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Resolution - 2013-R0071 - Contract - Intermountain Slurry Seal Inc.- Micro-Surfacing Project - 02_14_2013
Resolution NO. 2013—R0071 kA9it:'x:iijxi1x*i February 14, 2013 Item No.5.8 RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: TfIAT 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. 11139 for 2013 Micro - Surfacing Project, by and between the City of Lubbock and Interniountain Slurry Seal, Inc., of Watsonville, California, 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 February 14, 2013 GL _ C . R BERi'SON, MAYOR ATTEST: i J� -j . In -r�— Rebec Garza, City Secretai. UPROVED AS TO CONTENT: _ Lq 7� 2 j Marsha heed. P.E., Chief Operating Officer APPROVED AS TO FORM: Chad Weaver, Assistant City Attorney YA%-:ccdocslKLS.Contr.tct-ititermauntain January 23. 2013 BID SUBMITTAL FOWM UNIT PRICE BID CONTRACT DATE: January 22, 2013 1TB 13-11139-DG, 2013 Micro-Surracing Project Bid of Intermountain Slurry Seal, Inc. (hereinafter called Bidder) To the Honorable Mayor and City Council City of Lubbock, Texas (hereinafter called Owner) Ladies and Gentlemen: The Bidder, in compliance with your Invitation to Bid for the construction of the 2013 Micro -Surfacing Project, having carefully examined the plans, specifications, instructions to bidders, notice to bidders and all other related contract documents and the site of the intended work, and being familiar with all of the conditions surrounding the construction of the intended project including the availability of materials and labor, hereby intends to furnish all labor, materials, and supplies; and to construct the project in accordance with the plans, specifications and contract documents, within the time set forth therein and at the price stated below. The 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. ITEM DESCRIPTION ESTIMATED UNIT OF UNIT PRICE EXTENDED NO. UANTITY MEASURE AMOUNT Micro -Surfacing CSS-IP in accordance with TxDOT Specifications S I Item No. 350, including emulsion, mineral filler, aggregate, labor, 21,500 TN equipment, and all incidentals needed to produce micro -surfacing, delivered and lace. t' 2 210 2 CSR-2P Emulsion with 3% latex by volume (2% by weight) for course no. 1, per gallon. Including labor, equipment, and 120,000 GAL vreparation of exisfinx surface. Surface aggregate; TOOT No. 4 crushed stone, meeting gradation and soundness test, including loading and freight at stockpile in the 3 City of Lubbock, for course no. 1. Including labor, equipment, and 2,800 CY preparation of existing surface. Rock must be washed and clean of all dirt and debris before application. too. Z 4 Paint stripe tabs for all streets requiring lane line repainting, 15,000 EA ao including labor, equipment, and preparation of existing surface, etc. 0. $d 00 2V surface preparation on concrete materials including grinding, 5 sealing, pre -marking, elimination of existing markings, and 1,000 LF 4zlzd 49424500-0 installation complete and in -place. 8" surface preparation on concrete materials including grinding, 6 sealing, pre -marking, elimination of existing markings, and 11500 LF A 1. 3R q f installation complete and in -place. Q Z Type I Thermoplastic pavement marking, .125 mil, 24" white stop 7 line (TxDOT DMS 8220). Including labor, equipment, and 2,700 LF preparation o existing surface complete and in - place. Type I Thermoplastic pavement marking, .125 mil, 24" white 8 continental crosswalk (TxDOT DMS 8220). Including labor, 2,220 LF equipment, and preparation of existing surface complete and in - lace. "0& Q Type Il A -A raised pavement marker (TxDOT DMS 8240). 9 Including labor, equipment, and preparation of existing surface and 2,550 LF 3, installation complete and in -place. Type II R-C raised pavement marker (TxDOT DMS 8240). 10 Including labor, equipment, and preparation of existing surface and 850 EA 4, S� installation complete and in -place. J ITEM DESCRIPTION ESTIMATED UNIT OF UNIT PRICE EXTENDED NO. QUANTITY MEASURE AMOUNT Type I W-C raised pavement marker (TxDOT DMS 8240). 11 Including labor, equipment, and preparation of existing surface, and 3,550 EA installation complete and in -place. Z. Q SO$ Thermoplastic pavement marking Right or Left turn arrow (TxDOT 12 DMS 8220). Including labor, equipment, and preparation of 118 EA 00- existiniz surface complete and in -place. 13 4" Thermoplastic lane line elimination. Including labor, equipment, LF and all tools necessary to remove thermoplastic markings.125,500 �i zo�¢, 14 8" Thermoplastic lane line elimination. Including labor, equipment, 15,000 LF >t and all tools necessary to remove thermoplastic markings. V0 24" Thermoplastic lane line elimination. Including labor, 15 equipment, and all tools necessary to remove thermoplastic 3,700 LF markin s. 16 Thermoplastic turn arrow elimination. Including labor, equipment, 118 EA 0—' and all tools necessary to remove thermoplastic markings. Z �- 17 Raised pavement marking elimination. Including labor, equipment, 7,500 EA and all tools necessary to remove raised pavement markings. 0• g Q Milling of asphalt surface to various depths at all locations where Micro -Surfaced streets will join at either a concrete valley gutter, or 18 concrete intersection, at varying widths. Including labor, 3,300 SY equipment, and all incidentals needed to ensure a smooth transition between existing concrete surface, and the Micro -Surfaced street_ �• �d at The resultina millings to be retained by the City of Lubbock. i� $5v TOTAL BASE BID ( ITEMS 1-18) S $.. Bidder's Initials Bidder hereby agrees to commence the work on the above project on a date to be specified in a written "Notice to Proceed" of the Owner and to substantially complete the project within ONE -HUNDRED AND TEN (110) CONSECUTVIE CALENDAR DAYS thereafter as stipulated in the specifications and other contract documents. Bidder hereby further agrees to pay to Owner as liquidated damages the sum of ONE -THOUSAND FORTY-FOUR DOLLARS ($1,044) for each consecutive calendar day in excess of the time set forth herein above for completion of this project, all as more fully set forth in the general conditions of the contract documents. Bidder understands and agrees that this bid submittal shall be completed and submitted in accordance with instruction number 29 of the General Instructions to Bidders. Bidder understands that the Owner reserves the right to reject any or all bids and to waive any formality in the bidding. The Bidder agrees that this bid shall be good and may not be withdrawn for a period of SEVENTY (70) calendar days after the scheduled closing time for receiving bids. The undersigned Bidder hereby declares that he has visited the site of the work and has carefully examined the plans, specifications and contract documents pertaining to the work covered by this bid, and he further agrees to commence work on or before the date specified in the written notice to proceed, and to substantially complete the work on which he has bid; as provided in the contract documents. Bidders are required, whether or not a payment or performance bond is required, to submit a cashier's check or certified check issued by a bank satisfactory to the City of Lubbock, or a bid bond from a reliable surety company, payable without recourse to the order of the City of Lubbock in an amount not less than five percent (5%) of the total amount of the bid submitted as a guarantee that bidder will enter into a contract, obtain all required insurance policies, and execute all necessary bonds (if required) within ten (10) business days after notice of award of the contract to him Bidder's Initials Enclosed with this bid is a Cashier's Check or Certified Check for N/A Dollars (S ) or a Bid Bond in the sum of Five Percent (5%) of Bid Amount Dollars ($s% of Bid ), which It is agreed shall be collected and retained by the Owner as liquidated damages in the event the bid Is accepted by the Owner and the undersigned fails to execute the necessary contract documents, insurance certificates, and the required bond (if any) with the Owner within ten (10) business days after the date of receipt of written notification of acceptance of said bid; otherwise, said check or bond shall be returned to the undersigned upon demand. Bidder understands and agrees that the contract to be executed by Bidder shall be bound and include all contract documents made available to him for his inspection in accordance with the Notice to Bidders. Pursuant to Texas Local Government Code 252.043(a), a competitive sealed bid that has been opened may not be changed for the purpose of correcting an error in the bid price. THEREFORE, ANY CORRECTIONS TO THE BID PRICE MUST BE MADE ON THE BID SUBMITTAL FORM PRIOR TO BID OPENING. (Seal if Bidder is a Corporation) A T: / Cynthia P. Johnson j4jVWV /Assistant Secretary Bidder acknowledges receipt of the following addenda: Date: 'January 2 , 2013 007 Authorized Signature Kathleen Schreckengost, Vice -President (Printed or Typed Name) Intermountain Slurry Seal, Inc. Company 585 West Beach Street Address Watsonville Santa Cruz City, County CA 95076 State Zip Code Telephone: 831 - 724-1011 Fax: 831 788-417121 Addenda No. _1— Date Ohs FEDERAL TAX ID or SOCIAL SECURITY No. Addenda No. � Date 0o i 87-0307259 Addenda No. Date Addenda No. Date EMAIL:_issdewl & ene-1wa. &O M NIAVBE Firm: Woman Black American I Native American Hispanic American I I Asian Pacific American I I Other (Specify) BOND CHECK BEST RATING LICENSED IN TEXAS DATE BY: CONTRACT AWARD DATE: February 14, 2013 CITY OF LUBBOCK SPECIFICATIONS FOR 2013 Micro -Surfacing Project ITB # 13-11139-DG CONTRACT # 11139 PROJECT NUMBER: 92248 Plans & Specifications may be obtained from THE REPRODUCTION COMPANY www.thereproductioncompany.com Phone: (806) 763-7770 �ZO 0 — 900`71 v ciTy of lubbock if CRS CONTRACT PREPARED BY: PURCHASING AND CONTRACT MANAGEMENT OFFICE �' 1 Pate Intentionally Left Blank 11 ityof bcock TEXAS ADDENDUM # 1 2013 Micro Surfacing Project ITB 13-11139-DG DATE ISSUED January 3, 2013 CLOSE DATE & TIME: January 22, 2012 @ 3:00 p.m. The following items take precedence over specifications for the above named Invitation to Bid (ITB). Where any item called for in the ITB documents is supplemented here, the original requirements, not affected by this addendum, shall remain in effect. Bidders are invited to review the following for questions and answers, clarifications, changes: Changes: a) Micro Specifications were added 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 Questions may be faxed to (806)775-2164 or Emailed to dgamboa@Lnylubbock.us 2)40a�F40� 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. I. Page Intentionally Left Blank DATE ISSUED: ADDENDUM # 2 2013 Micro Surfacing Project ITB 13-11139-DG January 10, 2013 CLOSE DATE & TIME: January 22, 2012 @ 3:00 p.m. The following items take precedence over specifications for the above named Invitation to Bid (ITB). Where any item called for in the ITB documents is supplemented here, the original requirements, not affected by this addendum, shall remain in effect. Bidders are invited to review the following for questions and answers, clarifications, changes: Questions and Answers: Question — Will the Cape Seal need to be done during the day? Answer - Yes, the cape Seal will need to be done during the day time. Question — Who is responsible for sweeping? Answer - The contractor is responsible for sweeping before, during and after. Question — What time of day will the Micro Surfacing need to be done? Answer - Residential and Collectors areas will be done during the day and Major thoroughfares will be done at night. Question — What is the Sand Equivalent 65 or 70? Answer — The sand equivalent is 65. Question — Who is responsible for Tree Trimming? Answer - The City of Lubbock is responsible for tree trimming. Question — Milling? Answer - The milling will be done tying into intersections and valley gutters on major thoroughfares, and collectors at a distance of no more than 10'. Clarifications: a) Maximum of three (3) days Micro Replacement after Cape Seal Changes: a) Section 8.30 of the specifications is to be disregarded 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 Questions may be faxed to (806)775-2164 or Emailed to dgamboa_@mylubbock.us , dw�( e �" . 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. Contractor Checklist 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 unbound 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. Complete Contractor's Qualifications and Return with the Bid Submittal Form. 2. Include BID BOND or CASHIER'S OR CERTIFIED CHECK as your bid surety. Failure to provide a bid surety WILL result in automatic rejection of your bid. 3. / Complete and sign the CITY OF LUBBOCK INSURANCE REQUIREMENT AFFIDAVIT. 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 SAFETY RECORD QUESTIONNAIRE. All "YES" responses must be explained in detail and submitted with Bid. 7. Complete and sign the SUSPENSION AND DEBARMENT CERTIFICATION. Include firm's FEDERAL TAX ID number or Owner's SOCL4L SECURITY number. 8. Complete and submit the LIST OF SUB -CONTRACTORS. 