HomeMy WebLinkAboutResolution - 2009-R0016 - Contract - JD Ramming Paving Company LTD - Asphalt Patching - 01/08/2009Resolution No. 2009-80016
January 22, 2009
Item No. 6.2
RESOLUTION
IBE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the City Council of the City of Lubbock hereby authorizes and directs the
Mayor of the City of Lubbock to execute a unit price construction Contract and any
associated documents by and between the City of Lubbock and J.D. Ramming Paving
Company, LTD, of Austin, Texas, for asphalt patching for the 2009 Seal Coat Project per
RFP 09 -703 -DD, which Contract and any associated documents, are attached hereto and
made a part of this Resolution for all intents and purposes.
by the City Council this 8th day of January , 2009.
TTEST:
TOM MARTIN, MAYOR
Garza, City Secretary
ROVED AS TO CONTENT:
Loomis,
mt City Manager/Director of Transportation and Public Works
AS TO FORM:
Vandiver, City A
l8, 2008
�la. %�V. .2009-RoD/6
CITY OF LUBBOCK
SPECIFICATIONS FOR
ASPHALT PATCHING FOR THE 2009 ,SEAL COAT PROJECT
RFP # 09 -703 -DD
Contract # 8786
Plans & Specifications may be obtained from
THE REPRODUCTION COMPANY
http://pr.theroyoductioncompany. com/
Phone: (806) 763-7770
"A City of .Planned .Progress "
CITY OF LUBBOCK
Lubbock, Texas
RFP# 09-703-DD, Addendum # I
City of Lubbock
J PUBLIC WORKS CONTRACTING OFFICE
ROOM 204. MUNICIPAL BUILDING
1625 13... STREET
LUBBOCK, TEXAS 79401
Pit(806)775-2168 FAX: (806)775 2164
http://purchasing.ci.itibbock,tx.us
ADDENDZIM # 1
RFP # 09-703-DD
Asphalt Patching
for the
2009 Seal Coat Project
DATE ISSUED: November 26, 2008
CLOSE DATE: December 11, 2008 (#) 1:00 P.M.
I, The following items take precedence over specifications for the above named Request for
Proposals (RFP). Where any item called for in the RFP documents is supplemented here, the
original requirements, not affected by this addendum, shall remain in effect.
1. Additional information has been provided, ATTACHED.
2. The non -mandatory proposal conference room has CHANGED from CR204 to City Council
Chambers date and time remains the same.
All requests for additional information or clarification must be submitted in writing and directed
to:
Darlene Doss, Buyer, City of Lubbock, P.O. Box 2000, Lubbock, Texas 79457
Questions may be faxed to (806)775-2164 or Email to d(loss.-i"iii ltil3l)ock,LIS.
THANK YOU,
CITY OF LUBBOCK
Val&" Va"
Darlene Doss
Buyer
It is the intent and purpose of the City of Lubbock that this request permits competitive bids. It
shall be the offeror's responsibility to advise the City of Lubbock Buyer if any language,
reauirements, 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 Buyer no later than five (5) business days prior to the proposal close date. A
review of such notifications will be made.
RFP# 09-703-DDad1
l _.,
2009 Street Patching List
1. East 50`E' Street I-27 to Ave Q
2. 50th Street Ave Q to University Ave.
3. Quaker Ave South Loop 289 to 82"d Street
4. 82"d Street Slide Road to Quaker Ave.
5. 82"d Street Quaker Ave to Indiana Ave.
6. University Ave South Loop 289 to 50th Street
7. Frankford Ave Spur 327 to 82"d Street
8. Frankford Ave 82"d Street to 98th Street
9. Ave P South Loop 289 to Ave Q
10. Martin Luther King Blvd. Municipal Dr. to Parkway Dr.
11. Martin Luther King Blvd South Loop 289 to 50" Street
12. Mac Davis Lane Ave Q to Ave K
13. Ave O 41h Street to 10`h Street
14. 10th Ave Q to Ave K
15. Quaker Ave 4th Street to 19th Street
16. University Ave 82"d Street to 98th Street
17. Slide Road 19th Street to 131h Street
18. Indiana Ave Clovis Highway to 41h Street
19. Indiana Ave. South Loop 289 to 501h Street
20. Indiana Ave South Loop 289 to 82"d Street
21. Memphis Ave 82"d Street to Memphis Drive
22. Memphis Ave 93`d Street to 87th Street
23. Memphis Ave 981h Street to 93`d Street
24. Nashville Ave 93`d Street to 871h Street
25. 741h Street Quaker Ave to Utica Ave
26. Utica Ave 50th Street to South loop 289
27. Ave A 19th Street to 34th Street
28. Erskine Ave Indiana Ave to Quaker Ave
City of Lubbock
PUBLIC WORKS CONTRACTING OFFICE
ROOM 204. MUNICIPAL BUILDING
1625 13'" STREET
LUBBOCK, TEXAS 79401
PH: (806)775 2168 FAX: (806)775-2161
htip://purchasing.ci.lubbock.tx.us
RFP# 09-703-131), Addendum # 2
ADDENDUM # 2
RFP # 09-703-DD
Asphalt Patching
for the
2009 Seal Coat Project
DATE ISSUED: December 1, 2008
CLOSE DATE: December 11, 2008 @ 1:00 P.M.
The following items take precedence over specifications for the above named Request for
Proposals (RFP). Where any item called for in the RFP documents is supplemented here, the
original requirements, not affected by this addendum, shall remain in effect.
1. Offeror's must submit the "REVISED" proposal SUBMITTAL FORM, attached.
2. "Revised" maps available from The Reproduction Company will be printed in color. They
can be reached at www.thereproductioncompany.com or (806) 763-7770.
All requests for additional information or clarification must be submitted in writing and directed
to:
Darlene Doss, Buyer, City of Lubbock, P.O. Box 2000, Lubbock, Texas 79457
Questions may be faxed to (806)775-2164 or Email to ddoss ci m\ luhhock.us.
THANK YOU,
CITY OF LUBBOCK
Darlene Doss
Buyer
It is the intent and purpose of the City of Lubbock that this request permits competitive
proposals. It shall be the offeror's responsibility to advise the City of Lubbock Buyer if any
I
anguage, 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 Buyer no later than five (5) business days prior to the proposal close
date. A review of such notifications will be made.
RFP# 09-703-DDad2
i
"REVISED" PROPOSAL SUBMITTAL FORM
UNIT PRICE PROPOSAL CONTRACT i
DATE:
PROJECT NUMBER: RFP-09-703-DD - ASPHALT PATCHING FOR THE 2009 SEAL COAT PROJECT
Proposal of
(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 the construction of a ASPHALT PATCHING FOR THE
2009 SEAL COAT 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 below. The price to cover all expenses
incurred in performing the work required tender the contract documents.
Estimated
Item Quantity
No. & Unit Description of Item Total Amount
1. 1,200 SY Patching with Black Base, 3" depth (excavation of 4'/z", with replacement of 3" Black Base ;
and I %2" Type C Hot Mix), including labor, equipment, removal and disposal of asphaltic �J
surface, caliche base and subgrade (if soft or unstable) to a depth of 4'/" and replacing with
3" of Black Base and 1 '/z" Type C Hot Mix.
TOTAL ITEM # l : $ /SY( )
(Unit Price Amounts shall be shown in both words and numerals. In case of discrepancy, the amount shown in words shall govern.)
2. 9,500 SY Patching with Black Base, 6" depth (excavation of 7'/", with replacement of 6"Black Base
and 1 ''/2" Type C Hot Mix), including labor, equipment, removal and disposal of asphaltic
surface, caliche base and subgrade (if soft or unstable) to a depth of 7'/2" and replacing with
6" of Black Base and 1 ''/z' Type C Hot Mix.
TOTAL ITEM #2 : $ /SY( )
(Unit Price Amounts shall be shown in both words and numerals. In case of discrepancy, the amount shown in words shall govern.)
3. 1,800 SY Patching with Black Base, 9" depth (excavation of 10 '/2", with relacement of 9"Black Base
and 1 ''/z" Type C Hot Mix), including labor, equipment, removal and disposal of asphaltic
surface, caliche base subgrade (if soft or unstable) to a depth of 10 '/2" and replacing with
9" of Black Base and 1 %2" Type C Hot Mix..
TOTAL ITEM #3 : $ /SY( )
(Unit Price Amounts shall be shown in both words and numerals. In case of discrepancy, the amount shown in words shall govern.)
Offeror's Initials
lJ I
Esti mated
Item Quantity
No. & Unit Description of Item Total Amount
4. 200 SY Patchi ng with 2 sack f I owabl e f i 11; 6" depth, (excavation of 7'/2' , with replacement of 6" 2 sack
flowablefill and 1 1W Type Hot Mix), including labor, equipment, removal and disposal of
asphaltic surface, caliche base and subgrade(if soft or unstable) to a depth of 7'/2' and
repladng with 6" of 2 sack fIowablefiII and 1'/2" Type Hot Mix.
TOTAL ITEM #4: $ /SY( )
(Unit Rice Amounts shah be shown in both words and numerals Incase of discrepancy, the amount shown in words shall govem.)
5. 15,000 SY Patching with 1'/2" Type C Hot M ix; with approved crushed stone or approved crushed gravel,
i nd udi ng labor, equi pment, removal and disposal of exi sti ng surface, and re -work cal iche base
(if appl icable),i ncl udi ng prime and tack coat.
TOTAL ITEM #5: $ /SY( )
(Unit Rice Amounts shal I be shown in both words and numerals I n rase of discrepancy, the amount shown in words shall govem.)
TOTAL PROPOSAL, ITEMS#1 -#5:
MATERIAL
LABOR: $
TOTAL PROPOSAL
ITEMS#1 -#5: $
(Unit Rice Amounts shalI be shown in both words and numerals In case of discrepancy, the amount shown in words shall govern.)
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 ( ) # Days Completed by
Contractor ( ) Written Days Completed by Contractor CALENDAR DAYS thereafter as
stipulated in the specifications and other contract documents. Offeror hereby further agrees to pay to Owner as liquidated
damages the sum of $1,000 (ONE THOUSAND) per day in excess of the time set forth herein above for completion of this
project, ail as more ful ly set forth in the general conditi ons of the contract documents.
Offeror understands and agrees that this proposal submittal shall be completed and submitted in accordance with
instruction number 29 of the General I nstructions to Offerors.
Offeror understands that the Owner reserves the right to reject any or all proposals and to waive any formality in the
proposi ng.
The Offeror agrees that this proposal shall be good for a period of sixty (60) calendar days after the scheduled dosing
ti me for receiA ng proposals.
The undersigried Offeror hereby declares that he has visited the site of the work and has carefully examined the plans,
specif i cati ons and contract documents pertai ni ng to the work covered by thi s proposal, and he further agrees to commence
work on the date specified in the written notice to proceed, and to substantially complete the work on which he has proposed;
as provided in the contract documents.
Offeror' s Initials
W
Offerors are required, whether or not a payment or performance bond is required, to submit a cashier's check or
certified check issued by a bank satisfactory to the City of Lubbock, or a proposal bond from a reliable surety company,
payable without recourse to the order of the City of Lubbock in an amount not less than five percent (5%) of the total amount
of the proposal submitted as a guarantee that offeror will enter into a contract, obtain all required insurance policies, and
execute all necessary bonds (if required) within ten (10) days after notice of award of the contract to him. C
Enclosed with this proposal is a Cashier's Check or Certified Check for ' Dollars
($ ) or a Proposal Bond in the sum of Dollars ($ ),
which it is agreed shall be collected and retained by the Owner as liquidated damages in the event the proposal is
accepted by the Owner and the undersigned fails to execute the necessary contract documents, 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 shal I be bound and i ncl ude al I contract
documents made available to him for his inspection in accordance with the Noticeto Offerors.
Pursuant to Texas Local Government Code252.043(a), 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 CORRECTIONSTO THE
PROPOSAL PRICE MUST BE MADE ON THE PROPOSAL
SUBMITTAL FORM PRIOR TO PROPOSAL OPENING.
(Seal if Offeror is a Corporation)
ATTEST:
Secretary
Date.
Authorized Signature
(-
(Printed or Typed Name)
l
Company
Address
Offeror acknowledges receipt of the folIowing addenda: City,
Addenda No.
Date
Addenda No.
Date
Addenda No.
Date
Addenda No.
Date
County
State Zip Code
Telephone: -
Fax: -
FEDERAL TAX I D or SOCI AL SECURI TY No.
M/WBE Firm: Woman Black American NativeAmaican
Hispanic American Asian PacificAmericm Other if
City of Lubbock
PUBLIC WORKS CONTRACTING OFFICE
ROOM 204. MUNICIPAL BUILDING
1625 13STREET
LUBBOCK, TEXAS 79401
PH:(806)775-2168 FAX:(806)775-2164
httpl/purchas i ng.ci.i tibbock.tx_us
RFP# 09-703-DD, Addendum # 3
ADDENDUM # 3
RFP # 09-703-DD
Asphalt Patching
for the
2009 Seal Coat Project
DATE ISSUED: December 2, 2008
CLOSE DATE: December 11, 2008 @ 1:00 P.M.
The following items take precedence over specifications for the above named Request for
Proposals (RFP). Where any item called for in the RFP documents is supplemented here, the
original requirements, not affected by this addendum, shall remain in effect.
1. In General Instructions to Offerors, CHANGE Time and Order For Completion to read as
follows:
The construction covered by the contract documents shall be substantially completed within
ONE HUNDRED FIFTY (150) CALENDAR DAYS from the date specified in the Notice to
Proceed issued by the City Of Lubbock to the successful proposer.
2. In Notice to Offerors, the following CORRECTIONS apply:
City of Lubbock City Council will consider the proposals on DECEMBER 17, 2008.
All requests for additional information or clarification must be submitted in writing and directed
to:
Darlene Doss, Buyer, City of Lubbock, P.O. Box 2000, Lubbock, Texas 79457
Questions may be faxed to (806)775-2164 or Email to lid=€ �l
THANK YOU,
CITY OLFf LUBBOCK
Darlene Doss
t Buyer
It is the intent and purpose of the City of Lubbock that this request permits competitive
proposals. It shall be the offeror's responsibility to advise the City of Lubbock Buyer 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 Buyer no later than five (5) business days prior to the proposal close
date. A review of such notifications will be made.
RFP# 09-703-DDad3
CITY OF LUBBOCK
SPECIFICATIONS FOR
ASPHALT PATCHING FOR THE 2009 SEAL COAT PROJECT
RFP # 09-703-DD
Contract # 8786
Plans & Specifications may be obtained from
THE REPRODUCTION COMPANY
http://pr.thereproductioncompany.com/
Phone: (806) 763-7770
"A City of Planned Progress "
CITY OF LUBBOCK
Lubbock, Texas
I
Pate Intentionally Left Blank
CITY OF LUBBOCK
REQUEST FOR PROPOSALS
FOR
TITLE:
ASPHALT PATCHING FOR THE 2009 SEAL COAT PROJECT
ADDRESS: LUBBOCK, TEXAS
RFP NUMBER: 09-703-DD
CONTRACT NUMBER: 8706
PROJECT NUMBER: 92125.8304.10000
t.
CONTRACT PREPARED BY: PUBLIC WORKS CONTRACTING OFFICE
Page Intentionally Left Blank
City of Lubbock. TX
Public Works Contracting Office
Contractor Checklist for
RFP # 09-703-DD
Before submitting your proposal. please ensure you have completed and included the following:
I. ✓ Carefully read and understand the plans and specifications and properly complete the
PROPOSAL. SUBMITTAL form. Proposal Submittal form '4IL:ST be completed in blue or
black ink or by typewriter. Signatures must be original, in blue or black ink, and by hand.
Amounts shall be written in both words and numerals and in the event of a discrepancy the
amounts written in words shall govern. Include corporate seal and Secretary's signature. Identify
addenda received (if any). Include frm's FEDERAL TAX ID number or Owner's SOCIAL.
SEC( May number. Care&tily read the BASIS OF PROPOSALS and SELECTION CRITERIA
in paragraph 32 of the General Instructions to Offerors. Ensure ALL criteria are addressed in
your submittal.
�. ✓ Include PROPOSAL BOND or CASHIER'S OR CERTIFIED CHECK as your proposal surety.
Failure to provide a proposal surety WILL result in automatic rejection of your proposal.
Clearly mark the proposal number, title, due date and time and your company name and address
on the outside of the envelope or container.
4. ✓ Ensure your proposal is RECEIVED by the City of Lubbock Public Works Contracting Office
prior to the deadline. Late proposals will not be accepted,
�. ✓ Complete and submit the "CONTRACTOR'S STATEMENT OF QUALIFICATIONS-.
6. ✓ Complete and sign the CITY OF LUBBOCK INSURANCE REQUIREMENT AFFIDAVIT.
This must include the signature of the agent or broker. Contractor's signature must be original.
7. ✓ Complete and sign the SAFETY RECORD QUESTIONNAIRE, All "YES" responses must be
explained in detail and submitted with the questionnaire.
S. ✓ Complete and sign the SUSPENSION AND DEBARMENT CERTIFICATION. Include firm's
FEDERAL TAX ID number or Owner's SOCIAL SECURITY number.
9. +✓ Complete and submit the PROPOSED LIST OF SUB -CONTRACTORS.
DOCUMENTS REOIIRED WITHIN TWO BUSINESS DAYS AFTER CLOSING.
{. _ Complete and submit the FINAL LIST OF SUB -CONTRACTORS.
FAILURE TO PROVIDE ANY OF THE, ABOVE MAY RESULT IN YOI'R PROPOSAL BFING
DEEMED NON -RESPONSIVE AND, THEREFORE, NOT FURTHER EVALUATED. PLEASE
I NCLUDE T111S C:OMPI..ETED PAGE AS THE FIRST PAC F OF YOUR PROPOSAL NI'6V117TAI -
J.D. RAMMIrJ(� Pav�►�(, Co.
�J` pe or Print Company Name)
No Text
. 1.
:. 2.
_. 3.
4.
5.
�x
6.
7.
8.
F, 9.
10.
11.
12.
13.
NOTICE TO OFFERORS
GENERAL INSTRUCTIONS TO OFFERORS
TEXAS LOCAL GOVERNMENT CODE § 271.116
PROPOSAL SUBMITTAL — (must be submitted by published due date & time)
4-1. UNIT PRICE PROPOSAL SUBMITTAL FORM
4-2. CONTRACTOR'S STATEMENT OF QUALIFICATIONS
4-3. CITY OF LUBBOCK INSURANCE REQUIREMENT AFFIDAVIT
4-4. SAFETY RECORD QUESTIONNAIRE
4-5. SUSPENSION AND DEBARMENT CERTIFICATION
4-6. PROPOSED LIST OF SUB -CONTRACTORS
POST -CLOSING DOCUMENT REQUIREMENTS — (to be submitted no later than two 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
DAVIS-BACON WAGE DETERMINATIONS
SPECIAL CONDITIONS (IF APPLICABLE)
SPECIFICATIONS
Page Intentionally Left Blank
NOTICE TO OFFERORS
Pate Intentionally Left Blank
NOTICE TO OFFERORS
RFP # 09-703-DD
Sealed proposals addressed to Darlene Doss, Buyer, City of Lubbock, Texas, will be received in the
Public Works Contracting Office, Municipal Building, 1625 13th Street, Room 204, Lubbock, Texas, 79401,
until 1:00 P.M. on December It, 2008, or as changed by the issuance of formal addenda to all planholders, to
furnish all labor and materials and perform all work for the construction of the following described project:
"ASPHALT PATCHING FOR THE 2009 SEAL COAT PROJECT"
After the expiration of the time and date above first written, said sealed proposals will be opened in the
office of the Public Works Contracting Officer and publicly read aloud. It is the sole responsibility of the
proposer to ensure that his proposal is actually in the Public Works Contracting Office for the City of Lubbock,
before the expiration of the date above first written.
Proposals are due at 1:00 P.M. on December 11, 2008, and the City of Lubbock City Council will
consider the proposals on January 8, 2008 at the Municipal Building, 1625 13th Street, Lubbock, Texas, or as
soon thereafter as may be reasonably convenient, subject to the right to reject any or all proposals and waive
any formalities. The successful proposer 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 proposer will be required to furnish a payment bond in
accordance with Chapter 2253, Government Code, in the amount of 100% of the total contract price in the event
that said contract price exceeds $25,000. Said statutory bonds should be issued by a company carrying a current
Best Rating of "A" or better.
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 proposer will enter into a contract and execute all
necessary bonds (if required) within ten (10) business days after notice of award of the contract to him.
FAILURE OF THE PROPOSER TO INCLUDE PROPOSAL SECURITY WITH THE PROPOSAL
SUBMITTAL SHALL CONSTITUTE A NON -RESPONSIVE PROPOSAL AND RESULT IN
DISQUALIFICATION OF THE PROPOSAL SUBMITTAL.
It shall be each proposer's sole responsibility to inspect the site of the work and to inform himself
-: regarding all local conditions under which the work is to be done. It shall be understood and agreed that all such
factors have been thoroughly investigated and considered in the preparation of the proposal submitted. There
g ' will be a non -mandatory pre -proposal conference on December 2, 2008 at 9:00 A.M., in the Municipal
Building, Room CR204, 1625-13`h Street Lubbock, Texas.
Offerors may view the plans and specifications without charge at The Reproduction Company, 2102
Avenue Q, Lubbock, Texas 79405 or at http://pr.thereproductioncompany.com/ . ONE SET OF PLANS
AND SPECIFICATIONS MAY BE OBTAINED, AT THE CITY'S EXPENSE, FROM THE
REPRODUCTION COMPANY WITH A $100 REFUNDABLE DEPOSIT, Phone: (806) 7634770.
Deposit Checks shall be made PAYABLE TO THE CITY OF LUBBOCK, and will be refunded if documents are
returned in good condition within Sixty (60) days of the opening of Proposals. Additional sets of plans and
specifications may be obtained at the proposer's expense.
Attention of each proposer is particularly called to the schedule of general prevailing rate of per diem
wages included in the contract documents on file in the Public Works Contracting 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.
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. Ui
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 Public Works Contracting Office at (806) 775-2168 or write to Post Office
Box 2000, Lubbock, Texas 79457 at least 48 hours in advance of the meeting.
CITY OF LUBBOCK
DARLENE DOSS,
BUYER
GENERAL INSTRUCTIONS TO OFFERORS
Page Intentionally Left Blank r-I
GENERAL INSTRUCTIONS TO OFFERORS
PROPOSAL DELIVERY, TIME & DATE
The City of Lubbock is seeking written and sealed competitive proposals to furnish ASPHALT
PATCHING FOR THE 2009 SEAL COAT PROJECT per the attached specifications and contract
documents. Sealed proposals will be received no later than, 1:00 P.M. December 11, 2008 at the office
listed below. Any proposal received after the date and hour specified will be rejected and returned
unopened to the proposer. Each proposal and supporting documentation must be in a sealed envelope or
container plainly labeled in the lower left-hand corner: "RFP # 09-703-DD, ASPHALT PATCHING
FOR THE 2009 SEAL COAT PROJECT "and the proposal opening date and time. Offerors must
also include their company name and address on the outside of the envelope or container. Proposals
must be addressed to:
Darlene Doss, Buyer
City of Lubbock
1625 13th Street, Room 204
Lubbock, Texas 79401
1.1 Offerors are responsible for making certain proposals are delivered to the Public Works
Contracting Office. Mailing of a proposal does not ensure that it will be delivered on time or
delivered at all. If proposer does not hand deliver proposal, we suggest that he/she use some sort
of delivery service that provides a receipt.
1.2 Proposals will be accepted in person, by United States Mail, by United Parcel Service, or by
private courier service. No proposals will be accepted by oral communication, telephone,
electronic mail, telegraphic transmission, or telefacsimile transmission. THE CITY WILL NOT
ACCEPT FAX PROPOSALS.
1.3 The City of Lubbock reserves the right to postpone the date and time for opening proposals
through an addendum.
2 PRE -PROPOSAL MEETING
2.1 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 meeting will be held at 9:00 A.M. December 2 2008 in the
Municipal Building, CR204, 1625-13` Street Lubbock, Texas. All persons attending the
meeting will be asked to identify themselves and the prospective proposer they represent.
2.2 It is the proposer'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.
3 ADDENDA & MODIFICATIONS
3.1 Any changes, additions, or clarifications to the RFP are made by ADDENDA information
available over the Internet at www.bidsync.com. 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.
