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HomeMy WebLinkAboutResolution - 2021-R0118 - Contract 15772 with Intermountain Slurry Seal 4.13.2021Resolution No. 2021 -Rol 18 Item No. 7.16 April 13, 2021 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock is hereby authorized and directed to execute for and on behalf of the City of Lubbock, Public Works Contract No. 15772 for Micro - Surfacing as per RFP 21-15772-TF, by and between the City of Lubbock and Intermountain Slurry Seal, Inc., of Salt Lake City, Utah, 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 on April 13, 2021 DANIEL M. POPE, MAYOR ATTEST: Qjdjjt'j.* hc - ReTbeta Garza, City Secre ry APPROVED AS TO CONTENT: Jestca Mc chern, Assistant City Manager APPROVED AS TO FORM: w1w4AZ&-� Ili Leisure, Assistant City Attorney ecdocs/RES.Contract 15772 — Intermountain Slurry Seal March 11, 2021 City of Lubbock Bid RFP 21-15772-TF PROPOSAL SUBMITTAL FORM UNIT PRICE PROPOSAL CONTRACT DATE: February 25, 2021 PROJECT NUMBER: RFP 21-15772-TF Micro -Surfacing Proposal of Intermountain Slurry Seal, Inc. (hereinafter called Offeror) To the Honorable Mayor and City Council City of Lubbock, Texas (hereinafter called Owner) Ladies and Gentlemen: The Offeror, in compliance with your Request for Proposals for the Micro -Surfacing having carefully examined the plans, specifications, instructions to offerors, notice to offerors and all other related contract documents and the site of the intended work, and being familiar with all of the conditions surrounding the construction of the intended project including the availability of materials and labor, hereby intends to furnish all labor, materials, and supplies; and to construct the project in accordance with the plans, specifications and contract documents, within the time set forth therein and at the price stated below. The price to cover all expenses incurred in performing the work required under the contract documents. ITEM DESCRIPTION QTY {+/-) U/M UNIT COST EXTENDED COST Micro -Surfacing CSS-1 P in accordance with TxDOT Specifications Item # 350, including, 1 emulsion, mineral filler, aggregate, labor, 8,000 TON 245.00 1,960,000.00 equipment, and all incidentals needed to produce micro -surfacing, delivered and placed. Scrub Seal- # 6 Rock grade "A" sack or grade "B" 2 sack if soundness test. Polymer emulsion that meets 553,053 SY 2.05 1,133,758.65 the Requirements if item 300, "Asphalt, oils, and Emulsions" Table 10 CMS-2P. Paint stripe tabs for all streets requiring lane line 3 repainting, including labor, equipment, preparation 42000 EA .25 1,000.00 of existing surface, etc. 24" Surface preparation on concrete materials 4 including grinding, sealing, pre -marking, 600 LF elimination of existing markings, and installation 1.00 600.00 complete and in place. 8" Surface preparation on concrete materials 5 including grinding, sealing, pre -marking, 100 LF elimination of existing markings, and installation 1.00 100.00 complete and in place. 2/8/2021 10:25 AM p. 34 City of Lubbock Bid RFP 21-15772-TF ITEM DESCRIPTION QTY (+/-) U/M UNIT COST EXTENDED COST Type I Thermoplastic pavement marking .125 Mil 6 24" white stop line (TxDOT DMS 8220). Including 650 LF labor, equipment, and preparation of existing 23.00 14,950.00 surface. Complete and in place. Type I Thermoplastic pavement marking .125 Mil 24" white continental crosswalk (TxDOT DMS 1 248 LF 14.00 8220). Including labor, equipment, and preparation 17,472.00 of existing surface. Complete and in place. Thermoplastic pavement marking Right or Left turn 8 arrow (TxDOT DMS 8220). Including labor, 12 EA 550.00 equipment, and preparation of existing surface. 6,600.00 Complete and in place. 4" lane line elimination. Including labor, 9 equipment, and all tools necessary to remove and 2,105 LF 10.00 21,050.00 relay markings. 8" lane line elimination. Including labor, 10 equipment, and all tools necessary to remove and 500 LF 20.00 10,000.00 relay markings. 24" Thermoplastic lane line elimination. Including 11 labor, equipment, and all tools necessary to remove 1,900 LF 7.00 13,300.00 thermoplastic markings. Thermoplastic turn arrow elimination. Including 12 labor, equipment, and all tools necessary to remove 12 EA 160.00 1,920.00 thermoplastic markings. Milling of Asphalt surface to various depths at all locations where Micro -Surfaced streets will join at either a concrete valley gutter, or concrete 13 intersection, at varying widths. Including labor, 500 SY 5.00 2,500.00 equipment, and all incidentals needed to ensure a smooth transition between existing concrete surface, and the Micro -Surfaced street. The resulting millings to be retained by the City of Lubbock. 14 Mobilization 1 EA 305,000.00 305,000.00 Total (Items 1-14) $ 3;4.88,250.65 N Offeror's Initials 2/812021 10:25 AM p. 35 City of Lubbock Bid RFP 21-15772-TF PROPOSED CONSTRUCTION TIME: 1. Contractors proposed CONSTRUCTION TIME for completion: TOTAL CONSECUTIVE CALENDAR DAYS: 60 (to Substantial Completion) (not to exceed 90 consecutive calendar days to Substantial Completion) Offeror hereby agrees to commence the work on the above project on a date to be specified in a written "Notice to Proceed" of the Owner and to substantially complete the project within 90 Consecutive Calendar Days as stipulated in the specification and other contract documents. Offeror hereby further agrees to pay to Owner as liquidated damages in the sum of $1,204.28 for each consecutive calendar day after substantial completion set forth herein above for completion of this project, all as more fully set forth in the General Conditions of the Agreement. Offeror understands and agrees that this proposal submittal shall be completed and submitted in accordance with instruction number 29 of the General Instructions to Offerors. Offeror understands that the Owner reserves the right to reject any or all proposals and to waive any formality in the proposing. The Offeror agrees that this proposal shall be good for a period of sixty 60 calendar days after the scheduled closing time for receiving proposals. The undersigned Offeror hereby declares that he has visited the site of the work and has carefully examined the plans, specifications and contract documents pertaining to the work covered by this proposal, and he further agrees to commence work on the date specified in the written notice to proceed, and to substantially complete the work on which he has proposed; as provided in the contract documents. Offerors are required, whether or not a payment or performance bond is required, to submit a cashier's check or certified check issued by a bank satisfactory to the City of Lubbock, or a proposal bond from a reliable surety company, payable without recourse to the order of the City of Lubbock in an amount not less than five percent (5%) of the total amount of the proposal submitted as a guarantee that offeror will enter into a contract, obtain all required insurance policies, and execute all necessary bonds (if required) within ten (10) days after notice of award of the contract to him. Offeror's Initials 218/2021 10:25 AM p. 36 City of Lubbock Bid RFP 21-15772-TF Enclosed with this proposal is a Cashier's Check or Certified Check Enclosed with this proposal is a Cashier's Check or Certified Check for N/A Dollars ($ N/A ) or a Proposal Bond in the sum of Five Percent of Total Bid Amount Dollars ($ 5o/u of bid ), which it is agreed shall be collected and retained by the Owner as liquidated damages in the event the proposal is accepted by the Owner and the undersigned fails to execute the necessary contract documents, insurance certificates, and the required bond (if any) with the Owner within ten (10) business days after the date of receipt of written notification of acceptance of said proposal; otherwise, said check or bond shall be returned to the undersigned upon demand. Offeror understands and agrees that the contract to be executed by Offeror shall be bound and include all contract documents made available to him for his inspection in accordance with the Notice to Offerors. Pursuant to Texas Local Government Code 252.043(g), a competitive sealed proposal that has been opened may not be changed for the purpose of correcting an error in the proposal price. THEREFORE, ANY CORRECTIONS TO THE PROPOSAL PRICE MUST BE MADE ON THE PROPOSAL SUBMITTAL FORM PRIOR TO PROPOSAL OPENING. (Seal if Offeror is a Corporation) ATTEST: Z o 4 S c tary Joshua owen, Assistant Secretary Offeror acknowledges receipt of the following addenda: Addenda No. Date Addenda No. Date Addenda No. Date Addenda No. Date Date: February 25, 2021 Authorized Signature Nathan Niemann, Project Manage_ r (Printed or Typed Name) Intermountain Slurry Seal, Inc. Company 1000 North Warm Springs Road Address Salt lake City Salt Lake City, County Utah 84116 State Zip Code Telephone: 801 - 532-8200 Fax: 469 - 635-6054 Email: nathan.niemann cr.gcine.com FEDERAL TAX ID or SOCIAL SECURITY No. 87-0307259 M/WBE Finn: woman Black American Native American Hispanic American Asian Pacific American Other (Specify) 218/2021 10:25 AM p. 37 CERTIFICATE OF INTERESTED PARTIES FORM 1295 1of1 Complete Nos. 1 - 4 and 6 if there are interested parties. OFFICE USE ONLY Complete Nos. 1, 2, 3, 5, and 6 if there are no interested parties. CERTIFICATION OF FILING Certificate Number: 1 Name of business entity filing form, and the city, state and country of the business entity's place of business. 2021-736162 Intermountain Slurry Seal, Inc. LEWISVILLE, TX United States Date Filed: 04/08/2021 2 Name of governmental entity or state agency that is a party to the contract for which the farm is being filed. City of Lubbock, TX Date Acknowledged: 3 Provide the identification number used by the governmental entity or state agency to track or identify the contract, and provide a description of the services, goods, or other property to be provided under the contract. RFP 21-15772-TF Micro -surfacing and Scrub Seal 4 Name of Interested Party City, State, Country (place of business) Nature of interest (check applicable) Controlling I Intermediary 5 Check only if there is NO Interested Party. F1 x 6 UNSWORN DECLARATION My name is _AQ&" $ o Wtl P4 _ and my date of birth is _ My address is 7+g/ aL -F _TX Z5P,r,'L- .(15.4 (street) (city) (state) (zip code) (country) I declare under penalty of perjury that the foregoing is true and correct. Executed in County, State of TEX 1+ on the a r *day of 4?A• i L . 20 (month) (year) A. Signature I a thorized agent of contracting business entity (Declarant) Forms provided by Texas Ethics Commission www.ethics.state.tx.us Version V1.1.ceffd98a CERTIFICATE OF INTERESTED PARTIES FORM 1295 1 of 1 Complete Nos. 1 - 4 and 6 if there are interested parties. OFFICE USE ONLY Complete Nos. 1, 2, 3, 5, and 6 if there are no interested parties. CERTIFICATION OF FILING Certificate Number: 1 Name of business entity filing form, and the city, state and country of the business entity's place of business. 2021-736162 Intermountain Slurry Seal, Inc. LEWISVILLE, TX United States Date Filed: 04/08/2021 2 Name of governmental entity or state agency that is a party to the contract for which the form is being filed. City of Lubbock, TX Date Acknowledged: 04/13/2021 3 Provide the identification number used by the governmental entity or state agency to track or identify the contract, and provide a description of the services, goods, or other property to be provided under the contract. RFP 21-15772-TF Micro -surfacing and Scrub Seal 4 Name of Interested Party City, State, Country (place of business) Nature of interest (check applicable) Controlling Intermediary 5 Check only if there is NO Interested Party. ❑ X 6 UNSWORN DECLARATION My name is and my date of birth is My address is (street) (city) (state) (zip code) (country) I declare under penalty of perjury that the foregoing is true and correct. Executed in County, State of on the day of , 20 (month) (year) Signature of authorized agent of contracting business entity (Declarant) Forms provided by Texas Ethics Commission www.ethics.state.tx.us Version V1.1.ceffd98a BOND CHECK BEST RATING LICENSED IN TEXAS DATE BY: CONTRACT AWARD DATE: April 13, 2021 CITY OF LUBBOCK SPECIFICATIONS FOR Micro -Surfacing RFP 21-15772-TF CONTRACT: 15772 PROJECT NUMBER: 92697.9240.30000 Plans & Specifications may be obtained from Bidsync.com City of 1 ' bb o cn TEXAS CITY OF LUBBOCK Lubbock, Texas Pate Intentionally Left Blank City of Lubbock Bid RFP 21-15772-TF City of Lubbock, TX Purchasing and Contract Management Contractor Checklist for RFP 21-15772-TF Micro -Surfacing I. Carefully read and understand the plans and specifications and properly complete the BID SUBMITTAL FORM. Signatures must be original, in blue or black ink, and by hand. 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 below. The bidder MUST submit his bid on forms furnished by the City, and all blank spaces in the form shall be correctly filled in, stating the price in 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 unit price and the extended total for a bid item, the unit price will be taken. A bid that has been opened may not be changed for the purpose of correcting an error in the bid price. Include corporate seal and Secretary's signature. Identify addenda received (if any). Include firm's FEDERAL, TAX ID number or Owner's SOCIAL / SECURITY number. 2. •/ Include BID BOND or CASHIER'S OR CERTIFIED CHECK as your bid surety. Failure to provide a bid surety WILL result in automatic rejection of your bid. 3. Complete CITY OF LUBBOCK REFERENCE FORM. 4. Complete and sign the CITY OF LUBBOCK INSURANCE REQUIREMENT AFFIDAVIT. Contractor's signature must be original. 5. +l*' Complete CONTRACTOR'S STATEMENT OF QUALIFICATIONS 6. v'— Clearly mark the bid number, title, due date and time and your company name and address on the outside of the envelope or container. 7. Ensure your bid is RECEIVED by the City of Lubbock Purchasing and Contract Management Office prior to the deadline. Late bids will not be accepted. 8. V"_ Complete and sign the SAFETY RECORD QUESTIONNAIRE. All "YES" responses must be explained in detail and submitted with Bid. 9. Complete and sign the SUSPENSION AND DEBARMENT CERTIFICATION. Include firr,r's FEDERAL TAX ID number or Owner's SOCIAL SECURITY number. 10. V,""_ Complete and submit the CONFLICT OF INTEREST QUESTIONNAIRE. 11. Chapter 2270 Prohibition on Contracts with Companies Boycotting Israel 12. Complete and submit the LIST OF SUB -CONTRACTORS. DOCUMENTS REQUIRED WITHIN SEVEN BUSINESS DAYS AFTER CLOSING: 13. Complete and submit the FINAL LIST OF SUB -CONTRACTORS. DOCUMENTS REQUIRED BEFORE CONTRACT IS FINALIZED: 14. kZ Please acknowledge and submit the ONLINE DISCLOSURE OF INTERESTED PARTIES FORM 1295 within the specified time according to Texas Government Code 2252.908 using the Texas Ethics Commission website. FAILURE TO PROVIDE ANY OF THE ABOVE MAY RESULT IN YOUR BID BEING DEEMED NON- RESPONSIVE AND, THEREFORE, NOT FURTHER EVALUATED. PLEASE INCLUDE THIS COMPLETED PAGE AS THE FIRST PAGE OF YOUR BID SUBMITTAL. Intermountain Slurry Seal, Inc. (Type or Print Company Name) 218/2021 10 25 AM p 6 Pate Intentionally Left Blank INDEX 1. NOTICE TO OFFERORS 2. GENERAL INSTRUCTIONS TO OFFERORS 3. TEXAS GOVERNMENT CODE § 2269 4. PROPOSAL SUBMITTAL FORM — (must be submitted by published due date & time) 4-1. UNIT PRICE PROPOSAL SUBMITTAL FORM 4-2. CITY OF LUBBOCK REFERENCE FORM 4-3. CONTRACTOR'S STATEMENT OF QUALIFICATIONS 4-4. CITY OF LUBBOCK INSURANCE REQUIREMENT AFFIDAVIT 4-5. SAFETY RECORD QUESTIONNAIRE 4-6. SUSPENSION AND DEBARMENT CERTIFICATION 4-7. PROHIBITION ON CONTRACTS WITH COMPANIES BOYCOTTING ISRAEL VERIFICATION 4-8. PROPOSED LIST OF SUB -CONTRACTORS 5. POST -CLOSING DOCUMENT REQUIREMENTS — (to be submitted no later than seven business days after the close date when proposals are due) 5-1. FINAL LIST OF SUB -CONTRACTORS 6. PAYMENT BOND 7. PERFORMANCE BOND 8. CERTIFICATE OF INSURANCE 9. CONTRACT 10. CONFLICT OF INTEREST QUESTIONNAIRE CHAPTER 176 11. CHAPTER 46. DISCLOSURE OF INTERESTED PARTIES 12. GENERAL CONDITIONS OF THE AGREEMENT 13. CITY OF LUBBOCK WAGE DETERMINATIONS 14. SPECIAL CONDITIONS (IF APPLICABLE) 15. SPECIFICATIONS Page Intentionally Left Blank NOTICE TO OFFERORS Pate Intentionally Left Blank Notice to Offerors RFP 21-15772-TF Sealed proposals addressed to Marta Alvarez, Director of Purchasing and Contract Management, City of Lubbock, Texas, will be received in the office of the Director of Purchasing and Contract Management, Citizens Tower, 1314 Avenue K, Floor 9, Lubbock, Texas, 79401, until 2:00 PM on February 25, 2021, 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: Micro -Surfacing After the expiration of the time and date above first written, said sealed proposals will be opened in the office of the Director of Purchasing and Contract Management and publicly read aloud. It is the sole responsibility of the proposer to ensure that his proposal is actually in the office of the Director of Purchasing and Contract Management for the City of Lubbock, before the expiration of the date above first written. The Contractor is only required to submit one original copy of every item listed on the Contractor Checklist in the proposal submittal. Proposals are due at 2:00 PM on February 25, 20211 and the City of Lubbock City Council will consider the proposals on March 23, 2021, at the Citizens Tower, 1314 Avenue K, Lubbock, Texas, or as soon thereafter as may be reasonably convenient, subject to the right to reject any or all proposals and waive any formalities. The successful proposer 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 proposer 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 $50,000. Said statutory bonds shall be issued by a company carrying a current Best Rating of "A" or better. THE BONDS MUST BE IN A FORM ACCEPTABLE TO THE CITY ATTORNEY. NO WORK ON THE CONTRACT SHOULD COMMENCE BEFORE THE BONDS ARE PROVIDED AND APPROVED. Offerors are required, whether or not a payment or performance bond is required, to submit a cashier's or certified check issued by a bank satisfactory to the City of Lubbock, or a proposal bond from a reliable surety company, payable without recourse to the order of the City of Lubbock in an amount not less than 5% of the total amount of the proposal submitted as a guarantee that proposer will enter into a contract and execute all necessary bonds within ten (10) business days after notice of award of the contract to the Offeror. FAILURE OF THE PROPOSER TO INCLUDE PROPOSAL SECURITY WITH THE PROPOSAL SUBMITTAL SHALL CONSTITUTE A NON -RESPONSIVE PROPOSAL AND RESULT IN DISQUALIFICATION OF THE PROPOSAL SUBMITTAL. Copies of plans and specifications may be obtained at bidder's expense from the City of Lubbock Purchasing and Contract Management office. Plans and specifications can be viewed online and downloaded from http://www.bidsygc.com at no cost. In the event of a large file size, please be patient when downloading or viewing. BUSINESSES WITHOUT INTERNET ACCESS may use computers available at most public libraries. It shall be each proposer's sole responsibility to inspect the site of the work and to inform Offeror 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 proposal submitted. There will be a non -mandatory pre -proposal conference on February 16, 2021, at 10:00AM. The Zoom meeting information is as follows: Website: https://us02web.zoom.us/j/6483694845?pwd=RGhYOWdwa2RRWGhBaHdORXZOZF16Zz09 Meeting ID: 648 369 4845 Passcode: 1314 Attention of each proposer 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 and Contract Management Office of the City of Lubbock, which document is specifically referred to in this notice to offerors. Each offerors attention is further directed to Texas Government Code, Chapter 2258, Prevailing Wage Rates, 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 offerors that in regard to any contract entered into pursuant to this advertisement, minority and women business enterprises will be afforded equal opportunities to submit proposals 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 -proposal meetings and proposal openings are available to all persons regardless of disability. If you require special assistance, please contact the Purchasing and Contract Management Office at (806) 775-2572 write to Post Office Box 2000, Lubbock, Texas 79457 at least 48 hours in advance of the meeting. CITY OF LUBBOCK, .Marta .ACvarez Marta Alvarez DIRECTOR OF PURCHASING & CONTRACT MANAGEMENT GENERAL INSTRUCTIONS TO OFFERORS Pate Intentionally Left Blank GENERAL INSTRUCTIONS TO OFFERORS PROPOSAL DELIVERY, TIME & DATE The City of Lubbock is seeking written and sealed competitive proposals to furnish Micro -Surfacing per the attached specifications and contract documents. Sealed proposals will be received no later than 2:00 PM, February 25, 2021, at the office listed below. Proposals will be opened via teleconference if date/time stamped on or before 2:00 p.m. CST at the office listed below. The Zoom meeting information is as follows: Website: httas://us02web.zoom.us/i/6483694845?owd=RGhYOWdwa2RRWGhBaHdORXZOZF16ZzO9 Meeting ID: 648 369 4845 Passcode: 1314 Any proposal received after the date and hour specified will be rejected and returned unopened to the proposer. Each proposal and supporting documentation must be in a sealed envelope or container plainly labeled in the lower left-hand corner: "RFP 21-15772-TF, Micro -Surfacing" and the proposal opening date and time. Offerors must also include their company name and address on the outside of the envelope or container. Proposals must be addressed to: Marta Alvarez, Director of Purchasing and Contract Management City of Lubbock 1314 Avenue K, Floor 9 Lubbock, Texas 79401 1.1 Offerors are responsible for making certain proposals are delivered to the Purchasing and Contract Management Office. Mailing of a proposal does not ensure that it will be delivered on time or delivered at all. If proposer does not hand deliver proposal, we suggest that he/she use some sort of delivery service that provides a receipt. 1.2 Proposals may be delivered in person, by United States Mail, by United Parcel Service, or by private courier service. Only written proposals submitted in conformance with the Instruction to Offerors will be considered responsive and evaluated for award of a Contract. 1.3 Please submit one original and one electronic copy of the response, including all required forms and applicable supporting documentation, as required. Failure to submit the required number of copies may result in the proposal being declared unresponsive. The original must be clearly marked "ORIGINAL". • Electronic responses must be submitted not later than 2:00 p.m. CST on February 25, 2021, through BidSvnc.com or via email submission to: TKFlores(&mylubbock.us before the deadline. Please allow time to upload. Any submissions received after the date and hour specified will be rejected. • Original documents require submission by March 4, 2021, at 5:00 p.m. The response must be inside a sealed envelope or container when submitted. The response material must be addressed and delivered to: City of Lubbock Marta Alvarez, Director of Purchasing and Contract Management Office 1314 Avenue E, Floor 9 Lubbock, TX 79401 The outside of the envelope or container must state: RFP 21-15772-TF, Micro -Surfacing Submittals received later than the above date and time may be rejected and returned unopened. 1.4 The City of Lubbock reserves the right to postpone the date and time for opening proposals through an addendum. 2 PRE -PROPOSAL MEETING 2.1 For the purpose of familiarizing offerors with the requirements, answering questions, and issuing addenda as needed for the clarification of the Request for Proposals (RFP) documents, a non - mandatory pre -proposal conference will be held at 10:00AM, February 16, 2021, via teleconference. The Zoom meeting information is as follows: Website: https://us02web.zoom.us/j/6483694845?pwd=RGhYOWdwa2RRWGhBaHdORXZOZF16ZzO9 Meeting ID: 648 369 4845 Passcode: 1314 All persons attending the meeting will be asked to identify themselves and the prospective proposer they represent. 2.2 It is the proposer's responsibility to attend the pre -proposal meeting though the meeting is not mandatory. The City will not be responsible for providing information discussed at the pre - proposal meeting to offerors who do not attend the pre -proposal meeting. ADDENDA & MODIFICATIONS 3.1 Any changes, additions, or clarifications to the REP are made by ADDENDA information available over the Internet at www.bidsync.com. We strongly suggest that you check for any addenda a minimum of forty-eight hours in advance of the response deadline. BUSINESSES WITHOUT INTERNET ACCESS may use computers available at most public libraries. 3.2 Any proposer in doubt as to the true meaning of any part of the specifications or other documents may request an interpretation thereof from the Director of Purchasing and Contract Management. At the request of the proposer, or in the event the Director of Purchasing and Contract Management deems the interpretation to be substantive, the interpretation will be made by written addendum issued by the Purchasing and Contract Management. Such addenda issued by the Purchasing and Contract Management Office will be available over the Internet at http://www.bidsync.com and will become part of the proposal package having the same binding effect as provisions of the original RFP. NO VERBAL EXPLANATIONS OR INTERPRETATIONS WILL BE BINDING. In order to have a request for interpretation considered, the request must be submitted in writing and must be received by the City of Lubbock Purchasing and Contract Management Office no later than five (5) calendar days before the proposal closing date. 3.3 All addenda, amendments, and interpretations of this solicitation shall be in writing. The City of Lubbock shall not be legally bound by any explanation or interpretation that is not in writing. Only information supplied by the City of Lubbock Purchasing and Contract Management Office in writing or in this RFP should be used in preparing proposal responses. All contacts that a proposer 2 may have had before or after receipt of this RFP with any individuals, employees, or representatives of the City and any information that may have been read in any news media or seen or heard in any communication facility regarding this proposal should be disregarded in preparing responses. 3.4 The City does not assume responsibility for the receipt of any addendum sent to offerors. 4 EXAMINATION OF DOCUMENTS AND REQUIREMENTS 4.1 Each proposer shall carefully examine all RFP documents and thoroughly familiarize itself with all requirements before submitting a proposal to ensure that their proposal meets the intent of these specifications. 4.2 Before submitting a proposal, each proposer shall be responsible for making all investigations and examinations that are necessary to ascertain conditions and requirements affecting the requirements of this Request for Proposals. Failure to make such investigations and examinations shall not relieve the proposer from obligation to comply, in every detail, with all provisions and requirements of the Request for Proposals. 4.3 Notices of any discrepancies or omissions in these plans, specifications, or contract documents, shall be given to the Director of Purchasing and Contract Management and a clarification obtained before the proposals are received, and if no such notice is received by the Director of Purchasing and Contract Management prior to the opening of proposals, then it shall be deemed that the proposer fully understands the work to be included and has provided sufficient sums in its proposal to complete the work in accordance with these plans and specifications. If proposer does not notify the Director of Purchasing and Contract Management before offering 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 proposals. PROPOSAL PREPARATION COSTS 5.1 Issuance of this RFP does not commit the City of Lubbock, in any way, to pay any costs incurred in the preparation and submission of a proposal. 5.2 The issuance of this RFP does not obligate the City of Lubbock to enter into contract for any services or equipment. 5.3 All costs related to the preparation and submission of a proposal shall be paid by the proposer. 6 TRADE SECRETS, CONFIDENTIAL INFORMATION AND THE TEXAS PUBLIC INFORMATION ACT 6.1 If you consider any portion of your proposal to be privileged or confidential by statute or judicial decision, including trade secrets and commercial or financial information, clearly identify those portions. 6.2 Proposals will be opened in a manner that avoids disclosure of the contents to competing offerors and keeps the proposals secret during negotiations. All proposals are open for public inspection after the contract is awarded, but trade secrets and confidential information in the proposals are not open for inspection. Tex. Loc. Govt. Code 252.049(a) 6.3 Marking your entire proposal CONFIDENTIAL/PROPRIETARY is not in conformance with the Texas Public Information Act. 6.4 Pursuant to Section 552.234(c) of the Texas Government Code, the City of Lubbock has designated the following email address for which public information requests may be made by an emailed request: orrgmylubbock.us. Please send this request to this email address for it to be processed. 6.5 For more information, please see the City of Lubbock Public Information Act website at: https://ci.lubbock.tx.us/pages/public-information-act 7 LICENSES, PERMITS, TAXES The price or prices for the work shall include full compensation for all taxes, permits, etc. that the proposer is or may be required to pay. 8 UTILIZATION OF LOCAL BUSINESS RESOURCES Prospective offerors are strongly encouraged to explore and implement methods for the utilization of local resources, and to outline in their proposal submittal how they would utilize local resources. 9 CONFLICT OF INTEREST 9.1 The proposer shall not offer or accept gifts or anything of value nor enter into any business arrangement with any employee, official or agent of the City of Lubbock. 9.2 By signing and executing this proposal, the proposer certifies and represents to the City the offeror has not offered, conferred or agreed to confer any pecuniary benefit or other thing of value for the receipt of special treatment, advantage, information, recipient's decision, opinion, recommendation, vote or any other exercise of discretion concerning this proposal. 10 CONTRACT DOCUMENTS 10.1 All work covered by the contract shall be done in accordance with contract documents described in the General Conditions. 10.2 All offerors shall be thoroughly familiar with all of the requirements set forth on the contract documents for the construction of this project and shall be responsible for the satisfactory completion of all work contemplated by said contract documents. 11 PLANS FOR USE BY OFFERORS It is the intent of the City of Lubbock that all parties with an interest in submitting a proposal on the project covered by the contract documents be given a reasonable opportunity to examine the documents and prepare a proposal without charge. The contract documents may be examined without charge as noted in the Notice to Offerors. 12 PROPOSER INQUIRIES AND CLARIFICATION OF REQUIREMENTS 12.1 It is the intent and purpose of the City of Lubbock that this request permits competitive proposals. It shall be the offerors responsibility to advise the Director of Purchasine and Contract Management if anv lanivaue. reauirements. etc.. or anv combinations thereof, inadvertently restricts or limits the requirements stated in this RFP to a single source. Such notification must be submitted in writing and must be received by the City Purchasing and Contract Management 4 Office no later than five (5) calendar days before the proposal closing date. A review of such notifications will be made. 12.2 NO PROPOSER SHALL REQUEST ANY INFORMATION VERBALLY. ALL REQUESTS FOR ADDITIONAL INFORMATION OR CLARIFICATION CONCERNING THIS REQUEST FOR PROPOSALS (RFP) MUST BE SUBMITTED IN WRITING NO LATER THAN FIVE (5) CALENDAR DAYS PRIOR TO THE PROPOSAL CLOSING DATE AND ADDRESSED TO: Teofilo Flores, Asst. Director City of Lubbock Purchasing and Contract Management Office 1314 Avenue K, Floor 9, Lubbock, Texas, 79401 Fax:806-775-2164 Email: TKFlores(cr�mylubbock.us Bidsync: www.bidsyne.com 13 TIME AND ORDER FOR COMPLETION 13.1 The construction covered by the contract documents shall be substantially completed within 90 Consecutive Calendar Days from the date specified in the Notice to Proceed issued by the City of Lubbock to the successful proposer. 13.2 The Contractor will be permitted to prosecute the work in the order of his own choosing, provided, however, the City reserves the right to require the Contractor to submit a progress schedule of the work contemplated by the contract documents. In the event the City requires a progress schedule to be submitted, and it is determined by the City that the progress of the work is not in accordance with the progress schedule so submitted, the City may direct the Contractor to take such action as the City deems necessary to ensure completion of the project within the time specified. 