HomeMy WebLinkAboutResolution - 3714 - Contract - Williams & Peters Inc - En-Carlisle Paving - 09_12_1991Resolution No. 3714
September 12, 1991
Item #29
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BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Mayor of the City of Lubbock BE and is hereby authorized and
directed to execute for and on behalf of the City of Lubbock a Contract by and
between the City of Lubbock and Williams & Peters Construction for En -Carlisle
Paving, attached herewith, which shall be spread upon the minutes of the Coun-
cil and as spread upon the minutes of this Council shall constitute and be a
part of this Resolution as if fully copied herein in detail.
Passed by the City Council this 12th
ATTEST: .
anetxe boys, City secre
APPROVED A TO CONTENT•
ene ads, Purchasing Manager
APPROVED AS TO FORM:
a o ar Assi-s antn ty
Attorney
day of September , 1991.
R F -
CITY OF LUBBOCK
SPECIFICATIONS
FOR
EN-CARLISLE PAVING
BID # 11478
1�
CITY OF LUBBOCK
Lubbock, Texas
CITY OF LUBBOCK
COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM
SPECIFICATIONS
FOR
TITLE: EN-CARLISLE PAVING
ADDRESS: 21ST & 25TH STREETS
CDWO: 3113-591305-0001
BID NO.: 11478
CONTRACT PREPARED BY: PURCHASING DEPARTMENT
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1.-- NOTICE TO BIDDERS
2. INFORMATION FOR BIDDERS
3. BID PROPOSAL - BID FOR LUMP SUM CONTRACTS
4. BID PROPOSAL - BID FOR UNIT PRICE
5. PAYMENT BOND (FOR CONTRACTS IN EXCESS OF $25,000)
6. PERFORMANCE BOND (FOR CONTRACTS IN EXCESS OF $25,000)
7. CERTIFICATE OF INSURANCE
8. HUD CERTIFICATIONS
9. CONTRACT
10. GENERAL CONDITIONS,OF THE AGREEMENT
11. YEXHIBITS
.A. Copeland Anti -Kickback Regulations
B. Current Wage Determinations
12. SPECIAL CONDITIONS OF THE AGREEMENT
-13. SPECIFICATIONS (TO BE PROVIDED BY ENGINEERS)
14. SPECIAL CONDITIONS (TO BE PROVIDED BY ENGINEERS)
15. NOTICE OF ACCEPTANCE
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NOTICE TO BIDDERS
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NOTICE TO BIDDERS
CDWO 3113-591305-0001
COMMUNITY DEVELOPMENT BLOCK GRANT
CITY OF LUBBOCK
BID # 11478
Sealed proposals addressed to Gene Eads, Purchasing Manager, City
of Lubbock, Texas, will be received at the Purchasing Office,
Municipal Building, 1625 13th Street, Room L-04, Lubbock, Texas
79401 until 2:00 o'clock p.m., on the 13th day of August, 1.991.
or as changed by the issuance of formal addenda to all
planholders, to furnish all labor and materials and perform all
work for the construction of the following project:
EN-CARLISLE PAVING
Bidders are also required to submit a signed certification in
compliance with Section 109 of Pub. L. 100-202 regarding
restrictions on the Award of Certain Contracts and Subcontracts
to Foreign Countries.
Bidders are required to submit a cashier's or certified check or
bid bond in the amount of 5% of the total bid and the successful
bidder shall provide bond in full amount of the contract executed
by a surety company authorized to do business in Texas.
The above described project will be paid for in cash by the
Community Development Block Grant received by the City from the
Department of Housing and Urban Development. The contract for
this project must comply with all applicable Federal laws and
regulations including the payment of federal minimum wages under
the provision of the Davis -Bacon Act, and the compliance with the
provisions of equal employment opportunities and under Section 3
Affirmative Action and Executive Order 11246.
Plans and Specifications are on file at the Purchasing office and
may be obtained at the office of Gene Eads, C. P. M., Purchasing
Manager, Room L-04, Municipal Building, 1625 13th Street,
Lubbock, Texas, 79401.
There will be a pre -bid conference on August 1, 1991 at 10:00
o'clock a.m., Committee Room 103, Municipal Building, 1625 13th
Street.
CITY OF LUBBOCK, TEXAS
xaz Z rZ1,
BY: Gene Eadd C.P.M.
Purchasing Manager
No Text
CERTIFICATION IN COMPLIANCE WITH
SECTION 109 OF PUB. L. 100-202
REGARDING RESTRICTIONS ON THE AWARD
OF CERTAIN CONTRACTS AND SUBCONTRACTS
TO FOREIGN COUNTRIES
(a) Definitions. The definitions pertaining to this provision are
those that are set forth in the clause entitled "Restrictions on
Public Works Projects."
(b) Certification. Except as provided in paragraph (c) of this
provision, by submission of its bid or proposal, the bidder
certifies that it -
(1) Is not a Contractor of a foreign country included on the
list of.countries that discriminate against U.S. firms
published by the Office of the United States Trade
Representative (USTR) (see paragraph (h) of this provision});
(2) Has not or will not enter into any subcontract with a
subcontractor of a foreign country included on the list of
countries that discriminate against U.S. firms published by
the USTR; and
(3) Will not provide any product of a country included:.on the,-•
list of foreign countries that discriminate against U.S..,
firms published by the USTR.
(c) Inability to certify. A bidder unable to certify in accordance
with paragraph (b) of this provision shall submit with its offer
a written explanation fully describing the reasons for its
inability to make the certification.
(d) Applicability of 18 U.S.C. 1001. The certification in paragraph
(b) of this provision concerns a matter within the jurisdiction
of an agency of the United States, and the making of a false,
fictitious, or fraudulent certification may render the maker
�^ subject to prosecution under Title 18, U.S.C. 1001.
(e) Notice. The bidder shall provide immediate written notice to the
Contracting Officer if, at any time before the contract award,
.the bidder learns that its certification was erroneous when
submitted or has become erroneous by reason of changed
circumstances.
(f) Restrictions on contract award. Unless a waiver to these
restrictions is granted by the Secretary of Housing and Urban
Development, no contract will be awarded to a bidder (1) who is
owned or controlled by a citizen or national of a.foreign country
included on the list of foreign countries that discriminate
against U.S. firms published by the USTR, (2) whose subcon-
tractors are owned or. -controlled by citizens or nationals of a
foreign country on the USTR list, or (3) who incorporates any
product of a foreign country on the USTR list in the public works
project.
(g) Recordkeeping. Nothing contained in the foregoing shall be
construed to require establishment of a system of records in
order to render, in good faith, the certification required by
paragraph (b) of this provision. The knowledge and information
of a bidder is not required to exceed that which is normally
possessed by a prudent person in the ordinary course of business
dealings.
(h) USTR list. The USTR published an initial list in the Federal
Register on December 30,.1987_(53 FR 40244), which identified one
country - Japan. The USTR can add countries to the list, and _
remove countries from it, in accordance with section 109(c) of
Pub. L. 100-202.
P--TEkS r- Ns /: eaXMe--
Contractor _
By:�o
,(Seal if Bidder is a Corporation)
ATTEST:
S cret VIY
Restrictions on Public Buildings and Public Works Projects
( a) Definitions.
"Component," as used in this clause, means those articles,
materials, and supplies incorporated directly into the product.
"Contractor or subcontractor of a foreign country," as used in
this clause, means any Contractor or subcontractor that is a
citizen or national of a foreign country or is controlled
directly or indirectly by citizens or nationals of a foreign
country. A contractor or subcontractor shall be considered to be
a citizen or national of a foreign country, or controlled
directly or indirectly by citizens or nationals of a foreign
country -
(1) If 50 percent or more of •the Contractor or sub-
contractor is owned by a citizen or national of the
foreign country;
(2) If the title to 50 percent or more of the stock of the
Contractor or subcontractor is held subject to trust or
fiduciary obligation in favor of citizens or nationals
of the foreign country.
(3) If 50 percent or more of the voting power in the
Contractor or subcontractor is vested in or exercisable
on behalf of a citizen or national of the foreign
country;
(4) In the case of a partnership, if any general partner is
a citizen of the foreign country;
(5) In the case of a corporation, if its president or other
chief executive officer or the chairman of its board of
directors is a citizen of the foreign country or the
majority of any number of its directors necessary to
constitute a quorum are citizens of the foreign country
or the corporation is organized under the laws of the
foreign country or any subdivision, territory, or
possession thereof; or
(6) In the case of a contractor or subcontractor who is a
joint venture, if any participant firm is a citizen or
national of a foreign country or meets any of the
�^ criteria in subparagraphs (a)(1) through (5) of this
clause.
"Product," as used in this clause, means construction materials -
'i.e., articles; materials, and supplies brought to.the
construction site for incorporation into the public works
project, including permanently affixed equipment, instruments,
utilities, electronic or other devices, but not including
vehicles or construction equipment. In determining the origin of
a product, the City of Lubbock will consider a product as
produced in a foreign country if it has been assembled or
manufactured in the foreign country, or if the cost of the
components mined, produced, or manufactured in the foreign
country exceed 50 percent of the cost of all its components.
(b) Restrictions.
The Contractor shall not (1) knowingly enter into any subcontract
under this contract with a subcontractor of a foreign country
included on the list of countries that discriminate against U.S.
firms published by the United States Trade Representative (see
paragraph (c) of this clause), or (2) supply any product under
this contract of a country included on the list of foreign
countries that discriminate against U.S. firms published by the
USTR.
(c) USTR list.
The USTR published an initial list in the Federal Register on
December 30, 1987 (53 FR 49244), which identified one country -
Japan. The USTR can add other countries to the list, or remove
countries from it, in accordance with section 109(c) of Pub-L.
100-202.
(d) Certification.
The Contractor may rely upon the certification of a prospective
subcontractor that it is not a subcontractor of a foreign country
included on the list of countries that discriminate against U.S.
firms published by the USTR and that products supplied by such
subcontractor for use on the Federal public works project under
this contract are not products of.a foreign country included on
the list of foreign countries that discriminate against U.S.
firms published by the USTR, unless such Contractor has knowledge
that the certification is erroneous.
(e) Subcontracts.
The Contractor shall incorporate this clause, modified only for
the purpose of properly identifying the parties, in all
subcontracts. This paragraph (e) shall also be incorporated in
all subcontracts.
P"
INFORMATION FOR BIDDERS
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INFORMATION FOR BIDDERS
1. Receipt and Opening of Bids
The City of Lubbock (herein called the "Owner"), invites bids
on the form attached hereto, all blanks of which must be
appropriately filled in. Bids will be received by the Owner
at the office of Gene Eads, Purchasing Manager, City of
Lubbock, Texas until 2:00 o'clock p.m.. on the 13th day of
August. 1991, and then at said office publicly opened and
read aloud. The envelopes containing the bids must be
sealed, addressed to Gene Eads, Purchasing Manager, at
Municipal Building, 1625 13th Street, (Room L04), Lubbock,
Texas 79401 and designated as Bid for EN-CARLISLE PAVING.
The Owner may consider as informal any bid not prepared and
submitted in accordance with the provisions hereof and may
waive any informalities or reject any and all bids. Any bid
may be withdrawn prior to the above scheduled time for the
opening of bids or authorized postponement thereof. Any bid
received after the time and date specified shall not be
considered. No bidder may withdraw a bid within thirty (30)
days after the actual date of the opening thereof.
2. Preparation of Bid
Each bid must be submitted in a sealed envelope bearing on
the outside the name of the bidder, his address and the
name of the project for which the bid is submitted. If
forwarded by mail, the sealed envelope containing the bid
must be enclosed in another envelope addressed as specified
in the bid form.
3. Subcontracts
The bidder is specifically advised that any person, firm, or
other party to whom the bidder proposes to award a subcon-
tract under this Contract must be acceptable to the Owner
after verification by the Community Development Department
r, of the City of Lubbock.
The bidder should submit to the Owner a list of proposed
subcontractors which consists of each subcontractor's legal
name and business address. Although there is no requirement
that this list be submitted with a bid, the Owner requests
that such list be attached to said bid so that appropriate
action can be taken to prevent subsequent delay in subcon-
tract awards.
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Telegraphic Modification
Any bidder may modify his bid by telegraphic communication
at any time prior to the scheduled closing time .for receipt
of bids, provided such telegraphic communication is received by the Owner prior to the closing time and, provided
further, the'Owner is satisfied that a written confirmation
of the telegraphic modification over the signature of the
bidder was mailed prior to the closing time. The telegra-
phic communication should not reveal the bid price but
should provide the addition or subtraction or other modi-
fication so that the final prices or terms will not be known
by the Owner until the sealed bid is opened. If written
confirmation is not received within two (2) days from the
closing time, no consideration will be given to the tele-
graphic modification.
5. Qualifications of Bidder
The Owner may make such investigations as he deems necessary
to determine the ability of the bidder to perform the work,
and the bidder shall furnish to the Owner all such informa-
tion and data for this purpose as the Owner may request.
The Owner reserves the right to reject any bid if the
evidence submitted by, or investigation of, such bidder
fails to satisfy the Owner that such bidder is properly
qualified to carry out the obligations of the Contract and
to complete the work contemplated therein. Conditional bids
will not be accepted. Bidder must be acceptable to the
Owner after verification by the HUD Area Office of the
bidder's current eligibility status.
6. Bid Security
Each bid must be accompanied by cash, certified check of the
bidder or a bid bond duly executed by the bidder and issued
by a surety company approved by the Owner, in the amount of
5% of the bid. Such cash, checks or bid bonds will be
returned to all except the three lowest bidders within three
(3) days after the opening of bids, and the remaining cash,
checks or bid bonds will be returned promptly after the
Owner and the accepted bidder have executed the Contract,
or, if no award has been made within thirty (30) days after
the date of, the opening of bids, upon demand of the bidder
at any time thereafter, so long as he has not been notified
of the acceptance of his bid.
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The successful bidder, upon his failure or refusal to execute
and deliver the Contract, certificate of insurance and bonds
required within ten (ten) days after he has received notice
of the acceptance of his bid, shall forfeit to the Owner the
security deposited with his bid.
7. Time of Completion and Liquidated Damages
Bidder must agree to commence work on or before a date to be
specified in a written "Notice to Proceed" of the Owner and
to fully complete the project within (60) SIXTY working days
thereafter. Bidder must agree also to pay as liquidated
damages the sum of $250.00 (Two Hundred Fifty dollars) for
each consecutive calendar day thereafter in which the project
is not fully completed.
8. Conditions of Work
Each bidder must inform himself fully of the conditions
relating to the construction of the project and the
employment of labor thereon. Failure to do so will not
relieve a successful bidder of his obligation to furnish all
material and labor necessary to carry out the provisions of
his Contract. Insofar as possible the Contractor, in
carrying out his work must employ such methods or means as
will not cause any interruption of or interference with the
work of any other contractor.
9. Addenda and Interpretations
No interpretation of the meaning of the plans, specifications
or other pre -bid documents will be made to any bidder orally.
r' Every request for such interpretation should be in writing
and addressed to Gene Eads C.P.M. Purchasing Manager
at P.O. Box 2000 Lubbock TX 79457
r• and to be given consideration must be received at least five
(5) days prior to the date fixed for the opening of bids.
Any and all such interpretations and any supplemental
instruction will be in the form of written addenda to the
r specifications which, if issued, will be mailed by certified
mail with return receipt requested to all prospective
bidders (at the respective addresses furnished for such
purposes), not later than three (3) days prior to the date
fixed for the opening of bids. Failure of any bidder to
receive any such addendum or interpretation shall not
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relieve such bidder from any obligation under his bid as
submitted. All addenda so issued shall become part of the
Contract Documents.
10. Performance Bond and Payment Bond (Contract in Excess of
$25,000)
The successful bidder shall be required to furnish a
performance bond --and payment bond in accordance with Article
5160, Vernon's Annotated Civil Statutes, in the amount of
100% of the total Contract price, in the event said Contract
price exceeds $25,000.00. If the contract price does not
exceed $25,000.00, the statutory bonds will not be required.
All bonds, if required, shall be submitted on the forms supplied
by the Owner, and executed by an approved Surety Company
authorized to do business in the State of Texas. And it is
further agreed that this Contract shall be in effect until such
bonds are so furnished. Said statutory bonds should be issued by
a Company carrying a current Best Rating of B or superior, as the
rating of the bond company is a factor that will be considered in
determination the lowest responsible bidder.
11. Power of Attorney
Attorneys -in -fact who sign bid bonds or contract bonds must
file with each bond a certified and effectively dated copy of
their power of attorney.
12. Notice of Special Conditions
Attention is particularly called to those parts of the Contract
Documents and specifications which deal with the following:
(a) Inspection and testing of materials.
(b) Insurance requirements.
(c) Wage rates.
13. Laws and Regulations
The bidder's attention is directed to the fact that all
applicable State laws, municipal ordinances and the rules
and regulations of all authorities having jurisdiction over
construction of the project shall apply to the Contract
throughout, and they will be deemed to be included in the
Contract the same as though herein written out in full.
14. Obligation of Bidder
At the time of the opening of bids, each bidder will be
presumed to have inspected the site and to have read and to
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P.M
am
be thoroughly familiar with the plans and Contract Documents
as defined in the General Conditions. The failure or
omission of any bidder to examine any form, instrument or
document shall in no way relieve any bidder from -any
obligation in respect of his bid.
If Plans and Specifications are too bulky or cumbersome to
be physically bound to the Contract Documents, they are to
be considered incorporated by reference into the aforemen-
tioned Contract Documents.
15. Texas State Sales Tax
This Contract is issued by an organization which qualifies
for exemption pursuant to the provisions of Article 20.04 of
the Texas Limited Sales, Excise and Use Tax Act.
The Contractor must obtain a limited sales, excise and use
tax permit which shall enable him to buy the materials to be
incorporated into the work without paying the tax at the
time of purchase. • '
16. Materials and Workmanship
The intent of these Contract Documents is that only mate-
rials and workmanship of the best quality and grade will be
furnished. The fact that the specifications may fail to be
sufficiently complete in some detail will not relieve the
Contractor of full responsibility for providing materials of
high quality and for protecting them adequately until
incorporated into the project. The presence or absence of a
r` representative of the City on the construction site will not
relieve the Contractor of full responsibility for complying
with this provision. The specifications for materials and
�.. methods set forth. in the Contract Documents provide minimum
standards of quality which the Owner believes necessary to
procure a satisfactory project.
17. Protection of the Work
The Contractor shall be responsible for the care, preser-
vation, conservation and protection of all materials,
supplies, machinery, equipment, tools, apparatus, acces-
sories, facilities and all means of construction, and any
and all parts of the work, whether the Contractor has been
paid, partially paid or not paid for such work, until the
date the City issues its certificate of completion to the
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Contractor. The City reserves the right, after the bids
have been opened and before the Contract has been awarded,
to require of a bidder the following information. -
(a) The experience record of the bidder, showing completed _-
jobs of a similar nature to the one covered by the
proposed Contract and all work in progress, with bond
amounts and percentage of work completed. -
(b) A sworn statement of the current.financial condition of
the bidder.
(c) An equipment schedule.
18. Protection of Subsurface Lines and Structures
It shall be the Contractor's responsibility to prosecute the
work contemplated by the Contract Documents in such a way as to exercise due care to locate and prevent damage to all
underground pipelines, utility lines, conduits or other
underground structures which might or could be damaged by _
Contractor during the construction of the project contem-
plated by these Contract Documents. The City of Lubbock
agrees that it will furnish Contractor with information as
to the location of all such underground lines and utilities. of which it has knowledge. However, such fact shall not
relieve the Contractor of his responsibilities aforemen-
tioned. All such underground lines or structures cut or -
damaged by Contractor during the prosecution of the work
contemplated by this Contract shall be repaired immediately
by the Contractor to the satisfaction of the City of _
Lubbock, Texas, at Contractor's expense.
19. Contractor's,Representative
The successful bidder shall be required to have a respon-
sible local representative available at all times while the
work is in progress under this Contract. The successful
bidder shall be required to furnish the name, address and
telephone number where such local representative may be
reached during the time that the work contemplated by this
Contract is in progress.
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20. Provisions Concerning Escalator Clauses
Proposals submitted•containing any conditions which provide
for changes in the stated bid price due to increases in the
cost of materials, labor or other items required for the
project will be rejected and returned to the bidder without
being considered.
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BID PROPOSAL - BID FOR UNIT PRICE
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E'
BID PROPOSAL
BID FOR UNIT PRICE
PLACE 1c
DATE --
PROJECT NO. ,C_hwn 3113-]411e.�000�
�- Proposal of 6J/LLiawnA 4 PtTkks C-owcr. ���� MA _ (hereinafter
called "Bidder")
To the Honorable Mayor and City Council
City of Lubbock, Texas (hereinafter called "Owner")
Gentlemen:
The Bidder, in compliance with your invitation for bids for
the construction of CZ k e_ e, r A vi m=9
having carefully examined the plans, specifications, instructions
to bidders, notice to bidders and all other related Contract
Documents and the site of the proposed work, and being familiar
with all of the conditions surrounding the construction of the
proposed project, including the availability of materials and
labor, hereby proposes to furnish all labor, materials, and
supplies, and to construct the project in accordance with the
plans, specifications and Contract Documents, within the time set
-forth therein and at the prices stated in Exhibit "A".
The Bidder binds himself on acceptance of his proposal
'to
execute a Contract and any required bonds, according,to the `
accompanying forms, for performing and completing the said work'
within the time stated and for the prices stated in F,xhibit,"A"
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of this proposal. ,
Bidder hereby agrees to commence the work on the above
project on or before a date to be specified in a written "Notice
to Prozed" of the Owner and to fully complete the project within
consecutive calendar days thereafter, as stipulated in
the specifications and other Contract Documents. Bidder hereby
further agrees to pay to Owner as liquidated damages•the sum of
$ 'DtiD_oa for each consecutive calendar day in excess of
the time set forth hereinabove for completion of this project,
all as more fully set forth in the General Conditions of the
,S.
Contract Documents.
Bidder understands that the Owner reserves the right to
reject any or all bids and to waive any formality in.the bidding.
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Bidder agrees that this bid shall be good and may not be
withdrawn for a period of thirty (30) calendar days after the
scheduled closing time for receiving bids.
The undersigned Bidder hereby declares that he has visited
the site of the work and has carefully examined the plans,
specifications and Contract Documents pertaining to the work
covered by -this bid, and he further agrees to commence work on or
before the date specified in the written notice to proceed, and
to substantially complete the work on which he has bid, as
provided in the Contract Documents.
Enclosed with this proposal is a Cashier's Check or Certi-
fied Check for Dollars
($ Sz , or a Proposal Bond in the sum of
_ Dollars ($
which it is agreed shall be collected and retained by the Owner
as liquidated damages in the event the proposal is accepted by
the Owner and the undersigned fails to execute the necessary
Contract Documents and the required bonds (if any) within ten
.00) days after the date of receipt of written notification of
acceptance of said proposal; otherwise, said check or bond shall
be returned to the undersigned upon demand.
Bidder understands and agrees that the Contract to be
_executed by Bidder shall be bound and include all Contract
Documents made available to him for his inspection in accordance
with the Notice to Bidders.
6/ ,4 t, s I-i2<` T 6 k r c- o tics T, a, F_tcr.
Contractor
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_(Seal if Bidder is a Corporation)
ATTEST:
Secre Vr yr
EXHIBIT A, PAGE 1
BID PROPOSAL
BID FOR UNIT PRICE CONTRACTS
Item Quantity
No. & Unit
Description of Item
and Unit Price
Total Item
Amount
1. 6,500 S.Y.
1-1/2" compacted T.H.D. Type "C" or "D" A.C.
paving including subgrade preparation, 6" of
caliche base, prime and tack coat, and 1:2
dilute emulsion treatment at a rate of 0.10
gallon per square yard within ten days of the
placement of the A.C. surface, complete in
place per square yard;
DOLLARS ($ ?, 0 O )
CENTS/S.Y.
$ L{y� S^UO•�
2. 3,050 L.F.
24" curb and gutter or separate gutter or
saw -tooth curb and gutter, including site
clearance, and subgrade preparation, complete
in place per linear foot;
DOLLARS ($ % S )
• ENTS /L.F.
3. 100 S.Y.
Type 1, Class A Concrete, 4" thick, for
adjustment of drive approaches and side-
walks, including site clearance and sub -
grade preparation;.complete in place, per
square yard;
• 7 J`
,,.r- DOLLARS ( ! ' w )
D
_
ENT S/S.Y.
S 7J�Od
4. 5 Hours
Road Grader Work necessary to provide
the finished grade line, as directed by
the Engineer, at west intersection of
25th. street, per hour of operation;
.
:Z �,w.. DOLLARS ($ ? Y. O 0 )
1..- CENTS/Hour
TOTAL OF BID ITEMS 1,2,3, and 4 $ 4-7 z k�2.
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F
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FIDELITY AND GUARANTY 1 NCE UNDERWRITERS, INC.
Ra&m
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(A Stock Company)
BID BOND
BOND NUMBER ......................................
KNOW ALL MEN BY THESE PRESENTS:
Williams & Peters Construction.
THAT ...................................................... ....................................
.......................................................... of .:Rt O. Box 5215
......................................................
... Lubbock, Texas 79417
..................................................................... . as Principal, and the other undersigned,
as Surety, are held and firmly bound unto .........................................................................
Texas ...........................................................
as Obligee, in the full and just sum of......... �%..of Bid ......................................................
............................................................................................................... Dollars,
lawful money of the United States, for the payment of which sum, well and truly to be made, we bind ourselves,
our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents.
WHEREAS, the said Principal is herewith submitting its proposal
EN Carlisle Paving
THE CONDITION OF THIS OBLIGATION is such that if the aforesaid Principal shall be awarded the
contract the said Principal will, within the time required, enter into a formal contract and give a good and
sufficient bond to secure the performance of the terms and conditions of the contract, then this obligation to
be void; otherwise the Principal and Surety will pay unto the Obligee the difference in money between the
amount of the bid of the said Principal and the amount for which the Obligee legally contracts with another
party to perform the work if the latter amount be in excess of the former, but in no event shall liability hereunder
exceed the penal sum hereof.
Signed, sealed and delivered...,NguPti. U'. p91
(Date)
................................................... ...................................................... (SEAL)
FIDEILI77ND GUARANTY INSURANCE UNDERWRITERS, INC.
...................................... ....... he5Ohio Corporation)
.... .. ..........................
................................................... ..
Linda Attaway Affornty-in-fact
lKwih-i-;tv4 'AL 7 I L7—
Contract 500 (9-84)
(THIS PAGE LEFT BLANK INTENTIONALLY)
k i '
1
• CERTIFIED COPY
GENERAL POWER OF ATTORNEY
•� l^}i � 9
.KNOW ALL MEN BY THESE PRESENTS:
That FIDELITY AND GUARANTY INSURANCE UNDERWRITERS, INC., a corporation organized and existing
under the laws of the State of Ohio, and having its principal office at 100 Light Street, Baltimore, Maryland 21203, does,
hereby constitute and appoint Evelyn Warwick, Tim Sampson, Linda Attaway and Alan Henry }�
Ir
of the City of Lubbock , State of Texas
its true and lawful Attorney -in -Fact, with power and authority to sign its name as surety to, and to execute, seal, acknowledge r�
and deliver any and all bonds; undertakings. recognizances or other written obligations in the nature thereof; and the said
FIDELITY AND GUARANTY INSURANCE UNDERWRITERS, INC. hereby ratifies and confirms all of the acts of said
rAttorney -in -fact, pursuant to these premises.
t This appointment is made under and by authority of a by-law of the said FIDELITY AND GUARANTY INSURANCE
UNDERWRITERS, INC., a certified copy of which is hereto annexed and made a part of this Power of Attorney:
IN WITNESS WHEREOF, the said FIDELITY AND GUARANTY INSURANCE UNDERWRITERS, INC. has
caused this instrument to be sealed with its corporate seal, duly attested by the signatures of its Vice -President and Assistant
Secretary, this 8th day of December 1989 .
FIDELITY AND GUARANTY INSURANCE
UNDERWRITERS, INC.
William F. Spliedt
(Signed) BY ................................ ........... .............
Wr—Pnsldenl. . .
(SEAL) (Signed) ....... L�..L.•.. Hupfer.... ..............
. A:,nran� Sernwn•.
STATE OF MARYLAND )
r BALTIMORE CITY ) �'
On this 8th day of December .19 89 , before me personally came
William F. Spliedt , Vice President of FIDELITY AND GUARANTY
INSURANCE UNDERWRITERS, INC. and L. L. Hupfer Assistant
jSecretary of said Corporation, with both of whom I am personally acquainted, who being by me severally sworn, said that
they, the said William F. Spliedt , and L. L. Hupfer
were respectively the Vice President and Assistant Secretary of the said FIDELITY AND GUARANTY INSURANCE
UNDERWRITERS, INC., the corporation described in and which executed the foregoing Power of Attorney; that they each
knew the seal of said corporation; that the seal affixed to said Power of Attorney was such corporate seal; that it was so
affixed by authority of the by-laws of said corporation; and that they signed their names hereto by like authority as Vice
President and Assistant Secretary, respectively, of the Corporation.
E,
My Commission expires the first day of July, 19 90
(SEAL)
(Signed). Margaret M. Hurst
NOTARY PUBLIC
>�* < ' Copy of By -Law
516tir So- y^ 4 ! b t aY
q
zx w� t t
." "Article VI, Section 7 - Execution of Instruments `
The Chairman of the Board, the President, any Executive Vice President, any
Vice President, including the Financial Vice President, or any Assistant Vice !
President, in conjunction with the Secretary or an Assistant Secretary, shall have A
�k
ar+ power on behalf of the Company: ;
(a) to execute, acknowledge. verify and deliver all contracts, obligations. in '
i;rf' c struments and documents whatsoever, in connection with its business,: including, ,
sixetl> n< G without limiting the foregoing, any and all bonds, guarantees, undertakings,
N.
recognizances. stipulations, policies of insurance, deeds, leases, mortgages, re-
leases, satisfactions and agency agreements,
z4 ,
(b) to appoint one or 'more.persons for any or all of the purposes mentioned in
Y .:.. the preceding. paragraph (a), including affixing the seal of the Company.
-
�
Michael P. Hammond , an Assistant Secretary of
:x FIDELITY AND GUARANTY INSURANCE UNDERWRITERS, INC:, do hereby certify that the foregoing is a full, true and
correct copy of the original power of attorney given by said Company to . Evelyn Warwick, Tim Sampson,
Linda Attaway and Alan Henry
' of Lubbock, Texas . authorizing and empowering them
to sign bonds as therein set forth, which power of attorney has never been revoked and is still in full force and effect.
And I do further certify that said Power of Attorney was given in pursuance of a by-law of said Company, and that the
.s.
'foregoing is a true and correct copy of said by-law.
In Testimony Whereof, I have hereunto set aw hand and the seal of FIDELITY AND GUARANTY INSURANCE UN- _
DERWRITERS, INC. this /3 Z j day of 19 9�
r'•T`aj1h� K tl .. 1 F .......... •••• ••. .. ..........•
Assistant Secretary.
y
i t.. ..i..
Y .
k
f,
}
k:
r
6
r- PAYMENT BOND
4 .
s
1
S�
t
r—�
(THIS PAGE LEFT BLANK INTENTIONALLY)
� ...
[ BOND CHECK
BEST RATING `
r LICENSED IN TEXAS PAYMENT BOND
s DATE IO BY���pmlicable on all contracts in excess of $25,000)
To be used in Texas under Y.A.C.S. Art. 5160)
r
E. THE STATE OF
COUNTY OF
KNft ALL MEN BX THE E PRESENTS: That we (1) 4/j 9�
►- , (2)
of , hereinafter called Princi al., and
3 o f
State f �/��C� ,4ereinaf er
7 called the Surety, are held ffirmly bo nd unto 4)
C of
hereinafter called Owner, and unto all perddids-t firms and
�. corporations who may furnish materials for, or perform labor upon
the bu'ldi " or improvements hereinaft r referred to in the penal
sum of �° �$ 6.1 gf,,G )
Do ars n lawfu money of the Una States, to be'paid in
i N , for the payment of which sum well and
truly to be ade, twe bind ourselves, our heirs, executors,
administrators and successors, jointly and severally, firmly by
these presents.
THE..CONDITION OF `THIS OBLIGATION is such that Wyk,ereas, t'h6_
Principal entered into a certain Contract with (6) (,.
dated the - day of , 19 ,, a copy' of,;-
which i.s hereto attached d made a part hereof,•forthe,const"c-
Lion of:
`�2�LtO Gtl .
N� -
r-
NOW THEREFORE,,,the condition of this obligat�`en ,ice such =`
that, if the Principal shall promptly make payment.... to -all �^
claimants, as defined in Article 5160, Revised C �V3l F_tatuifP's f
Texas, 1925, as amended by House Bill 344, Acts S,t.h L islatpre,
Regular Session, 1959, effective April 27, 1959, ail as further
amended by Acts 1969, 61st Legislature, p. 1390,
effective June 2, 1969, supplying labor and materials'`rn,the
prosecution of the work provided for in said Contract, then this
obligation shall be null and void, otherwise, it shall remain in
I full force and effect.
This bond is made and entered into solely for the protection
of all claimants supplying labor and materials in the prosecution
of the work provided for in said Contract, and all such claimants
shall have a direct right of action under the bond as provided in
r
Article 5160, Revised Civil Statutes of Texas, 1925, as amended
by House Bill 344, Acts 56th Legislature, Regular Session, 1959,
and as further amended by Acts 1969, 61st Legislature, p. 1390,
ch. 422, Sec. 1, effective June 2, 1969.
PROVIDED FURTHER, that if a legal action be filed upon
this bond, venue shall lie in �d��% County,` Texas, and
that the said. Surety, for value received, hereby stipulates and
agrees that,no change, extension of time, alteration or addition
to the terms of the Contract or,to the'work to be performed
thereunder or the specifications accompanying the same shall in
any wise affect its.,obligation on. this bond, and said Surety does
hereby waive notice of any such change, extension of time,
alteration or addition to the !terms of the Contract or to the
work I or to, the specifications.,.,_
PROVIDED FURTHER, that no final settlement between the Owner
and the Contractor shall abridge the right of any beneficiary
hereunder whose, claim maybe;unsatisfied.
IN WITNESS WHEREOF, this instrument is executed in six
counterparts, each one f Which shall be deemed an original, this
the /, , day of,t% , 19_.
ATJES-T
(PrirgipalY Secretary
.,(.SEAL)
SEAL)
Witness as to'Principal
Address
`.AT-TES-T
Surety Secretary
(SEAL)
itness as to Su ty
Address
A'd
NOTE: If Contractor is Part-
nership, all partners
should execute bond.
r
it
CERTIFIED COPY
GENERAL POWER OF ATTORNEY
NO. FG 146
KNOW ALL MEN BY THESE PRESENTS:
That FIDELITY AND GUARANTY INSURANCE UNDERWRITERS, INC., a corporation organized and existing
under the laws of the State of Ohio, and having its principal office at 100 Light Street, Baltimore, Maryland 21203, does
hereby constitute and appoint Evelyn Warwick, Tim Sampson, Linda Attaway and Alan Henry
of the City of Lubbock , State of Texas
its true and lawful Attorney -in -Fact, with power and authority to sign its name as surety to, and to execute, seal, acknowledge
and deliver any and all bonds, undertakings, recognizances or other written obligations in the nature thereof; and the said
FIDELITY AND GUARANTY INSURANCE UNDERWRITERS, INC. hereby ratifies and confirms all of the acts of said
Attorney -in -fact, pursuant to these premises.
This appointment is made under and by authority of a by-law of the said FIDELITY AND GUARANTY INSURANCE
UNDERWRITERS, INC., a certified copy of which is hereto annexed and made a part of this Power of Attorney.
IN WITNESS WHEREOF, the said FIDELITY AND GUARANTY INSURANCE UNDERWRITERS, INC. has
caused this instrument to be sealed with its corporate seal, duly attested by the signatures of its Vice -President and Assistant
Secretary, this 8th day of December , 1989 .
(Signed)
(SEAL) (Signed)
STATE OF MARYLAND ) .
BALTIMORE CITY ) ss.
FIDELITY AND GUARANTY INSURANCE
UNDERWRITERS, INC.
William F. Spliedt
Vire-President.
.. L... L.J. Hupfer.......... . ........................
Assistant Se<retarv.
On this 8th day of December 19 89 , before me personally came
William F. Spliedt , Vice President of FIDELITY AND GUARANTY
INSURANCE UNDERWRITERS, INC. and L. L. Hupfer , Assistant
Secretary of said Corporation, with both of whom I am personally acquainted, who being by me severally swom, said that
they, the said William F. Spliedt , and L. L. Hupfer
were respectively the Vice President and Assistant Secretary of the said FIDELITY AND GUARANTY INSURANCE
UNDERWRITERS, INC., the corporation described in and which executed the foregoing Power of Attorney; that they each
knew the seal of said corporation; that the seal affixed to said Power of Attorney was such corporate seal-, that it was so
affixed by authority of the by-laws of said corporation; and that they signed their names hereto by like authority as Vice
President and Assistant Secretary, respectively, of the Corporation.
My Commission expires the first day of July, 19 90
(SEAL)
(Signed) Margaret M. Hurst
NOTARY PUBLIC
FS 81 (9.94)
copy or By -Law
"Article VI, Section 7 - Execution of Instruments.
The Chairman of the Board, the President, any Executive Vice President, any
Vice President, including the Financial Vice President, or any Assistant Vice
President, in conjunction with the Secretary or an Assistant Secretary, shall have
power on behalf of the Company:
(a) to execute, acknowledge, verify and deliver all contracts, obligations, in-
struments and documents whatsoever in connection with its business, including,
without limiting the foregoing, any and all bonds, guarantees, undertakings,
recognizances, stipulations, policies of insurance, deeds, leases, mortgages, re-
leases, satisfactions and agency agreements;
(b) to appoint one or more persons for any or all of the purposes mentioned in
the preceding paragraph (a), including affixing the seal of the Company."
I, Michael P. Hammond , an Assistant Secretary of
FIDELITY AND GUARANTY INSURANCE UNDERWRITERS, INC., do hereby certify that the foregoing is a full, true and
correct copy of the original power of attorney given by said Company to Evelyn Warwick, Tim Sampson,
Linda Attaway and Alan Henry
of Lubbock, Texas , authorizing and empowering them
to sign bonds as therein set forth, which power of attorney has never been revoked and is still in full force and effect.
And I do further certify that said Power of Attorney was given in pursuance of a by-law of said Company, and that the
foregoing is a true and correct copy of said by-law.
In Testimony Whereof, I have hereunto set hand and the seal of FIDELITY AND GUARANTY INSURANCE UN-
DERWRITERS, INC. this �a day of 19
A
..........
%G/.................
Assistant Secretary.
k
These
footnotes refer
to the numbers
in the body of Contract
above:
Date
of Bond must not
be prior to date of
Contract.
(1)
Correct name of
Contractor
(3)
Correct name of Surety
(2)
A Corporation, a
Part-
(4)
Correct name of Owner _
nership or an Individual,
(5)
County and State
as the case may
be
(6)
Owner
(THIS PAGE LEFT BLANK INTENTIONALLY)
PERFORMANCE BOND
(THIS PAGE LEFT BLANK INTENTIONALLY)
1.
BOND CHECK
BEST RATING_ PERFORMANCEIii: BOND
LICENSED IN TEXAS (Applicable on all contracts',', in excess of $25,000)
DATE RQ BY (To be used in Texas underll V.A.C.S. Arta 5160)
rTHE STATE OF
COUNTY OF
KN W ALL MEN BY T ESE PRESENTS: That we (1) Gy�«✓9l'
(2)
r of , hereinafteralled Principal, and
(3) of
S to of , herAtinafter
called the Surety, are held firaf1v 0oun nto 4
hereinafter..ca led QQIwner, in the penal sum611
of
9'%($ 64 ) D llar n lawfu money
r of the Uni a States,'°to be paid in:,: 5) a
for the payment of which s we 1 and
truly to be made, we bind ourselves, our heirs, executors,
administrators and successors, jointly and severally, firmly by
these presents.
THE CONDITION OF THIS OBLIGATION is such that
Principal entered into a certain Contract with (6)
dated the 1,R tk day of ,+ldc> , .19
wihich is hereto attached and fhade a a part hereof,
construction of:
a
4hereas the''
_�- a copy, of>
rot the
V
(herein called the "work").
These
footnotes refer
to the numbers
in the body of. ntract
above:
_` f.
Date
of Bond must not
be prior to date of
Contract_
(1)
Correct name of
Contractor
(3)
Correct name 15J Sur`e,ty
(2)
A Corporation, a
Part-
(4)
Correct ng 1;af,{3wA-,er
nership or an Individual,
.(5)
County and S'tet.e
as the case may
be
(6)
Owner
NOW THEREFORE, if the Principa',X
shall well,
truly and
faithfully perform the work in accordance
with the plans,
rr
specifications and Contract Documents
during the
original term
thereof, and any extensions thereof which
may be
granted by the
Owner, with or without notice to the
Surety, and
if the Principal
shall satisfy all claims and demands
incurred under such Con-
r
tract, and shall fully indemnify and save harmless the Owner from
all costs and damages which it may suffer by reason of failure to
do so, and shall reimburse and repay the Owner all outlay and
expense which the Owner may incur in making good any default,
then this obligation shall be void; otherwise, it shall remain in
full force and effect. _
PROVIDED FURTHER, that if aeg J action be filed upon
�
this bond, venue shall lie in
n , Texas,
and that the said Surety, for value received, hereby stipulates
and ,agrees that no change, extension of time, alteration or
addition to the terms of the Contract or to the work to be
performed thereunder or the specifications accompanying the same
shall in any wise affect its obligation on this bond, and it does
hereby waive notice of any such change, extension of time,
alteration or addition to the terms of the Contract or to the
work or to the specifications..
IN WITNESS WHEREOF, this instrument is executed in six
counterparts, each one of which hall be deemed and original,
this the _1,2.V_ day of , 19?.
Princi al
ATTEST: .
rin palSecretary at t 79
Address
(SEAL)
I-LZL-&�
Witness as to Principal
tZ'k /,,- /� f
Address
uret
ATTEST_:
BY:
-T—SuretY5 Secretary /T A4L
Address
(SEAL) 7,? 110
Witneis as to Surety
,Add1-16 Q s sg�1_ , /L (I rl %�i 79"
NOTE: If Contractor is Partnership, all partners should execute
bond.
copy of By -Law
"Article VI, Section 7 - Execution of Instruments.
