12-02C - Special Conditions Concrete.pdf

SPECIAL CONDITIONS

1. TIME AND ORDER FOR COMPLETION

The patching process covered by the contract documents shall be fully completed within 120 (One HUNDRED-

Twenty) consecutive calendar days from the date specified in the Notice to Proceed issued by the City of Lubbock to the successful bidder.

A. The concrete repairs, with locations and materials as designated by the City's representative, may begin as soon as the Contractor receives the Notice to Proceed, and proceed until all designated locations are completed.

B. The repairs shall be completed in 120 (One HUNDRED-Twenty) consecutive calendar days. The Contractor shall pay to the owner $1,204.28 per day for each calendar day after that as liquidated damages. No credit will be given for bad weather days or other delays. In the event it is determined by the City that the progress of the work is not satisfactory, the City may direct the Contractor to take such action as the City deems necessary to ensure completion of the project within the time specified.

2. CHANGES IN THE WORK

The Street Department may make changes in the scope of the work required to be performed by the Contractor under the Contract or by making additions thereto, or by omitting work therefrom, without involving the Contract, and without relieving or releasing the Contractor from any of his obligations under the contract or any guarantee given by him pursuant to the Contract provisions, and without affecting the validity of the guaranty bonds, and without relieving or releasing the surety or sureties of said bonds. All such work shall be executed under the terms of the original

Contract unless it is expressly provided otherwise

Except for the purpose of affording protection against any emergency endangering health, life, limb or property, the

Contractor shall make no change in the materials used or in the specified manner of constructing and/or installing the improvements or supply additional labor, services or materials beyond that actually required for the execution of the contract, unless in pursuance of a written order from the local Public Agency authorizing the Contractor to proceed with the change. No claim for an adjustment of the contract price will be valid unless so ordered.

If applicable unit prices are contained in the agreement (established as a result of either a unit price bid or a

Supplement Schedule of Unit Prices) the Street Department may order the Contractor to proceed with desired changes in the work, the value of such changes to be determined by the measured quantities involved and the applicable unit prices specified in the contract; provided that in case of a unit price contract the net value of all changes does not increase or decrease the original total amount shown in the Agreement by more than twenty-five (25%) percent.

3. SUPERINTENDENCE

The Contractor’s Superintendent and/or his assistants will not be allowed to serve two functions simultaneously, such as operating machinery and acting as Superintendent at the same time. The Contractor’s Superintendent must be free of individual responsibilities to enable him to give the entire project his constant attention to facilitate the progress thereof. The Contractor’s Superintendent will be responsible for establishing grade control on concrete removal and replacement.

4. PROSECUTION OF WORK

The Contractor will, before starting any work on any street, erect barricades and signs, or provide sufficient flagmen, as approved by the Street Superintendent, to give notice to vehicular traffic. During the construction the Contractor is to close to traffic streets, as approved by the Street Superintendent.

At no time during the period of construction shall driveways and/or alleys be left impassable between the night hours of 6 P.M. to 6 A.M., except during the construction of the curb and gutter for which the driveways and/or alleys shall remain closed not more than 4 days including 72 hours for curing.

The Contractor will, during the progress of the work, erect and maintain for twenty-four hours a day such barricades and warnings, as approved by the Street Superintendent, necessary to give notice to vehicular and pedestrian traffic of any and all obstructions and insofar as possible keep the streets and/or alleys on which work is being done in a passable condition. During the time the concrete is curing in the alleys and until it can be opened to traffic, the

Contractor shall maintain warning signs on barricades with lights at each end of the block until the alley can be opened to traffic.

The flagmen will be required to wear vests and use the type of flag as shown on flagging detail sheet in specifications.

All equipment working on the streets will at all times have at least two (2) red, orange or fluorescent red-orange flags at least 16" x 16" in size. These flags shall be mounted high enough on the equipment so that they will be visible to all traffic meeting or passing the equipment.

Before work is started on any street it, will be the responsibility of the Contractor to notify each property owner that has a car or cars parked in their driveways or garages so that each owner might have the opportunity to move their cars.

The Contractor shall schedule his work on major thoroughfares and collectors at least 5 days in advance, in order that businesses may have time to adjust their plans. On all thoroughfares and collectors, the Contractor and the City's

Representatives will work with each of the businesses, hospitals, schools, etc., so that only part of the driveways into their parking lots will be closed. At no time will any parking lot be completely closed, without prior approval from the

Owner's Representative, unless the work is being accomplished at night and the businesses are closed. The Contractor shall be responsible for notifying affected businesses of the proposed work and the projected schedule for completion of this work.

