HomeMy WebLinkAboutResolution - 4606 - Contract - Williams & Peters Inc - Street Paving - 09_22_1994Resolution No. 4606
Item # i o
Council Date: 09 / 2 2 / 94
RESOLUTION
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to
execute for and on behalf of the City of Lubbock a Contract and all related documents by and
between the City of Lubbock and Williams and Peters Construction Company, Inc., to furnish
and install all materials as bid for the City of Lubbock Street Paving - Various Locations,
which contract is attached hereto, which shall be spread upon the minutes of the Council 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
ATTEST:
Betty A Johnson, Qty Secretary
APPROVED AS TO CONTENT:
Victor Kihn4n, Purc asing Manager
AS TO FORM:
City Attorney
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September 13,1994
CITY OF LUBBOCK
SPECIFICATIONS FOR
CITY OF LUBBOCK STREET PAVING
VARIOUS LOCATIONS
BID 913042
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CITY OF LUBBOCK
Lubbock, Texas
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City of Lubbock
P.O. Box 2000
Lubbock. Texas 79457
606-767-2167
Office of
Purchasing
MAILED TO VENDOR August 23,1994
CLOSE DATE: September 8,1994 at 2:00 p.m.
BID #13042 - CITY OF LUBBOCK STREET PAVING - VARIOUS LOCATIONS
ADDENDUM # 1
Please modify or amend Contract Documents as follows:
1. General Conditions of the Agreement: Paragraph 29 - Contractor's Insurance; Item F:
The attached two (2) sheets are hereby incorporated into and become part of the
aforementioned section of the contract documents for this project.
All requests for additional information or clarification concerning this bid should be submitted in writing
and directed to Ron Shuffield, Senior Buyer.
PLEASE RETURN ONE COPY WITH YOUR BID
` WORKERS' COMPENSATION INSURANCE COVERAGE
A. Definitions:
Certificate of coverage ("certificate") - A copy of a certificate of insurance, a certificate of authority to self -insure issued by the commission, or a coverage
r"' agreement (TWCC-81, TWCC-82. TWCC-83, or TWCC-84), showing statutory workers' compensation insurance coverage for the person's or entity's employees
providing services on a project, for the duration of the project.
Duration of the project - includes the time from the beginning of the work on the project until the contractor's/person's work on the project has been completed and
accepted by the governmental entity.
rPersons providing services on the project ("subcontractor" in §406.096) - includes all persons or entities performing all or part of the services the contractor has
` undertaken to perform on the project, regardless of whether that person contracted directly with the contractor and regardless of whether that person has employees.
This includes, without limitation, independent contractors, subcontractors, leasing companies, motor carriers, owner -operators, employees of any such entity, or
employees of any entity which furnishes persons to provide services on the project. "Services' include, without limitation, providing, hauling, or delivering
equipment or materials, or providing labor, transportation, or other service related to a project. "Services" does not include activities unrelated to the project, such
as food/beverage vendors, office supply deliveries, and delivery of portable toilets.
B. The contractor shall provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements, which meets
the statutory requirements of Texas Labor Code, Section 401.011(44) for all employees of the contractor providing services on the project, for the duration of the
project
C. The Contractor must provide a certificate of coverage to the governmental entity prior to being awarded the contract.
D. If the coverage period shown on the contractor's current certificate of coverage ends during the duration of the project, the contractor must, prior to the end of the
coverage period, file a new certificate of coverage with the governmental entity showing that coverage has been extended.
r Is. The contractor shall obtain from each person providing services on the project, and provide to the governmental entity:
I(1) a certificate of coverage, prior to that person beginning work on the project, so the governmental entity will have on file certificates of coverage showing
coverage for all persons providing services on the project; and
I (2) no later than seven days after receipt by the contractor, a new certificate of coverage showing extension of coverage, if the coverage period shown on the
current certificate of coverage ends during the duration of the project.
F. The contractor shall retain all required certificates of coverage for the duration of the project and for one year thereafter.
G. The contractor shall notify the governmental entity in writing by certified mail or personal delivery, within 10 days after the contractor knew or should have known,
of any change that materially affects the provision of coverage of any person providing services on the project.
rH. The contractor shall post on each project site a notice, in the text, form and manner prescribed by the Texas Workers' Compensation Commission, informing all
persons providing services on the project that they are required to be covered, and stating how a person may verify coverage and report lack of coverage.
1. The contractor shall contractually require each person with whom it contracts to provide services on the project, to:
(1) provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements, which meets the statutory
requirements of Texas Labor Code, Section 401.011(44) for all of its employees providing services on the project, for the duration of the project;
' (2) provide to the contractor, prior to that person beginning work on the project, a certificate of coverage showing that coverage is being provided for all
employees of the person providing services on the project, for the duration of the project;
(3) provide the contractor, prior to the end of the coverage period, a new certificate of coverage showing extension of coverage, if the coverage period shown on
the current certificate of coverage ends during the duration of the project;
(4) obtain from each other person with whom it contracts, and provide to the contractor:
�. (a) a certificate of coverage, prior to the other person beginning work on the project; and
(b) a new certificate of coverage showing extension of coverage, prior to the end of the coverage period, if the coverage period shown on the current
certificate of coverage ends during the duration of the project;
(S) retain all required certificates of coverage on file for the duration of the project and for one year thereafter;
i
(6) notify the governmental entity in writing by certified mail or personal delivery, within 10 days after the person knew or should have known, of any change
that materially affects the provision of coverage of any person providing services on the project; and
(7) contractually require each person with whom it contracts to perform as required by paragraphs (1) - (7), with the certificates of coverage to be provided to the
person for whom they are providing services.
7 J. By signing this contract or providing or causing to be provided a certificate of coverage, the contractor is representing to the governmental entity that all employees
of the contractor who will provide services on the project will be covered by workers's compensation coverage for the duration of the project, that the coverage will
be based on proper reporting of classification codes and payroll amounts, and that all coverage agreements will be filed with the appropriate insurance carrier or, in
the case of a self -insured, with the commission's Division of Self -Insurance Regulation. Providing false or misleading information may subject the contractor to
t� administrative penalties, criminal penalties, civil penalties, or other civil actions.
i
YL The contractor's failure to comply with any of these provisions is a breach of contract by the contractor which entitles the governmental entity to declare the
contract void if the contractor does not remedy the breach within ten days after receipt of notice of breach from the governmental entity.
ACONTRACTOR SHALL:
(1) provide coverage for its employees providing services on a project, for the duration of the project based on proper reporting of classification codes and
payroll amounts and filling of any coverage agreements;
(2) provide a certificate of coverage showing workers' compensation coverage to the governmental entity prior to beginning work on the project;
(3) provide the governmental entity, prior to the end of the coverage period, a new certificate of coverage showing extension of coverage, if the coverage period
shown on the contractor's current certificate of coverage ends during the duration of the project;
(4) obtain from each person providing services on a project, and provide to the governmental entity:
(A) a certificate of coverage, prior to that person beginning work on the project, so the governmental entity will have on file certificates of coverage
showing coverage for all persons providing services on the project; and
(B) no later than seven days after receipt by the contractor, a new certificate of coverage showing extension of coverage, if the coverage period shown
on the current certificate of coverage ends during the duration of the project;
(5) retain all required certificates of coverage on file for the duration of the project and for one year thereafter;
(6) notify the governmental entity in writing by certified mail or personal delivery, within 10 days after the contractor knew or should have known, of any change
that materially affects the provision of coverage of any person providing services on the project;
(7) post a notice on each project site informing all persons providing services on the project that they are required to be covered, and stating how a person may
verify current coverage and report failure to provide coverage. This notice does not satisfy other posting requirements imposed by the Act or other commis-
sion rules. This notice must be printed in at least 19 point normal type, and shall be in both English and Spanish and any other language common to the
worker population. The text for the notices shall be the following text provided by the commission on the sample notice, without any additional words or
changes:
REQUIRED WORKERS' COMPENSATION COVERAGE
"The law requires that each person working on this site orproviding services related to this construction project must be covered by
workers' compensation insurance. This includes persons providing, hauling, or delivering equipment and materials, or providing labor or
transportation or other service related to the project, regardless of the Identity of their employer or status as an employee."
"Call the Texas Workers' Compensation Commission at 5121440-3789 to receive Information on the legal requirement for
coverage, to verify whether your employer has provided the required coverage, or to report an employer's failure to provide
coverage."
and
(8) contractually require each person with whom it contracts to provide services on a project, to. -
(A) provide coverage based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements for all of its
employees providing services on the project, for the duration of the project;
(B) provide a certificate of coverage to the contractor prior to that person beginning work on the project;
(C) include in all contracts to provide services on the project the language in subsection (e) (3) of this rule;
(D) provide the contractor, prior to the end of the coverage period, a new certificate of coverage showing extension of coverage, if the coverage period
shown on the current certificate of coverage ends during the duration of the project;
(E) obtain from each other person with whom it contracts, and provide to the contractor:
(i) a certificate of coverage, prior to the other person beginning work on the project; and
(ii) prior to the end of the coverage period, a new certificate of coverage showing extension of the coverage period, if the coverage period
shown on the current certificate of coverage ends during the duration of the project;
(F) retain all required certificates of coverage on file for the duration of the project and for one year thereafter;
(G) notify the governmental entity in writing by certified mail or personal delivery, within 10 days after the person knew or should have known, of any
change that materially affects the provision of coverage of any person providing services on the project; and
(H) contractually require each other person with whom it contracts, to perform as required by paragraphs (A) - (H), with the certificate of coverage to
be provided to the person for whom they are providing services.
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.. CONTRACTOR CHECKLIST
A CONTRACTOR SHALL:
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(1) provide coverage for its employees providing services on a project, for the duration of the project based on proper reporting of classification codes
and payroll amounts and filling of any coverage agreements;
(2) provide a certificate of coverage showing workers' compensation coverage to the governmental entity prior to beginning work on the project;
(3) provide the governmental entity, prior to the end of the coverage period, a new certificate of coverage showing extension of coverage, if the coverage period
shown on the contractor's current certificate of coverage ends during the duration of the project;
(4) obtain from each person providing services on a project, and provide to the governmental entity:
(A) a certificate of coverage, prior to that person beginning work on the project, so the governmental entity will have on file certificates of coverage showing
coverage for all persons providing services on the project; and
(B) no later than seven days after receipt by the contractor, anew certificate of coverage showing extension of coverage, if the coverage period shown on the
current certificate of coverage ends during the duration of the project;
(5) retain all required certificates of coverage on file for the duration of the project and for one year thereafter;
I
(6) notify the governmental entity in writing by certified mail or personal delivery, within 10 days after the contractor knew or should have known, of any change
that materially affects the provision of coverage of any person providing services on the project;
(7) post a notice on each project site informing all persons providing services on the project that they are required to be covered, and stating how a person may
verify current coverage and report failure to provide coverage. This notice does not satisfy other posting requirements imposed by the Act or other commis-
sion rules. This notice must be printed in at least 19 point normal type, and shall be in both English and Spanish and any other language common to the
►� worker population. The text for the notices shall be the following text provided by the commission on the sample notice, without any additional words or
changes:
REQUIRED WORKERS' COMPENSATION COVERAGE
"The law requires that each person working on this site or providing services related to this construction project must be covered by workers'
compensation insurance. This includes persons providing, hauling, or delivering equipment and materials, or providing labor or transportation
or other service related to the project, regardless of the identity of their employer or status as an employee."
"Call the Texas Workers' Compensation Commission at 5121440-3789 to receive information on the legal requirement for coverage, to verify
whether your employer has provided the required coverage, or to report an employer's failure to provide coverage."
and
(8) contractually require each person with whom it contracts to provide services on a project, to:
(A) provide coverage based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements for all of its employees
r providing services on the project, for the duration of the project;
(B) provide a certificate of coverage to the contractor prior to that person beginning work on the project;
r. (C) include in all contracts to provide services on the project the language in subsection (e) (3) of this rule;
(D) provide the contractor, prior to the end of the coverage period, a new certificate of coverage showing extension of coverage, if the coverage period
shown on the current certificate of coverage ends during the duration of the project;
r (E) obtain from each other person with whom it contracts, and provide to the contractor:
(i) a certificate of coverage, prior to the other person beginning work on the project; and
(ii) prior to the end of the coverage period, a new certificate of coverage showing extension of the coverage period, if the coverage period shown
on the current certificate of coverage ends during the duration of the project;
(F) retain all required certificates of coverage on file for the duration of the project and for one year thereafter;
(G) notify the governmental entity in writing by certified mail or personal delivery, within 10 days after the person knew or should have known, of any
change that materially affects the provision of coverage of any person providing services on the project; and
(H) contractually require each other person with whom it contracts, to perform as required by paragraphs (A) - (H), with the certificate of coverage to be
provided to the person for whom they are providing services.
CITY OF LUBBOCK
COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM
SPECIFICATIONS
FOR
TITLE: CITY OF LUBBOCK STREET PAVING
VARIOUS LOCATIONS
ADDRESS: LUBBOCK, TEXAS
BID NUMBER: 13042
CD WO: 550.9905
CONTRACT PREPARED BY: PURCHASING DEPARTMENT
INDEX
1. NOTICE TO BIDDERS
2. INFORMATION FOR BIDDERS
3. BID PROPOSAL - BID FOR LUMP SUM CONTRACTS
4. BID PROPOSAL - BID FOR UNIT PRICE
5. PAYMENT BOND (FOR CONTRACTS IN EXCESS OF $25,000)
6. PERFORMANCE BOND (FOR CONTRACTS IN EXCESS OF $25,000)
7. CERTIFICATE OF INSURANCE
8. HUD CERTIFICATIONS
9. CONTRACT
10. GENERAL CONDITIONS OF THE AGREEMENT
11. EXHIBITS
A. COPELAND ANTI -KICKBACK REGULATIONS
B. CURRENT WAGE DETERMINATIONS
12. SPECIAL CONDITIONS OF THE AGREEMENT
13. SPECIFICATIONS
14. SPECIAL CONDITIONS
15. NOTICE OF ACCEPTANCE
NOTICE TO BIDDERS
NOTICE TO BIDDERS
CDWO 550.9905
COMMUNITY DEVELOPMENT BLOCK GRANT
CITY OF LUBBOCK
BID # 13042
Sealed proposals addressed to Ron Shuffield, Senior Buyer, City of Lubbock, Texas, will be received at the Purchasing Office,
r., Municipal Building, 1625 13th Street, Room L-04, Lubbock, Texas 79401 until 2:00 o'clock p.m., on the Sth day of September,
1994, or as changed by the issuance of formal addenda to all planholders, to furnish all labor and materials and perform all work for
the construction of the following project:
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CITY OF LUBBOCK STREET PAVING - VARIOUS LOCATIONS
Bidders are also required to submit a signed certification in compliance with Section 109 of Pub. L. 100-202 regarding restrictions
on the Award of Certain Contracts and Subcontracts to Foreign Countries.
Bidders are required to submit a cashier's or certified check or bid bond in the amount of 5% of the total bid and the successful
bidder shall provide bond in full amount of the contract executed by a surety company authorized to do business in Texas.
The above described project will be paid for in cash by the Community Development Block Grant received by the City from the
Department of Housing and Urban Development. The contract for this project must comply with all applicable Federal laws and
regulations including the payment of federal minimum wages under the provision of the Davis -Bacon Act, and the compliance with
the provisions of equal employment opportunities and under Section 3 Affirmative Action and Executive Order 11246.
Plans and Specifications are on file at the Purchasing Office and may be obtained at the office of the Purchasing Manager, Room L-
04, Municipal Building, 1625 13th Street, Lubbock, Texas, 79401.
There will be a pre -bid conference on September 1, 1994 at 10:00 o'clock a.m., Personnel Conference Room 108, Municipal
' Building, 1625 13th Street.
CI OF LUBBOCK, TEXAS
-ad
RON SHUFFIEL
Senior Buyer
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ADVERTISEMENT FOR BIDS
CDWO 550.9905
COMMUNITY DEVELOPMENT BLOCK GRANT
CITY OF LUBBOCK
BID # 13042
Sealed proposals addressed to Ron Shuffield, Senior Buyer, City of Lubbock, Texas, will be received at the Purchasing Office,
Municipal Building, 1625 13th Street, Room L-04, Lubbock, Texas 79401 until 2:00 o'clock p.m., on the 8th day of September,
1994, or as changed by the issuance of formal addenda to all planholders, to furnish all labor and materials and perform all work for
the construction of the following project:
CITY OF LUBBOCK STREET PAVING - VARIOUS LOCATIONS
Bidders are also required to submit a signed certification in compliance with Section 109 of Pub. L. 100-202 regarding restrictions
on the Award of Certain Contracts and Subcontracts to Foreign Countries.
Bidders are required to submit a cashier's or certified check or bid bond in the amount of 5% of the total bid and the successful
bidder shall provide bond in full amount of the contract executed by a surety company authorized to do business in Texas.
The above described project will be paid for in cash by the Community Development Block Grant received by the City from the
Department of Housing and Urban Development. The contract for this project must comply with all applicable Federal laws and
regulations including the payment of federal minimum wages under the provision of the Davis -Bacon Act, and the compliance with
the provisions of equal employment opportunities and under Section 3 Affirmative Action and Executive Order 11246.
Plans and Specifications are on file at the Purchasing Office and may be obtained at the office of the Purchasing Manager, Room L-
04, Municipal Building, 1625 13th Street, Lubbock, Texas, 79401.
There will be a pre -bid conference on September 1,1994 at 10:00 o'clock a.m.. Personnel Conference Room 108, Municipal
Building, 1625 13th Street.
RON SHUFFIELD
Senior Buyer
K
INFORMATION FOR BIDDERS
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ow
INFORMATION FOR BIDDERS
1. Receipt and Opening of Bids
Ir The City of Lubbock (herein called the "Owner"), invites bids on the form attached hereto, all blanks of which must be
6 appropriately filled in. Bids will be received by the Owner at the office of Victor Kilman, Purchasing Manger, City of
Lubbock, Texas until 2:00 o'clock p.m., on the Sth day of September, 1994, and then at said office publicly opened and
r= read aloud. The envelopes containing the bids must be sealed, addressed to Ron Shuffield, Senior Buyer, at Municipal
Building, 1625 13th Street, Room L-04, Lubbock, Texas 79401 and designated as bid for CITY OF LUBBOCK STREET
PAVING - VARIOUS LOCATIONS.
r
The Owner may consider as informal any bid not prepared and submitted in accordance with the provisions hereof and may
waive any informalities or reject any and all bids. Any bid may be withdrawn prior to the above scheduled time for the
opening of bids or authorized postponement thereof. Any bid received after the time and date specified shall not be
considered. No bidder may withdraw a bid within thirty (30) days after the actual date of the opening thereof.
Preparation of Bid
Each bid must be submitted in a sealed envelope bearing on the outside the name of the bidder, his address and the name of
the project for which the bid is submitted. If forwarded by mail, the sealed envelope containing the bid must be enclosed in
another envelope addressed as specified in the bid form.'
Subcontracts
The bidder is specifically advised that any person, firm, or other party to whom the bidder proposes to award a subcontract
under this Contract must be acceptable to the Owner after verification by the Community Development Department of the
City of Lubbock.
+ The bidder should submit to the Owner a list of proposed subcontractors which consists of each subcontractor's legal name
and business address. Although there is no requirement that this list be submitted with a bid, the Owner request that such
lsit be attached to said bid so that appropriate action can be taken to prevent subsequent delay in subcontract awards.
4. Telegraphic Modification
Any bidder may modify his bid by telegraphic communications at any time prior to the scheduled closing time for receipt of
bids, provided such telegraphic communication is received by the Owner prior to closing time and, provided further, the
Owner is satisfied that a written confirmation of the telegraphic modification over the signaute of the bidder was mailed
prior to the closing time. The telegraphic communication should not reveal the bid price but should provide the addition or
subtraction or other modification so that the final prices or terms will not be known by the Owner until the sealed bid is
opened. If written confirmation is not received within two (2) days from the closing time, no consideration, will be give to
the telegraphic modification.
5. Qualifications of Bidder
The Owner may make such investigations as he deems necessary to determine the ability of the bidder to perform the work,
i and the bidder hhall furnish to the Owner all such information and data for this purpose as the Owner may request. The
Owner reserves the right to reject any bid if the evidence submitted by, or investigation of, such bidder fails to satisfy the
Owner that such bidder is properly qualified to carry out the obligations of the Contract and to complete the work
contemplated therein. Conditional bids will not be accepted. Bidder must be acceptable to the Ownwer after verification by
S the HUD Area Office of the bidder's current eligibility status.
6. Bid Security
Each bid must be accompanied by cash, certified check of the bidder or a bid bond duly executed by the bidder and issued by
a surety company approved by the Owner, in the amount of five percent (51/o) of the bid. Such cash, checks or bid bonds
will be returned to all except the three lowest bidders within three (3) days after the opening of the bids, and the remaining
cash, checks or bid bond will be returned promptly after the Owner and the accepted bidder have executed the Contract, or,
if no award has been made within thirty (30) days after the date of the opening of bids, .upon demand of the bidder at any
time thereafter, so long as he has not been notified of the acceptance of his bid.
The successful bidder, upon his failure or refusal to execute and deliver the Contract, Certificate of Insurance and bonds
required within ten (10) days after he has received notice of the acceptance of his bid, shall forfeit to the Owner the security
deposited with his bid.
7. Time of Completion and Liquidated Damages
Bidder must agree to commence work on or before a date to be specified in a written "Notice to Proceed" of the Owner and
to fully complete the project within One Hundred (100) working days thereafter. Bidder must agree also to pay as
liquidated damages the sum of One Hundred ($100.00) Dollars for each working day thereafter in which the project is not
fully completed.
8. Conditions of Work
Each bidder must inform himself fully of the conditions relating to the construction of the project and the employment of
labor thereon. Failure to do so will not relieve a successful bidder of his obligation to furnish all material and labor
necessary to carry out the provisions of his Contract. Insofar as possible the Contractor, in carrying out his work must
employ such methods or means as will not cause any interruption of or interference with the work of any other contractor.
9. Addenda and Interpretations
No interpretation of the meaning of the plans, specifications or other pre -bid documents will be made to any bidder orally.
Every request for such interpretation should be in writing and addressed to Ron Shuffield, Senior Buyer, at P.O. Box
2000, Lubbock, Texas 79457, and to be given consideration must be received at least five (5) days prior to the date fixed for
the opening of bids. Any and all such interpretations and any supplemental instruction will be in the form of written
addenda to the specifications which, if issued, will be mailed by certified mail with return receipt requested to all
prospective bidders (at the respective addresses furnished for such purposes), not later than three (3) days prior to the date
fixed for the opening of bids. Failure of any bidder to receive any such addendum or interpretation shall not relieve such
bidder from any obligation under his bid as submitted. All addenda so issued shall become part of the Contract Documents.
10. Performance Bond and Payment Bond (Contract in Excess of $25,000)
The successful bidder shall be required to furnish a performance bond and payment bond in accordance with Article 5160,
Vernon's Annotated Civil Statutes, in the amount of 100% of the total contract price, in the event said contract prices
exceeds $25,000.00. If the contract price does not exceed $25,000.00, the statutory bonds will not be required. All bonds, if
required, shall be submitted on the forms supplied by the Owner, and executed by an approved Surety Company authorized
to do business in the State of Texas. And it is further agreed that this Contract shall be in effect until such bonds are so
furnished. Said statutory bonds should be issued by a Company carrying a current Best Ratine of B or superior, as the
rating of the bond company is a factor that will be considered in determination of the lowest responsible bidder.
11. Power of Attorney
Attorneys -in -fact who sign bid bonds or contract bonds must file with each bond a certified and effectively dated copy of
their power of attorney.
12. Notice of Special Conditions
Attention is particularly called to those parts of the Contract Documents and specifications which deal with the following:
(a) Inspection and testing of materials.
(b) Insurance requirements.
(c) Wage rates.
13. Laws and Regulations
The bidder's attention is directed to the fact that all applicable State laws, municipal ordinances and the rules and
regulations of all authorities having jurisdiction over construction of the project shall apply to the Contract throughout, and
they will be deemed to be included in the Contract the same as though herein written out in full.
14. Obligation of Bidder
r At the time of the opening of bids, each bidder will be presumed to have inspected the site and to have read and to be
thoroughly familiar with the plans and Contract Documents as defined in the General Conditions. The failure or omission
of any bidder to examine any form, instrument or document shall in no way relieve any bidder from any obligation in
+" respect of this bid.
15. Texas State Sales Tax
This contract is issued by an organization which qualifies for exemption pursuant to the provisions of Article 20.04 of the
Texas Limited Sales, Excise and Use Tax Act.
The Contractor must obtain a limited sales, excise and use tax permit which shall enable him to buy the materials to be
incorporated into the work without paying the tax at the time of purchase.
r.. 16. Materials and Workmanship
' The intent of these Contract Documents is that only materials and workmanship of the best quality and grade will be
furnished. The fact that the specifications may fail to be sufficiently complete in some detail will not relieve the Contract of
full responsibility for providing materials of high quality and for protecting them adequately until incorporated into the
project. The presence or absence of a representative of the City on the construction site will not relieve the Contractor of
full responsibility for complying with this provision. The specifications for materials and methods set forth in the Contract
r' Documents provide minimum standards of quality which the Owner believes necessary to procure a satisfactory project.
17. Protection of the Work
The Contractor shall be responsible for the care, preservation, conservation and protection of all materials, supplies,
machinery, equipment, tools, apparatus, accessories, facilities and all means of construction, and any and all part of the
work, whether the Contractor has been paid, partially paid or not paid for such work, until the date the City issues its
certificate of completion to the Contractor. The City reserves the right, after the bids have been opened and before the
Contract has been awarded, to require of a bidder the following information:
(a) The experience record of the bidder, showing completed jobs of a similar nature to the one covered by the proposed
Contract and all work in progress, with bond amounts and percentage of work completed.
(b) A sworn statement of the current financial condition of the bidder.
(c) An equipment schedule.
18. Protection of Subsurface Lines and Structures
It shall be the Contractor's responsibility to prosecute the work contemplated by the Contract Documents in such a way as to
exercise due care to locate and prevent damage to all underground pipelines, utility lines, conduits or other underground
structures which might or could be damaged by Contractor during the construction of the project contemplated by these
Contract Documents. The City of Lubbock agrees that it will furnish Contractor with information as to the location of all _
such underground lines and utilities of which it has knowledge. However, such fact shall not relieve the Contractor of his
responsibilities aforementioned. All such underground lines or structures cut or damaged by Contractor during the
prosecution of the work contemplated by this Contract shall be repaired immediately by the Contractor to the satisfaction of
the City of Lubbock, Texas, at Contractor's expense.
19. Contractor's Representative
The successful bidder shall be required to have a responsible local representative available at all times while the work is in
progress under this Contract. The successful bidder shall be required to furnish the name, address, and telephone number
where such local representative may be reached during the time that the work contemplated by this Contract is in progress.
20. Provisions Concerning Escalator Clauses
Proposals submitted containing any conditions which provide for change in the stated bid price due to increases in the cost
of materials, labor or other items required for the project will be rejected and returned to the bidder without being
considered.
BID PROPOSAL
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PLACE: L�� LLGBOf_K
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DATE: `1 — 17 — 9 4
BIDPROPOSAL
BID FOR UNIT PRICE
PM PROJECT NO: 13042 - CITY OF LUBBOCK STREET PAVING - VARIOUS LOCATIONS
Proposal of WILLIAMS t PETEfS CDAnT2 urntm) CA., MOC. (hereinafter called "Bidder")
To the Honorable Mayor and City Council City of Lubbock, Texas (hereinafter called "Owner")
Gentlemen:
The Bidder in compliance with your invitation for bids for CITY OF LUBBOCK STREET PAVING -
VARIOUS LOCATIONS having carefully examined the plans, specifications, instructions to bidders, notice to
bidders and all other related contract documents and the site of the proposed work, and being familiar with all of
the conditions surrounding the construction of the proposed project including the availability of materials and
labor, hereby proposes to furnish all labor, materials, and supplies; and to construct the project in accordance with
,. the plans, spccifications and contract documents, within the time set forth therein and at the prices stated in
Exhibit "A".
The Bidder binds himself on acceptance of his proposal to execute a contract and any required bonds, according to
the accompanying forms, for performing and completing the said work within the time stated and for the prices
stated in Exhibit "A" of this proposal.
r- Bidder hereby agrees to commence the work on the above project on or before a date to be specified in a written
"Notice to Proceed" of the Owner and to fully complete the project within 100 (One Hundred) working days
thereafter as stipulated in the specifications and other contract documents. Bidder hereby further agrees to pay the
owner as liquidated damages the sum of $100.00 (One Hundred Dollars) for each working day in excess of the
time set forth hereinabove for completion of this project, all as more fully set forth in. the general conditions of the
contract.
Bidder understands and agrees that this bid proposal shall be completed and submitted in accordance with of the
General Instructions to Bidder.
Bidder understands that the Owner reserves the right to reject any or all bids and to waive any formality in the
bidding.
The bidder agrees that this bid shall be good and may not be withdrawn for a period of thirty (30) calendar days
after the scheduled closing time for receiving bids.
The undersigned Bidder hereby declares that he has visited the site of the work and has carefully examined the
�- plans, specifications, and contract documents pertaining to the work covered by this bid, and he further agrees to
commence work on or before the date speed in the written notice to proceed, and to substantially complete the
work on which he has bid; as provided in the contract documents.
(r
R Bidders are required, whether or not a payment or performance bond is required, to submit a cashier's check or
certified check issued by a bank satisfactory to the City of Lubbock, or a proposal bond from a reliable surety
company, payable without recourse to the order of the City of Lubbock in an amount not less than five percent
(S%) of the total amount of the bid submitted as a guarantee that bidder will enter into a contract and execute all
necessary bonds (if required) within 10 days after notice of award of the contract to him.
rEnclosed with this proposal is a Cashier's Check or Certified Check for N A
Dollars ($ N I to ) or a Proposal Bond in the sum of I VE" :W CrAjr _Dollars ($ . 9; ),
which it is agreed shall be collected and retained by the Owner as liquidated damages in the event the proposal is
accepted by the Owner and the undersigned fails to execute the necessary contract documents and the required
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;.
(Seal if Bidder is a Corporation)
ATTEST:
K�iI .I
�/ /
WI LLI AYriS PEMES CANSTi�tit ou (,A,Z]VC,
Contractor
i it / / . tU 9 RMEM,
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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. 22,700 S.Y. 6'of caliche base to extend two feet on each
side of asphalt paving, including site clearance
and subgrade preparation, complete in place,
as shown and as specified, per square yard;
SERVICES: ($ . % . $ S- L4 o c
MATERIALS: ($ " , v $!Z Lle e
TOTAL: $ C a e. e
2. 21,400 S.Y. Paving with 1 1/2" HMAC type "C" surface
including prime coat, tack coat and emulsion,
complete in place, as shown and as specified,
per square yard;
SERVICES:
($ - c $ 1 c o. 0 Z
,.; MATERIALS: ($ o o $ a c vlp
, e
TOTAL: ($ 14. u u $ y G o c- o a
3. 3,000 L. F. 24" Curb and Gutter: 6" concrete curb and
gutter or separate gutter including site clearance
and subgrade preparation, reinforcement and
jointing, complete in place, as shown and as
specified, per linear foot;
SERVICES:
($ 3, L40 ) $ f 13+10t,-0,
PM MATERIALS: ($ 3, c 0 )$
TOTAL: ($ .14 C ) $ 2
BID PROPOSAL
BID FOR UNIT PRICE CONTRACTS
Item Quantities Per Total
No. & Units Description of Item & Unit Prices Unit Amount
4. 30 S. Y. Concrete alley return including all subgrade
preparation, reinforcement and jointing,
complete in place, as shown and as specified,
per square yard;
SERVICES: ($ / G . o e )
$ o , c •
MATERIALS: ($1j
$ PJr 0. c
TOTAL: ($ . . o Q
$ a30.00
5. 60 S.Y. 6" concrete fillets and valley gutters, including
all subgrade preparation, reinforcement and
jointing, complete in place, as shown and as
specified, per square yard;
SERVICES: ($
$ c. c ,
MATERIALS: ($ `. a c
$ 500.0
TOTAL: ($ 21,00
$ os
6. 200 S.Y. 4" concrete driveway, complete in place, as
shown and as specified, per square yard;
SERVICES: ($; $ 0 o c. e e
MATERIALS: $ 0 0 e
TOTAL: ($ o , $ote_c 1
BP-2
BID PROPOSAL
BID FOR UNIT PRICE CONTRACTS
Item Quantities Per Total
No. & Units Description of Item & Unit Prices Unit Amount
7. 13,100 L.F. Ditch, including all excavation or placement
of fill, complete, as shown, specified or directed,
per linear foot;
SERVICES: ($ o $ 2 16. v
MATERIALS: $ —
TOTAL: $ 13.
TOTAL BID (Items 1 through 7)
SERVICES $ I , C! 4 v E
MATERIALS $!
TOTAL $ �2 i 7.'a ci o . .
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law
..
LIST OF SUBCONTRACTORS
This form shall be completed and submitted with the Bidder's Proposal.
Minority Owned
Yes No
1. �UIB C mvo 5, 42t� sb*ST. -5uriE 6
L-ueaocx ,T ?( 7g4-t3 —
2.
3.
4.
S.
6.
7. — —
8.
9.
10.
PM
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FIDELITY AND GUARANTY I ; NCE UNDERWRITERS, INC.
(A Stock Company)
BID BOND
BOND NUMBER ......................................
KNOW ALL MEN BY THESE PRESENTS:
THAT ......
.......................................................... of P,. 0.. ,Box..3907 ?..Lubbock... Texas .... 79452 .
.. . ... .xas .
....................................................................... . as Principal, and the other undersigned,
as Surety, are held and firmly bound unto ..... ......
........................................................................................................................
as Obligee, in the full and just sum of..5%..Qf..,A=Qj4 t;. ZiA....................................................
............................................................................................................... Dollars,
s
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
Bid #13042 — Lubbock Street Paving, Various Locations.
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. September 8, 1994
(Date)
..................................................... (SEAL)
wluIhyss. Ahwu.C.algeia-loo.CA,-MJ(; ..................................................... (SEAL)
ftlg(DW,r FIDELITY AND GUARANTY INSURANCE UNDERWRITERS, INC.
jrpo f' )
............................... . ................... PLC- ...............
Doris Davis Attomey-in-fact
Contract 500 (9-64)
'... v%^ � ,' � i` dh :: � � w ��' � � � +i�: _ ''f''Y �•�c�'�.�r sir r a a W,4
" ,"� =F5'FIDELiT"Y AND GUA�RAyIV1'Y IlvSUItANCE tINDERVWRITERS
'r >iq:4 a n ; � � .:;'+er o � � �!. Ia k •C !* �� �tiS "Ltd ""k•+^ �,' `�° r��. _� y+. ' 2t�jxf * � � }'k� ". � "':�• � T
t O
% f,-: s e 3 pY� r 3+♦rc ¢, TM4 s # i1. { t + o v t.
P WE Y sqF
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� R OF TTORNE _
-239
/2 r r C ^. f e t ..' s , ri> f•: '(' _.. i Vroi+fi h "�L3$'S$-1 5,. #y�r�a .
• -' .. .: i'-- �. ivt ... n•i Y,Y. �:t � k5'!,.t a ��
:::'KNOW ALL MEN BY THESE PRESENTS: That FIDELrrY AND GUARANTY INSURANCE UNDEMR171TAS, INC., a Go son oeganized sad
existing wader the lean of the State of Ohio and having its principal office at the City of Baltimore;ia the State of Maryland, does hereby constitute and appoint
�• Tim Sampson, Lerida Attaway, Alan Henzy and Doris bavi s r
{ r • �+'a d' " _�. ,sus. a e.. ■ __�F+ � "f �$ i *w z.y«. s ` ;x a �' h
w x i
.. • _. .: ", rig st a i_u s w i,*1 ` Y y r `k•s� y is fK�b A s. ,. , "' - ."' ,:'' ";•-; -
of the City of Lubbock �' Sate of .�, Y TP.XdS>' "' # : Y` ` ,ps true and 4wfu1 Attorneys) -in -Fact each in their separate
opacity if mom than one is named above, to sign its name as surety to, and to axewte. real and aelmowledge any and all bonds, undertaldngs, contracts and other "
written instruments in the nature thereof on behalf of the Company in its business of guaranteeing the Ifidelitjr of persons; guaranteeing the performance of contracts; ,.
and executing or guaranteeing bonds and undertakings required or permitted in way actions oiptoeeedi gs allowed bylaw.
In Witness Whereof; the said FIDELITY AND GUARANTY INSURANCE UNDERWRIMatS, INC. bas caused this instrument to be sealed with its
corporate seal, duty attested by the signatures of its Senior Vice President and Assistant SeTtaryy, this 18thday of December ;AM:19 92
FMMAD ARANTY SURAN WRIT F
IarliY QU iN CE UNDER 7RS. INC.
Al •if 7Xf '+G } t ;_rs, s.. � __. � � �s
t
IICddORBfD BY : -
1951 M r.':' r xys }, r-5 �,�•r` x;$o q. ,�y •♦Et •? r-�d a ..
t6 f r } F : r r '1if+ Saenr� Vice Praadent t r
$ } G •r t .� ' �' f��'i'%k5' � 4^`Y.n,� '� � '�. � 5 'r {i• � -f '
�. rg�i 1�y ,1.i .M.s. IM/w+ff�,•• ♦ ki�. ( i M - J N l `� 'ie
SPM
♦ r }s a ea y,1...y.,
STATE OFMARYLM) �o- •tea d sy "+ % dd' .) d f Q £/£ ri$P# ' ,i/St�k i� eki�
'�' 1r1 •is-
� BALTIMORECITY
i On this l8thday of De . A.Q 19. 92 a �Yc" ' ''; ert J. Lamendola
Senior Vice President of the FIDELi Y AIVDC�� INSURANCE INC and " D. '=Sims
Assistant Secretary of said Company, with om I ate personally ' a who bang by me my morn, -said, that they, the said
r' Robert J. Lataendola 1 t atll D. `Si + s�. j= sPcctiw:lytheSenio'VicePresidentaidtheAcvatant
;Secretary of the d FIDELITY AND ry. r IN WRITERS e�o�raUon descn is sad which executed the foregoing Power of
Afomer, that theyeach knew the seal of said co orstto a! aBuxed to weed � was such corporate seal, that it was affixed order of the
%by
. Board of Directors of said corporation. and that sigQe b r nooses thereto a as $error Vree Ptaident and Assistant Secretary. respectively. ofthe
Company.-
myY'+'�tf'7-"�"
Coaunissioa gtpttes"We A.b. i19 9,'j
{ t R
21
na n (Signed) • • } a
r appnp NOTARY UBUC :
This Power of Attorney is grsoted underand by authority of the following Resolutions adopted by the Board of Directors of tie FIDELITY AND
GUARANTY INSURANCE UNDERWRITERS, INC On SC tember 2 1992. t + 'f' x L
P ?t y ,, a a
accordance to with these resolutions Said Powered. of Attu �` for persons
9 ":,teas naps Company, ill bonds, undertakings, contracts and other Attorney
sued +� RESOLVED, that in connection with the fidelt and tosuiana b
r.,
R ents
relating to and business be signed. executed, and aeknowled ed errors or' entities appointed as Attorneys}in. Fact purwaat to a Power of Attorney issued in
_..,, mc P r., Company may and shall r 8�ei or is the name � behalfeat. Jointly
Company.
r Vice President, or a Vice Presidea�t or ae Assistant Vice Pmsiden4 jointly with the
ere�yto sststant President, eras Fxewtive Vice President, or a Servo ofwc6 offuurt may be engraved, printed or litho hed. The signature of each
FM Y their ve dear ahem 'The sn
of the foregoing Co maybe affuad by simile to Power of Attotn or to
' tetary. uadec !nP�Y Y ., �Y. ... Attorney +nY certificate relating thereto appointing
Attorneys}m-Fact forpurposes only�f executing acid attesting bonds.s6d undertakings and other writings obligatory in the nature theteoC and, unless subsequently
revoked and subject to any limitations set forth therein, any such Power of Attorney or certificate bearing such facsimile signature or Scsitaile real shall be valid sad
binding upon the Company and any ace power so executed and certified by such f5<csnmile' signature sad fiarmde saI shall be valid and binding upon the Company
with respect to any bond or undertaking to which it invalidly attached ts. + r„ k ,. by
' RESOLVED, that Attomey(s}in-Fact than have the power and authority, unless subiequini tly revoked and. inany we. subject to the terms and limitations °.
of the Power of Attorney issued to them, to execute and deliver on behalf of the Company and to attach the seal of the Company to any and aU bonds and undertakings;'
ng , ' s}tn Fact shall be as binding upon the Company as deigned bi
tad otherwriti s obligatory in the astute thereof, and say ach tasttumeat exewted by aeh Attorney(
an Executive Officer and sealed and rdtested to by the Secretary of the Company.
1. Paul D. ,Site$ v �; ., `.an Assistant Secmtuy of ti►e FIDEIJi1C AND (iUARAN [Y INSURANCE
UNDERWRITERS, INC., do hereby certify that the tiuegoing'is a tau etccerpt from the Resolution of the said Company as adopted by its Bard of Directors ou
September 24. 1992 and that this Resolution is in full force and effect
i. the undersigned Assistant Secretary of the FIDELrIY AND GUARANTY INSURANCE UNDERWRMM& INC. do hereby eertdy that the foregoing
PowerofAttornry it in full force and effect and has not been revoked 'a . a r:., =a wg;� r z .+"'` . ,� ;' r „f.� �q '
of
In Testimony Whereof, I have hersvoto see my hod and the teal of ELiTY GUARANTY INSURANCE UNDERWRITERS. INC. oa thu
Sth day of Septembe .19 94
. _ ''1 -gyp s • r - 'M
r is nyn. r d �r .b <.� g ' •. ,.:t
4.
FS 81 (1Q92) 1951 Assistant secretary
h'
a
PAYMENT BOND
r"
rW
STATUTORY PAYMENT BOND PURSUANT TO ARTICLE 5160
OF THE REVISED CIVIL STATUTES OF TEXAS
AS AMENDED BY
ACTS OF THE 56TH LEGISLATURE, REGULAR SESSION,
1959
KNOW ALL MEN BY THESE PRESENTS, that 'PAW "&w 6 ' (hereinafter called the Principal(s), as
Principal(s), and
r
f (hereinafter called the Surety s), as Surety(s), are held and fARMS City of Lubbock (hereinafter called the Obligee), in
the amount o€�t M �iuns�i A 1'gAt'6 X' 3! fhmlawful money of the United States for the
payment whereof, the said Principal and Surety bind themselves, and their heirs, administrators, executors, successors and assigns,
jointly and severally, firmly by these presents.
WHEREAS, the Principal has entered into a certain written contract with the Obligee, darted the d4r/ day of
t- r) , 193!�-, to
CtV�
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.
R
NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the said Principal shall pay all
claimants supplying labor and material to him or a subcontractor in the prosecution of the work provided for in said contract, then,
r" 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
r� 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.
IN WITNESS WHEREOF, the said Principal (s) and Surety (s) have signed and sealed this instrument this X.46 day of
r 19y
WILLIAM$ PET�ies C VSVJtCTJbh m
r" Surety BOND CHECK A Principal
BEST RATING
r- *By: LICENSED IN TEXAS By: J �s� �✓
(Title) DATE '"/fy BY �' (Title) S 1—
GZ�+ By:
(Title) `
By.
+„ (Title)
Tlie undersigned surety company represents that it is duly qualified to do business in Texas, and hereby designates
AA As—. _an agent resident in Lubbock County to whom any requisite notices may be delivered and on whom service
of process may be ad in matters arising out of such suretyship. --
Sur
* By:
(Title)
Approved as to form: �2z ! a
City of Lubbock ,
Y�
ity Attorney
* Note: If signed by an officer of the Surety Company there must be on file a certified extract from the by-laws showing that this
person has authority to sign such obligation. If signed by an Attorney in Fact, we must have copy of power of attorney for our files.
r
N° 3996
r
i
FIDELITY AND GUARANTY INSURANCE UNDERWRITERS, INC.
-AlPOWER OF ATTORNEY
NO. 239
rM
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 the City of Baltimore, is the State of Maryland, does hereby constitute and appoint
Tim Sampson, Linda Attaway, Alan Henry and Doris Davis
of the City of Lubbock , State of Texas its true and lawful Attomey(s)-in-Fact, each in their separate
capacity if more than one is named above, to sign its name as surety to, and to execute, seal and acknowledge any and all bonds, undertakings, contracts and other
written instruments in the nature thereof on behalf of the Company in its business of guaranteeing the fidelity of persons; guaranteeing the performance of contracts;
and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law.
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 Senior Vice President and Assistant Secretary, this 18thday of December A.D. 19 92
FIDELITY AND
DD GUARANTY INSURANCE UNDERWRITERS, INC.
W1951
(Signed) By................................'
.-r -nior Vice President
�.
(Signed) By........ �. .....................