The Chairman of the Board, the President, any Executive Vice President, any
Vice President, including the Financial Vice President, or any Assistant Vice
President, in conjunction with the Secretary or an Assistant Secretary, shall have
power on behalf of the Company:
(a) to execute, acknowledge, verify and deliver all contracts, obligations, in-
struments and documents whatsoever in connection with its business, including,
without limiting the foregoing, any and all bonds, guarantees, undertakings,
recognizances, stipulations, policies of insurance, deeds, leases, mortgages, re-
leases, satisfactions and agency agreements;
(b) to appoint one or more persons for any or all of the purposes mentioned in
the preceding paragraph (a), including affixing the seal of the Company."
1, Michael P. Hammond , an Assistant Secretary of
FIDELITY AND GUARANTY INSURANCE UNDERWRITERS, INC., do hereby certify that the foregoing is a full, true and
correct copy of the original power of attorney given by said Company to Evelyn Warwick, Tim Sampson,
Linda Attaway and Alan Henry
of Lubbock, Texas , authorizing and empowering them
to sign bonds as therein set forth, which power of attorney has never been revoked and is still in full force and effect.
And I do further certify that said Power of Attorney was given in pursuance of a by-law of said Company, and that the
foregoing is a true and correct copy of said by-law.
In Testimony Whereof, I have hereunto set my band and the seal of FIDELITY AND UARANTY INSURANCE UN-
DERWRITERS, INC. this �a, day of 19 /
P t�
......... .. ... . .................
f� Assistant Seereta
ry.
CERTIFIED COPY
GENERAL POWER OF ATTORNEY
NO. FG 146
KNOW ALL MEN BY THESE PRESENTS:
That FIDELITY AND GUARANTY INSURANCE UNDERWRITERS, INC., a corporation organized and existing
under the laws of the State of Ohio, and having its principal office at 100 Light Street, Baltimore, Maryland 21203, does
hereby constitute and appoint Evelyn Warwick, Tim Sampson, Linda Attaway and Alan Henry
of the City of Lubbock , State of Texas
its true and lawful Attorney -in -Fact, with power and authority to sign its name as surety to; and to execute, seal, acknowledge
and deliver any and all bonds, undertakings, recognizances or other written obligations in the nature thereof; and the said
FIDELITY AND GUARANTY INSURANCE UNDERWRITERS, INC. hereby ratifies and confirms all of the acts of said
Attorney -in -fact, pursuant to these premises.
This appointment is made under and by authority of a by-law of the said FIDELITY AND GUARANTY INSURANCE
UNDERWRITERS, INC., a certified copy of which is hereto annexed and made a part of this Power of Attorney.
IN WITNESS WHEREOF, the said FIDELITY AND GUARANTY INSURANCE UNDERWRITERS, INC. has
caused this instrument to be sealed with its corporate seal, duly attested by the signatures of its Vice -President and Assistant
Secretary, this 8th day of December . 1989
FIDELITY AND GUARANTY INSURANCE
UNDERWRITERS, INC.
(Signed) aV ....... Wi.11iam...F. .Spliedt. . ............................................
Vire•President.
(SEAL) (Signed) .... L...L.•.. Hupfer................. .
Assistant Serrewn.
STATE OF MARYLAND ) .
BALTIMORE CITY ) ss.
On this 8th day of December 19 89 , before me personally came
William F. Spliedt , Vice President of FIDELITY AND GUARANTY
INSURANCE UNDERWRITERS, INC. and L. L. Hupfer , Assistant
Secretary of said Corporation, with both of whom 1 am personally acquainted, who being by me severally sworn, said that
they, the said William F. Spliedt , and L. L. Hupfer
were respectively the Vice President and Assistant Secretary of the said FIDELITY AND GUARANTY INSURANCE
UNDERWRITERS, INC., the corporation described in and which executed the foregoing Power of Attorney; that they each
knew the seal of said corporation; that the seal affixed to said Power of Attorney was such corporate seal; that it was so
affixed by authority of the by-laws of said corporation; and that they signed their names hereto by like authority as Vice
President and Assistant Secretary, respectively, of the Corporation.
My Commission expires the first day of July, 19 90
(SEAL) (Signed)
Margaret M. Hurst
NOTARY PUBLIC
FS 81 (944)
r
r
CERTIFICATE OF INSURANCE
(THIS PAGE LEFT BLANK INTENTIONALLY)
_ ISSUE DATE (MMIDD/YY)
A/:I►�:�r. CERTIFICATE OF INSURANCE
9 26 9]
PRODUCER
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND
CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE
Alan Henry Insurance
DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE
P. 0. Box 2399
POLICIES BELOW.
Lubbock,Texas 79408=2399
COMPANIES AFFORDING COVERAGE
COMPANY A
LETTER Aetna Casualty & Surety Company
_-......_..... ._.
INSURED
COMPANY B
LETTER Colonial Cas . Ins. CO.
Williams & Peters COnst. CO., Inc.
COeRYC
P. 0. Box 5215
_ _._..........._ ..... _ ...... ...... _..:..
Lubbock, TExas 79417
COMPANY
D
LETTER
COMPANY E
LETTER
COVERAGES
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED
BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
CO ' TYPE OF INSURANCE POLICY NUMBER
TR
POLICY EFFECTIVE POLICY EXPIRATION LIMITS
DATE (MM/DDNY) DATE (MMIDDIYY)
GENERAL LIABILITY
GENERAL AGGREGATE $ 2,000,000
A X COMMERCIAL GENERAL LIABILITY
PRODUCTS-COMP/OP AGG. S 2,000,000
CLAIMS MADE x OCCUR. 060TCP5505597
6-6-91 6-6-92 PERSONAL h ADV. INJURY S 1,000,000
OWNER'S & CONTRACTOR'S PROT.
EACH OCCURRENCE S 1,000,000
FIRE DAMAGE (Any one fire) $ 50,000
MED. EXPENSE (Any one per) $ 5,000
AUTOMOBILE LIABILITY
_. _
COMBINED SINGLE
$ 1, 000,000
A X ANY AUTO ,
LIMIT
ALL OWNED AUTOS
BODILY INJURY
$
SCHEDULED AUTOS
(Per person)
X HIRED AUTOS
BODILY INJURY
S
X NON -OWNED AUTOS 060FJ5505598
6-6-91 6-6-92 (Per accident)
GARAGE LIABILITY
--
PROPERTY DAMAGE S
EXCESS LIABILITY
EACH OCCURRENCE S 2,000,000
UMBRELLA FORM
A060XS5505599
6-6-91 6-6-92 AGGREGATE S 2,000,0010
OTHER THAN UMBRELLA FORM
B WORKER'S COMPENSATION WC910117
9-1-91 9-1-92 STATUTORY LIMITS
EACH ACCIDENT $ 500,000
AND
DISEASE —POLICY LIMIT S 500,000
EMPLOYERS' LIABILITY
DISEASE —EACH EMPLOYEE $ 500,000
OTHER
DESCRIPTION OF OPERATIONSILOCATIONSIVEHICLESISPECIAL ITEMS
EN -Carlisle Paving
CERTIFICATE HOLDER
CANCELLATION
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE
City of Lubbock
EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO
P. 0. BOX 2000
MAIL _lIl DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE
Lubbock,Texas 79457
LEFT, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR
LIABILITY OF ANY KIND UPON THE COMPANY, ITS AGENTS OR REPRESENTATIVES.
AU�PRESE�IVE
ACORD 25-S (7190)
CACORD CORPORATION 1990
No Text
N
HUD CERTIFICATIONS
SECTION 3/STATEMENT OF WORK FORCE NEEDS
(IN EXCESS OF $lOtOOO)
(THIS PAGE LEFT BLANK INTENTIONALLY)
r
Supplement to the
General Conditions of the
Contract for Construction
Article 1 — Labor Standards
Applicability
The Project or Program to which the construction work covered
by this contract pertains is being assisted by the United States
of America and the following Federal Labor Standards Provisions
are included in this Contract or related instrument pursuant to
the provisions applicable to such Federal assistance.
A: 1. (1) Minimum Wages. All laborers and mechanics employed
or working upon the site of the work (or under the United States
Housing Act of 1937 or under the Housing Act of 1949 in the
construction or development of the project), will be paid uncon-
ditionally and not less often than once a week, and without
subsequent deduction or rebate on any account (except such
payroll deductions as are permitted by regulations issued by the
Secretary of Labor under the Copeland Act (29 CFR Part 3), the
full amount of wages and bona fide fringe benefits (or cash
equivalents thereof) due at time of payment computed at rates
not less than those contained In the wage determination of the.
Secretary of Labor which Is attached hereto and made a part
hereof, regardless of any contractual relationship which may be
alleged to exist between the contractor and such laborers and
mechanics. Contributions made or costs reasonably anticipated
for bona fide fringe benefits under Section 1(b)(2) of the Davis -
Bacon Act on behalf of laborers or mechanics are considered
wages paid to such laborers or mechanics, subject to the provi-
sions of 29 CFR 5.5(a)(1)(iv); also, regular contributions made or
costs incurred for more than a weekly period (but not less often
than quarterly) under plans, funds, or programs, which cover the
particular weekly period, are deemed to be constructively made
or incurred during such weekly period.
Such laborers and mechanics shall be paid the appropriate
wage rate and fringe benefits on the wage determination for the
classification of work actually performed, without regard to skill,
except as provided in 29 CFR Part 5.5(a)(4). Laborers or
mechanics performing work in more than one classification may
be compensated at the rate specified for each classification for
the time actually worked therein: Provided, That the employer's
payroll records accurately set forth the time spent In each
classification in which work is performed. The wage determina.
tion (including any additional classification and wage rates con•
formed under 29 CFR Part 5.5(a)(1)(ii) and the Davis -Bacon poster
(WH-1321) shall be posted at all times by the contractor and its
subcontractors at the site of the work in a prominent and ac.
cessible place where it can be easily seen by the workers.
(Ilia) Any class of laborers or mechanics which is not
listed in the wage determination and which is to be employed
under the contract shall be classified In conformance with the
wage determination. HUD shall approve an additional classifica-
tion and wage rate and fringe benefits therefore only when the
following criteria have been met:
(1) The work to be performed by the classification
requested Is not performed by a classification in the wage deter-
mination; and
(2) The classification is utilized In the area by the
construction industry; and
(3) The proposed wage rate, including any bona fide
fringe benefits, bears a reasonable relationship to the wage rates
contained In the wage determination.
(b) If the contractor and the laborers and mechanics to
be employed In the classification (if known), or their represen-
tatives, and HUD or Its designee agree on the classification and
wage rate (including the amount designated for fringe benefits
where appropriate), a report of the action taken shall be sent by
HUD or its designee to the Administrator of the Wage and Hour
Division, Employment Standards Administration, U.S. Department
of Labor, Washington, D.C. 20210. The Administrator, or an
authorized representative, will approve, modify, or disapprove
every additional classification action within 30 days of receipt
U.S. Department of Housing t
and Urban Development Q
Public and
Indian Housing
and so advise HUD or its designee or will notify HUD or its
designee within the 30-day period that additional time is
necesssary. (Approved by the Office of Management and Budget
under OMB Control Number 1215-0140.)
(c) In the event the contractor, the laborers or mechanics
to be employed in the classification or their representatives, and
HUD or its designee do not agree on the proposed classification
and wage rate (including the amount designated for fringe benefits,
where appropriate), HUD or its designee shall refer the questions,
Including the views of all interested parties and the recommenda-
tion of HUD or its designee, to the Administrator for determination.
The Administrator, or an authorized representative, will issue a
determination within 30 days of receipt and so advise HUD or its
designee or will notify HUD or Its designee within the 30-day period
that additional time is necessary. (Approved by the Office of
Management and Budget under OMB Control Number 1215-0140.)
(d) The wage rate (including fringe benefits where ap-
propriate) determined pursuant to subparagraphs A.1.(ii)(b) or (c) of
this paragraph, shall be paid to all workers performing work in the
classification under this contract from the first day on which work
Is performed In the classification.
(111) Whenever the minimum wage rate prescribed in the con.
tract for a class of laborers or mechanics includes a fringe benefit
which is not expressed as an hourly rate, the contractor shall either
pay the benefit as stated in the wage determination or shall pay
another bona fide fringe benefit or an hourly cash equivalent
thereof.
(Iv) if the contractor does not make payments to a trustee or
other third person, the contractor may consider as part of the
wages of any laborer or mechanic the amount of any costs
reasonably anticipated In providing bona fide fringe benefits under
a plan or program, Provided. that the Secretary of Labor has found,
upon the written request of the contractor, that the applicable stan-
dards of the Davis -Bacon Act have been met. The Secretary of
Labor may require the contractor to set aside in a separate account
assets for the meeting of obligations under the plan or program.
(Approved by the Office of Management and Budget under OMB
Control Number 1215-0140.)
2. Withholding. HUD or its designee shall upon its own action
or upon written request of an authorized representative of the
Department of Labor withhold or cause to be withheld from the
contractor under this contract or any other Federal contract with
the same prime contractor, or any other Federally -assisted contract
subject to Davis -Bacon prevailing wage requirements, which is held
by the same prime contractor so much of the accrued payments or
advances as may be considered necessary to pay laborers and
mechanics, including apprentices, trainees and helpers, employed
by the contractor or any subcontractor the full amount of wages re-
quired by the contract. In the event of failure to pay any laborer or
mechanic, inlcuding any apprentice, trainee or helper, employed or
working on the site of the work (or under the United States Housing
Act of 1937 or under the Housing Act of 1949 In the construction or
development of the project), all or part of the wages required by the
contract, HUD or Its designee may, after written notice to the con-
tractor, sponsor, applicant, or owner, take such action as may be
necessary to cause the suspension of any further payment, ad•
vance, or guarantee of funds until such violations have ceased.
HUD or its designee may, after written notice to the contractor,
disburse such amounts withheld for and on account of the contrac-
tor or subcontractor to the respective employees to whom they are
due. The Comptroller General shall make such disbursements In the
case of direct Davis -Bacon Act contracts.
3. (1) Payrolls and basic records. Payrolls and basic records
relating thereto shall be maintained by the contractor during the
course of the work and preserved for a period of three years
thereafter for all laborers and mechanics working at the site of the
work (or under the United States Housing Act of 1937. or under the
P"
, .
HUD-52554 I1-87)
N9 7,1171 i 7'17' "V
3.
' - •• .,,...r..�..r.•�,. ...+••,� .. yf �n:�:r,r+ter•,•.. •••• •,.,.
qualified applicants will receive consideration for employment
..�. �. �,...-_.. ... •._ ... '� �•.•_ r_•
struction work: Provided, that If the applicant so participating Is a
without regard to race. color, religion, sex, or national origin.
'State or Iota! government, tho above equal opportunity clause Is
C. The Contractor will send to each labor union or represen• 'it not applicable to any agency. Instrumentality or subdivision of such
tative of workers with which It has a collective bargaining agree-
government which does not participate in work on or under the �,•.
ment or other contract or understanding a notice to be provided
Contract. - . •:. r'ai :_••�: •;,;-ss,r ��•r,u.t
advising the said labor union or workers representatives of the
+ L The applicant agrees that it will assist and cooperate actively
Contractor's commitments hereunder, and shall post copies of
with the administering agency and the Secretary of tabor in obtain•
the notice in conspicuous places available to employees and ap•-
Ing the compliance of contractors and subcontractors with the
plicants for employment. s.
equal opportunity clause and the rules, regulations, and relevant
D. The Contractor will comply with all provisions of Executive
" orders of the Secretary of Labor, that It will furnish the administer-`
Order 11246 of September 24, 1965 and of the rules, regulations,
ing agency and the Secretary of Labor such information as they
and relevant orders of the Secretary of Labor.
may require for the supervision of such compliance, and that it will
otherwise assist the administering agency in the discharge of the '.�Z
E. The Contractor will furnish all information and reports re, ,
,: agency's primary responsibility for securing compliance. • -'• '°"j
+` quired by Executive Order 11246 of September 24, 1965. and by
'
rules, regulations, and orders of the Secretary of Labor, or pur•
J. The applicant further agrees that it will refrain from entering in•
suant thereto, and will permit access to Its books, records. and
to any contract or contract modification subject to Executive Order .
accounts by the Secretary of Labor for purposes of investigation
11246 of September 24. 1965. with a contractor debarred from, or
to ascertain compliance with such rules, regulations, and orders.
who has not demonstrated eligibility for. Government contracts and
federally assisted construction contracts pursuant to the Executive
F. In the event of the Contractor's noncompliance with the
order and will carry out such sanctions and penalties for violation.: ,
nondiscrimination clauses this contract or with any of the :,:
of the equal opportunity clause as may be Imposed upon contrac- i--:
said rules. regulations, or orders, this contract may be canceled,
tors and subcontractors by the administering agency or the
.,terminated, or suspended in whole or in part and the Contractor..:.,
Secretary of Labor pursuant to Part 11, Subpart D of the Executive •y
may be declared ineligible for further. government contracts or
:.` order.'In addition, the applicant agrees that if it fails or refuses to
federally assisted construction contracts in accordance with pro-
comply with these undertakings, the administering agency may take
' eedures authorized in Executive Order 11246 of September 24.
any or all of the following actions: Cancel, terminate, or suspend in
1965, and such other sanctions may be Imposed and remedies
• r whole or In part this grant (contract, loan, Insurance, guarantee);
Invoked as provided in Executive Order 11246 of September 24,
' : refrain from extending any further assistance to the applicant unde1
1965, or by rule, regulations or order of the Secretary of Labor,
the program with respect to which the failure or refund occurred
Or as otherwise provided by law. • •
until satisfactory assurance of future compliance has been received
G. The Contractor will Include the portion of the sentence im•
from such applicant; and refer the case to the Department of . j.
mediately preceding paragraph A and the provisions of
Justice for appropriate legal proceedings. •, ••- s • a . r 7 =�'� -"
paragraphs A through G in every subcontract or purchase order
,,.:.: • �• - „ �; = �= -,% : :. °' ���•f `'at `�'" '��"`'=�
unless exempted by rules, regulations, or orders of the Secretary
_ _
,
of Labor issued pursuant to Section 204 of Executive Order
: '. Article 3 — Equal Opportunity for Businesses and Lower Income Per-
11246 of September 24, 1965, so that such provisions will be .._;;�
sons Located Within the Project Area rf:..= •• • • -i ..: -
binding upon each subcontractor or vendor, The Contractor will
take such action with respect to any subcontract or purchase
; A. The work to be performed under this contract is on a project
order as the Secretary of Housing and Urban Development or the
assisted under a program providing direct Federal financial : �" •`,
Secretary of Labor may direct as a means of enforcing such pm-.,_
assistance from the Department of Housing and Urban Develop- • : —
visions, Including sanctions for noncompliance. Provided,
ment and Is subject to the requirements of Section 3 of the Hous-
however, that in the event the Contractor becomes involved in,
Ing and Urban Development Act of 1968, as amended, 12 U.S.G.
". or is threatened with, litigation with a subcontractor or vendor as
1701u. Section 3 requires that to the greatest extent feasible oppor-
a result of such direction by the Secretary of Housing and Urban
tunities for training and employment be given lower income
Development or the Secretary of Labor, the Contractor may re -
residents of the unit of local government or the metropolitan area
quest the United States to enter into such litigation to protect....-
" (or nonmetropotitan county) as determined by the Secretary of - J
.the interests of the United States. "....:.::•.' .,;,,:�::�,•: ,..... ,
'_ Housing and Urban Development in which the project Is located �
H. The applicant further agrees that it will be bound by the
and contracts for work in connection with the project be awarded to
above equal opportunity clause with respect to its own employ
business concerns which are located in, or owned in substantial'_
ment practices when it participates in federaiy assisted con;;!
^
part by persons residing in the same metropolitan area (or.10
y;•:. ":io -!: •:r • i•T', S":iA;�':��' .urrt••^,%. i••}J.: nonmetropolitan county) as the project. = .)W.
se �!' s'•�
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_.:..:.,._... - ....� ._.-.�..�.....— . Page 4 of 4 Pages ^-- —�--•-
r
i
t,
CONTRACTOR INFORMATION
'^ TO: City of Lubbock DATE: q-12-91
P.O. Box 2000
Lubbock, Texas 79457 PROJECT NUMBER
PROJECT NAME:
1DO-COLTsr_E E V I N-&
t
1. The undersigned, having submitted a bid to the City of.
Lubbock forth the construction of the above identified
project, certifies that:
(a) The legal name and business address (including zip
code) of the undersigned is:V1LL1Ary1S t PE7Mj�!S fDNSTk'U('1�I�J1�CQ
2. The undersigned is:
r(a) A single proprietorship (list sole owner)
(b) A partnership (list all partners)
(c) A corporation (names of all principals and their
r•
titles) ...
President: �DEAA) (,�1lLI�iY�S
r.•
a Vice -President: -0 RPLTno 2r
r Secretary -Treasurer: 11,Lj Aln.S
3.. The Taxpayer Identification Number for the undersigned is
(whichever is applicable):
(a) Employer Identification Number (Federal Identification
Number):
r
`75=13 890", "
(b) Social Security Number:
4. If awarded the bid for the aforementioned project, the _
undersigned agrees to forward to the City of Lubbock within —
ten'days after the execution of any subcontractor(s) a list
of all subcontractors who will be employed on said project.
This list will consist of the subcontractor's legal name and
business address.
WIL.LI Rms � Pdmr-5
_ TContrac or
Date C)-
8 Y :g%1
CONTRACTOR'S NAME
ADDRESS
PRELIMINARY STATEMENT OF WORK FORCE NEEDS
NATURE OF CONTRACT
AMOUNT OF CONTRACT
ANTICIPATED OCCUPATIONAL
CATEGORIES TO BE UTILIZED
ANTICIPATED NUMBER OF
NON -TRAINEE POSITIONS
ANTICIPATED NUMBER OF
TRAINEE POSITIONS
* This form is to be completed by all contractors prior to signing any contract.
(THIS PAGE LEFT BLANK INTENTIONALLY)
CONTRACT
(THIS PAGE LEFT BLANK INTENTIONALLY)
F
F
CONTRACT
THE STATE OF TEXAS
COUNTY,OE�LUBBOCK
THIS AGREEMENT, made and entered into this 12th day of September,
1991, by and between the City of Lubbock, County of Lubbock, State of
Texas, acting by and through B.C.. McMinn, Mayor', and thereunto
authorized to do so, hereinafter referred to as OWNER, and Williams &
Peters Construction Co., Inc. of the City of Lubbock, County of Lubbock,
and State of Texas, hereinafter referred to as CONTRACTOR.
WITNESSETH: That for and in consideration of the payments and
agreements hereinafter mentioned, to be made and performed by the OWNER
and under the conditions expressed in the bond bearing even date
herewith (if any), the CONTRACTOR hereby agrees with the OWNER to
commence and complete the construction of certain improvements described
as follows:
Bid #11478 -.EN-CARLISLE PAVING IN THE AMOUNT OF $63,687.50.
and all--eXtra work in -connection herewith, under the terms as stated in
the Contract Documents and.at his (or their) own proper cost and expense
to furnAsh. all <'materi.als, supplies, machinery, equipment, tools,
superintendence, labor, insurance and other accessories and services
necessary to complete the said construction in, accordance with the
Contract Documents, as defined in the General 'Conditions,. of. the
Agreement.
The CONTRACTOR hereby agrees to commence work within ten (10) days
after the date written notice to do so shall have been given to him and
to substantially complete same within the time specified in the Contract
Documents.
The OWNER agrees to pay the CONTRACTOR in current funds for the
performance of the Contract in accordance with the proposal submitted
therefor, subject to additions and deductions, as provided in the
Contract Documents, and to make payment on account thereof as provided
therein.
7
IN WITNESS WHEREOF, the parties to these presents have executed
this contract in five (5) counterparts, each of which shall be deemed an
original, in the year and day first above mentioned.
CITY OF LUBBOCK, TEXAS
XV-M
ATTEST:
i y Secretary
APPRO D AS TO CON ENT:
APPR VED AS TO FORM.
WILLIAMS & PETERS CONSTRUCTION CO.,
INC.
CONT TOR
BY:
TITLE: VICE �ieE51�EnJT
ATTEST:
S Greta
COMPLETE ADDRESS:
BOX 5215
LUBBOCK TX 79417
GENERAL CONDITIONS OF THE AGREEMENT
(THIS PAGE LEFT BLANK INTENTIONALLY)
r
INDEX TO GENERAL CONDITIONS
r-
1.
Owner
2.
Contractor
3.
Owner's Representative and Architect or Consulting Engineer
PM
4.
Contract Documents
5.
Interpretation of Specifications or Drawings
6.
Subcontractor
7.
Assignment
r,
S.
Written Notice
9.
Work
10.
Substantially Completed
11.
Layout of Work
12.
Keeping of Plans and Specifications Accessible
13.
Right of Entry and Inspection
r^
a
14.
Lines and Grades
15.
Architect's Authority and Duty
16.
Superintendence and Inspections
17.
Contractor's Duty and Superintendence
:.
18.
Contractor's Understanding
r*
19.
Character of Workmen
20.
Construction Plant
r-
21.
Sanitation
22.
Observation and Testing
'.:
23.
Defects and Their Remedies
�^
24.
Changes and Alterations
25.
Extra Work
r
r
26. Discrepancies and Omissions
27. Right of Owner to Modify Methods and Equipment
28. Protection Against Accident to Employees and the -Public
29. Contractor's Insurance: Scope of Insurance and Special
Hazards
30. Protection Against Claims of Subcontractors, Laborers,
Materialmen and Furnishers of Machinery, Equipment and
Supplies
31. Protection Against Royalties or Patent Invention
32. Laws and Ordinances
33. Time for Completion and Liquidated Damages
34. Time and Order of Completion
35. Extension of Time
36. Hindrance and Delays
37. Quantities and Measurements
38. Protection of Adjoining Property -
39. Price for Work
40. Construction Schedule & Periodic Estimates
41. Payments to Contractor
42. Payrolls and Basic Payroll Records of Contractor and _
Subcontractor
43. Minimum Wages —
44. Posting Wage Determination Decisions and Authorized_ Wage
Deductions
45. Employment of Laborers or Mechanics Not Listed in Aforesaid
Wage Determination Decisions
46. Specific Coverage of Certain Types of Work by Employees
47. Underpayments of Wages or Salaries -
48. Anticipated Costs of Fringe Benefits
49. Fringe Benefits not Expressed as Hourly Wage Rates
t
50.
Overtime Compensation Required by Contract Work Hours and
r..
Safety Standards Act (76 Stat. 357-360: Title 40 U.S.C.,
Sections 327-332)
s
51.
Employment of Apprentices/Trainees
r
'k
52.
Employment of Certain Persons Prohibited
r
i
53.
Regulations Pursuant to So -Called "Anti -Kickback Act"
54.
Complaints, Proceedings or Testimony by Employees
55.
Claims and Disputes Pertaining to Wage Rates
56.
Questions Concerning Certain Federal Statutes and Regu-
lations _
57.
Final Completion and Acceptance
58.
Final Payment
59.
Correction of Work Before Final Payment for Work
r„
60.
Correction of Work After Final Payment
61.
Payment Withheld
62.
Delayed Payment
r
63.
Time of Filing Claims
64.
Arbitration
65.
Abandonment by Contractor
r'
66.
Abandonment by Owner
67.
Losses from Natural Causes
i
68.
Independent Contractor
69.
Cleaning Up
r-
70.
Contractor's Right to Terminate
r"
71.
Right of the Owner to Terminate Contract
72.
Breach of Foregoing Federal Labor Standards Provisions
r-
73.
Interest or Member of or Delegate to Congress
74.
Other Prohibited Interests
�„
75. Special Equal Opportunity Provisions
76. Certification ofCompliance with Air and Water Acts
77. Special Conditions Pertaining to Hazards Safety Standards
and Accident Prevention
78. Nondiscrimination against the handicapped (Sec. 504)
7
GENERAL CONDITIONS OF THE AGREEMENT
1 OWNER
Whenever the word "Owner", or the expression "Party of the
First Part", or "First Party", are used in this Contract, they
shall be understood as referring to the City of Lubbock, Texas.
2. CONTRACTOR
Whenever the word "Contractor", or the expression "Party of
the Second Part", or "Second Party", are used, they shall be
understood to mean the person, persons, co -partnership or
corporation, to wit:WILIAMS & PETERS CONSTRUCTION CO. INC. who
has agreed to perform the work embraced in this Contract, or to
his or their legal representative.
3. OWNER'S REPRESENTATIVE AND ARCHITECT OR CONSULTING ENGINEER
a. Whenever the term Owner's Representative is used in
this Contract, it shall be understood as referring to Larry
Hertel, City Engineer, of the City of Lubbock, or to such other
representative, supervisor or inspector as may be authorized by
said Owner to act as Owner's Representative under this Agreement.
Owner's Representative may designate engineerings, supervisors or
inspectors wh will act for Owner under the direction of Owner's
Representative, but such engineers, supervisors or inspectors
shall not directly supervise the Contractor or men acting in
behalf of the Contractor. The Owner's Representative shall have
authority to approve change orders involving a decrease or
increase in cost of Five Thousand ($5,000.00) Dollars or less.
b. Owner has designated Larry Hertel, City Engineer to
perform the duties of Architect or Consulting Engineer on the
project to be constructed pursuant to this Contract. The
Architect or Consulting Engineer will administer this Contract
during construction and until final payment is due or until the
Owner's Representative terminates, modifies or limits the duties
which are the responsibility of the Architect as hereinafter set
forth, in which case the Owner's Representative or his appointed
agent shall perform any duties so terminated, limited or
modified. The word "Architect" when used in this agreement shall
mean either Architect or Consulting Engineer.
4. CONTRACT DOCUMENTS
The Contract's Documents shall consist of the Notice to
Bidders, Information for Bidders, Bid Proposal, Singed Agreement,
Statutory Bonds (if required), General Conditions of the Agree-
ment, Exhibits A and B to the General Conditions, Special
Conditions of the Agreement (if any), Specifications, Drawings,
Insurance Certificate and all other documents made available to
Bidder for his inspection in accordance with the Notice to
Bidders, as well as all Addenda issued prior to the execution of
the Signed Agreement, and all Modifications, such as Change
Orders, written interpretations and written orders for minor
changes in the work which are issued by the Architect as
hereinafter authorized. The intent of the Contract Documents is
to include all items necessary for the proper execution and
completion of the work. The Contract Documents are
complementary, and what is required by any one shall be as
binding as if required by all. Work not covered in the Contract
Documents will not be required unless it is -consistent therewith
and reasonably inferable therefrom as being 'necessary to produce
the intended results.
In the event Special Conditions are contained herein as part
of the Contract Documents and said Special Conditions conflict
with any of the General Conditions contained in this Contract,
then in such event the Special Conditions shall control.
The Contract Documents shall not be construed to create any
contractual relationship of any kind between the Architect and
the Contractor.
5. INTERPRETATION OF SPECIFICATIONS OR DRAWINGS
Whenever in the Specifications or Drawings accompanying this
Agreement the terms of description of various qualities relative
to finish, workmanship or other qualities of similar kind which
cannot, from their nature, be specifically and clearly described
and specified, but are necessarily described in general terms,
the fulfillment of which must depend on individual judgment,
then, in all such cases, any question of the fulfillment of said
Specifications or Drawings shall be decided by the Architect, and
said work shall be done in accordance with his interpretations of
the meaning of the words, terms or clauses defining the character
of the work.
6.
A subcontractor is a person or entity who has a direct
contract with the Contractor to perform any of the work at the
site.
The Contractor may utilize the services of specialty
subcontractors on those parts of the work which, under "normal
contracting practices, are performed by specialty subcontractors.
The Contractor shall not award any work to any subcontractor
without prior written approval of the Owner's Representative,
which approval will not be given until the Contractor submits to
2
1. OWNER
r Whenever the word "Owner", or the expression "Party of the
First Part", or "First Party", are used in this Contract, they
shall be understood as referring to the City of Lubbock, Texas.
2. CONTRACTOR
Whenever the word "Contractor", or the expression "Party of
the Second Part", or "Second Party", are used, they shall be
understood to mean the person, persons, co -partnership or
corporation, to wit:WILLIAMS & PETERS CONSTRUCTION who has agreed
to perform the work embraced in this Contract, or to his or their
l legal representative.
3. OWNER'S REPRESENTATIVE AND ARCHITECT OR CONSULTING ENGINEER
a. Whenever the term Owner's Representative is used in
this Contract, it shall be understood as referring to Larry
Hertel. City Engineer, of the City of Lubbock, or to such other
representative, supervisor or inspector as may be authorized by
said Owner to act as owner's Representative under this Agreement.
r" Owner's Representative may designate engineerings, supervisors or
inspectors wh will act for owner under the direction of Owner's
Representative, but such engineers, supervisors or inspectors
shall not directly supervise the Contractor or men acting in
behalf of the Contractor. The Owner's Representative shall have
authority to approve change orders involving a decrease or
increase in cost of Five Thousand ($5,000.00) Dollars or less.
b. Owner has designated Larry Hertel, City Engineer to
perform the duties of Architect or Consulting Engineer on the
project to be constructed pursuant to this Contract. The
Architect or Consulting Engineer will administer this Contract
during construction and until final payment is due or until the
Owner's Representative terminates, modifies or limits the duties
which are the responsibility of the Architect as hereinafter set
forth, in which case the Owner's Representative or his appointed
agent shall perform any duties so terminated, limited or
modified. The word "Architect" when used in this agreement shall
mean either Architect or Consulting Engineer.
4. CONTRACT DOCUMENTS
The Contract's Documents shall consist of the Notice to
Bidders, Information for Bidders, Bid Proposal, Singed Agreement,
Statutory Bonds (if required), General Conditions of the Agree-
7
ment, Exhibits A and B to the General Conditions, Special
Conditions of the Agreement (if any), Specifications, Drawings,
Insurance Certificate and all other documents made available to
Bidder for his inspection in accordance with the Notice to
Bidders, as well as all Addenda issued prior to the execution of
the Signed Agreement, and all Modifications, such as Change
Orders, written interpretations and written orders for minor
changes in the work which are issued by the Architect as
hereinafter authorized. The intent of the Contract Documents is
to include all items necessary for the proper execution and
completion of the work. The Contract Documents are
complementary, and what is required by any one shall be as
binding as if required by all. Worknotcovered in the Contract
Documents will not be required unless it is consistent therewith
and reasonably inferable therefrom as being necessary to produce
the intended results.
In the event Special Conditions are.contained herein as part
of the Contract Documents and said Special Conditions conflict
with any of the General Conditions contained in this Contract,
then in such event the Special Conditions shall control.
The Contract Documents shall not be construed to create any
contractual relationship of any kind .between the Architect and
the Contractor.
5. INTERPRETATION OF SPECIFICATIONS OR DRAWINGS
Whenever in the Specifications or Drawings accompanying this
Agreement the terms of description of various qualities relative
to finish, workmanship or other qualities of similar kind which
cannot, from their nature, be specifically and clearly described
and specified, but are necessarily described in general terms,
the fulfillment of which must depend on individual judgment,
then, in all such cases, any question of the fulfillment of said
Specifications or Drawings shall be decided by the Architect, and
said work shall be done in accordance with his interpretations of
the meaning of the words, terms or clauses defining the character
of the work.
6. SUBCONTRACTOR
A subcontractor is a person or entity who has a direct
contract, with the Contractor to perform any of the work at the
site.
The Contractor may utilize the services of specialty
subcontractors on those parts of the work which, under normal
contracting practices, are performed by specialty subcontractors.
The Contractor shall not award any work to any subcontractor
without prior written approval of the Owner's Representative,
which approval will not be given until the Contractor submits to
2
r
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 anal 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 the subcontractors and to give the Contractor the
same power to terminate 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 con-
tractual relation between any subcontractor and the Owner or the
Architect, and said subcontractor will look exclusively to the
Contractor for any payments due subcontractor.
(
7. ASSIGNMENT
The Contractor agrees that he will retain personal control.
and will give his personal attention to the fulfillment of this
Contract. The Contractor further agrees that assignment of
any -
portion or feature of the work or materials required in the
�,
performance of this contract shall not relieve him from his
full
#
obligations to the Owner, as provided by this Contractual
Agreement.
S. WRITTEN NOTICE
r.
Written notice shall be deemed to have been duly served
if
delivered in person to•the individual or to a member of the
firm
or to an officer of the corporation for whom it is intended,
or
if delivered at or sent certified mail to the last business
address known to him who gives the notice.
All.directions, instructions or notices required or autho-
rized to be given under these Contract Documents from the Owner,
Owner's Representative or Architect to the Contractor shall be in
writing.
9. WORK
The work comprises the completed construction required by
the Contract Documents and includes all labor necessary to
produce such construction, and all materials and equipment
incorporated or to be incorporated in such construction.
r
i
Unless otherwise stipulated, the Contractor shall provide
and pay for all materials, supplies, machinery, equipment, tools,
superintendence, labor, insurance and all water, light, power,
fuel, transportation and all other facilities necessary for the
execution and completion of the work covered by the Contract
Documents. Unless otherwise specified, all materials shall be
new and both workmanship and materials shall be of a good
quality. The Contractor shall, if required, furnish satisfac-
tory evidence as to the kind and quality of materials. Materials
or work described in words which so applied have well known,
technical or trade meanings shall be held to refer to such
recognized standards.
All work shall be done and all materials furnished in strict
conformity with the Contract Documents or any other information
or instructions conveyed to the Contractor.
10. SUBSTANTIALLY COMPLETED
The term "Substantially.Completed" means that the structure
or project contemplated by the Contract Documents has been made
suitable for use or occupancy, or the facility is in a condition
to serve its intended purpose, but still may require minor
miscellaneous work and adjustment.
11. LAYOUT OF WORK
Except as specifically provided herein, the Contractor shall
be responsible for laying out all work and shall accomplish this
work in a manner acceptable to the Architect. The Architect will
check the Contractor's layout of all major structures and any
other layout work done by the Contractor at the Contractor's
request, but this check does not relieve the Contractor of the
responsibility of correctly locating all work in accordance with
the Plans and Specifications.
12. KEEPING OF PLANS AND SPECIFICATIONS ACCESSIBLE
The Contractor shall.be furnished with (1) nn,- copies of all
Drawings, Profiles and Specifications without expense to him and
he shall keep one copy of same consistently accessible on the job.
site.
'13. RIGHT OF ENTRY AND INSPECTION
• The Architect shall at all times have access to the work
wherever it is in preparation and progress.
The Architect will make periodic visits to the site at
intervals appropriate to the state of construction to observe
the progress and quality of the executed work and to determine,
in general, if the work is proceeding in accordance with the Con-
tract Documents. He will not be required to make exhaustive or
continuous on -site inspections to check the quality or quantity
- 4 -
of the work. Furthermore, the Architect will not have control or
,.. charge of and will not be responsible for the construction means,
methods, techniques, sequences or procedures, or the safety
precautions incident thereto. His efforts will be directed
towards providing assurances for the Owner that the completed
r' project will conform to the requirements of the Contract Docu-
ments, but -he will not be responsible for the Contractor's
failure to perform the work in accordance with the Contract
r Documents. On the basis of his on -site observations, he will
keep the Owner informed of the progress of the work and will
endeavor to protect the Owner against defects and deficiencies in
r. the work of the Contractor.
The authorized representative and agents of the Owner shall
be permitted to inspect all work, material, payrolls, records of
PM personnel, invoices of materials and other relevant data and
records.
r- The Owner reserves the right to perform work related to the
project with his own forces, and to award separate contracts in
connection with other portions of the project or other work on
A the site of the Contract. If the Contractor claims that delay or
additional costs are involved because of such action by the
Owner, he shall make such claim as provided elsewhere in the
Contract Documents.
14. LINES AND GRADES
All lines and grades shall be furnished by the Owner's
Representative whenever necessary for the commencement of the
work contemplated by these Contract Documents or the completion
of the work contemplated by these Contract Documents. Whenever
necessary, the Contractor shall suspend his work in order to
permit the Owner's Representative to comply with this require-
ment, but such suspension will be as brief as practical and the
Contractor shall be allowed no extra compensation therefore. The
Contractor shall give the Owner's Representative ample notice of
the time and place where lines and grades will be needed. All
stakes, marks, etc., shall be carefully preserved by the Con-
tractor, and in case of careless destruction or removal by him,
his subcontractors or their employees, such stakes, marks, etc.,
shall be replaced by the Owner's Representative at the Contrac-
tor's expense.
15. ARCHITECT'S AUTHORITY AND DUTY
Unless otherwise specified, it is mutually agreed between
the parties to this Contract that the Architect shall review all
work included herein.
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5 -
The Architect will review and approve or take other appro-
priate action upon the Contractor's submittals, such as Shop
Drawings, Product'Data and Samples, but only for conformance with
the design concept of'the work and with the information given in
the Contract Documents.
The Architect will have authority to order minor changes in
the work not involving an adjustment in the Contract Sum or an
extension of the Contract Time and not inconsistent with the
intent of the Contract. Documents. Such changes shall be ef-
fected by written order, and shall be binding on the.Owner and
the Contractor. The Contractor shall carry out such written
orders promptly.
The Architect has the authority to stop the work whenever
such stoppage may be necessary to insure the proper execution
of the Contract.' The Architect has the authority to reject work
which does not conform to the Contract Documents.
In order'to prevent delays and disputes and to discourage
litigation, it is further agreed that the Architect shall, in all
cases, determine the amounts and quantities of the several kinds
of work which are to be paid for under this Contract. Based on
the Architect's observations and an evaluation of the Contrac-
tor's Applications for Payment, the Architect will determine the
amounts owing to the Contractor and will issue Certificates for
Payment in accordance with the provisions of this Agreement. He
shall determine all questions in relation to said work and the -
construction thereof, and shall, in all cases, decide every
question which may arise relative to the execution of this
Contract on the part of said Contractor. The Architect's
estimates and findings shall be conditions precedent to ,the right
of the parties hereto to arbitration or to any action on the
Contract, and to any rights of the Contractor to receive any
money under the Contract; provided, however, that should the
Architect render any decision or give any direction which, in the
opinion of the Owner's Representative, is not in accordance with
the meaning and intent of this Contract, the Owner's Represen-
tative shall notify the Architect and the Contractor of his
objection, and the Architect shall direct the Contractor to
modify or remedy such work to meet the requirements of the
Owner's Representative. Should the Contractor object to any
decision or given direction which, in his opinion, is not in
accordance with the meaning and intent of this Contract, the
Contractor may file with'said Owner's Representative, within 30
• days, his written objection to the decision or direction so
rendered, and by such.action mayreserve the right to submit the
question'so raised to arbitration, 'as hereinafter provided. It
is the intent of this Agreement that there shall be no delay in
the execution of the work. Therefore, written decisions or
directions of the Architect as rendered shall be promptly carried
out, and any claim arising therefrom shall be thereafter adjusted
through arbitration, as hereinafter provided.
r"
The Owner's Representative shall, within a reasonable.time,
render and deliver to both the Architect and the Contractor a
�.. written decision on all written objections filed by the Con-
tractor. Should the Owner's Representative fail to make such a
decision within a reasonable time, an appeal to arbitration may
be taken as if his decision had been rendered against the
r- Contractor.
