HomeMy WebLinkAboutResolution - 2000-R0297 - Contract-Lone Star Dirt & Paving Contracting-MLK Jr Blvd Draninage Improvements - 08/24/2000Resolution No. 2000-RO297
August 24, 2000
Item No. 53
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 Martin Luther
King Jr. Blvd. Drainage Improvements, by and between the City of Lubbock and Lone
Star Dirt & Paving Contracting 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 August '2000.
WINDY SIT N, MAYOR
ATTEST:
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Kaythiebarnell, City Secretary ('a�
APPROVED AS TO CONTENT:
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Victor Kihnan, urchasing Manager
APPROVED AS TO FORM:
Linda Chamales
Supervising Attorney/Office Practice
gslccdocs/LonestarDirt&Paving.res
August 2, 2000
CONTRACT
STATE OF TEXAS
COUNTY OF LUBBOCK
THIS AGREEMENT, made and entered into this 24th day of August, 2000 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 Lone Star Dirt & Paving Contracting 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 #00-176 - MARTIN LUTHER KING JR. BLVD. DRAINAGE IMPROVEMENTS - $80,975.00
and ail extra work in connection therewith, under the terms as stated in the contract documents and at his (or their) own
proper cost and expense to furnish all materials, supplies, machinery, equipment, tools, superintendence, labor, insurance
and other accessories and services necessary to complete the said construction in accordance with the contract
documents as defined in the General Condition of Agreement.
The CONTRACTOR hereby agrees to commence work within ten days after the date written notice to do so shall have
been given to him and to substantially complete same within the time specified in the contract documents.
The OWNER agrees to pay the CONTRACTOR in current funds for the performance of the contract in accordance with
the 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.
APPROVED AS TO FORM:
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ttorney
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CIT UBBOTEXA NER
By:
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MAYOR
CONTRACTOR:
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By: ,'
PRINTED NAME: t45 e Ev _5RA"0 4 j
TITLE: &D
ATTEST: COMPLETE ADDRESS:
Corporate Secretary LONE STAR DIRT & PAVING CONTRACTING
11820 UNIVERSITY AVE.
LUBBOCK, TEXAS 79423
CITY OF LUBBOCK
SPECIFICATIONS FOR
MARTIN LUTHER KING JR. BLVD.
DRAINAGE IMPROVEMENTS
BID #00-176
CITY OF LUBBOCK
Lubbock, Texas
CITY OFLUBBOCK
INVITATION TO BID
TITLE: MARTIN LUTHERKING JR.BLVD.
DRAINAGE IMPROVEMENTS
ADDRESS: LUBBOCK, TEXAS
BID NUMBER: 00-176
PROJECT NUMBER: 4541.9240
CONTRACT PREPARED BY: PURCHASING DEPARTMENT
INDEX
1. NOTICE TO BIDDERS
2. GENERAL INSTRUCTIONS TO BIDDERS
3. BID SUBMITTAL - BID FOR UNIT COST CONTRACTS
4, PAYMENT BOND
5. PERFORMAISIGE BOND
6. CERTIFICATE OF INSURANCE
7. CONTRACT
8. GENERAL CONDITIONS OF THE AGREEMENT
9. CURRENT WAGE DETERMINATIONS
10. SPECIFICATIONS
No Text
NOTICE TO BIDDERS
BID #00-176
Sealed bids addressed to Victor Kilman, Purchasing Manager, City of Lubbock, Texas, will be received in the
office of the Purchasing Manager, Municipal Building, 1625 13th Street, Room L-04, Lubbock, Texas, 79401, until 2:00
o'clock p.m. on the 25th day of July, 2000, 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:
"MARTIN LUTHER KING JR. BLVD. DRAINAGE IMPROVEMENTS"
After the expiration of the time and date above first written, said sealed bids will be opened in the office of the
Purchasing Manager and publicly read aloud.
It is the sole responsibility of the bidder to insure that his bid is actually in the office of the Purchasing Manager for
the City of Lubbock, prior to the expiration of the date above first written.
The City of Lubbock will consider the bids on the 24th day of August, 2000, 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
f and waive any formalities. The successful bidder will be required to furnish a performance bond in accordance with
I _ , 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 is.sied 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 10 days after notice of
award of the contract to him.
It shall be each bidders sole responsibility to inspect the site of the work and to inform himself regarding all local
conditions under which the work is to be done. It shall be understood and agreed that all such factors have been
_ . thoroughly investigated and considered in the preparation of the bid submitted. There will be a pre -bid conference on 13th
day of July, 2000 at 9:00 o'clock a.m., in the Purchasing Conference Room L04, Lubbock, Texas
Attention of each bidder is particularly called to the schedule of general prevailing rate of per diem wages included
in the contract documents on file in the office of the Purchasing Manager of the City of Lubbock, which document is
specifically referred to in this notice to bidders. Each bidder's attention is further directed to provision of Article 5159a,
Vernon's 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 Human Relations Office at (806) 775-
2281 at least 48 hours in advance of the meeting.
CITY OF LUBBOCK
0 Le..tn/Z----
VICTOR KILMAN
PURCHASING MANAGER
Bid documents may be obtained upon request from the Purchasing Department at 1625 13th Street,
Room L-04, Lubbock, Texas 79401; Telephone (806) 775-2167/Fax (806) 775-2164.
GENERAL INSTRUCTIONS TO BIDDERS
GENERAL INSTRUCTIONS TO BIDDERS
1. SCOPE OF WORK
The contractor shall furnish all labor, superintendence, machinery, equipment and all materials necessary to
complete this project in accordance with contract documents for the MARTIN LUTHER KING JR. BLVD.
DRAINAGE IMPROVEMENTS.
2. CONTRACT DOCUMENTS
All work covered by this contract shall be done in accordance with contract documents described in the General
Conditions.
All bidders shall be thoroughly familiar with all of the requirements set forth on the contract documents for the
construction of this project and shall be responsible for the satisfactory completion of all work contemplated by
said contract documents.
3. PLANS FOR USE BY BIDDERS
It is the intent of the City of Lubbock that all parties with an interest in submitting a bid on the project covered by
the contract documents be given a reasonable opportunity to examine the documents and prepare a bid without
charge of forfeiture of deposit. The contract documents, may be examined without charge as noted in the Notice
to Bidders.
4. BIDDER INQUIRIES
No bidder shall request any information verbally. All written requests for additional information or clarification
concerning this bid must be addressed to:
LAURA RITCHIE
SENIOR BUYER
CITY OF LUBBOCK
P.O. BOX 2000
LUBBOCK, TX 79457
FAX (806) 775-2164
Email: LRitchie@mail.ci.lubbock.tx.us
5. TIME AND ORDER FOR COMPLETION
The construction covered by the contract documents shall be fully completed within TWENTY (20) WORKING
DAYS from the date specified in the Notice to Proceed issued by the City of Lubbock to the successful bidder.
The Contractor will be permitted to prosecute the work in the order of his own choosing, provided, however, the
City reserves the right to require the Contractor to submit a progress schedule of the work contemplated by the
contract documents. In the event the City requires a progress schedule to be submitted, and it is determined by
the City that the progress of the work is not in accordance with the progress schedule so submitted, the City may
direct the Contractor to take such action as the City deems necessary to insure completion of the project within the
time specified.
6. PAYMENT
All payments due to Contractor shall be made in accordance with the provisions of the General Conditions of the
contract documents.
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7. 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 F
Contractor has been notified.
8. 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.
9. GUARANTEES
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).
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 the year 2000 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.
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.
The warranties contained herein are separate and discrete from any other warranties specified in this Contract,
and are not subject to any disclaimer of warranty, implied or expressed, or limitation to the Contractor's liability
which may be specified in this Contract, its appendices, its schedules, its annexes or any document incorporated
in this Contract by reference.
10. 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.
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11. 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.
12. TEXAS STATE SALES TAX
This contract is issued by an organization which qualifies for exemption provisions pursuant to provisions of Article
20.04 of the Texas Limited Sales, Excise and Use Tax Act.
The Contractor must obtain a limited sales, excise and use tax permit which shall enable him to buy the materials
to be incorporated into the work without paying the tax at the time of purchase.
13. PROTECTION OF SUBSURFACE LINES AND STRUCTURES
It shall be the Contractor's responsibility to prosecute the work contemplated by the contract documents in such a
way as to exercise due care to locate and prevent damage to all underground pipelines, utility lines, conduits or
other underground structures which might or could be damaged by Contractor during the construction of the
project contemplated by these contract documents. The City of Lubbock agrees that it will furnish Contractor the
location of all such underground lines and utilities of which it has knowledge. However, such fact shall not relieve
the Contractor of his responsibilities aforementioned. All such underground lines or structures cut or damaged by
Contractor during the prosecution of the work contemplated by this contract shall be repaired immediately by
Contractor to the satisfaction of the City of Lubbock, Texas, at Contractor's expense.
14. BARRICADES AND SAFETY MEASURES
The contractor shall, at his own expense, furnish and erect such barricades, fences, lights and danger signals, and
shall take such other precautionary measures for the protection of persons, property and the work as may be
necessary. The Contractor will be held responsible for all damage to the work due to failure of barricades, signs,
and lights to protect it, and when damage is incurred, the damaged portion shall be immediately removed and
replaced by Contractor at his own cost and expense. The Contractor's responsibility for maintenance of
barricades, signs, and lights shall not cease until the date of issuance to Contractor of City's certificate of
acceptance of the project.
15. EXPLOSIVES
The use of explosives will not be permitted unless written permission to do so is obtained by the Contractor from
the City. In all cases where written permission is obtained for the use of explosives, the Contractor shall assume
full responsibility for all damage which may occur as a direct or indirect result of the blasting. In addition, in all
cases where explosives are authorized to be used, the Contractor shall use utmost care so as not to endanger life
or property and the Contractor shall further use only such methods as are currently utilized by persons, firms, or
corporations engaged in similar type of construction activity.
Explosive materials shall not be stored or kept at the construction site by the Contractor.
In all cases where explosives are to be used during the construction of the project contemplated by this contract, it
shall be the duty of the Contractor to notify each utility company having structures (above or below the ground) in
proximity to the site of the work of Contractor's intention to use explosives, and such notice shall be given
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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.
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.
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) 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 coverage's shall be submitted prior to contract execution.
The insurance certificates furnished shall name the City as an additional insured, 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 contractors responsibility to provide to the owner all proof
of coverage insurance documents including workers compensation coverage for each subcontractor.
18. LABOR AND WORKING HOURS
Attention of each bidder is particularly called to the schedule of general prevailing rate of per diem wages included
in these contract documents. The wage rate which 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:
(1) The project being constructed is essential to the City of Lubbock's ability to provide the necessary service
to its citizens.
(2) Delays in construction are due to factors outside the control of the Contractor. The Contractor is
approaching the penalty provisions of the contract and Contractor can show he has made a diligent effort
to complete the contract within the allotted time.
Before construction work requiring an inspector is to be performed on weekends or holidays, the Contractor must
notify the Owner's Representative not less than three full working days prior to the weekend or holiday he desires
to do work and obtain written permission from the Owner's Representative to do such work. The final decision on
whether to allow construction work requiring an inspector on weekends or holidays will be made by the Owner's
Representative.
In any event, if a condition should occur or arise at the site of this project or from the work being done under this
contract which is hazardous or dangerous to property or life, the Contractor shall immediately commence work,
regardless of the day of the week or the time of day, to correct or alleviate such condition so that it is no longer
dangerous to property or life.
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19.
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22.
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.
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.
PREPARATION FOR BID
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. 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.
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:
(a) Bidder's name
(b) Bid for (description of the project).
Bid submittals may be withdrawn and resubmitted at any time prior to the time set for opening of the bids, but no
bid may be withdrawn or altered thereafter.
BOUND COPY OF CONTRACT DOCUMENTS
Bidder understands and agrees that the contract to be executed by bidder shall be bound and include the
following:
Notice to Bidders.
General Instructions to Bidders.
Bidder's Submittal.
Statutory Bond (if required).
Contract Agreement.
General Conditions.
Special Conditions (if any).
(h) Specifications.
(i) Insurance Certificates.
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.
23. 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 in regard to 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 City of
Lubbock reserves the right to reject any bid 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:
1. The ability, capacity, skill, and financial resources to perform the work or provide the service required.
2. The ability of the bidder to perform the work or provide the service promptly or within the time specified,
without delay or interference.
3. The character, integrity, reputation, judgment, experience, and efficiency of the bidder.
4. The quality of performance of previous contracts or services.
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BID SUBMITTAL
BID SUBMITTAL
UNIT PRICE BID CONTRACT
DATE: 1 -7h- 00
PROJECT NUMBER: #00-176 - MARTIN LUTHER KING JR. BLVD. DRAINAGE IMPROVEMENTS
f-,
Bid of LO&C Sroa- Dt L-r a� � na t���n�►�,� N � (hereinafter called Bidder)
To the 1 ionorable Mayor and City Council City of Lubbock, Texas (hereinafter called Owner)
Gentlemen:
The Bidder, in compliance with your invitation for bids for the construction of MARTIN LUTHER KING JR. BLVD.
DRAINAGE IMPROVEMENTS
having carefully examined the plans, specifications, instructions to bidders, notice to bidders and all other related contract
documents and the site of the intended work, and being familiar with all of the conditions surrounding the construction of
the intended project including the availability of materials and labor, hereby intends to furnish all labor, materials, and
supplies; and to construct the project in accordance with the plans, specifications and contract documents, within the time
set forth therein and at the price stated in "Exhibit A."
The bidder binds himself on acceptance of his bid to execute a contract and any required bonds, according to the
accompanying forms, for performing and completing the said work within the time stated and for the prices stated in
"Exhibit A" of this bid.
Bidder hereby agrees to commence the work on the above project on or before a date to be specified in a written
"Notice to Proceed" of the Owner and to fully complete the project within 20 (TWENTY) 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 $500.00 (FIVE HUNDRED DOLLARS) for each consecutive calendar day in excess of the time set
forth herFin above for completion of this project, all as more fully set forth in the general conditions of the contract
documents.
Bidder understands and agrees that this bid submittal shall be completed and submitted in accordance with
instruction number 21 of the General Instructions to Bidders.
Bidder understands that the Owner reserves the right to reject any or all bids and to waive any formality in the
bidding.
The Bidder agrees that this bid shall be good and may not be withdrawn for a period of thirty (30) calendar days
after the scheduled closing time for receiving bids.
The undersigned Bidder hereby declares that he has visited the site of the work and has carefully examined the
plans, specifications and contract documents pertaining to the work covered by this bid, and he further agrees to
commence work on or before the date specified in the written notice to proceed, and to substantially complete the work on
which he has bid; as provided in the contract documents.
Bidders are required, whether or not a payment or performance bond is required, to submit a cashier's check or
certified check issued by a bank satisfactory to the City of Lubbock, or a bid bond from a reliable surety company, payable
without recourse to the order of the City of Lubbock in an amount not less than five percent (5%) of the total amount of the
bid submitted as a guarantee that bidder will enter into a contract, obtain all required insurance policies, and execute all
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necessary bonds (if required) within (ten) 10 days after notice of award of the contract to him.
Enclosed with this bid is a Cashier's Check or Certified Check for
Dollars ($ ) or a Bid Bond in the sum of 5 B10 e-f tviab i3 , Dollars
($ ), which it is agreed shall be collected and retained by the Owner as liquidated damages in the
event the bid is accepted by the Owner and the undersigned fails to execute the necessary contract documents,
insurance certificates, and the required bond (if any) with the Owner within ten (10) days after the date of receipt
of written notification of acceptance of said bid; otherwise, said check or bond shall be returned to the
undersigned upon demand.
Bidder understands and agrees that the contract to be executed by Bidder shall be bound and include all contract
documents made available to him for his inspection in accordance with the Notice to Bidders.
Pursuant to Texas Local Government Code 252.043(a), a
competitive sealed bid that has been opened may not be
changed for the purpose of correcting an error in the bid
price. Therefore, any corrections to the bid price must
be made on the Bid Submittal form prior to bid opening.
