HomeMy WebLinkAboutResolution - 4044 - Contract - Williams & Peters Inc - Public Access Roadway, Lake Alan Henry - 12_17_1992Resolution No. 4044
December 17, 1992
Item #25
RESOLUTION
IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Mayor of the City of Lubbock BE and is hereby authorized and
directed to execute for and on behalf of the City of Lubbock a Contract by and
between the City of Lubbock and Williams & Peters Construction to construct
the public access roadway to Lake Alan Henry, Justiceburg, Garza County,
Texas, attached herewith, which shall be spread upon the minutes of the Coun-
cil and as spread upon the minutes of this Council shall constitute and be a
part of this Resolution as if fully copied herein in detail.
Passed by the City Council this 17th
ATTEST:
Sally StiU Abbe, Acting City
Secretary
APPROVED AS TO CONTENT:
Tic -tor Kil%nan, Acting Purchasing
Manager
APPROVED AS TO FORM:
-A-/, �" -'M A, L�'
aro Will ar , ss1sta t City
Attorney
sw: js/1.A1CM.HES
D2-Aaenda/December 8, 1992
of ber 1992.
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CITY OF LUBBOCK
SPECIFICATIONS
FOR
PUBLIC ACCESS ROADWAY
LAKE ALAN HENRY
BID # 12339
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CITY OF LUBBOCK
Lubbock, Texas �e�� ,�0
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City of Lubbock
P.O. Box 2000
Lubbock, Texas 79457
606-767-2167
MAILED TO VENDOR: December 4, 1992
CLOSE: December 8, 1992 @ 2:00 P.M.
BID #12339: PUBLIC ACCESS ROADWAY - LAKE ALAN HENRY
ADDENDUM # 1
PLEASE MODIFY OR AMEND CONTRACT DOCUMENTS AS PER THE ENCLOSURES
CONTAINED HEREIN.
1. Please submit your bid on the enclosed revised Bid Proposal
Form.
PLEASE RETURN ONE COPY WITH YOUR BID
THA YOU,
Ron Shuffield,
BUYER
Office of
Purchasing
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ADDENDUM NO. 1
Public Access Roadway
Lake Alan Henry
1. Section 5.0 "Clearing and Grubbing":
Clearing and grubbing shall be limited to those
cleared and grubbed for the proper execution of
clearing and grubbing shall be performed beyond
areas neeeded to be
the contract. No
those areas.
All cleared and grubbed material shall be disposed of at the Lake
Alan Henry site at a location approximately 6 miles north-east of
the entrance to the Public Access Roadway. The materials may be
either buried into the lake bed or burned. Burying shall be limited
to vegetative material resulting from the clearing and grubbing
operations. Burying of non -vegetative materials such as rubbish,
construction debris, etc., shall not be allowed. The Contractor
shall comply with all the applicable regulations as set forth by the
Texas Air Control Pollution Board, the Texas Water Commission, and
with any other local, state or federal requirements. The Contractor
shall be responsible for obtaining all the pertinent permits for
burying or burning operations. Cost associated with disposing of
the materials at the above indicated site, burying and/or burning,
and any permitting, if required, shall be included in the Bid
Proposal Item 1. "Clearing and Grubbing".
2. Section 8.0 "Flexible Base (Caliche)" - Sub -section 8.4 -
"Processing", and Drawing No. 12 of 13:
Change required thickness of lifts from three (3) courses of three
(3") inches each to two (2) courses of four and one half (4 1/2)
inches each. All other requirements in this section remain the
same.
3. Section 13.0 "Thermoplastic Pavement Markings":
This entire section is hereby being replaced by the section
"Preformed Pavement Markings" which has been attached to this
Addendum.
4. Construction Water Pollution Prevention:
a) Sedimentation and Erosion Control Measures:
The Contractor shall furnish and install Reinforced Silt Fences at
the locations to be indicated by the Owner' Representative. In
general, the Reinforced Silt Fences are to be installed across the
roadway side ditches, and at the inlets and outlets of the proposed
cross culverts. Specifications and a drawing for the Reinforced
Silt Fences have been attached to this addendum. Payment for these
fences shall be made within the Item "Reinforced Silt Fences" which
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has been added to the revised Bid Proposal (herein attached).
In addition to the above, the Contractor shall install Reinforced
Silt Fences around areas used for stockpiling. These silt fences
shall be installed to prevent potential sedimentation of stockpiled
materials into undisturbed areas and/or water courses. No direct
payment will be made for this work. The cost of all labor,
equipment and supplies to install these fences shall be included in
the contract unit prices bid for the various contract items which
will involve stockpiling (i.e. excavation, embankment, flexible
base, etc.).
b) Construction Pollution Mitigating_ Measures:
The Contractor, at his own expense, shall provide pollution
mitigation measures for those areas to be used for storage of
construction materials and any other potential pollutants such as
oil, fuel, etc.. All construction equipment shall be operated and
stored/parked in such a manner as to prevent any pollution.
Measures shall be taken to prevent construction vehicles from
tracking sediments off the construction site.
�. cl Pollution Prevention Plan:
The City of Lubbock will prepare and submit a Notice of Intent to
the Environmental Protection Agency for, and at least 24 hours prior
to the construction activities for this project. The city will
r" also prepare a Storm Water Pollution Prevention Plan which shall
remain at the construction site at all times.
5. Revised Bid Proposal Form:
The Bid Proposal Form has been revised to include the above
�., modifications. The bid shall be submitted on the enclosed revised
Bid Proposal Form. This form will eliminate the form included
within the original bid package.
ADDENDUM NO.
Attachment 1
Public Access Roadway
Lake Alan Henry
13. PREFORMED PAVEMENT MARKINGS
A. Description: This work will consist of furnishing and installing
retroreflective preformed pavement markings in accordance with this
provision and in reasonably close conformity with the dimensions and
lines shown on the plans or established by the Owner's
Representative. The markings will consist of a four (4") inch wide
dashed center line (yellow) and four (4") inch wide continuous line
(white) on both sides of the pavement, as indicated on the plans.
B. Materials: The preformed markings shall consist of white or yellow
films with pigments selected and blended to conform to standard
highway colors through the expected life of the film. Glass beads
shall be incorporated to provide immediate and continuing
retroflection.
The size, quality and refraction index of the glass beads shall be
such that the performance requirements for the markings shall be
met. The bead adhesion shall be such that beads are not easily
removed when the material surface is scratched with a thumbnail.
The film shall have glass bead retention qualities such that when a
2" x 6" sample is bent over a 1/2" diameter mandrel, with the 2"
dimension perpendicular to the mandrel axis, microscopic examination
of the area on the mandrel show no more than 10% of the beads with
entrapment by the binder of less than 40%.
The preformed markings shall be capable of being adhered to asphalt
concrete by a pre -coated pressure sensitive adhesive. A primer may
r" be used to precondition the pavement surface. The preformed marking
film shall mold itself to pavement contours by the action of
traffic. The pavement marking films also shall be capable of
r application on new, dense and open graded asphalt concrete wearing
courses during the paving operation in accordance with the
manufacture's instructions. After application, the markings shall
r. identify proper solvents and/or primers (where necessary) to be
applied at the time of application, all equipment necessary for
proper application, and recommendations for application that will
assure the materials shall be suitable for use for one year after
the date of receipt.
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C. Classification
r" The markings shall be general purpose high durability retroflective
pliant polymer film without liner backing for preformed longitudinal
and transverse markings.
D. Requirements
1. Composition: The retroreflective pliant polymer pavement
marking film shall consist of a mixture of high quality
polymeric materials, pigments and glass beads distributed
throughout its base cross sectional area, with a reflective
layer of beads bonded to the top surface.
2. Reflectance: The white and yellow films shall have the
following initial minimum reflectance values at 0.2 degrees
and 0.5 degrees observation angles and 86.0 degrees entrance
angle as measured in accordance with the testing procedures
of Federal Test Method Standard 370. The photometric
quantity to be measured shall be specific luminance (SL),
and shall be expressed as millicandelas per square foot
per foot candle. The metric equivalent shall be expressed
as millicandelas per square meter per lux. The test distance
shall be 50 feet (15m) and the sample size shall be a 2.0 x
2.5 feet rectangle (0.61 x 0.7m).
The angular aperture of both the photoreceptor and light
projector shall be 6 minutes of arc. The reference center
shall be the geometric center of the sample, and the
reference axis shall be taken perpendicular to the test
sample.
Observation White Yellow
Angle 0.2 0.5 0.2 0.5
SL 550 380 410 250
3. Acid Resistance: The beads shall show resistance to
corrosion of their surface after exposure to a 1% solution
(by weight) of sulfuric acid. The 1% acid solution shall be
made by adding 5.7 cc of concentrated acid into 1000 cc of
distilled water. CAUTION: always add the concentrated acid,
into the water, not the reverse. The test shall be
performed as follows:
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Take a 1" x 2" sample, adhere it to the bottom of a glass
tray and place just enough acid solution to completely
r" immerse the sample. Cover the tray with a piece of glass to
prevent evaporation and allow the sample to be exposed for
24 hours under these conditions. Then decant the acid
.• solution (do not rinse, touch, or otherwise disturb the bead
surfaces) and dry the sample while adhered to the glass tray
in a 150 degree F (66 degree C) oven for approximately 15
minutes. Microscopic examination (20X) shall show no more
than 15% of the beads having a formation of a very distinct
r opaque white (corroded) layer on their entire surface.
PM 4. Reflectively Retention: To have a good, effective
performance life, the glass beads must be strongly bonded
and not be easily removed by traffic wear.
The following test shall be employed to measure reflectively
retention:
Taber Abraser Simulation Test
Using a Taber Abraser with an H-18 wheel and a
125 gram load, the sample shall be inspected at
200 cycles, under a microscope, to observe the
extent and type of bead failure.
No more than 15% of the beads shall be lost due
to popout and the predominate mode of the
failure shall be "wear down" of the beads.
5. Skid Resistance: The surface of the retroreflective pliant
polymer film shall provide an initial minimum skid
resistance value of 45 BPN when tested according to ASTM E-
303-74.
6. Tensile Strength and Elongation: The film shall have a
minimum tensile strength of 150 pounds per square inch of
cross-section when tested according to ASTM D 638-76, except
that a sample 6" x 1" shall be tested at a temperature
between 70 degrees F and 80 degrees F using a jaw speed of
10 to 12 inches per minute. The sample shall have a minimum
elongation of 75% at break when tested by this method.
7. Thickness: The film without adhesive shall have a minimum
thickness of 0.06".
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8. Effective Performance Life: The film, when applied
according to the recommendations of the manufacturer, shall
provide a neat, durable marking that will not flow or
distort due to temperature if the pavement surface remains
stable. Although reflectivity is reduced by wear, the
pliant polymer shall provide a cushioned, resilient
substrate that reduces bead crushing and loss. The film
shall be weather resistant and, through normal traffic wear,
shall show no fading, lifting, shrinkage, significant
tearing, roll back, or other signs of poor adhesion, which
will significantly impair the intended usage of the marking
for a period of one year after installation.
E. Installation:
These markings shall be applied when directed by the Owner's
Representative after application of the asphalt hot mix.
General Note: Owner's Representative will have the final say as to
whether primer is needed for proper installation of preformed
., markings when surface temperature is below 590F.
�. F. Method of Measurement: Linear pavement markings will be measured in
linear feet, complete -in -place for the width specified.
G. Basis of Payment: Retroreflective preformed pavement markings will
be paid for at the contract unit price, which price shall be full
compensation for cleaning and preparing the pavement surface for
furnishing and placing all materials and for all materials, labor,
tools, equipment and incidentals necessary to complete the work.
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ADDENDUM NO. 1
Attachment 2
Public Access Roadway
Lake Alan Henry
REINFORCED SILT FENCE
A. Description: This work shall consist of furnishing and installing
reinforced silt fence across the roadway side ditches and culvert
inlets/outlets at the locations to be indicated by the Owner's
Representative.
B. Materials and Installation: Reinforced silt fences shall be at least 24
a inches but not more than 36 inches in height. The full height of the
fence shall be supported by 5-foot long, 4 inch -diameter posts or
equivalent and a wire fence 42 inches in height. The posts shall be
driven at least 12 inches into the ground. The maximum spacing of the
post shall be 10 feet. The wire fence shall be a minimum of 14 gauge
n and a maximum mesh spacing of 6 inches. The wire mesh shall be stapled
to the posts on the upslope side with heavy duty staples at least 1 inch
long. --The filter fabric shall be attached to the wire mesh with wire
r„ ties. The filter fabric shall be Amoco 2125 or approved equal.
Reinforced silt fences shall remain in place and be maintained
throughout the duration of the contract. The fences shall be inspected
r' after every rain storm and repaired or replaced as necessary.
C. Payment: Payment shall be by the linear foot of Reinforced Silt Fence
furnished and installed. The unit price shall be full compensation for
furnishing and placing all materials, labor, tools, equipment and
incidental work. The unit price will also include compensation for
repairing and/or replacing the reinforced silt fences as necessary.
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BID PROPOSAL
BID FOR UNIT PRICE CONTRACTS
Item Quantities Per Total
No. & Units Description of Item & Unit Prices Unit Amount
---------------------------------------------------------------------------------
1. 78.25 STA Clearing and Grubbing, per 100-Foot Station;
SERVICES: ($ )$
MATERIALS: !($ )$
TOTAL: _($ )$
2. 11,900 C.Y. Roadway Excavation, including excavation and
compaction of roadway side ditches, per Cubic
Yard;
SERVICES:
_($
MATERIALS:
_($
TOTAL:
_($
3. 11,300 C.Y. Roadway Embankment (fill sections), per
Cubic Yard;
SERVICES: _($
)$
MATERIALS: _($
)$
TOTAL: _($
)$
1
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BID PROPOSAL
BID
FOR UNIT PRICE CONTRACTS
j
Item
Quantities
Per
Total
r
No.
---------------------------------------------------------------------------------
& Units
Description of Item & Unit Prices
Unit
Amount
4.
27,823 S.Y.
Flexible Base (Caliche), 9" compacted,
per
Square Yard;
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SERVICES:
($
)$
MATERIALS:
($
)$
TOTAL:
i,
r.
E,
5.
27,823 S.Y.
Prime Coat, per Square Yard;
SERVICES:
r
'!
MATERIALS:
TOTAL:
!($
)$
6.
26,085 S.Y.
Hot Mix Aspaltic Concrete Surface,
1 1/2" compacted, per Square Yard
;
SERVICES:
r-
MATERIALS:
TOTAL:
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2
a
BID PROPOSAL
BID FOR UNIT PRICE CONTRACTS
Item Quantities Per Total
No. & Units Description of Item & Unit Prices Unit Amount
---------------------------------------------------------------------------------
7. 84 L.F. Reinforced Concrete Pipe Culvert at Station
13+52 (Two (2) pipes per Linear Foot), including
excavation, bedding, backfilling, compaction,
furnish and install pipes and end section
treatment, per Linear Foot.
SERVICES:
($
)$
MATERIALS:
)$
_($
TOTAL:
_($
)$
8. 67 L.F. Reinforced Concrete Pipe Culvert at Station
25+75 (One (1) pipe per Linear Foot), including
excavation, bedding, backfilling, compaction,
furnish and install pipes and end section
treatment, per Linear Foot.
SERVICES: _($ )$
MATERIALS: ($ )$
TOTAL: _($ )$
9. 255 S.Y. Concrete Riprap, per Square Yard;
SERVICES:
MATERIALS:
TOTAL:
3
BID PROPOSAL
BID FOR UNIT PRICE CONTRACTS
Item
Quantities
Per
Total
No.
---------------------------------------------------------------------------------
& Units
Description of Item & Unit
Prices Unit
Amount
10.
10 Each
Aluminum Signs (Type "A"),
including
materials and instalation:
a) One (1) Stop
Sign;
b) Six (6) Speed Limit Signs;
c) Three (3) Slow
Curve Signs; for a total of
ten (10) signs,
per Each;
SERVICES:
($
)$
MATERIALS:
($
)$
TOTAL:
($
)$
11.
7,825 L.F.
Preformed Pavement Marking,
dashed
Yellow at centerline of roadway,
per Linear
Foot;
SERVICES:
($
)$
MATERIALS:
($
)$
TOTAL:
($
)$
12.
15,650 L.F.