Immediately after each re-construction the Contractor shall clean, remove any paving materials from gutters, rubbish and temporary structures from the street, restore in an acceptable manner all property, both public and private which has been damaged during the prosecution of the work, and leave the site of the work in a neat and presentable condition throughout. The cost of the "cleanup" shall be included as part of the cost of the various items of the work involved, and no direct compensation will be made for this work.

The Contractor should familiarize himself with the Texas Manual on Uniform Traffic Control Devices for Streets and

Highways, Part VI.

5. BARRICADES AND DANGER, WARNING AND DETOUR SIGNS AND TRAFFIC HANDLING

The Contractor shall have the sole responsibility for providing, installing, moving, replacing, maintaining, cleaning and removing upon completion of work, all barricades, warning signs, barriers, cones, lights, signals and other such type devices for handling traffic control as indicated in the plans or as directed by the Street Superintendent. All barricades, warning signs, barriers, cones, lights, signals and other such type devices shall conform to details shown on the plans and as indicated in the Texas Manual on Uniform Traffic Control Devices.

The Contractor may provide special signs not covered by plans to protect the traveling public against special conditions or hazards, provided however, that such signs are first approved by the Street Superintendent.

Upon completion of the work, all barricades, warning signs, barriers, cones, lights, signals and other such type devices and evidence thereof shall be removed by the Contractor.

6. MAINTENANCE OF DETOURS

The Contractor shall do such work as may be necessary to maintain detours and facilities for safe public travel in accordance with the Traffic Control Plan and these specifications. There shall be maintained in passable condition, such temporary roads and structures as may be necessary to accommodate public travel. Temporary approaches and crossings of intersecting highways shall be provided and maintained in a safe and passable condition by the Contractor at his entire expense.

7. PUBLIC SAFETY AND CONVENIENCE

Ingress and egress to private property shall be provided as specified in the plans or as directed by the Street

Superintendent.

The Contractor shall plan and execute his operations in a manner that will cause the minimum interference with traffic.

The Contractor shall secure the Street Superintendent's approval of his proposed plan of operation, sequence of work, and methods of providing for the safe passage of traffic before it is placed into operation. If at any time during construction the approved plan does not accomplish the intended purpose, due to weather or other conditions affecting the safe handling of traffic, the Contractor shall immediately make necessary changes therein to correct the unsatisfactory conditions.

At night or otherwise, all equipment not in use shall be stored in such a manner and at such locations as not to interfere with the safe passage of traffic. The Contractor shall provide and maintain flaggers at such points and for such periods of time as may be required to provide for the safety and convenience of public travel and Contractor's personnel, and as directed by the Street Superintendent. Flaggers shall be English speaking, courteous, well informed, physically and mentally able to effectually perform their duties in safeguarding and directing traffic and protecting the work, and shall be neatly attired and groomed at all times when on duty. When directing traffic, flaggers shall use standard attire, flags and signals and follow the flagging procedures set forth in the Texas Manual on Uniform Traffic Control Devices for

Streets and Highways.

8. REMOVING OBSTRUCTIONS

The Contractor shall familiarize himself with the existing obstructions including sidewalks, trees, poles, etc., prior to building. It shall be the Contractor's responsibility to remove these obstructions at the direction of the Street

Superintendent, except that the utility companies will move their equipment at no cost to the Contractor. The

Contractor will receive no compensation for delay caused by the Utility Companies in relocating or removing their equipment.

9. TEST OF MATERIALS

The City of Lubbock Pavement Management laboratory test results shall be the sole consideration for approval of materials, mix designs, adequacy of procedures, etc. The results of such testing shall be evaluated and final approval given by the Street Superintendent.

A. CONCRETE MATERIALS

Before Concrete materials can be used on any street, a current mix design (not older than 30 days) with test reports will be submitted to the Street Superintendent for approval. During the construction period, concrete tests that fail will require the location to be cored at the contractor’s expense. If the concrete cores fail, the concrete work will be removed and replaced at no additional cost to the City of Lubbock.

