HomeMy WebLinkAboutResolution - 2006-R0097 - Contract - West Texas Paving Inc. - Overton Park Wal-Mart Paving And Drainage - 02_24_2006Resolution No. 2006-R0097
February 24, 2006
Item No. 6.21
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 Overton
Park Wal-Mart paving and drainage improvements, Bid 06-003-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:
It Ald
TOM M TIN, MAYOR PRO TEM
-P, 'ize el
Rebecca Garza, City Secretary
APPROVED AS TO CONTENT:
om Adams, Deputy City Manager
APPROVED AS TO FORM:
ty Attorney
gsl/ccdocs/res-Contract-Overton Park Wal-Mart, West TX Paving
2.10.06
= City of Lubbock
PURCHASING DEPARTMENT
ROOM 204, MUNICIPAL BUM DING
1625 13n' STREET
k LUBBOM TEXAS 79401
PH: (806)775 2167 FAX: (806)775-2164
httpJ/purchasing.cLIubbock-tx.us
rW 06-003-BM, Addendum #1
ADDE"UMV
ITB # 06-003-BM
Overton Park Wal-Mart Paving and
Drainage Improvements
DATE ISSUED: January 24, 2006
CLOSE DATE: February 1, 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. On Plans Sheets P-1 DEMOLITION PLAN, and P-2 DIMENSION PLAN, make the following CHANGE:
On Avenue R, terminate the curbed section at Sta. 10+44. Construct heavy duty strip paving from the end of the
curbed section to the existing end of radius on 4th. St. (approximately 24 LF).
2.On Plans Sheets P-1 DEMOLITION PLAN, and P-2 DIMENSION PLAN, make the following CHANGE:
On Avenue T, terminate the curbed section at Sta. 10+47. Construct heavy duty strip paving from the end of the
t curbed section to the existing end of radius on 4th. St. (approximately 22 LF).
3. Bidders must submit the REVISED BID SUBMITTAL UNIT PRICE BID CONTRACT, attached, which
reflects the following CHANGES:
u
Bid Item No. 1 is INCREADED from 2,897 SY to 2,955 SY
Bid Item No. 2 is DECREASED from 8,910 SY to 8,824 SY
Bid Item No. 3 is DECREASED from 639 SY to 527 SY
Bid Item No. 7 is DECREASED from 6,239 LF to 6,188 LF
Bid Item No. 22 is DECREASED from 7,239 LF to 7,144 LF
4. Revised Plans Sheets, reflecting the aforementioned changes, will be provided to the successful bidder at the Pre -
Construction Meeting.
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(d),mylubbock.us
THANK YOU,
CITY OF LUBBOCK
Bruce MacNair
Senior Buyer
rrB#06.003-9MAd1.doc 1
ITB# 06-003-BM, Addendum #1
It is the intent and purpose of the City of Lubbock that this request permits competitive bids. It shall be the bidder's
resaonsibility to advise the City of Lubbock Purchasing Manager if any language, requirements, etc., or any combinations
thereof;_inadvertently restricts or limits the requirements stated in this FM 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.
ITB#06-003-BMAd 1.doc
2
U, 0
City of Lubbock
PURCHASING DEPARTMENT
ROOM 204, MUNICIPAL BUILDING
1625 13T" STREET
LUBBOCK, TEXAS 79401
PH: (806)775-2167 FAX: (806)775-2164
http://purchasing.ci.lubbock.tx.us
iTB# 0"03-BM, Addendum #2
ADDENDUM #2
ITB # 06-003-BM
Overton Park Wal-Mart Paving and
Drainage Improvements
DATE ISSUED: February 1, 2006
OLD CLOSE DATE: February 1, 2006 @ 2:00 P.M. C.S.T.
NEW CLOSE DATE: February 9, 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 February 1, 2006 @ 2:00 P.M. C.S.T. to February 8,
2006 @ 2:00 P.M. C.S.T.
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(dmvlubbock.us
i i"E"I5;i2s]ilA
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 Cites+ of Lubbock Purchasing Manager if _am—lanmusye requirements. etc., or any combinations
thereof, inadvertently restricts or limits the reauirements stated_ in this ITB to a sinrrle 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.
iTB#06-003-BMAd2.doc 1
Fil
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P:
CITY OF LUBBOCK
F" INVITATION TO BID
FOR
TITLE: OVERTON PARK WAL-MART PAVING AND DRAINAGE IMPROVEMENTS
ADDRESS: LUBBOCK, TEXAS
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F
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ITB NUMBER: 06-003-BM
PROJECT NUMBER: 91065.8302.20000
Ell�
CONTRACT PREPARED BY: PURCHASING & CONTRACT MANAGEMENT DEPARTMENT
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L.
L
INDEX
1. NOTICE TO BIDDERS
2. GENERAL INSTRUCTIONS TO BIDDERS
3. BID SUBMITTAL - BID FOR LUMP SUM CONTRACTS
4. PAYMENT BOND
5. PERFORMANCE BOND
6. CERTIFICATE OF INSURANCE
7. CONTRACT
8. GENERAL CONDITIONS OF THE AGREEMENT
9. CURRENT WAGE DETERMINATIONS
10. SPECIAL CONDITIONS
11. SPECIFICATIONS
r.
NOTICE TO BIDDERS
r
NO'TICt TO BMI)EAS
ITB #06-003-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
4 13th Street, Room 204, Lubbock, Texas, 79401, until 2:00 o'clock p.m. on 1st February, 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:
"OVERTON PARK WAL-MART 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 1st February. 2006, and the City of Lubbock City Council will consider the
bids on 23rd February, 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
s THE BID SUBMITTAL SHALL CONSTITUTE A NONRESPONSIVE BID AND RESULT IN
DISQUALIFICATION OF THE BID SUBMITTAL.
It shall be each bidders sole responsibility to inspect the site of the work and to inform himself regarding all local
conditions under which the work is to be done. It shall be understood and agreed that all such factors have been
thoroughly investigated and considered in the preparation of the bid submitted. There will be a non -mandatory pre -bid
conference on 18th January, 2006 at 10:00 o'clock a.m., in Training Room L01,1625 13th Street, 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,
httr):/,l)r.thereproductioncompany.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.
CITY OF LUBBOCK
VICTOR KILMAN, DIRECTOR
PURCHASING & CONTRACT MANAGEMENT
= = �3 = cm,- cm C-j = m m m cm = = = = m
r
ri GENERAL INSTRUCTIONS TO BIDDERS
BID DELIVERY, TIME & DATE
1.1 The City of Lubbock is seeking written and sealed competitive bids to furnish OVERTON PARK WAIL_
MART PAVING AND DRAINAGE IMPROVEMENTS per the attached specifications and contract
documents. Sealed bids will be received no later than 2:00 p.m. CST, 1st February, 2006 at the office
listed below. Any bid received after the date and hour specified will be 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 comer: "ITB #06-003-BM, OVERTON PARK WAL-MART 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
i 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 10:00 a.m., January 18th, 2006 in Training Room LQL 1625 13th Street, Lubbock. Texas.
All persons attending the meeting will be asked to identify themselves and the prospective bidder they
s
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:Uwww.RFPdepot.com_ We strongly suggest that you check for any addenda a
1 ' minimum of forty-eight hours in advance of the response deadline. BUSINESSES WITHOUT
INTERNET ACCESS may use computers available at most public libraries.
3.2 Any 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 h"://Nkrww.RFPdel2ot.com and will
kN '; 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.
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.
5 BID PREPARATION COSTS
5.1 Issuance of this ITB 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.
8 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
Email: BMacnair@mylubbock.us
RFPDepot: httn:�'www,.RFPdeyot.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 SIXTY (160) WORKING 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
r.
01 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.
l 21 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
Via immediately by Contractor to the satisfaction of the City of Lubbock, Texas, at Contractor's expense.
4 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
�U 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
Contractor from the City. In all cases where written permission is obtained for the use of explosives, the
Contractor shall assume full responsibility for all damage, which may occur as a direct or indirect result
of the blasting. In addition, in all cases where explosives are authorized to be used, the Contractor shall
use utmost care so as not to endanger life or property and the Contractor shall further use only such
5
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
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
Po 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:
28.3.1 Bidder's name
S 28.3.2 Bid for (description of the project).
7
t::
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.
0) 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 24 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 by the City of Lubbock and/or investigation by the Attorney General to
determine possible Anti -Trust violations.
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.
Mn L3 CL:�� CLD L::�� CL3 en �D M3 M9 E5 mi CLJ 2�1) t�Lj L-
0
ITB#06-003-BM, Addendum #1
REVISED BID SUBMITTAL
UNIT PRICE BID CONTRACT
PROJECT NUMBER #06-003-BM - OVERTON PARK WAL-MART PAVING AND DRAINAGE
Bid of
;nJ6 1NC-
(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 OVERTON PARK WAL-MART
PAVING AND DRAINAGE 114PROVEMENTS 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. 2,955 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 salvaging of existing asphalt surface
(caliche base to be reused for fill) including haul to City of
Lubbock stockpile, furnished and installed, complete and in -place.
MATERIALS: -SCyC /u D O LI-.+As d � /1 ° $ 7 ~ 1SY( oZ V G•SS,- )
A)o ..
LABOR: .S C 0 f-1y DO L I —At -S IV/ • • /SY( A?!� IS )
TOTAL XO0
BID ITEM #1: O CC R f Nl � lSY discrepancy, �113�_
(Unit Price Amounts shall be shown in both words and numerals. In case of crepancy, the amount. shown in words shall g vem.)
Bidder's Initials
ITB#06-003-BMAdl
F
ITB#06-003-BM, Addendum #1
Estimated
Item Quantity
No. & Unit Description of Item Total Amount
2. 8,824 SY Standard City of Lubbock heavy duty asphalt paving, Type "C",
Including 2" HMAC, 8" black base, and all subgrade preparation to
include all necessary removal and salvaging of existing asphalt surface
(caliche base to be reused for fill) including haul to City of Lubbock
stockpile, fiunished and installed, complete and in place
r44
MATERIALS: _5,eV eA1 TeCb Z) L. LAX d rao $17 /SY(%��. Ooa ~
N )
LABOR: .5de v& N T rFN D d 4 L-q f L-S ,e NZ• 0 $ lsY(15D d o a )
TOTAL M �/
BIDITEM #2:%�411e TY Fotd/t D0LL/l0i It o $cJ 7l /SY(� O I )
(Unit Price Amounts shall V shown in both words and numerals. In case of discrepancy, the amount shown in words shall govern.)
3. 527 SY 6" Portland cement concrete paving, City of Lubbock Class C
concrete, used in concrete fillets and valley gutters, including all
subgrade preparation, curbing, reinforcement, and jointing, furnished
and installed, complete and in place
MATERIALS: -",*/ 2 rV py Girt 4s 7,y04 $ 39' " /SY( / ryys- >
LABOR: lWit -rii rive DO (__r_. 9S r u/'� a $ J-5 /SY( /d"y 5,TOTAL .• )
to
BIDITEM #3: CyE)V-rV QO � Qvo $ 70 lsY(J/ 91? )
(Unit Price Amounts shell be shown fa both words and numerals. In case of discrepancy, the amount shown in words shall g ern.)
4. ill SY 6" Portland cement concrete paving, City of Lubbock Class B
concrete, used in standard and non-standard alley returns, including all
subgrade preparation, curbing, reinforcement, and jointing, furnished
and installed, complete and in place
`? w cowAj 's
, MATERIALS: 40-/AV(ZilJr DoG��t�cj ti dQ /SY(
a
LABOR $ /SY( 3 S ty )
TOTAL ea aD
BID ITEM #4: SSEV ey T u O L. LA A r IV- �// 10 a $� � /SY(
(Unit Price Amounts shall be shoo6m in both words and numerals. In case of discrepancy, the amount shown in words ovem.)
Bidder's Initials
TTB#06-003-BMAd1
ITB#06-003-BM, Addendum #1
t
Estimated
Item Quantity
No. do Unit Description of Item Total Amount
5. 505 SY 6" Portland cement concrete paving, City of Lubbock Class A concrete,
used in standard City of Lubbock driveways, including all subgrade
preparation, curbing, reinforcement, and jointing, furnished and installed,
complete and in place
MATERLS: Ff of:oD�.,�� s v t 14
IA00lsYU 6 7,Y )
LABOR ZN2.4t " VE AM" x$ -J Na wa $ /SY G 7�
TOTAL
BID ITEM #5: "A &-s t �i� e' $ / D 1SYJ- 3
(Unit Price Amounts shall be shown m both words and numerals. In case of discrepancy, the amount shown in words shall g`vem.)
