HomeMy WebLinkAboutResolution - 2006-R0095 - Contract - West Texas Paving Inc - Paving And Drainage Improvements - 02_24_2006Resolution No. 2006-
February 24, 2006
Item No. 6.19
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 for the Mac
Davis Lane and Avenue V extension paving and drainage improvements, Bid 05-148-
BM, by and between the City of Lubbock and West Texas Paving, Inc. of Lubbock,
Texas, and related documents. Said Contract is attached hereto and incorporated in this
resolution as if fully set forth herein and shall be included in the minutes of the City
Council.
Passed by the City Council this 24th day of February , 2006.
ATTEST:
h�
TOM MARTIN, MAYOR PRO TEM
Rebecca Garza, City Secretary
APPROVEErA-S-TO CONTENT:
Tom Adams, Deputy City Manager
APPROVED AS TO FORM:
City Attorney
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CITY OF LUBBOCK
SPECIFICATIONS FOR
MAC DAVIS LANE AND AVENUE V EXTENSION PAVING
AND DRAINAGE IMPROVEMENTS
ITB #05-148—BM
CONTRACT 46574
"A City Of Planned Progress "
CITY OF LUBBOCK
Lubbock, Texas
Cl
City of Lubbock
PURCHASING DEPARTMENT
ROOM 204, MUNICIPAL BUILDING
1625 13"' STREET
LUBBOCK, TEXAS 79401
PH:(806)775-2167 FAX:(806)775-2164
http://purchasing.ci.lubbock.tx.us
ITB#05-148-BM, Addendum # 1
ADDENDUM W
ITB # 05-148-BM
Mac Davis Lane and Avenue V Extension Paving
and Drainage Improvements
DATE ISSUED: January 20, 2006
OLD CLOSE DATE: January 24, 2006 @ 2:00 P.M. C.S.T.
NEW CLOSE DATE: February 2, 2006 @ 2:00 P.M. C.S.T.
The following items take precedence over specifications for the above named Invitation to Bid (ITB). Where any item
called for in the ITB documents is supplemented here, the original requirements, not affected by this addendum, shall
remain in effect.
1. Bid due date and time are CHANGED from January 24, 2006 @ 2:00 P.M. C.S.T. to February 2, 2006 @ 2:00 P.M.
C.S.T.
2. Bidders MUST submit the REVISED BID SUBMITTAL UNIT PRICE BID CONTRACT attached.
3. Time for substantial completion is CHANGED from 140 Working Days to 165 Working Days.
4. Plan Sheet SWP-1 dated 10/28/05 is REPLACED with Plan Sheet SWP-1 revised 01/12/06 (available through The
Reproduction Company).
5. Plan Sheet P-1 dated 7/18/05 is REPLACED with Plan Sheet P-1 dated 1/16/06 (available through The
Reproduction Company).
6. Plan Sheet P-4 dated 7/18/05 is REPLACED with Plan Sheet P-4 dated 12/16/05 (available through The
Reproduction Company).
7. Plan Sheet P-7, Paving Plan and Profile I& Street Avenue U to Avenue V, dated 1113105 is ADDED (available
through The Reproduction Company).
8. Bid item #1 is CHANGED TO READ as follows: Standard City of Lubbock asphalt paving, Type "D", including
1'/2" HMAC, 6" caliche base, and all subgrade preparation to include all necessary removal and disposal of existing
asphalt surface (caliche base to be reused for fill), fumished and installed, complete and in -place.
9. ADD to Bid item #1: 2,760 SY to include IO'h St. addition to project limits.
10. ADD to Bid item #2: 137 SY to include I O'h St. addition to project limits.
11. ADD to Bid item #5: 1,360 LF to include 10`h St. addition to project limits.
12. ADD to Bid item #6: 128 LF to include 10`h St. addition to project limits.
13. Bid item #7 is CHANGED TO READ as follows: Utility adjustments including 6 manholes and 21 water valves in
paved areas, complete and in -place.
14. ADD to Bid item #8: Three Months to include I O'h St. addition to project limits.
15. ADD to Bid item #9: 1,505 LF to include 10'h St. addition to project limits.
16. ADD to Bid item #10: 100 SY to include 10" St. addition to project limits.
17. Bid item #11 is CHANGED TO READ as follows: Conduit, 4" Schedule 40 PVC at apartment driveway including
excavation and backfill (flowable fill backfill in paved areas), famished and installed, complete and in -place.
ITB#05-148-BMAd 1.doc I
ITB#05-148-BM, Addendum # l
18. Bid item #12 is CHANGED TO READ as follows: Irrigation taps, including 2" schedule 40 PVC, corporation stop,
I''/2" meter and 2" valve in meter box at locations to be determined, furnished, complete. Change estimated quantity
and unit to be 4 and each, respectively.
19. ADD Bid item 414 for the 10'h St. addition to project limits as follows: Remove and legally dispose of brick pavers
and concrete base in 10`s Street, including delivery of bricks to City of Lubbock stockpile and necessary incidentals to
complete the work, complete. The estimated quantity and units are 2,166 and SY, respectively.
All requests for additional information or clarification must be submitted in writing and directed to:
Bruce MacNair, Senior Buyer, City of Lubbock, P.O. Box 2000, Lubbock, Texas 79457
Questions may be faxed to (806)775-2164 or Email to BMacnair(&,mylubbock.us
THANK YOU,
CITY OF LUBBOCK
Bruce MacNair
Senior Buyer
It is the intent and purpose of the City of Lubbock that this request permits competitive bids. It shall be the bidder's responsibility to
advise the CiV of Lubbock Purchasing Manager if an r�languaage, requirements, etc., or any combinations thereof, inadvertently restricts
or limits the requirements stated in this ITS to a single source. Such notification must be submitted in writing and must be received by
the Purchasing Manager no later than five (5) business days prior to the bid close date. A review of such notifications will be made.
1TB#05-148-BMAd i .doc 2
CITY OF LUBBOCK
INVITATION TO BID
FOR
TITLE: MAC DAVIS LANE AND AVENUE V EXTENSION
PAVING AND DRAINAGE IMPROVEMENTS
ADDRESS: LUBBOCK, TEXAS
ITI3 NUMBER: 05-148-BM
PROJECT NUMBER: 91064.8302.20000
CONTRACT PREPARED BY: PURCHASING & CONTRACT MANAGEMENT DEPARTMENT
k
INDEX
NOTICE TO BIDDERS
GENERAL INSTRUCTIONS TO BIDDERS
BID SUBMITTAL - BID FOR LUMP SUM CONTRACTS
PAYMENT BOND
PERFORMANCE BOND
CERTIFICATE OF INSURANCE
CONTRACT
GENERAL CONDITIONS OF THE AGREEMENT
CURRENT WAGE DETERMINATIONS
SPECIFICATIONS
I
I
NOTICE TO BIDDERS
p
NOTICE To BIObERS
ITB #05-148-BM
Sealed bids addressed to Victor Kilman, Director of Purchasing & Contract Management, City of Lubbock,
Texas, will be received in the office of the Director of Purchasing & Contract Management, Municipal Building, 1625
13th Street, Room 204, Lubbock, Texas, 79401, until 2:00 o'clock p.m. on January 24, 2006, or as changed by the
issuance of formal addenda to all planholders, to furnish all labor and materials and perform all work for the construction
of the following described project:
"MAC DAVIS LANE AND AVENUE V EXTENSION PAVING AND DRAINAGE IMPROVEMENTS"
After the expiration of the time and date above first written, said sealed bids will be opened in the office of the
Director of Purchasing& Contract Management and publicly read aloud. It is the sole responsibility of the bidder to
ensure that his bid is actually in the office of the Director of Purchasing & Contract Management for the City of Lubbock,
before the expiration of the date above first written.
Bids are due at 2:00 o'clock p.m. on January 24, 2006, and the City of Lubbock City Council will consider the
bids on February 9.2006, at the Municipal Building, 1625 13th Street, Lubbock, Texas, or as soon thereafter as may be
reasonably convenient, subject to the right to reject any or all bids and waive any formalities. The successful bidder will
be required to furnish a performance bond in accordance with Chapter 2253, Government Code, in the amount of 100% of
the total contract price in the event that said contract price exceeds $100,000 and the successful bidder will be required to
furnish a payment bond in accordance with Chapter 2253, Government Code, in the amount of 100% of the total contract
price in the event that said contract price exceeds $25,000. Said statutory bonds should be issued by a company carrying a
current Best Rating of B or superior.
Bidders are required, whether or not a payment or performance bond is required, to submit a cashier's or certified
check issued by a bank satisfactory to the City of Lubbock, or a bid bond from a reliable surety company, payable without
recourse to the order of the City of Lubbock in an amount not less than 5% of the total amount of the bid submitted as a
guarantee that bidder will enter into a contract and execute all necessary bonds (if required) within ten (10) business days
after notice of award of the contract to him. FAILURE OF THE BIDDER TO INCLUDE BID SECURITY WITH.
THE BID SUBMITTAL SHALL CONSTITUTE A NONRESPONSIVE BID AND RESULT IN
DISQUALIFICATION OF THE BID SUBMITTAL.
t= It shall be each bidders sole responsibility to inspect the site of the work and to inform himself regarding all local
conditions under which the work is to be done. It shall be understood and agreed that all such factors have been
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thoroughly investigated and considered in the preparation of the bid submitted. There will be a non -mandatory pre -bid
conference on January 10, 2006 at 9:00 o'clock a.m., in 1625 13th Street, Room 204, Lubbock, Texas.
Bidders may view the plans and specifications without charge at The Reproduction Company, 2102 Avenue Q,
Lubbock, Texas 79405. ONE SET OF PLANS AND SPECIFICATIONS MAY BE OBTAINED, AT THE CITY'S
EXPENSE, FROM THE REPRODUCTION COMPANY WITH A $100 REFUNDABLE DEPOSIT,
http://pr.thergproductioncoMpan.com/, Phone: (806) 763-7770, Additional sets of plans and specifications may be
obtained at the bidder's expense.
Attention of each bidder is particularly called to the schedule of general prevailing rate of per diem wages
included in the contract documents on file in the office of the Director of Purchasing & Contract Management of the City
of Lubbock, which document is specifically referred to in this notice to bidders. Each bidder's attention is further directed
to provision of Article 5159a, Vernon's Ann. Civil St., and the requirements contained therein concerning the above wage
scale and payment by the contractor of the prevailing rates of wages as heretofore established by owner in said wage
scale.
The City of Lubbock hereby notifies all bidders that in regard to any contract entered into pursuant to this
advertisement, minority and women business enterprises will be afforded equal opportunities to submit bids in response to
this invitation and will not be discriminated against on the grounds of race, color, sex, disability, or national origin in
consideration for an award.
The City of Lubbock does not discriminate against persons with disabilities. City of Lubbock pre -bid meetings
and bid openings are available to all persons regardless of disability. If you would like bid information made available in
a more accessible format or if you require assistance, please contact the City of Lubbock ADA Coordinator at (806) 775-
2018 at least 48 hours in advance of the meeting.
IWY F Lr CK
MAN,DIRECTOR
PURCHASING & CONTRACT MANAGEMENT
I
I
GENERAL INSTRUCTIONS TO BIDDERS
I
0 11 GENERAL INSTRUCTIONS TO BIDDERS
1 BID DELIVERY, TIME & DATE
1.1 The City of Lubbock is seeking written and sealed competitive bids to furnish MAC DAVIS LANE
AND AVENUE V EXTENSION PAVING AND DRAINAGE IMPROVEMENTS per the attached
specifications and contract documents. Sealed bids will be received no later than 2:00 p.m. CST,
January 24, 2006 at the office listed below. Any bid received after the date and hour specified will be
_1 rejected and returned unopened to the bidder. Each bid and supporting documentation must be in a sealed
envelope or container plainly labeled in the lower left-hand corner: "ITB #05-148-BM, MAC DAVIS
LANE AND AVENUE V EXTENSION PAVING AND DRAINAGE IMPROVEMENTS" and the
bid opening date and time. Bidders must also include their company name and address on the outside of
the envelope or container. Bids must be addressed to:
Victor Kilman, Director of Purchasing & Contract Management
City of Lubbock
1625 13th Street, Room 204
Lubbock, Texas 79401
1.2 Bidders are responsible for making certain bids are delivered to the Purchasing & Contract Management
Department. Mailing of a bid does not ensure that the bid will be delivered on time or delivered at all. If
bidder does not hand deliver bid, we suggest that he/she use some sort of delivery service that provides a
receipt.
` 1.3 Bids will be accepted in person, by United States Mail, by United Parcel Service, or by private courier
service. No bids will be accepted by oral communication, telephone, electronic mail, telegraphic
transmission, or telefacsimile transmission. THE CITY WILL NOT ACCEPT FAX BIDS.
1.4 The City of Lubbock reserves the right to postpone the date and time for opening bids through an
addendum.
2 PRE -BID MEETING
2.1 For the purpose of familiarizing bidders with the requirements, answering questions, and issuing addenda
as needed for the clarification of the Invitation to Bid (ITB) documents, a non -mandatory pre -bid meeting
will be held at 9:00 a.m., January 10, 2006 in 1625 13th Street, Room 204, Lubbock. Texas. All persons
attending the meeting will be asked to identify themselves and the prospective bidder they represent.
2.2 It is the bidder's responsibility to attend the pre -bid meeting though the meeting is not mandatory. The
City will not be responsible for providing information discussed at the pre -bid meeting to bidders who do
not attend the pre -bid meeting.
3 ADDENDA & MODIFICATIONS
3.1 Any changes, additions, or clarifications to the ITB are made by ADDENDA information available over
the Internet at http://www.RFPdggot.com. We strongly suggest that you check for any addenda a
minimum of forty-eight hours in advance of the response deadline. BUSINESSES WITHOUT
i INTERNET ACCESS may use computers available at most public libraries.
3.2 Any bidder in doubt as to the true meaning of any part of the specifications or other documents may
request an interpretation thereof from the Purchasing & Contract Management Department. At the
request of the bidder, or in the event the Purchasing & Contract Management Department deems the
interpretation to be substantive, the interpretation will be made by written addendum issued by the
Purchasing & Contract Management Department. Such addenda issued by the Purchasing & Contract
Management Department will be available over the Internet at http://www.RFPdepot.com and will
become part of the proposal package having the same binding effect as provisions of the original ITB. NO
VERBAL EXPLANATIONS OR INTERPRETATIONS WILL BE BINDING. In order to have a request
for interpretation considered, the request must be submitted in writing and must be received by the City of
Lubbock Purchasing & Contract Management Department no later than five (5) days before the bid
closing date.
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3.3 All addenda, amendments, and interpretations of this solicitation shall be in writing. The City of Lubbock
shall not be legally bound by any amendment or interpretation that is not in writing. Only information
supplied by the City of Lubbock Purchasing & Contract Management Department in writing or in this
ITB should be used in preparing bid responses. All contacts that a bidder may have had before or after
receipt of this ITB with any individuals, employees, or representatives of the City and any information
that may have been read in any news media or seen or heard in any communication facility regarding this
bid should be disregarded in preparing responses.
3.4 The City does not assume responsibility for the receipt of any addendum sent to bidders.
4 EXAMINATION OF DOCUMENTS AND REQUIREMENTS
4.1 Each bidder shall carefully examine all ITB documents and thoroughly familiarize itself with all
requirements before submitting a bid to ensure that their bid meets the intent of these specifications.
4.2 Before submitting a bid, each bidder shall be responsible for making all investigations and examinations
that are necessary to ascertain conditions and requirements affecting the requirements of this Invitation to
Bid. Failure to make such investigations and examinations shall not relieve the bidder from obligation to
comply, in every detail, with all provisions and requirements of the Invitation to Bid.
4.3 Notices of any discrepancies or omissions in these plans, specifications, or contract documents, shall
be given to the Director of Purchasing & Contract Management and a clarification obtained before
the bids are received, and if no such notice is received by the Director of Purchasing & Contract
Management prior to the opening of bids, then it shall be deemed that the bidder fully understands
the work to be included and has provided sufficient sums in its bid to complete the work in
accordance with these plans and specifications. If bidder does not notify Director of Purchasing &
Contract Management before bidding of any discrepancies or omissions, then it shall be deemed for
all purposes that the plans and specifications are sufficient and adequate for completion of the
project. It is further agreed that any request for clarification must be submitted no later than five
(5) calendar days prior to the opening of bids.
BID PREPARATION COSTS
5.1 Issuance of this ITI3 does not commit the City of Lubbock, in any way, to pay any costs incurred in the
preparation and submission of a bid.
5.2 The issuance of this ITB does not obligate the City of Lubbock to enter into contract for any services or
equipment.
5.3 All costs related to the preparation and submission of a bid shall be paid by the bidder.
6 TRADE SECRETS CONFIDENTIAL INFORMATION AND THE TEXAS PUBLIC INFORMATION ACT
6.1 If you consider any portion of your bid to be privileged or confidential by statute or judicial decision,
including trade secrets and commercial or financial information, clearly identify those portions.
6.2 The City of Lubbock will honor your notations of trade secrets and confidential information and decline
to release such information initially, but please note that the final determination of whether a particular
portion of your bid is in fact a trade secret or commercial or financial information that may be withheld
from public inspection will be made by the Texas Attorney General or a court of competent jurisdiction.
In the event a public information request is received for a portion of your bid that you have marked as
being confidential information, you will be notified of such request and you will be required to justify
your legal position in writing to the Texas Attorney General pursuant to Section 552.305 of the
Government Code. In the event that it is determined by opinion or order of the Texas Attorney General or
a court of competent jurisdiction that such information is in fact not privileged and confidential under
Section 552.110 of the Government Code and Section 252.049 of the Local Government Code, then such
information will be made available to the requester.
6.3 Marking your entire bid CONFIDENTIAL/PROPRIETARY is not in conformance with the Texas Open
Records Act.
7 LICENSES, PERMITS, TAXES
The price or prices for the work shall include full compensation for all taxes, permits, etc. that the bidder is or
may be required to pay.
UTILIZATION OF LOCAL BUSINESS RESOURCES
Prospective bidders are strongly encouraged to explore and implement methods for the utilization of local
resources, and to outline in their bid submittal how they would utilize local resources.
9 CONFLICT OF INTEREST
9.1 The bidder shall not offer or accept gifts or anything of value nor enter into any business arrangement with
any employee, official or agent of the City of Lubbock.
9.2 By signing and executing this bid, the bidder certifies and represents to the City the bidder has not offered,
conferred or agreed to confer any pecuniary benefit or other thing of value for the receipt of special treatment,
advantage, information, recipient's decision, opinion, recommendation, vote or any other exercise of
discretion concerning this bid.
10 CONTRACT DOCUMENTS
10.1 All work covered by the contract shall be done in accordance with contract documents described in the
General Conditions.
10.2 All bidders shall be thoroughly familiar with all of the requirements set forth on the contract documents
for the construction of this project and shall be responsible for the satisfactory completion of all work
contemplated by said contract documents.
11 PLANS FOR USE BY BIDDERS
It is the intent of the City of Lubbock that all parties with an interest in submitting a bid on the project covered by
the contract documents be given a reasonable opportunity to examine the documents and prepare a bid without
charge or forfeiture of deposit. The contract documents, may be examined without charge as noted in the Notice
to Bidders.
12 BIDDER INQUIRIES AND CLARIFICATION OF REQUIREMENTS
12.1 It is the intent and purpose of the City of Lubbock that this request permit competitive bids. It shall be
the bidder's responsibility to advise the Director of Purchasing_& Contract Management if any language,
requirements, etc., or any combinations thereof, inadvertently restricts or limits the requirements stated in
this ITB to a single source. Such notification must be submitted in writing and must be received by the
City of Lubbock Purchasing & Contract Management Office no later than five (5) calendar days before
the bid closing date. A review of such notifications will be made.
12.2 NO BIDDER SHALL REQUEST ANY INFORMATION VERBALLY. ALL REQUESTS FOR
ADDITIONAL INFORMATION OR CLARIFICATION CONCERNING THIS INVITATION TO
BID (ITB) MUST BE SUBMITTED IN WRITING NO LATER THAN FIVE (5) CALENDAR
DAYS PRIOR TO THE BID CLOSING DATE AND ADDRESSED TO:
BRUCE MACNAIR, SENIOR BUYER
City of Lubbock
1625 13`h Street
Lubbock, Texas 79401
Fax: (806) 775-2164
r1 ' Email: BMacnair@mylubbock.us
RFPDepot: http://www.RFPdepot.com
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TIME AND ORDER FOR COMPLETION
13.1 The construction covered by the contract documents shall be substantially completed within ONE
HUNDRED FORTY (140) CONSECUTIVE CALENDAR DAYS from the date specified in the
Notice to Proceed issued by the City of Lubbock to the successful bidder.
13.2 The Contractor will be permitted to prosecute the work in the order of his own choosing, provided,
however, the City reserves the right to require the Contractor to submit a progress schedule of the work
contemplated by the contract documents. In the event the City requires a progress schedule to be
submitted, and it is determined by the City that the progress of the work is not in accordance with the
progress schedule so submitted, the City may direct the Contractor to take such action as the City deems
necessary to ensure completion of the project within the time specified.
PAYMENT
All payments due to Contractor shall be made in accordance with the provisions of the General Conditions of the
contract documents.
AFFIDAVITS OF BILLS PAID
The City of Lubbock reserves the right, prior to final acceptance of this project to require the Contractor to
execute an affidavit that all bills for labor, materials and incidentals incurred in the construction of the
improvements contemplated by the contract documents have been paid in full and that there are no claims
pending, of which the Contractor has been notified.
MATERIALS AND WORKMANSHIP
The intent of these contract documents is that only materials and workmanship of the best quality and grade will
be furnished. The fact that the specifications may fail to be sufficiently complete in some detail will not relieve
the Contractor of full responsibility for providing materials of high quality and for protecting them adequately
until incorporated into the project. The presence or absence of a representative of the City on the site will not
relieve the Contractor of full responsibility of complying with this provision. The specifications for materials and
methods set forth in the contract documents provide minimum standards of quality, which the Owner believes
necessary to procure a satisfactory project.
17 GUARANTEES
17.1 All equipment and materials incorporated in the project and all construction shall be guaranteed against
defective materials and workmanship. Prior to final acceptance, the Contractor shall furnish to the Owner,
a written general guarantee which shall provide that the Contractor shall remedy any defects in the work,
and pay for any and all damages of any nature whatsoever resulting in such defects, when such defects
appear within ONE year from date of final acceptance of the work as a result of defective materials or
workmanship, at no cost to the Owner (City of Lubbock).
17.2 Notwithstanding any provisions contained in the contractual agreement, the Contractor represents and
warrants fault -free performance and fault -free result in the processing date and date -related data
(including, but not limited to calculating, comparing and sequencing) of all hardware, software and
firmware products delivered and services provided under this Contract, individually or in combination, as
the case may be from the effective date of this Contract. Also, the Contractor warrants calculations will
be recognized and accommodated and will not, in any way, result in hardware, software or firmware
failure. The City of Lubbock, at its sole option, may require the Contractor, at any time, to demonstrate
the procedures it intends to follow in order to comply with all the obligations contained herein.
17.3 The obligations contained herein apply to products and services provided by the Contractor, its sub-
contractor or any third party involved in the creation or development of the products and services to be
delivered to the City of Lubbock under this Contract. Failure to comply with any of the obligations
contained herein, may result in the City of Lubbock availing itself of any of its rights under the law and
under this Contract including, but not limited to, its right pertaining to termination or default.
17.4 The warranties contained herein are separate and discrete from any other warranties specified in this
Contract, and are not subject to any disclaimer of warranty, implied or expressed, or limitation to the
Contractor's liability which may be specified in this Contract, its appendices, its schedules, its annexes or
any document incorporated in this Contract by reference.
18 PLANS FOR THE CONTRACTOR
The contractor will be furnished one set of plans and specifications, and related contract documents for his use
during construction. Plans and specifications for use during construction will only be furnished directly to the
Contractor. The Contractor shall then distribute copies of plans and specifications to suppliers, subcontractors or
others, as required for proper prosecution of the work contemplated by the Contractor.
19 PROTECTION OF THE WORK
The Contractor shall be responsible for the care, preservation, conservation, and protection of all materials,
supplies, machinery, equipment, tools, apparatus, accessories, facilities, and all means of construction, and any
and all parts of the work whether the Contractor has been paid, partially paid, or not paid for such work, until the
date the City issues its certificate of completion to Contractor. The City reserves the right, after the 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 intended contract and all work in progress with bond amounts and percentage completed.
(b) A sworn statement of the current financial condition of the bidder.
(c) Equipment schedule.
20 TEXAS STATE SALES TAX
20.1 This contract is issued by an organization which qualifies for exemption provisions pursuant to provisions
of Article 20.04 of the Texas Limited Sales, Excise and Use Tax Act.
20.2 The Contractor must obtain a limited sales, excise and use tax permit which shall enable him to buy the
materials to be incorporated into the work without paying the tax at the time of purchase.
i21 PROTECTION OF SUBSURFACE LINES AND STRUCTURES
It shall be the Contractor's responsibility to prosecute the work contemplated by the contract documents in such a
way as to exercise due care to locate and prevent damage to all underground pipelines, utility lines, conduits or
other underground structures which might or could be damaged by Contractor during the construction of the
project contemplated by these contract documents. The City of Lubbock agrees that it will furnish Contractor the
location of all such underground lines and utilities of which it has knowledge. However, such fact shall not
relieve the Contractor of his responsibilities aforementioned. All such underground lines or structures cut or
damaged by Contractor during the prosecution of the work contemplated by this contract shall be repaired
immediately by Contractor to the satisfaction of the City of Lubbock, Texas, at Contractor's expense.