3.2 Any proposer in doubt as to the true meaning of any part of the specifications or other documents
may request an interpretation thereof from the Public Works Contracting Office. At the request
i of the proposer, or in the event the Public Works Contracting Office deems the interpretation to
0
5
be substantive, the interpretation will be made by written addendum issued by the Public Works
Contracting Office. Such addenda issued by the Public Works Contracting Office will be
available over the Internet at http://www.bidsync.com and will become part of the proposal
package having the same binding effect as provisions of the original RFP: NO VERBAL
_e
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 Public Works Contracting Office no later than five (5) calendar days before
the proposal closing date.
3.3 All addenda, amendments, and interpretations of this solicitation shall be in writing. The City of
Lubbock shall not be legally bound by any amendment or interpretation that is not in writing.
Only information supplied by the City of Lubbock Public Works Contracting Office in writing or
in this RFP should be used in preparing proposal responses. All contacts that a proposer 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.
3.4 The City does not assume responsibility for the receipt of any addendum sent to offerors.
EXAMINATION OF DOCUMENTS AND REQUIREMENTS
4.1 Each proposer 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.
4.2 Before submitting a proposal, each proposer 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 proposer from obligation to comply, in every detail, with all
provisions and requirements of the Request for Proposals.
4.3 Notices of any discrepancies or omissions in these plans, specifications, or contract
documents, shall be given to the Buyer and a clarification obtained before the proposals are
received, and if no such notice is received by Buyer prior to the opening of proposals, then
it shall be deemed that the proposer 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 proposer does not notify the Buyer 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.
PROPOSAL PREPARATION COSTS
5.1 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.
5.2 The issuance of this RFP does not obligate the City of Lubbock to enter into contract for any
services or equipment.
5.3 All costs related to the preparation and submission of a proposal shall be paid by the proposer
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6 TRADE SECRETS CONFIDENTIAL INFORMATION AND THE TEXAS PUBLIC
INFORMATION ACT
6.1 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.
6.2 The City of Lubbock will honor your notations of trade secrets and confidential information and
decline to release such information initially, but please note that the final determination of
whether a particular portion of your proposal is in fact a trade secret or commercial or financial
information that may be withheld from public inspection will be made by the Texas Attorney
General or a court of competent jurisdiction. In the event a public information request is
received for a portion of your proposal that you have marked as being confidential information,
you will be notified of such request and you will be required to justify your legal position in
writing to the Texas Attorney General pursuant to Section 552.305 of the Government Code. In
the event that it is determined by opinion or order of the Texas Attorney General or a court of
competent jurisdiction that such information is in fact not privileged and confidential under
Section 552.110 of the Government Code and Section 252.049 of the Local Government Code,
then such information will be made available to the requester.
6.3 Marking your entire proposal CONFIDENTIAL/PROPRIETARY is not in conformance with the
Texas Open Records Act.
~ 7 LICENSES PERMITS TAXES
The price or prices for the work shall include full compensation for all taxes, permits, etc. that the
proposer is or may be required to pay.
8 UTILIZATION OF LOCAL BUSINESS RESOURCES
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.
9 CONFLICT OF INTEREST
9.1 The proposer 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.
9.2 By signing and executing this proposal, the proposer 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.
10 CONTRACT DOCUMENTS
10.1 All work covered by the contract shall be done in accordance with contract documents described
in the General Conditions.
10.2 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.
11 PLANS FOR USE BY OFFERORS
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
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and prepare a proposal without charge or forfeiture of deposit. The contract documents may be
examined without charge as noted in the Notice to Offerors.
12 PROPOSER INQUIRIES AND CLARIFICATION OF REQUIREMENTS
12.1 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 Buyer 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 of Public Works Contracting Office no later than five (5) calendar days -
before the proposal closing date. A review of such notifications will be made.
12.2 NO PROPOSER 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:
Darlene Doss, Buyer U
City of Lubbock
Public Works Contracting Office
1625 131h Street, Room 204
Lubbock, Texas 79401
Fax: 806-775-2168
Email: ddossnmvlubnck.us
Bidsync: www.bidsync.com
13 TIME AND ORDER FOR COMPLETION
13.1 The construction covered by the contract documents shall be substantially completed within
ONE HUNDRED EIGHTY (150) CALENDAR DAYS from the date specified in the Notice to
Proceed issued by the City of Lubbock to the successful proposer.
13.2 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 r�
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 -j
to take such action as the City deems necessary to ensure completion of the project within the
time specified.
114 PA i'iviENT
All payments due to Contractor shall be made in accordance with the provisions of the General
Conditions of the contract documents. i
15 AFFIDAVITS OF BILLS PAID
The City of Lubbock reserves the right, prior to final acceptance of this project to require the Contractor
to execute an affidavit that all bills for labor, materials and incidentals incurred in the construction of the J
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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.
16 MATERIALS AND WORKMANSHIP
The intent of these contract documents is that only materials and workmanship of the best quality and
grade will be furnished. The fact that the specifications may fail to be sufficiently complete in some
detail will not relieve the Contractor of full responsibility for providing materials of high quality and for
protecting them adequately until incorporated into the project. The presence or absence of a
representative of the City on the site will not relieve the Contractor of full responsibility of complying
with this provision. The specifications for materials and methods set forth in the contract documents
provide minimum standards of quality, which the Owner believes necessary to procure a satisfactory
project.
17 GUARANTEES
17.1 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 ONE year from date of final
acceptance of the work as a result of defective materials or workmanship, at no cost to the Owner
(City of Lubbock).
17.2 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.
17.3 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.
17.4 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.
18 PLANS FOR THE CONTRACTOR
The contractor will, upon written request, be furnished up to ten 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.
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PROTECTION OF THE WORK
The Contractor shall be responsible for the care, preservation, conservation, and protection of all
materials, supplies, machinery, equipment, tools, apparatus, accessories, facilities, and all means of
construction, and any and all parts of the work whether the Contractor has been paid, partially paid, or
not paid for such work, until the date the City issues its certificate of completion to Contractor. The City
reserves the right, after the proposals have been opened and before the contract has been awarded, to
require of a proposer the following information:
(a) The experience record of the proposer 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 proposer.
(c) Equipment schedule. f
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.
PROTECTION OF SUBSURFACE LINES AND STRUCTURES
It shall be the Contractor's responsibility to prosecute the work contemplated by the contract documents
in such a way as to exercise due care to locate and prevent damage to all underground pipelines, utility
lines, conduits or other underground structures which might or could be damaged by Contractor during
the construction of the project contemplated by these contract documents. The City of Lubbock agrees
that it will furnish Contractor the location of all such underground lines and -utilities of which it has
knowledge. However, such fact shall not relieve the Contractor of his responsibilities aforementioned.
All such underground lines or structures cut or damaged by Contractor during the prosecution of the
work contemplated by this contract shall be repaired immediately by Contractor to the satisfaction of the
City of Lubbock, Texas, at Contractor's expense.
BARRICADES AND SAFETY MEASURES
The contractor shall, at his own expense, furnish and erect such barricades, fences, lights and danger
signals, and shall take such other precautionary measures for the protection of persons, property and the
work as may be 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.
EXPLOSIVES
23.1 The use of explosives will not be permitted unless written permission to do so is obtained by the
Contractor from the City. In all cases where written permission is obtained for the use of
explosives, the Contractor shall assume full responsibility for all damage, which may occur as a
direct or indirect result of the blasting. In addition, in all cases where explosives are authorized
to be used, the Contractor shall use utmost care so as not to endanger life or property and the
Contractor shall further use only such methods as are currently utilized by persons, firms, or
corporations engaged in similar type of construction activity.
23.2 Explosive materials shall not be stored or kept at the construction site by the Contractor.
23.3 In all cases where explosives are to be used during the construction of the project contemplated
by this contract, it shall be the duty of the Contractor to notify each utility company having
structures (above or below the ground) in proximity to the site of the work of Contractor's
intention to use explosives, and such notice shall be given sufficiently in advance to enable the
companies to take such steps as they may deem necessary to protect their property from injury.
Such notice, however, shall not relieve the Contractor of responsibility for any damage resulting
from his blasting operations.
24 CONTRACTOR'S REPRESENTATIVE
The successful proposer shall be required to have a responsible local representative available at all times
while the work is in progress under this contract. The successful proposer 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.
25.2 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 A
PRIMARY ADDITIONAL INSURED AND PROVIDE A WAIVER OF SUBROGATION
IN FAVOR OF THE CITY OF LUBBOCK AS REQUIRED BELOW, OR IN THE
ALTERNATIVE, SHALL BE ACCOMPANIED BY A STATEMENT FROM THE
CONTRACTOR TO THE EFFECT THAT NO WORK ON THIS PARTICULAR
PROJECT SHALL BE SUBCONTRACTED. IT SHALL BE THE CONTRACTOR'S
RESPONSIBILITY TO PROVIDE TO THE OWNER ALL PROOF OF COVERAGE
INSURANCE DOCUMENTS INCLUDING WORKERS COMPENSATION COVERAGE
FOR EACH SUBCONTRACTOR.
26 LABOR AND WORKING HOURS
26.1 Attention of each proposer 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 proposer' 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 proposer's obligations thereunder. The inclusion of
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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 weekends or holidays
unless the following conditions exist:
26.1.1 The project being constructed is essential to the City of Lubbock's ability to provide the
necessary service to its citizens.
26.1.2 Delays ' in construction are due to factors outside the control of the Contractor. The
Contractor is approaching the penalty provisions of the contract and Contractor can show
he has made a diligent effort to complete the contract within the allotted time.
26.2 Before construction work requiring an inspector is to be performed on weekends or holidays, the
Contractor must notify the Owner's Representative not less than three full working days prior to
the weekend or holiday he desires to do work and obtain written permission from the Owner's
Representative to do such work. The final decision on whether to allow construction work
requiring an inspector on weekends or holidays will be made by the Owner's Representative.
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.
PAYMENT OF EMPLOYEES AND FILING OF PAYROLLS
The contractor and each of his subcontractors shall pay each of his employees engaged in work on the
project under this contract in full (less mandatory legal deductions) in cash, or by check readily cashable
without discount, not less often than once each week. The Contractor and each of his subcontractors
engaged at the site of the work shall not later than the seventh day following the payment of wages, file
with the Owner's Representative, or Engineer, a certified, sworn, legible copy of such payroll. This shall
contain the name of each employee, his classification, the number of hours worked on each day, rate of
pay, and net pay. The affidavit shall state that the copy is a true and correct copy of such payroll, that no
rebates or deductions (except as shown) have been made, or will in the future be made from the wages
paid as shown thereon. The Contractor must classify employees according to one of the classifications
set forth in the schedule of general prevailing rate of per diem wages, which schedule is included in the
contract documents. The Contractor shall forfeit as a penalty to the City of Lubbock on whose behalf
this contract is made, 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.
PROVISIONS CONCERNING ESCALATION CLAUSES
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 proposer without being considered.
29 PREPARATION FOR PROPOSAL
29.1 The proposer shall submit his proposal on forms furnished by the City. All blank spaces in the
form shall be correctly filled in and the proposer shall state the price both in words and numerals,
for which he intends to do the work contemplated or furnish the materials required. Such prices
shall be written in ink, distinctly and legibly, or typewritten. In case of discrepancy between the
price written in words and the price written in figures, the price written in words shall govern.
29.2 If 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
7 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 Each proposal shall be enclosed in a sealed envelope, addressed as specified in the Notice to
i Offerors, and endorsed on the outside of the envelope in the following manner:
28.3.1 Proposer's name
-- 28.3.2 Proposal for Asphalt Patching for the 2009 Seal Coat Project RFP-09-703-DD
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.
29.5 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.
30 BOUND COPY OF CONTRACT DOCUMENTS
Proposer understands and agrees that the contract to be executed by proposer shall be bound and include
the following:
(a) Notice to Offerors.
(b) General Instructions to Offerors.
() pc Pro oser's Submittal.
(d) Statutory Bonds (if required).
(e) Contract Agreement.
(f) General Conditions.
(g) Special Conditions (if any).
(h) Specifications.
0) Insurance Certificates for Contractor and all Sub -Contractors.
(j) All other documents made available to proposer for his inspection in accordance with the Notice
to Offerors.
If Plans and Specifications are too bulky or cumbersome to be physically bound, they are to be
considered iticor-porated by reference into the aforemcntioncd contract documents.
31 QUALIFICATIONS OF OFFERORS
l The proposer 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 proposer may also be required to give a past
history and references in order to satisfy the City of Lubbock about the proposer's qualifications. The
City of Lubbock may make reasonable investigations deemed necessary and proper to determine the
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ability of the proposer to perform the work, and the proposer shall furnish to the City of Lubbock all
information for this purpose that may be requested. The proposer's proposal may be deemed not to meet
specifications or the proposal may be rejected if the evidence submitted by, or investigation of, the
proposer fails to satisfy the City of Lubbock that the proposer is properly qualified to carry out the
obligations of the contract and to complete the work described therein. Evaluation of the proposer'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 proposer 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 proposer.
(d) The quality of performance of previous contracts or services.
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(e) The safety record of the Contractor and proposed Sub -Contractors
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 three
(3) 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.
BASIS OF PROPOSALS AND SELECTION CRITERIA
The City of Lubbock will use the Competitive Sealed Proposals procurement method as authorized by
the Texas Legislature and further defined by Texas Local Government Code Section 271.116. The
selection criteria used to evaluate each proposal will include the following:
32.1 70% Price.
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32.2 20% Contractor qualifications. Complete and submit the "Contractor's Statement of
Qualifications". City shall have an opportunity to interview the job superintendent at a time to be
named after receipt of proposals.
32.3 5% Safety Record Questionnaire.
32.4 5% Construction time.
The estimated budget for the construction phase of this project is $ 1,400,000.
Proposals shall be made using the enclosed Proposal Submittal Form.
SELECTION
33.1 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.
33.2 NO INDIVIDUAL OF ANY USING DEPARTMENT HAS THE AUTHORITY TO LEGALLY
AND/OR FINANCIALLY COMMIT THE CITY TO ANY CONTRACT, AGREEMENT OR
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PURCHASE ORDER FOR GOODS OR SERVICES, UNLESS SPECIFICALLY SANCTIONED BY
THE REQUIREMENTS OF THIS REQUEST FOR PROPOSAL.
_ 33.3 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.
33.4 In 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.
33.5 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. "
34. ANTI -LOBBYING PROVISION
34.1 DURING THE PERIOD BETWEEN THE BID CLOSE DATE AND THE CONTRACT
AWARD, BIDDERS, INCLUDING THEIR AGENTS AND REPRESENTATIVES, SHALL
NOT DIRECTLY DISCUSS OR PROMOTE THEIR BID WITH ANY MEMBER OF THE
LUBBOCK CITY COUNCIL OR CITY STAFF EXCEPT IN THE COURSE OF CITY -
SPONSORED INQUIRIES, BRIEFINGS, INTERVIEWS, OR PRESENTATIONS, UNLESS
REQUESTED BY THE CITY.
34.2 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.
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 The State of Texas has adopted the Federal Davis -Bacon wage rates for use in Texas pursuant to
and in accordance with the Texas Government Code, Section 2258.022. Bidders may access the r
U. S. Department of Labor web site at the following web address to obtain the rates to be used in
Lubbock County:
http://www.gpo.gov/davisbacon/allstates.html
35.4 It shall be the responsibility of the success i �f p y successful bidder to obtain the proper wage rates from the
web site for the type of work defined in the bid specifications.
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35.5 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. rJ
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TEXAS LOCAL GOVERNMENT CODE 4 271.116
SELECTING CONTRACTOR FOR CONSTRUCTION SERVICES
THROUGH COMPETITIVE SEALED PROPOSALS
Page Intentionally Left Blank
§ 271.116
SELECTING CONTRACTOR FOR CONSTRUCTION
SERVICES THROUGH COMPETITIVE SEALED PROPOSALS
(a) In selecting a contractor through competitive sealed proposals for construction, rehabilitation, alteration, or
repair services for a facility or for construction of a project to which Section 252.043(d-1) applies, a
governmental entity shall follow the procedures prescribed by this section.
(a-1) In this section "facility" means an improvement to real property.
(b) The governmental entity shall select or designate an engineer or architect 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.
(c) The governmental entity shall provide or contract for, independently of the contractor, the inspection
services, the testing of construction materials engineering, and the verification testing services necessary for
acceptance of the facility or project by the governmental entity. The governmental entity shall select those
services for which it contracts in accordance with Section 2254.004, Government Code, and shall identify
them in the request for proposals.
(d) The governmental entity shall prepare a request for competitive sealed proposals that includes construction
documents, selection criteria, estimated budget, project scope, schedule, and other information that
contractors 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.
(e) The governmental entity shall receive, publicly open, and read aloud the names of the offerors and, if any
are required to be stated, all prices stated in each proposal. Not later than the 45th day after the date of
opening the proposals, the governmental entity shall evaluate and rank each proposal submitted in relation
to the published selection criteria.
(f) The governmental entity shall select the offeror that offers the best value for the governmental entity based
on the published selection criteria and on its ranking evaluation. The governmental entity shall first attempt
to negotiate a contract with the selected offeror. The governmental entity 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 governmental entity is unable to negotiate a 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.
(g) 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
"REVISED" PROPOSAL SUBMITTAL FORA
UNIT PRICE PROPOSAL CONTRACT
DATE: 11 pec'EM igm 2008
PROJECT NUMBER: RFP-09-703-DD - ASPHALT PATCHING FOR THE 2009 SEAL COAT PROJECT
Proposal of
J. d. CZAW404 Pftf4 CO.
(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 the construction of a ASPHALT PATCHING FOR THE
2009 SEAL COAT PROJECT having carefully examined the plans, specifications, instructions to offerors, notice to
orrerors 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 tithe set forth therein and at the price stated below. The price to cover all expenses
incurred in performing the work required under the contract documents.
Estimated
Item Quantity
No & Unit Description of Item Total Amount
I . 1.200 SY Patching with Black Base, 3" depth (excavation of 4 %,", with replacement of 3" Black Base
and I ''/z" Type C Hot Mix), including labor, equipment, removal and disposal of asphaltic
surface, caliche base and subgrade (if soft or unstable) to a depth of 4 h" and replacing with
3" of Black Base and t %:" Type C Hot Mix.
45
TOTAL ITEM # I : l'N%%T'y Nt"S DOwAJZS T14t1R1 ftVE w 39 /SY( 1 )
(Unit Price Amounts shalt be shown In both words and numerals. Incase of discrcpnncy, the amount shown in words shall govern.)
2. 9,500 SY Patching with Black Base, 6" depth (excavation of7'!:", with replacement of 6"Black Base
and I " Type C Hot Mix), including labor, equipment, removal and disposal of asphaltic
surface, caliche base and subgrade (if soft or unstable) to a depth of 7 %" and replacing with
b" of Black Base and 1 /_' Type C I-iot Mix.
qo
frystti� COUAA04 Mtr1B
TOTAL ITEM #... ft ti r.�r5
w
(Unit Price Amounts shalt be shon in ix)th words and numerals In case ut dlscrcpslK\, the amount.ihown In words shall govern
3. 1,800 SY Patching with Black Base, 9" depth (excavation of 10 Ys", with relacement of 9" Black Base
and I %" Type C Hot Mix), including labor, equipment, removal and disposal of asphaltic
surface, caliche base subgrade (if soft or unstable) to a depth of 10 ! " and replacing with
9" of Black Base and I ! - Type C Hot Mix..
Sln_
IOI�A1, ITEM #3 : Etb►+�� orb 90"05_Nk!et�ftvG �- $� - -- -=SYt
r _. -� t., , ,t ;r.,......, .. ,h ...r az sr,S , _.._ ... - .a c _
Offemr's Initials
Estimated
Item Quantity
No. & Unit Description of Item 'Total Amount
4. 200 SY Patching with 2 sack flowable fill; 6"depth. (excavation of 7 !2", with replacemept of 6" 2 sack
flowable fill and 1 %2" Type C Hot Mix), including labor, equipment. removal and disposal of
asphaltic surface, caiiche base and subgrade (if soft or unstable) to a depth of 7 %2" and
replacing with 6" of.' sack flowable fill and 1 %2" Type C Hot Mix.
TOTAL. ITEM #4: WE NuW0040 FIDE W-LAW, $ 105 "SY( � �Ll,
i Unit Pace Amounts shalt be shown in hoth words and numerals In case ot'discrepancp, the amount shown in words shall govern.)
15,000 SY Patching with I V2 ' Type C Hot Mix; with approved crushed stone or approved crushed gravel,
including labor, equipment, removal and disposal of existing surface, and re -work caiiche base
(if applicable),including prime and tack coat. F p
ITEM a5 : TtOS � � ,NY( IS t5a i
"fOT. A !_ +r,A-TEEM �tJ.J1tRSFOE, cgcNt4 $ � 7j ,� ^ �
l nit Price Amounts shall be shown in both words and numerals In case ot'discrepaney. the amount shown in words stud I govern )
TOTAL PROPOSAL, ITEMS #1 - #5:
MATERIALS: FA H1ANItW 5tOY TiIA WQ E40T 0` 41" 0 FORTY 009 tt3wty Tw$ 5 601 �d 'is
LABOR:
6 1k%WV LW aib"T'
vr4t $ 4ov, 688 --
TOTAL PROPOSAL
ITEMS #I - #5:011141E H1"0114 V 5IFTY WS TN&ASAap AVE VUbvrd.EQ T14 ml�
(I 'nit Price Amounts shalt be shown in both words and numerals In case• ot'discrepuncy, the amount shown in words shall govern.)
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 (_ 15 ) # Days Completed by
Contractor (5E11&JTY FtdE, ) Written Days Completed by Contractor CALENDAR DAYS thereafter as
stipulated in the specifications and other contract documents. Offeror hereby further agrees to pay to Owner as liquidated
damages the sum of $1,000 (ONE THOUSAND, per day in excess of the time set forth herein above for completion of this
project, all as more fully set forth in the general conditions of the contract documents.
Offeror understands and agrees that this proposal submittal shall be completed and submitted in accordance with
instruction number29 of the General Instructions to Offerors.
Offeror understands that the Owner reserves the right to reject any or all proposals and to waive anv 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 atgyree.- to cnrrtn,ener
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.
Otteror's Initials
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.
Enclosed with this proposal is a Cashier's Check or Certified Check for NA Dollars
(S NA ) or a Proposal Bond in the sum of FIJC My Dollars (S 5?0 ),
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 Tezas Local Government Code 252.043(a), a ! Date: I PEt�GM�E12'i00$
i 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 rlutho ' ed Signature
SUBMITTAL FORM PRIOR TO PROPOSAL OPENING.
?),rz . 6"Y10 L-L _
(Printed or Typed Name)
(Seal if Offeror is a Corporation)
ATTEST:
Secretary
Offeror acknowledges receipt of the following addenda:
Addenda No. 1 Date tt- 26' 09
Addenda No. 2 Date V2-1'
Addenda No. —3 Date 11-2- 0
Addenda No. Date —
\IaN-Ot: Farm. Woman 131ac
Hisnanic American Asia
J.D. f*M *A1 N+ f %%4IN V ___
Company
Address
vIST1t,4
, PLAVtS---
City,
county,78726
State
Zip Code
Telephone: '.10 - 531- 0200
Fax: 210 - q45 - 8qjl
FEDERAL TAX ID or SOCIAL SECURITY No.
?670802.___
American Native
Pacific American Other fS
CITY OF LUBBOCK
CONTiLACTOR'S STATEMENT OF QUALIFICATIONS
RFP # 09-703-DD
ASPHALT PATCHING FOR THE 2009 SEAL COAT PROJECT
Candidates must complete each of the following items in order to he considered.
FIRNINA)AE: J. D. RAMMING fl lrt CO.
BUSINESS ADDRESS:
164v9 RIATM4 LA06
3
4
5
TELEPHONE, V MI AREA CODE: (210) 53) - 0200
FAX, WITH AREA CODE: (210 1Q45j " 8 iQ,71
E MAIL ADDRESS: BeN a (ZAMMto( fA006. LOtM
INTERNET URL ADDRESS:
TYPE OF ORGANIZATION: (CHECK ONE)
a. SOLE PROPRIETORSHIP (x}
h. PARTNERSHIP ( !
c. CORPORATION
d. JOINT VENTURE ( j
PRINCIPAI.S (P) AND ASSOCIATES (A):
(W-RITE "P" OR "A" FOR EACH)
DEGREE; OR
NAME P A CI:RTIFIC'A'I'E INSTI'I'L:TIO'v
Se6 ATfA GMED
L_
c.
d.
c.