�( VVAssistant Secretary
STATE OF MARYLAND) SS. 1� 1�
BALTIMORE CITY ) ��
On this 18thday of DeCetnbe , A.D. 19 92, befo ersonally came R ert J . Lamendola
Senior Vice President of the FIDELITY AND GU � INSURANCE 74intY
E RS, INC. and I) , Sims
Assistant Secretary of said Company, with bQtl tkhom I am personally who being by me s my sworn, said, that they, the said
Robert J. Lamendola �* aul D. Si v spectivelythe Senior Vice President and the Assistant
Secretary of the said FIDELITY AND ciJARANTY INSURA RWRITERS, INC eiporalion described in and which executed the foregoing Power of
Attorney; that they each knew the seal of said corporationA eal affixed to said ttoruey was such corporate seal, that it was so affixed by order of the
Board of Directors of said corporation, and that thh siege h tr names thereto by�r�Ce as Senior Vice President and Assistant Secretary, respectively, ofthe
Company. C ' t {��}V
My Commission expires the 11 t1 j71 day in M L1S A.D. 19 g 5 .
�`' / e� ..� .. � (Signed) Q,,...
���y ,1 NOTARY PUBLIC
This Power of Attorney is granted under and by authority of the following Resolutions adopted by the Board of Directors of the FIDELITY AND
GUARANTY INSURANCE UNDERWRITERS, INC. on September 24, 1992:
RESOLVED, that in connection with the fidelity and surety insurance business of the Company, all bonds, undertakings, contracts and other instruments
relating to said business may be signed, executed, and acknowledged by persons or entities appointed as Attomey(s)-in-Fact pursuant to a Power of Attorney issued in
accordance with these resolutions. Said Power(s) of Attorney for and on behalf of the Company may and shall be executed in the name and on behalf of the Company,
either by the Chairman, or the President, or an Executive Vice President, or a Senior Vice President, or a Vice President or an Assistant Vice President, jointly with the
Secretary or an Assistant Secretary, under their respective designations. The signature of such officers may be engraved, printed or lithographed. The signature of each
of the foregoing officers and the seal of the Company may be affixed by facsimile to any Power of Attorney or to any certificate relating thereto appointing
Attomey(s)-in-Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof, and, unless subsequently
revoked and subject to any limitations set forth therein, any such Power of Attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and
binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding upon the Company
with respect to any bond or undertaking to which it is validly attached.
RESOLVED, that Attorney(s}in-Fact shall have the power and authority, unless subsequently revoked and, in any case, subject to the terms and limitations
of the Power of Attorney issued to them, to execute and deliver on behalf of the Company and to attach the seal of the Company to any and all bonds and undertakings,
and other writings obligatory in the nature thereof, and any such instrument executed by such Attorey(s)-in-Fact shall be as binding upon the Company as if signed by
an Executive Officer and sealed and attested to by the Secretary of the Company.
I, Paul D . Sims , an Assistant Secretary of the FIDELITY AND GUARANTY INSURANCE
UNDERWRITERS, INC., do hereby certify that the foregoing is a true excerpt from the Resolution of the said Company as adopted by its Board of Directors on
September 24, 1992 and that this Resolution is in full force and effecL
I, the undersigned Assistant Secretary of the FIDELITY AND GUARANTY INSURANCE UNDERWRITERS, INC. do hereby certify that the foregoing
Power of Attorney is in full force and effect and has not been revoked.
In Test' �'°n�Whereof, I have hereunto set my hand and the seal P
ELITY A GUARANTY INSURANCE UNDERWRITERS, INC- on this
day of 2�/�71=C1Wn0XWP4X%M
/ , 19 ff�. /� y
/ ......•.J.........................
FS 81 (10-92) 1951
Assistant Secretary
f
PW
PERFORMANCE BOND
a
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
r
(hereinafter caged the Sure (s), as Surety(sM ),a c: ems d E*oam'id
nto the City of Lubbock (hereinafter called the Obligee), in
the amount of f 19,4 oil lawful money of the United States for the
+^ payment whereof, the said Principal and Surety bind themselves, and their heirs, administrators, executors, successors and assigns,
jointly and severally, firmly by these presents.
�., WHEREAS, the Principal has entered into a certain written contract with the Obligee, dated the &day of
19fy, to
f ..J
and said principal under the law is required before commencing the work provided for in said contract to execute a bond in the
amount of said contract which contract is hereby referred to and made a part hereof as fully and to the same extent as if copied at
length herein.
NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the said Principal shall faithfully
perform the work in accordance with the plans, specifications and contract documents, then this obligation shall be void; otherwise
to remain in full force and effect.
,., PROVIDED, HOWEVER, that this bond is executed pursuant to the provisions of 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.
IN WITNESS WHEREOF, the said Principal (s) and Surety (s) have signed and sealed this instrument this day of
1991'.
-
Surety
,..
W1LLIAIM-i ECTEC5 CONS1RctMW Q 1V
Principal
•
By:
BOND CHECK
By
� _
2 7A
(Title)
BEST RATING
L/'
^ — _
' K E 51 E1JT
LICENSED IN TEXAS ,
(Title)
DATE 5
r `
By:
;� •-
_ ;
(Title)
By.
(Title)
pow
The undersigned surety company represents that it is duly qualified to do business in Texas, and hereby designates
d1,tM an agent resident in Lubbock County to whom any requisite notices may be delivered and on whom service of
process may had in matters arising out of such suretyship.
*By: 4
(Title) 9 A
Approved as to Form �'"a _.
City of Lubbock
By:
ity At y
* 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.
. 1.
�1 _
r-
7
•N°
FIDELITY AND GUARANTY INSURANCE UNDERWRITERS, INC.
POWER OF ATTORNEY
NO. 239
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 the City of Baltimore, in the State of Maryland, does hereby constitute and appoint
Tim Sampson, Linda Attaway, Alan Henry and Doris Davis
of the City of Lubbock , State of Texas its true and lawftd Attomey(s)-in-Fact, each in their separate
capacity if more than one is named above, to sign its name as surety to, and to execute, seal and acknowledge any and all bonds, undertakings, contracts and other
written instruments in the nature thereof on behalf of the Company in its business of guaranteeing the fidelity of persons; guaranteeing the performance of contracts;
and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law.
In Witness Wbemo& the said FIDELIIY AND GUARANTY INSURANCE UNDERWRITERS, INC. has caused this instrument to be sealed with its
corporate seal, duly attested by the signatures of its Senior Vice President and Assistant Secretary, this 18 thday of December . A.D. 19 92.
FIDELITY AND GUARANTY INSURANCE UNDERWRITERS, INC.
/1=10006=4Mh (Signed) By..... ...... ...............................
1951 Senior vice President
.`
(Signed) By.......... .[�ih[......... ...................
STATE OF MARYLAND) �( t�
4o Assistant Secrttary
BALTIMORE CITY ) SS:
Onthis 18thdayof December v .A.D. 19 92,befoEe nallycame ert J. Lamendola
Senior Vice President of the FIDELITY AND GU/1 INSURANCEnUNE$ RS, INC. and D . Sims
Assistant Secretary of said Company, with b�� horn I am personallyo whobang by mes� uty sworn, said, that they, the said
Robert J. Lamendola i�L Yaul D. Si the
r�leTespecdveaytheSeaiorvicePresidentandtheAtsiatant
Secretary ofthe said FIDELITY AND NTY IN2vairnanwsthemto
RWRITERS, INC e��piporation described in and which executed the foregoing Power of
Attorney; that they each knew the seal of said corporation -I affixed to said P ttorney was such corporate seal, that it was to affixed by order of the
Board of Directors of said corporation, and that the sit ire u Senior Vice President and Assistant Secretary, rsspectivdy, of the
Company. [ r
My Commission expires the 110 day in AD, 19 95 .
e(Si�Ded) . Q...... ..... NOTARY PUBLIC
This Power of Attorney is granted under and by authority of the following Resolutions adopted by the Board of directors of the FIDELITY AND
GUARANTY INSURANCE UNDERWRITERS. INC. on September 24, 1992: _
RESOLVED, that in connection with the fidelity and surety insurance business of the Company, all bonds, undertakings, contracts and other instruments
relating to said business may be signed. executed, and acknowledged by persons or entities appointed as Attorneys) -in -Fact pursuant to a Power of Attorney issued in
accordance with these resolutions. Said Power(s) of Attorney for and on behalf of the Company may and shalt be executed in the name and on behalf of the Company,
either by the Chairman. or the President, or an Executive Vice President, or a Senior Vice President, or a Vice President or an Assistant Vice President. jointly with the
Secretary or an Assistant Secretary, under their respective designations. The signature of such officers may be engraved, printed or lithographed. The signature of each
of the foregoing officers and the seal of the Company may be affixed by facsimile to any Power of Attorney or to any certificate relating thereto appointing
Attomey(s)-in-Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory, in the nature thereof, and, unless subsequently
revoked and subject to any limitations set forth therein, any such Power of Attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and
binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding upon the Company
with respect to any bond or undertaking to which it is validly attached.
RESOLVED; that Attomey(s)-in-Fact shall have the power and authority, unless subsequently revoked anti, in any case, subject to the terms and limitations
of the Power of Attorney issued to them, to execute and deliver on behalf of the Company and to attach the seal of the: Company to any and all bonds and undertakings,
and other writings obligatory in the nature thereof. and any such instrument executed by such Attomey(s)-in-Fad "I be as binding upon the Company as if signed by
an Executive Officer and sealed and attested to by the Secretary of the Company.
1. Paul D . Sims , an Assistant Secretary of the FIDELITY AND GUARANTY INSURANCE
UNDERWRITERS, INC., do hereby eedW that the foregoing is a true excerpt from the Resolution of the said Compsny as adopted by its Board of Directors on
September 24, 1992 and that this Resolution is in full force and effect
1. the undersigned Assistant Secretary of the FIDELITY AND GUARANTY INSURANCE UNDERWRITERS, INC. do hereby certify that the foregoing
Power of Attorney is in full force and effect and has not been revoked.
InTest* o Whereof, I have hereunto set my hand and the seal oft ELITY ;rARANTY INSURANCE UNDERWRITERS, INC. on this
��k. day of JAs�t/ ,19J
HC�PORIIiFD ........ ........
FS 91 (10-92) 1951 Assistant Secretary
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CERTIFICATE OF INSURANCE
..�_ CERTIFICATE OF INSURANCE "REVISED" jjDATE(MHIDDIYY) 09/28/91 -�
PHODUCBB--------------------------------------------------THIS CERTIFICATE IS ISSUED AS A KATTBB OF INFORKATION ONLY AHD==-=-----1
I CONFERS NO BIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE i
I ALAN HENRY INSURANCE I DOES NOT AKEID, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE 1
P. 0. BOX 2399 POLICIES BELOW.
LUBBOCK, T% 79408-2399 �---------------------- CONPAIIBS AFFORDING COYBRAGB - _�
-------------- ----------------------------------------
,.,1 (806) 792-3771 I COMPANY 1
�_ ••�---------------------------------------------------------------------------------------------------------------------- A-__ ABTNA_CASUALTY_A_SURETY
----------------------------------------------------- I -------------------------------------I
INSUBEO LITTER B COLONIAL CASUALTY INSURANCE CO
WILLIAMS 6 PETERS CONSTRUCTION CO., INC. ------------------------------------------------------------------------
17 1 P. 0. BO% 3907 I COMPANY 1
` LUBBOCK, TX 79152 LITTER C
---------------------------------------------------------------------
Y
----------- ---- ---- -- - -- - ------------- _LETTER---D---------- ----- - ----- - - -COVERAGES
----------
THIS THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE HIRE ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD 1
1 INDICATED NOTWITHSTANDING ANY RBQUIREKENT TERN OR CONDITION OF ANY CONTRACT OR OTHER DOCUKBIT WITH RESPECT TO WHICH THIS 1
CERTIFICATE NAY BE ISSUED OR MAY ePERTAIN fHE INSURANCE AFFORDED BY THE POLICES DESCRIBED HBRRIN IS SUBJECT TO ALL THE TREKS, 1
-EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN KAY HAVE BERM REDUCED BY PAID CLAIKS.
--------------------------------------------------------------------------------------------------------------------------
I CO POLICY EFFECTIVE ' POLICY EXPIRATION ' 1
-LTR ; TYPE OF INSURANCE POLICY NUMBER ; DATE(KKIDD/YY) DATE(KM/DDIYY) I LIMITS
--------------------------------------------------------------------------------------------------------------------------------
111RRRAL LIABILITY
]jCOKCLGEEMDLIA00
j OAIII'S A CbI�
PHOT
071GL823094CCA
(See "Other"
------------------------------------------
'AUTOMOBILE LIABILITY '
1 I ANY AUTO 1 071FJ1163983CCF
ALL OWNED AUTOS I
SCHEDULED AUTOS 1
X HIRED AUTOS 1
I NOR -OWNED AUTOS `
GENERAL AGG '
I 06/06/91 I 06/06/95 I PROD-COKPIOP AGG1
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2,000,0001
2,000,0001
I I I PEES & AD INJ I
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I I 1 BOP6RTY DAKA E I
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1 'GARAGE
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LIABILITY '
' ' ' AUTO OILY -BA ACC'f
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ANY AUTO 1
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UMBRELLA FORK 1071IS2110596OCCA
1 06/06/91 ) 06/06/95 1 AGGREGATE 1
5:0001,0001
I , 1 OTHER THAN UMBRELLA ,
-------------------------------------------------------------------------------------------------------------------------------
--- ' WORKER'S COMPENSATION 6'
1_ 1 I
, , , ,
-R-ATUTOEY LIK'
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KC941038
09101194 09�O1195 BACH ACCIDENT
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DISEASE-EA BNP
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�- BX 0 FS ARE: ll JJ E%CL;rr
500,000 �
----------
1 A IOTHEB Owners & I TBD
j 9-8-94 1 9-8-95 j ggregate j
500,000
1 (Contractors INamed Insured:
Cit}t of Lubbock I Occurrence 11500,000
1
7I (Protective Liabi*ty-
I i i I
I
---------------- ---------------------------------------------------------------------------------------------
1 DESCRIPTION OF OPERATIONSAOCATIONS/VBHICLBS(SPECIAL
1
ITEMS
1
1
OBRTIFICATB HOLDER IS ADDITIONAL INSURED AS BSPECTS
GENERAL AID AUTOMOBILI
0..1 LIABILITY.
1 JOB REFERENCE: BID 113012-CITY OF LUBBOCK STREET PAVING -VARIOUS LOCATIONS
I-
1
1
---------- 1
I-=-----------------------------=----====
CERTIFICATE HOLDER
__-_=__'=___-_---____--_--
CANCELLATION
- -------------------------------------------------------------------
1
I1
------------------------------------------
' SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE 1
1 EXPIRATION DATE THBRBOF THE ISSUING COMPANY WILL ENDEAVOR TO 1
;1 CITY OF LUBBOCK
1 NAIL 10 DAYS WBITTH NOTICE TO THE CERTIFICATE HOLDER NAKED TO THE 1
I OFFICE OF PUECHASIIG
I LEFT -BUT-FAILURE TO NAIL SUCH NOTICE SHALL IKPOSB NO OBLIGATION OB I
UPON REPRESENTATIVES.
r. P. 0. BO% 2000
LIABILITY OF ANY RIND THE COMPANY, ITS AGENTS OR
1--------
LUBBOCR, TX 79457
LUBBOCK,
I
------------------------------------
I AUTHOHIZ------B6SENTATIVB ------ ---------------------------------
(
I
=ACORD 25-5(3193)--_-_--'•--------------------------------------=----=---------------------------• _---------------------------�
0.,
HUD CERTIFICATIONS
SECTION MSTATEMENT OF WORK FORCE NEEDS
CERTIFICATION IN COMPLIANCE WITH
SECTION 109 OF PUB. L. 100-202
REGARDING RESTRICTIONS ON THE AWARD
OF CERTAIN CONTRACTS AND SUBCONTRACTS
TO FOREIGN COUNTRIES
(a) Definitions. The definitions pertaining to this provision are those that set forth in the clause entitled "Restrc6ons on -
Public Works Projects."
(b) Certification. Except as provided in paragraph (c) of this provision, by submission of its bid or proposal, tie bidder
certifies that it:
(1) Is not a Contractor of a foreign country included on he list of countries that discriminate against U. S. firms
published by the Office of the United States Trade Representative (USTR) (see paragraph (h) of this provision);
(2) Has not or will not enter into any subcontract with a subcontractor of a foreign country included on the list of
countries that discriminate against U.S. firms published by the USTR; and
(3) Will not provide any product of a country included on the list of foreign countries that discriminate against U.S.
firms published by USTR.
(c) Inability to certify. A bidder unable to certify in accordance with paragraph (b) of this provision shall submit with its offer
a written explanation fully describing the reasons for its inability to make the certification.
f" (d) Applicability of 18 U.S.C. 1001. The certification in paragraph (b) of this provision concerns a matter within the
jurisdiction of an agency of the United States, and the making of a false, fictitious, or fraudulent certification may render the
maker subject to prosecution under Title 18, U.S.C. 1001.
(e) Notice. The bidder shall provide immediate written notice to the Contracting Officer, if, at any time before the contract
award, the bidder learns that its certification was erroneous when submitted or has become erroneous by reason of changed
circumstances.
(f) Restrictions on contract award. Unless a waiver to these restrictions is granted by the Secretary of Housing and Urban
Development, no contract will be awarded to a bidder (1) who is owned or controlled by a citizen or national of a foreign
.- country included on the list of foreign countries that discriminate against U.S. firms published by the USTR, (2) whose
subcontractors are owned or controlled by citizens or nationals of a foreign country on the USTR list in the public works
project.
(g) Rccordkccping. Nothing contained in he foregoing shall be construed to require establishment of a system of records in
order to render, in good faith, the certification required by paragraph (b) of this provision. The knowledge and information
of a bidder is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business
r dealings.
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(h) USTR List. The USTR published an initial list in the Federal Register on December 30, 1987 (53 FR 49244), which
identified one Country - Japan. The USTR can add countries to the list, and remove countries from it, in accordance with
section 109(c) of Pub. L. 100-202.
WILLIAN6 PE11FES P-oN5T7RUXTIO CR.TNC.
Contractor
By: - FPESIj)EITf
(Seal if Bidder is a Corporation)
ATTEST:
etary--
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CONTRACTOR INFORMATION
TO: City of Lubbock DATE:
P.O. Box 2 O -
Lubbock, Texas 79457 PROJECT NUMBER
CDwO: /3011Z
PROJECT NAME: L'/TY Df LL 866C'
hrR 7- PA ✓/NG - VARIQUI ZQYrIDAIS
1. The undersigned, having submitted a bid to the City of Lubbock for the construction of the above identified project, certifies
that:
(a) The legal name and business address (including zip code) of the undersigned is: WILL I AM5 � PETERS
l'�NSTkuf'TION r 0, . =NC. -E ROX . 390 i. ,L 999-akr ZX 79VS2
2. The undersigned is:
(a) A single proprietorship (list sole owner).
(b) A partnership (list all partners).
(c)_ A corporation (names of all principals and their titles).
President: -a2a IV w I LU A M S
Vice -President: C-AR MA) TE Mle-5
Secretary/Treasurer: -BETTY Lo l LL,1 AmS
3. The Taxpayer Identification Number for the undersigned is (whichever is applicable):
(a) Employer Identification Number (Federal Identification Number):
�- ?'5 = /3 S qd
(b) Social Security Number:
4. If awarded this bid for the aforementioned project, the undersigned agrees to forward to the City of Lubbock within ten
days after the execution of any subcontractor(s) a list of all subcontractors who will be employed on said project. This list
will consist of the subcontractor's legal name and business address.
WJUTA S PE�,P5 CAWS-OWMAI ge,
Contractor
Date: / — ' 0 ' 94
No Text
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CONTRACT
STATE OF TEXAS
COUNTY OF LUBBOCK
THIS AGREEMENT, made and entered into this 22nd day of September, 1994, 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 COMPANY. 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 CONTRACTOR hereby
agrees with OWNER to commence and complete the construction of certain improvements described as follows:
BID #13042 - CITY OF LUBBOCK STREET PAVING - VARIOUS LOCATIONS FOR 5217,490.00
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 executed this agreement in Lubbock, Lubbock County, Texas in the
year and day first above written.
CONTRACTOR:
WILLIAMS & PETERS CONSTRUCTION CO., INC.
TITLE:ESI�ENT
COMPLETE ADDRESS:
P.O. Box 3907
Lubbock, Texas 79452
GENERAL CONDITIONS OF THE AGREEMENT
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1.
2.
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3.
r 4.
6.
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7.
8.
9.
10.
r' 11.
I
12.
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13.
rM
14.
15.
16.
17.
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19.
20.
21.
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22.
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23.
24.
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�.:. 26.
s
INDEX TO GENERAL CONDITIONS
OWNER
CONTRACTOR
OWNER'S REPRESENTATIVE AND ARCHITECT OR CONSULTING ENGINEER
CONTRACT DOCUMENTS
INTERPRETATION OF SPECIFICATIONS OR DRAWINGS
SUBCONTRACTOR
ASSIGNMENT
WRITTEN NOTICE
WORK
SUBSTANTIALLY COMPLETED
LAYOUT OF WORK
KEEPING OF PLANS AND SPECIFICATIONS ACCESSIBLE
RIGHT OF ENTRY AND INSPECTION
LINES AND GRADES
ARCHITECTS AUTHORITY AND DUTY
SUPERINTENDENCE AND INSPECTIONS
CONTRACTOR'S DUTY AND SUPERINTENDENCE
CONTRACTOR'S UNDERSTANDING
CHARACTER OF WORKMEN
CONSTRUCTION PLANT
SANITATION
OBSERVATION AND TESTING
DEFECTS AND THEIR REMEDIES
CHANGES AND ALTERATIONS
EXTRA WORK
DISCREPANCIES AND OMISSIONS
27.
28.
29.
30.
31.
32.
33.
34.
35.
36.
37.
38.
39.
40.
41.
42.
43.
44.
45.
46.
47.
48.
49.
50.
51
52
53
RIGHT OF OWNER TO MODIFY METHODS AND EQUIPMENT
PROTECTION AGAINST ACCIDENT TO EMPLOYEES AND THE PUBLIC
CONTRACTOR'S INSURANCE: SCOPE OF INSURANCE AND SPECIAL HAZARDS
PROTECTION AGAINST CLAIMS OF SUBCONTRACTORS, LABORERS, MATERIALMEN, AND FURNISHERS OF
MACHINERY, EQUIPMENT AND SUPPLIES.
PROTECTION AGAINST ROYALTIES OR PATENT INVENTION
LAWS AND ORDINANCES
TIME FOR COMPLETION AND LIQUIDATED DAMAGES
TIME AND ORDER OF COMPLETION
EXTENSION OF TIME
HINDRANCE AND DELAYS
QUANTITIES AND MEASUREMENTS
PROTECTION OF ADJOINING PROPERTY
PRICE FOR WORK
CONSTRUCTION SCHEDULE AND PERIODIC ESTIMATES
PAYMENTS TO CONTRACTOR
PAYROLLS AND BASIC PAYROLL RECORDS OF CONTRACTOR AND SUBCONTRACTOR
MINIMUM WAGES
POSTING WAGE DETERMINATION DECISIONS AND AUTHORIZED WAGE DEDUCTIONS
EMPLOYMENT OF LABORERS OR MECHANICS NOT LISTED IN AFORESAID WAGE DETERMINATION
DECISIONS
SPECIFIC COVERAGE OF CERTAIN TYPES OF WORK BY EMPLOYEES
UNDERPAYMENTS OF WAGES OR SALARIES
ANTICIPATED COSTS OF FRINGE BENEFITS
FRINGE BENEFITS NOT EXPRESSED AS HOURLY WAGE RATES
OVERTIME COMPENSATION REQUIRED BY CONTRACT WORK HOURS AND SAFETY STANDARDS ACT (76
STATE. 357-360: TITLE 40 U.S.C., SECTIONS 327-332)
EMPLOYMENT OF APPRENTICES/TRAINEES
EMPLOYMENT OF CERTAIN PERSONS PROHIBITED
REGULATIONS PURSUANT TO SO-CALLED "ANTI -KICKBACK ACT"
54. COMPLAINTS, PROCEEDINGS OR TESTIMONY BY EMPLOYEES
55. CLAIMS AND DISPUTES PERTAINING TO WAGE RATES
56. QUESTIONS CONCERNING CERTAIN FEDERAL STATUTES AND REGULATIONS
57. FINAL COMPLETION AND ACCEPTANCE
58. FINAL PAYMENT
59. CORRECTION OF WORK BEFORE FINAL PAYMENT FOR WORK
60. CORRECTION OF WORK AFTER FINAL PAYMENT
61. PAYMENT WITHHELD
62. DELAYED PAYMENT
63. TIME OF FILING CLAIMS
64. ARBITRATION
65. ABANDONMENT BY CONTRACTOR
66. ABANDONMENT BY OWNER
67. LOSSES FROM NATURAL CAUSES
69. INDEPENDENT CONTRACTOR
69. CLEANING UP
70. CONTRACTOR' RIGHT TO TERMINATE
71. RIGHT OF THE OWNER TO TERMINATE CONTRACT
72. BREACH OF FOREGOING FEDERAL LABOR STANDARDS PROVISIONS
73. INTEREST OR MEMBER OF OR DELEGATE TO CONGRESS
74. OTHER PROHIBITED INTERESTS
75. SPECIAL EQUAL OPPORTUNITY PROVISIONS
76. CERTIFICATION OF COMPLIANCE WITH AIR AND WATER ACTS
77. SPECIAL CONDITIONS PERTAINING TO HAZARDS SAFETY STANDARDS AND ACCIDENT PREVENTION
78. NONDISCRIMINATION AGAINST THE HANDICAPPED (SEC. 504)
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GENERAL CONDITIONS OF THE AGREEMENT
OWNER
Whenever the word "Owner", or the expression "Party of the First Part", or "First Party", are used in this Contract, they
shall be understood as referring to the City of Lubbock, Texas.
Whenever the word "Contractor", or the expression "Party of the Second Part", or "Second Party", are used, they shall be
understood to mean the person, persons, co -partnership or corporation, to wit: WILLIAMS AND PETERS
CONSTRUCTION COMPANY, INC., who has agreed to perform the work embraced in this Contract, or to his or their
legal representative.
OWNER'S REPRESENTATIVE AND ARCHITECT OR CONSULTING ENGINEER.
a. Whenever the term Owner's Representative is used in this Contract, it shall be: understood as referring to LARRY
HERTEL, CITY ENGINEER, of the City of Lubbock, or to such other representative, supervisor or inspector as
7 may be authorized by said Owner to act as Owner's Representative under this Agreement. Owner's Representative
may designate engineers, supervisors or inspectors who will act for Owner under the direction of Owner's
Representative, but such engineers, supervisors or inspectors shall not directly supervise the Contractor or men
.• acting in behalf of the Contractor. The Owner's Representative shall have authority to approve change orders
r involving a decrease or increase in cost of Five Thousand ($5,000.00) Dollars or less.
b. Owner has designated LARRY HERTEL, CITY ENGINEER, to perform the duties of Architect or Consulting
Engineer on the project to be constructed pursuant to this Contract. The Architect or Consulting Engineer will
administer this Contract during construction and until final payment is due or until the Owner's Representative
terminates, modifies or limits the duties which are the responsibility of the Architect as hereinafter set forth, in
which case the Owner's Representative or his appointed agent shall perform any duties so terminated, limited or
modified. The word "Architect" when used in this agreement shall mean either Architect or Consulting Engineer.
4. CONTRACT DOCUMENTS
The Contract's Documents shall consist of the Notice to Bidders, Information for Bidders, Bid Proposal, Signed Agreement,
Statutory Bonds (if required), General Conditions of the Agreement, Exhibits A and B to the General Conditions, Special
Conditions of the Agreement (if any), Specifications, Drawings, Insurance Certificate and all other documents made
available to Bidder for his inspection in accordance with the Notice to Bidders, as well as all Addenda issued prior to the
execution of the Signed Agreement, and all Modifications, such as Change Orders, written interpretations and written
orders for minor changes in the work which are issued by the Architect as hereinafter authorized. The intent of the
Contract Documents is to include all items necessary for the proper execution and completion of the work. The Contract
Documents are complementary, and what is required by any one shall be as binding as if required by all. Work not covered
in the Contract Documents will not be required unless it is consistent therewith and reasonably inferable therefrom as being
necessary to produce the intended results.
In the event Special Conditions are contained herein as part of the Contract Documents and said Special Conditions conflict
with any of the General Conditions contained in this Contract, then in such event the Sp xW Conditions shall control.
The Contract Documents shall not be construed to create any contractual relationship of any kind between the Architect and
the Contractor.
S. INTERPRETATION OF SPECIFICATIONS OR DRAWINGS
Whenever in the Specifications or Drawings accompanying this Agreement the terms of description of various qualities
relative to finish, workmanship or other qualities of similar kind which cannot, from their nature, be specifically and clearly --
described and specified, but are necessarily described in general terms, the fulfillment of which must depend on individual
judgment, then, in all such cases, any question of the fulfillment of said Specifications or Drawings shall be decided by the
Architect, and said work shall be done in accordance with his interpretations of the meaning of the words, terms or clauses
defining the character of the work.
6. SUBCONTRACTOR
A subcontractor is a person or entity who has a direct contract with the Contractor to perform any of the work at the site.
The Contractor may utilize the services of specialty subcontractors on those parts of the work which, under normal
contracting practices, are performed by specialty subcontractors.
The Contractor shall not award any work to any subcontractor without prior written approval of the Owner's Representative,
which approval will not be given until the Contractor submits to the Owner a written statement concerning the proposed
award to the subcontractor, which statement shall contain such information as the Owner may require.
The Contractor shall be as fully responsible to the Owner for the acts and omissions of his subcontractors, and of persons
either directly or indirectly employed by them, as he is for the acts and omissions of persons directly employed by him.
The Contractor shall cause appropriate provisions to be inserted in all subcontracts relative to the work to bind
subcontractors to the Contractor by the terms of the General Conditions and other Contract Documents insofar as applicable
to the work of the subcontractors and to give the Contractor the same power to terminate any subcontracts and to give the
Contractor the same power to terminate any subcontract that the Owner may exercise over the Contractor under any
provision of the Contract Documents.
Nothing contained in his Contract shall create any contractual relation between any subcontractor and the Owner or the
Architect, and said subcontractor will look exclusively to the Contractor for any payments due subcontractor.
7. ASSIGNMENT
The Contractor agrees that he will retain personal control and will give his personal attention to the fulfillment of this
Contract. The Contractor further agrees that assignment of any portion or feature of the work or materials required in the
performance of this contract shall not relieve him from his full obligations to the Owner, as provided by this Contractual
Agreement.
8. 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.
All directions, instructions or notices required or authorized to be given under these Contract Documents from the Owner,
Owner's Representative or Architect to the Contractor shall be in writing.
9. WORK
The work comprises the completed construction required by Contract Documents and includes all labor necessary to
produce such construction, and all materials and equipment incorporated or to be incorporated in such construction.
s
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10. SUBSTANTIALLY COMPLETED
The term "substantially completed" means that the structure or project contemplated by the Contract Documents has been
made suitable for use or occupancy, or the facility is in a condition to serve its intended purpose, but still may require minor
miscellaneous work and adjustment.
11. LAYOUT OF WORK
Except as specifically provided herein, the Contractor shall be responsible for laying out all work and shall accomplish this
work in a manner acceptable to the Architect. The Architect will check the Contractor's layout of all major structures and
any other Iayout work done by the Contractor at the Contractor's request, but this check does not relieve the Contractor of
the responsibility of correctly locating all work in accordance with the Plans and Specifications.
12. KEEPING OF PLANS AND SPECIFICATIONS ACCESSIBLE
The Contractor shall be furnished with two (2) copies of all Drawings, Profiles, and Specifications without expense to him
and he shall keep one (1) copy of same consistently accessible on the job site.
13. RIGHT OF ENTRY AND INSPECTION
The Architect shall at all times have access to the work wherever it is in preparation and progress.
The Architect will make periodic visits to the site at intervals appropriate to the state of construction to observe the progress
and quality of the executed work and to determine, in general, if the work is proceeding in accordance with the Contract
Documents. He will not be required to make exhaustive or continuous on -site inspections to check the quality or quantity of
the work. Furthermore, the Architect will not have control or charge of and will not be responsible for the construction
means, methods, techniques, sequences or procedures, or the safety precautions incident thereto. His efforts will be directed
+ towards providing assurances for the Owner that the completed project will conform to the, requirements of the Contractor
Documents, 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 protect the Owner against defects and deficiencies in the work of the Contractor.
The authorized representative and agents of the Owner shall be permitted to inspect all work, material, payrolls, records of
personnel, invoices of materials and other relevant data and records.
The Owner reserves the right to perform work related to the project with his own forces, and to award separate contracts in
°^ connection with other portions of the project or other work on the site of the Contract. If the Contractor claims that delay or
additional costs are involved because of such action by the Owner, he shall make such claim as provided elsewhere in the
Contract Documents.
14. LINES AND GRADES
All lines and grades shall be furnished by the Owner's Representative whenever necessary for the commencement of the
work contemplated by these Contract Documents or the completion of the work contemplated by these Contract Documents.
Whenever necessary, the Contractor shall suspend his work in order to permit the Owner's Representative to comply with
this requirement, but such suspension will be as brief as practical and the Contractor shall be allowed no extra
compensation therefore. The Contractor shall give the Owner's Representative ample notice of the time and place where
lines and grades will be needed. All stakes, marks, etc., shall be carefully preserved by the Contractor, and in case of
careless destruction or removal by him, his subcontractors or their employees, such stakes, markers, etc., shall be replaced
by the Owner's Representative at the Contractor's expense.
15. ARCHITECT'S AUTHORITY AND DUTY
Unless otherwise specified, it is mutually agreed between the parties to this Contract that the Architect shall review all work
included herein.
The Architect will review and approve or take other appropriate action upon the Contractor's submittals, such as shop
Drawings, Product Data and Samples, b but only for conformance with the design concept of the work and with the
information given in the Contract Documents.
The Architect will have authority to order minor changes to the work not involving an adjustment in the Contract Sum or
an extension of the Contract Time and not inconsistent with the intent of the Contract Documents. Such changes shall be
effected by written order, and shall be binding on the Owner and the Contractor. The Contractor shall carry out such
written orders promptly.
The Architect has the authority to stop the work whenever such stoppage may be necessary to insure the proper execution of
the Contract. The Architect has the authority to reject work which does not conform to the Contract Documents.
In order to prevent delays and disputes and to discourage litigation, it is further agreed that the Architect shall, in all cases,
determine the amounts and quantities of the several kinds of work which are to be paid for under this Contract. Based on
the Architect's observations and an evaluation of the Contractor's Applications for Payment, the Architect will determine
the amounts owing to the Contractor and will issue Certificates for Payment in accordance with the provisions of this
Agreement. He shall determine all questions in relation to said work and the construction thereof, and shall, in all cases,
decide every question which may arise relative to the execution of this Contract on the part of said Contractor. The
Architect's estimates and findings shall be conditions precedent to the right of the parties hereto to arbitration or to any
action on the Contract, and to any rights of the Contractor to receive any money under the Contract; provided, however, that
should the Architect render any decision or give any direction which, in the opinion of the Owner's Representative, is not in
accordance with the meaning and intent of this Contract, the Owner's Representative shall notify the Architect and the
contractor of his objection, and the Architect shall direct the Contractor to modify or remedy such work to meet the
requirements of the Owner's Representative. Should the Contractor object to any decision or given direction which, in his
opinion, is not in accordance with the meaning and intent of this Contract, the Contractor may file with said Owner's
Representative, within 30 days, his written objection to the decision or direction so rendered, and by such action may
reserve the right to submit the question so raised to arbitration, as hereinafter provided. It is the intent of this Agreement
that there shall be no delay in the execution of the work. Therefore, written decisions or directions of the Architect as
rendered shall be promptly carried out, and any claim arising therefrom shall be thereafter adjusted through arbitration, as
hereinafter provided.
The Owner's Representative shall, within a reasonable time, render and deliver to both the Architect and the Contractor a
written decision on all written objections filed by the Contractor. Should the Owner's Representative fail to make such a
decision within a reasonable time, an appeal to arbitration may be taken as if his decision had been rendered against the
Contractor.
16. SUPERINTENDENCE AND INSPECTIONS
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 o inspect the
materials furnished and the work performed or being performed under this Agreement, and to see that said materials are
furnished and the work is done in accordance with the specifications therefor. The Contractor shall furnish all reasonable
aid and assistance required by the subordinate engineers, supervisors or inspectors for the proper inspection and
examination of the work.
17. CONTRACTOR'S DUTY AND SUPERINTENDENCE
The Contractor shall give personal attention to the faithful prosecution and completion of this Contract and shall keep on
the work, during its progress, a competent superintendent and any necessary assistants, all satisfactory to Owner's
Representative. The superintendent shall represent the Contractor in is 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
Contractor and all risk in connection therewith shall be borne by the Contractor. The Owner, Owner's Representative or
Architect will not be responsible for the acts or omissions of the Contractor or any of his agents or employees or any other
persons performing any of the work.
f
The Contractor shall be resp Bible to the Owner for the acts and omissions of his emplgices, subcontractors and their
agents and employees and other persons performing any of the work under a contract with the Contractor.
18. CONTRACTOR'S UNDERSTANDING
It is understood and agreed that the Contractor has, by careful examination, satisfied himself as to the nature and location of
t the work, the confirmation of the ground, the character, quality and quantity of materials to be encountered, the character of
equipment and facilities needed preliminary to and during the prosecution of the work, and the general and local conditions,
*. and all other matters which in any way affect the work under this Contract. No verbal agreement or conversation with any
officer, agent or employee of the Owner, either before or after the execution of this Contract, shall affect or modify any of
the terms or obligations herein contained.
19. CHARACTER OF WORKERS
To do the work required by this Contract, the Contractor agrees to employ only orderly and competent workers, skillful in
the performance in the type of work required by the said Contract, and he further agrees that whenever the Owner's
Representative shall inform him in writing that any worker or workers doing the work are, in his opinion, incompetent,
unfaithful or disorderly, such worker or workers shall be discharged from the work and shall not again be employed to do
the work without written consent of the Owner's Representative.
20. CONSTRUCTION PLANT
The Contractor shall provide all labor, tools, equipment, machinery and materials necessary for the prosecution and
completion of this Contract where it is not otherwise specifically provided that the Owner shall furnish same, and it is also
understood that the Owner shall not be held responsible for the care, preservation, conservation or protection of any
materials, tools, equipment or machinery or any part of the work until it is finally completed and accepted.
The building of structures for the housing of workers or equipment will be permitted only at such places as the Owner's
Representative shall direct, and the sanitary conditions of the grounds in or about such structures shall at all time be
maintained in a manner satisfactory to the Owner's Representative.
21. SANITATION
Necessary sanitation conveniences for the use of laborers on the work site, properly secluded from public observation, shall
be constructed and maintained by the Contractor in such manner and at such points as shall be approved by a subordinate
supervisor appointed by the Owner's Representative. The Contractor shall strictly enforce the use of such facilities.
22. OBSERVATION AND TESTING
r— The Owner's Representative or the Architect shall have the right at all reasonable times to observe and test the work
Contractor shall make necessary arrangements and provide proper facilities and access for such observation and testing at
any location wherever work is in preparation or progress. Contractor shall ascertain the scope of any observations and tests
which may be contemplated by Owner's Representative or Architect and shall be contemplated by Owner's Representative
C or Architect and shall give ample notice as to the time each part of the work will be ready for such observations and tests.
Owner's Representative or Architect may reject any work found to be defective or not in accordance with the Contract
Documents, regardless of the stage of its completion or the time or place of discovery of such errors, and regardless of
whether either Owner's Representative or Architect has previously accepted the work through oversight or otherwise. If
any work which is required to be inspected, tested or approved, is covered up without written approval or consent of the
Owner's Representative or Architect, it must, if requested by the Owner's Representative or Architect, be uncovered for
observation and testing at the Contractor's expense. In the event that any part of the work is being fabricated or
manufactured at a location where it is not convenient for Owner's Representative or Architect to make observations of such
work or require testing of said work, then in such event, Owner's Representative or Architect may require Contractor to
furnish Owner's Representative or Architect 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's Representative or Architect, it must, if requested by the Owner's Representative or Architect, be uncovered for
observation and testing at the Contractor's expense. The cost of all such inspections, tests, and approvals shall be borne by
the Contractor unless otherwise provided herein. Any work which fails to meet the requirements of any such tests,
inspections or approval, and any work which meets the requirements of any such tests or approval but does not meet the
requirements of the Contract Documents shall be considered defective. Such defective work shall be corrected at the
Contractor's expense.
Neither observations by the Owner's Representative or Architect, nor inspections, tests or approvals made by Owner's
Representative or Architect or other persons authorized under this Agreement to make such inspections, tests or approvals,
shall relieve the Contractor from his obligation to perform the work in accordance with the requirements of the Contract
Documents
23. DEFECTS AND THEIR REMEDIES
It is agreed that if the work or arry part thereof or arty material brought on the site of the work for use in the work or selected
for the same, shall be deemed by the Owner's Representative or Architect as unsuitable or not in conformity with plans,
specifications and Contract Documents, the Contractor shall, after receipt of written notice thereof from the Owner's
Representative or Architect, forthwith remove such material and rebuild or otherwise remedy such work so that it shall be in
full accordance with this Contract. It is further agreed that any remedial action contemplated as hereinabove set forth shall
be at the Contractor's expense.
The Contractor shall promptly correct any work rejected by the Owner's Representative or Architect as defective or as
failing to conform to the Contract Documents, whether observed before or after substantial completion and whether or not
fabricated, installed or completed, and shall correct any work found to be defective or nonconforming within a period of one
year from the date of substantial completion of the Contract, or by the terms of any applicable special warranty required by
the Contract Documents. The provisions of this Section apply to work done by subcontractors as well as to work done by
direct employees of the Contractor. The Contractor shall bear all costs of correcting such rejected work, including
compensation for the Architect's additional services made necessary thereby.
If the Contractor fails to correct defective work as required, or persistently fails to carry out the work in accordance with the
Contract Documents, the Owner's Representative, by a written order signed personally or by an agent specifically so
empowered by the Owner in writing, may order the Contractor to stop the work, or any portion thereof, until the cause for
such order has been eliminated; however this right of the Owner to stop the work shall not give rise to any duty on the part
of the Owner to exercise this right for the benefit of the Contractor or any other person or entity.
If the Contractor defaults or neglects to carry out the work in accordance with the Contract Documents, and fails within
seven days after receipt of written notice from the Owner's Representative or other agent to commence and continue
correction of such default or neglect with diligence and promptness, the Owner may, after seven days following receipt by
the Contractor of an additional written notice, and without prejudice to any other remedy he may have, make good such
deficiencies. In such case, an appropriate Change Order shall be issued deducting from the payments then or thereafter due
the Contractor the cost of correcting such deficiencies, including compensation for the Architect's additional services made
necessary by such default, neglect or failure. If the payments then or thereafter due the Contractor are not sufficient to
cover such amount, the Contractor shall pay the difference to the Owner.
If, within one year after the date of substantial completion of the work or designated portion thereof, or within one year after
acceptance by the Owner of designated equipment, or within suc4 longer period of time as may be prescribed by law or by
the terms of any applicable special warranty required by The Contract Documents, any of the work is found to be defective
or not in accordance with the Contract Documents, the Contractor shall correct it promptly after receipt of a written notice
from the Owner to do so unless the Owner has previously given the Contractor a written acceptance of such condition. This
obligation shall survive termination of the Contract. The Owner shall give such notice promptly after discovery of the
defect.
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24. CHANGES AND ALTERATIONS
The Contractor further agrees that the Owner may make such changes and alterations as the Owner may see fit, in the line,
grade, form, dimensions, plans or materials for the work herein contemplated, or any part thereof, either before or after the
beginning of the construction, without affecting the validity of this Contract and the accompanying bond.
If such changes or alterations diminish the quantity of the work to be done, they shall not constitute the basis for a claim for
damages, or anticipated profits on the work that any be dispensed with. If they increase the amount of work, and the
increased work can fairly be classified under the specifications, such increase shall be paid according to the quantity
actually done and at the unit price establish for such work under this Contract; otherwise, such additional work shall be paid
for as provided under extra work. In case the Owner shall make such changes or alterations as shall make useless any work
already done or material already furnished or used in said work, then the so used and for any and for any actual loss
i" occasioned by such change due to actual expenses incurred in preparation for the work as originally planned.
25. EXTRA WORK
The term "extra work" as used in this Contract shall be understood to mean and include all work that may be required by
the Owner or Owner's Representative to be done by the Contractor to accomplish any change, alteration or addition to the
work as shown on the plans and specifications or Contract Documents and not covered by the Contractor's proposal, except
as provided under changes and alterations herein.