9. d 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 INCLUDE THIS COMPLETED PAGE AS THE FIRST PAGE OF YOUR BID SUBMITTAL. Intermountain Slurry Seal, Inc. (Type or Print Company Name) Page Intentionally Left Blank INDEX 1. NOTICE TO BIDDERS ro 2. GENERAL INSTRUCTIONS TO BIDDERS Cj 3. BID SUBMITTAL — (must be submitted by published due date & time) 7 3-1. UNIT PRICE BID SUBMITTAL FORM ' 3-2. CONTRACTORS QUALIFICATIONS i.. 3-3. CITY OF LUBBOCK INSURANCE REQUIREMENT AFFIDAVIT i 3-4. SAFETY RECORD QUESTIONNAIRE 3-5. SUSPENSION AND DEBARMENT CERTIFICATION 4. LIST OF SUB -CONTRACTORS 5. PAYMENT BOND 6. PERFORMANCE BOND 7. CERTIFICATE OF INSURANCE 8. CONTRACT 9. GENERAL CONDITIONS OF THE AGREEMENT 10. DAVIS BACON WAGE DETERMINATIONS 11. SPECIAL CONDITIONS (IF APPLICABLE) 12. SPECIFICATIONS 3 i Page Intentionally Left Blank NOTICE TO BIDDERS ITB 13-11139-DG Sealed bids addressed to Marta Alvarez, Director of Purchasing and Contract Management, City of Lubbock, Texas, will be received in the office of the Purchasing and Contract Management Office, City Hall, 1625 13th Street, Room 204, Lubbock, Texas, 79401, until 3:00 P.M, CST on January 22, 2013, or as changed by the issuance of formal addenda to all planholders, to furnish all labor and materials and perform all work for the construction of the following described project: 2013 Micro -Surfacing Project After the expiration of the time and date above first written, said sealed bids will be opened in the office of the Purchasing and Contract Management Office and publicly read aloud. It is the sole responsibility of the bidder to ensure that his bid is actually in the office of the Purchasing and Contract Management Office for the City of Lubbock, before the expiration of the date above first tW written. Bids are due at 3:00 P.M., CST on January 22, 2013, and the City of Lubbock City Council will consider the bids on February 14, 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 bids and waive any formalities. The successful bidder will be required to furnish a performance bond in accordance with Chapter 2253, Government Code, in the amount of 100% of the total contract price in the event that said contract price exceeds $100,000 and the successful bidder will be required to furnish a,payment bond in accordance with Chapter 2253, Government Code, in the amount of 100% of the total contract price in the event that said contract price exceeds $50,000. Said statutory bonds should be issued by a company carrying a current Best Rating of "A" or better. THE BONDS MUST BE IN A FORM ACCEPTABLE TO THE CITY ATTORNEY AND MUST BE DATED THE SAME DATE THAT THE CONTRACT WAS AWARDED. The estimated budget for this project is $5,500,000. Bidders are required, whether or not a payment or performance bond is required, to submit a cashier's or certified check issued by a bank satisfactory to the City of Lubbock, or a bid bond from a reliable surety company, payable without recourse to the order of the City of Lubbock in an amount not less than 5% of the total amount of the bid submitted as a guarantee that bidder will enter into a contract and execute all necessary bonds (if required) within ten (10) business days after notice of award of the contract to him. FAILURE OF THE BIDDER TO INCLUDE BID SECURITY WITH THE BID SUBMITTAL SHALL CONSTITUTE A NONRESPONSIVE BID AND RESULT IN DISQUALIFICATION OF THE BID SUBMITTAL. It shall be each bidder's sole responsibility to inspect the site of the work and to inform himself regarding all local conditions under which the work is to be done. It shall be understood and agreed that all such factors have been thoroughly investigated and considered in the preparation of the bid submitted. There will be a non -mandatory pre -bid conference on January 9, 2013 at 10:00 A.M., CST in CM Project Room 203, 2nd Floor, City Hall, 1625 13th Street, Lubbock, Texas. Bidders may view the plans and specifications without charge at The Reproduction Company, 2102 Avenue Q, Lubbock, Texas 79405 or at www.thereproductioncompgny.com. ONE SET OF PLANS AND SPECIFICATIONS MAY BE OBTAINED, AT THE CITY'S EXPENSE, J 4 FROM THE REPRODUCTION COMPANY WITH A $100 REFUNDABLE DEPOSIT, Phone: (806) 763-7770. Deposit Checks shall be made PAYABLE TO THE CITY OF LUBBOCK, and will be refunded if documents are returned in good condition within Six 60 days after the opening of bids. Additional sets of plans and specifications may be obtained at the bidder's expense. Attention of each bidder is particularly called to the schedule of general prevailing rate of per diem wages included in the contract documents on file in the office of the Purchasing and Contract Management Office of the City of Lubbock, which document is specifically referred to in this Notice to Bidders. Each bidder's attention is further directed to Texas Government Code, Chapter 2258, Prevailing Wage Rates, and the requirements contained therein concerning the above wage scale and payment by the contractor of the prevailing rates of wages as heretofore established by owner in said wage scale. The City of Lubbock hereby notifies bidders that in regard to any contract entered into pursuant to this advertisement, minority and women business enterprises shall be afforded equal opportunities to submit bids in response to this invitation and will not be discriminated against on the grounds of race, color, sex, disability, or national origin in consideration for an award. - The City of Lubbock does not discriminate against persons with disabilities. City of Lubbock pre -bid meetings and bid openings are available to all persons regardless of disability. If you require special assistance, please contact the Purchasing and Contract Management Office at (806) 775-2572 or write to Post Office Box 2000, Lubbock, Texas 79457 at least 48 hours in advance of the meeting. CITY OF LUBBOCK DIRECTOR OF PURCHASING AND CONTRACT MANAGEMENT t_J _ GENERAL INSTRUCTIONS TO BIDDERS _t 1 BID DELIVERY TIME & DATE 1.1 The City of Lubbock is seeking written and sealed competitive bids to furnish 2013 Micro - Surfacing Project per the attached specifications and contract documents. Sealed bids will be received no later than 3:00 P.M., CST on January 22, 2013 at the office listed below. Any bid received after the date and hour specified will be rejected and returned unopened to the bidder. Each bid and supporting documentation must be in a sealed envelope or container plainly labeled in the lower left-hand comer: "ITB #13-11139-DG, 2013 Micro -Surfacing Project" and the bid opening date and time. Bidders must also include their company name and address on the outside of the envelope or container. Bids must be addressed to: Marta Alvarez, Director of Purchasing City of Lubbock 1625 13th Street, Room 204 Lubbock, Texas 79401 1.2 Bidders are responsible for making certain bids are delivered to the Purchasing and Contract Management Office. Mailing of a bid does not ensure that the bid will be delivered on time or delivered at all. If bidder does not hand deliver bid, we suggest that he/she use some sort of delivery service that provides a receipt. 1.3 Bids will be accepted in person, by United States Mail, by United Parcel Service, or by private courier service. No bids will be accepted by oral communication, telephone, electronic mail, telegraphic transmission, or telefacsimile transmission. THE CITY WILL NOT ACCEPT FAX BIDS. 1.4 The City of Lubbock reserves the right to postpone the date and time for opening bids through an addendum. 2 PRE -BID MEETING 2.1 For the purpose of familiarizing bidders with the requirements, answering questions, and issuing - addenda as needed for the clarification of the Invitation to Bid (TTB) documents, a non - Project Room 203, 2"" Floor, City Hall, 1625 13" Street, Lubbock, Texas All persons attending the meeting will be asked to identify themselves and the prospective bidder they represent. 2.2 It is the bidder's responsibility to attend the pre -bid meeting though the meeting is not mandatory. The City will not be responsible for providing information discussed at the pre -bid meeting to bidders who do not attend the pre -bid meeting. 3 ADDENDA & MODIFICATIONS I 3.1 Any changes, additions, or clarifications to the TTB are made by ADDENDA information _ available over the Internet at www.bidsMc.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 up blic f libraries. 3.2 Any bidder in doubt as to the true meaning of any part of the specifications or other documents may request an interpretation thereof from the Purchasing and Contract Management Office. At a the request of the bidder, or in the event the Purchasing and Contract Management Office deems the interpretation to be substantive, the interpretation will be made by written addendum issued by the Purchasing and Contract Management Office. Such addenda issued by the Purchasing and Contract Management Office will be available over the Internet at www.bidsygc.com and will become part of the bid package having the same binding effect as provisions of the original M. NO VERBAL EXPLANATIONS OR INTERPRETATIONS WILL BE BINDING. In order to have a request for interpretation considered, the request must be submitted in writing and must be received by the City of Lubbock Purchasing and Contract Management Office no later than five (5) calendar days before the bid closing date. 3.3 All addenda, amendments, and interpretations of this solicitation shall be in writing. The City of Lubbock shall not .be legally bound by any amendment or interpretation that is not in writing. Only information supplied by the City of Lubbock Purchasing and Contract Management Office in writing or in this ITB should be used in preparing bid responses. All contacts that a bidder may have had before or after receipt of this ITB with any individuals, employees, or representatives of the City and any information that may have been read in any news media or ? seen or heard in any communication facility regarding this bid should be disregarded in preparing responses. 3.4 The City does not assume responsibility for the receipt of any addendum sent to bidders. 4 EXAMINATION OF DOCUMENTS AND REQUIREMENTS 4.1 Each bidder shall carefully examine all ITB documents and thoroughly familiarize itself with all requirements before submitting a bid to ensure that their bid meets the intent of these specifications. 4.2 Before submitting a bid, each bidder shall be responsible for making all investigations and examinations that are necessary to ascertain conditions and requirements affecting the requirements of this Invitation to Bid. Failure to make such investigations and examinations shall not relieve the bidder from obligation to comply, in every detail, with all provisions and requirements of the Invitation to Bid. 4.3 Notices of any discrepancies or omissions in these plans, specifications, or contract documents, shall be given to the Purchasing and Contract Management Office and a clarification obtained before the bids are received, and if no such notice is received by the Purchasing and Contract Management Office prior to the opening of bids, then it shall be deemed that the bidder fully understands the work to be included and has provided sufficient sums in its bid to complete the work in accordance with these plans and specifications. If bidder does not notify Purchasing and Contract Management Office before bidding of any discrepancies or omissions, then it shall be deemed for all purposes that the plans and specifications are sufficient and adequate for completion of the project. It is further agreed that any request for clarification must be submitted no later than five (5) calendar days prior to the bid closing date. BID PREPARATION COSTS 5.1 Issuance of this ITB does not commit the City of Lubbock, in any way, to pay any costs incurred in the preparation and submission of a bid. 5.2 The issuance of this ITB does not obligate the City of Lubbock to enter into contract for any services or equipment. 5.3 All costs related to the preparation and submission of a bid shall be paid by the bidder. TRADE SECRETS CONFIDENTIAL INFORMATION AND THE TEXAS PUBLIC INFORMATION ' ACT 6.1 If you consider any portion of your bid to be privileged or confidential by statute or judicial decision, including trade secrets and commercial or financial information, clearly identify those portions. 6.2 The City of Lubbock will honor your notations of trade secrets and confidential information and t.. decline to release such information initially, but please note that the final determination of whether a particular portion of your bid is in fact a trade secret or commercial or financial �. information that may be withheld from public inspection will be made by the Texas Attorney General or a court of competent jurisdiction. In the event a public information request is received for a portion of your bid that you have marked as being confidential information, you will be notified of such request and you will be required to justify your legal position in writing to the Texas Attorney General pursuant to Section 552.305 of the Government Code. In the event that it is determined by opinion or order of the Texas Attorney General or a court of competent [ jurisdiction that such information is in fact not privileged and confidential under Section 552.110 of the Government Code and Section 252.049 of the Local Government Code, then such r, information will be made available to the requester. 6.3 Marking your entire bid CONFIDENTIAUPROPRIETARY is not in conformance with the Texas Open Records Act. 7 LICENSES, PERMITS, TAXES The price or prices for the work shall include full compensation for all taxes, permits, etc. that the bidder is or may be required to pay. 8 UTILIZATION OF LOCAL BUSINESS RESOURCES Prospective bidders are strongly encouraged to explore and implement methods for the utilization of local resources, and to outline in their bid submittal how they would utilize local resources. CONFLICT OF INTEREST 9.1 The bidder shall not offer or accept gifts or anything of value nor enter into any business arrangement with any employee, official or agent of the City of Lubbock. 9.2 By signing and executing this bid, the bidder certifies and represents to the City the bidder has not offered, conferred or agreed to confer any pecuniary benefit or other thing of value for the receipt of special treatment, advantage, information, recipient's decision, opinion, recommendation, vote or any other exercise of discretion concerning this bid. 10 CONTRACT DOCUMENTS 10.1 All work covered by the contract shall be done in accordance with contract documents described in the General Conditions. 