5 22 BARRICADES AND SAFETY MEASURES
The contractor shall, at his own expense, furnish and erect such barricades, fences, lights and danger signals, and
shall take such other precautionary measures for the protection of persons, property and the work as may be
necessary. The Contractor will be held responsible for all damage to the work due to failure of barricades, signs,
and lights to protect it, and when damage is incurred, the damaged portion shall be immediately removed and
replaced by Contractor at his own cost and expense. The Contractor's responsibility for maintenance of barricades,
signs, and lights shall not cease until the date of issuance to Contractor of City's certificate of acceptance of the
project.
23 EXPLOSIVES
23.1 The use of explosives will not be permitted unless written permission to do so is obtained by the
t_ Contractor from the City. In all cases where written permission is obtained for the use of explosives, the
Li Contractor shall assume full responsibility for all damage, which may occur as a direct or indirect result
of the blasting. In addition, in all cases where explosives are authorized to be used, the Contractor shall
use utmost care so as not to endanger life or property and the Contractor shall further use only such
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methods as are currently utilized by persons, firms, or corporations engaged in similar type of
construction activity.
23.2 Explosive materials shall not be stored or kept at the construction site by the Contractor.
23.3 In all cases where explosives are to be used during the construction of the project contemplated by this
contract, it shall be the duty of the Contractor to notify each utility company having structures (above or
below the ground) in proximity to the site of the work of Contractor's intention to use explosives, and
such notice shall be given sufficiently in advance to enable the companies to take such steps as they may
deem necessary to protect their property from injury. Such notice, however, shall not relieve the
Contractor of responsibility for any damage resulting from his blasting operations.
24 CONTRACTOR'S REPRESENTATIVE
The successful 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.
25 INSURANCE
25.1 The Contractor shall not commence work under this contract until he has obtained all insurance as
required in the General Conditions of the contract documents, from an underwriter authorized to do
business in the State of Texas and satisfactory to the City. Proof of coverage shall be furnished to the
City and written notice of cancellation or any material change will be provided ten (10) days in advance
of cancellation or change. All policies shall contain an agreement on the part of the insurer waiving the
right to subrogation. The Contractor shall procure and carry at his sole cost and expense through the life
of this contract, insurance protection as hereinafter specified. Coverage in excess of that specified herein
also shall be acceptable. Such insurance shall be carried with an insurance company authorized to
transact business in the State of Texas and shall cover all operations in connection with this contract,
whether performed by the Contractor or a subcontractor, or separate policies shall be provided covering
the operation of each subcontractor. A certificate of insurance specifying each and all coverages shall be
submitted before contract execution.
25.2 PROOF OF COVERAGE SHALL BE FURNISHED TO THE CITY OF LUBBOCK IN THE
FORM OF A CERTIFICATE OF INSURANCE. THE INSURANCE CERTIFICATES
FURNISHED SHALL NAME THE CITY OF LUBBOCK AS A PRIMARY ADDITIONAL
INSURED AND PROVIDE A WAIVER OF SUBROGATION IN FAVOR OF THE CITY OF
LUBBOCK AS REQUIRED BELOW, OR IN THE ALTERNATIVE, SHALL BE
ACCOMPANIED BY A STATEMENT FROM THE CONTRACTOR TO THE EFFECT THAT
NO WORK ON THIS PARTICULAR PROJECT SHALL BE SUBCONTRACTED. IT SHALL
BE THE CONTRACTOR'S RESPONSIBILITY TO PROVIDE TO THE OWNER ALL PROOF
OF COVERAGE INSURANCE DOCUMENTS INCLUDING WORKERS COMPENSATION
COVERAGE FOR EACH SUBCONTRACTOR.
26 LABOR AND WORKING HOURS
26.1 Attention of each bidder is particularly called to the schedule of general prevailing rate of per diem wages
included in these contract documents. The wage rate that must be paid on this project shall not be less
than specified in the schedule of general prevailing rates of per diem wages as above mentioned. The
bidders' attention is further directed to the requirements of Article 5159a, Vernon's Annotated Civil
Statutes providing for the payment of the wage schedules above mentioned and the bidder's obligations
thereunder. The inclusion of the schedule of general prevailing rate of per diem wages in these contract
documents does not release the Contractor from compliance with any wage law that may be applicable.
Construction work under this contract requiring an inspector will not be performed on weekends or
holidays unless the following conditions exist:
26.1.1 The project being constructed is essential to the City of Lubbock's ability to provide the necessary
service to its citizens.
26.1.2 Delays in construction are due to factors outside the control of the Contractor. The Contractor is
approaching the penalty provisions of the contract and Contractor can show he has made a
diligent effort to complete the contract within the allotted time.
26.2 Before construction work requiring an inspector is to be performed on weekends or holidays, the
Contractor must notify the Owner's Representative not less than three full working days prior to the
weekend or holiday he desires to do work and obtain written permission from the Owner's Representative
to do such work. The final decision on whether to allow construction work requiring an inspector on
weekends or holidays will be made by the Owner's Representative.
26.3 In any event, if a condition should occur or arise at the site of this project or from the work being done
under this contract which is hazardous or dangerous to property or life, the Contractor shall immediately
01,;
commence work, regardless of the day of the week or the time of day, to correct or alleviate such
condition so that it is no longer dangerous to property or life.
27 PAYMENT OF EMPLOYEES AND FILING OF PAYROLLS
The contractor and each of his subcontractors shall pay each of his employees engaged in work on the project
under this contract in full (less mandatory legal deductions) in cash, or by check readily cashable without
discount, not less often than once each week. The Contractor and each of his subcontractors engaged at the site of
the work shall not later than the seventh day following the payment of wages, file with the Owner's
Representative, or Engineer, a certified, sworn, legible copy of such payroll. This shall contain the name of each
employee, his classification, the number of hours worked on each day, rate of pay, and net pay. The affidavit
shall state that the copy is a true and correct copy of such payroll, that no rebates or deductions (except as shown)
have been made, or will in the future be made from the wages paid as shown thereon. The Contractor must
classify employees according to one of the classifications set forth in the schedule of general prevailing rate of per
diem wages, which schedule is included in the contract documents. The Contractor shall forfeit as a penalty to the
City of Lubbock on whose behalf this contract is made, ten dollars for each laborer, workman, or mechanic
employed for each calendar day, or portion thereof, such laborer, workman or mechanic is paid less than the
wages assigned to his particular classification as set forth in the schedule of general prevailing rate of per diem
wages included in these contract documents.
28 PROVISIONS CONCERNING ESCALATION CLAUSES
Bids submitted containing any conditions which provide for changes in the stated bid price due to increases or
decreases in the cost of materials, labor or other items required for the project will be rejected and returned to the
bidder without being considered.
29 PREPARATION FOR BID
29.1 The bidder shall submit his bid on forms furnished by the City. All blank spaces in the form shall be
correctly filled in and the bidder shall state the price both in words and numerals, for which he intends to
do the work contemplated or furnish the materials required. Such prices shall be written in ink, distinctly
and legibly, or typewritten. In case of discrepancy between the price written in words and the price
written in figures, the price written in words shall govern.
29.2 If the bid is submitted by an individual, his name must be signed by him or his duly authorized agent. If a
bid is submitted by a firm, association, or partnership, the name and address of each member must be
given and the bid signed by a member of the firm, association or partnership, or person duly authorized.
If the bid is submitted by a company or corporation, the company or corporate name and business address
must be given, and the bid signed by an official or duly authorized agent. Powers of attorney authorizing
agents or others to sign bids must be properly certified and must be in writing and submitted with the bid.
The bid shall be executed in ink.
29.3 Each bid shall be enclosed in a sealed envelope, addressed as specified in the Notice to Bidders, and
endorsed on the outside of the envelope in the following manner:
L 28.3.1 Bidder's name
28.3.2 Bid for (description of the project).
7
30
31
29.4 Bid submittals may be withdrawn and resubmitted at any time before the time set for opening -of the bids,
but no bid may be withdrawn or altered thereafter.
29.5 Pursuant to Texas Local Government Code 252.043(a), a competitive sealed bid that has been
opened may not be changed for the purpose of correcting an error in the bid price. THEREFORE,
ANY CORRECTIONS TO THE BID PRICE MUST BE MADE ON THE BID SUBMITTAL
FORM PRIOR TO BID OPENING.
BOUND COPY OF CONTRACT DOCUMENTS
Bidder understands and agrees that the contract to be executed by bidder shall be bound and include the
following:
(a) Notice to Bidders.
(b) General Instructions to Bidders.
(c) Bidder's Submittal.
(d) Statutory Bond (if required).
(e) Contract Agreement.
(f) General Conditions.
(g) Special Conditions (if any).
(h) Specifications.
(i) Insurance Certificates for Contractor and all Sub -Contractors.
6) All other documents made available to bidder for his inspection in accordance with the Notice to Bidders.
If Plans and Specifications are too bulky or cumbersome to be physically bound, they are to be considered
incorporated by reference into the aforementioned contract documents.
QUALIFICATIONS OF BIDDERS
The bidder may be required before the award of any contract to show to the complete satisfaction of the City of
Lubbock that it has the necessary facilities, ability, and financial resources to provide the service specified therein
in a satisfactory manner. The bidder may also be required to give a past history and references in order to satisfy
the City of Lubbock about the bidder's qualifications. The City of Lubbock may make reasonable investigations
deemed necessary and proper to determine the ability of the bidder to perform the work, and the bidder shall
furnish to the City of Lubbock all information for this purpose that may be requested. The bidder's bid may be
deemed not to meet specifications or the bid may be rejected if the evidence submitted by, or investigation of, the
bidder fails to satisfy the City of Lubbock that the bidder is properly qualified to carry out the obligations of the
contract and to complete the work described therein. Evaluation of the bidder's qualifications shall include:
(a) The ability, capacity, skill, and financial resources to perform the work or provide the service required.
(b) The ability of the bidder to perform the work or provide the service promptly or within the time specified,
without delay or interference.
(c) The character, integrity, reputation, judgment, experience, and efficiency of the bidder.
(d) The quality of performance of previous contracts or services.
(e) The safety record of the Contractor and proposed Sub -Contractors
Before contract award, the recommended contractor for this project may be required to show that he has
experience with similar projects that require the Contractor to plan his work efforts and equipment needs with
City of Lubbock specifications in mind. Demonstration of experience shall include a complete list of ALL similar
municipal and similar non -municipal current and completed projects for the past three (3) years for review. This
list shall include the names of supervisors and type of equipment used to perform work on these projects. In
addition, the Contractor may be required to provide the name(s) of supervisor(s) that will be used to perform work
on this project in compliance with City of Lubbock specifications herein.
32 BID AWARD
32.1 The City of Lubbock reserves the right to reject any or all bids, reject any particular item on a bid, and to
waive immaterial formalities and to accept the offer most advantageous to the City of Lubbock in its sole
discretion. Unless otherwise specified herein, the City shall award the bid based on the total bid for Bid
Items 1 through 13 plus the sum of any Alternate Bids the City may select.
32.2 All bids are evaluated for compliance with specifications before the bid price is considered. Response to
specifications is primary in determining the best low bid. Failure to comply with the specifications may
result in disqualification of the bid.
32.3 In case of tie bids, preference will be given to local bidders. Consistent and continued tie bidding may be
cause for rejection of bids b the City of Lubbock and/or investigation b the Attorney General to
J Y Y g Y Y
determine possible Anti -Trust violations.
_r
32.4 Before the City may award a bid to a nonresident bidder, the nonresident bidder's bid must be lower than
lowest bid submitted by a responsible Texas bidder by the same margin or amount that a Texas bidder
would be required to underbid the nonresident bidder in the nonresident bidders' home state.
32.5 Any contract made, or purchase order issued, as a result of this Invitation to Bid, shall be entered into the
State of Texas and under the laws of the State of Texas. In connection with the performance of work, the
Bidder agrees to comply with the Fair Labor Standard Act, Equal Opportunity Employment Act, and all
other applicable Federal, State, and Local laws, regulations, and executive orders to the extent that the
same may be applicable.
32.6 NO INDIVIDUAL OF ANY USING DEPARTMENT HAS THE AUTHORITY TO LEGALLY
AND/OR FINANCIALLY COMMIT THE CITY TO ANY CONTRACT, AGREEMENT OR
PURCHASE ORDER FOR GOODS OR SERVICES, UNLESS SPECIFICALLY SANCTIONED
BY THE REQUIREMENTS OF THIS INVITATION TO BID.
No Text
REVISED BID SUBMITTAL
UNIT PRICE BID CONTRACT
DATE: Fed d . 0Z O O (o
PROJECT NUMBER: #05-148-13M - NIAC DAVIS LANE AND AVENUE V EXTENSION PAVING AND
DRAINAGE IMPROVENVIENTS
Bid of l � jaS T I X �iS f}y t /J �? ti �- . (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 to Bid for the construction of a MAC DAVIS LANE AND
AVENUE V EXTENSION PAVING AND DRAINAGE IMPROVEMENTS having carefully examined the
plans, specifications, instructions to bidders, notice to bidders and all other related contract documents and the site
of the intended work, and being familiar with all of the conditions surrounding the construction of the intended
project including the availability of materials and labor, hereby intends to furnish all labor, materials, and
supplies; and to construct the project in accordance with the plans, specifications and contract documents, within
the time set forth therein and at the price stated below. The price to cover all expenses incurred in performing the
work required under the contract documents.
Estimated
Item Quantity
No. & Unit Description of Item Total Amount
1. 9,849 SY Standard City of Lubbock asphalt paving, Type "D", including
1 '/z" HMAC, 6" caliche base, and all subgrade preparation to include
all necessary removal and disposal of existing asphalt surface
(caliche base to be reused for fill), furnished and installed, complete
and in -place.
MATERIALS: el G fe r lio t-" Kt $ 8,6M /SY(7d?J- )
LABOR: -S C (J f Iy $ 7 6• /SY(44 f Y3 L )
TOTAL
BID ITEM #l: 6ErL") 1)01-(,,4
(Unit Price Amounts shall be shown in both words and
N0
/J
Y7.736 t,
In case of discrepancy, the amount shown in words shall
n-� n , Bidder's Initials
Estimated
Item Quantity
No. & Unit Description of Item Total Amount
3,482 SY 6" Portland cement concrete paving, City of Lubbock Class C
concrete, used in parallel parking areas, fillets and valley gutters,
including all subgrade preparation, curbing, reinforcement, jointing
and sealing, furnished and installed, complete and in -place.
MATERIALS: 7 W ,/1Z T7 D A) rr Dry L &,A&z f N jyro $ _�/ �' SY( /07 f Y Z• )
111016.
IN
N
•a
TOTAL ••
BIDITEM#2: �,"/JCjV 7 G- D noLl-AX5 ,f ��ao $ ;SY(aLf CMI
un_ )
(Unit Price Amounts shall c shown in both words and numerals. In case ofdiscrepancy, the amount shown in words shall gov .)
3. 188 SY 6" Portland cement concrete paving, City of Lubbock Class B
concrete, used in non-standard alley returns, including all subgrade
preparation, curbing, reinforcement, jointing and sealing, furnished
and installed, complete and in -place.
MATERIALS: 7-1/it ry b A/4- 40 L LAO S I/ � a? $el/ /SY( S W ", )
LABOR: 7'�Ar y in D D C..-•Nu ev 2,►z $ 3t 1SY(5S Z9 )
TOTAL / BID ITEM #1 _57 CTV 7"W O �0 LLA/ts �t Nloa $�!!Z - /SY( ! Jtp }
(Unit Price Amounts shal be shown in both words and numerals. In case of discrepancy, the amount shown in words sltall!llgggovcm.)
4. 147 SY 6" Portland cement concrete paving, City of Lubbock Class A concrete,
used in standard City of Lubbock driveways, including all subgrade
preparation, curbing, reinforcement, jointing and sealing, furnished and
installed, complete and in -place.
uMTF.1
a L-LAAS '1 ~7Va R.3/
.e
LABOR: T?-fiF_ /� hnliF D01-f x/U d ��a'o $.31 �� ;SY('yS`Sr7 ~ )
TOTAL
BID ITEM #4: S*iX
(Unit Price Amounts shall
N
!;�
TW U 0044,Att.51" /lap /SY(
shown in both words and numerals. In case of discrepancy, the amount shown in words
ea
3,106 LF Standard 24" curb and gutter and 24" sawtooth curb and gutter,
City of Lubbock Class A concrete, including alll subgrade preparation
and jointing, furnished and installed, complete and in -place.
MATERIALS: S/ k b O 1-1-,1 ttf
LABOR: $ 1p ,LF(I
TOTAL AJ e/ 1 °'
BID ITEM #5: %GIIEG (%� �OC.L/¢/ZS `� J,ao $ 1p? R3 7a 79 )
(Unit Price Amounts shall be shown in both words and numerals. In case of discrepancy, the amount shown in words shall g vem.)
Bidder's Initials
Estimated
Item Quantity
No. & Unit Description of Item Total Amount
6. 253 LF 9' wide crosswalk including removal of pavement and base, placement
of concrete base and edging, City of Lubbock Class C concrete, brick
pavers on 1" masonry sand cushion, all subgrade preparation and jointing,
furnished and installed, complete and in -place.
MATERIALS: 6 FTT$e D 04 ii Rots J 4/ s( b+ $.� l" /LF( 14,16S 0 )
LABOR: F/FTy t) n "OlotS q- �$ .SD/LF(1Z"0 )
TOTAL go
BID ITEM#6: DNS f-fGtrAJDReD +fia LL-AAf-4 A�oa $� �� J /LF( c2S )
(Unit Price Amounts shall be shown in both words and numerals. in case of discrepancy, the amount shown in words shall govern.)
7. 1 LS Utility adjustments including 6 manholes and 21 water valves
in paved areas, complete and in -place.
or
MATERIALS:.SC t)E AJ 7(t 'H0 fRNA V P + $2'0aT a /LS( 1000 " )
LABOR: Se (/C-N 7*0 tDusm P!a tr' Afta. $ i6dy~ /LS( ZOdaTOTAL
}
a'
BID ITEM #7: F0 Gl t ?-E/d ?ttO uSyyp /lo a $ 1/040 1LS( Q Q 6 )
(Unit Price Amounts shall be shown in both words and numerals. In case of discrepancy, the amount hown in words shall g cm.)
8. 11 MO Traffic Control, including temporary barricades, signage,
traffic handling and other traffic control devices, furnished and
installed, complete and in -place.
r
MATERIALS: Q AJ 4-7W O it S i4.0 G t /0�000 $ /yoa /MO(//
Ala
LABOR: OAJ f Tf[OG[S/1NO d' Ala
$ /D00 /Moil/00000 )
TOTAL AJ / •�
BID ITEM #8: tu 0 7-/40UJ R.Jn Q ,,*g $ Aaoe /MO(,M Dd O )
(Unit Price Amounts shall be shown in both words and numerals. In case of discrepancy, the amount shown in words shall govern.)
9. 6,552 LF Remove and legally dispose of existing curb and gutter, including
any remaining miscellaneous concrete, and all necessary incidentals
to complete the work..
MATERIALS: N 0 A)15 $ O /LF( b }
LABOR: S/!,- D 0 L L. A aj 'f" N�, a �
TOTAL 4
BID ITEM #9: -5,/k O 0 (_(Atugt /Y" $ /LF(J
(Unit Price Amounts shall be shown in both words and numerals. In case of discrepancy, the amount shown in words shall g em.)
Bidder' Initials
3
Y `>
Estimated
Item Quantity
l No. & Unit Description of Item Total Amount
10. 1,100 SY
Remove and legally dispose of existing concrete slabs, including fillets
1
and valley gutters, existing driveways and alley approaches including
integral curbing, and all necessary incidentals to complete the work.
01
MATERIALS:
/V ONE /SY( 0 )
LABOR: liV E
jt( ry F 10 E Ott l- (- A 0- S 't � n $ ?,S •_ l SY( ;I 5-00 • • )
TOTAL
BID ITEM #10:
'7
Gt)�NT F/ UE L7a t-t�ItS lSY o2 SO D
(Unit Price Amounts shall be shdGn in both words and numerals. In case of discrepancy. the amount shown in words shall go em )
11. 140 LF
Conduit, 4" Schedule 40 PVC, at apartment driveway including
excavation and backfill (flowable fill backfill in paved areas),
furnished and installed, complete and in -place.
MATERIALS: -�_X/U
00 L i-& Rf Aj 6 a $ /y /LF( /Y w- �• )
LABOR:
•
"' )
TEN DO t_40t+y �' ��c•+� $%Q �- !LF( Pi paTOTAL
BID ITEM#11:
e IV Tte b0LI-AA4 ��c•�• $ O�D� /LF(�O �� 1
(Unit Price Amounts shall be shown A both words and numerals. In case of discrepancy. the amount shown in words shall tovem.)
12. 4 EA
Irrigation taps, including 2" Schedule 40 PVC, corporation stop,
1 t/2" meter and 2" valve in meter box at locations to be determined
furnished, complete.
MATERIALS: /9/(JC
Hu Iy 4 2 Fd a AjYb a " /EA( ZP 0,0..
)
LABOR:
i466lit,G12ca N' k��� $ 506" /EA( 2-000-
TOTAL
BID ITEM # 12: (� /\!
N p r
?1�W �,c.S �4�+1 p t �a + $ 461 ,'EA(
(Unit Price Amounts shall be shown in both words and numerals. In case of discrepancy, the amount shown in words shall ovem.)
13. 1 LS
Storm Water Pollution Prevention Plan, including filing
Notice of Intent/Termination forms, inspections, record keeping,
maintenance, silt fences, hay bales, sand bags, diversion swales and
any other measures and/or incidentals required for compliance with
TPDES permit
MATERIALS: �I)EkZy
?/5t06l,�iJf✓rJ �`- N� �' $ 2ta 000 "/LS(at01
LABOR: fLyENZc$ao,a#0
!LS(ao *do! )
TOTAL �y ih
BID ITEM #13: r0lZ Ty 7_/5`OU_fANb /�O (. "S4 Y+ $ v000' lLS 0 000
(Unit Price Amounts shall be hown in both words and numerals. In cast of discrepancy. the amoun show ' words s all g vem)
Pidder's Initials
Estimated
Item Quantity
No. & Unit Description of Item Total Amount
14. 2,166 SY Remove and legally dispose of brick pavers and concrete base in
10'11 Street, including delivery of bricks to City of Lubbock stockpile
and necessary incidentals to complete the work, complete.
MATERIALS: $ O /Sy( C }
LABOR: S/ .le r L L A r2.s t $ /SY /Z f P4 )
TOTAL -
BID ITEM #14: cam/ !L D U LC A /2S 90 �,
(Unit Price Amounts shall be shown in both words and numerals.
L7
In case of discrepancy. the amount shown in words shall
to-
TOTAL BID, ITEMS #1—#14:
-�-uJ o �utie I! 6C � Si X ry Ni wF, T" ks*lvp
MATERIALS: El #7 MgmR,e�'0 or Firs ��va $.?6t�Co>r (.Zt�.i80r )
TiWCEEf/a,�t►REO -rn;oc ry N/IuO 7'H0t4S &,6
LABOR:jVyEN/'fK.t.OkD JpsikT✓ form 0ots.AAr a' d oe $33Q2►Gy(33176y )
TOTAL BID
ITEMS #1 - #14: r-1 $10 9VWh1W0 wB aLN' i A014 60mif
(Unit Price Amounts shall be shown in both words and ttffumerals. In case of discrepancy, the amount sliown in words shall Bove .)
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 substantially complete the project within 165 (ONE HUNDRED
SIXTY-FIVE) working days thereafter as stipulated in the specifications and other contract documents. Bidder
hereby further agrees to pay to Owner as liquidated damages the sum of $25 (TWENTY FIVE) for each
consecutive calendar day in excess of the time set forth herein above for completion of this project, all as more
fully set forth in the general conditions of the contract documents.
Bidder understands and agrees that this bid submittal shall be completed and submitted in accordance
with instruction number 28 of the General Instructions to Bidders.
Bidder understands that the Owner reserves the right to reject any or all bids and to waive any formality
in the bidding.
The Bidder agrees that this bid shall be good and may not be withdrawn for a period of thirty (30)
calendar days after the scheduled closing time for receiving bids.
The undersigned Bidder hereby declares that he has visited the site of the work and has carefully
examined the plans, specifications and contract documents pertaining to the work covered by this bid, and he
further agrees to commence work on or before the date specified in the written notice to proceed, and to
substantially complete the work on which he has bid; as provided in the contract documents.
Bidders are required, whether or not a payment or performance bond is required, to submit a cashier's
check or certified check issued by a bank satisfactory to the City of Lubbock, or a bid bond from a reliable surety
company, payable without recourse to the order of the City of Lubbock in an amount not less than five percent
(S%) of the total amount of the bid submitted as a guarantee that bidder will enter into a contract, obtain all
required insurance policies, and execute all necessary bonds (if required) within ten days after notice of
award of the contract to him.
Bidder's Initials
5
Enclosed with this bid is a Cashier's Check or Certified Chec
Dollars ($ ) or Bid Bo in the sum of
Dollars ($ ), whtc i is agreed shall be collected and
retained by the Owner as liquidated damages in the event the bid is accepted by the Owner and the
undersigned fails to execute the necessary contract documents, insurance certificates, and the required
bond (if any) with the Owner within ten (10) business days after the date of receipt of written notification of
acceptance of said bid; 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.
Pursuant to Texas Local Government Code 252.043(a), a
competitive sealed bid that has been opened may not be
changed for the purpose of correcting an error in the bid price.
THEREFORE, ANY CORRECTIONS TO THE BID PRICE
MUST BE MADE ON THE BID SUBMITTAL FORM PRIOR
TO BID OPENING.