Preformed Pavement Marking,
continuous
White on both sides of the
roadway, per
Linear Foot;
SERVICES:
)$
_($
MATERIALS:
)$
,($
TOTAL:
($
)$
4
BID PROPOSAL
BID FOR UNIT PRICE CONTRACTS
Item Quantities Per Total
No. & Units Description of Item & Unit Prices Unit Amount
---------------------------------------------------------------------------------
13. 800 L.F. Reinforced Silt Fence
Linear Foot;
SERVICES:
)$
_($
MATERIALS:
)$
_($
TOTAL:
($
)$
14. Lump Sum Cleaning Up, per Lump Sum;
SERVICES:
)$
—($
MATERIALS:
)$
i($
TOTAL:
i($
)$
TOTAL BID (Items 1 through 14)
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CITY OF LUBBOCK
SPECIFICATIONS
for
TITLE: PUBLIC ACCESS ROADWAY
LAKE ALAN HENRY
ADDRESS: JUSTICEBURG, GARZA COUNTY, TEXAS
BID NUMBER: 12339
PROJECT NUMBER: 2123-555190-9872
CONTRACT PREPARED BY: Purchasing Department
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1.
2.
3.
4.
5.
6.
7.
8.
9.
10.
11.
12.
INDEX
PAGE
NOTICETO BIDDERS..........................................................................................3
GENERAL INSTRUCTIONS TO BIDDERS.........................................................................5
BID PROPOSAL -. BID FOR UNIT PRICE CONTRACTS .............................. ..........................10
PAYMENTBOND..............................................................................................14
PERFORMANCEBOND..........................................................................................17
CERTIFICATE OF INSURANCE........................................................ .....................20
CONTRACT......................................................................... ..... ..............22
GENERALCONDITIONS OF THE AGREEMENT.......................................................................24
CURRENT WAGE DETERMINATIONS......... ...............................................................42
SPECIFICATIONS... ... o .................. oo..00.00 .......... 0.000.0.000.0oo ................ 0.0.000 ... o ... oo.43
SPECIALCONDITIONS ................... .........................0..0.00.............0.0............. .44
NOTICEOF ACCEPTANCE................................................................0.0...................45
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7
NOTICE TO BIDDERS
THIS PAGE LEFT BLANK INTENTIONALLY
NOTICE TO BIDDERS
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j I BID i 12339
Sealed proposals addressed to Ron Shuffield, Buyer, City of Lubbock, Texas, will be received at the
office of the Purchasing Manager, 1625 13th St., Room L-04, Lubbock, Texas, 79401, until 2:00 o'clock p.m.
on the Bth day of December. 1992. 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:
PUBLIC ACCESS ROADWAY - LAKE ALAN HENRY
After the expiration of the time and date above first written, said sealed proposals will be opened
by Ron Shuffield, Buyer, at his office and publicly read aloud.
It is the cote responsibility of the bidder to insure that his bid is actually in the office of
Purchasing Manager for the City of Lubbock, prior to the expiration of the date above first written.
The City of Lubbock will consider the bids on the 17th day of December, 1992, at Municipal Bldg.,
r, Lubbock, Texas, or as soon thereafter as may be reasonably convenient, subject to the right to reject any or
all bids and waive any formalities. The successful bidder will be required to furnish a performance bond
and payment bond in accordance with Article 5160, Vernon's Arm. Civil St., in the amount of 100% of the
total contract price in the event that said contract price exceeds $25,000.00. Said statutory bonds should
be issued by a company carrying a current 11sl gating of @ or superior, as the rating of the bond company is
! a factor that will be considered in determination of the lowest responsible bidder. If the contract price
does not exceed $25,000.00 the said statutory bonds will not be required.
Bidders 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 bid submitted as a guarantee that bidder will enter into a contract and
execute all necessary bonds (if required) within 10 days after notice of award of the contract to him.
It shall be each bidders 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 bid submitted.
The plans, specifications, proposal forms and contract documents may be examined at the office of
the Purchasing Manager for the City of Lubbock, Texas.
Attention of each bidder is particularly called to the schedule of general prevailing rate of per
diem wages included in the contract documents on file in the office of the Purchasing Manager of the City of
Lubbock, which document is specifically referred to in this notice to bidders. Each bidder's attention is
further directed to provision of Article 5159a, Vernon's Am. Civil St., 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.
7
The City of Lubbock hereby notifies ail bidders that in regard to any contract entered into pursuant
to this advertisement, minority and women business enterprises will be afforded equal opportunities to
submit bids in response to this invitation and will not be discriminated against on the grounds of race,
color, sex, disiability, or national origin in consideration for an award.
There will be a pre -bid conference on 2nd day of December. 1992, at 10:00 o'clock a.m., Training
Center Conference Room #L01, Municipal Building, 1625 13th Street.
CITY OF LUBBOCK
BY: Ron ShufffeLd
BUYER
ADVERTISEMENT FOR BIDS
BID 9 12339
Sealed proposals addressed to Ron Shuffield, Buyer, City of Lubbock, Texas, will be received at the
office of the Purchasing Manager, Municipal Building, 1625 13th Street, Room L-04, Lubbock, Texas, 79401
until 2:00 o'clock p.m. on the Sth day of December. 1992. or as changed by the issuance of formal addenda to
ell planholders, to furnish all labor and materials and perform all work for the construction of the
following described project:
PUBLIC ACCESS ROADWAY - LAKE ALAN HENRY
r., After the expiration of the time and date above first written, said sealed proposals will be opened
by Ron Shuffield, Buyer at his office and publicly read aloud.
The plans, specifications, proposal forms and contract documents may be examined at the office of
the Purchasing Manager for the City of Lubbock, Texas.
Attention of each bidder is particularly called to the Schedule of General Prevailing Rate of Per
Diem Wages included in the contract documents on file in the office of the Purchasing Manager of the City of
Lubbock, Texas. Each bidder's attention is further directed to the provisions of Article 5159a, Vernon's
Ann. Civil St., and the requirements contained therein concerning such wage scales and payment by the
contractor of the prevailing rates of wages as heretofore established by the City of Lubbock.
The City of Lubbock hereby notifies all bidders that in regard to any contract entered into pursuant
to this advertisement, minority and women business enterprises will be afforded equal opportunities to
submit bids 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.
.. There will be a prebid conference on 2nd day of December. 1992, at 10:00 a'clock a.m., Training
Center Conference Room L01, Municipal Building, 1625 13th Stree .
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BY: Ron Sh i'eld
P` BUYER
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F
GENERAL INSTRUCTIONS TO SIDDERS
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PENERAL INSTRUCTIONS 70 BIDDERS
1. SCOPE OF WORK
The work to be done under the contract documents shall consist of the following:
The construction of the public access roadway to Lake Alan Henry, in Justiceburg, Garza County, Texas.
The contractor shall furnish all labor, superintendence, machinery, equipment and all materials necessary to
complete this project in accordance with contract documents.
2. CONTRACT DOCUMENTS
All work covered by this contract shall be done in accordance with contract documents described in the Gen-
eral Conditions.
All bidders 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
r•. contemplated by said contract documents.
l 3. PLANS FOR USE BY BIDDERS
It is the intent of the City of Lubbock that all parties with an interest in submitting a bid on the project
covered by the contract documents be given a reasonable opportunity to examine the documents and prepare a
bid without charge of forfeiture of deposit. The contract documents, slay be examined without charge as
noted in the Notice to Bidders.
4. TIME AND ORDER FOR COMPLETION
The construction covered by the contract documents shall be fully completed within 180 (ONE HUNDREO EIGHTY)
calendar days from the date specified in the Notice to Proceed issued by the City of Lubbock to the
successful bidder.
The Contractor will be permitted to prosecute the work in the order of his own choosing, provided, however,
the City reserves the right to require the Contractor to submit a progress schedule of the work contemplated
by the contract documents. In the event the City requires a progress schedule to be submitted, and it is
determined by the City that the progress of the work is not in accordance with the progress schedule so sub-
mitted, the City may direct the Contractor to take such action as the City deems necessary to insure comple-
tion of the project within the time specified.
5. PAYMENT
All payments due to Contractor shall be made in accordance with the provisions of the General Conditions of
the contract documents.
6. 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
1 the improvements contemplated by the contract documents have been paid in full and that there are no claims
pending, of which the Contractor has been notified.
T. 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 pro- -,
tecting 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 provi-
sion. 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.
a. GUARANTEES
All equipment and materials incorporated in the project and all construction shall be guaranteed against de-
fective 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).
9. PLANS FOR THE CONTRACTOR
The contractor will be furnished one set of plans and specifications, and related contract documents for his
use during construction. Plans and specifications for use during construction will only be furnished di-
rectly to the Contractor. The Contractor shall then distribute copies of plans and specifications to sup-
pliers, subcontractors or others, as required for proper prosecution of the work contemplated by the Con-
tractor.
10. PROTECTION OF THE WORK
The Contractor shall be responsible for the care, preservation, conservation, and protection of all materi-
als, supplies, machinery, equipment, tools, apparatus, accessories, facilities, and all means of construc-
tion, 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 re-
serves the right, after the bids have been opened and before the contract has been awarded, to require of a
bidder the following information:
(8) The experience record of the bidder showing completed jobs of a similar nature to the one covered by
the proposed contract and all work in progress with bond amounts and percentage completed.
(b) A sworn statement of the current financial condition of the bidder.
(c) Equipment schedule.
11. TEXAS STATE SALES TAX
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.
The Contractor must obtain a limited sales, excise and use tax permit which shall enable him to buy the ma-
terials to be incorporated into the work without paying the tax at the time of purchase.
.6-
12. 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 night or could be damaged by Contractor during the construc-
tion of the project contemplated by these contract documents. The City of lubba:k agrees that it will fur-
nish Contractor the location of all such underground lines and utilities of which it has knowledge. How-
ever, such fact shall not relieve the Contractor of his responsibilities aforanentioned. All such under-
ground lines or structures cut or damaged by Contractor during the prosecution of the work contemplated by
this contract shalt be repaired immediately by Contractor to the satisfaction of the City of Lubbock, Texas,
at Contractor's expense.
13. BARRICADES AND SAFETY MEASURES
The contractor shall, at his own expense, furnish and erect such barricades, fences, lights and danger sig-
nals, 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 re-
placed by Contractor at his own cost and expense. The Contractor's responsibility for maintenance of barri-
cades, signs, and lights shall not cease until the date of issuance to Contractor of City's certificate of
acceptance of the project.
14. EXPLOSIVES
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 nay occur as a direct or indirect result of the blast-
ing. 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.
Explosive materials shalt not be stored or kept at the construction site by the Contractor.
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 dean
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.
15. CONTRACTOR'S REPRESENTATIVE
The successful bidder shall be required to have a responsible local representative available at all times
r while the work is in progress under this contract. The successful bidder shall be required to furnish the
name, address and telephone number where such local representative may be reached during the time that the
work contemplated by this contract is in progress.
16. 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 shalt be furnished to the City and written
4 .
-7-
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 subroga-
tion.
The insurance certificates furnished shalt name the City as an additional insured and shall further state
that sit subcontractors are named as additional insureds, 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.
17. LABOR AND WORKING HOURS
Attention of each bidder is particularly called to the schedule of general prevailing rate of per diem wages
included in these contract documents. The wage rate which ant 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
bidders' attention is further directed to the requirements of Article 5159a, Vernon's Annotated Civil
Statutes providing for the payment of the wage schedules above mentioned and the bidder's obligations there-
under. The inclusion of the schedule of general prevailing rate of per diem wages in these contract docu-
ments does not release the Contractor from compliance with any wage law that may be applicable. Construc-
tion work under this contract requiring an inspector will not be performed on weekends or holidays unless
the following conditions exist:
(1) The project being constructed is essential to the City of Lubbock's ability to provide the necessary
service to its citizens.
(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.
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.
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.
18. 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 deduc-
tions (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.
-8-
r
F
7,
19.
20.
21.
The Contractor shall forfeit as a penalty to the City of Lubbock on whose behalf this contract is made, ten
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 ESCALATOR CLAUSES
Proposals submitted containing any conditions which provide for changes in the stated bid price due to in-
creases or decreases in the cost of materials, labor or other items required for the project will be re-
jected end returned to the bidder without being considered.
PREPARATION FOR PROPOSAL
The bidder shall submit his proposal on forms furnished by the City. All blank spaces in the form shall be
correctly filled in and the bidder shall state the price both in words and numerals, for which he proposes
to do the work contemplated or furnish the materials required. Such prices shall be written in ink, dis-
tinctly 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. If the proposal is submitted by an indi-
vidual, 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 authorised. If the proposal is submitted by
a company or corporation, the company or corporate name and business address must be given, and the proposal
signed by an official or duly authorized agent. Powers of attorney authorizing agents or others to sign
proposals must be properly certified and must be in writing and submitted with the proposal. The proposal
shall be executed in ink.
Each proposal shall be enclosed in a sealed envelope, addressed as specified in the Notice to Bidders, and
endorsed on the outside of the envelope in the following manner:
(a) Bidder's name
(b) Proposal for (description of the project).
Bid proposals may be withdrawn and resubmitted at any time prior to the time set for opening of the bids,
but no proposal may be withdrawn or altered thereafter.
BOUND COPY OF CONTRACT DOCUMENTS
Bidder understands and agrees that the contract to be executed by bidder shall be bound and include the fol-
lowing:
(a) Notice to Bidders.
(b) General Instructions to Bidders.
(c) Bidder's Proposal.
(d) Statutory Bond (if required).
(e) Contract Agreement.
(f) General Conditions.
(g) Special Conditions (if any).
(h) Specifications.
(i) insurance Certificates.
(j) All other documents made available to bidder for his inspection in accordance with the Notice to
Bidders.
If Plans and Specifications are too bulky or cumbersome to be physically band, they are to be considered
Incorporated by reference into the aforementioned contract documents.
-9-
THIS PAGE LEFT BLANK INTENTIONALLY
BID PROPOSAL
.10-
THIS PAGE LEFT BLANK INTENTIONALLY
BID PROPOSAL
BID FOR UNIT PRICE CONTRACTS
PLACE `40(lOt//\
DATE /Z — I — 7 2-
PROJECT NO. /Z 33 9
Proposal of kILLIM5 t Pmrs ( 061-9acT1pM (hereinafter called.Bi"04 1
f
To the Honorable Mayor and City Council City of Lubbock, Texas (hereinafter called Owner)
Gentlemen:
The Bidder, in compliance with your invitation for bids for the construction of a
having carefully examined the plans, specifications, instructions to bidders, notice to bidders and all other re-
lated contract documents and the site of the proposed work, and being familiar with all of the conditions surround-
ing the construction of the proposed project including the availability of materials and labor, hereby proposes to
furnish all labor, materials, and supplies; and to construct the project in accordance with the plans, specifica-
tions and contract documents, within the time set forth therein and at the price stated in Exhibit W.
The Bidder binds himself on acceptance of his proposal to execute a contract and any required bonds, according to
the accompanying forms, for performing and completing the said work within the time stated and for the prices stated
In Exhibit "A" of this proposal.
Bidder hereby agrees to commence the work on the above project on or before a date to be specified in a written
"Wotice to Proceed" of the Owner and to fully complete the project within 180 (ONE HUNDRED EIGHTY) consecutive cal-
endar days thereafter as stipulated in the specifications and other contract documents. Bidder hereby further
agrees to pay to Owner as liquidated damages the sum of S100.00 (One Hundred dollars) for each consecutive calendar
day in excess of the time set forth hereinabove for completion of this project, all as more fully set forth in the
general conditions of the contract documents.
Bidder understands and agrees that this bid proposal shall be completed and submitted in accordance with instruction
number 20 of the General Instructions to Bidders.
Bidder understands that the Owner reserves the right to reject any or all bids and to waive any formality in the
bidding.
The Bidder agrees that this bid shall be good and may not be withdrawn for a period of thirty (30) calendar days
after the scheduled closing time for receiving bids.
The undersigned Bidder hereby declares that he has visited the site of the work and has carefully examined the
plans, specifications and contract documents pertaining to the work covered by this bid, and he further agrees to
commence work on or before the date specified in the written notice to proceed, and to substantially complete the
work on which he has bid; as provided in the contract documents.
-11-
—1
Enclosed with this proposal is a Cashiers Check or Certified Check for Dollars
(S �----- ) or a Proposal Bond in the sum of s/n Dollars (S_s7yn , which I
it is agreed shall be collected and retained by the Owner as liquidated damages in the event the proposal is
accepted by the Owner and the undersigned fails to execute the necessary contract documents and the required bond
(if any) with the Owner within ten (10) days after the date of receipt of written notification of acceptance of said —
proposal; otherwise, said check or bond shall be returned to the undersigned upon demand.