16. SUPERINTENDENCE AND INSPECTIONS
It is agreed by the Contractor that the Owner's Represen-
tative shall be and is hereby authorized to appoint from time to
time such subordinate engineers, supervisors or inspectors as the
said Owner's Representative may deem proper to inspect the
materials furnished and the work performed or being performed
under this Agreement, and to see that said materials are fur-
nished and the work is done in accordance with the specifications
therefor. The Contractor shall furnish all reasonable aid and
assistance required by the subordinate engineers, supervisors or
inspectors for the proper inspection and examination of the work.
17. CONTRACTOR'S DUTY AND SUPERINTENDENCE
The Contractor shall give personal attention to the faithful
prosecution and completion of this Contract and shall keep on the
work, during its progress, a competent superintendent and any
r" necessary assistants, all satisfactory to Owner's Representative.
;. The superintendent shall represent the Contractor in his absence
and all directions given to him shall be binding as if given to
r the Contractor. Adequate supervision by competent and reasonable
representatives of the Contractor is essential to the proper
performance of the work, and lack of such supervision shall be
r, grounds for suspending operations of the Contractor. Thework.,
from its commencement to completion, shall be under the exclusive
charge and control of the Contractor and all risk in connection
therewith shall be borne by the Contractor. The Owner, Owner's
Representatives or Architect will not be responsible for the acts
or omissions of the Contractor or any of his agents or employees
or any other persons performing any of the work.
The Contractor shall be responsible to the Owner for the
acts and omissions of his employees., subcontractors and their
�,. agents and employees and other persons performing any of the work
under a contract with the Contractor.
18. CONTRACTOR'S UNDERSTANDING
It is understood and agreed that the Contractor has, by
careful examination, satisfied himself as to the nature and
�- location of the work, the confirmation of the ground, the
character, quality and quantity of materials to be encountered,
the character of equipment and facilities needed preliminary to
and during the prosecution of the work, and the general and local
conditions, and all other matters which in any way affect the
1.
work under this Contract. No verbal agreement or conversation
with any officer, agent or employee of the Owner, either before
or after the execution of this Contract, shall affect or modify
any of the terms or obligations herein contained.
19. CHARACTER OF WORKERS _
To do the work required by this Contract, the Contractor
agrees to employ only orderly and competent workers, skillful in
the performance in the type of work required by the said Con-
tract, and he further agrees that whenever the Owner's Represen-
tative shall inform him in writing that any worker or workers
doing the work are, in his opinion, incompetent, unfaithful or
disorderly, such worker or workers shall be discharged from the
work and.shall not again be employed to do the work without
written consent of the Owner's Representative.
20. CONSTRUCTION PLANT
The Contractor shall provide all labor, tools, equipment,
machinery and materials necessary for the prosecution and com-
pletion of —this Contract where it is not otherwise specifically
provided that the Owner shall furnish same, and it is also
understood that the Owner shall not be held responsible for the
care, preservation, conservation or protection of any materials,
tools, equipment or machinery or any part of the work until it is
finally completed and accepted.
The building of structures for the housing of workers or
equipment will be permitted only at such places as the Owner's
Representative shall direct, and the sanitary conditions of the
grounds in or about such structures shall at all times be main-
tained in a manner satisfactory to the Owner's Representative.
21. SANITATION
Necessary sanitary conveniences for the use of laborers on
the work site, properly secluded from public observation, shall
be constructed and maintained by the Contractor in such manner
and at such points as shall be approved by a subordinate super-
visor appointed by the Owner's Representative. The Contractor
shall strictly enforce the use of such facilities.
22. OBSERVATION AND TESTING
The Owner's Representative or the Architect shall have the
right at all reasonable times to observe and test the work.
Contractor shall make necessary arrangements and provide proper
facilities and access for such observation and testing at any
location wherever work is in preparation or progress. Contractor
shall ascertain the scope of any observations and tests which may
be contemplated by Owner's Representative or Architect and shall
give ample notice as to the time each part of the work will be
ready for such observations and tests. Owner's Representative or
r
t
Y
Architect may reject any work found to be defective or not in
accordance with the Contract Documents, regardless of the stage
of its completion or the time or place of discovery of such
errors, and regardless of whether either Owner's Representative
or Architect has previously accepted the work through_ oversight
�.
or otherwise. If any work which is required to be inspected,
tested or'approved, is covered up without written approval or
consent of the Owner's Representative or Architect, it must, if
requested by the Owner's Representative or Architect, be un-
covered for observation and testing at the Contractor's expense.
In the event that any part of the work is being fabricated or
manufactured at a location where it is not -convenient for Owner's
Representative or Architect to make observations of such work or
i
!
require testing of said work, then in such event, Owner's Repre-
sentative or Architect may require Contractor to furnish Owner's
ror
Representative or Architect certificates of inspection, testing
approval made by persons competent to perform such tasks at
the location where that part of the work is being manufactured or
fabricated. All such tests will be in accordance with the
methods prescribed by the American Society for Testing and
Materials or such other applicable organization as maybe required
by law or the Contract Documents.
If any work which is required to be inspected, tested or
approved, is covered up without written approval or consent of
the Owner's Reprsentative or Architect, it must, if requested by,
the Owner's Representative or Architect, be uncovered for
observation and testing at the Contractor's expense. The cost of
all such inspections, tests and approvals shall be borne by the
Contractor unless otherwise provided herein. Any work which
fails to meet the requirements of any such tests, inspections or
approval, and any work which meets the requirements of any such
tests or approval but does not meet the requirements of the
Contract Documents shall be considered defective. Such defective
work shall be corrected at the Contractor's expense.
Neither observations by the Owner's Representative or
Architect, nor inspections, tests or approvals made by Owner's
Representative or Architect or other persons authorized under
this Agreement to make such inspections, tests or approvals,
shall relieve the Contractor from his obligation to perform the
work in accordance with the requirements of the Contract Docu-
ments.
23. DEFECTS AND THEIR REMEDIES
It is agreed that if the work or any part thereof or
any material brought on the site of the work for use in the work
or selected for the same, shall be deemed by the Owner's Repre-
sentative or Architect as unsuitable or not in conformity with
plans, specifications and Contract Documents, the Contractor
.shall, after receipt of written notice thereof from the Owner's
Representative or Architect, forthwith remove such material and
rebuild or otherwise remedy such work so that it shall be in full
PM
- 9 -
accordance with this Contract. It is further agreed that any
remedial action contemplated as hereinabove set forth shall be at
the Contractor's expense.
The Contractor shall promptly correct any work rejected by
the Owner's Representative or Architect as defective or as
failing to conform to the Contract Documents, whether observed
before or after substantial completion and whether or not
fabricated, installed or completed, and shall correct any work
found to be defective or nonconforming within a period of one
year from the date of substantial completion of the Contract, or
within such longer period of time as may be prescribed by law or
by the terms of any applicable special warranty required by the
Contract Documents. The provisions of this Section apply to work
done by subcontractors as well as to work done by direct em-
ployees of the Contractor. The Contractor shall bear all costs
of correcting such rejected work, including compensation for the
Architect's additional services made necessary thereby.
If the Contractor fails to correct defective work as
required, or persistently fails to carry out the work in accor-
dance with the Contract Documents, the Owner's Representative, by
a written order signed personally or by an agent specifically so
_empowered by the Owner in writing, may order the Contractor to
stop the work', or any portion thereof, until the cause for such
order has been eliminated; however, this right of the Owner to
stop the work shall not give rise to any duty on the part of the
Owner to exercise this right for the benefit of the Contractor or
any other person or entity.
If the Contractor defaults or neglects to carry out the work
in accordance with the Contract Documents, and fails within seven
days after receipt of written notice from the Owner's Representa-
tive or other agent to commence and continue correction of such
default or neglect with diligence and promptness, the Owner may,
after seven days following receipt by the Contractor of an
additional written notice, and without prejudice to any other
remedy he may have, make good such deficiencies. In such case,
an appropriate Change Order shall be issued deducting from the
payments then or thereafter due the Contractor the cost of
correcting such deficiencies, including compensation for the
Architect's additional services made necessary by such default,
neglect or failure. If the payments then or thereafter due the
Contractor are not sufficient to cover such amount, the Contrac-
tor shall pay the difference to the Owner.
If, within one year after the date of substantial completion
of the work or designated portion thereof, or within one year
after acceptance by the Owner of designated equipment, or within
such longer period of time as may be prescribed by law or by the
terms of any applicable special warranty required by the Contract
Documents, any of the work is found to be defective or not in
accordance with the Contract Documents, the Contractor shall
correct it promptly after receipt of a written notice from the
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Owner to do so unless the Owner has previously given the Con-
tractor a written acceptance of such condition. This obligation
shall survive termination of the Contract. The Owner shall give
such notice promptly after discovery of the defect.
24. CHANGES AND ALTERATIONS --_.
The Contractor further agrees that the Owner may make such
,., changes and alterations as the Owner may see fit, in the line,
grade, form, dimensions, plans or materials for the work herein
contemplated, or any part thereof, either before or after the
beginning of the construction, without affecting the validity of
r this Contract and the accompanying bond.
If such changes or alterations diminish the quantity of the
work to be done, they shall not constitute the basis for a claim
for damages, or anticipated profits on the work that may be
dispensed with. If they increase the amount of work, and the
�., increased work can fairly be classified under the specifications,
such increase shall be paid according to the quantity actually
done and at the unit price established for such work under this
Contract; otherwise, such additional work shall be paid for as
provided under extra work. In case the Owner shall make such
changes or alterations as shall make useless any work already
done or material already furnished or used in said work, then the
7 Owner shall recompense 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.
25. EXTRA WORK
The term"extra work" as used in this Contract shall be
understood to mean and include all work that may be required by
the Owner or Owner's Representative to be done by the Contractor
to accomplish any change, alteration or addition to the work as
shown on the plans and specifications or Contract Documents and
not covered by the Contractor's proposal, except as provided
under changes and alterations herein.
It is agreed that the Contractorshall perform all extra
work under the direction of the Architect when presented with a
written work order signed by the Owner's Representative, subject,
however, to the right of the Contractor to require written
confirmation of such extra work order by the Owner. It is also
agreed that the compensation to be paid to the Contractor for
performing said extra work shall be determined by one or more of
the following methods:
Method (A) - By agreed unit prices; or
Method (B) - By agreed lump sum; or
r'
Method (C) - If neither Method (A) or Method (B) be agreed
upon before the extra work is commenced, then _
the Contractor shall be paid the actual field
cost of the work, plus ,fifteen (15A) percent.
In the event said extra work be performed and,paid for under
Method (C), then the provisions of this paragraph shall apply and
the "actual field cost" is hereby defined to include the cost of
all workmen, such as foremen, timekeepers, mechanics and labor-
ers, and materials, supplies, teams, trucks, rentals on machinery
and equipment, for the time actually employed or used on such
extra work, plus actual transportation charges necessarily
incurred, together with all expenses incurred directly on account
of such extra work, including Social Security, Old Age Benefits,
Maintenance Bonds, Public Liability and Property Damage and
Workmen's Compensation and all other insurances as may be
required by law or ordinances or directed by the Owner's Repre-
sentative or Architect, or by them agreed to. Owner's Represen-
tative may direct the form in which accounts of the, actual field
cost shall be kept and records of these accounts shall be made
available to the Owner's Representative, The Owner's Represen-
tative or Architect may also specify in writing, before the work
commences, the method of.doing the work and the type and kind of
machinery and equipment to be used; otherwise, these matters
shall be determined by the Contractor. Unless otherwise agreed
upon or'specified, the prices for the use of machinery and
equipment shall be determined by using 1.00 . of the latest
Schedule of Equipment and Ownership Expenses adopted by the _
Associated General Contractors of America. Where practical, the
terms and prices for the use of machinery and equipment shall be
incorporated in the written extra work order. The fifteen
percent (150) of the actual field cost to be'paid to the Con-
tractor shall cover and compensate him for his profit, overhead,
general superintendence, and field office expense, and all other
elements of cost and expense not embraced within the.actual field
cost as herein defined, save that where the Contractor's Camp or
Field Office must be maintained primarily on account of such
extra work, then the cost to maintain and operate the same shall
be included in the "actual field cost."
No claim for extra work ;of any kind will be allowed unless
ordered in'writing by the Owner's Representative.. .In case any
orders or instructions appear to the Contractor to involve extra
work for which he should. receive compensation or an adjustment in
the construction time, he shall make a written request to the
Owner's Representative for a written order authorizing such extra
work. Should a difference of opinion arise as to what does or
does not constitute extra work, or as to the payment therefor,
and the Owner's Representative insists upon its performance, the
Contractor shall proceed with the work after making a written
request for a written order and shall keep adequate and accurate
_account of the actual field cost thereof, as provided under
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Method (C). The Contractor will thereby preserve the right to
submit the matter of payment to arbitration, as herein below
provided.
y
26. DISCREPANCIES AND OMISSIONS
It is further agreed that it is the intent of this Contract
that all work described in the proposal, the specifications,
plans and other Contract Documents is to be done for the price
.•
quoted by the Contractor and that such price shall include all
appurtenances necessary to complete the work in accordance with
the intent of these Contract Documents, as interpreted by the
7
Architect. If the Contractor finds any discrepancies or
omissions in these plans, specifications or Contract Documents,
he should notify the Architect and obtain a clarification before
,..
the bids are received, and if no such request is received by the
Architect prior to the opening of bids, then it shall be consi-
dered that the Contractor fully understands the work to be
included and has provided sufficient sums in his proposal to
complete the work in accordance with these plans and specifi-
cations. It is further understood that any request for clari-
fication must be submitted no later than five days prior to the
f
opening of bids.
27. RIGHT OF OWNER TO MODIFY METHODS AND EQUIPMENT
If, at any time, the methods or equipment used by the Con-
tractor are found to be inadequate to secure the quality of work
with the rate of progress required under this Contract, the Owner
or Owner's Representative may order the Contractor in writing to
increase their safety or improve their character and efficiency
and the Contractor shall comply with such order.
If, at any time, the working force of the Contractor is
inadequate for securing the progress herein specified, the
Contractor shall, if so ordered in writing, increase his force
or equipment, or both, t-o such an extent as to give reasonable
assurance of compliance with the schedule of progress.
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28. PROTECTION AGAINST ACCIDENT TO EMPLOYEES AND THE PUBLIC
The,.Contractor shall take out and procure a policy or
r"
policies of Worker's Compensation Insurance with an insurance
company licensed to transact business in the State of Texas,
which policy or policies shall comply with the Worker's Com-
pensation laws of the State of Texas. The Contractor shall at
all times exercise reasonable precaution for the safety of
employees and others on or near the work and shall comply with
all applicable provisions of federal, state and municipal laws
and building and construction codes. All machinery and equipment
_- and other physical hazards shall be guarded in accordance with
the "Manual of Accident Prevention in Construction" of Associated
General Contractors of America, except where incompatible with
federal, state or municipal laws or regulations. The Contractor,
F - 13 -
his sureties and insurance carriers shall defend, indemnify and
save harmless the Owner, all of its officers, the Architect and
their agents and employees from all damages, losses, or expenses
and from all suits, actions or claims of any character whatsoever
brought for or on account of any injuries or damages received or —
sustained by any person or persons or property, on account of any
negligent act or fault of the Contractor or any subcontractor,
their agents or employees, in execution and supervision of said
Contract, and the project which is the subject matter of this
Contract, including the failure of Contractor or any subcontrac-
tor to provide necessary barricades, warning lights or signs, and _
will be required to pay any judgment with costs which may be
obtained against the Owner, its officers, the Architect or any of
their agents or employees, including attorney.'s fees.
In any and all claims against the Owner, any officer of the
Owner, the Architect or any of their agents or employees by any
employee of the Contractor, any subcontractor, anyone directly or
indirectly employed by any of them or anyone for whose act any of
them may be liable, the indemnification obligation under this
Section shall not be limited in any way by any limitation on the
amount or type of damages, compensation or benefits payable by or
for the Contractor or any subcontractor under Worker's Compensa-
tion acts, disability benefit acts or other employee benefit
acts. The obligations of the Contractor under this Section shall
not extend to the liability of the Architect, his agents or
employees, 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 Architect, his agents or
employees, provided such giving or failure to give is the primary
cause of the injury or damage.
The safety precautions taken shall be the sole responsi-
bility of the Contractor, in his sole discretion as an Indepen-
dent Contractor. Inclusion of this section in the Agreement, as
well as any notice which may be given by the Owner, the Owner's
Representative or the Architect concerning omission under this
section as the work progresses, are intended as reminders to
the Contractor of his duty, and shall not be construed as any
assumption of duty to supervise safety precautions taken by
either the Contractor or any of his subcontractors.
29. CONTRACTOR'S INSURANCE: SCOPE OF INSURANCE AND SPECIAL HAZARDS
The Contractor shall not commence work under this Contract
until he has obtained all insurance as required herein. The
Contractor shall provide insurance for the adequate protection
of the Contractor and his subcontractors, respectively, against
damage claims which may arise from operations under this Con-
tract, whether such operations be by the insured or by anyone
directly or indirectly employed by him and, also, against any of
- 14 -
i
f
the special hazards which may be encountered in the performance
of this Contract, as enumerated in the Supplemental General
Conditions.
The Contractor shall procure and carry, at his sole cost and
r- expense throughout the life of this Contract, insurance protec-
tion as hereinafter specified. Such insurance shall be carried
with an insurance company licensed to transact business in the
�. State of Texas and shall cover all operations in connection with
this Contract, whether performed by the Contractor or a subcon-
tractor, or separate policies shall be provided covering the
operation of each subcontractor. All policies shall contain an
PM agreement on the part of the insurer waiving the right to
subrogation.
r- (A) Worker's Compensation and Employer's Liability
Insurance.
As required by State statute covering all employees
t employed on a work whether employed by the Contractor or any
` subcontractor on the job.
(8) Owner's Protective or Contingent Public Liability
Insurance and Property Damage Liability Insurance.
The Contractor shall obtain an Owner's Protective or
Contingent Public Liability Insurance policy naming the City
of Lubbock as an additional insured and the amount of such
policy shall be as follows:
$ 500p000 for bodily injuries, including accidental
death, to any one person, but limited to $ 5009000
per occurrence, and $ 100,000 for property damage.
The Contractor shall obtain a Contractor's Protective
.- (Contingent) Liability Insurance policy and the amount of
said policy shall be as follows:
r In an amount not less than $ 300,000 for bodily
injuries, including accidental death, to any one
person, but not less than $ 500 000 per occurrence
and in the amountofnot less than 3001-000 for
r' property damage.
Said policy shall include:
r-
Premises and Operations
Explosion & Collapse Hazard
�. Underground Damage Hazard
Products & Completed Operations Hazard
Contractual Liability
Independent Contractors Coverage
I" Personal Injury (with exclusion "c" waived)
- 15 -
The City is to be named as an additional insured on
this policy for this specific job, and a copy of the
endorsement doing so is to be attached to the Certificate
of Insurance.
'In addition to the insurance required above, the
Department of Housing and Urban Development requires that
all contracts in excess of $100,000.00 provide Builders Risk
Insurance (Fire and Extended coverage).
Until the project is completed and accepted by the
Owner, said Owner or Contractor (at the Owner's option, as
indicated in the Supplemental General Conditions, Form
HUD-4238-N) is required to maintain Builder's Risk Insurance
(fire and extended coverage) on a 100 percent completed
value basis on the insurable portion of the project for the
benefit of the Owner, the Contractor and Subcontractors, as
their interests may appear. The Contractor shall not
include any costs for Builder's Risk Insurance (fire and
extended coverage) premiums during construction unless the
Contractor is required to provide such insurance; however,
this provision shall not release the Contractor from his
obligation to complete, according to plans and specifica-
tions, the project covered by the Contract, and the Con-
tractor and his Surety shall be obligated to full perfor-
mance of the Contractor's undertaking.
(C) Automobile Insurance
The Contractor shall procure a Comprehensive Automobile
Liability Insurance Policy providing coverage to include all
owned and non -owned cars, including Employer's Non -ownership
Liability and Hired and Non -owned Vehicles as follows:
In an amount not less that $ 250,000 for injuries,
including accidental death, to any one person, but not
less than $ 500,000 per occurrence, and in the
amount of not less than $ 1009000 for property
damage.
(D) Proof of Coverage
Before work on this Contract is commenced, each
Contractor and subcontractor shall submit to the Owner for
approval three (3) certificates of insurance covering each
insurance policy carried and offered as evidence of compli-
ance with the above insurance requirements, signed by an
authorized representative of the insurance company setting
forth:
(1) The name and address of the insured.
(2) The location of the operations to which the insurance
applies.
- 16 -
r
r
(3) The name of the policy and type or types of insurance
in force thereunder on the date borne by such certi-
ficate.
r^ (4) The expiration date of the policy and the limit or
I limits of liability thereunder on the date borne by
such certificate.
(5) A statement that the insurance of the type afforded by
:the policy applies to all of the operations of whatever
character which are undertaken by the insured during
the performance of this Contract, provided such
operations are required in the performance of the
Contract.
k'
(6) A provision that the policy may*becancelled only by
mailing written notice to the named insured at the
f.
address shown in the bid specifications, stating when,
not less than ten (10) days thereafter, cancellation
-of such policy shall be effective.
71
(7) A provision that written notice shall be given to the
Owner ten (10) days prior to any change in or cancel-
lation of the policies shown on the certificate.
r
30. PROTECTION AGAINST CLAIMS OF SUBCONTRACTORS, LABORERS,
MATERIALMEN, AND FURNISHERS OF MACHINERY, EQUIPMENT AND -
r..
i
SUPPLIES
The Contractor agrees that he will indemnify and save the
Owner, its officers, the Architect and their agents and employees
harmless from all claims growing out of any demands of subcon-
tractors, laborers, workmen, mechanics, materialmen and fur-
nishers of machinery and parts thereof, equipment, power tools,
--
all suppliers, including commissary, incurred in the furtherance
of the performance of thi's Contract. When Owner so desires, the
Contractor shall furnish satisfactory evidence that all obliga-
tions of the nature hereinabove designated have been paid,
discharged or waived.
If during the progress of the work, Contractor shall allow
any indebtedness to accrue for work furnished by any of those
designated in the preceding paragraph and shall fail to pay and
discharge any such indebtedness within five (5) days after demand
is made, then Owner may, during the period for which such indebt-
edness shall remain unpaid, withhold from the unpaid portion of
this Contract, a sum equal to the amount of such unpaid indebt-
edness, or may apply the sum so withheld to discharge any such
indebtedness.
j!
E
_
17 _
31. PROTECTION AGAINST ROYALTIES OR PATENT INVENTION
The Contractor shall pay all royalties andlicensefees, and
shall provide for the use of any design, device, material or
process covered by letters patent or copyright by suitable legal
agreement with the Patentee or Owner thereof. The Contractor
shall defend all suits or claims for infringement of any patent
" or copyrights and shall indemnify and save the Owner harmless
from any loss on account thereof, except that Owner shall defend
all such suits and claims and shall be responsible for all such
loss when a particular design, device, material or process or the
product of a particular manufacturer or manufacturers is speci-
fied or required in these Contract Documents by Owner; provided,
however, if choice of alternate design, device, material or
process is allowed to the Contractor, then Contractor shall
indemnify and save Owner harmless from any loss on account
thereof. If the material or process specified or required by
Owner is an infringement, the Contractor shall be responsible for
such loss unless he promptly gives written notice to the Owner of
such infringement.
32. LAWS AND ORDINANCES
The Contractor shall at all times observe and comply with
all federal, state and local laws, ordinances and regulations
which in any manner affect the Contract or the work, and shall
indemnify and save harmless the Owner against any claims arising
from the Violation of any such laws, ordinances and regulations,
whether by the Contractor or his employees. If the Contractor
observes that the plans and specifications are at variance
therewith, he shall promptly notify the Architect and Owner's
Representative in writing, and any necessary changes shall be
adjusted.as.provided in the Contract for changesinthe work. If
the Contractor -performs any work knowing it to be contrary to
such laws, ordinances, rules and regulations, and without such
notice to the Owner's Representative, he shall bear all costs
arising therefrom.
The Owner is a municipal corporation of the State of Texas
and the law from which it derives its powers, insofar as the same
regulates the objects for which, or the manner in which, or the
conditions under which the Owner may enter -into contracts, shall
be controlling and shall be considered as part of this Contract
to the same effect as though embodied herein.
33. TIMEFORCOMPLETION AND LIQUIDATED DAMAGES
It.is hereby understood and mutually agreed, by and between
the Contractor and the Owner, that the date of beginning and the
time for completion of the work as specified in the Contract are
ESSENTIAL CONDITIONS of this Contract; and it is further mutually
understood and agreed that the work embraced in this Contract
shall be commenced on a date to be specified in the "Notice to
Proceed."
- 18 -
The Contractor agrees that said work shall be prosecuted
regularly, diligently and uninterruptedly at such rate of
progress as will insure full completion thereof within the time
specified. It is expressly understood and agreed by and between
the Contractor and the Owner that the time for the completion of
the work described herein is a reasonable time for the comple-
tion of the same, taking into consideration the average climatic
range and usual industrial conditions prevailing in the locality.
If the said Contractor shall neglect, fail or refuse to
complete the work within the time herein specified, or any proper
extension thereof granted by the Owner, then the Contractor does
hereby agree, as a part of the consideration for the awarding of
this Contract, to pay to the Owner the amount specified in the
r" Bid Proposal, not as a penalty, but as liquidated damages for
such breach of Contract as hereinafter set forth, for each and
every calendar day that the Contractor shall be in default after
�- the time stipulated in the Contract for completing the work.
The said amount is fixed and agreed upon by and between the
Contractor and the Owner because of the impracticability and
extreme difficulty of fixing and ascertaining the actual damages
the Owner would in such event sustain, and said amount is agreed
to be the amount of damages which the Owner would sustain, and
said amount shall be permanently retained from time to time by
the Owner from current periodical estimates.
It is further agreed that time is of the essence for each
and every portion of this Contract and of the specifications
wherein a definite and certain length of time is fixed for the
performance of any act whatsoever; and where, under the Contract,
additional time is allowed for the completion of any work, the
new time limit fixed by such extension shall be of the essence of
this Contract. Provided, that the Contractor shall not be
charged with liquidated damages or any excess cost when the Owner
determines that the Contractor is without fault and the Contrac-
tor's reasons for the time extension are acceptable to the Owner.
Provided, further, that the Contractor shall not be charged with
liquidated damages or any excess cost when the delay in comple-
tion of the work is due:
(a) To any preference, priority or allocation order duly
issued by the Government.
(b) To any unforeseeable cause beyond the control and
without the fault or negligence of the Contractor,
including, but not restricted to, acts of God or of
r the public enemy, acts of the Owner, acts of another
Contractor in the performance of a contract with the
Owner, fires, floods, epidemics, quarantine restric-
tions, strikes, freight embargoes or severe weather;
and
r■
- 19 -
To any delays of subcontractors or suppliers occasioned
by any of the causes specified in subsections (a) or
(b) of this section.
Provided further, that the Contractor shall, within ten (10)
days from the beginning of such delay, unless the Owner shall
grant a further period of time prior to the date of final
settlement of the Contract, notify the Owner's Representative, in
writing, of the causes of the delay, who shall ascertain the
facts and extent of the delay and notify the Contractor within a
reasonable time of the Owner's decision in the matter.
34. TIME AND ORDER OF COMPLETION
It is the meaning and intent of this Contract, unless
otherwise herein specifically provided, that the Contractor shall
be allowed to prosecute his work at such time and sessions, in
such order or precedence, and in such manner as shall be most
conducive to economy of construction; provided, however, that the
order and time of prosecution shall be such that the work shall
be substantially completed as a whole and in part, in accordance
with this Contract, the plans and specifications, and within the
time of completion designated in the proposals; provided, also,
that when the Owner is having other work done, either by contract
or by his own force, the Owner's Representative may direct the
time and manner of construction work done under this Contract so
that conflicts will be avoided and the construction of the'
various works being done for the Owner shall be harmonized.
The Contractor shall submit, at such times as may reasonably
be requested by the Owner's Representative or Architect, sche-
dules which shall show the order in which the Contractor pro-
poses to carry on the work, with dates at which the Contractor
will start the several parts of the work, and estimated dates of
completion of the several parts.
35. EXTENSION OF TIME
The Contractor agrees that he has submitted his proposal in
full recognition of the time required for the completion of this
project, taking intoconsiderationthe,average climatic range and
industrial conditions prevailing in this locality, and has
considered the liquidated damage provisions of section 33
hereinabove set forth, and that he shall not be entitled to, nor
will he request, an extension of time on this Contract, except
when his work has been delayed by an act or neglect of the Owner,
Owner's Representative, the Architect, employees of the Owner or
other contractors employed by the Owner, or by changes ordered in
the work, or by strike, walk -outs, acts of God or the public
enemy, fire or flood. The Contractor may apply in writing for an
extension of time, submitting therewith all written justifica-
tions as may be required by the Owner's Representative for such
an extension. The Owner's Representative within ten (10) days
after receipt of a written request for an extension of time by
- 20 -
i,
the Contractor, supported by all requested documentation shall
then submit such written request to the City Council of the City
r' of Lubbock for its consideration. Should the Contractor disagree
with the action of the City Council, such disagreement shall be
settled by arbitration as hereinafter provided.
36. HINDRANCE AND DELAYS
r- In executing this Agreement, the Contractor agrees that in
undertaking to complete the work within the time herein fixed, he
has taken into consideration and made allowances for all hin-
drances and delays incident to such work, whether growing out of
r delays in securing material or workmen or otherwise. No charge
` shall.be.made by the Contractor for hindrance or delays from any
cause during the progress of any part of the work embraced in
r this Contract except where the work is stopped by order of the
Owner or Owner's Representative for the Owner's convenience, in
which event such expense, as in the judgment of the Owner's
Representative is caused by such stoppage, shall be paid by Owner
to Contractor.
37. QUANTITIES AND MEASUREMENTS
No extra or customary measurements of any kind will be .
allowed, but the actual measured or computed length, area, solid
contents, number and weight only shall be considered, unless
otherwise specifically provided.
In the event this Contract is let on a unit price basis,
jam'
then. Owner and Contractor agree that this Contract, including the
specifications, drawings and other Contract Documents are
intended to show clearly all work to be done and material to be
7
furnished hereunder. Where the estimated quantities are shown
for the various classes of work to be done and material to be
furnished under this Contract, they are approximations and are to
be used only as a basis for estimating the probable cost of the
work and for comparing their proposals offered for the work. It
°
is understood and agreed that the actual amount of work to be
done and the materials to be furnished under this Contract may
r"'
differ somewhat from these estimates, and that where the basis
for payment under this Contract is the unit price method, payment
shall be for theactualamount of work done and materials
r
furnished on the project.
38. PROTECTION OF ADJOINING PROPERTY
The Contractor shall take proper means to protect the
adjacent or adjoining property or properties in any way en-
countered and which may be injured or damaged by any
r process of construction to be undertaken under this Agreement,
! and he shall be liable for any and all claims for such injury or
damage on account of his failure to fully protect all adjacent
r- property. The Contractor agrees to indemnify, save and hold
harmless the Owner against any claim or claims for damages due
- 21 _
to any injury to any adjacent or
growing out of the performance of
indemnity shall not apply to any
of the existence or character of
39. PRICE FOR WORK
adjoining property arising or
this Contract, but such
claim of any kind arising out
the work. _
In consideration of furnishing all necessary labor, equip-
ment and material and the completion of all work by the Contrac-
tor, and on the delivery of all materials embraced in this
Contract in full conformity with the -specifications and stipu-
lations herein contained, the Owner agrees to pay the Contractor
the price set forth in the proposal attached hereto, which has
been made a part of this Contract, and the Contractor hereby
agrees to receive such price in full for furnishing all labor,
equipment and material required for the aforesaid work, and for
all expenses incurred by him, and for well and truly performing
the same and the whole thereof in the manner and according to
this Agreement, the attached specifications, drawings, Contract
Documents and requirements of the Architect and the Owner's
Representative.
40. CONSTRUCTION SCHEDULE & PERIODIC EsrIMATES
Immediately after execution and delivery of the Contract,
and before the first partial payment is made, the Contractor
shall deliver to the Owner's Representative and to the Architect an estimated construction progress schedule in a form satisfac-
tory to the Owner's Representative and Architect, showing the
proposed dates of commencement and completion of each of the
various subdivisions of work required under the Contract Docu-
ments and the anticipated amount of each monthly payment that
will become due the Contractor in accordance with the progress
schedule. The Contractor shall also furnish on forms to be
supplied by the Owner (a) a detailed estimate giving a complete
breakdown of the Contract price and (b) periodic itemized .
estimates of work done for the purpose of making partial payments
thereon. The costs employed in making up any of these schedules
will be used only for determining the basis of partialpayments
and will not be considered as fixing a basis for additions to or
deductions from the Contract price.
At least fifteen days before the date for each progress
payment established in Section 41 of these General Conditions,
the Contractor shall.submit to the Architect an itemized Appli-
cation for Payment, notarized if required, supported by such data
substantiating the Contractor's right to payment as the Owner or
the Architect may require, and reflecting retainage, if any, as
provided elsewhere in the Contract Documents.
Unless otherwise provided in the Contract Documents,
payments will be made on account of materials or equipment not
incorporated in the work but delivered and suitably stored at
the site.
P^'
r
7
i
The Contractor warrants that title to all work, materials
and equipment covered by an application for payment will pass"to
the Owner either by incorporation in the construction -or upon
the receipt of payment by the Contractor, whichever occurs first,
free and clear of all liens, claims, security interests or
encumbrances, hereinafter referred to as "liens", and that no
work, materials or equipment covered by an Application for
Payment will have been acquired by the Contractor, or by any
other person performing work at the site or furnishing materials
and equipment for the project,'subject to an agreement under
which an interest therein or an encumbrance thereon is retained
by the seller or otherwise imposed by the Contractor or such
other person.
The Architect will, within seven days after the receipt of
the Contractor's Application for Payment, either issue a Certi-
ficate for Payment to the Owner, with a copy to the Contractor,
for such amount as the Architect determines is properly due, or
notify the Contractor in writing of his reasons for withholding- a
Certificate.
The issuance of a Certificate for Payment will constitute a
representation by the"Architect"to the Owner, based on the
Architect's observations at the site and the data comprising the
Application for Payment, that the work has progressed to the
point indicated; that, to the best of his knowledge, information
and belief, the quality of the work is in accordance with the
Contract Documents (subject to an evaluation of the work for
conformance with the Contract Documents upon Substantial Comple-
tion, to the results of any subsequent tests required by or
performed under the Contract Documents, to minor deviations from
the Contract Documents correctable prior to completion, and to
any specific qualifications stated in his Certificate); and that
the Contractor is entitled to payment in the amount certified.
However, by issuing a Certificate for Payment, the Architect
shall not thereby bedeemed to represent that he has made exhaus-
tive or continuous on -site inspections to check the quality or
quantity of the work, or that he has reviewed the construction
means, methods, techniques, sequences or procedures, or that he
has made any examination to ascertain how or for what purpose
the Contractor has used the moneys previously paid on account of
the Contract Sum.
41. PAYMENTS TO CONTRACTOR
After the Architect has issued a Certificate for Payment,
and not later than the 25th day of each calendar month, the Owner
shall make a progress payment to the Contractor on the basis of a
duly certified and approved estimate of the work performed during
the preceding calendar month under this Contract, but to insure
the proper performance of this Contract, the Owner shall retain
five percent (5A) of the amount of each estimate until final
completion and acceptance of all work covered by this Contract:
- 23 -
Provided, that the Contractor shall submit his estimate not later
than the first day of the month; Provided, further, that the
Owner at any time after fifty percent 50A) of the work has been
completed, if it finds that satisfactory progress is being made,
may make any of the remaining progress payments in full; Pro-
vided, further, that'on completion and acceptance of each
separate building, public work or other division of the Con-
tract, on which the price is stated separately in the Contract,
payment may be made in full, including retained percentages
thereon, less authorized deductions.
In preparing estimates, the material' delivered on the site
and preparatory work done may be taken into consideration.
All material and work covered by partial payments made shall
thereupon become the sole property of the Owner, but this
.provision shall not be construed as relieving the Contractor
from the sole responsibility for the care and 'protection of
materials and work upon which payments have been made, or the
restoration of any damaged work, or as a waiver of the right of
the Owner to require the fulfillment of all the terms of the
Contract.
Owner's Right To Withhold Certain Amounts and Make Applica-
tion Thereof: The Contractor agrees that he will indemnify and
save the Owner harmless from all claims growing out of the lawful -
demands of subcontractors, laborers, workmen, mechanics, mate-
rialmen_and furnishers of machinery and parts thereof, equip- _
ment, power.tools and all supplies, including commissary,
incurred in -the furtherance of the performance of the Contract.
The Contractor shall, at the Owner's request, furnish satisfac-
tory evidence that all obligations of the nature hereinabove
designated have been paid, discharged or waived. If the
Contractor fails so to do, then the Owner may, after having
served written notice on the said Contractor, either directly pay
unpaid bills of which the Owner has written notice, or withhold
from the Contractor's unpaid compensation a sum of money deemed
reasonably sufficient to pay any and all such lawful claims until
satisfactory evidence is furnished that all liabilities have been
fully discharged, whereupon payment to the Contractor shall be
resumed in accordance with the terms of this Contract, but in no
event shall the provisions of this sentence'be construed to
impose any obligations upon the Owner to either the Contractor or
his Surety. In paying any unpaid bills of the Contractor, the
Owner shall be deemed the agent of the Contractor, and any
payment so made by the Owner shall be considered as a payment
made under the Contract by the Owner to the Contractor, and the
Owner shall not be liable to the Contractor for any such payments
made in good faith.
No Certificate for a progress payment, nor any progress
payment, nor any partial or entire use or occupancy of the
project by the Owner, shall constitute an acceptance of any work
not in accordance with the Contract Documents.
24
The Contractor shall promptly pay each subcontractor, upon
receipt of payment from the Owner, out of the amount paid to the
Contractor on account of such subcontractor's work, the amount to
which said subcontractor is entitled, reflecting the percentage
actually retained, if any, from payments to the Contractor on
account of -such subcontractor's work. The Contractor shall, by
an appropriate agreement with each subcontractor, require each
subcontractor to make payments to his sub -subcontractors in
similar manner.
42. PAYROLLS AND BASIC PAYROLL RECORDS OF CONTRACTOR AND
SUBCONTRACTORS
The Contractor and each subcontractor shall prepare their
r'
payrolls on forms satisfactory to and in accordance with in-
structions to be furnished by the Local Public Agency or Public
Body. The Contractor shall submit weekly to the Local Public
Agency or Public Body two certified copies of all payrolls of the
Contractor and of the subcontractors, it being understood that
the Contractor shall be responsible for the submission of copies
of payrolls of all subcontractors. Each such payroll shall
contain the "Weekly Statement of Compliance" set forth in Section
i.
3.3 of Title 29, Code of Federal Regulations. The payrolls and
basic payroll records of the Contractor and each subcontractor
covering all laborers and mechanics employed upon the work
covered by this Contract shall be maintained during the course of
the work and preserved for a period of three (3) years there-
after. Such payrolls and basic payroll records shall contain the
name and address of each such employee, his correct classifica-
tion, rate of pay (including rates of contributions or costs
anticipated of the types described in Section 1(b)(2) of the
Davis -Bacon -Act), daily and weekly number of hours worked,
deductions made and actual wages paid. In addition, whenever the
Secretary of Labor has found under Section 5.5(a)(1)(iv) of Title
29, Code of Federal Regulations, that the wages of any laborer or
mechanic include the amount of any costs reasonably anticipated
in providing benefits under a plan or program described in
�..
Section 1(b)(2)(B) of the Davis -Bacon Act, the Contractor or
subcontractor shall maintain records which show that the
'
commitment to provide such benefits is enforceable, that the plan
-or program is financially responsible and that the plan or
program has been communicated in writing to the laborers or
mechanics affected, and records which show the costs anticipated
or the actual cost incurred in providing such benefits. The
Contractor and each subcontractor shall make their employment
records with respect to persons employed by them upon the work
covered by this Contract available for inspection by authorized
,..
representatives of the Secretary of Housing and Urban Develop-
ment, the Local Public Agency or Public Body and the United
States Department of Labor. Such representatives shall be
permitted to interview employees of the Contractor or of any
~'
s,
subcontractor during working hours on the job.
- 25 _
43. MINIMUM WAGES (See Exhibit B: In excess of $2,000)
All laborers and mechanics employed upon the work covered by
this Contract shall be paid unconditionally and not less often
than once each week, and without subsequent deduction -or rebate
on any account (except such payroll deductions as are made
mandatory by law and such other payroll deductions as are
— permitted by the applicable regulations issued by the Secretary
of Labor, United States Department of Labor, pursuant to the
Anti -Kickback Act hereinafter identified), the full amount due at
time of payment computed at wage rates not less than those
contained in the wage determination decision of said Secretary of
Labor (a copy of which is included in Exhibit B) regardless of
any contractual relationship which may be alleged to exist
between the Contractor or any subcontractor and such laborers and
mechanics. All laborers and mechanics employed upon such work
shall be paid in cash, except that payment may be by check if the
employer provides or secures satisfactory facilities approved by
the Local Public Agency or Public Body for the cashing of the
same without cost or expense to the employee. For the purpose of
this clause, contributions made or costs reasonably anticipated
under Section 1(b)(2) of the Davis -Bacon Act on behalf of
laborers or mechanics are considered wages paid to such laborers
or mechanics, subject to the provisions of Section 5.5(a)(1)(iv)
of Title 299 Code of Federal Regulations. Also for the purpose
of this clause, regular contributions made or costs incurred for
more than a weekly period under plans, funds or programs, but
covering the particular weekly period, are deemed to be con-
structively made or incurred during such weekly period.
44. POSTING WAGE DETERMINATION DECISIONS AND AUTHORIZED WAGE
DEDUCTIONS
The applicable wage poster of the Secretary of Labor, United
States Department of Labor, and the applicable wage determination
decisions of said Secretary of Labor with respect to the various
classification of laborers and mechanics employed and to be
employed upon the work covered by this Contract, and a statement
showing all deductions, if any, in accordance with the provisions
of this Contract, to be made from wages actually earned by
persons so employed or to be employed in such classifications,
shall be posted at.:appropriate-conspicuous points at the site of
the work.
45. EMPLOYMENT OF LABORERS OR MECHANICS NOT LISTED IN AFORESAID
WAGE DETERMINATION DECISIONS
Any class of laborers or mechanics which is not listed in
the wage determination decisions and which is to be employed
under the Contract will be classified or reclassified conform-
ably to the wage determination by the Local Public Agency or
Public Body, and a report of the action taken shall be submitted
by the Local Public Agency or Public Body, through the Secretary
of Housing and Urban Development, to the Secretary of Labor,
26 -
t '•
United States Department of Labor. In the event the interested
parties cannot agree on the proper classification or reclassi-
fication of a particular class of laborers and mechanics to be
used, the question, accompanied by the recommendation of the
Local Public Agency or Public Body, shall be referred, through
the Secretary of Housing and Urban Development, to the Secretary
of Labor for final determination.