(Seal if Bidder is a Corporation)
ATTEST:
Secretaiy V 6
Bidder acknowledges receipt of the following addenda:
Addenda No. I Date
Addenda No. Date
Addenda No. Date
Addenda No. Date
r 1 i
V-
A61A�
or Typed Name)
s 9-AU17..6.1rv.
u ice. ,—,A
Address j
/�80gt. ,�.cc1SO0 CA-
c� cogYb
State Zip Code
Telephone: _ - 8 G 3.3 5 ro
Fax: -i. M 6
M/N'BE Firm: f I Woman I d Black American I J Native American I
Hispanic American I I Asian Pacific American I I Other (Snecifv) I
LIST OF SUBCONTRACTORS
1.
Minority Owned
Yes No
❑ ❑
2.
❑ ❑
3.
❑ ❑
4.
❑ ❑
5.
❑ ❑
6.
7.
❑ ❑
❑ ❑
s.
❑ ❑
9.
❑ ❑
10.
❑ ❑
THIS FORM SHALL BE COMPLETED AND RETURNED ALONG WITH
INSURANCE CERTIFICATES FOR EACH SUB -CONTRACTOR PURSUANT
TO SECTION 28G OF THE GENERAL CONDITIONS.
7
CITE' OV UjAhotk
INSURANCE REQUIREMENT AFFIDAVIT
To Be Completed by Bidder
And Attached to Bid Submittal
I, the undersigned Bidder, certify that the insurance requirements contained in this bid document have been
reviewed by me with the below identified Insurance Agent/Broker. If I am awarded this contract by the City of
Lubbock, I will be able to, within ten (10) business days after being notified of such award by the City of
Lubbock, furnish a valid insurance certificate to the City meeting all of the requirements defined in this
bid/proposal.
yl� ho
Co actor (Si ture) Contractor (Print)
CONTRACTOR'S FIRM NAME: F-SZ' /E M c �i9� Iw JAJ
(Print or Type )
CONTRACTOR'S FIRM ADDRESS: P- a 6 ox b 7( 0 7
kuQaod.- 1 72Y4 Y
Name of Agent/Broker: �/
Address of AgentBroker: 63L -3 A-W A
e City/State/Zip: L mo c'�-
Agent/Broker Telephone Number:
t Date: ;2--2
NOTE TO CONTRACTOR
If the time requirement specified above is not met, the City has the right to reject this bid/proposal and
award the contract to another contractor. If you have any questions concerning these requirements, please;
contact the Director of Purchasing & Contract Management for the City of Lubbock at (806) 775-2165.
BID #05-148-BM - MAC DAVIS LANE AND AVENUE V EXTENSION PAVING AND DRAINAGE
IMPROVEMENTS
SAFETY 9F-Okb QUtSTIONNAIRE
(Must Be Submitted With Bid Submittal)
The City of Lubbock City Council desires to avail itself of the benefits of Section 252.0435 of the Local
Government Code, and consider the safety records of potential contractors prior to awarding bids on City
contracts. Pursuant to Section 252.0435 of the Local Government Code, City of Lubbock has adopted the
following written definition and criteria for accurately determining the safety record of a bidder prior to awarding
bids on City contracts.
The definition and criteria for detenmining the safety record of a bidder for this consideration shall be:
The City of Lubbock shall consider the safety record of the bidders in determining the responsibility thereof. The
City may consider any incidence involving worker safety or safety of the citizens of the City of Lubbock, be it related
or caused by environmental, mechanical, operational, supervision or any other cause or factor. Specifically, the City
may consider, among other things:
a. Complaints to, or final orders entered by, the Occupational Safety and Health Review Commission
(OSHRC), against the bidder for violations of OSHA regulations within the past three (3) years.
b. Citations (as defined below) from an Environmental Protection Agency (as defined below) for violations
within the past five (5) years. Environmental Protection Agencies include, but are not necessarily limited
to, the U.S. Army Corps of Engineers (USACOE), the U.S. Fish and Wildlife Service (USFWS), the
Environmental Protection Agency (EPA), the Texas Commission on Environmental Quality (TCEQ), the
Texas Natural Resource Conservation Commission JNRCC) (predecessor to the TCEQ), the Texas
Department of State Health Services (DSHS), the Texas Parks and Wildlife Department (TPWD), the
Structural Pest Control Board (SPCB), agencies of local governments responsible for enforcing
environmental protection or worker safety related laws or regulations, and similar regulatory agencies of
other states of the United States. Citations include notices of violation, notices of enforcement,
suspension/revocations of state or federal licenses or registrations, fines assessed, pending criminal
complaints, indictments, or convictions, administrative orders, draft orders, final orders, and judicial final
judgments.
Convictions of a criminal offense within the past ten (10) years, which resulted in bodily harm or death.
d. Any other safety, related matter deemed by the City Council to be material in determining the
responsibility of the bidder and his or her ability to perform the services or goods required by the bid
documents in a safe environment, both for the workers and other employees of bidder and the citizens of
') the City of Lubbock.
In order to obtain proper information from bidders so that City of Lubbock may consider the safety records of
j potential contractors prior to awarding bids on City contracts, City of Lubbock requires that bidders answer the
following three (3) questions and submit them with their bids:
QUESTION ONE
Has the bidder, or the firm, corporation, partnership, or institution represented by the bidder, or anyone acting for
such firm, corporation, partnership or institution, received citations for violations of OSHA within the past three
(3) years? /
YES
If the bidder has indicated YES for question number one above, the bidder must provide to City of Lubbock, with
its bid submission, the following information with respect to each such citation:
Date of offense, location of establishment inspected, category of offense, final disposition of offense, if any, and
penalty assessed.
�: 9
t 'a
QUESTION TWO
Has the bidder, or the firm, corporation, partnership, or institution represented by the bidder, or anyone acting for
such firm, corporation, partnership or institution, received citations for violations of environmental protection
laws or regulations, of any kind or type, within the past five years? Citations include notice of violation, notice of
enforcement, suspension/revocations of state or federal licenses, or registrations, fines assessed, pending criminal
complaints, indictments, or convictions, administrative orders, draft orders, final orders, and judicial final
judgments.
YES NO�
If the bidder has indicated YES for question number two above, the bidder must provide to City of Lubbock, with
its bid submission, the following information with respect to each such conviction:
Date of offense or occurrence, location where offense occurred, type of offense, final disposition of offense, if
any, and penalty assessed.
QUESTION THREE
Has the bidder, or the firm, corporation, partnership, or institution represented by bidder, or anyone acting for
such firm, corporation, partnership, or institution, ever been convicted, within the past ten (10) years, of a criminal
offense which resulted in serious bodily injury or death?
f
YES NO
If the bidder has indicated YES for question number three above, the bidder must provide to City of Lubbock,
with its bid submission, the following information with respect to each such conviction:
Date of offense, location where offense occurred, type of offense, final disposition of offense, in any, and penalty
assessed.
ACKNOWLEDGEMENT
THE STATE OF TEXAS
COUNTY OF LUBBOCK
I certify that I have made no willful misrepresentations in this Questionnaire nor have I withheld information in
my statements and answers to questions. I am aware that the information given by me in this questionnaire will be
investigated, with my full permission, and that any misrepresentations or omissions may cause my bid to be
rejected. n
r e �StDEN7
Title
SUSPENSION AND DEBARIV[ENT CERTIFICATION
Federal Law (A-102 Conunon Rule and OMB Circular A-110) prohibits non -Federal entities from contracting
with or making sub -awards under covered transactions to parties that are suspended or debarred or whose
principals are suspended or debarred. Covered transactions include procurement contracts for goods or services
equal to or in excess of $25,000 and all non -procurement transactions (e.g., sub -awards to sub -recipients).
Contractors receiving individual awards of $25,000 or more and all sub -recipients must certify that their
organization and its principals are not suspended or debarred by a Federal agency.
Before an award of $25,000 or more can be made to your firm, you must certify that your organization and its
principals are not suspended or debarred by a Federal agency.
I, the undersigned agent for the firm named below, certify that neither this firm nor its principals are
suspended or debarred by a Federal agency.
COMPANY NAME: &S 6 .L
r
Signature of Company Official:
_4 I
Date Signed: -Z 0 L
Printed name of company official signing above: 16KN II&Ou
Feb 01, 06 10:368
P.1
Western Surety Company
811) BOND
Hond No. 22753446
KNOW ALL MEN BY T11ESF. PRF.SF:NI'S, that we, West, Texas Paving, Inc., as Principal
(hereinafter called the "Principal"), mid Western Surety Company.
P.O. Box 5077, Sioux Fails, SD 57117-5077(hercitiafter called the "Suety"), are held .and firmly
bound unto C of.!✓t�bbock, as Obligee, (hereinafter called the "Obligee"), in the sum of 5% of
the amount of the hid dcscribed below, but not to exceed Thirlv_tive. thmmanci Dollar. ($35,()(m)
for the payment of which sum well and truly to be made, the said Principal and the said Surety,
hired oumclvc s-, our heirs, executors, administrators, succc-ssors and assigns firmly by these
presents.
WIIFREAS. the Principal has submitted a bid to Obligee liar Mac Davis lane and Ave. V
E;xtension.Payingai d Drainage lmprovCments.
NOW. TIIf'RFFORF., It' the contract ix: timely awarded to the. Principal ;utd the Principal shall
enter into a contract with the Obligee in accordance with the terms of such bid or, in the event of
the failure of the Principal to enter into such a contract, il'the Principal shall pay to the Obligee
the difl'erenre not to exceed the penalty hereof between the amount specified in said bid and the
next low bid received by the Obligee for the work covered by Principal's bid, then this obligation
*hall be null and void, otherwiw to remuin in full turce and etTect.
PROVIDED, HOWEVER, neither Principal nor Surety shall be bound hereunder unless Obligee
prior to execution ol'the final contract shall furnish evidence in a manner and torm acceptable W
Principal and Surety that financing has been firmly committed to cover the entire cost of the
project.
SIGNED. sealed and dated this 2nd day of Feb., 2006.
f�Jl RIA11%��.
Western Surety Coro any
K&64.1 N. Rudbcrg
Attorney-m-Fact
0
rcvV ua uo LU:ooa P•2
1(rra:,orahte' " Kriow All Men In• These Presents.- No, St' 22753445
1'hat thI, Vo,•ci ,ii ,dirt tl.•+' 1, rta,1 call,I ar to elfeer vtlsle•' aU h'hull to II,r h ut „hiih it al, th„ %i - caCCvtili. hilt m.,, I.w LI.n ha•! ht III< .tl;lil run:;
oliKcr 11 lk+iietl. That 1i'yttoni Surety Crli yxv. it eullxltJliun. dllea hciiI makt•. tltn,tiailti .Intl appollt Ihi 1011411
THREE _ attth,it�,�tt ileat,t htll,
.I" I'll. Is Ill7Ca, IVnll fill ♦t c U'a'I1(SQi%S'tl 1\1)1flll U N
DAVID p SARRIE MICHAEL NORMAN R008ERG
SUSAN E CRAIN
in the Citt ut DALLAS o1 TEXAS, tit lnitllca .tu:U.aRc n, ntu• .nw
t.rq hl{ 14.+I-n.•a..Y in IJ,,t .. Sill lint (+, rive.•! JnJ Juthont, h.:dF•' canl.•rrr J, tv .rn. cwr, ,:t.•. achn•1,a I: •Si.• unal .ta i.:r (: a. ..tried •`l• N. F: h.ilt .. Situ. tt
the follownq 'iewn11tA Kill&
810 PERFORMANCE", AND/UR PAYMENT 50NO IN ADDITION THE R=LATED
TRANSACTIONS SUCH AS CONS=NTS OF SURETY* RIDERS AND LETTERS OF
INTENT MAINTENANCE AND WARRANTY BONGS PROVIUING THE 90ND PENALTY
DOES NbT EXCEED FIVE MILLION AND NO/106 DOLLARS (**5 000,000.00).
+*«*«**«****s***s�ss*«*>tt*«**i�*«**r**s*s««=**«>«*rls*s*li,�*sir«*s:s«*#�*s1►er
itlRs•s!«!*Est*♦i11**i>t*r*>rftYi**!*tsla*«Illys►�*Ir;r•s4l#i+r*s+kra**lrkllVill **rK**
The xkntoa+lcti'meth atul ! xostifm of i-uch hlit ll ha the .aid Atconvy In Fait ,hall h� .t, bmdi%, kli,oll tht -
C'turyam it, if >twh bold hassi been e•ye611tod :tail wWolaltd,'cQ h, the rruulark cic4ti� III lhef• of thu l arytltrttea
Ali :1Uthilrlit Il:rohl confltrivd ilmll %:Npirc I(IJ tatrtIIittdte• 'AIt11%1U1 Ill IIjeC. 11t11Cn, tl„•ll hc2 +r nlleltu_hi
JANUARY 31 231C.. Nit ullti[ such trite .bill ht• irro%,kihle •jllj tit tint folvc .41d 04,61.
"ES11:RV SURETY (Y)>IPIST f,utthr ,[Ethic, thv dq :-4m,n; I, J !n.w .uld :,.eat rlq•c .,I Fvu,xf ' .11 JV 11-I..iu, J 11t,lnu su'l, I .• q•u:' .!Ili, 0,411,1 . .4 n..l.
In 1ara. Ua 1m:—;&tINI .it hxr l,, jual" w, Un.1craislatt.. 1'merl• .,I limmun..,r ,+Ih,•r ,,hll atu•n• .J 'It. ,1111%-unnl •h.Itl IV ;..: f.1•d al .h.•i III, , .,eq•aln
h+ the Ptc.tJ,nit, titan tar,. Jm A-a,lam S%vet.ua. Tira•utrl. or .tm yno I7hnt.ml..,r h, wa8 .itt v •,lr1, o+ .t. Ilia Ilov.l .,I Rwo.x, nuts ,.vwrv: tlfa 1r,: •xl:nl..uf. \
NVIIII M, gc%:mjm. aria .\.ai,tint S:.raallt. ter Ilk Itc..,tlr,r lu.fa gtpnnt lim,ittae. Ili Fit or 1 m, etn, .halt hm%e wlh.,in, a• l,•.a +w•u.1•. Iw.b.l.• al unA:rt..►un•, I, III;
nmty of file• Canparr' The uxiliwA: •..,at f, Irn Ife'q•,v:I, lai ilk 1Jll,l717 nt Jm N'lld. r.w,y,. uthlm Allip. P„++et, A ►ltmw) "I .•Ihrr .,i•at•.tfann :l :1t,• ,.•rlwc.al.,rf. Ily
.iII'n]Wrc a+l ;an ,ual 44war and lit• a,1rra7N •call mJ) N. ;Nlilwil 1.) IJrvnute
Tk- 1\nJi iswunt Ill Ihr lurid herein k,,stx:J nu, th tc:r:.tn'.! it IhVrc n .dat,h.,! Io ills, !'•,uar. wntl:a .anlumn .yntr,•nrin, Ill It. :.sun •,t of .n.l•n .u,:ui Jo:,, ,
CICXIrtn •I ned Ili :hr 6;nw, I nttt'nantin (711i 9. t r.Jcrust(mg l tlkccr, 1'r: .ticiN, \ ttc {+i c•Idint..\••i •lanl t rc 1'r;,ntrm. Trt.i.tncr. 1t,r i 7, .'I 1..1,'. it 1;, ,i.u, •'I H; I—,
Wrrry C••enpJs., av:Ili:allw :...IM.n.,..,_...�ni •r.arca,r.
IN `61 1 %1'K% \ wstrov w?+t:fn lulm t'l,wrx a h.1, c uw.v Jtc,n 111001. h. IN; :,:,Mild h, It, sert!or \ ue Itr,IJ¢nt uuN Ile a.11wali •c.r' .I!tl,:,: 17•. _.._ : �t.. .
11EST1 t•c111Ill III `1
S I -ATE Or: SO)l'Tfl DAKO I A
t+.
COL'\'tY Oh \I}\\kH:1H;1 Scul,,r 1u,• Pn• ,t,,fl
d.., .,f .:\j1I'It. .... in try' ;.,r Y•.�IN1.' .. ... t•: nn: Ole. \. t.a, !'u;•II, 1v,•, ..d:
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i. ll.trN tad�r.t .n.l ,Heir Wr,: 1a :,. tY Ihr r.d.an.u, .,.. .Ira Ar,l .n ..uJ „•f l•Lul.«s
�!f�MQTARI' V(IKiG / u r
4ALa
JSoutN DAKOTA S Nouns 11uhlic. South Uakuta
My e;OftlwySta)+t E•t7,rCs mvernEr+ 3"] arwn
i. :II; plhill,It:IrJ 1111ae1 .1 111 lit \.,vies 4"'-p In, .1 ,t,\A ♦,arF.nnNls „I ills, \l.rla .. ,•,11111 tl;l�.'(.4..I,r Ih`rrt', 1'l "'.11 1, 11 lih:,l f\,11rr ,•l tit.„Ills r, ttl t„tl
btp' Awl :Il:,t ....! th.t, Slit Nl • .t ,Ia' tie.1 do..it JN• .,T,gtal, i, yl 1.u1t1 Ill tl'i I'YN• 1 r.l \fl, rt' + /h L.•N , � tPl..
!n is .n.e, xr. ,•ht[r•d i 4a•,: hrtr,mc.. vl rite hJ.ul .uul Ill: : ,1 .,1 1t:,1: in tiurcn t',nrq,.rn, .h1, •. .^� Sr. .+t _.•/,` C3 _ zodw
Tin, ,1.11E nlu.l ht• ftIIII to beG,re it Ii anaaud
rn the• l+,itld .tnlf It ttlu,t h. t11c sank: cult: .Iw tlh• Mal
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NCTICJ: I — io•o.•.. 1301t: nyi ill JI •• , r , r
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E-4
STATUTORY PAYMENT BOND PURSUANT TO SECTION 2253.021(a)
OF THE TEXAS GOVERNMENT CODE
PJ(CONTRACTS MORE THAN $25,000)
F-1 KNOW ALL MEN BY THESE PRESENTS, that (hereinafter called the Principal(s),
as
Principal(s), and
(hereinafter called the Surety(s), as Surety(s), are held and firmly bound unto the City of Lubbock (hereinafter called the
Obligee), in the amount of Dollars ($ ) 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
20 , to
day of
and said Principal under the law is required before commencing the work provided for in said contract to execute a bond
in the amount of said contract which contract is hereby referred to and made a part hereof as fully and to the same extent
as if copied at length herein.
NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the said Principal shall pay
all claimants supplying labor and material to him or a subcontractor in the prosecution of the work provided for in said
contract, then, this obligation shall be void; otherwise to remain in full force and effect;
PROVIDED, HOWEVER, that this bond is executed pursuant to the provisions of Section 2253.021(a) of the
E" Texas Government Code, and all liabilities on this bond shall be determined in accordance with the provisions of said
Article to the same extent as if it were copied at length herein.
3
Surety
IN WITNESS WHEREOF, the said Principal (s) and Surety (s) have signed and sealed this instrument this
_ day of 20
1
(Company Name)
By:
(Printed Name)
(Signature)
(Title)
Western Surety Company
PERFORMANCE BOND
Bond No. 22754879
KNOW ALL MEN BY THESE PRESENTS:
That we, West Texas Paving, Inc. (Contractor), as Principal, and WESTERN SURETY COMPANY. of
Sioux Falls. South Dakota. as Surety. are held and firmly bound unto Cif of Lubbock (Owner), as Obligee, in the penal sum of
Six Hundred Nine Thousand Five Hundred Sixty -Nine DOLLARS ($ 609,569.00). lawful money of the United States of
America, for the payment of which, well and truly to be made. we bind ourselves. our heirs. executors. administrators, successors
and assigns, jointly and severally, firmly by these presents.
WHEREAS, said Contractor, Principal herein, has, by written agreement dated 2/27/06. West Texas Paving. Inc..
entered into a contract with owner for Mae Davis Lane & Avenue V Extension Paving & Drainage Improvements
in accordance with drawings and specifications prepared by
which contract is by reference made a pan hereof. and is hereafler referred to as the "Contract."
NOW. THEREFORE. a condition of this obligation is such that. if the contractor shall faithfully perform work
contracted to be performed and comply with all provisions of the Contract. then this obligation shall be void: otherwise to remain
in full force and effect. The total amount of the Surety's liability under this bond shall in no event exceed the penal sum hereof.
No right of action or recovery shall accrue hereunder to or for the use of any person or entity other than the Owner
named herein. its heirs. executors. administrators or successors.
Provided. however, as to the Owner, the right of recovery shall be upon the following expressed conditions. the
performance of which shall he a condition precedent:
First: That in the event of am default on the pan of the Principal. written notice thercofshall be delivered to the Surety
as promptly as possible. and in any event within ten (10) days after the Owner shall become aware of such defaults. no further
payments shalt be made under the said Contract without the written consent of Surety. If the Principal shall abandon said
Contract of be compelled by the Owner to cease operations thereunder. then Surety shall have the option to proceed or procure
others to proceed with the performance of such Contract. and all reserves. deferred payments, and other monies provided by said
Contract to be paid to the Principal shall be paid to the Surety. at the same time and under the same conditions as by the terms of
said Contract such monies would have been paid to the Principal had the Contract been performed by the Principal, The Surety
shall be entitled to all such payments and monies in preferences to any assignee of the Principal or am adverse claimant: but if
the Owner shall complete or re -let the Contract . all reserves. deterred payments or other monies remaining after payment for
such completion shall be paid to the Surety or applied as the Surety may direct toward the settlement of any obligation or liabiliq
incurred hereunder.
Second: That the Owner shall faithfully perform al of the terms, covenants and conditions of said Contract on the part
of the Owner contracted to be performed, In no event shall payment or payments to the Contractor for Owner be in an amount
Greater than ninety percent (9Vb) of the value of the work performed by Contractor to the date of such payment. Owner shall
retain the remaining ten percent (10%) of all payments and all reserves or deferred payments for a period of thirty (30) days after
completion and acceptance of the total project by the Owner. or a period to correspond to the applicable lien period in which
notices of claims or claims of lien by persons performing work or furnishing materials may he files, or until all such claims hatie
been paid. unless the Surety shall consent in writing to the payment ofsaid final payment. reserve or deferred payments.
Third: That the Surety shall not be liable for any damages resulting from strikes, labor difficulties. or from mobs. riots.
civil commotion, public enemy. tire. the elements, shilling of elements, acts of God or defects or faults in the plans or
specifications referred to in said Contract or fir repairs or reconstruction of any work or materials damaged or destroyed by any
of said causes: or fir damages arising out of injuries to persons or progeny of liar the death of any person or persons, or by virtue
of anv statutory provision for damages or compensation for in ury to or the death of am employee: or for the infringement or
validity of any patent: or tier the efficiency or wearing qualities of any, work done or materials furnished or the maintenance
therelix repairs thereto: or for the furnishing ofany bond or obligation other than this instmmient.
STATUTORY PERFORMANCE BOND PURSUANT TO SECTION 2253.021(a)
OF THE TEXAS GOVERNMENT CODE
(CONTRACTS MORE THAN $100,000)
KNOW ALL MEN BY THESE PRESENTS, that (hereinafter called the Principal(s), as Principal(s), and
51i" (hereinafter called the Surety(s), as Surety(s), are held and firmly bound unto the City of Lubbock (hereinafter called the
Obligee), in the amount of Dollars ($ ) lawful money of the
Ll0United States for the payment whereof, the said Principal and Surety bind themselves, and their heirs, administrators,
3£ 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
, 20—, to
U-
and said principal under the law is required before commencing the work provided for in said contract to execute a bond
in the amount of said contract which contract is hereby referred to and made a part hereof as fully and to the same extent
as if copied at length herein.
NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the said Principal shall
faithfully perform the work in accordance with the plans, specifications and contract documents, then this obligation shall
be void; otherwise to remain in full force and effect.
PROVIDED, HOWEVER, that this bond is executed pursuant to the provisions of Section 2253.021(a) of the
Texas Government Code, and all liabilities on this bond shall be determined in accordance with the provisions of said
yfi 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 , 20
Surety
By:
(Title)
(Company Name)
By:
(Printed Name)
(Signature)
(Title)
CERTIFICATE OF INSURANCE
UUU �c 7JYY r . rac
i%:vnt,►,� W:KI IFICATE of LIABILITY
INSURANCE 02/28/200T?
oz/za�zoas
PRODUOsR (00) 792-5564 PAX (306)792-9344
Sanford Insurance Agency
6303 Indiana Ave,
P.O. Box 64790
Lubbock. TX 79413
THIS CERTIFICATE 18 ISSUED AS A MATTER OF INFORrfItATION
ONLY AND OONFERS NO RIGHTS UPON THE CERTIFICATE
HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
A TH RAGE AFFORDED BY THE POLICIE
INSURERS AFFORDING COVERAGE
NAIC 0
wauRln West nxai Paving, Inc.
DBA: Darrell ]arnagi n
P.O. Box 64187
Lubbock. TX 19464
INSUiERA National American Ins.Co.