1,410 SY 6" Portland cement concrete paving, City of Lubbock Class C concrete,
used in concrete paved intersections, including all subgrade preparation,
curbing, reinforcement, jointing and sealing, furnished and installed,
complete and in place
MATERIALS: - /Vl A ry
St Ue-N W G&A.Ai d N��e o s.37 �_ /SY(,f.R/ 7fl .. )
LABOR:-1;W/Mrp
�s.
SCVeN JSvL Au 1oo $c37 /SY( JSZ/70 ••
TOTAL
7y — 0!�J AY 0
BID ITEM #6: _�5 40rAdltol
,ED U L DO t &&1 0 i ob $ /SY(z )
(Unit Price Amounts shall be
own in both words and numerals. In case of discrepancy, the amount shown in words shall go tn)
#
7. 6,188 LF
Standard 24" curb and gutter and 24" sawtooth curb and gutter,
City of Lubbock Class A concrete, including all subgrade preparation
and jointing, furnished and installed, complete and in place
MATERIALS: ..Sik
Do L L A RJ d ��o a $ /LF(,
LABOR ,S/,�
d D c. Aas .� Al °ion $�_ /LF(3 /rZ J
TOTAL
BIDITEM#7: %Gt)E1,VC DDL L.4fU Y N�aa $4_/LF �✓ lO
(Unit Price Amounts shall be shown in both words and numerals. In case of discrepancy, the amount shown in words shall
Bidder's Initials
ITB#06-003-BMAdl
1:
ITB#06-003-BM, Addendum #1
Estimated
Item Quantity
No. & Unit Description of Item Total Amount
8. 494 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: 51 X t t Ty D 0 LC A � N� /LFf � ��Y .
LABOR pa L� & A AS -4 N�i9 • $ �aU /LF( 9G V Q
TOTAL .,y
BID ITEM #8: D /Y E if eNQ /Z E Q Ne —rW f AtT �e �4�tKfr fj�► n" /LF_��______)
(Unit Price Amounts shall be shown in both words and numerals. In case 1bf discrepancy, the amount shown inwords shall vem.)
9. 57 LF 24" ID Reinforced Concrete Pipe, ASTM C-76, Class III, including
excavation, trench protection, and backfill, furnished and installed,
complete in place
MATERIALS: Fl/ --ry D D L L.R 14.5 N� • $ Sc�~ /LF(o% YtrQ " )
'o
LABOR F-1 FFT 0L t-A R-S D'
TOTAL C »
BID ITEM#9: ONE %� ltYIMPOEQ OL� 1,AR.S A,� $ /LF( 5 d0
(Unit Price Amounts shall be shown in both words and numerals. In case of discrepancy, the amount shown in words s govern.)
10. 38 LF 36" ID Reinforced Concrete Pipe, ASTM C-76, Class III, including
excavation, trench protpction, and backfill, furnished and installed,
complete in place
MATERIALS:, -TF R EN T�e Floc DD L i-d oci t w e * $ 75 � /LF(A SO )
N
LABOR: S•Fy�iV Tv Ft Ue Lc -Ails �' � +a $ 7-f /LFfaaS� }
TOTAL P% +p
BID ITEM #10: 0A1 A HUAI KEb I FiFE9 bok& -aty 7a $$ /LFF(6 MQ
add as (Unit Price Amounts shall be shown in both words anumerals. In cut of discrepancy, the in shown words govern.)
11. 1,056 LF 48" ID Reinforced Concrete Pipe, ASTM C-76, Class III, including
excavation, trench protection, and backfill, famished and installed,
complete in place
MATERIALS: ONE 11ftAy0A,-D d 7--A& Puca+t-es V Toa jb /LF(f 144 /Ga )
LABOR: n AJ- e`FuAd rLeV f 74N Aot:',µt ✓ %a $ //0 � /LF %/4/`Q
T
TOTAL
BID ITEM #11: A09 MWAAOXID r TWEE
(Unit Price Amounts shall be shown in both words and
- ITB#06-003-BMAdl
? ►?,
gals. In case of discrepancy, the amount shown in words shall gov )
Bidder's Initials
ITB#06-003-BM, Addendum #1
K Estimated
Item Quantity No. & Unit Description of Item Total Amount
12. 307 LF 54" ID Reinforced Concrete Pipe, ASTM C-76, Class III, including
excavation, trench protection, and backfill, furnished and installed,
complete in place
MATERIALS: ONE t &A4 h w bR. 4e opt, todS f '��� � $ I ko a /LF( Yw f to r )
LABOR: Q_I YD /LF(_, �Z,B a )
TOTAL
BIDITEM #12: 7Wo 14f Af*Vb"V'r E 14
(Unit Price Amounts shall be shown in both words and
wLRRS Y //•o $ QP V /L- ( u
In case of discrepancy, the amount shown in words shall
13. 1 LS SDMH-1 storm sewer manhole, including excavation, trench protection,
and backfill, furnished and installed, complete in place
MATERIALS: .5rVOA) 7?YD US,4AO -0- N�oa $�► /LS(,V oa )
LABOR Jr-C 01-N TX oUt t N4 09 ti a $ 7d a�/LS( ZQ o 4 )
TOTAL
BID ITEM #13: FDu�
(Unit Price Amounts shall
14. 1 LS
ba
ZCIV TA0bUANDyF'"y"oo SLY060 /LS
shown in both words and munerWs. In case of discrepancy, the amour shown in words
SDMH-2 storm sewer manhole, including excavation, trench protection,
and backfill, famished and installed, complete in place
MATERIALS: El Tflot�tAn/D f'�tir %vfuaDRz7?a"�aoo $.S5'"t)e /LS( �Wo'> )
LABOR: FIVO Tffo US^0 FWr W,vo a eV e /LS( )
TOTAL oil
BID ITEM #14: 4-4C MEN TNvuSAA�-�i �"oo $��-/LS 0�!___)
(Unit Price Amounts shall be shown in both words and numetals. In case of discrepancy, the am shown in words small oven.)
I5. I LS SDMH-3 storm sewer manhole, including excavation, trench protection,
and backfill, furnished and installed, complete in place
MATERIALS: S/X -rteO tSA NP V ��� � $ k�e /LS( !o Obc7 `• )
T
LABOR ,5� fe, TiSf��LfA� r A4,1
$ D00 /LS( 00 )
TOTAL +s
_ BIDTTEM #15: �L11�(+y� ufA� �+ $4490 /LS
' (Unit Price Anw nts shall be shown in both words and numerals. In case of discrepancy, the amount shown is words shall -CM)
Bidder's Initials
rTB#06-003-BMAdl
ITB#06-003-BM, Addendum. #1
Estimated
Item Quantity .
Fi No. & Unit Description of Item Total Amount
16. 3 EA 10' Curb Inlet Boxes, including excavation, trench protection, backfill,
and connection to pipe, furnished and installed, complete in place
MATERIALS: fbttt � �F-ouSANo r;ae Hat d A911o,
$ qSW*' /EA( /,?Th' ] 1
LABOR Fo a 2 � ire j-x N a n k d*E& LYt is V '`'A.oDl
TOTAL
BID ITEM # 16: ?lA-!P c A IVIO Y t�lec ° $ 0QMAfg7 000
(Unit Price Amounts shall be shown in both words and metals. In case of discrepancy, the amount shown in words small g ern)
17. 2 EA 20' Curb Inlet Boxes, including excavation, trench protection, backfill,
and connection to pipe, furnished and installed, complete in place
Na
MATERIALS: /V/ TAf oG[SA A 4- Y 7o. Do D /EA( /b)b b D )
LABOR N1;4 TfFoGcS/1A.0 V�$_�d"�r /EA(/d4oa.I )
TOTAL
BID ITEM #17:
(Unit ftce l
shall be shown in both words and numerals. In case of discrepancy, the
oa /EA�DOD
sown in words shall ¢ vem.)
18. 2 EA 5'xI2'x8' Precast Sectional Rectangular Vault, including excavation,
trench protection, backfill, and connection to pipe, furnished and installed,
complete in place
MATERIALS: 25 C(XN 'r/*0 vuri At.D F e d er fjUMbL" T`ya •
$ ?tdd �• /EA(
/5b c-T, )
LABOR. ufiti T/Vyvxat,,� PltJ� Ntallo�lt d%�o
o••
'
TOTAL
BID ITEM # 18:F/Frtt o/J T Y0&jt / o v, N�o
$ -5-0 Od /B
o o LID
(Unit Pri- Amounts shall be shown in both words and metals. In case of discrepancy, the amount shown in words shall g ern)
19. 715 LF 4 Way, 4-Inch Duct Bank, including excavation, concrete backfill, and
backfill, furnished and installed, complete and in place
MATERIALS: FiFTli Da Lt-figs �/ 00
N�
LABOR: ry Do e-4-As e- o 0 $ .5 6 ' /LF( 33S,7J-0 '. )
TOTAL NJ a
BID ITEM #19: QAJA� AfdfN099P � D d $� /LF
(Unit Price Amounts shall be shown in both words and numerals. In case of discrepancy, the amount shown in words
Bidder's Initials
.s
ITB#06-003-BMAdl
r1BM6-003-BK Addendum #1
Estimated
Item Quantity
No. & Unit Description of Item Total Amount
20. 1 LS Utility adjustments including 16 water valves and 6 sanitary sewer
manholes in paved areas, complete and in place
MATERIALS: ,reu -E Aj —r,#o 44 r oqn P r )Pvu /LS( Z,000 LABOR. TEVeA) —rjYQU5J4N-Q Y'A0Y,-- $ 706d /LS( 7-4-06
TOTAL
40,
J BID ITEM #20: rogAnoj Two usAA;a v ,o-,'bv S zfaod /LS( /Y000
(Unit Price Amounts shall be shown in both words and numerals. In case of discrepancy, the aniountshown in words shall givern.)
21. 7 MO Traffic Control, including temporary barricades, signage, traffic
J
handling and other traffic control devices, furnished and installed,
complete and in place
MATERIALS: -t-J& p -r-,H 0 U5 * &Ijo S,2006 /MO( I&OZ&b
LABOR.
r ( 4J otz H 0 Us 04 A),b At., S �z DOD /MOJ
TOTAL IDA) _ Y
BID r0RA 7q-sA kQAJQ $ !YQM /M0( g9,9,0 00
CC (Unit Price Amounts shall be shown in both words and numerals. In cow of discrepancy, the amou& shown in words shall g&erm)
22. 7,144 LF Remove and legally dispose of existing curb and gutter, including
-ll necessary incidentals
any remaining miscellaneous concrete, and a
to complete the work
MATERIALS: AJ6 AJ 6— $ 0 /LF(
LABOR:
OD&I-44 Y ALF( 2ZJI'Y-O
TOTAL A) I/
BID ITEM #22: C)O L L6,q-J Ivy -P /LF( Z�
(Unit Price Amounts shall be shown in both words and numerals. In case of discrepancy, the amount shown in words shall Sdvern.)
23. 800 SY Remove and legally dispose of existing concrete slabs, including fillets
and valley gutters, existing driveways and alley approaches including
integral curbing, and all necessary incidentals to complete the work
L11 MATERIALS: AJ IDA) if /SY-(
LABOR: 7W.11zae not-w4a J V, AXI L ISY(
TOTAL
BID ITEM #23: 7�-/&ry /7OL-L-4&--C Y "wo lsy(�'410 00
(Unit Prim Amounts shall be sbo-,n,6 both words and numerals. In caw of discrepancy, the amount shown in words shall goern.)