46. SPECIFIC COVERAGE OF CERTAIN TYPES OF WORK BY EMPLOYEES
The transportation of materials and supplies to or from the
site of the Project or Program to which this Contract pertains
by the employees of the Contractor or of any subcontractor, and
the manufacturing or furnishing of materials, articles, supplies
or equipment on the site of the Project or Program to which this
Contract pertains by persons employed by the Contractor or by
any subcontractor, shall, for the purposes of this Contract, and
without limiting the generality of the foregoing provisions of
this Contract, be deemed to be work to which these Federal Labor
Standards Provisions are applicable.
47. UNDERPAYMENTS OF WAGES OR SALARIES
In case of underpayment of wages by the Contractor or by any
subcontractor to laborers or mechanics employed by the Contractor
or subcontractor upon the work covered by this Contract, the
Local Public Agency or Public Body, in addition to such other _
rights as may be afforded it under this Contract, shall withhold
from the Contractor, out of any payments due the Contractor, so
much thereof as the Local Public Agency or Public Body may
consider necessary to pay such laborers or mechanics the full
amount of wages required by this Contract. The amount so
withheld may be disbursed by the Local Public Agency or Public
Body, for and on account of the Contractor or the subcontractor
(as may be appropriate), to the respective laborers or mechanics
to whom the same is due, or on their behalf to plans, funds or
programs for any type offringe benefit prescribed in the
applicable determination.
48. ANTICIPATED COSTS OF FRINGE BENEFITS
If the Contractor does not make payments to a trustee or
other third person, he may consider as part of the wages of any
laborer or mechanic the amount of any costs reasonably antici-
pated in providing fringe benefits under a plan or program of a
type expressly listed in the wage determination decisions of the
Secretary of Labor, which are a part of this Contract: Provided,
the Secretary of Labor has found, upon the written request of the
Contractor, that the applicable standards of the Davis -Bacon Act
have been met. The Secretary of Labor may require the Contractor
to set aside, in a separate account, assets for meeting the
obligations under the plan or program. A copy of any findings
rmade by the Secretary of Labor in respect to fringe benefits
r
s
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being provided by the Contractor must be submitted to the Local
Public Agency or Public Body with the'first payroll filed by the
Contractor subsequent to 'receipt of the findings.
..-.-.i.2...—F.RI.NhE..BENEF.ITS..NDT..EXP.RESSFD-.AS.HOURLY WAGE RATES
The Local Public Agency or Public Body shall require,
whenever the minimum rate prescribed in the Contract for a class
of laborers or mechanics includes a fringe benefit which is not
expressed as an hourly wage rate, and the Contractor is obligated
to pay the cash'equivalent of such a fringe benefit, an hourly
cash equivalent thereof to be established. In the event the —
interested parties cannot agree upon a cash equivalent of the
fringe benefit, the question, accompanied by the recommendation
of the Local Public Agency or Public Body, shall be referred,
Through the Secretary of -Housing and Urban Development, to the —
Secretary of Labor for determination. -
50. OVERTIME COMPENSATION REQUIRED BY CONTRACT WORK HOURS AND —
SAFETY STANDARDS ACT 76 STAT. 357-360: TITLE 40 U.S.C.
SECTIONS 327-332
(a) Overtime requirements No Contractor or subcontractor
contracting for any part of the Contract work which may require
or involve the employment of laborers or mechanics, including
watchmen and guards, shall require or permit any laborer or
mechanic in any work week in which they are employed on such work
to work in excess of 40 hours i'n such work week unless such
laborer or mechanic receives compensation at a rate not less than
one and one-half times their,basic rate of pay for all hours
worked in excess of 40 hours in such work week. =
(b) Violation: Liability for unpaid wages and liquidated
damages. In the event of any violation of the clause set forth
in paragraph (a) of this Section, the Contractor and any subcon-
tractor responsible therefor shall be liable to any affected
.employee for his unpaid wages. In addition, such Contractor and
subcontractor shall be liable to the United States for liquidated
damages. Such liquidated damages shall be computed with respect
to each individual laborer or mechanic employed in violation of
the clause set forth in paragraph (a) in the sum of $10 for each
calendar day on which such employee was required.or permitted to
work in excess of the standard work week of 40 hours without
payment of the overtime wages required by the clause set forth in
paragraph (a).
(c) Withholding for liquidated damages. The Local Public
Agency or Public Body shall withhold or cause to be withheld from
any moneys payable on account of work performed by the Contractor
or any subcontractor such sums as may administratively be
- 28 - .
determined to be`necessary to satisfy any liabilities of such
Contractor or subcontractor for liquidated damages as provided in
the clause set forth in paragraph (b) of this Section.
r (d) Subcontracts. The Contractor shall insertI n any
r subcontracts the clauses set forth in paragraphs (a), (b) and
(c) of this Section and also a clause requiring the subcon-
tractors to include these clauses'in any lower tier subcontract
which they may enter into, together with a clause requiring this
insertion in any further subcontracts that may in -turn be made.
51. EMPLOYMENT OF APPRENTICES/TRAINEES
(a) Apprentices will be permitted to work at less than the
predetermined rate for the work they perform when they are
employed and individually registered in a bona fide apprentice-
ship program registered with the U. S. Department of Labor,
Manpower Administration, Bureau of Apprenticeship and Training,
or with a State Apprenticeship Agency recognized by the Bureau,
or if a person is employed in his first 90 days of probationary
employment as an apprentice in such an apprenticeship program who
is not individually registered in the program, but who has been
certified by the Bureau of Apprenticeship and Training or a State
Apprenticeship Agency (where appropriate) to be eligible for
probationary employment as an apprentice. The allowable ratio of
apprentices to journeymen in any craft classification shall not
be greater than the ratio permitted to the Contractor as to his _
entire work force under the registered program. Any employee
r�
listed on a payroll at an apprentice wage rate who is not a
trainee as defined in paragraph (b) of this Section, or is not
registered or otherwise employed as stated above, shall be paid
P
the wage rate determined by the Secretary of Labor for the.
classification of work he actually performs. The Contractor or
subcontractor will be required to furnish to the contracting
officer, or a representative of the Wage -Hour Division of the
U.S. Department of Labor, written evidence of the registration of
his program and apprentices, as well as the appropriate ratios
and wage rates (expressed in percentages of the journeymen hourly
•-
rates), for the area of construction prior to using any appren-
tice on the Contract work. The wage rate paid apprentices shall
be not less than the appropriate percentage of -the journeyman's
rate contained in the applicable wage determination.
(b) Trainees. Except as provided in 29 CFR 5.15, trainees
will not be permitted to work at less than the predetermined rate
'" for the work performed unless they are employed pursuant to and
individually registered in a program which has received prior
approval, evidenced by formal certification, by the U. S.
Department of Labor, Manpower Administration, Bureau of Appren-
ticeship and Training. The ratio of trainees to journeymen shall
not be greater than permitted under the plan approved by the
Bureau of Apprenticeship and Training. Every trainee must be
paid at not less than the rate specified in the approved program
for his level of progress. Any employee listed on the payroll at
;: - 29 -
a trainee rate who is not registered and participating in a
training plan approved by the Bureau of Apprenticeship and
Training shall be paid not less than the wage rate determined by
the Secretary of Labor for the classification of work he actually
performs. The Contractor or subcontractor will be required to
furnish the contracting officer or a representative of the
Wage -Hour Division of the U.S. Department of Labor written
evidence,of the certification of his program, the registration of
the trainees and the ratios and wage rates prescribed in that
program. In the event the Bureau of Apprenticeship and Training
withdraws approval of a training program, the Contractor will no
longer be permitted to utilize trainees at less than the appli-
cable predetermined -rate -for the work performed until an accept-
able program is approved.
(c) Equal Employment Opportunity. The utilization of
apprentices, trainees and journeymen under this part shall be in
conformitywith the equal employment opportunity requirements of
Executive Order 11246, as amended,;and 29 CFR Part 30.
52. EMPLOYMENT OF CERTAIN PERSONS PROHIBITED
No person under the age of sixteen years and no person who,
at the time, is serving sentence in a penal or correctional
institution shall be employed on the work covered by this
Contract.
53. REGULATIONS PURSUANT TO SO-CALLED "ANTI -KICKBACK ACT"
The Contractor shall comply with the applicable regulations
..(See Exhibit Al attached and herein incorpo-
rated by reference) of the Secretary of Labor, United States
Department of Labor, made pursuant to the so-called "Anti -Kick-
back Act" of June 13, 1934 (48 Stat. 948, 62 Stat. 862, 63 Stat.
108, 72 Stat. 967; 62 Stat. 740: Title 18 U.S.C., Section 874
and Title 40'U.S.C., Section 276c) and any amendments or modi-
fications thereof, and shall cause appropriate provisions to be
inserted in subcontracts to insure compliance therewith by all
subcontractors subject thereto, and shall be responsible for the
submission -of affidavits required by subcontractors thereunder,
except as said Secretary of Labor may specifically provide for
reasonable limitations, variations, tolerances and exemptions
from the requirements thereof.
54. COMPLAINTS, PROCEEDINGS OR TESTIMONY BY EMPLOYEES
No laborer or mechanic 'to whom the wage, salary or other
labor standards provisions of this Contract are applicable shall
be discharged or in any other manner discriminated against by the
Contractor or any subcontractor because such employee has filed
any complaint or instituted or caused to be instituted any
proceeding or has testified or,is about to testify in any
proceeding under or relating to the labor standards applicable
to his employer under this Contract.
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55. CLAIMS AND DISPUTES PERTAINING TO WAGE RATES
Claims and disputes pertaining to wage rates or to clas-
sifications of laborers and mechanics employed upon the work
covered by this Contract shall be promptly reported by the
Contractor; in writing, to the Local Public Agency or Public Body
for referral by the -latter through the Secretary of Housing and
Urban Development to the Secretary of Labor, United States
Department of Labor, whose decision shall be final with respect
thereto.
56. QUESTIONS CONCERNING CERTAIN FEDERAL STATUTES AND
All questions arising under this Contract which relate to
the application or interpretation of (a) the aforesaid Anti -
Kickback Act, (b) the Contract Work Hours and Safety Standards
Act, (c) the aforesaid Davis -Bacon Act, (d) the regulations
issued by the Secretary of Labor, United States Department of
Labor, pursuant to said Acts or (e) the labor standards pro-
visions of any other pertinent Federal statute, shall be re-
ferred, through the Local Public Agency or Public Body and the
Secretary of Housing and Urban Development, to the Secretary of
Labor, United States Department of Labor, for said Secretary's
appropriate ruling or interpretation, which shall be authori-
tative and may be relied upon for the purposes of this Contract.
57. FINAL COMPLETION AND ACCEPTANCE
When the Contractor considers that the work, or a designated
portion thereof which is acceptable to the Owner, is substan-
tially complete as defined, the Contractor shall prepare for
submission to the Architect a list of items to be completed or
corrected. The failure to include any items on such list does
not alter the responsibility of the Contractor to complete all
work in accordance with the Contract Documents.
Within thirty-one (31) days after the Contractor has given
the Architect written notice that the work has been completed or
substantially completed, the Architect and the Owner's Represen-
tative shall inspect the work and within said time, if the work
be found to be completed or substantially completed in accordance
with the Contract Documents, the Architect will then prepare a
- Certificate of Substantial Completion, which shall establish the
Date of Substantial Completion, and shall fix the time within
which the Contractor shall complete the items listed therein.
Warranties required by the Contract Documents shall commence on
the Date of Substantial Completion of the Work or designated
portion thereof, unless otherwise provided in the Certificate of
Substantial Completion. The Certificate of Substantial Comple-
tion shall be submitted to the Owner and the Contractor for their
written acceptance of the responsibilities assigned to them in
such Certificate.
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31 -
Upon Substantial Completion -of the Work or designated —
portion thereof, and upon application by the Contractor and
certification by the Architect, the Owner shall within ten
(10) days issue a certificate of acceptance of the work to the Contractor. -�-
58. FINAL PAYMENT _
Upon receipt of written notice that the work is ready for
final inspection and acceptance, and upon receipt of a final
Application for Payment, the Architect will promptly make such
inspection and, when he finds the work acceptable under the
Contract Documents, and the Contract fully performed, he will
prepare a Final Statement of the value of all work performed and —
materials furnished under the terms of the Agreement and promptly
issue a final Certificate for Payment, stating that to the best
of his knowledge, information and belief, and on the basis of his —
observations and inspections, the work has been completed in
accordance with the terms and conditions of the Contract Docu-
ments, and that the entire balance found due the Contractor and
noted in said final Certificate, is due and payable. The
Architect's final Certificate for Payment will constitute a
further representation that the conditions precedent to the
Contractor's being entitled to final payment, as set forth, have been fulfilled.
Upon receipt of the Architect's Certificate of Completion,
the Owner's Representative shall, if such Certificate is satis-
factory, submit same to the Owner, who shall pay to the Contrac-
tor on or before the 31st day after the date of the Certificate
of Completion, the balance due Contractor under the terms of this
Agreement, provided he has 'fully performed his contractual
obligations under the terms of said Agreement; and said payment
shall become due in any event upon said performance by the
Contractor. Neither the certificate of acceptance, nor the final
payment, nor any provisions in the Contract Documents shall
relieve the Contractor of the obligation for fulfillment of any
warranty which may be required in the special conditions (if any)
of this Contract or in the specifications made a part of this
Contract.
59. CORRECTION OF WORK BEFORE FINAL PAYMENT FOR WORK
The Contractor shall promptly remove from the Owner's
premises all materials condemned by the Owner's Representative on
account of failure to conform to the Contract, whether actually
incorporated in the work or not, and the Contractor shall at his
own expense promptly replace such condemned materials with other
materials conforming to the requirements of the Contract. The
Contractor shall also bear the expense of restoring all work of
other contractors damaged by any such removal or replacement. If
the Contractor does not remove and replace any such condemned
- 32 -
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.work within a reasonable time after a written notice by the Owner
or the Owner's Representative, Owner may remove and replace it at.
^"
Contractor's expense.
60. CORRECTION OF WORK AFTER FINAL PAYMENT
r
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 result-
ing therefrom which shall appear within a period of one (1) year
from the date of substantial completion. The Owner or the
r
Owner's Representative shall give notice of observed defects with
i
reasonable promptness.
r
61. PAYMENT WITHHELD
The Architect may decline to certify payment, and may
withhold his Certificate in whole or in part, to the extent
rreasonably
necessary to protect the Owner if, in his opinion, he
is unable to make representations..to the Owner as provided. If
the Architect is unable to make representations to the Owner as
?'
provided, and to certify payment in the amount of the Applica-
tion, he will notify the Contractor. If.the Contract or the
Architect cannot agree on a revised amount, the Architect will
promptly issue a Certificate for Payment for the amount for which•
he is able to make such representations to the Owner. The -
Architect may also decline to certify payment or, because of -
subsequently discovered evidence or subsequent observations, he
r`
may nullify the whole or any part of any Certificate for Payment
previously issued, or the Owner may withhold or nullify the whole
or part of any Certificate of Payment, to such extent as may be
necessary to protect the Owner from loss because of:
1. defective work not remedied,
Z. third party claims filed or reasonable evidence
indicating probable filing of such claims,
3. failure of the Contractor to make payments properly to
subcontractors, or for labor, materials -or equipment,
4. reasonable evidence that the work cannot be completed
for the unpaid balance of the Contract Sum,
^.
5. damage to the Owner or another contractor,
t
6. reasonable evidence that the work will not be completed
within the Contract time,
7. persistent failure to carry out the work in accordance
with the Contract Documents, or
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- 33 - -
B. failure to comply with contractual obligations to meet
all federal requirements concerning labor standards.
When the above grounds are removed, or the Contractor
provides a surety bond satisfactory to the Owner which will —
protect the Owner in the amount withheld, payment shall be made
for amounts withheld because of the above grounds.
62. DELAYED PAYMENT
If within seven days after receipt of.the Contractor's
Application for Payment, the Architect does not issue a Certi-
ficate for Payment or notify the Contractor that he is unable to
"make representations to the Owner, as provided in Section 40
herein, or if the Owner does not pay the Contractor within seven —
days after the date established in the Contract Documents any
amount certified by the Architect or awarded by arbitration, or
any sum due to the"Contractor which is not in dispute, then the —
Owner shall pay the Contractor, in addition to the sums shown as
due by such statement or Certificate, interest thereon at the
rate of zero percent per annum, unless otherwise specified, from
the date due, as provided under partial payments and final
payments heretofore set forth in this Contract, until such sums
are fully paid, which shall fully liquidate any injury to the
Contractor growing out of such delay in payment.
63. TIME OF FILING CLAIMS
It is further agreed by both parties hereto that all
questions of dispute or adjustment presented by the Contractor
shall be in writing and filed with the Owner's Representative
within fifteen (15) days after the Architect has given any
directions, orders or instructions to which the Contractor
desires to take exception. The Owner's Representative shall
reply to such written exceptions by the Contractor and render his
final decision in writing. In case the Contractor should appeal
from the decision of the Owner's Representative, any demand for
arbitration shall be filed with, the Owner's Representative and
the Owner in writing within ten (10) days after the date of
delivery to the Contractor of the final decision of the Owner's
Representative. It is further agreed that final acceptance of the
work by the Owner and the acceptance by the Contractor of the
final payment shall be a bar to any claim by either party, except
where noted otherwise in the Contract Documents.
64. ARBITRATION
All questions of dispute under this Agreement shall be
submitted to arbitration at the request of either party to the
dispute. The parties may agree upon one arbitrator, otherwise,
there shall be three; one named in writing by each party and the
third chosen by the two arbiters selected; or if the arbiters
fail to select a third arbiter within ten (10) days, he shall be
chosen by the District Judge, 72nd District of Texas. Each
- 34 -
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r
arbiter shall be a resident of the City of Lubbock. Should the
PW party demanding arbitration fail to name an arbiter within ten
(10) days of the demand, his right to arbitrate shall lapse, and
the decision of the Owner's Representative shall be final and
binding on him. Should the other party fail to choose an arbiter
within ten (10) days, the Owner's Representative shall appoint
such arbiter. Should either party refuse or neglect to supply
the arbiters with any papers or information demanded in writing,
the arbiters are empowered by both parties to take Ex Parte
Proceedings.
The arbiters shall act with promptness. The decision.of any
two shall be binding on both parties to the Contract, unless
either or both parties shall appeal within ten (10) days from
date of the award by the arbiters, and it is hereby agreed that
each party shall have the right of appeal, and all proceedings
shall be according to and governed by the Arbitration Statutes of
Texas, being Article 224, et seq., Vernon's Annotated Civil
Statutes. THE DECISION OF THE ARBITERS UPON ANY QUESTION
SUBMITTED TO ARBITRATION UNDER THIS CONTRACT SHALL BE A CON-
DITION PRECEDENT TO ANY RIGHT OF LEGAL ACTION.
The arbiters, if they deem the case demands it, are autho-
rized to award the party whose contention is sustained such sums
as they deem proper for the time, expense and trouble incident to,
the appeal, and if the appeal was taken without reasonable cause,
they may award damages for any delay occasioned thereby. The
arbiters shall fix their own compensation, unless otherwise
provided by agreement, and shall assess the costs and charges of
the arbitration upon either or both parties. The award of the
arbiters must be made in writing and shall not be open to
objection on account of the form of proceedings or award.
65. ABANDONMENT BY CONTRACTOR
In case the Contractor should abandon and fail or refuse to
resume work within ten (10) days after written notification from
the Owner's Representative or Architect, or if the Contractor
fails to comply with the orders of the Architect, when such
orders are consistent with this Contract, or the Specifications
hereto attached, then the Surety on the bond shall be notified in
writing and directed to complete the work, and a copy of said
notice shall be delivered to the Contractor.
After receiving said notice of abandonment, the Contractor
shall not remove from the work any machinery, equipment, tools,
materials or supplies then on the job, but the same, together
with any materials and equipment under the Contract for work, may
f^ be held for use on the work by the Owner or the Surety of the
Contractor or another Contractor in completion of the work; and
the Contractor shall not receive any rental or credit therefore
(except when used in connection with Extra Work, where credit
shall be allowed as provided for under Section 25 of this
r-
35 -
Contract); it being understood that the use of such equipment and
materials will ultimately reduce the cost to complete the work and be reflected in the final settlement.
In case the Surety should fail to commence compliance with
the notice for completion hereinbefore provided for, within ten —
(10) days after service of such notice, then the Owner may
provide for completion of the work in either of the following
elective manners
(a) The Owner may employ such force'of men and use of
machinery, equipment, tools, materials and supplies as said -
Owner may deem necessary to complete the work and charge the
expense of such labor, machinery, equipment, tools, mate-
rials and supplies to said Contractor, and the expense so
charged shall be deducted and paid by the Owner out of such
moneys as may be due, or that may thereafter at any time
become due to the Contractor under. and by virtue of this
Agreement. In case such expense is less than the sum which
would have been payable under this Contract-, if the same had
been completed by the Contractor, then said Contractor shall
receive the difference. In case such expense is greater than the sum would have been payable under this Contract, if
the same had been completed by said Contractor, then the
Contractor and/or his Surety shall pay the amount of such
excess to the Owner; or
(b) The Owner, under sealed bids, after notice
published as required by law, at least twice in a newspaper _
having a general circulation in the county where the -work is
located, may let the contract for the completion of the
work under substantially the same terms and conditions which
are provided in this Contract. In case of any increase in
cost to the Owner under the new contract as compared to what
would have been the cost under this Contract, such increase _
shall be charged to the Contractor,_and the Surety shall be
and remain bound therefore. However, should the cost to
complete any such new contract prove to be less than that
which would have been the cost to complete the work under
this Contract, the Contractor or his Surety shall be -
credited therewith.
When the work shall have been substantially completed,
the Contractor and his Surety shall be so notified and
certificates of completion and acceptance, as provided in
Section 57 hereinabove set forth, shall be issued. A
complete itemized statement of the Contract accounts,
certified by the Owner's Representative as being correct,
shall then be prepared and delivered to the Contractor and
his Surety, whereon the Contractor or his Surety or the
Owner, as the case may be, shall pay the balance due, as
reflected by said statement, withinsixtydays after the
date of certificate of completion.
- 36 -
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In the event the statement of accounts shows that the
cost to complete the work is less than that which would have
been the cost to the Owner had the work been completed by
the Contractor under the terms of this Contract, or when the
Contractor and/or his Surety shall pay the balance shown to
be due by them to the Owner, then all machinery, equipment,
tools, materials or supplies left on the site of the work
shall be turned over to the Contractor and/or his Surety.
Should the cost'to complete the work exceed the contract
price, and the Contractor and/or his Surety fail to pay the
amount due the Owner within the time designated hereinabove,
and there remains any machinery, equipment, tools, materials
r'
or supplies on the site of the work, notice thereof,
together with an itemized list of such equipment and
materials shall be mailed to the Contractor and his Surety
�-
at the respective addresses designated in this Contract;
provided, however, that actual written notice given in any
manner will satisfy this condition. After mailing, or other
giving of such notice, such property shall be held at the
risk of the Contractor and his Surety, subject only to the
duty of the Owner to exercise ordinary care to protect such
property. After fifteen (15) days from the date of said
T"
notice, the Owner may sell such machinery, equipment, tools,
materials or supplies and apply the net sum derived from
such sale to the credit of the Contractor and his Surety.
+^
Such sale may be made at either public or private sale, with
or without notice, as the Owner may elect. The Owner shall
release to the proper owners any machinery, equipment, _
tools, materials or supplies which remain on the job site
and belong to persons other than the Contractor of his
Surety.
66. ABANDONMENT BY OWNER
In case the Owner shall fail to comply with the 'terms of
this Contract, and should fail or refuse to comply with said
terms within ten (10) days after written notification by the
Contractor, then the Contractor may suspend or wholly abandon the
work, and may remove therefrom all machinery, tools and equip-
ment, and all materials on the ground that have not been included
in payments to the Contractor and have not been incorporated into
the work. Thereupon; the Architect shall make -on estimate of the
total amount earned by the Contractor, which estimate shall
include the value of all work actually completed by said Con-
tractor at the prices stated in the attached proposal, the value
s-
of all partially completed work at a fair and equitable price,
and the amount of all Extra Work performed at the prices agreed
upon, or provided for by the terms of this Contract, and a
�.,
reasonable sum to cover the cost of any provisions made by the
Contractor to carry the whole work to completion, and which
cannot be utilized. The Architect shall then make a final
statement of the balance due the Contractor by deducting from the
above estimate all previous payments by the Owner and all other
sums that may be retained by the Owner under the terms of this
7 - 37 -
.Agreement, and shall certify same to the Owner's Representative.
If the Owner's Representative finds the statement to be satis-
factory, he shall submit it to the Owner, who shall pay to the
Contractor on or before thirty (30) days after the date of the
notification by the Contractor the balance shown by s-aid final
statement as due the Contractor under the terms of this Agree-
ment.
67. LOSSES FROM NATURAL CAUSES
Unless.otherwise specified herein, all loss or damage to the
Contractor arising out of the nature of the work to be done, or
from the action of the elements, or from any unforeseen circum-
stances and the prosecution of the same, or from unusual obstruc-
tions or difficulties which may be encountered in the prosecution
of the work, shall be sustained and borne by the Contractor at
his own cost and expense.
68. INDEPENDENT CONTRACTOR
Contractor is, and shall remain, an independent contractor,
with full, complete and exclusive power and authority to direct,
supervise and control his own employees and to determine the
method for performance of the work covered by this Contract. The
fact that the Owner's Representative or Architect shall have the
right to observe Contractor's work during its performance and to -
carry out the other prerogatives which are expressly reserved to
and vested in the Owner, Owner's Representative or Architect
hereunder, is not intended to and shall not at any time change or
affect the status of the Ccntractor as an independent contractor
with respect to the Owner, Owner's Representative, Architect or
the Contractor's own employees, or to any other person, firm or ._
corporation.
69. CLEANING UP
The.Contractor shall at all times keep the premises"free
from accumulation of debris caused by the work, and at the
completion of the work he shall remove all such debris and also
his tools, scaffolding and surplus materials, and shall leave the
work broom clean or its equivalent. The work shall be left in
good order and condition. In case of dispute, the Owner may
remove the debris and charge the cost to the Contractor.
70. CONTRACTOR'S RIGHT TO TERMINATE
The Contractor shall have the right to terminate the
Contract at any time when circumstances beyond the Contractor's
control occur, thru no fault of the Contractor, which prohibit
the completion of the Agreement as contemplated by the parties at
the time of execution. Should the Contractor choose to terminate
this Agreement, he shall accrue no rights to full payment
hereunder and shall receive only a pro rats payment for work
actually performed, the amount of such payment to be assessed by
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t
` the Owner. Should the Contractor choose not to terminate, even
though cause exists under this provision, liquidated damages as
set forth herein shall in no way be affected.
71. RIGHT OF THE OWNER TO TERMINATE CONTRACT
In the event that any of the provisions of this Contract are
violated by the Contractor, or by any of his subcontractors, the
r.
Owner may serve written notice upon the Contractor and the Surety
of the Owner's intention to terminate the Contract, such notices
'
to contain the reasons for such intention, and unless within ten
(10) days after the serving of such notice upon the Contractor,
r"
such violation or delay shall cease and satisfactory arrangement
of correction be made, the Contract shall, upon the expiration of
said ten (10) days, cease and terminate. In the event of any
such termination, the Owner shall immediately serve notice
thereof upon the Surety and the Contractor, and the Surety shall
have the right to take over and perform the Contract: Provided,..
r
however, that if the Surety does not commence performance thereof
within then (10) days from the date of the mailing to such Surety
of notice of termination, the Owner may take over the work and
prosecute the same at the expense of the Contractor and the
Contractor and his Surety shall be liable to the Owner for any
excess cost occasioned the Owner thereby, and in such event the
Owner may take possession of and utilize in completing the work
•-�
such materials, appliance and plant as may be on the site of the
work and necessary therefor.
72. BREACH OF FOREGOING FEDERAL LABOR STANDARDS PROVISIONS
In addition to the causes for termination of this Contract
as herein elsewhere set forth, the Local Public Agency or Public
Body reserves the right to terminate this Contract if the
Contractor or any subcontractor whose subcontract covers any of
the work covered by this Contract shall breach any of these
Federal Labor Standards Provisions. A breach of these Federal
Labor Standards Provisions may also be grounds for debarment, as
provided by the applicable regulations issued by the Secretary of
Labor. A breach of Section 45 and the Federal Labor Standards
Provisions may be grounds for termination of the Contract, and
for debarment as provided in 29 CFR 5.6.
73. INTEREST OR MEMBER OF OR DELEGATE TO CONGRESS
No member of or Delegate to Congress or Resident
Commissioner shall be admitted to any share of this Contract or
to any benefit that may arise therefrom, but this provision shall
not be construed to extend to this Contract if made with a
corporation for its general benefit.
74. OTHER PROHIBITED INTERESTS
No official of the Owner who is authorized in such capacity
and on behalf of the Owner to negotiate, make, accept or approve,
r
1 - 39 -
or to take part in negotiating, making, accepting or approving
any architectural, engineering, inspection, construction or
material supply contract or any subcontract in connection with
the construction of the project shall become directly or in-
directly interested personally in this Contract or in any part
hereof. No officer, employee, architect, attorney, engineer or
inspector of or for the Owner who is authorized in such capacity
and on behalf of the Owner to exercise any legislative, execu-
tive, supervisory or other similar functions in connection with
the construction of the project shall become directly or indi-
rectly interested personally in this Contract or in any part
thereof, any material supply contract, subcontract, insurance
contract or any other contract pertaining to the project.
75. SPECIAL EQUAL OPPORTUNITY PROVISIONS
A. Activities and Contracts Not Subject to Executive Order
11246, as Amended.
(Applicable to Federally assisted construction con-
tracts and related subcontracts under $10,000)-
During the performance of this Contract, the Contractor
agrees as follows:
(1) The Contractor shall not discriminate against any
employee or applicant for employment because of race, color,
religion, sex or national origin. The Contractor shall take
affirmative action to ensure that applicants for employment
are employed, and that employees are treated during employ-
ment, without regard to their race, color, religion, sex or
national origin. Such action shall include, but not be
limited to, the following: employment, upgrading, demotion
or transfer; recruitment or recruitment advertising; layoff
or termination; rates of pay or other forms of compensa-
tion; and selection .for training, including apprenticeship.
(2) The Contractor shall post in conspicuous places,
available to employees and applicants for employment,
notices to be provided by the Contracting Officer setting
forth the provisions of this nondiscrimination clause. The
Contractor shall state that all qualified applicants will
receive consideration for employment without regard to race,
color, religion, sex or national origin.
(3) The Contractor shall incorporate the foregoing
requirements in all subcontracts.
B. Contracts Subject to ExecutiveOrder 11246, as
Amended.
(Applicable to Federally assisted construction
contracts and related subcontracts exceeding $10,000)
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i
During the performance of this Contract, the Contractor
agrees as follows:
(1) The Contractor will not discriminate against any
employee or applicant for employment because of rece, color,
religion, sex or national origin. The Contractor will take
affirmative action to ensure that applicants for employment
are employed, and that employees are treated during employ-
ment, without regard to their race, color, religion, sex or
national origin. Such action shall include, but not be
limited to, the following: employment, upgrading, demotion
or transfer; recruitment or recruitment advertising; layoff
or termination; rates of pay or other forms of compensation;
and selection for training, including apprenticeship. The
Contractor agrees to post in conspicuous places, available
to employees and applicants for employment, notices to be
provided by the Contracting Officer setting forth the
provisions of this nondiscrimination clause.
(2) The Contractor will, in all solicitations or
advertisements for employees placed by or on behalf of the
Contractor, state that all qualified applicants will receive
consideration for employment without regard to race, color,
religion, sex or national origin.
(3) The Contractor will send to each labor union or
representative of workers with which he has a collective
bargaining agreement or other contract or understanding, a
notice to be provided by the Contract Compliance Officer
advising the said labor union or workers' representative of
the Contractor's commitment under this Section, and shall
post copies of the notice in conspicuous places available to
employees and applicants for employment.
(4) The Contractor will comply with all provisions of
Executive Order 11246 of September 24, 1965, and the rules,
regulations and relevant orders of the Secretary of Labor.
(5) The Contractor will furnish all information and
reports required by Executive Order 11246 of September 24,
1965, and the rules, regulations and orders of the Secretary
of Labor, or pursuant thereto, and will permit access to his
books, records and accounts by the Department and the
Secretary of Labor for purposes of investigation to ascer-
tain compliance with such rules, regulations and orders.
(6) In the event of the Contractor's noncompliance
with the nondiscrimination clauses of this Contract, or with
any of such rules, regulations or orders, this Contract may
be cancelled, terminated or suspended in whole or in part,
and the Contractor may be declared ineligible for further
Government contracts or federally assisted construction
contract procedures authorized in Executive Order 11246 of
- 41 -
September 249 1965, or by rule, regulation or order of the
Secretary of Labor, or as otherwise provided by laws.
(7) The Contractor will include the portion of the
sentence immediately preceding paragraph B(1) of -this
Section, and the provisions of paragraphs (1) through (7) _
which follow, in every subcontract or purchase order unless
exempted by rules, regulations or orders of the Secretary of
Labor issued pursuant to Section 204 of Executive Order
11246 of September 24, 1965, so that such provisions will be
binding upon each subcontractor or vendor. The Contractor
will take such action with respect to any subcontractor or
purchase order as the Department may direct as a means of
enforcing such provisions, including sanctions for noncom-
pliance: Provided, however, that in the event a Contractor
becomes involved in, or is threatened with, litigation with
a subcontractor or vendor as a result of such direction by
the Department, the Contractor may request the United States
to enter such litigation to protect the interest of the
United States.
C. "Section 3" Compliance in the Provision of Training,
Employment and Business Opportunities:
(Applicable to Federally assisted construction con-
tracts and related subcontracts exceeding $10,000)
During the performance of this Contract, the Contractor
agrees as follows:
(1) The Contractor agrees to comply with the
-requirements of Section 3 of the Housing and Urban
Development Act of 1968 (12 USC 170(u)), as amended,
the HUD regulations issued pursuant thereto at 24 CFR
Part 135, and any applicable rules and orders of HUD
issued thereunder.
(2) The "Section 3" set forth in 24 CFR 135.20(b)
shall form part of this Contract, as set forth in
Paragraph 1 of the General Conditions, "Contract and
Contract Documents."
(3) Contractors shall incorporate the "Section 3
clause" shown below and the foregoing requirements in
all subcontracts.
Section 3 Clause as set forth in 24 CFR 135.20(b)
A. The work to be performed under this Contract is on
a project assisted under a program providing direct Federal
financial assistance from the Department of Housing and
Urban Development and is subject to the requirements of
Section 3 of the Housing and Urban Development Act of 1968,
as amended, 12 U.S.C. 1701u. Section 3 requires that to the
- 42 -
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i.
greatest extent feasible opportunities for training and
employment be given lower'income residents of the project
area, and contracts for work in connection with the project
be awarded to business concerns which are located in, or
owned in substantial part by persons residing in the area
of the project.
B. The parties to this Contract will comply with the
provisions of said Section 3 and the regulations issued
pursuant thereto by the Secretary of Housing and Urban
Development and set forth in 24 CFR 135.20(b), and all
applicable rules and orders of the Department issued
thereunder, prior to the execution of this Contract. The
parties to this Contract certify and agree that they are
under no contractual or other disability which would prevent
them from complying with these requirements.
C. The Contractor will send to each labor organization
or representative of workers with which he has a collective
bargaining agreement or other contract or understanding, if
any, a notice advising the said labor organization or
workers' representative of his commitments under this
Section 3 clause, and shall post copies of the notice in
conspicuous places available to employees and applicants for
employment or training.
D. The Contractor will include this Section 3 clause
in every subcontract for work in connection with the project
and will, at the direction of the applicant for or recipient
of Federal financial assistance, take appropriate action
pursuant to a subcontract upon a finding that a Subcontrac-
tor is in violation of regulations issued by the Secretary
of Housing and Urban Development, 24 CFR 135.20 (b). The
Contractor will not subcontract with any subcontractor
where the Contractor has notice or knowledge that the
subcontractor has been found in violation of regulations
under 24 CFR 135.20'(b), and will not let any subcontract
unless the subcontractor has first provided said Contractor
with a preliminary statement of ability to comply with the
requirements of these regulations.
E. Compliance with the provisions of Section 3, the
f'
regulations set forth in 24 CFR 135.20(b), and all appli-
cable rules and orders of the Department issued thereunder
prior to the execution of the Contract, shall be a condition
of the Federal financial assistance provided to the project,
binding upon the applicant or recipient for such assistance,
its successors and assigns. Failure to fulfill these
requirements shall subject the applicant or recipient, its
contractors and subcontractors, its successors and assigns
to those sanctions specified by the grant or loan agreement
or contract through which Federal assistance is provided,
and to such sanctions as are specified by 24 CFR 135.20(b).
- 43 -
76. CERTIFICATION OF COMPLIANCE WITH AIR AND WATER ACTS
(Applicable to Federally assisted construction contracts and
related subcontracts exceeding $100,000)
Compliance with Air and Water Acts
During the performance of this Contract, the Contractor
and all subcontractors shall comply with the requirements of the Clean Air Act, as amended, 42 USC 1857 et seq., and the
Federal Water Pollution Control Act, as amended, 33 USC 1251
et seq., and the regulations of the Environmental Protection
Agency with respect thereto, at 40 CFR Part 15, as emended.
Inaddition to the foregoing requirements, all non-
exempt contractors and subcontractors shall furnish to the
Owner the following:
(1) A stipulation by the Contractor or subcon-
tractors that any facility to be utilized in the
performance of any nonexempt contract or subcontract
is not listed on the List of Violating Facilities
issued by the Environmental Protection Agency (EPA)
pursuant to 40 CFR 15.20.
(2) An agreement by the Contractor to comply with
all the requirements of Section 114 of the Clean Air
Act, as amended, (42 USC 1857c-8) and Section 308 of
the Federal Water Pollution Control Act, as amended,
(33 USC 1318) relating to inspection, monitoring,
entry, reports and information, as well as.all other
requirements specified in said Section 114 and Section
308, and all regulations and guidelines issued there-
under.
(3) A stipulation that as a condition for the
award of the Contract, prompt notice will be given of
any notification received from the Director, Office of
Federal Activities, EPA, indicating that a facility
utilized, or to be utilized for the contracts, is under
consideration to be listed on the EPA List of Violating
Facilities.
(4) An agreement by the Contractor that he will
include, or cause to be included, the criteria and
requirements in paragraphs (1) through (4) of this
Section in every nonexempt subcontract and requiring
that the Contractor will take such action as the
Government may direct as a means of enforcing such
provisions.
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77. SPECIAL CONDITIONS PERTAINING TO HAZARDS SAFETY STANDARDS
AND ACCIDENT PREVENTION
A. Lead -Based Paint Hazards
(Applicable to contracts and related subcontracts for
construction or rehabilitation of residential structures
exceeding $100,000)
The construction or rehabilitation of residential
structures is subject to the HUD Lead -Based Paint regula-
tions, 24 CFR Part 35. The Contractor and subcontractors
shall comply with the provisions for the elimination of
lead -based paint hazards under sub -part B of said regula-
tions. The Owner will be -responsible for the inspections
and certifications required under Section 35.14(f) thereof.
B. Use of Explosives
The use of explosives will not be permitted unless
written permission to do so is obtained by the Contractor
from the City. When the use of explosives is necessary for
the prosecution of the work, the Contractor shall observe
.all local, state and Federal laws in purchasing and handling
explosives. The Contractor shall take all necessary
precautions to protect completed work, neighboring property,' -
water lines or other underground structures. Where there is
danger to structures or property from blasting, the charges
shall be reduced and the material shall be covered with
suitable timber, steel or rope mats.
.- The Contractor shall notify all owners of public.
j utility property of his intention to use explosives at least
eight hours before blasting is done close to such property.
Any supervision or direction of use of explosives by the
r Engineer does not in• any way reduce the responsibility of
the Contractor or his Surety for damages that may be caused
by such use.
C. Danger Signals and Safety Devices
The Contractor shall make all necessary precautions to
guard against damages to property and injury to persons. He
shall put up and maintain in good condition sufficient red
or warning lights at night, suitable barricades and other
devices necessary to protect the public. In case the
Contractor fails or neglects to take such precautions, the
Owner may have such lights and barricades installed and
charge the cost of this work to the Contractor. Such action
by the Owner does not relieve the Contractor of any liabi-
lity incurred under these specifications or Contract.
r�
17 - 45 _
76* NONDISCRIMINATION AGAINST THE HANDICAPPED - SECTION 504
The Contractor shall not discriminate against any otherwise
qualified handicapped employee or applicant for employment solely
by reason of his handicap. The Contractor shall comply with
Section 504 of the Rehabilitation Act of 1973 (P.L. 93-112) as
amended (129 U.S.C.A. §794).
l-
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ii
EXHIBITS
A. COPELAND ANTI —KICKBACK REGULATIONS
B. CURRENT WAGE DETERMINATIONS
low
(THIS PAGE LEFT BLANK INTENTIONALLY)
a
EXHIBIT A
ATTACHMENT TO FEDERAL LABOR STANDARDS PROVISIONS
SO-CALLED "ANTI -KICKBACK ACT" AND REGULATIONS PROMULGATED
PURSUANT THERETO BY THE SECRETARY OF LABOR,
UNITED STATES DEPARTMENT OF LABOR
{
r TITLE 189 U.S.C., Section 874
(Replaces Section 1 of the Act of June 13, 1934 (48 Stat. 9489 40 -_
U.S.C., Sec. 276b) pursuant to the Act of June 25, 19489 62 Stat.
862)
KICKBACKS FROM PUBLIC WORKS EMPLOYEES.
Whoever, by force, intimidation, or threat of procuring
dismissal from employment, or by any other manner whatsoever
induces any person employed in the construction, prosecution,
completion or repair of any public building, public work, or
building or work financed in whole or in part by loans or grants
from the United States, to give up any part of the compensation
to which he is entitled under his contract of employment, shall
be fined not more than $5,000 or imprisoned not more than five
years, or both.
SECTION 2 OF THE ACT OF JUNE 13, 1934, AS AMENDED (48 Stat. 948,
62 Stat. 862, 63 Stat. 1089 72 Stat. 9679 40 U.S.C., Sec. 276c)
The Secretary of Labor shall make reasonable regulations for
contractors and subcontractors engaged in the construction,
prosecution, completion or repair of public buildings, public
works or buildings or works financed in whole or in part by loans
or grants from the United States, including a provision that each
contractor and subcontractor shall furnish weekly a statement
with respect to the wages paid each employee during the preceding
week. Section 1001 of Title 18 (United States Code) shall.apply
to such statements.
