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HomeMy WebLinkAboutResolution - 2013-R0077 - Contract - Lone Star Dirt And Paving LTD - Mcalister Park Cut And Fill Plan - 02_28_2013Resolution No. 2013—R0077 February 28, 2013 Item No. 5.7 RESOLUTION 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, Contract No. 11134 for McAlister Park Cut and Fill Plan, by and between the City of Lubbock and Lone Star Dirt and Paving, Ltd., 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 FPbr GL RO ERTSON, MAYOR ATTEST: Rebe- a Garza, Ciiy Secretary APPROVED AS TO CONTENT: Marsha Reed, P.E., Chief Operating Officer APPROVED AS TO FORM: Amyxt Assistant City Attorney vwxcdocs: RES.Contract-Lone Star Dirt February 5, 2013 Resolution No. 2013-R0077 REVISED PROPOSAL SUBMITTAL FORM UNIT PRICE PROPOSAL CONTRACT DATE: / - 3o / 3 RFP: 13-11134-DG McAlister Park Cut and Fill Plan Proposal of 4 on G 15,44Pf r / J/ P.4 V Zia' (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 construction of a McAlister Park Cut and Fill Plan 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. BASE PROPOSAL ITEM NO. DESCRIPTION UNIT ESTIMATED QUANTITY UNIT PRICE EXTENDED AMOUNT 1 S OTPP, including NOI and MO 7 2 Cut CY 365,000-- 3 Fill CY 55,000 TOTAL PROPOSAL ITEMS 1 - 3 ($T I ., DDC7 0-D, ) ADDITIVE ALTERNATES ITEM NO. DESCRIPTION UNIT ESTIMATED QUANTITY UNIT PRICE EXTENDED AMOUNT A-1 Area 1-Erosion Control SF 4,000 �� O D A-2 Area 2-Erosion Control SF 3,750 A-3 Area 3-Stockpile Removal CY 17,000 o 00 l' A-4 Seed LB 650 A-5 Broadcast Seeding AC 65 h p Da -j ''-'— (In case of discrepancy, unit price shall govern.) - Offeror's Initials 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. The Owner anticipates the project to be substantially completed within TWELVE (12) MONTHS or as stipulated in the specifications and other contract documents. The actual time for the contract will conform to the time as set forth in the contract documents and the Offeror hereby further agrees to pay to Owner as liquidated damages for each calendar day in excess of the time set forth in the contract documents, the following sum of allowed construction time with liquidated damages $250 per day. The proposed number of calendar days to substantial completion. (Number followed by written.): The proposed number of calendar days to final completion. (Number followed by written.): JG� 7J� fele 7lungrrtc� Si��V�cr Offeror understands and agrees that this proposal submittal shall be completed and submitted in accordance with instruction number 28 of the General Instructions to Offerors. Offeror understands that the Owner reserves the right to reject any or all proposals and to waive any formality in the proposing. The Offeror agrees that this proposal shall be good and may not be withdrawn for a period of SEVENTY (70) calendar days after the scheduled closing time for receiving proposals. The undersigned Offeror hereby declares that he has visited the site of the work and has carefully examined the plans, specifications and contract documents pertaining to the work covered by this proposal, and he further agrees to commence work on the date specified in the written notice to proceed, and to substantially complete the work on which he has proposed; as provided in the contract documents. Offerors are required, whether or not a payment or performance bond is required, to submit a cashier's check or certified check issued by a bank satisfactory to the City of Lubbock, or a proposal bond from a reliable surety company, payable without recourse to the order of the City of Lubbock in an amount not less than five percent (5%) of the total amount of the proposal submitted as a guarantee that offeror will enter into a contract, obtain all required insurance policies, and execute all necessary bonds (if required) within ten (10) days after notice of award of the contract to him. Offeror's Initials Enclosed with this proposal is a Cashier's Check or Certified Check Enclosed with this proposal is a Cashier's Check or Certified Check for Dollars ($ —) or a Proposal Bond in the sum of 104 Dollars (S ), 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(a), 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: Secretary Offeror acknowledges receipt of the following addenda: Addenda No. / Date, .JA,, 17 Addenda No. Date' Addenda No. Date Addenda No. Date Date: `^ 30 — f F Auawrized-Si ,5TeVc. %u�/�er' (Printed or Typed Name) lotle Ar -f �t �,A Company jLgAo U„;►+ .4rw Addre s 4 City, County State Zip Code Telephone: 80L - 74 s Lot t Fax: Sot, ? H S t o -74l Email: S-%de Q n4 f "oA lilft . A-o4 FEDERAL TAX ID or SOCIAL SECURITY No. 8yDD 130 ?/ M/WBE Firm: I Woman Black American Native American Hispanic American Asian Pacific American Other (Specify) CITY OF LUBBOCK SPECIFICATIONS FOR McAlister Park Cut and Fill Plan RFP 13-11134-DG CONTRACT 11134 PROJECT NUMBER: 92210.9243.30000 Plans & Specifications may be downloaded on Bidsync.com �vt3- R0077 city of bock TEXAS CITY OF LUBBOCK Lubbock, Texas L, PAGE INTENTIONALLY LEFT BLANK ci bty of ock rEzas ADDENDUM #1 McAlister Park Cut and Fill PIan DATE ISSUED: March 4, 2013 RFP 13-11134-DG CLOSE DATE & TIME: January 30, 2013 @ 2:00 p.m. The following items take precedence over specifications for the above named Request for Proposal (RFP). Where any item called for in the RFP documents is supplemented here, the original requirements, not affected by this addend-Lun, shall remain in effect. Bidders are invited to review the following for questions and answers, clarifications, changes and a revised bid form: Information Added: a) The low port of the inlet elevation is 3254.13 on the NGVD 29 Datum b) The TIN file due to its size of 1GB will be available for pick up in the City of Lubbock Purchasing office. Please call Cynthia Perez 806-775- F- 3150 or email cperez@mylubbock.us to set up a pick up time. Changes: a) Liquidated damages have been increased from $25 to $250.00 for each working day in excess of the time set in contract. b) The Substantially Completed time has been changed from 6 months to 12 months Revised bid form: Please submit revised bid form with bid. The follow items have been revised. a) Line 2 was changed to Cut CY 365,000 b) Line 3 was added, Fill CY 55,000 All requests for additional information or clarification must be submitted in writing and directed to: City of Lubbock David Gamboa Buyer P.O. Box 2000 Lubbock, Texas 79457 p Questions may be faxed to (806)775-2164 or Emailed to dgamboa@mylubbock.us f)W/a �Fa� Buyer It is the intent and purpose of the City of Lubbock that this request permits competitive bids. It shall be the bidder's responsibility to advise the City of Lubbock Director of Purchasing & Contract Management if any language. requirements, etc., or any combinations thereof. inadvertently restricts or limits the requirements stated in this ITB to a single source. Such notification must be submitted in writing and must be received by the Purchasing Manager no later than five (5) business days prior to the bid close date. A review of such notifications will be made. H 8 L } City of Lubbock, TX Purchasing and Contract Management Contractor Checklist for RFP 13-11134-DG Before submitting your bid, please ensure you have completed and included the following documents in the order they are listed. The contractor is only to submit (1) one original copy of every item listed. 1. Carefully read and understand the plans and specifications and properly complete the BID SUBMITTAL FORM. Bid submittal form MUST be completed in blue or black ink or by typewriter. 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. In case of a discrepancy between the Unit Price and the Extended Total for a Bid item, the Unit Price` will be taken." 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 _�Z provide a bid surety WILL result in automatic rejection of your bid. 3. U Complete and sign the CITY OF LUBBOCK INSURANCE REQUIREMENT AFFIDAVIT. This must include the signature of the agent or broker. Contractor's signature must be original. 4. '� Clearly mark the bid number, title, due date and time and your company name and address on the outside of the envelope or container. 5. "' 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. . 6. Complete and sign the CITY OF LUBBOCK INSURANCE REQUIREMENT AFFIDAVIT. This must include the signature of the agent or broker. Contractor's signature must be original. 7. Complete and sign the SAFETY RECORD QUESTIONNAIRE. All "YES" responses must be explained in detail and submitted with Bid. 8. y Complete and sign the SUSPENSION AND DEBARMENT CERTIFICATION. Include firm's FEDERAL TAX ID number or Owner's SOCIAL SECURITY number. 9. Complete and submit the PROPOSED LIST OF SUB -CONTRACTORS. DOCUMENTS REQUIRED WITHIN SEVEN BUSINESSDAYS AFTER CLOSING: 10. Complete and submit the FINAL LIST OF SUB -CONTRACTORS. FAILURE TO PROVIDE ANY OF THE ABOVE MAY RESULT IN YOUR BID BEING DEEMED NON -RESPONSIVE AND, THEREFORE, NOT FURTHER EVALUATED. PLEASE Zk­ INCLUDE THIS COMPLETED PAGE AS THE FIRST PAGE OF YOUR BID SUBMITTAL. ki .., r 4� k (Type or Print Company Name) I N Paae Intentionally Left Blank HOPM 1. NOTICE TO OFFERORS 2. GENERAL INSTRUCTIONS TO OFFERORS 3. GOVERNMENT CODE 2267 4. PROPOSAL SUBMITTAL FORM — (must be submitted by published due date & time) 4-1. UNIT PRICE PROPOSAL SUBMITTAL FORM 4-2. CONTRACTOR'S STATEMENT OF QUALIFICATIONS 4-3. CITY OF LUBBOCK INSURANCE REQUIREMENT AFFIDAVIT 4-4. SAFETY RECORD QUESTIONNAIRE 4-5. SUSPENSION AND DEBARMENT CERTIFICATION 4-6. 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. GENERAL CONDITIONS OF THE AGREEMENT 11. DAVIS-BACON WAGE DETERMINATIONS 12. SPECIAL CONDITIONS (IF APPLICABLE) 13 SPECIFICATIONS Page Intentionally Left Blank NOTICE TO OFFERORS Pate Intentionally Left Blank I NOTICE TO OFFERORS RFP 13-11134-DG i 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 City Hall, 1625 13th Street, Room 204, Lubbock, Texas, 79401, until « ClosingTime» on January 30, 2013or 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: "McAlister Park Cut and Fill Plan " 7 After the expiration of the time and date above first written, said sealed proposals will be opened in the office of the Director of Purchasingand Contract Management and publicly read aloud. It is the sole g P Y 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 �l Checklist in the proposal submittal. Proposals are due at 2:00 p.m. on January 30, 2013, and the City of Lubbock City Council will Yconsider the proposals on February 28, 2013, at the City Hall, 1625 13th Street, 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 bond must be in a form accepted by the City Attorney and must be dated the same as the Contract Award date. 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 Offerror. 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. It shall be each proposer's sole responsibility to inspect the site of the work and to inform Offerror 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 ire aration of the proposal submitted. There will be a non-mandatorpre-proposal conference o_Janua�y1�5 2013 'ate y � � 1.0 0:0 a.m. n`�CM Project Conference Room located on the 2nd floor to the right of the escalator at City Hall, 1625 131bStreet, Lubbock, Texas 79401, Lubbock, Texas. 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 t 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) 775-2175 write to Post Office Box 2000, Lubbock, Texas 79457 at least 48 hours in advance of the meeting. Marta Alvarez Marta Alvarez DIRECTOR OF PURCHASING & CONTRACT MANAGEMENT i� 0 GENERAL INSTRUCTIONS TO OFFERORS Page Intentionally Left Blank GENERAL INSTRUCTIONS TO OFFERORS PROPOSAL DELIVERY TIME & DATE The City of Lubbock is seeking written and sealed competitive proposals to furnish McAlister Park Cut and Fill Plan per the attached specifications and contract documents. Sealed proposals will be received no later than 2:00 p.m., January 30, 2013 at the office listed below. 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 13-11134-DG McAlister Park Cut and Fill Plan " 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: David Gamboa, Buyer City of Lubbock 1625 13th Street, Room 204 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 Offerrors will be considered responsive and evaluated or award of a Contract. 1.3 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 - 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. 3 ADDENDA & MODIFICATIONS 3.1 Any changes, additions, or clarifications to the RFP 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. rl 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 rl hqp://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 r 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 seven (7) 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 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 seven (7) calendar days prior to the opening of proposals. 5 PROPOSAL PREPARATION COSTS 2 t_ 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(b) 6.3 Marking your entire proposal CONFIDENTIAL/PROPRIETARY is not in conformance with the Texas Open Records Act. 7 LICENSES PERMITS TAXES The price or prices for the work shall include full compensation for all taxes, permits, etc. that the 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 12 13 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. 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 Purchasing and Contract Management if any language, requirements, etc., or any 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 Office no later than seven (7) calendar days before the proposal closing date. A review of such notifications will be made. 12.2 NO PROPOSER SHALL REQUEST ANY INFORMATION VER$ALLY. AU REQUESTS FOR ADDITIONAL INFORMATION OR ; CLARIFICATIOI CONCERNING THIS REQUEST FOR PROPOSALS (RFP) MUST BE SUBMITTED ,11 WRITING NO LATER THAN SEVEN (7) CALENDAR; DAYS PRIOR, TO TI3 PROPOSAL CLOSING DATE AND ADDRESSED TO David Gamboa, Buyer City of Lubbock Purchasing and Contract Management Office 1625 13`}' Street, Room 204 Lubbock, Texas 79401 Fax: 806-775-2164 Email: dgamboa@mylubbock.us Bidsync: www.bidsync.com TIME AND ORDER FOR COMPLETION 13.1 The construction covered by the contract documents shall be substantially completed within TWELVE MONTHS 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. 4 x s 14 PAYMENT r' 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 i 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 I_ J 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 ten 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. 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. _= 7 1' s- 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 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 bidder shall submit his bid on forms furnished by the City, and all blank spaces in the 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. '3 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 Lone Star Dirt and Paving, Ltd 29.3.2 Proposal "RFP 13-11134-DG, McAlister Park Cut and Fill Plan" 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. 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. z 30 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). y . (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. 31 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: �._ 9 (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. (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 Local Government Code Section 271.116. The Maximum Point value is equal to 100 points. The weight factor is 60% for Price, 30% for Contractor Qualifications, 5% for Safety Record, and 5% for Construction Time. The selection criteria used to evaluate each proposal includes the following: 32.1 60% 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, for a maximum of 60 points allowable. For Example: (Lowest Price/Current Proposal Price) x Maximum Point Value = Price Score 32.2 30% CONTRACTOR QUALIFICATIONS: When evaluating a contractor's qualifications, kJ 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 X Weight = Score) with a maximum of five points allowable. 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 10 1- 1 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% SAFETY RECORD QUESTIONNAIRE: This criterion is also more subjectively evaluated and the formula is as follows: (Points X Weight = Score) with a maximum of five points allowable. Each evaluator assigns points based upon the responses you provide in your "Safety Record Questionnaire" and the Contractors Experience Modification Ratio. The Offeror shall submit this ratio in the Contractors Statement of Qualifications. Contractors with an Experience Modification Ratio greater than 1 will be scored as zero. The City may consider any incidents 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 will base their rating primarily upon the type of offense, date of the offense, location where the offense occurred, final disposition of the offense, the penalty assessed, as well as the Experience Modification Ratio. 32.4 5% CONSTRUCTION TIME: This criterion is also more subjectively evaluated and the formula is as follows: (Points X Weight = Score) with a maximum of five points allowable. Each evaluator assigns points based upon the responses the Offeror provides in the Contractors Statement of Qualifications and any follow-up information obtained from referenced contact persons or organizations. 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. 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. 11 f, 33. S A proposal will be subject to being considered irregular and maybe 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 PREVAILING WAGE RATES 35.1 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 1 locality in which the work is performed, and not less than the general prevailing rate of per diem wages for legal holiday and overtime work. 1 35.3 The State of Texas has adopted the Federal Davis -Bacon wage rates for use in Texas pursuant to and in accordance with the Texas Government Code, Section 2258.022. Bidders may access the U. S. Department of Labor web site at the following web address to obtain the rates to be used in Lubbock County: IJ http://www.wdol.gov/dba.aVx 35.4 It shall be the responsibility of the successful offeror to obtain the proper wage rates from the web site for the type of work defined in the bid specifications. 12 -, 35.5 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. 13 Page Intentionally Left Blank GOVERNMENT CODE & 2267 SELECTING CONTRACTOR FOR CONSTRUCTION SERVICES THROUGH COMPETITIVE SEALED PROPOSALS (a) In selecting a contractor through competitive sealed proposals for construction, rehabilitation, alteration, or repair services for a facility or for construction of a project to which Section 252.043(d-1) applies, a governmental entity shall follow the procedures prescribed by this section. (a-1) In this section "facility" means an improvement to real property. (b) The governmental entity shall select or designate an engineer or architect 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. (c) The governmental entity shall provide or contract for, independently of the contractor, the inspection services, the testing of construction materials engineering, and the verification testing services necessary for acceptance of the facility or project by the governmental entity. The governmental entity shall select those services for which it contracts in accordance with Section 2254.004, Government Code, and shall identify them in the request for proposals. (d) The governmental entity shall prepare a request for competitive sealed proposals that includes construction documents, selection criteria, estimated budget, project scope, schedule, and other information that contractors 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. (e) The governmental entity shall receive, publicly open, and read aloud the names of the offerors and, if any are required to be stated, all prices stated in each proposal. Not later than the 45th day after the date of opening the proposals, the governmental entity shall evaluate and rank each proposal submitted in relation to the published selection criteria. (f) The governmental entity shall select the offeror that offers the best value for the governmental entity based on the published selection criteria and on its ranking evaluation. The governmental entity shall first attempt to negotiate a contract with the selected offeror. The governmental entity 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 governmental entity is unable to negotiate a 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. (g) 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 Pate Intentionally Left Blank i REVISED PROPOSAL SUBMITTAL FORM UNIT PRICE PROPOSAL CONTRACT DATE: RFP: 13-11134-DG McAlister Park Cut and Fill Plan Proposal of -C one_ ��,I r ,_-1 f� P4 v / f61 (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 construction of a McAlister Park Cut and Fill Plan 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, t 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. BASE PROPOSAL ITEM NO. DESCRIPTION UNIT ESTIMATED QUANTITY UNIT PRICE EXTENDED AMOUNT 1 SWPPP, including NOI and MO 7 NOT a 00 2 Cut CY 365,000--- 3 Fill CY 55,000— a j -t a p e TOTAL PROPOSAL ITEMS 1 — 3 ($ 5 I , DUG7 ) ADDITIVE ALTERNATES ITEM NO. DESCRIPTION UNIT ESTIMATED QUANTITY UNIT PRICE EXTENDED AMOUNT A-1 Area 1-Erosion Control SF 4,000 S �� c7 0� A-2 Area 2-Erosion Control SF 3,750 A-3 Area 3-Stockpile Removal CY 17,000 y �? 1.1g © OD `= A-4 Seed LB 650 1 A 1 =- A-5 Broadcast Seeding AC 65 % j p �� -7 + r" (In case of discrepancy, unit price shall govern.) s . / , Offeror's Initials j l F! 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. The Owner anticipates the project to be substantially completed within TWELVE (12) rl MONTHS or as stipulated in the specifications and other contract documents. The actual time for the contract will conform to the time as set forth in the contract documents and the Offeror hereby further agrees to pay to Owner as liquidated damages for each calendar day in excess of the time set forth in the contract documents, the following sum of allowed construction time with liquidated damages $250 per day. The proposed number of calendar days to substantial completion. (Number followed by written.): Y The proposed number of calendar days to final completion. (Number followed by written.): r-ee 4luA41 e Offeror understands and agrees that this proposal submittal shall be completed and submitted in accordance with instruction number 28 of the General Instructions to Offerors. Offeror understands that the Owner reserves the right to reject any or all proposals and to waive any formality in the proposing. The Offeror agrees that this proposal shall be good and may not be withdrawn for a period of SEVENTY (70) calendar days after the scheduled closing time for receiving proposals. The undersigned Offeror hereby declares that he has visited the site of the work and has carefully examined the plans, specifications and contract documents pertaining to the work covered by this proposal, and he further agrees to commence work on the date specified in the written notice to proceed, and to substantially complete the work on which he E-11 has proposed; as provided in the contract documents. Offerors are required, whether or not a payment or performance bond is required, to submit a cashier's check or certified check issued by a bank satisfactory to the City of Lubbock, or a proposal bond from a reliable surety company, payable without recourse to the order of the City of Lubbock in an amount not less than five percent (5%) of the total amount of the proposal submitted as a guarantee that offeror will enter into a contract, obtain all required insurance policies, and execute all necessary bonds (if required) within ten (10) days after notice of award of the contract to him. Offeror's Initials 2 Enclosed with this proposal is a Cashier's Check or Certified Check Enclosed with this proposal is a Cashier's Check or Certified Check for - —' Dollars ($ } or a g Proposal Bond in the sum of 5° Dollars ($_ ), 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(a� 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: Secretary Offeror acknowledges receipt of the following addenda: Addenda No. Date .r.iAn 17 Addenda No. Date'- Addenda No. Date Addenda No. Date Date: /' 3d — / " Audwrizedd Signature (Printed or Typed Name) lane ,�,/ `l pety /*0/ ,�Ar lJ1tf Company p Un i V Aite �(/.QA Address ce k City, ^ .. County State Zip Code Telephone: 80 G - y , 1.. v e ► Fax: 80 t. '7'j,:r g o 714 Email: /,.,n. 94Ar s%ve'P n4f_-on 1 he . n,Pa FEDERAL TAX ID or SOCIAL SECURITY No. M/WBE Firm: Woman Black American Native American Hi is American I I Asian Pacific American Other (Specify) 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: 11 Contractor's General Information Organization Doing Business As Loj2e Star Business Address of Principle Office 1820 University Ave. Lubbock, Texas 79423 Telephone Numbers Main Number 8 0 6 7 45 - 6 011 ' Fax Number (806) 745-4074 Web Site Address A Corporation A Partnership An Individual Form of Business (Check One) Date of Incorporation State of Incorporation Chief Executive Officer's Name President's Name Weslev Sanders' Vice President's Name(s) 1 Date Name _ Business Address Average Employe 1985 general or Limited Curmt Full Time 86 Average Estimate of Revenue for the Current Year 10 mil Contractor's Organizational Experience Organization Doing Business As Business Address of Regional Office Name of Regional Office Manager Telephone Numbers Main Number Fax Number Web Site Address e List of names that this organization cunrentl includin the names of related companies r Names nfOrganization None List of companies, firms or of Name ofcompanies, firms or None . that own any part of the organization. Years experience in projects similar to the proposed project: --- -- — — As,a General Co4traator j 2 6 Yrs As a Joint Venture Partner Yrs Has this or a predecessor organization evar defauhed on a project or failed to complete any work awarded to it? No Ifyes provide full details in a separate attachment. See attachment No. Has this or a predecessor organization been released from a bid or proposal in the past ten ears? No Ifyes 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, s ate or federal en within the last five ears? No Ifyc provide full details in a separate attachment. See rttachment No. Is this organization or your proposed surety currently, in any litigation or contemplating u'ti sti, �7 No ifyc .,: provide fiill details in a SOPUMe attachment. See attachment No. Has this or a predecessor organization ever refused to cddstruct or refused to provide materials defined in the contract documents? No Ifycs provide full detaos in a separate attachment. See attachment No. 1 L� I� Contractor's Proposed Key Personnel Organization DoingB.osinessAs Lone Star Dirt & Pavin Provide a brief description of the managerial structure of the organization and illustrate with ad organizational cart. Include the title and names of key personnel. Include this chart at an attachment to this description. See attachment No. Wesley Sanders -President Lee Whitley Projects MGR. -Steve Turner -Vice President Arbrey Stockman -General Superintendent Colin Coe- Superintendent Wesley Sanders &'Steve Turner -oversee all projects.Lee, Arbrey & Colin'answer to wesley & steve on Everything. 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. Steve & Wesley will be project managers on this project. Lee, Arbrey, & Colin will oversee this project & answer to Wesley.& Steve on everything needed to make this project go smoothly. Provide Information on the key pej:.onnel proposed for this project that will provide the following key functions. Provide information for candidates r'or 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 Aso be included. Role Primary Candidate Alternate Candidate Project Manager Lee Whitley- Project Superintend it Tiirner Project Safety Offu , t " ceman Quality Control Me .,gem ULrbrpy.,,�t,ock1LiJn,_,St,eYe Turner 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. It he individual is not to be devoted solely to this project, indicate how time It to be divided between this project and :ir other assignments. 7 i d`' C )posed Project Managers Organization Doing Business As Name oflndividual Lone Star Dirt & Pavin Years ofExperience as Project Manager Years of Experience with this organization Number ofsimihar projects as Project Manager Number of similar projects in other positions 100 gr more Current Project Assignments Name ofAssignmen# 34th Street Project Percent of Time Used for this Project Estimated Project Completion Date Dec.2014 f Uu As hal R air 2011 P,efcronce Contact Information (listing names indicates- a Name Neil Welch, ~ revel to contactingthe Name names individuals as a reference , -•Title/PoMtion ooPosition En ineer O anization duhation r Telephone .. 