INOVUR a
INNURERa
INSVRGRD
INSURER E
THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED_ NOTWITNSTANDIN
ANY RECIUIREVEN- -ERM OR CONDITION OF ANY =NTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR
MAY PERTAIN, THE INSURANCE AFFORDEC BY THE POLICIES DESCRIBED HERE.N IS SUBJECT TO ALL THE TERVIS, EXCLUSIONS AND CONDITIONS OF SUCH
FOLICIES AQaREWi E LIMITS SMCVVN MAY HAVE BEEN REDUCED BY PAID CL,UMS
1N
ME OF INSuRANM
P'OUCY NUMER
FIRATION
LIMITN
A
GBNlMLUANiIUTY
X COMMERCIAL GENERAL UABILITY
CLAIMS wze a O=m
GEN'L AGGAcGATE LWIT APPLIES PEIe
POIrCY jECT F7 LOC
MPOS310041
Ol/05 200a
01/OS/2007
WHOCCURReKE
1 1000,0
IRE'NTED
MED ERP (Any ens "9*)
1 lOO ,0001
N S 0
PVWNAL A AN INA Y
1 1 QQQ Q
CENERI'IL. A64REOATE
4 2,000,000
PROCUCTS • COMPICP AOO
$ T 000,
A
AUTOMOBILE
I.IANIUTY
AAUTO
NY
ALL OMEC AU-08
8CHEDUJJD ALIT09
HIREDAUTOS
NO"IA GD AUTO$
MP0531om
61/5s zoaa
01/OS/2007 gINFD SINeLE LIMIT
"`d°"`)
BODILY NJIJkY
(PR P—M)
BpnllY rr IURY
PROMT V DAMAGE
Pw I
a
1 000
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x
GARAGE LAOIWTY
ANY ALITO
AUTO ONVe - LA ACCFWM
OTHLR ThAN EA ACC
AUTO ONLY: AGO
t
E
!
QtCEMPORELLA LWEILITY
OCOJR IJ CLAIMS MADE
DGDUCTISLE
RETENTION S
EACH CCCuRFt&NCg
N
AGGREGATE
N
s
;
:
WORKERS GOEIPEN6ATION AND
SMP oak& LU sm-rTY
ANY PROPRIETOA/PARTNEAAWB UTNE
OPFlCE"I:MBEREXCLUDED?
,T 0. eeauaw ur� �
CpGC14PRCMSIONStstlow
p?H
i AIM=
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E.L,DISEASE -EA EMPLOYE0
1
E.L.00041 POLICYLIW►T
i
OTHER
i
OEfCR1 N OP &vmarON9 i LOCATION$ r V§44UB (EXCLUS CNENTI SPECW PR0
A5 Of LUBBOGK, ITS OFFICERS, AGENTS 2010alI.s ARE NAM® RARY
DITIONAL INSUREDS ON CL A AUTO LIABILITY POLICIES AS RESPECTS TO ITSMOS-148-BM,
NDORSEMENT NCA0403, WITH A WAIVER OF SUBROGATXON IN FAVOR 4F THE CITY OF LUBBOCK
N Gl AND AUTO POLICIES.
City of Lubbock
OFFICE OF PURCHASING
P.O, Box 2000
LUBBOCK, TX 79457
ACORD 25 (2001MV)
L:AMI iEL.L.ATIy1Y
SHOULDANY OF TH! AAOYC OE7CRBIEa ►OLP:1lB BE CANCR.LEO BEFORE THE
rLXPIMrON OATH THEREOF. THE 09VIN91MEURER PALL IWOMAY001 TO MAIL
_.to— DAYS WMTfEN NOTSCE TO Tm ClImMATI Haumm NAMED TO THE LEFT,
OUTPIULUIIE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGAMCM OR LIAXLM
OF ANY KIND UPON THE IH9uRm ITS AQalm . IYEl. 9"TAI
AI:THaAIIlp RlPRlSlNt ! nr .4
RPORA7MN 1983
SRNFORD AGENCY
806 792-1 9344 P.03
IMPORTANT
If the certificate holder is an ADDITIONAL INSURED, the policy(es) must be endorsed. A statement
on this certificate doses not confer rights to the certificate holler in Ileu of such endomement(s).
if SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may
require an endorsement. A statement on this certificate does not confer rights to the certificate
holder in lieu of such erdorsement(s).
DISCLAIMER
The Certificate of Insurance on the reverse aid* of this form does not constitute a contract between
the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it
affirmatively or negatively amend, extend or alter the coverage afforded by the policies fisted thereon.
ACORD 25 (20011061
A 4 CERTIFICATE OF LIABILITY INSURANCE DATE
,
02/28/2006
i PRODUCER (806)792-SS64 FAX (806) 792-9344 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
I Sanford Insurance Agency ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
,4 HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
6303 Indiana Ave. ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
P.O. Box 64790
Lubbock, TX 79413 INSURERS AFFORDING COVERAGE NAIC #
INSURED West Texas Paving, Inc. INSURER A: National American Ins.Co.
DBA: Darrell ]arnagin INSURERS:
-� P.O. BOX 64187 INSURER C:
Lubbock, TX 79464 INSURER D:
INSURER E:
rnv�oer_cc
THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDIN
ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR
MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH
POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
IN
R DU TYPE OF INSURANCE POLICY NUMBER DATE YMAAroDlTIYY POATE ME IRATiON LIMITS
GENERAL LIABILITY MPOS310042 01/05/2006 01/05/2007 EACH OCCURRENCE $ 1,000,00(i
X COMMERCIAL GENERAL LIABILITY DAMAGE T RED $ loo' �a
j PREMISES occur n
CLAIMS MADE F-1 OCCUR MED EXP (Any one person) $ S,000
A
PERSONAL & ADV INJURY
$ 11000,000
GENERAL AGGREGATE
$ 2,000,000
GEN'L AGGREGATE LIMIT APPLIES PER:
PRODUCTS - COMP/OP AGG
$ 2, 000, 000
POLICY PRO-
JECT LOC
AUTOMOBILE LIABILITY
MPOS310042
01/05/2006
01/05/2007
COMBINED SINGLE LIMIT
ANY AUTO
(Ea accident)
$
1,000,00
_
BODILY INJURY
$
ALL OWNED AUTOS
X SCHEDULED AUTOS
(Per person)
A
BODILY INJURY
$
HIRED AUTOS
NON -OWNED AUTOS
(Per accident)
PROPERTY DAMAGE
$
(Per accident)
GARAGE LIABILITY
ANY AUTO
AUTO ONLY - EA ACCIDENT $
OTHER THAN EA ACC $
AUTO ONLY: AGG $
EXCESSIUMBRELLA LIABILITY
OCCUR r-1 CLAIMS MADE
DEDUCTIBLE
RETENTION $
EACH OCCURRENCE $
AGGREGATE $
$
$
WORKERS COMPENSATION AND
EMPLOYERS' LIABILITY
ANY PROPRIETORIPARTNERIEXECUTNE
OFFICERIMEM13ER EXCLUDED?
H yes, describe under
SPECIAL PROVISIONS below
TORY LIMITS I ER
E.L. EACH ACCIDENT $
E.L. DISEASE - EA EMPLOYE $
E.L. DISEASE - POLICY LIMIT $
ITY OF LUBBOCK, ITS OFFICERS, AGENTS AND EMPLOYEES ARE NAMED AS PRIMARY
ITIONAL INSUREDS ON GL & AUTO LIABILITY POLICIES AS RESPECTS TO ITB#05-148-BM,
NDORSEMENT #CA0403, WITH A WAIVER OF SUBROGATION IN FAVOR OF THE CITY OF LUBBOCK
GL AND AUTO POLICIES.
CERTIFICATE HOLDER
City of Lubbock
OFFICE OF PURCHASING
P.O. BOX 2000
LUBBOCK, TX 794S7
CANCELLATION
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE
EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL
10 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,
BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY
OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES.
AUTHORIZED REPRESENTATIVE
i � f �1• .
ACORD 25 (2001108) � OACORD CORPORATION 1988
IMPORTANT
If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement
on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).
If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may
require an endorsement. A statement on this certificate does not confer rights to the certificate
holder in lieu of such endorsement(s).
DISCLAIMER
The Certificate of Insurance on the reverse side of this form does not constitute a contract between
the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it
affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon.
ACORD 25 (2001/08)
F1 OP ID DATE (MMIDD/YYYY)
AcoRD CERTIFICATE OF LIABILITY INSURANCE WESTT-5 03 01 06
PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
Cam Fannin Insurance Agency HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
FP 0 Box 6745 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
Lubbock TX 79493-6745
Phone: 806-747-4422 Fax: 806-747-3040 INSURERS AFFORDING COVERAGE NAIC #
INSURED INSURER A: Taxaa Mutual Inaaranco Company 35076
INSURER B:
West Texas Paving, Inc
Darrell Jarnagin INSURER C.
P.O. Box 64187 INSURER0:
[ 11 Lubbock TX 79464
INSURER E:
COVERAGES
THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING
ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR
MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH
POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
INSRPOLICY
LTR
NSR
TYPE OF INSURANCE
NUMBER
POLICY EFFECTIVE
DATE MMIDDIYY
POLICY EXPIRATION
DATE MMIDD/YY
LIMITS
GENERAL LIABILITY
COMMERCIAL GENERAL LIABILITY
CLAIMS MADE ❑ OCCUR
f
EACH OCCURRENCE
$
PREMISES Ea occurence
$
MED EXP (Any one person)
1 $
PERSONAL & AOV INJURY
I $
GENERAL AGGREGATE
$
GENT AGGREGATE LIMIT APPLIES PER:
17 POLICY PROJECT LOC
PRODUCTS - COMP/OP AGG
$
AUTOMOBILE
LIABILITY
ANYAUTO
ALL OWNED AUTOS
SCHEDULED AUTOS
HIRED AUTOS
NON -OWNED AUTOS
I
`
COMBINED SINGLE LIMIT
(Ea accident)
$
BODILY INJURY
(Per person)
$
BODILY INJURY
(Per accident)
$
PROPERTY DAMAGE
(Per accident)
$
GARAGE LIABILITY
ANY AUTO
AUTO ONLY - EA ACCIDENT
$
OTHER THAN EA ACC
AUTO ONLY: AGG
$
$
EXCESSIUMBRELLA LIABILITY
OCCUR a CLAIMS MADE
HDEDUCTIBLE
RETENTION S
EACH OCCURRENCE
$
AGGREGATE
$
S
IS
$
A
WORKERS COMPENSATION AND
EMPLOYERS'LIABIUTY
ANY PROP RIETORIPARTNERIEXECUTIVE
OFFICERIMEMBER EXCLUDED?
If yes, describe under
SPECIAL PROVISIONS below
TSF112985020
04/07/05
04/07/06
ER
E.L. EACH ACCIDENT
$ 500000
E.L. DISEASE - EA EMPLOYEE
$ 500000
E.L. DISEASE - POLICY LIMIT
$ 500000
OTHER
DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS
There is a Waiver of Subrogation attached to the above policy in favor of
the certificate holder. ITB#05-148-BM-Mac Davis Lane and Avenue V extension
paving and drainage improvements
CERTIFICATE HOLDER CANCELLATION
City of Lubbock
C/O City of Lubbock Purchasing
6 Contract Management Dept
1625-13th St., Pm L04
Lubbock TX 79401
LLTBB005 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION
DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 10 DAYS WRITTEN
NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL
IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR
REPRESENTATIVES.
AGUKU ZO (ZUU1/U$)
UAGUKU GUKYUKA1IUN lVt%d
ri
F
TO: CITY OF LUBBOCK
P.O. BOX 2000
LUBBOCK, TX 79457
I
r
0
0
CERTIFICATE OF INSURANCE
DATE:
TYPE OF PROJECT:
THIS IS TO CERTIFY THAT (Name and Address of Insured) is,
at the date of this certificate, insured by this Company with respect to the business operations hereinafter described, for
the typed of insurance and in accordance with the provisions of the standard policies used by this company, the further
hereinafter described. Exceptions to standard policy noted hereon.
YPE OF INSURANCE
POLICY NUMBER
EFFECTIVE
EFFECTIVE
LIMITS
DATE
DATE
GENERAL LIABILITY
❑ Commercial General Liability
General Aggregate $
❑ Claims Made
Products-Comp/Op AGG $
0 Occurrence
Personal & Adv. Injury $
❑ Owner's & Contractors Protective
Each Occurrence $
❑
Fire Darnage (Any one Fire) $
$
Med Exp (Any one Person)
AUTOMOTIVE LIABILITY
❑ Any Auto
Combined Single Limit $
D All Owned Autos
Bodily Injury (Per Person) S
D Scheduled Autos
Bodily Injury (Per Accident) $
0 Hired Autos
Property Damage $
U Non -Owned Autos
0
GARAGE LIABILITY
0 Any Auto
Auto Only - Each Accident $
❑
Other than Auto Only:
Each Accident $
Aggregate $
❑ BUILDERS RISK
❑ 100% of the Total Contract Price
$
INSTALLATION FLOATER
$
EXCESS LIABILITY
E. Umbrella Form
Each Occurrence $
Aggregate $
❑ Other Than Umbrella Form
$
WORKERS COMPENSATION AND
EMPLOYERS' LIABILITY
The Proprietor/ CJ Included
Statutory Limits
Partners/Executive ❑ Excluded
Each Accident $
Officers are:
Disease Policy Limit $
Disease -Each Employee $
OTHER
The above policies either in the body thereof or by appropriate endorsement provide that they may not be changed or
canceled by the insurer in less than the legal time required after the insured has received written notice of such change or
cancellation, or in case there is no legal requirement, in less than five days in advance of cancellation.
FIVE COPIES OF THE CERTIFICATE OF INSURANCE
(Name of Insurer)
MUST BE SENT TO THE CITY OF LUBBOCK
tiY
Lo
Title:
The Insurance Certificates Furnished shall name the City of Lubbock as a Primary Additional Insured on General
Liability and Automobile Liability and provide a Waiver of Subrogation in favor of the City of Lubbock.
1
REQUIRED WORKERS' COMPENSATION COVERAGE
"The law requires that each person working on this site or providing services related to this construction project must (see
F1�
reverse) be covered by workers' compensation insurance. This includes persons providing, hauling, or delivering
equipment and materials, or providing labor or transportation or other service related to the project, regardless of the
identity of their employer or status as an employee."
"Call the Texas Workers' Compensation Commission at (512)440- 3789 to receive information on the
legal requirement for coverage, to verify whether your employer has provided the required coverage, or to
f 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
01! 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;
r:
(G) notify the governmental entity in writing by certified mail or personal delivery, within (ten) 10
days after the person knew or should have known, of any change that materially affects the
provision of coverage of any person providing services on the project; and
(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._
3
No Text
F
CONTRACT #6514
F, STATE OF TEXAS
COUNTY OF LUBBOCK
THIS AGREEMENT, made and entered into this 24TH DAY OF FEBRUARY, 2006 by and between the City of
Lubbock, County of Lubbock, State of Texas, acting by and through the Mayor, City of Lubbock, thereunto authorized to
do so, hereinafter referred to as OWNER, and WEST TEXAS PAVING, 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
0 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:
0 BID #05-148-BM -MAC DAMS LANE AND AVENUE V EXTENSION PAVING AND DRAINAGE
IMPROVEMENTS-$609,569.00
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. WEST TEXAS PAVING, INC. bid dated FEBRUARY 2, 2006 is
incorporated into and made a part of this.agreement.
Fibeen The CONTRACTOR hereby agrees to commence work within ten days after the date written notice to do so shall have
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
U with the bid 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:
COMPLETE ADDRESS:
ATTEST:
Corpor to Secretary
CITY O� BOCK, TEXAS (OWNER):
By:
MA OR PRO TEM
ATTEST:
City Secretary
APPROVEDJS7ON
TE
Owner's Representative
APPROVED AS TO
3r�t ,►1L i'�t \�'
I
GENERAL CONDITIONS OF THE AGREEMENT
r
GENERAL CONDITIONS OF THE AGREEMENT
Whenever the word Owner, or First Party, are used in this contract, it shall be understood as referring to the City
of Lubbock, Texas.
2. CONTRACTOR
Whenever the word Contractor, or Second Party, is used, it shall be understood to mean the person, persons, co-
partnership or corporation, to wit WEST TEXAS PAVING, INC. who has agreed to perform the work embraced
in this contract, or their legal representative.
3. OWNER'S REPRESENTATIVE
Whenever the word Owner's Representative or representative is used in this contract, it shall be understood as
referring to, City of Lubbock, or its representative KEITH SMITH, ASSISTANT CITY ENGINEER, so
designated who will inspect constructions; or to such other representatives, supervisors, architects, engineers, or
inspectors as may be authorized by said Owner to act in any particular under this agreement. Engineers,
supervisors or inspectors will act for the Owner under the direction of Owner's Representative, but shall not
directly supervise the Contractor or persons acting on behalf of the Contractor.
4. CONTRACT DOCUMENTS
' The contract's documents shall consist of the Notice to Bidders, General Instructions to Bidders, Bid, Signed
Agreement, Statutory Bonds (if required), General Conditions of the Agreement, Special Conditions of the
Agreement (if any), Specifications, Plans, Insurance Certificates, and all other documents made available to
Bidder for inspection in accordance with the Notice to Bidders. The above described materials are sometimes
referred to herein as the "contract" or "contract documents".
INTERPRETATION OF PHRASES
Whenever the words "Directed," "Permitted," "Designated," "Required," "Considered Necessary," "Prescribed,"
or words of like import are used, it shall be understood that the direction, requirement, permission, order,
designation or prescription of the Owner's Representative is intended; and similarly, the words "Approved,"
"Acceptable," "Satisfactory," or words of like import shall mean approved by or acceptable or satisfactory to the
Owner's Representative.
�s 6. SUBCONTRACTOR
The term Subcontractor, as employed herein, includes only those having a direct contract with the Contractor for
performance of work on the project contemplated by these contract documents. Owner shall have no
responsibility to any Subcontractor employed by Contractor for performance of work on the project contemplated
by these contract documents, but said Subcontractors will look exclusively to Contractor for any payments due
Subcontractor.
7. WRITTEN NOTICE
Written notice shall be deemed to have been duly served if delivered in person to the individual or to a member of
the firm or to an officer of the corporation for whom it is intended, or if delivered at or sent certified mail to the
last business address known to the party who gives the notice.
CONTRACTOR'S RESPONSIBILITIES
Unless otherwise stipulated, the Contractor shall provide and pay for all materials, supplies, machinery,
equipment, tools, superintendence, labor, insurance, and all water, light, power, fuel, transportation and all other
facilities necessary for the execution and completion of the work covered by the contract documents. Unless
otherwise specified, all materials shall be new and both workmanship and materials shall be of a good quality.
The Contractor shall, if required, furnish satisfactory evidence as to the kind and quality of materials. Materials
or work described in words which so applied have well known, technical or trade meaning shall be held to refer
such recognized standards.
All work shall be done and all materials furnished in strict conformity with the contract documents.
9. SUBSTANTIALLY COMPLETED
The term "Substantially Completed" is meant that the structure or project contemplated by the contract documents
has been made suitable for use or occupancy or the facility is in a condition to serve its intended purpose, but still
may require minor miscellaneous work and adjustment.
10. LAYOUT
Except as specifically provided herein, the Contractor shall be responsible for laying out all work and shall
accomplish this work in a manner acceptable to the Owner's Representative. The Owner's Representative will
check the Contractor's layout of all major structures and any other layout work done by the Contractor at
Contractor's request, but this check does not relieve the Contractor of the responsibility of correctly locating all
work in accordance with the Plans and Specifications.
11. KEEPING OF PLANS AND SPECIFICATIONS ACCESSIBLE
The Contractor shall be furnished copies of all Plans and Specifications without expense to Contractor and
Contractor shall keep one copy of same consistently accessible on the job site.
12. RIGHT OF ENTRY
The Owner's Representative may make periodic visits to the site to observe the progress or quality of the executed
work and to determine, in general, if the work is proceeding in accordance with the contract documents. Owner's
Representative will not be required to make exhaustive or continuous onsite inspections to check the quality or
quantity of the work, nor will Owner's Representative be responsible for the construction means, methods,
techniques, sequences or procedures, or the safety precautions incident thereto. Notwithstanding the Owner's
Representative's rights of entry hereunder, the Owner's Representative will not be responsible for the Contractor's
failure to perform the work in accordance with the Contract Documents.
13. LINES AND GRADES
All lines and grades shall be furnished by the Owner's Representative whenever Owner's Representative deems
said lines and grades are necessary for the commencement of the work contemplated by these contract documents
or the completion of the work contemplated by these contract documents. Whenever necessary, Contractor shall
suspend its work in order to permit Owner's Representative to comply with this requirement, but such suspension
will be as brief as practical and Contractor shall be allowed no extra compensation therefore. The Contractor
shall give the Owner's Representative ample notice of the time and place where lines and grades will be needed.
All stakes, marks, etc., shall be carefully preserved by the Contractor, and in case of careless destruction or
removal by Contractor, its Subcontractors, or its employees, such stakes, marks, etc., shall be replaced by the
Owner's Representative at Contractor's expense.
2
14. OWNER'S REPRESENTATIVE'S T E'S AUTHORITY AND DUTY
Unless otherwise specified, it is mutually agreed between the parties to this Agreement that the Owner's
Representative has the authority to review all work included herein. The Owner's Representative has the
authority to stop the work whenever such stoppage may be necessary to ensure the proper execution of the
contract. The Owner's Representative shall, in all cases, determine the amounts and quantities of the several kinds
of work which are to be paid for under the contract documents, and shall determine all questions in relation to said
work and the construction thereof, and shall, in all cases, decide every question which may arise relative to the
execution of this contract on the part of said Contractor. The decision of the Owner's Representative shall be
conclusive in the absence of written objection to same delivered to Owner's Representative within fifteen (15)
calendar days of any decision or direction by Owner's Representative. In the absence of timely written objection
by Contractor, as provided herein, any and all objection or objections shall be deemed waived.
15. SUPERINTENDENCE AND INSPECTION
It is agreed by the Contractor that the Owner's Representative shall be and is hereby authorized to appoint from
time to time such subordinate engineers, supervisors, or inspectors as the said Owner's Representative may deem
proper to inspect the materials furnished and the work done under this Agreement, and to see that said material is
furnished and said work is done in accordance with the specifications therefore. The Contractor shall furnish all
reasonable aid and assistance required by the subordinate engineers, supervisors or inspectors for the proper
inspection and examination of the work. The Contractor shall regard and obey the directions and instructions of
any subordinate engineers, supervisors or inspectors so appointed, when such directions and instructions are
consistent with the obligations of this Agreement and accompanying plans and specifications provided, however,
should the Contractor object to any orders by any subordinate engineer, supervisor or inspector, the Contractor
may within fifteen (15) calendar days make written appeal to the Owner's Representative for its decision. In the
absence of timely written objection by Contractor, as provided herein, any and all objection or objections shall be
deemed waived.
16. CONTRACTOR'S DUTY AND SUPERINTENDENCE
The Contractor shall give personal attention to the faithful prosecution and completion of this contract and shall
keep on the work, during its progress, a competent superintendent and any necessary assistants, all satisfactory to
Owner's Representative. The superintendent shall represent the Contractor in its absence and all directions given
to superintendent shall be binding as if given to the Contractor. It is expressly agreed that adequate supervision
by competent and reasonable representatives of the Contractor is essential to the proper performance of the work
and lack of such supervision shall be grounds for suspending operations of the Contractor.
The work, from its commencement to completion, shall be under the exclusive charge and control of the
Contractor and all risk in connection therewith shall be borne by the Contractor.
The Owner or Owner's Representatives shall not be responsible for the acts or omissions of the Contractor, or any
y' subcontractors, or any of Contractor's agents or employees, or any other persons performing any of the work.
17. CONTRACTOR'S UNDERSTANDING
`re It is understood and agreed that the Contractor has, by careful examination, satisfied itself as to the nature and
location of the work, the confirmation of the ground, the character, quality and quantity of materials to be
encountered, the character of equipment and facilities needed preliminary to and during the prosecution of the
work, and the general and local conditions, and all other matters which in any way affect the work under the
contract documents. No oral agreement or conversation with any officer, agent, or employee of the Owner, or
Owner's Representative either before or after the execution of this contract, shall affect or modify any of .the
terms or obligations herein contained. Subject to the rights of Owner as set forth in Paragraph 23 hereof, all
t+
modifications and/or amendments to the contract documents, shall be in writing, and executed by Owner's
Representative and Contractor.
Unless otherwise specified herein, all loss, expense or damage to Contractor arising out of the nature of the work
to be done, or from the action of the elements, or from any unforeseen circumstance and the prosecution of the
work, shall be sustained and borne by the Contractor at its own cost and expense.
is. CHARACTER OF WORKERS
The Contractor agrees to employ only orderly and competent workers, skillful in the performance in the type of
work required under this contract, to do the work; and agrees that whenever the Owner's Representative shall
inform Contractor in writing that any man or men on the work, are, in Owner's Representative's sole opinion,
incompetent, unfaithful, disorderly, or otherwise unacceptable to Owner or Owner's Representative, such man or
men shall be discharged from the work and shall not again be employed on the work without the Owner's
Representative's written consent.
19. CONSTRUCTION PLANT
The Contractor shall provide all labor, tools, equipment, machinery and materials necessary in the prosecution
and completion of this contract where it is not otherwise specifically provided that Owner shall furnish same, and
it is also understood that Owner shall not be held responsible for the care, preservation, conservation, or
protection of any materials, tools, equipment or machinery or any part of the work until it is finally completed and
accepted.
The building of structures for the housing of men or equipment will be permitted only at such places as the
Owner's Representative shall consent or direct, and the sanitary conditions of the grounds in or about such
structure shall at all times be maintained in a manner satisfactory to the Owner's Representative.
20. SANITATION
Necessary sanitary conveniences for the use of laborers on the work site, properly secluded from public
observation, shall be constructed and maintained by the Contractor in such manner and at such points as shall be
approved by the Owner's Representative and their use shall be strictly enforced.