Bidder understands and agrees that the contract to be executed by Bidder shall be bound and include all contract
documents made available to him for his inspection in accordance with the Notice to Bidders.
I
wlu.i s rns I Pc1z-e5 WsTnt CT)ol) CD rUC
l Contractor
1 'ARE SI E tJ
',(Seal if Bidder is a Corporation)
ATTEST:
Ir
r--
cretary
-12-
7 .
RVI
FIDELITY AND GUARANTY I NCE UNDERWRITERS, INC.
-
9II&More, r land,
am
(A Stock Company)
BID BOND
BOND NUMBER ......................................
KNOW ALL MEN BY THESE PRESENTS:
THAT ..Wi.1liams..& Peters Cqnstruct.ion.pqpp�.Ln y
......................... ..........................................
.................................................... ...... Of P...O... Box. 39JQ7.,..Lubbock,..Texas ..... 79.452
........................................................................ . as Principal, and the other undersigned.
as Surety, are held and firmly bound unto ............. Garza ..........................................
........ ......
........................................................................................................................
��..of Amount Bid
as Obligee, in the full and just sum of ...... ...................................................................
............................................................................................................... Dollars,
lawful money of the United States, for the payment of which sum, well and truly to be made, we bind ourselves,
our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents.
WHEREAS, the said Principal is herewith submitting its proposal
Airport Improvements
THE CONDITION OF THIS OBLIGATION is such that if the aforesaid Principal shall be awarded the
contract the said Principal will, within the time required, enter into a formal contract and give a good and
sufficient bond to secure the performance of the terms and conditions of the contract, then this obligation to
be void; otherwise the Principal and Surety will pay unto the Obligee the difference in money between the
amount of the bid of the said Principal and the amount for which the Obligee legally contracts with another
party to perform the work if the latter amount be in excess of the former, but in no event shall liability hereunder
exceed the penal sum hereof.
Signed, sealed and delivered. December-8 19 92
(Date)
........................................... *......... (SEAL)
.. ....................................................::'(SEAL)
I NO GUARANTY INSURANCE UNDERWRITERS,
............................ ........................ FI;ELP r a,ohio Corporation) INC.C*
0.
.......................... .. UV9
............. .... .. .......... Attorney -in -fact **** ****''**
J Linda Attaway
!M-IT17.-E1-711�-21-tz;Y'I il IAID1,,
Contract 500 (9-84)
NO. FG 146
1
1 - '
KNOW ALL MEN BY THESE PRESENTS:
That FIDELITY AND GUARANTY INSURANCE UNDERWRITERS, INC., a corporation organized and existing
under the laws of the State of Ohio, and having its principal office at 100 Light Street, Baltimore, Maryland 21203, does
hereby constitute and appoint Evelyn Warwick, Tim Sampson, Linda Attaway and Alan Henry
t _.
of the City of Lubbock State of Texas
its true and lawful Attorney -in -Fact, with power and authority to sign its name as surety to, and to execute, seal, acknowledge
and deliver any and all bonds, undertakings, recognizances or other written obligations in the nature thereof; and the said
FIDELITY AND GUARANTY INSURANCE UNDERWRITERS, INC. hereby ratifies and confirms all of the acts of said
Attorney -in -fact, pursuant to these premises.
This appointment is made under and b authority of a by-law of the said FIDELITY AND GUARANTY INSURANCE "
Y Y Y -
UNDERWRITERS, INC., a certified copy of which is hereto annexed and made a part of this Power of Attorney.
IN WITNESS WHEREOF, the said FIDELITY AND GUARANTY INSURANCE UNDERWRITERS, INC. has
caused this instrument to be scaled with its corporate seal, duly attested by the signatures of its Vice -President and Assistant
Secretary, this 8th day of December , 1989
VW,f.. FIDELITY AND GUARANTY INSURANCE
UNDERWRITERS, INC.
(Signed) er ....... William F. Spliedt............ ... . ... . .... .
y J� e7
y ue-Presidenr.
j ,-
l ; 1 \
(Signed) Hupfer
Assn ml Secretary.
rhUlllt11111111
STATE OF MARYLAND )
BALTIMORE CITY ) ss.
On this 8th day of December ,.19 89 , before me personally came
t William F. Spliedt Vice President of FIDELITY AND GUARANTY
I INSURANCE UNDERWRITERS, INC. and L. L. Hupfer , Assistant
Secretary of said Corporation, with both of whom I am personally acquainted, who being by me severally sworn, said that
they, the said William F. Spliedt ; and L. L. Hupfer
were respectively the Vice President and Assistant Secretary of the said FIDELITY AND GUARANTY INSURANCE
UNDERWRITERS, INC., the corporation described in and which executed the foregoing Power of Attorney; that they each
knew the seal of said corporation; that the seal affixed to said Power of Attorney was such corporate seal; that it was so
affixed by authority of the by-laws of said corporation; and that they signed their names hereto by like authority as Vice
President and Assistant Secretary, respectively, of the Corporation.
My Commission expires the first day of July, 1990
(SEAL) (Signed) - Marttaret M. Hurst
,NOTARY PUBLIC
r
4 FS 91 (9-84)
No Text
BID PROPOSAL
BID FOR UNIT PRICE CONTRACTS
Item Quantities Per Total
r" No. & Units Description of Item & Unit Prices Unit Amount
i---------------------------------------------------------------------------------
0-
1. 78.25 STA Clearing and Grubbing, per 100-Foot Station;
/ i/
MATERIALS: ($ / 60
2. 11,900 C.Y.
Roadway Excavation, including excavation and
compaction of roadway side ditches,
per Cubic
Yard;
SERVICES:
Jlwv44��dAl"I'te
($ 3.00
)$4ZQO,
MATERIALS:
($ _"'".'
)$ 0,00
TOTAL:
($3.00
)$s3570�
3. 11,300 C.Y.
Roadway Embankment (fill sections),
per
Cubic Yard;
MATERIALS:lL_il� . �
i
.. 1
r
BID PROPOSAL
BID FOR UNIT PRICE CONTRACTS
Item Quantities Per Total
No. & Units Description of Item & Unit Prices Unit Amount
---------------------------------------------------------------------------------
4. 27,823 S.Y. Flexible Base (Caliche), 9" compacted, per
Square Yard;
•
5. 27,823 S.Y. Prime Coat, per Square Yard;
SERVICES: S ,
.ZJr ¢ ) S. lo. 955 i
MATERIALS: ------ (S .,ZJ�- )S (off
TOTAL: L'z ____. ( $ • 50 ) s13�9%l,
6. 26,085 S.Y. Hot Mix Aspaltic Concrete Surface,
1 1/2" compacted, per Square Yard ;
SERVICES: i fv — 1(S I5� )S ,94
MATERIALS: -63c2 (S Z. 3/ )Slo2
TOTAL: ($ 3.85 )S/M42
PM
BID PROPOSAL
BID FOR UNIT PRICE CONTRACTS
Item quantities Per Total
No. & Units Description of Item & Unit Prices Unit Amount
---------------------------------------------------------------------------------
7. 84 L.F. Reinforced Concrete Pipe Culvert at Station
13+52 (Two (2) pipes per Linear Foot), including
excavation, bedding, backfilling, compaction,
furnish and install pipes and end section
treatment, per Linear Foot.
8. 67 L.F. Reinforced Concrete Pipe Culvert at Station
25+75 (One (1) pipe per Linear Foot), including
excavation, bedding, backfilling, compaction,
furnish and install pipes and end section
treatment, per Linear Foot.
SERVICES: 6-0 WW.75�
MATERIALS:j r
_� / , •
9. 255 S.Y. Concrete Riprap, per Square Yard;
SERVICES: J&f�
/ Ii
)/
BID PROPOSAL
BID FOR UNIT PRICE CONTRACTS
Item Quantities Per Total
No. & Units Description of Item & Unit Prices Unit Amount
---------------------------------------------------------------------------------
10. 10 Each Aluminum Signs (Type "A"), including
materials and instalation: a) One (1) Stop Sign;
b) Six (6) Speed Limit Signs; c) Three (3) Slow
Curve Signs; for a total of ten (10) signs,
per Each;
MATERIALS: /s 225, 00 s Z2,0-�,
11. 7,825 L.F. Preformed Pavement Marking, dashed
Yellow at centerline of roadway, per Linear Foot;
SERVICES: �'2 �� ($ )$ 72 .
MATERIALS:ii
TOTAL:
12. 15,650 L.F. Preformed Pavement Marking, continuous
White on both sides of the roadway, per
Linear Foot;
SERVICES: ($_)$ 3 ,
MAT ERIALS:�'h, --- ($.�� )S
TOTAL: —�1�.�r a- ($ . �D ¢ ) $ `
4
BID PROPOSAL
BID FOR UNIT PRICE CONTRACTS
Item Quantities Per Total
No. & Units Description of Item & Unit Prices Unit Amount
---------------------------------------------------------------------------------
13. 800 L.F. Reinforced Silt Fence
i
Linear Foot;
r" SERVICES: & ����ih0 �' ---- ( $ •DO ) $
MATERIALS:A,e (,VIA akz'n���, _' (g , DO )$ O. Ot
TOTAL:, ub d4&, , llia"&1,6 ($ 2.00 )$4u•�
14. Lump Sum Cleaning Up, per Lump Sum;
TOTAL BID (Items 1 through 14) $�9�j
7
,, 5
LIST OF VACONTRACTORS
This form shall be comaleted and submitted with the Bidder's Proposal.
Ninorlty Owned
Yes No
-13
THIS PAGE LEFT BLANK INTENTIONALLY
PAYMENT BOND
THIS PAGE LEFT BLANK INTENTIONALLY
r
I r"
0
1
STATUTORY PAYMENT BOND PURSUANT TO ARTICLE 5160
OF THE REVISED CIVIL STATUTES OF TEXAS
AS AMENDED BY
ACTS OF THE 56TK LEGISLATURE, REGULAR SESSION, r^
1959
KNOW ALL MEN BY THESE PRESENTS, that W "Aer4efnafter.,ailed the PrincipaC2s), as 1 1
Pr i nc i l s end jUJA4 IOA &A"
(hereinafter called the Surety(s), as urety(R. or he d nd fi unto the City of L9ubpock (hereinafter
celled the Obligee), in the amount o o ds(L�1lawful sroney of
the United States for the payment whereoA.Ze said Prin pal an re emselves, and their heirs; adminis-
trators, executors, successors and assigns, jointly and severally, firmly by these presents.
4te=
,the Principal has entered into a certain written contract with the Obligee, dated the J2�&y of
, 1992, to
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 ard`to the
some extent as if copied at length herein. o
NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the said Principal shall�ppyjal,l,ClsTmants
OM supplying labor and material to him or a sub -contractor in the prosecution of the work provided"#or,,Jp,talc con-
tract, 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 Article 5160 of,the Revised
Civil Statutes of Texas as amended by Acts of the 56th Legislature, Regular Session, 1959, and all liabilities an
` 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.
el' BOND CHECK
BEST RAYING
LICENSED IN TEXAS
OATEN +s 81f?�-
r
e
6
r"
-15-
�l1� IN WiTNES THEREOF, he said Principal (s) and Surety (a) have signed and sealed this instrument this
v �� day of
surety
Principal 1l{11,(i/4R:5 OWS C-UG-MC/ VA) 6j) j _✓vk
ey ,VICE OESIMO -
(Title)
By:
(Title)
By:
(Title)
Tfle under igned urety c y r re��sQQ��ts that it is duly qualified to do business in Texas, and hereby des-'
agnate U �en res VlWuub6ock County to whom any requisite notices may be delivered and
on whom service of prwcess may be had in natters arising out of such suretyship.
Itio
Surety
*By.
(Title)((]]
��_l1�►i �' ""mil
ApprovedN,R to form:
City of ck
By:
City Attorney
*Note: if signed by an officer of the Surety Company there ant 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.
YE
-16-
CERTIFIED COPY
GENERAL POWER OF ATTORNEY
NO. FG 146
KNOW ALL MEN BY THESE PRESENTS:
That FIDELITY AND GUARANTY INSURANCE UNDERWRITERS, INC., a corporation organized and existing
under the laws of the State of Ohio, and having its principal office at 100 Light Street, Baltimore, Maryland 21203, does
hereby constitute and appoint Evelyn Warwick, Tim Sampson, Linda Attaway and Alan Henry
of the City of Lubbock , State of Texas
its true and lawful Attorney -in -Fact, with power and authority to sign its name as surety to, and to execute, seal, acknowledge
and deliver any and all bonds, undertakings, recognizances or other written obligations in the nature thereof; and the said
FIDELITY AND GUARANTY INSURANCE UNDERWRITERS, INC. hereby ratifies and confirms all of the acts of said
Attorney -in -fact, pursuant to these premises.
This appointment is made under and by authority of a by-law of the said FIDELITY ANI) GUARANTY INSURANCE
UNDERWRITERS, INC., a certified copy of which is hereto annexed and made a part of this Power of Attorney.
IN WITNESS WHEREOF, the said FIDELITY AND GUARANTY INSURANCE UNDERWRITERS, INC. has
caused this instrument to be sealed with its corporate seal, duly attested by the signatures of its Vice -President and Assistant
Secretary, this 8th day of December , 1989 -
FIDELITY AND GUARANTY INSURANCE
r UNDERWRITERS, INC.
` (Signed) By ... , ... William F. Spliedt
..........................
Vice -President.
- =v
,- '.,SEAL) (Signed) ... .... L. L. Hupfer............. :.....................
Assistant Secretary.
r STATE OF MARYLAND ) ,
BALTIMORE CITY ) ss.
On this 8th day of December 19 89 , before me personally came
•. William F. Spliedt , Vice President of FIDELITY AND GUARANTY
INSURANCE UNDERWRITERS, INC. and L. L. Hupfer , Assistant
Secretary of said Corporation, with both of whom I am personally acquainted, who being by me severally sworn, said that
they, the said 'William F. Spliedt , and L. L. Hupfer
were respectively the Vice President and Assistant Secretary of the said FIDELITY AND GUARANTY INSURANCE
UNDERWRITERS, INC., the corporation described in and which executed the foregoing Power of Attorney; that they each
r. knew the seal of said corporation; that the seal affixed to said Power of Attorney was such corporate seal; that it was so
affixed by authority of the by-laws of said corporation; and that they signed their names hereto by like authority as Vice
President and Assistant Secretary, respectively, of the Corporation.
My Commission expires the first day of July, 19 90
'— (SEAL)
Fs 81 (9-84)
(Signed) Margaret M. Hurst
NOTARY PUBLIC
Copy of By -Law
"Article VI, Section 7 - Execution of Instruments.
The Chairman of the Board, the President, any Executive Vice President, any
Vice President, including the Financial Vice President, or any Assistant Vice
President, in conjunction with the Secretary or an Assistant Secretary, shall have
power on behalf of the Company:
(a) to execute, acknowledge, verify and deliver all contracts, obligations, in-
struments and documents whatsoever in connection with its business, including,
without limiting the foregoing, any and all bonds, guarantees, undertakings,
recognizances, stipulations, policies of insurance, deeds, leases, mortgages, re-
leases, satisfactions and agency agreements;
(b) to appoint one or more persons for any or all of the purposes mentioned in
the preceding paragraph (a), including affixing the seal of the Company."
I, Michael P. Hammond , an Assistant Secretary of
FIDELITY AND GUARANTY INSURANCE UNDERWRITERS, INC., do hereby certify that the foregoing is a full, true and
correct copy of the original power of attorney given by said Company to Evelyn Warwick, Tim Sampson,
Linda At: t;awa.y, and Alan Henry
of F' Lub4o k, Texas , authorizing and empowering them
to sign bonds as, therein set forth, which power of attorney has never been revoked and is still in full force and effect.
Add I -do further certify that said Power of Attorney was given in pursuance of a by-law of said Company, and that the
foregoing is, a true ancFeorrect copy of said by-law.
In Testirionx :Whereof, I have hereunto set my hand and the seal of FIDELITY AND GUARANTY INSURANCE UN-
DERWR{T1rR9 `INC. this 28th day of December , 1992.
P
. 0 4-( ..... - ..................
Assistant Secretary.