Bidder's Initials
rrB#06-003-BNlAdl
ITB#06-003-BM, Addendum #1
Estimated
Item Quantity
No. & Unit Description of Item Total Amount
24. 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: -0 N�io+ $yoobo /LS(CX600 )
LABOR: Tr��f��v �`/J TNDfs.;/Ni "'% $ 6.5bm /LS( lSadD
TOTAL y
BID ITEM #24:yk)Q'Af A-AQED V -f0A1F 1iY TOO1a*VA Y �$ �'� aao /L�/
(Unit Price Amounts shall be shown in both words and nufnerals. In case of discrepancy, the amounts ownin words shall gove )
TOTAL BID, ITEMS #1 - #24
S/j�_ft�I�t/0/ltb � F//�j' rN+Rt's` TM' D'�rR•sI
MATERIALS:
aL
s
LABOR:_, sue_ Ak%Wo^40by lcic r �"f.�. $�9'Y9d 1 (yty�3re-_ —
TOTAL BID
ITEMS #1 - #24: r 6-1-ow V Awed ,1'l�e�N ?'KovJ�rnaA �/6/y NW�,ow�.►�5.+� fi $��Z� 2 "
.+
(Unit Price Amounts shall be shown in both words and nufnerals. In case of discrepancy, the amount shown in wo Is shi& govern.
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 160 (ONE HUNDRED SIXTY)
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 $100 (ONE HUNDRED) 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.
Bidder's Initials
ITB#06-003-BMAd l
i�
ITB#06-003-BM, Addendum #1
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 (5%) 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 (10) days after notice of award of the contract to him.
Enclosed with this b er's Check or Certified Check for
Dollars (S ) o a id Bon the sum of Dollars
(S ), which it is a s all 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)
A
Se tart'
Bidder acknowledges receipt of the following addenda.
Addenda No. _ jDate - '_ 84- V 6
Addenda No. L Date_- - O 6
Addenda No. Date
Addenda No. Date
Date: 0�
Coy
C3a� roYt�7
Address
Ci County
1 ?IYLY
State Zip Code
Telephone: �'6 l - �L -3SSO
Fax: *---
MIWBE Firm: Woman I I Black American Native American
Hispanic Americas Asian Pacific American Other S
ITB#06-003-BMAdl
ITB#06-003-BM, Addendum #1
LIST OF SUBCONTRACTORS
Minority Owned
Yes No
1.
❑ ❑
2.
❑ 0
3.
0 ❑
4.
❑ ❑
5.
❑ ❑
6.
0 ❑
7.
0 ❑
8.
❑ ❑
9.
❑ ❑
10.
0 ❑
THIS FORM SHALL BE COMPLETED AND RETURNED ALONG WITH
INSURANCE CERTIFICATES FOR EACH SUB -CONTRACTOR PURSUANT TO
SECTION 28G OF THE GENERAL CONDITIONS.
ITB#06-003-BMAdl
Ft
rM#06-003-BM, Addendum #1
CM OF LUMOCK
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.
f?��LL Jlt2N44 C7ir�
Co r (Si e) Contractor (Print)
CONTRACTOR'S FIRM NAME: V L) jE 3 i)C-x/1 S �A-J 1 N _L t_
(Print or Type )
CONTRACTOR'S FIRM ADDRESS: v. 0 C) k io 7 g I
�-kgf3oa--:i..
Name of Agent/Broker. ��! F o MO
Address of Agent/Broker: (3 o 3 ,`�N De �,v A
City/State/Zip:
Agent/Broker Telephone Number.
Date: a —S'-04
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 #06-003-BM - OVERTON PARK WAL-MART PAVING AND DRAINAGE IMPROVEMENTS
ITB#06-003-BMAdl
t- ITB#06-003-BM, Addendum #1
SAFETY RECORD OUE5TIONNAIRE
(Must Be Submitted With Bid Submittal)
F
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 determining 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 (TNRCC) (predecessor to the TCEQ), the Texas Department of State Health Services
(DSHS), the Texas Parks and Wildlife Department (TPWD), the Structural Pest Control Board (SPCB), agencies
of local governments responsible for enforcing environmental protection or worker safety related laws or
regulations, and similar regulatory agencies of other states of the United States. Citations include notices of
violation, notices of enforcement, suspensionlrevocations of state or federal licenses or registrations, fines
assessed, pending criminal complaints, indictments, or convictions, administrative orders, draft orders, final
orders, and judicial final judgments.
C. Convictions of a criminal offense within the past ten (10) years, which resulted in bodily harm or death.
d. Any other safety related matter deemed by the City Council to be material in determining the responsibility of the
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.
LiIn order to obtain proper information from bidders so that City of Lubbock may consider the safety records of 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 NO ✓
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.
MM6-003-13MAdl
F, *
ITB#06-003-BM, Addendum #1
FOUESTION 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?
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 willfirl 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 misrepresen 'ons or omm ons may cause my bid to be rejected
as �
Signature
61 "
Pa.-C-5 r AfN f
Title
i:'I'B#06-003-BMAdl
Western Surety Company
Bond No. 22754878
PAYMENT BOND
KNOW ALL MEN BY THESE PRESENTS: That West Texas Paving, nc., Principal, and
WESTERN SURETY COMPANY, Surety, are firmly held and firmly bound unto City of Lubbock, Obligee, in the
sum of One Million Four Hundred Ninetv-Seven Thousand Eight Hundred Ninety Two Dollars (S 1.497.892.00).
for payment of which we bind ourselves, our legal representatives, successors and assigns, jointly and severally,
firmly by these presents.
WHEREAS, Principal has entered into a contract with Obligee, dated 2/27/06 for Overton Park Wal-Mart Paving
Drainage Improvements, copy of which contract is by reference made apart hereof.
NOW, THEREFORE, if Principal shall promptly make payment to all persons supplying labor and material
incorporated 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 the Obligee having required the said Principal to furnish this bond in accordance
with any applicable statutes, all rights and remedies shall inure solely to the statutory beneficiaries in accordance
with the provisions, conditions, and limitations of said applicable statutes to the same extent as if they were copied
at length herein.
SIGNED. SEALED AND DATED this 28th day of February, 2006.
P
By:
Western Suretyrompany
By:
Michael N. Rudberg
(Attorney-in-Fact)
YV VVER Vr Al 1 VKINE Y
Know All Men by These Presents: (Irrevocable)
No. SP- 22754878
AL A
That this Power of Attorney is not valid or in effect unless attached to the bond which it authorizes executed, but may be detached by the approving
officer if desired That Westem Sure Com any, a corporation, does hereby make, constitute and appoint the following
� K
TNRE authorized individuals:
in the City of DAL L A S , State of TEXAS , with limited authority, its true and
lawful Attomey(s) in fact with full power and authority hereby conferred, to sign, execute, acknowledge and deliver for and on its behalf as Surety,
the following described bond:
BID PERFORMANCE AND/OR PAYMENT BOND IN ADDITION THE RELATED
TRANSACTIONS SUCH AS CONSENTS OF SUREfY RIDERS AND LETTERS OF
INTENT MAINTENANCE AND WARRANTY BONDS PROVIDING THE BOND PENALTY
DOES NbT EXCEED FIVE MILLION AND NO/106 DOLLARS (**5 000 000.00).
The acknowledgment and execution of such bond by the said Attorney in Fact shall be as binding upon this
Company as if such bond had been executed and acknowledged by the regularly elected officers of this Company.
All authority hereby conferred shall expire and terminate, without notice, unless used before midnight of
A P R I L 30 2010, but until such time shall be irrevocable and in full force and effect.
WESTERN SURETY COAMANY further certifies that the following is a true and exact copy of Section 7 of the By -Laws of Western Surety Company, duly adopted and now
in force, to-wic "Section 7. All bonds, policies, undertakings. Powers of Attorney, or other obligations of the corporation shall be executed in the corporate name of the Company
by the President. Secretary, any Assistant Secretary. Treasurer. or any Vice President, or by such other officers as the Board of Directors may authorize. The President, any Vice
President, Secretary, tiny Assistant Secretary, or the Treasurer may appoint Attorneys in Fact or Aecnts who shall have authority to Issue bonds, policies, or undertakings in the
name of the Company. The corporate seal is not necessary for the validity of any bonds, policies, undertakings. Powers of Attorney or other obligations of the corporation. The
sig,.. wjh of any such officer and tote corporate seal may be printed by facsimile."
The penal amount of the bond herein described may he increased if there is attached to this Power, written authority so authorizing in the forth of an endorsement, letter or
telegram signed by the Senior Underwriting Officer, Underwriting Officer, President. Vice President, Assistant vice President. Treasurer. Secretary or Assistant Secretary of Western
Surety Company specifically authorizing said increase.
IN WITNESS WHEREOF. Western Surety Company has caused these presents to be executed by its Senior Vice President with its corporate seal affixed this 1 st
dayot April 2002 WESTE N SURETY COMPANY
STATE OF SOUTH DAKOTA
ss. By
COUNTY OF MINNEHAHA Senior Vice Pr dent
On chic Ist day of April in the year 2002 , before me, a Notary Public. personally
appeared Paul T. Bruflat. who being by me duly sworn, acknowledeed that he signed the alxivc Power of Antimey as the aforesaid officer of WESTERN SURETY COMPANY and
acknowledged said instrument to he the voluntan• act and deed of said cnrparatiun.
D. KRELL
Q!, NOTARY PUBUC(r
i L SOUTH [>AIrOTA SEAL i --_`—_—�__.__ .�.._�
♦,"y„ SOUTH
O,"„yy,y,+ Notary Public, South Dakota
My Commission Expires November 30, 2006
1. the undersigned officer of Western Surety Company, a stock corporation of the State of South Dakota. do hereby certify that the attached Power of Attorney is in full
force and effect and is irrevocabic: and furthermore, that Section 7 of the By -Laws of the company as set forth in the Power of Attorney, is now in force.
In testimony whereof. I have hereunto set my hand and the seal of Western Surety Company this • 28TH d:tv ,)f FEBRUARY 2006
0�1P.4NY
SURE Y C
*P-1PORTANT: This date must be filled in before it is attached 4YESTE 'Y
to the bond and it must he the same date as the bond. By
Form 749.4-2002 Senior/Vice Pre ent
NOTICE: This border must be BLUE. It it is not BLUE, this is not a certified copy. ----►
W
W
U
z
0
w
a
r,
G "A
STATUTORY PERFORMANCE BOND PURSUANT TO SECTION 2253.021(a)
OF THE TEXAS GOVERNMENT CODE
(CONTRACTS MORE THAN $100,000)
KNOW ALL MEN BY THESE PRESENTS, that (hereinafter called the Principal(s), as Principal(s), and
(hereinafter called the Surety(s), as Surety(s), are held and firmly bound unto the City of Lubbock (hereinafter called the
Obligee), in the amount of Dollars ($ ) 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
®r, � "
and said principal under the law is required before commencing the work provided for in said contract to execute a bond
in the amount of said contract which contract is hereby referred to and made a part hereof as fully and to the same extent
as if copied at length herein.
NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the said Principal shall
faithfully perform the work in accordance with the plans, specifications and contract documents, then this obligation shall
be void; otherwise to remain in full force and effect.
PROVIDED, HOWEVER, that this bond is executed pursuant to the provisions of Section 2253.021(a) of the
Texas Government Code, and all liabilities on this bond shall be determined in accordance with the provisions of said
article to the same extent as if it were copied at length herein.
IN WITNESS WHEREOF, the said Principal (s) and Surety (s) have signed and sealed this instrument this
day of , 20
Surety (Company Name)
* By:
(Title)
By:
(Printed Name)
(Signature)
(Title)
CERTIFICATE OF INSURANCE
f,
U
.._ .�r�ir�a�t.• nuc.ia.i .. Z7eJ0 .'7c 'tc' 4 Ir.L74
,fr kLMV (A:KTIFIGATE OF. LIABILITY
INSURANCE
oiizalioog'
P11000ER {30 ) 792-SS64 FAX C800192-9344
Sanford Insurance Agency
6303 Indiana Ave.
P.O. Box 64790
Lubbock, TX 79413
THIS CERTIFICATE 18 ISSUED AS A NUTTER OF INFORMATION
ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
TGR THE CqVERAGE AFFOMED BY THE POLICIES BELOW.
INSURERS AFFORDING COVERAGE
NAIC 0
MLM--west as Pivingi nc.
08A: Darrell Jarnagin
P.O. Box 641$7
Lubbock, TX 79464
143URSRA: National Amer Can Ins.Co,
INSURER
INl WRIRC:
A+ISURERa
INSURER I'_
ennypnAraLwa
THE POLICIES OF INSURANCE LISTED BELOW NAYS BEEN ISSJELI TO THE INSURED NAKED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWRHSTANOiN
ANY REQUIREMENT, TERM OR MN0171CN OF AAY CONTWT OR OTHER DOCUMENT WH RESPECT TO WHICH THIS CERTIFICATE MAY EE AftED OR
MAY PERYA(N, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SU9464:T TO ALL THE'ERMS. EXCW&ONS AND CONDITICNS OF SUCH
POLICIES. AGGREGATE LIMITS EhaNN MAY HAVE SEEN RECUCED BY PAID CLAMS.