10.2 All bidders shall be thoroughly familiar with all of the requirements set forth on the contract documents for the construction of this project and shall be responsible for the satisfactory completion of all work contemplated by said contract documents. 11 PLANS FOR USE BY BIDDERS It is the intent of the City of Lubbock that all parties with an interest in submitting a bid on the project covered by the contract documents be given a reasonable opportunity to examine the documents and prepare a bid without charge or forfeiture of deposit. The contract documents may be examined without charge as noted in the Notice to Bidders. 12 BIDDER INQUIRIES AND CLARIFICATION OF REQUIREMENTS 12.1 It is the intent and purpose of the City of Lubbock that this request permit competitive bids. It shall be the bidder's resuonsibility to advise the Purchasing and Contract Management Office if any language, requirements. etc., or any combinations thereof, inadvertently estricts or limits the requirements stated in this ITB to a single source. Such notification must be submitted in writing and must be received by the City of Lubbock Purchasing and Contract Management Office no later than five (5) calendar days before the bid closing date. A review of such notifications will be made. L11 David Gamboa, Buyer City of Lubbock T Purchasing and Contract Management Office 1625 1 P Street, Room 204 Lubbock, Texas 79401 Fax: 806-775-2164 Email: DGambog@,mylubbock.us Bidsync: www.bidsync.com 13 TIME AND ORDER FOR COMPLETION 13.1 The construction covered by the contract documents shall be substantially completed within ONE -HUNDRED AND TEN (110) CONSECUTIVE CALENDAR DAYS from the date specified in the Notice to Proceed issued by the City of Lubbock to the successful bidder. 13.2 The Contractor will be permitted to prosecute the work in the order of his own choosing, provided, however, the City reserves the right to require the Contractor to submit a progress schedule of the work contemplated by the contract documents. In the event the City requires a progress schedule to be submitted, and it is determined by the City that the progress of the work is not in accordance with the progress schedule so submitted, the City may direct the Contractor to take such action as the City deems necessary to ensure completion of the project within the time specified. 14 PAYMENT All payments due to Contractor shall be made in accordance with the provisions of the General Conditions of the contract documents. 15 AFFIDAVITS OF BILLS PAID The City of Lubbock reserves the right, prior to final acceptance of this project to require the Contractor to execute an affidavit that all bills for labor, materials and incidentals incurred in the construction of the improvements contemplated by the contract documents have been paid in full and that there are no claims pending, of which the Contractor has been notified. 16 MATERIALS AND WORKMANSHIP The intent of these contract documents is that only materials and workmanship of the best quality and t grade will be furnished. The fact that the specifications may fail to be sufficiently complete in some detail will not relieve the Contractor of full responsibility for providing materials of high quality and for protecting them adequately until incorporated into the project. The presence or absence of a representative of the City on the site will not relieve the Contractor of full responsibility of complying with this provision. The specifications for materials and methods set forth in the contract documents provide minimum standards of quality, which the Owner believes necessary to procure a satisfactory project. 17 GUARANTEES 17.1 All equipment and materials incorporated in the project and all construction shall be guaranteed against defective materials and workmanship. Prior to final acceptance, the Contractor shall furnish to the Owner, a written general guarantee which shall provide that the Contractor shall remedy any defects in the work, and pay for any and all damages of any nature whatsoever resulting in such defects, when such defects appear within ONE year from date of final acceptance of the work as a result of defective materials or workmanship, at no cost to the Owner (City of Lubbock). 17.2 Notwithstanding any provisions contained in the contractual agreement, the Contractor represents and warrants fault -free performance and fault -free result in the processing date and date -related data (including, but not limited to calculating, comparing and sequencing) of all hardware, software and firmware products delivered and services provided under this Contract, individually" or in combination, as the case may be from the effective date of this Contract. Also, the Contractor warrants calculations will be recognized and accommodated and will not, in any way, r. result in hardware, software or firmware failure. The City of Lubbock, at its sole option, may require the Contractor, at any time, to demonstrate the procedures it intends to follow in order to comply with all the obligations contained herein. 17.3 The obligations contained herein apply to products and services provided by the Contractor, its sub -contractor or any third party involved in the creation or development of the products and services to be delivered to the City of Lubbock under this Contract. Failure to comply with any of the obligations contained herein, may result in the City of Lubbock availing itself of any of its rights under the law and under this Contract including, but not limited to, its right pertaining to termination or default. 17.4 The warranties contained herein are separate and discrete from any other warranties specified in this Contract, and are not subject to any disclaimer of warranty, implied or expressed, or limitation to the Contractor's liability which may be specified in this Contract, its appendices, its schedules, its annexes or any document incorporated in this Contract by reference. 18 PLANS FOR THE CONTRACTOR The contractor will, upon written request, be furnished up to five sets of plans and specifications and related contract documents for use during construction. Plans and specifications for use during construction will only be furnished directly to the Contractor. The Contractor shall then distribute copies of plans and specifications to suppliers, subcontractors or others, as required for proper prosecution of the work contemplated by the Contractor. 19 PROTECTION OF THE WORK The Contractor shall be responsible for the care, preservation, conservation, and protection of all materials, supplies, machinery, equipment, tools, apparatus, accessories, facilities, and all means of construction, and any and all parts of the work whether the Contractor has been paid, partially paid, or not paid for such work, until the date the City issues its certificate of completion to Contractor. The City reserves the right, after the bids have been opened and before the contract has been awarded, to require of a bidder the following information: (a) The experience record of the bidder showing completed jobs of a similar nature to the one covered by the intended contract and all work in progress with bond amounts and percentage completed. (b) A sworn statement of the current financial condition of the bidder. (c) Equipment schedule. 20 TEXAS STATE SALES TAX 20.1 This contract is issued by an organization which qualifies for exemption provisions pursuant to provisions of Article 20.04 of the Texas Limited Sales, Excise and Use Tax Act. 20.2 The Contractor must obtain a limited sales, excise and use tax permit which shall enable him to buy the materials to be incorporated into the work without paying the tax at the time of purchase. 21 PROTECTION OF SUBSURFACE LINES AND STRUCTURES It shall be the Contractor's responsibility to prosecute the work contemplated by the contract documents in such a way as to exercise due care to locate and prevent damage to all underground pipelines, utility lines, conduits or other underground structures which might or could be damaged by Contractor during the construction of the project contemplated by these contract documents. The City of Lubbock agrees that it will furnish Contractor the location of all such underground lines and utilities of which it has knowledge. However, such fact shall not relieve the Contractor of his responsibilities aforementioned. All such underground lines or structures cut or damaged by Contractor during the prosecution of the work contemplated by this contract shall be repaired immediately by Contractor to the satisfaction of the City of Lubbock, Texas, at Contractor's expense. 22 BARRICADES AND SAFETY MEASURES L 10 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 j Contractor of City's certificate of acceptance of the project. 23 EXPLOSIVES 23.1 The use of explosives will not be permitted unless written percussion to do so is obtained by the Contractor from the City. In all cases where written permission is obtained for the use of explosives, the Contractor shall assume full responsibility for all damage, which may occur as a direct or indirect result of the blasting. In addition, in all cases where explosives are authorized to be used, the Contractor shall use utmost care so as not to endanger life or property and the Contractor shall further use only such methods as are currently utilized by persons, firms, or corporations engaged in similar type of construction activity. 23.2 Explosive materials shall not be stored or kept at the construction site by the Contractor. 23.3 In all cases where explosives are to be used during the construction of the project contemplated �. by this contract, it shall be the duty of the Contractor to notify each utility company having structures (above or below the ground) in proximity to the site of the work of Contractor's intention to use explosives, and such notice shall be given sufficiently in advance to enable the companies to take such steps as they may deem necessary to protect their property from injury. Such notice, however, shall not relieve the Contractor of responsibility for any damage resulting from his blasting operations. 24 CONTRACTOR'S REPRESENTATIVE The successful bidder shall be required to have a responsible local representative available at all times while the work is in progress under this contract. The successful bidder shall be required to furnish the name, address and telephone number where such local representative may be reached during the time that the work contemplated by this contract is in progress. 25 INSURANCE 25.1 The Contractor shall not commence work under this contract until he has obtained all insurance as required in the General Conditions of the contract documents, from an underwriter authorized to do business in the State of Texas and satisfactory to the City. Proof of coverage shall be famished to the City and written notice of cancellation or any material change will be provided ten (10) days in advance of cancellation or change. All policies shall contain an agreement on the part of the insurer waiving the right to subrogation. The Contractor shall procure. and carry at his sole cost and expense through the life of this contract, insurance protection as hereinafter specified. Coverage in excess of that specified herein also shall be acceptable. Such insurance shall be carried with an insurance company authorized to transact business in the State of Texas and shall cover all operations in connection with this contract, whether performed by the Contractor or a subcontractor, or separate policies shall be provided covering the operation of each subcontractor. A certificate of insurance specifying each and all coverages shall be submitted before contract execution. 25.2 PROOF OF COVERAGE SHALL BE FURNISHED TO THE CITY OF LUBBOCK IN THE FORM OF A CERTIFICATE OF INSURANCE ALONG WITH A COPY OF THE ADDITIONAL INSURED ENDORSEMENT. THE INSURANCE CERTIFICATES FURNISHED SHALL NAME THE CITY OF LUBBOCK AS AN ADDITIONAL INSURED TO ON AUTO/GENERAL LIABILITY ON A PRDL4,RYAND 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 11 l l THIS PARTICULAR PROJECT SHALL BE SUBCONTRACTED. IT SHALL BE THE CONTRACTOR'S RESPONSIBILITY TO PROVIDE TO THE OWNER ALL PROOF OF COVERAGE INSURANCE DOCUMENTS INCLUDING WORKERS COMPENSATION COVERAGE FOR EACH SUBCONTRACTOR. THE ADDITIONAL INSURED ENDORSEMENT SHALL INCLUDE PRODUCTS 1 AND COMPLETE OPERATIONS. 26 LABOR AND WORKING HOURS 26.1 Attention of each bidder is particularly called to the schedule of general prevailing rate of per diem wages included in these contract documents. The wage rate that must be paid on this project shall not be less than specified in the schedule of general prevailing rates of per diem wages as above mentioned. The bidders' attention is further directed to the requirements of Texas Government Code, Chapter 2258, Prevailing Wage Rates providing for the payment of the wage schedules above mentioned and the bidder's obligations thereunder. The inclusion of the schedule of general prevailing rate of per diem wages in the contract documents does not release the Contractor from compliance with any wage law that may be applicable. Construction work under the contract requiring an inspector shall not be performed on weekends or holidays unless the following conditions exist: 26.1.1 The project being constructed is essential to the City of Lubbock's ability to provide the necessary service to its citizens. 26.1.2 Delays in construction are due to factors outside the control of the Contractor. The Contractor is approaching the penalty provisions of the contract and Contractor can show he has made a diligent effort to complete the contract within the allotted time. 26.2 Before construction work requiring an inspector is to be performed on Sunday 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 Sunday 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 1 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 ($60) for each laborer, workman, or mechanic employed for each calendar day, or portion thereof, such laborer, workman or mechanic is paid less than the wages assigned to his particular classification as set forth in the schedule of general prevailing rate of per diem wages included in these contract documents. 