It is agreed that the Contractor shall perform all extra work under the direction of the Architect when presented with a
r written work order signed by the Owner's Representative, subject, however, to the right of the Contractor to require written
confirmation of such extra work order by the Owner. It is also agreed that the compensation to be paid to the Contractor for
performing said extra work shall be determined by one or more of the following methods:
Method (A) - By agreed unit prices; or
Method (B) - By agreed lump sum; or
Method (C) - If neither Method (A) or Method (B) be agreed upon before the extra work is commenced, then the
T" Contractor shall be paid the actual field cost of the work, plus fifteen (151/6) percent.
j,
In the event said extra work be performed and paid for under Method (C), then the provisions of this paragraph shall apply
r, and the "actual field cost" is hereby defined to include the cost of all workmen, such as foremen, timekeepers, mechanics
and laborers, and materials, supplies, teams, trucks, rentals on machinery and equipment, for the time actually employed or
' used on such extra work, plus actual transportation charges necessarily incurred, together with all expenses incurred
directly on account of such extra work, including Social Security, Old Age Benefits, Maintenance Bonds, Public Liability
r and Property Damage and Workmen's Compensation and all other insurance's as may be required by law or ordinances or
directed by the Owner's Representative or Architect, 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 or Architect may also specify in writing, before the work commences, the
k method of doing the work and the type and kind of machinery and equipment to be used; otherwise, these matters shall be
determined by the Contractor. Unless otherwise agreed upon or specified, the prices for the use of machinery and
r` equipment shall be determined by using 100%, of the latest 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 (15%) of the actual field cost to be paid to the Contractor shall cover and compensate him for his profit, overhead,
general superintendence, and field office expense, and all other elements of cost and expense not embraced within the actual
field cost as herein defined, save that where the Contractor's Camp or Field Office must be maintained primarily on account
of such extra work, then the cost to maintain and operate the same shall be include din the "actual field cost."
,., No claim for extra work of any kind will be allowed unless ordered in writing by the Owner's Representative. In case any
orders or instructions appear to the Contractor to involve extra work for which he should receive compensation or an
adjustment in the construction time, he shall make a written request to the Owner's Representative for a written order
authorizing such extra work. Should a difference of opinion arise as to what does or does not constitute extra work, or as to
the payment therefor, and the Owner's Representative insists upon its performance, the Contractor shall proceed with the
work after making a written request for a written order and shall keep adequate and accurate account of the actual field cost
thereof, as provided under Method (C). The Contractor will thereby preserve the right to submit the matter of payment to
arbitration, as herein below provided.
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26. DISCREPANCIES AND OMISSIONS
It is further agreed that it is the intent of this Contract that all work described in the proposal, the specifications, plans and
other Contract Documents is to be done for the price quoted by the Contractor and that such price shall include all
appurtenances necessary to complete the work in accordance with the intent of these Contract Documents, as interpreted by
the Architect. If the Contractor finds any discrepancies or omissions in these plans, specifications or Contract Documents,
he should notify the Architect and obtain a clarification before the bids are received, and if no such request is received by
the Architect prior to the opening of bids, then it shall be 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 is further understood that any request for clarification must be submitted no later than five days prior to
the opening of bids.
27. RIGHT OF OWNER TO MODIFY METHODS AND EQUIPMENT
If, at any time, the methods or equipment used by the Contractor are found to be inadequate to secure the quality of work
with the rate of progress required under this Contract, the Owner or Owner's Representative may order the Contractor in
writing to increase their safety or improve their character and efficiency and the Contractor shall comply with such order.
If, at any time, the working force of the Contractor is inadequate for securing the progress herein specified, the Contractor
shall, if so ordered in writing, increase his force or equipment, or both, to such an extent as to give reasonable assurance of
compliance with the schedule of progress.
28. PROTECTION AGAINST ACCIDENT TO EMPLOYEES AND THE PUBLIC
The Contractor shall take out and procure a policy or policies of Worker's Compensation Insurance with an insurance
company licensed to transact business in the State of Texas, which policy or policies shall comply with the Worker's
Compensation laws of the State of Texas. The Contractor shall at all times exercise reasonable precaution for the safety of
employees and others on or near the work and shall comply with all applicable provisions of federal, state and municipal
laws and building and construction codes. All machinery and equipment and other physical hazards shall be guarded in
accordance with the "Manual of Accident Prevention in Construction" of Associated General Contractors of America,
except where incompatible with federal, state or municipal laws or regulations. The Contractor, his sureties and insurance
carriers shall defend, indemnify and save harmless the Owner, all of its officers, the Architect and their agents and
employees from all damages, losses, or expenses and from all suits, actions or claims of any character whatsoever brought
for or on account of any injuries or damages received or sustained by any person or persons or property, on account of any
negligent act or fault of the Contractor or any subcontractor, their agents or employees, in execution and supervision of said
Contract, and the project which is the subject matter of this Contract, including the failure of Contractor or any
subcontractor to provide necessary barricades, warning lights or signs, and will be required to pay any judgment with costs
which may be obtained against the Owner, its officers, the Architect or any of their agents or employees, including
attorney's fees.
In any and all claims against the Owner, any officer of the Owner, the Architect or any of their agents or employees by any
employee of the Contractor, any subcontractor, anyone directly or indirectly employed by any of them or anyone of whose
act any of them may be liable, the indemnification obligation under this Section shall not be limited in any way by any
limitation on the amount or type of damages, compensation or benefits payable by or for the Contractor or any subcontractor
under Worker's Compensation acts, disability benefit acts or other employee benefit acts. The obligations of the Contractor
under this Section shall not extend to the liability of the Architect, his agents or employees, arising out of (1) the
preparation or approval of maps, drawings, opinions, reports, surveys, change orders, designs or specifications, or (2) the
giving of or the failure to give directions or instructions by the Architect, his agents or employees, provided such giving or
failure to give is the primary cause of the injury or damage.
The safety precautions taken shall be the sole responsibility of the Contractor, in his sole discretion as an Independent
Contractor. Inclusion of this section in the Agreement, as well as any notice which may be given by the Owner, the
Owner's Representative or the Architect concerning omission under this section as the work progresses, are intended as
reminders to the Contractor of his duty, and shall not be construed as any assumption of duty to supervise safety precautions
taken by either the Contractor or any of his subcontractors.
The Contractor shall not commence work under this Contract until he has obtained all insurance as required herein. The
Contractor shall provide insurance for the adequate protection of the Contractor and his subcontractors, respectively, against
damage claims which may arise from operations under this is Contract, whether such operations be by the insured or by
anyone directly or indirectly employed by him and, also, against any of the special hazards which may be encountered in the
performance of this Contract, as enumerated in the Supplemental General Conditions.
The Contractor shall procure and carry at his sole cost and expense through the life of this contract, insurance protection as
hereinafter specified. Coverage in excess of that specified herein also shall be acceptable. Such insurance shall be carried
with an insurance company authorized to transact business in the State of Texas and shall cover all operations in connection
with this contract, whether performed by the Contractor or a subcontractor, or separate policies shall be provided covering
the operation of each subcontractor.
A. Comprehensive General Liability Insurance
The contractor shall have Comprehensive General Liability Insurance with limits of $500,000 Combined Single
Limit in the aggregate and 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. IOwner'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 and or property damage, $500,000 Combined Single Limit.
§ C. Comprehensive Automobile Liability Insurance
l:
The Contractor shall have Comprehensive Automobile Liability Insurance with limits of not less than;
Bodily Injury/Property Damage, $500.000 Combined Single Limit,
to include all owned and nonowned cars including: Employers Nonownership Liability Hired and Nonowned
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.
r` D. Builder's Risk Insurance
The Contractor shall obtain a Builder's Risk policy in the amount of 100% of total contract value naming the City
of Lubbock as insured.
E. Umbrella Liability Insurance
The Contractor shall have Umbrella Liability Insurance in the amount of 1,000,000 on all contracts with coverage
to correspond with Comprehensive General Liability and Comprehensive Automobile Liability coverages.
F. Worker's Compensation and Employers Liability Insurance
Worker's Compensation Insurance covering all employees whether employed by the Contractor or any
Subcontractor on the job with Employers Liability of at least $500,000
G. Proof of Coverage
Before work on this contract is commenced, each Contractor and subcontractor shall submit to the Owner for
approval five Certificates of Insurance covering each insurance policy carried and offered as evidence of
compliance with the above insurance requirements, signed by an authorized representative of the insurance
company setting forth:
(1) The name and address of the insured.
(2) The location of the operations to which the insurance applies.
(3) The name of the policy and type or types of insurance in force thereunder on the date borne by such
certificate.
(4) The expiration date of the policy and the limit or limits of liability thereunder on the date borne by such
certificate.
(5) A provision that the policy may be canceled only by mailing written notice to the named insured at the
address shown in the 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) contained in the job
specifications. No substitute of nor amendment thereto will be acceptable.
(8) If policy limits are paid, new policy must be secured for new coverage to complete project.
30. PROTECTION AGAINST CLAIMS OF SUBCONTRACTORS LABORERS MATERIALMEN AND FURNISHERS OF
MACHINERY, EQUIPMENT, AND SUPPLIES
The Contractor agrees that he will indemnify and save the Owner, its officers, the Architect and their agents and employees
harmless from all claims growing out of any demands of subcontractors, laborers, workmen, mechanics, materialmen and
furnishers of machinery and parts thereof, equipment, power tools, all suppliers, including commissary, incurred in he
furtherance of the performance of this Contract. When Owner so desires, the Contractor shall furnish satisfactory evidence
that all obligations of the nature hereinabove designated have been paid, discharged or waived.
If during the progress of the work, Contractor shall allow any indebtedness to accrue for work furnished by any of those
designated in the preceding paragraph and shall fail to pay and discharge any such indebtedness within five (5) days after
demand is made, then Owner may, during the period for which such indebtedness 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 sum so withheld
to discharge any such indebtedness.
31. PROTECTION AGAINST ROYALTIES OR PATENT INVENTION
rThe Contractor shall pay all royalties and license fees, and shall provide for the use of any design, device, material or
process covered by letters patent or copyright by suitable legal agreement with the Patentee or Owner thereof. The
Contractor shall defend all suits or claims for infringement of any patent of copyrights and shall indemnify and save the
r 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 speed or required in these Contract Documents by Owner; provided, however, if choice of alternate
design, device, material or process is allowed to the Contractor, then Contractor shall indemnify and save Owner harmless
from any loss on account thereof. If the material or process specified or required by Owner is an infringement, the
Contractor shall be responsible for such loss unless he promptly gives written notice to the Owner of such infringement.
32. LAWS AND ORDINANCES
The Contractor shall at all times observe and comply with all federal, state and local laws, ordinances and regulations
which in any manner affect the Contract or the work, and shall indemnify and save harmless the Owner against any claims
arising from the violation of any such laws, ordinances and regulations whether by the Contractor or his employees. If the
Contractor observes that the plans and specifications are at variance therewith, he shall promptly notify the Architect and
Owner's Representative in writing, and any necessary changes shall be adjusted as provided in the Contract for 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, insofar as the
same regulates the objects for which, or the manner in which, or the conditions under which the Owner may enter into
contracts, shall be controlling and shall be considered as part of this Contract to the same effect as though embodied herein.
f 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
the time for completion of the work as specified in the Contract are ESSENTIAL CONDITIONS of this Contract; and it is
H
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."
The Contractor agrees that said work shall be prosecuted regularly, diligently and uninterruptedly at such rate of progress as
will insure full completion thereof within the time specified. It is expressly understood and agreed by and between the
Contractor and the Owner that the time for the completion of the work described herein is a reasonable time for the
completion of the same, taking into consideration the average climatic range and usual industrial conditions prevailing in
the locality.
If the said Contractor shall neglect, fail or refuse to complete the work within the time herein specified, or any proper
extension thereof granted by the Owner, then the Contractor does hereby agree, as a part of the consideration for the
awarding of this Contract, to pay to the Owner the amount specified in the Bid Proposal, not as a penalty, but as liquidated
damages for such breach of Contract as hereinafter set forth, for each and every calendar day that the Contractor shall be in
default after the time stipulated in the Contract for completing the work.
The said amount is fixed and agreed upon by and between the Contractor and the Owner because of the impracticability and
extreme difficulty of fixing and ascertaining the actual damages the Owner would in such event sustain, and said amount is
agreed to be the amount of damages which the Owner would sustain, and said amount shall be permanently retained from
time to time by the Owner from current periodical estimates.
It is further agreed that time is of the essence for each and every portion of this Contract and of the specifications wherein a
definite and certain length of time is fixed for the performance of any act whatsoever, and where, under the Contract,
additional time is allowed for the completion of any work, the new time limit fixed by such extension shall be of the essence
r` of this Contract. Provided, that the Contractor shall not be charged with liquidated damages or any excess cost when the
Owner determines that the Contractor is without fault and the Contractor's reasons for the time extension are acceptable to
the Owner. Provided, further, that the Contractor shall not be charged with liquidated damages or any excess cost when the
delay in completion of the work is due:
(a) To any preference, priority or allocation order duly issued by the Government.
(b) To any unforeseeable cause beyond the control and without the fault or negligence of the Contractor,
including, but not restricted to, acts of God or of the public enemy, acts of the Owner, acts of another
Contractor in the performance of a contract with the Owner, fires, floods, epidemics, quarantine
restrictions, strikes, freight embargoes or severe weather; and
(c) To any delays of subcontractors or suppliers occasioned by any of the causes specified in subsections (a) or
(b) of this section.
Provided further, that the Contractor shall, within ten (10) days from the beginning of such delay, unless the Owner shall
grant a further period of time prior to the date of final settlement of the Contract, notify the Owner's Representative, in
writing, of the causes of the delay, who shall ascertain the facts and extent of the delay and notify the Contractor within a
reasonable time of the Owner's decision in the matter.
34. T AE AND ORDER OF COMPLETION
It is the meaning and intent of this Contract, unless otherwise herein specifically provided, that the Contractor shall be
allowed to prosecute his work at such time and sessions, in such order or precedence, and in such manner as shall be most
conducive to economy of construction; provided, however, that the order and time of prosecution shall be such that the work
shall be substantially completed as a whole and in part, in accordance with this Contract, the plans and specifications, and
within the time of completion designated in the proposals; provided, also, that when the Owner is having other work done,
either by contract or by his own force, the Owner's Representative may direct the time and manner of construction work
done under this Contract so that conflicts will be avoided and the construction of the various works being done for the
Owner shall be harmonized.
The Contractor shall submit, at such times as may reasonably be requested by the Owner's Representative or Architect,
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 several parts.
35. EXTENSION OF TIME
The Contractor agrees that he has submitted his proposal in full recognition of the time required for the completion of this
project, taking into consideration the average climatic range and industrial conditions prevailing in this locality, and has
considered the liquidated damage provisions of section 33 hereinabove set forth, and that he shall not be entitled to, nor will
he request, an extension of time on this Contract, except when his work has been delayed by an act or neglect of the Owner,
Owner's Representative, the Architect, employees of the Owner or other contractors employed by the Owner, or by changed
ordered in the work, or by strike, walk -outs, acts of God or the public enemy, fire or flood. The Contractor may apply in
writing for an extension of time, submitting therewith all written justifications as may be required by the Owner's
Representative for such an extension. The Owner's Representative within ten (10) days after receipt of a written request for
an extension of time by the Contractor, supported by all requested documentation shall then submit such written request to
the City Council of the City of Lubbock for its consideration. Should the Contractor disagree with the action of the City
Council, such disagreement shall be settled by arbitration as hereinafter provided.
36. HINDRANCE AND DELAYS
In executing this Agreement, the Contractor agrees that in undertaking to complete the work within the time herein fixed,
he has taken into consideration and made allowances for all hindrances and delays incident to such work, whether growing
out of delays in securing material or workmen or otherwise. No charge shall be made by the Contractor for hindrance or
delays from any cause during the progress of any part of the work embraced in this Contract except where the work is
stopped by order of the Owner or Owner's Representative for the Owner's convenience, in which event such expense, as in
the judgment of the Owner's Representative is caused by such stoppage, shall be paid by Owner to Contractor.
37. QUANTITIES AND MEASUREMENTS
No extra or customary measurements of any kind will be allowed, but the actual measured or computed length, area, solid
contents, number and weight only shall be considered, unless otherwise specifically provided.
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l In the event this Contract is let on a unit price basis, then Owner and Contractor agree that. this Contract, including the
specifications, drawings and other Contract Documents are intended to show clearly all work to be done and material to be
furnished hereunder. Where the estimated quantities are shown for the various classes of work to be done and material to
be furnished under this Contract, they are approximations and are to be used only as a basis for estimating the probable cost
of the work and for comparing their proposals offered for the work. It is understood and agreed that the actual amount of
work to be done and the materials to be furnished under this Contract may 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
and which may be injured or damaged by any process of construction to be undertaken under this Agreement, and he shall
be liable for any and all claims for such injury or damage on account of his failure to fully protect all adjacent property. The
Contractor agrees to indemnify, save and hold harmless the Owner against any claim or claims for damage due to any
injury to any adjacent or adjoining property arising or growing out of the performance of this Contract, but such indemnity
shall not apply to any claim of any kind arising out of the existence or character of the work.
39. PRICE FOR WORK
In consideration of furnishing all necessary labor, equipment and material and the completion of all work by the Contractor,
and on the delivery of all material embraced in this Contract in full conformity with the specifications and stipulations
t.. herein contained, the Owner agrees to pay the Contractor the price set forth in the proposal attached hereto, which has been
made a part of this Contract, and the Contractor hereby agrees to receive such price in full for furnishing all labor,
equipment and material required for the aforesaid work, and for equipment and material required for the aforesaid work,
and for all expenses incurred by him, and for well and truly performing the same and the whole thereof in the manner and
according to this Agreement, the attached specifications, drawings, Contract Documents and requirements of the Architect
and the Owner's Representative.
40. CONSTRUCTION SCHEDULE & PERIODIC ESTIMATES
Immediately after execution and delivery of the Contract, and before the first partial payment is made, the Contractor shall
deliver to the Owner's Representative and to the Architect an estimated construction progress schedule in a form
satisfactory to the Owner's Representative and Architect, showing the proposed dates of commencement and completion of
each of the various subdivisions of work required under the Contract Documents "and the anticipated amount of each
monthly payment that will become due the Contractor in accordance with the progress schedule. The Contractor shall also
furnish on forms to be supplied by the Owner (a) a detailed estimate giving a complete breakdown of the Contract price and
(b) periodic itemized estimates of work done for the purpose of making partial payments thereon. The costs employed in
making up any of these schedules will be used only for determining the basis of partial payments and will not be considered
r... as fixing a basis for additions to or deductions from the Contract price.
At least fifteen (15) days before the date for each progress payment established in Section 41 of these General Conditions,
the Contractor shall submit to the Architect an itemized Application for Payment, notarized if required, supported by such
data substantiating the Contractor's right to payment as the Owner or the Architect may require, and reflecting retainage, if
any, as provided elsewhere in the Contract Documents.
Unless otherwise provided in the Contract Documents, payments will be made on account of materials or equipment not
incorporated in the work but delivered and suitably stored at the site.
The Contractor warrants that title to all work, materials and equipment covered by an application for payment will pass to
the Owner either by incorporation in the construction or upon the receipt of payment by the Contractor, whichever occurs
first, free and clear of all liens, claims, security interests or encumbrances, hereinafter referred to as "liens", and that no
work, materials or equipment covered by an Application for Payment will have been acquired by the Contractor, or by any
r' other person performing work at the site or furnishing materials and equipment for the project, subject to an agreement
under which an interest therein or an encumbrance thereon is retained by the seller or otherwise imposed by the Contractor
or such other person.
I
The Architect will, within seven (7) days after the receipt of the Contractor's Application for Payment, either issue a
Certificate for Payment to the Owner, with a copy to the Contractor, for such amount as the Architect determines is properly
due, or notify the Contractor in writing of his reasons for withholding a Certificate.
The issuance of a Certificate for Payment will constitute a representation by the Architect to the Owner, based on the
Architect's observations at the site and the data comprising the Application for Payment, that the work has progressed to
the point indicated; that, to the best of his knowledge, information and belief, the quality of the work is in accordance with
the Contract Documents (subject to an evaluation of the work for conformance with the Contract Documents upon
Substantial Completion, to the results of any subsequent tests required by or performed under the Contract Documents, to
minor deviations from any specific qualifications stated in his Certificate); and that the Contractor is entitled to payment in
the amount certified. However, by issuing a Certificate for Payment, the Architect shall not thereby be deemed to represent
that he has made exhaustive or continuous on -site inspections to check the quality or quantity of the work, or that he has
reviewed the construction means, methods, techniques, sequences or procedures, or that he has made any examination to
ascertain how or for what purpose the Contractor has used the moneys previously paid on account of the Contract Sum.
41. PAYMENTS TO CONTRACTOR
After the Architect has issued a Certificate for Payment, and not later than the 25th day of each calendar month, the Owner
shall make a progress payment to the Contractor on the basis of a duly certified and approved estimate of the work
performed during the preceding calendar month under this Contract, but to insure the proper performance of this Contract,
the Owner shall retain five percent (51/o) of the amount of each estimate until final completion and acceptance of all work
covered by this Contract:
Provided, that the Contractor shall submit his estimate not later than the first day of the month; Provided, furtherthat at
the Owner at any time after fifty percent (50%) of the work has been completed, if it finds that satisfactory progress is being
made, may make any of the remaining progress payments in full; Provided further, that on completion and acceptance of
each separate building, public work or other division of the Contract, on which the price is stated separately in the Contract,
payment may be made in full, including retained percentages thereon, less authorized deductions.
In preparing estimates, the material delivered on the site and preparatory work done may be taken into consideration.
All material and work covered by partial payments made shall thereupon become the sole property of the Owner, but this
provision shall not be construed as relieving the Contractor from the sole responsibility for the care and protection of
materials and work upon which payments have been made, or the restoration of any damaged work, or as a waiver of the
right of the Owner to require the fulfillment of all the terms of the Contract.
Owner's Right to Withhold Certain Amounts and Make Application Thereof: The :Contractor agrees that he will indemnify
and save the Owner harmless from all claims growing out of the lawful demands of subcontractors, laborers, workmen,
mechanics, materialmen and furnishers of machinery and parts thereof, equipment, power tools and all supplies, including
commissary, incurred in the furtherance of the performance of the Contract. The Contractor shall, at the Owner's request,
furnish satisfactory evidence that all obligations of the nature hereinabove designated have been paid, discharged or waived.
If the Contractor fails so to do, then the Owner may, after having served written notice on the said Contractor, either
directly pay unpaid bills of which the Owner has written notice, or withhold from the Contractor's unpaid compensation a
sum of money deemed reasonably sufficient to pay any and all such lawful claims until satisfactory evidence is furnished
that all liabilities have been fully discharged, whereupon payment to the Contractor shall be resumed in accordance with the
terms of this Contract, but in no event shall the provisions of this sentence be construed to impose any obligations upon the
Owner to either the Contractor or his Surety. In paying any unpaid bills of the Contractor, the Owner shall be deemed the
agent of the Contractor, and any payment so made by the Owner shall be considered as a payment made under the Contract
by the Owner to the Contractor, and the Owner shall not be liable to the Contractor for any such payments made in good
faith.
No Certificate for a progress payment, nor any progress payment, nor any partial or entire use or occupancy of the project by
the Owner, shall constitute an acceptance of any work not in accordance with the Contract Documents.
The Contractor shall promptly pay each subcontractor, upon receipt of payment from the Owner, out of the amount paid to
the Contractor on account of such subcontractor's work, the amount to which said subcontractor is entitled, reflecting the
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percentage actually retained, if any, from payments to the Contractor on account of such subcontractor's work. The
Contractor shall, b y an appropriate agreement with each subcontractor, require each subcontractor to make payments to his
sub -contractors in similar manner.
42. PAYROLLS AND BASIC PAYROLL RECORDS OF CONTRACTOR AND SUBCONTRACTORS
The Contractor and each subcontractor shall prepare their payrolls on forms satisfactory to and in accordance with
instructions to be furnished by the Local Public Agency or Public Body. The Contractor shall submit weekly to the Local
Public Agency or Public Body two certified copies of all payrolls of the Contractor and of the subcontractors, it being
understood that the Contractor shall be responsible for the submission of copies of payrolls, of all subcontractors. Each such
payroll shall contain the "Weekly Statement of Compliance" set forth in Section 3.3 of Title 29, Code of Federal
Regulations. The payrolls and basic payroll records of the Contractor and each subcontractor covering all laborers and
F" mechanics employed upon the work covered by this Contract shall be maintained during the course of the work and
preserved for a period of three (3) years thereafter. Such payrolls and basic payroll records shall contain the name and
address of each such employee, his correct classification, rate of pay (including rates of contributions or costs anticipated of
1.,. the types described in Section 1(b)(2) of the Davis -Bacon Act), daily and weekly number of hours worked, deductions made
and actual wages paid. In addition, whenever the Secretary of Labor has found under Section 5.5(a)(1)(N) of Title 29, Code
of Federal Regulations, that the wages of any laborer or mechanic include the amount of any costs reasonably anticipated in
providing benefits under a plan or program described in Section I(b)(2)(B) of the Davis -Bacon Act, the Contractor or
subcontractor shall maintain records which show that the commitment to provide such benefits is enforceable, that the plan
or program is financially responsible and that the plan or program has been communicated in writing to the laborers or
mechanics affected, and records which show the costs anticipated or the actual cost incurred in providing such benefits.
'.•• The Contractor and each subcontractor shall make their employment records with respect to persons employed by them
upon the work covered by this Contract available for inspection by authorized representatives of the Secretary of Housing
and Urban Development, the Local Public Agency or Public Body and the United States Department of Labor. Such
representatives shall be permitted to interview employees of the Contractor or of any subamtractor during working hours
on the job.
43. MINIMUM WAGES (See Exhibit B: In excess of $2,000)
a
All laborers and mechanics employed upon the work covered by this Contract shall be paid unconditionally and not less
often than once each week, and without subsequent deduction or rebate on any account (except such payroll deductions as
Pik are made mandatory by and such other payroll deductions as are permitted by the applicable regulations issued by the
Secretary of Labor, United States Department of Labor, pursuant to the Anti -Kickback Act hereinafter identified), the full
amount due at time of payment computed at wage rates not less than those contained in the wage determination decision of
said Secretary of Labor (a copy of which is included in Exhibit B) regardless of any contractual relationship which may be
alleged to exist between the Contractor or any subcontractor and such laborers and mechanics. All laborers and mechanics
employed upon such work shall be paid in cash, except that payment may be by check if the employer provides or secures
satisfactory facilities approved by'the Local Public Agency or Public Body for the cashing of the same without cost or
expense to the employee. For the purpose of this clause, contributions made or costs reasonably anticipated under Section
1(b)(2) of the Davis -Bacon Act on behalf of laborers or mechanics are considered wages paid to such laborers or mechanics,
subject to the provisions of Section 5.5(a)(1)(iv) of Title 29, Code of Federal Regulations.'' Also for the purpose of this
clause, regular contributions made or costs incurred for more than a weekly period under plans, funds or programs, but
covering the particular weekly period, are deemed to be constructively made or incurred during such weekly period.
44. POSTING WAGE DETERMINATION DECISIONS AND AUTHORIZED WAGE DEDUCTIONS
The applicable wage poster of the Secretary of Labor, United States Department of Labor, and the applicable wage
determination decisions of said Secretary of Labor with respect to the various classification of laborers and mechanics
employed and to be employed upon the work covered by this Contract, and a statement showing all deductions, if any, in
accordance with the provisions of this Contract, to be made from wages actually earned by persons so employed or to be
employed in such classifications, shall be posted at appropriate conspicuous points at the site of the work.
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45. EMPLOYMENT OF LABORERS OR MECHANICS NOT LISTED IN AFORESAID WAGE DETERMINATION
DECISIONS
Any class of laborers or mechanics which is not listed in the wage determination decisions and which is to be employed
under the Contract will be classified or reclassified conformably to the wage determination by the Local Public Agency or
Public Body, and a report of the action taken shall be submitted by the Local Public Agency or Public Body, through the
Secretary of Housing and Urban Development, to the Secretary of Labor, United States Department of Labor. In the event
the interested parties cannot agree on the proper classification or reclassification of a particular class of laborers and
mechanics to be used, the question, accompanied by the recommendation of the Local Public Agency or Public Body, shall
be referred, through the Secretary of Housing and Urban Development, to the Secretary of Labor for final determination.
46. SPECIFIC COVERAGE OF CERTAIN TYPES OF WORK BY EMPLOYEES
The transportation of materials and supplies to or from the site of the Project or Program to which this Contract pertains by
the employees of the Contractor or of any subcontractor, and the manufacturing or furnishing of materials, articles, supplies
or equipment on the site of the Project or Program to which this Contract pertains by persons employed by the Contractor or
by any subcontractor, shall, for the purposes of this Contract, and without limiting the geniality of the foregoing provisions
of this Contract, be deemed to be work to which these Federal Labor Standards Provisions are applicable.
47. UNDERPAYMENTS OF WAGES OR SALARIES
In case of underpayment of wages by the Contractor or by any subcontractor to laborers or mechanics employed by the
Contractor or subcontractor upon the work covered by this'Contract, the Local Public Agency or Public Body, in addition to
such other rights as may be afforded it under this Contract, shall withhold from the Contractor, out of any payments due the
Contractor, so much thereof as the Local Public Agency or Public Body may consider necessary to pay such laborers or
mechanics the full amount of wages required by this Contract. The amount so withheld may be disbursed by the Local
Public Agency or Public Body, for and on account of the Contractor or the subcontractor (as may be appropriate), to the
respective laborers or mechanics to whom the same is due, or on their behalf to plans, funds or programs for any type of
fringe benefit prescribed in the applicable determination.
48. ANTICIPATED COSTS OF FRINGE BENEFITS
If the Contractor does not make payments to a trustee or other third person, he may consider as part of the wages of any
laborer or mechanic the amount of any costs reasonably anticipated in providing fringe benefits under a plan or program of
a type expressly listed in the wage determination decisions of the Secretary of Labor, which are a part of this Contract:
Provided, the Secretary of Labor has found, upon the written request of the Contractor, that the applicable standards of the
Davis -Bacon Act have been meta The Secretary of Labor may require the Contractor to set aside, in a separate account,
assets for meeting the obligations under the plan or program. A copy of any findings made by the Secretary of Labor in
respect to fringe benefits being provided by the Contractor must be submitted to the Local Public Agency or Public Body
with the first payroll filed by the Contractor subsequent to receipt of the findings.
49. FRINGE BENEFITS NOT EXPRESSED AS HOURLY WAGE RATES
The Local Public Agency or Public Body shall require, whenever the minimum rate prescribed in the Contract for a class of
laborers or mechanics includes a fringe benefits which is not expressed as an hourly wage rate, and the Contractor is
obligated to pay the cash equivalent of such a fringe benefit, an hourly cash equivalent thereof to be established. In the
event the interested parties cannot agree upon a cash equivalent of the fringe benefit, the question, accompanied by the
recommendation of the Local Public Agency or Public Body, shall be referred, through the Secretary of Housing and Urban
Development, to the Secretary of Labor for determination.
50. OVERTIME COMPENSATION REQUIRED BY CONTRACT WORK HOURS AND SAFETY STANDARDS ACT (76
STAT. 357-360: TITLE 40 U.S.C.. SECTIONS 327-332)
(a) Overtime requirements. No Contractor or subcontractor contracting for any part of the Contract work which may
require or involve the employment of laborers or mechanics, including watchmen and guards, shall require or
permit any laborer or mechanic in any work week in which they are employed on such work to work in excess of
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40 hours in such work week unless such laborer or mechanic receivescompensation at a rate not less than one and
one-half times their basic rate of pay for all hours worked in excess of 40 hours in such work week.
(b) Violation: Liability for unpaid wages and liguidated damages. In the event of any violation of the clause set forth
in paragraph (a) of this Section, the Contractor and any subcontractor responsible: therefor shall be liable to any
affected employee for his unpaid wages. In addition, such Contractor and subcontractor shall be liable to the
United States for liquidated damages. Such liquidated damages shall be computed with respect to each individual
laborer or mechanic employed in violation of the clause set forth in paragraph (a) in the sum of $10 for each
calendar day on which such employee was required or permitted to work in excess of the standard work week of 40
hours without payment of the overtime wages required by the clause set forth in paragraph (a).
(c) Withholdingfor or liquidated damages, The Local Public Agency or Public Body shall withhold or cause to be
' withheld from any moneys payable on account of work performed by the Contractor or any subcontractor such
} sums as may administratively be determined to be necessary to satisfy any liabilities of such Contractor or
subcontractor for liquidated damages as provided in the clause set forth in paragraph (b) of this Section.
(d) Subcontracts. The Contractor shall insert in any subcontracts the clauses set forth in paragraphs (a), (b) and (c) of
this Section and also a clause requiring the subcontractors to include these clauses in any lower tier subcontract
which they may enter into, together with a clause requiring this insertion in any further subcontracts that may in
turn be made.
51. EMPLOYMENT OF APPRENTICES/TRAINEES
(a) Apprentices will be permitted to work at less than the predetermined rate for the work they perform when they are
employed and individually registered in a bona fide apprenticeship program registered with the U. S. Department
of Labor, Manpower Administration, Bureau of Apprenticeship and Training, or with a State Apprenticeship
Agency recognized by the Bureau, or if a person is employed in his first 90 days of probationary employment as an
apprentice in such an apprenticeship program who is not individually registered in the program, but who has been
certified by the Bureau of Apprenticeship and Training or a State Apprenticeship Agency (where appropriate) to be
eligible for probationary employment as an apprentice. The allowable ratio of apprentices to journeymen in any
craft classification shall not be greater than the ratio permitted to the Contractor as to his entire work force under
the registered program. Any employee listed on a payroll at an apprentice wage rate who is not a trainee as
r, defined in paragraph (b) of this Section, or is not registered or otherwise employed as stated above, shall be paid
the wage rate determined by the Secretary of Labor for the classification of work he actually performs. The
Contractor or subcontractor will be required to furnish to the contracting officer, or a representative of the Wage -
Hour Division of the U. S. Department of Labor, written evidence of the registration of and wage rates (expressed
in percentages of the journeymen hourly rates), for the area of construction prior to using any apprentice on the
Contract work. The wage rate paid apprentices shall be not less than the appropriate percentage of the
journeyman's rate contained in the applicable wage determination.
r
(b) Trainees. Except as provided in 29 CFR 5.15, trainees will not be permitted to work at less than the predetermined
rate for the work performed unless they are employed pursuant to and individually registered in a program which
p has received prior approval, evidenced by formal certification, by the U. D. Department of Labor, Manpower
Administration, Bureau of Apprenticeship and Training. The ratio of trainees to journeymen shall not be greater
than permitted under the plan approved by the Bureau of Apprenticeship and Training. Every trainee must be paid
at not less than the rate specified in the approved program for his level of progress. Any employee listed on the
payroll at a trainee rate who is not registered and participating in a training plan approved by the Bureau of
Apprenticeship and Training shall be paid not less than the wage rate determined by the Secretary of Labor for the
classification of work he actually performs. The Contractor or subcontractor will be required to performs. The
Contractor or subcontractor will be required to furnish the contracting officer or a representative of the Wage -Hour
Division of the U. S. Department of Labor written evidence of the certification of his program, the registration of
the trainees and the ratios and wage rates prescribed in that program. In the event the Bureau of Apprenticeship
and Training withdraws approval of a training program, the Contractor will no longer be permitted to utilize
'` trainees at less than the applicable predetermined rate for the work performed until an acceptable program is
approved.
(c) Eoual Employment Opportunity. The utilization of apprentices, trainees and journeymen under this part shall be
in conformity with the equal employment opportunity requirements of Executive Order 11246, as amended, and 29
CFR Part 30.
52. EMPLOYMENT OF CERTAIN PERSONS PROHIBITED
No person under the age of sixteen years and no person who, at the time, is serving sentence in a penal or correctional
institution shall be employed on the work covered by this Contract,
53. REGULATIONS PURSUANT TO SO-CALLED "ANTI -KICKBACK ACT"
The Contractor shall comply with the applicable regulations (See Exhibit A, attached and herein incorporated by reference)
of the Secretary of Labor, United States Department of Labor, made pursuant to the so called "Anti -Kickback Act" of June
13, 1934 (48 Stat. 948, 62 Stat. 862, 63 Stat. 108, 72 Stat. 967; 62 Stat. 740: Title 18 U.S.C., Section 874 and Title 40
U.S.C., Section 276c) and any amendments or modifications thereof, and shall cause appropriate provisions to be inserted
in subcontracts to insure compliance therewith by all subcontractors subject thereto, and shall be responsible for the
submission of affidavits required by subcontractors thereunder, except as said Secretary of Labor may specifically provide
for reasonable limitations, variations, tolerances and exemptions from the requirements thereof.
54. CONPLAINTS, PROCEEDINGS OR TESTIMONY BY EMPLOYEES
No laborer or mechanic to whom the wage, salary or other labor standards provisions of this Contract are applicable shall be
discharged or in any other manner discriminated against by the Contractor or any subcontractor because such employee has
filed any complaint or instituted or caused to be instituted any proceeding or has testified or is about to testify in any
proceeding under or relating to the labor standards applicable to his employer under this Contract.
55. CLAIMS AND DISPUTES PERTAINING TO WAGE RATES
Claims and disputes pertaining to wage rates or to classifications of laborers and mechanics employed upon the work
covered by this Contract shall be promptly reported by the Contractor, in writing, to the Local Public Agency or Public Body
for referral by the latter through the Secretary of Housing and Urban Development to the Secretary of Labor, United States
Department of Labor, whose decision shall be final with respect thereto.
56. QUESTIONS CONCERNING CERTAIN FEDERAL STATUTES AND REGULATIONS
All questions arising under this Contract which relate to the application or interpretation of (a) the aforesaid Anti -Kickback
Act, (b) the Contract Work Hours and Safety Standards Act, (c) the aforesaid Davis -Bacon act, (d) the regulations issued by
the Secretary of Labor, United States Department of Labor, pursuant to said Acts or (e) the labor standards provisions of any
other pertinent Federal statute, shall be referred, through the Local Public Agency or Public Body and the Secretary of
Housing and Urban Development, to the Secretary of Labor, United States Department of Labor, for said Secretary's
appropriate ruling or interpretation, which shall be authoritative and may be relied upon for the purpose of this Contract.
57. FINAL COMPLETION AND ACCEPTANCE
When the Contractor considers that the work, or a designated portion thereof which is acceptable to the Owner, is
substantially complete as defined, the Contractor shall prepare for submission to the Architect a list of items to be completed
or corrected. The failure to include any items on such list does not alter the responsibility of the Contractor to complete all
work in accordance with the Contract Documents.
Within thirty-one (31) days after the Contractor has given the Architect written notice that the work has been completed or
substantially completed , the Architect and the Owner's Representative shall inspect the work and within said time, if the
work is found to be completed or substantially completed in accordance with the Contract Documents, the Architect will
then prepare a Certificate of Substantial Completion, which shall establish the Date of Substantial Completion, and shall fix
the time within which the Contractor shall complete the items listed therein. Warranties required by the Contract
Documents shall commence on the Date of Substantial Completion of the Work or designated portion thereof, unless
otherwise provided in the Certificate of Substantial Completion. The Certificate of Substantial Completion shall be
M
submitted to the Owner and the Contractor for their written acceptance of the responsibilities assigned to them in such
Certificate.
Upon Substantial Completion of the Work or designated portion thereof, and upon application by the Contractor and
certification by the Architect, the Owner shall within ten (10) days issue a certificate of acceptance of the work to the
Contractor.
58. FINAL PAYMENT
Upon receipt of written notice that the work is ready for final inspection and acceptance, and upon receipt of a final
Application for Payment, the Architect will promptly make such inspection , and when he finds the work acceptable under
the Contract Documents, and the Contract fully performed, he will prepare a Final Statement of the value of all work
performed and materials furnished under the terms of the Agreement and promptly issue a final Certificate for Payment,
stating that to the best of his knowledge, information and belief, and on the basis of his observations and inspections, the
work has been completed in accordance with the terms and conditions of the Contract Documents, and that the entire
balance found due the Contractor and noted in said final Certificate, is due and payable. The Architect's final Certificate
for Payment will constitute a further representation that the conditions precedent to the Contractor's being entitled to final
payment, as set forth, have been fulfilled.
Upon receipt of the Architect's Certificate of Completion, the Owner's Representative shall, if such Certificate is
satisfactory, submit same to the Owner, who shall pay to the Contractor on or before the 31 st day after the date of the
Certificate of Completion, the balance due Contractor under the terms of this Agreement, provided he has fully performed
his contractual obligations under the terms of said Agreement; and said payment shall become due in any event upon said
performance by the Contractor. Neither the certificate of acceptance, nor the final payment, nor any provisions in the
Contract Documents shall relieve the Contractor of the obligation for fulfillment of any warranty which may be required in
the special conditions (if any) of this Contract or in the specifications made a part of this Contract.
59. CORRECTION OF WORK BEFORE FINAL PAYMENT FOR WORK
The Contractor shall promptly remove from the Owner's premises all materials condemned by the Owner's Representative
on account of failure to conform to the Contract, whether actually incorporated in the work or not, and the Contractor shall
at his own expense promptly replace such condemned materials with other material conforming to the requirements of the
Contract. The Contractor shall also bear the expense of restoring all work of other contractors damaged by any such
removal or replacement. If the Contractor does not remove and replace any such condemned work within a reasonable time
after a written notice by the Owner or the Owner's Representative, Owner may remove and replace it at Contractor's
expense.
60. CORRECTION OF WORK AFTER FINAL PAYMENT
�., Neither the final payment nor certificate nor any provision in this Contract shall relieve the Contractor of responsibility for
faulty materials or workmanship, and he shall remedy any defects due thereto and pay for any damage to other work
resulting therefrom which shall appear within a period of one (1) year from the date of substantial completion. The Owner
or the Owner's Representative shall give notice of observed defects with reasonable promptness.
61. PAYMENT WITHHELD
r` The Architect may decline to certify payment, and may withhold his Certificate in whole or in part, to the extent reasonably
necessary to protect the Owner if, in his opinion, he is unable to make representations to the Owner as provided. If the
Architect is unable to make representations to the Owner as provided, and to certify payment in the amount of the
Application, he will notify the Contractor. If the Contract or the Architect cannot agree on a revised amount, the Architect
will promptly issue a Certificate for Payment for the amount for which he is able to make such representations to the
Owner. The Architect may also decline to certify payment or, because of subsequently discovered evidence or subsequent
observations, he may nullify the whole or any part of any Certificate for Payment previously issued, or the Owner may
withhold or nullify the whole or part of any Certificate of Payment, to such extent as may be necessary to protect the Owner
j from loss because of:
1. defective work not remedied,
2, third party claims filed or reasonable evidence indicating probable filing of such claims,
failure to the Contractor to make payments properly to subcontractors, or for labor, materials, or
equipment,
reasonable evidence that the work cannot be completed for the unpaid balance of the Contract Sum,
5. damage to the Owner or another contractor,
6. reasonable evidence that the work will not be completed within the Contract time,
7. persistent failure to carry out the work in accordance with the Contract Documents, or
8. failure to comply with contractual obligations to meet all federal requirements concerning labor standards.
When the above grounds are removed, or the Contractor provides a surety bond satisfactory to the Owner which
will protect the Owner in the amount withheld, payment shall be made for amounts withheld because of the above
grounds.
62. DELAYED PAYMENT
If within seven days after receipt of the Contractor's Application for Payment, the Architect does not issue a Certificate for
Payment or notify the Contractor that he is unable to make representations to the Owner, as provided in Section 40 herein,
or if the Owner does not pay the Contractor within seven days after the date established in the Contract Documents any
amount certified by the Architect or awarded by arbitration, or any sum due to the Contractor which is not in dispute, then
the Owner shall pay the Contractor, in addition to the sums shown as due by such statement or Certificate, interest thereon
at the rate of zero percent per annum, unless otherwise specified, from the date due, as provided under partial payments and
final payments heretofore set forth in this Contract, until such sums are fully paid, which shall fully liquidate any injury to
the Contractor growing out of such delay in payment.
63. TIME OF FILING CLAIMS
It is further agreed by both parties hereto that all questions of dispute or adjustment presented by the Contractor shall be in
writing and filed with the Owner's Representative within fifteen (15) days after the Architect has given any directions,
orders or instructions to which the Contractor desires to take exception. The Owner's Representative shall reply to such
written exceptions by the Contractor and render his final decision in writing. In case the Contractor should appeal from the
decision of the Owner's Representative, any demand for arbitration shall be filed with, the Owner's Representative and the
Owner in writing within ten (10) days after the date of delivery to the Contractor of the final decision of the Owner's
Representative. It is further agreed that final acceptance of the work by the Owner and the acceptance by the Contractor of
the final payment shall be a bar to any claim by either party, except where noted otherwise in the Contract Documents.
64. ARBITRATION
All questions of dispute under this Agreement shall be submitted to arbitration at the request of either party to the dispute.