IN itTYPit
OP NOURAMM
POLW NUVM
U110IT3
A
3ENERALLIA■ILM
X I COMMERCw1. WNERAL LuaILIrY
CLA1M6 MADE F7OCCUR
MP05310042
01/05/200
0I OS 2007
I
EACHOccJRRENCE
: 11000100-0
I.I.ANMEN
O 100.0001
M61D MP (Arty Gm Pwwn)
$ s
MWNAL i ADv RXRY
s 1 000 0
TGM�A,04KMATP
otNRRM.AOORMOATE
O 2 0 0
LIMIT APPLIESPER:
;tc LOC
PRCOWTV • COWiOP AGO
6 j 0cr
A
AUTOMOYI1.ELIA211.1'Y
ANY AUTO
ALL MOM AUTOS
4CHEDULeD AUTOS
HIRED AUTO$
NON-OvW�D AL'7QS
MPOS310042
0 05 006
01/05/2007
coMe1N!D elneiLf u+Irr
(Fa ft0#jMI)
�
1 000 00
ROOILY NJURY
(PN aeon)
x
((par L u)nY
•
PROPERTYOAMAGE
G Mag UAW.(1Y
A4YAUr0
I
AUTO ONLY . FA ACCIDENT
S
DTHGRTMAN SAACC
AUTO ONLY: AGO
i
O
ExceSNUMBRAUA LUal Llry
OCCUR L_J WIMS MADE
DEOUCTOLE
IusTeNTgN !
:ACM OCCURR6NOE
4
A031INELRATE
i
O
i
I
WORKOR# OOMPOSATION AND
EMPLDYEM, LIABILITY
ANY FROPBIETOMPART NEMIXEC'UTVE
OFF.CEMA9110E¢R EKCLUDHDT
if p, dpti W10l,
S�!'tWL►ROYtB
B,L. EACH ACCIDENT s
E.L DISEASE • EA EhIF1.0Y I
E.LDf$E48E-PDL!CYLWItf O
CTMlR
luPr�A OR pP�tAn4 1 �,�rpN a aL:O f rXy�U�IONB Ao er ENOOR EMENri OP! ►ROYISIONs
OF LUBBOCK. OFF CERS, AGEN I S AND EA7PLOYEI ARE NAMME AS PRIMP
ITIONAL ZSUREOS ON GL & AUTO LIABILITY POLICIES AS RESPECTS TO ITS006-003-SX,
DORSEMENT #CA0403, WM A WAIVER OF SUBROGATION IN FAVOR OF THE CITY OF LUBB=
CL AND AUTO POLICIES.
CITY OF LURRM
OFFICE OF PUACNASING
P10. BOX 2000
LUBBOCK, TX 794S7
$MOULD AW Of TWO ABOVE DEMCAiiD POLIM56 iK CA4CLLLE0 OQFORATHS
E%FOMTIOH DATE TWEREOF, THE ISSUING INSURER WILL EMDOAVOR TO MAL
10 DAYS WRVFM MOTTLE TO THE CtKnPICATE MOLDER NAMED TO THE LEFT,
OUT FAILURE TO MAIL 3UCM NOTICE ONALL 1111►00@ NO 06LIOATIOr ON UAMIUTT
vu.
OF AW KIND UPON THE IN KEft4Q .AQvwM OR Ro ;IF=
AUTNfcRRce
ACORD 26 (2001108) V 0 C0J111I MPORATION 1988
MPF.-14-2006 VFt54 SANFORD AGENCY
t0b (`_ -1 'JJ44 r . e�
071
0
F1
Ef`:a
9
Lai
IMPORTANT
f the certifiote holder is in ADDITIONAL INSURED, the pollcy(ies) must be endorsed. A statement
on this certificate does not confer rights to the certificate holder in lieu of ouch endoreement(s).
f SUBROGATION IS WAIVED, subject to the terms and conditons of the policy, certain policies may
require an endorsement. A statement on this certificate does not confer riglhts to the certificate
holder in lieu of such •ndorsoment(s).
DISCLAIMER
The Certificate cf Insurance on the reverse side of this form does not constitute a contract between
the issuing insurer(s), authorized reprountetive or producer, and the certificate holder, nor does it
of rmadveiy or regativety amend, extend or alter the coverage afforded by the policies listed thereon.
ACORO 25 (2001JO$)
TO?AL P.05
ACORD CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DDIYYYY)
Tw 02/28/2006
PRODUCER (806)792-5564 FAX (806)792-9344 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
Sanford Insurance Agency ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
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
INSURED West Texas Paving, In,
DBA: Darrell ]arnagin
P.O. Box 64187
Lubbock, TX 79464
INSURERS AFFORDING COVERAGE
INSURERA: National American Ins.Co.
INSURER B:
INSURER C:
INSURER 0:
INSURER E:
NAIC #
1-COVERAGES
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.
INSR
LTR
D'
NSR
TYPE OF INSURANCE
POLICY NUMBER
POLICY EFFECTIVE
DATE MMIDDIYY
POLICY EXPIRATION
DATE MMIDDIYY
LIMITS
A
GENERAL LIABILITY
X COMMERCIAL GENERAL LIABILITY
CLAIMS MADE a OCCUR
MP05310042
01/05/2006
01/05/2007
EACH OCCURRENCE
$ 1, 000, 00(
PREM E O RENTED
PREMISE Ea ccurenc
$ 100 00(
,
MED EXP (Any one person)
$ 5,00(
PERSONAL & ADV INJURY
$ 1,000,N(
GENERAL AGGREGATE
$ 2. WO, 00d
GEN'L AGGREGATE LIMIT APPLIES PER:
POLICY JECOT LOC
PRODUCTS - COMP/OP AGG
$ 2 , 000 r 000
�*
{
Jf
A
AUTOMOBILE
LIABILITY
ANY AUTO
ALL OWNED AUTOS
SCHEDULED AUTOS
HIRED AUTOS
NON -OWNED AUTOS
MPOS310042
01/05/2006
01/05/2007
COMBINED SINGLE LIMIT
(Ea accident)
$
1,000,000
,000,000
BODILY INJURY
(Per person)
$
X
BODILY INJURY
(Per accident)
$
PROPERTY DAMAGE
(Per accident)
$
GARAGE LIABILITY
ANY AUTO
AUTO ONLY - FAA ACCIDENT
$
OTHER THAN EA ACC
AUTO ONLY: AGG
$
$
EXCESSIUMBRELLA LIABILITY
OCCUR a CLAIMS MADE
DEDUCTIBLE
RETENTION $
EACH OCCURRENCE
$
AGGREGATE
$
$
$
WORKERS COMPENSATION AND
EMPLOYERS' LIABILITY
ANY PROPRIETORIPARTNERIEXECUTIVE
OFFICEPJMEMBER EXCLUDED?
If yes, describe under
SPECIAL PROVISIONS below
TORY LIMITS ER
E.L. EACH ACCIDENT
$
E.L. DISEASE - EA EMPLOYE
$
E.L. DISEASE - POLICY LIMIT
$
OTHER
DESCRIPTION OF OPERATIONS f LUUAl IONS I VEHIGLt5 I t=XULUSIUNS AVUEU t5T tNUUK5tMtN I I JPtG1AL FKUVISIUNS
CITY OF LUBBOCK, ITS OFFICERS, AGENTS AND EMPLOYEES ARE NAMED AS PRIMARY
ADDITIONAL INSUREDS ON GL & AUTO LIABILITY POLICIES AS RESPECTS TO ITB#06-003-BM,
JNDORSEMENT #CA0403, WITH A WAIVER OF SUBROGATION IN FAVOR OF THE CITY OF LUBBOCK
N GL AND AUTO POLICIES.
CERTIFICATE HOLDER CANCELLATION
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE
EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL
CITY OF LUBBOCK _10 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,
OFFICE OF PURCHASING BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY
P.O. BOX 2000 OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES.
LUBBOCK, TX 79457 AUTHORIZED REPRESENTATIVE �l
`` /-,4
ACORD 25 (2001/08) ^^s � --: T';T,, -0A-C &09FORATION 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 (2001108)
a
I
ACORD CERTIFICATE OF LIABILITY INSURANCE WEs T 5 DATE 0(MNlDD(YYYY)
3 0l 06
PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
3 Cam Fannin Insurance Agency HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
` IJP O 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:
Texas Mutual Insurances Company 35076
INSURER B:
West Texas Paving, Inc
Darrell Jarnag In INSURER C:
P.O. BOX 64187 INSURER D:
Lubbock TX 79464
INSURER E:
COVERAGES
THE POLICIES OF
INSURANCE LISTED BELOW HAVE BEEN ISSUED 70 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.
INK DLTR NSR TYPE OF INSURANCE POLICY NUMBER DATE (MA)lEFFECTIVE POLICY
EXPIRATION LIMITS
GENERAL LIABILITY EACH OCCURRENCE $
COMMERCIAL GENERAL LIABILITY PREMISES Ea dccurence $
CLAIMS MADE D OCCUR MED EXP (Any one person) $
PERSONAL & ADV INJURY $
GENERAL AGGREGATE $
GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OP AGG $
POLICY PRO- LOC
JECT
AUTOMOBILE LIABIIJTV
COMBINED SINGLE LIMIT $
ANY AUTO
(Ea accident)
ALL OWNED AUTOS
BODILY INJURY $
SCHEDULED AUTOS (Per person)
HIRED AUTOS BODILY INJURY
NON -OWNED AUTOS (Per accident) $
PROPERTY DAMAGE $
(Per accident)
GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $
ANY AUTO I OTHER THAN EA ACC $
AUTO ONLY: AGG $
EXCESS/UMBRELLA LIABILITY EACH OCCURRENCE $
OCCUR El CLAIMS MADE AGGREGATE $
DEDUCTIBLE $
RETENTION $ $
WORKERS COMPENSATION AND TORY LIMITS I ER
A EMPLOYERS' LIABILITY TSF112985020 04/07/05 04/07/06 E-L. EACHACCIDENT $ 500000
ANY PROP RIETOR[PARTNER/EXECUTIVE
OFFICERIMEMBER EXCLUDED? E.L. DISEASE - EA EMPLOYE $ 500000
If yes, describe under
SPECIAL PROVISIONS below 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. ITH#06-003-HM-Overton Park Wal-Mart paving and
drainage improvements. Contract#6667
--------------
CERTIFICATE HOLDER CANCELLATION
City of Lubbock
C/0 City of Lubbock Purchasing
6 Contract Management Dept
1625-13th St., Rm L04
Lubbock TX 79401
LUBB005 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 (ZUUIIUt$)
V AVUKU UVKYVKAI IUN IUUU
CERTIFICATE HOLDER CANCELLATION
City of Lubbock
C/0 City of Lubbock Purchasing
6 Contract Management Dept
1625-13th St., Rm L04
Lubbock TX 79401
LUBB005 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION
DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 10 DAYS WRITTEN
NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL
IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR
REPRESENTATIVES.
AGUKU ZO (ZUUIIUt$)
V AVUKU UVKYVKAI IUN IUUU
r
CERTIFICATE OF INSURANCE
TO: CITY OF LUBBOCK DATE:
�` P.O. BOX 2000
iurd LUBBOCK, TX 79457 TYPE OF PROJECT:
THIS IS TO CERTIFY THAT (Name and Address of Insured) is,
at the date of this certificate, insured by this Company with respect to the business operations hereinafter described, for
the typed of insurance and in accordance with the provisions of the standard policies used by this company, the further
(W hereinafter described. Excevtions to standard volicv noted hereon.