I.
CITY OF LUBBOCK
CONTRACTOR'S STATEMENT OF QUALIFICATIONS CONTINUED
6. LIST 5 MAJOR PROJECTS WITHIN THE PAST THREE YEARS THAT ILLUSTRATE YOUR
EXPERIE\CE WITH PROJECTS SIMILAR 1-0 THE CITY'S.
PROJECT OWNER YEAR COST
a. %fl A�IA443F_D_
b.
d.
e.
REFERENCES:
(INCLUDE AT LEAST THREE REFERENCES FROM THREE PROJECTS SIMILAR TO THE ONE FOR
WHICH YOU ARE COMPETING)
NAME 1) 01 A 'r101
a. -ATTA (,HE D
b.
C.
S 7 MITTED BY:
Signature:_....
Dale: it pvc..rweev, -zo*
Printed Name: (A(420L.L�
5k4 ANTONIO OAHAC-eR
Firm Name: J.D. vzAr-Awob, fAvi "6
I el �l to) s 31 - 0200 - -
Address- 16401 &ZATThr-1 ( ArjE
city: AU5T«i
State:
PAVING COMPANY L M
16409 Bratton Ln.
Austin. Texas :'871-9
O ice (51?) 251-3713,
Fax (512) -251-3709
F J.D. Ramming Paving Company, Ltd. was incorporated in the
State of Texas in May 1993. This company formerly did
business as Asphalt, Inc. from August 1988 to May 1993.
The Corporate Officers of the company are:
John D. Ramming, Chief Executive Officer
Chuck Fuller, President
Dean Lundquist, Vice President of Sales and Financing
David Fuller, Vice President of Field Operations
Jim Ramming, Treasurer
Dean Lundquist, Secretary
Grant Shelton, CPA, Chief Financial Officer/Controller
The background and experience of the principal members of our company
are as follows:
John D. Ramming
Seventeen years experience in the asphalt paving industry. Formerly
Vice President of Asphalt, Inc. from 1986-1993.
Jim Ramming, Operations Manager
Commercial, Residential and Utility Division. Employed with Ramming
Paving since 1997. Currently is Senior Estimator and Project Manager
of both Austin and San Antonio maintenance operations.
Chuck Fuller
Employed with Ramming Paving since March 1998. Formerly with
Austin Bridge & Road from 1985 to 1998 holding the positions of
Asphalt Plant Manager of the Cedar Rapids drum mix plant, Senior
Estimator, Project Manager and Safety Officer
David Fuller
Employed with Ramming Paving since October 1995. Formerly with
Austin Bridge & Road for 10 years as General Superintendent
responsible for a variety of paving projects.
Grant D. Shelton, CPA
Employed with Ramming Paving since September 1998. Formerly in
Public Accounting for 9 years and was Audit Manager of local
accounting firm specializing in construction accounting and corporate
taxation.
16409 Bratton La.
Austin, Texas 78728
Office (512) 251-3-13
Fax (512) 251-37-04)
Dean Lundquist
Employed with Ramming Paving since October 1996. Formerly with
Balcones Southwest Insurance Company for 1-1/2 years. Currently is
Senior Estimator for both Austin and San Antonio divisions.
Lance Townsend, VP of Operations, RTI Materials & Hot Mix
Employed with RTI Hot Mix, July 2001, Formerly with Capitol
Aggregates - Bolm Rd operation from 1996 to 2001 as a plant operator
and plant supervisor.
Ben Carroll, Operations Manager, San Antonio Division
Ben has been employed with Ramming Paving since December 2005.
He has a Bachelors of Science degree in Chemical Engineering from
Texas A&M University and is also a Professional Engineer in multiple
states. Ben was previously employed with Byrne & Jones Construction
from 1999 - 2005 as an area manager.
Rufus Vasquez - Transportation Manager
Employed with Ramming Paving since 2001. Formerly, Owner of
Vasquez Trucking from 1990 - 1998. Rufus is the Manager for
Ramming Transportation Co., Inc. which provides efficient and timely
transportation services and support to Ramming Paving and RTI with
an emphasis on safety and continued compliance with all state and
federal regulations. Rufus is a member of TMTA. Ramming
Transportation has 25 belly dumps and 14 tri-axels.
Doug Wilcox, Environmental, Health and Safety Manager
Employed with Ramming Paving since March 2006. Formerly, with 3M
for 18 years advising business units on health, safety, and
environmental issues pertaining to products and manufacturing
processes.
r
i
•
��ming
LIST OF MUNICIPAL & NON -MUNICIPAL PROJECTS
Agency/Owner
Texas Department of Transportation AL-5001
Contract #
LSI-09-K074A
Name, Location
SH 130 Segment 1, Austin Texas
Surety Company
Safeco
Sub or Prime
Subcontractor
Goods/Services Provided
Asphalt Paving
Start and Completion Dates
1/30/05 - 12/13/07
Contract Amount
$4,668,482.18
Christensen,lLone Infrastructure493-1600
rrrcher(
We
Contact Name & No.
Supervisor (s)
F12)
Gerry ttetn, eddy Escobar
nY y
Equipment used
Please see attached equipment list
Agency/Owner
Texas Department of Transportation AL-5002
Contract #
LSI-09-K074B
Name, Location
SH 130 Segment 1, Austin Texas
Surety Company
Safeco
Sub or Prime
Subcontractor
Goods/Services Provided
Asphalt Paving
Start and Completion Dates
12/28/04 - 12/13/07
Contract Amount
$12,258,453.21
Wyatt Christensen, Lone Star Infrastructure (512) 493-1500
Contact Name & No.
Supervisor (s)
Gerry Velarde, Jimmy Totten, Darren Archer, Freddy Escobar
Equipment used
Please see attached equipment list
Agency/Owner
Texas Department of Transportation AL-5003
Contract #
LSI-09-K074C
Name, Location
SH 130 Segment 1, Austin Texas
Surety Company
Safeco
Sub or Prime
Subcontractor
Goods/Services Provided
Asphalt Paving
Start and Completion Dates
1130/05 - 11/01/08
Contract Amount
$6,713,304.59
Wyatt Christensen, Lone Star Infrastructure (512) 493-1500
Contact Name & No.
Supervisor (s)
Gerry Velarde, Jimmy Totten, Darren Archer, Freddy Escobar
Equipment used
Please see attached equipment list
Agency/Owner
Texas Department of Transportation AL-5004
Contract #
LSI-09-K074C
Name. Location
SH 130 Segment 1, Austin Texas
Surety Company
Safeco
Sub or Prime
Subcontractor
Goods/Services Provided
Asphalt Paving
Start and Completion Dates
1/30/05 - Present
Contract Amount
$3,574,593.00
Wyatt Christensen, Lone Star Infrastructure (512) 493-1500
Contact Name & No.
Supervisor (s)
Gerry Velarde, Jimmy Totten, Darren Archer, Freddy Escobar
Equipment used
Please see attached equipment list
1 of 4
16409 Bratton Ln.
Austin, Texas 78 728
Office (512) 251-3713
Fax (512) 2-51-3709
�min
VG COMPANY LTD. �
16409 Bratton Ln.
Austin, Texas'8728
Office i 12) 251-371 3
Fax (512) 251-370Q
Agency/Owner
Texas Department of Transportation AL-6199
Contract #
CPM 15-17-19
Name, Location
IH 35 Williamson County, Georgetown, Texas
Surety Company
Safeco
Sub or Prime
Prime
Goods/Services Provided
Asphalt Paving
Start and Completion Dates
3/5107 - 11/25/07
Contract Amount
$1, 525,210.90
Contact Name & No.
Linda Grunke, TXDOT (512) 930-869-1419
Supervisor (s)
Gerry Velarde, Jimmy Totten, Darren Archer, Freddy Escobar
Equipment used
Please see attached equipment list
Agency/Owner
Texas Department of Transportation AL-7060
Contract #
NH 2O07 (350)
Name, Location
Loop 1, Austin, TX
Surety Company
Safeco
Sub or Prime
Subcontractor
Goods/Services Provided
Asphalt Paving
Start and Completion Dates
5122/07 - Present
Contract Amount
$10,851,936.68
Contact Name & No.
Dan Williams Company
Supervisor (s)
Gerry Velarde, Jimmy Totten, Darren Archer, Freddy Escobar
Equipment used
Please see attached equipment list
Agency/Owner
City of Austin Public Works AL-7095
Contract #
PWC 0069
Name, Location
Austin, Texas
Surety Company
Safeco
Sub or Prime
Prime
Goods/Services Provided
Asphalt Paving
Start and Completion Dates
8/15/07 - Present
Contract Amount
$3,240,784.34
Contact Name & No.
Darry Haba, City of Austin(512) 974-7205
Supervisor (s)
Gerry Velarde, Jimmy Totten, Darren Archer, Freddy Escobar
Equipment used
Please see attached equipment list
Agency/Owner
Texas Department of Transportation SA-7217
Contract #
C 151-9-135
Name, Location
Austin, Texas
Surety Company
Safeco
Sub or Prime
Prime
Goods/Services Provided
Aspahlt Paving
Start and Completion Dates
7/6/07 - 12/19/07
Contract Amount
$1, 386, 340.38
Contact Name & No.
Rosalinda Gamez, TXDOT (5121)997-2229
Supervisor (s)
David Schneider
Equipment used
Please see attached equipment list
2 of 4
H
.71MIA ff
16409 Bratton Ln.
Austin. Texas 7S 7 23
Office (512)'_51-3713
Fax (512) _251-3 709
Agency/Owner
Texas Department of Transportation AL-7094
Contract #
NH 2O07 (460)
Name, Location
SH 45 S.E.
Surety Company
Safeco
Sub or Prime
Subcontractor
Goods/Services Provided
Aspahft Paving
Start and Completion Dates
1oil 3/07 - Present
Contract Amount
$13,665,376.44
Terry Oliver, Balfour Beatty (512) 523-0455
Contact Name & No.
Gerry Velarde, Jimmy Totten, Darren Archer, Freddy Escobar
Supervisor (s)
Equipment used
Please see attached equipment list
A encY /Owner
9
City of San Antonio SA-7260
Silverado Brothers for City Project Number
Contract #
Name, Location
Please see
Lockhill Selma, San Antonio, Texas
Surety Company
Safeco
Sub or Prime
Subcontractor
Goods/Services Provided
Aspahlt Paving
Start and Completion Dates
12/13/07 - Present
Contract Amount
$1,276,400.50
Martha Adame, Silverado l
Contact Name & No,
Delgado
David Schneider, Orla do Va gas, Juan)
supervisor (s)
Equipment used
Please see attached equipment list
Agency/Owner
City of San Antonio SA-7259
Silverado Brothers for City Project Number
Contract #
Name, Location
Please see
Durango II, San Antonio, Texas
Surety Company
Safeco
Sub or Prime
Subcontractor
Goods/Services Provided
Aspahlt Paving
Start and Completion Dates
Unstarted
Contract Amount
$225,322.75
Martha Adame, Silverado Brothers (210)541-9111
Contact Name & No.
David Schneider, Orlando Vargas, Juan Delgado
Supervisor (s)
Equipment used
Please see attached equipment list
A9e Y nc lowner
City of Kerrville SA-7287
Contract #
2007 Asphalt Maintenance Project
Name, Location
Kerrville, Texas
Surety Company
Safeco
Sub or Prime
Prime
Goods/Services Provided
Aspahlt Paving
Start and Completion Dates
10/15/07 - 12/16/07
Contract Amount
$343.460.50
Contact Name & No.
Paul Hofmann, City of Kerrville
David Schneider, Orlando Vargas, Juan Delgado
Supervisor (s)
Equipment used
Please see attached equipment list
3 of 4
)74
llllllll�" VG COMPANY LTD.
16409 Bratton Ln.
Austin. Texas'8728
Office (5)2)251-3-13 r
Fax (512) 251-3:09 1
Agency/Owner
City of Uvalde SA-7300
Contract #
None
Name, Location
Uvalde, Texas
Surety Company
Safeco
Sub or Prime
Prime
Goods/Services Provided
Asphalt Paving
Start and Completion Dates
11/06/07 - 11/30/07
Contract Amount
$135,928.00
Contact Name & No.
City of Uvalde
Supervisor (s)
David Schneider, Orlando Vargas, Juan Delgado
Equipment used
Please see attached equipment list
H
4 of 4
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
t 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 rive (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 (CCEQ). 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, funs
assessed, pending criminal complaints, indictments, or convictions, administrative orders, draft orders, final
p 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 safetyrelated 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
three (3) questions and submit them with their proposals:
Oi:ESTION ON
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.
Offeror's Initials
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,
suspensionirevocations 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 N0
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.
QUESTION THREE
I las 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 —I—_
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.
ACKNOWLEDGEMENT
THE STATE OF TEXAS
COUNTY OF LUBBOCK
1 certify that 1 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.
Signature
Title
CITY OF LUBBOCK
INSURANCIL REQUIREMENT AFFIDAVIT
To 3c Coirpleted by 01retorand Agent
Mwit be submitted with pr-0110sal
-.ttidervured ofteror. --emiN that the insurtince rcquiremetwi contained in this proposal document lmvc boxit
jtv idewified Insurmice Agent!Uroker. If I an; awarded this contracy, by the Cit\ of L-jhhouk.
%0! m-able it). %%jjj)i!,, ter i 10)mi5mess days after tvijig nutified or'such award by the City ot'Lubbock. furnish a vaihl
("I\. IMUCtifle all of the requirements defined in this proposal.
finalSip'i Contractor (Print)
'J.D. Rwadng Paving Cry, IM)
sprint or *rvpL)
16409 Bratton Izw
FIRM ADDRESS:
Austin, '11 78728
.\;mw Insurance Network of 'rexas
.k-csit: Broker(Signature)Robert Jwas Nitsche, Attorney-Irr-Fact
143 E. Austin
Giddings, TX 78%2
.41 A.er -elo.pheme Nium her- ( 979 542-3666
121101W
NOTE TO CONTRACTOR
If Lite time requirement specified above is not met, the City has the right to reject this proposal and award ,- the
contract manother contractor. If you have any questinas concerning these requiremcnis. please contact the Buyer.
for the City of Lubbock at8116) 77*5-2163.
ii 09-703-00
St:SPENSION AND DEBAWNIENT CERTIFICATION
Federal I.aw iA-l02 Common Rule and OMB Circular A -I 10) prohibits non -Federal entities from contracting with or
malting sub -awards under covered transactions to parties that are suspended or debarred or whose principals are
suspended or debarred. Covered transactions include procurement contracts for goods or services equal to or in excess of
$25.000 and all non -procurement transactions (e.g., sub -awards to sub -recipients).
Contractors receiving individual awards of $25,000 or more and all sub -recipients must certify that their organization and
its principals are not suspended or debarred by a Federal agency.
Before an award of $25,000 or more can be made to your firm, you must certify that your organization and its principals
are not suspended or debarred by a Federal agency.
1, the undersigned agent for the firm named below, certify that neither this firm nor its principals are suspended or
debarred by a Federal agency.
COMPANY NAME: J.D. l2AMMIM� ?AV iN& CO.
FEDERAL TAX ID or SOCIAL SECURITY No.
Signature of Company Official:
Printed name of company official signing above: D13A k. WNDOW4,T
Date Signed: I i Dtcet-16EM 2009
No Text
1.
3.
4.
5.
G.
7.
8.
9
10.
11.
1,
13.
14.
15.
16.
PROPOSED LIST OF Si. B-CONTRACTORS
Company Nance and City 1✓linoriq Owned
Yes or No
�0 SugCoNT AAt-TO KS
.J
THIS FO%M SHALL BE COMPLETED AND RETCRNED ALONG WITH YOUR PROPOSAL.
IF NO SUB -CONTRACTORS WILL BE USED PLEASE INDICATE SO
POST -CLOSING DOCUMENT REQUIREMENTS
The below -listed document must be received in the Public Works Contracting Office
Not Later Than TWO BUSINESS DAYS after the close date when proposals are due.
FINAL LIST OF SUB -CONTRACTORS
Page Intentionally Left Blank
FINAL LIST OF SUB -CONTRACTORS
Company Name and City
1.
2.
3.
4.
5.
6.
7.
8.
9.
10.
11.
12.
13.
14.
15.
16.
Minority Owned
Yes or No
❑ ❑
11
E
❑ ❑
❑ ❑
F7
-J,
THIS FORM SHALL BE COMPLETED AND RETURNED NOT LATER THAN TWO BUSINESS
DAYS AFTER THE CLOSE DATE WHEN PROPOSALS ARE DUE
IF NO SUB -CONTRACTORS WILL BE USED PLEASE INDICATE SO
Page Intentionally Left Blank
PAYMENT BOND
Pate Intentionally Left Blank
a
1
STATUTORY PAYMENT BOND PURSUANT TO SECTION 2253.021(a)
OF THE TEXAS GOVERNMENT CODE Bond#6580755
(CONTRACTS MORE THAN $25,000)
KNOW ALL MEN BY THESE PRESENTS, that J.D. Ranrfdng Paving Company, I-4hereinafter called the Principal(s),
as Principal(s), and Safeco Insurance Company of America
(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 NLre Hundred Sixt One Thousand Five Hundi)edlars (Sg61, 1 gam) lawful money of the
United States for the payment whereof, the sa Yic, 9P urety bind themselves, and their heirs, administrators,
executors, successors and assigns, jointly and severally, firmly by these presents.
WHEREAS, the P ' ipaI has entered into a certain written contract with the Obligee, dated the 8th day of
January 200`''t Proposal #09-703-DD- Asphalt Patching for the 2009 Seal Coat 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
r__, 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
14th day of Janary IMA 2009
Safeco Insurance Company of America
Surety
* -_.
By.
(Title)
Robert James Nitsche, Attorney -an Fact
J.D. Rmdng Paving Company, LTD
(Company Name)
By: b- y De 0- • �
(Printed Name)
r42A— 0
(Signature)
eF-BSI D e M T
(Title)
The undersigned surety company represents that it is duly qualified to do business in Texas, and hereby
designates Howard Cowan Bond Agengn 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.
Safeco Insurance Comoanv of America
Approved as to form:
Surety
* By
(Title)
Robert James Nitsche
Attorney—Rn Fact
* 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.
CA
4_e
PERFORMANCE BOND
Page Intentionally Left Blank
1- < STATUTORY PERFORI4IANCE BOND PURSUANT TO SECTION 2253.021(a)
OF THE TEXAS GOVERNMENT CODE
(CONTRACTS MORE THAN $100,000) Bond #6580755
paving
KNOW ALL MEN BY THESE PRESENTS, that J.D. Rmu ng (herema ei cakt �e Principal(s), as Principal(s), and
America
(hereinafter called the Suret, ea� SStwet (s�J, are �teld-and final bound unto the City of5Lu Lubbock (liereinafier called the
Obligee), in the amount of Th�'/ i e otlsand Five Hun#YAars ($ yJ66 ) 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 Princips entered into a certain written contract with the Obligee, dated thePth day of
Jan�y
�, Proposal #09-703-DD-Asphalt Patching for the 2009 Sol ('na1`Prn t
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 Govenu-nent 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 14th
day of January JOM 2009
Safeco Insurance C npany of America
Surety
*B
(Title)
Robert James Nitsche, Attorney -In -Fact
J.D. Ramidm Paving Ccmparty, LTD
(Company Name)
By: Gay pc- 0--
(Printed Name)
(Signatur)
M<2 D�1
(Title)
I",
The undersig ted surety company represents that it is duly qualified to do business in Texas, and hereby
designates Howard Cowan Bond Agency 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.
Safeco Insurance Company of America
Approved as to Form
City Lubbock
By:
y ttorney
Surety
(Title)
Robert James Nitsche Attorney in -Fa t
* 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 tiles.
POWER
OF ATTORNEY
KNOW ALL BY THESE PRESENTS:
No. 11429
Safeco Insurance Company of America
General Insurance Company of America
Safeco Plaza
Seattle, WA 98186
That SAFECO INSURANCE COMPANY OF AMERICA and GENERAL INSURANCE COMPANY OF AMERICA, each a
Washington corporation, does each hereby appoint
."DAVID P. FERGUSON; VIOLET FROSCH; ROBERTJAMES NITSCHE; ROBERTK NITSCHE; CRAiG PARKER; NINA K SMITH; Giddings, Texas"
its true and lawful attomey(s)-in-fact, with full authority to execute on Its behalf fidelity and surety bonds or undertakings and other
documents of a similar character Issued in the course of Its business, and to bind the respective company thereby.
IN WITNESS WHEREOF, SAFECO INSURANCE COMPANY OF AMERICA and GENERAL INSURANCE COMPANY OF
AMERICA have each executed and attested these presents
this 16th
day of July
, 2008
STEPHANIE DALEY(-\WATSON SECRETARY TIM MIKOLA'EWSKI SENIOR VICECE-PRESIDENT SURETY
CERTIFICATE
Extract from the By -Laws of SAFECO INSURANCE COMPANY OF AMERICA
and of GENERAL INSURANCE COMPANY OF AMERICA:
"Article V, Section 13. - FIDELITY AND SURETY BONDS ... the President, any Vice President, the Secretary, and any Assistant Vice
President appointed for that purpose by the officer in charge of surety operations, shall each have authority to appoint individuals as
attomeys-in-fact or under other appropriate titles with authority to execute on behalf of the company fidelity and surety bonds and
other documents of similar character Issued by the company In the course of Its business... On any Instrument making or evidencing
such appointment, the signatures may be affixed by facsimile. On any Instrument conferring such authority or on any bond or
undertaking of the company, the seal, or a facsimile thereof, may be Impressed or affixed or In any other manner reproduced;
provided, however, that the seal shall not be necessary to the validity of any such Instrument or undertaking."
Extract from a Resolution of the Board of Directors of SAFECO INSURANCE COMPANY OF AMERICA
and of GENERAL INSURANCE COMPANY OF AMERICA adopted July 28, 1970.
"On any certificate executed by the Secretary or an assistant secretary of the Company setting out,
0) The provisions of Article V, Section 13 of the By -Laws, and
(11) A copy of the power-of-attomey appointment, executed pursuant thereto, and
(111) Certifying that said power-of-attomey appointment is In full force and effect,
the signature of the certifying officer may be by facsimile, and the seal of the Company may be a facsimile thereof.'
1, Stephanie Daley -Watson Secretary of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE
COMPANY OF AMERICA, do hereby certify that the foregoing extracts of the By -Laws and of a Resolution of the Board of Directors
of these corporations, and of a Power of Attorney issued pursuant thereto, are true and correct, and that both the By -Laws, the Resolution
and the Power of Attorney are still in full force and effect.
IN WITNESS WHEREOF, 1 have hereunto set my hand and affixed the facsimile seal of said corporation
this 14th day of Janijaiv 2009
cW,�yE CQAl�,
CORPORATE
SEAL w SEAL Xt'rP,w,.v o40_i
�t 1953 j92,4 a`
FDf {yr{g►i11i lj�nf * STEPHANIE DALEY-WATSON, SECRETARY
S-0974105 4105
SafscoO and the Safeco logo are registered trademaft of Safeco Corporation,
WE8 PDF
H
v
i
I
I
I
CERTIFICATE OF INSURANCE
Page Intentionally Left Blank
CERTIFICATE OF INSURANCE
TO: CITYOF LUBBOCK
DATE: 01/14/09
P.O. BOX 2000, Room 204 Tlc'PE OF PROJECT': ##4531— Asphalt Patching 2009
LUBBOCK., TX 79457 (Name and Address Of insured) is,
THIS IS TO CERTIFY THAT J D R.ammin Pavin CO.
