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HomeMy WebLinkAbout15 Venessa Garza 16G:ONTRACT & AGREEMENT ROUTING FORM ClTY OF COU..EGE S TATION Home ofTmu A&M Ui1i11miry" Contract Descrip~ion: CONTRACT#:~ PROJECT#:~Tl 4 l_B I BID#:~ RFP:D Construction contract for a sidewalk on Normand Drive from Ponderosa Drive to -I Project Name: INormand Drive Sidewalk Project .. Name of Contractor: fox Construction, LLC CONTRACT TOTAL VALUE: $ Ji£i:t:a . . . I Grant Funded IQ] Yes lm!I No~--~ ·.If yes, what is the grant number: ~I --~ Debarment Check g] Yes IQ.] No jg1] N/A Section 3 Plan Incl. IQ] Yes [g] No!@] N/A Davis Bacon Wages Used D Yes CJ Norn N/ A Buy America Required 0 Yes 0 NollEJI N/ A Transparency Report DI Yes a No llEI N/ A l I IOOI NEW _CONTRACT ~RENEWAL# __ IQJCHANGEORDER# __ bl OTHER ____ _ BUDGETARY AND FINANCIAL INFORMATION (Include number of bids solicited, number of bids received, 44.711 .55 .. CRC Approval Date*: I tJ{& I -{If required)*· I . Council Approval Date*: Nf A f Agenda Item No*:~ . ~ction to be completed by Ris~asing Only-r::J1f\J Insurance Certificates:~ Performance Bond:~ Payment Bond: .l.aiAL-f SIGNATURES RECOMMENDING APPROVAL ~~ ' , /Z--~c 11 DATE /-~-I j DATE DATE / · /Z.. •/.C CITY MANAGER DATE MAYOR l if•PPU"ble j~ DATE CITY SECRETARY (if a pplica bl e) q§Original{s) sent to CSO on~g / / ~ Scanned into Laserfiche on @.J../!~ . C IT Y O F COLLE G E S TAT ION Ho me of Texas A&M Universi ty "' 1101 Texas Ave* College Station, TX 77840 * (979) 764-3555 www .c st x.go v ADDENDUM#2 BID# 15-013 Date: October 30 , 2014 To: All Interested Parties From : Heather Pavelka , Buyer Re : Bid # 15-013 -Normand Drive Sidewalk Project The following additions , deletions or clarifications to Bid # 15-013 are hereby made a part of the Bid Documents for the above referenced project as fut ly and as compl etely as though the same were included therein. Vendor Questions/ Clarifications: l. Laydown Area and Portable Toilet: The Contractor may use the Brian Bachmann Community Park/ Southwood Athletic Park parking lot as a laydown area at their own risk. The Contractor shall be responsible for securing their materials. Materials shall be stored on the site in a location as directed by the Cit y . The site shall be restored to the pre-existing condition. The Contractor may place a portable toilet in the right-of-way along Ponderosa Road if there is ample space w ithout encroaching on the sidewalk. 2. Traffic Control Plan: The Contractor shall use the traffic control plan provided in the plans. If the Contractor chooses to create their own plan , it shall be si gned and sealed by an Engineer and submitted to the City and the Project Engineer for review. 3. Alternate Bid A, Concrete Curb and Gutter: The street intersections shall be constructed in halves to allow residents access to their homes . The three streets off of ormand Drive between Ponderosa and Rock Prairie a re all cul-de-sac streets. The Contractor shall use either high early strength (HES) concrete or 6,000 ps i concrete for the gutter section s sho wn as Alternate Bid A. An additional test cylinder will be taken for a 3-day break . If the 3-day break is at !TB 15-0 13 No rm and Drive S idewalk Project Addendum 2 Page I least 75% of the required 3,500 psi, the Contractor may remove the barricades and open the street to traffic . 4 . Driveway Replacement: The Contractor may discuss closing the entire driveway with the property owner. If the property owner agrees to closing the entire driveway, the Contractor shall submit evidence to the Engineer and the City. If evidence is provided that proves that the property owner agrees to allow the Contractor to close the entire driveway during reconstruction and curing, the Contractor may do so . The Contractor shall use HES or 6,000 psi concrete per item 3 above. 5. Fill for Sidewalks to Achieve Grade: The Contractor shall use cement stabilized sand under sidewalks to fill low areas to achieve required subgrade elevation . There will be no separate payment for fill material. 6 . Flexible Base Material: The Contractor shall use flexible base material that meets the requirements of TxDOT 247, Type A, Grade 1 as specified in the Technical Specifications. 7 . Detectable Warnings: May Armor-Tile, wet -set detectable warning system or equivalent be used in lieu of Truncat ed Dome Pavers? No. Please use what is called for in the specifications. 8. Project Completion Time: The project completion time is being increased from 45 , tu-60 calendar days. J\n updated-bid "Sh-eeneflecting-tbis--chan15e ts atta ched. Please acknowledge receipt of this addendum with signature and date and return with completed bid. Failure to do so may cause your Bid to be considered non-responsive. Receipt of this Addendum No. 2 is hereby acknowledged ~--- Company N ame /TB 15-013 No rm and Drive S idewalk Project Addendum 2 r ' Date Page2 Date: i o: From: Re : CITY OF COLLEGE STATION Home of Texas A&M University • 11 OJ Texas Ave *College Station, TX 77840 * (979) 764-3555 www.cstx.gov ADDENDUM#! BID# 15-013 October 23, 2014 Altlfileres teo Parties Heather Pavelka, Buyer Bid # 15-013 -Normand Drive Sidewalk Project The following additions, deletions or clarifications to Bid# 15-013 are hereby made a part of the Bid Documents for the above referenced project as fully and as completely as though the same were included therein. Specification Corrections 1. Plan Sheet No. 5 of 8 has been revised to move the detectable warning surface to the correct location, 6" behind the face of curb on the North side of Bermuda Ct., to address the comment in the TDLR/T AS review. The updated plan sheet is attached. 2 . An updated bid sheet is also attached. The original bid sheet cut off some of the line item descriptions. Please use the corrected bid sheet in submitted bid packets. Please acknowledge recei pt of this addendum with signature and date and return with completed bid. Failure to do so may-cause-your Bid to be cunsidered non-responsive . this Addendum No. 1 is hereby acknowledged Company Name !TB 15-01 3 Normand Drive Sidewalk Proj ect Addendum I Dale Page I BID DOCUMENTS FOR Normand Drive Sidewalk Project CITY OF COLLE G E STATION Home of Texa~ A&M University ® BID NO. 15-013 PROJECT NO. ST1418 DUE DATE: NOVEMBER 4, 2014@ 2:00 P.M. City of College Station, Texas Purchasing Division -City Hall PO Box 9960 1101 Texas A venue College Station , Texas 77842 979-764-3555 www.cstx.gov INSTRUCTION TO BIDDERS CONTRACTOR'S PROPOSAL CONTRACTOR DATA SHEET CERTIFICATION CONDITIONS OF AGREEMENT TABLE OF CONTENTS STANDARD FORM OF AGREEMENT FOR CONSTRUCTION SPECIAL CONDITIONS AND TECHNICAL SPECIFICATIONS /TB 15-013 No rmand Drive Sidewalk Project Page 2 INSTRUCTION TO BIDDERS !TB 15-013 Normand Drive Sidewa lk Project Page 3 INSTRUCTIONS TO BIDDERS 1.0 ADVERTISEMENT Sealed bids addressed to the City of College Station -Purchasing Div isio n, will be received for Normand Drive Sidewalk Project: Bid Number 15-013 Project No. ST14 l 8 until 2 :00 p.m. CST, Tuesday, November 4, 2014 after which time all qualified bids will be opened and read. Bids received after that time will be returned unopened. LOCATION AND DESCRIPTION OF PROJECT The project involves the construction of a sidewalk on Normand Drive from Ponderosa Drive to Rock Prairie Road. A Pre-bid Meeting will be held at 1101 Texas Avenue, City Hall , second floor conference room , College Station , Texas at 2:00 p.m. CST on Monday, October 27, 2014. This meeting is not mandatory, but attendance is highly recommended. A site visit will be provided after the meetin g. Questions and inquiries about this ITB shall be submitted in writing via the Q&A feature available throu gh Brazos Valley Online Bidding System at https ://brazosbid.cstx .gov . The deadline for written questions is Thursday, October 30, 2014 at 2:00 p.m. C.S.T. COPIES OF BIDDING DOCUMENTS A complete set of Bidding Documents can be downloaded off of the City 's website at https ://brazosbid.cstx.gov . Sealed bids shall be clearly marked with the bid number and title and addressed to the City of College Station -Purchasing Division. Bids shall be delivered using one of the following methods: Hand-deliver to: 1101 Texas Avenue College Station , Texas 77840 Mail to: PO Box 9960 College Station, Texas 77842 Ship to (FedEx, UPS, DHL, etc.): 310 Krenek Tap Road College Station , Texas 77840 Five (5) percent bid security is required . END ADVERTISEMENT !TB 15-013 No rm and Drive S idewa lk Project Pa ge 4 2.0 DEFINITION OF TERMS In order to simplify the lan g uage throughout this bid , the following definitions and those defined in the Contract Documents shall apply: BIDD ER -A contractor who submits a Bid directly to the City. BIDDING DOCUMENTS -the Advertisement, Instructions to Bidders , the Proposal, Special Pro visions, Technical Specifications and the proposed Contract Documents (including all Addenda issued prior to the receipt of Bids). CITY OF COLLEGE STATION -Same as City. CITY COUNCIL -The elected officials of the City of College Station, Texas given the authority to exercise such powers and jurisdiction of all City busines s as conferred by the State Constitution and Laws. CONTRACT -An agreement between the City and a Supplier to furnish supplies and/or services over a designated period of time during which repeated purchases are made of the commodity specified. CO TRACTOR-The successful Bidder(s) of this bid request. CITY -The government of the City of College Station, Texas. SUB-CONTRACTOR -Any contractor hired by the Contractor or Supplier to furnish materials and services specified in this bid request. SUCCESSFUL BIDDER -the lowest, qualified , responsible and responsive Bidder to whom the City (o n the basis of the City's evaluation as hereinafter provided) makes an award. SUPPLIER -Same as Contractor. 3.0 COPIES OF BIDDING DOCUMENTS A complete set of Bidding Documents can be downloaded off of the City's we bsite at https://brazosbid .cstx.gov . Complete sets of Bidding Documents must be used in preparing Bids; the City assumes no responsibility for errors or misinterpretations resulting from the use of incomplete sets of Bidding Documents. 4.0 PREBID CONFERENCE A Pre-bid Meeting will be held at 1101 Texas Avenue, City Hall , second floor conference room, College Station , Texas at 2:00 p.m. CST on Monday, October 27, 2014. This meeting is not mandatory, but attendance is highly recommended. A site visit will be provided after the meeting . Representatives of the Owner and Engineer will be present to discuss the project. Bidders are highly encouraged to attend and participate in the conference . Owner's Representative will transmit to all prospective bidders of record such Addenda as he considers necessary in response to questions arising at the conference. 5.0 GENERAL BID PROVISIONS a . The Invitation to Bid as advertised will be considered an inclusion of the specifications and conditions . b. The term "Owner" as used throughout these documents will mean The City of College Station, Texas. !TB 15-013 Normand Drive Sidewalk Project Page 5 c. Bid proposals will be submitted on the forms provided by Owner. All figures must be written in ink or typewritten . However, mistakes may be crossed out, corrections inserted adjacent thereto and initialed in ink by the person signing the proposal. d. Formal advertised bids indicate date and time by which the bids must be received in the Purchasing division . Bids received after that time will be returned unopened to the bidder. e. The bidder will note any exceptions to the conditions of this bid. If no exceptions are stated, it will be understood that all general and specific conditions will be complied with , without exception. f . Bidders may request withdrawal of a posted sealed proposal prior to the scheduled bid opening time, provided the request for withdrawal is submitted to the Purchasing Division in writing . Owner reserves the right to reject any and all bids by reason of this request. g . In the event there are inconsistencies between the general provisions and other bid terms or conditions contained herein , the former wi ll take precedence. h . If it becomes necessary to revise any part of this bid , a written addendum will be provided to al l bidders . Owner is not bound by any oral representations , clarifications , or changes made in the written specifications by Owner 's employees , unless such clarification of change is provided to bidders in written addendum form from the Purchasing Division. 1. All bids will be awarded to the lowest responsible bidder. The determination of the lowest responsible bidder may involve all or some of the following factors: price, conformity to specifications, financial ability to perform the contract, previous performance , facilities and equipment, availability of repair parts, qualifications and experience, delivery promise, payment terms, compatibi lity as required , other costs , and other objectives and accountable factors which are reasonable . J. Owner may give an environmental preference to products or services that have a lesser or reduced effect on human health and the environment when compared with competing products and services that serve the same purpose . This comparison may consider raw materials acquisition , product, manufacturing, packaging, distribution , reuse, operation, maintenance, or disposal of the product or service; k . Bidders may be disqualified and rejection of proposals may be recommended to the Owner for any (but not limited to) of the following causes: 1) Failure to use the proposal form furnished by the Owner; 2) Lack of signature by an authorized representative on the proposal form; 3) Failure to properly complete the proposal ; 4) Evidence of collusion among proposers; 5) Omission of a certified personal or company check as a proposal guarantee (if Bid Bond required); 6) Unauthorized alteration of bid form ; 7) Lack of appropriate qualifications and experience relative to the size and scope of the work proposed ; 8) Unsatisfactory performance; or 9) Failure to complete projects. Owner reserved the right to waive any minor informality or irregularity . I. Whenever in this invitation , any particular materials, process and/or equipment are indicated or specified by patent, proprietary or brand name, or by name of manufacture , such wording will be deemed to be used for the purpose of faci litating description of the material , process and /or equipment desired and will be deemed to be followed by the words "or equal." !TB 15 -013 Normand Drive S idewa lk Project Page 6 m . Samples of items shall be furnished, if requested by the Owner, without charge, and if not destroyed, shall be returned upon request at the bidder's expense. n . It is agreed that the successful bidder will not assign, transfer, convey or otherwise dispose of the contract or its right, title or interest in or to the same, or any part thereof, without prev ious written consent of Owner and any sureties. o. Contractor mu st provide audited financial statements , if requested , to the City. p. Prices should be itemized . Unit prices shall be set to no more than four (4) decimal places. The Owner reserves the right to award by item or b y total bid . If there are discrepancies between unit prices and extension, the unit price will prevail. q. No freight or delivery charges will be accepted unless shown on bid . r. Discounts for prompt payment offered may be taken into consideration during bid evaluation. Terms of payment offered will be reflected in the s pace provided o n the bid proposa l form. All term s of payment (cash di sco unts) will be taken and computed from the date of delivery of acceptable material or services, or the date of receipt of invoice , w hichever is later. s. Owner is exempt from State Retail Tax and Federal Excise Tax. The price bid must be net, exclusive of taxe s. t. All bidders will comply with all Federal, State, and local laws relative to conducting business in the City of College Station. The laws of the State of Texas w ill gove rn as to the interpretation , validity, and effect of this bid , its award and any contract entered into. u. The successful bidder agrees by entering into this contract, to defend, indemnify and hold Owner harml ess from any and all causes of action or claims of damages ar is in g out of or related to bidder's performance under this contract. v . Advanced di sc losures of any information to any particular bidder w hich g ives that particul a r bidder any advantage over any other interested bidder in advance of the opening of bids , whether in response to advertising or an in for mal requ est for bids, mad e or permitted by a member of the governing body or an employee or representative thereof, will operate to void all proposals of that particular bid solicitation or request. w. Minority business enterprises will be afforded full opportunity to submit bids in respon se to this in v itation and will not be discriminated against on the grounds of race, color, creed, sex, or national origin in consideration for an award. x. If unable to bid , please sign and return this form by return mail , advising reason for not s ubmitting quotation . 6.0 QUALIFICATIONS OF BIDDERS To demonstrate qualifications to perform the Work, each Bidder must be pre pared to submit within five days of City's request, written evidence, such as financial data , previous experience, present commitments and other such data as may be called for below. Eac h Bid must contain evidence of th e Bidder's qualifications to do business in the State of Texas or covenant to obtain s uch qua I ification prior to award of the contract. In determinin g a bidder's qualifications , the following factors will be considered: A. Work previously co mpleted by the bidder and whether the bidder: !TB 15-013 Normand Drive Sidewalk Project Page 7 a. maintains a permanent place of business, b . has adequate plant and equipment to do the work properly and expeditiously, c. has paid or settled all claims for payment promptly, d. has appropriate technical experience, e . has job references for work of similar size and scope to the project bid herein; and f. satisfactory performance and completion of public, or comparable, projects . B. The safety record of the Bidder, of the corporation , partnership, or institution represented by the Bidder, or of any one acting for such firm , corporation, or partnership . Each Bidder may be required to show that he has properly completed similar type work and that no claims are now pending against such work . No bid will be accepted from any bidder who is engaged in any work that would impair his ability to fully execute, perform or finance this work. The General/Sub-Contractors Experience Data Sheet following the proposal must be filled out and submitted with the bid for consideration. Failure to include a completed Data Sheet may result in the rejection of the bid. 7.0 EXAMINATION OF CONTRACT DOCUMENTS AND SITE A . It is the responsibility of each Bidder before submitting a Bid, to: a. examine the Contract Documents thoroughly, b . visit the site to become familiar with local conditions that may affect cost, progress, performance or furnishing of the Work, c. consider federal , state and local Laws and Regulations that may affect cost, progress, performance or furnishing of the Work, d. study and carefully correlate Bidder's observations with the Contract Documents, and e. notify Owner's Representative of all conflicts, errors or discrepancies in the Contract Documents. f. visit with local utilities, including cable companies, and other entities that may have underground or above-ground infrastructure in the work area for infrastructure location. B. Information and data reflected in the Contract Documents with respect to underground facilities at or contiguous to the site is based upon information and data from the Owner's files for its underground facilities and information and data furnished by owners of other underground facilities . Owner does not assume responsibility for the accuracy or completeness thereof. C . Before submitting a Bid each Bidder will be responsible to make or obtain such explorations, at bidders expense and not to be added into cost of bid if accepted (tests and data concerning physical conditions -surface, subsurface and underground facilities -at or contiguous to the site , or otherwise) which may affect cost, progress, performance or furnishing of the Work and which Bidder deems necessary to determine its Bid for performing and furnishing the Work in accordance with the time, price and other terms and conditions of the Contract Documents . D. On request in advance, Owner will provide each Bidder access to the site to conduct such explorations and tests as each Bidder deems necessary for submission of a Bid. Bidder shall fill all holes , clean up and restore the site to its former condition upon completion of such explorations. !TB I 5-0 I 3 No rmand Drive Sidewalk Proj ect Page8 E . The lands upon which the Work is to be performed, rights-of-way and easements for access thereto and other lands designated for use by Contractor in performing the Work are identified in the Contract Documents. All additional lands and access thereto required for temporary construction facilities or storage of materials and equipment or disposal of spoil are to be provide by Contractor. Contractor is responsible for obtaining all permits required for any of the before mentioned purposes prior to beginning work in accordance with the Standard Form Of Agreement, paragraph 35 Permits and Licenses. F. The submission of a Bid will constitute an incontrovertible representation by Bidder that Bidder has complied with every requirement of this section, that without exception the Bid is premised upon performing and furnishing the Work required by the Contract Documents and such means, methods, techniques , sequences or procedures of construction as may be indicated in or required by the Contract Documents, and that the Contract Documents are sufficient in scope and detail to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work. No pleas of ignorance of conditions that may be encountered in their execution of the Work under this contract, that is a result of failure to make the necessary examinations and investigations herein above indicated, will be accepted as an excuse for the failure or omission on the part of the Contractor to fulfill in every detail all the requirements of the Contract Documents . In no event shall a claim for extra compensation or for an extension of time be allowed for failure to thoroughly examine all requirements of Contract Documents. 8.0 INTERPRETATIONS and ADDENDA All questions about the meaning or intent of the Contract Documents are to be directed to the City Purchasing Department. Interpretations or clarification considered necessary by Owner's Representative in response to such questions will be issued by Addenda and mailed or otherwise delivered to all parties recorded by Owner's Representative as having received the Bidding Documents. Questions received less than 48 hours prior to opening of Bids will not be answered. Only questions answered by a formal written Addenda will be binding. No oral and other interpretations or clarification will be considered official or binding. Addenda may also be issued to modify the Bidding Documents as deemed advisable by the City . To properly qualify his bid , each Bidder shall , prior to filing his Bid , check the receipt of all Addenda or letters of clarification issued and acknowledge such receipt on the Proposal Form or on a separate attachment to the bid. Bids without such acknowledgment of all issued Addenda and letters of clarification may cause your bid to be considered non-responsive. Such Addenda and letters of clarification shall become a part of the executed contract and modify the contract documents accordingly . 9.0 BID SECURITY Bidders must submit with their Bids a Cashier's Check or a Certified Check in the amount of five (5 %) percent of the maximum amount of Bid payable without recourse to the City of College Station , Texas , or a bid bond in the same amount from a surety company holding permit from the State of Texas to act as a surety , as a guarantee that Bidder wi ll enter into a contract and execute bond and guarantee forms within fifteen (15) days after notice of award of contract. Bids without checks , as stated above , or acceptable bid bond may not be considered. !TB 15-0 13 No rm and Drive Sidewalk Project Page 9 Bid Security shall be in effect from the opening of the Bid and will be retained until a Bidder has executed the Agreement and furnished the required contract security, whereupon the Bid Security will be returned. A Bidder may withdraw its Bid at any time until the Agreement is signed. However, it will forfeit its Bid Security in doing so if no material mistake was made in the Bid. The Bid Security of the Successful Bidder will be retained until such Bidder has executed the Agreement and furnished the required contract security, whereupon the Bid Security will be returned. If the Successful Bidder fails to execute and deliver the Agreement and furnish the required contract security within fifteen (15) days after the Notice of Award, Owner may annul the Notice of Award and the Bid Security of that Bidder will be forfeited. The Bid Security of other Bidders whom Owner believes to have a reasonable chance of receiving the award may be retained by Owner until 5 days after the Agreement is executed whereupon Bid Security furnished by such Bidders will be returned. Bid Security with Bids which are not competitive will be returned within seven days after the Bid opening. 10.0 CONTRACT TIME The times for Substantial Completion and Final Completion are set forth in the Special Provisions and will be included in the Agreement. It will be necessary for the Successful Bidder to satisfy City of Bidder's ability to achieve Substantial Completion and Final Completion within the times designated in the Special Provisions. 11.0 LIQUIDATED DAMAGES TIME IS OF THE ESSENCE IN THIS CONTRACT. Failure to meet Substantial or Final Completion dates will result in damages to the city in an amount specified in City's Standard Form of Agreement, Item 23. 12.0 SUBSTITUTE OR "OR EQUAL" ITEMS The materials and equipment described in the Bidding Documents establish a standard of required function , dimension , appearance and quality to be met by any proposed substitution. No substitution will be considered unless written request for approval has been submitted by the Bidder and has been received by Owner's Representative at least seventy-two (72) hours prior to the date for receipt of Bids or until after the contract for the work has been signed. Each such request shall include the name of the material or equipment for which it is to be substituted and a complete description of the proposed substitute including drawings , cuts, performance and test data and any other information necessary for an evaluation. A statement setting forth any changes in other materials, equipment or work that incorporation of the substitute would require shall be included . The burden of proof of the merit of the proposed substitute is upon the Bidder. The Owner's Representative's decision of approval or disapproval of a proposed substitution shall be final. If Owner's Representative approves any proposed substitution before the date for receipt of bids , such approval will be set forth in an Addendum issued to all prospective Bidders. Bidders shall not rely upon approvals made in any other manner. 13.0 BID FORM The Bid Form is included with the Bidding Documents ; additional copies may be obtained from the Purchasing Department, City of College Station, 1101 Texas A venue, College Station, Texas 77840 . All blanks on the Bid Form must be completed m ink or by typewriter. Unfilled blanks may result in the bid being disqualified. !TB 15-0 13 No rm and Drive Sidewalk Project Page 10 Bids by corporations must be executed in the corporate name by the corporate officer authorized to sign for the corporation, accompanied by evidence of authority to sign . The corporate address and state of incorporation must be shown below the signature. Bids by partnerships must be executed in the partnership name and signed by a partner, whose title must appear under the signature and accompanied by evidence of authority to sign. The fiscal address of the partnership must be shown below the signature. All names must be typed or printed below the signature. The Bid shall contain an acknowledgment of receipt of all Addenda . The numbers and dates of which must be filled in on the Bid Form or on a separate attachment to the Bid . The address and telephone number(s) for communication regarding the Bid must be shown . All of the data on the GENERAL/SUB-CONTRACTORS EXPERIENCE AND DA TA INFORMATION sheet must be completely filled in. 14.0 SUBMISSION OF BIDS A Bid shall be submitted at the time and place indicated in the Advertisement. It shall be enclosed in an opaque sealed envelope, marked with the project title , name and address of the Bidder. The Bid shall be accompanied by the Bid Security and other required documents . If the Bid is sent through the mail or other delivery system the sealed envelope shall be enclosed in a separate envelope with the notation "BID ENCLOSED" on the face of it. Each Bidder should , prior to filing his Bid check the receipt of all Addenda or letters of clarification issued and acknowledge such receipt on the outside of the envelope containing his Bid proposal. 15.0 MODIFICATION AND WITHDRAWAL OF BIDS Bids may be modified or withdrawn by an appropriate document duly executed, in the described manner that a Bid must be executed and delivered to the place where Bids are to be submitted at any time prior to the opening of Bids . If prior to the award of the contract by the City Council , any Bidder files a duly signed , written notice with Owner's Representative and promptly thereafter demonstrates to the reasonable satisfaction of Owner's Representative that there was a material mistake in the preparation of his Bid , that Bidder may withdraw his Bid and the Bid Security will be returned . Thereafter, that Bidder will be disqualified from further bidding on the Work to be provided under the Contract Documents. 16.0 OPENING OF BIDS Properly prepared Bids will be opened publicly and read aloud. A summary of the amounts of the base Bids and major alternates (if any) will be made available to Bidders after the opening of Bids . A tabulation of the Bids which are read will be available upon request as soon as it has been assembled and verified. Bids received after the specified time of the opening will be returned unopened. !TB I 5-0 13 No rm and Drive S idewa lk Project Page 11 17.0 BIDS TO REMAIN SUBJECT TO ACCEPTANCE All bids will remain subject to acceptance, for 90 days after the date of the Bid opening, but Owner may, in its sole discretion , release any Bid and return the Bid Security prior to that date. 18.0 AWARD OF CONTRACT Owner reserves the right to reject any and all Bids, to waive any and all informalities and irregularities not involving price , time or changes in the Work and to disregard all non- conforming, non-responsive , unbalanced or conditiona l Bids. Also , Owner reserves the right to reject the Bid of any Bidder if Owner believes that it would not be in the best interest of the Project to make an award to that Bidder, whether because the Bid is not responsive or the Bidder is unqualified or of doubtful financial ability or fails to meet any other pertinent standard or criteria established by Owner. Discrepancies in the multiplication of units of Work and unit prices will be resolved in favor of the unit prices. Discrepancies between the indicated sum of any column of figures and the correct sum thereof will be resolved in favor of the correct sum . In evaluating Bids , Owner will consider the qualifications of the Bidders , whether or not the Bids comply with the prescribed requirements, time of construction , and such alternates , unit prices and other data, as may be requested in the Bid Form or prior to the Notice of Award. Owner may consider the qualifications and experience of subcontractors , suppliers , and other persons and organizations proposed for those portions of the Work as to which the identity of subcontractors , suppliers , and other persons and organizations must be submitted as provided . Owner may also consider the operating costs , maintenance requirements , performance data and guarantees of major items of materials and equipment proposed for incorporation in the Work when such data is required to be submitted prior to the Notice of Award. Owner may conduct such investigations as Owner deems necessary to assist in the evaluation of any Bid and to establish the responsibility, qualifications and financial ability of Bidders, proposed subcontractors, suppliers and other persons and organizations to perform and furnish the Work in accordance with the Contract Documents to Owner's satisfaction within the prescribed time . If the contract is to be awarded, it will be awarded to the lowest responsible Bidder whose evaluation by Owner indicates to Owner that the award will be in the best interests of the Project. If the contract is to be awarded , Owner will give the Successful Bidder a Notice of Award within 90 day s after the day of the Bid opening. Bid prices ma y be compared after adjusting for differences in the time designated in the Bid for Substantial Completion. The adjusting amount w ill be determined at the rate set forth in the Standard Form of Agreement for liquidated damages indicated for Substantial Completion for each day after the desired date appearing in City's Standard Form of Agreement, Item 23 . 19.0 CONTRACT SECURITY Paragraph 28 BOND PROVISIONS of the Standard Form of Agreement set forth Owner's requirements a s to performance and payment Bonds. When the Successful Bidder delivers the executed Agreement to Owner, it must be accompanied by the required performance and payment Bonds . !TB 15-0 13 Normand Drive Sidewa lk Proj ec t Page 12 20.0 SIGNING OF AGREEMENT The Successfu l Bidder shall execute the Contract and pro v ide proof of insurance as deta iled in the Standard Form of Agreement based on Staff recommendation prior to Council action. Within 15 da ys of Council approval , a ll required Bonds sha ll be delivered to Owner. A fully executed contract w ill be presented to Successful Bidd er wit h a City of Co ll ege Station Purchase Order. 21.0PERSONALINTEREST College Stat ion City Charter Article XII : General Provisi on; Section 116 . Members of the City Council and officers and employees of the City shal l comply with state law pertainin g to conflicts of interest of local government officials, including TEXAS LOCAL GO VERNMENT COD E, Chapter 171. ****************************************************************************** Report Fraudulent Activity The City of Colle ge Station is committed to deterring fraud and maintaining integrity throughout our organization. Our City Auditor's Office has established a Fraud Hotline to anonymously report what is believed to be unethical behavior by calling (877) 874-8416 or by submitting a report online at www.cstx.alertline.com . The City of College Station 's Fraud Hotline extends only to City of College Station municipal government programs or operations. Any act ivity invol v in g private business or other non-municipal governmental agencies should be reported to the appropriate authorities . ****************************************************************************** !TB 15-013 No rm and Drive Sidewalk Proj ect Page 13 CONTRACTOR'S PROPOSAL !TB 15-013 No rm and Drive S idewalk Project Page 14 Item Otv Base Bid 1 1 2 I 3 I 4 680 5 30 ---6·. ----3 0 7 4,450 8 30 9 4 JO 6 I l I 12 2 13 2 14 15 Unit LS LS EA SY SY -SY-· CONTRACTOR'S PROPOSAL ITB NO. 15-013 Descrintion Unit Cost Mobilization I Demobilization $·/'Ii.to 'lO Traffic Control Implementation $ ·-a 31 ~ Relocate existing stop sign and pole $ I ~..5 Grass Sod Replacement (Bermuda) $ -~ o5 Demo existing sidewalks (includes '1 f G:,'O sawcutting, removal, hauling, and $ disoosal) ·flerno-e?Cisting-privatc-driveway-apro •• (includes-sawcutting, removal , hauling, $ --and disoosal) Lf~C,0 Construct 4" min . thickness reinforced SF concrete sidewalks (includes grubbing $ t> 3!P and ground preoaration) Construct 4" min. thickness reinforced 15: SY concrete residential driveway crossing $ ;)o and apron (includinlt 5' radii with curbs) Construct A .D.A. Ramp SWJ-00 EA (includes grubbing and ground $ ~SI loreoaration) Construct A.D.A. Ramp SW3-05 EA (includes grubbing and ground $ ?:>'5/ I preparation) Construct Parallel Handicap Curb Ramp EA (includes grubbing and ground $ '?>1 ~ loreoaratioa) EA Demo top of existing manhole and $ 32-y construct new ton to match finished 1m1de Rei:nove 2' of existing curb and gutter and EA construct 1' of laydown curb and gutter. $ (.,~ Tie-in to existing curb and gutter with 6 11 a l'f transition on each side of lavdown curb. Remove existing laydown curb and gutter and construct new curb and gutter 71 LF (includes grubbing, ground preparation, $ i:) and tie-in to existing curb and gutter and concre te aoron ). TOT AL BASE BID $ "'.l ~J Total $ "l'MD ~ $ a,:'::> I (e:, $ /.$5 $ J?-'g $ 14 5'~ I $-rc1-s-f---Ii $ l~/15;l $ q C}tf s~ $ l':t oi l $ ~\O(p l $ 'b1~ $ {;'1~ $ Y a'i ~/' $ ~ ZDG. SS' 3eo)ltd-L '"\'O~ I u b ' (A lternates continued on next page) /TB 15-01 3 Norma nd Drive S idewa lk P roject Addendum 2 Page 3 2~ Alternate Bid A -Street Crossine Replacement Demo ex.isting street crossings as shown & ;) AP Al 140 SY in the plans (includes sawcutting, $ ~ q l'P $ removal hauling, and disoosal) '-!,(] A2 105 SY Construct 6" min. thickness flexible base $ 0 14 I $ 1ooq .os crushed limestone A3 105 SY Construct 2" min . thickness hot mix $ ' ';). $ ~1csy.~o asphaltic concrete pavment ~Os Construct concrete curb and Gutter and A4 35 SY 6" min. thickness reinforced concrete $ '5., I( $ a o ~ . ?1? apron TOTAL ALTERNATE BID A $ ·14-f f · 3S TOTAL BASE nm+ ALTERNATE BID Al s . , ,. t , a 11 • sa I Lt+ ~ 2XZ. , Go ' Total 11umber of calendar days to substantial t:omp·letiou~ 60 Days Number of Addenda Is hereby acknowledged: --~cX------ !TB I 5-01 3 Normand Drive S idewalk Pr oject Page 4 Addendum 2 CONTRACTOR DATA SHEET /TB 15-013 Normand Drive Sidewalk Projec t Page 17 GENERAL/SUB-CONTRACTOR'S EXPERIENCE AND DATA INFORMATION Name of Company: _____ V_vz...;X~~C~M~C\12A.~_c..:n_ti_N--+l-w__-~c_~------- Company Years in Business : _______ ±...£---1--j'""'<'_~ ________ _ List Municipal Projects (Similar Projects in Size and Scope Completed in Last Five Years) Project Municip ality $Amount Type Date ~ \\l \l. { l 11 ~ Superintendent & Project Manager Infonnation Include Superintendent proposed for the project, years of experience as superintendent, project manager proposed for the project, and years experience as project manager Superintendent Years Experience Projects .J~f_, ~ t,\,a.,.~ M f);. "tl lQ \.l (!,(l,('S. <;.'i'...~ A=-t,-;,,~.~ t2..f'.~m.S- I - Proj ect Manager Years Experience Projects O A J IL ,..,ni...~rJ 1 8~~.s $£:'2:; Pttj~() \U-$;\.11\<l.E:.J I /TB 15-013 Normand Drive Sidewalk Project Page 18 References : Name 5 projects of similar work, giving owner's name, representative 's name, project engineers name, and telephone numbers for each \Q\Q ~ftyt 4 · C!Vl 2-f'. CJ>\\ U"E S""T1'n1o~ l !TB 15-013 Normand Drive Sidewalk Project Cm , ' ),i pi \ q9 j cz, r:; csw. '?l oy c t 'l"l'lj ao"l-/lo\ C;Wtyz..lU fV\ lC.AAlk,U) I G z... q,~i '1(9'-\ -31l!~ I ~W\ I (..\.\flo<\...'t-W \C...Z..<? L)JlS ·@jO v Page 19 RACHEL BENING HENDERSON PHONE : 979 .204.7999 •E -MAIL: RHENDERSON@VOXTX .COM 1118 ASHBURN AVENUE• COLLEGE STATION, TX 77840 PROFESSIONAL EXPERIENCE VoX Construction, LLC July 2010 to Present VoX Constrnction, LLC is a minority, woman-011med small business ojftn"ng general contracting seroices to commercial, edu catio nal/ institutional, medical/ lab facilities and residential customers in the Brazos Valley. Manager, President Bryan, TX Focuses on solic iting clients, marketing, promotion and all daily aspects of the business and business development. Also responsible for preparation of contract documents, procurement, project document review and administrative support for VoX Construction. TEXAS A&M UNIVERSITY -Facilities Services March 2008 to July 2010 Texas A & M University Facilities Services (former!J Pf?ysical Plan t) provides sefe, functional facilities and utilities allowing the members of the Texas A & M U niversity System located in College S talion to peiform their missions in an environment of excellence. }acilities Seroices has approximate!J 420 empl<!Jees and an annual budget of $53 m:Jlion. Assistant Director of Construction-& Renovation-----------------{-ollege-Station-, Bf--- Administe r construction and renovation prrjects across College Station campus Manage over 120 employees with an annual operating budget of more than $34 million. Direct the work of four Senior Project Managers and the Superintendent for Construction & Renovation, conducting more than 80 active projects simultaneously. Administer work requests from university clients; balancing customer needs/wants with university procedures and regulations. Maintain small-scope project compliance and ensure successful project completion within defined budgets. Evaluate delivery methods for construction operations. Planned and instituted re-organization of construction and renovation group, implementing new reporting structure and updating process es and procedures with best in industry practices. Coordinate pre-construction planning, construction, and completion processes with design team, contractors, and University administration. Provide construction progress reports to Director for Facilities and Vice President of Facilities . Serve on Texas A&M University Design Review Board-advising University administration on the future construction and expansion of the Texas A&M College Station campus. BRYAN INDEPENDENT SCHOOL DISTRICT April 2005 to March 2008 On February 26, 2005, City of Bryan voters approved a $104.25 mi/Jion Bryan ISD Bond Referendum consisting of two propositions. Proposition I, at 198. 7 5 million , was to provide fo r the co nstruction of a secon d high school in the distri ct, a fo urth middle school, and a new elementary school, as well as renovates and upgrade eleven other campuses and facilities. Proposition II, at $5.5 million, was to pro vide for a natatorium , a gymnastics competition facili!J, and repairs and renovations to Viking Field House and athletic complex. Director of Construction Bryan, TX 1104.25MM mu ltiple building constru ction and renovations Manage up-to $93MM concurrent construction and renovation projects, 10c1uding the currently in -progress buililiog of the $5 1MM Rudder High School and the $21MM Middle School. Supervised the two-year construction of and transition to a new $11MM Bonham Elementary School in August 2007. Administer design guidelines and outline specifications; and ensure on-going communication between all parties. Develop timelines and critical path scheduling, including phasing to facilitate ongoing school activities. Create requests for qualifications and requests for proposals. Instituted grading sys tem for the evaluation of proposals and qualifications within state criteria. Orchestra te consultant and contractor selection, as well as review and negotiate contracts for professional services. Coordinate pre-construction planning, construction, and completion processes with design team, contractors, and school ad.ministration. Oversee on-site construction observations and attend jo b site progress meetings, conducting regular reviews of schematic, design, and construction documents. Review payment applications and change order requests, and approve for payment. Maintain communications with Chief Financial Officer regarding project budgets and projected costs for future bond planning. Provide construction progress reports to Bryan ISD School Board and administration. Facilitate building startup and commissioning, including furniture, fixtures, and equipment buy-out. Coordinate training of building users and maintenance staff on use of building systems. • ALPHA BUILDING COMPANY July 2001 to April 2005 Alpha Building Corporation iJ a woman -owned Texas General Contractor. Since 1969, Alpha has peiformed Constmction Services for the military, the private sector, municzpalities, and educational institution s throughout the southern United States. Alpha was under a Work Order Requirements Contract with Texas A&M University. Work was accomplished by issuing individual ':Job orders " for each project ranging in size and scope .from $2,000 to 1500,000. Project Engineer College Station, TX T exas A&M Univ ersiry-Work Order Requirements Contract Oversaw estimating team that achieved a company record $10 million in work contracted during the 2004-2005 fiscal year. Served as the customer liaison performing job walks and defining scope of work to be performed- identifying building requirements, specifying appropriate materials and equipment, selecting qualified subcontractors, and preparing bid packages. Monitored project costs, enforcing expenditure controls, and ensuring WORC contract exceeded State of Texas HUB requirements and reporting. Managed numerous projects, including the $706,000 renovation of the Cain residence hall into a multipurpose office building. GILBANE BUILDING COMPANY November 1997 to April 2001 Based in Providen ce, Rhode Island, Ci/bane is a national(y leading commenial general contractor in the development of education, health can:, and government buildings. In the y ear 2000, Engineering N ews 'Record ranked the compa'!Y fifth among general building contractors in the United States with $2.2 billion in annual re venues. Project Controls Manager Tomball, TX ~~~~~___,_,,'f11.kaU..L~kge..=...l.1.1lY[M_adm1W.!LtllldJ:m01ltl~011~~~~~~~~~~~~~~~~~~~~~~~~~­ Im pl em en t ed a contractor quality control program that reduced cost overruns and schedule delays. Reviewed and approved contractor's pay requisitions. Processed contract amendments, back charges, and purchase orders. O versaw material deliveries and presented routing material status reports. Assistant Project Controls Manager Bedford, TX HEB Junior High and Elementary S ch ools -$1 JMM addition and renovation Performed drawing reviews and audited specifications. Coordinated subcontractors and scheduling of project activities. Sup ervised project bid packages, invitations to bid, and all proposal documents . Negotiated contractor scope reviews. Office Engineer Bryan, TX Bryan High School Project-$30MM addition and renovation Sup ervised on-site operational management of project, ensuring client objectives and architect intentions were surpassed. Streamlined coordination between superintendents and contractors to better meet project goals, deadlines, and budget restraints. EDUCATION B.S. in Construction Science Texas A&M University, College Station, TX SKILLS INV EN TORY Proficient with the following industry tools: J.D. Edwards Accounting System; Prolog Manager; SureTrack Scheduling Software; Facility Focus Estimating Software; AIA Standard Documents; Finance Plus Accounting system ; Microsoft Office applications; MS Outlook and FirstC!as s Electronic mail systems. R EFE R ENCES Professional and personal references available upon request. 1997 6025 JC Long Bryan , TX, 77807 979 -739 -3868 m hernandez@voxtx.com Jose Manuel Hernandez Experience Certifications 2012-Present VoX Construction, LLC Project Superintendent Superintendent of day-to-day construction operations Assists In project estimating and scope packaging College Station, TX Works closely with design professionals and owners to complete projects 2011 -2012 Eyeball Drywa ll 'ead Forman In charge of project schedule and critical path planning Quality control Responsible for project completion, closeout and punchlists. 2006-2011 Applied Finishes Lead Forman Accountable for on -site safety program Responsible for material deliveries and installation Reviewed project documents for completeness 2004 -2006 Star Craft Drywall Carp enter Installation of metal stud framing Large equipment operator Execute special architectural finishes CPR, AED and First Ai d Certification 2009 Forklift Operator Certification 2006 Swing Stage Certification 2004 Certified Boom Lift Operator 2001 Giddings, TX Houston, TX Houston, TX CERTIFICATION !TB 15-013 Normand Drive Sidewalk Project Page 20 CERTIFICATION OF BID The undersigned affirms that they are duly authorized to execute this contract, that this bid has not been prepared in collusion with any other bidder, and that the contents of this bid have not been communicated to any other bidder prior to the official opening of this bid. Additionally, the undersigned affirms that the firm is willing to sign the enclosed Standard Form of Agreement (if applicable). (\ 1 . Signed~~ Title: _'M'--'-'~~flrre_.__ ..... r,e.....=. _____ _ Phone No .: q ·J.tt, j JJr6 S -\ OSl(e Emai1 .:.-l=W ¥tGrt'~-&t=tz.'k--fx · Uff'.\ Company Name: \.) t:> )C Cer~.("'112M. C:tlo~ u..c.,., ' Fax No.: ___,$~(p=-&=-f-'/s'-4.?i=c;~· -_\..\~"l_.:=t_Cj~-- Bid Address:--~\~\ \~P>~k~t1-~S<J~· ·~rz,,-v~_Ai~z~i-l\.1.~<C:...~~Ll,_l_lU~£_. _~ __ o_µ_V":7 __ 1_1_~_'f o_ P.O . Box or Street City State Zip Order Address:-~::::::::::::::::'!. _______________________ _ P.O. Box or Street City State Zip Remit Addre s s :---'~!>.:=::~::::..._ _____________________ _ P .O . Box or Street City State Zip Federal Tax ID No .: a.., -?>041 lql? DUNS No.: C OC) 05<o "'2--CO..S. Date: \\.