TYPE OF INSURANCE
POLICY NUMBER
EFFECTIVE
EFFECTIVE
LIMITS
DATE
DATE
GENERAL LIABILITY
❑ Commercial General Liability
General Aggregate $
❑ Claims Made
Products-Comp/Op AGG $
❑ Occurrence
Personal & Adv. Injury $
❑ Owner's & Contractors Protective
Each Occurrence $
❑
Fire Damage (Any one Fire) $
Med Exp (Any one Person)
$
AUTOMOTIVE LIABILITY
❑ Any Auto
Combined Single Limit $
❑ All Owned Autos
Bodily Injury (Per Person) $
❑ Scheduled Autos
Bodily Injury (Per Accident) $
❑ Hired Autos
Property Damage $
❑ Non -Owned Autos
GARAGE LIABILITY
❑ Any Auto
Auto Only - Each Accident $
❑
Other than Auto Only:
Each Accident $
Aggregate $
❑ BUILDER'S RISK
❑ 100% of the Total Contract Price
$
❑ INSTALLATION FLOATER
$
EXCESS LIABILITY
Cl Umbrella Form
Each Occurrence $
Aggregate $
❑ Other Than Umbrella Form
$
WORKERS COMPENSATION AND
EMPLOYERS' LIABILITY
The Proprietor/ ❑ Included
Statutory Limits
Partners/Executive ❑ Excluded
Each Accident $
Officers are:
Disease Policy Limit $
Disease -Each Employee $
OTHER
The above policies either in the body thereof or by appropriate endorsement provide that they may not be changed or
canceled by the insurer in less than the legal time required after the insured has received written notice of such change or
cancellation, or in case there is no legal requirement, in less than five days in advance of cancellation.
FIVE COPIES OF THE CERTIFICATE OF INSURANCE
(Name of Insurer)
MUST BE SENT TO THE CITY OF LUBBOCK
By:
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
Phi
1 01
REQUIRED WORKERS' COMPENSATION COVERAGE
"The law requires that each person working on this site or providing services related to this construction project must (see
reverse) be covered by workers' compensation insurance. This includes persons providing, hauling, or delivering
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
report an employer's failure to provide coverage." and
(8) contractually require each person with whom it contracts to provide services on a project, to:
(A) provide coverage based on proper reporting of classification codes and payroll amounts and
filing of any coverage agreements for all of its employees providing services on the project, for
the duration of the project;
(B) provide a certificate of coverage to the contractor prior to that person beginning work on the
project;
(C) include in all contracts to provide services on the project the language in subsection (e) (3) of this
rule;
(D) provide the contractor, prior to the end of the coverage period, a new certificate of coverage
showing extension of coverage, if the coverage period shown on the current certificate of
coverage ends during the duration of the project;
(E) obtain from each other person with whom it contracts, and provide to the contractor:
(i) a certificate of coverage, prior to the other person beginning work on the project; and
(ii) prior to the end of the coverage period, a new certificate of coverage showing extension of the
coverage period, if the coverage period shown on the current certificate of coverage ends during
the duration of the project;
(F) retain all required certificates of coverage on file for the duration of the project and for one year
thereafter;
(G) notify the governmental entity in writing by certified mail or personal delivery, within (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._
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CONTRACT #6667
STATE OF TEXAS
COUNTY OF LUBBOCK
F, THIS AGREEMENT, made and entered into this FEBRUARY 24, 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
performed by the OWNER and under the conditions expressed in the bond bearing even date herewith (if any) the
CONTRACTOR hereby agrees with OWNER to commence and complete the construction of certain improvements
described as follows:
BID #06-003-BM - OVERTON PARK WAL-MART PAVING AND DRAINAGE IMPROVEMENTS -
$1,497,892.00
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 8, 2006 is
incorporated into and made a part of this agreement.
The CONTRACTOR hereby agrees to commence work within ten days after the date written notice to do so shall have
been given to him and to substantially complete same within the time specified in the contract documents.
The OWNER agrees to pay the CONTRACTOR in current funds for the performance of the contract in accordance
awith 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:
.:. APJ -s IJU
t a,
COMPLETE ADDRESS:
ATTEST:
'171w& alei) " aav'i-�
Corpotate Secretary
CITY OF LUBBOCK, TEXAS (OWNER):
By: ;�4n
MA OR . PRO TEM
ATTEST:
City'Selretary
APPROVED AST NTE
Owner's Represen ative
Director
APPROVED AS TO
;
i
GENERAL CONDITIONS OF THE AGREEMENT
1. OWNER
Whenever the word Owner, or First Party, are used in this contract, it shall be understood as referring to the City
of Lubbock, Texas.
2. CONTRACTOR
Whenever the word Contractor, or Second Party, is used, it shall be understood to mean the person, persons, co-
partnership or corporation, to wit WEST TEXAS PAVING INC. who has agreed to perform the work embraced
in this contract, or their legal representative.
OWNER'S REPRESENTATIVE
Whenever the word Owner's Representative or representative is used in this contract, it shall be understood as
referring to, City of Lubbock, or its representative R. 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.
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.
U
GENERAL CONDITIONS OF THE AGREEMENT
r
GENERAL CONDITIONS OF THE AGREEMENT
1. OWNER
Whenever the word Owner, or First Party, are used in this contract, it shall be understood as referring to the City
of Lubbock, Texas.
2. CONTRACTOR
Whenever the word Contractor, or Second Party, is used, it shall be understood to mean the person, persons, co-
partnership or corporation, to wit who has agreed to perform the work embraced
in this contract, or their legal representative.
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 R. 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.
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.
t _�
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.
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14. OWNER'S REPRESENTATIVE'S AUTHORITY AND DUTY
Unless otherwise specified, it is mutually agreed between the parties to this Agreement that the Owner's
Representative has the authority to review all work included herein. The Owner's Representative has the
authority to stop the work whenever such stoppage may be necessary to ensure the proper execution of the
contract. The Owner's Representative shall, in all cases, determine the amounts and quantities of the several kinds
of work which are to be paid for under the contract documents, and shall determine all questions in relation to said
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 bome by the Contractor.
The Owner or Owner's Representatives shall not be responsible for the acts or omissions of the Contractor, or any
subcontractors, or any of Contractor's agents or employees, or any other persons performing any of the work.
17. CONTRACTOR'S UNDERSTANDING
It is understood and agreed that the Contractor has, by careful examination, satisfied itself as to the nature and
location of the work, the confirmation of the ground, the character, quality and quantity of materials to be
encountered, the character of equipment and facilities needed preliminary to and during the prosecution of the
work, and the general and local conditions, and all other matters which in any way affect the work under the
contract documents. No oral agreement or conversation with any officer, agent, or employee of the Owner, or
Owner's Representative either before or after the execution of this contract, shall affect or modify any of the
terms or obligations herein contained. Subject to the rights of Owner as set forth in Paragraph 23 hereof, all
modifications and/or amendments to the contract documents, shall be in writing, and executed by Owner's
Representative and Contractor.
Unless otherwise specified herein, all loss, expense or damage to Contractor arising out of the nature of the work
to be done, or from the action of the elements, or from any unforeseen circumstance and the prosecution of the
work, shall be sustained and bcme by the Contractor at its own cost and expense.
18. CHARACTER OF WORKERS
The Contractor agrees to employ only orderly and competent workers, skillful in the performance in the type of
work required under this contract, to do the work; and agrees that whenever the Owner's Representative shall
inform Contractor in writing that any 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,
and shall be corrected at the Contractor's expense.
Neither observations by the Owner or Owner's Representative, nor inspections, tests, or approvals made by
Owner, Owner's Representative, or other persons authorized under the contract documents to make such
inspections, tests, or approvals shall relieve the Contractor from its obligation to perform the work in accordance
with the requirements of the contract documents.
22. DEFECTS AND THEIR REMEDIES
It is expressly agreed that if the work or any part thereof, or any material brought on the site of the work for use in
the work or selected for the same, shall be deemed by the Owner or Owner's Representative as unsuitable or not in
conformity with plans, specifications and/or contract documents, the Contractor shall, after receipt of written
notice thereof from the Owner's Representative, forthwith remove such material and rebuild or otherwise remedy
such work so that it shall be in full accordance with the contract documents. It is further agreed that any remedial
action contemplated as hereinabove set forth shall be at Contractor's expense.
23. CHANGES AND ALTERATIONS
The Contractor further agrees that the Owner may make such changes and alterations as the Owner may see fit, in
�M the line, grade, form dimensions, plans or materials for the work herein contemplated, or any part thereof, either
;.:4before or after the beginning of the construction, without affecting the validity of this contract and the
accompanying bond.
If such changes or alterations diminish the quantity of the work to be done, they shall not constitute the basis for a
claim for damages, or anticipated profits on the work that may be dispensed with. If they increase the amount of
work, and the increased work can fairly be classified under the specifications, such increase shall be paid
according to the quantity actually done and at the unit price established for such work under this contract;
otherwise such additional work shall be paid for as provided under Extra Work. In case the Owner shall make
such changes or alterations as shall make useless any work already done or material already furnished or used in
said work, then the Owner shall recompense the Contractor for any material or labor so used, and for actual
expenses incurred in preparation for the work as originally planned.
24. EXTRA WORK
The term "extra work" as used in this contract shall be understood to mean and include all work that may be
required by the Owner or Owner's Representative to be done by the Contractor to accomplish any change,
alteration or addition to the work as shown on the plans and specifications or contract documents and not covered
by Contractor's 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
methods:
Method (A) - By agreed unit prices; or
Method (B) - By agreed lump sum; or
Method (C) - If neither Method (A) or Method (B) be agreed upon before the extra work is
commenced, then the Contractor shall be paid the lesser of the following: (1) actual field
cost of the extra work, plus fifteen (15%) percent; 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.
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26. RIGHT OF OWNER TO MODIFY METHODS AND EQUIPMENT
If at any time the methods or equipment used by the Contractor are found to be inadequate to secure the quality of
work with the rate of progress required under this contract, the Owner or Owner's Representative may order the
Contractor in writing to increase their safety or improve their character and efficiency and the Contractor shall
comply with such order.
If, at any time, the working force of the Contractor is inadequate for securing the progress herein specified, the
Contractor shall, if so ordered in writing, increase its force or equipment, or both, to such an extent as to give
reasonable assurance of compliance with the schedule of progress.
27. PROTECTION AGAINST ACCIDENT TO EMPLOYEES AND THE PUBLIC AND GENERAL INDEMNITY
The Contractor shall take out and procure a policy or policies of Workers' Compensation Insurance with an
insurance company licensed to transact business in the State of Texas, which policy shall comply with the
Workers' Compensation laws of the State of Texas. The Contractor shall at all times exercise reasonable
precaution for the safety of employees and others on or near the work and shall comply with all applicable
provisions of federal, state and municipal laws and building and construction codes. All machinery and
equipment and other physical hazards shall be guarded in accordance with the "Manual of Accident Prevention in
Construction" of Associated General Contractors of America, except where incompatible with federal, state or
municipal laws or regulations. The Contractor, its sureties and insurance carriers shall defend, indemnify and
hold harmless the Owner and all of its officers, agents and employees against any all losses, costs, damages,
expenses, liabilities, claims and/or causes of action, whether known or unknown, fixed, actual, accrued or
contingent, liquidated or unliquidated, including, but not limited to, attorneys' fees and expenses, in connection
with, incident to, related to, or arising out of, the Contractor's or any subcontractor's, agent's or employee's, in
any manner whatsoever, omission, execution and/or supervision of this contract, and the project which is the
subject matter of this contract.
The safety precautions taken shall be the sole responsibility of the Contractor, in its sole discretion as an
Independent Contractor; inclusion of this paragraph in the Agreement, as well as any notice which may be given
by the Owners or the Owner's Representative concerning omissions under this paragraph as the work progresses,
are intended as reminders to the Contractor of its duty and shall not be construed as any assumption of duty to
supervise safety precautions by either the Contractor or any of its subcontractors.
28. CONTRACTOR'S INSURANCE
The Contractor shall not commence work under this contract until he has obtained all insurance as required in the
General Conditions of the contract documents, from an underwriter authorized to do business in the State of
Texas and satisfactory to the City. Proof of coverage shall be furnished to the City and written notice of
cancellation or any material change will be provided ten (10) calendar days in advance of cancellation or change.
All policies of insurance, required herein, including policies of insurance required to be provided by Contractor
and its subcontractors, shall contain a waiver of any and all of the insurer's or payor's, in the event of self-
insurance, rights to subrogation that any such insurer or payor, in the event of self-insurance, may acquire by
virtue of payment of any loss under such insurance or self-insurance. All certificates of insurance submitted to
the City in conformity with the provisions hereof shall establish such waiver.