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 of the standard policies used by this company, the further
hereinafter described. Exceptions to standard policy noted hereon,
LIAt1TS
TYPE
X Commercial General Litrbility
Claims Made
X Occurrence
Owners & Contmeturs Protective
I
S
X Any Auto
All Owned Autos
Scheduled Autoa
x Hired Autos
x Non -Owned Am%
Any Auto
DATE D:kTE
G�mcral AggregaloS2,2 000, 000
7CP03994A-3312 06f08/0$ 06/08/09 Products-CompOpACiGS2 fl00,, D00
PcrSannl & Adv Injury S.0
American Eacil Occurrencusl, 000 000
----� L Q 0 , 00 0
Fire Dnmagc(Any one Fire) S__„
yled Exp (Any one Pel'snnl
BAP! 399431304 06/08/08 06/08/09 C'tNnbinedSinggleLinlitS11000,000
American Zurich Bodily Injury (Per Person) S_
Bndily lnjnly (Per Accident) S _
NropLay Damage S�
Auto Only - Etch Accident 5 ._
Other that) Auto Only;
Each Accident S_
AggliM1att S_
I L1ILDER S RISI;
5 _--�-
S
1Ot)"..fi nl'the Total Cnniruttt Price
_ —
I,N'S7'.4tL.1T10N no.•iTEk
15.1'L'LSSLIABILITI'
AUC534714602
06/08/08
06/08/09
lacltOccunencc 55,00 0,0�0
S,5LOQ0.000—
X Umbrella runn
American Guarantee
Aggregalt
$
Other Than Umbrella Fnml
i ii,oRKEPSCOMPEA'5AI1UNJIVVD
WC3994311
06/08/OB
06/08/09
ldlPLQrLRS'Lf.4HII.17t'
T1tr pnlpr3etur/ Xincluded
American Zurich
c Limitscident 5 1,000,000
ELuclsoeb Accident
' P;trinervExccutiee Excluded
Discuse Policy Linlit S 1, 000, O00
Disease -arch Employee 51 0 0 0, 0 0 0
j OlTcers are:
C)TNRR
The above policies either in the body thereof or by appropriate endorsement provide that they may not he changed Or
legal time required after the insured has received written notice of such change or
t canceled by the insurer in less than the
is legal requirement, in less than
five days in advance of cancellation.
cancellation, or in case there no
COPIER OF T13E CERTiF1CATI OF INSURANCE
paes
Zurich North American Comni
insurer)
FIVE
(Nance of
VVIUST BE SENT TO THE CITY OF LUB13OCK
Title: Agent-- 5 .ance Network of Texas
The Insurance Certiftcates furnished shall name the City of
Lubbock as a Primary Additional Insured on General
the City of Lubbock.
Liability and provide a Waiver of Subrogation on
l
t_
all policies in favor of
LA
I
Client#• 14806
�3
COVERAGES
InDARRI
ACORD- CERTIFICATE OF LIABILITY INSURANCE
DATE
01/16/090 )
PRODUCER
Insurance Network of Texas
143 East Austin
Giddings, TX 78942-3299
979 542-3666
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
INSURERS AFFORDING COVERAGE
NAIC #
INSURED
J D Ramming Paving Co. Ltd.
16409 Bratton Lane
Austin, TX 78728
INSURER A: Zurich American Insurance Company
16535
INSURER B: American Guarantee & Liability Ins
26247
INSURERc: American Zurich Insurance Company
40142
INSURER D:
INSURER E:
THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING
ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR
MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH
POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
INSR
LTR
DD'
NSR
TYPE OF INSURANCE
POLICY NUMBER
POLICY EFFE
WANE( MM/D1CTIVE
POLICY EXPIRATION
DATE DD
LIMITS
A
GENERAL LIABILITY
CP03994312
06/08/08
06/08/09
EACH OCCURRENCE
$1 000 000
DAMAGE TO RENTED
$300OOO
X COMMERCIAL GENERAL LIABILITY
MED EXP (Any one person)
$1 O 000
CLAIMS MADE 51OCCUR
PERSONAL & ADV INJURY
$1 OOO 000
X BI/PD Ded:2,500
GENERAL AGGREGATE
s2,000,000
GEN'L AGGREGATE LIMIT APPLIES PER:
PRODUCTS - COMP/OP AGG •
s2,000,000
POLICY PRO LOC
JECT
C
AUTOMOBILE
LIABILITY
ANY AUTO
BAP399431304
06/08/08
06/08/09
COMBINED SINGLE LIMIT
(Ea accident)
$1 OOO OOO
r ,
X
BODILY INJURY
(Per person)
$
ALL OWNED AUTOS
SCHEDULED AUTOS
X
BODILY INJURY
(Per accident)
$
HIREDAUTOS
NON -OWNED AUTOS
X
PROPERTYDAMAGE
(Per accident)
$
GARAGE LIABILITY
AUTO ONLY - EA ACCIDENT
$
OTHER THAN EA ACC
$
ANY AUTO
H
$
1
AUTO ONLY: AGG
B
EXCESS/UMBRELLA LIABILITY
AUC534714603
06/08/08
06/08/09
EACH OCCURRENCE
$5 000,000
AGGREGATE
$5.000,000
X OCCUR CLAIMS MADE
$
DEDUCTIBLE
$
RETENTION $
C
WORKERS COMPENSATION AND
WC3994311
06/08/08
06/08/09
X DR I IMIT 0ER
E.L. EACH ACCIDENT
$1,000,000
EMPLOYERS' LIABILITY
ANY PROPRIETOR/PARTNER/EXECUTIVE
OFFICERIMEMBER EXCLUDED?
E.L. DISEASE - EA EMPLOYEE
$1 000 000
E.L. DISEASE - POLICY LIMIT
$1 00O 000
If yes, describe under
SPECIAL PROVISIONS below
OTHER
DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES / EXCLUSIONS ADDED BY ENDORSEMENT / SPECIAL PROVISIONS
As required by written contract Certificate Holder is named as Additional Insured on the
Auto and General Liability Policies. A Waiver of Subrogation is provided in favor to the
Certificate Holder on the Auto, General Liability and Workers Compensation Policies as
required by written contract.
CERTIFICATE HOLDER liANt r_LLAI IUM
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION
City of Lubbock DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL I()_ DAYS WRITTEN
P.O. BOX 2000 NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL
Room 204 IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR
Lubbock, TX 79457 REPRESENTATIVES.
AUTHORIZED REPRESENTATIVE
i.^ern n/1G lfA�AT1Ar.1 A�49
ACORD 25 (2001108) 1 of 2 #257291 U00 w -- ^.
CONTRACTORCHECKLIST
A CONTRACTOR SHALL:
1 provide coverage for its employees rovidin services on a project, for the duration of the project based
_ O P gproviding P j P j
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 A PRIMARY ADDITIONAL INSURED AND PROVIDE A WAIVER OF
SUBROGATION IN FAVOR OF THE CITY OF LUBBOCK, OR IN THE ALTERNATIVE, SHALL BE
ACCOMPANIED BY A STATEMENT FROM THE CONTRACTOR TO THE EFFECT THAT NO WORK ON
THIS PARTICULAR PROJECT SHALL BE SUBCONTRACTED. IT SHALL BE THE CONTRACTOR'S
RESPONSIBILITY TO PROVIDE TO THE OWNER ALL PROOF OF COVERAGE INSURANCE
DOCUMENTS INCLUDING WORKERS COMPENSATION COVERAGE FOR EACH SUBCONTRACTOR.
REQUIRED WORKERS' COMPENSATION COVERAGE
"The law requires that each person working on this site or providing services related to this construction project must (see
reverse) be covered by workers' compensation insurance. This includes persons providing, hauling, or delivering l
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
(8) contractually require each person with whom it contracts to provide services on a project, to:
(A) provide coverage based on proper reporting of classification codes and payroll amounts and
P P p g pY
filing of any coverage agreements for all of its employees providing services on the project, for
the duration of the project;
(B) provide a certificate of coverage to the contractor prior to that person beginning work on the
project;
(C) include in all contracts to provide services on the project the language in subsection (e) (3) of this
rule;
(D) provide the contractor, prior to the end of the coverage period, a new certificate of coverage
showing extension of coverage, if the coverage period shown on the current certificate of
coverage ends during the duration of the project;
(E) obtain from each other person with whom it contracts, and provide to the contractor:
(i) a certificate of coverage, prior to the other person beginningwork on the project; and
P J
(ii) prior to the end of the coverage period, a new certificate of coverage showing extension of the
coverage period, if the coverage period shown on the current certificate of coverage ends during
the duration of the project;
(F) retain all required certificates of coverage on file for the duration of the project and for one year
thereafter;
lj
(G) notify the governmental entity in writing by certified mail or personal delivery, within (ten) 10
days after the person knew or should have known, of any change that materially affects the
provision of coverage of any person providing services on the project; and 1
(H) contractually require each other person with whom it contracts, to perform as required by
paragraphs (A) - (H), with the certificate of coverage to be provided to the person for whom they
are providing services.
CONTRACT
Pap-e Intentionally Left Blank
CONTRACT # 453+ f 7t� _X
STATE OF TEXAS
COUNTY OF LUBBOCK
i
THIS AGREEMENT, made and entered into this 81' day of January, 2009 day of 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 J.D. RAMMING PAVING of the City of AUSTIN, County of TRAVIS
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:
PROPOSAL # 09-703-DD - ASPHALT PATCHING FOR THE 2009 SEAL COAT PROJECT $961,530
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. J.D. RAMMING PAVING's proposal dated December 11, 2008 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,
a Texas in the year and day first above written.
CONTRACTOR: CITY OF LUBBOCK, TEXAS (OWNER):
NLI to., L-Z - By: —
MAYOR
•kyjlZr
► �AIII IIIIII�11
COMPLETE ADDRESS:
Company J • P. um"6P&Vlf 1 U. L
Address1(.PC61 f3FATRA LAMG
City, State, Zip "51-W t TY Mrl U-5
ATTEST:
L 'Ja
Corpofafe Secretary
ATTEST:
City Selretary
AP�7cD AS ;(,'CONTENT:
• n
9*ner's Repregentative
Director
APPROVED AS FO
Ci kttom
GENERAL CONDITIONS OF THE AGREEMENT
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GENERAL CONDITIONS OF THE AGREEMENT
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.
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 J.D. RAMMING PAVING who has agreed to perform the work embraced in
this contract, or their legal representative.
3. OWNER'S REPRESENTATIVE
Whenever the word Owner's Representative or representative is used in this contract, it shall be understood as
referring to, City of Lubbock, or its representative Kevin Lair, Street Superintendent 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".
5. INTERPRETATION OF PHRASES
Whenever the words "Directed," "Permitted," "Designated," "Required," "Considered Necessary," "Prescribed,"
or words of like import are used, it shall be understood that the direction, requirement, permission, order,
designation or prescription of the Owner's Representative is intended; and similarly, the words "Approved,"
"Acceptable," "Satisfactory," or words of like import shall mean approved by or acceptable or satisfactory to the
Owner's 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).
k._ 7. WRITTEN NOTICE
Written notice shall be deemed to have been duly served if delivered in person to the individual or to a member of
the firm or to an officer of the corporation for whom it is intended, or if delivered at or sent certified mail to the
last business address known to the party who gives the notice.
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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.
LAYOUT
Except as specifically provided herein, the Contractor shall be responsible for laying out all work and shall
accomplish this work in a mariner acceptable to the Owner's Representative. The Owner's Representative will
check the Contractor's layout of all major structures and any other layout work done by the Contractor at
Contractor's request, but this check does not relieve the Contractor of the responsibility of correctly locating all
work in accordance with the Plans and Specifications.
KEEPING OF PLANS AND SPECIFICATIONS ACCESSIBLE
The Contractor shall be furnished copies of all Plans and Specifications without expense to Contractor and
Contractor shall keep one copy of same consistently accessible on the job site.
RIGHT OF ENTRY
The Owner's Representative may make periodic visits to the site to observe the progress or quality of the executed
work and to determine, in general, if the work is proceeding in accordance with the contract documents. Owner's
Representative will not be required to make exhaustive or continuous onsite inspections to check the quality or
quantity of the work, nor will Owner's Representative be responsible for the construction means, methods,
techniques, sequences or procedures, or the safety precautions incident thereto. Notwithstanding the Owner's
Representative's rights of entry hereunder, the Owner's Representative will not be responsible for the Contractor's
failure to perform the work in accordance with the Contract Documents.
13. LINES AND GRADES
All lines and grades shall be furnished whenever Owner's Representative deems said lines and grades are
necessary for the commencement of the work contemplated by these contract documents or the completion of the
work contemplated by these contract documents. Whenever necessary, Contractor shall suspend Its work in order
to permit Owner's Representative to comply with this requirement, but such suspension will be as brief as
practical and Contractor shall be allowed no extra compensation therefore. The Contractor shall give the Owner's
Representative ample notice of the time and place where lines and grades will be needed. All stakes, marks, etc.,
shall be carefully preserved by the Contractor, and in case of careless destruction or removal by Contractor, its
Subcontractors, or its employees, such stakes, marks, etc., shall be replaced by the Owner's Representative at
Contractor's expense.
14. OWNER'S REPRESENTATIVE'S AUTHORITY AND DUTY
Unless otherwise specified, it is mutually agreed between the parties to this Agreement that the Owner's
Representative has the_ authority to review all work included herein. The Owner's Representative has the
} authority to stop the work whenever such stoppage may be necessary to ensure the proper execution of the
contract. The Owner's Representative shall, in all cases, determine the amounts and quantities of the several kinds
of work which are to be paid for under the contract documents, and shall determine all questions in relation to said
t_ 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 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
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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.
CHARACTER OF WORKERS
The Contractor agrees to employ only orderly and competent workers, skillful in the performance in the type of
work required under this contract, to do the work; and agrees that whenever the Owner's Representative shall
inform Contractor in writing that any man or men on the work, are, in Owner's Representative's sole opinion,
incompetent, unfaithful, disorderly, or otherwise unacceptable to Owner or Owner's Representative, such man or
men shall be discharged from the work and shall not again be employed on the work without the Owner's
Representative's written consent.
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 men or equipment will be permitted only at such places as the
Owner's Representative shall consent or direct, and the sanitary conditions of the grounds in or about such
structure shall at all times be maintained in a manner satisfactory to the Owner's Representative.
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.
OBSERVATION AND TESTING
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 through oversight or otherwise. If any such work should be covered without approval or
consent of the Owner, it must, if requested by Owner or Owner's Representative, be uncovered for examination at
Contractor's expense. In the cvcnt that any pat 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.
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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 herein.
It is agreed that the Contractor shall perform all extra work under the direction of the Owner's Representative
when presented with a written work order signed by the Owner's Representative; subject, however, to the right of
the Contractor to require written confirmation of such extra work order by the Owner. It is also agreed that the
compensation to be paid to the Contractor for performing said extra work shall be determined by the following
methods:
Method (A) - By agreed unit prices; or
Method (B) - By agreed lump sum; or
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Method (C) - If neither Method (A) or Method (B) be agreed upon before the extra work is
commenced, then the Contractor shall be paid the lesser of the following: (1) actual field
cost of the extra work, plus fifteen (15%) percent; or (2) the amount that would have been
charged by a reasonable and prudent Contractor as a reasonable and necessary cost for
performance of the extra work.
In the event said extra work be performed and paid for under Method (C)(1), then the provisions of this paragraph
shall apply and the "actual field cost" is hereby defined to include the cost of all workmen, such as foremen,
timekeepers, mechanics and laborers, materials, supplies, teams, trucks, rentals on machinery and equipment, for
the time actually employed or used on such extra work, plus actual transportation charges necessarily incurred,
together with all expenses incurred directly on account of such extra work, including Social Security, Old Age
Benefits, Maintenance Bonds, Public Liability and Property Damage and Workers' Compensation and all other
insurances as may be required by law or ordinances or directed by the Owner or Owner's Representative, or by
them agreed to. Owner's Representative may direct the form in which accounts of the actual field cost shall be
kept and records of these accounts shall be made available to the Owner's Representative. The Owner's
Representative may also specify in writing, before the work commences, the method of doing the work and the
type and kind of machinery and equipment to be used; otherwise, these matters shall be determined by the
Contractor. Unless otherwise agreed upon, the prices for the use of machinery and equipment shall be determined
by using 100%, unless otherwise specified, of the latest Schedule of Equipment and Ownership Expenses adopted
by the Associated General Contractors of America. Where practical, the terms and prices for the use of
machinery and equipment shall be incorporated in the written extra work order. The fifteen percent (15%) of the
actual field cost to be paid to Contractor shall cover and compensate Contractor for its profit, overhead, general
superintendence and field office expense, and all other elements of cost and expense not embraced within the
actual field cost as herein defined, save that where the Contractor's Camp or Field Office must be maintained
primarily on account of such Extra Work, then the cost to maintain and operate the same shall be included in the
"actual field cost."
No claim for extra work of any kind will be allowed unless ordered in writing by Owner's Representative. In case
any orders or instructions appear to the Contractor to involve extra work for which Contractor should receive
compensation or an adjustment in the. construction time, Contractor shall prior to commencement of such extra
work, make written request to the Owner's Representative for a written order authorizing such extra work. Should
a difference of opinion arise as to what does or does not constitute extra work or as to the payment therefore, and
the Owner's Representative insists upon its performance, the Contractor shall proceed with the work after making
written request for written order and shall keep adequate and accurate account of the actual field cost thereof, as
provided under Method (C) (1). If Contractor does not notify Owner's Representative before the commencement
of any extra work, any claim for payment due to alleged extra work shall be deemed waived.
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.
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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 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,
arc 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
t , 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
t 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 ALONG WITH A COPY OF THE ADDITIONAL INSURED
ENDORSEMENT. THE INSURANCE CERTIFICATES FURNISHED SHALL NAME THE CITY OF
LUBBOCK AS A PRIMARY ADDITIONAL INSURED AND PROVIDE A WAIVER OF
SUBROGATION IN FAVOR OF THE CITY OF LUBBOCK AS REQUIRED BELOW, OR IN THE
ALTERNATIVE, SHALL BE ACCOMPANIED BY A STATEMENT FROM THE CONTRACTOR TO
THE EFFECT THAT NO WORK ON THIS PARTICULAR PROJECT SHALL BE SUBCONTRACTED.
IT SHALL BE THE CONTRACTOR'S RESPONSIBILITY TO PROVIDE TO THE OWNER ALL
PROOF OF COVERAGE INSURANCE DOCUMENTS INCLUDING WORKERS COMPENSATION
COVERAGE FOR EACH SUBCONTRACTOR.
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Commercial General Liability Insurance (Primary Additional Insured and Waiver of Subrogation
required)
The contractor shall have Comprehensive General Liability Insurance with limits of $1,000,000
Combined Single Limit in the aggregate and per occurrence to include:
Products & Completed Operations Hazard
Contractual Liability
Personal Injury & Advertising Injury
Heavy Equipment Endorsement
Owner's and Contractor's Protective Liability Insurance - NOT REQUIRED
Comprehensive Automobile Liability Insurance (Waiver of Subrogation Required)
The Contractor shall have Comprehensive Automobile Liability Insurance with limits of not less than;
Bodily Injury/Property Damage, JE22,000 Combined Single Limit, to include all owned
and non -owned cars including: Employers Non -ownership Liability Hired and Non -owned Vehicles.
Builder's Risk Insurance/Installation Floater Insurance - NOT REQUIRED
Umbrella Liability Insurance - NOT REQUIRED
Worker's Compensation and Employers Liability Insurance (Waiver of Subrogation required)
Worker's Compensation Insurance covering all employees whether employed by the Contractor or any
Subcontractor on the job with Employers Liability of at least $500,000.
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 '__I
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
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the Contractor and regardless of whether that person has employees. This includes, without
-' limitation, independent contractors, subcontractors, leasing companies, motor carriers, owner -
operators, employees of any such entity, or employees of any entity which furnishes persons to
provide services on the project. "Services" include, without limitation, providing, hauling, or
delivering equipment or materials, or providing labor, transportation, or other service related to a
project. "Services" does not include activities unrelated to the project, such as food/beverage
vendors, office supply deliveries, and delivery of portable toilets.
The Contractor shall provide coverage, based on proper reporting of classification codes and
payroll amounts and filing of any coverage agreements, which meets the statutory requirements
of Texas Labor Code, Section 401.011(44) for all employees of the contractor providing services
on the project, for the duration of the project.
3. The Contractor must provide a certificate of coverage to the governmental entity prior to being
awarded the contract.
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 govermnental entity showing that coverage has been extended.
5. The Contractor shall obtain from each person providing services on the project, and provide to the
governmental entity:
(a) a certificate of coverage, prior to that person beginning work on the project, so the
governmental entity will have on file certificates of coverage showing coverage for all
persons providing services on the project; and
(b) no later than seven days after receipt by the Contractor, a new certificate of coverage
showing extension of coverage, if the coverage period shown on the current certificate of
coverage ends during the duration of the project.
6 The Contractor shall retain all required certificates of coverage for the duration of the project and
for one year thereafter.
7. The Contractor shall notify the governmental entity in writing by certified mail or personal
delivery, within 10 days after the Contractor knew or should have known, of any change that
materially affects the provision of coverage of any person providing services on the project.
8. The Contractor shall post on each project site a notice, in the text, form and manner prescribed by
the Texas Workers' Compensation Commission, informing all persons providing services on the
project that they are required to be covered, and stating how a person may verify coverage and
report lack of coverage.
9. The Contractor shall contractually require each person with whom it contracts to provide services
on the project, to:
(a) provide coverage, based on proper reporting of classification codes and payroll amounts
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 -t
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 f
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 rill
(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. r-i
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. i A
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.
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(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:
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REQUIRED WORKERS' COMPENSATION COVERAGE
(h)
"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 (vwwtdi.state.tx:us1 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
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;
LJ
(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: i
(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
prof ect;
1�
(vi) retain all required certificates of coverage on file for the duration of the project i
and for one year thereafter;
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tl
(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, MATERLUMEN, AND
FURNISHERS OF MACHINERY EQUIPMENT AND SUPPLIES
Without limiting, in any way, manner or form, the indemnity provided by Contractor in paragraph 27 hereof, the
Contractor agrees that it will indemnify and save the Owner and all of its officers, agents and employees,
harmless against any and all claims, liabilities, losses, damages, expenses and causes of action arising out of, in
any way, manner or form, the demands of subcontractors, laborers, workmen, mechanics, 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 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
i the Owner, and all of its officers, agents, and employees against any claims arising from the violation of any such
laws, ordinances, and regulations, whether by the Contractor, its employees, or subcontractors. If the Contractor
observes that the plans and specifications are at variance therewith, he shall notify the Owner's Representative in
writing prior to proposing and any necessary changes shall be adjusted as provided in the contract for changes in
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33.
34
35.
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.
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.
TIME FOR SUBSTANTIAL COMPLETION AND LIQUIDATED DAMAGES
It is hereby understood and mutually agreed by and between the Contractor and the Owner, that the date of
beginning and time for completion as specified in the contract documents, of work to be done hereunder are
essential conditions of this contract; and it is further mutually understood and agreed that the work embraced in
this contract shall be commenced as provided in the contract documents.
If the Contractor should neglect, fail, or refuse to substantially complete the work within the time herein specified,
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 $1,000 ONE THOUSAND PER
DAY, not as a penalty, but as liquidated damages for the breach of the contract as herein set forth for each and
every working day that the Contractor shall be in default after the time stipulated for substantially completing the
work.
It is expressly understood and agreed, by and between Contractor and the Owner, that the time for the substantial
completion of the work described herein is reasonable time for the completion of the same, taking into
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.
TIME AND ORDER OF COMPLETION
It is the meaning and intent of this contract, unless otherwise herein specifically provided, that the Contractor
shall be allowed to prosecute its work at such time and sessions, in such order of precedence, and in such manner
as shall be most conductive to economy of construction; provided, however, that the order and time of prosecution
shall be such that the work shall be substantially completed as a whole and in part, in accordance with this
contract, the plans and specifications, and within the time of completion designated in the proposal; provided,
also, that when the Owner is having other work done, either by contract or by its own force, the Owner's
Representative may direct the time and manner of constructing work done under this contract so that conflicts will
be avoided and the construction of the various works being done for the Owner shall be harmonized.
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�a.
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 twenty (20) calendar days of written submission by Contractor shall
be deemed a denial, and final. Further, in the absence of timely written notification of such delay and request for
extension, as provided herein, any request for extension by Contractor shall be deemed waived.
37. HINDRANCE AND DELAYS
In executing the contract, the Contractor agrees that in undertaking to complete the work within the time herein
fixed, Contractor has taken into consideration and made allowances for all hindrances and delays incident to such
work, whether growing out of delays due to unusual and unanticipated circumstances, difficulties or delays in
securing material or workmen, or any other cause or occurrence. No charge shall be made by the Contractor for
hindrance or delays from any cause during the progress of any part of the work embraced in this contract except
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. OUANTITIES_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.
