HomeMy WebLinkAboutResolution - 2022-R0514 - Public Works Contract 16919 with Lone Star Dirt & Paving 12.13.22Resolution No. 2022-RO514
Item No. 5.13
December 13, 2022
RESOLUTION
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Mayor of the City of Lubbock is hereby authorized and directed to execute
for and on behalf of the City of Lubbock, Public Works Contract No. 16919 for unpaved
roads improvements C.O. Phase 2 Project as per RFP 23-16919-TF, by and between the City
of Lubbock and Lone Star Dirt & Paving, Ltd., of Lubbock, Texas, and related documents.
Said Contract is attached hereto and incorporated in this resolution as if fully set forth herein
and shall be included in the minutes of the City Council.
Passed by the City Council on
ATTEST:
Rebec a Garza, City Secre
APPROVED AS TO CONTENT:
1 j,
Erik Rejino, Assistant City Manager
APPROVED AS TO FORM:
ALD�-�-
ielli Leisu , Assistant City Attorney
December 13, 2022
TRAY A ,MAYOR
ccdocs/RES.Public Works Contract 16919 Lone Star Dirt & Paving, Ltd.
11.21.22
PROPOSAL SUBMITTAL FORM
UNIT PRICE PROPOSAL CONTRACT
DATE:
PROTECT NUMBER: RFP 23-16919-TF Unpaved Roads Improvements C.O. Phase 2 Project
Proposal of n - r r4 � � L- t J _ (hereinafter
called Offeror)
To the Honorable Mayor and City Council City of Lubbock, Texas (hereinafter called Owner)
Ladies and Gentlemen:
The Offeror, in compliance with your Request for Proposals for construction of the referenced project, having
carefully examined the plans, specifications, instructions to offerors, notice to offerors and all other related
contract documents and the site of the intended work, and being familiar with all of the conditions
surrounding the construction of the intended project including the availability of materials and labor, hereby
intends to furnish all labor, materials, and supplies; and to construct the project in accordance with the plans,
specifications and contract documents, within the time set forth therein and at the price stated. The price to
cover all expenses incurred in performing the work required under the contract documents.
PROPOSED CONSTRUCTION TEWE:
1. Contractors proposed CONSTRUCTION TIME for completion:
TOTAL CONSECUTIVE CALENDAR DAYS: 3.2D (to Substantial Completion)
TOTAL CONSECUTIVE CALENDAR DAYS: l) (to Final Completion)
(not to exceed 500 consecutive calendar days to Substantial Completion / 560 consecutive calendar days
to Final Completion).
Offeror hereby agrees to commence the work on the above project on a date to be specified in a written "Notice
to Proceed" of the Owner and to substantially complete the project within 500 Consecutive Calendar Days
with final completion within 560 Consecutive Calendar Days as stipulated in the specification and other
contract documents. Offeror hereby further agrees to pay to Owner as liquidated damages in the sum of $600
for each consecutive calendar day after substantial completion and liquidated damages in the sum of $300 for
each consecutive calendar day after final completion set forth herein above for completion of this project, all
as more fully set forth in the General Conditions of the Agreement.
Offeror understands and agrees that this proposal submittal shall be completed and submitted in
accordance with instruction number 28 of the General Instructions to Offerors. Offeror understands that the
Owner reserves the right to reject any or all proposals and to waive any formality in the proposing. The
Offeror agrees that this proposal shall be good for a period of sixty (60) calendar days after the scheduled
closing time for receiving proposals.
The undersigned Offeror 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 proposal,
and he further agrees to commence work on the date specified in the written notice to proceed, and to
substantially complete the work on which he has proposed; as provided in the contract documents.
11/16/122 1:14 PM
Offerors are required, whether or not a payment or performance bond is required, to submit a cashier's
check or certified check issued by a bank satisfactory to the City of Lubbock, or a proposal bond from a reliable
surety company, payable without recourse to the order of the City of Lubbock in an amount not less than five
percent (5%) of the total amount of the proposal submitted as a guarantee that offeror will enter into a contract,
obtain all required insurance policies, and execute all necessary bonds (if required) within ten (10) days after
notice of award of the contract to him.
11/161122 1:15 PM
City of Lubbock, TX
Public Works
RFP 23-16919-TF
Unpaved Roads Improvements C.O. Phase 2 Project
Lone Star Dirt & Paving, Ltd. of Lubbock, TX
Al
Items
Base Bid
# 1-1 MOBILIZATION
#1-2 SWPPP
#1-3 PREPARING OF RIGHT-OF-WAY
#1-4 ASPHALT REMOVAL
#1-5 CONCRETE REMOVAL
#1-6 24" COL TYPE A OR B CURB AND GUTTER CURB
# 1-7 F X 1 RIBBON CURB
#1-8 2" HMAC COL TYPE C
#1-9 6" CONCRETE VALLEY GUTTER AND FILLET
#1-10 6" CONCRETE ALLEY RETURNS AND DRIVEWAYS
#1-11 ADA RAMP
#1-12 MANHOLE 1 VALVE ADJUSTMENTS
ternate -Ash Ave.
#2-1 OBILIZATION
#2-2 TE RARY STORMWATER POLLUTION PREVENTION
AND ER ON CONTROL MEASURES
#2-3 TRAFFIC CON L
#24 TREE REMOVAL
#2-5 ASPHALT REMOVAL
#2-6 CONCRETE REMOVAL
#2-7 EXCAVATION FOR ROADWAYS
#2-8 ROADWAY EMBANKMENT (PLACEMENT O TE
EXCAVATED MATERIAL)
#2-9 PAVEMENT SECTION (2.5" HMAC, 10" EXIBLE BA
COURSE, 12" COMPACTED SUB DE)
#2-10 24" CONCRETE CURB AN TTER
QTY Unit Extended
+/- U/M Price Cost
13
LS
$6,000.00
78,000.00
13
LS
3,000.00
39,000.00
75
STA
1,500.00
112,500.00
4209
SY
25.00
105,225.00
251
SY
50.00
12,550.00
13075
LF
30.00
392,250.00
2402
LF
40.00
96,080.00
25485
SY
45.00
1,146,825.00
359
SY
80.00
28,720.00
961
SY
80.00
76,880.00
9
EA
1,800.00
16,200.00
7
EA
2,000.00
14,000.00
1
LS
6,000.00
6, 00
1
LS
12,000.00
12,000.00
1
LS
1 0.00
10,000.00
1
L
15,000.00
15,000.00
215
SY
25.00
53,925.00
5
SY
50.00
4,750.00
1310
CY
12.00
15,720.00
1118
CY
12.00
13,416.00
9366 SY 72.00 674,352.00
LF 30.00 103,260.00
#2-11
6" CONCRETE DRIV AYS
131
S
80.00
10,480.00
#2-12
8" CONCRETE ING
142
SY
5.00
12,070.00
#2-13
8" CONC E FILLETS AND VALLEY GUTTERS
731
SY
90.
65,790.00
#2-14
5" ED CONCRETE DRAINAGE FLUME
29
SY
80.00
2,320.00
#2-1
ATER VALVE BOX ADJUSTMENT
4
EA
1,200.00
4, 00
-16
WATER VALVE VAULT MANHOLE RIM ADJUSTMENT
1
EA
2,000.00
2 000.0
Total (Items 1-1 through 1-12): $2,118,230.00
Enclosed with this proposal is a Cashier's Check or Certified Check Enclosed with
this proposal is a Cashier's Check or Certified Check for
Dollars ($ ) or a Proposal Bond in the sum
Of ~+cac 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, insurance certificates, and the required bond (if any) with the Owner within
ten (10) business 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.
Offeror understands and agrees that the contract to be executed by Offeror shall be bound
and include all contract documents made available to him for his inspection in accordance with
the Notice to Offerors.
Pursuant to Texas Local Government Code
252.043(p), a competitive sealed proposal that
has been opened may not be changed for the
purpose of correcting an error in the proposal
price. THEREFORE, ANY CORRECTIONS
TO THE PROPOSAL PRICE MUST BE MADE
ON THE PROPOSAL SUBMITTAL FORM
PRIOR TO PROPOSAL OPENING.
(Seal if Offeror is a Corporation)
ATTEST:
Secretary
Offeror acknowledges receipt of the following addenda:
Addenda No.
Date
Addenda No.
Date
Addenda No.
Date
Addenda No.
Date
M/WBE Firm:
Date: // - It. - .L
Aut 6rized Signature
(Printe or Typed Name)
_LOr,e-
Company
t-L v
Address
4k
City, �- County
State Zip Code
Telephone: AU I. - 7 /
Fax: fp L - 7 ,I r iia 2M
Email: =-tadc,� n s - d,. �.ite
FEDEAL TAX ID or SOCIAL SECURITY
No.
111161,22 1:15 PM
CERTIFICATE OF INTERESTED PARTIES
FORM 1295
1of1
Complete Nos. 1- 4 and 6 if there are interested parties.
OFFICE USE ONLY
Complete Nos.1, 2, 3, 5, and 6 if there are no interested parties.
CERTIFICATION OF FILING
Certificate Number:
2022-959267
1 Name of business entity filing form, and the city, state and country of the business entity's piece
of business.
LONE STAR DIRT & PAVING
Lubbock, TX United States
Date Filed:
11/29/2022
2 Name of governmental entity or state agency that is a party to the contract for whichthe is
being filed.
City of Lubbock
Date Acknowledged:
3 Provide the identification number used by the governmental entity or state agency to track or identify the contract, and provide a
description of the services, goods, or other property to be provided under the contract.
RFP 23-16919-TF
Unpaved Roads Improvements C.O. Phase 2 Project
4
Name of Interested Party
City, State, Country (place of business)
Nature of interest
(check applicable)
Controlling
Intermediary
Sanders, Wesley
Lubbock, TX United States
X
Turner, Steve
Lubbock, TX United States
X
5 Check only if there is NO Interested Party. ❑
6 UNSWORN DECLARATION
My name is e- - -S. l Jl �'�` ,and my date of birth is �
My address is ro W,
(Skeet) (city) (State) (zip code) (Y)
I declare under penalty of perjury that the foregoing is true and correct
Executed in _Courtly. State of on the day ofLL . 20�
() (year)
re of authorized agent of contracting business entity
(Dedarart)
rorms proviaeo oy i exas tmics t,;ommission www.etrucs.staze.tx.us Version V3.5.1.eb87ef42
11/291122 3:50 PM
CERTIFICATE OF INTERESTED PARTIES
FORM 1295
1 of 1
Complete Nos. 1- 4 and 6 if there are interested parties.
OFFICE USE ONLY
Complete Nos. 1, 2, 3, 5, and 6 if there are no interested parties.
CERTIFICATION OF FILING
Certificate Number:
1
Name of business entity filing form, and the city, state and country of the business entity's place
of business.
2022-959267
LONE STAR DIRT & PAVING
Lubbock, TX United States
Date Filed:
11/29/2022
2
Name of governmental entity or state agency that is a party to the contract for which the form is
being filed.
City of Lubbock
Date Acknowledged:
11/29/2022
3
Provide the identification number used by the governmental entity or state agency to track or identify the contract, and provide a
description of the services, goods, or other property to be provided under the contract.
RFP 23-16919-TF
Unpaved Roads Improvements C.O. Phase 2 Project
4
Name of Interested Party
City, State, Country (place of business)
Nature of interest
(check applicable)
Controlling
Intermediary
Sanders, Wesley
Lubbock, TX United States
X
Turner, Steve
Lubbock, TX United States
X
5
Check only if there is NO Interested Party. ❑
6
UNSWORN DECLARATION
My name is and my date of birth is
My address is
(street) (city) (state) (zip code) (country)
I declare under penalty of perjury that the foregoing is true and correct.
Executed in County, State of on the day of , 20
(month) (year)
Signature of authorized agent of contracting business entity
(Declarant)
Forms provided by Texas Ethics Commission www.ethics.state.tx.us Version V3.5.1.eb87042
BOND CHECK
BEST RATING
LICENSED IN TEXAS
DATE BY:
CONTRACT AWARD DATE: December 13, 2022
CITY OF LUBBOCK
SPECIFICATIONS FOR
Unpaved Roads Improvements C.O. Phase 2 Project
RFP 23-16919-TF
CONTRACT 16919
PROJECT NUMBER: 92712.9240.30000
Plans & Specifications may be obtained from
htlps:Hci-lubbock-tx.bonfirehub.com/
City of 1 '
bb o cn
TEXAS
CITY OF LUBBOCK
Lubbock, Texas
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INDEX
NOTICE TO OFFERORS
GENERAL INSTRUCTIONS TO OFFERORS
TEXAS GOVERNMENT CODE § 2269
PROPOSAL SUBMITTAL FORM — (must be submitted by published due date & time)
4-1. PROPOSAL SUBMITTAL FORM
4-2. SUBMITTAL OF DOCUMENTS
4-3. CONTRACTOR'S STATEMENT OF QUALIFICATIONS
POST -CLOSING DOCUMENT REQUIREMENTS — (to be submitted no later than seven business days
after the close date when proposals are due)
5-1. FINAL LIST OF SUB -CONTRACTORS
PAYMENT BOND
PERFORMANCE BOND
CERTIFICATE OF INSURANCE
CONTRACT
GENERAL CONDITIONS OF THE AGREEMENT
WAGE DETERMINATIONS
SPECIAL CONDITIONS (IF APPLICABLE)
SPECIFICATIONS
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NOTICE TO OFFERORS
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City of
Lubbock
TEXAS
RFP 23-16919-TF
Unpaved Roads Improvements C.O.
Phase 2 Project
1. NOTICE TO OFFERORS
1.1. Offerors may submit proposals electronically by uploading required documents at the City of
Lubbock's partner's website, Bonfire. This Request for Proposals is for your convenience in
submitting an offer for the specified services. If submitting electronically, do not submit paper
documents. If you choose to submit in hard copy, submit one original paper copy of your
submittal to the office of the Director of Purchasing and Contract Management:
Physical: Marta Alvarez, Director of Purchasing and Contract Management
City of Lubbock
13 14 Avenue K, 9th Floor
Lubbock, Texas 79401
Mailing: Marta Alvarez, Director of Purchasing and Contract Management
City of Lubbock
P.O. Box 2000
Lubbock, Texas 79457
MARK ENVELOPE WITH THE SOLICITATION NUMBER, TITLE, AND DUE DATE/TIME
1.2. Proposals will be opened in the office of the Director of Purchasing and Contract Management,
Citizens Tower, 1314 Avenue K, Floor 9, Lubbock, Texas, 79401, and via teleconference as
shown below at 2:00 PM on November 16, 2022, 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 above referenced.
1.3. After the expiration of the time and date above first written, said sealed proposals will be opened
in the office of the Director of Purchasing and Contract Management and publicly read aloud.
Bids will be opened via teleconference if date/time stamped on or before the deadline stated at the
office listed above. The Zoom meeting information is as follows:
Website: https://zoom.us/j/9759171012?pwd=bkFtRTN1cXV 1 SkhWdkZiMDk4MXh2dzO9
Meeting ID: 975 917 1012
Passcode: 1314
1.4. It is the sole responsibility of the offeror to ensure that his proposal is actually in the office of the
Director of Purchasing and Contract Management for the City of Lubbock, before the expiration of
the date above first written. Any proposal received after the date and hour specified will be rejected
and returned unopened to the offeror.
1.5. Mailing of a proposal does not ensure that the proposal will be delivered on time or delivered at all.
If offeror does not hand deliver proposal, we suggest that he/she use some sort of delivery service
that provides a receipt. The City of Lubbock assumes no responsibility for errant delivery of
proposals, including those relegated to a courier agent who fails to deliver in accordance with the
time and receiving point specified.
1.6. Although offers may be submitted electronically, hard copy proposals will be accepted in person, by
United States Mail, by United Parcel Service, or by private
courier service. THE CITY WILL NOT ACCEPT FAX PROPOSALS.
1.7. Proposals may be withdrawn prior to the above scheduled time set for closing. Alteration made
before RFP closing must be initialed by offeror guaranteeing authenticity.
1.8. Proposals are due at 2:00 PM on November 16, 2022, and should be addressed to Marta Alvarez,
Director of Purchasing and Contract Management, City of Lubbock, Texas, Citizens Tower, 1314
Avenue K, Floor 9, Lubbock, Texas, 79401. The City of Lubbock Council members will consider
the proposals on December 20, 2022, at the Citizens Tower, 1314 Avenue K, Lubbock, Texas, or as
soon thereafter as may be reasonably convenient, subject to the right to reject any or all proposals
and waive any formalities. The successful offeror will be required to furnish a performance bond in
accordance with Chapter 2253, Government Code, in the amount of 100% of the total contract price
in the event that said contract price exceeds $100,000 and the successful offeror will be required to
furnish a payment bond in accordance with Chapter 2253, Government Code, in the amount of 100%
of the total contract price in the event that said contract price exceeds $50,000. Said statutory bonds
shall be issued by a company carrying a current Best Rating of "A" or better. THE BONDS
MUST BE IN A FORM ACCEPTABLE TO THE CITY ATTORNEY. NO WORK ON THE
CONTRACT SHOULD COMMENCE BEFORE THE BONDS ARE PROVIDED AND
APPROVED.
1.9 NOTICE TO PROCEED WILL BE ISSUED 30 DAYS FOLLOWING THE AWARD OF
THE CONTRACT BY THE LUBBOCK CITY COUNCIL.
1.10. Please allow time to upload required documentation. 24hrs in advance is recommended.
1.11. Offerors are required, whether or not a payment or performance bond is required, to submit a
cashier's or certified check issued by a bank satisfactory to the City of Lubbock, or a proposal bond
from a reliable surety company, payable without recourse to the order of the City of Lubbock in an
amount not less than 5% of the total amount of the proposal submitted as a guarantee that offeror
will enter into a contract and execute all necessary bonds within ten (10) business days after notice
of award of the contract to the Offeror. FAILURE OF THE OFFEROR TO INCLUDE
PROPOSAL SECURITY WITH THE PROPOSAL SUBMITTAL SHALL CONSTITUTE A
NON -RESPONSIVE PROPOSAL AND RESULT IN DISQUALIFICATION OF THE
PROPOSAL SUBMITTAL.
1.12. Copies of plans and specifications may be obtained at bidder's expense from the City of Lubbock
Purchasing and Contract Management office. Plans and specifications can be viewed online and
downloaded from https://ci-lbbock-tx.bonfirehub.com/portal/ at no cost. In the event of a large file
size, please be patient when downloading or viewing. BUSINESSES WITHOUT INTERNET
ACCESS may use computers available at most public libraries.
1.13. It shall be each offeror's sole responsibility to inspect the site of the work and to inform Offeror
regarding all local conditions under which the work is to be done. It shall be understood and agreed
that all such factors have been thoroughly investigated and considered in the preparation of the
proposal submitted.
2. PRE -PROPOSAL MEETING
2.10. For the purpose of familiarizing offerors with the requirements, answering questions, and issuing
addenda as needed for the clarification of the Request for Proposals (RFP) documents, a non-
mandatory pre -proposal conference will be held at 10:00AM, November 8, 2022, via
teleconference. The Zoom meeting information is as follows:
Website: htlps:Hzoom.us/j/9759171012?pwd=bkFtRTN1cXV 1 SkhWdkZiMDk4MXh2dz09
Meeting ID: 975 917 1012
Passcode: 1314
2.11. All persons attending the meeting will be asked to identify themselves and the prospective offeror
they represent.
2.12. It is the offeror's responsibility to attend the pre -proposal meeting though the meeting is not
mandatory. The City will not be responsible for providing information discussed at the pre -proposal
meeting to offerors who do not attend the pre -proposal meeting. Attention of each offeror is
particularly called to the schedule of general prevailing rate of per diem wages included in the
contract documents on file in the office of the Purchasing and Contract Management Office of the
City of Lubbock, which document is specifically referred to in this notice to offerors. Each offerors
attention is further directed to Texas Government Code, Chapter 2258, Prevailing Wage Rates, and
the requirements contained therein concerning the above wage scale and payment by the contractor
of the prevailing rates of wages as heretofore established by owner in said wage scale.
3. The City of Lubbock hereby notifies all offerors that in regard to any contract entered into pursuant to this
advertisement, minority and women business enterprises will be afforded equal opportunities to submit
proposals in response to this invitation and will not be discriminated against on the grounds of race, color,
sex, disability, or national origin in consideration for an award.
4. The City of Lubbock does not discriminate against persons with disabilities. City of Lubbock pre -proposal
meetings and proposal openings are available to all persons regardless of disability. If you require special
assistance, please contact the Purchasing and Contract Management Office at (806) 775-2572 write to Post
Office Box 2000, Lubbock, Texas 79457 at least 48 hours in advance of the meeting.
CITY OF LUBBOCK,
Marta Alvarez
DIRECTOR OF PURCHASING &
CONTRACT MANAGEMENT
Page Intentionally Left Blank
GENERAL INSTRUCTIONS TO OFFERORS
Page Intentionally Left Blank
GENERAL INSTRUCTIONS TO OFFERORS
1. OFFEROR INOUIRIES AND CLARIFICATION OF REOUIREMENTS
1.1 It is the intent and purpose of the City of Lubbock that this request permits competitive proposals. It
shall be the offerors responsibility to advise the Director of Purchasing and Contract Management if any
language, requirements, etc., or any combinations thereof, inadvertently restricts or limits the
requirements stated in this RFP to a single source. Such notification must be submitted in writing and
must be received by the City Purchasing and Contract Management Office no later than five (5) calendar
days before the proposal closing date. A review of such notifications will be made.
1.2 NO OFFEROR SHALL REQUEST ANY INFORMATION VERBALLY. ALL REQUESTS FOR
ADDITIONAL INFORMATION OR CLARIFICATION CONCERNING THIS REQUEST FOR
PROPOSALS (RFP) MUST BE SUBMITTED IN WRITING NO LATER THAN FIVE (5)
CALENDAR DAYS PRIOR TO THE PROPOSAL CLOSING DATE AND ADDRESSED TO:
Teofilo Flores, Asst. Director
City of Lubbock
Purchasing and Contract Management Office
1314 Avenue K, Floor 9,
Lubbock, Texas, 79401
Fax: 806-775-2164
Email: TKFlores@mylubbock.us
Website: https://ci-lbbock-tx.bonfirehub.cop /portal/
2. TIME AND ORDER FOR COMPLETION
2.1 The construction covered by the contract documents shall be substantially completed within 500
Consecutive Calendar Days from the date specified in the Notice to Proceed issued by the City of
Lubbock to the successful offeror.
2.2 The Contractor will be permitted to prosecute the work in the order of his own choosing, provided,
however, the City reserves the right to require the Contractor to submit a progress schedule of the work
contemplated by the contract documents. In the event the City requires a progress schedule to be
submitted, and it is determined by the City that the progress of the work is not in accordance with the
progress schedule so submitted, the City may direct the Contractor to take such action as the City deems
necessary to ensure completion of the project within the time specified.
2.3 Upon receipt of notice to proceed, and upon commencement of the work, the Contractor shall ensure
daily prosecution of the work is conducted every business day until the work is completed, regardless if
the work will be substantially or finally complete ahead of specified deadlines in the agreement, unless
the City determines time off from said prosecution is necessary or reasonable and Contractor received
said determination in writing from the City. Additionally, inclement weather shall be the only other
reason consistent, daily prosecution of the work may not take place on those inclement weather days.
3. GUARANTEES
3.1 All equipment and materials incorporated in the project and all construction shall be guaranteed against
defective materials and workmanship. Prior to final acceptance, the Contractor shall furnish to the Owner,
a written general guarantee which shall provide that the Contractor shall remedy any defects in the work,
and pay for any and all damages of any nature whatsoever resulting in such defects, when such defects
appear within Two Years from date of final acceptance of the work as a result of defective materials or
workmanship, at no cost to the Owner (City of Lubbock).
3.2 Notwithstanding any provisions contained in the contractual agreement, the Contractor represents and
warrants fault -free performance and fault -free result in the processing date and date -related data
(including, but not limited to calculating, comparing and sequencing) of all hardware, software and
firmware products delivered and services provided under this Contract, individually or in combination,
as the case may be from the effective date of this Contract. Also, the Contractor warrants calculations
will be recognized and accommodated and will not, in any way, result in hardware, software or firmware
failure. The City of Lubbock, at its sole option, may require the Contractor, at any time, to demonstrate
the procedures it intends to follow in order to comply with all the obligations contained herein.
3.3 The obligations contained herein apply to products and services provided by the Contractor, its sub-
contractor or any third party involved in the creation or development of the products and services to be
delivered to the City of Lubbock under this Contract. Failure to comply with any of the obligations
contained herein, may result in the City of Lubbock availing itself of any of its rights under the law and
under this Contract including, but not limited to, its right pertaining to termination or default.
3.4 The warranties contained herein are separate and discrete from any other warranties specified in this
Contract, and are not subject to any disclaimer of warranty, implied or expressed, or limitation to the
Contractor's liability which may be specified in this Contract, its appendices, its schedules, its annexes
or any document incorporated in this Contract by reference.
4. BASIS OF PROPOSALS AND SELECTION CRITERIA
4.1 The City uses the Competitive Sealed Proposals procurement method as authorized by the Texas
Legislature and further defined by Texas Government Code Section 2269. The Maximum Point value is
equal to 100 points. The weight factor is 60 points for Price, 30 points for Contractor Qualifications, and
10 points for Construction Time. The selection criteria used to evaluate each proposal includes the
following:
4.1.1 60 POINTS - PRICE: The quality of Offerors is not judged solely by a low initial cost proposal
or, conversely, eliminated solely because of a high initial cost proposal. The following is the
formula used when determining price as a factor for construction contract proposals. The lowest
proposal price of all the proposals becomes the standard by which all price proposals are
evaluated. One at a time, each proposal is evaluated by taking the lowest proposal price and
dividing it by the price of the proposal being evaluated. That fraction is then multiplied by the
maximum point value of the price factor for the price score. For Example: (Lowest Price/Current
Proposal Price) x Maximum Point Value = Price Score.
4.1.2 30 POINTS - CONTRACTOR QUALIFICATIONS: When evaluating a contractor's
qualifications, the City uses the "Contractor's Statement of Qualifications" attached within, past
experience with the contractor, the "Safety Record Questionnaire", and the Contractor's
Experience Modification Ratio (EMR). The City may also interview the job superintendent at a
time to be named after receipt of proposals.
4.1.3 Five (5) points of the overall points for this criteria are based on the Experience Modification
Ration (EMR) and supporting documentation submitted by the contractor.
4.1.3.1 The lowest EMR of all the proposals becomes the standard by which all the EMRs are
evaluated. One at a time, each proposal is evaluated by taking the lowest EMR and
dividing it by the EMR of the proposal being evaluated. That fraction is then multiplied
by 5 for the EMR score. For example: (Lowest EMR/Current EMR) x 5 = EMR Score
portion of this criteria)
4.1.3.2 Contractors with an EMR greater than 1.0, as well as those Contractors not
submitting EMRs, will receive zero points for this portion of the selection criteria.
4.1.4 For the remaining portion of this criteria, each evaluator assigns points based upon the responses
the contractor provides in the "Contractor's Statement of Qualifications", any past experience
with the contractor, and on safety record information submitted. The City may consider any
incidence involving worker safety or safety of Lubbock residents, be it related or caused by
environmental, mechanical, operational, supervision or any other cause or factor under the
contractor's control. Evaluators base their rating primarily upon how well you document previous
offenses with the date of the offense, location where the offense occurred, type of offense, final
disposition of the offense, and any penalty assessed
4.1.5 The "Contractor's Statement of Qualifications" is a minimum.
4.1.5.1 You may provide additional pertinent information relevant to the project for which you
are submitting this proposal in an appendix.
4.1.6 10 POINTS - CONSTRUCTION TIME: This criterion is, as with price, objective and
evaluators use the following formula when determining construction time as a factor for
construction contract proposals. The lowest construction time proposal of all the proposals
becomes the standard by which all the construction time proposals are evaluated. One at a time,
each proposal is evaluated by taking the lowest construction time and dividing it by the
construction time of the proposal being evaluated. That fraction is then multiplied by the
maximum point value of the construction time factor for the construction time score. For example:
(Lowest construction time/Current Proposal construction time) x Maximum Point Value =
Construction Time Score)
4.1.7 EVALUATION PROCESS: Evaluators independently review and score each proposal. The
Committee meets, to discuss the individual scores of each evaluator. If the individual scores are
similar, the Chairperson may average the scores then rank offerors accordingly. If the scores are
significantly diverse, the Chairperson initiates and moderates discussion to determine the reasons
for the differences and ensures that all evaluators are fully knowledgeable of all aspects of the
proposals. Scores may then be adjusted by the committee based on committee discussion.
4.1.8 Please note that offerors with higher qualifications scores could be ranked higher than offerors
with slightly better price scores.
4.2 The estimated budget for the construction phase of this project is $3,100,000.00.
4.3 Proposals shall be made using the forms provided.
GENERAL INSTRUCTIONS TO OFFERORS
(Continued)
5. ADDENDA & MODIFICATIONS
5.1 Any changes, additions, or clarifications to the RFP are made by ADDENDA information available over
the Internet at https://ci-lubbock-tx.bonfirehub.com/portal/. We strongly suggest that you check for
any addenda a minimum of forty-eight hours in advance of the response deadline. BUSINESSES
WITHOUT INTERNET ACCESS may use computers available at most public libraries.
5.2 Any offeror in doubt as to the true meaning of any part of the specifications or other documents may
request an interpretation thereof from the Director of Purchasing and Contract Management. At the
request of the offeror, or in the event the Director of Purchasing and Contract Management deems the
interpretation to be substantive, the interpretation will be made by written addendum issued by the
Purchasing and Contract Management. Such addenda issued by the Purchasing and Contract
Management Office will be available over the Internet at https://ci-lubbock-tx.bonfirehub.coM/portal/
and will become part of the proposal package having the same binding effect as provisions of the original
RFP. NO VERBAL EXPLANATIONS OR INTERPRETATIONS WILL BE BINDING. In order to
have a request for interpretation considered, the request must be submitted in writing and must be
received by the City of Lubbock Purchasing and Contract Management Office no later than five (5)
calendar days before the proposal closing date.
5.3 All addenda, amendments, and interpretations of this solicitation shall be in writing. The City of Lubbock
shall not be legally bound by any explanation or interpretation that is not in writing. Only information
supplied by the City of Lubbock Purchasing and Contract Management Office in writing or in this RFP
should be used in preparing proposal responses. All contacts that an offeror may have had before or after
receipt of this RFP with any individuals, employees, or representatives of the City and any information
that may have been read in any news media or seen or heard in any communication facility regarding this
proposal should be disregarded in preparing responses.
5.4 The City does not assume responsibility for the receipt of any addendum sent to offerors.
6. EXAMINATION OF DOCUMENTS AND REQUIREMENTS
6.1 Each offeror shall carefully examine all RFP documents and thoroughly familiarize itself with all
requirements before submitting a proposal to ensure that their proposal meets the intent of these
specifications.
6.2 Before submitting a proposal, each offeror shall be responsible for making all investigations and
examinations that are necessary to ascertain conditions and requirements affecting the requirements of
this Request for Proposals. Failure to make such investigations and examinations shall not relieve the
offeror from obligation to comply, in every detail, with all provisions and requirements of the Request
for Proposals.
6.3 Notices of any discrepancies or omissions in these plans, specifications, or contract documents, shall
be given to the Director of Purchasing and Contract Management and a clarification obtained
before the proposals are received, and if no such notice is received by the Director of Purchasing
and Contract Management prior to the opening of proposals, then it shall be deemed that the
offeror fully understands the work to be included and has provided sufficient sums in its proposal
to complete the work in accordance with these plans and specifications. If offeror does not notify
the Director of Purchasing and Contract Management before offering of any discrepancies or
omissions, then it shall be deemed for all purposes that the plans and specifications are sufficient
and adequate for completion of the project. It is further agreed that any request for clarification
must be submitted no later than five (5) calendar days prior to the opening of proposals.
7. PROPOSAL PREPARATION COSTS
1 Issuance of this RFP does not commit the City of Lubbock, in any way, to pay any costs incurred in the
preparation and submission of a proposal.
7.2 The issuance of this RFP does not obligate the City of Lubbock to enter into contract for any services or
equipment.
7.3 All costs related to the preparation and submission of a proposal shall be paid by the offeror.
8. TRADE SECRETS, CONFIDENTIAL INFORMATION AND THE TEXAS PUBLIC INFORMATION
ACT
8.1 If you consider any portion of your proposal to be privileged or confidential by statute or judicial decision,
including trade secrets and commercial or financial information, clearly identify those portions.
8.2 Proposals will be opened in a manner that avoids disclosure of the contents to competing offerors and
keeps the proposals secret during negotiations. All proposals are open for public inspection after the
contract is awarded, but trade secrets and confidential information in the proposals are not open for
inspection. Tex. Loc. Govt. Code 252.049(a)
8.3 Marking your entire proposal CONFIDENTIAL/PROPRIETARY is not in conformance with the Texas
Public Information Act.
8.4 Pursuant to Section 552.234(c) of the Texas Government Code, submit your open records request using
the link provided below.
https:Hlubbocktx.govga.us/WEBAPP/ rs/(S(quiyirflbtihahjnyceg_wpcs))/SupportHome.aspx
8.5 For more information, please see the City of Lubbock Public Information Act website at:
https:Hci.lubbock.tx.us/pies/public-information-act
9. LICENSES. PERMITS. Taxes
9.1 The price or prices for the work shall include full compensation for all taxes, permits, etc. that the offeror
is or may be required to pay.
10. UTILIZATION OF LOCAL BUSINESS RESOURCES
10.1 Prospective offerors are strongly encouraged to explore and implement methods for the utilization of
local resources, and to outline in their proposal submittal how they would utilize local resources.
11. CONFLICT OF INTEREST
11.1 The offeror shall not offer or accept gifts or anything of value nor enter into any business arrangement
with any employee, official or agent of the City of Lubbock.
11.2 By signing and executing this proposal, the offeror certifies and represents to the City the offeror has not
offered, conferred or agreed to confer any pecuniary benefit or other thing of value for the receipt of
special treatment, advantage, information, recipient's decision, opinion, recommendation, vote or any
other exercise of discretion concerning this proposal.
11.3 It is not necessary to fill out the CIQ Form unless you have a business relationship that might cause
a conflict of interest with the City of Lubbock
11.4 Effective January 1, 2006, Chapter 176 of the Texas Local Government Code requires that any vendor
or person considering doing business with a local government entity disclose in the Questionnaire, Form
CIQ, the vendor or person's affiliation or business relationship that might cause a conflict of interest
with a local government entity. By law, the questionnaire must be filed with the records administrator
of the City of Lubbock not later than the Seventh business day after the date the person becomes aware
of the facts that require the statement to be filed. The questionnaire can be found at:
hlt2s://www.ethics.state.tx.us/forms/conflict/
For the City of Lubbock, these forms should be filed with the City Secretary's Office, P.O. Box 2000,
Lubbock, Texas, 79457
See Section 176.006, Local Government Code:
http://www.statutes.legis.state.tx.us/SOTWDocs/LG/htm/LG. 176.htm.
A person commits an offense if the person violates Section 176.006, Local Government Code.
An offense under this section is a Class C misdemeanor.
12. CONTRACT DOCUMENTS
12.1 All work covered by the contract shall be done in accordance with contract documents described in the
General Conditions.
12.2 All offerors shall be thoroughly familiar with all of the requirements set forth on the contract documents
for the construction of this project and shall be responsible for the satisfactory completion of all work
contemplated by said contract documents.
13. CERTIFICATE OF INTERESTED PARTIES
13.1 Effective January 1, 2016, Section 2252.908, as amended, of Chapter 2252 of the Texas Government
Code requires certain business entities to submit an electronic disclosure form to the Texas Ethics
Commission before entering into a contract with a local government entity when any of the following
apply:
1) Contract requires an action or vote by the City Council (governing body); OR
2) Contract value is $1 Million or greater; OR
3) Contract is for services that would require a person to register as a lobbyist under Chapter 305
of the Government Code.
This must be done before executing the contract. The disclosure form may be found at
https://www.ethics.state.tx.us/whatsnew/elf_ info_form1295.htm. You must log in and create an
account the first time you fill out the form. Tutorial videos on how to log in for the first time and how
to fill out the form can be found through the link above. After you electronically submit the
disclosure form, a screen will come up confirming the submission and assigning a certificate number.
Then, you must print the form, have an authorized agent complete the declaration and sign, and
provide it to the City (scanned email copy is acceptable).
14. PLANS FOR USE BY OFFERORS
14.1 It is the intent of the City of Lubbock that all parties with an interest in submitting a proposal on the
project covered by the contract documents be given a reasonable opportunity to examine the documents
and prepare a proposal without charge. The contract documents may be examined without charge as
noted in the Notice to Offerors.
15. PAYMENT
15.1 All payments due to Contractor shall be made in accordance with the provisions of the General
Conditions of the contract documents.
16. AFFIDAVITS OF BILLS PAID
16.1 The City of Lubbock reserves the right, prior to final acceptance of this project to require the Contractor
to execute an affidavit that all bills for labor, materials and incidentals incurred in the construction of the
improvements contemplated by the contract documents have been paid in full and that there are no claims
pending, of which the Contractor has been notified.
17. MATERIALS AND WORKMANSHIP
17.1 The intent of these contract documents is that only materials and workmanship of the best quality and
grade will be furnished. The fact that the specifications may fail to be sufficiently complete in some
detail will not relieve the Contractor of full responsibility for providing materials of high quality and for
protecting them adequately until incorporated into the project. The presence or absence of a
representative of the City on the site will not relieve the Contractor of full responsibility of complying
with this provision. The specifications for materials and methods set forth in the contract documents
provide minimum standards of quality, which the Owner believes necessary to procure a satisfactory
project.
18. PLANS FOR THE CONTRACTOR
18.1 The contractor will, upon written request, be furnished up to a maximum of five sets of plans and
specifications and related contract documents for use during construction. Plans and specifications for
use during construction will only be furnished directly to the Contractor. The Contractor shall then
distribute copies of plans and specifications to suppliers, subcontractors or others, as required for proper
prosecution of the work contemplated by the Contractor.
19. PROTECTION OF THE WORK
19.1 The Contractor shall be responsible for the care, preservation, conservation, and protection of all
materials, supplies, machinery, equipment, tools, apparatus, accessories, facilities, and all means of
construction, and any and all parts of the work whether the Contractor has been paid, partially paid, or
not paid for such work, until the date the City issues its certificate of completion to Contractor. The City
reserves the right, after the proposals have been opened and before the contract has been awarded, to
require of an offeror the following information:
(a) The experience record of the offeror showing completed jobs of a similar nature to the one
covered by the intended contract and all work in progress with bond amounts and percentage
completed.
(b) A sworn statement of the current financial condition of the offeror.
(c) Equipment schedule.
20. TEXAS STATE SALES TAX
20.1 This contract is issued by an organization which qualifies for exemption provisions pursuant to provisions
of Article 20.04 of the Texas Limited Sales, Excise and Use Tax Act.
20.2 The Contractor must obtain a limited sales, excise and use tax permit which shall enable him to buy the
materials to be incorporated into the work without paying the tax at the time of purchase.
21. PROTECTION OF SUBSURFACE LINES AND STRUCTURES
21.1 It shall be the Contractor's responsibility to prosecute the work contemplated by the contract documents
in such a way as to exercise due care to locate and prevent damage to all underground pipelines, utility
lines, conduits or other underground structures which might or could be damaged by Contractor during
the construction of the project contemplated by these contract documents. The City of Lubbock agrees
that it will furnish Contractor the location of all such underground lines and utilities of which it has
knowledge. However, such fact shall not relieve the Contractor of his responsibilities aforementioned.
All such underground lines or structures, both known and unknown, cut or damaged by Contractor during
the prosecution of the work contemplated by this contract shall be repaired immediately by Contractor
to the satisfaction of the City of Lubbock, Texas, and/or the owning utility at the Contractor's expense.
22. BARRICADES AND SAFETY MEASURES
22.1 The contractor shall, at his own expense, furnish and erect such barricades, fences, lights and danger
signals, and shall take such other precautionary measures for the protection of persons, property and the
work as may be necessary. The Contractor will be held responsible for all damage to the work due to
failure of barricades, signs, and lights to protect it, and when damage is incurred, the damaged portion
shall be immediately removed and replaced by Contractor at his own cost and expense. The Contractor's
responsibility for maintenance of barricades, signs, and lights shall not cease until the date of issuance to
Contractor of City's certificate of acceptance of the project.
23. EXPLOSIVES
23.1 The use of explosives will not be permitted
23.2 Explosive materials shall not be stored or kept at the construction site by the Contractor.
24. CONTRACTOR'S REPRESENTATIVE
24.1 The successful offeror shall be required to have a responsible local representative available at all times
while the work is in progress under this contract. The successful offeror 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.
25. INSURANCE
25.1 The Contractor shall not commence work under this contract until he has obtained all insurance as
required in the General Conditions of the contract documents, from an underwriter authorized to do
business in the State of Texas and satisfactory to the City. Proof of coverage shall be furnished to the
City and written notice of cancellation or any material change will be provided ten (10) days in advance
of cancellation or change. All policies shall contain an agreement on the part of the insurer waiving the
right to subrogation. The Contractor shall procure and carry at his sole cost and expense through the life
of this contract, insurance protection as hereinafter specified. Coverage in excess of that specified herein
also shall be acceptable. Such insurance shall be carried with an insurance company authorized to
transact business in the State of Texas and shall cover all operations in connection with this contract,
whether performed by the Contractor or a subcontractor, or separate policies shall be provided covering
the operation of each subcontractor. A certificate of insurance specifying each and all coverages shall be
submitted before contract execution.
26.1 Attention of each offeror is particularly called to the schedule of general prevailing rate of per diem
wages included in these contract documents. The wage rate that must be paid on this project shall not be
less than specified in the schedule of general prevailing rates of per diem wages as above mentioned.
The offeror's attention is further directed to the requirements of Texas Government Code, Chapter 2258,
Prevailing Wage Rates, providing for the payment of the wage schedules above mentioned and the
offeror's obligations thereunder. The inclusion of the schedule of general prevailing rate of per diem
wages in the contract documents does not release the Contractor from compliance with any wage law
that may be applicable. Construction work under this contract requiring an inspector will not be
performed on Sundays or holidays unless the following conditions exist:
26.1.1 The project being constructed is essential to the City of Lubbock's ability to provide the necessary
service to its citizens.
26.1.2 Delays in construction are due to factors outside the control of the Contractor. The Contractor is
approaching the penalty provisions of the contract and Contractor can show he has made a diligent
effort to complete the contract within the allotted time.
26.2 Before construction work requiring an inspector is to be performed on Sundays or holidays, the
Contractor must notify the Owner's Representative not less than three full working days prior to the
weekend or holiday he desires to do work and obtain written permission from the Owner's Representative
to do such work. The final decision on whether to allow construction work requiring an inspector on
Sundays or holidays will be made by the Owner's Representative.
26.3 In any event, if a condition should occur or arise at the site of this project or from the work being done
under this contract which is hazardous or dangerous to property or life, the Contractor shall immediately
commence work, regardless of the day of the week or the time of day, to correct or alleviate such
condition so that it is no longer dangerous to property or life.
27. PAYMENT OF EMPLOYEES AND FILING OF PAYROLLS
27.1 The contractor and each of his subcontractors shall pay each of his employees engaged in work on the
project under this contract in full (less mandatory legal deductions) in cash, or by check readily cashable
without discount, not less often than once each week. The Contractor and each of his subcontractors
shall keep a record showing the name and occupation of each worker employed by the Contractor
or subcontractor in the construction of the public work and the actual per diem wages paid to each
worker. This record shall be open at all reasonable hours to inspection by the officers and agents
of the City. The Contractor must classify employees according to one of the classifications set forth in
the schedule of general prevailing rate of per diem wages, which schedule is included in the contract
documents. The Contractor shall forfeit as a penalty to the City of Lubbock on whose behalf this contract
is made, sixty dollars for each laborer, workman, or mechanic employed for each calendar day, or portion
thereof, such laborer, workman or mechanic is paid less than the wages assigned to his particular
classification as set forth in the schedule of general prevailing rate of per diem wages included in these
contract documents.
28. PROVISIONS CONCERNING ESCALATION CLAUSES
28.1 Proposals submitted containing any conditions which provide for changes in the stated proposal price
due to increases or decreases in the cost of materials, labor or other items required for the project will be
rejected and returned to the offeror without being considered.
29. PREPARATION FOR PROPOSAL
29.1 The bidder shall submit his bid on forms furnished by the City, and all blank spaces in the form
shall be correctly filled in, stating the price in numerals for which he intends to do the work
contemplated or furnish the materials required. Such prices shall be written in ink, distinctly and
legibly, or typewritten. In case of discrepancy between the unit price and the extended total for a
bid item, the unit price will be taken. A bid that has been opened may not be changed for the
purpose of correcting an error in the bid price.
29.2If the proposal is submitted by an individual, his name must be signed by him or his duly authorized
agent. If a proposal is submitted by a firm, association, or partnership, the name and address of each
member must be given and the proposal signed by a member of the firm, association or partnership, or
person duly authorized. If the proposal is submitted by a company or corporation, the company or
corporate name and business address must be given, and the proposal signed by an official or duly
authorized agent. Powers of attorney authorizing agents or others to sign proposals must be properly
certified and must be in writing and submitted with the proposal. The proposal shall be executed in ink.
29.3 Pursuant to Texas Local Government Code 252.043(2), a competitive sealed proposal that has been
opened may not be changed for the purpose of correcting an error in the proposal price.