21. OBSERVATION AND TESTING
The Owner or Owner's Representative shall have the right at all times to observe and test the work. Contractor
shall make necessary arrangements and provide proper facilities and access for such observation and testing at any
location wherever such work is in preparation or progress. Contractor shall ascertain the scope of any observation
that may be contemplated by Owner or Owner's Representative and shall give ample notice as to the time each
part of the work will be ready for such observation. Owner or Owner's Representative may reject any such work
found to be defective or not in accordance with the contract documents, regardless of the stage of its completion
or the time or place of discovery of such errors and regardless of whether Owner's Representative has previously
accepted the work through oversight or otherwise. If any such work should be covered without approval or
consent of the Owner, it must, if requested by Owner or Owner's Representative, be uncovered for examination at
Contractor's expense. In the event that any part of the work is being fabricated or manufactured at a location
where it is not convenient for Owner or Owner's Representative to make observations of such work or require
testing of said work, then in such event Owner or Owner's Representative may require Contractor to furnish
Owner or Owner's Representative certificates of inspection, testing or approval made by persons competent to
perform such tasks at the location where that part of the work is being manufactured or fabricated. All such tests
will be in accordance with the methods prescribed by the American Society for Testing and Materials or such
other applicable organization as may be required by law or the contract documents.
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If any such work which is required to be inspected, tested, or approved is covered up without written approval or
consent of the Owner or Owner's Representative, it must, if requested by the Owner or Owner's Representative, be
uncovered for observation and testing at the Contractor's expense. The cost of all such inspections, tests and
approvals shall be borne by the Contractor unless otherwise provided herein. Any work which fails to meet the
requirements of any such tests, inspections or approvals, and any work which meets the requirements of any such
tests or approvals but does not meet the requirements of the contract documents shall be considered defective,
Fj
,
and shall be corrected at the Contractor's expense.
Neither observations by the Owner or Owner's Representative, nor inspections, tests, or approvals made by
Owner, Owner's Representative, or other persons authorized under the contract documents to make such
inspections, tests, or approvals shall relieve the Contractor from its obligation to perform the work in accordance
with the requirements of the contract documents.
22. DEFECTS AND THEIR REMEDIES
It is expressly agreed that if the work or any part thereof, or any material brought on the site of the work for use in
the work or selected for the same, shall be deemed by the Owner or Owner's Representative as unsuitable or not in
conformity with plans, specifications and/or contract documents, the Contractor shall, after receipt of written
0. notice thereof from the Owner's Representative, forthwith remove such material and rebuild or otherwise remedy
such work so that it shall be in full accordance with the contract documents. It is further agreed that any remedial
action contemplated as hereinabove set forth shall be at Contractor's expense.
wl. 23. CHANGES AND ALTERATIONS
The Contractor further agrees that the Owner may make such changes and alterations as the Owner may see fit, in
the line, grade, form dimensions, plans or materials for the work herein contemplated, or any part thereof, either
before or after the beginning of the construction, without affecting the validity of this contract and the
accompanying bond.
If such changes or alterations diminish the quantity of the work to be done, they shall not constitute the basis for a
claim for damages, or anticipated profits on the work that may be dispensed with. If they increase the amount of
work, and the increased work can fairly be classified under the specifications, such increase shall be paid
z according to the quantity actually done and at the unit price established for such work under this contract;
otherwise such additional work shall be paid for as provided under Extra Work. In case the Owner shall make
such changes or alterations as shall make useless any work already done or material already furnished or used in
said work, then the Owner shall recompense the Contractor for any material or labor so used, and for actual
-s.
expenses incurred in preparation for the work as originally planned.
S 24. EXTRA WORK
The term "extra work" as used in this contract shall be understood to mean and include all work that may be
"J required by the Owner or Owner's Representative to be done by the Contractor to accomplish any change,
alteration or addition to the work as shown on the plans and specifications or contract documents and not covered
by Contractor's bid, except as provided under Changes and Alterations herein.
It is agreed that the Contractor shall perform all extra work under the direction of the Owner's Representative
when presented with a written work order signed by the Owner's Representative; subject, however, to the right of
the Contractor to require written confirmation of such extra work order by the Owner. It is also agreed that the
compensation to be paid to the Contractor for performing said extra work shall be determined by the following
f
methods:
Method (A) - By agreed unit prices; or
Method (B) - By agreed lump sum; or
I "',
f 5
Method (C) - If neither Method (A) or Method (B) be agreed upon before the extra work is
commenced, then the Contractor shall be paid the lesser of the following: (1) actual field
cost of the extra work, plus fifteen (15%) percent; or (2) the amount that would have been
charged by a reasonable and prudent Contractor as a reasonable and necessary cost for
performance of the extra work.
In the event said extra work be performed and paid for under Method (C)(1), then the provisions of this paragraph
shall apply and the "actual field cost" is hereby defined to include the cost of all workmen, such as foremen,
timekeepers, mechanics and laborers, materials, supplies, teams, trucks, rentals on machinery and equipment, for
the time actually employed or used on such extra work, plus actual transportation charges necessarily incurred,
together with all expenses incurred directly on account of such extra work, including Social Security, Old Age
Benefits, Maintenance Bonds, Public Liability and Property Damage and Workers' Compensation and all other
insurances as may be required by law or ordinances or directed by the Owner or Owner's Representative, or by
them agreed to. Owner's Representative may direct the form in which accounts of the actual field cost shall be
kept and records of these accounts shall be made available to the Owner's Representative. The Owner's
Representative may also specify in writing, before the work commences, the method of doing the work and the
type and kind of machinery and equipment to be used; otherwise, these matters shall be determined by the
Contractor. Unless otherwise agreed upon, the prices for the use of machinery and equipment shall be determined
by using 100%, unless otherwise specified, of the latest Schedule of Equipment and Ownership Expenses adopted
by the Associated General Contractors of America. Where practical, the terms and prices for the use of
machinery and equipment shall be incorporated in the written extra work order. The fifteen percent (15%) of the
actual field cost to be paid to Contractor shall cover and compensate Contractor for its profit, overhead, general
superintendence and field office expense, and all other elements of cost and expense not embraced within the
actual field cost as herein defined, save that where the Contractor's Camp or Field Office must be maintained
primarily on account of such Extra Work, then the cost to maintain and operate the same shall be included in'the
"actual field cost."
No claim for extra work of any kind will be allowed unless ordered in writing by Owner's Representative. In case
any orders or instructions appear to the Contractor to involve extra work for which Contractor should receive
compensation or an adjustment in the construction time, Contractor shall prior to commencement of such extra
work, make written request to the Owner's Representative for a written order authorizing such extra work. Should
a difference of opinion arise as to what does or does not constitute extra work or as to the payment therefore, and
the Owner's Representative insists upon its performance, the Contractor shall proceed with the work after making
written request for written order and shall keep adequate and accurate account of the actual field cost thereof, as
provided under Method (C)(1). If Contractor does not notify Owner's Representative before the commencement
of any extra work, any claim for payment due to alleged extra work shall be deemed waived.
25. DISCREPANCIES AND OMISSIONS
It is further agreed that it is the intent of the contract documents that all work described in the bid, the
specifications, plans and other contract documents, is to be done for the prices quoted by the Contractor and that
such price shall include all appurtenances necessary to complete the work in accordance with the intent of these
contract documents as interpreted by Owner's Representative. Notices of any discrepancies or omissions in
these plans, specifications, or contract documents, shall be given to the Owners' Representative and a
clarification obtained before the bids are received, and if no such notice is received by the Owner's
Representative prior to the opening of bids, then it shall be deemed that the Contractor fully understands
the work to be included and has provided sufficient sums in its bid to complete the work in accordance with
these plans and specifications. If Contractor does not notify Owner's Representative before bidding of any
discrepancies or omissions, then it shall be deemed for all purposes that the plans and specifications are
sufficient and adequate for completion of the project. It is further agreed that any request for clarification
must be submitted no later than five (5) calendar days prior to the opening of bids.
RIGHT OF OWNER TO MODIFY METHODS AND EQUIPMENT
If at any time the methods or equipment used by the Contractor are found to be inadequate to secure the quality of
work with the rate of progress required under this contract, the Owner or Owner's Representative may order the
Contractor in writing to increase their safety or improve their character and efficiency and the Contractor shall
comply with such order.
If, at any time, the working force of the Contractor is inadequate for securing the progress herein specified, the
Contractor shall, if so ordered in writing, increase its force or equipment, or both, to such an extent as to give
reasonable assurance of compliance with the schedule of progress.
U27. PROTECTION AGAINST ACCIDENT TO EMPLOYEES AND THE PUBLIC AND GENERAL INDEMNITY
The Contractor shall take out and procure a policy or policies of Workers' Compensation Insurance with an
insurance company licensed to transact business in the State of Texas, which policy shall comply with the
Workers' Compensation laws of the State of Texas. The Contractor shall at all times exercise reasonable
precaution for the safety of employees and others on or near the work and shall comply with all applicable
provisions of federal, state and municipal laws and building and construction codes. All machinery and
equipment and other physical hazards shall be guarded in accordance with the "Manual of Accident Prevention in
Construction" of Associated General Contractors of America, except where incompatible with federal, state or
municipal laws or regulations. The Contractor, its sureties and insurance carriers shall defend, indemnify and
hold harmless the Owner and all of its officers, agents and employees against any all losses, costs, damages,
expenses, liabilities, claims and/or causes of action, whether known or unknown, fixed, actual, accrued or
contingent, liquidated or unliquidated, including, but not limited to, attorneys' fees and expenses, in connection
with, incident to, related to, or arising out of, the Contractor's or any subcontractor's, agent's or employee's, in
any manner whatsoever, omission, execution and/or supervision of this contract, and the project which is the
subject matter of this contract.
The safety precautions taken shall be the sole responsibility of the Contractor, in its sole discretion as an
Independent Contractor; inclusion of this paragraph in the Agreement, as well as any notice which may be given
by the Owners or the Owner's Representative concerning omissions under this paragraph as the work progresses,
are intended as reminders to the Contractor of its duty and shall not be construed as any assumption of duty to
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supervise safety precautions by either the Contractor or any of its subcontractors.
28. CONTRACTOR'S INSURANCE
The Contractor shall not commence work under this contract until he has obtained all insurance as required in the
FV1' General Conditions of the contract documents, from an underwriter authorized to do business in the State of
Texas and satisfactory to the City. Proof of coverage shall be furnished to the City and written notice of
cancellation or any material change will be provided ten (10) calendar days in advance of cancellation or change.
All policies of insurance, required herein, including policies of insurance required to be provided by Contractor
and its subcontractors, shall contain a waiver of any and all of the insurer's or payor's, in the event of self-
insurance, rights to subrogation that any such insurer or payor, in the event of self-insurance, may acquire by
virtue of payment of any loss under such insurance or self-insurance. All certificates of insurance submitted to
the City in conformity with the provisions hereof shall establish such waiver.
The Contractor shall procure and carry at its sole cost and expense through the life of this contract, insurance
protection as hereinafter specified. Coverage in excess of that specified herein also shall be acceptable. Such
insurance shall be carried with an insurance company authorized to transact business in the State of Texas and
shall cover all operations in connection with this contract, whether performed by the Contractor or a
subcontractor, or separate policies shall be provided covering the operation of each subcontractor. A certificate of
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insurance specifying each and all coverages shall be submitted prior to contract execution.
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PROOF OF COVERAGE SHALL BE FURNISHED TO THE CITY OF LUBBOCK IN THE FORM OF
A CERTIFICATE OF INSURANCE ALONG WITH A COPY OF THE ADDITIONAL INSURED
ENDORSEMENT. THE INSURANCE CERTIFICATES FURNISHED SHALL NAME THE CITY OF
LUBBOCK AS A PRIMARY ADDITIONAL INSURED AND PROVIDE A WAIVER OF
SUBROGATION IN FAVOR OF THE CITY OF LUBBOCK AS REQUIRED BELOW, OR IN THE
ALTERNATIVE, SHALL BE ACCOMPANIED BY A STATEMENT FROM THE CONTRACTOR TO
THE EFFECT THAT NO WORK ON THIS PARTICULAR PROJECT SHALL BE SUBCONTRACTED.
IT SHALL BE THE CONTRACTOR'S RESPONSIBILITY TO PROVIDE TO THE OWNER ALL
PROOF OF COVERAGE INSURANCE DOCUMENTS INCLUDING WORKERS COMPENSATION
COVERAGE FOR EACH SUBCONTRACTOR.
A. General Liability Insurance (Primary Additional Insured and Waiver of Subrogation required)
The contractor shall have Comprehensive General Liability Insurance with limits of $1,000,000
Combined Single Limit in the aggregate and per occurrence to include:
Products & Completed Operations
Contractual Liability
Personal Injury & Advertising Injury
MUST include Heavy Equipment Endorsement
B. Owner's and Contractor's Protective Liability Insurance.
For bodily injuries, including accidental death and or property damage, $0 Combined Single Limit. This
policy shall be submitted prior to contract execution.
C. Comprehensive Automobile Liability Insurance (Primary Additional Insured and Waiver of Subrogation
Required)
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 non -owned cars including: Employers Non -ownership Liability Hired and
Non -owned Vehicles. The City is to be named as a primary 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.
D. Builder's Risk Insurance/Installation Floater Insurance.
The Contractor shall obtain a Builder's Risk policy in the amount of 0% of the total contract price (100%
of potential loss) naming the City of Lubbock as insured.
E. Umbrella Liability Insurance (Primary Additional Insured and Waiver of Subrogation required)
The Contractor shall have Umbrella Liability Insurance in the amount of $0 on all contracts with coverage
to correspond with Comprehensive General Liability and Comprehensive Automobile Liability
coverages.
F. Worker's Compensation and Employers Liability Insurance (Waiver of Subrogation required)
Worker's Compensation Insurance covering all employees whether employed by the Contractor or any
Subcontractor on the job with Employers Liability of at least $500,000.
1. Definitions:
Certificate of coverage ("certificate") - A copy of a certificate of insurance, a certificate of
authority to self -insure issued by the commission, or a coverage agreement (TWCC-81, TWCC-
82, TWCC-83, or TWCC-84), showing statutory workers' compensation insurance coverage for
the person's or entity's employees providing services on a project, for the duration of the project.
Duration of the project - includes the time from the beginning of the work on the project until the
Contractor's/person's work on the project has been completed and accepted by the governmental
entity.
Persons providing services on the project ("subcontractor" in Section 406.096, Texas Labor
Code) - includes all persons or entities performing all or part of the services the Contractor has
undertaken to perform on the project, regardless of whether that person contracted directly with
the Contractor and regardless of whether that person has employees. This includes, without
limitation, independent contractors, subcontractors, leasing companies, motor carriers, owner -
operators, employees of any such entity, or employees of any entity which furnishes persons to
provide services on the project. "Services" include, without limitation, providing, hauling, or
delivering equipment or materials, or providing labor, transportation, or other service related to a
project. "Services" does not include activities unrelated to the project, such as food/beverage
vendors, office supply deliveries, and delivery of portable toilets.
2. The Contractor shall provide coverage, based on proper reporting of classification codes and
payroll amounts and filing of any coverage agreements, which meets the statutory requirements
of Texas Labor Code, Section 401.011(44) for all employees of the contractor providing services
on the project, for the duration of the project.
1. 3. The Contractor must provide a certificate of coverage to the governmental entity prior to being
awarded the contract.
4. If the coverage period shown on the Contractor's current certificate of coverage ends during the
duration of the project, the Contractor must, prior to the end of the coverage period, file a new
t-- certificate of coverage with the governmental entity showing that coverage has been extended.
The Contractor shall obtain from each person providing services on the project, and provide to the
governmental entity:
(a) a certificate of coverage, prior to that person beginning work on the project, so the
governmental entity will have on file certificates of coverage showing coverage for all
persons providing services on the project; and
(b) no later than seven days after receipt by the Contractor, a new certificate of coverage
showing extension of coverage, if the coverage period shown on the current certificate of
coverage ends during the duration of the project.
6 The Contractor shall retain all required certificates of coverage for the duration of the project and
for one year thereafter.
7. The Contractor shall notify the governmental entity in writing by certified mail or personal
delivery, within 10 days after the Contractor knew or should have known, of any change that
materially affects the provision of coverage of any person providing services on the project.
8. The Contractor shall post on each project site a notice, in the text, form and manner prescribed by
-. the Texas Workers' Compensation Commission, informing all persons providing services on the
91
project that they are required to be covered, and stating how a person may verify coverage and
report lack of coverage.
The Contractor shall contractually require each person with whom it contracts to provide services
on the project, to:
(a) provide coverage, based on proper reporting of classification codes and payroll amounts
and filing of any coverage agreements, which meets the statutory requirements of Texas
Labor Code, Section 401.011(44) for all of its employees providing services on the
project, for the duration of the project;
(b) provide to the Contractor, prior to that person beginning work on the project, a certificate
of coverage showing that coverage is being provided for all employees of the person
providing services on the project, for the duration of the project;
(c) provide the Contractor, prior to the end of the coverage period, a new certificate of
coverage showing extension of coverage, if the coverage period shown on the current
certificate of coverage ends during the duration of the project;
(d) obtain from each other person with whom it contracts, and provide to the Contractor:
(1) a certificate of coverage, prior to the other person beginning work on the project;
and
(2) a new certificate of coverage showing extension of coverage, prior to the end of
the coverage period, if the coverage period shown on the current certificate of
coverage ends during the duration of the project;
(e) retain all required certificates of coverage on file for the duration of the project and for
one year thereafter;
(f) notify the governmental entity in writing by certified mail or personal delivery, within 10
days after the person knew or should have known, of any change that materially affects
the provision of coverage of any person providing services on the project; and
(g) contractually require each person with whom it contracts to perform as required by
paragraphs (a) - (g), with the certificates of coverage to be provided to the person for
whom they are providing services.
10. By signing this contract or providing or causing to be provided a certificate of coverage, the
Contractor is representing to the governmental entity that all employees of the Contractor who
will provide services on the project will be covered by worker's compensation coverage for the
duration of the project, that the coverage will be based on proper reporting of classification codes
and payroll amounts, and that all coverage agreements will be filed with the appropriate insurance
carrier or, in the case of a self -insured, with the commission's Division of Self -Insurance
Regulation. Providing false or misleading information may subject the Contractor to
administrative penalties, criminal penalties, civil penalties, or other civil actions.
11. The Contractor's failure to comply with any of these provisions is a breach of contract by the
Contractor which entitles the governmental entity to declare the contract void if the Contractor
does not remedy the breach within ten days after receipt of notice of breach from the
governmental entity.
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F]
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.
(9) A Contractor shall:
(a) provide coverage for its employees providing services on a project, for the duration of the
project based on proper reporting of classification codes and payroll amounts and filling
of any coverage agreements;
(b) provide a certificate of coverage showing workers' compensation coverage to the
governmental entity prior to beginning work on the project;
(c) provide the governmental entity, prior to the end of the coverage period, a new certificate
of coverage showing extension of coverage, if the coverage period shown on the
Contractor's current certificate of coverage ends during the duration of the project;
(d) obtain from each person providing services on a project, and provide to the governmental
entity:
(i) a certificate of coverage, prior to that person beginning work on the project, so
the governmental entity will have on file certificates of coverage showing
coverage for all persons providing services on the project; and
() P Yii no later than seven days receipt s after b the Contractor, a new certificate of
coverage showing extension of coverage, if the coverage period shown on the
current certificate of coverage ends during the duration of the project;
(e) retain all required certificates of coverage on file for the duration of the project and for
one year thereafter;
(f) notify the governmental entity in writing by certified mail or personal delivery, within 10
days after the Contractor knew or should have known, of any change that materially
affects the provision of coverage of any person providing services on the project;
(g) post a notice on each project site informing all persons providing services on the project
that they are required to be covered, and stating how a person may verify current
f
11
coverage and report failure to provide coverage. This notice does not satisfy other
posting requirements imposed by the Texas Worker's Compensation Act or other
commission rules. This notice must be printed with a title in at least 30 point bold type
and text in at least 19 point normal type, and shall be in both English and Spanish and
any other language common to the worker population. The text for the notices shall be
the following text provided by the commission on the sample notice, without any
additional words or changes:
REQUIRED WORKERS' COMPENSATION COVERAGE
"The law requires that each person working on this site or providing services related to
this construction project must be covered by workers' compensation insurance. This
includes persons providing, hauling, or delivering equipment or materials, or providing
labor or transportation or other service related to the project, regardless of the identity
of their employer or status as an employee. "
"Call the Texas Workers' Compensation Commission at 8001372-7713 or 5121804-4000
(http://wnw.twcc.state.tx.us/twcccontacts.html) to receive information of the legal
requirements for coverage, to verify whether your employer has provided the required
coverage, or to report an employer's failure to provide coverage;" and
(h) contractually require each person with whom it contracts to provide services on a project,
to:
(i) provide coverage based on proper reporting of classification codes and payroll
amounts and filing of any coverage agreements for all of its employees providing
services on the project, for the duration of the project;
(ii) provide a certificate of coverage to the Contractor prior to that person beginning
work on the project;
(iii) include in all contracts to provide services on the project the following language:
"Sy signing this contract or providing or causing to be
provided a certificate of coverage, the person signing this
contract is representing to the governmental entity that all
employees of the person signing this contract who will
provide services on the project will be covered by workers'
compensation coverage for the duration of the project, that
the coverage will be based on proper reprinting of
classification codes and payroll amounts, and that all
coverage agreements will be filed with the appropriate
insurance carrier or, in the case of a self -insured, with the
commission's Division of Self -Insurance Regulation.
Providing false or misleading information may subject the
Contractor to administrative penalties, criminal penalties,
civil penalties, or other civil actions.";
(iv) provide the Contractor, prior to the end of the coverage period, a new certificate
of coverage showing extension of coverage, if the coverage period shown on the
current certificate of coverage ends during the duration of the project;
(v) obtain from each other person with whom it contracts, and provide to the
Contractor:
(1) a certificate of coverage, prior to the other person beginning work on the
proj ect; and
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prior to the end of the coverage period, a new certificate of coverage
(2) P g g
3
showing extension of the coverage period, if the coverage period shown
on the current certificate of coverage ends during the duration of the
project;
(vi) retain all required certificates of coverage on file for the duration of the project
and for one year thereafter;
(vii) notify the governmental entity in writing by certified mail or personal delivery,
within 10 days after the person knew or should have known, of any change that
materially affects the provision of coverage of any person providing services on
the project; and
(viii) contractually require each other person with whom it contracts, to perform as
required by paragraphs (i)-(viii), with the certificate of coverage to be provided
to the person for whom they are providing services.
29. DISABLED EMPLOYEES
Contractors having more than fifteen (15) employees agree to comply with the Americans with Disabilities Act of
1990, and agree not to discriminate against a qualified individual with a disability because of the disability of such
individual in regard to job application procedures, the hiring, advancement, or discharge of employees, employee
compensation, job training, and other terms, conditions, and privileges of employment.
30. PROTECTION AGAINST CLAIMS OF SUBCONTRACTORS LABORERS MATERIALMEN AND
FURNISHERS OF MACHINERY, EQUIPMENT AND SUPPLIES
Without limiting, in any way, manner or form, the indemnity provided by Contractor in paragraph 27 hereof, the
Contractor agrees that it will indemnify and save the Owner and all of its officers, agents and employees,
harmless against any and all claims, liabilities, losses, damages, expenses and causes of action arising out of, in
any way, manner or form, the demands of subcontractors, laborers, workmen, mechanics, materialmen and
furnishers of machinery and parts thereof, equipment, power tools, and supplies, incurred in the performance of
this contract and the project which is the subject matter of this contract. When Owner so desires, the Contractor
shall famish satisfactory evidence that all obligations of the nature hereinabove designated have been paid,
discharged or waived.
31. PROTECTION AGAINST ROYALTIES OR PATENT INVENTION
The Contractor shall pay all royalties and license fees, and shall provide for the use of any design, device, material
f or process covered by letters patent or copyright by suitable legal agreement with the Patentee or owner thereof.
Without limiting, in any way, manner or form, the indemnity provided by Contractor in paragraph 27 hereof, the
Contractor shall defend all suits or claims for infringement of any patent or copyrights and shall indemnify and
save the Owner, and all of its officers, agents and employees harmless from any loss on account thereof, except
that Owner shall defend all such suits and claims and shall be responsible for all such loss when a particular
design, device, material or process or the product of a particular manufacturer or manufacturers is specified or
required in these contract documents by Owner; provided, however, if choice of alternate design, device, material
or process is allowed to the Contractor, then Contractor shall indemnify and save Owner, and all of its officers,
agents and employees harmless from any loss on account thereof. Notwithstanding anything herein to the
contrary, if the material or process specified or required by Owner and/or this contract is an infringement, the
Contractor shall be responsible for such loss unless it gives written notice of such infringement to the Owner's
Representative prior to bidding.
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32. LAWS AND ORDINANCES
The Contractor shall at all times observe and comply with all federal, state and local laws, ordinances and
regulations, which in any manner affect the contract or the work, and without limiting, in any way, manner or
form, the indemnity provided by Contractor in paragraph 27 hereof, Contractor shall indemnify and save harmless
the Owner, and all of its officers, agents, and employees against any claims arising from the violation of any such
laws, ordinances, and regulations, whether by the Contractor, its employees, or subcontractors. If the Contractor
observes that the plans and specifications are at variance therewith, he shall notify the Owner's Representative in
writing prior to bidding and any necessary changes shall be adjusted as provided in the contract for changes in the
work. In the absence of timely written notification to Owner's Representative of such variance or variances
within said time, any objection and/or assertion that the plans and specifications are at variance with any federal,
state or local laws, ordinances or regulations shall be deemed waived. If the Contractor, its employees or
subcontractors perform any work contrary to such laws, ordinances, rules and regulations, and without such notice
to the Owner's Representative, Contractor shall bear all costs arising therefrom.
The Owner is a municipal corporation of the State of Texas and the law from which it derives its powers, insofar
as the same regulates the objects for which, or the manner in which, or the conditions under which the Owner may
enter into contracts, shall be controlling, and shall be considered as part of this contract to the same effect as
though embodied herein.