39. PROTECTION OF ADJOINING PROPERTY
The Contractor shall take proper means to protect the adjacent or adjoining property or properties in any way
encountered, which may be injured or seriously affected by any process of construction to be undertaken under
._ this agreement, from any damage or injury by reason of said process of construction; and Contractor shall be
liable for any and all claims for such damage on account of his failure to fully protect all adjacent property.
Without limiting, in any way, manner and form, the indemnity provided by Contractor in paragraph 27 hereof, the
Contractor agrees to indemnify, save and hold harmless the Owner, and any of its officers, agents and employees,
15
40
41
42.
43
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. t
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.
17V/kIagl1w
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.
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
deternune 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 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.
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.
SUBSTANTIAL COMPLETION
Contractor shall give Owner's Representative written notice of substantial completion. Within thirty-one (31)
working days after the Contractor has given the Owner's Representative written notice that the work has been
substantially completed, the Owner's Representative and/or the Owner shall inspect the work and within said time,
if the work be found to be substantially completed in accordance with the contract documents, the Owner's
Representative shall issue to the Owner and Contractor a certificate of substantial completion. Notwithstanding
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44
45
46.
Eyl
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.
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.
CORRECTION OF WORK
Contractor shall promptly remove from Owner's premises all materials condemned by the Owner's Representative
on account of failure to conform to the contract documents, whether actually incorporated in the work or not, and
Contractor shall at its own expense promptly replace such condemned materials with other materials conforming
to the requirements of the contract documents. Contractor shall also bear the expense of restoring all work of
other contractors damaged by any such removal or replacement. If Contractor does not remove and replace any
such condemned work within a reasonable time after a written notice by the Owner or the Owner's
Representative, Owner may remove and replace it at Contractor's expense.
Neither the final payment, nor certification of final completion or substantial completion, nor any provision in the
contract documents shall relieve the Contractor of responsibility for faulty materials or workmanship, and
Contractor shall remedy any defects due thereto and pay for any damage to other work resulting therefrom, which
shall appear within a period of one (1) year from the date of certification of final completion by Owner's
Representative.
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.
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.
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
17
48.
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.
NON-COMPLIANCE AND/OR ABANDONMENT BY CONTRACTOR
In case the Contractor should (1) abandon and fail or refuse to resume work within fifteen (15) calendar days after
written notification from the Owner or the Owner's Representative, or (2) if the Contractor fails to comply with
the written orders of the Owner's Representative, when such orders are consistent with this contract, then the
Surety on the bond shall be notified in writing and directed to complete the work and a copy of said notice shall
be delivered to the Contractor. In the event a bond is not required by law, or otherwise obtained by the
Contractor, no further notice of such non-compliance to Contractor shall be required.
After receiving said notice of abandonment or non-compliance , the Contractor shall not remove from the work
any machinery, equipment, tools, materials or supplies then on the job, but the same, together with any materials
and equipment under the contract for work, may be held for use on the work by the Owner or the Surety of the
Contractor, or another contractor, in completion of the work; and the Contractor shall not receive any rental or
credit therefore (except when used in connection with Extra Work, where credit shall be allowed as provided for
under paragraph 24 of this contract); it being understood that the use of such equipment and materials will
ultimately reduce the cost to complete the work and be reflected in the final settlement.
In the event the Contractor, or Surety, whichever is applicable, should fail to commence compliance with the
notice hereinbefore provided within ten (10) calendar days after service of such notice, and/or shall fail to proceed
with diligence to complete the project as contemplated and in compliance with all terms and provisions of the
contract documents, then the Owner may exercise any and all remedies available to it pursuant to law, contract,
equity or otherwise, including, but not limited to, providing for completion of the work in either of the following
elective manners:
(a) The Owner may employ such force of men and use of machinery, equipment, tools, materials and
supplies as said Owner may deem necessary to complete the work and charge the expense of such labor,
machinery, equipment, tools, materials and supplies to said Contractor, and the expense so charged shall
be deducted and paid by the Owner out of such moneys as may be due, or that may thereafter at any time
become due to the Contractor under and by virtue of this Agreement. In case such expense is less than
the sum which would have been payable under this contract, if the same had been completed by the
Contractor, then said Contractor shall receive the difference. In case such expense is greater than the sum
which would have been payable under this contract, if the same had been completed by said Contractor,
then the Contractor and/or its Surety shall pay the amount of such excess to the Owner; or
(b) The Owner, under sealed 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,
18
Y shall pay the balance due as reflected by said statement within 30 days after the date of certification of
1 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. Afler mailing, or other giving of such notice, such
property shall be held at the risk of the Contractor and his Surety, if applicable, subject only to the duty of the
Owner to exercise ordinary care to protect such property. After fifteen (15) calendar days from the date of said
notice the Owner may sell such machinery, equipment, tools, materials or supplies and apply the net sum derived
from such sale to the credit of the Contractor and his Surety, if applicable. Such sale may be made at either public
or private sale, with or without notice, as the Owner may elect. The Owner shall release any machinery,
equipment, tools, materials, or supplies that remain on the jobsite and belong to persons other than the Contractor
or his Surety, if applicable, to their proper owners.
The remedies provided to Owner by law, equity, contract, or otherwise, shall be cumulative, to the extent
permitted by law. It is expressly agreed and understood that the exercise by Owner of the remedies provided in
this paragraph shall not constitute an election of remedies on the part of Owner, and Owner, irrespective of its
exercise of remedies hereunder, shall be entitled to exercise concurrently or otherwise, any and all other remedies
available to it, by law, equity, contract or otherwise, including but not limited to, liquidated damages, as provided
in paragraph 34, hereinabove set forth.
49. LIMITATION ON CONTRACTOR'S REMEDY
The remedies of Contractor hereunder shall be limited to, and Owner shall be liable only for, work actually
performed by Contractor and/or its subcontractors as set forth in the contract documents, and Owner shall not be
liable for any consequential, punitive or indirect loss or damage that Contractor may suffer in connection with the
project which is the subject matter of this contract.
50. BONDS
The Contractor is required to furnish a performance bond in accordance with Chapter 2253, Government Code, in
the amount of 100% of the total contract price in the event that said contract price exceeds $100,000 and the
Contractor is required to furnish a payment bond in accordance with Chapter 2253, Government Code, in the
amount of 100% of the total contract price in the event that said contract price exceeds $25,000. All bonds shall
be submitted on forms supplied by the Owner, and executed by an approved Surety Company authorized to do
business in the State of Texas. It is further agreed that this contract shall not be in effect until such bonds are so
furnished.
51. SPECIAL CONDITIONS
In the event special conditions are contained herein as part of the contract documents and said special conditions
conflict with any of the general conditions contained in this contract, then in such event the special conditions
shall control.
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52.
53
54
55.
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 IF
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.
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.
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.
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 litrutation, personal
protective gear, necessary to provide protection from exposure to Hazardous Substances, hydrocarbons or other
petroleum products or byproducts and/or asbestos.
56. NON -APPROPRIATION
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 -_]
20
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.
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Page Intentionally Left Blank
DAVIS-BACON WAGE DETERMINATIONS
Page Intentionally Left Blank
GENERAL DECISION: TX20080028 02/08/2008 TX28
Date: February 8, 2008
General Decision Number: TX20080028 02/08/2008
Superseded General Decision Number: TX20070028
State: Texas
Construction Types: Heavy and Highway
Counties: Ector, Lubbock, Midland, Potter, Randall, Taylor
and Tom Green Counties in Texas.
HEAVY (excluding tunnels & dams) and HIGHWAY PROJECTS (does not
include building structures in rest area projects).
Modification Number Publication Date
e 0 02/08/2008
* SUTX2004-001 11/09/2004
Rates Fringes
Asphalt Distributor Operator...$
9.25
0.00
Asphalt Heater Operator ........
$ 11.21
0.00
Asphalt paving machine operator$
11.16
0.00
Asphalt Raker ..................$
9.51
0.00
Broom or Sweeper Operator ......
$ 8.57
0.00
Bulldozer operator ...........$
9.76
0.00
Carpenter ......................$
12.61
0.00
Concrete Finisher, Paving ......
$ 13.26
0.00
Concrete Finisher, Structures..$
11.20
0.00
Crane, Clamshell, Backhoe,
Derrick, Dragline, Shovel
Operator .......................$
11.00
0.00
Electrician ....................$
17.00
0.00
Form. Builder/Setter, Structures$
9.26
0.00
Form Setter, Paving & Curb .....
$ 9.82
0.00
Front End Loader Operator ......
$ 10.52
0.00
Laborer, common ................$
8.51
0.00
Laborer, Utility ...............$
10.46
0.00
Mechani.c......................
$ 16.85
0.00
Motor Grader Operator Rough ....
$ 11.75
0.00
Motor Grader Operator, Fine
Grade ..........................$
13.50
0.00
Planer Operator ................$
13.36
0.00
Roller Operator, Pneumatic,
Self -Propelled .................$
7.67
0.00
Roller Operator, Steel Wheel,
Fiat Wheelp-ramping.............$
8.06
0.00
Roller Operator, Steel Wheel,
Plant Mix Pavement .............$
7.50
0.00
Scraper Operator ...............$
8.50
0.00
Servicer .......................$
8.98
0.00
Slip Form Machine operator .....
$ 13.64
0.00
Tractor operator, Pneumatic ....
$ 12.00
0.00
Traveling Mixer Operator .......
$ 12.00
0.00
Truck driver, lowboy -Float .....
$ 12.67
0.00
Truck driver, Single Axle,
Heavy ..........................$
8.50
0.00
Truck driver, Single Axle,
Light ..........................$
8.08
0.00
Truck Driver, Tandem Axle,
Semi -Trailer ...................$
8.66
0.00
Welder .........................$
15.25
0.00
Work Zone Barricade Servicer...
----------------------------------------------------------------
$ 8.28
0.00
WELDERS - Receive rate prescribed for craft performing
operation to which welding is incidental.
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)).
In the listing above, the "SU" designation means that rates
listed under the identifier do not reflect collectively
bargained wage and fringe benefit rates. Other designations
indicate unions whose rates have been determined to be
prevailing.
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
Regional Office for the area in which the survey was conducted
because those Regional Offices have 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 v.� Cv ttJ L.l Ul. 1.1 Vdl Wage DeteriiFl ilctt lLJIiJ W.L 1i..e LU:
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
�a
4.) Ali decisions by the Administrative Review Board are final.
END OF GENERAL DECISION
EXHIBIT B
Prevailing Wage Rates
Overtime Rate
The rate for overtime (in excess of forty hours per week) shall be as required by the Fair Labor Standards Act.
EXHIBIT C
Prevailing Wage Rates
Legal Holiday Rate
The rate for legal holidays shall be as required by the Fair Labor Standards Act.
SPECIFICATIONS
SPECIAL CONDITIONS
TIME AND ORDER FOR COMPLETION
The patching process covered by the contract documents shall be fully completed within 150 (ONE HUNDRED
FIFTY) consecutive calendar days from the date specified in the Notice to Proceed issued by the City of Lubbock to
the successful bidder.
A. The concrete repairs, with locations and materials as designated by the City's representative, may begin as soon as
the Contractor receives the Notice to Proceed, and proceed until all designated locations are completed.
B. The repairs shall be completed by May 31, 2009. The Contractor shall pay to the owner $1,000.00 per day for each
calendar day after May 31, 2009 until completion as liquidated damages. No credit will be given for bad weather
days or other delays occurring before May 31, 2009 In the event it is determined by the City that the progress of the
work is not satisfactory, the City may direct the Contractor to take such action as the City deems necessary to insure
completion of the project within the time specified.
2. CHANGES IN THE WORK
The Street Department may make changes in the scope of the work required to be performed by the Contractor under
the Contract or making additions thereto, or by omitting work therefrom, without involving the Contract, and without
relieving or releasing the Contractor from any of his obligations under the contract or any guarantee given by him
pursuant to the Contract provisions, and without affecting the validity of the guaranty bonds, and without relieving or
releasing the surety or sureties of said bonds. All such work shall be executed under the terms of the original
Contract unless it is expressly provided otherwise
Except for the purpose of affording protection against any emergency endangering health, life, limb or property, the
Contractor shall make no change in the materials used or in the specified manner of constructing and/or installing the
improvements or supply additional labor, services or materials beyond that actually required for the execution of the
contract, unless in pursuance of a written order from the local Public Agency authorizing the Contractor to proceed
with the change. No claim for an adjustment of the contract price will be valid unless so ordered.
If applicable unit prices are contained in the agreement (established as a result of either a unit price bid or a
Supplement Schedule of Unit Prices) the Street Department may order the Contractor to proceed with desired changes
in the work, the value of such changes to be determined by the measured quantities involved and the applicable unit
prices specified in the contract; provided that in case of a unit price contract the net value of all changes does not
increase or decrease the original total amount shown in the Agreement by more than twenty-five (25%) percent.
SUPERINTENDENCE
The Contractor's Superintendent and/or his assistants will not be allowed to serve two functions simultaneously, such
operating machinery and acting as Superintendent at the same time. The Contractor's Superintendent must be free of
individual responsibilities to enable him to give the entire project his constant attention to facilitate the progress
thereof. The Contractor's Superintendent will be responsible for establishing grade control on concrete removal and
replacement.
4. PROSECUTION OF WORK
The Contractor will, before starting any work on any street, erect barricades and signs, or provide sufficient flagmen,
as approved by the Street Superintendent, to give notice to vehicular traffic. During the construction the Contractor is
to close to traffic streets, as approved by the Street Superintendent.
At no time during the period of construction shall driveways and/or alleys be left impassable between the night hours
of 6 P.M. to 6 A.M., except during the construction of the curb and gutter for which the driveways and/or alleys shall
remain closed not more than 4 days including 72 hours for curing.
The Contractor will, during the progress of the work, erect and maintain for twenty-four hours a day such barricades
and warnings, as approved by the Street Superintendent, necessary to give notice to vehicular and pedestrian traffic of
any and all obstructions and insofar as possible keep the streets and/or alleys on which work is being done in a
passable condition. During the time the concrete is curing in the alleys and until it can be opened to traffic, the
Contractor shall maintain warning signs on barricades with lights at each end of the block until the alley can be
opened to traffic.
i_
3
1
The flagmen will be required to wear vests and use the type of flag as shown on flagging detail sheet in specifications.
All equipment working on the streets will at all times have at least two (2) red, orange or fluorescent red -orange flags
at least 16" x 16" in size. These flags shall be mounted high enough on the equipment so that they will be visible to all
traffic meeting or passing the equipment.
Before work is started on any street it will be the responsibility of the Contractor to notify each property owner that
has a car or cars parked in their driveways or garages so that each owner might have the opportunity to move their
cars.
The Contractor shall schedule his work on major thoroughfares and collectors at least 5 days in advance, in order that
businesses may have time to adjust their plans. On all thoroughfares and collectors, the Contractor and the City's
Representatives will work with each of the businesses, hospitals, schools, etc., so that only part of the driveways into
their parking lots will be closed. At no time will any parking lot be completely closed, without prior approval from the
Owner's Representative, unless the work is being accomplished at night and the businesses are closed. The
Contractor shall be responsible for notifying affected businesses of the proposed work and the projected schedule for
completion of this work.
Immediately after each re -construction the Contractor shall clean, remove any paving materials from gutters, rubbish
and temporary structures from the street, restore in an acceptable manner all property, both public and private which
has been damaged during the prosecution of the work, and leave the site of the work in a neat and presentable
condition throughout. The cost of the "cleanup" shall be included as part of the cost of the various items of the work
involved, and no direct compensation will be made for this work.
The Contractor should familiarize himself with the Texas Manual on UNIFORM TRAFFIC CONTROL DEVICES
for Streets and Highways. Part VI.
5. BARRICADES AND DANGER, WARNING AND DETOUR SIGNS AND TRAFFIC HANDLING
The Contractor shall have the sole responsibility for providing, installing, moving, replacing, maintaining, cleaning
'
and removing upon completion of work, all barricades, warning signs, barriers, cones, lights, signals and other such
type devices for handling traffic control as indicated in the plans or as directed by the Street Superintendent. All
barricades, warning signs, barriers, cones, Iights,signals and other such type devices shall conform to details shown on
j
the plans and as indicated in the Texas Manual on Uniform Traffic Control Devices.
The Contractor may provide special signs not covered by plans to protect the traveling public against special
IJ
conditions or hazards, provided however, that such signs are first approved by the Street Superintendent.
Upon completion of the work, all barricades, warning signs, barriers, cones, lights, signals and other such type
devices and evident thereof shall be removed by the Contractor.
6. MAINTENANCE OF DETOURS
The Contractor shall do such work as may be necessary to maintain detours and facilities for safe public travel in
accordance with the Traffic Control Plan and these specifications. There shall be maintained in passable condition,
?
such temporary roads and structures as may be necessary to accommodate public travel. Temporary approaches and
crossings of intersecting highways shall be provided and maintained in a safe and passable condition by the
Contractor at his entire expense.
_
7. PUBLIC SAFETY AND CONVENIENCE
%_I
Ingress and egress to private property shall be provided as specified in the plans or as directed by the Street
Superintendent.
The Contractor shall plan and execute his operations in a manner that will cause the minimum interference with
traffic.
The Contractor shall secure the Street Superintendent's approval of his proposed plan of operation, sequence of work,
and methods of providing for the safe passage of traffic before it is placed into operation. If at any time during
construction the approved plan does not accomplish the intended purpose, due to weather or other conditions
affecting the safe handling of traffic, the Contractor shall immediately make necessary changes therein to correct the
! I
unsatisfactory conditions.
I
At night or otherwise, all equipment not in use shall be stored in such a manner and at such locations as not to
interfere with the safe passage of traffic. The Contractor shall provide and maintain flaggers at such points an for such
periods of time as may be required to provide for the safety and convenience of public travel and Contractor's
personnel, and as directed by the Street Superintendent. Flaggers shall be English speaking, courteous, well
informed, physically and mentally able to effectually perform their duties in safeguarding and directing traffic and
protecting the work, and shall be neatly attired and groomed at all times when on duty. When directing traffic,
flaggers shall use standard attire, flags and signals and follow the flagging procedures set forth in the Texas Manual
on Uniform Traffic Control Devices for Streets and Highways.
8. REMOVING OBSTRUCTIONS
The Contractor shall familiarize himself with the existing obstructions including sidewalks, trees, poles, etc., prior to
building. It shall be the Contractor's responsibility to remove these obstructions at the direction of the Street
Superintendent, except that the utility companies will move their equipment at no cost to the Contractor. The
Contractor will receive no compensation for delay caused by the Utility Companies in relocating or removing their
equipment.
9. TEST OF MATERIALS
The City of Lubbock Pavement Management laboratory test results shall be the sole consideration for approval of
materials, mix designs, adequacy of procedures, etc. The results of such testing shall be evaluated and final approval
given by the Street Superintendent.
A. CONCRETE MATERIALS
Before Concrete materials can be used on any street, a current mix design (not older than 30 days) with test
reports will be submitted to the Street Superintendent for approval. During the construction period, concrete tests
that fail will require the location to be cored at the contractor's expense. If the concrete cores fail, the concrete
work will be removed and replaced at no additional cost to the City of Lubbock.
B. HOT MIX
The Contractor, or supplier of such materials, shall submit a mix design to the City Pavement Management office,
at least thirty (30) days prior to the reconstruction, a mix design it shall include, but not limited to crushed face
counts, Flakiness Index tests, and magnesium sulfate(soundness) tests. The gradation requirements shall be that as
necessary to meet the gradation requirements of Item 6.3 (HMAC Mix Design Requirements). The crushed face
count, Flakiness Index, and Magnesium Sulfate requirements shall meet those established in City of Lubbock
Standard Paving Specifications, Item number 6.4.
10. SUBCONTRACTOR
The Contractor shall not award any work to any subcontractor without prior written approval of the Owner, which
approval will not be given until the Contractor submits to the Owner a written statement concerning the proposed
award to the subcontractor, which statement shall contain such information as the Owner may require.
The Contractor shall be as fully responsible to the Owner for the acts and omissions of his subcontractors, and of
persons either directly or indirectly employed by them, as he is for the acts and omissions of persons directly
employed by him.
The Contractor shall cause appropriate provisions to be inserted in all subcontracts relative to the work to bind
subcontractors to the Contractor by the terms of the General Conditions and other contract documents insofar as
applicable to the work of subcontractors and to give the Contractor the same power as regard terminating any
subcontract that the Owner may exercise over the Contractor under any provision of the contract documents.
Nothing contained in this contract shall create any contractual relation between any subcontractor and the Owner and
said subcontractor will look exclusively to contractor for any payments due subcontractor.
IL UNDERGROUND UTILITIES
The Contractor's attention is directed to the fact that pipelines and other underground installations as may be shown
on the plans have been taken from the best available information. There may be other pipelines or installations. The
Contractor shall hold harmless the City from any and all suits or claims resulting from damage by his operations to
any pipeline or underground installation.
It is the Contractor's responsibility, during the period of street construction, to insure that all utility cuts in the limits
of street construction have been properly backfilled, compacted, and the top 6" inches backfilled with 2-sack flowable
fill. It is not the intent to require the Contractor to provide for the utility cut repair but for the individual utility
company making the cut to provide their own repairs.
In the case of a City underground installation, the Contractor may be required, at the Street Superintendent's option, to
repair the cut with 2-sack flowable fill at the unit price bid.
12. PARTIAL PAYINJENTS
On or before the tenth day of each month, the Contractor shall submit to Owner's Representative an application for
partial payment. Owner's Representative shall review said application for partial payment and the progress of the
work made by the Contractor and if found to be in order shall prepare a certificate for partial payment showing as
completely as practical the total value of the work done by the Contractor up to and including the last day of the
preceding month.
13. CORRECTION OF WORK AFTER FINAL PAYMENT
Neither the final payment nor certificate nor any provision in this contract shall relieve the Contractor of
responsibility for faulty materials or workmanship, and he shall remedy and defects due thereto and pay for any
damage to other work resulting therefrom, which shall appear within a period of one (1) year from date of final
acceptance of the project. The Owner or the Owner's Representative shall give notice of observed defects with
reasonable promptness.
14. LABOR
The Contractor must abide by the Wage and Hour Laws of the State of Texas, or the U.S. Department of Labor, and
must not pay less than the rate legally prescribed or as set forth herein, whichever is higher.
Payment for time worked over forty -hours per week shall be made at one and one-half (I-1/2) times the above
prevailing rates. Payment for time worked on legal holidays shall be paid at one and one-half (I-1/2) times the regular
governing per diem wage rates.
Any laborer, workman or mechanic required or permitted to work in excess of eight (8) hours per calendar day, under
the emergency exceptions to House Bill No. 115 of the 44th Legislature invoked by HCR No. 201 of the 47th
Legislature shall be paid on the basis of eight (8) hours constituting a day's work.
LJ
CiTY OF LUBBOCK
STREET DEPARTMENT
STANDARD PAVING SPECIFICATIONS
1.1 GENERAL
The construction and materials for any City of Lubbock Street Department project shall conform to the following
specifications and associated plan sheets. Any construction or materials Failing to meet the requirements of these
specifications or the plan sheets shall be removed and replaced at the Contractor's expense. No consideration will be
given to requests for reduced payments, except as specified, or extended warranties for construction or materials not
in contbnnancc with these specifications or the plan sheets.
The Street Superintendent may requite certificates from manufacturers certitying that materials or equipment to be
incorporated into the work meet these specifications. Material Safety Data Sheets (MSDS) shall be required on all
materials. All materials or equipment shall be subject to approval by the Street Superintendent before being
incorporated into any project. After approval, the source and,`or character of materials shall not be changed without
written authorization by the Street Superintendent.
The tenn Street Superintendent used in these specifications may refer to the City of Lubbock Street Superintendent
or an individual designated by the Street Superintendent to administer these specifications and associated plans.
1.2 SPECIFICATIONS
Any references to these specifications, ASTM, AASIITO, 7:xDOT, or other designated tests, procedures, quality
standards, or requirements which are included in these specifications or any associated plans shall be the latest
edition and revision thereof:
When information indicated on plan sheets is different from these specifications, the information on the plans shall
govern.