13.3 Upon receipt of notice to proceed, and upon commencement of the work, the Contractor shall ensure daily prosecution of the work is conducted every business day until the work is completed, regardless if the work will be substantially or finally complete ahead of specified deadlines in the agreement, unless the City determines time off from said prosecution is necessary or reasonable and Contractor received said determination in writing from the City. Additionally, inclement weather shall be the only other reason consistent, daily prosecution of the work may not take place on those inclement weather days. 14 PAYMENT All payments due to Contractor shall be made in accordance with the provisions of the General Conditions of the contract documents. 15 AFFIDAVITS OF BILLS PAID The City of Lubbock reserves the right, prior to final acceptance of this project to require the Contractor to execute an affidavit that all bills for labor, materials and incidentals incurred in the construction of the improvements contemplated by the contract documents have been paid in full and that there are no claims pending, of which the Contractor has been notified. 16 MATERIALS AND WORKMANSHIP The intent of these contract documents is that only materials and workmanship of the best quality and grade will be furnished. The fact that the specifications may fail to be sufficiently complete in some detail will not relieve the Contractor of full responsibility for providing materials of high quality and for protecting them adequately until incorporated into the project. The presence or absence of a representative of the City on the site will not relieve the Contractor of full responsibility of complying with this provision. The specifications for materials and methods set forth in the contract documents provide minimum standards of quality, which the Owner believes necessary to procure a satisfactory project. 17 GUARANTEES 17.1 All equipment and materials incorporated in the project and all construction shall be guaranteed against defective materials and workmanship. Prior to final acceptance, the Contractor shall furnish to the Owner, a written general guarantee which shall provide that the Contractor shall remedy any defects in the work, and pay for any and all damages of any nature whatsoever resulting in such defects, when such defects appear within TWO years from date of final acceptance of the work as a result of defective materials or workmanship, at no cost to the Owner (City of Lubbock). 17.2 Notwithstanding any provisions contained in the contractual agreement, the Contractor represents and warrants fault -free performance and fault -free result in the processing date and date -related data (including, but not limited to calculating, comparing and sequencing) of all hardware, software and firmware products delivered and services provided under this Contract, individually or in combination, as the case may be from the effective date of this Contract. Also, the Contractor warrants calculations will be recognized and accommodated and will not, in any way, result in hardware, software or firmware failure. The City of Lubbock, at its sole option, may require the Contractor, at any time, to demonstrate the procedures it intends to follow in order to comply with all the obligations contained herein. 17.3 The obligations contained herein apply to products and services provided by the Contractor, its sub -contractor or any third party involved in the creation or development of the products and services to be delivered to the City of Lubbock under this Contract. Failure to comply with any of the obligations contained herein, may result in the City of Lubbock availing itself of any of its rights under the law and under this Contract including, but not limited to, its right pertaining to termination or default. 17.4 The warranties contained herein are separate and discrete from any other warranties specified in this Contract, and are not subject to any disclaimer of warranty, implied or expressed, or limitation to the Contractor's liability which may be specified in this Contract, its appendices, its schedules, its annexes or any document incorporated in this Contract by reference. 18 PLANS FOR THE CONTRACTOR The contractor will, upon written request, be furnished up to a maximum of five sets of plans and specifications and related contract documents for 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. 0 19 PROTECTION OF THE WORK The Contractor shall be responsible for the care, preservation, conservation, and protection of all materials, supplies, machinery, equipment, tools, apparatus, accessories, facilities, and all means of construction, and any and all parts of the work whether the Contractor has been paid, partially paid, or not paid for such work, until the date the City issues its certificate of completion to Contractor. The City reserves the right, after the proposals have been opened and before the contract has been awarded, to require of a proposer the following information: (a) The experience record of the proposer 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 proposer. (c) Equipment schedule. 20 TEXAS STATE SALES TAX 20.1 This contract is issued by an organization which qualifies for exemption provisions pursuant to provisions of Article 20.04 of the Texas Limited Sales, Excise and Use Tax Act. 20.2 The Contractor must obtain a limited sales, excise and use tax permit which shall enable him to buy the materials to be incorporated into the work without paying the tax at the time of purchase. 21 PROTECTION OF SUBSURFACE LINES AND STRUCTURES It shall be the Contractor's responsibility to prosecute the work contemplated by the contract documents in such a way as to exercise due care to locate and prevent damage to all underground pipelines, utility lines, conduits or other underground structures which might or could be damaged by Contractor during the construction of the project contemplated by these contract documents. The City of Lubbock agrees that it will furnish Contractor the location of all such underground lines and utilities of which it has knowledge. However, such fact shall not relieve the Contractor of his responsibilities aforementioned. All such underground lines or structures, both known and unknown, 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, and/or the owning utility at the Contractor's expense. 22 BARRICADES AND SAFETY MEASURES The contractor shall, at his own expense, furnish and erect such barricades, fences, lights and danger signals, and shall take such other precautionary measures for the protection of persons, property and the work as may be necessary. The Contractor will be held responsible for all damage to the work due to failure of barricades, signs, and lights to protect it, and when damage is incurred, the damaged portion shall be immediately removed and replaced by Contractor at his own cost and expense. The Contractor's responsibility for maintenance of barricades, signs, and lights shall not cease until the date of issuance to Contractor of City's certificate of acceptance of the project. 23 EXPLOSIVES 23.1 The use of explosives will not be permitted 23.2 Explosive materials shall not be stored or kept at the construction site by the Contractor. 24 CONTRACTOR'S REPRESENTATIVE The successful proposer shall be required to have a responsible local representative available at all times while the work is in progress under this contract. The successful proposer shall be required to furnish the name, address and telephone number where such local representative may be reached during the time that the work contemplated by this contract is in progress. 25 INSURANCE 25.1 The Contractor shall not commence work under this contract until he has obtained all insurance as required in the General Conditions of the contract documents, from an underwriter authorized to do business in the State of Texas and satisfactory to the City. Proof of coverage shall be furnished to the City and written notice of cancellation or any material change will be provided ten (10) days in advance of cancellation or change. All policies shall contain an agreement on the part of the insurer waiving the right to subrogation. The Contractor shall procure and carry at his sole cost and expense through the life of this contract, insurance protection as hereinafter specified. Coverage in excess of that specified herein also shall be acceptable. Such insurance shall be carried with an insurance company authorized to transact business in the State of Texas and shall cover all operations in connection with this contract, whether performed by the Contractor or a subcontractor, or separate policies shall be provided covering the operation of each subcontractor. A certificate of insurance specifying each and all coverages shall be submitted before contract execution. 26 LABOR AND WORKING HOURS 26.1 Attention of each proposer is particularly called to the schedule of general prevailing rate of per diem wages included in these contract documents. The wage rate that must be paid on this project shall not be less than specified in the schedule of general prevailing rates of per diem wages as above mentioned. The proposer' attention is further directed to the requirements of Texas Government Code, Chapter 2258, Prevailing Wage Rates, providing for the payment of the wage schedules above mentioned and the proposer's obligations thereunder. The inclusion of the schedule of general prevailing rate of per diem wages in the 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 Sundays or holidays unless the following conditions exist: 26.1.1 The project being constructed is essential to the City of Lubbock's ability to provide the necessary service to its citizens. 26.1.2 Delays in construction are due to factors outside the control of the Contractor. The Contractor is approaching the penalty provisions of the contract and Contractor can show he has made a diligent effort to complete the contract within the allotted time. 26.2 Before construction work requiring an inspector is to be performed on Sundays 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 Sundays or holidays will be made by the Owner's Representative. 26.3 In any event, if a condition should occur or arise at the site of this project or from the work being done under this contract which is hazardous or dangerous to property or life, the Contractor shall immediately commence work, regardless of the day of the week or the time of day, to correct or alleviate such condition so that it is no longer dangerous to property or life. 27 PAYMENT OF EMPLOYEES AND FILING OF PAYROLLS The contractor and each of his subcontractors shall pay each of his employees engaged in work on the project under this contract in full (less mandatory legal deductions) in cash, or by check readily cashable without discount, not less often than once each week. The Contractor and each of his subcontractors shall keep a record showing the name and occupation of each worker employed by the Contractor or subcontractor in the construction of the public work and the actual per diem wages paid to each worker. This record shall be open at all reasonable hours to inspection by the officers and agents of the City. 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, sixty dollars for each laborer, workman, or mechanic employed for each calendar day, or portion thereof, such laborer, workman or mechanic is paid less than the wages assigned to his particular classification as set forth in the schedule of general prevailing rate of per diem wages included in these contract documents. 28 PROVISIONS CONCERNING ESCALATION CLAUSES Proposals submitted containing any conditions which provide for changes in the stated proposal 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 proposer without being considered. 29 PREPARATION FOR PROPOSAL 29.1 The bidder shall submit his bid on forms furnished by the City, and all blank spaces in the form shall be correctly filled in, stating the price in 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 unit price and the extended total for a bid item, the unit price will be taken. A bid that has been opened may not be changed for the purpose of correcting an error in the bid price. 29.2 If the proposal is submitted by an individual, his name must be signed by him or his duly authorized agent. If a proposal is submitted by a firm, association, or partnership, the name and address of each member must be given and the proposal signed by a member of the firm, association or partnership, or person duly authorized. If the proposal is submitted by a company or corporation, the company or corporate name and business address must be given, and the proposal signed by an official or duly authorized agent. Powers of attorney authorizing agents or others to sign proposals must be properly certified and must be in writing and submitted with the proposal. The proposal shall be executed in ink. 29.3 Each proposal shall be enclosed in a sealed envelope, addressed as specified in the Notice to Offerors, and endorsed on the outside of the envelope in the following manner: 29.3.1 Proposer's name_ 29.3.2 Proposal "RFP 21-15772-TF Micro -Surfacing" Proposal submittals may be withdrawn and resubmitted at any time before the time set for opening of the proposals, but no proposal may be withdrawn or altered thereafter. 9 30 31 29.5 Pursuant to Texas Local Government Code 252.043(g), a competitive sealed proposal that has been opened may not be changed for the purpose of correcting an error in the proposal price. THEREFORE, ANY CORRECTIONS TO THE PROPOSAL PRICE MUST BE MADE ON THE PROPOSAL SUBMITTAL FORM PRIOR TO PROPOSAL OPENING. BOUND COPY OF CONTRACT DOCUMENTS Proposer understands and agrees that the contract to be executed by proposer shall be bound and include the following: (a) Notice to Offerors. (b) General Instructions to Offerors. (c) Proposer's Submittal Form. (d) Statutory Bonds (if required). (e) Contract Agreement. (f) General Conditions. (g) Special Conditions (if any). (h) Specifications. (i) Insurance Certificates for Contractor and all Sub -Contractors. (j) All other documents made available to proposer for his inspection in accordance with the Notice to Offerors. If Plans and Specifications are too bulky or cumbersome to be physically bound, they are to be considered incorporated by reference into the aforementioned contract documents. QUALIFICATIONS OF OFFERORS The proposer 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 proposer may also be required to give a past history and references in order to satisfy the City of Lubbock about the proposer's qualifications. The City of Lubbock may make reasonable investigations deemed necessary and proper to determine the ability of the proposer to perform the work, and the proposer shall furnish to the City of Lubbock all information for this purpose that may be requested. The proposer's proposal may be deemed not to meet specifications or the proposal may be rejected if the evidence submitted by, or investigation of, the proposer fails to satisfy the City of Lubbock that the proposer is properly qualified to carry out the obligations of the contract and to complete the work described therein. Evaluation of the proposer's qualifications shall include but not be limited to: (a) The ability, capacity, skill, and financial resources to perform the work or provide the service required. (b) The ability of the proposer to perform the work or provide the service promptly or within the time specified, without delay or interference. (c) The character, integrity, reputation, judgment, experience, and efficiency of the proposer. (d) The quality of performance of previous contracts or services. 10 (e) The safety record of the Contractor and proposed Sub -Contractors (f) The experience and qualifications of key project personnel (g) Past experience with the Owner Before contract award, the recommended contractor for this project may be required to show that he has experience with similar projects that require the Contractor to plan his work efforts and equipment needs with City of Lubbock specifications in mind. Demonstration of experience shall include a complete list of ALL similar municipal and similar non -municipal current and completed projects for the past five (5) years for review. This list shall include the names of supervisors and type of equipment used to perform work on these projects. In addition, the Contractor may be required to provide the name(s) of supervisor(s) that will be used to perform work on this project in compliance with City of Lubbock specifications herein. 32 BASIS OF PROPOSALS AND SELECTION CRITERIA The City uses the Competitive Sealed Proposals procurement method as authorized by the Texas Legislature and further defined by Texas Government Code Section 2269. The Maximum Point value is equal to 100 points. The weight factor is 60 points for Price, 30 points for Contractor Qualifications, 5 points for Safety Record Questionnaire, and 5 points for Construction Time. The selection criteria used to evaluate each proposal includes the following: 32.1 60 POINTS - PRICE: The quality of Offerors is not judged solely by a low initial cost proposal or, conversely, eliminated solely because of a high initial cost proposal. The following is the formula used when determining price as a factor for construction contract proposals. The lowest proposal price of all the proposals becomes the standard by which all price proposals are evaluated. One at a time, each proposal is evaluated by taking the lowest proposal price and dividing it by the price of the proposal being evaluated. That fraction is then multiplied by the maximum point value of the price factor for the price score. For Example: (Lowest Price/Current Proposal Price) x Maximum Point Value = Price Score. 32.2 30 POINTS - CONTRACTOR QUALIFICATIONS: When evaluating a contractor's qualifications, the City uses the "Contractor's Statement of Qualifications" attached within and past experience with the contractor. The City may also interview the job superintendent at a time to be named after receipt of proposals. This criterion is subjectively evaluated and the formula is as follows: (Points = Score). Each evaluator assigns points based upon the responses the contractor provides in the "Contractor's Statement of Qualifications" And any past experience with the contractor. The "Contractor's Statement of Qualifications" is a minimum, and you may provide additional pertinent information relevant to the project for which you are submitting this proposal. 32.3 5 POINTS - SAFETY RECORD QUESTIONNAIRE: This criterion is also more subjectively evaluated and the formula is as follows: (Points = Score). Each evaluator assigns points based upon the responses you provide in your "Safety Record Questionnaire" and the Contractors Experience Modification Ratio (EMR). Contractors with an EMR greater than 1.0, as well as those Contractors not submitting EMRs, will receive zero points for this portion of the selection criteria. The City may consider any incidence involving worker safety or safety of Lubbock residents, be it related or caused by environmental, mechanical, operational, supervision or any other cause or factor under the contractor's control. Evaluators base their rating primarily upon how well you 11 document previous offenses with the date of the offense, location where the offense occurred, type of offense, final disposition of the offense, and any penalty assessed as well as the EMR. 32.4 5 POINTS - CONSTRUCTION TIME: This criterion is, as with price, objective and evaluators use the following formula when determining construction time as a factor for construction contract proposals. The lowest construction time proposal of all the proposals becomes the standard by which all the construction time proposals are evaluated. One at a time, each proposal is evaluated by taking the lowest construction time and dividing it by the construction time of the proposal being evaluated. That fraction is then multiplied by the maximum point value of the construction time factor for the construction time score. For example: (Lowest construction time/Current Proposal construction time) x Maximum Point Value = Construction Time Score) 32.5 EVALUATION PROCESS: Evaluators independently review and score each proposal. The Committee meets, during which time the Committee Chairperson totals the individual scores. If the individual scores are similar, the Chairperson averages the scores then ranks offerors accordingly. If the scores are significantly diverse, the Chairperson initiates and moderates discussion to determine the reasons for the differences and ensures that all evaluators are fully knowledgeable of all aspects of the proposals. Scores may then be adjusted by the committee based on committee discussion. Please note that offerors with higher qualifications scores could be ranked higher than offerors with slightly better price scores. 32.6 The estimated budget for the construction phase of this project is $3,500,000. 32.7 Proposals shall be made using the enclosed Proposal Submittal Form. 33 SELECTION 33.1 Selection shall be based on the responsible offeror whose proposal is determined to be the most advantageous to the City of Lubbock considering the relative importance of evaluation factors included in this RFP. 33.2 NO INDIVIDUAL OF ANY USING DEPARTMENT (CITY OF LUBBOCK WATER UTILITIES OR OTHER) HAS THE AUTHORITY TO LEGALLY AND/OR FINANCIALLY COMMIT THE CITY TO ANY CONTRACT, AGREEMENT OR PURCHASE ORDER FOR GOODS OR SERVICES, UNLESS SPECIFICALLY SANCTIONED BY THE REQUIREMENTS OF THIS REQUEST FOR PROPOSAL. 33.3 The City shall select the offeror that offers the best value for the City based on the published selection criteria and on its ranking evaluation. The City shall first attempt to negotiate a contract with the selected offeror. The City and its engineer or architect may discuss with the selected offeror options for a scope or time modification and any price change associated with the modification. If the City is unable to negotiate a contract with the selected offeror, the City shall, formally and in writing, end negotiations with that offeror and proceed to the next offeror in the order of the selection ranking until a contract is reached or all proposals are rejected. 33.4 In determining best value for the City, the City is not restricted to considering price alone, but may consider any other factor stated in the selection criteria. 12 33.5 A proposal will be subject to being considered irregular and may be rejected if it shows omissions, alterations of form, conditional alternate proposals, additions or alternates in lieu of the items specified, if the unit prices are obviously unbalanced (either in excess of or below reasonably expected values), or irregularities of any kind. 34 ANTI -LOBBYING PROVISION 34.1 DURING THE PERIOD BETWEEN PROPOSAL SUBMISSION DATE AND THE CONTRACT AWARD, PROPOSERS, INCLUDING THEIR AGENTS AND REPRESENTATIVES, SHALL NOT DISCUSS OR PROMOTE THEIR PROPOSAL WITH ANY MEMBER OF THE LUBBOCK CITY COUNCIL OR CITY STAFF EXCEPT UPON THE REQUEST OF THE CITY OF LUBBOCK PURCHASING DEPARTMENT IN THE COURSE OF CITY -SPONSORED INQUIRIES, BRIEFINGS, INTERVIEWS, OR PRESENTATIONS. 34.2 This provision is not meant to preclude bidders from discussing other matters with City Council members or City staff. This policy is intended to create a level playing field for all potential bidders, assure that contract decisions are made in public, and to protect the integrity of the bid process. Violation of this provision may result in rejection of the bidder's bid. 35 PROTEST 35.1 All protests regarding the RFP process must be submitted in writing to the City Director of Purchasing and Contract Management within 5 working days after the protesting party knows of the occurrence of the action which is protested relating to advertising of notices deadlines, proposal opening and all other related procedures under the Local Government Code, as well as any protest relating to alleged improprieties with the RFP process. This limitation does not include protests relating to staff recommendations as to award of contract. Protests relating to staff recommendations may be directed to the City Manager. All staff recommendations will be made available for public review prior to consideration by the City Council as allowed by law. FAILURE TO PROTEST WITHIN THE TIME ALLOTTED SHALL CONSTITUTE A WAIVER OF ANY PROTEST. 36 PREVAILING WAGE RATES 36.1 Offerors are required to comply with Texas Government Code, Chapter 2258, Prevailing Wage Rates, with respect to the payment of prevailing wage rates for the construction of a public work, including a building, highway, road, excavation, and repair work or other project development or improvement, paid for in whole or in part from public funds, without regard to whether the work is done under public supervision or direction. A worker is employed on a public work if the worker is employed by the contractor or any subcontractor in the execution of the contract for the project. 35.2 A worker employed on a public work by or on behalf of the City of Lubbock shall be paid not less than the general prevailing rate of per diem wages for the work of a similar character in the locality 13 in which the work is performed, and not less than the general prevailing rate of per diem wages for legal holiday and overtime work. 35.3 A contractor or subcontractor who violates Texas Government Code Section 2258.023 shall pay to the City of Lubbock $60 for each worker employed for each calendar day or part of the day that the worker is paid less than the wage rates stipulated in the contract. 14 TEXAS GOVERNMENT CODE & 2269 SUBCHAPTER D. SELECTING CONTRACTOR FOR CONSTRUCTION SERVICES THROUGH COMPETITIVE SEALED PROPOSALS Sec. 2269.151. CONTRACTS FOR FACILITIES: COMPETITIVE SEALED PROPOSALS. (a) In this chapter, "competitive sealed proposals" is a procurement method by which a governmental entity requests proposals, ranks the offerors, negotiates as prescribed, and then contracts with a general contractor for the construction, rehabilitation, alteration, or repair of a facility. (b) In selecting a contractor through competitive sealed proposals, a governmental entity shall follow the procedures provided by this subchapter. Sec. 2269.152. USE OF ARCHITECT OR ENGINEER. The governmental entity shall select or designate an architect or engineer to prepare construction documents for the project. The selected or designated engineer or architect has full responsibility for complying with Chapter 1001 or 1051, Occupations Code, as applicable. If the engineer or architect is not a full-time employee of the governmental entity, the governmental entity shall select the engineer or architect on the basis of demonstrated competence and qualifications as provided by Section 2254.004, Government Code. Sec. 2269.153. PREPARATION OF REQUEST. The governmental entity shall prepare a request for competitive sealed proposals that includes construction documents, selection criteria and the weighted value for each criterion, estimated budget, project scope, estimated project completion date, and other information that a contractor may require to respond to the request. The governmental entity shall state in the request for proposals the selection criteria that will be used in selecting the successful offeror. Sec. 2269.154. EVALUATION OF OFFERORS. (a) The governmental entity shall receive, publicly open, and read aloud the names of the offerors and any monetary proposals made by the offerors. (b) Not later than the 45th day after the date on which the proposals are opened, the governmental entity shall evaluate and rank each proposal submitted in relation to the published selection criteria. Sec. 2269.155. SELECTION OF OFFEROR. (a) The governmental entity shall select the offeror that submits the proposal that offers the best value for the governmental entity based on: (1) the selection criteria in the request for proposal and the weighted value for those criteria in the request for proposal; and (2) its ranking evaluation. (b) The governmental entity shall first attempt to negotiate a contract with the selected offeror. The governmental entity and its architect or engineer may discuss with the selected offeror options for a scope or time modification and any price change associated with the modification. (c) If the governmental entity is unable to negotiate a satisfactory contract with the selected offeror, the governmental entity shall, formally and in writing, end negotiations with that offeror and proceed to the next offeror in the order of the selection ranking until a contract is reached or all proposals are rejected. In determining best value for the governmental entity, the governmental entity is not restricted to considering price alone, but may consider any other factor stated in the selection criteria. Page Intentionally Left Blank PROPOSAL SUBMITTAL FORM Page Intentionally Left Blank City of Lubbock Bid RFP 21-15772-TF PROPOSAL SUBMITTAL FORM UNIT PRICE PROPOSAL CONTRACT DATE: February 25, 2021 PROJECT NUMBER: RFP 21-15772-TF Micro -Surfacing Proposal of Intermountain SluLq Seal Inc. (hereinafter called Offeror) To the Honorable Mayor and City Council City of Lubbock, Texas (hereinafter called Owner) Ladies and Gentlemen: The Offeror, in compliance with your Request for Proposals for the Micro -Surfacing having carefully examined the plans, specifications, instructions to offerors, notice to offerors and all other related contract documents and the site of the intended work, and being familiar with all of the conditions surrounding the construction of the intended project including the availability of materials and labor, hereby intends to furnish all labor, materials, and supplies; and to construct the project in accordance with the plans, specifications and contract documents, within the time set forth therein and at the price stated below. The price to cover all expenses incurred in performing the work required under the contract documents. ITEM DESCRIPTION QTY (+/-) U/M UNIT COST EXTENDED COST Micro -Surfacing CSS-1 P in accordance with TxDOT Specifications Item # 350, including, 1 emulsion, mineral filler, aggregate, labor, 8,000 TON 245.00 1,960,000.00 equipment, and all incidentals needed to produce micro -surfacing, delivered and placed. Scrub Seal- # 6 Rock grade "A" sack or grade "B" 2 sack if soundness test. Polymer emulsion that meets 553,053 SY 2.05 1,133,758.65 the Requirements if item 300, "Asphalt, oils, and ' Emulsions" Table 10 CMS-2P. Paint stripe tabs for all streets requiring lane line 3 repainting, including labor, equipment, preparation 4,000 EA .25 1,000.00 of existing surface, etc. 24" Surface preparation on concrete materials 4 including grinding, sealing, pre -marking, elimination of existing markings, and installation 600 LF 1.00 600.00 complete and in place. 8" Surface preparation on concrete materials 5 including grinding, sealing, pre -marking, 100 LF elimination of existing markings, and installation 1.00 100.00 complete and in place. 2/8/2021 10:25 AM p. 34 City of Lubbock Bid RFP 21-15772-TF ITEM DESCRIPTION QTY (+/-) U/M UNIT COST EXTENDED COST Type I Thermoplastic pavement marking .125 Mil 6 24" white stop line (TxDOT DMS 8220). Including 650 LF labor, equipment, and preparation of existing 23.00 14,950.00 surface. Complete and in place. Type I Thermoplastic pavement marking .125 Mil 7 24" white continental crosswalk (TxDOT DMS 1,248 LF 14.00 8220). Including labor, equipment, and preparation 17,472.00 of existing surface. Complete and in place. Thermoplastic pavement marking Right or Left turn 8 arrow (TxDOT DMS 8220). Including labor, 12 EA 550.00 6,600.00 equipment, and preparation of existing surface. Complete and in place. 4" lane line elimination. Including labor, 9 equipment, and all tools necessary to remove and 2,105 LF 10.00 21,050.00 relay markings. 8" lane line elimination. Including labor, 10 equipment, and all tools necessary to remove and 500 LF 20.00 10,000.00 relay markings. 24" Thermoplastic lane line elimination. Including 11 labor, equipment, and all tools necessary to remove 1,900 LF 7.00 13,300.00 thermoplastic markings. Thermoplastic turn arrow elimination. Including 12 labor, equipment, and all tools necessary to remove 12 EA 160.00 1,920.00 thermoplastic markings. Milling of Asphalt surface to various depths at all locations where Micro -Surfaced streets will join at either a concrete valley gutter, or concrete 13 intersection, at varying widths. Including labor, 500 SY 5.00 2,500.00 equipment, and all incidentals needed to ensure a smooth transition between existing concrete surface, and the Micro -Surfaced street. The resulting millings to be retained by the City of Lubbock. 14 Mobilization 1 EA 305,000.00 305,000.00 Total (Items 1-14) $ 31488, 250. 