33. SUBCONTRACTING
The Contractor agrees that it will retain personal control and will give its personal attention to the fulfillment of
this contract. The Contractor further agrees that subletting of any portion or feature of the work, or materials
required in the performance of this contract, shall not relieve the Contractor from its full obligations to the Owner,
as provided by the contract documents.
34. TIME FOR SUBSTANTIAL COMPLETION AND LIQUIDATED DAMAGES
It is hereby understood and mutually agreed by and between the Contractor and the Owner, that the date of
beginning and time for completion as specified in the contract documents, of work to be done hereunder are
essential conditions of this contract; and it is further mutually understood and agreed that the work embraced in
this contract shall be commenced as provided in the contract documents.
If the Contractor should neglect, fail, or refuse to substantially complete the work within the time herein specified,
then the Contractor does hereby agree as part of the consideration for the awarding of this contract, the Owner
may withhold permanently from Contractor's total compensation, the sum of $25 (TWENTY FIVE) PER DAY,
not as a penalty, but as liquidated damages for the breach of the contract as herein set forth for each and every
working day that the Contractor shall be in default after the time stipulated for substantially completing the work.
It is expressly understood and agreed, by and between Contractor and the Owner, that the time for the substantial
completion of the work described herein is reasonable time for the completion of the same, taking into
consideration the average climatic range and conditions and usual industrial conditions prevailing in this locality.
The amount is fixed and agreed upon by and between the Contractor and the Owner because the actual damages
the Owner would sustain in such event would be difficult and/or impossible to estimate, however, the amount
agreed upon herein is a reasonable forecast of the amount necessary to render just compensation to Owner, and is
expressly agreed to be not disproportionate to actual damages as measured at time of breach.
IT IS FURTHER AGREED AND UNDERSTOOD BETWEEN THE CONTRACTOR AND OWNER THAT
TIME IS OF THE ESSENCE OF THIS CONTRACT.
14
r
35. TIME AND ORDER OF COMPLETION
It is the meaning and intent of this contract, unless otherwise herein specifically provided, that the Contractor
shall be allowed to prosecute its work at such time and sessions, in such order of precedence, and in such manner
as shall be most conductive to economy of construction; provided, however, that the order and time of prosecution
shall be such that the work shall be substantially completed as a whole and in part, in accordance with this
contract, the plans and specifications, and within the time of completion designated in the bid; provided, also, that
when the Owner is having other work done, either by contract or by its own force, the Owner's Representative
s may direct the time and manner of constructing work done under this contract so that conflicts will be avoided
and the construction of the various works being done for the Owner shall be harmonized.
LI The Contractor shall submit, at such times as may reasonably be requested by the Owner's Representative,
schedules which shall show the order in which the Contractor intends to carry on the work, with dates at which
the Contractor will start the several parts of the work and estimated dates of completion of the several parts.
36. TIME OF PERFORMANCE
The Contractor agrees that it has submitted its bid in full recognition of the time required for the completion of
this project, taking into consideration the average climatic range and industrial conditions prevailing in this
locality, and has considered the liquidated damage provisions of paragraph 34 hereinabove set forth and expressly
agrees that it shall not be entitled to, nor will it request, an extension of time on this contract, except when its
work has been delayed by an act or neglect of the Owner, Owner's Representative, employees of the Owner or
other contractors employed by the Owner, or by changes ordered in the work, or by strike, walkouts, acts of God
or the public enemy, fire or flood. Any request for extension shall be in writing with the written request for same
setting forth all justifications, in detail, for the request, and submitted to Owner's Representative within twenty
(20) calendar days of the occurrence of the event causing said delay. A failure by Owner's Representative to
affirmatively grant the extension no later than twenty (20) calendar days of written submission by Contractor shall
be deemed a denial, and final. Further, in the absence of timely written notification of such delay and request for
extension, as provided herein, any request for extension by Contractor shall be deemed waived.
37. HINDRANCE AND DELAYS
In executing the contract, the Contractor agrees that in undertaking to complete the work within the time herein
fixed, Contractor has taken into consideration and made allowances for all hindrances and delays incident to such
work, whether growing out of delays due to unusual and unanticipated circumstances, difficulties or delays in
securing material or workmen, or any other cause or occurrence. No charge shall be made by the Contractor for
hindrance or delays from any cause during the progress of any part of the work embraced in this contract except
where the work is stopped by order of the Owner or Owner's Representative for the Owner's convenience, in
which event, such expense as in the sole judgment of the Owner's Representative that is caused by such stoppage
shall be paid by Owner to Contractor.
38. QUANTITIES AND MEASUREMENTS
No extra or customary measurements of any kind will be allowed, but the actual measured or computed length,
area, solid contents, number and weight only shall be considered, unless otherwise specifically provided. In the
event this contract is let on a unit price basis, then Owner and Contractor agree that this contract, including the
specifications, plans and other contract documents are intended to show clearly all work to be done and material
to be furnished hereunder. Where the estimated quantities are shown, and only when same are expressly stated to
be estimates, for the various classes of work to be done and material to be furnished under this contract, they are
approximate and are to be used only as a basis for estimating the probable cost of the work and for comparing
their bids offered for the work. In the event the amount of work to be done and materials to be furnished are
expressly stated to be estimated, and only when same are expressly stated to be estimated, it is understood and
15
agreed that the actual amount of work to be done and the materials to be furnished under this contract may differ
somewhat from these estimates, and that where the basis for payment under this contract is the unit price method,
payment shall be for the actual amount of work done and materials furnished on the project.
39. PROTECTION OF ADJOINING PROPERTY
The Contractor shall take proper means to protect the adjacent or adjoining property or properties in any way
encountered, which may be injured or seriously affected by any process of construction to be undertaken under
this agreement, from any damage or injury by reason of said process of construction; and Contractor shall be
liable for any and all claims for such damage on account of his failure to fully protect all adjacent property.
Without limiting, in any way, manner and form, the indemnity provided by Contractor in paragraph 27 hereof, the
Contractor agrees to indemnify, save and hold harmless the Owner, and any of its officers, agents and employees,
against any and all claims or damages due to any injury to any adjacent or adjoining property, related to, arising
from or growing out of the performance of this contract.
40. PRICE FOR WORK
In consideration of the furnishing of all necessary labor, equipment and material and the completion of all work
by the Contractor, and on the delivery of all materials embraced in this contract in full conformity with the
specifications and stipulations herein contained, the Owner agrees to pay the Contractor the price set forth in the
bid proposal attached hereto, which has been made a part of this contract, and the Contractor hereby agrees to
receive such price in full for furnishing all materials and all labor required for the aforesaid work, also, for all
expenses incurred by Contractor and for well and truly performing the same and the whole thereof in the manner
and according to this agreement, the attached specifications, plans, contract documents and requirements of
Owner's Representative.
41. PAYMENTS
No payments made or certificates given shall be considered as conclusive evidence of the performance of the
contract, either wholly or in part, nor shall any certificate or payment be considered as acceptance of defective
work. Contractor shall at any time requested during the progress of the work furnish the Owner or Owner's
Representative with a verifying certificate showing the Contractor's total outstanding indebtedness in connection
with the work. Before final payment is made, Contractor shall satisfy Owner, by affidavit or otherwise, that there
are no outstanding liens against Owner's premises by reason of any work under the contract. Acceptance by
Contractor of final payment of the contract price shall constitute a waiver of all claims against Owner, Owner's
agents and employees, which have not theretofore been timely filed as provided in this contract.
42. PARTIAL PAYMENTS
On or before the tenth day of each month, the Contractor shall submit to Owner's Representative an application
for partial payment or, if the Contractor does not submit such application, the Owner's Representative shall
determine the amount to be partially paid. Owner's Representative shall review said application for partial
payment if submitted, and the progress of the work made by the Contractor and if found to be in order, shall
prepare a certificate for partial payment showing as completely as practical the total value of the work done by the
Contractor up to and including the last day of the preceding month. The determination of the partial payment by
the Owner's Representative shall be in accordance with Paragraph 14 hereof.
The Owner shall then pay the Contractor on or before the fifteenth day of the current month the total amount of
the Owner's Representative's Certificate of Partial Payment, less 5% of the amount thereof, which 5% shall be
retained until final payment, and further, less all previous payments and all further sums that may be retained by
Owner under the terms of the contract documents.
16
F;
Any partial payment made hereunder shall not constitute a waiver by the Owner of any and all other rights to
enforce the express terms of the contract documents, and all remedies provided therein, as to any and all work
performed, to be performed and/or materials delivered hereunder, including, but limited to, work to which said
partial payment is attributable.
} 43. SUBSTANTIAL COMPLETION
Contractor shall give Owner's Representative written notice of substantial completion. Within thirty-one (31)
working days after the Contractor has given the Owner's Representative written notice that the work has been
substantially completed, the Owner's Representative and/or the Owner shall inspect the work and within said time,
if the work be found to be substantially completed in accordance with the contract documents, the Owner's
Representative shall issue to the Owner and Contractor a certificate of substantial completion. Notwithstanding
the issuance of a certificate of substantial completion, Contractor shall proceed with diligence to finally complete
the work within the time provided in this contract.
44. FINAL COMPLETION AND PAYMENT
The Contractor shall give written notice to Owner's Representative of final completion. Upon written notice of
final completion, the Owner's Representative shall proceed to make final measurement to determine whether final
completion has occurred. If the Owner's Representative determines final completion has occurred, Owner's
Representative shall so certify to the Owner. Upon certification by Owner's Representative of final completion,
Owner shall pay to the Contractor on or before the 31 st working day after the date of certification of final
completion, the balance due Contractor under the terms of this agreement. Neither the certification of final
completion nor the final payment, nor any provisions in the contract documents shall relieve the Contractor of the
obligation for fulfillment of any warranty which may be required in the contract documents and/or any warranty
or warranties implied by law or otherwise.
45. CORRECTION OF WORK
Contractor shall promptly remove from Owner's premises all materials condemned by the Owner's Representative
on account of failure to conform to the contract documents, whether actually incorporated in the work or not, and
Contractor shall at its own expense promptly replace such condemned materials with other materials conforming
to the requirements of the contract documents. Contractor shall also bear the expense of restoring all work of
other contractors damaged by any such removal or replacement. If Contractor does not remove and replace any
such condemned work within a reasonable time after a written notice by the Owner or the Owner's
Representative, Owner may remove and replace it at Contractor's expense.
Neither the final payment, nor certification of final completion or substantial completion, nor any provision in the
j contract documents shall relieve the Contractor of responsibility for faulty materials or workmanship, and
Contractor shall remedy any defects due thereto and pay for any damage to other work resulting therefrom, which
shall appear within a period of one (1) year from the date of certification of final completion by Owner's
Representative.
46. PAYMENT WITHHELD
The Owner or Owner's Representative may, on account of subsequently discovered evidence, withhold or nullify
the whole or part of any certification to such extent as may be necessary to protect itself from loss on account of:
(a) Defective work not remedied and/or work not performed.
(b) Claims filed or reasonable evidence indicating possible filing of claims.
(c) Damage to another contractor.
17
When the above grounds are removed, or the Contractor provides a surety bond satisfactory to the Owner, in the
amount withheld, payment shall be made for amounts withheld because of them.
47. CLAIM OR DISPUTE
It is further agreed by both parties hereto that all questions of dispute or adjustment presented by the Contractor
shall be in writing and filed with the Owner's Representative within fifteen (15) calendar days after the Owner's
Representative has given any direction, order or instruction to which the Contractor desires to take exception.
Timely written notice of dispute as provided in this contract of any decision by Owner's Representative or Owner
shall be a condition precedent to the bringing and/or assertion of any action or claim by Contractor of any right
under this Contract. If the matters set forth in the notice of dispute are not granted or otherwise responded to by
Owner's Representative within fifteen (15) calendar days of receipt of notice of dispute by Owner's
Representative, said objections shall be deemed denied. Any decision by the Owner's Representative, or deemed
denial by the Owner's Representative, shall be final and conclusive in the absence of fraud. It is further agreed
that the acceptance by the Contractor of the final payment shall be a bar to any and all claims of the Contractor,
and constitute a waiver of the right to assert any claim against Owner, Owner's agents and employees and
Owner's Representative, by Contractor.
48. NON-COMPLIANCE AND/OR ABANDONMENT BY CONTRACTOR
In case the Contractor should (1) abandon and fail or refuse to resume work within fifteen (15) calendar days after
written notification from the Owner or the Owner's Representative, or (2) if the Contractor fails to comply with
the written orders of the Owner's Representative, when such orders are consistent with this contract, then the
Surety on the bond shall be notified in writing and directed to complete the work and a copy of said notice shall
be delivered to the Contractor. In the event a bond is not required by law, or otherwise obtained by the
Contractor, no further notice of such non-compliance to Contractor shall be required.
After receiving said notice of abandonment or non-compliance , the Contractor shall not remove from the work
any machinery, equipment, tools, materials or supplies then on the job, but the same, together with any materials
and equipment under the contract for work, may be held for use on the work by the Owner or the Surety of the
Contractor, or another contractor, in completion of the work; and the Contractor shall not receive any rental or
credit therefore (except when used in connection with Extra Work, where credit shall be allowed as provided for
under paragraph 24 of this contract); it being understood that the use of such equipment and materials will
ultimately reduce the cost to complete the work and be reflected in the final settlement.
In the event the Contractor, or Surety, whichever is applicable, should fail to commence compliance with the
notice hereinbefore provided within ten (10) calendar days after service of such notice, and/or shall fail to proceed
with diligence to complete the project as contemplated and in compliance with all terms and provisions of the
contract documents, then the Owner may exercise any and all remedies available to it pursuant to law, contract,
equity or otherwise, including, but not limited to, providing for completion of the work in either of the following
elective manners:
(a) The Owner may employ such force of men and use of machinery, equipment, tools, materials and
supplies as said Owner may deem necessary to complete the work and charge the expense of such labor,
machinery, equipment, tools, materials and supplies to said Contractor, and the expense so charged shall
be deducted and paid by the Owner out of such moneys as may be due, or that may thereafter at any time
become due to the Contractor under and by virtue of this Agreement. In case such expense is less than
the sum which would have been payable under this contract, if the same had been completed by the
Contractor, then said Contractor shall receive the difference. In case such expense is greater than the sum
which would have been payable under this contract, if the same had been completed by said Contractor,
then the Contractor and/or its Surety shall pay the amount of such excess to the Owner; or
18
(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 of location of the work, may let the contract for the completion
of the work under substantially the same terms and conditions which are provided in this contract. In case
of any increase in cost to the Owner under the new contract as compared to what would have been the
cost under this contract, such increase shall be charged to the Contractor and the Surety shall be and
remain bound therefore. Should the cost to complete any such new contract prove to be less than that
which would have been the cost to complete the work under this contract, the Contractor or his Surety
shall be credited therewith.
In the event the Owner's Representative elects to complete the work, as described above, when the work shall
have been finally completed, the Contractor and his Surety shall be so notified and certification of completion as
provided in paragraph 44 hereinabove set forth, shall be issued. A complete itemized statement of the contract
accounts, certified to by Owner's Representative as being correct shall then be prepared and delivered to
Contractor and his Surety, if applicable, whereon the Contractor or his Surety, or the Owner as the case may be,
shall pay the balance due as reflected by said statement within 30 days after the date of certification of
completion.
In the event the statement of accounts shows that the cost to complete the work is less than that which would have
been the cost to the Owner had the work been completed by the Contractor under the terms of this contract, or
when the Contractor and/or his Surety, if applicable, shall pay the balance shown to be due by them to the Owner,
then all machinery, equipment, tools, materials or supplies left on the site of the work shall be turned over to the
Contractor and/or his Surety, if applicable. Should the cost to complete the work exceed the contract price, and
the Contractor and/or his Surety, if applicable, fail to pay the amount due the Owner within the time designated
hereinabove, and there remains any machinery, equipment, tools, materials or supplies on the site of the work,
notice thereof, together with an itemized list of such equipment and materials shall be mailed to the Contractor
W and his Surety, if applicable, at the respective addresses designated in this contract; provided, however, that actual
written notice given in any manner will satisfy this condition. After mailing, or other giving of such notice, such
property shall be held at the risk of the Contractor and his Surety, if applicable, subject only to the duty of the
Owner to exercise ordinary care to protect such property. After fifteen (15) calendar days from the date of said
notice the Owner may sell such machinery, equipment, tools, materials or supplies and apply the net sum derived
from such sale to the credit of the Contractor and his Surety, if applicable. Such sale may be made at either public
or private sale, with or without notice, as the Owner may elect. The Owner shall release any machinery,
equipment, tools, materials, or supplies that remain on the jobsite and belong to persons other than the Contractor
Fl. or his Surety, if applicable, to their proper owners.
The remedies provided to Owner by law, equity, contract, or otherwise, shall be cumulative, to the extent
permitted by law. It is expressly agreed and understood that the exercise by Owner of the remedies provided in
this paragraph shall not constitute an election of remedies on the part of Owner, and Owner, irrespective of its
exercise of remedies hereunder, shall be entitled to exercise concurrently or otherwise, any and all other remedies
available to it, by law, equity, contract or otherwise, including but not limited to, liquidated damages, as provided
in paragraph 34, hereinabove set forth.
49. LIMITATION ON CONTRACTOR'S REMEDY
The remedies of Contractor hereunder shall be limited to, and Owner shall be liable only for, work actually
performed by Contractor and/or its subcontractors as set forth in the contract documents, and Owner shall not be
liable for any consequential, punitive or indirect loss or damage that Contractor may suffer in connection with the
project which is the subject matter of this contract.
50. BONDS
The Contractor is required to furnish a performance bond in accordance with Chapter 2253, Government Code, in
the amount of 100% of the total contract price in the event that said contract price exceeds $100,000 and the
19
Contractor is required to furnish a payment bond in accordance with Chapter 2253, Government Code, in the
amount of 100% of the total contract price in the event that said contract price exceeds $25,000. All bonds shall
be submitted on forms supplied by the Owner, and executed by an approved Surety Company authorized to do
business in the State of Texas. It is further agreed that this contract shall not be in effect until such bonds are so
furnished.
51. SPECIAL CONDITIONS
In the event special conditions are contained herein as part of the contract documents and said special conditions
conflict with any of the general conditions contained in this contract, then in such event the special conditions
shall control.
52. LOSS OR EXPENSE DUE TO UNUSUAL OR UNANTICIPATED CIRCUMSTANCES
Unless otherwise specified herein, all loss, expense or damage to the Contractor arising out of the nature of the
work to be done, or from the action of the elements, or from any unforeseen circumstance or from unusual
obstructions or difficulties, naturally occurring, man made or otherwise, which may be encountered in the
prosecution of the work, shall be sustained and bome by the Contractor at his own cost and expense.
53. INDEPENDENT CONTRACTOR
Contractor is, and shall remain, an independent contractor with full, complete and exclusive power and authority
to direct, supervise, and control its own employees and to determine the method of the performance of the work
covered hereby. The fact that the Owner or Owner's Representative shall have the right to observe Contractor's
work during Contractor's performance and to carry out the other prerogatives which are expressly reserved to and
vested in the Owner or Owner's Representative hereunder, is not intended to and shall not at any time change or
effect the status of the Contractor as an independent contractor with respect to either the Owner or Owner's
Representative or to the Contractor's own employees or to any other person, firm, or corporation.
54. CLEANING UP
The Contractor shall at all times keep the premises free from accumulation of debris caused by the work, and at
the completion of the work Contractor shall remove all such debris and also its tools, scaffolding, and surplus
materials and shall leave the work room clean or its equivalent. The work shall be left in good order and
condition. In case of dispute Owner may remove the debris and charge the cost to the Contractor.
55. HAZARDOUS SUBSTANCES AND ASBESTOS
Hazardous Substances (herein so called), as defined in the Comprehensive Environmental Response,
Compensation, and Liability Act (42 U.S.C.S. §9601(14)) and the regulations promulgated thereunder, as same
may be amended from time to time, hydrocarbons or other petroleum products or byproducts and/or asbestos, in
any form, shall not (i) be utilized, in any way, manner or form, in the construction of, or incorporation into, the
Project; or (ii) be brought upon, placed, or located, by any party, on the Project site, or any other property of the
City, without the written consent of the Owner's Representative, If Contractor believes that the utilization of a
Hazardous Substance, hydrocarbons or other petroleum products or byproducts and/or asbestos is necessary in the
construction of the Project, or that it is necessary to place and/or otherwise locate upon the site of the Project or
other property of the City, a Hazardous Substance, hydrocarbons or other petroleum products or byproducts
and/or asbestos, Contractor shall notify the Owner's Representative, and request consent therefrom, at least
twenty (20) days prior to such action. Owner's Representative may grant or deny the request of Contractor and
provide whatever requirements such consent, if granted, is conditioned upon, in its sole and absolute discretion. If
the request of Contractor is not granted, or otherwise not responded to, by Owner's Representative within five (5)
days of the receipt of said request, said request shall be deemed to be denied.
20
4
In the event Owners Representative shall consent to the request of Contractor, Contractor shall be responsible for
ensuring that all personnel involved in the Project are (i) trained for the level of expertise required for proper
' performance of the actions contemplated by this Contract and, in particular, in all aspects of handling, storage,
disposal and exposure of Hazardous Substances, hydrocarbons or other petroleum products or byproducts and/or
asbestos; and (ii) are provided and utilize all protective equipment, including without limitation, personal
protective gear, necessary to provide protection from exposure to Hazardous Substances, hydrocarbons or other
' petroleum products or byproducts and/or asbestos.
L-1
21
ul
I
CURRENT WAGE DETERMINATIONS
RE: RESOLUTION NO.2002-R0483, NOVEMBER 14, 2002
1"
EXHIBIT A
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City of Lubbock
Building Construction Trades
Prevailing Rates
1.J
Craft
Hourly Rate
r7l
Acoustical Ceiling Installer
11.50
Air Conditioner Installer
12.00
Air Conditioner Installer -Helper
7.50
FJ
Asbestos Worker
9.00
Asbestos Supervisor
12.50
Bricklayer
12.50
Bricklayer -Helper
7.00
Carpenter
11.00
Carpenter -Helper
7.00
Cement Finisher
9.00
Drywall Hanger
11.00
Electrician
15.00
Electrician -Helper
8.00
Equipment Operator -Heavy
10.00
Equipment Operator -Light
9.00
Fire Sprinkler Fitter -Journey
18.00
Fire Sprinkler Fitter -Apprentice
10.00
Floor Installer
9.50
Glazier
10.50
Insulator-Piping/Boiler
10.50
Insulator -Helper
7.00
Iron Worker
11.00
LLaborer
-General
6.00
Mortar Mixer
6.00
(r
Painter
Plumber
9.50
12.50
Plumber -Helper
7.00
Roofer
9.00
Roofer -Helper
7.00
Sheet Metal Worker
10.00
(:
Sheet Metal Worker -Helper
7.00
L
Welder -Certified
11.00
EXHIBIT B
Paving and Highway Construction
Prevailing Wage Rates
Craft Hourly Rate
Asphalt Heaterman
9.00
Asphalt Shoveler
7.50
Concrete Finisher
9.00
Concrete Finisher -Helper
7.50
Electrical Repairer -Equipment
12.50
Flagger
6.50
Form Setter
8.00
Form Setter -Helper
6.50
Laborer -General
6.00
Laborer -Utility
6.75
Mechanic
9.00
Mechanic -Helper
7.00
Power Equipment Operators
Asphalt Paving Machine
9.00
Bulldozer
9.00
Concrete Paving Machine
9.00
Front End Loader
9.00
Heavy Equipment Operator
9.00
Light Equipment Operator
8.00
Motor Grader Operator
10.25
Roller
7.00
Scraper
7.50
Tractor -Trailer
8.50
Truck Driver -Heavy
8.00
Truck Driver -Light
7.00
2
i
EXHIBIT C
Prevailing Wage Rates
Overtime Rate
E] The rate for overtime (in excess of forty hours per week) shall be as required by the Fair Labor Standards Act.
FJEXHIBIT D
C1, Prevailing Wage Rates
Legal Holiday Rate
PThe rate for legal holidays shall be as required by the Fair Labor Standards Act.