(Seal if Bidder is a Corporation)
ATTEST:
Secretary
Bidder acknowledges receipt of the following addenda:
Addenda No.
Date
Addenda No.
Date
Addenda No.
Date
Addenda No.
Date
Authori ed Sign re
(Printed or y ed Name)
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Fax: o(, - Z4s - qo14
M/WBE Firm: Woman I I Black American I I Native American
I Hispanic American I I Asian Pacific American I I Other (Snecifvl
EXHIBIT "A"
MARTIN LUTHER KING, JR. BLVD.
DRAINAGE IMPROVEMENTS
ESTIMATED TOTAL
ITEM QUANTITIES UNIT AMOUNT
NO. AND UNITS ITEM DESCRIPTION PRICE BID
1. 800 Eight inch (8") reinforced City of Lubbock Class
Sq. Ft. "C" concrete pavement, including all reinforcing,
including all necessary subgrade and earthwork
preparation, installed complete per sq. ft.
y SERVICES: ' Wo Ao t loR s ce n b5
MATERIALS: 4W,, d, llort.s Eti�}h ce„ins --
TOTAL: -1'ue 4 llot-s q
2. 90 Sawing of construction and contraction joints in
Lin. Ft. eight inch (8") reinforced concrete pavement to
include sealing joints with W. R. Meadows "Sof-
' Seal' or engineer approved equivalent, complete per
lin. ft.
SERVICES: owe Dot,!ow 4wen� +.e*#%Is
MATERIALS:
TOTAL: Lwo do worts N^ s
3. 2,000 One and one-half inch (l%z") hot mix asphaltic
Sq. Yds. concrete surface, type "D", with three percent (31/o)
latex polymer (SBR) and one percent (1%) hydrated
lime, including emulsion, complete per sq. yd.
SERVICES: +4,rea
ego bows
c.4,44s
MATERIALS: tkre a
c1g I lets
4wcn l:J
TOTAL: s if
06 I loss
($ Ztwo 00 )
($ 2 1! ) )
($ 5 \0o ) ($ `0oo< )
($ I.z6 ) ($ 112.50 )
($ Z 5 0 ) ($ 225\ee )
($ 3. 2,5 )
($ 6500 `°' )
($ 13, coo �o )
Martin Luther King, Jr. Blvd. Drainage Improvements
Page 2
4. 2,300 Nine inch (9") asphalt stabilized base course,
Sq. Yds. including all necessary earthwork and subgrade
preparation, including tack coat and prime coat,
complete per sq. yd.
SERVICES: wsl✓t n�olto,tS
�wenl.,+ivt CenrS
($ �2.Z5 )
($ B,ti5��
MATERIALS:
do 1 LoR-s � �wew �- -Cwe een �
($ 12.25 )
($ Z?-,I 75f)
TOTAL: {went!
Z"'L Jotto#Ls ti -��t t .,is
($ 24.5 0 )
($56.35o��)
5. 15 Asphalt pavement surface repair to consist of hot
Sq. Yds. mix concrete surface removal and one and one-half
inch (1%z") hot mix asphaltic concrete surface, type
"D", with three percent (31/o) latex polymer (SBR)
and one percent (1%) hydrated lime, including tack
coat, prime coat and emulsion, complete per sq. yd.
SERVICES: Eo t l oag i �' ° t w ($ l o) ($
MATERIALS: Joe^ boas a ltoo ($ to ) ($ 150 )
TOTAL: �wc,1;., c�e �oas "° t oo ($ ZO�) ($ 300 )
6. 2,600 Ditch regrading, including all labor, materials,
Lin. Ft. equipment and all necessary earthwork and
subgrade preparation, complete per lin. ft.
SERVICES:
p,ve VoLt�*A- i A— ee&4
MATERIALS:
0,v{ ool.Lu� Kto Con15
($ lei )
($ Zbor`�)
�. TOTAL:
�wo d o ilo" 4 101100
($ Z)
($ SZ oc " )
7. 950
Unpaved street regrading, including all labor,
Sq. Yds.
materials, equipment and all necessary earthwork
and grade preparation, complete per sq. yd.
-' SERVICES:
owe d%ILo
c$
56
MATERIALS:
o.re A lloA. f ` h, 6
($ l )
($ 966 °o )
TOTAL:
do(lo46 4 001190
($ Z�G� )
($ 000�� )
Martin Luther King, Jr. Blvd. Drainage Improvements
Page 3
g_ TOTALSERVICES„4„� b�usallo -,«� IJ�„e4�ao E�or►T9 �eaen o�tic�s`��l/o•—($ 4e�,487.So)
TOTAL MATERIALS .�o,, r ti�oyse„o 4ou.a. Ilw..de�o 6it6MT`t seven .��1� s ��� ($ `ifl�487,50)
TOTAL BID(Items I through
7) uuu,soa o
($ 80��`i5� )
AUTHORIZED SIGNATURE
DATE:_ "! - Z 5 - o t� , 2000
\\
LIST OF SUBCONTRACTORS
Minority Owned
Yes No
2.
0 0
3.
0 0
4,
0 0
5.
0 0
z. 6.
0 0
/: 7.
0 0
8.
0 0
9.
0 0
10.
0 0
CITY OF LUBBOCK
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) 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.
Contract (Signature)
Wescey i"S'f-s
Contractor (Print)
CONTRACTOR'S NAME: L-0116 SNAP. D(0.T PAv n�
(Print or Type )
CONTRACTOR'S ADDRESS: 11 g2.p U n;,,ers ,4 y A rs
LKeaoc.,c Te*,4s 7S'{213
Name of Agent/Broker: 5ANFOL9 TV%S'.' ANC61 t'GeNCN C! 5+«t 0,,0Qns)
Address of Agent/Broker: (0303 -Vrn,AmA A,-
City/State/Zip:
Tsxas -)y44/
Agent/Broker Telephone Number: (gob ) ?kz- 5S 4 91
Date: ?-L5- oo
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 Purchasing Manager for the City of Lubbock at (806) 775-2165.
BID #00-176 - MARTIN LUTHER KING JR. BLVD. DRAINAGE IMPROVEMENTS
4
Un
UNITED FIRE & CASUALTY COMPANY
CEDAR RAPIDS, IOWA
BID BOND
Approved by The American Institute of Architects, A IA Document No. A 310 February 1970 Edition
KNow ALL MEN By THESE PRESENTS, that we LONE STAR DIRT & PAVING CONTRACTING
as Principal, hereinafter called the Principal,
and the UNITED FIRE & CASUALTY COMPANY, a corporation duly organized under the laws of the State of IOWA,
as Surety, hereinafter called the Surety, are held and firmly bound unto CITY OF LUBBOCK
as Obligee, hereinafter called the Obligee,
in the sum of
FIVE PERCENT OF THE GREATEST AMOUNT BID ----------------- ------Dollars
($---------- 5 %------------- ), for the payment of which sum well and truly to be made, the said principal and the
said Surety, bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these
presents.
WHEREAS, the Principal has submitted a bid for BID # 0 0 —17 6
MARTIN LUTHER KING, JR. BLVD. DRAINAGE IMPROVEMENTS
Now, THEREFORE, if the Obligee shall accept the bid of the Principal and the Principal shall enter into a contract with the
Obligee in accordance with the terms of such bid, and give such bond or bonds as may be specified in the bidding or contract
documents with good and sufficient surety for the faithful performance of such contract and for the prompt payment of labor
and material furnished in the prosecution thereof, or in the event of the failure of the Principal to enter such contract and
give such bond or bonds, if the Principal shall pay to the Obligee the difference not to exceed the penalty hereof between
the amount specified in said bid and such larger amount for which the Obligee may in good faith contract with another party
to perform the work covered by said bid, then this obligation shall be null and void, otherwise to remain in full force and
effect.
Si ed and sealed this 2 5 TH day of
LONE
JULY
A. D.192000
STAR DIRT & PAVING CONTRACTIN eal)
I (PRINCIPAL.)
(WnNESS) 660
WESL Y SANDERS (T n-E)
UNITED FIRE & CASUALTY COMPANY (Seal)
(Sul.-W
�_ EDEE- • —
No Text
PAYMENT BOND
BOND NO. 54-114295
STATUTORY PAYMENT BOND PURSUANT TO SECTION 2253.021(a)
OF THE TEXAS GOVERNMENT CODE
(CONTRACTS MORE THAN $25,000)
LONE STAR DIRT & PAVING CONTRACTING
KNOW ALL MEN BY THESE PRESENTS, that (hereinafter called the Principal(s), as
Principal(s), and
UNITED FIRE & CASUALTY COMPANY
(hereinafter called the SureM(�H�Sy�% (� RWW eW fi o $unto the City of Lubbock (hereinafter called the
Obligee), in the amount of q T��T.Tmv_F VE ANLLi)d(1 1 �---Dollars ($ 8 0 , 9 7 5. 0 0 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 the2 4TH day of
AUGUST ,2000 ,to BID #00-176 — MARTIN LUTHER KING JR. BLVD. DRAINAGE
IMPROVEMENTS
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 copies at length herein.
NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the said Principal shall pay all
claimants supplying labor and material to him or a subcontractor in the prosecution of the work provided for in said
contract, then, this obligation shall be void; otherwise to remain in full force and effect;
PROVIDED, HOWEVER, that this bond is executed pursuant to the provisions of Section 2253.021(a) of the
Texas Government Code, and all liabilities on this bond shall be determined in accordance with the provisions of said
Article to the same extent as if it were copied at length herein.
IN WITNESS WHEREOF, the said Principal (s) and Surety (s) have signed and sealed this instrument this
28TH day of AUGUST 20 00 .
LONE STAR DIRT & PAVING
UNITED FIRE & CASUALTY COMPANY CONTRACTING
Surety (Company Name
*By: "LAA=
(Title) DEEDEE BRINKER
ATTORNEY —IN —FACT
By: x
(Printed N e) WESLEY SANDERS,
PARTNER
(Signature)
(Title)
The undersigned surety company represents that it is duly qualified to do business in Texas, and hereby
designates DEEDEE BRINKER an agent resident in Lubbock County to whom any requisite notices may be delivered
and on whom service of process may be had in matters arising out of such suretyship.
UNITED FIRE & CASUALTY COMPANY
Surety
* By:
(Title) DEEDEE BRINKER
ATTORNEY —IN —FACT
Approved as to form:
City of Lubbock
City Attorney
" Note: If signed by an officer of the Surety Company there must be on file a certified extract from the by-laws showing
that this person has authority to sign such obligation. If signed by an Attorney in Fact, we must have copy of power of
attorney for our files.
2
UNITED: FIRE:'& Cj
HOME OFFICE - C
CERTIFIED COPY OF
(Original on file at Home;`Offic(
\SUALTY COMPANY
MAR RAPIDS, IOWA
POWEROF ATTORNEY
of_CompanY - See Certification)
8802 URB1'NA LUBBOCK TX 79424
true and >lawful Attorney(s)-in-Fact with power and authority hereb
iful' bonds, undertakings and other obligatory instruments of similar nati
conferred, to sign, seal and execute in its behalf all
r as follows: ANY AND ALL BONDS
dnu to oinu uim i cu FIRE rY CASUAL 1 Y GUMPANY thereby as fully and to the same extent as if such instruments were Signed by
the duly authorized officers of UNITED FIFE &" CASUALTY COMPANY and all the acts' of said Attorney, pursuant to the authority
hereby given are hereby ratified and confirmed.
The Authority hereby granted shall expire MARCH 2 n d 2 0 d 2 unless sooner revoked.
This power of Attorney is made and executed pursuant to and by authority of the following By -Law duly adopted by the
Board of Directors.:of the_Company on April 18, '1973. ,
"Article V - Surety Bonds and Undertakings."
Section 2, Appointment of Attorney -in -Fact. "The President or any Vice President, or any other officer of the Company; may, from time to time, appoint
by written certificates attorneys -In -fact to act In behalf of the Company In the execution of policies of Insurance. bonds, undertakings and other
obligatory Instruments of like nature. The signature of any officer authorized hereby, and the Corporate seal, may be affixed by facsimile to any
powerof attorney or special power of attorney or certification of either authorized hereby; such signature and seal, when so used, being adopted by the
Company as the original signature of such officer and the original seal of the Company, to be valid and binding upon the Company with the same force
and effect as though manually affixed. Such attorneys -in -fact, subject to the limitations set forth in their respective certificates of authority shall have
full power to bind the Company by their signature and execution of any such instruments and to attach the seal of the Company thereto. The President
or any Vice President, the Board of Directors or any other officer of the Company may at any time revoke all power and authority previously given to
any attomey-in-faot.
IN WITNESS WHEREOF, the UNITED FIRE & CASUALTY COMPANY has caused these presents
mbNq, to be signed by its assistant vice president and its corporate seal to be hereto affixed this
Ir
a
I, the undersij
copy of the F
Power of Attorney, with the ORIGINALS ON FILE IN THE HOME OFFICE OF SAID COMPANY, and that the same are correct
thereof, and of the whole of the said originals, and that, the said Power of Attorney _ has not _been revoked and
force and effect
u►nry,� In testimony whereof I have hereunto subcribed my name and affixed a corporate seal of the said
Company this. 2 8 TH' day of AUGUST 20 0 0
ItATE
AL.�
l So
�tary
CERTIFICATE OF INSURANCE
No Text
ACORDn CERTIFICATE OF LIABILITY INSURANCEREVIS Q09 E(MWD 00
PRODUCER (806) 792-5564 FAX (806) 792-9344 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
Sanford Insurance Agency
6303 Indiana
P.O. Box 64790
Lubbock, TX 79464
INSURED Lone Star Dirt & Paving
Preston & Wesley Sanders dba
11820 S. University
Lubbock, TX 79423
COVERAGES
ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
INSURERS AFFORDING COVERAGE
INSURER A: Commercial Union Lloyd's of TX
INSURER B: American Central Insur Co
INSURERC: Commercial Union Insur Co
INSURER D: TEXAS WORKERS COMPENSATION
INSURER E:
THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING
ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR
MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH
POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
INTRR
TYPE OF INSURANCE
POLICY NUMBERDIM
POLICY EFFECTIVE
POLICY EXPIRATION
LIMITS
A
GENERAL LABILITY
X COMMERCIAL GENERAL LABILITY
CLAIMS MADE a OCCUR
GRR516803
04/06/2000
04/06/2001
EACH OCCURRENCE
$ 1,000,00
FIRE DAMAGE (Any one fire)
$ 100,00
MED EXP (Any one person)
$ 5,00
PERSONAL & ADV INJURY
_
$ 1,000,00
GENERAL AGGREGATE
$ 2,000,00
GEN'L AGGREGATE LIMIT APPLIES PER:
POLICY JET LOC
PRODUCTS - COMP/OP AGG
$ 2 , 000 , 00
AUTOMOBILE LABILITY
X ANY AUTO
MRAK79183 B
04/06/2000
04/06/2001
COMBINED SINGLE LIMIT
(Ea accident)
$
1,000,00
ALL OWNED AUTOS
B
SCHEDULED AUTOS
BODILY INJURY
(Per person)
$
HIRED AUTOS
NON -OWNED AUTOS
BODILY INJURY
(Per accident)
$
PROPERTY DAMAGE
(Per accident)
$
GARAGE LIABILITY
AUTO ONLY - EA ACCIDENT
$
ANY AUTO
OTHER THAN EA ACC
AUTO ONLY: AGG
$
$
EXCESS LABILITY
OCCUR Q CLAIMS MADE
CRDW42171
04/06/2000
04/06/2001
EACH OCCURRENCE
$ 1,000,00
AGGREGATE
$
DEDUCTIBLE
$
RETENTION $
$
WORKERS COMPENSATION AND
EMPLOYERS LIABILITY
SF-0001080706
08/10/1999
08/10/2000
1 TORY LIMITSI I ER
E.L EACH ACCIDENT
_
$ 500,00
D
EL DISEASE - EA EMPLOYEE
_
$ S00,00
E.L._T DISEASE - POLICY LIMIT
$ 500,00
OTHER
.y ••; ••..• ..•..r,.v.�..nv,.w.cnn.�cwcna,�wwn�iavv of CrvUUKSCMCNIISY DIAL YKOVI51UN5
ertificate older is named as additions insured on t e auto and general liability with waiver of
ubrogation on the auto, general liability, and work comp.
e: Martin Luther King Jr. Blvd paving improvements
CERTIFICATE HOLDER
City of Lubbock
Attn: Purchasing
PO Box 2000
Lubbock, TX 79457
ADDITIONAL INSURED; INSURER LETTER CANCELLATION
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE
EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL
10 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,
BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY
OF ANY KIND UPON THE COMPANY, ITS AGENTS OR RFrPtZESENTATIVES.