} ~ / &o1:.j END OF BID #15-013 !TB 15-013 Normand Drive Sidewalk Project Page 2 1 CONDITIONS OF AGREEMENT /TB 15-013 Normand Drive Sidewalk Project Page 22 CONDITIONS OF AGREEMENT CONTRACT DOCUMENTS STANDARD SPECIFICATIONS FOR CONSTRUCTION--CITY OF COLLEGE STATION The City of College Station has adopted standards for streets and water and sewer construction. These City standards are hereby made a part of these technical specifications. Copies of the City 's most recent edition of the "B/CS Unified Water and Sewer Specifications" and the most recent edition of the City's "Standard Specifications for Street Construction" may be purchased from Development Services office at 110 I Texas Avenue in College Station. Any discrepancies between the City standards and these specifications shall be clarified per the instructions in Paragraph 8 .0, "INTERPRETATIONS AND ADDENDA " in the instructions to Bidders . GENERAL CONDITIONS OF AGREEMENTS The Standard Form of Agreement between Owner and Contractor shall be governing conditions of this contract. SPECIAL PROVISIONS OF AGREEMENT A . USE OF THE SPECIFICATIONS: These specifications shall be used in conjunction with the City of College Station 's Standard Specifications of Water and Sewer Construction and Street Construction as outlined above. B. MEASUREMENTS: All work not specifically set forth as a pay item in the Proposal shall be considered a subsidiary obligation of the Contractor and all costs in connection therewith shall be included in the various unit prices listed in the Proposal. C. QUANTITIES: Where unit quantities are shown on each bid item of the Proposal , they shall be construed to represent approximate quantities of Work to be completed. Final quantities will be determined by measurement on the site of the completed Work. Work performed outside of specified limits will not be included in final measurement. Bidders are hereby notified that no incidental items of the Work will be paid for unless it is listed in the Proposal form as a pay item . D. EXPLOSION , COLLAPSE AND UNDERGROUND HAZARDS (XCU): Contracts where trenching depths exceed twelve (12) feet shall require additional coverage for the following General Liability hazards: !TB 15-0 13 Normand Drive Sidewa lk Pr oject Pa ge 23 Explosion Collapse Underground Applies to blasting operations Applies to excavation and grading work adjacent to structure Applies to excavation, burrowing, trenching, tunneling , etc . For example, severing an electrical line during excavation operations . An additional premium may be assessed by contractors insurance provider. Successful contractor is responsible for assessing depth based on plans and specifications contained herein. TRAFFIC CONTROL The Contractor shall submit to the City Engineer a traffic contro l plan for each public right-of- way he enters prior to the pre-construction meeting. This plan shall be in conformance to the Texas Manual on Uniform Traffic Control Devices. Once reviewed , the plans will be returned to the Contractor with comments. Approved Traffic Control Plans shall be in the possession of the contractor on site during all work within the designated right of way . CONTRACT FORMS, BONDS AND CERTIFICATES The Standard Form of Agreement bond forms listed below will be made a part of the executed contract documents and are made a part of these specifications: CITY OF COLLEGE STATION STANDARD FORM OF AGREEMENT BETWEEN THE OWNER AND THE CONTRACTOR PERFORMANCE BOND PAYMENT BOND These forms are not to be filled in by the bidder at the time of submitting his proposal. !TB 15 -0 13 Normand Drive S ide walk Proj ect Pa ge 24 ST AND ARD FORM OF AGREEMENT FOR CONSTRUCTION !TB 15-013 No rmand Drive Sidewalk Proj ect Page 25 CITY OF COLLEGE ST ATION STANDARD FORM OF CONSTRU CTION AGREEME NT CONTRACT NO. 15-041 This Agreement is entered into by and between the Ci ty of Coll e g e Station, a Texas home-rule municipal corporation (the "City") and Vox Construction, LLC , a corporation (t h e "Contractor"), for the construction and/or installation of Normand Drive Sidewalk Project. 1. DEFINITIONS 1 .01. Calendar Day . A "calendar day" is any day of the week or month, no days being excepted. 1.02. 1Jly. Whenever the word "City " is used, it sh all mean an d be understood as referring to the City of College Station, Texas . 1.03. Ci ty's Representative . Whenever the words "City's Representative" or "Representative" are used, it shall mean and be understood as referring to t h e Ci ty Manager or his delegate, who shall act as City's agent. The City's Representative may inspect and issue instructions but shall not directly supervise the Contractor. 1 .04 . Con tract Amount. The term "Contract Amou nt" shall mean the amou nt of Contractor's lump su m base bid proposal, together with all alternates, as accepted b y the City in accordance with the Contractor's Proposal. In the case of a unit price contract, Contract Amount shall mean the sum of the product of all unit prices times the respective estimated final quantities of work, for all base bid and alternates, as accepted by the City. 1.05 . Contract Documents. The term "Contract Documents " sh all mean those documents listed in Paragrap h 2.01. 1.06 . Contractor. Whenever the word "Contractor" is used, it shall mean the person(s), partnership, or corporation who has agreed to perform the work embraced in thi s Agreement and the other Contract Documents. 1.07. Extra Work. The term "Extra Work" shall mean and include work that is not covered or contemplated by the Contract Docu ments but that may be required by City 's R epresentative and approved b y the City in writing prior to the work being done by the Contractor. 1 .08 . Final Completion. The term "Final Completion" shall mean th at all the work has been completed, all final punch list items have been inspected and satisfactorily co m pleted, all payments to materialmen and subcontractors have been made, all documentation and warranties have been submitted, and all closeout documents have been executed and approved by the City. 1.09 . Interpretation of Phrases . W h enever the words "directed", "permitted ", "designated", "required", "considered necessary ", "prescribed", or words of like import are used, it is understood that the direction, requirement, permission, order, designation, or prescription of City 's Representative is intended . Similarly, t h e words "approved ", "acceptable ", "satisfactory", or words of li ke import sh all mean approved by, accepted by, or satisfactory to City's Representative. 1 .10 . Non conforming work. T h e term "nonconforming work" shall mean work or any part thereof that is rejected by City's Representative as no t conforming with the Contract Documents. 1.11 . Parties. The "parties" are the City and the Contractor. Form Revised on 7-10-12 Contract No . 15-041 Page I 1.12. Project. The term "Project" shall mean and include all that is required to obtain a final product that is acceptable to the City. The term "work" shall have like meaning. 1.13. Subcontractor. The term "subcontractor" sh all mean and include only those hired by and having a direct contact with Contractor for performance of work on the Project. The City shall have no responsibility to any subcontractor employed by a Contractor for performance of work on the Project, and all subcontractors shall look exclusively to the Contractor for any payments due. 1.14. Substantially Completed. The term "Substantially Completed" means th at in the opinion of the City's Representative the Project, including all systems and improvements, is in a condition to serve its intended purpose but still may require minor miscellaneous work and adjustment. Final payment of the Agreement Price, inclu ding retainage, however, shall b e withheld u ntil Final Completion and acceptance of the work by the City. Acceptance by the City shall not impair or waive any warranty obligation of Contractor. 1.15 . Work. The term "work" as used in this Agreement shall mean and include all that is required herein to obtain a final product that is acceptable to the City. The term "Project" shall have like meaning. This Project includes the following: Construction of a sidewalk on Norman Drive from Ponderosa Drive to Rock Prairie Road as detailed in Exhibit E and Invitation to Bid #15-013. This contract includes the base bid. and alternate bid A. 1.16. Working Day. A "working day" means any day not including Saturdays, Sundays, or legal holidays. 2. CONT RACT DOCU MENTS 2.01. The Contract Documents and their priority shall be as fo ll ows: 2.01.01. 2.01.02. 2.01.03. 2.01.04. 2 .0 1 .05. 2.01.06. 2.01.07. 2.01.08. 2.01.09 . This signed Agreement Addendum to this Agreement General Conditions Special Conditions Technical specifications Drawings Instructions to Bidders and any other notices to Bidders or Contractor Performance bond, Payment bonds, Bid bonds and Special bonds Contractor's Proposal 2.02. Where applicable, the Contractor will be furnished three (3) sets of plans, drawings, specifications, and related Contract Documents for its use during construction. P lans and specifications provided for use during construction shall be furnished directly to the Contractor only. 2.03. The Contractor shall distribute copies of the p lans and s pecifications to suppliers and subcontractors as necessary. The Contractor shall keep one (1) copy of the plans and specifications accessible at the work site with the latest revisions noted thereon . For proper execution of the work contemplated by this Agreement, additional sets of drawings, plans and specifications may be purchased by the Contractor. 2.04. All drawings, specifications, and copies thereof furnished by the City shall not be re-used on other work, and with the exception of one (1) copy of the signed Contract Documents, all documents, including sets of the plans and specifications and "as built" drawings, are to be returned to the City on request at the completion of the work. All Contract Documents, models, mockups, or other representations are the property of the City. In the event of inconsistencies within or between parts of the Contract Documents, Form Revised on 7-10-12 Contract No . 15-041 Page 2 the Contractor shall (1) provide the better quality or greater quantity of Work, or (2) comply with the more stringent requirement, either or both in accordance with the City's interpretation. The terms and conditions of this Clause 2 .04, however, shall not relieve the Contractor of any of the obligations set forth in Paragraphs 8.01. and 8.02. 3. AWARD OF CONTRACT 3.01. U pon the award of the contract by the City Council, the parties shall execute this Agreement, and the Contractor shall deliver to City's Representative all documents, bonds, a nd certificates of insurance required herein. 3.02. Time is of the essence of this Agreement. Accordingly, the Contractor shall be prepared to perform the work in the most expedient and efficien t possible manner in order to complete the work by the times specified in this Agreement for Substantial Completion and Final Completion. In addition, the Contractor's work on the Project shall be commenced on the date to be specifi ed in the notice to proceed. The notice to proceed may be given by oral notification or set by City's Representative at the post-contract award conference. The notice to proceed may not be given, nor may any work be commenced, until this Agreement is fully executed and complete, including all required exhibits and other attachments, particularly those required under Paragraphs 27 and 28 (Insurance & Bonds). 3.03. Contract Amount. Except in the event of a duly authorized change order approved by the City as provided in this Contract, and in consideration of the Contractor's final completion of all work in conformity with this Contract, the City shall pay the Contractor an amount not to exceed Forty Four Thousand Two Hundred Twelve and 60/100 Dollars ($44,212.60). 4. CITY'S REPRESENTATIVE 4 .01. The Contractor shall forward all communications, writte n or oral, to the City through the City's Representative . 4.02. The City's Representative may periodically review and inspect the work of the Contractor. 4.03 . The City's Representative shall appoin t, from time to time, such subordinate supervisors or inspectors as City's Representative may deem proper to inspect the work performed under this Agreement and ensure that sai d work is performed in accordance with the plans and specifications. 4.04. The Contractor sh all regard and obey the directions and instructions of City's Representative, any subordinate supervisors or inspectors appointed by the City provided such directions and instructions are consistent with the o bligations of this Agreement. 4.05. Should the Contractor object to any orders by any subordinate supervisor or inspector, the Contractor may, within two (2) d ays from receipt of such order, make written appeal to City 's Representative for his decision . Form Revised on 7-10-12 Contract No . 15-041 Page 3 5. INDEPENDENT CONTRACTOR 5.01. In all activities or services performed hereunder, the Contractor is an independent contractor and not an agent or employee of the City. The Contractor, as an independent contractor, shall be r esponsible for the final product contemplated under this Agreement. Except for materials furnished by the City, the Contractor shall supply all materials, equipment and labor required for the execution of the work on the Project. The Contractor shall have ultimate control over the execution of the work under this Agreement. The Contractor shall have the sole obli gation to employ, direct, control, supervise, manage, discharge, and compensate all of its employees and subcontractors, and the City shall have no control of or supervision over the employees of the Contractor or any of the Contractor's su bcontractors except to the limited extent provided for in this Agreement. 5 .02 . The Contractor shall retain personal control and shall give its personal attention to the faithful prosecution and completion of the work and fulfillment of this Agreement. The subletting of any portion or feature of the work or materials required in the performance of this Agreement shall not re li eve the Contractor from its obligations to the City under this Agreement. The Contractor shall appoint and keep on the Project during the progress of the work a competent Project Manager and any necessary assistants, all satisfactory to City's Representative, to act as the Contractor's representative and to supervise its employees and subcontractors . All directions given to the Project Manager shall be binding as if given to the Contractor. Adequate supervision by competent and reasonable representatives of the Contractor is essential to the proper performance of the work, and lack of suc h supervision shall be grounds for suspending the operations of the Contractor and is a breach of this Agreement. 5 .03 . Unless otherwise stipulate d, the Contractor shall provide and pay for all labor, materials, tools, equipment, transportatio n, facilities, and drawings, including engineering, and any other services necessary or reasonably incidental to the performance of the work by the Contractor. It shall be the responsibility of the Contractor to furnish a completed work product that meets the requirements of the City. Any additional work, material, or equipment needed to meet the intent of this specification shall be supplied by the Contractor without claim for a dditi onal payment, even though not specifically mentioned herein. 5.04. A ny injury or damage to the Contractor or the Project caused by an act of God, natural cause, a party or entity not privy to this Agreement, or other force majeure shall be assumed and borne by the Contractor. 6. DISORDERLY EMPLOYEES T h e Contractor agrees to emplo y only orderly and competent employees skillful in the performance of the type of work required, and agrees that whenever City 's Representative shall inform the Contractor in writing that any person or persons on the work are, in his opinion, incompetent, unfaithful, or disorderly, such person or person shall be discharged from the work and shall not again be re-employed on the site or the Project without City's Representative's written permission. 7. HOURS OF WORK The Contractor may work Monday through Friday from 7 a.m . to 6 p.m., ex clu sive of Saturdays, Sundays, or legal holidays. The Contractor may work overtime, weekends, and h oli days only when approved in advance by the City's R epresentative . The time for Substantial Completion shall not b e affec ted in any way by inclusion of this section or by the City's consent or lack of consent to work outside of the times specified in this Agreement. 8. NATURE OF THE WORK 8 .01. It is understood and agreed that the Contractor has, by careful examination, studied and compared the various D rawings and other Contract D ocuments, satisfied itself as to the nature and location of the Form Revised on 7-1 0-12 Contrac t No . 15-041 Page 4 work, the conditions of the ground a nd soil, the nature of any structures, the characte r, quality, and quantity of the material to be utilized, the character of equipment and facilities needed for and during the prosecution of the work, the time needed to complete the work, Contractor's ability to meet all deadlines and schedules required by this Agreement, the general and local conditions, including but not limited to weather, and all other matters that in any way affect the work under this Agreement. These obligations are for the purpose of facilitating construction by the Contractor and are not for the purpose of discovering errors, omissions, or inconsistencies in the Contract Documents; however, any errors, inconsistencies or omissions discovere d, or which reasonably should have been discovered by the Contractor shall be reported promptly to the City as a request for information in such form as the City may require. However, the Contractor shall not perform any act or do any work on the Project that places the safety of persons at risk or potentially d amages materials or equipment used in the Project, and the Contractor shall do nothing that would render any test or tests erroneous. 8.02. Any de sign errors or omissions noted by the Contractor during this review shall be reported promptly to the City, but it is recognized that the Contractor's review is made in the Contractor's capacity as a contractor and not as a licensed design profes sional unless otherwise specifically provided in the Contract Documents . The Contractor is not required to ascertain that the Contract Documents are in accordance with applicabl e laws, statutes, ordinances, building codes, and rules and regulations, but any nonconformity discovered by or whic h reasonably should ha ve been discovere d or made known to the Contractor shall be reported promptly to the City. 8 .03. If the Contractor fails to perform the obligations of Paragraphs 8.01. and 8.02., the Contractor shall pay such costs and damages to the City as would have be en avoided if the Contractor had performed such obligations. The Contractor shall not be liable to the City for damages resulting from errors, inconsistencies or omissions in the Contract Documents or for differences between field measurements or conditions and the Contract Documents unless the Contractor recognized or reasonably should have recognized such error, inconsiste ncy, omission or difference and knowingly failed to report it to the City . 9. POST-AGREEMENT AWARD MEETINGS 9 .01. Prior to the commencement of the work, the parties shall meet and attend a post-agreement award meeting at the time and place determined by City's Representa tive. At the post-agreement award meeting, the parties shall meet, discuss, and finalize all schedules, including commencement date, and/ or specifications submitted for review. No later than ten (10) days prior to the post-agreement award meeting, the Contractor shall submit to City's Representative the following documents: (a) Schedules of work contemplated, including the starting and ending date, as well as an indication of the completion of stages of work hereunder. (b ) The names and addresses of all proposed subcontractors in writing. (c) Schedules of the starting and ending dates of subcontractors and the scope of work contemplated for subcontractors. (d) Name, local office, phone number and addresses and, home phone numbers for the Contractor and its Proj ect Superintendent/Manager. (e) For construction projects, four (4) copies of all shop and/ or setting drawings or schedules for the submi ssion thereof. (f) Where applicable, materials procurement sc hedules an d material supplier names, addresses and phone numbers. Form Revised on 7-10-12 Contract No . 15-041 Page 5 9.02. The City's Representative, within five (5) working days after the initial post-agreement award conference or a ny other meetings, may submit minutes of the meeting to the Contractor. The Contractor shall thereafter have five (5) working days to review the minutes and make its objections, changes, or reductions thereto in writing. The Contractor shall th ereafter sign the minutes and promptly return them to City's Representative . Where there is disagreement, City's Representative will make the final determination. 10 . PROGRE SS O F WORK 10.01. Unless otherwise specifically provided, the Contractor shall prosecute its work at such time and sessions, in such order of precedence, and in such manner as shall be most conducive to the economy of the Project; provided, however, that the order and time of prosecution shall be such that the Project shall be Substantially Completed in accordance with this Agreement, the plans and specifications, and within the time of completion designated in the schedules agreed upon by th e parties. 10 .02. Further, the parties shall b e subject to the fo ll owing: (a) The Contractor shall submit a progress schedule and payment schedule of the work contemplated by this Agreement at the initial post-agreement award meeting and subsequent meetings . (b) City's Representative shall be entitled to make objections to the Contractor's schedule submitted herein. The Contractor shall promptly resubmit a revised schedule to City's Representative. (c) The Project Superintendent/Manager shall coordi nate its activities with City's Representative . If required by the City, the Contractor sh all provide a weekly schedule of planned activities, which may be reviewed on a daily basis . (d) The Contractor shall submit, at such time as may reasona bly be requested by City 's Representative, additional schedules that shall list the order in which the Contractor proposes to carry on the work with dates at which the Contractor will start the several parts of the work and the estimated dates of completion of the several p arts. (e) The Contractor shall attend additional meetings called b y City's Representative upon twenty- four (24) hours written notice unless otherwise agreed in writing by the parties . (0 When the City is having other work done, either by agreement or b y its own force, City's Representative may direct the time and manner of work done under this Agreement so that conflicts will be avoided and the various work being done by and for the City shall be coordinated. (g) In the event that it is determined by the City that the progress of the work is not in accordance with the approved progress and payment schedule, the City may so inform the Contractor and require the Contractor to take such action as is necessary to insure completion of the Project within the time specified. 10 .03. The process of approving Contractor's schedules and updates to Contractor's schedules shall not constitute a warranty by the City that any non-Contractor milestones or activities will occur as set out in the Contractor's schedules. Approval of a contractor's schedules does not constitute a commitment by the City to furnish any City-furnished information or material any earlier th an the City would otherwise be obligated to furnish that information or material under the Contract Documents . Failure of the Work to proceed in the seque nce scheduled by Contractor shall not alone serve as the basis for a Claim for additional compensation or time. In the event there is interference with the \,Vork which is beyo nd its control, Contractor shall attempt to reschedule the Work in a manner that will hold the additional time and costs beyond its control to a minimum. The Contractor shall monitor the progress of the Work for conformance Form Revised on 7-10-12 Contract No . 15-041 Pa ge 6 with the requirements of the construction schedules and shall promptly advise the City of any delay s or potential delay s. In the event any schedule indicates any delays, the Contractor shall propose an affirmative plan to correct the delay. In no event shall any schedule constitute an adjustment in the Contract Time, any Milestone Date or th e Contract Su m u nless any such a dju stmen t is agreed to by the Ci ty and authorized pursuant to Change Order. 10.04. Work Stoppa ge . If in the judgment of either the City or City's Representative any of the work or materials furnished is not in strict accordance with this Agreement or any portion of the work is being performed so as to create a hazardous condition, they may, in their sole discretion, order the work of the Contractor or any sub contractor wholly or partially stopped until any objectionable person, work, or material is removed from the premises . Such stoppage or suspe n sion shall neither invalidate any of the Contractor's performance obligations under this Agreement, inclu ding the time of performance and deadlin~s therefore, nor will any extra charge be allowed the Contractor by reason of such stoppage or suspension. 11 . SIT E CONDITIONS AND MANAGEMENT 11 .0 1 . Where the Con tractor is working aroun d or in existing structures, it sh all verify conditions at the site, including but not limited to, door openings and passages. Any items constructed or manufactured off- site or outside of buildings shall be done so that they are not too bulky for existing facilities. The Contractor shall provide special apparatus as required to handle any such items. All special handling equipment ch arges shall be at the Contractor's expense. Further, Contractor shall include in its price for the Work, all labor, materials, equipment and/ or engineering services required to protect the adjacent properties and/or structures from damage due to performance of the Work. 11.02. The Contractor shall be responsible for all power, light, and water required to perform the work. 11.03. Throughout the progress of the work, the Contractor shall keep the working area free from debris of all types, and remove from p remises all rubbish, res ul ting fro m any work being done by him. At the completion of the work, the Contractor shall leave the premises in a clean and finished condition. Any failure to do so may be remedied and charged back to the Contractor. 11.04. L ay out of Work. Except as specifically provided herein, the Contractor shall lay out all work in a manner acceptable to City's Representative in accordance with applicable City of College Station codes and ordinances. City's Representative will review the Contractor's layout of all structu.res and any other layout work done by the Contractor at the construction meeting, or at th e Contractor's request, but this review does not relieve the Contractor of the responsibility of accurately locating all work in accordance with the plan s and specifications. 11.05 . Lines and Gr a d es . All lines and grades shall be furnishe d b y the Contractor. Benchmarks and control stakes have been provided by the City's Representative. All benchmarks and control stakes shall be carefully preserved by the Contractor. In case of destruction or removal of the same by the Contractor, its subcontractors, or employees, su ch stakes, marks, etc. sh all be replaced by the Contractor at the Contractor's expense. If the Contractor fails to do so, the City may do so and charge back the Contractor. Additional construction staking as needed for the work, including lines and grades, shall be the sole responsibility of the Contractor, and the Contractor shall receive no extra time or compensation therefor. 11.06. Contrac t o r's Structures. The building or locating of structures for housing men or the erection of tents or other forms of protection will be permitted only at such places as City's Representative shall permit. The Contractor shall not damage the property where such struc tu res are allowed and shall at all times maintain sanitary conditions in and about such structures in a man ner satisfactory to the City. The City may charge the Contractor for any damage or injury to the City, its property, or third persons as a result of the loc a tion or use of such structures. Form Revised on 7-10-12 Contract No . 15-04 I Page 7 11.07 . The Contractor and any entity over whom the Contractor has control shall not erect any sign on th e Project site without the p rior written consent of the City. 11.08. Ci ty may have oth er work relate d to th e Project p erformed at the Projec t site during the time the Work is per formed. Con tractor should sc h edule its Work to coordinate with the work of other contractors and utilities with the und erstanding that some of that work may be performed at times other than as set o u t in the Contract Documents or as otherwise anticipa te d . City will endeavor to h ave such other work performed so as not to unduly inter fere with Contractor's performance when Contractor notifies City of specific reasonable nee d s well in advance of those n ee d s and w h ere it is possi bl e to do so. Alth ough Contractor should antici pate some d elays and interference to its sequence of Work because of work by other contractors and utilities, and will not be entitled to either an extension o f time or additional compensation because of them, in the event of sub stantial delay caused by another contractor or a utility, after advance notice of its needs by Con tractor, Contractor will b e entitled to make a claim for an extension of time as provided herein. 11.09. When two or more contractors, including Contractor, are employed on related or adjacent work or obtain materials from the same material source, or w h en work m u st be completed by one contractor before another can b egin, each shall conduct his operations in such a man ner as not to cause any unnecessary delay or hindrance to the oth er. Each contractor, including Contractor i f applicable, shall be responsible to the other for all damage to work, to persons, or to property caused to the other by his operations, and for loss caused the other due to unreasonable or unjustified delays or failure to finish the work or portions thereof, or furnish materials within the time requested. Should Contractor cause damage to the work or property of any separa te contractor at the Project si te, or sh ould any claim arising out of Contractor's separate contractor at the Project site, or sh ould any claim arising out of Contractor's performance of the Work at the Project site be made by any separate contractor against Contractor, City or other consultants, or any other person, Contractor shall promptly attempt to settle with such other contractor by agreement, or to otherwise resolve the di sp ute. Contractor s hall, to th e full e st extent p e rmitted b y applicable law s, indemnify and hold City h armless from and against all claims, d am ages, losses and e x penses (including, but not limited to, fe es of architects, attorn eys and other professionals and court costs) a ri s ing directly , indire ctly or consequentially out of any a ction, legal or equitable , brought by any s e p ara te contra ctor agains t City to the extent based on a claim arising out of Contractor's n e gligence . 12 . MA T E RIALS 12.01. Materials or work described in words that when so applie d have well-known technical or trade meaning sh all be held to refer to suc h recognized sta n dards . All work shall be done and all materials furnished in strict conformity with this Agreement, th e other Contract Documents, and recognized industry standards. When specific products, systems or items of equipment are referred to in the Contract Documents, any ancillary devices necessary for connecting the products, systems or items of equipment shall also be provided. \V'hen standards, codes, manufacturer's instructions an d guarantees are required by the Contract Documents, the current edition at the time of Contract execution shall apply, unless another edition is specified in th e Contract Documents. References to sta nd ards, codes, manufacturer's instructions and guarantees shall apply in full, except (1) they do not supersed e more stringent standards set out in the Contract D ocuments, an d (2 ) any exclusions or waivers that are inconsistent with the Contract Documents do not apply. 12 .02 . All materials sh all be approved by the City prior to purch ase by the Contractor. Unless otherwise specified h erein, the Contractor sh all p urc h ase all materials and equi pment outright and shall not subject the materials an d equipment utilized in the Project to any conditional sales agreement, bailment, lease, or other Form Rev ised on 7-10-12 Contrac t No . 15-041 Page 8 agreement reserving unto seller any right, title, or interest therein. Title to all materials, but not risk ofloss, shall pass to the City upon delivery to the Project. 12.03 . Where the City deems it necessary to supply materials, it may furnish to the Contractor the list of materials set forth in the attached "List of City Furnished Materials". Upon receipt of said materials, the Contractor shall immediately furnish to the City a written receipt. Moreover, the Contractor shall, on behalf of the City, accept delivery of the materials set forth in the attached "List of Materials Ordered by the City". Under such circumstances, the Contractor shall promptly forward to the City for payment the supplier's invoice together with the Contractor's receipt in writing for such materials . (a) Upon acceptance of the materials furnished or ordered by the City, the Contractor warrants that it shall properly handle, transport, store and safeguard the materials . (b) Further, the Contractor shall repair, repaint or replace any and all materials or any part thereof damaged or stolen while in its possession. Such materials are considered to be in the Contractor's possession from the moment the Contractor either accepts delivery of the materials or signs a receipt accepting delivery of said materials until the Project is accepted by the City's Representative . (c) Before transporting any of the materials furnishe d or ordered by the City, the Contractor shall establish to the City's satisfaction that it has obtained insurance against losses, theft, damage, equal to or greater than the amounts spent by the City in securing said materials. It shall be incumbent upon the Contractor to verify the cost of materials. (d) The City shall not be obligated to furnish materials in excess of the quantities, size, kind, and type set forth in the attached List of City Furnished Materials and List of Materials Ordered by the City. If the City furnishes, and the Contractor accepts, materials in excess thereof, the values of such exce ss materials shall be their actual cost as stated by the City . (e) Upon deli very, the Contractor shall promptly receive, unload, transport, and handle all materials and equipment on the List of Materials Ordered by the City at its expense and shall be responsible for all shipping costs. 12.04. M at eria ls and s u p p lies s h all b e new an d of goo d q u ality . Upon request, the Contractor shall supply proof of quality and manufacturer. No refurbished, reconditioned, or other previously utilized materials or supplies will be used without the prior signed authorization of City 's Representative . The Contractor may utilize substitutes of equal quality and function only upon the prior written authorization of the City's Representative . The City's Representative may require documentation as to quality and function, including manufacturer's specifications, to insure that the proposed substitute is equal to the required material or supply. The City's Representative shall have sole discretion over the use of substitute materials and supplies. Contractor shall bear the risk of any delay in performance caused by submitting substitutions. 12 .05. Only materials and equipment which are to be used directly in the Work shall be brought to and stored on the Project site by the Contractor. After equipment is no longer required for the Work, it shall be promptly removed from the Project site. Protection of construction material and equipment stored at the Project site from weather, theft, damage and all other perils is solely the responsibility of the Contractor. 13. EN T RY, OB SE RVAT ION, TEST ING & POSS E SSION 13 .01. The Ci ty re serves the right to enter the Project site or sites by such employee (s) or agent(s) as it may elect for the purpose of inspecting the work. The City further reserves the right to enter the Project site or sites for the purpose of performing such collateral work as the City may desire. Form Revised on 7-1 0-12 Contract No . 15-04 1 Page 9 13.02. The City's Representative shall have the right, at all reasonable times, to observe and test the work. The Contractor shall make necessary arrangements and provide proper facilities and access for such observation and testing at any location where the work or any part thereof is in preparation or progress. The Contractor shall ascertain the scope of any observation that may be contemplated by City's Representative and shall give ample notice as to the time each part of the work will be ready for observation. 13.03. The City's Representative may require Contractor to remove, dismantle, or uncover completed work. If the work is not in accordance with the plans, specifications, or other Contract Documents, the Contractor shall pay the costs of repair and restoration of the work required to be removed, dismantled, or uncovered. Unless Contractor is obligated to provide advance notice of inspection, prior to covering up the work, and fails to do so, if the work is in accordance with the plans, specifications, and other Contract Documents, the City shall pay the costs of repair and restoration of the work. 13.04. Ci ty shall have the right to take possession of and use any completed or partially completed portions of the Project prior to the time for completing the entire Project or such portions which may not have expired. The parties agree and understand that possession and use shall not constitute an acceptance of any work not completed in accordance with this Agreement. Further, insurance changes required to keep Contractor's insurance in effect shall be the responsibility of Contractor. 14. REJE CT ED WOR K 14.01. All work deemed not in conformity with this Agreement as determined by the City in its sole discretion, may be rejected by the City. City's Representative may reject any work found to be defective or not in accordance with the Contract Documents, regardless of the stage of the work's completion or the time or place of discovery of such defects or inconsistencies and regardless of whether City's Representative has previously accepted the work through oversight or otherwise. Neither observations nor inspections, tests, or approvals made by City's Representative, or other persons authorized under this Agreement to make such observations, inspections, tests, or approvals, shall relieve the Contractor from the obligation to perform the work in accordance with the requirements of this Agreement and the other Contract Documents . 14.02. If the work or any part thereof is rejected by the City, it shall be deemed by City's Representative as not in conformity with this Agreement. Any remedial action required, as set forth herein, shall be at the Contractor's expense, as follows: (a) The Contractor may be required, at the City's option, after notice from City's Representative, to remedy such work so that it shall be in full compliance with this Agreement. All rejected work or materials shall be immediately replaced in order to conform with this Agreement. (b ) If the City deems it inexpedient to correct work damaged or not done in accordance with this Agreement, an equitable deduction from the agreed sum may be made by the City at the City's sole discretion . 15 . SU BCONT RAC T ING & SU BCONTRACT OR S 15 .01 . The Contractor agrees that it will retain personal control and will give its personal attention to the fulfillment of this Agreement. The Contractor further agrees that subletting of any portion or feature of the work or materials required in the performance of this Agreement shall not relieve the Contractor from its full obligation to the City as provided by this Agreement. 15.02 . Subcontractors must be approved by City's Representative prior to hiring or beginning any work on the Project. If City's Representative judges any subcontractor to be failing to perform the work in strict accordance with the drawings and specifications, the Contractor, after due notice, shall discharge the same, but this shall in no way release the Contractor from its obligations and responsibility under this Agreement. Form Revi sed on 7-1 0-12 Contract No . 15-041 Page 10 Every subcontractor shall be bound by the term s and provisions of this Agreement and the Contract Documents as far as applicable to their work. The Contractor shall be fully responsible to the City for the acts and omissions of its subcontractors. Nothing contained herein shall create any contractual or employment relations b etween any su bcontractor an d the City. 16 . PAYMENT 16.01. The City stipulates that it is an exempt organization as defined by the Limited Sales, Excise and Use Tax Act and, as such, is exempt from th e payment of the sales tax on materials and supplies used in the performance of this Contract. The Contractor shall iss u e exemption certificates to its suppliers and Subcontractors in lieu of said sales tax for all such materials and su pplies, and said exemption certificates must comply with the State Comptroller's Ruling No. 95 -0.07 and shall be subject to the provision of the State Comptroller's Ruling No. 95 -0.0 9, effective October 1, 1969. 16.02 . Progress P ayment Applica tions. The Contractor shall su bmit appli cations for payment as provided for herein. Applications for payment will be processed b y City's Representative. Before the first Application for Payment, the Contractor shall submit to the City a schedule of values allocated to various portions of the Work, prepared in such form and supported by such data to substantiate its accuracy as the City may require . This schedule, unless objected to by the City, sh all be used as a basis for reviewing the Contractor's Applicatio n s for Payment. On or before th e 15 'h day of each month, the Contractor s hall submit to City's Representative, for a pproval or modification, a statement showing as completely as practicable the total value of the actual work performed by the Contractor and accepted by the City up to an d including the last day of the preceding month . The statement shall also include the value of all materials not previously submitted for payment whic h have been delivered to the site but have not ye t been incorporated into the work. 16.03 . Progress P ayments . On or before the 30th calendar day following the City's receipt of a progress payment application made in conformity with Paragraph 16.02, the City shall pay to the Contractor the approved amount of the progress payment based on the Contractor's applications for payment, and the recommendation and a pproval of City's Representative . Prior to Substantial Completion, progress payments will be mad e in an amount equal to the percentage of work completed by the Contractor and approved by the City, but in each case less the aggregate of payments previously made, less retainage, and less amounts as City's Representative shall determine and the City may withhold in accordance with this Agreement. Upon Final Completion, including the d elivery of all close out documents, such as "as built" drawings, warranties, guarantees, required additional materials, releases, operation and maintenance manuals, and acceptance of the work in accord ance with this Agreement,-th e City shall pay::tb emainder o(t:ll balance ue undei-his Agreement, less any:surns withh el:chlnder otne retm of this Agreemen ancl less th retainage, hie hall.be etaine o eriod o · 30} calen:da day o tlate of Fin al- C omple._tion Acceptance of retainage by Contractor shall constitute a Waiver and Release of all claims by Contractor. 16 .04. Reta inage . From each approved statement, th e City shall retain until final payment, ten percent (10%), where the full contract amount is less than $400,000.00, and five percent (5%), where the full contract amount is $400,000.00 or more. The City may also retain from each approved statement any other sums a uthorized under the terms of this Agreement. 16 .05. If the actual amount of work to be done and the m aterials to be furnis h ed differ from estimates and where the basis for payment is the unit price method, then payment shall be for the actual amount of accepted work done and materials furnished on the Project. 16 .0 6 . Reduction in the scope or q u antity of work on unit price items shall merely reduce the number of units . In th e event that materials have been delivered prior to notice of such reduction, the City will have the option ei ther to pay freight & transportation costs and any re-stocking charges actually incurred by the Form Revised on 7-10-12 Contract No . 15 -041 Page 11 Contractor or to purchase the materials. The Contractor shall never be entitled to anticipated or lost profits on the deleted or reduced portion of a job, whether bid on a unit price or lump sum basis . 16.07 . The Contractor shall have the sole obligation to pay any and all charges or fees and give all notices neces sary to and incidental to the lawful prosecution of the work hereunder. The Contractor shall not and shall have no authority whatsoever to obligate the City to make any payments to another party nor make any promises or representation of any nature on behalf of the City, without the specific written approval of the City . 16.08. The Contractor shall include in the Contract Sum all allowances stated in the Contract Documents. Items covered b y allowances shall be supplied for such amounts and by such persons or entities as the City may direct, but the Contractor shall not be required to employ persons or entities to whom the Contractor has reasonable objection. 16.09 . Unless otherwise provided in the Contract Documents: (a) allowances shall cover the cost to the Contractor of materials and equipment delivered at the site and all required taxes, less applicable trade discounts; (b) Contractor's costs for unloading and handling at the site, labor, installation costs, overhead, profit and other expenses contemplated for stated all owance amounts shall be included in the Contract Amount but not in the all owances; (c) whenever costs are more than or less than allowances, the Contract Amount shall be adjusted accordingly by Change Order. The amount of the Change Order shall reflect (1) the difference between actual costs and the allowances under Paragraph 16.9(a) and (2) changes in the Contractor's costs under Paragrap h 16 .9(b). 16 .10 . Su s p ension o f P ayme n ts . The City, at any time, may suspend monthly progres s payments on the work if it determines that the projected liquid a ted damages may exceed retainage . The City, at any time, may suspend monthly progress payments if it believes that the Contractor will not complete the work due to actual default or that the Contractor has represented or done some act that indicates that it will not complete the work in accordance with this Agreement or within the time period submitted in its bid. Provided, howev er, City is in no way obligated to Contractor's surety to withhold payment pursuant to the provisions of thi s Paragraph. 16 .11 . Withhold Funds. Regardless of any bond, the City may, on account of subsequently discovered evidence and in addition to the retainage withheld under Paragraph 16.04, withhold funds or nullify all or part of any acceptance or certificate to such extent as may be necessary to protect itself from loss on account of any of the following, or as otherwise provided in this Agreement: (a) (b ) (c) (d) (e) (f) (g) (h) Form Revi sed on 7-1 0-12 Contract No . 15-0 4 1 Defective work. Claims made or reasonable evidence indicating probable filing of claims by unpaid vendors or other third parties. Failure of the Contractor to make prompt payments to subcontractors for labor or material or materialmen. Claims made or reasonable evidence indicating claims will be made for damage to another by the Contractor. Claims made or reasonable evidence indicating claims will be made for damage to third p arties, including adjacent property owners . Claims made or reasonable evidence indicating claims will be made for unremedied damage to property owned by the City . City's determination of an amount of liquidated damages . Charges made for repairs to the Contractor's defective work or repairs made by the City to correct damage to other property . Page 12 (i) Other amoun ts authorized under this Agreement or under any other agreement made between City and Contractor. Provided, h owever, City is in no way o bligated to Contractor's su rety to withhold payment pursuant to the provisions of this Paragraph. 