---XXX---
Pursuant to the aforesaid Anti -Kickback Act, the Secretary
of Labor, United States Department of Labor, has promulgated the
regulations hereinafter set forth, which regulations are found in
Title 29, Subtitle A, Code of Federal Regulations, Part 3. The
term "this part," as used in the regulations hereinafter set
forth, refers to Part 3 last above mentioned. Said regulations
are a follows;
TITLE 29 - LABOR
Subtitle A - Office of the Secretary of Labor
PART 3 - CONTRACTORS AND SUBCONTRACTORS ON PUBLIC BUILDING OR
PUBLIC WORK FINANCED IN WHOLE OR IN PART BY LOANS OR
GRANTS FROM THE UNITED STATES
7
Section 3.1 Purpose and scope.
This part prescribes "anti -kickback" regulations under
Section 2 of the Act of June 13, 1934, as amended (40 U.S.C.
276c), popularly known as the Copeland Act. This part applies to _
any contract which is subject toFederalwage standards and which --
is for the construction, prosecution, completion, or repair of
public buildings, public works or buildings or works financed in
whole or in part by loans or grants from the United States. The _
part is intended to aid in the enforcement of the minimum wage
provisions of the Davis -Bacon Act and the various statutes
.dealing with Federally -assisted construction that contain similar
minimum wage provisions, including those provisions whicr, are not
subject to Reorganization Plan No. 14 (e.g., the College Housing
Act of 1950, the Federal Water Pollution Control Act, and the _
Housing Act of 1959), and in the enforcement of the overtime
provisions of the Contract Work Hours Standards Act whenever they
are applicable to construction work. The part details the
obligation of contractors and subcontractors relative to the
weekly submission of statements regarding the wages paid on work
covered thereby; sets forth the circumstances and procedures
governing the making of payroll deductions from the wages of
those employed on such work; and delineates the methods of
payment permissible on such work.
Section 3.2 Definitions.
As used in the regulations in this part:
(a) The terms "building" or "work" generally includes
construction activity as distinguished from manufacturing,
furnishing of materials, or servicing and maintenance work. The
terms include, without .limitation, buildings, structures, and
improvements of all types, such as bridges, dams, plants,
highways, parkways, streets, subways, tunnels, sewers, mains,
power lines, pumping stations, railways, airports, terminals,
docks, piers, wharves, ways, lighthouses, buoys, jetties,
breakwaters, levees, and canals; dredging, shoring, scaffolding,
drilling, blasting, excavating, clearing, and landscaping.
Unless conducted in connection with and at the site of such a
building or work as is described in the foregoing sentence, the
manufacture or furnishing of materials, articles, supplies, or
equipment (whether or not a Federal or State agency acquires
title to such materials, articles, supplies, or equipment during
the course of the manufacture or furnishing, or owns the mate-
rials from which they are manufactured or furnished) is not a
"building" or "work" within the meaning of the regulations in
this 'part.
(b) The terms "conditions", "prosecution", "completion", or
"repair" mean all types of work done on a particular building or
work at the site thereof, including, without limitation, alter
ing, remodeling, painting and decorating, the transporting of
materials and supplies to or from the building or work by the
r
I
employees of the construction contractor or construction sub-
contractor, and the manufacturing or furnishing of materials,
r articles, supplies, or equipment on the site of the building or
work, by persons employed at the site by the contractor or
subcontractor. _
(c) The terms "public building" or "public work" include
building or work for whose construction, prosecution, completion,
or repair, as defined above, a Federal agency is a contracting
party, regardless of whether title thereof is in a federal
agency.
�• (d) The term "building or work financed in whole or in part
by loans or grants from the United States" includes building or
work for whose construction, prosecution, completion, or repair,
as defined above, payment or part payment is made directly or
indirectly from funds provided by loans or grants by a Federal
agency. The term does not include building or work for which
Federal assistance is limited solely to loan guarantees or
f" insurance.
(e) Every person paid by a contractor or subcontractor in
any manner for his labor in the construction, prosecution,
completion, or repair of a public building or public work or
building or work financed in whole or in part by loans or grants
from the United States is "employed" or receiving "wages",
regardless of any contractual relationship alleged to exist
between him and the real employer.
(f) The term "any affiliated person" includes a spouse,
child, parent, or other close relative of the contractor or
subcontractor, a partner or officer of the contractor or sub-
contractor, a corporation closely connected with the contractor
or subcontractor as parent, subsidiary or otherwise, and an
officer or agent of such corporation.
r (g) The term "Federal agency" means the United States, the
District of Columbia, and all executive departments, independent
establishments, administrative agencies, and instrumentalities of
the United States and of the District of Columbia, including
corporations, all or substantially all of the stock of which is
beneficially owned by the United States, by the District of
Columbia, or any of the foregoing departments, establishments,
agencies, and instrumentalities.
Section 3.3 Weekly statement with respect to payment of wages.
(a) As used in this section, the term "employee" shall not
apply to persons in classifications higher than that of laborer
or mechanic and those who are the immediate supervisors of such
employees.
I
(b) Each contractor or subcontractor engaged in'the
construction, prosecution, completion, or repair of any public
building or public work, or building or work financed in whole or
in part by loans or grants from the United States, shall furnish
each week a statement with respect to the wages paid each of its
employees engaged on work covered by 29 CFR Parts 3 and 5 during
the preceding weekly payroll period. This statement shall be =
executed by the contractor or subcontractor or by an authorized
officer or employee of the contractor or subcontractor who
supervises the payment of wages, and shall be on form WH 348
"Statement of Compliance", or on an identical form on the back of
WH 347, "Payroll (For Contractors Optional Use)" or on any form
with identical wording. Sample copies of WH 347 and WH 348 may -'
be obtained from the Government contracting or sponsoring agency,
and copies of these forms may be purchased at the Government
Printing Office. ; —
(c) The requirements of this section shall not apply to any
contract of $2,000 or less. _
(d) Upon a written finding by the head of a Federal agency,
the Secretary of Labor may provide reasonable limitations,
variations, tolerances, and exemptions from the requirements of —
this section subject to such conditions as the Secretary of Labor
may specify.
(29 F.R. 95, Jan. 4, 1964, as amended at 33 F.R. 10166, July 17, 1968
Section 3.4 Submission of weekly statements and the preservation —
and inspection of weekly payroll records.
(a) Each weekly statement required under Section 3.3 shall
be delivered by the contractor or subcontractor, within seven
days after the regular payment date of the payroll period, to a
representative of a Federal or State agency in charge at site of
the building or work, or, if there is no representative of a
Federal or State agency.st the site of the building or work, the
statement shall be mailed by the contractor or subcontractor,
within such time, to a Federal or state agency contracting for or
financing the building or work. After such examination and check
as may be made, such statement, or a copy thereof, shall be kept
available, or shall be transmitted together with a report of any
violation, in accordance with applicable procedures prescribed by
the United States Department of Labor.
(b) Each contractor or subcontractor shall preserve his
weekly payroll records for a period of three years from date of
completion of the contract. The payroll records shall set out
accurately and completely the name and address of each laborer
and mechanic, his correct classification, rate of pay, daily and
weekly number of hours worked, deductions made, and actual wages
paid. Such payroll records shall be made available at all times
for inspection by the contracting officer or his authorized
representatives of the Department of Labor.
f"
Section 3.5 Payroll deductions permissible without application
r' to or approval of the Secretary of Labor.
Deductions made under the circumstances or in the situations
r described in the paragraphs of this section may be made without
r application to and approval of the Secretary of Labor:
(a) Any deduction made in compliance with the requirements
of Federal, State, or local law, such as Federal or State
withholding income taxes and Federal social security taxes. -
(b) Any deduction of sums previously paid to the employee
as a bona fide prepayment of wages when such prepayment is made
without discount or interest. A "bona fide prepayment of wages"
is considered to have been made only when cash or its equivalent
has been advanced to the person employed in such manner as to
give him complete freedom of disposition of the advanced funds.
(c) Any deduction of amounts required by court process to
be paid to another, unless the deduction is in favor of the
contractor, subcontractor or any affiliated person, or when
collusion or collaboration exists.
(d) Any deductions constituting a contribution on behalf of
the person employed to funds established by the employer or
representatives of employees, or both, for the purpose of
providing either from principal or income, or both, medical or
hospital care, pensions or annuities on retirement, death
benefits, compensation for injuries, illness, accidents, sick-
ness, or disability, or for insurance to provide any of the
foregoing, or unemployment benefits, vacation pay, savings
accounts, or similar payments for the benefit of employees, their
families and dependents: Provided, however, that the following
standards are met: (1) The deduction is not otherwise prohibited
r.
by law; (2) it is either: (i) Voluntarily consented to by the
employee in writing and•in advance of the period in which the
work is to be done and such consent is not a condition either for
the obtaining of or for the continuation of employment, or (ii)
r-
provided for in a bona fide collective bargaining agreement
between the contractor or subcontractor and representatives of
its employees; (3) no profit or other benefit is otherwise
r-
obtained, directly or indirectly, by the contractor or subcon-
tractor or any affiliated person in the form of commission,
dividend, or otherwise; and (4) the deductions shall serve the
• convenience and interest of the employee.
(e) Any deduction contributing toward the purchase of
United States Defense Stamps and Bonds when voluntarily autho-
rized by the employee.
(f) Any deduction requested by the employee to enable him
to repay loans to or to purchase shares in credit unions orga-
nized and operated in accordance with Federal and State credit
union statutes.
(g) Any deduction voluntarily authorized by the employee for the making of contributions to governmental or quasi- —
governmental agencies, such as the American Red Cross.
(h) Any deduction voluntarily authorized by the employee
for the making of contributions to. Community Chests, United
Givers Funds, and similar charitable organizations.
(i) Any deductions to pay regular union initiation fees and
membership dues, not including fines or special assessments:
Provided, however, that a collective bargaining agreement between
the contractor or subcontractor and representatives of its
employees provides for such deductions and the deductions are not
otherwise prohibited by law.
(j) Any deduction not more than for the "reasonable cost"
of board, lodging, or other facilities meeting the requirements
of section 3(m) of the Fair Labor Standards Act of 1938, as
amended, and Part 531 of this title. When such a deduction is
made the additional records required under Section 516.27(a) of
this title shall be kept.
Section 3.6 Payroll deductions permissible with the approval of
the Secretary of Labor.
Any contractor or subcontractor may apply to the Secretary
of Labor for permission to make any deduction not permitted under
Section 3.5. The Secretary may grant permission whenever he
finds that:
(a) The contractor, subcontractor, or any affiliated person
does not make a profit or benefit directly or indirectly from the
deduction either in the form of a commission, dividend, or
otherwise;
(b) The deduction is not otherwise prohibited by law;
(c) The deduction is either (1)*voluntarily consented to by
the employee in writing and in advance of the period in which the
work is to be done and such consent is not a condition either for
the obtaining of employment or its continuance, or (2) provided
for in a bona fide collective bargaining agreement between the
contractor or subcontractor and representatives of its employees;
and
(d) The deduction serves the convenience and interest of
the employee.
Section 3.7 Applications for the approval of the Secretary of
Labor.
Any application for the making of payroll deductions under
Section 3.6 shall comply with the requirements prescribed in the
following paragraphs of this section:
(a) The application shall be in writing and shall be
addressed to the Secretary of Labor.
(b) The application shall identify the contract or con-
tracts under which the work in question is to be performed.
Permission will be given for deductions only on specific,
identified contracts, except upon a showing of exceptional
circumstances.
(c) The application shall state affirmatively that there is
compliance with the standards set forth in the provisions of
Section 3.6. The affirmation shall be accompanied by a full
statement of the facts indicating such compliance.
(d) The application shall include a description of the
proposed deduction, the purpose to be served thereby, and the
classes of laborers or :mechanics from whose wages the proposed
deduction would be made.
(e) The application shall state the name and business of
any third person to whom any funds obtained from the proposed
deductions are to be transmitted and the affiliation of such
person, if any, with the applicant.
Section 3.8 Action by the Secretary of Labor upon applications.
The Secretary of Labor shall decide whether or not the
requested deduction is permissible under provisions of Section
3.6; and shall notify the applicant in writing of his decision.
Section 3.9 Prohibited payroll deductions.
Deductions not elsewhere for by this part and which are not
found to be permissible under Section 3.6 are prohibited.
Section 3.10 Methods of payment of wages.
The payment of wages shall be by cash, negotiable instru-
ments payable on demand, or the additional forms of compensation
for which deductions are permissible under this part. No other
methods of payment shall be recognized on work subject to the
�. Copeland Act.
Y
t
Section 3.11 Regulations part of contract.
All contracts made with respect to the construction,
t' prosecution, completion, or repair of any public building or
a
public work or building or work financed in whole or in part by
loans or grants from the United States covered by the regulations
in this part shall expressly bind the contractor or subcontractor
to comply with such of the regulations in this part as may be
applicable. In this regard, see Section 5.5 (a) of this sub-
title. _
R
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a•
EXHIBIT B
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WAGE DETERMINATIONS
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(Obtain from Community Development Office)
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Subject to Change 10 Days
Prior to Bid Opening
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lbC U. S. Department of Housing and Urban Development
Fort Worth Office, Region VI
1600 rton
P.O. Box 2905
Fort Worth, Texas 76113.2905
9 1991
Mr. Chris Hooper
Community Development
City of Lubbock
PO Box 2000
Lubbock, TX 79457
Dear Mr. Hooper:
Subjects BUD Project Plumber B-91-MC-48-0022
Paving of 21st and 25th from Urbana Place to Upland Ave.
Lubbock (Lubbock County), TX
Enclosed is wage decision number TX91-28/240 (general wage decision),
which is applicable to construction of the project cited above. General Wage
Decisions have no expiration date; however, they are subject to modification
and/or supersedeas action by the U. S. Department of Labor. It is important
that each wave_decision be verified as current by calling this office at (817)
885-5829 ten (10) days prior to bid opening. Any supersedeas decision or
modification announced in the Federal Register ten (10) days prior to bid
opening will be applicable to the subject project. If the contract has not
been awarded within ninety (90) days after bid opening, any modifications
announced prior to award of that contract will be effective.
The applicable wage decision, including modifications, must be made a
part of the bid documents (if any) or invitations for proposals, and made a
part of every subsequent contract and subcontract for construction work on the
project. The wage rates contained therein shall be the minimum wage rates to
be paid under such contracts by contractors and subcontractors on the job.
The Federal Labor Standards Provisions (HUD-4010) must also be included in all
contracts, subcontracts, and any lower -tier subcontracts. We are enclosing a
HUD-4010 form for your use. It is the Prime Contractor's responsibility to
ensure inclusion of wage rates and labor standards provisions in all
subcontracts.
The recipient must hold a preconstruction conference with the principal
contractor and all available subcontractors prior to start of construction, at
which tire they shall be advised of their responsibilities and obligations
regarding the Federal Labor Standards Provisions and the wage decision
contained in the contract documents. A copy of the Preconstruction Minutes
must be kept in the City's files.
Enclosed is a poster which is required to be posted in a prominent place
on the job site, readily accessible to the workers, along with a copy of the
wage decision.
f
2
We are also enclosing a Start work Notice form which you should complete
and return as notification when construction begins on the project.
DBUD, Labor Relations, 6SL
1600 Throckmorton
PO Box 2905
Fort Worth, TX 76113-2905 _
If you reed additional information, please feel free to contact our
Labor Relations staff at (817) 885-5829. —
Sincerely,
s
F rias E. Ferguso
bor Relations Bice
Enclosures
f •
' U.S. Department of Labor
GENERAL WAGE DECISION NO. TX91-28/i�'j+�0
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Supersedes General Wage Decision No. TX9O-28
l State: TEXAS
p... County(les): Ector, Lubbock. Midland. Potter. Randall. Taylor,
Tom Green
f
Construction
Type: Heavy & Highway
Construction
Description: Heavy (excluding tunnels & dams) and Highway Projects
(does not include building structures in rest area•
projects).
i Modification Record:
No. Publication Date Page No.(s)
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7
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P
Vol• 11 1087
U.S. Department of Labor
TX91-28/.27
Basic
Hourly
Rates
ASPHALT HEATER OPERATOR
7.35
--
ASPHALT RAKER
7.30
ASPHALT SHOVELER
6.40
-" BATCHING PLANT WEIGHER
7.40
CARPENTER
7.90
CARPENTER HELPER
6.90
CONCRETE FINISHER (PAVING)
8.40.
CONCRETE FINISHER HELPER (PAVING)
6.00
CONCRETE FINISHER (STRUCTURES)
7.90
CONCRETE FINISHER HELPER (STRUCTURES).
7.05
ELECTRICIAN
10.00
FORM BUILDER (STRUCTURES)
7.75
-
FORM SETTER HELPER (PAVING & CURB)
6.80
FORM SETTER .(PAVING & CURB)
8.25
FORM SETTER (STRUCTURES)
8.20
FORM SETTER HELPER (STRUCTURES)
6.75
LABORER, COMMON
5.95
LABORER, UTILITY
7.15
MECHANIC
9.80
MECHANIC HELPER
7.70
OILER
6.90
SERVICER
7.80
PIPELAYER
6.90
_
PIPELAYER HELPER
6.50
REINFORCING STEEL SETTER (STRUCTURES)
7.65
REINFORCING STEEL SETTER HELPER
7.55
SPREADER BOX OPERATOR
7.00
POWER EQUIPMENT OPERATORS:
Asphalt Distributor
7.80
Asphalt Paving Machine
8.05
Broom or Sweeper Operator
6.20
Bulldozer 150 HP & Less
7.00
Bulldozer over 150 HP
7.35
Concrete Paving Curing Machine
9.10
Concrete Paving Finishing Machine
9.00
Concrete Paving Grinder
8.50
Concrete Paving Float
9.10
Concrete Paving Saw
8.50
_
Concrete Paving Speader
9.10
Reinforcing Steel Machine
7.00
Slipform Machine
9.00
Crane. Clamshell, Backhoe, Derrick.
• Dragline. Shovel (less than 1 1/2 CY)
8.35
Crane, Clamshell Backhoe, Derrick.
Dragline, Shovel 0 1/2 CY & Over)
9.45
Crusher or Screening Plant Operator
6.95
Foundation Drill Operator (Crawler Mounted)
8.00
Fountain Drill' Operator (Truck Mounted)
10.50
' Front End Loader (2 1/2 CY & less)
7.90
•
Mixer ( 16 CF &' Less )
6.25
' Mixer (over 16 CF)
7.50
Vol. 11 toss
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U.S. Department of Labor
�C
TX91-281140
Motor Grader Operator. Fine Grade
10.20
Motor Grader Operator
9.50
Roller. Steel Wheel (Plant -Mix Pave-
ment)
7.05
Roller, Steel Wheel (Other -Flat Wheel
cr Tamping)
6.75
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Roller. Pneumatic (Self -Propelled)
6.10
Scrapers (17 CY & Less).
7.10
Scrapers (Over 17 CY)
7.35
Tractor (Crawler Type 150 HP & Less
7.05
Tractor (Crawler Type) over 150 HP
8.50
Tractor (Pneumatic) 80 HP & Less
6.65
Tractor (Pneumatic) over 80 HP
7.40
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Traveling Mixer
6.15
Wagon Drill. Boring Machine or Post
Hole Driller Operator
9.75
TRUCK DRIVERS:
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Single Axle, Light
6.30
Single Axle. Heavy
6.65
Tandem Axle or Semitrailer
6.75
Lowboy -Float
7.45
Transit -Mix
6.60
VIBRATOR (HAND TYPE)
6.90
WELDER
8.95
(\
Unlisted classifications needed for work
not included within the scope
of the classifications listed may be added after award only as
provided in the labor standards contract
clauses (29 CFR. 5.5 (a) (1)
(ii)).
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FM
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MATERIALS OF CONSTRUCTION
1. GENERAL
The following paragraphs give the specifications on the
various materials which are to be used in this project. On
minor items a certificate from the manufacturer may be
required, certifying that the material or equipment meets the
specifications for such material as specified herein. All
materials shall be subject to the approval of the Engineer
before being used'.
2. CONCRETE
A. Cement
Cement shall conform to "Standard Specifications and Test
for Portland Cement," A.S.T.M. Serial Designation C150,
Type I and Type III, and shall be an approved brand.
B . Aggregate
Description
Concrete aggregates shall consist of natural, washed and
screened sand, and washed and screened gravel or clean
crushed stone conforming to "Standard Specification for
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Concrete Aggregate," A.S.T.M. C-33-39 and Item No. 360 of
the Texas State Highway Specifications. Coarse aggregate
for Class "C" Concrete Street Paving shall be crushed
limestone (Brownwood Type). The aggregate shall be well
graded from coarse to fine and shall be free from injurious
amount of clay, soft or flaky materials, loam or organic
impurities. All aggregate shall be approved by the
Engineer before use. Maximum size of aggregate shall be 1-
1/2 inches. Aggregate for concrete construction proposed
to be used in this project shall have a loss not to exceed
,..
18% when subjected to 5 cycles of the Magnesium Sulfate
soundness test A.S.T.M. C-88-76.
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~ Stockpiles
i
The location of all stockpiles of aggregate shall be
approved by the Engineer prior to unloading as to zoning
requirements, smoothness and compaction of the ground, and
traffic conditions. Stockpiles of aggregate to be
incorporated into the project shall be protected from dust
7 IV-1
by drift fences of any suitable material approved by the
Engineer, when sandstorm possibilities exist. Care will be
taken to prevent dusty conditions in the stockpile area
from any sources.
C. Water
Water shall be clean, clear, free from oil, acid or organic
matter and free from injurious amounts of alkali, salts or
other chemicals.
D. Concrete Materials Test
pre -Construction Tests
The contractor will submit test certificates from an
approved commercial laboratory on all aggregates proposed
for use on this work. Tests should be made approximately
20 days before beginning the concrete operation.
The contractor will submit in advance of construction the
mix design and the result of compression tests made by a
commercial laboratory. These will be made on each type of
concrete mix design proposed for use on this project.
Tests shall be made on 6 cylinders for each mix, 3 tested
in 3 or 7 days, 3 tested at 7 or 28 days. Additional tests
shall be furnished if material source is changed or if
concrete used varies from the original design.
The Engineer shall approve the mix design after the pre -
construction tests have been completed.
Construction Tests
Tests of the aggregates and the concrete will be made by
the Engineer during construction to determine conformity
with the specifications. Test cylinders will be made in
accordance with the Method of Making and Curing Concrete
Compression and Flexure Test Specimens in the Field (ASTM
Designation C-31). The specimens shall be cured under
standard moisture and temperature conditions in accordance
with requirements of ASTM C-31.
Strength tests shall be made, in general, for each day's
run, or for each 50 cubic yards of concrete if a day's run
greatly exceeds this amount, but these tests may be made
entirely at the discretion of the Engineer. Strength tests
on Class "C" Concrete shall be made for approximately each
30 cubic yards, or every third truck on each day's run. The
IV-2
costs of all such testing will be borne by the City but the
Contractor shall cooperate in securing and storing samples
and shall furnish all materials required for sampling.
A strength test shall consist of five standard test
cylinders made from a composite sample obtained in
accordance with the requirements of ASTM Designation C-172.
Two of the cylinders shall be tested at 3 or 7 days and at
7 or 28 days. The fifth cylinder shall be held available
for subsequent testing, if determined necessary by the
Engineer. The test result shall be the average of the two 7
or 28 day specimens, except that, if one specimen in the
test shows manifest evidence of improper sampling, molding,
or testing, it shall be discarded and the remaining two
strengths averaged. Should more than one specimen
representing a given test show definite defects, due to
improper sampling, molding or testing, the entire test
shall be discarded.
The result of the 7 or 28 day strength tests shall be used
as the basis for accepting or rejecting the concrete
represented.
The results of the 3 or 7 day strength tests will be
compared with the 3 or 7 day strength of the
preconstruction test cylinders for the type and slump of
the concrete being produced. Should the 3 or 7 day
strengths indicate a deficiency in the 7 or 28 day
strengths, the Engineer may require a temporary change in
proportions to correct such deficiency. Such change shall
remain in effect until the 7 or 28 day strength of the
material in question is determined, at whichh time the
change shall become permanent or shall be rescinded,
depending upon the results of the 7 or 28 day test.
The engineer shall record the delivery ticket number for
the concrete and the exact location in the work at which
each load represented by a strength test is deposited.
E. Concrete Design
Concrete conforming to these specifications may be "Ready
Mix" but transporting vehicles shall be operated such as to
insure delivery and placement in forms without loss or
segregation of ingredients and within one hour of mixing
time. Concrete will be mixed continuously during transit.
IV-3
Mix Desian
All concrete for curb and gutter, valley gutters, fillets
and alley stubs, alley slabs, drainage channels, inlet
boxes, headwalls, and medians shall have 5% air entrainment
(±1-1/2% tolerance). The concrete mix design shall be
based on water -cement ratio, and shall be as follows for
the different classes of concrete.
Minimum Sacks Max. Gal. Max. Slump
Class Cement per C.Y. Water per sack in inches
A
5
6.5 4
C
6
6 3
E
5.5
5.5 3
F
6
5.5 2
The concrete mix design for the different classes shall
also be such that the compressive and flexural strength for
each class,shall not be less than the following:
Class
33 day
7 day
A ---
2100
C ---
3000
E 2500
3000
F 2900
3500
Minimum Average for
many test
beam strength
600
28 day
3000
3600
Any concrete failing to meet these strength requirements or
air content shall be removed and replaced.
Low Strength Concrete
Any class of concrete incorporated in any part of the
project which does not meet the strength requirements
specified above, shall be considered low strength concrete.
Low strength concrete shall be removed and replaced at the
expense of the Contractor.
The Engineer shall determine the exact limits of any low -
strength concrete required to be removed and replaced under
the provisions of this paragraph. The methods to be used
in removing and replacing such concrete shall be approved
by the Engineer.
IV-4
r" Unless otherwise shown on the plans: Class A concrete
shall be used for curb and gutter, drainage channels,
medians, inlet boxes, headwalls and sidewalks; Class C
concrete shall be used for concrete.paving and valley
gutters constructed in thoroughfare and collector streets;
Class E concrete shall be used for valley gutters on
streets other than thoroughfares and collectors and for
alley returns, alley paving and reinforced gutter sections;
Class F concrete is used for railroad sections.
G. Mixing
All aggregates shall be accurately weighed or measured by
volume. The concrete shall be mixed in an approved batch
mixer equipped with an accurate water measuring tank, and
shall be mixed for one and one-half minutes after all
material is in the mixer. "Ready Mixed" or "Transit
Mixed" concrete may be used. If used it shall conform to
these specifications and the "Standard Specifications for
Ready Mixed Concrete," A.S.T.M. Serial Designation C94-38
and Item No. 502 of the Texas State Highway Specifications.
` After mixing, the concrete shall .be transported to the
forms in a manner which will prevent separation or
segregation of the aggregates and shall be placed without
undue delay. It shall be deposited as nearly as
practicable in its final position in order to avoid
rehandling or flowing of the concrete. No water shall be
added to the concrete to facilitate finishing.
H. Curing Compounds
Compounds used to form an air tight membrane over fresh
concrete surface for curing purposes shall conform to Item
526, Texas State Highway Specifications and "A.S.T.M."
Serial Designation C-309.
3. REINFORCING MATERIALS
A. Wire Mesh
Wire mesh reinforcing shall conform to "Standard
Specifications for Welded Steel Fabric for Concrete
Reinforcement" ASTM Designation A-185.
Mesh reinforcement shall be of the size shown on the plans.
All reinforcement shall be permanently marked with grade
identification marks or shall, on delivery, be accompanied
IV-5
by a manufacturer's guarantee of grade and compliance with
these specifications. Reinforcement stored on the site
shall be protected from accumulations of grease, mud or
other foreign matter and from rust producing conditions and
shall be free from rust, scale, oil, mud or structural
defects when incorporated into alley slab, or valley
gutters.
B. Bar Reinforcing
Reinforcing steel to be used on this project shall conform
to A.S.T.M. Designation A-432 and shall be deformed to
A.S.T.M. 305 requirements unless otherwise shown on the
plans.
C. Fiber Reinforcement
(1) The fiber used shall be 100 per cent virgin
polypropylene collated, fibrillated fibers specifically
manufactured for use as concrete reinforcement,
containing no reprocessed olefin materials.
(2) The physical characteristics of the fiber to be used is
as follows: Specific Gravity - 0.91; Tensile Strength
- 70 to 110 ksi; Length of fibers - 1/211.
(3) Fibrous concrete reinforcement materials provided by
this section shall produce concrete conforming to the
requirements for each type and class of concrete listed
in Section 4-2-E. Quantities to be used shall conform
to manufacturer's recommendations, unless otherwise
directed by the Engineer.
4. JOINT MATERIAL
A. Expansion Joint Materials
Bituminous premolded expansion joint material shall conform
to Item No. 420.2 (a) of the Texas State Highway Department
Specifications.
Expansion joints shall be placed as shown on the plans or
as directed by the Engineer.
B. Joint Sealing Material
Joint sealing material shall be W.R. Meadows SOF-SEAL or
approved equivalent
IV-6
5. FORMS
Forms for curb and gutter and alley paving may be of wood or
metal, of a section satisfactory to the Engineer, straight,
free of warp, and a depth equal to the depth of the concrete
section formed. Forms shall be constructed accurately to the
line and grade as established in the field, shall be
adequately braced so that they will not move during the
placing of the concrete, and shall remain in place at least
twelve (12) hours after placing concrete. Forms shall be
oiled with a light oil before each use and forms which are to
be re -used shall be cleaned immediately after each use and
maintained in good condition. Curb forms shall be such that
the face of the curb can be formed by use of a face form held
in place by steel templates. Forms used for curb shall meet
all of the above specifications, except that face forms on
curb radii may be omitted if a true section and an accurate
flow can be obtained by other methods approved by the
Engineer. In no case will a concrete pour be started without
the approval of the Engineer. No forms shall be placed until
the subgrade is within one inch (111) of its finished grade.
Forms for alley slabs may be used as a guide for screeding.
Where longitudinal construction joints are required, the form
shall be so constructed as to provide a 1-1/8 inch 'IV" shaped
groove in the face.
6. FLEXIBLE BASE (CALICHE)
A. Description
"Flexible Base (Caliche)" shall consist of a foundation
course for surface course or for other base courses. It
shall be composed of caliche and stone materials and shall
be constructed as herein specified in one or more courses
in conformity with the typical sections shown on plans and
to the lines and grades as established by the Engineer.
B. Material
r (1) The material for the base course shall consist of
r argillaceous limestone, calcareous or calcareous clay
` particles, conglomerate, gravel, sand or other granular
materials. The material source shall be approved by
r the Engineer. All the acceptable material shall be
crushed and returned to the screened material again in
such manner that a uniform product will be produced.
Samples for testing the material shall be taken prior
to the compaction operations.
(2) The material will conform to the requirements:
C
7 IV
Sieve Size 2" 1-1/2" 7/8" 1/2" 14 #40
-------------------------------------------------------
% retained 0 0-5 8-30 30-55 50-70 70-90
Material passing the No. 40 sieve shall be known as
"Soil Binder" and shall meet the following requirements
when prepared in accordance with Test Method Tex 101-E
procedure:
Liquid Limit - 45 maximum; plasticity
Index - 15 maximum, 3 minimum; and,
Linear Shrinkage - 10 maximum
(3) Wet Ball Mill Test of Flexible Base Material
The material, when tested in accordance with Texas
Method 116-E, shall have a maximum allowable value of
55.
7. ASPHALT STABILIZED BASE -PLANT MIX (THD Item 292)
A. Description
This item shall consist of base courses to be composed of a
compacted mixture of graded gravel base material from
sources approved by the Engineer, (once the source is
selected the contractor will not change to another source
without the Engineer's approval) and asphaltic material,
mixed hot in an approved mixing plant. The percent asphalt
shall be determined by the Engineer in accordance with Test
Method Tex 126-E and Tex 204-F or other established
procedures.
B. Materials
(1) Mineral Aggregate (Graded Gravel)
The material shall be crushed and shall be screened as
necessary to meet the requirements hereinafter
specified and shall consist of durable aggregate
particles otherwise specified below.
(2) Stockpiling, Storage, Proportioning and Mixing
Prior to the mixing operations with asphaltic material,
processed mineral aggregate shall be stockpiled on an
-area previously cleared of trash, weeds and grass and
smoothed as directed by the Engineer. The aggregate
stockpiles shall be not less than 10 feet in height and
constructed in layers not exceeding 18 inches in depth
or as directed by the Engineer. The plant shall have
and maintain at least a two day supply of aggregate on
hand unless otherwise directed by the Engineer.
IV-8
r
Material shall be stockpiled in such a manner as to
prevent segregation of aggregate and mixing of
aggregate from stockpiles and/or other sources. The
gradation requirements for the individual stockpiles
and proportioning from these stockpiles will be the
contractor's responsibility.
(3) Gradation
Unless otherwise specified, the grading of the mineral
aggregate shall conform to the limitations as shown
below:
This mixture shall meet the T.H.D. 1982 Specification
Item (292)
Grade 4 -- Grading requirements percent retained -sieves
1-1 2" IJ811 IJ211 #40
08-30 30-55 50-70 70-90
Material passing the No. 40 sieve shall be known as
"Soil Binder" and shall meet the following requirements
when prepared in accordance with the Test Methods Tex
-101-E procedure:
The liquid limit shall not exceed................45
The plasticity index shall not exceed ............ 15
The linear shrinkage shall not exceed.............5
Samples for testing the material shall be taken prior
to the mixing operations. Where more than one material
is used, tests will be on the combined materials.
The mineral aggregate shall not contain more than 0.5%
moisture prior to entering the pugmill for mixing with
asphalt.
C. Asphaltic Materials
Asphalt for the paving mixture shall be of the type as
determined by the Engineer and shall meet the requirements
of Item 300, THD Specs, 1982 "Asphalt, Oils, and
Emulsions." The grade of asphalt used shall be designated
by the Engineer. The contractor shall notify the Engineer
of the source of his asphaltic material prior to design or
production of the asphaltic mixture and this source shall
not be changed during the course of the project, except
when authorized by the Engineer.
(1) Asphaltic Stabilized Mixture
IV-9
The mixture shall consist of a uniform mixture of
mineral aggregate and asphaltic material. The mineral
aggregate will conform to the gradation requirements
specified. The asphaltic material shall form from 4 to
9% percent of the mixture by weight. The design
percent asphalt shall be determined in accordance with
Test Method Tex.-126-E or Test Method Tex.-204-F and
procedures outlined in the SDHPT Bulletin C-14. The
percent of asphalt in the mix shall be determined by
Extraction ASTM D-2172, ASTM D-4125 Method of Test for
asphalt content by Nuclear Method, Test Method Tex-210-
-F or Test Method Tex.-126-F.
(2) Tack Coat
Asphaltic materials shall meet the requirements of the
Item, "Asphalts, Oils, and Emulsions THD Item 30011, as
approved by the Engineer.
(3) Tolerances
The Engineer will designate the asphalt content to be used
in the mixture after design tests have been made with the
aggregate to be used in the project. When tested as
determined by the Engineer, samples of the mixture shall
not vary from the asphalt content designated by the
Engineer by more than 0.2 percent dry weight (based on
total mixture).
Asphaltic concrete pavement and asphaltic stabilized base
shall be machine layed and the equipment shall meet the
requirements of THD 1982 specifications Item 528,
"Automatic Screed Controls for Concrete Spreading and
Finishing Machines."
S. EQUIPMENT - MIXING PLANTS BLACK BASE AND HOT -MIX
All equipment for the handling of all materials and mixing and
placing of the mixture shall be maintained in good repair and
operating condition and subject to approval of the Engineer.
Any equipment found to be defective and affecting the quality
of the mixture will be replaced.
Mixing plants may be the weigh -batch type or the continuous
mixing type or the drum mix type. All types of plants shall be
equipped with satisfactory conveyors, power units, aggregate
handling equipment, bins and dust collectors and shall consist
of the following essential pieces of equipment.
IV-10
l
When requested by the Engineer, weigh -batch and continuous
types of mixing plants shall be equipped with automatic
proportioning devices in accordance with the requirements of
THD 1982_Specifications Item 520, "Weighing and Measuring
Equipment." If automatic recording devices are required by the
r. plans, they shall be in accordance with the THD Item 520,
"Weighing and Measuring Equipment."
A. Weigh -Batch Type
(1) Cold Aggregate Bin and Proportioning Device
r The number of compartments in the cold aggregate bin
shall be equal to or greater than the number of
stockpiles of individual materials to be used.
The bin shall be of sufficient size to share the amount
of aggregate required to keep the plant in continuous
operation and of proper design to prevent overflow of
material from one compartment to another. The
proportioning device shall be such as will provide a
uniform and continuous flow of aggregate in the desired
proportioning in a separate compartment.
(2) Drver
The dryer shall be the type that continually agitates
the aggregate during heating and in which the
temperature can be so controlled that the aggregate
r'
will not be injured in the necessary drying and heating
operations required to obtain a mixture of the
specified temperature. The burner, or combination of
burners, and type of fuel used shall be such that in
the process of heating the aggregate to the desired or
specified temperature, no residue from the fuel shall
adhere to the heated aggregate. A recording thermometer
shall be provided which will record the temperature of
the aggregate prior to the mixing operation. The dryer
shall be of sufficient size to keep the plant in
r-
continuous operation.
(3) Screening and Proportioning
The screening capacity and size of the hot aggregate
bins shall be sufficient to screen and store the amount
of aggregate required to properly operate the plant and
to keep the plant in continuous operation at full
w capacity. The hot bins shall be constructed so that
oversize and overload material will be discarded
,•• through overflow chutes. Provisions shall be made to
enable inspection forces to have easy and safe access
t IV-11
to the proper location on the mixing plant where
representative samples may be taken from the hot bins
for testing. The plant shall be equipped with at least
three hot bins. The aggregate shall be separated into
the number of bins indicated on the plans or as
directed by the Engineer.
(4) Aggregate Weigh Box and Batching Scales
The aggregate weigh box and batching scales shall be of
sufficient capacity to hold and weigh a complete batch
of aggregate. The weigh box and scales shall conform to
the requirements of T.H.D. Item 520,1982, "Weighing and
Measuring Equipment."
(5) Asphaltic Material Bucket and Scales
The asphaltic material bucket and scales shall be of
sufficient capacity to hold and weigh the necessary
asphaltic material for one batch. If the material is
measured by weight, the bucket and scales shall conform
to the requirements of the Item, "Weighing and
Measuring Equipment." If a pressure type flow meter is
used to measure the asphaltic material, the
requirements of T.H.D. Item 520, 1982, "Weighing and
Measuring Equipment," shall apply .
(6) Mixer
The mixer shall be of the pugmill type and shall have a
capacity of not less than 3,000 pounds (of natural
aggregate mixture) in a single batch, unless otherwise
shown on the plans. The number and position of blades
shall provide a uniform mix. The mixer shall be
equipped with an approved spray bar that will
distribute the asphaltic material quickly and uniformly
throughout the mixer. Any mixer that segregates the
mineral aggregate or fails to secure a thorough and
uniform mixture with asphaltic material shall not be
used. This shall be determined by mixing the standard
batch for the required time, then dumping the mixture,
taking samples from its different parts and testing by
Test Method Tex-210-F to show that the batch is uniform
throughout. All mixers shall be provided with an
automatic time lock that will lock the discharge doors
of the mixer for the required mixing period. The dump
door or doors and the shaft seals of the mixer shall be
tight enough to prevent spilling of aggregate or
mixture from the mixer.
(7) Surge -Storage System
IV-12
1
A surge -storage system may be used. It shall be
adequate to minimize production interruptions during
the normal days operation. A device such as a gob
hopper or other similar devices approved by the
Engineer to prevent segregation in the surge -storage
r.. bin will be required. If the Contractor elects to use a
surge -storage system, scales conforming to the
requirements outlined herein will be required.
(8) Scales
Scales may be standard platform truck scales or other
►� equipment such as weigh hopper (suspended) scales
approved by the Engineer. All scales shall conform to
the item, "Weighing and Measuring Equipment". If truck
r. scales are used, they shall be placed at a location
approved by the Engineer. If other weighing equipment
is used, the Engineer may require weight checks by
truck scales for the basis of approval of the
equipment.
B. Continuous Mixing Type
(1) Cold Aggregate Bin and Proportioning Device
Same as for weigh -batch type of plant.
( 2 ) Dryer
Same as for weigh -batch type of plant.
(3) Screening and Proportioning
r
Same as for weigh -batch type of plant.
(4) Hot Aggregate Bin
The hot bins shall be so constructed that oversize
and overload material will be discarded through an
overflow chute. Hot aggregate bins that become
deficient in material shall activate a switch that
automatically stops the plant until proper
adjustments are made.
(5) Hot Aggregate Proportioning Device
The hot aggregate proportioning device shall be so
designed that when properly operated, a uniform and
continuous flow of aggregate into the mixer will be
maintained.
IV-13
(6) Asphaltic Material Spray Bar
The asphaltic material spray bar shall be so
designed that the asphalt will spray uniformly and
continuously into the mixer.
(7) Asphaltic Material Meter
An asphaltic material recording meter meeting the
requirements of the THD Item 520, "Weighing and
Measuring Equipment", shall be placed in the
asphalt line leading to the spray bar so that the
cumulative amount of asphalt used can be accurately
determined. Provisions of a permanent nature shall
be made for checking the accuracy of the meter
output. The asphalt meter and line to the meter
shall be protected with a jacket of hot oil or
other approved means to maintain the temperature of
the line and meter at or near that temperature
specified for the asphaltic material. Unless
otherwise shown on the plans, the temperature of
the asphaltic material enteEing the recording meter
shall be maintained at ± 10 F of the temperature at
which the asphalt metering pump was calibrated and
set. Inability to maintain this tolerance in
temperature shall result in an adjustment of the
pay quantity for the asphaltic material.
If a pressure type flow meter is used to measure
the asphaltic material, the requirements of the
THD Item 520, "Weighing and Measuring Equipment"
shall apply.
( 8 ) Mixer
The mixer shall be of the pugmill continuous type
and shall have a capacity of not less than 40 tons
of mixture per hour. Any mixer that has a tendency
to segregate the aggregate or fails to secure a
thorough and uniform mixing of the aggregate with
the asphaltic material shall not be used. The dam
gate at the discharge end of the pugmixer and/or
pitch of the mixing paddles shall be so adjusted to
maintain a level of mixture in the pugmixer
between the shaft and the lower paddle tip (except
at the discharge end).
