificates of coverage on file for the duration of the project and for one year thereafter; (f) notify the governmental entity in writing by certified mail or personal delivery, within 10 days after the person knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project; and (g) contractually require each person with whom it contracts to perform as required by paragraphs (a) - (g), with the certificates of coverage to be provided to the person for whom they are providing services. 1 10. By signing this contract or providing or causing to be provided a certificate of coverage, the -t Contractor is representing to the governmental entity that all employees of the Contractor who will provide services on the project will be covered by worker's compensation coverage for the duration of the project, that the coverage will be based on proper reporting of classification codes and payroll amounts, and that all coverage agreements will be filed with the appropriate insurance carrier or, in the case of a self -insured, with the commission's Division of Self -Insurance 9 L Regulation. Providing false or misleading information may subject the Contractor to administrative penalties, criminal penalties, civil penalties, or other civil actions. 11. The Contractor's failure to comply with any of these provisions is a breach of contract by the Contractor which entitles the governmental entity to declare the contract void if the Contractor does not remedy the breach within ten days after receipt of notice of breach from the governmental entity. Proof of Coverage Before work on this contract is commenced, each Contractor and subcontractor shall submit to the Owner for approval five Certificates of Insurance covering each insurance policy carried and offered as evidence of compliance with the above insurance requirements, signed by an authorized representative of the insurance company setting forth: (1) The name and address of the insured. (2) The location of the operations to which the insurance applies. (3) The name of the policy and type or types of insurance in force thereunder on the date borne by such certificate. (4) The expiration date of the policy and the limit or limits of liability thereunder on the date borne by such certificate. (5) A provision that the policy may be canceled only by mailing written notice to the named insured at the address shown in the bid specifications. (6) A provision that written notice shall be given to the City ten days prior to any change in or cancellation of the policies shown on the certificate. (7) The certificate or certificates shall be on the form (or identical copies thereof) contained in the job specifications. No substitute of nor amendment thereto will be acceptable. (8) If policy limits are paid, new policy must be secured for new coverage to complete project. (9) A Contractor shall: (a) provide coverage for its employees providing services on a project, for the duration of the project based on proper reporting of classification codes and payroll amounts and filling of any coverage agreements; (b) provide a certificate of coverage showing workers' compensation coverage to the governmental entity prior to beginning work on the project; (c) provide the governmental entity, prior to the end of the coverage period, a new certificate of coverage showing extension of coverage, if the coverage period shown on the Contractor's current certificate of coverage ends during the duration of the project; (d) obtain from each person providing services on a project, and provide to the governmental entity: (i) a certificate of coverage, prior to that person beginning work on the project, so the governmental entity will have on file certificates of coverage showing coverage for all persons providing services on the project; and (ii) no later than seven days after receipt by the Contractor, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (e) retain all required certificates of coverage on file for the duration of the project and for one year thereafter; 10 (f) notify the governmental entity in writing by certified mail or personal delivery, within 10 days after the Contractor knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project; (g) post a notice on each project site informing all persons providing services on the project that they are required to be covered, and stating how a person may verify current coverage and report failure to provide coverage. This notice does not satisfy other posting requirements imposed by the Texas Worker's Compensation Act or other commission rules. This notice must be printed with a title in at least 30 point bold type and text in at least 19 point normal type, and shall be in both English and Spanish and any other language common to the worker population. The text for the notices shall be the following text provided by the commission on the sample notice, without any additional words or changes: REQUIRED WORKERS' COMPENSATION COVERAGE "The law requires that each person working on this site or providing services related to this construction project must be covered by workers' compensation Insurance. This includes persons providing, hauling, or delivering equipment or materials, or providing labor or transportation or other service related to the project, regardless of the identity of their employer or status as an employee." "Call the Texas Workers' Compensation Commission at 5121440-3789 to receive information of the legal requirements for coverage, to verify whether your employer has provided the required coverage, or to report an employer's failure to provide coverage;" and (h) contractually require each person with whom it contracts to provide services on a project, i to: (i) provide coverage based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements for all of its employees providing services on the project, for the duration of the project; (ii) provide a certificate of coverage to the Contractor prior to that person beginning work on the project; (iii) include in all contracts to provide services on the project the following language: "By signing this contract or providing or causing to be provided a certificate of coverage, the person signing this contract is representing to the governmental entity that all employees of the person signing this contract who will provide services on the project will be covered by workers' compensation coverage for the duration of the project, that the coverage will be based on proper reprinting of classification codes and payroll amounts, and that all coverage agreements will be filed with the appropriate insurance carrier or, in the case of a self -insured, with the commission's Division of Self -Insurance Regulation. Providing false or misleading information may subject the Contractor to administrative penalties, criminal penalties, civil penalties, or other civil actions."; (iv) provide the Contractor, prior to the end of the coverage period, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (v) obtain from each other person with whom it contracts, and provide to the Contractor: 11 (1) a certificate of coverage, prior to the other person beginning work on the project; and } (2) prior to the end of the coverage period, a new certificate of coverage J showing extension of the coverage period, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (vi) retain all required certificates of coverage on file for the duration of the project and for one year thereafter; (vii) notify the governmental entity in writing by certified mail or personal delivery, within 10 days after the person knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project; and (viii) contractually require each other person with whom it contracts, to perform as required by paragraphs (i)-(viii), with the certificate of coverage to be provided to the person for whom they are providing services. 29. DISABLED EMPLOYEES Contractors having more than fifteen (15) employees agree to comply with the Americans with Disabilities Act of 1990, and agree not to discriminate against a qualified individual with a disability because of the disability of such individual in regard to job application procedures, the hiring, advancement, or discharge of employees, employee compensation, job training, and other terms, conditions, and privileges of employment. 30. PROTECTION AGAINST CLAIMS OF SUBCONTRACTORS LABORERS MATERIALMEN AND FURNISHERS OF MACHINERY, EQUIPMENT AND SUPPLIES Without limiting, in any way, manner or form, the indemnity provided by Contractor in paragraph 27 hereof, the Contractor agrees that it will indemnify and save the Owner and all of its officers, agents and employees, harmless against any and all claims, liabilities, losses, damages, expenses and causes of action arising out of, in any way, manner or form, the demands of subcontractors, laborers, workmen, mechanics, materialmen and fumishers of machinery and parts thereof, equipment, power tools, and supplies, incurred in the performance of this contract and the project which is the subject matter of this contract. When Owner so desires, the Contractor shall furnish satisfactory evidence that all obligations of the nature hereinabove designated have been paid, discharged or waived. If during the progress of the work, Contractor shall allow any indebtedness to accrue for work furnished by any of those designated in the preceding and shall fail to a and discharge an such indebtedness within five 9 P 9 P Y 9 Y (5) days after demand is made, then Owner may, during the period for which such indebtedness shall remain unpaid, in addition to any statutory retainage rights it may have, withhold from the unpaid portion of this contract, a sum equal to the amount of such unpaid indebtedness or may apply the sum so withheld to discharge any such indebtedness. ti 31. PROTECTION AGAINST ROYALTIES OR PATENT INVENTION The Contractor shall pay all royalties and license fees, and shall provide for the use of any design, device, material or process covered by letters patent or copyright by suitable legal agreement with the Patentee or owner thereof. Without limiting, in any way, manner or form, the indemnity provided by Contractor in paragraph 27 hereof, the Contractor shall defend all suits or claims for infringement of any patent or copyrights and shall indemnify and save the Owner, and all of its officers, agents and employees harmless from any loss on account thereof, except that Owner shall defend all such suits and claims and shall be responsible for all such loss when a particular design, device, material or process or the product of a particular manufacturer or manufacturers is specified or required in these contract documents by Owner; provided, however, if choice of alternate design, device, material or process is allowed to the Contractor, then Contractor shall indemnify and save Owner, and all of its officers, agents and employees harmless from any loss on account thereof. Notwithstanding anything herein to the contrary, if the material or process specified or required by Owner and/or this contract is an infringement, the 12 Contractor shall be responsible for such loss unless it gives written notice of such infringement to the Owner's Representative prior to bidding. 32. LAWS AND ORDINANCES The Contractor shall at all times observe and comply with all federal, state and local laws, ordinances and regulations, which in any manner affect the contract or the work, and without limiting, in any way, manner or form, the indemnity provided by Contractor in paragraph 27 hereof, Contractor shall indemnify and save harmless the Owner, and all of its officers, agents, and employees against any claims arising from the violation of any such laws, ordinances, and regulations, whether by the Contractor, its employees, or subcontractors. If the Contractor observes that the plans and specifications are at variance therewith, he shall notify the Owner's Representative in writing prior to bidding and any necessary changes shall be adjusted as provided in the contract for changes in the work. In the absence of timely written notification to Owner's Representative of such variance or variances within said time, any objection and/or assertion that the plans and specifications are at variance with any federal, state or local laws, ordinances or regulations shall be deemed waived. If the Contractor, its employees or subcontractors perform any work contrary to such laws, ordinances, rules and regulations, and without such notice to the Owner's Representative, Contractor shall bear all costs arising therefrom. The Owner is a municipal corporation of the State of Texas and the law from which it derives its powers, insofar as the same regulates the objects for which, or the manner in which, or the conditions under which the Owner may enter into contracts, shall be controlling, and shall be considered as part of this contract to the same effect as though embodied herein. 33. SUBCONTRACTING The Contractor agrees that it will retain personal control and will give its personal attention to the fulfillment of this contract. The Contractor further agrees that subletting of any portion or feature of the work, or materials required in the performance of this contract, shall not relieve the Contractor from its full obligations to the Owner, as y provided by the contract documents. 34. TIME FOR SUBSTANTIAL COMPLETION AND LIQUIDATED DAMAGES It is hereby understood and mutually agreed by and between the Contractor and the Owner, that the date of beginning and time for completion as specified in the contract documents, of work to be done hereunder are essential conditions of this contract; and it is further mutually understood and agreed that the work embraced in this contract shall be commenced as provided in the contract documents. If the Contractor should neglect, fail, or refuse to substantially complete the work within the time herein specified, 1 then the Contractor does hereby agree as part of the consideration for the awarding of this contract, the Owner ! may withhold permanently from Contractor's total compensation, the sum of $150.00 (ONE HUNDRED FIFTY DOLLARS) PER DAY, not as a penalty, but as liquidated damages for the breach of the contract as herein set forth for each and every working day that the Contractor shall be in default after the time stipulated for substantially completing the work. It is expressly understood and agreed, by and between Contractor and the Owner, that the time for the substantial completion of the work described herein is reasonable time for the completion of the same, taking into j consideration the average climatic range and conditions and usual industrial conditions prevailing in this locality. The amount is fixed and agreed upon by and between the Contractor and the Owner because the actual damages the Owner would sustain in such event would be difficult and/or impossible to estimate, however, the amount agreed upon herein is a reasonable forecast of the amount necessary to render just compensation to Owner, and is expressly agreed to be not disproportionate to actual damages as measured at time of breach. 1 IT IS FURTHER AGREED AND UNDERSTOOD BETWEEN THE CONTRACTOR AND OWNER THAT TIME IS OF THE ESSENCE OF THIS CONTRACT. 13 35. TIME AND ORDER OF COMPLETION It is the meaning and intent of this contract, unless otherwise herein specifically provided, that the Contractor shall be allowed to prosecute its work at such time and sessions, in such order of precedence, and in such manner as shall be most conductive to economy of construction; provided, however, that the order and time of prosecution shall be such that the work shall be substantially completed as a whole and in part, in accordance with this contract, the plans and specifications, and within the time of completion designated in the bid; provided, also, that when the Owner is having other work done, either by contract or by its own force, the Owner's Representative may direct the time and manner of constructing work done under this contract so that conflicts will be avoided and the construction of the various works being done for the Owner shall be harmonized. The Contractor shall submit, at such times as may reasonably be requested by the Owner's Representative, schedules which shall show the order in which the Contractor intends to carry on the work, with dates at which the Contractor will start the several parts of the work and estimated dates of completion of the several parts. 36. TIME OF PERFORMANCE `. The Contractor agrees that it has submitted its bid in full recognition of the time required for the completion of this project, taking into consideration the average climatic range and industrial conditions prevailing in this locality, and j has considered the liquidated damage provisions of paragraph 34 hereinabove set forth and expressly agrees that it shall not be entitled to, nor will it request, an extension of time on this contract, except when its work has been delayed by an act or neglect of the Owner, Owner's Representative, employees of the Owner or other contractors employed by the Owner, or by changes ordered in the work, or by strike, walkouts, acts of God or the public enemy, fire or flood. Any request for extension shall be in writing with the written request for same setting forth all justifications, in detail, for the request, and submitted to Owner's Representative within twenty (20) calendar days of the occurrence of the event causing said delay. A failure by Owner's Representative to affirmatively grant the extension no later than twenty (20) calendar days of written submission by Contractor shall be deemed a denial, and final. Further, in the absence of timely written notification of such delay and request for extension, as provided herein, any request for extension by Contractor shall be deemed waived. 37. HINDRANCE AND DELAYS In executing the contract, the Contractor agrees that in undertaking to complete the work within the time herein fixed, Contractor has taken into consideration and made allowances for all hindrances and delays incident to such work, whether growing out of delays due to unusual and unanticipated circumstances, difficulties or delays in securing material or workmen, or any other cause or occurrence. No charge shall be made by the Contractor for hindrance or delays from any cause during the progress of any part of the work embraced in this contract except !r( where the work is stopped by order of the Owner or Owner's Representative for the Owner's convenience, in :a which event, such expense as in the sole judgment of the Owner's Representative that is caused by such stoppage shall be paid by Owner to Contractor. 38. QUANTITIES AND MEASUREMENTS No extra or customary measurements of any kind will be allowed, but the actual measured or computed length, iarea, solid contents, number and weight only shall be considered, unless otherwise specifically provided. In the event this contract is let on a unit price basis, then Owner and Contractor agree that this contract, including the specifications, plans and other contract documents are intended to show clearly all work to be done and material to be furnished hereunder. Where the estimated quantities are shown, and only when same are expressly stated to be estimates, for the various classes of work to be done and material to be furnished under this contract, they are approximate and are to be used only as a basis for estimating the probable cost of the work and for comparing their bids offered for the work. In the event the amount of work to be done and materials to be furnished are expressly stated to be estimated, and only when same are expressly stated to be estimated, it is understood and agreed that the actual amount of work to be done and the materials to be furnished under this contract may differ somewhat from these estimates, and that where the basis for payment under this contract is the unit price method, payment shall be for the actual amount of work done and materials furnished on the project. 14 39. PROTECTION OF ADJOINING PROPERTY The Contractor shall take proper means to protect the adjacent or adjoining property or properties in any way encountered, which may be injured or seriously affected by any process of construction to be undertaken under this agreement, from any damage or injury by reason of said process of construction; and Contractor shall be liable for any and all claims for such damage on account of his failure to fully protect all adjacent property. Without limiting, in any way, manner and form, the indemnity provided by Contractor in paragraph 27 hereof, the Contractor agrees to indemnify, save and hold harmless the Owner, and any of its officers, agents and employees, against any and all claims or damages due to any injury to any adjacent or adjoining property, related to, arising from or growing out of the performance of this contract. 