B. HOT MIX

The Contractor, or supplier of such materials, shall submit a mix design to the City Pavement Management office, at least thirty (30) days prior to the reconstruction. A mix design shall include, but is not limited to, crushed face counts, Flakiness Index tests, and magnesium sulfate(soundness) tests. The gradation requirements shall be that as necessary to meet the gradation requirements of Item 6.3 (HMAC Mix Design Requirements). The crushed face count, Flakiness Index, and Magnesium Sulfate requirements shall meet those established in City of Lubbock

Standard Paving Specifications, Item number 6.4.

10. SUBCONTRACTOR

The Contractor shall not award any work to any subcontractor without prior written approval of the Owner, which approval will not be given until the Contractor submits to the Owner a written statement concerning the proposed award to the subcontractor, which statement shall contain such information as the Owner may require.

The Contractor shall be as fully responsible to the Owner for the acts and omissions of his subcontractors, and of persons either directly or indirectly employed by them, as he is for the acts and omissions of persons directly employed by him.

The Contractor shall cause appropriate provisions to be inserted in all subcontracts relative to the work to bind subcontractors to the Contractor by the terms of the General Conditions and other contract documents insofar as applicable to the work of subcontractors and to give the Contractor the same power as regard terminating any subcontract that the Owner may exercise over the Contractor under any provision of the contract documents.

Nothing contained in this contract shall create any contractual relation between any subcontractor and the Owner and said subcontractor will look exclusively to contractor for any payments due subcontractor.

11. UNDERGROUND UTILITIES

The Contractor's attention is directed to the fact that pipelines and other underground installations as may be shown on the plans have been taken from the best available information. There may be other pipelines or installations. The

Contractor shall hold harmless the City from any and all suits or claims resulting from damage by his operations to any pipeline or underground installation.

It is the Contractor's responsibility, during the period of street construction, to ensure that all utility cuts in the limits of street construction have been properly backfilled, compacted, and the top 6" inches backfilled with 2-sack flowable fill. It is not the intent to require the Contractor to provide for the utility cut repair but for the individual utility company making the cut to provide their own repairs.

In the case of a City underground installation, the Contractor may be required, at the Street Superintendent's option, to repair the cut with 2-sack flowable fill at the unit price bid.

12. PARTIAL PAYMENTS

On or before the tenth day of each month, the Contractor shall submit to Owner's Representative an application for partial payment. Owner's Representative shall review said application for partial payment and the progress of the work made by the Contractor and if found to be in order shall prepare a certificate for partial payment showing as completely as practical the total value of the work done by the Contractor up to and including the last day of the preceding month.

13. CORRECTION OF WORK AFTER FINAL PAYMENT

Neither the final payment nor certificate nor any provision in this contract shall relieve the Contractor of responsibility for faulty materials or workmanship, and he shall remedy any defects due thereto and pay for any damage to other work resulting therefrom, which shall appear within a period of one (1) year from date of final acceptance of the project. The Owner or the Owner's Representative shall give notice of observed defects with reasonable promptness.

14. LABOR

The Contractor must abide by the Wage and Hour Laws of the State of Texas, or the U.S. Department of Labor, and must not pay less than the rate legally prescribed or as set forth herein, whichever is higher.

Payment for time worked over forty-hours per week shall be made at one and one-half (1-1/2) times the above prevailing rates. Payment for time worked on legal holidays shall be paid at one and one-half (1-1/2) times the regular governing per diem wage rates.

Any laborer, workman or mechanic required or permitted to work in excess of eight (8) hours per calendar day, under the emergency exceptions to House Bill No. 115 of the 44th Legislature invoked by HCR No. 201 of the 47th

Legislature shall be paid on the basis of eight (8) hours constituting a day’s work.

15. WORKING HOURS DEFINED

During this contract, the contractor shall make every effort to complete the work ahead of schedule. The working day shall consist of but, is not limited to, the following hours 8 AM to 5 PM Monday through Friday. Working on Saturday shall be subject to the approval of the Street Superintendent or his representative. At any time during the contract, the street superintendent or his representative may adjust the working hours if adequate progress is not being made.

16. WORK SCHEDULE

The work schedule shall follow a predetermined route that will be laid out by the street superintendent or his representative at the preconstruction meeting. At any time, the street superintendent or his representative shall have the capability to adjust the predetermined route. The contractor or his representative may summit in writing no less than 10 working days to the street superintendent or his representative a request to change the predetermined route. This request will be subject to approval by the street superintendent or his representative.