7 Tel hone E-mail.. E•tuail Pro act � Pm act Candidate role on Pro ect Name oflndMdual Candidates role on Project S eve..'PurrreY' "._ Years ofExperienceasPWjeghlaoeger over 25 years Years ofxparience wits► this organization 20 vrs Numbei Kaiiailai pmjocts as Projeet Manager Number of similar projects in other positions 100 or more �ttrrei►t Project Assignments Name ofAssignment Percent of Time Used for this Project Estimated Project Completion Date 34th S re Project 1r'7 t[T nF4 v 7/11 7 8 Wesley D. Sanders 11820 University Avenue Lubbock, Texas 79423 PROFILE •ti Managed million dollar projects ❖ Involved in all phases concrete and asphalt work ❖ Utilized creative thinking, and superior problem solving skills to overcome all challenges. w• Highly motivated to improve efficiency and profitability of projects through communication and analysis of methods. •: Strong leadership skills ensure all contributors remain focused on Critical Success Factors to achieve all objectives ❖ Managed multiple simultaneous projects v Good computer skills EXPERIENCE: Over 30 years in the construction industry: 20 years experience as a partner/owner. Presently a Partner in Lone Star Dirt & Paving Company, in addition to Seven Sanders a roll -off company, as well as sole owner of a over the road trucking company Sanders Transportation. CORE COMPETENCIES: *Scheduling — Engineering — Material Management — Budgeting — Contract Negotiations — Hands on Supervisor - Staff Training/Motivating. RECENT PROJECTS: City of Idalou — road excavation, curb & gutter work, hot mix, and erosion control City of Lubbock — remove existing asphalt surface, and replace with concrete City of Lubbock — Seal coat streets throughout the city Lake Alan Henry G1 — asphalt paving repair, milling, asphalt paving replacement, caliche road replacement and concrete work. Lubbock ISD parking lots — demolish and rebuild three (3) parking lots Cooper Technology Building — new building, curb & gutter work, sidewalks, asphalt & concrete paving. Cooper ISD softball complex — demolish existing complex and rebuilt complex. PAGE INTENTIONALLY LEFT BLANK STEPHEN D. TURNER 3202 WOODROW ROAD 3 LUBBOCK, TEXAS 79423 (806) 548-3721 l PROFILE I have been in the construction business for over 30 years and have worked with local ` individual contractors as well as with the City, County and State. Successfully completing multi -million dollar projects on time, fashion while building a positive rapport with architects, engineers, local officials, vendors and clients while maintaining costs. Versed in contract negotiations, project estimating, document preparation, codes and regulations, material purchasing, site management. Areas of Expertise lie in: ® Team Building & Leadership * Quality Control Management • Permitting and Building Code * Safety & Compliance Management ® Construction Planning and Scheduling * Organization & Time Management • Critical Path Project Management * Vendor & Materials Management ' _IiF DIN • Budget Analysis * Estimating & Job Costing EMPLOYEMENT HISTORY Lone Star Dirt & Paving 1995 - Present Plan, organize, and manage the overall projects. Responsibilities include blueprint review and analysis of projects, preparation of construction documents, bidding, negotiations, material purchasing, scheduling, project budget, building code compliance, project development quality control. Caprock Highway Construction 1.983 —1993 W.D. Turner Construction 3.976 -1983 KEY PROJECTS AND SELECTED ACCOMPLISHMENTS • Tx Dot Highway reconstruction ® New Airport construction and renovation of existing runways and taxiways at Reese Air Force Base and Dallas Naval Air Station • City of Muleshoe s Heavy Highway concrete paving in Greenville, Tx i ® Seal coat of numerous Texas major highways in Districts all over Texas 806-799 2603 A.RBREY S. STOCKMAN 3314 770 Street Lubbock, Taros 79423 IN CONSTRUCTION SINCE 1978 WITH GRANITE SINCE 2000 SUA MARY OF QUALIFICATIONS Arbreysl@aoLcom Seasoned Asphalt Superintendent who has worked m-depth in all aspects of Highway Construction for almost 30 years. Progressive experience starting as flagger and advancing to equipment operator, blade operator, asphalt foreman ,and promoted to asphalt superintendent. Broad range of project experience with TXDOT, NMDOT, federal projects, private sectors and city projects of all sizes. Demonstrated ability to communicate, manage and motivate employees to create a unified and versatile crew with completion of all tasks assigned. Seven employees have worked under my supervision for the past 15- 25 yrs. GRANITE CONSTRUCTION COMPANY, Lubbock, TX 2000 — 2010 Asphalt Superintendent East / West Projects, Lubbock, TX, Texas Dept. Of Transportation 2003 — 2010 The East / West (Marsha Sharp) Freeway is a five -phase, 13 mile Highway project in Lubbock, TX designed to reduce congestion throughout the city and provide added capacity to meet future transportation needs. The project alignment touches several major portions of the city, including Texas Tech University, Jones Stadium, the central business district, education centers and several hospitals and medical facilities. Granite has performed work as the general contractor for all 4 phases of the project awarded by TxDOT so far. Overall project responsibilities included scheduling multiple crews in various tasks including milling, trucking, asphalt paving of Type B, C.M.H.B, S.M.A, O.G.F.C, all Prime Oils, Emulsions, lots of Seal Coats and seeding and sod work for final job sales. Phase 1 — The projects initial phase consisted of the widening, from four to six lanes, of approximately 5.1 miles of West Loop 289 and Slide Rd. to 34th St. Also included in the contract were frontage roads, construction of mainline Loop 289 bridges over US 62 / 82 and building of the 50th St overpass. Managed and facilitated paving 3200 tons of Type B mix and passed all TXDOT specifications resulting in bonus profits. Generated a 97% bonus rating of 37 out of 38 lots with no removal. Phase 2 — This ongoing portion of the project upgrades a 4.9 mile portion of US 82 into a limited access freeway, including the construction of frontage roads mainlines. This phase features several major cross street overpasses, including 30 ft-tall 19th St connector, Quaker Ave., 4th St and Avenue Q. Facilitated and supervised the laying of 3860 tons of Type B mix which broke a company record of amount of mix laid. Laid 3000 tons of Type B mixon several days in high traffic areas. Generated a 92% bonus rating of 38 out of 42 paving lots with no removal. Phase 3A — Consisted of 3.18 miles of multi -lane freeway, approaches, frontage roads and two major flyover bridges. The southbound flyover from Loop 289 to US 82 Highway spans 3900 ft and reaches over 74 ft high, making it the longest and tallest structure in the history of TxDOT's Lubbock District. The second flyover, an eastbound connector from US 82 Highway to Loop 289 extends 2,080 ft. and stands 41 ft. tall. Generated 100% bonus pay for all mixes paved with new specifications for OGFC and SMA with no removal. Phase 3B — Constructed 1.5 miles stretch from Chicago to Salem Ave. and includes interchanges at 34th St. and Slide Rd. with overpass construction at the Slide intersection. Generated 98% bonus rating with 20 out of 21 paving lots and no removals. RICHARD LEE WHITLEY 3718 158TH ST, LUBBOCK, TX 79423 OBJECTIVE General Superintendent, Vice President of Operations EXPERIENCE 7/1/2003 TO 1/25/2013 Armor Asphalt, Inc. VICE PRESIDENT a Oversee day today operations of commercial and residential construction Oversee management of 45 employees 7/1/2001 TO 7/1/2003 Allen Butler Construction CONSTRUCTION SUPERINTENDENT Oversee day to day operations of commercial construction Jobs 4/1/1999 TO 7/1/2001 J. D. Abrams, Inc. CONSTRUCTION SUPERINTENDENT Oversee day to day operations on South Loop 289 overpass reconstruction 4/1/1993 TO 4/1/1999 Lipham Construction CONSTRUCTION SUPERINTENDENT f Oversee day to day operations of Texas State Highways re -builds EDUCATION 1960-1972 Guthrie CSD REFERENCES References are available on request. Lubbock, TX Lubbock, TX Lubbock, TX Aspermont TX Guthrie, TX proposed Project Superintendent Organization Doing Business As LQ=,,,atar Dirt MRRIIIMIIIRI�� �� i iiii Name of Individual Arbre Stockman Years of Experience as Project Superintendent 20 Yrs Years of Experience with thhis organization • 6 months Number of similar projects as Superintendent 1100 or more Number of similar projects in other positions 100 or r Current Project Assignments Name of Assignment Percent of Time Used for Estimated Project this Project Gom letion Date Warren Cat a ends time - 2012 '34th Street Project needed for Citv of Lubbock Concrete&Asp Repai 2073 �ouq/ i•tJ-ou11 12" le none tsub /45-bull on ndidate role •Superintendent Arnt.M Surnerint,Pnrirant- Years of Experience as Project Superintendent Years of Experience with this organization Number of similar projects as Superintendent Number of similar projects in other positions Current Project Assignments Name of Assignment Percent of Time Used fnr Estimated Project at.:..'n........t n.........t_a:_.. T_a_ E-mull I I E-mail Pmect I Project Candidate role on Candidate role Project on Project 9 i Proposed Project Safety Officer Years of Experience as Project Safety Officer Year's of Experience with this organization 1 yr Number of similar projects as Safety Officer Number of similar projects in other positions 20 or more Current Project Assignments Name of Assignment Percent of Time Used for Estimated Project this Project Comnletion Date Kererence u,ontact imormatton (listing names indicates a royal to coniactin the names individuals as a reference Name Neil Welch Name Title/Position zns ector - Title/Position Owner Organ zation City of Lubbock izaUon Lone Star Dirt&Pavin Telephone - 0 e -e one E-mat E-mail Pro ect pm ect Candidate role `on ,ro'ect . Name of Individual Candidate role on Project Years of Experience as Project Safety Officer Years of Experience with this, organization Number of similar projects as Safety Officer Number of similar projects ire other positions Current Project Assignments Name of Assignment Percent of Time Used for this Project Estimated Project Com letion Date Organization Telepbone E-mail Project Candidate role on Project 10 Proposed Project Quality Control Manager Organization Doing Business As Name of Individual Lone Star Dirt & Pavin Ew Wesley Sanders Years of Experience as Quality Control Manager Years of Experience with this organization 25 vrs 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 Com letion Date CityQi.ty Qf. Lul bock 34th Street As needed Reference Cbtact Information listint! names indicates a roval to contactin the names in bilidts as a reference Name Name Titlet Position Title/ Position 4 no gm I- O!ganization City of Lubj2gck Orpanization Telc hone Tele hone E-mail -mall Project Project Candidate role on Project Name of Individual Candidate role .. n Pm act 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 TWO Position Organization Organization Tele h ne Telephone E-mail E-mail Project Project Candidate role on Project Candidate role on Project Contractor's Project Experience and Resources Organization Doing Business As Lbne Star Dirt Provide a list of major projects that are currently underway, or have been completed within the last ten years on Attachment A Provide a completed Project Information form (Attachment B) for projects that have been completed in the last five ears which specifically illustrate the organizations capability to provide best value to the Owner for this project. Include a completed Project Information form (Attachment B) for projects which illustrate the experience of the proposed key personnel. 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 b. Project site safety ' ?. Managing changes to the project 8. Managing equipment 9. meet iri HUB /MWBEPardbi ationGoal Provide a list of major equipment pipimsed foruse on this ptoject. Attach Additional I 'rmation ifnecess Equipment Item Primary Use on Project Own Will Lease o ix itant Manufacture HMAC .. ompactors Bor Com EquipmenE ro Place & compact HMAC Motor Graders cra ers Novihq on site mat Water Trucks ell Concrete Plan ffim What work will the o anization complete using its own resources? All Earthwork & Paving What work does the organization propose to subcontract on this project7 12 Contractor subcontractors and Vendors ' :3 .i 2 G d 0 d�9 ' 0 a s' a � m � a . �ro�z •gib S Er ca �• n r~ bFt 0 �. K U �z 0 m .. N rt EO —� El x rt0 °o ro; o m H + � w-� w .0 OD O ,rn w O m FL > Ln N G 1 N p W ••* O O O I p a TD �b 10.11 gigIjiL7~�Sy � n � w cD b (D X p r I.- w 0 N a rt N P. m w W �rt o m m K �• d 61 fD b rt uj m rt rt N 0 -t, 0 rt tR N. p Oda otitrt t1i O r`i.. 0 EL 5' 1v ro is F' a > b w a Ct.EL rn a z b °rs c •o �' R o p � RJ ° o(D P) Ct ( O C p b � G E N 2 CITY OF LUBBOCK INSURANCE REQUIREMENT AFFIDAVIT To Be Completed by Offeror and Agent 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. ur � 46,acto��-1 ignature) Contractor {Print) CONTRACTOR'S BUSINESS NAME: { On ge J A c- 4 PA V W ' (Print or Type) CONTRACTOR'S FIRM ADDRESS: 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. PROPOSAL 13-11134-DG - McAlister Park Cut and Fill Plan 1 111 ,- t Pate Intentionally Left Blank v I 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 r ; 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 jassessed, pending criminal complaints, indictments, or convictions, administrative orders, draft orders, final t 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 three (3) 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 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. Offeror's Initials I t.; QUESTION TWO U!, 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, ri suspension/revocations of state or federal licenses, or registrations, fines assessed, pending criminal complaints, indictments, or convictions, administrative orders, draft orders, final orders, and judicial final judgments. YES NO If the offeror has indicated YES for question number two above, the offeror must provide to City of Lubbock, with itsrl 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. QUESTION 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 91 If the offeror has indicated YES for question number three above, the offeror must provide to City of Lubbock, with its 0 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: ACKNOWLEDGEMENT THE STATE OF TEXAS COUNTY OF LUBBOCK I certify that I have made no willful misrepresentations in this Questionnaire nor have I withheld :nformation in my statements and answers to questions. I am aware that the information given -by me in this qu }tionnaire will be investigated, with my full permission, and that any misrepresentations o omissions may cause my prol +sal to be rejected. gna e V P Title E 9 D J 7kf UJA QW-Pur j, baitaq %cr md ovo) WORKERS COMPENSATION EXPERIENCE RATING M_ � , -1 -, I , ­11 ) r of k 5' Risk Ident No: 420736677 Effective Date: 05/30/2012 Risk State TEXAS i D- i EXPECTED EXP, PRIM. O ACT. INC. ACT. PRIM. i CODE ELR[RATIqPAYROLL LOSSES LOSSES CLAIM DATA IJ F LOSSES LOSSES �42 i ! TEXAS I I Carrier 1314J POLICY# � Z069837401 I EFF-DATE i 05/30/2008 EXP-DATE ! 05/30/2009 1463 ! 425 23 77,039 3,274 753 394120 5 F 3,158 3,158 5220 143 25 721,955 10,324 I 2.581 I NO. 2 16 1,881 1,881 1 5506 2121 20 330.918 7,015 1 1.403 5606 i 037 23 i 6,275 23 5 8227 i 082 I 24 162,531 1,333 320 8810 I 007I 24 42,219 30 7 l ) , i e POLICY -TOTAL ! 1,340,937 , (SUBJECT PREMIUM = 95,411) 5,039 i j Carrier i 13145� POLICY# Z069837402 I EFF-DATE i 05/30/2009 EXP-DATE i 05/30/2010 1463 425 23 78,694 t 3,344 i 769 403342 14 F I 7,639 5,000 5220 143 25 975,795 13,1154 ' 3,489 ! 411248 `4 F 11,153 5,000 i 5606 I 037 23 41,800 155 36 418233 4 F I 22,924 ( 5,000 8227 082 24 I' 210,821 1.729 415 405257 4 F 49.207 5,000 i 8810 007 ; 24 I 78,785 55 13 415901 5 F I 5,831 5,000 ! ) NO. 3 6 1,196 ( 1,19E ` I � l 1 414421 6 F 5,358 5,000 ' POLICY -TOTAL I 1,385,895 ! (SUBJECT PREMIUM = 80,053) I 103,308 ;'-arrier i 29939� POLICY# 0001212603 EFF-DATE 05/30/2010 f EXP-DATE : 05/30/2011 1463 425 23 I 72,820 3.095 i 712 M0633081 4 F 15,809 5,000 � 5220 143 ' 25 1.151,743 16,470 4,118 M0641741 6 F i 2,180 I 2,180 � 8227 082 � 24 180,908 1,4 356 'i 8234 185 24 ' 28,820 533 128 8742 011 23 44,919 49 11 8810 007 24 69.655 49 12 I �- POLICY -TOTAL 1,548,865 (SUBJECT PREMIUM = 89,674) 17,989 , 'CARRIER 13145 POLICY# ; Z07214,001 EFF-DATE 05/30/2012 EXP-DATE 0513012013 L I (ARAP) IF APPL.: 0.00 13145 - 000 (A) f (B) ! (C) Erpacled Excess (D) . ._ (E) - -_ - . (F) Actual Excess i (G) 015 47.787 62,915 I 15,128 82,921 11,963 126,336 43,415 ' Total by Poky Yaarot a4 cases 32.000 or kss (II)PRIMARY (12)STABILIZING (13)RATABLE .i s L,rrvtad Loss LOSSES VALUE EXCESS (14)TOTALS C Csl,strook toss _ C, 0,5e4*0 tors i . lD .. - (C) x t 1 iM • (G) i (A) x (F) -.. .. W) ,yz E EmPtoyan LnGkty Loss - ; V USL6M s ACTUAL 43,415 j 52,582 12,438 i 108,435 ps)ExP Moo ) Page 1 (E) .� (A) x (C); is (.1) t (K) (} Date 01/20/2012 ! EXPECTED 1 15,128 i 52,582 7 168 74.878 1.45 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). rl 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: Lne. srj r" D /`-f `t i 4y FEDERAL TAX ID or SOCIAL SECURITY kjo. '9D 0 C7 13 c0 I Signature of Company Clii) Printed name of company official signing above._ Date Signed: /— 30 / 3 _ H �a PROPOSED LIST OF SUB -CONTRACTORS E r`� 1__ Minority Owned Company Name Location Provided Yes No yServices MM 1• ,____C_iit,/'� /`CC+.s-�A/- 5- G(`asi�on !ir`,6� f ❑ 2. ❑ ❑ 3. ❑ ❑ 4 ❑5. ❑ ❑ ❑ 6. ❑ ❑ 7. ❑ ❑ $. ❑ ❑ 9. ❑ ❑ 10. ❑ ❑ il. ❑ ❑ 12. ❑ ❑ 13. ❑ ❑ 1r❑ 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: PRINT NAME OF ONTANY) PROPOSAL 13-11134-DG - McAlister Park Cut and Fill Plan 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 I m I I " FINAL LIST OF SUB -CONTRACTORS , �F i.3 r-, Minority Owned Company Name Location Services Provided Yes No �n 2. o ❑ 3. ❑ ❑ 4. ❑ ❑ _3 5. ° ❑ 6. ❑ ❑ 7. ❑ ❑ s. ❑ ❑ 9. ❑ ❑ 10. ❑ ❑ 11. ° ° . _ 12. ❑ ❑ Aft 13. ❑ ❑ 14. ❑ ❑ ]5. ❑ ❑ _. 16. ❑ ❑ SUBMITTED BY: (A4 (PRINT NAME OF COMPANY) J THIS FORM SHALL BE COMPLETED AND RETURNED NOT LATER THAN SEVEN BUSINESS DAYS AFTER TBE CLOSE DATE WHEN PROPOSALS ARE DUE IF NO SUB -CONTRACTORS WILL BE USED PLEASE INDICATE SO �j PROPOSAL 13-11134-DG McAlister Park Cut and Fill Plan t. Page Intentionally Left Blank Fig I I PAYMENT BOND PAGE INTENTIONALLY LEFT BLANK THE MAIN STREET AMERICA GROUP NGM Insurance Company • Old Dominion Insurance Company Main Street America Assurance Company • MSA Insurance Company Information Systems and Services Corporation Bid Bond KNOW ALL MEN BY THESE PRESENTS, that we (Here insert full name and address or legal title of Contractor) Lone Star Dirt & Paving, Ltd. 11820 University Avenue Lubbock, TX 79423 as Principal, hereinafter called the Principal, and (Here insert full name and address or legal title of Surety) NGM Insurance Company 55 West Street Keene, NH 03431 a corporation duly organized under the laws of the State of Florida as Surety, hereinafter called the Surety, are held and firmly bound unto (Here insert full name and address or legal title of Owner) City of Lubbock 162513 thStreet Lubbock, TX 79401 Lias Obligee, hereinafter called the Obligee, in the sum of 5% of Amount Bid Dollars ($5% of Amount Bid), for the payment of which sum well and truly to be made, the said Principal and the said Surety, bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has submitted a bid for (Here insert full name, address and description of project) i) McAlister Park Cut & Fill Plan ,NOW, THEREFORE, if the Obligee shall accept the bid of the Principal and the Principal shall enter into a Contract with ,the Obligee in accordance with the terms of such bid, and give such bond or bonds as may be specified in the bidding or Contract Documents with good and sufficient surety for the faithful performance of such Contract and for the prompt payment of labor and material furnished in the prosecution thereof, or in the event of the failure of the Principal to enter such Contract and give such bond or bonds, if the Principal shall pay to the Obligee the difference not to exceed the penalty hereof between the amount specified in said bid and such larger amount for which the may Obligee in good faith 9 Y contract with another party to perform the Work covered by said bid, then this obligation shall be null and void, otherwise to remain in full force and effect. Signed and sealed this 30th day of January, 2013 Lone Star DirtPaving, Ltd (Principal) (Seal) (Witness) (Titre) V NG ns ranee Cqn1bany (Su ety) (Seal) (Witness) Da n e R. Taylor it Attorney-in-fact Printed in cooperation with the American Institute of Architects (AIA) by the NGM Insuiance Company of t ' 4601 Touchton Road East, Suite 3400, Jacksonville, FL 32256 904-739-0873. The language in this document conforms exactly to the language used in AIR Document A310, February, 1970 edition. I _ 68-5302(05/2006) NGM INSURANCE COMPANY POWER OF ATTORNEY A member of The Mak1 Street America Group KNOW ALL MEN BY THESE PRESENTS: That NGM Insurance Company, a Florida corporation having its principal office in the City of Jacksonville, State of Florida, pursuant to Article IV, Section 2 of the By -Laws of said Company, to wit: c .'Article 1V, Section 2. The board of directors, the president, any vice president, secretary, or the treasurer shall have the power and authority to appoint attorneys -in -fact and to authorize them to execute on behalf of the company and affix the seal of the company thereto, bonds, recognizances, contracts of indemnity or writings obligatory in the nature of a bond, recognizance or conditional undertaking and to remove any such attorneys -in -fact at any time and revoke the power and authority given to them. " does hereby make, constitute and appoint C. Brent Aycock, Jeffrey Fowler, J. Kirk Killough, Dawn R. Taylor --- its true and lawful Attorneys -in -fact, to make, execute, seal and deliver for and on its behalf, and as its act and deed, bonds, undertakings, recognizances, contracts of indemnity, or other writings obligatory in nature of a bond subject to the following limitation: 1. No one bond to exceed Five Million Dollars ($5,000,000.00) and to bind NGM Insurance Company thereby as fully and to the same extent as if such instruments were signed by the duly authorized officers of the NGM Insurance Company; the acts of said Attorney are hereby ratified and confirmed. This power of attorney is signed and sealed by facsimile under and by the authority of the following resolution adopted by the Directors of NGM Insurance Company at a meeting duly called and held on the 2nd day of December 1977. Voted: That the signature of any officer authorized by the By -Laws and the company seal may be affixed by facsimile to any power of attorney or special power of attorney or certification of either given for the execution of any bond, undertaking, recognizance or other written obligation in the nature thereof; such signature and seal, when so used being herebyadopted by the company as the original signature of such office and the original seal of the company, to be valid and binding upon the company with the same force and effect as though manually affixed. IN WITNESS- WHEREOF, NGM Insurance Company has caused these presents tb be signed by its Assistant Vice lj 1 1� is l.i President, General.Counsel and Secretary and its corporate seal to be hereto affixed this 1 Ith day of March, 2011. yg'+ - ,WMUnxW4ry - `� NGM INSURANCE COMPANY By: 1823 Bruce R Fox Assistant Vice President, General�,n nela Counsel and Secretary State of Florida, County of Duval. On this March 1 Ith, 2011 before the subscriber a Notary Public of State of Florida in and for the County of Duval duly commissioned and qualified, came Bruce R Fox of the NGM Insurance Company, to me personally known to be the officer described herein, and who - executed the preceding instrument, and he acknowledged the execution of same, and being by me fully sworn, deposed and said that he is an officer of said Company, aforesaid: that the seal affixed to the preceding instrument is the corporate seal of said Company, and the said corporate seal and her signature as officer were duly affixed and subscribed to the said instrument by the autliorityand direction of the said Company; that Article IV, Section 2 of the By -Laws of said Company is now in force. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal at Jacksonville, Florida this I lth day of March, 2011. STAVE F VOT FLOR � f10TARYPUBUC p}, r STAIEPFFIORIDA V F E13 E)Vk" 115 t� Emket 0.+3(1015 I, Brian J Beggs, Vice President of the NGM Insurance Company, do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney *ecuted by said Company which is still in full force and effect. IN W I NS=S:i/1lH RE F, I have hereun set my hand and affixed the seal of said Company at Jacksonville, Florida this (� �a ,3 W ING: Any unauthorized reproduction or alteration of this document is prohibited_ l TO CONFIRM VALIDITY of the attached bond please call 1-800-225-5646. s f TO SUBMIT A CLAIM: Send all correspondence to 55 West Street, Keene, NH 03431 Attn: Bond Claims. l z.°� CONTRACTORS STATEMENT OF QUALIFICATIONS zv� 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? x (2) Does the organization have a written quality philosophy and/or principles that exemplifies their ti 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. CONFTO CONTRACT DOCUMENTS: (1) Roes 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. a The qualifications of a firm shall not deprive the OWNER •f the right to accept a bid, which in its judgement is the lowest and best bid, to reject any and all bids, to waive irre .ularities in the bids, or to reject nonconforming, non- responsive, or conditional bids. In addition, the OWNER � serves the right to reject any bid where circumstances and developments have in the opinion of the OWNER chatfged 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: Page Intentionally Left Blank BOND #S-275213 STATUTORY PAYMENT BOND PURSUANT TO SECTION 2253.021(a) OF THE TEXAS GOVERINLNIENT CODE (CONTRACTS MORE THAN $50,000) KNOW ALL MEN BY THESE PRESENTS, that Lone Star Dirt &Paving, Ltd as Principal(s), and NGM Insurance Company (hereinafter called the Principal(s), (hereinafter called the Surety(s), as Surety(s), are held and firmly bound unto the City of Lubbock (hereinafter called the Obligee), in the amount of Two Million Two Hundred Seventy Five Thousand Nine Hundred and Ninety Dollars Dollars ($_2,275,990) 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 severalty, firmly by these presents. WHEREAS, the Principal has entered into a certain written contract with the Obligee, dated the 28th day of _February, 2013, to die Star Dirt and Paving Ltd RFp 13-11134 DG McAli. n Park Cut and Fill_ 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 frilly 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 length herein. IN WITNESS WHEREOF, the said Principal (s) and Surety (s) have signed and sealed this instrument this 2&b day of February 2013. NGM Insurance Company Surety *By' keyl;n (Titlea; )Dawn R. Taylor, ttoact 4 Lone Star Dirt & Paving, Ltd (Company Name) By: (Printed N ) (Si v, P, (Title) No Text f The undersigned surety company represents that it is duly qualified to do business in Texas, and hereby designates J. Kirk Killouph an agent resident in Lubbock County to whom any requisite notices may be delivered and on whom service of process may be had in matters arising out of such suretyship. NGM Insurance Company I Surety j *g I y' �T't Dawn R. Taylor, Attorney In Fact Approved as to Form City o oc ray City Attorney * Note: If signed by an officer of the Surety Company, there must be on file a certified extract from the by-laws showing that this person has authority to sign such obligation. If signed by an Attorney in Fact, we must have copy of power of attorney for our files. 