The parties may agree upon one arbitrator, otherwise, there shall be three; one named in writing by each party and the third
chosen by the two arbiters selected; or if the arbiters fail to select a third arbiter within ten (10) days, he shall be chosen by
the District Judge, 72nd District of Texas. Each arbiter shall 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
decision of the Owner's Representative shall be final and binding on him. Should the other party fail to choose an arbiter
within ten (10) days, the Owner's Representative shall appoint such arbiter. Should either party refuse or neglect to supply
the arbiters with any papers or information demanded in writing, the arbiters are empowered by both parties to take Ex Part
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 form date of the award by the arbiters, and it is hereby agreed that
each party shall have the right of appeal, and all proceedings shall be according to and governed by the Arbitration Statutes
of Texas, being Article 224, et seq., Vernon's Annotated Civil Statutes. THE DECISION OF THE ARBITERS UPON
ANY QUESTION SUBMITTED TO ARBITRATION UNDER THIS CONTRACT SHALL BE A CONDITION
PRECEDENT TO ANY RIGHT OF LEGAL ACTION.
The arbiters, if they deem the case demands it, are authorized to award the party whose contention is sustained such sums as
they deem proper for the time, expense and trouble incident to the appeal, and if the appeal was taken without reasonable
cause, they may award damages for any delay occasioned thereby. The abreast shall fix their own compensation, unless
otherwise provided by agreement, and shall assess the costs and charges of the arbitration upon either or both parties. The
award of the arbiters must be made in writing and shall not be open to objection on account of the form of proceedings or
award.
65. ABANDONMENT BY CONTRACTOR
r ' In case the Contractor should abandon and fail or refuse to resume work within ten (10) days after written notification from
the Owner's Representative or Architect, or if the Contractor fails to comply with the orders of the Architect, when such
orders are consistent with this Contract, or the Specifications hereto attached, then the Surety on the bond shall be notified
r in writing and directed to complete the work, and a copy of said notice shall be delivered to the Contractor
After receiving said notice of abandonment, the Contractor shall not remove from the work any machinery, equipment,
tools, materials or supplies then on the job, but the same, together with any materials and equipment under the Contract for
work, may be held for use on the work by the Owner or the Surety of the Contractor or another Contractor in completion of
the work; and the Contractor shall not receive any rental or credit therefore (except when used in connection with Extra
Work, where credit shall be allowed as provided for under Section 25 of this Contract); it being understood that the use of
such equipment and materials will ultimately reduce the cost to complete the work and be reflected in the final settlement.
In case the Surety should fail to commence compliance with the notice for completion hereinbefore provided for, within ten
(10) days after service of such notice, then the Owner may provide for completion of the work in either of the following
elective manners:
(a) The Owner may enjoy such force of men and use of machinery, equipment, tools, materials and supplies
as said Owner may deem necessary to complete the work and charge the expense of such labor,
machinery, equipment, tools, materials and supplies to said Contractor, and the expense so charged shall
be deducted and paid by the Owner out of such moneys as may be due, or that may thereafter at any time
become due to the Contractor under and by virtue of this Agreement. In case such expense is less than the
sum which would have been payable under this Contract, if the same had been completed by said
Contractor, then the Contractor and/or his Surety shall pay the amount of such excess to the Owner, or
(b) The Owner, under sealed bids, after notice published as required by law, at least twice in a newspaper
having a general circulation in the county where the work is located, may let the contract for the
completion of work under substantially the same terms and conditions which are provided in this
Contract. In case of any increase in cost to the Owner under the new contract as compared to what would
have been the cost under this Contract, such increase shall be charged to the Contractor, and the Surety
shall be and remain bound therefore. However, should the cost to complete any such new contract prove
to be less than that which would have been the cost to complete the work under this Contract„ the
Contractor or his Surety shall be credited therewith.
When the work shall have been substantially completed, the Contractor and his Surety shall be so notified and
" certificates of completion and acceptance, as provided in Section 57 hereinabove set forth, shall be issued. A
complete itemized statement of the Contract accounts, certified by the Owner's Representative as being correct,
shall then be prepared and delivered to the Contractor and his Surety, whereon the Contractor or his Surety or the
N Owner, as the case may be, shall pay the balance due, as reflected by said statement, within sixty days after the date
of certificate of completion.
In the event the statement of accounts shows that the cost to complete the work is less than that which would have
been the cost to the Owner had the work been completed by the Contractor under the terms of this Contract, or
when the Contractor and/or his Surety 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
1
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 to the proper owners any machinery, equipment, tools, materials or supplies which remain on the job site
and belong to persons other than the Contractor of his Surety.
66. ABANDONMENT BY OWNER
In case the Owner shall fail to comply with the terms of this Contract, and should fail or refuse to comply with said terms
within ten (10) days after written notification by the Contractor, then the Contractor may suspend or wholly abandon the
work, and may remove therefrom all machinery, tools and equipment, and all materials on the ground that have not been
included in payments to the Contractor and have not been incorporated into the work. Thereupon, the Architect shall make
an estimate of the total amount earned by the Contractor, which estimate shall include the value of all work actually
completed by said Contractor at the prices stated in the attached proposal, the value of all partially completed work at a fair
and equitable price, and the amount of all Extra Work performed at the prices agreed upon, or provided for by the terms of
this Contract, and a reasonable sum to cover the cost of any provisions made by Contractor to carry the whole work to
completion, and which cannot be utilized. The Architect shall then make a final statement of the balance due the
Contractor by deducting from `the above estimate all previous payments by the Owner and all other sums that may be
retained by the Owner under the terms of this Agreement, and shall certify same to the Owner's Representative. If the
Owner's Representative finds the statement to be satisfactory, he shall submit it to the Owner, who shall pay to the
Contractor on or before thirty (30) days after the date of the notification by the Contractor the balance shown by said final
statement as due the Contractor under the terms of this Agreement.
67. LOSSES FROM NATURAL CAUSES
Unless otherwise specified herein, all loss or damage to the Contractor arising out of the nature of the work to be done, or
from the action of the elements, or from any unforeseen circumstances and the prosecution of the same, 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.
68. INDEPENDENT CONTRACTOR
Contractor is, and shall remain, an independent contractor, with full, complete and exclusive power and authority to direct,
supervise and control his own employees and to determine the method for performance of the work covered by this
Contract. The fact that the Owner's Representative or Architect shall have the right to observe Contractor's work during its
performance and to carry out the other prerogatives which are expressly reserved to and vested in the Owner, Owner's
Representative or Architect hereunder, is not intended to and shall not at any time change or affect the status of the
Contractor as an independent contractor with respect to the Owner, Owner's Representative, Architect or the Contractor's
own employees, or to any other person, firm or corporation.
69. CLEANING UP
The Contractor shall at all times keep the premises free from accumulation of debris caused by the work, and at the
completion of the work he shall remove all such debris and also his tools, scaffolding and surplus materials, and shall leave
the work room clean or its equivalent. The work shall be left in good order and condition. In case of dispute, the Owner
may remove the debris and charge the cost to the Contractor.
70. CONTRACTOR'S RIGHT TO TERMINATE
The Contractor shall have the right to terminate the Contract at any time when circumstances beyond the,Contractor's
control occur, through no fault of the Contractor, which prohibit the completion of the Agreement as contemplated by the
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parties at the time of execution. Should the Contractor choose to terminate this Agreement, he shall accrue no rights to full
Poo payment thereunder and shall receive only a pro rata payment for work actually performed, the amount of such payment to
be assessed by the Owner. Should the Contractor choose not to terminate, even though cause exists under this provision,
liquidated damages as set forth herein shall in no way be affected.
71. RIGHT OF THE OWNER TO TERMINATE CONTRACT
In the event that any of the provisions of this Contract are violated by the Contractor, or by any of his subcontractors, the
Owner may serve written notice upon the Contractor and the Surety of the Owner's intention to terminate the Contract,
such notices to contain the reasons for such intention, and unless within ten (10) days after the serving of such notice upon
the Contractor, such violation or delay shall cease and satisfactory arrangement of or correction be made, the Contract shall,
upon the expiration of said ten (10) days, cease and terminate. In the vent of any such termination, the Owner shall
immediately serve notice thereof upon the Surety and The Contractor, and the surety shall have the right to take over and
perform the Contract: Provided, however, that if the Surety does not commence performance thereof within ten (10) days
from the date of the mailing to such Surety of notice of termination, the Owner may take over the work and prosecute the
same at the expense of the Contractor and the Contractor and his Surety shall be liable to the Owner for any excess cost
occasioned the Owner thereby, and in such event the Owner may take possession of and utilize in completing the work such
materials, appliance and plant as may be on the site of the work and necessary therefore.
72. BREACH OF FOREGOING FEDERAL LABOR STANDARDS PROVISIONS
In addition to the causes for termination of this Contract as herein elsewhere set forth, the Local Public Agency or Public
Body reserves the right to terminate this Contract if the Contractor or any subcontractor whose subcontract covers any of the
work covered by this Contract shall breach any of these Federal Labor Standards Provisions. A breach of these Federal
Labor Standards Provisions may also be grounds for debarment, as provided by the applicable regulations issued by the
Secretary of Labor. A breach of Section 45 and the Federal Labor Standards Provisions may be grounds for termination of
the Contract, and for debarment as provided in 29 CFR 5.6.
73. INTEREST OR MEMBER OF OR DELEGATE TO CONGRESS
No member of or Delegate to Congress or Resident Commissioner shall be admitted to any share of this Contract or to any
benefit that may arise therefrom, but this provision shall not be construed to extend to this Contract if made with a
corporation for its general benefit.
74. OTHER PROHIBITED INTERESTS
No official of the Owner who is authorized in such capacity and on behalf of the Owner to negotiate, make, accept or
approve, or to take part in negotiating, making, accepting or approving any architectural, engineering, inspection,
construction or material supply contract or any subcontract in connection with the construction of the project shall become
directly or indirectly interested personally in this Contract or in any part hereof. No officer, employee, architect, attorney,
engineer or inspector of or for the Owner who is authorized in such capacity and on behalf of the Owner to exercise any
' legislative, executive, supervisory or other similar functions in connection with the construction of the project shall become
directly or indirectly interested personally in this Contract or in any part thereof, any material supply contract, subcontract,
insurance contract or any other contract pertaining to the project.
75. SPECIAL EQUAL OPPORTUNITY PROVISIONS
A. Activities and Contracts Not Subject to Executive Order 11246, as Amended.
Applicable to Federally assisted construction contracts and related subcontractors under $10,000)
During the performance of this Contract, the Contractor agrees as follows:
r' (1) The Contractor shall not discriminate against any employee or applicant for employment because of race,
color, religion, sex or national origin. The Contractor shall take affirmative action to ensure that
applicants for employment are employed, and that employees are treated during employment, without
�, regard to their race, color, religion, sex or national origin. Such action shall include, but not be limited
to, the following: employment, upgrading, demotion or transfer; recruitment or recruitment advertising;
layoff or termination; rates of pay or other forms of compensation; and selection for training, including
apprenticeship.
(2) The Contractor shall post in conspicuous places, available to employees and applicants for employment,
notices to be provided by the Contracting Officer setting forth the provisions of this nondiscrimination
clause. The Contractor shall state that all qualified applicants will receive consideration for employment
without regard to race, color, religion, sex or national origin.
(3) The Contractor shall incorporate the foregoing requirements in all subcontracts.
B. Contracts Subiect to Executive Order 11246, as Amended.
(Applicable to Federally assisted construction contracts and related subcontracts exceeding. $10,000)
During the performance of this Contract, the Contractor agrees as follows:
(1) The Contractor will not discriminate against any employee or applicant for employment because of race,
color, religion, sex or national origin. The Contractor will take affirmative action to ensure that
applicants for employment are employed, and that employees are treated during employment, without
regard to their race, color, religion, sex or national origin. Such action shall include, but not limited to,
the following: employment, upgrading, demotion or transfer„ recruitment or recruitment advertising;
layoff or termination; rates of pay or other forms of compensation; and selection for training, including
apprenticeship. The Contractor agrees to post in conspicuous places, available to employees and
applicants for employment, notices to be provided by the Contracting Officer setting forth the provisions
of this nondiscrimination clause.
(2) The Contractor will, in all solicitations or advertisements for employees placed by or on behalf of the
Contractor, state that all qualified applicants will receive consideration for employment without regard to
race, color, religion, sex or national origin.
(3) The Contractor will send to each labor union or representative of workers with which he has a collective
bargaining agreement or other contract or understanding, a notice to be provided by the Contract
Compliance Officer advising the said labor union or workers' representative of the Contractor's
commitment under this Section, and shall post copies of the notice in conspicuous places available to
employees and applicants for employment.
(4) The Contractor will comply with all provisions of Executive Order 11246 of September 24, 1965, and the
rules, regulations and relevant orders of the Secretary of Labor.
(5) The Contractor will furnish all information and reports required by Executive Order 11246 of September
24, 1965, and the rules, regulations and orders of the Secretary of Labor, or pursuant thereto, and will
permit access to his books, records and accounts by the Department and the Secretary of Labor for
purposes of investigation to ascertain compliance with such rules, regulations and orders.
(6) In the event of the Contractor's noncompliance with the nondiscrimination clauses of this Contract, or
with any of such rules, regulations or orders, this Contract may be canceled, terminated, or suspended in
whole or in part, and the Contractor may be declared ineligible for further Government contracts or
federally assisted construction contract procedures authorized in Executive Order 11246 of September 24,
1965, or by rule, regulation or order of the Secretary of Labor, or as otherwise provided by laws.
(7) The Contractor will include the portion of the sentence immediately preceding paragraph B(1) of this
Section, and the provisions of paragraphs (1) through (7) which follow, in every subcontract or purchase
order unless exempted by rules, regulations or orders of the Secretary of Labor issued pursuant to Section
204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each
subcontractor or vendor. , The Contractor will take such action with respect to any subcontractor or
purchase order as the Department may direct as a means of enforcing such provisions, including sanctions
for noncompliance. Provided, however, that in the event a Contractor become involved in, or is
r threatened with, litigation with the Department, the Contractor may request the United States to enter
such litigation to protect the interest of the United States.
C. "Section 3" Compliance in the Provision of Training. Employment and Business Opportunities:
P^
! 1(Applicable to Federally assisted construction contracts and related subcontracts exceeding $10,000)
.
During the performance of this Contract, the Contractor agrees as follows:
(1) The Contractor agrees to comply with the requirements of Section 3 of the Housing and Urban
Development Act of 1968 (1 USC 170(u)), as amended, the HUD regulations issued pursuant
thereto at 24 CFR Part 135, and any applicable rules and orders of HUD issued thereunder.
i
(2) The "Section 3" set forth in 24 CFR 135.20(b) shall form part of this Contract, as set forth in
r., Paragraph 1 of the General Conditions, "Contract and Contract Documents."
(3) Contractors shall incorporate the "Section 3 clause" shown below and the foregoing requirements
in all subcontracts.
Section 3 Clause as set forth in 24 CFR 135.20(b)
A. The work to be performed under this Contract is on a project assisted under a program providing direct
Federal financial assistance from the Department of Housing and Urban Development and is subject to the
requirements of Section 3 of the Housing and Urban Development Act or 1968, as amended, 12 U.S.C.
1701u. Section 3 requires that to the greatest extent feasible opportunities for training and employment be
given lower income residents of the project area, and contracts for work in connection with the project be
awarded to business concerns which are located in, or owned in substantial part by persons residing in the
area of the project.
f B. The parties to this Contract will comply with the provisions of said Section 3 and the regulations issued
pursuant thereto by the Secretary of Housing and Urban Development and set forth in 24 CFR 135.20(b),
and all applicable rules and orders of the Department issued thereunder, prior to the execution of this
r Contract. The parties to this Contract certify and agree that they are under no contractual or other
disability which would prevent them from complying with these requirements.
C. The Contractor will send to each labor organization or representative of workers with which he has a
F collective bargaining agreement or other contract or understanding, if any, a notice advising the said labor
organization or workers' representative of his commitments under this Section 3 clause, and shall posts
copies of the notice in conspicuous places available to employees and applicants for employment or
training.
D. The Contractor will include this Section 3 clause in every subcontract for work in connection with the
project and will, at the direction of the applicant for or recipient of Federal financial assistance, take
appropriate action pursuant to a subcontract upon a finding that a Subcontractor is in violation of
regulations issued by the Secretary of Housing and Urban Development, 24 CFR 135.20 (b). The
Contractor will not subcontract with any subcontractor where the Contractor has notice or knowledge that
the subcontractor has been found in violation of regulations under 24 CFR 135.20 (b), and will not let any
subcontract unless the subcontractor has first provided said Contractor with a preliminary statement of
ability to comply with the requirements of these regulations.
E. Compliance with the provisions of Section 3, the regulations set forth in 24 CFR 135.20 (b), and all
applicable rules and orders of the Department issued thereunder prior to the execution of the Contract,
shall be a condition of the Federal financial assistance provided tot he project, binding upon the applicant
F, or recipient for such assistance, its successors and assigns. Failure to fulfill theses requirements shall
subject the applicant or recipient, its contractors and subcontractors, its successors and assigns to those
sanctions specified by the grant or loan agreement or contract through which Federal assistance is
provided, and to such sanctions as are specified by 24 CFR 135.20(b).
76. CERTIFICATION OF COMPLIANCE WITH AIR AND WATER ACTS
(Applicable to Federally assisted construction contracts and related subcontracts exceeding $ 100,000)
Compliance with Air and Water Acts
During the performance of this Contract, the Contractor and all subcontractors shall comply with the requirements of the
Clean Air Act, as amended, 42 USC 1857 et seq., and the Federal water Pollution Control Act, as amended, 33 USC 1251
et seq., and the regulations of the Environmental Protection Agency with respect thereto, at 40 CFR Part 15, as amended.
In addition to the foregoing requirements, all non-exempt contractors and subcontractors shall furnish to the Owner the
following:
(1) A stipulation by the Contractor or subcontractors that any facility to be utilized in the performance of any
nonexempt contract or subcontract is not listed on the List of Violating Facilities issued by the Environmental
Protection Agency (EPA) pursuant to 40 CFR 15.20.
(2) An agreement by the Contractor to comply with all the requirements of Section 114 of the Clean Air Act, as
amended, (42 USC 1857c-8) and Section 308 of the Federal Water Pollution Control Act, as amended, (33 USC
1318) relating to inspection, monitoring, entry, reports and information, as well as all other requirements specified
in said Section 114 and Section 308, and all regulations and guidelines issued thereunder.
(3) A stipulation that as a condition for the award of the Contract, prompt notice will be given of any notification
received from the Director, Office of Federal Activities, EPA, indicating that a facility utilized, or to be utilized for
the contracts, is under consideration to be listed on the EPA List of Violating Facilities.
(4) An agreement by the Contractor that he will include, or cause to be included, the criteria and requirements in
paragraphs (1) through (4) of this Section in every nonexempt subcontract and requiring that the Contractor will
take such action as the Government may direct as a means of enforcing such provisions.
77. SPECIAL CONDITIONS PERTAINING TO HAZARDS SAFETY STANDARDS AND ACCIDENT PREVENTION
A. Lead -Based Pain Hazards
(Applicable to contracts and related subcontracts for construction or rehabilitation of residential structures
exceeding $100,000)
The construction or rehabilitation of residential structures is subject to the HUD Lead -Based Paint regulations, 24
CFR Part 35. The Contractor and subcontractors shall comply with the provisions for the elimination of lead4msed
paint hazards under sub -part B of said regulations. The Owner will be responsible for the inspections and
certifications required under Section 35.14(f) thereof.
B. Use of Explosives
The use of explosives will not be permitted unless written permission to do so is obtained by the Contractor from
the City. When the use of explosives is necessary for the prosecution of the work, the Contractor shall observe all
local, state and Federal laws in purchasing and handling explosives. The contractor shall take all necessary
precautions to protect completed work, neighboring property, water lines or other underground structures. Where
there is danger to structures or property from blasting, the charges shall be reduced and the material shall be
covered with suitable timber, steel or rope mats.
The Contractor shall notify all owners of public utility property of his intention to use explosives at least eight
hours before blasting is done close to such property. Any supervision or direction of use of explosives by the
' Engineer does not in any way reduce the responsibility of the Contractor or his Surety for damages that may be
rcaused by such use.
C. Danger Signals and Safety Devices
PO* The Contractor shall make all necessary precautions to guard against damages to property and injury to persons.
He shall put up and maintain in good condition sufficient red or warning lights at night, suitable barricades and
other devices necessary to protect the public. In case the Contractor fails or neglects to take such precautions, the
'.m Owner may have such lights and barricades installed and charge the cost of this work to the Contractor. Such
action by the Owner does not relieve the Contractor of any liability incurred under these specifications or Contract.
78. NONDISCRIMINATION AGAINST THE HANDICAPPED - SECTION 504
The Contractor shall not discriminate against any otherwise qualified handicapped employee or applicant for employment
solely by reason of his handicap. The Contractor shall comply with Section 504 of the Rehabilitation Act of 1973 (P.L. 93-
r.. 112) as amended (129 U.S.C.A. section 794).
EXHIBITS
A. COPELAND ANTI -KICKBACK REGULATIONS
B. CURRENT WAGE DETERMINATIONS
ATTACHMENT TO FEDERAL LABOR STANDARDS PROVISIONS
r... SO-CALLED "ANTI -KICKBACK ACT" AND REGULATIONS PROMULGATED
PURSUANT THERETO BY THE SECRETARY OF LABOR,
UNITED STATES DEPARTMENT OF LABOR
r" TITLE 18, U.S.C., SECTION 874
(Replaces Section 1 of the Act of June 13, 1934 (48 Stat. 948, 40 U.S.C., Sec. 276b) pursuant to the Act of June 25, 1948, 62 Stat.
862)
KICKBACKS FROM PUBLIC WORKS EMPLOYEES
Whoever, by force, intimidation, or threat of procuring dismissal from employment, or by any other manner whatsoever
induces any person employed in the construction, prosecution, completion or repair of any public building, public work, or building
or work financed in whole or in part by loans or grants from the United States to give up any part of the compensation to which he is
entitled under his contract of employment, shall be fined not more than $5,000 or imprisoned not more than five years, or both.
SECTION 2 OF THE ACT OF JUNE 13, 1934, AS AMENDED (48 Stat. 948,62 Stat. 862,63 Stat. 108, 72 Stat. 967,40 U.S.C.,
Sec. 276c)
The Secretary of Labor shall make reasonable regulations for contractors and subcontractors engaged in the construction,
prosecution, completion or repair of public buildings, public works or buildings or work finance din whole or in part by loans or
grants from the United States, including a provision that each contractor and subcontractor shall furnish weekly a statement with
respect to the wages paid each employee during the preceding week. Section 1001 of Title 18 (United State Code) shall apply to
such statements.
Pursuant to the aforesaid Anti -Kickback Act, the Secretary of Labor, United States Department of Labor, has promulgated
the regulations hereinafter set forth, which regulations are found in Title 29, Subtitle A, Code of Federal Regulations, Part 3. The
term "this part," as used in the regulations hereinafter set forth, refers to Part 3 last above mentioned. Said regulations are as
follows:
TITLE 29 - LABOR
Subtitle A - Office of the Secretary of Labor
PART 3 - CONTRACTORS AND SUBCONTRACTORS ON PUBLIC BUILDING OR PUBLIC WORK FINANCED IN
WHOLE OR IN PART BY LOANS OR GRANTS FROM THE UNITED STATES
Section 3.1 Purpose and scope.
This part prescribes "anti -kickback" regulations under Section 2 of the Act of June 13, 1934, as amended (40
U.S.C. 276c), popularly known as the Copeland Act. This part applies to any contract which is subject to Federal
wage standards and which is for the construction, prosecution, completion, or repair of public buildings, public
works or buildings or work financed in whole or in part by loans or grants from the United States. The part is
intended to aid in the enforcement of the minimum wage provisions of the Davis -Bacon Act and the various
statutes dealing with Federally -assisted construction that contain similar minimum wage provisions, including
those provisions which are not subject to Reorganization plan No. 14 (e.g., the College Housing Act of 1950, the
r" Federal Water Pollution Control Act, and the Housing Act of 1959), and in the enforcement of the overtime
provisions of the Contract Work Hours Standards Act whenever they are applicable to construction work. The part
details the weekly submission of statements regarding the wages paid on work covered thereby; sets forth the
e
circumstances and procedures governing the making of payroll deductions from the wages of those employed on
such work; and delineates the methods of payment permissible on such work.
Section 3.2 Definitions.
As used in the regulation in this part:
(a) The terms "building" or "work" generally includes construction activity as distinguished from manufacturing,
furnishing of materials, or servicing and maintenance work. The terms include, without limitation, buildings,
structures, and improvements of all types, such as bridges, dams, plants, highways, parkways, streets, subways,
tunnels, sewers, mains, power lines, pumping stations, railways, airports, terminals, docks, piers, wharves, ways,
lighthouses, buoys, jetties, breakwaters, levees, and canals; dredging, shoring, scaffolding, drilling, blasting,
excavating, clearing, and landscaping. Unless conducted in connection with and at the site of such a building or
work as is described in the foregoing sentence, the manufacture or furnishing of materials, articles, supplies, or
equipment (whether or not a Federal or State agency acquires title to such materials, articles, supplies, or
equipment during the course of the manufacture or furnishing, or owns the materials from which they are
manufactured or furnished) is not a "building" or "work" within the meaning of the regulations in this part.
(b) The terms "conditions", "prosecution", "completion", or "repair" mean all types of work done on a particular
building or work at the site thereof, including, without limitation, altering, remodeling, painting and decorating,
the transporting of materials and supplies to or from the building or work by the employees of the construction
contractor or construction subcontractor, and the manufacturing or furnishing of materials, articles, supplies, or
equipment on the site of the building or work, by persons employed at the site by the contractor or subcontractor.
(c) The terms "public building" or "public work" include building or work for whose construction, prosecution,
completion, or repair, as defined above, a Federal agency is a contracting party, regardless of whether title thereof
is in a federal agency.
(d) The term "building or work financed in whole or in part by loans or grants from the United States" includes
building or work for whose construction, prosecution, completion, or repair, as defined above, payment or part
payment is made directly or indirectly from funds provided by loans or grants by a Federal agency. The term does
not include building or work for which Federal assistance is limited solely to loan guarantees or insurance.
(e) Every person paid by a contractor or subcontractor in any manner for his labor in the construction, prosecution,
completion, or repair of a public building or public work or building or work financed in whole or in part by loans
or grants from the United States is "employed" or receiving "wages", regardless of any contractual relationship
alleged to exist between him and the real employer.
(f) The term "any affiliated person" includes a spouse, child, parent, or other close relative of the contractor or
subcontractor, a partner or officer of the contractor or subcontractor, a corporation closely connected with the
contractor or subcontractor as parent, subsidiary or otherwise, and an officer or agent of such corporation.
(g) The term "Federal agency" means the United States, the District of Columbia, and all executive departments,
independent establishments, administrative agencies, and instrumentality's of the United States and of the District
of Columbia, including corporations, all or substantially all of the stock of which is beneficially owned by the
United States, by the District of Columbia, or any of the foregoing departments, establishments, agencies, and
instrumentality's.
Section 3.3 Weekly statement with respect to payment of wages.
(a) As used in this section, the term "employee" shall not apply to persons in classifications higher than that of
laborer or mechanic and those who are the immediate supervisors of such employees.
(b) Each contractor or subcontractor engaged in the construction, prosecution, completion, or repair of any public
building or public work, or building or work financed in whole or in part by loans or grants form the United States,
shall furnish each week a statement with respect to the wages paid each of its employees engaged on work covered
by 29 CFR Parts 3 and 5-during the preceding weekly payroll period. This statement shall be executed by the
PM
contractor or subcontractor or by an authorized officer or employee of the contractor or subcontractor who
supervises the payment of wages, and shall be on form WH 348 "Statement of Compliance", or on an identical
r form on the back of WH 347, "Payroll (For Contractors Optional Use)" or on any form with identical wording.
Sample copies of WH 347 and WH 347 and WH 348 may be obtained from the Government contracting or
sponsoring agency, and copies of these forms may be purchased at the Government Printing Office.
(c) The requirements of this section shall not apply to any contract of $2,000 or less.
(d) Upon a written finding by the head of a Federal agency, the Secretary of Labor may provide reasonable
limitations, variations, tolerances, and exemptions from the requirements of this section subject to such conditions
as the Secretary of Labor may specify.
(29 F.R 95, Jan. 4, 1964, as amended at 33 F.R. 10186, July 17, 1968)
Section 3.4 Submission of weekly statements and the preservation and inspection of weekly payroll records.
(a) Each weekly statement required under Section 3.3 shall be delivered by the contractor or subcontractor, within
seven days after the regular payment date of the payroll period, to a representative of a Federal or State agency in
charge at site of the building or work, or, if there is nor representative of a Federal or State agency at the site of the
building or work, the statement shall be mailed by the contractor or subcontractor, within such time, to a Federal or
state agency contracting for or financing the building or work. After such examination and check as may be made,
such statement, or a copy thereof, shall be kept available, or shall be transmitted together with a report of arty
violation, in accordance with applicable procedures prescribed by the United States Department of Labor.
(b) Each contractor or subcontractor shall preserve his weekly payroll records for a period of three years from date
of completion of the contract. The payroll records shall set out accurately and completely the name and address of
each laborer and mechanic, his correct classification, rate of pay, daily and weekly number of hours worked,
deductions made, and actual wages paid. Such payroll records shall be made available at all times for inspection
by the contracting officer or his authorized representatives of the Department of Labor.
Section 3.5 Payroll deductions permissible without application to or approval of the Secretary of Labor.
Deductions made under the circumstances or in the situations described in the paragraphs of this section may be
made without application to and approval of the Secretary of Labor:
(a) Any deduction made in compliance with the requirements of Federal, State, or local law, such as Federal or
State withholding income taxes and Federal social security taxes.
(b) Any deduction of sums previously paid to the employee as a bona fide prepayment of wages when such
r prepayment is made without discount or interest. A "bona fide prepayment of wages" is considered to have been
made only when cash or its equivalent has been advanced to the person employed in such manner as to give him
complete freedom of disposition of the advanced funds.
(c) Any deduction of amounts required by court process to be paid to another, unless the deduction is in favor of
the contractor, subcontractor or any affiliated person, or when collusion or collaboration exists.
(d) Any deductions constituting a contribution on behalf of the person employed to funds established by the
employer or representatives of employees, or both, for the purpose of providing either form principal or income, or
both, medical or hospital care, pensions or annuities on retirement, death benefits, compensation for injuries,
illness, accidents, sickness, or disability, or for insurance to provide any of the foregoing, or unemployment
benefits, vacation pay, savings accounts, or similar payments for the benefit of employees, their families and
dependents: Provided, however, that the following standards are met: (1) The deduction is not otherwise
prohibited by law; (2) it is either: (I) Voluntarily consented to by the employee in writing and in advance of the
period in which the work is to be done and such consent is not a condition either for the obtaining of or for the
continuation of employment, or (ii) provided for in a bona fide collective bargaining agreement between the
contractor or subcontractor and representatives of its employees; (3) no profit or other benefit is otherwise
f^ obtained, directly or indirectly, by the contractor or subcontractor or any affiliated person in the form of
commission, dividend, or otherwise; and (4) the deductions shall serve the convenience and interest of the
employee.
(e) Any deduction contributing toward the purchase of United States Defense Stamps and Bonds when voluntarily
authorized by the employee.
(f) Any deduction requested by the employee to enable him to repay loans to or to purchase shares in credit unions
organized and operated in accordance with Federal and State credit union statutes.
(g) Any deduction voluntarily authorized by the employee for the making of contributions to governmental or
quasigovernmental agencies, such as the American Red Cross.
(h) Any deduction voluntarily authorized by the employee for the making of contributions to community Chests,
United Givers Funds, and similar charitable organizations.
(i) Any deduction to pay regular union initiation fees and membership dues, not including fines or special
assessments: Provided, however, that a collective bargaining agreement between the contractor or subcontractor
and representatives of its employees provides for such deductions and the deductions are not otherwise prohibited
by law.
(j) Any deduction not more than for the "reasonable cost" of board, lodging, or other facilities meeting the
requirements of section 3(m) of the Fair Labor Standards Act of 1938, as amended, and Part 531 of this title.
When such a deduction is made the additional records required under Section 516.27(a) of this title shall be kept.
Section 3.6 Payroll deductions permissible with the approval of the Secretary of Labor.
Any contractor or subcontractor may apply to the Secretary of Labor for permission to make any deduction not
permitted under Section 3.5. The Secretary may grant permission whenever he finds that:
(a) The contractor, subcontractor, or any affiliated person does not make a profit or benefit directly or indirectly
form the deduction either in the form of a commission, dividend, or otherwise'
(b) The deduction is not otherwise prohibited by law;
(c) The deduction is either (1) voluntarily consented to by the employee in writing and in advance of the period in
which the work is to be done and such consent is not a condition either for the obtaining of employment or its
continuance, or (2) provided for in a bona fide collective bargaining agreement between the contractor or
subcontractor and representatives of its employees; and
(d) The deduction serves the convenience and interest of the employee.
Section 3.7 Applications for the approval of the Secretary of Labor.
Any application or the making of payroll deductions under Section 3.6 shall comply with the requirements
prescribed in the following paragraphs of this section:
(a) The application shall be in writing and shall be addressed to the Secretary of Labor.
(b) The application shall identify the contract or contracts under which the work in question is to be performed.
Permission will be given for deductions only on specific, identified contracts, except upon a showing of exceptional
circumstances.
(c) The application shall state affirmatively that there is compliance with the standards set forth in the provisions
of Section 3.6. The affirmation shall be accompanied by a full statement of the facts indicating such compliance.
(d) The application shall include a description of the proposed deduction, the purpose to be served thereby, and the
classes of laborers or mechanics form whose wages the proposed deduction would be made.
POW
(e) The application shall state the name and business of any third person to whom any funds obtained from the
proposed deductions are to be transmitted and the affiliation of such person, if any, with the applicant.
Section 3.8 Action by the Secretary of Labor upon applications.
r The Secretary of Labor shall decide whether or not the requested deduction is permissible under provisions of
Section 3.6; and shall notify the applicant in writing of his decision.
Section 3.9 Prohibited payroll deductions.
Deductions not elsewhere for by this part and which are not found to be permissible under Section 3.6 are
prohibited.
Section 3.10 Methods of payment of wages.
The payment of wages shall be by cash, negotiable instruments payable on demand, or the additional forms of
compensation for which deductions are permissible under this part. Not other methods of payment shall be
recognized on work subject to the Copeland Act.
r
Section 3.11 Regulations part of contract
All contracts made with respect to the construction, prosecution, completion, or repair of any public building or
public work or building or work financed in whole or in part by loans or grants from the United States covered by
the regulations in this part shall expressly bind the contractor or subcontractor to comply with such of the
regulations in this part as may be applicable. In this regard, see Section 5.5 (a) of this subtitle.
0 "J.7D,
t. r Dirt
July 19, 1994
Ms. Denish Wilson
City of Lubbock
PO Box 2000
Lubbock, TX 79457
Dear Ms. Wilson:
U. S. Department of Housing and Urban Development
Fort Worth Office. Region VI
1600 Throckmorton
P.O. Box 2905
Fort Worth. Texas 76113.2905
Subject: HUD Project Number B-93-MC-48 0022
Street Paving/Ten Residential Streets
Lubbock (Lubbock County), TX
Enclosed is wage decision number TX94-28/539 (general wage decision),
which is applicable to construction of the project cited above. General Wage
I;
Decisions have no expiration date; however, they are subject to modification
and/or supersedeas action by the U. S. Department of Labor. It is important
r that each wage decision be verified as current by calling this office at (817)
885-5829 ten (10) days prior to bid opening. Any supersedeas decision or
modification announced in the Federal Register ten (10) days prior to bid
opening will be applicable to the subject project. If the contract has not
been awarded within ninety (90) days after bid opening, any modifications
announced prior to award of that contract will be effective.
The applicable wage decision must be made a part of the bid documents
(if any) or invitations for proposals and every subsequent contract and
subcontract for construction work on the project. The wage rates listed shall
be the minimum. The enclosed Federal Labor Standards Provisions (HUD-4010)
must also be included in all contracts, subcontracts, and any lower -tier
subcontracts.
The recipient must hold a preconstruction conference with the principal
contractor and all available subcontractors prior to the start of
construction. The original copy of the prepared Preconstruction Minutes must
be retained in your files and a copy submitted to this office.
The enclosed poster and wage decision must be posted in a prominent,
readily accessible place on the job site. The Start Work Notice must be
completed and returned to the address shown on the top of the form.
If you need additional information, please feel free to contact our
Labor Relations staff at (817) 885-5829.
Enclosures
I
Sincerely,,
S
r
Ferias E. F
Labor Relat
/j
s Officer
General Decision Number TX940028 /,5'3 1
Superseded General Decision No. TX930028
r State: TEXAS
Construction Type:
Heavy
Highway
County(ies):
ECTOR POTTER TOM GREEN
LUBBOCK RANDALL
MIDLAND TAYLOR
HEAVY (excluding tunnels & dams) and HIGHWAY PROJECTS (does not
include building structures in rest area projects).
Modification Number Publication Date
0 02/11/1994 _
TX940028 - 1 02/11/1994
P`
r
HOIST - DOUBLE DRUM
8.100
t
MOTOR GRADER OPERATOR
FINE GRADE
10.343
MOTOR GRADER
9.635
PAVEMENT MARKING MACHINE
9.150
PLANER OPERATOR
10.458
L'
ROLLER, STEEL WHEEL PLANT
MIX PAVEMENTS
6.828
ROLLER, STEEL WHEEL OTHER,
FLATWHEEL OR TAMPING
6.474
ROLLER, PNEUMATIC SELF-PROPELLED
6.455
SCRAPER-17 C.Y. & LESS
7.546
SCRAPER -OVER 17 C.Y.
7.655
SIDE BOOM
6.350
�.�
TRACTOR -CRAWLER TYPE 150 HP
AND LESS
7.290
TRACTOR -CRAWLER TYPE OVER
150 HP
10.750
r
TRACTOR - PNEUMATIC
7.422
REINFORCING STEEL SETTER
PAVING
7.926
�•
REINFORCING STEEL SETTER
STRUCTURES
9.086
STEEL WORKER - STRUCTURAL
9.000
SPREADER BOX OPERATOR
7.332
r
BARRICADE SERVICER WORK ZONE
TRUCK DRIVER -SINGLE AXLE LIGHT
6.500
6.592
TRUCK DRIVER -SINGLE AXLE HEAVY
6.791
TRUCK DRIVER -TANDEM AXLE SEMI
TRAILER
7.130
TRUCK DRIVER-LOWBOY/FLOAT
8.868
TRUCK DRIVER -TRANSIT MIX
WELDER
6.891
11.827
r
Welders: Rate for the craft performing the operation to which
f
welding is incidental.
Unlisted classifications needed for
work not included within
the scope of the classifications listed may be: added after
award only as provided in the labor
standards contract clauses
(29 CFR 5.5(a) (1) (ii)) .
r
In the listing above, the "SU" designation means that rates
listed under that identifier do not
reflect collectively
r'
bargained wage and fringe benefit rates. Other designations
indicate unions whose rates have been determined to be
prevailing.
r
4"
END OF GENERAL DECISION
j TX940028 - 3 02/11/1994
Feaerai Labor Standards Provisions U.S. Department of Housing
and Urban Development
Applicability
The Protect or Program to which the construction work covered by this
contract pertains is bung assisted by the United States of America and the
following Federal Labor Standards Provisions are included in this Contract
Pursuant to the provisions applicable to such Federal assistance.
A. 1. (i) Minimum Wages. All laborers and mechanics employed or work-
ing upon the site of the work (or under the United States Housing Act of
1937 or under the Housing Act of 1949 in the construction or development
of the protect), will be paid unconditionally and not less often than once a
week, and without subsequent deduction or rebate on any account (except
such payroll deductions as are permitted by regulations issued by the
Secretary of Labor under the Copeland Act (29 CFR Part 3L the full amount
of wages and Mona fide fringe benefits (or cash equivalents thereof) due at
time of payment computed at rates not less than those contained in the
wage determination of the Secretary of labor which is attached hereto and
made a part hereof, regardless of any contractural relationship which may
be alleged to exist between the contractor and such laborers and
mechanics. Contributions made or costs reasonably anticipated for bona
fide fringe benefits under Section 1(b)(2) of the Davis -Bacon Act on behalf
of laborers or mechanics are considered wages paid to such laborers or
mechanics, subject to the provisions of 29 CFR'5.5(aN1 }(iv); also, regular
contributions made or costs incurred for more than a weekly period (but
not less often than quarterly) under plans, funds, or programs, which cover
the particular weekly period, are deemed to be constructively made or
incurred during such weekly period.
Such laborers and mechanics shall be paid the appropriate wage rate
and fringe benefits on the wage determination for the classification of work
actually performed. without regard to skill, except as provided in 29 CFR
Part 5.5(aX4). Laborers or mechanics performing work in more than one
classification may be compensated at the rate specified for each classitica-
lion for the time actually worked therein: Provided. That the employer's pay-
roll records accurately set forth the time spent in each classification in
which work is performed. The wage determination (including any additional
classification and wage rates conformed under 29 CFR Pan 5.5(axtxii) and
the Davis -Bacon poster (WH-1321) shall be posted at all times by the con-
tractor and its subcontractors at the site of the work in a prominent and
accessiblQ place where it can be easily seen by the workers
QQ (a) Any class of laborers or mechanics which is not listed in the
wage determination and which is to be employed under the contract shall
be 6usified in conformance with the wage determination. HUD shall
approve an additiorta' classification and wage rate and fringe benefits
dwefore only when the following criteria have been met
* (1) The work to be performed by the classification requested is not
performed by a classification in the wage determination; and
(2) The classification is utilized in the area by the construction
industry. and
(3) The proposed wage rate. including any bona fide fringe bene-
fits, bears a reasonable relationship to the wage rates contained in the
waae determination.
* (b) If the contractor and the laborers and mechanics to be employed
in the classification (it known), or their representatives. and HUD or its
designee agree on the classification and wage rate (including the amount
designated for fnnge benefits where appropnateL a report of the action
taken shall be sent by HUD or its designee tq the Administrator of the Wage
and Hour Division. Employment Standards Administration, U.S. Department
Of labor. Washington. O.C. 20210. The Administrator, or an authorized
representative. will approve, modify, or disapprove every additional classifi-
cation action within 30 days of receipt and so advise HUD or its designee
or will nobly, HUD or its designee within the 30-day period that additional
time is necessary. (Approved by the Office of Management and Budget
under OMB control number 1215.0140.)
(c) In the event the contractor, the laborers or mechanics to be
employed in the classification or their representatives. and HUD or its
designee do not agree on the proposed classification and wage rate
(including the amount designated for fringe benefits. where appropriate).
•Atoend by Revision and adding, ass page 3
Previous Edition is Obsolete
HUD or its designee shall refer the questions. including the views of all
interested parties and the recommendation of HUD or its designee, to thi
Administrator for determination. The Administrator, or an authorized repr
sentative, will issue a determination within 30 days of receipt and so adv
HUD or its designee or will notify HUD or its designee within the 30-day
period that additional time is necessary. (Approved by the Office of Man.
agement and Budget under OMB Control Number 1215-0140.)
• (d) The wage rate (including fringe benefits where appropriate)
determined pursuant to subparagraphs (txb) or (c) of this paragraph. Sri
be paid to all workers performing work in the classification under this ci.
tract from the first day on which work is performed in the classification.
(7il7) Whenever the minimum wage rate prescribed in the contract foa
class of laborers or mechanics includes a fringe benefit which is not
expressed as an hourly rate, the contractor shall either pay the benefit
stated in the wage determination or shall pay another bona fide fringe
benefit or an hourly cash equivalent thereof.
(1v) If the contractor does not make payments to a trustee or other,
person, the contractor may consider as part of the wages of any labore.
mechanic the amount of any costs reasonably anticipated in providing
bona fide fringe benefits under a plan or program, Provided. That the —
Secretary of Labor has found. upon the written request Of the contractc
that the applicable standards of the Davis -Bacon Act have been met T..
Secretary of Labor may require the contractor to set aside in a separate
account assets for the meeting of obligations under the plan or progra—
(Approved by the Office of Management and Budget under OMB Cont
Number 1215-0140.)
2. Withholding. HUD or its designee shall upon its own action or upor
written request of an authorized representative of the Department of Lr"
withhold or cause to be withheld from the contractor under this contra
any other Federal contract with the same pnme contractor, or any otht.
Federally -assisted contract subject to Davis -Bacon prevailing wage
requirements. which is held by the same prime contractor so much of ,d
accrued payments or advances as may be considered necessary to p
laborers and mechanics. including apprentices, trainees and helpers.
employed by the contractor or any subcontractor the full amount of wag
required by the contract In the event of failure to pay any laborer or
mechanic. including any apprentice, trainee or helper, employed or w
on the site of the work (Or under the United States Housing Act of 19;
under the Housing Act of 1949 in the construction or development of th
project). all or part of the wages required by the contract. HUD or its d4
nee may, after written notice to the contractor, sponsor, applicant or
take such action as may be necessary to cause the suspension of ar
further payment advance, or guarantee of funds until such violations h:
ceased. HUD or its designee may, after wntten notice to the contractor
burse such amounts withheld for and on account of the contractor o
contractor to the respective employees to whom they are due. The C
troller General shall make such disbursements in the case of direct
Oavis-Bacon Act contracts.