17. EXTRA WORK CHARGES 17 .01. No ch a nges shall be made, nor will bills for changes, alterations, modifications, deviations, and extra orders be recognized or paid for except upon the written order from authorized personnel of the City. 17.02. For "E xtra Work", as defined in Paragraph 1.07 and authorized through written change orders, and pursua nt to Section 252 .048 (d) of the Texas Local Government Code, the original contract price may not b e increa sed by more than twenty-five percent (25%). Written change orders that do not exceed twenty-five percent (25 %) of the original contract amount may be made or approved by t h e City Manager or his delegate if the change order is less than Fifty Thousand Dollars (150,000.00). Changes in excess of Fifty Thousand Dollars (150,000.00) must be approved by the City Council prior to commencement of the services or work. Any r e quests b y the Contractor for a cha nge to the Contract Amount shall b e made prior t o the b eginning of the work covered b y the propo sed change or the ri g ht to p aym e nt fo r E x t ra Work s h a ll b e waiv ed. No course of conduct or dealings between the parties, nor implied acceptance of alterations or additions to the Work or changes to the Contract schedule shall be the basis for any claim for an increase in compensation or change in time . Any cost incurred by Contractor in connection with any Extra Work shall be included in Contractor's requested change order and Contractor's failure to include any such cost shall act to Waive and Release any claim for such non included cost. 17.03 . The Contractor shall complete all work as specified or indicated in the Contract Documents . The Contractor shall complete all Extra Work in connection therewith. All work and materials shall be in strict conformity with the specifications. The Substantial Compl etion of the work sh all not excuse the Contractor from performing all the work undertaken, w h ether of a minor or major nature, and thereby completing the Project in accordance with the Contract Documents. In the event that the Contractor fails to perform the work as required for Substantial Completion or Final Completion, the City may contract with a third party to complete the work an d the Contractor shall assume and pay t h e costs of th e performance of the work as contracted. (a) It is agreed that the Contractor shall perform all Extra Work under the direction of City's Representative when presented with a writte n work order signed by City. (b ) N o cl a im for E x tra Work of any kind w ill b e allowe d unle ss ordered in w riting b y the City. In case any orders or instructions appear to the Con tractor to involve Extra Work for which i t should receive compensation or an adjustment in the construction time, it shall make written request to City's Representative for a written order from City auth orizing such Extra Work. (c) Should a differe n ce of opinion arise as to what does or does not constitute Extra Work, or as to the payment therefor, and the City insists upon its performance, then the Contractor shall proceed with the work after making written requests for written orders in a change order and shall keep adequate and accurate acco u nt of the actual field costs therefor, as provided under Meth od C. (d) It is also agreed that the compensation to be paid to the Contractor for performing Extra Work shall be determined by one or more of the following methods: Form Revised on 7-1 0-12 Contract No. 15-041 Method A -By agreed unit prices, or Method B -By agreed lump sum, or Page 13 Method C -If neither Method A nor Method Bis agreed upon before the Extra Work is commenced, then the Contractor shall be paid the actual field cost of the work. (e) Method A-Unit Prices. The Contractor agrees to perform Extra Work for the unit prices in the Contractor's Proposal. The Contractor also agrees and warrants that when it is necessary to construct units not shown in the Contract Documents, it shall construct such units for a price arrived at as fo llows: (1) The cost of materials shall be determined b y the invoices; (2) The cost of labor shall be the reasonable cost thereof, as determined by the City, but in no event shall it exceed an amount determined by calculating the ratio of the total labor costs to the total costs to the total material costs in the section of the Proposal involved, and multiplying the cost of materials for the unit in question by this ratio. Provided, however, that the ratio shall be calculated for only those units that are similar to the new unit for which a price is to be determined. (f) Method B -Lump Sum . The lump sum shall be reasonably cl ose to the amount for similar work previously d one or combinations of similar units. Invoices for materials used shall b e provided in support of the agreed lump sum. (g) Method C -Actual Field Costs. The actual field co st is hereby defined to include the cost of all applicable workmen and laborers, as well as materials, supplies, teams, trucks, rentals on machinery and equipment, for the time actuall y employed or used for such Extra Work, plus actual transportation charges necessarily incurred, together with other costs reasonably incurred directly on account of such Extra Work, including social security, old age benefits, maintenance bonds, public liability, property damage, worker's compensation, and all other insurance as may be required by law or ordinances or required and agreed to by the City or City's Representative. City's Representative may direct the form in which accounts of the actual field costs shall be kept and records of these accounts shall be made available to City's Representative. Unless otherwise agreed upon, the prices for the use of machinery and equipment shall be determined by using one hundred percent (100%), unless otherwise specified, of the latest schedul e 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 b e incorporated in the written Extra Work order. Actual field costs shall not excee d the prevailing market price therefor within reasonable tolerances as determined by City 's Representative. The amount due to Contractor for costs other than actual field costs shall be calculated in accordance with the following standards : Form Revised on 7-1 0-12 Contract No . 15-041 (1) No indirect or consequential damages will be allowed. (2) All d amages must be directly and specifically shown to be caused by a proven wrong. o recovery shall be based on a comparison by planned expenditures to total actual expenditures or on estimated losses of la bor efficiency, or on a comparison of planned manloading to actual manloading, or any other analysis that is used to show damages indirectly . (3) Damages are limited to extra costs specifically shown to h ave been directly caused by a proven wrong. (4) The maximum daily limit on any recovery for delay shall b e the amount established by the Contractor for job overhead costs, defined in the pay a pplications, divided by the total number of days specified for completion called for in the original Contract. Absent Page 14 an overhead amount in the Schedule of Values, the amount estimated by Contractor for job overhead cost shall be used. 18 . TIME OF COMPLETION 18.01. The date of beginning, the time for Substantial Completion and Final Completion of work as specified in this Agreement are of the essence of this Agreement. 18 .02 . The work embraced by this Agreement shall be commenced on the date specified in the notice to proceed. Said notice to proceed may be given orally or set by the City's Representative at the post-award conference. 18.03 . The work shall be Substantially Completed within the time bid, which shall run from the date when the notice to proceed is given by City's Representative . The Contractor bid Si xty (60) calendar days for the time within which it shall reach Substantial Completion of the Project. 18.04. The work shall reach Final Completion and be ready for final payment within thi rty (30) cale nd ar d ays from th e date of Substantial Completion. 19. SU B ST ANTIAL COMPLETION 19 .01. The Contractor shall notify City's Representative when, in the Contractor's opinion, the contract is Substantially Completed. Within ten (10) calendar days after the Contractor has given City's Representative written notice that the work has been Substantially Completed, Ci ty's Representative shall inspect the work for the preparation of a final punch list. (a) If City's Representative and the City find that the work is not Substantially Completed, then they shall so notify the Contractor who shall then complete the work. City's Representative shall not be required to provide a list of unfinished work. (b) If the City Representative and City find that the work is Substantially Completed, the City shall issue to the Contractor its certificate of Substantial Completion. 19 .02 . The Substantial Completion of the work shall not excuse the Contractor from performing all of the work undertaken, whether of a minor or major nature, and thereby completing the Project in accordance with the Contract Documents. 20. FINAL COMPLE TION 20.01. Contractor shall notify the City's Representative when it believes that the work has reached Final Completion as defined in Paragraph 1.08. If the City's Representative and the City accept and deems such work Finally Complete, then Contractor shall be so notified and certificates of completion and acceptance, as provided herein, shall be issued. A complete itemized statement of this Agreement account, certified by the City's Representative as correct, shall then be prepared and delivered to Contractor. Contractor or City, as the case may be, shall pay the balance due as reflected by said statement within thirty (30) calendar days. 20.02 . The Contractor shall procure all required certificates of acceptance or completions issued by state, municipal, or other authorities and submit the same to the City. The City may withhold any payments due under this Agreement until the necessary certificates are procured and delivered. 20 .03 . Neither the final payment nor any acceptance nor certificate nor any provision of this Agreement shall relieve the Contractor of any responsibility for faulty workmanship or materials . At the option of the City, the Contractor shall remedy any defects and pay for any damage to other work which may appear after final a cceptance of the work. Form Revised on 7-1 0-12 Contract No . 15-041 Page 15 21. DELAYS 21.01. The Contractor, in undertaking to complete the work within the times herein fixed, has taken into consideration and made allowance for all hindrances and delays incident to such work, whether growing out of delays in securing material or workmen or delays arising from inclement weather or otherwise . 21 .02. The City may, in its sole discretion, delay the work during inclement weather in order to preserve the Project, insure safety of work forces, and the preservation of materials and equipment. In such event and upon a written request from the Contractor, the City may grant an extension of time pursuant to Paragraph 22 to offset for su ch stoppage of the work. 21 .03. In the event of delays resulting from changes ordered in the work by the City or other delays caused by the City or for the City's convenience, the Contractor may apply to the City for recovery of incidental · damages resulting from increased storage costs or other costs necessary to protect the va lue of the work. In no event shall any consequential or other damages be allowed or any other charges or cl aims be made by the Contractor for hindrances or delays resulting from any other cause. 22. EXTENSIONS OF TIME The Contractor has submitted its proposal in full recognition of the time required for the completion of this Project, taking into consideration all factors including, but not limited to the average climatic range and industrial conditions. The Contractor has considered the liquidated damage provision of this Agreement and understands and agrees that it shall not be entitled to, nor will it request, an extension of time for either Substantial Completion or Final Completi on, except when the work has been delayed by one or more of the following: (1) (2) (3) (4) an act or neglect of the City, the City's Representative, employees of the City, or other contractors employed by the City; by changes ordered in th e work, or reductions thereto approved in writing; by "rain days " (days with rainfall in excess of one-tenth of an inch) during the term of this Agreement that exceed the average number of rain da ys for such term for this locality, both as determined by the Texas A&M University weath er service; or by other causes that the City and the Contractor agree may rea so nably justify delay and that were beyond the Contractor's reasonable control and ability to estima te, predict, or avoid, such as delays caused by unforeseen labor disputes, fire, natural disasters, acts of war, and other rare and unpredicta ble events . This term does not include normal d elays incident to the delivery of materials, tools, or labor that reasonably could have been predicted and/ or accounted for in the Contractor's proposal or decision to bid . If one o r more of the foregoing conditions is present, the Contractor may apply in writing for an extension of time, within thirty (30) days of the occurrence of the event causing the delay, submitting therewith all written justification as may be required b y the City's Representative. Within ten (10) calendar days after receipt of a written request for an extension of time, which is sup ported by all requested documentation, the City shall, in writing and in its sole discretion, grant or deny the request. Under no circumstances shall any extension of time by the City be valid and binding unless it is in writing a nd in conformity with the other terms of this Agreement. 23. LIQUIDATED DAMAGES 23.01. T he time for the Substantial and Final Completion of the work described herein are reasonable time s for the completion of each, taking into consideration all conditions, including but not limited to the average climatic conditions and usual industrial conditions prevailing in this locality . The amount of liquid ated damages for the Contractor's failure to meet the deadlines for Substantial and/ or Final Completion are fixed and agreed on by the Contractor because of the impracticability and extreme difficulty Form Revised on 7-10-12 Contract No . 15-04 1 Page 16 in fixing and ascertaining the actual damages that the City would in such an event sustain. The amounts to be charged are agreed to be damages the City would sustain and shall be retained by the City from current periodic estimates for payment or from final payment. 23.02 . As a result of the difficulty in estimation, calculation and ascertainment of City's damages due to a fa ilure of Contractor to achieve timely completion of the Work, if th e Contractor should neglect, fail, or refuse to ei ther Substantially Complete or Finally Complete the work within the time herein specifie d , or any proper extension thereof granted by the City 's Representative pursuant to the terms of Paragraph 22 of this Agreement, then the Contractor does hereby agree as part of th e consideration for the awarding of this Agreement that the City may permanently withhold from the Contractor's total compensation the sum of ONE HUNDRED FIFTY AND N0/100 DOLLARS ($150.00) for eac h and every calendar day that the Contractor shall be in default after the time stipulated for Substantial Compl etion and/ o r Final Completion, not as a penalty, but as liquidated damages for the breach of this Agreement. It being specifically understood th at the assessment of liquid ated damages may be made for any failure to meet either or both of the deadlines specified for Substantial Completion an d / or Final Completion. 24. CHARGES FOR INJURY OR REPAIR 24.01. The Contractor sh all be liable for any damages incurred or repairs mad e necessary by reason of its work and / or caused by it. Repairs of any kind required by the City will be made and charged to the Contractor b y the City . 24 .02. The Contractor shall take the necessary precautions to protect any areas adjacent to its work. 24.03. The work specified consists of all work, materials, and labor required by the City to repair any d amage to the property of the City, including but not limited to structures, roa dways, curbs, parking areas, and sidewalks. 25. WARRANTY 25.01. U p on issuance of a certificate of F inal Completion, the Con tractor warrants for a period of one (1) year as follows : The Contractor warrants that all materials provided to the City under this Agreement shall be new unless otherwise approved in advance by City's Representative and that all work will be of good quality, free from faults and defects, and in conformance with this Agreement, the other Contract Documents, and recognized industry standards. 25 .02. All work not conforming to these requirements, including but not li rnited to unapproved substitutions, may be considered defective. 25 .03. T hi s warranty is in addition to any rights or warranties expressed or impli ed b y law and in addition to any consumer protection claims arising from misrepresentations b y the Contractor. 25 .04 . Where more tha n a one (1) year warranty is specified for individual products, work, or materials, the longer warranty shall govern . 25 .05 . This warranty o bligation shall b e covered by any performance or payment bonds tendered in compliance with this Agr eement. Form Revi sed on 7-10 -12 Contract No . 15-041 Page 17 25.06. Defective Work D iscove re d D uring Warranty Period. If any of the work is found or determined to be either defective, including obvious defects, or otherwise not in accordance with this Agreement within one 0) year after the date of the issuance of a certificate of Final Completion of the work or a designated portion thereof, whichever is longer, or within one (1) year after accepta nce by the City of designated equipment, or within such longer period of time as may be prescribed b y law or by the terms of any applicable special warranty required by this Agreement, the Contractor shall promptly correct the defective work at no cost to the City . 25.0 7 . After receipt of written notice from the City to begin corrective work, the Contractor shall promptly begin the corrective work. The obligation to correct any defective work shall survive the termination of this Agreement. The guarantee to correct the defective work shall not constitute the exclusive remedy of City, nor shall other remedies be limited to the terms of either the warranty or the guarantee. 25.08. If within ten (10) calendar days after the City has notified the Contractor of a defect, failure, or abnormality in the work, the Contractor has not started to make the necessary corrections or adjustments, the City is hereby authorized to make the corrections or adjustments, or to order the work to be done by a third party. The cost of the work shall be paid by the Contractor or its surety . 25.09 . The cost of all materials, parts, labor, transportation, supervision, special instruments, and supplies required for the replacement or repair of parts and for correction of defects shall be paid by the Contractor or by the surety. 25 .10 . The guarantee shall be extended to cover all repairs and replacements furnished, and the term of the guarantee for each repair or replacement shall be one (1) year after the installation or completion. The one (1) year warranty shall cover all work, equipment, and materials that are part of this Project, whether or not a warranty is specified in the individual section of the Contract Documents that prescribe that particular aspect of the work. 26 . PAYMENT O F E MPLOYEES , SU BCONTRACTORS & SUPPLI E RS 26.01. Wage Rates . Pursuant to Section 2258 .023(a) of the Texas Government Code, wage rates paid by the Contractor and any subcontractor on this Project shall be not less than the general prevailing rate of per diem wages for work of a similar character in this locality as specified in the schedule of general prevailing rates of per diem wages attached hereto as Exhibit A. 26.02 . Sta tut ory Pe n alty. Pursuant to Section 2258.023(b) of the Texas Government Code, if the Contractor or any subcontractor violates the requirements of Paragraph 26.01, the Contractor or subcontractor as the case may be shall pay the City Sixty D o ll ars ($60 .00 ) for each worker employed for each calendar day or part of the day that the worker is paid less than the stipulated wage rates. 26.03. The Contractor and each subcontractors shall pay all of their employees engaged in work on the Project in full (less mandatory legal deductions) in cash or b y check readily cashable, without discount, no less than once each week. 26.04. o later than the seventh (7th) calendar day following the payment of wages, the Contractor must file with City's Representative a certified, sworn, legible copy of such payroll. This shall contain the name of each employee, their 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 and that no rebates or deductions (except as shown) have been made or will be made in the future from the wages therein shown. 26.05 . Payment o f Sub contr ac tors. The Contractor shall be solely and exclu sively responsible for compensating an y of the Contractor's employees, subcontractors, materialrnen and/ or suppliers of any type or nature whatsoev er and for insuring that no claims or liens of any type arising out of or incidental to the performance of any services performed pursuant to this Agreement are filed against any property owned by Form Revised on 7-10-12 Contract No . 15-041 Page 18 the City. Io the event a statutory lien notice is sent to the City, the Contractor shall, where no payment bond covers the work, upon written notice from the City, immediately obtain a bond at its expense and hold the City harmless from any losses that may result from the filing or enforcement of any said lien notice. Io the event th at the Contractor d efaults in the provision of the bond, the City may withhold such funds as are necessary to assure the payment of such claim until litigation determines to whom payment shall be made . 26.06 . Affidavit of Bills Paid. Prior to F inal Acceptance of the P roject, the Contractor shall provide a notarized affidavit stating that all bills for labor, materials, and incidentals incurred have been paid in full, that any claims from manufacturers, materialmen, and su bcontractors have been released, and that there are no claims pending of which the Contractor has been notified . 27. INSURANCE 27.01. The Contractor shall procure and maintain at its sole cost and expense for the duration of this Agreement insurance against claims for injuries to persons or damages to property that may arise from or in connection with the performance of the work hereunder by the Contractor, its agents, representatives, volun teers, employees or subcontractors. The policies, coverages, limits and endorsements required are as set forth in Exhibit B . 28. BOND PROVISIONS 28.01. Pursuant to Section 2253.021 of the Texas Government Code, for all public works contracts with governmental entities, a payment bond is required if the Contract Amount exceeds $50,000, and a performance bond is required if the Contract Amount exceeds $100,000 . Below those amounts, the City mqy require p ayment a nd / or performance b o nds. In the event a performance or payment bond or both is required eith er by law or in the City's discretion, such bonds shall b e executed in accordance with all requirements of Article 7 .19 -1 of the Texas Insurance Code, all oth er applicable law, and the following: (a) The Contractor sh all execute performance and payment b onds for the full Contract Amount. (b) The bond surety shall be authorized under th e laws of the State of Texas to provide a performance and payment bond and shall have attached proof of authorization of the surety to act in the performance and payment of bonds. (c) The Contractor sh all provide origin al, sealed, and complete counterparts of the executed bonds in the forms require d by the Contract D ocuments, w hich are attached as Exhibit C, together with valid original powers of attorney, at the time of execution of this Agreement and prior to the commencement of work. Copies of the executed bonds sh all be attached hereto as Exhibit C. (d) The performance and payment bonds shall remain in effect for a period of one (1) year after Final Completion of the work an d shall b e extended for any warranty work to cover the warranty period. (e) If at any time during the execution of this Agreement in the required period thereafter, the bond or bonds become invalid or ineffective for any reason, the Contractor shall promptly supply within ten (10) days such oth er bond or bonds, which bond or bonds shall assure performance or payment as required. 28 .02. The Contractor may make such changes and alterations as the City may require in the work or any part thereof without affecting the vali di ty of this Agreeme nt an d a n y accompan ying bond. If such changes or alterations diminish the quantity of the work to be d one, they shall not constitute the basis for any claim for damages or anticipated profits. If the City makes changes or alterations that render useless any work already done or material already used in sai d work, then the City shall compensate the Contractor for any material or labor so used, and for any actual loss occasioned by such change due to actual expenses incurred in preparation for the work as originally planned, in accordance with the provisions of Article 17. Form Revi sed on 7-1 0 -12 Contract No . 15-041 Page 19 29. SURETY 29.01. If the Contractor has abandoned the Project or the City has terminated the contract for cause and the Contractor's Surety, after notice demanding completion is sent, fails to commence the completion of the work in compliance with this Agreement, then the City at its option may provide for completion of the work in either of the following manners: 29 .01.01. The City may employ such force of men and use of instruments, machinery, equipment, tools, materials, and supplies as said the City may deem necessary to complete the work and charge the expense of such labor, machinery, equipment, tools, materials, and supplies to said the Contractor, and the expense so charged shall b e deducted and paid by the City out of such monies as may be due or that may thereafter at any time become due to the Contractor and Surety. 29.01.02. T h e City may, after notice published as required by law, accept sealed bids and let this Agreement for the completion of the work under substantially the same terms and conditions that are provided in this Agreement. In case of any increase in cost to the City under the new agreement as compared to what would have been the cost under this Agreement, such increase together with all of the City's damages due to Contractor's abandonment and/ or default, including liquidated damages, as provided pursuant to Paragraph 38, entitled "TERMI A TION FOR CAUSE" shall be charged to the Contractor and the surety shall be and remain bound therefor . However, should the cost to complete such new agreement prove to be less than that which would have been the cost to complete the work under this Agreement, the Contractor shall be credited therewith after all deductions are made in accordance with this Agreement. 29 .02 . Should the cost to complete the work exceed the Contract Amount and the Contractor fails to pay the amount due to the City within the time designated 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 at its respective address designated in this Agreement; provided, however, that actual written notice given in any manner shall satisfy this condition. After mailing, or otherwise giving su ch notice, such property shall be held at the risk of the Contractor subject only to the duty of City's Representative to exercise ordinary care to protect such property. After fifteen (15) calendar days from the date of said notice, City's Representative may sell such machinery, equipment, tools, materials, or supplies and apply the net sum derived from such sale to the credit of the Contractor. Such sale may be made at either public or private sale, with or without notice, as City's Representative may elect. City's Representative shall release any machinery, equipment, tools, materials, or supplies which remain on the job site and belong to persons other than the Contractor to their proper owners . 29 .03 . In the event the account shows that the cost to complete the work is less than that which would have been the cost to City had the work b een completed by the Contractor under the terms of this Agreement, or when the Contractor sh all pay the balance shown to be due by them to the City, then all machinery, equipment, tools, materials, or supplies left on the site of the work shall be turned over to the Contractor. 30. COMPLIANCE WITH LAW 30.01. The Contractor's work and materials shall comply with all state and federal laws, municipal ordinances, regulations, codes, and directions of inspectors appointed by proper authorities having jurisdiction. 30.02. The Contractor shall perform and require all subcontractors to perform the work in accordance with applicable laws, codes, ordinances, and regulations of the State of Texas and the United States and in compliance with OSHA and other laws as they apply to its employees. In the event any of the conditions of the specifications violate the code for any industry, then such code conditions shall prevail . Form Revised on 7-10-12 Co nt ract No . 15-041 Page 20 30.03 . The Contractor sh all fo ll ow all applica ble state an d federal laws, municip al ordinances, and guidelines concerning soil erosion and sediment control throughout the Project and warranty term. 31. SAFETY PRECAUTIONS 31.01. All safety measures, policies and precautions at the site are a part of the construction techniques and processes for which the Contractor shall be so lely respo n sible. T h e Contractor is solely responsible for handling and use of hazardous materials or waste, and informing employees of any such hazardous materials or waste. The Contractor shall provide copies of all hazardous materials and waste data sheets to the College Station Fire Department marked "Attn.: Assistant Chief '. 31.02. The Contrac tor h as the sole obli gation to protect or warn any individual of potential hazards created by the performance of the work set for th herein. The Contractor shall, at its own expense, take such precautionary measures for the protection of persons, p roperty, and the work as may be necessary. 31.03. The Contractor sh all be held responsible for all damages to property, personal injuries and/ or death due to failure of safety devices of any type or nature that may be required to protect or warn any individual of potential h azards cr eated by th e performance of th e work set forth herein; and when any property damage is incurred, the damaged portion shall immediately be replaced or compensated for by the Contractor at its own cost and expense. 31.04. Contractor agrees that it shall not transport to, u se, generate, dispose of, or install at the P roject site any Hazard ous Substance (as defined in Paragraph 31.07, except in accordance with applicable Environmental Laws . Further, in performing the Work, Contractor shall not cause any release of Hazardous Substances into, or contamination of, the e nvironment, in cluding th e soil, the atmosphere, any water course or ground water, except in accordance with applica bl e Environmental Laws (as hereafter defined at Paragraph 31.07). In the event Contractor engages in any of the activities prohibited in this Paragraph 31.04 to the fullest extent permitted by law, Contractor hereby indemnifies and holds City and all of its respective officials, agents and employees harmless from and against any and all claims, damages, losses, causes of action, suits and liabilities of every kind, including, but not limited to, expenses of litigation, court costs, punitive damages and attorneys' fees, arising out of, incidental to or resulting from the activities prohibited in this Paragraph 31.04. 31.05 . In the event Contractor encounters on the Project site any Hazardous Substance, or what Contractor may reasonably believe to be a Hazardous Substance, and which is b eing introduced to the Work, or exists on the Project site, in a manner violative of any a pplicable Environmental Laws, Contractor shall immediately stop work in the area affected and report the condition to City in writing. The Work in the affected area shall not thereafter be resumed except by writte n authorization of City if in fact a Hazardous Substance h as b een encountere d and has n ot been rendered harmless. In the event Contractor fails to stop the Work upon encountering a Hazardous Substance at the Project site, to the fullest extent permitted by law, Contractor hereby indemnifies and holds City and all of its officials, agents and employees harmless from and against any and all claims, damages, losses, causes of action, suits and liabilities of every kind, including, but not limited to, expenses of litigation, court costs, punitive damages and attorneys' fees, arising out of, incidental to or resulting from Contractor's failure to stop the Work. 31.06 . City and Contractor may enter into a separate agreement and/ or C h ange Order for Contractor to remediate and/ or render harmless the Hazardous Substance, but Contractor shall not be required to remediate and / or render harmless the Hazardous Su b stance abse nt such agreement. Contractor shall not be required to resume work in any ar ea affected by the Hazardous Substance until such tim e as the Hazardou s Substance has been remediated and/ or rendered harmless. 3 1.07. For purposes of this Agreement, the term "Hazardous Substance" shall mean and include any element, co n stituent, chemical, substance, compound, or mixture, which are defined as a hazardous Form Revised on 7-10-12 Contract No . 15-041 Page 21 substance by any local, state or fe d eral law, rul e, ordin ance, by-law, or regulation p ertaining to environmental regulation, contamination, clean-up or disclosure, including, without limitation, The Comprehensive Environm ental R esponse, Compensation and Liabili ty Act of 1980 ("CERCLA"), The Resource Conservation and Recovery Act ("RCRA "), T h e Toxic Substances Control Act ("TSCA"), The Clean Water Act ("CWA "), The Clean Air Act ("CAA"), and the Marine Protection Research and Sanctuaries Act ("MPRSA "), T h e Occupational Safety and Health Act ("OSHA"), The Superfund Amendments and Reauth orization Act of 1986 ("SARA "), or other state superli en or environmental clean- up or disclos u re statutes including all state and local counterparts of such laws (all such laws, rules and regul ations b eing referred to collectively as "Environm ental Laws "). It is the Contractor's responsibility to comply with this Paragraph 31.07 based on the law in effect at the time its services are rendered and to comply with any amendments to those laws for all services rendered after the effective date of any such amendments. 32. TRENCH SAFETY The Contractor must comply with Texas law regarding trench excavation exceeding five feet in depth and in accordance with the fo ll owing i tems: 32.01 The Contractor must comply with the requirements of Tex. Health & Safety Code Ann. §756.022- 023 (Vernon 1992), as am ended, and the req uirements of 29 C.F.R ., Sections 1926.650 th rough 1926.653 inclusive, "Excavation, Trenching and Sh oring," of th e Occupational Safety and Health Administration Standards, as amended. 32 .02 The Contractor must include a separate pay item for trench safety complying with trench safety re q uirement s, stating a unit p rice p er linear foot of tre n ch safety systems, as measured along the centerline of trench including manh oles and other line structures. 32.03 Before beginning work on thi s project, the Con tractor m u s t sub mit to th e City a complete trench safety program that compli es with state and federal regulations. I t is the sole d u ty, responsibility and prerogative of the Contractor, n ot the City, to d etermine the specifi c applicabili ty of the designed trench safety systems to each fiel d condition encountered on the project. 32.04 The Contractor must provide the City the nam e of the "com petent p erson" required by OSHA standards to perform the trench safety inspections. T h e Contractor must make d aily inspections to ensure that the systems comply with all applicable laws and regulations, an d must maintain a permanent record of daily inspections availab le for examination by the City or other government au t h ority . 32.05 If evidence of possible cave-ins or sli des is apparent, the Contractor must cease all work in the trench and surrounding area until t h e necessary precau tions have b een taken by the Contractor to safeguard personnel entering the trench . 33. INDEMNITY 33.01. CONTRACTOR SHALL PROTECT, DEFEND, HOLD HARMLESS AND INDEMNIFY THE CITY FROM ANY AND ALL CLAIMS, DEMANDS, EXPENSES, LIABILITY OR CAUSES OF ACTION FOR INJURY TO ANY PERSON, INCLUDING DEATH, AND FOR DAMAGE TO ANY PROPERTY, TANGIBLE OR INTANGIBLE, OR FOR ANY BREACH OF CONTRACT ARISING OUT OF OR IN ANY MANNER CONNECTED WITH THE WORK DONE BY ANY PERSON UNDER THIS CONTRACT. IT IS THE INTENT OF THE PARTIES THAT THIS PROVISION SHALL EXTEND TO, AND INCLUDE, ANY AND ALL CLAIMS, CAUSES OF ACTION OR LIABILITY CAUSED BY THE CONCURRENT, JOINT AND/OR CONTRIBUTORY NEGLIGENCE OF THE CITY, AN ALLEGED Form Revised on 7-10-12 Contract No . 15-041 Page 22 BREACH OF AN EXPRESS OR IMPLIED WARRANTY BY THE CITY OR WHICH ARISES OUT OF ANY THEORY OF STRICT OR PRODUCTS LIABILITY. 33.02. The indemnifications contained in paragraphs 33.01 shall include but not be limited to the following specific instances: (a) In the event the City is damaged due to the act, omission, mistake, fault or default of the Contractor, then the Contractor shall indemnify and hold harmless and defend the City for such damage. (b) The Contractor shall indemnify and hold harmless and defend the City from any claims for payment for goods or services brought by any material suppliers, mechanics, laborers, or other subcontractors. (c) The Contractor shall indemnify and hold harmless and defend the City from any and all injuries to or claims of adjacent property owners caused by the Contractor, its agents, employees, and representatives. ( d) The Contractor shall be responsible for any damage to the floor, walls, etc., caused by the Contractor's personnel or equipment during installation. ( e) The Contractor shall also be responsible for the removal of all related debris. (f) The Contractor shall also be responsible for subcontractors hired by it. (g) The Contractor shall indemnify, hold harmless, and defend the City from any liability caused by the Contractor's failure to comply with applicable federal, state, or local regulations, that touch upon or concern the maintenance of a safe and protected working environment and the safe use and operation of machinery and equipment in that working environment, no matter where fault or responsibility lies. 33.03. The indemnification obligations of the Contractor under this section shall not extend to include the liability of any professional engineer, the architect, their consultants, and agents or employees of any of them arising out of (1) the preparation or approval of maps, drawings, opinions, reports, surveys, Change Orders, designs or specifications, or (2) the giving of or the failure to give directions or instructions by the professional engineer, the architect, their consultants, and agents and employees of any of them, provided such giving or failure to give is the primary caus e of the injury or damage. 33.04. It is agreed with respect to any legal limitations now or hereafter in effect and affecting the v alidity or enforceability of the indemnification obligation under Paragraph 33.01, such legal limitations are made a part of the indemnification obligation and shall operate to amend the indemnification obligation to the minimum extent necessary to bring the provision into conformity with the requirements of such limitations, and as so modified, the indemnification obligation shall continue in full force and effect. 34. RELEASE The Contractor assumes full responsibility for the work to be performed hereunder, and hereby releases, relinquishes, and discharges the City, its officers, agents, and employees from all claims, demands, and causes of action of every kind and character, including the cost of defense thereof, for any injury to or death of any person (whether employees of either party or other third parties) and any loss of or damage to any property (whether property of either of the parties hereto, their employees, or of third parties) that is caused by or alleged to be caused by, arising out of, or in Form Rev ised on 7-1 0-12 Contrac t No . 15-04 1 Page 23 connecti o n w ith the Contracto r's work to be p e rform e d h e re under. This re le ase shall apply regardl ess of w h e th e r said claims, dem ands, and c aus es o f action are covere d in w h o le or in part by insuran c e , and in the event of injury, de ath, property d am age , or lo s s suffe re d by th e Contractor, any s ubcontra ctor, or any p er son or organization directly or indir e ctly employ ed by any of them to perform or furni s h w ork on th e Project, this re leas e sh all apply re g ardl e ss of w h e th e r such injury , d eath, lo s s , or d amage was caused in w hole or in p art by th e neg li gence of the Ci ty. 35 . PERMITS AND LICENSES The Contractor shall secure and pay for all necessary permits and licenses, governmental fees, and inspections n ecessary for the proper execu tion and completion of th e work. D uring this Agreement term and/ or perio d during which the Contractor is working, i t shall give all notices and comply with all laws, ordinances, rules, regulations, and lawful orders of any public authority bearing on the performance of the work. 36. ROYALTIES AND LICE NSING FEES T h e Contrac tor shall pay all royalties an d licensi ng fees. The Co ntractor shall h old the City harmless and indemnify the City from the payment of any royalties, damages, losses or expenses including attorney's fees for suits, claims or otherwise, growing out of infringement or alleged infringement of patents, materials and methods used in the Project. It shall defend all suits or claims for infringement of any patent rights. Further, if the Contractor has reason to believe that t h e d esign, service, process, or product specifie d is an infringement of a patent, it shall promptly give such information to City's Representative. 37. BREACH OF CONTRACT & DAMAGES 37.01. The City shall have the right to declare the Contractor in b reach of this Agreement for cause when the City determines that this Agreement is not being performed according to its u nderstanding of the intent an d meaning of this Agreement. Such breach sh all not in any way invalidate, ab rogate, or terminate the Contractor's obligations under this Agreement. 37.02. Without prejudice to any other legal or equita ble right or remedy that the City would otherwise possess hereunder or as a matter of law, the City upon giving the Contractor five (5) calendar days prior written notice shall be entitled to damages for breach of contract, u pon but not limited to the following occurrences: (a) If the Contractor shall fail to remedy any default after written notice thereof from City's Representative, as City's Representative shall direct; or (b) If the Contractor shall fail for any reason other than the failure by City's Representative to make payments called upon when due; or (c) If the Contractor commits a su bstantial d efaul t under any of the terms, provisions, conditions, or covenants contained in this Agreement. 38. TERMINATION FOR CAUSE Without prejudice to any other legal or equitable right or remedy t hat the City would otherwise possess hereunder or as a matter of law, the City upon giving the Contractor five (5) calendar days prior written notice shall be entitled to terminate this Agreement in its entirety at any time for any of the following: 38.01. If the Contractor becomes insolvent, commits any act of bankruptcy, makes a general assignment for the benefit of creditors, or becomes the subject of any proceeding commenced under any statute or law Form Revised on 7-1 0-12 Contract No . 15-041 Page 24 for the relief of debtors and, after notice, fails to provide adequate assurance that it can remedy all of its defaults; or 38 .02. If a receiver, trustee, or liquidator of any of the property or income of the Contractor shall be appointed; or 38.03 . If the Contractor shall fail to prosecute the work or any part thereof with diligence necessary to insure its progress and completion as prescribed by the time schedules; or 38 .04 . If the Contractor shall fail to remedy any default within ten (10) calendar days after written notice thereof from City's Representative, as City's Representative shall direct; or 38 .05. If the Contractor shall fail for any reason other than the failure by City's Representative to make payments called upon when due; or 38.06 . If the Contractor abandons the Work. 38 .07. If the Contractor commits a substantial default under any of the terms, provisions, conditions, or covenants contained in this Agreement. 39 . TE RMINAT ION F OR CONVENI ENCE 39 .01. The performance of the work may be terminated at any time in whole or, from time to time, in part, by the City for its convenience. Any such termination shall be effected by delivery to the Contractor of a written notice (notice of termination) specifying the extent to which performance of the work is terminated, and the date upon which termination becomes effective. 39 .02 In the event of termination for convenience, the Contractor shall only be paid the reasonable value of the Work performed prior to the effective date of the termination notice and shall be further subject to any claim the City may have against the Contractor under other provisions of this Agreement or as a matter of law. In the event of termination for convenience, Contractor Waives and Releases any claim for lost profit, other than profit on Work performed prior to the effective date of such termination . 40 . RIG HT T O CO MP LET E If this Agreement is terminated for cause, the City shall have the right but shall not be obligated to complete the work itself or by others; and to this end, the City shall be entitled to take possession of and use such equipment, without rental obligation therefor, and materials as may be on the job site, and to exercise all rights, options, and privileges of the Contractor under its subcontracts, purchase orders, or otherwise; and the Contractor shall promptly assign such rights, options, and privileges to City . If the City elects to complete the work itself or by others, pursuant to the foregoing, then the Contractor and / or Contractor's surety will reimburse City for all costs incurred by the City (including, without limitation, applicable, general, administrative expenses, field overhead, the cost of necessary equipment, materials, field labor, additional fees paid to architects, engineers, attorneys or others to assist the City in connection with the termination and liquidated damages) in completing and/ or correcting work by the Contractor that fails to meet any requirement of this Agreement or the other Contract Documents . 41 . CLO SE OUT 41.01. After receipt of a notice of termination, whether for cause or convenience, unless otherwise directed by City's Representa tive, the Contractor shall, in good faith and to the best of its ability, do all things necessary in the light of such notice to assure the efficient and proper closeout of the terminated work Form Revised on 7-1 0-12 Contract No . 15-041 Page 25 (including the protection of City's property). Among other things, the Contractor shall, except as otherwise directed or approved by City's Representative, do the following: (a) Stop the work on the date and to the extent specified in the notice of termination; (b) Place no further orders or subcontracts for services, equipment, or materials, except as may be necessary for completion of such portion of the work as is not terminated; (c) Terminate all orders and subcontracts to the extent that they relate to the performance of the work terminated by the notice of termination; (d) Assign to City's Representative, in the manner and to the extent directed by it, all of the right, title, and interest of the Contractor under the orders or subcontracts so terminated; in which case, City's Representative shall have the right to settle or pay any or all claims arising out of the termination of suc h orders and subcontracts; (e) With the approval of City's Representative, settle all outstanding liabilities an d all claims arisi ng out of such termination, orders, and su b contracts; (t) Deliver to City's Representative, when directed by City's Representative, all documents and all property , which if the work had been completed, Contractor would have been required to account for or deliver to City 's Representative, and transfer title to suc h property to City's Representative to the extent not already transferred; and/ or 42 . TERMINATION CONVERSION Upon determination of Court of competent jurisdiction that termination of the Contractor pursuant to Paragraph 38 was wrongful and/ or otherwise improper, such termination will be deemed converted to a termination for convenience pursuant to Paragraph 39 and Contractor's remedy for such termination shall be limited to the recovery of the payments permitted for termination for convenience as set forth in Paragraph 39 . 43 . HIRING During the term of this Agreement and for a period of one (1) year thereafter, the Contractor agrees not to soli cit for hire any employee or employees of t h e City t h at were associated with work specified under this Agreement. Io the event that this provision is breached by the Contractor, the Contractor agrees to pay the City d amages in the amount equal to twelve (12) months of the employee's total compensation plus any legal expenses associated with enforcement of this provision. 44 . ASSIGNMENT This Agreement and the rights and obligations contained herein may not be assigned by the Contractor without the prior written approval of the City. 45 . EFFE CTIVE D AT E The effective date of this contract shall be the date of award of the contract. 46 . OTH E R TERMS 46.01. I nva lid ity. If any provision of this Agreement shall be held to be invalid, illegal or unenforceable by a court or other tribunal of competent jurisdiction, the validity, legality, and enforceability of the remaining provisions shall not in any way be affected or impaired thereby. The parties shall use their best Form Revised on 7-10-12 Contract No . 15-041 Page 26 efforts to replac e the respective provision or provisions of this Agreement with legal terms and conditions approximating the original intent of the parties. 46.02 . Written Notice. Unless otherwise specified, 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 any officer of the corporation for whom it is intended or if it is delivered or sent certified mail to the la st business address as li sted herein. Each party will have the right to change its business address by at least thirty (30) calendar days written notice to the other parties in writing of such change. 46.03. Entire Agreement. It is understood that this Agreement contains the entire agreement between the parties and supersedes any and all prior agreements, arrangements, or understandings between the parties relating to the subject matter. No oral understandings, statements, promises or inducements contrary to the terms of this Agreement exist. This Agreement cannot be changed or terminated orally. No verbal agree ment or conversation with any officer, agent or employee of the City, either before or after the execution of this Agreement, shall affect or modify any of the terms or obligations hereunder. 46 .04 . Amendment. No amendment to this Agreement shall be effective and binding unless and until it is reduced to writi ng and signed by duly authorized representatives of both parties. 46.05. Mediation. After receipt of a Notice of Claim, the Owner may elect to refer the matter to the Architect, Owner's Representative or another party for review. Contractor will attend meetings called to review and discuss the Claims and mitigation of the problem, and shall furnish any reasonable factual backup for the Claim requested. The Owner may also elect to defer consideration of the Claim until the Work is completed, in which case the same review options shall be available to the Owner at the completion of the Work. At any stage, the Owner, at its so le discretion, is entitl ed to refer a Claim to media tion under the Construction Industry Mediation Rules of the American Arbitration Association, and, if this referral is made, Contractor will take part in the mediation process. The filing, mediation or rejection of a Claim does not entitle Contractor to stop performance of the Work. The Contractor shall proceed diligently with performance of the Contract during the pendency of any claim, excepting termination or under Owner's direction to stop the Work. Agreements reached in mediation shall be enforceable as settlement agreements in any court having jurisdiction thereof. The parties shall share the Mediator's fee and any filing fees equally and the Mediation shall be held in Coll ege Station, Texas. 