65 __Aal Offeror's Initials 2/8/2021 10:25 AM p. 35 City of Lubbock Bid RFP 21-15772-TF PROPOSED CONSTRUCTION TIME: 1. Contractors proposed CONSTRUCTION TIME for completion: TOTAL CONSECUTIVE CALENDAR DAYS: 60 to Substantial Completion) (not to exceed 90 consecutive calendar days to Substantial Completion) Offeror hereby agrees to commence the work on the above project on a date to be specified in a written "Notice to Proceed" of the Owner and to substantially complete the project within 90 Consecutive Calendar Days as stipulated in the specification and other contract documents. Offeror hereby further agrees to pay to Owner as liquidated damages in the sum of $1,204.28 for each consecutive calendar day after substantial completion set forth herein above for completion of this project, all as more fully set forth in the General Conditions of the Agreement. Offeror understands and agrees that this proposal submittal shall be completed and submitted in accordance with instruction number 29 of the General Instructions to Offerors. Offeror understands that the Owner reserves the right to reject any or all proposals and to waive any formality in the proposing. The Offeror agrees that this proposal shall be good for a period of six 60 calendar days after the scheduled closing time for receiving proposals. The undersigned Offeror hereby declares that he has visited the site of the work and has carefully examined the plans, specifications and contract documents pertaining to the work covered by this proposal, and he further agrees to commence work on the date specified in the written notice to proceed, and to substantially complete the work on which he has proposed; as provided in the contract documents. Offerors are required, whether or not a payment or performance bond is required, to submit a cashier's check or certified check issued by a bank satisfactory to the City of Lubbock, or a proposal bond from a reliable surety company, payable without recourse to the order of the City of Lubbock in an amount not less than five percent (5%) of the total amount of the proposal submitted as a guarantee that offeror will enter into a contract, obtain all required insurance policies, and execute all necessary bonds (if required) within ten (10) days after notice of award of the contract to him. Offeror's Initials 2/8/2021 10:25 AM p. 36 City of Lubbock Bid RFP 21-15772-TF Enclosed with this proposal is a Cashier's Check or Certified Check Enclosed with this proposal is a Cashier's Check or Certified Check for N/A Dollars ($ N/A ) or a Proposal Bond in the sum of Five Percent of Total Bid Amount Dollars ( 5% of bid ), which it is agreed shall be collected and retained by the Owner as liquidated damages in the event the proposal is accepted by the Owner and the undersigned fails to execute the necessary contract documents, insurance certificates, and the required bond (if any) with the Owner within ten (10) business days after the date of receipt of written notification of acceptance of said proposal; otherwise, said check or bond shall be returned to the undersigned upon demand. Offeror understands and agrees that the contract to be executed by Offeror shall be bound and include all contract documents made available to him for his inspection in accordance with the Notice to Offerors. Pursuant to Texas Local Government Code 252.043(g), a competitive sealed proposal that has been opened may not be changed for the purpose of correcting an error in the proposal price. THEREFORE, ANY CORRECTIONS TO THE PROPOSAL PRICE MUST BE MADE ON THE PROPOSAL SUBMITTAL FORM PRIOR TO PROPOSAL OPENING. (Seal if Offeror is a Corporation) ATTEST: S c tary Joshua owen, Assistant Secretary Offeror acknowledges receipt of the following addenda: Addenda No. Date Addenda No. Date Addenda No. Date. Addenda No. Date Date: February 25, 2021 Authorized Signature Nathan Niemann, Project Manager _ (Printed or Typed Name) Intermountain Slurry Seal, Inc. Company 1000 North Warm Springs Road Address Salt lake City Salt Lake City, County Utah 84116 State Zip Code Telephone: 801 - 532-8200 Fax: 469 - 635-6054 Email: nathan.niemannO-gcinc.com FEDERAL TAX ID or SOCIAL SECURITY No. ���a�Xt�1•�k'f:7 M/WBE Firm: Woman Black American Native American Hispanic American Asian Pacific American I Other (Specify) 2/8/2021 10:25 AM p. 37 BID BOND TRAVELERS CASUALTY AND SURETY COMPANY Hartford, Connecticut 06183 KNOWN ALL BY THESE PRESENTS, That we, Intermountain Slurry Seal, Inc., as Principal, and Travelers Casualty and Surety Company, as Surety, are held and firmly bound unto City of Lubbock, as Obligee, in the sum of Five Percent (5%) of Bid Amount Dollars ($5% of Bid Amount) for the payment of which we bind ourselves, and our successors and assigns, jointly and severally, as provided herein. WHEREAS, Principal has submitted or is about to submit a bid to the Obligee on a contract for RFP 21-15772-TF MICRO -SURFACING ("Project"). NOW, THEREFORE, the condition of this bond is that if Obligee accepts Principal's bid, and Principal enters into a contract with Obligee in conformance with the terms of the bid and provides such bond or bonds as may be specified in the bidding or contract documents, then this obligation shall be void; otherwise Principal and Surety will pay to Obligee the difference between the amount of Principal's bid and the amount for which Obligee shall in good faith contract with another person or entity to perform the work covered by Principal's bid, but in no event shall Surety's and Principal's liability exceed the penal sum of this bond. Signed this 16th day of February, 2021. Intermountain Slurry Seal, Inc. (Principal) By: a Travelers Casualty and Surety Company VA,Qy:_ Isabel Barron, Attorney -in -Fact A notary public or other officer completing this certificate verifies only the identity ofthe individual ACKNOWLEDGMENT who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of Santa Cruz _ On February 16, 2021 before me, Maria Gomez, Notary Public (insert name and title of the officer) personally appeared Isabel Barron who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature Maria Gomez, Notary Public MARI-AG MC COMM. #2259567 z is Notary Public - California x �•. Santa Cruz County A� Comm. Expires Sep. 24, 2022 f (Seal) 7RAVELERSJ� Travelers Casualty and Surety Company of America Travelers Casualty and Surety Company St. Paul Fire and Marine Insurance Company POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That Travelers Casualty and Surety Company of America, Travelers Casualty and Surety Company, and St. Paul Fire and Marine Insurance Company are corporations duly organized under the laws of the State of Connecticut (herein collectively called the "Companies"), and that the Companies do hereby make, constitute and appoint Isabel Barron of WATSONVILLE California , their true and lawful Attorney -in -Fact to sign, execute, seal and acknowledge any and all bonds, recognizances, conditional undertakings and other writings obligatory in the nature thereof on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. IN WITNESS WHEREOF, the Companies have caused this instrument to be signed, and their corporate seals to be hereto affixed, this 3rd day of February, 2017. �w1hY ,y1'ra+'a R~- y State of Connecticut By:�.r'� �r City of Hartford ss. Robert t.. Raney. Semi or Vice President On this the 3rd day of February, 2017, before me personally appeared Robert L. Raney, who acknowledged himself to be the Senior Vice President of Travelers Casualty and Surety Company of America, Travelers Casualty and Surety Company, and St Paul Fire and Marine Insurance Company, and that he, as such, being authorized so to do, executed the foregoing Instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer. In Witness Whereof, I hereunto set my hand and official seal. a My Commission expires the 30th day of June, 2021 W�Wolf- C. t *q * Marie C, Tetreault, Notary Public This Power of Attorney is granted under and by the authority of the following resolutions adopted by the Boards of Directors of Travelers Casualty and Surety Company of America, Travelers Casualty and Surety Company, and St. Paul Fire and Marine Insurance Company, which resolutions are now in full force and effect, reading as follows: RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President, any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary may appoint Attorneys -in -Fact and Agents to act for and on behalf of the Company and may give such appointee such authority as his or her certificate of authority may prescribe to sign with the Company's name and seal with the Company's seal bonds, recognlzances, contracts of indemnity, and other writings obligatory in the nature of a bond, recognizance, or conditional undertaking, and any of said officers or the Board of Directors at any time may remove any such appointee and revoke the power given him or her; and it Is FURTHER RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President may delegate all or any part of the foregoing authority to one or more officers or employees of this Company, provided that each such delegation Is In writing and a copy thereof Is filed In the office of the Secretary; and it Is FURTHER RESOLVED, that any bond, recognizance, contract of Indemnity, or writing obligatory In the nature of a bond, recognizance, or conditional undertaking shall be valid and binding upon the Company when (a) signed by the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary and duly attested and sealed with the Company's seal by a Secretary or Assistant Secretary; or (b) duly executed (under seal, if required) by one or more Attorneys -in -Fact and Agents pursuant to the power prescribed in his or her certificate or their certificates of authority or by one or more Company officers pursuant to a written delegation of authority; and it Is FURTHER RESOLVED, that the signature of each of the following officers: President, any Executive Vice President, any Senior Vice President, any Vice President, any Assistant Vice President, any Secretary, any Assistant Secretary, and the seal of the Company may be affixed by facsimile to any Power of Attorney or to any certificate relating thereto appointing Resident Vice Presidents, Resident Assistant Secretaries or Attorneys -in -Fact far purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof, and any such Power of Attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and,cardtled by such ttacsimlle signature and facsimile seal shall be valid and binding on the Company In the future with respect to any bond or understanding to which it is attached. I, Kevin E. Hughes, the undersigned, Assistant Secretary of Travelers Casualty and Surety Company of America, Travelers Qpsualty and Surety Company, and St. Paul Fire and Marine Insurance Company, do hereby certify that the above and foregoing is a true Ahd correct copy of the Povmr of Attorney executed by said Companies, which remains in full force and effect Dated this February 16, 2021 *`T7 *"°.0 �`�ye �+r aw�ir aka �►IME � P Q sa c �' gosslax ; Ct}hiFi. o _ Kevin E. Hughes, Assiecretary To verily Ghe authentidty ofthis Power of Attorney, please callus at i-MV-4?1 3880. Please welter to We above -named Attarney-in-Fad and d►e details of the bond to whldh the power is atteched. Pate Intentionally Left Blank City of Lubbock Bid RFP 21-15772-TF City of Lubbock, TX RFP 21-15772-TF Micro -Surfacing Reference Form Please list three references of current customers who can verify the quality of service your company provides. The City prefers users of similar size and scope of work. Please do not use the City of Lubbock. REFERENCE ONE Government/ Company Name: City of Midland, Texas Address: _ 300 N. Loraine, Midland, TX 79701 Contact Person and Title: Abe Langston, Superintendent Phone: (432)685-7299 Fax: (432)683-1786 REFERENCE TWO Government/ Company Name: City of Sioux Falls, South Dakota Address: 224 W Ninth Street. Sioux Falls, SD 57104 Contact Person and Title: Mark Cotter, Director of Public Works Phone: _ (605)367-8600 Fax: N/A REFERENCE THREE Government/ Company Name: City of San Antonio, Texas Address: 114 W. Commerce, 7th Floor, San Antonio, TX 78205 Contact Person and Title: Faustino Benavidez, Project Manager Phone: (210)207-5804 Fax: (210)207-6553 2/8/2021 10:25 AM p. 38 Pate Intentionally Left Blank Contractors Statement of Qualifications Individual contractors and joint ventures submitting a bid must complete the following evaluation information for the Project. Joint ventures shall be composed of not more than two firms and each firm must complete separate evaluations. Evaluation information must be submitted at time of bid submittal. Failure to submit the following Bidder Evaluation information may result in the OWNER considering the bid non -responsive and result in rejection of the bid by the OWNER. Bidders are to provide any additional information requested by the OWNER. In evaluating a firm's qualifications, the following major factors will be considered: A. FINANCIAL CAPABILITY: For this project, the CONTRACTOR'S financial capability to undertake the project will be determined by the CONTRACTOR'S ability to secure bonding satisfactory to the OWNER. B. EXPERIENCE: Do the organization and key personnel have appropriate technical experience on similar projects? C. SAFETY: Does the organization stress and support safety as an important function of the work process? D. QUALITY OF WORK: (1) Does the organization have a commitment to quality in every facet of their work - the process as well as the product? (2) Does the organization have a written quality philosophy and/or principles that exemplifies their work? If so, submit as Attachment "A". (3) Has this organization ever received an award or been recognized for doing "quality" work on a project? If so, give details under Attachment "A". E. CONFORMANCE TO CONTRACT DOCUMENTS: (1) Does the organization have a commitment and philosophy to construct projects as designed and as defined in the Contract Documents? The OWNER reserves the right to waive irregularities in determining the firm's qualifications and reserves the right to require the submission of additional information. The qualifications of a firm shall not deprive the OWNER of the right to accept a bid, which in its judgement is the lowest and best bid, to reject any and all bids, to waive irregularities in the bids, or to reject nonconforming, non- responsive, or conditional bids. In addition, the OWNER reserves the right to reject any bid where circumstances and developments have in the opinion of the OWNER changed the qualifications or responsibility of the firm. Material misstatements on the qualifications forms may be grounds for rejection of the firm's bid on this project. Any such misstatement, if discovered after award of the contract to such firm, may be grounds for immediate termination of the contract. Additionally, the firm will be liable to the OWNER for any additional costs or damages to the OWNER resulting from such misstatements, including costs and attorney's fees for collecting such costs and damages. Complete the following information for your organization: 10 City of Lubbock Bid RFP 21-15772-TF Contractor's General Information Organization Doing Business As Intermountain Slur Seal Inc. Business Address of Principle Office 1000 N Warm S rin s Road Salt Lake City. UT 84116 Telephone Numbers Main Number (801)532-8200 Fax Number (469)635-6054 Web Site Address www.intermountainslurryseal.com Form of Business (Check One) Date of Incorporation X A Corporation A Partnership An Individual April 23 1982 State of Incorporation Chief Executive Officer's Name President's Name Gary R. Price Vice President's Name(s) Robert K. Chase Darren S. Beevor Joshua R. Bowen Scott J. Curtis John M. Shippy MarcC. Thoreson Ashley M. Stinson Secretary's Name Darren S. Beevor Treasurer's Name Date of Organization Robert K. Chase N/A State whether partnership is general or limited Name NIA Business Address organizalioll N/A Average Number of Current Full Time 75 Average Estimate of Revenue for the $80,000,000 ,Employees Current Year 2/8/2021 10:25 AM p. 40 City of Lubbock Bid RFP 21-15772-TF Contractor's Organizational Experience Organization Doing Business As Intermountain Slur Seal Inc. Business Address of Regional Office 1000 N Warm S12rings Road Salt Lake it LIT 84116 Name of Regional Office Manager Kelsie Goodwin Telephone Numbers Main Number 801 532-8200 Fax Number 801 526-6049 Web Site Address www.intermountainslur seal.com Organization llistor� List of names that this organization currently, has or anticipates operating under over the history of the organization, including the names of related companies presently doing business: Names of Organization From Date To Date Bear River Constructors and Intermountain Slurry Seal In merged on 12/21/1999 and were then named ISS, Inc. then changed their name on 05/24/2000 (20 Years) to their current name of Intermountain Slurry Seal, Inc. List of companies, firms or organizations that own any part of the organization. Name of companies, firms or organization Percent Ownership Intermountain Slurry Seal, Inc. is a wholly owned subsidiary of Granite 100% Construction Incorporated. Construction 1,.xperience Years experience in projects similar to the proposed project: As a General Contractor 1 38+ 1 As a Joint Venture Partner Has this or a predecessor organization ever defaulted on a project or failed to complete any work awarded to it? No If yes provide full details in a separate attachment. See attachment No. N/A Has this or a predecessor organization been released from a bid or proposal in the past ten years? No If yes provide full details in a separate attachment. See attachment No. Has this or a predecessor organization ever been disqualification as a bidder or proposer by any local state, or federal agency within the last five ears? No If yes provide full details in a separate attachment. See attachment No. NIA Is this organization or your proposed surety currently in any litigation or contemplating litigation? See Appendix Al - Litigation Yes If yes provide full details in a separate attachment. See attachment No. Appendix Al Has this or a predecessor organization ever refused to construct or refused to provide materials defined in the contract documents? No If yes provide full details in a separate attachment. See attachment No. I NZA 12 2/8/2021 10:25 AM p. 41 City of Lubbock Bid RFP 21-15772-TF Contractor's Proposed Key Personnel Organization Doing Business As Intermountain Slurry Seal Inc. Provide a brief description of the managerial structure of the organization and illustrate with an organizational cart. Include the title and names of key personnel. Include this chart at an attachment to this description. See attachment No. Appendix Q1 - Organizational Chart Q Provide a brief description of the managerial structure proposed for this project and illustrate with an organizational cart. Include the title and names of proposed key personnel and alternates. Include this chart at an attachment to this description. See attachment No. Appendix B1 - Organizational Chart Provide information on the key personnel proposed for this project that will provide the following key functions. Provide information for candidates for each of these positions on the pages for each of these key personnel. Also provide biographical information for each primary and alternate candidate as an attachment. The biographical information must include the following as a minimum: technical experience, managerial experience, education and formal training, work history which describes project experience, including the roles and responsibilities for each assignment, and primary language. Additional information highlighting experience which makes them the best candidate for the assignment should also be included. Role Primary Candidate Alternate Candidate Project Manager Nate Niemann Rick Nielson Project Superintendent John Tompkins Weston Albrecht Project Safety Officer Matt Fuller Ran Sorenson Quality Control Manager Gggrae Peterson If key personnel are to fulfill more than one of the roles listed above, provide a written narrative describing how much time will be devoted to each function, their qualifications to fulfill each role and the percentage of their time that will be devoted to each role. If the individual is not to be devoted solely to this project, indicate how time it to be divided between this project and their other assignments. 13 2/8/2021 10:25 AM p. 42 City of Lubbock Bid RFP 21-15772-TF Proposed Project Managers Organization Doing Business As Name of Individual Intermountain Slurry Seal Inc. Nathan Niemann Years of Experience as Project Manager 19 Years of Experience with this organization 19 Number of similar projects as Project Manager 200+ Number of similar projects in other positions 400+ Current Project Assignments Name of Assignment Percent of Time Used for this Project Estimated Project Completion Date No Competing Assignments Reference Contact Information(listing names indicates a roval to contactingthe names individuals as a reference Name Abe Langston Name qicolas Trau el Title/ Position Superintendent Title/ Position En-gineering Technician Organization City of Midland Texas Organization Dity of Sioux Falls South Dakota Telephone 432 685-7299 Telephone 605 367-8661 E-mail Ian stop midlandtexas. ov E-mail trau el siouxfalls.or Project City of Midland FY19 Micro-surfacinb Project it of Sioux Falls Modified Slur Candidate role on Project Manager Project Name of Individual Candidates role roject Manager on Project Rick Nielson Years of Experience as Project Manager 7 Years of Experience with this organization 11 Number of similar projects as Project Manager 100+ Number of similar projects in other positions 200+ Current Project Assignments Name of Assignment Percent of Time Used for this Project Estimated Project Completion Date No Competing Assignments Name Chance Cole Name Brad McCullough Title/ Position Project Engineer Title/ Position Project Engineer Or anization Idaho Department of Transportation Organization Wyoming Department of Trans o Telephone 208 772-8021 Tele hone 307 352-3066 E-mail than e.cole itd.idaho. ov E-mail brad.mccullou_qh@MLo.gov Project District-1 US 95 Bonner County Project WYDOT District 3 Candidate role on Project Project Manager Candidate role on Project Project Manager 3eai tation 14 2/8/2021 10:25 AM p. 43 City of Lubbock Bid RFP 21-15772-TF Proposed Project Superintendent Organization Doing Business As Name of Individual Intermountain Slurry Seal Inc. John Tompkins Years of Experience as Project Superintendent 17 Years of Experience with this organization Number of similar projects as Superintendent 200+ Number of similar projects in other positions 400+ Current Project Assignments Name of Assignment Percent of Time Used for this Project Estimated Project Completion Date Mo Competing Assignments Reference Contact Information(listing names indicates ap oval to contactingthe names individuals as a reference Name Kevin Harvill Name Kay Reiter Title/ Position Assistant Director of Public Works Title/ Position Inspector Or anization City of Baytown, TX Organization Citv of Sioux Falls Telephone 281 420-7180 Telephone E-mail k vin.harvill wn. r E-mail Project Project Candidate role on Project Name of Individual Superintendent Candidate role on Superintendent Project Weston Albrecht Years of Experience as Project Superintendent 21 Years of Experience with this organization Number of similar projects as Superintendent 200+ Number of similar projects in other positions 400+ Current Project Assignments Name of Assignment Percent of Time Used for this Project Estimated Project Completion Date No Competing Assignments Name Col777 Name Brad McCullough Title/ Position Projectn iTitle/ 7f2O8)772-8021 Position Project En ineer Organization Department Organization W omin De artment of Trans o Telephone Telephone I'l E-mail chap e.cole itd.idaho. ov E-mail Project Project Candidate role on Project Project Manager Candidate role on I Project Project Manager �d Slurry Se tation 15 2/8/2021 10:25 AM p. 44 City of Lubbock Bid RFP 21-15772-TF Proposed Project Safety Officer Organization Doing Business As Intermountain Slur Seal Inc. Name of Individual Matt Fuller Years of Experience as Project Safety Officer 6 Years of Experience with this organization 3 Number of similar projects as Safety Officer 50+ Number of similar projects in other positions 50+ Current Project Assignments Name of Assignment Percent of Time Used for Estimated Project this Project Completion Date Regional Commitment as Safety Manager 5% Annual Assianment Reference Contact Information(listing names indicates a roval to contactingthe names individuals as a reference Name Jason Russel Name Derrick Christensen Title/ Position Group Safety Director Title/ Position Corporate Compliance Safety Director Organization Granite Construction Co. Organization Granite Construction Co. Telephone 812 653-7581 Telephone (801) 347-2018 E-mail Jason.Russell@gcinc.com E-mail Derrick.Christensen@gcinc.com Pro ect NW GroupProject NW Group Candidate role on Project Group Safety Director Candidate role on Project Corporate Safety Director Name of Individual Ran Sorensen Years of Experience as Project Safety Officer 4 Years of Experience with this organization 6 Number of similar projects as Safety Officer 50+ Number of similar projects in other positions 100+ Current Project Assignments Name of Assignment Percent of Time Used for Estimated Project this Project Completion Date Reqional Commitment as Safety Professional 5% Annual Assignment Name George Harvey Name Teri Bowman Title/ Position Project Executive Title/ Position Environmental Manager Organization Granite Construction Organization Lon necker & Associates Tele hone 214 870-5813 Telephone 208 251-4696 E-mail eor e.harve cinc.com E-mail tbowman la-inc.com Project IINL NRG Spent Fuel Handling I Project IINL NRG Spent Fuel Candidate role on Project afety & Environmental Coordinator Candidate role on Project -Handling Safety & Environmental Coordinat 16 2/8/2021 10:25 AM p. 45 City of Lubbock Bid RFP 21-15772-TF Proposed Project Quality Control Manager Organization Doing Business As Name of Individual Intermountain Slurry Seal, Inc. Geor a Peterson Years of Experience as Quality Control Manager 21 Years of Experience with this organization 16 Number of similar projects as Quality Manager + Number of similar projects in other positions Current Project Assignments Name of Assignment Percent of Time Used for this Protect Estimated Projcct Com lction Date Regional Commitment as QCM 5% Annual Assignment Reference Contact Information(listing names indicates ap oval to contacting the names individuals as a reference Name Roy Ulibarn Name Tim O'Connell Title/ Position Lead Binder Technician Title/ Position Research Director Organization Utah Department of Transportation Organization In evit Telephone 801 633-0667 Telephone 918 284-9563 E-mail rulibarri utah. ov E-mail tim.oconnell in evil .com Project Various Project Various Candidate role on Pro'ect Name of Individual Quality Control Manager Candidate role on Quality Control Manager Project Years of Experience as Quality Control Manager Years of Experience with this organization Number of similar projects as Quality Manager Number of similar projects in other positions Current Project Assignments Name of Assignment Percent of Time Used for this Project Estimated Project Completion Date Name Name Title/ Position Title/ Position Or anization Organization Telephone Telephone E-mail E-mail Project Project Candidate role on Pro' ect Candidate role on Pro' ect 17 2/8/2021 10:25 AM p. 46 City of Lubbock Bid RFP 21-15772-TF Contractor's Project Experience and Resources Organization Doing Business As Intermountain Slur Seal, Inc. Provide a list of major projects that are currently underway, or have been completed within the last ten years on Attachment A See Appendix C1 - Major Incomplete Projects See Appendix D1 - Completed Jobs Provide a description of your organizations approach to completing this project to provide best value for the Owner. Including a description of your approach in the following areas: 1. Contract administration 2. Management of subcontractor and suppliers 3. Time management 4. Cost control 5. Quality management 6. Project site safety 7. Managing changes to the project 8. Managing equipment 9. Meeting HUB / MWBE Participation Goal Provide a list of major equipment ro osed for use on this project. Attach Additional Information if necessary Equipment Item Primary Use on Project Own Will Buv Lease What work will the organization complete using its own resources? Scrub Seal and Micro -surfacing What work does the organization propose to subcontract on thisproject? Sweeping, Pavement Markings 18 2/8/2021 10:25 AM p. 47 City of Lubbock Bid RFP 21-15772-TF Contractor's Subcontractors and Vendors Drgani2ation Doing Business As intermountain Slur Seal Inc. Provide a list of subcontractors that will provide more than 10 percent of the work based on contract amounts Name Work to be Provided Est. Percent of Contract HUB/MWBE Firm None Provide information on the proposed key personnel, project experience and a description of past relationship and work ex erience for each subcontractor listed above using the Project Information Forms. Provide a list of major equipment proposed for use on this project. Attach Additional Information if necessary Vendor Name Equipment / Material Provided Furnish Onlyand Furnish Install HUB/M WBE Finn See Appendix E1 - E ui ment 19 2/8/2021 10:25 AM p. 48 City of Lubbock Current Projects and Project Completed within the last 10 Years Bid RFBCr1fr1BW?ATF Project Owner I I Project Name General Description ofProjcct: Project Cost Date Project Completed Key Project Personnel Project Manager Project Superintendent Safety Officer Quality Control Manager Name Reference Contact Information (listing names indicates approval to contacting the names individuals as a reference) Name Title/ Position Organization Telephone E-mail Owner Designer Construction Manager Project Owner Project Name General Description ofProjcct: Project Cost Date Project Completed Key Project Personnel Project Manager Project Superintendent Safety Officer Quality Control Manager Name Reference Contact Information (listing names indicates approval to contacting the names individuals as a reference) Name Title/ Position Organization Telephone E-mail Owner Designer Construction Manager Project Owner I I Project Name General Description of Project: Project Cost Date Project Completed Key Project Personnel Project Manager Project Superintendent Safety Officer Elity Control Manager Name Reference Contact Information (listing names indicates approval to contacting the names individuals as a reference) Name Title/ Position Organization Telephone E-mail Owner Designer Construction Manager 2/8/2021 10:25 AM p 49 City of Lubbock Bid RFP 21-15772-TF Attachment B Pra ect Information Project Owner Project Name General Description or Project Budget History Schedule Performance Amount % of Bid Amount Date Days Bid Notice to Proceed Change Orders Contract Substantial Completion Date at Notice to Proceed Owner Enhancements Contract Final Completion Date at Notice to Proceed Unforeseen Conditions Change Order Authorized Substantial Completion Date Design Issues Change Order Authorized Final Completion Date Total Actual / Estimated Substantial Completion Date Final Cost Actual / Estimated Final Completion Date Project Manager Project sup Safety Officer Quality Control Manager Name Percentage of Time Devoted to the Project Proposed for this Project Did Individual Start and Complete the Project? If not, who started or completed the project in their place. Reason for change. Name Title/ Position Organization Tcicphoac E-mail Owner Designer Construction Manager Surely Number of Issues Total Amount involved in Resolved Resolved Issues 7-mb,,r of Issues Total Amount involved in Resolved Issues 21612021 10:25 AM p, 50 City of Lubbock Bid RFP 21-15772-TF City of Lubbock, TX Insurance Requirement Affidavit To Be Completed by Offeror Must be submitted with Proposal I, the undersigned Offeror, certify that the insurance requirements contained in this proposal document have been reviewed by me and my Insurance Agent/Broker. If I am awarded this contract by the City of Lubbock, I will be able to, within ten (10) business days after being notified of such award by the City of Lubbock, furnish a valid insurance certificate to the City meeting all of the requirements defined in this proposal. Contractor .