28 PROVISIONS CONCERNING ESCALATION CLAUSES Bids submitted containing any conditions which provide for changes in the stated bid price due to increases or decreases in the cost of materials, labor or other items required for the project will be rejected and returned to the bidder without being considered. 12 29 30 31 PREPARATION FOR BID 29.1 The bidder shall submit his bid on forms furnished by the City, and all blank spaces in the form shall be correctly filled in, stating the price in numerals for which he intends to do the work contemplated or furnish the materials required. Such prices shall be written in ink, distinctly and legibly, or typewritten. In case of discrepancy between the unit price and the extended total for a bid item, the unit price will be taken. A bid that has been opened may not be changed for the purpose of correcting an error in the bid price. 29.2 If the bid is submitted by an individual, his name must be signed by him or his duly authorized agent. If a bid is submitted by a firm, association, or partnership, the name and address of each member must be given and the bid signed by a member of the firm, association or partnership, or person duly authorized. If the bid is submitted by a company or corporation, the company or corporate name and business address must be given, and the bid signed by an official or duly authorized agent. Powers of attorney authorizing agents or others to sign bids must be properly certified and must be in writing and submitted with the bid. The bid shall be executed in ink. 29.3 Each bid shall be enclosed in a sealed envelope, addressed as specified in the Notice to Bidders, and endorsed on the outside of the envelope in the following manner: 29.3.1 Bidder's name 29.3.2 Bid for ITB 13-11139-DG, 2013 Micro -Surfacing Project. Bid submittals may be withdrawn and resubmitted at any time before the time set for opening of the bids, but no bid may be withdrawn or altered thereafter. 29.4 Pursuant to Texas Local Government Code 252.043(g), a competitive sealed bid that has been opened may not be changed for the purpose of correcting an error in the bid price. THEREFORE, ANY CORRECTIONS TO THE BID PRICE MUST BE MADE ON THE BID SUBMITTAL FORM PRIOR TO BID OPENING. BOUND COPY OF CONTRACT DOCUMENTS Bidder understands and agrees that the contract to be executed by bidder shall be bound and will include the following: (a) Notice to Bidders. (b) General Instructions to Bidders. (c) Bidder's Submittal. (d) Statutory Bonds (if required). (e) Contract Agreement. (f) General Conditions. (g) Special Conditions (if any). (h) Specifications. (i) Insurance Certificates for Contractor and all Sub -Contractors. (j) All other documents made available to bidder for his inspection in accordance with the Notice to Bidders. If Plans and Specifications are too bulky or cumbersome to be physically bound, they are to be considered incorporated by reference into the aforementioned contract documents. QUALIFICATIONS OF BIDDERS The bidder may be required before the award of any contract to show to the complete satisfaction of the City of Lubbock that it has the necessary facilities, ability, and financial resources to provide the service specified therein in a satisfactory manner. The bidder may also be required to give a past history and references in order to satisfy the City of Lubbock about the bidder's qualifications. The City of Lubbock may make reasonable investigations deemed necessary and proper to determine the ability of the bidder to perform the work, and the bidder shall furnish to the City of Lubbock all information for this purpose that 13 may be requested. The bidder's bid may be deemed not to meet specifications or the bid may be rejected if the evidence submitted by, or investigation of, the bidder fails to satisfy the City of Lubbock that the bidder is properly qualified to carry out the obligations of the contract and to complete the work described therein. Evaluation of the bidder's qualifications shall include: (a) The ability, capacity, skill, and financial resources to perform the work or provide the service required. (b) The ability of the bidder to perform the work or provide the service promptly or within the time specified, without delay or interference. (c) The character, integrity, reputation, judgment, experience, and efficiency of the bidder. (d) The quality of performance of previous contracts or services. (e) The safety record of the Contractor and proposed Sub -Contractors Before contract award, the recommended contractor for this project may be required to show that he has experience with similar projects that require the Contractor to plan his work efforts and equipment needs with City of Lubbock specifications in mind. Demonstration of experience shall include a complete list of ALL similar municipal and similar non -municipal current and completed projects for the past three (3) y years for review. This list shall include the names of supervisors and type of equipment used to perform t work on these projects. In addition, the Contractor may be required to provide the name(s) of supervisor(s) that will be used to perform work on this project in compliance with City of Lubbock specifications herein. 32 BID AWARD 32.1 The City of Lubbock reserves the right to reject any or all bids, reject any particular item on a bid, and to waive immaterial formalities and to accept the offer most advantageous to the City of Lubbock in its sole discretion. Unless otherwise specified herein, the City shall award the bid based on the total bid for Bid Items 1 through 18 plus the sum of any Alternate Bids or Options the City may select. 32.2 All bids are evaluated for compliance with specifications before the bid price is considered. Response to specifications is primary in determining the best low bid. Failure to comply with the specifications may result in disqualification of the bid. 32.3 In case of tie bids, preference will be given to local bidders. Consistent and continued tie bidding may be cause for rejection of bids by the City of Lubbock and/or investigation by the Attorney General to determine possible Anti -Trust violations. 32.4 Before the City may award a bid to a nonresident bidder, the nonresident bidder's bid must be lower than lowest bid submitted by a responsible Texas bidder by the same margin or amount that a Texas bidder would be required to underbid the nonresident bidder in the nonresident bidders' home state. 32.5 Any contract made, or purchase order issued, as a result of this Invitation to Bid, shall be entered into the State of Texas and under the laws of the State of Texas. In connection with the performance of work, the Bidder agrees to comply with the Fair Labor Standard Act, Equal Opportunity Employment Act, and all other applicable Federal, State, and Local laws, regulations, and executive orders to the extent that the same may be applicable. 32.6 NO INDIVIDUAL OF ANY USING DEPARTMENT HAS THE AUTHORITY TO LEGALLY AND/OR FINANCIALLY COMMIT THE CITY TO ANY CONTRACT, AGREEMENT OR PURCHASE ORDER FOR GOODS OR SERVICES, UNLESS SPECIFICALLY SANCTIONED BY THE REQUIREMENTS OF THIS INVITATION TO BID. 32.7 The estimated budget for this project is $5,500,000. 33 ANTI -LOBBYING PROVISION 14 33.1 DURING THE PERIOD BETWEEN THE BID CLOSE DATE AND THE CONTRACT AWARD, BIDDERS, INCLUDING THEIR AGENTS AND REPRESENTATIVES, i SHALL NOT DIRECTLY DISCUSS OR PROMOTE THEIR BID WITH ANY MEMBER OF THE LUBBOCK CITY COUNCIL OR CITY STAFF EXCEPT IN THE COURSE OF CITY -SPONSORED INQUIRIES, BRIEFINGS, INTERVIEWS, OR PRESENTATIONS, UNLESS REQUESTED BY THE CITY. 33.2 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. 34 PREVAILING WAGE RATES 34.1 Bidders 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 34.2 A worker employed on a public work by or on behalf of the City of Lubbock shall be paid not less than the general prevailing rate of per diem wages for the work of a similar character in the locality in which the work is performed, and not less than the general prevailing rate of per diem wages for legal holiday and overtime work. 34.3 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: http://www.wdol.gov/dba.aspx 34.4 It shall be the responsibility of the successful bidder to obtain the proper wage rates from the web site for the type of work defined in the bid specifications. 34.5 A contractor or subcontractor who violates Texas Government Code Section 2258.023 shall pay to the City of Lubbock sixty dollars ($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. 15 I BID SUBMITTAL FORM I I Page Intentionally Left Blank BID SUBMITTAL FORM UNIT PRICE BID CONTRACT DATE: January 22, 2013 ITB 13-11139-DG, 2013 Micro -Surfacing Project Bid of Intermountain Slurry Seal, Inc. (hereinafter called Bidder) To the Honorable Mayor and City Council City of Lubbock, Texas (hereinafter called Owner) Ladies and Gentlemen: The Bidder, in compliance with your Invitation to Bid for the construction of the 2013 Micro -Surfacing Project, having carefully examined the plans, specifications, instructions to bidders, notice to bidders and all other related contract documents and the site of the intended work, and being familiar with all of the conditions surrounding the construction of the intended project including the availability of materials and labor, hereby intends to furnish all labor, materials, and supplies; and to construct the project in accordance with the plans, specifications and contract documents, within the time set forth therein and at the price stated below. The 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. ITEM DESCRIPTION ESTIMATED UNIT OF UNIT PRICE EXTENDED NO. UANTITY MEASURE AMOUNT Micro -Surfacing CSS-1P in accordance with TxDOT Specifications $ 1 Item No. 350, including emulsion, mineral filler, aggregate, labor, 21,500 TN equipment, and all incidentals needed to produce micro -surfacing, Op delivered and lace. , % � �$� 2 CSR-2P Emulsion with 3% latex by volume (2% by weight) for course no. 1, per gallon. Including labor, equipment, and 120,000 GAL preparation of existing surface. Surface aggregate; TxDOT No. 4 crushed stone, meeting gradation and soundness test, including loading and freight at stockpile in the 3 City of Lubbock, for course no. 1. Including labor, equipment, and 2,800 CY preparation of existing surface. Rock must be washed and clean of all dirt and debris before application. 4 Paint stripe tabs for all streets requiring lane line repainting, 15,000 EA 1 including labor, equipment, and preparation of existing surface, etc. 0. 5 co 24" surface preparation on concrete materials including grinding, 5 sealing, pre -marking, elimination of existing markings, and 1,000 LF p installation complete and in -place. 2, za 8" surface preparation on concrete materials including grinding, If 6 sealing, pre -marking, elimination of existing markings, and 1,500 LF 3R p ^ dp t7 installation complete and in -place. Z Type I Thermoplastic pavement marking, .125 mil, 24" white stop 7 line (TxDOT DMS 8220). Including labor, equipment, and 2,700 LF preparation of existing surface complete and in -place. Type I Thermoplastic pavement marking, .125 mil, 24" white 8 continental crosswalk (TxDOT DMS 8220). Including labor, 2,220 LF equipment, and preparation of existing surface complete and in - lace. 3 Type II A -A raised pavement marker (TxDOT DMS 8240). 9 Including labor, equipment, and preparation of existing surface and 2,550 LF �J installation complete and in -place. • %q Type II R-C raised pavement marker (TxDOT DMS 8240). 10 Including labor, equipment, and preparation of existing surface and 850 EA ,+ installation complete and in -place. ITEM DESCRIPTION ESTIMATED UNIT OF UNIT PRICE EXTENDED NO. QUANTITY MEASURE AMOUNT Type I W-C raised pavement marker (TxDOT DMS 8240). 11 Including labor, equipment, and preparation of existing surface, and 3,550 EA s Z. installation complete and in -place. u A <0% Thermoplastic pavement marking Right or Left turn arrow (TXDOT IF 12 DMS 8220). Including labor, equipment, and preparation of 118 EA eo li �t P existingsurface complete and in -place. ,�? 13 4" Thermoplastic lane line elimination. Including labor, equipment, 125,500 LF ,/ and all tools necessary to remove thermoplastic markings. Q t �t sa Izo 14 8" Thermoplastic lane line elimination. Including labor, equipment, 15000 LF 00 and all tools necessary to remove thermoplastic markings. , 24" Thermoplastic lane line elimination. Including labor, 15 equipment, and all tools necessary to remove thermoplastic 3,700 LF 1.61 � markings. 