THEREFORE, ANY CORRECTIONS TO THE PROPOSAL PRICE MUST BE MADE ON THE
PROPOSAL SUBMITTAL FORM PRIOR TO PROPOSAL OPENING.
29.4 Proposal submittals may be withdrawn and resubmitted at any time before the time set for opening of the
proposals, but no proposal may be withdrawn or altered thereafter.
30. BOUND COPY OF CONTRACT DOCUMENTS
30.1 Offeror understands and agrees that the contract to be executed by offeror shall be bound and include the
following:
(a)
Notice to Offerors.
(b)
General Instructions to Offerors.
(c)
Offeror's Submittal.
(d)
Statutory Bonds (if required).
(e)
Contract Agreement.
(f) General Conditions.
(g) Special Conditions (if any).
(h) Specifications.
(i) Insurance Certificates for Contractor and all Sub -Contractors.
(j) All other documents made available to offeror for his inspection in accordance with
the Notice to Offerors.
30.2 If Plans and Specifications are too bulky or cumbersome to be physically bound, they are to be considered
incorporated by reference into the aforementioned contract documents.
31. (QUALIFICATIONS OF OFFERORS
31.1 The offeror may be required before the award of any contract to show to the complete satisfaction of the
City of Lubbock that it has the necessary facilities, ability, and financial resources to provide the service
specified therein in a satisfactory manner. The offeror may also be required to give a past history and
references in order to satisfy the City of Lubbock about the offeror's qualifications. The City of Lubbock
may make reasonable investigations deemed necessary and proper to determine the ability of the offeror
to perform the work, and the offeror shall furnish to the City of Lubbock all information for this purpose
that may be requested. The offeror's proposal may be deemed not to meet specifications or the proposal
may be rejected if the evidence submitted by, or investigation of, the offeror fails to satisfy the City of
Lubbock that the offeror is properly qualified to carry out the obligations of the contract and to complete
the work described therein. Evaluation of the offeror's qualifications shall include but not be limited to:
(a) The ability, capacity, skill, and financial resources to perform the work or provide the
service required.
(b) The ability of the offeror to perform the work or provide the service promptly or within the
time specified, without delay or interference.
(c) The character, integrity, reputation, judgment, experience, and efficiency of the offeror.
(d) The quality of performance of previous contracts or services.
(e) The safety record of the Contractor and proposed Sub -Contractors
(f) The experience and qualifications of key project personnel
(g) Past experience with the Owner
31.2 Complete and submit the PROPOSED List of Sub -Contractors. Seven (7) business days after closing,
complete and submit the FINAL List of Sub -contractors.
(a) If no sub -contractors will be used please indicate so.
31.3 Before contract award, the recommended contractor for this project may be required to show that he has
experience with similar projects that require the Contractor to plan his work efforts and equipment needs
with City of Lubbock specifications in mind. Demonstration of experience shall include a complete list
of ALL similar municipal and similar non -municipal current and completed projects for the past five (5)
years for review. This list shall include the names of supervisors and type of equipment used to perform
work on these projects. In addition, the Contractor may be required to provide the name(s) of
supervisor(s) that will be used to perform work on this project in compliance with City of Lubbock
specifications herein.
32. SELECTION
32.1 Selection shall be based on the responsible offeror whose proposal is determined to be the most
advantageous to the City of Lubbock considering the relative importance of evaluation factors included
in this RFP.
32.2 NO INDIVIDUAL OF ANY USING DEPARTMENT (CITY OF LUBBOCK WATER UTILITIES OR
OTHER) HAS THE AUTHORITY TO LEGALLY AND/OR FINANCIALLY COMMIT THE CITY
TO ANY CONTRACT, AGREEMENT OR PURCHASE ORDER FOR GOODS OR SERVICES,
UNLESS SPECIFICALLY SANCTIONED BY THE REQUIREMENTS OF THIS REQUEST FOR
PROPOSAL.
32.3 The City shall select the offeror that offers the best value for the City based on the published selection
criteria and on its ranking evaluation. The City shall first attempt to negotiate a contract with the selected
offeror. The City and its engineer or architect may discuss with the selected offeror options for a scope
or time modification and any price change associated with the modification. If the City is unable to
negotiate a contract with the selected offeror, the City shall, formally and in writing, end negotiations
with that offeror and proceed to the next offeror in the order of the selection ranking until a contract is
reached or all proposals are rejected.
32.4In determining best value for the City, the City is not restricted to considering price alone, but may
consider any other factor stated in the selection criteria.
32.5 A proposal will be subject to being considered irregular and may be rejected if it shows omissions,
alterations of form, conditional alternate proposals, additions or alternates in lieu of the items
specified, if the unit prices are obviously unbalanced (either in excess of or below reasonably expected
values), or irregularities of any kind.
33. ANTI -LOBBYING PROVISION
33.1 DURING THE PERIOD BETWEEN PROPOSAL SUBMISSION DATE AND THE CONTRACT
AWARD, OFFERORS, INCLUDING THEIR AGENTS AND REPRESENTATIVES, SHALL NOT
DISCUSS OR PROMOTE THEIR PROPOSAL WITH ANY MEMBER OF THE LUBBOCK CITY
COUNCIL OR CITY STAFF EXCEPT UPON THE REQUEST OF THE CITY OF LUBBOCK
PURCHASING DEPARTMENT IN THE COURSE OF CITY -SPONSORED INQUIRIES,
BRIEFINGS, INTERVIEWS, OR PRESENTATIONS.
33.2 This provision is not meant to preclude bidders from discussing other matters with City Council members
or City staff. This policy is intended to create a level playing field for all potential bidders, assure that
contract decisions are made in public, and to protect the integrity of the bid process. Violation of this
provision may result in rejection of the bidder's bid.
34. PROTEST
34.1 All protests regarding the RFP process must be submitted in writing to the City Director of Purchasing
and Contract Management within 5 working days after the protesting party knows of the occurrence of
the action which is protested relating to advertising of notices deadlines, proposal opening and all other
related procedures under the Local Government Code, as well as any protest relating to alleged
improprieties with the RFP process. This limitation does not include protests relating to staff
recommendations as to award of contract. Protests relating to staff recommendations may be directed to
the City Manager. All staff recommendations will be made available for public review prior to
consideration by the City Council as allowed by law.
FAILURE TO PROTEST WITHIN THE TIME ALLOTTED SHALL CONSTITUTE A
WAIVER OF ANY PROTEST.
35. PREVAILING WAGE RATES
35.1 Offerors are required to comply with Texas Government Code, Chapter 2258, Prevailing Wage Rates,
with respect to the payment of prevailing wage rates for the construction of a public work, including a
building, highway, road, excavation, and repair work or other project development or improvement, paid
for in whole or in part from public funds, without regard to whether the work is done under public
supervision or direction. A worker is employed on a public work if the worker is employed by the
contractor or any subcontractor in the execution of the contract for the project.
35.2 A worker employed on a public work by or on behalf of the City of Lubbock shall be paid not less than
the general prevailing rate of per diem wages for the work of a similar character in the locality in which
the work is performed, and not less than the general prevailing rate of per diem wages for legal holiday
and overtime work.
35.3 A contractor or subcontractor who violates Texas Government Code Section 2258.023 shall pay to the
City of Lubbock $60 for each worker employed for each calendar day or part of the day that the worker
is paid less than the wage rates stipulated in the contract.
TEXAS GOVERNMENT CODE & 2269
SUBCHAPTER D.
SELECTING CONTRACTOR FOR CONSTRUCTION
SERVICES THROUGH COMPETITIVE SEALED PROPOSALS
Sec. 2269.151. CONTRACTS FOR FACILITIES: COMPETITIVE SEALED PROPOSALS. (a)
In this chapter, "competitive sealed proposals" is a procurement method by which a governmental entity
requests proposals, ranks the offerors, negotiates as prescribed, and then contracts with a general contractor
for the construction, rehabilitation, alteration, or repair of a facility.
(b) In selecting a contractor through competitive sealed proposals, a governmental entity shall
follow the procedures provided by this subchapter.
Sec. 2269.152. USE OF ARCHITECT OR ENGINEER. The governmental entity shall select or
designate an architect or engineer to prepare construction documents for the project. The selected or
designated engineer or architect has full responsibility for complying with Chapter 1001 or 1051,
Occupations Code, as applicable. If the engineer or architect is not a full-time employee of the
governmental entity, the governmental entity shall select the engineer or architect on the basis of
demonstrated competence and qualifications as provided by Section 2254.004, Government Code.
Sec. 2269.153. PREPARATION OF REQUEST. The governmental entity shall prepare a request
for competitive sealed proposals that includes construction documents, selection criteria and the weighted
value for each criterion, estimated budget, project scope, estimated project completion date, and other
information that a contractor may require to respond to the request. The governmental entity shall state in
the request for proposals the selection criteria that will be used in selecting the successful offeror.
Sec. 2269.154. EVALUATION OF OFFERORS. (a) The governmental entity shall receive,
publicly open, and read aloud the names of the offerors and any monetary proposals made by the offerors.
(b) Not later than the 45th day after the date on which the proposals are opened, the governmental entity
shall evaluate and rank each proposal submitted in relation to the published selection criteria.
Sec. 2269.155. SELECTION OF OFFEROR. (a) The governmental entity shall select the offeror
that submits the proposal that offers the best value for the governmental entity based on:
(1) the selection criteria in the request for proposal and the weighted value for those criteria in the request
for proposal; and (2) its ranking evaluation. (b) The governmental entity shall first attempt to negotiate a
contract with the selected offeror. The governmental entity and its architect or engineer may discuss with
the selected offeror options for a scope or time modification and any price change associated with the
modification. (c) If the governmental entity is unable to negotiate a satisfactory contract with the selected
offeror, the governmental entity shall, formally and in writing, end negotiations with that offeror and
proceed to the next offeror in the order of the selection ranking until a contract is reached or all proposals
are rejected. In determining best value for the governmental entity, the governmental entity is not restricted
to considering price alone, but may consider any other factor stated in the selection criteria.
Page Intentionally Left Blank
PROPOSAL SUBMITTAL FORM
Page Intentionally Left Blank
PROPOSAL SUBMITTAL FORM
UNIT PRICE PROPOSAL CONTRACT
DATE: / / — /L — ,t
PROJECT NUMBER: RFP 23-16919-TF Unpaved Roads Improvements C.O. Phase 2 Project
Proposal of n .S — 3 lot v Ld(. r
called Offeror)
To the Honorable Mayor and City Council City of Lubbock, Texas (hereinafter called Owner)
Ladies and Gentlemen:
(hereinafter
The Offeror, in compliance with your Request for Proposals for construction of the referenced project, having
carefully examined the plans, specifications, instructions to offerors, notice to offerors and all other related
contract documents and the site of the intended work, and being familiar with all of the conditions
surrounding the construction of the intended project including the availability of materials and labor, hereby
intends to furnish all labor, materials, and supplies; and to construct the project in accordance with the plans,
specifications and contract documents, within the time set forth therein and at the price stated. The price to
cover all expenses incurred in performing the work required under the contract documents.
PROPOSED CONSTRUCTION TIME:
1. Contractors proposed CONSTRUCTION TIME for completion:
TOTAL CONSECUTIVE CALENDAR DAYS: 15 96 (to Substantial Completion)
TOTAL CONSECUTIVE CALENDAR DAYS:_'(] L) _(to Final Completion)
not to exceed 500 consecutive calendar days to Substantial Completion / 560 consecutive calendar da s
to Final Completion).
Offeror hereby agrees to commence the work on the above project on a date to be specified in a written "Notice
to Proceed" of the Owner and to substantially complete the project within 500 Consecutive Calendar Days
with final completion within 560 Consecutive Calendar Days as stipulated in the specification and other
contract documents. Offeror hereby further agrees to pay to Owner as liquidated damages in the sum of $600
for each consecutive calendar day after substantial completion and liquidated damages in the sum of $300 for
each consecutive calendar day after final completion set forth herein above for completion of this project, all
as more fully set forth in the General Conditions of the Agreement.
Offeror understands and agrees that this proposal submittal shall be completed and submitted in
accordance with instruction number 28 of the General Instructions to Offerors. Offeror understands that the
Owner reserves the right to reject any or all proposals and to waive any formality in the proposing. The
Offeror agrees that this proposal shall be good for a period of six 60 calendar days after the scheduled
closing time for receiving proposals.
The undersigned Offeror 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 proposal,
and he further agrees to commence work on the date specified in the written notice to proceed, and to
substantially complete the work on which he has proposed; as provided in the contract documents.
Al116l'22 1:14 PM
Offerors are required, whether or not a payment or performance bond is required, to submit a cashier's
check or certified check issued by a bank satisfactory to the City of Lubbock, or a proposal bond from a reliable
surety company, payable without recourse to the order of the City of Lubbock in an amount not less than five
percent (5%) of the total amount of the proposal submitted as a guarantee that offeror will enter into a contract,
obtain all required insurance policies, and execute all necessary bonds (if required) within ten (10) days after
notice of award of the contract to him.
Al116/122 1:15 PM
City of Lubbock, TX
Public Works
RFP 23-16919-TF
Unpaved Roads Improvements C.O. Phase 2 Project
Lone Star Dirt & Paving, Ltd. of Lubbock, TX
Items
Base Bid
# 1-1 MOBILIZATION
#1-2 SWPPP
# 1-3 PREPARING OF RIGHT-OF-WAY
# 1-4 ASPHALT REMOVAL
# 1-5 CONCRETE REMOVAL
# 1-6 24" COL TYPE A OR B CURB AND GUTTER CURB
#1-7 F X1 RIBBON CURB
# 1-8 2" HMAC COL TYPE C
# 1-9 6" CONCRETE VALLEY GUTTER AND FILLET
#1-10 6" CONCRETE ALLEY RETURNS AND DRIVEWAYS
# 1-11 ADA RAMP
# 1-12 MANHOLE / VALVE ADJUSTMENTS
Alternate - Ash Ave.
#2-1 MOBILIZATION
#2-2 TEMPORARY STORMWATER POLLUTION PREVENTION
AND EROSION CONTROL MEASURES
#2-3 TRAFFIC CONTROL
#24 TREE REMOVAL
#2-5 ASPHALT REMOVAL
#2-6 CONCRETE REMOVAL
#2-7 EXCAVATION FOR ROADWAYS
#2-8 ROADWAY EMBANKMENT (PLACEMENT OF ON -SITE
EXCAVATED MATERIAL)
#2-9 PAVEMENT SECTION (2.5" HMAC, 10" FLEXIBLE BASE
COURSE, 12" COMPACTED SUBGRADE)
#2-10 24" CONCRETE CURB AND GUTTER
#2-11 6" CONCRETE DRIVEWAYS
#2-12 8" CONCRETE PAVING
#2-13 8" CONCRETE FILLETS AND VALLEY GUTTERS
#2-14 5" CURBED CONCRETE DRAINAGE FLUME
#2-15 WATER VALVE BOX ADJUSTMENT
#2-16 WATER VALVE VAULT MANHOLE RIM ADJUSTMENT
QTy Unit Extended
+/- U/M Price Cost
13
LS
$6,000.00
78,000.00
13
LS
3,000.00
39,000.00
75
STA
1,500.00
112,500.00
4209
SY
25.00
105,225.00
251
SY
50.00
12,550.00
13075
LF
30.00
392,250.00
2402
LF
40.00
96,080.00
25485
SY
45.00
1,146,825.00
359
SY
80.00
28,720.00
961
SY
80.00
76,880.00
9
EA
1,800.00
16,200.00
7
EA
2,000.00
14,000.00
1
LS
6,000.00
6,000.00
1
LS
12,000.00
12,000.00
1
LS
10,000.00
10,000.00
1
LS
15,000.00
15,000.00
2157
SY
25.00
53,925.00
95
SY
50.00
4,750.00
1310
CY
12.00
15,720.00
1118
CY
12.00
13,416.00
9366
SY
72.00
674,352.00
3442
LF
30.00
103,260.00
131
SY
80.00
10,480.00
142
SY
85.00
12,070.00
731
SY
90.00
65,790.00
29
SY
80.00
2,320.00
4
EA
1,200.00
4,800.00
1
EA
2,000.00
2,000.00
otal (Items
1-1 through 1-12):
$2,118,230.00
otal (Items
2-1 through 2-16):
$1,005,883.00
otal (Items
1-1 through 2-16):
$3,124,113.00
Enclosed with this proposal is a Cashier's Check or Certified Check Enclosed with
this proposal is a Cashier's Check or Certified Check for
_ Dollars ($ —) or a Proposal Bond in the sum
Of nr 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, insurance certificates, and the required bond (if any) with the Owner within
ten (10) business 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.
Offeror understands and agrees that the contract to be executed by Offeror shall be bound
and include all contract documents made available to him for his inspection in accordance with
the Notice to Offerors.
Pursuant to Texas Local Government Code
252.043(g), a competitive sealed proposal that
has been opened may not be changed for the
purpose of correcting an error in the proposal
price. THEREFORE, ANY CORRECTIONS
TO THE PROPOSAL PRICE MUST BE MADE
ON THE PROPOSAL SUBMITTAL FORM
PRIOR TO PROPOSAL OPENING.
(Seal if Offeror is a Corporation)
ATTEST:
Secretary
Offeror acknowledges receipt of the following addenda:
Addenda No. Date
Addenda No. _ _ Date
Addenda No. Date
Addenda No. Date
Date: I/— it. -.Z
AutVrized Signature
(Printe or Typed Name)
�f
e.V
Company
11$1 n L-L n t u
4 vT
Address
4U 4
�4 �
City,
County
�
State
7�Y23
Zip Code
Telephone: AUK - 77r-
5, 40
Fax: ?a L - 7 Y r
l/o 7q
Email: hf s - aft/file . Re7
FEDERAL TAX ID or SOCIAL SECURITY
No.
9000 130 Q
M/WBE Firm: woman Black American Native American
Hispanic American I I Asian Pacific American Other S eci
11/161'22 1:15 PM
Offerors are required, whether or not a payment or performance bond is required, to submit a cashier's
check or certified check issued by a bank satisfactory to the City of Lubbock, or a proposal bond from a reliable
surety company, payable without recourse to the order of the City of Lubbock in an amount not less than five
percent (5%) of the total amount of the proposal submitted as a guarantee that offeror will enter into a contract,
obtain all required insurance policies, and execute all necessary bonds (if required) within ten (10) days after
notice of award of the contract to him.
Al116/122 1:15 PM
TEXAS GOVERNMENT CODE 2274
By entering into this Agreement, Contractor verifies that: (1) it does not, and will not for the duration of the
contract, have a practice, policy, guidance, or directive that discriminates against a firearm entity or firearm
trade association or (2) the verification required by Section 2274.002 of the Texas Government Code does not
apply to the contract.
If Contractor is a company with 10 or more full-time employees and if this Agreement has a value of at least
$100,000 or more, Contractor verifies that, pursuant to Texas Government Code Chapter 2274, it does not have
a practice, policy, guidance, or directive that discriminates against a firearm entity or firearm trade association;
and will not discriminate during the term of the contract against a firearm entity or firearm trade association.
Contractor represents and warrants that: (1) it does not, and will not for the duration of the contract, boycott
energy companies or (2) the verification required by Section 2274.002 of the Texas Government Code does not
apply to the contract.
If Contractor is a company with 10 or more full-time employees and if this Agreement has a value of at least
$100,000 or more, Contractor verifies that, pursuant to Texas Government Code Chapter 2274, it does not boycott
energy companies; and will not boycott energy companies during the term of the Agreement. This verification is
not required for an agreement where a governmental entity determines that these requirements are inconsistent
with the governmental entity's constitutional or statutory duties related to the issuance, incurrence, or
management of debt obligations or the deposit, custody, management, borrowing, or investment of funds.
Au, reement Example
Review
This sample Agreement has been reviewed and
( )is acceptable
( ) is acceptable as noted
Al1151'22 1:15 PM
Contractor Acknowledgement
In compliance with this solicitation, the undersigned, having examined the solicitation documents,
instructions to offerors, documents associated with the request for proposals, and being familiar with the
conditions to be met has reviewed the above information regarding:
• Insurance Requirements
• Suspension and Debarment Certification
• Texas Government Code Section 2252.152
• Texas Government Code Section 2271.002
• Texas Government Code 2274
An individual authorized to bind the company must sign the following section. Failure to execute this portion
may result in proposal rejection.
By signing below, the terms stated have been reviewed and approved.
Company Name: n Lc n ` S +< r 1 r-t 4 pa J ^,✓%
Signed By:
Print Name and Title:
Date: I I — —,`X.
Al116/122 1:15 PM
Endurance
Endurance Assurance Corporation
Know all men by these presents:
That we, the undersigned LONE STAR DIRT & PAVING, LTD
11820 UNIVERSITY AVENUE, LUBBOCK, TX 79423 , as Principal (hereinafter the "Principal")
and Endurance Assurance Corporation
Delaware corporation (hereinafter the
City of Lubbock
1314 Ave K Floor 9, Lubbock TX 79401
sum of
1221 Avenue of the Americas, 18th FI, New York, NY 10020 , a
"Surety"), are held and firmly bound unto
5%OF AMOUNT BID
(hereinafter the "Obligee") in the penal
$ , for the payment of which sum the Principal and Surety bind themselves, their heirs, executors,
administrators, successors and assigns, jointly and severally, as provided herein.
Whereas, the Principal has submitted a bid for
RFP-23-16919-TF - UNPAVED ROADS IMPROVEMENTS C.O. PHASE 2 PROJECT
Now, therefore, if the Obligee shall accept the bid of the Principal and the Principal shall enter into a contract with
the Obligee in accordance with the terms of such bid, and give such bond or bonds as may be specified in the bidding or
contract documents with good and sufficient surety for the faithful performance of such contract and for the prompt
payment of labor and materials furnished in prosecution thereof, or in the event of the failure of the Principal to enter into
such contract and give such bond or bonds, if the Principal shall pay to the Obligee the difference, not to exceed the penalty
hereof between the amount specified in said bid and such larger amount for which the Obligee may reasonably contract
with another party to perform the work covered by said bid, then this obligation shall be null and void, otherwise to remain
in full force and effect. The liability of the Surety hereunder shall in no event exceed the lesser of: (a) the penalty hereof; or
(b) the difference between the amount specified in the Principal's bid and any larger amount for which the Obligee
reasonably contracts with another party to perform the work specified in the Principal's bid.
Signed and sealed this 16 day of NOVEMBER 2022
(SEAL)
Principal: LONE R DIRT7PANG,LTD
By:
Na & e:
Surety: trnce,AsBy: %�/< e _ C
Name: DAWN TAYLOR, ATTORNEY ITNIACT
(Attorney -in -Fact)
Endurance Assurance Corporation
Page 1 of 1
SUR 0205 0716
11/16/122 10:11 AM
SOMPO INTERNATIONAL
�' INSURANCE
POWER OF ATTORNEY
9395
KNOW ALL BY THESE PRESENTS, that Endurance Assurance Corporation, a Delaware corporation, Endurance American Insurance Company, a Delaware
corporation, Lexon Insurance Company, a Texas corporation, and/or Bond Safeguard Insurance Company, a South Dakota corporation, each, a "Company" and
collectively, "Sompo International," do hereby constitute and appoint: Kirk Killough, Alicia Grumbles, Tracy L. Miller, Mitchell Jennings, James R. Reid, Carey Brent
Aycock, Dawn Taylor, Aaron Endris, Mary Ellen Moore, Tricia Balolong as true and lawful Attomey(s)-In-Fact to make, execute, seal, and deliver for, and on its behalf as
surety or co -surety; bonds and undertakings given for any and all purposes, also to execute and deliver on its behalf as aforesaid renewals, extensions, agreements, waivers,
consents or stipulations relating to such bonds or undertakings provided, however, that no single bond or undertaking so made, executed and delivered shall obligate the
Company for any portion of the penal sum thereof in excess of the sum of ONE HUNDRED MILLION Dollars ($100,000,000.00).
Such bonds and undertakings for said purposes, when duly executed by said attorney(s)-in-fact, shall be binding upon the Company as fully and to the same extent as if
signed by the President of the Company under its corporate seal attested by its Corporate Secretary.
This appointment is made under and by authority of certain resolutions adopted by the sole shareholder of each Company by unanimous written consent effective the 15th
day of June, 2019, a copy of which appears below under the heading entitled "Certificate".
This Power of Attorney is signed and sealed by facsimile under and by authority of the following resolution adopted by the sole shareholder of each Company by
unanimous written consent effective the 151h day of June, 2019 and said resolution has not since been revoked, amended or repealed:
RESOLVED, that the signature of an individual named above and the seal of the Company may be affixed to any such power of attorney or any certificate relating thereto
by facsimile, and any such power of attorney or certificate bearing such facsimile signature or seal shall be valid and binding upon the Company in the future with respect
to any bond or undertaking to which it is attached.
June, 2019.
IN WITNESS WHEREOF, each Company has caused this instrument to be signed by the following officers, and its corporate seal to be affixed this 15th day of
Endurance Assurance
By�
Richard Appel;
SEAL
2002
� DELAWARE .',
Endurance American
By�In ura c pa
'c ,e.
Richard Appel;,SVP,&,,9enlor Counsel
fos4.,,
SEAL����
,a 1996 0
hp, DELAWARE
`• o� - --- -tom,:
Lexon Insurance Company
By: ���:
Ric and Aooel: SVP� Senid}�or
°'°140"' ACKNOWLEDGEMENT
de"'4 #�
SEAL
By:
Bond Safeguard
s`p FiD INS/ /./w� "'�,
0Coo,:
A
��•" SOUTH
p; INSURANCE
2'• COMPANY
On this 15th day of June, 2019, before me, personally came the above signatories known to me, who being duly sworn, did depose and say that he/tl yatghttafficer of each
of the Companies; and that he executed said instrument on behalf of each Company by authority of his off
under th by ws of each Company:` ►?�......toa
By:
Tr,o aee
Amy Taylor, Not ublic My Commissifan 6pire 5/9f23;'
CERTIFICATE 4q4,,"�. :�te,�aa
t tW 0
I, the undersigned Officer of each Company, DO HEREBY CERTIFY that:
1. That the original power of attorney of which the foregoing is a copy was duly executed on behalf of each Company and has not since been revoked, amended or modified;
that the undersigned has compared the foregoing copy thereof with the original power of attorney, and that the same is a true and correct copy of the original power of
attorney and of the whole thereof;
2. The following are resolutions which were adopted by the sole shareholder of each Company by unanimous written consent effective June 15, 2019 and said resolutions
have not since been revoked, amended or modified:
"RESOLVED, that each of the individuals named below is authorized to make, execute, seal and deliver for and on behalf of the Company any and all bonds,
undertakings or obligations in surety or co -surety with others: RICHARD M. APPEL, BRIAN J. BEGGS, CHRISTOPHER DONELAN, SHARON L. SIMS,
CHRISTOPHER L. SPARRO, MARIANNE L. WILBERT
; and be it further
RESOLVED, that each of the individuals named above is authorized to appoint attorneys -in -fact for the purpose of making, executing, sealing and delivering bonds,
undertakings or obligations in surety or co -surety for and on behalf of the Company."
3. The undersigned further certifies that the above resolutions are true and correct copies of the resolutions as so recorded and of the whole thereof.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the corporate seal this 16th day of November 2022
By:
Da le S. rie, a retary
NOTICE: U. S. TREASURY DEPARTMENT'S OFFICE OF FOREIGN ASSETS CONTROL OFAC
No coverage is provided by this Notice nor can it be construed to replace any provisions of any surety bond or other surety coverage provided. This Notice provides information concerning
possible impact on your surety coverage due to directives issued by OFAC. Please read this Notice carefully.
The Office of Foreign Assets Control (OFAC) administers and enforces sanctions policy, based on Presidential declarations of "national emergency. OFAC has identified and listed
numerous foreign agents, front organizations, terrorists, terrorist organizations, and narcotics traffickers as "Specially Designated Nationals and Blocked Persons". This list can be located
on the United States Treasurys website — htt s://www.trea .gov/resource-center/sanctions/SDN-List.
In accordance with OFAC regulations, if it is determined that you or any other person or entity claiming the benefits of any coverage has violated U.S. sanctions law or is a Specially
Designated National and Blocked Person, as identified by OFAC, any coverage will be considered a blocked or frozen contract and all provisions of any coverage provided are immediately
subject to OFAC. When a surety bond or other form of surety coverage is considered to be such a blocked or frozen contract, no payments nor premium refunds may be made without
authorization from OFAC. Other limitations on the premiums and payments may also apply.
Any reproductions are void.
Surety Claims Submission: LexonClalmAdministration,a-som-inti.com
Telephone: 615-553-9500 Mailing Address: Sompo International; 12890 Lebanon Road; Mount Juliet, TN 37122-2870
111161122 19:.11 AM
Policyholder Notice
TEXAS - IMPORTANT NOTICE AVISO IMPORTANTE
To obtain information or make a complaint: Para obtener informacion o para someter una
You may call the company's telephone number for queja:
information or to make a complaint at: Usted puede Ilamar al numero de telefono de la
compania para informacion o para someter una
queja al:
1-877-676-7575
You may write the Company at:
Endurance Assurance Corporation
Attention: Surety
1221 Avenue of the Americas, 18th Floor
New York, NY 10020
You may contact the Texas Department of
Insurance to obtain information on companies,
coverages, rights or complaints at:
1-800-252-3439
You may write the
Texas Department of Insurance
PO Box 149104
Austin, TX 78714-9104
FAX# (512) 490-1007
Web: http://www.tcri. texas. ov
E-mail: ConsumerProtection@tdi. texas.eoi
1-877-676-7575
Usted tambien puede escribir a:
Endurance Assurance Corporation
Attention: Surety
1221 Avenue of the Americas, 18th Floor
New York, NY 10020
Puede communicarse con el Departamento de
Seguros de Texas para obtener informacion acerca
de companias, coberturas, derechos o quejas al:
1-800-252-3439
Puede escribir al
Departamento de Seguros de Texas
PO Box 149104
Austin, TX 78714-9104
FAX# (512) 475-1771
Web: http://www.tdi. texas.eov
E-mail: ConsumerProtection()tdi. texas.gov
PREMIUM OR CLAIM DISPUTES: Should you have a DISPUTAS SOBRE PRIMAS O RECLAMOS: Si tiene
dispute concerning your premium or about a claim una disputa concerniente a su prima o a un
you should contact the company first. If the dispute reclamo, debe comunicarse con la compania
is not resolved, you may contact the Texas primero. Si no se resuelve la disputa, puede
Department of Insurance. entonces comunicarse con el departamento (TDI).
ATTACH THIS NOTICE TO YOUR POLICY: This notice UNA ESTE AVISO A SU POLIZA: Este aviso es solo
is for information only and does not become a part para proposito de informacion y no se convierte ens
or condition of the attached document. parte o condicion del documento adjunto.
111161'22 10:11 AM
Contractors Statement of Qualifications
Individual contractors and joint ventures submitting a bid must complete the following evaluation information for the
Project. Joint ventures shall be composed of not more than two firms and each firm must complete separate
evaluations. Evaluation information must be submitted at time of bid submittal. Failure to submit the following
Bidder Evaluation information may result in the OWNER considering the bid non -responsive and result in rejection of
the bid by the OWNER. Bidders are to provide any additional information requested by the OWNER.
In evaluating a firm's qualifications, the following major factors will be considered:
A. FINANCIAL CAPABILITY:
For this project, the CONTRACTOR'S financial capability to undertake the project will be determined by the
CONTRACTOR'S ability to secure bonding satisfactory to the OWNER.
B. EXPERIENCE:
Do the organization and key personnel have appropriate technical experience on similar projects?
C. SAFETY:
Does the organization stress and support safety as an important function of the work process?
D. QUALITY OF WORK:
(1) Does the organization have a commitment to quality in every facet of their work - the process as well
as the product?
(2) Does the organization have a written quality philosophy and/or principles that exemplifies their
work? If so, submit as Attachment "A".
(3) Has this organization ever received an award or been recognized for doing "quality" work on a
project? If so, give details under Attachment "A".
E. CONFORMANCE TO CONTRACT DOCUMENTS:
(1) Does the organization have a commitment and philosophy to construct projects as designed and as
defined in the Contract Documents?
The OWNER reserves the right to waive irregularities in determining the firm's qualifications and reserves the right to
require the submission of additional information.
The qualifications of a firm shall not deprive the OWNER of the right to accept a bid, which in its judgement is the
lowest and best bid, to reject any and all bids, to waive irregularities in the bids, or to reject nonconforming, non-
responsive, or conditional bids. In addition, the OWNER reserves the right to reject any bid where circumstances and
developments have in the opinion of the OWNER changed the qualifications or responsibility of the firm.
Material misstatements on the qualifications forms may be grounds for rejection of the firm's bid on this project. Any
such misstatement, if discovered after award of the contract to such firm, may be grounds for immediate termination of
the contract. Additionally, the firm will be liable to the OWNER for any additional costs or damages to the OWNER
resulting from such misstatements, including costs and attorney's fees for collecting such costs and damages.
Complete the following information for your organization:
41211'21 8_54 A hi
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Sanders—P
Y resident Jatnm Martell ----,Asphalt Forma
Steve Turner ---Vice President
Arbrey Stockman —General Superintendent
Jesse Palacous---Concrete Fortran
Carlos Yannis--- Dirt Forman ,
Pt"sk a bQ �rpelned et h
._
Arbrey Stockman Is the general manager on this project.
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41211'21 8:54 AM
�-Ielesley D. Senders
11820 University Avenue
Lubbock, Texas 79423
PROFILE
• Managed million dollar projects
4 Involved in all phases concrete and asphalt work
• Utilized creative thinking, and superior problem solving skills t4 overcome
challenges.
Highly motivated to improve efficiency and profitability of proAU through
Corttmunication and analysis of Methods.
0 Strong leadership skills ensure all contributors remain focused on Critical Success
Factors to achieve all objectives
• Managed multiple simultaneous projects
• Good computer skills
EXPERIENCE:
Over 30 years in the corWructlon industry: 20 years experience as a partner/owner.
Presently a Partner in Lone Star Dirt & Paving Company, in addition to Seven Sanders a
rolkd company, as well as sole owner of a over the road trucking company Sanders
Transportation.
CORE COMPETENCIES:
#Scheduling - Engineering - Material Management - Budgeting - Contract Negotiations -
i
Hands on Supervisor - Staff Training/Motivating,
RECENT PROJECTS:
City of Idalou - road excavation, curb & gutter work, hot mix, and erosion control
City of Lubbock - remove existing asphalt surface, and replace with concrete
City of Lubbock - Seal coat streets throughout the city
Lake Alan Henry G1 - asphalt paving repair, milting, asphalt paving replacement, caliche
road replacement and concrete work.
Lubbock ISD parking kris - demolish and rebuild three (3) parking lots
Cooper Technology Building - new bLdiding, curb & gutter work, sidewalks, asphalt &
concrete paving.
Cooper ISD softball complex - demolish existing complex and rebuilt complex. I
3e Street Project - Indiana Avenue to Avenue 0 Reconstruction,
41211'21 8:54 A M
S1 EPREN D. TURNER
3202 WOODROW ROAD
LUBBOM TO AS 79423
(806) 548-3721
PROFILE
I have been in the construction business for over 4o years and have worked with local
individual contractors as well as with the City, County and State. Successfully
completing multi -million dollar projects on time, fashion while building a positive
rapport with architects, engineers, local officials, vendors and clients while maintaining
costs. Versed in contract negotiations, project estimating, document preparation,
codes and regulations, material purchasing, site management.
Areas of Expertise fie in:
• Team Building & Leadership * Ouality Control Management
Permitting and Building Code * Safety & Compliance Management
• Construction Planning and Scheduling * Organization & Time Management
Critical Path Project Management * Vendor & Materials Management
• Budget Analysis * Estimating & Job Costing
EMPLOYEMENT HISTORY
Lone Star Dirt & Paving 1995 - Present
Plan, organize, and manage the overall projects. Responsibilities include blueprint
review and analysis of projects, preparation of construction documents, bidding,
negotiations, material purchasing, scheduling, project budget, building code
compliance, project development quality control.
Caprock Highway Construction 1983 —1993
W.D. Turner Construction 1976.1g83
KEY PROJECTS AND SELECTED ACCOMPLISHMENTS
• Tx Dot Highway reconstruction
• New Airport construction and renovation of existing runways and taxiways at
Reese Air Force Base and Dallas Naval Air Station
• City of Muleshoe
• Heavy Highway concrete paving in Greenville, Tx
• Seal coat of numerous Texas major highways in Districts all over Texas
• 34th Street Project— Indiana Ave to Ave Q reconstruction
1
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GRANtl'>sCDZQS' CompANY,L96bocsic TX YA2-268
::;:1 Wea'tif semi, L"bod,r T$ Tessa Dmt Of 2word_e&t1 2003--2010
The Rant ! Went shmp) 9MWM ie a five lhRi e, i9 wile B4bwptvjaat is ` TS dalip to
mdm empolfito oltd► and peaeido 1lalded oay to anal fiatece hes>,potta8aaa taede. The
paai atiganoeaat touohar rewsal posbob:m aaf iba adW, inobdtarg Tam Teeb Udvuft. Joeee Stadiac4
tbo ocnW i A m l dbtdak eaamdool a mlem end aelne d bo4* is god MMUD l der. Okuaitn bm
gateomW Wodt es the 1twavi caeteuW fin• all 4 pbarre of to pedact swaaaa I by TxDCT on hr t vmn
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p fiasi job 1aldea. , S.>d & O:t3F., AUpdore t>fis af BmddoM JotsBaal Coab ad wading end rod
!'brae i .. mw pa*WW is d ph= caddded otdo wtaerahag, Am Sm to dx ]rasa, of apleaod u* 5.1
milao of Wat Loop 289 and tlhlde Rd. 1v 30 tb, AIM iaallalad In 9M contact tarns mime g ,
axamb mdm ofmdmtiaes Loop 299 bade ovw US Q I R and bdk%g ad9m 50 St oveown ldamgd and
iLAt&d penieg 321t0 tons of 7*0 8 adz and pea W ail 'vadsoudom mdft fm beans FdIL
Goommated a 9Mb omntfag of37 nntrd'3 I* VAsoICEWMI
im 2 — This oogft pod m of flax 1 it 4.9 mile paedaa of US 82 iMb a POW aaxas
fieewaap, kdoft on eta of nosh Mabaltnos. This gbsas• I I Wad VWWamass atbatat
4hi 30 OuU 19dr St Qm w Ave, 4tb St and Avemle Q I db" and
1alpmrdeed the laying of 3860 to0e of Type 8 gait wbbb boobs a scupo raox d of amuml of mix laid laid
M toys of Type B mla os sevead &p is blab► Waft areas. K3arsrated s 929f, bom Oft of 3E out of 42
paving lots wi8m Tao removal.
Pbm 3A — Caeei W of 9.18 m gm admalti leas Y, ° loads sad tuna mbar flyover
baddper. Throe amtbbrmsd flyo m' firma. Loop 289 to US 82 EB#m y spans 39M 8 raid tataia b a m 74 8 high, .
wi tog it the l qpd and b&d madras in do l> olm of TmDM'a iarbbock District. Tire saoomd A'me4 an
omfflx uad, omm* r $balm US 82 BomV to Loop 289 eon ZM A end omb 41 L tall. GmmmW 100%
bane pr4l► fbr al udwe pound wig Dsw Rmff ffOW for OGPC and.WA VA as nmaval.