(Origi aI Signature) Nathan B. Niemann, Project Manager Contractor (Print) CONTRACTOR'S BUSINESS NAME: Intermountain Slurry Seal, Inc. (Print or Type) CONTRACTOR'S FIRM ADDRESS: 1000 North Warm Springs Road Salt Lake City, UT 84116 NOTE TO CONTRACTOR If the time requirement specified above is not met, the City has the right to reject this proposal and award the contract to another contractor. If you have any questions concerning these requirements, please contact the Director of Purchasing & Contract Management for the City of Lubbock at (806) 775-2572. RFP 21-15772-TF Micro -Surfacing 2/8/2021 10:25 AM p. 51 Pale Intentionally Left Blank City of Lubbock Bid RFP 21-15772-TF Safety Record Questionnaire The City of Lubbock City Council desires to avail itself of the benefits of Section 252.0435 of the Local Government Code, and consider the safety records of potential contractors prior to awarding proposals on City contracts. Pursuant to Section 252.0435 of the Local Government Code, City of Lubbock has adopted the following written definition and criteria for accurately determining the safety record of a proposer prior to awarding proposals on City contracts. The definition and criteria for determining the safety record of a proposer for this consideration shall be: The City of Lubbock shall consider the safety record of the offerors in determining the responsibility thereof. The City may consider any incidence involving worker safety or safety of the citizens of the City of Lubbock, be it related or caused by environmental, mechanical, operational, supervision or any other cause or factor. Specifically, the City may consider, among other things: a. Complaints to, or final orders entered by, the Occupational Safety and Health Review Commission (OSHRC), against the proposer for violations of OSHA regulations within the past three (3) years. b. Citations (as defined below) from an Environmental Protection Agency (as defined below) for violations within the past five (5) years. Environmental Protection Agencies include, but are not necessarily limited to, the U.S. Army Corps of Engineers (USACOE), the U.S. Fish and Wildlife Service (USFWS), the Environmental Protection Agency (EPA), the Texas Commission on Environmental Quality (TCEQ), the Texas Natural Resource Conservation Commission (TNRCC) (predecessor to the TCEQ), the Texas Department of State Health Services (DSHS), the Texas Parks and Wildlife Department (TPWD), the Structural Pest Control Board (SPCB), agencies of local governments responsible for enforcing environmental protection or worker safety related laws or regulations, and similar regulatory agencies of other states of the United States. Citations include notices of violation, notices of enforcement, suspension/revocations of state or federal licenses or registrations, fines assessed, pending criminal complaints, indictments, or convictions, administrative orders, draft orders, final orders, and judicial final judgments. C. Convictions of a criminal offense within the past ten (10) years, which resulted in bodily harm or death. d. Any other safety related matter deemed by the City Council to be material in determining the responsibility of the offeror and his or her ability to perform the services or goods required by the proposal documents in a safe environment, both for the workers and other employees of offeror and the citizens of the City of Lubbock. In order to obtain proper information from offerors so that City of Lubbock may consider the safety records of potential contractors prior to awarding proposals on City contracts, City of Lubbock requires that offerors answer the following four (4) questions and submit them with their proposals: QUESTION ONE Has the offeror, or the firm, corporation, partnership, or institution represented by the offeror, or anyone acting for such firm, corporation, partnership or institution, received citations for violations of OSHA within the past three (3) years? YES NO X If the offeror has indicated YES for question number one above, the offeror must provide to City of Lubbock, with its proposal submission, the following information with respect to each such citation: Date of offense, location of establishment inspected, category of offense, final disposition of offense, if any, and penalty assessed. AW Offeror's Initials I 2/8/2021 10:25 AM p. 53 City of Lubbock Bid RFP 21-15772-TF QUESTION TWO Has the offeror, or the firm, corporation, partnership, or institution represented by the offeror, or anyone acting for such firm, corporation, partnership or institution, received citations for violations of environmental protection laws or regulations, of any kind or type, within the past five years? Citations include notice of violation, notice of enforcement, suspension/revocations of state or federal licenses, or registrations, fines assessed, pending criminal complaints, indictments, or convictions, administrative orders, draft orders, final orders, and judicial final judgments. YES NO X If the offeror has indicated YES for question number two above, the offeror must provide to City of Lubbock, with its proposal submission, the following information with respect to each such conviction: Date of offense or occurrence, location where offense occurred, type of offense, final disposition of offense, if any, and penalty assessed. UESTION THREE Has the offeror, or the firm, corporation, partnership, or institution represented by offeror, or anyone acting for such firm, corporation, partnership, or institution, ever been convicted, within the past ten (10) years, of a criminal offense which resulted in serious bodily injury or death? YES NO X If the offeror has indicated YES for question number three above, the offeror must provide to City of Lubbock, with its proposal submission, the following information with respect to each such conviction: Date of offense, location where offense occurred, type of offense, final disposition of offense, in any, and penalty assessed. QUESTION FOUR Provide your company's Experience Modification Rate and supporting information: .74 ACKNOWLEDGEMENT THE STATE OF TEXAS I certify that I have made no willful misrepresentations in this Questionnaire nor have I withheld information in my statements and answers to questions. I am aware that the information given by me in this questionnaire will be investigated, with my full permission, and that any misrepresentations or omissions may cause my proposal to be rejected. /Nathan B. Niemann Signature Project Manager Title 2/8/2021 10:25 AM p. 54 City of Lubbock Bid RFP 21-15772-TF City of Lubbock, TX RFP 21-15772-TF Suspension and Debarment Certification Federal Law (A-102 Common Rule and OMB Circular A-110) prohibits non -Federal entities from contracting with or making sub -awards under covered transactions to parties that are suspended or debarred or whose principals are suspended or debarred. Covered transactions include procurement contracts for goods or services equal to or in excess of $25,000 and all non -procurement transactions (e.g., sub -awards to sub -recipients). Contractors receiving individual awards of $25,000 or more and all sub -recipients must certify that their organization and its principals are not suspended or debarred by a Federal agency. Before an award of $25,000 or more can be made to your firm, you must certify that your organization and its principals are not suspended or debarred by a Federal agency. I, the undersigned agent for the firm named below, certify that neither this firm nor its principals are suspended or debarred by a Federal agency. COMPANY NAME: Intermountain Slurry Seal, Inc. FEDERAL TAX ID or SOCIAL SECURITY No. 87-0307259 Signature of Company Official: Printed name of company official signing above: Nathan B. Niemann, Project Manager Date Signed: February 25, 2021 2/8/2021 10:25 AM p. 55 City of Lubbock Bid RFP 21-15772-TF City of Lubbock, TX House Bill 89 Verification RFP 21-15772-TF I, Nathan B. Niemann (Person name), the undersigned representative of (Company or Business Name) Intermountain Slurry Seal, Inc. (hereafter referred to as company) being an adult over the age of eighteen (18) years of age, do hereby depose and verify under oath that the company named -above, under the provisions of Subtitle F, Title 10, Government Code Chapter 2270: 1. Does not boycott Israel currently; and 2. Will not boycott Israel during the term of the contract the above -named Company, business or individual with the City of Lubbock acting by and through City of Lubbock. Pursuant to Section 2270.001, Texas Government Code: 1. "Boycott Israel " means refusing to deal with, terminating business activities with, or otherwise taking any action that is intended to penalize, inflict economic harm on, or limit commercial relations specifically with Israel, or with a person or entity doing business in Israel or in an Israeli -controlled territory, but does not include an action made for ordinary business purposes; and 2. "Company" means a for profit sole proprietorship, organization, association, corporation, partnership, joint venture, limited partnership, limited liability partnership, or any limited liability company, including a wholly owned subsidiary, majority -owned subsidiary, parent company or affiliate of those entities or business associations that exist to make a profit. February 25, 2021 DATE Nathan B. Niemann, Project Manager SIGNATURE OP COMPANY REPRESENTATIVE 2/8/2021 10:25 AM p. 56 City of Lubbock Bid RFP 21-15772-TF PROPOSED LIST OF SUB -CONTRACTORS Minority Owned Company Name Location Services Provided Yes No 1. Barricades Unlimited Lubbock TX Pavement markings ❑ Ix 2 C&S Sweeping Phoenix, AZ Chip Sweeping ❑ 3 State Wide Trucking Lubbock TX Aggregate Hauling ❑, 4. Sweep Across Texas Austin TX Pre Sweeping ❑ 5. ° ° 6. ° ° 7. ° ° 8. ° ° 9. ° ° 10. ° ° 11. ° ° 12. ° ° 13. ° ° 14. ° ° 15. 16. THIS FORM SHALL BE COMPLETED AND RETURNED ALONG WITH YOUR PROPOSAL IF NO SUB -CONTRACTORS WILL BE USED PLEASE INDICATE SO SUBMITTED BY: Intermountain Slurry Seal, Inc. (PRINT NAME OF COMPANY) RFP 21-15772-TF Micro -Surfacing 2/8/2021 10:25 AM p. 58 Page Intentionally Left Blank POST -CLOSING DOCUMENT REQUIREMENTS The below -listed document must be received in the Purchasing and Contract Management Office Not Later Than SEVEN BUSINESS DAYS after the close date when proposals are due. FINAL LIST OF SUB -CONTRACTORS Page Intentionally Left Blank City of Lubbock Bid RFP 21-15772-TF FINAL LIST OF SUB -CONTRACTORS Company Name Location Services Provided 1. Barricades Unlinited Lubbock, TX Pavement Markings 2 C&S Sweeping Phoenix, AZ Sweeping 3. Statewide Trucking Lubbock, TX Materials Hauling 4. Sweep Across Texas Austin, TX Sweeping (Alternate) 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. 16. SUBMITTED BY: Intermountain Slurry Seal, Inc. (PRINT NAME OF COMPANY) Minority Owned Yes No ❑ X ❑ m ❑ IX ❑ Lys THIS FORM SHALL BE COMPLETED AND RETURNED NOT LATER THAN SEVEN BUSINESS DAYS AFTER THE CLOSE DATE WHEN PROPOSALS ARE DUE IF NO SUB -CONTRACTORS WILL BE USED PLEASE INDICATE SO RFP 21-15772-TF Micro -Surfacing 2/8/2021 10:25 AM p. 61 Pate Intentionally Left Blank PAYMENT BOND Page Intentionally Left Blank Bond No's: Travelers: 107355810 Federal: K40230087 CNA: 30122536 STATUTORY PAYMENT BOND PURSUANT TO SECTION 2253.021(a) OF THE TEXAS GOVERNMENT CODE (CONTRACTS MORE THAN $50,000) KNOW ALL MEN BY THESE PRESENTS, that Intermountain Slurry Seal, Inc. (hereinafter called the Principal(s), as Principal(s), and Travelers Casualty and Surety Company* (hereinafter called the Surety(s), as Surety(s), are held and firmly bound unto the City of Lubbock (hereinafter called the Obligee), in the amount of Three Million, Four Hundred and Eighty -Eight Thousand, Two Hundred and Fifty Dollars and Sixty -Five Cents ($3,488,250.65) lawful money of the United States for the payment whereof, the said Principal and Surety bind themselves, and their heirs, administrators, executors, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has entered into a certain written contract with the Obligee, dated the 13t' day of April, 2021, to RFP 21-15772-TF Micro -Surfacing and said Principal under the law is required before commencing the work provided for in said contract to execute a bond in the amount of said contract which contract is hereby referred to and made a part hereof as fully and to the same extent as if copied at length herein. NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the said Principal shall pay all claimants supplying labor and material to him or a subcontractor in the prosecution of the work provided for in said contract, then, this obligation shall be void; otherwise to remain in full force and effect; PROVIDED, HOWEVER, that this bond is executed pursuant to the provisions of Section 2253.021(a) of the 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 IN WITNESS WHEREOF, the said Princi this 21st day of April 2021. Travelers Cnsnnity and Surety Company* Surety *By: (Title) Isabel Barron, Attorney In Fact t iNSUR', 4 SURA C� Z Now Ltd rtr •� AF r t rt L70FNi r�dlANX . fir �ZWW, s ave signed and sealed this instrument MC Co Z Intermountain Slurry Seal, Inc. (Company Name) By: Ashley M. Stinson (Printed Name) (Signature) Vice President (Title) *Federal Insurance Company The' Continental Insurance Company Jointly and Severally Liable Pate Intentionally Left Blank The undersigned surety company represents that it is duly qualified to do business in Texas, and hereby designates Jessica Rosser** an agent resident in Dallas 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. ** Alliant Insurance Services, Inc. 16000 N. Dallas Parkway, Suite 850 Dallas, TX 75248 TX License 2109054 Approved as to form: City of Lubbock By: City Attorney Travelers Casualty and Surety Company* �'5e A.% Surety td . CC1WMt p w Az. (Title) Isabel Barron, Attorney In Fact *Federal Insurance Company The Continental Insurance Company Jointly and Severally Liable * 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. Pate Intentionally Left Blank A notary public or other officer completing this certificate verifies only the identity of the individual ACKNOWLEDGMENT who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of Santa Cruz ) On April 21, 2021 before me, Mariella Rubio, Notary Public (insert name and title of the officer) personally appeared Isabel Barron who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature Mariella Rubio, Notary Public IYIARIELLA RUBIO �� COMM. #2249923 � _ -. Notary Public -California v z. Santa Cruz County ' MyCamrn. EA July 14, 2022 (Seal) Pate Intentionally Left Blank PERFORMANCE BOND Pate Intentionally Left Blank Bond No's: Travelers: 107355810 Federal: K40230087 CNA: 30122536 STATUTORY PERFORMANCE BOND PURSUANT TO SECTION 2253.021(a) OF THE TEXAS GOVERNMENT CODE (CONTRACTS MORE THAN $100,000) KNOW ALL MEN BY THESE PRESENTS, that Intermountain Slurry Seal, Inc. (hereinafter called the Principal(s), as Principal(s), and Travelers Casualty and Surety Company* (hereinafter called the Surety(s), as Surety(s), are held and firmly bound unto the City of Lubbock (hereinafter called the Obligee), in the amount of Three Million, Four Hundred and Eighty -Eight Thousand, Two Hundred and Fifty Dollars and Sixty -Five Cents ($3,488,250.65) lawful money of the United States for the payment whereof, the said Principal and Surety bind themselves, and their heirs, administrators, executors, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has entered into a certain written contract with the Obligee, dated the 13t' day of April, 2021, to RFP 21-15772-TF Micro -Surfacing and said principal under the law is required before commencing the work provided for in said contract to execute a bond in the amount of said contract which contract is hereby referred to and made a part hereof as fully and to the same extent as if copied at length herein. NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the said Principal shall faithfully perform the work in accordance with the plans, specifications and contract documents, then this obligation shall be void; otherwise to remain in full force and effect. PROVIDED, HOWEVER, that this bond is executed pursuant to the provisions of Section 2253.021(a) of the Texas Government Code, and all liabilities on this bond shall be determined in accordance with the provisions of said article to the same extent as if it were copied at le {00Ut4*.- IN WITNESS WHEREOF, the said Princip��i ��ave signed and sealed this instrument this 21st day of April , 2021. Travelers Casualty and Surety Company* 17� Intermountain Slurry Seal, Inc. Surety (Company Name) *By: LAA- (Title) Isabel Barron, Attorney In Fact �y�5uFi.4Nc� w 0 auHr ' DO ftelov By: Ashley M. Stinson (Printed Name) (Signature) Vice President (Title) *Federal Insurance Company The Continental Insurance Company Joirlltly and Severally Liable Page Intentionally Left Blank The undersigned surety company represents that it is duly qualified to do business in Texas, and hereby designates Jessica Rosser** an agent resident in Dallas 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. ** Alliant Insurance Services, Inc. 16000 N. Dallas Parkway, Suite 850 Dallas, TX 75248 TX License 2109054 Approved as to Form City of Lubbock By: City Attorney Z318U''N � Z �" Now :x , o o; ;U ab: Travelers Casualty and Surety Company* Surety ' *By (Title) Isabel Barron, Attorney In Fact fl f *Federal Insurance Company '�°�►��'` ' The Continental Insurance Company Jointly and Severally Liable * 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. Page Intentionally Left Blank The undersigned surety company represents that it is duly qualified to do business in Texas, and hereby designates Jessica Rosser** an agent resident in Dallas 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. ** Alliant Insurance Services, Inc. 16000 N. Dallas Parkway, Suite 850 Dallas, TX 75248 TX License 2109054 Approved as to Form City of Lubbock By: City Attorney Z318U''N � Z �" Now :x , o o; ;U ab: Travelers Casualty and Surety Company* Surety ' *By (Title) Isabel Barron, Attorney In Fact fl f *Federal Insurance Company '�°�►��'` ' The Continental Insurance Company Jointly and Severally Liable * 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. Page Intentionally Left Blank A notary public or other officer completing this certificate verifies only the identity of the individual ACKNOWLEDGMENT who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of Santa Cruz ) On April 21, 2021 before me, Mariella Rubio, Notary Public (insert name and title of the officer) personally appeared Isabel Barron who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature Mariella Rubio, Notary Public IYIARIELLA RUBIO �� COMM. #2249923 � _ -. Notary Public -California v z. Santa Cruz County ' MyCamrn. EA July 14, 2022 (Seal) Page Intentionally Left Blank Travelers Casualty and Surety Company of America AM Travelers Casualty and Surety Company TRAVELERS J St. Paul Fire and Marine Insurance Company POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That Travelers Casualty and Surety Company of America, Travelers Casualty and Surety Company, and St. Paul Fire and Marine Insurance Company are corporations duly organized under the laws of the State of Connecticut (herein collectively called the "Companies"), and that the Companies do hereby make, constitute and appoint Isabel Barron of WATSONVILLE California , their true and lawful Attorney -in -Fact to sign, execute, seal and acknowledge any and all bonds, recognizances, conditional undertakings and other writings obligatory in the nature thereof on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. IN WITNESS WHEREOF, the Companies have caused this instrument to be signed, and their corporate seals to be hereto affixed, this 3rd day of February, 2017. Cii&CATFOW qq4p C9� R Cn, W"7- 9d O�IM.$Oman State of Connecticut City of Hartford ss. By: Robert L. Raney, Se for Vice President On this the 3rd day of February, 2017, before me personally appeared Robert L. Raney, who acknowledged himself to be the Senior Vice President of Travelers Casualty and Surety Company of America, Travelers Casualty and Surety Company, and St. Paul Fire and Marine Insurance Company, and that he, as such, being authorized so to do, executed the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer. In Witness Whereof, I hereunto set my hand and official seal. My Commission expires the 30th day of June, 2021 �'/M��►j A{�uiiMJ+ Marie C. Tetreault, Notary Public This Power of Attorney is granted under and by the authority of the following resolutions adopted by the Boards of Directors of Travelers Casualty and Surety Company of America, Travelers Casualty and Surety Company, and St. Paul Fire and Marine Insurance Company, which resolutions are now in full force and effect, reading as follows: RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President, any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary may appoint Attorneys -in -Fact and Agents to act for and on behalf of the Company and may give such appointee such authority as his or her certificate of authority may prescribe to sign with the Company's name and seal with the Company's seal bonds, recognizances, contracts of indemnity, and other writings obligatory in the nature of a bond, recognizance, or conditional undertaking, and any of said officers or the Board of Directors at any time may remove any such appointee and revoke the power given him or her; and it is FURTHER RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President may delegate all or any part of the foregoing authority to one or more officers or employees of this Company, provided that each such delegation is in writing and a copy thereof is filed in the office of the Secretary; and it is FURTHER RESOLVED, that any bond, recognizance, contract of indemnity, or writing obligatory in the nature of a bond, recognizance, or conditional undertaking shall be valid and binding upon the Company when (a) signed by the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary and duly attested and sealed with the Company's seal by a Secretary or Assistant Secretary; or (b) duly executed (under seal, if required) by one or more Attorneys -in -Fact and Agents pursuant to the power prescribed in his or her certificate or their certificates of authority or by one or more Company officers pursuant to a written delegation of authority; and it is FURTHER RESOLVED, that the signature of each of the following officers: President, any Executive Vice President, any Senior Vice President, any Vice President, any Assistant Vice President, any Secretary, any Assistant Secretary, and the seal of the Company may be affixed by facsimile to any Power of Attorney or to any certificate relating thereto appointing Resident Vice Presidents, Resident Assistant Secretaries or Attorneys -in -Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof, and any such Power of Attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding on the Company in the future with respect to any bond or understanding to which it is attached. I, Kevin E. Hughes, the undersigned, Assistant Secretary of Travelers Casualty and Surety Company of America, Travelers Casualty and Surety Company, and St. Paul Fire and Marine Insurance Company, do hereby certify that the above and foregoing is a true and correct copy of the Power of Attorney executed by said Companies, which remains in full force and effect. Dated this April 21, 2021 olpal 8NSA% Jam: :9 = Kevin E. Hughes, Assistant Secretary HART;�'ORD, { To verify the authenticity of this Power o ey, call t ¢Z-800-421 3880, Please refer to the above -named Attorney -in -Fact anVd tails of the bori which the power is attached. CHUBB' Power of Attorney Federal Insurance Company I Vigilant Insurance Company I Pacific Indemnity Company Westchester Fire Insurance Company I ACE American Insurance Company Know All by These Presents, that FEDERAL INSURANCE COMPANY, an Indiana corporation, VIGILANT INSURANCE COMPANY, a New York corporation, PACIFIC INDEMNITY COMPANY, a Wisconsin corporation, WESTCHESTER FIRE INSURANCE COMPANY and ACE AMERICAN INSURANCE COMPANY corporations of the Commonwealth of Pennsylvania, do each hereby constitute and appoint Isabel Barron, Jigisha Desai, John D. Gilliland, Maria Gomez, Roberto J. Rivera -Rodriquez, Mariela Rubio, Ashley Stinson and Tobi Stonich Telesco of Watsonville, California------------------------------------------------------------------------------------------------------------ each as their true and lawful Attorney -in -Fact to execute under such designation in their names and to affix their corporate seals to and deliver for and on their behalf as surety thereon or otherwise, bonds and undertakings and other writings obligatory in the nature thereof (other than bail bonds) given or executed in the course of business on behalf of GRANITE CONSTRUCTION INCORPORATED and all Subsidiaries alone or in joint venture as principal, in connection with bids, proposals or contracts to or with the United States of America, any State or political subdivision thereof or any person, firm or corporation. And the execution of such bond or obligation by such Attorney -in -Fact in the Company's name and on its behalf as surety thereon or otherwise, under its corporate seal, in pursuance of the authority hereby conferred shall, upon delivery thereof, be valid and binding upon the Company. In Witness Whereof, said FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, PACIFIC INDEMNITY COMPANY, WESTCHESTER FIRE INSURANCE COMPANY and ACE AMERICAN INSURANCE COMPANY have each executed and attested these presents and affixed their corporate seals on this 10rh day of December, 2020. Iry Dawn K Chloros, AsAslant Secretary STATE OF NEW JERSEY County of Hunterdon SS. � a1 Stephen M. Haney. Vice Prtsiden€ w.wT-5 We I On this 10th day of December, 2020 before me, a Notary Public of New Jersey, personally came Dawn M. Chloros and Stephen M. Haney, to me known to be Assistant Secretary and Vice President, respectively, of FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, PACIFIC INDEMNITY COMPANY, WESTCHESTER FIRE INSURANCE COMPANY and ACE AMERICAN INSURANCE COMPANY, the companies which executed the foregoing Power of Attorney, and the said Dawn M. Chloros and Stephen M. Haney, being by me duly sworn, severally and each for herself and himself did depose and say that they are Assistant Secretary and Vice President, respectively, of FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, PACIFIC INDEMNITY COMPANY, WESTCHESTER FIRE INSURANCE COMPANY and ACE AMERICAN INSURANCE COMPANY and know the corporate seals thereof, that the seals affixed to the foregoing Power of Attorney are such corporate seals and were thereto affixed by authority of said Companies; and that their signatures as such officers were duly affixed and subscribed by like authority. Notarial Seal �N ' A� ��pOTAgy�v F7 KATHERINE J. REL4RR NOTARY PUBLIC OP NEW JERSEY No. 2316585 pLBL1C Commission Expires July 76, 2024 Notary Public a�'JERsky CERTIFICATION Resolutions adopted by the Boards of Directors of FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY on August 30, 2016; WESTCHESTER FIRE INSURANCE COMPANY on December 11, 2006; and ACE AMERICAN INSURANCE COMPANY on March 20, 2009: "RESOLVED, that the following authorizations relate to the execution, for and on behalf of the Company, of bonds, undertakings, recognizances, contracts and other written commitments of the Company entered into in the ordinary course of business (each a "Written Commitment"): (1) Each of the Chairman, the President and the Vice Presidents of the Company is hereby authorized to execute any Written Commitment for and on behalf of the Company, under the seal of the Company or otherwise. (2) Each duly appointed attorney -in -fact of the Company is hereby authorized to execute any Written Commitment for and on behalf of the Company, under the seal of the Company or otherwise, to the extent that such action is authorized by the grant of powers provided for in such person's written appointment as such attorney -in -fact. (3) Each of the Chairman, the President and the Vice Presidents of the Company is hereby authorized, for and on behalf of the Company, to appoint in writing any person the attorney -in - fact of the Company with full power and authority to execute, for and on behalf of the Company, under the seal of the Company or otherwise, such Written Commitments of the Company as may be specified in such written appointment, which specification may be by general type or class of Written Commitments or by specification of one or more particular Written Commitments. (4) Each of the Chairman, the President and the Vice Presidents of the Company is hereby authorized, for and on behalf of the Company, to delegate in writing to any other officer of the Company the authority to execute, for and on behalf of the Company, under the Company's seal or otherwise, such Written Commitments of the Company as are specified in such written delegation, which specification may be by general type or class of Written Commitments or by specification of one or more particular Written Commitments. (5) The signature of any officer or other person executing any Written Commitment or appointment or delegation pursuant to this Resolution, and the seal of the Company, may be affixed by facsimile on such Written Commitment or written appointment or delegation. FURTHER RESOLVED, that the foregoing Resolution shall not be deemed to be an exclusive statement of the powers and authority of officers, employees and other persons to act for and on behalf of the Company, and such Resolution shall not limit or otherwise affect the exercise of any such power or authority otherwise validly granted or vested." I, Dawn M. Chloros, Assistant Secretary of FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, PACIFIC INDEMNITY COMPANY, WESTCHESTER FIRE INSURANCE COMPANY and ACE AMERICAN INSURANCE COMPANY (the "Companies") do hereby certify that (i) the foregoing Resolutions adopted by the Board of Directors of the Companies are true, correct and in full force and effect, (ii) the foregoing Power of Attorney is true, correct and in full force and effect. Given under my hand and seals of said Companies at Whitehouse Station, NJ, this April 21, 2021 *%012D*QTC) Dawn M. Chlort-6-tssistant IN THE EVENT YOU WISH TO VERIFY THE AUTHENTICITY OF THIS BOND OR NOTIFY US OF ANY OTHER MATTER, PLEASE CONTACT US AT: Tele hone 908 903- 3493 Fax 908 903- 3656 a -mail: sure @chubb.com Combined: ACCOUNT: BID -CONTRACT -PROPOSAL (rev. 11-19) POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY -IN -FACT Know All Men By These Presents, That The Continental Insurance Company, a Pennsylvania insurance company, is a duly organized and existing insurance company having its principal office in the City of Chicago, and State of Illinois, and that it does by virtue of the signature and seal herein affixed hereby make, constitute and appoint John D Gilliland, Jigisha Desai, Ashley Stinson, Tobi Stonich Telesco, Isabel Barron, Roberto J Rivera -Rodriguez, Maria Gomez, Mariela Rubio, Individually of Watsonville, CA, its true and lawful Attorney(s)-in-Fact with full power and authority hereby conferred to sign, seal and execute for and on its behalf bonds, undertakings and other obligatory instruments of similar nature - In Unlimited Amounts - and to bind them thereby as fully and to the same extent as if such instruments were signed by a duly authorized officer of the insurance company and all the acts of said Attorney, pursuant to the authority hereby given is hereby ratified and confirmed. This Power of Attorney is made and executed pursuant to and by authority of the By -Law and Resolutions, printed on the reverse hereof, duly adopted, as indicated, by the Board of Directors of the insurance company. In Witness Whereof, The Continental Insurance Company has caused these presents to be signed by its Vice President and its corporate seal to be hereto affixed on this 5th day of January, 2021. The Continental Insurance Company -7 Z. - Paul T. Bruflat Afice President State of South Dakota, County of Minnehaha, ss: On this 5th day of January, 2021, before me personally came Paul T. Bruflat to me known, who, being by me duly sworn, did depose and say: that he resides in the City of Sioux Falls, State of South Dakota; that he is a Vice President of The Continental Insurance Company, a Pennsylvania insurance company, described in and which executed the above instrument; that he knows the seal of said insurance company; that the seal affixed to the said instrument is such corporate seal; that it was so affixed pursuant to authority given by the Board of Directors of said insurance company and that he signed his name thereto pursuant to like authority, and acknowledges same to be the act and deed of said insurance company. ----------------------- J. MOHR es�mNOTARYPURLIC r SOUTH UAKOTA 3 L My Commission Expires June 23, 2021 J. Mohr Notary Public CERTIFICATE I, D. Johnson, Assistant Secretary of The Continental Insurance Company, a Pennsylvania insurance company, do hereby certify that the Power of Attorney herein above set forth is still in force, and further certify that the By -Law and Resolution of the Board of Directors of the insurance company printed on the reverse hereof is still in force. In testimony whereof I have hereunto subscribed my name and affixed the seal of the said insurance company this April 21, 2021 The Continental Insurance Company D. Johnson Assistant Secretary Form F6850-4/2012 Go to www.cnasurety.com > Owner / Obligee Services > Validate Bond Coverage, if you want to verify bond authenticity. Authorizing By -Laws and Resolutions ADOPTED BY THE BOARD OF DIRECTORS OF THE CONTINENTAL INSURANCE COMPANY: 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 at a meeting held on May 10, 1995. "RESOLVED: That any Group Vice President may authorize an officer to sign specific documents, agreements and instruments on behalf of the Company provided that the name of such authorized officer and a description of the documents, agreements or instruments that such officer may sign will be provided in writing by the Group Vice President to the Secretary of the Company prior to such execution becoming effective. This Power of Attorney is signed by Paul T. Bruflat, Vice President, who has been authorized pursuant to the above resolution to execution power of attorneys on behalf of The Continental Insurance Company. This Power of Attorney is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of the Company by unanimous written consent dated the 25' day of April, 2012. "Whereas, the bylaws of the Company or specific resolution of the Board of Directors has authorized various officers (the "Authorized Officers") to execute various policies, bonds, undertakings and other obligatory instruments of like nature; and Whereas, from time to time, the signature of the Authorized Officers, in addition to being provided in original, hard copy format, may be provided via facsimile or otherwise in an electronic format (collectively, "Electronic Signatures"), Now therefore be it resolved: that the Electronic Signature of any Authorized Officer shall be valid and binding on the Company." CERTIFICATE OF INSURANCE Page Intentionally Left Blank CERTIFICATE OF INSURANCE TO: CITY OF LUBBOCK DATE: P.O. BOX 2000, LUBBOCK, TX 79401 TYPE OF PROJECT: THIS IS TO CERTIFY THAT (Name and Address of Insured) is, at the date of this certificate, insured by this Company with respect to the business operations hereinafter described, for the typed of insurance and in accordance with the provisions f the standard policies used by this company, the further hereinafter described. Exceptions to standard policy noted hereon. TYPE OF INSURANCE POLICY NUMBER EFFECTIVE EFFECTIVE LIMITS DATE DATE GENERAL LIABILITY Commercial General Liability General Aggregate $ Claims Made Products-Comp/Op AGG $ Occurrence Personal & Adv. Injury $ Owner's & Contractors Protective Each Occurrence $ Fire Damage (Any one Fire) $ Med Exp (Any one Person) $ AUTOMOTIVE LIABILITY Any Auto Combined Single Limit $ All Owned Autos Bodily Injury (Per Person) $ Scheduled Autos Bodily Injury (Per Accident) $ Hired Autos Property Damage $ Non -Owned Autos GARAGE LIABILITY Any Auto Auto Only - Each Accident $ Other than Auto Only: Each Accident $ Aggregate $ BUILDER'S RISK 100% of the Total Contract Price $ INSTALLATIONFLOATER $ EXCESS LIABILITY Umbrella Form Each Occurrence $ Aggregate $ Other Than Umbrella Form $ WORKERS COMPENSATION AND EMPLOYERS' LLABILITY 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 MUST BE SENT TO THE CITY OF LUBBOCK (Name of Insurer) By: Title: The Insurance Certificates Furnished shall name the City of Lubbock as Additional Insured on Auto General Liability and provide a Waiver of Subrogation in favor of the City of Lubbock. THE ADDITIONAL INSURED ENDORSEMENT SHALL INCLUDE PRODUCTS AND COMPLETE OPERATIONS. CONTRACTORCHECKLIST 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: PROOF OF COVERAGE SHALL BE FURNISHED TO THE CITY OF LUBBOCK IN THE FORM OF A CERTIFICATE OF INSURANCE. THE INSURANCE CERTIFICATES FURNISHED SHALL NAME THE CITY OF LUBBOCK AS ADDITIONAL INSURED ON AUTO/GENERAL LIABILITY ON A PRIMARY AND NON-CONTRIBUTORY BASIS TO INCLUDE PRODUCTS OF COMPLETE OPERATIONS. PROVIDE A WAIVER OF SUBROGATION IN FAVOR OF THE CITY OF LUBBOCK. IT SHALL BE THE CONTRACTOR'S RESPONSIBILITY TO PROVIDE TO THE OWNER ALL PROOF OF COVERAGE INSURANCE DOCUMENTS INCLUDING WORKERS COMPENSATION COVERAGE FOR EACH SUBCONTRACTOR. COPIES OF THE ENDORSEMENTS ARE REQUIRED. REQUIRED WORKERS' COMPENSATION COVERAGE "The law requires that each person working on this site or providing services related to this construction project must be covered by workers' compensation insurance. This includes persons providing, hauling, or delivering equipment and materials, or providing labor or transportation or other service related to the project, regardless of the identity of their employer or status as an employee." "Call the Texas Workers' Compensation Commission at 512-305-7238 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 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) 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: (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; (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 (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 (G) 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. Page Intentionally Left Blank A R�� CERTIFICATE OF LIABILITY INSURANCE 06/25/2020 ' THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. 