AUTHORIZED REPRESENTAT s� n
i � �:.� � �...�,�
6
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.
No Text
CERTIFICATE OF
LIABILITY INSURANCE
,ACQRD,r
02/03/2o 0
PRODUCER (806) 792- 5 564 FAX (806) 792-9344
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
Sanford Insurance Agency
6303 Indiana
ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
P.O. Box 64790
Lubbock, TX 79464
INSURERS AFFORDING COVERAGE
INSURED CITY OF LUBBOCK
INSURER A: COMMERCIAL UNION INS.
C/O LONE STAR DIRT & PAVING
INSURER B:
11820 S. UNIVERSITY
INSURERC:
LUBBOCK, TEXAS 79423
INSURER D:
INSURER E.-
COVERAGES
THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING
ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR
MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH
POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
ILTR NSR
TYPE OF INSURANCE
POLICY NUMBER
POLICY EFFECTIVE
POLICYDATE IMM1DDfYY1
LIMITS
GENERAL LIABILITY
TBD
09/01/2000
09/01/2001
EACH OCCURRENCE
$ 1,000,00
COMMERCIAL GENERAL LIABILITY
CLAIMS MADE OCCUR
$
$
FIRE DAMAGE (Any one fire)
MED EXP (Any one pennon)
A
X Owner & Contr. Pro
$
PERSONAL BADVINJURY
GENERAL AGGREGATE
$ 2,000,00
GEN'L AGGREGATE LIMIT APPLIES PER:
POLICY PRO- LOC
PRODUCTS - COMP/OP AGG
$
AUTOMOBILE LIABILITY
ANY AUTO
COMBINED SINGLE LIMIT
(Ea accident)
$
ALL OWNED AUTOS
SCHEDULED AUTOS
$
BODILY INJURY
(Per person)
HIRED AUTOS
NON -OWNED AUTOS
$
BODILY INJURY
(Per accident)
PROPERTY DAMAGE
(Per accident)
$
GARAGE LIABILITY
7 ANY AUTO
EXCESS LIABILITY
OCCUR CLAIMS MADE
DEDUCTIBLE
RETENTION $
WORKERS COMPENSATION AND
EMPLOYERS' LIABILITY
OTHER
ITION OF OPERATKtNSILOCATIONS/YEHICLESIEXPLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS
n Luther King Jr. Blvd Paving Contract
CERTIFICATE HOLDER ' ADDITIONAL INSURED; INSURER LETTER CANCELLATION
City of Lubbock
ATTN: Alicia Gregg -Purchasing
PO Box 2000
Lubbock, TX 79457
AUTO ONLY - EA ACCIDENT $
OTHER THAN EA ACC $
AUTO ONLY: AGG $
EACH OCCURRENCE $
AGGREGATE $
i
i
$
E.L. EACH ACCIDENT I $
E.L. DISEASE - EA EMPLOYE4 $
E.L. DISEASE - POLICY LIMIT 1 $
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE
EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL
10 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,
BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY
OF ANY KIND UPON THE COMPAkY, ITS AGENTS O REPR TATIVES.
AUTHORIZED REPRESENTATIVE jMj
Douglas Sanford
w
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.
C
a
CERTIFICATE OF INSURANCE
TO: CITY OF LUBBOCK DATE:
P.O. BOX 2000
LUBBOCK, TX 79457 TYPE OF PROJECT:
THIS !S T O CERTIFY THAT (Name and Address of Insured) is, at
the date of this certificate, insured by this Company with respect to the business operations hereinafter described, for the
typed of insurance and in accordance with the provisions of the standard policies used by this company, the further
hereinafter described. Exceptions to standard policy noted hereon.
I
E
TYPE OF INSURANCE
POLICY NUMBER
EFFECTIVE
EFFECTIVE
LIMITS
DATE
DATE
GENERAL LIABILITY
❑ Commercial General Liability
General Aggregate $
11 Claims Made
❑ Occurrence
Products-Comp/Op AGG $
Personal & Adv. Injury $
Owner's & Contractors Protectiv
Each Occurrence $
Fire Damage (Any one Fire)
Med Exp (Any one Person)
$
AUTOMOTIVE LIABILITY
0 Any Auto
Combined Single Limit $
r All Owned Autos
Bodily Injury (Per Person) $
❑ Scheduled Autos
Bodily Injury (Per Accident)
u Hired Autos
Property Damage $
❑ Non -Owned Autos
GARAGE LIABILITY
0 Any Auto
Auto Only - Each Accident $
Other than Auto Only:
Each Accident $
Aggregate $
BUILDER'S RISK
0 100% of the Total Contract Price
$
El INSTALLATION FLOATER
$
EXCESS LIABILITY
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:
CONTRACTOR CHECKLIST
A CONTRACTOR SHALL:
(1) provide coverage for its employees providing services on a project, for the duration of the project based on
proper reporting of classification codes and payroll amounts and filling of any coverage agreements;
(2) provide a certificate of coverage showing workers' compensation coverage to the governmental entity
prior to beginning work on the project;
(3) provide the governmental entity, prior to the end of the coverage period, a new certificate of coverage
showing extension of coverage, if the coverage period shown on the contractor's current certificate of
coverage ends during the duration of the project;
(4) obtain from each person providing services on a project, and provide to the governmental entity:
(A) a certificate of coverage, prior to that person beginning work on the project, so the governmental
entity will have on file certificates of coverage showing coverage for all persons providing
services on the project; and
(B) no later than seven days after receipt by the contractor, a new certificate of coverage showing
extension of coverage, if the coverage period shown on the current certificate of coverage ends
during the duration of the project;
(5) retain all required certificates of coverage on file for the duration of the project and for one year thereafter;
(6) notify the governmental entity in writing by certified mail or personal delivery, within ten (10) days after the
contractor knew or should have known, of any change that materially affects the provision of coverage of
any person providing services on the project;
(7) post a notice on each project site informing all persons providing services on the project that they are
required to be covered, and stating how a person may verify current coverage and report failure to provide
coverage. This notice does not satisfy other posting requirements imposed by the Act or other
commission rules. This notice must be printed in at least 19 point normal type, and shall be in both
English and Spanish and any other language common to the worker population. The text for the notices
shall be the following text provided by the commission on the sample notice, without any additional words
or changes:
' 2
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
i 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.
CONTRACT
I:•Z•P►:::7_T•
STATE OF TEXAS
COUNTY OF LUBBOCK
THIS AGREEMENT, made and entered into this 24th day of August, 2000 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 Lone Star Dirt & Paving Contracting 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 #00-176 - MARTIN LUTHER KING JR. BLVD. DRAINAGE IMPROVEMENTS - $80,975.00
and all extra work in connection therewith, under the terms as stated in the contract documents and at his (or their) own
proper cost and expense to furnish all materials, supplies, machinery, equipment, tools, superintendence, labor, insurance
and other accessories and services necessary to complete the said construction in accordance with the contract
documents as defined in the General Condition of Agreement.
The CONTRACTOR hereby agrees to commence work within ten days after the date written notice to do so shall have
been given to him and to substantially complete same within the time specified in the contract documents.
The OWNER agrees to pay the CONTRACTOR in current funds for the performance of the contract in accordance with
the bid submitted therefore, subject to additions and deductions, as provided in the contract documents and to make
j 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.
APPROVED AS TO FORM:
City Attorney
ATTEST:
Corporate Secretary
CONTRACTOR:
By:
PRINTED NAME: 14%sICIY -5AIIa4f,
TITLE: &O
COMPLETE ADDRESS:
LONE STAR DIRT & PAVING CONTRACTING
11820 UNIVERSITY AVE.
LUBBOCK, TEXAS 79423
GENERAL CONDITIONS OF THE AGREEMENT
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 LONE STAR DIRT &PAVING CONTRACTING 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 LARRY HERTEL 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 Certificate, 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".
5. INTERPRETATION OF PHRASES
Whenever the words "Directed," "Permitted," "Designated," "Required," "Considered Necessary," "Prescribed," or
words of like import are used, it shall be understood that the direction, requirement, permission, order, designation
or prescription of the Owner's Representative is intended; and similarly, the words "Approved," "Acceptable,"
"Satisfactory," or words of like import shall mean approved by or acceptable or satisfactory to the Owner's
Representative.
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.
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12.
13.
CONTRACTOR'S RESPONSIBILITIES
Unless otherwise stipulated, the Contractor shall provide and pay for all materials, supplies, machinery,
equipment, tools, superintendence, labor, insurance, and all water, light, power, fuel, transportation and all other
facilities necessary for the execution and completion of the work covered by the contract documents. Unless
otherwise specified, all materials shall be new and both workmanship and materials shall be of a good quality.
The Contractor shall, if required, furnish satisfactory evidence as to the kind and quality of materials. Materials or
work described in words which so applied have well known, technical or trade meaning shall be held to refer such
recognized standards.
All work shall be done and all materials furnished in strict conformity with the contract documents.
SUBSTANTIALLY COMPLETED
The term "Substantially Completed" is meant that the structure or project contemplated by the contract documents
has been made suitable for use or occupancy or the facility is in a condition to serve its intended purpose, but still
may require minor miscellaneous work and adjustment.
LAYOUT
Except as specifically provided herein, the Contractor shall be responsible for laying out all work and shall
accomplish this work in a 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.
KEEPING OF PLANS AND SPECIFICATIONS ACCESSIBLE
The Contractor shall be furnished copies of all Plans and Specifications without expense to Contractor and
Contractor shall keep one copy of same consistently accessible on the job site.
RIGHT OF ENTRY
The Owner's Representative may make periodic visits to the site to observe the progress or quality of the
executed work and to determine, in general, if the work is proceeding in accordance with the contract documents.
Owner's Representative will not be required to make exhaustive or continuous onsite inspections to check the
quality or quantity of the work, nor will Owner's Representative be responsible for the construction means,
methods, techniques, sequences or procedures, or the safety precautions incident thereto. Notwithstanding the
Owner's Representative's rights of entry hereunder, the Owner's Representative will not be responsible for the
Contractor's failure to perform the work in accordance with the Contract Documents.
LINES AND GRADES
All lines and grades shall be furnished by the Owner's Representative whenever Owner's Representative deems
said lines and grades are necessary for the commencement of the work contemplated by these contract
documents or the completion of the work contemplated by these contract documents. Whenever necessary,
Contractor shall suspend its work in order to permit Owner's Representative to comply with this requirement, but
such suspension will be as brief as practical and Contractor shall be allowed no extra compensation therefore.
The Contractor shall give the Owner's Representative ample notice of the time and place where lines and grades
will be needed. All stakes, marks, etc., shall be carefully preserved by the Contractor, and in case of careless
destruction or removal by Contractor, its Subcontractors, or its employees, such stakes, marks, etc., shall be
replaced by the Owner's Representative at Contractor's expense.
2
14. OWNER'S REPRESENTATIVE'S 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 insure the proper execution of the contract. The
Owner's Representative shall, in all cases, determine the amounts and quantities of the several kinds of work
which are to be paid for under the contract documents, and shall determine all questions in relation to said work
and the construction thereof, and shall, in all cases, decide every question which may arise relative to the
execution of this contract on the part of said Contractor. The decision of the Owner's Representative shall be
conclusive in the absence of written objection to same delivered to Owner's Representative within fifteen (15)
calendar days of any decision or direction by Owner's Representative. In the absence of timely written objection
by Contractor, as provided herein, any and all objection or objections shall be deemed waived.
15. SUPERINTENDENCE AND INSPECTION
It is agreed by the Contractor that the Owner's Representative shall be and is hereby authorized to appoint from
time to time such subordinate engineers, supervisors, or inspectors as the said Owner's Representative may
deem proper to inspect the materials furnished and the work done under this Agreement, and to see that said
material is furnished and said work is done in accordance with the specifications therefore. The Contractor shall
furnish all reasonable aid and assistance required by the subordinate engineers, supervisors or inspectors for the
proper inspection and examination of the work. The Contractor shall regard and obey the directions and
instructions of any subordinate engineers, supervisors or inspectors so appointed, when such directions and
instructions are consistent with the obligations of this Agreement and accompanying plans and specifications
provided, however, should the Contractor object to any orders by any subordinate engineer, supervisor or
inspector, the Contractor may within fifteen (15) calendar days make written appeal to the Owner's
Representative for its decision. In the absence of timely written objection by Contractor, as provided herein, any
and all objection or objections shall be deemed waived.
16. CONTRACTOR'S DUTY AND SUPERINTENDENCE
The Contractor shall give personal attention to the faithful prosecution and completion of this contract and shall
keep on the work, during its progress, a competent superintendent and any necessary assistants, all satisfactory
to Owner's Representative. The superintendent shall represent the Contractor in its absence and all directions
' given to superintendent shall be binding as if given to the Contractor. It is expressly agreed that adequate
supervision by competent and reasonable representatives of the Contractor is essential to the proper performance
of the work and lack of such supervision shall be grounds for suspending operations of the Contractor.
The work, from its commencement to completion, shall be under the exclusive charge and control of the
Contractor and all risk in connection therewith shall be borne by the Contractor.
The Owner or Owner's Representatives shall not be responsible for the acts or omissions of the Contractor, or any
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.
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Unless otherwise specified herein, all loss, expense or damage to Contractor arising out of the nature of the work
to be done, or from the action of the elements, or from any unforeseen circumstance and the prosecution of the
work, shall be sustained and borne by the Contractor at its own cost and expense.
CHARACTER OF WORKERS
The Contractor agrees to employ only orderly and competent workers, skillful in the performance in the type of
work required under this contract, to do the work; and agrees that whenever the Owner's Representative shall
inform Contractor in writing that any man or men on the work, are, in Owner's Representative's sole opinion,
incompetent, unfaithful, disorderly, or otherwise unacceptable to Owner or Owner's Representative, such man or
men shall be discharged from the work and shall not again be employed on the work without the Owner's
Representative's written consent.
CONSTRUCTION PLANT
in and materials necessary in the prosecution and
The Contractor shall provide all labor, tools, equipment, machinery ry p
completion of this contract where it is not otherwise specifically provided that Owner shall furnish same, and it is
also understood that Owner shall not be held responsible for the care, preservation, conservation, or protection of
any materials, tools, equipment or machinery or any part of the work until it is finally completed and accepted.
The building of structures for the housing of men or equipment will be permitted only at such places as the
Owner's Representative shall consent or direct, and the sanitary conditions of the grounds in or about such
structure shall at all times be maintained in a manner satisfactory to the Owner's Representative.
SANITATION
Necessary sanitary conveniences for the use of laborers on the work site, properly secluded from public
observation, shall be constructed and maintained by the Contractor in such manner and at such points as shall be
approved by the Owner's Representative and their use shall be strictly enforced.
OBSERVATION AND TESTING
The Owner or Owner's Representative shall have the right at all times to observe and test the work. Contractor
shall make necessary arrangements and provide proper facilities and access for such observation and testing at
any location wherever such work is in preparation or progress. Contractor shall ascertain the scope of any
observation which 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
t
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.
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.