nM 3M — Cag1> WgW 1.5 MM atrdt & Boar CMeego to Salem Avg. end isobadea hdmdsmW M M Stead
Side Rd. vdib avm p m aoartt' xd ma rt the 06 hbamcdom. [ aumled 99% bum mntmg Wfi 20 am of xl
pmvlmg I * and naarmmWiL
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4/21►121 9:54 AM
Lone Star
Did
& Paving, Ltd
Unit #
Supervisor
Year
Make
Model
Serial Number I
-Comments
P29
Dodrick
2007
Chev
Silverado
109690
4DR Flat Bed
P33
Jesse's Crew
2005
Chev
4500
509416
4500 Crew Cab Flat Bed
P35
Pete's Crew
2006
Chev
4500
420184
4500 Crew Cab Flat Bed
P37
2011
Ford
E350
A59295
Passenger Van
P38
Keith
2010
Chev
1500
257991
4DR 4 Wheel Drive
P39
Mario
2010
Chev
Silverado
248749
4DR 4 Wheel Drive
P40
Broken
2007
Ford
F550
28113
Mechanics Truck
P41
Rickey
2013
GIVIC
1500
34311
4DR 4 Wheel Drive
P42
Mary
2012
GIVIC
1500
157494
4DR 4 Wheel Drive
P43
Asphalt crew
2013
Chevrolet
3500 HD
141603
4x4 Work Truck
P44
Asphalt Crew
2013
Chevrolet
Silverado
164132
4DR 4 Wheel Drive
P45
Omero
2013
Chevrolet
Silverado
210422
4DR 4 Wheel Drive
P46
Asphalt crew
2013
Cheverolet
3500
139786
4DR Flat Bed
P47
Carlos
2018
Cheverolet
Silverado
150312
4DR 4Wheel Drive
P48
Roland
2013
Ford
E350 Ext
90473
Passenger Van
P49
Rick
2019
Ford
F550
55084
Mechanics Truck
P50
George
2019
Ford
F550
48284
Mechanics Truck
P51
Jason
2016
GIVIC
2500
328111
Mechanics Truck
P52
James
2020
Ford
F250
47726
Crew Cab
P53
Cruz
2020
Ford
F250
87515
Crew Cab
P54
Oscar
2020
Ford
F250
87517
Crew Cab
P55
Arbrey
2019
Ford
F150
25032
P56
Jesse
2021
Ford
F250
36426
Crew Cab
P57
Colin
2020
Ford
F150
54158
Super Crew
PT1
41 Pit
2002
Terex
TA30
A7991477
Articulated Dump Truck
PT2 1
41 Pit t2006
Terex
TA30
A8941056
Artculated Dump Truck
T1
1991
Ford
F8000
Al 3102
Water Truck
T7
1992
Ford
F8000
A07950
Water Truck
T27
1993
Ford
F8000
Al 1847
Water Truck
T28
1991
Ford
F8000
A37304
Bobtail Dump (Asphalt Plant Trk)
T29
2002
Ford
F450
A58078
1 Ton Flatbed
T36
T45
2000
1999
Pbt
Pbt
377
385
486009
502626
Water Truck
Bobtail Dump
Page 1 of 9 41211'21 8:54 AM
T50
1998
Ford
F800
A29809
Mechanics Trk
T52
Jose 2005
Pbt
330
857589
Fuel & Lube Truck
T53
1995
Ford
L900
A42667
Bobtail Dump (Asphalt Plant Trk)
T54
2008
Pbt
388 TWA
740319
Winch Truck (Red haul truck) *Logs
T55
2007
Pbt
Water Truck
676323
Water Truck
T56
2005
Pbt
Water Truck
872143
Water Truck
T57
2008
Pbt
388
752240
Tractor
T58
2008
Pbt
388
758854
Tractor
T59
2007
KW
T-800
183633
Tractor
T60
2007
KW
T-800
183631
Tractor
T61
2007
KW
T-800
183632
Tractor
T62
2007
KW
T-800
207407
Tractor
T63
2007
KW
T-800
185739
Tractor
T64
2008
KW
T-800
212990
Bobtail
T65
2008
KW
T-800
213389
Bobtail
T66
2008
KW
T-800
213387
Bobtail
T67
2008
KW
T-800
212981
Bobtail
T68
2008
KW
T-800
213386
Bobtail
T69
2006
Ptrblt
335
657385
Water Truck
T70
1993
Mack
CH613
27600
Water Truck
T71
2016
Freightliner
108SD
8810
Distributor Truck
T72
2007
Ptrblt
378
698593
Water Truck
T73
2007
Ptrblt
365
666586
Water Truck
T74
2008
Ptblt
367 T/A
770128
Tractor
T75
Chris 2010
Ptblt
340 T/A
105346
Fuel & lube Truck
T76
Bob 2007
Ford
F75O
411347
Mechanics Trk
T77
1999
Mack
RD688S
039735
Bobtail
T78
2000
Peterbilt
357
522718
Water Truck
T79
2012
Mack
CHU613
011338
Tractor
T80
2012
Mack
CHU613
011340
Tractor
T81
2007
International
4300
416708
Bobtail
T82
1992
Mack
RD695
11756
Bobtail
T83
1990
Mack
006322
Bobtail
TR1
1972
Vermeer
Flatbed
1906
16' Folding equip trailers
TR2
1988
Lee
Form
595388
18' equip trailers
TR3
1994
Gooseneck
Flatbed
31241
28' tandam axle w/loading ramp
Page 2 of 9
41211'21 8:54 A hi
TR5
1988
Kaly
Dump
5104
Hydraulic Dump Trailer
TR6
1982
Fruehauf
Tank
2806
Hot oil tanker
TR7
1981
Howl
Equip
S8111280
16' Equip Trlr
TR8
1966
Fruehauf
Tank
OMG353619
Hot oil tanker
TR20
2001
BIGTEX
Utility
E42782
18'
TR21
2002
Shopbuilt
Lube
124068
Lube Trailer
TR30
2006
Clem
End Dump
005313
End dump trailer
TR31
2008
Tiger
Utility
2253
18' utility
TR32
2001
Loadking
Haul Trailer
023906
Low Boy Haul Trailer
TR33
1999
Lee
Model T7
215286
14ft Utility Flatbed
TR34
2009
Tiger
Utility
227
Flat Bed Utility
TR35
2001
Etnyre
Haul Trailer
111211
Low Boy Haul Trailer
TR36
2009
Shopbuilt
Flatbed
Flat Bed Utility
TR37
2005
Load
Tilt Utility
005393
Flat Bed Tilt Utility
TR38
2012
AFF
Equipment
1A9BE1826CL790030
18' BP Equipment
TR39
2012
AFF
Equipment
1A9BE1824CL790031
18' BP Equipment
TR40
2006
Ranco
Dump
1 R9ESD5016L008143
Framless End Dump Trailer
TR41
2012
Bels
Equipment
16JF01622C1046491
Utility
TR42
2012
Bels
Equipment
16JF01629C1046486
Utility
TR43
2001
SEI
SEIPUP
1 S9PD33261 B638302
Pup End Dump
TR44
2001
SEI
SEIPUP
1S9PD33271B638308
Pup End Dump
TR45
1998
SEI
SEIPUP
1S9PD3322WB638109
Pup End Dump
TR46
2000
SEI
SEIPUP
1S9PD3421YB638215
Pup End Dump
TR47
2003
Warren
TIA
1 W9CA4B263T369001
Pup End Dump
TR48
1973
Heil
Tank
924979
Tank Trailer
TR49
2016
Armorite
Dump
56EA75C22GA000626
Framless End Dump Trailer
TR50
Shopbuilt
TR51
2020
Mana
Bellydump
5MC424012L3198398
Belly dump trailer
TR52
2020
Mana
Bellydump
5MC424010L3198397
Belly dump trailer
TR53
2020
Mana
Bellydump
5MC424014L3198399
Belly dump trailer
TR54
2020
Mana
Bellydump
5MC424019L3198396
Belly dump trailer
TR55
2020
Mana
Bellydump
5MC424019L3198401
Belly dump trailer
TR56
2020
Mana
Bellydump
5MC424017L3198395
Belly dump trailer
TR57
2020
Mana
Bellydump
5MC424017L3198400
Belly dump trailer
TR58
2016
Etnyre HFR50TD3
Equipment Trailer
1 E9319072GE111013
Haul Trailer
R59 T
1978
Delta
DD-46-96
2617
Drop Deck Equip Trailer
Page 3 of 9
41211'21 8:54 A hi
TR60
2020
Diamond C
Equipment
46UFU2O29L123O6O6
Utility Trailer
L6
1977
CAT
950
81J10964
Loader GP bucket w/ cab
L9
1989
CAT
980C
89P4756
Loader
L14
1983
CAT
980C
63X4723
Loader
L16
1983
CAT
930
41K11978
Backhoe
L17
2002
CAT
416D
BFP03226
Loader
L19
1989
CAT
988B
050W09849
Loader
L20
CAT
966F
01 SL03446
Compact Track Loader
L21
2004
CAT
252E
CAT0252BCSCP00510
Backhoe
L22
2002
CAT
420D
FDP12773
Loader
L23
2007
CAT
928G
DJD02717
Loader
L24
CAT
950 G
3JW01649
Compact Track Loader
L25
2009
CAT
289C
JMP00867
Compact Track Loader
L26
2012
CAT
289C
JMP2776
Compact Track Loader
L27
2012
CAT
289C
JMP2780
Loader
L28
2011
CAT
980G
2KR75009
Loader
L29
2008
CAT
966H
A6D1384
Landscape Tractor
L33
2006
CAT
416DIL
132D2395
Backhoe
L31
2007
CAT
420EIT
KMW1549
Loader
L32
2006
CAT
938G
RTB2312
Skip Loader
L30
2006
Case
570 MXT
JJG0302936
Loader
L34
2006
CAT
938G
TCR00266
Loader
L35
2010
CAT
850H
OK5K02879
Loader
L36
CAT
420F CE41-1
CATO42OFTSKRO3564
Backhoe
L37
2013
CAT
289C2
CAT0289CCRTD01156
Loader
L39
CAT
980C
Z63X09800
Backhoe
L40
2012
CAT
420E AM
ODAN02116
Compact Track Loader
L41
2013
CAT
289C2
CAT0289CCRTD01156
Backhoe
L42
2017
CAT
966M
OKJP02423
Loader
C3
Dynapac
CP271
23620353
3 Wheel Steel Wheel
C5
1978
Ingram
10-12 ton
726B095
Yellow Wacker Packer
C8
Wacker
Packer
583601396
Green Wacker Packer
C9
Wacker
Packer
654504847
Double Drum Vibratory Roller
C10
C11
C13
1977
r1968 r
Dynapac
Ingram
Ingram
CC421
539375
1125
Page 4
58010324
6419950D63
3A80281 FC
of 9
3 Wheel Steel Wheel
25 Ton Pneumatic
3 Wheel Steel Wheel (90100"
41211'21 8.54 AM
C17
2000
Dynapac
CS141
21720145
Pnuematic Roller
C18
2000
Dynapac
CP271
6996453
Double Drum Compactor
C22
1999
Dynapac
CC522
62910590
VIB
C20
1993
Wacker
Packer
LF70
Vibratory Padfoot
C23
2000
Dynapac
CA250PD
65320338
Vibratory Padfoot
C25
1999
Dynapac
CA152PD
64320602
3 Wheel Steel Wheel
C26
1991
Dynapac
CS12
175363
30 Ton Pneumatic
C27
1995
Dynapac
CP30
7018797
3 Wheel Steel Wheel
C28
1978
INGRAM
10-12ton
882750E9Q
25 Ton Pneumatic
C31
Dynapac
CP301
3 Wheel Steel Wheel
C32
1998
Dynapac
CS141
903R140055
Double Drum Compactor
C33
2008
Dynapac
CC142
60214052
Double Drum Compactor
C34
1998
Dynapac
CC522
62910617
Compactor
C35
1992
Caterpillar
815E
17ZOO487
Compactor
C36
2001
CMI
335C
HE-1506
Compactor
C37
1999
Rex
3-35C
HE1498
VHF Roller
C38
2006
Dynapac
CC522
51720557
Pnuematic Roller
C39
2002
Caterpillar
PS3608
9LS00221
3 Wheel Steel Wheel
C40
1992
Hamm
WH90
33906
7 Wheel Roller
C41
2001
Caterpillar
PS360B
9LS00229
3 Wheel Steel Wheel
C43
2011
Hamm
GRW280-30
H1950097
Compactor
C44
2001
CMI
3-35C
HE1508
Compactor
C45
2006
Dynapac
CP271
2362BR2284
Compactor
C46
1994
Caterpillar
815B
17ZO1695
Compactor
C47
1993
Caterpillar
815B
17ZO1524
Vibratory Double Drum Roller
C48
2013
Dynapac
CC524HF
10000322COA008893
Vibratory Double Drum Roller
C49
2006
Dynapac
CC522VHF
51720557
Compactor
C50
2000
Caterpillar
PS360B
9LS00115
Compactor
C51
2001
Caterpillar
PS360B
9LS00214
Three Wheel Steel Wheel
C52
Sakai
R21-1-2
RR4-40469
C53
2000
CMI
3-35C
HE1496
C54
1999
CMI
3-35C
HE1495
Compactor
CE1
1995
Gomaco
GT3600
902900-053
CE5
Gomaco
Commander III
900100562
Curb & gutter machine
CE6
Gomaco
9500
MC18682-55
4 Track Concrete Paver
CE7
2014
Gomaco
I GT3600 1
902900-957
Placer w/Trimmer Head
Page 5 of 9
41211' 21 8: 5 4 A hi
CE8
Gomaco
Slip Form Paver
CE9
Gomaco
GT-3600
902900-1008
Curb & gutter machine
D1
Gardner -Denver
GD45C
45001
Slab Drill
D3
2006 E-Z Drill
21OB-2SRA
U3349
Dozer
D4
2012 Komatsu
D155AX-7
90078
Slab Drill
I E1 I 11991 I John Deere I 790D-LC I 2ZKO0649 (8465)
Excavator
E3
2002
Cat
350L
3MLOO286
Excavator
E4
2009
Cat
307D
CAT0307DPDSGO0187
Excavator
E5
2007
Cat
330DL
MWPO1286
Excavator
LD4
2002
Leeboy
L500
309276
Pro-Pav
LD6
2000
Champion
1110-W
30277
Asphalt Paver
LD8
2009
Lee -Boy
8515T
8515T-54865
Asphalt Pick-up Machine
LD9
2002
Cedar -Rapids
MS2
45280
500 Gal Tack Wagon
LD11
2015
Lee -Boy
250T
1309357
Asphalt Paver
LD12
2011
CAT
AP-10001)
EAD00433
Asphalt Pick-up Machine
LD14
Cedar -Rapids
MS2
50224
Asphalt Paver
M4
1996
CAT
140H
2ZK006X9
equipped w/rear ripper
M6
1999
CAT
140H
2ZC04412
equipped w/rear ripper
M7
CAT
140 H
2ZKO5654
equipped w/rear ripper
M8
2008
CAT
140H
2ZKO7110
equipped wlrear ripper
M9
2008
CAT
140M
69DO0423
equipped wlrear ripper
M10
2004
CAT
140H
HVCCA00746
equipped w/rear ripper
M11
CAT
140H
CCA04056
equipped w/rear ripper
M12
1974
John Deere
670
002020
equipped w/rear ripper
M14
CAT
140H
CCA01089
equipped wlrear ripper
M15
2006
CAT
140HN
CCA02050
equipped w/rear ripper
M16
2019
CAT
140SW
ON9400238
equipped w/rear ripper
M17
2019
CAT
140SW
N9400164
equipped w/rear ripper
M18
2019
CAT
140SW
N9400162
equipped w/rear ripper
M19
2021
CAT
140
N9400439
equipped w/rear ripper
M20
2020
CAT
140
ON9400385
equipped w/rear ripper
S6
1999 CAT
623E
6YFOO166
Scraper
S7
CAT
623E
6CB00600
Scraper
S8
1996 CAT
623F
6BKO0215
Scraper
S9
2004 CAT
623G
CES00473
Scraper
Page 6 of 9
412I1'21 8.54 AM
S10
2003
CAT
623G
CES00312
Scraper
S11
CAT
623E
6CB00779
Scraper
CS 1
2002
0
Gff es
BM624
D7D H
986
jGhngeer-e
8649
1986
i z
9650
007414
TT4
1994
John Deere
8870
RW8870H002124
TT5
1993
John Deere
8870
RW8870H001398
TT6
1992
John Deere
8760
5755
Tractor 4X4
TT7
John Deere
8760
Tractor 4X4
WT1
2003
Interpipe
12000 Gals
12KT-0002
12000 Tank Tower
WT2
2006
MSE
12000 Gals
2006-31
12000 Tank Tower
WT3
2004
Superior
12000 Gals
00-12-73
12000 Tank Tower
WT4
Interpipe
12000 Gals
774524
12000 Tank Tower
MS2
1999
Broce
sweeper
88467
MS4
Morgan Bldg
I
10161CTBCUSA
Office building
MS5
2000
JD
OFF -SET
8' Mixing Disc
MS6
Star
fuel tanker
CTT1028
1000 gal trailer mounted fuel supply
MS8
2001
BROCE
RJ 350
401011
Broom
MS10
Shop made
3000 gal fuel storage /electric pump
MS11
Shop made
2000 gal fuel storage w/electric pump
MS12
Shop made
1000 gal fuel storage a/electric pump
MS13
Miller
Big 20
trailer mounted welding machine
MS15
Steel Forms
N/A
misc concrete paving forms
MS16
Storage
building
20' enclosed storage van
MS17
Storage
building
18 enclosed storage van
MS18
Shopmade
Trailer
Ramped Single Axle 5X8
MS19
John Deere
Plow
Flat Bottom Breaking Plow
MS20
John Deere
Shreader
Bat Wing
MS23
Leroi
Compressor
KG56-1303
Trailer MTD Air Compressor
MS24
Hotsy
S7055
C792330700
Pressure Washer
MS25
MKC
MK Concrete saw
Honda engine
MS26
Corecut Saw
Honda engine
MS30
Hotsy
5516
203243
Pressure Washer
MS31
1992
Cat
Forklift
7SC00883
60001b
MS37
2003
Bobcat
E
24"
Page 7 of 9
41211' 21 8. 5 4 A hi
MS39
2003
Bobcat
BIT
12"
MS41
1992
Onan
Generator
V2203-136528
Trailer Mtd Power Unite
MS42
1986
Lincoln
SA200
A802862
Welder
MS43
2004
Rome
G1-7-24
20GT-1021
Mixing disc plow
MS46
2004
S Pump
2" Centrifugal Selfpriming
MS47
Poulan
Chainsaw, (two)
MS48
1990
Lincoln
SA200
A-802862
Welder
MS50
1990
AMCO
WOG-2-3230-BG
1053
PLOW
MS51
2006
Allmand
0534AB06
AWB15-5573
Arrowboard
MS52
2006
Allmand
0549AB06
AWB15-5574
Arrowboard
MS53
2006
Red Lion
RLGF8
2906 CODE 616808
2" Pump Type A
MS54
2006
Red Lion
RLGF8
3705 CODE 616808
2" Pump Type A
MS55
Target
PRO6511ID30
228590001
Concrete Saw
MS56
2006
Allmand
0536AB05
Arrowboard
MS57
1996
Arrow Master
1350
6410
Self Propelled Hammer
MS58
2009
Norton
BBC547
8083028
Brick Saw
MS59
MI-T-M
75000 MHO
40033591
Generator
MS60
2005
Wirtgen
W2100
410145
Pavement Profiler
MS61
2004
Ingersall Rand
P185WJD
346433UE0221
Portable Air Compressor
MS62
2003
Ingersall Rand
P185WJD
356249UDPB34
Portable Air Compressor
MS63
2005
Bomag
MPH364R-2
9011323001607
Soil Stabilizer
MS64
2010
MI-T-M
60000MHO
40025106
Generator
MS65
1999
Allmand
402AB05
Portable Solar Arrowboard
MS66
2010
Terex
ODLSE25LA
EVD-10635
Arrowboard
MS67
2010
Terex/Amida
ODLSE25LA
GRD-21578
Arrowboard
MS68
2010
Terex/Amida
ODLSE25LA
GRD-21579
Arrowboard
MS69
2010
Terex/Amida
ODLSE25LA
FKD-13884
Arrowboard
MS70
2010
Terex
ODLSE25LA
FKD-13885
Arrowboard
MS71
2011
GNSS852-882
Trimble Kit
MS72
12'x48'
Mobile Office trailer
MS73
Trimble
GPS System Mounted on M6
MS74
Trimble
GCS900 31) Auto
Option Key
MS75
MS76 I
Remoo
MC WIZ
MCW07-762
Plow
MS77
I
2012
Maxe
5R8U61027CM022963
Pump
MS78
Husgvarne
FS40[
Concrete Flat Saw
Page 8 of 9 41211*21 8:54 Ahi
MS79
Stihl
TS420-14
179141323
Cutoff Saw
MS80
2008
Wirt en
W2100
09.21.0286
Cold Planer
MS81
Hus varna
FS400
Concrete Flat Saw
MS82
Briggs & Stratton
25T235001561
1405081600570
Generator
MS83
2010
Broce
KR-350
407027
Ride on Sweeper
MS84
Wishek
Y-2000-10
AGCWY2000EX036301
Offset Disc Plow
MS85
2010
Ditchwitch
RT45
CMWRT45XCB0000366
Trencher
MS86
2008
Genie
GTH842
GTH0808A12182
Telescopic Forklift
MS87
1998
Link -Belt
RTC-8065
D718-9945
MS88
Genie
S45
S4507-11814
45ft Boom Lift
MS89
Genie
S80
S8004-3616
80ft Boom Lift
MS90
2018
Bobcat
225
MJ161466R
WELDER
MS91
MS695
Jumping Jack
MS92
Stihl
TS-420
Chop Saw
MS93
Stihl
TS-420
Chop Saw
MS94
2011
Wishek
Y2000-10
2030610
Offset Disc Plow
MS95
In ersall-Rand
2 Lights
MS96
Yale
GDP070VXNYRE087
B875V09986K
Fork Lift
MS97
Sulliar
185
2.01205E+11
Portable Air Compressor
MS98
MS99
Plant 1
2001
Omega Impact Crusher Feeder
(Pit 41)
Crusher Plant
Plant 1-A
Conveyor Belt
Plant 2
1978
H & B Hatch Plant Control
(Asphalt Plant)
Hot Elev 10000ASP Tank Misc
Plant 3
2013
Powerscreen Cheifton 1400 Trax
PID00066JDGD16223
(Screen Plant) 5x16 ft deck portable
Plant 4
1998
Yard Crusher - Detriot Eng
OMTRO01
Impact crusher
Plant 5
1999
Nordberg 1213CC
2052-2781
Impact crusher
Plant 7
1998
1 Vince Hagen
981016
Concrete Batch Plant
Page 9 of 9
41211'21 8:54 Ahi
41211'21 8_54 A M
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Re�Co"ace(���■■��ae� arm
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d� poem®�dI.I�L a q
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cowry o u oc PtwijectNawe .oncrete a in
cat of� Concrete atchin of C' S#rects =aloverProjed cad �92 .600.00 Data Pqw a 1112
Koy Project Pasemnal pfojcdmmuw
lea &www=&w Safety OMCw
Nm ®te Ortlt
Ram a CamIntbtamtizmVbftHawes indicates approval to Coaftft dw nuaw individuals as a zoom =)'
Owner Now r1tld position ° Lu Telepbona
Dodson City ° S 5-
fa0astzzmtiou Mazzeiper
OWM llitilitille: alt Patch'
°e10� man s a t a c i Streets
Pta�ad coat
Date Pmjla complded i
KwphqwtpK==l Project Mzma®er Pzzzjact Snpezeadeat Sai�ty O�Car
Nam �
Raibzemre Coutsct >afaRmation man
(lam z appzoval to azeting t5e zzwnes individmis as a refemmoe)
Name Titld Positina OrsoolzapM Telephone
°MatDodson of Lubbock
cnnawo�q„M DMitcl
>�e�rowaer Ci of .
GeandDevcr*p =ofPz*ftPNOUn
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Rafezonae Coataot Inon (IislioR indicates eppnovalnwow � a a miisrwea)
meow T ar d°n Telephone
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41211'21 9:54 AM
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Atia &MM A
' pqjectoaailar I a vwatertName Reconstruction of Ave L
ofPagjeaE» �mo,,a
t.s, halt ana a.s �,,
rmwtGoat 29{. Dace al. Provide $ iostM 3 inches of black base 3 2 Inches of T D HMAC.
KryPro}ectpem�
Name t .�a em ° °dineadw Sebwomcw
Coated
r
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Nana Titb/Paddon ���
°ww of Shallowater
i
832-4521
� �r �
rlhel�yshoo.com
an owner Q of Lubbock
t Daraiption of Projacb MIAIr+ toad th of 71 • withen rd venue Mill elay
PoiOdcost�OBRlent Of V Black Base 8 2
T e C Hot Mix
1470 738.25 mPlabd
KayPsajeatFatma�d 1 0 5
Name t P✓Od sqwbmwft I saw oii m
Qm* cm*d
Moran conw b xmadoa (HatinS mmmt iodiabes Stave Turner -A
a kman
b o ba mm�ealieffivih*as muss
Steve Turner
Owner Nana 7Yde/ p
Cm 0 mdoa bmbmom
r
Pm*"a Owaer Ci of Mon
t3eaeral erg al Cot I StreetsQ �Ibon 2015 Seal Coat
ect
Peojm cost
Key Pmjeat P=oaad >]ro B C=Piftd
Name - - - PhdOt t SefatY Ogh.,
coed i
Rebmm Contact hdbumt1m msftBa i✓o
ar
bbrey
Name i fie WE= mdiltdb as a t+eRaeaoe)
litldpaddon O
CRY Of O%Dn T°Ohm&mafl
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Oa
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A
i
CprreatPrajects and Project Completed within the last ]0 Years Attachment A
Projec
Omer
Gcwr lDcwr . I o�rIC1V12W I projeceNeme ainview- a e oun USIneS3 ar hose
Cieiutal Descrlptidm of rgcct: ui ing 8 Road
Prda�ect Cost ( Project tots cost Daft Project Conde ted
Key Project Ponnel Q n going
ers
Pmjdxt Manager Project Superintendent Sa
i Name _ fir]' Officer Quality Control
ohn ae Steve Turner
lteidaence Contact Intbrmation (&ftg names indicates approval to contacting the names individuals as a rr:fereace) Steve Tumer
Title! Position Organhahan �
°ice Ci of Plainview T°le�h°°°l
J°°`ig°°` PsC - 806-296-1 00
lion Kamm 80fi473-2200
Projectoamer L of LuBtioCk pmjectivame Lub�ocl� usrness silt o � King venue
GanerelDcserdptldmofProjecttBuildIn a Road
Prajdrot Cast _ S271,074. prof ota cost Date Project Coin plated
Keyhojeotparsamel -- 3�n going
_ �OJ Ma°a8gr PROct Superintendent Safetyofficer h]► Control
Name COlin COe 0 In Oe M or
x�r°ncec«dactrnirormetioa(llstittg,un;�;e Steve Turner Steve Turner
Name epptoval to canteoting the names individuals as a reference)
LML—on
r y 0 u 0
gner PStr axi
Manager
Project owner UI y of uI)oC
of"ecrBuildin a Road
Project Cost 345,82 i
Key Project Penroanel
Nome
R°ferencc Contact Infos RWn (iistini names indicates
I Name
Owner
ragaer
Construction Manftr
Title✓ Position Organization TTelephone Email
PtoicaNam f purl Huffman soccer C;olrtplex
total cost I Date Prof ast Completed
Project Manager Project Superiirtendeat Tsafw Officer
►� d Ur uy OZocKman Arly
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City of Lubbock, TX
Purchasing and Contract Management
Safety Record Questionnaire
The City of Lubbock City Council desires to avail itself of the benefits of Section 252.0435 of the Local Government
Code, and consider the safety records of potential contractors prior to awarding proposals on City contracts. Pursuant
to Section 252.0435 of the Local Government Code, City of Lubbock has adopted the following written definition and
criteria for accurately determining the safety record of a proposer prior to awarding proposals on City contracts.
The definition and criteria for determining the safety record of a proposer for this consideration shall be:
The City of Lubbock shall consider the safety record of the offerors in determining the responsibility thereof. The City
may consider any incidence involving worker safety or safety of the citizens of the City of Lubbock, be it related or caused
by environmental, mechanical, operational, supervision or any other cause or factor. Specifically, the City may consider,
among other things:
a. Complaints to, or final orders entered by, the Occupational Safety and Health Review Commission (OSHRC),
against the proposer for violations of OSHA regulations within the past three (3) years.
b. Citations (as defined below) from an Environmental Protection Agency (as defined below) for violations
within the past five (5) years. Environmental Protection Agencies include, but are not necessarily limited to,
the U.S. Army Corps of Engineers (USACOE), the U.S. Fish and Wildlife Service (USFWS), the
Environmental Protection Agency (EPA), the Texas Commission on Environmental Quality (TCEQ), the
Texas Natural Resource Conservation Commission (TNRCC) (predecessor to the TCEQ), the Texas
Department of State Health Services (DSHS), the Texas Parks and Wildlife Department (TPWD), the
Structural Pest Control Board (SPCB), agencies of local governments responsible for enforcing environmental
protection or worker safety related laws or regulations, and similar regulatory agencies of other states of the
United States. Citations include notices of violation, notices of enforcement, suspension/revocations of state
or federal licenses or registrations, fines assessed, pending criminal complaints, indictments, or convictions,
administrative orders, draft orders, final orders, and judicial final judgments.
C. Convictions of a criminal offense within the past ten (10) years, which resulted in bodily harm or death
d. Any other safety related matter deemed by the City Council to be material in determining the responsibility of
the offeror and his or her ability to perform the services or goods required by the proposal documents in a safe
environment, both for the workers and other employees of offeror and the citizens of the City of Lubbock.
In order to obtain proper information from offerors so that City of Lubbock may consider the safety records of potential
contractors prior to awarding proposals on City contracts, City of Lubbock requires that offerors answer the following
four (4) questions and submit them with their proposals:
QUESTION ONE
Has the offeror, or the firm, corporation, partnership, or institution represented by the offeror, or anyone acting for
such firm, corporation, partnership or institution, received citations for violations of OSHA within the past three (3)
years?
YES NO "
If the offeror has indicated YES for question number one above, the offeror must provide to City of Lubbock, with its
proposal submission, the following information with respect to each such citation:
Date of offense, location of establishment inspected, category of offense, final disposition of offense, if any, and
penalty assessed.
11/16/122 10:1■ AM
QUESTION TWO
Has the offeror, or the firm, corporation, partnership, or institution represented by the offeror, or anyone acting for
such firm, corporation, partnership or institution, received citations for violations of environmental protection laws or
regulations, of any kind or type, within the past five years? Citations include notice of violation, notice of enforcement,
suspension/revocations of state or federal licenses, or registrations, fines assessed, pending criminal complaints,
indictments, or convictions, administrative orders, draft orders, final orders, and judicial final judgments.
YES NO ✓
If the offeror has indicated YES for question number two above, the offeror must provide to City of Lubbock, with its
proposal submission, the following information with respect to each such conviction:
Date of offense or occurrence, location where offense occurred, type of offense, final disposition of offense, if any,
and penalty assessed.
UESTION THREE
Has the offeror, or the firm, corporation, partnership, or institution represented by offeror, or anyone acting for such
firm, corporation, partnership, or institution, ever been convicted, within the past ten (10) years, of a criminal offense
which resulted in serious bodily injury or death?
YES NO
If the offeror has indicated YES for question number three above, the offeror must provide to City of Lubbock, with
its proposal submission, the following information with respect to each such conviction:
Date of offense, location where offense occurred, type of offense, final disposition of offense, in any, and penalty
assessed.
QUESTION FOUR
Provide your company's Experience Modification Rate and supporting information:
. 7 Io
ACKNOWLEDGEMENT
THE STATE OF TEXAS
COUNTY OF LUBBOCK
I certify that I have made no willful misrepresentations in this Questionnaire nor have I withheld information in my
statements and answers to questions. I am aware that the information given by me in this questionnaire will be
investigated, with my full permission, and that any misrepresentations or omissions may cause my proposal to be
rejected. /
ignire
1� rJ �0 Jw rye r
Title
111161'22 10:09 A M
Gallagher
1nwrante I Risk Management I Consulting
October 18, 2022
Re: Lone Star Dirt & Paving, Ltd.
11820 Unversity Avenue
Lubbock, TX 79423
Experience Modifier Rating Letter
To Whom It May Concern:
This is to certify that Arthur J Gallagher insures the above referenced contractor and that NCCI has
promulgated their Experience Modification Rate (EMR) for the current period is as follows:
05/30/2022 to 05/30/2023 — .76
Should you have any questions please feel free to contact me.
Sincerely,
Scott Riddle
Area President
806-748-2017
Scott—riddle@ajg.com
111161'22 10:09 AM
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NON -COLLUSION AFFIDAVIT
STATE OF TEXAS
LUBBOCK COUNTY
r�
being first duly sworn, on his/her oath, says that the
bid above submitted is a genuine and not a sham or collusive bid, or made in the interest or on behalf of any
person not therein named; and s/he further says that the said respondent has not directly induced or solicited any
firm on the above work or supplies to put in a sham, or any other person or corporation to refrain from a statement
of qualifications; and that said firm has not in any manner sought by collusion to secure to self an advantage over
any other firm or firms.
AV 0
Firm
Name
Signature
Title
Subscrib and sworn to
Not ry Public
My Commission Expires:
me this / 5
day of 202j.,
zS'ar rye^ DESSIE HERNANDEZ
YARBROUGH
Notary ID #6199703
Ny +� My Commission Expires
of `E June 27, 2026
NOTE: THIS FORM MUST BE COMPLETED AlD E ON
111161'22 10:09 AM
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Company Name
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PROPOSED LIST OF SUB -CONTRACTORS
Location Services Provided
Minority Owned
Yes
No
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THIS FORM SHALL BE COMPLETED AND RETURNED ALONG WITH YOUR
RESPONSE
IF NO SUB -CONTRACTORS WILL BE USED PLEASE INDICATE SO
SUBMITTED BY:
(PRINT NAME OF COMPANY)
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POST -CLOSING DOCUMENT REQUIREMENTS
The below -listed document must be received in the Purchasing and Contract Management Office
Not Later Than SEVEN BUSINESS DAYS after the close date when responses are due.
FINAL LIST OF SUB -CONTRACTORS
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Company Name
2.
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FINAL LIST OF SUB -CONTRACTORS
Location Services Provided
SUBMITTED BY: n ejjl,%-4-A v z-&11
(PRINT NAME OF COMPANY)
Minority Owned
Yes No
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THIS FORM SHALL BE COMPLETED AND RETURNED NOT LATER THAN SEVEN
BUSINESS DAYS AFTER THE CLOSE DATE WHEN RESPONSES ARE DUE
IF NO SUB -CONTRACTORS WILL BE USED PLEASE INDICATE SO
111301'22 2.34 PM
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PAYMENT BOND
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STATUTORY PAYMENT BOND PURSUANT TO SECTION 2253.021(a)
OF THE TEXAS GOVERNMENT CODE
(CONTRACTS MORE THAN $50,000)
KNOW ALL MEN BY THESE PRESENTS, that Lone Star Dirt & Paving, Ltd.. (hereinafter called the
Principal(s), as Principal(s), and
(hereinafter called the Surety(s), as Surety(s), are held and firmly bound unto the City of Lubbock (hereinafter
called the Obligee), in the amount of Two Million One Hundred Eighteen Thousand Two Hundred Thirty
Dollars ($2,118,230.00) lawful money of the United States for the payment whereof, the said Principal and Surety
bind themselves, and their heirs, administrators, executors, successors and assigns, jointly and severally, firmly
by these presents.
WHEREAS, the Principal has entered into a certain written contract with the Obligee, dated 13th day of
December, 2022, to RFP 23-16919-TF Unpaved Roads Improvements C.O. Phase 2 Proiect
and said Principal under the law is required before commencing the work provided for in said contract to execute
a bond in the amount of said contract which contract is hereby referred to and made a part hereof as fully and to
the same extent as if copied at length herein.
NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the said Principal
shall pay all claimants supplying labor and material to him or a subcontractor in the prosecution of the work
provided for in said contract, then, this obligation shall be void; otherwise to remain in full force and effect;
PROVIDED, HOWEVER, that this bond is executed pursuant to the provisions of Section 2253.021(a) of
the Texas Government Code, and all liabilities on this bond shall be determined in accordance with the provisions
of said Article to the same extent as if it were copied at length herein.
IN WITNESS WHEREOF, the said Principal (s) and Surety (s) have signed and sealed this instrument
this day of 2022.
Surety
*By:
(Title)
(Company Name)
By:
(Printed Name)
(Signature)
(Title)
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The undersigned surety company represents that it is duly qualified to do business in Texas, and hereby
designates an agent resident in Lubbock County to whom any requisite notices may be
delivered and on whom service of process may be had in matters arising out of such suretyship.
Surety
* By:
Approved as to form:
City of Lubbock
By:
City Attorney
(Title)
* Note: If signed by an officer of the Surety Company there must be on file a certified extract from the by-laws
showing that this person has authority to sign such obligation. If signed by an Attorney in Fact, we must have
copy of power of attorney for our files.
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PERFORMANCE BOND
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STATUTORY PERFORMANCE BOND PURSUANT TO SECTION 2253.021(a)
OF THE TEXAS GOVERNMENT CODE
(CONTRACTS MORE THAN $100,000)
KNOW ALL MEN BY THESE PRESENTS, that Lone Star Dirt & Paving, Ltd.. (hereinafter called the
Principal(s), as Principal(s), and
(hereinafter called the Surety(s), as Surety(s), are held and firmly bound unto the City of Lubbock (hereinafter
called the Obligee), in the amount of Two Million One Hundred Eighteen Thousand Two Hundred Thirty
Dollars ($2,118,230.00) lawful money of the United States for the payment whereof, the said Principal and Surety
bind themselves, and their heirs, administrators, executors, successors and assigns, jointly and severally, firmly
by these presents.
WHEREAS, the Principal has entered into a certain written contract with the Obligee, dated 13th day of
December, 2022, to RFP 23-16919-TF Unpaved Roads Improvements C.O. Phase 2 Proiect
and said principal under the law is required before commencing the work provided for in said contract to execute
a bond in the amount of said contract which contract is hereby referred to and made a part hereof as fully and to
the same extent as if copied at length herein.
NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the said Principal
shall faithfully perform the work in accordance with the plans, specifications and contract documents, then this
obligation shall be void; otherwise to remain in full force and effect.
PROVIDED, HOWEVER, that this bond is executed pursuant to the provisions of Section 2253.021(a) of
the Texas Government Code, and all liabilities on this bond shall be determined in accordance with the provisions
of said article to the same extent as if it were copied at length herein.
IN WITNESS WHEREOF, the said Principal (s) and Surety (s) have signed and sealed this instrument
this day of , 2022.
Surety
* By:
(Title)
(Company Name)
By:
(Printed Name)
(Signature)
(Title)
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The undersigned surety company represents that it is duly qualified to do business in Texas, and hereby
designates an agent resident in Lubbock County to whom any requisite
notices may be delivered and on whom service of process may be had in matters arising out of such suretyship.
Surety
*By:
(Title)
Approved as to Form
City of Lubbock
By:
City Attorney
* Note: If signed by an officer of the Surety Company, there must be on file a certified extract from the by-laws
showing that this person has authority to sign such obligation. If signed by an Attorney in Fact, we must have
copy of power of attorney for our files.
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CERTIFICATE OF INSURANCE
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CERTIFICATE OF INSURANCE
TO: CITY OF LUBBOCK DATE:
P.O. BOX 2000, Room 204
LUBBOCK, TX 79457 TYPE OF PROJECT:
THIS IS TO CERTIFY THAT (Name and Address of Insured) is, at the date of this certificate,
insured by this Company with respect to the business operations hereinafter described, for the typed of insurance and in accordance with the provisions
f the standard policies used by this company, the further hereinafter
described. Exceptions to standard policy noted hereon.
TYPE OF INSURANCE
POLICY NUMBER
EFFECTIVE
EFFECTIVE
LIMITS
DATE
DATE
GENERAL LIABILITY
❑ Commercial General Liability
General Aggregate $
❑ Claims Made
Products-Comp/Op AGG $
❑ Occurrence
Personal & Adv. Injury $
❑ Owner's & Contractors Protective
Each Occurrence $
❑
Fire Damage (Any one Fire) $
Med Exp (Any one Person)
$
AUTOMOTIVE LIABILITY
❑ Any Auto
Combined Single Limit $
❑ All Owned Autos
Bodily Injury (Per Person) $
❑ Scheduled Autos
Bodily Injury (Per Accident) $
❑ Hired Autos
Property Damage $
❑ Non -Owned Autos
GARAGE LIABILITY
❑ Any Auto
Auto Only - Each Accident $
❑
Other than Auto Only:
Each Accident $
Aggregate $
❑ BUILDER'S RISK
❑ 100% of the Total Contract Price
$
❑ INSTALLATIONFLOATER
$
EXCESS LIABILITY
❑ Umbrella Form
Each Occurrence $
Aggregate $
❑ Other Than Umbrella Form
$
WORKERS COMPENSATION AND
EMPLOYERS' LIABILITY
The Proprietor/ ❑ Included
Statutory Limits
Partners/Executive ❑ Excluded
Each Accident $
Officers are:
Disease Policy Limit $
Disease -Each Employee $
OTHER
The above policies either in the body thereof or by appropriate endorsement provide that they may not be changed or canceled by the insurer in less
than the legal time required after the insured has received written notice of such change or cancellation, or in case there is no legal requirement, in less
than five days in advance of cancellation.
FIVE COPIES OF THE CERTIFICATE OF INSURANCE
MUST BE SENT TO THE CITY OF LUBBOCK
(Name of Insurer)
By:
Title:
The Insurance Certificates Furnished shall name the City of Lubbock as Additional Insured on Auto General
Liability and provide a Waiver of Subrogation in favor of the City of Lubbock. IT SHALL BE THE CONTRACTOR'S.
THE ADDITIONAL INSURED ENDORSEMENT SHALL INCLUDE PRODUCTS AND COMPLETE OPERATIONS.
CONTRACTORCHECKLIST
A CONTRACTOR SHALL:
(1) provide coverage for its employees providing services on a project, for the duration of the project based on
proper reporting of classification codes and payroll amounts and filling of any coverage agreements;
(2) provide a certificate of coverage showing workers' compensation coverage to the governmental entity prior
to beginning work on the project;
(3) provide the governmental entity, prior to the end of the coverage period, a new certificate of coverage
showing extension of coverage, if the coverage period shown on the contractor's current certificate of
coverage ends during the duration of the project;
(4) obtain from each person providing services on a project, and provide to the governmental entity:
(A) a certificate of coverage, prior to that person beginning work on the project, so the governmental
entity will have on file certificates of coverage showing coverage for all persons providing services
on the project; and
(B) no later than seven days after receipt by the contractor, a new certificate of coverage showing
extension of coverage, if the coverage period shown on the current certificate of coverage ends
during the duration of the project;
(5) retain all required certificates of coverage on file for the duration of the project and for one year thereafter;
(6) notify the governmental entity in writing by certified mail or personal delivery, within ten (10) days after
the contractor knew or should have known, of any change that materially affects the provision of coverage
of any person providing services on the project;
(7) post a notice on each project site informing all persons providing services on the project that they are
required to be covered, and stating how a person may verify current coverage and report failure to provide
coverage. This notice does not satisfy other posting requirements imposed by the Act or other commission
rules. This notice must be printed in at least 19-point normal type, and shall be in both English and Spanish
and any other language common to the worker population. The text for the notices shall be the following
text provided by the commission on the sample notice, without any additional words or changes:
PROOF OF COVERAGE SHALL BE FURNISHED TO THE CITY OF LUBBOCK IN THE FORM
OF A CERTIFICATE OF INSURANCE. THE INSURANCE CERTIFICATES FURNISHED
SHALL NAME THE CITY OF LUBBOCK AS ADDITIONAL INSURED ON AUTO/GENERAL
LIABILITY ON A PRIMARY AND NON-CONTRIBUTORY BASIS TO INCLUDE PRODUCTS
OF COMPLETE OPERATIONS. PROVIDE A WAIVER OF SUBROGATION IN FAVOR OF
THE CITY OF LUBBOCK. IT SHALL BE THE CONTRACTOR'S RESPONSIBILITY TO
PROVIDE TO THE OWNER ALL PROOF OF COVERAGE INSURANCE DOCUMENTS
INCLUDING WORKERS COMPENSATION COVERAGE FOR EACH SUBCONTRACTOR.
COPIES OF THE ENDORSEMENTS ARE REQUIRED.
REQUIRED WORKERS' COMPENSATION COVERAGE
"The law requires that each person working on this site or providing services related to this construction project must be
covered by workers' compensation insurance. This includes persons providing, hauling, or delivering equipment and
materials, or providing labor or transportation or other service related to the project, regardless of the identity of their
employer or status as an employee."
"Call the Texas Workers' Compensation Commission at 512-305-7238 to receive information on the legal requirement for
coverage, to verify whether your employer has provided the required coverage, or to report an employer's failure to provide
coverage." and contractually require each person with whom it contracts to provide services on a project, to:
(A) provide coverage based on proper reporting of classification codes and payroll amounts and filing
of any coverage agreements for all of its employees providing services on the project, for the
duration of the project;
(B) provide a certificate of coverage to the contractor prior to that person beginning work on the project;
(C) provide the contractor, prior to the end of the coverage period, a new certificate of coverage
showing extension of coverage, if the coverage period shown on the current certificate of coverage
ends during the duration of the project;
(D) obtain from each other person with whom it contracts, and provide to the contractor:
(i) a certificate of coverage, prior to the other person beginning work on the project; and
(ii) prior to the end of the coverage period, a new certificate of coverage showing extension of the
coverage period, if the coverage period shown on the current certificate of coverage ends during
the duration of the project;
(E) retain all required certificates of coverage on file for the duration of the project and for one year
thereafter;
(F) notify the governmental entity in writing by certified mail or personal delivery, within (ten) 10 days
after the person knew or should have known, of any change that materially affects the provision of
coverage of any person providing services on the project; and
(G) contractually require each other person with whom it contracts, to perform as required by
paragraphs (A) - (H), with the certificate of coverage to be provided to the person for whom they
are providing services.
The Contractor shall not commence work under this contract until he has obtained all insurance as required in the
General Conditions of the contract documents, from an underwriter authorized to do business in the State of Texas
and satisfactory to the City. Proof of coverage shall be furnished to the City and written notice of cancellation or
any material change will be provided ten (10) calendar days in advance of cancellation or change. All policies of
insurance, required herein, including policies of insurance required to be provided by Contractor and its
subcontractors, shall contain a waiver of any and all of the insurer's or payor's, in the event of self-insurance, rights
to subrogation that any such insurer or payor, in the event of self-insurance, may acquire by virtue of payment of
any loss under such insurance or self-insurance. All certificates of insurance submitted to the City in conformity
with the provisions hereof shall establish such waiver.
The Contractor shall procure and carry at its sole cost and expense through the life of this contract, insurance
protection as hereinafter specified. Coverage in excess of that specified herein also shall be acceptable. Such
insurance shall be carried with an insurance company authorized to transact business in the State of Texas and shall
cover all operations in connection with this contract, whether performed by the Contractor or a subcontractor, or
separate policies shall be provided covering the operation of each subcontractor. A certificate of insurance
specifying each and all coverages shall be submitted prior to contract execution.
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CONTRACT
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I
IContract 16919
A
A
STATE OF TEXAS
COUNTY OF LUBBOCK
THIS AGREEMENT, made and entered into this 13" day of December, 2022 by and between the City of Lubbock,
County of Lubbock, State of Texas, acting by and through the Mayor, City of Lubbock, thereunto authorized to do so,
hereinafter referred to as OWNER, and Lone Star Dirt & Paving. Ltd. of the City of Lubboc County of Lubbock and
the State of Texas hereinafter termed CONTRACTOR.
WITNESSETH: That for and in consideration of the payments and agreements hereinafter mentioned, to be made and
performed by the OWNER and under the conditions expressed in the bond bearing even date herewith (if any) the
CONTRACTOR hereby agrees with OWNER to commence and complete the construction of certain improvements
described as follows:
RFP 23-16919-TF Unpaved Roads Improvements C.O. Phase 2 Project
and all extra work in connection therewith, under the terms as stated in the contract documents and at his (or their) own
proper cost and expense to furnish all materials, supplies, machinery, equipment, tools, superintendence, labor, insurance
and other accessories and services necessary to complete the said construction in accordance with the contract documents
as defined in the General Condition of Agreement. Lone Star Dirt & Paving, Ltd.'s proposal dated November 16, 2022,
is incorporated into and made a part of this agreement.
The CONTRACTOR hereby agrees to commence work within ten days after the date written notice to do so shall have
been given to him and to substantially complete same within the time specified in the contract documents.
The OWNER agrees to pay the CONTRACTOR in current funds for the performance of the contract in accordance with
the proposal submitted therefore, subject to additions and deductions, as provided in the contract documents and to make
payment on account thereof as provided therein.
IN WITNESS WHEREOF, the parties to these presents have executed this agreement in Lubbock, Lubbock County,
Texas in the year and day first above written.
CONTRACTOR:
Lone Star 'rt & Paving, Ltd.
By: _
PR TED ME:
TITLE: Vf �"�, ��e��ne r
COMPLETE ADDRESS:
Lone Star Dirt & Paving, Ltd.
11820 University Ave.
Lubbock, TX 79423
kATTEST:
ICorporate Secretary
CITY OF LUBBO , S (OWNER):
By:
Tray Payne,
ATTEST:
Reb a Garza, City Secretary
APPROVED AS TO CONTENT:
Pub ' Wor s Representative
Name (Printed) 0a J
!14MYgp PA TO FORM:
elli Leisure, Assistant City Attorney
e
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GENERAL CONDITIONS OF THE AGREEMENT
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GENERAL CONDITIONS OF THE AGREEMENT
1. OWNER
Whenever the word Owner, or First Party, are used in this contract, it shall be understood as referring to the City of
Lubbock, Texas.
2. CONTRACTOR
Whenever the word Contractor, or Second Party, is used, it shall be understood to mean the person, persons, co-
partnership or corporation, to wit who has agreed to perform the work embraced in
this contract, or their legal representative.
OWNER'S REPRESENTATIVE
Whenever the word Owner's Representative or representative is used in this contract, it shall be understood as
referring to, City of Lubbock, or its representative Josh Kristinek, P.E., Assistant City Engineer/Capital Projects
& Design, so designated who will inspect constructions; or to such other representatives, supervisors, architects,
engineers, or inspectors as may be authorized by said Owner to act in any particular under this agreement.
Engineers, supervisors or inspectors will act for the Owner under the direction of Owner's Representative, but shall
not directly supervise the Contractor or persons acting on behalf of the Contractor.
4. CONTRACT DOCUMENTS
The contract's documents shall consist of the Notice to Offerors, General Instructions to Offerors, Proposal, Signed
Agreement, Statutory Bonds (if required), General Conditions of the Agreement, Special Conditions of the
Agreement (if any), Specifications, Plans, Insurance Certificates, and all other documents made available to Offeror
for inspection in accordance with the Notice to Offerors. The above described materials are sometimes referred to
herein as the "contract" or "contract documents".
INTERPRETATION OF PHRASES
Whenever the words "Directed," "Permitted," "Designated," "Required," "Considered Necessary," "Prescribed," or
words of like import are used, it shall be understood that the direction, requirement, permission, order, designation
or prescription of the Owner's Representative is intended; and similarly, the words "Approved," "Acceptable,"
"Satisfactory," or words of like import shall mean approved by or acceptable or satisfactory to the Owner's
Representative.