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). PRODUCER LIC #OC36861 1-415-403-1491 CONTACT Kimberly Leikam Alliant Insurance Services, Inc. PHONE FAX AIC No Ext: 415-403-1491 A/C No: 415-874-4818 E-MAIL kleikam@alliant.com ADDRESS: 100 Pine Street, llth Floor INSURER(S) AFFORDING COVERAGE NAIC # INSURERA:VALLEY FORGE INS CO 20508 San Francisco, CA 94111 INSURED INSURERB:CONTINENTAL CAS CO 20443 Intermountain Slurry Seal, Inc. INSURER CTRANSPORTATION INS CO 20494 INSURERD: 585 West Beach Street INSURER E : INSURERF: Watsonville, CA 95076 COVERAGES CERTIFICATE NUMBER: 59561773 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE ADDL INSD SUBR WVD POLICY NUMBER POLICY EFF MM/DD/YYYY POLICY EXP MM/DD/YYYY LIMITS A X COMMERCIAL GENERAL LIABILITY X X GL2074978689 10/01/18 10/01/21 EACH OCCURRENCE $ 2,000,000 CLAIMS -MADE � OCCUR DAMAGE TO ence)$ PREMISES(Ea oNTEcur 2,000,000 X MED EXP (Anyone person) $ Nil Contractual Liability X XCU Hazards PERSONAL & ADV INJURY $ 2,000,000 GEML AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 10,000,000 POLICY PRO- X❑ LOC JECT PRODUCTS - COMP/OPAGG $ 2,000,000 $ OTHER: A AUTOMOBILE LIABILITY X X BUA2074978692 10/01/18 10/01/21 COMBINEDSINGLELIMIT Ea accident $ 2,000,000 X BODILY INJURY (Per person) $ ANY AUTO OWNED SCHEDULED AUTOS ONLY AUTOS BODILY INJURY (Per accident) $ X PROPERTY DAMAGE Per accident $ HIRED X NON -OWNED AUTOS ONLY AUTOS ONLY X $ Contractua B X UMBRELLA LIAB X OCCUR CUE2068209453 10/01/19 10/01/20 EACH OCCURRENCE $ 4,000,000 X AGGREGATE $ 4,000,000 EXCESS LIAB CLAIMS -MADE DED RETENTION $ $ A A C WORKERS COMPENSATION AND EMPLOYERS' LIABILITY YIN ANYPROPRIETOR/PARTNER/EXECUTIVE IN I OFFICER/MEMBER EXCLUDED? (Mandatory in NH) N/A X X X WC274978644 (AOS/Stop Ga WC274978630 (CA) WC274978661 (MT,WI,HI) lO/O1/19 10/01/19 10/01/19 10/01/20 10/01/20 10/O1/20 H X STATUTE ER E.L. EACH ACCIDENT $ 2,000,000 E.L. DISEASE -EA EMPLOYEE $ 2,000,000 C DESCRIPTION OF OPERATIONS below If yes, describe under DES X WC274978658 (NY) 10/01/19 10/01/20 E.L. DISEASE - POLICY LIMIT $ 2,000,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) Job #1028146 - Contract 15224/RFP 20-15224-JM Micro -Surfacing The City of Lubbock is named additional insured on the Auto/General Liability policies on a primary and non-contributory basis per the attached forms. GL Per ISO Form CG0001 10/01; AL Per ISO Form CA0001 10/13 CERTIFICATE HOLDER CANCELLATION 1650 1028146 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of Lubbock THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. P.O. BOX 2000, Room 204 AUTHORIZED REPRESENTATIVE Lubbock, TX 79457� USA ACORD 25 (2016/03) jnielson 59561773 ©1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD DATE SUPPLEMENT TO CERTIFICATE OF INSURANCE 06/25/2020 NAME OF INSURED: Intermountain Slurry Seal, Inc. SUPP (10/00) POLICY NUMBER: GL2074978689 EFFECTIVE: 10/01 /2018 COMMERCIAL GENERAL LIABILITY CG 25 03 05 09 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DESIGNATED CONSTRUCTION PROJECT(S) GENERAL AGGREGATE LIMIT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Designated Construction Project(s): Any construction project as required by a written contract or agreement that was executed prior to the date of loss. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. For all sums which the insured becomes legally 3. Any payments made under Coverage A for obligated to pay as damages caused by damages or under Coverage C for medical "occurrences" under Section I — Coverage A, and expenses shall reduce the Designated for all medical expenses caused by accidents Construction Project General Aggregate Limit under Section I — Coverage C, which can be for that designated construction project. Such attributed only to ongoing operations at a single payments shall not reduce the General designated construction project shown in the Aggregate Limit shown in the Declarations nor Schedule above: shall they reduce any other Designated 1. A separate Designated Construction Project Construction Project General Aggregate Limit General Aggregate Limit applies to each for any other designated construction project designated construction project, and that limit shown in the Schedule above. is equal to the amount of the General 4. The limits shown in the Declarations for Each Aggregate Limit shown in the Declarations. Occurrence, Damage To Premises Rented To 2. The Designated Construction Project General You and Medical Expense continue to apply. Aggregate Limit is the most we will pay for the However, instead of being subject to the sum of all damages under Coverage A, General Aggregate Limit shown in the except damages because of "bodily injury" or Declarations, such limits will be subject to the "property damage" included in the "products- applicable Designated Construction Project completed operations hazard," and for General Aggregate Limit. medical expenses under Coverage C regardless of the number of: a. Insureds; b. Claims made or "suits" brought; or c. Persons or organizations making claims or bringing "suits." CG 25 03 05 09 Copyright, Insurance Services Office, Inc., 2008 Page 1 of 2 B. For all sums which the insured becomes legally C. obligated to pay as damages caused by "occurrences" under Section I — Coverage A, and for all medical expenses caused by accidents under Section I — Coverage C, which cannot be attributed only to ongoing operations at a single designated construction project shown in the Schedule above: 1. Any payments made under Coverage A for damages or under Coverage C for medical D. expenses shall reduce the amount available under the General Aggregate Limit or the Products -completed Operations Aggregate Limit, whichever is applicable; and 2. Such payments shall not reduce any Designated Construction Project General Aggregate Limit. When coverage for liability arising out of the "products -completed operations hazard" is provided, any payments for damages because of "bodily injury" or "property damage" included in the "products -completed operations hazard" will reduce the Products -completed Operations Aggregate Limit, and not reduce the General Aggregate Limit nor the Designated Construction Project General Aggregate Limit. If the applicable designated construction project has been abandoned, delayed, or abandoned and then restarted, or if the authorized contracting parties deviate from plans, blueprints, designs, specifications or timetables, the project will still be deemed to be the same construction project. E. The provisions of Section III — Limits Of Insurance not otherwise modified by this endorsement shall continue to apply as stipulated. Page 2 of 2 Copyright, Insurance Services Office, Inc., 2008 CG 25 03 05 09 CNA G-140331-D (Ed. 01/13) BLANKET ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS — WITH PRODUCTS -COMPLETED OPERATIONS COVERAGE It is understood and agreed that this endorsement amends the COMMERCIAL GENERAL LIABILITY COVERAGE PART as follows: SCHEDULE (OPTIONAL) Name of Additional Insured Persons Or Organizations (As required by "written contract" per Paragraph A. below.) Locations of Covered Operations (As per the "written contract," provided the location is within the "coverage territory" of this Coverage Part.) A. Section II - Who Is An Insured is amended to include as an additional insured: 1. Any person or organization whom you are required by "written contract" to add as an additional insured on this Coverage Part; and 2. The particular person or organization, if any, scheduled above. B. The insurance provided to the additional insured is limited as follows: 1. The person or organization is an additional insured only with respect to liability for "bodily injury," "property damage," or "personal and advertising injury" caused in whole or in part by: a. Your acts or omissions, or the acts or omissions of those acting on your behalf, in the performance of your ongoing operations specified in the "written contract"; or b. "Your work" that is specified in the "written contract" but only for "bodily injury" or "property damage" included in the "products -completed operations hazard," and only if: (1) The "written contract" requires you to provide the additional insured such coverage; and (2) This Coverage Part provides such coverage. 2. If the "written contract" specifically requires you to provide additional insurance coverage via the 10/01 edition of CG2010 (aka CG 20 10 10 01), or via the 10/01 edition of CG2037 (aka CG 20 37 10 01), or via the 11 /85 edition of CG2010 (aka CG 20 10 11 85), then in paragraph B.1. above, the words 'caused in whole or in part by' are replaced by the words 'arising out of'. 3. We will not provide the additional insured any broader coverage or any higher limit of insurance than: a. The maximum permitted by law; b. That required by the "written contract"; c. That described in B.1. above; or d. That afforded to you under this policy, whichever is less. 4. Notwithstanding anything to the contrary in Condition 4. Other Insurance (Section IV), this insurance is excess of all other insurance available to the additional insured whether on a primary, excess, contingent or G-140331-D (Ed. 01/13) POLICY #: GL2074978689 Page 1 of 2 EFFECTIVE: 10/01/2018 Copyright, CNA All Rights Reserved. CNA G-140331-D (Ed. 01/13) any other basis. But if required by the "written contract' to be primary and non-contributory, this insurance will be primary and non-contributory relative to insurance on which the additional insured is a Named Insured. 5. The insurance provided to the additional insured does not apply to "bodily injury," "property damage," or "personal and advertising injury" arising out of: a. The rendering of, or the failure to render, any professional architectural, engineering, or surveying services, including: (1) The preparing, approving, or failing to prepare or approve maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; and (2) Supervisory, inspection, architectural or engineering activities; or b. Any premises or work for which the additional insured is specifically listed as an additional insured on another endorsement attached to this Coverage Part. C. SECTION IV— COMMERCIAL GENERAL LIABILITY CONDITIONS is amended as follows: 1. The Duties In The Event of Occurrence, Offense, Claim or Suit condition is amended to add the following additional conditions applicable to the additional insured: An additional insured under this endorsement will as soon as practicable: (1) Give us written notice of an 'occurrence" or an offense which may result in a claim or "suit' under this insurance, and of any claim or "suit' that does result; (2) Except as provided in Paragraph B.4. of this endorsement, agree to make available any other insurance the additional insured has for a loss we cover under this Coverage Part; (3) Send us copies of all legal papers received, and otherwise cooperate with us in the investigation, defense, or settlement of the claim or "suit'; and (4) Tender the defense and indemnity of any claim or "suit' to any other insurer or self insurer whose policy or program applies to a loss we cover under this Coverage Part. But if the "written contract' requires this insurance to be primary and non-contributory, this provision (4) does not apply to insurance on which the additional insured is a Named Insured. We have no duty to defend or indemnify an additional insured under this endorsement until we receive from the additional insured written notice of a claim or "suit." D. Only for the purpose of the insurance provided by this endorsement, SECTION V —DEFINITIONS is amended to add the following definition: "Written contract" means a written contract or written agreement that requires you to make a person or organization an additional insured on this Coverage Part, provided the contract or agreement: 1. Is currently in effect or becomes effective during the term of this policy; and 2. Was executed prior to: a. The "bodily injury" or "property damage"; or b. The offense that caused the "personal and advertising injury," for which the additional insured seeks coverage under this Coverage Part. All other terms and conditions of the Policy remain unchanged. Material used with permission of ISO Properties, Inc. G-140331-D (Ed. 01/13) POLICY #: GL2074978689 Page 2 of 2 EFFECTIVE: 10/01/2018 Copyright, CNA All Rights Reserved. G-15115-A (Ed. 10/89) Policy Number: GL2074978689 Effective: 10/01 /2018 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CHANGES - NOTICE OF CANCELLATION OR MATERIAL COVERAGE CHANGE This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART LIQUOR LIABILITY COVERAGE PART OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE PART POLLUTION LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART RAILROAD PROTECTIVE LIABILITY COVERAGE PART In the event of cancellation or material change that reduces or restricts the insurance afforded by this Coverage Part (other than the reduction of aggregate limits through payment of claims), we agree to mail prior written notice of can- cellation or material change to: SCHEDULE 1. Name: Any person or organization you are required by written contract or agreement to mail prior written notice of cancellation or material change. 2. Address: Per Certificates of Insurance on file with the broker. 3. Number of days advance notice: For non-payment of premium, the greater of: • the number of days required by state statute or • the number of days required by written contract For any other reason, the lesser of: • 60 days or • the number of days required in a written contract G-15115-A Page 1 of 1 (Ed. 10/89) THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. Waiver of Transfer of Rights of Recovery Against Others to Us This endorsement modifies insurance provided under the following: Commercial General Liability Coverage Form Under SECTION IV — COMMERCIAL GENERAL LIABILITY CONDITIONS, The Transfer Of Rights Of Recovery Against Others To Us Condition is amended by the addition of the following: We waive any right of recovery we may have against any person or organization because of payments we make for injury or damage arising out of: 1. Your ongoing operations; or 2. "Your work" included in the "products completed operations hazard." However, this waiver applies only when you have agreed in writing to waive such rights of recovery in a contract or agreement, and only if the contract or agreement: 1. Is in effect or becomes effective during the term of this policy; and 2. Was executed prior to loss. This endorsement is part of your policy and takes effect on the effective date of your policy, unless another effective date is shown below. Must Be Completed ENDT. NO. POLICY NO. 26 GL 2074978689 Complete Only When This Endorsement Is Not Prepared with the Policy Or Is Not to be Effective with the Policy ISSUED TO: EFFECTIVE DATE OF THIS ENDORSEMENT: Intermountain Slurry Seal, Inc. 10/01/18 CNA CNA71527XX (Ed. 10/12) ADDITIONAL INSURED - PRIMARY AND NON-CONTRIBUTORY It is understood and agreed that this endorsement amends the BUSINESS AUTO COVERAGE FORM as follows: SCHEDULE Name of Additional Insured Persons Or Organizations Any person or organization whom the named insured is required by written contract to add as an additional insured on this policy. 1. In conformance with paragraph A.1.c. of Who Is An Insured of Section II — LIABILITY COVERAGE, the person or organization scheduled above is an insured under this policy. 2. The insurance afforded to the additional insured under this policy will apply on a primary and non-contributory basis if you have committed it to be so in a written contract or written agreement executed prior to the date of the "accident" for which the additional insured seeks coverage under this policy. All other terms and conditions of the Policy remain unchanged. CNA71527XX (10/12) Page 1 of 1 Policy No: Endorsement No: Effective Date: BUA2074978692 10/01 /2018 Insured Name: Intermountain Slurry Seal, Inc. Copyright CNA All Rights Reserved. CNA G-17832-B (Ed. 12/10) Policy Number: BUA 2074978692 Effective: 10/01 /2018 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CANCELLATION BY US This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM GARAGE COVERAGE FORM TRUCKERS'COVERAGEFORM Paragraph 2. of Cancellation (Common Policy Conditions) is replaced by the following: 2. We may cancel this Coverage Part by mailing or delivering to the first Named Insured written notice of cancellation at least: a. 10 days before the effective date of cancellation if we cancel for non-payment of premium, or b. 90 days before the effective date of cancellation if we cancel for any other reason. G-17832-B Page 1 of 1 (Ed. 12/10) POLICY NUMBER: BUA2074978692 COMMERCIAL AUTO CA04441013 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US (WAIVER OF SUBROGATION) This endorsement modifies insurance provided under the following: AUTO DEALERS COVERAGE FORM BUSINESS AUTO COVERAGE FORM MOTOR CARRIER COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by the endorsement. This endorsement changes the policy effective on the inception date of the policy unless another date is indicated below. Named Insured: Intermountain Slurry Seal, Inc. Endorsement Effective Date: 10/01/2018 SCHEDULE Name(s) Of Person(s) Or Organization(s): Any person or organization for whom or which you are required by written contract or agreement to obtain this waiver from us. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. The Transfer Of Rights Of Recovery Against Others To Us condition does not apply to the person(s) or organization(s) shown in the Schedule, but only to the extent that subrogation is waived prior to the "accident" or the "loss" under a contract with that person or organization. CA 04 44 10 13 Copyright, Insurance Services Office, Inc., 2011 Page 1 of 1 (Ed. 1 Ql93) WORKERS' COMPENSATION AND EMPLOYERS' LIABILITY INSURANCE POLICY NOTICE OF CANCELLATION OR MATERIAL CHANGE ENDORSEMENT In the event of cancellation or other material change of the policy, we will mail advance notice to the person or organization named in the Schedule. The number of days advance notice is shown in the Schedule. This endorsement shall not operate directly or indirectly to benefit anyone not named in the Schedule. Schedule 1, Number of days advance notice: For non-payment of premium, the greater of: • the number of days required by state statute or • the number of days required by written contract For any other reason, the lesser of: • 60 days or • the number of days required in a written contract 2. Notice will be mailed to: Any person or organization you are required by written contract or agreement to mail prior written notice of cancellation or material change. Address: Per Certificates of Insurance on file with the broker This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise staled (The information below is required only when this endorsement is issued subsequent to preparation of the policy ) Endorsement Effective 10-1-19 Policy No.WC274978630 Valley Forge Insurance Company WC274978644 Valley Forge Insurance Company WC274978658 Transportation Insurance Company WC274978661 Transportation Insurance Company WC 99 06 05 G-20472-A Page 1 of 1 (Ed. 10193) G-19160-B (Ed. 11/97) WORKERS' COMPENSATION AND EMPLOYERS' LIABILITY INSURANCE POLICY BLANKET WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS- CALIFORNIA This endorsement changes the policy to which it is attached. It is agreed that Part One — Workers' Compensation Insurance G. Recovery From Others and Part Two — Employers' Liability Insurance H. Recovery From Others are amended by adding the following: We will not enforce our right to recover against persons or organizations. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) PREMIUM CHARGE —n/a The charge will be an amount to which you and we agree that is a percentage of the total standard premium for California exposure. The amount is n/a %. UTAH WAIVER OF SUBROGATION ENDORSEMENT This endorsement applies only to the insurance provided by the policy because Utah is shown in Item 3.A. of the Information Page. We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) This agreement shall not operate directly or indirectly to benefit anyone not named in the Schedule. Our waiver of rights does not release your employees' rights against third parties and does not release our authority as trustee of claims against third parties. Schedule : Any person or organization for whom the named insured has agreed by written contract to furnish this waiver. WC43 03 05 (Ed 7-00) WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT All Other States where allowed (except CA, TX, UT) We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) This agreement shall not operate directly or indirectly to benefit anyone not named in the Schedule. Schedule Any person or organization for whom the named insured has agreed by written contract to furnish this waiver WC00 03 13 (Ed 4-84) This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated. (The information below is required only when this endorsement is issued subsequent to preparation of the policy.) Endorsement Effective 10/01/2019 WC274978644 Valley Forge Insurance Company WC274978658 Transportation Insurance Company WC274978661 Transportation Insurance Company WC274978630 Valley Forge Insurance Company G-19160-B (Ed. 11/97) Page 1 of 1 Workers Compensation And Employers Liability Insurance CMAPolicy Endorsement 1 This endorsement applies only to the insurance provided by the policy because Texas is shown in Item 3.A. of the Information Page. We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule, but this waiver applies only with respect to bodily injury arising out of the operations described in the Schedule where you are required by a written contract to obtain this waiver from us. This endorsement shall not operate directly or indirectly to benefit anyone not named in the Schedule. The premium for this endorsement is shown in the Schedule. Schedule 1. ❑ Specific Waiver Name of person or organization X❑ Blanket Waiver Any person or organization for whom the Named Insured has agreed by written contract to furnish this waiver. 2. Operations: All Texas Operations 3. Premium: The premium charge for this endorsement shall be 2% percent of the premium developed on payroll in connection with work performed for the above person(s) or organization(s) arising out of the operations described. 4. Advance Premium: Refer to Schedule of Operations All other terms and conditions of the policy remain unchanged. This endorsement, which forms a part of and is for attachment to the policy issued by the designated Insurers, takes effect on the Policy Effective Date of said policy at the hour stated in said policy, unless another effective date (the Endorsement Effective Date) is shown below, and expires concurrently with said policy unless another expiration date is shown below. Form No: WC 42 03 04 B (06-2014) Policy No: WC 2 74978644 Endorsement Effective Date: Endorsement Expiration Date: Policy Effective Date: 10/01 /2019 Endorsement No: 135; Page: 1 of 1 Policy Page: 199 of 200 Underwriting Company: Valley Forge Insurance Company, 151 N Franklin St, Chicago, IL 60606 ° Copyright 2014 National Council on Compensation Insurance, Inc. All Rights Reserved CONTRACT Page Intentionally Left Blank I I Contract 15772 STATE OF TEXAS COUNTY OF LUBBOCK THIS AGREEMENT, made and entered into this 13' day of Agril, 2021 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 Intermountain Slurry Seal, Inc. of the City of Salt Lake City, County of Salt Lake County and the State of Utah 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: RFP 21-15772-TF Micro -Surfacing 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. Intermountain Slurry Seal, Inc.'s proposal dated February 25, 2021, is incorporated into and made a part of this agreement. The CONTRACTOR hereby agrees to commence work within ten days after the date written notice to do so shall have been given to him and to substantially complete same within the time specified in the contract documents. The OWNER agrees to pay the CONTRACTOR in current funds for the performance of the contract in accordance with the proposal submitted therefore, subject to additions and deductions, as provided in the contract documents and to make payment on account thereof as provided therein. IN WITNESS WHEREOF, the p Texas in the year and day first above CONTRACTOR: �* Intermountain Slurry Seal, Inc. Z ap- PRINTED NAME: Ashley M. Stinson TITLE: Vice President COMPLETE ADDRESS: Intermountain Slurry Seal, Inc. 1000 North Warm Springs Road Salt Lake City, UT 84116 ATTEST: See Attached Certificate of Secretary Corporate Secretary I have executed this agreement in Lubbock, Lubbock County, CITY OF rUB!BO K, EXAS (OWNER): By: Daniel M. Pope, Mayor ATTEST: Name (Printed) ate APPf,PVED AS TO FORM: iw &09j4 Kakli Leisure, Assistant City Attorney Page Intentionally Left Blank CONFLICT OF INTEREST OUESTIONNAIRE CHAPTER 176 CONFLICT OF INTEREST QUESTIONNAIRE CHAPTER 176 FOR VENDOR DOING BUSINESS WITH LOCAL GOVERNMENTAL ENTITY This questionnaire reflects changes made to law by H.B. 23, 84th Leg., Regular Session Businesses and individuals doing business with the City need to file conflict of interest questionnaires with the Office of the City Secretary's Office. Local government officers are also required to file when a conflict exists. The questionnaire is to be filed in accordance with Chapter 176, Local Government Code, by a vendor who has a business relationship as defined by Section 176.001 (1-a) with a local governmental entity and the vendor meets the requirements under Section 176.006(a). By law this questionnaire must be filed with the City Secretary's Office of the local governmental entity no later than the 7th business day after the date the vendor becomes aware of the facts that require the statement to be filled. Chapter 176 of the Local Government Code requires the City Manager and Council Members to file a Conflicts Disclosure Statement regarding their relationships with City vendors (including bidders and potential vendors). The law also requires that any vendor who contracts, or seeks to contract, with the City for the sale or purchase of property, goods or services (including a bidder on a City contract) file a "Conflict of Interest Questionnaire" regarding the vendor's business relationships, if any, with Council Members or the City Manager. Compliance is the responsibility of each individual, business or agent who is subject to the law's filing requirement. Questions about compliance should be directed to your legal counsel. Office of the City Secretary 1314 Avenue K, Floor 10 Lubbock, Texas, 79401 Questionnaire is available at https:Hci.lubbock.tx.us/departments/purchasing/vendor-information CHAPTER 46. DISCLOSURE OF INTERESTED PARTIES Texas Government Code 2252.908 Disclosure of Interested Parties Form 1295 House Bill 1295, adopted by the 84th Legislature, created §2252.908, Texas Government Code. Section 2252.908 requires a business entity entering into certain contracts with a governmental entity or state agency to file with the governmental entity or state agency a disclosure of interested parties at the time the business entity submits the signed contract to the governmental entity or state agency. §2252.908, Texas Government Code requires the commission to adopt rules necessary to implement the new disclosure requirement and to prescribe the disclosure form. Section 2252.908 requires the disclosure form to be signed by the authorized agent of the contracting business entity, acknowledging that the disclosure is made under oath and under penalty of perjury. Section 2252.908 applies only to a contract that requires an action or vote by the governing body of the governmental entity or state agency before the contract may be signed or has a value of at least $1 million. Section 2252.908 provides definitions of certain terms occurring in the section. House Bill 1295 provides that §2252.908 applies only to a contract entered into on or after January 1, 2016. An interested party is defined as a person who has a controlling interest in a business entity with whom a governmental entity or state agency contracts or who actively participates in facilitating the contract or negotiating the terms of the contract, including a broker, intermediary, adviser, or attorney for the business entity. Contractors are required to acquire Form 1295 via the Texas Ethics Commission website. This requires registration, generation of Form 1295 with a unique Certificate Number & filing date, printing the form, signing the form, and returning the form to City of Lubbock Purchasing & Contract Management Department. Once the form is received by the Purchasing and Contract Management Department, the Buyer associated with the project will log -in to the Texas Ethics Commission portal and acknowledge receipt of the form not later than the 30th day after the date the contract for which the form was filed binds all parties to the contract. This will complete the form for the contract with which the form is associated. The completed form will be made available via the Texas Ethics Commission website. Form 1295 can be generated via the Texas Ethics Commission web portal. The website and detailed instructions are located at: httDs://www.ethics.state.tx.us/whatsnew/elf info form1295.htm PLEASE DO NOT COMPLETE FORM 1295 UNTIL YOU HAVE BEEN NOTIFIED OF CONTRACT AWARD AND REQUESTED TO ELECTRONICALLY FILE FORM 1295 WITH THE TEXAS ETHICS COMMISSION. GENERAL CONDITIONS OF THE AGREEMENT Page Intentionally Left Blank 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 Intermountain Slurry Seal, Inc. who has agreed to perform the work embraced in this contract, or their legal representative. OWNER'S REPRESENTATIVE Whenever the word Owner's Representative or representative is used in this contract, it shall be understood as referring to, City of Lubbock, or its representative Dwain Mitchell, Senior Project Manager, 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 Offerors, General Instructions to Offerors, Proposal, Signed Agreement, Statutory Bonds (if required), General Conditions of the Agreement, Special Conditions of the Agreement (if any), Specifications, Plans, Insurance Certificates, and all other documents made available to Offeror for inspection in accordance with the Notice to Offerors. The above described materials are sometimes referred to herein as the "contract" or "contract documents". INTERPRETATION OF PHRASES Whenever the words "Directed," "Permitted," "Designated," "Required," "Considered Necessary," "Prescribed," or words of like import are used, it shall be understood that the direction, requirement, permission, order, designation or prescription of the Owner's Representative is intended; and similarly, the words "Approved," "Acceptable," "Satisfactory," or words of like import shall mean approved by or acceptable or satisfactory to the Owner's Representative. SUBCONTRACTOR The term Subcontractor, as employed herein, includes only those having a direct contract with the Contractor for performance of work on the project contemplated by these contract documents. Owner shall have no responsibility to any Subcontractor employed by Contractor for performance of work on the project contemplated by these contract documents, but said Subcontractors will look exclusively to Contractor for any payments due Subcontractor. The City reserves the right to approve or disapprove the selection of any subcontractor(s). WRITTEN NOTICE Written notice shall be deemed to have been duly served if delivered in person to the individual or to a member of the firm or to an officer of the corporation for whom it is intended, or if delivered at or sent certified mail to the last business address known to the party who gives the notice. CONTRACTOR'S RESPONSIBILITIES Unless otherwise stipulated, the Contractor shall provide and pay for all materials, supplies, machinery, equipment, tools, superintendence, labor, insurance, and all water, light, power, fuel, transportation and all other facilities necessary for the execution and completion of the work covered by the contract documents. Unless otherwise specified, all materials shall be new and both workmanship and materials shall be of a good quality. The Contractor shall, if required, furnish satisfactory evidence as to the kind and quality of materials. Materials or work described in words which so applied have well known, technical or trade meaning shall be held to refer such recognized standards. All work shall be done and all materials furnished in strict conformity with the contract documents. SUBSTANTIALLY COMPLETED The term "Substantially Completed" is meant that the structure or project contemplated by the contract documents has been made suitable for use or occupancy or the facility is in a condition to serve its intended purpose, but still may require minor miscellaneous work and adjustment. 