40. PRICE FOR WORK f In consideration of the furnishing of all necessary labor, equipment and material and the completion of all work by the Contractor, and on the delivery of all materials embraced in this contract in full conformity with the specifications and stipulations herein contained, the Owner agrees to pay the Contractor the price set forth in the bid proposal attached hereto, which has been made a part of this contract, and the Contractor hereby agrees to Mj receive such price in full for furnishing all materials and all labor required for the aforesaid work, also, for all expenses incurred by Contractor and for well and truly performing the same and the whole thereof in the manner } and according to this agreement, the attached specifications, plans, contract documents and requirements of 4 Owner's Representative. 41. PAYMENTS No payments made or certificates given shall be considered as conclusive evidence of the performance of the contract, either wholly or in part, nor shall any certificate or payment be considered as acceptance of defective j work. Contractor shall at any time requested during the progress of the work furnish the Owner or Owner's } Representative with a verifying certificate showing the Contractor's total outstanding indebtedness in connection with the work. Before final payment is made, Contractor shall satisfy Owner, by affidavit or otherwise, that there are no outstanding liens against Owner's premises by reason of any work under the contract. Acceptance by { Contractor of final payment of the contract price shall constitute a waiver of all claims against Owner, Owner's I agents and employees, which have not theretofore been timely filed as provided in this contract. 42. PARTIAL PAYMENTS On or before the tenth day of each month, the Contractor shall submit to Owner's Representative an application for partial payment or, if the Contractor does not submit such application, the Owner's Representative shall determine the amount to be partially paid. Owner's Representative shall review said application for partial payment if submitted, and the progress of the work made by the Contractor and if found to be in order, shall prepare a certificate for partial payment showing as completely as practical the total value of the work done by the Contractor up to and including the last day of the preceding month. The determination of the partial payment by the Owner's Representative shall be in accordance with Paragraph 14 hereof. The Owner shall then pay the Contractor on or before the fifteenth day of the current month the total amount of the 1 Owner's Representative's Certificate of Partial Payment, less 5% of the amount thereof, which 5% shall be retained until final payment, and further, less all previous payments and all further sums that may be retained by Owner under the terms of the contract documents. f Any partial payment made hereunder shall not constitute a waiver by the Owner of any and all other rights to enforce the express terms of the contract documents, and all remedies provided therein, as to any and all work performed, to be performed and/or materials delivered hereunder, including, but limited to, work to which said partial payment is attributable. 43. SUBSTANTIAL COMPLETION IContractor shall give Owner's Representative written notice of substantial completion. Within thirty-one (31) working days after the Contractor has given the Owner's Representative written notice that the work has been `, 15 i substantially completed, the Owner's Representative and/or the Owner shall inspect the work and within said time, if the work be found to be substantially completed in accordance with the contract documents, the Owner's Representative shall issue to the Owner and Contractor a certificate of substantial completion. Notwithstanding the issuance of a certificate of substantial completion, Contractor shall proceed with diligence to finally complete the work within the time provided in this contract. 44. FINAL COMPLETION AND PAYMENT The Contractor shall give written notice to Owner's Representative of final completion. Upon written notice of final completion, the Owner's Representative shall proceed to make final measurement to determine whether final completion has occurred. If the Owner's Representative determines final completion has occurred, Owner's J Representative shall so certify to the Owner. Upon certification by Owner's Representative of final completion, Owner shall pay to the Contractor on or before the 31 st working day after the date of certification of final completion, the balance due Contractor under the terms of this agreement. Neither the certification of final completion nor the final payment, nor any provisions in the contract documents shall relieve the Contractor of the obligation for fulfillment of any warranty which may be required in the contract documents and/or any warranty or warranties implied by law or otherwise. 45. CORRECTION OF WORK Contractor shall promptly remove from Owner's premises all materials condemned by the Owner's Representative on account of failure to conform to the contract documents, whether actually incorporated in the work or not, and Contractor shall at its own expense promptly replace such condemned materials with other materials conforming to the requirements of the contract documents. Contractor shall also bear the expense of restoring all work of other contractors damaged by any such removal or replacement. If Contractor does not remove and replace any such condemned work within a reasonable time after a written notice by the Owner or the Owner's Representative, Owner may remove and replace it at Contractor's expense. Neither the final payment, nor certification of final completion or substantial completion, nor any provision in the contract documents shall relieve the Contractor of responsibility for faulty materials or workmanship, and Contractor shall remedy any defects due thereto and pay for any damage to other work resulting therefrom, which shall appear within a period of one (1) year from the date of certification of final completion by Owner's Representative. 46. PAYMENT WITHHELD The Owner or Owner's Representative may, on account of subsequently discovered evidence, withhold or nullify the whole or part of any certification to such extent as may be necessary to protect itself from loss on account of: (a) Defective work not remedied and/or work not performed. (b) Claims filed or reasonable evidence indicating possible filing of claims. (c) Failure of the Contractor to make payments promptly to subcontractors or for materials or labor. (d) Damage to another contractor. When the above grounds are removed, or the Contractor provides a surety bond satisfactory to the Owner, in the amount withheld, payment shall be made for amounts withheld because of them. 47. CLAIM OR DISPUTE It is further agreed by both parties hereto that all questions of dispute or adjustment presented by the Contractor shall be in writing and filed with the Owner's Representative within fifteen (15) calendar days after the Owner's Representative has given any direction, order or instruction to which the Contractor desires to take exception. Timely written notice of dispute as provided in this contract of any decision by Owner's Representative or Owner shall be a condition precedent to the bringing and/or assertion of any action or claim by Contractor of any right under this Contract. If the matters set forth in the notice of dispute are not granted or otherwise responded to by Owner's Representative within fifteen (15) calendar days of receipt of notice of dispute by Owner's Representative, said objections shall be deemed denied. Any decision by the Owner's Representative, or deemed denial by the Owner's Representative, shall be final and conclusive in the absence of fraud. It is further agreed that the 16 acceptance by the Contractor of the final payment shall be a bar to any and all claims of the Contractor, and constitute a waiver of the right to assert any claim against Owner, Owner's agents and employees and Owner's Representative, by Contractor. 48. NON-COMPLIANCE AND/OR ABANDONMENT BY CONTRACTOR In case the Contractor should (1) abandon and fail or refuse to resume work within fifteen (15) calendar days after written notification from the Owner or the Owner's Representative, or (2) if the Contractor fails to comply with the written orders of the Owner's Representative, when such orders are consistent with this contract, then the Surety on the bond shall be notified in writing and directed to complete the work and a copy of said notice shall be delivered to the Contractor. In the event a bond is not required by law, or otherwise obtained by the Contractor, no further notice of such non-compliance to Contractor shall be required. After receiving said notice of abandonment or non-compliance, the Contractor shall not remove from the work any machinery, equipment, tools, materials or supplies then on the job, but the same, together with any materials and equipment under the contract for work, may be held for use on the work by the Owner or the Surety of the Contractor, or another contractor, in completion of the work; and the Contractor shall not receive any rental or credit therefore (except when used in connection with Extra Work, where credit shall be allowed as provided for under paragraph 24 of this contract); it being understood that the use of such equipment and materials will ultimately reduce the cost to complete the work and be reflected in the final settlement. In the event the Contractor, or Surety, whichever is applicable, should fail to commence compliance with the notice hereinbefore provided within ten (10) calendar days after service of such notice, and/or shall fail to proceed with diligence to complete the project as contemplated and in compliance with all terms and provisions of the contract documents, then the Owner may exercise any and all remedies available to it pursuant to law, contract, equity or otherwise, including, but not limited to, providing for completion of the work in either of the following elective manners: (a) The Owner may employ such force of men and use of machinery, equipment, tools, materials and supplies as said Owner may deem necessary to complete the work and charge the expense of such labor, machinery, equipment, tools, materials and supplies to said Contractor, and the expense so charged shall be deducted and paid by the Owner out of such moneys as may be due, or that may thereafter at any time become due to the Contractor under and by virtue of this Agreement. In case such expense is less than the sum which would have been payable under this contract, if the same had been completed by the Contractor, then said Contractor shall receive the difference. In case such expense is greater than the sum which would have been payable under this contract, if the same had been completed by said Contractor, then the Contractor and/or its Surety shall pay the amount of such excess to the Owner; or (b) The Owner, under sealed bids, after notice published as required by law, at least twice in a newspaper having a general circulation in the County of location of the work, may let the contract for the completion of the work under substantially the same terms and conditions which are provided in this contract. In case of any increase in cost to the Owner under the new contract as compared to what would have been the cost under this contract, such increase shall be charged to the Contractor and the Surety shall be and remain bound therefore. Should the cost to complete any such new contract prove to be less than that which would have been the cost to complete the work under this contract, the Contractor or his Surety shall be credited therewith. - In the event the Owner's Representative elects to complete the work, as described above, when the work shall have been finally completed, the Contractor and his Surety shall be so notified and certification of completion as provided in paragraph 44 hereinabove set forth, shall be issued. A complete itemized statement of the contract accounts, certified to by Owner's Representative as being correct shall then be prepared and delivered to Contractor and his Surety, if applicable, whereon the Contractor or his Surety, or the Owner as the case may be, shall pay the balance due as reflected by said statement within 30 days after the date of certification of completion. In the event the statement of accounts shows that the cost to complete the work is less than that which would have been the cost to the Owner had the work been completed by the Contractor under the terms of this contract, or when the Contractor and/or his Surety, if applicable, shall pay the balance shown to be due by them to the Owner, then all machinery, equipment, tools, materials or supplies left on the site of the work shall be turned over 17 to the Contractor and/or his Surety, if applicable. Should the cost to complete the work exceed the contract price, and the Contractor and/or his Surety, if applicable, fail to pay the amount due the Owner within the time designated hereinabove, and there remains any machinery, equipment, tools, materials or supplies on the site of the work, notice thereof, together with an itemized list of such equipment and materials shall be mailed to the Contractor and his Surety, if applicable, at the respective addresses designated in this contract; provided, however, that actual written notice given in any manner will satisfy this condition. After mailing, or other giving of such notice, such property shall be held at the risk of the Contractor and his Surety, if applicable, subject only to the duty of the Owner to exercise ordinary care to protect such property. After fifteen (15) calendar days from the date of said notice the Owner may sell such machinery, equipment, tools, materials or supplies and apply the net sum derived from such sale to the credit of the Contractor and his Surety, if applicable. Such sale may be made at either public or private sale, with or without notice, as the Owner may elect. The Owner shall release any machinery, equipment, tools, materials, or supplies that remain on the jobsite and belong to persons other than the Contractor or his Surety, if applicable, to their proper owners. The remedies provided to Owner by law, equity, contract, or otherwise, shall be cumulative, to the extent permitted by law. It is expressly agreed and understood that the exercise by Owner of the remedies provided in this paragraph shall not constitute an election of remedies on the part of Owner, and Owner, irrespective of its exercise of remedies hereunder, shall be entitled to exercise concurrently or otherwise, any and all other remedies available to it, by law, equity, contract or otherwise, including but not limited to, liquidated damages, as provided in paragraph 34, hereinabove set forth. 49. LIMITATION ON CONTRACTOR'S REMEDY The remedies of Contractor hereunder shall be limited to, and Owner shall be liable only for, work actually ® performed by Contractor and/or its subcontractors as set forth in the contract documents, and Owner shall not be liable for any consequential, punitive or indirect loss or damage that Contractor may suffer in connection with the project which is the subject matter of this contract. 50. BONDS The Contractor is required to furnish a performance bond in accordance with Chapter 2253, Government Code, in the amount of 100% of the total contract price in the event that said contract price exceeds $100,000 and the Contractor is required to furnish a payment bond in accordance with Chapter 2253, Government Code, in the amount of 100% of the total contract price in the event that said contract price exceeds $25,000. All bonds shall be submitted on forms supplied by the Owner, and executed by an approved Surety Company authorized to do business in the State of Texas. It is further agreed that this contract shall not be in effect until such bonds are so furnished. 51. SPECIAL CONDITIONS In the event special conditions are contained herein as part of the contract documents and said special conditions i conflict with any of the general conditions contained in this contract, then in such event the special conditions shall control. 52. LOSS OR EXPENSE DUE TO UNUSUAL OR UNANTICIPATED CIRCUMSTANCES Unless otherwise specified herein, all loss, expense or damage to the Contractor arising out of the nature of the work to be done, or from the action of the elements, or from any unforeseen circumstance or from unusual obstructions or difficulties, naturally occurring, man made or otherwise, which may be encountered in the prosecution of the work, shall be sustained and borne by the Contractor at his own cost and expense. 53. INDEPENDENT CONTRACTOR Contractor is, and shall remain, an independent contractor with full, complete and exclusive power and authority to direct, supervise, and control its own employees and to determine the method of the performance of the work i covered hereby. The fact that the Owner or Owner's Representative shall have the right to observe Contractor's work during Contractor's performance and to carry out the other prerogatives which are expressly reserved to and vested in the Owner or Owner's Representative hereunder, is not intended to and shall not at any time change or 18 effect the status of the Contractor as an independent contractor with respect to either the Owner or Owner's Representative or to the Contractor's own employees or to any other person, firm, or corporation. 54. CLEANING UP The Contractor shall at all times keep the premises free from accumulation of debris caused by the work, and at the completion of the work Contractor shall remove all such debris and also its tools, scaffolding, and surplus materials and shall leave the work room clean or its equivalent. The work shall be left in good order and condition. In case of dispute Owner may remove the debris and charge the cost to the Contractor. 55. HAZARDOUS SUBSTANCES AND ASBESTOS Hazardous Substances (herein so called), as defined in the Comprehensive Environmental Response, Compensation, and Liability Act (42 U.S.C.S. §9601(14)) and the regulations promulgated thereunder, as same may be amended from time to time, hydrocarbons or other petroleum products or byproducts and/or asbestos, in any form, shall not (i) be utilized, in any way, manner or form, in the construction of, or incorporation into, the Project; or (ii) be brought upon, placed, or located, by any party, on the Project site, or any other property of the City, without the written consent of the Owner's Representative. If Contractor believes that the utilization of a Hazardous Substance, hydrocarbons or other petroleum products or byproducts and/or asbestos is necessary in the construction of the Project, or that it is necessary to place and/or otherwise locate upon the site of the Project or other property of the City, a Hazardous Substance, hydrocarbons or other petroleum products or byproducts and/or asbestos, Contractor shall notify the Owner's Representative, and request consent therefrom, at least twenty (20) days prior to such action. Owner's Representative may grant or deny the request of Contractor and provide whatever requirements such consent, if granted, is conditioned upon, in its sole and absolute discretion. If the request of Contractor is not granted, or otherwise not responded to, by Owner's Representative within five (5) days of the receipt of said request, said request shall be deemed to be denied. In the event Owner's Representative shall consent to the request of Contractor, Contractor shall be responsible for ensuring that all personnel involved in the Project are (i) trained for the level of expertise required for proper performance of the actions contemplated by this Contract and, in particular, in all aspects of handling, storage, disposal and exposure of Hazardous Substances, hydrocarbons or other petroleum products or byproducts and/or j asbestos; and (ii) are provided and utilize all protective equipment, including without limitation, personal protective gear, necessary to provide protection from exposure to Hazardous Substances, hydrocarbons or other petroleum products or byproducts and/or asbestos. 