SUBCONTRACTOR
The term Subcontractor, as employed herein, includes only those having a direct contract with the Contractor for
performance of work on the project contemplated by these contract documents. Owner shall have no
responsibility to any Subcontractor employed by Contractor for performance of work on the project contemplated
by these contract documents, but said Subcontractors will look exclusively to Contractor for any payments due
Subcontractor. The City reserves the right to approve or disapprove the selection of any subcontractor(s).
WRITTEN NOTICE
Written notice shall be deemed to have been duly served if delivered in person to the individual or to a member of
the firm or to an officer of the corporation for whom it is intended, or if delivered at or sent certified mail to the last
business address known to the party who gives the notice.
CONTRACTOR'S RESPONSIBILITIES
Unless otherwise stipulated, the Contractor shall provide and pay for all materials, supplies, machinery, equipment,
tools, superintendence, labor, insurance, and all water, light, power, fuel, transportation and all other facilities
necessary for the execution and completion of the work covered by the contract documents. Unless otherwise
specified, all materials shall be new and both workmanship and materials shall be of a good quality. The Contractor
shall, if required, furnish satisfactory evidence as to the kind and quality of materials. Materials or work described
in words which so applied have well known, technical or trade meaning shall be held to refer such recognized
standards.
All work shall be done and all materials furnished in strict conformity with the contract documents.
SUBSTANTIALLY COMPLETED
The term "Substantially Completed" is meant that the structure or project contemplated by the contract documents
has been made suitable for use or occupancy or the facility is in a condition to serve its intended purpose, but still
may require minor miscellaneous work and adjustment.
10. LAYOUT
Except as specifically provided herein, the Contractor shall be responsible for laying out all work and shall
accomplish this work in a manner acceptable to the Owner's Representative. The Owner's Representative will check
the Contractor's layout of all major structures and any other layout work done by the Contractor at Contractor's
request, but this check does not relieve the Contractor of the responsibility of correctly locating all work in
accordance with the Plans and Specifications.
it. KEEPING OF PLANS AND SPECIFICATIONS ACCESSIBLE
The Contractor shall be furnished ten copies of all Plans and Specifications without expense to Contractor and
Contractor shall keep one copy of same consistently accessible on the job site.
12. RIGHT OF ENTRY
The Owner's Representative may make periodic visits to the site to observe the progress or quality of the executed
work and to determine, in general, if the work is proceeding in accordance with the contract documents. Owner's
Representative will not be required to make exhaustive or continuous onsite inspections to check the quality or
quantity of the work, nor will Owner's Representative be responsible for the construction means, methods,
techniques, sequences or procedures, or the safety precautions incident thereto. Notwithstanding the Owner's
Representative's rights of entry hereunder, the Owner's Representative will not be responsible for the Contractor's
failure to perform the work in accordance with the Contract Documents.
13. LINES AND GRADES
The Contractor is responsible for construction layout based on the control provided in the construction documents.
All lines and grades shall be furnished whenever Owner's Representative (as distinguished from Resident Project
Representative(s)) deems said lines and grades are necessary for the commencement of the work contemplated by
these contract documents or the completion of the work contemplated by these contract documents. Whenever
necessary, Contractor shall suspend its work in order to permit Owner's Representative to comply with this
requirement, but such suspension will be as brief as practical and Contractor shall be allowed no extra compensation
therefore. The Contractor shall give the Owner's Representative ample notice of the time and place where lines and
grades will be needed. All stakes, marks, etc., shall be carefully preserved by the Contractor, and in case of careless
destruction or removal by Contractor, its Subcontractors, or its employees, such stakes, marks, etc., shall be replaced
by the Owner's Representative at Contractor's expense.
14. OWNER'S REPRESENTATIVE'S AUTHORITY AND DUTY
Unless otherwise specified, it is mutually agreed between the parties to this Agreement that the Owner's
Representative (as distinguished from Resident Project Representative(s))has the authority to review all work
included herein. The Owner's Representative has the authority to stop the work whenever such stoppage may be
necessary to ensure the proper execution of the contract. The Owner's Representative shall, in all cases, determine
the amounts and quantities of the several kinds of work which are to be paid for under the contract documents, and
shall determine all questions in relation to said work and the construction thereof, and shall, in all cases, decide
every question which may arise relative to the execution of this contract on the part of said Contractor. The decision
of the Owner's Representative shall be conclusive in the absence of written objection to same delivered to Owner's
Representative within fifteen (15) calendar days of any decision or direction by Owner's Representative. In the
absence of timely written objection by Contractor, as provided herein, any and all objection or objections shall be
deemed waived.
15. SUPERINTENDENCE AND INSPECTION
It is agreed by the Contractor that the Owner's Representative shall be and is hereby authorized to appoint from
time to time such subordinate engineers, supervisors, or inspectors, as distinguished from Resident Project
Representative, as the said Owner's Representative may deem proper to inspect the materials furnished and the work
done under this Agreement, and to see that said material is furnished and said work is done in accordance with the
specifications therefore. The Contractor shall furnish all reasonable aid and assistance required by the subordinate
engineers, supervisors or inspectors for the proper inspection and examination of the work. The Contractor shall
regard and obey the directions and instructions of any subordinate engineers, supervisors or inspectors so appointed,
when such directions and instructions are consistent with the obligations of this Agreement and accompanying plans
and specifications provided, however, should the Contractor object to any orders by any subordinate engineer,
supervisor or inspector, the Contractor may within fifteen (15) calendar days make written appeal to the Owner's
Representative for its decision. In the absence of timely written objection by Contractor, as provided herein, any
and all objection or objections shall be deemed waived.
16. CONTRACTOR'S DUTY AND SUPERINTENDENCE
The Contractor shall give personal attention to the faithful prosecution and completion of this contract and shall
keep on the work, during its progress, a competent superintendent and any necessary assistants, all satisfactory to
Owner's Representative. The superintendent shall represent the Contractor in its absence and all directions given
to superintendent shall be binding as if given to the Contractor. It is expressly agreed that adequate supervision by
competent and reasonable representatives of the Contractor is essential to the proper performance of the work and
lack of such supervision shall be grounds for suspending operations of the Contractor.
The work, from its commencement to completion, shall be under the exclusive charge and control of the Contractor
and all risk in connection therewith shall be borne by the Contractor.
The Owner or Owner's Representatives shall not be responsible for the acts or omissions of the Contractor, or any
subcontractors, or any of Contractor's agents or employees, or any other persons performing any of the work.
17. CONTRACTOR'S UNDERSTANDING
It is understood and agreed that the Contractor has, by careful examination, satisfied itself as to the nature and
location of the work, the confirmation of the ground, the character, quality and quantity of materials to be
encountered, the character of equipment and facilities needed preliminary to and during the prosecution of the work,
and the general and local conditions, and all other matters which in any way affect the work under the contract
documents. No oral agreement or conversation with any officer, agent, or employee of the Owner, or Owner's
Representative either before or after the execution of this contract, shall affect or modify any of the terms or
obligations herein contained. Subject to the rights of Owner as set forth in Paragraph 23 hereof, all modifications
and/or amendments to the contract documents, shall be in writing, and executed by Owner's Representative and
Contractor.
Unless otherwise specified herein, all loss, expense or damage to Contractor arising out of the nature of the work
to be done, or from the action of the elements, or from any unforeseen circumstance and the prosecution of the
work, shall be sustained and borne by the Contractor at its own cost and expense.
18. CHARACTER OF WORKERS
The Contractor agrees to employ only orderly and competent workers, skillful in the performance in the type of
work required under this contract, to do the work; and agrees that whenever the Owner's Representative shall inform
Contractor in writing that any person or persons on the work, are, in Owner's Representative's sole opinion,
incompetent, unfaithful, disorderly, or otherwise unacceptable to Owner or Owner's Representative, such person or
persons shall be discharged from the work and shall not again be employed on the work without the Owner's
Representative's written consent.
19. CONSTRUCTION PLANT
The Contractor shall provide all labor, tools, equipment, machinery and materials necessary in the prosecution and
completion of this contract where it is not otherwise specifically provided that Owner shall furnish same, and it is
also understood that Owner shall not be held responsible for the care, preservation, conservation, or protection of
any materials, tools, equipment or machinery or any part of the work until it is finally completed and accepted.
The building of structures for the housing of workers or equipment will be permitted only at such places as the
Owner's Representative shall consent or direct, and the sanitary conditions of the grounds in or about such structure
shall at all times be maintained in a manner satisfactory to the Owner's Representative.
20. SANITATION
Necessary sanitary conveniences for the use of laborers on the work site, properly secluded from public observation,
shall be constructed and maintained by the Contractor in such manner and at such points as shall be approved by
the Owner's Representative and their use shall be strictly enforced.
21. OBSERVATION AND TESTING
The Contractor is responsible for construction quality control testing, cost, and reporting of the type and extent
required by the contract documents. The Owner or Owner's Representative shall have the right at all 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 such work is in preparation or progress. Contractor shall
ascertain the scope of any observation that may be contemplated by Owner or Owner's Representative and shall
give ample notice as to the time each part of the work will be ready for such observation. Owner or Owner's
Representative may reject any such work found to be defective or not in accordance with the contract documents,
regardless of the stage of its completion or the time or place of discovery of such errors and regardless of whether
Owner's Representative has previously accepted the work. If any such work should be covered without approval
or consent of the Owner, it must, if requested by Owner or Owner's Representative, be uncovered for examination
at Contractor's expense. In the event that any part of the work is being fabricated or manufactured at a location
where it is not convenient for Owner or Owner's Representative to make observations of such work or require
testing of said work, then in such event Owner or Owner's Representative may require Contractor to furnish Owner
or Owner's Representative certificates of inspection, testing or approval made by persons competent to perform
such tasks at the location where that part of the work is being manufactured or fabricated. All such tests will be in
accordance with the methods prescribed by the American Society for Testing and Materials or such other applicable
organization as may be required by law or the contract documents.
If any such work which is required to be inspected, tested, or approved is covered up without written approval or
consent of the Owner or Owner's Representative, it must, if requested by the Owner or Owner's Representative, be
uncovered for observation and testing at the Contractor's expense. The cost of all such inspections, tests and
approvals shall be borne by the Contractor unless otherwise provided herein. Any work which fails to meet the
requirements of any such tests, inspections or approvals, and any work which meets the requirements of any such
tests or approvals but does not meet the requirements of the contract documents shall be considered defective, and
shall be corrected at the Contractor's expense.
Neither observations by the Owner or Owner's Representative, nor inspections, tests, or approvals made by Owner,
Owner's Representative, or other persons authorized under the contract documents to make such inspections, tests,
or approvals shall relieve the Contractor from its obligation to perform the work in accordance with the requirements
of the contract documents.
22. DEFECTS AND THEIR REMEDIES
It is expressly agreed that if the work or any part thereof, or any material brought on the site of the work for use in
the work or selected for the same, shall be deemed by the Owner or Owner's Representative as unsuitable or not in
conformity with plans, specifications and/or contract documents, the Contractor shall, after receipt of written notice
thereof from the Owner's Representative, forthwith remove such material and rebuild or otherwise remedy such
work so that it shall be in full accordance with the contract documents. It is further agreed that any remedial action
contemplated as hereinabove set forth shall be at Contractor's expense.
23. CHANGES AND ALTERATIONS
The Contractor further agrees that the Owner may make such changes and alterations as the Owner may see fit, in
the line, grade, form dimensions, plans or materials for the work herein contemplated, or any part thereof, either
before or after the beginning of the construction, without affecting the validity of this contract and the accompanying
bond.
If such changes or alterations diminish the quantity of the work to be done, they shall not constitute the basis for a
claim for damages, or anticipated profits on the work that may be dispensed with. If they increase the amount of
work, and the increased work can fairly be classified under the specifications, such increase shall be paid according
to the quantity actually done and at the unit price established for such work under this contract; otherwise such
additional work shall be paid for as provided under Extra Work. In case the Owner shall make such changes or
alterations as shall make useless any work already done or material already furnished or used in said work, then the
Owner shall recompense the Contractor for any material or labor so used, and for actual expenses incurred in
preparation for the work as originally planned.
24. EXTRA WORK
The term "extra work" as used in this contract shall be understood to mean and include all work that may be required
by the Owner or Owner's Representative to be done by the Contractor to accomplish any change, alteration or
addition to the work as shown on the plans and specifications or contract documents and not covered by Contractor's
proposal, except as provided under Changes and Alterations in Paragraph 23.
It is agreed that the Contractor shall perform all extra work under the observation of the Owner's Representative
when presented with a written work order signed by the Owner's Representative; subject, however, to the right of
the Contractor to require written confirmation of such extra work order by the Owner. It is also agreed that the
compensation to be paid to the Contractor for performing said extra work shall be determined by the following
methods:
Method (A) - By agreed unit prices; or
Method (B) - By agreed lump sum; or
Method (C) - If neither Method (A) or Method (B) be agreed upon before the extra work is commenced,
then the Contractor shall be paid the lesser of the following: (1) actual field cost of the
extra work, plus fifteen (15%) percent to the firm actually performing the work, and
additional higher -tier markups limited to 5% to cover additional overhead and insurance
costs; or (2) the amount that would have been charged by a reasonable and prudent
Contractor as a reasonable and necessary cost for performance of the extra work, as
estimated by the Engineer and approved by the Owner..
In the event said extra work be performed and paid for under Method (C)(1), then the provisions of this paragraph
shall apply and the "actual field cost" is hereby defined to include the cost of all workers, such as foremen,
timekeepers, mechanics and laborers, materials, supplies, teams, trucks, rentals on machinery and equipment, for
the time actually employed or used on such extra work, plus actual transportation charges necessarily incurred,
together with all expenses incurred directly on account of such extra work, including Social Security, Old Age
Benefits, Maintenance Bonds, Public Liability and Property Damage and Workers' Compensation and all other
insurances as may be required by law or ordinances or directed by the Owner or Owner's Representative, or by them
agreed to. Owner's Representative may direct the form in which accounts of the actual field cost shall be kept and
records of these accounts shall be made available to the Owner's Representative. The Owner's Representative may
also specify in writing, before the work commences, the method of doing the work and the type and kind of
machinery and equipment to be used; otherwise, these matters shall be determined by the Contractor. Unless
otherwise agreed upon, the prices for the use of machinery and equipment shall be determined by using 100%,
unless otherwise specified, of the latest Schedule of Equipment and Ownership Expenses adopted by the Associated
General Contractors of America. Where practical, the terms and prices for the use of machinery and equipment
shall be incorporated in the written extra work order. The fifteen percent (15%) of the actual field cost to be paid
to Contractor shall cover and compensate Contractor for its profit, overhead, general superintendence and field
office expense, and all other elements of cost and expense not embraced within the actual field cost as herein
defined, save that where the Contractor's Camp or Field Office must be maintained primarily on account of such
Extra Work, then the cost to maintain and operate the same shall be included in the "actual field cost."
No claim for extra work of any kind will be allowed unless ordered in writing by Owner's Representative. In case
any orders or instructions appear to the Contractor to involve extra work for which Contractor should receive
compensation or an adjustment in the construction time, Contractor shall prior to commencement of such extra
work, make written request to the Owner's Representative for a written order authorizing such extra work. Should
a difference of opinion arise as to what does or does not constitute extra work or as to the payment therefore, and
the Owner's Representative insists upon its performance, the Contractor shall proceed with the work after making
written request for written order and shall keep adequate and accurate account of the actual field cost thereof, as
provided under Method (C) (1). If Contractor does not notify Owner's Representative before the commencement
of any extra work, any claim for payment due to alleged extra work shall be deemed waived.
25. DISCREPANCIES AND OMISSIONS
It is further agreed that it is the intent of the contract documents that all work described in the proposal, the
specifications, plans and other contract documents, is to be done for the prices quoted by the Contractor and that
such price shall include all appurtenances necessary to complete the work in accordance with the intent of these
contract documents as interpreted by Owner's Representative. Notices of any discrepancies or omissions in these
plans, specifications, or contract documents, shall be given to the Owners' Representative and a clarification
obtained before the proposals are received, and if no such notice is received by the Owner's Representative
prior to the opening of proposals, then it shall be deemed that the Contractor fully understands the work to
be included and has provided sufficient sums in its proposal to complete the work in accordance with these
plans and specifications. If Contractor does not notify Owner's Representative before offering of any
discrepancies or omissions, then it shall be deemed for all purposes that the plans and specifications are
sufficient and adequate for completion of the project. It is further agreed that any request for clarification
must be submitted no later than five (5) calendar days prior to the opening of proposals. In the absence of a
requested clarification for a conflict in the documents prior to proposals being reviewed, it will be assumed
that the Contractor proposes the higher cost alternative on conflicts identified after proposals are reviewed.
26. RIGHT OF OWNER TO MODIFY METHODS AND EQUIPMENT
If at any time the methods or equipment used by the Contractor are found to be inadequate to secure the quality of
work with the rate of progress required under this contract, the Owner or Owner's Representative may order the
Contractor in writing to increase their safety or improve their character and efficiency and the Contractor shall
comply with such order. If, at any time, the working force of the Contractor is inadequate for securing the progress
herein specified, the Contractor shall, if so ordered in writing, increase its force or equipment, or both, to such an
extent as to give reasonable assurance of compliance with the schedule of progress.
27. PROTECTION AGAINST ACCIDENT TO EMPLOYEES AND THE PUBLIC AND GENERAL INDEMNITY
The Contractor shall take out and procure a policy or policies of Workers' Compensation Insurance with an
insurance company licensed to transact business in the State of Texas, which policy shall comply with the Workers'
Compensation laws of the State of Texas. The Contractor shall at all times exercise reasonable precaution for the
safety of employees and others on or near the work and shall comply with all applicable provisions of federal, state
and municipal laws and building and construction codes. All machinery and equipment and other physical hazards
shall be guarded in accordance with the "Manual of Accident Prevention in Construction" of Associated General
Contractors of America, except where incompatible with federal, state or municipal laws or regulations. The
Contractor, its sureties and insurance carriers shall defend, indemnify and hold harmless the Owner and Engineer
and all of its officers, agents and employees against any all losses, costs, damages, expenses, liabilities, claims
and/or causes of action, whether known or unknown, fixed, actual, accrued or contingent, liquidated or unliquidated,
including, but not limited to, attorneys' fees and expenses, in connection with, incident to, related to, or arising out
of, the Contractor's or any subcontractor's, agent's or employee's, in any manner whatsoever, omission, execution
and/or supervision of this contract, and the project which is the subject matter of this contract.
The safety precautions taken shall be the sole responsibility of the Contractor, in its sole discretion as an Independent
Contractor; inclusion of this paragraph in the Agreement, as well as any notice which may be given by the Owners
or the Owner's Representative concerning omissions under this paragraph as the work progresses, are intended as
reminders to the Contractor of its duty and shall not be construed as any assumption of duty to supervise safety
precautions by either the Contractor or any of its subcontractors.
28. CONTRACTOR'S INSURANCE
The Contractor shall not commence work under this contract until he has obtained all insurance as required in the
General Conditions of the contract documents, from an underwriter authorized to do business in the State of Texas
and satisfactory to the City. Proof of coverage shall be furnished to the City and written notice of cancellation or
any material change will be provided ten (10) calendar days in advance of cancellation or change. All policies of
insurance, required herein, including policies of insurance required to be provided by Contractor and its
subcontractors, shall contain a waiver of any and all of the insurer's or payor's, in the event of self-insurance, rights
to subrogation that any such insurer or payor, in the event of self-insurance, may acquire by virtue of payment of
any loss under such insurance or self-insurance. All certificates of insurance submitted to the City in conformity
with the provisions hereof shall establish such waiver.
The Contractor shall procure and carry at its sole cost and expense through the life of this contract, insurance
protection as hereinafter specified. Coverage in excess of that specified herein also shall be acceptable. Such
insurance shall be carried with an insurance company authorized to transact business in the State of Texas and shall
cover all operations in connection with this contract, whether performed by the Contractor or a subcontractor, or
separate policies shall be provided covering the operation of each subcontractor. A certificate of insurance
specifying each and all coverages shall be submitted prior to contract execution.
PROOF OF COVERAGE SHALL BE FURNISHED TO THE CITY OF LUBBOCK IN THE
FORM OF A CERTIFICATE OF INSURANCE. THE INSURANCE CERTIFICATES
FURNISHED SHALL NAME THE CITY OF LUBBOCK AS ADDITIONAL INSURED ON
AUTO/GENERAL LIABILITY ON A PRIMARY AND NON-CONTRIBUTORY BASIS TO
INCLUDE PRODUCTS OF COMPLETE OPERATIONS. PROVIDE A WAIVER OF
SUBROGATION IN FAVOR OF THE CITY OF LUBBOCK. IT SHALL BE THE
CONTRACTOR'S RESPONSIBILITY TO PROVIDE TO THE OWNER ALL PROOF OF
COVERAGE INSURANCE DOCUMENTS INCLUDING WORKERS COMPENSATION
COVERAGE FOR EACH SUBCONTRACTOR. COPIES OF THE ENDORSEMENTS ARE
REQUIRED.
Commercial General Liability Requirements: $ 1 M occurrence / $2M aggregate (can be combined with an
Excess Liability to meet requirements). CGL is required in ALL contracts. It is perhaps the most important
of all insurance policies in a contractual relationship. It insures the Contractor has broad liability coverage
for contractual activities and for completed operations. Commercial General Liability to include Products
— Completion/OP, Personal and Advertising Injury, Contractual Liability, Fire Damage (any one fire), and
Medical Expenses (any one person).
Commercial General Liability Heavy Equipment Endorsement: Heavy equipment endorsement is required
Automobile Liability Requirements: $ 1 M/occurrence is needed
Workers Compensation Requirements: Statutory. If the vendor is an independent contractor with no
employees and are exempt from providing Workers' Compensation coverage, they must sign a waiver
(obtained from COL Purchasing) and include a copy of their driver's license. Employer Liability ($1M
min) is required with Workers Compensation.
* The City of Lubbock (including its officials, employees and volunteers) shall be afforded additional
insured status on a primary and non-contributory basis on all liability policies except professional
liabilities and workers' comp.
* Waivers of Subrogation are required for CGL, AL, and WC.
* To Include Products of Completed Operations endorsement.
* Carrier will provide a 30-day written notice of cancellation, 10-day written notice for non- payment.
* Carriers must meet a A.M. Best rating of A- or better.
* Subcontractors must carry same limits as listed above.
1. Definitions:
Certificate of coverage ("certificate") - A copy of a certificate of insurance, a certificate of authority
to self -insure issued by the commission, or a coverage agreement (TWCC-81, TWCC-82, TWCC-
83, or TWCC-84), showing statutory workers' compensation insurance coverage for the person's or
entity's employees providing services on a project, for the duration of the project.
Duration of the project - includes the time from the beginning of the work on the project until the
Contractor's/person's work on the project has been completed and accepted by the governmental
entity.
Persons providing services on the project ("subcontractor" in Section 406.096, Texas Labor Code)
- includes all persons or entities performing all or part of the services the Contractor has undertaken
to perform on the project, regardless of whether that person contracted directly with the Contractor
and regardless of whether that person has employees. This includes, without limitation,
independent contractors, subcontractors, leasing companies, motor carriers, owner -operators,
employees of any such entity, or employees of any entity which furnishes persons to provide
services on the project. "Services" include, without limitation, providing, hauling, or delivering
equipment or materials, or providing labor, transportation, or other service related to a project.
"Services" does not include activities unrelated to the project, such as foodibeverage vendors, office
supply deliveries, and delivery of portable toilets.
2. The Contractor shall provide coverage, based on proper reporting of classification codes and
payroll amounts and filing of any coverage agreements, which meets the statutory requirements of
Texas Labor Code, Section 401.011(44) for all employees of the contractor providing services on
the project, for the duration of the project.
The Contractor must provide a certificate of coverage to the governmental entity prior to being
awarded the contract.
4. If the coverage period shown on the Contractor's current certificate of coverage ends during the
duration of the project, the Contractor must, prior to the end of the coverage period, file a new
certificate of coverage with the governmental entity showing that coverage has been extended.
The Contractor shall obtain from each person providing services on the project, and provide to the
governmental entity:
(a) a certificate of coverage, prior to that person beginning work on the project, so the
governmental entity will have on file certificates of coverage showing coverage for all
persons providing services on the project; and
(b) no later than seven days after receipt by the Contractor, a new certificate of coverage
showing extension of coverage, if the coverage period shown on the current certificate of
coverage ends during the duration of the project.
The Contractor shall retain all required certificates of coverage for the duration of the project and
for one year thereafter.
The Contractor shall notify the governmental entity in writing by certified mail or personal delivery,
within 10 days after the Contractor knew or should have known, of any change that materially
affects the provision of coverage of any person providing services on the project.
The Contractor shall post on each project site a notice, in the text, form and manner prescribed by
the Texas Workers' Compensation Commission, informing all persons providing services on the
project that they are required to be covered, and stating how a person may verify coverage and
report lack of coverage.
The Contractor shall contractually require each person with whom it contracts to provide services
on the project, to:
(a) provide coverage, based on proper reporting of classification codes and payroll amounts
and filing of any coverage agreements, which meets the statutory requirements of Texas
Labor Code, Section 401.011(44) for all of its employees providing services on the project,
for the duration of the project;
(b) provide to the Contractor, prior to that person beginning work on the project, a certificate
of coverage showing that coverage is being provided for all employees of the person
providing services on the project, for the duration of the project;
(c) provide the Contractor, prior to the end of the coverage period, a new certificate of
coverage showing extension of coverage, if the coverage period shown on the current
certificate of coverage ends during the duration of the project;
(d) obtain from each other person with whom it contracts, and provide to the Contractor:
(1) a certificate of coverage, prior to the other person beginning work on the project;
and
(2) a new certificate of coverage showing extension of coverage, prior to the end of
the coverage period, if the coverage period shown on the current certificate of
coverage ends during the duration of the project;
(e) retain all required certificates of coverage on file for the duration of the project and for one
year thereafter;
(f) notify the governmental entity in writing by certified mail or personal delivery, within 10
days after the person knew or should have known, of any change that materially affects the
provision of coverage of any person providing services on the project; and
(g) contractually require each person with whom it contracts to perform as required by
paragraphs (a) - (g), with the certificates of coverage to be provided to the person for whom
they are providing services.
10. By signing this contract or providing or causing to be provided a certificate of coverage, the
Contractor is representing to the governmental entity that all employees of the Contractor who will
provide services on the project will be covered by worker's compensation coverage for the duration
of the project, that the coverage will be based on proper reporting of classification codes and payroll
amounts, and that all coverage agreements will be filed with the appropriate insurance carrier or,
in the case of a self -insured, with the commission's Division of Self -Insurance Regulation.
Providing false or misleading information may subject the Contractor to administrative penalties,
criminal penalties, civil penalties, or other civil actions.
11. The Contractor's failure to comply with any of these provisions is a breach of contract by the
Contractor which entitles the governmental entity to declare the contract void if the Contractor does
not remedy the breach within ten days after receipt of notice of breach from the governmental
entity.
G. Proof of Coverage
Before work on this contract is commenced, each Contractor and subcontractor shall submit to the Owner
for approval five Certificates of Insurance covering each insurance policy carried and offered as evidence
of compliance with the above insurance requirements, signed by an authorized representative of the
insurance company setting forth:
(1) The name and address of the insured.
(2) The location of the operations to which the insurance applies.
(3) The name of the policy and type or types of insurance in force thereunder on the date borne by such
certificate.
(4) The expiration date of the policy and the limit or limits of liability thereunder on the date borne by
such certificate.
(5) A provision that the policy may be canceled only by mailing written notice to the named insured at
the address shown in the proposal specifications.
(6) A provision that written notice shall be given to the City ten days prior to any change in or
cancellation of the policies shown on the certificate.
(7) The certificate or certificates shall be on the form (or identical copies thereof) contained in the job
specifications. No substitute of nor amendment thereto will be acceptable.
(8) If policy limits are paid, new policy must be secured for new coverage to complete project.
(9) A Contractor shall:
(a) provide coverage for its employees providing services on a project, for the duration of the
project based on proper reporting of classification codes and payroll amounts and filling of
any coverage agreements;
(b) provide a certificate of coverage showing workers' compensation coverage to the
governmental entity prior to beginning work on the project;
(c) provide the governmental entity, prior to the end of the coverage period, a new certificate
of coverage showing extension of coverage, if the coverage period shown on the
Contractor's current certificate of coverage ends during the duration of the project;
(d) obtain from each person providing services on a project, and provide to the governmental
entity:
(i) a certificate of coverage, prior to that person beginning work on the project, so the
governmental entity will have on file certificates of coverage showing coverage
for all persons providing services on the project; and
(ii) no later than seven days after receipt by the Contractor, a new certificate of
coverage showing extension of coverage, if the coverage period shown on the
current certificate of coverage ends during the duration of the project;
(e) retain all required certificates of coverage on file for the duration of the project and for one
year thereafter;
(f) notify the governmental entity in writing by certified mail or personal delivery, within 10
days after the Contractor knew or should have known, of any change that materially affects
the provision of coverage of any person providing services on the project;
(g) post a notice on each project site informing all persons providing services on the project
that they are required to be covered, and stating how a person may verify current coverage
and report failure to provide coverage. This notice does not satisfy other posting
requirements imposed by the Texas Worker's Compensation Act or other commission
rules. This notice must be printed with a title in at least 30-point bold type and text in at
least 19-point normal type, and shall be in both English and Spanish and any other language
common to the worker population. The text for the notices shall be the following text
provided by the commission on the sample notice, without any additional words or
changes:
REQUIRED WORKERS' COMPENSATION COVERAGE
"The law requires that each person working on this site or providing services related to
this construction project must be covered by workers' compensation insurance. This
includes persons providing, hauling, or delivering equipment or materials, or providing
labor or transportation or other service related to the project, regardless of the identity
of their employer or status as an employee. "
"Call the Texas Workers' Compensation Commission at 800-372-7713 or 512-804-4000
(www.tdi.state.tx.us) to receive information of the legal requirements for coverage, to
verify whether your employer has provided the required coverage, or to report an
employer's failure to provide coverage, " and
(h) contractually require each person with whom it contracts to provide services on a project,
to:
(i) provide coverage based on proper reporting of classification codes and payroll
amounts and filing of any coverage agreements for all of its employees providing
services on the project, for the duration of the project;
(ii) provide a certificate of coverage to the Contractor prior to that person beginning
work on the project;
(iii) include in all contracts to provide services on the project the following language:
"By signing this contract or providing or causing to be
provided a certificate of coverage, the person signing this
contract is representing to the governmental entity that all
employees of the person signing this contract who will provide
services on the project will be covered by workers'
compensation coverage for the duration of the project, that
the coverage will be based on proper reprinting of
classification codes and payroll amounts, and that all coverage
agreements will be filed with the appropriate insurance
carrier or, in the case of a self -insured, with the commission's
Division of Self -Insurance Regulation. Providing false or
misleading information may subject the Contractor to
administrative penalties, criminal penalties, civil penalties, or
other civil actions.";
(iv) provide the Contractor, prior to the end of the coverage period, a new certificate of
coverage showing extension of coverage, if the coverage period shown on the
current certificate of coverage ends during the duration of the project;
(v) obtain from each other person with whom it contracts, and provide to the
Contractor:
(1) a certificate of coverage, prior to the other person beginning work on the
project; and
(2) prior to the end of the coverage period, a new certificate of coverage
showing extension of the coverage period, if the coverage period shown
on the current certificate of coverage ends during the duration of the
project;
(vi) retain all required certificates of coverage on file for the duration of the project and
for one year thereafter;
(vii) notify the governmental entity in writing by certified mail or personal delivery,
within 10 days after the person knew or should have known, of any change that
materially affects the provision of coverage of any person providing services on
the project; and
(viii) contractually require each other person with whom it contracts, to perform as
required by paragraphs (i)-(viii), with the certificate of coverage to be provided to
the person for whom they are providing services.
29. DISABLED EMPLOYEES
Contractors having more than fifteen (15) employees agree to comply with the Americans with Disabilities Act of
1990, and agree not to discriminate against a qualified individual with a disability because of the disability of such
individual in regard to job application procedures, the hiring, advancement, or discharge of employees, employee
compensation, job training, and other terms, conditions, and privileges of employment.
30. PROTECTION AGAINST CLAIMS OF SUBCONTRACTORS, LABORERS, MATERIALMEN, AND
FURNISHERS OF MACHINERY, EQUIPMENT AND SUPPLIES
Without limiting, in any way, manner or form, the indemnity provided by Contractor in paragraph 27 hereof, the
Contractor agrees that it will indemnify and save the Owner and Engineer and all of its officers, agents and
employees, harmless against any and all claims, liabilities, losses, damages, expenses and causes of action arising
out of, in any way, manner or form, the demands of subcontractors, laborers, workmen, mechanics, material men
and furnishers of machinery and parts thereof, equipment, power tools, and supplies, incurred in the performance
of this contract and the project which is the subject matter of this contract. When Owner so desires, the Contractor
shall furnish satisfactory evidence that all obligations of the nature hereinabove designated have been paid,
discharged or waived.
31. PROTECTION AGAINST ROYALTIES OR PATENT INVENTION
The Contractor shall pay all royalties and license fees, and shall provide for the use of any design, device, material
or process covered by letters patent or copyright by suitable legal agreement with the Patentee or owner thereof.
Without limiting, in any way, manner or form, the indemnity provided by Contractor in paragraph 27 hereof, the
Contractor shall defend all suits or claims for infringement of any patent or copyrights and shall indemnify and save
the Owner and Engineer, and all of its officers, agents and employees harmless from any loss on account thereof,
except that Owner shall defend all such suits and claims and shall be responsible for all such loss when a particular
design, device, material or process or the product of a particular manufacturer or manufacturers is specified or
required in these contract documents by Owner; provided, however, if choice of alternate design, device, material
or process is allowed to the Contractor, then Contractor shall indemnify and save Owner, and all of its officers,
agents and employees harmless from any loss on account thereof. Notwithstanding anything herein to the contrary,
if the material or process specified or required by Owner and/or this contract is an infringement, the Contractor
shall be responsible for such loss unless it gives written notice of such infringement to the Owner's Representative
prior to offering.
32. LAWS AND ORDINANCES
The Contractor shall at all times observe and comply with all federal, state and local laws, ordinances and
regulations, which in any manner affect the contract or the work, and without limiting, in any way, manner or form,
the indemnity provided by Contractor in paragraph 27 hereof, Contractor shall indemnify and save harmless the
Owner and Engineer and all of its officers, agents, and employees against any claims arising from the violation of
any such laws, ordinances, and regulations, whether by the Contractor, its employees, or subcontractors. If the
Contractor observes that the plans and specifications are at variance therewith, he shall notify the Owner's
Representative in writing prior to proposing and any necessary changes shall be adjusted as provided in the contract
for changes in the work. In the absence of timely written notification to Owner's Representative of such variance
or variances within said time, any objection and/or assertion that the plans and specifications are at variance with
any federal, state or local laws, ordinances or regulations shall be deemed waived. If the Contractor, its employees
or subcontractors perform any work contrary to such laws, ordinances, rules and regulations, and without such
notice to the Owner's Representative, Contractor shall bear all costs arising there from.
The Owner is a municipal corporation of the State of Texas and the law from which it derives its powers, insofar as
the same regulates the objects for which, or the manner in which, or the conditions under which the Owner may
enter into contracts, shall be controlling, and shall be considered as part of this contract to the same effect as though
embodied herein.
33. SUBCONTRACTING
The Contractor agrees that it will retain personal control and will give its personal attention to the fulfillment of this
contract. The Contractor further agrees that subletting of any portion or feature of the work, or materials required
in the performance of this contract, shall not relieve the Contractor from its full obligations to the Owner, as
provided by the contract documents.
34. TIME FOR SUBSTANTIAL COMPLETION AND LIQUIDATED DAMAGES
It is hereby understood and mutually agreed by and between the Contractor and the Owner, that the date of beginning
and time for completion as specified in the Notice to Proceed and contract documents, respectively, of work to be
done hereunder are essential conditions of this contract; and it is further mutually understood and agreed that the
work embraced in this contract shall be commenced as provided in the contract documents.
If the Contractor should neglect, fail, or refuse to substantially complete the work within the time herein specified,
then the Contractor does hereby agree as part of the consideration for the awarding of this contract, the Owner may
withhold permanently from Contractor's total compensation, the sum of $600 PER CONSECUTIVE
CALENDAR DAY, not as a penalty, but as liquidated damages for the breach of the contract as herein set forth
for each and every working day that the Contractor shall be in default after the time stipulated for substantially
completing the work.
If the Contractor should neglect, fail, or refuse to Finally complete the work within the time herein specified, then
the Contractor does hereby agree as part of the consideration for the awarding of this contract, the Owner may
withhold permanently from Contractor's total compensation, the sum of $300 PER CONSECUTIVE
CALENDAR DAY, not as a penalty, but as liquidated damages for the breach of the contract as herein set forth
for each and every working day that the Contractor shall fail to meet the time requirements stipulated for
substantially completing the work.
It is expressly understood and agreed, by and between Contractor and the Owner, that the time for the substantial
completion of the work described herein is reasonable time for the completion of the same, taking into consideration
the average climatic range and conditions and usual industrial conditions prevailing in this locality. The amount is
fixed and agreed upon by and between the Contractor and the Owner because the actual damages the Owner would
sustain in such event would be difficult and/or impossible to estimate, however, the amount agreed upon herein is
a reasonable forecast of the amount necessary to render just compensation to Owner, and is expressly agreed to be
not disproportionate to actual damages as measured at time of breach.
IT IS FURTHER AGREED AND UNDERSTOOD BETWEEN THE CONTRACTOR AND OWNER THAT
TIME IS OF THE ESSENCE OF THIS CONTRACT.
35. TIME AND ORDER OF COMPLETION
It is the meaning and intent of this contract, unless otherwise herein specifically provided, that the Contractor shall
be allowed to prosecute its work in such order of precedence, and in such manner as shall be most conductive to
economy of construction. The Contractor shall ensure daily prosecution of the work is conducted every business
day until completed, regardless if the work will be substantially or finally complete ahead of specified deadlines in
the agreement, unless the City determines time off from said prosecution is necessary or reasonable and Contractor
received said determination in writing from the City. Further, when the Owner is having other work done, either by
contract or by its own force, the Owner's Representative (as distinguished from the Resident Project Representative)
may direct the time and manner of constructing work done under this contract so that conflicts will be avoided and
the construction of the various works being done for the Owner shall be harmonized. Additionally, inclement
weather shall be the only other reason consistent, daily prosecution of the work may not take place on those
inclement weather days.
The Contractor shall submit, at such times as may reasonably be requested by the Owner's Representative, schedules
which shall show the order in which the Contractor intends to carry on the work, with dates at which the Contractor
will start the several parts of the work and estimated dates of completion of the several parts.
36. TIME OF PERFORMANCE
The Contractor agrees that it has submitted its proposal in full recognition of the time required for the completion
of this project, taking into consideration the average climatic range and industrial conditions prevailing in this
locality, and has considered the liquidated damage provisions of paragraph 34 hereinabove set forth and expressly
agrees that it shall not be entitled to, nor will it request, an extension of time on this contract, except when its work
has been delayed by an act or neglect of the Owner, Owner's Representative, employees of the Owner or other
contractors employed by the Owner, or by changes ordered in the work, or by strike, walkouts, acts of God or the
public enemy, fire or flood. Any request for extension shall be in writing with the written request for same setting
forth all justifications, in detail, for the request, and submitted to Owner's Representative within twenty (20)
calendar days of the occurrence of the event causing said delay. A failure by Owner's Representative to
affirmatively grant the extension no later than within twenty (20) calendar days of written submission by Contractor
shall be deemed a denial, and final. Further, in the absence of timely written notification of such delay and request
for extension, as provided herein, any request for extension by Contractor shall be deemed waived.
37. HINDRANCE AND DELAYS
In executing the contract, the Contractor agrees that in undertaking to complete the work within the time herein
fixed, Contractor has taken into consideration and made allowances for all hindrances and delays incident to such
work, whether growing out of delays due to unusual and unanticipated circumstances, difficulties or delays in
securing material or workers, or any other cause or occurrence. No charge shall be made by the Contractor for
hindrance or delays from any cause during the progress of any part of the work embraced in this contract except
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 sole judgment of the Owner's Representative that is caused by such stoppage shall be
paid by Owner to Contractor.
38. QUANTITIES AND MEASUREMENTS
No extra or customary measurements of any kind will be allowed, but the actual measured or computed length,
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, then Owner and Contractor agree that this contract, including the
specifications, plans and other contract documents are intended to show clearly all work to be done and material to
be furnished hereunder. Where the estimated quantities are shown, and only when same are expressly stated to be
estimates, for the various classes of work to be done and material to be furnished under this contract, they are
approximate and are to be used only as a basis for estimating the probable cost of the work and for comparing their
proposals offered for the work. In the event the amount of work to be done and materials to be furnished are
expressly stated to be estimated, and only when same are expressly stated to be estimated, it is understood and
agreed that the actual amount of work to be done and the materials to be furnished under this contract may differ
somewhat from these estimates, and that where the basis for payment under this contract is the unit price method,
payment shall be for the actual amount of work done and materials furnished on the project, provided that the over
run or under run of estimated quantities not exceed 15% of the estimated quantity.
39. PROTECTION OF ADJOINING PROPERTY
The Contractor shall take proper means to protect the adjacent or adjoining property or properties in any way
encountered, which may be injured or seriously affected by any process of construction to be undertaken under this
agreement, from any damage or injury by reason of said process of construction; and Contractor shall be liable for
any and all claims for such damage on account of his failure to fully protect all adjacent property. Without limiting,
in any way, manner and form, the indemnity provided by Contractor in paragraph 27 hereof, the Contractor agrees
to indemnify, save and hold harmless the Owner and Engineer, and any of its officers, agents and employees, against
any and all claims or damages due to any injury to any adjacent or adjoining property, related to, arising from or
growing out of the performance of this contract.
40. PRICE FOR WORK
In consideration of the furnishing of all necessary labor, equipment and material and the completion of all work by
the Contractor, and on the delivery of all materials embraced in this contract in full conformity with the
specifications and stipulations herein contained, the Owner agrees to pay the Contractor the price set forth in the
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 materials and all labor required for the aforesaid work, also, for all expenses
incurred by Contractor and for well and truly performing the same and the whole thereof in the manner and
according to this agreement, the attached specifications, plans, contract documents and requirements of Owner's
Representative.
41. PAYMENTS
No payments made or certificates given shall be considered as conclusive evidence of the performance of the
contract, either wholly or in part, nor shall any certificate or payment be considered as acceptance of defective work.
Contractor shall at any time requested during the progress of the work furnish the Owner or Owner's Representative
with a verifying certificate showing the Contractor's total outstanding indebtedness in connection with the work.
Before final payment is made, Contractor shall satisfy Owner, by affidavit or otherwise, that there are no outstanding
liens against Owner's premises by reason of any work under the contract. Acceptance by Contractor of final
payment of the contract price shall constitute a waiver of all claims against Owner, Owner's agents and employees,
which have not theretofore been timely filed as provided in this contract.
42. PARTIAL PAYMENTS
On or before the tenth day of each month, the Contractor shall submit to Owner's Representative an
application for partial payment or, if the Contractor does not submit such application, the Owner's
Representative shall determine the amount to be partially paid. Owner's Representative shall review said
application for partial payment if submitted, and the progress of the work made by the Contractor and if
found to be in order, shall prepare a certificate for partial payment showing as completely as practical the
total value of the work done by the Contractor up to and including the last day of the preceding month.
The determination of the partial payment by the Owner's Representative shall be in accordance with
Paragraph 14 hereof.
The Owner shall then pay the Contractor on or before the fifteenth day of the current month the total
amount of the Owner's Representative's Certificate of Partial Payment, less:
(i) in the event the total value of the contract is five million dollars or more, 5% of the amount thereof,
which 5% shall be retained until final payment, and further, less all previous payments and all
further sums that may be retained by Owner under the terms of the contract documents; or
(ii) in the event the total value of the contract is less than five million dollars, 10% or less, of the amount
thereof, which percentage shall be retained until final payment, and further, less all previous
payments and all further sums may be retained by Owner under the terms of the contract documents
("Retainage").
If Contractor engages a sub -contractor to perform all or part of Contractor's work under the contract, the
Contractor shall not withhold a greater percentage of Retainage than the percentage set out in in this
section pertaining to the Contractor. Contractor shall likewise require any subcontractor it engages to
comply with section 2252.032 of the Texas Government Code.
Any partial payment made hereunder shall not constitute a waiver by the Owner of any and all other rights
to enforce the express terms of the contract documents, and all remedies provided therein, as to any and
all work performed, to be performed and/or materials delivered hereunder, including, but limited to, work
to which said partial payment is attributable.
43. SUBSTANTIAL COMPLETION
Contractor shall give Owner's Representative written notice of substantial completion. Within fifteen
(15) calendar days after the Contractor has given the Owner's Representative written notice that the work
has been substantially completed, the Owner's Representative and/or the Owner shall inspect the work and
within said time, if the work be found to be substantially completed in accordance with the contract
documents, the Owner's Representative shall issue to the Owner and Contractor a certificate of substantial
completion. The work will be deemed substantially complete when the work (or a specified portion
thereof) has progressed to the point where, in the opinion of the Owner or Owner's Representative, the
work (or a specified portion thereof) is sufficiently complete, in accordance with all the contract
documents, including the Proposal and all applicable technical specifications, so that the work (or a
specified portion thereof) can be utilized for the purposes for which it is intended without unscheduled
disruption. Owner may, in its sole discretion, release all or a portion of the Retainage upon Owner's
receipt of the certificate of substantial completion for all of the work or a specified portion thereof.