3. [) Payrolls and basic records. Payrolls and basic records relate
thereto shall be maintained by the contractor during the course of tt
preserved for a period of three years thereafter for all laborers and
mechanics working at the site of the work (or under the United Stata-
Housing Act of 1937. or under the Housing Act of 1949, in the const
or development of the project). Such records shall contain the name
address, and social Security number of each such worker, his or her c
rect classification, hourly rates of wages paid (including rates of cor>u
tions or costs anticipated for bona fide fringe benefits or cash equi%
thereof of the types described in Section 1(bx2XB) of the Davis-b c
daily and weekly number of hours worked, deductions made and actr
wages paid. Whenever the Secretary of Labor has found under 29 Gf
(aj( t j(iv) that the wages of any laborer or mechanic include the amc
any costs reasonably anticipated in providing benefits under a plar
gram described in Section 1(b)(2)(B) of the Davis -Bacon Act the cont
shall maintain records which show that the commitment to provide
HUD401
iHR 1'
P"
7- CGntracte termination; debarment. A breach of the contract clauses in
25 CFR 5 5 may be grounds for termination of the contract and for debar-
ment as a contractor and a subcontractor as provided in 29 CFR 5:12.
S. Compliance with Davis -Bacon and Related Act Requirements.All rul-
ings and interpretations of the Davis -Bacon and Related Acts contained in
29 CFR Parts 1. 3. and 5 are herein Incorporated by reference in this
contract.
9. Disputes concerning labor standards. Disputes arising out of the labor
standards provisions of this contract shall not be sublet: to the general
disputes clause of this contract. Such d!soules shall be 'esolved in accor-
dance with the procedures of the Department of Labor ;et forth in 29 CFR
Parts 5.6. and 7. Disputes within the meaning of this clause Include dis-
putes between the contractor for any o1 -is subcontractors) and HUD or its
designee. the U S Department of Labor. or the employees or their
representatives.
10. (i) Certification of Eligibility. By entering into this contract the con-
tractor certifies that neither it (nor he or she) nor any person or firm who
has an Interest in the contractor's firm is a person or firm ineligible to be
awarded Government contracts by venue of Section 3(a) of the Davis -
Bacon Act or 29 CFR 5.12(a)(1) or to be awarded HUD contracts or partici-
pate in HUD programs pursuant to 24 CFR Part 24.
C7 No part of this contract shall be subcontracted to any person or firm
ineligible for award of a Government contract by virtue of Section 3(a) of
the Davis -Bacon Act or 29 CFR 5.12(axt) or to be awarded HUD contracts
or participate in HUD programs pursuant to 24 CFR Pan 24.
(iii) The penalty for making false statements is prescribed in the U.S.
Criminal Code, 18 US C 1001 Additionally. US Crimnal Code. Section
1010. Title 18. U S C. "Federal Housing Administration transactions". pro-
vides in part "Whoever. for the purpose of influencing in any way the
action of such Administrationma%es. utters or publishes any statement
knowing the same to be falseshall oe bred not more than $5.000 Or
Imprisoned not more than two years. or both
11. Complaints, Proceedings, or Testimony by Employees. NO laborer or
mechanic to whom the wage. salary. or other labor stancards provisions of
this Contract are applicable snail be d!scnargeo or in any other manner
discriminated against by the Contractor Or any subcontractor because such
employee has filed any complaint or ws;iluted or caused to be instituted
any proceeding or has testified or is about to testity in any proceeding
under or relating to the labor standaros applicable under this Contract to
his employer.
8 Contract Work Hours and Safety Standards Act. As used in !his para-
graph. the terms -laborers and "mecnariCs 'nClude watchmen and
guards.
(1) Overtime requirements. No contractor or suocontractor contracting
for any pan of the contract work which may require or involve the employ-
ment of laborers or mechanics shall require or permit any such laborer or
mechanic in any workweek in which he or she is employed on such work
t0 work in excess of eight hours in any calendar day or in excess of forty
hours in such workweek unless such laborer or mechanic receives com-
pensation at a rate not less than one and ore -half times the bas.c rate
pay for all hours worked in excess of eight hours in any calendar tay
excess of forty hours in such workweek. whichever is greater
(2) Violation; liability for unpaid wages; liquidated damages. ,r the
event of any violation of the clause set forth in subparagraph (1I G' :res
paragraph. the contractor and any subcontractor responsible It eleror
be liable for the unpaid wages in addition, such contractor arc s.oco,
tractor shall be liable to the United States on the case of work
contract for the District of Columbia or a territory, to such District or .,
territory). for liquidated damages. Such liquidated damages sha , ae c,•
puted with respect to each mdividu$I laborer or mechanic. intro rg
watchmen and guards. employed in violation of the clause set fc^n !r
paragraph (1) of this paragraph• in the sum of S10 for each calercar ca
which such individual was required or permitted to work in excess of c
hours or in excess of the standard workweek Of forty hours witho..t oa
ment of the overtime wages required by the clause set forth in s:.aoara
graph (1) of this paragraph.
(3) Withholding for unpaid wages and liquidated damages. HUD
designee shall upon its own action or upon written request of an auirc
rized representative of the Department of labor withhold or cause to t:
withheld. from any moneys payable on account of work performed by
contractor or subcontractor under any such contract or any other Fec-
contract with the same pnme contract or any other Federally -assisted
tract subject to the Contract Work Hours and Safety Standards Act wr
is held by the same prime contractor such sums as may be determiner
be necessary to satisfy any liabilities of such contractor or subcontrar
for unpaid wages and liquidated damages as provided in the clause si
forth in subparagraph (2) of this paragraph.
(4) Subcontracts. The contractor or subcontractor shall Insert it a
subcontracts the clauses set forth in subparagraph (1) through 141 of
paragraph and also a clause requiring the subcontractors to Include
clauses in any lower tier subcontracts. The prime contractor shall be
responsible for compliance by any subcontractor or lower tier suoccr,
for with the clauses set forth in subparagraphs (1) througn (4) of this
paragraph.
C. Health and Safety ,
(1) No laborer or mechanic shall be required to work in surrounc
or under working conditions which are unsanitary, hazardous. or oar;
ous to his health and safety as determined under construction safety a
health standards promulgated by the Secretary of tabor by regulatior
(2) The Contractor shall comply with all regulations issued by We
Secretary of labor pursuant to Title 29 Pan 1926 (formerly pan 1518i
failure to comply may result in imposition Of sanctions pursuant to tie
tract Work Hours and Safety Standards Act (Public law 91.54. 83 Sa
(3) The Contractor shall include the provisions of this Anic:e in e
subcontract so that such provisions will be binding on each suocortr
The Contractor shall take such action with respect to any subconlrac
the Secretary of Housing and Urban Development or the Secretary c!
shall direct as a means of enforcing such provisions.
00raended by revision and adding& (2/92)
(1) Except with respect to helpers as defined in 29 CFR 5.2(n)(4), the work to be performed by
the classification requested is not performed by a classification in the wage determinations and
(4) With respect to helpers as defined in 29 CFR 5.2(n)(4), such a classification prevails in
the area in which the work is performed.
(4)(iv) Helpers. Helpers will be permitted to work on a project if the helper classification is
specified on an applicable wage determination or is approved pursuant to the conformance
procedure set forth in 5.5(a)(1)(ii). The allowable ratio of helpers to journeymen employed by
the contractor or subcontractor on the job site shall not be greater than two helpers for every
three journeymen (in other words, not more than 40 percent of the total number of journeymen and
helpers in each contractor's or in each subcontractor's own work employed on the job site). Any
worker listed on a payroll at a helper wage rate, who is not a helper as defined in 29 CFR
5.2(n)(4), shall be paid not less than the applicable wage rate on the wage determination for the
classification of work actually performed. In addition, any helper performing work on the job
site in excess of the ratio permitted shall be paid not less than the applicable journeyman's
(or laborer's, where appropriate) wage rate on the wage determination for the work actually
performed.
r Page 3 of 3 Pages HUD-401(
i
START WORK NOTICE
PLEASE RETM TO THE FOLLOWING ADDRESS:
DHUD, Labor Relations, 6SL
P. 0. Box 2905
Fort Worth, LK 76113-2905
This is to notify you that construction has started on the
following project:
HUD PROJECT NUMBER:
LOCATION:
City/State
DATE OF START WORK:
NUMBER OF WAGE DECISION TO BE USED:
BRIEF DESCRIPTION OF WORK:
CONTRACT .AWARD DATE: A.`IOU:7T: S
BID OPENING DATE:
(Signature)
(Title)
(Telephone Number)
PLEASE SUBMIT TWO (2) COPtES
You must be paid not less than the wage rate
r"" M in the schedule posted with this Notice for the
WA GES kind of work you perform.
You must be paid not less than one and one-half
times your basic rate of pay for all hours worked
PM over 40 a week. There are some exceptions.
ATPRENApprentice rates apply only to apprentices
properly registered under approved Federal or
State apprenticeship programs.
If you do not receive proper pay, contact the
Contracting Officer listed below:
or you may contact the nearest office of the
Wage and Hour Division, U.S. Department of
Labor. The Wage and Hour Division has offices
in several hundred communities throughout the
country. They are listed in the U.S. Government
section of most telephone directories under:
U.S. Department of Labor
Employment Standards {administration
r
V11 ►ulttcetten 1371
U.S. Department of Libor
EmplOy"wnt Stancards '
AdmfntstraUon
SPECIFICATIONS
STREET PAVING PROJECT
FOR
COMMUNITY DEVELOPMENT
TECHNICAL SPECIFICATIONS
STREET/DRAINAGE ENGINEERING
JUNE 22, 1994
LOUIS D. WOOD, JR. 2
MATERIALS OF CONSTRUCTION
1. GENERAL
The following paragraphs give the specifications on the
various materials which are to be used in this project. On
minor items a certificate from the manufacturer may be
required, certifying"that the 'material or equipment meets the
specifications for such material as specified herein. All
materials shall be subject to the approval of the Engineer
before being used.
2. CONCRETE
A. Cement
Cement shall conform
for Portland Cement,"
Type I and Type III,
B. Aggregate
Description
to "Standard Specifications and Test
A.S.T.M. Serial Designation C150,
and shall be an approved brand.
Concrete aggregates shall consist of natural, washed and
screened sand, and washed and screened gravel or clean
crushed stone conforming to "Standard Specification for
Concrete Aggregate," A.S.T.M.,C-33-39 and Item No. 360 of
the Texas State Highway Specifications. Coarse aggregate
for Class "C" Concrete Street Paving shall be crushed
limestone (Brownwood Type). The aggregate shall be well
graded from coarse to fine and shall be free from injurious
amount of clay, soft or flaky materials, loam or organic
impurities. All aggregate shall be approved by the
Engineer before use. Maximum size of aggregate shall be 1-
1/2 inches. Aggregate for concrete construction proposed
to be used in this project shall have a loss not to exceed
18% when subjected to 5 cycles of the Magnesium Sulfate
soundness test A.S.T.M. C-88-76.
Stockpiles
The location'of all stockpiles of aggregate shall be
approved by the Engineer prior to unloading as to zoning
requirements, smoothness and compaction of the ground, and
traffic conditions. Stockpiles of aggregate to be
incorporated into the project shall be protected from dust
IV-1
by drift fences of any suitable material approved by the
Engineer, when sandstorm possibilities exist. Care will be
taken to prevent dusty conditions in the stockpile area
from any sources.
C. Water
Water shall be clean, clear, free from oil, acid or organic
matter and free from injurious amounts of alkali, salts or
otherchemicals.
D. Concrete Materials Test
Pre -Construction Tests
The contractor will submit test certificates from an
approved commercial laboratory on all aggregates proposed
for use on this work. Tests should be made approximately
20 days before beginning the concrete operation.
The contractor will submit in advance of construction the
mix design and the result of compression tests made by a
commercial laboratory. These will be made on each type of
concrete mix design proposed for use on this project.
Tests shall be made on 6 cylinders for each mix, 3 tested
in 3 or 7 days, 3 tested at 7 or 28 days. Additional tests
shall be furnished if material source is changed or if
concrete used varies from the original design.
The Engineer shall approve the mix design after the pre -
construction tests have been completed.
Construction Tests
Tests of the aggregates and the concrete will be made by
the Engineer during construction to determine conformity
with the specifications. Test cylinders will be made in
accordance with the Method of Making and Curing Concrete
Compression and Flexure Test Specimens in the Field (ASTM
Designation C-31). The specimens shall be cured under
standard moisture and temperature conditions in accordance
with requirements of ASTM C-31.
Strength tests shall be made, in general, for each day's
run, or for each 50 cubic yards of concrete if a day's run
greatly exceeds this amount, but these tests maybe made
entirely at the discretion of the Engineer. Strength tests
on Class I'C" Concrete shall be made for approximately each
30 cubic yards, or every third truck on each day's run. The
IV-2
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costs of all such testing will be borne by the City but the
Contractor shall cooperate in securing and storing samples
and shall furnish all materials required for sampling.
A strength test shall consist of five standard test
cylinders mace from a composite sample obtained in
accordance with the requirements of ASTM Designation C-172.
Two of the cylinders shall be tested at 3 or 7 days and at
7 or 28 days. The fifth cylinder shall be held available
for subsequent testing, if determined necessary by the
Engineer. The test result shall be the average of the two 7
or 28 day specimens, except that, if one specimen in the
test shows manifest evidence of improper sampling, molding,
or testing, it shall be discarded and the remaining two
strengths averaged. Should more than one specimen
representing a given test show definite defects, due to
improper sampling, molding or testing, the entire test
shall be discarded.
The result of the 7 or 28 day strength tests shall be used
as the basis for accepting or rejecting the concrete
represented.
The results of the 3 or 7 day strength tests will be
compared with the 3 or 7 day strength of the
preconstruction test cylinders for the type and slump of
the concrete being produced. Should the 3 or 7 day
strengths indicate a deficiency in the 7 or 28 day
strengths, the Engineer may require a temporary change in
proportions to correct such deficiency. Such change shall
remain in effect until the 7 or 28 day strength of the
material in question is determined, at which time the
change shall become permanent or shall be rescinded,
depending upon the results of the 7 or 28 day test.
The engineer shall record the delivery ticket number for
the concrete and the exact location in the work at which
each load represented by a strength test is deposited.
E. Concrete Design
Concrete conforming to these specifications may be "Ready
Mix" but transporting vehicles shall be operated such as to
insure delivery and placement in forms without loss or
segregation of ingredients and within one hour of mixing
time. Concrete will be mixed continuously during transit.
IV-3
7
Mix Design
All concrete for curb and gutter, valley gutters, fillets
and alley stubs, alley slabs, drainage channels, inlet
boxes, headwalls, and medians shall have 5% air entrainment
(±1-1/2% tolerance). The concrete mix design shall be
based on water -cement ratio, and shall be as follows for
the different classes of concrete.
Minimum Sacks Max. Gal. Max..Slump
Class Cement per C.Y. Water per sack in inches
A 5 6.5 4
C 6 6 3
E 5.5 5.5 3
F 6 5.5 2
The concrete mix design for the different classes shall
also be such that the compressive and flexural strength for
each class shall not be less than the following:
Minimum Average for
Class any test
3 day 7 day beam strength .28 day
A --- 2100 --- 3000
C --- 3000 600 3600
E 2500 3000 --- ---
F 2900 3500 --- -
Any concrete failing to meet these strength requirements or
air content shall be removed and,replaced.
Low Strength Concrete
Any class of concrete incorporated in any part of the
project which does not meet the strength requirements
specified above, shall be considered low strength concrete.
Low strength concrete shall be removed and replaced at the
expense of the Contractor.
The Engineer shall determine the exact limits of any low -
strength concrete required to be removed and replaced under
the provisions of this paragraph. The methods.to be used
in removing and replacing such concrete shall be approved
by the Engineer.
IV-4
Unless otherwise shown on the plans: Class A concrete
shall be`used for curb and gutter, drainage channels,
medians, inlet boxes, headwalls and sidewalks; Class C
r concrete shall be used for concrete paving and valley
gutters constructed in thoroughfare and collector streets;
Class E concrete shall be used for valley gutters on
^ streets other than thoroughfares and collectors and for
alley returns, alley paving and reinforced gutter sections;
Class F concrete is used for railroad sections.
I G. Mixing
All aggregates shall be accurately weighed or measured by
r' volume. The concrete shall be mixed in an approved 'batch
�. mixer equipped with an accurate water measuring tank, and
shall be mixed for one and one-half minutes after all
r material is in the mixer. "Ready Mixed" or "Transit
Mixed" concrete may be used. If used it shall conform to
these specifications and the "Standard Specifications for
Ready Mixed Concrete," A.S.T.M. Serial Designation C94-38
and Item No. 502 of the Texas State Highway Specifications.
After mixing, the concrete shall be transported to the
forms in a manner which will prevent separation or
segregation of the aggregates and shall be placed without
undue delay. It shall be deposited as nearly as
practicable in its final position in order to avoid
rehandling or flowing of the concrete. No water shall be
added to the concrete to facilitate finishing.
H. Curing Compounds
Compounds used to form an air tight membrane over fresh
!' concrete surface for curing purposes shall conform to Item
i' 526, Texas State Highway Specifications and t1A.S.T.M.11
Serial Designation C-309.
r
P
t 3. REINFORCING MATERIALS
A. Wire Mesh
Wire mesh reinforcing shall conform to "Standard
r' Specifications for Welded Steel Fabric for Concrete
Reinforcement" ASTM Designation A-185.
r., Mesh reinforcement shall be of the size shown on the plans.
j All reinforcement shall be permanently marked with grade
identification marks or shall, on delivery, be accompanied
r"
r IV-5
I
by a manufacturer's guarantee of grade and compliance with
these specifications. Reinforcement stored on the site
shall be protected from accumulations of grease, mud or
other foreign matter and from rust producing conditions and
shall be free from rust, scale, oil, mud or structural
defects when incorporated into alley slab, or valley
gutters.
B. Bar Reinforcing
Reinforcing steel to be used on this project shall conform
to A.S.T.M. Designation A-432 and shall be deformed to
A.S.T.M. 305 requirements unless otherwise shown on the
plans.
C. Fiber Reinforcement
(1) The fiber used shall be 100 per cent virgin
polypropylene collated, fibrillated fibers specifically
manufactured for use as concrete reinforcement,
containing no reprocessed olefin materials.
(2) The physical characteristics of the fiber to be used is
as follows: Specific Gravity - 0.91; Tensile Strength
- 70 to 110 ksi; Length of fibers - 1/211.,
(3) Fibrous concrete reinforcement materials provided by
this section shall produce concrete conforming to the
requirements for each type and class of concrete listed
in Section 4-2-E. Quantities to be used shall conform
to manufacturer's recommendations, unless otherwise
directed by the Engineer.
4. JOINT MATERIAL
A. Expansion Joint_ Materials
Bituminous premolded expansion joint material shall conform
to Item No. 420.2 (a) of the Texas State Highway Department
Specifications.
Expansion joints shall be placed as shown on the plans or
as directed by the Engineer.
B. Joint Sealing Material
Joint sealing material shall be W.R. Meadows SOF-SEAL or
approved equivalent
IV-6
i
5. FORMS
Forms for curb and gutter and alley paving may be of wood or
metal, of a section satisfactory to the Engineer, straight,
free of warp, and a depth equal to the depth of the concrete
section formed. Forms shall be constructed accurately to the
line and grade as established in the field, shall be
adequately braced so that they will not move during the
placing of the concrete, and shall remain in place at least
twelve (12) hours after placing concrete. Forms shall be
oiled with a light oil before each use and forms which are to
be re -used shall be cleaned immediately after each use and
maintained in good condition. Curb forms shall be such that
the face of the curb can be formed by use of a face form held
in place by steel templates. Forms used for curb shall meet
all of the above specifications, except that face forms on
curb radii may be omitted if a true section and an accurate
flow can be obtained by other methods approved by the
Engineer. In no case will a concrete pour be started without
the approval of the Engineer. No forms shall be placed until
the subgrade is within one inch (111) of its finished grade.
Forms for alley slabs may be used as a guide for screeding.
Where longitudinal construction joints are required, the form
shall be so constructed as to provide a 1-1/8 inch "V" shaped
groove in the face.
6. FLEXIBLE BASE (CALICHE)
A. Description
"Flexible Base (Caliche)" shall consist of a foundation
course for surface course or for other base courses. It
shall be composed of caliche and stone materials and shall
be constructed as herein specified in one or more courses
in conformity with the typical sections shown on plans and
to the lines and grades as established by the Engineer.
B. Material
(1) 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.
(2) 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
(3) Wet Ball Mill Test of Flexible Base Material
The material, when tested in accordance with Texas
Method 116-E, shall have a maximum allowable value of
55.
7. ASPHALT STABILIZED BASE -PLANT MIX (.THD Item 292)
A. Description
This item shall consist of base courses to be composed of a
compacted mixture of graded gravel base material from
sources approved by the Engineer, (once the source is
selected the contractor will not change to another source
without the Engineer's approval) and asphaltic material,
mixed hot in an approved mixing plant. The,percent asphalt
shall be determined by the Engineer in accordance with Test
Method Tex 126-E and Tex 204-F or other established
procedures.
B. Materials
(1) Mineral Aggregate (Graded Gravel)
The material shall be crushed and shall be screened as
necessary to meet the requirements hereinafter
specified and shall consist of durable aggregate
particles otherwise specified below.
(2) Stockpiling, Storage, Proportioning and Mixin
Prior to the mixing operations with asphaltic material,
processed mineral aggregate shall be stockpiled on an
area previously cleared of trash, weeds and grass and
smoothed',as directed by the Engineer. The aggregate
stockpiles shall be not less than 10 feet in height and
constructed in layers not exceeding 18 inches in depth
or as directed by the Engineer. The plant shall have
and maintain at least a two day supply of aggregate on
hand unless otherwise directed by the Engineer.
IV-8
i
{
j
Material shall be stockpiled in such a manner as to
.prevent segregation of aggregate and mixing of
I aggregate from stockpiles and/or other sources. The
gradation requirements for the individual stockpiles
and proportioning from these stockpiles will be the
contractor's responsibility.
(3) Gradation
Unless otherwise specified, the grading of the mineral
aggregate shall conform to the limitations as shown
below:
This mixture shall meet the T.H.D. 1982 Specification
Item (292)
Grade 4 -- Grading requirements percent retained -sieves
1-1 2" 7 8" 1 2"4 40
0 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 the Test Methods Tex
-101-E procedure:
The liquid limit shall not exceed................45
The plasticity index shall not exceed ............ 15
The linear shrinkage shall not exceed.............5
Samples for testing the material shall be taken prior
to the mixing operations. Where more than one material
l is used, tests will be on the combined materials.
The mineral aggregate shall not contain more than 0.5%
moisture prior to entering the pugmill for mixing with
asphalt.
C. Asphaltic Materials'
Asphalt for the paving mixture shall be of the type as
determined by the Engineer and shall meet the requirements
of Item 300, THD Specs, 1982 "Asphalt, Oils, and
Emulsions." The grade of asphalt used shall be designated
by the Engineer. The contractor shall notify the Engineer
of the source of his asphaltic material prior to design or
production of the asphaltic mixture and this source shall
not be changed during the course of the project, except
when authorized by the Engineer.
(1) Asphaltic Stabilized Mixture
IV-9
The mixture shall consist of a.uniform mixture of
mineral aggregate and asphaltic material. The mineral
aggregate will conform to'the gradation requirements
specified. The asphaltic material shall form from 4 to
9% percent of the mixture by weight. The design
percent asphalt shall be determined in accordance with
Test Method Tex.-126-E`'or Test'Method Tex.-204-F and
procedures outlined in the SDHPT Bulletin C-14. The
percent of asphalt in the mix shall be determined by
Extraction ASTM D-2172, ASTM D-4125 Method of Test for
asphalt content by Nuclear Method, Test Method Tex-210-
-F or Test Method Tex.-126-F.
(2) Tack Coat
Asphaltic materials shall meet the requirements of the
Item, "Asphalts, Oils, and Emulsions THD Item 30011, as
approved by the Engineer.
(3) Tolerances
The Engineer will designate the asphalt content to be used
'in the mixture after design.tests have been made with the
aggregate to be used in the project. When tested as
determined by the Engineer, samples of the mixture shall
not vary from the asphalt content` designated by the
Engineer by more than 0.2 percent dry,weight (based on
total mixture).
Asphaltic concrete pavement and asphaltic stabilized base
shall be machine layed and the equipment shall meet the
requirements of THD 1982 specifications Item 528,
"Automatic Screed Controls for Concrete Spreading and
Finishing Machines."
8. EQUIPMENT --MIXING PLANTS BLACK BASE AND HOT -MIX
All equipment for the handling of all materials and mixing and
placing of the mixture shall be maintained in good repair and
operating condition and subject to approval of the Engineer.
Any equipment found to be defective and affecting the quality
of the mixture will be replaced.
Mixing plants may be the weigh -batch type or the continuous
mixing type or the drum mix type. All types of plants shall be
equipped with satisfactory conveyors, power units,.aggregate
handling equipment, bins and dust collectors and shall consist
of the following essential pieces of equipment.
IV-10
W
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
THD 1982 Specifications Item 520, "Weighing and Measuring
Equipment." If automatic recording devices are required by the
plans, they shall be in accordance with the THD Item 520,
"Weighing and Measuring Equipment."
A. Weigh
-Batch
Tyne
(1)
Cold Aggregate
Bin and Proportioning Device
The number of compartments in the cold aggregate bin
shall be equal to or greater than the number of
stockpiles of individual materials to be used.
The bin shall be of sufficient size to share the amount
of aggregate required to keep the plant in continuous
operation and of proper design to prevent overflow of
material from one compartment to another. The
proportioning device shall be such as will provide a
uniform and continuous flow of aggregate in the desired
proportioning in a separate compartment.
(2) Dryer
The dryer shall be the type that continually agitates
the aggregate during heating and in which the
temperature can be so controlled that the aggregate
will not be injured in the necessary drying and heating
operations required to obtain a mixture of the
specified temperature. The burner, or combination of
burners, and type of fuel used shall be such that in
the process of heating the aggregate to the desired or
specified temperature, no residue from the fuel shall
adhere to the heated aggregate. A recording thermometer
shall be provided which will record the temperature of
the aggregate prior to the mixing operation. The dryer
shall be of sufficient size to keep the plant in
continuous operation.
(3) Screening and Proportioning
2
The screening capacity and size of the hot aggregate
bins shall be sufficient to screen and store the amount
r- of aggregate required to properly operate the plant and
to keep the plant in continuous operation at full
capacity. The hot bins shall be constructed so that
oversize and overload material will be discarded
f through overflow chutes. Provisions shall be made to
enable inspection forces to have easy and safe access
IV-11
to the proper location on the mixing plant where
representative samples may be taken from the hot bins
for testing. The plant shall be equipped with at least
three hot bins. The aggregate shall be separated into
the number of bins indicated on the plans or as
directed by the Engineer.
(4) Aggregate Weigh Box and Batching Scales
The aggregate weigh box and batching scales shall'be of
sufficient capacity to hold and weigh a complete batch
of aggregate. The weigh box and scales shall conform to
the requirements of T.H.D. Item,520,1982, "Weighing and
Measuring Equipment."
(5) Asphaltic Material Bucket and Scales
The asphaltic material bucket and scales shall be of
sufficient capacity to hold and weigh the necessary
asphaltic material for one batch. If the material is
measured by weight, the bucket and scales shall conform
to the requirements of the Item, "Weighing and
Measuring Equipment." If a pressure type flow meter is
used to measure the asphaltic material, the
requirements of T.H.D. Item 520, 1982, "Weighing and
Measuring Equipment," shall apply .
(6) Mixer
The mixer shall be of the pugmill type and shall have a
capacity of not less than 3,000 pounds (of natural
aggregate mixture) in a single batch, unless otherwise
shown on the plans. The number and position of blades
shall, provide a uniform mix. The mixer shall be
equipped with an approved spray bar that will
distribute the asphaltic material quickly and uniformly
throughout the mixer. Any mixer that segregates the
mineral aggregate or fails to secure a thorough and
uniform mixture with asphaltic material shall not be
used. This shall be determined by mixing the standard
batch for the required time, then dumping the mixture,
taking samples from its different parts and testing by
Test Method Tex-210-F to show that the batch is uniform
throughout. All mixers shall be provided with an
automatic time lock that will lock the discharge doors
of the mixer for the required mixing period. The dump
door or doors and the.shaft seals of the mixer shall be
tight enough to prevent spilling of aggregate or
mixture from the mixer.
(7) Surge -Storage System
IV-12
a
A surge -storage system may be used. It shall be
r• adequate to minimize production interruptions during
the normal day's operation. A device such as a gob
hopper or other similar devices approved by the
Engineer to prevent segregation in the surge -storage
bin will be required. If the Contractor elects to use a
surge -storage system, scales conforming to the
requirements outlined herein will be required.
i (8) Scales
r. Scales may be standard platform truck scELles or other
equipment such as weigh hopper (suspended) scales
approved by the Engineer. All scales shall conform to
the item, "Weighing and Measuring Equipment". If truck
f scales are used, they shall be placed at a location
I approved by the Engineer. If other weighing equipment
is used, the Engineer may require weight checks by
t• truck scales for the basis of approval of the
equipment.
B. Continuous Mixing Type
(1) Cold Aggregate Bin and Proportioning Device
�^ Same as for weigh -batch type of plant.
(2) Dryer
Same as for weigh -batch type of plant.
(3) Screening and Proportioning
Same as for weigh -batch type of plant.
(4) Hot Aggregate Bin
The hot bins shall be so constructed that oversize
and overload material will be discarded through an
overflow chute. Hot aggregate bins that become
deficient in material shall activate a switch that
automatically stops the plant until proper
adjustments are made.
(5) Hot Aggregate Proportioning Device
The hot aggregate proportioning device shall be so
designed that when properly operated, a uniform and
continuous flow of aggregate into the mixer will be
maintained.
IV-13
(6) Asphaltic Material Spray Bar
The asphaltic material spray bar shall be so
designed that the asphalt will spray uniformly and
continuously into the mixer.
(7) Asphaltic Material Meter
An asphaltic material recording meter meeting the
requirements of the THD Item 520, "Weighing and
Measuring Equipment", shall be placed in the
asphalt line leading to the spray bar so that the
cumulative amount of asphalt used can be accurately
determined. Provisions of a permanent nature shall
be made for checking the accuracy of the meter
output. The asphalt meter and line to the meter
shall be protected with a jacket of hot oil or
other approved means to maintain the temperature of
the line and meter at or near that temperature
specified for the asphaltic material. Unless
otherwise shown on the plans, the temperature of
the asphaltic material ente6ing the recording meter
shall be maintained at = 10 F of the temperature at
which the asphalt metering pump was calibrated and
set. Inability to maintain this tolerance in
temperature shall result in an adjustment of the
pay quantity for the asphaltic material.
If a pressure type flow meter is used to measure
the asphaltic material, the requirements. of the
THD Item 520, "Weighing and Measuring Equipment",
shall apply.
(8) Mixer
The mixer shall be of the pugmill continuous type
and shall have a capacity of not less than 40 tons
of mixture per hour. Any mixer that has a tendency
to segregate the aggregate or fails to secure a
thorough and uniform mixing of the aggregate with
the asphaltic material shall not be used. The dam
gate at the discharge end of the pugmixer and/or
pitch of the mixing paddles shall be so adjusted to
maintain a level of mixture in the pugmixer
between the shaft and the lower paddle tip (except
at the discharge end).
(9) Surge Storage System
A surge storage system may be used. It shall be
adequate to minimize production interruption during
IV-14
r4
C
the normal day's operation. A device such as a gob
hopper or other similar devices approved by the
Engineer to prevent segregation in the surge
-storage bin will be required. If the `Contractor
elects to use a surge storage system, scales
conforming to the requirements outlined herein will
be required.
r
(10) Scales
Scales may be standard platform truck
scales or
other equipment such as weigh hopper
(suspended)
scales approved by the Engineer. All
scales shall
conform to the THD Item 520, "Weighing
and Measuring
Equipment." If truck scales are used,
they shall be
T
placed at a location approved by the
Engineer. If
other weighing equipment is used, the
Engineer may
require weight checks by truck scales
for the basis
r.
of approval of the equipment.
C. Drum Mix Plant
Unless otherwise shown on the plans, the Contractor may, at
his option elect to use the drum mixing process in the
mixing of asphalt stabilized base material. The plant shall
be adequately designed and constructed for the process of
mixing aggregates and asphalt in the dryer -drum without
preheating the aggregates. The plant shall be equipped with
satisfactory conveyors, power units, aggregate handling
equipment and feed controls and shall consist of the
following essential pieces of equipment.
(1) Cold Aggregate Bin and Feed System
The number of compartments in the cold aggregate bin
shall be equal to or greater than the number of
stockpiles of individual materials to be used.
The bin shall be of sufficient size to store the amount
of aggregate required to keep the plant in continuous
operation and of proper design to prevent overflow of
material of one bin to that of another bin. The feed
system shall provide a uniform and continuous flow of
aggregate in the desired proportion to the dryer. Each
aggregate shall be proportioned in a separate
compartment with total and proportional control.
The system shall provide positive weight measurement of
the combined cold -aggregate feed by use of belt scales
or other approved devices. Provisions of a permanent
nature shall be made for checking the accuracy of the
IV-15
measuring device as required by the Item, "Weighing and
Measuring Equipment". When a belt scale is used,
mixture production shall be maintained so that the
scale normally operates between 50 percent and 100
percent of its rated capacity. Belt scale operation
below 50 percent of the rated capacity may be allowed
by the Engineer if accuracy checks show the scale to
meet the requirements of the THD Item 520, "Weighing
and Measuring Equipment", at the selected rate and it
can be satisfactory demonstrated to the Engineer that
mixture uniformity and quality have not been adversely
affected.
(2) Scalping Screen
A scalping screen shall be required, unless otherwise
shown on the plans, and shall be located ahead of any
weighing device.
(3) Asphaltic Material Measuring System
An asphaltic material measuring device meeting the
requirements of the item, "Weighing and Measuring
Equipment," shall be placed in the asphalt line leading
to the dryer -drum mixer so that the cumulative amount
of asphalt used can be accurately determined.
Provisions of a permanent nature shall be made for
checking the accuracy of the measuring device output.
The asphalt measuring device and line to the measuring
device shall be protected with a jacket of hot oil or
other approved means to maintain the temperature of the
line and measuring device near that temperature
specified for asphaltic material. Unless otherwise
shown on the plans, the temperature of the asphaltic
material entering the measuring device shall be
maintained at ±100F of the temperature at which the
asphalt measuring device was calibrated and set.
If a pressure type flow meter is used to measure the
asphaltic material, the requirements of the THD Item
520, "Weighing and Measuring Equipment", shall apply.
(4) Synchronization Equipment for Feed Control
System
The asphaltic material feed control shall be coupled
with the total aggregate weight measurement device in
such manner as to automatically vary the asphalt feed
as required to maintain the required proportion.
(5) Drum Mix
IV-16
The drum mixing system shall be of the type that
continually agitates the aggregate and asphalt mixture
during heating and in which the temperature can be so
controlled that the aggregate and asphalt will not be
damaged in the necessary drying and heating operations
required to obtain a mixture of the specified
temperature. A continuously recording thermometer shall
be provided which will indicate the temperature of the
mixture as it leaves the drum mixer.
(6) Surge Storage System
A surge storage system will be required. It shall be
adequate to minimize the production interruptions
during the normal days operations and shall be so
constructed to'minimize segregation. A device such as a
gob hopper or other similar device approved by the
Engineer to prevent segregation in the surge -storage
bin will be required.
(7) Scales
Scales may be standard platform truck scales, belt
scales or other equipment such as weigh hopper
(suspended) scales approved by the Engineer. All scales
shall conform to the'THD Item 520, "Weighing and
Measuring Equipment." If truck scales are used, they
shall be placed at a location approved by the Engineer.
If other weighing equipment is used, the Engineer may
require weight checks by truck scales for the basis of
approval of the equipment.
D. Asphaltic Material Heating Equipment
Asphaltic material heating equipment shall be adequate to
r heat the amount of asphaltic material required to the
desired temperature. Asphaltic material may be heated by
steam coils which shall be absolutely tight. Direct fire
�. heating of asphaltic materials will be permitted, provided
the heater used maintains a positive circulation of the
asphalt throughout the heater without damage to the
asphalt. Agitation with steam or air will not be permitted.
The heating apparatus shall be equipped with a recording
.. thermometer with a 24-hour chart that will record the
temperatures of the asphaltic material at the highest
.- temperature.
E. Spreading And Finishing Machine
The spreading and finishing machine shall be of a type
approved by the Engineer, shall be capable of producing a
IV-17
surface that will meet the requirements of the typical
cross section and the surface test, when required, and when
the mixture is dumped directly into the finishing machine
shall have adequate power to propel the delivery vehicles
in a satisfactory manner. The finishing machine shall be
equipped with a flexible spring and/or hydraulic type hitch
sufficient in design and capability to maintain contact
between the rear wheels of the hauling equipment and the
pusher rollers of the finishing machine while the mixture
is being unloaded.
The use of any vehicle which requires dumping directly into
the finishing machine and which the finishing machine
cannot push or propel in such a manner as to obtain the
desired lines and grades without resorting to hand
finishing will not be allowed. Vehicles dumping directly
or indirectly into the finishing machine shall be so
designed and equipped that unloading into the finishing
machine can be mechanically and/or automatically operated
in such a manner that overloading the finishing machine
being used cannot occur and the required lines and grades
will be obtained without resorting to hand finishing.
Unless otherwise shown on the,plans, dumping of the
asphaltic mixture in a windrow and then placing the mixture
in the finishing machine with loading equipment will be
permitted provided that the loading equipment is
constructed and operated in such manner that substantially
all of the mixture deposited on the roadbed is picked up
and loaded in the finishing machine without contamination
by foreign material of the mixture and excessive
temperature loss is not encountered. The loading equipment
will be so designed and operated that the finishing machine
being loaded will obtain the required line, grade and
surface without resorting to hand finishing. Any operation
of the loading equipment resulting in the accumulation and
subsequent shedding of this accumulated material into the
asphaltic mixture will not be permitted.
Automatic screed controls, if required, shall meet the
requirements of the THD Item 528, "Automatic Screed
Controls for Asphaltic Concrete Spreading and Finishing
Machines".
F. Rollers
It shall be the responsibility
rolling equipment available on
the paving mixture in place as
the laydown operation. Rollers
qualifications for their type
IV-18
of the Contractor to have
the job to properly.compact
required without delay to
provided shall meet the
as follows
(1) Pneumatic Tire Rollers (Required on all Black
Base and Hot Mix Surfacing)
The rollers shall be acceptable medium pneumatic tire
rollers conforming to the requirements of the Item,
"Rolling (Pneumatic Tires)," Type B, unless otherwise
specified on the plans.
(2) Two Axle Tandem Roller (Required on All Hot Mix
Surfacing)
This roller shall be an acceptable power driven tandem
roller weighing not less than 8 tons.
(3) Three Wheel Roller (Required on All Black Base
and Hot Mix Surfacing)
This roller shall be an acceptable power driven three
r wheel roller weighing not less than 10 tons.
(4) Three Axle Tandem Roller
This roller shall be an acceptable power driven three
axle roller weighing not less than 10 tons.
(5) Trench Roller
This roller shall be an acceptable power -driven trench
roller equipped with sprinkler for keeping the wheels
wet and adjustable road wheel so that the roller may be
kept level during rolling. The drive wheel shall be not
less than 20 inches wide. The roller under working
conditions shall produce 325 pounds per linear inch of
roller width and be so geared that a speed of 1.8 miles
per hour is obtained in low gear.
(6) Vibratory Steel -Wheel Roller (Required on all
Black Base)
This roller shall have a minimum weight of 6 tons. The
compactor shall be equipped with amplitude and
frequency controls and specifically designed to compact
C"l the material on which it is used, and shall be operated
in accordance with the manufacturer's recommendations
or as directed by the Engineer.
r+
(7) Straightedges and Templates
F
When directed by the Engineer, the Contractor shall
provide acceptable 10-foot straightedges for surface
IV-19
testing. Satisfactory templates shall be provided as
required by the Engineer.
( 8 ) Alternate Ectuipment
When permitted by the Engineer in writing, equipment
other than that specified which will consistently
produce satisfactory results may be used.
(9) Inspection
It will be the Contractor's responsibility to provide
safe and accurate means to enable inspection forces to
take all required samples, and to provide permanent
means for checking the output of any specified metering
device and to perform the calibration checks as
required by the Engineer.
G. Stockpiling, Storage, Proportioning And Mixing
(1) Stockpiling of Aggregates
Prior to mixing operations with asphaltic material,
processed mineral aggregate shall be stockpiled on an
area previously cleared of trash, weeds and grass and
smoothed as directed by the Engineer. The aggregate
stockpiles shall be not less than 10 feet in height and
constructed in layers not exceeding 18 inches in depth
or as directed by the Engineer. The plant shall have
and maintain at least a two-day supply of aggregates on
hand, unless otherwise directed by the Engineer.
Material shall be stockpiled in such a manner as to
prevent segregation of aggregate and mixing of
aggregates from stockpiles and/or sources. More than
one stockpile will be permitted, unless otherwise shown
on plans. The gradation requirements for the
individual stockpiles and proportioning from these
stockpiles will be the Contractor's responsibility as
approved by the Engineer.
(2) Storacre and Heating of Asphaltic Materials
The asphaltic material storage shall be ample to meet
the requirements of the plant. Asphalt shall not be
heated to a temperature in 'excess of that specified in
THD Item 300, "Asphalts, Oils and Emulsions". All
equipment used in the storage and handling of asphaltic
material shall be kept in a clean condition at all
times and shall be operated in such manner that there
will not be contamination with foreign matter.
IV-20
r-
(3) Feeding and Drying of Aggregate
The feeding of various sizes of aggregate to the dryer
shall be done through the cold aggregate bin and
proportioning device in such a manner that a uniform
and constant flow of materials in the required
proportions will be maintained. The aggregate shall be
dried and heated to the temperature necessary to
produce a mixture having the specified temperature. In
no case shall the aggregate be introduced into the
mixture unit at a temperature more than 4000 F.
(4) Proportioning
The proportioning of the various materials entering the
asphaltic mixture shall be the responsibility of the
Contractor as approved by the Engineer and in
accordance with these specifications. The asphaltic
material and aggregates may be proportioned by weight
or by volume based on weight using the specified
equipment.
(5) Mixing
(a) Weigh -Batch Type Mixer
In the charging of the weigh box and in the
charging of the mixer from the weigh box such
methods or devices shall be used as are necessary
to secure a uniform asphalt mixture. In
introducing the batch into the mixer, all mineral
aggregate shall be introduced first and shall be
mixed thoroughly for a period of 5 to 20 seconds,
or as directed, to uniformly distribute the various
sizes throughout the batch before the asphaltic
material is added. The asphaltic material shall
then be added and the mixing continued for a total
mixing period of not less than 30 seconds. This
mixing period may be increased, if in the opinion
of the Engineer, the mixture is not uniform. The
differential in temperature of the aggregates and
the asphalt as they enter the pugmixer shall not
exceed 250 F.
Temporary storing or holding of the asphaltic
mixture by the surge -storage system may be used
during the normal day's operation. overnight
storage will not be permitted unless authorized in
the plans or in writing by the Engineer. The
mixture coming out of the surge storage bin must be
of equal quality to that coming out of the mixer.
IV-21
(b) Continuous -Type Mixer
The amount of aggregate and asphaltic material
entering the mixer and the rate of travel through
the mixer shall be so coordinated that a uniform
mixture of the specified grading and asphalt
content will be produced. The differential in
temperature of the aggregates and the asphalt as
they enter the pugmixer shall not exceed 250 F.
Checks on asphalt used shall be made at least twice
daily comparing the asphalt used in ten loads of
completed mix as shown on the asphalt recording
meter and the design amount for these ten loads.
The acceptable percent of variation between the
asphalt used and the design amount will be as shown
on the plans or as determined by -the Engineer.
Temporary storing or holding of the asphaltic
mixture by the surge -storage system may be used
during the normal day's operation. Overnight
storage will not be permitted unless authorized in
the plans or in writing by the Engineer. The
mixture coming out of the surge -storage bin must be
of equal quality to that coming out of the mixer.
(F) Drum -mix Plant
The amount of aggregate and asphaltic material
entering the mixer and the rate of travel through
the mixing unit shall be so coordinated that a
uniform mixture of the specified grading and
asphalt content will be produced.
Temporary storing or holding of the asphaltic
mixture by the surge -storage system.will be
required during the normal day's operation.
Overnight storage will not be permitted unless
authorized in the plans or in writing by the
Engineer. The mixture coming out of the surge
storage -bin must be of equal quality to that coming
out of the mixer. The mixture, when discharged
from the plant, shall have a moisture content not
greater than 1 percent by weight unless otherwise
shown on the plans and/or specified by the
Engineer. The moisture content shall be determined
in accordance with Test Method Tex-212-F, Part II.