1.3 WARRANTY AND ACCEPTANCE
All equipment, materials, and construction incorporated into any project covered by these specifications shall be
guaranteed against defective material and workmanship. Prior to final acceptance, the contractor shall furnish to the
Street Superintendent, a Maintenance Bond 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 ill or from such defects when such defects
appear within one year from the date of acceptance of the work. The determination of the necessity during the
warranty, period for the contractor to repair or replace the work in whole or in part shall rest with the Street
Superintendent.
1.4 TESTING AND INSPECTION
t All work shall he inspected and/or tested by a representative designated by the Street Superintendent, who shall have
the authority to halt construction when, in his opinion, construction is being performed contrary to these
specifications or associated plans. Whenever any portion of these specifications or associated plans is violated, the
Street Superintendent may order that portion of construction that is in violation to cease until such violation is
corrected.
Contractor sliall cooperate with the Street Superintendent in providing for sampling and testing procedures. In the
event City tests indicate out of specification materials, additional tests may he provided by the contractor at his
expense. Conflicting tests provided by the contractor will not automatically be considered as compliance with
specifications, but will be considered only as additional information to be used by the Street Superintendent to
determine the compliance of the material or construction in question.
The testing and inspection provided by the City is intended only to verify that materials and construction comply
with plans and specifications. The City's testing and inspection are not intended to replace the contractor's
responsibility to comply with the specifications. With respect to new material sources, or where the City lab has
determined materials do not meet specifications, the City will not re -test until the contractor has provided his own
testing to demonstrate the materials and construction are in compliance with the plans and specifications.
Upon completion of construction, the contractor shall flood all paving improvements within the project. Any
improvements holding water one quarter inch or more in depth, or extending more than 10 feet in length shall be
removed and replaced.
1.5 CLEANUP AND SITE RESTORATION
After any construction covered by these specifications is completed, the Contractor shall remove all equiptnent,
surplus materials, and rubbish from the site. The contractor shall restore all disturbed areas to their original
condition satisfactory to the Street Superintendent.
1.6 NOTIFICATION OF PROPERTY OWNERS
The contractor shall be responsible for maintaining positive communication with adjacent property owners. The
contractor shall notify all of ected property owners with respect to pending construction, restricted access, and
driveway locations.
1.7 PROTECTION OF UTII ITIES AND IRRICLATION SYSTEMS
The plans show only approximate locations of utilities as obtained from various utility companies. It is not implied
that all utilities or accurate locations are shown on the plans.
H
it is the contractor's responsibility to.fatniliarize himself with all utilities and locations. The contractor shall comply
with all laws, ordinances, and regulations with respect to utility notification and protection, including Underground
Facility Damage Prevention Notification Centers. The contractor shall call DfG TESS 1-800-545-6005 and provide
time for all utilities to be identified prior to construction.
On al I projects the contractor shall exercise care not to damage any sanitary sewer pipe, manholes, storm sewers, (-
water lines, valves and boxes, communication cables, power cables, gas lines, nor any other pipe or utility. The
contractor will be responsible during the construction period for damages to any utilities.
Irrigation systems affected by construction shall be properly repaired with materials equal the existing system. The f ;.
repairs shall be pressure tested to the satisfaction of the Street Superintendent prior to being covered.
1,
1.8 WATER FOR CONSTRUCTION
i
The Ciry will not furnish water at no charge for construction. To use City water for construction the contractor shall
acquire a water meter for use on a City fire hydrant, and will be charged the applicable rate for the quantity of water
used.
The contractor shall contact Lubbock Power and Light Customer Service Department (775-2504) and establish ,a
utility account. The contractor must pay the current deposit for a fire hydrant meter. After the account is established
and the deposit is paid, the contractor may pick up a meter front the City Water Department at 600 Municipal Drive.
Fire hydrants shall be operated only by use an approved fire hydrant wrench. *,o pipe wrenches, or tither unapproved
devices, shall be used to open and close a fire hydrant.
For top loading trucks or containers the contractor shall provide a back flow prevention assembly on the discharge
side of the nicter. The backflow prevention assembly shall be in the form of two spring loaded ball check valves.
When filling the truck or container there shall be an air gap of at least two times the opening diameter of the truck or
container.
For bottom loading trucks the contractor shall provide a Reduced Pressure Zone (RPZ) type backflow prevention
assembly. All Reduced Pressure 'Lone type back flow prevention assemblies must be tested, and the test results
approved by the City prior to use. The test results shall be sent to the City of Lubbock Water Utilities Department,
Meter and Customer Service Supervisor for approval.
In accordance with City of Lubbock Ordinance No. 10208 "Pertaining to Backilow Prevention", the City
representatives are authorized to suspend water use from a fire hydrant by a contractor until the proper and correct
backflow prevention devices are installed.
2.1 CONCRETE
These specifications shall govern Portland cement concrete used for curb and gutter, valley gutters, alley paving,
sidewalks, street paving, drainage channels. The concrete shall be produced at a Ready -Mix Concrete Batch Plant
conforming to ASTNI C 94.
The concrete shall be transported to the project location in approved Revolving Drum Agitator Trucks, and shall be
placed within one hour of mixing time. The concrete shall be continuously mixed during transit.
No patching of any nature shall be allowed in repairing any damage to concrete improvements. Where damage
occurs, the section shall be removed to the nearest joints and shall be replaced with new construction. Small cracks
with no evidence of displacement may be repaired with epoxy, only where approved by the Street Superintendent.
All concrete shall have 5%. plus or minus t- V2°%, air entrainment in conformance with ASTM C 260.
All concrete street pavement shall include proper johtting as determined by the Street Superintendent and a minimum
reinforcement of number 6 bars on 1 S" centers both ways, or as indicated on plans.
When delivered to the jobsite each truck shall provide the load ticket indicating weights of all concrete ingredients,
including cement, aggregates, water, and admixtures.
2.2 CLASSIFICATION
The following City of Lubbock classes of concrete shall be used;
Class A
Curb and gutter, sidewalks, curb ramps, drainage channels, medians, inlet bores,
headwalls, junction boxes, driveways, and retaining wails.
Class B
Alley returns and alley paving.
Class C
Concrete street pavement, valley gutters and fillet areas.
Class D
Utility encasements
Class E
Fast setting concrete pavement such as "Fast Track" Concrete Pavement or,
other special design.
2.3 D-1iX DFS[G:'
Twenty to thirty days prior to beginning any concrete construction the contractor shall submit the following to the
Street Superintendent for approval:
1. Test certificates from an approved commercial testing laboratory on all proposed aggregate. Certificates
shall indicate material source, gradation, and loss from 5 cycle Magnesium Sulfate or Sodium Sulfate test
(not to exceed 18%)
2. A mix design based on water -cement ratio.
3. Results of compression tests in conformance with ASTM C 39 and;or flexural tests in conformance with
ASTM C 78, made by an approved commercial testing laboratory. Pests shall be made on 6 cylinders
andor 6 beams at curing times appropriate to the class of concrete.
The Street Superintendent will approve or reject the mix design and materials based on these submittals. This
approval shall be subject to additional testing during construction.
Mix designs for various classes of concrete shall conform to the Following:
Minimum Sacks
Maximum Gal
Maximum Slump
Class
Cement per CY
Water not Sack _
Inches
A
5.0
6.5
5
B
5.5
5.5
5
C
6.0
6.0
3
D
4.5
6.5
5
E
7.0
5.0
As specified by
concrete batch plant
2.4 STRENGTH REQUIREMENTS
The various classes of concrete shall confonn to the following minimum strengths in psi as determined by the
average of two test cylinders or beams. if cores are subsequently used to prove compressive strength where test
cylinders indicate failures, the required compressive strength shall be increased by 10%.
COMPRESSIVE FLEXURAL
Class 3 Day 7 Day ---28 [sty__-�_
A - 2100 3000 -
B 2500 3000 - -
C - 2500 3600 600(29 day)
D - - 2500 -
E 3000 psi at 24 hours
2.5 CKNIENT
Cement shall be Type 1, Type 11, Type lit, or Type V cements, conforming to ASTM C 150 ' :Standard Specification
for Portland Cement". Air entrained cement shall be Type 1A, Type IiA, Type iI1A, or Tvpc VA conforming to j
ASTM C 175 "Specification for Adding Air Entraining to Portland Cement" and ASTM C 226 "Standard
Specification for Air -Entraining Portland Cement'.
2.6 AGGREGATE
Concrete aggregate shall consist of natural, washed and screened sand, and washed and screened gravel or clean
crushed stone conforming to ASTM C 33.
4
The aggregates shall be well graded from coarse to fine with a maximum size of 1-1'2 inches, and shall conform to
ASTM C 136.
Al I aggregate shall be free of injurious amounts of clay, soft or flaky materials, loam, or organic impurities.
Fine aggregate shall be graded from tine to coarse and shall conform to ASTM C 136. 'fhe gradation for a_g gregate
shall meet the hollowing requirements by weight:
ELN1 -A-CAM MEGAT COARSE AGCiREGA_fE
Sieve Percent Retained Sieve Percent Retained
3i8 inch 0 1-3,14 inch 0
No. 4 0-5 1-1i'2 inch 0-5
No.16 20-55 3 4inch 30-65
No. 30 45-75 31 inch 70-90
No. 50 70-90 No. 4 95-100
No. 100 98-100
Maximum amounts of organic impurities shall conform to ASTM C 40 and ASTM C 87. Maximum amounts of
impurities finer than the U200 sieve shall cont'orm to ASTM C 117. Maximum amounts of sots particles shall
conform to ASTM C 123. Maximum amounts of friable panicles shall conforn to ASTM C 142-
Stockpiles shall be protected from dusty conditions by drift fences or other methods approved by the Street
Superintendent. Stockpiling methods used shall not allow aggregate to roll down the slope as it is added to existing
stockpiles. Stockpiles shall be built in layers of uniform thickness. Equipment shall not be permitted to operate over
the same lift repeatedly.
2.7 FLOWABLE FILL
Plowable fill shall consist of a concrete mixture of pea gravel and sand with a cement content of 1-1,2 sacks per
cubic yard. Plowable fill shall be used for backfill in all utility ditches within the right of way, and other areas as
specified. Utility ditches in existing paved streets shall be backfilled with flowable fill fi'onh the bottom of the ditch
to the paring surface. Use of concrete in place of Powable fill is not acceptable, and if used in place of flowable full
shall be removed by the contractor.
2.8 WATER
Water shall be clean, clear, free from oil, acid or organic matter and free from injurious amounts of alkali, salts, or
f ' other chemicals and shall conform to AASHTO '1'-)6.
2.9 ADMIXTURES
Admixtures may be applied to die concrete ntix design when approved by the Street Superintendent to achieve any
desired special properties. Chemical admixtures shall conform to ASTM C 494. C'hemical acirnirtures shall not be
used as a suhstitute for Cement.
Mineral admixtures such as Ply Ash and Natural Pozzolans in conformance with ASTM C 618 may not be used with
Types I, Il, tll, and V Portland Cement untess ecificaily approved bhp tEH Strect Su�rintendent. It'approved only
Class C or Class P fly ash may be used.
When fly ash is permitted to be used; "cernent" in relation to mix design shall be defined as "cement plus fly ash".
Fly ash may constitute no more than 15% by absolute volume of the cement as approved by the Street
Superintendent.
i
2.10 REINFORCING 14ATEREAI.S
GENERAL -All concrete, except for curb and gutter, shall incorporate wire mesh or fiber reinforcement, andl'or
other reinforcement as indicated on plan sheets. Lietal reinforcement shall be grade 40 (4UKS1) unless indicated
otherwise on plan sheets.
All steel reinforcing materials shall be securely held in proper position with devices appropriate to the type of
reinforcement used, subject to approval by the Street Superintendent.
STEEL - Wire mesh shall conform to ASTM A 185, and shall be 6"x 6"-10 gauge welded wire fabric, or size as
indicated on plan sheets. Reinforcing bars shall be open-hearth basic oxygen or electric furnace new billet steel
Manufactured in accordance with ASTIVI A 615 and ASTM A 305, Steel reinforcing materials stored at any location
shall be protected fi•om accumulations of grease, mud or other foreign matter, and rust producing materials. When
incorporated into construction, steel reinforcement shall be free from rust, scale, oil, mud, and structural defects.
Dowels for slip joints shall be smooth plain round bars free from burrs, rough surfaces, and deformations. Sleeves or
wrapping shall be as indicated on plan sheets.
Chairs shall be used to support the reinforcing steel in the correct position while concrete is being placed. Chairs
shalt be made of plastic (preferred) or steel, and shall be of adequate size to positively hold the reinforcing materials
in position.
FIBER - Fiber reinforcement may be used in place of wire mesh only if approved by the City Engineer. Fiber
reinforcement shall be either 100% virgin polypropylene, collated, fibrillated fibers specifically manufactured for use
as concrete reinforcement, containing no reprocessed olefin materials, or steel fibers equivalent to Novocon Xorex.
The quantity of fiber reinforcement used shall be 1.5 pounds per cubic yard, or as recommended by the fiber
manufacturer.
The minimum physical characteristics on the fiber shall be as follows:
Specific Gravity 0.91
Tensile Strength 70,000 psi to 110,000 psi
Length 3/4"
2.11 JOINTS
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. The 40 foot intervals may be omitted
for machine placed curb and gutter. 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 r
as directed by the Street Superintendent. Tooled contraction joints, cut at least one quarter the concrete depth, shall
be placed at 10 foot intervals.
Alley paving (Class B concrete) shall be constructed with an expansion joint at each cold joint. Tooled contraction i
joints, cut 3'4 inch wide 1-51 inch deep, shall be placed at 13 foot intervals. Alley paving contraction joints shall be
sealed with an asphaltic sealer, f
i
Street paving (Class C or F.. concrete) shall be constructed with contraction and expansion Joints.,s indicated on plan !
and detail sheets. Unless otherwise specified, the joints shall be sawed U2 inch wide and to depth equal to 1.4 of the
pavement thickness plus one half inch. Joints shall he saw cut within 12 hours of placement of the concrete paving. i
The joints shall be scaled with an clastomeric system as specified in section 2.12. ? !
1
{alley gutters and fillets shall be constructed with tooled construction joints. The joints shall he sealed with an F
clastomeric system as indicated in section 2.12. i
i
f It`
t
6
i
i
2.1 2 JOINT SEALING MATERIALS
Bituminous premolded expansion joint material shall conform to ASTM D 1751, and shall be placed as indicated on
plan sheets or elsewhere in these specifications.
Elastomeric sealant for contraction joints shall be, or shall be equivalent to, W.K. Meadows "SOF-SEAL", W.R.
Meadows •4 158 cold applied, or "GARDOX" as required by plan sheets. Mot poured sealant liar joints between
Portland cement concrete and Bituminous concrete shall conform to AS"fM D 3405. }lot poured joint sealant for all
other joints in Portland cement concrete pavement, shall conform to ASftvt D 3406. Cold poured joint sealant shall
conform to ASTM C 420.
Elastomeric joint sealant shall be mixed and applied in accordance with the manufacturer's recommendations. Prior
to application, joints shall be cleaned by sandblasting and otherwise prepared so that the sealant adheres to the
surfaces to form an effective seal against moisture and solid particles. The sealant shall be a soft, highly flexible,
rubber like material after curing which shall not track, flow, crack, or break when exposed to hot and cold
temperature extremes typical of local conditions.
Backer rod used with clastomeric sealant shall be 25%greater in diameter than the joint width. it shall be made of
polyethylene foam or other material as recommended by the sealant manufacturer. Compression of the backer rod
material shall be approximately 25% shrinkage at 8 psi applied stress. The material shall not melt, shrink, evaporate,
or absorb water, and shall be compatible with the application of the sealant to be used.
13 CURING COMPOUNDS
All fresh concrete surfaces shall be completely covered with a liquid membrane forming curing compound and the
_- application shall conform to DMS - 4650 and TxDOT Item "Concrete Structures - Curing Materials."
No other methods of moisture retention on fresh concrete shall be used unless specifically approved by the Street
Superintendent.
2.14 FORMS FOR CONCRETE
Forms for concrete construction shall be set to the lines and grades established by the Street Superintendent after
subgrade has been prepared. The forms shall be held together and in place in such a manner that they will not move
during the placing and working of the concrete. The forms shall be cleaned and oiled prior to placing concrete.
Face forms and construction joints (removable metal plates) shall be set to hold the concrete in place until it is to be
finished.
Forms that are warped or damaged in any manner so as to make them unacceptable to the Street Superintendent shall
not be used. Forms f'or radii shall be set in the same manner as straight forms, and shall be set to produce curves true
to the plans. Face forms will not be required for curb and gutter on radii if a true section can be obtained by other
methods acceptable to the Street Superintendent.
2.15 PLACING AND FINISHING CONCRETE
Placing of concrete shall not start before sunrise, and shall stop one hour before: sunset. Concrete shall be placed as
close to its proper location as practical. Sufficient concrete shall be placed to allow for shrinkage and extra material
for finishing. The concrete shall be floated and troweled to the approximate section. No water shall be added during
placement or finishing of any concrete. unless specifically authorized by the Street Superintendent.
I -or curb and gutter removal of face forms and finishing shall be started after a partial set occurs. For all concrete
construction approved forms, templates, and tools shall be used to form the cross -sections indicated on plan or detail
sheets.
Concrete shall not be placed when the ambient temperature is below 40 degrees F as detennined by the National
Weather Service continuous broadcast, 748-1071, selection 2. Concrete shall not be placed on frozen subgrade. The
contractor shall have available sufficient covering material. approved by the Engineer, to immediately protect
concrete should the air temperature fall below 33 degrees F. This protection shall remain in place as long as the
temperature continues below 32 degrees, to a maximum of 5 days. No salt or other chemical admixtures shall be
added to the concrete to prevent freezing.
All concrete placed for pavement shall be consolidated by use of mechanical vibrators approved by the Street
Superintendent and designed to vibrate the concrete internally. Vibrators shalt be operated in a manner not to
interfere with joints, and shall not come in contact with forms. The surface of concrete street paving shall
incorporate a heavy broom finish, or tined finish if indicated on plans. All other concrete surfaces shall be
completed with a light broom finish.
Finished concrete surfaces shall not have irregularities in excess of 1.8 inch when tested with a 10 foot straightedge.
Prior to acceptance, the contractor shall apply sufficient water to all concrete and paving to determine locations of
ponding. Ponded areas shall be removed and replaced. Any concrete construction damaged by equiptnent, toots,
vandals, or other influences shall be replaced at the contractor's expense.
3.1 SUBGRADE
Subgrade material for concrete or asphalt construction shall consist of'suitable native soil or offsite soil, free from
vegetation or other objectionable matter. All unstable or objectionable material shall be removed from the subgrade
and replaced with approved material. The material shall be suitable for forming a stable embankment and shall meet
the following requirements:
Liquid limit 45 maximum
Plasticity Index 15 maximum
Linear Shrinkage 2 min - 10 max
Subgrade material which does not meet the above requirements may be conditioned with lime or caliche screenings.
The conditioning shall produce a uniform subgrade material which meets all of these specified subgrade
requirements.
Subgrade shall be prepared in conformance with the lines and grades shown on the plans, or as directed by the Street
Superintendent, by scarifying and compacting to a minimum of95% of Standard Proctor Density at optitnum
moisture content plus or minus 2%. Subgrade shall be constructed in maximum of 6 inch lifts. The total thickness of
the Subgrade shall be 6 inches minimum for streets 36 feet wide or less, 12 inches minimum for streets greater than
36 feet wide, or as indicated on plan sheets.
The compaction method for subgrade shall provide for each lift to be compacted to the specified density using
appropriate equipment. After each section of subgrade is complete, tests as determined necessary by the Street
Superintendent will be made by the City of Lubbock Testing lab with respect to moisture and density using nuclear
testing equipment. At any time the Street Superintendent may require proof rolling on streets or alleys with a 25 ton
pneumatic roller, or equivalent, to test the uniformity of compaction.
All utility ditches shall be determined to be stable prior to construction ol'subgnrde over such utility ditch.
Any fill placed within existing or proposed street right of way in execution of an approved cut and fill plan shall
meet these specifications for materials and construction. Cut and fill operations shall comply with Chapter 25 of the
City of lmhhock Code of Ordinances.
Subgrade which has become wet, or otherwise altered. after completion may be subject to retesting and reprocessing
as determined by the Street Superintendent.
4.1 FLEXIBLE BASE (CALICHE
The material for flexible base shall consist of crushed caliche, limestone, calcareous clay particles, conglomerate,
gravel, sand, or other approved granular materials produced frotn oversize quarried aggregate, sized by crushing and
produced from a naturally occurring single source. Blending of sources shall be allowed only if both sources
individually meet the requirements of these specifications. Ifmaterial characteristics within the approved source
change, rite material shall be subject to retesting and re-upprovat prior to continued use. 'l'he Contractor shall not
change material sources without approval by the Street Superintendent.
All base material sources are subject to approval by the Street Superintendent. Approved sources that do not test
consistently within the limits of these specifications during construction may be rejected by the Street
Superintendent.
Flexible base material may he conditioned by addition of crushed concrete (Class A Concrete minimum). Blending
of crushed concrete and caliche shall he performted at the contractor's production site. The crushed concrete shall be
processed to remove wood, steel and other contaminants, including brick and asphalt materials, before blending.
The final blended material shall meet the material and performance specifications as stated herein.
4.2. MATERIAL TESTS_
Flexible base material shall conform to the following test requirements:
Sieve Analysis
Sieve Size 2-1t2" 1-34" 7,'8" lt2" tl4 _ 1f40
%Retained 0 5-10 10-35 30-50 45-65 70-85
Atterberg Limits
Material passing the No. 40 Sieve shall be known as "Soil Binder" and shall meet the following requirements:
Liquid Limit 45 maximum
Plasticity Index 15 maximum and 3 minimum
Linear Shrinkage 10 maximum
Wet Ball Mill
When tested in accordance with Tex -I 16-F (Wet Ball Mill) the base material shall have a value not to exceed 55.
The percent of material passing the #40 sieve shall not increase by more than 30 during the test.
4.3 FLEXIBLE BASE CONSTRUCTION
Areas behind curbs shall be backtilled and leveled with approved topsoil prior to placing base material. Approved
flexible base material shall be hauled in vehicles of uniform capacity and dumped evenly along the project length for
processing and compaction. Processing shall be accomplished in multiple lifts of 3 inches compacted thickness.
Each course shall be wetted and rolled with a pneumatic roller as required to produce a uniform compaction of 95%
nrininmm of Standard Proctor Density at a moisture content i% to 2% below optimum. At any time the Street
Superintendent may require proof rolling with a 25 ton pneumatic roller to ensure uniform compaction of base.
Processing for compaction of caliche base with a sheeps foot type roller will not be permitted.
The base shall be maintained by bleding, watering, or other methods until the wearing surface is placed. Windrow
c;tliche shall not be removed until the base has passed finish inspection. Base which becomes wet, or other wise
altered, may be subject to retesting and reprocessing as determined by the Street Superintendent.
The compacted flexible base shall be finished and shaped immediately proceeding the application of the surface
treatment. All loose or unconsolidated material shall be removed and the surface tnoistened and rolled with a steel
wheel roller. All irregularities, depressions, or weak spots which develop shall be corrected by scarifying, adding or
removing material as required, reshaping, and rccompacting, or other methods approved by the Street
Superintendent.
Any deviation in the surface of the finished base in excess of 311 inch fmin the established grade or true cross-
section, using a 10 foot long straight edge, shall be corrected as provided above.
5.1 ASPHALT STABILIZED BASE (ASB)
Asphalt stabilized base shall consist of a compacted mixture of graded gravel aggregate (cafiche is not an acceptable
aggregate for ASB) and asphalt cement mixed hot in a mixing plant in accordance with these specifications. Unless
otherwise specified, the materials and construction shall conform to TxDOT Itern 292 Asphalt Treatment (Plant
Mixed). The contractor's plant and equipment are subject to approval by the Street Superintendent, and shall be
appropriate and in suitable condition to produce the base material consistently in compliance with these
specifications.
In place compaction control is required for all ASB. The material shall be placed and compacted to a minimum
density as determined by TxDOT Tesi Method Tex- 12G-E. Samples of the compacted ASB will be removed by City
personnel from locations designated by the Street Superintendent to determine composition, compaction, thickness,
and density. The contractor shall replace the pavement removed from core holes at no cost to the City. ASB found
to be deficient in composition, compaction, thickness, or density shall be corrected at the contractor's expense as
directed by the Street Superintendent.