(9) Surge Storage System
A surge storage system may be used. It shall be
adequate to minimize production interruption during
IV-14
4
l the normal day's operation. A device such as a gob
hopper or other similar devices approved by the
r Engineer to prevent segregation in the surge
-storage bin will be required. If the Contractor
elects to use a surge storage system, scales
r conforming to the requirements outlined herein will
be required.
(10) Scales
Scales may be standard platform truck scales or
other equipment such as weigh hopper (suspended)
scales approved by the Engineer. All scales shall
conform to the THD Item 520, "Weighing and Measuring
Equipment." If truck scales are used, they shall be
placed at a location approved by the Engineer. If
other weighing equipment is used, the Engineer may
require weight checks by truck scales for the basis
of approval of the equipment.
C. Drum Mix Plant
r.
Unless otherwise shown on the plans, the Contractor may, at
his option elect to use the drum mixing process in the
mixing of asphalt stabilized base material. The plant shall
be adequately designed and constructed for the process of
mixing aggregates and asphalt in the dryer -drum without
preheating the aggregates. The plant shall be equipped with
satisfactory conveyors, power units, aggregate handling
equipment and feed controls and shall consist of the
following essential pieces of equipment.
and Feed System
(1) cold Aggregate Bin and Feed System
The number of compartments in the cold aggregate bin
shall be equal to or greater than the number of
T"
stockpiles of individual materials to be used.
The bin shall be of sufficient size to store the amount
of aggregate required to keep the plant in continuous
operation and of proper design to prevent overflow of
material of one bin to that of another bin. The feed
system shall provide a uniform and continuous flow of
r aggregate in the desired proportion to the dryer. Each
aggregate shall be proportioned in a separate
compartment with total and proportional control.
r
The system shall provide positive weight measurement of
the combined cold -aggregate feed by use of belt scales
Iwo or other approved devices. Provisions of a permanent
nature shall be made for checking the accuracy of the
r
4
IV-15
k
measuring device as required by the Item, "Weighing and
Measuring Equipment". When a belt scale is used,
mixture production shall be maintained so that the
scale normally operates between 50 percent and 100
percent of its rated capacity. Belt scale operation
below 50 percent of the rated capacity may be allowed
by the Engineer if accuracy checks show the scale to
meet the requirements of the THD Item 520, "Weighing
and Measuring Equipment", at the selected rate and it
can be satisfactory demonstrated to the Engineer that
mixture uniformity and quality have not been adversely
affected.
(2) Scalping Screen
A scalping screen shall be required, unless otherwise
shown on the plans, and shall be located ahead of any
weighing device.
(3) Asphaltic Material Measuring System
An asphaltic material measuring device meeting the
requirements of the item, "Weighing and Measuring
Equipment,' shall be placed in the asphalt line leading
to the dryer -drum mixer so that the cumulative amount
of asphalt used can be accurately determined.
Provisions of a permanent nature shall ,be made for
checking the accuracy of the measuring device output.
The asphalt measuring device and line to the measuring
device shall be protected with a jacket of hot oil or
other approved means to maintain the temperature of the
line and measuring device near that temperature
specified for asphaltic material. Unless otherwise
shown on the plans, the temperature of the asphaltic
material entering the measuring device shall be
maintained at ±10�F of the temperature at which the
asphalt measuring device was calibrated and set.
If a pressure type flow meter is used to measure the
asphaltic material, the requirements of the THD Item
520, "Weighing and Measuring Equipment", shall apply.
(4) Synchronization Equipment for Feed Control
System
The asphaltic material feed control shall be coupled
with the total aggregate weight measurement device in
such manner as to automatically vary the asphalt feed
as required to maintain the required proportion.
(5) Drum Mix
IV-16'
1
The drum mixing system shall be of the type that
continually agitates the aggregate and asphalt mixture
during heating and in which the temperature can be so
controlled that the aggregate and asphalt will not be
damaged in the necessary drying and heating operations
required to obtain a mixture of the specified
temperature. A continuously recording thermometer shall
be provided which will indicate the temperature of the
mixture as it leaves the drum mixer.
(6) Surge Storage System
A surge storage system will be required. It shall be
adequate to minimize the production interruptions
during the normal day's operations and shall be so
constructed to minimize segregation. A device such as a
gob hopper or other similar device approved by the
Engineer to prevent segregation in the surge -storage
bin will be required.
(7) Scales
Scales may be standard platform truck scales, belt
scales or other equipment such as weigh hopper
(suspended) scales approved by the Engineer. All scales
shall conform to the THD Item 520, "Weighing and
Measuring Equipment." If truck scales are used, they
shall be placed at a location approved by the Engineer.
If other weighing equipment is used, the Engineer may
require weight checks by truck scales for the basis of
approval of the equipment.
D. Asphaltic Material Heating Equipment
Asphaltic material heating equipment shall be adequate to
heat the amount of asphaltic material required to the
desired temperature. Asphaltic material may be heated by
steam coils which shall be absolutely tight. Direct fire
heating of asphaltic materials will be permitted, provided
the heater used maintains a positive circulation of the
asphalt throughout the heater without damage to the
asphalt. Agitation with steam or air will not be permitted.
The heating apparatus shall be equipped with a recording
thermometer with a 24-hour chart that will record the
temperatures of the asphaltic material at the highest
temperature.
E. Spreading And Finishing Machine
The spreading and finishing machine shall be of a type
approved by the Engineer, shall be capable of producing a
IV-17
surface that will meet the requirements of the typical
cross section and the surface test, when required, and when
the mixture is dumped directly into the finishing machine
shall have adequate power to propel the delivery vehicles
in a satisfactory manner. The finishing machine shall be
equipped with a flexible spring and/or hydraulic type hitch
sufficient in design and capability to maintain contact
between the rear wheels of the hauling equipment and the
pusher rollers of the finishing machine while the mixture
is being unloaded.
The use of any vehicle which requires dumping directly into
the finishing machine and which the finishing machine
cannot push or propel in such a manner as to obtain the
desired lines and grades without resorting to hand
finishing will not be allowed. Vehicles dumping directly
or indirectly into the finishing machine shall be so
designed and equipped that unloading into the finishing
machine can be mechanically and/or automatically operated
in such a manner that overloading the finishing machine
being used cannot occur and the required lines and grades
will be obtained without resorting to hand finishing.
Unless otherwise shown on the plans, dumping of the
asphaltic mixture in a_windrow and then placing the mixture
in the finishing machine with loading equipment will be
permitted provided that the loading equipment is
constructed and operated in such manner that substantially
all of the mixture deposited on the roadbed is picked up
and loaded in the finishing machine without contamination
by foreign material of the mixture and excessive
temperature loss is not encountered. The loading equipment
will be so designed and operated that the finishing machine
being loaded will obtain the required line, grade and
surface without resorting to hand finishing. Any operation
of the loading equipment resulting in the accumulation and
subsequent shedding of this accumulated material into the
asphaltic mixture will not be permitted.
Automatic screed controls, if required, shall meet the
requirements of the THD Item 528, "Automatic Screed
Controls for Asphaltic Concrete Spreading and Finishing
Machines".
F. Rollers
It shall be the responsibility
rolling equipment available on
the paving mixture in place as
the laydown operation. Rollers
qualifications for their type
IV-18
of the Contractor to have
the job to properly compact
required without delay to
provided shall meet the
as follows:
{
tr a
Z t
(1) P 1 (Required Pneumatic Tire Rollers Re uired on all Black
Base and Hot Mix Surfacing)
The rollers shall be acceptable medium pneumatic tire
rollers conforming to the requirements of the Item,
�• "Rolling (Pneumatic Tires)," Type B, unless otherwise
specified on the plans.
(2) Two Axle Tandem Roller (Required on All Hot Mix
Surfacing)
This roller shall be an acceptable power driven tandem
roller weighing not less than 8 tons.
(3) Three Wheel Roller (Required on All Black Base
and Hot Mix Surfacing)
This roller shall be an acceptable power driven three
wheel roller weighing not less than 10 tons.
(4) Three Axle Tandem Roller
This roller shall be an acceptable power driven three
axle roller weighing not less than 10 tons.
(5) Trench Roller
This roller shall be an acceptable power -driven trench
roller equipped with sprinkler for keeping the wheels
wet and adjustable road wheel so that the roller may be
kept level during rolling. The drive wheel shall be not
less than 20 inches wide. The roller under working
conditions shall produce 325 pounds per linear inch of
roller width and be so geared that a speed of 1.8 miles
per hour is obtained in low gear.
(6) Vibratory Steel -Wheel Roller (Required on all
Black Base)
This roller shall have a minimum weight of 6 tons. The
compactor shall be equipped with amplitude and
frequency controls and specifically designed to compact
the material on which it is used, and shall be operated
in accordance with the manufacturer's recommendations
or as directed by the Engineer.
(7) Straightedges and Templates
When directed by the Engineer, the Contractor shall
provide acceptable 10-foot straightedges for surface
` IV-19,
testing. Satisfactory templates shall be provided as
required by the Engineer. .�
(8) Alternate Equipment
When permitted by the Engineer in writing, equipment
other than that specified which will consistently
produce satisfactory results may be used.
(9) Inspection
It will be the Contractor's responsibility to provide
safe and accurate means to enable inspection forces to
take all required samples, and to provide permanent
means for checking the output of any specified metering
device and to perform the calibration checks as
required by the Engineer.
G. Stockpiling, Storage, Proportioning And Mixing
(1) Stockpiling of Aggregates
Prior to mixing operations with asphaltic material,
processed mineral aggregate shall be stockpiled on an
area previously cleared of trash, weeds and grass and
smoothed as directed by the Engineer. The aggregate
stockpiles shall be not less than 10 feet in height and
constructed in layers not exceeding 18 inches in depth
or as directed by the Engineer. The plant shall have
and maintain at least a two-day supply of aggregates on
hand, unless otherwise directed by the Engineer.
Material shall be stockpiled in such a manner as to
prevent segregation of aggregate and mixing of
aggregates from stockpiles and/or sources. More than
one stockpile will be permitted unless otherwise shown
on plans. The gradation requirements for the
individual stockpiles and proportioning from these
stockpiles will be the Contractor's responsibility as
approved by the Engineer.
(2) Storage and Heating of Asphaltic Materials
The asphaltic material storage shall be ample to meet
the requirements of the plant. Asphalt shall not be
heated to a temperature in excess of that specified in
THD Item 300, "Asphalts, Oils and Emulsions". All
equipment used in the storage and handling of asphaltic
material shall be kept in a clean condition at all
times and shall be operated in such manner that there
will not be contamination with foreign matter.
IV-20
The feeding of various sizes of aggregate to the dryer
shall be done through the cold aggregate bin and
proportioning device in such'a manner that a uniform
and constant flow of materials in the required
proportions will be maintained. The aggregate shall be
dried and heated to the temperature necessary to
produce a mixture having the specified temperature. In
no case shall the aggregate be introduced into the
mixture unit at a temperature more than 4000 F.
r
(4) Proportioning
The proportioning of the various materials entering the
asphaltic mixture shall be the responsibility of the
r
Contractor as approved by the Engineer and in
accordance with these specifications. The asphaltic
material and aggregates may be proportioned by weight
r
or by volume based on weight using the specified
t
equipment.
(5) Mixing
(a) Weigh -Batch Type Mixer
In the charging of the weigh box and in the
t
charging of the mixer from the weigh box such
methods or devices shall be used as are necessary
to secure a uniform asphalt mixture. In
introducing the batch into the mixer, all mineral
aggregate shall be introduced first and shall be
,.,
mixed thoroughly for a period of 5 to 20 seconds,
or as directed, to uniformly distribute the various
sizes throughout the batch before the asphaltic
material is added. The asphaltic material shall
then be added and the mixing continued for a total
mixing period of not less than 30 seconds. This
mixing period may be increased, if in the opinion
r-
of the Engineer, the mixture is not uniform. The
differential in temperature of the aggregates and
the asphalt as they enter the pugmixer shall not
_
exceed 250 F.
Temporary storing or holding of the asphaltic
mixture by the surge -storage system may be used
during the normal day's operation. Overnight
storage will not be permitted unless authorized in
the plans or in writing by the Engineer. The
mixture coming out of the surge storage bin must be
of equal quality to that coming out of the mixer.
IV-21
(b) Continuous -Type Mixer
The amount of aggregate and asphaltic material
entering the mixer and the rate of travel through
the mixer shall be so coordinated that a uniform
mixture of the specified grading and asphalt
content will be produced. The differential in
temperature of the aggregates and the asphalt as
they enter the pugmixer shall not exceed 250 F.
Checks on asphalt used shall be made at least twice
daily comparing the asphalt used in ten loads of
completed mix as shown on the asphalt recording
meter and the design amount for these ten loads.
The acceptable percent of variation between the
asphalt used and the design amount will be as shown
on the plans or as determined by the Engineer.
Temporary storing or holding of the asphaltic
mixture by the surge -storage system may be used
during the normal days operation. Overnight
storage will not be permitted unless authorized in
the plans or in writing by the Engineer. The
mixture coming out of the surge -storage bin must be
of equal quality to that coming out of the mixer.
(c) Drum -mix Plant
The amount of aggregate and asphaltic material
entering the mixer and the rate of travel through
the mixing unit shall be so coordinated that a
uniform mixture of the specified grading and
asphalt content will be produced.
Temporary storing or holding of the asphaltic
mixture by the surge -storage system will be
required during the normal day's operation.
Overnight storage will not be permitted unless
authorized in the plans or in writing by the
Engineer. The mixture coming out of the surge
storage -bin must be of equal quality to that coming
out of the mixer. The mixture, when discharged
from the plant, shall have a moisture content not
greater than 1 percent by weight unless otherwise
shown on the plans and/or specified by the
Engineer. The moisture content shall be determined
in accordance with Test Method Tex-212-F. Part II.
The mixture produced from each type of mixer shall
not vary from the specified mixture by more than
the tolerances herein specified.
IV-22
The asphaltic mixture from each type of mixer shall
be at a temperature between 3000 F and 3500 F when
discharged from the mixer. The Engineer will
approve the temperature within the above
limitations, and the mixture when discharged from
the mixer shall not vary from this selected
temperature more than 250 F.
H. Construction Methods
(1) Temperature Requirements
A. HMAC - November 1 until April 1
1. The asphaltic mixture shall not be placed when the
air temperature is below 550 F and falling.
2. The asphaltic mixture may be placed when the air
temperature is above 500 F and rising.
B. HMAC - April 1 until November 1
1. The asphaltic mixture shall not be placed when the
air temperature is below 500 F and falling.
2. The asphaltic mixture may be placed when the air
temperature is above 450 F and rising.
C. Asphalt Stabilized Base
1. The asphaltic mixture shall not be placed when the
air temperature is below 450 F and falling.
2. The asphaltic mixture may be placed when the air
temperature is above 40° F and rising.
The engineer may use his discretion to require a cover over
the asphaltic mixture when being hauled from the plant to
the job site. The air temperature shall be taken in the
shade away from artificial heat or as reported by the
National Weather Service on their hourly report (Telephone
No. 762-0141). It is further provided that the prime coat,
tack coat or asphalt stabilized base shall be placed only
when the general weather conditions and temperature and
moisture conditions of the subbase or subgrade,in the
opinion of the Engineer, are suitable.
If, after being discharged from the mixer and prior to
placing, the temperature of the asphaltic mixture is 250 F
or more below the temperature approved by the Engineer, all
IV-23
F
or any part of the load may be rejected and payment will
not be made for the rejected material.
(2) Prime Coat
The prime coat shall consist of an application of 0.25
gallons per square yard of MC asphalt. The asphalt
stabilized base shall not be applied on a previously primed
course until the prime coat has completely cured to the
satisfaction of the Engineer.
(3) Tack Coat
Before the asphaltic mixture is laid, the surface upon
which the tack coat is to be placed shall be cleaned
thoroughly to the satisfaction of the Engineer. The surface
shall be given a uniform application of tack coat using
asphaltic materials of this specification. This tack coat
shall be applied, as directed by the Engineer, with an
approved sprayer at a rate not to exceed 0.10 gallon per
square yard of -surface. Where the 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 coat of the
asphaltic material meeting the requirements for tack coat.
The tack coat shall be rolled with a pneumatic tire roller
when directed by the Engineer.
(4) Transporting
The asphaltic mixture, prepared as specified above shall be
hauled to the work in tight vehicles previously cleaned of
all foreign material. The dispatching of the vehicles shall
be arranged so that all material delivered may be placed,
and all rolling shall be completed during daylight hours.
The inside of the truck body may be given a light coat of
oil, lime slurry or other material satisfactory to the
Engineer, if necessary, to prevent mixture from adhering to
the body. In cool weather or for long hauls, canvas covers
and insulating of truck bodies may be required. Vehicles of
the semi -trailer type are prohibited.
(5) Placing
Generally, the asphaltic mixture shall be dumped and spread
on the approved prepared surface with the specified
spreading and finishing machine, in such a manner that when
properly compacted, the finished course will be smooth, of
uniform density, and will conform with the typical sections
shown on the plans and to the lines and grades established
IV-24
Zwi
/-A t:.}
by the Engineer. During the application of asphaltic
material, care shall be taken to prevent splattering of
adjacent pavement, curb and gutter and structures.
I
The mixture shall be spread and compacted in layers or
lifts as specified on the plans or as directed by the
Engineer. The sequence of compacting shall be such that
undue displacement of the edge of the course does not
occur. On deep lifts, the edge of the course may be rolled
with a motor grader wheel or similar equipment or supported
by blading a roll of earth against the edge of the course
prior to compacting the surface.
When the asphaltic mixture is placed in a narrow strip
along the edge of an existing pavement, or used to level up
small areas of an existing pavement or placed in small
irregular areas where the use of a finishing machine is not
practical, the finishing machine may be eliminated when
authorized by the Engineer, provided a satisfactory surface
can be obtained by other approved methods.
I. Compacting
(1) As directed by the Engineer, the asphalt stabilized
base shall be compacted thoroughly and uniformly with
the specified rollers. In lieu of the rolling equipment
specified, the Contractor may, upon written permission
from the Engineer, operate other compacting equipment
that will produce equivalent relative compaction as the
specified equipment. If the substituted compaction
equipment fails to produce the desired compaction as
would be expected of the specified equipment, as
determined by the Engineer, its use shall be
discontinued. When directed by the Engineer, the
initial compaction shall be accomplished with pneumatic
tire rollers.
r
r
(2) When rolling with the three wheel, tandem, or vibratory
rollers, rolling shall start longitudinally at the
�^
sides and proceed toward the center of the pavement,
overlapping on successive trips by at least half the
width of the rear wheel unless otherwise directed by
the Engineer. Alternate trips of the roller shall be
slightly different in length. On super -elevated
curves, rolling shall begin at the low side and
progress toward the high side unless otherwise directed
r*
by the Engineer. When rolling with vibratory steel
wheel rollers, the manufacturer's recommendation shall
be followed unless directed otherwise by the Engineer.
r"
Rolling with pneumatic -tire roller shall be done as
r'
directed by the Engineer. Rolling shall be continued
IV-25
r
4
until no further increase in density can be obtained
and all roller marks are eliminated. The motion of the
roller shall be slow enough at all times to avoid
displacement of the mixture. If any displacement
occurs, it shall be corrected at once by the use of a
rake, and of fresh mixtures where required. The roller --
shall not be allowed to stand on any portion of the
pavement mixture which has not been fully compacted.
To prevent adhesion of the mixture to the roller, the _
wheels shall be kept thoroughly moistened with water,
but an excess of water will not be permitted. All
rollers must be in good mechanical condition.
Necessary precautions shall be taken to prevent the "-
dropping of gasoline, oil, grease or other foreign
matter on the roadway, either when the rollers are in
operation or when standing.
Hand Tamping
The edges of the pavement along curbs, headers and
similar structures, and all places not accessible to
the roller, or in such positions as will not allow
thorough compaction with the rollers, shall be
thoroughly compacted with lightly oiled.tamps.
J. Surface Finish
The compacted material shall conform to the typical cross
sections, lines and grades as shown on plans and directed
by the Engineer and shall have a smooth surface with a
reasonably uniform texture acceptable to the Engineer.
Unacceptable finished surfaces may be corrected by the
placement of additional mixture, all at the expense of the
Contractor.
K. Protection Of The Work And Opening To Traffic
The completed asphalt stabilized base course shall be
opened to traffic as provided by the plans and as directed
by the Engineer. All construction traffic allowed on the
base course shall comply with the State laws governing
traffic on highways unless otherwise authorized by the
Engineer. When another roadway surface is provided for the
traveling public and construction traffic through the
project, the Engineer may prohibit traffic on the completed
base course.
L. Surface Density Test
IV-26'
City personnel will provide density test and results
throughout the construction process at no cost to the
contractor.
Samples of the completed pavement shall be removed from
locations designated by the Engineer to enable him to
determine the composition, compaction, and density of the
pavement. Samples for each day or fraction thereof shall
be taken by City personnel. The contractor shall replace
the pavement removed from core holes at no cost to the
City. If the pavement is deficient in composition,
compaction, or thickness, satisfactory correction shall be
made as directed by the Engineer.
9. ASPHALTS
Asphalts for use on this project shall comply with Texas State
Highway Department Specification, Item 300.
10. HOT MIX ASPHALTIC CONCRETE SURFACE
(A) Aggregate
(1) General
The mineral aggregate shall be composed of coarse
aggregate, a fine aggregate, and if required, a mineral
filler. Samples of coarse aggregate, fine aggregate and
mineral filler shall be submitted to the City of Lubbock
Testing Laboratory for testing and approval by the
Engineer. Approval of other material and of the source
of supply must be obtained from the Engineer prior to
delivery.
The combined mineral aggregate, after final processing
by the mixing plant, and prior to addition of asphalt
and mineral filler, shall have a sand equivalent value
of not less than 40,-unless otherwise shown on the
plans when tested in accordance with ASTM D-2419.
The percent of flat or elongated slivers of stone for
any course shall not exceed 25%, when tested in
accordance with Test Method Tex-224-F.
Aggregate that appears susceptible to film stripping
when tested in accordance with ASTM D-1075, minimum 70%
index of retained strength and tested in accordance with
AASHTO T-283, minimum 70% tensile strength ratio, shall
�.. be rejected or conditioned with an anti -stripping agent
r as approved by the Engineer.
IV-27
Prior to stockpiling of aggregates the area shall be
cleaned of trash, weeds and grass and be relatively
smooth. Aggregates shall be separated into stockpiles
of different gradation, such as a large coarse
aggregate, and a small coarse aggregate stockpile such
that the grading requirements of the specified type will
be met when the piles are combined in the asphaltic
mixture. No coarse aggregate stockpile shall contain
more than 10 percent by weight of materials that will
pass a No. 10 sieve except as noted on the plans or
provided for by special provision. Fine aggregate
stockpiles may contain small coarse aggregate in the
amount of up to 15 percent by weight, (100 percent of
which shall pass a 1/4 inch sieve). However, the
coarse aggregate shall meet the quality tests specified
herein for "Coarse Aggregates." Suitable equipment of
acceptable size shall be furnished by the Contractor to
work the stockpiles and prevent segregation of the
aggregates.
If the Contractor utilizes an asphalt continuous mix
plant, the various aggregate stockpiles of different
gradation will be stockpiled in the same manner as
described for stockpiling of aggregate for asphalt
stabilized base. That is, the stockpiling of the
aggregate shall be made up of layers of material not to
exceed two feet in height of each layer. The edge of
each succeeding layer shall extend inward so as not to
overlap the edge of the layer below. In loading from
the stockpile, the material shall be loaded by making
successive vertical cuts through the entire depth of the
stockpile.
(2) Coarse Aggregate
The coarse aggregate shall be that part of the aggregate
retained on a No. 10 sieve; shall consist of clean,
tough, durable fragments of crushed stone of uniform
quality throughout; mixing or combining crushed gravel
and crushed stone will not be permitted. The aggregate
shall be crushed to the extent that produces a minimum
of 85% crushed faces when tested in accordance with Test
Method (Tex-460-A). The aggregate shall have a maximum
of 30% loss when subjected to 5 cycles ofthe Magnesium
Sulfate Soundness Test (A.S.T.M. C-88-83).
When coarse aggregate is tested in accordance with Test
Method Tex-217-F, the amount of organic matter, clays,
loams or particles coated therewith or other undesirable
materials shown on the plans shall not exceed 2 percent.
IV-28
B
When it is specified that the coarse aggregate be
sampled during delivery to the plant, from the
stockpile, or from the cold bin, the material removed
when tested in accordance with test method Tex.-217-F
(Part II, Decantation), shall not exceed 2 percent. The
plasticity index of that part of the fine aggregate
contained in the coarse aggregate passing the No. 40
sieve shall not be more than 6 when tested by ASTM
D-4318. However, where the coarse aggregate
contains less than 5%'of fine aggregate and the fine
s aggregate is of the same or similar material as the
coarse aggregate, the P.I. requirements for the material
r passing the No. 40 sieve may be waived by the Engineer
in writing.
When it is specified that the coarse aggregate be
sampled from the hot bins and tested in accordance with
Test Method Tex-217-F (Part II Decantation), the amount
of material removed shall not exceed 1 percent.
Tests performed as specified herein represent material
processed or placed until a subsequent test is
performed.
The coarse aggregate shall have an abrasion of not more
than 40 percent loss by weight when subjected to the Los
Angeles Abrasion Test, ASTM C-131. Coarse
aggregate from each source shall meet the abrasion
requirements specified.
(3) Fine Aggregate
The fine aggregate shall be that part of the aggregate
passing the No. 10 sieve and shall consist of sand or
screenings or a combination of sand and screenings.
The plasticity index of that part of the sand passing
the No.40 sieve shall not be more than 6 when tested in
accordance with ASTM D-4318. The plasticity index of
that part of the screenings passing the No. 40 sieve
shall not be more than 9, unless otherwise shown on
plans, when tested by ASTM D-4318. Fine aggregate from
each source shall meet plasticity requirements.
Sand shall be composed of durable stone particles free
from injurious foreign matter. Screenings shall be of
the same or similar material as specified for coarse
aggregate.
(4) Mineral Filler
IV-29
r,
The mineral filler shall consist of thoroughly dry stone
dust, slate, dust, portland cement or other mineral dust
approved by the Engineer. The mineral filler shall be
free from foreign and other injurious matter.
When tested by ASTM D-242
it shall meet the following grading
requirements:
Per Cent
By Weight
Passing a No. 30 sieve 100
Passing a No. 80 sieve
95 to 100
Passing a No. 200 sieve 70 to 100
(B) Asphaltic Material
(1) Asphalt for Paving Mixtures
Asphalt for the paving mixtures shall be of the
types of oil asphalt as determined by the Engineer.
The grade of asphalt used shall be as designated by
the Engineer after design tests have been made using
the mineral aggregates that are to be used in the
project. If more than one type of asphaltic concrete
mixture is specified for the project, only one grade
of asphalt will be required for all types of
mixtures, unless otherwise shown on plans. The
Contractor shall notify the Engineer of the source
of his asphaltic material prior to production of the
asphaltic mixture and this source shall not be
changed during the course of the project except by _
written permission of the Engineer.
(2) Tack Coat
The asphaltic material for tack coat shall meet the
requirements for Cut -Back Asphalt RC-2, or shall be
a Cut -Back Asphalt made by combining 50 to 70
percent by volume of the asphaltic material as
specified for the type of paving mixture with 30 to
50 percent by volume of gasoline and/or kerosene. If
RC-2 Cut -Back Asphalt is used, it may, upon
instructions from the Engineer, be diluted by
addition of an approved grade of gasoline and/or
kerosene, not to exceed 15 percent by volume.
IV-30
(C) Paving Mixtures
TyPes
The paving mixture shall consist of a uniform mixture of
coarse aggregate, fine aggregate and asphaltic material.
The grading of each constituent of the mineral aggregate
shall be well graded from coarse to fine and shall not
vary from the low limit on one sieve to the high limit on
the adjacent sieve, or vice versa. The final designated
gradations shall produce a relatively smooth curve when
plotted on a 0.45 power semilogarithmic gradation chart
when tested in accordance with ASTM C-136.
(1) Master Gradation Specifications
Mixture Type
City of Lubbock (C.O.L.)
Sieve Type "C" Type "D"
Size (Residential Traffic
Only)
Percent by Weight Passing Sieves
1"
100
---
3/4"
98-100
---
1/2"
81-93
100
3/8"
65-85
85-100
No.4
43-63
50-70
No.8
33-45
35-47
No.16
22-34
23-35
No.30
13-27
14-29
No.50
7-19
8-20
No.100
3-11
4-12
No.200
1-6
1-6
Bitumen percent 4.0 - 7.5 4.0 - 7.5
(of total mix)
(D) Laboratory Control
If the Contractor or supplier wishes to use a material or
location not previously approved by the City of Lubbock,
he will be required to request approval in writing of the
material not less than 60 days prior to anticipated use
of the material. The City of Lubbock 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 City Engineer. .
IV-31
r
The City of Lubbock will utilize its own testing
laboratory to monitor the plant mixing for Black Base and
Hot Mix. This laboratory control will be provided by the
City of Lubbock. A representative of the City Engineer
will be at the plant with full authority to control the
mixing operation.
In those instances where irregularities occur and the
limits of the specification are exceeded for aggregate,
black base, or hot mix, appropriate corrections will be
required.
(E) Tolerances
The Engineer will designate the exact grading of the
aggregate and asphalt content to be used in the mixture
(Job Mix Formula). The paving mixture produced shall not
vary from the designated grading and asphalt content by
more than the tolerances allowed herein and shall remain
within the limitation of the master grading specified.
The respective tolerances, based on the percent by weight
of the mixture, are listed as follows:
Percent by weight
Material Tolerance Plus or Minus
Aggregate passing No. 4 sieve
or larger
Aggregate passing Nos. 8,16,30,
50 sieves
Aggregate passing Nos. 100 & 200
sieves
Bitumen
4 percent
3 percent
2 percent
0.25 percent
(F) Extractionj Gradation Tests And Design Criteria
(1) Samples of the mixture when tested in accordance with
ASTM D-2172 shall not vary from the grading
proportions of the aggregate and the asphalt content
designated by the Engineer by more than the
respective tolerance specified above. (See Section
IV-7-C (1) for methods of extraction of asphalt)
During construction, if grading or asphalt content
exceeds the tolerances stated herein, production will
be discontinued until such time as the Hot -Mix
Asphaltic'Concrete mixture has been corrected and
IV-32'
subsequent grading and extraction tests indicate
results within the tolerance stated herein. All Hot -
Mix Asphaltic Concrete mixture so constructed, which
exceeds the tolerances as stated herein will be
removed and replaced at no cost to the owner.
?~ (2) Design Method
Thoroughfare Residential
Traffic Traffic
Min. Max. Min. Max.
Marshall Method
No. of compaction blows,
each end of specimen 75 50
Stability, Lbs. 1800 --- 1200 ---
Flow, units of 0.01 in 8 14 8 18
Air Voids
Surfacing or Leveling 3 5 3 5
�..
Percent Voids in
l
Mineral Aggregate 13 --- 14 ---
I
(3) Sampling and Testing
It is the intent of this specification that the
mixture will be designed to produce a mixture of
optimum density and stability, as determined by the
Engineer, when tested in accordance with thes6
specifications and applicable ASTM procedures.
t
Samples of the completed pavement shall be removed
from locations designated by the Engineer to enable
r"
him to determine the composition, compaction, and
density of the pavement.Samples for each day or
fraction thereof shall be taken by City personnel.
The contractor shall replace the pavement removed
from core holes at no cost to the City. If the
pavement is deficient in composition, compaction, or
thickness, satisfactory correction shall be made as
r,
directed by the Engineer.
f^
Tests on Marshall specimens shall be made twice daily or as
directed by the Engineer to retain job control. The
mixture shall comply with the requirements of Table (2)
above when tested in accordance with the Marshall method
in Chapter III the Asphalt
procedures contained of
I
IV-33*
Institute's Manual Series No. 2 (MS-2), current addition.
If the laboratory stability and/or field tests of the
mixture produced has a value lower than that specified, and
in the opinion of the Engineer is not due to change in
source or quality of materials, production may proceed, and
the mix shall be changed until the laboratory/field tests
equals or exceeds the specified values. If there is, in the
opinion of the Engineer, an apparent change in any material
from that used in the design mixtures, production will be
.discontinued until a new design mixture is determined by
trial mixes.
11. SILO STORAGE
A silo storage system may be used during the normal day s
operation. The mixture coming out of the silo storage must be
of equal quality and temperature to that coming out of the
mixing plant. Any operation that has tendency to segregate
the mixture or fails to maintain a thorough and uniform
mixture and temperature shall not be used. If any load of
mixture coming out of the silo storage system fails to meet
the asphalt specifications or gradation requirements, then
the total contents of the silo storage system shall be
condemned.
12. BARRICADES AND SIGNS
Barricades shall be constructed of clean, sound lumber, shall
be of first-class workmanship, and all surfaces above ground
shall be painted with an approved brand of white paint to
secure thorough coverage and a uniform white color. In no
case shall less than two coats be used. The paint for
barricade stripes shall be reflective orange and reflective
white. All dimensions, striping, lighting, painting, coloring
and placement of barricades shall be in accordance to the
details and design as set forth in the Texas Manual on
UNIFORM -TRAFFIC CONTROL DEVICES for Street and Highways, Part
VI, issued in May, 1983.
The Contractor shall maintain each barricade in a neat
acceptable condition and furnish replacements when necessary
or requested by the Engineer.
Each sign shall be displayed only for the specific purpose
prescribed for it. Before any detour or temporary route is
open to traffic all necessary Regulatory, Warning and Guide
signs shall be in place.
Signs required by temporary conditions or restrictions shall
be removed immediately when those conditions cease to exist
IV-34
or the restrictions are withdrawn. Guide signs directing
9
traffic to and on temporary routes or detours shall be
removed when no longer applicable.
Standardization is important with respect to design and
placement, and uniformity of application is equally
important. Identical conditions should always be marked with
the same type of sign, irrespective of where those particular
conditions occur.
All signs that are to convey their message during hours of
darkness shall be reflectorized or illuminated. Signs for
daytime use only may be non-reflectorized but a fluorescent
background material will be used for increased daytime
visibility if requested by the Engineer.
Where there is serious interference from extraneous light
sources, and a reflectorized sign is not likely to be
effective, an illuminated sign will be used.
Construction warning signs shall have a black legend on an
orange background and shall conform to the standards as to
size, shape and color as outlined in the Texas Manual on
UNIFORM TRAFFIC CONTROL DEVICES mentioned above.
Barricades, flares, and signs are a necessity in the
construction involved in this contract. The provision of
these items by the Contractor should be considered in the bid
prices submitted, as no separate compensation will be made,
unless indicated otherwise in the plans or the proposal.
No work will be permitted on any project prior to
installation of barricades or other warning devices at the
beginning and end of the construction area.
IV-35
F
(THIS PAGE LEFT BLANK INTENTIONALLY)
Details of Construction
1. CONCRETE
�.., A. Curb and Gutter (Class A -Concrete
Description
This item shall consist of Portland Cement 24" concrete
i curb and gutter or 24" separate gutter as shown on the
plans or as directed by the engineer, and shall be
.- constructed of Class A concrete. Included in the curb and
f gutter item is the subgrade preparation and the filling
and shaping of the area behind the curb.
1 1. Curb Openings
Separate gutter sections will be placed only across alleys
and driveways presently in use or where _definitely planned
for future property improvements. It shall be the
responsibility of the contractor to contact the property
owner and determine the proper location of driveways
before curb and gutter is constructed. All gutters across
new or proposed driveways must meet the requirements set
forth in the City Sidewalk and Driveway Regulations,
Ordinance Number 1466 and amendments thereto and gutters
across existing driveways will be required to conform to
said regulations if no hardship to the existing property
improvements is involved. In any event, all curb and
gutter to be poured must have the engineer's approval as
to driveway widths and location, in addition to the
section, and line and grade approval before any pour is
started on any curb and gutter unit.
2. Excavation and Subgrading (See Section V-2)
Excavation for the curb and gutter shall be made with the
excavation of the entire street. The excavation shall be
done to the lines and grades set by the engineer and in
such a manner as to require a maximum 1/2" (inch) of fill
to bring the subgrade to the correct elevation. Subgrade
that is undercut 1" (one inch) or more shall be brought to
the correct elevation by scarifying, wetting, disking,
blading, rolling and compacting to 95% Standard Proctor
Density (A.S.T.M. D-698) with pneumatic rolling to correct
elevation prior to setting forms. Before completion of
curb and gutter, all traffic signs and street name markers
found in the way of paving will immediately be relocated
behind the proposed curb and gutter by the Contractor.
r-r
V-1
3. Settinct Forms
Forms for concrete and gutter shall be set to the lines
and grades established by the engineer after the subgrade
has been prepared. The forms shall be held together and in
place in such a manner that they will not move during the
placing and working of the concrete. The forms shall be
cleaned and oiled prior to pouring concrete. Face forms
and construction joints (removable metal plates) shall be
set to hold the concrete for the curb in place until it is
to be finished.
Forms for radii shall be set in the same manner as the
straight forms except that no face form will be required
if a true section is obtained by other methods. The radii
forms shall be set in such a manner that the curve will be
true.
4. Placement (Including Making Joints)
Sufficient concrete shall be placed to allow for shrinkage
and extra material for finishing, and the concrete shall
be floated and troweled to the approximate section, and
only after the concrete receives a partial set shall the
face forms be removed. The section shall then be shaped to
the true cross-section by the use of a metal -screed which
is shaped to the true cross-section.
A "mule" screed shall be used only to shape to true cross-
section when topping material is provided and pushed along
on the front edge of the mule.
Curb and gutter shall be constructed with an expansion
joint at the tangent point of each return at intersections
and at intervals of no more than forty (40) feet between
the intersections. Forty feet intervals may be waived if
curb and gutter machine is used. Expansion joints shall be
of the material hereinbefore specified. Construction
joints formed by removable metal plates (templates)
accurately shaped to the cross-section of the curb and
gutter shall be located at the mid -point of each section
between expansion joints or as directed by the engineer.
Contraction joints shall be placed at ten foot intervals.
All joints shall be perpendicular to the surface of the
concrete and to the axis of the section.
5 Finishinc{
A ten (10) foot metal "straight -edge" shall be used to
strike the flow line to grade, continuously along the flow
line of the gutter. This operation shall be followed with
v-2
a four (4) foot spirit level to assure the continuous
grade down the flow -line the length of the gutter.
Curb and gutter shall be finished uniformly by wood
trowelling to an accurate cross-section. Extra water will
not be added for finishing. The final finish will be
accomplished with a brush, the last stroke being one from
the back of curb to the lip of gutter. Both sides of all
joints, the lip of gutter, and the back edge of the curb
shall be finished with a 1/4" radius edging tool before
the final brushing. Curves at the top and bottom of the
section shall present a uniform appearance without "waves"
in the face of the curb or "pockets" in the gutter.
Concrete shall not be poured during sand storms. Concrete
shall be protected to maintain temperature of not less
than 50 degrees F. for five days after placement. If
aggregate and water are heated, they shall not be heated
above 90 degrees F. Concrete shall not be placed when the
ambient temperature is less than 40 degrees F. It shall be
the responsibility of the Contractor to anticipate as
nearly as possible changes in weather conditions which
would affect the placement and protection of the concrete,
and be prepared to protect freshly placed concrete when
sudden changes in the weather make such protection
necessary.
1
6. Removing Forms
r
Special care is required of the Contractor in his removing
of pins and of forms. Pins shall be pulled from the ground
to free forms. If hammering is found to be necessary, a
light, one (1) pound hammer shall be used. The contractor
shall not place forms or pins on newly finished concrete.
p
Loading and unloading of forms from a truck shall be
executed by two workmen. It is the duty of the Contractor
to remove any warped forms found in any section of forms,
(
before it is poured. When forms are pointed out as
defective, those forms shall then be removed from the job
�-
site and not returned until they have been inspected by
the Engineer.
7. Machine Laid Curb and Gutter
Class A concrete shall be used for machine laid curb and
gutter. The slump of the concrete shall be as directed by
r
the Engineer. Reinforcing steel, if required, shall
conform to Section 3 under Materials of Construction.
The curb and gutter shall be laid by an extrusion machine
approved by the Engineer. Immediately prior to placing the
r-
V-3
r
Li
curb and gutter, the previously approved foundation shall
be thoroughly cleaned.
The line for top of curb shall be maintained from a
guideline set by the Contractor from survey marks
established by the Engineer. Curb outline shall strictly
conform to the details shown on the plans.
The approved mix shall be fed into the machine in such a
manner and at such consistency that the finished curb will
present a well compacted mass with a surface free from
voids and honeycombs and true to established shape, line,
and grade.
Additional surface finishing shall be performed
immediately after extrusion. Extra water will not be added
for finishing. Unless otherwise specified by the Engineer,
joints shall be constructed as follows: Expansion joints
shall be located at each end radius at intersections and
alley returns and at the beginning of the pour, and dummy
grooved joints shall be spaced at 10 foot intervals
between the expansion joints.
S. Curing
All concrete work shall be covered with heavy water -proof
type paper to prevent loss of moisture and to prevent
direct sunlight from striking the concrete, as soon as it
has set sufficiently enough to prevent marking.
In lieu of this method of curing, the curb and gutter may
be cured by applying a liquid membrane coating to all
exposed surfaces, provided such material and method is
first approved by the Engineer.
9. Filling Behind Curb
After the forms are removed and the concrete has cured,
the contractor shall fill the area behind the curb with
top soil. The area between the sidewalk and the curb or
property line and curb, if no sidewalk exists, shall be
leveled and sloped toward the curb in a manner
satisfactory to the property owner and/or Engineer. Fill
should be done prior to placement of base materials.
10. Replacement of Damaged Curb and Gutter or Gutter
No patching of any nature shall be allowed in repairing
any damage to curb and gutter which occurs during the
construction process of paving improvements in any unit
V-4
prior to the acceptance of said unit. Where damage occurs,
the section of curb and gutter or gutter containing the
r damaged portion shall be removed to the nearest joints and
shall be replaced with new construction, prior to
surfacing of that section of street.
Concrete surface finish marred by vandals, rain or sand
f. during setting time shall be immediately repaired with an
approved epoxy material; all abused concrete surface,
along with structural damage and defective flow line found
at time of surfacing shall be handled as described in
sentence 2 above.
C.' B. Reinforced Concrete 24" Separate Gutters Class E
Concrete) Description
rThis item shall consist of Portland cement 24" separate
gutter constructed in accordance with the typical curb and
gutter sections included in these specifications and at
!" locations as shown on the plans or as directed by the
Engineer.
�.. 1. Suburade Preparation (See Section V-2)
2. Reinforcing Steel - See Section 3 Under Materials of
Construction
3. Placement of Reinforcement
Care shall be taken to tie the (3) three horizontal # 3
bars to the (3) three vertical # 3 bar pins at a point 3"
above the bottom.