16 Thermoplastic turn arrow elimination. Including labor, equipment, 118 EA and all tools necessary to remove thermoplastic markings. Z 764 ?5- •�®° 17 Raised pavement marking elimination. Including labor, equipment, 7,500 EA A and all tools necessary to remove raised pavement markings. Q, IYg 00r Milling of asphalt surface to various depths at all locations where Micro -Surfaced streets will join at either a concrete valley gutter, or 18 concrete intersection, at varying widths. Including labor, 3,300 SY equipment, and all incidentals needed to ensure a smooth transition between existing concrete surface, and the Micro -Surfaced street. q, The resulting millings to be retained by the City of Lubbock. TOTAL BASE BID ( ITEMS 1-18) $ c Bidder's Initials E`"1 iJ Bidder hereby agrees to commence the work on the above project on a date to be specified in a written "Notice to Proceed" of the Owner and to substantially complete the project within ONE -HUNDRED AND TEN (110) CONSECUME CALENDAR DAYS thereafter as stipulated in the specifications and other contract documents. __. Bidder hereby further agrees to pay to Owner as liquidated damages the sum of ONE -THOUSAND FORTY-FOUR DOLLARS ($1,044) for each consecutive calendar day in excess of the time set forth herein above for completion of i. i this project, all as more fully set forth in the general conditions of the contract documents. Bidder understands and agrees that this bid submittal shall be completed and submitted in accordance with instruction number 29 of the General Instructions to Bidders. Bidder understands that the Owner reserves the right to reject any or all bids and to waive any formality in the bidding. The Bidder agrees that this bid shall be good and may not be withdrawn for a period of SEVENTY (70) calendar days after the scheduled closing time for receiving bids. The undersigned Bidder hereby declares that he has visited the site of the work and has carefully examined the plans, specifications and contract documents pertaining to the work covered by this bid, and he further agrees to commence work on or before the date specified in the written notice to proceed, and to substantially complete the work on which he has bid; as provided in the contract documents. Bidders are required, whether or not a payment or performance bond is required, to submit a cashier's check or certified check issued by a bank satisfactory to the City of Lubbock, or a bid bond from a reliable surety company, payable without recourse to the order of the City of Lubbock in an amount not less than five percent (5%) of the total amount of the bid submitted as a guarantee that bidder will enter into a contract, obtain all required insurance policies, and execute all necessary bonds (if required) within ten (10) business days after notice of award of the contract to him Bidder's Initials _5 4 1_ Enclosed with this bid is a Cashier's Check or Certified Check for N/A Dollars ($ ) or a Bid Bond in the sum of Five Percent (5%) of Bid Amount Dollars ($s%- of Bid ), which it is agreed shall be collected and retained by the Owner as liquidated damages in the event the bid is accepted by the Owner and the undersigned fails to execute the necessary contract documents, insurance certificates, and the required bond (if any) with the Owner within ten (10) business days after the date of receipt of written notification of acceptance of said bid; otherwise, said check or bond shall be returned to the undersigned upon demand. Bidder understands and agrees that the contract to be executed by Bidder shall be bound and include all contract documents made available to him for his inspection in accordance with the Notice to Bidders. Pursuant to Texas Local Government Code 252.043(a), a competitive sealed bid that has been opened may not be changed for the purpose of correcting an error in the bid price. THEREFORE, ANY CORRECTIONS TO THE BID PRICE MUST BE MADE ON THE BID SUBMITTAL FORM PRIOR TO BID OPENING. (Seal if Bidder is a Corporation) AT T: / Cynthia P. Johnson %&pUjWAssistant Secretary Bidder acknowledges receipt of the following addenda: Date: January 2 , 2013 Authorized Signature Kathleen Schreckengost, Vice -President (Printed or Typed Name) Intermountain Slurry Seal, Inc. Company 585 West Beach Street Address Watsonville Santa Cruz City, County CA 95076 State Zip Code Telephone: 831 - 724-1011 Fax: 831 768-4021 Addenda No. �_ Date FEDERAL TAX ID or SOCIAL SECURITY No. Addenda No. �Date�io i 87-0307259 Addenda No. Date Addenda No. Date EMAIL: tdi'&kaef, Ste,.} & 6Aejw4, ed, M/WBE Firm: Woman Black American Native American Hispanic American Asian Pacific American Other S eci 5 i f i Contractor's Qualifications and General Information Business As Business Address of Principle Office Intermountain Slurry Seal, Inc. 585 West Beach Street Watsonville, CA 95076 Telephone Numbers 831 724-1011 Main Number Fax Number 831 768-4021 Web Site Address Form of Business (Check One) )( I A Corporation artnership An Individual A P Date of Incorporation Aril 23 1982 State of Incorporation Wyoming Chief Executive Officer's Name President's Name Kathleen Schrecken o t Darren S. Beevor Vice President's Name(s) Secretary's Name Treasurer's Name Date of Organization State whether partne limited I Name I Business Address is general or David J. Brunton, Assistant Secret, Cynthia P. Johnson, Assistant Seci Don Larson, Assistant Secreta Average Number of Current Full Time Employees _ 161 6 Average Estimate of Revenue for the Current Year 1$89,386,000 Contractor's Organizational Experience Organization Doing Business As Intermountain Slur[y Seal, Inc. Business Address of Regional Office Name of Regional Office Manager Telephone Numbers Main Number 831 724-1011 Fax Number 831 768-4021 Web Site Address List of names that this organization currently, has or anticipates operating under over the history of the organization, including the names of related companies presently doing business: Names of Organization From Date To Date See Appendix Al List of companies, firms or organizations that own any part of the organization. Name of companies, firms or organization Percent Ownership Granite Construction Incorporated 10 % Years experience in projects similar to the proposed project: 31 years As a General Contractor 131 years I As a Joint Venture Partner Has this or a predecessor organization ever defaulted on a project or failed to complete any work awarded to it? NO If yes provide full details in a separate attachment. See attachment No. Has this or a predecessor organization been released from a bid or proposal in the past ten ears? NO If yes provide full details in a separate attachment. See attachment No. Has this or a predecessor organization ever been disqualification as a bidder or proposer by any local, state, or federal agency within the last five ears? NO If yes provide full details in a separate attachment. See attachment No. Is this organization or your proposed surety currently in any litigation or contemplating litigation? NO If yes provide full details in a separate attachment. See attachment No. Has this or a predecessor organization ever refused to construct or refused to provide materials defined in the contract documents? NO If yes provide full details in a separate attachment. See attachment No. ri I Contractor's Proposed Key Personnel Doing Business As I Intermountain Slurry Seal, Inc. Provide a brief description of the managerial structure of the organization and illustrate with an organizational cart. Include the title and names of key personnel. Include this chart at an attachment to this description. See attachment No. See Appendix 131 Provide a brief description of the managerial structure proposed for this project and illustrate with an organizational cart. Include the title and names of proposed key personnel and alternates. Include this chart at an attachment to this description. See attachment No. Appendix E-2 Provide information on the key personnel proposed for this project that will provide the following key functions. Provide information for candidates for each of these positions on the pages for each of these key personnel. Also provide biographical information for each primary and alternate candidate as an attachment. The biographical information must include the following as a minimum: technical experience, managerial experience, education and formal training, work history which describes project experience, including the roles and responsibilities for each assignment, and primary language. Additional information highlighting experience which makes them the best candidate for the assignment should also be included. Role Primary Candidate Alternate Candidate Project Manager I B v n Josh Bowen Project Superintendent Dallas Isakson Jared Roseman Project Safety Officer Jesse Torres Derrick Christensen Quality Control Manager (;anrna PPtarcnn Kenna Sweat If key personnel are to fulfill more than one of the roles listed above, provide a written narrative describing how much time will be devoted to each function, their qualifications to fulfill each role and the percentage of their time that will be devoted to each role. If the individual is not to be devoted solely to this project, indicate how time it to be divided between this project and their other assignments. 8 Proposed Project Managers Business As Intermountain Slurry Seal. Inc. Name of Individual Michael Bevan Years of Experience as Project Manager 1 year Years of Experience with this organization 12 years Number of similar projects as Project Manager 30 plus Number of similar projects in other positions 1 120 plus Current Project Assignments Name of Assignment Percent of Time Used for this Project Estimated Project Completion Date City of Tucson PPP FY13 15% June 15th Citv of El Paso Micro -surfacing 2013 20% July 1st UDOT SR-121 10% Aug. 30th Reference Contact Information(listing names indicates ap oval to contactingthe names individuals as a reference Name Name Cody Blevins Title/ Position Streets Swerintendent Title/ Position Organization City of Hobbs NM Organization CitV of Lubbock Telephone 575-602-1793 Telephone 806-786-6012 E-mail mberry@hobbsnm.org E-mail Cody@Mylubbock.us Proiect (h/ of Hnhhs Micro-Surf2cina I Proiect City of Lubbock 2011 Candidate role on (Superintendent 2011/Project Manager 2012I Candidates role I Superintendent Proiect on Proiect Name of Individual Josh Bowen Years of Experience as Project Manager 1 year Years of Experience with this organization 3 years Number of similar projects as Project Manager 30 plus Number of similar projects in other positions 150 plus Current Project Assignments Name of Assignment Percent of Time Used for this Project Estimated Project Completion Date UDOT Micro -surfacing Various Locations Region 1 10% June 15th ITD US-95 Micro -surfacing FY13 10% Juiy 10th UDOT Micro -surfacing 2 Locations Utah County i Name Thomas Ro lance 15% Name August 25th Steve Poulson Title/ Position Resident Engineer Title/ Position Resident Engineer Organization UDOT Organization UDOT Telephone Telephone 801-887-8761 E-mail Tro lane Utah. ov E-mail stevepoulson@utah.gov Project I oroiects 2012Project SR-282 North & South Campus Drive Candidate role on Project Project Engineer I Candidate role on Project Project Engineer 9 Proposed Project Superintendent Organization Doing Business As Intermountain Slurry Seal, Inc. Name of Individual Dallas Isakson Years of Experience as Project Superintendent 1 year Years of Experience with this organization 5 years Number of similar projects as Superintendent 5 plus Number of similar projects in other positions 50 plus Current Project Assignments Name of Assignment Percent of Time Used for this Project Estimated Project Completion Date City of Hobbs 2013 o May 1st If awarded City of Lubbock Micro -surfacing 2013 100% Aug. 15th Reference Contact Information(listing names indicates ap royal to contactingthe names individuals as a reference Name Name I Dwaine Title/ Position I strnPtc Runnrinfendent I Title/ Position I Insnactnr E-mail ra E-mail dwaine m ubbock.us Project cin 2011 Project k 2011 Candidate role on Paver Operator/ Foreman Candidate role Pave Operator/Foreman Project on Project Name of Individual ,eared Roseman Years of Experience as Project Superintendent 6 Years Years of Experience with this organization 11 years Number of similar projects as Superintendent 40 plus Number of similar projects in other positions 100 plus Current Project Assignments Name of Assignment Percent of Time Used for Estimated Project this Project Completion Date City of Tucson PPP FY 2013 100% June 15th Name Chico Quintana Name Jim Schmidt Title/ Position Title/ Position Project Manager Organization City of Far min on NM Or anization Koch Performance Roads Telephone Telephone 316-828-2465 E-mail c uin a mtn.or E-mail SchmidUdKoohind.corn Project I CitV of Farmington 2012 1 Project I HS-550ct Candidate role on Proiect Superintendent I Candidate role I on Proiect Superintendent Litz Proposed Project Safety Officer Organization Doing Business As Intermountain Slur Seal, Inc. Elm Name of Individual Jesse Torres Years of Experience as Project Safety Officer 7 plus years Years of Experience with this organization S plus years Number of similar projects as Safety Officer 500 plus Number of similar projects in other positions 30 plus Current Project Assignments Percent of Time Used for Estimated Project Name of Assignment this Project Completion Date City of Tucson PPP FY13 10% June 15, 2013 City of El Paso Micro -surfacing 2013 10% July 1,2013 UDOT SR-121 10% Aug. 30, 2013 Reference Contact Information(listing names indicates approval to contacting the names individuals as a reference Name I Brent Green Name Title/ Position Re ional Safety Manager Title/ Position TXDOT Regional Safety Director 214-229-817 E-mail I E-mail Project a k TX Project EasVVVest Freeway Lubbock, TX Candidate role on SafetyCoordinator Candidate role Prniert on Project Safety Coordinator Name of Individual Derrick Christensen Years of Experience as Project Safety Officer 1 years Years of Experience with this organization 1 years Number of similar projects as Safety Officer 1 years Number of similar projects in other positions Current Project Assignments Name of Assignment Percent of Time Used for this Project Estimated Project Completion Date City of Tucson PPP FY13 5% June 15. 