The Contractor shall procure and carry at its sole cost and expense through the life of this contract, insurance
protection as hereinafter specified. Coverage in excess of that specified herein also shall be acceptable. Such
insurance shall be carried with an insurance company authorized to transact business in the State of Texas and
shall cover all operations in connection with this contract, whether performed by the Contractor or a
subcontractor, or separate policies shall be provided covering the operation of each subcontractor. A certificate of
insurance specifying each and all coverages shall be submitted prior to contract execution.
PROOF OF COVERAGE SHALL BE FURNISHED TO THE CITY OF LUBBOCK IN THE FORM OF
A CERTIFICATE OF INSURANCE 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:
Premises and Operations
Products & Completed Operations Hazard
Contractual Liability
Personal Injury & Advertising Injury
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.
The Contractor must provide a certificate of coverage to the governmental entity prior to being
awarded the contract.
4. If the coverage period shown on the Contractor's current certificate of coverage ends during the
duration of the project, the Contractor must, prior to the end of the coverage period, file a new
certificate of coverage with the governmental entity showing that coverage has been extended.
5. The Contractor shall obtain from each person providing services on the project, and provide to the
governmental entity:
(a) a certificate of coverage, prior to that person beginning work on the project, so the
governmental entity will have on file certificates of coverage showing coverage for all
persons providing services on the project; and
(b) no later than seven days after receipt by the Contractor, a new certificate of coverage
showing extension of coverage, if the coverage period shown on the current certificate of
coverage ends during the duration of the project.
6 The Contractor shall retain all required certificates of coverage for the duration of the project and
for one year thereafter.
7. The Contractor shall notify the governmental entity in writing by certified mail or personal
delivery, within 10 days after the Contractor knew or should have known, of any change that
materially affects the provision of coverage of any person providing services on the project.
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8. The Contractor shall post on each project site a notice, in the text, form and manner prescribed by
the Texas Workers' Compensation Commission, informing all persons providing services on the
project that they are required to be covered, and stating how a person may verify coverage and
report lack of coverage.
9. The Contractor shall contractually require each person with whom it contracts to provide services
on the project, to:
(a) provide coverage, based on proper reporting of classification codes and payroll amounts
and filing of any coverage agreements, which meets the statutory requirements of Texas
Labor Code, Section 401.011(44) for all of its employees providing services on the
project, for the duration of the project;
(b) provide to the Contractor, prior to that person beginning work on the project, a certificate
of coverage showing that coverage is being provided for all employees of the person
providing services on the project, for the duration of the project;
(c) provide the Contractor, prior to the end of the coverage period, a new certificate of
coverage showing extension of coverage, if the coverage period shown on the current
certificate of coverage ends during the duration of the project;
(d) obtain from each other person with whom it contracts, and provide to the Contractor:
(1) a certificate of coverage, prior to the other person beginning work on the project;
and
(2) a new certificate of coverage showing extension of coverage, prior to the end of
the coverage period, if the coverage period shown on the current certificate of
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
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does not remedy the breach within ten days after receipt of notice of breach from the
governmental entity.
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 home
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
(ii) no later than seven days after receipt by the Contractor, a new certificate of
coverage showing extension of coverage, if the coverage period shown on the
current certificate of coverage ends during the duration of the project;
(e) retain all required certificates of coverage on file for the duration of the project and for
one year thereafter;
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(f) notify the governmental entity in writing by certified mail or personal delivery, within 10
days after the Contractor knew or should have known, of any change that materially
affects the provision of coverage of any person providing services on the project;
(g) post a notice on each project site informing all persons providing services on the project
that they are required to be covered, and stating how a person may verify current
coverage and report failure to provide coverage. This notice does not satisfy other
posting requirements imposed by the Texas Worker's Compensation Act or other
commission rules. This notice must be printed with a title in at least 30 point bold type
and text in at least 19 point normal type, and shall be in both English and Spanish and
any other language common to the worker population. The text for the notices shall be
the following text provided by the commission on the sample notice, without any
additional words or changes:
REQUIRED WORKERS' COMPENSATION COVERAGE
"The law requires that each person working on this site or providing services related to
this construction project must be covered by workers' compensation insurance. This
includes persons providing, hauling, or delivering equipment or materials, or providing
labor or transportation or other service related to the project, regardless of the identity
of their employer or status as an employee. "
"Call the Texas Workers' Compensation Commission at 80013 72- 7713 or 5121804-4000
(http://www.twcc.stateJx.us/twcccontactv.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:
"By signing this contract or providing or causing to be
provided a certificate of coverage, the person signing this
contract is representing to the governmental entity that all
employees of the person signing this contract who will
provide services on the project will be covered by workers'
compensation coverage for the duration of the project, that
the coverage will be based on proper reprinting of
classification codes and payroll amounts, and that all
coverage agreements will be filed with the appropriate
insurance carrier or, in the case of a self -insured, with the
commission's Division of Self -Insurance Regulation.
Providing false or misleading information may subject the
Contractor to administrative penalties, criminal penalties,
civil penalties, or other civil actions.";
(iv) provide the Contractor, prior to the end of the coverage period, a new certificate
of coverage showing extension of coverage, if the coverage period shown on the
current certificate of coverage ends during the duration of the project;
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(v) obtain from each other person with whom it contracts, and provide to the
Contractor:
(1) a certificate of coverage, prior to the other person beginning work on the
project; and
(2) prior to the end of the coverage period, a new certificate of coverage
a showing extension of the coverage period, if the coverage period shown
on the current certificate of coverage ends during the duration of the
project;
Ell (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)-(vifi), 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, EOUIPMENT 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 furnish satisfactory evidence that all obligations of the nature hereinabove designated have been paid,
discharged or waived.
31. PROTECTION AGAINST ROYALTIES OR PATENT INVENTION
The Contractor shall pay all royalties and license fees, and shall provide for the use of any design, device, material
or process covered by letters patent or copyright by suitable legal agreement with the Patentee or owner thereof.
Without limiting, in any way, manner or form, the indemnity provided by Contractor in paragraph 27 hereof, the
Contractor shall defend all suits or claims for infringement of any patent or copyrights and shall indemnify and
save the Owner, and all of its officers, agents and employees harmless from any loss on account thereof, except
that Owner shall defend all such suits and claims and shall be responsible for all such loss when a particular
design, device, material or process or the product of a particular manufacturer or manufacturers is specified or
required in these contract documents by Owner; provided, however, if choice of alternate design, device, material
W 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
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Contractor shall be responsible for such loss unless it gives written notice of such infringement to the Owner's
Representative prior to bidding.
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 $100 (ONE HUNDRED) 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.
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IT IS FURTHER AGREED AND UNDERSTOOD BETWEEN THE CONTRACTOR AND OWNER THAT
TIME IS OF THE ESSENCE OF THIS CONTRACT.
TIME AND ORDER OF COMPLETION
It is the meaning and intent of this contract, unless otherwise herein specifically provided, that the Contractor
shall be allowed to prosecute its work at such time and sessions, in such order of precedence, and in such manner
as shall be most conductive to economy of construction; provided, however, that the order and time of prosecution
shall be such that the work shall be substantially completed as a whole and in part, in accordance with this
contract, the plans and specifications, and within the time of completion designated in the bid; provided, also, that
when the Owner is having other work done, either by contract or by its own force, the Owner's Representative
may direct the time and manner of constructing work done under this contract so that conflicts will be avoided
and the construction of the various works being done for the Owner shall be harmonized.
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.
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.
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.
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
15
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
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.
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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
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partial payment is attributable.
43. SUBSTANTIAL COMPLETION
9
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
F, 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
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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 3lst 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
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
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(b) The Owner, under sealed bids, after notice published as required by law, at least twice in a newspaper
Fhaving 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,
a 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
EJ the Contractor and/or his Surety, if applicable, fail to pay the amount due the Owner within the time designated
hereinabove, and there remains any machinery, equipment, tools, materials or supplies on the site of the work,
notice thereof, together with an itemized list of such equipment and materials shall be mailed to the Contractor
and his Surety, if applicable, at the respective addresses designated in this contract; provided, however, that actual
written notice given in any manner will satisfy this condition. After mailing, or other giving of such notice, such
property shall be held at the risk of the Contractor and his Surety, if applicable, subject only to the duty of the
Owner to exercise ordinary care to protect such property. After fifteen (15) calendar days from the date of said
notice the Owner may sell such machinery, equipment, tools, materials or supplies and apply the net sum derived
from such sale to the credit of the Contractor and his Surety, if applicable. Such sale may be made at either public
or private sale, with or without notice, as the Owner may elect. The Owner shall release any machinery,
'~ equipment, tools, materials, or supplies that remain on the jobsite and belong to persons other than the Contractor
or his Surety, if applicable, to their proper owners.
The remedies provided to Owner by law, equity, contract, or otherwise, shall be cumulative, to the extent
' permitted by law. It is expressly agreed and understood that the exercise by Owner of the remedies provided in
this paragraph shall not constitute an election of remedies on the part of Owner, and Owner, irrespective of its
exercise of remedies hereunder, shall be entitled to exercise concurrently or otherwise, any and all other remedies
available to it, by law, equity, contract or otherwise, including but not limited to, liquidated damages, as provided
in paragraph 34, hereinabove set forth.
49. LIMITATION ON CONTRACTOR'S REMEDY
The remedies of Contractor hereunder shall be limited to, and Owner shall be liable only for, work actually
performed by Contractor and/or its subcontractors as set forth in the contract documents, and Owner shall not be
liable for any consequential, punitive or indirect loss or damage that Contractor may suffer in connection with the
project which is the subject matter of this contract.
50. BONDS
The Contractor is required to furnish a performance bond in accordance with Chapter 2253, Government Code, in
( the amount of 100% of the total contract price in the event that said contract price exceeds $100,000 and the
L 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 borne by the Contractor at his own cost and expense.
53. INDEPENDENT CONTRACTOR
Contractor is, and shall remain, an independent contractor with full, complete and exclusive power and authority
to direct, supervise, and control its own employees and to determine the method of the performance of the work
covered hereby. The fact that the Owner or Owner's Representative shall have the right to observe Contractor's
work during Contractor's performance and to carry out the other prerogatives which are expressly reserved to and
vested in the Owner or Owner's Representative hereunder, is not intended to and shall not at any time change or
effect the status of the Contractor as an independent contractor with respect to either the Owner or Owner's
Representative or to the Contractor's own employees or to any other person, firm, or corporation.
54. CLEANING UP
The Contractor shall at all times keep the premises free from accumulation of debris caused by the work, and at
the completion of the work Contractor shall remove all such debris and also its tools, scaffolding, and surplus
materials and shall leave the work room clean or its equivalent. The work shall be left in good order and
condition. In case of dispute Owner may remove the debris and charge the cost to the Contractor.
55. HAZARDOUS SUBSTANCES AND ASBESTOS
Hazardous Substances (herein so called), as defined in the Comprehensive Environmental Response,
Compensation, and Liability Act (42 U.S.C.S. §9601(14)) and the regulations promulgated thereunder, as same
may be amended from time to time, hydrocarbons or other petroleum products or byproducts and/or asbestos, in
any form, shall not (i) be utilized, in any way, manner or form, in the construction of, or incorporation into, the
Project; or (ii) be brought upon, placed, or located, by any party, on the Project site, or any other property of the
City, without the written consent of the Owner's Representative. If Contractor believes that the utilization of a
Hazardous Substance, hydrocarbons or other petroleum products or byproducts and/or asbestos is necessary in the
construction of the Project, or that it is necessary to place and/or otherwise locate upon the site of the Project or
other property of the City, a Hazardous Substance, hydrocarbons or other petroleum products or byproducts
and/or asbestos, Contractor shall notify the Owner's Representative, and request consent therefrom, at least
twenty (20) days prior to such action. Owner's Representative may grant or deny the request of Contractor and
provide whatever requirements such consent, if granted, is conditioned upon, in its sole and absolute discretion. If
the request of Contractor is not granted, or otherwise not responded to, by Owner's Representative within five (5)
days of the receipt of said request, said request shall be deemed to be denied.
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In the event Owner's Representative shall consent to the request of Contractor, Contractor shall be responsible for
ensuring that all personnel involved in the Project are (i) trained for the level of expertise required for proper
performance of the actions contemplated by this Contract and, in particular, in all aspects of handling, storage,
disposal and exposure of Hazardous Substances, hydrocarbons or other petroleum products or byproducts and/or
asbestos; and (ii) are provided and utilize all protective equipment, including without limitation, personal
protective gear, necessary to provide protection from exposure to Hazardous Substances, hydrocarbons or other
petroleum products or byproducts and/or asbestos.