C. Reinforced Concrete Valley Gutters (Class C and Class E
Concrete)
Description
This item shall be constructed of class C concrete for
r- thoroughfare or collector street valley gutters and Class
E concrete for residential street valley gutters and
consists of the construction of an eight (8) inch concrete
r, slab on thoroughfare or collector streets or a (6) inch
concrete slab on residential streets reinforced with 4-
Number 3 bars on one and one-half (1-1/2) foot spacing for
5 foot wide valley gutters,(Cross bars shall be #3 bars 4
1/2 feet long) or with 6"x6" 6 gauge wire mesh. Fillet
areas shall be reinforced as shown on the plans and
constructed to the lines and grades as shown on the plans
,. and as designated by the Engineer. Details of construction
r
V-5 '
are the same as for curb and gutter where they can be
directly applied.
1. Subgrade Preparation (See Section V-2)
2. Reinforcing Steel - See Section 3 under Materials of -�
Construction.
3. Placement of Reinforcement
Care shall be taken to hold the steel in the center of the
slab, high chairs or precast concrete blocks shall be
located at three (3) foot centers. Lapping distance shall
be 40 diameters, and the lap shall be tied at three points
with wire if steel bars are used.
D. Reinforced Alley Paving Slab and Alley Returns (Class E
Concrete)
Description
This item shall consist of reinforced concrete paving of
variable thickness (5" to 7-1/211) constructed in the
center 10 feet of alleys and shall be constructed of Class
E concrete. All alley paving and alley returns shall be
constructed in accordance to the Alley Paving Details.
1. Forming
Forms for alley.slab shall be placed where necessary to
form the outside edge of slab (where slab is not bordered
by concrete curb and gutter or other permanent
improvements such as building, docks, etc.)and where
necessary to form construction and expansion joints (See
'Alley Paving Details' on plans). On all edges, joints,
etc. to be formed, the forms shall extend the entire depth
of concrete.
2. Subgrade Preparation (See Section V-2)
3. Reinforcing
Care shall be taken to securely hold the welded wire mesh
3" above the bottom of the slab by use of high chairs or
pre -cast concrete blocks.
Concrete shall not be poured during sandstorms. Concrete
shall be protected to maintain temperature of not less
than 50 degrees F. for five (5) days after placement. If
aggregate and water are heated, they shall not be heated
above 90 degrees F. Concrete shall not placed when the
V-6
t
E_
r
s
ambient temperature is less than 40 degrees F. It shall be
the responsibility of the Contractor to anticipate as
r^' nearly as possible changes in weather conditions which
e could effect the placement and protection of the concrete,
and to be prepared to protect freshly placed. concrete when
�.. sudden changes in the weather make such protection
necessary.
4. Finishing
Concrete shall be deposited so as to conform roughly to
the finished cross-section. Sufficient concrete shall be
placed to allow for shrinkage and extra material for
finishing. Extra water will not be added for finishing.
The shape and flow line of the alley paving slab may be
established by the use of two (211) inch by four (411) inch
wood screeds, or other approved removable devices,
accurately staked to line and grade. If such devices are
used they shall be in place before the final finishing of
i the subgrade and the subgrade shall be finished so that
the concrete slab will be of the proper depth. The
r.. concrete shall be "struck off" to the true section and
finished smooth by floating and troweling. The final
finish shall be provided by brushing to provide a nonskid
surface for traffic. Particular care shall be taken in the
final troweling and finishing so that the finished slab
presents a smooth straight surface without waves in the
edge and without pockets in the flow line.
5. Curing and Protection
All concrete work shall be covered with burlap or other
suitable material as soon as it has set sufficiently to
prevent marking and kept wet continuously for at least (4)
days. Care shall be taken to prevent mechanical injury to
r" concrete work during this period and until the work is
accepted. Any work damaged prior to acceptance shall be
repaired by the Contractor at his own expense and to the
r satisfaction of the City Engineer.
The City Sanitation Department shall be notified of all
alley return and alley paving construction, and if
C' possible, the length of time said return and/or alley
l shall be closed to traffic. The Contractor shall properly
flare and barricade alley returns and alleys during the
'r period of construction and as long afterward as the
Engineer may require for curing and achieving strength.
Before opening alley returns to traffic, the contractor
�-• shall properly fill and level by hand, (no maintainer
shall be used until full strength of concrete is
VAkA
6.
7.
E.
1.
F.
achieved), the adjacent approaches from the street and
alley. In all cases, no alley or alley return shall be
opened to traffic without the approval of the City
Engineer.
Removing Forms
Special care is required of the Contractor in his removing
of pins and moving of forms. Pins shall be pulled from the
ground to free forms. If hammering is found to be
necessary a light, one (1) pound hammer shall be used. The
contractor shall not place forms or pins on newly finished
concrete. Loading and unloading of forms from a truck
shall be executed by two workmen. It is the duty of the
Contractor to remove any warped forms found in any section
of forms, before it is poured. When forms are pointed out
as defective, those forms shall then be removed from the
job site and not returned until they have been inspected
by the Engineer.
Replacement of Damaged Concrete or Concrete Surface
only patching of very minor nature will be allowed in
alley paving. Any substantial damage occuring to the alley
paving prior to the acceptance of the unit in which the
damage occurs will be remedied by removal and replacement
of the entire section or sections of alley paving that has
been damaged. Any slab removed to a joint other than a
doweled expansion joint will be replaced using joint
section B-B in the Special Detail Sheets of these
specifications. Extreme care shall be taken by the
Contractor during "Setting -Up" period to prevent vandals,
sand or rain from marring the surface finish to avoid
being handled as described in sentence 2, above.
Reinforced Concrete Median Curb (Class A Concrete)
This item shall consist of reinforced concrete slab (611)
inches thick and may be placed on asphalt surface on
caliche base, or on asphalt surface on concrete base.
Median slab shall be dowled as shown on the plans. Details
of concrete placement, finishing, and curing shall be used
where applicable.
Suburade Preparation (See Section V-2)
Reinforced Concrete Railroad Crossing (Class F Concrete)
Description
V-8
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1.
HP
3.
G.
1.
This item shall consist of the construction of Class F
reinforced concrete as shown on Concrete Railroad Crossing
Details. (File #2-B-92 (2]).
Subgrade Preparation (See Section V-2)
Reinforcing Steel Bars to be Used)
Reinforcing steel to be used
to A.S.T.M. Designation A-432
A.S.T.M. 305 requirements.
Placement of Reinforcement
on this project shall conform
and shall be deformed to
Care shall be taken to hold the (1/211) bars above the
bottom of the foundation slab and above the railroad ties
as shown on the plans. In the top slab the vertical and
horizontal bars shall be securely tied with wire.
Reinforced Concrete Drainage Slabs (Class A Concrete)
This item shall consist of a concrete slab (511) thick and
containing wire mesh reinforcing which shall conform to
"Standard Specification for Welded Steel Wire Fabric For
Concrete Reinforcement" ASTM Designation A-185, or
approved fiber reinforcement.
Subgrade Preparation (See Section V-2)
r"
H. Concrete Pavement - Class C Concrete Description
This item shall consist of a pavement of portland cement
�..
concrete, with reinforcement as shown on plans,
constructed as herein specified on the prepared subgrade
and one inch of sand cushion or other base course in
conformity with the thickness and typical cross sections
shown on plans and to the lines and grades established by
the Engineer. Concrete shall be considered of satisfactory
quality provided it is made (a) of materials accepted for
r-
the job, (b) in the proportions established by the
Engineer and (c) Mixed, placed, finished and cured in
accordance with the requirements herein specified.
r-
Materials
1. Cement
The cement shall be Type I or Type III standard brand of
Portland cement. If the use of high early strength cement
is not specified, and the Contractor desires to use it, he
shall obtain written permission of the Engineer and shall
V-9
assume all additional costs incurred by the use of such
cement. Type I and Type III cement shall conform to the
requirements of ASTM C150. When Type III cement is used, _
the average strength at the age of 7 days shall be higher
than that attained at 3 days. Either the tensile or the
compression tests may be used for either type cement. In
addition to the requirements of ASTM Designation C150, the
specific surface area of Type I cement shall not exceed
2,000 square centimeters per gram as measured by the
Wagner Turbidmeter in accordance with Test Method Tex-310
D.
2. Admixtures
Unless otherwise provided in the plans or special
provisions, approved types of admixtures to minimize
segregation, to improve workability, or to reduce the
amount of mixing water may be used in the rate of dosage
specified by the Engineer. Admixtures shall not be used to
replace cement. Admixtures shall comply with all the
requirements and be measured and dispensed in accordance
with T.H.D. Item 437, "Concrete Admixtures".
3. Coarse Aaareaate.
Coarse aggregate shall consist of durable particles of
crushed limestone (Brownwood Type) of reasonably uniform
quality throughout, free from injurious amounts of salt,
alkali, vegetable matter or other objectionable material,
either free or as_an adherent coating on the aggregate. It
shall not contain more than 0.25 percent by weight of clay
lumps, nor more than 1.0 percent by weight of shale nor
more than 5.0 percent by weight of laminated,and/or
friable particles when tested in accordance with Test
Method Tex-413-A.
Coarse aggregate shall have a wear of not more than 45
percent when tested according to Test Method Tex-410-A and
when tested by standard laboratory methods shall meet the
following grading requirements:
Retained on 1-3/4" sieve......................0%
Retained on 1-1/2" sieve .. .............0 to 5 % ,
Retained on 3/4" sieve.................30 to 65%
Retained on 3/8" sieve ............. ...70 to 90%
Retained on No. 4 sieve...............95 to 100%
V�
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Loss by Decantation Test
Method Tex-406-A ...1.0% Maximum
All aggregate shall be handled and stored in such a manner
as to prevent size segregation and contamination by
foreign substances. When segregation is apparent, the
aggregate shall be remixed. At the time of its use, the
aggregate shall be free from frozen material. Aggregate
that contains more than 0.5 percent free moisture by
weight shall be stockpiled for at least 24 hours prior to
use.
Adequate storage facilities shall be provided for all
approved materials. The intermixing of nonapproved
materials with approved materials either in stockpiles or
in bins will not be permitted. Aggregates from different
sources shall be stored in different stockpiles unless
otherwise approved by the Engineer.
Aggregates shall be stockpiled in such a manner to prevent
segregation, and maintained as nearly as possible in a
uniform condition of moisture.
Each aggregate stockpile shall be reworked with suitable
equipment as required by the Engineer to remix the
material to provide uniformity of the stockpile.
4. Fine Aggregate.
r, Fine aggregate shall consist of sand or a combination of
F sands, and shall be composed of clean, hard,
durable,uncoated grains. Unless otherwise shown on plans,
the acid insoluble residue of the fine aggregate shall be
i not less than 28 percent by weight when tested in
I accordance with Test Method Tex-612-J.
5. Fine Aggregate Exclusive of Mineral Filler
Fine aggregate shall be free from injurious amounts of
salt, alkali or vegetable matter. It shall not contain
more than 0.5 percent by weight of clay lumps. When
subjected to the color test for organic impurities, Test
Method Tex-408-A, the fine aggregate shall not show a
color darker than the standard.
Unless specified otherwise, fine aggregate shall meet the
following grading requirements:
Retained on 3/8" sieve.....................0%
Retained on No.4 sieve................0 to 5%
V-11
Retained on No. 8 sieve..............0 to 20%
Retained on No. 16 sieve ............ 15 to 30%
Retained on No. 30 sieve ............ 35 to 75%
Retained on No. 50 sieve ..... 0...... 70 to 90%
Retained on No. 100 sieve .......... 90 to 100%
Retained on No. 200 sieve .......... 97 to 100%
Fine aggregate will be subjected to the Sand Equivalent
Test ,(Test Method Tex-203-F). The sand equivalent value
shall not be less than 80, or less than the value shown on
the plans, whichever is greater.
6 Mineral Filler
Mineral filler shall consist of clean stone dust, crushed
sand, crushed shell or other approved inert material. When
tested in accordance with Test Method Tex-401-A, it shall
meet the following requirements:
Retained on No. 30 sieve.........................0-%
Retained on No. 200 sieve.................0 to 35%
At the time of its use the mineral filler shall be free
from frozen material, and aggregate containing foreign
material will be rejected.
7. Mixing Water
Water for use in concrete and for curing shall be free
from oil, acids, organic matter or other deleterious
substances and shall not contain more than 1,000 parts per
million of chlorides as CL. nor more than 1,000 parts per
million of sulfates as SO4.
Water from municipal supplies approved by the State Health
Department will not require testing, but water from other
sources will be sampled and tested before use.
Test procedure shall be in accordance with AASHTO
Designation: T 26.
8. Steel Dowel Bars
Steel bar dowels, if used in accordance with provisions of
project plans, shall be of the size and type indicated on
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I
plans and shall be open-hearth, basic oxygen or electric -
furnace steel conforming to the mechanical properties
specified for grade 60 in ASTM Designation: A615. The free
end of dowel bars shall be smooth and free of shearing
burrs.
9. Steel Reinforcement
Unless otherwise shown on the plans, steel reinforcing
bars as required including the tie bars shall be open-
hearth, basic oxygen or electric -furnace new billet steel
of Grade 60 or Grade 40 for concrete reinforcement. Bars
that require bending shall be Grade 40 conforming to
t
requirements of ASTM A-615.
High yield reinforcing steel shall be either (1) open-
hearth, basic oxygen or electric -furnace new billet steel
conforming to the requirements of ASTM A-615 Grade 60 or
(2) rail steel bars for concrete reinforcement, conforming
�^ to the requirements of ASTM A-616 Grade 60. (Bars produced
by piling method will not be accepted).
P-
Where prefabricated wire mats are specified or permitted,
the wire shall be cold worked steel wire conforming to the
requirements of ASTM A 496, except that steel shall be
made by open-hearth, electric -furnace, or basic oxygen
processes. The prefabricated wire mats shall conform to
the requirements of ASTM A 497. Mats that have been bent
or wires dislocated or parted during shipping or project
handling shall be realigned to within one-half inch of the
original horizontal plane of the mat. Mats with any
portion of the wires out of vertical alignment more than
one-half inch after realignment and/or wires dislocated or
mutilated so that, in the opinion of the Engineer, they do
not represent the original mat, shall be rejected. The
mats may be clamped or wired so that the mats will retain
the horizontal and vertical alignment as specified by the
plans or as approved by the Engineer. Deformed wire may be
used for tie bars and load transfer bars that require
bending.
When fabricated steel bar or rod mats are specified, the
mats shall meet the requirements of ASTM A-184.
10. Mechanical Vibratory Equipment
All concrete placed for pavement shall be consolidated by
approved mechanical vibrators designed to vibrate the
concrete internally. The internal type will be used for
full -depth placement. Vibratory members shall extend
across the pavement practically to, but shall not come in
V-13
contact with the side forms. Mechanically operated
vibrators shall be operated in such a -manner as to not
interfere with the transverse or longitudinal joints.
Separate vibratory units shall be operated at sufficiently
close intervals to provide uniform vibration and
consolidation to the entire width of the pavement. The
frequency in air of the internal spud type vibratory units
shall be not less than 8,000 cycles per minute and not
less than 5,000 cycles per minute for tube types and the
method of operation shall be as directed by the Engineer.
The Contractor shall have a satisfactory tachometer
available for checking the vibratory elements.
The pavement vibrators shall not be used to level or
spread the concrete but shall be used only for purposes of
consolidation. The vibrators will not be operated where
the surface of the concrete, as spread, is below the
elevation of the finished surface of the pavement, except
for the first lift of concrete where the double strike off
method of placement is employed, and the vibrators shall
not be operated for more than 15 seconds while the machine
upon which they are installed is standing still.
Approved hand manipulated mechanical vibrators shall be
furnished.in the number required for provision of proper
consolidation of the concrete along forms, at joints and
in areas not covered by mechanically controlled vibrators.
These vibrators shall be sufficiently rigid to insure
control of the operation position of the vibrating head.
Complete and satisfactory consolidation of the concrete
pavement is a most important requirement of this
specification. Cores taken shall be carefully examined for
voids, honeycombing or other evidence of incomplete
consolidation. If such evidence is present, changes in the
consolidation procedures and/or equipment will be made to
insure satisfactory consolidation.
11. FininhinQ
Machine-Fininshing. All concrete pavement shall be
finished mechanically with approved power -driven machines,
except as herein provided. Hand -finishing will be
permitted on the transition from a crowned section to a
superelevated section without crown or curves, and on
straight line superelevation sections less than 300 feet
in length. Hand -finishing will also be permitted on that
portion of a widened pavement outside the normal pavement
width, on sections where the pavement width is not
V-14
i,
uniform or required monolithic widths are greater than
q
that of available finishing machines.
Machine -finishing of pavement shall include the use of
power -driven spreaders, power -driven vibrators, power -
driven transverse strike -off, and screed, or such
alternate equipment as may be substituted and approved by
t the Engineer.
All concrete shall be consolidated by a mechanical
vibrator. As soon as the concrete has been spread between
the forms, the approved mechanical vibrator shall be
operated to consolidate the concrete and remove all
voids. Hand -manipulated vibrators shall be used for areas
not covered by the mechanical vibratory unit.
a
The transverse finishing machine shall first be operated
to compact and finish the pavement to the required section
and grade, without surface voids. The machine shall be
operated over each area as many times and at such
intervals as directed. At least two trips will be required
and the last trip over a given area shall be a continuous
r. run of not less than 40 feet. After completion of
i finishing with the transverse finishing machine a
transverse drag float may be used.
The consistency of the concrete as placed should allow the
completion of all finishing operations without the
addition of water to the surface. When field conditions
are such that additional moisture is needed for the final
concrete surface finishing operation, the required water
shall be applied to the surface by fog spray only and
shall be held to a minimum.
After finishing is complete and the concrete still
workable, the surface shall be tested for trueness with an
approved 10-foot steel straightedge. The straightedge
shall be operated from the side of the pavement, placed
parallel to the pavement centerline and passed across the
slab to reveal any high spots or depression. The
straightedge shall be advanced along the pavement in
successive stages of not more than one-half its length.
Practically perfect contact of the straightedge with the
surface will be required, and the pavement shall be
leveled to this condition, in order to insure conformity
with the surface test required below, after the pavement
has fully hardened. Any correction of the surface required
shall be accomplished by adding concrete if required and
by operating the longitudinal float over the area. The
surface test with the straightedge shall then be repeated.
VAWV
For one -lane pavement placement and uniform widening, the
equipment for machine -finishing of concrete pavement shall
be as directed by the Engineer but shall not exceed the
requirements,of these specifications.
After completion of the straightedge operation, as soon as
construction operations permit, texture shall be applied
with 1/8-inch wide metal tines with clear spacing between
the tines being not less than 1/4 inch nor more than 1/2
inch. If approved by the Engineer, other equipment and
methods may be used, provided that a surface texture
meeting the specified requirements is obtained. The
texture shall be applied transversely. It is the intent
that the average texture depth resulting from the number
of tests directed by the Engineer be not less than 0.060
inch with a minimum texture depth of 0.050 inch for any
one test when tested in accordance with Test Method Tex-
436-A. Should the texture depth fall below that intended,
the finishing procedures shall be revised to produce the
desired texture.•
12. Proportioning of Concrete
Concrete shall be composed of Portland cement, fine
aggregate, coarse aggregate, mineral filler and/or
admixture if used and water, mixed in proportions as
approved by the Engineer in the mix design as submitted by
a commercial laboratory and in the manner set forth in
this specification. On the basis of job and laboratory
investigations of the proposed materials, the'Engineer
will fix the proportions by weight of water, coarse
aggregate, fine aggregate, cement, admixture and mineral
filler where required, in order to produce concrete of the
specified strength and workability.
13 Concrete Strength
The concrete mix will be designed with the intention of
producing a minimum average flexural strength (Modulus of
rupture) of 600 pounds per square inch and compressive
strength of 3000 psi at 7 days and/or a 28 day compressive
strength of 3,600 pounds per square inch. The coarse
aggregate factor (dry, loose volume of coarse aggregate
per unit volume of concrete) shall not exceed 0.85. Unless
otherwise shown on plans the concrete shall contain not
less than six sacks of cement per cubic yard of concrete.
The water -cement ratio (net gallons.of water per sack of
94 pound cement). -shall not exceed 6.0 gallon/sack.
Concrete specimens shall be prepared, cured and tested as
outlined in THD Bulletin C-11.
V-16-
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14. Workability of Concrete
Concrete shall be uniformly plastic, cohesive and
workable. Workable concrete is defined as concrete which
can be placed without honeycomb and without voids in the
surface of the pavement. Workability shall be obtained
without producing a condition such that free water appears
on the surface of the slab when being finished as
specified. Where water appears on the surface of the
concrete after finishing and this condition cannot be
corrected by reasonable adjustment in the batch design,
the bleeding will be immediately corrected by one of the
following measures or a combination of two or more of the
following listed measures:
a. Redesign of the batch
b. Addition of mineral filler to fine aggregate
c. Increase of cement content
In the event that the measures taken do not eliminate the
bleeding immediately, concrete placement operations will
be suspended, as directed by the Engineer, and will remain
suspended, until such time as additional trial mixes
demonstrate that a non -bleeding batch design has been
achieved. Failing to achieve a satisfactory laboratory
batch design the Contractor will be required to use
different materials and to submit samples thereof for
additional trial mixes and pilot beams as specified in THD
Bulletin C-11.
The mix will be designed with the intention of producing
concrete which will have a slump of 1-1/2 inches when
tested in accordance with THD Bulletin C-11. The slump
shall not be less than 1 inch nor more than 3 inches.
15. Mix Design
r- Prior to the beginning of the concrete placement, and
thereafter before any change in source or characteristics
of any of the ingredients except mineral filler,
sufficient compression tests using various quantities of
cement and aggregates proposed for use shall be supplied
the Engineer for consideration.
P" Mixes will be designed and made in sufficient number to
represent a wide range of water -cement ratios. These mixes
shall comply with the requirements herein prescribed for
,.. workability. From these preliminary tests the water -cement
ratio required to produce concrete of the specified
i'
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V-17
strength will be selected by the Engineer. The Contractor
may at any time present in writing a suggested mix design
and the Engineer will make the tests necessary to
determine its acceptability under these specification
requirements.
For mixing the concrete to be used in making the
preliminary test specimens, the Contractor shall furnish
and operate the mixer approved for use on this project. A
minimum one cubic yard batch shall be mixed or a batch of
sufficient size to afford proper mixing, whichever is the
greater. In lieu of the above mixerandprocedure, the
Contractor may furnish a portable mixer of sufficient
rated capacity to mix a minimum three -sack batch; in which
case, the batch mixed for the preliminary test shall not
be less than the rated capacity of the mixer furnished.
No additional compensation will be allowed for equipment,
materials or labor involved in making preliminary test
specimens.
After the mix proportions and water -cement ratio required
to produce concrete of the specified strength have been
determined, placing of the concrete may be started.
Type I cement shall have a specified surface area within a
range of 1,600 to 1,900 square centimeters per gram. A
change in the specific surface of the cement of more than
100 square centimeters per gram may require a new mix
design.
16. Subgrade and Forms
Preparation of subgrade.
Rolling and sprinkling shall be performed when and to the
extent directed, and the roadbed shall be completed to or
above the plane of the typical sections shown on the plans
and the lines and grades established by the Engineer.
Drainage of the roadbed shall be maintained at all times.
Sealed or treated subgrade cut in the preparation of the
subgrade or setting of pavement forms shall be resealed or
the subgrade restored to the original conditions as
directed by the Engineer. See Section V-2.
The subgrade shall be maintained in a smooth, compacted
condition in conformity with the required section and
established grade until the pavement is placed and shall
be kept thoroughly wetted down sufficiently in advance of
placing any pavement to insure its being in a firm and
V-18
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moist condition for at least 2 inches below the prepared
surface. Sufficient subgrade shall always be prepared in
P" advance to insure satisfactory prosecution of the work. No
equipment or hauling shall be permitted on the prepared
subgrade, except by special permission of the Engineer,
r, which will be granted only in exceptional cases and only
where suitable protection in the form of two-ply timber
mats or other approved material is provided.
r 17. Placing and Removing Forms
The subgrade under the forms shall be firm and cut true to
grade so that each form section when placed will be firmly
in contact for its whole length and base width, and
exactly at the established grade. Forms shall be staked
r., with at least three pins for each 10-foot section. A pin
shall be placed at each side of every joint. Form sections
shall be tightly joined and keyed to prevent relative
displacement. Forms shall be cleaned and oiled each time
r they are used.
Forms shall be set for a sufficient distance in advance of
the point where concrete is being placed to permit a
finished and approved subgrade length of not less than 300
feet ahead of the mixing. Conformity of the grade and
alignment of forms shall be checked immediately prior to
placing concrete, and all necessary corrections made by
the Contractor. Where any forms have been disturbed or any
subgrade becomes unstable, the forms shall be reset and
rechecked. In exceptional cases, the Engineer may require
stakes driven to the grade of the bottom of the forms.
Sufficient stability of the forms to support the equipment
operated thereon and to withstand its vibration without
springing or settlement shall be required. If forms settle
and/or deflect over 1/8 inch under finishing operations,
paving operations shall be stopped and the forms shall be
reset to line and grade.
Forms shall remain in place for not less than 12 hours
after the concrete has been placed. They shall be
carefully removed in such a manner that little or no
damage will be done to the edge of the pavement. Any
damage resulting from this operation shall be immediately
repaired. After the forms have been removed, the ends of
all joints shall be cleaned, and any honeycombed areas
pointed up with approved mortar. Immediately after
pointing is completed, the form trench, if used, shall be
filled with earth from the shoulders in such a manner as
to shed water from rainfall or curing away from the edge
of the pavement. On completion of the required curing, the
V-19 '
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subgrade or shoulders adjacent to the pavement shall be
graded in a condition to maintain drainage.
Allowable grade revisions shall in no way affect the
governing finishing and surface requirements of the
completed pavement.
All grade revisions shall be established by the Engineer.
No additional payment over the contract unit price will be
made for any pavement of a thickness exceeding that
required on the plans as a result of adjustment of the
forms.
I. Concrete Mixing and Placing
1. Mixing
The aggregates, mineral filler if required, cement and
water shall be measured separately, introduced into the
mixer, and mixed for a period of not less than 50 seconds
nor more than 90 seconds, measured from the time the last
aggregate enters the drum to the time discharge of the
concrete begins. The .required water shall be introduced
into the mixing drum during the first 15 seconds of
mixing. The entire contents of the drum shall be
discharged before any materials of the succeeding batch
are introduced.
The Engineer may increase the minimum mixing time to that
necessary to produce thoroughly mixed concrete based on
inspection or appropriate uniformity tests. The mixing
time may be varied at any time necessary to produce
acceptable concrete.
If Ready -Mix concrete is used, the concrete shall be
discharged into the specified hauling equipment and
delivered to the road site. If truck agitators are used,
the concrete shall be continuously agitated at not less
than one nor more than six rpm as directed by the
Engineer.
The initial batch of concrete mixed after each time the
mixer is washed out shall be enriched by additional
mortar. The additional mortar shall be one sack of cement
and three parts of sand.
2. Placing
Any concrete not placed as herein prescribed within 30
minutes after mixing shall be rejected and disposed of as
directed except as provided otherwise herein. Except by
V-20-
specific written authorization of the Engineer, concrete
shall not be placed when the temperature is below 400F,
the temperature being taken in the shade and away from
artificial heat.
When such permission is granted, the Contractor shall
furnish an approved enclosure, such as canvas -covered
framework, to enclose and protect all pavement so placed,
and shall maintain the temperature of the air surrounding
the concrete at not less than 50oF for not less than 5
days. When concrete is being placed in cold weather, other
than under the conditions stated above, the Contractor
shall have available a sufficient supply of an approved
covering material to immediately protect concrete if the
air temperature falls to 320F, or below, before concrete
has been placed 4 hours. Such protection shall remain in
place during the period the temperature continues below
320F or for a period of not more than 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 damage by
freezing shall be removed and replaced at his expense.
Concrete shall not be placed before sunrise and shall not
be placed later than will permit the finishing of the
pavement during sufficient natural light.
Concrete shall be placed only on approved subgrade or sub-
base, and unless otherwise indicated on plans, the full
width of the pavement shall be constructed monolithically.
The concrete shall be deposited on the subgrade or sub-
base in such manner as to require as little rehandling as
possible. Where hand spreading is necessary, concrete
shall be distributed to the required depth by use of
shovels. The use of rakes will not be permitted. Workmen
will not be permitted to walk in the concrete with any
earth or foreign material on their boots or shoes. The
placing of concrete shall be rapid and continuous.
Concrete shall be distributed to such depth that when
consolidated and finished, the slab thickness required by
plans will be obtained at all points and the surface shall
not, at any point, be below the established grade. Special
care shall be exercised in placing and spreading concrete
against forms and at all joints to prevent the forming of
honeycombs and voids.
If in the opinion of the Engineer, the temperature, wind
and/or humidity conditions are such that the quality of
the concrete will not be adversely affected, the specified
placing time may be extended to a maximum of 45 minutes.
V-21
3. Reinforcing Steel
All reinforcing steel, including steel wire fabric
reinforcement, tie bars, and dowel bars shall be
accurately placed and secured in position in accordance
with details shown on plans. Reinforcing bars shall be
securely wired together at alternate intersections,
following a pattern approved by the Engineer, and at all
splices, and shall be securely wired to each dowel
intersected. When wire fabric is used, it shall be
securely wired together at all splices and to each dowel
intersected. Tie bars shall be installed in the required
position by the method and device shown on plans or by
approved method and device equivalent thereto.
Tightly adhered scale or rust which resists removal by
vigorous wire brushing need not be removed except that
excessive loss of section to the reinforcement due to rust
shall be cause for rejection. Excessive loss of section
shall be defined as loss of section to the extent that the
reinforcement will no longer meet the physical
requirements for the size and grade of steel specified.
Where plans require an assembly of parts at pavement
joints, the assembly shall be completed, placed at
required location and elevation, and all parts rigidly
secured in required position by the method and devices
shown on plans. Dowel bars shall be accurately installed
in joint assemblies in accordance with plans, each
parallel to the pavement surface and to the center line of
the pavement, and shall be rigidly secured in required
position by such means (as shown on plans) that will
prevent their displacement during placing and finishing of
the concrete.
4. Joints
When the placing of.concrete is stopped, a bulkhead of
sufficient cross sectional area to prevent deflection,
accurately notched to receive the load transmission
devices or dowels if required, and shaped accurately to
the cross section of the pavement shall be provided and
installed as a back-up for the joint filler and rigidly
secured in required position to permit accurate finishing
of the concrete up to the joint. After concrete has been
finished to the joint, formation of the joint seal space
and finishing of the joint shall be executed. The back-up
bulkhead shall remain in place until immediately prior to
the time when concrete placing is resumed, when it shall
be carefully removed in such manner that no element of the
V-22
Y
4
joint assembly will be disturbed. The exposed portion of
the joint assembly shall be free of adherent concrete,
dirt or other material at the time placing of concrete is
I resumed.
If necessary for proper installation of joint sealer,
excessive spalling of the joint groove shall be repaired
to the satisfaction of the Engineer in the manner which he
prescribes.
Careful workmanship shall be exercised in the construction
of all joints to insure that the concrete sections are
completely separated by an open joint or by the joint
materials and to insure that the joints will be true to
the outline indicated.
5. Weakened Plane Joints
Weakened plane joints shall consist of transverse
contraction joints and longitudinal joints and shall be
sawed as specified on the plans or as directed by the
Engineer. When the joints are sawed, the saw shall be
power driven, shall be manufactured especially for the
i
purpose of sawing concrete, and shall be capable of
performing the work. Saw blades.shall be designed to make
a clean smooth cut having a width and depth of cut as
detailed on the plans. Tracks adequately anchored, chalk,
l
l
string line or other approved methods shall be used to
provide true alignment of the joints. The concrete saw
shall be maintained in good operating condition and the
Contractor shall keep a stand-by power saw on the project
at all times when concrete operations are under way.
If membrane curing is used, the portion of the seal which
has been disturbed by sawing operations shall be restored
by the Contractor by spraying the area with additional
curing seal.
6. Contraction Joints
Transverse contraction joints shall be formed or sawed
joints perpendicular to the centerline and surface of the
pavement. Where sawed joints are used, contraction joints
at approximately 10 to 15-foot intervals shall be sawed as
soon as sawing can be accomplished without damage to the
pavement and before 12 hours after the concrete has been
placed, the exact time to be approved by the: Engineer. The
remaining contraction joints shall be sawed in a uniform
r
V-23'
r
t
pattern as directed by the Engineer, and they shall be
completed before uncontrolled cracking of the pavement
takes place. All joints shall be completed before
permitting traffic to use the pavement.
7. Longitudinal Joints
Longitudinal joints shall be sawed within two days after
construction of the pavement. Sawing shall not cause
damage to the pavement and the grooves shall be cut with a
minimum of spalling. No traffic (including construction
traffic) shall be permitted on the pavement until the
longitudinal joint is cut.
8. Joint Sealers
After the joints in the hardened concrete have been
repaired (if necessary) and cleaned to the satisfaction of
the Engineer, the joints will be filled with the W.R.
Meadows SOF-SEAL. After the sealant is installed it will
effectively seal the joints -against water, dirt and stones
throughout repeated cycles of expansion and contraction.
9. Asphalt Board
Premolded materials, wherever used, shall be anchored to
the concrete on one side of the joint by means of copper
wire or nails not lighter than No. 12 B&S gage. Such
anchorage shall be sufficient to overcome the tendency of
the material to fall out of the joint.
10. Spreading and Finishing
All concrete pavement shall be consolidated by a
mechanical vibrator. As soon as the concrete has been
spread between the forms, the approved mechanical vibrator
shall be operated to consolidate the concrete and remove
all voids. Hand manipulated vibrators shall be used for
areas not covered by the mechanical vibratory unit.
After finishing is completed and the concrete still
workable, the surface shall be tested for trueness with an
approved 10-foot steel straightedge. The straightedge
shall be operated from the side of the pavement, placed
parallel to the pavement centering and passed across the
slab to reveal any high spots or depressions. The
straightedge shall be advanced along the pavement in
successive stages of not more than one-half its length.
Practically perfect contact of the straightedge with the
surface will be required, and the pavement shall be
leveled to this condition, in order to insure conformity
V-24 '
I
with the surface test required after the pavement has
fully hardened. Any correction of the surface required
r' shall be accomplished by adding concrete if required and
by operating the longitudinal float over the area. The
surface test with the straightedge shall then be repeated.
�- Extra water will not be added for finishing.
After completion of the straightedge operation, the first
pass of the burlap drag shall be made as soon as
construction operations permit and before the water sheen
has disappeared from the surface. This shall. be followed
by as many passes as required to produce the desired
texture depth. There shall be no unnecessary delays
between passes. The drag shall be wet during use and
maintained clean and free from encrusted mortar. It is the
intent that the average texture depth resulting from the
number of tests directed by the Engineer be not less than
0.025 inches with a minimum texture depth of 0.020 inches
for any one test. Should the texture depth fall below that
intended, the finishing procedures shall be revised to
produce the desired texture.
The Contractor shall have available at all times hand
brooms with stiff bristles for the purpose of providing
textures when the pavement surface is in such a condition
that the burlap drag or other methods being employed will
not provide the desired texture.
After completion of dragging and about the time the
concrete becomes hard; the edge of the slab and joints
shall be carefully finished as directed by the Engineer,
and the pavement shall be left smooth and true to line.
11. Protection of Pavement and Opening to Traffic
The Contractor shall erect and maintain the barricades
required by plans and such other standard and approved
devices as will exclude public traffic and traffic of his
employees and agents from the newly placed pavement for
the periods of time and at locations hereinafter
prescribed by the Engineer. Portions of the roadway, or
crossings of the roadbed required to be maintained open
for use by traffic, shall not be obstructed by the above
required barricades.
The pavement shall be closed to all traffic, including
vehicles of the Contractor, until the concrete is at least
7 days old. This period of closure to all traffic may be
extended if, in the opinion of the Engineer, weather or
other conditions make it advisable to provide an extension
of the time of protection.
V-25
i
At the end of the 7 day period and as long thereafter as
ordered by the Engineer, and if so desired by the
Contractor, the pavement may be opened for use by vehicles
of the Contractor provided the gross weight (vehicle plus
load) of such vehicles does not exceed 14,OOO pounds. Such
opening, however shall in no manner relieve the Contractor
from his responsibilities for the work. On those sections
of the pavement thus opened to traffic, all joints shall
first be sealed, the pavement cleaned and earth placed
against the pavement edges before permitting vehicles
thereon.
After the concrete in any section is 14 days old, or as
long thereafter as ordered by the Engineer, such section
of pavement may be opened to all traffic as required by
plans or when so directed by the Engineer. On those
sections of the pavement thus opened to traffic, all
joints shall first be sealed, the pavement cleaned, earth
placed against the pavement edges and all other work
performed as required for the safety of traffic.
When High Early Strength Concrete, resulting from the use
of Type III cement as required by plans or special
provisions, is used, the pavement may be opened to all
traffic after the concrete is 7-days old, or as long
thereafter as ordered by the Engineer, subject to the same
provisions governing the opening after 14 days as above
prescribed.
Where the Contractor desires to move any equipment not
licensed for operating on public streets, on or across any
pavement opened to traffic, he shall protect the pavement
from all damage by means of two-ply timber mats of 2 inch
stock or runways of heavier material laid on a layer of
earth, all as approved by the Engineer.
The Engineer may require the opening of pavement to
traffic prior to the minimum time specified above under
conditions of emergency which in his opinion require such
action in the interest of the public. In no case shall the
Engineer order opening of the pavement to traffic within
less than 72 hours after the last concrete in the section
is placed. The Contractor shall remove all obstructing
materials, place earth against the pavement edges and
perform other work involved in providing for the safety of
traffic as required by the Engineer in ordering emergency
opening. Orders for emergency opening of the pavement to
traffic will be issued by the Engineer in writing.
V-26
r-
4. 2. EARTH WORK
A. Subgrade Preparation for curb and gutter, streets, Paving
(asphalt and concrete) alley returns, alley paving, valley
gutters, and earth work.
Description
Sub -grade preparation shall include the removal, haul and
disposal of all obstructions, including existing curbs,
I
gutters, paving materials, base materials, concrete slabs
and other obstructions shown on the plans or as designated
�-
by the Engineer and all scarifying, pulverizing, wetting,
disking, blading and rolling with compactors to a depth of
at least 611 on residential streets and to a depth of 12"
on major thoroughfares and collector streets. Compactors
will be used from the bottom to the finished sub -grade
elevation to compact the subgrade to 95% Standard Proctor
Density (A.S.T.M. D-698) in conformity to the line, grade
r'
and sections as shown on the plans or as established by
the Engineer.
�.. After the obstructions have been removed, or in
conjunction with such removal, the street bed and/or alley
return foundation and/or sidewalk foundation shall be
excavated and shaped in conformity with the typical
section and to the line and grades as shown on the plans
or as established by the Engineer.
All unstable or otherwise objectionable material shall be
removed from the subgrade and replaced with approved
material. The excavation shall be done in such a manner as
to require a minimum of fill to bring the subgrade to the
correct elevation. When the subgrade is too low as
initially excavated, the Contractor shall place additional
soil or caliche in layers not exceeding four (411) inches
and compact each layer by moistening and rolling.
1. Scraper Work
The utilization of a scraper for excavation and shaping of
subgrade and base is permitted with exceptions which are
determined by depths of utility lines. Unless otherwise
specified by the Engineer, the scraper shall not exceed 23
cubic yards capacity as rated loaded flush by the
manufacturer.
2. Compaction
Subgrade shall be compacted to 95% Standard Proctor
Density (A.S.T.M. D-698) for all improvements except
V-27
thoroughfare and collector street paving. Subgrade shall
be compacted to 100% Standard Proctor Density for
thoroughfare and collector street paving.
Density tests (A.S.T.M. D-2922) will be performed and test
rolling will be observed by City inspectors.
Swelling subgrade (soils with plasticity index of 20 or
more) shall be sprinkled as required to provide not less
than optimum moisture during compaction. Other subgrade
soils will be compacted at a moisture content of plus or
minus 2% of 2% below optimum moisture or other moisture
content directed by the Engineer.
Test rolling will be accomplished with a 25 ton pneumatic
tire roller or other pneumatic tire roller approved by the
Engineer. The Engineer may require up to six passes of
the roller in determing the condition of the subgrade.
Any soft or unstable areas found by test rolling will be
corrected by removing the soft or unstable material and
replacing it with suitable compacted to specified density.
The areas so corrected shall be test rolled as specified
above.
3. Intersection
Special care shall be exercised in grading street
intersections where dips are located so that the cross
profiles present a smooth riding surface and so that the
compacted base thickness will not be less than six (611) or
nine (911). Crown section shall begin to decrease 60 feet
back of end of radius for residential streets. Wider
street dips will be blue topped as shown on the detail
sheet.
4. Prosecution of the Work
The Contractor may proceed with subgrade preparation on
any schedule he may select except that, unless hindered by
factors beyond his control, not more than seven (7)
calendar days shall elapse between the time subgrade
preparation is begun and the spreading and compacting of
the base has started. Measures shall be taken by the
contractor not to leave driveways impassable during the
night hours.
5. Excess Materials
Materials excavated.in excess of that needed in fill and
backfill behind curb shall be wasted by the Contractor.
V-28-
Care shall be taken by the Contractor to use only topsoil
in the backfill behind the curbs. The Contractor may
dispose of the surplus excavated material in any manner
not objectionable to the public, and it is his
responsibility to locate a suitable site for dumping the
waste excavation. In any event, the Contractor shall not
dispose of the surplus materials in any of the lake areas
either outside or within the city limits. Location of
disposal sites near any lake area must be approved by the
Engineer.
6. Subgrade for Alley Paving
The preparation of the subgrade for concrete alley paving
shall be done in the same manner as other subgrade
excavation which requires scarifying, wetting, disking,
blading, rolling, and compacting. The Contractor will be
required to excavate around existing improvements such as
gas meter, water meters, poles, etc. Each of these
obstructions shall be the responsibility of the
Contractor. Trees that conflict with the improvements
shall be removed by the Contractor upon approval of the
Engineer.
The Contractor shall shape to subgrade to the cross-
section shown on the plans and to the lines and grades
established by the Engineer. After the forms are set and
before the reinforcing is placed, the Contractor shall
finally shape the subgrade so that there will be a minimum
thickness of concrete of five (511) inches at the
centerline and seven and one-half inches (7-1/211) at the
outside edges. All areas where fill material is required
shall be compacted. The subgrade shall be wetted and
rolled to secure 90% Proctor Density in the upper six (611)
making a firm foundation for the alley paving.