4 t
Neither observations by the Owner or Owner's Representative, nor inspections, tests, or approvals made by
Owner, Owner's Representative, or other persons authorized under the contract documents to make such
inspections, tests, or approvals shall relieve the Contractor from its obligation to perform the work in accordance
with the requirements of the contract documents.
22. DEFECTS AND THEIR REMEDIES
It is expressly agreed that if the work or any part thereof, or any material brought on the site of the work for use in
the work or selected for the same, shall be deemed by the Owner or Owner's Representative as unsuitable or not
in conformity with plans, specifications and/or contract documents, the Contractor shall, after receipt of written
notice thereof from the Owner's Representative, forthwith remove such material and rebuild or otherwise remedy
such work so that it shall be in full accordance with the contract documents. It is further agreed that any remedial
action contemplated as hereinabove set forth shall be at Contractor's expense.
23. CHANGES AND ALTERATIONS
The Contractor further agrees that the Owner may make such changes and alterations as the Owner may see fit,
in the line, grade, form dimensions, plans or materials for the work herein contemplated, or any part thereof, either
before or after the beginning of the construction, without affecting the validity of this contract and the
accompanying bond.
If such changes or alterations diminish the quantity of the work to be done, they shall not constitute the basis for a
claim for damages, or anticipated profits on the work that may be dispensed with. If they increase the amount of
work, and the increased work can fairly be classified under the specifications, such increase shall be paid
according to the quantity actually done and at the unit price established for such work under this contract;
otherwise such additional work shall be paid for as provided under Extra Work. In case the Owner shall make
such changes or alterations as shall make useless any work already done or material already furnished or used in
said work, then the Owner shall recompense the Contractor for any material or labor so used, and for actual
expenses incurred in preparation for the work as originally planned.
24. EXTRA WORK
The term "extra work" as used in this contract shall be understood to mean and include all work that may be
required by the Owner or Owner's Representative to be done by the Contractor to accomplish any change,
alteration or addition to the work as shown on the plans and specifications or contract documents and not covered
by Contractor's 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,
I_..,'. 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
5
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 prior to the commencement
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 prior to 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.
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. f
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.
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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.
1"' 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.
The insurance certificates furnished shall name the City as an additional insured, 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 contractors responsibility to provide to the owner all proof
of coverage insurance documents including workers compensation coverage for each subcontractor.
A. General Liability Insurance
The contractor shall have Comprehensive General Liability Insurance with limits of $1,000,000.00
Combined Single Limit in the aggregate and per occurrence to include:
Premises and Operations
Explosion & Collapse Hazard
Underground Damage Hazard
Products & Completed Operations Hazard
Contractual Liability
Independent Contractors Coverage
Personal Injury
Advertising Injury
B. Owner's Protective or Contingent Public Liability Insurance and Property Damage Liability Insurance.
For bodily injuries, including accidental death and or property damage, $0.00 Combined Single Limit. This
policy shall be submitted prior to contract execution.
C. Comprehensive Automobile Liability Insurance
The Contractor shall have Comprehensive Automobile Liability Insurance with limits of not less than;
Bodily Injury/Property Damage, $1,000,000.00 Combined Single Limit,
to include all owned and nonowned cars including: Employers Nonownership Liability Hired and
Nonowned Vehicles. The City is to be named as an additional insured on this policy for this specific job
and copy of the endorsement doing so is to be attached to the Certificate of Insurance.
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
The Contractor shall have Umbrella Liability Insurance in the amount of 1100 on all contracts with
coverage to correspond with Comprehensive General Liability and Comprehensive Automobile Liability
coverages.
F. Worker's Compensation and Employers Liability Insurance
Worker's Compensation Insurance covering all employees whether employed by the Contractor or any
Subcontractor on the job with Employers Liability of at least $500.000.00.
1. Definitions:
If
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- 3
operators, employees of any such entity, or employees of any entity which furnishes persons to
8 ;
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.
3. The Contractor must provide a certificate of coverage to the governmental entity prior to being
awarded the contract.
4. If the coverage period shown on the Contractor's current certificate of coverage ends during the
duration of the project, the Contractor must, prior to the end of the coverage period, file a new
certificate of coverage with the 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.
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
f and filing of any coverage agreements, which meets the statutory requirements of Texas
Labor Code, Section 401.011(44) for all of its employees providing services on the
project, for the duration of the project;
(b) provide to the Contractor, prior to that person beginning work on the project, a certificate
of coverage showing that coverage is being provided for all employees of the person
providing services on the project, for the duration of the project;
(c) provide the Contractor, prior to the end of the coverage period, a new certificate of
coverage showing extension of coverage, if the coverage period shown on the current
certificate of coverage ends during the duration of the project;
(d) obtain from each other person with whom it contracts, and provide to the Contractor:
(1) a certificate of coverage, prior to the other person beginning work on the project;
and
(2) a new certificate of coverage showing extension of coverage, prior to the end of
the coverage period, if the coverage period shown on the current certificate of
coverage ends during the duration of the project;
(e) retain all required certificates of coverage on file for the duration of the project and for one
year thereafter;
(f) notify the governmental entity in writing by certified mail or personal delivery, within 10
days after the person knew or should have known, of any change that materially affects
the provision of coverage of any person providing services on the project; and
(g) contractually require each person with whom it contracts to perform as required by
paragraphs (a) - (g), with the certificates of coverage to be provided to the person for
whom they are providing services.
10. By signing this contract or providing or causing to be provided a certificate of coverage, the
Contractor is representing to the governmental entity that all employees of the Contractor who will
provide services on the project will be covered by worker's compensation coverage for the
duration of the project, that the coverage will be based on proper reporting of classification codes
and payroll amounts, and that all coverage agreements will be filed with the appropriate insurance
carrier or, in the case of a self -insured, with the commission's Division of Self -Insurance
Regulation. Providing false or misleading information may subject the Contractor to administrative
penalties, criminal penalties, civil penalties, or other civil actions.
11. The Contractor's failure to comply with any of these provisions is a breach of contract by the
Contractor which entitles the governmental entity to declare the contract void if the Contractor
does not remedy the breach within ten days after receipt of notice of breach from the
governmental entity.
G. Proof of Coverage
Before work on this contract is commenced, each Contractor and subcontractor shall submit to the Owner
for approval five Certificates of Insurance covering each insurance policy carried and offered as evidence
of compliance with the above insurance requirements, signed by an authorized representative of the
insurance company setting forth:
(1) The name and address of the insured.
(2) The location of the operations to which the insurance applies.
(3) The name of the policy and type or types of insurance in force thereunder on the date borne by
such certificate.
(4) The expiration date of the policy and the limit or limits of liability thereunder on the date borne by
such certificate.
(5) A provision that the policy may be canceled only by mailing written notice to the named insured at
the address shown in the bid specifications.
(6) A provision that written notice shall be given to the City ten days prior to any change in or
cancellation of the policies shown on the certificate.
(7) The certificate or certificates shall be on the form (or identical copies thereof) contained in the job
specifications. No substitute of nor amendment thereto will be acceptable.
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(8) If policy limits are paid, new policy must be secured for new coverage to complete project.
(9) A Contractor shall:
(a) provide coverage for its employees providing services on a project, for the duration of the
project based on proper reporting of classification codes and payroll amounts and filling of
any coverage agreements;
(b) provide a certificate of coverage showing workers' compensation coverage to the
governmental entity prior to beginning work on the project;
(c) provide the governmental entity, prior to the end of the coverage period, a new certificate
of coverage showing extension of coverage, if the coverage period shown on the
Contractor's current certificate of coverage ends during the duration of the project;
(d) obtain from each person providing services on a project, and provide to the governmental
entity:
(i) a certificate of coverage, prior to that person beginning work on the project, so the
governmental entity will have on file certificates of coverage showing coverage for
all persons providing services on the project; and
(ii) no later than seven days after receipt by the Contractor, a new certificate of
coverage showing extension of coverage, if the coverage period shown on the
current certificate of coverage ends during the duration of the project;
(e) retain all required certificates of coverage on file for the duration of the project and for one
year thereafter;
(f) notify the governmental entity in writing by certified mail or personal delivery, within 10
days after the Contractor knew or should have known, of any change that materially
affects the provision of coverage of any person providing services on the project;
(g) post a notice on each project site informing all persons providing services on the project
that they are required to be covered, and stating how a person may verify current
coverage and report failure to provide coverage. This notice does not satisfy other
posting requirements imposed by the Texas Worker's Compensation Act or other
commission rules. This notice must be printed with a title in at least 30 point bold type
and text in at least 19 point normal type, and shall be in both English and Spanish and
any other language common to the worker population. The text for the notices shall be
the following text provided by the commission on the sample notice, without any additional
words or changes:
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REQUIRED WORKERS' COMPENSATION COVERAGE
"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 512(440-3789 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;
(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 I
(2) prior to the end of the coverage period, a new certificate of coverage 4-
showing extension of the coverage period, if the coverage period shown
on the current certificate of coverage ends during the duration of the
project;
(vi) retain all required certificates of coverage on file for the duration of the project
and for one year thereafter;
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(vii) notify the governmental entity in writing by certified mail or personal delivery,
within 10 days after the person knew or should have known, of any change that
materially affects the provision of coverage of any person providing services on
the project; and
(viii) contractually require each other person with whom it contracts, to perform as
required by paragraphs (i)-(viii), with the certificate of coverage to be provided to
the person for whom they are providing services..
j--- 29. DISABLED EMPLOYEES
Contractors having more than fifteen (15) employees agree to comply with the Americans with Disabilities Act of
1990, and agree not to discriminate against a qualified individual with a disability because of the disability of such
individual in regard to job application procedures, the hiring, advancement, or discharge of employees, employee
compensation, job training, and other terms, conditions, and privileges of employment.
30. PROTECTION AGAINST CLAIMS OF SUBCONTRACTORS LABORERS MATERIALMEN AND FURNISHERS
OF MACHINERY, EQUIPMENT AND SUPPLIES
Without limiting, in any way, manner or form, the indemnity provided by Contractor in paragraph 27 hereof, the
Contractor agrees that it will indemnify and save the Owner and all of its officers, agents and employees, harmless
against any and all claims, liabilities, losses, damages, expenses and causes of action arising out of, in any way,
manner or form, the demands of subcontractors, laborers, workmen, mechanics, materialmen and furnishers of
machinery and parts thereof, equipment, power tools, and supplies, incurred in the performance of this contract
and the project which is the subject matter of this contract. When Owner so desires, the Contractor shall furnish
satisfactory evidence that all obligations of the nature hereinabove designated have been paid, discharged or
waived.
If during the progress of the work, Contractor shall allow any indebtedness to accrue for work furnished by any of
those designated in the preceding paragraph and shall fail to pay and discharge any such indebtedness within'five
(5) days after demand is made, then Owner may, during the period for which such indebtedness shall remain
unpaid, in addition to any statutory retainage rights it may have, withhold from the unpaid portion of this contract, a
sum equal to the amount of such unpaid indebtedness or may apply the sum so withheld to discharge any such
indebtedness.
31. PROTECTION AGAINST ROYALTIES OR PATENT INVENTION
The Contractor shall pay all royalties and license fees, and shall provide for the use of any design, device, material
or process covered by letters patent or copyright by suitable legal agreement with the Patentee or owner thereof.
Without limiting, in any way, manner or form, the indemnity provided by Contractor in paragraph 27 hereof, the
Contractor shall defend all suits or claims for infringement of any patent or copyrights and shall indemnify and
save the Owner, and all of its officers, agents and employees harmless from any loss on account thereof, except
that Owner shall defend all such suits and claims and shall be responsible for all such loss when a particular
design, device, material or process or the product of a particular manufacturer or manufacturers is specified or
required in these contract documents by Owner; provided, however, if choice of alternate design, device, material
or process is allowed to the Contractor, then Contractor shall indemnify and save Owner, and all of its officers,
_ agents and employees harmless from any loss on account thereof. Notwithstanding anything herein to the
contrary, if the material or process specified or required by Owner and/or this contract is an infringement, the
( Contractor shall be responsible for such loss unless it gives written notice of such infringement to the Owner's
Representative prior to bidding.
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32. LAWS AND ORDINANCES
The Contractor shall at all times observe and comply with all federal, state and local laws, ordinances and
regulations, which in any manner affect the contract or the work, and without limiting, in any way, manner or form,
the indemnity provided by Contractor in paragraph 27 hereof, Contractor shall indemnify and save harmless the
Owner, and all of its officers, agents, and employees against any claims arising from the violation of any such
laws, ordinances, and regulations, whether by the Contractor, its employees, or subcontractors. If the Contractor
observes that the plans and specifications are at variance therewith, he shall notify the Owner's Representative in
writing prior to bidding and any necessary changes shall be adjusted as provided in the contract for changes in the
work. In the absence of timely written notification to Owner's Representative of such variance or variances within
said time, any objection and/or assertion that the plans and specifications are at variance with any federal, state or
local laws, ordinances or regulations shall be deemed waived. If the Contractor, its employees or subcontractors
perform any work contrary to such laws, ordinances, rules and regulations, and without such notice to the Owner's
Representative, Contractor shall bear all costs arising therefrom.
The Owner is a municipal corporation of the State of Texas and the law from which it derives its powers, insofar as
the same regulates the objects for which, or the manner in which, or the conditions under which the Owner may
enter into contracts, shall be controlling, and shall be considered as part of this contract to the same effect as }
though embodied herein.
33. SUBCONTRACTING
The Contractor agrees that it will retain personal control and will give its personal attention to the fulfillment of this
contract. The Contractor further agrees that subletting of any portion or feature of the work, or materials required ;
in the performance of this contract, shall not relieve the Contractor from its full obligations to the Owner, as
provided by the contract documents.
34. TIME FOR SUBSTANTIAL COMPLETION AND LIQUIDATED DAMAGES
It is hereby understood and mutually agreed by and between the Contractor and the Owner, that the date of
beginning and time for completion as specified in the contract documents, of work to be done hereunder are
essential conditions of this contract; and it is further mutually understood and agreed that the work embraced in
this contract shall be commenced as provided in the contract documents.
If the Contractor should neglect, fail, or refuse to substantially complete the work within the time herein specified,
then the Contractor does hereby agree as part of the consideration for the awarding of this contract, the Owner
may withhold permanently from Contractor's total compensation, the sum of $500.00 (FIVE HUNDRED
DOLLARS) PER DAY, not as a penalty, but as liquidated damages for the breach of the contract as herein set
forth for each and every working day that the Contractor shall be in default after the time stipulated for
substantially completing the work.
It is expressly understood and agreed, by and between Contractor and the Owner, that the time for the substantial
completion of the work described herein is reasonable time for the completion of the same, taking into
consideration the average climatic range and conditions and usual industrial conditions prevailing in this locality.
The amount is fixed and agreed upon by and between the Contractor and the Owner because the actual damages
the Owner would sustain in such event would be difficult and/or impossible to estimate, however, the amount
agreed upon herein is a reasonable forecast of the amount necessary to render just compensation to Owner, and
is expressly agreed to be not disproportionate to actual damages as measured at time of breach.
IT IS FURTHER AGREED AND UNDERSTOOD BETWEEN THE CONTRACTOR AND OWNER THAT TIME IS
OF THE ESSENCE OF THIS CONTRACT.
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35. TIME AND ORDER OF COMPLETION
It is the meaning and intent of this contract, unless otherwise herein specifically provided, that the Contractor shall
be allowed to prosecute its work at such time and sessions, in such order of precedence, and in such manner as
shall be most conductive to economy of construction; provided, however, that the order and time of prosecution
shall be such that the work shall be substantially completed as a whole and in part, in accordance with this
contract, the plans and specifications, and within the time of completion designated in the bid; provided, also, that
when the Owner is having other work done, either by contract or by its own force, the Owner's Representative 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.