Notwithstanding the issuance of a certificate of substantial completion, Contractor shall proceed with
diligence to finally complete the work within the time provided in this contract.
44. FINAL COMPLETION AND PAYMENT
The Contractor shall give written notice to Owner's Representative of final completion. Upon written
notice of final completion, the Owner's Representative shall proceed to make final measurement to
determine whether final completion has occurred. If the Owner's Representative determines final
completion has occurred, Owner's Representative shall so certify to the Owner. Upon certification by
Owner's Representative of final completion, Owner shall pay to the Contractor on or before the 31 st
working day after the date of certification of final completion, the balance due Contractor under the terms
of this agreement. Neither the certification of final completion nor the final payment, nor any provisions
in the contract documents shall relieve the Contractor of the obligation for fulfillment of any warranty
which may be required in the contract documents and/or any warranty or warranties implied by law or
otherwise. Owner may, in its sole discretion, release all or a portion of the Retainage for fully completed
and accepted portions of the work.
Notwithstanding the foregoing, Owner may withhold the Retainage if there is a bona fide dispute between
Owner and Contractor according to section 2252.032(f) of the Texas Government Code.
45. CORRECTION OF WORK
Contractor shall promptly remove from Owner's premises all materials condemned by the Owner's Representative
on account of failure to conform to the contract documents, whether actually incorporated in the work or not, and
Contractor shall at its own expense promptly replace such condemned materials with other materials conforming to
the requirements of the contract documents. Contractor shall also bear the expense of restoring all work of other
contractors damaged by any such removal or replacement. If Contractor does not remove and replace any such
condemned work within a reasonable time but not to exceed 30 days after a written notice by the Owner or the
Owner's Representative, Owner may remove and replace it at Contractor's expense. The Contractor shall pay all
claims, cost, losses, and damages (including but not limited to all fees and charges of the engineers, architects,
attorneys, and other professionals and all court or arbitration or other dispute resolution cost) arising out of or
relating to such correction or removal.
Neither the final payment, nor certification of final completion or substantial completion, nor any provision in the
contract documents shall relieve the Contractor of responsibility for faulty materials or workmanship, and
Contractor shall remedy any defects due thereto and pay for any damage to other work resulting therefrom, which
shall appear within a period of two years from the date of certification of final completion by Owner's
Representative.
46. PAYMENT WITHHELD
The Owner or Owner's Representative may, on account of subsequently discovered evidence, withhold or nullify
the whole or part of any certification to such extent as may be necessary to protect itself from loss on account of -
(a) Defective work not remedied and/or work not performed,
(b) Claims filed or reasonable evidence indicating possible filing of claims,
(c) Damage to another contractor,
(d) Notification to owner of failure to make payments to Subcontractors or Suppliers,
(e) Failure to submit up-to-date record documents as required,
(f) Failure to submit monthly progress schedule updates or revised scheduled as requested by Owner,
(g) Failure to provide Project photographs required by Specifications.
When the above grounds are removed, or the Contractor provides a surety bond satisfactory to the Owner, in the
amount withheld, payment shall be made for amounts withheld because of them.
47. CLAIM OR DISPUTE
It is further agreed by both parties hereto that all questions of dispute or adjustment presented by the Contractor
shall be in writing and filed with the Owner's Representative within fifteen (15) calendar days after the Owner's
Representative has given any direction, order or instruction to which the Contractor desires to take exception.
Timely written notice of dispute as provided in this contract of any decision by Owner's Representative or Owner
shall be a condition precedent to the bringing and/or assertion of any action or claim by Contractor of any right
under this Contract. If the matters set forth in the notice of dispute are not granted or otherwise responded to by
Owner's Representative within fifteen (15) calendar days of receipt of notice of dispute by Owner's Representative,
said objections shall be deemed denied. Any decision by the Owner's Representative, or deemed denial by the
Owner's Representative, shall be final and conclusive in the absence of fraud. It is further agreed that the acceptance
by the Contractor of the final payment shall be a bar to any and all claims of the Contractor, and constitute a waiver
of the right to assert any claim against Owner, Owner's agents and employees and Owner's Representative, by
Contractor.
48. NON-COMPLIANCE AND/OR ABANDONMENT BY CONTRACTOR
In case the Contractor should (1) abandon and fail or refuse to resume work within fifteen (15) calendar days after
written notification from the Owner or the Owner's Representative, or (2) if the Contractor fails to comply with the
written orders of the Owner's Representative, when such orders are consistent with this contract, then the Surety on
the bond shall be notified in writing and directed to complete the work and a copy of said notice shall be delivered
to the Contractor. In the event a bond is not required by law, or otherwise obtained by the Contractor, no further
notice of such non-compliance to Contractor shall be required.
After receiving said notice of abandonment or non-compliance , the Contractor shall not remove from the work any
machinery, equipment, tools, materials or supplies then on the job, but the same, together with any materials and
equipment under the contract for work, may be held for use on the work by the Owner or the Surety of the
Contractor, or another contractor, in completion of the work; and the Contractor shall not receive any rental or credit
therefore (except when used in connection with Extra Work, where credit shall be allowed as provided for under
paragraph 24 of this contract); it being understood that the use of such equipment and materials will ultimately
reduce the cost to complete the work and be reflected in the final settlement.
In the event the Contractor, or Surety, whichever is applicable, should fail to commence compliance with the notice
hereinbefore provided within ten (10) calendar days after service of such notice, and/or shall fail to proceed with
diligence to complete the project as contemplated and in compliance with all terms and provisions of the contract
documents, then the Owner may exercise any and all remedies available to it pursuant to law, contract, equity or
otherwise, including, but not limited to, providing for completion of the work in either of the following elective
manners:
(a) The Owner may employ such force of persons and use of machinery, equipment, tools, materials and
supplies as said Owner may deem necessary to complete the work and charge the expense of such labor,
machinery, equipment, tools, materials and supplies to said Contractor, and the expense so charged shall be
deducted and paid by the Owner out of such moneys as may be due, or that may thereafter at any time
become due to the Contractor under and by virtue of this Agreement. In case such expense is less than the
sum which would have been payable under this contract, if the same had been completed by the Contractor,
then said Contractor shall receive the difference. In case such expense is greater than the sum which would
have been payable under this contract, if the same had been completed by said Contractor, then the
Contractor and/or its Surety shall pay the amount of such excess to the Owner; or
(b) The Owner, under sealed proposals, after notice published as required by law, at least twice in a newspaper
having a general circulation in the County of location of the work, may let the contract for the completion
of the work under substantially the same terms and conditions which are provided in this contract. In case
of any increase in cost to the Owner under the new contract as compared to what would have been the cost
under this contract, such increase shall be charged to the Contractor and the Surety shall be and remain
bound therefore. Should the cost to complete any such new contract prove to be less than that which would
have been the cost to complete the work under this contract, the Contractor or his Surety shall be credited
therewith.
In the event the Owner's Representative elects to complete the work, as described above, when the work shall have
been finally completed, the Contractor and his Surety shall be so notified and certification of completion as provided
in paragraph 44 hereinaeove set forth, shall be issued. A complete itemized statement of the contract accounts,
certified to by Owner's Representative as being correct shall then be prepared and delivered to Contractor and his
Surety, if applicable, whereon the Contractor or his Surety, or the Owner as the case may be, shall pay the balance
due as reflected by said statement within 30 days after the date of certification of completion.
In the event the statement of accounts shows that the cost to complete the work is less than that which would have
been the cost to the Owner had the work been completed by the Contractor under the terms of this contract, or when
the Contractor and/or his Surety, if applicable, shall pay the balance shown to be due by them to the Owner, then
all machinery, equipment, tools, materials or supplies left on the site of the work shall be turned over to the
Contractor and/or his Surety, if applicable. Should the cost to complete the work exceed the contract price, and the
Contractor and/or his Surety, if applicable, fail to pay the amount due the Owner within the time designated
hereinabove, and there remains any machinery, equipment, tools, materials or supplies on the site of the work,
notice thereof, together with an itemized list of such equipment and materials shall be mailed to the Contractor and
his Surety, if applicable, at the respective addresses designated in this contract; provided, however, that actual
written notice given in any manner will satisfy this condition. After mailing, or other giving of such notice, such
property shall be held at the risk of the Contractor and his Surety, if applicable, subject only to the duty of the Owner
to exercise ordinary care to protect such property. After fifteen (15) calendar days from the date of said notice the
Owner may sell such machinery, equipment, tools, materials or supplies and apply the net sum derived from such
sale to the credit of the Contractor and his Surety, if applicable. Such sale may be made at either public or private
sale, with or without notice, as the Owner may elect. The Owner shall release any machinery, equipment, tools,
materials, or supplies that remain on the jobsite and belong to persons other than the Contractor or his Surety, if
applicable, to their proper owners.
The remedies provided to Owner by law, equity, contract, or otherwise, shall be cumulative, to the extent permitted
by law. It is expressly agreed and understood that the exercise by Owner of the remedies provided in this paragraph
shall not constitute an election of remedies on the part of Owner, and Owner, irrespective of its exercise of remedies
hereunder, shall be entitled to exercise concurrently or otherwise, any and all other remedies available to it, by law,
equity, contract or otherwise, including but not limited to, liquidated damages, as provided in paragraph 34,
hereinabove set forth.
49. LIMITATION ON CONTRACTOR'S REMEDY
The remedies of Contractor hereunder shall be limited to, and Owner shall be liable only for, work actually
performed by Contractor and/or its subcontractors as set forth in the contract documents, and Owner shall not be
liable for any consequential, punitive or indirect loss or damage that Contractor may suffer in connection with the
project which is the subject matter of this contract.
50. BONDS
The Contractor is required to furnish a performance bond in accordance with Chapter 2253, Government Code, in
the amount of 100% of the total contract price in the event that said contract price exceeds $100,000 and the
Contractor is required to furnish a payment bond in accordance with Chapter 2253, Government Code, in the amount
of 100% of the total contract price in the event that said contract price exceeds $50,000. All bonds shall be submitted
on forms supplied by the Owner, and executed by a Surety Company listed on the State Treasury's "Approved" list
and authorized to do business in the State of Texas. It is further agreed that this contract shall not be in effect until
such bonds are so furnished.
51. SPECIAL CONDITIONS
In the event special conditions are contained herein as part of the contract documents and said special conditions
conflict with any of the general conditions contained in this contract, then in such event the special conditions shall
control.
52. LOSS OR EXPENSE DUE TO UNUSUAL OR UNANTICIPATED CIRCUMSTANCES
Unless otherwise specified herein, all loss, expense or damage to the Contractor arising out of the nature of the
work to be done, or from the action of the elements, or from any unforeseen circumstance or from unusual
obstructions or difficulties, naturally occurring, man made or otherwise, which may be encountered in the
prosecution of the work, shall be sustained and borne by the Contractor at his own cost and expense.
53. INDEPENDENT CONTRACTOR
Contractor is, and shall remain, an independent contractor with full, complete and exclusive power and authority to
direct, supervise, and control its own employees and to determine the method of the performance of the work
covered hereby. The fact that the Owner or Owner's Representative shall have the right to observe Contractor's
work during Contractor's performance and to carry out the other prerogatives which are expressly reserved to and
vested in the Owner or Owner's Representative hereunder, is not intended to and shall not at any time change or
effect the status of the Contractor as an independent contractor with respect to either the Owner or Owner's
Representative or to the Contractor's own employees or to any other person, firm, or corporation.
54. CLEANING UP
The Contractor shall at all times keep the premises free from accumulation of debris caused by the work, and at the
completion of the work Contractor shall remove all such debris and also its tools, scaffolding, and surplus materials
and shall leave the work room clean or its equivalent. The work shall be left in good order and condition. In case
of dispute Owner may remove the debris and charge the cost to the Contractor.
55. HAZARDOUS SUBSTANCES AND ASBESTOS
Hazardous Substances (herein so called), as defined in the Comprehensive Environmental Response,
Compensation, and Liability Act (42 U.S.C.S. §9601(14)) and the regulations promulgated thereunder, as same may
be amended from time to time, hydrocarbons or other petroleum products or byproducts and/or asbestos, in any
form, shall not (i) be utilized, in any way, manner or form, in the construction of, or incorporation into, the Project;
or (ii) be brought upon, placed, or located, by any party, on the Project site, or any other property of the City, without
the written consent of the Owner's Representative. If Contractor believes that the utilization of a Hazardous
Substance, hydrocarbons or other petroleum products or byproducts and/or asbestos is necessary in the construction
of the Project, or that it is necessary to place and/or otherwise locate upon the site of the Project or other property
of the City, a Hazardous Substance, hydrocarbons or other petroleum products or byproducts and/or asbestos,
Contractor shall notify the Owner's Representative, and request consent therefrom, at least twenty (20) days prior
to such action. Owner's Representative may grant or deny the request of Contractor and provide whatever
requirements such consent, if granted, is conditioned upon, in its sole and absolute discretion. If the request of
Contractor is not granted, or otherwise not responded to, by Owner's Representative within five (5) days of the
receipt of said request, said request shall be deemed to be denied.
In the event Owner's Representative shall consent to the request of Contractor, Contractor shall be responsible for
ensuring that all personnel involved in the Project are (i) trained for the level of expertise required for proper
performance of the actions contemplated by this Contract and, in particular, in all aspects of handling, storage,
disposal and exposure of Hazardous Substances, hydrocarbons or other petroleum products or byproducts and/or
asbestos; and (ii) are provided and utilize all protective equipment, including without limitation, personal protective
gear, necessary to provide protection from exposure to Hazardous Substances, hydrocarbons or other petroleum
products or byproducts and/or asbestos.
56. NONAPPROPRIATION
All funds for payment by the City under this contract are subject to the availability of an annual appropriation for
this purpose by the City. In the event of non -appropriation of funds by the City Council of the City of Lubbock for
the goods or services provided under the contract, the City will terminate the contract, without termination charge
or other liability, on the last day of the then -current fiscal year or when the appropriation made for the then -current
year for the goods or services covered by this contract is spent, whichever event occurs first. If at any time funds
are not appropriated for the continuance of this contract, cancellation shall be accepted by the Seller on thirty (30)
days prior written notice, but failure to give such notice shall be of no effect and the City shall not be obligated
under this contract beyond the date of termination.
57. THE CITY RIGHT TO AUDIT
At any time during the term of this Contract and for a period of four (4) years thereafter the City or a duly authorized
audit representative of the City, or the State of Texas, at its expense and at reasonable times, reserves the right to
audit Contractor's records and books relevant to all services provided under this Contract. In the event such an audit
by the City reveals any errors/overpayments by the City, Contractor shall refund the City the full amount of such
overpayments within thirty (30) days of such audit findings, or the City, at its option, reserves the right to deduct
such amounts owing the City from any payments due Contractor.
58. NON -ARBITRATION
The City reserves the right to exercise any right or remedy available to it by law, contract, equity, or otherwise,
including without limitation, the right to seek any and all forms of relief in a court of competent jurisdiction.
Further, the City shall not be subject to any arbitration process prior to exercising its unrestricted right to seek
judicial remedy. The remedies set forth herein are cumulative and not exclusive, and may be exercised concurrently.
To the extent of any conflict between this provision and another provision in, or related to, this document, this
provision shall control.
59. CONTRACTOR ACKNOWLEDGES
Contractor acknowledges by supplying any Goods or Services that the Contractor has read, fully understands, and
will be in full compliance with all terms and conditions and the descriptive material contained herein and any
additional associated documents and Amendments. The City disclaims any terms and conditions provided by the
Contractor unless agreed upon in writing by the parties. In the event of conflict between these terms and conditions
and any terms and conditions provided by the Contractor, the terms and conditions provided herein shall prevail.
The terms and conditions provided herein are the final terms agreed upon by the parties, and any prior conflicting
terms shall be of no force or effect.
60. LABOR CODE CHAPTER 214
Sec. 214.008. MISCLASSIFICATION OF CERTAIN WORKERS; PENALTY. (a) A person who
contracts with a governmental entity to provide a service as defined by Section 2155.001, Government
Code, shall properly classify, as an employee or independent contractor in accordance with Chapter 201,
any individual the person directly retains and compensates for services performed in connection with the
contract. (b) In this subsection, "subcontractor" means a person directly retained and compensated by a
person who contracts with a governmental entity to provide a service as defined by Section 2155.001,
Government Code. A subcontractor shall properly classify, as an employee or independent contractor in
accordance with Chapter 201, any individual the subcontractor directly retains and compensates for
services performed in connection with the contract for which the subcontractor is retained. (c) A person
who fails to properly classify an individual as required by Subsection (a) or (b) shall pay to the commission
a penalty equal to $200 for each individual that the person has not properly classified. (d) The commission
may not take action to collect a penalty under this section from a person after the third anniversary of the
date on which the violation occurred.
61. CERTIFICATE OF INTERESTED PARTIES
House Bill 1295, adopted by the 84th Legislature, created §2252.908, Texas Government Code. Section 2252.908
requires a business entity entering into certain contracts with a governmental entity or state agency to file with the
governmental entity or state agency a disclosure of interested parties at the time the business entity submits the
signed contract to the governmental entity or state agency. Section 2252.908 requires the disclosure form to be
signed by the authorized agent of the contracting business entity, acknowledging that the disclosure is made under
oath and under penalty of perjury. Section 2252.908 applies only to a contract that requires an action or vote by the
governing body of the governmental entity or state agency before the contract may be signed or has a value of at
least $1 million. Instructions for completing Form 1295 are available at:
https:Hci.lubbock.tx.us/departments/purchasing/vendor-information
62. TEXAS GOVERNMENT CODE SECTION 2252.152
Contracts with Companies Engaged in Business with Iran, Sudan, or Foreign Terrorist Organization
Prohibited. Pursuant to Section 2252.152 of the Texas Government Code, prohibits the City from
entering into a contract with a vendor that is identified by The Comptroller as a company known to have
contracts with or provide supplies or service with Iran, Sudan or a foreign terrorist organization.
63. TEXAS GOVERNMENT CODE SECTION 2271.002
Pursuant to Section 2271.002 of the Texas Government Code, a) This section applies only to a contract
that: (1) is between a governmental entity and a company with 10 or more full-time employees; and (2)
has a value of $100,000 or more that is to be paid wholly or partly from public funds of the governmental
entity. (b) A governmental entity may not enter into a contract with a company for goods or services unless
the contract contains a written verification from the company that it: (1) does not boycott Israel; and (2)
will not boycott Israel during the term of the contract.
64. CONTRACTOR ACKNOWLEDGES
Contractor Acknowledges by supplying any Goods or Services that the Contractor has read, fully
understands, and will be in full compliance with all terms and conditions and the descriptive material
contained herein and any additional associated documents and Amendments. The City disclaims any terms
and conditions provided by the Contractor unless agreed upon in writing by the parties. In the event of
conflict between these terms and conditions and any terms and conditions provided by the Contractor, the
terms and conditions provided herein shall prevail. The terms and conditions provided herein are the final
terms agreed upon by the parties, and any prior conflicting terms shall be of no force or effect.
65. TEXAS PUBLIC INFORMATION ACT
The requirements of Subchapter J, Chapter 552, Government Code, may apply to this contract and the
contractor or vendor agrees that the contract can be terminated if the contractor or vendor knowingly or
intentionally fails to comply with a requirement of that subchapter. To the extent Subchapter J, Chapter
552, Government Code applies to this agreement, Contractor agrees to: (1) preserve all contracting
information related to the contract as provided by the records retention requirements applicable to the
governmental body for the duration of the contract; (2) promptly provide to the governmental body any
contracting information related to the contract that is in the custody or possession of the entity on request
of the governmental body; and (3) on completion of the contract, either: (A) provide at no cost to the
governmental body all contracting information related to the contract that is in the custody or possession
of the entity; or (B) preserve the contracting information related to the contract as provided by the records
retention requirements applicable to the governmental body.
66. CONFIDENTIALITY
The Contractor shall retain all information received from or concerning the City and the City's business
in strictest confidence and shall not reveal such information to third parties without prior written consent
of the City, unless otherwise required by law.
67. INDEMNITY
The Contractor shall indemnify and save harmless the city of Lubbock and its elected officials, officers,
agents, and employees from all suits, actions, losses, damages, claims, or liability of any kind, character,
type, or description, including without limiting the generality of the foregoing, all expenses of litigation,
court costs, and attorney's fees, for injury or death to any person, or injury to any property, received or
sustained by any person or persons or property, to the extent arising out of, related to or occasioned by,
the negligent acts of the Contractor, its agents, employees, and/or subcontractors, related to the
performance, operations or omissions under this agreement and/or the use or occupation of city owned
property. The indemnity obligation provided herein shall survive the expiration or termination of this
agreement.
68. PROFESSIONAL RESPONSIBILITY
All architectural or engineering services to be performed shall be done with the professional skill and
care ordinarily provided by competent architects or engineers practicing under the same or similar
circumstances and professional license.
69. TEXAS SENATE BILL 219 SUBCHAPTER B ITEMS B AND C
(b) A contractor must, within a reasonable time of learning of a defect, inaccuracy, inadequacy, or
insufficiency in the plans, specifications, or other design documents, disclose in writing to the person
with whom the contractor enters into a contract the existence of any known defect in the plans,
specifications, or other design documents that is discovered by the contractor, or that reasonably should
have been discovered by the contractor using diligence, before or during construction. In this subsection,
ordinary diligence means the observations of the plans, specifications, or other design documents or the
improvement to real property that a contractor would make in the reasonable preparation of a bid or
fulfillment of its scope of work under normal circumstances. Ordinary diligence does not require that the
contractor engage a person licensed or registered under Title 6, Occupations Code, or any other person
with specialized skills. A disclosure under this subsection is made in the contractor's capacity as
contractor and not as a licensed professional under Title 6, Occupations Code.
(c) A contractor who fails to disclose a defect as required by Subsection (b) may be liable for the
consequences of defects that result from the failure to disclose.
DAVIS BACON WAGE DETERMINATIONS
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EXHIBIT A
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"General Decision Number: TX20220002 02/25/2022
Superseded General Decision Number: TX20210002
State: Texas
Construction Types: Heavy and Highway
Counties: Armstrong, Carson, Crosby, Ector, Irion, Lubbock,
Midland, Potter, Randall, Taylor and Tom Green Counties in Texas.
HEAVY & HIGHWAY CONSTRUCTION PROJECTS
Note: Contracts subject to the Davis -Bacon Act are generally
required to pay at least the applicable minimum wage rate
required under Executive Order 14026 or Executive Order 13658.
Please note that these Executive Orders apply to covered
contracts entered into by the federal government that are
subject to the Davis -Bacon Act itself, but do not apply to
contracts subject only to the Davis -Bacon Related Acts,
including those set forth at 29 CFR 5.1(a)(2)-(60).
JIf the contract is entered �.
into on or after January 30,
12022, or the contract is
renewed or extended (e.g., an �.
loption is exercised) on or
after January 30, 2022:
1
1
1
1
1
1
1 I_
1If the contract was awarded onl.
for between January 1, 2015 andl
January 29, 2022, and the
contract is not renewed or �.
lextended on or after January
130, 2022: 1
1 1
1 1
1 1
1 1
1 1
1 I_
Executive Order 14026
generally applies to the
contract.
The contractor must pay
all covered workers at
least $15.00 per hour (or
the applicable wage rate
listed on this wage
determination, if it is
higher) for all hours
spent performing on the
contract in 2022.
Executive Order 13658
generally applies to the
contract.
The contractor must pay alll
covered workers at least
$11.25 per hour (or the
applicable wage rate listed)
on this wage determination,1
if it is higher) for all
hours spent performing on
that contract in 2022.
The applicable Executive Order minimum wage rate will be
adjusted annually. If this contract is covered by one of the
Executive Orders and a classification considered necessary for
performance of work on the contract does not appear on this
wage determination, the contractor must still submit a
conformance request.
Additional information on contractor requirements and worker
protections under the Executive Orders is available at
https://www.dol.gov/agencies/whd/government-contracts.
Modification Number Publication Date
0 01/07/2022
1 02/25/2022
* SUTX2011-002 08/02/2011
Rates Fringes
CEMENT MASON/CONCRETE
FINISHER (Paving & Structures) ... $ 13.55 **
ELECTRICIAN ......................$ 20.96
FORM BUILDER/FORM SETTER
Paving & Curb ...............$ 12.36 **
Structures ..................$ 13.52 **
LABORER
Asphalt Raker ...............$ 12.28 **
Flagger.....................$ 9.30 **
Laborer, Common .............$ 10.30 **
Laborer, Utility ............ $ 11.80 **
Work Zone Barricade
Servicer....................$ 10.30 **
POWER EQUIPMENT OPERATOR:
Asphalt Distributer ......... $ 14.87 **
Asphalt Paving Machine ...... $ 13.40 **
Broom and Sweeper ........... $ 11.21 **
Crane, Lattice Boom 80
Tons or Less ................$ 16.82
Crawler Tractor Operator .... $ 13.96 **
Excavator, 50,000 lbs or
less ........................$ 13.46 **
Front End Loader Operator,
Over 3 CY...................$ 12.77 **
Front End Loader, 3CY or
less ........................$ 12.28 **
Loader/Backhoe..............$ 14.18 **
Mechanic ....................$ 20.14
Milling Machine .............$ 15.54
Motor Grader, Rough ........ $ 16.15
Motor Grader, Fine .......... $ 17.49
Pavement Marking Machine .... $ 16.42
Reclaimer/Pulverizer........ $ 12.85 **
Roller, Asphalt .............$ 10.95 **
Roller, Other ...............$ 10.36 **
Scraper .....................$ 10.61 **
Spreader Box ................$ 12.60 **
Servicer .........................$ 13.98 **
Steel Worker (Reinforcing) ....... $ 13.50 **
TRUCK DRIVER
Lowboy -Float ................$ 14.46 **
Single Axle .................$ 12.74 **
Single or Tandem Axle Dump..$ 11.33 **
Tandem Axle Tractor with
Semi ........................$ 12.49 **
----------------------------------------------------------------
WELDERS - Receive rate prescribed for craft performing
operation to which welding is incidental.
----------------------------------------------------------------
----------------------------------------------------------------
** Workers in this classification may be entitled to a higher
minimum wage under Executive Order 14026 ($15.00) or 13658
($11.25). Please see the Note at the top of the wage
determination for more information.
Note: Executive Order (ED) 13706, Establishing Paid Sick Leave
for Federal Contractors applies to all contracts subject to the
Davis -Bacon Act for which the contract is awarded (and any
solicitation was issued) on or after January 1, 2017. If this
contract is covered by the ED, the contractor must provide
employees with 1 hour of paid sick leave for every 30 hours
they work, up to 56 hours of paid sick leave each year.
Employees must be permitted to use paid sick leave for their
own illness, injury or other health -related needs, including
preventive care; to assist a family member (or person who is
like family to the employee) who is ill, injured, or has other
health -related needs, including preventive care; or for reasons
resulting from, or to assist a family member (or person who is
like family to the employee) who is a victim of, domestic
violence, sexual assault, or stalking. Additional information
on contractor requirements and worker protections under the EO
is available at
https://www.dol.gov/agencies/whd/government-contracts.
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
(29CFR 5.5 (a) (1) (ii)).
The body of each wage determination lists the classification
and wage rates that have been found to be prevailing for the
cited type(s) of construction in the area covered by the wage
determination. The classifications are listed in alphabetical
order of ""identifiers"" that indicate whether the particular
rate is a union rate (current union negotiated rate for local),
a survey rate (weighted average rate) or a union average rate
(weighted union average rate).
Union Rate Identifiers
A four letter classification abbreviation identifier enclosed
in dotted lines beginning with characters other than ""SU"" or
""UAVG'" denotes that the union classification and rate were
prevailing for that classification in the survey. Example:
PLUM0198-005 07/01/2014. PLUM is an abbreviation identifier of
the union which prevailed in the survey for this
classification, which in this example would be Plumbers. 0198
indicates the local union number or district council number
where applicable, i.e., Plumbers Local 0198. The next number,
005 in the example, is an internal number used in processing
the wage determination. 07/01/2014 is the effective date of the
most current negotiated rate, which in this example is July 1,
2014.
Union prevailing wage rates are updated to reflect all rate
changes in the collective bargaining agreement (CBA) governing
this classification and rate.
Survey Rate Identifiers
Classifications listed under the ""SU"" identifier indicate that
no one rate prevailed for this classification in the survey and
the published rate is derived by computing a weighted average
rate based on all the rates reported in the survey for that
classification. As this weighted average rate includes all
rates reported in the survey, it may include both union and
non -union rates. Example: SULA2012-007 5/13/2014. SU indicates
the rates are survey rates based on a weighted average
calculation of rates and are not majority rates. LA indicates
the State of Louisiana. 2012 is the year of survey on which
these classifications and rates are based. The next number, 007
in the example, is an internal number used in producing the
wage determination. 5/13/2014 indicates the survey completion
date for the classifications and rates under that identifier.
Survey wage rates are not updated and remain in effect until a
new survey is conducted.
Union Average Rate Identifiers
Classification(s) listed under the UAVG identifier indicate
that no single majority rate prevailed for those
classifications; however, 100% of the data reported for the
classifications was union data. EXAMPLE: UAVG-OH-0010
08/29/2014. UAVG indicates that the rate is a weighted union
average rate. OH indicates the state. The next number, 0010 in
the example, is an internal number used in producing the wage
determination. 08/29/2014 indicates the survey completion date
for the classifications and rates under that identifier.
A UAVG rate will be updated once a year, usually in January of
each year, to reflect a weighted average of the current
negotiated/CBA rate of the union locals from which the rate is
based.
WAGE DETERMINATION APPEALS PROCESS
1.) Has there been an initial decision in the matter? This can
be:
* an existing published wage determination
* a survey underlying a wage determination
* a Wage and Hour Division letter setting forth a position on
a wage determination matter
* a conformance (additional classification and rate) ruling
On survey related matters, initial contact, including requests
for summaries of surveys, should be with the Wage and Hour
National Office because National Office has responsibility for
the Davis -Bacon survey program. If the response from this
initial contact is not satisfactory, then the process described
in 2.) and 3.) should be followed.
With regard to any other matter not yet ripe for the formal
process described here, initial contact should be with the
Branch of Construction Wage Determinations. Write to:
Branch of Construction Wage Determinations
Wage and Hour Division
U.S. Department of Labor
200 Constitution Avenue, N.W.
Washington, DC 20210
2.) If the answer to the question in 1.) is yes, then an
interested party (those affected by the action) can request
review and reconsideration from the Wage and Hour Administrator
(See 29 CFR Part 1.8 and 29 CFR Part 7). Write to:
Wage and Hour Administrator
U.S. Department of Labor
200 Constitution Avenue, N.W.
Washington, DC 20210
The request should be accompanied by a full statement of the
interested party's position and by any information (wage
payment data, project description, area practice material,
etc.) that the requestor considers relevant to the issue.
3.) If the decision of the Administrator is not favorable, an
interested party may appeal directly to the Administrative
Review Board (formerly the Wage Appeals Board). Write to:
Administrative Review Board
U.S. Department of Labor
200 Constitution Avenue, N.W.
Washington, DC 20210
4.) All decisions by the Administrative Review Board are final.
END OF GENERAL DECISIO"
EXHIBITS B & C
City of Lubbock
Overtime
Legal Holiday
Prevailing Wage Rates
The rate for overtime (in excess of forty hours per week) shall be as required by the Fair Labor
Standards Act.
The rate for legal holidays shall be as required by the Fair Labor Standards Act.
Page Intentionally Left Blank
SPECIFICATIONS
Page Intentionally Left Blank
u
bboc
k
TEXAS
UNPAVED ROADS
IMPROVEMENTS C.O.
PHASE 2 PROJECT
OF
11
1 Z4LTAN FEKETE r
95663
�'�••�E'NSE••���r
O A L
10103/2022
TECHNICAL SPECIFICATIONS
OCTOBER 2022
UNPAVED ROADS IMPROVEMENTS C.O. PHASE 2
TABLE OF CONTENTS
DIVISION 1- GENERAL REQUIREMENTS
01010
Summary of Work..................................................................................................................... 4
01020
Measurement and Payment.............................................................................................................4
01027
Application for Payment.................................................................................................................2
01028
Change Order Procedures.......................................................................................................... 3
01039
Coordination and Meetings....................................................................................................... 2
01140
Work Restrictions...................................................................................................................... 3
01310
Progress Schedules.................................................................................................................... 2
01322
Photographic Documentation.................................................................................................... 2
01330
Submittal Procedures................................................................................................................. 6
01356
Storm Water Pollution Prevention Plan..................................................................................... 4
01400
Quality Requirements................................................................................................................ 5
01555
Barricades, Signs and Traffic Handling.................................................................................... 1
01576
Waste Material Disposal............................................................................................................ 2
01600
Product Requirements............................................................................................................... 3
01700
Contract Closeout...................................................................................................................... 3
P AiAR111XI� ►iit
02050
Removal, Demolition and Salvage............................................................................................ 4
02221
Removing Existing Pavements.................................................................................................. 2
02240
Dewatering................................................................................................................................ 4
02260
Excavation Support and Protection........................................................................................... 3
02300
Earthwork..................................................................................................................................7
111 TAR1 1XISLIKK1X►1y 7 31 N �I
03300 Cast in Place Concrete............................................................................................................. 13
REFERENCES
City of Lubbock Public Works Engineering Minimum Design Standards and Specifications.
October 2022 TABLE OF CONTENTS TC - 1
UNPAVED ROADS IMPROVEMENTS C.O. PHASE 2
SECTION 01010
SUMMARY OF WORK
PART 1- GENERAL
1.1 SUMMARY
A. This section covers the description of the Work to be completed under these Specifications.
B. The OWNER is the City of Lubbock.
(1) Owner's Representative:
Josh Kristinek, P.E., Assistant City Engineer
(806) 775-3397
(2) Project Manager:
Zoltan Fekete, P.E., Senior Civil Engineer
(806)775-3397
C. Section includes:
(1) Definitions
(2) Project description
(3) Permits and licenses
(4) Access to site
(5) Contractor's use of the premises
(6) Project schedule
(7) Security Procedures
(8) Coordination requirements
(9) Pre -construction meeting
(10) Warranty
12 DEFINITIONS
A. Furnish: To supply products to the project site, including delivering ready for unloading and
replacing damaged and rejected products.
B. Install: To put products in place in the work ready for the intended use, including unloading,
unpacking, handling, storing, assembling, installing, erecting, placing, applying, anchoring,
working, finishing, curing, protecting, cleaning, and similar operations.
C. Provide: To furnish and install products.
D. Indicated: Shown, noted, scheduled, specified, or drawn, somewhere in the contract
October 2022 SUMMARY OF WORK 01010 - 3
UNPAVED ROADS IMPROVEMENTS C.O. PHASE 2
documents.
13 PROJECT DESCRIPTION
A. The purpose of this project is to improve existing unpaved roads with asphalt pavement,
curb and gutter throughout various locations around the City. Base bids roads to be paved are
certain segments of N. Raleigh Ave, 25t1i Street, E. 47t' Street, E. 60' Street, Redwood Ave,
N. Tulip Ave, N. Turmeric Ave, E. Rice Street, E. Broadway Ave, Keel Ave, Magnolia Ave,
E. 74th Street, N. Zenith Ave, Kapok Ave. Alternate bid will cover paving of Ash Ave at 66'
Street.
B. Major work items are:
(1) Installation of approximately 35,000 square yards of COL Type C asphalt pavement,
(2) approximately 19,000 linear feet of curb and gutter,
(3) 2,300 square yards of concrete valley gutters, fillets, and driveways.
C. The Contractor shall furnish all labor, equipment, and materials required for the complete
construction of the work as shown on the drawings and specified herein.
D. All work shall be performed in accordance with the most recent City of Lubbock Engineering
Minimum Design Standards and Specifications
1.4 Work shall also include restoration or replacement of all removed or damaged pavement, curb,
sidewalk, gutter, shrubbery, fence, sod or other disturbed surfaces or structures in a condition
equal to that before the work began to the satisfaction of the Engineer.
15 PERMITS AND LICENSES
A. Contractor shall provide qualifications to the Owner upon request to display evidence of
competency and authority to perform required work.
B. Contractor shall be responsible for obtaining all required permits.
C. Contractor shall submit copies of all permits, licenses, and similar permissions obtained, and
receipts for fees paid, to the Owner.
1.6 ACCESS TO SITES
A. Contractor shall limit access to the site to authorized personnel only.
B. Contractor shall adequately barricaded open excavations and construction material and
equipment as to prevent unauthorized personnel from accessing.
October 2022 SUMMARY OF WORK 01010 - 4
UNPAVED ROADS IMPROVEMENTS C.O. PHASE 2
C. The Owner shall locate and designate all manhole access points open and accessible for the
work, and provide rights of access to these points.
D. Contractor shall coordinate with the City Solid Waste Services to maintain trash pickup
schedules when working with in the alley right of way.
1.7 CONTRACTOR'S USE OF THE PREMISES
A. The space available to the Contractor for the performance of the work, either exclusively or
in conjunction with others performing other construction as part of the project, is restricted to
the area shown on the site plan of the contract drawings unless the Contractor makes
arrangements to use additional space with the Owner.
B. The contractor shall ensure that any disturbed area is left in a condition equal to or better
condition before finishing construction in the area.
1.8 PROJECT SCHEDULE
A. The Work summarized above shall be substantially completed within 335 calendar days
from the date of the Notice to Proceed.
B. There will be a $300 per day liquidated damages for each day that exceeds the
additional 30 day limit for final completion.
C. Within five (5) business days after the date of the Substantial Completion Certificate, the
Engineer shall issue a Final Punch List of items to be corrected prior to Final Completion.
D. Punch list items shall be complete within 30 calendar days from the date of the Final Punch
List. There shall be $200 per day liquidated damages assessed for each day that exceeds the
30 day limit.
PART 2 - PRODUCTS
Not used.
PART 3 - EXECUTION
3.1 SECURITY PROCEDURES
A. Contractor shall limit access to the site to persons involved in the work.
B. Contractor shall provide secure storage for materials for which the owner has made payments
and which are stored on site.
C. Contractor shall secure completed work as required to prevent loss or damage.
D. Contractor shall secure sites by means of fencing, security guards, or other means to prevent
damage, theft, safety hazards, or other problems on the site.
October 2022 SUMMARY OF WORK 01010 - 5
UNPAVED ROADS IMPROVEMENTS C.O. PHASE 2
E. The use of security personnel shall be cleared with the Owner.
32- COORDINATION REQUIREMENTS
A. Contractor shall inform the Owner when coordination of the work is required.
B. If necessary, inform each party involved, in writing, of procedures required for coordination;
include requirements for giving notice, submitting reports, and attending meetings.
C. Coordinate shop drawings prepared by separate entities.
D. Show installation sequence when necessary for proper installation.
33 PRE -CONSTRUCTION MEETING
A. A pre -construction meeting will be held at City Hall within ten (10) days of the date ofNotice
to Proceed and prior to any construction taking place.
3.4 WARRANTY
A. Contractor shall warrant 100% of the project for two (2) years after the date of substantial
acceptance of the work.
B. On the twenty-third (23) month from the date of final acceptance, an Owner's representative
will schedule an inspection with the presence of the Contractor to inspect for defects and
assessment of the work performed.
C. Any work that is considered defective by the Owner's representative will be repaired.
D. The Contractor shall remedy any defects in workmanship, and pay for any and all damages of
any nature whatsoever resulting in defects at no cost to the Owner.
END OF SECTION
October 2022 SUMMARY OF WORK 01010 - 6
UNPAVED ROADS IMPROVEMENTS C.O. PHASE 2
SECTION 01020
MEASUREMENT AND PAYMENT
PART 1- GENERAL
1.1 SCOPE
A. The following sections shall be used to define measurements and payments for this project.
The unit price bid on each item as stated in the bid proposal shall include furnishing all labor,
superintendence, machinery, equipment, and materials except as otherwise specified, necessary
or incidental to complete the various items of work in accordance with the plans and
specifications. Cost of work or materials shown on the plans or called for in the specifications
and on which no separate payment is made shall be included in the bid prices on the various
pay items. Payment will not be made for any item that is not complete, including all associated
incidental work. Only those items indicated on bid documents and plan sheets will be included
for construction and payment.
12 MOBILIZATION
A. The cost for mobilization shall be limited to no more than 5% of the Contract amount for
construction items (materials and labor) bid for this project.
B. Mobilization shall include costs associated with move -in related equipment and labor, bid
bond, performance and construction bonds and insurance related for this project. This would
include the establishment and removal of offices, plants and facilities, movement of personnel,
equipment, and supplies to and from the project or the vicinity of the project site to begin work
or complete work on Contract Items. This Item will be measured by the lump sum as the work
progresses.
C. Payment. Partial payments of the lump sum bid for mobilization will be as follows. The
adjusted Contract amount for construction Items as used below is defined as the total Contract
amount less the lump sum for mobilization.
(1) The project has Five (5) major locations, Avenue D, 74th Street, 13th Street, Avenue Q, and
Locust Avenue. Once the contractor has fully mobilize and work has been started at each
location, 20% of the mobilization lump sum bid will be paid per location.
13 STORM WATER POLLUTION PREVENTION PLAN
Payment will be made on a lump sum basis for the Storm Water Pollution Prevention Plan.
Partial payment will be made on a pro-rata basis as a percentage of the construction contract
duration. The sum of the partial payments made for storm water pollution prevention shall not
exceed 90% of the lump sum price bid for storm water pollution prevention prior to the
termination of the construction contract. No partial payment will be made for partial storm
water pollution prevention measures. Payment shall not be made for this item where the Owner
determines a lack of evidence that storm water pollution prevention measures were used, or
that the measures installed do not meet the requirements of the plan. No additional payments
will be allowed where storm water pollution prevention is required because of work being
remedied due to not meeting the requirements of the plans and specifications. The unit price
bid shall include furnishing and installing all materials, filing Notice of Intent/Termination
forms, inspections, maintenance, silt fences, hay bales, sand bags, diversion swales and any
other measure and/or incidentals required for compliance with NPDES Permit.
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1.4 PREPARING OF RIGHT-OF-WAY
A. Measurement will be made on the 100-foot centerline stations. Payment will be made at the
unit price bid per centerline station of right-of-way preparation. The unit price shall include
labor, equipment, and incidentals necessary to clear, grub and remove all items that are in
conflict with proposed improvements that are not called out to remain and are not included in
the bid items. This work shall include, but not limited to, removal of landscaping features, trees,
stumps, bushes, vegetation, roots, shrubs, edging, fences, miscellaneous stone, existing utilities
to be abandoned, relocation of mailboxes, etc. No separate payment will be made for disposing
of excess material. Any existing improvement shown to remain on the plans, which is damaged
or destroyed by these operations, shall be replaced at the contractor's expense. All work shall
be performed in accordance to City of Lubbock Minimum Design Standards and Specifications
and TxDOT Specification Item 100.
15 ASPHALT REMOVAL
A. Measurement will be made of the area, in square yards, of existing pavement structure asphalt
actually removed. Existing pavement structure will be considered all layers of material between
existing roadway surface and top of existing subgrade. Payment will be made at the unit price
bid per square yard of existing asphalt pavement structure removed. The Contractor shall
ensure that the Owner has the opportunity to measure the square yards of pavement surface
prior to removal. If pavement surface is removed without measurement by the Owner, no
payment will be made for that removal. The unit price bid shall include sawing, separating for
salvage, legal disposal, labor and equipment, and any incidental asphalt paving repair.
1.6 CONCRETE REMOVAL
A. Measurement will be made of the area, in square yards, of existing concrete pavement, valley
gutters, foundations, sidewalks, driveways, curb and gutter and other appurtenances actually
removed. Existing concrete pavement and valley gutters will be considered all layers of
material between existing roadway surface and top of existing subgrade. Payment will be made
at the unit price bid per square yard of concrete removed. The contractor shall ensure that the
Owner has the opportunity to measure the square yards of concrete prior to removal. If concrete
is removed without measurement by the Owner, no payment will be made for that removal.
The unit price bid shall include sawing, separating for salvage, legal disposal, labor and
equipment, and any incidental concrete repair.
B. Removal and relocation of miscellaneous items such as street signs as indicated on the plans
shall be considered subsidiary to this item and will not be paid for directly.
1.7 24" COL TYPE A CURB AND GUTTER
A. Measurement will be made of the linear feet of curb and gutter actually constructed. Curb and
gutter will be paid for at the unit price bid per linear foot. The unit price bid shall include
furnishing and installing all materials, forming, finishing, jointing, and all incidentals necessary
to complete the work.
B. Removal, replacement and relocation of mailboxes as indicated on the plans shall be considered
subsidiary to this bid item and will not be paid for directly.
1.8 24" COL TYPE B CURB AND GUTTER
A. Measurement will be made of the linear feet of curb and gutter actually constructed. Curb and
gutter will be paid for at the unit price bid per linear foot. The unit price bid shall include
October 2022 MEASUREMENT AND PAYMENT 01020 - 2
UNPAVED ROADS IMPROVEMENTS C.O. PHASE 2
furnishing and installing all materials, forming, finishing, jointing, and all incidentals
necessary to complete the work.
B. 5 foot curb and gutter transitions as shown in the plans will be paid as Type B Curb and Gutter.
C. Removal, replacement and relocation of mailboxes as indicated on the plans shall be considered
subsidiary to this bid item and will not be paid for directly.
19 2" HMAC COL TYPE C
A. Measurement will be made of the area, in square yards, of hot mix asphalt pavement actually
constructed. Payment will be made at the unit price bid per square yard. The unit price bid shall
include furnishing and installing all pavement structure layers including subgrade densification
and caliche base according to City of Lubbock standards, tack and prime coats, compaction,
testing and all incidentals necessary to complete the work.