The mixture produced from each type of mixer shall
not vary from the specified mixture by more than
the tolerances herein specified.
IV-22
r
The asphaltic mixture from each type: of mixer shall
be at a temperature between 3000 F and 3500 F when
discharged from the mixer. The Engineer will
approve the temperature within the above
limitations, and the mixture when discharged from
the mixer shall not vary from this selected
temperature more than 250 F.
H. Construction Methods
(1) Temperature Requirements
A. HMAC - November 1 until April 1
1. The asphaltic mixture shall not be placed when the
air temperature is below 550 F and falling.
2. The asphaltic mixture may be placed when the air
temperature is above 500 F and rising.
B. HMAC - April 1 until November 1
1. The asphaltic mixture shall not be placed when the
air temperature is below 500 F and falling.
2. The asphaltic mixture may be placed when the air
temperature is above 450 F and rising.
C. Asphalt Stabilized Base
1. The asphaltic mixture shall not be placed when the
air temperature is below 450 F and falling.
2. The asphaltic mixture may placed when the air
temperature is above-40° F and rising.
The engineer may use his discretion to require a cover over
the asphaltic mixture when being hauled from the plant to
the job site. The air temperature shall be taken in the
shade away from artificial heat or as reported by the
National Weather Service on their hourly report (Telephone
No. 762-0141). It is further provided that the prime coat,
tack coat or asphalt stabilized base shall be placed only
when the general weather conditions and temperature and
moisture conditions of the subbase or subgrade,in the
opinion of the Engineer, are suitable.
If, after being discharged from the mixer and prior to
placing, the temperature of the asphaltic mixture is 250 F
or more below the temperature approved by the Engineer, all
IV-23
or any part of the load may be rejected and payment will
not be made for the rejected material.
(2)'Prime Coat
The prime coat shall consist of an application of 0.25
gallons per square yard of MC asphalt. The asphalt
stabilized base shall not be applied on a previously primed
course until the prime coat has,completely cured to the
satisfaction of the Engineer.
(3) Tack Coat
Before the asphaltic mixture is laid, the surface upon
which the tack coat is to be placed shall be cleaned
thoroughly to the satisfaction of the Engineer. The surface
shall be given a uniform application of tack coat using
asphaltic materials of this specification. This tack coat
shall be applied, as directed by,the Engineer, with an
approved sprayer at a rate not to exceed 0.10 gallon per
square yard of surface. Where the mixture will adhere to
the surface on which it is to be placed without the use of
a tack coat, the tack coat may be eliminated by the
Engineer. All contact surfaces of curbs and structures and
all joints shall be painted with a thin uniform coat of the
asphaltic material meeting the requirements for tack coat.
The tack coat shall be rolled with a pneumatic tire roller
when directed by the Engineer.
(4) Transportin
Theasphaltic mixture, prepared as specified above shall be
hauled to the work in tight vehicles previously cleaned of
all foreign material. The dispatching of the vehicles shall
be arranged so that all material delivered may be placed,
and all rolling shall be completed during daylight hours.
The inside of the truck body may be given a light coat of
oil, lime slurry or other material satisfactory to the
Engineer, if necessary, to prevent mixture from adhering to
the body. In cool weather or for long hauls, canvas covers
and insulating of truck bodies may be required. Vehicles of
the semi -trailer type are prohibited.
(5) Placing
Generally, the asphaltic mixture shall be dumped and spread
on the approved prepared surface with the specified
spreading and finishing machine, in such a manner that when
properly compacted, the finished course will be smooth, of
uniform density, and will conform with the typical sections
shown on the plans and to the lines and grades established
IV-24
by the Engineer. During the application of asphaltic
material, care shall be taken to prevent splattering of
adjacent pavement, curb and gutter and structures.
The mixture shall be spread and compacted in layers or
f'\ lifts as specified on the plans or as directed by the
Engineer. The sequence of compacting shall be such that
undue displacement of the edge of the course does not
occur. On deep lifts, the edge of the course may be rolled
with a motor grader wheel or similar equipment or supported
by blading a roll of earth against the edge of the course
prior to compacting the surface.
When the asphaltic mixture is placed in a narrow strip
along the edge of an existing pavement, or used to level up
small areas of an existing pavement or placed in small
irregular areas where the use of a finishing machine is not
practical, the finishing machine may be eliminated when
authorized by the Engineer, provided a satisfactory surface
w
can be obtained by other approved methods.
I. Compacting
(1) As directed by the Engineer, the asphalt stabilized
base shall be compacted thoroughly and uniformly with
the specified rollers. In lieu of the rolling equipment
specified, the Contractor may, upon written permission
from the Engineer, operate other compacting equipment
that will produce equivalent relative compaction as the
specified equipment. If the substituted compaction
equipment fails to produce the desired compaction as
would be expected of the specified equipment, as
determined by the Engineer, its use shall be
discontinued. When directed by the Engineer, the
initial compaction shall be accomplished with pneumatic
tire rollers.
(2) When rolling with the three wheel, tandem, or vibratory
rollers, rolling shall start longitudinally at the
sides and proceed toward the center of the pavement,
overlapping on successive trips by at least half the
width of the rear wheel unless otherwise directed by
the Engineer. Alternate trips of the roller shall be
slightly different in length. On super -elevated
curves, rolling shall begin at the low side and
progress toward the high side unless otherwise directed
by the Engineer. When rolling with vibratory steel
wheel rollers, the manufacturer's recommendation shall
be followed unless directed otherwise by the Engineer.
Rolling with pneumatic -tire roller shall be done as
directed by the Engineer. Rolling shall be continued
Iv-25
until no further increase in density can be obtained
and all roller marks are eliminated. The motion of the
roller shall be slow enough at all times to avoid
displacement of the mixture. If any displacement
occurs, it shall be corrected at once by the use of a
rake, and of fresh mixtures where required. The roller
shall not be allowed to stand on any portion of the
pavement mixture which has not been fully compacted.
To prevent adhesion of the mixture to the roller, the
wheels shall be kept thoroughly moistened with water,
but an excess of water will not be permitted. All
rollers must be in good mechanical condition.
Necessary precautions shall be taken to prevent the
dropping of gasoline, oil,:grease or other foreign
matter on the roadway, either when the rollers are in
operation or.when standing.
Hand Tamping
The edges of the pavement along curbs, headers and
similar structures, and all places not accessible to
the roller, or in such positions as will not allow
thorough compaction with the rollers, shall be
thoroughly compacted with lightly oiled 'tamps.
J. Surface Finish
The compacted material shall conform to the typical cross
sections, lines and grades as shown on plans and directed
by the Engineer and shall have a smooth surface with a
reasonably uniform texture acceptable to the Engineer.
Unacceptable finished surfaces may be corrected by the
placement of additional mixture, all at the expense of the
Contractor.
K. Protection Of The Work And Opening To Traffic
The completed asphalt stabilized base course shall be
opened to traffic as provided by the plans and as directed
by the Engineer. All construction traffic allowed on the
base course shall comply with the State laws governing
traffic on highways unless otherwise authorized by the
Engineer. When another roadway surface is provided for the
traveling public and construction traffic through the
project, the Engineer may prohibit traffic on the completed
base course,.
L. Surface Density Test
IV-26
City personnel will provide density test and results
throughout the construction process at no cost to the
contractor.
Samples of the completed pavement shall be removed from
locations designated by the Engineer to enable him to
determine the composition, compaction, and density of the
pavement. Samples for each day or fraction thereof shall
be taken by City personnel. The contractor shall replace
the pavement removed from core holes at no cost to the
City. If the pavement is deficient in composition,
compaction, or thickness, satisfactory correction shall be
made as directed by the Engineer.
9. ASPHALTS
Asphalts for use on this project shall comply with Texas State
Highway Department Specification, Item 300.
SPECIAL PROVISION TO ITEM 300, ASPHALTS, OILS AND EMULSIONS
For this project, Item 300, "Asphalts, Oils and Emulsions", of
the TxDOT Standard Specifications, is hereby amended with
respect to the clauses cited below and no other clauses or
requirements of this Item are waived or changed hereby.
Article 300.2. Materials, Subarticle (3) Latex Additive, is
voided and replaced by the following:
(3) Latex Modified Asphalt Cement.
(a) Latex Additive. Latex additive shall be an emulsion of
styrene-butadiene low -temperature copoloymer in water. The
emulsion shall have good storage stability and possess the
following properties.
Monomer Ratio of Latex - 73 +f- 5
butadiene to styrene 27 +/- 5
r�
Minimum Solids Content, - 45
percent by weight
Viscosity of Emulsion at - 2000
77 +/- 1 F, cps, max
(No.3 spindle, 20 RPM,
Brookfield RVT Viscometer)
The manufacturer shall furnish the actual styrene-butadiene
rubber (SBR) content for each batch of latex emulsion. This
IV-27
r
information shall accompany all shipments to facilitate proper
addition rates.
(b) Latex Modified Asphalt Cement. This material shall
consist of AC-10 asphalt cement in accordance with Subarticle
300.2(1) to which has been added a styrene-butadiene rubber
latex. The amount shown is based on latex solids in the
finished asphalt -latex blend., Possible combinations,and
their intended uses are as follows:
Material Use
AC-5 + 2% latex solids Seal coats and surface treatments
AC-10 + 2% latex solids Seal coats and surface treatments
or asphaltic concrete
AC-10 + 3% latex solids Asphaltic Concrete
The finished asphalt -latex blend shall be smooth, homogeneous,
and comply with the following requirements.
Property
AC-5
+
2% Latex
AC-10
+
2% Latex
AC-10
+
3% Latex
Minimum SBR Content, percent by
2.0
2.0
3.0
wt.-solids (IR determination)*
Penetration,100g, 5 sec,77 F mir
120
80
75
Viscosity,140 F, poises, minimun
700
1300
1600
Viscosity,275 F, poises, maximu
Ductility, 39.2 F, 1 cm/min, cm,
-
-
100
minimum
Ductility, 39.2 F, 5 cm/min, cm,
70
60
-
minimum
Separation of Polymer, 325 F**
None
None
None
*The asphalt supplier shall furnish the department samples of
the base asphalt and latex emulsion used'in making the
finished product.
**A 350 gram sample of the asphalt -latex blend is: stored for
48 hours at 325F. Upon completion of the storage time the
IV-28
sample is visually examined for separation of rubber from
�., the asphalt (smoothness and homogeneity). If a question
still exists about the separation of rubber a sample will be
taken from the top and bottom for Infrared Spe:ctrocopy
analysis to determine actual rubber contents. A difference
of 0.4% or more between the top and bottom concentration
levels constitutes separation. When the latex modified
asphalt is to be used in asphaltic concrete and the latex
additive is introduced separately at the mix plant, either
by injection into the asphalt line or into the mixer, the
compatibility and stability of the asphalt -latex combination
r, shall be determined by preparing a laboratory blend and
storing it for five hours at 325 F. Upon completion of
storage time, the sample shall be examined as indicated
above.
Article 300.3. Storage, Heatina and Application_ Temperatures.
Table of application and mixing is supplemented by the
following:
Heating and
Recommended Maximum Storage
Type -Grade Range, F Allowable, F Maximum, F
All AC -latex blends 300-375 390 390****
****Maximum temperature for storage by the asphalt supplier or
the Contractor shall be 375F. On AC-5 and AC-10 + 2 percent
SBR designated for seal coat or surface treatment work, the
r temperature may be increased to a maximum of 390F by the
supplier loading through an in -line heater, or with the
Engineer's permission, these materials may be heated to a
maximum of 390F by the Contractor just prior to application.
10. HOT MIX ASPHALTIC CONCRETE SURFACE
(A) Aggregate
(1) General
The mineral aggregate shall be composed of coarse
aggregate, a fine aggregate, and if required, a mineral
filler. Samples of coarse aggregate, fine aggregate and
mineral filler shall be submitted to the City of Lubbock
Testing Laboratory for testing and approval by the
Engineer. Approval of other material and of the source
�. of supply must be obtained from the Engineer prior to
f 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
IV-29
of not less than 40, unless otherwise shown on the
plans when tested in accordance with ASTM D-2419.
'The percent of flat or elongated slivers of stone for
any course shall not exceed 25%, when tested in
accordance with Test Method Tex-224-F.
Aggregate that appears susceptible to film stripping
when tested in accordance with ASTM D-1075, minimum 70%
index of retained strength and tested in accordance with
AASHTO T-283, minimum 70% tensile strength ratio, shall
be rejected or conditioned with an anti -stripping agent
as approved by the Engineer.
Prior to stockpiling of aggregates the area shall be
cleaned of trash, weeds and grass and be relatively
smooth. Aggregates shall be separated into stockpiles
of different gradation, such as a large coarse
aggregate, and a small coarse aggregate stockpile such
that the grading requirements of the specified type will
be met when the piles are combined in the asphaltic
mixture. No coarse aggregate stockpile shall contain
more than 10 percent by weight of materials that will
pass a No. 10 sieve except as noted on the plans or
provided for by special provision. Fine aggregate
stockpiles may contain small coarse aggregate in the
amount of up to 15 percent by weight,-(100 percent of
which shall pass a 1/4 inch sieve). However, the
coarse aggregate shall meet the quality tests specified
herein for "Coarse Aggregates." Suitable equipment of
acceptable size shall be furnished by the Contractor to
work the stockpiles and prevent segregation of the
aggregates.
If the Contractor utilizes an asphalt continuous mix
plant, the various aggregate stockpiles of different
gradation will be stockpiled in the same manner as
described for stockpiling of aggregate for asphalt
stabilized base. That is, the stockpiling of the
aggregate shall be made up of layers of material not to
exceed two feet in height of each layer. The edge of
each succeeding layer shall extend inward so as not to
overlap the edge of the layer below. In loading from
the stockpile, the material shall be loaded by making
successive vertical cuts through the entire depth of the
stockpile.
(2) Coarse Aggregate
The coarse aggregate shall be that part of the aggregate
retained on a No. 10 sieve; shall consist of clean,
IV-30
Fft
tough, durable fragments of crushed stone of uniform
quality throughout; mixing or combining crushed gravel
and crushed stone will not be permitted. The aggregate
shall be crushed to the extent that produces a minimum
of 85% crushed faces when tested in accordance with Test
Method (Tex-460-A). The aggregate shall have a maximum
of 30% loss when subjected to 5 cycles ofthe Magnesium
Sulfate Soundness Test (A.S.T.M. C-88-83).
When coarse aggregate is tested in accordance with Test
Method Tex-217-F, the amount of organic matter, clays,
loams or particles coated therewith or other undesirable
materials shown on the plans shall not exceed 2 percent.
When it is specified that,the coarse aggregate be
sampled during delivery to the plant, from the
stockpile, or from the cold bin, the material removed
when tested in accordance with test method Tex.-217-F
(Part II, Decantation), shall not exceed 2 percent. The
plasticity index of that part of the fine aggregate
contained in the coarse aggregate passing the No. 40
sieve shall not be more than 6 when tested by ASTM
D-4318. However, where the coarse aggregate
contains less than 5% of fine aggregate and the fine
aggregate is of the same or similar material as the
coarse aggregate, the P.I. requirements for the material
passing the No. 40 sieve may be waived by the Engineer
in writing.
When it is specified that the coarse aggregate be
sampled from the hot bins and tested in accordance with
Test Method Tex-217-F (Part II Decantation), the amount
of material removed shall not exceed 1 percent.
Tests performed as specified herein represent material
?�- processed or placed until a subsequent test is
performed.
The coarse aggregate shall have an abrasion of not more
than 40 percent loss by weight when subjected to the Los
Angeles Abrasion Test, ASTM C-131. Coarse
aggregate from each source shall meet the abrasion
requirements specified.
(3) Fine Aggregate
r The fine aggregate shall be that part of the aggregate
passing the No. 10 sieve and shall consist of sand or
r,screenings or a combination of sand and screenings.
r-
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r
The plasticity index of that part of the sand passing
the'No.40 sieve shall not be more than 6 when tested in
accordance with ASTM D-4318. The plasticity index of
that part of the screenings passing the,No. 40 sieve
shall not be more than 9, unless otherwise shown on
plans, when tested by ASTM D-4318. Fine aggregate from
each source shall meet,plasticity requirements.
Sand shall be composed of durable stone particles free
from injurious foreign matter. Screenings shall be of
the same or similar,material as specified for coarse
aggregate.
(4) Mineral Filler
The mineral filler shall consist of thoroughly dry stone
dust, slate, dust, portland cement or other mineral dust
approved by the Engineer. The mineral filler shall be
free from foreign and other injurious matter.
When tested by ASTM D-242
it shall meet the following grading
requirements:
Per Cent
By Weight
Passing a No. 30 sieve 100
Passing a No. 80 sieve 95 to 100
Passing'a No. 200 sieve 70 to 100
(B) Asphaltic Material
(1) Asphalt for Paving Mixtures.
Asphalt for the paving mixtures shall be of the
types of oil asphalt as determined by the Engineer.
The grade of asphalt used shall be as designated by
the Engineer after design tests have been made using
the mineral aggregates that are to be used in the
project. If more than one type of asphaltic concrete
mixture is specified for the project, only one grade
of asphalt will be required for all types of
mixtures, unless otherwise shown on plans. The
Contractor shall notify the Engineer of the source
of his asphaltic material prior to production of the
asphaltic mixture and this source shall not be
IV-32
changed during the course of the project except by
written permission of the Engineer.
(1.1)
HYDRATED LIME
Hydated lime shall be added to the Asphalt mixture, as
per TxDot Item 264, as an additive to improve the
quality of the mixture.
SPECIAL PROVISION TO ITEM 264
HYDRATED LIME AND SLURRY
Item 264, "Hydrated Lime and Lime Slurry", of the
Standard Specifications,'is hereby amended with
respect to the clauses cited below and no other
clauses or requirements of this Item are waived or
changed hereby.
Article 264.1. Description is voided and replaced by
the following:
264.1. Description. This item establishes the
requirements for hydrated lime, quicklinrne and
commercial lime slurry of the type and grade
considered suitable for use in the
treatment of natural or processed materials or
mixtures for subgrade, subbase and base construction.
CAUTION: Use of quicklime can be dangerous. Users
should become informed of the recommended precautions
in the handling, storage and use of quicklime.
Article 264.2. Types is voided and replaced by the
following:
264.2. Types. The various types and grades of lime
and lime slurry are identified as follows:
a. Type A, Hydrated Lime, a dry powdered material
consisting essentially of calcium hydroxide.
b. Type B, Commercial Lime Slurry, a liquid mixture
of essentially hydrated lime solids and water in
slurry form.
c. Type C. Ouicklime, a dry material consisting
essentially of calcium oxide. It shall be furnished
in either of two grades which differ in sizing.
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r
..Grade DS, "pebble" quicklime of a gradation suitable
for either,"DryPlacing" or for use in the preparation
of a slurry for "Wet Placing"
Grade S, finely graded quicklime for use in the
preparation of a slurry for wet placing. (Note: Due
to the.possibility of appreciable amounts of finely
divided, powdered quicklime
being present in this product, the use of Type C, Grade
S Quicklime is restricted to "Slurry Placing" only. It
is considered to be unsuitable for "Dry Placing".)
Lime for stabilization purposes shall be applied as
provided for in the governing specifications, as a dry
material or as a mixture of lime solids and water in
the form of lime slurry.
For dry application, Type A, Hydrated Lime or Type C,
Quicklime of Grade DS only may be used where
specifications permit.
For wet application, lime slurry may be delivered to
the job site as Type B, Commercial Lime Slurry or a
lime slurry may be prepared at the job.site by using
Type A Hydrated Lime or Type C Quicklime as specified.
The lime and lime slurry being furnished under the
terms of this specification shall, in addition to all
other requirements, also meet the following chemical
and physical requirements.
a. Chemical Composition: TYPE
A B C
Total "active" lime content, 1 2
% by weight--------------- 90.0 min 87.0 min
(i.e., %.by weight ca(OH)2 + % by
wt CaO, if present)
Unhydrated lime content,
% by wt CaO------ ------ 5.0 max
"Free Water" content,
% by H2O:--------- ------ 5.0 max
b. Sizing
(1)-Wet sieve requirement, as
by wt residue
IV-34
87.0 min
Retained on No. 6 (3360 micron) 2 3
sieve:----------------- 0.2 max 0.2 max 8.0 max
Retained on No. 30 (590 micron) 2
sieve:----------------- 4.0 max 4.0 max -
(2) Dry sieve requirement, as
by wt residue:
Retained on a 1-inch (25 mm)
sieve:----------------- - - 0.0
Retained on a 3/4" (19.0 mm)
sieve------------------ - - 10.0 max
Retained on a No. 100
(150 micron) sieve:---- - - Grade DS
80.0% min
Grade S -
No Limits
Note 1: No more than 5.0% by weight Cao (unhydrated
lime) will be allowed in determining the total
"active" lime content.
Note 2: In "solids content" of the slurry.
Note 3: The amount of total "active" lime content, as
Cao, in the material retained on the No. 6 sieve must
not exceed 2.0 percent of the original Type C lime.
Type B, Commercial Lime Slurry or a slurry prepared at
the job site from A Hydrated Lime or Type C Quicklime
shall be furnished at or above the minimum "Dry
Solids" content as prescribed by the Engineer and must
be of a consistency that can be handled and uniformly
applied without difficulty. The slurry shall be free
of liquids other than water and any materials of a
nature injurious or objectionable for the purpose
intended.
(2) Tack Coat
The asphaltic material for tack coat shall meet the
requirements for Cut -Back Asphalt RC-2, or shall be
a Cut -Back Asphalt made by combining 50 to 70
percent by volume of the asphaltic material as
specified for the type of paving mixture with 30 to
50 percent by volume of gasoline and/or kerosene. If
IV-35
RC-2 Cut -Back Asphalt is used, it may, ,upon
instructions from the Engineer, be diluted by
addition of an approved grade of gasoline and/or
kerosene, not to exceed 15 percent by volume.
(C) Paving Mixtures
Types
The paving mixture shall consist of a uniform mixture of
coarse aggregate, fine aggregate, lime and
asphaltic/latex 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.
(1) Master Gradation Specifications
Mixture Type _
City of Lubbock-(C.O.L.)
Sieve -Type "C" Type "D" _
Size (Residential Traffic
Only)
Percent by Weight Passing Sieves --
1" 100 ---
3/4" 98-100 ---
1/2" 81-93 100
3/811 65-85 85-100
No.4 43-63 50-70
No.8 33-45 35-47
No.16 22-34 23-35
No.30 13-27 14-29
No.50 7-19 8-20
No.100 3-11 4-12
No.200 1-6 1-6
Bitumen percent 4.0 - 7.5 4.0 - 7.5
(of total mix)
(D) Laboratory Control
If the Contractor or supplier wishes to use a material or
location not previously approved by the City of Lubbock,
he will be required to request approval in writing of the
IV-36
i
material not less than 60 days prior to anticipated use
of the material. The City of Lubbock laboratory test
results shall be the sole consideration for approval of
materials, mix designs, adequacy of procedures, etc.. The
results of such testing shall be evaluated and final
approval given by the City Engineer.
The City of Lubbock will utilize its own testing
laboratory to monitor the plant mixing for Black Base and
Hot Mix. This laboratory control will be provided by the
City of Lubbock. A representative of the City Engineer
will be at the plant with full authority to control the
mixing operation.
In those instances where irregularities occur and the
�• limits of the specification are exceeded for aggregate,
black base, or hot mix, appropriate corrections will be
required.
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k
(E) Tolerances
The Engineer will designate the exact grading of the
aggregate and asphalt content to be used in the mixture
(Job Mix Formula). The paving mixture produced shall not
vary from the designated grading and asphalt content by
more than the tolerances allowed herein and shall remain
within the limitation of the master grading specified.
The respective tolerances, based on the percent by weight
of the mixture, are listed as follows:
Percent by weight
Material Tolerance Plus or Minus
Aggregate passing No. 4 sieve
or larger 4 percent
Aggregate passing Nos. 8,16,30,
50 sieves 3 percent
Aggregate passing Nos. 100 & 200
sieves 2 percent
Bitumen 0.25 percent
(F) Extraction/ Gradation Tests And Design Criteria
(1) Samples of the mixture when tested in accordance with
ASTM D-2172 shall not vary from the grading
proportions of the aggregate and the asphalt content
designated by the Engineer by more than the
IV-37
respective tolerance specified above. (See Section
IV-7-C (1) for methods of extraction of asphalt)
During construction, if grading or asphalt content
exceeds the tolerances stated herein, production will
be discontinued until such time as the Hot -Mix
Asphaltic Concrete mixture has been corrected and
subsequent grading and extraction tests indicate
results within the tolerance stated herein. All Hot -
Mix Asphaltic Concrete mixture so constructed, which
_exceeds the tolerances as stated herein, will be
removed and replaced at no cost to the Owner.
(2) Design Method
Thoroughfare Residential
Traffic Traffic
Min. Max. Min. Max.
Marshall Method
No. of compaction blows,
each end of specimen 75 50
Stability, Lbs. 1800 ---
Flow, units of 0.01 in
Air Voids
Surfacing or Leveling
Percent Voids in
Mineral Aggregate
(3) Sampling and Testing
8 14
3 5
13 ---
1200 ---
8 18
3 5
14 ---
It is the intent of this specification that the
mixture will be designed to produce a mixture of
optimum density and stability, as determined by the
Engineer, when tested in accordance with these
specifications and applicable ASTM procedures.
Samples of the completed pavement shall be removed
from locations designated by the Engineer to enable
him to determine the composition, compaction, and
density of the pavement. Samples for each day or
fraction thereof shall be taken by City personnel.
The contractor shall replace the pavement removed
from core holes at no cost to the City. If the
pavement is deficient in composition, compaction, or
thickness, satisfactory correction shall be made as
directed by the Engineer.
IV-38
Tests on Marshall specimens shall be made twice daily or as
directed by the Engineer to retain job control. The
mixture shall comply with the requirements of 'Table (2)
above when tested in accordance with the Marshall method
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 teats 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 rtay proceed, and
the mix shall be changed until the laboratory/field tests
equals or exceeds the specified values. If there is, in the
opinion of the Engineer, an apparent change in any material
from that used in the design mixtures, production will be
discontinued until a new design mixture is determined by
trial mixes.
11. SILO STORAGE
A silo storage system may be used during the normal day's
operation. The mixture coming out of the silo storage must be
of equal quality and temperature to that coming out of the
mixing plant. Any operation that has tendency to segregate
the mixture or fails to maintain a thorough and uniform
.� mixture and temperature shall not be used. If any load of
mixture coming out of the silo storage system fails to meet
the asphalt specifications or gradation requirements, then
the total contents of the silo storage system shall be
condemned.
12. BARRICADES AND SIGNS
Barricades shall be constructed of 'clean, sound lumber, shall
r.. be of first-class workmanship, and all surfaces above ground
shall be painted with an approved brand of white paint to
secure thorough coverage and a uniform white color. In no
case shall less than two coats be used. The paint for
barricade stripes shall be reflective orange and reflective
white. All dimensions, striping, lighting, painting, coloring
and placement of barricades shall be in accordance to the
r details and design as set forth in the Texas Manual on
UNIFORM TRAFFIC CONTROL DEVICES for Street and Highways, Part
VI, issued in May, 1983.
The Contractor shall maintain each barricade in a neat
' acceptable condition and furnish replacements when necessary
or requested by the Engineer,.
PM
IV-39
i
Each sign shall be displayed only for the specific purpose
prescribed for it. Before any detour or temporary route is
open to traffic all necessary Regulatory, Warning and Guide
signs shall be in place.
Signs,required by temporary conditions or restrictions shall
be removed immediately when those conditions cease to exist
or the restrictions are withdrawn. Guide signs directing
traffic to and on temporary routes or detours shall be
removed when no longer applicable.
Standardization is important with respect to design and
placement, and uniformity of application is equally
important. Identical conditions should always be marked with
the same type of sign, irrespective of where those particular
conditions occur.
All signs that are to convey their message during hours of
darkness shall be reflectorized or illuminated. Signs for
daytime use only may be non-reflectorized but a fluorescent
background material will be used for increased daytime
visibility if requested by the Engineer.
Where there is serious interference from extraneous light
sources, and a reflectorized sign is not likely to be
effective, an illuminated sign will be used.
Construction warning signs shall have a black legend on an
orange background and shall conform to the standards as to
size, shape and color as outlined in the Texas Manual on
UNIFORM TRAFFIC CONTROL DEVICES mentioned above.
Barricades, flares, and signs are a necessity in the
construction involved in this contract. The provision of
these items by the Contractor should be considered in the bid
prices submitted, as no separate compensation will be made,
unless indicated otherwise in the plans or the proposal.
No work will be permitted on any project prior to
installation of barricades or other warning devices at the
beginning and end of the construction area.
IV-40
I
7
P"
Details of Construction
1. CONCRETE
A. Curb and Gutter (Class A -Concrete)
Description
This item shall consist of Portland Cement 24"
concrete curb and gutter or 24" separate gutter as
shown on the plans or as directed by the engineer,
and shall be constructed of Class A concrete.
Included in the curb and gutter item is the subgrade
preparation and the filling and shaping of the area
behind the curb.
1. Curb Openings
Separate gutter sections will be placed only across
alleys and driveways presently in use or where
definitely planned for future property improvements.
It shall be the responsibility of the contractor to
contact the property owner and determine the proper
location of driveways before curb and gutter is
constructed. All gutters across new or proposed
driveways must meet the requirements set forth in the
City Sidewalk and Driveway Regulations, Ordinance
Number 1466 and amendments thereto and gutters across
existing driveways will be required to conform to
said regulations if no hardship to the existing
property improvements is involved. In any event, all
curb and gutter to be poured must have the engineer's
approval as to driveway widths and location, in
addition to the section, and line and grade approval
before any pour is started on any curb and gutter
unit.
2. Excavation and Subgrading (See Section V-2)
Excavation for the curb and gutter shall be made with
the excavation of the entire street. The excavation
shall be done to the lines and grades set by the
engineer and in such a manner as to require a maximum
1/211 (inch) of fill to bring the subgrade to the
correct elevation. Subgrade that is undercut I" (one
inch) or more shall be brought to the correct
elevation by scarifying, wetting, disking, blading,
rolling and compacting to 95% Standard Proctor
Density (A.S.T.M. D-698) with pneumatic rolling to
correct elevation prior to setting forms. Before
completion of curb and gutter, all traffic signs and
street name markers found in the way of paving will
V-1
immediately be relocated behind the proposed curb and
gutter by the Contractor.
3. Setting Forms
Forms for concrete and gutter shall be set to the
lines and grades established by the engineer after
the subgrade has been prepared. The forms shall be
held together and in place in such a manner that they
will not move during the placing and working of the
concrete. The forms shall be cleaned and oiled prior
to pouring concrete. Face forms and construction
joints (removable metal plates) shall be set to hold
the concrete for the curb in place until it is to be
finished.
Forms for radii shall be set in the same manner as
the straight forms except that no face form will be
required if a true section is obtained by other
methods. The radii forms shall be set in such a
manner that the curve will be true.
4. Placement (Including Making Joints)
Sufficient concrete shall be placed to allow for
shrinkage and extra material for finishing, and the
concrete shall be floated and troweled to the
approximate section, and only after the concrete
receives a partial set shall the face forms be
removed. The section shall then be shaped to the true
cross-section by the use of a metal -screed which is
shaped to the true cross-section.
A '.'mule" screed shall be used only to shape to true
cross-section when topping material is provided and
pushed along on the front edge of the mule.
Curb and gutter shall be constructed with an
expansion joint at the tangent point of each return
at intersections and at intervals of no more than
forty (40) feet between the intersections. Forty feet
intervals may be waived if curb and gutter machine is
used. Expansion joints shall be of the material
hereinbefore specified. Construction joints formed by
removable metal plates (templates) accurately shaped
to the cross-section of the curb and gutter shall be
located at the mid -point of each section between
expansion joints or as directed by the engineer.
Contraction joints shall be placed at ten foot
intervals. All joints shall be perpendicular to the
surface of the concrete and to the axis of the
section.
MAW
5. Finishing
A ten (10) foot metal "straight -edge" shall be used
to strike the flow line to grade, continuously along
the flow line of the gutter. This operation shall be
followed with a four (4) foot spirit level to assure
the continuous grade down the flow -line the length of
the gutter.
Curb and gutter shall be finished uniformly by wood
trowelling to an accurate cross-section. Extra water
will not be added for finishing. The final finish
will be accomplished with a brush, the last stroke
being one from the back of curb to the lip of gutter.
Both sides of all joints, the lip of gutter, and the
back edge of the curb shall be finished with a 1/4"
radius edging tool before the final brushing. Curves
at the top and bottom of the section shall present a
uniform appearance without "waves" in the face of the
curb or "pockets" in the gutter.
Concrete shall not be poured during sand storms.
Concrete shall be protected to maintain temperature
of not less than 50 degrees F. for five days after
placement. If aggregate and water are heated, they
shall not be heated above 90 degrees F. Concrete
shall not be placed when the ambient temperature is
less than 40 degrees F. It shall be the
responsibility of the Contractor to anticipate as
nearly as possible changes in weather conditions
which would affect the placement and protection of
the concrete, and be prepared to protect freshly
placed concrete when sudden changes in the weather
make such protection necessary.
6. Removing Forms
Special care is required of the Contractor in his
removing of pins and of forms. Pins shall be pulled
from the ground to free forms. If hammering is found
to be necessary, a light, one (1) pound hammer shall
be used. The contractor shall not place forms or pins
on newly finished concrete. Loading and unloading of
forms from a truck shall be executed by two workmen.
It is the duty of the Contractor to remove any warped
forms found in any section of forms, before it is
poured. When forms are pointed out as defective,.
those forms shall then be removed from the job site
and not returned until they have been inspected by
the Engineer.
V-3
7. Machine Laid Curb and Gutter
Class A concrete shall be used for machine laid curb
and gutter. The slump of the concrete shall be as
directed by the Engineer. Reinforcing steel, if
required, shall conform to Section 3 under Materials
of Construction.
The curb and gutter shall be laid by an extrusion
machine approved by the Engineer. Immediately prior
to placing the curb and gutter, the previously
approved foundation shall be thoroughly cleaned.
The line for top of curb shall be maintained from a
guideline set by the Contractor from survey marks
established by the Engineer. Curb outline shall
strictly conform to the details shown on the plans.
The approved mix shall be fed into the machine in
such a manner and at such consistency that the
finished curb will present a well compacted mass with
a surface free from voids and honeycombs and true to
established shape, line, and grade.
Additional surface finishing shall be performed
immediately after extrusion. Extra water will not be
added for finishing. Unless otherwise specified by
the Engineer, joints shall be constructed as follows:
Expansion joints shall be located at each end radius
at intersections and alley returns and at the
beginning of the pour; and dummy grooved joints shall
be spaced at 10 foot intervals between the expansion
joints.
8. Curinu
All concrete work shall be covered with heavy water-
proof type paper to prevent loss of moisture and to
prevent direct sunlight from striking the concrete,
as 'soon as it has set sufficiently enough to prevent
marking.
In lieu of`this method of curing, the curb and gutter
may be cured by applying a liquid membrane coating to
all exposed surfaces, provided such material and
method is first approved by the Engineer.
9. Filling Behind Curb
After the forms are removed and the concrete has
cured, the contractor shall fill the area behind the
curb with top soil. The area between the sidewalk and
the curb or property line and curb, if no sidewalk
exists, shall be leveled and sloped toward the curb
V-4
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in a manner satisfactory to the property owner and/or
r, Engineer. Fill should be done prior to placement of
base materials.
10. Replacement of Damaged Curb and Gutter or Gutter
r
1 No patching of any nature shall be allowed in
repairing any damage to curb and gutter which occurs
r. during the construction process of paving
improvements in any unit
prior to the acceptance of said unit. Where damage
occurs, the section of curb and gutter or gutter
containing the damaged portion shall be removed to
the nearest joints and shall be replaced with new
construction, prior to surfacing of that section of
f street.
Concrete surface finish marred by vandals, rain or
sand during setting time shall be immediately
repaired with an approved epoxy material; all abused
concrete surface,'along with structural damage and
defective flow line found at time of surfacing shall
be handled as described in sentence 2 above.
B. Reinforced Concrete 24" Separate Gutter (Class E
Concrete) Description
This item shall consist of Portland cement 24"
separate gutter constructed in accordance with the
typical curb and gutter sections included in these
specifications and at locations as shown on the plans
or as directed by the Engineer.
1. Subgrade Preparation (See Section V-2)
2. Reinforcing Steel - See Section 3 Under Materials of
Construction
3. Placement of Reinforcement
Care shall be taken to tie the (3) three horizontal #
! 3 bars to the (3) three vertical # 3 bar pins at a
point 3" above the bottom.
C. Reinforced Concrete Valley Gutters (Class C and
Class E Concrete)
Description
This item shall be constructed of class C concrete
for thoroughfare or collector street valley gutters
,•• and Class E concrete for residential street valley
gutters and consists of the construction of an eight
i.
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V-5
(8) inch concrete slab on thoroughfare or collector
streets or a (6) inch concrete slab on residential
streets reinforced with 4-Number 3 bars on one and
one-half (1-1/2) foot spacing for 5 foot wide valley
gutters,(Cross bars shall.be #3 bars 4 1/2 feet long)
or with 611 x 6111' 6 gauge wire mesh. Fillet areas
shall be reinforced as shown on the plans and
constructed to,the lines and grades as shown on the
plans and as designated by the Engineer. Details of
construction are the same as for curb and gutter
where they can be directly applied.
1. Subgrade Preparation (See Section V-21
2. Reinforcing Steel.- See Section 3 under Materials of
Construction.
3. Placement of Reinforcement
Care shall be taken to hold the steel in the center
of the slab, high chairs or precast concrete blocks
shall be.located at three (3) foot centers. Lapping
distance shall be 40 diameters, and the lap shall be
tied at three points with wire if steel bars are
used.
D. Reinforced Allev Pavina Slab and Allev Returns
(Class E Concrete)
Description
This item shall consist of reinforced concrete paving
of variable thickness (511- to 7-1/211) constructed in
the center 10 feet of alleys and shall be constructed
of Class E concrete. All alley paving and alley,
returns shall be constructed in accordance to the
Alley Paving Details.
1. Formina
Forms for alley slab shall be placed where necessary
to form the outside edge of slab (where.slab is not
bordered by concrete curb and gutter or other
permanent improvements such as building,:docks, etc.)
and where necessary to form construction and
expansion joints (See "Alley Paving Details" on
plans). On all edges, joints, etc. to be formed, the
forms shall extend the entire depth of concrete.
7
Pft
2. Subgrade Preparation '(See Section V-21
3. Reinforcinct
Care shall be taken to securely hold the welded wire
mesh 3" above the bottom of the slab by use of high
chairs or pre -cast concrete blocks.
Concrete shall not be poured during sandstorms.
Concrete shall be protected to maintain temperature
of not less than,50 degrees F. for five (5) days
after placement. If aggregate and water are heated,
they shall not be heated above 90 degrees F. Concrete
shall not placed when the ambient temperature is less
than 40 degrees F. It shall be the responsibility of
the Contractor to anticipate as nearly as possible
changes in weather conditions which could effect the
placement and protection of the concrete, and to be
prepared to protect freshly placed concrete when
sudden changes in the weather make such protection
necessary.
4. Finishing
Concrete shall be deposited 'so as to conform roughly
to the finished cross-section. Sufficient concrete
shall be placed to'allow 'for shrinkage and extra
material for finishing. Extra water will not be added
for finishing.
The shape and flow line of the alley paving slab may
be established by the use of two (211) inch by four
(411) inch wood screeds, or other approved. removable
devices, accurately staked to line and grade. If such
devices are used they shall be in place before the
final finishing of the subgrade and the subgrade
shall be finished so that the concrete slab will be
of the proper depth. The concrete shall be "struck
off" to the true section and finished smooth by
floating and troweling. The final finish shall be
provided by brushing to provide a nonskid surface for
traffic. Particular care shall be taken in the final
troweling and finishing so that the finished slab
presents a smooth straight surface without waves in
the edge and without pockets in the flow line.
5. Curing and Protection
All concrete work shall be covered with burlap or
'' other suitable material as soon as it has set
4' sufficiently to prevent marking and kept wet
continuously for at least (4) days. Care shall be
r taken to prevent mechanical injury to concrete work
during this period and until the work is accepted.
r
V-7
Any work damaged prior to acceptance shall be
repaired by the Contractor at his own expense and to
the satisfaction of the City Engineer.
The City Sanitation Department shall be notified of
all alley return and alley paving construction, and
if possible, the length of time said return and/or
alley shall be closed to traffic. The Contractor
shall properly flare and barricade alley returns and
alleys during the period of construction and as long
afterward as the Engineer may require for curing and
achieving strength. Before opening alley returns to
traffic, the contractor shall properly fill and level
by hand, (no maintainer shall be used until full
strength of concrete is achieved), the adjacent
approaches from the street and alley. In all cases,
no alley or alley return shall be opened to traffic
without the approval of the City Engineer.
6. Removing Forms
Special care is required of the Contractor in his
removing of pins and moving of forms. Pins shall be
pulled from the ground to free forms. If hammering is
found to be necessary a light, one (1) pound hammer
shall be used. The contractor shall not place forms
or pins on newly finished concrete. Loading and
,unloading of forms from a truck shall be executed by
two workmen. It is the duty of the Contractor to
remove any warped forms found in any section of
forms, before it is poured. When forms are pointed
out as defective, those forms shall then be removed
from the job site and not returned until they have
been inspected by the Engineer.
7. Replacement of Damaged Concrete or Concrete Surface
only patching of very minor nature will be allowed in
alley paving. Any substantial damage occurring to the
alley paving prior to the acceptance of the unit in
which the damage occurs will be remedied by removal
and replacement of the entire section or sections of
alley paving that has been damaged. Any slab removed
to a joint other than a doweled expansion joint will
be replaced using joint section B-B in the Special
Detail Sheets of these specifications. Extreme care
shall be taken by the Contractor during "Setting -Up"
period to prevent vandals, sand or rain from marring
the sur-face finish to avoid being handled as
described in sentence 2, above.
V-8
r*
i
E. Reinforced Concrete Median Curb (Class A Concrete)
r
This item shall consist of reinforced concrete slab
(611) inches thick and may be placed on asphalt
surface on caliche base, or on asphalt surface on
concrete base. Median slab shall be dowled as shown
on the plans. Details of concrete placement,
'
finishing, and curing shall be used where applicable.
-1. Subgrade Preparation (See Section V-21
F. Reinforced Concrete Railroad Crossing (Class F
Concrete) Description
This item shall consist of the construction of Class
�.
F reinforced concrete as shown on Concrete Railroad
Crossing Details. (File #2-B-92 [2]).
1. Subgrade Preparation (See Section V-2)
2. Reinforcing Steel Bars to be Used)
Reinforcing steel to be used on this project shall
conform to A.S.T.M. Designation A-432 and shall be
deformed to A.S.T.M. 305 requirements.
3. Placement of Reinforcement
Care shall be taken to hold the (1/211) bars above the
bottom of the foundation slab and above the railroad
ties as shown on the plans. In the top slab the
vertical and horizontal bars shall be securely tied
with wire.
G. Reinforced Concrete Drainage Slabs (Class A Concrete
This item shall consist of a concrete slab (511) thick
and containing wire mesh reinforcing which shall
conform to "Standard Specification for Welded Steel
Wire Fabric For Concrete Reinforcement" ASTM
Designation A-185, or approved fiber reinforcement.
1. Subgrade Preparation (See Section V-2)
H. Concrete Pavement - Class C Concrete Description
r This item shall consist of a pavement of portland
cement concrete, with reinforcement as shown on
plans, constructed as herein specified on the
r' prepared subgrade and one inch of sand cushion or
other base course in conformity with the thickness
and typical cross sections shown on plans and to the
lines and grades established by the Engineer.
Concrete shall be considered of satisfactory quality
r
V-9
provided it is made (a) of materials accepted for the
job, (b) in the proportions established by the
Engineer and (c) Mixed, placed, finished and cured in
accordance with the requirements herein specified.
Materials
1. Cement
The cement shall be Type I or Type III standard brand
of Portland cement. If the use of high early strength
cement is not specified, and the Contractor desires
to use it, he shall obtain written permission of the
Engineer and shall assume all additional costs
incurred by the use of such cement. Type I and Type
III cement shall conform to the requirements of ASTM
C150. When Type III cement is used, the average
strength at the age of 7 days shall be higher than
that attained at 3 days. Either the tensile or the
compression tests may be used for either type cement.
In addition to the requirements of ASTM Designation
C150, the specific surface area of Type I cement
shall not exceed 2,000 square centimeters per gram as
measured by the Wagner Turbidmeter in accordance with
Test Method Tex-310-D.
2. Admixtures
Unless otherwise provided in the plans or special
provisions, approved types of admixtures to minimize
segregation, to improve workability,_ or to reduce the
amount of mixing water may be used in the rate of
dosage specified by the Engineer. Admixtures shall
not be used to replace cement. Admixtures shall
comply with all the requirements and be measured and
dispensed in accordance with T.H.D. Item 437,
"Concrete Admixtures".