19 IL CURRENT WAGE DETERMINATIONS f RE: RESOLUTION NO. 6262, ITEM NO. 39, APRIL 8, 1999 I EXHIBIT A City of Lubbock Building Construction Trades Prevailing Rates Craft { Acoustical Ceiling Installer Air Conditioner Installer Air Conditioner Installer -Helper Asbestos Worker Asbestos Supervisor Bricklayer Bricklayer -Helper Carpenter Carpenter -Helper Cement Finisher Drywall Hanger Electrician Electrician -Helper Equipment Operator -Heavy Equipment Operator -Light Floor Installer Glazier Insulator-Piping/Boiler Insulator -Helper Iron Worker Laborer -General Mortar Mixer Painter Plumber Plumber -Helper Roofer Roofer -Helper Sheet Metal Worker 1 Sheet Metal Worker -Helper Welder -Certified Hourly Rate 11.50 12.50 6.25 9.00 12.50 12.50 7.00 11.00 7.00 8.00 11.00 13.75 7.00 9.50 8.50 9.50 10.50 11.50 7.00 11.00 6.00 6.00 9.50 12.50 7.00 9.00 7.00 10.00 7.00 11.00 1 EXHIBIT B Paving and Highway Construction Prevailing Wage Rates Craft Hourly Rate Asphalt Heaterman 9.00 Asphalt Shoveler 6.00 Concrete Finisher 8.00 Concrete Finisher -Helper 7.00 Electrician 12.00 Flagger 6.00 Form Setter 7.00 Form Setter -Helper 6.25 Laborer -General 6.00 Laborer -Utility 6.75 Mechanic 8.00 Mechanic -Helper 7.00 Power Equipment Operators Asphalt Paving Machine 7 75 Bulldozer 8.00 Concrete Paving Machine 7.75 Front End Loader 7.25 Heavy Equipment Operator 8.00 Light Equipment Operator 7.25 Motor Grader Operator 9.50 Roller 6.75 Scraper 7.25 Tractor 7.25 Truck Driver -Light 6.50 Truck Driver -Heavy 7.00 2 EXHIBIT C Prevailing Wage Rates Overtime Rate The rate for overtime (in excess of forty hours per week) shall be as required by the Fair Labor Standards Act. EXHIBIT D Prevailing Wage Rates Legal Holiday Rate The rate for legal holidays shall be as required by the fair Labor Standards Act. 3 SPECIFICATIONS Technical Specifications CITY OF LUBBOCK, TEXAS t CALICHE CANYON LANDFILL TNRCC MSW PERMIT NO.69 CITIZEN COLLECTION/TRANSFER STATION .��:........... :T���� GREGORY A. HORNE .oa)-4 5-q-o2 MAY 2002 0.'� %% . 064- �169'F' %311' 0 . .. * ► O'ROBERT HOLLY HOLDER t ►.................................� ► �'• 59052 : e� � �c. G/STER• •G��' �t 9 Za�z Parkhill, Smith & Cooper, Inc. Engineers ■ Architects ■ Planners Technical Specifications CITY OF LUBBOCK, TEXAS CALICHE CANYON LANDFILL TNRCC MSW PERMIT NO.69 CITIZEN COLLECTION/TRANSFER STATION GREGORY A. HORNE .......................... i.. 8309 ?� 5-q-o2 MAY 2002 gPSE.0F Xq1� */ /ROBERT HOLLY HOLDER/ �. ...... .ol q'• 59052 e V 9, Liz Parkhill, Smith & Cooper, Inc. Engineers ■ Architects ■ Planners TABLE OF CONTENTS CITY OF LUBBOCK, TEXAS CALICHE CANYON LANDFILL TNRCC MSW PERMIT NO. 69 CITIZEN COLLECTION/TRANSFER STATION DIVISION AND SECTION CONDITIONS OF THE CONTRACT NO. OF PAGES SECTION 00805 SUPPLEMENTARY GENERAL CONDITIONS.............................................6 DIVISION 1 GENERAL REQUIREMENTS SECTION 01010 SUMMARY OF WORK....................................................................................2 SECTION 01019 CONTRACT CONSIDERATIONS................................................................... I SECTION 01025 MEASUREMENT AND PAYMENT...............................................................1 SECTION 01039 COORDINATION AND MEETINGS..............................................................2 SECTION 01090 REFERENCE STANDARDS............................................................................2 SECTION 01300 SUBMITTALS..................................................................................................3 SECTION 01400 QUALITY CONTROL......................................................................................2 SECTION 01500 CONSTRUCTION FACILITIES AND TEMPORARY CONTROLS..............2 SECTION 01560 ENVIRONMENTAL PROTECTION...............................................................4 SECTION 01600 MATERIAL, AND EQUIPMENT.....................................................................2 SECTION 01700 CONTRACT CLOSEOUT................................................................................2 DIVISION 2 SITE WORK SECTION 02100 SITE PREPARATION.......................................................................................3 SECTION 02223 EXCAVATION, GRADING AND SUBGRADE PREPARATION.................3 SECTION 02231 FLEXIBLE BASE.............................................................................................3 SECTION 02250 STORM DRAIN PIPING..................................................................................4 SECTION 02260 2,000 GALLON SAND/OIL INTERCEPTOR..................................................2 SECTION 02510 PAVING AND SURFACING........................................................................... 6 DIVISION 3 CONCRETE SECTION 03300 CAST -IN -PLACE CONCRETE......................................................................10 DIVISIONS 4 —16 NOT USED 01248102 TABLE OF CONTENTS Page - 1 05/02 'i j SECTION 00805 SUPPLEMENTARY GENERAL CONDITIONS PART 1 - GENERAL The following paragraphs identify and describe changes to specific paragraphs in the General Conditions. 1.1 ADDITIONS, DELETIONS, AND REVISIONS 1.1.1 General Conditions "11. KEEPING OF PLANS AND SPECIFICATIONS ACCESSIBLE", delete the entire paragraph and replace with the following: The Contractor will be furnished five (5) sets of the full-sized drawings and five (5) sets of y the specifications for use during construction. This shall include all plans and specifications furnished to material suppliers and subcontractors but does not include executed contract copies. Plans and specifications for use during construction will be furnished directly only to the contractor. 1.1.2 General Conditions "13. LINES AND GRADES", add a second paragraph as follows: All lines and grades (field surveys) furnished by the Owner's Representative are for initial construction layout and final construction verification. If a portion of the work fails and requires additional work by the Contractor, additional surveys will be provided by the Owner's Representative at Contractor's expense. The Contractor shall be billed directly for additional surveys by the surveyor at the rates being paid by the Owner. Failure of the Contractor to pay for additional surveys will result in a reduction of that amount from the final payment. 1.1.3 General Conditions "21. OBSERVATION AND TESTING", add a fourth paragraph as follows: The Contractor shall pay all costs for pre -construction testing called for in the Technical 1 Specifications and for all failing tests during construction. The Owner shall pay for all construction testing expect for failed tests. The Contractor shall be billed directly for failed tests by the testing laboratory at the rate per test being paid by the Owner. Failure of Contractor to pay for failed tests will result in a reduction of that amount from final payment. .1.1.4 General Conditions "26. RIGHT OF OWNER TO MODIFY METHODS AND Y EQUIPMENT", delete the first paragraph of this section. 1.1.5 General Conditions "27. PROTECTION AGAINST ACCIDENT TO EMPLOYEES AND THE PUBLIC", modify as follows: Delete the fourth sentence of the first paragraph, i.e., "The Contractor, his sureties... including attorneys fees." and replace it with the following: "The Contractor, his sureties and insurance carriers shall defend, indemnify and save harmless the Owner and all of its officers, agents, including Engineer, and employees from all suits, actions, or claims of any character 01248102 SUPPLEMENTARY GENERAL CONDITIONS 00805 - 1 05/02 i whatsoever, brought for or on account of any injuries or damages received or sustained by any person or persons or property, on account of any negligent act or fault of the Contractor or any subcontractor, their agents or employees, in the execution and supervision of said contract, and project which is the subject matter of this contract, on account of the failure of the Contractor or any subcontractor to provide necessary barricades, warning lights, or signs and will be required to pay any judgment with costs which may be obtained against the Owner or any of its officers, agents, including Engineer, or employees including attorney's fees." 1.1.6 General Conditions "28. CONTRACTOR'S INSURANCE", modify as follows: A. Add the following paragraph after the first paragraph: "All insurance, as hereafter specified, shall include a waiver of subrogation against the Owner, the Owner's agents, and the Owner's Engineer." B. In addition to the City, the Engineer is to be named as an additional insured on the Comprehensive General Liability Insurance, the Owner's Protective or Contingent Public Liability and Property Damage Liability Insurance, the Comprehensive Automobile Liability Insurance and the Excess or Umbrella Liability Insurance policies, and a copy of the endorsement doing the foregoing is to be attached to the Certificates of Insurance for such policies. C. The Engineer is to be named as an additional insured on the Builder's Risk Insurance Policy, as its interests may appear. 1.1.7 General Conditions "39. PROTECTION OF ADJOINING PROPERTY", modify as follows: Delete the last sentence of the paragraph, i.e., "without limiting, in any way, manner and form, the indemnity provided ... out of the performance of this contract." and replace it with the following: "The Contractor agrees to indemnify, save and hold harmless the Owner and the Engineer against any claim or claims for damages due to any adjacent or adjoining property arising or growing out of the performance of this contract, but such indemnity shall not apply to any claim of any kind arising out of the existence or character of the work." 1.1.8 General Conditions "53. SPECIAL CONDITIONS", modify as follows: Delete the paragraph and replace it with the following: "In the event any special or supplementary general conditions that are a part of the contract documents conflict with any of the general conditions contained in this contract, then in such event the special or supplementary general conditions shall control." 1.2 ADDITIONAL PARAGRAPHS 1.2.1 General Conditions 56. CONSTRUCTION PROCEDURES AND SAFETY:" Owner's Representative and the Engineer shall not specify construction or service -related procedures and shall not manage, control or have charge of construction, nor shall Owner's Representative or Engineer implement or be responsible for health or safety procedures. Owner's Representative and Engineer shall not be responsible for the acts or omissions of Contractor or other parries on the project and shall not be responsible for construction means, methods, techniques, sequences, or procedures, nor for precautions or programs. All of these 01248102 SUPPLEMENTARY GENERAL CONDITIONS 00805 - 2 05/02 matters shall be responsibility of the Contractor. Owner's Representative's and Engineer's monitoring or review of portions of the work performed under any construction contracts shall not relieve the Contractor from its responsibility for performing the work in accordance with the applicable contract documents." Contractor shall defend, indemnify and hold harmless Owner, Engineer, their officials, officers, directors, consultants, agents and employees from and against all claims, damages, whether direct, indirect or consequential, losses and expenses (including but not limited to attomey's fees and court costs) connected with any illness, injury or loss to the person or property of Contractor, its subcontractors, suppliers, their employees and agents, or any other person, arising out of or resulting from Contractor's responsibilities I under this paragraph; the foregoing shall apply notwithstanding the negligence of any person or entity indemnified hereunder. Not withstanding the above, the Contractor will not be required to indemnify the Owner's Representative or the Engineer to causes arising out of the Engineer's negligent acts, errors, or omissions. 1.2.2 General Conditions 57. RESIDENT PROJECT REPRESENTATIVE MR): General: RPR is Engineer's agent at the site, will act as directed by and under the supervision of Engineer, and will confer with Engineer regarding RPR's actions. RPR's dealings in matters pertaining to the on -site work shall in general be with Engineer and Contractor keeping Owner advised as necessary. RPR's dealings with subcontractors shall only be through or with the full knowledge and approval of Contractor. RPR shall generally communicate with Owner with the knowledge of and under the direction of Engineer. ` A. Duties and Responsibilities of RPR: Schedules: Review the progress schedule, schedule of Shop Drawing submittals and schedule of values prepared by Contractor and consult with Engineer concerning acceptability. 2. Conferences and Meetings: Attend meetings with Contractor, such as preconstruction conferences, progress meetings, job conferences and other project -related meetings, and prepare and circulate copies of minutes thereof. 3. Liaison: a. Serve as Engineer's liaison with Contractor, working principally through i Contractor's superintendent and assist in understanding the intent of the Contract Documents, and assist Engineer in serving as Owner's liaison with Contractor when Contractor's operations affect Owner's on -site y operations. t` b. Assist in obtaining from Owner additional details or information, when required for proper execution of the Work. 4 i 01248102 SUPPLEMENTARY GENERAL CONDTTIONS 00805 - 3 05/02 B. Shop Drawings and Samples: Record date of receipt of Shop Drawings and samples. Receive samples which are furnished at the site by Contractor, and notify Engineer of availability of samples for examination. Advise Engineer and Contractor of the commencement of any Work requiring a Shop Drawing or sample if the submittal has not been approved by the Engineer. C. Review of Work, Rejection of Defective Work, Inspections and Tests: Conduct on -site observations of the Work in progress to assist Engineer in determining if the Work is in general proceeding in accordance with the Contract Documents. 2. Report to Engineer whenever RPR believes that any Work is unsatisfactory, faulty or defective or does not conform to the Contract Documents, or has been damaged, or does not meet the requirements of any inspection, test or approval required to be made; and advise Engineer of Work that RPR believes should be corrected or rejected or should be uncovered for observation, or requires special testing, inspection or approval. Verify that tests, equipment and systems startups and operating and maintenance training are conducted in the presence of appropriate personnel, and that Contractor maintains adequate records thereof; and observe, record and report to Engineer appropriate details relative to the test procedures and startups. 4. Accompany visiting inspectors representing public or other agencies having jurisdiction over the Project, record the results of these inspections and report to Engineer. D. Interpretation of Contract Documents: Report to Engineer when clarifications and interpretations of the Contract Documents are needed and transmit to Engineer. Transmit to Contractor decisions as issued by Engineer. E. Modifications: Consider and evaluate Contractor's suggestions for modifications in Drawings or Specifications and report with RPR's recommendations to Engineer. Transmit to Contractor decisions as issued by Engineer. F. Records: 1. Maintain at the job site orderly files for correspondence, reports of job conferences, Shop Drawings and samples, reproductions of original Contract Documents including all Work Directive Changes, Addenda; Change Orders, Field Orders, additional Drawings issued subsequent to the execution of the Contract, Engineer's clarifications and interpretations of the Contract Documents, progress reports, and other Project related documents. 01248102 SUPPLEMENTARY GENERAL CONDITIONS 00805 - 4 05/02 i 2. Keep a diary or log book, recording Contractor hours on the job site, weather conditions, data relative to questions of Work Directive Changes, Change Orders or changed conditions, list of job site visitors, daily activities, decisions, observations in general, and specific observations in more detail as in the case of observing test procedures; and send copies to Engineer. i 3. Record names, addresses and telephone numbers of all Contractors, subcontractors and major suppliers of materials and equipment. G. Reports: 1. Furnish Engineer periodic reports as required of progress of the Work and of 1 Contractor's compliance with the progress schedule and schedule of Shop } Drawing and sample submittals. 2. Consult with Engineer in advance of scheduled major tests, inspections or start of important phases of the Work. 3. Draft proposed Change Orders and Work Directive Changes, obtaining backup material from Contractor and recommend to Engineer Change Orders, Work Directive Changes, and Field Orders. 4. Report immediately to Engineer and Owner upon the occurrence of any accident. H. Payment Requests: Review applications for payment with Contractor for compliance with the established procedure for their submission and forward with recommendations to Engineer, noting particularly the relationship of the payment requested to the schedule of values. Work completed and materials and equipment delivered at the site but not incorporated in the Work. I. Certificates, Maintenance and Operation Manuals: During the course of the Work, verify that certificates, maintenance and operation manuals and other data required to be assembled and furnished by Contractor are applicable to the items actually installed and in accordance with the Contract Documents, and have this material delivered to Engineer for review and forwarding to Owner prior to final payment for the Work. J. Completion: 1. Before Engineer issues a Certificate of Substantial Completion, submit to Contractor a list of observed items requiring completion or correction. C2. Conduct final inspection in the company of Engineer, Owner, and Contractor and prepare a final list of items to be completed or corrected. 3. Observe that all items on final list have been completed or corrected and make recommendations to Engineer concerning acceptance. 01248102 SUPPLEMENTARY GENERAL CONDITIONS 00805 - 5 05/02 K. Limitations of Authority: Resident Project Representative: 1. Shall not authorize any deviation from the Contract Documents or substitution of materials or equipment, unless authorized by Engineer. 2. Shall not exceed limitations of Engineer's authority as set forth in the Agreement or the Contract Documents. w 3. Shall not undertake any of the responsibilities of Contractor, subcontractors or Contractor's superintendent. 4. Shall not advise on, issue directions relative to or assume control over any aspect of the means, methods, techniques, sequences or procedures of construction unless such advice or directions are specifically required by the Contracts Documents. 5. Shall not advise on, issue directions regarding or assume control over safety precautions and programs in connection with the Work. 6. Shall not accept Shop Drawing or sample submittals from anyone other than Contractor. 7. Shall not authorize Owner to occupy the Project in whole or in part. a ; 8. Shall not participate in specialized field or laboratory tests or inspections conducted by others except as specifically authorized by Engineer. PART 2 - PRODUCTS Not Used PART 3 - EXECUTION Not Used END OF SECTION 01248102 SUPPLEMENTARY GENERAL CONDITIONS 00805 - 6 05/02 r. SECTION 01010 SUMMARY OF WORK PART 1 - GENERAL 1.1 SECTION INCLUDES A. Work covered by Contract Documents B. Contractor use of site. C. Owner occupancy. 1.2 RELATED SECTIONS A. Section 00700 - General Conditions. 1.3 WORK COVERED BY CONTRACT DOCUMENTS A. Identification: City of Lubbock, Texas, Caliche Canyon Landfill, "Citizen Collection/Transfer Station." B. Location: Lubbock, Texas, Caliche Canyon Landfill, TNRCC MSW Permit No. 69. C. Verbal Summary: Without force or effect on requirements of the Contract Documents a brief description of the Project is as follows: 1. Earthwork excavation, grading and soil fill construction as shown on plans. 2. Asphalt paving. 3. Reinforced concrete retaining wall. 4. Reinforced concrete paving. 5. Sand/grit concrete vault. 6. Miscellaneous piping and appurtenances. 1.4 CONTRACTOR USE OF SITE A. Limit use of site to allow one Owner occupancy. B. Construction Operations will be limited to areas adjacent to construction site as designated by the Owner. 