10. LAYOUT Except as specifically provided herein, the Contractor shall be responsible for laying out all work and shall accomplish this work in a manner acceptable to the Owner's Representative. The Owner's Representative will check the Contractor's layout of all major structures and any other layout work done by the Contractor at Contractor's request, but this check does not relieve the Contractor of the responsibility of correctly locating all work in accordance with the Plans and Specifications. 11. KEEPING OF PLANS AND SPECIFICATIONS ACCESSIBLE The Contractor shall be furnished ten copies of all Plans and Specifications without expense to Contractor and Contractor shall keep one copy of same consistently accessible on the job site. 12. RIGHT OF ENTRY The Owner's Representative may make periodic visits to the site to observe the progress or quality of the executed work and to determine, in general, if the work is proceeding in accordance with the contract documents. Owner's Representative will not be required to make exhaustive or continuous onsite inspections to check the quality or quantity of the work, nor will Owner's Representative be responsible for the construction means, methods, techniques, sequences or procedures, or the safety precautions incident thereto. Notwithstanding the Owner's Representative's rights of entry hereunder, the Owner's Representative will not be responsible for the Contractor's failure to perform the work in accordance with the Contract Documents. 13. LINES AND GRADES The Contractor is responsible for construction layout based on the control provided in the construction documents. All lines and grades shall be furnished whenever Owner's Representative (as distinguished from Resident Project Representative(s)) 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. 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 (as distinguished from Resident Project Representative(s))has the authority to review all work included herein. The Owner's Representative has the authority to stop the work whenever such stoppage may be necessary to ensure the proper execution of the contract. The Owner's Representative shall, in all cases, determine the amounts and quantities of the several kinds of work which are to be paid for under the contract documents, and shall determine all questions in relation to said work and the construction thereof, and shall, in all cases, decide every question which may arise relative to the execution of this contract on the part of said Contractor. The decision of the Owner's Representative shall be conclusive in the absence of written objection to same delivered to Owner's Representative within fifteen (15) calendar days of any decision or direction by Owner's Representative. In the absence of timely written objection by Contractor, as provided herein, any and all objection or objections shall be deemed waived. 15. SUPERINTENDENCE AND INSPECTION It is agreed by the Contractor that the Owner's Representative shall be and is hereby authorized to appoint from time to time such subordinate engineers, supervisors, or inspectors, as distinguished from Resident Project Representative, 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. 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. 18. CHARACTER OF WORKERS The Contractor agrees to employ only orderly and competent workers, skillful in the performance in the type of work required under this contract, to do the work; and agrees that whenever the Owner's Representative shall inform Contractor in writing that any person or persons on the work, are, in Owner's Representative's sole opinion, incompetent, unfaithful, disorderly, or otherwise unacceptable to Owner or Owner's Representative, such person or persons shall be discharged from the work and shall not again be employed on the work without the Owner's Representative's written consent. 19. CONSTRUCTION PLANT The Contractor shall provide all labor, tools, equipment, machinery and materials necessary in the prosecution and completion of this contract where it is not otherwise specifically provided that Owner shall furnish same, and it is also understood that Owner shall not be held responsible for the care, preservation, conservation, or protection of any materials, tools, equipment or machinery or any part of the work until it is finally completed and accepted. The building of structures for the housing of workers or equipment will be permitted only at such places as the Owner's Representative shall consent or direct, and the sanitary conditions of the grounds in or about such structure shall at all times be maintained in a manner satisfactory to the Owner's Representative. 20. SANITATION Necessary sanitary conveniences for the use of laborers on the work site, properly secluded from public observation, shall be constructed and maintained by the Contractor in such manner and at such points as shall be approved by the Owner's Representative and their use shall be strictly enforced. 21. OBSERVATION AND TESTING The Contractor is responsible for construction quality control testing, cost, and reporting of the type and extent required by the contract documents. The Owner or Owner's Representative shall have the right at all times to observe and test the work. Contractor shall make necessary arrangements and provide proper facilities and access for such observation and testing at any location wherever such work is in preparation or progress. Contractor shall ascertain the scope of any observation that may be contemplated by Owner or Owner's Representative and shall give ample notice as to the time each part of the work will be ready for such observation. Owner or Owner's Representative may reject any such work found to be defective or not in accordance with the contract documents, regardless of the stage of its completion or the time or place of discovery of such errors and regardless of whether Owner's Representative has previously accepted the work. If any such work should be covered without approval or consent of the Owner, it must, if requested by Owner or Owner's Representative, be uncovered for examination at Contractor's expense. In the event that any part of the work is being fabricated or manufactured at a location where it is not convenient for Owner or Owner's Representative to make observations of such work or require testing of said work, then in such event Owner or Owner's Representative may require Contractor to furnish Owner or Owner's Representative certificates of inspection, testing or approval made by persons competent to perform such tasks at the location where that part of the work is being manufactured or fabricated. All such tests will be in accordance with the methods prescribed by the American Society for Testing and Materials or such other applicable organization as may be required by law or the contract documents. 4 If any such work which is required to be inspected, tested, or approved is covered up without written approval or consent of the Owner or Owner's Representative, it must, if requested by the Owner or Owner's Representative, be uncovered for observation and testing at the Contractor's expense. The cost of all such inspections, tests and approvals shall be borne by the Contractor unless otherwise provided herein. Any work which fails to meet the requirements of any such tests, inspections or approvals, and any work which meets the requirements of any such tests or approvals but does not meet the requirements of the contract documents shall be considered defective, and shall be corrected at the Contractor's expense. Neither observations by the Owner or Owner's Representative, nor inspections, tests, or approvals made by Owner, Owner's Representative, or other persons authorized under the contract documents to make such inspections, tests, or approvals shall relieve the Contractor from its obligation to perform the work in accordance with the requirements of the contract documents. 22. DEFECTS AND THEIR REMEDIES It is expressly agreed that if the work or any part thereof, or any material brought on the site of the work for use in the work or selected for the same, shall be deemed by the Owner or Owner's Representative as unsuitable or not in conformity with plans, specifications and/or contract documents, the Contractor shall, after receipt of written notice thereof from the Owner's Representative, forthwith remove such material and rebuild or otherwise remedy such work so that it shall be in full accordance with the contract documents. It is further agreed that any remedial action contemplated as hereinabove set forth shall be at Contractor's expense. 23. CHANGES AND ALTERATIONS The Contractor further agrees that the Owner may make such changes and alterations as the Owner may see fit, in 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 proposal, except as provided under Changes and Alterations in Paragraph 23. It is agreed that the Contractor shall perform all extra work under the observation 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 to the firm actually performing the work, and additional higher -tier markups limited to 5% to cover additional overhead and insurance costs; 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, as estimated by the Engineer and approved by the Owner.. 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 workers, such as foremen, timekeepers, mechanics and laborers, materials, supplies, teams, trucks, rentals on machinery and equipment, for the time actually employed or used on such extra work, plus actual transportation charges necessarily incurred, together with all expenses incurred directly on account of such extra work, including Social Security, Old Age Benefits, Maintenance Bonds, Public Liability and Property Damage and Workers' Compensation and all other insurances as may be required by law or ordinances or directed by the Owner or Owner's Representative, or by them agreed to. Owner's Representative may direct the form in which accounts of the actual field cost shall be kept and records of these accounts shall be made available to the Owner's Representative. The Owner's Representative may also specify in writing, before the work commences, the method of doing the work and the type and kind of machinery and equipment to be used; otherwise, these matters shall be determined by the Contractor. Unless otherwise agreed upon, the prices for the use of machinery and equipment shall be determined by using 100%, unless otherwise specified, of the latest Schedule of Equipment and Ownership Expenses adopted by the Associated General Contractors of America. Where practical, the terms and prices for the use of machinery and equipment shall be incorporated in the written extra work order. The fifteen percent (15%) of the actual field cost to be paid to Contractor shall cover and compensate Contractor for its profit, overhead, general superintendence and field office expense, and all other elements of cost and expense not embraced within the actual field cost as herein defined, save that where the Contractor's Camp or Field Office must be maintained primarily on account of such Extra Work, then the cost to maintain and operate the same shall be included in the "actual field cost." No claim for extra work of any kind will be allowed unless ordered in writing by Owner's Representative. In case any orders or instructions appear to the Contractor to involve extra work for which Contractor should receive compensation or an adjustment in the construction time, Contractor shall prior to commencement of such extra work, make written request to the Owner's Representative for a written order authorizing such extra work. Should a difference of opinion arise as to what does or does not constitute extra work or as to the payment therefore, and the Owner's Representative insists upon its performance, the Contractor shall proceed with the work after making written request for written order and shall keep adequate and accurate account of the actual field cost thereof, as provided under Method (C) (1). If Contractor does not notify Owner's Representative before the commencement of any extra work, any claim for payment due to alleged extra work shall be deemed waived. 25. DISCREPANCIES AND OMISSIONS It is further agreed that it is the intent of the contract documents that all work described in the proposal, the specifications, plans and other contract documents, is to be done for the prices quoted by the Contractor and that such price shall include all appurtenances necessary to complete the work in accordance with the intent of these contract documents as interpreted by Owner's Representative. 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 proposals are received, and if no such notice is received by the Owner's Representative prior to the opening of proposals, then it shall be deemed that the Contractor fully understands the work to be included and has provided sufficient sums in its proposal to complete the work in accordance with these plans and specifications. If Contractor does not notify Owner's Representative before offering 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 proposals. In the absence of a 0 requested clarification for a conflict in the documents prior to proposals being reviewed, it will be assumed that the Contractor proposes the higher cost alternative on conflicts identified after proposals are reviewed. 26. RIGHT OF OWNER TO MODIFY METHODS AND EQUIPMENT If at any time the methods or equipment used by the Contractor are found to be inadequate to secure the quality of work with the rate of progress required under this contract, the Owner or Owner's Representative may order the Contractor in writing to increase their safety or improve their character and efficiency and the Contractor shall comply with such order. If, at any time, the working force of the Contractor is inadequate for securing the progress herein specified, the Contractor shall, if so ordered in writing, increase its force or equipment, or both, to such an extent as to give reasonable assurance of compliance with the schedule of progress. 27. PROTECTION AGAINST ACCIDENT TO EMPLOYEES AND THE PUBLIC AND GENERAL INDEMNITY The Contractor shall take out and procure a policy or policies of Workers' Compensation Insurance with an insurance company licensed to transact business in the State of Texas, which policy shall comply with the Workers' Compensation laws of the State of Texas. The Contractor shall at all times exercise reasonable precaution for the safety of employees and others on or near the work and shall comply with all applicable provisions of federal, state and municipal laws and building and construction codes. All machinery and equipment and other physical hazards shall be guarded in accordance with the "Manual of Accident Prevention in Construction" of Associated General Contractors of America, except where incompatible with federal, state or municipal laws or regulations. The Contractor, its sureties and insurance carriers shall defend, indemnify and hold harmless the Owner and Engineer and all of its officers, agents and employees against any all losses, costs, damages, expenses, liabilities, claims and/or causes of action, whether known or unknown, fixed, actual, accrued or contingent, liquidated or unliquidated, including, but not limited to, attorneys' fees and expenses, in connection with, incident to, related to, or arising out of, the Contractor's or any subcontractor's, agent's or employee's, in any manner whatsoever, omission, execution and/or supervision of this contract, and the project which is the subject matter of this contract. The safety precautions taken shall be the sole responsibility of the Contractor, in its sole discretion as an Independent Contractor; inclusion of this paragraph in the Agreement, as well as any notice which may be given by the Owners or the Owner's Representative concerning omissions under this paragraph as the work progresses, are intended as reminders to the Contractor of its duty and shall not be construed as any assumption of duty to supervise safety precautions by either the Contractor or any of its subcontractors. 28. CONTRACTOR'S INSURANCE The Contractor shall not commence work under this contract until he has obtained all insurance as required in the General Conditions of the contract documents, from an underwriter authorized to do business in the State of Texas and satisfactory to the City. Proof of coverage shall be furnished to the City and written notice of cancellation or any material change will be provided ten (10) calendar days in advance of cancellation or change. All policies of insurance, required herein, including policies of insurance required to be provided by Contractor and its subcontractors, shall contain a waiver of any and all of the insurer's or payor's, in the event of self-insurance, rights to subrogation that any such insurer or payor, in the event of self-insurance, may acquire by virtue of payment of any loss under such insurance or self-insurance. All certificates of insurance submitted to the City in conformity with the provisions hereof shall establish such waiver. The Contractor shall procure and carry at its sole cost and expense through the life of this contract, insurance protection as hereinafter specified. Coverage in excess of that specified herein also shall be acceptable. Such insurance shall be carried with an insurance company authorized to transact business in the State of Texas and shall cover all operations in connection with this contract, whether performed by the Contractor or a subcontractor, or separate policies shall be provided covering the operation of each subcontractor. A certificate of insurance specifying each and all coverages shall be submitted prior to contract execution. PROOF OF COVERAGE SHALL BE FURNISHED TO THE CITY OF LUBBOCK IN THE FORM OF A CERTIFICATE OF INSURANCE. THE INSURANCE CERTIFICATES FURNISHED SHALL NAME THE CITY OF LUBBOCK AS ADDITIONAL INSURED ON AUTO/GENERAL LIABILITY ON A PRIMARY AND NON-CONTRIBUTORY BASIS TO INCLUDE PRODUCTS OF COMPLETE OPERATIONS. PROVIDE A WAIVER OF SUBROGATION IN FAVOR OF THE CITY OF LUBBOCK. IT SHALL BE THE CONTRACTOR'S RESPONSIBILITY TO PROVIDE TO THE OWNER ALL PROOF OF COVERAGE INSURANCE DOCUMENTS INCLUDING WORKERS COMPENSATION COVERAGE FOR EACH SUBCONTRACTOR. COPIES OF THE ENDORSEMENTS ARE REQUIRED. A. Commercial General Liability Insurance (Primary Additional Insured and Waiver of Subrogation required) The contractor shall have Comprehensive General Liability Insurance with limits of $1,000,000 Combined Single Limit in the aggregate and $1,000,000 per occurrence to include: Products & Completed Operations Hazard Contractual Liability Personal Injury & Advertising Injury w/Heavy Equipment B. Owner's and Contractor's Protective Liability Insurance — NOT REQUIRED C. Comprehensive Automobile Liability Insurance (Waiver of Subrogation Required) The Contractor shall have Comprehensive Automobile Liability Insurance with limits of not less than; Bodily Injury/Property Damage, $1,000,000 Combined Single Limit per occurrence, to include all owned and non -owned cars including: Employers Non -ownership Liability Hired and Non -owned Vehicles. D. Builder's Risk Insurance/Installation Floater Insurance — NOT REQUIRED E. Umbrella Liability Insurance (Primary Additional Insured and Waiver of Subrogation required) The Contractor shall have Umbrella Liability Insurance in the amount of $4,000,000 on all contracts with coverage to correspond with Comprehensive General Liability and Comprehensive Automobile Liability coverage's. F. Worker's Compensation and Employers Liability Insurance (Waiver of Subrogation required) Worker's Compensation Insurance covering all employees whether employed by the Contractor or any Subcontractor on the job with Employers Liability of at least $1,000,000 1. Definitions: Certificate of coverage ("certificate") - A copy of a certificate of insurance, a certificate of authority to self -insure issued by the commission, or a coverage agreement (TWCC-81, TWCC-82, TWCC- 83, or TWCC-84), showing statutory workers' compensation insurance coverage for the person's or entity's employees providing services on a project, for the duration of the project. Duration of the project - includes the time from the beginning of the work on the project until the Contractor's/person's work on the project has been completed and accepted by the governmental entity. Persons providing services on the project ("subcontractor" in Section 406.096, Texas Labor Code) - includes all persons or entities performing all or part of the services the Contractor has undertaken to perform on the project, regardless of whether that person contracted directly with the Contractor and regardless of whether that person has employees. This includes, without limitation, independent contractors, subcontractors, leasing companies, motor carriers, owner -operators, employees of any such entity, or employees of any entity which furnishes persons to provide services on the project. "Services" include, without limitation, providing, hauling, or delivering equipment or materials, or providing labor, transportation, or other service related to a project. "Services" does not include activities unrelated to the project, such as food/beverage vendors, office supply deliveries, and delivery of portable toilets. 2. The Contractor shall provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements, which meets the statutory requirements of Texas Labor Code, Section 401.011(44) for all employees of the contractor providing services on the project, for the duration of the project. 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. 8. The Contractor shall post on each project site a notice, in the text, form and manner prescribed by the Texas Workers' Compensation Commission, informing all persons providing services on the project that they are required to be covered, and stating how a person may verify coverage and report lack of coverage. 9. The Contractor shall contractually require each person with whom it contracts to provide services on the project, to: 9 (a) provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements, which meets the statutory requirements of Texas Labor Code, Section 401.011(44) for all of its employees providing services on the project, for the duration of the project; (b) provide to the Contractor, prior to that person beginning work on the project, a certificate of coverage showing that coverage is being provided for all employees of the person providing services on the project, for the duration of the project; (c) provide the Contractor, prior to the end of the coverage period, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (d) obtain from each other person with whom it contracts, and provide to the Contractor: (1) a certificate of coverage, prior to the other person beginning work on the project; and (2) a new certificate of coverage showing extension of coverage, prior to the end of the coverage period, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (e) retain all required certificates of coverage on file for the duration of the project and for one year thereafter; (f) notify the governmental entity in writing by certified mail or personal delivery, within 10 days after the person knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project; and (g) contractually require each person with whom it contracts to perform as required by paragraphs (a) - (g), with the certificates of coverage to be provided to the person for whom they are providing services. 10. By signing this contract or providing or causing to be provided a certificate of coverage, the Contractor is representing to the governmental entity that all employees of the Contractor who will provide services on the project will be covered by worker's compensation coverage for the duration of the project, that the coverage will be based on proper reporting of classification codes and payroll amounts, and that all coverage agreements will be filed with the appropriate insurance carrier or, in the case of a self -insured, with the commission's Division of Self -Insurance Regulation. Providing false or misleading information may subject the Contractor to administrative penalties, criminal penalties, civil penalties, or other civil actions. 11. The Contractor's failure to comply with any of these provisions is a breach of contract by the Contractor which entitles the governmental entity to declare the contract void if the Contractor does not remedy the breach within ten days after receipt of notice of breach from the governmental entity. 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: 10 (1) (2) (3) (4) (5) (6) (7) (8) (9) The name and address of the insured. The location of the operations to which the insurance applies. The name of the policy and type or types of insurance in force thereunder on the date borne by such certificate. The expiration date of the policy and the limit or limits of liability thereunder on the date borne by such certificate. A provision that the policy may be canceled only by mailing written notice to the named insured at the address shown in the proposal specifications. 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. 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. If policy limits are paid, new policy must be secured for new coverage to complete project. 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: 11 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 800-372-7713 or 512-804-4000 (www.tdi.state.tx.us) 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 (2) prior to the end of the coverage period, a new certificate of coverage showing extension of the coverage period, if the coverage period shown 12 on the current certificate of coverage ends during the duration of the project; (vi) retain all required certificates of coverage on file for the duration of the project and for one year thereafter; (vii) notify the governmental entity in writing by certified mail or personal delivery, within 10 days after the person knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project; and (viii) contractually require each other person with whom it contracts, to perform as required by paragraphs (i)-(viii), with the certificate of coverage to be provided to the person for whom they are providing services. 29. DISABLED EMPLOYEES Contractors having more than fifteen (15) employees agree to comply with the Americans with Disabilities Act of 1990, and agree not to discriminate against a qualified individual with a disability because of the disability of such individual in regard to job application procedures, the hiring, advancement, or discharge of employees, employee compensation, job training, and other terms, conditions, and privileges of employment. 30. PROTECTION AGAINST CLAIMS OF SUBCONTRACTORS, LABORERS, MATERIALMEN, AND FURNISHERS OF MACHINERY, EQUIPMENT AND SUPPLIES Without limiting, in any way, manner or form, the indemnity provided by Contractor in paragraph 27 hereof, the Contractor agrees that it will indemnify and save the Owner and Engineer 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, material men and furnishers of machinery and parts thereof, equipment, power tools, and supplies, incurred in the performance of this contract and the project which is the subject matter of this contract. When Owner so desires, the Contractor shall furnish satisfactory evidence that all obligations of the nature hereinabove designated have been paid, discharged or waived. 31. PROTECTION AGAINST ROYALTIES OR PATENT INVENTION The Contractor shall pay all royalties and license fees, and shall provide for the use of any design, device, material or process covered by letters patent or copyright by suitable legal agreement with the Patentee or owner thereof. Without limiting, in any way, manner or form, the indemnity provided by Contractor in paragraph 27 hereof, the Contractor shall defend all suits or claims for infringement of any patent or copyrights and shall indemnify and save the Owner and Engineer, 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 offering. 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, 13 the indemnity provided by Contractor in paragraph 27 hereof, Contractor shall indemnify and save harmless the Owner and Engineer 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 proposing 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 there from. 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 Notice to Proceed and contract documents, respectively, 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 $1,204.28 PER CONSECUTIVE CALENDAR DAY, not as a penalty, but as liquidated damages for the breach of the contract as herein set forth for each and every working day that the Contractor shall be in default after the time stipulated for substantially completing the work. It is expressly understood and agreed, by and between Contractor and the Owner, that the time for the substantial completion of the work described herein is reasonable time for the completion of the same, taking into consideration the average climatic range and conditions and usual industrial conditions prevailing in this locality. The amount is fixed and agreed upon by and between the Contractor and the Owner because the actual damages the Owner would sustain in such event would be difficult and/or impossible to estimate, however, the amount agreed upon herein is a reasonable forecast of the amount necessary to render just compensation to Owner, and is expressly agreed to be not disproportionate to actual damages as measured at time of breach. IT IS FURTHER AGREED AND UNDERSTOOD BETWEEN THE CONTRACTOR AND OWNER THAT TIME IS OF THE ESSENCE OF THIS CONTRACT. 14 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 in such order of precedence, and in such manner as shall be most conductive to economy of construction. The Contractor shall ensure daily prosecution of the work is conducted every business day until completed, regardless if the work will be substantially or finally complete ahead of specified deadlines in the agreement, unless the City determines time off from said prosecution is necessary or reasonable and Contractor received said determination in writing from the City. Further, when the Owner is having other work done, either by contract or by its own force, the Owner's Representative (as distinguished from the Resident Project 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. Additionally, inclement weather shall be the only other reason consistent, daily prosecution of the work may not take place on those inclement weather days. 