3. Coarse Aggregate.
Coarse aggregate shall consist of durable particles
of crushed limestone (Brownwood Type) of reasonably
uniform quality throughout, free from injurious
amounts of salt, alkali, vegetable matter or other
objectionable material, either free or as an adherent
coating on the aggregate. It shall not contain more
than 0.25 percent by weight of clay lumps, nor more
than 1.0 percent by weight of shale nor more than 5.0
percent by weight of laminated and/or friable
particles when tested in accordance with Test Method
Tex-413-A.
Coarse aggregate shall have a wear of not more than
45 percent when tested according to Test Method Tex-
V-10
i
410-A and when tested by standard laboratory methods
shall meet the following grading requirements:
Retained on 1-3/4" sieve......................0%
Retained on 1-1/2" sieve................0 to 5 %
Retained on 3/4" sieve.................30 to 65%
Retained on 3/8" sieve.................70 to 90%
Retained on No. 4 sieve...............95 to 100%
Loss by Decantation Test
Method Tex-406-A ...1.0% Maximum
All aggregate shall be handled and stored in such a
manner as to prevent size segregation and
contamination by foreign substances. When segregation
is apparent, the aggregate shall be remixed. At the
time of its use, the aggregate shall be free from
frozen material. Aggregate that contains more than
0.5 percent free moisture by weight shall be
stockpiled for at least 24 hours prior to use.
r• Adequate storage facilities shall be provided for all
approved materials. The intermixing of nonapproved
materials with approved materials either in
stockpiles or in bins will not be permitted.
r" Aggregates from different sources shall be stored in
different stockpiles unless otherwise approved by the
Engineer.
Aggregates shall be stockpiled in such a manner to
prevent segregation, and maintained as nearly as
possible in a uniform condition of moisture.
Each aggregate stockpile shall be reworked with
suitable equipment as required by the Engineer to
r' remix the material to provide uniformity of the
stockpile.
4. Fine Aggregate.
Fine aggregate shall consist of sand or a combination
of sands, and shall be composed of clean, hard,
durable, uncoated grains. Unless otherwise shown on
plans, the acid insoluble residue of the fine
aggregate shall be not less than 28 percent by weight
when tested in accordance with Test Method Tex-612-J.
7 V-11
5. Fine Aggregate Exclusive of Mineral Filler
Fine aggregate shall be free from injurious amounts
of salt, alkali or vegetable matter. It shall not
contain more than 0.5 percent by weight of clay
lumps. When subjected to the color test for organic
impurities, Test Method Tex-408-A, the fine aggregate
shall not show a color darker than the standard.
Unless specified otherwise, fine aggregate shall meet
the following grading requirements:
Retained on 3/8" sieve.....................00
Retained on No.4 sieve................0 to 5%
Retained on No. 8 sieve..............0-:to 20%
Retained on No. 16 sieve ..... .......15 to 30%
Retained on No. 30 sieve .......... ..35 to 75%
Retained on No.,50 sieve ............ 70 to 90%
Retained on No. 100 sieve .......... 90 to 100%
Retained on No. 200 sieve ........... 97 to 100%
Fine aggregate will be subjected to the Sand
Equivalent Test (Test Method Tex-203-F). The sand
equivalent value shall not be less than 80, or less
than the value shown on the plans, whichever is
greater.
6. Mineral 'Filler
Mineral filler shall consist of clean stone dust,
crushed sand, crushed shell or other approved inert
material. When tested in accordance with Test Method
Tex-401-A, it shall meet the following requirements:
Retained on No. 30 sieve ................ ........ 0%
Retained on No. 200 sieve.................0 to 35%
At the time of its use the mineral filler shall be
free from frozen material, and aggregate containing
foreign material will be.rejected.
7. Mixing Water
Water for use in concrete and for curing shall be
free from oil, acids, organic matter or other
deleterious substances and shall not contain more
► *A
t
than 1,000 parts per million of chlorides as CL. nor
more than 1,000'parts per million of sulfates as SO4.
Water from municipal supplies approved by the State
Health Department will not require testing, but water
from other sources will be sampled and''tested before
use.
Test procedure shall be in accordance with AASHTO
Designation: T 26.
8. Steel Dowel Bars
Steel bar dowels, if used in accordance with
provisions of project plans, shall be of the size and
type indicated on plans and shall be open-hearth,
basic oxygen or electric -furnace steel conforming to
the mechanical properties specified for grade 60 in
ASTM Designation: A615. The free end of dowel bars
shall be smooth and free of shearing burrs.
9. Steel Reinforcement
Unless otherwise shown on the plans, steel
reinforcing bars as required including the tie bars
shall be open-hearth, basic oxygen or electric -
furnace new billet steel of Grade 60 or Grade 40 for
concrete reinforcement. Bars that require bending
shall be Grade 40 conforming to requirements of ASTM
A-615.
High yield reinforcing steel shall be either (1)
open-hearth, basic oxygen or electric -furnace new
billet steel conforming to the requirements of ASTM
A-615 Grade 60 or (2) rail steel bars for concrete
reinforcement, conforming to the requirements of ASTM
A-616 Grade 60. (Bars produced by piling method will
not be accepted).
Where prefabricated wire mats are specified or
permitted, the wire shall be cold worked steel wire
conforming to the requirements of ASTM A 496, except
'^ that steel shall be made by open-hearth, electric -
furnace, or basic oxygen processes. The prefabricated
wire mats shall conform to the requirements of ASTM
A 497. Mats that have been bent or wires dislocated
or parted during shipping or project handling shall
be realigned to within one-half inch of the original
horizontal plane of the mat. Mats with any portion of
PM the wires out of vertical alignment more than one-
half inch after realignment and/or wires dislocated
or mutilated so that, in the opinion of the Engineer,
they do not represent the original mat, shall be
rejected. The mats may be clamped or wired so that
V-13
the mats will retain the horizontal and vertical
alignmentasspecified by the plans or as approved by
the Engineer. Deformed wire may be used for tie bars
-and load transfer bars that require bending.
When fabricated steel bar or rod mats are specified,
the mats shall meet the requirements of ASTM A-184.
10. Mechanical Vibratory Equipment
All concrete placed for pavement shall be
consolidated by approved mechanical vibrators
designed to vibrate the concrete internally. The
internal type will be used for full -depth placement.
Vibratory members shall extend across the pavement
practically to, but shall not come in contact with
the side forms. Mechanically operated vibrators shall
be operated in such a manner as to not interfere with
the transverse or longitudinal joints.
Separate vibratory units shall be operated at
sufficiently close intervals to provide uniform
vibration and consolidation to the entire width of
the pavement. The frequency in air of the internal
spud type vibratory units shall be not less than
8,000 cycles per minute and not less than 5,000
cycles per minute for tube types and the method of
operation shall be as directed by the Engineer. The
Contractor shall have a satisfactory tachometer
available for checking the vibratory elements.
The pavement vibrators shall not be used to level
spread,.the concrete but shall be used only for
purposes of consolidation. The vibrators will not
operated where the surface of the concrete, as
spread, is below the elevation of the finished
surface of the pavement, except for the first lif
concrete where the double strike off method of
t
or
be
of
placement is employed, and the vibrators shall not
operated for more than 15 seconds while the machine
upon which they are installed is standing still.
be
Approved hand manipulated mechanical vibrators shall
be furnished in the.number required for provision of
proper consolidation of the concrete along forms, at
joints and in areas not covered by mechanically
controlled vibrators. These vibrators shall be
sufficiently rigid to insure control of the operation
position of the vibrating head.
Complete and satisfactory consolidation of the
concrete pavement is a most important requirement of
this specification. Cores taken shall be carefully
examined for voids, honeycombing or other evidence of
V-14
A
r
i
a.
incomplete consolidation. If such evidence is
present, changes in the consolidation procedures
and/or equipment will be made to insure satisfactory
consolidation.
11. Finishing
Machine -Finishing. All concrete pavement shall be
finished mechanically with approved power -driven
machines, except as herein provided. Hand -finishing
will be permitted on the transition from a crowned
section to a superelevated section without crown or
curves, and on straight line superelevation sections
less than 300 feet in length. Hand -finishing will
also be permitted on that portion of a widened
pavement outside the normal pavement width, on
sections where the pavement width is not uniform, or
required monolithic widths are greater than that of
available finishing machines.
Machine -finishing of pavement shall include the use
of power -driven spreaders, power -driven vibrators,
power -driven transverse strike -off, and screed, or
such alternate equipment as may be substituted and
approved by the Engineer.
All concrete shall be consolidated by a mechanical
vibrator. As soon as the concrete has been spread
between the forms, the approved mechanical vibrator
shall be operated to consolidate the concrete and
remove all voids. Hand -manipulated vibrators shall be
used for areas not covered by the mechanical
vibratory unit.
The transverse finishing machine shall first be
operated to compact and finish the pavement to the
required section and grade, without surface voids.
The machine shall be operated over each area as many
times and at such intervals as directed. At least two
trips will be required and the last trip over a given
area shall be a continuous run of not lees than 40
feet. After completion of finishing with the
transverse finishing machine a transverse drag float
may be used.
The consistency of the concrete as placed should
allow the completion of all finishing operations
without the addition of water to the surface. When
field conditions are such that additional moisture is
needed for the final concrete surface finishing
operation, the required water shall be applied to the
surface by fog spray only and shall be held to a
minimum.
V-15
After finishing is complete and the concrete still
workable, the surface shall be tested for trueness
with an approved 10-foot steel straightedge. The
straightedge shall be operated from the side of the
pavement, placed parallel to the pavement centerline
and passed across the slab to reveal any high spots
or depression. The straightedge shall be advanced
along the pavement in successive stages of not more
than one-half its length., Practically perfect contact
of the straightedge with the surface will be
required, and the pavement shall be leveled to this
condition, in order to insure conformity with the
surface test required below, after the pavement has
fully hardened. Any correction of the surface
required shall be accomplished by adding concrete if
required and by operating the longitudinal float over
the area. The surface test with the straightedge
shall then be repeated.
For one -lane pavement placement and uniform widening,
the.equipment for machine -finishing of concrete
pavement shall be as directed by the Engineer but
shall not exceed the requirements of these
specifications.
After completion of the straightedge operation, as
soon as construction operations permit, texture shall
be applied with 1/8-inch wide metal tines with clear
spacing between the tines being not less than 1/4
inch nor more than 1/2 inch. If approved by the
Engineer, other equipment and methods may be used,
provided that a surface texture meeting the specified
requirements is obtained. The texture shall be
applied transversely. It is the intent that the
average texture depth resulting from the number of
tests directed by the Engineer be not less than 0.060
inch with a minimum texture depth of 0.050 inch for
any one test when tested in accordance with Test
Method Tex-436-A. Should the texture depth fall below
that intended, the finishing procedures shall be
revised to produce the desired texture.
12. Proportioning of Concrete
Concrete shall be composed of Portland cement, fine
„aggregate, coarse aggregate, mineral filler and/or
admixture if used and water, ;mixed in proportions as
approved by the Engineer in the mix design as
submitted by a commercial laboratory and in the
manner set forth in this specification. On the basis
of job and laboratory investigations of the proposed
materials, the Engineer will fix the proportions by
weight of water, coarse aggregate, fine aggregate,
cement, admixture and mineral filler where required,
V-16
}
r
a
in order to produce concrete of the specified
strength and workability.
13. Concrete Strength
The concrete mix will be designed with the intention
of producing a minimum average flexural strength
(Modulus of rupture) of 600 pounds per square inch
and compressive strength of 3000 psi at 7'days and/or
a 28 day compressive strength of 3,600 pounds per
square inch. The coarse aggregate factor (dry, loose
volume of coarse aggregate per unit volume of
r
concrete) shall not exceed 0.85. Unless otherwise
i
shown on plans the concrete shall contain not less
than six sacks of cement per cubic yard of concrete.
The water -cement ratio (net gallons of water per sack
i
of 94 pound cement) shall not exceed 6.0 gallon/sack.
Concrete specimens shall be prepared, cured and
tested as outlined in THD Bulletin C-11.
14. Workability of Concrete
Concrete shall be uniformly plastic, cohesive and
workable. Workable concrete is defined as concrete
which can be placed without honeycomb and without
r•
voids in the surface of the pavement. Workability
shall be obtained without producing a condition such
that free water appears on the surface of the slab
when being finished as specified. Where water appears
on the surface of the concrete after finishing and
this condition cannot be corrected by reasonable
adjustment in the batch design, the bleeding will be
r
immediately corrected by one of the following
measures or a combination of two or more of the
following listed measures:
a. Redesign of the batch
b. Addition of mineral filler to fine aggregate
c. Increase of cementcontent
!� In the event that the measures taken do not eliminate
the bleeding immediately, concrete placement
operations will be suspended, as directed. by the
Engineer, and will remain suspended, until such time
r, as additional trial mixes demonstrate that a non -
bleeding batch design has been achieved. Failing to
achieve a satisfactory laboratory batch design the
Contractor will be required to use different
materials and to submit samples thereof for
additional trial mixes and pilot beams as specified
in THD Bulletin C-11.
V-17
The mix will be designed with the intention of
producing concrete which will have a slump of 1-1/2
inches when tested in accordance with THD Bulletin C-
11. The slump shall not be less than 1 inch nor more
than 3 inches.
15. Mix Design
Prior to the beginning of the concrete placement, and
thereafter before any.change in source or
characteristics of any of the ingredients except
mineral filler, sufficient compression tests using
various quantities of cement and aggregates proposed
for use shall be supplied the Engineer for
consideration.
Mixes will be designed and made in sufficient number
to represent a wide range of water -cement ratios.
These mixes shall comply with the requirements herein
prescribed for workability. From these preliminary
tests the water -cement ratio required to produce
concrete of the specified strength will be selected
by the Engineer. The Contractor may at any time
present in writing a suggested mix design and the
Engineer will make the tests necessary to determine
its acceptability under these specification
requirements.
For mixing the concrete to be used in making the
preliminary test specimens, the Contractor shall
furnish and operate the mixer approved for use on
this project. A minimum one cubic yard batch shall be
mixed or a batch of sufficient size to afford proper
mixing, whichever is the greater. In lieu of the
above mixer and procedure, the Contractor may furnish
a portable mixer of sufficient rated capacity to mix
a minimum three -sack batch; in which case, the batch
mixed for the preliminary test shall not be less than
the rated capacity of the mixer furnished.
No additional compensation will be allowed for
equipment, materials or labor involved in making
preliminary test specimens.
After the mix proportions and water -cement ratio
required to produce concrete of the specified
strength have been determined, placing of the
;concrete may be started.
Type I cement shall have a specified surface area
within a range of 1,600 to 1,900 square centimeters
per gram. A change in the specifib surface of the
cement of more than 100 square centimeters per gram
may require a new mix design.
V-18
x
16. Subgrade and Forms
Preparation of subgrade.
Rolling and sprinkling shall be performed when and to
the extent directed, and the roadbed shall be
completed to or above the plane of the typical
sections shown on the plans and the lines and grades
established by the Engineer.
Drainage of the roadbed shall be maintained at all
times. Sealed or treated subgrade cut in the
preparation of the subgrade or setting of pavement
forms shall be resealed or the subgrade restored to
the original conditions as directed by the Engineer.
See Section V-2.
The subgrade shall be maintained in a smooth,
compacted condition in conformity with the required
section and established grade 'until the pavement is
placed and shall be kept thoroughly wetted down
sufficiently in advance of placing any pavement to
insure its being in a firm and moist condition for at
least 2 inches below the prepared surface. Sufficient
subgrade shall always be prepared in advance to
insure satisfactory prosecution of the work. No
equipment or hauling shall be permitted on the
`
prepared subgrade, except by special permission of
the Engineer, which will be granted only in
exceptional cases and only where suitable protection
in the form of two-ply timber mats or other approved
material is provided:
i
17. Placing and Removing Forms
The subgrade under the forms shall be firm and cut
true to grade so that each form section when placed
will be firmly in contact for its whole length and
base width, and exactly at the established grade.
Forms shall be staked with at least three: pins for
each 10-foot section. A pin shall be placed at each
side of every joint. Form sections shall be tightly
joined and keyed to prevent relative displacement.
Forms shall be cleaned and oiled each time they are
used.
Forms shall be set for a sufficient distance in
advance of the point where concrete is being placed
to permit a finished and approved subgrade length of
not less than 300 feet ahead of the mixing.
Conformity of the grade and alignment of forms shall
be checked immediately prior to placing concrete, and
all necessary corrections made by the Contractor.
r' Where any forms have been disturbed or any subgrade
V-19
becomes unstable, the forms shall be reset and
rechecked. In exceptional cases, the Engineer may
require stakes driven to the grade of the bottom of
the forms. Sufficient stability of the forms to
support the equipment operated thereon and to
withstand its vibration without springing or
settlement shall be required. If forms settle and/or
deflect over 1/8 inch under finishing operations,
paving operations shall be stopped and the forms
shall be reset to line and grade.
Forms shall remain in place for not less than 12
hours after the concrete has been placed. They shall
be carefully removed in such a manner that .little or
no damage will be done to the edge of the pavement.
Any damage resulting from this operation shall be
immediately repaired. After the forms have been
removed,,the ends of all joints shall be cleaned, and
any honeycombed areas pointed up with approved
mortar. Immediately after pointing is completed, the
form trench, if used, shall be filled with earth from
the shoulders in such a manner as to shed water from
rainfall or curing away from the edge of the
pavement. On completion.of the required curing, the
subgrade or shoulders adjacent to the pavement shall
be graded in a condition to maintain drainage.
Allowable grade revisions shall in no way affect the
governing finishing and surface requirements of the
completed pavement.
All grade revisions shall be established by the
Engineer. No additional payment over the contract
unit price will be made for any pavement of a
thickness exceeding that required on the plans as a
result of adjustment of the forms.
I. Concrete Mixing and Placing
1. Mixina
The aggregates, mineral filler if required, cement
and water shall be measured separately, introduced
into the mixer, and mixed for a period of not less
than 50 seconds nor more than 90 seconds, measured
from the time the last aggregate enters the drum to
the time discharge of the concrete begins. The
required water shall be introduced into the mixing
drum during the first 15 seconds of mixing. The
entire contents of the drum shall be discharged
before any materials of the succeeding batch are
introduced.
V-20
r'
The Engineer may increase the minimum mixing time to
*. that necessary to produce thoroughly mixed concrete
based on inspection or appropriate uniformity tests.
The mixing time may be varied at any time necessary
to produce acceptable concrete.
L If Ready -Mix concrete is used, the concrete shall be
discharged into the specified hauling equipment and
.. delivered to the road site. If truck agitators are
used, the concrete shall be continuously agitated at
" not less than one nor more than six rpm as directed
r by the Engineer.
t The initial batch of concrete mixed after each time
the mixer is washed out shall be enriched by
r additional mortar. The additional mortar shall be one
sack of cement and three parts of sand.
2. Placina
Any concrete not placed as herein prescribed within
30 minutes after mixing shall be rejected and
disposed of as directed except as provided otherwise
herein. Except by specific written authorization of
the Engineer, concrete shall not be placed when the
temperature is below 400F, the temperature being
taken in the shade and away from artificial heat.
when such permission is granted, the Contractor shall
..
furnish an approved enclosure, such as canvas -covered
framework, to enclose and protect all pavement so
placed, and shall maintain the temperature of the air
surrounding the concrete at not less than 50°F for
not less than 5 days. When concrete is being placed
in cold weather, other than under the conditions
,.
stated above, the Contractor shall have available a
sufficient supply of an approved covering material to
immediately protect concrete if the air temperature
falls to'32°F, or below, before concrete has been
placed 4'hours. Such protection shall remain in place
during the period the temperature continues below
320F or for a period of not more than 5 days. Neither
salt nor other chemical admixtures shall be added to
the concrete to prevent freezing. The Contractor
shall be responsible for the quality and strength of
r.
concrete under cold weather conditions and any
j
concrete damage by freezing shall be removed and
replaced at his expense. Concrete shall not be placed
before sunrise and shall not be placed later than
will permit the finishing of the pavement during
sufficient natural light.
Concrete shall be placed only on approved subgrade or
sub -base, and unless otherwise indicated on plans,
V-21
the full width of the pavement shall be constructed
monolithically. The concrete shall be deposited on
the subgrade or sub -base in such manner as to require
as little rehandling as possible. Where hand
spreading is necessary, concrete shall be distributed
to the required depth by use of shovels. The use of
rakes will not be permitted. Workmen will not be
permitted to walk in the concrete with any earth or
foreign material on their boots or shoes. The placing
of concrete shall be rapid and continuous.
Concrete shall be distributed to such depth that when
consolidated and finished, the slab thickness
required by plans will be obtained at all points and
the surface shall not, at any point, be below the
established grade. Special care shall be exercised in
placing and spreading concrete against forms and at
all joints to prevent the forming of honeycombs and
voids.
If in the opinion of the Engineer, the temperature,
wind and/or humidity conditions are such that the
quality of the concrete will not be adversely
affected, the specified placing time may be extended
to a maximum of 45 minutes.
3. Reinforcinc Steel
All reinforcing steel, including steel wire fabric
reinforcement, tie bars, and dowel bars shall be
accurately placed and secured in position in
accordance with details shown on plans. Reinforcing
bars shall be securely wired together at alternate
intersections, following a pattern approved by the
Engineer, and at all splices, and shall be securely
wired to each dowel intersected. When wire fabric is
used, it shall be securely wired together at all
splices and to each dowel intersected. Tie bars shall
be installed in the required position by the method
and device shown on plans or by approved method and
device equivalent thereto.
Tightly adhered scale or rust which resists removal
by vigorous wire brushing need not be removed except
that excessive loss of section to the reinforcement
due to rust shall be cause for rejection. Excessive
loss of section shall be defined as loss of section
to the extent that the reinforcement will no longer
meet the physical requirements for the size and grade
of steel specified.
Where plans require an assembly of parts at pavement
joints, the assembly shall be completed, placed at
required location and elevation, and all parts
V-22
r
rigidly secured in required position by the method
and devices,shown on plans. Dowel bars shall'be
accurately installed in joint assemblies in.
accordance with plans, each parallel to the pavement
surface and to the center line of`the pavement, and
r' shall be rigidly secured in required position by such
means (as shown on plans) that will prevent their
displacement during placing and finishing of the
,.» concrete.
4. Joints
When the placing of concrete is stopped, a bulkhead
of sufficient cross sectional area to prevent
deflection, accurately notched to receive the load
transmission devices or dowels if required, and
shaped accurately to the cross section of the
pavement shalt be'provided and installed as a back-up
for the joint filler and rigidly secured in required
position to permitaccurate finishing of the concrete
up to the joint. After concrete has been finished to
the joint, formation of the joint seal space and
finishing of the joint shall be executed. The back-up
bulkhead shall remain in place until immediately
prior to the time when concrete placing is resumed,
when it shall be carefully removed in such manner
that no element of the joint assembly will be
disturbed. The exposed portion of the joint assembly
shall be free of adherent concrete, dirt or other
material at the time placing of concrete is resumed.
If necessary for proper installation of joint sealer,
r
excessive spalling of the joint groove shall be
repaired to the satisfaction of the Engineer in the
manner which he prescribes.
PM
Careful workmanship shall be exercised in the
construction of all joints to insure that the
concrete sections are completely separated by an open
joint or by the joint materials and to insure that
the joints will be true to the outline indicated.
5. Weakened Plane Joints
Weakened plane joints shall consist of transverse
contraction joints and longitudinal joints and shall
be sawed as specified on the plans or as directed by
the Engineer. When the joints are sawed, the saw
shall be power driven, shall be manufactured
E
especially for the purpose of sawing concrete, and
shall be capable of performing the work. Saw blades
shall be designed to make a clean smooth cut having a
,•
width and depth of cut as detailed on the plans.
Tracks adequately anchored, chalk, string line or
V-23
other approved methods shall be used to provide true
alignment of the joints. The concrete saw shall be
maintained in good operating condition and the
Contractor shall keep a stand-by power saw on the
project at all times when concrete operations are
under way.
If membraneIcuring is used, the portion of the seal
which has been disturbed by sawing operations shall
be restored by the Contractor by spraying the area
with additional curing seal.
6. Contraction Joints
Transverse contraction joints shall be formed or
sawed joints perpendicular to the centerline and
surface of the pavement. Where sawed joints are used,
contraction joints at approximately 10 to 15-foot
intervals shall be sawed as soon as sawing can be
accomplished without damage to the pavement and
before 12 hours after the concrete has been placed,
the exact time to be approved by the Engineer. The
remaining contraction joints shall be sawed in a
uniform pattern as directed by the Engineer, and they
shall be completed before uncontrolled cracking of
the pavement 'takes place. All joints shall be
completed before permitting traffic to use the
pavement.
7. Longitudinal Joints
Longitudinal joints shall be sawed.within two days
after construction of the pavement. Sawing shall not
cause damage to the pavement and the grooves shall be
cut with a minimum of spalling. No traffic (including
construction traffic) shall be permitted on the
pavement until the longitudinal joint is cut.
S. Joint Sealers
After the joints in the hardened concrete have been
repaired (if necessary) and cleaned to the
satisfaction of the Engineer, the joints will be
filled with the W.R. Meadows SOF-SEAL. After the
sealant is installed it will effectively seal,the
joints against water, dirt and stones throughout
repeated cycles of expansion and contraction.
9. Asphalt Board
Premolded materials, wherever.used, shall be anchored
to the concrete on one side of the joint by means of
,copper wire or nails not lighter than No. 12 B&S
gage. Such anchorage shall be sufficient to overcome
V-24
10.
the tendency of the material to fall out of the
joint.
Spreading and Finishing
All concrete pavement shall be consolidated by a
mechanical vibrator. As soon as the concrete has been
spread between the forms, the approved mechanical
vibrator shall be operated to consolidate the
concrete and remove all voids. Hand manipulated
vibrators shall be used for areas not covered by the
mechanical vibratory unit.
After finishing is completed and the concrete still
workable, the surface shall be tested for trueness
with an approved 10-foot steel straightedge. The
straightedge shall be operated from the side of the
pavement, placed parallel to the pavement centering
and passed across the slab to reveal any high spots
or depressions. The straightedge shall be advanced
along the pavement in successive stages of not more
than one-half its length. Practically perfect contact
of the straightedge with the surface will be
required, and the pavement shall be leveled to this
condition, in order to insure conformity with the
surface test required after the pavement has fully
hardened. Any correction of the surface required
shall be accomplished by adding concrete if required
and by operating the longitudinal float over the
area. The surface test with the straightedge shall
then be repeated. Extra water will not be added for
finishing.
After completion of the straightedge operation, the
first pass of the burlap drag shall be made as soon
as construction operations permit and before the
water sheen has disappeared from the surface. This
shall be followed by as many passes as required to
produce the desired texture depth. There shall be no
unnecessary delays between passes. The drag shall be
wet during use and maintained clean and free from
encrusted mortar. It is the intent that the average
texture depth resulting from the number of tests
directed by the Engineer be not less than 0.025
inches with a minimum texture depth of 0.020 inches
for any test. Should the texture depth fall below
that intended, the finishing procedures shall be
revised to produce the desired texture.
The Contractor shall have available at all times hand
brooms with stiff bristles for the purpose of
providing textures when the pavement surface is in
such a condition that the burlap drag or other
V-25
methods being employed will not provide the desired
texture.
After completion of dragging and about the time the
concrete becomes hard; the edge of the slab and
joints shall be carefully finished as directed by the
Engineer, and the pavement shall be left smooth and
true to line.
11. Protection of Pavement and Opening to Traffic
The Contractor shall erect and maintain the
barricades required by plans and such other standard
and approved devices as will exclude public traffic
and traffic of his employees and agents from the
newly placed pavement for the periods of time and at
locations hereinafter prescribed by the Engineer.
Portions of the roadway, or crossings of the roadbed
required to be maintained open for use by traffic,
shall not be obstructed by the above required
barricades.
The pavement shall be closed to all traffic,
including vehicles of the Contractor, until the
concrete is at least 7 days old. This period of
closure to all traffic may be extended if, in the
opinion of the Engineer, weather or other conditions
make it advisable to provide an extension of the time
of protection.
At the end of the 7 day period and as long thereafter
as ordered by the Engineer, and if so desired by the
Contractor, the pavement may be opened for use by
vehicles of the Contractor provided the gross weight
(vehicle plus load) of such vehicles does not exceed
14,000 pounds.;Such opening, however shall in no
manner relieve the Contractor from his
responsibilities for the work. On those sections of
the pavement thus opened to traffic, all joints shall
first be sealed, the pavement cleaned and earth
placed against the pavement edges before permitting
vehicles thereon.
After the concrete in any section is 14 days old, or
as long thereafter as ordered by the Engineer, such
section of pavement may be opened to all traffic as
required by plans or when so directed by the
Engineer. On those sections of the pavement thus
opened to traffic, all joints shall first be sealed,
the pavement cleaned, earth placed against the
pavement edges and all other work performed as
required for the safety of traffic.
r-�
r'
When High Early Strength Concrete, resulting from the
use of'Type 'III cement as required by plans or
special provisions, is used, the pavement may be
opened to all traffic after the concrete is 7 days
old, or as long thereafter as ordered by the
Engineer, subject to the same provisions governing
the opening after 14 days as above prescribed.
•- Where the Contractor desires to move any equipment
not licensed for operating on public streets, on or
across any pavement opened to traffic, he shall
protect the pavement from all damage by means of two-
ply timber mats of 2 inch stock or runways of heavier
material laid on a layer of earth, all as approved by
the Engineer.
The Engineer may require the opening of pavement to
traffic prior to the minimum time specified above
under conditions of emergency which in his opinion
require such action in the interest of the public. In
no case shall the Engineer order opening of the
pavement to traffic within less than 72 hours after
the last concrete in the section is placed. The
Contractor shall remove all obstructing materials,
place earth against the pavement edges and perform
other work involved in providing for the safety of
traffic as required by the Engineer in ordering
emergency opening. Orders for emergency opening of
the pavement to traffic will be issued by the
Engineer in writing.
2. EARTH WORK
A.
Description
Sub -grade preparation shall include the removal, haul
and disposal of all obstructions, including existing
curbs, gutters, paving materials, base materials,
concrete slabs and other obstructions shown on the
plans or as designated by the Engineer and all
scarifying, pulverizing, wetting, disking, blading
and rolling with compactors to a depth of: at least 6"
on residential streets and to a depth of 12" on major
thoroughfares and collector streets. Compactors will
be used from the bottom to the finished sub -grade
elevation to compact the subgrade to 95% Standard
Proctor Density (A.S.T.M. D-698) in conformity to the
line, grade and sections as shown on the plans or as
established by the Engineer.
V-27
After the obstructions have been removed, or in
conjunction with such removal, the street bed and/or
alley return foundation and/or sidewalk foundation
shall be excavated and shaped in conformity with the
typical section and to the line and grades as shown
on the plans or as established by the Engineer.
All unstable or otherwise objectionable material
shall be removed from the subgrade and replaced with
approved material. The excavation shall be done in
such a manner as to require a minimum of fill to
bring the subgrade to the correct elevation. When the
subgrade is too low as initially excavated, the
Contractor shall place additional soil.or caliche in
layers not exceeding four (411) inches and compact
each layer by moistening and rolling.
1. Scraper Work
The utilization of a scraper for excavation and
shaping of subgrade and base is permitted with
exceptions which are determined by depths of utility
lines. Unless otherwise specified by the Engineer,
the scraper shall not exceed 23 cubic yards capacity
as rated loaded flush by the manufacturer.
2. Compaction
Subgrade shall be compacted to 95% Standard Proctor
Density (A.S.T.M. D-698) for all improvements except
thoroughfare and collector street paving. Subgrade
shall be compacted to 100% Standard Proctor Density
for thoroughfare and collector street paving.
Density tests (A.S.T.M. D-2922) will be performed and
test rolling will be observed by City inspectors.
Swelling subgrade (soils with plasticity index of 20
or more) shall be sprinkled as required to provide
not less than optimum moisture during compaction.
other subgrade soils will be compacted at a moisture
content of plus or minus 2% of 2% below optimum
moisture or other moisture content directed by the
Engineer.
Test rolling will be accomplished with a 25 ton
pneumatic tire roller or other pneumatic tire roller
approved by the Engineer. The Engineer may require
up to six passes of the roller in determining the
condition of the subgrade.
Any -soft or unstable areas found by test rolling will
be corrected by removing the soft or unstable
material and replacing it with suitable compacted to
V-28
f
specified density. The areas so corrected shall be
r test rolled as specified above.
3. Intersection
*" Special care shall be exercised in grading street
intersections where dips are located so that the
cross profiles present a smooth riding surface and so
�. that the compacted base thickness will not be less
than six (611) or nine (911). Crown section shall begin
to decrease 60 feet back of end of radius for
residential streets. Wider street dips will be blue
topped as shown on the detail sheet.
4. Prosecution of the Work
The Contractor may proceed with subgrade preparation
on any schedule he may select except that, unless
hindered by factors beyond his control, not more than
seven (7) calendar days shall elapse between the time
subgrade preparation is begun and the spreading and
compacting of the base has started. Measures shall be
taken by the contractor not to leave driveways
impassable during the night hours.
5. Excess Materials
Materials excavated in excess of that needed in fill
and backfill behind curb shall be wasted by the
Contractor. Care shall be taken by the Contractor to
use only topsoil in the backfill behind the curbs.
The Contractor may dispose of the surplus excavated
material in any manner not objectionable to the
public, and it is his responsibility to locate a
suitable site for dumping the waste excavation. In
any event, the Contractor shall not dispose of the
surplus materials in any of the lake areas either
outside or within the city limits. Location of
disposal sites near any lake area must be approved by
the Engineer.
6. Subgrade for Alley Paving
The preparation of the subgrade for concrete alley
` paving shall be done in the same manner as other
subgrade excavation which requires scarifying,
€ wetting, disking, blading, rolling, and compacting.
The Contractor will be required to excavate around
existing improvements such as gas meter, water
meters, poles, etc. Each of these obstructions shall
be the responsibility of the Contractor. Trees that
conflict with the improvements shall be removed by
the Contractor upon approval of the Engineer.
r
V-29
The Contractor shall shape to subgradeto the cross-
section shown on the plans and to the lines and
grades established by the Engineer. After the forms
are set and before the reinforcing is placed, the
Contractor shall finally shape the subgrade so that
therewill be a minimum thickness of concrete of five
(511) inches at the centerline and seven and one-half
inches (7-1/211) at the outside edges. All areas where
fill material is required shall be compacted. The
subgrade shall be wetted and rolled to secure 90%
Proctor Density in the upper six (611) making a firm
foundation for the alley paving.
The Contractor will be required to shape the portion
of the alley outside of the limits of the concrete
slab so that all drainage in the alley will be to the
invert of the concrete slab. Excess excavated
materials shall be hauled to any approved location.
B. Embankment
Description
Prior to placing any embankment, all "Preparing
Right -Of -Way" and/or "Clearing and Grubbing"
operations shall have been completed on the
excavation sources and areas over which the
embankment is to be placed. Stump holes or other
small excavations in the limits of the embankment
shall be backfilled with suitable material and
thoroughly tamped by approved methods before
commencing embankment construction. The surface of
the ground, including plowed loosened ground, or
surface roughened by small washes or otherwise, shall
be restored to approximately its original slope by
blading or other methods and where indicated on plans
or required by the Engineer, the ground surface thus
prepared shall be compacted by sprinkling and
rolling.
Where embankments are to be placed adjacent to or
over existing roadbeds, the roadbeds slopes shall be
plowed or scarified to a depth of not less than six
(611) inches and the embankment built up in,successive
layers, as hereinafter specified, to the level of the
old roadbed before its height is increased. Then, if
directed, the top of the roadbed shall be scarified
and recompacted with the next layer of the new
embankment. The total depth of the scarified and
added material shall not exceed the permissible depth
of layer.
Trees, stumps, roots, vegetation, or other unsuitable
materials shall not be placed in embankment.
V-30
1
Except as otherwise required by the plans, all
embankment shall be constructed in layers
approximately parallel to the finished grade of the
roadbed and unless'otherwise specified each layer
shall be so constructed as to provide a uniform slope
of 1/4" inch per foot from the center line of the
roadbed to the outside.
�^ Embankments shall be constructed to the grade
established by the Engineer and completed embankments
shall correspond to the general shape of the typical
sections shown on the plans and each section of the
embankment shall correspond to the detailed section
or slopes established by the Engineer. After
completion of the roadway, it shall be continuously
r" maintained to its finished section and grade until
the project is accepted.
r' Except as otherwise specified, earth embankments
shall be constructed in successive layers for the
full width of the individual roadway cross section
and in such lengths as are best suited to the
sprinkling and compaction methods utilized.
Layers of embankment may be formed by utilizing
equipment which will spread the material as it is
dumped, or they may be formed by being spread by
blading or other acceptable methods from piles or
windrows dumped from excavating,or hauling equipment
in such amounts that material is evenly distributed.
Minor quantities of rock encountered in constructing
earth embankment shall be incorporated in the
specified embankment layers, or may be placed in
accordance with the requirements for the construction
of rock embankments in the deeper fills within the
limits of haul shown on the plans, provided such
placement of rock is not immediately adjacent to
structures. Also, rock may be placed in the portions
of embankments outside the limits of the completed
roadbed width where the size of the rock prohibits
their incorporation in the normal embankment layers.
Each layer of embankment shall be uniform as to
material, density and moisture content before
.• beginning compaction. Where layers of unlike
materials abut each other, each layer shall be
featheredged for at least 100 feet or the material
p shall be so mixed as to prevent abrupt changes in the
soil. No material placed in the embankment by dumping
in a pile or windrow shall be incorporated in a layer
in that position, but all such piles or windrows
*^ shall be moved by blading or similar methods. Clods
1 or lumps of material shall be broken and the
V-31
embankment material mixed by blading, disking, or
similar methods to the.end that a uniform material or
uniform density is secured in each layer. Water
required'for'sprinkling to bring the material to the
moisture content necessary for maximum compaction
shall be evenly applied and it shall be the
responsibility of the Contractor to secure a uniform
moisture content throughout the layer by such methods
as may be necessary. In order to facilitate uniform
wetting of the embankment material, the Contractor
shall water at the material source if the sequence
and methods used are such as not to cause an undue
waste of water. Such procedure shall be subject to
the approval of the Engineer.
1: Compaction
The compaction method shall require that each layer
shall.be compacted to the required density.by any
method,,type, and size of equipment which will give
the required compaction. The depth of layers, prior
to compaction, shall depend upon the type of
sprinkling and compaction equipment used. Prior to
and in conjunction with the rolling operation, each
layer shall be brought to the moisture content
necessary to obtain the required density and shall be
kept leveled with suitable equipment to insure
uniform compaction over the entire layer.
For each 'layer of earth embankment and select
material, it is the intent of this specification to
provide the density as.required herein, unless
otherwise shown on the plans. The required compaction
shall be 95% Standard Proctor Density A.S.T.M. D-698.
After each section of earth embankment or select
material'is complete, tests as necessary will be made
by the Engineer. If the material fails to meet the
density specified, the course shall be,reworked as
necessary to obtain the specified compaction, and the
,compaction method may be; altered on subsequent work
to obtain 'specified density. Such procedure shall be
determined by, and subject to, the approval of the
Engineer.
At any time, the Engineer may order proof rolling to
test the uniformity of compaction of the embankment
subgrade. All irregularities, depressions, weak or
soft areas which.develop shall be corrected„
immediately by the Contractor.
Should the subgrade, due to any reason or cause, lose
"required stability, density, or finish before the
pavement structure is placed, it'shall be recompacted
V-32-
i
t_
and refinished at the sole expense of the Contractor.
r.. Excessive loss of moisture in the subgrade shall be
prevented by sprinkling, sealing, or covering with a
` subsequent layer of granular material. Excessive loss
of moisture shall be construed to exist when the
.. subgrade soil moisture content is more than 4 percent
below the optimum for compaction to Standard Proctor
Density. (Also see Section V, Item 2 [A] Compaction.)
At Culverts
Embankments adjacent to culverts which 'cannot be
compacted by use of the blading and rolling equipment
used in compacting the adjoining sections of
embankment shall be compacted in the manner
prescribed below.
The following requirements shall apply to the
backfilling of pipe culverts in addition to the
pertinent portions of the general requirements given
in the preceding section.
77 After the bedding has been prepared and the pipe
installed as required by the pertinent
specifications, selected materials from excavation or
J borrow shall be placed along both sides of the pipe
1 equally, in uniform layers not to exceed six (611)
inches in depth (loose measurement), wetted and
thoroughly compacted so that on each side: of the pipe
there shall be a berm of thoroughly compacted
materials at least as wide as the external diameter
of the pipe, except insofar as undisturbed material
obtrudes into this area. The method and degree of
9 compaction shall be same as specified above.
7
Filling and/or backfilling shall be continued in this
manner to the elevation of the top of the pipe.
Special care shall be taken to secure thorough
compaction of the material placed under the haunches
of the pipe. All fill or backfill below the top of
the pipe shall be compacted mechanically in the same
manner and to the density prescribed above,
regardless of whether or not such material is placed
within the limits of the embankment or roadbed. In
the case of embankments, the remainder of the fill
above the top of pipe shall be placed in accordance
with the provisions for placing roadway embankment as
prescribed in the pertinent specification included in
the contract. No construction traffic will be
permitted to cross any pipe culvert until the minimum
depth of fill above the pipe as determined by the
Engineer has been placed and consolidated.
PO
G
V-33
3. BASE COURSE
The base course shall consist of a minimum of six
( 6 11 ) or nine (9 11 ) inches of compacted approved
caliche, black base or combination of caliche and
black base material shaped in accordance with the
typical cross -sections provided in the plans and to
the grades established by the Engineer.
A. Hauling and Placing
Approved base material shall be hauled in vehicles of
uniform capacity to the site and dumped evenly so
that an adequate quantity of.material will be placed
to provide a minimum ofsix(611) inches of compacted
base material on all units except major thoroughfares
streets. On these streets the Contractor will
construct nine (911) inches of compacted base
material.
B. Processing
Processing of caliche base shall be accomplished in
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 (311) inches and thoroughly moistened
and rolled again. Succeeding layers shall then be
placed similarly until the caliche base course is
completed.
Caliche base shall be compacted to 95% Standard
Proctor Density (A.S.T.M. D-698) for all improvements
except thoroughfare street paving shall be compacted
to 100% Standard Proctor Density.
Density tests (A.S.T.M. D-2922) will be performed and
test rolling for base will be observed by City
inspectors.
Caliche base shall be compacted at a moisture content
of plus or minus 2% of 2% below optimum moisture or
other moisture content directed by the Engineer.
The finished caliche base shall be test rolled with a
25 ton pneumatic tire or other approved roller. The
Engineer may require up to six passes of the roller
in determining the condition of the base.
All nine (911) .inch compacted caliche base shall be
accomplished in three (311) inch lifts. The caliche
course shall then be sprinkled as required and rolled
V-34
with compactors as directed until a uniform
r compaction of specified "Standard Proctor Density" is
secured. Throughout this entire operation, the shape
of the course shall be maintained by bl'ading; and the
surface upon completion shall be smooth and in
r conformity with the typical sections shown on plans
and to the established lines and grade.
Traffic may be allowed to travel on the caliche base,
as directed by the Engineer, during construction.
During this period, the caliche base shall be
satisfactorily maintained by the use of water trucks,
blades, drags and such other equipment as may be
required. The base course shall be so maintained
until the wearing surface is placed thereon. The
surface shall not be placed on base course that
exceeds optimum mixture by two percent (2%).
�- Processing of asphaltic base shall be as directed by
j the Engineer and similar to that described under Hot
Mix Asphaltic concrete surface. Lift thickness will
be indicated by the Engineer or as shown on the
paving plans: Electronic screed controls will be
required for placing black base on grade. The density
required will be determined by the Engineer after
material to be used has been approved. All areas and
"nests" of segregated coarse or fine material shall
be corrected or removed and replaced with. well graded
material as directed by the Engineer.
Each layer of black base may be test rolled, as
directed by the Engineer, with a 25 ton pneumatic
tire or other approved roller requiring up to six
passes beforesucceeding layers are placed. A delay
in construction of a black base mat or surface will
require test rolling and approval prior to
construction of the next layer.
C. Finishing
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.
1. Failed Density or Weak spots in Base
The finished caliche base shall be checked for
density requirements and by test rolling. Materials
!" that fails the density requirement shall be reworked
as necessary until passing. The full depth of
V-35
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,recompacting by
sprinkling and rolling. If the Contractor chooses,
he may repair the weak spot by removing the material
involved and replacing it with type "C" hot mix or
asphalt stabilized base. In this case, the surface
may be applied as soon as the hot mix patch has been
compacted and cooled to ambient temperature.
2. Allowable Deviation in Finish
three -eights (3/8) inch from the established grade or
true cross section shall be corrected as provided
above for defects. Longitudinally a'straightedge 10
feet long shall be used to detect any deviation which
shall be corrected as defects.
4. HOT MIX ASPHALTIC CONCRETE SURFACE
A. Description
,This item shall consist of 1-1/2" compacted C.O.L.