0
PERFORMANCE BOND
f
l
r
� •17-
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7
STATUTORY PERFORMANCE BOND PURSUANT TO ARTICLE 5160
OF THE REVISED CIVIL STATUTES OF TEXAS AS
AMENDED BY
ACTS OF THE 56TH LEGISLATURE, REGULAR SESSION 1959
KNOW ALI. MEN 8Y THES P SENTS, that��"" �(h-enferter ca ed t e.Prilxipal(s ,-as Prf�ipdi(sT; and
(hereinafter called the Surety(s), as S9 d dy�bour l unto the City of lxbbock,.(h0itnafter
r" called the Obligee), in the amount i ,' )oLt�e�r�s¢�(($ WA, tuwful ironey of the
United States for the payment whereof, the said Principe and Sure bi thertalreTv`es, and their heirs, adminietra-
tore, executors, successors and assigns, jointly and severally, firmly by these presents.
WHER AS, the Principal has entered into a certain written contract with the Obligee, dated the�� day y of
19 to
n A A-
A 'D n . _ � _I _ Un � 1/n � �n �i"h .� � n A�
r
l
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l
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 per-
form 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 Article 5160 of the Revised
Civil Statutes of Texas as amended by Acts of the 56th Legislature, regular session 1959, 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. l'0
N WITNE WHEREOF, the said Principal (a) and Surety (s) have signed and sealed this instrument this�rn
day of 19�
Surety , Princi
.By:
(Title) p ►/IC -���
OxAlwt,
tt —io't+ (Title)
BOND CHECK
BEST RATING
LICENSED IN TEXAS
DATES f' z BY �?
By:
(Title)
By:
(Title)
The under igned re,t�yc�omps represents that it is duly qualified to do business in Texas, and hereby
designate rrs8rti��County to whom any requisite notices may be delivered and on
whom service of proces may be had in matters arising out of such suretyship.
Surety ^
*Bye
(Title)
Approved as to Form
City o ubbock
By:
City At rney
*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.
-19-
No Text
No Text
No Text
THIS PAGE LEFT BLANK INTENTIONALLY
ATE 100/YY)
, 00 UMN't}2E
40 %'�ffi O�4 D (mm1. , t, _N C T1 10A1 '2 92
THIS CERTIFICATE IS ISSU_E"S A MATTER OF INFORMATION ONLY AND
PRODUCER
CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE
Alan Henry Insurance DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE
POLICIES BELOW.
P. O. Box 2399
Lubbock, Texas 79408-2399 COMPANIES AFFORDING COVERAGE
j COMPAN
LETTER Y A Aetna Casualty & Surety Ins. Co.
COPAN
LETTER 6Colonial Casualty Ins. Co.
INSURED
COM
Williams & Peters Const. Co., Inc. LETTER PANY C
i
P. 0. Box 5215
COM
Lubbock, Texas 79417 LETTERPANY D
COMPANY
E
LETTER
COVERAGES
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
CO POLICY EFFECTIVE; POLICY EXPIRATION
POLICY NUMBER LIMITS
LTR TYPE OF INSURANCE DATE (MMIOD/YY) i DATE (MMIDDfYY) I
GENERAL LIABILITY
GENERAL AGGREGATE s 2,000,000
A x COMMERCIAL GENERAL LIABILITY 071GL606012TCA 6-6-92
6-6-93
PRODUCTS-COMP/OP AGO. is 2,WO,000
CLAIMS MADE x i OCCUFO I
PERSONAL 9 . ADV. INJURY 1 $ 1,000,000
OWNER'S 9 CONTRACTOR'S PROT;
I
EACH OCCURRENCE 8 11OW1000
FIRE DAMAGE (Any one Ilre) S 50,000
MED. EXPENSE (Any one person 11 5,000
AUTOMOBILE LIABILITY
I
f
j
COMBINED SINGLE
$ 11000,000
X , ANY AUTO
I
LIMIT
A
071FJ1037601TCM 6-6-92
6-6-93
ALL OWNED AUTOS
BODILY INJURY
SCHEDULED AUTOS
II I(Pei
person)
% HIRED AUTOS
M
BODILY INJURY
X NON -OWNED AUTOS
(Per accIdent)
GARAGE LIABILITY
PROPERTY DAMAGE
EXCESS LIABILITY
EACH OCCURRENCE
5, OW, OW
A X UMBRELLA FORM
071XS022599305 6-6-92
6-6-93
AGGREGATE
OTHER THAN UMBRELLA FORM
STATUTORY LIMITS
WORKER'S COMPENSATION
13
WC920274 9-1-92
9-1-93
EACH ACCIDENT
5001 ow
AND
DISEASE —POLICY LIMIT
$ 500, WO
EMPLOYERS' LIABILITY
DISEASE —EACH EMPLOYEES
S 5M 00,(
OTHER
DESCRIPTION OF OPERATIONSILOCATIONSfVEHICLESISPECIAL ITEMS
Public Access Roadway Lake Alan Henry Project
4, , J.;; I
CERTIFICATE HOLDER e
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE
,City of Lubbock EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO
P. 0. Box 2000 MAIL 10 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE
Lubbock, Texas 79457 LEFT, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR
LIABILITY OF ANY KIND UPON THE COMPANY, ITS AGENTS OR REPRESENTATIVES.
AUTHORIZED REP"ENTATIVE
X-A
AcoFID is-9 (*196)
CERTIFIED COPY
No Text
N
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Pm
7
fPM
r.,
CONTRACT
STATE OF TEXAS
COUNTY OF LUBBOCK
THIS AGREEMENT, made and entered into this 17th day of December, 1992, by and between the City of Lubbock,
County of Lubbock, State of Texas, acting by and through David R. Langston, Mayor, thereunto authorized to do so,
hereinafter referred to as OWNER, and WILLIAMS & PETERS CONSTRUCTION CO.. INC, of the City of LUBBOCK, County of
LUBBOCK and 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 CON-
TRACTOR hereby agrees with OWNER to commence and complete the construction of certain improvements described as fol-
lows:
BID # 12339 - PUBLIC ACCESS ROADWAY - LAKE ALAN HENRY PROJECT IN THE AMOUNT OF $433,729.45.
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.
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
Texas in the year and day first above written.
ATTEST:
ATTES
Cc r rate OC
retary
WILLIAMS & PETERS CONSTRUCTION
CO.. INC.
CONTRACTAIR
By:
TITLE: VICC 16��)TEXJ
COMPLETE ADDRESS:
P.O. BOX 3907
LUBBOCK, TX 79452
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GENERAL CONDITIONS OF THE AGREEMENT
R
L '
L
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GENERAL CONDITIONS OF THE AGREEMENT
I. OWNER
Whenever the word Owner, or the expression Party of the First Part, or First Party, are used in this con-
tract, it shall be understood as referring to the City of Lubbock, Texas.
2. CONTRACTOR
l Whenever the word Contractor, or the expression Party of the Second Part, or Second Party, is used, it shall
be understood to mean the person, persons, copartnership or corporation, to -wit: WILLIAMS i PETERS
CONSTRUCTION CO.. INC., who has agreed to perform the work embraced in this contract, or to his or their
Legal representative.
3. OWNER'S REPRESENTATIVE
Whenever the word Owner's Representative or representative is used in this contract, it shall be understood
as referring to DAN A. HAWKINS, DIRECTOR OF WATER UTILITIES, City of Lubbock, under whose supervision these
contract documents, including the plans and specifications, were prepared, and who will inspect construc-
tions; or to such other representative, supervisor, or inspector as may be authorized by said Owner to act
in any particular under this agreement. Engineers, supervisor or inspectors will act for the Owner under
the direction of Owner's Representative, but shall not directly supervise the Contractor or men acting in
behalf of the Contractor.
4. CONTRACT DOCUMENTS
The contract documents shall consist of the Notice to Bidders, General Instructions to Bidders, Proposal,
Signed Agreement, Statutory Bonds (if required), General Conditions of the Agreement, Special Conditions of
the Agreement (if any), Specifications, Plans, Insurance Certificate, and all other documents made available
to Bidder for his inspection in accordance with the Notice to Bidders.
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.
Whenever in the Specifications or drawings accompanying this agreement, the terms of description of various
qualities relative to finish, workmanship, or other qualities of similar kind which cannot, from their na-
ture, be specifically and clearly described and specified, but are necessarily described in general terms,
the fulfillment of which must depend on individual judgment, then, in all such cases, any question of the
fulfillment of said Specifications shall be decided by the Owner's Representative, and said work shall be
done in accordance with his interpretations of the meaning of the words, terms, or clauses defining the
character of the work.
6. SUBCONTRACTOR
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 re-
rsponsibility to any Subcontractor employed,by Contractor for performance of work on the project contemplated
-25.
by these contract documents, but said Subcontractors will look exclusively to Contractor for any payments
due Subcontractor.
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 him who gives the notice.
B. WORK
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 docu-
ments. 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.
9. SUBSTANTIALLY COMPLETED
The term "Substantially Completed" is meant that the structure or project contemplated by the contract docu-
ments has been made suitable for use or occupancy or the facility is in a condition to serve its intended
purpose, but still may require minor miscellaneous work and adjustment.
10. LAYOUT
Except as specifically provided herein, the Contractor shall be responsible for laying out all work and
shall accomplish this work in a manner acceptable to the Owner's Representative. The Owner's Representative
will check the Contractor's layout of all major structures and any other layout work done by the Contractor
at Contractors request, but this check does not relieve the Contractor of the responsibility of correctly
locating all work in accordance with the Plans and Specifications.
11. KEEPING OF PLANS AND SPECIFICATIONS ACCESSIBLE
The Contractor shall be furnished with one copies of all Plans, Profiles and Specifications without expense
to him and he shall keep one copy of same consistently accessible on the job site.
12. RIGHT OF ENTRY
The Owner's Representative may make periodic visits to the site to observe the progress of quality of the
executed work and to determine, in general, if the work is proceeding in accordance with the contract docu-
ments. He will not be required to make exhaustive or continuous on -site inspections to check the quality or
quantity of the work, nor will he be responsible for the construction means, methods, techniques, sequences
or procedures, or the safety precautions incident thereto. His efforts will be directed towards providing
assurances for the Owner that the completed project will conform to the requirements of the contract docu-
ments, but he will not be responsible for the Contractor's failure to perform the work in accordance with
the Contract Documents. on the basis of his on -site observations, he will keep the owner informed of the
progress of the work and will endeavor to guard the owner against defects and deficiencies in the work of
the Contractor.
.26-
13. LINES AND GRADES
All lines and grades shall be furnished by the Owner's Representative whenever necessary for the commence-
ment of the work contemplated by these contract documents or the completion of the work conteaplated by
these contract documents. Whenever necessary, Contractor shall suspend his work in order to permit owner's
Representative to comply with this requirement, but such suspension will be as brief as practical and Con-
tractor shall be allowed no extra compensation therefore. The Contractor shall give the Owner's Repre-
sentative 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 him,
his Subcontractors, or his employees, such stakes, marks, etc., shall be replaced by the owner's Representa-
tive at Contractor's expense.
14. OWNER'S REPRESENTATIVE'S AUTHORITY AND DUTY
r. Unless otherwise specified, it is mutually agreed between the parties to this Agreement that the owner's
Representative shall review all work included herein. He has the authority to stop the work whenever such
stoppage may be necessary to insure the proper execution of the contract. In order to permit delays and
disputes and to discourage litigation, it is further agreed that 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 this
contract. He shall determine all questions in relation to said work and the construction thereof, and
shall, in all cases, decide every question which may arise relative to the execution of this contract on the
�.. part of said Contractor. The Owner's Representative's estimates and findings shall be conditions precedent
to the right of the parties hereto to to the right of the parties hereto to arbitration or to any action o
Contractor to receive any mosey under this contract; provided, however, that should Owner's Representative
render any decision or give any direction, which in the opinion of either party hereto, is not in accordance
r� with the means and intent of this contract either party may file with said Owner's Representative within
4 meaning . Pa Y Y eP
30 days his written objection to the decision or direction so rendered, and by such action may reserve the
right to submit the questions so raised to arbitration as hereinafter provided. It is the intent of this
�+ Agreement that there shall be no delay in the execution of the work, therefore, written decisions or
direc-tion of the Owner's Representative as rendered shall be promptly carried out, and any claim arising there-
4 i
from shall be thereafter adjusted to arbitration as hereinafter provided.
The Owner's Representative shall, within a reasonable time, render and deliver to both the Owner and the
Contractor a written decision on all claims of the parties hereto and on all questions which may arise rela-
tive to the execution of the work or the interpretation of the contract, specifications and plans. Should
the Owner's Representative fail to sake such decision within a reasonable time, an appeal to arbitration may
be taken as If his decision had been rendered against the party appealing.
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 Con-
tractor 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 six (6) days make written appeal to the Owner's
Representative for his decision.
I
.27-
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 his absence
and all directions given to him shall be binding as if given to the Contractor. Adequate supervision by
competent and reasonable representatives of the Contractor is essential to the proper performance of the
work and lack of 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 Con-
tractor and all risk in connection therewith shall be borne by the Contractor.
The Owner or Owner's Representatives rill not be responsible for the acts or omissions of the Contractor, or.
any subcontractors, or any of his 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 himself as to the na-
ture and location of the work, the confirmation of the grand, the character, quality and quantity of mate -
Hats 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 effect
the work under this contract. No verbal agreement or conversation with any officer, agent, or employee of
the Owner, either before or after the execution of this contract, shall effect or modify any of the terms or
obligations herein contained.
18. CHARACTER OF WORKMEN
The Contractor agrees to employ only orderly and competent men, 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 him in writing that any man or men on the work, are, in his opinion, incompetent, unfaithful, or dis-
orderly, such man or men shall be discharged from the work and shall not again be employed on the work with-
out the Owner's Representative's written consent.
19. CONSTRUCTION PLANT
The Contractor shall provide all labor, tools, equipment, machinery and materials necessary in the prosecu-
tion and completion of this contract where it is not otherwise specifically provided that Owner shall fur-
nish 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 direct, and the sanitary conditions of the grounds in or about such structure
shall at all times be maintained in a manner satisfactory to the owner's Representative.
20. SANITATION
Necessary sanitary conveniences for the use of laborers on the work site, properly secluded from public ob-
servation, 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. —�
-28-
E
21. OBSERVATION AND TESTING
The Owner or Owner's Representative shall have the right at all reasonable times to observe and test the
work. Contractor shall make necessary arrangements and provide proper facilities and access for such obser-
vation end testing at any location wherever work is in preparation or progress. Contractor shall ascertain
the scope of any observation which may be contemplated by Owner or Owner's Representative and shall give am-
ple notice as to the time each part of the work will be ready for such observation. Owner or Owner's Rep-
resentative may reject any work fond to be defective or not in accordance with the contract documents, re-
gardless of the stage of its completion or the time or place of discovery of such errors and regardless of
whether Owner's Observer has previously accepted the work through oversight or otherwise. If any work
should be covered without approval or consent of the Owner, it must, if requested by Owner or Owner's Repre-
sentative, be uncovered for examination at Contractor's expense. In the event that any part of the work is
being fabricated or manufactured at a Location where it is not convenient for Owner or Owner's Representa-
tive to make observations of such work or require testing of said work, then in such event Owner or Owner's
Representative say require Contractor to furnish Owner or Owner's Representative certificates of inspection,
testing or approval made by persons competent to perform such tasks at the location where that part of the
work is being manufactured or fabricated. All such tests will be in accordance with the methods prescribed
by the American Society for Testing and Materials or such other applicable organization as may be required
by law or the contract documents.
If any 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 Representa-
tive, be uncovered for observation and testing at the Contractor's expense. The cost of all such inspec-
tions, tests and approvals shall be borne by the Contractor unless otherwise provided herein. Any work
which fails to meet the requirements of any such tests, inspections or approval, and any work which meets
the requirements of any such tests or approval but does not meet the requirements of the contract documents
shall be considered defective. Such defective work shall be corrected at the Contractor's expense.
Neither observations by the Owner or Owner's Representative, nor inspections, tests, or approvals made by
Owner, owner's Representative, or other persons authorized under this agreement to make such inspections,
s tests, or approvals shall relieve the Contractor from his obligation to perform the work in accordance with
the requirements of the contract documents.