1.5 OWNER OCCUPANCY A. The Owner will occupy the site during construction for the conduct of normal operations. B. Cooperate with Owner to minimize conflict, and to facilitate Owner's operations. C. Schedule the Work to accommodate this requirement. PART 2 - PRODUCTS Not Used y 01248102 SUMMARY OF WORK 01010 - 1 05/02 PART 3 - EXECUTION Not Used END OF SECTION 01248102 SUMMARY OF WORK 01010 - 2 OS/02 .N-� SECTION 01019 CONTRACT CONSIDERATIONS PART 1-GENERAL 1.1 SECTION INCLUDES A. Application for Payment. B. Change procedures. 1.2 RELATED SECTIONS A. Section 01300 - Submittals: Schedule of Values. B. Section 01600 - Material and Equipment: Product substitutions. 1.3 APPLICATIONS FOR PAYMENT A. Submit four copies of each application to the Engineer. B. Payment Period: As defined in Owner -Contractor agreement. C. Waiver of liens from subcontractor. 1.4 CHANGE PROCEDURES A. The Engineer will advise of minor changes in the Work not involving an adjustment to Contract Sum/Price or Contract Time. B. Execution of Change Orders: Engineer will issue Change Orders for signatures of parties as provided in the General Conditions of the Contract. C. All Change Orders must be approved and signed by Owner. Do not commence with work included in a Change Order until it has been approved and signed by the Owner. PART 2 - PRODUCTS Not Used PART 3 - EXECUTION Not Used END OF SECTION 01248102 05/02 CONTRACT CONSIDERATIONS 01019 - 1 SECTION 01025 MEASUREMENT AND PAYMENT PART 1 - GENERAL 1.1 LUMP SUM PRICE The lump sum price bid, as stated in the proposal, shall include furnishing all labor, superintendence, machinery, equipment, and materials necessary or incidental to complete the various items of work in accordance with the plans and specifications. Cost of work or materials shown on the plans or called for in the specifications and for which no separate payment is made such as, but not limited to, mobilization, clean up, and other incidentals, shall be included in the bid prices on the various items. PART 2 - PRODUCTS Not Used PART 3 - EXECUTION Not Used END OF SECTION 01248102 05/02 MEASUREMENT AND PAYMENT 01025 - 1 SECTION 01039 COORDINATION AND MEETINGS PART 1 - GENERAL 1.1 SECTION INCLUDES A. Coordination. B. Field engineering. C. Site mobilization conference. 1.2 RELATED SECTIONS A. Section 00700 General Conditions. 1.3 COORDINATION A. Coordinate scheduling, submittals, and Work of the various Sections of specifications to assure efficient and orderly sequence of installation of interdependent construction elements, with provisions for accommodating items installed later. B. Coordinate completion and clean up of Work of separate Sections in preparation for Substantial Completion and for portions of Work designated for Owner's occupancy. 1.4 FIELD ENGINEERING A. Control datum for survey is shown on Drawings. j B. Provide field engineering services. Establish elevations, lines, and levels, utilizing recognized J engineering survey practices. i 1.5 SITE MOBILIZATION CONFERENCE A. Engineer will schedule a conference at the Project site prior to Contractor occupancy. B. Attendance Required: Engineer and Contractor's Project Manager and Jobsite Superintendent. C. Agenda: 1. Use of premises by Owner and Contractor. �• 2. Owner's requirements. 3. Construction facilities and controls provided by Owner. 4. Temporary utilities provided by Owner. f 5. Survey layout. 1 6. Security and housekeeping procedures. 7. Schedules and Coordination. 8. Procedures for testing. 9. Procedures for maintaining record documents. 01248102 COORDINATION AND MEETINGS 01039 - 1 05/02 Y 1.6 BI-WEEKLY MEETINGS A. Bi-weekly meetings will be held at the work area on a day agreeable to all parties. At minimum, the meeting will be attended by the Contractor and the Engineer. The purpose of the meeting is to: 1. Review the work activity and location for the week. 2. Discuss the Contractor's personnel assignment for the week. 3. Review the previous week's activity. 4. Review the work schedule. 5. Discuss the possible problem areas and situations. PART2-PRODUCTS Not Used PART 3 - EXECUTION Not Used END OF SECTION 01248102 COORDINATION AND MEETINGS 01039 - 2 05/02 SECTION 01090 REFERENCE STANDARDS PART 1 - GENERAL 1.1 SECTION INCLUDES A. Quality assurance. B. Schedule of references. 1.2 RELATED SECTIONS A. General Conditions of the Agreement. B. Section 00805 - Supplementary General Conditions. 1.3 QUALITY ASSURANCE A. For products or workmanship specified by association, trade, or Federal Standards, comply with requirements of the standard, except when more rigid requirements are specified or are required by applicable codes. B. Conform to reference standard by date of issue current on date for receiving bids. C. Obtain copies of standards when required by Contract Documents. 1.4 SCHEDULE OF REFERENCES AASHTO American Association of State Highway and Transportation Officials 444 N. Capitol St. NW Washington, DC 70001 ACI American Concrete Institute Box 19150, Reford Station Detroit, MI 48219 API American Petroleum Institute 1220 L. St. Northwest Washington, DC 20005 ASTM American Society for Testing and Materials 1916 Race Street Philadelphia, PA 19103 CFR Code of Federal Regulations U.S. Government Printing Office Washington, DC 20402 CRSI Concrete Reinforcing Steel Institute 933 Plum Grove Road Schaumburg, IL 60195 01248102 REFERENCE STANDARDS 01090 - 1 05/02 GRI Geosynthetic Research Institution Drivel University West Wing - Rush Bldg. # 10 Philadelphia, PA 19104 NSF National Sanitation Foundation 3475 Plymouth Road P.O. Box 130140 Ann Arbor, Michigan 48113-0140 NSWMA National Solid Wastes Management Association 1730 Rhode Island Ave., N.W. Washington, DC 20036 TNRCC Texas Natural Resource Conservation Commission Box 13087 Austin, Texas 78711-3087 USCOE U.S. Corps of Engineers P.O. Box 17300 Fort Worth, Texas 76102-0300 PART2-PRODUCTS Not Used PART 3 - EXECUTION Not Used END OF SECTION 01248102 REFERENCE STANDARDS 01090 - 2 05/02 SECTION 01300 4811.]5"614" .y t PART 1-GENERAL 4 1.1 SECTION INCLUDES A. Submittal procedures. B. Resubmittal requirements. C. Construction progress schedules. D. Proposed products list. E. Proposed Equipment List F. Shop drawings. G. Product data. H. Manufacturers' instructions. I. Manufacturers' certificates. 1.2 RELATED SECTIONS A. General Conditions of the Agreement. B. Section 00805 - Supplementary General Conditions. C. Section 01400 - Quality Control: Manufacturers' field services and reports. D. Section 01700 - Contract Closeout: Contract warranty, manufacturer's certificates and closeout submittals. 1.3 SUBMITTAL PROCEDURES A. Transmit each submittal with Contractor's standard transmittal letter including Contractor's name, address and phone number. B. Identify Project, Contractor, Subcontractor or supplier; pertinent Drawing sheet and detail number(s), and specification Section number, as appropriate. C. Apply Contractor's stamp, signed or initialed certifying that review, verification of Products required, field dimensions, adjacent construction Work, and coordination of information, is in accordance with the requirements of the Work and Contract Documents. D. Schedule submittals to expedite the Project, and deliver to Engineer at his business address. Coordinate submission of related items. E. Identify variations from Contract Documents and Product or system limitations which may be detrimental to successful performance of the completed Work. F. Provide space for Contractor and Engineer review stamps. G. Distribute copies of reviewed submittals to concerned parties. Instruct parties to promptly report any inability to comply with provisions. 1.4 RESUBMITTAL REQUIREMENTS A. Revise initial submittal as required identifying all changes made since previous submittal and resubmit to meet requirements as specified. B. Mark as RESUBMITTAL. 01248102 05/02 SUBMITTALS 01300 - 1 1.5 CONSTRUCTION PROGRESS SCHEDULES A. Submit initial progress schedule in duplicate within 15 days after date established in Notice to Proceed for Engineer review. B. Revise and resubmit as required. C. Indicate submittal dates required for shop drawings, product data, samples, and product delivery dates. 1.6 PROPOSED PRODUCTS LIST A. Within 15 days after date of Notice to Proceed, submit complete list of major products proposed for use, with name of manufacturer, trade name, and model number of each product. B. For products specified only by reference standards, give manufacturer, trade name, model or catalog designation, and reference standards. 1.7 SHOP DRAWINGS A. Submit in a reproducible form. B. Submit the number of reproductions which Contractor requires, plus three copies which will be retained by Engineer. C. Drawing size shall be minimum 8 '/z x 11 inches and maximum of 24 x 36 inches. 1.8 PRODUCT DATA A. Submit the number of copies which the Contractor requires, plus three copies which will be retained by the Engineer. B. Mark each copy to identify applicable products, models, options, and other data. C. Include recommendations for application and use, compliance with specified standards of trade associations and testing agencies. D. Include notation of special coordination requirements for interfacing with adjacent work. E. After review, distribute in accordance with Article on Procedures above and provide copies for Record Documents described in Section 01700 - Contract Closeout. 1.9 MANUFACTURER'S INSTRUCTIONS A. When specified in individual specification Sections, submit manufacturers' printed instructions for delivery, storage, assembly, installation, start-up, adjusting, and finishing, in quantities specified for Product Data. B. Identify conflicts between manufacturers' instructions and Contract Documents. 1.10 MANUFACTURER'S CERTIFICATES A. When specified in individual specification Sections, submit manufacturers' certificate to Engineer for review, in quantities specified for Product Data. B. Indicate material or product conforms to or exceeds specified requirements. Submit supporting reference date, affidavits, and certifications as appropriate. C. Certificates may be recent or previous test results on material or Product, but must be acceptable to Engineer. 01248102 SUBMITTALS 01300 - 2 05/02 PART 2 - PRODUCTS Not Used PART 3 - EXECUTION Not Used 01248102 05/02 END OF SECTION SUBMITTALS 01300-3 SECTION 01400 QUALITY CONTROL PART 1 - GENERAL 1.1 SECTION INCLUDES A. Quality assurance and control of installation. B. Inspection and testing laboratory services. 1.2 RELATED SECTIONS A. General Conditions of the Agreement. B. Section 00805 - Supplementary General Conditions. C. Section 01090 - Reference Standards. D. Section 01300 - Submittals: Submission of Manufacturers' Instructions and Certificates. E. Section 01600 - Material and Equipment: Requirements for material and product quality. 1.3 QUALITY ASSURANCE/CONTROL OF INSTALLATION A. Monitor quality control over suppliers, manufacturers, Products, services, site conditions, and workmanship, to produce Work of specified quality. B. Comply fully with manufacturers' instructions, including each step in sequence. C. Should manufacturers' instructions conflict with Contract Documents, request clarification from Engineer before proceeding. D. Perform work by persons qualified to produce workmanship of specified quality. 1.4 INSPECTION AND TESTING LABORATORY SERVICES A. Contractor will perform all testing services of geomembrane liner. B. Owner will appoint, employ, and pay for services of an independent firm to perform inspection and testing if deemed necessary. C. The Contractor or the independent firm will perform inspections, tests, and other services specified in individual specification Sections and as required by the Engineer. D. Reports will be submitted by the Contractor or the independent firm to the Engineer, in triplicate, indicating observations and results of tests and indicating compliance or non-compliance with Contract Documents. E. Retesting required because of non-conformance to specified requirements shall be performed by the either the Contractor or the same independent firm on instructions by the Engineer. Payment for retesting will be charged to the Contractor. } PART 2 - PRODUCTS Not Used 01248102 QUALITY CONTROL 01400 - 1 05/02 PART 3-EXECUTION Not Used END OF SECTION 01248102 QUALITY CONTROL 01400 - 2 05/02 SECTION 01500 CONSTRUCTION FACILITIES AND TEMPORARY CONTROLS PART 1 - GENERAL 1.1 SECTION INCLUDES A. Temporary Utilities: Electricity, water, and sanitary facilities. B. Temporary Controls: Barriers, water control, protection of the Work, and security. C. Construction Facilities: Progress cleaning and removal of utilities. 1.2 RELATED SECTIONS A. General Conditions of the Agreement. B. Section 00805 - Supplementary General Conditions. C. Section 01700 - Contract Closeout: Final cleaning. 1.3 TEMPORARY ELECTRICITY A. Contractor shall contact electric company to provide service for temporary power. B. Owner will not pay cost of energy used. Exercise measures to conserve energy. C. Provide power outlets for construction operations, with branch wiring and distribution boxes located as required by Contractor's operations. Provide flexible power cords as required. D. Provide main service disconnect and overcurrent protection at convenient location in conformance with National Electrical Code. 1.4 TEMPORARY WATER SERVICE A. Contractor shall provide temporary water service for all potable purposes. A non -potable water storage pond is available adjacent to the project area. B. Exercise measures to conserve water. C. Contractor must provide a means at Contractor's expense to pump the water from the source and load water transport vehicles. 1.5 TEMPORARY SANITARY FACILITIES A. Provide and maintain required facilities and enclosures. B. Permanent building facilities shall not be used during construction operations. Maintain daily in clean and sanitary condition. 1.6 BARRIERS Provide barriers to prevent unauthorized entry to construction areas to allow for Owner's use of site, and to protect existing facilities and adjacent properties from damage from construction operations and demolition. 01248102 CONSTRUCTION FACILITIES AND TEMPORARY CONTROLS 01500 - 1 05/02 1.7 STORM WATER CONTROL A. Grade site to drain. Maintain excavations free of water. B. Protect site from puddling or running water. Provide water barriers as required to protect site from soil erosion. 1.8 PROTECTION OF INSTALLED WORK Protect installed Work and provide special protection where specified in individual specification Sections. 1.9 SECURITY Provide security and facilities to protect Work from unauthorized entry, vandalism, or theft. 1.10 PROGRESS CLEANING A. Maintain areas free of waste materials, debris, and rubbish. Maintain site in a clean and orderly condition. B. Remove waste materials, debris, and rubbish from site and dispose on existing working face at intervals as required to maintain clean site. 1.11 REMOVAL OF UTILITIES Restore existing facilities used during construction to original condition. Restore permanent facilities used during construction to specified condition. PART2-PRODUCTS Not Used PART 3 - EXECUTION Not Used END OF SECTION 01248102 CONSTRUCTION FACILITIES AND TEMPORARY CONTROLS 01500 - 2 05/02 I SECTION 01560 ENVIRONMENTAL PROTECTION PART 1 - GENERAL 1.1 REFERENCES f The publications listed below form a part of this specification to the extent referenced. The publications are referred to in the text by the basic designation only. CODE OF FEDERAL REGULATIONS (CFR) 29 CFR 1910-SUBPART G Occupational Health and Environmental Control CORPS OF ENGINEERS (COE) COE EP-1165-2-304 1976 Flood Plain Regulations for Flood Plain Management 1.2 DEFINITIONS A. Sediment Soil and other debris that have eroded and have been transported by runoff water or wind. B. Solid Waste Rubbish, debris, garbage, and other discarded solid materials resulting from industrial, commercial, and agricultural operations and from community activities. C. Rubbish Combustible and noncombustible wastes such as paper, boxes, glass, crockery, metal, lumber, cans, and bones. D. Debris 1 Combustible and noncombustible wastes such as ashes and waste materials resulting from J construction or maintenance and repair work, leaves, and tree trimmings. E. Chemical Wastes This includes salts, acids, alkalies, herbicides, pesticides, organic chemicals, and spent products which serve no purpose. F. Sanitary Wastes 1. Sewage Wastes characterized as domestic sanitary sewage. 2. Garbage Refuse and scraps resulting from preparation, cooking, dispensing, and consumption of food. G. Oily Waste Petroleum products and bituminous materials. 1.3 ENVIRONMENTAL PROTECTION REQUIREMENTS f Provide and maintain, during the life of the contract, environmental protection as defined. Plan for and provide environmental protective measures to control pollution that develops during normal construction practice. Plan for and provide environmental protective measures required to correct f 01248102 ENVIRONMENTAL PROTECTION 01560 - 1 05/02 conditions that develop during the construction of permanent or temporary environmental features associated with the project. Comply with Federal, state, and local regulations pertaining to the environment, including but not limited to water, air, and noise pollution. A. Storm Water Pollution Prevention Plan (SWPPP) Prepare and comply with SWPPP in accordance with "NPDES General Permits for Storm Water Discharges From Construction activities that are classified as 'Associated with Industrial Activity"', Federal Register, Vol. 57, No. 175, September 9, 1992. Submit SWPPP to Engineer within fifteen days after Notice to proceed. B. Preconstruction Survey Perform a preconstruction survey of the project site with the Engineer, and pollution prevention measures necessary to assess existing environmental conditions in, and adjacent to the site. PART 2-PRODUCTS Not Used PART 3 - EXECUTION 3.1 PROTECTION OF NATURAL RESOURCES Preserve the natural resources within the project boundaries and outside the limits of permanent work. Restore to an equivalent or improved condition upon completion of work. Confine construction activities to within the limits of the work indicated or specified. A. Land Resources Except in areas to be cleared, do not remove, cut, deface, injure, or destroy trees or shrubs without the Engineer's permission. Do not fasten or attach ropes, cables, or guys to existing nearby trees for anchorages unless authorized by the Engineer. Where such use of attach ropes, cables, or guys is authorized, the Contractor shall be responsible for any resultant damage. 1. Protection Protect existing trees which are to remain and which may be injured, bruised, defaced, or otherwise damaged by construction operations. Remove displaced rocks from uncleared areas. By approved excavation, remove trees with 30 percent or more of their root systems destroyed. 2. Replacement Remove trees and other landscape features scarred or damaged by equipment operations, and replace with equivalent, undamaged trees and landscape features. Obtain Engineer's approval before replacement. 3. Temporary Construction Remove traces of temporary construction facilities such as haul roads, work areas, structures, foundations of temporary structures, stockpiles of excess or waste materials, and other signs of construction. Grade temporary roads, parking areas, and similar temporarily used areas to conform with surrounding contours. B. Water Resources 1. Oily Wastes Prevent oily or other hazardous substances from entering the ground, drainage areas, or local bodies of water. Surround all temporary fuel oil or petroleum storage tanks with 01248102 ENVIRONMENTAL PROTECTION 01560 - 2 05/02 a temporary earth berm of sufficient size and strength to contain the contents of the tanks in the event of leakage or spillage. C. Fish and Wildlife Resources Do not disturb fish and wildlife. Do not alter water flows or otherwise significantly disturb the native habitat adjacent to the project and critical to the survival of fish and wildlife, except as indicated or specified. 