2 No Text No Text No Text IMPORTANT NOTICE To obtain information or make a complaint: You may contact your surety underwriter at 1-904-380-7482 You may also write to Main Street America Group at: 4601 Touchton Road East Suite 330 Jacksonville, Fl 32245-6100 Attn: Bond Underwriting _. You may contact the Texas Department of Insurance to obtain information on companies, coverages, rights or complaints at: 1-800-252-3439 You may write the Texas Department of Insurance: P.O. Box 149104 Austin, TX 78714-9104 Fax: (512) 475-1771 E-mail: ConsumerProtection(i4tdi.state. tx.us PREMIUM OR CLAIM DISPUTES Should you have a dispute concerning your premium or about a claim you should contact the agent or the company first. If the dispute is not resolved, you may contact the Texas Department of Insurance. This notice is for information only and does not become a part or condition of the attached document. AVISO IMPORTANTE Para obtener informacion o para someter una queja: Puede comunicarse con su surety underwriter at 1-904-380-7482 Usted tambien puede escribir a Main Street America Group at: 4601 Touchton Road East Suite 330 Jacksonville, Fl 32245-6100 Attn: Bond Underwriting Puede comunicarse con el Departamento de Seguros de Texas para obtener informacion acerca de companies, coberturas, derechos o quejas at: 1-800-252-3439 Puede escribir al Departamento de Seguros de Texas: P.O. Box 149104 Austin, TX 78714-9104 Fax: (512) 475-1771 E-mail: ConsumerProtection(d)tdi.state.tx.us DISPUTES SOBRE PRIMAS O RECLAMOS: Si tiene una disputa concemiente a su prima o a un reclamo, debe comunicarse con el agente o la compania primero. Si no se resuelve la disputa, puede entonces comunicarse con el departamento (TDI) Este aviso es solo para poposito de informacion y no se convierte en parte o condicion del documento adiui nto. 68-TX-0056-03 No Text STATUTORY PAYMENT BOND PURSUANT TO SECTION 2253.021(a) OF THE TEXAS GOVERNMENT CODE t ' (CONTRACTS MORE THAN $50,000) KNOW ALL MEN BY THESE PRESENTS, that as Principal(s), and (hereinafter called the Principal(s), (hereinafter called the Surety(s), as Surety(s), are held and firmly bound unto the City of Lubbock (hereinafter called the Obligee), in the amount of Dollars ($ ) lawful money of the United States for the payment whereof, the said Principal and Surety bind themselves, and their heirs, administrators, executors, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has entered into a certain written contract with the Obligee, dated the day of , 2013, to 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 length herein. IN WITNESS WHEREOF, the said Principal (s) and Surety (s) have signed and sealed this instrument this _ day of 2013. Surety (Company Name) *By: By: (Title) (Printed Name) (Signature) (Title) The undersigned surety company represents that it is duly qualified to do business in Texas, and hereby designates an agent resident in Lubbock County to whom any requisite notices may be delivered and on whom service of process may be had in matters arising out of such suretyship. Oil Surety * By: (Title) Approved as to form: City of Lubbock By: City Attorney * Note: If signed by an officer of the Surety Company there must be on file a certified extract from the by-laws showing that this person has authority to sign such obligation. If signed by an Attorney in Fact, we must have copy of power of attorney for our files. I PERFORMANCE BOND Page Intentionally Left Blank BOND # S-275213 STATUTORY PERFORMANCE BOND PURSUANT TO SECTION 2253.021(a) OF THE TEXAS GOVERNMENT CODE (CONTRACTS MORE THAN $100,000) Lone Star Dirt & Paving, Ltd KNOW ALL LIEN BY THESE PRESENTS, that (hereinafter called the Principal(s), as )� f PrinciP al s and I NGM Insurance Company (hereinafter called the Surety(s), as Surety(s), are held and firmly bound unto the City of Lubbock (hereinafter called the Obligee), in the amount of Two Million Two Hundred Seventy Five Thousand Nine Hundred and Ninety Dollars ($ 2,275,990) 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, firnily by these presents. WHEREAS, the Principal has entered into a certain written contract with the Obligee, dated the 28''' day of February_, 2013, to Lone Star Dirt and Paving, Ltd RFP 13-11134-DG McAlister Cut and Fill Plan and said principal under the law is required before commencing the work provided for in said contract to execute a bond in the amount of said contract which contract is hereby referred to and made a part hereof as fully and to the same extent as if copied at length herein. NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the said Principal shall faithfully perform the work in accordance with the plans, specifications and contract documents, then this obligation shall be void; otherwise to remain in full force and effect. PROVIDED, HOWEVER, that this bond is executed pursuant to the provisions of Section 2253.021(a) of the Texas Government Code, and all liabilities on this bond shall be determined in accordance with the provisions of said article to the same extent as if it were copied at length herein. IN WITNESS WHEREOF, the said Principal (s) and Surety (s) have signed and sealed this instrument this 28th day of February 2013. NGM Insurance Company Surety By. WAft (T' ) Davin R.TaIn Fact Lone Star Dirt & Paving, Ltd (Company Name) By: 56 v� 1 c. r` n * . ;(Printe4de) (Title) No Text The undersigned surety company represents that it is duly qualified to do business in Texas, and hereby designates J. Kirk Killouoh an agent resident in Lubbock County to whom any requisite notices may be delivered and on whom service of process may be had in matters arising out of such suretyship. 1 Approved as to Form City o u k By: Z'e'� NGM Insurance Company Surety *By. O? 1 (Titl Dawn R. Taylor, tt=65 In Fact 1 City Attorney * Note: If signed by an officer of the Surety Company, there must be on file a certified extract from the by-laws showing that this person has authority to sign such obligation. If signed by an Attorney in Fact, we must have copy of power of attorney for our files. 7 No Text STATUTORY PERFORMANCE BOND PURSUANT TO SECTION 2253.021(a) OF THE TEXAS GOVERNMENT CODE (CONTRACTS MORE THAN $100,000) KNOW ALL MEN BY THESE PRESENTS, that (hereinafter called the Principal(s), as Principal(s), and (hereinafter called the Surety(s), as Surety(s), are held and firmly bound unto the City of Lubbock (hereinafter called the Obligee), in the amount of Dollars ($ ) lawful money of the United States for the payment whereof, the said Principal and Surety bind themselves, and their heirs, administrators, executors, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has entered into a certain written contract with the Obligee, dated the _ day of , 2013, to and said principal under the law is required before commencing the work provided for in said contract to execute a bond in the amount of said contract which contract is hereby referred to and made a part hereof as fully and to the same extent as if copied at length herein. NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the said Principal shall faithfully perform the work in accordance with the plans, specifications and contract documents, then this obligation shall be void; otherwise to remain in full force and effect. PROVIDED, HOWEVER, that this bond is executed pursuant to the provisions of Section 2253.021(a) of the Texas Government Code, and all liabilities on this bond shall be determined in accordance with the provisions of said article to the same extent as if it were copied at length herein. IN WITNESS WHEREOF, the said Principal (s) and Surety (s) have signed and sealed this instrument this _ day of , 2013. Surety * By: (Title) (Company Name) By: (Printed Name) (Signature) (Title) The undersigned surety company represents that it is duly qualified to do business in Texas, and hereby designates an agent resident in Lubbock County to whom any requisite notices may be delivered and on whom service of process may be had in matters arising out of such suretyship. Surety *By. (Title) Approved as to Form City of Lubbock By: City Attorney * Note: If signed by an officer of the Surety Company, there must be on file a certified extract from the by-laws showing that this person has authority to sign such obligation. If signed by an Attorney in Fact, we must have copy of power of attorney for our files. 2 CERTIFICATE OF INSURANCE Page Intentionally Left Blank CERTIFICATE OF INSURANCE TO: CITY OF LUBBOCK DATE: P.O. BOX 2000, Room 204 LUBBOCK, TX 79457 TYPE OF PROJECT: THIS IS TO CERTIFY THAT (Name and Address of Insured) is, at the date of this certificate, insured by this Company with respect to the business operations hereinafter described, for the typed of insurance and in accordance with the provisions of the standard policies used by this company, the further 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) $ Mod 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' LIABILITY The Proprietor/ ❑ Included Statutory Limits Partners/Executive ❑ Excluded Each Accident $ Officers are: Disease Policy Limit $ Disease -Each Employee $ OTHER The above policies either in the body thereof or by appropriate endorsement provide that they may not be changed or canceled by the insurer in less than the legal time required after the insured has received written notice of such change or cancellation, or in case there is no legal requirement, in less than five days in advance of cancellation. FIVE COPIES OF THE CERTIFICATE OF INSURANCE (Name of Insurer) MUST BE SENT TO THE CITY OF LUBBOCK By: Title: The Insurance Certificates Furnished shall name the City of Lubbock as Additional Insured on Auto General Liability and provide a Waiver of Subrogation in favor of the City of Lubbock. IT SHALL BE THE CONTRACTOR'S. THE ADDITIONAL INSURER 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; t/ (3) provide the governmentat 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; U (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 pi (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; y (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, OR IN THE ALTERNATIVE, SHALL BE ACCOMPANIED BY A STATEMENT FROM THE CONTRACTOR TO THE EFFECT THAT NO WORK ON THIS PARITCULA.R PROJECT SHALL BE SUBCONTRACTED. IT SHALL BE THE CONTRACTOR'S RESPONSIBLITY TO PROVIDE OT THE OWNER ALL PROOF OF COVERAGE INSURANCE DOCUMENTS INCLUDING WORKER'S COMPENSATION COVERAGE FOR EACH SUBCONTRACTOR. COPIES OF THE ENDORSEMENTS ARE REQUIRED. LA 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 CONTRACT Patie Intentionally Left Blank r� CONTRACT 11134 STATE OF TEXAS COUNTY OF LUBBOCK THIS AGREEMENT, made and entered into this 281h day of February, 2013by and between the. City of Lubbock, County of Lubbock, State of Texas, acting by and through the Mayor, City of Lubbock, thereunto authorized to do so, hereinafter referred to as OWNER, and Lone Star Dirt and Paving, Ltd of the City of Lubbock, County of Lubbock and the State of Texas hereinafter termed CONTRACTOR. �f 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: PROPOSAL 13-11134-DG -McAlister Park Cut and Fill Plan 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. Lone Star Dirt and Paving, Ltd's proposal dated January 30, 2013is 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 fiords for the performance of the contract in accordance with the proposal submitted therefore, subject to additions and deductions, as provided in the contract documents and to _ make payment on account thereof as provided therein. IN WITNESS WHEREOF, the parties to these presents have executed this agreement in Lubbock, Lubbock County, Texas in the year and day first above written. CONTRACTOR: Lone - By: PRINTED �. i�—�u� TITLE: COMPLETE ADDRESS: w Company Lane- 5�Ar D l r'i 4 PA 6� L44 Address ItHao U City, State, Zip L.Upk "lx 7?y;L3 ATTEST: Corporate Secretary CI1 ATTEST: CifST SA pre Ttaiy APPROVED AS TO C NTENT: Michael Keenum Sto n Water Engineer R. Keith Smith, P.E. Chiet Operations Officer zr ED S TO FORM: City Attorney Il Patze Intentionally Left Blank GENERAL CONDITIONS OF THE AGREEMENT e_, I Page Intentionally Left Blank I I GENERAL CONDITIONS OF THE AGREEMENT Whenever the word Owner, or First Party, are used in this contract, it shall be understood as referring to the City of Lubbock, Texas. 2. CONTRACTOR Whenever the word Owner's Representative or representative is used in this contract, it shall be understood as referring to, City of Lubbock, or its representative Michael Keenum, Strom Water Engineer so designated who will inspect constructions; or to such other representatives, supervisors, architects, engineers, or inspectors as may be authorized by said Owner to act in any particular under this agreement. Engineers, supervisors or inspectors will act for the Owner under the direction of Owner's Representative, but shall not directly supervise the Contractor or persons acting on behalf of the Contractor. 3. OWNER'S REPRESENTATIVE Whenever the word Owner's Representative or representative is used in this contract, it shall be understood as referring to, City of Lubbock, or the designated who will inspect constructions; or to such other representatives, supervisors, architects, engineers, or Resident Project Representatives as may be authorized by said Owner to act in any particular way under this agreement. Engineers, supervisors or Resident Project Representatives 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". 5. INTERPRETATION OF PHRASES Whenever the words "Directed," "Permitted," "Designated," "Required," "Considered Necessary," "Prescribed," or words of like import are used, it shall be understood that the direction, requirement, permission, order, designation or prescription of the Owner's Representative is intended; and similarly, the words "Approved," "Acceptable," "Satisfactory," or words of like import shall mean approved by or acceptable or satisfactory to the Owner's Representative. 6. SUBCONTRACTOR The term Subcontractor, as employed herein, includes only those having a direct contract with the Contractor for performance of work on the project contemplated by these contract documents. Owner shall have no responsibility to any Subcontractor employed by Contractor for performance of work on the project contemplated by these contract documents, but said Subcontractors will look exclusively to Contractor for any payments due Subcontractor. The City reserves the right to'approve or disapprove the selection of any subcontractor(s). 7. WRITTEN NOTICE Written notice shall be deemed to have been duly served if delivered in person to the individual or to a member of the firm or to an officer of the corporation for whom it is intended, or if delivered at or sent certified mail to the last business address known to the party who gives the notice. 8. CONTRACTOR'S RESPONSIBILITIES r Z 10 11. 12 13. 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. The pipeline must be backfilled, tested, final grading and seeding performed for substantial completion. LAYOUT Except as specifically provided herein, the Contractor shall be responsible for laying out all work and shall accomplish this work in a manner acceptable to the Owner's Representative. The Owner's Representative will check the Contractor's layout of all major structures and any other layout work done by the Contractor at Contractor's request, but this check does not relieve the Contractor of the responsibility of correctly locating all work in accordance with the Plans and Specifications. KEEPING OF PLANS AND SPECIFICATIONS ACCESSIBLE The Contractor shall be furnished 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. RIGHT OF ENTRY The Owner's Representative may make periodic visits to the site to observe the progress or quality of the executed work and to determine, in general, if the work is proceeding in accordance with the contract documents. Owner's Representative will not be required to make exhaustive or continuous onsite inspections to check the quality or quantity of the work, nor will Owner's Representative be responsible for the construction means, methods, techniques, sequences or procedures, or the safety precautions incident thereto. Notwithstanding the Owner's Representative's rights of entry hereunder, the Owner's Representative will not be responsible for the Contractor's failure to perform the work in accordance with the Contract Documents. LINES AND GRADES 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 r 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 man or men on the work, are, in Owner's Representative's sole opinion, incompetent, unfaithful, disorderly, or otherwise unacceptable to Owner or Owner's Representative, such man or men shall be discharged from the work and shall not again be employed on the work without the Owner's Representative's written consent. 19. CONSTRUCTION PLANT The Contractor shall provide all labor, tools, equipment, machinery and materials necessary in the prosecution and completion of this contract where it is not otherwise specifically provided that Owner shall furnish same, and it is also understood that Owner shall not be held responsible for the care, preservation, conservation, or protection of any materials, tools, equipment or machinery or any part of the work until it is finally completed and accepted. The building of structures for the housing of men or equipment will be permitted only at such places as the Owner's Representative shall consent or direct, and the sanitary conditions of the grounds in or about such structure shall at all tunes 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. 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 j Owner, Owner's Representative, or other persons authorized under the contract documents to make such 1, 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 snake 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 deemed to include the cost of all workmen, such as foremen, timekeepers, mechanics and laborers, materials, supplies, teams, trucks, rentals on machinery and equipment, for the time actually employed or used on such extra work, plus actual transportation charges necessarily incurred, together with all expenses incurred directly on account of such extra work, including Social Security, Old Age -3 Benefits, Maintenance Bonds, Public Liability and Property Damage and Workers' Compensation and all other 1 25. Rol 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. 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 seven (7) calendar days prior to the opening of proposals. In the absence of a 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. 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 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 l--` 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 CERFICATE OF INSURANCE ALONG WITH A COPY OF THE ADDITIONAL INSURED ENDORSEMENT. THE INSURANCE CERTIFICATES FURNISHED SHALL NAME THE CITY OF LUBBOCK AS A ADDITIONAL INSURED ON AUTO/GENERAL LIABILITY ON A PRIMARY AND NON CONTRIBUTORY BASIS TO INCLUDE PRODUCT-COMP/OP AND PROVIDE A WAIVER OF SUBROGATION IN FAVOR OF THE CITY OF LUBBOCK AS REQUIRED BELOW, OR IN THE ALTERNATIVE, SHALL BE ACCOMPANIED BY A STATEMENT FROM THE CONTRACTOR TO THE EFFECT THAT NO WORK ON THIS PARTICULAR PROJECT SHALL BE SUBCONTRACTED. IT SHALL BE THE CONTRACTOR'S RESPONSIBILITY TO PROVIDE TO THE OWNER ALL PROOF OF COVERAGE INSURANCE DOCUMENTS INCLUDING WORKER'S COMPENSATION COVERAGE FOR EACH SUBCONTRACTOR. THE ADDITIONAL INSURED ENDORSEMENT SHALL INCLUDE PRODUCTS AND COMPLETE OPERATIONS. 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 per occurrence to include: Products & Completed Operations Hazard Contractual Liability Personal Injury & Advertising Injury B. Owner's and Contractor's Protective Liability Insurance. (DELETED) 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, 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. (DELETED) E. Umbrella Liability Insurance (Primary Additional Insured and Waiver of Subrogation required) (DELETED) F. Worker's Compensation and Employers Liability Insurance (Waiver of Subrogation required) Worker's Compensation Insurance covering all employees whether employed by the Contractor or any Subcontractor on the job with Employers Liability of at least $500,000 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 foodibeverage 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. A� EP CERTIFICATE OF LIABILITY INSURANCE ATE D03/07,°°" 3 03/07/2013 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 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 1-432-570-3456 Arthur J. Gallagher Risk Management Services, Inc. CONTACT Becky Chatfield NAME:PHONE FAX 432-570-3456 A/C No: 432-570-3450 110 N. Marienfeld Suite 330 E-MAIL g beck ehatfield@a' com ADDRESS: Y 7 Midland, TX 79701 INSURERS AFFORDING COVERAGE NAIC# INSURER A: MOUNTAIN STATES MDT CAS CO 14648 Scott Riddle INSURED INSURERB: ZENITH INS CO 13269 Lone Star Dirt & Paving, Ltd. INSURER C INSURERD: 11820 University Avenue INSURERE: Lubbock, TX 79423-7412 INSURER F : CnVFRAGFR CFRTIFICATF NIIMFIFR- 32402580 RFVI-glnN NIIMRFR- 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 SUBR POLICY NUMBER POLICY EFF MM/DD/YYYY POLICY EXP MM/DD/YYYY LIMITS A GENERAL LIABILITY CPP0124761 04 05/30/1 05/30/13 EACHOCCURRENCE $ 1,000,000 X COMMERCIAL GENERAL LIABILITY CLAIMS -MADE a OCCUR DAMAGE TO RENTED PREMISES Ea occurrence $ 100,000 MED EXP (Any one person) $ 10,000 X AI - UND618 (03/11) PERSONAL & ADV INJURY $ 1,000,000 X WOS - UND618 (03/11) GENERAL AGGREGATE $ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS- COMP/OP AGG $ 2,000,000 POLICY PRO- X LOC $ A AUTOMOBILE LIABILITY BAP0124761 03 05 30 1 U5 30 13 COMBINED SINGLE LIMIT Ea accident 1,000,000 BODILY INJURY (Per person) $ ANY AUTO XP ALL OWNED SCHEDULED AUTOS AUTOS BODILY INJURY (Per accident) $ PROPERT1Y DAMAGE er accident $ NON -OWNED HIRED AUTOS AUTOS AI-UND615(09/10) $ WOS-UND615(09/ A X UMBRELLA LIAB X OCCUR UMB0124761 04 05/30/1 05/30/13 EACH OCCURRENCE $ 11000,000 AGGREGATE $ 11000,000 EXCESS LIAB CLAIMS -MADE DED I I RETENTION$ $ B WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y / N PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? Y❑ NIA Z072147001 05/30/1 05/30/13 X WCSTATU- OTH- DRYANY E.L. EACH ACCIDENT $ 1,000,000 E.L. DISEASE- EA EMPLOYE $ 1,000,000 (Mandatory In NH) if yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $ 1,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS / VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space is required) ***SEE ATTACHED SUPPLEMENTAL PAGE FOR ADDITIONAL WORDING INCLUDING THE CANCELLATION CLAUSE.*** Re: McAlister Park Cut and Fill Plan, Project #92210.9243.30000, Contract #11134 CFRTIFICATF HAI_r1FR CANCFI I ATIAN 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. Attn: David Gamboa, Buyer 1625 13th Street, Room 204 AUTHORIZED REPRESENTATIVE Lubbock, TX 79401 n n x.. X USA ' W'1 /.il ©1988-2010 ACORD CORPORATION. All rights reserved. ACORD 25 (2010105) The ACORD name and logo are registered marks of ACORD bchatfield 32402580 ACOR" L_—�- AGENCY CUSTOMER ID: LOC #: ADDITIONAL REMARKS SCHEDULE Page of AGENCY Arthur J. Gallagher Risk Management Services, Inc. NAMEDINSURED. Lone Star Dirt & Paving, Ltd. 11820 University Avenue POLICY NUMBER Lubbock, TX 79423-7412 CARRIER NAIC CODE EFFECTIVE DATE: ITHIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, I FORM NUMBER: FORM TITLE: Certificate Holder is an Additional Insured as respects to the General Liability & Automobile policies, pursuant to the policy terms, definitions, conditions and exclusions. Waiver of Subrogation applies to certificate holder, as respects to the Workers' Compensation, General Liability & Automobile policies, pursuant to the policy terms, definitions, conditions and exclusions. The insurance provided in the General Liability policy is primary and any other insurance shall be excess only, and not contributing. The Additional Insured endorsement includes coverage for Products/Completed Operations. The Workers? Compensation, General Liability and Business Automobile policies include an endorsement providing that 30 days notice of cancellation or coverage change will be furnished to the certificate holder. Heavy Equipment Endorsement is included. ACORD 101 (2008101) © 2008 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD i rr-.e�e�,�i WORKERS COMPENSA rION ANO EMPLOYERS LIABIUrY INSURANCE POUCY WC-42-03-04A TEXAS WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT This endorsement applies only to the insurance provided by the Information Page. the policy because Texas is shown in Item 3.A. of We have the right to recover our payments from anyone liable for an injury covered by this policy. We will nut enforce our right against the person or organization named in the Schedule, but this waiver applies only with respect ro bodily injury arising out of the operations describexl in the Schedule where you are ties only 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 L ( ) Specific Waiver Name of person or organization ( x ) Blanket Waiver Any person ororganization for whom the Named Insured has agreed by written contract to furnish this waiver. 2. Operations: ALL OPERATIONS 3. Premium: The premium charge for this endorsement shall be 2.00 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: $1,751 �..-0-111-1i changes the policy to which it is attached and Is elective on the date issued unless otherwise stated. (me information below is required only -Ahen this endorsement is issued subsequent to preparadon of the policy) Endorsement Effective 05/30/12 Policy No. Z072147001 ZENITH INSURANCE COMPANY - 13145 Insured LONE STAR DIRT & PAVING, LTD Policy Period 05/30/12 to 05/30/13 Issued on 05/31/12 pc Countersigned by (Ed. i -oo) At Austin, TX Endorsement No. 3 PRODUCER COPY flamed Insured: LONE STAR DIRT z PAVING LTD UND 611 05 10 Policy Number: QAP 0124701 03 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EARLIER NOTICE OF CANCELLATION PROVIDED BY US This endorsement modifies insurance provided under the following: BUSINESS .AUTO COVERAGE FORM GARAGE COVERAGE FORM SCHEDULE Number of Days' Notice 30 (If no entry'appears above, information required to complete this Schedule will be shown in the Declarations as applicable to this endorsement.) For any statutorily permitted reason other than nonpayment of premium, the number of days required for notice of cancellation, as provided in Paragraph 2. of either the Cancellation Common Policy Condition or as amended by an applicable state cancellation endorsement, is increased to the number of days shown in the Schedule above UND 611 06 10 includes copyrighted material of ISO Properties, Inc., with its permission Page 1 of 1 UND 615 09 10 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BUSINESS AUTO COVERAGE PLUS ENDORSEMENT This endorsement modifies insurance provided under the following; BUSINESS AUTO COVERAGE FORM SUMMARY OF COVERAGE EXTENSIONS Extension 1. Supplementary Payments - Increased Limits Limit Bail bonds Loss of Earnings $3,000 2. Limited Fellow Employee Coverage $1,500 3. Revisions to "Who la An Insured" Included Additional Insured by Contract Employees as Insureds Included Employee Hired Auto Included 4. Expanded "Expected or Intended Injury" Definition Included 5. Physical Damage Deductible Revisions Included Glass Deductible Waiver Collision Deductible Waiver Included Single Deductible Provision Included 6. Phyelcal Damage Coverage Extensions Included Electronic Equipment Coverage Extension limited$2,600 Loan/Lease Gap Coverage Locksmith Services $2,00 Business Personal Property $100 Replacement Cost on New Vehicles $500 Expense of Returning Stolen Auto Included 7. Hired Auto Physical Damage Coverage Included Loss of Use $350 per day, $2.800 maximum $60,000 B. Airbag Coverage Extension 9. Knowledge of Accident, Claim, Suit or Loss Included 10 Waiver of Subrogation by Contract or Agreement Included 11 Newly Formed or Acquired Organizations Included 12. Towing and Labor Coverage Extension Included 13. Limited Rental Reimbursement Coverage $100 Private Passenger and Light Trucks $3,600 Max. All Other "Auto*" $60/day 14. Revisions to Definitions $100/day 'Insured Contract" Amended "Auto" Amended "Executive Officer" Added Included Included Included UNO 615 09 10 Includes copyrighted material of Insurance Services Office, Inc., with its permission Page 1 of 7 UND 615 09 10 1. SUPPLEMENTARY PAYMENTS - INCREASED LIMITS SECTION 11 - LIABILITY COVERAGE, A.2.a. is amended as follows: 1) The limit shown in A.2.a.(2) for the costs of bail bonds Is Increased to $3,000. 2) -rho limit shown in A.2.a.(4) for all reasonable expenses incurred at our request, including actual loss of earning because of time off work, is increased to $1,50O. 2. LIMITED FELLOW EMPLOYEE COVERAGE SECTION II - LIABILITY COVERAGE, B. S. - Fellow Employees Exclusion does not apply if you have in -force Worker's Compensation insurance covering all of your "employees". Coverage is excess over any other collectible insurance. 