36. TIME OF PERFORMANCE
-' The Contractor agrees that it has submitted its bid in full recognition of the time required for the completion of this
project, taking into consideration the average climatic range and industrial conditions prevailing in this locality, and
has considered the liquidated damage provisions of paragraph 34 hereinabove set forth and expressly agrees that
it shall not be entitled to, nor will it request, an extension of time on this contract, except when its work has been
delayed by an act or neglect of the Owner, Owner's Representative, employees of the Owner or other contractors
employed by the Owner, or by changes ordered in the work, or by strike, walkouts, acts of God or the public
enemy, fire or flood. Any request for extension shall be in writing with the written request for same setting forth all
justifications, in detail, for the request, and submitted to Owner's Representative within twenty (20) calendar days
of the occurrence of the event causing said delay. A failure by Owner's Representative to affirmatively grant the
extension no later than twenty (20) calendar days of written submission by Contractor shall be deemed a denial,
and final. Further, in the absence of timely written notification of such delay and request for extension, as provided
herein, any request for extension by Contractor shall be deemed waived.
37. HINDRANCE AND DELAYS
In executing the contract, the Contractor agrees that in undertaking to complete the work within the time herein
` fixed, Contractor has taken into consideration and made allowances for all hindrances and delays incident to such
work, whether growing out of delays due to unusual and unanticipated circumstances, difficulties or delays in
securing material or workmen, or any other cause or occurrence. No charge shall be made by the Contractor for
hindrance or delays from any cause during the progress of any part of the work embraced in this contract except
where the work is stopped by order of the Owner or Owner's Representative for the Owner's convenience, in
which event, such expense as in the sole judgment of the Owner's Representative that is caused by such
stoppage shall be paid by Owner to Contractor.
38. QUANTITIES AND MEASUREMENTS
No extra or customary measurements of any kind will be allowed, but the actual measured or computed length,
area, solid contents, number and weight only shall be considered, unless otherwise specifically provided. In the
event this contract is let on a unit price basis, then Owner and Contractor agree that this contract, including the
specifications, plans and other contract documents are intended to show clearly all work to be done and material
to be furnished hereunder. Where the estimated quantities are shown, and only when same are expressly stated
to be estimates, for the various classes of work to be done and material to be furnished under this contract, they
are approximate and are to be used only as a basis for estimating the probable cost of the work and for comparing
their bids offered for the work. In the event the amount of work to be done and materials to be furnished are
expressly stated to be estimated, and only when same are expressly stated to be estimated, it is understood and
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.
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39.
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41
42
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.
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.
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.
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
Gwner's Representative's Certificate of Partial Payment, less 5% of the amount thereof, which 5% shall be
retained until final payment, and further, less all previous payments and all further sums that may be retained by
Owner under the terms of the contract documents.
Any partial payment made hereunder shall not constitute a waiver by the Owner of any and all other rights to
enforce the express terms of the contract documents, and all remedies provided therein, as to any and all work
performed, to be performed and/or materials delivered hereunder, including, but limited to, work to which said
partial payment is attributable.
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43. SUBSTANTIAL COMPLETION
Contractor shall give Owner's Representative written notice of substantial completion. Within thirty-one (31)
working days after the Contractor has given the Owner's Representative written notice that the work has been
substantially completed, the Owner's Representative and/or the Owner shall inspect the work and within said time,
if the work be found to be substantially completed in accordance with the contract documents, the Owner's
Representative shall issue to the Owner and Contractor a certificate of substantial completion. Notwithstanding
the issuance of a certificate of substantial completion, Contractor shall proceed with diligence to finally complete
the work within the time provided in this contract.
1 - 44. FINAL COMPLETION AND PAYMENT
The Contractor shall give written notice to Owner's Representative of final completion. Upon written notice of final
i completion, the Owner's Representative shall proceed to make final measurement to determine whether final
completion has occurred. If the Owner's Representative determines final completion has occurred, Owner's
Representative shall so certify to the Owner. Upon certification by Owner's Representative of final completion,
Owner shall pay to the Contractor on or before the 31 st working day after the date of certification of final
completion, the balance due Contractor under the terms of this agreement. Neither the certification of final
completion nor the final payment, nor any provisions in the contract documents shall relieve the Contractor of the
obligation for fulfillment of any warranty which may be required in the contract documents and/or any warranty or
warranties implied by law or otherwise.
45. CORRECTION OF WORK
Contractor shall promptly remove from Owner's premises all materials condemned by the Owner's Representative
on account of failure to conform to the contract documents, whether actually incorporated in the work or not, and
Contractor shall at its own expense promptly replace such condemned materials with other materials conforming
to the requirements of the contract documents. Contractor shall also bear the expense of restoring all work of
other contractors damaged by any such removal or replacement. If Contractor does not remove and replace any
such condemned work within a reasonable time after a written notice by the Owner or the Owner's Representative,
Owner may remove and replace it at Contractor's expense.
Neither the final payment, nor certification of final completion or substantial completion, nor any provision in the
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) Failure of the Contractor to make payments promptly to subcontractors or for materials or labor.
(d) Damage to another contractor.
When the above grounds are removed, or the Contractor provides a surety bond satisfactory to the Owner, in the
amount withheld, payment shall be made for amounts withheld because of them.
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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 t
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 z
Contractor, or another contractor, in completion of the work; and the Contractor shall not receive any rental or
credit therefore (except when used in connection with Extra Work, where credit shall be allowed as provided for
under paragraph 24 of this contract); it being understood that the use of such equipment and materials will
ultimately reduce the cost to complete the work and be reflected in the final settlement.
In the event the Contractor, or Surety, whichever is applicable, should fail to commence compliance with the notice
hereinbefore provided within ten (10) calendar days after service of such notice, and/or shall fail to proceed with
diligence to complete the project as contemplated and in compliance with all terms and provisions of the contract
documents, then the Owner may exercise any and all remedies available to it pursuant to law, contract, equity or
otherwise, including, but not limited to, providing for completion of the work in either of the following elective
manners:
(a) The Owner may employ such force of men and use of machinery, equipment, tools, materials and
supplies as said Owner may deem necessary to complete the work and charge the expense of such labor,
machinery, equipment, tools, materials and supplies to said Contractor, and the expense so charged shall
be deducted and paid by the Owner out of such moneys as may be due, or that may thereafter at any time
become due to the Contractor under and by virtue of this Agreement. In case such expense is less than
the sum which would have been payable under this contract, if the same had been completed by the
Contractor, then said Contractor shall receive the difference. In case such expense is greater than the
sum which would have been payable under this contract, if the same had been completed by said
Contractor, then the Contractor and/or its Surety shall pay the amount of such excess to the Owner; or
(b) The Owner, under sealed bids, after notice published as required by law, at least twice in a newspaper
having a general circulation in the County of location of the work, may let the contract for the completion of
the work under substantially the same terms and conditions which are provided in this contract. In case of
any increase in cost to the Owner under the new contract as compared to what would have been the cost
under this contract, such increase shall be charged to the Contractor and the Surety shall be and remain
bound therefore. Should the cost to complete any such new contract prove to be less than that which
would have been the cost to complete the work under this contract, the Contractor or his Surety shall be
credited therewith.
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In the event the Owner's Representative elects to complete the work, as described above, when the work shall
have been finally completed, the Contractor and his Surety shall be so notified and certification of completion as
provided in paragraph 44 hereinabove set forth, shall be issued. A complete itemized statement of the contract
accounts, certified to by Owner's Representative as being correct shall then be prepared and delivered to
Contractor and his Surety, if applicable, whereon the Contractor or his Surety, or the Owner as the case may be,
shall pay the balance due as reflected by said statement within 30 days after the date of certification of completion.
In the event the statement of accounts shows that the cost to complete the work is less than that which would
have been the cost to the Owner had the work been completed by the Contractor under the terms of this contract,
or when the Contractor and/or his Surety, if applicable, shall pay the balance shown to be due by them to the
Owner, then all machinery, equipment, tools, materials or supplies left on the site of the work shall be turned over
to the Contractor and/or his Surety, if applicable. Should the cost to complete the work exceed the contract price,
and the Contractor and/or his Surety, if applicable, fail to pay the amount due the Owner within the time
designated hereinabove, and there remains any machinery, equipment, tools, materials or supplies on the site of
the work, notice thereof, together with an itemized list of such equipment and materials shall be mailed to the
Contractor 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 which 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 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. All bonds, if required, 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.
19
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. F-1
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
i
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)
1
days of the receipt of said request, said request shall be deemed to be denied.
Li
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.
20
CURRENT WAGE DETERMINATIONS
Item No. 39
RESOLUTION April 8, 1999
WHEREAS, the City Council has heretofore established the general prevailing
rate of per diem wages for each craft or type of workmen or mechanics needed to execute
public works contracts for the City of Lubbock in accordance with the provisions of
%lemon's Ann. Civ. Art. 5159a; and
WHEREAS, such wage rates were established by Resolution No. 719 enacted
February 12, 1981, updated by Resolution No. 1590 enacted February 23, 1984, further
updated by Resolution No. 2502 enacted January 8, 1987, further updated by Resolution
No. 5721 enacted March 14, 1996, and amended by Resolution No. 6138 enacted
December 16, 1998; and
WHEREAS, such rates need to be updated at the present time in order to reflect
the current prevailing rate of per diem wages; NOW THEREFORE:
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the general prevailing rate of per diem wages for public works contracts
shall be as set forth in the following named exhibits, which exhibits shall be attached
hereto and made a part hereof for all intents and purposes:
Exhibit A: Building Construction Trades
Exhibit B: Paving and Highway Construction
Exhibit C: Overtime Rate
Exhibit D: Legal Holiday Rate
Such wage rates are hereby found and declared to be the general prevailing rate of per
diem wages in all localities where public works are undertaken on behalf of the City of
Lubbock and such wage rates shall be included in all public works contracts as provided
by law.
Passed by the City Council this 8th day of April_ 9 99. -
i
WINDY SfitTO14, MAYOR
ATEST: .
I
Kayt, i Darnell, City Secretary
APPROVED AS TO CONTENT:
\4an Andrews, Managing Director of
Human Resources
APPROVED AS TO FORM:
Amy L s, A istant City Attorney
gs. ecdoc ubworks.res
'" II March 25. 1999
EXHIBIT A
City of Lubbock
Building Construction Trades
Prevailing Rates
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
Floor Installer
Glazier
Insulator-Piping/Boiler
Insulator -Helper
Iron Worker
Laborer -General
Mortar Mixer
Painter
Plumber
Plumber -Helper
Roofer
Roofer -Helper
Sheet Metal Worker
Sheet Metal Worker -Helper
Welder -Certified
Hourly Rate
11.50
12.50
6.25
9.00
12.50
12.50
7.00
11.00
7.00
8.00
11.00
13.75
7.00
9.50
8.50
9.50
10.50
11.50
7.00
11.00
6.00
6.00
9.50
12.50
7.00
9.00
7.00
10.00
7.00
11.00
EXI Mrr B
Paving and Highway Construction
Prevailing Wage Rates
Craft
Asphalt Heaterman
Asphalt Shoveler
Concrete Finisher
Concrete Finisher -Helper
Electrician
Flagger
Form Setter
Form Setter -Helper
Laborer -General
Laborer -Utility
Mechanic
Mechanic -Helper
Power Equipment Operators
Asphalt Paving Machine
Bulldozer
Concrete Paving Machine
Front End Loader
Heavy Equipment Operator
Light Equipment Operator
Motor Grader Operator
Roller
Scraper
Tractor
Truck Driver -Light
Truck Driver -Heavy
Hourly Rate
9.00
6.00
8.00
7.00
12.00
6.00
7.00
6.25
6.00
6.75
8.00
7.00
7.75
F.00
7.75
7.25
8.00
7.25
9.50
6.75
7.25
7.25
6.50
7.00
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.
SPECIFICATIONS
CITY OF LUBBOCK J-
STREET/DRAINAGE
`E OF %�3A
:t.
G/Z-0/ DD
MARTIN LUTHER KING, JR. BLVD.
DRAINAGE IMPROVEMENTS
PROJECT # 90025
MEASUREMENT AND PAYMENT
MEASUREMENT AND PAYMENT
GENERAL
This project will consist of elevating a section of Martin Luther King, Jr. Blvd. and a
section of 74`'` Street above the overflow elevation of a receiving playa lake.
The unit price bid on each item, as stated in the bid proposal, shall include furnishing all
labor, machinery, equipment and materials necessary or incidental to complete the
various items of work in accordance with the plans and specifications of this contract.
The cost of construction required, whether or not shown on the plans or in the
specifications, for which no separate method of payment is made shall be considered to
be subsidiary to the items in the bid proposal and shall not be paid separate from the bid
items.
ITEM # 1 - EIGHT INCH (89) REINFORCED CONCRETE
PAVEMENT
This item shall govern for the construction of all eight inch (8") reinforced pavement as
specified.
Measurement shall be made of the actual surface area in square feet of eight inch (8")
reinforced concrete pavement as specified.
Payment shall be made at the unit price bid per square foot and constructed as specified.
The unit price bid shall be full compensation for all subgrade preparation; including
furnishing and installing a one inch (1") sand cushion on the finished subgrade; applying
all water required for finishing; loading, unloading, storing, hauling and handling all
concrete ingredients, including eight inches (8") of Class "C" concrete as specified,
including all freight and royalty ; for mixing, forming, placing, furnishing, placing and
cleaning all concrete; for furnishing and installing all reinforcement; for furnishing and
installing all steel wire and devices for placing, holding and supporting the steel bars if
required; for furnishing and installing all steel dowel rods; for furnishing and installing
all expansion joint material; for furnishing and installing all curing compound(s);
disposal of all excess materials in a suitable site and for all manipulations, labor,
equipment, appliances, tools, traffic provisions, barricades, flagmen and other incidentals
necessary to complete the work as specified.
ITEM NO.2 - REINFORCED CONCRETE PAVEMENT JOINT
SAWING AND SEALING
This item shall govern for the sawing and sealing of all transverse and longitudinal
contraction and construction joints in the eight inch (8") concrete pavement as specified.
Measurement shall be made of the actual length in linear feet of the sawed joints as
specified.
Payment shall be made at the unit price bid per linear foot of sawed joints which are then
sealed as specified.
The unit price bid shall be full compensation for the sawing and cleaning of all
contraction and construction joints shown on the plans or as determined by the Engineer
as necessary, including furnishing and filling the sawed joints with a W. R. Meadows
type joint filler material and backer rod(s) or engineer approved equivalent, and for all
manipulations, labor, equipment, tools, appliances, traffic provisions, barricades, flagmen
and other incidentals necessary to complete the work as specified.
ITEM # 3 - ASPHALT PAVEMENT SURFACE QY2" HOT MIX
ASPHALTIC CONCRETE)
This item shall govern for the construction of a hot mix asphaltic concrete surface as
specified.
Measurement shall be made of the actual surface area measured in square yards as
specified.
Payment shall be made at the unit price bid per square yard of asphalt surface constructed
as specified. The unit price bid shall be full compensation for furnishing and placing
Type "C" hot mix asphaltic concrete with three percent (3%) latex polymer (SBR) and
one percent (1%) hydrated lime, a 1:2 dilute emulsion at the rate of one tenth (0.10)
gallon of diluted solution per square yard, including hauling and delivering, spreading,
IA
blading, mixing, sprinkling, compacting, rolling and placing all materials, removal and
disposal of all excess materials at a site suitable for disposal of this type of waste
material; for all manipulations, labor, tools, equipment and other incidentals necessary to
complete the work as specified.
ITEM # 4 - NINE INCH (9") ASPH. STABILIZED BASE COURSE
This item shall govern for the construction of an asph. stabilized base course as specified.
Measurement shall be made of the actual surface area measured in square yards and
constructed as specified.
Payment shall be made at the unit price bid per square yard as specified. The unit price
bid shall be full compensation for the reshaping of all base materials as necessary, for
II
furnishing and installing an asph. stabilized base course, including all excavation and
filling necessary for subgrade preparation, including hauling and delivering, spreading,
blading, mixing, sprinkling, compacting, rolling, placing all materials to include tack
coat and prime coat, removal and disposal of all excess materials at a site suitable for
disposal of this type of waste material; for all manipulations, labor, tools, equipment and
,
other incidentals necessary to complete the work as specified.