3.2 HISTORICAL AND ARCHAEOLOGICAL RESOURCES A. Carefully protect in -place and report immediately to the Engineer historical and archaeological items or human skeletal remains discovered in the course of work. Stop work in the immediate area of the discovery until directed by the Engineer to resume work. If historical and archaeological resources such as artifacts (stone tools), features (stone walls), deposits (sea shells and charcoal stained soil), human bones and other cultural remains are encountered, stop that portion of work and notify the Engineer immediately. Within thirty-six (36) hours the Owner will determine if a change pursuant to the Contract should be issued or to direct the Contractor to proceed without change. No adjustment in contract price or completion time will be allowed for delays that do not exceed thirty-six (36) hours from the time the Contractor is notified to stop work. The . Owner retains ownership and control over historical and archaeological resources. 3.3 EROSION AND SEDIMENT CONTROL MEASURES A. Burnoff Burnoff of the ground cover is not permitted. B. Borrow Areas Manage and control borrow areas to prevent sediment from entering nearby streams or lakes. Restore areas, including those outside the borrow areas, disturbed by borrow and haul operations. Restoration includes grading, replacement of topsoil, and establishment of a permanent vegetative cover. C. Protection of Erodible Soils Immediately finish the earthwork brought to a final grade, as indicated or specified. Immediately protect the side slopes and back slopes upon completion of rough grading. Plan and conduct earthwork to minimize the duration of exposure of unprotected soils. D. Temporary Protection of Erodible Soils Mechanically retard and control the rate of runoff from the construction site. This includes construction of diversion ditches, benches, and berms to retard and divert runoff to protected drainage courses. 3.4 CONTROL AND DISPOSAL OF SOLID AND SANITARY WASTES Pick up solid wastes, and place in containers which are regularly emptied. Do not prepare, cook, or dispose of food on the project site. Prevent contamination of the site of other areas when handling and disposing of wastes. On completion, leave the areas clean. Control and dispose of waste. A. Disposal of Rubbish and Debris Dispose of rubbish and debris in accordance with the requirements specified in area as directed by Owner. Rubbish may be disposed of in current landfill provided all rules for disposal are followed. 01248102 ENVIRONMENTAL PROTECTION 01560 - 3 l 05/02 B. Garbage Disposal Place garbage in approved containers, and move to a pickup point or disposal area, where directed. 3.5 DUST CONTROL Contractor will be fully responsible for dust control along all haul roads and in the project area. Keep dust down at all times, including during nonworking periods. Sprinkle or treat, with dust suppressants, the soil at the site, haul roads, and other areas disturbed by operations. END OF SECTION 01248102 ENVIRONMENTAL PROTECTION 01560 - 4 05/02 ".kAt, i9 SECTION 01600 MATERIAL AND EQUIPMENT PART 1 - GENERAL 1.1 SECTION INCLUDES A. Products. B. Transportation and handling. C. Storage and protection. D. Product options. 1.2 RELATED SECTIONS A. General Conditions of the Agreement. B. Section 00805 - Supplementary General Conditions. C. Section 01400 - Quality Control: Product quality monitoring. 1.3 PRODUCTS Products mean new material, components, and systems forming the Work. Does not include machinery and equipment used for preparation, fabrication, conveying and erection of the Work. 1.4 PRODUCT DELIVERY, STORAGE AND HANDLING A. Delivery 1. Deliver materials, products and equipment to the project site in undamaged condition in manufacturer's original, unopened containers or packaging, with identifying labels intact and legible. 2. Promptly inspect shipments to assure that products comply with requirements, quantities are correct, and products are undamaged. 3. Provide equipment and personnel to handle products by methods to prevent soiling, disfigurement, or damage. 4. Arrange deliveries in accordance with the construction schedule and in ample time to facilitate inspection prior to installation to avoid unnecessary delays in the construction J process. B. Storage 1. Store and protect products in accordance with manufacturer's instructions, with seals and labels intact and legible. Store sensitive products in weather -tight, climate controlled enclosures. 2. For exterior storage of fabricated products, place on sloped supports, above ground. 3. Provide off -site storage and protection when site does not permit on -site storage or protection. 4. Cover products subject to deterioration with impervious sheet covering. Provide ventilation to avoid condensation. 5. Store loose granular materials on solid flat surfaces in a well -drained area. Provide cover Y to stockpile to prevent windblown contaminants from mixing with the stockpile. f Granular materials shall not be stored on bare ground or asphalt surfaces. 01248102 MATERIAL AND EQUIPMENT 01600 - 1 05/02 >Y C. Handling 1. Handle materials, products and equipment in a manner prescribed by manufacturer or specified to protect from damage during storage and installation. 1.5 PRODUCT OPTIONS Products Specified by Reference Standards or by Description Only: Any product meeting those standards or description. 1.6 EQUIPMENT LIST Submit in accordance with Section 01300 Submittals. PART 2 - PRODUCTS Not Used PART 3 - EXECUTION Not Used END OF SECTION 01248102 MATERIAL AND EQUIPMENT 01600 - 2 05/02 SECTION 01700 CONTRACT CLOSEOUT PART 1 - GENERAL 1.1 SECTION INCLUDES A. Closeout procedures. B. Final cleaning. C. Project record documents. D. Warranties. 1.2 RELATED SECTIONS Section 01500 - Construction Facilities and Temporary Controls: Progress cleaning. 1.3 CLOSEOUT PROCEDURES A. Submit written certification that Contract Documents have been reviewed, Work has been inspected, and that Work is complete in accordance with Contract Documents and ready for Engineer's inspection. B. Provide submittals to Engineer that are required by governing or other authorities. C. Submit final Application for Payment identifying total adjusted Contract Sum, previous payments, and sum remaining due. 1.4 FINAL CLEANING A. Execute final cleaning prior to final inspection. B. Remove waste and surplus materials, rubbish, and construction facilities as directed by Engineer. 1.5 PROJECT RECORD DOCUMENTS A. Maintain on site, one set of the following record documents; record actual revisions to the Work: 1. Contract Drawings. 2. Specifications. 3. Addenda. 4. Change Orders and other Modifications to the Contract. 5. Reviewed shop drawings, product data, and samples. B. Store Record Documents separate from documents used for construction. C. Record information concurrent with construction progress. D. Submit documents to Engineer with claim for final Application for Payment. 01248102 CONTRACT CLOSEOUT 01700 - 1 05/02 1.6 WARRANTIES A. Provide duplicate notarized copies. B. Execute and assemble documents from Subcontractors, suppliers, and manufacturers. C. Submit prior to final Application for Payment. PART2-PRODUCTS Not Used PART 3 - EXECUTION Not Used END OF SECTION k�. 01248102 CONTRACT CLOSEOUT 01700 - 2 05/02 SECTION 02100 SITE PREPARATION PART 1 - GENERAL 1.1 RELATED DOCUMENTS A. Drawings and general provisions of the Contract, including General and Supplementary Conditions and Division 1 Specification Sections, apply to this section. 1.2 SUMMARY A. The work outlined in this section consists of all work required to prepare the site to begin excavation and grading work. It includes removal of all existing miscellaneous structures, fences, pavement or any subsurface structures including slabs, foundation walls and footings or septic tanks. 1.3 RELATED WORK A. Section 02223 Excavation, Grading and Subgrade Preparation. 1.4 PROTECTION A. Reference Points: Protect and maintain all bench marks, monuments and reference points. Replace if disturbed or destroyed. If found at variance with the drawings, notify the Engineer before proceeding with layout work. B. Utilities: 1. Active utilities shall be protected from damage and removed or relocated only as indicated or specified. Where active utilities are encountered but are not shown on drawings, the Engineer shall be advised. 2. The Contractor shall notify Utility Owners for actual location of utilities. The Contractor is responsible for locating and protecting all utilities. Utilities shown on the drawings are based on the available information. 3. The Contractor shall maintain utility service to the existing buildings throughout construction. Any utility interruption must be approved by and coordinated with the utility Owner. PART 2 - MATERIALS NOT USED 01248102 05/02 SITE PREPARATION 02100 - 1 PART 3 - INSTALLATION 3.1 LAYOUT OF WORK A. Prior to commencing grading operations, the Contractor shall stake out all proposed work to define limits of new construction. Where new grades tie into existing grades, existing grades shall be verified. The layout work shall be done under the supervision of a registered land surveyor, whose services shall be paid for by the Contractor. B. Stake building and site improvements relative to reference lines, property lines, easements, or right-of-way. Location of manholes, fire hydrants, valves, and other miscellaneous structures shall be located relative to buildings and other structures as shown on the drawings. 3.2 CLEARING A. General: 1. Clearing shall consist of the disposal of all trees not removed by the Owner and other vegetation designated for removal, rubbish occurring within the areas to be graded or constructed upon. Trees, stumps, roots, brush, and other vegetation in areas to be cleared shall be cut off flush with or below the original ground surface, except such trees and vegetation as may be indicated or directed to be left standing. Trees that are to remain shall be protected by barricade as detailed in the plans. Clearing operations shall be conducted so as to prevent damage by falling trees to trees left standing, to existing structures and installation, and to those under construction, and so as to provide for the safety of employees and others. 2. Clean site of broken concrete, stones, bricks, glass, and other debris, and haul away from site. B. Disposal: 1. All materials removed shall be disposed of at locations approved by the Engineer. 2. Locating off -site disposal areas shall be the responsibility of the Contractor. 3.3 GRUBBING A. General: 1. Grubbing shall consist of the removal and disposal of stumps, roots larger than three inches in diameter, and matted roots from the areas to be cleared. This material, together with logs and other organic or metallic debris not suitable for foundation purposes, shall be excavated and removed to a depth of not less than 18 inches below the original surface level of the ground in embankment areas and not less than two feet below the finished earth surface in excavated areas. Depressions made by grubbing shall be filled with suitable material and compacted to make the surface conform with the original adjacent surface of the ground. 3.4 STRIPPING AND DISTRIBUTION OF TOPSOIL A. General: 1. Remove topsoil to its entire depth from areas within lines 10' outside of foundation walls of buildings and from areas to be occupied by walks, steps, paving, and cut and fill areas. Pile topsoil in designated or approved locations where it will not interfere with building or utility operations. Areas to be stripped shall first be scraped clean of all brush, weeds, grass, roots, and other material that will interfere with lawn maintenance. Topsoil shall 01248102 SITE PREPARATION 02100 - 2 05/02 be raked clean and be reasonably free from subsoil, debris and stones larger than 2" in diameter. 2. All topsoil and excess site or excavated material shall remain the property of the Owner. END OF SECTION 01248102 SITE PREPARATION 02100 - 3 05/02 SECTION 02223 EXCAVATION, GRADING AND SUBGRADE PREPARATION PART 1 - GENERAL 1.1 SCOPE A. This section covers all excavation, filling, and grading in connection with paving the areas designated, including excavation, filling and grading for paving, curbs and gutters, transitions between curbs and property lines, slabs on grade, and other miscellaneous items in accordance with the typical cross section. Excavation, filling and grading shall conform to the lines and grades as shown on the plans. The Contractor shall furnish all materials, equipment, tools, labor, superintendence and incidentals necessary to complete the work in accordance with the drawings and as specified herein. 1.2 EXCAVATION A. General Excavation will consist of removing all material (including vegetation, old pavement, curb and gutter, concrete patching, etc.) from areas where subgrade or finished grade is below existing ground. Suitable excavated material from cut areas may be disposed of in filling areas between the back of curb and property line, at ends of paving sections requiring fill to provide proper drainage, or the area being reconstructed, as directed by the Engineer. The material shall be deposited in uniform layers, and after completion of the excavation, all fill areas shall be bladed and graded to a uniform depth and appearance. Excess excavated material not required, or otherwise unsuitable, for making the fills mentioned above shall be disposed of by the Contractor, as directed by the Engineer, in approved waste areas. B. Existing Pavement, Curbs, Gutters, Sidewalks, Etc. All existing pavement, concrete, culverts, trees, grass or other organic materials which are removed as excavation shall be classified as waste material and shall not be incorporated in fills unless specific direction to do so is given by the Engineer. Waste material shall be disposed of at Contractor's expense. C. Finishing All excavation shall be to the lines and grades as shown on the plans. Any excavation below such grade, and the consequent filling to the established grade, shall be done at the expense of the Contractor. Excavation between the project and property line, or other transition areas, shall be finished neatly to the lines and grades shown on the plans or established by the Engineer. D. Damage to Existing Pavement, Curbs, Utilities, Etc. Care shall be taken in all excavation work to avoid damage to existing pavement, curbs, electric cables, water lines, gas lines, manholes and other such installations. In case a change in the location of such installations is required, the Contractor shall notify the Engineer immediately. It shall be the responsibility of the Contractor to give notification of commencement of work at least twenty-four (24) hours before actually starting excavation. 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. 01248102 EXCAVATION, GRADING AND SUBGRADE PREPARATION 02223 - 1 05102 1.3 FILLING A. General Fills shall be constructed to the lines and grades as shown on the plans or as directed by the Engineer, in approximately horizontal layers. Only suitable material, approved by the Engineer, shall be placed as fill. The existing surface on which fill is to be placed shall be scarified to a depth of approximately three inches prior to the placement of any fill material, in order to bond the fill to the existing surface. Any unsuitable subgrade materials below the finished subgrade excavation shall be removed and replaced with suitable materials. 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 optimum moisture content. The material shall then be spread in a uniform layer not exceeding six (6) inches and compacted with an approved pneumatic roller. Rolling shall commence at the sides and proceed to the middle, with each pass of the roller overlapping the preceding one by one-half the width of the roller, and shall continue until the material is thoroughly compacted. Additional water shall be added to maintain optimum conditions during the compaction, if required. If the material contains excess moisture from rain or other sources, rolling shall be deferred until optimum conditions are reached. Succeeding layers shall be placed in a like manner. If a "crust" has formed on any layer before the succeeding layer is placed, this surface shall be scarified before additional fill material is placed on it. Material in soft places which develop under compaction shall be removed and replaced with other, acceptable, material so that uniform density is obtained throughout the fill. Areas not accessible to rolling equipment shall be compacted by hand tamping or other approved methods to a density equal to that of the remainder of the work. The material shall be compacted to 95% of maximum density, at optimum moisture, as determined by ASTM D 698 Method B. 1.4 SUBGRADE FINISHING A. The subgrade shall be finished accurately to the lines, grades and cross sections as shown on the plans or as established in the field. Subgrade in cut areas shall be brought to grade by blading or hand grading. The surface shall be compacted with an approved pneumatic roller followed by an approved three wheel roller until it presents a uniform compacted appearance. Subgrade in fill areas shall be compacted with an approved pneumatic roller. The final rolling of the last layer deposited shall be followed by blading and rolling with the three wheel roller as described above. The entire subgrade area shall be compacted to 95% of maximum density, at optimum moisture, as determined by ASTM D 698. Areas inaccessible to rolling shall be compacted by other approved methods to produce the same compaction. Moisture shall be maintained in the material, by sprinkling as required, during this operation. Warped sections 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 with a straightedge in both the lateral and longitudinal directions. A satisfactory straightedge shall be furnished by the Contractor if required. Variations of more than one-half. (1/2) inch from true grade or from true cross section shall be corrected by loosening, adding or removing material, reshaping and recompacting the area affected. "Blue tops" set to finished 01248102 EXCAVATION, GRADING AND SUBGRADE PREPARATION 02223 - 2 05/02 subgrade elevations shall be set in areas where the elevations cannot be checked as stated above. 1 1.5 ROLLING EQUIPMENT A. Pneumatic Rollers l Pneumatic rollers shall consist of not less than nine pneumatic -tired wheels, running on two axles in such a manner that the rear group of tires will not follow in the tracks of the forward group and shall be mounted in a rigid frame and provided with a loading platform or body suitable for ballast loading. The front axle shall rotate around a king pin so located so that the roller may be turned within a minimum circle. The roller, under working conditions, shall have an effective rolling width of approximately sixty (60) inches and shall give a minimum compression of three hundred twenty-five (325) pounds per inch of width of tire tread. The roller shall be of the self-propelled type. B. Three Wheel Roller This roller shall be a three wheel self-propelled type, weighing not less than ten (10) tons and J� shall provide a compression on the rear wheels of not less than three hundred twenty-five (325) pounds per linear inch of width. The rear wheels shall be flat, shall have a diameter of not less l than forty-eight (48) inches and shall have a width of not less than 20 inches. PART 2 - PRODUCTS (Not Applicable) PART 3 - EXECUTION (Not Applicable) END OF SECTION i 01248102 EXCAVATION, GRADING AND SUBGRADE PREPARATION 02223 - 3 05/02 SECTION 02231 FLEXIBLE BASE PART 1 - GENERAL 1.1 SCOPE A. This section covers excavating, crushing, hauling, and spreading base material and wetting, compacting and shaping it to form a flexible base course foF paving, to the lines, grades and typical cross sections shown on the plans, and as specified herein. The Contractor shall j furnish all materials, equipment, tools, labor and superintendence and incidentals necessary to complete the work. 1.2 BASE MATERIAL A. The base material shall consist of argillaceous limestone, calcareous or calcareous clay particles, with or without stone, conglomerate, gravel, sand or other granular materials. Materials for use in constructing the base course shall be furnished by the Contractor from a source approved by the Owner. The Contractor shall be responsible for locating the source of caliche, securing approval of the source, and for making arrangements with the owner of the property, on which the pit is located, for use of the material. The pits shall be stripped of all unacceptable material and the stripping shall be disposed of in a manner agreeable to the owner of the property on which the pit is located. The pits shall be opened so as to immediately expose the vertical faces of all of the various strata of acceptable material. Unless otherwise directed, the material shall be secured in successive vertical cuts extending through all of the exposed strata. Any incidental costs, including securing, stripping, or crushing the base material, shall be paid for by the Contractor and shall be included in the bid price. 