5.2 ASB MIX DESIGN
The contractor shall provide a current mix design using the approved materials indicating gradation and optimum
asphalt content. The aggregate mixture shall confonn to the following master gradation:
Sieve Size 1-1/2" 3/4" 1 IT, #4 li4Q
Percent Retained by Weight 0 8-30 30-55 50-70 70-90
Material passing the #40 sieve shall be known as soil bimder and shall meet the following requirements:
Liquid Limit shall not exceed 45
Plasticity Index shall not exceed 15
Linear Shrinkage shall not exceed 5
The mineral aggregate shall not contain more than 0.5% moisture prior to entering the pugmill for mixing with
asphalt.
The ASB mixture shall consist of a unilbrnt mixture of mineral aggregate and asphaltic material. The mineral
aggregate shall conform to the gradation requirements specified.
The percent asphaltic material shall be determined in accordance with Test Method Tex.-12b-E or Test Method
Tex.-204-F and procedures outlined in TxDOT Bulletin C-t4. In no case shall the asphalt content be less than 4%or
more than 94,o' by weight. Asphalt for the mixture shall meet the requirments of TxDOT Item "Asphalt, Oils, and
Emulsions". The grade of asphalt and source must be approved by the Street Superintendent prior to use.
The contractor shall submit the mix design prepared by a qualified lab for approval by the Street Superintendent.
The Street Superintendent will approve the asphalt content to be used in the mixture after design tests have been
made with the aggregate to be used. The asphalt content of the production mixture shall not vary from the design
more than 0.2%dry weight based on total mixture.
10
5.3 PLACING ASB
Asphalt Stabilized Base shall be placed and compacted in 3 inch lifts to form a 3, 6, or 9 inch thick compacted base,
unless otherwise directed by the Street Superintendent. Prior to placing ASB, the subgrade shall be prepared as
previously specified. The cross-section shall be constructed to form the specified crown on the NM
AC; surface at the
centerline of the street, or as indicated on the plans.
ASB shall not be placed when the air temperature, as reported by the National Weather Service 748-1071. selection
2, is below 45 degrees F and falling. During June, July, and August ASB shall be placed at a temperature between
245 and 285 degrees F. During other months ASB shall be placed at a temperature between 275 and 325 degrees F.
Any ASB material that is above, or below the specified temperature range may be rejected by the engineer. No
payment will be made for any rejected material, Any ASB material that is rejected shall be disposed of at a location
observed and approved by the Street Superintendent.
The ASB material shall be spread on the approved prepared surface using an approved spreading machine. The
materlal shall he placed in such it manner that when properly compacted the finished course is smooth, of uniform
density, and in conformance with the cross -sections and grades shown on the associated plans.
5.4 ASB COMPACTTOIV
The ASB shall be compacted thoroughly and uniformly with approved rollers to a density of 93`:'o to 96%of
Marshall Density. I tb specimens for Marshall Density shall be molded at 275 degrees F for mixes using
Performance Grade asphalt, and 250 degrees F for mixes using AC-10.
Rolling shall be continued until no further increase in density can be obtained and all roller marks are eliminated.
Compaction shall be completed before the ASB mixture cools below 185 degrees F.
The compacted ASB shall conform the cross -sections, lines, and grades shown on the plans or as directed by the
Engineer. The surface shall be smooth and have a uniform texture acceptable to the Street Superintendent.
6.1 HOT MIS{ ASPHALT CONCRETE SURFACE (HMACi
I -lot mix asphalt concrete surface shall consist of a minimum of one and one half inch thick compacted mixture of
coarse aggregate, fine aggregate, mineral filler (if required), and asphalt cement mixed hot in a mixing plant in
accordance with these specifications- Unless otherwise specified, the materials and construction shall conform to
Txt)QT item 340 Dense Graded Hot Mix Asphalt Method. 'The contractors plant and equipment are subject to
approval by the Street Superintendent, and shall be appropriate and in suitable condition to produce the NMAC
surface consistently in compliance with these specifications. Approval of the source and character of the materials
shall be obtained from the Street Superintendent prior to use. The combined mineral aggregate , after final
processing by the mixing plant and prior to addition of asphalt and mineral filler, shall have a sand equivalent value
of not less than 45 when tested in accordance with 'test Method Tex 203-F. The percent of flat of elongated slivers
of stone for any aggregate shall not exceed 25% when tested in accordance with Test Method'Tex 224-F.
Asphaltic mixtures with aggregates which exhibit stripping characteristics shall be conditioned with either lime or
liquid anti -stripping agent approved by the Street Superintendent. Anti -stripping agents shall meet requirements of
TXDOT Item "Asphalt Anti -stripping Agents", and shall be added at the manufacturer's recommended dosage and
temperature range.
Core samples of the NMAC surface will be removed by City personnel from locations designated by the Street
- Superintendent (minimum of 2 cores per 600 toot block) to determine composition, compaction, thickness, and
density. I4MAC surface found to be deficient in composition, compaction, thickness, or density shall be corrected at
the contractor's expense as directed by the Engineer. The contractor shall replace the pavement removed from core
boles at no cost to the City.
C.
6.2 IWICKNESS OF 11MAC SURFACE
1'he thickness of 141MAC surface shall be a minimum of one and one lralf(1-1 2) inches, unless otherwise indicated
on plaits. If only one core measures zero to U4 inch less than required thickness no corrective action shall be
required. If two or more cores measure at least U4 inch less than the specified thickness, the HM AC surface shall be
considered deficient with respect to thickness. Additional cores will be taken at 25 foot spacing to define the limits
of deficiency. No additional compensation will he made to the contractor for thickness of IIMAC surface greater
than specified.
The paving surface shall not have variations exceeding 118 inch between any two contact points on a 10 foot
straightedge. Defects shall be remedied as directed by the Street Superintendent using methods specified in TxDOT
Item 585 Ride Quality for Pavement Surfaces.
6.3 MIX DESIGN
The contractor shall provide a current I4MAC. mix design using the approved materials, indicating gradation and
optimum asphalt content.
If approved by the Street Superintendent, the contractor may furnish an alternate mix design based on specific
proposed materials. Otherwise the aggregate mixture shall conform to the following master gradation:
Type " C" (Coarse Graded Surface Course - Streets greater than 36 feet wide)
Percent passing 7%8"
100
Percent passing 5i8"
98-100
Percent retained on Y8"
12-25
Percent retained on No. 4
15-30
Percent retained on No. 10
12-30
Total percent retained on No. 10
53-65
Percent retained on No. 40
10-20
Percent retained on No. 80
5- 15
Percent retained on No. 200
5- I5
Percent passing No. 200
1- 6
Tyne "D" ( Fine Graded Surface Cours - Streets 36 feet or less wide)
Percent passing 5r8"
100
Percent retained on 318"
5-15
Percent retained on No. 4
30-50
Percent retained on No. 10
12-30
Total Retained on No. 10
53-65
Percent retained on No.40
10-20
Percent retained on No. 80
5-15
Percent retained on No. 200
5-15
Percent passing No. 200
1- 6
Material passing the No. 40 sieve shall be known as soil binder and shall meet the following requirements:
Liquid Limit shall not exceed 45
Plasticity Index shall not exceed 15
Linear Shrinkage shall not exceed 5
12
L
The mineral aggregate shall not contain more than 0,5° o moisture prior to entering the pugmill for mixing with
asphalt. The HMAC mixture shall consist of a uniform mixture of mineral aggregate and asphalt material, The
percent asphalt in the mixture shall be determined to meet the Marshall Stability criteria as follows:
E. Marshall Criteria"I'm"C�----..rY'e j-
Percent Asphalt Content _ Optimum plus 0.25% to 0.50%
No. Blows (each end of specimen) 75 50
Stability (Lb.) 1500 1200
Flow (units of 0.01 inch) 8 min 16 max 8 min 18 max
Percent Air Voids 2 min 5 max 3 min 6 max
1 f approved by the Street Superintendent, the contractor may provide an alternate mix design based on his proposed
materials. The contractor's materials and mix design shall meet all the performance criteria addressed in these
specifications, and will retain the optimum plus 0 25°r'e to 0.50% asphalt content.
6.4 COARSE AGGREGATE
The coarse aggregate shall be the material retained on a No. 4 sieve, and shall consist of clean, washed, tough,
durable fragments of crushed stone or crushed gravel of uniform quality.
Mixing or combining of crushed gravel and crushed stone will not be permitted. Coarse aggregate shall be crushed
to the extent that produces a minimum of 50% crushed faces for both 'Type " C" 111MAC, and Type " 13" HMAC, when
tested in accordance with Test .Method Tex -460-A Part I "Determination of Crushed Face Count".
Coarse aggregate shall have a maximum loss of 15% when subjected to 4 cycles of the Magnesium Sulfate
Soundness Test ASTM C-88. The amount of organic matter, clays, looms, or panicles coated therewith, or other
undesirable materials shall not exceed 2 percent. When subjected to the Los Angeles Abrasion "Test, the coarse
aggregate shall not have a loss greater than 40 percent by weight.
Coarse aggregate may be enhanced by addition of crushed concrete (Class A minimum). The crushed concrete shall
be processed and blended at the contractor's batch plant. The material shall be processed to remove wood, steel, and
other objectionable materials so as to produce a crushed aggregate in confonnance with these specifications.
6.5 FINE AGGREGATE
The fine aggregate shall be that part of the material passing the No. 4 sieve and shall consist of sand andlor
screenings. The plasticity index of that part of the sand passing the 40 sieve shall not exceed 6. The plasticity index
of the screenings shall not exceed 9. Sand shall be composed of durable stone particles free front injurious foreign
matter. Sand content in mix design shall not be greater than 15%. Screenings shall be of the same or similar
material as specified for coarse aggregate.
Mineral Filler shall consist of thoroughly dry stone dust, slate dust, Portland cement or other material dust approved
by the Street Superintendent. The mineral filler shall be free of foreign and other injurious matter and shall meet the
following gradation:
Percent by Weight Retained on No. 30 Sieve 0
Percent by Weight Retained on No. 80 Sieve 10 maximum
Percent by Weight Retained on No. 200 Sieve 35 maximum
6.6 ASPHALT
Asphalt shall he AC l0 with Latex (3% by weight of asphalt, or the performance grade asphalt currently used by the
local INDO`I" district. The contractor shall notiN, the Engineer of the source of asphaltic material for approval prior
to production of the asphaltic mixture. The optimum asphalt content shall he determined by the Marshall Stability
13
method. Tile percent asphalt content in produced HMAC surface shall be optimum plus 0.25016 to 0.50° n for Type
"C" and "type " D" HMAC.
6.7 PRIME AND TACK COATS
Prior to placing HMAC on flexible base, the surface shall be primed using an application of 0.20 gallons of asphalt
per square yard of surface.
Before any asphaltic mixture is laid, the surfaces against which the pavement is to be placed shall be cleaned to the
satisfaction of the Street Superintendent. The surfaces shall be given a unifortn application of tack coat using
asphaltic materials of this specification. The tack coat shall be applied as directed by the Street Superintendent with
an approved sprayer. Where the pavement mixture will adhere, as determined by the Street Superintendent, to the
surfaces on which it is to be placed without the use of a tack coat, the Street Superintendent may waive the
requirement for the tack coat. All contact surfaces of curbs, structures, and joints shalt be painted with a thin
uniform tack coat.
The prime, or tack coat, shall be asphalt materials such as AC-10, undiluted CSS-111, or a similar product as
approved by the Street Superintendent.
6.8 PLACING HMAC
HMAC surface shall be constructed to a minimum compacted thickness of t-li2 inches. The pavement shall be
constructed on the previously approved base. Placing of HMAC shall not start tenth sunrise, and must stop one hour
before sunset. HMAC surface shall not be placed until at least 48 hours after the application of the prime coat_
Air temperature requirements for placing HMAC shall be as follows:
November 1 to April I
HMAC shall not be placed when the air temperature is below 55 degrees F and falling.
HMAC may be placed when the air temperature is above 50 degrees F and rising.
April t to November i
HMAC shall not be placed when the air temperature: is below 50 degrees F and failing.
HMAC may be placed when the air temperature is above 45 degrees and rising.
Air temperature shall be determined by the National Weather Service hourly report, 748-1071, selection 2. If the
temperature of any HMAC, measured while passing through the lay down machine, is 25 degrees F more or less than
the mixing temperature, the load shall be rejected. No payment will be made for rejected material. Any HMAC
material that is rejected shall be disposed of at a location observed and approved by the Street Superintendent.
The asphaltic mixture shall be dumped and spread on the approved prepared surface using an approved spreading
and finishing machine. The material shall be placed in such a manner that when properly compacted the finished
course is smooth, of uniform density, and in conformance will) the cross -sections and grades shown on the associated
plans. Raking loose material back across the HMAC, mat will not be permitted. Wings of the laydown machine may
not be dumped unless they are dumped after every load.
A level up course, tr2 inch or more in thickness, shall require the use of ASB or a coarse grade of IlMAC approved
by the Street Superintendent.
When tite asphaltic mixture is placed in a small area where use of finishing machinee is not practical, the contractor
may use other methods approved by the Street Superintendent provided a satisfactory surface can he obtained.
Adjacent to curbs gutters or other flush structures, the surface shall be finished uniformly high so that when
compacted it will be 1 A inch above the curb or flush structure.
14
(A
All joints shall present the same texture, density, and .-smoothness as other sections of the course. The joints between
i y old and new pavements or between successive tlay's work shall he made to insure a continuous bond between the old
and new sections of the course. The transverse edges of old pavement and, if required by the Street Superintendent,
the successive day's pavement shall be cut with an approved concrete saw to expose an even vertical surface for the
full thickness of the course. All contact surfaces of previously constructed pavement shall be painted with a thin
uniform coat of Itot bituminous material before the fresh mixture is placed.
6.9 COMPACTION
IFIMAC surface compaction shall be 94% to 98% of Marshall density (2% to 6% air voids). Using appropriate
rollers approved by the Street Superintendent, the pavement shall be compacted thoroughly and uniformly to a
density consistent with the density developed in the laboratory Marshall test method of molding stability specimens.
At a minimum one tandem roller weighing not less than 8 tons, two pneumatic rollers with a weight capable of being
uniformly varied from 275 to 550 psi per inch width of tire tread, and one three wheel roller weighing not less than
10 tons shall be provided for each job. Additional rollers shall be provided by the contractor if needed.
Rolling with three wheel and tandem rollers shall start longitudinally at the sides and proceed toward the center of
the pavement, overlapping on successive trips by at least half the width of the rear wheels. Alternate trips of the
roller shall be slightly different in length. On super -elevated curves rolling shall begin at the low side and progress
toward the high side.
Rolling with pneumatic rollers shall be done as directed by the Street Superintendent and shall be continued until
required compaction is obtained and all roller marks are eliminated.
The motion of the rollers shall be slow enough to avoid displacement of the mixture. Rollers shall not be permitted
to stand on pavement which has not been fully compacted. Any displacement of the mixture shall be corrected
immediately by the use of rakes and fresh mixture where required.
Gasoline, oil, grease, solvents, or other foreign matter shall not be permitted to fall on the pavement when rollers arc
in operation or standing.
Places inaccessible to the rollers may be compacted using lightly oiled tamps. Trenches and other limited areas
where required compaction cannot be obtained using a three wheel roller shall be compacted with a trench type
roller.
'File surface of the pavement after compaction shall be smooth and true to the established line, grade, and cross-
section. Wlten tested with a 10 foot straight edge placed parallel to the centerline of the roadway, or other means
acceptable to the Street Superintendent, the maximum deviation shall be not exceed 1/8 inch in 10 feet. An
acceptable 10 foot straight edge shall be provided by the contractor. Any point in the surface not meeting this
requirement shall be corrected as directed by the Street Superintendent. When placed on existing surfaces, the 118
inch maximum deviation requirement may be waived by the Street Superintendent.
6.10 EMULSIFIED ASPHALTSEALER
All HMAC surface courses shall be sprayed with an emulsified asphalt sealer consisting of a 1985 mix are of CSS-
f H, or 20/80 SS-1, liquid anionic asphalt and distilled water. The emulsified asphalt scaler shall be applied after the
HMAC surface has cooled to below 70 degrees F, and shall be applied at a rate of 0.10 to 0.12 gallons per square
yard of surface.
7.1 STORM SEWER
Storm sewer shall include installation of pipe, manholes, inlet structures and outlet structures. Contractor shall use
only materials, tools. methods, and equipment considered standard by the pipeline construction industry, and
approved by the Street Superintendent. Grade and horizontal alignment shall be maintained using a laser or batter
boards.
7.2 REINFORCED CONCIiETk; PIPE
Storm sewer shall be constructed using reinforced concrete pipe, either precast or cast in place. The pipe shall
conform to the requirements of AASIITO M-170 or ASTM C-76. Pipe shall be Class III unless otherwise noted on
plan sheets.
13 MORTAR
Mortar shall be used for caulking and filling between pipe and drainage structures. Mortar shalt be composed of. I
part, by volume, of Ponland cement and 2 parts of mortar sand. The Portland eminent shall conform to die
requirements of ASTM C-150,'rype I. The sand shall conform to the requirements of ASTM C-144, hydrated lime
may be added to the mixture of sand and cement in an amount equal to 15% of the weight of cement used. The
hydrated lime shall meet the requirements of ASTM C-6.
Mortar which has not been used after 45 minutes of having water added shall be discarded. Mortar may not be
retempered by having water added.
7.4 PREFORMED IIITI MINttS GASKETJOINTS
Preformed bituminous gaskets for concrete non -pressure pipe shall conform to the requirements of Fed. Spec. SS-S-
00210 (GSA-FSS), and shall be Ram-Nek or approved equal. Gaskets shall be installed in accordance with
manufacturer's recommendations and shall form a water -tight joint.
7.5 MANHOLES
Manhole barrel, cone and extension sections shall be constructed of precast concrete. A plant inspection may be
required for production facility inspection and to review record -keeping for material certification.
The manufacturer must provide certification that all materials used for niattufacturing meet with the following ASTM
Specifications.
Aggregates
ASTM C-33
Cement
ASTM C-150
Sampling Specimens
ASTM C-39
Reinforcing
ASTM C-185
Sand and Mortar
ASTM C-144
Precast concrete sections for manholes shall conform to ASTM C-478 specifications. Compressive strength test
results must verify concrete strengths meet or exceed 4,000 psi. Aggregate shall be crushed limestone and shall
conform to ASTM C-33 specifications.
Joints, excepting grade rings, shall be tongue and groove or an equivalent male and female type joint as approved by
the Street Superintendent. Ail joints shall be effectively jointed to prevent leakage and infiltration. All connections
between wall sections shall be joined with Conseal Joint Sealant or approved equal to provide a watertight manhole.
This sealant will be provided by supplier and will be considered an essential part of each shipment. All cones and
adjusting rings shall maintain a clear 24" opening. Adjusting rings shall be reinforced with the same percentage of
steel as risers and tops and wilt also meet ASTM C-473 specifications. Adjusting rings, as well as all precast
concrete manhole products, shall be smooth, uniform in size and dimensions, consistent in components throughout
and free of voids or honeycombs.
All manholes shall be designed to withs12nd H-20 AASHTO loading. They shall also have lifting holes that do not
protrude through manhole wall; one full inch of concrete thickness must remain between lift hole and outside wall of
manhole.
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Manhole barrels shall be assembled of precast riser section. Riser sections and top cone sections shall be placed
vertically with tongues and grooves properly keyed.
Invert channels shall be smooth and semi -circular in shape conforming to the inside of the adjacent pipe section.
Charges in direction of flow shall be made with a smooth curve of as large a radius its the size of the manhole with
permit. Changes in sire and grade of the channels shall be made gradually and evenly. The invert channels may be
formed directly in the concrete of the manhole base or may be half -pipe laid in concrete. The floor of the manhole
j`
outside the channel shall be smooth and shall slope toward the channel not less titan one inch per foot, nor more than
two inches per foot.
All connections between the riser or base sections and the sewer pipe shall be joined in such a manner as to make the
manholes watertight. Preformed rubber waterstop gaskets cast into the riser or base section are acceptable.
Preformed flexible plastic seating compounds equivalent to "Kam -tick" or "Kent Seal" may be used provided a
'
watertight seal is achieved.
Adjusting rings may be used for adjusting the top elevation, except that the total height of the adjusting rings shall
not exceed 12 inches at any manhole. Concrete shall be placed around and under the rings to provide a seal and seat
the ring at the proper elevation. Each manhole shall have a minimum of 6 inches of grade adjustment.
7.6 MANHOLE FRAMES AND COVERS
Manhole frames and coven shall be of good quality gray iron casting and conform to ASTNI A-48, having a clear
opening of trot less than 22 inches. The casting shall be designed with a full bearing ring so as to provide a
continuous seat between frame and cover. The cover shall be furnished with lifting ring cast into the covet in such
manner as to prevent water leaking through, frame and cover shall have a weight of not less than 275 pounds. The
manhole ring and cover shall be Western Iron Works rt40 or approved equal.
7.7 CONSTRUCTION METHODS
All equipment necessary and required for the proper construction of storm sewers, manholes and culverts shall be on
the project, in first-class working condition, and approved by the Street Superintendent before construction is
permitted to start. If precast concrete pipe or manhole sections are used, the Contractor shall provide appropriate
hoisting equipment to handle the pipe or sections while unloading and placing it in its final position without damage
to the pipe.
The Contractor shall provide hand tampers and pneumatic tampers to obtain the required compaction of the pipe bed,
E-
i
the manhole bed and the backfill, as specified.
7.8 EXCAVATION
The Contractor shall do all excavation to the depth shown on the plans. Where rock, or soil containing rocks or
gravel, hard pan or other unyielding foundation material is encountered in trench excavation, the pipe shall be
bedded in accordance with the requirements of one of the classes of bedding, and the hard unyielding material shall
be excavated below the elevation of the bottom of the pipe or pipe bell to a depth of at least 8 inches or I12 inch for
each foot of till over the top of the pipe, whichever is greater, but not more than three -fourths the nominal diameter
of the pipe. The cushion shall consist of a fine compressive material, such as silty clay or loam, lightly compacted,
and shaped as required for the specified class of bedding. The cost of furnishing and placing the cushion material
shall be included in the bid price per linear foot of pipe in place. The bottom of the trench shall be excavated to a
horizontal section as tar as practicable. Excavated material not required or acceptable for backfill shall be disposed
of by the Contractor as directed by the Street Superintendent. Excavation shall not be carried below the required
depth; but when it is, the trench shall be backtilled at the Contractor's expense with material approved by the
Engineer and compacted to the density of the surrounding earth material as determined by AASHTO 7'-iSb.
When directed, unstable soil shall be removed for the full width of the trench and replaced with sand or with
approved granular material_ lire Street Superintendent shall determine the depth of removal of unstable soil and the
17
amount of backfill necessary. The backfill shall be compacted and shaped to a firm but slightly yielding condition to
form the bed for the pipe.
Grades for pipe shall be as shown on the drawings. No changes in grade will be made unless so directed by the
Street Superintendent. The minimum width of the trench at the top of the pipe, when placed, shall be a width which
♦vill permit the proper construction of joints and compaction of backfill around the pipe. The sides of Cite trench
shall be vertical, unless otherwise approved by the Street Superintendent. The maximum allowable width of the
trench shall not exceed the widths shown below unless otherwise approved by the Street Superintendent.
NOMINAL PIPE MINIMUM TRENCH MAXIMUM TRENCH
SIZE W1 )TH AT SPRING 1~INE WIDTH AT'I'OP OF PIPE
Less than 18" Pipe O.D. + 12" Pipe O.D. •- 18"
18" thru 36" Pipe O.R. + 18" Pipe O.D. +24"
37' thru 60" Pipe O.D. + 24" Pipe O.D. — 30"
The width of the trench above the top of the pipe may be as wide as necessary for shoring, bracing or proper
installation of the pipe. Excavation in paved areas shall be confined to a minimum practical width. The bed fur pipe
shall be so shaped that at least the lower quarter of the pipe circumference shall be in continuous contact with the
bottom of the trench.