ITEM # 5 - ASPHALT SURFACE REMOVAL AND
REPLACEMENT (ASPHALT PAVING TIE)
This item shall govern for the removal and replacement of a hot mix asphaltic concrete
surface without base removal and subgrade removal.
Measurement shall be made of the actual surface area in square yards removed and
replaced as specified.
Payment shall be made at the unit price bid per square yard of asphalt surface removal
and replacement as specified. The unit price bid shall be full compensation for reshaping
of all base materials as necessary, all asphalt surface removal, including sawcutting,
loading, hauling and disposal of all excess material at a site suitable for dumping of this
type of waste material; for furnishing and placing Type "C' hot mix asphaltic concrete
with three percent (3%) latex polymer (SBR) and one percent (1%) hydrated lime, prime
coat and tack coat, a 1:2 dilute emulsion at the rate of one -tenth (0.10) gallon of diluted
solution per square yard, including hauling and delivering, spreading, blading, mixing,
sprinkling, compacting, rolling, hauling and placing all materials; for all manipulations,
labor, tools, equipment and other incidentals necessary to complete the work as specified.
ITEM # 6 - DITCH REGRADING
This item shall govern for the preparation of V-shaped earthen ditches as shown on the
plans.
Measurement shall be made of the actual linear feet of ditch grading and regrading as
specified.
Payment shall be made at the unit price bid per linear foot of ditch regrading as specified.
The unit price bid shall be full compensation for all ditch work; to include excavation
and/or filling, compacting, loading, hauling and disposal of all excess materials at a
suitable site for dumping of this type waste materials; to include all equipment, tools,
labor and materials and other incidentals necessary to complete the work as specified.
LllITEM # 7 - UNPAVED STREET REBLADING
This item shall govern for blading, shaping and elevating of a portion of an unpaved
roadway as shown on the plans.
Measurement shall be made of the actual surface area in square yards of the earthen
roadway preparation exclusive of the adjacent earthen drainage ditches. The limits of the
length of roadway to be prepared shall be noted on the plans.
Payment shall be made at the unit price bid per square yard of the earthen roadway
preparation as specified. The unit price bid shall be full compensation for all earthwork
preparation; to include excavation and/or filling, compacting, loading, hauling and
disposal of all excess materials at a suitable site for dumping of this type waste materials;
to include all equipment, tools, labor and materials and other incidentals necessary to
complete the work as specified.
SPECIAL CONDITIONS
SPECIAL CONDITIONS
WoNEW ► �•:.
The Local Public Agency may increase the quantity of the work
in the Contract by supplementary projects, not included in
the Contract, without invalidating the Contract, and without
relieving or releasing the Contractor from any of his
obligations under the Contract or any guarantee given by him
pursuant to the Contract provisions, and without affecting
the validity of the guaranty bonds, and without relieving or
releasing the surety or sureties of said bonds. All such
work shall be executed under the terms of the original
Contract unless it is expressly provided otherwise.
If applicable unit prices are contained in the agreement,
established as a result of either a unit price bid or a
Supplement Schedule of Unit Prices, the Local Public Agency
may order the Contractor to proceed with desired additions to
the work as a result of supplementary projects, the value of
such changes to be determined by the measured quantities
involved and the applicable unit prices specified in the
Contract; provided that in case of a unit price contract the
net value of all additions does not increase or decrease the
original total bid contract amount shown in the Agreement by
more than twenty-five percent (25%).
Except for the purpose of affording protection against any
emergency endangering health, life, limb or property, the
Contractor shall make no change in the materials used or in
the specified manner or construction and/or installing the
improvements or supply additional labor, services or
materials beyond that actually required for the execution of
the Contract, unless in pursuance of a written order from the
Local Public Agency authorizing the Contractor to proceed
with the change. No claim for an adjustment of the contract
price will be valid unless so ordered.
If the Contractor proposes to incorporate Fast Track
concrete construction into the project, he will be required
to demonstrate his ability to successfully perform such
construction. Documentation of the Contractor's successful
experience with Fast Track concrete pavement or similar
construction shall be provided by the Contractor. No such
work shall be permitted until required documentation is
provided and verified by the City Engineer.
SC-2
KM
The successful General Contractor and all
successful Subcontractors which are involved with any aspect
of this contract project shall attend the project
PRE -CONSTRUCTION CONFERENCE.
The Superintendent and/or his assistants will not be allowed
to serve two (2) or more functions simultaneously, such as
operating machinery and acting as Superintendent at the same
time. The Superintendent must be free of individual
responsibilities to enable him to give the entire project his
constant attention to facilitate the progress thereof.
MMMEWWCUTA"TNe •:N; 0; •u• •�
The construction covered by these contract documents and
plans shall be fully completed within twenty (20) working
days from the date specified in the Notice to Proceed issued
by the City of Lubbock Engineering Department to the
successful bidder or the date specified in the written
approval to begin construction at an earlier date, whichever
comes first.
The Contractor shall do all such work as may be necessary to
maintain detours and facilities for safe public travel. The
Contractor shall maintain in passable condition such
temporary roads and structures as may be deemed necessary by
the Engineer to accommodate public travel. Temporary
approaches and crossings of intersecting highways shall be
provided and maintained in a safe and passable condition at
all times, as determined by the Engineer, at the Contractors
entire expense.
The safety of the public and the convenience of traffic shall
be regarded as of prime importance. It shall be the sole
responsibility of the Contractor to provide for ingress and
egress to private property at all times. Ingress and egress
SC-3
to private property shall be provided as specified in the
plans or as directed by the Engineer.
The Contractor shall plan and execute his operations in a
manner that will cause minimum interference with traffic.
The Contractor shall secure written approval from the City
Traffic Engineer and Project Engineer of his proposed plan of
operation, sequence of work and methods of providing for the
safe passage of traffic before the Contractor begins any
operations. If at any time during construction the approved
plan does not accomplish the intended purpose, due to weather
or other conditions affecting the safe handling of traffic,
the Contractor shall immediately make necessary changes
therein to correct the unsatisfactory conditions.
At night or at other times, all equipment not in use shall be
stored in such manner and at such locations as not to
interfere with the safe passage of traffic. The Contractor
shall provide and maintain flaggers at such points and for
such periods of time as may be required to provide for the
safety and convenience of the public and of the Contractor's
personnel, as directed by the Engineer. Flaggers shall be
English speaking, courteous, well informed, physically and
mentally able to effectively perform their duties in
safeguarding and directing traffic and protecting the work,
and shall be neatly attired and groomed at all times when on
duty. When directing vehicular and/or pedestrian traffic,
flaggers shall use standard attire, flags and signals and
follow the flagging procedures set forth in the Texas Manual
on Uniform Traffic Control Devices for Streets and Highways.
The Contractor shall have the sole responsibility for
providing, installing, moving, replacing, maintaining,
cleaning and removing upon completion of work, all
barricades, warning signs, barriers, drums, cones, lights,
signals and other such type devices for handling traffic
control as indicated in the plans or as directed by the
Engineer. All barricades, warning signs, barriers, flares,
cones, lights, signals and other such type devices shall
conform to details shown on the plans and as directed by the
Texas Manual on Uniform Traffic Control Devices. At the time
of the initial setup of the traffic control plan or at the
time of major phase changes, one hundred percent (1000s) of
each traffic control device shall be classified as acceptable
according to the American Traffic Safety Services Association
in the manual titled Quality Standards for Work Zone Traffic
Control Devices. Throughout the duration of the project, the
SC-4
number of acceptable devices may decrease to seventy five
percent (750) of the initial quantity, as a result of damage
and/or deterioration during the course of the work.
Unacceptable devices or situations that are found on the
,
jobsite shall be replaced immediately or the situation
corrected immediately as directed by the Engineer. Any
situation where there are more than two (2) adjacent
channelizing devices missing or substantially out of
alignment will cause an unacceptable situation. BARRICADES,
_.
WARNING SIGNS, BARRIERS, AND SUCH TYPE DEVICES SHALL HAVE
FLASHING (WARNING) LIGHTS ATTACHED AND FUNCTIONING PROPERLY
IN ACCORDANCE WITH THE MANUAL OF UNIFORM TRAFFIC CONTROL
DEVICES. Pavement tape, paint or raised pavement markers will
be unacceptable if more than ten percent (10t) or fifty
continuous feet (501) of solid line is missing.
The Contractor shall retain full responsibility to comply
with the requirements of the Texas Manual of Uniform Traffic
Control Devices.
The Contractor shall provide special signs not covered by the
contract documents or plans as needed to protect the
traveling public against special conditions or hazards,
provided however, that such signs are first approved by the
Engineer.
a
Upon completion of the work, all barricades, warning signs,
barriers, drums, cones, lights, flares, signals and other
such type devices and evidence thereof shall be removed by
the Contractor.
All advance signing and all barricading shall be in place
,
before construction operations are begun and during the
entire time construction operations are in progress.
-
Obstructions or hazards at the workplace shall be clearly
marked and delineated at all times.
All holes, trenches or other hazardous areas shall be
adequately protected by barricades, lights or other
protective devices. Trenches shall be covered or protected
with an orange plastic construction fence of height and
gage thickness as approved by the Engineer.
If pedestrian walkways are blocked, pedestrian control shall
conform to Typical Sidewalk and Curb -Lane Closure for
Pedestrian Control as directed by Figure 6-4.1, Texas
Manual of Uniform Traffic Control Devices.
The Texas Manual of Uniform Traffic Control Devices shall be
followed in all cases.
SC-5
In areas of hot mix paving, not more than three (3) calendar
days shall elapse between the time subgrade preparation is
begun and the time of spreading and compaction of the base
material without approval of the Engineer.
In areas of portland cement concrete paving, not more than
five (5) calendar days shall elapse between the time
subgrade preparation is begun and the portland cement
concrete paving is poured, joints sawed, and the surface
finished without approval of the Engineer.
At no time during the period of construction shall driveways
and/or alleys be left impassable between the night hours of
6:00 p.m. to 6:00 a.m., except during paving, curb and
gutter, driveway and/or alley reconstruction.
The Contractor is responsible for all communications with
adjacent property owners during construction, especially if
the project may limit or deny access to their properties.
The Contractor shall maintain continual access to adjacent
properties. Complete denial of access to an adjacent property
will only be considered by the Engineer if the adjacent
property owner is agreeable to such denied access.
53NOWTVim.,
No free water will be supplied by the City of Lubbock for
this project.
No fire hydrant connection except the standard City of
Lubbock fire hydrant connection shall be used. This
connection shall be furnished by the Water Department and
will be picked up by the Contractor at the Water Meter and
Customer Service Department located at 600 Municipal Drive
after he has received a permit and has made a deposit on the
meter, valve and fittings. The permit will be valid only for
the length of each project. The Contractor securing the
permit will be responsible for the above equipment. If
repairs on any of the equipment are required when they are
returned by the Contractor due to misuse, freezing, vandalism
or other damage not the fault of the equipment, the
Contractor securing the permit will be billed for the repair.
Should the meter, valve or fittings be stolen, the Contractor
securing the permit will be billed for the replacement value.
SC-6
If a connection is made on a faulty hydrant, a report of the
faulty hydrant shall be made to the Water Meter and Customer
Service Department (775-2604).
The loading rack shall be equipped with a valve which will be
pad -locked at all times except when the Contractor's truck is
loading. The valve on the loading rack shall be used by the
Contractor and at no time will the Contractor use the fire
hydrant valve. The padlock on the rack valve shall be
furnished by the Contractor. The Contractor shall not use
any fire hydrants for water loading unless there is an
authorized rack and meter on the fire hydrant.
Should a violation of the use of the fire hydrant be
observed, the Contractor will be notified of the violation.
Should the Contractor not comply immediately in correcting
the violation, the City of Lubbock will terminate the permit.
Should the fire hydrant receive damage during use due to the
Contractor's employee or equipment, the Contractor shall
repair the damage or pay to have it repaired to as good a
condition as it was prior to its use by the Contractor and
also to the satisfaction of the Director of Water Utilities.
Should pavement or curb and gutter in the vicinity of a fire
hydrant be damaged during the use of the fire hydrant, or if
the pavement or curb and gutter fails due to the use of the
fire hydrant, either while the fire hydrant is in use or
after it is in use, the Contractor shall replace the damaged
pavement or curb and gutter to the satisfaction of the
Engineer.
Meters shall be returned at the end of this project and the
Contractor will be billed for the water used. After the
billing for water consumption and meter and valve repairs
have been paid, the City of Lubbock Water Department will
refund the balance of the deposit, if any.
A. The Contractor will need special permission to be
permitted to work on weekends or legal holidays and shall
do no work on any contract item before daylight or later
than one hour after sundown, except as directed and
approved by the Engineer. No work will be allowed between
December 1st.and January 1st unless approved by the
Engineer.
SC-7
B. A 1:2 dilute treatment of MS-1 emulsified asphalt and
water or SS-1 emulsified asphalt and water
at a rate of one -tenth (0.10) gallon of diluted mixture
per square yard of surface will be applied to the
asphaltic concrete surface within ten (10) days of the
placement of the asphaltic concrete surface.
C. Temperature Requirements The temperature readings
to be used for construction activities will be determined
by the Engineer. The temperature will be taken on the
jobsite by the City Representative or he will elect to use
the temperature as reported by the National Weather
Service on an hourly report (local NWS telephone number is
762-0141).
(A) HMAC - November 1st until April 1st
1. The asphaltic mixture shall not be placed
when the air temperature is below 55OF (130 C)
and falling.
2. The asphaltic mixture may be placed when
the air temperature is above 50OF (100 C) and
rising.
(B) HMAC - April 1st till November 1st
1. The asphaltic mixture shall not be placed
when the air temperature is below 50OF (100 C).
and falling.
2. The asphaltic mixture may be placed when
the air temperature is above 450F (70 C) and
rising.
(C) Asphalt Stabilized Base
1. The asphaltic mixture shall not be placed
when the air temperature is below 450 F (70 C)and
falling.
2. The asphaltic mixture may be placed when the
air temperature is above 400 F (40 C) and rising.
The Engineer may use his discretion to require a cover
over the asphaltic mixture when being hauled from the
plant to the job site.
SC-8
(D) Portland Cement Concrete
1. The portland cement concrete may not be placed
until the air temperature is at least 350 F (20 C).
See City of Lubbock Details of Construction for
additional restrictions.
D. Unless otherwise approved by the Engineer, the minimum
temperature of asphalt materials immediately after
placement by the laydown machine will be 3000 F (1490 C)
for asphaltic concrete surface and 2750 F (1350 C) for
asphalt stabilized base.
E. Standby rollers shall be located at the job site for
immediate use if needed.
F. Proof rolling will be required on subgrade, caliche base,
black base, embankment or surface. After rain showers or
nuisance water discharge, if deemed necessary by the
Engineer, each item that was approved will be re -rolled.
The proof rolling will be performed using a self-propelled
twenty five (25) ton pneumatic roller with certified
weight certificate.
G. Preliminary approval, by the Engineer, of aggregate at the
pit and crusher location shall be required, prior to
delivery to the plant. Final approval of the stockpile
material, at the hot mix plant or concrete plant, or
stockpile locations will be required by the Engineer,
after which no additional aggregate will be added to the
approved stockpile prior to entering the mixing plant.
H. During the period of construction the Contractor will not
use private driveways for turning or parking his
equipment. Any damage to sidewalks, driveways, slabs, curb
and gutter or any miscellaneous concrete structure or
paving surface will be replaced at the Contractor's
expense.
I. Before any portion of any street is closed to traffic the
Contractor shall be required to have a sufficient quantity
and the correct type of equipment on the jobsite to
adequately start and complete the construction. At no time
shall any section of the closed area be left more than
three (3) calendar days without some type of work being
performed. If there is a shortage of equipment required to
sufficiently work on all areas of the closed section then
the Contractor shall immediately provide additional
equipment as necessary at his expense.