46.06. Arbitration. In the event of a dispute and upon the mutual written consent of both parties, the parties may agree to arbitration without waiving any of their other rights hereunder. 46.07. Choice of Law and Place of Performance. This Agreement has been made under and shall be governed by the laws of the State of Texas. Performance and all matters related thereto shall be in Brazos County, Texas, United States of America. 46 .08 . Authority to do business. The Contractor represents that it has a certificate of authority, authorizing it to do business in the State of Texas, a registered agent and registered office during the duration of this contract. 46 .0 9 Authority to Contract. Each party has the full power and authority to enter into and perform this Agreement, and the person signing this Agreement on behalf of each party has been properly authorized and empowered to enter into this Agreement. The persons executing this Agreement hereby represent that they have authorization to sign on behalf of their respective corporations. 46.10. Waiver. Failure of any party, at any time, to enforce a provision of this Agreement shall in no way constitute a waiver of that provision nor in any way affect the validity of this Agreement, any part hereof, or the right of the City thereafter to enforce each and every provision hereof. No term of this Agreement shall be deemed waived or breach excused unless the waiver shall be in writing and signed by the party claimed to Form Revised on 7-10-12 Contract No . I 5-04 I Page 27 have waived. Furthermore, any consent to or waiver of a breach will not constitute consent to or waiver of or excuse of any other different or subsequent breach. 46.11. Headings, Gender, Number. The article headings are used in this Agreement for convenience and reference purposes only and are not intended to define, limit, or describe the scope or intent of any provision of this Agreement and shall have no meaning or effect upon its interpretation. Words of any gender used in this Agreement shall be held and construed to include any other gender, and words in the singular number shall be held to include the plural, and vice versa, unless the context requires otherwise. 46.12. Agreement Read. The parties acknowledge that they have had opportunity to consult with counsel of their choice, have read, understand and intend to be bound by the terms and conditions of this Agreement. 46.13 . Multiple Originals. It is understood and agreed that this Agreement may be executed in a number of identical counterparts, each of which shall be deemed an original for all purposes. 46.14. Notice oflndemnification. City and Contractor hereby acknowledge and agree that this Agreement contains certain indemnification obligations and covenants. VOX CONSTRUCTION, LLC B~~ PrintedNaffiZ·~ (b ~ Title: ~ Date: • Fonn Revised on 7-10-12 Contract No. 15-041 CITY OF COLLEGE STATION ~~ Date: / · /.:Z · /~ APPROVED: li!M_f.~ City Manager/CFO 12 -)0-f'f Page 28 Exhibit A WAGE RATES General Decision Number: TX140016 01/03/2014 TX 1 6 Superseded General Decision Number: TX20130016 State: Texas Construction Types: Heavy and Highway Counties: Atascosa, Bandera , Bastrop, Bell , Bexar , Brazos , Burleson, Caldwe ll , Comal , Coryell, Guadalupe, Ha ys, Kendall, Lampasas, McLennan, Medina , Robertson , Travis, Williamson and Wilson Counties in Texas. HEAVY (excluding tunnels and dams, not to be used for work on Sewage or Water Treatment Plants or Lift I Pump Stations in Bell, Coryell, Mcclennon and Williamson Counties) and HIGHWAY Construction Projects Modification Number 0 Publication Date 01/03/2014 * SUTX2011-006 08 /03/2011 CEMENT MASON/CONCRETE FINISHER (Paving and Rates Structures) ...................... $ 12. 56 ELECTRICIAN ...................... $ 26.35 FORM BUILDER/FORM SETTER Paving & Curb ............... $ 12.94 Structures .................. $ 12.87 LABORER Asphalt Raker ............... $ Flagger ..................... $ Laborer, Common ............. $ Laborer, Utility ............ $ Pipelayer ................... $ Work Zone Barricade 12 .12 9.45 10.50 12.27 12.79 Servi cer .................... $ 11 . 85 PAINTER (Structures) ............. $ 18. 34 POWER EQUIPMENT OPERATOR: Agricultural Tractor ........ $ 12 .69 Asphalt Distributor ......... $ 15.55 Asphalt Paving Machine ...... $ 14 .36 Boom Truck .................. $ 18. 36 Broom or Sweeper ............ $ 11.04 Concrete Pavement Finishing Machine ........... $ 15.48 Crane , Hydraulic 80 tons Foml Revised on 7-10-12 Fringes Contract No . 15-041 Pa ge 29 or less ..................... $ 18 .36 Crane, Lattice Boom 80 tons or less ................ $ 15 . 87 Crane, Lattice Boom over 80 tons ..................... $ 19 .38 Crawler Tractor ............. $ 15.67 Directional Drilling Locator ..................... $ 11. 67 Directional Drilling Operator .................... $ 17.24 Excavator 50,000 lbs or Less ........................ $ 12.88 Excavator over 50,000 lbs ... $ 17.71 Foundation Drill , Truck Mounted ..................... $ 16.93 Front End Loader, 3 CY or Less ........................ $ 13. 04 Front End Loader, Over 3 CY .$ 13.21 Loader /Backhoe .............. $ 14.12 Mechanic .................... $ 17.10 Milling Machine ............. $ 14.18 Motor Grader , Fine Grade .... $ 18.51 Motor Grader, Rough ......... $ 14.63 Pavement Marking Machine .... $ 19 .17 Reclaimer/Pulverizer ........ $ 12.88 Roller, Asphalt ............. $ 12.78 Roller, Other ............... $ 10. 50 Scraper ..................... $ 12.27 Spreader Box ................ $ 14.04 Trenching Machine, Heavy .... $ 18.48 Servicer ......................... $ 14. 51 Steel Worker Reinforcing ................. $ 14.00 Structural. ................. $ 19.29 TRAFFIC SIGNAL INSTALLER Traffic Signal/Light Pole Worker ...................... $ 16. 00 TRUCK DRIVER Lowboy-Float ................ $ 15.66 Off Road Hauler ............. $ 11.88 Single Axle ................. $ 11.79 Single or Tandem Axle Dump Truck ....................... $ 11 . 6 8 Tandem Axle Tractor w/Semi Trailer ..................... $ 12.81 WELDER ........................... $ 15. 97 WELDERS -Receive rate prescribed for craft performing operation to which welding is incidental. Form Revised on 7-10-12 Contract No . 15-041 Page 30 1. Payment greater than prevailing wage rate as listed within this document not prohibited per Texas Government Code, Chapter 2258 , Prevailing Wage Rates , Subchapter A. General Provisions. 2. Not less than the following hourly rates shall be paid for the various classifications of work required by this project. Workers in classifications where rates are not identified shall be paid not less than the general prevailing rate of "laborer" for the various classifications of work therein listed. 3. The hourly rate for legal holiday and overtime work shall not be less than one and one-half (1 & 112) times the base hourly rate. 4. The rates listed are journeyman rates. Helpers may be used on the project and may be compensated at a rate determined mutually by the worker and employer, commensurate with the experience and skill of the worker but not at a rate less than 60% of the journeyman's wage as shown. Apprentices (enrolled in a federally certified apprentice program) may be used at the percentage rates of the journeyman scale stipulated in their apprenticeship agreement. At no time shall a journeyman supervise more than two (2) apprentices or helpers. All apprentices or helpers shall be under the direct supervision of a journeyman working as a crew. Form Revi sed on 7-1 0-12 Co ntract No . 15 -04 1 Page 3 1 Exhibit B INSURANCE REQUIREMENTS During the term of this Agreement Contractor's insurance policies shall meet the following requirements: I. Standard Insurance Policies Required: A. Commercial General Liability B. Business Automobile Liability C. Umbrella I Excess Liability -required for contract amounts exceeding $1 ,000,000 D. Workers' Compensation E. Builder's Risk-provides coverage for contractor 's labor and materials for a project during construction that involves a structure such as a building or garage . builder 's risk policy shall be written on "all risks " form. II. General Requirements Applicable to All Policies: A. Only Insurance Carriers licensed and admitted to do business in the State of Texas will be accepted. B. Deductibles shall be listed on the Certificate oflnsurance and are acceptable onl y on a per occurrence basis for property damage only. C. "Claims Made" policies are not accepted . D . E ach insurance policy shall be endorsed to state that coverage shall not be suspended , voided , canceled , reduced in coverage or in limits except after thirty (30) days prior written notice by certified mail , return receipt requested , has been given to the City of College Station. E Upon request, certified copies of all insurance policies shall be furnished to the City of College Station. F . The City of College Station, its officials , employees and volunteers, are to be named as "Additional Insured " to the Commercial General , Umbrella and Business Automobile Liability policies . The coverage shall contain no special limitations on the scope of protection afforded to the City, its officials, employees or volunteers . III . Commercial General Liability A. General Liability insurance shall be written by a carrier with a "A : VIII " or better rating in accordance with the current Best Key Rating Guide. 8 . Limit of $1 ,000 ,000.00 per occurrence for bodily injury and property damage with an annual a ggregate limit of $2 ,000 ,000.00 which limits shall be endorsed to be per Project. C. Coverage shall be ,at least as broad as ISO form GC 00 0 I. D . No coverage shall be excluded from the standard policy without notification of individual ex clusions being attached for review and acceptance . Fonn Revised on 7-10 -1 2 Contract No . 15-04 1 Page 32 E. The coverage shall include but not be limited to the following: premises/operations with separate aggregate; independent contracts; products/comp leted operations; contractual liability (insuring the indemnity provided herein) Host Liquor Liab ili ty , Personal & Advertising Liability; and Explo s ion, Collapse , and Underground coverage . IV. Business Automobile Liabi lit y A. Business Automobile Liability insurance sha ll be written by a carrier with a "A: VIII " or better rating in accordance with the current Best Key Rating Guide. B. Minimum Combined Sing le Limit of $1 ,000,000.00 per occurrence for bodily injury and property damage . C. Coverage shall be at least as broad as Insurance Service 's Office Number CA 00 01. D. The Business Auto Policy must show Symbol 1 in the Covered Autos Portion of the liability section in Item 2 of the declarations page. E . The coverage shall include owned autos, leased or rented autos , non-owned autos , any autos and hired autos . F. Pollution Liability coverage shall be provided by endorsement MCS-90, with a limit of $1 ,000 ,000.00. V. Excess Liability Umbrella form excess liability coverage following the form of the underlying coverage with a minimum l imit of $5 ,000 ,000.00 or the total value of the contract, whichever is greater, per occurrence/aggregate when comb in ed with the lowest primary liability coverage, is required for contracts exceeding $1,000 ,000 in total value. VI. Those policies set forth in Paragraphs III , IV, and V shall contain an endorsement naming the City as Additional Insured and further providing that the Contractor 's policies are primary to any self-insurance or insurance policies procured by the City. The additional insured endorsement shall be in a form at least as broad as ISO form GC 2026. Waiver of subrogation in a form at least as broad as ISO form 2404 shall be provided in favor of the City on all policies obtained by the Contractor in comp li ance with the terms of this Agreement. Contractor shall be responsible for all deductibles which may exist on any policies obtained in compliance with the terms of this Agreement. All coverage for subcontractors shall be subject to the requirements stated herein. All Certificates of Insurance and endorsements shall be furnished to the City 's Representative at the time of execution of t hi s Agreement, attached hereto as Exhibit D , and approved by the City before work commences. VII. Workers Compensation Insurance A . Pursuant to the requirements set forth in Title 28, Section 110.110 of the Texas Administrative Code, all emp loyees of the Contractor, all employees of any and a ll subcontractors, and all other persons providing services on the Project must be covered by a workers compensation insurance policy : either directly through their employer's policy (the Contractor 's or subcontractor's policy) or through an executed coverage agreement on an approved Texas Department of Insurance Division of Workers Compensation (DWC) form. Accordingly, if a subcontractor does not have his or her own policy and a coverage agreement is used , contractors and s ubcontractors must use that portion of the form whereby the hiring contractor ag rees to provide coverage to the employees of the subcontractor. The portion of the form that would otherwise allow them not to provide coverage for the employees of an independent contractor may not be Form Rev ised on 7-1 0-1 2 Co ntrac t No . 15-041 Page 33 used. B. Workers compensation insurance shall include the following terms: 1. Employer's Liability minimum limits of $1 ,000,000.00 for each accident/each disease/each employee are required. 2. "Texas Waiver of Our Right to Recover From Others Endorsement, WC 42 03 04 " shall be included in this policy. 3. Texas must appear in Item 3A of the Workers Compensation coverage or Item 3C must contain the following: All States except those listed in Item 3A and the States of NV, ND , OH, WA , WV, and WY . C. Pursuant to the explicit terms of Title 28 , Section 110.1 lO(c) (7) of the Texas Administrative Code, the bid specifications , this Agreement, and all subcontracts on this Project must include the following terms and conditions in the following language, without any additional words or changes, except those required to accommodate the specific document in which they are contained or to impose stricter standards of documentation: "A. Definitions: Certificate of coverage ("certificate'') -An original certificate of insurance , a certificate of authority to self-insure issued by the Division. of Workers Compensation, or a coverage agreement (DWC-81, DWC-83, or DWC-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 ("subcontractors " in§ 406. 096 [of the Texas Labor Code]) -includes all persons or entities performing all or part of the services the Contractor has undertaken to perform on the project, regardless of whether that person contracted directly with the Contractor and regardless of whether that person has employees. This includes, without limitation, independent Contractors, subcontractors, leasing companies, motor carriers, owner- operators, employees of any such entity, or employees of any entity which furnishes persons to provide services on the project. "Services" include, without limitation, providing, hauling, or delivering equipment or materials, or providing labor, transportation, or other service related to a project. "Services " does not include activities unrelated to the project, such as food/beverage vendors, office supply deliveries, and delivery of portable toilets. B. The Contractor shall provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements, that meets the statutory requirements of Texas Labor Code , Section 40 1.011 (44) for all employees of the Contractor providing services on the project, for the duration of the project. C. The Contractor must provide a certificate of coverage to the governmental entity prior to being awarded the contract. D. 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. Form Revi sed on 7-10-12 Contrac t No . 15-041 Pa ge 34 E. The Contractor shall obtain.from each person providing services on a project, and provide to the governmental entity: (1) 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 (2) no later than seven calendar 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. F. The Contractor shall retain all required certificates of coverage for the duration of the project and for one year thereafter. G. The Contractor shall notify the governmental entity in writing by certified mail or personal delivery, within 10 calendar days after the Contractor knew or should have known, or any change that materially affects the provision of coverage of any person providing services on the project. H. The Contractor shall post on each project site a notice, in the text, form and manner prescribed by the Division of Workers Compensation, informing all persons providing services on the project that they are required to be covered, and stating ho w a person may verify coverage and report lack of coverage. I. The Contractor shall contractually require each person with whom it contracts to provide services on a project, to : (1) provide coverage , based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements, that 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; (2) 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; (3) 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; (4) obtain.from each other person with whom it co ntracts, and provide to the Contractor: (5) (6) Form Revi sed on 7-1 0-12 Contract No . 15-04 1 (a) A certificate of coverage , prior to the other person beginning work on the project; and (b) 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; retain all required certificates of coverage on file for the duration of the project and for one year thereafter; notify the governmental entity in writing by certified mail or personal delivery, within JO Page 35 calendar days after the person knew or should have known , of any change that materially affec ts the provision of coverage of any person providing services on the project; and (7) 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 th ey are providing services. J By signing this contract , or providing, or causing to be provided a certificate of coverage, the Contractor is representing to the governmental entity that all employees of the Contractor who w ill 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 reporting of classification codes and payroll amounts ; and that all coverage agreements will be filed with the appropriate insurance carrier or, in the case of a self-insured, with the Commission 's Division of Self- Insurance Regulation. Providing false or misleading information may subject the Contractor to administrative penalties, criminal penalties, civil penalties, or other civil actions. K. The Contractor's failure to comp ly with any of these provisions is a breach of contract by the Contractor that entitles the governmental entity to declare the contract void if the Contractor does not remedy the breach within ten calendar day s after r eceipt of notice of breach from the governmental entity. " VIII. Certificates of Insurance shall be prepared and executed by the insurance company or its authorized agent, and shall contain the following provisions and warranties: A . The company is licensed and admitted to do business in the State of Texas. B . The insurance policies provided by the insurance company are underwritten on forms that have been provided by the Texas State Board of Insurance or ISO . C. All endorsements and insurance coverages according to requirements and instru ctions contained herein . D . The form of the notice of cancellation , termination , or change in coverage provisions to the City of College Station. E. Original endorsements affecting coverage required by this section shall be furnished with the certificates of insurance . Form Rev ised on 7-10 -1 2 Contrac t No . 15-041 Page 36 Form Rev ised on 7-10 -12 Contract No . 15-041 Exhibit C PERFORMANCE AND PAYMENT BONDS Page 37 Bond No . 4398221 PERFORfvL\NC b: BOND Project No._i_15~-~0~13~-------- THE STATE OF TEXAS ~ KNOW ALL MEN BY THESE PRESENTS: THE CO UNTY OF BR AZOS § . as Principal hereinafrcr called "Contractor" THAT WE, VoX Construction , L.~.c C , , a~ Suretv do herebv acknowledge . h s Tee Insurance om pany ' --' , ' ' and the other subscriber -ereto ure . • .,, . of Colle e Station. a municipal corporation, in the sum of Forty ourselves to be ?~Id and hrmly bound to the C,:1~0 Dollars g 44 212.GO for the payment of which sum, well and truly Four Th u-;a d I wo Hundred Twelve.and 60 1 . . . l d Contractor and Surety do bind themselves, to be made to the City of College Stauon and its succe s sor~, t 1e. sat their heirs, executors, adm.inistrnrors, s uccessors, and assigns, )Otntly and severally . THE CONDITIONS OF THIS OBLIGATION ARE SUCH THAT: · d C t · t in writing with the City of WHEREAS the Contractor has on or about this day execute a on me College Station for ~mand Drive Sidewalk Pro ject all of such work to be done as ~et out in full in said Co·:~tn1Ct Documents therein refe~red to an.cl a~opted by the City Council, all of which are made a part of this instn.unenr as fully and completely as if set out m tull herem. NOW THEREFORE, if the said Contractor shall faithfully and strictly perform Contract in al~ its terms, provisions, and stipulations in accordance wirh its true meaning and effect, and in_ accordance ~1th the ~ontra.ct Documents referred to therein and shall comply strictly with each and every prov1s1on of the Contra~t, mduding all warranties and indemnities therein and with this bond, then this obligation shall become null and void and shall have no further force and effect; othervv-ise the same is to remain in full force and effect. It is further understood and agreed that the Surety docs hereby relieve the City of College Station or its representatives from the exercise of any diligence whatever in securing compliance on the part of the Contractor with the terms of the Contract, including the making of payments thereunder and, having fully considered its Principal's competence to perform the Contract in the underwriting of this Performance Bond, the Surety hereby waives any notice to it of any default , or delay by the Contractor in the performance of his Contract and agrees that it, the Surety, shall be bound to take notice of and shall be held to have knowledge of all acts or omissions of the Contractor in all matters pertaining to the Contract. 'l'he Surety understands and agrees that the provision in the Contract that the City of College Station shall retain certain amounts due the Contractor until the expiration of thirty days from the acceptance of the Work is intended for the City's benefit, and the City of College Station shall have the right to pay or Vv'ithhold such retained amounts or any other amount owing under the Contract without changing or affecting the liability o f the Surety hereon in any degree . It is further expressly agreed by Surety that the City of College Station or its representacives are at liberty at any time, without notice to the Surety, to make any change in the Contract Documents and in the Work to be done thereunder, as provided in the Contract, and in the terms and conditions thereoi: or to make any change in, addition to, or deduction from the work to be done thereunder; and that ~uch changes, if made, shall not in any way vitiate the obligation in this bond and undertaking or release the Surety therefrom. Ir is further expressly agreed and understood that the Contractor and Surety v.--ill fully indemnify and hold h~rmless the City of College Station from any liability, loss, cost, expense, or damage arising out of or in connection with the work done by the Contractor under the Contract. In the event that the City of College Station shall bring Form Revised on 7-10-12 Contract No 15-041 Page 3& any suit or other proceecli.ig at law on the Contract or this bond or both, the Contractor and Surety agree co pay to the City the actual amounts of attorneys' fees incurred by the city in connection with such suit. This bond and :-Jl obligations created hereunder shall be performable in Brazos County, Texas . This bond is given in compliance with the provisions of Chapter 2253 of the 'T'exas Government Code, as amended, which is incorporated herein by this reference. However, all of the express provisions hereof shall be applicable whether o.r not within the scope of said statute. Notices required or permitted hereunder shall be in writing and shall be deemed delivered when ac tually received or, if earlier, on the third day fo ll owing deposit in a Un ited State Postal Service post office or receptacle, with proper postage affixed (certified mail, return receipt requested), addressed co the res p ective other party at the address prescribed in the Contract Documents, or ac such other address as the receiving party may hereafter prescribe by written notice co the sending party. IN WITNESS THEREOF, the said Contractor and Smety have signed and sealed this instrument on the respective dates written below their signatures and have attached current Power of i\ttorncy. ATfEST, SEt\L: (if a corporation) WITNESS: (if not a cmporat:ion) By:~~~ By: Name: /::::e.v I Y\ (JA Y'r;.L Title: Pf?:> 'I I ' '..l el.-f (,oo ,,.cfi .,,t<..f..o r Account Manager Date: REVIEWED: -·---u~--------City Attorney's Office Form Revise.don 7-10-l" Contract No 15-041 VoX Construction , LLC (Name ofC Date: SureTec Insurance Company (Full Name of Surety) 1330 Post Oak Blvd , Suite 1100 Houston , TX 77056 (Address of Surety for Notice) By: ~l~m- Title: Attorney in Fact Date: THE FOREGOING BOND IS ACCEPTED 0 -lALFOF nrn JTY OF COLLEGE ST ' ''ION, TEXAS: Page 39 ' .. I . .. ... ~ ,. , .... • I I • J POA #: 4221062 SureTec Insurance Company LIMITED POWER OF ATTORNEY Know All Men by These Presents, That SURETEC INSURANCE COMPANY (the "Company"), a corporation duly organized and existing under the laws of the State of Texas, and having its principal office in Houston, Harris County, Texas, does by these presents make, constitute and appoint C . A. McClure, Kelly J . Brooks , Kenneth L. Meyer its true and lawful Attorney-in-fact, with full power and authority hereby conferred in its name, place and stead, to execute, acknowledge and deliver any and all bonds, recognizances, undertakings or other instruments or contracts of suretyship to include waivers to the conditions of contracts and consents of surety for: Five Million and 00/100 Dollars ($5,000,000.00) and to bind the Company thereby as fully and to the same extent as if such bond. were signed by the President, sealed with the corporate seal of the Company and duly attested by its Secretary, hereby ratifying and confirming all that the said Attorney-in-Fact may do in the premises . Said appointment shall continue in force until 1213112016 and is made under and by authority of the following resolutions of the Board of Directors of the SureTec Insurance Company: Be it Resolved, that the President, any Vice-President, any Assistant Vice-President, any Secretary or any Assistant Secretary shall be and is hereby vested with full power and authority to appoint any one or more suitable persons as Attorney(s)-in-Fact to represent and act for and on behalf of the Company subject to the following provision s: Attorney-in-Fact may be given full power and authority for and in the name of and of behalf of the Company, to execute, acknowledge and deliver, any and all bonds, recognizances, contracts, agreements or indemnity and other conditional or obligatory undertakings and any and all notices and documen ts canceling or terminating the Company's liability thereunder, and any such instruments so executed by any such Attorney-in-Fact shall he bin ding upon the Company as if signed by the President and sealed and effected by the Corporate Secretary. Be it Resolved, that the signatu re of any authorized officer and seal of th e Company heretofore or hereafter affixed to any power of attorney or any certificate rel ating thereto by facsim ile, and any power of attorney or certificate bearing facsimile signature or facsimile seal shall be valid and binding up on the Company with respect to any bond or undertaking to which it is attached . (Adopted at a meeting held on 20u. of April, 1999.) Jn Witness Whereof, SURETEC INSURANCE COMPANY has caused these presents to be signed by its President, and its corporate seal to be hereto affixed this 21st day of March, A.D . 2013. State of Texas County of Harri s ss : /."0P'.Ai'.i'C' /~;. ... ············~~~ fi CJ /~-1 \0 \ ~i \~i w: w i:>! ~ / <:• /-..;/ •····· / * .... ...... SURETEC INSURANCE COMP ANY On this 21st day of March, A.D . 2013 before me personally came John Knox Jr., to me known, who, being by me duly sworn, did depo se and say, that he resides in Houston, Texas, that he is President of SURETEC INSURANCE COMPANY, the company described in and which executed the above instrument; that he knows the seal of said Company; that the seal affixed to said instrument is such corporate se'lll; that it was so affixed by order of the Board of Directors of said Company; and that he signed hi s name thereto by like order. Jacq'iielyn Maldonado, Notary Public My commission expires May 18 , 2017 I, M. Brent Beaty, Ass istant Secretary of SURETEC INSURANCE COMP ANY , do hereby certify th at the above and foregoing is a true and correct copy of a Power of Attorney , ex ecuted by said Company, which is still in full force and effect; and furthermore , the resolutions of t.'1e Board of Di re ctors, set out in the Power of Attorney are in full force and effect. Given under my hand and the seal of said Company at Houston, Texas this ___ _ Any instrument issued in excess of the penalty stated above is totally void and w ithout any val i dity. For verification of the authority of this power you may call (713) 812-0800 any business day between 8:00 am and 5:00 pm CST . I I ~--------------_J SureTec Insurance Company THIS BOND RIDER CONTAINS IMPORTANT COVERAGE INFORMATION Statutory Complaint Notice To obtain in formation or make a complaint: You may call the Surety 's toll free telephone number for information or to make a complaint at: 1-866-732-0099. You may also write to the Surety at: SureTec Insurance Company 9737 Great Hills Trail , Suite 320 Austin , Tx 78759 You may contact the Texas Department of Insurance to obtain information on companies , coverage , rights or complaints at 1-800-252-3439. You may write the Texas Department of Insurance at: PO Box 149104 Austin , TX 78714-9104 Fax#: 512-475-1771 Web : http ://www .tdi.state .tx .us Email : ConsumerProtection@td i.state .tx .us PREMIUM OR CLAIM DISPUTES : Should you have a dispute concerning your premium or about a claim , you should contact the Surety first. If the dispute is not resolved , you may contact the Texas Department of Insurance . Terrorism Risks Exclusion The Bond to which this Rider is attached does not provide coverage for , and the surety shall not be liable for , losses caused by acts of terrorism , riot , civil insurrection , or acts of war . Exclusion of Liability for Mold, Mycotoxins, Fungi & Environmental Hazards The Bond to which this Rider is attached does not provide coverage for , and the surety thereon shall not be liable for , molds , living or dead fung i, bacteria , allergens , histamines , spores , hyphae , or mycotoxins , or their related products or parts , nor for any environmental hazards , bio-hazards , hazardous materials , environmental spills , contamination, or cleanup , nor the remed iat ion thereof, nor the consequences to persons , property , or the performance of the bonded obligations , of the occurrence , existence , or appearance thereof. Bond No . 4398221 TEXAS STATUTORY PAYMENT BOND Project No.15-01~---------· THE STATE OF TEX1\S § § KNOW t\LL MEN BY THESE PRESENTS: THE COUNTY OF BRAZOS THAT WE, VoX Construction , LLC , as Principal, hereinafter called "Principal" and the other subscriber hereto SureTec Insurance Com an , a corporation organized and existing under the laws of the State of Texas . licensed to lmstness 111 the State of Texas and admitted to write bonds, as Surety, herein after called "Surety", do hereby acknowledge ourselves to be held and firmly bound to the City of College Station, a municipal corporation, in the sum of [ortt Four 'lbousand Two Hundred Twelve and 60/100 Dollars ($44,212.60) for payment whereof, the said Principal and Surety bind themselves, and their heirs, administrators, executors, successor~ and assigns jointly and severally . THE CONDITIONS OF THIS OBLIGATION ARE SUCH THAT: WHEREAS, Principal has entered into a certain contract with the City of College Station, dated the /2#/ day of c/Rf11~014, for Normand Drive Sidewalk Project ~~~~~~~~~~~~~--~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~· 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 Principal shall pay all claimants supplying labor and material to him or a subcontractor fo the prosecution of the work provided for in said contracr, then, thi s ob!igat1on shall be null and void; otherwise to remain in full force and effect; PROVIDED, HOWEVER, that this bond is executed pursuant to the provisions of Chapter 2253 of the Texas Government Code and all liabilities on this bond shall be determined in accordance with the provisions, conditions and limitations of said Code to the same extent as if it were copied at length herein . IN WITNESS THEREOF, the said Principal and Surety have signed and sealed this instrument on the respective dates written bdow their signatures. Form Revised on 7-10-12 Contract No. I 5-041 Page 40 AITEST, SEAL: (if a corporation) WITNESS: (if not a corporation) A TIBST /WITNESS (SEAL) By ~~0 j/J/~ Title: Accou nt Manager Date: REVIEWED: Fonn Revised on 7-l0-12 Contract No. 15-041 VoX Construction , LLC (Name of Contractor) SureTec lns~rance Companr ._ (Full Name of Surety) 1330 Post Oak Blvd ., Suite 1100 Houston , TX 77056 (Address of Surety for Notice) Date: Page 41 .. ...,, .. , \1 ' \. ...... ,, ·~· "' ) . POA #: 4221062 SureTec Insurance Company LIMITED POWER OF ATTORNEY Know All Men by These Presents, That SURETEC INSURANCE COMPANY (the "Company"), a corporation duly organized and existing under the laws of the State of Texas, and having its principal office iri Houston, Harris County, Texas, does by these presents make, constitute and appoint C. A. McClure , Kelly J . Brooks , Kenneth L. Meyer its true and lawful Attorney-in-fact, with full power and authority hereby conferred in its name, place and stead, to execute, acknowledge and deliver any and all bonds, recognizances, undertakings or other instruments or contracts of suretyship to include waivers to the conditions of contracts and consents of surety for: Five Million and 00/100 Dollars ($5 ,000 ,000 .00) and to bind the Company thereby as fully and to the same extent as if such bond were signed by the President, sealed with the corporate seal of the Company and duly attested by its Secretary, hereby ratifying and confinning all that the said Attorney-in-Fact may do in the premises. Said appointment shall continue in force until 1213112016 and is made under and by authority of the following resolutions of the Board of Directors of the SureTec Insurance Company: Be it Resolved, that the President, any Vice-President, any Assistant Vice-President, any Secretary or any Assistant Secretary shall be and is hereby vested with full power and authority to appoint any one or more suitable persons as Attorney(s)-in-Fact to represent and act for and on behalf of the Company subject to the following provisions : Attorney-in-Fact may be g iven full power and authority for and in the name of and of behalf of the Company, to execute, acknowledge and deliver, any and all bonds , recognizances, contracts, agreements or indemnity and other conditional or obligatory undertakings and any and all notices and documents canceling or terminating the Company's liability thereunder, and any such instruments so executed by any such Attorney-in-Fact shall be binding upon the Company as if signed by the President and sealed and effected by the Corporate Secretary. Be it Resolved, that the signature of any authorized officer and seal of the Company heretofore or hereafter affixed to any power of attorney or an y certificate relating thereto by facsimile , and any power of attorney or certificate bearing facsimile signature or facsimile seal shall be valid and binding upon the Company with respect to any bond or undertaking to which it is attached . (Adopted at a meeting held on 2rf' of April, 1999.) In Witness Whereof, SURETEC INSURANCE COMPANY has caused these presents to be signed by its President, and its corporate seal to be hereto affixed this 21st day of March, A.D. 2013. State of Texas County of Harris ss : SURETEC INSURANCE COMP ANY Jacq'iielyn Maldonado, Notary Public My commission expires May 18 , 2017 I, M. Brent Beaty, Assistant Secretary of SURETEC INSURANCE COMP ANY, do hereby certify that the above and foregoing is a true and correct cop y of a Power of Attorney, execu ted by sa id Company, which is still in full force and effect; and furthermore, the resolutions of the Board of Dire ctors, set out in the Power of Attorney are in full force and effect. Given under my hand and the seal of said Company at Houston, Texas thi s -~/_D __ Any instrument Issued in excess of the penalty stated above is totally void and without any validity. For verification of the authority of this power you may call (713) 812-0800 any business day between 8:00 am and 5:00 pm CST . I i.___ _________________ _J Bond No . 4398221 PERFOR ~:f.ANC E BOND Project N o._1_5_-0_1_3 _________ _ THE ST.-\T E or TEX.1\S KNOW ALL MEN BY THESE PRESENTS: THE CO UNTY O F BRAZOS THAT WE, VoX Cor.:!~truct i o r:i.!._~~52._. ________ .... ____ , as Principal, hereinafter called "Contractor" and the other subscriber hereto SureTec Insurance Compan y . as Surety, do hereby acknowledge ourselves to be held and firmly bound to the City of College Station , a municipal corporation, in the sum of Fortr Pour Thousand Two I-IundrGs:I Twelve and 60/100 Dollars ('.;H4,212.60) for the payment of which sum, well and truly to be made to the City of College Station and its successors, the said Contractor and Surety do bind themselves, their heirs, executors, adminismnors, successors, and as signs, jointly and severally. THE CONDITIONS OF THIS OBLIGATION ARE SUCH THAT: WHEREAS, the Contractor has on or about this day execured a Contract in writing with the City of College Station for Normand Drive Sidewalk Project _________________________________________ all of such work to be done as ~et out in full in said Contract Documents therein referred to and adopted by the City Council, all of which are made a part of this instnuncm as fully and completely as if set out in full herein . NOW 'I'HEREFORE, if the said Contractor shall faithfully and strictly perform Contract in all its terms, provisions, and stipulations in accordance wirh irs true meaning and effect, and in accordance v..1th the Contract Documents referred to therein and shall comply strictly with each and every provision of the Contract, including all warranties and indemnities therein and with this bond, then this obligation shall become null and void and shall have no further force and effect; othcrurisc the same is to rerrniin in full force and effect Tt is further understood and agreed that the Surety docs hereby relieve the City of College Station or its representatives from the exercise of any diligence whatever in securing compliance on the part of the Contractor with the terms of the Contract, including the making of payments thereunder and, having fully considered its Principal's competence to perform the Contract in the underwriting of this Performance Bond, the Surety hereby waives any notice to it of any default, or delay by the Contractor in the performance of his Contract and agrees that it, the Surety, shall be bound to take notice of and shall be held to have knowledge of all acts or omissions of the Contractor in all matters pertaining to the Contract. The Surety understands and agrees that the provision in the Contract that the City of College Station shall retain certain amounts due the Contractor until the expiration of thirty clays from the acceptance of the Work is intended for the City's benefit, and tbe City of College Station shall have the right to pay or 'W'ithhold such retained amounts or any other amount owing under the Contract without changing or affecting the liability of the Surety hereon in any degree. It is further expressly agreed by Surety that the City of College Station or its representatives are at liberty at any cime, without notice to the Surety, to make any change in the Contract Documents and in the Work to be done thereunder, as provided in the Contract, and in the terms and conditions thereof, or to make any change in, addition to, or deduction from the work to be done thereunder; and that ~uch changes, if made, shall not in any way vitiate the obligation in this bond and undertaking or release the Surety therefrom. lr is further expressly agreed and understood that the Contractor and Surety will fully indemnify and hold harmless the City of College Station from any liability, loss, cost, expense, or damage arising out of or in connection with the work done by the Contractor under the Contract. In the event that the City of College Station shall bring Form Revised on 7-10-12 Conlracl No 15-041 Page .l8 1 .• ,..,. SureTec Insurance Company THIS BOND RIDER CONTAINS IMPORTANT COVERAGE INFORMATION Statutory Complaint Notice To obta in information or make a complaint: You may call the Surety's toll free telephone number for information or to make a complai nt at: 1-866-732-0099 . You may also write to the Surety at: SureTec Insurance Company 9737 Great Hills Trail, Su ite 320 Austin , Tx 78759 You may contact the Texas Department of In surance to obtain information on companies, coverage, rights or complaints at 1-800--252-3439 . You may write the Texas Department of Insurance at: PO Box 149104 Austin, TX 78714-9104 Fax#: 512-475-1771 Web : http :/lwww.tdi .state .tx .us Email : ConsumerProtection@td i.state .tx .us PREMIUM OR CLAIM DISPUTES : Should you have a dispute concern ing your premium or about a cla im , you shou ld contact the Surety first. If the dispute is not resolved, you ma y contact the Texas Department of Insurance . Terrorism Risks Exclusion The Bond to which this Rider is attached does not provide coverage for, and the surety shall not be liable for , lo sses caused by acts of terro ri sm , riot , civil insurrection , or acts of war . Exclusion of Liability for Mold , Mycotoxins, Fungi & Environmental Hazards The Bond to which this Rider is attached does not provide coverage for, and the surety thereon shall not be liable for , molds . living or dead fungi , bacteria, allergens, histamines, spores , hyphae , or mycotoxins , or thei r related products or parts, nor for any environmental hazards , bio-hazards , hazardo us materials, environmental spills , contamination, or cleanup, nor the remediation thereof, nor th e consequences to persons , property , or the performance of the bonded obl igations , of the occurrence , existence , or appearance thereof. Exhibit D CERTIFICATES OF INSURANCE AND ENDORSEMENTS Form Revised on 7-10 -12 Con tract No . I 5-041 Page 42 I CERTIFICATE OF LIABILITY INSURANCE DATE (MM /DD/YYYY} 12/22/2014 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT : If the certificate holder is an ADDITIONAL INSURED, the policy(les) must be endorsed . If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER NAME:'~' Kathleen O'Brien Southern American Insurance Agency, Inc . 13823 Schmidt Road ~~J~o,Ext); 281. 89 <5":9294 --~~---.-':1c, No ): 281. 890.2229 ADDRESS: kathl eeno@southerna~i:.:!_ can1 n ~. ~om _ _ _ Cypress, TX 77429 1NsuRED-VoX Const ruction, LLC 1118 Ashburn Avenue College Station, TX 77840 -2502 INSURER (S) AFFORDING COVERAGE NAIC # 1NsuRER A , Accident Insurance Co111>any --~;;-ER ;,~erc ury Ins. Group -· -::: INSUR ;R-;;-: Torus National Insurance £0 ~ rr ~u~R D, Texas Mutual Insurance Cc\..()l \L\S)J 2294'1J\~ INSURER E: Scott ~da l _e _I_n_s_._c_o_. _______ +-----1 INSURER F; COVERAGES CERTIFICATE NUMBER: 2014-2015 Master -New GL REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED NOTWI TH STANDIN G ANY REQ UI REMENT , TE RM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WH IC H THIS CERTIFICATE MAY BE ISS UED OR MAY PERTAIN, THE INS URANCE AFFORDED BY THE POLICIES DESCRIBED HERE IN IS SUBJECT TO ALL THE TERMS , EXCLUSIONS AND CO NDITIONS OF SUCH POLICIES . LIMITS SHOWN MAY HAVE BEE N REDU CED BY PAID CLAIM S INSR LTR A B c D TYPE OF INSURANCE -ADD l SUB• l!'ISR WVO GENERAL LIABILITY X-1 C. OMME RCIAL GENERA L LIABI LI TY r __ ] CLA IMS-MADE 0 OCCUR -$1,000 BI/PD .Ded ------------·- GEN'L AGGREGATE LIMIT APPLIES PER: ] PO LICY [X l r;~T f ] LD C AUTOMOBILE LIAB ILIT Y X ANYAUTO ALL OWNED _ AUTOS X HIRED AUTOS -SCHEDULED AUTOS X NON ·OWNED _ AUTO S -· UMBRELLA LIAB LX I OCCUR x EXCESS LIAB I . 1 CLAIMS-MADE -OE D r 1 RETENT ION$---- WORKERS COMPENSATION AND EMP LOY ERS' LIABILITY y I N ANY PROPR IETORIPARTNER/EXECUTIVO OFFICER/MEMBER EXCLUDE D? (Mand ato ry In NH} ~m~i'P'fi~~ 0:~PERAT IO NS be low x x x N/A X :ontractors Equipment E P01.TCY err t' """ POLICY NUMBER (MM IDD /YYYY} (MM /D D/Y YYY} CPS209524~ 12/09/2014 12/08/2015 CONTRACTUAL LIABIIT~ INCLUDED LIMITS EACH OCCURRENCE $ 1 1 000, 000 D.A.MAG ~ENTE·u~--+----'---'-~I PREMISES (Ea occurrence} 1_S ____ l .... 0_0.:...L..•0 .... 0_0..;.1 ME D EXP (Any one person} $ 5 1 000 PERSONAL & ADV IN JURY $ 1, 000 J 000 GENERAL AGGREGATE $ 2, 000 1 000 PR OD_LJ_C_T_s_-_co_M_P_IO_P_A_G,_G+_$ ___ 2~ •. -ooo I 000 BA4Z0000002437 02/2712014 02/27/2015 wMc'':<~o SINGLE LIMIT s I 000 000 _i!'_E!_~~.cc.c1d""'e-'nt.._J -------1-0 __ __,r __ .rc___ BOD ILY INJURY (Pe r person) S --------·----!----·---BODI LY INJURY (Pe r accidenl} $ !>'i<OPERT'nlAMAGE s ~ci denlJ.. ____ -------- $ 82243Fl30AL] 02107/2014 02/07/2015 EACH OCC URRENCE $ 5,000,000 FOLLOW FORM ~A-G-G-RE_G_A-rE~~~~-!-'-$~~~5 L,o~o~o~.~0~0~10 1 TSF0001215849 09108/2014 09/0812015 CPS196965~ 03108/2014 0310812015 $ I T'o~v\rM Ns I I~ 1---------1 E L EACH ACCIDEN T $ E,L DISEASE· EA EMPLOYEE $ 1,000,000 1,000,00C E L DISEASE· POLICY LIMIT $ 1, 000 1 000 Rented/Leased Equipment $50,000 Any One Item $100,000 Max for all items DESCR IPTION OF OPERATIONS I LOCATIONS I VEHICLES (Attach ACORD 101, Additional Remarks Schedule , If more space ls requi red} ~e: Normand Drive, Sidewalk Project -Project No. ST1418 :(refer to attachment) CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POL ICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF , NOTICE WILL BE DELIVERED IN ACCORDA NC E WITH THE POL ICY PROVISIONS , The City of College Station Purchasing Division -City Hall AUTHORIZED REPRESENTATIVE o. a. 111~01..u. P. o. Box 9960 Co 111 ege Station, TX 77842 Southern American Ins. Aacv./KO © 1988 -2010 ACORD CORPORATION . All rights reserved. ACORD 25 (2010105) The ACORD name and logo are registered marks of ACORD The City of College Station Certificate issued to The City of College Station 12/22/2014 Southern American Insurance Agency, Inc. 12/22/2014 Certifica te Holder is completed to read: The City of College Station, its officials, employees and volunteers . Certificate Holder is inc luded as an Additional Insured on the Gen eral Liability for Ongoing & Co mp leted Operat ion , Auto Liability and Excess Liability policies as required by written contr act. Genera l Liability and Excess Li abiity policies include Pri mary and Non Contributory. Waiver of Subrogation is provide d i n favor of the Certifi cate Holder on Workrs Compensation, General Liability, Auto Liabil i ty and Excess Liabi ity policies as required by written contract. 30 Day Notice of Canc el lation except 10 Days for Non Payment. Endorseme nts attached. COMMERCIAL GENERAL LIABILITY CG 20 01 0413 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. PRIMARY AND NONCONTRIBUTORY - OTHER INSURANCE CONDITION This endorsement modifies insurance provided under the following : COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/ COMPLETED OPERATIONS LIABILITY COVERAGE PART The following is added to the Other Insurance Condi- tion and supersedes any provision to the contrary: Primary And Noncontributory Insurance This insurance is primary to and will not seek con- tribution from any other insurance available to an additional insured under your policy provided that: (1) The additional insured is a Named Insured under such other insurance; and (2) You have agreed in writing in a contract or agreement that this insurance would be pri- mary and would not seek contribution from any other insurance available to the additional insured. CG 20 01 0413 Copyright, Insurance Services Office, Inc., 2012 INSURED Page 1 of1 COMMERCIAL GENERAL LIABILITY CG 20 33 0413 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED -OWNERS, LESSEES OR CONTRACTORS -AUTOMATIC STATUS WHEN REQUIRED IN CONSTRUCTION AGREEMENT WITH YOU This endo rsement modifies insu rance provided under the following : COMM ERCIAL GENERAL LIAB ILITY COVERAGE PART A Section fl -Who Is An Insured is amended to include as an add itional insured any person or or- ganization for whom you are perform i ng opera- tions when you and such person or organization have agreed in writing in a contract or agreement that such person or organization be added as an additional insured on your policy . Such person or organization is an additional insured only with re- spect to liability for "bodily injury", "property dam - age" o r "personal and advert ising injury " cau sed , in who le or in part , by: 1. Your acts or omissions; or 2. The acts or omissions of those acting on your behalf; in the performance of your ongoing operations for the additional insured. However. the insurance afforded to such additional insured : 1 . On ly applies to the extent permitted by law; and 2. Will not be broader than that which you are re- qui red by the contract or agreement to provide for such additional insured . A person's or organization 's status as an addi- tional insured under this endorsement ends when your operations for that addit ional insured are completed . B. Wrt:h respect to the insurance afforded to these ad- ditional insureds . the following additional exclu- sions apply : This insurance does not apply to: 1. "Bodily injury", "property damage" or "personal and advert ising injury" arising out of the ren- dering of, or the failure to render , any profes- sional architectural , engineering or survey ing serv ices, including : a. The preparing , approving, or failing to prepare or approve , maps , shop draw- ings, op inions. reports , surveys, field or- ders, change orders or draw ings and specifi cations : or b. Supervisory, inspection . architectural or engineering activi t ies . This exclus ion applies even if the claims against any insured allege negligence or other wrongdoing in the supervis ion , hiring, employment, training or mo nitoring of others by that insured , if the "occur- rence" which caused the "bodily injury" or "prop - erty damage", or the offense which caused the "pe rsonal and advertising injury", involved the ren - dering of or the fa ilu re to render any profess ional architectural , eng ineering or surveying services . CG 20 33 0413 Copyright. Insuran c e Services Office, Inc ., 2012 INSURED Page 1 of2 2. "Bodily injury" or "property damage" occurring after: a. All work, including materials , parts or equipment furnished in connection with such work, on the project (other than serv- ice, maintenance or repairs) to be per- formed by or on behalf of the additional insured(s) at the location of the covered operations has been completed; or b. That portion of "your work" out of which the injury or damage arises has been put to its intended use by any person or or- ganization other than another contractor or subcontractor engaged in perform ing operations for a principal as a part of the same project. C. With respect to the insurance afforded to these additional insureds, the following is added to Sec- tion Ill -Limits Of Insurance: The most we will pay on behalf of the additional in- sured is the amount of insurance : 1. Required by the contract or agreement you have entered into with the additional insured ; or 2. Available under the applicable Limits of Insur- ance shown in the Declarations; whichever is less . This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations . Page 2 of2 Copyright. Insurance Services Office, Inc., 2012 CG 20 33 0413 POLICY NUMBER: CPS20952 44 COMMERCIAL GENERAL LIABILITY CG 2404 05 09 WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US This endorsement modifies insurance provided under the following : COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/ COMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE Name Of Person Or Organization: ANY PERSON OR ORGANIZATION WITH WHOM THE INSURED HAS AGR EED TO WAIVE RIGHTS OF RECOVERY, PROVIDED SUCH AGREEMENT IS MADE IN WRIT ING AND PRIOR TO THE LOSS. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. The following is added to Paragraph 8. Transfer Of Rights Of Recovery Against Others To Us of Section IV· Conditions: We waive any right of recovery we may have against the person or organization shown in the Schedule above because of payments we make for injury or damage arising out of your ongoing operations or ''your work" done under a contract with that person or organization and included in the "products-completed operations hazard". This waiver applies only to the person or organization shown in the Schedule above. CG 2404 OS 09 Copyright, Insurance Services Office, Inc .. 2008 INSURED Page 1of1 cg2404a.fap POLICY NUMBER: CPS20952 44 COMMERCIAL GENERAL LIABILITY CG 25 03 05 09 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DESIGNATED CONSTRUCTION PROJECT(S) GENERAL AGGREGATE LIMIT This endorsement modifies insurance provided under the following : COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Designated Construction Project(s): ANY CON STRUCTION PROJEC TS Information required to complete this Schedule, if not shown above, will be shown in the Declarations . A For all sums which the insured becomes legally obligated to pay as damages caused by "occur- rences" under Section I -Coverage A, and for all medical expenses caused by accidents under Section I -Coverage C, which can be attributed only to ongoing operations at a single designated construction proj ect shown in the Schedule above: 1. A separate Designated Construction Project General Aggregate Limit applies to each des- ignated construction project, and that limit is equal to the amount of the General Aggre - gate Limit shown in the Declarations . 2. The Designated Construction Project General Aggregate Limit is the most we will pay for the sum of all damages under Coverage A, except damages because of "bodily injury" or "property damage" included in the "pro - ducts-comp leted operations hazard", and for medical expenses under Coverage C regard - less of the number of: a. Insured s; b. Claims made or "su its" brought; or c. Persons or organizations making claims or bringing "suits". 3. Any payments made under Coverage A for damages or under Coverage C for medical expenses shall reduce the Designated Con- struction Project General Aggregate Limit for that designated construction project. Such payments shall not reduce the General Ag- gregate Limit shown in the Declarations nor shall they reduce any other Designated Con - struction Project General Aggregate Limit for any other designated construction project shown in the Schedule above. 4. The limits shown in the Declarations for Each Occurrence, Damage To Premises Rented To You and Medical Expense continue to apply. However, instead of being subject to the General Aggregate Limit shown in the Decla- rations , such lim its will be subject to the applicable Designated Construction Project General Aggregate Limit. CG 25 03 05 09 Copyright, Insurance Services Office, Inc ., 2008 INSURED Page 1 of2 cg2503-b .fap B. For all sums which the insured becomes legally obligated to pay as damages caused by "occur- rences " under Section f -Coverage A, and for all medical expenses caused by accidents under Section f -Coverage C, which cannot be attrib- uted only to ongoing operations at a single desig- nated construction project shown in the Schedule above : 1. Any payments made under Coverage A for damages or under Coverage C for medical expenses shall reduce the amount available under the General Aggregate Limit or the Products-completed Operations Aggregate Limit, whichever is appl icable; and 2. Such payments shall not reduce any Desig- nated Const ruction Project General Aggre- gate Limit. C. When coverage for liab ility arising out of the "products-completed operations hazard" is pro- vided, any payments for damages because of "bodily injury" or "property damage" included in the "products-completed operations hazard" will reduce the Products-completed Operations Aggregate Limit, and not reduce the General Ag- gregate Lim it nor the Designated Construction Project General Aggregate Limit. D. If the applicable designated construction project has been abandoned, delayed, or abandoned and then restarted, or if the authorized contract- ing parties deviate from plans, blueprints. de- signs. specifications or timetables, the project will still be deemed to be the same construction project. E. The provisions of Section Ill -Limits Of Insurance not otherwise modified by this endorsement shall continue to apply as stipulated . Page 2 of2 Copyright, Insurance Services Office , Inc ., 2008 CG 25 03 05 09 )~ SCOTTSDALE INSURANCE COMPANY® ENDORSEMENT NO. ____ _ ATTACHED TO AND F O R M IN G A PART O F P OLICY NUMBER CPS20 9 52 44 ENDORSEMENT EFFECT IVE DATE (1 2:01 A .M . STANDARD T IM E ) N AMED INSU R ED 12/08/2014 VOX CO NSTRU CT I ON , LLC THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED -OWNERS, LESSEES OR CONTRACTORS - COMPLETED COMMERCIAL OPERATIONS This endorsement modifies insu rance provided under the following : COMMERCIAL. GENERAL LIABILITY COVERAGE PART PRODUCTS/ COMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE AGENT NO . 4204 2 Name Of Additional Insured Person(s) Commercial Project Location And Description Of Or Orqanization(s) Completed Commercial Operations THE CITY OF COLLEGE STATION , I TS C/O CI TY OF COLL EGE STAT I ON OFFICIALS, EMPLOYEES, AND VOLUNTEERS P.O. BOX 9960 1 1 0 1 TEXAS AVE NU E CO LLEGE STAT I ON , TX 77 8 42 CI TY OF BRYAN C/O BRYAN TEXAS UTI LITIES P .O . BOX 1 000 BRYAN, TX 7 7 805 Information requ ired to complete this Schedule, if not shown above , will be shown in the Declarations . A. Section II -Who Is An Insured is amended to include as an additional i nsured the person(s) or organi - za t ion(s) shown in the Sc hedule, but only with respect to liability for "bodily injury" or "property damage" caused , in whole or in part, by ''your work" at the commercial project location designated and described in th e Schedule of this endorsement performed fo r that additional insured and included in the "products- completed operations hazard ." However: 1. The insu rance afforded to such additional insured only applies to the extent perm itted by law . 2. If coverage provided to the add itional insured is required by a contract or agreement, the insurance afforded to such add it ional insured will not be broader than that wh ich you are requ ired by the con- tract or agreement to provide for such additional insured . 3 . This insurance does not apply to "bodily injury" or "property damag e" arising from "your work " on , in connecti on with or in any way relating to a "r esidential proj ect." GLS-447s (2 ·1 4) Inc lu des co py righted m ateri al of ISO Prop ert ies. Inc., w ith its perm ission . Copy right, ISO Properti es . In c ., 20 12 Pa ge 1 of 2 I NSURE D gl s447s0214.fap B. With respect to the insurance afforded to these additional insureds , the following is added to Sec- tion Ill -Limits Of Insurance: If coverage provided to the additional insured is required by a cont ract or agreement , the most we will pay on behalf of the additional insured is the amount of insurance : 1. Required by the contract or agreement; or 2. Available under the applicable Limits of Insurance shown in the Declarations ; whichever is less . This endorsement shall not increase the applicab le Limits of Insurance shown in the Declarations. For purposes of th is endorsement. the following definitions apply: "Residential project" means any project involving the original development or original construction of one or more single-family or mult i-family housing units, townhouses, townhomes, residential condominiums or coope ratives, duplexes. other structures converted into condominiums or any other type of domicile in- tended for individual or collective residential ownership, and shall include the original development or origi- nal construction of all areas appurtenant to these structures, including but not limited to land acquisition , site improvements, excavation or grading of land, utilities, driveways, walkways, roadways , swimming pools, retaining walls, construction of any other structure, building, or common areas. "Residential ; project" does not mean "your work" performed in connection with an apartment building, or "your work" performed solely on or in commercial space of "mixed-use buildings ." "Mixed-use bu ild ings" means structures and improvements thereto, which contain both resident ial units and commercial space . I AUTHORIZED REPRESENTATIVE DATE Includes copyrighted material of ISO Properties, Inc., with its permission . Copyright , ISO Properties, Inc ., 2012 GLS-447s (2 -14) Page 2 of 2 POLICY NUMBER: CPS2 09 5 2 44 COMMERCIAL GENERAL LIABILITY CG 02OS12 04 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. TEXAS CHANGES -AMENDMENT OF CANCELLATION PROVISIONS OR COVERAGE CHANGE This endorsement modifies insurance provided under the following : COMMERCIAL GENERAL LIABILITY COVERAGE PART LIQUOR LIABILITY COVERAGE PART OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE PART POLLUTION LIABILITY COVERAGE PART PRODUCT WITHDRAWAL COVERAGE PART PRODUCTS/ COMPLETED OPERATIONS LIABILITY COVERAGE PART RAILROAD PROTECTIVE LIABILITY COVERAGE PART In the event of cancellation or material change that reduces or restricts the insurance afforded by this Coverage Part, we agree to mail prior written notice of cancellation or material change to: SCHEDULE 1. Name: PER CER TI FICATES OF INSURANCE ON FILE WI TH THE COM PANY 2. Address: 3. Number of days advance notice: 30 Information required to complete this Schedule, if not shown above, will be shown in the Declarations. CG 02 OS 12 04 Copyright, ISO Properties , Inc ., 2003 INSURED Page 1of1 cg0205b .fap THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. Mercury Business Auto Broadening Endorsement Thi s endorsement modifies insurance provided under the follow ing : BUSINESS AUTO COVERAGE FORM I. NEWLY ACQUIRED OR FORMED ENTITY (BROAD FORM NAMED INSURED) II. EMPLOYEES AS INSUREDS Ill. AUTOMATIC ADDITIONAL INSURED IV . EMPLOYEE HIRED AUTO LIABILITY V. SUPPLEMENTARY PAYMENTS VI. FELLOW EMPLOYEE COVERAGE VII. ADDITIONAL TRANSPORTATION EXPENSE VIII. HIRED AUTO PHYSICAL DAMAGE COVERAGE IX. ACCIDENTAL AIRBAG DEPLOYMENT COVERAGE X. LOAN/LEASE GAP COVERAGE XI. GLASS REPAIR -DEDUCTIBLE WAIVER XII. TWO OR MORE DEDUCTIBLES XIII. AMENDED DUTIES IN EVENT OF ACCIDENT, CLAIM, SUIT OR LOSS XIV . WAIVER OF SUBROGATION XV. UNINTENTIONAL ERROR, OMISSION, OR FAILURE TO DISCLOSE HAZARDS XVI. EMPLOYEE HIRED AUTO PHYSICAL DAMAGE XV II. HIRED AUTO -COVERAGE TERRITORY XV III. BODILY I NJURY REDEFINED TO INCLUDE RESULTANT MENTAL ANGUISH Copyright 2013 Mercury Insurance Services, LLC. Al l rights reserved . MCA85100113 Includes copyrighted material of Insurance Services Office, Inc ., with its Permission Pa ge 1of6 BUSINESS AUTO COVERAGE FORM I. NEWLY ACQUIRED OR FORMED ENTITY (Broad Form Named Insured) SECTION II -LIABILITY COVERAGE, A. Coverage, 1. Who Is An Insured, the following is added : d . Any business entity newly acquired or formed by you during the policy period provided you own 50% or more of the business ent ity and the business entity is not separately insured for Business Auto Coverage. Coverage is extended up to a maximum of 180 days following acquisition or formation of the business entity. Coverage under this provision is afforded only until the end of the policy period. Coverage does not apply to an "accident" which occurred before you acquired or formed the organization . II. EMPLOYEES AS INSUREDS SECTION II -LIABILITY COVERAGE, A. Coverage, 1. Who Is An Insured, the following is added : e. Any "employee" of yours is an "insured" while using a covered "auto " you don't own, hire or borrow in your business or your personal affairs. Ill . AUTOMATIC ADDITIONAL INSURED SECTION II -LIABILITY COVERAGE, A. Coverage, 1. Who Is An Insured, the following is added: f . Any person or organization that you are required to include as additional insured on the Coverage Form in a written contract or agreement that is signed and executed by you before the "bodily injury" or "property damage" occurs and that is in effect during the policy period is an "insured" for Liability Coverage, but only for damages to which this insurance applies and only to the extent that person or organization qualifies as an "insured" under the Who Is An Insured provision contained in Section II. IV. EMPLOYEE HIRED AUTO LIABILITY SECTION II -LIABILITY COVERAGE, A. Coverage, 1. Who Is An Insured, the following is added : g. An "employee" of yours is an "insured " while operating an "auto" hired or rented under a contract or agreement in that "employee's" name, with your permission, while performing duties related to the conduct of your business. V . SUPPLEMENTARY PAYMENTS MCA85100113 SECTION II -LIABILITY COVERAGE, A. Coverage, 2 . Coverage Extensions , a. Supplementary Payments , Subparagraphs (2) and (4) are replaced by the following: (2) Up to $3,000 for cost of bail bonds (including bonds for related traffic law violations) required because of an "accident" we cover . We are not obligated to furnish these bonds . (4) All reasonable expenses incurred by the "insured" at our request, including actual loss of earnings up to $500 a day because oftime off from work. Copy rig ht 2013 Mercury Insu ra nce Services, LLC. Al l rights reserved. In clud es copyrighted material of Insurance Services Office, In c., with its Permiss ion Page 2 of 6 VI. FELLOW EMPLOYEE COVERAGE : SECTION II -LIABILITY COVERAGE , B. Exclus ions, 5. Fellow Employee This exclusion doe s not apply if you have workers' compensation insurance in-fo rce covering all of your "employees". Coverage is excess over any other collectible insurance . VII. ADDITIONAL TRANSPORTATION EXPENSE SECTION Ill -PHYSICAL DAMAGE COVERAGE, A. Cov era ge, 4. Coverage Extensions, a . Transportation Expen ses, is replaced with the following : W e will pay up to $50 per day to a maximum of $1000 for temporary transportation ex pense incurred by you because of the total theft of a covered "auto" of the private pas senger type . We will pay only for those covered "autos" for which you carry either Comprehensive or Spec ified Causes of Lo ss Coverage . We will pay for temporary transportation expenses incurred during the period beginning 48 hours after the theft and ending, regardless of the policy's expiration, when the covered "auto" is returned to use or we pay for its "loss". If your business shown in the Declarations is other than an auto dealership, we will also pay up to $1,000 for rea sonable and necessary costs incurred by you to return a stolen covered auto from the place where it is recovered to its usual garaging location. VIII . HIRED AUTO PHYSICAL DAMAGE COVERAGE SECTION Ill -PHYSICAL DAMAGE COVERAGE , A . Coverage , 4 . Coverage Extensions, the following is added : c. If hired "autos" are covered "autos" for Liability Coverage in this policy and Comprehensive, Specified Causes of Lo ss, or Collision coverages are provided under this coverage form for any "auto" you own, then the Physical Damage Coverages provided are extended to "autos" you hire, subject to the followi ng limit: (1) The most we will pay for "loss" t o any hired "auto" is $50,000 or Actual Cash Value or Cost of Repair, wh ic hever is less (2) $500 deductible will apply to any loss under this coverage extension, except that no deductible shall apply to "loss" caused by fire or lightning Subject to the above limit and deduct i ble we will provide coverage equal to the broadest coverage applicable to any covered "auto" you own of sim i lar size and type . This coverage extension is excess coverage over any other collectible i nsurance . IX . ACCIDENTAL AIRBAG DEPLOYMENT COVERAGE SECTION Ill -PHYSICAL DAMAGE COVERAGE, B. Exclusions, 3.a., is amended to add the following: This exclusion does not apply to the accidental discharge of an airbag. Copyrigh t 2013 Mercury Ins uran ce Servi ces, LLC. Al l right s rese rved . MCA85100113 Incl ud es copyri ghted mater ial of Insurance Services Office, Inc ., with its Permission Page 3 of 6 X. LOAN/LEASE GAP COVERAGE SECTION Ill -PHYSICAL DAMAGE COVERAGE C. Limit of Insurance, the following is added : 4 . I n the event of a "tota l loss" to a covered "auto " shown in the schedule or declarations for wh i ch Collision and Comprehensive Coverage apply, we will pay any unpaid amount due on the lease or loan for that covered "auto," less: a. The amount paid under the Physical Dam age Coverage Section of the b. policy; and Any : (1) (2) (3) (4) (5) Overdue lease/loan payments at the time of the 11 loss11 ; Fi nancial penalties i mposed under a lease for excessive use, abnormal wear and tear or high mileage . Security deposits not returned by the lessor; Costs for extended warranties, Credit Life Insurance, Health, Acc i dent or Disability Insurance purchased with the loan or lease; and Carry-over balances from previous loans or leases. XI. GLASS REPAIR-DEDUCTIBLE WAIVER SECTION Ill -PHYSICAL DAMAG E COVERAGE, D. Deductible, the following is added : No deductible applies to glass damage if the gla ss is repaired rather than replaced. XII. TWO OR MORE DEDUCTIBLES SECTION Ill -PHYSICAL DAMAGE COVERAGE , D . Deductible, the followi ng is added : If two or more "company " policies or coverage forms apply to the same accident: 1. If the applicable Bu s iness Auto deductible is the smallest, it will be waived ; or 2 . If the applicable Bu siness Auto deductible is not the smallest, it will be reduced by the amount of th e smallest deductible; or 3 . If the loss involves two or more Business Auto covera g e forms or policies the smallest deductible will be waived. For the purpose of this endorsement "company11 means the company providing this insurance and any of the affiliated members of the Mercury Insurance Group of companies . XIII. AMENDED DUTIES IN EVENT OF ACCIDENT, CLAIM, SUIT OR LOSS M CA 85100113 The requirement in SECTION IV, BUSINESS AUTO CONDITIONS, A. Lo ss Conditions, 2. Duties In The Event Of Accident, Cla i m, Suit, Or Loss, a., In the event of "accident", you must notify us of an "accident" applles only when the "accident" is known to : (1) You, if you are an individual; (2) A partner, if you are a partne r ship; (3) A member, if you are a limited liability company; or (4) An executive officer or insurance manager, if you are a corporation . Copyrig ht 20 13 M ercury Insura nce Se rvices, LLC. All ri gh t s reserved. Incl udes co pyrighted m ate ria l of In surance Se rvices Office, Inc ., with its Per mission Page4 of 6 XIV. WAIVER OF SUBROGATION SECTION IV -BUSINESS AUTO CONDITIONS, A. Loss Conditions, 5 . Transfer of Rights Of Recovery Against Others To Us, section is replaced by the following: 5 . Transfer Of Rights Of Recovery Against Others To Us We waive any right of recovery we may have again st any person or organization to the extent required of you by a written contract executed prior to any "accident" or "loss", provided that the "accident" or "loss" arises out of the operations contemplated by such contract. The waiver applies only to the person or organization designated in such contract. XV. UNINTENTIONAL ERROR, OMISSION, OR FAILURE TO DISCLOSE HAZARDS SECTION IV -BUSINESS AUTO CONDITIONS, B. General Conditions, 2 . Concealment, Misrepresentation, or Fraud, the following is added : Any unintentional omission of or error in information given by you , or unintentional failure to disclose all exposures or hazards existing as of the effective date or at any time during the policy period shall not invalidate or adversely affect the coverage for such exposure or hazard or pr ejudice your rights under this insurance . However, you must report the undisclosed exposure or hazard to us as soon as reasonably possible after its discovery . This provision does not affect our right to collect additional premium or exercise our right of cancellation or non -renewal. XVI. EMPLOYEE HIRED AUTO PHYSICAL DAMAGE SECTION IV -BUSINESS AUTO CONDITIONS, B. General Conditions, 5 . Other Insurance, b. For Hired Auto Physical Damage Coverage, is replaced by the following : b. For Hired Auto Physical Damage Coverage, the follow ing are deemed to be covered "autos" you own : 1. Any covered "auto" you lease , hire, rent or borrow; and 2. Any covered "auto" hired or rented by your "employee" under a contract in that individual "employee's" name, with your permission , while performing duties related to the conduct of your business . However, any "auto" that is leased , hired, rented or borrowed with a driver is not a covered "auto". XVII. HIRED AUTO -COVERAGE TERRITORY M CA85100113 SECTION IV -BUSINESS AUTO CONDITIONS , B. General Conditions, 7 . Policy Per iod , Coverage Territory, e . Anywhere in the world if:, is replaced by the following : · e. Anywhere in the world if: (1) A covered "auto" is leased, hired, rented or borrowed without a driver for a period of 30 days or less; and (2) The "insured's" responsibility to pay damages is determ i ned in a "suit" on the merits, in the United States of America , the territories and possessions of the United States of America, Puerto Rico, or Canada or in a settlement we agree to. Copyright 201 3 Mercu ry In surance Ser vi ces, LLC. Al l right s reserve d. Incl udes copyrigh t ed material of Ins urance Se rv ices Office, In c., with its Perm iss i on Page 5 of 6 XVIII. BODILY INJURY REDEFINED TO INCLUDE RESULTANT MENTAL ANGUISH SECTION V-DEFINITIONS, C. "Bodily Injury" is amended by adding the following : "Bodily injury" also includes mental anguish but only when the mental anguish arises from other bodily injury, sickness, or disease . Copyright 2013 Mercury Insurance Services, LLC. All rights reserved. MCA85100113 Includes copyrighted material of Insurance Services Office, Inc., with its Permission Page 6 of 6 POLICY NUMBER : COMMERCIAL AUTO CA 20 48 02 99 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DESIGNATED INSURED This endorsemen t modifies insurance provided under the following : BUSINESS AUTO COVERAGE FORM GARAGE COVERAGE FORM MOTOR CARRIER COVERAGE FORM TRUCKERS COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply un less mod ified by this endorsement. This endorsement identifies person(s) or organization(s) who are "insureds" under the Who Is An Insured Prov i- sion of the Coverage Form . This endorsement does not alter coverage provided in the Coverage Form . This endorsement changes the po licy effective on the inception date of the policy unless another date is ind i- cated below . Endorsement Effective : Countersigned By : Named Insured : (Authorized Representative) SCHEDULE I Name of Person(s) or Organlzatlon(s): (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to the endorsement.) Each person or organization shown in the Schedule is an "insured " for Liability Coverage , but only to the extent that person or organization qualifies as an "insured" under the Who Is An Insured Provision contained in Section 11 of the Coverage Form . CA 20 48 02 99 Copyright, Insurance Services Office , Inc., 1998 Page 1 of 1 D WORKERS' COMPENSATION ANO EMPLOYERS LIABILITY INSURANCE POLICY 1.exasMuruaI® Insurance Canpany WC 42 03 04 A TEXAS WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT I This endorsement applies only to the insurance provided by the policy because Texas is shown in Item 3.A. of the lnfomnation Page. We have the right to recover our payments from anyone liable for an in j ury covered by this policy. We will not enforce our right against the person or organization named in the Schedule, but this waiver applies on ly with respect to bodily injury arising out of the operations described in the Schedule where you are required by a written contract to obtain this waiver from us. This endorsement shall not operate directly or indirectly to benefit anyone not named in the Schedule. The premium for this endorsement is shown in the Schedule. Schedule 1. ( Specific Waiver Name of person or organization Blanket Waiver Any person or organization for whom the Named Insured has agreed by written contract to furnish this waiver. 2. Operations: ALL TEXAS OPERATIONS 3. Premium The premium charge for this endorsement shall be 2, oo percent of the premium developed on payroll in connection with work performed for the above person(s) or organization(s) arising out of the operations described. 4 . Advance Premium INCLUDED, SEE INFORMATION PAGE. This endorsement changes the policy to which it Is attached effective on the Inception date of the po li cy unless a different date is indicated below . (The following "attaching clause" need be completed only when this endorsement is Issued subsequent to preparation of the policy .) This endorsement , effective on at 12 :01 A.M . standard time, forms a part of Pol icy No . TSF-0001215849 20140908 oftheTexas Mutual Insurance Company lssuedto VOX CONSTRUCTION LLC Endorsement No. Prem ium$ Authorized Representative WC420304A (ED. 1-'>1-2000) AGENT'S COPY MPLUCIUS 9-11-2014 Form Rev ised on 7-10-12 Co ntract No . 15-04 1 E x hibit E TECHNICAL SPECIFICATIONS AND PLANS Page 43 TECHNICAL SPECIFICATIONS FOR CITY OF COLLEGE STATION NORMAND DRIVE SIDEWALK PROJECT NO. ST-1418 OE J OB NO . 675.006 -P AJPB OCTOBER 2014 O'MALLEY ENGINEERS, L.L.P. BRENHAM, TEXAS TBPE NO. F-3244 TABLE OF CONTENTS SPECIFICATION NUMBER BICS Unified Specifications 01 30 00 01 55 26 01 71 13 01 71 23 02 41 13.13 03 30 00 31 23 00 32 05 17 32 11 14 32 11 16 32 11 27 32 11 29.02 32 12 13.16 32 12 13 .2 3 32 12 16 32 13 13 321613 32 16 13.01 32 92 23 33 39 13 34 41 13 TITLE Digital Construction Pictures Traffic Control Mobilization Construction Surveying Removal of Existing Concrete Concrete Excavation and Embankment Asphalts, Oils, and Emulsions Flexible Base Crushed Limestone Subgrade Preparation and Compaction Reworking Base Material Rolling Tack Coat (Asphaltic) Prime Coat -Asphaltic Hot Mix Asphaltic Concrete Pavement Concrete Pavement Concrete Curb and Gutter Concrete Sidewalk Sodding for Erosion Control (Block Sodding) Manholes Signage Modifications to B/CS Unified Specifications by O'Malley Engineers, LLP 01 71 23 (Modifications) Construction Surveying 33 39 13 (Modifications) Manholes Proj ect No. ST-1 418; OE Job No . 675 .006-PA/PB Page I of 1 Revise d -812012 B/CS Unified Specific ations SECTION 01 30 00 DIGITAL CONSTRUCTION PICTURES (Sentences and/or paragraphs that are double underlined indicate revisions that were made from the 2009 specification.) PART 1-GENERAL 1.1 DESCRIYTION A. The Contractor is required to photographically document site conditions prior to the start and during construction operations. Provide monthly, and within one month of the completion of work , photographs, 1200x800 pixels, 360dpi true color minimum resolution in JPEG file format showing the sequence and progress of work, devices, equipment, material and fitting installations. 1.2 MEASUREMENT AND PAYMENT A. The digital photographs serve as one of the methods of documentation of the work performed each month and the associated monthly invoice will not be processed without them . Photographs shall be provided for unrestricted use by the City. 1.3 SUBMITTALS A. Take a minimum of 20 digital photographs each week (more may be required to accurately document work). Photographs for each month shall be in a separate monthly directory with the orientation and location of the valves, manholes, pipe c01mections and other appu1ienances annotated on the construction drawings and the photograph. The view in each photograph shall include a sjgn showing the date. name of project. station designation. name of item being photographed. and direction camera is facing. The sign shall not block the important areas of the view and shall be legible in a three and one half inch by five inch (3-1/2" x 5") mint All prints shall show good details in both shadow and sunHt areas . Submit digital photographs and associated construction drawing with the monthly invoice on a CD-R, cumulative of all photos to date. PART 2 -PRODUCTS NIA PART 3-EXECUTION NIA END OF SECTION Section 0 I 30 00 Di gita l Con struction Pictures A pproved -8120 12 PART 1-GENERAL 1.1 DESCRIPTION SECTION 01 55 26 TRAFFIC CONTROL BI CS Unified Spe c ifications A . This Specification includes the general description of the "TRAFFIC CONTROL" and the r equirements of that plan. This specification applies to the furnishing of all labor, equipment, and materials and in performing all operations in connection with the "TRAFFIC CONTROL" in accordance with the plans and these specifications . 1.2 MEASUREMENT AND PAYMENT The work and materials as prescribed by this item will be paid on the following schedule: A . 50 % of the bid value shall be paid when the traffic control plan is fully implemented , and all of the initial traffic control devices have been installed and are in working order. B. 25 % of the value will be prorated for the installation and maintenance of traffic control devices during the course of construction as a percent of the total contract v alue. C. 25 % will be paid at the completion of construction and all traffic control devices are removed from the site. 1.3 SUBMITT ALS A. T he contractor shall submit a "TRAFFIC CONTROL PLAN" or modifications to the plan p rovided in the construction documents prior to commencing construction. All plans must be in accordance with the Texas Manual of Uniform Traffic Control Devices requirements . No plan may be implemented until approved by the Engineer. PART 2 -PRODUCTS NIA PART 3-EXECUTION 3.1 CONSTRUCTION METHODS A . T he "TRAFFIC CONTROL PLAN" and the installation of all devices should be continuously reviewed and updated to reflect the current stage of construction. The inspector ma y review minor changes; the en gi neer shall review major changes . The construction foreman shall provide the current "TRAFFIC CONTROL PLAN" to the inspector upon request on the site at any time during the construction of the project. END OF SECTION Sect ion 0 I 55 26 Tra ffi c Contro l Pl an Approve d -81201 2 BICS Unified Specific ations SECTION 01 71 13 MOBILIZATION PART 1 -GENERAL 1.1 DESCRIPTION: A. This item shall govern for the establishment of office and other facilities at the project site and the movement of personnel, construction equipment and supplies to the project site or to the vicinity of the project site in order to enable the Contractor to begin work on the other contract items that will be performed by the Contractor. The cost of the payment bond and perfonnance bond on projects that cannot begin because of a closed construction season or for the convenience of the City will be considered part of the mobilization item under this contract. 1.2 MEASUREMENT AND PAYMENT A. This Item will be measured by the "Lump Sum", as the work progres ses. B . Partial payments of the "Lump Sum" bid for mobilization will be as follows. The adjusted contract amount for construction items as used below is defined as the total contract amount less th e lump sum bid for Mobilization . I . Upon presentation of a paid invoice for th e payment bond , performance bond and /or required insurance, the Contractor will be paid that cost from the amount bid for mobilization. 2 . When I % of the adjusted contract amount for construction items is earned , 50 % of the mobilization lump sum bid or 5 % of the total contract amount, whichever is les s, wifl be paid . Previous payments under this Item will be deducted from this amount. 3 . When 5% of the adjusted contract amount for construction items is earned , 75 % of the mobilization lump sum bid or I 0% of the total contract amount , whichever is less, will be paid. Previous payments under this Item will be deducted from this amount. 4 . When 10 % of the adjusted contract amount for construction items is earn ed, 90 % of the mobilization lump sum bid or I 0% of the total contract amount, whichever is les s , will be paid. Previous payments under this Item will b e deducted from this amount. 5 . Payment for the remainder of the lump sum bid for "Mobilization" will be made on the next monthly estimate cycle after the retainage estimate. PART 2 -PRODUCTS N I A PART 3 -EXECUTION N I A END OF SECTION Sectio nO I 71 13 Mobili zat ion MODIFICATIONS SECTION 01 71 23 CONSTRUCTION SURVEYING The work under this item shall conform to the requirements of Technical Specification Section 01 71 23 - Construction Surveying, which follows in its entirety, with the following modifications. I. SECTION 01 71 23, 1.3 MEASUREMENT AND PAYMENT Delete this section in its entirety and replace with the following: "All costs associated with surveying shall be included in the lump sum cost for mobilization/demobilization." Section 0 I 71 23 (Modifi cations) Construction Surveying Approved -812012 BICS Unified Specifications SECTION 01 71 23 C O NSTR UCTIO N SURVEYI NG PART 1-GENERAL 1.1 DESCRIPTION This item shall govern the performance of construction staking including all labor, materials, submittals, tools and equipment necessary to perform all construction layout, control and reference staking for satisfactory completion of the project. 1.2 SURVEY REFERENCE POINTS A. Known basic horizontal and vertical control points for the Project are indicated. B. Locate and protect survey control points prior to starting site work, and preserve all permanent reference points during construction. C. Notify ENGINEER in writing within 24-hours of any survey work changes or clarifications required for Project. Secure written authorization prior to making any changes or relocations. D. Report in writing when any reference point is lost or destroyed, or requires relocation because of necessary changes in grades or locations. E. Replace construction stakes damaged or destroyed by CONTRACTOR at no additional cost to OWNER. 1.3 MEASUREMENT AND PAYMENT Measurement and payment for this item shall be based on a lump sum for construction staking completed in accordance with these specifications and shall include all labor, materials , testing, submittals, tools and equipment necessary to complete the work as specified. Partial payments will be made for this item based on the percentage completed of the overall work, as determined by the Engineer. ---OR--- All costs associated with surveying shall be subsidiary to the various bid items. 1.4 SUBMITT ALS A. Prior to contract closeout submit: 1. Documentation to verify accuracy of survey work. 2 . When required by Laws and Regulations, submit a certificate signed by a licensed professional certifying that elevations and locations of improvements conform with the Contract Documents . 3. A II survey data, survey information showing dimensions, location angles and elevations of construction are shown on contract record documents. Section 0 I 71 23 Construction Surveying Approved -812012 B/CS Unified Specifications PART 2 -PRODUCTS Hubs shall be 1-1/2 inch x 1-1/2 inch x 16 inch oak and witness stakes shall be 1 inch x 1 inch x 36 inch oak or other hardwood . ---OR--- NIA PART 3 -EXECUTION 3.1 PROJECT SURVEY REQUIREMENTS A. Any work done without line and grade established by CONTRACTOR is at CONTRACTOR's own risk. B . Hubs with tacks shall be used for all control points , centerline or baseline offsets and structure stakeout and shall be accompanied by witness stakes marked with the pertinent information. For supplemental stakeout only, witness stakes alone may be used . For laser grade control and the verification of the laser elevation a hub with witness shall be provided . C. All staking shall be performed under the direct supervision of a Registered Public Land Surveyor licensed by the State of Texas. D . The s urveyor shall submit certified cut sheets to the City Engineer within twenty (24) hours of performing staking. All stakes shall be set on an offset that will be clear of the excavation of the intended facility. All cut sheets shall identify benchmarks used, benchmark elevations, actual hub elevations , proposed elevations and cuts or fills for all entries . The Contractor and Project Representative for the City shall have cut sheets in hand prior to construction . E . If impacted during construction activities, each removed marker shall be re-established by the Contractor's surveyor . F . Minimum staking requirements are as follows: a. Rough Grade Stakes for Lot Grading -Provide stakes at all corners. b. Sanitary Sewer Lines i. Line and grade stakes shall be set every 25 ' for the first 100' out of the downstream manhole, and every 100 ' thereafter to the next manhole . Stakes shall be set on centerline stationing. ii. A line reference stake shall be set for each manhole location. iii. Wye locations , stationed from the downstream manhole, shall be staked and the stationing shown on the cut sheets. iv. Proposed elevations of service inverts at 15' past the right-of-way line or end of service shall be staked and shown on the cut sheets . v. Proposed structure top elevation and upstream and downstream invert elevations shall be shown on the cut sheets (manhole castings shall be set 0.05' below finished street grade). c. Water Mains i. Line and grade stakes shall be set every 100' on centerline stationing. ii. Fitting locations shall be staked and the stationing shown on the cut sheets. 2 Sectio n 0 I 71 23 Construction Surveying Approved -812012 BICS Unified Specifications 111. Line and grade stakes shall be set for all hydrants (normally, the top of the operating nut shall be set l 8"-24" above the top of curb). A line reference stake shall be set for each hydrant location. 1v. Proposed e levations of the tops of curb boxes shall be staked and shown on the cut sheets . Line reference stakes shall be set for curb box locations. d. Storm Sewer e. 1. Line and grade stakes shall be set every 25' for the fast 100' out of the downstream manhole, and every 100 ' thereafter to the next manhole or catch basin. II. 111. IV . v. VI. Streets I. ii. Ill. An offset hub and line reference stake to back of curb shall be set for all catch basins and catch basin manholes. Catch basin top, invert elevations, manhole top elevation and upstream & downstream invert elevations shall be shown on the cut sheets . Line and grade shall be set every 25' from the downstream structure for all drain tile. Wye locations, cleanouts stationed from downstream structure shall be staked. An offset hub and line reference stake to end of drain tile service stub . Set stakes to roadway centerline and edge of pavement at 50' intervals, all grade breaks , and at 1/.i points on vertical curves for roadway subgrade. When centerline stakes are set for grading subgrade, cut sheets shall be provided (unless blue tops are set). Set stakes at finish rock grade at 50 ' interva ls on center of the roadway . For roadways with a raised median island, stakes are required for the roadway on each side of the median. 1v. Line and grade stakes shall be set every 25' and for all begin, mid and end rad points at all street intersections . v. Set stakes at 25' intervals, at BC and EC for all curvilinear alignment and at midpoint of curb returns. vi . Cut sheets shall be provided for all curb and gutter construction. f. Retaining/Sound Walls 1. Set stakes at 50' intervals on centerline stationing. At all top and bottom of steps in the footing and wall. END OF SECTION 3 Section 0 I 71 23 Construction Surveying Approved -812012 PART 1-GENERAL 1.1 DESCRIPTION SECTION 02 41 13.13 REMOVAL OF EXISTING CONCRETE BICS Unified Specifications A. This item shall consist of breaking up, removing and satisfactorily disposing of existing pavement along the right-of-way or at locations shown on the Plans. 1.2 MEASUREMENT AND PAYMENT A. Existing pavement, concrete sidewalk and driveways, removed as prescribed above will be measured by the square yard in its original position, regardless of its thickness or the depth of covering . B. Existing combined concrete curb and gutter and concrete curb, removed as prescribed above, will be measured by the linear foot in its original position, regardless of its thickness or the dimensions of same . C. The work performed as prescribed by this item and measured as provided under "Measurement", will be paid for at the unit price bid for "Removal of Existing Concrete" (of the type specified), which price shall be full compensation for breaking up of the concrete, loading, hauling, unloading and satisfactorily storing or disposing of the material. Payment shall include all labor, tools and equipment to complete the work . Payment will not be made for unauthorized work. PART 2 -PRODUCTS NIA PART 3 -EXECUTION 3.1 CONSTRUCTION METHODS A. Existing pavement (with or without bituminous top), sidewalk, driveway, curb, or combined curb and gutter shall be broken up into pieces not greater than eighteen (18) inches in any dimension by air-driven machinery or other suitable means. The use of explosives will not be permitted. B. Where only a portion of the existing concrete is to be removed , special care shall be exercised to avoid damage to that portion of the concrete to remain in place. The existing concrete shall be cut to the neat lines shown on the Plans or established by the Engineer. Any existing concrete beyond the neat lines so established which is damaged or destroyed by these operations shall be replaced at the Contractor's expense. C. Existing pavement, which is to be removed, shall be loaded , hauled and neatly stored at designated sites, or otherwise disposed of as directed by the Engineer. Work performed under this item shall be inaugurated at such times and prosecuted in such manner as to cause minimum inconvenience to traffic or to the owners of adjacent property. END OF SECTION Section 02 41 13 .13 Removal of Existin g Concrete Revised -812012 BICS Unified Specifications SECTION 03 30 00 CONCRETE (Sentences and/or paragraphs that are double underlined indicate revisions that were made from the 2009 specification.) PART 1-GENERAL 1.1 DESCRIPTION A. This specification shall govern for Portland cement concrete to be used in concrete pavement, concrete structures and other concrete construction. All concrete shal! be from a NRMCA certified plant. 1.2 MEASUREMENT AND PAYMENT A. ln general and unless otherwise specified, no separate payment will be made for concrete as an item. The cost of concrete including all materials and equipment, furnishing and placing all reinforcing steel, and performing all labor for the manufacturing, transporting, placing, finishing, and curing of concrete will be included in the unit price bid for specific items as set forth in the Proposal. Payment will not be made for unauthorized work. 1.3 SUBMlTTALS List of Admixtures proposed Concrete Mix Designs and three sets of tests on the mix designs submitted. Certification for cement conformance to specification Test reports for all required concrete tests Mill report/Certifications for all Reinforcing Bar. Material Data on Control, Expansion and Contraction Joint materials and sealants . Provide a current NRMCA plant certjfication PART 2 -PRODUCTS 2.1 MATERIALS A . PORTLAND CEMENT: Cement shall be Type I, II or III Portland Cement conforming to ASTM C 150 , or Type IA, IlA or IIIA, conforming to ASTM C 17 5 except as noted below. l. Different types of cement, as prescribed above may be used in the same structure, but all cement used in any one monolithic placement shall be of the same type and brand. 2. Type III cement shall not be used when the anticipated air temperature for the succeeding 12 hours will exceed 60° F. B. FLY ASH: Fly Ash shall be Type C or F Fly Ash in accordance with ASTM C6 l 8. When fly ash is used , "cement" shall be defined as "cement plus fly ash". "Cement plus fly ash" shall be composed of Type I, II or III Portland cement up to 25 percent fly ash by weight ofcementitio us materials. Section 03 30 00 Concrete Revised-812012 BICS Unified Spec ifications C . AGGREGATE: 1. Concrete aggregate shall conform to all requirements of Texas Department of Transportation Standard Specifications for Construction and Maintenance of Highways, Streets, and Bridges (2004) Section 421.2 E 1, 2 and 3 , and ASTM C33 . 2. The maximum size of aggregate shall not be larger than one-fifth of the narrowest dimension between forms of the member for which concrete is to be used nor larger than three-fourths of the minimum clear spacing between reinforcing bars. D. WATER : Water for use in concrete and for curing shall be from municipal supplies approved by the Texas Commission on Environmental Quality and Texas Department ofHealth or shall have a maximum concentration of 5 0.000 ppm of total suspended solids according to AASHTO T26 for quality of water and conform to ASTM 1602 -Standard Specification for Mixing Water Used in the Production ofHvdraulic Cement Concrete. E . REINFORCING STEEL: 1. The reinforcing steel shall be Grade 60. 2. Steel reinforcing bars as required, shall be of the type and size as shown on Plans and shall be open hearth new billet steel of structural, intermediate, or hard grade, or shall be rail steel concrete reinforcement bars. All steel shall be bent cold . 3 . New billet steel shall conform to the requirements of the Standard Specifications for Billet-Steel Concrete Reinforcement Bars, ASTM Designation A-15 . 4 . When fabricated steel bar or rod mats are specified, the mats shall meet the cmTent requirements of specifications for Fabricated Steel Bar or Rod Mats for Concrete Reinforcement ASTM Designation A-184. 5. ln the event reinforcing bars manufactured outside of the Continental United States or its territories are used, two sets of tests from an inde pendent testing laboratory acceptable to the Engineer shall be submitted showing that the steel meets the ASTM Standards for tensile strength, phosphorus content, bend, deformations and such other requirements outlined in the ASTM Standards for the grade used. These tests shall be made by and independent testing laboratory at the Contractor's expense and shall be submitted for each 25 tons of steel supplied from each individual mill. 6. At the time of placement in the concrete, reinforcing steel shall be free of dirt, loose rust , mill scale, paint, grease, oil or other deleterious materials that would impair the bonding of the concrete to the steel. 7. Reinforcement shall be accurately positioned and, unless otherwise shown or specified, shall be secured against displacement by using at intersection, annealed iron wire of not less than No. 18 gauge or suitable metal clips. It shall be supported by plastic or metal chairs or spacers . In general, reinforcement shall be placed, spliced, lapped, located, etc ., in accordance with the recommendations of the Concrete Reinforcement Steel Institute or Texas Department of Transportation Standard Specifications for Construction and Maintenance of Highways , Streets, and Bridges (2004) Section 440. 2 Sect io n 03 30 00 Concrete Re vise d -812012 8. BI CS Unified Spec ifications Under no circumstances shall reinforcing steel or dowel bars be "stabbed" into fresh concrete. When reinforcing steel or dowel bars are required to extend beyond the slip- formed surface, holes shall be drilled and the steel shall be epoxyed into place using a pre- approved epoxy. F. STORAGE OF MATERIALS: 1. All cement, fly ash and mineral filler shall be stored in well-ventilated weatherproof buildings or pre-approved bins, which will protect them from dampness or absorption of moisture. 2. The method of handling and storing concrete aggregates shall prevent contamination with foreign materials. To assure uniform concrete, aggregate stockpiles shall be maintained at reasonably uniform moisture content. 2.2 TESTING REQUIREMENTS A. CONCRETE QUALITY AND ALLOW ABLE STRESSES I . Concrete Quality: Concrete mixes will be designed and made in sufficient number to represent the required water-cement ratios. These mixes shall comply with the requirements prescribed for strength and consistency as shown below. The Contractor shall furnish the results on trial mixes from a testing laboratory pre-apprnved by the Engineer. ·'Minimum . Compressive ·. · Stren~, psi · . at 28 days · 1,500 3,000 3,500 4,000 Minjmµm ,' . · · ¥ax,iinll:1} ·' 1 .' •• -' Cement : ·:. .:• Water · : .. : · · .• -.. Content. . ~. -· -. Content: " '., ,· . S~ck/c·q~ic :: Gal(sab~ of" · :" -...,_ : · 'Yard ,,.: .