22. DEFECTS AND THEIR REMEDIES
It is further 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 Owners' Representative as un-
suitable or not in conformity with plans, specification and contract documents, the Contractor shall, after
receipt of written notice thereof from the Owner's Representative, forthwith ramnrve such material and re-
build or otherwise remedy such work to that it shalt be in full accordance with this contract. It is fur-
ther agreed that any remedial action contemptated 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 any see fit,
in the tine, grade, form dimensions, plans or 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.
r
If such changes or alterations diminish the quantity of the work to be done, they shalt not constitute the
basis for a claim for damages, or anticipated profits on the work that may be dispensed with. If they in-
crease 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
r work under this contract; otherwise such additional work shall be paid for as provided under Extra Work. In
t„
.29-
case the Owner shall make such changes or alterations as shall make useless any work already done or mate-
rial already furnished or used in said work, then the Owner shall recompense the Contractor for any material
or labor so used, and for any actual loss occasioned by such change, due to actual expenses incurred in
preparation for the work as originally planned.
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, al-
teration or addition to the work as shown on the plans and specifications or contract documents and not cov-
ered by Contractor's proposal, except as provided under Charges and Alteretions herein.
It is agreed that the Contractor shall perform all extra work under the direction of the Owner's Representa-
tive when presented with a written work order signed by the Owner's Representative; subject, however, to the
right of the Contractor to require written confirmation of such extra work order by the Owner. It is also
agreed that the compensation to be paid to the Contractor for performing said extra work shall be determined
by the following methods:
Method (A) - By agreed unit prices; or
Method (B) - By agreed lump sum; or
Method (C) If neither Method (A) or Method (B) be agreed upon before the extra work is com-
menced, then the Contractor shall be paid the actual field cost of the work, plus
fifteen (15%) per cent.
in the event said extra work be performed and paid for under Method (C), then the provisions of this para-
graph 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 Workmen's
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 mat-
ters shall be determined by the Contractor. Unless otherwise agreed upon, the prices for the use of machin-
ery 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 com-
pensate him for his profit, overhead, general superintendence and field office expense, and all other ele-
ments 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 he should receive
compensation or an adjustment in the construction time, he shall make written request to the Owner's Repre-
sentative 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 in-
sists 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
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under Method (C). The Contractor will thereby preserve the right to submit the natter of payment to arbi-
tration as herein below provided.
25. DISCREPANCIES AND 04ISSIONS
It is further agreed that it is the intent of this contract that sit 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. If the Contractor finds any
discrepancies or omissions in these plans, specifications, or contract documents, he should notify the
Owners' Representative and obtain a clarification before the bids are received, and if no such request is
received by the owner's Representative prior to the opening of bids, then it shall be considered that the
Contractor fully understands the work to be included and has provided sufficient sums in his proposal to
complete the work in accordance with these plans and specifications. it 1s further understood that any re-
quest for clarification oust be submitted no later than five days prior to the opening of bids.
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.
1
If, at any time, the working force of the Contractor is inadequate for securing the progress herein specs-
',., fled, the Contractor shall, if so ordered 1n writing, increase his 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
j The Contractor shall take out and procure a policy or policies of Workmen's Compensation Insurance with an
insurance company licensed to transact business in the State of Texas, which policy shall comply with the
r� Workmen's Compensation laws of the State of Texas. The Contractor shall at sit tines exercise reasonable
precaution for the safety of employees and others on or near the work and shall comply with all applicable
t 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, his sureties and insurance carriers shall defend, indem-
nify and save harmless the Owner and sit of its officers, agents and employees from all suits, actions, or
claims of any character whatsoever, brought for or on account of any injuries or damages received or sus-
tained
.,,. by any person or persons or property, on account of any negligent act or fault of the Contractor or
any subcontractor, their agents or employees, in the execution and supervision of said contract, and the
project which is the subject matter of this contract, on account of the failure of Contractor or any subcon-
tractor to provide necessary barricades, warning lights, or signs and will be required to pay arty judgment
with costs which may be obtained against the Owner or any of its officers, agents, or employees including
attorney's fees.
The safety precautions taken shalt be the sole responsibility of the Contractor, in his 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 pro-
gresses, are intended as reminders to the Contractor of his duty and shalt not be construed as any assump-
tion of duty to supervise safety precautions by either the Contractor or any of his subcontractors.
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28. CONTRACTOR'S INSURANCE
The Contractor shall procure and carry at his sole cost and expense through the life of this contract, in-
surance protection as hereinafter specified. Such insurance shall be carried with an insurance company au-
thorized 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. Comprehensive General Liability Insurance
,The contractor shall have Corprehensive General Liability Insurance with limits of $300,000 Bodily
Injury and $300,000 Property Damage per occurrence to include:
Premises and Operations
Explosion & Collapse Hazard
Underground Damage Hazard
Products & Completed operations Hazard
Contractual Liability .—
Independent Contractors Coverage
Personal Injury (with exclusion "c" waived)
The City is to be named as an additional insured on this policy for this specific job, and copy of
the endorsement doing so is to be attached to the Certificate of Insurance. ^
B. Owner's Protective or Contingent Public Liability Insurance and Property Damage Liability Insurance.
The Contractor shall obtain an Owner's Protective or Contingent Public Liability Insurance policy
naming the City of Lubbock as insured and the amount of such policy shall be as follows
For bodily injuries, including accidental death, $500,000 per occurrence, and $100,000 for Property
Damage.
C. Comprehensive Automobile Liability Insurance
The Contractor shall have Comprehensive Automobile Liability Insurance with limits of not less than;
Bodily Injury $250/500,000
Property Damage $100.000
to include all owned and non -owned cars including: Employers Non -ownership Liability Hired and Non -
owned Vehicles. The City is to be named as an additional insured on this policy for this specific
job and copy of the endorsement doing so is to be attached to the Certificate of Insurance.
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D. Excess or Umbrella Liability Insurance
The Contractor shall have Excess or Umbrella Liability Insurance in the amount of
° (S1,000,000 minimum) with coverage to correspond with Comprehensive General Liability and Comprehen-
sive Automobile Liability coverages.
The City is to be named as an additional insured on this policy for this specific job and copy of
the endorsement doing to is to be attached to the Certificate of Insurance.
E. Worker's Compensation and Employers Liability Insurance
As required by State statute covering all employees whether employed by the Contractor or any sub-
contractor on the job with Employers Liability of at least $100,000 limit.
F. Proof of Coverage
Before work on this contract is commenced, each Contractor and subcontractor shall submit to the
Owner for approval five Certificates of Insurance covering each insurance policy carried and
offered as evidence of compliance with the above insurance requirements, signed by an authorized
representative of the insurance company setting forth:
(1) The name and address of the insured.
(2) The location of the operations to which the insurance applies.
(3) The name of the policy and type or types of insurance in force thereunder on the date borne
by such certificate.
(4) The expiration date of the policy and the limit or limits of liability thereunder on the
date borne by such certificate.
(5) A provision that the policy may be canceled only by mailing written notice to the named in-
sured at the address shown in the bid 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) con-
tained in the job specifications. No substitute of nor amendment thereto will be accept-
able.
29. PROTECTION AGAINST CLAIMS OF SUBCONTRACTORS, LABORERS, MATERIALMEN. AND FURNISHERS OF KACHIMERT, EQUIPMENT
AND SUPPLIES
l- The Contractor agrees that he will indemnify and save the Owner harmless from all claims growing out of any
demands of subcontractors, laborers, workmen, mechanics, materialmen and furnishers of machinery and parts
!" thereof, equipment, power tools, all suppliers, including commissary, incurred in the furtherance of the
performance of this contract. When Owner to desires, the Contractor shall furnish satisfactory evidence
that all obligations of the nature hereinabove designated have been paid, discharged or waived.
If during the progress of, the work, Contractor shall allow any indebtedness to accrue for work furnished by
any of those designated in the preceding paragraph and shall fail to pay and discharge any such indebtedness
within five (5) days after demand is made, then owner way, during the period for which such indebtedness
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shall remain unpaid, withhold from the unpaid portion of this contract, a sum equal to the amount of such
unpaid indebtedness or may apply the sun so withheld to discharge any such indebtedness.
Any and all communications between any party under this paragraph must be in writing.
30. PROTECTION AGAINST ROYALTIES OR PATENT INVENTION
The contractor shall pay all royalties and license fees, and shall provide for the use of any design, de-
vice, material or process covered by letters patent or copyright by suitable legal agreement with the Paten-
tee or Owner thereof. The Contractor shall defend all suits or claims for infringement of any patent or
copyrights and shall i,KW,.uify and save the Owner harmless from any loss on account thereof, except that
Owner shall defend all such suits and claims and shall be responsible for all such loss when a particular
design, device, material or process or the product of a particular manufacturer or manufacturers is speci-
fied or required in these contract documents by Owner; provided, however, if choice of alternate design, de-
vice, material or process is allowed to the Contractor, then Contractor shall indemnify and save owner harm -
Less from any loss on account thereof. If the material or process specified or required by Owner is an in-
fringement, the Contractor shall be responsible for such loss unless he promptly gives written notice to the
Owner of such infringement.
31. LANS 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 effect the contract or the work, and shall indemnify and save harmless the
Owner against any claims arising from the violation of any such laws, ordinances, and regulations, whether
by the Contractor or his employees. If the Contractor observes that the plans and specifications are at
variance therewith, he shall promptly notify the Owners' Representative in writing and any necessary changes
shall be adjusted as provided in the contract for changes in the work. If the Contractor performs any work
knowing it to be contrary to such laws, ordinances, rules and regulations, and without such notice to the
Owner's Representative, he shall bear all costs arising therefrom.
The Owner is a municipal corporation of the State of Texas and the law from which it derives its powers, in-
sofar 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.
32. ASSIGNMENT AND SUBLETTING
The Contractor further agrees that he will retain personal control and will give his 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 his full obligations to the Owner, as provided by this contractual agreement.
33. TIME FOR 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 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 on a date to be specified in the Notice to Proceed.
if the Contractor should neglect, fail, or refuse to complete the work within the time herein specified, or
any proper extension thereof granted by the Owner, then the Contractor does hereby agree as part of the con-
sideration for the awarding of this contract, the Owner may withhold permanently from Contractor's total
compensation, the sum of $100.00 (ONE HUNDRED DOLLARS) PER DAY, not as a penalty, but as liquidated damages
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for the breach of the contract as herein set forth for each and every calendar day that the Contractor shall
r' be in default after the time stipulated for completing the work.
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It is expressly understood and agreed, by and between Contractor and the Owner, that the time for the
com-pletion of the work described herein is reasonable time for the completion of the same, taking into consid-
eration the average climatic charge and conditions and usual industrial conditions prevailing in this local-
t Ity.
The amount is fixed and agreed upon by and between the Contractor and the owner because of the impractica-
bility and extreme difficulty in fixing and ascertaining actual damages the owner would in such event sus-
tain, and the amount is agreed to be damages the owner would sustain and shalt be retained by the Owner from
current periodical estimates for payments or from final payment.
It is further agreed and understood between the Contractor and owner that time is of the essence of this
contract.
34. TIME AND ORDER OF COMPLETION
It is the meaning and intent of this contract, unless otherwise herein apecifically provided, that the Con-
tractor shall be allowed to prosecute his 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 contact, the plans and specifications, and within the time of completion designated in
the proposals; provided, also, that when the owner is having other work done, either by contract or by his
own force, the Owner's Representative may direct the time and manner of constructing work done under this
f
contract so that conflicts will be avoided and the construction of the various works being done for the
Owner shall be harmonized.
The Contractor shall submit, at such times as may reasonably be requested by the Owner's Representative,
schedules which shall show the order in which the Contractor proposes to carry on the work, with dates at
which the Contractor will start the several parts of the work and estimated dates: of completion of the sev-
eral parts.
35. EXTENSION OF TIME
The Contractor agrees that he has submitted his proposal in full recognition of the time required for the
completion of this project, taking into consideration the average climatic range and industrial conditions
prevailing in this locality, and has considered the liquidated damage provisions of paragraph 33 hereinabove
set forth and that he shall not be entitled to, nor will he request, an extension of time on this contract,
except when his work has been delayed by an act or neglect of the Owner, Owner's Representative, employees
of the owner or other contractors employed by the owner, or by changes ordered in the work, or by strike,
walk -outs, acts of Cod or the public enemy, fire or flood. The Contractor my apply in writing for an ex-
tension of time, submitting therewith ail written justification as may be required by Owner's Representative
for such an extension as requested by Contractor. The Owner's Representative within ten (10) days after re-
ceipt of a written request for an extension of time by the Contractor supported by all requested docu-
mentation shall then submit such written request to the City Council of the City of Lubbock for their con-
sideration. should the Contractor disagree with the action of City Council on granting an extension of
time, such disagreement shall be settled by arbitration as hereinafter provided.
36. HINDRANCE AND DELAYS
In executing the contract agreement, the Contractor agrees that in undertaking to complete the work within
the time herein fixed, he has taken into consideration and made allowances for all hindrances and delays In-
cident to such work, whether growing out of delays in securing material or workmen or otherwise. No charge
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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 judgment of the Owner's
Representative that is caused by such stoppage shall be paid by owner to Contractor.
37. QUANTITIES AND MEASUREMENTS
No extra or customary measurements of any kind will be allowed, but the actual measured or computed length,
area, solid contents, number and weight only shall be considered, unless otherwise specifically provided.
In the event this contract is let on a unit price basis, 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 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 of-
fered for the work. It is understood and agreed that the actual amount of work to be done and the materials
to be furnished under this contract may 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.
38. 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 he shall be
liable for any and all claims for such damage on account of his failure to fully protect all adjacent
property. The Contractor agrees to indemnify, save and hold harmless the Owner against any claim or claims
for damages due to any injury to any adjacent or adjoining property, arising or growing out of the perfor-
mance of this contract, but such indemnity shall not apply to any claim of any kind arising out of the exis-
tence or character of the work.
39. 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 him 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.
40. PAYMENTS
No payments made or certificates given shall be considered as conclusive evidence of the performance of the
contract, either wholly or in part, nor shall any certificate or payment be considered as acceptance of de-
fective 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 con-
tract. Acceptance by Contractor of final payment of the contract price shall constitute a waiver of all
claims against Owner which have not theretofore been timely filed as provided in this contract.
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41. PARTIAL PAYMENTS
on or before the tenth day of each month, the Contractor shall submit to Owner's Representative an applica-
tion 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 par-
tial payment showing as completely as practical the total value of the work done b',/ the Contractor up to and
including the last day of the preceding month; said statement shall also include the value of all sound ma-
terials delivered on site of the work that are to be fabricated into the work.
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 this agreement. It is understood, however, that in case the whole
work be near to completion, and this fact is certified to by Owner's Representative and sane unexpected and
some unusual delay occurs due to no fault or negligence an the part of the Contractor, the Owner my upon
written recommendation of Owner's Representative pay a reasonable and equitable portion of the retained per-
centage due Contractor.
42. FINAL COMPLETION AND ACCEPTANCE
Within thirty-one (31) days after the Contractor has given the Owner's Representative written notice that
the work has been completed or substantially completed, the Owner's Representative and the owner shall in-
spect the work and within said time, if the work be found to be completed or substantially completed in ac-
cordance with the contract documents, the Owner's Representative shall issue to the owner and Contractor his
certificate of completion, and thereupon it shall be the duty of the Owner within thirty-one (31) days to
r.. issue a certificate of acceptance of the work to the Contractor.
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43. FINAL PAYMENT
a
Upon the issuance of the certificate of completion, the Owner's Representative shall proceed to make final
measurement and prepare a final statement of the value of all work performed and materials furnished under
the terms of the agreement, and shall certify same to the owner, who shall pay to the Contractor on or be-
fore the 31st day after the date of certificate of completion, the balance due Contractor under the terms of
this agreement, provided he has fully performed his contractual obligations under the terms of this con-
tract; and said payment shall become due in any event upon said performance by the Contractor. Neither the
r,. certificate of acceptance nor the final payment, nor any provisions in the contract documents shall relieve
t the Contractor of the obligation for fulfillment of any warranty which may be required in the special condi-
tions (if any) of this contract or required in the specifications made a part of this contract.
44. CORRECTION OF WORK BEFORE FINAL PAYMENT FOR WORK
Contractor shall promptly remove from Owners' premises all materials condemned by the Owner's Representative
on account of failure to conform to the contract, whether actually incorporated in the work or not, and Con-
tractor shall at his own expense promptly replace such condemned materials with other materials conforming
to the requirements of the contract. 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
rcondemned 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.
45. CORRECTION OF WORK AFTER FINAL PAYMENT
Neither the final payment nor certificate nor any provision in this contract shall relieve the Contractor of
responsibility for faulty materials or workmanship, and he shall remedy any defects due thereto and pay for
p any damage to other work resulting therefrom, which shall appear within a period of one (1) year from the
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date of substantial completion. The Owner or the Owner's Representative shall give notice of observed de-
fects with reasonable promptness.