SC-9
I
It is the intent of these requirements to construct the
improvements listed in this contract with the least
inconvenience to the property owners and the traveling
public, and to construct the improvements in the least
possible amount of time.
Mumi.76TOWfew*) ON •0)
The Contractor shall familiarize himself with the existing
obstructions including sidewalks, trees, poles, etc., prior
to construction. It shall be the Contractor's responsibility
to remove these obstructions at the direction of the Engineer
except that the utility companies will move their equipment
at no cost to the Contractor. The Contractor will receive no
compensation for any delay caused by the Utility Companies in
relocating or removing their equipment.
The Contractor will bear the cost of all material tests on
hot mix design and concrete design. The City of Lubbock shall
bear the cost on tests during construction such as density on
caliche base, gradation on concrete and paving aggregates and
density and asphalt extraction tests on hot -mix and black
base.
(A) Cal i chP Rasp
Before caliche base materials can be used on any public
right of way, independent laboratory test reports not
older than forty five (45) days shall be submitted to the
Engineer for approval. New test reports shall be required
every forty five (45) days or as required by the Engineer
before this material can be used on City of Lubbock
contract projects. During the construction period, tests
which fail will require re -testing by the City of Lubbock
Lab at the contractor's expense.
(B) Concrete Mix nPR'_
• Pr - on stni c-t i.•Tests
The Contractor or concrete supplier shall submit a mix
design on the crushed stone and gravel no less than
twenty (20) days prior to beginning the concrete
operation for approval by the Engineer.
SC-10
Contractors or Concrete Suppliers that supply
concrete for any contract, new subdivision construction,
street or alley use permits will be required
to submit to the City Engineer a concrete mix
design at least every forty-five (45)
days for approval. Any contractor or concrete
supplier that does not have a current mix design
on file with the City Engineer will not be
permitted to furnish concrete for any project within
the City of Lubbock limits until a mix design is
received.
The City of Lubbock Testing Laboratory will make
test cylinders and/ or beams during the construction
period. When test cylinders or beams fail to meet the
required strength at the 7 days or 28 days break, the
concrete in question will be cored by the City of Lubbock
Testing Laboratory within three (3) days after the 7 days
or 28 days break. If the core samples fail to meet the
required strength, the concrete will be rejected and
removed. The cost of coring concrete that fails on the
core test(s) will be charged to the Contractor or
Concrete Supplier. After the mix design is submitted and
approved by the Engineer, no changes in the design
or materials will be permitted without written approval
of the Engineer.
(C) C'PmPnt-
A certified mill test on each car or transport shall be
required.
(D) Ash= al t-
A certified laboratory test shall be required on all
liquid asphalt.
(E) nP�nsit34 TPRt- (R)
a
The City of Lubbock Testing Laboratory shall provide
density tests on the base or subgrade. The City of
Lubbock Testing Laboratory will be the final authority on
all tests.
L
The Contractor shall not award any work to any Subcontractor
without prior written approval of the Owner, which approval
will not be given until the Contractor submits to the Owner a
SC-11
written statement concerning the proposed award to the
Subcontractor, which statement shall contain any and all such
information as the Owner may require.
The Contractor shall be as fully responsible to the Owner for
the acts and omissions of his Subcontractors, and of persons
either directly or indirectly employed by them, as he is for
the acts and omissions of persons directly employed by him.
The Contractor shall cause appropriate provisions to be
inserted in all subcontracts relative to the work to bind
Subcontractors to the Contractor by the terms of the General
Conditions and other contract documents insofar as applicable
to the work of Subcontractors and to give the Contractor the
same power as to regard terminating any subcontract that the
Owner may exercise over the Contractor under any provision of
the contract documents.
Nothing contained in this contract shall create any
contractual relation between any Subcontractor and the Owner
and said Subcontractor will look exclusively to the
Contractor for any payments due the Subcontractor.
All Subcontractors shall have at least 1 (one) copy of all
plans, cut sheets, specifications and other project contract
documents and drawings on the jobsite at all times.
1►i• ; ; • !►Iplasm*
The Contractor's attention is directed to the fact that
pipelines and other underground installations as may be shown
on the plans have been taken from the best available
information. There may be other pipelines or installations.
The Contractor shall save harmless the City from any and all
suits or claims resulting from damage by his operations to
any pipeline or underground installation.
The Contractor is responsible for contacting all utilities
prior to construction, for location of all utility lines and
facilities.
It is the Contractor's responsibility, during the period of
street construction, to insure that all utility cuts in the
limits of street construction have been properly backfilled,
compacted and the top six inches (611) backfilled with 3-sack
concrete. It is not the intent to require the Contractor to
provide for the utility cut repair but for the individual
utility company making the cut to provide their own repairs.
In the case of a City of Lubbock underground installation,
the Contractor may be required, at the Engineer's option, to
SC-12
_j
repair the cut with 3-sack cement stabilized caliche at the
unit price bid.
Effective October 1, 1998; contractors excavating sixteen
inches (16 inches) or deeper MUST begin calling notification
centers at least forty-eight (48) hours prior to digging.
wINK wiTuce i k) cen . rsism,9
Construction work under this contract requiring an inspector
will not be performed on weekends or holidays unless at least
one of the following conditions exist:
(A) The project being constructed is essential to
the City of Lubbock's ability to provide the
necessary services to its citizens.
(B) Delays in construction are due to factors
outside the control of the Contractor. The
Contractor is approaching the penalty pro-
(C) visions of the contract and the Contractor can
show he has made a diligent effort to
complete the contract within the allotted time.
Before construction work requiring an inspector is to be
performed on weekends or holidays, the Contractor shall
notify the Owner's Representative not less than three (3)
full working days prior to the weekend or holiday he desires
to perform 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 shall be made by the Owner's
Representative.
In any event, if a condition should occur or arise at the
site of this project or from the work being done under this
contract which is hazardous or dangerous to property or life,
the Contractor shall immediately commence work regardless of
the day of the week or the time of day, to correct or
alleviate such condition so that it is no longer dangerous to
property or life.
SC-13
. ,a Wil.. Flu ►M
On or before the tenth (loth) day of each month, the
Contractor shall submit to the Owner's Representative an
application for partial payment. The Owner's Representative
shall review said application for partial payment and the
progress of the work made by the Contractor and if found to
be in order shall prepare a certificate for partial payment
showing as completely as practical the total value of the
work done by the Contractor up to and including the last day
of the preceding month. The Owner shall pay the Contractor on
or before the fifteenth (15th) day of the current month the
total amount of the work done the preceeding month less five
percent (50) of the amount thereof which shall be retained
until final payment, and further, under the terms of this
agreement.
Neither the final payment nor certificate nor any provision
in this contract shall relieve the Contractor of
responsibility for faulty materials or workmanship, and he
shall remedy defects due thereto and pay for any damage to
other work resulting therefrom, which shall appear within a
period of one (1) year from date of the final completion of
the project. The Owner or the Owner's Representative shall
give written notice of observed defects with reasonable
promptness.
► •► • u i 11i Iu •; •u • •►
The project completion will be based on working days allowed
instead of calendar days allowed.
Any places in these documents referring to the number of
radar days to complete the project are hereby revised and
termed the number of wnr.king days to complete the project.
A working day is defined as a calendar day, not including
Saturdays, Sundays, or designated City of Lubbock holidays,
in which weather or other conditions not under the control of
the Contractor will permit the performance of the principal
unit of work underway for a continuous period of not less
than seven (7) hours between 7:00 a.m. and 6:00 p.m. For each
Saturday or designated City of Lubbock holiday on which the
Contractor chooses to work and has the proper authorization
to work, one (1) day will be charged against the contract
SC-14
working time when weather conditions will permit at least
seven (7) hours of work as delineated above. Work on Sunday
will not be permitted except in cases of extreme emergency.
If Sunday work is permitted, working time will be charged on
the same basis as week days.
The Contractor shall complete the work within the number of
working days stated in these documents. For the purpose of
computation, working days will be considered to begin on the
effective date stated in the "Notice to Proceed"
unless the Contractor is not allowed 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 seven (7) continuous hours.
The Engineer shall furnish the Contractor a monthly statement
showing the number of working days charged during the month,
the total number of working days allowed in the contract, and
the working days remaining in the contract. The Contractor
shall be allowed ten (10) calendar days in which to protest
the correctness of the statement. This protest shall be in
writing, addressed to the Engineer and shall show cause. The
Engineer shall then have ten (10) calendar days to
investigate and respond in writing. Not filing a protest
within the allowed ten (10) calendar days for any statement
will 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.
If the satisfactory completion of the contract will require
unforeseen work or work and materials in greater amounts than
set forth in the contract, additional working days or
suspension of time charge shall be allowed the Contractor
equal to the time which, in the opinion of the Engineer, the
work as a whole is delayed. The Contractor shall submit this
time extension request in writing to the Engineer. The
Engineer will then have ten (10) calendar days to respond.
If the Contractor fails to complete the contract in the
working days specified plus any permitted time extensions,
the stated liquidated damages will be charged for each
working day or portion of a working day thereafter.
SC-15
19.
If the Contractor or Subcontractor(s) should fail, neglect,
or refuse to complete the work within the time herein
specified, or any proper time extension thereof granted by
the Owner, then the Owner shall permanently withhold from the
Contractor's total compensation the sum of $500 (FIVE
HUNDRED DOLLARS) per each working day after the stipulated
completion date of this project as liquidated damages for the
breach of this contract.
SC-16
CITY OF LUBBOCK
STREET / DRAINAGE ENGINEERING
STANDARD PAVING SPECIFICATIONS
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
2.1
CONCRETE
2
2.2
Classification
2
2.3
Mix Design
3
2.4
Strength Requirements
3
2.5
Cement
4
2.6
Aggregate
4
2.7
Water
4
2.8
Admixtures
5
2.9
Reinforcing Materials
5
2.10
Joints
6
2.11
Joint Sealing Materials
6
2.12
Curing Compounds
7
2.13
Forms for Concrete
7
2.14
Placing and Finishing Concrete
7
3.1
SUBGRADE
8
4.1
FLEXIBLE BASE (CALICHE)
9
4.2
Materials Tests
9
4.3
Flexible Base Construction
9
5.1
ASPHALT STABLIZED BASE (ASB)
10
5.2
ASB Mix design
10
5.3
Placing ASB
11
5.4
ASB Compaction
11
6.1
HOT MIX ASPHALT CONCRETE SURFACE (HMAC)
11
6.2
Mix Design
12
6.3
Coarse Aggregate
13
6.4
Fine Aggregate
13
6.5
Asphalt
14
6.6
Placing HMAC
14
6.7
Compaction
15
6.8
Prime and Tack Coats
16
6.9
Emulsified Asphalt Seal Coat
16
7.1
STORM SEWER
16
7.2
Reinforced Concrete Pipe
16
7.3
Mortar
17
7.4
Preformed Bituminous Gasket Joints
17
7.5
Manholes
17
7.6
Manhole Frames and Covers
18
7.7
Construction Methods
18
7.8
Excavation
19
7.9
Pipe Installation
20
7.10
Backfilling
21
7.11
Trench Protection
21
8.1
BARRICADES
21
9.1
WORKING DAYS
22
9.2
Definition of Working Days
22
10.1
MEASUREMENT AND PAYMENT
23
10.2
Curb and Gutter
23
10.3
Concrete Flat Slabs
23
10.4
Curb Ramps
23
10.5
Concrete Drainage Channel
23
10.6
Retaining Wall or Curb on Drain Channel or Curb Ramp
24
10.7
Concrete Median
24
10.8
Concrete Street Paving
24
10.9
Sawing and Sealing Joints
24
10.10
Storm Sewer Inlet Boxes and Manholes
24
10.11
Headwalls
24
10.12
Storm Sewer Pipe
25
10.13
Extra Vertical Feet of Manhole
25
10.14
Curb and Gutter Removal
25
10.15
Concrete Slab Removal
25
10.16
2 Sack Flowable Fill
25
10.17
Asphalt Paving
25
10.18
Asphalt Paving Repair
26
10.19
Excavation and Grading
26
11.1 STANDARD DETAILS
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 Paving
Tee Alley
} Typical Handicap Ramp
m
1-12-00
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.
1.3 WARRANTY AND ACCEPTANCE
All equipment, materials, and construction incorporated into any project covered by these
specifications shall be guaranteed against defective material and workmanship. Prior to final
acceptance, the contractor shall furnish to the Engineer, a written guarantee which shall provide
that the contractor shall remedy any defects in the work, and pay for any and all damages of any
nature whatsoever resulting in or from such defects when such defects appear within one year
from the date of acceptance of the work. The determination of the necessity during the warranty
period for the contractor to repair or replace the work in whole or in part shall rest with the
Engineer.
1.4 TESTING AND INSPECTION
All work shall be inspected and/or tested by a representative designated by the Engineer, who
shall have the authority to halt construction when, in his opinion, construction is being performed
contrary to these specifications or associated plans. Whenever any portion of these
specifications or associated plans is violated, the Engineer may order that portion of construction
which is in violation to cease until such violation is corrected.
Contractor shall cooperate with the Engineer in providing for sampling and testing procedures.
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.
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.
All concrete shall have 5%, plus or minus 1-1/2%, air entrainment in conformance with ASTM C
260.
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 Alley returns and alley paving.
Class C Valley gutters, fillets, and concrete street pavement.
Class D LPL encasements
Class E Fast setting concrete pavement such as "Fast Track" Concrete Pavement
or, other special design.
2
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
4
B
5.5
5.5
3
C
6.0
6.0
3
D
4.5
6.5
4
E
7.0
5.0
As specified by
concrete batch plant
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.
COMPRESSIVE FLEXURAL
Class
3 Day 7 Day
28 Day
A
- 2100
3000
-
B
2500 3000
-
-
C
- 2500
3600
600(28 day)
D
- -
2500
-
E
- -
-
Unless otherwise specified
500 (16 hr)
3
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 D concrete shall be crushed limestone ( Brownwood type or
equivalent).
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 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.
4
I
2.8 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 be used with Types I, II, and III Portland Cement when approved by the Engineer. Only
Class C or Class F fly ash may be used.
When fly ash is used, "cement" in relation to mix design shall be defined as "cement plus fly
ash". Fly ash may constitute 20% to 30% by absolute volume of the cement as approved by the
Engineer.
2.9 REINFORCING MATERIALS
GENERAL - All concrete, except for curb and gutter, shall incorporate wire mesh or fiber
reinforcement, and/or other reinforcement as indicated on plan sheets. Metal reinforcement shall
be grade 40 (40KSI) unless indicated otherwise on plan sheets.
All steel reinforcing materials shall be securely held in proper position with devices appropriate
to the type of reinforcement used, subject to approval by the Engineer.
STEEL - Wire mesh shall conform to ASTM A 185, and shall be 6"x 6"-10 gauge welded wire
fabric, or size as indicated on plan sheets. Reinforcing bars shall be open-hearth basic oxygen or
electric furnace new billet steel manufactured in accordance with ASTM A 615 and ASTM A
f 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 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 steel, and shall be of adequate size to positively hold the
reinforcing in position.
FIBER - Fiber reinforcement may be used in place of wire mesh only if approved by the City
Engineer. Fiber reinforcement shall be 100% virgin polypropylene, collated, fibrillated fibers
specifically manufactured for use as concrete reinforcement, containing no reprocessed olefin
materials. The quantity of fiber reinforcement used shall be in conformance with the
manufacturer's recommendation or as directed by the Engineer.
5
The minimum physical characteristics on the fiber shall be as follows:
Specific Gravity 0.91
Tensile Strength 70,000 psi to 110,000 psi
Length 3/4"
2.10 JOINTS
Curb and gutter (Class A concrete)shall be constructed with an expansion joint at the tangent
point of each return at intersections and at intervals not more than 40 feet between the
intersections. The 40 foot intervals may be omitted for machine placed curb and gutter.