1.3 MATERIAL TESTS A. Contractor will provide all preconstruction testing of material to verify it meets the requirements of 2. LA and 2. LB below. Material shall not be shipped until such results have been examined and approved by the Owner. PART2-PRODUCTS 2.1 CALICHE MATERIAL All acceptable material shall be screened and the oversized material crushed and returned to the screened material in such a manner that a uniform material is produced. The processed base material, when properly slaked and tested by the Texas Department of Transportation (TxDOT) standard laboratory methods, shall meet the following requirements: A. Sieve Analysis Retained on 1-3/4" Sieve 0% Retained on No. 4 Sieve 45 to 75% Retained on No. 40 Sieve 50 to 85% Retained on No. 200 Sieve 85 to 100% 01248102 FLEXIBLE BASE 02231 - 1 05/02 B. Soil Binder The material passing the No. 40 sieve shall be known as soil binder and shall meet the following requirements when prepared in accordance with Test Method TEX-101-E procedure: The liquid limit shall not exceed 45 The plasticity index shall not exceed 12 The linear shrinkage shall not exceed 8.5 PART 3 - EXECUTION 3.1 HAULING AND PLACING A. Prior to placing any base material, the subgrade shall be shaped, wetted, rolled and compacted to the cross sections and grades specified in accordance with the specification Section 02223 "Excavation, Grading and Subgrade Preparation." B. Flexible base shall be constructed in one course. The material shall be delivered in approved vehicles of uniform capacity, and it shall be the responsibility of the Contractor to supply the amount of material required to construction the base course to the thickness shown on the plans. Spreading and shaping shall be done in a manner which will thoroughly nix the material and prevent segregation. Sprinkling during this process will be required if necessary to prevent segregation. When shaping is completed the material shall be uniformly well graded and of the proper thickness. Material deposited upon the subgrade shall be spread and shaped the same day. In the event inclement weather or other unforeseen circumstances renders impractical the spreading of the material during the day in which it is deposited, the material shall be scarified, mixed and spread as directed by the Owner. All areas and nests of segregated coarse of fine materials shall be corrected and removed or replaced with well graded material If additional or corrective binder is required, it shall be furnished and applied in the amount directed by the Owner. Such binder material shall be carefully and evenly incorporated with the material in place by scarifying, harrowing, or other approved method. 3.2 COMPACTING AND FINISHING A. After the material has been properly spread, it shall be sprinkled, rolled and bladed until thoroughly compacted. During the process of compaction, water shall be applied in such a manner as to maintain optimum moisture in the material and the base course shall be bladed sufficiently to insure a uniform distribution of base materials and a smooth uniform surface, true to section and grades established, after final compaction. Compaction shall be accomplished by rolling with pneumatic and steel wheeled rollers as approved by the Owner. In areas not accessible to the roller, the base material shall be compacted with mechanical tampers or other approved methods to secure uniform compaction over the entire paved area. Throughout the entire operation, the shape of the base course shall be maintained by blading; blading and rolling shall continue until the course is thoroughly compacted and the surface is smooth and in conformity with the typical sections shown on the plans and to the lines and grades established. The material shall be compacted to 95% of maximum density, at optimum moisture, as determined by the ASTM D 698 Method B or D. 01248102 FLEXIBLE BASE 02231 - 2 05/02 3.3 IRREGULARITIES, DEPRESSIONS OR WEAK SPOTS A. All irregularities, depressions or weak spots which develop during compaction shall be corrected immediately by scarifying the areas affected, adding or removing material as required, reshaping and recompacting by sprinkling and rolling. Immediately prior to placing of surfacing, the base shall be checked for grade and cross section, and any deviation in excess of three -eights (3/8) inch from grade or true cross section shall be corrected. 'Blue tops" set to finished base elevations shall be set by the Contractor, in order to check the base for proper grade and elevation. 3.4 MAINTENANCE A. If the base course is opened to traffic before application of the surfacing, the base shall be satisfactorily maintained by wetting, blading and rolling until the wearing surface is placed thereon. 01248102 05/02 END OF SECTION FLEXIBLE BASE 02231 - 3 SECTION 02250 STORM DRAIN PIPING PART 1 - GENERAL 1.1 WORK INCLUDED A. This section of the specifications covers all piping, manholes and accessories required for the storm drain portion of the project. All materials used in construction of storm drain shall be of the type and class as shown on the plans and as specified herein for the various items of construction. 1.2 RELATED SECTIONS A. General Conditions B. Supplementary Conditions C. Section 01010, Coordination D. Section 01300, Submittals 1.3 MATERIAL SCHEDULE A. Unless otherwise shown on the plans or specified herein, piping shall be "approved type pipe". Approved type pipe shall be the following: B. Flexible Pipe Materials: Corrugated Polyethylene (PE) Tubing and Fittings, ASTM F405 and ASTM F667. Polyvinyl Chloride (PVC, ASTM D3034). PART 2 - MATERIALS 2.1 CORRUGATED POLYETHYLENE (PE) PIPE A. Pipe All pipe shall have smooth inner wall and perform equal to Advance Drainage Systems, Inc. N-12 pipe. 1. Perforated Pipe PE pipe shall conform to the requirements of ASTM F405 (3" through 6" diameters). 2. Solid Wall PE pipe shall conform to the requirements of ASTM F667 (8" through 24" diameters). B. Fittings Fittings shall be manufactured by the manufacturer of pipe and recommended for use by the manufacturer for the pipe and application. 01248102 05102 STORM DRAIN PIPING 02250 - 1 2.2 SOIL EMBEDMENT MATERIAL Material shall be obtained from trench excavation provided it meets the requirements of Class III bedding as defined in ASTM D2321. The material shall be a soil group SC or SM and meet the following requirements. A. Gradation Sieve Size Percent Passing 1 V2" 100% No. 4 50% No. 200 12% to 50% B. Atterberg Limits: 1. SC Soil, PI > 7 2. SM Soil, PI > 4 2.3 MANHOLE FRAMES AND COVERS A. Manhole frames and covers shall be of cast iron of the types shown on the drawings. All castings shall be made from superior quality gray cast iron conforming to the requirements of ASTM A 48. Drawings of all manhole frames and covers proposed for use shall be submitted to the Engineer for approval before items are shipped. 2.4 AREA DRAINS A. Area drains shall have cast iron grates and a watertight connection to drain piping. PART 3 - EXECUTION 3.1 GENERAL A. All pipe and fittings shall be unloaded, handled, laid, jointed and tested for defects in the manner herein specified. 3.2 INSPECTION A. The pipe and fittings shall be inspected upon delivery and during the progress of the work and any material found to be defective will be rejected and the Contractor shall remove such defective material from the site of the work. B. The Contractor shall be responsible for all materials furnished by him and he shall replace at his own expense all such material that is found to be defective in manufacture or has been damaged in handling after delivery. 3.3 PIPE TRENCH EXCAVATION A. The minimum width of the trench shall be the outside diameter of the pipe plus twelve (12) inches and the maximum width shall be the outside diameter of the pipe plus eighteen (18) inches. The trenching equipment shall be maintained on a sufficiently level road bed to provide substantially vertical trench walls. 01248102 STORM DRAIN PIPING 02250 - 2 05/02 B. In order to obtain a true even grade, the trench shall be fine graded by hand. Any part of the trench excavated below grade shall be corrected by filling with approved material and thoroughly compacting. If clay, rock or other unyielding material is encountered in bottom of the trench, it shall be removed to a depth of six (6) inches below grade, refilled with selected material and thoroughly compacted to grade. C. Bell holes of ample dimensions shall be dug at each joint to permit the jointing and bedding of the pipe to be properly accomplished. D. Before the next phase of construction can take place above the trench bottom which has been excavated to the proposed subgrade of the specified class of bedding, the Contractor shall shape and grade earth subgrade. The earth subgrade for the bedding shall be free of surface water, firm, solid and stable before the rock embedment material is placed. 3.4 PIPE LAYING IN TRENCH A. After the trench has been properly fine graded, the pipe shall be laid in accordance with the following specifications. Each length of pipe shall be inspected for defects and shall be thoroughly cleaned inside and outside of the spigot before being lowered into the trench. Pipe laying shall proceed up grade with the spigot ends pointing in the direction of the flow. All pipe shall be laid true to the lines and grades as established by the drawings using common surveying methods to control the grade of each joint of pipe. Bell holes shall be dug at each joint of sufficient depth to allow the entire length of the barrel of the pipe to rest on the trench floor and to allow ample space for properly jointing the pipe. B. Installation and jointing of the pipe shall be in accordance with the manufacturer's recommendations except where the requirements of these specifications are more strict. C. The jointing shall be completed for all pipe laid each day, in order not to leave open joints in the trench overnight. At times when pipe laying is not in progress, the open ends of the pipe shall be plugged by approved means. No pipe shall` be laid in water, or when trench conditions or weather is unsuitable for such work. D. If water gets in the trench before the joint is completed, or if the pipe is disturbed from line and grade after being laid, the pipe shall be taken up, the joints cleaned and the pipe relaid. 3.5 BACKFILLING A. General As soon as practicable after laying and jointing of the pipe, the completion of bedding, and the completion of structures, the trench shall be backfilled in accordance with these specifications. B. Backfill Material All backfill material shall be free from cinders, ashes, refuse, vegetable or organic material, boulders, rocks or stones, or other unsuitable material. From 1 foot above the top of the pipe to the existing ground, however, material containing stones up to 4 inches in their greatest dimension may be used. Selected materials from trench excavations shall be used for backfilling except where special bedding material is required. C. Backfilling Under Pipe All pipe shall be backfilled by hand from the top of rock embedment to the centerline of the pipe with selected backfill material free from rocks, boulders or other unsuitable material. The material shall be placed in 3-inch layers, moistened if necessary, and thoroughly compacted under and on each side of the pipe. Backfill material shall be deposited in the trench for its full width on each side of the pipe, fitting, and appurtenances simultaneously. 01248102 STORM DRAIN PIPING 02250 - 3 05/02 D. Backfilling Over Pipe From the centerline of the pipe or top of rock embedment to a depth of 1 foot above the top of the pipe, the trench shall be backfilled by hand or by approved mechanical methods using materials free from rocks or boulders. The material shall be moistened and placed in lifts not exceeding 6 inches in thickness and compacted by tamping to a density of not less than 95% of maximum density at optimum moisture as determined by ASTM D 698. The Contractor shall use special care in placing this portion of the backfill to insure placement under and around the pipe and to avoid injuring or moving the pipe. E. Backfilling to Grade From 1 foot above the top of the pipe to finish grade shall be backfilled by jetting or tamping. Jetting shall be used except for trenches located beneath athletic event pads or runways, beneath structures or other areas designated on the plans which will require tamped backfill. Jetting shall be done by filling the trench with the backfill material and jetting the fill with hose and long pipe nozzles. The nozzles shall be forced down to the top of the pipe at sufficient intervals to thoroughly wet and settle all backfill material in the entire trench. Jetting shall be done using a tank truck equipped with a pump which will apply pressure to the jetting nozzle, or other method approved by the Engineer. Where tamping is required, the material shall be placed in 8-inch layers, moistened if necessary, and thoroughly compacted with mechanical tampers from the bottom of the trench to the finish grade to a density of at least 95% of maximum density at optimum moisture as determined by ASTM D698. PVC pipe shall be backfilled to a minimum of 6 inches above the top of the pipe with Rock Embedment Material. The haunching and initial backfill shall be placed in lifts not exceeding 6 inches in thickness and thoroughly consolidated by tamping. Particular care shall be taken to insure proper placement and compaction of the haunching material. From 6 inches above the top of the pipe to finish grade shall be backfilled in lifts not exceeding 8 inches in thickness. Each lift shall be compacted to a density of not less than 95% of maximum density at optimum moisture as determined by ASTM D 698. 3.6 CLEAN UP A. After the construction work is completed and before final acceptance by the Owner, the Contractor shall remove all rubbish, excess materials from excavations and other debris from the site of the work, and all trench surfaces shall be bladed and all depressions caused by settlement shall be filled. The cost of cleanup shall be included in the bid prices for the various units of work. END OF SECTION 01248102 STORM DRAIN PIPING 02250 - 4 05/02 SECTION 02260 2,000 GALLON SAND/OIL INTERCEPTOR PART 1 - GENERAL 1.1 APPROVED MANUFACTURERS A. Precast sand/oil interceptors are to be manufactured by a firm which has a minimum of 5 years successful experience in fabrication of precast concrete units such as those required on this project. Precast sandloil interceptors are to be manufactured by Vaughn Concrete Products, Inc., Amarillo, TX, 79108, (806) 374-3747 or a pre -approved comparable manufacturer. For pre -approval, all other manufacturers must present complete shop drawings and submittals for verification of compliance with design criteria along with a list of several completed projects using similar type products. The list of completed projects shall include project name, location, type and size of precast structure provided and a contact name with a phone number of an individual familiar with the project. This must be provided to the design engineer at least 21 days prior to project bid date. A full five days must be given to the design engineer for submittal review. Supplier approval must be obtained 14 days prior to bid opening. No late approvals will be allowed. A plant inspection will (may) also be required for production facility and similar product inspection and to review record -keeping for material certification verification. The submittal information must be supplied in accordance with requirements of the project specifications and must address compliance with the items listed in Part 2 of this Section. PART 2 - MATERIALS 2.1 GENERAL A. Precast sand/oil interceptors shall be designed and manufactured in accordance with the requirements of ASTM C-857 and C-858, latest revision. The precast manufacturer shall submit shop drawings, structural design calculations performed by a registered engineer and material certifications as follows to verify all products used in manufacturing meet the design requirements. Reinforcing Bars ........................ASTM A-615 or A-706 i Aggregates.................................ASTM C-33 j Cement.......................................ASTM C-150 ` Joint Sealant...............................ASTM C-990 i B. Production of precast units shall not begin until the design engineer and/or purchaser review(s) and approves all submittals. Compressive strength test results for the precast units must be supplied prior to their delivery to verify that the strength requirements were met. The compressive strength tests must be done in accordance with ASTM C-39. C. Specific Requirements: 1. Interior: a. Width = 6' b. Length = 12' C. Height = 5'-2" 01248102 2,000 GALLON SAND/OIL. INTERCEPTOR 02260 - 1 05/02 2. Inlet Pipe = 8" 3. Outlet Pipe = No exit 4. Loading requirements = heavy traffic PART 3 - EXECUTION 3.1 GENERAL A. Sand/oil interceptor shall be unloaded, handled and free of defects when delivered on site. 3.2 INSTALLATION A. Sand/oil interceptor shall be installed to the grades and location specified in the Project Plans. B. Backfill area around, beneath and above sand/oil interceptor to 95% density using ASTM Method 698. END OF SECTION 01248102 2,000 GALLON SAND/OIL INTERCEPTOR 02260 - 2 05/02 SECTION 02510 PAVING AND SURFACING PART 1 - GENERAL 1.1 SCOPE A. This section covers the requirements for constructing a concrete pavement surface and an asphaltic concrete surface on a prepared base course in the locations and in conformity with the sections shown on the plans, as specified herein, or as directed by the Owner. The Contractor shall furnish all materials, labor, superintendence and incidentals necessary to complete the work in accordance with the drawings and as specified herein. 0�61211UZR"— IJ A. Asphaltic concrete surfacing shall consist of a mixture composed of mineral aggregate and asphaltic material, mixed and applied while hot, placed on a previously completed base course. All methods employed in performing the work and all equipment, plant and machinery used for handling materials and executing any part of the work shall be subject to the approval of the Owner before the work is started. Equipment, tools, machinery and plant shall be maintained in first class condition, and whenever found unsatisfactory shall be changed or improved as required. PART 2 - PRODUCTS 2.1 ASPHALTIC SURFACE COURSE A. Asphaltic concrete surface course shall be composed of mineral aggregate and bituminous material shall produce a mixture which, when designed and tested in accordance with these specifications and methods outlined in the Chapter III, "Marshall Method of Mix Design", Mix Design Methods for Asphalt Cement, Asphalt Institute Manual MS-2, shall meet the following requirements when tested in accordance with ASTM D 1559 and ASTM D 3203: Stability...................................1,300 lbs. minimum Flow........................................0.08 to 0.16 inches Air Voids.................................3 to 5 percent The paving mixture shall be composed of a uniform mixture of coarse aggregate, fine aggregate, mineral filler, and asphaltic cement. The material forming the mixture shall be proportioned by weight. The grading of each constituent shall be such as to produce, when proportioned, a mixture conforming to the limitations for grading as shown below. 1. Light Duty Wearing Surface, Type D Mix, TxDOT Item 340. The asphalt material shall form approximately 6 percent of the mixture by weight. The thickness of the asphaltic concrete shall be as shown on the drawings. 