2013 City of El Paso Micro -surfacing 2013 5% July 1, 2013 UDOT SR-121 Name 5% Name 1 Au ust 30, 2013 Adam Johnson Title/ Position Di-qtrict Safety Manaaer Title/ Position Safety Manaaer E-mail E-mail adarn,4ohnsonestemsummit.com Project Project 1085 Candidate role on Candidate role Safety Project safety on Project Proposed Project Quality Control Manager organization Doine Business As Name of Individual Years of Experience as Quality Control Manager 12 years Years of Experience with this organization 7 years Number of similar projects as Quality Manager 500 plus Number of similar projects in other positions 500 plus Current Project Assignments Name of Assignment Percent of Time Used for Estimated Project this Project Completion Date 2013 Jobs As awarded to Intermountain Slurry Seal 15% 12/31/13 Reference Contact Information(listing names indicates ap oval to contactingthe names individuals as a reference Name Name RuMV Price Title/ Position Phnt Msnaopr Title/ Position Mstem RegionManager Organization Organization Intermountain Slurry Seal Telephone _ _ Tel hone 801-869-5101 E-mail E-mail RustyPrjceDacinc.COM Proiect -W rk rat Koch Project Texas National Park Project Candidate role on Pmiect Quality Control Candidate role on Proiect Quality Control Name of Individual Kenna Sweat Years of Experience as Quality Control Manager 6 years Years of Experience with this organization 10 plus years Number of similar projects as Quality Manager 6 Number of similar projects in other positions 2 Current Project Assignments Name of Assignment Percent of Time Used for this Project Estimated Project Completion Date 2013 Jobs as awarded to Intermountain Slurry Seal 15% 19/11/13 Namt Title/ Name hoe Kosine Telephone _ Telephone 303-358-1915 E-mail ky inypilastakerparSon.com E-mail y Project Multiple Projects Project Candidate role on Quality Control Candidate role Proiect on Proiect Quality Control 12 r Contractor's Project Experience and Resources r Organization Doing Business As Intermountain Slur Seal Inc. Provide a list of major projects that are currently underway, or have been completed within the last ten years on Attachment A 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. See Appendix C3 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 See Appendix C4 �Z Pac�eS) 4. Cost control 5. Quality management 6. Project site safety 7. Managing changes to the project 8. Managing equipment 9. Meeting HUB / MWBE Participation Goal Provide a list of major equipment ro osed for use on this project. Attach Additional Information if necessary Equipment Item Primary Use on Project Own ill Buy Lease SeeADoendix Note: All equipment is ow ed. What work will the organization complete using its own resources?-n ;0ew%4Z ^i6i0Ul4'$*aGi J-,}rr4 SP}�Gi t1i lliw9Q L}+rrA ' 7- G 1Z x4m # 3 Sutsr6-6e $t� a�ec-rrl� .* 4cm-#4 Paiw+ What work does the organization propose to subcontract on thisproject? Al) paveim-,- MO 'An 7-4em5 74etis C fMoa,Q 13 Contractor's Subcontractors and Vendors 14 INTERMOUNTAIN SLURRY SEAL, INC. LIST OF AFFILIATES We define "Affiliate" as our Parent Company (Granite Construction, Inc.) and any direct consolidated subsidiary of our Parent Company. Granite Construction Incorporated — Parent P O Box 50085 Watsonville, CA 95077-5085 Granite Construction Company — Affiliate P O Box 50085 Watsonville, CA 95077-5085 Granite Land Company - Affiliate P O Box 50085 Watsonville, CA 95077-5085 Granite SR 91 Corporation — Affiliate P O Box 50085 Watsonville, CA 95077-5085 GILC Incorporated —Affiliate P O Box 50085 Watsonville, CA 95077-5085 Granite Construction Northeast, Inc. — Affiliate P O. Box 50085 Watsonville, CA 95077-5085 Granite Construction International — Affiliate P O Box 50085 Watsonville, CA 95077-5085 Pozzolan Products Company (P.P.C.) —Affiliate P O Box 50085 Watsonville, CA 95077-5085 Intager LLC - Affiliate P O Box 50085 Watsonville, CA 95077-5085 Names operated under: Bear River Constructors and Intermountain Slurry Seal, Inc. merged 12/21/1999 and were then named ISS, Inc. then changed their name on 05/24/2000 to their current name of Intermountain Slurry Seal, Inc. because of name duplication. Updated: 03/07/2012 Appendix Al L:\Shared.TRS\Risk Mgt\Shared.BON\ I Mst Att\201 1 \Subs & AfFls & JV\ LA ISS List of Affiliates LIST OF SURETY AGENCIES Chubb Group of Insurance Companies — Federal Insurance Company —1926 to Present 15 Mountain View Road I Warren, NJ 07059 J Contact: Mike Fay, Executive Underwriting Specialist (908)903-3484 State of Incorporation: Indiana a Rating — AM Best: A++ XV; Moody's: Aa2; Standard & Poors: AA NACI #: 20281 California License No.: 0059-6 The Travelers Companies, Inc. — August 1, 2002 to Present Travelers Casualty and Surety Company of America Travelers Casualty and Surety Company 1 Tower Square Hartford, CT 06183 Contact: Brien Bialaski, Vice President (860) 277-1914 State of Incorporation: Connecticut Rating — AM Best: A+ XV; Moody's: Aa2; Standard & Poors: AA- NACI #: 31194 California License No.: 244-8 Zurich North America — February 1, 2004 to Present Zurich American Insurance Company Fidelity and Deposit Company of Maryland 1400 American Lane Schaumburg, IL 60196 Contact: James Carroll, Senior Vice President (410) 559-8708 State of Incorporation: Zurich — New York; F & D - Maryland Rating — AM Best: A XV; Moody's: Al; Standard & Poors: AA- NACI #: 16535 (Zurich), 39306 (F&D) California License No.: 2479-4 Agent Name and Address: Aon Risk Insurance Services West, Inc. 199 Fremont Street, Suite 1500 San Francisco, CA 94105 (415) 486-7442 Contact: John D. Gilliland —Vice President License # 0363334 Expiration 06/30/2013 Single Job Capacity: $300,000,000. Aggregate Capacity: $5,000,000,000. Updated: 11 /15/2012 Appendix A10 Updated: 01/07/13 INTERMOUNTAIN SLURRY SEAL, INC. List of Officers � -Bice I'o Kyle T. Larkin President Kathleen Schreckengost Vice President, Treasurer & Assistant Secretary Darren S. Beevor Vice President, Controller & Secretary David J. Brunton Assistant Secretary Cynthia P. Johnson Assistant Secretary Don Larson Assistant Secretary Gary R. Price Assistant Secretary Appendix B1 1 ^3� sh`m3iSi3c�ii8g2i�r�� ORIN J in 3 3 3 3 3 3 3 3 3 3 3 3 3 3 3 3 3 3 3 3 3 3 3 3 3 3 3 3 3 3 3 3 3 3 3 3 3 3 3 3 3 3 W U _ _ _ r �J Intermountain Slurry Seal, Inc. Largest Completed Jobs Last 5 Years (2007-2011) Name of Engineer in Charge Job Name, Location of Project, and Kind (Owner), Phone, Fax, and E- Contract Complete Number Name and Address of Owner of Work mail if available). Amount Date 160493 City of Lubbock City of Lubbock 2011 Microsurfacing Cody Blevins 4,102,910 08/20/11 1625 13th Street Contract# ITB 11-9912-FO(9912) (806)775-3680 Lubbock, TX 79401 Lubbock County, TX (806)775-2164 (F) Microsurfacing, Traffic Control & Paint cblevins(&mvlubbock.us 160511 ND Department of Transportation 1-94 Medore State Line to Fryburg Microsurfacing Rob Rayhom 3,970,670 09/15/11 1700 3rd Ave West Contract# SIM-5-094(061)000 (PCN-17127) (701)227-6511 Dickinson, ND 58601 Billings & Golden Valley County, ND (701)227-6505 (F) Microsurfacing rra horn nd. ov 161230 NV Department of Transportation Chip Seal Project Boyd Ratliff 3,765,902 10/31/11 1263 South Stewart Street Contract #: D3-033-10 (775) 888-7865 Carson City, NV 89712 White Pine County, NV (775) 813-3582 (F) Chip Seal 160455 FHWA Big Bend National Park Pavement Project Aaron Sanford 5,098,000 12/31/10 12300 W Dakota Ave Contract #: DTFH68-10-C-000020 (720)963-3500 Denver, CO 80228 Brewster County, TX (720)963-3360 (F) Resurfacing Overlay aaron.sanfordafhwa.dot.aov 160357 Federal Highway Administration Canyonlands National Park Chip & Slurry Seal Chuck Luedders 71075,855 12/31/09 12300 West Dakota Ave, Suite 167 Contract# CO PRA/NPS IMR-PRES-1(08) (720) 963-3725 Lakewood, CO 80228 San Juan County, UT charies.luedders@fhwa.dot.gov Chip Seal, Slurry Seal 160360 UT Department of Transportation 1-15 from Ramps MP 239-257 Microsurfacing Jim Golden 4,718,872 12/31/09 658 N 1500 W Contract#: F-115-6(180)239 (801) 222-3436 Orem, UT 84057 Utah County, UT (801) 222-3057 (F) Microsurfacing jimgolden@utah.gov 161203 NV Department of Transportation NDOT Statewide Microsurfacing Kent Myer 6,458,152 12/31/09 1263 South Stewart Street Contract#: DO-125-08 (775) 888-7050 Carson City, NV 89712 Statewide - NV (775) 888-7211 (F) Microsurfacing kmaver@dot.state.nv.us 161211 Regional Transportation Comm RTC 2009 Preventative Maintenance Scott Gibson 5,198,912 12/31/09 1105 Terminal Way, Suite 108 Contract#: 343009 (775) 335-1847 Reno, NV 89501 Washoe Valley, Washoe County (775) 348-3250 (F) Microsurfacing, Slurry Seal, Stripping (775) 742-6094 (M) sgibson@rtcwashoe.com Updated: 03/12/11 L:\Shared.TRS\RiskMgt\Shared. BON\ Mstr Att\2010\Comp Jobs\ISS\ ISS Largest Completed Jobs Appendix C2 Page 1 of 1 INTERMOUNTAIN SLURRY SEAL, INC. Utah CONSTRUCTION EXPERIENCE OF KEY PERSONNEL 1 `i .a. r r .xf:. �s M 3'3 t.. ,xv, d?`5 f.. ,«� �3t , �-. l' ,fy'f,. i„C s �. x.� ,'�, ,, ;w,r. vt «. °' a <. q l s �.: � u , ..✓v'", "^ i slf n: a ''n, ;af' x'?,4. u, °A ,fig al <��, �xd M UF!"v"�'. AM ;( u2 �„f �trt � k ?w ��',^''La✓;,u!'#.:�..<i,��,'�.n,:.,2,,u}xtz,M.+sa, g, B ' ..,. �rxY ,�^ #�r G"e„ ,,..M„a.,, .,.e .ry „�?'?!'x�#�.':}.a. S, r';s1,A.:,,:, ,,.fi flr,. ,,`k?is: S ,: tx' •�: , ,:. ,. f N ., n..,.>.,r.„..x ri�n�rtc ,, rn....��wst?„t.s2r,,., ax,,,ss ,,.. x <:: ,.. ,� ,� f�#.reJawrp.;,. r ...��.",s�rc>"!�21., nmrC;a#G.�nx ,.s�..;< fib�.«r �9 �r�,,,. ,,�u; ,anTM;r`!7 �'„�.,, .z,7 . �tsaPo-. ��,,, G. Rusty Price 28 Over $ 400 M A BM Shawn Fielding 20 Over $ 200 M A OM Paul Foster 9 Over $ 100M A PM Ronald Jensen 33 Over $ 100M A Supt Leslie Mabey 18 Over $ 100 M A PM James Wamer 19 Over $ 200 M A AM A................Highways E............. Pipelines 8............... Structures F................ Safety C.................. Dams G.............. Airports D.................Tunnels H............... Marine AM........ .. Area Manager OM ..... Operations Manager ABM.. Asst. Branch Manager PM ......... Project Manager BM ......... Branch Manager ABM.. Asst. Branch Manager Updated: 0318/12 L:1Shared.TRSlRisk MgmtlShared.BON1 Mstr Att120101Const Exp11SS1UT Const Experience Appendix C3 PM........... Project Manager PE........... Project Engineer QC............ Quality Control Supt........... Superintendent Safety......... Safety Engineer RCE....... Reg. Civil Engineer Appendix C4 Immediately upon Notice of Award, Intermountain's key project team members will assemble for the purpose of identifying, prioritizing, and establishing guidelines for specific activities. These identified activities will become the first stepping stones towards a successful project in which Intermountain and the City can continue to build an equally successful relationship. The following Key issues inherent to the project will be reviewed: • Managing Construction • Establish a project plan • Develop a schedule • Monitor schedule p • Manage changes that occur • Make safety and quality a priority • Be pro -active and quick to respond to requested information, conflicts and problems • Create a team atmosphere • Good Housekeeping and organization of the work is key • Build Trust through open communication and partnering to maximize success • Create a project close out plan t Our company conducts "in-house" preconstruction meetings that will establish a foundation for further planning and execution. The purpose of the in-house preconstruction meeting will be to review keys to a successful project and establish the construction schedule. Topics that are discussed in planning meetings for project management are; safety, dispatch or transportation of materials and equipment, materials suppliers, equipment needs and maintenance, quality control, subcontracts and business administration. It is our philosophy that communication between our project management team is a key to a successful project. Communication with the customer or owner is equally important. Project engineers are responsible for reviewing the plans, designing work plans for the superintendent, tracking 9 job costs and quantities on each project. Specific Details for Proiect Success: so 1. Contract Administration: Execute contracts upon receipt. Schedule Pre -Construction meeting, Start work upon receipt of Notice to Proceed. Continue working until contract is complete. 2. Management of subcontractor and Supplier: Execute subcontract agreement, requiring subcontractors on jobsite to meet all Intermountain Slurry Seal and City of Lubbock Safety Regulations. J Intermountain Slurry Seal will have a representative with all subcontractors while they ,. are preforming their work. To ensure all work on project meets the city expectations and contract requirements. Communicate regularly with supplier to ensure material is on project site when needed 1 so as not to hold up production, Material will be tested to ensure that all materials are meeting contract specifications. 3. Time Management: Project Managers schedule projects in general, the Project Superintendent is _f responsible for the detailed schedule. This is accomplished at least one week in advance. For residential work, residents are notified of our construction activities at least one week and then again twenty four hours in advance. Intermountain Slurry Seal will turn in weekly schedules to owner, to keep them f ,f informed to the progress of the project. Intermountain Slurry Seal intends to work 6 days a week to ensure timely completion of project. 4. Cost Control: Communicate Daily with owner to keep them informed on quantities in place. y Submit daily production records to owner. Monitor placement of materials to ensure that specification are being met. S. Quality Management: Preform Mix Design test to ensure materials will meet contract specifications. Preform quality test on material prior to shipment to project Submit daily bill of lading, and Certificate of Compliance. 1-7 6. Project site Safety: ' Perform Daily Safety meeting with crew at beginning of shift. Constantly monitor employees, and subcontractors for unsafe behaviors, and correct immediately. Conduct daily jobsite inspection looking for deficiencies. Ensure all Traffic control is set up according to local and national standards. F 7. Managing changes to project t.-., Communicate daily with owner on any changing condition. If any changes are needed it will discussed and agreed upon with owner 8. Managing Equipment: Fields Mechanic will be onsite to address any equipment repairs that may be needed. 