3. REVISIONS TO "WHO IS AN INSURED" SECTION 11 - LIABILITY COVERAGE, A. 1. - Who Is An Insured is amended as follows: ADDITIONAL INSURED BY CONTRACT: d. Any person or organization for covered "autos" (other than the owner or anyone also from whom you hire or borrow a covered "auto") is an additional insured when you and such person or organization have agreed in writing in a contract or agreement that such person or organization be added as an additional insured on your policy. The Insurance provided to such additional insured is subject to the following additional provisions: I. Such person or organization is an additional insured only with respect to their vicarious legal liability for "bodily injury" or "property damage" specifically caused, in whole or in part, by the operation or use of a covered "auto" by a person for whom Liability Coverage is provided under this policy or coverage part, and then only to the extent of that liability. il. Such person or organization is not an additional insured for any covered "auto" owned by, hired from, or borrowed from such person or organization. Ill. Such written contract or agreement must be executed prior to, and be In effect at the time of the covered "bodily injury" or "property damage". EMPLOYEES AS INSUREDS is added: e. Any "employee" of the Named Insured is an "insured" for Liability coverage while using his or her own "auto" in the business of the Named Insured. EMPLOYEE HIRED AUTO is added: f. An "employee" of yours while operating an "auto" hired or rented under an "auto" contract or agreement in that "employee's" name, with your permission, while performing duties related to the conduct or your business. 4. EXPANDED "EXPECTED OR INTENDED INJURY" DEFINITION SECTION 11 - LIABILITY COVERAGE, B.1. Expected or Intended Injury Exclusion is deleted and replaced with the following: 1. Expected or Intended Injury "Bodily injury" or "property damage" expected or intended from the standpoint of the insured. This exclusion does not apply to "bodily injury" or "property damage" resulting from the use of reasonable force for the purpose of protecting persons or property. 6. PHYSICAL DAMAGE DEDUCTIBLE REVISIONS SECTION III - PHYSICAL DAMAGE COVERAGE D. • Deductibles: the following Is added: 1. Under Comprehensive coverage, no deductible applies for glass damage if the glass is repaired rather than replaced. 2. When a covered "auto" insured for Collision under this policy collides with another "auto" we insure, the Collision deductible applicable to the covered "auto" or "autos" under this policy shall not apply. 3. When a Named Insured has more than one "auto" Involved In a Collision or Comprehensive loss with an "auto" not covered by us, the single highest deductible will apply to our insured's loss. UND 615 09 10 Includes copyrighted material of Insurance Services Office, Inc., with its permission Page 2 of 7 UND 615 09 1() 6. PHYSICAL DAMAGE COVERAGE EXTENSIONS SECTION III - PHYSICAL DAMAGE COVERAGE, A.4. - Coverage Extensions: the following extensions are added: ELECTRONIC EQUIPMENT COVERAGE o. Physical Damage Coverage on a covered "auto" also applies to loss to any electronic equipment that receives or transmits audio, visual or data signals and that is not designed solely for the reproduction of sound, subject to the following additional provisions: 11 This coverage applies only if- the equipment is permanently installed In the covered "auto" at the time of the "loss" or the equipment is removable from a housing unit which is permanently installed in the covered "auto" at the time of the "loss" and such equipment is designed to be solely operated by use of the power from the "auto's" electrical system, in or upon the covered "auto. 21 Coverage also applies to antennas and other accessories necessary for the use of the electronic equipment described in paragraph 1) above. 3) The most we will pay for all "loss" to such audio, visual or data electronic equipment and/or its accessories used with that equipment as a result of any one "accident" is the lesser of: a. The actual cash value of the damaged or stolen electronic equipment and/or its accessories as of the time of the "loss% or b. $2,500. 41 Coverage applies to tapes, records or discs that are damaged while in a scheduled "auto", such property located In or on a scheduled "auto" Is covered if there are visible signs of forced entry. Theft of The most we will pay for tapes, records or discs is $200. The insurance afforded by this provision does not apply to any equipment for Audio, Visual or Data Electronic Coverage that has been provided by a separate endorsement issued by us and made part of this coverage part or policy. LIMITED LOAN/LEASE GAP d. In the event of a covered total "loss" to a covered "auto" which Is either owned by you or leased by you for a period of 12 consecutive months or longer, we will pay any unpaid amount due on your loan or lease for such covered "auto", subject to the following additional provisions: I. We will pay only the lesser of: a) The sum of such unpaid amount, less I. The amount paid under the Physical Damage Coverage Section of the policy or coverage pan; and If. Any: (a) Overdue loan/lease payments at the time of the "loss"; (b) Financial penalties imposed under "auto" lease for excessive use, abnormal wear and tear or high mileage; (c) Security deposits not returned by the lessor; (d) Costs for extended, warranties, Credit Life insurance, Health. Accident or Disability insurance purchased with the loan or lease; and le) Carry-over balances from previous loans or leases; or b) 02,000. 2. This extension does not apply to any "auto" that is a land vehicle that would quality under the definition of "mobile equipment" under this coverage part or policy if it were not subject to a compulsory or financial responsibility law or other motor vehicle insurance law where it is licensed or principally garaged. The in wrance afforded for Umited Loan/!,ease Gap Coverage in this extension endorsement does not apply if separate Loan/Lease Gap Coverage is afforded for such covered "auto" in an endorsement issued by us and made part of this coverage part or policy. uND 615 In 10 Includes copyrighted material of Insurance Services -Office, Inc., with its permission Page 3 of 7 LIND 615 09 10 LOCKSMITH SERVICE a. We will pay up to $100 for necessary locksmith services incurred when keys to a covered "auto" have been lost, stolen or damaged. No deductible applies to this coverage. BUSINESS PERSONAL PROPERTY f. We will pay up to $500 for Business Personal Property that is damaged while in a scheduled "auto". Theft is covered if the property is located in or on the "auto" at the time and there are visible signs of forced entry. REPLACEMENT COST ON NEW VEHICLES g. We will pay full replacement cost of a new "auto" that was purchased new if a total "loss•" occurs within 90 days of purchase. This extension does not apply to any "auto" that is a land vehicle that would qualify under the definition of "mobile equipment" under this coverage part or policy, EXPENSE OF RETURNING STOLEN AUTO h. Under Comprehensive coverage, we will pay for the expense of returning a stolen covered "auto" to you. 7. HIRED AUTO PHYSICAL DAMAGE COVERAGE If hired "autos" are covered "autos" for Liability Coverage in this policy or coverage part, then any Physical Damage coverage which is provided in this policy or coverage part for any "auto" you own will be extended to certain "autos" you lease, rent, hire, or borrow subject to the following provisions: A. This Hired Auto Physical Damage extension does not apply to: 1. any "auto" that is a land vehicle that would qualify under the definition of "mobile equipment" under this policy or coverage part if it were not subject to a compulsory or financial responsibility law or other motor vehicle insurance law where it is licensed or principally garaged; 2. any "auto" you lease, hire, rent, or borrow from any of your "employees", partners (if you are a partnership) members (if you are a limited liability company) or members of their households; or 3. Any other "auto" leased, rented, hired, or borrowed: a. For a period of more than 30 days; or b. with a driver. 8. The most we will pay for any one "loss" will be the lesser of: 1. The actual cash value of the damaged or stolen "auto" as of the time of the "loss"; 2. The cost to repair or replace the damaged or stolen "auto" as of the time of the "loss"; or 3. $60,000. C. Except that such amount will be reduced by a deductible as determined by sub -paragraph 7.E. below. D. Subject to 7.8. above, the coverage we will provide will be: 1. With respect to Other Than Collision coverage: 2. Collision coverage if any covered "auto" owned by you has this coverage under this coverage part or policy. E. Deductible Our obligation to pay for, repair, return or replace such "auto" will be reduced by a deductible for each coverage afforded under 7.13.1. and 7.13.2. above equal to the amount of the largest deductible applicable for that coverage to any covered "auto" owned by you. However, no deductible will apply to "loss" caused by fire or lightning. F. Loss of Use Expenses For any "auto" which is a covered "auto" under this extension Hired Auto Physical Damage Coverage, we will also pay expenses for loss of use of such "auto" subject to the following additional provisions: LINO 815 09 10 Includes copyrighted material of Insurance Services Office, Inc., with its permission Page 4 of 7 UND 615 09 10 I. Such "auto" is leased or rented under a written rental contract or agreement; 2. Such loss of use Is a consequence of a covered "accident a. For which an "insured" is legally responsible; and b. As a result of which the leasing or rental entity suffers a monetary loss. 3. The most we will pay for any expenses for loss of use is $350 per day, to a maximum of $2,800. 4. With respect to the coverage afforded by this extension, Section III - Physical Damage Coverage Extension 4.b. - Loss Of Use does not apply. S. AIRBAG COVERAGE EXTENSION SECTION III - PHYSICAL DAMAGE COVERAGE, B. Exclusions: the following is added to Item 3.a.: This exclusion does not apply to the unintended discharge of an airbag. However, airbag coverage is excess over any other collectible insurance or warranty specifically designed to provide coverage. 9. KNOWLEDGE OF ACCIDENT. CLAIM, SUIT OR LOSS SECTION IV - BUSINESS AUTO CONDITIONS, A. 2. a. Is deleted and replaced with the following: a. In the event of an "accident", claim, "suit" or "loss", you must give us or our authorized representative prompt notice of the "accident" or "loss" only when the "accident', claim, "suit" or "loss" Is known to: I. You, if you are an individual; Il. A partner, if you are a partnership; Ill. A member, if you are a limited liability company; Iv. An "executive officer" or the employee designated by you to give such notice, If you are an organization other than a partnership or a limited liability company. Notice to include: a) How, when and where the "accident" or "loss" occurred; b) The "insured's" name and address; and a) To the extent possible, the names and addresses of any injured persons and witnesses. 10. WAIVER OF SUBROGATION BY CONTRACT OR AGREEMENT SECTION IV - BUSINESS AUTO CONDITIONS - A.S. Transfer of Rights of Recovery Against Others to Us is deleted and replaced with the following: We waive any right of recovery we may have against any person or organization because of payments we make for "bodily injury" or "property damage" or "loss" arising out of the operation, maintenance, use, loading or unloading of a covered "auto" when you and such person or organization have agreed in writing in a contract or agreement to waive such right of recovery, provided: a. Such written contract or agreement was: 1) Made prior to the covered injury or damage; and 2) In effect at the time of the covered injury or damage; and b. The injury or damage arises out of the operations contemplated by such written contract or agreement. Th;s waiver applies only to such person or organization designated in such written contract or agreement. 11. NEWLY FORMED OR ACQUIRED ORGANIZATIONS The Named Insured shown in the Declarations is amended to include any organization you newly form or acquire, other than: A. A partnership, joint venture, or limited liability company; or B. An organization excluded either by the provisions of this Coverage Part, or by endorsement, and over which you maintain ownership or majority interest of more than 50%, subject to the following additional previsions: 11ND 815 09 10 Includes copyrighted material of Insurance Services Office, Inc., with its permission Page 5 of 7 UNo 615 09 io 1. This insurance does not apply to any newly formed or acquired organization that is an "insured" under any other automobile policy or would be an "insured" under such a policy but for its termination or the exhaustion of its Limit of Insurance. 2. Coverage under this provision does not apply to injury, damage, expense, or "loss" that occurred before you formed or acquired the organization. 3. Coverage under this provision is afforded only until the next anniversary date of this policy's effective date after you acquire or form the organization, or the end of the policy period, whichever is earlier. C. This provision does not include any newly formed or acquired organization 180 days after its formation or acquisition, unless you have given us notice of the formation or acquisition. 12. TOWING AND LABOR COVERAGE EXTENSION SECTION III - PHYSICAL DAMAGE COVERAGE, A.2. - Towing is deleted and replaced with the following: With respect to any "private passenger auto" or "light truck" you own that is provided both Comprehensive Coverage and Collision Coverage in this policy or coverage part, we will pay up to $100 for towing and labor costs incurred each time such "private passenger auto" or "light truck" is disabled subject to the following additional provisions: a. The labor must be performed at the place of disablement. b. This coverage does not apply to stolen "autos". c. If, at the time of disablement such "private passenger auto" or "light truck" is also a covered "auto" for the Physical damage Towing And Labor coverage shown under Item Two of the Business Auto Declarations in this policy or coverage part, the most we will pay for each covered disablement is the greater of: 1. The limit shown under Item Two in the Declarations; or It. $100. 13. LIMITED RENTAL REIMBURSEMENT COVERAGE We will pay for rental reimbursement expenses incurred by you for the rental of an "auto" because of a covered physical damage "loss" to a covered "auto" you own, subject to the following additional provisions: A. As used in this Rental Reimbursement Coverage provision, "auto" means a land motor vehicle, traitor or semitrailer designed for travel on public roads. However, "auto" does not include: 1. "Mobile equipment"; or 2. Any other land vehicle that would qualify under the definition of "mobile equipment" under this policy or coverage part if it were not subject to compulsory or financial responsibility law or other motor vehicle insurance law where it is licensed or principally garaged. B. Payment applies in addition to the otherwise applicable amount of each coverage you have on the covered "auto". C. No deductible applies to this coverage. D. We will pay only for those expenses incurred during the policy period beginning 24 hours after the "loss" and ending, regardless of the expiration date of the policy, with the lesser of the following number of days: 1. The number of days reasonably required to repair or replace the covered "auto"; or 2. 60 days. E. Our payment is limited to the lesser of the following amounts: 1. Necessary and actual expenses incurred up to: a. $60 per day for a "private passenger auto" or light truck"; b. $100 per day for other than a "private passenger auto" or "light truck"; Subject to a maximum of $3,600. LINO 615 09 10 Includes copyrighted material of Insurance Services Office, Inc., with its permission Page 6 of 7 UND 615 09 10 F. We will also pay the following: I. Up to $500 for reasonable and necessary expenses to remove your Business Personal Property and materials form the covered "auto". 2. Up to $100 for expenses incurred by the named insured for transportation to their intended destination from the point of the "auto" disablement or theft. G. This coverage does not apply while there is a spare or roserve "auto" available to you for your operations. H. With respect to the coverage afforded by this extension, the Transportation Expenses Coverage Extension contained in SECTION III - PHYSICAL DAMAGE COVERAGES, A. 4.a. does not apply. I. The insurance afforded for Limited Rental Reimbursement Coverage in this extension endorsement does not apply if separate Rental Reimbursement Coverage is issued by us as an endorsement and made a part of thi!t policy or coverage part. 14_ REVISIONS TO DEFINITIONS SECTION V - DEFINITIONS is revised as follows: "AUTO" AMENDED Paragraph B. "Auto" is deleted and replaced with: S. "Auto" means: 1. A land motor vehicle, "trailer" or semitrailer designed for travel on public roads; 2. Any other land vehicle that is subject to a compulsory or financial responsibility law or other motor vehicle insurance law where it is licensed or principally garaged. 3. "Private passenger auto" means a four -wheeled auto of the private passenger or station wagon type; and 4. "Light truck" means a pick-up or panel truck, sport utility vehicle or similar "auto". with a "Gross Vehicle Weight (GVW) of 11,000 pounds or less. Gross Vehicle Weight (GVW) is the maximum loaded weight for which a single "auto" is designed, as specified by the Manufacturer. However, "auto" does not include "mobile equipment". "INSURED CONTRACT" AMENDED Paragraph H. "Insured Contract": item d. Is added to the end of the'definition: d. That pertains to the ownership, maintenance or use of an "auto" and which indemnifies a person or organization for other than the vicarious liability of such person or organization for "bodily injury" or "property damage" specifically caused, in whole or in part by your operation or use of a covered "auto". "EXECUTIVE OFFICER" ADDED The following definition is added: "Executive Officer" means a person holding any officer position created by your charter, constitution, by-laws or any other similar governing document. Uh10 615 09 10 Includes copyrighted material of Insurance Services Office, Inc., with its permission Page 7 of 7 Named Insurod: LOME STAR DIRT b PAVIPIG LTD Policy Numbor: t'.PPoi2476t 04 CG 02 05 12 04 THIS ENDORSMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. TEXAS CHANGES - AMENDMENT OF CANCELLATION PROVISIONS OR COVERAGE CHANGE This endorsement modifies insurances provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART LIQUOR LIABILITY COVERAGE PART OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE PART POLLUTION LIABILITY COVERAGE PART 13RODUCT WITHDRAWAL 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, we agree to mail prior written notice of cancellation or material change to: SCHEDULE 1.1 Name: Any person or organization as evidenced by a certificate of insurance issued on the company's behalf by its licenued agent. 2. Address: J-1 ►Number Of Days Advance Notice: 30 (Except to -day notice of cancellation for non-payment of premium) Information required to complete this Schedule, if not shown above, will be shown in the Declarations. CG 02 05 12 04 Copyright, ISO Properties, Inc., 2003 Page 1 of 1 Named insured: LONE STAR DIRT & PAVING LTD Policy Number: CPP01124761 04 CIS 02 24 10 93 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EARLIER NOTICE OF CANCELLATION PROVIDED BY US This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART LIQUOR LIABILITY COVERAGE PART POLLUTION LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE Number of Days' Notice 30 (if no entry appears above, information required to complete this Schedule will be shown in the Declarations as applicable to this endorsement.) For any statutorily permitted reason other than nonpayment of premium, the number of days required for notice of cancellation, as provided in paragraph 2. of either the CANCELLATION Common Policy Condition or as amended by an applicable state cancellation endorsement, is increased to the number of days shown in the Schedule above. CG 02 24 10 9:3 Copyright, Insurance Services Office, Inc., 1992 Page 1 of 1 Narned Insured: LONE STAR OIRT A PAVING LTO Policy Number: cPP 0114761 04 CG 20 37 07 04 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - COMPLETED OPERATIONS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Personal ^�— Or Organization(s): Location And Description Of Completed Operations AUTOMATIC STATUS WHEN REQUIRED BY WRITTEN CONTRACT required to complete this Schedule, if not shown above, will be shown in the Declarations. Section 11 - Who Is An Insured is amended to include as an additional insured the person(3) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury" or "property dam- age" caused, in whole or in part, by "your work" at the location designated and described in the sche- dule of this endorsement performed for that addi- tional insured and included in the "products - completed operations hazard". CG:20370704 Copyright, ISO Properties, Inc., 2004 Page 1 of I UND 618 03 11 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. MS -EDGE GENERAL LIABILITY ENDORSEMENT FOR CONTRACTORS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SUMMARY OF COVERAGE EXTENSIONS Extension Limit 1, Supplementary Payments - Increased Limits Bail Bonds _ Loss of Earnings 2. Miscellaneous Additional Insureds $3,000 $1, 500 Mortgagee, Assignee or Receiver Included Managers or Lessors of Premises Included Controlling Interest Included Co -Owner of Insured Premises Included Owners or Other Interest From Whom Land Has Been Leased Included Lessor of Leased Equipment Included Owners or Contractors for Whom You are Performing Ongoing Operations Included State or Governmental Agency or Political Subdivision Included 3. Aggregate Limits of Insurance for Single Construction Projects General Aggregate Limit 4. Revisions to "Who is An Insured" Volunteer Workers Expanded Included 5. Expanded "Expected or Intended Injury" Definition Included 6. Knowledge of Occurrence, Offense, Claim or Suit Included 7. Unlntentional Omissions In Disclosure Included S. Waiver of Subrogation by Contact or Agreement Included 9. Newly Formed or Acquired O►ganizationii 10. Legal Liability for Damage to Premises Rented to You (Specified Perils) Included ' $300,000 11. Non -Owned Watercraft Up to 51 Feet In Length Included 12. Medical Payments Revised $15,000 13 Property Damage for Tools Loaned to You ~14. $10.000 Revisions to Definitions "Insured Contract" Amended "Mobile Included Equipment" Amended "Specified Included Perils" Added "Water Included Damage" Added Included the above is a summary of provisions in this endorsement. Please consult the specific provisions below for complete wording contained in these endorsement provisions. The endorsement provisions shall in of a conflict between the summary and the following endorsement provisions. prevail the event ENDORSEMENT PROV1S10_NS Th.) provisions of the Commercial General Liability Coverage Part apply except as otherwise provided in this endorsement. This endorsement applies only if such Coverage Part is included in this policy. UND 818 03 11 Includes copyrighted material of Insurance Services Office, Inc., with its permission Page 1 of 8 UND 618 03 11 1. SUPPLEMENTARY PAYMENTS - INCREASED LIMITS SECTION I - COVERAGES, SUPPLEMENTARY PAYMENTS - COVERAGES A AND 8 is amended as follows: A. rho limit shown in t.b. for the costs of bail bonds is increased to $3,000. S. The limit shown in 1.d. for all reasonable expenses incurred at our request, including actual loss of earnings because of time off work, is increased to $1,500. 2. MISCELLANEOUS ADDITIONAL INSUREDS SECTION 11 - WHO IS AN INSURED is amended to include as an insured any person or organization (known as additional insured) described in paragraphs 11) through (8) below, whom you are required to add as an additional insured on this policy under a written contract or agreement. The written contract or agreement must be: A. Currently in effect or becoming effective during the term of this policy; and B. Fully executed by you and the additional insured prior to the "bodily injury", "property damage" or "personal and advertising injury", but only the following persons or organizations are additional insureds under this endorsement, and coverage provided to such additional insureds is limited as provided herein. (1) ADDITIONAL INSURED - MORTGAGEE, ASSIGNEE OR RECEIVER SECTION If - WHO IS AN INSURED is amended to include as an insured any person or organization with respect to their liability as a Mortgagee, Assignee or Receiver and arising out of the ownership, maintenance, or use of the premises by you and shown in the Schedule of All Locations You Own, Rent or Occupy. a. This insurance does not apply to structural alterations, new construction or demolition operations performed by or for that person or organization. (2) ADDITIONAL INSURED - MANAGERS OR LESSORS OF PREMISES SECTION 11 - WHO IS AN INSURED is amended to include as an insured any person or organization with respect to their liability as a Manager or Lessor of premises and arising out of the ownership, maintenance or use of that part of the premises leased to you and shown in the Schedule of All Locations You Own, Rent or Occupy, and subject to the following additional exclusions: a. This insurance does not apply to: 11) Any "occurrence" which takes place after you cease to be a tenant in that premises; (21 Structural alterations, new construction or demolition operations performed by or for that person or organization. (3) ADDITIONAL INSURED - CONTROLLING INTEREST SECTION 11 - WHO IS AN INSURED is amended to include as an insured any person or organization with respect to their liability arising out of: a. Their financial control of you; or b. Premises they own, maintain or control while you lease or occupy these premises. This insurance does not apply to structural alterations, new construction or demolition operations performed by or for that person or organization. (4) ADDITIONAL INSURED - CO.OWNER OF INSURED PREMISES SECTION II - WHO IS AN INSURED is amended to include as an insured a co-owner of the insureds premises with respect to their liability arising out of their liability as co-owner of such premises. (5) ADDITIONAL INSURED - OWNERS OR OTHER INTEREST FROM WHOM LAND HAS BEEN LEASED SECTION II - WHO IS AN INSURED is amended to include as an insured any person or organization with respect to their liability arising out of the ownership, maintenance or use of that part of the land leased to you and shown in the Schedule of All Locations You Own, Rent or Occupy, and subject to the following additional exclusions: a. This Insurance does not apply to: (1) Any "occurrence" which takes place after you cease to lease that land; (2) Structural alterations, new construction or demolition operations performed by or for that person or organization. UNO 818 03 11 Includes copyrighted material of Insurance Services Office, Inc., with its permission Page 2 of 8 UNO 618 03 11 16) ADDITIONAL INSURED - LESSOR OF LEASED EQUIPMENT SECTION 11 - WHO IS AN INSURED Is amended to include as an insured any person or organization with respect to their liability arising out of the maintenance, operation or use by you of equipment leased to you by such person(s) or organization(s), subject to the following additional exclusions: a. This insurance does not apply: 111 ro any "occurrence" which takes place after the equipment lease expires; 12) To "bodily injury" or "property damage" arising out of the sole negligence of that person or organization. (7) OWNERS OR CONTRACTORS FOR WHOM YOU ARE PERFORMING ONGOING OPERATIONS SECTION 11 - WHO IS AN INSURED is amended to include as an insured: a. Any person or organization for whom you are performing operations but only with respect to liability for "bodily injury", "property damage", or "personal and advertising injury" caused, in whole or in part, by: (1) Your acts or omissions; or (2) The acts or omissions of those acting on your behalf; in the performance of your ongoing operations for the additional insured. A person's or organization's status as an additional insured under this provision ends when your operations for that additional insured are completed. b. With respect to the insurance afforded to these additional insureds, the following additional exclusions apply: This insurance does not apply to: (1) "Bodily injury", "property damage" or "personal and advertising injury" arising out of the rendering of, or the failure to render, any professional architectural, engineering or surveying services including: , (a) The preparing, approving, or failing to approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; or (b) Supervisory, inspection, architectural or engineering activities. (2) "Bodily injury" or "property damage" occurring after: (a) All work, including materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insuredis) at the location of the covered operations has been completed; or (b) That portion of "your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. (8) ADDITIONAL INSURED - STATE OR GOVERNMENTAL AGENCY OR POLITICAL SUBDIVISION SECTION 11 - WHO IS AN INSURED is amended to include as an insured any state or governmental agency or subdivision or political subdivision, subject to the following additional provision: This insurance applies only with respect to the following hazards for which the state. governmental agency or subdivision or political subdivision has issued a permit in connection with premises you own, rent or control and to which this insurance applies: a. The existence, maintenance, repair, construction, erection, or removal of advertising signs, awnings, canopies, collar entrances, coal holes, driveways, manholes, marquees, hoist away openings, sidewalk vaults, street banners, or decorations or similar exposures; or b. The construction, erection, or removal of elevators; or c. The ownership, maintenance, or use of any elevators covered by this Insurance. With respect to coverage provided by this provision 2. MISCELLANEOUS ADDITIONAL INSUREDS, the hollowing additional provisions also apply: Includes copyrighted material of insurance Services Office, Inc., with its permission UNO 618 03 11 Pads 3 of 8 UND 618 03 11 A. Any insurance provided to an additional insured designated under paragraphs (1) through (8) above does not apply: (1) To "bodily injury" or "property damage" included within the "products -completed operations hazard"; or 12) To "bodily injury", "property damage" or "personal and advertising injury" arising out of the sole negligence of such additional insured. B. Paragraph 4.b. of SECTION IV - COMMERCIAL GENERAL LIABILITY CONDITIONS is replaced with the following: b. Excess Insurance (1) This insurance is excess over: (a) Any of the other insurance, whether primary, excess, contingent or on any other basis that is available to the additional insured unless you and the additional insured have specifically agreed in writing that this insurance be primary. Then we will treat any other insurance maintained by the additional insured for injury or damage covered by provision 2. MISCELLANEOUS ADDITIONAL INSUREDS, except such other insurance as noted in paragraph (b) below, as excess to this insurance. (b) Any other primary liability insurance available to the additional insured for damages arising out of premises or ongoing operations for which such person or organization has been added as an additional insured by the attachment of an endorsement. (21 When this insurance is excess, we will have no duty under Coverages A or 8 to defend the insured against any "suit" if any other insurer has a duty to defend the insured against that "suit". If no other insurer defends, we will undertake to do so, but we will be entitled to the insured's rights against all those other insurers. (3) When this insurance is excess over other insurance, we will pay only our share of the amount of the loss, if any, that exceeds the sum of: (a) The total amount that all such other insurance would pay for the loss in the absence of this insurance: and (b) The total of all deductible and self -insured amounts under all the other insurance. (4) We will share the remaining loss, if any, with any other insurance that is not described in the Excess Insurance provision and was not brought specifically to apply in excess of the limits of Insurance shown in the Declarations of this policy or coverage part. 3. AGGREGATE LIMITS OF INSURANCE FOR SINGLE CONSTRUCTION PROJECTS A. For all sums which the insured becomes legally obligated to pay as damages caused by "occurrences" under SECTION I - COVERAGE A, and for all medical expenses caused by accidents under SECTION 1 - COVERAGE C, which can be attributed only to ongoing operations at single construction projects away from premises owned by or rented to the insured: (1) The most we will pay will be capped at $10,000,000. regardless of the number of: a. "Occurrences"; b. Insureds; c. Claims made or "suits" brought; d. Persons or organizations making claims or bringing "suits"; or e. Separate construction projects. 