46. PAYMENT WITHHELD
The owner may, on accent of subsequently discovered evidence, withhold or nullify the whole or part of any
certificate to such extent as may be necessary to protect himself from loss on account of:
(a) Defective work not remedied.
(b) Claims filed or reasonable evidence indicating possible filing of claims.
(c) Failure of the Contractor to make payments promptly to subcontractors or for materials or labor.
(d) Damage to another contractor.
When the above grounds are removed, or the Contractor provides a surety bond satisfactory to the owner,
which will protect the Owner in the amount withheld, payment shall be made for amounts withheld because of
them.
47. TIME OF FILING CLAIMS
It is further agreed by both parties hereto that all questions of dispute or adjustment presented by the
Contractor shall be in writing and filed with the,Owner's Representative within fifteen (15) days after the
Owner's Representative has given any directions, order or instruction to which the Contractor desires to
take exception. The Owners' Representative shall reply to such written exceptions by the Contractor and
render his final decision in writing. In case the Contractor should appeal from the decision of the Owner's
Representative, any demand for arbitration shall be filed with the Owner's Representative and the Owner in
writing within ten (10) days after the date of delivery to Contractor of the final decision of the Owner's
Representative. It is further agreed that final acceptance of the work by the owner and the acceptance by
the Contractor of the final payment shall be a bar to any claim by either party, except where noted other-
wise in the contract documents.
48. ARBITRATION
All questions of dispute under this agreement shall be submitted to arbitration at the request of either
party to the dispute. The parties may agree upon one arbitrator, otherwise, there shall be three; one named
in writing by each party and the third chosen by the two arbiters selected; or if the arbiters fail to se-
lect a third within ten (10) days, he shall be chosen by the District Judge, 72nd Judicial District of
Texas. Each arbiter shalt be a resident of the City of Lubbock. Should the party demanding arbitration
fail to name an arbiter within ten (10) days of the demand, his right to arbitrate shall lapse, and the de-
cision of the Owner's Representative shall be final and binding on him. Should the other party fail to
choose an arbiter within ten (10) days, the Owner's Representative shall appoint such arbiter. Should ei-
ther party refuse or neglect to supply the arbiters with any papers or information demanded in writing, the
arbiters are empowered by both parties to take Ex Parte Proceedings.
The arbiters shall act with promptness. The decision of any two shall be binding on both parties to the
contract, unless either or both parties shall appeal within ten (10) days from date of the award by the ar-
biters, and it is hereby agreed that each party shall have the right of appeal and all proceedings shall be
according to and governed by Arbitration Statutes of Texas, being Article 224, et seq., Vernon's Annotated
Civil Statutes. THE DECISION OF THE ARBITERS UPON ANY QUESTION SUBMITTED TO ARBITRATION UNDER THIS CONTRACT
SHALL BE A CONDITION PRECEDENT TO ANY RIGHT OF LEGAL ACTION.
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The arbiters, if they deem the case demands it, are authorized to award the party whose contention is sus-
tained, such sums as they deem proper for the time, expense and trouble incident tc the appeal, and if the
appeal was taken without reasonable cause, they may award damages for any delay occasioned thereby. The ar-
biters shall fix their own compensation, unless otherwise provided by agreement, and shall assess the costs
and charges of the arbitration upon either or both parties. The award of the arbiters must be made in
writ-ing and shall not be open to objection on account of the form of proceedings or award.
49. ABANDONMENT BY CONTRACTOR
In case the Contractor should abandon and fail or refuse to resume work within ten (10) days after written
notification from the Owner or the Owner's Representative, or if the Contractor fails to comply with the or-
ders of the Owner's Representative, when such orders are consistent with this contract, this Agreement, or
!^ the Specifications hereto attached, then the Surety on the bond shall be notified in writing and directed to
i complete the work and a copy of said notice shall be delivered to the Contractor.
After receiving said notice of abandonment, the Contractor shall not remove from the work any machinery,
equipment, tools, materials or supplies then on the job, but the same, together with any materials and
equipment under the contract for work, may 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 much equipment and
materials will ultimately reduce the cost to complete the work and be reflected in the final settlement.
In case the Surety should fail to commence compliance with the notice for completion hereinbefore provided
for within ten (10) days after service of such notice, then .the Owner may provide for completion of the work
In either of the following elective manners:
(a) The Owner may employ such force of men and use of machinery, equipment, tools, materials and sup-
plies 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 sun which would have been payable under this contract, if the same had been com-
pleted by the Contractor, then said Contractor shall receive the difference. In case such expense
is greater than the sun which would have been payable under this contract, if the same had been com-
pleted by said Contractor, then the Contractor and/or his Surety shall pay the amount of such excess
to the Owner; or
(b) The Owner, under sealed bids, after notice published as required by law, at least twice in a newspa-
per 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 bard therefore. However, should the cost to complete any such new
contract prove to be less than that which would have been the cost to complete the work under this
contract, the Contractor or his Surety shall be credited therewith.
When the work shall have been substantially completed, the Contractor and his Surety shall be so notified
and certificates of completion and acceptance, as provided in paragraph 42 hereinabove set forth, shall be
issued. A complete itemized statement of the contract accounts, certified to by Owners Representative as
being correct shall then be prepared and delivered to Contractor and his Surety, whereon the Contractor or
t his Surety, or the Owner as the case my be, shall pay the balance due as reflected by said statement within
30 days after the date of certificate of completion.
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In the event the statement of accounts shows that the cost to complete the work is less than that which
would have been the cost to the Owner had the work been completed by the Contractor under the terms of this
contract, or when the Contractor and/or his Surety shall pay the balance shown to be due by them to the
Owner, then all machinery, equipment, tools, materials or supplies left on the site of the work shall be
turned over to the Contractor and/or his Surety. Should the cost to complete the work exceed the contract
price, and the Contractor and/or his Surety fail to pay the amount due the Owner within the time designated
hereinabove, and there remains any machinery, equipment, tools, materials or supplies on the site of the
work, notice thereof, together with an itemized list of such equipment and materials shall be mailed to the
Contractor and his Surety at the respective addresses designated in this contract; provided, however, that
actual written notice given in any manner will satisfy this condition. After mailing, or other giving of
such notice, such property shall be held at the risk of the Contractor and his Surety subject only to the
duty of the Owner to exercise ordinary care to protect such property. After fifteen (15) days from the date
of said notice the Owner may sell such machinery, equipment, tools, materials or supplies and apply the net.
sum derived from such sale to the credit of the Contractor and his Surety. Such sale may be made at either
public or private sale, with or without notice, as the Owner may elect. The Owner shall release any machin-
ery, equipment, tools, materials, or supplies which remain on the tjobsite and belong to persons other than
the Contractor or his Surety, to their proper owners.
50. ABANDONMENT BY MER
In case the Owner shall fail to comply with the terms of this contract, and should fail or refuse to comply
with said terms within ten (10) days after written notification by the Contractor, then the Contractor may
suspend or wholly abandon the work, and may remove therefrom all machinery, tools, and equipment, and all
materials on the ground that have not been included in payments to the Contractor and have not been incorpo-
rated into the work. Thereupon, the Owner's Representative shall make an estimate of the total amount
earned by the Contractor, which estimate shall include the value of all work actually completed by said Con-
tractor at the prices stated in the the attached proposal, the value of all partially completed work at a
fair and equitable price, and the amount of all Extra York performed at the prices agreed upon, or provided
for by the terms of this contract, and a reasonable sum to cover the cost of any provisions made by the Con-
tractor to carry the whole work to completion, and which cannot be utilized. The Owners Representative
shall then make a final statement of the balance due the Contractor by deducting from the above estimate all
previous payments by the Owner and all other sums that may be retained by the Owner under the terms of this
Agreement, and shall certify some to the Owner who shall pay to the Contractor on or before thirty (30) days
after the date of the notification by the Contractor the balance shown by said final statement as due the
Contractor, under the terms of this Agreement.
51. BONDS
The successful bidder shall be required to furnish a performance bond and payment bond in accordance with
Article 5160, Vernon's Annotated Civil Statutes in the amount of 100% of the total contract price, in the
event said contract price exceeds $25,000.00. if the contract price does not exceed $25,000.00, the statu-
tory bonds will not be required. All bonds, if required, shall be submitted on forma supplied by the Owner,
and executed by an approved Surety Company authorized to do business in the State of Texas. And it is fur-
ther agreed that this contract shall not be in effect until such bonds are so furnished.
52. SPECIAL CMITIONS
In the event special conditions are contained herein as part of the contract documents and said special con-
ditions conflict with any of the general conditions contained in this contract, then in such event the
special conditions shall control.
-40-
i
53. LOSSES FROM NATURAL CAUSES
Unless otherwise specified herein, all toss 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 and the prosecution
of the sane, or from unusual obstructions or difficulties which may be encountered in the prosecution of the
work, shall be sustained and borne by the Contractor at his own cost and expense.
r 54. INDEPENDENT CONTRACTOR
` Contractor is, and shall remain, an independent contractor with full, complete and exclusive parer and au-
thority to direct, supervise, and control his 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 ob-
serve Contractor's work during his 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
r the Owner or Owner's Representative or to the Contractor's own employees or to any other person, firm, or
corporation.
55. CLEANING UP
The Contractor shall at all times keep the premises free from accumulation of debris caused by the work, and
at the completion of the work he shall remove all such debris and also his tools, scaffolding, and surplus
materials and shall leave the work room clean or its equivalent. The work shall be left in good order and
t condition. In case of dispute owner may remove the debris and charge the cost to the Contractor.
THIS PAGE LEFT BLANK INTENTIONALLY
CURRENT WAGE DETERMINATIONS
THIS PAGE LEFT BLANK INTENTIONALLY
DGV:da
RESOLUTION
Resolution f2502
January 8, 1987
Agenda Item #18
WHEREAS, the City Council has heretofore established the general
prevailing rate of per diem wages for each craft or type of workmen or
mechanics needed to execute public works contracts for the City of Lubbock
in accordance with the provisions of Vernon's Ann.Civ.St., Art. 5159a; and
6 WHEREAS, such wage rates were established by Resolution No. 719
,.'enacted February 12, 1981, updated by Resolution No. 1590 enacted February
I23, 1984; and
11
?� WHEREAS, such rates need to be updated at the present time in order
..to reflect the current prevailing rate of per diem wages; NOW THEREFORE:
;i
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the general prevailing rate of per diem wages for public works
` contracts shall be as set forth in the following named exhibits, which
exhibits shall be attached hereto and made a part hereof for all intents
;and purposes:
Exhibit A: Building Construction Trades
Exhibit B: Paving and Highway Construction Trades
Exhibit C: Electrical Trades
Exhibit D: Overtime Rate
Exhibit E: Weekend and Holiday Rate
:s
;Such wage rates are hereby found and declared
rate of per diem wages in all localities where
r on behalf of the City of Lubbock and such wage
F all public works contracts as provided by law.
;Passed by the City Council this 8th day of
Ranett"oyd, City Secretary
.APPROVED T- NTENT:
Bi 1 P yne, 0 rector of Building
Services
to be the general prevailing
public works are undertaken
rates shall be included in
January 1967.
ff, LL2
B.C..McMINN, MAYOR
APPROVED AS TO FORM:
Do Id G. Vandiver, First
Assistant City Attorney
EXHIBIT A
City of Lubbock
Building Construction Trades
Prevailing Rates
Craft Hourly Rate
Acoustical Ceiling Installer
$11.60
Air Conditioner Installer
8.35
Air Conditioner Installer -Helper
5.50
Bricklayer
10.50
Bricklayer -Helper
5.00
Carpenter
11.00
Carpenter -Helper
5.50
Cement Finisher
7.35
Drywall Hanger
8.70
Electrician
10.50
Electrician -Helper
5.25
Equipment Operator -
Heavy
8.00
Light
5.70
Floor Installer
8.00
Glazier
7.50
Insulator, Piping/Boiler
9.50
Insulator -Helper
5.00
Iron Worker
7.30
Laborer, General
4.75
Mortar Mixer
5.60
Painter
8.75
Plumber
9.25
Plumber -Helper
6.00
Roofer
7.65
Roofer -Helper
4.75
Sheet Metal Worker
8.75
Sheet Metal Worker -Helper
5.50
Welder - Certified
8.00
F
EXHIBIT B
Paving and Highway Construction
Prevailing Wage Rates
Craft
Asphalt Heaterman
Asphalt Shoveler
Concrete Finisher
Concrete Finisher -Helper
Electrician
Flagger
Form Setter
Form Setter -Helper
Laborer, General
Laborer, Utility
Mechanic
Mechanic -Helper
POWER EQUIPMENT OPERATORS
Asphalt Paving Machipe
Bulldozer
Concrete Paving Machinist
Front End Loader
Heavy Equipment Operator
Light Equipment Operator
Motor Grade Operator.
Roller
Scraper
Tractor
Truck Driver -
Light
Heavy
Hourly Rate
$5.25
4.75
7.35
4.75
10.50
4.75
6.50
5.50
4.75
5.80
6.50
6.00
6.00
5.25
6.50
5.85
6.40
6.40
8.00
5.25
5.25
5.50
5.25
5.25
r'°
EXHIBIT C
Electric Construction Trades
Prevailing. Wage Rates
Craft
Power Line Foreman
Lineman Journeyman
Lineman Apprentice Series
Groundman Series
EXHIBIT D
Prevailing Wage Rates
Overtime Rate
Hourly Rate
$11.00
10.45
8.90
7.25
The rate for overtime (in excess of forty hours per week) is 1 1/2
times base rate.
EXHIBIT E
Prevailing Wage Rates
Weekend and Holiday Rate
The rate for weekend and holiday is 1 1/2 times base rate.
No Text
THIS PAGE LEFT BLANK INTENTIONALLY
TECHNICAL SPECIFICATIONS
FOR
PUBLIC ACCESS ROADWAY TO LAKE ALAN HENRY
THIS PAGE LEFT BLANK INTENTIONALLY
1.0 SCOPE
The scope of this contract shall be the construction of the Public
Access Roadway to Lake Alan Henry, in Justiceburg, Garza County, Texas.
The plans and specifications herein included are intended to describe a
completed work to be performed under the contract. Unless otherwise
provided, the Contractor shall furnish all materials, supplies, tools,
equipment and labor necessary for the proper execution and completion of
l the work.
2.0 REFERENCE STANDARDS
Reference to standards, specifications, manuals, or codes of any
technical society, organization., or association, or to the Laws or
Regulations of any governmental authority, whether such reference be
specific or by implication,"shall mean the latest standard
specification, manual, code, or Laws or Regulations in effect at the
time of opening of Bids except as may be otherwise specifically stated.
3.0 ABBREVIATIONS
Abbreviations used in the Contract Documents are defined as follows:
AASHTO American Association of State Highway
and Transportation Officials
ASCII American Concrete Institute
ANSI American National Standards Institute
ASCE American Society of Civil Engineers
ASTM American Society for Testing and Material
TxDOT Texas Department of Transportation
OSHA Occupational Safety and Health Act
4.0 CONSTRUCTION STAKES
It shall be the responsibility of the Contractor to construct the work
to the position and elevations as set out on the plans and approved
changes. The Owner's Representative will furnish the Contractor control
points for determining lines and grades.
From the control points established by the Owner's Representative, the
Contractor shall establish and be responsible for the correctness of
alignment, elevation and position of all construction required by the
contract. The Contractor shall provide a qualified and experienced
force to perform this work and shall keep the Owner's Representative
informed a reasonable time in advance of the time and place he intends
to work, in order that measurements may be made as necessary for the
record and for determination of pay quantities.
I The Owner's Representative may, at his option, make spot or complete
checks on all construction alignment and grades to determine the
accuracy of the Contractor's survey work. These checks, however, will
not relieve the Contractor of his responsibility of constructing the
FM
work to the positions and elevations as shown on the plans or approved
changes. Computations, sketches and other drawings used in the design
and layout of this project will be made available to the Contractor, but
these items will not relieve the Contractor of his responsibility as set
out above.
The Contractor shall furnish free of charge all stakes and other
materials necessary to preserve control points for alignment and grade.
After the project is let to contract, the Owner will furnish the
Contractor (at the Contractor's request), free of charge, two copies of
the earthwork cross sections and two copies of the computer printout -of
the Design Cross Section List.