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CURRENT WAGE DETERMINATIONS
RE: RESOLUTION NO.2002-R0483, NOVEMBER 14, 2002
Craft
Acoustical Ceiling Installer
Air Conditioner Installer
Air Conditioner Installer -Helper
Asbestos Worker
Asbestos Supervisor
Bricklayer
Bricklayer -Helper
Carpenter
Carpenter -Helper
Cement Finisher
Drywall Hanger
Electrician
Electrician -Helper
Equipment Operator -Heavy
Equipment Operator -Light
Fire Sprinkler Fitter -Journey
Fire Sprinkler Fitter -Apprentice
Floor Installer
Glazier
Insulator-PipingBoiler
Insulator -Helper
Iron Worker
Laborer -General
Mortar Mixer
Painter
Plumber
Plumber -Helper
Roofer
Roofer -Helper
Sheet Metal Worker
Sheet Metal Worker -Helper
Welder -Certified
EXHIBIT A
City of Lubbock
Building Construction Trades
Prevailing Rates
Hourly Rate
11.50
12.00
7.50
9.00
12.50
12.50
7.00
11.00
7.00
9.00
11.00
15.00
8.00
10.00
9.00
18.00
10.00
9.50
10.50
10.50
7.00
11.00
6.00
6.00
9.50
12.50
7.00
9.00
7.00
10.00
7.00
11.00
0
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
yµ
EXHIBIT C
Prevailing Wage Rates
Overtime Rate
The rate for overtime (in excess of forty hours per week) shall be as required by the Fair Labor Standards Act.
EXHIBIT D
Prevailing Wage Rates
Legal Holiday Rate
The rate for legal holidays shall be as required by the Fair Labor Standards Act.
1,
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SPECIAL CONDITIONS
F
SPECIAL CONDITIONS
The standard City of Lubbock specifications are herein modified as follows:
F
1. GENERAL INSTRUCTIONS TO BIDDERS, PARAGRAPH 12 TIME AND ORDER FOR COMPLETION.
Delete subparagraph 12.1 and 12.2 and insert the following:
12.1 The construction covered by the contract documents shall be fully completed within a total of ONE
HUNDRED SIXTY (160) WORKING DAYS from the date specified in the Notice to proceed issued by
F the City of Lubbock to the successful bidder. The construction shall be accomplished in three (3) separate
phases, with each phase having its own time limit as defined in the following paragraphs.
12.2 The Contractor will be permitted to prosecute the work within each phase in order of his own choosing
with the following requirement. All concrete curb and gutter work shall begin at the lowest elevation and
proceeding upgrade. Constructing concrete curb and gutter from a higher elevation and proceeding
0]11
downgrade shall not be allowed.
_ 12.3 The Contractor shall submit a progress schedule of the work, by phases, within 20 working days after
award of the Contract. The progress schedule shall be prepared in a form suitable to the City of Lubbock
and shall show the proposed starting and completion dates for each phase of construction and each item of
work within each phase. The progress schedule shall include a "Percent Complete Curve" with the
x monthly amount, cumulative amount and cumulative percent. Once approved, revisions or changes in the
r' progress schedule may be made only with approval of the City of Lubbock.
If it is determined by the City that the progress of the work is not in accordance with the progress
schedule, the City may direct the Contractor to take such action as the City deems necessary to ensure
completion of each phase of the project within the time specified.
12.4 The construction work shall be accomplished in three (3) phases as described herein. Each phase of the
work shall be complete before the next phase is begun. The Contractor is responsible for all the work
until all phases are completed and accepted by the City of Lubbock. After acceptance by the City, the
Contractor shall be responsible for the work throughout the standard warranty period as specified by the
City.
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12.5 PHASE I. Phase I is defined as demolition and construction of new driveways, alley returns and curb
and futter around the perimeter of the WalMart site. Included is the west side of Avenue R, the north side
of 7 Street and the east side of Avenue T. The curb inlets on Avenue T and on 71h Street shall also be
included in this phase. The purpose of this phase is to provide definition for the parkway amenities
package by others. This phase of work shall be completed no later than April 1, 2006.
12.6 PHASE II. Phase II is the demolition and construction of all paving improvements necessary to provide
i partial access to the WalMart site. Included is Avenue R from Marsha Sharp Freeway to the south end of
radius of Mac Davis Lane, and Avenue T from Marsha Sharp Freeway to the south end of radius of 5`b
Street. This phase of work shall be completed no later than July 1, 2006.
12.7 PHASE III. The final phase of work consists of the demolition and construction of all remaining items
in this project. This work shall be completed within the 160 working days specified.
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En
Cf)
CITY OF LUBBOCK
STREET / DRAINAGE ENGINEERING
STANDARD PAVIN(l SPECIFICATIONS
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
r
12.1 MEASUREMENT AND PAYMENT 33
y 12.2 Curb and Gutter 33
12.3 Concrete Flat Slabs 33
12.4 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
12.11
Storm Sewer Inlet Boxes and Manholes
Headwalls
35
35
12.12
Storm Sewer Pipe
35
PJ12.14
12.13
Extra Vertical Feet of Manhole
Curb and Gutter Removal
35
36
12.15
Concrete Slab Removal
36
12.16
2 Sack Flowable Fill
36
R
12.17
Asphalt Paving
36
12.18
Asphalt Paving Repair
36
12.19
Excavation and Grading
37
J
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
CITY OF LUBBOCK
STREET / 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
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
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
I
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.
2
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.
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
3
hydrant by a contractor until the proper and correct backflow prevention devices are
r 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.
4
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.
The 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
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
5
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 Dav 28 Dav
A - 2100 3000 -
B 2500 3000 - -
C - 2500 3600 600 (28 day)
D - - 2500 -
E Unless otherwise specified 500 (16 hr)
2.5 CEMENT
Cement shall be Type I, 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).
31
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.
7
r
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
FA 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,
0
p
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.
E
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
r 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.
71 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.
10
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
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.
11
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.
12
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" 94 #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.
13
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 a mixing 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 n compliance liance with theses specifications.
P P
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
14
1::
density. The contractor shall replace the pavement removed from core holes at no cost to
the City. ASB found to be deficient in composition, compaction, thickness, or density
shall be corrected at the contractor's expense as directed by the Engineer.
5.2 ASB MIX DESIGN
The contractor shall provide a current mix design using the approved materials indicating
gradation and optimum asphalt content. The aggregate mixture shall conform to the
following master gradation.
Sieve Size 1-1/2" 3/4" 1/2" #4 #40
Percent Retained by Weight 0 8-30 30-55 50-70 70-90
Material passing the #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.
The ASB mixture shall consist of a uniform mixture of mineral aggregate and asphaltic
material. The mineral aggregate shall conform to the gradation requirements specified.
The percent asphaltic material shall be determined in accordance with Test Method Tex.-
126-E or Test Method Tex.-204-F and procedures outlined in TxDOT Bulletin C-14. In
no case shall the asphalt content be less than 4% or more than 9% by weight. Asphalt for
the mixture shall meet the requirments of TxDOT Item "Asphalt, Oils, and Emulsions".
The grade of asphalt and source must be approved by the Engineer prior to use.
The contractor shall submit the mix design prepared by a qualified lab for approval by
the Engineer. The Engineer will approve the asphalt content to be used in the mixture
after design tests have been made with the aggregate to be used. The asphalt content of
the production mixture shall not vary from the design more than 0.2% dry weight based
on total mixture.
5.3 PLACING ASB
ASB shall be placed and compacted in 3 inch lifts, unless otherwise directed by the
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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 treater 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
Tvue "D" ( Fine Graded Surface Course - Streets 36 feet or less wide
Percent passing 5/8"
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.
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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
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 minimum).
The crushed concrete shall be processed and blended at the contractor's batch plant. The
material shall be processed to remove wood, steel, and other objectionable materials so as
to produce a crushed aggregate in 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 maximum
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
UI 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
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.
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
Fi 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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coat shall be applied as directed by the Engineer with an approved sprayer. Where the
pavement mixture will adhere, as determined by the Engineer, to the surfaces on which it
is to be placed without the use of a tack coat, the Engineer may waive the requirement for
the tack coat. All contact surfaces of curbs, structures, and joints shall be painted with a
thin uniform tack coat. The tack coat shall be rolled with a pneumatic tire roller as
directed by the Engineer.
The asphaltic material for tack coat shall meet the requirements for Cut -Back Asphalt
RC-2, or shall be a Cut -Back Asphalt made by combining 50 to 70 percent by volume of
the asphaltic material as specified for the paving mixture with 50 to 30 percent by volume
of gasoline and/or kerosene. If RC-2 Cut -Back Asphalt is used, it may, upon direction
from the Engineer, be diluted by addition of an approved grade of gasoline and/or
kerosene, not to exceed 15 percent by volume.
6.10 EMULSIFIED ASPHALT SEALER
All HMAC surface courses shall be sprayed with an emulsified asphalt sealer consisting
of a 15/85 mixture of an MS-2, or 20/80 SS-1, liquid anionic asphalt and distilled water.
The emulsified asphalt sealer shall be applied after the HMAC surface has cooled to
below 70 degrees F, and shall be applied at a rate of 0.10 to 0.12 gallons per square yard
of surface.
7.1 STORM SEWER
Storm sewer shall include installation of pipe, manholes, inlet structures and outlet
structures. Contractor shall use only materials, tools, methods, and equipment considered
standard by the pipeline construction industry, and approved by the Engineer. Grade and
horizontal alignment shall be maintained using a laser or batter boards.
7.2 REINFORCED CONCRETE PIPE
Storm sewer shall be constructed using reinforced concrete pipe, either precast or cast in
place. The pipe shall conform to the requirements of AASHTO M-170 or ASTM C-76.
Pipe shall be Class III unless otherwise noted on plan sheets.
7.3 MORTAR
Mortar shall be used for caulking and filling between pipe and drainage structures.
Mortar shall be composed of 1 part, by volume, of Portland cement and 2 parts of mortar
sand. The Portland cement shall conform to the requirements of ASTM C-150, Type I.
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The sand shall conform to the requirements of ASTM C-144. Hydrated lime may be
added to the mixture of sand and cement in an amount equal to 15% of the weight of
cement used. The hydrated lime shall meet the requirements of ASTM C-6.
Mortar which has not been used after 45 minutes of having water added shall be
discarded. Mortar may not be retempered by having water added.
7.4 PREFORMED BITUMINUS GASKET JOINTS
Preformed bituminous gaskets for concrete non -pressure pipe shall conform to the
requirements of Fed. Spec. SS-S-00210 (GSA-FSS), and shall be Ram-Nek or approved
equal. Gaskets shall be installed in accordance with manufacturer's recommendations
and shall form a water -tight joint.
7.5 MANHOLES
Manhole barrel, cone and extension sections shall be constructed of precast concrete. A
t'1 plant inspection may be required for production facility inspection and to review record -
keeping for material certification.
The manufacturer must provide certification that all materials used for manufacturing
meet with the following ASTM Specifications.
Aggregates ASTM C-33
Cement ASTM C-150
Sampling Specimens ASTM C-39
Reinforcing ASTM C-185
Sand and Mortar ASTM C-144
Precast concrete sections for manholes shall conform to ASTM C-478 specifications.
Compressive strength test results must verify concrete strengths meet or exceed 4,000
psi. Aggregate shall be crushed limestone and shall conform to ASTM C-33
specifications.
Joints, excepting grade rings, shall be tongue and groove or an equivalent male and
female type joint as approved by the Engineer. All joints shall be effectively jointed to
prevent leakage and infiltration. All connections between wall sections shall be joined
t with Conseal Joint Sealant or approved equal to provide a watertight manhole. This
J sealant will be provided by supplier and will be considered an essential part of each
shipment.
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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 smooth, 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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7.7 CONSTRUCTION METHODS
All equipment necessary and required for the proper construction of storm sewers,
manholes and culverts shall be on the project, in first-class working condition, and
approved by the Engineer before construction is permitted to start. If precast concrete
pipe or manhole sections are used, the Contractor shall provide appropriate hoisting
equipment to handle the pipe or sections while unloading and placing it in its final
position without damage to the pipe.
The Contractor shall provide hand tampers and pneumatic tampers to obtain the required
compaction of the pipe bed, the manhole bed and the backfill, as specified.