12) Subject to paragraph 3.A.111 above: e. A separate Single Construction Project General Aggregate Limit applies to each construction project, and that limit is equal to the amount of the General Aggregate Limit shown in the Declarations. UNO 618 03 11 Includes copyrighted material of Insurance Services Office, Inc., with its permission Page 4 of 8 UND 618 o3 11 b. The Single Construction Project General Aggregate Limit is the most we will pay for the sure of all damages under COVERAGE A. except damages because of "bodily injury" or "property damage" included in the "products -completed operations hazard", and for medical expenses under COVERAGE C regardless of the number of: 1. Insureds; il. Claims made or "suits" brought; or 111. Persons or organizations making claims or bringing "suits". c. Any payments made under COVERAGE A for damages or under COVERAGE C for medical expenses shall reduce the Single Construction Project General Aggregate Limit for that construction project. Such payments shall not reduce the General Aggregate Limit shown in the Declarations nor shall they reduce any other Single Construction Project General Aggregate Limit for any other separate construction project away from premises owned or rented by the insured. d. The limits shown in the Declarations for Each Occurrence, Fire Damage and Medical Expenses continue to apply. However, instead of being subject to the General Aggregate Limit shown in the Declarations, such limits will be subject to the applicable Single Construction Project General Aggregate Limit. 8. For all sums which the insured becomes legally obligated to pay as damages caused by "occurrences" under SECTION 1 • COVERAGE A. and for all medical expenses caused by accidents under SECTION 1 " COVERAGE C, which cannot be attributed only to ongoing operations at a single construction project away from premises owned by or rented to the insured: (1) Any payments made under COVERAGE A for damages or under COVERAGE C for medical expenses shall reduce the amount available under the General Aggregate Limit or the Products -Completed Operations Limit, whichever is applicable; and (2) Subject to paragraph 3-A.(1) above payments shall not reduce any Single Construction Project General Aggregate Limit. C. 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 or the Single Construction Project General Aggregate Limit. D. If the applicable construction project has been abandoned, delayed, or abandoned and then restarted, or if the authorizing contracting parties deviate from plans, blueprints, designs, specifications or timetables, the Project will still be deemed to be the same construction project. E. If endorsement CG 25 03, Designated Construction Projects) General Aggregate Limit (or a similar construction project(s) aggregate endorsement) is also part of this policy or coverage part, the most we will pay for all sums which the insured becomes legally obligated to pay as damages caused by "occurrences" under SECTION 1 - COVERAGE A and all medical expenses under SECTION 1 - COVERAGE C, which can be attributed only to ongoing operations at: (1) Any construction project(s) designated in such CO 25 03 or similar construction project(s) aggregate endorsement; or (2) Any construction project(s) to which the provisions of 3. AGGREGATE LIMITS OF INSURANCE FOR SINGLE CONSTRUCTION PROJECTS in this endorsement and the provisions of such Ct3 25 03 or similar construction projects) aggregate endorsement both apply will be subject to the same $10,000,000 cap shown in paragraph 3.A.(1). F. The provisions of SECTION III - LIMITS OF INSURANCE not otherwise modified by this endorsement shall continue to apply as stipulated. UND 618 03 11 Includes copyrighted material of Insurance Services Office, Inc., with its permission Page 5 of 8 UND 618 03 11 4. REVISIONS TO "WHO IS AN INSURED" SECTION 11 - WHO IS AN INSURED, 2.a. is deleted and replaced with the following: 2. Each of the following is also an insured: (a) Your "volunteer workers" only while performing duties related to the conduct of your business, or your "employees", other than either your "executive officers" (if you are an organization other than a partnership, joint venture or limited liability company) or your managers (if you are a limited liability company), but only for acts within the scope of their employment by you or while performing duties related to the conduct of your business, including rendering first aid in an emergency. However, none of these employees or "volunteer workers" are insureds for: Paragraphs 0) through (2) continue to apply. 5. EXPANDED "EXPECTED OR INTENDED INJURY" DEFINITION SECTION 1 - COVERAGES - COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY, 2.a. Expected or Intended Injury Exclusion is deleted and replaced with the following: a. "Bodily injury" or "property damage" expected or intended from the standpoint of the insured. This exclusion does not apply to "bodily injury" or "property damage" resulting from the use of reasonable force for the purpose of protecting persons or property. 6. KNOWLEDGE OF OCCURRENCE, OFFENSE, CLAIM OR SUIT SECTION IV - COMMERCIAL GENERAL LIABILITY CONDITIONS, 2. Duties In The Event Of Occurrence, Offense, Claim Or Suit is revised by the addition of Items e. and f.: e. The requirement in Condition 2.a. applies only when the "occurrence" or offense is known to: 11) You, if you are an individual; (2) A partner, if you are a partnership; (3) An "executive officer", an "employee" designated by you to give such notice, or insurance manager (if you are an organization other than a partnership, joint venture or limited liability company); or (4) A manager (if you are a limited liability company), f. The requirement in Condition 2.b, will not be breached unless the breach occurs after such claim or "suit" is known to: (1) You, if you are an individual; (2) A partner, if you are in a partnership; 13) An "executive officer" or insurance manager (if you are an organization other than a partnership, joint venture or limited liability company); or (4) A manager (if you are a limited liability company). 7. UNINTENTIONAL OMISSIONS IN DISCLOSURE SECTION IV - COMMERCIAL GENERAL LIABILITY CONDITIONS, S. Representations is revised by the addition of the following: However, the unintentional omission of any information given or provided by you shall not prejudice your rights under this Insurance. This provision does not affect our right to collect additional premium or to exercise our right of cancellation or non renewal. S. WAIVER OF SUBROGATION BY CONTRACT OR AGREEMENT SECTION IV - COMMERCIAL GENERAL LIABILITY CONDITIONS, S. Transfer Of Rights Of Recovery Against Others To Us 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: Includes copyrighted material of Insurance Services Office, Inc., with its permission UND 618 03 11 Page 6 of 8 No Text UND 618 03 11 A. Premisus owned, occupied by, or rented or loaned to you; 8. "Your work" or "your products"; C. Ongoing operations performed by you or on your behalf, when you and such person or organization have agreed in writing in a contract or agreement to waive such right of recovery, provided: (1) Such written contract or agreement was: a. Made prior to the covered injury or damage; and b. In effect at the time of the covered Injury or damage; and (21 The injury or damage arises out of the operations contemplated by such written contract or agreement; and 13) This waiver applies only to such person or organization designated in such written contract or agreement. 9. NEWLY FORMED OR ACQUIRED ORGANIZATIONS SECTION 11 • WHO IS AN INSURED, 3. is deleted and replaced with the following: 3. The Named Insured shown in the Declarations is amended to Include any organization you newly form or acquire, other than: a. A partnership, joint venture, or limited liability company; or b. An organization excluded either by the provisions of this Coverage Part, or by endorsement, and over which you maintain ownership or majority interest of more than 60%, subject to the following additional provisions: 1. This insurance does not apply to any newly formed or acquired organization that is an insured under any other General Liability policy or would be an Insured under such a policy but for its termination or the exhaustion of its Limit of Insurance. II. Coverage under this provision does not apply to injury, damage, expense, or loss that occurred before you formed or acquired the organization. Ill. Coverage under this provision is afforded only until the next anniversary date of this policy's effective date after you acquire or form the organization, or the end of the policy period, whichever Is earlier. This provision does not include any newly formed or acquired organization 180 days after its formation or acquisition, unless you have given us notice of the formation or acquisition. 10. LEGAL LIABILITY FOR DAMAGE TO PREMISES RENTED TO YOU (Specified Perils) SECTION III • LIMITS OF INSURANCE, 6. Is deleted and replaced with the following: 6. Subject to Paragraph S. above, the greater of: a. $300,000, or b. The damage to Premises Rented to You Limit shown in the Declarations is the most we will pay under Coverage A for any one premises while rented to you or temporarily occupied by you with permission of the owner, in the event of (1) damages because of "property damage"; or (2) damage by "specified perils". This limit will apply to all damages proximately caused by the same event, whether such damage results from "specified perils" or other covered causes of loss or any combination thereof. Includes copyrighted material of Insurance Services Office, Inc., with its permission UND 618 03 11 Page 7 of 8 UND 618 03 1 1 11. NON -OWNED WATERCRAFT UP TO 51 FEET IN LENGTH SECTION I COVERAGES, COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY. 2. Exclusions. 9.12)(4) is deleted and replaced with the following: la) less than 51 foot long; and 12. MEDICAL PAYMENTS REVISED SECTION I COVERAGES, COVERAGE C MEDICAL PAYMENTS is amended as follows: A. 1. Insuring Agreement a.(3)(b) is deleted and replaced with the following: lb) The expenses are incurred and reported to us within three years of the date of the accident; and S. Item 1.0. is added to 1. Insuring Agreement: c. If COVERAGE C MEDICAL PAYMENTS is not otherwise excluded from this policy, we will pay medical expenses up to the greater of: 11) $15,000; or 12) The limit shown in the Declarations of this policy or coverage part. 13. PROPERTY DAMAGE FOR TOOLS LOANED TO YOU SECTION I COVERAGES, COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY, 2.1. Damage to Property Exclusion is revised. Item j.(4) is deleted and replaced with the following: 1.(4)Tools or equipment loaned to you if the tools or equipment are being used to perform operations at the time of the loss. The most we will pay for such tools or equipment loaned to you is $10,000 per "occurrence". 14. REVISIONS TO DEFINITIONS SECTION V . DEFINITIONS is revised as follows: 9.9. "Insured contract" is deleted and replaced with the following: 9. "Insured contract" means: a. A contract for lease of premises. However, that portion of the contract for a lease of premises that indemnifies any person or organization for damage by "specified perils" to premises while rented to you or temporarily occupied by you with permission of the owner is not an "insured contract"; 12. "Mobile equipment", subparagraph f.(1) is deleted and replaced with the following:. (1) Equipment with a gross vehicle weight of 1,000 pounds or more and designed primarily for: a. Snow removal; b. Road maintenance, but not construction or resurfacing; or c. Street cleaning; The following definitions are added: 23. "Specified perils" means fire; lightning; explosion; windstorm or hail; smoke; aircraft or vehicles; riot or civil commotion; vandalism; leakage from fire extinguishing equipment; weight of snow, ice or sleet; or "water damage". 24. "Water damage" means accidental discharge of water or steam as the direct result of the breaking or cracking of any part of a system or appliance containing water or steam. UND 618 03 11 includes copyrighted material of Insurance Services Office, Inc., with its permission Page 8 of 8 N.1mod Insured: LONE STAR OIRT & PAVING LTD CU 02 OZ 05 O3 Policy Number: uMs 0124761 04 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. TEXAS CHANGES • AMENDMENT OF CANCELLATION PROVISIONS OR COVERAGE CHANGE This endorsement modifies insurance provided under the following: COMMERCIAL UMBRELLA LIABILITY COVERAGE PART In the event of cancellation or material change that reduces or restricts the insurance afforded by this Coverage Part, we agree to mail prior written notice of cancellation or material change to: SCHEDULE 1. Name: Any person or organization as evidenced by a certificate of insurance iusued on the company's behalf by its licensed agent. 2. Address: 3. Number Of Days Advance Notice: 30 (Except 10-day notice of cancellation for non-payment of premium) (1t no entry appears above. information required to com)lots t iis endorsement wi be shown -in the Declarations as applicable to this endorsement.) CU 02 02 05 03 Copyright, ISO Properties, Inc., 2002 Page 1 of i Named Insured: LONE srAA DIRT h PAVING Lr0 Policy Number: uM8 0124161 04 CU 02 04 09 00 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EARLIER NOTICE OF CANCELLATION PROVIDED BY US This endorsement modifies insurance provided under the following: COMMERCIAL LIABILITY UMBRELLA COVERAGE PART SCHEDULE Number of Days' Notice 30 (If no entry appears above, information required to complete this Schedule will be shown in the Declarations as applicable to this endorsement.) For any statutorily permitted reason other than nonpayment of premium, the number of days required for notice of cancellation. as provided in Paragraph 2, of either the Cancellation Common Policy Condition or as amended by an applicable state cancellation endorsement, is increased to the number of days shown in the Schedule above CU 02 04 09 00 Copyright, Insurance Services Office, Inc., 2000 Page 1 of i Named Insured: LONE STAR DIRT & PAVING LTD Policy Number: LIMS 0 124 761 04 CU 22 82 06 04 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY, TEXAS WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US This endorsement modifies insurance provided under the following: COMMERCIAL UMBRELLA LIABILITY COVERAGE PART ____ ______ SCHEDULE Name Of Person Or Organization: Any person or organization to Whom you are obligated by virtue of a written contract, agreement or permit to waive your rights of recovery against others. 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 under Section IV - Conditions is amended by the addition of the following: We waive any right of recovery we may have against the person or organization shown in the Schedule above because of payments r make for "bodily injury" or "property damage" arising out of your ongoing operations or "your work" done under a contract with that person or organization and included in the " lions hazard". This waiver applies only to the person or organization shown in the Schedule above.completed opera- . 22 82 06 04 Copyright, ISO Properties, Inc., 2003 Page 1 of 1 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. The Contractor shall notify the governmental entity in writing by certified mail or personal delivery, within 10 days after the Contractor knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project. The Contractor shall post on each project site a notice, in the text, form and manner prescribed by the Texas Workers' Compensation Commission, informing all persons providing services on the project that they are required to be covered, and stating how a person may verify coverage and report lack of coverage. 9. The Contractor shall contractually require each person with whom it contracts to provide services on the project, to: (a) provide coverage, based on proper reporting of classification codes and payroll amounts 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 l F (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. Proof of Coverage Before work on this contract is commenced, each Contractor and subcontractor shall submit to the Owner for approval five Certificates of Insurance covering each insurance policy carried and offered as evidence of compliance with the above insurance requirements, signed by an authorized representative of the insurance company setting forth: (1) The name and address of the insured. Li (2) The location of the operations to which the insurance applies. (3) The name of the policy and type or types of insurance in force thereunder on the date borne by such certificate. (4) The expiration date of the policy and the limit or limits of liability thereunder on the date borne by such certificate. (5) A provision that the policy may be canceled only by mailing written notice to the named insured at the address shown in the proposal specifications. (6) A provision that written notice shall be given to the City ten days prior to any change in or cancellation of the policies shown on the certificate. (7) The certificate or certificates shall be on the form (or identical copies thereof) contained in the job specifications. No substitute of nor amendment thereto will be acceptable. (8) If policy limits are paid, new policy must be secured for new coverage to complete project. Ir (9) A Contractor shall: (a) provide coverage for its employees providing services on a project, for the duration of the project based on proper reporting of classification codes and payroll amounts and filling of any coverage agreements; (b) provide a certificate of coverage showing workers' compensation coverage to the governmental entity prior to beginning work on the project; (c) provide the governmental entity, prior to the end of the coverage period, a new certificate of coverage showing extension of coverage, if the coverage period shown on the Contractor's current certificate of coverage ends during the duration of the project; (d) obtain from each person providing services on a project, and provide to the governmental _ entity: t (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: REQUIRED WORKERS' COMPENSATION COVERAGE "The law requires that each person working on this site or providing services related to this construction: project trust 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.t.Xus) 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 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 govermnental 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 tenns, 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 perfonnance 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 I �µ. 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, 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 1 , 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 pennanently from Contractor's total compensation, the sum of $25.00 PER DAY, not as a penalty, but as liquidated damages for the breach of the contract as herein set forth for each and every working day that the Contractor shall be in default after the time stipulated for substantially completing the work. It is expressly understood and agreed, by and between Contractor and the Owner, that the time for the substantial completion of the work described herein is reasonable time for the completion of the same, taking into consideration the average climatic range and conditions and usual industrial conditions prevailing in this locality. The amount is fixed and agreed upon by and between the Contractor and the Owner because the actual damages the Owner would sustain in such event would be difficult and/or impossible to estimate, however, the amount ' agreed upon herein is a reasonable forecast of the amount necessary to render just compensation to Owner, and is g p rY J P expressly agreed to be not disproportionate to actual damages as measured at time of breach. r IT IS FURTHER AGREED AND UNDERSTOOD BETWEEN THE CONTRACTOR AND OWNER THAT TIME IS OF THE ESSENCE OF THIS CONTRACT. 35. TIME AND ORDER OF COMPLETION It is the meaning and intent of this contract, unless otherwise herein specifically provided, that the Contractor shall be allowed to prosecute its work at such time and sessions, in such order of precedence, and in such manner as shall be most conductive to economy of construction; provided, however, that the order and time of prosecution shall be such that the work shall be substantially completed as a whole and in part, in accordance with this contract, the plans and specifications, and within the time of completion designated in the proposal; provided, also, that 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. 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 workmen, or any other cause or occurrence. No charge shall be made by the Contractor for hindrance or delays from any cause during the progress of any part of the work embraced in this contract except where the work is stopped by order of the Owner or Owner's Representative for the Owner's convenience, in which event, such expense as in the sole judgment of the Owner's Representative that is caused b such sto a e p J g p y pp g 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 t 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 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 I ° r I 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 quantities 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 deternination 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. 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 r 43. 44. 45 46. performed, to be performed and/or materials delivered hereunder, including, but limited to, work to which said partial payment is attributable. 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. 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 31st 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. 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 one (1) year from the date of certification of final completion by Owner's Representative. PAYMENT WITHHELD k -, The Owner or Owner's Representative may, on account of subsequently discovered evidence, withhold or nullify the whole or part of any certification to such extent as may be necessary to protect itself from loss on account of: (a) Defective work not remedied and/or work not performed, (b) Claims filed or reasonable evidence indicating possible filing of claims, (c) Damage to another contractor, l (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 men and use of machinery, equipment, tools, materials and supplies as said Owner may deem necessary to complete the work and charge the expense of such labor, machinery, equipment, tools, materials and supplies to said Contractor, and the expense so charged shall be deducted and paid by the Owner out of such moneys as may be due, or that may thereafter at any time become due to the Contractor under and by virtue of this Agreement. In case such expense is less than the sum which would have been payable under this contract, if the same had been completed by the Contractor, then said Contractor shall receive the difference. In case such expense is greater than the sum which would have been payable under this contract, if the same had been completed by said Contractor, then the Contractor and/or its Surety shall pay the amount of such excess to the Owner; or (b) The Owner, under sealed 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 49. RED 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. LIMITATION ON CONTRACTOR'S REMEDY The remedies of Contractor hereunder shall be limited to, and Owner shall be liable only for, work actually performed by Contractor and/or its subcontractors as set forth in the contract documents, and Owner shall not be liable for any consequential, punitive or indirect loss or damage that Contractor may suffer in connection with the project which is the subject matter of this contract. 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 $25,000. 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 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 perfonnance 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 r __ 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 Lk 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 L 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 El 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. i 9 DAVIS-BACON WAGE DETERMINATIONS t Page Intentionally Left Blank General Decision Number: TX130007 01/04/2013 TX7 Superseded General Decision Number: TX20120007 State: Texas Construction Types: Heavy and Highway Counties: Armstrong, Carson, Crosby, Ector, pion, Lubbock, Midland, Potter, Randall, Taylor and Tom Green Counties in Texas. HEAVY & HIGHWAY CONSTRUCTION PROJECTS Rates Fringes Rates Fringes Rates Fringes CEMENT MASON/CONCRETE POWER EQUIPMENT OPERATOR: TRUCK DRIVER FINISHER (Paving & Asphalt Distributer.$ 14.87 Lowboy -Float$ 14.46 Structures) ... $13.55 Asphalt Paving Machine..