P
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/2/7/05
July 15, 2003
CITY OF LUBBOCK
STREET/DRAINAGE ENGINEERING
STANDARD PAVING SPECIFICATIONS
TABLE OF CONTENTS
SECTION PAGE NUMBER
1.1
GENERAL
1
1.2
Specifications
1
1.3
Warranty and Acceptance
1
1.4
Testing and Inspection
2
1.5
Cleanup and Site Restoration
2
1.6
Notification of Property Owners
2
1.7
Protection of Utilities and Irrigation Systems
2
1.8
Water for Construction
3
2.1
CONCRETE
4
2.2
Classification
4
2.3
Mix Design
5
2.4
Strength Requirements
6
2.5
Cement
6
2.6
Aggregate
6
2.7
Flowable Fill
7
2.8
Water
7
2.9
Admixtures
8
2.10
Reinforcing Materials
8
2.11
Joints
9
2.12
Joint Sealing Materials
9
2.13
Curing Compounds
10
2.14
Forms for Concrete
10
2.15
Placing and Finishing Concrete
11
3.1
SUBGRADE
12
4.1
FLEXIBLE BASE (CALICHE)
13
4.2
Materials Tests
13
4.3
Flexible Base Construction
14
5.1 ASPHALT STABLIZED BASE (ASB) 14
5.2 ASB Mix design 15
5.3 Placing ASB 15
5.4 ASB Compaction 16
6.1 HOT MIX ASPHALT CONCRETE SURFACE (HMAC) 16
6.2
Thickness of HMAC Surface
17
6.3
Mix Design
17
6.4
Coarse Aggregate
19
6.5
Fine Aggregate
19
6.6
Asphalt
20
6.7
Placing HMAC
20
6.8
Compaction
21
6.9
Prime and Tack Coats
22
6.10
Emulsified Asphalt Sealer
23
7.1
STORM SEWER
23
7.2
Reinforced Concrete Pipe
23
7.3
Mortar
23
7.4
Preformed Bituminous Gasket Joints
24
7.5
Manholes
24
7.6
Manhole Frames and Covers
25
7.7
Construction Methods
26
7.8
Excavation
26
7.9
Pipe Installation
27
7.10
Backfilling
28
7.11
Trench Protection
29
8.1 FENCES
30
9.1 SALVAGE OF ASPHALT PAVING 30
10.1 BARRICADES
30
11.1 PROSECUTION OF THE WORK
AND WORKING DAYS 31
11.2 Working Days Definition 31
11.3 Work Between November 1 and January 2 32
12.1 MEASUREMENT AND PAYMENT 33
r]
12.2
Curb and Gutter
33
12.3
Concrete Flat Slabs
33
12.4 1
Curb Ramps
34
12.5
Concrete Drainage Channel
34
12.6
Retaining Wall or Curb on Drain Channel or Curb Ramp
34
12.7
Concrete Median
34
12.8
Concrete Street Paving
34
12.9
Sawing and Sealing Joints
35
12.10
Storm Sewer Inlet Boxes and Manholes
35
12.11
Headwalls
35
12.12
Storm Sewer Pipe
35
12.13
Extra Vertical Feet of Manhole
35
12.14
Curb and Gutter Removal
36
12.15
Concrete Slab Removal
36
12.16
2 Sack Flowable Fill
36
12.17
Asphalt Paving
36
12.18
Asphalt Paving Repair
36
12.19
Excavation and Grading
37
12.20
Ditch Grading and Unpaved Street Surface Grading
37
13.1
STANDARD DETAILS
37
Street Crown Elevations
Typical Asphalt Street Cross -sections
Typical 24 inch Curb and Gutter
Typical 30 inch Curb and Gutter
Concrete Valley Gutter
Alley Return and Alley Paving
Tee Alley
Typical Handicap Ramp
11;
CITY OF LUBBOCK
STREET I DRAINAGE ENGINEERING
STANDARD PAVING SPECIFICATIONS
1.1 GENERAL
The construction and materials for any City of Lubbock Street/Drainage Engineering
project shall conform to the following specifications and associated plan sheets. Any
construction or materials failing to meet the requirements of these specifications or
the plan sheets shall be removed and replaced at the Contractor's expense. No
consideration will be given to requests for reduced payments, except as specified, or
extended warranties for construction or materials not in conformance with these
specifications or the plan sheets.
The Engineer may require certificates from manufacturers certifying that materials or
equipment to be incorporated into the work meet these specifications. Material Safety
Data Sheets (MSDS) shall be required on all materials. All materials or equipment shall
be subject to approval by the Engineer before being incorporated into any project. After
_.a approval, the source and/or character of materials shall not be changed without written
authorization by the Engineer
The term Engineer used in these specifications may refer to the City of Lubbock City
Engineer or an individual designated by the City Engineer to administer these
f specifications and associated plans.
1.2 SPECIFICATIONS
Any references to these specifications, ASTM, AASHTO, TxDOT, or other designated
tests, procedures, quality standards, or requirements which are included in these
specifications or any associated plans shall be the latest edition and revision thereof.
When information indicated on plan sheets is different from these specifications, the
information on the plans shall govern.
1.3 WARRANTY AND ACCEPTANCE
All equipment, materials, and construction incorporated into any project covered by these
specifications shall be guaranteed against defective material and workmanship. Prior to
final acceptance, the contractor shall furnish to the Engineer, a written guarantee which
shall provide that the contractor shall remedy any defects in the work, and pay for
any and all damages of any nature whatsoever resulting in or from such defects when
such defects appear within one year from the date of acceptance of the work. The
determination of the necessity during the warranty period for the contractor to repair or
replace the work in whole or in part shall rest with the Engineer.
1.4 TESTING AND INSPECTION
All work shall be inspected and/or tested by a representative designated by the Engineer,
who shall have the authority to halt construction when, in his opinion, construction is
being performed contrary to these specifications or associated plans. Whenever any
portion of these specifications or associated plans is violated, the Engineer may order that
portion of construction that is in violation to cease until such violation is corrected.
Contractor shall cooperate with the Engineer in providing for sampling and testing
procedures. In the event City tests indicate out of specification materials, additional tests
may be provided by the contractor at his expense. Conflicting tests provided by the
contractor will not automatically be considered as compliance with specifications, but
will be considered only as additional information to be used by the Engineer to determine
the acceptance status of the material or construction in question.
Upon completion of construction, the contractor shall flood all paving improvements
within the project. Any improvements holding water one quarter inch or more in depth,
or extending more than 10 feet in length shall be removed and replaced.
1.5 CLEANUP AND SITE RESTORATION
After any construction covered by these specifications is completed, the Contractor shall
remove all equipment, surplus materials, and rubbish from the site. The contractor shall
restore all disturbed areas to their original condition satisfactory to the Engineer.
1.6 NOTIFICATION OF PROPERTY OWNERS
The contractor shall be responsible for maintaining positive communication with adjacent
property owners. The contractor shall notify all affected property owners with respect to
pending construction, restricted access, and driveway locations.
1.7 PROTECTION OF UTILITIES AND IRRIGATION SYSTEMS
The plans show only approximate locations of utilities as obtained from various utility
companies. It is not implied that all utilities or accurate locations are shown on the plans.
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It is the contractor's responsibility to familiarize himself with all utilities and locations.
The contractor shall comply with all laws, ordinances, and regulations with respect to
utility notification and protection, including Underground Facility Damage Prevention
Notification Centers.
On all projects the contractor shall exercise care not to damage any sanitary sewer pipe,
manholes, storm sewers, water lines, valves and boxes, communication cables, power
cables, gas lines, nor any other pipe or utility. The contractor will be responsible during
the construction period for damages to any utilities.
Irrigation systems affected by construction shall be properly repaired with materials
equal the existing system. The repairs shall be pressure tested to the satisfaction of the
Engineer prior to being covered.
1.8 WATER FOR CONSTRUCTION
The City will not furnish water at no charge for construction. To use City water for
construction the contractor shall acquire a water meter for use on a City fire hydrant, and
will be charged the applicable rate for the quantity of water used.
The contractor shall contact Lubbock Power and Light Customer Service Department
(775-2509) and establish a utility account. The contractor must pay the current deposit
for a fire hydrant meter. After the account is established and the deposit is paid, the
contractor may pick up a meter from the City Water Department. at 600 Municipal Drive.
Fire hydrants shall be operated only by use an approved fire hydrant wrench. No pipe
wrenches, or other unapproved devices, shall be used to open and close a fire hydrant.
For top loading trucks or containers the contractor shall provide a back flow prevention
assembly on the discharge side of the meter. The backflow prevention assembly shall be
in the form of two spring loaded ball check valves. When filling the truck or container
there shall be an air gap of at least two times the opening diameter of the truck or
container.
U For bottom loading trucks the contractor shall provide a Reduced Pressure Zone (RPZ)
type backflow prevention assembly. All Reduced Pressure Zone type back flow
prevention assemblies must be tested, and the test results approved by the City prior to
use. The test results shall be sent to the City of Lubbock Water Utilities Department,
Meter and Customer Service Supervisor for approval.
In accordance with City of Lubbock Ordinance No. 10208 "Pertaining to Backflow
Prevention", the City representatives are authorized to suspend water use from a fire
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hydrant by a contractor until the proper and correct backflow prevention devices are
installed.
2.1 CONCRETE
These specifications shall govern Portland cement concrete used for curb and gutter,
valley gutters, alley paving, sidewalks, street paving, drainage channels. The concrete
shall be produced at a Ready -Mix Concrete Batch Plant conforming to ASTM C 94.
The concrete shall be transported to the project location in approved Revolving Drum
Agitator Trucks, and shall be placed within one hour of mixing time. The concrete shall
be continuously mixed during transit.
No patching of any nature shall be allowed in repairing any damage to concrete
improvements. Where damage occurs, the section shall be removed to the nearest joints
and shall be replaced with new construction. Small cracks with no evidence of
displacement may be repaired with epoxy, only where approved by the Engineer.
All concrete shall have 5%, plus or minus 1-1/2%, air entrainment in conformance with
ASTM C 260.
All concrete street pavement shall include proper jointing as determined by the Engineer
and a minimum reinforcement of number 4 bars on 18" centers both ways, or as indicated
on plans.
2.2 CLASSIFICATION
The following City of Lubbock classes of concrete shall be used:
Class A Curb and gutter, sidewalks, curb ramps, drainage channels,
medians, inlet boxes, headwalls, junction boxes, driveways, and
retaining walls.
Class B Valley gutters and fillets, alley returns, and alley paving.
Class C Concrete street pavement.
Class D Utility encasements
Class E Fast setting concrete pavement such as "Fast Track" Concrete
Pavement or, other special design.
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2.3 MIX DESIGN
Twenty to thirty days prior to beginning any concrete construction the contractor shall
submit the following to the Engineer for approval:
1. Test certificates from an approved commercial testing laboratory on all
proposed aggregate. Certificates shall indicate material source, gradation, and
loss from 5 cycle Magnesium Sulfate or Sodium Sulfate test (not to exceed 18%)
2. A mix design based on water -cement ratio.
3. Results of compression tests in conformance with ASTM C 39 and/or flexural
tests in conformance with ASTM C 78, made by an approved commercial testing
laboratory. Tests shall be made on 6 cylinders and/or 6 beams at curing times
appropriate to the class of concrete.
jaThe City Engineer will approve or reject the mix design and materials based on these
submittals. This approval shall be subject to additional testing during construction.
Mix designs for various classes of concrete shall conform to the following:
Minimum Sacks Maximum Gal Maximum Slump
r Class Cement per CY Water per Sack Inches
A 5.0 6.5 5
B 5.5 5.5 5
C 6.0 6.0 3
D 4.5 6.5 5
E 7.0 5.0 As specified by
concrete batch plant
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2.4 STRENGTH REQUIREMENTS
The various classes of concrete shall conform to the following strengths in psi as
determined by the average of two test cylinders or beams. If cores are subsequently used
to prove compressive strength where test cylinders indicate failures, the required
compressive strength shall be increased by 10%.
COMPRESSIVE
FLEXURAL
Class 3 Day 7 Day 28 Day
A - 2100
B 2500 3000
C - 2500
D - -
E
2.5 CEMENT
3000
3600 600 (28 day)
2500 -
Unless otherwise specified 500 (16 hr)
Cement shall be Type 1, Type II, or Type III cements conforming to ASTM C 150
"Standard Specification for Portland Cement". Air entrained cement shall be Type IA,
Type IIA, or Type IIIA conforming to ASTM C 175 "Specification for Adding Air
Entraining to Portland Cement" and ASTM C 226 "Standard Specification for Air -
Entraining Portland Cement".
2.6 AGGREGATE
Concrete aggregate shall consist of natural, washed and screened sand, and washed and
screened gravel or clean crushed stone conforming to ASTM C 33. The aggregates shall
be well graded from coarse to fine with a maximum size of 1-1 /2 inches, and shall
conform to ASTM C 136.
All aggregate shall be free of injurious amounts of clay, soft or flaky materials, loam, or
organic impurities.
Coarse aggregate for Class C or E concrete shall be crushed limestone ( Brownwood type
or equivalent).
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C
Fine aggregate shall be graded from fine to coarse and shall conform to ASTM C 136.
The gradation for aggregate shall meet the following requirements by weight:
FINE AGGREGATE
COARSE AGGREGATE
Sieve
Percent Retained
Sieve
Percent Retained
3/8 inch
0
1-3/4 inch
0
No. 4
0-5
1-1 /2 inch
0-5
No.16
20-55
3/4inch
30-65
No. 30
45-75
3/8 inch
70-90
No. 50
70-90
No. 4
95-100
No. 100
98-100
Maximum amounts of organic impurities shall conform to ASTM. C 40 and ASTM C 87.
Maximum amounts of impurities finer than the #200 sieve shall conform to ASTM. C
117. Maximum amounts of soft particles shall conform to ASTM. C 123. Maximum
amounts of friable particles shall conform to ASTM C 142.
Stockpiles shall be protected from dusty conditions by drift fences or other methods
approved by the Engineer. Stockpiling methods used shall not allow aggregate to roll
down the slope as it is added to existing stockpiles. Stockpiles shall be built in layers of
uniform thickness. Equipment shall not be permitted to operate over the same lift
repeatedly.
2.7 FLOWABLE FILL
Flowable fill shall consist of a concrete mixture of pea gravel and sand with a cement
content of 2 sacks per cubic yard. Flowable fill shall be used for backfill in all utility
ditches within the right of way, and other areas as specified. Utility ditches in existing
paved streets shall be backfilled with flowable fill from the bottom of the ditch to the
paving surface.
2.8 WATER
Water shall be clean, clear, free from oil, acid or organic matter and free from injurious
amounts of alkali, salts, or other chemicals and shall conform to AASHTO T26.
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2.9 ADMIXTURES
Admixtures may be applied to the concrete mix design when approved by the Engineer to
achieve any desired special properties. Chemical admixtures shall conform to ASTM C
494. Chemical admixtures shall not be used as a substitute for Cement.
Mineral admixtures such as Fly Ash and Natural Pozzolans in conformance with ASTM
C 618 may not be used with Types I, II, and III Portland Cement unless specifically
approved by the Engineer. If approved only Class C or Class F fly ash may be used.
When fly ash is permitted to be used, "cement" in relation to mix design shall be defined
as "cement plus fly ash". Fly ash may constitute no more than 15% by absolute volume
of the cement as approved by the Engineer.
2.10 REINFORCING MATERIALS
GENERAL - All concrete, except for curb and gutter, shall incorporate wire mesh or
fiber reinforcement, and/or other reinforcement as indicated on plan sheets. Metal
reinforcement shall be grade 40 (40KSI) unless indicated otherwise on plan sheets.
All steel reinforcing materials shall be securely held in proper position with devices
appropriate to the type of reinforcement used, subject to approval by the Engineer.
STEEL - Wire mesh shall conform to ASTM A 185, and shall be 6"x 6"-10 gauge
welded wire fabric, or size as indicated on plan sheets. Reinforcing bars shall be open-
hearth basic oxygen or electric furnace new billet steel manufactured in accordance with
ASTM A 615 and ASTM A 305. Steel reinforcing materials stored at any location shall
be protected from accumulations of grease, mud or other foreign matter, and rust
producing materials. When incorporated into construction, steel reinforcement shall be
free from rust, scale, oil, mud, and structural defects.
Dowels for slip joints shall be smooth plain round bars free from burrs, rough surfaces,
and deformations. Sleeves or wrapping shall be as indicated on plan sheets.
Chairs shall be used to support the reinforcing steel in the correct position while concrete
is being placed. Chairs shall be made of plastic (preferred) or steel, and shall be of
adequate size to positively hold the reinforcing materials in position.
FIBER - Fiber reinforcement may be used in place of wire mesh only if approved by the
City Engineer. Fiber reinforcement shall be either 100% virgin polypropylene, collated,
fibrillated fibers specifically manufactured for use as concrete reinforcement, containing
no reprocessed olefin materials, or steel fibers equivalent to Novocon Xorex. The
quantity of fiber reinforcement used shall be 1.5 pounds per cubic yard, or as
recommended by the fiber manufacturer.
The minimum physical characteristics on the fiber shall be as follows:
Specific Gravity
Tensile Strength
Length
2.11 JOINTS
0.91
70,000 psi to 110,000 psi
3/4"
Curb and gutter (Class A concrete)shall be constructed with an expansion joint at the
tangent point of each return at intersections and at intervals not more than 40 feet
between the intersections. The 40 foot intervals may be omitted for machine placed curb
and gutter. Construction joints formed by removable metal templates accurately shaped
to the cross-section of the curb and gutter shall be located at the midpoint of each section
between expansion joints, or as directed by the Engineer. Tooled contraction joints, cut
at least one quarter the concrete depth, shall be placed at 10 foot intervals.
Alley paving (Class B concrete) shall be constructed with an expansion joint at each cold
joint. Tooled contraction joints, cut 1/2 inch wide 2 inches deep, shall be placed at 13
foot intervals. Alley paving contraction joints shall be sealed with an asphaltic sealer.
Street Paving (Class C or E concrete) shall be constructed with contraction and expansion
joints as indicated on plan and detail sheets. Unless otherwise specified, the joints shall
be sawed 1/2 inch wide and to depth equal to 1/4 of the pavement thickness plus one half
inch. Joints shall be saw cut within 12 hours of placement of the concrete paving. The
joints shall be sealed with an elastomeric system as specified in section 2.12.
Valley gutters and fillets shall be constructed with tooled construction joints. The joints
shall be sealed with an elastomeric system as indicated in section 2.12.
2.12 JOINT SEALING MATERIALS
Bituminous premolded expansion joint material shall conform to ASTM D 1751, and
shall be placed as indicated on plan sheets or elsewhere in these specifications.
Elastomeric sealant for contraction joints shall be, or shall be equivalent to, W.R.
0
Meadows "SOF-SEAL" or "GARDOX" as required by plan sheets. Hot poured sealant
for joints between Portland cement concrete and Bituminous concrete shall conform to
ASTM D 3405. Hot poured joint sealant for all other joints in Portland cement concrete
pavement, shall conform to ASTM D 3406. Cold poured joint sealant shall conform to
ASTM C 920.
Elastomeric joint sealant shall be mixed and applied in accordance with the
manufacturer's recommendations. Prior to application, joints shall be cleaned by
sandblasting and otherwise prepared so that the sealant adheres to the surfaces to form an
effective seal against moisture and solid particles. The sealant shall be a soft, highly
flexible, rubber like material after curing which shall not track, flow, crack, or break
when exposed to hot and cold temperature extremes typical of local conditions.
Backer rod used with elastomeric sealant shall be 25% greater in diameter than the joint
width. It shall be made of polyethylene foam or other material as recommended by the
sealant manufacturer. Compression of the backer rod material shall be approximately
25% shrinkage at 8 psi applied stress. The material shall not melt, shrink, evaporate, or
absorb water, and shall be compatible with the application of the sealant to be used.
2.13 CURING COMPOUNDS
All fresh concrete surfaces shall be completely covered with a liquid membrane forming
curing compound and the application shall conform to ASTM C 309 and TxDOT Item
"Membrane Curing
No other methods of moisture retention on fresh concrete shall be used unless
specifically approved by the Engineer.
2.14 FORMS FOR CONCRETE
Forms for concrete construction shall be set to the lines and grades established by the
Engineer after subgrade has been prepared. The forms shall be held together and in place
in such a manner that they will not move during the placing and working of the concrete.
The forms shall be cleaned and oiled prior to placing concrete. Face forms and
construction joints (removable metal plates) shall be set to hold the concrete in place
until it is to be finished.
Forms that are warped or damaged in any manner so as to make them unacceptable to the
Engineer shall not be used.
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F-1,
Forms for radii shall be set in the same manner as straight forms, and shall be set to
produce curves true to the plans. Face forms will not be required for curb and gutter on
radii if a true section can be obtained by other methods acceptable to the Engineer.
2.15 PLACING AND FINISHING CONCRETE
Concrete shall be placed as close to its proper location as practical. Sufficient concrete
shall be placed to allow for shrinkage and extra material for finishing. The concrete shall
be floated and troweled to the approximate section. No water shall be added during
placement or finishing of any concrete, unless specifically authorized by the
Engineer.
For curb and gutter removal of face forms and finishing shall be started after a partial set
occurs. For all concrete construction approved forms, templates, and tools shall be used
to form the cross -sections indicated on plan or detail sheets.
Concrete shall not be placed when the ambient temperature is below 40 degrees F as
determined by the National Weather Service continuous broadcast. Concrete shall not be
placed on frozen subgrade. The contractor shall have available sufficient covering
material, approved by the Engineer, to immediately protect concrete placed less than 6
hours should the air temperature fall below 33 degrees F. This protection shall remain in
place as long as the temperature continues below 32 degrees, to a maximum of 5 days.
No salt or other chemical admixtures shall be added to the concrete to prevent freezing.
All concrete placed for pavement shall be consolidated by use of mechanical vibrators
approved by the Engineer and designed to vibrate the concrete internally. Vibrators shall
be operated in a manner not to interfere with joints, and shall not come in contact with
forms. The surface of concrete street paving shall incorporate a heavy broom finish, or
tined finish if indicated on plans. All other concrete surfaces shall be completed with a
r light broom finish.
Finished concrete surfaces shall not have irregularities in excess of 1/8 inch when tested
with a 10 foot straightedge. Prior to acceptance, the contractor shall apply sufficient
water to all concrete and paving to determine locations of ponding. Ponded areas shall be
removed and replaced. Any concrete construction damaged by equipment, tools, vandals,
or other influences shall be replaced at the contractor's expense.
3.1 SUBGRADE
Subgrade material for concrete or asphalt construction shall consist of suitable native soil
or off site soil, free from vegetation or other objectionable matter. All unstable or
objectionable material shall be removed from the subgrade and replaced with approved
material. The material shall be suitable for forming a stable embankment and shall meet
the following requirements:
Liquid Limit 45 maximum
Plasticity Index 15 maximum
Linear Shrinkage 2 min - 10 max
Subgrade material which does not meet the above requirements may be conditioned with
lime or caliche screenings. The conditioning shall produce a uniform subgrade material
which meets all of these specified subgrade requirements
Subgrade shall be prepared in conformance with the lines and grades shown on the plans,
or as directed by the Engineer, by scarifying and compacting to a minimum of 95% of
Standard Proctor Density at optimum moisture content plus or minus 2%. Subgrade shall
be constructed in maximum of 6 inch lifts. The total thickness of the subgrade shall be 6
inches minimum for streets 36 feet wide or less, 12 inches minimum for streets greater
than 36 feet wide, or as indicated on plan sheets.
The compaction method for subgrade shall provide for each lift to be compacted to the
specified density using appropriate equipment. After each section of subgrade is
complete, tests as determined necessary by the City Engineer will be made by the City of
Lubbock Testing Lab with respect to moisture and density using nuclear testing
equipment. At any time the City Engineer may require proof rolling on streets or alleys
with a 25 ton pneumatic roller, or equivalent, to test the uniformity of compaction.
All utility ditches shall be determined to be stable prior to construction of subgrade over
such utility ditch.
Any fill placed within existing or proposed street right of way in execution of an
approved cut and fill plan shall meet these specifications for materials and construction.
Cut and fill operations shall comply with Chapter 25 of the City of Lubbock Code of
Ordinances.
Subgrade which has become wet, or otherwise altered, after completion may be subject to
retesting and reprocessing as determined by the Engineer.
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0�
4.1 FLEXIBLE BASE (CALICHE)
The material for flexible base shall consist of crushed caliche, limestone, calcareous clay
particles, conglomerate, gravel, sand, or other approved granular materials produced from
oversize quarried aggregate, sized by crushing and produced from a naturally occurring
single source. Blending of sources shall be allowed only if both sources individually
meet the requirements of these specifications. If material characteristics within the
approved source change, the material shall be subject to retesting and re -approval prior to
continued use. The Contractor shall not change material sources without approval by the
Engineer.
All base material sources are subject to approval by the Engineer. Approved sources that
do not test consistently within the limits of these specifications during construction may
be rejected by the Engineer.
Flexible base material may be conditioned by addition of crushed concrete (Class A
Concrete minimum). Blending of crushed concrete and caliche shall be performed at the
contractor's production site. The concrete shall be processed to remove wood, steel and
other contaminants before blending. The final blended material shall meet these material
and performance specifications as stated herein.
4.2 MATERIAL TESTS
Flexible base material shall conform to the following test requirements:
Sieve Analysis
Sieve Size 2-1/2" 1-3/4" 7/8" 1/2" #4 #40
%Retained 0 0-10 10-35 30-50 45-65 70-85
Atterberg Limits
Material passing the No. 40 Sieve shall be known as "Soil Binder" and shall meet the
following requirements:
Liquid Limit
45 maximum
Plasticity Index
15 maximum and 3 minimum
Linear Shrinkage
10 maximum
Wet Ball Mill
When tested in accordance with Tex- 116-E (Wet Ball Mill) the base material shall have a
value not to exceed 55. The percent of material passing the #40 sieve shall not increase
by more than 25 during the test.
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4.3 FLEXIBLE BASE CONSTRUCTION
Areas behind curbs shall be backfilled and leveled with approved topsoil prior to placing
base material. Approved flexible base material shall be hauled in vehicles of uniform
capacity and dumped evenly along the project length for processing and compaction.
Processing shall be accomplished in multiple lifts of 3 inches compacted thickness. Each
course shall be wetted and rolled with a pneumatic roller as required to produce a
uniform compaction of 95% minimum of Standard Proctor Density at a moisture content
1% to 2% below optimum. At any time the Engineer may require proof rolling with a 25
ton pneumatic roller to ensure uniform compaction of base. Processing for compaction
of caliche base with a sheeps foot type roller will not be permitted.
The base shall be maintained by blading, watering, or other methods until the wearing
surface is placed. Windrow caliche shall not be removed until the base has passed finish
inspection. Base which becomes wet, or other wise altered, may be subject to retesting
and reprocessing as determined by the Engineer.
The compacted flexible base shall be finished and shaped immediately proceeding the
application of the surface treatment. All loose or unconsolidated material shall be
removed and the surface moistened and rolled with a steel wheel roller. All irregularities,
depressions, or weak spots which develop shall be corrected by scarifying, adding or
removing material as required, reshaping, and recompacting, or other methods approved
by the Engineer.
Any deviation in the surface of the finished base in excess of 3/8 inch from the
established grade or true cross-section, using a 10 foot long straight edge, shall be
corrected as provided above.