Construction joints formed by removable metal templates accurately shaped to the cross-section
of the curb and gutter shall be located at the midpoint of each section between expansion joints,
or 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
and at intervals of 39 feet. 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 D 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 the
specified elastomeric system.
2.11 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. Meadows
"SOF-SEAL" or "GARDOX" as required by plan sheets. Hot poured sealant for joints between
Portland cement concrete and Bituminous concrete shall conform to ASTM D 3405. Hot poured
joint sealant for all other joints in Portland cement concrete pavement, shall conform to ASTM D
3406. Cold poured joint sealant shall conform to ASTM C 920.
Elastomeric joint sealant shall be mixed and applied in accordance with the manufacturer's
recommendations. Prior to application, joints shall be cleaned by sandblasting and otherwise
prepared so that the sealant adheres to the surfaces to form an effective seal against moisture and
solid particles. The sealant shall be a soft, highly flexible, rubber like material after curing
which shall not track, flow, crack, or break when exposed to hot and cold temperature extremes
typical of local conditions.
Backer rod used with elastomeric sealant shall be 25% greater in diameter than the joint width.
T
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.
2.12 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.
2.13 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.
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.
' 2.14 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.
7
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.
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 max.
Plasticity Index 15 max.
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 a moisture content 1 % to 2% below optimum. Subgrade shall be
constructed in maximum of 6 inch lifts. The total thickness of the subgrade shall be 6 inches
minimum for streets 36 foot wide or less, 12 inches minimum for streets greater than 36 foot, 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 may order proof rolling to test the uniformity of compaction.
Any fill placed within existing or proposed street right of way in execution of an approved cut
and fill plan shall meet these requirements for materials and construction.
Subgrade not covered with base material within 7 days of completion may be subject to retesting
and reprocessing as determined by the Engineer.
8
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. No blending of sources and/or additive materials will be allowed. The material source
shall be subject to approval by the Engineer. 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.
4.2 MATERIAL TESTS
Flexible base material shall conform to the following test requirements:
Sieve Analysis
Sieve Size 2-1/2" 1-3/4" 7/8" 1/2" #4 #40
%Retained 0 0-10 10-35 30-50 45-65 70-85
Atterberg Limits
Material passing the No. 40 Sieve shall be known as "Soil Binder" and shall meet the following
requirements:
Liquid Limit 45 max.
Plasticity Index 15 max. & 3 min.
Linear Shrinkage 10 max.
Wet Ball Mill
When tested in accordance with Tex- 116-E (Wet Ball Mill) the material shall have a value not to
exceed 55.
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 as required to produce a uniform compaction of 95% of Standard Proctor Density at a
moisture content 1 % to 2% below optimum.
Completed flexible base shall be cured for at least 7 days before finishing. During the curing
6
period the street may be opened to traffic. The base shall be maintained by blading, watering, or
other methods until the wearing surface is placed.
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 in compliance with these specifications.
Samples of the compacted ASB will be removed by City personnel from locations designated by
the Engineer to determine composition, compaction, thickness, and density. The contractor shall
replace the pavement removed from core holes at not 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:
i
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:
i�
Liquid Limit shall not exceed 45 _
Plasticity Index shall not exceed 15
Linear Shrinkage shall not exceed 5 1
i.
The mineral aggregate shall not contain more than 0.5% moisture prior to entering the pugmill
for mixing with asphalt.
10
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 requirements 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 Engineer.
Prior to placing ASB, the subgrade shall be prepared as previously specified The cross-section
shall be constructed to form the specified crown on the HMAC surface at the centerline of the
street, or as indicated on the plans.
ASB shall not be placed when the air temperature as reported by the National Weather Service is
below 45 degrees F and falling. Any ASB material that is 25 degrees F or more below the
temperature approved by the Engineer shall be rejected. No payment will be made for any
rejected material.
The ASB material shall be dumped and ' spread on the approved prepared surface using an
approved spreading 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.
5.4 ASB COMPACTION
The ASB shall be compacted thoroughly and uniformly with approved rollers. Rolling shall be
continued until no further increase in density can be obtained and all roller marks are eliminated.
Compaction shall be completed before the ASB mixture cools below 185 degrees F.
The compacted ASB shall conform the cross -sections, lines, and grades shown on the plans or as
directed by the Engineer. The surface shall be smooth and have a uniform texture acceptable to
the Engineer.
6.1 HOT MIX ASPHALT CONCRETE SURFACE (HMAC)
Hot mix asphalt concrete surface shall consist of a compacted mixture of coarse aggregate, fine
aggregate, mineral filler (if required), and asphalt cement mixed hot in a mixing plant in
accordance with these specifications. Unless otherwise specified, the materials and construction
shall conform to TxDOT Item "Hot Mix Asphalt Pavement".
11
The contractor's plant and equipment are subject to approval by the Engineer, and shall be
appropriate and in suitable condition to produce the HMAC surface consistently in compliance
with these specifications. Approval of the source and character of the materials shall be obtained
from the Engineer prior to use.
The combined mineral aggregate, after final processing by the mixing plant and prior to addition
of asphalt and mineral filler, shall have a sand equivalent value of not less than 45 when tested in
accordance with Test Method Tex 203-F. The percent of flat, elongated slivers of stone for any
aggregate shall not exceed 25% when tested in accordance with Test Method Tex 224-F.
Asphaltic mixtures shall be conditioned with either lime or liquid anti -stripping agent approved
by the Engineer. Anti -stripping agents shall meet requirements of TxDOT Item "Asphalt Anti -
stripping Agents".
Samples of the HMAC surface will be removed by City personnel from locations designated by
the Engineer to determine composition, compaction, thickness, and density. The contractor shall
replace the pavement removed from core holes at not cost to the City. HMAC surface found to
be deficient in composition, compaction, thickness, or density shall be corrected at the
contractor's expense as directed by the Engineer.
6.2 MIX DESIGN
Type "D" HMAC shall be used on streets 36 feet or less in width. Type "C" HMAC shall be
used on streets greater than 36 feet in width. The contractor shall provide a current HMAC mix
design using the approved materials indicating gradation and optimum asphalt content. The
aggregate mixture shall conform to the following master gradation:
Tvne "C" (Coarse Graded Surface Course - Streets greater than 36 feet wide
Percent passing 7/8"
100
Percent passing 5/8"
98-100
Percent retained on 3/8"
12-25
Percent retained on No. 4
15-30
Percent retained on No. 10
12-30
Total percent retained on No. 10
53-65
Percent retained on No. 40
10-20
Percent retained on No. 80
5-15
Percent retained on No. 200
5-15
Percent passing No. 200
1-6
Tvne "D" ( Fine Graded Surface Course - Streets 36 feet or less wide
Percent passing 5/8"
i 00
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
12
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.
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
6.3 COARSE AGGREGATE
The coarse aggregate shall be the material retained on a No. 10 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 85% crushed faces for
Type "C" HMAC, when tested in accordance with Test Method Tex 413-A.
Coarse aggregate shall have a maximum loss of 25% when subjected to 5 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.
6.4 FINE AGGREGATE
The fine aggregate shall be that part of the material passing the No. 10 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.
13
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
6.5 ASPHALT
Asphalt shall be 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 as indicated by Marshall Stability for streets
for Type "C" HMAC, and optimum plus 0.5 percentage point 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.
6.6 PLACING HMAC
HMAC surface shall be placed and compacted to a density of 95 to 100 percent of that density
developed in the laboratory test method of molding stability specimens, with a minimum
compacted thickness of 1-1/2 inches. The pavement shall be constructed on the previously
approved base.
Air temperature requirements for placing HMAC shall be as follows:
November 1 to April 1
HMAC shall not be placed when the air temperature is below 55 degrees F and falling. HMAC
may be placed when the air temperature is above 50 degrees F and rising.
April 1 to November 1
HMAC shall not be placed when the air temperature is below 50 degrees F and falling. HMAC
may be placed when the air temperature is above 45 degrees and rising.
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 less than the mixing temperature, it shall be rejected. No payment will be made for rejected
material. 1
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.
14!
__.
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 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.
6.7 COMPACTION
The pavement shall be compacted thoroughly and uniformly to a density of 95 to 100 percent of
that density developed in the laboratory Marshall test method of molding stability specimens
using appropriate rollers approved by the Engineer. At a minimum one tandem roller weighing
not less than 8 tons, two pneumatic rollers with a weight capable of being uniformly varied from
275 to 550 psi per inch width of tire tread, and one three wheel roller weighing not less than 10
tons shall be provided for each job. Additional rollers shall be provided by the contractor if
needed.
Rolling with three wheel and tandem rollers shall start longitudinally at the sides and proceed
toward the center of the pavement, overlapping on successive trips by at least half the width of
the rear wheels. Alternate trips of the roller shall be slightly different in length. On super -
elevated curves roiling 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.
15
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.
6.8 PRIME AND TACK COATS
Prior to placing HMAC on flexible base, the surface shall be primed using an application of 0.25
gallons per square yard of MC asphalt.
against which the pavement are to be laced
Before any asphaltic mixture is laid, the surfaces p p
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 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.
6.9 EMULSIFIED ASPHALT SEAL COAT
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. j
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.
f:
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
16
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.
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 BITUMINOUS 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 plant
inspection may be required for production' facility inspection and tc 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 with Conseal Joint Sealant or
approved equal to provide a watertight manhole. This sealant will be provided by supplier and
will be considered an essential part of each shipment.
17
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.
t
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.
18
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
M1 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 but with the following additions: 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.
The minimum width of the trench at the top of the pipe, when placed, shall be a width which will
permit the proper construction of joints and compaction of backfill around 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 SIZE MINIMUM TRENCH WIDTH MAXIMUM TRENCH WIDTH
- OF PIPE AT PIPE SPRINGLINE AT TOP OF PIPE
Less than 18" Pipe O.D. + 12" Pipe O.D. + 18"
18" thru 36" Pipe O.D. + 18" Pipe O.D. + 24"
37" thru 60" Pipe O.D. + 24" Pipe O.D. + 30"
The width of the trench above the top of the pipe may be as wide as necessary for shoring,
bracing or proper installation of the pipe. Excavation in paved areas shall be confined to a
minimum practical width. The bed for pipe shall be so shaped that at least the lower quarter of
the pipe circumference shall be in continuous contact with the bottom of the trench.
The excavation for the manhole shall be essentially the same as that for the piping. The sides of
19
the excavation shall be vertical unless otherwise approved by the Engineer.
The Contractor shall do such trench bracing, sheathing or shoring necessary to perform and
protect the excavation as required for safety and conformance to applicable laws and regulations.
The bracing, sheathing, or shoring shall not be removed in one operation but shall be done in
successive stages to prevent overloading of the pipe during backfilling operations. The cost of
the bracing, sheathing, or shoring and the removal of same, shall be included in the unit price bid
per foot for the pipe.
7.9 PIPE INSTALLATION
The Contractor shall provide the appropriate tools and methods to insure installation of the pipe
to line and grade, as shown on the drawings. The Contractor's facilities for lowering precast pipe
into the trench shall be such that neither the pipe nor the trench will be damaged or disturbed.
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 recast or cast in lace pipe, has
P p�p � J p p p p
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 water tight joint. Each joint shall be sealed
with a preformed bituminous gasket as specified. The gasket shall be installed as recommended
by the pipe manufacturer. j
H
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
20
Standard Details. The manhole shall be constructed to ASTM C-891 standards.
Precast reinforced concrete bases shall be of the size and shape detailed on the Plans or as shown
in the Standard Details.
7.10 BACKFILLING
All trenches and excavations shall be backfilled as the pipes and manholes are installed, unless
other protection is directed. 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. Backfli 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.
Within street right of way flowable fill backfill material (2-sacks of cement per cubic yard
concrete mix) shall be used. During the pour the pipe shall not be disturbed or moved in any
way.
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
Contractor shall provide trench protection where required by OSHA regulations and other
applicable requirements. The Engineer shall not be responsible for applicability or effectiveness
�._ of trench protection plan or devices. No separate payment shall be made for trench protection.
' 8.1 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).
21
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.
9.1 WORKING DAYS
City contracted paving projects will be based on working days allowed. No requests for
extensions of time will be considered.
9.2 DEFINITION OF WORKING DAYS
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.
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 i_
that period's time statement, and future consideration of that tune statement will not be
permitted. 22
10.1 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.
10.2 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.
10.3 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.
10.4 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.
1- 10.5 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.
23
10.6 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.
10.7 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.
10.8 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, 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.
j
10.9 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.
10.10 STORM SEWER INLET BOX AND MAHOLES
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.
10.11 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, i
finishing, grates, and all incidentals necessary to complete the work.
24
10.12 STORM SEWER PIPE
Measurement along the centerline of the pipe will be made of the actual length of pipe
constructed, from face of structure to face of structure or to centerline of manhole, and will be
paid for at the unit price bid for Storm Sewer. Depth of cut shall be considered to be from the
top of the adjacent grade stake to the flowline of the pipe: The unit price bid shall include
furnishing and installing all materials, pavement removal, excavation, filling, backfilling with
compacted soil where applicable, and all incidentals necessary to complete the work. Foowable
fill will be paid for as a separate pay item.
10.13 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.
10.14 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.
10.15 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.
10.16 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.
10.17 ASPHALT PAVING
Measurement will be made of the area, in square yards, of a alt paving actually constructed.
Payment will be made at the unit price bid per yar?*he unit price bid shall include
furnishing and installing all materials, subgrade preparation, construction of caliche or asphalt
25
C
stabilized base as specified, excavation, filling, tack and prime coats, HMAC surface, emulsion
seal, and all incidentals necessary to complete the work.
10.18 ASPHALT PAVING REPAIR
Measurement will be made of the area, in square yards, of in place asphalt paving repair.
Payment will be made at the unit price bid per square yard of paving repair. The unit price bid
shall include furnishing and placing all asphaltic materials, sawing of existing paving edges,
smoothing and preparation of the existing base, flowable fill if required, tack and prime coats,
compaction, and all incidentals necessary to complete the work.
1019 EXCAVATION AND GRADING (OUTSIDE LIMITS OF CONSTRUCTION)
Volume of excavation or fill, in cubic yards, will be determined by average end area method.
City personnel will shoot elevations as necessary to facilitate volume calculations. 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.
11.1 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.
STREET CROWN ELEVATIONS
PAVEMENT WIDTH
CURB FACE TO CURB FACE
FINISHED PAVING SURFACE
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.
26
CONTRACT
STATE OF TEXAS
COUNTY OF LUBBOCK
THIS AGREEMENT, made and entered into this 24th day of August, 2000 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 Lone Star Dirt & Paving Contracting 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 #00-176 - MARTIN LUTHER KING JR. BLVD. DRAINAGE IMPROVEMENTS - $80,975.00
and all extra work in connection therewith, under the terms as stated in the contract documents and at his (or their) own
proper cost and expense to furnish all materials, supplies, machinery, equipment, tools, superintendence, labor, insurance
and other accessories and services necessary to complete the said construction in accordance with the contract
documents as defined in the General Condition of Agreement.
The CONTRACTOR hereby agrees to commence work within ten days after the date written notice to do so shall have
been given to him and to substantially complete same within the time specified in the contract documents.
The OWNER agrees to pay the CONTRACTOR in current funds for the performance of the contract in accordance with
the 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.
APPROVED AS TO FORM:
Cty Attorney
C
Cl UBBOC ,TEXA NER
By:
MAYOR
CONTRACTOR:
.CnN� STs��- �/.CT � �riiNc► (Ai` rtAc�i� p
v
By: 2�A '44,
41
PRINTED NAME: tA4SenC'f S.vor+if
TITLE: &0
ATTEST: COMPLETE ADDRESS:
Corporate Secretary LONE STAR DIRT & PAVING CONTRACTING
11820 UNIVERSITY AVE.
LUBBOCK, TEXAS 79423