$ 13.40 Single Axle.$ 12.74 Broom and Sweeper ... $ 11.21 ELECTRICIAN..$ 20.96 Crane, Lattice Boom 80 Single or Tandem Axle Tons or Less$ 16.82 Dump..$ 11.33 FORM BUILDER/FORM SETTER Crawler Tractor Operator$ 13.96 Tandem Axle Tractor Paving & Curb...$ 12.36 Excavator, 50,000 lbs or with Structures..$ 13.52 less$ 13.46 Front End Loader Operator, Semi$ 12.49 LABORER Over 3 CY... $ 12.77 Asphalt Raker ... $ 12.28 Front End Loader, 3CY or WELDERS - Receive rate Flagger.$ 9.30 less$ 12.28 prescribed for craft Laborer, Common.$ 10.30 Loader/Backhoe..$ 14.18 performing Laborer, Utility$ 11.80 Mechanic$ 20.14 operation to which welding Work Zone Barricade Milling Machine.$ 15.54 is incidental Serviced 10.30 Motor Grader, Rough$ 16.15 Motor Grader, Fine..$ 17.49 Unlisted classifications Pavement Marking Machine$ 16.42 needed for work not Reclaimer/Pulverizer$ 12.85 included within Roller, Asphalt.$ 10.95 the scope of the Roller, Other ... $ 10.36 classifications listed may be Scraper.$ 10.61 added after Spreader Box$ 12.60 award only as provided in the labor standards contract Servicer.$ 13.98 clauses (29CFR 5.5 (a) (1) (ii)). Steel Worker (Reinforcing) ... $13.50 The body of each wage determination lists the classification and wage rates that have been found to be prevailing for the cited type(s) of construction in the area covered by the wage determination. The classifications are listed in alphabetical order of "identifiers" that indicate whether the particular rate is union or non -union. Union Identifiers An identifier enclosed in dotted lines beginning with characters other than "SU" denotes that the union classification and rate have found to be prevailing for that classification. Example: PLUM0198-005 07/01/2011. The first four letters, PLUM, indicate the international union and the four -digit number, 0198, that follows indicates the local union number or district council number where applicable, i.e., Plumbers Local 0198. The next number, 005 in the example, is an internal number used in processing the wage determination. The date, 07/01/2011, following these characters is the effective date of the most current negotiated rate/collective bargaining agreement which would be July 1, 2011 in the above example. Union prevailing wage rates will be updated to reflect any changes in the collective bargaining agreements governing the rates. 0000/9999: weighted union wage rates will be published annually each January. Non -Union Identifiers Classifications listed under an "SU" identifier were derived from survey data by computing average rates and are not union rates; however, the data used in computing these rates may include both union and non -union data. Example: SULA2004-007 5/13/2010. SU indicates the rates are not union majority rates, LA indicates the State of Louisiana; 2004 is the year of the survey; and 007 is an internal number used in producing the wage determination. A 1993 or later date, 5/13/2010, indicates the classifications and rates under that identifier were issued as a General Wage Determination on that date. Survey wage rates will remain in effect and will not change until a new survey is conducted. WAGE DETERMINATION APPEALS PROCESS 1.) Has there been an initial decision in the matter? This can be: * an existing published wage determination * a survey underlying a wage determination * a Wage and Hour Division letter setting forth a position on a wage determination matter * a conformance (additional classification and rate) ruling On survey related matters, initial contact, including requests for summaries of surveys, should be with the Wage and Hour Regional Office for the area in which the survey was conducted because those Regional Offices have responsibility for the Davis -Bacon survey program. If the response from this initial contact is not satisfactory, then the process described in 2.) and 3.) should be followed. With regard to any other matter not yet ripe for the formal process described here, initial contact should be with the Branch of Construction Wage Determinations. Write to: Branch of Construction Wage Determinations Wage and Hour Division U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 2.) If the answer to the question in 1.) is yes, then an interested party (those affected by the action) can request review and reconsideration from the Wage and Hour Administrator (See 29 CFR Part 1.8 and 29 CFR Part 7). Write to: Wage and Hour Administrator U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 The request should be accompanied by a full statement of the interested party's position and by any information (wage payment data, project description, area practice material, - etc.) that the requestor considers relevant to the issue. 3.) If the decision of the Administrator is not favorable, an interested party may appeal directly to the Administrative Review Board (formerly the Wage Appeals Board). Write to: Administrative Review Board U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 4.) All decisions by the Administrative Review Board are final. END OF GENERAL DECISION i Prevailing Wage Rates Overtime Rate The rate for overtiine (in excess of forty hours per week) shall be as required by the Fair Labor Standards Act. EXHIBIT C Prevailing Wage Rates Legal Holiday Rate The rate for legal holidays shall be as required by the Fair Labor Standards Act. SPECIFICATIONS Pate Intentionally Left Blank city 0 1i bbok TEXAS Specifications McAlister Park Cut and Fill Master Plan Storm Water Engineering December 2012 :'J ..................:...:.:1: JENNIFER. L. DAVIDEON .Q:_ 105955 .��.. TABLE OF CONTENTS DIVISION 1— GENERAL REQUIREMENTS 01020 Measurement and Payment....................................................................................................... 3 01100 Summary of Work..................................................................................................................... 1 01300 Submittals..................................................................................................................................1 01356 Storm Water Pollution Prevention Plan(SWP3)...................................................................... 2 01500 Temporary Facilities and Controls............................................................................................ 2 01630 Substitutions and Product Options............................................................................................ 2 01700 Contract Closeout...................................................................................................................... 2 DIVISION 2 — SITE WORK 02200 Gabion Mattresses..................................................................................................................... 3 02279 Articulated Concrete Block Mattresses for Erosion Control ..................................................... 7 02300 Earthwork..................................................................................................................................4 02900 Turfgrass Lawns........................................................................................................................ 4 McALISTER PARK CUT/FILL TABLE OF CONTENTS 2 12/2012� r; _i SECTION 01020 MEASUREMENT AND PAYMENT PART 1- GENERAL 1.1 ' SCOPE A. This section covers the method of measurement and payment of the items required for the construction of the project. The unit price bid on each item stated in the Bid Form shall include furnishing all labor, superintendence, machinery, materials, equipment and incidentals necessary to complete the various items of work in accordance with the plans and specifications. Cost of work or materials shown on the plans and called for in the specifications for which no separate payment is made shall be included in the bid price for the various pay items. Payment will not be made for any item that is not complete, including all associated incidental work. Only those items indicated on bid documents and plan sheets will be included for construction and payment. 1.2 EARTHWORK A. Measurement will be made, in cubic yards, of excavation and fill. B. Payment will be made at the unit price bid per cubic yard. The quantity eligible far payment shall be the number of cubic yards of earthwork in accordance with the plans and specifications. This item includes but is not limited to the excavation and grading to the lines, grades and typical cross -sections shown on the plans or as directed. C. The unit price bid shall be complete compensation for the earthwork, complete in place, and shall include any and all borrow material, subgrade preparation density control, compaction, testing and any incidental work required to complete the work. Dispose of excess material in accordance with applicable federal, state and local regulations. Drainage pathways need to be provided at all times during the project. 1.3 STORM WATER POLLUTION PREVENTION PLAN A. Measurement will be made by the month. B. Payment will be made on a monthly basis for the Storm Water Pollution Prevention Plan. Monthly payment will be made on a pro-rata basis as a percentage of the construction contract duration. Payment shall not be made for this item where the Owner determines a lack of evidence that storm water pollution prevention measures were used, or that the measures installed do not meet the requirements of the plans. No additional payments will be allowed where storm water pollution prevention is required because of work being remedied due to not meeting the requirements of the plans and specifications. C. The unit price bid shall include fumishing and installing all materials, filing Notice of Intent/Termination forms, inspections, maintenance, silt fences, sand bags, diversion swales and any other measure and/or incidentals required for compliance with TPDES Permit. 1.4 AREA i AND AREA 2 EROSION CONTROL The approved list of methods and materials are listed: A. TURF REINFORCEMENT MAT i. Measurement will be made by the square foot. 2. Payment will be made at the unit price bid per square foot. 3. This item includes but is not limited to materials, equipment, labor, toots, installation in McALISTER PARK CUT/FILL MEASUREMENT AND 12/2012 PAYMENT 01020 - 1 accordance with manufacturer's instructions, and all other items necessary and incidental to the work B. ARTICULATED CONCRETE BLOCK MATTRESSES AND GEOTEXTILE FABRIC 1. Measurement will be made by the square foot. 2. Payment will be made at the unit price bid per square foot for articulated concrete block mattresses, complete in place in accordance with the plans and specifications. The quantity eligible for payment will be the square footage of articulated concrete block mattresses installed in accordance with the plans and specifications. This item shall include but is not limited to articulated concrete block mattresses, geotextile fabric, and any other materials, anchorages, labor, equipment, and superintendence necessary to install the mattresses. Material overlaps shall be in accordance with manufacturer requirements and will be considered incidental to this item. 3. This item includes but is not limited to materials, equipment, labor, tools, installation in accordance with manufacturer's instructions, and all other items necessary and incidental to the work. C. GABION MATTRESS 1. Measurement will be made by the square foot. 2. Payment will be made at the unit bid price per square foot for gabion mattresses, complete in place in accordance with the plans and specifications. This item shall include but is not limited to gabion mattresses, geotextile fabric, and any other materials, anchorages, labor, equipment, and superintendence necessary to install the mattresses. 3. This item includes but is not limited to materials, equipment, labor, tools, installation in accordance with manufacturer's instructions, and all other items necessary and incidental to the work. 1.5 AREA 3-STOCKPILE REMOVAL A. Measurement will be made, in cubic yards, of excavation and fill. B. Payment will be made at the unit price bid per cubic yard. The quantity eligible for payment shall be the number of cubic yards in accordance with the plans and specifications. This item includes but is not limited to the excavation and grading to the lines, grades and typical cross -sections shown on the plans or as directed. C. The unit price bid shall be complete compensation for the earthwork, complete in place, and shall include any and all borrow material, subgrade preparation density control, compaction, testing and any incidental work required to complete the work. Dispose of excess material in accordance with applicable federal, state and local regulations. Drainage pathways need to be provided at all times during the project. 1.6 SEED A. Measurement will be made by the pound. B. Payment will be made by the unit price bid for the seed as specified delivered to a location designated by the Project Engineer. The quantity eligible for payment shall be the number of pounds of seed furnished and delivered in accordance with the plans and specifications. C. The unit bid price shall include seed and delivery to the specified location. McALISTER PARK CUT/FILL MEASUREMENT AND 01020 - 2 12/2012 PAYMENT 0 BROADCAST SEEDING A. Measurement will be made by the acre. B. Payment will be made at the unit price bid for seeding as specified, furnished, installed and properly maintained. The quantity eligible for payment shall be the number of square yards of seeding furnished, installed and maintained in accordance with the plans and specifications. Partial payment can be requested for this item. After the installation of the vegetation restoration measures, a request can be made for up to 60% of the total payment accrued. After the Engineer detenmines that the vegetation has been established, a request for the remaining 40% can be made. No additional payment will be made under this item for work that is being replaced due to noncompliance with the contract documents or for inadequate maintenance. The limit of measurement will be the total of the dedicated right-of-way plus the temporary construction easement. C. The unit bid price shall include furnishing seed, fertilizer, top soil preparation and watering until Engineer determines that grass is established, all materials, equipment, labor, tools, and incidentals, planted in place. Re -vegetation for stabilization of other disturbed areas exceeding the limits above will be considered as included in the price bid for Storm Water Pollution Prevention Plan. END OF SECTION McALISTER PARK CUT/FILL MEASUREMENT AND 01020 - 3 12/2012 PAYMENT SECTION 01356 STORM WATER POLLUTION PREVENTION PLAN (SWP3) PART I -GENERAL 1.1 GENERAL A. The Contractor shall implement the Storm Water Pollution Prevention measures specified in the Storm Water Pollution Prevention Plan (SWP3) in a manner which will meet the requirements of the Texas Pollution Discharge Elimination System (TPDES) General Permit No. TXR150000. The Contractor shall be responsible for any fines or penalties assessed by the appropriate regulatory agency for failure to make required inspections, failure to properly document those inspections, failure to adequately implement and adjust the storm water pollution prevention measures specified in the SWP3 to adequately control pollutants, and/or any other fines or penalties assessed by COL, TCEQ or EPA for failure to comply with any part of the permit requirements. The Contractor shall submit a Notice of Intent and a Notice of Termination independently of the Owner. B. Fines levied against the Owner by the TCEQ or EPA for the Contractor's failure to comply with and maintain the SWP3 shall be paid by the Contractor. C. Storm water must be adequately routed during construction operations in the same general direction as currently occur. 1.2 EROSION AND SEDIMENT CONTROLS A. General 1. Structural measures shall be implemented to divert flows from exposed soils, temporarily store flows, or otherwise limit run-off and the discharge of pollutants from exposed areas of the site. Structural practices shall be implemented as specified in the SWP3 and in a timely manner during the construction process to minimize erosion and sediment run-off. B. Stabilized Ingress/Egress I . Stabilized access to and from the construction site shall be installed as soon as practical in the locations as shown on the location map. 2. In all cases, Contractor shall ensure that any soil tracked off -site is cleaned from existing roads, alleys, and any adjacent properties as soon as possible. The Contractor or other responsible party shall check for any pollutants (mud, silt, sand, cement, construction materials, etc.) tracked or washed off -site and perform necessarxclean-up measures at the end of each work day. C. Silt Fences/Diversion Berms 1. The Contractor shall provide silt fences and/or diversion berms as a temporary structural practice to minimize erosion and sediment runoff. Silt fences and/or diversion berms shall be properly installed to effectively retain sediment immediately after completing each phase of work where erosion would occur in the form of sheet and rill erosion (e.g. clearing and grubbing, excavation, embankment, and grading). D. Sand/Gravel Bags I . The Contractor may provide sand/gravel bags as a temporary structural practice to minimize erosion and sediment runoff. Bags shall be properly placed to effectively retain sediment immediately after completing each phase of work (e.g., clearing and grubbing, excavation, embankment, and grading) in each independent runoff area No T11 McALISTER PARK CUT/FILL STORM WATER POLLUTION 01356 - 1 1 12/2012 PREVENTION PLAN (SWP3) 1 (e.g., after clearing and grubbing in an area between a ridge and drain, bags shall be placed as work progresses, bags shall be removed/replaced/relocated as needed for work to progress in the drainage area). Sand/gravel bags must remain in good condition, or they shall be replaced. E. Straw Wattles 1. The contractor shall provide straw wattles as a temporary structural practice to minimize erosion and sediment runoff. Straw wattles shall be properly placed after completing each phase of work where erosion would occur. F. Site Stabilization 1. Contractor shall disturb the least amount of site area as possible. 2. Stabilization measures may include, but are not limited to, any of the following measures: a. Temporary or permanent seeding or sodding. b. Mulching. c. Geotextiles. d. Vegetative buffer strips. e. Paving. 3. Stabilization measures shall be implemented in accordance with the SWP3. - PART 2 - PRODUCTS 2.1 COMPONENTS FOR EROSION CONTROLS A. Products shall conform to industry accepted standards. B. Products shall be installed according to manufacturer's specifications. PART 3 - EXECUTION 3.1 STORM WATER POLLUTION PREVENTION PLAN { �- A. The SWP3 will be provided by the Contractor. Contractor must keep a copy of the SWP3 on site at all times. B. Submit SWP3 to Storm Water Management 10 days prior to beginning construction. C. No work will be permitted until NOI is filed and SWP3 is approved by Storm Water Management. D. Contractor shall maintain SWP3 in accordance with the TPDES permit to ensure that the SWP3 reflects current project conditions and remains in compliance with the TPDES permit. E. A completed Notice of Termination (NOT) form must be submitted prior to finalization of this contract. F. The Contractor shall furnish Owner with copy of NOI and NOT. END OF SECTION McALISTER PARK CUT/FILL STORM WATER POLLUTION 01356 - 2 12/2012 PREVENTION PLAN (SWP3) SECTION 01500 TEMPORARY FACILITIES AND CONTROLS 1.1 REQUIREMENTS INCLUDED A. Furnish, install and maintain temporary utilities and facilities required for construction; remove on completion of Work. 1.2 REQUIREMENTS OF REGULATORY AGENCIES A. Comply with National Electric Code. B. Comply with federal, state and local codes and regulations and with utility company requirements. 1.3 FIELD OFFICE A. The Contractor may furnish a job office on site. Upon completion of the work, the office shall be removed from the premises. The Contractor shall examine the site plan before locating the office and shall not place it within five (5') feet of any underground lines. The job office shall located 2' above the 100 year flood elevation. Owner's approval is required on final location of field office. 1.4 STORAGE SHEDS A. The Contractor may provide on the premises at convenient locations with respect to building construction areas, suitable watertight storage sheds for storage of materials, equipment, and tools which might be damaged by exposure to the weather,nand shall maintain same in good condition, and shall remove same when no longer needed, or shall relocate same from time to time where preliminary location might interfere with subsequent work. 1.5 FENCING A. The Contractor may provide job shack and storage fencing a minimum of six (6') feet in height. The fence will be complete with sliding or swinging gates with necessary hardware and padlock. Provide two (2) keys for the Owner's use. Remove fencing and fill posts holes upon completion of work. All fencing shall be provided with fire gates as necessary for emergency access. 1.6 POWER AND LIGHT A. The Contractor may install a temporary power service line. The Contractor shall be responsible for all incurred cost. 1.7 SANITARY FACILITIES A. The Contractor shall provide toilet facilities for the use of all persons employed on the job. He shall post notices, take such precautions as may be necessary, remove any refuse deposited in or about the building, and maintain the premises in a sanitary condition. 1.8 STORAGE AND STOCKPILE OF TOPSOIL A. All dirt excavated during the construction process shall be stockpiled as directed by the Project Engineer. McALISTER PARK CUTIFILL TEMPORARY FACILITIES AND 01500 - 1 12/2012 CONTROLS 1.9 DE -WATERING A. Surface or subsurface water or other fluid shall not be permitted to accumulate in excavations under or adjacent to any structures. Should such conditions develop, water and other fluids shall be controlled and disposed of by means of temporary pumps, piping, drain lines, ditches, dams, or other approved methods. r 1.10 BARRICADES A. Barricades and Protective Measures. The Contractor shall be responsible for the protection of unfinished work. The Contractor shall, at his own expense, furnish and erect such barricades, fences, Iights, and danger signals. He shall also take such other precautionary measures for the protection of persons, property, and the work as may be necessary. B. The Contractor shall be responsible for all damage to the work due to failure of barricades, signs, and lights to protect it. When damage is incurred, the damaged portion shall be immediately removed and replaced by the Contractor at his own cost and expense. The Contractor shall be responsible for maintenance of barricades, signs, and lights until the Owner -issues the "Certificate of Acceptance" for the project. 1.11 TRAFFIC CONTROL A. The Contractor shall be responsible for any needed traffic control and safety during construction. The Contractor shall meet all City requirements for public safety, barriers, and traffic control. The Contractor shall coordinate with the City of Lubbock during necessary street control. 1.12 REMOVAL OF TEMPORARY FACILITIES A. When any temporary facility is no longer needed for the proper conduct of the work, the Contractor shall completely remove it from the project and shall repair or replace any l material, equipment, or finished surface damaged by doing so. 1.13 TEMPORARY FIRE PROTECTION A. Provide and maintain temporary fire protection during construction in accordance with requirements of the local Fire Protection Code. 1.14 PARKING FACILITIES A. Restrict parking of construction personnel vehicles to areas designated on Drawings or as directed by Owner. END OF SECTION McALISTER PARK CUT/FILL TEMPORARY FACILITIES AND 01500 - 2 12/2012 CONTROLS SECTION 01630 SUBSTITUTIONS AND PRODUCT OPTIONS 1.1 REQUIREMENTS INCLUDED A. Furnish and install Products specified, under conditions for options and substitutions stated in this Section. 1.2 SUBSTITUTION PROCEDURE A. After the Bid Date: The Project Engineer will consider formal written requests from Contractor for substitution of products in place of those specified only when submitted in accordance with the requirements of this Section. One or more of the following conditions must be documented. 1. The substitution must be required for compliance with final interpretation of code requirements of insurance regulations. 2. The substitution must be due to the unavailability of the specified products, through no fault of the Contractor. Long delivery period will not qualify as unavailability. 3. The substitution may be requested when subsequent information discloses the inability of the specified products to perform properly or to fit in the designated space. 4. The substitution may be due to the manufacturer or fabricator's refusal to certify or guarantee performance of the specified product as required. 5. The substitution may be requested when it is clearly seen, in the judgment of the Project Engineer that a substitution would be substantially to the Owner's best interests in terms of cost, time or other considerations. B. Submit a separate request for each substitution. Support each request with the following; 1. Complete data substantiating compliance of proposed substitution with requirements stated in Contract Documents: a. Product identification, including manufacturer's name and address. b. Manufacturer's literature. c. Samples, as applicable. d. Name and address of similar projects on which product has been used, and date of each installation. 2. Itemized comparison of the proposed substitution with product specified; list significant variations. 3. Data relating to changes in construction schedule. 4. Any effect of substitution on separate contracts. 5. List of changes required in other work or Products. 6. Accurate cost data comparing proposed substitution with product specified. 7. Amount of any net change to Contract Sum. 8. Designation of required license fees or royalties. 9. Designation of availability of maintenance services, sources of replacement materials. C. Substitutions will not be considered for acceptance when: They are indicated or implied on shop drawings or product data submittals without a formal request from the Contractor. They are requested directly by a subcontractor or supplier. WALISTER PARK CUT/FILL SUBSTITUTIONS AND 01630 -1 12/2012 PRODUCT OPTIONS Acceptance will require substantial revision of Contract Documents. D. Substitute products shall not be ordered or installed without written acceptance of the Project Engineer, Owner's Representative and/or Owner. E. Project Engineer, Owner's Representative and/or Owner will determine acceptability of proposed substitutions. 1.3 CONTRACTOR'S REPRESENTATION In making a formal request for substitution, the Contractor represents that: He has investigated proposed product and has determined that it is equal to or superior in all respects to that specified. He will provide same warranties or bonds for substitution as for products specified. He will coordinate installation of accepted substitution into the Work, and will make such changes as maybe required for the Work to be complete in all respects. He waives claims for additional costs caused by substitution that may subsequently become apparent. 1.4 PROJECT ENGINEER DUTIES A. Review Contractor's requests for substitutions with reasonable promptness. B. Notify Contractor, in writing, of decision to accept or reject requested substitution. END OF SECTION McALISTER PARK CUTIFILL SUBSTITUTIONS AND 01630 - 2 12/2012 PRODUCT OPTIONS SECTION 01700 CONTRACT CLOSEOUT PART 1- GENERAL 1.1 CLOSEOUT PROCEDURES A. Submit written certification that Contract Documents have been reviewed, work has been inspected, and that work is complete in accordance with Contract Documents and ready for Project Engineer's inspection. B. Submit final Application for Payment identifying total adjusted Contract Sum, previous payments, and sum remaining due. 1.2 FINAL CLEANING A. Execute final cleaning prior to final inspection. B. Clean site; sweep paved areas. C. Remove waste and surplus materials, rubbish, and construction facilities from the site. 1.3 PROJECT RECORD DOCUMENTS A. Maintain on site, one set of the following record documents; record actual revisions to the Work: 1. Contract Drawings. 2. Specifications. 3. Addenda. 4. Change Orders and other Modifications to the Contract. 5. Reviewed shop drawings, product data, and samples. B. Store Record Documents separate from documents used for construction. C. Record information concurrent with construction progress. D. Specifications: Legibly mark and record at each Product section description of actual Products installed, including the following: 1. Manufacturer's name and product model and number. 