9. Meeting HUB / MWBE Participation Goal. 1 There is no goal stated in the contract; however we have contacted DBE trucking firms to transport material. I inralmuntian Sway Seal EnNmnneatal VbWdm 5 yews Vlllaa-1/11M cry of Lubbock Miaoaunadnp General: In additional to the issue specific steps taken to prevent reo=wrence of regulatory issue, Granite has instituted programmatic measures to achieve consistent and reliable cornpiiance across all business units. Granite has implemented an Environmental Management System (EMS) that conforms to ISO 140D1. The process of writing and implementing the EMS began is 2006. In 20DS the EMS was updated to conform to ISO 14001. Initially the scope of the EMS was focused on fixed construction materials facilities such as quarries, sand and gravel plants and asphalt plant In 20D9 it was updated again to incorporate construction operations. In 2009 Granite also upgraded its permit and compliance database to a more comprehensive web based solution. Granite is committed to continual improvement. The Environmental Management System is regularly reviewed for effectiveness and Granite's environmental performance is revievved by management Updates to procedures are made at a minimum annually. Environmental citations are reported to the corporate environmental department within 24 hours of receipt. The report includes corrective actions taken. Follow-up information is subrAtted with a root cause analysis and actions to be taken to prevent a reoccurrence. An incident review is conducted and if appropriate disciplinary action taken. .tF]��t�._�_..i�____._.'. � f tl11=3 Appendix D1 Attachment # - E2 Area Manager Bryan Warner Construction Manager Shawn Fielding Primary Project Manager Michael Bevan Superintendent Dallas isakson Safety Officer Jesse Torres Quality Control Manager George Peterson .Alternate Proiect Manager Josh Bowen Superintendent Jared Roseman Safety Officer Derrick Christenson Quality Control Manager Kenna Sweat Appe.,,rjl�x 9-S EQUIPMENT BOOK REPORT ... ..... ... --- ------- -- -- Intermountain Slurry Seal, Inc. Model ,,Dat-:,Fui e,,,,,, :;MewI.- 1i6ense, Year, 'Descrlptiqp SeriatNumber Acquired':" 'Used' Number: �,IYF TWAMC 630 TON - --- --- ------- - 6-- 8-8- 7--, 9 n, bb ......... ... TRAIL KING TILT DECK TRAILER 1TKCO2126LM095002 03/06/06 U 54500p N ,TWAMCO 30 TON TRANSPORT TRLR AT9FN553971473006 05/22/07 N 09481 r 07 ETNYRE 5400 GL TANKER TRLR 1 E9T572997EO07187 04/04/07 N 04613r ETNYRE 5400 GL TANKER TRLR 1 E9T573007EO07188 04/09/07 N 04614r 01/30/08 . ....... ........... N D 01/31/08 N 71 HEIL WATER TRAILER 922821 03/19/97 U 96141 m 73 --------------- . ........ -T,-R,-A-I- LIM A --- S TER WATER TRAILER 03/19/97 U 96142m I LSi��dE-T yo OIL TANKER 950760 05/08/95 U 82372e N 92 FLOWBOY TRAILER 1H9SS4121NN101934 05/08/95 U 58168k 93 `FLOWBOY TRAILER 1H9SS4128PN101979 M 05/08/95 m U 04875f 06/ 0 3/02 U 0 4464n N 3 27 38n 03 01 04 :TWAMCO 15TON TILT DECK TRAILER '1T9PT322031473010 04/30/03 N !PETRB SUPER DUMP, 12 WHEELER 1XPALEOX5TD400850 08/01/95 N - -- -------------------------- - ----- ----------------- PETRB SUPER DUMP, 12 WHEELER 1XPALEOXOTD400853 08/01/95 N INTL 1.5 1 HTSCABM41 Ottkd ��db Lb L ------- ---- - - X34D812073 05/08/03 N PETRB 3 AX TRACTOR PETRB 379 4 AXLE TRACTOR INTL .5 TON MECHANIC TRUCK PETRB 335 SM MECHANIC TRUCK PETERBILTVDUMP 16 YARD FORD 1.25 TON SUPER DUTY 1XP5DBOX24D812075 1 04/07/03 ;1XP5DBEX54 1HTMPAFM5, 03/02/04 N 03/02/04 N 2NPLHD6XX7M681498! 08/21/06 N 1 FDXW46P47EB281-937--1-0l2'3i66-'--"--N 1XPWDBEX18D75036405/2 2--/0-7 ------- -N'-' PETRB SUPER DUMP 16 WHEELER i1NP, 98 PETRB SUPER DUMP 16 WHEELER 1 1 39363n N 125852 D 109884 D 108238 D 119441 D 119418 D 01/17/03 U 118874 D —189,--05,-- D- 98 PETR13 SUPER DUMP, 16 WHEELER ;1NPAXUOX6WD46604.1 04/01/04 U 133261 D 91 �AUTOCAR 14YD DMP 5AX W/PINTLE �4V2RCBCH4MU509953 01/01/04 U 125970 D 96 FORD 1.25 TON SUPERDUTY 1 FDXF46F2XEC99399: 03131/99 N D 5-2-00 G'L-OIL -D`I§T ANPALBOX9YD516729 07/27/01 U 125642 D 00 3 AX 357 SLURRY TRk'- 1NPAXEUX4YD546598 04/27/00 N 99778 D 93 XENWO 20YD DUMP 5 AXLE W/PENEL 1NKWXBEX9PS597878 05/08/95 U 89342 D 94 KEN Akl:ff'fRAb-fdR-*--- 11XKWDB9X8RS636116 " ,- 05/08/95 U - --- -------- 5098 D 94 K E N W 0 2 0 Y D DUMP 5 AXLE W/ i Nt L iN - k -%W- Bf X-7- R-S 6-- 3-- 4-8-- -9-E- -0, -5- /-"0- 8-1- 9-5" - 0— 1-5-2, , -6 5- 7- 7 -D--- 94 KENWO 20YD DUMP 5 AXLE W/PEi4ffL7TiN] - 89340 D 94 !AUTOCAR 16YD DMP 8AX W/PINTLE 4V2SCBCH7RR513880; 01101i -WPoU - - --------------------- 125971 D 94 IAUTOCAR 16 YD DMP 8AX W/PINTLE 4V2SCBCH9RR5138811 01/01/04 U LL 125972 D 94 AUTOCAR 16YDDMP -6-AX W/PINTLE6R-R, ... 5-1-3-8-8-2 01/01/04 U 125973 D 97 PETRB SUPER 10 WHLR 16YD DUMP :lNPAXTOX3WD452873 10/29/97 N D --- 6-2 - ------ FORD .'7*5--Tb'N' ---CREWCAB-," --- PICKUP--,- - 1- F` T--N-W-2-b --- F 6--2"- -E ... B,9,-9--6-9-4--:,--O3""-/O"-8,/-O-,2-"--- N 107625 D 02 FORD.75 TON CREWCAB PICKUP 03/08/02 N 107626 D 02 FORD.75 TON CREWCAB PICKUP -- -------- 1FTNW20Fl2EB996§7�--O"3-'/"0'8-'/-O'-2"----'"---N"-----'-'-l'-O-'7-"6:�7 7F6F��.75 TON CREWCAB PICKUP 1 FTNW20FX2EB99696 03/08/02 -------- -- N 107628 Dry 03 FORD.75 TON CREW CAB 119042 D 03 F OR D .75 TON CREW CAB 1 FTNW20P 7 3 E C75 1 1 2 03/ 2 7/03 N 119043 04 FORD.75 TON CREW CAB PICKUP 1FTNW20Pl4EC32273 02/12/04 N 126128 D 04 --- --------------- FORD.75 TON CREW CAB PICKUP 1 FTNW20P34EC32274 02/12/04 N 126129 TON CREW CAB PICKUP W 1FTNW20P54EC32275 02/12/04 N 126130 04 'FORD .75'tbN-'bkifW'CAB 'i5"ibkUi5 j��126131 D b , - D ,SUPERIOR DT80J BROOM 805175 09/30/05 U D ifk-EbAb' ---------- 10/20/06 U D 00 I-R PT125R PNEU ROLLER 161548 02/28/00 N D P 11/29/99 U I-R PT125R PNEU ROLLER '170097 05/22/02 U D 01 - ------ --- - -------- --------- :BERGKAMP SLURRY MACHINE 'b - ---- ----- - ------ ...... 64" 04/09/01 N D B, - E- R-- -G-, K- A- MP -M -1,-C-"-R-- 0--P--A--,V, -E`lR-- -)0-'3"-,--0,- '0-0-7 --------- -- -- - ----------- 02/24/03 N D 03 73bb677-6-5-10 6-/- -3 07 . ...... ..... fftj���im MICRO PAVER .. 02/09/07 N D 98 BEARCAT 2002 CHIP SPREADER 04/08/98 N D -63 ------- �R` A W'S`b`N- -7-4-8-3-0, SCREENING ...---- 05/14/03 N Pate Intentionally Left Blank CITY OF LUBBOCK INSURANCE REQUIREMENT AFFIDAVIT To Be Completed by Bidder and Agent Must be submitted with Bid I, the undersigned Bidder, certify that the insurance requirements contained in this bid 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 bid. Contractor ( riginal Signa e) Kathleen Schreckengost, Vice -President Contractor (Print) CONTRACTOR'S BUSINESS NAME: Intermountain Slurry Sea], Inc (Print or Type) CONTRACTOR'S FIRM ADDRESS: 585 W Beach Street Watsonville, CA 90576 NOTE TO CONTRACTOR If the time requirement specified above is not met, the City has the right to reject this bid and award the contract to another contractor. If you have any questions concerning these requirements, please contact the Director of Purchasing & Contract Management Office for the City of Lubbock at (806) 775-2572. BID # 13-11139-DG, 2013 Micro -Surfacing Project Papae Intentionally Left Blank I 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 bids on City contracts. Pursuant to Section 252.0435 of the Local Government Code, City of Lubbock has adopted the following written definition and criteria for accurately determining the safety record of a bidder prior to awarding bids on City contracts. The definition and criteria for determining the safety record of a bidder for this consideration shall be: The City of Lubbock shall consider the safety record of the bidders in determining the responsibility thereof. The City may consider any incidents involving worker safety or safety of the citizens of the City of Lubbock, be it related or caused by environmental, mechanical, operational, supervision or any other cause or factor. Specifically, the City may consider, among other things: a. Complaints to, or final orders entered by, the Occupational Safety and Health Review Commission (OSHRC), against the bidder for violations of OSHA regulations within the past three (3) years. b. Citations (as defined below) from an Environmental Protection Agency (as defined below) for violations within the past five (5) years. Environmental Protection Agencies include, but are not necessarily limited to, the U.S. Army Corps of Engineers (USACOE), the U.S. Fish and Wildlife Service (USFWS), the Environmental Protection Agency (EPA), the Texas Commission on Environmental Quality (TCEQ), the Texas Natural Resource Conservation Commission (TNRCC) (predecessor to the TCEQ), the Texas Department of State Health Services (DSHS), the Texas Parks and Wildlife Department (TPWD), the Structural Pest Control Board (SPCB), agencies of local governments responsible for enforcing environmental protection or worker safety related laws or regulations, and similar regulatory agencies of other states of the United States. Citations include notices of violation, notices of enforcement, suspension/revocations of state or federal licenses or registrations, fines assessed, pending criminal complaints, indictments, or convictions, administrative orders, draft orders, final orders, and judicial final judgments. C. Convictions of a criminal offense within the past ten (10) years, which resulted from bodily harm or death. d. Any other safety related matter deemed by the City Council to be material in determining the responsibility of the bidder and his or her ability to perform the services or goods required by the bid documents in a safe environment, both for the workers and other employees of bidder and the citizens of the City of Lubbock. In order to obtain proper information from bidders so that City of Lubbock may consider the safety records of potential contractors prior to awarding bids on City contracts, City of Lubbock requires that bidders answer the following three (3) questions and submit them with their bids: QUESTION ONE Has the bidder, or the firm, corporation, partnership, or institution represented by the bidder, or anyone acting for such firm, corporation, partnership or institution, received citations for violations of OSHA within the past three (3) years? YES NO X If the bidder has indicated YES for question number one above, the bidder must provide to City of Lubbock, with its bid submission, the following information with respect to each such citation: Date of offense, location of establishment inspected, category of offense, final disposition of offense, if any, and penalty assessed. Bidder's Initials i UESTION TWO ri Has the bidder, or the firm, corporation, partnership, or institution represented by the bidder, or anyone acting for such firm, corporation, partnership or institution, received citations for violations of environmental protection laws or regulations, of any kind or type, within the past five years? Citations include notice of violation, notice of enforcement, suspension/revocations of state or federal licenses, or registrations, fines assessed, pending criminal complaints, indictments, or convictions, administrative orders, draft orders, final orders, and judicial final judgments. YES X NO See Appendix D1 If the bidder has indicated YES for question number two above, the bidder must provide to City of Lubbock, with its bid submission, the following information with respect to each such conviction: Date of offense or occurrence, location where offense occurred, type of offense, final disposition of offense, if any, and penalty assessed. OUESTION THREE Has the bidder, or the firm, corporation, partnership, or institution represented by bidder, or anyone acting for such firm, corporation, partnership, or institution, ever been convicted, within the past ten (10) years, of a criminal offense which resulted from serious bodily injury or death? YES NO X If the bidder has indicated YES for question number three above, the bidder must provide to City of Lubbock, with its bid submission, the following information with respect to each such conviction: Date of offense, location where offense occurred, type of offense, final disposition of offense, in any, and penalty assessed. ACKNOWLEDGEMENT THE STATE OF TEXAS COUNTY OF LUBBOCK I certify that I have made no willful misrepresentations in this Questionnaire nor have I withheld information in my statements and answers to questions. I am aware that the information given by me in this questionnaire shall be investigated, with my full permission, and that any misrepresentations or omissions may cause my bid to be rejected. _-- Signature Kathleen Schre engost Vice -President Title 2 H k", 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 1 $50,000 and all non -procurement transactions (e.g., sub -awards to sub -recipients). Contractors receiving individual awards of $50,000 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 $50,000 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. COMPANYNAME: Intermountain Slurry Seal, Inc. FEDERAL TAX ID or SOCIAL SECU TY No. 87-0307259 Signature of Company Official: Printed name of company official signing above: Kathleeng-- 'kentgost, Vice -President Date Signed: January 22, 2013 3 Paae Intentionally Left Blank Fli, LIST OF SUB -CONTRACTORS Pap-e Intentionally Left Blank 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. 16. BID # 13-11139-DG, 2013 Micro -Surfacing Project LIST OF SUB CONTRACTORS Company Name Location Services Provided �i�, Ft��Pi �l�t��c ht:�X 1'tAUPrylenS� /%r '..TaS rh wd ��_ ' Intermountain Slurry Seal, Inc. Company 585 West Beach Street Address Watsonville , Santa Cruz City, County California , 95076 State Zip Code Telephone: 831 - Fax: 831 - 7 Minority Owned Yes No ❑ ❑ gre- r� ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ THIS FORM SHALL BE COMPLETED AND RETURNED ALONG WITH YOUR PROPOSAL IF NO SUB -CONTRACTORS WILL BE USED PLEASE INDICATE SO 2 i Page Intentionally Left Blank 1. 2. 3. 4. 5. 6. 7. S. 9. 10. 11. 