~' ·· ; cement .. ,\·. --. ' 3.0 11.0 Rip rap 4 .5 6.0 Drilled m, Inlets; Manholes; Headwalls; Sidewalks; Driveways; 5.0 6.0 Concrete Pavement; curb and gutters 5.5 5.0 Bridge slab; Culverts The slump of concrete mixtures shall be within the following limits when measured according to "Test for Slump of Portland Cement Concrete" (ASTM Cl42). When admixtures are used to increase the workability, the mix design shall indicate the slump before and after its intrnduction into the mix. 3 Section 03 30 00 Concrete Revised -812012 BICS Unified Specifications COMPRESSIVE MAXIMUM SLUMP TYPE OF CONSTRUCTION STRENGTH OF CONCRETE, psi (before admixtures) Concrete Pavement 3,500 3" Curb and Gutter 3,500 3" Sidewalk 3,000 5" Drilled Piers 3,000 7" Thin Walled Sections (9" or less) 3,000 5" Thick Walls By Special Design B. TESTS ON CONCRETE 1. During the progress of the work, compression test specimens shall be made and cured in accordance with "Standard Method of Making and Curing Concrete Compression and Flexure Test Specimens in the Field" (ASTM C31 ). Not less than three specimens shall be made for each test, nor less than one test for each 50 cubic yards or fraction thereof of concrete placed or for each day's pour. These tests shall be made by an independent testing laboratory at the Owner's expense. 2. Specimens shall be tested in accordance with "Standard Method of Test for Compressive Strength of Molded Concrete Cylinders" (ASTM C39). 3 . The standard age oftest shall be 7 days and 28 days. 4. If the average strength of the control cylinders for any portion of the structure falls below the specified compressive strength, the Engineer shall have the right to order changes in the proportions or the cement content for the remaining portion of the structure. If the concrete minimum 28 day strength is not ach ieved the Engineer shall have the right to order its removal. 5. An air-entraining admixture may be used with Type I, II, or HI Portland Cement in lieu of an Air-Entraining Portland Cement. The admixture shall meet the requirements of "Specifications for Air-Entraining Admixtures for Concrete" (ASTM C260). Concrete produced from either Type IA, IIA, or IIIA cement or the use of air-entraining admixtures shall have an air content from 3 to 5 percent when determined by means of the test for air- content, ASTM C231. C. TEST CYLINDERS Preparation of test cylinders and tests on concrete cylinders shall be made at the expense of the Owner. The cost of all failed tests shall be charged to the Contractor. PART 3-EXECUTION 3.1 CONSTRUCTION METHODS A. PREPARATION OF EQUJPMENT AND PLACE OF DEPOSIT: 4 Section 03 30 00 Concrete Revised -812012 I. 2. BICS Unified Specifications Before placing concrete, all equipment for mixing and transporting the concrete shall be cleaned. All debris shall be removed from the place to be occupied by the concrete. Water shall be removed from place of deposit before concrete is placed unless otherwise permitted by the Engineer. B. MIXING OF CONCRETE 1. The concrete shall be mixed until there is a uniform distribution of materials and shall be discharged completely, before the mixer is recharged. 2. For job-mixed concrete, the mixer shall be rotated at a speed recommended by the manufacturer. Mixing shall be continued at least one (I) minute after all materials are in the mixer. Job-mixed concrete shall be rejected and disposed of as directed if not placed as prescribed within thirty (30) minutes after beginning of mixing. Job-mixed concrete is only allowed with written approval from the City Engineer 72-hours prior to the pour. 3. Ready-m ixed concrete shall be measured, mixed and delivered in accordance with the requirements set forth in "Standard Specifications for Ready -Mixed Concrete" (ASTM C- 94 ). C. CONVEYlNG 1. Concrete shall be conveyed from the mixer to the place of final deposit by methods which will prevent the separation or loss of the materials. 2. Equipment for chuting, pumping, and pneumatically conveying concrete shall be of a size and design to insure a continuous flow of the concrete at the delivery point, without separation of the materials. D. TRANSPORTATION EQUIPMENT Transportation of concrete mixed completely in a stationary mixer, from the mixer to the point of placement, shall be by truck agitator, or in a !luck mixer operating at agitator speed, or in non-agitating equipment conforming to ASTM Standard C-94 except as modified herein. Trnck agitators, truck mixers , and non-agitating equipment shall be capable of delivering concrete without segregation in transit. Slump tests of individual samples taken at approximately the one-quarter and three-quarter points of the load during discharge shall not vary by more than 1 inch. Vehicles transporting concrete mixed partially or completely in stationary mixers shall be equipped with discharge chutes or other devices when operating outside of the prepared subgrade, or shall be supplemented by additional transfer equipment capable of discharging or transferring the concrete from the transporting vehicle to its final position in the form without segregation . E. FACILITIES FOR SAMPLING Suitable facilities shall be provided for readily obtaining representative samples of aggregate from each o f the bins or compartments for test purposes. Suitable facilities shall be provided for obtaining representative samples of concrete for uniformity tests. All necessary platforms, tools, and equipment for obtaining samples shall be furnished by the Contractor. 5 Section 03 30 00 Concrete Revised -8120 I 2 BI CS Unified Specifications F. PLACING CONCRETE I . The Contractor shall give the Engineer a minimum 24 hours advance notice before placing concrete to permit the inspection of forms, reinforcing steel placement and other preparations . 2. Concrete placement will not be permitted when impending weather conditions would impair the quality of the finished work . 3. Transporting Time: The maximum time interval between the addition of cement to the batch and the placing of concrete in the forms shall conform to the requirements below: Concrete Temp Max Time Max Time (at point of placement) (No Retarding Agent (with Retarding Agent) Minutes) Minutes Non-Agitated Concrete Above 80 F 15 30 80 F and Below 30 45 Agitated Concrete Above 90 F 45 75 Above 75 F thru 90 F 60 90 75 F and Below 90 120 4 . All fo1ms, sub grade and steel shall be dampened before placement of concrete to assist with retaining moisture in the concrete. 5. Cold Weather Precautions: Concrete shall not be placed when the ambient temperature is below 40° F and falling. Concrete may be placed when the ambient temperature is above 35° F and rising, the ambient temperature being taken in the shade and away from artificial heat. Concrete shall not be placed when the forecast predicts 72 continuous hours of temperatures less than 32° F. The Contractor shall have available a sufficient supply of pre-approved cotton mats, polyethylene sheeting or other pre-approved covering materials to immediately protect concrete ifthe air temperature falls to 32° F, or below, before concrete has been in place for less than four (4) hours . Such protection shall remain in place during the period the temperature continues below 32° F, or for a period ofnot more than five (5) days . Neither salt nor other chemical admixtures shall be added to the concrete to prevent freezing. The Contractor shall be responsible for the quality and strength of concrete under cold weather conditions and any concrete damaged by freezing shall be removed and replaced at the Contractor's expense. The surface of all concrete in bents, piers, culvert walls, retaining walls, bottom of slabs, and similar formed concrete shall be maintained at 40° For above for a period of72 hours from the time of placements. The temperature of all concrete, including the bottom slabs (footings) of culverts placed on or in the ground, shall be maintained above 32° F for a period of72 hours from time of placement. Protection shall consist of providing additional covering, insulated forms or other means, and if necessary, supplementing such coverings with artificial heating. 6 Section 03 30 00 Concrete Re vised -8120 12 6. B/CS Unified Spec ifi cations Warm Weather Precautions The following precautions shall be taken in placing, curing, and protecting the concrete when local weather records show that the maximum daily temperature is likely to exceed 95° F. The forms and the subgrade, subbase or base course shall be sprinkled with water immediately before placing the concrete. The concrete shall be placed at the coolest temperature practicable, and in no case shall the temperature of the concrete exceed 95 ° F when deposited on the subgrade, subbase or base course. The temperature of the concrete shall not exceed 85° F for bridge slabs or in the top slab of direct-traffic culverts. The aggregates and/or mixing water will be cooled as necessary to maintain the concrete temperature within the specified maximum. Concrete shall be placed in the forms continuously and rapidly at a rate of not less than 100 feet of paving lane per hour. The surface of the newly laid pavement shall be kept damp by means of a water fog or mist applied with pre-approved spraying equipment until the pavement is covered by the pre- approved curing medium. 7 . Concrete shall be deposited as nearly as practicable in its final position to avoid segregation due to rehandling or flowing. The deposition shall be at a rate that allows the concrete to be plastic at all times and permits flow readily into the space between the rebar. Retempered concrete shall not be used and concrete shall not have a fr ee fall of more than five (5) feet, except in the case of thin walls such as in culverts or as specified in other items . Any hardened concrete spatter ahead of the plastic concrete shall be removed . 8 . Concrete deposition shall be a continuous operation until completed at the panel or section. Cold joints in a mono lithic placement shall be avoided. The sequence of successive layers or adjacent portions of concrete shall be such that they can be vibrated into a homogeneous mass with the previously placed concrete. Not more than one (I) hour shall el a pse between adjacent or successive placements of concrete . 9 . Concrete shall be thoroughly consolidated and vibrated in the forms with pre-approved mechanical vibrators of a type considered in the design of forms. G. FINISHING Unless noted otherwise, apply an ordinary surface finish as the final finish to the following exposed surfaces : • inside and top of inlets, • inside and top of manholes, • inside of sewer appurtenances , • inside of culve1t barrels, bottom of bridge slabs between girders and beams, and • ve1tical and bottom surfaces of interior concrete beams or girders . An ordinary surface finish shall be as follows: • Chip away all loose or broken material to sound concrete where porous, spalled, or honeycombed areas are visible after form removal. • Repair spalls by saw-cutting and chipping at least I /2 in. deep, perpendicular to the surface to eliminate feather edges. Repair shallow cavities using a latex adhesive grout, cement mortar , or epoxy mortar as pre-approved. Repair large areas using concrete as directed or pre-approved . • Clean and fill holes or spalls caused by the removal of fonn ties, etc., with latex grout, cement grout, or epoxy grout as pre-approved. Fill only the ho les. Do not blend the 7 Sec tion 03 30 00 Con crete Revis ed -8120 l 2 BICS Unified Specifications patch with the surrounding concrete. On surfaces to receive a rub finish in accordance with Item 427, "Surface Finishes for Concrete," chip out exposed parts of metals chairs to a depth of 112 in. and repair the surface. • Remove all fins, runs, drips, or mortar from surfaces that will be exposed. Smooth all form marks and chamfer edges by grinding or dry-rubbing. • Ensure that all repairs are dense, well bonded, and properly cured. Finish exposed large repairs to blend with the surrounding concrete where a higher class of finish is not specified. Finish of Bridge Slabs and related features shall be in compliance with TxDOT Standard Specifications for Construction and Maintenance of Highways, Streets, and Bridges (2004) Section 420.4. F . CURING The concrete shall be kept wet by spraying with water after attaining its final set and before removing the forms. Bottom forms supporting floor or roof slabs shall remain in place for not less than seven (7) days. The concrete shall have attained a compressive strength of not less than 2,000 psi prior to removal of bottom forms. All other forms may be removed twenty-four hours after completion of concrete placement, providing the weather has allowed the concrete to attain its final set in less than five (5) hours . The forms shall be left on for forty-eight (48) hours whenever the temperature of the air in the shade during pouring is 90° For over. Curing shall be continued for five days after placement of concrete. This may be done with wet mats, with two applications of Type l (White in color) Liquid-Membrane-Forming Compound meeting requirements of ASTM C309, or with waterproof curing paper meeting the requirements of ASTM C171. G. CONSTRUCTION JOJNTS Construction joints will be made only at locations shown on the Plans unless written permission is granted by the Engineer to make additional joints. Unless otherwise required, make construction joints square and normal to the forms. Use bulkheads in the forms for all vertical joints. Thoroughly roughen the top surface of a concrete placement terminating at a horizontal construction joint as soon as practical after initial set is attained. Thoroughly clean the hardened concrete surface of all loose material, laitance, dirt, and foreign matter. The surface is to be dampened just prior to casting of concrete against the joint. END OF SECTION 8 Sect ion 03 30 00 Concrete Approved-812012 PART 1-GENERAL 1.1 DESCRIPTION SECTION 31 23 00 EXCAVATION AND EMBANKMENT BI CS Unified Specifications A. This Section includes providing all labor, materials, tools, and equipment necessary for excavation and embankment construction to the lines, grades and cross sections indicated in the Drawings or as directed by the ENGINEER. 1.2 MEASUREMENT AND PAYMENT A. This item will be measured by the cubic yard. Cubic yards will be measured by the difference between the surveyed original grades and the final grades . Measurements will include all authorized excavation below grade, which are not attributed to the Contractor's carelessness, in the opinion of the Engineer . B. The prices bid shall be full compensation for furnishing all materials, tools, equipment, pre- and post-grade surveys and incidentals necessary to complete the work . Payment will not be made for borrow material that is not suitable to use in embankments. Payment for unauthorized work will not be made. C. All work required for the disposal of waste, including haul, and for the salvage, utilization in the work and disposal of salvageable materials, will not be paid for directly but shall be considered a part of "Excavation and Embankment" and included in the unit price bid for this item. Payment will not be made for unauthorized work. 1.3 SUBMITTALS A. All material to be imported to the site shall be sampled at its original location and tested for acceptability. This testing shall be provided by the contractor at no expense to the owner. B. A list of all compaction equipment to be utilized shall be submitted for approval prior to equipment arriving on site. PART 2 -PRODUCTS 2.1 MATERIALS A. EXCAVATION I. All excavation shall be unclassified excavation, and shall consist of excavation and disposal of all materials, of whatever character, encountered in the WORK. B. EMBANKMENT 1. Material shall consist of soil native to the work site, with or without stone or conglomerate, of a suitable quality to secure a well bonded course. Imported material shall consist of soil hauled to the work site for use in embankment operations. 2 . Material for embankment shall be free of vegetation, wood, organic material, trash , bricks, broken concrete, piping, rubble, or other objectionable material. Material sources shall be selected to eliminate the introduction of hazardous materials into the work site. Section 31 23 00 Excavation and Embankment Approve d -8120 J 2 BICS Unified Specifications C. SELECT MATERIAL 1. Material shall have a Plasticity Index between 4 and 20 and meet all other requirements of this specification. 2.2 TESTING REQUIREMENTS A. All embankment material placed shall be tested. Unless otherwise shown on the plans, material placed for the benefit of roadway construction shall be compacted as follows : B. Structural areas (roadways, slabs, sidewalks, detention pond berms, and all areas within 5 feet of any of these) shall be compacted to 95% of the maximum dry density as determined by the Standard Procter Density Test (ASTM D698) at a moisture content between optimum and +4% wet of optimum moisture content. C. Non-structural areas (as shown on plans) shall be compacted to 90% of the maximum dry density as computed by the Standard Procter Density Test (ASTM D698) at a moisture content between optimum and +4% wet of optimum moisture content. D. Tests shall be taken at a minimum of one test per every 4000 square feet of embankment per every 12" of depth. Additional tests shall be conducted at the engineer's request. All tests meeting these requirements shall be paid for by the owner . The cost of all tests failing these requirements shall be deducted from payment for this item. PART 3 -EXECUTION 3.1 EXCAVATION A. All project excavation shall conform to the requirements of this specification. The completed roadway shall conform to the established alignment, grades and cross sections. B. Clearing and grubbing in excavation areas must be completed prior to beginning excavation operations. C. Topsoil shall be removed and stockpiled for reuse on the proposed surface. Topsoil in excess of what may be used on the finished surface shall be removed from the site by the contractor at no additional charge. Topsoil shall be assumed to be 6" deep, but shall be excavated deep enough to remove all roots and other organic material. Contractor shall first check with City to determine ifthe City would like to stockpile the topsoil. D. All suitab le excavated materials shall be utilized , insofar as practicable, in constructing the required roadway sections or in uniformly widening embankments, flattening slopes, etc., as directed by the Engineer. Unsuitable roadway excavation and excavation in excess of that needed for construction shall be known as "Waste" and shall become the property of the Contractor to be disposed of at a location approved by the Engineer. E. If "Waste" material is to be placed on property owned by a third party, the City will need a letter from the third party stating acceptance of such fill. Fill will not be allowed in 100- year floodplain without approved permits. F. Waste areas shall be uniformly graded to drain, with the outer limits feathered to blend with the existing ground. Waste areas shall be seeded, capped with suitable material, or otherwise protected from long-term erosion. 2 Section 31 23 00 Excavation and Embankment Approved -812012 BICS Unified Specifications G . During construction, the roadbed and ditches shall be maintained in a condition to insure proper drainage at all times . Ditches and channels shall be constructed and maintained to avoid damage to the roadway section . H . Gravel or base material on all existing streets shall be salvaged and used to tie-in new construction with existing unpaved streets and gravel and flexible pavement driveways . Driveways will be adjusted to provide smooth connections to new construction and shall be restored to a condition equal to or better than that existing before work began. All salvageable asphalt, gravel or rock base material not used in the work shall remain the property of the city. Such unused materials, as designated by the Engineer, shall be hauled to the city stockpile or to other stockpile locations designated by the Engineer and closer to the project than the site above . 3.2 EMBANKMENT A. Prior to placing any embankment, all Clearing and Grubbing operations shall have been completed on the excavation sources and areas over which embankment is to be placed. B. Stump holes or other small excavations in the limits of the embankments shall be backfilled with suitable material and thoroughly compacted by approved methods before commencing embankment construction. The surface of the ground, including plowed loosened ground , or surface roughened by erosion or otherwise, shall be restored to approximately its original grade by blading or other methods. Where indicated on Plans or required by the Engineer, the ground surface thus prepared shall be compacted by sprinkling and rolling. C. Unless otherwise indicated on the Plans the surface of all unpaved areas , other than rock, which are to receive embankment shall be loosened by scarifying or plowing to a depth of not less than four ( 4) inches . The loosened material shall be re-compacted with the new embankment as hereinafter specified. D. Where indicated on Plans or directed by the Engineer, the surface of hillsides to receive embankment shall be loosened by scarifying or plowing to a depth of not less than four ( 4) inches , or cut into steps before embankment materials are placed . The embankment shall then be placed in layers, as hereinafter specified, beginning at the low side in part width layers and increasing the widths as the embankment is raised. The material which has been loosened shall be re-compacted sirriultaneously with the embankment material placed at the same elevation . E. Layers of embankment may be formed by utilizing equipment which will spread the material as it is dumped, or they may be formed by being spread by blading from piles or windrows dumped from excavating or hauling equipment in such amounts that material is evenly distributed. F . No material placed in the embankment by dumping in a pile or windrow shall be incorporated in a layer in that position. All such piles or windrows shall be moved by blading or similar methods. Clods or lump s of material shall be broken and the embankment material mixed by blading, harrowing, disking, or similar methods . G. Water required for sprinkling to bring the material to the moisture content necessary for ma ximum compaction shall be evenly applied. It shall be the responsibility of the Contractor to secure uniform moisture content throughout the layer by such methods as may be necessary. When water is required to achieve the required moisture content, the water must be from a source which does not contain an y hazardous materials . Water removed from natural sources (ponds, lakes , rivers ... ) shall not impact any endangered species . Potable water sources shall be metered and paid by the contractor. 3 Secti on 3 1 23 00 Excav ation and Emb ankment Approved -812012 BICS Unified Specifications H. Where embankments are to be placed adjacent to or over existing roadbeds, the roadbed slopes shall be plowed or scarified to a depth of not less than six (6) inches and the embankment built up in successive layers, as hereinafter specified, to the level of the old roadbed before its height is increased. Then, if directed, the top of the old roadbed shall be scarified and re-compacted with the next layers of the new embankment. The total depth of the scarified and added material shall not exceed the permissible depth of layer. I. Trees, stumps, roots, vegetation , or other unsuitable materials shall not be placed in embankment. J. Except as otherwise required by the Plans, all embankment shall be constructed in layers approximately parallel to the finished grade of the roadbed , unless otherwise specified, each layer shall be so constructed as to provide a uniform slope of 1/4 inch per foot from the center line of the roadbed to the outside. Super elevated curves will require that each layer shall be constructed to conform to the super elevation required by the governing standard . K. Embankments shall be constructed to the grade established by the Engineer and completed embankments shall correspond to the general shape of the typical sections shown on the Plans. Each section of the embankment shall correspond to the detailed section or slopes established by the Engineer. After completion of the roadway, it shall be continuously maintained to its finished section and grade until the project is accepted. 3.3 EARTH EMBANKMENTS A. Earth embankments shall be defined as those composed principally of material other than rock, and shall be constructed of accepted material from approved sources. B . Except as otherwise specified, earth embankments shall be constructed in successive layers for the full width of the individual roadway cross section and in such lengths as are best suited to the sprinkling and compaction methods utilized. C . Layers of embankment may be formed by utilizing equipment which will spread the material as it is dumped, or they may be formed by being spread by blading from piles or windrows dumped from excavating or hauling equipment in such amounts that material is evenly distributed. - D . No material placed in the embankment by dumping in a pile or windrow shall be incorporated in a layer in that position. All such piles or windrows shall be moved by blading or similar methods. Clods or lumps of material shall be broken and the embankment material mixed by blading, harrowing, disking, or similar methods . E. Water required for sprinkling to bring the material to the moisture content necessary for maximum compaction shall be evenly applied . It shall be the responsibility of the Contractor to secure a uniform moisture content throughout the layer by such methods as may be necessary . F. All earth cuts, full or part width cuts in side hill which are not required to be excavated below sub-grade elevation for base and backfill , shall be scarified to a uniform depth of at least six (6) inches below grade . The material shall be mixed and reshaped by blading and then sprinkled and rolled in accordance with the requirements outlined above for earth embankments and to the same density as required for the adjacent embankment. 3.4 COMPACTION A. Each layer shall be compacted to the required density by suitable equipment. 4 Sec tion 31 23 00 Exca vat ion and Embankm ent Approved -812012 B/CS Unified Specifications B. The depth of each layer, prior to compaction, shall not exceed that depth which will produce six (6) inch compacted thickness . Prior to and in connection with, the compaction operation each layer shall be brought to the moisture content necessary to obtain the required density and shall be kept leveled with suitable equipment to insure uniform compaction of the entire layer. C. For each layer of earth embankment and select material, it is the intent of this Specification to provide the density as required herein , unless otherwise shown on the Plans. Embankment soils shall be sprinkled as required and compacted to the extent necessary to provide not less than ninety-five (95) percent of the density as determined in accordance with Texas Highway Department Test Method Tex-113-E. Field density determinations will be made in accordance with approved methods. D. When the Contractor states that each layer of earth embankment or select material is complete and ready for the next layer, tests as necessary will be made by the Engineer . If the material fails to meet the density specified, the course shall be reworked as necessary to obtain the specified compaction, and the compaction method shall be altered on subsequent work to obtain specified density. Such procedure shall be determined by, and subject to, the approval of the Engineer. E. Should the sub-grade, due to any reason or cause, lose the required stability, density, or finish before the pavement structure is placed, it shall be re-compacted and refinished at the sole expense of the Contractor. Excessive loss of moisture in the sub-grade shall be prevented by sprinkling, sealing or covering with a subsequent layer of granular material. Excessive loss of moisture shall be construed to exist when the sub-grade soil moisture content is more than four (4) percent below the optimum for the density specified . F. In addition to the requirements in the Roadway Excavation item of the Specifications covering the general selection and utilization of materials to improve the roadbed , embankments shall be constructed in proper sequence to receive the select material layers shown on Plans, with such modifications as may be directed by the Engineer. The layer of embankment immediately preceding the upper layer of select material shall be constructed to the proper section and grade within a tolerance of not more than 0 .10 foot from the established section and grade when properly compacted and finished to receive the select material layer. 3.5 PROOF ROLLING A. Prior to the placement of any material on native earth, the area shall be proof rolled . The native soil shall be rolled with sufficient intensity to bring out weak spots in the sub-grade which would otherwise fail during the construction process . The proof rolling shall be completed with equipment weighing at least 20 tons with tire pressures at least 50 and no more than 150 psi. A minimum of two coverage 's of the proof roller will be required each succeeding trip of the proof roller shall be offset by not greater than one tire width. Rollers shall be operated at speed between 2 and 6 miles per hour . Areas failing this test shall be excavated to a depth not to exceed two feet and horizontally ten feet beyond the failed area in all directions. Earth removed from this area may be replaced , stabilized, or "dried out" at the discretion of the engineer. No additional payment will be made for proof rolling prior to placement of embankment. END OF SECTION 5 Sect ion 31 23 00 Exca vati on and Emb ankm ent Approved-812012 PART 1 -GENERAL 1.1 DESCRIPTION SECTION 32 05 17 ASPHALTS, OILS AND EMULSIONS BICS Unified Specifications A. This item establishes the requirements for oil asphalts , cut-back as phalts, flux oils , and emulsified asphalts to be used . 1.2 MEASUREMENT AND PAYMENT A. Asphalts, Oils and Emulsions will be paid for in accordance with the governing Specifications for the item(s) of construction in which they are used . PART 2-PRODUCTS 2.1 MATERIALS A. Terms relating to oil asphalt shall be as defined in the current "Definition of Terms Relating to Materials for Roads and Pavements", A.S .T.M. Designation D-6. B. The aspha ltic material shall be of the grade and type shown on the Plans and/or otherwise s pecified, and shall meet the following requirem ents: 1. Oil Asphalt: The material shall be homogeneo us , shall be free from water , shall not foam when heated to 347° F., and shall meet the following requirements: TYPE-GRADE OA-55 OA-65 OA-75 OA-90 OA-135 . OA-175 Min-Max Min-Max Penetration at 77o F ., 100 gm, 5 sec. 50 -60 60 -70 Ductility at 77° F., 5cm/min, ems 100 ---100 --- F lash Point C.O.C., o F. 450 ---450 --- Softening Point R. &B., °F . 113-140 113-140 Loss at 325° F ., 50 gm., 5 hrs.,% --0.75 --0.75 Penetration of Residue, 77o F. 100 gm , 5 sec. 30 ---40 --- Solubili ty in CCl4,% 99 .5 --99 .5 -- Min-Max M in-Max . ' 70 -85 85 -100 I 00 ---100 --- 450 ---450 --- I 13-140 113-140 --0 .75 --0 .75 45 ---50 --- 99.5 --99.5 -- .. Min-Max Min-Max 120-150 150-200 100 ---70 --- 450 ---450 --- 113-140 113-140 --0 .75 --0.75 70 ---90 --- 99.5 --99 .5 -- Section 32 05 17 Asphalts, Oils and Emulsions Approved -8/2012 BICS Unified Sp ec ifications 2. Cut-Back Asphalt: The material shall be free from water and shall meet the following requirements: TYPE-GRADE RC-1 RC-2 MC-1 MC-2 MC-3 Min-Max Min-Max Min-Max Min-Max Min-Max Flash Point T .O.C ., ° F. 80 ---80 ---80 ---150 ---150 --- Furol Viscosity at 77° F ., Sec. ------- -------110-150 -------------- Furol Viscosity at 122° F ., Sec . 100-160 200-275 --------------------- F urol Viscosity at 140° F., Sec. ---------------------150-250 300-500 The distillate shall be as follows, expressed as percent by volume of total cut-back: Offat437°F . 12 ---10 ------10 ---2 ---2 Off at 600° F. 25 ----------25 ---10 -20 8 -20 Off at 680° F. ---40 ---30 ---50 ---27 ---25 Off between 600° F. and 680° F. ----------5 --------------------- Tests on residue: Penetration at 77° F ., 1 00 gm, 5 sec . 70 100 120-150 100-200 100-200 100-200 Ductility at 770 F ., 5 cm/min., ems . l 00 ---100 ---I 00 ---I 00 ---100 --- Solubility in CCI 4, % 99.5 --99 .5 --99 .5 --99.5 --99.5 -- 3. Flux Oil : Fl uxing material shall be homogeneous. It sh all show no separation of asphalt after thorough mixing and shall meet the viscosity requirements at any time within thirty (30) days after delivery . P urol Viscosity at 1220 F., Sec. Flash Point C.O.C., °F. Loss on Heating, 50 gms ., 5 hrs., at 325° F ., % 2 50 250 0 100 5 Sectio n 32 05 17 Asphalts, Oils and Em ul sions Approved -81201 2 BICS Unified Specifications 4 . Emulsions: The material shall be homogeneous. It shall show no separation of asphalt after thorough mixing and shall meet the viscosity requirements at any time within thirty (30) days after delivery. ·TYPE-GRADE EA-HVRS EA-HVMs.· EA-lOS ' EA-HM ,. ' .. Min-Max Min-Max Min-Max ·Min .. Max ... ~ Furol Viscosity at 77° F., Sec. --------------30-100 30-100 Furol Viscosity at 122° F., Sec. 100-300 100-300 -------------- Residue by Distillation, % 60 ---60 ---57.5-65 57 .5-65 Oil Portion of Distillate, % -----------------2 ---2 Sieve Test, % ---0.05 ---0.05 ---0.05 ---0.05 Miscibility (Standard Test) ----------------Passing Passing Coating ----------------Passing Passing Cement Mixing, % ..... ______ -----------2 -------- Demulsibility 50 cc of N/50 CaCI 2 , % ---------------------------70 Demulsibility 35 cc of N/50 Caci 2, % 30 ---30 ------------------- Settlement, 5 days, % ---3 ---3 ---3 ---3 Freezing Test 3 cycles (*) ----------------Passing* Passing* Tests on residue: Penetration at 77° F., 100 g, 5 Sec. 100-200 100-200 100-175 100-175 Solubility in CCI 4, % 97.5 ---97 .5 ---97.5 ---97 .5 --- Ductility at 77° F ., 5 cm/min., ems. 40 ---40 ---40 ---40 --- (*) Applies only when Engineer designates material for winter use. 2.2 TESTING REQUIREMENTS A. The properties enumerated herein for Asphalts, Oils and Emulsions shall be determined in accordance with the applicable current A.A.S .H.O. methods except where otherwise specified . 3 Se ction 32 05 17 As phalts , Oil s and Emul sio ns Approved -812012 BICS Unified Specifications PART 3 -EXECUTION 3.1 GENERAL Oil Asphalts, Cut-Back Asphalts, and the temperatures which provide optimum fluidity for uniform and easy application. No Rapid Curing Cut-Back Asphalt shall be applied at a temperature in a temperature in excess of 275° F. Recommended application temperature ranges for the types and grades of asphalts are as follows: ·TYPE GRADE APPLICATION TEMPERATURES Minimum Maximum Oil Asphalts -All Types All Grades 275°F 375°F Cut-Back Asphalts -Rapid Curing RC-1 80° F 150° F RC-2 100° F 175° F Cut-Back Asphalts -Medium Curing MC-I 70° F 150° F MC-2 100° F 200° F MC-3 175° F 250°F Emulsified Asphalts -All Types All Grades 50° F 140°F All asphaltic materials which have been heated above 400° F. will be rejected . END OF SECTION 4 Section 32 05 17 Aspha lts, Oils and Emu lsions Approved -81201 2 BICS Unified Specifications SECTION 32 11 14 FLEXIBLE BASE CRUSHED LIMESTONE PART 1-GENERAL 1.1 DESCRIPTION A. This item shall consist of a base course composed of crusher-run broken limestone. The base shall be constructed as specified in one or more courses in confonnity with the typical section shown on the Plans, and to the line and grades established by the Engineer. 1.2 MEASUREMENT AND PAYMENT A. Payment for flexible base will be made at the unit price bid in the Proposal. The price shall include preparing and rolling the sub-grade, furnishing and placing the base material, all royalty and freight, hauling and delivery on the street, spreading, shaping, dragging, sprinkling or drying, compacting and finishing; for all manipulation, labor, tools and incidentals necessary to complete the work. Payment will not be made for unauthorized work. 1.3 SUBMITT ALS A . The Contractor shall furnish the Engineer with two copies of all test results performed by a pre-approved independent testing laboratory. The documentation shall be specifically for the material that is to be used on the project. PART 2 -PRODUCTS 2.1 MATERIALS A. The material shall meet the material requirements of TX DOT 247 , Type A , Grade 1. The Contractor shall be responsible for insuring that all materials delivered at the job site meet the specifications . The Engineer may require testing or retesting by an acceptable independent testing laboratory of any materials submitted . If this testing indicates the material to be unsatisfactory, the Contractor shall be required to pay for those tests , as well as supply materials which comply with said specifications . The material shall be obtained from pre-approved sources at the time of submittal, shall be crushed, and shall consist of durable particles of stone mixed with pre-approved binding materials. Unless otherwise specified on the Plans the processed material shall meet the following requirements: I . Test Requirements : The processed material shall meet the following requirements when tested in accordance with procedures as outlined in TX DOT Item 247 . Retained on 1 3/4" sieve Retained on 7/8" sieve Retained on 3/8" sieve Retained on 4 mesh sieve Retained on 40 mesh sieve 0% 10% -35% 30%-50 % 4 5%-65 % 70% -85 % Secti on 32 l l 14 Flexibl e Base Cru shed Lim esto ne Approved -812012 BI CS Unified Sp ecifications a. Liquid Limit : The portion of material passing the 40 mesh sieve shall have a liquid limit of 35 or less, in accordance with TEX-104-E. b . Plasticity Index: The portion of material passing the 40 mesh sieve shall have a plasticity index of not less than 4 nor more than 10 , in accordance with TEX-106- E . c. Abrasion : The crushed stone shall have an abrasion loss of not more than 40% when subjected to the Wet Ball Mill Test, TEX-116-E with a maximum of 20% increase in passing the No. 40 sieve. d. Triaxial Test : The crushed stone shall have a minimum compression strength of 45 psi at 0 psi lateral pressure and 175 psi at 15 psi lateral pressure in accordance with TEX-117-E. 2.4 EQUIPMENT A. All equipment shall be adequate for the purposes intended , meeting the approval of the Engineer prior to the start of work . 2.3 TESTING REQUIREMENTS A . The Contractor shall have field densities performed on the base for review by the Engineer. These tests shall be taken at points directed by the Engineer with a maximum of one test per construction station. The City will not pay for failing tests. B. Testing for required depth will be performed upon completion of the course to the lines and grades specified. PART 3-EXECUTION 3.1 PLACING A. The flexible base course shall be placed upon a previously approv ed sub-grade. Immediately before placing the flexible base material, the sub-grade shall be checked for conformance with the Plans and Specifications and any corrections as pre-approved by the Engineer shall be made. B . Material deposited upon the sub -grade shall be spread and shaped the same day. The material shall conform to the typical sections as shown on the Plans . All areas and "nests" of segregated coarse or fine materials shall be corrected or removed and replaced with well- graded material. The Contractor shall furnish and apply additional binder to the in-place material , if directed by the Engineer . Such binder material shall be carefully and evenly incorporated with the in-place material by scarifying, harrowing, brooming, or other pre- approved methods. 3.2 FINISHING AND COMPACTION A. The flexible base course shall be sprinkled as required and rolled until obtaining a uniform compaction and the required density . B . Compaction of the flexible base course shall be accomplished with a pneumatic. Rolling shall continue until the base course material has been compacted to ninety five percent (95 %) 2 Sec tio n 32 11 14 Flex ible Ba se Cru shed Li mestone Approved -8120 I 2 BI CS Unified Specifications of the modified density (ASTM D1557). The allowable deviation from optimum moisture content is to +4%. C. The shape of the course shall be maintained by blading throughout the entire compacting operation. The completed surface shall be smooth and in conformance with the typical sections shown on Plans and to the established lines and grades. Completed surfaces that deviate in excess of one-fourth (1/4) inch in cross-section and in a length of sixteen (16) feet measured longitudinally shall be connected. D. The method of conection shall be by loosening, adding or removing material, and reshaping and recompacting by sprinkling and rolling. All irregularities, depressions or weak spots which develop shall be corrected immediately by scarifying the affected areas, adding suitable material as required, and reshaping and recompaction by sprinkling and rolling. E. When directed by the Engineer the base course may be opened to traffic. The Contractor shall direct and distribute the traffic uniformly over the entire width of the course. During the period traffic is being directed over the course, the surface shall be satisfactorily maintained by the use of blades, drags and other equipment. Maintenance operations shall continue until starting the application of the next course or the surface course. END OF SECTION 3 Section 32 11 14 Flexible Base Crushed Limestone Approved -812012 BICS Unified Specifications SECTION 32 11 16 SUBGRADE PREPARATION AND COMP ACTION PART 1 -GENERAL 1.1 DESCRIPTION A. This item shall consist of scarifying, blading and rolling the sub-grade to obtain a uniform texture and a uniform density throughout the required depth as shown on the Plans. 1.2 MEASUREMENT AND PAYMENT A. When the Contractor thinks the sub-grade is ready for acceptance by the Engineer, he will have field densities performed on the sub-grade at his expense by an independent testing laboratory approved by the Engineer. These tests shall be taken at points directed by the Engineer with a maximum of one test per station of construction. These tests shall be performed by the method outlined in A.S.T.M. Designation D-698, or an equivalent method approved by the Engineer (Balloon Density or Harris Cup). A section will be considered satisfactory as to density when no single test indicates less than 98% Standard ASTM D- 698. A written report containing the dry density, the moisture content and location of each in place sample taken shall be submitted to the Engineer. B. Payment for compacted sub-grade shall be included in the unit price bid for "Concrete Pavement", "Flexible Base" or "Compacted Sand Sub-base" as the case may be. Price will be full compensation for removing excess material, shaping, fine grading and compacting the sub-grade; for furnishing and hauling all materials , blading, shaping, rolling and finishing, and all labor , tools and incidentals necessary to complete the work except roadway excavation. Payment will not be made for unauthorized work. PART 2 -PRODUCTS NIA PART 3 -EXECUTION 3.1 GENERAL A. The roadbed shall be excavated and shaped in conformity with the typical sections shown on the Plans and to the lines and grades established by the Engineer. The entire roadway cross- section including an area two (2) feet back of the proposed curb line shall be bladed clear of vegetation and scarified as directed by the Engineer. All unstable or otherwise objectionable material shall be removed or broken off to a depth of not less than six (6) inches below the surface of the sub-grade. Holes or depressions resulting from the removal of such material shall be backfilled with suitable material compacted in layers not to exceed six (6) inches. All soft and unstable material and other portions of the sub-grade which will not compact readily or serve the intended purpose shall be removed as directed. No direct payment will be made for such removal, except where each separate spot or area requiring removal exceeds ten (10) cubic yards, in which case measurement and payment will be made as provided in the SECTION 3 1 23 00 -EXCAVATION AND EMBANKMENT . Section 32 I I 16 Subgrade Preparation and Compaction Approv ed-81201 2 BICS Unified Specifications B. The sub-grade shall be scarified to the depth shown on the Plans and bladed and compacted in the manner directed in the section on "Finishing and Compaction". The surface of the sub-grade shall be finished to line and grade as established, and be in conformity with the typical sections shown on the Plans . Any deviation in excess of one-half ( 1/2) inch in cross- section and in a length of sixteen ( 16) feet measured longitudinally shall be corrected by loosening, adding or removing material , reshaping or compacting by sprinkling and rolling . Material excavated in the preparation of the sub-grade shall be disposed of as directed by the Engineer . 3.2 FINISHING AND COMPACTION A. The sub-grade course, including an area two (2) feet back of the proposed curb line, shall be sprinkled as required and rolled as directed until a uniform compaction and required density is obtained. Compaction of the sub-grade may be done using any of the rolling equipment outlined in SECTION 31 11 29.02 -ROLLING . However, required densities must be met. Should the Engineer feel that too much time is being required to obtain those densities he can require that a heavy pneumatic roller be applied . Rolling shall continue until the sub-grade has been compacted to ninety-eight (98) percent of the Standard Density (A.S .T .M . Method D-698). The allowable deviation from optimum moisture content is 0 to +4%. B. Rolling shall progress gradually from the sides to the center of the lane under construction, by lapping uniformly each proceeding track by at least twelve (12) inches . C . After rolling and watering, the sub-grade shall be checked by the use of string line or instrument. All portions that do not conform to the lines and grades as shown on the Plans, shall be scarified for at least six ( 6) inches and re-compacted to correct elevation . D . Until the base course or pavement is pl a ced, the sub-grade shall be maintained free from ruts and depressions, in a smooth and compacted condition true to lines and grade and to the density requirements contained herein. All of the Contractor's hauling and other equipment used in such a way as to cause rutting and raveling of the sub-grade shall either be removed from the work or suitable runways or other equivalent means shall be provided to prevent rutting . E. The Contractor shall be responsible for maintaining and protecting the roadbed for the entire length of the project. F. During construction, grading of the sub-grade shall be conducted so that the berm of earth or other material does not prevent immediate drainage of water to the side . Ditches and drains along the sub-grade shall be maintained so as to drain effectively. END OF SECTION 2 Sec ti on 32 11 16 Sub gr ade Prepara ti on and Co mpacti on Approved -812012 PART 1-GENERAL 1.1 DESCRIPTION SECTION 32 11 27 REWORKING BASE MATERIAL BICS Unified Specifications A . This item consists of reworking existing base material (with or without an asphaltic surface). This item also consists of the blending of new base material when specified in the Contract Documents. 1.2 MEASUREMENT AND PAYMENT A. Reworking Base Material by scarifying and reshaping or by scarifying, salvaging and replacing will be measured by the square yard of existing base or pavement in the original position. This is a plans quantity measurement and the quantity to be paid will be that shown in the proposal. No payment will be made for thickness or width exceeding that shown on the typica l sections or provided by the Contract Documents. B. The bid price includes full compensation for scarifying, salvaging, mixing, spreading, blading, shaping, wetting, compacting, and finishing of new and/or existing base material and for all labor, material, tools, equipment and incidentals necessary to complete the work including warranty work performed to satisfy the guarantee. Payment will not be made for unauthorized work. C. When new base material is mixed with the existing base material, furnishing and delivery of the new base wi ll be paid for in accordance with SECTION 32 11 14 -FLEXIBLE BASE CRUSHED STONE LIMESTONE. PART 2 -PRODUCTS 2.1 TESTING REQUIREMENTS A. A compaction curve (ASTM D 1557) shall be developed on the mixed or blended material. B . In-place field density shall be determined by Nuclear Methods (ASTM D 2922) or by Sand Cone Methods (ASTM D 1556) at locations selected by the Engineer. The frequency of tests sha ll be at least one every 300 lineal feet or a minimum of three (3) tests, whichever is greater. C . The base course shall be proof rolled as directed if, in the opinion of the Engineer, the blended material is non-uniform and a representative sample cannot be obtained for developing a compaction curve. PART 3 -EXECUTION 3.1 GENERAL A. The work shall be performed to the width and depth specified in the Contract Documents. B . Reworking base material shall consist of either scarifying and reshaping or scarifying, salvaging and replacing existing base material as defined below ; Se ction 32 11 2 7 Reworking Base Materi al Approved -812012 BI CS Unified Specifications 1. Scarifying consists of loosening and breaking the existing base material. 2. Reshaping consists of reworking the scarified in-place base material with or without additional new base material. 3 . Salvaging consists of removing, saving and temporarily stockpiling, if necessary, the existing scarified base material. 4 . Replacing consists of returning and reworking the salvaged base material, with or without additional new base material, on the prepared roadbed . New base material, when required, shall meet the requirements of SECTION 32 11 14 - FLEXIBLE BASE CRUSHED STONE LIMESTONE. 3.2 SCARIFYING AND RESHAPING A. The existing base, with or without existing asphaltic concrete pavement, shall be cleaned of all objectionable materials by blading, brooming or other approved methods, prior to scarifying. After cleaning, the existing material shall be scarified for its full width and depth, unless otherwise shown on the plans. The underlying sub-grade shall not be disturbed. The material shall be broken into pieces not more than two-and-one-half (2 1/2) inches in size. B . After completion of scarifying, the existing base shall be mixed and shaped to conform to the lines , grades, and typical sections shown on the Plans. C . New base material shall be placed on the existing scarified material and uniformly mixed when required by the Contract Documents. 