The Contractor will be held responsible for the preservation of all
control points established by the Owner's Representative and if, in the
opinion of the Owner's Representative any of the stakes or bench marks
have been carelessly or willfully destroyed or disturbed by the
Contractor they shall be replaced by the Contractor or the cost of
replacing them will be charged against the Contractor and deducted from
the payment for the work.
No direct payment will be made for this work, but the cost of all labor,
equipment and supplies necessary to perform the work shall.be included
in the contract unit prices bid for the various contract items.
5.0 CLEARING AND GRUBBING
"Clearing and Grubbing" shall consists of the removal and disposal of
trees, stumps, brush, roots, vegetation, logs, rubbish and other
objectionable matter. It shall also include the removal of existing
fences from within the working area.
Areas required for embankment construction; for roadway, channel and
structural excavation; and for borrow sites and material sources shall
be cleared and grubbed. On areas required for roadway, channel, or
structural excavation, all stumps, roots, etc., (except for designated
trees and brush) shall be removed to a depth of at least 2 feet below
the lower elevation of the excavation. On areas required for embankment
construction, all stumps, roots, etc., (except for designated trees and
brush) shall be removed to a depth of at least 2 feet below the existing
ground surface. All holes remaining after clearing and grubbing shall
be backfield and tamped as directed by the Owner's Representative and
the entire area blade to prevent ponding of water and to provide
drainage, except, in areas to be immediately excavated, the Owner's
Representative may direct that the holes not be backfield. When
permitted by the plans, trees and stumps may be cut off as close to
natural ground as practicable on ares which are to be covered by at
least three feet of embankment. On areas required for borrow sites and
material sources, stumps, roots, etc., (except for designated trees and
shrubs) shall be removed to the complete extent necessary to prevent
such objectionable matter becoming mixed with the material to be used in
construction. ,
y.
a
All cleared and
r satisfactory to
all merchantable
property of the
grubbed material shall be disposed of in a manner
the Owner's Representative. Unless otherwise provided,
timber removed as required above shall become the
Contractor.
6.0 ROADWAY EXCAVATION
"Roadway Excavation" shall consist of the required excavation within the
limits of the roadway; the removal of and proper utilization or disposal
of all excavated materials; and the constructing, shaping and finishing
of all earthwork on the entire length of roadway and approaches to same,
in conformity with the required lines, grades and typical cross sections
and in accordance with specification requirements herein outlined.
Roadway excavation shall be performed in accordance with Articles 110.2
"Construction Methods" and 110.3 "Selection of Materials" of Item 110
"Roadway Excavation" of the TxDOT Standard Specifications.
In areas where the roadway flexible base will be placed directly over
! the excavated area (cut sections), the subgrade shall be scarified to a
°r depth of 12 inches and compacted to 100% of ASTM D-698 (Standard
Proctor). Compaction test will be performed by the City of Lubbock
Soils Laboratory personnel.
Cost for the excavation and compaction of roadside ditches on cut
sections shall be included within this item (Roadway Excavation).
All excess excavation material shall be disposed of in areas to be
approved by the Owner's Representative. Cost for disposing of excess
material shall be included within the Roadway Excavation item.
7.0 EMBANKMENT
This item shall govern the placementandcompaction of all materials
r obtained from roadways, borrow and channel excavation for utilization in
the construction of the roadway embankment.
Embankment construction shall be performed in accordance with the
construction methods outlined in Article 132.2 of Item 132 "Embankment"
of the TXDOT Standard Specifications. The "Density Control" method
shall be used, with each layer to be compacted to 100% of ACT D-698
r" (Standard Proctor). Compaction tests will be performed by the City of
Lubbock Soils Laboratory personnel.
,. Based on cut and fill computations for the proposed roadway, the on -site
material obtained from roadway excavations should be adequate and
sufficient to be used for embankment. However, should additional
material be required, it shall be supplied by the contractor from an
approved source to be approved by the Owner's Representative. The
f borrow material shall consist of sand or other suitable granular
material, free from vegetation or other objectionable matter, reasonable
free from lumps or earthen when tested in accordance with TXDOT Test
�,. 3
E.
Methods TEX-104-E, Tex-105-E and Tex-106-E shall meet the following
requirements:
The liquid limit shall not exceed ................ 45
The plasticity index shall not be less than ...... 4
normore than .................................... 15
Borrow material, if required, shall be measured and paid by the cubic
yard in vehicles as delivered on the proposed roadway.
Cost for construction and compaction of roadside ditches on fill
(embankment) sections shall be included within this item (Embankment).
8.0 FLEXIBLE BASE (CALICHE)
8.1 Description
"Flexible Base (Caliche)" shall consist of nine (9) inches of
caliche and stone materials and shall be constructed as herein
specified. It shall be shaped in accordance with the typical
cross -sections and the grades established on the plans.
8.2 Material
The material for the base course shall consist of argillaceous
limestone, calcareous or calcareous clay particles, conglomerate,
gravel, sand or other granular materials. The material source
shall be approved by the Engineer. All the acceptable material
shall be crushed and returned to the screened material again in
such manner that a uniform product will be produced.
Samples for testing the material shall be taken prior to the
compaction operations.
The material will conform to the requirements:
Sieve Size 2" 1-1/2" 7/8" 1/2" #4 #40
-------------------------------------------------------
% retained 0 0-5 8-30 30-55 50-70 70-90
Material passing the No. 40 sieve shall be known as "Soil Binder"
and shall meet the following requirements when prepared in
accordance with Test Method Tex 101-E procedure:
Liquid Limit - 45 maximum; plasticity
Index - 15 maximum, 3 minimum; and,
Linear Shrinkage - 10 maximum
Wet Ball Mill Test of Flexible Base Material: The material, when
tested in accordance with Texas Method 116-E, shall have a
maximum allowable value of 55.
4
8.3 Hauling and Placing
Approved base material shall be hauled in vehicles of uniform
capacity to the site and dumped evenly so that an adequate
.-
quantity of material will be placed to provide a minimum of nine
(9) inches of compacted base material.
8.4 Processing
r
Processing of caliche base shall be accomplished in multiple lifts
of three (3") inches in compacted depth. Each lift or layer shall
be thoroughly moistened and rolled as it is cut from the windrow.
After all of the material is cut from the windrow to the sides,
it shall be cut back to the center in lifts of three (3") inches
r.
and thoroughly moistened and rolled again. Succeeding layers
shall then be placed similarly until the caliche base course is
completed.
Caliche base shall be compacted to 100% Standard Proctor Density.
k,
(A.S.T.M. 0-698). Density tests (A.S.T.M. D-2922) will be
performed and test rolling for base will be observed by City
�-
inspectors.
Caliche base shall be compacted at a moisture content of plus or
minus 2% of 2% below optimum moisture or other moisture content
,^
directed by the Owner's Representative.
The finished caliche base shall be test rolled with a 25 ton
pneumatic tire or other approved roller. The Engineer may
f
require up to six passes of the roller in determining the
condition of the base.
The compacted caliche base shall be accomplished in three (3")
inch lifts. The caliche course shall then be sprinkled as
required and rolled with computers as directed until a uniform
compaction of specified Standard Proctor Density" is secured.
Throughout this entire operation, the shape of the course shall
be maintained by blaming; and the surface upon completion shall
be smooth and in conformity with the typical sections shown on
plans and to the established lines and grade.
Traffic may be allowed to travel on the caliche base, as directed
by the Engineer, during construction. During this period, the
caliche base shall be satisfactorily maintained by the use of
water trucks, blades, drags and such other equipment as may be
required. The base course shall be so maintained until the
wearing surface is placed thereon. The surface shall not be
placed on base course that exceeds optimum mixture by two percent
(2%)•
�" 5
8.5 Finishing
a) Description
The compacted base shall be finished and shaped immediately
preceding the application of the surface treatment. All loose
or unconsolidated material shall be removed and the surface
moistened and rolled with a steel wheel roller.
b) Failed Density or Weak Soots in Base
The finished caliche base shall be checked for density
requirements and by test rolling. Materials that fails the
density requirement shall be reworked as necessary until
passing. The full depth of caliche base shall be compacted to
the extent necessary to remain firm and stable under test
rolling. All irregularities, depressions or weak spots which
develop shall be corrected immediately by scarifying the areas
.affected, adding suitable material as required, reshaping and
recommiting by sprinkling and rolling. If the Contractor
chooses, he may repair the weak spot by removing the material
involved and replacing it with type "C" hot mix or asphalt
stabilized base, at no extra cost to the Owner. In this case,
the surface may be applied as soon as the hot mix patch has
been compacted and cooled to ambient temperature.
c) Allowable Deviation in Finish
straightedge 10 feet long shall be used to detect any
deviation which shall be corrected as defects.
9.0 HOT MIX ASPHALTIC CONCRETE SURFACE
9.1 Description
This item shall consist of a 1-1/2" compacted City of Lubbock
Type "C" hot mix asphaltic concrete surface, using approved
crushed stone aggregate and constructed over the compacted
flexible base (Caliche Base). The base shall be primed as
required.
9.2 Materials
When tested according to TxDOT Methods, the various materials
shall meet the applicable requirements of this specifications.
a) Asphalts:
Asphalts for use in this project shall comply with TxDOT
Specification Item 300 "Asphalts, Oils and Emulsions".
0
i
Asphalt for the paving mixtures shall be of the types of oil
asphalt as determined by the Owner's Representative.
The grade of asphalt used shall be as designated by the
Owner's Representative after design tests have been made using
the mineral aggregates that are to be used in the project.
The Contractor shall notify the Owner's Representative of the
source of his asphaltic material prior to the production of
the asphaltic mixture and this source shall .not be changed
during the course of the project except by written permission
of the Owner's Representative.
b) Aggregates:
The mineral aggregate shall be composed of coarse aggregate, a
fine aggregate, and if required, a mineral filler. Samples of
coarse aggregate, fine aggregate and mineral filler shall be
submitted to the City of Lubbock Testing Laboratory for
testing and approval by the Owner's Representative. Approval
of other material and of the source of supply must be obtained
from the Owner's Representative prior to delivery.
The combined mineral aggregate, after final processing by the
mixing plant, and prior to addition of asphalt and mineral
filler, shall have a sand equivalent value of not less than
40, when tested in accordance with ASTM D-2419.
l Coarse and fine aggregates and mineral filler shall meet the
requirements of TxDOT Specifications Item 302 "Aggregate for
r Surface Treatments."
' 9.3 Paving Mixtures
The paving mixture shall consist of a uniform mixture of coarse
agregate, fine aggregate and asphaltic material. The grading of
each constituent of the mineral aggregate shall be well graded
from coarse to fine and shall not vary from the low limit on one
sieve to the high limit on the adjacent sieve, or vice versa. The
final designated gradations shall produce a relatively smooth line
when plotted on a 0.45 power semilogarithmic gradation chart when
tested in accordance with ASTM C-136.
r 7
Master Gradation Specifications
Mixture Type
City of Lubbock
Sieve Type "C"
Size
Percent by Weight Passing Sieves
1"
100
3/4"
98-100
1/2"
81-93
3/8"
65-85
No.4
43-63
No.8
33-45
No.16
22-34
No.30
13-27
No.50
1-19
No.100
3-11
No.200
1-6
Bitumen percent 4.0 - 7.5
(of total mix)
9.4 Laboratory Control
If the Contractor or supplier wishes to use a material or location
not previously approved by the City of Lubbock, he will be
required to request approval in writing of the material not less
than 60 days prior to anticipated use of the material. The City
of Lubbock laboratory test results shall be the sole
consideration for approval of materials, mix designs, adequacy of
procedures, etc.. The results of such testing shall be evaluated
and final approval given by the Owner's Representative.
The City of Lubbock will utilize its own testing laboratory to
monitor the plant mixing for the Hot Mix. This laboratory control
will be provided by the City of Lubbock. A representative of the
City Engineer will be at the plant with full authority to control
the mixing operation.
In those instances where irregularities occur and the limits of
the specification are exceeded for aggregate, black base, or hot
mix, appropriate corrections will be required.
9.5 Tolerances
The Engineer will designate the exact grading of the aggregate and
asphalt content to be used in the mixture (Job Mix Formula). The
paving mixture produced shall not vary from the designated
grading and asphalt content by more than the tolerances allowed
8
herein and shall remain within the limitation of the master
r-
grading specified. The respective tolerances, based on the
percent by weight of the mixture, are listed as follows:
Percent by weight material
f
Tolerance Plus or Minus
^
Aggregate passing No. 4 sieve
j
or larger 4 percent
r.
Aggregate passing Nos. 8,16,30,
50 sieves 3 percent
Aggregate passing Nos. 100 & 200
�"
sieves 2 percent
Bitumen 0.25 percent
r
9.6 Extraction/Gradation Tests And Design Criteria
extraction/Gradation
Samples of the mixture when tested in accordance with ASTM D-2172
shall not vary from the grading proportions of the aggregate
71
and the asphalt content designated by the Engineer by more than
the respective tolerance specified above.
cost to the Owner.
Design Method
Min. Kax
Marshall Method
No. of compaction blows,
each end of specimen
75
Stability, Lbs.
1800 ---
Flow, units of 0.01 in
8 14
% Air Voids
Surfacing or Leveling
3 5
Percent Voids in
Mineral Aggregate
13 ---
9
Samplin_q__and Testi
It is the intent of this specification that the mixture will be
designed to produce a mixture of optimum density and stability,
as determined by the Owner's Representative, when tested in
accordance with these specifications and applicable ASTM
procedures.
Samples of the completed pavement shall be removed from locations
designated by the Owner's Representative to enable him to
determine the composition, compaction, and density of the
pavement. Samples for each day or fraction thereof shall be
taken by City personnel.
The contractor shall replace the pavement removed from core
holes at no cost to the City. If the pavement is deficient in
composition, compaction, or thickness, satisfactory correction
shall be made as directed by the Owner's Representative.
Tests on Marshall specimens shall be made twice daily or as
directed by the Owner's Representative to retain job control.
The mixture shall comply with the requirements of Table (2) above
when tested in accordance with the Marshall method procedures
contained in Chapter III of the Asphalt Institute's Manual Series
No. 2 (MS-2), current addition. If the laboratory stability
and/or field tests of the mixture produced has a value lower than
that specified, and in the opinion of the Engineer is not due to
change in source or quality of materials, production may proceed,
and the mix shall be changed until the laboratory/field tests
equals or exceeds the specified values. If there is, in the
opinion of the Owner's Representative, an apparent change in any
material from that used in the design mixtures, production will
be discontinued until a new design mixture is determined by trial
mixes.
9.7 Sampling and Testing Hot Mix Asphaltic Concrete for
Compaction
Hot mix asphaltic concrete will be accepted on a lot basis. A lot
will consist of 1000 tons or each days production and will be
divided into three (3) equal sublots. Pavement density will be
determined by taking the average density for each lot, from the
three sublots, the average Maximum Theoretical Density, taken
from trucks delivering hot mix asphaltic concrete to the site.
The samples will be tested in accordance with ASTM D-2041.
Each lot of compacted pavement will be accepted, with respect to
density, when the average field density is within the below
listed specifications. Four field density determinations will be
made for each lot. Cores taken from the pavement will be used to
test the field density. The density of the cored samples will be
determined in accordance with ASTM D-2726.
10
7
F
f
Density Specifications
Based on Maximum Theoretical Density
�^
Minimum s 92.5%
Optimum a 96.0%
Maximum - 97.5%
If the mixture produced does not have the specified qualities, it
shall be adjusted until it does. The pavement shall be
constructed on the previously .completed and approved base as
r'
herein specified and in accordance with the details shown on the
G
plans.
9.8 Temperature Requirements
`
November 1 until April 1
r
I. The asphaltic mixture shall not be placed when the
air temperature is below 55 degrees F and falling.
r-
2. The asphaltic mixture may be placed when the air
i
temperature is above 50 degrees F and rising.
',.
April 1 until November 1
1. The asphaltic mixture shall not be placed when the
air temperature is below 50 degrees F and falling.
2. The asphaltic mixture may be placed when the air
temperature is above 45 degrees F and rising.
A
The air temperature shall be taken in the shade away from
artificial heat.
The Owner's Representative may use his discretion to require a
cover over the asphaltic mixture when being hauled from the plant
to the job site.
If the temperature of a load of asphaltic concrete measured while
passing through the lay -down machine is 25 degrees F less than the
mixing temperature, the load may be rejected by the Owner's
Representative and payment will not be made for the rejected
material.