01248102 PAVING AND SURFACING 02510 - 1 05/02 B. Coarse Aggregate Coarse aggregate shall be that part of the aggregate retained on a No. 10 mesh sieve and shall consist of clean, tough, durable fragments of stone or gravel of uniform quality throughout. It shall be free from dirt, organic or other injurious matter occurring either free or as a coating on the aggregate. The rock from which the aggregate is produced shall have a percentage wear of not more than thirty-five (35) when subjected to the Los Angeles Abrasion Test AASHTO Designation; T-96. C. Fine Aggregate The fine aggregate shall be that part of the aggregate passing the No. 10 mesh sieve and shall consist of sand or stone screenings or a combination thereof. Sand shall be composed of sound, durable particles free from loam, coating or other deleterious substances. Screenings shall be of the same or similar materials as specified for coarse aggregate. That portion of the fine aggregate including any blended filler, passing a No. 40 mesh sieve shall have a plasticity index of not more than 6, as determined by AASHTO Designation: T-90, and a liquid limit of not more than 25 as determined by AASHTO Designation; T-89. D. Mineral Filler The mineral filler shall consist of thoroughly dry stone dust, slate dust, Portland cement or other mineral dust approved by the Owner. It shall be free form injurious materials and shall meet the following grading requirements: Passing No. 30 sieve ...................................... 95 - 100% Passing No. 80 sieve, not less than ................ 75% Passing No. 200 sieve, not less than .............. 55% E. Asphaltic Cement Asphaltic cement for the hot mix asphaltic concrete shall be homogenous, free of water and shall not foam when heated to 347 degrees F. In addition, it shall meet the specifications of Viscosity Grade AC-10 Asphalt cement as specified in 1993 Texas State Department of Highways and Public Transportation specifications. F. Prime Coat and Tack Coat The asphalts for the prime coat and tack coat shall be cutback asphalts of the rapid curing type or the medium curing type, as directed by the Owner. The asphalts used shall meet 1993 Texas State Department of Highways and Public Transportation Specifications. The prime coat shall be MC-30 and the tack coat shall be RC-250. Neither the prime coat nor the tack coat shall be applied when the air temperature is below 501 F. and falling, but may be applied when the air temperature is 40' F. and is rising. No prime coat or tack coat shall be applied when the general weather conditions, in the opinion of the Owner, are not suitable. G. Concrete Pavement The specifications for the concrete pavement material are: 1. Portland cement shall conform to the requirements of ASTM specifications C 150. The concrete shall have a minimum compressive strength of 4000 psi at the end of 28 days. 2. Reinforcing steel and dowels shall conform to the requirements of ASTM specifications A615 and shall be of grade 60. 3. Concrete shall also contain fibrillated polypropylene fibers as specified in this document. 01248102 PAVING AND SURFACING 02510 - 2 05/02 4. The amount of entrained air shall be as follows: Maximum Agaregate Inches Entrained Air % 1-1/2 5%fl% 3/4, 1 6%fl% 3/8, 1/2 7-1/2%fl% 5. The water -cement ratio shall not exceed 0.50 and a minimum cement factor of 564 lbs./cubic yard. 6. Welded wire reinforcing shall conform to the requirements of ASTM specifications A185. 7. Poured sealer for joints shall conform to the requirements of ASTM D994. 8. Preformed fillers shall conform to the requirements of ASTM D994. 9. The base material for concrete pavement shall be flexible base (Section 02231). H. Tests The Contractor shall furnish test certificates made by a competent commercial laboratory on each material source, as specified in this section, which he proposes to use before any such material is ordered or shipped. No material may be used until such test result certificates have been examined by the Owner and the source and quality of the material approved. The asphaltic concrete mix design proposed for the project shall be approved by the Owner before laying. The cost of all preconstruction tests shall be borne by the Contractor. Additional test certificates shall be furnished on the aggregate if the material source is changed. PART 3 - EXECUTION 3.1 EQUIPMENT A. All equipment used in the construction of the asphaltic concrete surfacing shall meet the approval of the Owner and be maintained in first class condition throughout the period of construction. B. The asphalt distributor shall be an approved type, self-propelled pressure distributor, so constructed and operated as to distribute the material evenly and smoothly in the quantity specified or directed. Suitable means for heating, controlling the heat, determining the temperature of the contents of the tank, adjusting and controlling the rate of application and for measuring volume of asphalt shall be provided. The distributor shall be calibrated prior to application of any material under these specifications or a certificate of calibration, satisfactory to the Owner, shall be supplied by the Contractor. C. Trucks in which the material is hauled from the plant to the point of deposition, shall be tight to the material transported and so constructed that the entire load may be quickly dumped at the point of deposition. Trucks shall be clean of all foreign materials and maintained in a satisfactory condition. D. The spreading and finishing machine shall be of an approved type which will spread the material in a uniform layer of such depth that after receiving ultimate compaction by rolling the surface shall be true to the lines, grades and cross sections shown on the plans. The finishing machine shall be of the tamping and screeding type, self-contained and self-propelled and shall operate so that no supplemental spreading, shaping or finishing will be required to provide a surface as specified herein. 01248102 PAVING AND SURFACING 02510 - 3 05/02 E. Equipment for rolling the surface shall consist of three -wheel and tandem rollers weighing not less than eight (8) tons and self-propelled pneumatic rollers. Other small equipment such as shovels, hand tamps and smoothing irons shall be furnished and maintained in good condition. 3.2 APPLICATION OF PRIME AND TACK COATS A. When the base is in proper condition, the prime coat and tack coat shall be applied with an approved distributor. The asphalt shall be applied at the temperature recommended by the Asphalt Institute. Application by means of hose and spray attached to the distributor will be permitted upon approval by the Owner, in areas inaccessible to the distributor. The asphalt shall not be applied during periods of inclement weather nor on a base which contains an excess of water. B. A prime coat of asphalt shall be applied to the entire Flexible Base surface prior to placing the surface course. The prime coat shall be applied to approved base course at a rate of 0.30 gallons per square yard. C. The prime coat shall be applied at least 24 hours in advance of placing the surface course. If required, the base course shall first be brought truly to the section and grade as established and shall be tested with a satisfactory 16-foot straightedge. Any deviation in excess of 3/8-inch from the straightedge or from true cross section shall be corrected by scarifying then adding or removing material, reshaping and compacting by sprinkling and rolling. No "scab" or "featheredge" patches will be permitted. After correction of any defects in the base, it shall be cleaned of all foreign material and all dust and loose particles shall be swept from the surface with a rotary broom, or other approved method, until the surface is in condition to receive the prime coat. If the surface has become dry, it shall be sprinkled with water immediately in advance of the application of the prime coat in order to assure uniform spread and penetration of asphalt. D. A tack coat of asphalt shall be applied to all surfaces which are to receive an asphaltic concrete surface course. The tack coat shall be applied immediately prior to placing the surface course at a rate of 0.10 gallons per square yard. E. No traffic shall be permitted over the freshly applied prime coat, but, when it has penetrated and/or cured sufficiently that the wheels of vehicles do not track or pick up oil from the surface, the surface course may be placed thereon. If the prime coat is damaged before placing the surface course, such damage shall be repaired as directed and the surface shall be cleaned of any dirt, dust, or other foreign material which may have accumulated thereon, immediately prior to placement of the surface course. The prime coat shall cure for not less than 24 hours after placing before any surface courses are applied to the base, or a longer period of time if the prime coat, in the opinion of the Engineer, has not properly cured. Prime coats shall not be applied more than 7 days in advance of placing the surface course. Areas that have been primed longer than the time specified above prior to placing the surface course shall be reprimed at the Contractor's expense. 3.3 ASPHALTIC CONCRETE LAYING A. After the tack coat has been applied and the areas to be paved have been put in proper condition to receive the surfacing, the asphaltic concrete mixture, heated and prepared as specified, shall be hauled to the point of placement and placed on the prepared surface. The mixture shall be so spread by the finishing machine in a uniform layer, that the finished thickness, as specified, is obtained over the entire area to be surfaced, after compaction. Laying shall be by means of the mechanical finishing machine wherever this is possible. Hand placing will be permitted where it is impracticable to operate the finishing machine. When hand placing is used, the 01248102 PAVING AND SURFACING 02510 - 4 05/02 material shall be dumped outside the area on which it is to be spread, and the entire load shall be spread and shaped so that the specified amount is placed on the base. Compaction shall be by means of lightly oiled, hot hand tamps. All contact surfaces of gutters and structures shall be painted with a thin, uniform coating of cut -back asphalt as required for the tack coat. The mixture when placed, shall be at a temperature of between 275' F. and 350' F. and the dispatch of vehicles and placing of material, shall be done in a manner which will cause as little loss of heat as possible. 3.4 ROLLING A. While still hot and as soon as it will bear the weight of the roller without undue displacement or hair cracking, the surface shall be rolled with a three -wheel roller, as specified, weighing not less than eight (8) tons. One roller shall be provided for each two thousand (2000) square yards of pavement laid per day. The three -wheel roller shall be followed by a tandem roller and/or pneumatic tired rollers, as directed by the Owner, but in any case, the final rolling shall be done with a tandem roller. Pavement shall be rolled in a longitudinal direction, beginning at the side, and progressing toward the crown of the pavement. Each successive trip of the roller shall overlap the previous one by one-half (2) of the width of the roller wheel. Alternate trips shall be of slightly different length. The motion of the roller shall at all times be slow enough to avoid displacement of the hot mixture, and any displacement occurring shall immediately be corrected by the use of rakes and fresh mixture, if required. Rolling shall continue until the surface has been thoroughly compacted and is of a uniform texture and true to grade and cross section. Adjacent to the gutters and the surface shall be finished uniformly high so that when compacted it shall be slightly above the gutter lip. The rollers shall not be allowed to stand on pavement which has not cooled to normal atmospheric temperature. To prevent adhesion of the surfacing to the roller, the wheels shall be kept properly moistened with water but an excess of water will not be permitted. Necessary precautions shall be taken to prevent the dripping of gasoline, oil, grease or other foreign material on the pavement either when the rollers are in operation or when standing. B. When the Owner has determined that conditions are such that adequate compaction or surface texture is not being obtained with the tandem or three -wheel roIIers, the Contractor shall supplement these rollers with pneumatic rollers conforming to the requirements included above. The pneumatic roller shall follow the steel -wheel rollers while the course is still warm. The rolling shall continue until all the surface course has been subjected to at least three coverages, and has an in place density of 98 percent of laboratory density as determined by ASTM D1188 or ASTM D2726. 3.5 JOINTS A. Joints between successive strips and between existing and new paving shall be carefully made in such a manner as to insure a thorough and continuous bond between the old and new surfaces. The roller shall pass over the unprotected end of the freshly laid mixture only when the laying of the mixture is discontinued for such a length of time as to permit the mixture to become chilled. In all cases, when the work is resumed, the material laid shall be cut back to its full depth so as to expose a fresh vertical surface. All such surfaces, as well as the edge of a strip against which another strip is to be placed, shall be painted with hot asphalt prior to placement of fresh material against it. Hot smoothing irons may be used for sealing joints but in such cases, extreme care shall be exercised to avoid burning the surface. Joints with existing surfacing shall be constructed substantially as specified above in a manner which will produce a smooth continuous surface between the old and new sections. 01248102 PAVING AND SURFACING 02510 - 5 05/02 B. In making the joint between existing pavements and the new surfacing, the old pavement shall be sawed to a straight line. Transverse joint shall also be sawed when new surfacing is being adjoined to surfaces which have been in place more than 12 hours, or if the old joint has been damaged or is dirty. 3.6 SURFACE ACCEPTANCE A. The surface of the pavement after compaction, shall be true to the grades and cross sections as established, and when tested with a sixteen (16) foot straightedge, shall have deviation in excess of one -sixteenth (1/16) inch per foot measured from the nearest point of contact, and the maximum ordinate measured from the face of the straightedge shall not exceed one -quarter (1 /4) inch at any point. B. Any humps or depressions exceeding the specified tolerance or which retain water on the surface, shall be corrected by removing the defective work, replacing with new material and recompacting as directed by the Owner, all at the expense of the Contractor. 3.7 WEATHER LIMITATIONS A. Asphaltic concrete, prime and tack coat may not be placed or applied when the air temperature is below 45' F and falling. But may be applied when the air temperature is 400 F and rising. No work may be done when general weather conditions are not suitable as determined by the owner's representative. 3.8 CLEANUP A. After the completion of placement of the wearing course, all debris resulting from the construction shall be cleaned up and removed from the site of the work. Areas, which have been disturbed during the construction, shall be raked or graded as required and left in a clean and neat condition. Gutters shall be cleaned of all dirt, aggregate, or other material which would clog the gutter. The entire premises of the work shall be left in a clean condition satisfactory to the Owner, and all costs of a cleanup shall be borne by the Contractor. END OF SECTION 01248102 PAVING AND SURFACING 02510 - 6 05/02 SECTION 03300 CAST -IN -PLACE CONCRETE PART 1 - GENERAL 1.1 RELATED DOCUMENTS A. Drawings and general provisions of the Contract, including General and Supplementary Conditions and Division 1 Specification Sections, apply to this Section. 1.2 SUMMARY A. This Section specifies cast -in place concrete, including formwork, reinforcement, concrete materials, mix design, placement procedures, and finishes. 1.3 DEFINITIONS A. Cementitious Materials: Portland cement alone or in combination with one or more of blended hydraulic cement, fly ash and other pozzolans, ground granulated blast -furnace slag, and silica fume. 1.4 SUBMITTALS A. Product Data: For each type of manufactured material and product indicated. B. Design Mixes: For each concrete mix. Include alternate mix designs when characteristics of materials, project conditions, weather, test results, or other circumstances warrant adjustments. 1. Indicate amounts of mix water to be withheld for later addition at Project Site. Water added at Project Site will not be permissible without paperwork showing how much water has been withheld. C. Steel Reinforcement Shop Drawings: Details of fabrication, bending, and placement, prepared according to ACI315, "Details and Detailing of Concrete Reinforcement." Include material, grade, bar schedules, stirrup spacing, bent bar diagrams, arrangement, and supports of concrete reinforcement. Include special reinforcement required for openings through concrete structures. 1.5 QUALITY ASSURANCE A. Installer Qualifications: An experienced installer who has completed concrete Work similar in material, design, and extent to that indicated for this Project and whose work has resulted in construction with a record of successful in-service performance. B. Manufacturer Qualifications: A firm experienced in manufacturing ready -mixed concrete products complying with ASTM C 94 requirements for production facilities and equipment. 1. Manufacturer must be certified according to the National Ready Mixed Concrete Association's Certification of Ready Mixed Concrete Production Facilities. J 01248102 CAST -IN -PLACE CONCRETE 03300 - 1 05/02 C. Testing Agency Qualifications: An independent testing agency, acceptable to authorities having jurisdiction, qualified according to ASTM C 1077 and ASTM E 329 to conduct the testing indicated, as documented according to ASTM E 548. 1. Personnel conducting field tests shall be qualified as ACI Concrete Field Testing Technician, Grade 1, according to ACI CP-I or an equivalent certification program. D. Source Limitations: Obtain each type or class of cementitious material of the same brand from the same manufacturer's plant, each aggregate from one source, and each admixture from the same manufacturer. E. ACI Publications: Comply with the following, unless more stringent provisions are indicated: 1. ACI 301, "Specification for Structural Concrete." 2. ACI 117, "Specifications for Tolerances for Concrete Construction and Materials." 1.6 DELIVERY, STORAGE, AND HANDLING A. Deliver, store, and handle steel reinforcement to prevent bending and damage. 1. Avoid damaging coatings on steel reinforcement. PART 2 - PRODUCTS 2.1 FORM -FACING MATERIALS A. Smooth -Formed Finished Concrete: Form -facing panels that will provide continuous, true, and smooth concrete surfaces. Furnish in largest practicable sizes to minimize number of joints. 1. Plywood, metal, or other approved panel materials. B. Rough -Formed Finished Concrete: Plywood, lumber, metal, or another approved material. Provide lumber dressed on at least two edges and one side for tight fit. C. Forms for Cylindrical Columns, Pedestals, and Supports: Paper or fiber tubes that will produce smooth surfaces with gradual or abrupt irregularities not exceeding specified formwork surface class. Provide units with sufficient wall thickness to resist plastic concrete loads without detrimental deformation. D. Chamfer Strips: Wood, metal, PVC, or rubber strips, 3/4 by 3/4 inch, minimum. E. Form -Release Agent: Commercially formulated form -release agent that will not bond with, stain, or adversely affect concrete surfaces and will not impair subsequent treatments of concrete surfaces. 1. Formulate form -release agent with rust inhibitor for steel form -facing materials. F. Form Ties: Factory -fabricated, removable or snap -off metal or glass -fiber -reinforced plastic form ties designed to resist lateral pressure of fresh concrete on forms and to prevent spalling of concrete on removal. 1. Furnish units that will leave no corrodible metal closer than 1 inch to the plane of the exposed concrete surface. 2. Furnish ties that, when removed, will leave holes not larger than 1 inch in diameter in concrete surface. 3. Furnish ties with integral water -barrier plates to walls indicated to receive dampproofing or waterproofing. 2.2 STEEL REINFORCEMENT A. Reinforcing Bars: ASTM A 615/A 615M, Grade 60, deformed. 01248102 CAST -IN -PLACE CONCRETE 03300 - 2 05/02 2.3 REINFORCEMENT ACCESSORIES A. Bar Supports: Bolsters, chairs, spacers, and other devices for spacing, supporting, and fastening reinforcing bars in place. Manufacture bar supports according to CRSI's "Manual of Standard Practice" from steel wire, plastic, or precast concrete or fiber -reinforced concrete of greater compressive strength than concrete, and as follows: 1. For concrete surfaces exposed to view where legs of wire bar supports contact forms, use CRSI Class 1 plastic -protected or CRSI Class 2 stainless -steel bar supports. 