Type "C" or Type I'D" hot mix asphaltic concrete
surface, using approved crushed stone aggregate,
constructed over a compacted base. The base shall be
primed and a tack coat applied as required.
1. 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.
V-36
r•.
i
r
Density Specifications
Based on Maximum Theoretical Density
Minimum = 92.5%
Optimum 96.0%;
Maximum = 97.5%
If the mixture produced does not have the specified
qualities, it shall be adjusted until it does. The
pavement shall be constructed on the previously
completed and approved subgrade, base, existing
pavement, bituminous surface or in the case of a
bridge, on the prepared floor slab, as herein
specified and in accordance with the details shown on
the plans.
2. Temperature Requirements
A. November 1 until April 1
1. The asphaltic mixture shall not be placed when the
air temperature is below 55 degrees F and falling.
2. The asphaltic mixture may be placed when the air
temperature is above 50 degrees F and rising.
B. April 1 till November 1
1. The asphaltic mixture shall not be placed when the
air temperature is below 50 degrees F'and falling.
2. The asphaltic mixture may be placed when the air
temperature is above 45 degrees F and rising.
The air temperature shall be taken in theshade away
from artificial heat or as reported by the National
Weather Service on their hourly report (Telephone No.
762-0141).
The Engineer may use his discretion to require a
cover over the asphaltic mixture when being hauled
from the plant to the job site.
If the temperature of a load of asphaltic concrete
measured while passing through the lay -down machine
is 25 degrees F less than the mixing temperature, the
load may be rejected by the Engineer and payment will
not be made for the rejected material.
3. Preparation of Base and Areas Bordering
The compacted base upon which the hot mix asphaltic
concrete surface is to be placed shall be prepared
V-37
and cleaned, as required by the Engineer, before the
prime coat is applied.
4. Prime Coat
The prime coat shall consist of an application of .25
gallons per square yard of MC asphalt.
5. • Tack Coat
Before the asphaltic mixture is laid, the surface
upon which the tack coat is to be placed shall be
cleaned thoroughly to the satisfaction of the
engineer. The surface shall be given a uniform
application of tack coat using asphaltic materials of
this specification. This tack coat shall be applied,
as directed by the engineer, with approved sprayer.
Where the mixture will adhere to the surface on which
it is to be placed without the use of a tack coat,
the tack coat may be eliminated by the Engineer. All
contact surfaces of curbs and structures and all
joints shall be painted with a thin uniform coat of
the asphaltic material meeting the requirements for
tack coat. The tack coat shall be rolled with a
pneumatic tire roller as directed by the Engineer.
6. Transporting Asphaltic Concrete
The asphaltic mixture, prepared as specified above
shall be hauled to the work site in tight vehicles
previously cleaned of all foreign material. The
dispatching of the vehicles shall be arranged so that
all material delivered may be placed, and all rolling
shall be completed during day -light hours. The inside
of the truck body may be given a light coat of oil,
lime slurry or other material satisfactory to the
Engineer, if necessary, to prevent mixture from
adhering to the body. In cool weather or for long
hauls, canvas covers and insulating of truck bodies
may be required. Vehicles of the semi -trailer type
are prohibited.
7. Placinct
Generally the asphaltic mixture shall be dumped and
spread on the approved prepared surface with the
specified spreading and finishing machine in such
manner that when properly compacted the finished
pavement will be smooth, of uniform density and will
meet the requirements of the typical cross sections
and the surface tests. During the application of
asphaltic material, care shall be taken to prevent
splattering of adjacent pavement, curb and gutter,
and structures.
V-38
i
/ON
1
f
The surface course shall be laid in a compacted layer
r..
with a minimum compacted thickness of one and one-
half inches (1-1/211).
A level up course, 1/2" or more in thickness, shall
r
require the use of black base or a coarse grade of
u..
hot mix approved by the Engineer. It shall be spread
and compacted to lines and grades as established by
.
the Engineer.
When the asphaltic mixture is placed in a narrow
strip along the edge of an existing pavement, or used
to level up small areas of an existing pavement or
{
placed in small irregular areas where the use of a
finishing machine is not practical, the finishing
r
machine may be eliminated when authorized by the
Engineer, provided a satisfactory surface can be
obtained by other approved methods.
r
Adjacent to flush curbs, gutters, liners and
structures, the surface shall be finished uniformly
high so that when compacted it will be slightly above
r'
the edge of the curb and flush structure.
All joints shall present the same texture density,
and smoothness as other sections of the course. The
1
joints between old and new pavements or between
successive days work shall be carefully made to
insure a continuous bond between old and new sections
of the course.
The transverse edges of old pavement and, if required
'"'
by the Engineer, the successive days pavement shall
,.
be sawed with an approved concrete saw to expose an
even vertical surface for the full thickness of the
course. All contact surfaces of previously
constructed pavement shall be painted with a thin
uniform coat of hot bituminous material before the
fresh mixture is placed.
8. Compacting
7 As directed by the Engineer, the pavement shall be
f compacted thoroughly and uniformly to the required
density.The specified rollers shall be used, except
�,. as provided in paragraph (3) below.
Rolling with the three wheel and tandem rollers shall
start longitudinally at the sides and proceed toward
the center of the pavement, overlapping on successive
trips by at least half the width of the rear wheels
unless otherwise directed by the Engineer. Alternate
C' trips of the roller shall be slightly different in
length. On super -elevated curves, rolling shall
70
k
V-39
begin at the low side and progress toward the high
side unless otherwise directed by the Engineer.
Rolling with pneumatic roller shall be done as
directed by the Engineer. Rolling shall be continued
until required compaction is obtained and all roller
marks are eliminated. One tandem roller, two
pneumatic rollers and at least one three wheel
roller, as specified above, shall be provided for
each job. Additional rollers shall be provided if
needed. The motion of the roller shall be slow enough
at all times to avoid displacement of the mixture. If
any displacement occurs, it shall be corrected at
once by the use of rakes and of fresh mixture where
required. The roller shall not be allowed to stand on
pavement which has not been fully compacted. To
prevent adhesion of the surface to the roller, the
wheels,shall be kept thoroughly moistened with water,
but an excess of water will not be permitted. All
rollers must be in good mechanical condition.
Necessary precautions shall be taken to prevent the
droppings of gasoline, oil, grease or other foreign
matter on the pavement, either when the rollers are
in operation or when standing.
When indicated on the plans or permitted by the
Engineer in writing, the pavement may be compacted to
the required density by the use of compacting
equipment other than that specified herein.
Hand tamping. The edges of the pavement along curbs,
headers and similar structures, and all places not
accessible to the roller, or in such positions as
will not allow thorough compaction with the roller,
shall be thoroughly compacted with lightly oiled
tamps.
Rolling with the trench type roller,will be required
on widening areas in trenches and other limited areas
where satisfactory compaction cannot be obtained with
the three wheel and tandem rollers.
9. Surface Tests
The surface of the pavement, after compaction , shall
be smooth and true to the established line, grade and
cross section, and when tested with a 10 foot
straight edge placed parallel to the centerline of
the roadway or tested by other equivalent and
acceptable means, except as provided herein, the
maximum deviation shall not exceed 1/8 inch in 10
feet, and any point in the surface not meeting this
requirement shall be corrected as directed by the
Engineer. When placed on existing surfaces, the 1/8
V-40
inch deviation in 10 feet requirement may be waived
by the Engineer.
10. -Surface Density Test
See Section IV, Item 10-D. Laboratory Control.
11. Equipment
spreading and Finishing Machine. The spreading and
finishing machine shall be of a type approved by the
Engineer, shall be capable of producing a surface
that will meet the requirements of the typical cross
section and the surface test, when required, and
shall have adequate power to propel the delivery
vehicle in a satisfactory manner when the mixture is
dumped into the finishing machine. The finishing
machine shall be equipped with a flexible spring
and/or hydraulic type hitch sufficient in design and
capacity to maintain contact between the rear wheels
of the hauling equipment and the pusher rollers of
the finishing machine while the mixture is being
unloaded. The finishing machine shall be operated in
a low gear, or as directed 'by the Engineer, at a
speed to produce a surface that will meet the
requirements of the typical cross section and surface
test.
Any vehicle which the finishing machine cannot push
or propel in such a manner as to obtain the desired
lines and grade without resorting to hand finishing
will not be allowed to dump directly into the
finishing machine. Vehicles dumping into the
finishing machine shall be mechanically and/or
automatically operated in such a manner that
overloading the finishing machine being used cannot
occur and the required lines and grade will be
obtained without resorting to hand finishing.
Dumping of the asphaltic mixture in a windrow and
is
then placing the mixture in the finishing machine
with loading equipment will be approved by the
r'
Engineer, provided that the loading equipment is
constructed and operated in such a manner that
substantially all of the mixture deposited on the
r..
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
b
surface without resorting to hand finishing. Any
operation of the loading equipment resulting in the
accumulation and subsequent shedding of this
x�
V-41
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 tiredwheels; shall have a
blade length of not less than'12 feet; shall have a
wheel base of not less than 16 feet ; and shall be
tight and in good operating condition and approved by
the Engineer.
Pneumatic Tire Rollers. The pneumatic tire roller
"shall be an acceptable self-propelled roller mounted
on pneumatic tired wheels, with the weight capable of
being varied uniformly from 275 to 550 pounds per
`inch width of tire tread, so constructed as to be
capable of being operated in both a forward and a
reverse direction and shall have suitable provision
for moistening the surface of the tires while
operating. All tires of the same roller shall be
smooth tread of equal size and diameter and shall be
arranged in such a manner that the gap between the
tires of one axle will be covered by the tires of the
other.
The tire pressure of each tire shall be adjusted as
directed by the Engineer and this pressure shall not
vary by more than 5 pounds per square inch.
Two Axle Tandem Roller. This roller shall be an
acceptable power driven tandem roller weighing not
less than 8 tons.
Three Wheel Roller. This roller shall be an
.acceptable power driven three wheel roller weighing
not less than 10 tons.
Trench Roller. This roller shall be an acceptable -
power driven trench roller equipped with sprinkler
for keeping the wheels wet and adjustable road wheel
so that the roller may be kept level during rolling.
The drive shall be not less than 20 inches wide. The
roller under working conditions shall produce 325
pounds per linear inch of roller width and be so
geared that a speed of 1.8 miles per hour is obtained
in low gear.
V-42
i
Straightedges and Templates. When directed by the
Engineer, the Contractor shall provide acceptable to
^,
foot straightedges for surface testing. Satisfactory
-templates shall be provided by the Contractor as
required by the Engineer.
r
All equipment shall be maintained in good repair and
operating condition and shall be approved by the
.,
0
Engineer.
The Contractor shall furnish such suitable machinery,
equipment, and construction forces as may be
necessary, in the opinion of the Engineer, for the
proper prosecution of the work, and failure to do so
may cause the Engineer to withhold all estimates
C
which have or may become due or the Engineer may
suspend work until his requests are complied with.
�.,
12. Opening to Traffic
The pavement shall be opened to traffic when directed
by the Engineer. All construction traffic allowed on
r
the pavement shall comply with City Ordinance
governing traffic on City Streets.
�..
If the surface ravels, corrugates or shoves, it will
be the contractor's responsibility to correct this
condition at his expense.
5. CLEANUP
Within three days after completion of any Sub -Unit of
paving the Contractor shall clean, remove rubbish and
temporary structures from the street, restore in an
acceptable manner all property, both public and private,
which has been damaged during the prosecution of the
work, and leave the site of the work in a neat and
presentable condition throughout. The cost of the
"cleanup" shall be included as a part of the cost of the
various items of work involved, and no direct
compensation will be made for this work. This work shall
be done before final acceptance of the Sub -Unit will be
considered.
The cleanup shall include the sloping, filling and
shaping of the area between the curb and property line.
This area shall be filled with good top soil. When the
ground behind the curb is higher than the top of the
curb, the Contractor will be required to cut this area
down to provide a smooth, even slope between the property
line and the curb.
Poo
V-43
6. PROTECTION OF EXISTING UTILITIES
A. Adjustment of Valves and Manholes
The City Forces will place valve boxes and manholes
on finished grade after the base has been finished to
grade. The Contractor shall allow the City Forces at
least 3 days to do this work after finishing the base
and before application of asphalt. It shall be the
responsibility of the Contractor to notify the Water
and Sewer Department 48 hours after curb and gutter
has been completed so that the City Forces.can
properly schedule their work. In all,alleys the City
Forces will set the valve boxes and manholes to grade
after the forms are in place. Any variation in this
procedure that causes expense to the City shall have
the approval of the Engineer, and such expense shall
be borne by the Contractor.
B. Installation, Adjustments, and Protection of
Utilities and Traffic Installations
The plans show only approximate locations of
utilities as obtained from the various utility
companies and shall not relieve the Contractor from
familiarizing himself with all underground utilities.
It is not implied that all existing utilities are
shown on the plans. The City of Lubbock does not
assume any responsibility for any utility lines which
are not shown on the plans.
The utility companies will attempt to move all
utilities that can be reasonably removed prior to
beginning of construction; however, this does not
relieve the Contractor from any damage that he might
do to any utility property. In case of any damage,
the Contractor shall immediately notify the utility
company
City Water and Sewer 767-2595
Lubbock Power and Light 767-2554
City Traffic Shop 767-2140
Energas Traffic Shop 741-4200
Southwestern Public Service 7.63-2881
Southwestern Bell Telephone 741-6101
Cox Cable of Lubbock 793-2222
City Traffic Engineering 767-2132
V-44
r
Sequence: The sequence of utility adjustments has
been mutually agreed upon by the utility companies in
r the City of Lubbock and will attempt to follow the
following schedule:
Plans for contract project will be delivered to all
utility companies two weeks prior to opening bids. As
a general rule, these projects will have been staked.
The utility companies will relocate all items
necessary, locate and flag all meters, valves,
manholes, underground cables, etc., prior to the date
the Contractor is to begin construction.
After the subgrade is completed on alley paving
projects, and after the base is completed on all
street paving projects, all manholes, valve boxes ,
etc., will be set to finished grade by the utility
companies. The site shall be left in a clean
condition.
On all projects, including private contracts, the
Contractor shall exercise care not to damage any
sanitary sewer pipe or manholes, storm sewer pipe or
manholes, or telephone cable or manholes, water or
gas lines, valve boxes , meter boxes, nor any other
pipe or utility. If necessary, the Contractor shall
call the department or company concerned and make.
arrangements for adjusting the manhole, valve box,
meter box, or other utility to grade. On all projects
for which he is awarded a contract, the Contractor
will be responsible during the construction period
for any damages to manholes, valve boxes, meter
boxes, and other utilities.
Should any item be damaged during the process of
construction, the Contractor is to notify the
affected utility company and the City inspector. The
utility company will immediately repair the damaged
item. Any bills for damage will be sent through the
Department of Engineering. The Department of
Engineering will process all bills and fix
responsibility for damage and govern the extent of
repair.
Private contracts do not have plans, but utility
companies will be furnished cut sheets and notified
of impending construction by letter. Other items such
as adjustments, damages, etc. will be handled the
same as for bid let projects.
The utility companies will schedule their work with
the Contractor. When utility adjustments commence
before the contract is awarded, it will be the
E
V-45
responsibility of the utility company to barricade
the project.
Unless otherwise agreed upon by the City and the
utility companies involved, the sequence of
installation of underground utilities shall be as
follows:
Utility
Sewer
Electric (Primary)
Electric (Secondary)
Telephone
T.V. Cable
Water
Gas
Traffic Engineering
Sequence
First
Second
Third
Fourth (last if no power
or T.V.)
Fifth
Sixth
Seventh
Eighth
on all projects, including private contracts, the
Contractor shall not place curb and gutter or base
material at points where underground utilities cross
or propose to cross until such utilities have been
adjusted or installed.
7. SALVAGING AND REPLACING BASE
A. Description
"Salvaging and Replacing Base" shall consist of
removing the existing base material where shown on
plans, such temporary storage as is necessary, and the
replacement of this material .on the prepared roadbed
as herein specified and in conformity with the typical
sections shown on plans and to the lines and grades as
established by the engineer.
B. Construction Methods
1. Salvaging Existing Base
The existing base, including any bituminous mat not
shown on plans to be salvaged, shall first be cleaned
of all dirt or other objectionable material by
blading, brooming or other approved methods, then
scarified to the width and depth as may be required to
V-4 6
i
provide the estimated amount of salvaged material per
station as shown on the plans. Subgrade shall be
r
reworked,' if necessary, as directed by the Engineer.
Any bituminous mat encountered shall be broken into
particles not more than two inches in size, and,
incorporated uniformly with the existing base. The
material thus salvaged shall be placed in stockpiles
or windrows until sufficient subgrade has been
prepared to receive the salvaged material; then, if
r
the Contractor so elects, the remaining old base
material as salvaged may be placed directly upon the
prepared subgrade as directed by the Engineer, thus
eliminating the necessity of stockpiling. It shall be
the responsibility of the Contractor that all the
available material shall be salvaged and replaced and
shall be kept reasonably free of soil from the
subgrade or roadbed during the salvaging and replacing
operations. When material is windrowed or stockpiled,
it shall be so placed not to interfere with traffic,
proper drainage or the general progress of the work.
2. Preparation of Subgrade
rPreparation
of subgrade shall be in accordance with
Section V, Item 2 Earth Work of these specifications.
3. Replacement of Salvage Material
The salvage material shall be in accordance with
Section V, Item 2 Earth Work of these specifications.
8. SALVAGING AND STOCKPILING BASE MATERIAL
A. Description
This item shall consist of salvaging base material
from places shown on the plans or as directed by the
{ Engineer and of stockpiling that material where shown
on the plans or directed by the Engineer.
B. Construction Methods
Trash, wood, brush, stumps and other objectionable
material at the storage site shall be removed and
disposed of as directed by the Engineer prior to the
beginning of work required by this item. The base
material, including any asphalt mat, which may not be
shown on the plans, shall be cleaned of all dirt or
other objectionable material. Asphaltic materials
�.-
shall be broken into pieces not more than two inches
in size and incorporated uniformly with the salvaged
base material. Material to be salvaged shall be worked
into stockpiles or windows and loaded by approved
equipment into approved equipment for hauling to the
r'
V-47
stockpile site. It shall be the responsibility of the
Contractor that all the available material shall be
salvaged and kept reasonably free of soil from
subgrade or road bed during the salvaging operations.
The operation shall be conducted in such manner as not
to interfere with traffic, drainage or the general
requirements of the work. After the material is
deposited in the stockpile area, it shall be worked
into a neat compact stockpile.
9. TOLERANCE IN PAVEMENT THICKNESS
The thickness of the pavement shall be determined by
average caliper measurement of cores tested in
accordance with ASTM C-174.
Pavement thickness shall be not less than the specified
minimum thickness.
When the measurement of any core is less than the
specified minimum thickness, the actual thickness of the
pavement in this area shall be determined by taking
additional cores at not less than 10-foot intervals
parallel to the centerline in each direction from the
affected location until each direction from the affected
location until in each direction a core is found which
is not deficient. Areas found deficient in thickness
shall be removed and replaced with pavement of the
minimum thickness specified.
Cores shall be obtained at the discretion of the
Engineer.
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SITE WORK MEASUREMENT AND PAYMENT
GENERAL
The unit price bid on each item, as stated in the proposals, shall include furnishing all labor,'
superintendence, machinery, equipment and materials, except materials specified to be furnished
by the Owner, necessary or incidental to complete the various items of work in accordance with
the plans and specifications. Cost of work or materials shown on the plans or called for in the
specifications and on which no separate payment is made shall be included in the bid prices on the
various pay items.
1. 6" CALICHE BASE
Measurement shall be made of the actual area and shall be paid for at the unit price per square
yard of base. This unit price shall be full compensation for all work, including site clearance and
r. subgrade preparation, all excavation of fill, compacting, blading, wetting and rolling, loading,
hauling and wasting all excess sub -grade material, removing and disposing of all obstructions as
become necessary' and for furnishing and placing caliche base materials and all manipulations,
r- labor, tools, equipment, traffic provisions, barricades and flagmen and other incidentals necessary
to complete the work as herein specified.
2. PAVING (1-1/2" TxDOT TYPE `C' HMAC)
r Measurement shall be made of the actual area and shall be paid for at the unit price per square
L yard of paving. This unit price shall be full compensation for all work, including laying 1-1/2"
Type "C" Hot -Mix, including prime and tack coat, a 1:2 dilute emulsion at the rate of .10 gallon
r- per square yard on the finished asphalt surface, including hauling and delivering to the street,
I„ spreading, blading, mixing; sprinkling, compacting, rolling, hauling and placing all materials and
all manipulations, labor, tools, equipment, traffic provisions, barricades and flagmen and other
incidentals necessary to complete the work as herein specified.
3. 24" CONCRETE CURB AND/OR GUTTER
Measurement will be made along the face of the curb of the actual length of concrete curb and/or
gutter constructed, and will be paid for at the unit price for "concrete curb and/or gutter. This
unit price shall be full compensation for all subgrade preparation under the curb and/or gutter
including all excavation or placement of fill, blading, tamping, wetting, rolling. loading, hauling
and wasting all excess excavated material, removing and disposing of all obstructions noted on the
plans or as become necessary; and for furnishing and placing all materials, including premolded
expansion joint material, reinforcement, and for all manipulations, labor, tools, equipment and
incidentals necessary to complete the work as herein specified.
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�' SW-1
4. CONCRETE ALLEY RETURNS
Measurement will be made of the actual slab areas constructed, with a reduction made for the area
comprised by a 24" wide strip across the opening of the drive which will be measured and paid for
separately as "concrete curb and/or gutter.", The resulting slab area will be paid for at the unit
price bid per square yard. This unit price shall be full compensation for subgrade preparation
including all excavation or fill, blading, wetting and rolling, loading, hauling and wasting all excess
excavated material, removing and disposing of all obstructions noted on the plans or as may
become necessary; and for furnishing and placing all materials, all manipulations, labor, tools,
equipment and incidentals necessary to complete the work, as herein specified.
5. 6" CONCRETE FILLETS AND VALLEY GUTTERS
Measurement will be made of the actual slab areas constructed, with a reduction made for the area
comprised by a 24" wide strip across the opening of the drive which will be measured and paid for
separately as "concrete curb and/or gutter." The resulting slab area will be paid for at the unit
price bid per square yard. This unit price shall be full compensation for subgrade preparation
including all excavation or fill, blading, wetting and rolling, loading, hauling and wasting all excess
excavated material, removing and disposing of all obstructions noted on the plans or as may
become necessary; and for furnishing and placing all materials, all manipulations, labor, tools,
equipment and incidentals necessary to complete the work, as herein specified.
6. 4" CONCRETE DRIVEWAY
Measurement will be made of the actual slab areas constructed, with a reduction made for the area
comprised by a 24" wide strip across the opening of the drive which will be measured and paid for
separately as "concrete curb and/or gutter". The resulting slab area will be paid for at the unit
price bid per square yard. This unit price shall be full compensation for subgrade preparation
including all excavation or fill, blading, wetting and rolling, loading, hauling and wasting all excess
excavated material, removing and disposing of all obstructions noted on the plans or as may
become necessary; and for furnishing and placing all materials, all manipulations, labor, tools,
equipment and incidentals necessary to complete the work, as herein specified.
7. DITCH
Measurement will be made of the actual linear feet of ditch constructed and will be paid for at the
unit price for "Ditch". This unit price shall be full compensation for all work as shown, specified
or directed including all excavation or placement of fill, blading, tamping, wetting, rolling,
loading, hauling and wasting all excess excavated material, removing and disposing of all
obstructions noted on the plans or as become necessary, and for all manipulations, labor, tools,'
equipment and incidentals necessary to complete the work, as herein specified.
SW-2
r
fR
N
T Down curb section.
:1�:0..
24"
9-11/16"
S- 3/4"
4- i/4��1
24.1
NOTE: Contractor may use either of the above sections.
TYPE A
TYP9 8
. IN
TYPE C
U f�
�) a
NOTE : Reinforced gutter section will be constructed with three No. 3 bars running the entire length of
the driveway section and the three horizontal bars will be supported with Chair; as a spocin0
to IN* accurate placement.
TYPICAL CURB AND GUTTER SECTIONS
FILE No.2-A-S7
6X6- 6/6 WIRE MESH
(CENTERED IN SLAB) A
OR FIBER REINFORCEMENT
�1\
�A
a'
SCALE% I"=5'
PLAN
NOTE a 2000 -7 DAY CONCRETE
SHALL BE USED TO
REPLACE BASE REMOVED
6 RESIDENTIAL WIRE REINFORCEMENT
>3" COLLECTOR 8►
(CENTERED IN SLAB)
THOROUGHFARE 3 1/2" IF USED
_2000LB- DAY CONC. 2��
Cps Q• Q•AO �• '� O O• •O. �G .e• O' 'b tJ:d�O.
BASEPACTED
SCALE o I"=2'
SECTION A -A
CONCRETE VALLEY GUTTER DETAIL
2-A-99A
I ,
TYPICAL ALLEY
ALLEY RETURN PLAN VIEW
NOTE: Curb f3 gutter, fillets and slab to be poured together.
it I'
2.5'
Property One
TO BE USED WHEN E
ALLEY WIDTH IS
0
IE
A 2.5'
— 5'-
6" Concrete slob with
6:6 6/6 wire mesh.
Dummy tv&rction jts.
B
6x6 KXAO wire mesh.
Dummy contraction joint
1.1
SECTION A —A
CONCRETE PAVING
.A 1
No scale
PLATE No.7
Scale: 1"s 5'
HEIGHT Of CURD
AT THIS POINT {-
V2" Bituminous prernolde
expansion joint.
5' IO' S'-
2N
N
Na 6 re bar spaced 6" from edge of slab
6x6 10/10 wive mesh. and 1 1/2" from bottom of slob.
NOTE: All Concrete Shown to be 3,000 P.S.I. of 7 Days. ( class I-E )
SECTION B-8
NOTC MNSTRUCTION OF THIS TYPE IS ALLOWED ONLY WHERE THE EXISTING
�3/4 ALLEY RETURN, ALLEY PAVING OR STREET GUTTER 15 IN GOOD
R CONDITION AND GRADE AND ALMNwENT ARE SATISFACTORY.
Ouwlr GROOVE !DINT Z~ eNt,•; Y
EXISTING ALLEY RETURN' ALLEY
%
i� /CONCRETE ALLEY SLAG . � PAVING OR STREET GUTTER. .!• 5
.P'
�.. 6i6 WO wet&& wire T..t.. • �,•�;.' E{E 10M W'r..wN1.
' TRANSVERSE DUMMY GROOVE
CONTRACTION JOINT
0"vired of cold joints and every
r 13 feet of paving.)
1 I i � Ill •�'.�• •. • . ,. �. •� •,1
SEC 7'/0/V VIEW
//'=2/
K
E oo'j
• M
pcP peo
O p
10�,,�a�,o$ IS
s' CURB 8
Olt, GUTTER �.
J-6
/CQoAvr V/EW
/ /' = 5'
iz
MOTE: A skid resistant surface shall
be made of the 3'x 5.51 ramp
section utilizing a dim a
mesh pattern (or equivalent
VARIES pattern approved by the engineer).
Minimpattern openings shall
TYPICAL us
1be 3/40 x 1/2". maximm openings
shalt be 2" x 3/40. The 31 x 5.51
ramp section shall be marked using
a 4" wide yStt stripe placed
longitudinally along each outside
edge of the rasp section. The yellow
stripe may be painted or taped as per
City of Lubbock specifications.
a 25'
RAMP=44Oftz Come% fiaiwort
PLATE No. 9
November,1992
No Text
SPECIAL CONDITIONS
1. CHANGES IN THE WORK
The Local Public Agency may increase the quantity of the work
in the Contract by supplementary projects, not included in
the Contract, without invalidating the Contract, and without
relieving or releasing the'Contractor from any of his
obligations under the Contract or any guarantee given by him
pursuant to the Contract provisions, and without affecting
the validity of the guaranty bonds, and without relieving or
releasing the surety or sureties of said bonds. All such
work shall be executed under the terms of the original
Contract unless it is expressly provided otherwise.
If applicable unit prices are contained in the agreement
(established as a result of either a unit price bid or a
Supplement Schedule of Unit Prices) the Local Public Agency
may order the Contractor to proceed with desired additions to
the work as a result of supplementary projects, the value of
such changes to be determined by the measured quantities
involved and the applicable unit prices specified in the
Contract; provided that in case of a unit price contract the
net value of all additions does not increase or decrease the
original total amount shown in the Agreement by more than
twenty-five (25%).
Except for the purpose of affording protection against any
emergency endangering health, life, limb or property, the
Contractor shall make no change in the materials used or in
the specified manner or construction and/or installing the
improvements or supply additional labor, services or
materials beyond that actually required for the execution of
the Contract, unless in pursuance of a written order from the
Local Public Agency authorizing the Contractor to proceed
with the change. No claim for an adjustment of the contract
price will be valid unless so ordered.
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t 2. SUPERINTENDENCE
The Superintendent and/or his assistants will not be allowed
to serve two functions simultaneously, such as operating
machinery and acting as Superintendent at the same time. The
Superintendent must be free of individual responsibilities to
l enable him to give the entire project his constant attention
l to facilitate the progress thereof.
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3.
4.
5.
TIME AND ORDER FOR COMPLETION
No work will be allowed from November 1st through January 2nd
unless approved by the Engineer.
The construction covered by the contract documents shall be
fully completed within 100 working days from the date
specified in the Notice to Proceed issued by the City of
Lubbock to the successful bidder.
MAINTENANCE OF DETOURS
The Contractor shall do such work as may be necessary to
maintain detours and facilities for safe public travel.
There shall be maintained in passable condition such
temporary roads and structures as may be necessary to
accommodate public travel. Temporary approaches and
crossings of intersecting highways shall be provided and
maintained in a safe and passable condition by the Contractor
at his entire expense.
PUBLIC SAFETY AND CONVENIENCE
The safety,of the public and the convenience of traffic shall
be regarded as of prime importance. It shall be the entire
responsibility of the Contractor to provide for ingress and
egress to private property. Ingress and egress to private
property shall be provided as specified in the plans or as
directed by the Engineer.
The Contractor shall plan and execute his operations in a
manner that will cause the minimum interference with traffic.
The Contractor shall secure the Engineer's approval of his
proposed plan of operation, sequence of work and methods of
providing for the safe passage of traffic before it is placed
into operation. If at any time during construction the
approved plan does not accomplish the intended purpose, due
to weather or other conditions affecting the safe handling of
traffic, the Contractor shall immediately make necessary
changes therein to correct the unsatisfactory conditions.
At night,or otherwise, all equipment not in use shall be
stored in such manner and at such locations as not to
interfere with the safe passage of traffic. The Contractor
shall provide and maintain flaggers at such points and for
such periods of time as may be required to provide for the
SC-2
safety and convenience of public travel and Contractor's
personnel, and as directed by the Engineer. Flaggers shall
be English speaking, courteous, well 'informed, physically and
mentally able to effectually perform their duties in
safeguarding and directing traffic and protecting the work,
and shall be neatly attired and groomed at all times when on
duty. When directing, flaggers shall use standard attire,
flags and signals and follow the flagging procedures set
forth in the Texas Manual on Uniform UNIFORM TRAFFIC CONTROL
DEVICES for Streets and Highways.
6. BARRICADES AND DANGER WARNING AND DETOUR SIGNS AND
TRAFFIC HANDLING
The Contractor shall have the sole responsibility for
providing, installing, moving, replacing, maintaining,
cleaning and removing upon completion of work, all
barricades, warning signs, barriers, cones, lights, signals
and other such type devices for handling traffic control as
indicated in the plans or as directed by the Engineer. All
barricades, warning signs, barriers, cones, lights, signals
and other such type devices shall conform to details shown on
the plans and as directed by the Texas Manual on Uniform
Traffic Control Devices.
The Contractor may provide special signs not covered by plans
to protect the traveling public against special conditions or
hazards, provided however, that such signs are first approved
by the Engineer.
Upon completion of the work, all barricades, warning signs,
r barriers, cones, lights, signals and other such type devices
l: and evidence thereof shall be removed by the Contractor.
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l:
7. PROSECUTION OF WORK
Not more than seven (7) calendar days shall elapse between
the time subgrade preparation is begun and the time of
spreading and compaction of the base.
At no time during the period of construction shall driveways
and/or alleys be left impassable between the night hours of
6:00 a.m. to 6:00 p.m., except during the construction of the
curb and gutter for which the driveways and/or alleys shall
remain closed not more than seven (7) days including four (4)
days for curing.
SC-3
The Contractor is responsible for communications with
adjacent property owners ;.during construction that may limit
or: deny access to their properties.
8. ' WATER
Water for this project will be furnished by the City of
Lubbock at fire hydrants designatedbythe Contractor for
which there will be no charge. The Contractor will be
furnished loading racks by the City Director of Water
Utilities. The loading rack will be equipped with a valve
which will be pad -locked at all times except when the
Contractor's truck is loading. The valve on the loading rack
shall be used by the Contractor and at no time will the
Contractor use the fire hydrant valve. The padlock on the
rack valve shall be furnished by the Contractor.,, The
Contractor shall not use any fire hydrants for water loading
unless there is an authorized rack on the fire hydrant. The
Contractor will not be allowed to use water from authorized
.loading racks except on City approved projects. Water, which
is supplied by the City, is intended for use in compacting
subgrade and base and maintaining dust control. It is not
the intention of the City to furnish water for use in mixing
concrete.
9. RESTRICTIONS -AND REQUIREMENTS FOR CONSTRUCTION
A. The Contractor will need special permission to be
permitted to work on weekends or legal holidays and shall
do no work on any contract item before daylight or,later
than'one hour after sundown, except as directed and
approved by the Engineer. No work will be allowed between
November 1 and January 2, unless approved by the Engineer.
B. A 1:2 dilute emulsion treatment with MS-1,or SS-1
emulsified asphalt at a rate of .10'gallon per square
yard will be applied to the A.C. surface within ten (10)
days of the placement of the A.C. surface.
C. Temperature Requirements (The temperature readings
to be used will be as reported by the National Weather
Service on an hourly report (Telephone Number 762-0141]).
(A) HMAC - November 1 until April 1
1. The asphaltic mixture shall not be placed
when the air temperature is below 550F.
and falling.
SC-4
I FM
2. The asphaltic mixture may be placed when
the air temperature is above 50OF and
r rising.
i
(B) HMAC - April 1 till November 1
1. The asphaltic mixture shall not be placed
when the air temperature is below 500F.
and falling.
2. The asphaltic mixture may be placed when
the air temperature is above 450F. and
rising.
(C) Asphalt Stabilized Base
1. The asphaltic mixture shall not be placed
when the air temperature is below 450 F and
falling.
2. The asphaltic mixture may be placed when the
air temperature is above 400 F and rising.
The engineer may use his discretion to require
a cover over the asphaltic mixture when being
hauled from the plant to the job site.
D. Unless otherwise approved by the engineer, the minimum
temperature of asphalt materials immediately after
placement by the laydown machine will be 3000 F for
asphaltic concrete surface and 2750 F for asphalt
stabilized base.
E. Standby rollers shall be located at the job site for
immediate use if needed.
F. Proof rolling will be required on subgrade, caliche base,
black base, embankment or surface. After rain showers if
deemed necessary by the Engineer each item that was
approved will be re -rolled. The proof rolling will be
performed using a self-propelled 25 ton pneumatic roller
with certified weight certificate.
G. Preliminary approval, by the Engineer, of aggregate at the
pit and crusher location shall be required, prior to
delivery to the plant. Final approval of the stockpile
material, at the hot mix plant or concrete plant, or
stockpile locations will be required by the Engineer,
after which no additional aggregate will be added to the
approved stockpile prior to entering the mixing plant.
SC-5
H. During the period of construction the Contractor will not
use private driveways for turning or parking his
equipment. Any damage to sidewalks, driveways, slabs or
curb and gutter will be replaced at the Contractor's
expense.
I. Before any portion of any street is closed to traffic the
Contractor will be required to have sufficient equipment
on the site to start the construction, and at no time
will any section of the closed area be left three (3) days
without some type of work being performed. If there is a
shortage of equipment to work on all areas of the closed
section then the Contractor will be required to provide
additional equipment.
It is the intent of these requirements to construct the
improvements listed in this contract with the least
inconvenience to the property owners and the traveling
public. In the event damage occurs to pavement in the
area of a fire hydrant, which was caused by the
Contractor's employees negligence to shut off the valve on
the loading rack, it will be the Contractor's
responsibility and expense to repair the paving and
replace curb and gutter if required by the Engineer.
10. REMOVING OBSTRUCTIONS
The Contractor shall familiarize himself with the existing
obstructions including sidewalks, trees, poles, etc., prior
to construction. It shall be the Contractor's responsibility
to remove these obstructions at the direction of the Engineer
except that the utility companies will move their equipment
at no cost to the Contractor. The Contractor will receive no
compensation for delay caused by the Utility Companies in
relocating or removing their equipment.
11. TEST OF MATERIALS
These requirements apply'to this contract and all
construction work on all streets and alleys including new
subdivisions, streets and alley use permits.
The Contractor will bear the cost of all material tests on
hot mix design and concrete design. The City will bear the
cost on tests during construction such as density on caliche
base, gradation on concrete and paving aggregates and density
and asphalt extraction test on hot -mix and black base.
SC-6
(A) Caliche Base Materials
Before materials can be used on any street,
current (not older than 30 days) test reports
will be submitted to the Engineer for approval
and test reports will be required every 30 days
,.. before this material can be used continuously on
City streets. During the construction period,
tests that fail will require re -testing by the
City lab at the contractor's expense.
., (B) Concrete Mix Design (IV-2-E) and
Preconstruction Test _(IV-2-D)
The Contractor or concrete supplier will submit
a mix design on the crushed stone and gravel
approximately (20) days before beginning the'
concrete operation for approval by the Engineer.
Contractors or Concrete Suppliers that supply
concrete for any contract, new -subdivision,
street or alley use permits will be required
to submit to the City Engineer a concrete mix
design every thirty (30) to forty-five (45)
days for approval. Any contractor or concrete
supplier that does not have a current mix design
on file with the City Engineer will not be per -
permitted to furnish concrete for any project within
the City of Lubbock until mix design is received.
The City of Lubbock Testing Laboratory will make
test cylinders during the construction period.
When test cylinders fail to meet the required
strength at the 7 or 28 day break, the concrete in
question will be cored by the City of Lubbock
Testing Laboratory within three days after the 7 or 28
day break. If the core samples fail to meet the required
strength, the concrete will be rejected and removed. The
cost of coring on concrete that fails on the core test
will be charged to the Contractor or Concrete
Supplier. After the mix design is submitted and
approved by the Engineer, no changes in the design
or materials will be permitted without approval of
the Engineer.
(C) Cement
Certified mill test on each car or transport.
SC-7
(D) Asphalt
Certified Lab Test.
(E) Density Test
The City of Lubbock Testing Laboratory will
provide density tests on the base or subgrade.
The City of Lubbock Lab will be the final authority on
all tests.
12. SUBCONTRACTORS
The Contractor shall not award any work to any subcontractor
without prior written approval of the Owner, which approval
will not be given until the Contractor submits to the Owner a
written statement concerning the proposed award to the
subcontractor, which statement shall contain such information
as the Owner may require.
The Contractor shall be as fully responsible to the Owner for
the acts and omissions of his subcontractors, and of persons
either directly or indirectly employed by them, as he is for
the acts and omissions of persons directly employed by him.
The Contractor shall cause appropriate provisions to be
inserted in all subcontracts relative to the work -to bind
subcontractors to the Contractor by the terms of the General
Conditions and other contract documents insofar as applicable
to the work of subcontractors and to give.the Contractor the
same power as regard terminating any subcontract that the
owner may exercise over the Contractor under any provision of
the contract documents.
Nothing contained in this contract shall create any
contractual relation between any subcontractor and the Owner
and said subcontractor will look exclusively to contractor
for any payments due subcontractor.
13. UNDERGROUND UTILITIES
The Contractor's attention is directed to the fact that
pipelines and other underground installations as may be shown
of the plans have been taken from the best available
information. There may be other pipelines or installations.
The Contractor shall save harmless the City from any and all
suits or claims resulting from damage by his operations to
any pipeline or underground installation.
SC-8
It is the Contractor's responsibility, during the period of
street construction, to insure that all utility cuts in the
limits of street construction have been properly backfilled,
compacted and the top 6" inches backfilled with 3-sack
concrete. It is not the intent to require the Contractor to
provide for the utility cut repair but for the individual
utility company making the cut to provide their own repairs.
In the case
Contractor
repair the
unit price
of a City underground installation, the
may be required, at the Engineer's option, to
cut with 3-sack cement stabilized caliche at the
bid.
14. WORKING HOURS
Construction work under this contract requiring an inspector
will not be performed on weekends or holidays unless the
following conditions exist:
(A) .The project being constructed is essential to
the City of Lubbock's ability to provide the
necessary services to it's citizens.
(B) Delays in construction are due to factors
outside the control of the Contractor. The
Contractor is approaching the penalty provi-
sions of the contract and Contractor can
show he has made a diligent effort to
complete the contract within allotted time.
r• Before construction work requiring an inspector is to be
performed on weekends or holidays, the Contractor must notify
the Owner's Representative not less than three (3) full
working days prior to the weekend or holiday he desires to do
work and obtain written permission from the Owner's
W Representative to do such work. The final decisionon
whether to allow construction work requiring an inspector on
►""' weekends or holidays will be made by the Owner's
p 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, tocorrector
:. alleviate such condition so that it is no longer dangerous to
property or life.
SC-9
No work will be allowed from November 1st through January 2nd
unless approved by the Engineer.
15. PARTIAL PAYMENTS
On or before the tenth day of each month, the Contractor
shall submit to Owner's Representative an application for
partial payment. Owner's Representative shall review said
application for partial payment and the progress of the work
made by the Contractor and if found to be in order shall
prepare a certificate for partial payment showing as
completely as practical the total value of the work done by
the Contractor up to and including the last day of the
preceding month.
16. CORRECTION OF WORK AFTER FINAL PAYMENT
Neither the final payment nor certificate nor any provision
in this contract shall relieve the Contractor of
responsibility for faulty materials.or workmanship, and he
shall remedy defects due thereto and pay for any damage to
other work resulting therefrom, which shall appear within a
period of one (1) year from date of final acceptance of the
project. The Owner or the Owner's Representative shall give
notice of observed defects with reasonable promptness.
17. EXTENSION OF TIME - TIME FOR COMPLETION
An extension of time will not be allowed on this project.
The project completion will be based on working days allowed
instead of calendar days allowed.
All places in these documents referring to the number of
calendar days to complete the project are hereby revised and
termed the number of working days to complete the project.
A working day is defined as a calendar day, not including
Saturdays, Sundays, or designated City of Lubbock holidays,
in which weather or other conditions not under the control of
the Contractor will permit the performance of the principal
unit of work underway for a continuous period of not less
than seven (7) hours between 7:00 a.m. and 6:00 p.m. For
every Saturday or designated City of Lubbock holiday on which
the Contractor chooses and has the proper authorization to
work, one day'will be charged against the contract working
time when weather conditions will permit seven (7) hours of
work as delineated above. Work on Sunday will not be
permitted except in cases of extreme emergency and then only
SC-10
r'
with the written permission of the Engineer. If Sunday work
is permitted, working time will be charged on the same basis
as week days.
The Contractor shall complete the work within the number of
working days stated in these documents. For the purpose of
computation, working days will be considered to begin with
v
the effective date stated in the "Notice to Proceed".
The Engineer will furnish the Contractor a monthly statement
showing number of working days charged during the month,
total number of working days allowed in contract, and the
working days remaining under contract. The Contractor will
be allowed ten (10) days in which to protest the correctness
of the statement. This protest shall be in writing, and
r-
shall show cause. Not filing a protest within the allowed
ten (10) days for any statement will indicate the
Contractor's approval of the time charges as shown on that
time statement and future consideration of that statement
.-
will not be permitted. If the satisfactory completion of the
4:
contract shall require unforseen work or work and materials
in greater amounts than these set forth in the contract, then
additional working days or suspension of time charge will be
allowed the Contractor equal to the time which, in the
opinion of the Engineer, the work as a whole is delayed.
..
If the Contractor fails to complete the contract in the
working days specified, the stated liquidated damages will be
charged for each working day thereafter.
SC-11
NOTICE OF ACCEPTANCE
TO:
The City of Lubbock, having considered the proposals submitted and opcned on the day of
199_, for work to be done and materials to be fiirnished in and for:
as set forth in detail in the Specifications, Plans, and Contract Documents for such work for the City of Lubbock; it appearing that
your proposal is fair, equitable and to the best interest of said City, please take notice that said proposal was accepted by the City
.� Council of the City of Lubbock on the day of 199 at the bid price contained therein, subject to the
execution of and furnishing of all contract documents, bonds, certificates of insurance, and 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 (50/6) bid security, submitted with your proposal, will be returned upon the execution of such contract
documents and bonds within the above specified ten (10) day period. In the event you should fail to execute and furnish such
contract documents and bonds within the time limit specified, said bid security will be retained by the City of Lubbock.
CITY OF LUBBOCK
Owner's Representative