2. Product substitutions or alternates utilized. 3. Changes made by Addenda and Modifications. E. Shop Drawings: Legibly mark each item to record actual construction including: 1. Measured horizontal and vertical locations of underground utilities and appurtenances, referenced to permanent surface improvements. 2. Field changes of dimension and detail. 3. Details not on original Contract Drawings. 4. Changes made by addenda and modification. F. Provide As -Built information in manner approved by Project Engineer. 1. As -Built Record Survey 2. Density report with location map. 1.4 WARRANTY A. Provide duplicate notarized copies. B. Execute and assemble documents from Subcontractors, suppliers, and manufacturers. C. Submit prior to final Application for Payment. D. For items of Work delayed beyond date of Substantial Completion, provide updated McALISTER PARK CUT/FILL CONTRACT CLOSEOUT 01700 - 1 12/2012 submittal within ten days after acceptance, listing date of acceptance as start of warranty period. E. Provide Affidavit of Bills Paid as required by General Contract Conditions and Owner. PART 2-PRODUCTS Not Used PART 3 - EXECUTION Not Used END OF SECTION McALISTER PARK CUT/FILL CONTRACT CLOSEOUT 01700-2 12/2012 ITEM 2200 GABION MATTRESSES PART I -GENERAL 1.1 SUMMARY A. The Contractor shall furnish all labor, materials, equipment, and incidentals required and perform all operations in connection with the installation of cellular concrete mattresses in accordance with the lines, grades, design and dimensions shown on the Contract Drawings and as specified herein. B. Gabion Mattress. A wire fabric or mesh container filled with stone and with a height of 6, 9, or 12 in. Referred to as "revet mattress" in ASTM A 975. Furnish welded wire gabion mattresses in accordance with ASTM A 974. Furnish Style 1 or 2 when galvanized wire coating is specified or Style 5 when PVC wire coating is specified. Furnish twisted wire gabion mattresses in accordance with ASTM A 975. Furnish Style 1 when galvanized wire coating is specified. 1.2 SUBMITTALS A. Furnish producer or supplier certification that wire baskets, stiffeners, lacing wire, and spiral connectors conform to the applicable ASTM specification. If alternative wire fasteners are proposed, furnish producer or supplier certification that the fasteners conform to the strength requirements in Table 1 when tested in accordance with the applicable ASTM specification. B. Submit certification for approval before beginning work. PART2-PRODUCTS 2.1 MATERIALS GABION MATTRESS A. Minimum Panel -to -Panel Connection Strength galvanized and PVC -coated 700 lb/ft. B. Provide filler stone consisting of clean, hard, durable stone that does not contain shale, caliche, or other soft particles. Stone appearing to contain such particles will be tested for soundness. Stone with 5-cycle magnesium sulfate soundness of more than 25% when tested in accordance with ASTM C-88 will be rejected. Use stones that are between 3 and 6 in. for gabion mattresses. Prevent contamination when storing and handling stone. C. Provide Type 2 filter fabric when required in accordance with DIMS-6200, "Filter Fabric." Provide fitter material when required consisting of hard, durable, clean sand or gravel with a maximum particle size of 3/8 in. PART 3 EXECUTION 3.1 CONSTRUCTION. A. At the start of construction, the gabion mattress manufacturer must have a qualified representative available for consultation as needed throughout the gabion mattress construction. B. Foundation Preparation. Excavate the foundation to the extent shown on the plans or as directed. Remove all loose or otherwise unsuitable materials. Carefully backfill all depressions to grade with suitable materials from adjacent required excavation or another approved source, and compact the backfill to a density at least equal to that of the adjacent foundation. Remove any buried debris protruding from the foundation that will impede the proper McALISTER PARK CUT/FILL GABION MATTRESS 02200 - 12/2012 installation and final appearance of the gabion mattress, and carefully backfill and compact voids as specified above. Immediately before gabion placement, have the Engineer inspect the prepared foundation surface. C. Filter Fabric Placement. When filter fabric is required, place it as shown on the plans. Any defects, rips, holes, flaws, or damage to the material may be cause for rejection. Place the material with the long axis parallel to the centerline of the structure, highway, or dam. Place securing pins in the lapped longitudinal joints, spaced on approximately 10-ft. centers. Keep the fabric material free of tension, stress, folds, wrinkles, or creases. Lap the material at least 3 ft. along the longitudinal joint of material, or lap the joints 1 ft. and sew them. Lap the ends of rolls at joints by at least 3 ft. Repair torn or punctured fabric by placing a layer of fabric over the damaged area, overlapping at least 3 ft. beyond the damaged area in all directions. Place securing pins through both strips of material at lapped joints at approximately the midpoint of - the overlap. Place additional securing pins as necessary to hold filter fabric in position. Store filter fabric out of direct sunlight. After placing filter fabric, cover as soon as possible but within 3 days. Assembly of Mattress If PVC wire coating is specified, do not place PVC -coated materials unless the ambient temperature and the temperature of the coated wire are at least 15°F above the brittleness temperature of the PVC. Assemble empty gabion mattress units individually, and place them on the approved surface to the lines and grades shown on the plans with the sides, ends, and diaphragms erected to ensure that all creases are in the correct position, the tops of all sides are level, and all sides that are to remain exposed are straight and plumb. Fill the basket units after transporting them to their final position in the work. Place the front row of gabion or gabion mattress units first, and successively construct units toward the top of the slope or the back of the structure. Place the initial line of basket units on the prepared surface, and partially fill them to provide anchorage against deformation and displacement during subsequent filling operations. Stretch and hold 4 empty basket units as necessary to remove kinks and provide a uniform alignment. Before filling, connect all adjoining empty gabion or gabion mattress units with lacing, wire spiral binders, or approved fasteners along the perimeter of their contact surface to obtain a monolithic structure. If lacing wire is used, provide continuous stitching with alternating single and double loops at intervals of no more than 5 in. Securely fasten all lacing wire terminals. Provide connections meeting the joint strength requirements of "Materials" These requirements apply to all connections including attachment of end panels, diaphragms, and lids. Join twisted wire baskets through selvage -to -selvage or selvage -to -edge wire connection; do not use mesh -to -mesh or selvage -to -mesh wire connection except where baskets are offset or stacked, in which case join each mesh opening where mesh wire meets selvage or edge wire. D. Filling of Gabion Mattress. Carefully fill the basket units with stone, using hand placement to avoid damaging wire coating, to ensure as few voids as possible between the stones and to maintain alignment. Machine placement of stone will be allowed if approved by the Engineer. Correct excessive deformation and bulging of the mesh before further filling. To avoid McALISTER PARK CUT/FILL GABION MATTRESS 02200 - 2 1212012 localized deformation, fill the basket units in a row in stages consisting of maximum 12-in. courses; do not at any time fill a cell to a depth exceeding 1 ft. more than its adjoining cell. Do not drop stones into the basket units from a height greater than 36 in. For gabion units more than 2 ft. high, place 2 uniformly spaced internal connecting wires between each stone layer in all front and side gabion units, connecting the back and the front faces of the compartments. Loop connecting wires or preformed stiffeners around 2 twisted wiremesh openings or a welded wire joint at each basket face, and securely twist the wire terminals to prevent loosening. Along all exposed faces, carefully place the outer layer of stone and arrange it by hand to ensure a neat and compact appearance. Overfill the last layer of stone uniformly by 1 in. for gabion mattresses to compensate for future settlement in rock while still allowing for the proper closing of the lid and providing an even surface with a uniform appearance. Make final adjustments for compaction and surface tolerance by hand. E. Completing the Mattress Intallation Stretch lids tight over the stone fill, using an approved lid -closing tool, until the lid meets the perimeter edges of the front and end panels. Do not use crowbars or other single -point leverage bars for lid closing. Close the lid tightly along all edges, ends, and internal -cell diaphragms with spiral binders or lacing wire or with other wire fasteners if approved. Ensure that all projections or wire ends are turned into the baskets. Where shown on the plans or directed or where a complete gabion or gabion mattress unit cannot be installed because of space limitations, cut the basket unit and fold and wire it together to suit site conditions. Fold the mesh back and neatly wire it to an adjacent basket face. Complete the assembling, installation, filling, lid closing, and lacing of j the reshaped gabion or gabion mattress units in accordance with this Section. 1 END OF SECTION McALISTER PARK CUTIFILL GABION MATTRESS 02200 - 3 12/2012 Ll SECTION 02279 ARTICULATED CONCRETE BLOCK MATTRESSES FOR EROSION CONTROL PART 1- GENERAL 1.1 SUMMARY A. The Contractor shall furnish all labor, materials, equipment, and incidentals required and perform all operations in connection with the installation of cellular concrete mattresses 4 in accordance with the lines, grades, design and dimensions shown on the Contract Drawings and as specified herein. B. This is for Armor Flex product or approved equal. 1.2 SUBMITTALS A. Shop Drawings. At least 30 days prior to the start of any installation of the cellular concrete mats, the Contractor shall submit to the Project Engineer shop drawings for the layout and details of the cellular concrete mats. The cellular concrete mats layout shall be to the lines and grades shown on the drawings. The shop drawings shall include layout, layout sequence, anchor details, mat junction details, anchor to mat connection details, and details for grade change. B. Representative Samples. The sources from which the Contractor proposes to obtain materials shall be selected well in advance of the time when the materials will be required in the work. Product literature and suitable samples of the cellular concrete mattresses, cable, fittings, anchors and filter fabric shall be submitted to the Project Engineer for approval, prior to delivery of any such material to the site of the work. All samples shall be obtained by the Contractor and delivered at his expense to the project site at least 14 calendar days in advance of the time when the placing of the concrete mattresses is expected to begin. The contractor shall submit the cellular concrete block revetment system manufacturer's certification that the revetment system and components meet the requirements of this specification. C. Documentation of Testing. The contractor shall provide to the owner test results documenting that the revetment system has been tested under controlled flow conditions for hydraulic performance characteristics in accordance with FHWA-RD-89-199, utilizing a 2:1 slope in the direction of flow, as well as other calculations and testing in support of the proposed concrete block mattress system and geotextile. D. Manufacturer Certificates of Compliance. The Contractor shall furnish the manufacturer's certificates of compliance for cellular concrete mattresses, revetment cable, and any revetment cable fittings and connectors. 1. The Contractor shall also fumish the manufacturer's specifications, literature, and any recommendations, if applicable, that are specifically related to the project. 2. Cellular concrete mattresses will only be accepted when accompanied by documentedhydrauiic performance characteristics that are derived from tests under controlled flow conditions. Testing guidelines shall conform to U.S. Federal Highway Administration and U.S. Bureau of Reclamation Testing Protocol as documented in "Minimizing Embankment Damage During Overtopping Flow", Report No. FHWA-RD-88-181 and all hydraulic performance testing shall be performed in a 2H:1 V flume. 1.3 REFERENCES A. AMERICAN SOCIETY FOR TESTING AND MATERIALS (ASTM) 1. ASTM C 33 — Concrete Aggregates. 2. ASTM C 150 — Portland Cement. McALISTER PARK CUTIFILL ARTICULATED CONCRETE BLOCK 02279 - 1 12/2012 MATTRESSES FOR EROSION CONTROL 3. ASTM C 207 — Hydrated Lime Types. 4. ASTM C 595 — Blended Hydraulic Cements. 5. ASTM C 618 — Fly Ash and Raw or Calcined Natural Pozzolans for use in Portland Cement Concrete. 6. ASTM D 3786 - Hydraulic Bursting Strength of Knitted Goods and Nonwoven Fabrics: Diaphragm Bursting Strength Tester Method. 7. ASTM D 4354 - Sampling of Geosynthetics for Testing. 8. ASTM D 4355 - Deterioration of Geotextiles from Exposure to Ultraviolet Light and Water (Xenon -Arc Type Apparatus). 9. ASTM D 4491 - Water Permeability of Geotextiles by Permittivity. 10. ASTM D 4533 - Trapezoid Tearing Strength of Geotextiles. 11. ASTM D 4632 - Grab Breaking Load and Elongation of Geotextiles. 12. ASTM D 4751- Determining Apparent Opening Size of a Geotextile. 13. ASTM D 4759 - Determining the Specification Conformance of Geosynthetics. 14. ASTM D 4833 - Index Puncture Resistance of Geotextiles, Geomembranes, and Related Products. 15. ASTM D 4873 - Identification, Storage, and Handling of Geosynthetic Rolls. 16. ASTM D 6684 = Materials and Manufacture of Articulating Concrete Block (ACB) Revetment Systems. 17. ASTM D 6884 — Standard Practice for Installation of Articulating Concrete Block (ACB) Revetment Systems. B. FHWA—RD-88-181 C. TEX 616-J — Testing Construction Fabrics. D. TEX 735-I —Sampling Construction Fabrics. PART 2-PRODUCTS 1.1 MATERIALS FOR CELLULAR CONCRETE BLOCKS 2.2 A. Concrete shall conform to ACI requirements for normal weight concrete and shall conform to the requirements prescribed below: CLASS TYPE BLOCK WEIGHT BLOCK SIZE OPEN AREA % Lbs./Sq.ft Length Inches Width Inches Height Inches SOS Open 45-52 45-53 13 11.6 6 20 Compressive Strength Net Area Min. p.s.I. (mPa) Water Absorption Max.lb/ft3 m3 Avg. of 3 units Individual Unit Avg. of 3 units Individual Unit 4,000 (27.6) 3,500 (24.1) 9.1(160) 1.7 (192) Testing in accordance with ASTM D 6684. CELLULAR CONCRETE BLOCKS A. Cellular Concrete Blocks shall be either wet or dry cast as specified herein, or formed by a vibratory block forming machine. Cellular concrete blocks shall be interlocking; and penetrations shall be included for revetment cables as necessary to bind the individual WALISTER PARK CUT/FILL ARTICULATED CONCRETE BLOCK 02279 - 2 12/2012 MATTRESSES FOR EROSION CONTROL [I blocks into mattresses in both the longitudinal and transverse directions. Cable penetrations shall prevent any exposure of cables to potential W degradation within the dimensions of the individual blocks (i.e., cables shall not pass through open areas within the dimensions of individual blocks). The blocks shall be open or closed cell, as shown in the plans, and capable of articulation when formed into mattresses. The mats must be able to flex a minimum of IS* between any given row or column of blocks in the uplift direction and a minimum of 450 in the downward direction. B. Polyester Revetment Cable and Fittings. 1. Revetment cable shall be constructed of high tenacity, low elongating, and continuous filament polyester fibers. Cable shall consist of a core construction comprised of parallel fibers contained within an outer jacket or cover. The weight of the parallel core shall be between 65% to 70% of the total weight of the cable. The revetment cable shall have the following physical properties: POLYESTER CABLE Nominal Cable Dia. Approx. Ave. Strength Weight per Length in. Lbs { Lbs / 100ft k m) 1/4 3,000 13.3 2.2 0.03 5/16 7,000 31.1 4.4 0.07 3/8 10,000 44.5 5.5 0.08 1/2 15,000 66.7 9.7 1 0.14 1 2. Elongation requirements specified below are based upon stabilized new, dry cable. Stabilization refers to a process in which the cable is cycled fifty (50) times between a load corresponding to 200D2 and a load equal to 10%, 20% or 30% of the cable's approximate average breaking strength. Relevant elongation values are as shown in the table below. The tolerance on these values is + 5%. ELASTIC ELONGATION at Percenta a of Break Strength 100/0 20% 30% 0.6 1.4 2.2 3. The revetment cable shall exhibit resistance to most concentrated acids, alkalis and solvents. Cable shall be impervious to rot, mildew and degradation associated with marine organisms. The materials used in the construction of the cable shall not be affected by continuous immersion in fresh or salt water. 4. Selection of cable and fittings shall be made in a manner that insures a safe design factor for mats being lifted from both ends, thereby forming a catenary. Consideration shall be taken for the bending of the cables around hooks or pins during lifting. Revetment cable splicing fittings shall be selected so that the resultant splice shall provide a minimum of 60% of the minimum rated cable strength. Fittings such as sleeves and stops shall be aluminum and washers shall be stainless steel unless otherwise shown on the Contract Drawings. 5. The cables inserted into the mats shall form lifting loops at one end of the mat with the corresponding cable ends spliced together to form a lifting loop at the other end of the mat. The Engineer shall approve appropriate sleeves for use in order to splice the MCALISTER PARK CUT/FILL ARTICULATED CONCRETE BLOCK 02279 - 3 12/2012 MATTRESSES FOR EROSION CONTROL lifting loop. The cables shall be inserted after sufficient time has been allowed for the concrete to complete the curing process. C. Geotextile Fabric. I. The cellular concrete mats shall be placed on a filter fabric as specified herein. Under no circumstances shall the filter fabric be affixed (i.e. chemically bonded to the blocks) to the mattress in a manner which would jeopardize the functionality of the filter fabric. Specifically, the filter fabric shall be independent of the block system. 2. Geotextile shall conform to Texas Department of Transportation Geotextile Performance Requirements (Type 2) and shall be of type US Fabrics 38ONW non -woven, or approved equal, typical equivalent sieve opening equal to 100. 3. The fabric shall be constructed exclusively of manmade thermoplastic fibers; shall be a non -woven geotextile fabric, and shall farm a mat of uniform quality. 4. Fabric fibers may be continuous and oriented in a random pattern throughout the fabric. 5. The fabric shall be mildew resistant, rot -proof and shall be satisfactory for use in a wet soil and aggregate environment. 6. Packaging Requirements a. The fabric shall be packaged in rolls of the length and width specified. b. The fabric itself shall be uniformly wound onto suitable cylindrical forms or cores to aid in handling and unrolling. c. Each roll of fabric and the form or core upon which it is rolled shall be packaged individually in a suitable sheath, wrapper or container to help protect the geotextile from damage due to ultraviolet light and moisture during normal storage and handling. 7. Tagging or Labeling a. Each roll shall be identified by a tag or label securely affixed to the outside of the roll on one end. This tag or label must list the following required information (examples of each are shown in parentheses): 1) A unique roll number, serially designated (Roll No. 31275). 2) Manufacturer's lot number or control numbers, if any (Lot 290, control 6750). 3) Name of fabric manufacturer (Afghan Fabrics). 4) Date of Manufacture (Jan. 16, 1987). 5) Brand name of the product ("Fabriweld"). 6) Manufacturer's style or catalog designation of the fabric, if any ("300-X"). 7) Roll width in inches (Width —150 inches). 8) Roll length in yards (Length —100 yards). 9) 9) Gross weight in pounds of entire package which is to include fabric core, wrapping and sheath or container identification tag, etc. (Gross —147 pounds). 10) Tare weight in pounds of core, wrapping, sheath or container identification tag, etc. (Tare —18 pounds). 11) Net weight in pounds of fabric alone (Net Weight —129 pounds). D. Bedding shall be obtained from the designated sources and shall be selected to meet the quality and grading requirements of this specification. E. ArmorFlex product or approved equal. 2.3. VISUAL INSPECTION A. All units shall be sound and free of defects that would interfere with either the proper placement of the unit or impair the performance of the system. Surface hairline cracks incidental to the usual methods of manufacture, or surface chipping resulting from customary methods of handling in shipment and delivery, shall not be deemed grounds McALISTER PARK CUTIFILL ARTICULATED CONCRETE BLOCK 02279 - 4_ 1212012 MATTRESSES FOR EROSION CONTROL for rejection. B. Cracks exceeding 0.05 inches in width and/or 1.0 inch in depth shall be deemed grounds for rejection. C. Chipping resulting in a weight loss exceeding 10% of the average weight of an individual block shall be deemed grounds for rejection. D. Blocks rejected at the job site shall be repaired with structural grout or replaced at the expense of the Contractor, as directed by the Project Engineer. 2.4 TESTING A. The Project Engineer shall be accorded proper access to facilities to inspect and sample the units at the place of manufacture from lots ready for delivery. B. Field installation procedures shall comply with the procedures utilized during the hydraulic testing procedures of the recommended system. All system restraints and ancillary components (such as synthetic drainage mediums) shall be employed as they were during testing. For example, if the hydraulic testing installations utilize a drainage layer then the field installation must utilize a drainage layer; an installation without the drainage layer will not be permitted. The drainage layer, if requested by the manufacturer, shall be furnished and installed by the Contractor at no additional compensation whether or not shown on the Engineer's plans PART 3 EXECUTION 3.1 SUBGRADE PREPARATION A. The subgrade surfaces, anchor trenches, and/or toe trenches on which the articulated concrete block mattresses and filter fabric are to be placed shall be cut or filled and graded to the lines and grades shown on the drawings. When fill to subgrade lines is required, it shall consist of approved materials and shall conform to the requirements of the specified class of fill in Section 02300 - Earthwork. Subgrade shall be compacted to 95% Standard Proctor density, according to ASTM D698, for a depth of six inches. B. The slope shall be graded to a smooth plane surface free of slope deformities, roots, grade stakes, and stones which project normal to the local slope face to ensure that intimate contact is achieved between the slope face and the geotextile (filter fabric), and between the geotextile and the entire bottom surface of the cellular concrete blocks. No holes, "pockmarks", slope board teeth marks, footprints, or other voids greater than 0.5 inch in depth normal to the local slope face shall be permitted. No grooves or depressions greater than 0.5 inch in depth normal to the local slope face with a dimension exceeding 1.0 foot in any direction shall be permitted. The anchor trench hinge -point at the top of the slope shall be graded uniformly to assure intimate contact between all cellular concrete blocks and the underlying grade at the hinge -point. 3.2 GEOTEXTILE A. Geotextile shall be spread uniformly on the prepared subgrade surfaces. B. Sampling and Testing Requirements 1. Samples for testing purposes shall be taken in accordance with Test Method "Tex-735-I, Sampling Construction Fabrics" 2. Testing shall be in accordance with Test Method "Tex-616-3, Testing Construction Fabrics." C. Basis for Rejection. 1. Should any individual sample selected at random from 100 rolls, or fraction thereof, fail to meet any specification requirement, then that roil shall be rejected and two (2) additional samples shall be taken, one (1) from each of two (2) other additional rolls selected at random from the same 100-roll lot, or fraction thereof. WALISTER PARK CUT/FILL ARTICULATED CONCRETE BLOCK 02279 - 5 1212012 MATTRESSES FOR EROSION CONTROL 2. If either of these two (2) additional samples fail to comply with any portion of the specification, then the entire quantity of rolls, represented by that sample shall be rejected. 3.3 CELLULAR CONCRETE MATTRESSES A. The cellular concrete blocks will be placed on prepared subgrade in such a manner as to produce a smooth plane surface in intimate contact. No individual block within the plane of placed cellular concrete blocks will protrude more than one-half inch or as otherwise specified by the Engineer. Cellular concrete blocks shall be flush and develop intimate contact with the subgrade section, as approved by the Engineer. B. Proposed hand placing only is to be used in limited areas, specifically identified by the Engineer. C. The cellular concrete mats will be attached to a spreader bar or other approved device to aid in the lifting and placing of the mats in their proper position by the use of a crane or other approved equipment. The equipment used shall have adequate capacity to place the mats without bumping, dragging, tearing or otherwise damaging the underlying fabric. The mats will be placed side -by -side and/or end -to -end, so that the mats abut. Mat seams or openings between mats greater than two (2) inches will be backfilled with 4000 p.s.i. non -shrink grout or 4,000 p.s.i. concrete. Mix design must be submitted to Project Engineer for review and approval. Whether placed by hand or in large mattresses, distinct changes in grade that results in a discontinuous revetment surface in the direction of flow will require backfill at the grade change location so as to produce a continuous surface. D. Termination trenches and side trenches shall be backfilled and compacted flush with the top of the blocks. The integrity of the trench backfill must be maintained so as to ensure a surface that is flush with the top surface of the cellular concrete blocks for its entire service life. Toe trenches shall be backfilled as shown on the plans. Backfilling and compaction of trenches will be completed in a timely fashion. No more than 500 linear feet of placed cellular concrete blocks with non -completed anchor and/or toe trenches will be permitted at any time. 3.4 FINISHING A. Inspection and Approval. Immediately prior to the placement of any required surface treatment, the Engineer shall inspect the installed cellular concrete mattresses for defects and/or damage. 3.5 CONTRACTOR QUALITY CONTROL A. The Contractor shall inspect for compliance with contract requirements and record the inspection of all operations including but not limited to the following, as applicable: 1. Preparation of surface to receive cellular concrete mattresses. 2. Individual concrete blocks and filter fabric soundness and free of defects. 3. Cables and fittings - breaking strength. 4. Compressive strength of concrete blocks. 5. Assembly of cellular concrete blocks bound by cables to form cellular concrete mattresses. B. Placement of mattresses and filter fabric on the prepared subgrade. C. Embedment of cables in the anchor trenches, side trenches, and toe trenches. END OF SECTION McALISTER PARK CUT/FILL ARTICULATED CONCRETE'BLOCK 02279 - 6 12/2012 MATTRESSES FOR EROSION CONTROL r tv SECTION 02300 EARTHWORK PART 1- GENERAL 1.1 SUMMARY A. Work in this section includes furnishing all labor, materials, equipment, and services required to construct, shape, and finish earthwork to the required lines, grades, and cross sections as specified herein and on the plans. PART2-PRODUCTS 2.1 SOIL MATERIALS A. Subgrade: Subgrade material shall consist of suitable native soil or off -site soil, free from vegetation or other objectionable matter. All unstable or objectionable material shall be removed from the subgrade and replaced with approved material. The material shall be suitable for forming a stable embankment and shall meet the following requirements: Liquid Limit: 45 maximum Plasticity Index: 20 maximum Linear Shrinkage: 2 min —10 max Subgrade material which does not meet the above, requirements may be conditioned with lime or caliche screenings. The conditioning shall produce a uniform subgrade material which meets all of these specified subgrade requirements. PART 3 — EXECUTION 3.1 PREPARATION A. Protect structures, utilities, sidewalks, pavements and other facilities from damage caused by settlement, lateral movement, undermining, washout and other hazards created by earthwork operations. B. Provide erosion control measures to prevent erosion or displacement of soils to adjacent properties, walkways or water bodies.' C. Soils shall not be placed on a foundation which contains frozen material, or which has been subjected to freeze -thaw action. 