Preparation of Base and Areas Bordering
t,
The compacted base upon which the hot mix asphaltic concrete
surface is to be placed shall be prepared and cleaned, as
required by the Owner's Representative, before the prime coat is
applied.
1,
r ii
9.10 Prime Coat
The prime coat shall consist of an application of .25 gallons per
square yard of MC asphalt.
9.11 Transporting Asphaltic Concrete
The asphaltic mixture, prepared as specified above shall be hauled
to the work site in tight vehicles previously cleaned of all
foreign material. The dispatching of the vehicles shall be
arranged so that all material delivered may be placed, and all
rolling shall be completed during day -light hours. The inside of
the truck body may be given a light coat of oil, lime slurry or
other material satisfactory to the Owner's Representative, if
necessary, to prevent mixture from adhering to the body. In cool
weather or for long hauls, canvas covers and insulating of truck
bodies may be required. Vehicles of the semi -trailer type are
prohibited.
9.12 Placing
The asphaltic concrete pavement shall be machine laid in
accordance with the TxDOT Item 528, "Automatic Screen Controls
for Asphaltic -Concrete Spreading and Finishing Machine", in such
manner that when properly compacted the finished pavement will be
smooth, of uniform density and will meet the requirements of the
typical cross sections and the surface tests.
The surface course shall be laid in a compacted layer with a
minimum compacted thickness of one and one-half inches (1-1/2").
A level up course, 1/2" or more in thickness, shall require the
use of black base or a coarse grade of hot mix approved by the
Owner's Representative. It shall be spread and compacted to
lines and grades as established by the Owner's Representative.
All joints shall present the same texture density, and smoothness
as other sections of the course. The joints between existing and
new pavements or between successive day's work shall be carefully
made to insure a continuous bond between old and new sections of
the course.
The transverse edges of old pavement and, if required by the
Owner's Representative,'the successive days pavement shall be
sawed 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 hot bituminous material before the fresh
mixture is placed.
9.13 Compacting
As directed by the Owner's Representative, the pavement shall be
compacted thoroughly and uniformly to the required density. The
12
f
specified rollers shall be used, except as provided in paragraph
r-
(3) below.
Rolling with the three wheel and tandem rollers shall start
longitudinally at the sides and proceed toward the center of the
,^
z
pavement, overlapping on successive trips by at least half the
F
width of the rear wheels unless otherwise directed by the Owner's
Representative. Alternate trips of the roller shall be slightly
7
different in length. On super -elevated curves, rolling shall
begin at the low side and progress toward the high side unless
otherwise directed by the Owner's Representative. Rolling with
,...
pneumatic roller shall be done as directed by the Owner's
Representative. Rolling shall be continued until required
compaction is obtained and all roller marks are eliminated. One
tandem roller, two pneumatic rollers and at least one three wheel
roller, as specified above, shall be provided for each job.
Additional rollers shall be provided if needed. The motion of
the roller shall be slow enough at all times to avoid
displacement of the mixture. If any displacement occurs, it shall
be corrected at once by the use of rakes and of fresh mixture
where required. The roller shall not be allowed to stand on
r
pavement which has not been fully compacted. To prevent adhesion
of the surface to the roller, -the wheels shall be kept thoroughly
moistened with water, but an excess of water will not be
permitted. All rollers must be in good mechanical condition.
Necessary precautions shall be taken to prevent the droppings of
gasoline, oil, grease or other foreign matter on the pavement,
either when the rollers are in operation or when standing.
9.14 Surface Tests
The surface of the pavement, after compaction, shall be smooth and
true to the established line, grade and cross section, and when
tested with a 10 foot straight edge placed parallel to the
centerline of the roadway or tested by other equivalent and
acceptable means, except as provided herein, the maximum
deviation shall not exceed 1/8 inch in 10 feet, and any point in
the surface not meeting this requirement shall be corrected as
directed by the Owner's Representative.
9.15 Equipment
All equipment for the handling of all materials and.mixing and
r placing of the mixture shall be maintained in good repair and
operating condition and subject to approval of the Owner's
►� Representative. Any equipment found to be defective and affecting
the quality of the mixture will be replaced.
,,. Mixing plants may be the weigh -batch type or the continuous mixing
} type or the drum mix type. All types of plants shall be equipped
' with satisfactory conveyors, power units, aggregate handling
equipment, bins and dust collectors.
�i
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i
When requested by the Engineer, weigh -batch and continuous types
of mixing plants shall be equipped with automatic proportioning
devices in accordance with the requirements of TxDOT
Specifications Item 520, "Weighing and Measuring Equipment." If
automatic recording devices are required by the plans, they shall
be in accordance with the TXDOT Item 520, "Weighing and Measuring
Equipment."
Spreading and Finishing Machine. The spreading and finishing
machine shall be of a type approved by the Owner's
Representative, shall be capable of producing a surface that will
meet the requirements of the typical cross section and the
surface test, when required, and shall have adequate power to
propel the delivery vehicle in a satisfactory manner when the
mixture is dumped into the finishing machine. The finishing
machine shall be equipped with a flexible spring and/or hydraulic
type hitch sufficient in design and capacity to maintain contact
between the rear wheels of the hauling equipment and the pusher
rollers of the finishing machine while the mixture is being
unloaded. The finishing machine shall be operated in a low gear,
or as directed by the Owner's Representative, at a speed to
produce a surface that will meet the requirements of the typical
cross section and surface test.
Any vehicle which the finishing machine cannot push or propel in
such a manner as to obtain the desired lines and grade without
resorting to hand finishing will not be allowed to dump directly
into the finishing machine. Vehicles dumping into the finishing
machine shall be mechanically and/or automatically operated in
such a manner that overloading the finishing machine being used
cannot occur and the required lines and grade will be obtained
without resorting to hand finishing.
Dumping of the asphaltic mixture in a windrow and then placing the
mixture in the finishing machine with loading equipment will be
approved by the'Owner's Representative, provided that the loading
equipment is constructed and operated in such a manner that
substantially all of the mixture deposited on the roadbed is
picked up and placed in the finishing machine without
contamination by foreign material of the mixture. The loading
equipment will be so designed and operated that the finishing
machine being loaded will obtain the required line, grade and
surface without resorting to hand finishing. Any operation of the
loading equipment resulting in the accumulation and subsequent
shedding of this accumulated material into the asphaltic mixture
will not be permitted.
Forms. The use of forms will not be required except where
necessary to support the edges of the pavement during rolling. If
the pavement will stand rolling without undue movement, binder
twine or small rope may be used to align the edges.
Motor Grader. The motor grader, if used, shall be self-propelled
power motor grader; it shall be equipped with pneumatic tired
14
wheels; shall have a
have a wheel base of
and in good operating
Representative.
blade length of not less than 12 feet; shall
not less than 16 feet ; and shall be tight
condition and approved by the Owner's
Pneumatic Tire Rollers. The pneumatic tire roller shall be an
acceptable self-propelled roller mounted on pneumatic tired
.- wheels, with the weight capable of being varied uniformly from
275 to 550 pounds per inch width of tire tread, so constructed as
to be capable of being operated in both a forward and a reverse
direction and shall have suitable provision for moistening the
surface of the tires while operating. All tires of the same
roller shall be smooth tread of equal size and diameter and shall
be arranged in such a manner that the gap between the tires of
a
one axle will be covered by the tires of the other.
The tire pressure of each tire shall be adjusted as directed by
r. the Owner's Representative and this pressure shall not vary by
more than 5 pounds per square inch.
4
Two Axle Tandem Roller. This roller shall be an acceptable power
r' driven tandem roller weighing not less than 8 tons.
Three Wheel Roller. This roller shall be an acceptable power
r- driven three wheel roller weighing not less than 10 tons.
Trench Roller. This roller shall be an acceptable power driven
trench roller equipped with sprinkler for keeping the wheels wet
and adjustable road wheel so that the roller may be kept level
during roiling. The drive shall be not less than 20 inches wide.
The roller under working conditions shall produce 325 pounds per
linear inch of roller width and be so geared that a speed of 1.8
miles per hour is obtained in low gear.
Straightedges and Templates. When directed by the Owner's
Representative, the Contractor shall provide acceptable 10 foot
straightedges for surface testing. Satisfactory templates shall
be provided by the Contractor as required by the Owner's
Representative.
All equipment shall be maintained in good repair and operating
condition and shall be approved by the Owner's Representative.
The Contractor shall furnish such suitable machinery, equipment,
and construction forces as may be necessary, in the opinion of
the Owner's Representative, for the proper prosecution of the
work, and failure to do so may cause the Owner's Representative
to withhold all estimates which have or may become due or the
Owner's Representative may suspend work until his requests are
complied with.
.-
15
9.16 Opening to Traffic
The pavement shall be opened to traffic when directed by the
Owner's Representative. If the surface ravels, 'corrugates or
shoves, it will be the Contractor's responsibility to correct
this condition at his expense.
10.0 CONCRETE RIPRAP
The concrete for riprap shall be placed in accordance with the details
and to the dimensions shown on the plans or as established by the
Owner's Representative.
Concrete shall be "Class B" as defined in Article 421.9 "Quality of
Concrete" of Item 421 of TxDOT Standard Specifications.
Concrete riprap shall be reinforced using wire reinforcement.
Reinforcement shall be supported properly throughout the placement to
maintain its position approximately equidistant from the top and bottom
surface of the slab.
Materials and methods of construction shall meet the requirements of the
TxDOT Standards, Item 432 "Riprap".
11.0 REINFORCED CONCRETE PIPE CULVERTS
This item shall include the installation of Reinforced Concrete Pipe
Culverts at the locations indicated on the plans. The work shall
include excavation, furnishing and installing the pipe culverts,
backfilling, compacting, furnishing and installing precast end sections
and safety pipe runners, and construction of sloping concrete headwalls.
Excavation and backfilling shall be performed in accordance with Item
401 "Excavation and Backfill for Sewers" of the TxDOT Standard
Specifications.
Reinforced Concrete Pipe Culverts (Class IV) shall be installed in
accordance with the requirements of these specifications, to the lines
and grades shown on the plans. Materials, manufacture and design of
pipe shall conform to ASTM Designation C76 or C655 for circular pipe.
The pipe shall be installed in accordance with Item 464 "Reinforced
Concrete Pipe Culverts" of the TxDOT Standards.
Bedding shall be in accordance with Class C Bedding as defined in
Article 464.3 of the TxDOT Standards.
Precast End Sections shall be installed at the upstream and downstream
end of each pipe culvert, in accordance with the Item 467 "Precast End
Section" of the TxDOT Standards. Materials, design reinforcement and
fabrication of Precast Rnd Sections shall meet the requirements of ASTM
C76, Class II Reinforced Concrete Pipe, Wall B.
16
r,
p�
Safety pipe runners shall be installed as indicated on the plans.
r- Materials and methods of construction shall comply with Item 477 "Safety
End Treatment" of the TxDOT Standard Specifications.
,,. Sloping headwalls shall be installed at the locations and to the
dimensions indicated on the plans. The headwalls shall be cast -in -
place. Concrete for the headwalls shall be "Class AN as defined in
Article 421.9 of Item 421 "Concrete for Structures" of the TxDOT
Standards. Sloping headwalls shall be constructed in accordance with
those applicable requirements of Item 475 "Headwalls, Wingwalls, Inlets
and Manholes" of the TxDOT Standards.
Payment of reinforced concrete pipe culverts shall be by the linear
foot, made between the ends of the pipe along its flow line. Payment
shall be full compensation for excavation, furnishing and installing the
pipes and precast end sections, backfilling, compaction, furnishing and
installing safety pipe runners, and labor and materials for the
construction of the sloped headwalls.
f 12.0 ALUMINIUM SIGNS (Type A)
�. Aluminum signs shall be installed at the locations indicated on the
plans or as directed by the Owner's Representative. Aluminum signs
shall be made of one piece construction, made from sheet aluminum and
shall have the face side reflectorized. Messages for the signs shall
have clean, sharp edges with no runs or sags and shall be! of sufficient
thickness to completely cover the background material.
The signs shall be cleaned prior to inspection. The signs shall be
washed with a cleaning solution acceptable to the manufacturer of the
sign coating to remove all grease, oil, dirt, smears, streaks, finger
'. marks, and other foreign particles prior to shop inspection and prior to
j final inspection, after erection.
Signs and supporting elements shall be obtained from a manufacturer with
r substantial experience in the fabrication of highway signs. Size of the
li signs, materials, hardware, post, fabrication and erection shall be in
strict accordance with Item 636 "Aluminum Signs (Type A)" of the TxDOT
n Standard Specifications.
�J 13.0 THERMOPLASTIC PAVEMENT MARKINGS
Pavement marking material shall be a product especially compounded for
traffic markings. When placed on the roadway, the markings shall not be
slippery when wet, lift from pavement under normal weather conditions,
nor exhibit a tacky, exposed surface. Cold ductility of the material
shall permit normal road surface expansion and contraction without
chipping or cracking.
The markings shall retain their original color, dimensions and placement
under normal traffic conditions at road surface temperatures of 158 F
and below.
The contractor shall adhere to the requirements of Item 666
"Thermoplastic Pavement Markings" of the TxDOT Standard Specifications.
14.0 GUARANTEE
The Contractor shall guarantee all the work part of this contract
against any defect in materials or workmanship for a period of one (1)
year from the date of acceptance. In case any such defect shall appear
and is reported to the Contractor during the guarantee period, the
Contractor shall make necessary repairs without charge to the Owner.
15.0 CONSTRUCTION SCHEDULE
This project is expected to be completed by June 15, 1993. Each bidder
shall submit a Construction Schedule indicating the sequence of all the
construction activities to be performed. Upon award of the contract,
the Construction Schedule will become part of the Contract Documents.
18
SPECIAL CONDITIONS
FOR
PUBLIC ACCESS ROADWAY TO LAKE ALAN HENRY
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SPECIAL CONDITIONS
The following items of Special Conditions shall take preference and will
apply under the terms of this contract.
A. Reference General Conditions, Item 13, Pace 28
It shall be the responsibility of the Contractor to construct the
work to the position and elevations as set out on the plans and
approved changes. The Owner's Representative will furnish the
Contractor control points for determining lines and grades. From
the control points established by the Owner's Representative, the
Contractor shall establish and be responsible for the correctness
of alignment, elevation and position of all construction required
by the contract. All stakes, marks, etc., shall be carefully
preserved by the Contractor, and in case of destruction or removal
by the Contractor, his Subcontractors or his employees, such
stakes, marks, etc., shall be replaced by the Owner's
Representative at Contractor's expense. Construction stakes shall
be established in the field as stipulated within Section 4.0
"Construction Stakes" of the Technical Specifications for this
contract.
B. Reference General Condition Item 38, Page 37
The location of existing underground utilities are shown in an
approximate way only, and have not been independently verified by
the owner or its representative. The Contractor shall determine
the exact location of all existing utilities before commencing
work, and agrees to be fully responsible for any and all damages
which might be occasioned by the Contractor's failure to exactly
locate and preserve any and all underground utilities.
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SPECIAL CONDITIONS
-44.
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6
City of Lubbock
P.O. Box 2000
Lubbock, Texas 79457
806-767-2167
December 23, 1992
Williams & Peters Construction Co., Inc.
P.O. Box 3907
Lubbock, TX 79452
Office of
Purchasing
SUBJECT: Public Access Roadway - Lake Alan Henry
The City of Lubbock, having considered the proposals submitted and
opened on the 8th day of December, 1992, for work to be done and
materials to be furnished in and for:
City of Lubbock BID #12339
Public Access Roadway - Lake Alan Henry
as set forth in detail in the Specifications, Plans, and Contract
Documents for such work for the City of Lubbock; it appearing that your
proposal is fair, equitable and to the best interest of said City,
please take notice that said proposal was accepted by the City Council
of the City of Lubbock on December 17, 1992, at the bid price contained
therein, subject to the execution of and furnishing of all other
documents specified and required to be executed and furnished under the
contract documents. It will be necessary for you to execute and furnish
to the City of Lubbock all such documents within ten (10) days from your
receipt of this Notice.
The five percent (5%) bid security, submitted with your proposal,
will be returned upon the execution of such contract documents and bonds
within the above specified ten (10) day period. In the event you should
fail to execute and furnish such contract documents and bonds within the
time limit specified, said bid security will be retained by the City of
Lubbock.
CIT F LU CK
Ron Shuffie d
BUYER