7.8 EXCAVATION
The Contractor shall do all excavation to the depth shown on the plans. Where rock, or
soil containing rocks or gravel, hard pan or other unyielding foundation material is
encountered in trench excavation, the pipe shall be bedded in accordance with the
requirements of one of the classes of bedding, and the hard unyielding material shall be
excavated below the elevation of the bottom of the pipe or pipe bell to a depth of at least
8 inches or 1/2 inch for each foot of fill over the top of the pipe, whichever is greater, but
not more than three -fourths the nominal diameter of the pipe. The cushion shall consist
of a fine compressive material, such as silty clay or loam, lightly compacted, and shaped
as required for the specified class of bedding. The cost of furnishing and placing the
cushion material shall be included in the bid price per linear foot of pipe in place. The
bottom of the trench shall be excavated to a horizontal section as far as practicable.
Excavated material not required or acceptable for backfill shall be disposed of by the
Contractor as directed by the Engineer. Excavation shall not be carried below the
required depth; but when it is, the trench shall be backfilled at the Contractor's expense
with material approved by the Engineer and compacted to the density of the surrounding
earth material as determined by AASHTO T-180.
When directed, unstable soil shall be removed for the full width of the trench and
replaced with sand or with approved granular material. The Engineer shall determine the
depth of removal of unstable soil and the amount of backfill necessary. The backfill shall
be compacted and shaped to a firm but slightly yielding condition to form the bed for the
pipe.
Grades for pipe shall be as shown on the drawings. No changes in grade will be made
unless so directed by the Engineer.
26
The minimum width of the trench at the top of the pipe, when placed, shall be a w1cit11—la
which will permit the proper construction of joints and compaction of backfill arour <1D..d the
pipe. The sides of the trench shall be vertical, unless otherwise approved by the
Engineer. The maximum allowable width of the trench shall not exceed the widths
shown below unless otherwise approved by the Engineer.
NOMINAL PIPE MINIMUM TRENCH MAXIMUM TRF N C=E�H
SIZE WIDTH AT SPRINGLINE WIDTH AT TOP OF PIPE
Less than 18" Pipe O.D. + 12" Pipe O.D. + IF."'
18" thru 36" Pipe O.D. + 18" Pipe O.D. + 24"
37" thru 60" Pipe O.D. + 24" Pipe O.D. + 3C "
The width of the trench above the top of the pipe may be as wide as necessary for -
shoring, bracing or proper installation of the pipe. Excavation in paved areas shall b•oe
confined to a minimum practical width. The bed for pipe shall be so shaped that at leseast
the lower quarter of the pipe circumference shall be in continuous contact with the
bottom of the trench.
The excavation for manholes shall be essentially the same as that for the piping. _ 1-iese
sides of the excavation shall be vertical unless otherwise approved by the Engineer- The
Contractor shall do such trench bracing, sheathing or shoring necessary to perform zaAEmEaind
protect the excavation as required for safety and conformance to applicable laws aric�-••d
regulations. The bracing, sheathing, or shoring shall not be removed in one operzati ocz=;>n but
shall be done in successive stages to prevent overloading of the pipe during bacicfilliiRing
operations. The cost of the bracing, sheathing, or shoring and the removal of same shall
be included in the unit price bid per foot for the pipe.
Surface water shall be prevented from entering the excavation. Heavy equipmerit, e . xcepl
for excavating equipment, shall not be operated within 20 feet of the edge of the
excavation. Excavated materials shall be stockpiled no closer than 3 feet from the e —dge
of the excavation.
7.9 PIPE INSTALLATION
The Contractor shall provide the appropriate tools and methods to insure installatiorr---rY of
the pipe to line and grade, as shown on the drawings. The Contractor's facilities for -
lowering precast pipe into the trench shall be such that neither the pipe nor the tr-ernco---ch wi
be damaged or disturbed.
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The Engineer shall inspect all precast pipe before it is placed. Any section that is
damaged by handling or is defective to a degree which in the opinion of the Engineer will
materially affect the function and service of the pipe shall be rejected and removed from
the job site.
Installing the precast pipe in the finished trench shall be started at the lowest point and is
laid upgrade. For tongue and groove precast pipe, the grooved end shall be laid upgrade.
The pipe shall be firmly and accurately installed to line and grade so that the invert will
be smooth and uniform. The pipe shall be protected from water during placing and until
the concrete, in cast -in -place pipe, or the mortar, in the joints of precast or cast in place
pipe, has thoroughly set. The contractor shall provide temporary diversions as necessary
to prevent surface water flow into the excavation.
Pipe shall not be laid or installed on frozen ground.
Pipe which is not true in alignment, or which shows any change in grade after laying or
installing, shall be taken up and re-laid or re -installed without extra compensation.
Mortar shall be used for caulking and filling between the pipe and the drainage
structures. Mortar that is not used within 45 minutes after water has been added shall be
discarded. Retempering of mortar shall not be permitted. Pipe joints for precast concrete
pipe shall be of the tongue and groove type. The joints shall be of a watertight joint.
�. Each joint shall be sealed with a preformed bituminous gasket as specified. The gasket
shall be installed as recommended by the pipe manufacturer.
Field poured concrete bases shall be at least 12 inches thick and not less than 1 (one) foot
greater diameter than the outside diameter of the manhole riser section. Concrete shall be
Class A at a minimum 3000 psi 28 day compressive strength. Concrete placement shall
conform to ACI and good construction practices. Concrete shall be consolidated and
struck -off to a horizontal surface within the forms or pouring rings.
Field poured concrete bases shall be reinforced as detailed on the Plans or as shown in
the Standard Details. The manhole shall be constructed to ASTM C-891 standards.
Precast reinforced concrete bases shall be of the size and shape detailed on the Plans or as
shown in the Standard Details.
7.10 BACKFILLING
All trenches and excavations shall be backfilled as the pipes and manholes are installed,
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unless otherwise directed by the Engineer. Outside of street right of way the backfill
material shall be selected granular material from excavation or borrow; material which is
placed at the sides of the pipe and manhole and 1 foot over the top shall be material
which can be readily compacted. It shall not contain stones retained on a 2-inch sieve,
frozen lumps, chunks of highly plastic clay, or any other material which is objectionable
to the Engineer. The Material shall be moistened or dried, if necessary, to be compacted
by the method in use. Backfill material shall be approved by the Engineer.
The backfill shall be placed in loose layers not to exceed 6 inches in depth along each
side of the pipe and manhole. Special care shall be taken to secure thorough compaction
under the haunches and at the sides of the pipe and manhole. This backfill shall be
brought up evenly on each side of the structure to an elevation of 1 foot over the top of
the pipe, or such greater elevation as directed by the Engineer.
Backfilling shall be done in a manner to avoid injurious top or side pressures on the pipe
and manhole. Backfill shall be compacted to 95% (min.) Standard Proctor Density.
Unless otherwise directed by the Engineer or plans, excavation within street right of way
shall be backfilled with flowable fill material (2-sacks of cement per cubic yard concrete
mix) to 1-112 inches below the asphalt surface. The pipe shall be restrained so that
during the pour the pipe shall not be displaced.
Movement of construction machinery over a culvert, pipeline, or manhole shall be at the
Contractor's risk. Any damaged construction shall be removed and replaced at the
expense of the Contractor.
7.11 TRENCH PROTECTION
Trench excavations not exceeding five feet in depth shall be protected in accordance with
applicable OSHA, state, and local requirements. Trench excavations greater than five
feet in depth shall be protected in accordance with the following specifications. All work
performed under this section shall also comply with OSHA Part 1926, Subpart P and all
State and Local codes. The Contractor shall be responsible for complying with all trench
safety requirements, the requirements of the specifications, drawings and all applicable
codes.
Trench protection shall be performed by forces having at least two years experience with
similar types of trench safety systems. The manufacturer of prefabricated items used in
trench safety systems shall have at least two years of experience in fabricating the items.
The contractor shall provide detailed drawings for proposed trench safety systems. The
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drawings shall identify where each system is proposed for use and type of system to be
used. Trench excavations shall not be started until trench safety systems have been
submitted and approved by the Engineer.
If trench boxes are to be used, the contractor shall submit manufacturer's standard data
sheet and certificate of compliance stating the maximum allowable depth for the given
design pressure for each type of trench box proposed for use.
If alternative systems composed of steel, aluminum, wood or a combination of materials
are proposed, the contractor shall submit design data demonstrating the ability of the
proposed materials to provide the necessary trench protection.
Materials used for trench safety shall be capable of withstanding imposed loads without
excessive deflections. Materials shall be clean, free of rust, holes, knots and other
defects, and shall conform to the following:
Steel — Steel shall be of type and thickness as required and shall have a minimum
yield stress of 36 ksi.
Aluminum — Type 6061-T6, thickness as required.
Wood in Contact with Earth — Pressure treated woods.
Wood not in Contact with Earth — Soft or hardwood as required.
8.1 FENCES
Unless otherwise indicated on plans, existing fences which must be adjusted or relocated
shall be reconstructed using the same or equivalent materials, height, and construction in
the proper location. The contractor shall remove existing fence and either store for reuse
or legally dispose of the fence materials, whichever is appropriate.
New fence construction shall be in accordance with specifications and details included on
plan sheets.
9.1 SALVAGE OF ASPHALT PAVING
All salvage asphalt material shall be broken into pieces not more than 2 inches in size and
stockpiled at a location indicated in the plans. Any non -asphaltic materials, such as
flexible base and soil, shall be kept separated from the salvaged asphalt.
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10.1 BARRICADES
Prior to starting work on any project covered by these specifications, the contractor shall
submit a Traffic Control Plan for approval by the Engineer. The contractor shall have the
sole responsibility for providing, installing, moving, replacing, maintaining, cleaning,
and removing upon completion of work, all traffic control devices. The Traffic Control
Plan
and devices shall be in compliance with the Texas Manual of Uniform Traffic Control
Devices (MUTCD) and the 1993 National Cooperative Highway Research Program
Report 350 (NCHRP 350).
The Traffic Control Plan approved by the Engineer shall be considered the minimum
requirement for the project. The contractor shall provide additional devices as
determined to be necessary during the project. If at any time during construction the
approved plan does not accomplish the intended purpose, due to weather or other
conditions affecting the safe handling of traffic, the contractor shall immediately make
necessary changes to correct the unsatisfactory conditions.
The contractor shall maintain ingress and egress to private property at all times.
All signing and barricading shall be in place before construction operations are started
and during all times construction is in progress. All hazards shall be clearly marked and
adequately protected. If pedestrian walkways are blocked, pedestrian control shall
conform to "Typical Sidewalk and Curb -Lane Closure for Pedestrian Control" as
indicated in Texas MUTCD.
No separate payment will be made for traffic control. The required plan and devices
shall be considered to be subsidiary to pay items.
11.1 PROSECUTION OF THE WORK AND WORKING DAYS
During the period the contractor is directing traffic over the base, the surface shall be
satisfactorily maintained by the use of sprinkling and blading as required, so that no
hazard will result. The base course shall be maintained until the wearing surface is
placed thereon.
At no time during the period of construction shall driveways and/or alleys be left
impassable between the night hours of 6:00 PM to 6:00 AM, except during the
construction of curb and gutter for which the driveways and/or alley's shall remain
closed not more than 4 days.
No work will be performed after dark or before daylight.
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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 for a continuous period of not less than 7 hours between 7:00 am
and 6:00 pm.
Work on Saturdays, Sundays, or City of Lubbock designated holidays must be authorized
by the Engineer (see item 11.3). 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 determined 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 protest within the allotted 10 days for any statement shall indicate the
contractor's approval of the time charges as shown on that period's time statement, and
future consideration of that time statement will not be permitted.
11.3 WORK BETWEEN 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 observes 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, forming, finishing, and all incidentals necessary to complete
the work.
12.7 CONCRETE MEDIAN
Measurement will be made of the area, in square feet, of median actually constructed.
Median will be paid for at the unit price bid per square foot. The unit price bid shall
include furnishing 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 famishing and installing all materials, pavement removal, excavation,
filling, backfilling with compacted soil where applicable, and all incidentals necessary to
complete the work. Foowable 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 determined from tickets provided by the drivers
of the delivery trucks.
Payment will be made at the unit price bid per cubic yard of in place 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.
12.18 ASPHALT PAVING REPAIR
Measurement will be made of the area, in square yards, of in place asphalt paving repair.
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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.