The Contractor will be required to
the alley outside of the limits of
that all drainage in the alley will
�- the concrete slab. Excess excavated
' hauled to any approved location.
B. Embankment
Description
Prior to placing any
Way" and/or "Clearing
been completed on the
which the embankment
small excavations in
r
shape the portion of
the concrete slab so
be to the invert of
materials shall be
embankment, all "Preparing Right -Of -
and Grubbing" operations shall have
excavation sources and areas over
is to be placed. Stump holes or other
the limits of the embankment shall be
V-29
backfilled with suitable material and thoroughly tamped by
approved methods before commencing embankment
construction. The surface of the ground, including plowed
loosened ground, or surface roughened by small washes or
otherwise, shall be restored to approximately its original
slope by blading or other methods and where indicated on
plans or required by the Engineer, the ground surface thus
prepared shall be compacted by sprinkling and rolling.
Where embankments are to be placed adjacent to or over
existing roadbeds, the roadbeds slopes shall be plowed or
scarified to a depth of not less than six (611) 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 -roadbed shall be scarified and recompacted with the
next layer of the new embankment. The total depth of the
scarified and added material shall not exceed the
permissible depth of layer.
Trees, stumps, roots, vegetation, or other unsuitable
materials shall not be placed in embankment.
Except as otherwise required by the plans, all embankment
shall be constructed in layers approximately parallel to
the finished grade of the roadbed and 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.
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 and 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.
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.
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 or other
acceptable methods from piles or windrows dumped from
excavating or hauling equipment in such amounts that
material is evenly distributed.
V-30
r'
Minor quantities of rock encountered in constructing earth
embankment shall be incorporated_in the specified.
�-
embankment layers, or may be placed in accordance with the
requirements for the.construction of rock embankments in
the deeper fills within the limits of haul shown on the
r
plans, provided such placement of rock is not immediately
adjacent to structures. Also, rock may be placed in the
A
portions of embankments outside the limits of the
completed roadbed width where the size of the rock
prohibits their incorporation in the normal embankment
?�
layers.
Each layer of embankment shall be uniform as to material,
density and moisture content before beginning compaction.
Where layers of unlike materials abut each other, each
layer shall be featheredged for at least 100 feet or the
material shall be so mixed as to prevent abrupt changes in
the soil. No material placed in the embankment by dumping
in a pile or windrow shall be incorporated in a layer in
that position, but 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, disking, or similar methods to the end that a
uniform material or uniform density is secured in each
layer. Water required for sprinkling to bring the material
to the moisture content necessary for maximum compaction
shall be evenly applied and it shall be the responsibility
of the Contractor to secure a uniform moisture content
throughout the layer by such methods as may be necessary.
In order to facilitate uniform wetting of the embankment
material, the Contractor shall water at the material
source if the sequence and methods used are such as not to
cause an undue waste of water. Such procedure shall be
subject to the approval of the Engineer.
1. Compaction
., The compaction method shall require that each layer shall
be compacted to the required density by any method, type,
r and size of equipment which will give the required
compaction. The depth of layers, prior to compaction,
shall depend upon the type of sprinkling and compaction
r' equipment used. Prior to and in conjunction with the
rolling 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 over the entire layer.
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.
1
V-31
j
The required compaction shall be 95% Standard Proctor
Density A.S.T.M. D-698.
After each section of earth embankment or select material
is complete, 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
may be altered on subsequent work to obtain specified
density. Such procedure shall be determined by, and
subject to, the approval of the Engineer.
At any time, the Engineer may order proof rolling to test
the uniformity of compaction of the embankment subgrade.
All irregularities, depressions, weak or soft areas which
develop shall be corrected immediately by the Contractor.
Should the subgrade, due to any reason or cause, lose
required stability, density, or finish before the pavement
structure is placed, it shall be recompacted and
refinished at the sole expense of the Contractor.
Excessive loss of moisture in the subgrade 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 subgrade
soil moisture content is more than 4 percent below the
optimum for compaction to Standard Proctor Density. (Also
see Section V, Item 2 [A] Compaction.)
At Culverts
Embankments adjacent to culverts which cannot be compacted
by use -of the blading and rolling equipment used in
compacting the adjoining sections of embankment shall be
compacted in the manner prescribed below.
The following requirements shall apply to the backfilling
of pipe culverts in addition to the pertinent portions of
the general requirements given in the preceding section.
After the bedding has been prepared and the pipe installed
as required by the pertinentspecifications, selected
materials from excavation or borrow shall be placed along
both sides of the pipe equally, in uniform layers not to
exceed six (611) inches in depth (loose measurement),
wetted and thoroughly compacted so that on each side of
the pipe there shall be a berm of thoroughly compacted
materials at least as wide as the external diameter of the
pipe, except insofar as undisturbed material obtrudes into
this area. The method and degree of compaction shall be
same as specified above.
V-32
Filling and/or backfilling shall be continued in this
manner to the elevation'of the top of the pipe. Special
care shall be taken to secure thorough compaction of the
material placed under the haunches of the pipe. All fill
or backfill below the top of the pipe shall be compacted
�.
mechanically in the same manner and to the density
prescribed above, regardless of whether or not such
`
material is placed within the limits of the: embankment or
roadbed.In the case of embankments, the remainder of the
i`
fill above the top of pipe shall be placed in accordance
with the provisions for placing roadway embankment as
prescribed in the pertinent specification included in the
contract. No construction traffic will be permitted to
cross any pipe culvert until the minimum depth of fill
above the pipe as determined by the Engineer has been
placed and consolidated.
3. BASE COURSE
The base course shall consist of a minimum of six (611) or
nine (911) inches of compacted approved caliche, black base
or combination of caliche and black base material shaped
in accordance with the typical cross -sections provided in
the plans and to the grades established by the Engineer.
A. Hauling and Placing
Approved base material shall be hauled in vehicles of
uniform capacity to the site and dumped evenly so that an
adequate quantity of material will be placed to provide a
minimum of six (611) inches of compacted base material on
all units except major thoroughfares streets. On these
streets the Contractor will construct nine (911) inches of
compacted base material.
B. Processing
Processing of caliche base shall be accomplished in
mulitiple lifts of three (311) inches in compacted depth.
Each lift or layer shall be thoroughly moistened and
rolled as it is cut from the windrow. After all of the
material is cut from the windrow to the sides, it shall be
cut back to the center in lifts of three (311) inches and
thoroughly moistened and rolled again. Succeeding layers
shall then be placed similarly until the caliche base
course is completed.
Caliche base shall be compacted
Density (A.S.T.M. D-698) for all
thoroughfare street paving shall
Standard Proctor Density.
r V-33
to 95% Standared Proctor
improvements except
be compacted to 100%
Density tests (A.S.T.M. D-2922) will be performed and test
rolling for base will be observed by City inspectors.
Caliche base shall be compacted at a moisture content of
plus or minus 2% of 2% below optimum moisture or other
moisture content directed by the Engineer.
The finished caliche base shall be test rolled with a 25
ton pneumatic tire or other approved roller. The Engineer
may require up to six passes of the roller in determining
the condition of the base.
All nine (911) inch compacted caliche base shall be "-
accomplished in three (311) inch lifts. The caliche course
shall then be sprinkled as required and rolled with
compactors as directed until a uniform compaction of —
specified "Standard Proctor Density" is secured.
Throughout this entire operation, the shape of the course
shall be maintained by blading; and the surface upon _
completion shall be smooth and in conformity with the
typical sections shown on plans and to the established
lines and grade.
Traffic may be allowed to travel on the caliche base, as
directed by the Engineer, during construction. During
this period, the caliche base shall be satisfactorily
maintained by the use of water trucks, blades, drags and
such other equipment as may be required. The base course
shall be so maintained until the wearing surface is placed
thereon. The surface shall not be placed on base course
that exceeds optimum mixture by two percent (2%).
Processing of asphaltic base shall be as directed by the
Engineer and similar to that described under Hot Mix
Asphaltic Concrete Surface. Lift thickness will be
indicated by the Engineer or as shown on the paving plans:
Electronic screed controls will be required for placing
black base on grade. The density required will be
determined by the Engineer after material to be used has
been approved. All areas and "nests" of segregated coarse
or fine material shall be corrected or removed and
replaced with well graded material as directed by the
Engineer.
Each layer of black base may be test rolled, as directed
by the Engineer, with a 25 ton pneumatic tire or other
approved roller requiring up to six passes before
succeeding layers are placed. A delay in construction of
a black base mat or surface will require test rolling and
approval prior to construction of the next layer.
V-34
C. Finishing
Description
1.
2.
The compacted base shall be finished and shaped
immediately preceding the application of the surface
treatment. All loose or unconsolidated material shall be
removed and the surface moistened and rolled with a steel
wheel roller.
Failed Density or Weak Spots in Base
The finished caliche base shall be checked for density
requirements and by test rolling. Materials that fails
the density requirement shall be reworked as necessary
until passing. The full depth of caliche base shall be
compacted to the extent necessary to remain firm and
stable under test rolling. All irregularities,
depressions or weak spots which develop shall be corrected
immediately by scarifying the areas affectd, adding
suitable material as required, reshaping and recompacting
by sprinkling and rolling. If the Contractor chooses, he
may repair the weak spot by removing the material involved
and replacing it with type "C" hot mix or asphalt
stabilized base. In this case,.the surface may be applied
as soon as the hot mix patch has been compacted and cooled
to ambient temperature.
Allowable Deviation in Finish
Immediatelv prior to Dlacina of surfacina, the base shall
be checked and any deviation in excess of three -eights
(3/8) inch from the established grade or true cross
section shall be corrected as provided above for defects.
Longitudinally a straightedge 10 feet long shall be used
to detect any deviation which shall be corrected as
defects.
4. HOT MIX ASPHALTIC CONCRETE SURFACE
4V
1.
Description
This item shall consist of 1-1/2" compacted C.O.L.
"C" or Type "D" hot mix asphaltic concrete surface,
approved crushed stone aggregate, constructed over
compacted base. The base shall be primed and a tack
applied as required.
Sampling and Testing Hot Mix Asphaltic Concrete for
Compaction
V-35
Type
using
a
coat
Hot mix asphaltic concrete will be accepted on a lot
basis. A lot will consist of 1000 tons or each days
production and will be divided into three (3) equal
sublots. Pavement density will be determined by taking
the average density for each lot, from the three sublots,
the average Maximum Theoretical Density, taken from trucks
delivering hot mix asphaltic concrete to the site. The
samples will be tested in accordance with ASTM D-2041.
Each lot of compacted pavement will be accepted, with
respect to density, when the average field density is
within the below listed specifications. Four field
density determinations will be made for each lot. Cores
taken from the pavement will be used to test the field
density. The density of the cored samples will be
determined in accordance with ASTM D-2726.
Density Specifications
Based on Maximum Theoretical Density
Minimum = 92.5%
Optimum - 96.0%
Maximum - 97.5%
If the mixture produced does not have the specified
qualities, it shall be adjusted until it does. The
pavement shall be constructed on the previously completed
and approved subgrade, base, existing pavement, bituminous
surface or in the case of a bridge, on the prepared floor
slab, as herein specified and in accordance with the
details shown on the plans.
2. Temperature Requirements
A. November 1 until April 1
1. The asphaltic mixture shall not be placed when the air
temperature is below 55 degrees F and falling.
2. The asphaltic mixture may be placed when the air
temperature is above 50 degrees F and rising.
B. April 1 till November 1
1. The asphaltic mixture shall not be placed when the air
temperature is below 50 degrees F and falling.
2. The asphaltic mixture may be placed when the air
temperature is above 45 degrees F and rising.
V-36
The air temperature shall be taken in the shade away from
artificial heat or as reported by the National Weather
r- Service on their hourly report (Telephone No. 762-0141).
The Engineer may use his discretion to require a cover
over the asphaltic mixture when being hauled from the
plant to the job site.
If the temperature of a load of asphaltic concrete
measured while passing through the lay -down machine is 25
degrees F less than the mixing temperature, the load may
be rejected by the Engineer and payment will not be made
for the rejected material.
3. Preparation of Base and Areas Bordering
The compacted base upon which the hot mix asphaltic
concrete surface is to be placed shall be prepared and
cleaned, as required by the Engineer, before the prime
coat is applied.
4. Prime Coat
The prime coat shall consist of an application of .25
gallons per square yard of MC asphalt.
5. Tack Coat
Before the asphaltic mixture is laid, the surface upon
which the tack coat is to be placed shall be cleaned
thoroughly to the satisfaction of the engineer. The
surface shall be given a uniform application of tack coat
using asphaltic materials of this specification. This tack
coat shall be applied, as directed by the engineer, with
approved sprayer. Where the 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 coat of
the asphaltic material meeting the requirements for tack
coat. The tack coat shall be rolled with a pneumatic tire
roller as directed by the Engineer.
6. Transporting Asphaltic Concrete
The asphaltic mixture, prepared as specified above shall
be hauled to the work site in tight vehicles previously
cleaned of all foreign material. The dispatching of the
vehicles shall be arranged so that all material delivered
may be placed, and all rolling shall be completed during
day -light hours. The inside of the truck body may be
V-37
given a light coat of oil, lime slurry or other material
satisfactory to the Engineer, if necessary, to prevent
mixture from adhering to the body. In cool weather or for
long hauls, canvas covers and insulating of truck bodies
may be required. Vehicles of the semi -trailer type are
prohibited.
7. Placinct
Generally the asphaltic mixture shall be dumped and spread
on the approved prepared surface with the specified
spreading and finishing machine in such manner that when
properly compacted the finished pavement will be smooth,
of uniform density and will meet the requirements of the
typical cross sections and the surface tests. During the
application of asphaltic material, care shall be taken to
prevent splattering of adjacent pavement, curb and gutter,
and structures.
The surface course shall be laid in a compacted layer with
a minimum compacted thickness of one and one-half inches
A level up course, 1/2" or more in thickness, shall
require the use of black base or a coarse grade of hot mix
approved by the Engineer. It shall be spread and
compacted to lines and grades as established by the
Engineer.
When the asphaltic mixture is placed in a narrow strip
along the edge of an existing pavement, or used to level
up small areas of an existing pavement or placed in small
irregular areas where the use of a finishing machine is
not practical, the finishing machine may be eliminated
when authorized by the Engineer, provided a satisfactory
surface can be obtained by other approved methods.
Adjacent to flush curbs, gutters, liners and structures,
the surface shall be finished uniformly high so that when
compacted it will be slightly above the edge of the curb
and flush structure.
All joints shall present the same texture density, and
smoothness as other sections of the course. The joints
between old and new pavements or between successive day's
work shall be carefully made to insure a continuous bond
between old and new sections of the course.
The transverse edges of old pavement and, if required by
the Engineer, the successive days pavement shall be sawed
with an approved concrete saw to expose an even vertical
V-38'
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surface for the full thickness of the course. All contact
surfaces of previously constructed pavement shall be
painted with a thin uniform coat of hot bituminous
material before the fresh mixture is placed.
8. Compacting
As directed by the Engineer, the pavement shall be
compacted thoroughly and uniformly to the required
density. The specified rollers shall be used, except as
provided in paragraph (3) below.
Rolling with the three wheel and tandem rollers shall
start longitudinally at the sides and proceed toward the
center of the pavement, overlapping on successive trips by
at least half the width of the rear wheels unless
otherwise directed by the Engineer. Alternate trips of
the roller shall be slightly different in length. On
super -elevated curves, rolling shall begin at the low side
and progress toward the high side unless otherwise
directed by the Engineer. Rolling with pneumatic roller
shall be done as directed by the Engineer. Rolling shall
be continued until required compaction is obtained and all
roller marks are eliminated. One tandem roller, two
pneumatic rollers and at least one three wheel roller, as
specified above, shall be provided for each job.
Additional rollers shall be provided if needed.The motion
of the roller shall be slow enough at all times to avoid
displacement of the mixture. If any displacement occurs,it
shall be corrected at once by the use of rakes and of
fresh mixture where required. The roller shall not be
allowed to stand on pavement which has not been fully
compacted. To prevent adhesion of the surface to the
roller, the wheels shall be kept thoroughly moistened with
water, but an excess of water will not be permitted. All
rollers must be in good mechanical condition. Necessary
precautions shall be taken to prevent the droppings of
gasoline, oil, grease or other foreign matter on the
pavement, either when the rollers are in operation or when
standing.
When indicated on the plans or permitted by the Engineer
in writing, the pavement may be compacted to the required
density by the use of compacting equipment other than that
specified herein.
•" Hand tamping. The edges of the pavement along curbs,
headers and similar structures, and all places not
accessible to the roller, or in such positions as will not
r.. allow thorough compaction with the roller, shall be
thoroughly compacted with lightly oiled tamps.
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V-39
Rolling with the trench type roller will be required on
widening areas in trenches and other limited areas where
satisfactory compaction cannot be obtained with the three
wheel and tandem rollers.
9. Surface Tests
The surface of the pavement, after compaction ,'shall be
smooth and true to the established line, grade and cross
section, and when tested with a 10 foot straight edge
placed parallel to the centerline of the roadway or tested
by other equivalent and acceptable means, except as
provided herein, the maximum deviation shall not exceed
1/8 inch in 10 feet, and any point in the surface not
meeting this requirement shall be corrected as directed by
the Engineer. When placed on existing surfaces, the 1/8
inch deviation in 10 feet requirement may be waived by the
Engineer.
10. Surface Density Test
See Section IV, Item 10-D. Laboratory Control.
11. Equipment
Spreading and Finishing Machine. The spreading and
finishing machine shall be of a type approved by the
Engineer, shall be capable of producing a surface that
will meet the requirements of -the typical cross section
and the surface test, when required, and shall have
adequate power to propel the delivery vehicle in a
satisfactory manner when the mixture is dumped into the
finishing machine. The finishing machine shall be equipped
'with a flexible spring and/or hydraulic type hitch
sufficient in design and capacity to maintain contact
between the rear wheels of the hauling equipment and the
pusher rollers of the finishing machine while the mixture
is being unloaded. The finishing machine shall be operated
in a low gear, or as directed by the Engineer, at a speed
to produce a surface that will meet the requirements of
the typical cross section and surface test.
Any vehicle which the finishing machine cannot push or
propel in such a manner as to obtain the desired lines and
grade without resorting to hand finishing will not be
allowed to dump directly into the finishing machine.
Vehicles dumping into the finishing machine shall be
mechanically and/or automatically operated in such a
manner that overloading the finishing machine being used
cannot occur and the required lines and grade will be
obtained without resorting to hand finishing.
V-40-
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Dumping of the asphaltic mixture in a windrow and then
placing the mixture in the finishing machine with loading
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equipment will be approved by the Engineer,provided that
the loading equipment is constructed and operated in such
a manner that substantially all of the mixture deposited
^.
on the roadbed is picked up and placed in the finishing
'
machine without contamination by foreign material of the
mixture. The loading equipment will be so designed and
operated that the finishing machine being loaded will
obtain the required line, grade and surface without
resorting to hand finishing. Any operation of the loading
equipment resulting in the accumulation and subsequent
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shedding of this accumulated material into the asphaltic
mixture will not be permitted.
Forms. The use of forms will not be required except where
necessary to support the edges of the pavement during
rolling. If the pavement will stand rolling without undue
movement, binder twine or small rope may be used to align
the edges.
Motor Grader. The motor grader, if used, shall be self-
propelled power motor grader; it shall be equipped with
pneumatic tired wheels; shall have a blade length of not
less than 12 feet; shall have a wheel base of not less
than 16 feet ; and shall be tight and in good operating
condition and approved by the Engineer.
Pneumatic Tire Rollers. The pneumatic tire roller shall be
r-� an acceptable self-propelled roller mounted on pneumatic
tired wheels, with the weight capable of being varied
uniformly from 275 to 550 pounds per inch width of tire
tread, so constructed as to be capable of being operated
in both a forward and a reverse direction and shall have
suitable provision for moistening the surface of the tires
while operating. All tires of the same roller shall be
smooth tread of equal size and diameter and shall be
arranged in such a manner that the gap between the tires
of one axle will be covered by the tires of the other.
The tire pressure of each tire shall be adjusted as
directed by the Engineer and this pressure shall not vary
by more than 5 pounds per square inch.
Two Axle Tandem Roller. This roller shall be an acceptable
power driven tandem roller weighing not less than 8 tons.
Three Wheel Roller. This roller shall be an acceptable
power driven three wheel roller weighing not less than 10
tons.
V-41
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Trench Roller. This roller shall be an acceptable power
driven trench roller equipped with sprinkler for keeping
the wheels wet and adjustable road wheel so that the
roller may be kept level during rolling. The drive shall
be not less than 20 inches wide.The roller under working
conditions shall produce 325 pounds per linear inch of
roller width and be so geared that a speed of 1.8 miles
per hour is obtained in low gear.
Straightedges and Templates. When directed by the
Engineer, the Contractor shall provide acceptable 10 foot
straightedges for surface testing. Satisfactory templates
shall be provided by the Contractor as required by the
Engineer.
All equipment shall be maintained in good repair and
operating condition and shall be approved by the Engineer.
The Contractor shall furnish such suitable machinery,
equipment, and construction forces as may be necessary, in
the opinion of the Engineer, for the proper prosecution of
the work, and failure to do so may cause the Engineer to
withhold all estimates which have or may become due or the
Engineer may suspend work until his requests are complied
with.
12. Opening to Traffic
The pavement shall be opened to traffic when directed by
the Engineer. All construction traffic allowed on the
pavement shall comply with City Ordinance governing
traffic on City Streets.
If the surface ravels,corrugates or shoves, it will be the
contractor's responsibility to correct this condition at
his expense.
5. CLEANUP
Within three days after completion of any Sub -Unit of paving
the Contractor shall clean, remove 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 a part of the cost of
the various items of work involved, and no direct compensation
will be made for this work. This work shall be done before
final acceptance of the Sub -Unit will be considered.
V-42
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Y
The cleanup shall include the sloping, filling and shaping of
the area between the curb and property line. This area shall
be filled with good top soil. When the ground behind the curb
is higher than the top of the curb, the Contractor will be
required to cut this area down to provide a smooth, even slope
between the property line and the curb.
6. PROTECTION OF EXISTING UTILITIES
A. Adjustment of Valves and Manholes
The City Forces will place valve boxes and manholes on
finished grade after the base has been finished to grade.
The Contractor shall allow the City Forces at least 3 days
to do this work after finishing the base and before
application of asphalt. It shall be the responsibility of
the Contractor to notify the Water and Sewer Department 48
hours after curb and gutter has been completed so that the
City Forces can properly schedule their work. In all
alleys the City Forces will set the valve boxes and
manholes to grade after the forms are in place. Any
variation in this procedure that causes expense to the
City shall have the approval of the Engineer, and such
expense shall be borne by the Contractor.
B. Installation, Adjustments, and Protection of. Utilities
and Traffic Installations
The plans show only approximate locations of utilities as
obtained from the various utility companies and shall not
relieve the Contractor from familiarizing himself with all
underground utilities. It is not implied that all existing
utilities are shown on the plans. The City of Lubbock does
not assume any responsibility for any utility lines which
are not shown on the plans.
The utility companies will attempt to move all utilities
that can be reasonably removed prior to beginning of
construction; however, this does not relieve the
Contractor from any damage that he might do to any utility
property. In case of any damage, the Contractor shall
immediately notify the utility company.
City Water and Sewer
Lubbock Power and Light
City Traffic Shop
Energas Traffic Shop
V-43
762-6411,Ext.2595
762-6411,Ext.2554
762-6411, Ext.2140,2144
741-4200
Southwestern Public Service
Southwestern Bell Telephone
Cox Cable of Lubbock
City Traffic Engineering
763-2881
741-6101
793-2222
762-6411,Ext.2132
Sequence: The sequence of utility adjustments has been
mutually agreed upon by the utility companies in the City
of Lubbock and will attempt to follow the following
schedule:
Plans for contract project will be delivered to all
utility companies two weeks prior to opening bids. As a
general rule, these projects will have been staked.
The utility companies will relocate all items necessary,
locate and flag all meters, valves, manholes, underground
cables, etc., prior to the date the Contractor is to begin
construction.
After the subgrade is completed on alley paving projects,
and after the base is completed on all street paving
projects, all manholes, valve boxes , etc., will be set to
finished grade by the utility companies. The site shall be
left in a clean condition.
On all projects, including private contracts, the
Contractor shall exercise care not to damage any sanitary
sewer pipe or manholes, storm sewer pipe or manholes, or
telephone cable or manholes, water or gas lines, valve
boxes , meter boxes, nor any other pipe or utility. If
necessary, the Contractor shall call the department or
company concerned and make arrangements for adjusting the
manhole, valve box, meter box,or other utility to grade.
On all projects for which he is awarded a contract, the
Contractor will be responsible during the construction
period for any damages to manholes, valve boxes, meter
boxes, and other utilities.
Should any item be damaged during the process of
construction, the Contractor is to notify the affected
utility company and the City inspector. The utility
company will immediately repair the damaged item. Any
bills for damage will be sent through the Department of
Engineering. The Department of Engineering will process
all bills and fix responsibility for damage and govern the
extent of repair.
V-44
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Private contracts do not have plans, but utility companies
will be furnished cut sheets and notified of impending
construction by letter. Other items such as adjustments,
°
damages, etc. will be handled the same as for bid let
projects.
r
The utility companies will schedule their work with the
`
Contractor. When utility adjustments commence before the
contract is awarded, it will be the responsibility of the
utility company to barricade the project.
Unless otherwise agreed upon by the City and the utility
companies involved, the sequence of installation of
underground utilities shall be as follows:
0
Utility Sequence
Sewer First
Electric (Primary) Second
Electric (Secondary) Third
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Telephone Fourth (last if no power or
T.V.)
..
T.V. Cable Fifth
Water Sixth
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Gas Seventh
.. Traffic Engineering Eighth
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On all projects, including private contracts, the
Contractor shall not place curb and gutter or base
r' material at points where underground utilities cross or
propose to cross until such utilities have been adjusted
or installed.
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V-45
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(THIS PAGE LEFT BLANK INTENTIONALLY)
NOTICE OF ACCEPTANCE
(THIS PAGE LEFT BLANK INTENTIONALLY)
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City of Lubbock
P.O. Box 2000
Lubbock. Texas 79457
806-767-3000
WILLIAMS & PETERS CONSTRUCTION
BOX 5215
ATTN: DEAN WILLIAMS
LUBBOCK TX 79417
SUBJECT: En -Carlisle Paving
The City of Lubbock, having considered
opened on the 13th day of August, 1991, for
materials to be furnished in and for:
City of Lubbock Bid # 11478
EN-CARLISLE PAYING
September 18, 1991
the proposals submitted and
work to be done and
as set forth in detail in the Specifications, Plans, and Contract
Documents for such work for the City of Lubbock; it appearing that your
proposal is fair, equitable and to the best interest of said City,
please take notice that said proposal was accepted by the City Council
of the City of Lubbock on the September 12, 1991, at the bid price
contained therein, subject to the execution of and furnishing of all
other documents specified and required to be executed and furnished
under the contract documents. It will be necessary for you to execute
and furnish to the City of Lubbock all such documents within ten (10)
days from your receipt of this Notice.
The five percent (5%) bid security, submitted with your proposal,
will be returned upon the execution of such contract documents and bonds
within the above specified ten (10) day period. In the event you should
fail to execute and furnish such contract documents and bonds within the
time limit specified, said bid security will be retained by the City of
Lubbock.
CITY OF BBOCK
- d 1 '14
Gene Eads, C.P.M.
Purchasing Manager
No Text
No Text
(THIS PAGE LEFT BLANK INTENTIONALLY)
F
SFMECIAL CONDITIONS
ClaMGEW—P-M. THE WORK . K
ft'&i� The)4Z1dW pdblic Agi My may increase the quantity of the work
2, a C::,-1n-1tUe-06n-tpact by st€j3plementary projects, not included in
LZI-c— withouV invalidating the Contract, and without
-ram release the Contractor from any of his
+�-=-�bFiatitinsender t1reh- or any guarantee given by him
fL .��µ� -, �* - t�fsh$ntk the Contact provisions, and without affecting
thelegUaranty bonds, and without relieving or
tthdl suret-�tIbr sureties of said bonds. All such
+` y °r�k shalle b'e exect4d under the terms of the original
Cbli€-ttR,-Vl'ess it tisi expressly provided otherwise.
unit tpi ces are contained in the agreement
a re'dtilt of either a unit price bid or a
Unit Prices) the Local Public Agency
s na
3 yl der he'Cbnt �tor to proceed with desired additions to
4 A L�
the``-,WorZ at ' a'1r'est1-t1tof supplementary projects, the value of
,3 •��': :"3• a. h hat ges to b4)QlAermined by the measured quantities
ifiVbTV-d tt�' d th4r---ag�Mcable unit prices specified in the
Conrac;rovi�d' -teat in case of a unit price contract the
...--'°etKzVaiue df a-1 actions does not increase or decrease the
o-ig-ifi&11ltotal: amok, shown in the Agreement by more than
VWdri'ty-:CRte (26 o-) .
4Bept-bSr the-pUr-P2�P-z of affording protection against any
. r"`emetl'1%'endange�' health, life, limb or property, the
ti :=` �'���lritract%shali�ma= no change in the materials used or in
w' - - e =sperm tied=marieror construction and/or installing the
r. ' T� iproVem�rits or sa] }W-y additional labor, services or
'""-atefialieyonctY#° actually required for the execution of
unfld,11P`in pursuance of a written order from the
Bcick-kpub t c Agenoy'Authorizing the Contractor to proceed
1=iel" w i='thV-rbhange Nbfcblaim for an adjustment of the contract
°' '-- =• pilicelVill'ibe Va11d.cbnless so ordered.
r-+
vhe,-,WD4&Yi'fitande and/or his assistants will not be allowed
t" �T."�%%- tcseYVe+ab<'€ttdris simultaneously, such as operating
= � -Tir— -rack r��jey And y>a iTas Superintendent at the same time. The
IMp ftt4hdentrm V-tbe free of individual responsibilities to
3f�as- !-,I am bletMnF--�.o� entire project his constant attention
thereof.
7
SC-1
3. TIME AND ORDER FOR COMPLETION
No work will be allowed from November 1st through January 2nd
unless approved by the Engineer.
The construction covered by the contract documents shall be
fully completed within 6W working days from the date
specified in the Notice to Proceed issued by the City of
Lubbock to the successful bidder.
4. MAINTENANCE OF DETOURS
The Contractor shall do such work as may be necessary to
maintain detours and facilities for safe public travel.
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.
5. PUBLIC SAFETY AND CONVENIENCE
The safety of the public and the convenience of traffic shall
be regarded as of prime importance. It shall be the entire
responsibility of the Contractor to provide for ingress and
egress to private property. Ingress and egress to private
property shall be provided as specified in the plans or as
directed by the Engineer.
The Contractor shall plan and execute his operations in a
manner that will cause the minimum interference with traffic.
The Contractor shall secure the Engineer'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 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 Engineer. Flaggers shall
be English speaking, courteous, well informed, physically and
SC-2
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mentally able to effectually perform their duties in
safeguarding and directing traffic and protecting the work,
r" and shall be neatly attired and groomed at all times when on
duty. When directing, flaggers shall use standard attire,
flags and signals and follow the flagging procedures set
forth in the Texas Manual on Uniform UNIFORM TRAFFIC CONTROL
DEVICES for Streets and Highways.
6. 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 Engineer. All
barricades, warning signs, barriers, cones, lights, signals
and other such type devices shall conform to details shown on
the plans and as directed by 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 Engineer.
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.
7. PROSECUTION OF WORK
Not more than seven (7) calendar days shall elapse between
the time subgrade preparation is begun and the time of
spreading and compaction of the base.
At no time during the period of construction shall driveways
and/or alleys be left impassable between the night hours of
6:00 a.m. to 6:00 p.m., except during the construction of the
curb and gutter for which the driveways and/or alleys shall
remain closed not more than seven (7) days including four (4)
days for curing.
The Contractor is responsible for communications with
adjacent property owners during construction that may limit
or deny access to their properties.
SC-3
8. WATER
Water for this project will be furnished by the City of
Lubbock at fire hydrants designated by the Contractor for
which there will be no charge. The Contractor will be
furnished loading racks by the City Director of Water
Utilities. The loading rack will be equipped with a valve
which will be pad -locked at all times except when the
Contractor's truck is loading. The valve on the loading rack
shall be used by the Contractor and at no time will the
Contractor use the fire hydrant valve. The padlock on the
rack valve shall be furnished by the Contractor. The
Contractor shall not use any,fire hydrants for water loading
unless there is an authorized rack on the fire hydrant. The
Contractor will not be allowed to use water from authorized
loading racks except on City approved projects. Water, which
is supplied by the City, is intended for use in compacting
subgrade and base and maintaining dust control. It is not
the intention of the City to furnish water for use in mixing
concrete.
9. RESTRICTIONS AND REQUIREMENTS FOR CONSTRUCTION
A. The Contractor will need special permission to be
permitted to work on weekends or legal holidays and shall
do no work on any contract item before daylight or later
than one hour after sundown, except as directed and
approved by the Engineer. No work will be allowed between
November 1 and January 2, unless approved by the Engineer.
B. A 1:2 dilute emulsion treatment with MS-1 or SS-1
emulsified asphalt at a rate of .10 gallon per square
yard will be applied to the A.C. surface within ten (10)
days of the placement of the A.C. surface.
C. Temperature Requirements (The temperature readings
to be used will be as reported by the National Weather
Service on an hourly report [Telephone Number 762-0141)).
(A) HMAC - November 1 until April 1
1. The asphaltic mixture shall not be placed,
when the air temperature is below 550F.
and falling.
2. The asphaltic mixture may be placed when
the air temperature is above 50OF and
rising.
SC-4
t" (B) HMAC - April 1 till November 1
1. The asphaltic mixture shall not be placed
when the air temperature is below 500F.
and falling.
2. The asphaltic mixture may be placed when
the air temperature is above 450F. and
rising.
(C) Asphalt Stabilized Base
1. The asphaltic mixture shall not be placed
when the air temperature is below 450 F and
falling.
2. The asphaltic mixture may be placed when the
air temperature is above 400 F and rising.
The engineer may use his discretion to require
a cover over the asphaltic mixture when being
hauled from the plant to the job site.
D. Unless otherwise approved by the engineer, the minimum
temperature of asphalt materials immediately after
placement by the laydown machine will be 3000 F for
asphaltic concrete surface and 2750 F for asphalt
stabilized base.
E. Standby rollers shall be located at the job site for
immediate use if needed.
r. F. Proof rolling will be required on subgrade, caliche base,
f black base, embankment or surface. After rain showers if
deemed necessary by the Engineer each item that was
approved will be re -rolled. The proof rolling will be
performed using a self-propelled 25 ton pneumatic roller
t - with certified weight certificate.
F
G. Preliminary approval, by the Engineer, of aggregate at the
pit and crusher location shall be required, prior to
delivery to the plant. Final approval of the stockpile
material, at the hot mix plant or concrete plant, or
stockpile locations will be required by the Engineer,
after which no additional aggregate will be added to the
approved stockpile prior to entering the mixing plant.
H. During the period of construction the Contractor will not
use private driveways for turning or parking his
equipment. Any damage to sidewalks, driveways, slabs or
SC-5
curb and gutter will be replaced at the Contractor's
expense.
I. Before any portion of any street is closed to traffic the
Contractor will be required to have sufficient equipment
on the site to start the construction, and at no time
will any section of the closed area be left three (3) days
without some type of work being performed. If there is a
shortage of equipment to work on all areas of the closed
section then the Contractor will be required to provide
additional equipment.
It is the intent of these requirements to construct the
improvements listed in this contract with the least
inconvenience to the property owners and the traveling
public. In the event damage occurs to pavement in the
area of a fire hydrant, which was caused by the
Contractor's employees negligence to shut off the valve on
the loading rack, it will be the Contractor's
responsibility and expense to repair the paving and
replace curb and gutter if required by the Engineer.
10. REMOVING OBSTRUCTIONS
The Contractor shall familiarize himself with the existing
obstructions including sidewalks, trees, poles, etc., prior
to construction. It shall be the Contractor's responsibility
to remove these obstructions at the direction of the Engineer
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.
11. TEST OF MATERIALS
These requirements apply to this contract and all
construction work on all streets and alleys including new
subdivisions, streets and alley use permits.
The Contractor will bear the cost of all material tests on
hot mix design and concrete design. The City will bear the
cost on tests during construction such as density on caliche
base, gradation on concrete and paving aggregates and density
and asphalt extraction test on hot -mix and black base.
(A) Caliche Base Materials
Before materials can be used on any street,
current (not older than 30 days) test reports
SC-6
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` will be submitted to the Engineer for approval
and test reports will be required every 30 days
before this material can be used continuously on
City streets. During the construction period,
tests that fail will require re -testing by the
•- City lab at the contractor's expense.
(B) Concrete Mix Design (IV-2-E) and
Preconstruction Test (IV-2-D)
The Contractor or concrete supplier will submit
a mix design on the crushed stone and gravel
t'
approximately (20) days before beginning the
concrete operation for approval by the Engineer.
Contractors or Concrete Suppliers that supply
�.
concrete for any contract, new -subdivision,
street or alley use permits will be required
to submit to the City Engineer a concrete mix
design every thirty (30) to forty-five (45)
rdays
for approval. Any contractor or concrete
E_
supplier that does not have a current mix design
on file with the City Engineer will not be per -
permitted to furnish concrete for any project within
the City of Lubbock until mix design is received.
The City of Lubbock Testing Laboratory will make
test cylinders during the construction period.
When test cylinders fail to meet the required
strength at the 7 or 28 day break, the concrete in
question will be cored by the City of Lubbock
Testing Laboratory within three days after the 7 or 28
day break. If the core samples fail to meet the required
�..
strength, the concrete will be rejected and removed. The
cost of coring on concrete that fails on the core test
will be charged to the Contractor or Concrete
Supplier. After the mix design is submitted and
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approved by the Engineer, no changes in the design
or materials will be permitted without approval of
the Engineer.
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'
(C) Cement
Certified mill test on each car or transport.
(D) Asphalt
Certified Lab Test.
(E) Density Test
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12.
The City of Lubbock Testing Laboratory will
provide density tests on the base or subgrade.
The City of Lubbock Lab will be the final authority on
all tests.
(F) Paving Aggregate
11 d stone shall have a max* of fifteen
percent (15%) tes y the �A.S.T.M.
(4)I \11A
cycle magnesium soun C-88 as rmed by the City of Lubbo.
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.
13. UNDERGROUND UTILITIES
The Contractor's attention is directed to the fact that
pipelines and other underground installations as may be shown
of the plans have been taken from the best available
information. There may be other pipelines or installations.
The Contractor shall save harmless the City from any and all
suits or claims resulting from damage by his operations to
any pipeline or underground installation.
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It is the Contractor's responsibility, during the period of
street construction, to insure that all utility cuts in the
r
limits of street construction have been properly backfilled,
compacted and the top 6" inches backfilled with 3-sack
concrete. It is not the intent to require the Contractor to
provide for the utility cut repair but for the individual
k
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 Engineer's option, to
repair the cut with 3-sack cement stabilized caliche at the
unit price bid..
14. WORKING HOURS
Construction work under this contract requiring an inspector
will not be performed on weekends or holidays unless the
following conditions exist:
(A) The project being constructed is essential to
the City of Lubbock's ability to provide the
necessary services to it's citizens.
(B) Delays in construction are due to factors
outside the control of the Contractor. The
Contractor is approaching the penalty provi-
sions of the contract and Contractor can
show he has made a diligent effort to
complete the contract within allotted time.
Before construction work requiring an inspector is to be
performed on weekends or holidays, the Contractor must notify
the Owner's Representative not less than three (3) full
working days prior to the weekend or holiday he desires to do
work and obtain written permission from the Owner's
Representative to do such work. The final decision on
whether to allow construction work requiring an inspector on
weekends or holidays will be made by the Owner's
Representative.
In any event, if a condition should occur or arise at the
site of this project or from the work being done under this
contract which is hazardous or dangerous to property or life,
the Contractor shall immediately commence work regardless of
the day of the week or the time of day, to correct or
alleviate such condition so that it is no longer dangerous to
property or life.
No work will be allowed from November ist through January 2nd
unless approved by the Engineer.
r SC-9
15. 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.
16. 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 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.
17. EXTENSION OF TIME - TIME FOR COMPLETION
An extension of time will not be allowed on this project.
The project completion will be based on working days allowed
instead of calendar days allowed.
All places in these documents referring to the number of
calendar days to complete the project are hereby revised and
termed the number of working days to complete the project.
A working day is defined as a calendar day, not including
Saturdays, Sundays, or designated City of Lubbock holidays,
in which weather or other conditions not under the control of
the Contractor will permit the performance of the principal
unit of work underway for a continuous period of not less
than seven (7) hours between 7:00 a.m. and 6:00 p.m. For
every Saturday or designated City of Lubbock holiday on which
the Contractor chooses and has the proper authorization to
work, one day will be charged against the contract working
time when weather conditions will permit seven (7) hours of
work as delineated above. Work on Sunday will not be
permitted except in cases of extreme emergency and then only
with the written permission of the Engineer. If Sunday work
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is permitted, working time will be charged on the same basis
as week days.
The Contractor shall complete the work within the number of
working days stated in these documents. For the purpose of
r- computation, working days will be considered to begin with
the effective date stated in the "Notice to Proceed".
The Engineer will furnish the Contractor a monthly statement
showing number of working days charged during the month,
total number of working days allowed in contract, and the
working days remaining under contract. The Contractor will
be allowed ten (10) days in which to protest the correctness
of the statement. This protest shall be in writing, and
shall show cause. Not filing a protest within the allowed
ten (10) days for any statement will indicate the
Contractor's approval of the time charges as shown on that
time statement and future consideration of that statement
will not be permitted. If the satisfactory completion of the
contract shall require unforseen work or work and materials
in greater amounts than these set forth in the contract, then
additional working days or suspension of time charge will be
allowed the Contractor equal to the time which, in the
opinion of the Engineer, the work as a,whole is delayed.
If the Contractor fails to complete the contract in the
working days specified, the stated liquidated damages will be
charged for each working day thereafter.
18. TRAFFIC SIGNALS RELOCATIONS
The traffic signals at this intersection will be relocated by
City forces. Contractor will schedule his construction
activities to permit installation of conduits, bases and
signals as required by the City Traffic Engineering
Department. Bidders are advised that the traffic signals are
to remain in operation at all times. The order of
construction work shall be coordinated with the Traffic
Engineering Department to insure this.
(Construction of the center islands must be completed before
reconstruction of the corners of the intersection to allow
new signal equipment to be installed and the signals to
remain in operations during all times. After completion of
the center islands, the City will install new poles and mast
arms with new signal heads and make them operational. The
City will then remove the existing poles and mast arms of the
N.W. and S.E. corners after which the contractor may proceed
with reconstruction of the N.W. and N.E. corners.)
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