5.1 ASPHALT STABILIZED BASE (ASB)
Asphalt stabilized base shall consist of a compacted mixture of graded gravel aggregate
and asphalt cement mixed hot in amixing plant in accordance with these specifications.
Unless otherwise specified, the materials and construction. shall conform to TxDOT Item
"Asphalt Stabilized Base" (Plant Mix). The contractor's plant and equipment are subject
to approval by the Engineer, and shall be appropriate and in suitable condition to produce
the base material consistently in compliance with these specifications.
In place compaction control is required for all ASB. The material shall be placed and
compacted to a minimum density as determined by TxDOT Test Method Tex-126-E.
Samples of the compacted ASB will be removed by City personnel from locations
designated by the Engineer to determine composition, compaction, thickness, and
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r.
fl
The combined mineral aggregate , after final processing by the mixing plant and prior to
addition of asphalt and mineral filler, shall have a sand equivalent value of not less than
45 when tested in accordance with Test Method Tex 203-F. The percent of flat of
elongated slivers of stone for any aggregate shall not exceed 25% when tested in
accordance with Test Method Tex 224-F.
Asphaltic mixtures with aggregates which exhibit stripping characteristics shall be
conditioned with either lime or liquid anti -stripping agent approved by the Engineer.
Anti -stripping agents shall meet requirements of TxDOT Item "Asphalt Anti -stripping
Agents", and shall be added at the manufacturer's recommended dosage and temperature
range
Core samples of the HMAC surface will be removed by City personnel from locations
A
designated by the Engineer (minimum of 2 cores per 600 foot block) to determine
composition, compaction, thickness, and density. HMAC surface found to be deficient in
"= composition, compaction, thickness, or density shall be corrected at the contractor's
expense as directed by the Engineer. The contractor shall replace the pavement removed
from core holes at no cost to the City.
6.2 THICKNESS OF HMAC SURFACE
The thickness of HMAC surface shall be a minimum of one and one half (1-1/2) inches,
unless otherwise indicated on plans. If only one core measures zero to 1/4 inch less than
required thickness no corrective action shall be required. If two or more cores measure at
least 1/4 inch less than the specified thickness, the HMAC surface shall be considered
deficient with respect to thickness. Additional cores will be taken at 25 foot spacing to
define the limits of deficiency.
No additional compensation will be made to the contractor for thickness of HMAC
surface eater than specified.
ecified.
tn'
6.3 MIX DESIGN
Type "D" HMAC shall be used on streets 36 feet or less in width. Type "C" HMAC
shall be used on streets greater than 36 feet in width, and strip paving (no curb and
gutter). The widths refer to the future full street width. The contractor shall provide a
current HMAC mix design using the approved materials indicating gradation and
optimum asphalt content. If the contractor elects to use Type "C" where Type "D" is
specified, the material must meet the Type "C" specifications.
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I
1.
If approved by the engineer the contractor may furnish an alternate mix design based on
his proposed materials. The aggregate mixture shall conform to the following master
gradation:
Tvne "C" (Coarse Graded Surface Course - Streets greater than 36 feet wide
Percent passing 7/8"
100
Percent passing 5/8"
98-100
Percent retained on 3/8"
12-25
Percent retained on No. 4
15-30
Percent retained on No. 10
12-30
Total percent retained on No. 10
53-65
Percent retained on No. 40
10-20
Percent retained on No. 80
5-15
Percent retained on No. 200
5-15
Percent passing No. 200
1-6
Tvne "D" ( Fine Graded Surface Course - Streets 36 feet or less wide
Percent passing 518"
100
Percent retained on 3/8"
0-15
Percent retained on No. 4
30-50
Percent retained on No. 10
12-30
Total Retained on No. 10
53-65
Percent retained on No.40
10-20
Percent retained on No. 80
5-15
Percent retained on No. 200
5-15
Percent passing No. 200
1-6
Material passing the No. 40 sieve shall be known as soil binder and shall meet the
following requirements:
Liquid Limit shall not exceed 45
Plasticity Index shall not exceed 15
Linear Shrinkage shall not exceed 5
The mineral aggregate shall not contain more than 0.5% moisture prior to entering the
pugmill for mixing with asphalt.
I
The HMAC mixture shall consist of a uniform mixture of mineral aggregate and asphalt
material. The percent asphalt in the mixture shall be determined to meet the Marshall
Stability criteria as follows:
Marshall Criteria Type "C" Type "D"
No. Blows (each end of specimen) 75 50
Stability (Lb.) 1500 1200
Flow (units of 0.01 inch) 8 min 16 max 8 min 18 max
4 Percent Air Voids 2 min 5 max 3 min 6 max
Molding temperature for Marshall criteria shall be 275 degrees F.
If approved by the Engineer, the contractor may provide an alternate mix design based on
his proposed materials. The contractor's materials and mix design shall meet all the
performance criteria addressed in these specifications.
6.4 COARSE AGGREGATE
The coarse aggregate shall be the material retained on a No. 4 sieve, and shall consist of
clean, tough, durable fragments of crushed stone of uniform quality. Mixing or
combining of crushed gravel and crushed stone will not be permitted. Coarse aggregate
shall be crushed to the extent that produces a minimum of 50% crushed faces for Type
"D" HMAC, and 55% crushed faces for Type "C" HMAC, when tested in accordance
with Test Method Tex -460-A Part I "Determination of Crushed Face Count".
Coarse aggregate shall have a maximum loss of 15% when subjected to 4 cycles of the
Magnesium Sulfate Soundness Test ASTM C-88. The amount of organic matter, clays,
loams, or particles coated therewith, or other undesirable materials shall not exceed 2
{ percent. When subjected to the Los Angeles Abrasion Test, the coarse aggregate shall
not have a loss greater than 40 percent by weight.
Coarse aggregate may be enhanced by addition of crushed concrete (Class A miniinum).
The crushed concrete shall be processed and blended at the contractor's batch plant. The
material shall be processed to remove wood, steel, and other objectionable materials so as
to produce a crushed aggregate in conformance with these specifications.
6.5 FINE AGGREGATE
The fine aggregate shall be that part of the material passing the No. 4 sieve and shall
consist of sand and/or screenings. The plasticity index of that part of the sand passing the
40 sieve shall not exceed 6. The plasticity index of the screenings shall not exceed 9.
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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.
Mineral filler shall consist of thoroughly dry stone dust, slate dust, Portland cement or
other material dust approved by the Engineer. The mineral filler shall be free of foreign
and other injurious matter and shall meet the following gradation:
Percent by Weight Retained on No. 30 Sieve 0
Percent by Weight Retained on No. 80 Sieve 10 maxiinum
Percent by Weight Retained on No. 200 Sieve 35 maximum
6.6 ASPHALT
Asphalt shall be AC 10 with Latex (3% by weight of asphalt), or performance grade 64-
28 S or L. The contractor shall notify the Engineer of the source of asphaltic material for
approval prior to production of the asphaltic mixture. The optimum asphalt content shall
be determined by the Marshall Stability method. The percent asphalt content in HMAC
surface shall be optimum plus 0.25% as indicated by Marshall Stability for streets for
Type "C" HMAC, and optimum plus 0.5% for Type "D" HMAC. The asphalt content of
the paving mixture shall not be below optimum, or vary from the specified design asphalt
content by more than plus 0.3 percent dry weight, based on total mixture.
6.7 PLACING HMAC
HMAC surface shall be constructed to a minimum compacted thickness of 1-1/2 inches.
The pavement shall be constructed on the previously approved base. Laying of HMAC
shall not start until sunrise, and must stop one hour before sunset. HMAC surface shall
not be layed until at least 48 hours after the application of the prime coat.
Air temperature requirements for placing HMAC shall be as follows:
November 1 to April 1
HMAC shall not be placed when the air temperature is below 55 degrees F and falling.
HMAC may be placed when the air temperature is above 50 degrees F and rising.
April 1 to November 1
HMAC shall not be placed when the air temperature is below 50 degrees F and falling.
HMAC may be placed when the air temperature is above 45 degrees and rising.
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' Air temperature shall be determined by the National Weather Service hourly report. If
the temperature of any HMAC, measured while passing through the lay down machine, is
25 degrees F more or less than the mixing temperature, the load shall be rejected. No
"payment will be made for rejected material.
The asphaltic mixture shall be dumped and spread on the approved prepared surface
F i,using an approved spreading and finishing machine. The material shall be placed in such
a manner that when properly compacted the finished course is smooth, of uniform
density, and in conformance with the cross -sections and grades shown on the associated
plans. Raking loose material back across the HMAC mat will not be permitted. Wings
of the laydown machine may not be dumped unless they are dumped after every load.
A level up course, 1/2 inch or more in thickness, shall require the use of ASB or a coarse
grade of HMAC approved by the Engineer.
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When the asphaltic mixture is placed in a small area where use of a finishing machine is
` not practical, the contractor may use other methods approved by the Engineer provided a
satisfactory surface can be obtained.
Adjacent to curbs gutters or other flush structures, the surface shall be finished uniformly
high so that when compacted it will be 1/4 inch above the curb or.flush structure.
All joints shall present the same texture, density, and smoothness as other sections of the
course. The joints between old and new pavements or between successive day's work
shall be made to insure a continuous bond between the old and new sections of the
course. The transverse edges of old pavement and, if required by the Engineer, the
successive day's pavement shall be cut with an approved concrete saw to expose an even
vertical surface for the full thickness of the course. All contact surfaces of previously
constructed pavement shall be painted with a thin uniform coat of hot Bituminous
material before the fresh mixture is placed.
6.8 COMPACTION
HMAC surface compaction shall be as follows:
Type C - 95% to 98% of Marshall density (2% to 5% air voids)
Type D - 94% to 97% of Marshall density (3% to 6% air voids)
Using appropriate rollers approved by the Engineer, the pavement shall be compacted
thoroughly and uniformly to a density consistent with the density developed in the
laboratory Marshall test method of molding stability specimens. At a minimum one
tandem roller weighing not less than 8 tons, two pneumatic rollers with a weight capable
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of being uniformly varied from 275 to 550 psi per inch width of tire tread, and one three
wheel roller weighing not less than 10 tons shall be provided for each job. Additional
rollers shall be provided by the contractor if needed.
Rolling with three wheel and tandem rollers shall start longitudinally at the sides and
proceed toward the center of the pavement, overlapping on successive trips by at least
half the width of the rear wheels. Alternate trips of the roller shall be slightly different in
length. On super -elevated curves rolling shall begin at the low side and progress toward
the high side.
Rolling with pneumatic rollers shall be done as directed by the Engineer and shall be
continued until required compaction is obtained and all roller marks are eliminated.
The motion of the rollers shall be slow enough to avoid displacement of the mixture.
Rollers shall not be permitted to stand on pavement which has not been fully compacted.
Any displacement of the mixture shall be corrected immediately by the use of rakes and
fresh mixture where required.
Gasoline, oil, grease, solvents, or other foreign matter shall not be permitted to fall on the
pavement when rollers are in operation or standing.
Places inaccessible to the rollers may be compacted using lightly oiled tamps. Trenches
and other limited areas where required compaction cannot be obtained using a three
wheel roller shall be compacted with a trench type roller.
The surface of the pavement after compaction shall be smooth and true to the established
line, grade, and cross-section. When tested with a 10 foot straight edge placed parallel to
the centerline of the roadway, or other means acceptable to the Engineer, the maximum
deviation shall be not exceed 1/8 inch in 10 feet. An acceptable 10 foot straight edge
shall be provided by the contractor. Any point in the surface not meeting this
requirement shall be corrected as directed by the Engineer. When placed on existing
surfaces, the 1/8 inch maximum deviation requirement may be waived by the Engineer.
6.9 PRIME AND TACK COATS
Prior to placing HMAC on flexible base, the surface shall be primed using an application
of 0.20 gallons of MC-30 asphalt per square yard of surface.
Before any asphaltic mixture is laid, the surfaces against which the pavement is to be
placed shall be cleaned to the satisfaction of the Engineer. The surfaces shall be given a
uniform application of tack coat using asphaltic materials of this specification. The tack
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0
All cones and adjusting rings shall maintain a clear 24" opening. Adjusting rings shall be
reinforced with the same percentage of steel as risers and tops and will also meet ASTM
C-478 specifications. Adjusting rings, as well as all precast concrete manhole products,
shall be sinooth, uniform in size and dimensions, consistent in components throughout
and free of voids or. honeycombs.
All manholes shall be designed to withstand H-20 AASHTO loading. They shall also
have lifting holes that do not protrude through manhole wall; one full inch of concrete
thickness must remain between lift hole and outside wall of manhole.
Manhole barrels shall be assembled of precast riser section. Riser sections and top cone
sections shall be placed vertically with tongues and grooves properly keyed.
Invert channels shall be smooth and semi -circular in shape conforming to the inside of
the adjacent pipe section. Changes in direction of flow shall be made with a smooth
curve of as large a radius as the size of the manhole with permit. Changes in size and
grade of the channels shall be made gradually and evenly. The invert channels may be
formed directly in the concrete of the manhole base or may be half -pipe laid in concrete.
The floor of the manhole outside the channel shall be smooth and shall slope toward the
channel not less than one inch per foot, nor more than two inches per foot.
All connections between the riser or base sections and the sewer pipe shall be joined in
such a manner as to make the manholes watertight. Preformed rubber waterstop gaskets
cast into the riser or base section are acceptable. Preformed flexible plastic sealing
compounds equivalent to "Ram-nek" or "Kent Seal" may be used provided a watertight
seal is achieved.
Adjusting rings may be used for adjusting the top elevation, except that the total height of
the adjusting rings shall not exceed 12 inches at any manhole. Concrete shall be placed
around and under the rings to provide a seal and seat the ring at the proper elevation.
Each manhole shall have a minimum of 6 inches of grade adjustment.
7.6 MANHOLE FRAMES AND COVERS
Manhole frames and covers shall be of good quality gray iron casting and conform to
ASTM A-48, having a clear opening of not less than 22 inches. The casting shall be
designed with a full bearing ring so as to provide a continuous seat between frame and
cover. The cover shall be furnished with lifting ring cast into the cover in such manner as
to prevent water leaking through. Frame and cover shall have a weight of not less than
275 pounds. The manhole ring and cover shall be Western Iron Works #40 or approved
equal.
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11.2 WORKING DAYS DEFINITION
City contracted paving projects will be based on working days allowed. No requests for
extensions of time will be considered. A working day is defined as a calendar day, not
including Saturdays, Sundays, or City of Lubbock designated holidays, in which weather
or other conditions beyond control of the contractor will permit the performance of the
principal unit of work fora continuous period of not less than 7 hours between 7:00 am
and 6:00 pm.
Work on Saturdays, Sundays, or City of Lubbock designated holidays must be authorized
by the Engineer (see item 113). For each Saturday, Sunday, or City of Lubbock
designated holiday on which the Contractor chooses to work and has authorization from
the Engineer to work, 1 day will be charged against the contract working time when
conditions will permit at least 7 hours of work as described above. Work on Sunday
will not be authorized except in cases of extreme emergency, as determined by the
Engineer.
Working days will be considered to begin on the effective date stated in the Notice to
Proceed, unless the contractor is unable to begin work on that date due to factors beyond
his control as detenmined by the Engineer. In that event, time charged against the project
will begin on the date the contractor could first work a minimum of 7 hours as described
above.
The Engineer will furnish the contractor a monthly statement showing the number of
working days used and the working days remaining. The contractor shall be allowed 10
calendar days in which to protest the correctness of each statement. The protest shall be
in writing, addressed to the Engineer, and shall indicate basis of the protest. The
Engineer shall respond to the protest within 10 calendar days of receiving the protest.
Failure to file a protestvithin the allotted 10 days for any statement shall indicate the
contractor's approval of the time charges as shown on that period's time statement, and
future consideration of that time statement will not be permitted.
11.3 WORK BETWEEN NOVEMBER 1 AND JANUARY 2, AND ON OTHER
HOLIDAYS
If conditions are such that, in the opinion of the Engineer, construction will negatively
affect local businesses during holiday periods, the Engineer may suspend construction
operations from November 1 to January 2.
The City of Lubbock otserves specific holidays, and City staff are not required to work
those days. As standard procedure, construction operations that require
testing/inspection
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may not be performed on those holidays. If the contractor needs to perform construction
operations that require City personnel on holidays, the contractor shall make a written
request for authorization to work from the Engineer. The request shall state the reason
the work is necessary, and shall state that the contractor agrees to pay the City for the
related personnel expenses including salary, overtime, and benefits. If City personnel are
available, the Engineer may approve the request.
12.1 MEASUREMENT AND PAYMENT
The unit price bid on each item as stated in the bid proposal shall include furnishing all
labor, superintendence, machinery, equipment, and materials, except as otherwise
specified, necessary or incidental to complete the various items of work in accordance
with the plans and specifications. Cost of work or materials shown on the plans or called
for in the specifications and on which no separate payment is made shall be included in
the bid prices on the various pay items.
Payment will not be made for any item that is not complete, including all associated
incidental work. All of the items covered by these standard specifications may not be
included in a particular project. Only those items indicated on bid documents and plan
sheets shall be included for construction and payment.
12.2 CURB AND GUTTER
Measurement will be made of the linear feet of curb and gutter actually constructed.
Curb and gutter will be paid for at the unit price bid per linear foot. The unit price bid
shall include furnishing and installing all materials, excavation, filling, backfilling,
forming, finishing, and all incidentals necessary to complete the work.
12.3 CONCRETE FLAT SLABS - SIDEWALK, DRIVEWAY, ALLEY RETURN,
ALLEY PAVING, AND VALLEY GUTTER
Measurement will be made of the area, in square feet, of flat slab actually constructed.
Flat slabs will be paid for at the unit price bid per square foot for each specific type of
slab. Curb on alley returns shall be included in the area measured for the slab and will
not be paid as a separate item. The unit price bid shall include furnishing and installing
all materials, excavation, filling, backfilling, reinforcement, forming, finishing, joint
cutting, joint sealing, and all incidentals necessary to complete the work.
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12.4 CURB RAMPS (HANDICAP RAMPS)
Measurement will be made of the area, in square feet, of curb ramp actually constructed,
including top surface area of any retaining wall or curb. Curb ramps will be paid for at
the unit price bid per square foot. The unit price bid shall include furnishing and
installing all materials, excavation and filling within two feet of the ramp, back filling,
reinforcement, forming, finishing, and all incidentals necessary to complete the work.
12.5 CONCRETE DRAINAGE CHANNEL
Measurement will be made of the area, in square feet, of drainage channel actually
constructed, including top surface area of any retaining wall or curb. Drainage channel
will be paid for at the unit price bid per square foot. The unit price bid shall include
furnishing and installing all materials, excavation and filling within two feet of the
channel, backfilling, reinforcement, forming, finishing, and all incidentals necessary to
complete the work.
12.6 RETAINING WALL OR CURB ON DRAINAGE CHANNELS AND CURB
RAMPS
Measurement will be made of the height and linear feet of wall or curb actually
constructed. Retaining wall or curb will be paid for at the unit price bid per linear foot
multiplied by the height of the wall or curb in inches above the top of the slab (per linear
foot per inch height).
The unit price bid shall include furnishing and installing all materials, excavation, filling,
backfilling, reinforcement, fornung, finishing, and all incidentals necessary to complete
the work.
12.7 CONCRETE MEDIAN
Measurement will be made of the area, in square feet, of median actually constructed.
Median will be paid for at the unit price bid per square foot. The unit price bid shall
include furnishing and installing all materials, excavation, filling, reinforcement,
forming, finishing, and all incidentals necessary to complete the work.
12.8 CONCRETE STREET PAVING
Measurement will be made of the area, in square yards, of concrete street paving actually
constructed. Concrete street paving will be paid for at the unit price bid per square yard.
The unit price bid shall include furnishing and installing all materials, excavation, filling,
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backfilling, reinforcement, forming, finishing, and all incidentals necessary to complete
the work.
Sawing and sealing of joints shall not be included and will be paid for as a separate bid
item.
12.9 SAWING AND SEALING OF JOINTS IN CONCRETE STREET PAVING
Measurement will be made of the linear feet of sawed and sealed joints actually
constructed. Sawing and sealing of joints will be paid for at the unit price bid per linear
foot. The unit price bid shall include furnishing and installing all materials, equipment,
sawing, cleaning, seal components, and all incidentals necessary to complete the work.
12.10 STORM SEWER INLET BOX AND MANHOLES
Storm sewer inlet boxes and manholes will be paid for at the unit price bid per each. The
unit price bid shall include furnishing and installing all materials, excavation, filling
(except flowable fill), floor, connection to pipes, reinforcement, forming, finishing,
manhole rings and covers, and all incidentals necessary to complete the work.
12.11 HEADWALLS
Storm sewer headwalls will be paid for at the unit price bid per each. The unit price bid
shall include furnishing and installing all materials, excavation, filling, reinforcement,
forming, finishing, grates, and all incidentals necessary to complete the work.
12.12 STORM SEWER PIPE
Measurement along the centerline of the pipe will be made of the actual length of pipe
constructed, from face of structure to face of structure or to centerline of manhole, and
will be paid for at the unit price bid for Storm Sewer. Depth of cut shall be considered to
be from the top of the adjacent grade stake to the flowline of the pipe. The unit price bid
shall include furnishing and installing all materials, pavement removal, excavation,
filling, backfilling with compacted soil where applicable, and all incidentals necessary to
complete the work. Flowable fill will be paid for as a separate pay item.
12.13 EXTRA VERTICAL FEET OF MANHOLE
The actual constructed manhole will be measured from the top of the base to the top of
the ring and cover. Any depth of manhole exceeding 6 feet in depth will be paid for at
the unit price bid for extra vertical feet of manhole. The unit price bid shall include
furnishing and installing all materials and all incidentals necessary to complete the work.
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12.14 CURB AND GUTTER REMOVAL
Measurement will be made of the linear feet of curb and gutter actually removed.
Payment will be made at the unit price bid per linear foot of curb and gutter removed.
The contractor shall ensure that the Engineer has the opportunity to measure the linear
feet of curb and gutter prior to removal. If curb and gutter is removed without
measurement by the Engineer, no payment will be made for that removal. The unit price
bid shall include sawing, hauling, labor and equipment, and legal disposal for removal of
the curb and gutter.
12.15 CONCRETE SLAB REMOVAL
Measurement will be made of the area in square feet of concrete slab actually removed.
Payment will be made at the unit price bid per square foot of concrete slab removed. The
contractor shall ensure that the Engineer has the opportunity to measure the area of
concrete slab prior to removal. If concrete slab is removed without measurement by the
Engineer, no payment will be made for that removal. The unit price bid shall include
sawing, breaking, hauling, labor and equipment, and legal disposal for removal of the
concrete slab.
12.16 2 SACK FLOWABLE FILL
Quantities of 2 sack flowable fill will be detennined from tickets provided by the drivers
of the delivery trucks.
Payment will be made at the unit price bid per cubic yard of in place 2 sack flowable fill.
The unit price bid shall include furnishing and placing the material and all incidentals
necessary to complete the work.
12.17 ASPHALT PAVING
Measurement will be made of the area, in square yards, of asphalt paving actually
constructed. Payment will be made at the unit price bid per square yard. The unit price
bid shall include furnishing and installing all materials, subgrade preparation,
construction of caliche or asphalt stabilized base as specified, excavation, filling, tack
and prime coats, HMAC surface, emulsion seal, and all incidentals necessary to complete
the work.
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12.18 ASPHALT PAVING REPAIR
Measurement will be made of the area, in square yards, of in place asphalt paving repair.
Payment will be made at the unit price bid per square yard of paving repair. The unit
price bid shall include furnishing and placing all asphaltic materials, sawing of existing
paving edges, smoothing and preparation of the existing base, flowable fill if required,
tack and prime coats, compaction, and all incidentals necessary to complete the work.
12.19 EXCAVATION AND GRADING (OUTSIDE LIMITS OF
CONSTRUCTION)
Volume of excavation or fill, in cubic yards, will be determined by average end area
method. Payment will be made at the unit price bid per cubic yard of completed
excavation or fill. The unit price bid shall include all labor, equipment, and incidentals
necessary to excavate or fill the site to the grades established by the Engineer. No
separate payment will be made for disposing of excess material.
12.20 DITCH GRADING AND UNPAVED STREET SURFACE GRADING
The volume of ditch grading, in cubic yards, will be determined by average end area
method. Measurement will be made of the area, in square yards, of completed surface
grading of unpaved streets. Payment will be made at the unit price bid per cubic yard of
completed ditch grading per cubic yard, or surface grading per square yard. The unit
price bid shall include all labor, equipment, and incidentals necessary to grade ditches or
surface grade unpaved streets to the grades established by the Engineer. No separate
payment will be made for disposing of excess material.
13.1 STANDARD DETAILS
Construction shall be in accordance with the following standard details unless otherwise
indicated on plans, or directed by the Engineer. The 24 inch curb and gutter details shall
be considered to be standard. 30 inch curb and gutter details shall apply only if
specifically indicated on plans or bid documents.
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STREET CROWN ELEVATIONS
PAVEMENT WIDTH FINISHED PAVING SURFACE
CURB FACE TO CURB FACE ABOVE GUTTER
24 feet
0.35 feet
26 feet
0.37 feet
28 feet
0.40 feet
30 feet
0.42 feet
32 feet
0.45 feet
36 feet
0.50 feet
42 feet
0.57 feet
46 feet
0.62 feet
52 feet
0.69 feet
64 feet
0.85 feet
66 feet
0.86 feet
86 feet
1.14 feet
88 feet
1.15 feet
All street paving shall incorporate a centerline crown at the listed elevation unless
otherwise indicated on plans, or as directed by the Engineer. The widths listed above
refer to the total proposed future full width of street.
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