2.4 CONCRETE MATERIALS A. Portland Cement: ASTM C 150, Type I. 1. Fly Ash ASTM C 618, Class C. B. Normal -Weight Aggregate: ASTM C 33, uniformly graded, and as follows: 1. Class: Moderate weathering region, but not less than 3M. C. Water: Potable and complying with ASTM C 94. 2.5 ADMIXTURES A. General: Admixtures certified by manufacturer to contain not more than 0.1 percent water-soluble chloride ions by mass of cementitious material and to be compatible with other admixtures and cementitious materials. Do not use admixtures containing calcium chloride. B. Air -Entraining Admixture: ASTM C 260. C. Water -Reducing Admixture: ASTM C 494, Type A. D. High -Range, Water -Reducing Admixture: ASTM C 494, Type F. E. Water -Reducing and Accelerating Admixture: ASTM C 494, Type E. F. Water -Reducing and Retarding Admixture: ASTM C 494, Type D. G. Moisture Retaining Film: Dayton Superior — Sure Film J-74. 2.6 CURING MATERIALS A. Clear, Solvent -Borne, Membrane -Forming Curing Compound: ASTM C 309, Type 1, Class B. 2.7 REPAIR MATERIALS A. Repair Underlayment: Cement -based, polymer -modified, self -leveling product that can be applied in thicknesses from 1/8 inch and that can be feathered at edges to match adjacent floor elevations. 1. Cement Binder: ASTM C 150, portland cement or hydraulic or blended hydraulic cement as defined in ASTM C 219. 2. Primer: Product of underlayment manufacturer recommended for substrate, conditions, and application. 3. Aggregate: Well -graded, washed gravel, 1/8 to 1/4 inch or coarse sand as recommended by underlayment manufacturer. 4. Compressive Strength: Not less than 4100 psi at 28 days when tested according to ASTM C 109. J 01248102 CAST -IN -PLACE CONCRETE 03300 - 3 05/02 2.8 CONCRETE MIXES A. Prepare design mixes for each type and strength of concrete determined by either laboratory trial mix or field test data bases, as follows: 1. Proportion normal -weight concrete according to ACI 211.1 and ACI 301. B. Use a qualified independent testing agency for preparing and reporting proposed mix designs for the laboratory trial mix basis. C. Footings and Foundation Walls: Proportion normal -weight concrete mix as follows: 1. Compressive Strength (28 Days): 4000 psi. 2. Minimum Slump: 3 inches. 3. Maximum Slump: 5 inches. 4. Maximum Slump for Concrete Containing High -Range Water -Reducing Admixture: 8 inches after admixture is added to concrete with 2- to 4-inch slump. 5. Maximum Water-Cementitious Material Ratio:.55. D. Cementitious Materials: For concrete exposed to deicers, limit percentage, by weight, of cementitious materials other than portland cement according to ACI 301 requirements. E. Cementitious Materials: Limit percentage, by weight, of cementitious materials other than portland cement in concrete as follows: 1. Fly Ash: 15 percent. F. Admixture with chloride -ions are prohibited. G. Admixtures: Use admixtures according to manufacturer's written instructions. 1. Use water -reducing admixture or high -range water -reducing admixture (superplasticizer) in concrete, as required, for placement and workability. 2. Use water -reducing and retarding admixture when required by high temperatures, low humidity, or other adverse placement conditions. 3. Use water -reducing admixture in pumped concrete, concrete for heavy -use industrial slabs and parking structure slabs, concrete required to be watertight, and concrete with a water-cementitious materials ratio below 0.50. 2.9 FABRICATING REINFORCEMENT A. Fabricate steel reinforcement according to CRSI's "Manual of Standard Practice." 2.10 CONCRETE MIXING A. Ready -Mixed Concrete: Measure, batch, mix, and deliver concrete according to ASTM C 94, and furnish batch ticket information. PART 3 - EXECUTION 3.1 FORMWORK A. Design, erect, shore, brace, and maintain formwork, according to ACI 301, vertical, lateral, static, and dynamic loads, and construction loads that might until concrete structure can support such loads. B. Construct formwork so concrete members and structures are of size, shape, elevation, and position indicated, within tolerance limits of ACI 117. C. Limit concrete surface irregularities, designated by ACI347R as abrupt or follows: 1. Class B, 1/4 inch. to support be applied, alignment, gradual, as 01248102 CAST -IN -PLACE CONCRETE 03300 - 4 05/02 D. Construct forms tight enough to prevent loss of concrete mortar. E. Fabricate forms for easy removal without hammering or prying against concrete surfaces. Provide crush or wrecking plates where stripping may damage cast concrete surfaces. Provide top forms for inclined surfaces steeper than 1.5 horizontal to 1 vertical. Kerf wood inserts for forming keyways, reglets, recesses, and the like, for easy removal. 1. Do not use rust -stained steel form -facing material. F. Set edge forms, bulkheads, and intermediate screed strips for slabs to achieve required elevations and slopes in finished concrete surfaces. Provide and secure units to support screed strips; use strike -off templates or compacting -type screeds. G. Provide temporary openings for cleanouts and inspection ports where interior area of formwork is inaccessible. Close openings with panels tightly fitted to forms and securely braced to prevent loss of concrete mortar. Locate temporary openings in forms at inconspicuous locations. H. Chamfer exterior corners and edges of permanently exposed concrete. I. Form openings, chases, offsets, sinkages, keyways, reglets, blocking, screeds, and bulkheads required in the Work. Determine sizes and locations from trades providing such items. J. Clean forms and adjacent surfaces to receive concrete. Remove chips, wood, sawdust, dirt, and other debris just before placing concrete. K. Retighten forms and bracing before placing concrete, as required, to prevent mortar leaks and maintain proper alignment. L. Coat contact surfaces of forms with form -release agent, according to manufacturer's written instructions, before placing reinforcement. 3.2 EMBEDDED ITEMS A. Place and secure anchorage devices and other embedded items required for adjoining work that is attached to or supported by cast -in -place concrete. Use Setting Drawings, templates, diagrams, instructions, and directions furnished with items to be embedded. 3.3 REMOVING AND REUSING FORMS A. General: Formwork, for sides of beams, walls, columns, and similar parts of the Work, that does not support weight of concrete may be removed after cumulatively curing at not less than 50 deg F for 24 hours after placing concrete provided concrete is hard enough to not be damaged by form -removal operations and provided curing and protection operations are maintained. B. Leave formwork, for beam soffits, joists, slabs, and other structural elements, that supports weight of concrete in place until concrete has achieved the following: 1. At least 70 percent of 28-day design compressive strength. 2. Determine compressive strength of in -place concrete by testing representative field- or laboratory -cured test specimens according to ACI 301. C. Clean and repair surfaces of forms to be reused in the Work. Split, frayed, delaminated, or otherwise damaged form -facing material will not be acceptable for exposed surfaces. Apply new form -release agent. D. When forms are reused, clean surfaces, remove fins and laitance, and tighten to close joints. Align and secure joints to avoid offsets. Do not use patched forms for exposed concrete surfaces unless approved by Architect. 01248102 CAST -IN -PLACE CONCRETE 03300 - 5 05/02 J 3.4 SHORES AND RESHORES A. Comply with ACI318, ACI301, and recommendations in ACI347R for design, installation, and removal of shoring and reshoring. B. Plan sequence of removal of shores and reshore to avoid damage to concrete. Locate and provide adequate reshoring to support construction without excessive stress or deflection. 3.5 STEEL REINFORCEMENT A. General: Comply with CRSI's "Manual of Standard Practice" for placing reinforcement. 1. Do not cut or puncture vapor retarder. Repair damage and reseal vapor retarder before placing concrete. B. Clean reinforcement of loose rust and mill scale, earth, ice, and other foreign materials. C. Accurately position, support, and secure reinforcement against displacement. Locate and support reinforcement with bar supports to maintain minimum concrete cover. Do not tack weld crossing reinforcing bars. D. Set wire ties with ends directed into concrete, not toward exposed concrete surfaces. E. All reinforcements to be in place prior to placing of concrete. Equipment will not be allowed to drive over reinforcing. 3.6 JOINTS A. General: Construct joints true to line with faces perpendicular to surface plane of concrete. B. Construction Joints: Install so strength and appearance of concrete are not impaired, at locations indicated or as approved by Architect. 1. Place jointq perpendicular to main reinforcement. Continue reinforcement across construction joints, unless otherwise indicated. Do not continue reinforcement through sides of strip placements of floors and slabs. 2. Space vertical joints in walls as indicated. Locate joints beside_ piers integral with walls, near corners, and in concealed locations where possible. 3. Use a bonding agent at locations where fresh concrete is placed against hardened or partially hardened concrete surfaces. 3.7 WATERSTOPS A. Flexible Waterstops: Install in construction joints as indicated to form a continuous diaphragm. Install in longest lengths practicable. Support and protect exposed waterstops during progress of Work. Field -fabricate joints in waterstops according to manufacturer's written instructions. 3.8 CONCRETE PLACEMENT A. Before placing concrete, verify that installation of formwork, reinforcement, and embedded items is complete and that required inspections have been performed. B. Do not add water to concrete during delivery, at Project site, or during placement, unless approved by Architect. C. Before placing concrete, water may be added at Project site, subject to limitations of ACI 301. 1. Do not add water to concrete after adding high -range water -reducing admixtures to mix. 2. Water may not be added beyond the limit of water withheld from the plant. 01248102 CAST -IN -PLACE CONCRETE 03300 - 6 05/02 D. Deposit concrete continuously or in layers of such thickness that no new concrete will be placed on concrete that has hardened enough to cause seams or planes of weakness. If a section cannot be placed continuously, provide construction joints as specified. Deposit concrete to avoid segregation. E. Deposit concrete in forms in horizontal layers no deeper than 24 inches and in a manner to avoid inclined construction joints. Place each layer while preceding layer is still plastic, to avoid cold joints. 1. Consolidate placed concrete with mechanical vibrating equipment. Use equipment and procedures for consolidating concrete recommended by ACI 309R. 2. Do not use vibrators to transport concrete inside forms. Insert and withdraw vibrators vertically at uniformly spaced locations no farther than the visible effectiveness of the vibrator. Place vibrators to rapidly penetrate placed layer and at least 6 inches into preceding layer. Do not insert vibrators into lower layers of concrete that have begun to lose plasticity. At each insertion, limit duration of vibration to time necessary to consolidate concrete and complete embedment of reinforcement and other embedded items without causing mix constituents to segregate. F. Cold -Weather Placement: Comply with ACI 306.1 and as follows. Protect concrete work from physical damage or reduced strength that could be caused by frost, freezing actions, or low temperatures. 1. When air temperature has fallen to or is expected to fall below 40' F, uniformly heat water and aggregates before mixing to obtain a concrete mixture temperature of not less than 50' F and not more than 80 deg F at point of placement. 2. Do not use frozen materials or materials containing ice or snow. Do not place concrete on frozen subgrade or on subgrade containing frozen materials. 3. Do not use calcium chloride, salt, or other materials containing antifreeze agents or chemical accelerators, unless otherwise specified and approved in mix designs. G. Hot -Weather Placement: Place concrete according to recommendations in ACI 305R and as follows, when hot -weather conditions exist: 1. Cool ingredients before mixing to maintain concrete temperature below 90 deg F at time of placement. Chilled mixing water or chopped ice may be used to control temperature, provided water equivalent of ice is calculated to total amount of mixing water. Using liquid nitrogen to cool concrete is Contractor's option. 2. Cover steel reinforcement with water -soaked burlap so steel temperature will not exceed ambient air temperature immediately before embedding in concrete. 3. Fog -spray forms, steel reinforcement, and subgrade just before placing concrete. Keep subgrade moisture uniform without standing water, soft spots, or dry areas. 3.9 FINISHING FORMED SURFACES A. Rubbed Finish: Apply the following to smooth -formed finished concrete: 1. Grout -Cleaned Finish: Wet concrete surfaces and apply grout of a consistency of thick paint to coat surfaces and fill small holes. Mix one part portland cement to one and one-half parts fine sand with a 1:1 mixture of bonding admixture and water. Add white portland cement in amounts determined by trial patches so color of dry grout will match adjacent surfaces. Scrub grout into voids and remove excess grout. When grout whitens, rub surface with clean burlap and keep surface damp by fog spray for at least 36 hours. 01248102 05/02 CAST -IN -PLACE CONCRETE 03300 - 7 B. Related Unformed Surfaces: At tops of walls, horizontal offsets, and similar unformed surfaces adjacent to formed surfaces, strike off smooth and finish with a texture matching adjacent formed surfaces. Continue final surface treatment of formed surfaces uniformly across adjacent unformed surfaces, unless otherwise indicated. 3.10 MISCELLANEOUS CONCRETE ITEMS A. Filling In: Fill in holes and openings left in concrete structures, unless otherwise indicated, after work of other trades is in place. Mix, place, and cure concrete, as specified, to blend with in -place construction. Provide other miscellaneous concrete filling indicated or required to complete Work. B. Equipment Bases and Foundations: Provide machine and equipment bases and foundations as shown on Drawings. Set anchor bolts for machines and equipment at correct elevations, complying with diagrams or templates of manufacturer furnishing machines and equipment. 3.11 CONCRETE PROTECTION AND CURING A. General: Protect freshly placed concrete from premature drying and excessive cold or hot temperatures. Comply with ACI306.1 for cold -weather protection and with recommendations in ACI 305R for hot -weather protection during curing. B. Formed Surfaces: Cure formed concrete surfaces, including underside of beams, supported slabs, and other similar surfaces. 1. Leave forms in place for a minimum of 3 days. 2. Upon removal of forms, apply approved curing compound. C. Sealing Coat: Uniformly apply a continuous sealing coat of<curing and sealing compound to harden concrete by power spray or roller according to manufacturer's written instructions. 3.12 CONCRETE SURFACE REPAIRS A. Defective Concrete: Repair and patch defective areas when approved by Architect. Remove and replace concrete that cannot be repaired and patched to Architect's approval. B. Patching Mortar: Mix drypack patching mortar, consisting of one part portland cement to two and one-half parts fine aggregate passing a No. 16 sieve, using only enough water for handling and placing. C. Repairing Formed Surfaces: Surface defects include color and texture irregularities, cracks, spalls, air bubbles, honeycombs, rock pockets, fins and other projections on the surface, and stains and other discolorations that cannot be removed by cleaning. 1. Immediately after form removal, cut out honeycombs, rock pockets, and voids more than 1/2 inch in any dimension in solid concrete but not less than 1 inch in depth. Make edges of cuts perpendicular to concrete surface. Clean, dampen with water, and brush -coat holes and voids with bonding agent. Fill and compact with patching mortar before bonding agent has dried. Fill form -tie voids with patching mortar or cone plugs secured in place with bonding agent. 2. Repair defects on surfaces exposed to view by blending white portland cement and standard portland cement so that, when dry, patching mortar will match surrounding color. Patch a test area at inconspicuous locations to verify mixture and color match before proceeding with patching. Compact mortar in place and strike off slightly higher than surrounding surface. 01248102 CAST -IN -PLACE CONCRETE 03300 - 8 05/02 3. Repair defects on concealed formed surfaces that affect concrete's durability and structural performance as determined by Architect. D. Perform structural repairs of concrete, subject to Architect's approval, using epoxy adhesive and patching mortar. E. Repair materials and installation not specified above may be used, subject to Architect's approval. 3.13 FIELD QUALITY CONTROL A. Testing Agency: Owner will hire a qualified independent testing and inspecting agency to sample materials, perform tests, and submit test reports during concrete placement according to requirements specified in this Article. B. Testing Services: Testing of composite samples of fresh concrete obtained according to ASTM C 172 shall be performed according to the following requirements: 1. Testing Frequency: Obtain one composite sample for each day's pour of each concrete mix exceeding 5 cu. yd., but less than 25 cu. yd., plus one set for each additional 50 cu. yd. or fraction thereof. a. When frequency of testing will provide fewer than five compressive -strength tests for each concrete mix, testing shall be conducted from at least five randomly selected batches or from each batch if fewer than five are used. 2. Slump: ASTM C 143; one test at point of placement for each composite sample, but not less than one test for each day's pour of each concrete mix. Perform additional tests when concrete consistency appears to change. 3. Air Content: ASTM C 231, pressure method, for normal -weight concrete; ASTM C 173, volumetric method, for structural lightweight concrete; one test for each composite sample, but not less than one test for each day's pour of each concrete mix. 4. Concrete Temperature: ASTM C 1064; one test hourly when air temperature is 40 deg F and below and when 80 deg F and above, and one test for each composite sample. 5. Unit Weight: ASTM C 567, fresh unit weight of structural lightweight concrete; one test for each composite sample, but not less than one test for each day's pour of each concrete mix. 6. Compression Test Specimens: ASTM C 31/C 31M; cast and laboratory cure one set of four standard cylinder specimens for each composite sample. 7. Compressive -Strength Tests: ASTM C 39; test two laboratory -cured specimens at 7 days and two at 28 days. C. Strength of each concrete mix will be satisfactory if every average of any three consecutive compressive -strength tests equals or exceeds specified compressive strength and no compressive -strength test value falls below specified compressive strength by more than 500 psi. D. Test results shall be reported in writing to Architect, concrete manufacturer, and Contractor within 48 hours of testing. Reports of compressive -strength tests shall contain Project identification name and number, date of concrete placement, name of concrete testing and inspecting agency, location of concrete batch in Work, design compressive strength at 28 days, concrete mix proportions and materials, compressive breaking strength, and type of break for both 7-and 28-day tests. E. Nondestructive Testing: Impact hammer, sonoscope, or other nondestructive device may be permitted by Architect but will not be used as sole basis for approval or rejection of concrete. 01249102 CAST -IN -PLACE CONCRETE 03300 - 9 05/02 F. Additional Tests: Testing and inspecting agency shall make additional tests of concrete when test results indicate that slump, air entrainment, compressive strengths, or other requirements have not been met, as directed by Architect. Testing and inspecting agency may conduct tests to determine adequacy of concrete by cored cylinders complying with ASTM C 42 or by other methods as directed by Architect. END OF SECTION _-J :J 01248102 CAST -IN -PLACE CONCRETE 03300 - 10 05/02