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 proposal in full recognition of the time required for the completion of this project, taking into consideration the average climatic range and industrial conditions prevailing in this locality, and has considered the liquidated damage provisions of paragraph 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 within 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 workers, 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 15 proposals 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, provided that the over run or under run of estimated quantities32 note exceed 15% of the estimated quantity. 39. PROTECTION OF ADJOINING PROPERTY The Contractor shall take proper means to protect the adjacent or adjoining property or properties in any way encountered, which may be injured or seriously affected by any process of construction to be undertaken under this agreement, from any damage or injury by reason of said process of construction; and Contractor shall be liable for any and all claims for such damage on account of his failure to fully protect all adjacent property. Without limiting, in any way, manner and form, the indemnity provided by Contractor in paragraph 27 hereof, the Contractor agrees to indemnify, save and hold harmless the Owner and Engineer, and any of its officers, agents and employees, against any and all claims or damages due to any injury to any adjacent or adjoining property, related to, arising from or growing out of the performance of this contract. 40. PRICE FOR WORK In consideration of the furnishing of all necessary labor, equipment and material and the completion of all work by the Contractor, and on the delivery of all materials embraced in this contract in full conformity with the specifications and stipulations herein contained, the Owner agrees to pay the Contractor the price set forth in the proposal attached hereto, which has been made a part of this contract, and the Contractor hereby agrees to receive such price in full for furnishing all materials and all labor required for the aforesaid work, also, for all expenses incurred by Contractor and for well and truly performing the same and the whole thereof in the manner and according to this agreement, the attached specifications, plans, contract documents and requirements of Owner's Representative. 41. PAYMENTS No payments made or certificates given shall be considered as conclusive evidence of the performance of the contract, either wholly or in part, nor shall any certificate or payment be considered as acceptance of defective work. Contractor shall at any time requested during the progress of the work furnish the Owner or Owner's Representative with a verifying certificate showing the Contractor's total outstanding indebtedness in connection with the work. Before final payment is made, Contractor shall satisfy Owner, by affidavit or otherwise, that there are no outstanding liens against Owner's premises by reason of any work under the contract. Acceptance by Contractor of final payment of the contract price shall constitute a waiver of all claims against Owner, Owner's agents and employees, which have not theretofore been timely filed as provided in this contract. 42. PARTIAL PAYMENTS On or before the tenth day of each month, the Contractor shall submit to Owner's Representative an application for partial payment. Owner's Representative shall review said application for partial payment if submitted, and the progress of the work made by the Contractor and if found to be in order, shall prepare a certificate for partial payment showing as completely as practical the total value of the work done by the Contractor up to and including the last day of the preceding month. The determination of the partial payment by the Owner's Representative shall be in accordance with Paragraph 14 hereof. The Owner shall then pay the Contractor on or before the fifteenth day of the current month the total amount of the Owner's Representative's Certificate of Partial Payment, less 5% of the amount thereof, which 5% shall be retained until final payment, and further, less all previous payments and all further sums that may be retained by Owner under the terms of the contract documents. 16 Payment for materials on hand and delivered to the project site will be limited to 100 percent less the 5 percent standard retainage until actually incorporated into the project. Any partial payment made hereunder shall not constitute a waiver by the Owner of any and all other rights to enforce the express terms of the contract documents, and all remedies provided therein, as to any and all work performed, to be performed and/or materials delivered hereunder, including, but limited to, work to which said partial payment is attributable. 43. SUBSTANTIAL COMPLETION Contractor shall give Owner's Representative written notice of substantial completion. Within thirty-one (31) working days after the Contractor has given the Owner's Representative written notice that the work has been substantially completed, the Owner's Representative and/or the Owner shall inspect the work and within said time, if the work be found to be substantially completed in accordance with the contract documents, the Owner's Representative shall issue to the Owner and Contractor a certificate of substantial completion. Notwithstanding the issuance of a certificate of substantial completion, Contractor shall proceed with diligence to finally complete the work within the time provided in this contract. 44. FINAL COMPLETION AND PAYMENT The Contractor shall give written notice to Owner's Representative of final completion. Upon written notice of final completion, the Owner's Representative shall proceed to make final measurement to determine whether final completion has occurred. If the Owner's Representative determines final completion has occurred, Owner's Representative shall so certify to the Owner. Upon certification by Owner's Representative of final completion, Owner shall pay to the Contractor on or before the 31 st working day after the date of certification of final completion, the balance due Contractor under the terms of this agreement. Neither the certification of final completion nor the final payment, nor any provisions in the contract documents shall relieve the Contractor of the obligation for fulfillment of any warranty which may be required in the contract documents and/or any warranty or warranties implied by law or otherwise. 45. CORRECTION OF WORK Contractor shall promptly remove from Owner's premises all materials condemned by the Owner's Representative on account of failure to conform to the contract documents, whether actually incorporated in the work or not, and Contractor shall at its own expense promptly replace such condemned materials with other materials conforming to the requirements of the contract documents. Contractor shall also bear the expense of restoring all work of other contractors damaged by any such removal or replacement. If Contractor does not remove and replace any such condemned work within a reasonable time but not to exceed 30 days after a written notice by the Owner or the Owner's Representative, Owner may remove and replace it at Contractor's expense. The Contractor shall pay all claims, cost, losses, and damages (including but not limited to all fees and charges of the engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution cost) arising out of or relating to such correction or removal. 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 two years 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 o£ 17 (a) Defective work not remedied and/or work not performed, (b) Claims filed or reasonable evidence indicating possible filing of claims, (c) Damage to another contractor, (d) Notification to owner of failure to make payments to Subcontractors or Suppliers, (e) Failure to submit up-to-date record documents as required, (f) Failure to submit monthly progress schedule updates or revised scheduled as requested by Owner, (g) Failure to provide Project photographs required by Specifications. When the above grounds are removed, or the Contractor provides a surety bond satisfactory to the Owner, in the amount withheld, payment shall be made for amounts withheld because of them. 47. CLAIM OR DISPUTE It is further agreed by both parties hereto that all questions of dispute or adjustment presented by the Contractor shall be in writing and filed with the Owner's Representative within fifteen (15) calendar days after the Owner's Representative has given any direction, order or instruction to which the Contractor desires to take exception. Timely written notice of dispute as provided in this contract of any decision by Owner's Representative or Owner shall be a condition precedent to the bringing and/or assertion of any action or claim by Contractor of any right under this Contract. If the matters set forth in the notice of dispute are not granted or otherwise responded to by Owner's Representative within fifteen (15) calendar days of receipt of notice of dispute by Owner's Representative, said objections shall be deemed denied. Any decision by the Owner's Representative, or deemed denial by the Owner's Representative, shall be final and conclusive in the absence of fraud. It is further agreed that the acceptance by the Contractor of the final payment shall be a bar to any and all claims of the Contractor, and constitute a waiver of the right to assert any claim against Owner, Owner's agents and employees and Owner's Representative, by Contractor. 48. NON-COMPLIANCE AND/OR ABANDONMENT BY CONTRACTOR In case the Contractor should (1) abandon and fail or refuse to resume work within fifteen (15) calendar days after written notification from the Owner or the Owner's Representative, or (2) if the Contractor fails to comply with the written orders of the Owner's Representative, when such orders are consistent with this contract, then the Surety on the bond shall be notified in writing and directed to complete the work and a copy of said notice shall be delivered to the Contractor. In the event a bond is not required by law, or otherwise obtained by the Contractor, no further notice of such non-compliance to Contractor shall be required. After receiving said notice of abandonment or non-compliance , the Contractor shall not remove from the work any machinery, equipment, tools, materials or supplies then on the job, but the same, together with any materials and equipment under the contract for work, may be held for use on the work by the Owner or the Surety of the Contractor, or another contractor, in completion of the work; and the Contractor shall not receive any rental or credit therefore (except when used in connection with Extra Work, where credit shall be allowed as provided for under paragraph 24 of this contract); it being understood that the use of such equipment and materials will ultimately reduce the cost to complete the work and be reflected in the final settlement. In the event the Contractor, or Surety, whichever is applicable, should fail to commence compliance with the notice hereinbefore provided within ten (10) calendar days after service of such notice, and/or shall fail to proceed with diligence to complete the project as contemplated and in compliance with all terms and provisions of the contract documents, then the Owner may exercise any and all remedies available to it pursuant to law, contract, equity or otherwise, including, but not limited to, providing for completion of the work in either of the following elective manners: (a) The Owner may employ such force of persons 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 18 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 proposals, after notice published as required by law, at least twice in a newspaper having a general circulation in the County of location of the work, may let the contract for the completion of the work under substantially the same terms and conditions which are provided in this contract. In case of any increase in cost to the Owner under the new contract as compared to what would have been the cost under this contract, such increase shall be charged to the Contractor and the Surety shall be and remain bound therefore. Should the cost to complete any such new contract prove to be less than that which would have been the cost to complete the work under this contract, the Contractor or his Surety shall be credited therewith. In the event the Owner's Representative elects to complete the work, as described above, when the work shall have been finally completed, the Contractor and his Surety shall be so notified and certification of completion as provided in paragraph 44 hereinabove set forth, shall be issued. A complete itemized statement of the contract accounts, certified to by Owner's Representative as being correct shall then be prepared and delivered to Contractor and his Surety, if applicable, whereon the Contractor or his Surety, or the Owner as the case may be, shall pay the balance due as reflected by said statement within 30 days after the date of certification of completion. In the event the statement of accounts shows that the cost to complete the work is less than that which would have been the cost to the Owner had the work been completed by the Contractor under the terms of this contract, or when the Contractor and/or his Surety, if applicable, shall pay the balance shown to be due by them to the Owner, then all machinery, equipment, tools, materials or supplies left on the site of the work shall be turned over to the Contractor and/or his Surety, if applicable. Should the cost to complete the work exceed the contract price, and the Contractor and/or his Surety, if applicable, fail to pay the amount due the Owner within the time designated hereinabove, and there remains any machinery, equipment, tools, materials or supplies on the site of the work, notice thereof, together with an itemized list of such equipment and materials shall be mailed to the Contractor and his Surety, if applicable, at the respective addresses designated in this contract; provided, however, that actual written notice given in any manner will satisfy this condition. After mailing, or other giving of such notice, such property shall be held at the risk of the Contractor and his Surety, if applicable, subject only to the duty of the Owner to exercise ordinary care to protect such property. After fifteen (15) calendar days from the date of said notice the Owner may sell such machinery, equipment, tools, materials or supplies and apply the net sum derived from such sale to the credit of the Contractor and his Surety, if applicable. Such sale may be made at either public or private sale, with or without notice, as the Owner may elect. The Owner shall release any machinery, equipment, tools, materials, or supplies that remain on the jobsite and belong to persons other than the Contractor or his Surety, if applicable, to their proper owners. The remedies provided to Owner by law, equity, contract, or otherwise, shall be cumulative, to the extent permitted by law. It is expressly agreed and understood that the exercise by Owner of the remedies provided in this paragraph shall not constitute an election of remedies on the part of Owner, and Owner, irrespective of its exercise of remedies hereunder, shall be entitled to exercise concurrently or otherwise, any and all other remedies available to it, by law, equity, contract or otherwise, including but not limited to, liquidated damages, as provided in paragraph 34, hereinabove set forth. 49. LIMITATION ON CONTRACTOR'S REMEDY The remedies of Contractor hereunder shall be limited to, and Owner shall be liable only for, work actually performed by Contractor and/or its subcontractors as set forth in the contract documents, and Owner shall not be 19 liable for any consequential, punitive or indirect loss or damage that Contractor may suffer in connection with the project which is the subject matter of this contract. 50. BONDS The Contractor is required to furnish a performance bond in accordance with Chapter 2253, Government Code, in the amount of 100% of the total contract price in the event that said contract price exceeds $100,000 and the Contractor is required to furnish a payment bond in accordance with Chapter 2253, Government Code, in the amount of 100% of the total contract price in the event that said contract price exceeds $50,000. All bonds shall be submitted on forms supplied by the Owner, and executed by a Surety Company listed on the State Treasury's "Approved" list and authorized to do business in the State of Texas. It is further agreed that this contract shall not be in effect until such bonds are so furnished. 51. SPECIAL CONDITIONS In the event special conditions are contained herein as part of the contract documents and said special conditions conflict with any of the general conditions contained in this contract, then in such event the special conditions shall control. 52. LOSS OR EXPENSE DUE TO UNUSUAL OR UNANTICIPATED CIRCUMSTANCES Unless otherwise specified herein, all loss, expense or damage to the Contractor arising out of the nature of the work to be done, or from the action of the elements, or from any unforeseen circumstance or from unusual obstructions or difficulties, naturally occurring, man made or otherwise, which may be encountered in the prosecution of the work, shall be sustained and borne by the Contractor at his own cost and expense. 53. INDEPENDENT CONTRACTOR Contractor is, and shall remain, an independent contractor with full, complete and exclusive power and authority to direct, supervise, and control its own employees and to determine the method of the performance of the work covered hereby. The fact that the Owner or Owner's Representative shall have the right to observe Contractor's work during Contractor's performance and to carry out the other prerogatives which are expressly reserved to and vested in the Owner or Owner's Representative hereunder, is not intended to and shall not at any time change or effect the status of the Contractor as an independent contractor with respect to either the Owner or Owner's Representative or to the Contractor's own employees or to any other person, firm, or corporation. 54. CLEANING UP The Contractor shall at all times keep the premises free from accumulation of debris caused by the work, and at the completion of the work Contractor shall remove all such debris and also its tools, scaffolding, and surplus materials and shall leave the work room clean or its equivalent. The work shall be left in good order and condition. In case of dispute Owner may remove the debris and charge the cost to the Contractor. 55. HAZARDOUS SUBSTANCES AND ASBESTOS Hazardous Substances (herein so called), as defined in the Comprehensive Environmental Response, Compensation, and Liability Act (42 U.S.C.S. §9601(14)) and the regulations promulgated thereunder, as same may be amended from time to time, hydrocarbons or other petroleum products or byproducts and/or asbestos, in any form, shall not (i) be utilized, in any way, manner or form, in the construction of, or incorporation into, the Project; or (ii) be brought upon, placed, or located, by any party, on the Project site, or any other property of the City, without the written consent of the Owner's Representative. If Contractor believes that the utilization of a Hazardous Substance, hydrocarbons or other petroleum products or byproducts and/or asbestos is necessary in the construction of the Project, or that it is necessary to place and/or otherwise locate upon the site of the Project or other property 20 of the City, a Hazardous Substance, hydrocarbons or other petroleum products or byproducts and/or asbestos, Contractor shall notify the Owner's Representative, and request consent therefrom, at least twenty (20) days prior to such action. Owner's Representative may grant or deny the request of Contractor and provide whatever requirements such consent, if granted, is conditioned upon, in its sole and absolute discretion. If the request of Contractor is not granted, or otherwise not responded to, by Owner's Representative within five (5) days of the receipt of said request, said request shall be deemed to be denied. 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. 56. NONAPPROPRIATION All funds for payment by the City under this contract are subject to the availability of an annual appropriation for this purpose by the City. In the event of non -appropriation of funds by the City Council of the City of Lubbock for the goods or services provided under the contract, the City will terminate the contract, without termination charge or other liability, on the last day of the then -current fiscal year or when the appropriation made for the then -current year for the goods or services covered by this contract is spent, whichever event occurs first. If at any time funds are not appropriated for the continuance of this contract, cancellation shall be accepted by the Seller on thirty (30) days prior written notice, but failure to give such notice shall be of no effect and the City shall not be obligated under this contract beyond the date of termination. 57. THE CITY RIGHT TO AUDIT At any time during the term of this Contract and for a period of four (4) years thereafter the City or a duly authorized audit representative of the City, or the State of Texas, at its expense and at reasonable times, reserves the right to audit Contractor's records and books relevant to all services provided under this Contract. In the event such an audit by the City reveals any errors/overpayments by the City, Contractor shall refund the City the full amount of such overpayments within thirty (30) days of such audit findings, or the City, at its option, reserves the right to deduct such amounts owing the City from any payments due Contractor. 58. NON -ARBITRATION The City reserves the right to exercise any right or remedy available to it by law, contract, equity, or otherwise, including without limitation, the right to seek any and all forms of relief in a court of competent jurisdiction. Further, the City shall not be subject to any arbitration process prior to exercising its unrestricted right to seek judicial remedy. The remedies set forth herein are cumulative and not exclusive, and may be exercised concurrently. To the extent of any conflict between this provision and another provision in, or related to, this document, this provision shall control. 59. CONTRACTOR ACKNOWLEDGES Contractor acknowledges by supplying any Goods or Services that the Contractor has read, fully understands, and will be in full compliance with all terms and conditions and the descriptive material contained herein and any additional associated documents and Amendments. The City disclaims any terms and conditions provided by the Contractor unless agreed upon in writing by the parties. In the event of conflict between these terms and conditions and any terms and conditions provided by the Contractor, the terms and conditions provided herein shall prevail. 21 The terms and conditions provided herein are the final terms agreed upon by the parties, and any prior conflicting terms shall be of no force or effect. 60. HOUSE BILL 2015 House Bill 2015 signed by the Governor on June 14, 2013 and effective on January 1, 2014, authorizes a penalty to be imposed on a person who contracts for certain services with a governmental entity and who fails to properly classify their workers. This applies to subcontractors as well. Contractors and subcontractors who fail to properly classify individuals performing work under a governmental contract will be penalized $200 for each individual that has been misclassified (Texas Government Code Section 2155.001). 61. HOUSE BILL 1295: DISCLOSURE OF INTERESTED PARTIES House Bill 1295, adopted by the 84th Legislature, created §2252.908, Texas Government Code. Section 2252.908 requires a business entity entering into certain contracts with a governmental entity or state agency to file with the governmental entity or state agency a disclosure of interested parties at the time the business entity submits the signed contract to the governmental entity or state agency. Section 2252.908 requires the disclosure form to be signed by the authorized agent of the contracting business entity, acknowledging that the disclosure is made under oath and under penalty of perjury. Section 2252.908 applies only to a contract that requires an action or vote by the governing body of the governmental entity or state agency before the contract may be signed or has a value of at least $1 million. Instructions for completing Form 1295 are available at: https://ci.lubbock.tx.us/departments/purchasing/vendor-information 62. TEXAS GOVERNMENT CODE SECTION 2252.15 The Contractor (i) does not engage in business with Iran, Sudan or any foreign terrorist organization and (ii) it is not listed by the Texas Comptroller under Section 2252.153, Texas Government Code, as a company known to have contracts with or provide supplies or services to a foreign terrorist organization. As used in the immediately preceding sentence, "foreign terrorist organization" shall have the meaning given such term in Section 2252.151, Texas Government Code. 63. CHAPTER 2270 PROHIBITION ON CONTRACTS WITH COMPANIES BOYCOTTING ISRAEL Section 2270.002, Government Code, (a) This section applies only to a contract that: (1) Is between a governmental entity and a company with 10 or more full-time employees; and (2) has a value of $100,000 or more that is to be paid wholly or partly from public funds of the governmental entity. (b) A governmental entity may not enter into a contract with a company for goods or services unless the contract contains a written verification from the company that it: (1) does not boycott Israel; and (2) will not boycott Israel during the term of the contract. 64. CONTRACTOR ACKNOWLEDGES Contractor Acknowledges by supplying any Goods or Services that the Contractor has read, fully understands, and will be in full compliance with all terms and conditions and the descriptive material contained herein and any additional associated documents and Amendments. The City disclaims any terms and conditions provided by the Contractor unless agreed upon in writing by the parties. In the event of conflict between these terms and conditions and any terms and conditions provided by the Contractor, the terms and conditions provided herein shall prevail. The terms and conditions provided herein are the final terms agreed upon by the parties, and any prior conflicting terms shall be of no force or effect. 22 65. TEXAS PUBLIC INFORMATION ACT The requirements of Subchapter J, Chapter 552, Government Code, may apply to this contract and the contractor or vendor agrees that the contract can be terminated if the contractor or vendor knowingly or intentionally fails to comply with a requirement of that subchapter. To the extent Subchapter J, Chapter 552, Government Code applies to this agreement, Contractor agrees to: (1) preserve all contracting information related to the contact as provided by the records retention requirements applicable to the governmental body for the duration of the contract; (2) promptly provide to the governmental body any contracting information related to the contract that is in the custody or possession of the entity on request of the governmental body; and (3) on completion of the contract, either: (A) provide at no cost to the governmental body all contracting information related to the contract that is in the custody or possession of the entity; or (B) preserve the contracting information related to the contract as provided by the records retention requirements applicable to the governmental body. 66. HB 89 The Contractor warrants that it complies with Chapter 2270.001 of the Texas Government Code by verifying that: (1) The Contractor does not boycott Israel; and (2) The Contractor will not boycott Israel during the term of the Agreement. Pursuant to Section 2270.001, Texas Government Code: 1. "Boycott Israel" means refusing to deal with, terminating business activities with, or otherwise taking any action that is intended to penalize, inflict economic harm on, or limit commercial relations specifically with Israel, or with a person or entity doing business in Israel or in an Israeli -controlled territory, but does not include an action made for ordinary business purposes; and 2. "Company" means a for profit sole proprietorship, organization, association, corporation, partnership, joint venture, limited partnership, limited liability partnership, or any limited liability company, including a wholly owned subsidiary, majority -owned subsidiary, parent company or affiliate of those entities or business associations that exist to make a profit. 3. business associations that exist to make a profit. 67. CONFIDENTIALITY The Contractor shall retain all information received from or concerning the City and the City's business in strictest confidence and shall not reveal such information to third parties without prior written consent of the City, unless otherwise required by law. 68. INDEMNITY The Contractor shall indemnify and save harmless the city of Lubbock and its elected officials, officers, agents, and employees from all suits, actions, losses, damages, claims, or liability of any kind, character, type, or description, including without limiting the generality of the foregoing, all expenses of litigation, court costs, and attorney's fees, for injury or death to any person, or injury to any property, received or sustained by any person or persons or property, to the extent arising out of, related to or occasioned by, the negligent acts of the Contractor, its agents, employees, and/or subcontractors, related to the performance, operations or omissions under this agreement and/or the use or occupation of city owned property. The indemnity obligation provided herein shall survive the expiration or termination of this agreement. 23 Page Intentionally Left Blank CITY OF LUBBOCK WAGE DETERMINATIONS 24 Page Intentionally Left Blank EXHIBIT A City of Lubbock Building Construction Prevailing Wage Rates Craft Hourly Rate Automatic Fire Sprinkle Fitter, Certified 28.00 Block, Brick, and Stone Mason 23.00 Carpenters -Acoustical Ceiling Installation 16.00 Carpenter -Rough 13.00 Carpenter -All other work 16.50 Caulker/Sealers 12.00 Cement & Concrete Finishers 16.67 Commercial Truck Drivers 10.26 Crane & Heavy Equipment Operator 20.00 Door & Hardware Specialist 16.00 Drywall and Ceiling Tile Installers 16.00 Drywall Finishers & Tapers 12.00 Electrician 21.21 Floor Layers -Carpet and Resilient 18.00 Floor Layers -Specialty 18.00 Floor Layers -Wood 18.00 Glaziers 17.00 Heating, Air Conditioning & Refrigeration Svc. Tech 21.31 HVAC Mechanic Helper 13.62 HVAC Sheet metal Ductwork Installer 19.30 HVAC Sheet metal Ductwork Installer Helper 13.85 Insulation Workers -Mechanical 12.00 Irrigator -Landscape Certified 13.50 Laborer: Common or General 11.65 Laborer: Mason Tender -Brick 17.00 Laborer: Mason Tender-Cement/Concrete 16.92 Laborer: Roof Tear off 11.09 Roofer 17.44 Painters (Brush, Roller & Spray) 12.00 Paper Hanger 13.00 Pipe Fitters & Steamfitters 24.10 Plaster, Stucco, Lather and EIFS Applicator 17.00 Plumber/Medical Gas Installer 22.83 Plumber Helper 14.20 25 EXHIBIT B City of Lubbock Heavy and Highway Prevailing Wage Rates Craft Hourly Rate Power Equipment Operator -Tower Crane 30.00 Hydraulic Crane Operators 60 tons & above 32.00 Operator Backhoe/Excavator/Truck hoe 20.25 Bobcat/Skid Steer/Skid Loader 15.22 Drill 16.00 Grader Blade 18.00 Loader 18.00 Mechanic 22.85 Paver (Asphalt, Aggregate, & Concrete) 17.00 Roller 15.00 Reinforcing Iron & Rebar Workers 14.33 Sheet Metal Workers, Excludes HVAC Duct Installation 21.38 Structural Iron & Steel Workers/Metal Building Erector 15.00 Asphalt Distributor Operator 16.50 Asphalt Paving Machine Operator/Spreader Box Operator 18.75 Backhoe Operator 18.00 Cement Mason/Concrete Finishers (Paving Structures) 15.00 Crane Operator (Hydraulic) 25.00 Electrician 17.50 Laborer 13.50 Laborer, Common 15.64 Laborer, Utility 13.50 Crane, Lattice Boom 80 Tons or Less 30.00 Loader/Backhoe 18.00 Roller/Other 15.00 Welder Certified/Structural Steel Weld 25.00 26 EXHIBIT C City of Lubbock Overtime Legal Holiday Prevailing Wage Rates The rate for overtime (in excess of forty hours per week) shall be as required by the Fair Labor Standards Act. The rate for legal holidays shall be as required by the Fair Labor Standard Pate Intentionally Left Blank SPECIAL CONDITIONS Pate Intentionally Left Blank TIME AND ORDER FOR COMPLETION The micro -surfacing process covered by the contract documents shall be fully completed within 90 (NINETY) consecutive calendar days from the date specified in the Notice to Proceed issued by the City of Lubbock to the successful bidder. A. The Micro -Surfacing, with locations and materials as designated by the City's representative, shall not begin before May 1, 2021 and shall be completed no later than August 1, 2021. The Contractor may begin as soon as they receive the Notice to Proceed, and proceed until all designated locations are completed. B. The repairs shall be completed in 90 consecutive calendar days. The Contractor shall pay to the owner $1,204.28 per day for each calendar day after that until completion as liquidated damages. No credit will be given for bad weather days or other delays. In the event it is determined by the City that the progress of the work is not satisfactory, 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. 