B. All excavation and embankment needed to construct the roadway improvements to grade will
be subsidiary to this item.
C. Any unsuitable material shall be removed and replaced by the contractor will be subsidiary to
this bid item.
1.10 6" CONCRETE VALLEY GUTTER AND FILLETS
A. Measurement will be made of the area, in square yards, of fillets and valley gutters actually
constructed. Fillets and valley gutters will be paid for at the unit price bid per square yard. The
unit price bid shall include furnishing and installing all materials, excavation, filling,
backfilling, reinforcement, forming, finishing, jointing, utility valve adjustments and all
incidentals necessary to complete the work.
1.11 6" CONCRETE ALLEY RETURNS AND DRIVEWAYS
A. Measurement will be made of the area, in square yards, of Concrete alley returns and driveways
actually constructed. The unit price bid shall include furnishing and installing all materials,
excavation, filling, backfilling, reinforcement, forming, finishing, jointing, and all incidentals
necessary to complete the work.
1.12 ADA RAMPS
A. Measurement will be paid for at the unit bid price per each ADA ramp. ADA ramp consists of
the ramp, landing, adjacent flares or side curb, and detectable warning surface as shown on the
plans. The unit price bid shall include furnishing and installing all materials, excavation, filling,
backfilling, reinforcement, forming, finishing, jointing, truncated domes, and all incidentals
necessary to complete the work.
1.13 MANHOLE AND VALVE BOXES ADJUSTMENT
A. A count will be made of manholes and valve boxes of various type and sizes to be adjusted.
These structures will be paid for at the unit bid price per each manhole and valve box adjusted.
This price is full compensation for all materials, backfill as required, excavation, tools,
equipment, labor and incidentals per each manhole adjusted.
PART2-PRODUCTS
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PART 3 - EXECUTION
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END OF SECTION
October 2022 MEASUREMENT AND PAYMENT 01020 - 4
UNPAVED ROADS IMPROVEMENTS C.O. PHASE 2
SECTION 01027
APPLICATIONS FOR PAYMENT
PART 1- GENERAL
1.1 RELATED DOCUMENTS
A. Drawings, Construction Contract Clauses, Supplementary Conditions and Division 1 - General
Requirements apply to work of this section.
12- SECTION INCLUDES
A. Procedures for preparation and submittal of Applications for Payment.
13 RELATED SECTIONS
A. Agreement: Contract Sum/Price and unit prices.
B. General Conditions: Progress Payments and Final Payment.
C. Section 01020 — Measurement and Payment.
D. Section 01028 - Change Order Procedures: Procedures for changes to the Work.
E. Section 01330 - Submittal Procedures.
F. Section 01700 - Contract Closeout.
1.4 FORMAT
A. EJCDC No. 1910-8-E - Application for Payment including continuation sheets when required,
or Owner forms, or Owner -approved form of the Contractor.
B. For each item, provide a column for listing: Item Number; Description of work; Scheduled
Value, Previous Applications; Work in Place; Authorized Change Orders; Total Completed;
Percentage of Completion; Balance to Finish; and Retainage.
15 PREPARATION OF APPLICATIONS
A. Present required information in typewritten form or computer generated Excel Spreadsheet.
B. Execute certification by signature of authorized officer.
C. Use data from approved Schedule of Values. Provide dollar value in each column for each line
item for portion of work performed and for stored products.
D. List each authorized Change Order as an extension on continuation sheet, listing Change
Order number and dollar amount as for an original item ofWork.
E. Prepare Application for Final Payment as specified in Section 01700.
1.6 SUBMITTAL PROCEDURES
A. Submit two (2) copies of each Application for Payment.
B. Submit an updated construction schedule, materials received, and manifest with each
Application for Payment. Payment will not be made until an up-to-date schedule is received.
C. Payment Period: Monthly, submit application for payment on or about the 10t' day of each
month.
D. Submit the following along with the application for final payment:
October 2022 APPLICATIONS FOR PAYMENTS 01027 - 1
UNPAVED ROADS IMPROVEMENTS C.O. PHASE 2
(1) The documentation for the completed project.
(2) Signed affidavit from a Notary Public that all claims on this job have been settled and that
all bills owed by the Contractor for the project including materials and labor have been
paid.
(3) One (1) year Contractor Warranty for work performed, signed and sealed by a Notary
Public.
1.7 SUBSTANTIATING DATA
A. When Engineer requires substantiating information, submit data justifying dollar amounts in
question.
B. Provide one copy of data with cover letter for each copy of submittal. Show Application
number and date, and line item by number and description.
PART 2 - PRODUCTS
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PART 3 - EXECUTION
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END OF SECTION
October 2022 APPLICATIONS FOR PAYMENTS 01027 - 2
UNPAVED ROADS IMPROVEMENTS C.O. PHASE 2
SECTION 01028
CHANGE ORDER PROCEDURES
PART 1- GENERAL
1.1 RELATED DOCUMENTS
A. Drawings, Construction Contract Clauses, Supplementary Conditions and Division 1 - General
Requirements apply to work of this section.
1.2 SECTION INCLUDES
A. Submittals.
B. Documentation of change in Contract Sum/Price and Contract Time.
C. Change procedures.
D. Stipulated Price change order.
E. Unit price change order.
F. Time and material change order.
G. Execution of change orders.
H. Correlation of Contractor submittals.
1.3 RELATED SECTIONS
A. Section 01027 -Applications for Payment.
B. Section 01330 -Submittal Procedures.
C. Section 01600 -Product Requirements.
D. Section 01700 -Contract Closeout.
1.4 SUBMITTALS
A. Submit name of the individual authorized to receive change documents, and be responsible for
informing others in Contractor's employ or Subcontractors of changes to the Work.
B. Change Order Forms: EJCDC 1910-8-B Change Order, Owner's form, or other form approved
by Owner.
1.5 DOCUMENTATION OF CHANGE IN CONTRACT SUM/PRICE AND CONTRACT TIME
A. Maintain detailed records of work done on a time and material basis. Provide full information
required for evaluation of proposed changes, and to substantiate costs of changes in the Work.
B. Document each quotation for a change in cost or time with sufficient data to allow evaluation
of the quotation.
C. Provide additional data to support computations:
1. Quantities of products, labor, and equipment.
2- Taxes, insurance and bonds.
3. Overhead and profit.
4. Justification for any change in Contract Time.
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UNPAVED ROADS IMPROVEMENTS C.O. PHASE 2
5. Credit for deletions from Contract, similarly documented.
6. If subcontracted, provide subcontractor documentation according to General Contract
Conditions and this specification. Show Contractor markup on subcontractor changes.
D. Support each claim for additional costs, and for work done on a time and material basis, with
additional information:
1. Origin and date of claim.
2 Dates and times work was performed, and by whom.
3. Time records and wage rates paid.
4. Invoices and receipts for products, equipment, and subcontracts, similarly documented.
Show Contractor markup on subcontractor work.
1.6 CHANGE PROCEDURES
A. The Engineer will advise of minor changes in the Work not involving an adjustment to Contract
Sum/Price or Contract Time as authorized by the Contract by issuing supplemental instructions
by letter.
B. The Engineer may issue a Proposal Request which includes a detailed description of a proposed
change with supplementary or revised Drawings and specifications and a change in Contract
Time for executing the change. Contractor will prepare and submit an estimate within 7 days.
C. The Contractor may propose a change by submitting a request for change to the Engineer,
describing the proposed change and its full effect on the Work, with a statement describing the
reason for the change, and the effect on the Contract Sum/Price and Contract Time with full
documentation and a statement describing the effect on Work by separate or other contractors.
Document any requested substitutions in accordance with Section 01600.
1.7 CONSTRUCTION CHANGE AUTHORIZATION
A. Engineer may issue a document, signed by the Owner, instructing the Contractor to proceed
with a change in the Work, for subsequent inclusion in a Change Order.
B. The document will describe changes in the Work, and will designate method of determining
any change in Contract Sum/Price or Contract Time.
C. Promptly execute the change in Work.
1.8 STIPULATED PRICE CHANGE ORDER
A. Based on Proposal Request and Contractor's maximum price quotation or Contractor's request
for a Change Order as approved by Engineer.
1.9 UNIT PRICE CHANGE ORDER
A. For pre -determined unit prices and quantities, the Change Order will be executed on a fixed
unit price basis.
B. For unit costs or quantities of units of work which are not pre -determined, execute Work under
a Construction Change Authorization.
C. Changes in Contract Sum/Price or Contract Time will be computed as specified for Time and
Material Change Order.
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UNPAVED ROADS IMPROVEMENTS C.O. PHASE 2
1.10 TIME AND MATERIAL CHANGE ORDER
A. Submit itemized account and supporting data after completion of change, within time limits
indicated in the Conditions of the Contract.
B. Engineer will determine the change allowable in Contract Sum/Price and Contract Time as
provided in the Contract Documents.
C. Maintain detailed records of work done on Time and Material basis.
D. Provide full information required for evaluation of proposed changes, and to substantiate costs
for changes in the Work.
1.11 EXECUTION OF CHANGE ORDERS
A. Execution of Change Orders: Engineer will issue Change Orders for signatures of parties as
provided in the Conditions of the Contract.
1.12 CORRELATION OF CONTRACTOR SUBMITTALS
A. Promptly revise Schedule of Values and Application for Payment forms to record each
authorized Change Order as a separate line item and adjust the Contract Sum/Price.
B. Promptly revise progress schedules to reflect any change in Contract Time, revise sub -
schedules to adjust time for other items of work affected by the change, and resubmit.
C. Promptly enter changes in Project Record Documents.
PART 2 - PRODUCTS
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PART 3 - EXECUTION
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END OF SECTION
October 2022 CHANGE ORDER PROCEDURES 01028 - 3
UNPAVED ROADS IMPROVEMENTS C.O. PHASE 2
SECTION 01039
COORDINATION AND MEETINGS
PART 1- GENERAL
1.1 RELATED DOCUMENTS
A. Drawings, Construction Contract Clauses, Supplementary Conditions and Division 1 - General
Requirements apply to work of this section.
12 SECTION INCLUDES
A. Coordination.
B. Preconstruction meeting.
C. Progress meetings.
13 COORDINATION
A. Coordinate scheduling, submittals, and work of the various Sections of the Specifications to
assure efficient and orderly sequence of installation of interdependent construction elements.
B. Coordinate completion and clean up of Work of separate Sections in preparation for
Substantial Completion.
C. After Owner occupancy of premises, coordinate access to site for correction of defective Work
and Work not in accordance with Contract Documents, to minimize disruption of Owner's
activities.
1.4 PRECONSTRUCTION MEETING
A. Engineer will schedule a meeting with the required attendees.
B. Attendance Required: Owner, Engineer, Contractor and major Subcontractors.
C. Agenda:
1. Distribution of executed Contract Documents.
2 Submission of list of Subcontractors, list of products and progress schedule.
3. Designation of personnel representing the parties in Contract and the Engineer.
4. Procedures and processing of field decisions, submittals, substitutions, applications for
payments, proposal request, Change Orders and Contract closeout procedures.
5. Schedules.
6. Scheduling activities of construction testing lab.
7. Use of premises by Owner and Contractor.
8. Owner's requirements.
9. Construction facilities and controls provided by Owner.
10. Survey layout.
11. Security and housekeeping procedures.
12 Procedures for testing.
13. Procedures for maintaining record documents.
October 2022 COORDINATION AND MEETINGS 01039 - 1
UNPAVED ROADS IMPROVEMENTS C.O. PHASE 2
14. Inspection and acceptance of equipment or improvements put into service during
construction period.
15. Other items as deemed necessary by Owner orEngineer.
D. Engineer will record minutes and distribute copies to participants.
1.5 PROGRESS MEETINGS
A. Schedule and administer meetings throughout progress of the Work at maximum bi-weekly
intervals.
B. Engineer will make arrangements for meetings, prepare agenda with copies for participants,
and preside at meetings.
C. Attendance Required: Job superintendent, major Subcontractors and suppliers, Engineer, as
appropriate to agenda topics for each meeting.
D. Agenda:
1. Review minutes of previous meetings.
2. Review of Work progress.
3. Field observations, problems, and decisions.
4. Identification of problems which impede planned progress.
5. Review of submittals schedule and status of submittals.
6. Review of off -site fabrication and delivery schedules.
7. Maintenance of progress schedule.
K Corrective measures to regain projected schedules.
9. Planned progress during succeeding work period.
10. Coordination of projected progress.
11. Maintenance of quality and work standards.
12. Effect of proposed changes on progress schedule and coordination.
13. Other business relating to Work.
E. Engineer will record minutes and distribute copies to participants.
PART2-PRODUCTS
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PART 3 - EXECUTION
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END OF SECTION
October 2022 COORDINATION AND MEETINGS 01039 - 2
UNPAVED ROADS IMPROVEMENTS C.O. PHASE 2
SECTION 01140
WORK RESTRICTIONS
PART 1- GENERAL
1.1 RELATED DOCUMENTS
A. Drawings, Construction Contract Clauses, Supplementary Conditions and
Division 1 - General Requirements apply to work of this section.
12 SECTION INCLUDES
A. Use of premises.
B. Special scheduling requirements.
C. Working period.
D. Noise restrictions.
E. Advance notice.
F. Water for construction.
13 USE OF PREMISES
A. Use of Site: Limit use of premises to work within defined right-of-way and easements shown
on the plans. Do not disturb portions of site beyond areas in which the Work is indicated.
1. Driveways and Entrances: Keep driveways and entrances serving premises clear and
available to employees and emergency vehicles at all times, except when construction is
immediately at that vicinity. Do not use these areas for parking or storage of materials.
a. Schedule construction to minimize obstruction of driveways and entrances.
1.4 SPECIAL SCHEDULING REQUIREMENTS
A. Have materials, equipment, and personnel required to perform the work at the site prior to the
commencement of the work.
B. Permission to interrupt any utility service shall be requested in writing a minimum of 14
calendar days prior to the desired date of interruption.
C. The work under this contract requires special attention to the scheduling and conduct of the
work in connection with existing operations. Identify on the construction schedule each factor
which constitutes a potential interruption to operations.
15 WORKING PERIOD
A. Working Hours - Regular working hours shall be within an 11 hour period between 7:00
a.m. and 6:00 p.m., Monday through Friday, and an eight hour period between 9:00 a.m.
and 5:00 p.m. on Saturday. Saturday work shall be restricted to those activities that do not
require observation by the Owner. The Owner reserves the right, at the Owner's discretion, to
not allow work when it interferes with holiday times and traffic. No work shall be performed
on the following holiday periods or days:
1. New Year's Day (observed)
2 Martin Luther King Day (Observed)
October 2022 WORK RESTRICTIONS 01140 - 1
UNPAVED ROADS IMPROVEMENTS C.O. PHASE 2
3. Good Friday (Observed)
4. Memorial Day Holiday (observed)
5. Independence Day Holiday (observed)
6. Labor Day Holiday (observed)
7. Thanksgiving Day Holiday plus the Friday following Thanksgiving Day (Observed).
& Christmas Eve and Christmas Day (Observed).
B. Work Outside Regular Hours - Work outside regular working hours requires Owner's approval.
Make application 7 Calendar days prior to such work to allow arrangements to be made by the
Owner for inspecting the work in progress, giving the specific dates, hours, location, type of
work to be performed, contract number and project title. Based on the justification provided,
the Owner may approve work outside regular hours. During periods of darkness, the different
parts of the work shall be lighted in a manner approved by the Owner. Lighting shall be such
that it does not cause nuisance conditions.
C. The drawings contain specific requirements that affect certain areas of the work.
1.6 NOISE RESTRICTIONS
A. 75 dB limit at face of nearest structure during normal daylight hours.
B. 65 dB limit at face of nearest structure during evening and nighttime hours in or near residential
areas and for 24-hour working conditions that have received Owner approval. Evening and
nighttime hours shall be defined as 6:00 p.m. to 7:00 a.m.
C. Contractor shall keep on site OSHA -approved hand portable sound measurement equipment
for both the Owner's and the Contractor's use for measuring noise levels.
1.7 ADVANCE NOTICE
A. Contractor shall provide a minimum of five business days advance written notice of
construction to businesses and residences along the construction route.
1. The advance written notice shall be in the form of a single -page flyer to be placed by hand
by the Contractor's forces in mailboxes, door handles or handed to applicable individuals
at each route building.
2- The text for the advance written notice will be provided by the Owner in written form and
electronic form.
3. Reproduction shall be at the Contractor's expense.
4. Distribution shall be at the Contractor's expense.
5. Single -page flyers shall be of a paper or post -card color other than white to direct the
recipient's attention to the information.
6. The text shall contain the anticipated beginning date of inconvenience to the recipient and
the anticipated duration of that inconvenience.
7. The dates shall encompass the duration of driveway inconveniences and potential noise to
the recipients on a single city block (i.e., the dates and durations shall reflect the time that
the city block of interest will be affected by non-trafficability).
B. Prior to closing any street or thoroughfare for any length of time, the Contractor shall notify
the following a minimum of 5 business days in advance:
October 2022 WORK RESTRICTIONS 01140 - 2
UNPAVED ROADS IMPROVEMENTS C.O. PHASE 2
1. All Emergency Services - Fire, Police, EMS
2- City of Lubbock Solid Waste Department
3. Lubbock Independent School District
4. Durham Transportation
5. TxDOT
6. Lubbock Avalanche Journal
7. Press release for local radio and television stations
1.8 WATER FOR CONSTRUCTION
A Obtaining water for construction is Contractor's sole responsibility.
B. Water is available from the potable water system of the City of Lubbock for construction
purposes. The Contractor is responsible for all charges and arrangements for water
consumption from the potable water system. The Contractor shall make such arrangements
directly with the City of Lubbock Water Utilities Department. The City will not furnish potable
water free of charge for the construction work. Contractor is responsible for any required
metering and hauling.
C. Water from park area lakes shall not be used for construction.
D. This section does not preclude Contractor from seeking other water sources for use in
construction. Such water sources shall meet the purity requirements for the intended use. Such
arrangements for water from other sources are the responsibility of the Contractor.
PART2-PRODUCTS
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PART 3 - EXECUTION
3.1 WORK AREA LIMITS
A Prior to any construction, the Contractor shall mark the areas that need not be disturbed under
this contract. Isolated areas within the general work area which are to be saved and protected
shall also be marked or fenced. Monuments and markers shall be protected before construction
operations commence. Where construction operations are to be conducted during darkness, the
markers shall be visible. The Contractor's personnel shall be knowledgeable of the purpose for
marking and/or protecting particular objects.
END OF SECTION
October 2022 WORK RESTRICTIONS 01140 - 3
UNPAVED ROADS IMPROVEMENTS C.O. PHASE 2
SECTION 01310
PROGRESS SCHEDULES
PART 1- GENERAL
1.1 RELATED DOCUMENTS
A. Drawings, Construction Contract Clauses, Supplementary Conditions and Division 1 - General
Requirements apply to work of this section.
12 SECTION INCLUDES
A. Format.
B. Content.
C. Revisions to schedules.
D. Submittals.
E. Distribution.
13 RELATED SECTIONS
A. Section 01027 -Applications for Payment.
B. Section 01330 -Submittal Procedures.
1.4 FORMAT
A. Sequence of Listings: The chronological order of the start of each item of Work.
B. Scale and Spacing: To provide space for notations and revisions.
C. Sheet Size: Minimum 8 1/2 x 11 inches.
D. Maintain monthly updates to schedule.
15 CONTENT
A. Show complete sequence of construction by activity, with dates for beginning and completion
of each element of construction.
B. Identify each item by specification Section number.
C. Provide sub -schedules to define critical portions of the entire Schedule.
D. Show accumulated percentage of completion of each item, and total percentage of Work
completed, as of the first day of each month.
E. Provide separate schedule of submittal dates for shop drawings, product data, samples, and
dates reviewed submittals will be required from Engineer.
A. Indicate progress of each activity to date of submittal, and projected completion date of each
activity.
B. Identify activities modified since previous submittal, major changes in scope, and other
identifiable changes.
C. Provide narrative report to define problem areas, anticipated delays, and impact on Schedule.
Report corrective action taken, or proposed, and its effect.
October 2022 PROGRESS SCHEDULES 01310 - 1
UNPAVED ROADS IMPROVEMENTS C.O. PHASE 2
1.7 SUBMITTALS
A. Submit initial Schedules within 10 days after date established in Notice to Proceed. After
review, resubmit required revised data within 10 days.
B. Submit revised Progress Schedules with each Application for Payment.
C. Submit the number of opaque reproductions which Contractor requires, plus two copies which
will be retained by Engineer.
1.8 DISTRIBUTION
A. Distribute copies of reviewed Schedules to Engineer's project file, Subcontractors, suppliers,
and other concerned parties.
B. Instruct recipients to promptly report, in writing, problems anticipated by projections indicated
in Schedules.
PART2-PRODUCTS
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PART 3 - EXECUTION
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END OF SECTION
October 2022 PROGRESS SCHEDULES 01310 - 2
UNPAVED ROADS IMPROVEMENTS C.O. PHASE 2
SECTION 01322
PHOTOGRAPHIC DOCUMENTATION
PART 1- GENERAL
1.1 RELATED DOCUMENTS
A. Drawings, Construction Contract Clauses, Supplementary Conditions and
Division 1 - General Requirements apply to work of this section.
12 SECTION INCLUDES
A. This Section includes administrative and procedural requirements for the following:
1. Preconstruction photographs.
2. Periodic construction photographs.
3. Preconstruction videotapes.
4. Periodic construction videotapes.
13 RELATED SECTIONS
A. Section 01330 -Submittal Procedures for submitting construction photographs.
1.4 SUBMITTALS
A. Submit two (2) complete sets of preconstruction photographs or videotape to Engineer. All
three sets will be retained by the Owner and the Engineer.
1. Identification: On back of each print, videotape, or CD, provide an applied label or
rubber-stamped impression with the following information:
a. Name of Project.
b. Name and address of photographer.
c. Name of Engineer.
d. Name of Contractor.
e. Date photograph was taken.
f. Description of vantage point, indicating location, direction (by compass point), and
elevation or story of construction.
2 Digital Images: Submit a complete set of digital image electronic files with each submittal
of prints. Identify electronic media with date photographs were taken. Submit images that
have the same aspect ratio as the sensor, uncropped.
PART2-PRODUCTS
Not Used
October 2022 PHOTOGRAPHIC DOCUMENTATION 01322 - 1
UNPAVED ROADS IMPROVEMENTS C.O. PHASE 2
PART 3 - EXECUTION
3.1 PHOTOGRAPHS, GENERAL
A. Field Office Prints: Retain one set of prints of preconstruction photographs in the field office
at Project site, available at all times for reference. Identify photographs the same as for those
submitted to Engineer.
32- CONSTRUCTION PHOTOGRAPHS
A. Preconstruction Photographs: Before starting construction, take color photographs of Project
site and surrounding properties from different vantage points, or as directed by Engineer.
1. Take photographs to show existing conditions adjacent to the property before starting the
Work.
2- Take photographs of existing structures either on or adjoining the property to accurately
record the physical conditions at the start of construction.
B. Periodic Construction Photographs: As needed to document damage either directly related to
or inadvertently related to the Contractor's operations, photograph the area in question and
provide to Engineer.
33 CONSTRUCTION VIDEOS, GENERAL
A. Narration: Describe scenes on video by audio narration by microphone while video is recorded.
Include description of items being viewed, recent events, and planned activities. Describe
vantage point, indicating location, and direction (by compass point).
3.4 CONSTRUCTION VIDEOS
A. Preconstruction Video: Before starting construction, record video of Project site and
surrounding properties from different vantage points, or as directed by Engineer.
1. Show existing conditions on and adjacent to Project site before starting the Work.
2 Show existing structures either on or adjoining Project site to accurately record the
physical conditions at the start of construction.
3. Existing condition videos shall cover the entire project route.
4. Show protection efforts by Contractor.
B. Periodic Construction Documentation: As needed to document damage either directly related
to or indirectly related to the Contractor's operations, video the area in question and provide to
Engineer.
END OF SECTION
October 2022 PHOTOGRAPHIC DOCUMENTATION 01322 - 2
UNPAVED ROADS IMPROVEMENTS C.O. PHASE 2
SECTION 01330
SUBMITTAL PROCEDURES
PART 1- GENERAL
1.1 RELATED DOCUMENTS
A. Drawings, Construction Contract Clauses, Supplementary Conditions and Division
1 - General Requirements apply to work of this section.
12 SUMARRY
A. This Section includes administrative and procedural requirements for submitting Shop
Drawings, Product Data, Samples, and other miscellaneous submittals.
13 DEFINITIONS
A. Action Submittals: Written and graphic information that requires Owner's or Engineer's
responsive action. Submittals may be rejected for not complying with requirements.
B. Informational Submittals: Written information that does not require Owner's or Engineer's
approval. Submittals maybe rejected for not complying with requirements.
1.4 SUBMITTAL PROCEDURES
A. Coordination: Coordinate preparation and processing of submittals with performance of
construction activities.
(1) Coordinate each submittal with fabrication, purchasing, testing, delivery, other submittals,
and related activities that require sequential activity.
(2) Coordinate transmittal of different types of submittals for related parts of the Work so
processing will not be delayed because of need to review submittals concurrently for
coordination.
a Owner and Engineer reserve the right to withhold action on a submittal requiring
coordination with other submittals until related submittals are received.
B. Submittals Schedule: Comply with requirements in Section 01310 "Progress Schedules" for
list of submittals and time requirements for scheduled performance of related construction
activities.
C. Processing Time: Allow enough time for submittal review, including time for resubmittals, as
follows. Time for review shall commence on Owner's or Engineer's receipt of submittal.
(1) Initial Review: Allow 15 days for initial review of each submittal. Allow additional time if
processing must be delayed to permit coordination with subsequent submittals. Owner or
Engineer will advise Contractor when a submittal being processed must be delayed for
coordination.
(2) If more than five submittals are transmitted for review within any five-day period, the time
allowed for review will be increased to 21 days.
(3) Concurrent Review: Where concurrent review of submittals by Engineer's consultants,
Owner, or other parties is required, allow 21 days for initial review of each submittal.
(4) If intermediate submittal is necessary, process it in same manner as initial submittal.
(5) Allow 15 days for processing each resubmittal. Each resubmittal will count toward the
submittal count in any five-day period in paragraph I A.C.2 above.
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(6) No extension of the Contract Time will be authorized because of failure to transmit
submittals sufficiently in advance of the Work to permit processing.
D. Format
(1) Submit all submittals digitally using .PDF file extension. Each submittal shall be a single
.PDF file including transmittal letter. Multiple files for the same submittal will not be
accepted.
(2) Submittals in any other format, including .ZIP files, will be rejected.
(3) Hard copies will not be accepted.
(4) To ensure each page is legible, .PDF pages of drawings shall be the same size/scale as a
hard copy. Where applicable, scale symbols should be provided to indicate scale. Illegible
submittals will be rejected.
E. Identification: Place a permanent label or title block on each submittal for identification.
(1) Indicate name of firm or entity that prepared each submittal on label or title block.
(2) Provide a space approximately 4 x 8 inches on label or beside title block to record
Contractor's review and approval markings and action taken by Owner or Engineer.
(3) Include the following information on label for processing and recording action taken:
a. Project name.
b. Date.
c. Name and address of Owner.
d Name and address of Contractor.
e. Name and address of subcontractor.
£ Name and address of supplier.
g. Name of manufacturer, if different than supplier.
h Unique identifier, including revision number.
i. Number and title of appropriate Specification Section.
j. Drawing number and detail references, as appropriate.
k Other necessary identification.
F. Deviations: Highlight, encircle, or otherwise identify deviations from the Contract Documents
on submittals.
G. Additional Copies: Submit five copies to Owner or Engineer. Submit additional copies if
required by Contractor for his work. Unless additional copies are required for final submittal,
and unless Owner or Engineer observes noncompliance with provisions of the Contract
Documents, initial submittal may serve as final submittal if approved by Owner or Engineer.
H. Transmittal: Package each submittal individually and appropriately for transmittal and
handling. Transmit each submittal using a consecutively numbered transmittal form. Owner
and/or Engineer will discard submittals received from sources other than Contractor.
(1) On an attached separate sheet, prepared on Contractor's letterhead, record relevant
information, requests for data, revisions other than those requested by Owner or Engineer
on previous submittals, and deviations from requirements of the Contract Documents,
October 2022 SUBMITTAL PROCEDURES 01330 - 2
UNPAVED ROADS IMPROVEMENTS C.O. PHASE 2
including minor variations and limitations. Include the same label information as the
related submittal.
(2) Include Contractor's certification stating that information submitted complies with
requirements of the Contract Documents.
(3) Transmittal Form: Use Contractor's business transmittal form. Provide locations on form
for the following information:
a Project name.
b. Date.
c. Submittal number.
d Destination (To:).
e. Source (From:).
£ Names of subcontractor, manufacturer, and supplier.
g. Category and type of submittal.
h. Submittal purpose and description.
i. Submittal and transmittal distribution record.
j. Remarks.
k Signature of transmitter.
L Distribution: Furnish copies of final submittals to manufacturers, subcontractors, suppliers,
fabricators, installers, authorities having jurisdiction, and others as necessary for performance
of construction activities.
J. Use for Construction: Use only final submittals with mark indicating action taken by Owner or
Engineer in connection with construction.
PART2-PRODUCTS
21 ACTION SUBMITTALS
A. General: Prepare and submit Action Submittals required by individual Specification Sections.
(1) Number of Copies: Submit five copies of each submittal, unless otherwise indicated. The
five copies will be retained by the Owner or Engineer. Any additional copies that the
Contractor may need for his operations will be in addition to the five copies required.
B. Product Data: Collect information into a single submittal for each element of construction and
type of product or equipment.
(1) If information must be specially prepared for submittal because standard printed data are
not suitable for use, submit as Shop Drawings.
(2) Mark each copy of each submittal to show which products and options are applicable.
(3) Include the following information, as applicable:
a. Manufacturer's product specifications.
b. Manufacturer's installation instructions.
c. Standard color charts.
October 2022 SUBMITTAL PROCEDURES 01330 - 3
UNPAVED ROADS IMPROVEMENTS C.O. PHASE 2
d. Manufacturer's catalog cuts.
e. Printed performance curves.
f. Compliance with recognized testing agency standards.
g. Application of testing agency labels and seals.
h. Notation of coordination requirements.
C. Shop Drawings: Prepare Project -specific information, drawn accurately to scale. Do not base
Shop Drawings on reproductions of the Contract Documents or standard printed data.
(1) Preparation: Include the following information, as applicable:
a. Dimensions.
b. Identification of products.
c. Fabrication and installation drawings.
d. Schedules.
e. Design calculations.
f. Compliance with specified standards.
g. Notation of coordination requirements.
h. Notation of dimensions established by field measurement.
(2) Sheet Size: Submit Shop Drawings on sheets at least 8-1/2 by 11 inches but no larger
than 11 x 17 inches.
(3) Number of Copies: Submit five copies of each shop drawing submittal. Owner and
Engineer will retain all five copies.
22 INFORMATIONAL SUBMITTALS
A. Manufacturer's Instructions: Prepare written or published information that documents
manufacturer's recommendations, guidelines, and procedures for installing or operating a
product or equipment. Include name of product and name, address, and telephone number of
manufacturer. Include the following, as applicable:
(1) Preparation of substrates.
(2) Required substrate tolerances.
(3) Sequence of installation or erection.
(4) Required installation tolerances.
(5) Required adjustments.
(6) Recommendations for cleaning and protection.
B. Manufacturer's Field Reports: Prepare written information documenting factory -authorized
service representative's tests and inspections. Include the following, as applicable:
(1) Name, address, and telephone number of factory -authorized service representative
making report.
(2) Statement on condition of substrates and their acceptability for installation of product.
(3) Statement that products at Project site comply with requirements.
October 2022 SUBMITTAL PROCEDURES 01330 - 4
UNPAVED ROADS IMPROVEMENTS C.O. PHASE 2
(4) Summary of installation procedures being followed, whether they comply with
requirements and, if not, what corrective action was taken.
(5) Results of operational and other tests and a statement of whether observed performance
complies with requirements.
(6) Statement whether conditions, products, and installation will affect warranty.
(7) Other required items indicated in individual Specification Sections.
C. Insurance Certificates and Bonds: Prepare written information indicating current status of
insurance or bonding coverage. Include name of entity covered by insurance or bond, limits of
coverage, amounts of deductibles, if any, and term of the coverage.
D. Construction Videotapes: Comply with requirements in Section 01322 - Photographic
Documentation.
PART 3 - EXECUTION
3.1 CONTRACTOR'S REVIEW
A. Review each submittal and check for compliance with the Contract Documents. Note
corrections and field dimensions. Mark with approval stamp before submitting to Owner or
Engineer.
B. Approval Stamp: Stamp each submittal with a uniform approval stamp. Include Project name
and location, submittal number, Specification Section title and number, name of reviewer, date
of Contractor's approval, and statement certifying that submittal has been reviewed, checked,
and approved for compliance with the Contract Documents.
32 OWNER'S AND ENGINEER'S ACTION
A. General: Owner or Engineer will not review submittals that do not bear Contractor's approval
stamp and will return them without action.
B. Action Submittals: Owner or Engineer will review each submittal, make marks to indicate
corrections or modifications required, and return it. Owner or Engineer will provide an action
review sheet and will mark appropriately to indicate action to be taken, as follows:
(1) No exception taken.
(2) Make corrections noted.
(3) Revise and resubmit.
(4) Rejected.
(5) The submittal review by the Engineer indicates that the Engineer checked for:
a General conformance with the design concept of the project and general compliance
with the information given in the contract documents. Any action shown is subject to
the requirements of the plans and specifications. Contractor is responsible for
confirming and correlating all quantities and dimensions; selecting fabrication
processes and techniques of construction; and performing his work in a satisfactory
manner.
C. Informational Submittals: Owner or Engineer will review each submittal and will not return it,
or will reject and return it if it does not comply with requirements.
D. Submittals not required by the Contract Documents will not be reviewed and may be discarded.
October 2022 SUBMITTAL PROCEDURES 01330 - 5
UNPAVED ROADS IMPROVEMENTS C.O. PHASE 2
END OF SECTION
October 2022 SUBMITTAL PROCEDURES 01330 - 6
UNPAVED ROADS IMPROVEMENTS C.O. PHASE 2
SECTION 01356
STORM WATER POLLUTION PREVENTION PLAN (SWP3)
PART 1- GENERAL
1.1 RELATED DOCUMENTS
A Drawings, Construction Contract Clauses, Supplementary Conditions and Division
1 - General Requirements apply to work of this section.
1.2 GENERAL
A The Contractor shall implement the Storm Water Pollution Prevention measures specified in
the Storm Water Pollution Prevention Plan (SWP3) in a manner which will meet the
requirements of the Texas Pollution Discharge Elimination System (TPDES) General Permit
No. TXR150000. The Contractor shall be responsible for any fines or penalties assessed by
the appropriate regulatory agency for failure to make required inspections, failure to properly
document those inspections, failure to adequately implement and adjust the storm water
pollution prevention measures specified in the SWP3 to adequately control pollutants, and/or
any other fines or penalties assessed by TCEQ or EPA for failure to comply with any part of
the permit requirements. The Contractor shall submit a Notice of Intent and a Notice of
Termination independently of the Owner.
B. The document provided in the plans is to serve as a skeleton for the Storm Water Pollution
Prevention Plan and is provided only as a convenience to the Contractor. It is the Contractor's
responsibility to ensure that his Storm Water Pollution Prevention Plan is in full compliance
with the TPDES permit. The Contractor shall modify the document as necessary to show
implementation plans, dates of construction activities, best management practices, inspection
reports, and any other information pertinent to the plan or otherwise required to ensure that
the plan remains in compliance with permit.
C Fines levied against the Owner by the TCEQ for the Contractor's failure to comply with and
maintain the SWP3 shall be paid by the Contractor.
D. Storm water must be adequately routed during construction operations in the same general
direction as currently occurs.
1.3 EROSION AND SEDIMENT CONTROLS
A General
Structural measures shall be implemented to divert flows from exposed soils,
temporarily store flows, or otherwise limit run-off and the discharge of pollutants from
exposed areas of the site. Structural practices shall be implemented as specified in the
SWP3 and in a timely manner during the construction process to minimize erosion
and sediment run-off.
B. Stabilized Ingress/Egress
Stabilized access to and from the construction site shall be installed as soon as
practical and in accordance with the SWP3.
October 2022 STORM WATER POLLUTION PREVENTION PLAN (SWP3) 01356 - 1
UNPAVED ROADS IMPROVEMENTS C.O. PHASE 2
2 In all cases, Contractor shall ensure that any soil tracked off -site is cleaned from
existing roads, alleys, and any adjacent properties as soon as possible. The Contractor
or other responsible party shall check for any pollutants (mud, silt, sand, cement,
construction materials, etc.) tracked or washed off -site and perform necessary clean-
up -me at the end of each work daL
C. Silt Fences/Diversion Berms
The Contractor shall provide silt fences and/or diversion berms as a temporary
structural practice to minimize erosion and sediment runoff. Silt fences and/or
diversion berms shall be properly installed to effectively retain sediment immediately
after completing each phase of work where erosion would occur in the form of sheet
and rill erosion (e.g. clearing and grubbing, excavation, embankment, and grading).
D. Sand/Gravel Bags
1. The Contractor may provide sand/gravel bags as a temporary structural practice to
minimize erosion and sediment runoff. Bags shall be properly placed to effectively
retain sediment immediately after completing each phase of work (e.g., clearing and
grubbing, excavation, embankment, and grading) in each independent runoff area
(e.g., after clearing and grubbing in an area between a ridge and drain, bags shall be
placed as work progresses, bags shall be removed/replaced/relocated as needed for
work to progress in the drainage area). Sand/gravel bags must remain in good
condition, or they shall be replaced.
E. Site Stabilization
Contractor shall disturb the least amount of site area as possible.
2 Stabilization measures may include, but are not limited to, any of the following
measures:
a. Temporary or permanent seeding or sodding.
b. Mulching.
C. Geotextiles.
d. Vegetative buffer strips.
e. Paving.
3. Stabilization measures shall be implemented in accordance with the SWP3.
PART 2 - PRODUCTS
2.1 COMPONENTS FOR SILT FENCES
A. Filter Fabric
The geotextile shall comply with the requirements of ASTM D 4439, and shall consist
of polymeric filaments which are formed into a stable network such that filaments
retain their relative positions. The filament shall consist of a long -chain synthetic
polymer composed of at least 85 percent by weight of ester, propylene, or amide, and
shall contain stabilizers and/or inhibitors added to the base plastic to make the
filaments resistant to deterioration due to ultraviolet and heat exposure. Synthetic
filter fabric shall contain ultraviolet ray inhibitors and stabilizers to
October 2022 STORM WATER POLLUTION PREVENTION PLAN (SWP3) 01356 - 2
UNPAVED ROADS IMPROVEMENTS C.O. PHASE 2
provide a minimum of six months of expected usable construction life at a temperature
range of 0 to 120 degrees F. The filter fabric shall meet the following requirements:
FILTER FABRIC FOR SILT FENCE
PHYSICAL PROPERTY TEST PROCEDURE REQUIREMENT
Grab Tensile ASTM D 4632 100 lbs. min.
Elongation ASTM D 4632 30% max.
Trapezoid Tear ASTM D 4533 55 lbs. min.
Permittivity ASTM D 4491 0.2 sec-1
AOS (U.S. Std. Sieve) ASTM D 4751 20-100
B. Silt Fence Stakes and Posts
1. The Contractor may use either wooden stakes or steel posts for fence construction.
Wooden stakes utilized for silt fence construction shall have a minimum cross section
of 2 inches by 2 inches when hardwood is used and 2 inches by 4 inches when pine is
used, and shall have a minimum length of 4 feet. Steel posts (standard "U" or "T"
section) utilized for silt fence construction shall have a minimum weight of 1.33
pounds per linear foot and a minimum length of 4 feet.
C. Identification Storage and Handling
1. Filter fabric shall be identified, stored and handled in accordance with ASTM
D 4873.
2.2 COMPOUNDS FOR STRAW BALES
A. Straw Bales
1. The straw in the bales shall be stalks from oats, wheat, rye, barley, rice or from grasses
such as Byhalia, Bermuda, etc., furnished in air dry condition. The bales shall have a
standard cross section of 14 inches by 18 inches. All bales shall be either wire -bound
or string -tied. The Contractor may use either wooden stakes or 3/8" rebar to secure
the straw bales to the ground. Wooden stakes utilized for this purpose shall have a
minimum dimensions of 2 inches x 2 inches in cross section and shall have a minimum
length of 3 feet. Rebar utilized for securing straw bales shall have a minimum diameter
of 3/8" and a minimum length of 3 feet.
PART 3 - EXECUTION
3.1 STORM WATER POLLUTION PREVENTION PLAN
A. The Storm Water Pollution Prevention Plan (SWP3) will be provided by the Contractor.
Contractor must keep a copy of the SWP3 on site at all times.
October 2022 STORM WATER POLLUTION PREVENTION PLAN (SWP3) 01356 - 3
UNPAVED ROADS IMPROVEMENTS C.O. PHASE 2
B. A completed Notice of Intent (NOI) form must be submitted a minimum of 48 hours prior
to start of construction. No work will be permitted until NOI is filed.
C. Contractor shall maintain SWP3 in accordance with the TPDES permit to ensure that the
SWP3 reflects current project conditions and remains in compliance with the TPDES permit.
D. A completed Notice of Termination (NOT) form must be submitted prior to finalization of
this contract.
E. The Contractor shall furnish Owner with copy of NOI and NOT.
END OF SECTION
October 2022 STORM WATER POLLUTION PREVENTION PLAN (SWP3) 01356 - 4
UNPAVED ROADS IMPROVEMENTS C.O. PHASE 2
SECTION 01400
QUALITY REQUIREMENTS
PART 1- GENERAL
1.1 RELATED DOCUMENTS
A. Drawings, Construction Contract Clauses, Supplementary Conditions and Division
1 - General Requirements apply to work of this section.
12 SUMMARY
A. This Section includes administrative and procedural requirements for quality assurance and
quality control.
B. Construction materials testing services are required by the Contractor in order for the Engineer
to verify compliance with requirements specified or indicated. These services do not relieve
the Contractor of responsibility for compliance with the Contract Document requirements.
(1) Specific quality -control requirements for individual construction activities are specified
in the sections that specify those activities. Requirements in those Sections may also
cover production of standard products.
(2) Specified tests, inspections, and related actions do not limit Contractor's quality control
procedures that facilitate compliance with the Contract Document requirements.
13 DEFINITIONS
A. Construction Materials Testing (CMT): CMT includes collecting of samples, performing well-
defined test procedures, and reporting of such data. The Contractor will provide CMT for this
project.
(1) Quality -Control Services: Tests, inspections, procedures, and related actions performed
by the Contractor during and after execution of the Work with results provided to the
Engineer to evaluate that completed construction complies with requirements. Services
do not include contract enforcement activities performed by Engineer.
B. Construction Materials Engineering (CME): The assessment of a construction material for
quality, appropriateness and acceptability is considered an engineering activity. The Contractor
will not provide CME services for this project. CME services will be performed by the
Engineer.
(1) Quality -Assurance Services: Activities, actions and procedures performed by the
Contractor before and during execution of the Work. Engineer will determine if the
results of the Contractor's activities, actions and procedures are acceptable in guarding
against defects and deficiencies and in ensuring that proposed construction complies with
requirements.
1.4 SUBMITTALS
A. Qualification Data: For individuals employed by Contractor who will perform testing as
required by the various specification Sections, submit at least 30 days prior to being used on
the project the capabilities and experience of such individuals and the types of tests that the
individual is qualified to perform. For outside testing agency employed by Contractor, submit
at least 30 days prior to being used on the project the name, address and manager of such testing
agency and the types of tests that the agency is qualified to perform. Such testing agency shall
be acceptable to Owner prior to being used on the project.
October 2022 QUALITY REQUIREMENTS 01400 - 1
UNPAVED ROADS IMPROVEMENTS C.O. PHASE 2
B. Reports: Prepare and submit written reports within 14 days following the date of the test that
include the following:
(1) Date of issue.
(2) Project title and number.
(3) Name, address and telephone number of testing agency. If individual employed by
Contractor, use Contractor's name, address and telephone number.
(4) Dates and locations of samples and tests.
(5) Names of individuals making tests.
(6) Description of the work and test method.
(7) Identification of material, product and specification Section.
(8) Complete test data.
(9) Test results.
(10) Ambient conditions at time of sample taking and testing.
(11) Provide a statement indicating if the test passed or failed according to the specified
Contract Document requirements and the applicable specification Section.
(12) Name and signature of individual performing the test if employee of Contractor, or
name and signature of testing agency responsible person.
C. Professional Engineer Qualifications: Where a Professional Engineer is required in the
specification Sections, this means a Professional Engineer who is legally qualified to practice
in the jurisdiction where the project is located and who is experienced in providing engineering
services of the kind indicated.
D. Testing Agency or Contractor Employee Qualifications: An agency or Contractor Employee
with the experience and capability to conduct testing indicated, according to reference
standards, and that has the capability and experience in the types of tests to be performed.
E. Preconstruction Testing: Testing agency shall perform preconstruction testing with specified
requirements for performance and test methods. The Contractor shall not perform
preconstruction testing except through a third -party testing agency.
F. Testing Agency Responsibilities: Submit written report containing the results of each test to
Contractor. State in each report whether tested work passes or fails the specified Contract
Document requirements and the applicable specification section.
15 QUALITY CONTROL
A. Owner Responsibilities: Where quality -control services are indicated as Owner's or Engineer's
responsibility, such services may be performed by Owner's own forces or by a qualified testing
agency to perform these services.