3.2 STRIPPING OF TOPSOIL A. Topsoil will be separately excavated, stored and used for surface finish in preparation for seeding, sodding or other planting, only where topsoil is definitely superior for grass and plant growth as compared with the remainder of the excavated material. In general, this shall be considered as the top 1 foot of excavated material. Surface soil that is heavy clay, predominantly sandy or is lean in grass -and -plant growth qualities will not be saved. 3.3 UNSUITABLE MATERIAL A. If unsuitable material is encountered during subgrade preparation regardless of how it is discovered, the Contractor shall take corrective action as directed by the Engineer. Contractor shall back fill any over excavation with suitable material and compact to 95% of Standard Proctor Density at a moisture content within 2% of optimum in accordance to ASTM D698. 31 WALISTER PARK CUT/FILL EARTHWORK 02300 - I 12/2012 3.4 GRADING A. Uniformly grade areas to a smooth surface free from irregular surface changes. Comply with compaction requirements and grade to cross -sections, lines and elevations indicated. 1. Provide a smooth transition between adjacent existing grades and new grades. 2. Cut out soft spots, fill low spots and trim high spots to comply with required surface tolerances. B. Finish grade shall allow for top of sod at one half inch below the top of concrete. Tolerance for lawn or unpaved area shall be plus or minus i inch. C. Repair and reestablish grades to specified tolerances where completed or partially completed surfaces become eroded, rutted, settled or where they lose compaction due to subsequent construction operations or weather conditions. 3.5 STORAGE OF SOIL MATERIALS A. Stockpile satisfactory excavated soil materials. Stockpile soil materials without intermixing. Place, grade, and shape stockpiles to drain surface water. Cover or spray with dust suppressant to prevent windblown dust. 1. Stockpile soil materials away from edge of excavations. Do not store within drip line of trees. 3.6 FILL A. Preparation: Remove vegetation, topsoil, debris, unsatisfactory soil materials, obstructions, and deleterious materials from ground surface before placing fills. B. Plow, scarify, bench, or break up sloped surfaces steeper than 1 vertical to 4 horizontal so fill material will bond with existing material. C. Place and compact fill material to required elevations. 3.7 MOISTURE CONTROL A. Uniformly moisten or aerate subgrade and each subsequent fill or backfill layer before compaction to within 2 percent of optimum moisture content. 1. Do not place backfill or fill material on surfaces that are muddy, frozen, or contain frost or ice. 2. Remove and replace, or scarify and air-dry, otherwise satisfactory soil material that exceeds optimum moisture content by 2 percent and is too wet to compact to specified dry unit weight. 3.8 COMPACTION OF FILLS A. Place fill materials in layers not more than 6 inches in loose depth for material compacted by heavy compaction equipment, and not more.than 4 inches in loose depth for material compacted by hand -operated tampers. B. Each layer of backfill or fill material should be compacted to a minimum of 95% of Standard Proctor Density at a moisture content within 2% of optimum. 39 TESTING A. Testing shall be performed by a commercial testing Iaboratory in accordance with American Society for Testing Materials (ASTM) standards. Owner may conduct independent testing. B. All fill materials shall be compacted to ninety-five (95) percent Standard Proctor density in accordance with ASTM D-698. WALISTER PARK CUT/FILL EARTHWORK 02300 - 2 12/2012 C. Field densities shall be determined in accordance with ASTM D-2167 (rubber balloon density method), ASTM D-1556 (sand cone density method) or ASTM D- 2922 (nuclear density method). D. Four (4) field densities shall be taken per acre of fill material, and densities shall be taken for each six-inch compacted depth, or portion thereof, of succeeding depths of fill material. Each area of fill material less than one-half acre shall have a minimum of two (2) field densities for each six-inch depth, and areas of fill material between one-half acre and one (1) acre shall have a minimum of three (3) field densities for each six-inch depth. E. Each lift shall have a maximum compacted depth of six (6) inches. F. The field densities shall be taken in such a manner as to be a representative sampling of the six-inch depths. The location of the tests shall be proportionately spaced to represent approximate equal areas of each acre being tested. Testing shall not occur at the same location in succeeding depths, so a representative sampling of the total fill may be obtained. G. When testing agency reports that subgrades, fills, or backfills have not achieved degree of compaction specified, scarify and moisten or aerate, or remove and replace soil to depth required; recompact and retest until specified compaction is obtained. Contractor shall be responsible for paying for failing tests conducted by Owner. Such failing tests shall include pro-rata technician time charges, pro-rata mileage expense and other pro -rated agency charges. 3.10 PROTECTION A. Protecting Graded Areas: Protect newly graded areas from traffic, and erosion. Keep free of trash, debris and excess weeds. B. Repair and reestablish grades to the specified tolerances where completed or partially completed surfaces become eroded, rutted, settled, or where they lose compaction due to subsequent construction operations or weather conditions. C. If additional roads are established during process of construction, then contractor shall remove evidence of road and repair to preproject conditions. D. Scarify or remove and replace soil material to depth as directed by Engineer; reshape and recompact. E. Where settling occurs before Project correction period elapses, remove finished surfacing, backfill with additional soil material, compact, and reconstruct surfacing. 1. Restore appearance, quality, and condition of finished surfacing to match adjacent work, and eliminate evidence of restoration to the greatest extent possible. 3.11 DISPOSAL OF SURPLUS AND WASTE MATERIALS A. Remove surplus satisfactory soil and waste material, including unsatisfactory soil, trash, and debris, and legally dispose of it off Owner's property. B. The surplus material shall not be disposed of in any lake areas either outside or inside the city limits. C. Submit a copy of written permission from property owner, along with description of property, prior to disposal of excess material to said property. Submit a written and signed release from property owner upon completion of disposal work. Both written permission and signed release shall include hold -harmless clauses naming the City of Lubbock, Texas as the entity to be held harmless in any subsequent legal proceeding. Both property permissions and signed releases shall be attested to by a notary public. WALISTER PARK CUT/FILL EARTHWORK 02300 - 3 12/2012 t D. Excess material may be disposed at the West Texas Region Disposal Facility. There may be a tipping fee for construction debris and for excess uncontaminated soil. For a complete list of fees associated with the West Texas Region disposal Facility, please go to the City's website at http•/lsolidwastc.ci.lubbock.tx.us/disposal/disfees.httn There may also be a fee per load for every truck that is not covered properly when coming to the landfill. All tipping fees shall be considered to be included in the Contractor's bid prices. 3.12 RECORD DRAWING A. Methodology of generation of as -built data must be approved by Project Engineer. B. Upon completion of cut and fill activities, a record drawing of completed construction operations shall be submitted to Project Engineer. C. The location of the field density tests shall be indicated upon a map to become a part of the certified as -built cut and fill plan. D. Copies of all test results with location maps shall be furnished to the Project Engineer with the certified as -built cut and fill plan. END OF SECTION I H [1 McALISTER PARK CUT/FILL EARTHWORK 02300 - 4 I-; 12/2012 1i j SECTION 02930 TURFGRASS LAWNS PART 1- GENERAL. 1.1 SCOPE A. This work includes all labor, materials, and equipment for soil preparation, fertilization, planting, and other requirements regarding turfgrass planting areas shown on plans. 1.2 SUMMARY A. Work Included: 1. Furnishing and applying hydromulch seeding. 2. Bed preparation 3. Warranty 1.3 SUBMITIAL A. Furnish required copies of manufacturer's literature, certifications, or laboratory analytical data for the following Items: 1. Seed/Sod Source. (Certifications) 2. Top Dress Fertilizer. (Certification) 1.4 SCHEDULING A. Weather Limitations: Proceed with planting operations only when existing and forecasted weather conditions permit. 1.5 WARRANTY PERIOD A. Time Period: Warrant that all turfs and grasses shall be in a healthy and flourishing condition of active growth six (6) months from date of Final Acceptance. B. Delays: All delays in completion of planting operations which extend the planting into more than one planting season shall extend the Warranty Period correspondingly. C. Exceptions: Contractor shall not be held responsible for failures due to neglect by Owner, vandalism, etc., during Warranty Period. Report such conditions in writing. 1.6 REPLACEMENTS A. Unacceptable Workmanship (Turf and grass) areas exhibiting conditions which are determined as unacceptable workmanship shall be repaired and/or replaced at no additional cost to the Owner. PART 2 - MATERIALS 2.1 TURF SEED A. Composition: Fresh, clean, certified, Class'A', new crop seed. B. Deliver to the site in the original sacks as received by the Producer and each sack shall be tagged in accordance with the agricultural seed laws of the United States and the State of Texas. Each sack shall be tagged showing the dealers guarantee as to the year grown, percentage of purity, percentage of germination and the date of test by which the percentages of purity and germination were determined. All seed sown shall have a date McALISTER PARK CUT/FILL TURFGRASS LAWNS 02930 - 1 12/2012 of test within six (6) months of the date of sowing. C. Any seed delivered prior to use, shall be stored in such a manner that it will be protected from damage by heat, moisture, rodents or other cause. D. The mixture to be used shall be proportioned by weight and consist of the following varieties to be sown at the rate of 10 pounds per acre: Turf Seed Mixture for Turf Areas Proportion by Weight Sand Lovegrass 50% Sand Dropseed 25% Green Sprangletop 25% E. If seeding occurs between Labor Day and April 15, add Annual Ryegrass at a rate of 8 pounds per acre. F. Weed Seed: Do not exceed 0.25%. 2.2 FERTILIZER A. Pre -planting Fertilizer Application for Turfgrass Planting Areas: Fertilizer for the initial planting application shall be of N-P-K ratio of 4-5-1 (19-26-5). The phosphorus component must be derived from monoammonium phosphate to stimulate vigorous development of new roots, stolons, and rhizomes. The initial application must be applied and incorporated into the soil immediately (no more than two (2) days) prior to seeding. 1. Specification Submittal: Submit a sample label or specification of the fertilizer proposed to be used for the Owner's approval. 2.3 HYDROMULCH MATERIALS A. Mulch: All mulch will be manufactured from hardwoods only and will be refined specifically for turf hydromulch applications. Three approved mulches are manufactured by Conwed, Weyerhauser, and Texas Fiber Co. 1. Submittal: Submit a sample label or specification and a sample packet of the proposed mulch for the Owner's approval. PART 3-EXECUTION 3.1 GRADING AND VERIFICATION A. Coarse Grading 1. Stones, Weeds, Debris: Verify that all areas to receive turf are clear of stones larger than one and a half (i-1/2") inches diameter, weeds, debris and other extraneous materials. 2. Grades: Verify that grades are within two (2) inch plus or minus of the required finished grades. No Grades greater than 1 inch shall close upon itself. 3. Tillage: Graded areas shall be tilled to a depth of six inches with a chisel type breaking plow. Initial tillage shall be followed by a disc harrow. B. Final Grading 1. Stones, Weeds, Debris: Verify that all areas to receive turf are clear of stones larger than I in. diameter, weeds, debris and other extraneous materials. 2. Grades: Verify that grades are within one (1) inch plus or minus of the required finished grades. No Grades greater than 1 inch shall close upon itself. Verify that soil preparation and fertilization has been installed. Report all variations in writing. McALISTER PARK CUTIFILL TURFGRASS LAWNS 02930 - 2 12/2012 3. Tillage: Graded areas shall be power raked to a depth of one inches. Initial power rake pass shall be followed by a second pass at an angle between thirty (30) to sixty (60) degrees to the initial pass followed by a pass with a cultipacker or roller. C. Schedule to begin seeding operations immediately after the finished grade has been approved, to reduce excessive weed growth. D. Soil Moisture: 1. Excessive Moisture: Do not commence work of this section when soil moisture content is so great that excessive compaction will occur, nor when it is so dry that dust will form in air or that clods will not break readily. 2. Inadequate Moisture: Apply water, as necessary, to bring soil to optimum moisture content for planting. 3.2 BROADCAST SEEDING ON PREPARED FINISHED GRADE A. Bed Preparation: Immediately after the finished grade has been approved, begin broadcast seeding operation to reduce excessive weed growth. B. Special Equipment and Procedures: Hydraulic equipment used for the application of fertilizer and seed; disc, harrow or aerator and a cultipacker or roller. C. Application: 1. Contractor shall obtain approval of seeding area preparation from the Project Engineer prior to application. 2. Operators of broadcast seeding equipment shall be thoroughly experienced in this type of application. Apply specified seed mix in a motion to form a uniform coverage at specified rate. 3. Immediately following broadcasting of seed, Contractor shall aerate the seedbed one (1") to two (2") inches deep at a speed to cover the seed with soil one quarter (1/4) to one half (1/2") inches deep in a motion to form a uniform coverage of the entire seeding area. 4. Immediately following aeration, the Contractor shall pack the soil with a cultipacker or roller to get seed in good contact with the soil. 5, After aeration, the Contractor shall not operate any equipment over the covered area. 6. Refer also to the maintenance portion of this Section. B. Unseeded Areas: If, in the opinion of the Project Engineer, unplanted skips and areas are noted after broadcast seeding, the Contractor shall be required to seed the unplanted areas with the grasses that were to have been planted at no additional cost to the Owner. 3.3 PROTECTION: A. No heavy equipment shall be moved over the planted turf area unless the soil is again prepared, graded, leveled, and replanted. It will be the responsibility of the Contractor to protect all paving surfaces, curbs, utilities, plant materials, and any other existing improvements from damage. Any damages shall be repaired or replaced at no cost to Owner. 3.4 ESTABLISHMENT AND ACCEPTANCE A. Regardless of unseasonable climatic conditions or other adverse conditions affecting planting operations and the growth of the turfgrass, it shall be the sole responsibility of the Contractor to establish a uniform stand of turfgrass as herein`specified. McALISTER PARK CUT/FILL TURFGRASS LAWNS 02930 - 3 12/2012 3.5 POST -PLANTING MAINTENANCE A. Maintenance shall begin immediately alter each grass area is planted. All planted areas will be protected and maintained by watering, weed control, redressing and replanting as necessary for at least thirty (30) days after initial planting and for as much longer as necessary to establish a uniform stand until the entire project is accepted by the Owner. 3.6 EROSION CONTROL A. Throughout the project and the maintenance period for turfgrass, it is the Contractor's responsibility to maintain the topsoil in place at specified grades. Topsoil and turfgrass losses due to erosion will be replaced by the Contractor until establishment and acceptance is achieved. 3.7 INSPECTIONS A. Make written request for inspection after areas have been seeded and sodded. B. Submit requests for inspections to Project Engineer at least two (2) days prior to anticipated inspection date. 3.8 CLEAN-UP A. General: Keep all areas of work clean, neat and orderly at all times. Keep all paved areas clean during planting operations. B. Debris: Clean up and remove all deleterious materials and debris and material unearthed as a result of turf grass planting operations from the entire work area prior to Final Acceptance. 3.9 GUARANTEE A. The Contractor shall guarantee all materials used for this work to be the type, quality and quantity specified. END OF SECTION MaALISTER PARK CUT/FILL TURFGRASS LAWNS 02930 - 4 12/2012 r4 4 MAYOR GLEN C. RO8ERTSON CITY COUNCIL VICTOR HERNANDEZ, FLOYD PRICE, TODD KLEIN, JIM GMT, KAREN GIBSON, LATRELLE JOY CITY MANAGER LEE ANN DUMBAULD McALISTER PARK rT TT A 1\Tn VTT _T _ Alf A .q rP ? PT . A N DECEMBER 2012 CHIEF OPERATIONS OFFICER MARSHA REED, P.E CITY ENGINEER WOOD FRANKL IN, P.E. STORM WATER ENGINEER MICHAEL KEENUM, P.E. McALISTER PARK CUT AND FILL MASTER PLAN GENERAL NOTES: 1. ALL CONSTRUCTION SHALL BE IN ACCORDANCE WITH THE LATEST CITY OF LUBBOCK STANDARD DESIGN REQUIREMENTS AND SPECIFICATIONS, IN THE CASE OF CONFLICT BETWEEN DRAWINGS, SPECIFICATIONS OR CITY OF LUBBOCK STANDARD REQUIREMENTS AND SPECIFICATIONS, THE MOST STRINGENT SHALL BE FOLLOWED UNLESS REQUESTED BY CONTRACTOR AND APPROVED IN WRITING BY CITY OF LUBBOCK ENGINEER, 2. CONTRACTOR SHALL FIELD VERIFY ALL DIMENSIONS AND CONDITIONS PRIOR TO COMMENCING WORK. 3. CONTRACTOR MALL PROVIDE ALL CONSTRUCTION STAKING NEEDS, INCLUDING STATION AND ELEVATION, 4. EXISTING IMPROVEMENTS, INCLUDING, BUT NOT LIMITED TO: FENCES, GATES, GROUND SURFACES, LANDSCAPING, UTILITY PIPELINES, AND DRAINAGE STRUCTURES WHICH ARE REMOVED OR ALTERED TO PER INSTALLATION OF THE WORK, SHALL BE REPAIRED OR REPLACED BY THE CONTRACTOR AT THE CONTRACTOR'S EXPENSE, IN THE SAME LOCATION AND IN CONDITION EQUAL TO OR BETTER THAN FOUND. S. CONTRACTOR SHALL NOTIFY PROPERTY OWNERS 72 HOURS BEFORE PERFORMING ANY WORK THAT WILL AFFECT THE OWNERS ACCESS TO THEIR PROPERTY. 6. AT ALL TIMES THAT WORK IS PROGRESSING, THE CONTRACTOR SHALL HAVE A DESIGNATED COMPETENT PERSON ON -SITE WHO SHALL BE RESPONSIBLE FOR SUPERVISING THE WORK AND WHOSE DULY IT WILL BE TO PERFORM REQUIRED SAFETY INSPECTIONS AND TO DIRECT ALL REQUIRED CONSTRUCTION SAFETY ACTIVITIES. 7. CONTRACTOR SHALL ENSURE THAT ADEQUATE DRAINAGE IS MAINTAINED WITHIN THE PROJECT AT ALL TIMES DURING CONSTRUCTION. ALL SPOIL MATERIALS NECESSARILY REMOVED DURING CONSTRUCTION THAT ARE NOT SALVAGED AND REUSED OR RELOCATED SHALL BE REMOVED AND LEGALLY DISPOSED OF OFF -SITE BY THE CONTRACTOR. WORK RESTRICTIONS: 1. WORKING HOURS SHALL BE BETWEEN 7 AM AND 6 PM, MONDAY THROUGH FRIDAY. NO WORK SHALL BE PERFORMED ON SATURDAYS WITHOUT PRIOR WRITTEN PERMISSION FROM THE PROJECT ENGINEER. 2. THE BURROWING OWL NESTING SEASON IS FROM MARCH TO AUGUST. IF MIGRATORY BIRD SPECIES ARE FOUND NESTING ON PROJECT AREA, THEY MUST BE DEALT WITH IN A MANNER CONSISTENT WITH THE MIGRATORY BIRD TREATY ACT (META). LIMITS OF CONSTRUCTION: 1. CONTRACTOR SHALL LIMIT OPERATIONS TO WITHIN THE CONFINES OF THE WORK LIMITS SHOWN ON THE PLANS. 2. INGRESS AND EGRESS FOR ACCESS TO THE COONSTRUCTION SITE ARE LIMITED TO THE TWO LOCATIONS SHOWN ON THE LOCATION MAP. 3. IF TEMPORARY OR HAUL ROADS ARE ESTABLISHED DURING CONSTRUCTION, THE CONTRACTOR SHALL RESTORE THE AREA TO PRECONSTRUCTION CONDITIONS, THE AREA SHALL BE REGRADED AND VEGETATION SHALL BE ESTABLISHED EQUAL OR BETTER THAN PRECONSTRUCTION CONDITIONS, SHEET INDEX TITLE SHEET G-1 INDEX AND GENERAL NOTES G-2 LOCATION MAP G-3 EXISTING AND PROPOSED CONTOURS G-4 PROPOSED CONTOURS & CROSS SECTION LAYOUT X-1 CROSS SECTION 0+00 TO 1+00 THROUGH 21+00 TO 22+00 X-2 THROUGH X-16 SITE STABILIZATION DETAILS OPTION #1 D-1 SITE STABILIZATION DETAILS OPTION #2 D-2 SITE STABILIZATION DETAILS OPTION #3 0-3 UTILITIES: LOCATIONS OF UNDERGROUND UTILITIES ARE NOT SHOWN ON THE PLANS, CONTRACTOR SHALL PRE -LOCATE ALL UNDERGROUND FACILITIES PRIOR TO COMMENCING WORK BY WHATEVER MEANS NECESSARY (METAL DETECTION, EXCAVATION, SURVEY). CONTRACTOR SHALL NOTIFY THE FOLLOWING: LONE STAR. NOTIFICATION 1-800-669-8344 DIG-TESS 1-800-344-8377 TEXAS ONE CALL SYSTEM 14 00-245.4545 CONTRACTOR WILL BE RESPONSIBLE FOR ANY AND ALL COORDINATION WITH ALL UTILITY COMPANY ENTITIES, INCLUDING THE CITY OF LUBBOCK, AS MAY BE NECESSARY FOR THE TIMELY AND ORDERLY PROGRESSION OF THE CONTRACTOR'S WORK EXISTING UTILITIES ARE TO REMAIN IN SERVICE AT ALL TIMES. CONTRACTOR SHALL OBTAIN WRITTEN APPROVAL FROM THE UTILITY OWNER AND SHALL SUBMIT WRITTEN APPROVAL TO THE CITY ENGINEER PRIOR TO TAKING UTILITY OUT OF SERVICE. COORDINATION AND EMERGENCY NUMBERS: THE FOLLOWING NUMBERS ARE INCLUDED FOR THE CONTRACTOR'S CONVENIENCE CITY OF LUBBOCK WATER UTILITIES $06-775.3161 MR. JOSH FLUD SWS48-4152 SUDDENLINK COMMUNICATIONS 806-771-6229 MR. CARL MOCEO 806-771-6211 ATMOS ENERGY 1.800.692-4694 MR. DALE BROADSIREET 806-548-1895 LUBBOCK POWER AND LIGHT 806-775-2579 MR. GUY YARBOROUGH 806-79D-7243 AT&T 1-800-286.8313 MR. RICHARD JONES 806-741-5306 CITY OF LUBBOCK TRAFFIC ENGINEERING 806.775-2132 EMERGENCY CONTACT 806-775.2816 NIS COMMUNICATIONS MS. STEPHANIE NICHOLS 806.548-2475 I Alt MbBo& TE1AS MCALISTER PARK CUT AND FILL MASTER PLAN DESIGNED BY: JLD DRAWN BY: IF CHECKED BY: JLD SCALE: N.T.S. INDEX AND GENERAL NOTES G-2 'PA ZOMMMIMIM- LL�; z:Z:; LL� 1-7 zz:: Z;� =1 --7 '- cityof b'Bo& TEXAS N07ES: MCALISTER PARK CUT AND FILL 1. ALL ELEVATIONS ARE NAVD 88. MASTER PLAN 2- ADD 32WTO, ELEVATIONS WHEN APPLICABLE �E— . . . . . . . . . . . . . . . �51 A." A %.4 4� rot. WIM 1� 0 DESIGNED BY' ILD DRAWN BY- IF CHECKED BY: JLD WORK MGM. SCALE: N.T.S. REMOVE EARTHEM BERMS REVISIONS WORK COMPLETED PREVIOUSLY . . . . . . . . . . . . . . . . . . EXISTING AND E)=NG CONTOURS PROPOSED CONTOURS PROPOSED CONTOURS NTS NTS G-4 MCALISTER PARK CUT AND FILL KASTER PLAN 105953 DESIGNED BY. 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GEOTEXRLE MUST BE PLACED AGAINST ALL SIDES OF ALL STRUCTURES, AS WELL AS AT HORIZONTAL AND VERTICAL INTERFACES BETWEEN THE SOIL AND THE ARTICULATED CONCRETE BLOCK MATTRESSES. 2. MINIMUM OVERLAP AT ALL GEOTEXTILE SEAMS SHALL BE 12 INCHES, 3. ALL ARTICULATED CONCRETE BLOCK MATTRESSES SHALL BE PLACED DIRECTLY ON TOP OF THE GEOTEXTILE. 4. ALL ARTICULATED CONCRETE BLOCK MATTRESSES SHALL BE INSTALLED ACCORDING TO MANUFACTURER RECOMMENDATIONS, AND A MINIMUM OF TWO BLOCKS ANCHORED INTO THE ANCHOR TRENCH. S. FINISHED GRADE SHALL BE THE TOP OF THE ARTICULATED CONCRETE BLOCK MATTRESSES (WHERE SHOWN) AROUND STRUCTURES. 6. CONTRACTOR SHALL BE RESPONSIBLE FOR LOCATING ALL EXISTING UTILITIES IN AREA OF WORK. INCLUDING IRRIGATION LINES. CONTRACTOR WILL NOT BE PERMITTED TO BRIDGE ANY LINES AND KEEP IN SERVICE DURING WORK. ALL LINES SHALL BE CUT AND REPLACED FOLLOWING INSTALLATION OF STORM SEWER AND ANY ASSOCIATED WORK AS SHOWN ON THE PLANS. MATCH EXISTING GROUND NATIVE MATERIAL BACK FILL COMPACTED AS SPECIFIED ARMOR FLEX - OPTION *1 NTS ---------------- -_-/. EXISTING WINGWALL ARMORFLEX CONCRETE BLOCK MATTRESS AS SPECIFIED L / L � TIE TO EXCITING EXISTING GEOTEXTILE GABION MATTRESS CULVERT AS SPECIFIED STRUCTURE ft'-�-`b*966bfAM MCALISTER PARK CUT AND FILL MASTER PLAN DESIGNED BY:JLD DRAWN BY: JF CHECKED BY:LLD SCALE: N.T.S. SITE STABILIZATION DETAILS OPTION #1 D-1 ,..�....__� t..�____.W ice..._.... .—..... ..,.�... .�.a,a .....a w»W.........: .—._..�... w�....�.W.. �.... mom« — GENERAL NOTES FOR PYRAMAT HIGH PERFORMANCE TURF REINFORCED MAT (OR APPROVED EQUAL.): SITE PREPATATION 12"SPACIN ° - GRADE AND COMPACT AREA AS DIRECTED BY TECHNICAL SPECS, SUB(aTtADE 18•STEEL PIN SEE FIGURE SHALL BE UNIFORM AND SMOOTH, REMOVE ALL ROCKS, CLODS, VEGETATION OR OTHER OBJECTS SO THE INSTALLED MAT WILL HAVE DIRECT CONTACT WITH EDGE OVERLAP(TYP o 0 0 ° r' SOIL SURFACE ° oTl TERMINAL THE o ° INSTALLATION ON SOIL SLOPES ° o o EXCAVATE A 3'-0•x 3'-0" MINIMUM INITIAL TRENCH 7-0.OVER THE CREST OF SLOPE (SEE DETAIL 2� ° "vie ° INSTALL TOP END OF MAT INTO TRENCH AND SECURE TO BOTTOM USING PINS o v SPECIFIED EVERY 18 IN MAX". BACKFILL AND COMPACT SOIL INTO TRENCH (SEE DETAIL 2). UNROLL MAT DOWN SLOPE WHILE MAINTAINING INTIMATE CONTACT WITH THE SOIL. SECURE MAT TO GROUND s#» b SURFACE USING PINS AT FREQUENCIES �, SPECIFIED IN DETAILS 1,5,6,AND 7. SHINGLE END OF ROLL OVERLAP DOW NSLOPE AND SECURE ACCORDING TO DETAIL 7. EDGE OVERLAPS SMALL BE 1• IN MINIMUM AND SECURE USING PINS AT THE FOLLOWING FREQUENCY: "PINS -EVERY 12IN MAXIMUM ALONG THE EDGE OVERLAP 1 ISOMETRIC OVERVIEW SLOPE PROTECTION EDGE OVERLAPS ARE SHINGLED AWAY FROM PREVAILING WINDS (SEE DETAIL 1). N.T.S. EXCAVATE A 3 -Vx 7-0" TERMINAL TRENCH AT TOE OF SLOPE (SEE DETAIL 3). PLACE BOTTOM END OF MAT INTO TERMINAL TRENCH AT TOE OF SLOPE AND SECURE TO BOTTOM OF TRBNCJH USING PINS SPECIFIED EVERY 2' IN MAXIMUM. BACKFILL AND COMPACT SOIL INTO TRENCH (SEE DETAIL 3), IF THE POTENTIAL FOR STANDING AND/OR ROWING WATER EXISTS AT THE TOE OF TRENCH TO BE BACKFILLED WITH COMPACTED SOIL TO SLOPE, THE TERMINAL TRENCH AT THE TOE DETAIL (SEE DETAIL 3) IS NOT 90% +2% OPTIMUM SUFFICIENT. CONSULT THE PROJECT ENGINNEPR FOR THE APPROPRIATE DETAIL 3- IF EQUIPMENT MUST OPERATE ON THE MAT, MAKE SURE IT IS OF THE RUBBER- TERMINATE HUV TIRED TYPE. NO TRACKED EQUIPMENT OR SHARP TURNS ARE ALLOWED ON THE MAT. AVOID ANY TRAFFIC AT GROUND ELEVATION OVER THE MAT IF LOOSE OR WET SOIL CONDITIONS EXIST. DAMAGED SECTIONS ) L! - REPAIRING RIPS OR HOLES:THM SHOULD BE PATCHED WITH IDENTICAL MATTING TRENCH TO BE BACKFILLED WITH COMPACTED SOIL TO 90% +2% OPTIMUM d_ , MATERIAL. FIRST, CAREFULLY CUT OUT THE DAMAGED SECTION WITH A KNIFE X: <„'._�� _:, 18•ST'EEI. PIN THEN REPLACE AND COMPACT SOIL TO THE ELEVATION OF THE SURROUNDING HUV NONWOVEN SJBGRADE AND PLANT SEED. CUT A PIECE OF REPLACMENT MATERIAL A MINIMUM GEOTEXCTILE TYP. COVERDED OF 12 IN LARGER THAN THE RIP OR TEAR. USE TIES TO ATTACH THE REPLACEMENT MATERIAL TO THE DOTING MATERIAL AT OVERLAPS, THE UPS.OPE MATERIAL 18• STEEL PIN, SHOULD BE ON TOP. SECURE THE REPLACEMENT MATERIAL WITH GROUND TIE DOWN -0• Sly FIGURE 4 OVERLAPPING EDGE DEVICES SPACED EVERY 6IN AROUND THE CIRCUMFERENCE OF THE REPAIR AND AT THE FREQUENCY AND SPACING SHOWN IN THE PIN PATTERN (SEE DETAIL 5). 3 TERMWAL TRENCH SLOPE DETAIL N.TS. HPTRM N 30'-W TYP I ' H I _ 3 Y 4-MAX TYP MAX 7 TYP 2" MAX TYP o 0 0 0 0 0 lit STEEL o 0 o _ o 1 WASHER TYP 0 0 .2" STEEL PIN T-4" TYP PIN DETAIL 4 N.T.S. 5 N.TPIN PATTERN 6 SIMULATED CHECK SLOT HUV NONWOVEN GEOTEXTILE,TYP. 18" STEEL PTN SEE FIGURE 4 2 INITIAL TRENCH SLOPE DETAIL N7TK 3:1 SLOPE " o d 0 4 MIN MAT OVERLAY 3:1 SLOPE 7 ENDN.OF Roll OVERLAP -DOWNHILL -OVERLAP -11-0 MINIMUM OVERLAP -1'-0 MAXIMUM PIN PLACEMENT 41 m , db'of lubbock rests McALISTER PARK CUT AND FILL MASTER PLAN DESIGNED BY: JL.D DRAWN BY: JF CHECKED BY: JL.D SCALE: N.T.S. SITE STABILIZATION DETAILS OPTION #2 D-2 Cl.'DTb'lP6-cfk TCIAS MCALISfER PARK CUT AND FILL MASTER PLAN GENERAL NOTES FOR GABION MATTRESS: 1. GEOTEXTILE MUST BE PLACED AGAINST ALL SIDES OF ALL STRUCTURES. AS WELL AS AT HORIZONTAL AND VERTICAL INTERFACES BETWEEN THE SOIL AND THE GASTON MATTRESSES. 2. MINIMUM OVERLAP AT ALL GEOTEKTILE SEAMS SHALL BE 12INCHES, 3. ALL GABION MATTRESSES SHALL BE PLACED DIRECTLY ON TOP OF THE GEOTEXTILE. 4, ALL GASTON MATTRESSES SHALL BE INSTALLED ACCORDING TO MANUFACTURER RECOMMENDATIONS, AND A MINIMUM OF TWO BLOCKS ANCHORED INTO THE ANCHOR TRENCH. S. FINISHED GRADE L BE THE TOP OF THE GABION MATTRESSES (WHERE SHOWN) AROUND STRUCTURES. 6. CONTRACTOR SHALL BE RESPONSIBLE FOR LOCATING ALL EXISTING UTILITIES IN AREA OF WORK. ----------------------------- . �ENKFEkL CAYA6p1 EXISTING WALL WIN�_ --- DESIGNED BY: 7LD DRAWN BY: )F CHECKED BY:3LD GABION MATTRESS AS SPECIFIED TIE TO EXISTING GABION MATTRESS SCALE: N.T.S. REVISIONS MATCH GarRO51UINNDG NATIVE MATERIAL BACK FILL \\\ COMPACTED AS SPECIFIED ---' 7 1 AS GE SPECIIFIIED / EXISTING _! 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