2. CHANGES IN THE WORK The Street Department may make changes in the scope of the work required to be performed by the Contractor under the Contract or making additions thereto, or by omitting work there from, without involving 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 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 of constructing 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 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 Street Department may order the Contractor to proceed with desired changes in the work, 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 changes does not increase or decrease the original total amount shown in the Agreement by more than twenty- five (25%) percent. 3. SUPERINTENDENCE The Contractor's Superintendent and/or his assistants will not be allowed to serve two functions simultaneously, such operating machinery and acting as Superintendent at the same time. The Contractor's Superintendent must be free of individual responsibilities to enable him to give the entire project his constant attention to facilitate the progress thereof. The Contractor's Superintendent will be responsible for establishing grade control on concrete removal and replacement. 4. PROSECUTION OF WORK The Contractor will, before starting any work on any street, erect barricades and signs, or provide sufficient flagmen, as approved by the Street Superintendent, to give notice to vehicular traffic. During the construction the Contractor is to close to traffic streets, as approved by the Street Superintendent. At no time during the period of construction shall driveways and/or alleys be left impassable between the night hours of 6 P.M. to 6 A.M., except during the construction of the curb and gutter for which the driveways and/or alleys shall remain closed not more than 4 days including 72 hours for curing. The Contractor will, during the progress of the work, erect and maintain for twenty-four hours a day such barricades and warnings, as approved by the Street Superintendent, necessary to give notice to vehicular and pedestrian traffic of any and all obstructions and insofar as possible keep the streets and/or alleys on which work is being done in a passable condition. During the time the concrete is curing in the alleys and until it can be opened to traffic, the Contractor shall maintain warning signs on barricades with lights at each end of the block until the alley can be opened to traffic. The flagmen will be required to wear vests and use the type of flag as shown on flagging detail sheet in specifications. All equipment working on the streets will at all times have at least two (2) red, orange or fluorescent red -orange flags at least 16" x 16" in size. These flags shall be mounted high enough on the equipment so that they will be visible to all traffic meeting or passing the equipment. Before work is started on any street it will be the responsibility of the Contractor to notify each property owner that has a car or cars parked in their driveways or garages so that each owner might have the opportunity to move their cars. The Contractor shall schedule his work on major thoroughfares and collectors at least 5 days in advance, in order that businesses may have time to adjust their plans. On all thoroughfares and collectors, the Contractor and the City's Representatives will work with each of the businesses, hospitals, schools, etc., so that only part of the driveways into their parking lots will be closed. At no time will any parking lot be completely closed, without prior approval from the Owner's Representative, unless the work is being accomplished at night and the businesses are closed. The Contractor shall be responsible for notifying affected businesses of the proposed work and the projected schedule for completion of this work. Immediately after each re -construction the Contractor shall clean, remove any paving materials from gutters, rubbish and temporary structures from the street, restore in an acceptable manner all property, both public and private which has been damaged during the prosecution of the work, and leave the site of the work in a neat and presentable condition throughout. The cost of the "cleanup" shall be included as part of the cost of the various items of the work involved, and no direct compensation will be made for this work. The Contractor should familiarize himself with the Texas Manual on UNIFORM TRAFFIC CONTROL DEVICES for Streets and Highways. Part VI. 5. BARRICADES AND DANGER, WARNING AND DETOUR SIGNS AND TRAFFIC HANDLING The Contractor shall have the sole responsibility for providing, installing, moving, replacing, maintaining, cleaning and removing upon completion of work, all barricades, warning signs, barriers, cones, lights, signals and other such type devices for handling traffic control as indicated in the plans or as directed by the Street Superintendent. All barricades, warning signs, barriers, cones, lights, signals and other such type devices shall conform to details shown on the plans and as indicated in the Texas Manual on Uniform Traffic Control Devices. The Contractor may provide special signs not covered by plans to protect the traveling public against special conditions or hazards, provided however, that such signs are first approved by the Street Superintendent. Upon completion of the work, all barricades, warning signs, barriers, cones, lights, signals and other such type devices and evident thereof shall be removed by the Contractor. 6. MAINTENANCE OF DETOURS The Contractor shall do such work as may be necessary to maintain detours and facilities for safe public travel in accordance with the Traffic Control Plan and these specifications. There shall be maintained in passable condition, such temporary roads and structures as may be necessary to accommodate public travel. Temporary approaches and crossings of intersecting highways shall be provided and maintained in a safe and passable condition by the Contractor at his entire expense. 7. PUBLIC SAFETY AND CONVENIENCE Ingress and egress to private property shall be provided as specified in the plans or as directed by the Street Superintendent. The Contractor shall plan and execute his operations in a manner that will cause the minimum interference with traffic. The Contractor shall secure the Street Superintendent's approval of his proposed plan of operation, sequence of work, and methods of providing for the safe passage of traffic before it is placed into operation. If at any time during construction the approved plan does not accomplish the intended purpose, due to weather or other conditions affecting the safe handling of traffic, the Contractor shall immediately make necessary changes therein to correct the unsatisfactory conditions. At night or otherwise, all equipment not in use shall be stored in such a 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 public travel and Contractor's personnel, and as directed by the Street Superintendent. Flaggers shall be English speaking, courteous, well informed, physically and mentally able to effectually perform their duties in safeguarding and directing traffic and protecting the work, and shall be neatly attired and groomed at all times when on duty. When directing 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. REMOVING OBSTRUCTIONS The Contractor shall familiarize himself with the existing obstructions including sidewalks, trees, poles, etc., prior to building. It shall be the Contractor's responsibility to remove these obstructions at the direction of the Street Superintendent, except that the utility companies will move their equipment at no cost to the Contractor. The Contractor will receive no compensation for delay caused by the Utility Companies in relocating or removing their equipment. 9. TEST OF MATERIALS The City of Lubbock Pavement Management laboratory test results shall be the sole consideration for approval of materials, mix designs, adequacy of procedures, etc. The results of such testing shall be evaluated and final approval given by the Street Superintendent. A. CONCRETE MATERIALS Before Concrete materials can be used on any street, a current mix design (not older than 30 days) with test reports will be submitted to the Street Superintendent for approval. During the construction period, concrete tests that fail will require the location to be cored at the contractor's expense. If the concrete cores fail, the concrete work will be removed and replaced at no additional cost to the City of Lubbock. B. HOT MIX The Contractor, or supplier of such materials, shall submit a mix design to the City Pavement Management office, at least thirty (30) days prior to the reconstruction, a mix design it shall include, but not limited to crushed face counts, Flakiness Index tests, and magnesium sulfate (soundness) tests. The gradation requirements shall be that as necessary to meet the gradation requirements of Item 6.3 (HMAC Mix Design Requirements). The crushed face count, Flakiness Index, and Magnesium Sulfate requirements shall meet those established in City of Lubbock Standard Paving Specifications, Item number 6.4. 10. SUBCONTRACTOR The Contractor shall not award any work to any subcontractor without prior written approval of the Owner, which approval will not be given until the Contractor submits to the Owner a written statement concerning the proposed award to the subcontractor, which statement shall contain such information as the Owner may require. The Contractor shall be as fully responsible to the Owner for the acts and omissions of his subcontractors, and of persons either directly or indirectly employed by them, as he is for the acts and omissions of persons directly employed by him. The Contractor shall cause appropriate provisions to be inserted in all subcontracts relative to the work to bind subcontractors to the Contractor by the terms of the General Conditions and other contract documents insofar as applicable to the work of subcontractors and to give the Contractor the same power as regard terminating any subcontract that the Owner may exercise over the Contractor under any provision of the contract documents. Nothing contained in this contract shall create any contractual relation between any subcontractor and the Owner and said subcontractor will look exclusively to contractor for any payments due subcontractor. 11. UNDERGROUND UTILITIES 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 hold harmless the City from any and all suits or claims resulting from damage by his operations to any pipeline or underground installation. It is the Contractor's responsibility, during the period of street construction, to insure that all utility cuts in the limits of street construction have been properly backfilled, compacted, and the top 6" inches backfilled with 2-sack flowable fill. 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 underground installation, the Contractor may be required, at the Street Superintendent's option, to repair the cut with 2-sack flowable fill at the unit price bid. 12. PARTIAL PAYMENTS On or before the tenth day of each month, the Contractor shall submit to Owner's Representative an application for partial payment. Owner's Representative shall review said application for partial payment and the progress of the work made by the Contractor and if found to be in order shall prepare a certificate for partial payment showing as completely as practical the total value of the work done by the Contractor up to and including the last day of the preceding month. 13. CORRECTION OF WORK AFTER FINAL PAYMENT Neither the final payment nor certificate nor any provision in this contract shall relieve the Contractor of responsibility for faulty materials or workmanship, and he shall remedy and defects due thereto and pay for any damage to other work resulting therefrom, which shall appear within a period of one (1) year from date of final acceptance of the project. The Owner or the Owner's Representative shall give notice of observed defects with reasonable promptness. 14. LABOR The Contractor must abide by the Wage and Hour Laws of the State of Texas, or the U.S. Department of Labor, and must not pay less than the rate legally prescribed or as set forth herein, whichever is higher. Payment for time worked over forty -hours per week shall be made at one and one-half (1-1/2) times the above prevailing rates. Payment for time worked on legal holidays shall be paid at one and one-half (1-1/2) times the regular governing per diem wage rates. Any laborer, workman or mechanic required or permitted to work in excess of eight (8) hours per calendar day, under the emergency exceptions to House Bill No. 115 of the 44th Legislature invoked by HCR No. 201 of the 47th Legislature shall be paid on the basis of eight (8) hours constituting a day's work. 15. NOTIFICATION OF CITIZENS All citizens shall be notified by door hangers a minimum of 24 hours and a maximum of 48 hours in advance of the Micro -Surfacing being placed on their street. The door hangers shall contain the following information on them. The company doing the work as well as a contact name and number. There shall be an on site contact that is familiar with the project, and shall be capable of dealing with citizens in a cordial manner. The door hanger shall contain a time frame in which the work shall take place Example: 8 AM to 7 PM. The door hanger shall lay out exactly what the citizens should expect, and shall let them know how long access to their home could be affected. Example: During this time access to your driveway could be limited or blocked for 1 to 2 hours. If your vehicle is in your driveway we can usually get you out in 20 to 30 minutes. Citizens shall be asked not to park their cars in the street during construction. The dates on the door hanger can have multiple dates but shall not exceed three working days. If this schedule is not met then the contractor will be required to hang door knockers again with a more accurate schedule. The door hangers shall also allude to unexpected equipment problems or unexpected weather problems. The door hangers shall be submitted to the City of Lubbock Street Superintendent for approval. 16. HOURS OF OPERATION Operating hours will be Monday through Saturday as outlined in this section of these specifications unless otherwise directed by the Street Superintendent. Hours of operation shall be: Major Thoroughfare's 7pm to lam, Residential Areas lam to 7pm. Night work will be permitted only on our major thoroughfares and shall conform to the following. The micro - Surfacing shall be traffic ready by 7 AM, all traffic control devices and barricades shall be removed from the roadway by 7 A.M. SPECIFICATIONS Pate Intentionally Left Blank City of Lubbock RFP 21-15772-TF Micro -Surfacing Specifications All materials and Construction applications shall conform to TxDOT Specifications Item# 350.There shall be no deviation from these specifications unless so directed by the Street Superintendent. 10.1 MATERIALS Cationic Polymer -Modified Asphalt Emulsion. Provide CSS-lP in accordance with TxDOT item 300.2.1) "Emulsified Asphalt." Mineral Aggregates provide a crushed aggregate from a single source meeting the requirements of following. Furnish aggregate with a minimum TxDOT "A" surface classification. Include the amount of mineral filler added to the mix determining the total minus No. 200 sieve aggregate fraction. Aggregate Gradation Requirement (Washed) Sieve Size Cumulative % Retained 1 /2 Inch 0 3/8 Inch #4 #8 #16 #30 #50 #100 #200 Magnesium Sulfate Soundness, max. Sand equivalent, %, min 0-1 6-14 35-55 54-75 65-85 75-90 82-93 85-95 Aggregate Quality TxDOT test method Tex-411-A 30% (5 cycle) TxDOT test method Tex-203-F 70% Mineral Filler shall be free of lumps and foreign matter consisting of Type S Lime or Portland cement. The Contractor shall adjust the mix design to attenuate the usage of Lime or Portland cement. Water shall be potable and free of harmful soluble salts. Use approved additives as recommended by the emulsion manufacture in the emulsion mix or in any of the component materials when necessary to adjust mix time in the field. 10.2 EQUIPMENT All equipment shall be kept in good working conditions no leaks. Any equipment that shows signs of leaks shall be fixed immediately, and shall not be used until such leaks are fixed. The mixing machine shall be a self-propelled micro -surfacing mixing machine. It shall have self -loading devices to promote continuous laying operation. It shall have sufficient storage capacity for mixture materials, individual volume or weight controls that will proportion each material to be added to the mixture. A water pressure system and nozzle -type spray bar immediately ahead of the spreader box and capable of spraying the roadway for the width of the spreader box. Scales used for weighing materials and emulsion must be calibrated, and meet the requirements of TxDOT Item# 520. 10.3 ELECTRONIC MONITORING SYSTEM The mirosurfacing machine shall be equipped with an electronic monitoring system that consists of pulse sensors measuring material delivery rates, a radar gun to monitor distance traveled, a programmable mirco controller, an operators display/input board and an on -board printer. This system shall be capable of monitoring and display of application rates and totals used for aggregate, emulsion, fines, water and additive. It shall also be capable of calculating and displaying ratios of emulsion to aggregate, fines to aggregate, additive to aggregate, water to aggregate and application rate in pounds per square yard. The system shall be capable of printing a hard copy report on demand which displays the date, weight of aggregate, emulsion, and fines used since last reset. It shall also display the number of gallons of additive, and gallons of water used since last reset. It shall also display the emulsion to aggregate, fines to aggregate, additive to aggregate, and water to aggregate ratio. A computer generated report providing statistics for the full work day shall be provided with each hand calculated daily run sheet. The system shall be accurate to within half of a percent of actual weights and measures for all parameters noted above. The system is not expected to calculate quantities and ratios for materials used in handwork or cul-de-sac areas. 10.4 RUTTING ON MAJOR THOROUGHFARES AND COLLECTOR STREETS Shallow ruts that are less than'/2" in depth may be covered by a full width scratch box utilizing a steel primary strike off plate. Ruts that are between'/2" to 1" in depth shall be filled independently with a fixed width spreader box no more than 6' wide. The rut filling box shall have a steel primary strike -off plate that is the same width as the spreader box. Ruts that are in excess of 1" in depth shall be filled with a 5' wide, rut filling spreader box specifically designed to fill wheel path ruts. This operation will require multiple placement passes to restore the pavement to its original cross section. Special care will be used by the contractor to ensure that material has proper time to dry between applications to promote bonding between the original pavement, and the Micro -Surfacing. Maximum micro -surfacing thickness applied as rut filling should not exceed 1" for each pass required to restore pavement to original profile. 10.5 ASPHALT MILLING AT CONCRETE INTERSECTIONS All thoroughfares and collector streets which have concrete intersections, or where concrete valley gutters intersect the street, shall have the asphalt surface milled to such a depth as to allow a smooth transition between the concrete, and the completed Micro -Surfacing. 10.6 CONSTRUCTION Produce, transport, and place micro surfacing. Ensure that the finished surface has a uniform texture and the micro surface mat is fully adhered to the existing road surface. All materials that are to be stockpiled shall be protected from dust and other contamination. Mineral filler shall be stored in a manner that will keep it dry and free from contamination. All asphalt materials shall be kept free from contamination Micro -Surfacing shall not be placed until the air temperature is at least 50 degrees F and rising as determined by the National Weather Service continuous broadcast, 748-1071 selection 2. The placement of Micro -Surfacing shall be stopped when the air temperature is 60 degrees F and falling, or when impending weather is approaching. No Micro -Surfacing shall be placed until the surface of the road way is at least 50 degrees F. The existing road surface shall be thoroughly clean and swept by a vacuum sweeper free of all vegetation, loose aggregate, and soil. Remove existing raised pavement markers, and any thermoplastic type marking. When existing surface conditions require, provide a water spray immediately ahead of the spreader box. Apply water at a rate that dampens the entire surface without any free -flowing water ahead of the spreader box. The placing of the micro -surface shall be spread uniformly at a rate of no less than 25 pounds per square yard and no more than 30 pounds per square yard or, as directed. The spreader box shall be kept clean to minimize clumps. Set and maintain the skis on the spreader box as to prevent chatter in the finished mat. Adjust the rear seal to provide the desired spread. Adjust the secondary strike -off to provide the desired surface texture. The finished mat shall be kept protected from traffic until it has cured and traffic will not harm it. Adjustments shall be made to the mixture to allow rolling traffic back on the surface in 1 hour. Other locations with turning traffic shall be protected for longer periods of time. Special care shall be taken by the contractor to ensure that all manholes, and water valves are sufficiently protected from the Micro -Surfacing process by the use of a plastic membrane covering each water valve, or manhole cover. The contractor shall be responsible for uncovering each water valve, and manhole cover after the microsurfacing has been applied to the road surface. 10.7 SCRACTH COURSE All "Scratch Course" applications shall be performed utilizing a steel primary strike off plate. This will allow the bottom, or "scratch Course" to mitigate any irregularities, and have a more uniform profile for the finish course to be applied on. 10.8 FINISHED SURFACE The finished surface shall be uniformed in texture and free from excessive scratch marks, tears, and other surface irregularities. All scratch marks, tears, and other surface irregularities shall be fixed by the contractor at no additional cost to the City of Lubbock. All longitudinal joints shall be placed on lane lines unless otherwise directed by the Street Superintendent. All joints shall be uniform in appearance and shall match when placed against another joint. Edges should be uniform and neat in appearance. All ruts, utility cuts, and depressions in the surface shall be filled in a separate pass from the final pass. 10.9 HOURS OF OPERATION Operating hours will be Monday through Saturday as outlined in this section of these specifications unless other wise directed by the Street Superintendent. Hours of operation shall be: Major Thoroughfare's 7pm to lam, Residential Areas lam to 7pm. Night work will be permitted only on our major thoroughfares and shall conform to the following. The mircosurfacing shall be traffic ready by 7 AM, all traffic control devices and barricades shall be removed from the roadway by 7 AM. 10.10 MEASUREMENT Mircosurfacing will be measured by the ton of composite microsurfacing mixture. The composite micro surfacing mixture is defined as the asphalt emulsion, aggregate, and mineral filler. 10.11 PAYMENT The work performed and materials furnished in accordance with this item and measured as provided under 14.10. This price is full compensation for preparing the existing surface including furnishing, hauling, preparing, and placing materials, and equipment, labor, tools, and incidentals. No additional payment shall be made when the micro surfacing is placed at a heavier rate Regal Park 91ST Street FULTON AVENUE -- CDS EAST 91ST Street FULTON AVENUE -- CL 91ST Street GARDNER AVENUE -- CL 90TH Street GARDNER AVENUE -- CL 90TH Street FULTON AVENUE -- CL 90TH Street FULTON AVENUE -- CDS EAST 83RD Street GENOA AVENUE SOUTH JUNCTION -- SLL 83RD Street GENOA AVENUE NORTH JUNCTION -- CL 83RD Street GARDNER AVENUE -- CL 86TH Street GENOA AVENUE -- CDS 86TH Street GENOA AVENUE -- CL 85TH Street GARDNER AVENUE -- CL 85TH Street GENOA AVENUE SOUTH JUNCTION -- CL 85TH Street GENOA AVENUE -- CL 84TH Street GENOA AVENUE -- WLL 92ND Street FRANKFORD AVENUE -- WILL 92ND Street FULTON AVENUE SOUTH JUNCTION -- CL GENOA Avenue 84TH STREET -- CL GENOA Avenue 83RD STREET -- SLL GARDNER Avenue 90TH STREET -- SLL GENOA Avenue 86TH STREET -- SLL GARDNER Avenue 83RD STREET -- SLL GARDNER Avenue 84TH STREET -- NLL FULTON Avenue 91ST STREET -- SLL FULTON Avenue 89TH STREET -- SLL 89TH Street FRANKFORD AVENUE -- WILL H0MESTEA Avenue 90TH STREET -- CL H0MESTEA Avenue 91ST STREET -- CL 83RD Street GARDNER AVENUE -- CDS EAST 85TH Street GARDNER AVENUE -- CDS EAST GENOA Avenue 85TH STREET -- SLL 84TH Street FRANKFORD AVENUE -- WLL 88TH Street FRANKFORD AVENUE -- WILL 88TH Place GENOA AVENUE -- CL FULTON Avenue 87TH STREET -- SLL FULTON Avenue 88TH STREET -- SLL GENOA Avenue 88TH PLACE -- SLL 87TH Street FULTON AVENUE -- CL GENOA Avenue 82ND STREET --- SLL 87TH Street GENOA AVENUE -- CL 89TH Street FULTON AVENUE -- CL 89TH Street GENOA AVENUE -- CL H0MESTEA Avenue 89TH STREET -- CL H0MESTEA Avenue 85TH STREET -- CL HURON Avenue 85TH STREET -- SILL 86TH Street HOMESTEAD AVENUE -- WLL 86TH Street HURON AVENUE -- CL 85TH Street HOMESTEAD AVENUE -- WLL 85TH Street HURON AV 87TH Street FULTON AVENUE -- CDS EAST 88TH Street FULTON AVENUE -- CL 88TH Place FULTON AVENUE -- CL 88TH Street FULTON AVENUE NORTH JUNCTION -- CL 88TH Place FULTON AVENUE -- CDS EAST H0MESTE� Avenue 87TH STREET EAST JUNCTION -- CL H0MESTEA Avenue 83RD STREET EAST JUNCTION -- CL H0MESTE� Avenue 84TH STREET -- CL IOLA Avenue 82ND STREET -- SILL IOLA Avenue 83RD STREET -- CL IOLA Avenue 84TH STREET -- CL 83RD Street HOMESTEAD AVENUE -- WLL 84TH Street HOMESTEAD AVENUE -- WLL H0MESTE� Avenue 82ND STREET -- SILL H0MESTEA Avenue 83RD STREET WEST JUNCTION -- CL IOLA Avenue 85TH STREET -- CL OF DRAINAGE CHANNELL IOLA Avenue 86TH STREET -- DRAINAGE CHANNEL -- CL 92ND Street HOMESTEAD AVENUE -- WLL 92ND Street FULTON AVENUE -- WLL 92ND Street GROVER AVENUE -- CL H0MESTEA Avenue 87TH STREET WEST JUNCTION -- CL H0MESTEA Avenue 86TH STREET -- CL H0MESTEA Avenue 88TH PLACE -- CL HYDEN Avenue 87TH STREET -- SILL 88TH Street HYDEN AVENUE -- CL 87TH Street HOMESTEAD AVENUE -- WLL 87TH Street HYDEN AVENUE -- CL HURON Avenue 88TH STREET -- SILL 88TH Place HOMESTEAD AVENUE -- WLL 88TH Place HURON AVENUE -- WLL HURON Avenue 88TH PLACE -- CL 88TH Street HURON AVENUE -- CDS EAST 88TH Street HURON AVENUE -- CL 89TH Street HURON AVENUE -- CDS EAST 89TH Street HURON AVENUE -- CL 89TH Street HYDEN AVENUE -- CL HYDEN Avenue 89TH STREET -- SILL 90TH Street HYDEN AVENUE -- CDS EAST 90TH Street HYDEN AVENUE -- WILL HYDEN Avenue 90TH STREET -- CL 92ND Street HOPE AVENUE -- CL W — � $DST _ _•� ' 84TH ST �- 84TH 5.7 rf + 89TH Sr k. LU 4} A G 4 BSTH SS ` � _ G ! r 2 BATH �' _ ,ok � tS T H $r w $7TH ST _ �7 —J LU �. w 88TH ST. w 88TH Fg I LL Y a 88TH PL L Lu a r u at tL 89TH ST w � x. 2 89TH ST, " P. C7 W" rt @GTH S4 - x -- TH ST J kr * . „ter s '� W LL t D1ST T o = ? 7 '� -,- - - J �' Q + S _ $2 '�} aT .'t . .�'i t �'' W DZNO S� y 7 W w - - LL 1 District S -- 82nd Street to 92nd Street & Frankford Avenue to Iola Avenue glym Length Width- 06� Area Scl Ycls Street Class FULTON AVENUE -- CL 455 29 190 1,656 Local GARDNER AVENUE -- CL 256 29 0 825 Local HOMESTEAD AVENUE -- ELL 691 29 0 2,227 Local HOMESTEAD AVENUE -- ELL 690 29 0 2,223 Local GARDNER AVENUE -- CL 324 29 0 1,044 Local FULTON AVENUE -- CL 389 29 190 1,443 Local HOMESTEAD AVENUE -- ELL 606 30 0 2,020 Local GENOA AVENUE SOUTH JUNCTION -- CL 104 30 0 347 Local GENOA AVENUE NORTH JUNCTION -- CL 113 30 0 377 Local GENOA AVENUE -- CL 682 29 0 2,198 Local GENOA AVENUE -- CDS WEST 665 29 153 2,296 Local GENOA AVENUE SOUTH JUNCTION -- CL 122 29 0 393 Local GENOA AVENUE NORTH JUNCTION -- CL 102 29 0 329 Local GENOA AVENUE -- CDS WEST 564 29 153 1,970 Local GENOA AVENUE -- CDS EAST 494 29 146 1,738 Local FULTON AVENUE SOUTH JUNCTION -- CL 328 42 245 1,776 Local FULTON AVENUE NORTH JUNCTION -- WLL 181 42 0 845 Local 85TH STREET -- NLL 296 33 190 1,275 Local 84TH STREET -- CL 286 33 190 1,239 Local 91ST STREET -- NLL 271 29 0 873 Local 87TH STREET -- NLL 268 29 0 864 Local 84TH STREET -- NLL 265 33 229 1,201 Local 85TH STREET -- NLL 306 33 220 1,342 Local 92ND STREET -- NLL 265 29 0 854 Local 90TH STREET -- NLL 268 29 0 864 Local FULTON AVENUE -- CL 430 29 0 1,386 Local 91ST STREET --CL 297 33 0 1,089 Local 92ND STREET -- NLL 279 33 0 1,023 Local GARDNER AVENUE -- CL 572 30 250 2,157 Local GARDNER AVENUE -- CL 562 29 153 1,964 Local 86TH STREET -- NLL 271 33 0 994 Local GARDNER AVENUE -- ELL 563 33 0 2,064 Local FULTON AVENUE NORTH JUNCTION -- CL 429 29 190 1,572 Local GENOA AVENUE -- CDS WEST 648 29 190 2,278 Local 88TH STREET -- NLL 265 29 0 854 Local 88TH PLACE -- NLL 267 29 0 860 Local 89TH STREET -- NLL 263 29 0 847 Local GENOA AVENUE -- CL 303 29 0 976 Local 83RD STREET -- NLL 489 39 0 2,119 Local HOMESTEAD AVENUE -- ELL 708 29 0 2,281 Local GENOA AVENUE -- CL 325 29 0 1,047 Local HOMESTEAD AVENUE -- ELL 688 29 0 2,217 Local 90TH STREET -- CL 298 33 0 1,093 Local 86TH STREET -- CL 298 33 0 1,093 Local 86TH STREET -- NLL 269 29 0 867 Local HURON AVENUE -- CL 480 29 0 1,547 Local HURON AVENUE -- CDS WEST 583 29 199 2,078 Local HURON AVENUE -- CL 480 29 0 1,547 Local 99TH ST 581 29 198 2,070 Local FULTON AVENUE -- CL 387 29 194 1,441 Local FULTON AVENUE -- CDS WEST 817 29 190 2,823 Local GENOA AVENUE -- CL 171 29 0 551 Local FULTON AVENUE SOUTH JUNCTION -- CL 154 29 0 496 Local FULTON AVENUE -- CL 543 29 190 1,940 Local 88TH PLACE -- CL 470 33 0 1,723 Local 84TH STREET -- CL 157 33 0 576 Local 85TH STREET -- CL 297 33 0 1,089 Local 83RD STREET -- CL 365 42 245 1,948 Collector 84TH STREET -- CL 294 42 0 1,372 Collector 85TH STREET -- CL OF DRAINAGE CHANNEL 306 42 0 1,428 Collector IOLA AVENUE -- ELL 1103 33 0 4,044 Local IOLA AVENUE -- ELL 1103 29 0 3,554 Local 83RD STREET WEST JUNCTION -- CL 366 33 0 1,342 Local 83RD STREET EAST JUNCTION -- CL 139 33 0 510 Local 86TH STREET -- CL OF DRAINAGE CHANNEL 293 42 0 1,367 Collector 87TH STREET -- DRAINAGE CHANNEL -- CL 299 42 0 1,395 Collector HOPE AVENUE -- CL 361 42 0 1,685 Collector GROVER AVENUE -- CL 722 42 0 3,369 Collector HOMESTEAD AVENUE -- WILL 244 42 0 1,139 Collector 87TH STREET EAST JUNCTION -- CL 135 33 0 495 Local 87TH STREET WEST JUNCTION -- CL 302 33 0 1,107 Local 89TH STREET -- CL 423 33 0 1,551 Local 88TH STREET -- NLL 272 29 0 876 Local IOLA AVENUE -- ELL 355 29 0 1,144 Local HYDEN AVENUE -- CL 743 29 0 2,394 Local HYDEN AVENUE -- CDS WEST 319 29 199 1,227 Local 88TH PLACE -- CL 290 29 0 934 Local HURON AVENUE -- ELL 416 29 0 1,340 Local HURON AVENUE -- CDS WEST 610 29 199 2,165 Local 89TH STREET -- NLL 286 29 0 922 Local HURON AVENUE -- CL 391 29 199 1,459 Local HYDEN AVENUE -- CL 314 29 0 1,012 Local HURON AVENUE -- CL 391 29 199 1,459 Local HYDEN AVENUE -- CL 154 29 0 496 Local IOLA AVENUE -- ELL 515 29 0 1,659 Local 90TH STREET -- CL 298 29 0 960 Local HYDEN AVENUE -- ELL 525 29 199 1,891 Local HYDEN AVENUE -- CDS WEST 460 29 199 1,681 Local 91ST STREET -- NLL 313 29 0 1,009 Local IOLA AVENUE -- END OF CONCRETE EAST 687 42 0 3,206 Local 88TH STREET -- CL 307 42 0 1,433 Local 89TH STREET -- CL 607 42 0 2,833 Local 92ND STREET -- NLL 994 42 0 4,639 Local 92ND STREET -- NLL 348 29 0 1,121 Local 91ST STREET -- CDS SOUTH 306 29 199 1,185 Local 92ND STREET -- NLL 363 29 0 1,170 Local HURON AVENUE -- CL 353 29 0 1,137 Local HYDEN AVENUE NORTH JUNCTION -- CL 128 29 0 412 Local HYDEN AVENUE SOUTH JUNCTION -- CL 189 29 0 609 Local IOLA AVENUE -- ELL 285 29 0 918 Local 146,475 J W 4+ 5801 100 5 5815 100 5 5901 100 5 5901 100 5 5813 100 5 5801 100 5 5909 100 5 5905 100 5 5901 100 5 5801 100 5 5901 100 5 5901 100 5 5905 100 5 5909 100 5 5903 100 5 5801 100 5 5809 100 5 8401 100 5 8301 100 5 9001 100 5 8601 100 5 8301 100 5 8401 100 5 9101 100 5 8901 100 5 5801 100 5 9001 100 5 9101 100 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ST 82ND LN 82ND PL 84TH ST TH a 84TH St —, 86TH QLuj Z 85TH ST a tiF = 87TH ST W '4` 88TH ST 88TH ST Q W O 89TH ST C G 91 ST ST J N 92N D Sr 91 ST ST 93Rp pR 93Rp ST 92ND ST 93RD ST 94r 93RD Sr sr 93RD ST 19 4�h 95 7T 6 6TH Sr 9 96rH Sr r 1 1 98TH . ST Lakeridge a 109TH PL o�c H �115TH ST; N I9� FM 108TH ST qV Q� A 1109TH ST N r m 3 112TH ST O Z a 110TH ST 11 OTH,ST� W W Qom, W H z �D o o o Z o Q o o cY o cY:) > �D w I c Z CO Miles 0 1 2 4 6 8 10 City of Lbbock �. "LL . 12/23/2020 T E X A S Proposed 2021 Public Works Projects Resurfacing Contracts Council Districts Q ERSKi F LU Z Z 4TH ST 6 W 19TH S J ? 34TH ST 34TH S W a w I� Z J W ° > Y5 a e _ _ w O o > o O o w Q o C'S O Q LO Districts 1 2 3 4 5 �6