(1) Owner or Engineer will furnish Contractor with names, addresses and telephone
numbers of testing agencies engaged by Owner.
(2) Owner may elect to have own forces, or a third -party testing agency, observe and report
on competency of Contractor's personnel performing quality control testing, inspect and
report on Contractor's quality control testing equipment and the calibration of that
equipment, and inspect and report on Contractor's procedures for quality assurance of
construction materials tests and test reports.
October 2022 QUALITY REQUIREMENTS 01400 - 2
UNPAVED ROADS IMPROVEMENTS C.O. PHASE 2
(3) Results from tests performed by Owners forces or third party testing agency remain the
property of the Owner. The third party agency personnel are obligated to report results of
such tests only to the Owner or Engineer, not the Contractor. The Owner or Engineer
shall inform the Contractor of such results at their discretion.
(4) The Owner shall notify the Contractor of reported deficiencies revealed by the above
inspections and observations. The Contractor shall correct such deficiencies. Should such
deficiencies remain uncorrected, then the amount of the work represented by the
deficiencies will be deemed as not conforming to the requirements of the contract
documents and the specifications.
B. Contractor Responsibilities: Provide quality control services required in the various
specification Sections.
(1) Where third -party testing agency is engaged by Contractor, notify testing agency
sufficiently in advance of the time and date when work that requires testing will be
performed.
(2) Contractor shall not engage the same testing agencies as the Owner, unless the Owner
agrees in writing to such engagement.
(3) Where testing is indicated as Contractor's responsibility, submit written reports in
duplicate of each testing service, whether performed by Contractor's personnel or
Contractor -engaged testing agency. Such reports shall include failing tests and retests.
(4) Testing requested by Contractor and not required by Contract Documents are
Contractor's responsibility.
(5) Cooperate with Owner and Engineer for Owner's testing of work. Once the Owner or
Engineer has given prior notification to the Contractor that confirmation testing by the
Owner is to be performed, the Contractor shall provide or leave in place trench shields,
ladders, elevators, lifts, or other equipment or temporary construction related to safety,
access, and ingress -egress such that the Owner's testing representative can have safe
accessibility to the specific site to be tested. Failure to provide these items when
confirmation testing is scheduled shall be considered prima facie evidence that the work
does not meet specifications and the Owner has the option of withholding payment for
the work quantity that the test would represent.
(6) Where Contractor's personnel are performing tests, provide individuals with appropriate
equipment to perform the tests in accordance with the test method requirements. Provide
alternate equipment where the specified test method cannot be applied, and where
alternative test methods and equipment must be employed to provide the necessary
quality control.
C. Retesting: Regardless of whether original tests were Contractor's responsibility, provide
quality -control services, including retesting, for construction that revised or replaced work that
failed to comply with requirements established by the Contract Documents.
D. Testing Agency Responsibilities: Cooperate with Engineer and Contractor in performance of
duties. Provide qualified personnel and necessary equipment to perform required tests and
inspections.
(1) Notify Engineer and Contractor promptly of irregularities or deficiencies observed in the
work during performance of its services.
(2) Prepare a test report and state in each report whether tested and inspected work passes or
fails the specified requirements.
October 2022 QUALITY REQUIREMENTS 01400 - 3
UNPAVED ROADS IMPROVEMENTS C.O. PHASE 2
(3) Submit a written report, in triplicate, of each test.
(4) Do not release, revoke, alter, or increase requirements of the Contract Documents or
approve or accept any portion of the Work.
(5) Do not perform any duties of Contractor.
E. Associated Services: Cooperate with agencies performing required tests, inspections, and
similar quality -control services, and provide reasonable auxiliary services as requested. Notify
agency sufficiently in advance of operations to permit assignment of personnel. Provide the
following:
(1) Access to the Work.
(2) Incidental labor and facilities necessary to facilitate tests and inspections.
(3) Adequate quantities of representative samples of materials that require testing and
inspecting. Assist agency in obtaining samples.
(4) Facilities for storage and field -curing of test samples.
(5) Additional associated services required of Contractor for testing access are listed in the
specification Sections.
(6) Delivery of samples to testing agencies.
0 Preliminary design mix proposed for use for material mixes that require control by
testing agency.
(8) Security and protection for samples and for testing and inspecting equipment at Project
site.
F. Coordination: Coordinate sequence of activities to accommodate required quality assurance
and quality control services with a minimum of delay and to avoid necessity of removing and
replacing construction to accommodate testing and inspecting.
(1) Schedule times for tests, inspections, obtaining samples, and similar activities.
(2) Notify Owner's Representative at least 1 day prior to when testing of any kind is to be
performed.
G. Schedule of Tests and Inspections: Prepare a preliminary schedule of tests, inspections, and
similar quality -control services required by the Contract Documents. Submit schedule within
30 days of date established for Notice to Proceed.
(1) Distribution: Distribute schedule to Owner, Engineer, testing agencies, and each party
involved in performance of portions of the Work where tests and inspections are required.
PART 2 - PRODUCTS
Not Used
PART 3 - EXECUTION
3.1 REPAIR AND PROTECTION
A. General: On completion of testing, inspecting, sample taking, and similar services, repair
damaged construction and restore substrates and finishes.
October 2022 QUALITY REQUIREMENTS 01400 - 4
UNPAVED ROADS IMPROVEMENTS C.O. PHASE 2
(1) Provide materials and comply with installation requirements specified in other Sections
of these Specifications. Restore patched areas and extend restoration into adjoining areas
in a manner that eliminates evidence of patching.
B. Protect construction exposed by or for quality -control service activities.
C. Repair and protection are Contractor's responsibility, regardless of the assignment of
responsibility for quality -control services.
END OF SECTION
October 2022 QUALITY REQUIREMENTS 01400 - 5
UNPAVED ROADS IMPROVEMENTS C.O. PHASE 2
SECTION 01555
BARRICADES, SIGNS AND TRAFFIC HANDLING
PART 1- GENERAL
1.1 RELATED DOCUMENTS
A Drawings, Construction Contract Clauses, Supplementary Conditions and Division
1 - General Requirements apply to work of this section.
12 DESCRIPTION
A This Item shall govern for providing, installing, moving, replacing, maintaining, cleaning and
removing upon completion of work, all barricades, portable barriers, signs, portable changeable
message signs, cones, lights and other such type devices and of handling traffic as indicated on
the plans or as directed by the Engineer or Owner.
PART2-PRODUCTS
2.1 BARRICADES, SIGNS AND DEVICES
A All barricades, signs and other types of devices listed above shall conform to details shown on
the plans or those indicated in the Texas Manual on Uniform Traffic Control Devices
(TMUTCD). All traffic control devices shall be crashworthy according to the guidelines set
forth in the National Cooperative Highway Research Program (NCHRP) Report 350.
PART 3 - EXECUTION
3.1 GENERAL
A The Contractor shall propose his own Traffic Control Plan (TCP) as necessary for phased
construction.
R This plan must be approved in writing by the Engineer or Owner in order to be used.
C. Prior to beginning work, the Contractor shall designate, in writing, a competent person who
will be responsible and available on this project site or in the immediate are to insure
compliance with the TCP.
D. A barricade permit from the Traffic Engineering Department will be required.
32 MAINTENANCE
A All retroreflective traffic control devices such as barricades, vertical panels, signs, etc., shall
be maintained by cleaning, replacing or a combination thereof such that during darkness and
rain the retroreflective characteristics shall equal or exceed the retroreflective characteristics of
traffic industry standard reflective panels.
END OF SECTION
October 2022 BARRICADES, SIGNS AND TRAFFIC HANDLING 01555 - 1
UNPAVED ROADS IMPROVEMENTS C.O. PHASE 2
SECTION 01576
WASTE MATERIAL DISPOSAL
PART 1- GENERAL
1.1 SUMMARY
A. Section Includes:
(1) Submittals
(2) Salvageable Material
(3) Excess Material
12- SUBMITTALS
A. Obtain and submit disposal permits for proposed disposal sites if required by local
ordinances.
B. Submit a copy of written permission from property owner, along with a description of
property, prior to disposal of excess material adjacent to the Project.
C. Submit a written and signed release from property owner upon completion of disposal work.
D. Both written permission and signed release shall include hold -harmless clauses naming the
City of Lubbock, Texas as the entities to be held harmless in any subsequent legal
proceeding.
E. Both property permissions and signed releases shall be attested to by a notary public.
PART2-PRODUCTS
Not used
PART 3 - EXECUTION
1.1 SALVAGEABLE MATERIAL
A. Asphalt Pavement and Asphalt Stabilized Base shall conform to requirements ofSection
02221 — Removing Existing Pavements.
B. Coordinate the delivery of salvageable material to a specified location with the Owner.
12- EXCESS MATERIAL
A. Vegetation, rubble, broken concrete, debris, asphaltic concrete pavement, excess soil, and
other materials not designated for salvage, shall become the property of the Contractor and
shall be removed from the job site and legally disposed of at a proper facility such as the
West Texas Region Disposal Facility (WTRDF).
B. Excess material may be disposed at the WTRDF at no additional cost to the Owner.
(1) There will be a tipping fee per ton for construction debris and for excess uncontaminated
soil.
(2) There will also be a fee per load for every truck that is not covered properly when coming
to the landfill.
October 2022 WASTE MATERIAL DISPOSAL 01576 - 1
UNPAVED ROADS IMPROVEMENTS C.O. PHASE 2
(3) For a complete list of fees associated with the WTRDF, please go to the City's website at
http://solidwaste.ci.lubbock.tx.us/disposal/fees.aspx.
(4) All tipping fees shall be considered to be included in the Contractor's bid prices.
C. Excess soil maybe deposited on private property adjacent to the Project if approved by the
Owner and when written permission is obtained from the property owner.
D. Waste materials shall be removed from the site on a daily basis, such that the site is
maintained in a neat and orderly condition.
END OF SECTION
October 2022 WASTE MATERIAL DISPOSAL 01576 - 2
UNPAVED ROADS IMPROVEMENTS C.O. PHASE 2
SECTION 01600
PRODUCT REQUIREMENTS
PART 1- GENERAL
1.1 RELATED DOCUMENTS
A. Drawings, Construction Contract Clauses, Supplementary Conditions and Division 1 - General
Requirements apply to work of this section.
12 SECTION INCLUDES
A. Products.
B. Transportation and handling.
C. Storage and protection.
D. Product options.
E. Substitutions.
13 RELATED SECTIONS
A. Information to Bidders: Product options and substitution procedures.
B. Section 01400 -Quality Requirements.
1.4 PRODUCTS
A. Products: Means new material, machinery, components, equipment, fixtures, and systems
forming the Work. Does not include machinery and equipment used for preparation,
fabrication, conveying and erection of the Work. Products may also include existing materials
or components required for reuse.
B. Do not use materials and equipment removed from existing premises, except as specifically
permitted by the Contract Documents.
C. Provide interchangeable components of the same manufacturer, for similar components.
15 PRODUCT DELIVERY, STORAGE AND HANDLING
A. Delivery
1. Deliver materials, products and equipment to the project site in undamaged condition in
manufacturer's original, unopened containers or packaging, with identifying labels intact
and legible.
2- Promptly inspect shipments to assure that products comply with requirements, quantities
are correct, and products are undamaged.
3. Provide equipment and personnel to handle products by methods to prevent soiling,
disfigurement, or damage.
4. Arrange deliveries in accordance with the construction schedule and in ample time to
facilitate inspection prior to installation to avoid unnecessary delays in the construction
process.
October 2022 PRODUCT REQUIREMENTS 01600 - 1
UNPAVED ROADS IMPROVEMENTS C.O. PHASE 2
B. Storage
1. Store and protect products in accordance with manufacturer's instructions, with seals and
labels intact and legible. Store sensitive products in weather -tight, climate controlled
enclosures.
2 For exterior storage of fabricated products, place on sloped supports, above ground.
3. Provide off -site storage and protection when site does not permit on -site storage or
protection.
4. Cover products subject to deterioration with impervious sheet covering. Provide ventilation
to avoid condensation.
5. Store loose granular materials on solid flat surfaces in a well -drained area. Prevent mixing
with foreign matter.
6. Provide equipment and personnel to store products by methods to prevent soiling,
disfigurement, or damage.
7. Arrange storage of products to permit access for inspection in a local warehouse.
Periodically inspect to assure products are undamaged and are maintained under specified
conditions.
K Materials, products and equipment may be stored off site in a bonded and insured local
warehouse approved by the Engineer and Owner. Pay all costs incurred for off -site storage
facilities. Products properly stored in off -site storage facilities may be included in progress
pay requests with written approval of the Owner.
C. Handling
1. Handle materials, products and equipment in a manner prescribed by manufacturer or
specified to protect from damage during storage and installation.
1.6 PRODUCT OPTIONS
A. Products Specified by Reference Standards or by Description Only: Any product meeting
those standards or description.
B. Products Specified by Naming One or More Manufacturers: Products of manufacturers named
and meeting specifications, no options or substitutions allowed.
C. Products Specified by Naming One or More Manufacturers with a Provision for Substitutions:
Submit a request for substitution for any manufacturer not named.
1.7 SUBSTITUTIONS
A. For bidding purposes as provided in "Information to Bidders".
B. Substitutions may be considered when a product becomes unavailable through no fault of the
Contractor.
C. Document each request with complete data substantiating compliance of proposed Substitution
with Contract Documents.
D. A request constitutes a representation that the Bidder:
1. Has investigated proposed product and determined that it meets or exceeds the quality level
of the specified product.
2 Will provide the same warranty for the Substitution as for the specified product.
October 2022 PRODUCT REQUIREMENTS 01600 - 2
UNPAVED ROADS IMPROVEMENTS C.O. PHASE 2
3. Will coordinate installation and make changes to other Work which may be required for
the Work to be complete with no additional cost to Owner.
4. Waives claims for additional costs or time extension which may subsequently become
apparent.
5. Will reimburse Owner for review or redesign services associated with re -approval by
authorities.
E. Substitutions will not be considered when they are indicated or implied on shop drawing or
product data submittals, without separate written request, or when acceptance will require
revision to the Contract Documents.
F. Substitution Submittal Procedure:
1. Submit four copies of request for Substitution for consideration. Limit each request to one
proposed Substitution.
2- Submit shop drawings, product data, and certified test results attesting to the proposed
product equivalence.
3. The Engineer will notify Contractor, in writing, of decision to acceptor reject request.
PART2-PRODUCTS
Not Used
PART 3 - EXECUTION
Not Used
END OF SECTION
October 2022 PRODUCT REQUIREMENTS 01600 - 3
UNPAVED ROADS IMPROVEMENTS C.O. PHASE 2
SECTION 01700
CONTRACT CLOSEOUT
PART 1- GENERAL
1.1 RELATED DOCUMENTS
A. Drawings, Construction Contract Clauses, Supplementary Conditions and Division 1 - General
Requirements apply to work of this section.
12- SECTION INCLUDES
A. Closeout procedures.
B. Final cleaning.
C. Adjusting.
D. Project record documents.
E. Operation and maintenance data.
F. Warranties.
13 RELATED SECTIONS
A. Section 01500 —Temporary Facilities and Controls.
1.4 CLOSEOUT PROCEDURES
A. Submit written certification that Contract Documents have been reviewed, Work has been
inspected, and that Work is complete in accordance with Contract Documents and ready for
Engineer's inspection.
B. Should the Engineer consider the work incomplete or defective:
1. The Engineer will promptly notify the Contractor in writing, listing the incomplete or
defective work.
2. The Contractor shall take immediate steps to remedy the stated deficiencies and
submit a second written certification that the work is complete.
3. The Engineer will re -inspect the work.
C. Provide submittals to Engineer that are required by governing or other authorities.
D. Submit final Application for Payment identifying total adjusted Contract Sum, previous
payments, and sum remaining due.
15 FINAL CLEANING
A. Execute final cleaning prior to final inspection.
B. Clean site; sweep paved areas, rake clean landscaped surfaces.
C. Remove waste and surplus materials, rubbish, and construction facilities from the site.
D. Repair, patch and touch-up marred surfaces to match adjacent finishes.
1.6 ADJUSTING
A. Adjust operating Products and equipment to ensure smooth and unhindered operation.
October 2022 CONTRACT CLOSEOUT 01700 - 1
UNPAVED ROADS IMPROVEMENTS C.O. PHASE 2
1.7 PROJECT RECORD DOCUMENTS
A. Maintain on site, one set of the following record documents; record actual revisions to the
Work:
1. Contract Drawings.
2. Specifications.
3. Addenda.
4. Change Orders and other Modifications to the Contract.
5. Reviewed shop drawings, product data, and samples.
B. Store Record Documents separate from documents used for construction.
C. Record information concurrent with construction progress.
D. Specifications: Legibly mark and record at each Product section description of actual Products
installed, including the following:
1. Manufacturer's name and product model and number.
2. Product substitutions or alternates utilized.
3. Changes made by Addenda and Modifications.
E. Record Documents and Shop Drawings: Legibly mark each item to record actual construction
including:
1. Measured horizontal and vertical locations of underground utilities and appurtenances,
referenced to permanent surface improvements.
2. Field changes of dimension and detail.
3. Details not on original Contract Drawings.
4. Changes made by addenda and modification.
F. Submit documents to Engineer as line segment installation is completed and with claim for
final Application for Payment.
1.8 WARRANTIES
A. Provide duplicate notarized copies.
B. Execute and assemble documents from Subcontractors, suppliers, andmanufacturers.
C. Provide Table of Contents and assemble with metal prong binder in durable plastic
presentation cover.
D. Submit prior to final Application for Payment.
E. For items of Work delayed beyond date of Substantial Completion, provide updated submittal
within ten (10) days after acceptance, listing date of acceptance as start of warranty period.
F. Provide Affidavit of Bills Paid as required by General Contract Conditions and Owner.
19 SPARE PARTS AND MAINTENANCE MATERIALS
A. Provide products, spare parts, maintenance and extra materials in quantities specified in
individual specification Sections.
B. Deliver to project site and place in locations as directed; obtain receipt prior to final payment.
October 2022 CONTRACT CLOSEOUT 01700 - 2
UNPAVED ROADS IMPROVEMENTS C.O. PHASE 2
PART2-PRODUCTS
Not Used
PART 3 - EXECUTION
Not Used
END OF SECTION
October 2022 CONTRACT CLOSEOUT 01700 - 3
UNPAVED ROADS IMPROVEMENTS C.O. PHASE 2
SECTION 02050
REMOVAL, DEMOLITION AND SALVAGE
PART 1- GENERAL
1.1 RELATED DOCUMENTS
A. Drawings, Construction Contract Clauses, Supplementary Conditions and Division I - General
Requirements apply to work of this section.
12- SECTION INCLUDES
A. Disconnecting and capping of identified utilities.
13 RELATED SECTIONS
A. Section 01039 -Coordination and Meetings
B. Section 01600 —Product Requirements.
C. Section 01700 -Contract Closeout: Project record documents.
1.4 JOINT INSPECTION
A. Prior to demolition, a joint inspection by the Owner, Engineer and Contractor will be made to
determine condition of existing structures adjacent to items being demolished. Adjacent
structures damaged by demolition operations must be restored satisfactorily at no expense to
the Owner.
15 PROJECT RECORD DOCUMENTS
A. Submit under provisions of Section 01700 —Contract Closeout.
B. Accurately record actual locations of capped utilities and subsurface obstructions.
1.6 QUALIFICATIONS
A. Experience in performing the Work of this Section.
1.7 DISPOSITION OF MATERIALS AND EQUIPMENT
A. Ownership of Material and Equipment
(1) Certain materials and equipment may be designated for reuse or salvage and will remain
the Owner's property. If the designated items are damaged during demolition, handling or
storage, the items must be restored satisfactorily at no expense to the Owner.
(2) Materials and equipment not designated for reuse or salvage become the Contractor's
property.
B. Disposal. All materials and equipment not designated for reuse or salvage shall be disposed of
by the Contractor at no expense to the Owner.
C. Reuse. Other items maybe designated for reuse as directed by the Owner's Representative.
1.8 REGULATORY REQUIREMENTS
A. Conform to applicable code for demolition of structures, safety of adjacent structures, dust
control, runoff control and disposal.
B. Obtain required permits from authorities.
October 2022 REMOVAL, DEMOLITION AND SALVAGE 02050 - 1
UNPAVED ROADS IMPROVEMENTS C.O. PHASE 2
C. Notify affected utility companies before starting work and comply with their requirements.
D. Do not close or obstruct roadways, sidewalks or hydrants withoutpermits.
E. Conform to applicable regulatory procedures when discovering hazardous or contaminated
materials.
19 SCHEDULING
A. Schedule work under the provisions of Section 01039 —Coordination andMeetings.
B. Schedule Work to coincide with new construction.
C. Describe demolition removal procedures and schedule.
PART2-PRODUCTS
Not Used
PART 3 - EXECUTION
3.1 PREPARATION
A. Provide, erect, and maintain temporary barriers and security devices.
B. Protect existing landscaping materials, appurtenances and structures which are not to be
demolished.
C. Prevent movement or settlement of adjacent structures. Provide bracing andshoring.
D. Mark location of utilities.
32 PROTECTION OF PERSONS AND PROPERTY
A. The Contractor is responsible for providing protection of persons and property, including safe
working conditions throughout work progress.
B. Minimize the spread of dust and flying particles. Execute demolition in a manner to prevent
damage from falling debris or other sources to Owner's property or adjacent property.
C. Do not interfere with use of adjacent structures; maintain free and safe access at all times. Guard
against movement or settlement of adjacent structures. The Contractor is responsible for safety
and integrity of adjacent structures and, consequently, is liable for any movement or settlement
and any resulting injuries or damage. Provide proper bracing and shoring necessary for support.
If safety of adjacent buildings appears to be endangered, cease operations. Do not resume
demolition until proper protective measures have been taken.
33 DEMOLITION REQUIREMENTS
A. Conduct demolition to minimize interference with adjacent structures.
B. Cease operations immediately if adjacent structures appear to be in danger. Notify Engineer.
Do not resume operations until directed.
C. Conduct operations with minimum interference to public or private accesses. Maintain
protected egress and access at all times.
October 2022 REMOVAL, DEMOLITION AND SALVAGE 02050 - 2
UNPAVED ROADS IMPROVEMENTS C.O. PHASE 2
D. Obtain written permission from adjacent property owners when demolition equipment will
traverse, infringe upon or limit access to their property.
E. Sprinkle Work with water to minimize dust. Provide hoses and water connections for this
purpose.
3.4 BLASTING
A. Blasting is not permitted on this project.
35 FIRES
A. Fires are not permitted on this project.
3.6 UTILITY SERVICES
A. Disconnecting
Seal abandoned storm or sanitary sewers with concrete or by another approved method.
B. Interruption
When temporary interruption of utility service to an occupied building is required by the
work, properly coordinate the outage to prevent untimely or damaging interruptions.
3.7 DEMOLITION
A. Disconnect, remove and cap designated utilities within demolition areas.
B. Remove foundation walls and footings to a minimum of four feet below finished grade 10 feet
beyond area of new construction.
C. Remove concrete slabs on grade.
D. Remove materials to be re -installed or retained in manner to prevent damage. Store and protect
in accordance with requirements of Section 01600 — Product Requirements.
E. Rough grade and compact areas affected by demolition to maintain site grades and contours.
F. Remove demolished materials from site.
G. Do not burn or bury materials on site. Leave site in cleancondition.
H. Remove all temporary work.
3.8 GENERAL WORK ITEMS
A. Contractor may use equipment and materials necessary to properly complete the demolition.
Operational procedures are at the Contractor's option but must not interfere with the execution
of other work. Materials or equipment designated for reuse or salvage shall be carefully
removed, transported and stored in approved storage areas.
B. Structures. Remove structures entirely, including footings, contents, attachments and
improvements. Carefully remove and lower structural steel.
C. Removing and Replacing Concrete. Use these procedures where existing concrete must be
removed to facilitate operations but will be replaced subsequently.
(1) Make initial cut with a concrete saw exercising care to avoid cutting reinforcement.
(2) After removing concrete, cut cross bars at center of breakout and bend back.
October 2022 REMOVAL, DEMOLITION AND SALVAGE 02050 - 3
UNPAVED ROADS IMPROVEMENTS C.O. PHASE 2
(3) Before replacing concrete, bend bars back to the original position and provide a splice bar
for each cut bar. Splice bars must be the size of cut bars and of a length to lap each cut end
a minimum of 20 diameters of the bar, unless restricted by the job conditions.
(4) Immediately before placing new concrete, thoroughly clean old concrete and apply a
heavy coat of bonding agent.
(5) Replace concrete as specified in Division 3 - Concrete.
D. Backfill
(1) Backfill holes or other hazardous openings resulting from demolition with an approved
material to the density of adjacent soil as specified in the section describing Earthwork.
(2) Backfilling with rubbish or burying on the site is notpermitted.
E. Cleaning. Keep the work areas free of accumulated debris. Materials and equipment that are
not for reuse of salvage must be removed from the site daily, unless otherwise approved.
39 MECHANICAL WORK ITEMS
A. Remove existing mechanical work items to the extent necessary to accommodate new work.
3.10 ELECTRICAL WORK ITEMS
A. Unless otherwise noted, remove all electrical materials and equipment from areas indicated for
demolition and from site.
B. Remove existing conduit to the extent necessary to accommodate new work or to a minimum
of 5 feet beyond area indicated for demolition, whichever is greater.
C. Remove all wiring from abandoned conduit.
D. Seal abandoned conduits.
E. Existing electrical services and controls to items being removed must be disconnected.
3.11 SCHEDULES
A. No salvage material or equipment shall be reused on the project unless specifically provided
for in the Specifications or so noted on the drawings.
END OF SECTION
October 2022 REMOVAL, DEMOLITION AND SALVAGE 02050 - 4
UNPAVED ROADS IMPROVEMENTS C.O. PHASE 2
SECTION 02221
REMOVING EXISTING PAVEMENTS
PART 1- GENERAL
1.1 RELATED DOCUMENTS
A. Drawings, Construction Contract Clauses, Supplementary Conditions and
Division 1 - General Requirements apply to work of this section.
12 SECTION INCLUDES
A. This section of the specifications covers the removal of existing pavements. Included, but not
limited to the following are: concrete paving, asphaltic paving, concrete curb and/or gutter,
concrete sidewalks, and miscellaneous items.
13 RELATED SECTIONS
A.
Section 01576
— Waste Material Disposal.
B.
Section 02300
— Earthwork.
C.
Section 02317
— Excavation and Backflll for Structures.
D.
Section 03300
— Cast -in -Place Concrete.
E.
City of Lubbock Public Works Engineering — Minimum Design Standards and Specifications.
1.4 REGULATORY REQUIREMENTS
A. Conform to applicable codes for disposal of debris. Refer to Section 01576 —Waste Material
Disposal.
B. Coordinate removal work with utility companies.
PART 2 - PRODUCTS
Not Used
PART 3 - EXECUTION
3.1 PREPARATION
A. Obtain advance approval from Engineer for dimensions and limits of removal work.
B. Identify all utilities below grade. Stake and flag locations.
C. Prior to removal of any concrete curb and gutter, Contractor shall survey the section of curb
and gutter to determine existing grades and elevations. Submit survey field notes to the
Engineer prior to removal of curb and gutter. All curb and gutter to be replaced will be installed
to the original grades and elevations unless otherwise shown on the drawings or as approved
by the Owner and Engineer.
October 2022 REMOVING EXISTING PAVEMENTS 02221 - 1
UNPAVED ROADS IMPROVEMENTS C.O. PHASE 2
32 PROTECTION
A. Protect the following from damage or displacement:
(1) Adjacent public and private property.
(2) Trees, plants, and other landscape features designated to remain.
(3) Utilities not designated to be removed.
(4) Pavement and utility structures not designated to be removed.
(5) Benchmarks, monuments, and existing structures not designated to be removed.
33 REMOVALS
A. Remove pavements and structures by methods that will not damage underground utilities. Do
not use a drop hammer near existing underground utilities.
B. Minimize amount of earth loaded during removal operations.
C. Where existing pavement is to remain, make straight saw cuts in existing pavement to provide
clean breaks prior to removal. Do not break concrete pavement or base with drop hammer
unless concrete or base has been saw cut to a minimum depth of 2 inches.
D. Where street and driveway saw cut locations coincide or fall within 3 feet of existing
construction or expansion joints, break out to existing joint.
E. Remove sidewalks and curbs to nearest existing dummy, expansion, or construction joint.
F. Any existing concrete which is damaged or destroyed beyond the neat lines so established shall
be replaced at the Contractor's expense.
G. Remaining concrete shall be mortared to protect the reinforcing steel and provide a neat clean
appearance.
H. Where reinforcement is encountered in the removed portions of structures to be modified, a
minimum of 1-foot of steel length shall be cleaned of all old concrete and left in place to tie
into the new construction where applicable.
3.4 BACKFILL
A. Backfill of removal zones shall be in accordance with requirements of Section 02300
— Earthwork or Section 02317 — Excavation and Backfill for Structures as applicable to the
specific portion of the work.
35 DISPOSAL
A. Remove from the site debris resulting from work under this section in accordance with
requirements of Section 01576 — Waste Material Disposal.
END OF SECTION
October 2022 REMOVING EXISTING PAVEMENTS 02221 - 2
UNPAVED ROADS IMPROVEMENTS C.O. PHASE 2
SECTION 02240
DEWATERING
PART 1- GENERAL
1.1 SUMMARY
A. This Section includes construction dewatering procedures and requirements.
(1) A geotechnical survey has not been performed at the site.
(2) This Section shall be applicable only if ground water begins to enter the trench.
(3) Any required dewatering for this project shall be considered subsidiary to pipeline and
manhole installation and no separate compensations will be paid.
B. Section Includes:
(1)
Submittals
(2)
Performance Requirements
(3)
Quality Assurance
(4)
Project Conditions
(5)
Preparation
(6)
Installation
(7)
Observation Wells
12 SUBMITTALS
A. Shop Drawings for Information:
(1) For dewatering system, show arrangements, locations, and details of wells and well
points; locations of headers and discharge lines; and means of discharge and disposal of
water.
(2) Include layouts of piezometers and flow -measuring devices for monitoring performance
of dewatering system.
(3) Include written report outlining control procedures to be adopted if dewatering problems
arise.
(4) Photographs or videotape, sufficiently detailed, of existing conditions of adjoining
construction and site improvements that might be misconstrued as damage caused by
dewatering operations.
(5) Record drawings at Project closeout identifying and locating capped utilities and other
subsurface structural, electrical, or mechanical conditions performed during dewatering.
(6) Note locations and capping depth of wells and well points.
B. Field Test Reports:
(1) Before starting excavation, submit test results and computations demonstrating that
dewatering system is capable of meeting performance requirements.
October 2022 DEWATERING 02240-1
UNPAVED ROADS IMPROVEMENTS C.O. PHASE 2
13 PERFORMANCE REQUIREMENTS
A. Design, furnish, install, test, operate, monitor, and maintain dewatering system of sufficient
scope, size, and capacity to control ground water flow into excavations and permit
construction to proceed on dry, stable ground.
B. Maintain dewatering operations to ensure erosion control, stability of excavations and
constructed slopes, that excavation does not flood, and that damage to subgrades and
permanent structures is prevented.
C. Prevent surface water from entering excavations by grading, dikes, and other means approved
by the Engineer.
D. Remove dewater system if no longer needed.
1.4 QUALITY ASSURANCE
A. Comply with water disposal requirements of authorities having jurisdiction.
15 PROJECT CONDITIONS
A. Existing Utilities:
(1) Do not interrupt utilities serving facilities occupied by Owner or others unless permitted
in writing by the Engineer and then only after arranging to provide temporary utility
services according to requirements indicated.
B. Project Site Information:
(1) A geotechnical report has not been prepared for the Project area.
(2) The Contractor, at own expense, may make test borings and conduct other exploratory
operations necessary for dewatering.
(3) Survey adjacent structures and improvements, employing a qualified professional
engineer or land surveyor, establishing exact elevations at fixed points to act as
benchmarks.
(4) Clearly identify benchmarks and record existing elevations.
(5) During dewatering, regularly resurvey benchmarks, maintaining an accurate log of
surveyed elevations for comparison with original elevations.
(6) Promptly notify the Engineer if changes in elevations occur or if cracks, sags, or other
damage is evident in adjacent construction.
PART2-PRODUCTS
Not used
PART 3 - EXECUTION
3.1 PREPARATION
A. Protect structures, utilities, sidewalks, pavements, and other facilities from damage caused by
settlement, lateral movement, undermining, washout, and other hazards created by
dewatering operations.
B. Prevent surface water and subsurface or ground water from entering excavations, ponding on
prepared subgrades, and from flooding site and surrounding area.
C. Protect subgrades and foundation soils from softening and damage by rain orwater
accumulation.
October 2022 DEWATERING 02240-2
UNPAVED ROADS IMPROVEMENTS C.O. PHASE 2
D. Install dewatering system to ensure minimum interference with roads, streets, walks, and
other adjacent occupied and used facilities.
E. Do not close or obstruct streets, walks, or other adjacent occupied or used facilities without
permission from Owner and authorities having jurisdiction.
(1) Provide alternate routes around closed or obstructed traffic ways if required by authorities
having jurisdiction.
32 INSTALLATION
A. Install dewatering system utilizing wells, well points, or similar methods complete with pump
equipment, standby power and pumps, filter material gradation, valves, appurtenances, water
disposal, and surface -water controls.
B. Before excavating below ground water level, place system into operation to lower water to
specified levels.
C. Operate system continuously until drains, sewers, and structures have been constructed and
fill materials have been placed, or until dewatering is no longer required.
D. Provide an adequate system to lower and control ground water to permit excavation,
construction of structures, and placement of fill materials on dry subgrades.
E. Install sufficient dewatering equipment to drain water -bearing strata above and below bottom
of foundations, drains, sewers, and other excavations.
F. Do not permit open -sump pumping that leads to loss of fines, soil piping, subgrade softening,
and slope stability.
G. Reduce hydrostatic head in water -bearing strata below subgrade elevations of foundations,
drains, sewers, and other excavations.
R Maintain piezometric water level a minimum of sixty (60) inches below surface of
excavation.
L Dispose of water removed by dewatering in a manner that avoids endangering public health,
property, and portions of work under construction or completed.
J. Dispose of water in a manner that avoids inconvenience to others.
K Provide sumps, sedimentation tanks, and other flow -control devices as required by authorities
having jurisdiction.
L. Provide standby equipment on -site, installed and available for immediate operation, to
maintain dewatering on continuous basis if any part of system becomes inadequate or fails.
M. If dewatering requirements are not satisfied due to inadequacy or failure of dewatering
system, restore damaged structures and foundation soils at no additional expense to Owner.
N. Remove dewatering system from Project Site on completion of dewatering.
O. Plug or fill well holes with sand or cut off and cap wells a minimum of thirty-six (36) inches
below overlying construction.
P. Promptly repair damages to adjacent facilities caused by dewatering operations.
33 OBSERVATION WELLS
A. Provide, take measurements, and maintain at least the minimum number of observation wells
or piezometers indicated and additional observation wells as may be required by authorities
having jurisdiction.
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UNPAVED ROADS IMPROVEMENTS C.O. PHASE 2
B. Observe and record daily elevation of ground water and piezometric water levels in
observation wells.
C. Repair or replace, within twenty-four (24) hours, observation wells that become inactive,
damaged, or destroyed.
D. Suspend construction activities in areas where observation wells are not functioning properly
until reliable observations can be made.
E. Add or remove water from observation well risers to demonstrate that observation wells are
functioning properly.
F. Fill observation wells, remove piezometers, and fill holes when dewatering is completed.
END OF SECTION
October 2022 DEWATERING 02240-4
UNPAVED ROADS IMPROVEMENTS C.O. PHASE 2
SECTION 02260
EXCAVATION SUPPORT AND PROTECTION
PART 1- GENERAL
1.1 SUMMARY
A. This Section includes temporary excavation support and protection systems.
B. Section Includes:
(1) Submittals
(2) Performance Requirements
(3) Project Conditions
(4) Materials
(5) Preparation
(6) Sheet Piling
(7) Trench Boxes
(8) Trenching Procedures
12 SUBMITTALS
A. Shop Drawings for Information:
(1) Prepared by or under the supervision of a qualified Professional Engineer for excavation
support and protection systems.
(2) Include Shop Drawings signed and sealed by a Texas Licensed Professional Engineer
responsible for their preparation.
B. Qualification data for installer and Professional Engineer.
C. Photographs or videotape, sufficiently detailed, of existing conditions of adjoining
construction and site improvements that might be misconstrued as damage caused by the
absence of, the installation of, or the performance of excavation support and protection
systems.
13 PERFORMANCE REQUIREMENTS
A. Design, furnish, install, monitor, and maintain excavation support and protection system
capable of supporting excavation sidewalls and of resisting soil and hydrostatic pressure and
superimposed and construction loads.
B. Provide professional engineering services needed to assume engineering responsibility,
including preparation of Shop Drawings and a comprehensive engineering analysis by a
qualified Professional Engineer.
C. Prevent surface water from entering excavations by grading, dikes, or other means approved
by the Engineer.
D. Install excavation support and protection systems without damaging existing buildings,
pavements, and other improvements adjacent to excavation.
1.4 PROJECT CONDITIONS
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A. Existing Utilities:
(1) Do not interrupt utilities serving facilities occupied by Owner or others unless permitted
in writing by the Engineer and then only after arranging to provide temporary utility
services according to requirements indicated.
B. Project Site Information:
(1) Survey adjacent structures and improvements, employing a qualified professional
engineer or land surveyor, establishing exact elevations at fixed points to act as
benchmarks.
(2) Clearly identify benchmarks and record existing elevations.
(3) During installation of excavation support and protection systems, regularly resurvey
benchmarks, maintaining an accurate log of surveyed elevations and positions for
comparison with original elevations and positions.
(4) Promptly notify the Engineer if changes in elevations or positions occur, or if cracks,
sags, or other damage is evident in adjacent construction.
PART 2 - PRODUCTS
21 MATERIALS
A. Provide materials that are either new or in serviceable condition.
B. Structural Steel: ASTM A36/A 36M, ASTM A690/A 690 M, ASTM A 992/ A 992M.
C. Steel Sheet Piling: ASTM A 328/A 328M, ASTM A 572/ A 572M, or ASTM A690/A
690M; with continuous interlocks.
PART 3 - EXECUTION
3.1 PREPARATION
A. Project structures, utilities, sidewalks, pavements, and other facilities from damage caused by
settlement, lateral movement, undermining, washout, and other hazards that could develop
during excavation support and protection systems operations.
B. Shore, support, and protect utilities encountered.
C. Install excavation support and protection systems to ensure minimum interference with roads,
streets, walks, and other adjacent occupied and used facilities.
D. Do not close or obstruct streets, walks, or other adjacent occupied or used facilities without
permission from Owner and authorities having jurisdiction.
(1) Provide alternate routes around closed or obstructed traffic ways if required by authorities
having jurisdiction.
E. Locate excavation support and protection systems clear of permanent construction so that
forming and finishing of concrete surfaces is not impeded.
F. Monitor excavation support and protection systems daily during excavation progress and for
as long as excavation remains open.
G. Promptly correct bulges, breakage, or other evidence of movement to ensure that excavation
support and protection systems remain stable.
I- Promptly repair damages to adjacent facilities caused by installing excavation support and
protection systems.
October 2022 EXCAVATION SUPPORT AND PROTECTION 02260-2
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32 SHEET PILING
A. Before starting excavation, install one-piece sheet piling lengths and tightly interlock to form
a continuous barrier.
B. Limit vertical offset of adjacent sheet piling to sixty (60) inches.
C. Accurately align exposed faces of sheet piling to vary not more than two (2) inches from a
horizontal line and not more than 1:120 out of vertical alignment.
D. Cut tops of sheet piling to uniform elevation at top of excavation.
33 TRENCH BOXES
A. Provide Engineer approved trench boxes sufficient for depth and width of open -cut trench.
B. All exposed trench shall be protected.
3.4 TRENCHING PROCEDURES
A. Provide shoring systems in accordance with the Contractor's submitted design to adequately
resist earth pressures.
B. Proceed with work in an orderly fashion.
C. Install trench bracing systems as soon as possible after opening trenches.
D. Do not allow workers in trench prior to installing trench bracing systems.
E. Backfill trenches as soon as possible after completion of work.
F. Stockpile excavated materials at three (3) feet away from edge of trench.
G. Maintain barricades and signage as required by State and Local codes to protect open
excavations.
H. Do not allow surface water to enter excavations.
I Properly grade areas adjacent to trench excavations to control surface drainage away from
excavations.
J. If cut back method is allowed by Owner and is employed, maintain a clear distance of three
(3) feet from edge of cut to avoid allowing loose material to enter trench.
K Cut back method may not be used where there is insufficient work area to employ it.
L. Do not operate heavy equipment except for trench digging or pipe laying equipment within
twenty (20) feet of edge of excavation.
M. Haul trucks, if needed, may operate closer than twenty (20) feet to trench edge provided the
Contractor deems it safe to do so.
35 REMOVAL AND REPAIRS
A. Remove excavation support and protection systems when construction has progressed
sufficiently to support excavation and bear soil and hydrostatic pressures.
B. Remove in stages to avoid disturbing underlying soils or damaging structures, pavements,
facilities, and utilities.
END OF SECTION
October 2022 EXCAVATION SUPPORT AND PROTECTION 02260-3
UNPAVED ROADS IMPROVEMENTS C.O. PHASE 2
SECTION 02300
EARTHWORK
PART 1- GENERAL
1.1 RELATED DOCUMENTS
A. Drawings, Construction Contract Clauses, Supplementary Conditions and Division 1 - General
Requirements apply to work of this section
12 SECTION INCLUDES
A. This section of the specifications refers to general excavation of various materials at storm sewer
inlets, storm sewer outlets, channel grading, subgrade preparation related to paving, flexible base,
topsoil placement, and other miscellaneous grading items. For trenching -specific earthwork and
excavations at least five feet deep, refer to Section 02317 — Excavation and Backfill for Utilities.
13 RELATED SECTIONS
A. Section 01400 —Quality Requirements.
B. Section 02317 — Excavation and Backfill for Utilities.
C. Section 03300 - Cast -in -Place Concrete.
D. City of Lubbock Public Works Engineering — Minimum Design Standards and Specifications.
1.4 REFERENCES
AMERICAN SOCIETY FOR TESTING AND MATERIALS (ASTM)
ASTM C 136 (2001) Sieve Analysis of Fine and Coarse Aggregates
ASTM D 422 (1963; R 2002) Particle -Size Analysis of Soils
ASTM D 698 (2000a) Test Method for Laboratory Compaction Characteristics of Soil
Using Standard Effort (12,400 ft — lb/ft3).
ASTM D 1140 (2000) Amount of Material in Soils Finer than the No. 200 (75-
micrometer) Sieve
ASTM D 1556 (2000) Density and Unit Weight of Soil in Place by the Sand -Cone
Method
ASTM D 1557 (2002) Test Methods for Laboratory Compaction Characteristics of Soil
Using Modified Effort (56,000 ft — lbf/ft3)
ASTM D1586 (1999) Penetration Test and Split -Barrel Sampling of Soils
ASTM D 2487 (2000) Classification of Soils for Engineering Purposes (Unified Soil
Classification System)
ASTM D 2922 (2001) Density of Soil and Soil -Aggregate in Place by Nuclear Methods
(Shallow Depth)
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UNPAVED ROADS IMPROVEMENTS C.O. PHASE 2
ASTM D 3017 (2001) Water Content of Soil and Rock in Place by Nuclear Methods
(Shallow Depth)
ASTM D 4318 (2000) Liquid Limit, Plastic Limit, and Plasticity Index of Soils
15 DEFINITIONS
A. Backfill: Soil materials used to fill an excavation.
B. Base Course: Layer placed between the subbase course and asphalt paving.
C. Borrow: Satisfactory soil imported from off -site for use as fill or backfill.
D. Excavation: Removal of material encountered above subgrade elevations.
1. Additional Excavation: Excavation below subgrade elevations as directed by Engineer.
Additional excavation and replacement material will be paid for according to Contract
provisions for changes in the Work.
2. Bulk Excavation: Excavations more than 20 feet in width and pits more than 30 feet in either
length or width, and not associated with trenching for pipe installation.
3. Unauthorized Excavation: Excavation below subgrade elevations or beyond indicated
dimensions without direction by Engineer. Unauthorized excavation, as well as remedial
work directed by Engineer, shall be without additional compensation.
E. Fill: Soil materials used to raise existing grades.
F. Structures: Buildings, footings, foundations, retaining walls, slabs, tanks, curbs, mechanical and
electrical appurtenances, or other man-made stationary features constructed above or below the
ground surface.
G. Subbase Course: Layer placed between the subgrade and base course for asphalt paving, or layer
placed between the subgrade and a concrete pavement or walk.
H. Subgrade: Surface or elevation remaining after completing excavation, or top surface of a fill or
backfill immediately below subbase, drainage fill, or topsoil materials.
I. Utilities: Include on -site underground pipes, conduits, ducts, and cables.
Suitable Material: Suitable soil materials are those meeting specification requirements.
Unsuitable soils meeting specification requirements for suitable soils after treatment with lime or
cement are considered suitable, unless otherwise indicated.
K. Unsatisfactory Materials: Materials which do not comply with the requirements for satisfactory
materials are unsatisfactory. Unsatisfactory materials also include man-made fills; trash; refuse;
backfills from previous construction; and material classified as satisfactory which contains root
and other organic matter or frozen material. The Engineer shall be notified of any contaminated
materials.