3.3 SCARIFYING, SALVAGING AND REPLACING A. The existing base, with or without existing asphaltic concrete pavement, shall be cleaned of all objectionable materials by blading, brooming or other approved methods, prior to scarifying. After cleaning, the existing material shall be scarified for its full width and depth, unless otherwise shown on the plans. The underlying sub-grade shall not be disturbed. The material shall be broken into pieces not more than two-and-one-half (2 1/2) inches in size. B. The scarified material shall be removed from the roadbed. The scarified material may be salvaged by placing in temporary stockpiles or windrows until preparation of the sub-grade is complete. C. All salvaging operations shall not interfere with traffic, proper drainage or the general requirements of the work. All material to be salvaged shall be kept reasonably free of soil from the sub-grade or roadbed . D. Prior to replacing the salvaged material, the sub-grade shall be constructed and shaped to conform to the requirements of the Contract Documents. This work shall be done in accordance with the provisions of applicable bid items. E. The salvaged material shall be deposited on the prepared sub-grade, wetted if needed, bladed and shaped to conform to the lines, grades, and typical sections shown on the Plans or as directed by the Engineer. New base material shall be placed and unifmmly mixed with the salvaged material when required by the Contract Documents . 2 Section 32 11 27 Rew orking Base Material Approved -812012 BICS Unified Sp ecifications F. All areas of segregated material shall be corrected or removed and replaced with well graded material. All salvaged material shall be kept reasonably free of objectionable materials during the replacing operations . 3.4 COMPACTION A. The reshaped or replaced material shall be wetted as required and compacted to a uniform density of not less than 95 percent of the modified density (ASTM D 1557) The allowable deviation from optimum moisture content is to +4%. B. The Contractor shall rework the base material at his expense if the material fails to meet the required density or, for any reason , loses stability and finish before the next course is placed. The method of reworking shall be by loosening, adding or re moving material, and reshaping and recompacting by wetting and rolling. All irregularities, depressions or weak spots which develop shall be corrected immediately by scarifying the affected areas, adding suitable material as required, reshaping and recompacting. C. The shape of the course shall be maintained by blading throughout the entire compacting operation. The completed surface shall be smooth and in conformance w ith the lines, grades, and typical sections shown on Plans. The Contractor shall check the elevation by blue topping on at least fifty (50) foot centers along the centerline and curb lines. Any deviation more than one-fourth (1/4) inch from the established section and grade shall be corrected by loosening, adding or removing material, reshaping and compacting. D. The base shall be cured to the approval of the Engineer prior to placing the final surface on the completed base. The base course may be opened to traffic if allowed by the Engineer . END OF SECTION 3 Section 32 11 27 Reworking Base Material Approved -812012 BICS Unified Specifications SECTION 32 11 29 .02 ROLLING PART I -GENERAL 1.1 DESCRIPTION This section shall consist of the compaction of sub-grade, sub-base, base or asphaltic concrete pavements by the operation of approved power rollers, tamping rollers, or pneumatic tired rollers as herein specified and/or directed by the Engineer. 1.2 MEASUREMENT AND PAYMENT The work prescribed by this section will not be paid for directly, but shall be considered as subsidiary work pertaining to the construction of embankments sub-grade, sub-base, base and surface, as the case may be. PART 2 -PRODUCTS NIA PART 3 -EXECUTION 3.1 GENERAL A. This work shall be done only when ordered by the Engineer . The compaction shall be accomplished by the methods outlined in the SECTIONS 32 11 16 -SUB-GRADE PREPARATION AND COMPACTION, SECTION 32 11 14 -FLEXIBLE BASE CRUSHED LIMESTONE, and SECTION 32 12 16 -HOT-MIX ASPHALTIC CONCRETE PAVEMENT. Tracked or lugged equipment will not be allowed on pavements at any time. In the event indicated rollers are not sufficiently weighted, nor have sufficient tire inflation capacity to produce the requfred degree of compaction, additional larger sized rollers will be required at no additional expense to the city. B. Sufficient rollers shall be provided to compact the material in a satisfactory manner. 3.2 EQUIPMENT FOR SUBGRADE, SUB-BASE AND BASE A . PNEUMATIC TIRED ROLLERS: Large pneumatic tired rollers shall be of a type having five (5) or more tires, with each tire being inflated to a pressure of 100 pounds per square inch . Total weight of the unit when loaded shall not be less than twenty-five (25) tons. The load shall be equally distributed to all wheels and the tires shall be uniformly inflated. 1. Small pneumatic tired rollers shall consist of not less than nine (9) pneumatic tired wheels running on axles in such a manner that the rear group will not follow in the tracks of the forward group and mounted in a rigid frame and provided with a body suitable for ballast loading. The wheel base of the roller shall be not less than five (5) nor more than ten (I 0) feet. The front axle shall be attached to the frame in such a manner that the roller may be turned within a minimum circle. The pneumatic tired roller under working conditions shall have an effective rolling width of approximately sixty (60) inches. It shall be so designed that by ballast loading, the load may be Section 32 11 29 .02 Rolling Approved -812012 BICS Unified Specifications varied uniformly from a mmunum of one hundred (100) to a maxunum of four hundred (400) pounds per inch of width of tire tread. 2 . The tire pressure and the compression to be provided by the pneumatic roller shall be as directed by the Engineer. Pneumatic tired rollers shall be drawn by either a suitable crawler-type tractor, a pneumatic-tired tractor or a truck of adequate tractive effort, or may be of the self-propelled type and the roller when drawn or propelled by either type of equipment shall be considered a pneumatic tired roller unit. Unless otherwise directed , pneumatic tired rollers shall be operated within a speed range from two (2) to four ( 4) miles per hour. B. TAMPING ROLLERS: Tamping rollers shall consist of two (2) metal rollers, drums or shells of forty ( 40) inches minimum diameter. Each not less than forty-two ( 42) inches in length and unit mounted in a rigid frame in such a manner that each roller may oscillate independently of the other. Each roller, drum or shell shall be surmounted by metal studs with tamping feet projecting not Jess than seven (7) inches from the surface and spaced not Jess than six (6) nor more than ten (10) inches measured diagonally center to center . The cross sectional area of each tamping foot measured perpendicularly to the axis of the stud, shall be not less than five (5) nor more than eight (8) square inches. The roller shall be supplemented with cleaning teeth to provide self cleaning. The roller shall be so designed that by ballast loading, the load on each tamping foot may be varied unifo1mly from one hundred, twenty-five (125) to one hundred, seventy-five (175) pounds per square inch of cross sectional area. The load per tamping foot will be determined by dividing the total weight of the roller by the number of tamping feet in one (1) row parallel to (or approximately so) the axis of the roller . The compression to be provided shall be as directed by the Engineer. The tamping roller shall be drawn by suitable power equipment of adequate tractive effort. Two (2) tamping rollers, consisting of four ( 4) cylinders, drawn by approved power equipment shall be considered a roller unit. Unless otherwise directed, tamping rollers shall be operated within a speed range of two (2) to three (3) miles per hour. 3.3 EQUIPMENT FOR HOT MIX ASPHALTIC CONCRETE PAVEMENT A. POWER FLAT WHEEL ROLLERS : Power flat wheel rollers shall be of the three (3) wheel self-propelled type only, weighing not less than eight (8) tons nor more than twelve ( 12) tons . Power flat wheel rollers shall be operated with a speed range from two (2) to three (3) miles per hour and/or as directed. B. PNEUMATIC TIRED ROLLERS: Pneumatic tired rollers for hot mix asphaltic concrete pavement shall conform to the Specifications as noted above for pneumatic rollers . END OF SECTION 2 Se cti on 32 11 29 .02 Rollin g Approved -8120 I 2 PART 1-GENERAL 1.1 DESCRIPTION SECTION 32 12 13.16 TACK COAT (ASPHAL TIC) BI CS Unified Specifications A. This item shall consist of an application of asphaltic material on a completed base course, after the prime coat has sufficiently cured; or on an existing pavement ; bituminous surface and/or other approved area in accordance with these Specifications . 1.2 MEASUREMENT AND PAYMENT A. The asphaltic material for tack coat will be measured at point of delivery on the project in gallons at the applied temperature. The quantity to be paid for shall be the number of gallons used, as directed by the Engineer. B. The work performed and materials furnished as prescribed by this item will be paid for at the unit price bid per gallon for "Tack Coat". This price shall be full compensation for cleaning the surface, for furnishing, heating, hauling and distributing the tack coat as specified; for all freight involved; and for all manipulations, labor, tools, equipment and incidentals necessary to complete the work. Where no pay item is provided for in the Contract Documents the work performed and materials furnished as specified by this item shall be considered as subsidiary to the appropriate bid items . PART 2 -PRODUCTS 2.1 MATERIALS A. The asphaltic material used for tack coat shall meet the requirements for cut-back asphalt or emulsified asphalt as defined in SECTION 32 05 17 -ASPHALTS, OILS, AND EMULSIONS, and as approved by the Engineer. Cut-back asphalt can be made by combining 50% -70% by volume of the asphaltic materials as specified for the type of paving mixture, with 30% -50% by volume of either gasoline and/or kerosene. B. The asphaltic material used for the tack coat may be further cut back by the addition of an approved grade of gasoline and/or kerosene not to exceed 15%, by volume, upon approval by the Engineer. PART 3 -EXECUTION 3.1 GENERAL A. Before the tack coat is applied, the surface shall be cleaned thoroughly to the satisfaction of the Engineer. The asphaltic material shall be applied on the clean surface by an approved type of self-propelled pressure distributor so operated to distribute the tack coat at a rate not to exceed 0 .10 gallon per square yard of surface. Proper distribution shall be considered as applying the tack coat evenly and smoothly while under pressure as well as other specified requirements. Where the pavement mixture will adhere to the surface on which it is to be placed without the use of a tack coat , the tack coat may be eliminated by the Engineer. All contact surfaces of curbs and structures and all joints shall be painted with a thin uniform I Section 32 12 13 .16 Asphaltic Tack Coat Approved -812 01 2 BICS Unified Sp ecifications coat of the asphaltic material used for tack coat. The tack coat shall be applied only when the atmospheric temperature in the shade is 50 ° For above and when the temperature has not been below 35 ° F for 12 hours immediately prior to application . The tack coat shall be rolled with a pneumatic tire roller as directed by the Engineer . During the application of tack coat, care s hall be taken to prevent splattering of adjacent pavement, curb and gutters or structures . The Contractor shall be responsible for cleaning splattered areas as determined and directed by the Engineer. END OF SECTION 2 Secti on 32 12 I 3.16 Asphaltic Tack Coat Approved -812012 PART 1 -GENERAL 1.1 DESCRIPTION SECTION 32 12 13.23 PRIME COAT-ASPHALTIC BICS Unified Specifications A. This item shall consist of the application of asphaltic material on the completed base course in accordance with these Specifications. 1.2 MEASUREMENT AND PAYMENT A. This item will not be considered a separate cost item . Cost for work herein specified, including the furnishing of all materials, equipment, tools, labor and incidentals necessary to complete the work shall be included in the unit price bid for Hot Mix Asphaltic Concrete. 1.3 SUBMITT ALS A. Supplier and Material Safety Data Sheet. PART 2 -PRODUCTS 2.1 MATERIALS A. The asphaltic material used for the prime coat shall be MC-30 or RC-250. It shall meet the requirements of Texas Department of Transportation Specification 2004 Item 300 "Asphalts, Oils, and Emulsions". 2.2 TESTING REQUIREMENTS A . If requested by the Engineer, the Contractor shall produce the calibration papers and ce1tifications for the distributor being used on the project. PART 3 -EXECUTION 3.1 GENERAL A. The following construction methods shall be used when applying asphaltic material: 1. SURF ACE PREPARATION: The surface shall be cleaned by sweeping, brooming or other approved methods when the base is satisfactory to receive the prime coat in the opinion of the Engineer. · 2. PRIME COAT: Prime coat shall not be applied when the atmospheric temperature is below 60 °P and falling . However, it may be applied when the temperature is above 50 °P and rising. The temperature determination shall be made by taking the temperature in the shade and away from artificial heat. Asphaltic material shall not be placed when general weather conditions are not suitable in the opinion of the Engineer. Seclion 32 12 13.23 Prim e Coat -Asphaltic Approved -81201 2 BICS Unified Sp ecifi cations 3 . APPLICATION : The surface shall be lightly sprinkled with water just prior to application of the asphaltic material if found necessary by the Engineer . The asphaltic material shall be applied to the cleaned base by an approved self-propelled pressure distributor. The distributor shall distribute the material evenly and smoothly under an adequate pressure for proper distribution . Uniform coverage is desired without pooling of excess material. The Contractor shall provide all necessary facilities for determin ing the temperature of the asphaltic material in all heating equipment and distributor. This information is to be used for determining the application rate and for securing uniformity at the junction of successive distributor loads. Asphaltic material shall be applied at a temperature consistent with and the range recommended in Texas Department of Transportation Specification 2004 Item 300 "Asphalts , Oils , and Emulsions." The Engineer shall select the temperature of application and the Contractor shall apply the material at a temperature within 15 ° F of the selected temperature. 4 . EQUIPMENT: All storage tanks, ptpmg, retorts, booster tanks , and distribution equipment used in handling asphaltic material shall be kept clean and in good operating condition at all times . The equipment shall be operated in a manner which prevents contamination of the asphaltic material (with any foreign substance). It shall be the responsibility of the Contractor to provide and maintain in good working order at all times, a recording thermometer at the storage heating unit. The distributor shall have been recently calibrated and the Engineer shall be furnished an accurate and satisfactory record of the calibration. Should the yield on the applied asphaltic material appear to be in error after beginning the work, the distributor shall be re- calibrated in a manner satisfactory to the Engineer before proceeding with the work. 5 . SURFACE MAINT ENANCE: The Contractor shall be responsible for the maintenance of the surface until the work is accepted by the Engineer . No traffic , hauling or placement of final surface material will be permitted over the freshl y applied prime coat until authorized by the Engineer . END OF SECTION 2 Se cti on 32 12 13.23 Prime Coa t -As ph alti c Rev ise d -81201 2 BICS Unified Specifications SECTION 32 12 16 HOT MIX ASPHALTIC CONCRETE PAVEMENT (Sentences and/or paragraphs that are double underlined indicate revisions that were made from the 2009 specification.) PART I -GENERAL 1.1 DESCRIPTION A . This item covers Hot Mixed Asphaltic Concrete Paving and consists of any combinations of base, level up, and finish courses. 1.2 MEASUREMENT AND PAYMENT A. Unless otherwise modified by the design engineer, Hot Mix Asphaltic Concrete Paving shall be measured by the square yard of each HMACP course in conformity with the requirements, and meeting all requirements of the plans and special provisions (if any) with regards to line , grade , compacted thickness, air voids, and final cross section. B. Sliding scale pay factors or alternative remedies may be applied for City capital projects at the City's discretion Sliding scale factors will be applied for the unit price bid for Hot-Mix Asphaltic Concrete, which fail to meet the density requirements. The sliding scale pay factors are shown in the table below. They shall be applied to each day's production . The table below applies to both development and capital projects. In the case of a development project the column titled "Percent Payment" does not apply. Averai:;e Percent Air Alternate Remedies Percent Payment Voids* 8.0 or Less Do Nothing 100 8.1to10.0 l" HMAC Overlay w/ Wedge Grind 85 10.lto12.0 1" HMAC Overlay w/ Wedge Grind 75 Above 12.0 Remove and Replace Reject** *Average of 4 samples **Ifthe Engineer agrees to accept densities below 88.0%, the pay factor shall be 50%. C. Unless otherwise modified by the design engineer, all labor, equipment and materials necessary to provide Hot Mix Asphaltic Concrete Paving in place in accordance with the plans, special provisions and these specifications will be paid for at the unit price designated in the proposal and included in the construction contract. Any tack and/or prime coat shall be considered subsidiary to the bid item "Hot Mix Asphaltic Concrete". 1.3 SUBMITT ALS . A. Mix Design B . Aggregate Prope1ties Section 32 12 16 Hot Mix As phaltic Con crete Pavement Revised-812012 B/CS Unified Specificah'ons PART 2 -PRODUCTS 2.1 MATERIALS HMAC shall be composed only of the following materials: A. MINERAL AGGREGATE: Mineral aggregates shall consist of sound, durable stone particles of limestone, slag, or a mixture thereof of uniform quality throughout and free from dirt, organic or other deleterious material occurring either freely in the material or as a coating on the aggregate. Abrasion loss of aggregate material shall not exceed 40% (unless lightweight) when tested in accordance with the Los Angeles Abrasion Test (ASTM C-131 ). B . MINERAL FILLER: Mineral filler shall consist of thoroughly dry stone dust ofuniform quality throughout and free from dirt, organic or other deleterious material occurring either freely in the material or as a coating on the material. The p lasticity index of any mineral filler shalt be less than 6. C. ASPHALT: Asphalt shall be grade PG64-22, PG 70-22 or PG76-22 as designated by the design engineer and the same shall be used on all HMAC provided for any one project. D. The paving mixture shall consist of a uniform mixture of aggregates, fillers and asphaltic material as required to meet the following requirements: 1. Coarse Aggregate: Coarse aggregate (retained on the No. 10 sieve) shall be so crushed as to have a minimum of 85% of the particles retained on the No. 4 sieve with two or more mechanically induced crushed farces as determined by Tex-460 -A (Part 1). Field sand, if used, shall not exceed fifteen (15%) percent of the total aggregate mix. GRADATIO N AND ASPHALT C O NTENT Column 1 Colu mn 2 Column 3 AGGREGATE T OLERANC E F OR JOB-MIX TOLERANCE F O R GRADATION F ORMULA* C O MP ANY FIELD SAMPLE (ASTM C-136) LAB RESULTS TO J O B MIX PERCENT BY WEIGHT FORMULA** TYPE'D' TYPE 'C' TYPE 'B' PASSING Low High Low High Low High% T O LERANCE O/o O/o O/o O/o % l.:lL2.'.'. sieve +/-5% l " sieve 98 100 +/-5% 3/4" sieve 95 100 .8..4 2li +/-5% 1/2" sieve 98 100 +/-5% 3/8" sieve 85 100 70 85 60 80 +/-5% No. 4 sieve 50 70 43 63 40 60 +/-5% No. ,B, sieve .12 !Q 32 12 2.2. 41 +/-3% No. 3..Q sieve .L5. ~ ll 2.8. ll 2.8. +/-3% No . .5_Q_ sieve 1 2Q 1 ll ~ 2D. +/3% No.200 sieve ~ 1 ~ 1 ~ 1 +/-3% VMA%Min 14 13 12 Asphalt Content 4 8 4 8 3.5 7 +/-0.5% * Column 2 above is the tolerance to be used when creating the job-mix formula 2 Sect ion 32 12 16 Ho t Mix Asphaltic Concrete Pavement Revised -812012 BICS Unified Specifications * * Column 3 above is the tolerance to be used when comparing the field sample lab results to the job-mix formula . The lab results must full within the given tolerance when compared to the job-mix formula . *** A copy of the job-mix formula must be given to the city inspector or representative prior to the placement of asphalt on the job site. The City, at any time, may require a test be performed to determine if anti-stripping agents are needed for a particular mix. Samples not meeting the specifications listed above will be rejected or may be negotiated for a reduced payment if allowed by the City Engineer. 2. Laboratory Stability: When the proposed mix is prepared in accordance with TxDOT Item 340 (HVEEM Method) the stability shall be at least 35 percent. The tolerance for the density shall be+-1 % based on the density provided on the job mix formula . 3. Laboratory Density: When the proposed mix is prepared in accordance with ASTM D- 1559 the air voids of the material as determined by ASTM D-3203 shall be between two percent (2%) and five percent (5%). 2.2 TESTING REQUIREMENTS T he following processes shall be undertaken to assure the desired quality in the constructed product: A. MIX VERJFICATION: The testing laboratory representative in accordance with both of the following guidelines shall take HMAC samples from the delivering trucks: 1. One sample for each day of delivery and placement. 2 . For larger jobs, the City may require two samples be taken, one in the morning and one in the afternoon. The testing laboratory shall: 1. Note the location where the HMAC being sampled is to be placed. 2. Determine the temperature of the mix at the time the sample is taken. If the temperature is outside of the allowable range as specified in Section 3 .1 of this specification, the laboratory representative shall immediately inform the paving contractor 's superintendent and the City Inspector. 3 . Transport the sample to the laboratory and perform the necessary tests and operations to verify the compliance with the mix .design set forth by the design engineer within the tolerances given in Section 1.3 of this specification. 4 . Provide written results to the tests and operations as described above to both the paving contractor 's superintendent and the City Inspector within 5 working days. B. COMP ACTION VERJFICA TION : Compaction tests shall be made following the same schedule of testing as the sampling operations listed above with the City Representative determining the exact location for testing. The testing laboratory representative shall: l . Note the location of the compaction test performed 2 . Obtain core samples of the paving via ASTM D-5361 3 . Transpo1t the cores to the laboratory and perform the necessary operation per ASTM D- 3203 to determine the resulting pavement air void percentage. 3 Secti on 32 12 16 Hot Mi x Asp hal tic Concrete Pavement Revised -812012 B/CS Unified Specifications 4 . Provide written results of the tests and operations as described above to both the paving contractor's superintendent and the City Inspector within 5 working days. Compacted HM.AC pavement meeting this specification shall have between two percent (2%) and eight=percent (8%) air voids. COMPACTED LIFT TIDCKNESS AND REQUIRED CORE HEIGHT Mixture Type Compacted Lift Thickness Minimum (in.) Maximum (in.) A 3.00 6.00 B 2.50 5.00 c 2.00 4.00 D 1.50 3.00 E 1.25 2.50 C. THJCKNESS VERIFICATION: For each core sample taken from the finished paving, the thickness of the HM.AC portion of the section shall be measured, noted and provided to the City for review. The thickness shall be as required on the table above. D. FINISH SURFACE TOLERANCES : The finish surface of the compacted pavement shall be sealed, smooth and true to the line, grade and cross section as established in the contract documents . There shall be no deviation in excess of I /8 inch per foot of distance from the nearest point of contact when tested with a l 0-foot straight edge placed parallel to the centerline of the roadway. There shall be no deviation from the straight edge in excess of 1/4 inch at any point. E. The hot-mix asphaltic concrete will be accepted for density based on one day's production. Each day's production will be divided into four sections and one cored or sawed sample will be taken for each section. Each day's production will be accepted, with respect to density, when the average field density determined from the cores is equal to or greater than 92 percent of the maximum theoretical density as determined in accordance with ASTM D204 l, and when no individual core density is less than 88.0 percent of the maximum theoretical density. If the Contractor elects to have the density testing rechecked , another group of four cores per each day's production will be obtained . The recheck group will not be averaged with any previous tests. PART 3 -EXECUTION 3.1 GENERAL A. The Contractor shall retain full control of all materials, labor methods and equipment used in the placement and compaction of HM.AC paving with the following exceptions: l . Temperature -HMAC and/or tack coat materials shall not be placed when the air temperature is 50° F or lower and falling. Placement may be allowed if roadway surface temperature is 60 degrees or higher. Measure roadway surface temperature with a handheld IR thermometer. 2. Tack Coat -Tack coat shall be applied to clean, dry asphalt surfaces and between asphalt lifts only and shall be applied just prior to placement ofHMAC materials. The Contractor shall neatly tack all gutter edges before placing any HM.AC. The tack coat material shall be SS-1 applied at a rate of 0.04 to 0.10 gal/sy . 4 Section 32 12 16 Hot Mix Asphaltic Concrete Pave ment Re vised -812012 3 . 4. 5. BICS Unified Specifications HMAC Temperature -HMAC materials shall be placed between 250° F and 340° F. Compaction is not allowed on HMAC that has cooled below 210° F at the pavement surface . Rolling Water-Small amounts of water may be used to keep the HMAC from adhering to the placement and compaction equipment. Excessive water and/or any use of petroleum products for this purpose are not allowable. Compaction Roller Traffic -Compaction rollers shall be kept at a slow enough speed to prevent any displacement of material. Rollers shall not be allowed to stand or park on the finished and compacted paving until after 12 hours has passed after final compaction. END OF SECTION 5 Sect ion 32 12 16 Hot Mix As phaltic Co ncre te Pavement Revised -812012 SECTION 32 13 13 CONCRETE PAVEMENT BICS Unified Specification (Sentences and/or paragraphs that are double underlined indicate revisions that were made from the 2009 specification.) PART 1-GENERAL 1.1 DESCRIPTION This item shall consist of a pavement of Portland cement concrete as herein specified on the prepared base, subbase or subgrade course in conformity with the thickness, typical cross-sections , and to the lines and grades shown on the Plans by the Engineer. 1.2 MEASUREMENT AND PAYMENT A. Concrete pavement shall be measured by the square yard of surface area of completed and accepted pavement or as shown on the bid documents. When the Plans, Specifications and Proposal required the construction of a "Monolithic Curb" the limits of measurement for concrete pavement shall be from back to back of curb. B. The work performed and the materials furnished under this item and measured as provided under "Measurement" shall be paid for at the unit price bid per square yard for the thickness indicated in the Proposal. The unit price bid for "Concrete Pavement" shall be full compensation for shaping and fine grading the subgrade, forming, mixing, placing, jointing, finishing and curing all concrete; for furnishing all labor , tools , equipment, materials, and incidentals necessary to complete the work .. 1.3 SUBMITT ALS See SECTION 03 30 00 -CONCRETE Paving Plan Joint Sealing Compound Expansion Joint Material PART 2 -PRODUCTS 2.1 MATERIALS See SECTION 03 30 00 -CONCRETE 2.2 TESTING REQUIREMENTS See SECTION 03 30 00 -CONCRETE PART 3 -EXECUTION 3.1 GRADE CONTROL Section 32 13 13 Concrete Pavement Revised-812012 B!CS Unified Specification The lines and grades shown on the contract drawings for each pavement category of the contract shall be established and maintained by means of line and grade stakes. The finished pavement grade lines and elevations shown on the contract drawings shall be established and controlled at the site of the work by the Contractor in accordance with benchmark elevations furnished by the Owner. The pavements shall be constructed to the indicated thicknesses and elevations. The tolerances permitted in thickness, smoothness, and grades are the normal deviations that may occur in pavement construction under good supervision. However, construction of pavement or any part thereof with intent to use maximum tolerances will not be permitted. 3.2 SUBGRADE, SUBBASE, BASE AND FORMS A. EQUIPMENT: 1. Subgrade Planer: Subgrade planer mounted on visible rollers riding on the forms or edges or previously constructed slabs shall be provided for shaping the final surface of the subgrade, subbase, or base course. Any power equipment used to pull the subgrade planer shall not produce ruts or indentations in the subgrade, subbase or base course. The subgrade planer shall be equipped with steel cutting edge capable of being accurately adjusted to the required cross section. When the subgrade planer rides on the edges of the surface of previously constructed slabs, the planer shall be provided with rubber-tired rollers to prevent damage to surfaces and edges of the existing concrete. 2. Templates: The Contractor shall provide and operate a scratch template for checking the contour of the subgrade, subbase, or base course. The template or roller is to be mounted with the wheels supported on the side forms or concrete in adjacent lanes. It shall be of such strength and rigidity that under a test made by changing the support to the center the template will not show a deflection of more than 1/8 inch. The template shall be provided with adjustable rods projecting downward to the subgrade at not more than 1-foot intervals. These rods shall be adjusted to the required cross section of the bottom of the slab when the ends of the template are supported on the side forms or concrete in the adjacent lanes. The template shall be checked frequently during use to assure that the rods are in the correct position . 3. Forms: The forms shall be made of metal unless noted. Wood forms may be used on curves having a radius of 150 feet or less , as well as for fillets. Forms shall be equal in depth to the edge thickness of the slab as shown on the drawings. Forms shall be in one piece for the full depth required, except as noted . Where the drawings provide several different slab thicknesses, forms may be built up of metal or wood as provided . Forms may be increased in depth 25 percent by securely bolting or welding to the bottom a tubular metal section of the proper thickness or by securely bolting wood planks to the bottom of the steel form. The tubular metal section or wood planks shall completely cover the under side of the base of the steel form. It shall extend beyond the edge of the base a sufficient distance to provide the necessary stability against movement along the vertical face. The base width of the one-piece form, or built-up form, shall be not less than eight-tenths of the vertical height of the form. a.) Metal Forms : Metal forms shall be of a cross section and shall be furnished in sections not less than 10 feet in length . Curves having a radius of 150 feet or less the length of the sections shall be 5 feet unless the sections are flexible or curved to the proper radius. Each IO-foot length of form shall be provided with at least three form braces and pin sockets. The number and spacing of the form braces and pin sockets shall be such that the form will be rigidly braced 2 Section 32 13 13 Concrete Pavement Revised-812012 BICS Unified Specification uniformly throughout its length and at the joints between form sections. Lock joints between form sections shall be free from play or movement. Metal forms shall have such strength that when tested as simple beam with a load equal to the weight of the heaviest machine to be used on the forms , the deflection will not exceed 1/8 inch in 10 feet. Forms shall be provided with adequate devices for secure setting to prevent springing, weaving, or settling from the impact and vibrations of the machine. Forms shall be free of warps, bends, or kinks. The top surface of a form shall not vary more than 1/8 inch in 10 feet from a true line . The face of the form shall not vary more than 1 /4 inch in 10 feet from a true plane. Forms with battered top surfaces distorted faces or bases shall not be used. They are to be removed from the project site. b.) Wood Forms : Wood forms for curves and fillets shall be made from well-seasoned, surfaced plank or plywood. The wood shall also be straight, free from warp or bend, and not less than 2 inches in nominal thickness . Wood forms shall be furnished in sections approximately 5 feet in length and shall be provided with adequate devices for secure setting to withstand springing, weaving, or settling from the impact and vibration of the placing and finishing operations . 4. Subgrade, Subbase or Base Course: The subgrade, subbase or base course shall be tested as to crown, elevation, and density in advance of setting the form s. The subgrade prior to final planing shall be completed to or above the plane of the typical sections shown on the drawings and the lines and grades established by the drawings or as directed. Any discrepancies shall be corrected in accordance with the requirements for subgrade, subbase or base course construction as specified. 5. Form Setting: After the subgrade, subbase or base course has been prepared as described above, the forms shall be set. The subgrade, subbase, or base course under the forms shall be firm and cut true to grade so that each in place form section will be firmly in contact for its entire length and base width. The form shall be staked into position. The top of the form will conform to the requirements specified for the finished surface of the concrete, and the longitudinal axis of the upstanding leg will not vary more than 1/4 inch from the straight-edge when tested by a 12-foot straight-edge. The length and number of pins in any section shall be sufficient to hold the form at the correct line and grade. Form sections shall be tightly locked together. Conformity to the alignment and grade elevations shown on the drawings shall be checked and necessary corrections made by the Contractor immediately prior to placing the concrete. Forms shall be set well in advance of concrete placement. At least 250 feet of forms and prepared subgrade, subbase or base course shall be provided before concrete placement starts. The forms shall be cleaned and oiled each time before concrete is placed. 6. Subgrade Between Forms : The subgrade, subbase, leveling course or base course shall be free of foreign matter, waste concrete, cement and debris at all times; shall be finished to the required section of the bottom of the pavement as shown on the drawings with specified equipment; shall be tested with a template operated and maintained by the Contractor ; shall be maintained in a smooth, compacted condition, in conformity with the required section and established grade until the concrete is in place; shall be wetted down sufficiently in advance to insure a firm, moist , and satisfactory condition when the concrete is placed; shall, if required, be thoroughly wetted down the previous night or not less than 6 hours before placing the concrete; shall not be traversed with equipment or hauling on the prepared surface between 3 Sectio n 32 13 13 Concrete Pavement Revised -812012 BI CS Unified Specification forms; in cold weather shall be prepared and protected in a satisfactory condition and entirely free from frost when the concrete is place; and shall not be treated with chemicals to eliminate frost. 7 . Form Removal: Forms shall remain in place at least 12 hours after the concrete has been placed. Should weather conditions delay the early-strength gain of the concrete, the forms shall remain in place for a longer period. Forms shall be removed without injuring the concrete. Bars or heavy tools are not to be used against the concrete in removing the forms. Any concrete damaged in form removal will be repaired promptly by the Contractor at no cost to the Owner. 3.3 FINISHING Finishing operations shall be started immediately after placement of the concrete. The sequence of operations shall be as follows: transverse finishing , longitudinal floating, straight-edge finishing, carpet drag finishing, and finally the edging of joints. The machine method of finishing shall be employed, except that hand methods may be permitted as approved by the engineer . Finishing equipment and tools shall be maintained clean, free from hardened concrete or grout, and in an approved condition. A. MACHINE FTNTSHING: I . Equipment: The transverse and longitudinal fmishing machines shall be power driven, be of ample weight and power to produce proper finishing, and be able to withstand the roughest treatment anticipated under job conditions . The transverse-finishing machine shall be designed and operated to strike off, screed, and consolidate the concrete. It shall be equipped with two screeds readily and accurately adjustable for changes in pavement crown and compensation for wear and other causes. The longitudinal -finishing machine shall be provided with a longitudinal float not less than 10 feet in length, readily adjustable to a true plane and properly stiffened to prevent distortion during use. Screed and float adjustments of these machines shall be checked at the start of each day's paving operations and as often as required . Machines that cause frequent delays due to mechanical failure shall be replaced. Finishing machines that ride the edge of a previously constructed slab shall have rubber-tired wheels to prevent damaging the surface and edges of the concrete . 2 . Transverse finishing: Concrete, as soon as placed, shall be accurately struck off and screeded to the crown and cross section shown on the drawings. The final surface elevation or grade is to be non-porous when properly consolidated and finished. The fmishing machine shall make at least two trips over each area of pavement, and may make one or two additional trips as necessary to properly compact the concrete and produce a surface of uniform texture, as well as true to grade. However, excessive manipulation that brings to the surface an excess of mortar and water will not be permitted. Any equipment that cannot produce the required compaction and surface finish with the indicated number of trips will be considered unsatisfactory. The top of the form or pavement edge upon which the finishing machine travels shall be kept clean by an effective device attached to the machine, and by necessary hand methods. This will insure that the travel of the machine will be maintained true without lift, wobble, or other variation that would affect the precision of the finish. 3. Longitudinal Floating: After completion of finishing with the transverse-finishing machine, the longitudinal mechanical float shall be operated to smooth and finish the pavement to grade. The float shall be operated parallel to the centerline of the 4 Section 32 13 13 Concrete Pavement Re vised -81201 2 BI CS Unified Sp ecification pavement with a short, quick motion , and shall travel slowly along the pavement, maintaining contact with the surface at all times. If contact with the surface is not made at all points, additional concrete as required shall be placed and screeded. The float is to be operated over the same area until a satisfactory surface is produced . In advancing the float , each new position shall lap the previous position by not less than one-half the float length. 4 . Other Types of Finishing Equipment: Other types of concrete finishing equipment may be used on a trial basis. Such finishing equipment shall be approved by the Engineer before being put into service. The use of equipment that fails to produce approved results when finishing concrete of the quality and consistency required by these specifications shall be discontinued . The concrete shall then be floated and finished with equipment in the manner as specified above. B. HAND FINlSHING: This method shall be employed only under the conditions previously specified, except as otherwise permitted and authorized by the Engineer. I . Equipment: An approved strike and tamping template and a longitudinal float shall be provided for hand finishing. The template shall be at least I foot longer than the pavement width , be equipped with handles, and have edges at least 4 inches wide. The longitudinal float shall be I 0 to 16 feet in length, with a cross section of an inverted T made of a 2 X 6 inch or wider plank for the base and a 2 X 8 inch plank for the vertical leg. The float shall be rigid, substantially braced, be able to maintain a plane surface on the bottom of the base, and shall have suitable handles for smooth and effective manipulation from the foot bridges . The bottom edges of the base of the float shall be rounded on a radius not exceeding 3/8 inch. Floats made of metal or a combination of wood and metal may be used provided they conform to the requirements for wood floats. 2. Finishing and Floating: Immediately after placement , concrete shall be struck off and screeded to the crown and cross section shown on the drawing. The consolidated and furnished surface elevation shall be in accordance with the drawings or as specified. The entire surface shall be tamped, and the tamping operation is to be continued until accomplishing the required compaction and reduction of internal and surface voids . Concrete that is inaccessible to the vibrating consolidating equipment shall be consolidated with the aid of hand-manipulated vibrators under provisions of the subparagraph 125 .06 (C)"Vibration". Immediately following the final tamping of the surface, the pavement shall be floated longitudinally by hand from bridges resting on the side forms and spanning but not touching the concrete. If contact with the pavement is not made at all points by the float, additional concrete shall be placed as required and screeded, and th e float operated until a satisfactory surface has been produced. After a section has been smoothed so that the float maintains contact with the surface of the concrete at all points, the bridges may be moved forward half the length of the float. The operation is to be repeated over the new and previously floated surfaces . 3 . Straight-edge Finishing: Minor irregularities and score marks in the pavement surface shall be eliminated by means of long-handled wood floats and straight-edges after the longitudinal floating is completed, but while the concrete is still plastic . When necessary, excess water and laitance shall be removed from the surface transversely by means of a finishing straight-edge. The long-handled floats may be used to smooth and fill in open-textured areas in the pavement surfaces. The final finish shall be made with the straight-edges. The use of long-handled floats shall be held to a minimum as necessary to correct local surface unevenness not corrected by the longitudinal float. 5 Sec tion 32 13 13 Con crete Pavem ent Revised -812012 BICS Unified Sp ec ification Long-handled floats shall not be used to float the entire pavement surface. Straight- edges shall be 12 feet in length and may be operated from bridges and from the side of the pavement. A straight-edge operated from the side of the pavement shall be equipped with a handle 3 feet longer than one-half the width of the pavement. The surface shall then be tested for trueness with a 12-foot straight-edge held in successive positions parallel and at right angles to the centerline of the pavement in contact with the surface. The whole area is to be covered as to detect variations . The straight-edge shall be advanced along the pavement in successive stages of not more than one-half the length of the straight-edge. Depressions shall be immediately filled with freshly mixed concret e, struck off, consolidated , and refinished . Projections above the required elevation shall also be struck off and refinished. The straight-edge testing and finishing shall continue until the entire surface of the concrete is free from observable departure from the straight-edge, conforms to the required grade and contour and when hardened , will satisfy the surface requirements specified under subparagraph 125.13(B) "Surface Smoothness". 4. Carpet Drag Finishing: Use an artificial grass-type carpet having a molded polyethylene pile face with a blade length of 5/8 inch to 1 inch, a minimum weight of 70 ounces/square yard, and a strong, durable, rot-resistant backing material bonded to the facing . The surface of the pavement shall be dragged longitudinally in the direction of the concrete placement with the carpet drag when most of the water glaze or sheen has disappeared and before the concrete becomes non-plastic . The carpet drag should be of sufficient transverse length to span the full width of the pavement being placed and adjustable so that a sufficient longitudinal length of carpet is in contact with the concrete being placed to produce the desired texture . The leading transverse edge of the drag shall be securely fastened to a traveling bridge or a moveable support system. The carpet drag shall be cleaned and changed as required . The dragging shall be carefully done to produce a finished surface having a fine granular or sandy texture without leaving disfiguring marks. The surface of the pavement at joint edges shall be dragged as necessary with a small hand-operated drag following edge tooling. No tool marks of any kind shall be present on the finished surface. 3.4 CONSTRUCTION JOINTS Construction joints shall be prepared for receiving the next pour by sweeping the surface of the joint clean with a stiff broom or wire brush to remove all laitance . All loose particles and debris shall be removed . The surface is to be dampened just prior to casting of concrete against the joint. Construction joints will be made only at locations shown on the Plans unless written permission is granted by the Engineer to make additional joints. A. LONGITUDINAL CONSTRUCTION JOINTS: Longitudinal construction joints between paving lanes shall be located as indicated on the drawings . Dowels or keys shall be installed in the longitudinal construction joints as required and in accordance with the indicated details . Metal keyway forms shall be used for forming horizontal keyways . The dimensions of the keyway forms shall not vary more than plus or minus 1/16 inch from the indicated dimensions. The keyway form shall be securely fas t ened to the concrete form so that it will be at the mjd-depth of the pavement within a tolerance of plus or minus 1/8 inch . All longitudinal construction joints shall be edged and subsequently sawed to provide a groove at the top conforrning to the indicated details and dimensions. 6 Section 32 13 13 Con crete Pavement Revised -812012 BICS Unified Specification B. TRANSVERSE CONSTRUCTION JOINTS: Transverse construction joints shall be installed at the end of each day's placing operations and at any other points within a paving lane when concrete placement is interrupted for 30 minutes or longer. All transverse construction joints in non-reinforced pavements shall be installed in the location of a planned transverse contraction or expansion joint. Transverse construction joints located at planned transverse joints shall be of the doweled type with one end of each dowel painted and greased to permit movement at the joint. These joints shall be edged and subsequently sawed to provide a groove at the top conforming to the indicated details and dimensions. When concrete placing is resumed, the planned joint spacing shall be used beginning with the first regularly scheduled transverse joint. 3.5 EXPANSION JOINTS Three quarter (3/4) inch expansion joints shall be provided at forty ( 40) feet on center or of the type, size, and spacing shown on the Plans . The expansion joint materials shall be as shown on the plans or a recycled material,~ thick as manufactured by J.D. Russel Co., or approved equal. The joint sealing compound shall be Sonneborn SL-1 or approved equal. Manufacturers' recommendations must be strictly adhered to. Devices used for installing the joints shall be adequate to hold the parts of the joint in proper position while protecting the filler from damage during concreting operation. The devices shall also be removable without permanent detriment to the pavement. Adjacent sections of filler shall be fitted tightly together and held in line to insure continuity. Concrete shall be prevented from entering the expansion space. Any concrete that has flowed into a gap between an expansion joint strip and edge forms of the pavement shall be cut out immediately after removing the forms. Expansion joints shall be formed about structures and features that project through, into, or against the pavement. Joint filler must be of the type, thickness, and width as indicated or directed and installed to form a complete, uniform separation between the structure and pavement. 3.6 CONTRACTION JOINTS A. Contraction joints shall be provided at twenty (20) feet on center or of the type, size, and spacing shown on the Plans. Contraction joints may be either tooled or sawed but must provide a minimum depth of 1.4 of the thickness of the concrete and sealed as shown on the plans or with Sonneborn SL-I or approved equal. When sawed joints are used, the sawing s hould begin as soon as the concrete has obtained adequate strength to resist raveling of the joint edges , generally between 4 and 24 hours. The joints must be flushed or blown clean immediately after sawing to keep the residue from setting up . B. Transverse and longitudinal contraction joints shall be of the weakened-plane or dummy type, and shall be constructed in conformance with the indicated details and dimensions. Longitudinal contraction joints shall be constructed by sawing a groove in the hardened concrete with a power-driven saw. Tie bars in longitudinal contraction joints shall be prepared and placed across joints where indicated in the plans. They shall be correctly aligned and securely held in the proper horizontal and vertical position during the placing and finishing operations to the satisfaction of the Engineer . I. Sawed Joints: The groove of contraction joints shall be not less than 1/4 inch nor greater than 3/8 inch in width for the entire depth of saw cut shown on the drawings. The upper portion of the groove is to be widened to not less than 3/8 inch nor more than 5/8 inch for a depth of 1/4 of the pavement thickness , plus or minus 1/8 inch, below the pavement surface. 