The excavation for manholes shall be essentially the same as that for the piping. The sides of the excavation shall be
vertical unless otherwise approved by the Street Superintendent. The Contractor shall do such trench bracing,
sheathing or shoring necessary to perform and protect the excavation as required for safety and conformance to
applicable taws and regulations. The bracing, sheathing, or shoring shall not be removed in one operation but shalt
be done in successive stages to prevent overloading of the pipe during backfilling operations. The cost of the
bracing, sheathing, or shoring and the removal of same, shall be included in the unit price hid per foot for the pipe.
Surface water shall be prevented from entering the excavation. Heavy equipment, except for excavating equipment,
shall not be operated within 20 feet of the edge of the excavation. Excavated materials shall be stockpiled no closer
than 3 feet from the edge of the excavation.
7.9 PIPE INSTALLATION
'The Contractor shall provide the appropriate tools and methods to insure installation of the pipe to line and grade, as
shown on the drawings. The Contractor's facilities for lowering precast pipe into the trench shall be such that neither
the pipe nor the trench w'til be damaged or disturbed. The Street Superintendent shall inspect all precast pipe before
it is placed. Any section that is damaged by handling or is defective to a degree which in the opinion of the Street
Superintendent will materially affect the function and service of the pipe shall be rejected and removed from the job
site.
installing the precast pipe in the finished trench shall be started at the lowest point and is laid upgrade. for tongue
and groove precast pipe, the grooved end shall be laid upgrade.
The pipe shall be firmly and accurately installed to line and grade so that the invert will be smooth and uniform. The
pipe shall be protected from water during placing and until the concrete, in cast -in -place pipe, or the mortar, in the
joints of precast or cast in place pipe. has thoroughly set. The contractor shall provide temporary diversions as
necessary to prevent surface water flow into the excavation.
Pipe shall not be laid or installed on frozen ground.
Pipe which is not true in alignment. or which shows any change in grade after laying or installing, shall be taken up
and re-laid or re -installed without extra compensation.
Mortar shall be used for caulking and filling between the pipe and the drainage structures. Mortar that is not used
within 45 minutes after water has been added shall be discarded. Retempering of mortar shall not be permitted. Pipe
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joints for precast concrete pipe shall be of the tongue and groove type. The joints shall be of a water tight joint.
Each joint shall be sealed with a preformed bituminous gasket as specified. The gasket shall be installed as
recommended by the pipe manufacturer.
Field poured concrete bases shall be at least 12 inches thick and not less than i (one) foot greater diameter than the
outside diameter of the manhole riser section. Concrete shall be Class A at a minimum 3000 psi 28 day compressive
strength. Concrete placement shall confonu to ACI and good construction practices. Concrete shall be consolidated
and struck -off to a horizontal surface within the forms or pouring rings.
Field poured concrete bases shall be reinforced as detailed on the Plans or as shown in the Standard Details. The
manhole shall be constructed to ASTM C-891 standards.
Precast reinforced concrete bases shall be of the size and shape detailed on the Plans or as shown in the Standard
Details.
7.10 BACKFILLING
All trenches and excavations shall be backfilled as the pipes and manholes are installed, unless otherwise directed by
the Street Superintendent. Outside of street right of way the backfill material shall be selected granular material front
excavation or borrow; material which is placed at the sides of the pipe and manhole and i foot over the top shall be
material which can be readily compacted. It shall not contain stones retained on a 2-inch sieve, frozen lumps, chunks
of highly plastic clay, or any other material which is objectionable to the Engineer. The Material shall be moistened
or dried, if necessary, to be compacted by the method in use. Backfill material shall be approved by the Street
Superintendent.
The backfill shall be placed in loose layers not to exceed 6 inches in depth along each side of the pipe and manhole.
Special care shall be taken to secure thorough compaction under the haunches and at the sides of the pipe and
manhole. This backfill shall be brought up evenly on each side of the structure to an elevation of 1 foot over the top
of the pipe, or such greater elevation as directed by the Street Superintendent.
Backfilling shall be done in a manner to avoid injurious top or side pressures on the pipe and manhole. Backfill shall
be compacted to 95% (min.) Standard Proctor Density.
Unless otherwise directed by the Street Superintendent or plans, excavation within street right of way shall be
backfilled with flowabfe fill material (2-sacks of cement per cubic yard concrete mix) to I- li2 inches below the
asphalt surface. The pipe shall be restrained so that during the pour the pipe shall no( be displaced.
Movement of construction machinery over a culvert, pipeline, or manhole shall be at the Contractor's risk. Any
damaged construction shall be removed and replaced at the expense of the Contractor.
7.11 TRENCH PROTECTION
'French excavations not exceeding five feet in depth shall be protected in accordance with applicable OSHA, state,
and local requirements. Trench excavations greater than five feet in depth shall be protected in accordance with the
(isllowing specifications. All work performed under this section shall also comply with OSHA Part 1926, Subpart P
and all State and Local codes. The Contractor shall be responsible for complying with all trench safety requirements,
the requirements of the specifications, drawings and all applicable codes.
"french protection shall be performed by forces having at least two years experience with similar types of trench
safety syslems. The manufacturer of prefabricated items used in trench safery systems shall have at least two years of
experience in fabricating the items.
The contractor shall provide detailed drawings for proposed trench safety systems. The drawings shall identify
where each system is proposed for use and type of system to be used. Trench excavations shall not be started until
trench safety systems have been submitted and approved by the Street Superintendent
19
If trench boxes are to be used, the contractor shall submit manufacturer's standard data sheet and certificate of
compliance stating the maximum allowable depth for the givers design pressure for each type of trench box proposed
for use.
If alternative systems composed of steel, aluminum, wood or a combination of materials are proposed, the contractor
shall submit design data demonstrating the ability of the proposed materials to provide the necessary trench
protection.
Materials used for trench safety shall be capable of withstanding imposed loads without excessive deflections.
Materials shall be clean, free of rust, hobs, knots and other defects, and shall conform to the following:
Steel — Steer shall be of type and thickness as required and shall have a minimum yield stress of 36 ksi.
Aluminum - Type 6061-T6, thickness as required.
Wood in Contact with Earth — Pressure treated woods.
Wood not in Contact with Barth - Soft or hardwood as required.
8.1 FENCES
Unless otherwise indicated on plans, existing fences which must be adjusted or relocated shall be reconstructed using
the saute or equivalent materials, height, and construction in the proper location. The contractor shall remove
existing fence and either store for reuse or legally dispose of the fence materials, whichever is appropriate.
New fence construction shall be in accordance with specifications and details included on plan sheets.
9.1 SALVAGE OF ASPHALT PAVING
All salvage asphalt material shall be broken into pieces not more than 1 inch in size and stockpiled at a location
indicated in the plans. Any non -asphaltic materials, such as flexible base and soil, shall be kept separated from the
salvaged asphalt.
10.1 BARRICADES
Prior to starting work on any project covered by these specifications, the contractor shall submit a Traffic Control
Plan for approval by the Street Superintendent. The contractor shall have the sole responsibility for providing,
installing, moving, replacing, maintaining, cleaning, and removing upon completion of work, all traffic control
devices. The Traffic Control Plan and devices shall be in compliance with the Texas Manual of Uniform Traffic
Control Devices (MUTCD) and the 1993 National Cooperative Highway Research Prograin Report 350 (NCURP
350).
The Traffic Control Plan approved by the Street Superintendent shall be considered the minimum requirement for
the project. The contractor shall provide additional devices as determined to be necessary during the project. if at
any time during construction the approved plan does not accomplish die intended purpose, due to weather or other
conditions affecting the safe handling of traffic, the contractor shall immediately tttakc necessary changes to correct
the unsatisfactory conditions.
The contractor shall maintain ingress and egress to private property at all times.
All sieninQ and barricading shall be in place before construction operations are started and during all times
construction is in progress All hazards shall be clearly marked and adequately protected. If pedestrian walkways
are blocked, pedestrian control shall conform to `,Typical Sidewalk and Curb -lane Closure for Pedestrian Control"
as indicated in Texas MUTCD.
?0
No separate payment will be made for traffic control. 'I'lte required plan and devices shall he considered to be
subsidiary to pay items.
I1.1 PROSECUTION OF THE WORK AND WORKING DAYS
During the period the contractor is directing traffic over the base, the surface shall be satisfactorily maintained by the
use of sprinkling and blading as required, so that no hazard will result. The base course shall be maintained until the
wearing surface is placed thereon.
At no time during the period of construction shall driveways and/or alleys be left impassable between the night hours
of 6:00 i'M to 6:00 AM. except during the construction of curb and gutter for which the driveways andior alley's
shall remain closed not more than 4 days.
No work will be performed after dark or before daylight.
11.2 WORKING DAYS DEFINITION
City contracted paving projects will be based on working days allowed. No requests for extensions of time will be
considered. A working day is defined as a calendar day, not including Saturdays, Sundays, or City of Lubbock
designated holidays, in which weather or other conditions beyond control of the contractor will permit the
performance of the principal unit. of work for a continuous period of not less than 7 hours between 7:00 am and 6:00
pm.
Work on Saturdays, Sundays, or City of Lubbock designated holidays must be authorized by the Street
Superintendent (see item 113). For each Saturday, Sunday, or City of Lubbock designated holiday on which the
Contractor chooses to work and has authorization from the Street Superintendent to work. I day will be charged
against the contract working time when conditions will permit at least 7 hours of work as described above. Work on
Sunday will not be authorized except in cases of extreme emergency, as determined by the Street Superintendent.
Working days will be considered to begin on the effective date stated in the Notice to Proceed, unless the contractor
is unable to begin work on that date due to factors beyond his control as determined by the Street Superintendent. to
that event, time charged against the project will begin on the date the contractor could first work a minimum of 7
hours as described above.
The Street Superintendent will furnish the contractor a monthly statement showing the number of working days used
and the working days remaining. The contractor shall be allowed 10 calendar days in which to protest the
correctness of each statement. The protest shall be in writing, addressed to the Street Superintendent, and shall
indicate basis of the protest. The Street Superintendent shall respond to the protest within 10 calendar days of
receiving the protest, Failure to file a protest within the allotted 10 days For any statement shall indicate the
contractor's approval of the time charges as shown on that period's time statement, and future consideration of that
time statement will not be permitted.
11.3 WORK BETWEEN tiOVEMBER f AND JANUARY 2 AND ON OTHER HOLIDAYS
m
If conditions are such that, in the opinion of the Street Superintendent, construction will negatively affect local
businesses during holiday periods, the Engineer may suspend construction operations from November 1 to January 2.
The City of Lubbock observes specific holidays, and City staff is not required to work those days. As standard
procedure, construction operations that require testing inspection may not be performed on those holidays. if the
contractor needs to perform construction operations that require City personnel on holidays, the contractor shall
make a written request for authorization to work from the Street Superintendent_ The request shall state the reason
the work is necessary, and shall state that the contractor agrees to pay the City for the related personnel expenses
including salary, overtime, and benefits. If City personnel are available, the Street Superintendent may approve the
request.
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12 1 MEASUREMENT AND PAYMENT
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 anti 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. All of the items
covered by these standard specifications may not be included in a particular project. Only those items indicated on
bid documents and plan sheets shall be included for construction and payment.
12 Z CURB AND GUTTER
Measurement will be made of the linear feet of curb and glitter actually constructed. Curti 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,
excavation, filling, backfilling, forming, finishing, and all incidentals necessary to complete the work.
12.3 CONCRETE FLAT SLABS - SIDEWALK DRIVEWAY ALLEY RETURN, ALLEY PAVING, AND
VALLEY GUTTER
Measurement will be made of the area, in square feet, of flat slab actually constructed. Flat slabs will be paid for at
the unit price bid per square foot for each specific type of slab. Curb on alley returns shall be included in the area
measured for the slab and will not be paid as a separate item. The unit price bid shall include furnishing and
installing all materials, excavation, filling, backfilling, reinforcement, forming, finishing, joint cutting, joint sealing,
and all incidentals necessary to complete the work.
12.4 CURB RAMPS (HANDICAP RAMPS)
rvleasurement will be made of the area, in square feet, of curb ramp actually constructed, excluding top surface area
of any retaining wall. Curb ramps will be paid for at the unit price bid per square foot. The unit price bid shall
include furnishing and installing all materials, excavation and filling within two feet of the ramp, back filling,
reinforcement, forming, finishing, and all incidentals necessary to complete the work.
12.5 CONCRETE DRAINAGE CHANNEL
Measurement will be made of the area, in square feet, of drainage channel actually constructed, including top surface
area of any retaining wall or curb. Drainage channel will be paid for at the unit price bid per square foot. The unit
price bid shall include furnishing and installing all materials, excavation and filling within two feet of the channel,
backfilling, reinforcement, forming, finishing, and all incidentals necessary to complete the work.
12.6 RETAINING_ WALL OR CURB ON DRAINAGE CHANNELS AND CURB RAPYIPS
:Measurement will be made of the height from bottom of footing or slab to top of wall, and linear feet of wall or curb
actually constructed. Retaining wall or curb will be paid for at the unit price bid per cubic foot.
The unit price bid shall include furnishing and installing all materials, excavation, tilling, backfilling, reinforcement,
forming, finishing, and all incidentals necessary to complete the work.
12.7 CONCRETE MEDIAN
Measurement will be made of the area, in square feet, of median actually constructed. Median will be paid for at the
unit price bid per square foot. The unit price bid shall include furnishing mid installing all materials, excavation,
filling, reinforcement, forming, finishing, and all incidentals necessary to complete the work.
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12.8 CONCRETE STREET PAVING
Measurement will be made of the area, in square yards, of concrete street paving actually constructed. Concrete
s
street paving 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, backfiliing, reinforcement. forming, finishing, and all incidentals
necessary to complete the work.
Sawing and sealing of joints shall not be included and will be paid for as a separate bid item.
12.9 SAWING AND SEAt 1NC. OF JOINTS 1N CONCRETE S'rREF.T PAVING
r
Measurement will be made of the linear feet of sawed and scaled joints actually constructed. Sawing and sealing of
joints will be paid for at the unit price bid per linear foot. The unit price bid shall include furnishing and installing
all materials, equipment, sawing, cleaning, seal components, and all incidentals necessary to complete the work.
12 10 STORM SEWER INLET BOX AND MANHOLES
Storrs sewer inlet boxes and manholes will be paid for at the unit price bid per each. The unit price bid shall include
furnishing and installing all materials, excavation, Filling (except Plowable fill), floor, connection to pipes,
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reinforcement, forming, finishing, manhole rings and corers, and all incidentals necessary to complete the work.
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12.11 HEAD*VALLS
Storm sewer headwalls will be paid for at the unit price bid per each. The unit price bid shall include furnishing and
installing all materials, excavation, filling, reinforcement, forming, finishing, grates, and all incidentals necessary to
complete the work.
12.12 STORM SEWER PIPE
Ntcasurement along the centerline of the pipe will be made of the actual length of pipe constructed, from face of
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structure to face of structure or to centerline of manhole, and will be paid for at the unit price bid for Storm Sewer.
Depth of cut shall be considered to be from the top of the adjacent grade stake to the flowline of the pipe. Tire unit
price bid shall include furnishing and installing all materials, pavement removal, excavation, tilling, backfilling with
compacted soil where applicable, and all incidentals necessary to complete the work. Flowable fill will be paid for
as a separate pay item.
12.13 EXTRA VERTICAL FEET OF MANHOLE
The actual constructed manhole will be measured from the top of the base to the top of the ring and cover. Any
depth of manhole exceeding G feet in depth will be paid for at the unit price bid for extra vertical feet of manhole.
The unit price bid shall include furnishing and installing all materials and all incidentals necessary to complete the
work.
12.14 CURB AND GUTTER REMOVAL
Measurement will be made of the linear feet of curb and gutter actually removed. Payment will be made at dre unit
price bid per linear foot of curb and gutter removed. The contractor shall ensure that the Street Superintendent has
the opportunity to measure the linear feet of curb and gutter prior to removal. if curb and gutter is removed without
measurement by the Street Superintendent. no payment will be made for that removal. The unit price bid shall
include sawing, hauling, labor and equipment, and legal disposal for removal of the curb and gutter.
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12.15 CONCRFTE SLAB REMOVAL
Measurement will be made of the area in square feet of concrete slab actually removed. Payment will be made at the
unit price bid per square foot of concrete slab removed, The contractor shall ensure that the Engineer has the
opportunity to measure the area of concrete slab prior to removal. if concrete slab is removed without measurement
by the Street Superintendent. no payment will be made for that removal. The unit price bid shall include sawing,
breaking, hauling, labor and equipment, and legal disposal for removal of the concrete slab.
12.16 1 1/2 SACK FLOWABLE FILL
Quantities of 1 I/2 sack flowable fill will be determined from tickets provided by the drivers of the delivery trucks.
Payment will be made at the unit price bid per cubic yard of in place 1 1/2 sack flowable till. The unit price bid shall
include furnishing and placing the material and all incidentals necessary to complete the work.
12.17 ASPHALT PAVING
Measurement will be made of the area, in square yards, of asphalt paving actually constructed. Payment will be
made at the unit price bid per square yard. The unit price bid shall include furnishing and installing all materials,
subgrade preparation, construction of caliche or asphalt stabilized base as specified, excavation, filling, tack and
prime coats, HMAC surface, emulsion seal, and all incidentals necessary to complete the work.
12.18 ASPHALT PAVING REPAIR
Measurement will be made of the area. in square yards, of in place asphalt paving repair. Payment will be made at
the unit price bid per square yard of paving repair. The unit price bid shall include furnishing and placing all
asphaltic materials, sawing of existing paving edges, smoothing and preparation of the existing base, flowable fill if
required, tack and prime coats, compaction, and all incidentals necessary to complete the work.
12.19 EXCAVATION AND GRADING (OUTSIDE LIMITS OF CONSTRUCTION)
Volume of excavation or fill; in cubic yards, wilt be determined by average end -area method. Payment will be made
at the unit price bid per cubic yard of completed excavation or till. The unit price bid shall include all labor,
equipment, and incidentals necessary to excavate or fill the site to the grades established by the Street
Superintendent. No separate payment will be made for disposing of excess material.
12.20 DITCH GRADING AND UNPAVED STREET SURFACE GRADING
The volume of ditch grading, in cubic yards, will be determined by average end area method. Measurement will be
made of the area, in square yards, of completed surface grading of unpaved streets. Payment will be made at the unit
price bid per cubic yard of completed ditch grading per cubic yard, or surface grading per square yard. The unit
price bid shall include all labor, equipment, and incidentals necessary to grade ditches or surface grade unpaved
streets to the grades established by the Engineer. No separate payment will be made for disposing of excess
material.
13.1 STANDARD DETAILS
Construction shall be in accordance with the following standard details unless otherwise indicated on plans, or
directed by the Street Superintendent. The 24 inch curb and gutter details shalt be considered to be standard. 30
inch curb and gutter details shall apply only if specifically indicated on plans or bid documents_
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STREET CROWN ELEVATIONS
PAVEMENT WIDTH
FINISHED PAVING SURFACE-:
CURB FACf TO CURB FACE
ABOVE GUTTER
22 feet
0.32 feet
24 feet
0.35 feet
26 feet
0.37 feet
28 feet
0.40 feet
30 feet
0.42 feet
32 feet
0.45 feet
36 feet
0.50 feet
42 feet
0.57 feet
46 feet
0.62 feet
52 feet
0.69 feet
64 feet
0.85 feet
66 feet
0.86 feet
86 feet
1.14 feet
88 feet
1.15 feet
All street paving shall incorporate a centerline crown at the listed elevation unless otherwise indicated on plans, or as
directed by the Street Superintendent.
The widths listed above refer to the total proposed future full width of street.
14.1 PATCHING AHEAD OF SEAL COAT OR TWO -COURSE NIAINTENANCE
The black base, two sack flowable Fill, hot mix material, and concrete to be used in patching ahead of the seal coat or
two -course maintenance shall be used at locations as directed by the Street Superintendent. No substitutions shall be
permitted without prior approval from the Street Superintendent. The areas to be patched shalt be marked and
measured by the Street Superintendent's representatives. The area to be patched shall he barricaded, according to
Texas Manuel for Uniform Control Devices, at all times during patching operations, however, if the Street
Superintendent permits, the patched area may be opened to traffic prior to placing the final hot -mix surface. to that
event, the Contractor shall taper the edges of the patch with mix to minimize any bumps or inconvenience to traffic.
14.11 PATCHING WITH ASPHALT STABILIZED BASE (ASBl
Patching shall include removing the existing surfacing, either three (3), six (6), or nine (9) inches of the existing base
and subgrade (as the Street Superintendent directs), and, if the sub -grade is unstable, it will be removed and replaced
with black base. The excavated base will then be replaced with asphalt stabilized base material (either three (3), six
(6), or nine (9) inches), as directed by the Street Superintendent, and compacted to 95% of tab density. After the
base material has cooled sufficiently, the surface course of hot mix shall then be placed and rolled until the required
density is obtained.
The edges of the patch shall be vertical and shall be tacked before placing the black base and the t-1.1L inches of hot -
mix.
All hot -mix edges will meet the grade of the existing surface.
14.12 PATCHING WITH 6" OF TWO SACK CEMENT FLOWABLE FILL.
Saute as above except six (6) inches of two (2) sack cement flowable fill :will be used instead of six W; inches of
black base.
At all times the patching, area will be barricaded according to Texas ,;,iu Ca ffopen to traffic befr.,re the hot mix is
placed, the edges of the patch will be leveled up with mix to minimize bumps.
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NOTE: Both black base and two sack ftowabte till are anticipated being used, with locations of'each type
of material to be directed by the Street Superintendent.
14.13 PATCHING WITH 1-1f2" OF HOT-M.1X
Same as "Patching with Black Base" except only the existing asphalt surface will he removed.
14.14 CURB AND GUTTER PATCHiiNG
Patchinb shall include removing the existing curb and gutter and replacing with the proper configuration (24 or 32
inch), as directed by the Street Superintendent.
1.4.15 VALLEY GUTTER CONSTRUCTION
The construction of new valley gutter shalt include removing the existing surfacing and replacing with 8 inches of
concrete, with locations as directed by the Street Superintendent.
14.2 ASPHALTIC CONCRETE MILLING
1-his item consists of removing I" - 2" (or as the Street Superintendent directs) of the existing asphaltic concrete
surface and replacing it with either a single course seal coat, a two course seal coat, or hot mix (as the Street
Superintendent directs). The material removed from the milled surface will remain remain the property of the City
of Lubbock and shall be stockpiled at a location as directed by the Street Superintendent.
The edges of the patch shall be vertical and shall be tacked before placing hot mix. The hot mix edges will meet the
grade of the existing surface.
16.1 CLEANUP
Immediately after each application of asphalt, the Contractor shall clean, remove paper, piles of asphalt from
manholes and water valves, extra aggregate that is in the gutter, rubbish and temporary structures from the street.
restore in an acceptable manner all property, both public and private, which has been damaged during the
prosecution of the work, and leave the site of the work in a neat and presentable condition throughout. The cost of
the "cleanup" shall be included as part of the cost of the various items of work involved, and no direct compensation
will be made for this work. This work shalt be done before final acceptance.
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2009 Street Patching List
East 50th Street I-27 to Ave Q
50th Street Ave Q to University Ave.
Quaker Ave South Loop 289 to 82" d Street
82nd Street Slide Road to Quaker Ave.
82nd Street Quaker Ave to Indiana Ave.
University Ave South Loop 289 to 50th Street
Frankford Ave Spur 327 to 82"d Street
Frankford Ave 82"d Street to 98th Street
Ave P South Loop 289 to Ave Q
Martin Luther King Blvd. Municipal Dr. to Parkway Dr.
Martin Luther King Blvd South Loop 289 to 50th Street
Mac Davis Lane Ave Q to Ave K
Ave O 4th Street to l Oth Street
10th Ave Q to Ave K
Quaker Ave 41h Street to 19th Street
University Ave 82"d Street to 98th Street
Slide Road 19th Street to 13th Street
Indiana Ave Clovis Highway to 4th Street
Indiana Ave. South Loop 289 to 50th Street
Indiana Ave South Loop 289 to 82" d Street
Memphis Ave 82nd Street to Memphis Drive
Memphis Ave 93`d Street to 87th Street
Memphis Ave 98th Street to 93`d Street
Nashville Ave 93`d Street to 871h Street
74`' Street Quaker Ave to Utica Ave
Utica Ave 50th Street to South loop 289
Ave A 19th Street to 34th Street
Erskine Ave Indiana Ave to Quaker Ave
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