L. Cohesionless and Cohesive Materials: Cohesionless materials include materials classified in
ASTM D 2487 as GW, GP, SW, and SP. Cohesive materials include materials classified as GC,
SC, ML, CL, MH, and CH. Materials classified as GM and SM will be identified as cohesionless
only when the fines are nonplastic. Testing required for classifying materials shall be in
accordance with ASTM D 4318, ASTM C 136, ASTM D 422, and ASTM D 1140.
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UNPAVED ROADS IMPROVEMENTS C.O. PHASE 2
M. Degree of Compaction: Degree of compaction required is expressed as a percentage of the
maximum density obtained by the test procedure presented in ASTM D 698 or ASTM D 1557 as
designated in the Contract Documents abbreviated as a percent of laboratory maximum density.
Procedure A, B or C shall be applied as applicable along with corrections according to ASTM D
4718. For free draining soils, use maximum reference density according to ASTM D 4253.
N. Topsoil: Material suitable for topsoils obtained from offsite areas or the top 3 feet of excavated
material shall be defined as clean and uncontaminated soils capable of sustaining plant life.
1.6 SUBMITTALS
A. Material Reports
1. Classification according to ASTM D 2487 for each site of borrow soil material.
2 Laboratory compaction curve according to ASTM D 698 for each on -site or borrow soil
material.
1.7 QUALITY ASSURANCE
A. Refer to Section 01400 —Quality Requirements.
PART2-PRODUCTS
21 SOIL MATERIALS
A. General: Provide borrow soil materials when sufficient satisfactory soil materials are not
available from excavations. Refer to Section 02318 — Borrow.
B. Satisfactory Soils: ASTM D 2487 soil classification groups GW, GP, GM, SW, SP, and SM, or
a combination of these group symbols; free of rock or gravel larger than 3 inches in any
dimension, debris, waste, frozen materials, vegetation, and other deleterious matter. Satisfactory
soils should have a liquid limit of 45 maximum and a plasticity index of 15 maximum.
C. Unsatisfactory Soils: ASTM D 2487 soil classification groups GC, SC, ML, MH, CL, CH, OL,
OH, and PT, or a combination of these group symbols.
1. Unsatisfactory soils also include satisfactory soils not maintained within 2 percent of
optimum moisture content at time of compaction.
D. Backfill and Fill: Satisfactory soil materials.
E. Subbase: Satisfactory soils.
F. Flexible Base:
1. The material for flexible base shall consist of crushed caliche (limestone, calcareous clay
particles, conglomerate, gravel, or other approved granular materials) produced from
oversized quarried aggregate, sized by crushing and produced from a naturally occurring
single source except that blending of clean crushed concrete will be allowed. Blended
material must meet requirements for flexible base as defined in this and other sections. The
material source shall be subject to approval by the Engineer. If material characteristics within
the approved source change, the material shall be subject to retesting and re- approval prior
to continued use. The Contractor shall not change material sources without approval by the
Engineer.
October 2022 EARTHWORK 02300 - 3
UNPAVED ROADS IMPROVEMENTS C.O. PHASE 2
2. Refer to City of Lubbock Public Works Engineering Minimum Design Standards and
Specifications, 8.08.02 Flexible Base (Caliche).
G. Subgrade:
1. Subgrade material for concrete or asphalt construction shall consist of suitable native soil or
off site soil, free from vegetation or other objectionable matter. All unstable or objectionable
material shall be removed from the subgrade and replaced with approved material.
2. Refer to City of Lubbock Public Works Engineering Minimum Design Standards and
Specifications, 8.08.01 Subgrade.
22 ACCESSORIES
A. Warning Tape: Acid- and alkali -resistant polyethylene film warning tape manufactured for
marking and identifying underground utilities uncovered during prosecution of the work,
6 inches wide and 4 mils thick, continuously inscribed with a description of the utility; colored
as follows:
1. Red: Electric.
2. Yellow: Gas and oil.
3. Orange: Telephone and other communications.
4. Blue: Water systems.
5. Green: Sewer systems.
B. Warning tape to be placed within 3 feet of ground surface.
PART 3 - EXECUTION
3.1 PREPARATION
A. Protect structures, utilities, sidewalks, pavements, and other facilities from damage caused by
settlement, lateral movement, undermining, washout, and other hazards created by earthwork
operations.
B. Protect subgrades and foundation soils against freezing temperatures or frost.
C. Provide erosion -control measures to prevent erosion or displacement of soils and discharge of
soil -bearing water runoff or airborne dust to adjacent properties and walkways.
32 STRIPPING OF TOPSOIL
A. Topsoil will be separately excavated, stored, and used for surface finish in preparation for
seeding, sodding, or other planting, only where topsoil is definitely superior for grass and plant
growth as compared with the remainder of the excavated material. In general, this shall be
considered as the top 6 inches of excavated material. Surface soil that is heavy clay,
predominantly sandy, or is lean in grass -and plant -growth qualities, will not be saved. The
hauling, spreading, smoothing, and maintenance of the topsoil in preparation for the seeding and
planting operations are generally considered under a separate section, and therefore are not
considered in this specification.
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UNPAVED ROADS IMPROVEMENTS C.O. PHASE 2
33 FROZEN MATERIAL
A. Soils shall not be placed on a foundation which contains frozen material, or which has been
subjected to freeze -thaw action. This prohibition encompasses all foundation types, including the
natural ground, all prepared subgrades (whether in an excavation or on an embankment) and all
layers of previously placed and compacted earth fill which become the foundations for successive
layers of earth fill. All material that freezes or has been subjected to freeze -thaw action during
the construction work, or during periods of temporary shutdowns, such as, but not limited to,
nights, holidays, weekends, winter shutdowns, or earthwork operations, shall be removed to a
depth that is acceptable to the Engineer and replaced with new material. Alternatively, the
material will be thawed, dried, reworked, and recompacted to the specified criteria before
additional material is placed. The Engineer will determine when placement of fill or backfill shall
cease due to cold weather. The Engineer may elect to use average daily air temperatures, and/or
physical observation of the soils for his determination. Embankment material shall not contain
frozen clumps of soil, snow, or ice.
3.4 EXCAVATION FOR WALKS AND PAVEMENTS
A. Excavate surfaces under walks, pavements and similar paths to indicated cross sections,
elevations, and grades.
35 SUBGRADE PREPARATION
A. Refer to City of Lubbock Public Works Engineering Minimum Design Standards and
Specifications, 8.08.01 Subgrade.
3.6 UNSUITABLE MATERIAL
A. If unsuitable material is encountered during subgrade preparation regardless of how it is
discovered, the Contractor shall take corrective action as directed by the Engineer. If removal
and replacement of the material is required or if drying is required deeper than 6 inches below
subgrade it will be considered over excavation and paid for separately. Contractor shall back fill
any over excavation with suitable material and compact to 95% of Modified Proctor Density at a
moisture content within 2% of optimum in accordance to ASTM D698.
3.7 FLEXIBLE BASE CONSTRUCTION
A. Areas behind curbs shall be backfilled and leveled with approved topsoil prior to placing base
material.
B. Refer to City of Lubbock Public Works Engineering Minimum Design Standards and
Specifications, 8.08.02 Flexible Base (Caliche).
3.8 STORAGE OF SOIL MATERIALS
A. Stockpile satisfactory excavated soil materials. Stockpile soil materials without intermixing.
Place, grade, and shape stockpiles to drain surface water. Cover or spray with dust suppressant
to prevent windblown dust.
1. Stockpile soil materials away from edge of excavations. Do not store within drip line of
trees.
39 UTILITY TRENCH BACKFILL
A. Refer to Section 02317 —Excavation and Backfll for Utilities.
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UNPAVED ROADS IMPROVEMENTS C.O. PHASE 2
3.10 FILL
A. Preparation: Remove vegetation, 6" of topsoil, debris, unsatisfactory soil materials, obstructions,
and deleterious materials from ground surface before placing fills.
B. Plow, scarify, bench, or break up sloped surfaces steeper than 1 vertical to 4 horizontal so fill
material will bond with existing material.
C. Place and compact fill material to required elevations as directed in Paragraph 3.12 using
satisfactory soil material.
3.11 MOISTURE CONTROL
A. Uniformly moisten or aerate subgrade and each subsequent fill or backfill layer before
compaction to within 2 percent of optimum moisture content.
1. Do not place backfill or fill material on surfaces that are muddy, frozen, or contain frost or
ice.
2. Remove and replace, or scarify and air-dry, otherwise satisfactory soil material that exceeds
optimum moisture content by 2 percent and is too wet to compact to specified dry unit weight.
3.12 COMPACTION OF FILLS
A. Place fill materials in layers not more than 6 inches in loose depth for material compacted by
heavy compaction equipment, and not more than 4 inches in loose depth for material compacted
by hand -operated tampers.
B. Each layer of backfill or fill material should be compacted to a minimum of 95% of Modified
Proctor Density at a moisture content within 2% of optimum.
C. Use only hand -operated tamping equipment or place flowable backfill to achieve a minimum
cover of 12 inches over pipes, conduits, and ducts. Do not use heavy compacting equipment until
adequate cover is attained to prevent damage to pipes, conduits, or ducts. Do not use vibratory
equipment unless approved by the Owner and until 5 feet of cover over pipes, conduits and ducts
is obtained. Use of vibratory equipment within 10 feet measured from the top of finished surface
or adjacent to existing structures will only be permitted if approved by the Owner on a case -by -
case basis.
3.13 TESTING
A. Testing Agency: Contractor shall perform construction materials testing in conformance with
Section 01400 — Quality Requirements. Contractor shall be responsible for paying for failing tests
conducted by Owner. Such failing tests shall include pro-rata technician time charges, pro- rata
mileage expense and other pro -rated agency charges.
B. Allow testing agency to inspect and test subgrades and each fill or backfill layer. Proceed with
subsequent earthwork only after Engineer has verified that test results for previously completed
work comply with requirements.
October 2022 EARTHWORK 02300 - 6
UNPAVED ROADS IMPROVEMENTS C.O. PHASE 2
C. Testing agency will test compaction of soils in place according to ASTM D 1556 and ASTM
D 2922, as applicable. Tests will be performed at the following locations and frequencies:
Paved Areas: At subgrade and at each compacted fill layer, at least one test for every 5000
sq. ft. or less of paved area, but in no case fewer than three tests.
2. Trench Backfill: Refer to Section 02317 — Excavation and Backfill for Structures.
D. When testing agency reports that subgrades, fills, or backfills have not achieved degree of
compaction specified, scarify and moisten or aerate, or remove and replace soil to depth required;
recompact and retest until specified compaction is obtained. Contractor shall be responsible for
paying for failing tests conducted by Owner. Such failing tests shall include pro-rata technician
time charges, pro-rata mileage expense and other pro -rated agency charges.
3.14 GRADING
A. General: Uniformly grade areas to a smooth surface free from irregular surface changes. Comply
with compaction requirements and grade to cross sections, lines, and elevations indicated.
Provide a smooth transition between adjacent existing grades and new grades.
2. Cut out soft spots, fill low spots, and trim high spots to comply with required surface
tolerances.
B. Site Grading: Finish subgrades to required elevations within the following tolerances:
Lawn or Unpaved Areas: Plus or minus 1 inch.
2. Walks: Plus or minus 1 inch.
Pavements: Plus or minus 3/8 inch.
3.15 PROTECTION
A. Protecting Graded Areas: Protect newly graded areas from traffic, freezing, and erosion. Keep
free of trash, debris and excess weeds.
B. Repair and reestablish grades to specified tolerances where completed or partially completed
surfaces become eroded, rutted, settled, or where they lose compaction due to subsequent
construction operations or weather conditions.
Scarify or remove and replace soil material to depth as directed by Engineer; reshape and
re -compact.
C. Where settling occurs before Project correction period elapses, remove finished surfacing,
backfill with additional soil material, compact, and reconstruct surfacing.
Restore appearance, quality, and condition of finished surfacing to match adjacent work,
and eliminate evidence of restoration to the greatest extent possible.
3.16 DISPOSAL OF SURPLUS AND WASTE MATERIALS
A. Disposal: Remove surplus satisfactory soil and waste material, including unsatisfactory soil,
trash, and debris, and legally dispose of it off Owner's property according to Section 01576 —
Waste Material Disposal.
END OF SECTION
October 2022 EARTHWORK 02300 - 7
UNPAVED ROADS IMPROVEMENTS C.O. PHASE 2
SECTION 03300
CAST -IN -PLACE CONCRETE
PART 1- GENERAL
1.1 RELATED DOCUMENTS
A. Drawings, Construction Contract Clauses, Supplementary Conditions and Division 1 - General
Requirements apply to work of this section.
1.2 SECTION INCLUDES
A. This Section includes, but is not limited to cast -in place concrete, including formwork,
reinforcing, mix design, placement procedures, curing, and finishes.
B. Cast -in -place concrete includes but is not limited to the following:
(1) Concrete Rip -rap.
(2) Sign anchors.
(3) ADA ramps.
(4) Illumination pole foundations.
(5) Inlets, headwalls, wingwalls, and aprons.
(6) Utility encasements.
(7) Cast -in -place manhole bases and manhole riser supports at pipe tee locations.
C. Concrete for pavement, sidewalk, curb and gutter, driveways, and alleys shall meet the City of
Lubbock Public Works Engineering MinimumDesign Standards and Specifications.
1.3 SUBMITTALS
A. General: Submit the following according to Conditions of the Contract and Division 1
Specification Sections.
B. Product data for proprietary materials and items, including reinforcement and forming
accessories, admixtures, patching compounds, joint systems, curing compounds, and others if
requested by Engineer.
C. Design Mixes: For each concrete mix.
D. Shop drawings for reinforcement detailing fabricating, bending, and placing concrete
reinforcement. Comply with ACI 315 "Manual of Standard Practice for Detailing Reinforced
Concrete Structures" showing bar schedules, stirrup spacing, bent bar diagrams, materials, steel
grades, and arrangement of concrete reinforcement and methods of support. Include special
reinforcing required for openings through concrete structures.
E. Laboratory test reports for concrete materials and mix designtest.
F. Formwork shop drawings: Prepared by or under supervision of a qualified Professional
Engineer detailing fabrication, assembly, and support of formwork. Design and Engineering of
formwork are Contractor's responsibility.
G. Shoring and Reshoring: Indicated proposed schedule and sequence of stripping formwork,
shoring removal and installing and removing reshoring.
October 2022 CAST -IN -PLACE CONCRETE 03300 - 1
UNPAVED ROADS IMPROVEMENTS C.O. PHASE 2
1.4 QUALITY ASSURANCE
A. Codes and Standards: Comply with provisions of the following codes, specifications, and
standards, except where more stringent requirements are shown or specified:
(1) American Concrete Institute (ACI) 301, "Specifications for Structural Concrete for
Buildings."
(2) ACI 318, "Building Code Requirements for Reinforced Concrete."
(3) Concrete Reinforcing Steel Institute (CRSI) "Manual of Standard Practice."
(4) American Concrete Institute (ACI) 305R, "Hot Weather Concreting."
(5) American Concrete Institute (ACI) 306R, "Cold Weather Concreting."
(6) American Concrete Institute (ACI) 306.1, "Standard Specification for Cold Weather
Concreting."
(7) American Concrete Institute (ACI) 350R, "Environmental Engineering Concrete
Structures."
(8) American Concrete Institute (ACI) 117, "Specifications for Tolerances for Concrete
Construction and Materials."
B. Concrete Testing Service: Engage a testing agency acceptable to Owner to perform material
evaluation tests and to design concrete mixes. Agency shall be qualified according to ASTM C
1077 and ASTM E 329 to conduct the testing indicated.
(1) Personnel conducting field test shall be qualified as ACI Concrete Field Testing
Technician, Grade 1, according to ACI CP-1 or an equivalent certification program.
C. Materials and installed Work may require testing and retesting at any time during progress of
Work. Tests, including retesting of rejected materials for installed Work, shall be done at
Contractor's expense.
D. Installer Qualifications: An experienced installer who has completed concrete work similar in
material, design, and extent to that indicated for this project and whose work has resulted in
construction with a record of successful in-service performance.
E. Manufacturer Qualifications: A firm experienced in manufacturing ready -mixed concrete
products complying with ASTM C 94, "Requirements for Production Facilities and
Equipment."
(1) Manufacturer must be certified according to the National Ready Mixed Concrete
Association Certification of Ready Mixed Concrete Production Facilities.
PART2-PRODUCTS
2.1 FORM MATERIALS
A. Refer to city of Lubbock Public Works Engineering Minimum Design Standards and
Specifications.
2.2 REINFORCING MATERIALS
A. Refer to city of Lubbock Public Works Engineering Minimum Design Standards and
Specifications.
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2.3 CONCRETE MATERIALS
A. Refer to city of Lubbock Public Works Engineering Minimum Design Standards and
Specifications.
2.4 CURING COMPOUND
A. Liquid -type membrane -forming curing compound with white pigment complying with ASTM
C 309, Type 2, Class A. Moisture loss not more than 1.0 pounds per square yard when applied
at 200 sq. ft./gal.
2.5 RELATED MATERIALS
A. Dovetail Anchor Slots: Hot -dip galvanized sheet steel, not less than 0.0336 inch thick with bent
tab anchors. Fill slot with temporary filler or cover face opening to prevent intrusion of concrete
or debris.
B. Sand Cushion: Clean, manufactured or natural sand with plasticity index of 8 or less.
C. Bonding Agent: Polyvinyl acetate or acrylic base.
D. Epoxy Adhesive: ASTM C 881, two -component material suitable for use on dry or damp
surfaces. Provide material type, grade, and class to suit Project requirements.
2.6 PROPORTIONING AND DESIGNING MIXES
A. Prepare design mixes for each type and strength of concrete by either laboratory trial batch or
field experience methods as specified in ACI 301. For the trial batch method, use an
independent testing agency acceptable to Engineer for preparing and reporting proposed mix
designs.
(1) Do not use the same testing agency as Owner for field quality control testing.
B. Submit written reports to Engineer of each proposed mix for each class of concrete at least 15
days prior to start of Work. Do not begin concrete production until proposed mix designs have
been reviewed by Engineer. Do not submit mix designs for other projects or that are over 60
days of age. Do not submit concrete cylinder strength reports from other projects that are older
than 45 days, or that are not of the proposed mix design.
C. Standard design mix to be used unless noted otherwise, provide normal weight concrete with
the following properties:
(1) Refer to city of Lubbock Public Works Engineering Minimum Design Standards and
Specifications.
D. Water related structures mix design: Provide normal weight concrete with the following
properties:
(1) 4500 psi, 28-day compressive strength.
(2) Type I cement
(3) Fly Ash: 30% of total cementitious weight.
(4) Minimum slump: 6 inches
(5) Maximum slump: 8 inches
(6) Maximum water cementitious material ratio:.40
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(7) Add air -entraining admixture at manufacturer's prescribed rate to result in concrete at
point of placement having an air content of 5 to 7 percent, unless otherwise indicated.
(8) Water proofing admixture.
(9) Floor hardener admixture.
E. Adjustment to Concrete Mixes: Mix design adjustments may be requested by Contractor when
characteristics of materials, job conditions, weather, test results, or other circumstances
warrant, as accepted by Engineer. Laboratory test data for revised mix design and strength
results must be submitted to and accepted by Engineer before using in Work.
2.7 ADMIXTURES
A Use water -reducing admixture or high -range water -reducing admixture (superplasticizer) in
concrete, as required, for placement and workability.
B. Use accelerating admixture in concrete slabs placed at ambient temperatures below 50 deg F.
C. Use admixtures for water reduction and set accelerating or retarding in strict compliance with
manufacturer's directions.
D. Use water -reducing admixture in pumped concrete, concrete required to be water tight, and
concrete with a water cementitious materials ratio below0.50.
E. Limit water-soluble, chloride ion content in hardened concrete to 0.15 percent by weight of
cement.
2.8 CONCRETE MIXING
A Ready -Mixed Concrete: Comply with requirements of ASTM C 94, and as specified.
(1) When air temperature is between 85 deg F and 90 deg F, reduce mixing and delivery time
from 1-1/2 hours to 75 minutes, and when air temperature is above 90 deg F, reduce mixing
and delivery time to 60 minutes.
2.9 FLOWABLE FILL
Flowable fill shall consist of a concrete mixture of pea gravel and sand with a cement content of 2
sacks per cubic yard. Flowable fill shall be used for backfill in all utility ditches within the right of
way, and other areas as specified.
PART 3 - EXECUTION
3.1 GENERAL
A Coordinate the installation of joint materials, vapor retarder, and other related materials with
placement of forms and reinforcing steel. Before concrete placement operations begin, the
substrate shall be fully prepared. Contractor shall be responsible for verifying that all work
which will be embedded is complete and necessary inspections have been performed. Pour
stops or bulkheads shall be in place and reinforcement shall be secured in proper location.
UMM-101. "V I
A General: Design, erect, support, brace, and maintain formwork to support vertical, lateral, static,
and dynamic loads that might be applied until concrete structure can support such loads.
Construct formwork so concrete members and structures are of correct size, shape, alignment,
elevation, and position. Maintain formwork construction tolerances and surface irregularities
complying with the following ACI 347 limits:
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(1) Provide Class A tolerances for concrete surfaces exposed to view.
(2) Provide Class C tolerances for other concrete surfaces.
B. Construct forms to sizes, shapes, lines, and dimensions shown and to obtain accurate alignment,
location, grades, level, and plumb work in finished structures. Provide for openings, offsets,
sinkages, keyways, recesses, moldings, rustications, reglets, chamfers, blocking, screeds,
bulkheads, anchorages and inserts, and other features required in the Work. Use selected
materials to obtain required finishes. Solidly butt joints and provide backup at joints to prevent
cement paste from leaking.
C. Fabricate forms for easy removal without hammering or prying against concrete surfaces.
Provide crush plates or wrecking plates where stripping may damage cast concrete surfaces.
Provide top forms for inclined surfaces where slope is too steep to place concrete with bottom
forms only. Kerf wood inserts for forming keyways, reglets, recesses, and the like for easy
removal.
D. Provide temporary openings for clean -outs and inspections where interior area of formwork is
inaccessible before and during concrete placement. Securely brace temporary openings and set
tightly to forms to prevent losing concrete mortar. Locate temporary openings in forms at
inconspicuous locations.
E Chamfer exposed corners and edges as indicated, using wood, metal, PVC, or rubber chamfer
strips fabricated to produce uniform smooth lines and tight edge joints.
F. Provisions for Other Trades: Provide openings in concrete formwork to accommodate work of
other trades. Determine size and location of openings, recesses, and chases from trades
providing such items. Accurately place and securely support items built into forms.
G. Cleaning and Tightening: Thoroughly clean forms and adjacent surfaces to receive concrete.
Remove chips, wood, sawdust, dirt, or other debris just before placing concrete. Retighten
forms and bracing before placing concrete, as required, to prevent mortar leaks and maintain
proper alignment.
3.3 PLACING REINFORCEMENT
A General: Comply with Concrete Reinforcing Steel Institute's recommended practice for
"Placing Reinforcing Bars," for details and methods of reinforcement placement and supports
and as specified.
(1) Avoiding cutting or puncturing vapor retarder during reinforcement placement and
concreting operations. Repair damages before placing concrete.
B. Clean reinforcement of loose rust and mill scale, earth, ice, and other materials that reduce or
destroy bond with concrete.
C. Accurately position, support, and secure reinforcement against displacement. Locate and
support reinforcing by metal chairs, runners, bolsters, spacers, and hangers, as approved by
Engineer.
D. Place reinforcement to maintain minimum coverages as indicated for concrete protection.
Arrange, space, and securely tie bars and bar supports to hold reinforcement in position during
concrete placement operations. Set wire ties so ends are directed into concrete, not toward
exposed concrete surfaces.
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E Install welded wire fabric in lengths as long as practicable. Lap adjoining pieces at least one
full mesh and lace splices with wire. Offset laps of adjoining widths to prevent continuous laps
in either direction.
F. Do not weld reinforcing bars unless specifically shown. Where shown on the plans, comply
with AWS D 1.4. Bars to be welded shall conform to ASTM A706.
3.4 JOINTS
A A. Sawed Joints
(1) The Contractor shall provide sawing equipment adequate in number of units and power to
complete the sawing to the required dimensions. The Contractor shall provide at least one
standby saw in good working order and a supply of saw blades atthe site of the work at all
times during sawing operations.
(2) Joints shall be cut as shown on the plan. The circular cutter shall be capable of cutting a
groove in a straight line and shall produce a slot of at least 1/8-inch wide and to the depth
shown on the plans. When shown on the plans or required by the specifications, the top
portion of the slot or groove shall be widened by means of a second shallower cut.
(3) Sawing of the joints shall commence as soon as the concrete has hardened sufficiently to
support the saws (no longer than 6 hours after surface finishing) and permit cutting without
chipping, spalling, or tearing (per ACI 330R).
(4) Sawing shall be carried on both during the day and night as required to meet minimum time
constraints. The joints shall be sawed at the required spacing consecutively in sequence of
the concrete placement, unless otherwise approved by the Engineer.
B. Curb and gutter (Class A concrete) shall be constructed with an expansion joint at the tangent
point of each return at intersections and at intervals not more than 40 feet between the
intersections.
(1) Construction joints formed by removable metal templates accurately shaped to the cross-
section of the curb and gutter shall be located at the midpoint of each section between
expansion joints, or as directed by the Engineer.
(2) Tooled contraction joints cut at least one quarter the concrete depth shall be placed at 10
foot intervals.
C. Construction Joints: Locate and install construction joints so they do not impair strength or
appearance of the structure, as acceptable to Engineer.
D. Place construction joints perpendicular to main reinforcement. Continue reinforcement across
construction joints except as indicated otherwise. Do not continue reinforcement through sides
of strip placements.
E Use bonding agent on existing concrete surfaces that will be joined with fresh concrete.
E Waterstops: Provide waterstops in construction joints as indicated. Install waterstops to form
continuous diaphragm in each joint. Support and protect exposed waterstops during progress
of work. Field fabricate joints in waterstops according to manufacturer's printed instructions.
G. Isolation Joints in Slabs -on -Grade: Construct isolation joints in slabs -on -grade at points of
contact between slabs -on -grade and vertical surfaces, such as column pedestals, foundation
walls, grade beams, and other locations, as indicated.
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H Contraction (Control) Joints in Slabs -on -Grade: Construct contraction joints inslabs-on-grade
to form panels of patterns as shown.
3.5 INSTALLING EMBEDDED ITEMS
A General: Set and build into formwork anchorage devices and other embedded items required
for other work that is attached to or supported by cast -in -place concrete. Use setting drawings,
diagrams, instructions, and directions provided by suppliers of items to be attached.
B. Install dovetail anchor slots in concrete structures as indicated ondrawings.
C. Forms for Slabs: Set edge forms, bulkheads, and intermediate screed strips for slabs to achieve
required elevations and contours in finished surfaces. Provide and secure units to support screed
strips using strike -off templates or compacting -type screeds.
D. Ends of storm sewer pipe to be embedded in cast -in -place walls shall be in place prior to setting
formwork and reinforcement, floor slab inclusive.
3.6 PREPARING FORM SURFACES
A General: Coat contact surfaces of forms with an approved, nonresidual, low-VOC, form -
coating compound before placing reinforcement.
B. Do not allow excess form -coating material to accumulate in forms or come into contact with
in -place concrete surfaces against which fresh concrete will be placed. Apply according to
manufacturer's instructions.
(1) Coat steel forms with a nonstaining, rust -preventative material. Rust -stained steel formwork
is not acceptable.
3.7 CONCRETE PLACEMENT
A Inspection: Before placing concrete, inspect and complete formwork installation, reinforcing
steel, and items to be embedded or cast in. Notify other trades to permit installation of their
work.
R General: Comply with ACI 304, "Guide for Measuring, Mixing, Transporting, and Placing
Concrete," and as specified.
C. Deposit concrete continuously or in layers of such thickness that no new concrete will be placed
on concrete that has hardened sufficiently to cause seams or planes of weakness. If a section
cannot be placed continuously, provide construction joints as specified. Deposit concrete to
avoid segregation at its final location.
D. Placing Concrete in Forms: Deposit concrete in forms in horizontal layers no deeper than 24
inches and in a manner to avoid inclined construction joints. Where placement consists of
several layers, place each layer while preceding layer is still plastic to avoid cold joints.
(1) Consolidate placed concrete by mechanical vibrating equipment supplemented by hand -
spading, rodding, or tamping. Use equipment and procedures for consolidation of concrete
complying with ACI 309.
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(2) Do not use vibrators to transport concrete inside forms. Insert and withdraw vibrators
vertically at uniformly spaced locations no farther than the visible effectiveness of the
machine. Place vibrators to rapidly penetrate placed layer and at least 6 inches into
preceding layer. Do not insert vibrators into lower layers of concrete that have begun to set.
At each insertion, limit duration of vibration to time necessary to consolidate concrete and
complete embedment of reinforcement and other embedded items without causing mix to
segregate.
E Placing Concrete Slabs: Deposit and consolidate concrete slabs in a continuous operation,
within limits of construction joints, until completing placement of a panel or section.
(1) Consolidate concrete during placement operations so that concrete is thoroughly worked
around reinforcement, other embedded items and into corners.
(2) Bring slab surfaces to correct level with a straightedge and strike off. Use bull floats or
darbies to smooth surface free of humps or hollows. Do not disturb slab surfaces prior to
beginning finishing operations.
(3) Maintain reinforcing in proper position on chairs during concrete placement.
E Cold -Weather Placement: Comply with provisions of ACI 306 and as follows. Protect concrete
work from physical damage or reduced strength that could be caused by frost, freezing actions,
or low temperatures.
G. When air temperature has fallen to or is expected to fall below 40 deg F, uniformly heat water
and aggregates before mixing to obtain a concrete mixture temperature of not less than 50
deg F and not more than 80 deg F at point of placement.
(1) Do not use frozen materials or materials containing ice or snow. Do not place concrete on
frozen subgrade or on subgrade containing frozen materials.
(2) Do not use calcium chloride, salt, or other materials containing antifreeze agents or
chemical accelerators unless otherwise accepted in mix designs.
H Hot -Weather Placement: When hot weather conditions exist that would impair quality and
strength of concrete, place concrete complying with ACI 305R and as specified.
(1) Cool ingredients before mixing to maintain concrete temperature at time of placement to
below 90 deg F. Mixing water may be chilled or chopped ice may be used to control
temperature, provided water equivalent of ice is calculated to total amount of mixing water.
Using liquid nitrogen to cool concrete is Contractor's option.
(2) Cover reinforcing steel with water -soaked burlap if it becomes too hot, so that steel
temperature will not exceed the ambient air temperature immediately before embedding in
concrete.
(3) Fog spray forms, reinforcing steel, and subgrade just before placing concrete. Keep
subgrade moisture uniform without puddles or dry areas.
(4) Use water -reducing retarding admixture when required by high temperatures, low
humidity, or other adverse placing conditions, as acceptable to Engineer.
I Water may be added to the concrete at the project site, subject to the following conditions:
(1) Truck tickets indicate maximum amount of water that can be added without exceeding the
maximum specified water/cement ratio.
(2) Water is added in a manner to control volume added.
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(3) Concrete is properly re -mixed after addition ofwater.
(4) Inspector is notified, if concrete placement requires inspection.
(5) Site added water should be done prior to taking concrete samples for testing.
(6) Do not add water to concrete after adding high range water -reducing admixtures to mix.
3.8 FINISHING FORMED SURFACES
A Rough -Formed Finish: Provide a rough -formed finish on formed concrete surfaces not exposed
to view in the finished Work or concealed by other construction. This is the concrete surface
having texture imparted by form -facing material used, with tie holes and defective areas
repaired and patched, and fins and other projections exceeding 1/4 inch in height rubbed down
or chipped off.
B. Smooth -Formed Finish: Provide a smooth -formed finish on formed concrete surfaces exposed
to view or to be covered with a coating material applied directly to concrete, or a covering
material applied directly to concrete, such as waterproofing, dampproofing, veneer plaster,
painting, or another similar system. This is an as -cast concrete surface obtained with selected
form -facing material, arranged in an orderly and symmetrical manner with a minimum of seams.
Repair and patch defective areas with fins and other projections completely removed and
smoothed.
C. Smooth -Rubbed Finish: Provide smooth -rubbed finish on scheduled concrete surfaces that
have received smooth -formed finish treatment not later than 1 day after form removal.
(1) Moisten concrete surfaces and rub with carborundum brick or another abrasive until
producing a uniform color and texture. Do not apply cement grout other than that created
by the rubbing process.
D. Related Unformed Surfaces: At tops of walls, horizontal offsets, and similar unformed surfaces
adjacent to formed surfaces, strike -off smooth and finish with a texture matching adjacent
formed surfaces. Continue final surface treatment of formed surfaces uniformly across adjacent
unformed surfaces unless otherwise indicated.
3.9 MONOLITHIC SLAB FINISHES
A Float Finish: Apply float finish to monolithic slab surfaces to receive trowel finish and other
finishes as specified; slab surfaces to be covered with membrane or elastic waterproofing,
membrane or elastic roofing, or sand -bed terrazzo; and where indicated.
(1) After screeding, consolidating, and leveling concrete slabs, do not work surface until ready
for floating. Begin floating, using float blades or float shoes only, when surface water has
disappeared, or when concrete has stiffened sufficiently to permit operation of power -
driven floats, or both. Consolidate surface with power -driven floats or by hand -floating
if area is small or inaccessible to power units. Finish surfaces to tolerances of F(F) 18 (floor
flatness) and F(L) 15 (floor levelness) measured according to ASTM E 1155 . Cut
down high spots and fill low spots. Uniformly slope surfaces to drains. Immediately after
leveling, refloat surface to a uniform, smooth, granular texture.
(2) Remove any efflorescence as soon as feasible after its appearance. If the efflorescence
hardens, then remove with a mild detergent or a mild acid cleaner.
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B. Trowel Finish: Apply a trowel finish to monolithic slab surfaces exposed to view and slab
surfaces to be covered with resilient flooring, carpet, ceramic or quarry tile, paint, or another
thin film -finish coating system.
(1) After floating, begin first trowel -finish operation using a power -driven trowel. Begin final
troweling when surface produces a ringing sound as trowel is moved over surface.
Consolidate concrete surface by final hand -troweling operation, free of trowel marks,
uniform in texture and appearance, and finish surfaces to tolerances of F(F) 20 (floor
flatness) and F(L) 17 (floor levelness) measured according to ASTM E 1155. Grind smooth
any surface defects that would telegraph through applied floor covering system.
C. Nonslip Broom Finish: Apply a nonslip broom finish to exterior concrete platforms, steps, and
ramps, and elsewhere as indicated.
(1) Immediately after float finishing, slightly roughen concrete surface by brooming with fiber -
bristle broom perpendicular to main traffic route. Coordinate required final finish with
Engineer before application.
3.10 MISCELLANEOUS CONCRETE ITEMS
A Filling In: Fill in holes and openings left in concrete structures for passage of work by other
trades, unless otherwise shown or directed, after work of other trades is in place. Mix, place,
and cure concrete as specified to blend with in -place construction. Provide other miscellaneous
concrete filling shown or required to complete Work.
3.11 CONCRETE CURING AND PROTECTION
A General: Protect freshly placed concrete from premature drying and excessive cold or hot
temperatures. In hot, dry, and windy weather protect concrete from rapid moisture loss before
and during finishing operations with an evaporation -control material. Apply according to
manufacturer's instructions after screeding and bull floating, but before power floating and
troweling.
B. Start initial curing as soon as free water has disappeared from concrete surface after placing
and finishing.
C. Curing Methods: Cure concrete by curing compound, and moisture -retaining cover curing.
D. Apply curing compound on exposed interior slabs and on exterior slabs, walks, and curbs as
follows:
(1) Apply curing compound to concrete slabs as soon as final finishing operations are complete
(within 1 hours and after surface water sheen has disappeared). Apply uniformly in
continuous operation by power spray. Recoat areas subjected to rainfall within 3 hours after
initial application. Maintain continuity of coating and repair damage during curing period.
A General: Formwork not supporting weight of concrete, such as sides of beams, walls, columns,
and similar parts of the work, may be removed after cumulatively curing at not less than 50
deg F for 24 hours after placing concrete, provided concrete is sufficiently hard to not be
damaged by form -removal operations, and provided curing and protection operations are
maintained.
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3.13 REUSING FORMS
A Clean and repair surfaces of forms to be reused in the Work. Split, frayed, delaminated, or
otherwise damaged form -facing material will not be acceptable for exposed surfaces. Apply
new form -coating compound as specified for new formwork.
a When forms are extended for successive concrete placement, thoroughly clean surfaces,
remove fins and laitance, and tighten forms to close joints. Align and secure joint to avoid
offsets. Do not use patched forms for exposed concrete surfaces except as acceptable to
Engineer.
3.14 CONCRETE SURFACE REPAIRS
A Patching Defective Areas: Repair and patch defective areas with cement mortar immediately
after removing forms, when acceptable to Engineer.
R Mix dry -pack mortar, consisting of one part portland cement to 2-1/2 parts fine aggregate
passing a No. 16 mesh sieve, using only enough water as required for handling and placing.
(1) Cut out honeycombs, rock pockets, voids over 1/4 inch in any dimension, and holes left by
tie rods and bolts down to solid concrete but in no case to a depth less than 1 inch. Make
edges of cuts perpendicular to the concrete surface. Thoroughly clean, dampen with water,
and brush -coat the area to be patched with bonding agent. Place patching mortar before
bonding agent has dried.
(2) For surfaces exposed to view, blend white portland cement and standard portland cement
so that, when dry, patching mortar will match surrounding color. Provide test areas at
inconspicuous locations to verify mixture and color match before proceeding with
patching. Compact mortar in place and strike -off slightly higher than surrounding surface.
C. Repairing Formed Surfaces: Remove and replace concrete having defective surfaces if defects
cannot be repaired to satisfaction of Engineer. Surface defects include color and texture
irregularities, cracks, spalls, air bubbles, honeycomb, rock pockets, fins and other projections
on the surface, and stains and other discolorations that cannot be removed by cleaning. Flush
out form tie holes and fill with dry -pack mortar or precast cement cone plugs secured in place
with bonding agent.
(1) Repair concealed formed surfaces, where possible, containing defects that affect the
concrete's durability. If defects cannot be repaired, remove and replace the concrete.
D. Repairing Unformed Surfaces: Test unformed surfaces, such as monolithic slabs, for
smoothness and verify surface tolerances specified for each surface and finish. Correct low and
high areas as specified. Test unformed surfaces sloped to drain for trueness of slope and
smoothness by using a template having the required slope.
(1) Repair finished unformed surfaces containing defects that affect the concrete's durability.
Surface defects include crazing and cracks in excess of 0.01 inch wide or that penetrate to
the reinforcement or completely through nonreinforced sections regardless of width,
spalling, popouts, honeycombs, rock pockets, and other objectionable conditions.
(2) Correct high areas in unformed surfaces by grinding after concrete has cured at least 14
days.
(3) Correct low areas in unformed surfaces during or immediately after completing surface
finishing operations by cutting out low areas and replacing with patching mortar. Finish
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repaired areas to blend into adjacent concrete. Proprietary underlayment compounds may
be used when acceptable to Engineer.
(4) Repair defective areas, except random cracks and single holes not exceeding 1 inch in
diameter, by cutting out and replacing with fresh concrete. Remove defective areas with
clean, square cuts and expose reinforcing steel with at least 3/4 inch clearance all around.
Dampen concrete surfaces in contact with patching concrete and apply bonding agent. Mix
patching concrete of same materials to provide concrete of same type or class as original
concrete. Place, compact, and finish to blend with adjacent finished concrete. Cure in same
manner as adjacent concrete.
E Repair isolated random cracks and single holes 1 inch or less in diameter by dry -pack method.
Groove top of cracks and cut out holes to sound concrete and clean of dust, dirt, and loose
particles. Dampen cleaned concrete surfaces and apply bonding compound. Place dry -pack
before bonding agent has dried. Compact dry -pack mixture in place and finish to match adjacent
concrete. Keep patched area continuously moist for at least 72 hours. If random cracks and
single holes indicate weeping and leakage under adjacent hydrostatic head, seal with Avanti
International Scotch Seal 5600 urethane, water -activated grout prior to dry packing.
E Perform structural repairs with prior approval of Engineer for method and procedure, using
specified epoxy adhesive and mortar.
G. Repair methods not specified above maybe used, subject to acceptance of Engineer.
3.15 HYDRAULIC LEAKAGE REPAIR
A Joints, embedments and penetrations that exhibit leakage or weeping when under adjacent
hydrostatic pressure shall be sealed with Avanti International Scotch Seal 5600 water -activated
urethane grout. Procedures and surface finish over urethane grout shall be as approved by the
Engineer.
3.16 QUALITY CONTROL TESTING DURING CONSTRUCTION
A Sampling and testing for quality control during concrete placement shall be performed in
accordance with the City of Lubbock Public Works Engineering Minimum Design Standards
and Specifications.
(1) Strength level of concrete will be considered satisfactory if averages of sets of three
consecutive strength test results equal or exceed specified compressive strength and no
individual strength test result falls below specified compressive strength by more than 500
psi.
R Test results will be reported in writing to Engineer, ready -mix producer, and Contractor within
24 hours after tests. Reports of compressive strength tests shall contain the Project identification
name and number, date of concrete placement, name of concrete testing service, concrete type
and class, location of concrete batch in structure, design compressive strength at 28 days,
concrete mix proportions and materials, compressive breaking strength, and type of break for
both 7-day tests and 28-day tests.
C. Additional Tests: The Contractor will make additional tests of in -place concrete when test
results indicate specified concrete strengths and other characteristics have not been attained in
the structure, as directed by Engineer. The Owner may require the Contractor to conduct tests
to determine adequacy of concrete by cored cylinders complying with ASTM C 42, or by other
methods as directed.
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D. Questionable Concrete
(1) Concrete shall be considered "Questionable Concrete" where any of the following test
evaluations occur:
a. Individual test strength is below specified strength; or
b. Samples of concrete for acceptance test cylinders are not representative of
concrete in -place in the structure; or
C. Insufficient or inadequate concrete curing; or
d. Insufficient number of acceptance test cylinders for day's concreting were made
for testing.
(2) Except where core tests will impair the strength of the structure, core test as directed by the
Owner shall be made at no cost to the Owner to resolve Questionable Concrete. If core tests
fail to demonstrate the test strength required by the contract documents or structural
analysis does not confirm the adequacy of the structure, the Owner may, at his discretion,
reject the work or require load tests or additional construction. Should structural analysis
confirm the adequacy of the structure, the Owner may, at his discretion, accept the concrete
with credit for the full value of the concrete delivered to the site in accordance with the
General Conditions.
(3) The Contractor shall pay all costs incurred in providing the additional testing or analysis to
resolve the acceptability of Questionable Concrete.
(4) Core Tests
a. Three representative cores shall be taken from each member or area of concrete
for each test considered questionable. Location of cores shall be as directed by
the Owner to least impair the strength of the structure. Damaged cores shall be
replaced.
b. Cores shall be obtained and tested in accordance with ASTM C42 except that
if concrete in the structure will be dry under service conditions the cores shall
be air dried (temperature 60 degrees F. to 80 degrees F., and relative humidity
less than 60%) for 7 days before test and shall be tested dry. If the concrete in
the structure will be more than superficially wet under service conditions, the
cores shall be immersed in water for at least 48 hours and testedwet.
C. Questionable concrete will be considered structurally acceptable if the average
of the cores is equal to or greater than 90% of the specified strength and no
single core is greater than 500 psi below specified strength.
END OF SECTION
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Page is too large to OCR.
Page is too large to OCR.
Page is too large to OCR.
Page is too large to OCR.
Page is too large to OCR.
Page is too large to OCR.
Page is too large to OCR.
Page is too large to OCR.
Page is too large to OCR.
Page is too large to OCR.
Page is too large to OCR.
Page is too large to OCR.
Page is too large to OCR.
Page is too large to OCR.
Page is too large to OCR.
Page is too large to OCR.
Page is too large to OCR.
Page is too large to OCR.
Page is too large to OCR.
Page is too large to OCR.
Page is too large to OCR.
Page is too large to OCR.
Page is too large to OCR.
Page is too large to OCR.
Page is too large to OCR.
Page is too large to OCR.
Page is too large to OCR.
Page is too large to OCR.
Page is too large to OCR.
Page is too large to OCR.
Page is too large to OCR.
Page is too large to OCR.
Page is too large to OCR.
Page is too large to OCR.
Page is too large to OCR.
Page is too large to OCR.
Page is too large to OCR.
Page is too large to OCR.
Page is too large to OCR.
Page is too large to OCR.
Page is too large to OCR.
Page is too large to OCR.
Page is too large to OCR.
Page is too large to OCR.
Page is too large to OCR.
Page is too large to OCR.
Page is too large to OCR.
Page is too large to OCR.
Page is too large to OCR.
Page is too large to OCR.
Page is too large to OCR.
Page is too large to OCR.
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Page is too large to OCR.
Page is too large to OCR.
Page is too large to OCR.
Page is too large to OCR.
Page is too large to OCR.
Page is too large to OCR.
Page is too large to OCR.
Page is too large to OCR.
Page is too large to OCR.
Page is too large to OCR.
Page is too large to OCR.
Page is too large to OCR.
Page is too large to OCR.
Page is too large to OCR.
Page is too large to OCR.
Page is too large to OCR.
Page is too large to OCR.
Page is too large to OCR.
Page is too large to OCR.
Page is too large to OCR.
Page is too large to OCR.
Page is too large to OCR.
Page is too large to OCR.
Page is too large to OCR.
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Page is too large to OCR.
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