7 Section 32 13 13 Concrete Pavement Revised -81201 2 BICS Unified Specification The time of sawing shall be varied, depending on existing and anticipated weather conditions. Uncontrolled cracking of the pavement shall be prevented . Sawing of the joints shall commence as soon as the concrete has hardened sufficiently to permit cutting the concrete without excessive chipping, spalling, or tearing . The sawed faces of joints will be inspected for undercutting or washing of the concrete due to early sawing. If this action is sufficiently deep to cause structural weakness or excessive cleaning difficulty, as determined by the Engineer, the sawing operation shall be delayed until directed to resume. The sawing operation shall be carried on regardless of weather conditions. The joints shall be sawed at the required spacing consecutively in the sequence of the concrete placement. A chalk line or other suitable guide shall be used to mark the alignment of the joints . The saw cut shall be straight from edge to edge of the pavement and shall not vary more than l /2 inch from the true joint alignment. Before sawing a joint, the concrete shall be examined closely for cracks. The joint shall not be sawed if a crack has occurred near the location chosen for a joint. Sawing shall be discontinued when a crack develops ahead of the saw cut. The surface of pavement cured with membrane-curing compound shall be wetted with water in the region of the intended saw cut prior to sawing to protect the curing membrane from abrasion. Workmen and inspectors shall wear clean, rubber soled footwear, and the number of persons walking on the pavement shall be limited to those actually performing the sawing operation. Immediately after each joint is sawed, the saw cut and adjacent concrete surface shall be thoroughly flushed with water until all waste from sawing is removed from the joint. Any membrane-cured surface damaged during the sawing operations shall be re-sprayed as soon as the free water disappears. The sawing equipment shall be adequate in number of units and power to complete the sawing at the required rate. An ample supply of saw blades shall be available on the job before concrete placement is started . At least one standby sawing unit in good working order shall be available at the job site at all times during the sawing operations. 2 . Dowels and Tie Bars: Dowels and tie bars shall be prepared and placed across joints where indicated. They are to be correctly aligned, and securely held in the proper horizontal and vertical position during the placing and finishing operations . Dowels shall be placed by the bonded-in-place method . The portion of the dowel inside the form shall be the bonded end. Dowels may be cut to length at the mill or shop by shearing in lieu of sawing, provided the deformation from true s hape caused by shearing does not exceed the diameter of the bar by more than 0.04 inch and provided such deformation does not extend more than 0.04 inch from the end of the dowel. Dowels shall be clean, straight, and cut true to length with ends square and free from burs. Tn longitudinal and transverse construction joints, threaded split dowels may be used in lieu of one-piece dowels . The assembled split dowels shall have a length and diameter at least equal to that of a one-piece dowel of the required size. The screw-threaded portions of split dowels shall have a pitch diameter at least equal to the diameter of the one-piece dowel of the required size. The sleeve connector shall be of such length that when the split dowel is assembled the entire screw-threaded portions of the dowel are encased by the sleeve with dowel ends butting each other. Dowels in longitudinal and transverse construction joints shall be held securely in place by means of devices fastened to the forms. Dowels and tie bars installed within the paving lane shall be held securely in position by means of rigid metal frames or basket assemblies . The assemblies shall consist of a 8 Sectio n 32 13 13 Con crete Pavement Revised -812012 BI CS Unifi ed Specification framework of metal bars or wires arranged to provide rigid support for the dowels and tie bars thro ughout the paving operation. The assemblies shall also have a minimum of four transverse bars or wires, one of which shall be at or near each end of the dowel or tie bars with one for each end of the dowe l bar at or near the subgrade . The dowels shall be welded to the assembly or held firmly by mechanical locking arrangements that will prevent the dowels from rising, sliding out, or becoming distorted under paving operations. The wires shall not be used as locking devices. The dowel-holding devices shall be held securely in the proper location by means of suitable pins or anchors . Dowels in longitudinal and transverse construction joints shall be held securely in place paralle l to the surface and within I /2 dowel diameter of the center of the slab depth . Dowels in expansion joints and tie bars installed within the paving lane shall be held securely in place with the center of the dowel or tie bar within 1/8 inch of the center of the slab depth. The spacing of dowels in longitudinal construction joints sha ll be as indicated except where the planned spacing cannot be maintained due to form length or interference with form braces. Spacing sha ll be closer with additiona l dowels . Dowels in longitudinal joints shall be omitted when the center of the dowel would be located within a horizontal distance from a transverse joint equal to 1/4 of the slab thickness. The method used in holding dowels in position shall be accurate to detect errors in alignment of any dowel from its required position after the finished pavement. There sha ll not be an angle greater than one whose tangent is I /96 . The Contractor shall furnish a template for checking the position of the dowels . The portion of each dowel intended to move within the concrete or expansion cap shall be coated with a thin fi lm of grease or other approved de-bonding material. Provide dowel caps on the lubricated end of each dowel bar used in an expansion joint. Provide dowel caps fil led with a soft compressive material with enough range to allow complete closure of the expansion joint. 3. 7 L ONGITUDINAL J OINTS Longitudinal joints may be provided to assist in grade contro l or of the type, size, and fr equency shown on the Plans. The longitudinal joint shall consist of a stee l keyway or as shown on the plans. Manufacturer's recommendations must be strict ly adhered to. 3.8 PAVEMENT PROTECTION: The Contractor shall protect the paving against all damage prior to final acceptance of the work by the Owner . Traffic shall be exc luded from the pavement by erecting and maintaining barricades and signs until the concrete is at least 3 days old or for a longer period if so directed . As a construction expedient in paving intermediate lanes between newly paved Janes, operation of the paving mixer and batch-hauling equipment will be permitted on the pavement after the pavement has been cured for seven days and the joints have been sealed or otherwise protected . Also, the subgrade planer , concrete finishing machines , and similar equipment may be permitted to ride upon the edges of the previously constructed slabs provided the concrete is more than 72 hours old and has attained a minimum flexural strength of 450 psi or a compressive strength of 2,800 psi . Additional protection to the slab edge may be required to prevent damage. The pavement carrying traffic or equipment shall be kept clean . All spillage of materials on concrete shall be cleaned up immediat ely upon occurrence, at no cost to the Owner . 9 Sec tion 32 I 3 I 3 Concrete Pavement Revis ed -81201 2 B/CS Unified Sp ec ification 3.9 PLAN GRADE AND SURFACE-SMOOTHNESS RE QUIREMENTS : The finished surfaces of all pavements shall conform to the grade line and elevations shown on the contract drawings and the surface-smoothness requirements: A . PLAN GRADE : The finished surfaces of all pavements shall conform , within the tolerances specified and to the lines, grades, and cross sections shown on the contract drawings. The finished surfaces of the pavements shall not vary more than 0.04 foot above or below the plan-grade line or elevation established and approved at the site of the work. The finished surfaces of new abutting pavements shall coincide at their juncture. An approved transition pavement strip of the type and width shown on the drawings or as directed shall be installed where a new pavement abuts an existing pavement to provide the required and satisfactory pavement surface at the juncture of the new and existing pavements . Further, the 0.04 foot deviation from the approved grade line and elevation will not be permitted in any area of these pavements where closer conformance with planned grade and elevation is required for the proper functioning of any and all applicable structures . B. SURF ACE SMOOTHNESS : The finished surfaces of all pavements shall not deviate from the testing edge of an approved 12-foot straight-edge more than the tolerance shown for the respective pavement category of Table 350-1. In no instance shall the tolerance exceed more than 1 /16 of an inch per foot. TABLE 350-1 Pavement Category Direction of T olera nces Testing Pavements having cross slopes of 1 % Longitudinal 1/8 inch or less Transverse 3/16 inch Pavements having cross slopes greater Longitudinal 1/8 inch than 1% Transverse 1/4 inch C . EOUTPMENT : The Contractor sha ll furnish and maintain at the site one straight-edge in good condition for each longitudinal finishing machine for use by the Owner in testing the hardened portland-cement-concrete surfaces. These straight-edges shall be constructed of aluminum or other approved lightweight metal. They shall have blades with a box or box-girder cross-section with a flat bottom, adequately reinforced to insure rigidity and accuracy . Straight-edges shall be equipped with handles for operation on the pavement. The Contractor shall furnish and maintain at the site devices other than straight-edges , if approved, for surface-smoothness determinations . There shall be one such device for each long itudinal finishing machine for use by the Owner. 3.10 CURING See SECTION 03 30 00 -CONCRETE END OF SECTION 10 Sect ion 32 13 13 Con crete Pave ment Approved -812012 PART 1-GENERAL 1.1 DESCRIPTION SECTION 32 16 13 CONCRETE CURB AND GUTTER BI CS Unified Specifications A. This item shall consist of Reinforced CONCRETE CURB AND GUTTER constructed on approved subgrade in conformity with the lines and grades established by the City Engineer. CONCRETE CURB AND GUfTER shall also be in accordance with the standard section, specifications and ordinances for sidewalks adopted by the city in which CONCRETE CURB AND GUTTER is to be placed. 1.2 MEASUREMENT AND PAYMENT A. Concrete curb and gutter shall be measured by the linear foot of length when complete and in place. 8. The work performed and the materials furnished and measured shall be paid for at the contract unit price bid for concrete curb and gutter. This shall include full compensation of all materials, labor, tools, equipment and incidentals necessary to complete the work. Payment will not be made for unauthorized work. 1.3 SUBMJTTALS See SECTION 03 30 00 -CONCRETE. PART 2 -PRODUCTS 2.1 MATERIALS This item shall consist of a mixture of reinforcing steel, coarse aggregate, fine aggregate, cement and water. The mixture shall conform to SECTION 03 30 00 -CONCRETE. 2.2 TESTING REQUIREMENTS See SECTION 03 30 00 -CONCRETE . PART 3-EXECUTION 3.1 CONSTRUCTION METHODS A. CONVENTIONALLY FORMED CONCRETE: Shape and compact subgrade, foundation, or pavement surface to the line, grade and cross section shown on the plans. Lightly sprinkle subgrade or foundation material immediately before concrete placement. Pour concrete into forms, and strike off with a template 1;4 to 3/8 inches less than the dimensions of the finished curb unless otherwise approved. After initial set, plaster surface with mortar consisting of l part hydraulic cement and 2 parts fine aggregate. Brush exposed surfaces to a uniform texture. Section 32 16 13 Concrete Curb and Gutter Approved -812012 BICS Unified Spe c ifications B. EXTRUDED OR SLIP FOruvIBD CONCRETE: Hand tamp and sprinkle subgrade or foundation material before concrete placement. Provide clean surfaces for concrete placement. If required, coat cleaned surfaces with approved adhesive or coating at the rate of application shown on the plans or as directed . Place concrete with approved self- propelled equipment. The forming tube of the extrusion machine or the form of the slip form machine must be easily adjustable vertically during the forward motion of the machine to provide variable heights necessary to conform to the established grade line . Attach a pointer or gauge to the machine so that a continual comparison can be made between the extruded or slip form work and the grade guideline . Other methods may be used when approved. Finish surfaces immediately after extrusion or slip forming. C. JOINTS: Unless otherwise shown on the plans, the walk shall be cut transversely with a j ointing tool every ten (10) feet after the concrete has been thoroughly worked and has sufficiently set. Expansion joints shall be located every forty ( 40) feet. D . CURING: After the finished concrete has sufficiently set, it shall be covered with burlap and kept wet for a period of four ( 4) days. As an alternate the concrete may be cured by the application of a clear membrane seal coat that will retain 85 % of the original mixing water at the end of three (3) days. E. CL EANUP: After the construction work has been completed , the Contra ctor shall remove a ll debris, trash, excess materials , forms, stakes , empty sacks , etc . occasioned by his work from the premises . The site shall be left with a neat appearance. All excavation shall be backfilled and all excess excavated mat erials shall be disposed of. END OF SECTION 2 Sec tio n 32 16 13 Concrete Cu rb and Gutt er Approved -812012 PART 1-GENERAL 1.1 DESCRIYflON SECTION 32 16 13.01 CONCRETE SIDEWALK BI CS Unified Specifications This item shall consist of Reinforced Concrete Sidewalk constructed on approved subgrade in conformity with the lines and grades established by the City Engineer. Sidewalks shall also be in accordance with the standard section, specifications and ordinances for sidewalks adopted by the city in which sidewalk is to be placed. 1.2 MEASUREMENT AND PAYMENT A . Concrete sidewalk shall be measured by the square foot of surface area when complete and in place. B. The work performed and the materials furnished and measured shall be paid for at the contract unit price bid for concrete sidewalk . This shall include full compensation of all materials, labor, tools, equipment and incidentals necessary to complete the work. Payment will not be made for unauthorized work. 1.3 SUBMITTALS See SECTION 03 30 00 -CONCRETE. PART 2-PRODUCTS 2.1 MATERIALS This item shall consist of a mixture of reinforcing steel, coarse aggregate, fine aggregate, cement and water. The mixture shall conform to SECTION 03 30 00 -CONCRETE. 2.2 TESTING REQUIREMENTS See SECTION 03 30 00 -CONCRETE. PART 3-EXECUTION 3.1 GENERAL A. The subgrade shall be excavated and fine graded to a true grade . Any backfill shall be watered and tamped well ahead of the placing of the concrete. If dry, the subgrade shall be sprinkled immediately before depositing any concrete. Forms shall be metal or wood, free of warp and of a depth equal to the depth of the concrete. They shall be secured and accurately staked to line and grade and held in a true position during the placing of the concrete. Expansion joints of an approved material shall be used between the sidewalk and all abutting concrete. Placement of concrete may begin after the subgrade is thoroughly compacted and the forms, expansion joints (where necessary) and reinforcing steel are in place. The concrete shall be thoroughly worked with a flat spade or similar tool along the forms as the pouring continues to insure the absence of honeycombs. No concrete over thirty (30) Section 32 16 13 .01 Concrete Sidewa lk Approved -812012 BICS Unified Specifications minutes old or retempered concrete shall be used. After the placing of the concrete has sufficiently advanced, the concrete shall be struck off flush with the forms. Then the concrete shall be worked with a wooden float to flush excess mortar to the surface. All exposed corners are to be edged or rounded to the radius shown on the Plans. B. Unless otherwise shown on the plans, the walk shall be cut transversely with a jointing tool at a width equal to the sidewalk width afte r the concrete has been thoroughly wo rked and has sufficiently set. Expansion joints shall be located every forty ( 40) feet. C. After the finished concrete has sufficiently set , it shall be covered with burlap and kept wet for a period of four (4) days. As an alternate the concrete may be cured by the application of a clear membrane seal coat that will retain 85% of the original mixing water at the end of three (3) days. D. After the construction work has been completed, the Contractor shall remove all debris, trash, excess materials, forms, stakes, empty sacks, etc . occasioned by his work from the premises. The site shall be left with a neat appearance. All excavation shall be backfilled and all excess excavated mater ials shall be disposed of. END OF SECTION 2 Section 32 16 1-3 .01 Concrete Sidewalk Approved -812012 BICS Unified Specifications SECTION 32 92 23 SODDING FOR EROSION CONTROL (BLOCK SODDING) PART 1 -GENERAL 1.1 DESCRIPTION A. Sodding for erosion control shall consist of providing and planting Bermuda grass, San Augustine grass, or other acceptable sod a long or across such areas as are designated on the drawings and in accordance with the specification requirements herein outlined. 1.2 MEASUREMENT AND PAYMENT A. Work and acceptable material for block sodding will be measured by the square yard, complete and in place. B. Work performed and material furnished under "Measurement" will be paid for at the unit price bid for "Block Sodding", which price shall be full compensation for furnishing materials, preparation of ground for planting, planting, raking, fertilizing, watering, sprinkling, maintenance, and for labor, tools, equipment and incidentals necessary to complete the work. 1.3 SUB MITT A LS A. Contractor shall submit material data on the source of the sod including the date the sod was cut. PART 2 -PRODUCTS 2.1 MATERIALS A. The sod shall consist of live, growing Bermuda grass, San Augustine grass, or other acceptable sod, (ninety-five percent pure), secured from sources where the soil is fertile and has been fumigated. The sod shall have a healthy virile root system of dense, thickly matted roots throughout. The sod shall be cut from the field so that there is a minimum of one-half inch of soil on the roots of the sod, and so that no roots show on the bottom of the soil. Sod shall be dense, with the grass having been mowed to I inch height before lifting from field . Sod shall be in a vigorous condition, dark green in color, free of disease and harmful insects. The contractor shall not use sod from areas where the grass is thinned out, nor where the grass roots have been dried out by exposure to the air and sun to such an extent as to damage its ability to grow when transplanted . The sod shall be free from obnoxious weeds or other grasses and shall not contain any matter deleterious to its growth or which might affect its subsistence or hardiness when transplanted. Unless the area has been closely pastured, it shall be closely mowed and raked to remove all weeds and long- standing stems . B. Care shall be taken at all times to retain the native soil on the roots of the sod during the process of excavation, hauling and planting. Sod material shall be kept moist from the time it is dug, until planted. When so directed by the Engineer, the sod existing at the source shall be watered to the extent required, prior to excavating. Do not stack sod for more than 36 hours between the time of cutting and the time of installation. The Engineer reserves the right to reject any sod deemed unacceptable for installation. Section 32 92 23 Soddi ng for Eros ion Control Approved -812 01 2 B!CS Unified Specifications C. All plantings shall be done between the average date of the last freeze in the spring and six weeks prior to the average date for the first freeze in the fall, according to the U.S. Weather Bureau. D . Fertilizer shall conform to the requirements of the Item, "Fertilizer" and shall be applied at the rate of 480-pounds per acre. PART 3 -EXECUTION 3.1 CONSTRUCTION METHODS A. Immediately after the finished grade has been approved, begin sodding operations to reduce excessive weed growth. If the sod bed is dry, immediately prior to sod installation, dampen the surface with a fine mist of water. B. Grass shall be turf sod, cut into lQ inch by 24 inch strips. C . All areas to be sodded shall be raked to true lines, free from all unsightly variations, bumps ridges or depressions . All sticks, stones, roots or other objectionable material which might interfere with the formation of a finely pulverized seed bed, shall be removed from the soil. D. Lay sod so that adjacent strips butt tightly, with no spaces between strips. Lay sod on mounds and slopes, with strips parallel to contours. Stagger joints . Sodded areas shall be flush with adjoining seeded areas. All sod shall, of course, be laid green side up. Tamp and roll the sod thoroughly to make contact with the sod bed, or as directed by the Engineer. E. Peg sod on slopes three to one or steeper with pegs driven through sod into soil, until pegs are flush with the turf. Space pegs 18 inches on center . Pegs to be 1 inch square, 6 inches Jong or, 6 inch lengths of lath. Commercial fertilizer as outlined in the Item, "Fertilizer" shall be applied to the entire sodded area at the prescribed rates, immediately following laying of the sod . Immediately after fertilizing, water the entire area to a saturated depth of 2-inches. F. Immediately after installation of the sod, remove sod clumps on soil, wash off any plant materials and pavements not to have sod. Edges along curbs and drives , walkways, etc., shall be carefully trimmed and maintained until accepted. 3.2 CONTRACTOR'S MAINTENANCE & GUARANTEE PERIOD A. Maintenance of sodded areas shall be for 60 days after completion of the project and shall consist of watering, weeding, repair of all erosion and resodding as necessary to establish a uniform growth of the specified grass . Contractor shall guarantee growth and coverage of the sod planted under this contract to the effect that a minimum of 95% of the area planted will be covered with the specified planting after 60 days. Sod panels that are dead or dying shall be replaced. B . The Contractor shall be responsible for one (1) mowing every two weeks between the months of April to October. The Contractor shall also be responsible for one (1) mowing every three (3) weeks between the months of November to March . In addition, the Contractor shall water the entire sodded and hydro-mulched areas to a saturated depth of one (1) inch at least once a week between the months of April to September and a least once a month between the months of October to March. C . Contractor shall make a second planting to those bare areas not meeting specified planting as determined by the Engineer. Such replanting is to be performed within 90 days of initial application and upon notification by the Engineer to replant. END OF SECTION 2 Section 32 92 23 Sodding for Erosion Control MODIFICATIONS SECTION 33 39 13 MANHOLES The work under this item shall conform to the requirements of Technical Specification Section 33 39 13 - Manholes, which follows in its entirety, with the following modifications. 1. SECTION 33 39 13, 2.2 Delete this section in its entirety. TESTING REQUIREMENTS Section 33 39 13 (Modifications) Manholes Revise d -812012 SECTION 33 39 13 MANHOLES B/CS Unifi ed Specifications (Sentences and/or paragraphs that are double underlined indicate revisions that were made from the 2009 specification. Additional revision is indicated by a daslted underline.) PART 1 -GENERAL 1.1 DESCRIPTION A. This item shall govern the manufacture, construction, and installation of sanitary sewer manholes. All manholes shall conform to TCEQ requirements . Submittal and approval shall be required for all pre-cast design. 1.2 MEASUREMENT AND PAYMENT A. The depth of manholes completed shall be determined by measuring the vertical distance from the flow line of the sewer main to the top of the manhole ring and cover. B. Standard manholes shall be measured by the each for various size diameters and depths . C. The contract unit prices shall be the total compensation for furnishing all labor , materials, tools, equipment, and incidentals and performing all work, of whatever nature required, that is necessary for the completion of the manholes in accordance with the provisions of the plans and these specifications. Material or methods used to stabilize the foundation shall be subsidiary to the bid item for Manholes. D. Cleanouts for services shall be considered subsidiary to the price for each service connection. E. Drop connections will be measured for payment per each, complete in place re ga rdless of depth. 1.3 SUBMITT ALS A. Submit manufacturer's data on materials furnished indicating compliance with the specifications regarding dimensions , thickness , weights, and materials . B. Submit manufacturer 's "Certificate of Compliance" stating that the materials furnished comply with this specification. PART 2 -PRODUCTS 2.2 MATERIALS A. CONCRETE Refer to SECTION 03 30 00 -CONCRETE B. MANHOLE RINGS AND COVERS The standard rings and covers (V-1432-3) and the water-tight ring and cover (V-2 432-3) shall be manufactured by East Jordan Iron Works (or pre-approved equal.) The manhole sha ll bear the appropriate model number , the logo of City and the words "Sanitary Sewer ". The cover shall have pick lugs cast into the surface. All manhole ring and covers shall have a 32" diameter. Section 33 39 13 Manholes Rev ise d -812 01 2 BI CS Unified Spe c ifications C . GRADE RINGS Grade rings shall be precast reinforced concrete. Minimum thickness shall be 2 inches by 8 inches wide by 30 inches inside diameter. D. PRECAST REINFORCED MANHOLE SECTIONS Precast manhole sections conform to the current ASTM C478 standard. Joints shaJI be 0- ring gasketed . Thickness for manhole risers shall be as listed under wall "B" in the "Class Tables" of ASTM C76 , Reinforced Concrete Pipe. E. PRE-CAST MANHOLE BASES Pre-cast manhole bases will conform to all TCEQ requirements and City Specifications for invert depths, reinforcement, base thickness and manhole depth for pipe size. F. DROPS Drops shall be constructed of either ductile iron as specified in SECTION 33 05 02 - DUCTILE IRON PIPE or PVC pipe as specified in Section 33 05 01 - POL YVINL YLCHLORIDE PIPE AND FITTINGS. City of Bryan requires drops to be placed on the inside of a manhole . using a cross to allow access to the v ertical p ipe. for all pipes up to and including 12" in size. Outside drops will not be allowed unless pre- approved by City of Bryan. City of College Station requires drops to be placed on the outside of a manhole. using a size on size wye. for all pipes 6 " in size and larger. F or pipes smaller than 6". within the City of College Station. drops shall be placed inside of manhole using a cros s. 2.2 TESTING REQUIREMENTS See SE CTION 33 01 30 -TESTING OF GRAVITY SEWER SYSTEMS. PART 3 -EXECUTION 3.1 INSTALLATION A. MANHOLE BASES 1. Construct manhole bases in the configuration shown on the Plans . Minimum thickness below the flow line of sewer shall be 8 inches or as shown on the details. 2 . Insure that bases are constructed or installed on firm ground and that ground water is controJled . Install appropriate material for a minimum of 4" to stabilize bottom if directed to do so by the Engineer. 3 . The invert of manholes shall be formed in such a fashion that they are smooth and will not obstruct flow of sewage. Provide flow channels in t he manhole base equivalent to the top of the pipe by forming the concrete base and troweJling it to a smooth, even finish with a steel trowel. Slope the manhole bench from the wall line to edge of flow channel and trowel it smooth on a grade of 1 inch per foot with a liberal radius applied at flow channel intercepts. B . PRECAST MANHOLES 1. Precas t Manhole bases shall be placed on a 6 " minimum depth layer of cu s hion sand , gravel or pre-approved material. 2 Sect io n 33 39 13 Manh oles Revised -812012 2. BI CS Unified Spec ification s Cast bottom section of precast manhole riser ring in manhole base as shown on the Plans. Place "Synko-Flex" waterstop (or pre-approved equal) per manufacturer's recommendations prior to setting precast starter ring . The base shall have a minimum diameter 12 inches greater than the outside diameter of the manhole, and a minimum thickness including the area under the pipe as follows: O' to 12' deep manhole ................................ 8" base thickness Greater than 12'depth .................................. 12" base thickness 3 . All invert channels shall be smooth and accurately shaped to a semi-circular bottom conforming to the outside of the adjacent sewer section. Inverts shall be formed directly in the concrete of the manhole base or may be constructed by laying full section sewer pipe straight through the manhole and cutting out the top half after the base is constructed. Changes in the direction of the sewer and entering branches shall have a true curve of as large a radius as the size of the manhole will permit. Where the largest pipe at a manhole is less than 12", the channel depth shall be one half of the largest pipe diameter. When the largest pipe at the manhole is between 12 and 24 inches (inclusive,) the channel depth shall be three fourths of the largest pipe diameter . When the largest pipe at a manhole is greater than 24", the channel depth shall match the largest pipe. In all cases, the edges of the pipe along the invert and at the walls of the manhole shall be plastered and brush-finished. Plaster shall be non- shrink or hydraulic grout. 4. Where inlet leads, main or lateral pipe sewers enter manholes, pipes shall be cut off flush with inside of manhole any irregularities shall be grouted up with non-shrink grout. Install stub outs, where shown, to line and grade. Use one full joint of pipe, of size indicated, for stub out. Seal stub out with plug. Install plug in such a manner as to prevent seepage of leakage through st ub outs. Installation of plug shall be such that it may easily be removed in future without damaging bell or groove end of stub out. 5 . If manholes are constructed in streets where immediate subsequent paving or re- paving is involved, readjust the manhole ring and covers, immediately prior to the paving operations. Manholes shall be installed with joints of size and numbers required to obtain correct depth . Contractor is responsible for verifying correct manhole depth before construction. Initially, manhole tops shall be not less than 6- inches nor greater than 18-inches from final grade. If manholes are relocated in the field because of unforeseen conflicts, the Contractor is responsible for correct depth of manhole. Manhole tops shall be set as follows: a.) Developed Areas: Set manhole tops I-inch higher than existing elevation of natural ground or other final grade when specified by the Engineer. b.) Undeveloped Areas: Set manhole tops flush with paved surfaces and 6-inches higher than shoulder and/or proposed final grade elevations in easements or other unpaved areas. Where manholes are located in bottom of ditches, either set manhole top by EJIW V-2342 , or pre-approved equal, flush with ditch bottom and seal with solid cover, or set twelve inches above ditch top and reshape ditch around manhole. 6 . Prior to placing each section of manhole riser or cone, thoroughly clean the bells and spigots to be joined. 7 . Backfilling will be performed evenly and carefully around the manhole after the full strength of the concrete is attained. 3 Sect ion 33 39 13 Manhol es Revised -812 01 2 B/CS Unified Sp ecifications 8. CarefulJy place the 0-ring gasket and check for proper alignment. 9. Plug lift holes, interior joints, and exterior joints with "Water Plug" grout. 10. Each manhole shall be individually vacuum tested according to the SECTION 33 39 13 -MANHOLES. Stub-outs, boots, and pipe plugs shall be secured to prevent movement while the vacuum is being drawn. C . CAST-IN PLACE MANHOLES Cast-In place manholes are not allowed without prior approval from the City Engineer. This approval shall only be in emergency situations. D . FIBERGLASS MANHOLES Fiberglass manholes are permitted with written approval from the City Engineer. E. INSTALLATION OF MANHOLE AROUND EXISTING SEWER PIPE (City of College Station Only) Should a manhole need to be installed around an existing sewer. the existing sewer oioe must first be exposed and an invert constructed under the pipe. The excavation must be kept free of water while the manhole is being constructed. Inyerts may be formed by pouring the concrete invert (3.000 psi) and cutting out the top half of the pipe . A precast manhole section. with U-shaped cutouts for the pipe. can then be installed over the existing pipe. The voids of the cutout must then be filled with hydraulic cement. The top sections of the manhole shalJ be constructed per the standard manhole specification. Cast-in-place manholes will also be permitted for installation around existing sewers. The sanitary sewer pipe shall not protrude into the trough of the manhole Call pipe shall be flush with the manhole). E. SER VICE CONNECTIONS Service connections at manholes will meet all other requirements of this specification and shall be tied into the manhole with a manhole boot. At the time of construction, the Engineer will designate the locations of the service outlets and the depth to the top of the lateral pipe, if depth is not indicated on the plans. The minimum depth of cover over the end of the lateral pipe shalJ be no deeper than what is required to serve the intended lot. F. CLEANOUTSTRUCTURES The Contractor shall construct cleanouts where shown on the plans and as specified. All backfill around and above the pipe shall be machine tamped in layers not exceeding 3- inches in depth so that no settlement shall occur after the cleanout is constructed . Cleanouts shall be provided at each service connection and located at the edge of an easement or at the right-of-way. The cleanouts shalJ be enclosed within a round plastic box which has a lid that makes the cleanout accessible, set flush with the ground. Cleanout shall include a brass plug (Cjtv of Bryan only). 4 Sectio n 33 39 13 Ma nhol es Revise d -8120 12 B/CS Unified Sp ecifications G. DROP MANHOLES Drop manholes shall be constructed for elevation differences of 24 inches or greater as measured from the flow line of the pipe to the flow line entrance of the manhole illld, constructed in a manner that will allow the water from the drop to drop in the flow line of the intersecting sewer. END OF SECTION 5 Section 33 39 13 Manholes Approved-812012 PART 1 -GENERAL 1.1 DESCRIPTION SECTION 34 41 13 SIGNAGE BICS Unified Specification A. Provide all products, equipment, transportation, protection and labor required to construct and install warning, regulatory, directional, entrance and information signage, including sign posts and associated hardware, as shown on the plans, or as directed by the City. 1.2 MEASUREMENT AND PAYMENT A. Signage will be paid for per each unit sign. All sign components (substrate, sheeting, post, support, mounting hardware, etc.) will not be measured or paid for directly but will be subsidiary to each unit sign . This compensation shall include all labor, materials, equipment and incidentals necessary to complete the work. The signage to be installed includes warning, regulatory, directional, entrance and information types. 1.3 SUBMITT ALS A. Shop Drawings: Show shop drawings, not necessarily to scale, but sufficient enough in detail to show color, wording, lettering size and style, overall sign size, construction details and installation details for each type of sign. PART 2 -PRODUCTS 2.1 SIGN SUBSTRATE A. Sign substrate (except street name signs) shall meet requirements for ASTM B 209 and have the following thicknesses: 0.080" for signs less than 7.5 sq. feet, 0.100" for signs 7.5 to 15 sq. feet, and 0.125" for signs greater than 15 sq. feet. B. For street name signs in the areas governed by the City of College Station, contact the city's Planning and Development Services Department for the requirements and standards. C. In the City of Bryan, all street name signs shall be green unless otherwise specified or located within the bounds of Sims Street to the east, Texas Avenue to the west, Martin Luther King Boulevard to the north, and E. 29th Street to the south, where street name signs shall be brown and include the Downtown Bryan logo as provided by the City of Bryan Traffic Department. 2.2 SIGN SHEETING A. All sign sheeting materials shall meet the requirements of ASTM D 4956 Type, as follows: 1. Red background -ASTM Type Vll, VIII , IX, or X (or TxDOT Type D), with ASTM Type III or IV (TxDOT Type C) legend/border 2. White background -ASTM Type III or IV (TxDOT Type C), with black acrylic legend/border Section 34 41 13 Signage Approved -8120 12 BICS Unified Specification 3. Fluorescent Yellow-Green background-ASTM Type VII, VITT, TX, or X (TxDOT Type E), with black acrylic legend/border (school-related warning signs) 4. Green, Brown, Blue backgrounds -ASTM Type III or IV (TxDOT Type C), with white ASTM Type VII, VIII, IX, or X (TxDOT Type D) legend/border 2.3 SIGN POST A. All sign posts shall be 13 BWG galvanized steel tubing (as per ASTM 123 or ASTM A653 G210), and have 2.375" outside diameter and 0.095" nominal wall thickness . In the City of Bryan, posts shall be black powder-coated when specified and in the City of College Station, posts shall always be bronze powder-coated. Painted or spliced posts are not acceptable . Posts shall be seamless steel tubing, with 50,000 PSI minimum yield strength, and 70 ,000 PSI minimum tensile strength. Length shall be determined as per Texas MUTCD sign height requirements. All sign posts shall be delineated with a 12-inch retroreflective strip (yellow or red) as per Section 2A.21 of the Texas MUTCD . 2.4 SIGN SUPPORT A . For the City of Bryan, sign supports shall meet crashworthy requirements ofNCHRP 350, and unless otherwise specified, shall be the steel "Wedge Anchor System", except for when sign is in the TxDOT right-of-way. Signs located within TxDOT right-of-way shall be the "Triangular Slip base System" as shown on TxDOT standard detail SMD(Slip-1 )-08 . B . City of College Station shall require, as shown on the TxDOT standard details, the Triangular Slipbase System" on collectors and above and the "Wedge Anchor Systems" on local streets. 2.5 MISCELLANEOUS A . Us e galvanized steel, stainless steel , or dichromate-sealed aluminum for bolts, nuts, washers, lock washers, screws, and other sign assembly hardware. Use plastic or nylon washers to avoid tearing the sheeting material. PART 3 -EXECUTION 3.1 INSTALLATION A. E rect signs in their designated locations, as indicated and in accordance with the approved shop drawings and the applicable requirements of DOT Section 645. B . Examine proposed sign location, mark with stake and seek City representative's approval before installation . C . Protect surfaces and finishes from abrasion and other damage during handling and installation. D. Replace damaged or faulty signs. END OF SECTION 2 Section 34 4 I 13 Signage CITY OF COLLEGE STATION NORMAND DRNE SIDEWALK PROJECT NO. ST-1418 OE JOB NO. 675.006 PA/PB MAYOR: !NliJJ!NJ© 'ff fEJ IE !f5J !f5J 'ff MAYOR PRO-TEM: [}ljj!fJ !L !JMJ(()(()!NJ IE'r COUNCIL MEMBERS: !EJ!LiJJ!NJ©(}{] IE !EJ!fJff ©[}{ ~If IEWIE iJJ !L!DJ!fJ ff©(}{] J)(()(}{j !NJ !NJ ff ©(}{](()fL~ JJ {I)} !LC IE ~©(}{]{I)} !L tr:Z JJ;JJ!JMJ IE~ !EJIE!NJ (}{];JJ !JM! CI1Y MANAGER: [}{IE !L!L 'ff If IE!JMJ fPJ!Lff !NJ O'MALLEY ENGINEERS BRENHAM. ~ fO · tD.;JO t4- GENERAL NOTES : I. 91...:otQI JO MOl'IO llOfW'lCAAOliS ~Wl'1HE SPC0'1CIP.TIDNS -OONnW:f OOQ.M)fT'l. MCOlfllllllC'IOI ltw.L ~lMCCJTT Of"COULllCSTAJIOI(, M (91'1)~>11"+NCI ~ ~.-J(nt,.,,._J'U7,-.0Ml'OUDlll.:~or~..,..;~ lOICDN: ~::==~:i.#ID l.c:amw;mll IHM.L!WltlrU..IHKMRllNI un.JTYUllCS UIDIJU)A11£.a.Sf "8 tCl,M lf7DlltDIGllMt J.COlfllllllC'IOIStliLLIWIEJCu:~TI>~f'Olt1-J'IC:OOMTJIOl .. ~wmlfHCLAJDfClll!OIO#M1DAS-.Of"~""""'1:COllfllOl..(ll['C[S.1'1ntCMNT or l1"lll7T Cl.OSUl'IB. COtl'lblC70ll: 9WJ. 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EXISTING FEATURES LEGEND SHEET INDEX QESCBIPT!ON · ------QGlrffOft:HCE: _, --l -T -T --TDLPHONE LINE -G-G--c-c--CA.SLM -s-s-s--s--SCWERLI« -w --w -w --w --WATER lK .5YM.6QLS.; QESCR!pnON· o -IROHPIPEORROO (~ -SEWER liWffll Q' -WETUI POl£ OR LOn -uruTY POu: o -lUEPHOHE PEDESTAL SHrn HO. mu: SHEET 1-• D<TAllS TCP (1-2)-12 TIWFlC COf'llROl PlNI (STN«lo\RO T.ooT T1WTIC COtfTROl) THE TxDOT TRAfFIC CONTROL Pl.AN DETAILS APPU.R1NC IN nus SET Of Pl.ANS WERE CHOSEN BY KELLY M. HAJEK. P.E. FOR USE ON THIS PROJECT . O'Malley Enginem 203 s. 1-.ebH Bta:Lbala.Tua.771J3 (Y19)~7'l1 Pu:(f79)0.793i VICINITY MAP, PROJECT LOCATION MAP, SHEET INDEX, GENERAL NOlES, & LEGEND 2 __ .. __ 8 ........ CHISELED sow.RE 1H M£T Ct«SCl..£D SOUAAE IN IHl.[f N.UMIHl.Atl C>P IN CONCRETE ALUMINUM CAP IN COHCR£T'E / ... /:..., i I / I 11 ... ~ I I /.I . f ! . ,.,,. I ·2\2 -;·, ·~22'1 ~, ... ·2Q2.•6 .. 8 ~8 ,I J wI z"' / 2+oo ·-.......... ........... ........... '--.. !!2ll~AHD OR. ,,-------~·-----. '--.. • ....__ • rCO>rTROl.. POINT NO 4 -------. \ ,,. /~\ /!,.· l -·-·-. . \:'/·, '/\. , , \ \. ""l;.- ---=-·-·-·-·-·-·-·-·-·-~ -Dlll.O.• ·-·-·-·-·-·-··~·-· . I I ·-·-- 8 ;;9 !;r~~~~~~~~~~~__:'~·~-::~~~~~~~~~~~~~~~· .... ~~~~~o;;:-~~~t~~:--~~-+-~~~~~~~~~~~~~-=~~~~i._~~~~~~~s ' ·, .... -'--"AHO OR . ~t;; ::JW :x::i: o"' r ~~~~~~,,~=\~~~~~~~~~'.:'.~"'2~~~~~~~;;;=;~~~ ·-·-·-· -· -· -· -· . -· -·-'·~-· -· -· -· -· L . - '\/,./"\ ·-·-·-· ~--·-·~--~-·-·~-·----·-·-· ~!Q ~~ !i IO·ID·;p/4- QE O'Malley Engincen 20JS.Jact- Bn:11ban:l,Tcxa.nuJ "'9)1J6.79J7 Fu: (979) &J6.7'3' ~ ~i ~§ {!i~ 8~ TOPOGRAPHICAL SURVEY Of EXISTING SITE . I . I I . I . I . I . I I . I . I . ! WV < ,, ,, / , / ,, A MATCHUNE 8+ 10 TH IS SHEET J~ "~ > z 0 0 ?" s-"-" ' ---;\ / ROC PRAIRIE RD • r :.-- _,,, -__ .,. ... .,.,_ RESCUE CT . -" . \ \ . \ \ \ \ . -1 \ . \ \ . I~ ! , I . I f I I . ·-~~ . . // I l J. I i . I . . l:>- 1 / I ' ' cnY OJF COlLlLJEGJE STATION NORMAND DRIVE SIDEWAIK ~~MA er. a 8 ~8 . ........._. "· ··~ ~· ~-~ ............ ~ ~ ~~ Q.07 I ~ bJ--d° I I I 8 :;e w:< z"' . "--. ----i~ 2+00 -1'\lNU:;)I IVI"'" VI'" _.,11ULI',. I" 0~ I MAJ'CH flN!SH GJW)f Of S!QfWAI K ~ ! .Ji~ ........._. "--. NORMAND DR. ....... " ................ ........._. ~ ---------...._ -. -. -. -. ~ ~ -·-·-·-·-·-,\( fl,: \ '-<><\ :=-: .l.Ellt.lill lC TOP OF CURB Tl' TOP OF PAVING TS TOP Of' SIDEWALK ~ "' TOP OF RAMP + NC NATURAL GROUND "'"' fl Fl.OW UNE OF GUTTER w ~ 4+00 SEE DETAIL ON SHEET 8. 5+00 z<nt--~~~~~~~~~~~~~--+~~~~~~~~~~~~~~-+~~~~~~~t-~~~~~~-+-~~~~~~~~~~~~~~+-~~~~~~~~~~~ ~8 LJ CONSTRUCT s· wioE :J:i: CONCRETE SIOEW.ALK ~~ m ALTERNATE BID A:. REMOVE EX. "' ASPHALT. REGAADE., a: CONSTRUCT NEW HMA PAVEMENT NORMAND DR. -" ~~ ~;!' ~ REMOVE EX. CONCRETE 0Rfll£WAY, I REGRADE. &: CONSTRUCT NEW CONCRETE DRIVEWAY. '.."'.:-><' ,'\"'/; N..TERNATE em k REMCM EX. ~f~~~ CONCRETE CURB & CUTIER, REGRADE & CONSTRUCT NEW ·-·-·___.!··"'-·-·-· -· -· L. -·-· -·-·-· -·-· -·-· -·-·-·-·-· _.._...._ CONCRETE CURB & GVT1£R. I 10/0·Xlf+ O'E I I O'Malley Enginccn 20JS.J.cboo lmaUm., Tuu 17IJ3 (979)136-7917 Fu: (979) IJ6.7'1' ~ ~! ~~ ~1 6 SITT: GRADING PLAN 5 .......... 8 ,..: u "" => U c ~{ -- NORMAND DR . ........ " -·-·-· TC TP "' "' NC Fl ~ L.::::..J TOP Of" CURB TOP OF PAVING TOP or SIOEWAU< TOP Of' RAMP NATURAL GROUND FLOW LINE OF CV1TER CONSTRUCT 5 ' WIDE CONCRETE SIOEWAIJ( ALTERNATE BIO A:. REMOVE EX. ASPHALT, REGRADE. a: CONSTRUCT NEW HMA P"IJEMENT REMOVE EX. CONCRETE ORM."WAY, REGRADE, a: CONSTRUCT NEW CONCRETE DRIVEWAY. ALTERNATE BtO A:. REMOVE EX. CONCRETE CURB &: GUTT£R. REGRADE &: CONSTRUCT NEW CONCRETE CURB &: CUTTER . ·'~/· ... ·-1><1-·-·-·-·-·-·-·-·-·-·--·-·£...!£...·-·-- O'M11ley Enginecn lOJS.Jacbo!:I Brenhaa:l. Texu 771Jl (979)136·7937 Fu: (f791 IJ6..79l6 SITT GRADING PLAN Sh..t M"mber: 6 .... 0f •••• 8 I SIDEWALK SLOPE REQUIREMENTS 11 I i9 j I! ·I I I---'""""-->--=~~~ .... ~~-.- B en ,.,...,, ... TYPICAL AMBULATORY ,__RA_M_P_Wr"-1 ~-'.::-R-~-.:~~-~N-:.._s _ _,t~~ <Jl On"···i..-... 5' CONCRETE SIDEWALK ..,,,_ ___ r"-::::_---.:r--~.~ .. ~;_,-~-u--l,~.~= B On··- DETECTABLE WARNING PAVER l----(r:-::.-T-1:-.-:-:_-L r} .----__----<C-.~·- Pi:n:CTA~J:\l.'.\R,\'l "GS ~ •ti I_ TYPICAL PLACEMENT OF DETECTABLE WAR.HING SURFACE ON LANDING t";:;:----A_Tr::_R_E_E_:-~-Dr:G;cE-o----l ~~~: l'Eln-sr11A" •·Aaun£..~ ~ t.:,-...=::=-...==-... ::::.:;:.oi::_.::- ... ~~.==:==-.== "::S:?-E-"'="S°'.:!.::i:: .... ·:::~1-:- ... ~";~~----""::=t.::"" ......... "°' ___ ..__ <B On··- TYflCAL PLACEMENT OF OSTECTABLE WARNING sVRFACE ON SLOPING RAMP RUN ... ,,,,., .. ...,.,. y"i'PICAL COMBINED 1--c_u_R_ll_&r:-:-rr-:_R __ ..,se""·c"·· T=-:-:-~-. --!~~= O'Malley Engineers 203S.Jec.t.ia. lrcU.am, T-.. 77llJ (9'79)136-1937 Pu (J79) IJi..1916 OETAJLS 7 .... ot .... 8 5 /6 ' SIDEWALK AMBULATORY .___M_P_A_T_s _T n_R ~-E-~-:-:-E-~--S--:...-C_T_1_0__._~~ RESIDENTIAL DRIVEWAY ~---~n-::;:...--_-._~.---.-.,...--.. _~_ . :;:7.z-:5.l;;.. / , ·: / /,' / , 5• SIDEWALK AMBULATORY RAMP AT STREET ._~IN~T~E~R~S<'E~.~~T~IO:~:~:=-rD~R~IVE=S~__._~: STANDARD MANHOLE f.,,,.--R_l_N_G_A_N_o_c_o_vTE~R~---i ~~~ ST:.:;:w.::....._ •••. "'1441 :1or SIGN !IYOOWN CURB ~ I WATER TIGHT MANHOLE I 1'.J! RIGN AND COVER ~~ ~·.,~• 1~-~.-... -.. -,,-~,n-=----::.-·--,T1•~••'°'•,-..,,.--1 -•.-.. -... - O,PJUSJ TOP Of MANHOLE O'Ma llcy Bo1i oee rs lOJS.J~ l reaUa.T.xas77133 (97')136..7''37 Fu: (Y7') 136-7916 DETAI LS .....,......_, 8 .......... 8 Wern I no SI 0'1 Sequenoe In Oppoelt• Direction Sane OS Bel0//11 . Charv'lel lzl no device• Mpar"ot• work .,pooe from trove led way • f ' • I 1• • • • TCP C1-2al c :i ~ CWZ0-7 49• x 48 CWl6-2P 24• x 19• <S.. note 2J .& Except In emeroenolea, ~~ •tiftlai• 11 lunlnated ot nlQht Except In emeroenol•• ~°rrbe at~lorw 1 1 hnlnated • 1. at nlotrt----l---...f END ROAD WORK c20-2 ..a· x z4• TCP C1-2bl LEGEND o:=:o Type 3 Barr f code •• O'lcrln91 h :tno Devices Heavy Wor1<. Vehlc l e IZiil Truck Molnted Attenuator f1\(A) Trot l.r WOU"lted @ Portc:CI • ChCnged) I• FI oeh tno Arrow Boord Meuoge s I on CPCNSJ ..... s1.., Tn:rtflo Flow 0.. """ !lo FloOQOr Mlnhcua SUOOMt«I Nc»cl-Mini-DHlrcble Spoclng of --.:I Fonrula Toper-l..ngttw .,.., -** tl¥nwl lzlng '-'"" t.onol't\ldl nal Devi ces ·x· aAf..-Spoos ""0 on o 01 ...... .•. ,_. ,..._.. 30' 60' 120' 90' 35' 70' 160' 120' 295' 40 ' 80' 240' 155' 450' 495' 540' 45' 90' 320' 195' 500' 550' 600' 50' 100' 400' 240' 550' 605' 660' 55' 110' 500' 295' 600' 660' 720' 60' 120' 600' 350' 650' 715' 780' 65 ' 130' 700' 410' 700' 770' 840' 70' 140' 800' 475' 750' 82.5' 900' 75' 150' 900' 540' * Con\W?tl onal Rooda Only **I~~~;:,/:~·~-~of0~feetcFTJ S•Poeted Speedti.PHJ TYPICAL USAGE St'CCIPlng ...... Dl•tanoe 200' 250' 305 ' 360' 425' 495' 570' 645' 730' 820' MOBILE St«lRT SHORT TEflirl IHTERMEDIATE LONG TERM Ol.RATION STATIONARY TERM STATIONARY STATIONARY GENERAL NOTES 1. FIOOI attoc:.Nd ta a1glf...,.... 8tlcJiwl cn REQUIRED. 2. Al I trcfflo ocntrol de'llon 1 1 lustnrted er. RE<JJIRED, 9xoept troM denoted with ttw trlangl• 8)11DOI 9:11 be anltted whln etoted elM'llt!8re In tt. plcna, or tor rautllll .:Jlnt.oloe ~ ....., ~ by tt. EnolnMr". 3. n. CWl-4 ·se: PREPARED TO STCI'" •1171 9CJY b9 lnatall9d ofter tfl9 CWZ0-40 "OE LAtE ROAD AHEAD" •lgi, but prop11r s l171 epoolng ehol I be maintained. 4. SIQn epoolng flt¥1 be tncreoMd or cii oddltlonal CWZ0.-10 "AOAO wa:tl AHEAD• 111171 ""11 be u89d If odvrc:nce womlno dwod of the f lOOQ«" er Rl -2 "YIELD" •1171 I• Iese 1tlO"I 1500 fMt • 5. A ShodoW Yehlcl• with a l\IA ehaUld be UMd atrtl• It OG"I be pow;ltloned 30 ta IDO feet In odvanoe of tM CTeQ cf cr9W ~ without adller'aly Qffectfng tM perf'crwnoe or CJJOlli'y cf 1he vork. If WClf"Mrs en no ICXlQ8r p-..-nt bl.It rood er work ocndltlor. reQJlre the traffic control ta 1"9111Cln In plooe, l)'Plt 3 80tTloodn er ottw" ohcnlsllzlng dnlon my be etbdltuted tor ttw Shodc:* Yehlcle end nu.. 6. Addltlonal ShodoW Vltllol .. wi th 11Me: an-be poaltloned t:Tff the poved arfooe, next to tf'lOM lholln In order to protect wider work apooeL TCP !1-2ol 7. Rl-2 "YlELD" •Ion traffic control may be lJMd en project• with opproac:he• that have odllqUate slVit d l atcricL Fer project"• In t.rbcn cr.aa, work apooeia ahoUld be no fmglt'" thcn u. half olty bloc:K. In nral creaa en rooctwoya wttn leu then 2000 AUT, work epooea: ehou Id be no I anger ttoi "°° ffft. .. R1-2 •na.a· •Ion with Rl -2aP "TO ONCCNING TRAfFIC" PIOCJJI eholl be placed en a~ at a l foot mini-n:uttlno hel~. TCP !1-2bl 9. Flogore ahould uee two-way rodloe cr other" ~ of OOM11.nlootlan to control trofflc. 10. L«'IQth of work apooe ahould be bo8ed on the d::ll I tty of f laoo•n to oocrauiloate. 11. If tne work apooe ta IOOO't9d MOr a hot"lzontol er verttcol curve, the buff.-dlet<nce• lhould be lllCAOMd In order' ta e1alnto l n adequate stopping al(tlt dlstanoe to ttw f l0009f" ald a~ of atcpped Yllh lc lM ( ... td>I• ~). 12. Oicrnellzlng dlvtoea en the oef'Tt.-·111"19 rtaY be miffed 1lltwl a pllot ccr I• leading trofflo end oppro¥9d by tt. EnolnMr, 13. FIOOOW'• etiould UM 24" STCP/SLOI paddl .. to control trotf'tc. Flooa atiould be ll•lt.d to~ •l'h.JCl1'1ana..r---,..--------------t For oonriruotfon or snrotntenonoe oontroct work, apeolflc project nqu I rementa for ahoCloW veh Io I ea con be fOU'ld In the project GENERAL t«>TES for Item 502, BaT1ood88, SIQl'le c:nd Texas Deportmsrl of Tronsportoffon Trafflo DJwdfons DM6lon TRAFFIC CONTROL PLAN ONE-LANE TWO-WAY TRAFFIC CONTROL TCPC1-2l-12 ONE LANE TWO-WAY Traffic Haldi Ing. TxOOT ~ 19&5 CONTROL WITH YIELD SIGNS ONE LANE TWO:-WAY ;:: ,.,,~ .. - ,;;,;; CONTROL WITH FLAGGERS ~~L_ ______ cL_e_s_s_+_h_o_n_2_o_o_o_A_o_T_-_s_e_e_n_o_+_e_1_> _________ _J~--------------------------------'------------~!~~~CT"------'-----------~