12. 13. 14. 15. 16. BID # 13-11139-DG, 2013 Micro -Surfacing Project FINAL LIST OF SUB CONTRACTORS Company Name Locati+oln, rServices Provided IcL��strxtQ�— J Act Intermountain Slurry Seal, Inc. Company 585 West Beach Street Address Watsonville Santa Cruz City, County California 95076 State Zip Code Telephone: R 11 - Fax: 831 - 71 Minority Owned Yes No/ ❑ rrY ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ THIS FORM SHALL BE COMPLETED AND RETURNED WITHIN 7 DAYS OF BID CLOSING. IF NO SUB —CONTRACTORS WILL BE USED PLEASE INDICATE SO. 3 Page Intentionally Left Blank II I r CHUBB GROUP OF INSURANCE COMPANIES Surety Department, 15 Mountain View Road, P.O. Box 1615, Warren, NJ 07061-1615 CHU�� Phone: (908) 903-3485 - Facsimile: (908) 903-3656 - FEDERAL INSURANCE COMPANY BID BOND Bond No. NIA Amount $ -January 21, 2013-.---- Know All Men By These Presents, That we, Intermountain Slurry Seal, Inc. (hereinafter called the Principal), as Principal, and the FEDERAL INSURANCE COMPANY, Warren, New Jersey, a corporation duly organized under the laws of the State of Indiana, (hereinafter called the Surety), as Surety, are held and firmly bound unto City of Lubbock Texas (hereinafter called the Obligee), in the sum of Five Percen(5%) of Total Bid Amount Dollars ($5% of Total Bid Amount ),for the payment of which we, the said Principal and the said Surety, bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. Sealed with our seals and dated this January 21, 2013 WHEREAS, the Principal has submitted a bid, dated January 22, 2013 for 2013 Micro -surfacing project NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that I the Obligee shall accept the bid of the Principal and the Principal shall enter into a contract with the Obligee In accordance with such bid and give bond with good and sufficient surety for the faithful performance of such contract, or in the event of the failure of the Principal to enter Into such contract and give such bond, if the Principal shall pay to the Obligee the difference, not to exceed the penalty hereof, between the amount specified in said bid and the amount for which -the Obligee may legally contract with another party to perform the work covered by said bid, if the latter amount be in excess of the former, then this obligation shall be null and void, otherwise to remain in full force and effect. Intermountain Slurry Seal, Inc. Princ By: 1 Kathleen Schreckengost, e-President ( FEDERALINSUR COMPANY yl 1' By: 1 Cynthia P. Johnson, Attorney -In -Fact !,. Forth 15-02-0002 (RYv. 11-99) �J CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California ' County of Santa Cruz 1 On January 21, 2013 before me, M.I. Barron, Notary Public Data Hare ante the r personally appeared Cynthia P. Johnson, Attorney -in -Fact j Name(s) o ea Federal Insurance Company who proved to me on the basis of satisfactory evidence to 1 be the person(s) whose name(s) Ware subscribed to the within Instrument and acknowledged to me that he/she/they executed the same in his/herAhelr authorized capacity(ies), and that by his/her/their signature(s) on the Instrument the person(s), or the entity upon behalf of M.I. BARRON which the person(s) acted, executed the Instrument. (�7 . s . Comm. 1929000 PUBLIC-CAIJFORNIA 1 certify under PENALTY OF PERJURY under the laws NOTARY SANTACRUZCOUNTY of the State of California that the foregoing paragraph is MY commWON EXMESMAR 18, 201b .ww�w true and correct. WITNESS hand official seal. pand (m(y� Signature! •y� Ptaoe Notary seal Atwve �e et NU M.I. Barron, Notary Public OPTIONAL Though the Information below Is not required by law, If may prove valuable to persons ralft on the document and could prevent fraudulent removal and reattachment of this form to another document ti Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than.Named Above: Capacity(les) Claimed by Signer(s) l� Signers Name: Signer's Name: ❑ Individual ❑ Individual ❑ Corporate Officer — Title(e): ❑ Corporate Officer---Title(s): ❑ Partner —❑ Limited ❑ General ❑ Partner —❑ Limited ❑ General ❑ Attorney In Fact '. ❑ Attorney in Fact ❑ Trustee Top of thumb here ❑ Trustee Top of thumb here ❑ Guardian or Conservator D Guardian or Conservator ❑ Other: ❑ Other: Signer Is Representing: Signer Is Representing: ®2007NabonalNotary Assodafw•0350DoSolo Ave.,P.O.Box 2402-Chatsworth, CA 81313.2402•www.NauoWNotaryory kamKS907 Reorder CaX7*Freo1-80u-87&88z7 �J I-'] Chubb POWER Federal Insurance Company Attn-. Surety Department Surety OF Vigilant Insurance Company 15 Mountain View Road ICHU1993 ATTORNEY Pacific Indemnity Company Warren, NJ 07059 Know All by These Presents, That FEDERAL INSURANCE COMPANY, an Indiana corporation, VIGILANT INSURANCE COMPANY, a New York corporation, and PACIFIC INDEMNITY COMPANY, a Wisconsin corporation, do each hereby constitute and apeoint Jigisha Desai^JohniD. Gilliland, Catherine Gustayson, Cynthia P. Johnson and Kathleen each as their true and lawful Attorney- in- Fact to execute under such designation in their names and to affix their corporate seals to and deliver for and on their behalf as surely thereon or otherwise, bonds and undertakings end other writings obligatory in the nature thereof (other than bail bonds) given or executed in the course of business on behalf of Granite Construction Incorporated and all Subsidiaries alone or in joint venture ---_..____„._....--..„------- _._..„...... „... In connection with bide, proposals or contracts to or with the United Stales of America, any State or political subdivision thereof or any person, firm or corporation. And the execution of such bond or obligation by such Attorney- in- Fact in the Company's name and on its behalf as surety thereon or otherwise, under its corporate seal, In pursuance of the authority hereby conferred shall, upon delivery thereof, be valid and binding upon the Company. In Witness Whereof; said FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY have each executed and attested these presents and affixed their corporate seals on this 290 day of September, 2011. Kenneth C. C. We Wentle ,Assistant Secretary f Norris, Jr., Vice Pr 'ant STATE OF NEW JERSEY as. County of Somerset On this 29th day of September, 2011 before me, a Notary Public of New Jersey, personalty came Kenneth C. Wendel, to me known to be Assistant Secretary of FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY, the companies which executed the foregoing Power of Attorney, and the said Kenneth C. Wendel, being by me duty sworn, did depose and say that he is Assistant Secretary of FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY and knows the corporate seals thereof, that the seals affixed to the foregoing Power of Attorney are such corporate seals and were thereto affixed by authority of the By. Laws of said Companies; and that he signed said Power of Attorney as Assistant Secretary, of said Companies by like authority; and that he is acquainted with David B. Norris, Jr., and knows him to be Vice President of said Companies; and that the signature of David B. Norris, Jr., subscribed to said Power of Attorney Is In the genuine handwriting of David S. Norris, Jr., and was thereto subscribed by authority of said By- Laws and in deponenCs presence. Notarial Seal E . KATHEIIINE J. ADEIAAR +AOTAF?�� NOTARY PU9lJC NEW JFkSF1 �„ �y � Nor 491616685 G-ommli®fan rnJul 1S 2014 PIJ 1-1 Notary r .f. Notary Public � ERS� CERTIFICATION Extract from the By- Laws of FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY: 'All powers of attorney for and on behalf of the Company may and shall be executed in the name and on behalf of the Company, either by the Chairman or the President or a Vice President or an Assistant Vice President, jointly with the Secretary or an Assistant Secretary, under their respecttve designatlons. The signature of such officers may be engraved, printed or lithographed. The signature of each of the following officers: Chairman, President, arty Vice President. any Assistant Vice President, any Secretary, any Assistant Secretary and the seal of the Company may be affixed by facsimile to any power of attorney or to any certificate relating thereto appointing Assistant Secretaries or Attorneys- in- Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory to the nature thereof, and any such power of attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding upon the Company with respect to any bond or undertaking to which it. is attached.* 1, Kenneth C. Wendel, Assistant Secretary of FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY (the 'Companies) do hereby oerliy that (1) the foregoing extract of the By- Laws of the Companies is true and correct, (i) the Companies are duly licensed and authorized to transact surety business in all 50 of the United States of America and the District of Columble and are authorized by the U.S. Treasury Department; further, Federal and Vigilant are licensed in Puerto Rico and the U,S. Virgin Islands, and Federal Is licensed in American Samoa, Guam, and each of the Provinces of Canada except Prince Edward Island; and (ii) the foregoing Power of Attorney is We, correct and in full force and effect. Given under my hand and seals of sold Companies at Warren, NJ this January 21, 2013 ®r.. �wb �o�#� h r ti` 1. Yo4�'# [N THE EVENT YOU WISH TO NOTIFY US OF A CLAIM, VERIFY THE AUTHENTICITY OF THIS BOND OR NOTIFY US OF ANY OTHER MATTER, PLEASE ONTACT US AT ADDRESS LISTED ABOVE. OR BY Teleohone l'9081903- 3493 Fax (9081903- 3656 a -mall! suretvCal chi hh.rnm FunntS•10.0154B•U (Rev.10-02) CORP CONSENT Page Intentionally Left Blank PAYMENT BOND it Page Intentionally Left Blank PERFORMANCE BOND Page Intentionally Left Blank Bond Nos.: 82323111 Federal 105882877 Travelers 09094306 F&D STATUTORY PERFORMANCE BOND PURSUANT TO SECTION 2253.021(a) OF THE TEXAS GOVERNMENT CODE (CONTRACTS MORE THAN $100,000) Intermountain Slurry Seal, Inc. KNOW ALL MEN BY THESE PRESENTS, that (hereinafter called the Principal(s), as Principal(s), and Federal Insurance Company* - (hereinafter called the Surety(s), as Surety(s), are held and firmly bound unto the City of Lubbock (hereinafter called the Obligee), in the amount Of Five Million Fifty Eight Thousand Six Hundred Fifty & 20/10(Dollars ($ jaU&50.20) 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. s WHEREAS, the Principal has entered into a certain written contract with the Obligee, dated the 14.t2 day of February , 2013, to City of Lubbock 2013 Micro -Surfacing Project ITB # 13-11139-DG, CONTRACT # 11139, PROJECT NUMBER: 92248 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 saia Principal shall faithfully perform the work in accordance with the plans, specifications and contract documents, then th c. 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 22,53.021(a) of the Texas Government Code, and all liabilities on this bond shall be determined in accordance with the provisions of soul 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 19th day of March , 2013. Federal Insurance Company* Intermountain Slurry Seal, Inc. Surety * By. --- &�= (Title) Cynthia P. Johnson, Attorney -in -Fact *Travelers Casualty and Surety Company, Fidelity and Deposit Company of Maryland, Jointly and Severally Liable (Company Name) By: Kathleen Schreckengost (Printed ame) {Signature Vice President (Title) 2 Executed in 5 Counterparts The undersigned surety company represents that it is duly qualified to do business in Texas, and hereby designates Johnny snroasnire 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. *Shropshire Agency 5812 66th Street Lubbock, TX 97424 806-763-7311 Federal Insurance Company* Surety *By: — (Title) Cynthia P. Johnson, Attorney -in -Fact Approved as to Form City of b ck sy: ty Attorney * Note: If signed by an Office 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. r! 3 i ACKNOWLEDGMENT State of California County of Santa Cruz ) On March_19, 2013 before me, V.J. Fox (insert name and title of the officer) personally appeared Cynthia P. Johnson who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. V. J. FOX Comm. 1948W NOTARY PUBLIC-CAU RMA SAMA CRUZ COUNTY 9MYCOMMMONEXPMSEPH6,2016 (Seal) Signature r..� V.J. Fox No Text r� r. Bond Nos.: 82323111 Federal t 105882877 Travelers [_ 09094306 F&D STATUTORY PAYMENT BOND PURSUANT TO SECTION 2253.021(a) OF THE TEXAS GOVERNMENT CODE (CONTRACTS MORE THAN $50,000) KNOW ALL MEN BY THESE PRESENTS, that Intermountain Slurry Seal, Inc. (hereinafter called the Principal(s), as Principal(s), and Federal Insurance Company' (hereinafter called the Surety(s), as Surety(s), are held and firmly bound unto the City of Lubbock (hereinafter called the Obligee), in the amount of Five Million Fifty Eight Thousand Six Hundred Fifty & 20/100 Dollars ($ 5,058,650.20 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, firnty by these presents. WHEREAS, the Principal has entered into a certain written contract with the Obligee, dated the 14th day February of 2013 2013. to City of Lubbock 2013 Micro -Surfacing Project t ITB # 13-11139-DG, CONTRACT # 11139, PROJECT NUMBER: 92248 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 ford 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 19th day of March 2013. ® FarloralInsurance Company* Surety *BY• (Title) Cynthia P. Johnson, Attorney -in -Fact *Travelers Casualty, and Surety Company, Fidelity and Deposit Company of Maryland, Jointly and Severaiiy Liable t Intermountain Slurry Seal, Inc. (Company Name) By; Kathleen Schreckengost (Printed me) B (Signature) Vice President (title) The undersigned surety company represents that it is duly qualified to do business in Texas, and hereby designates Johnny Shropshire an agent resident in Lubbock County to whom autay requisite notices may be delivered and on whom service of process may be had in matters arising out of such suretyship. Federal Insurance Company" "Shropshire Agency S 5812 66th Street urety Lubbock, TX 97424 C9/_ 806-763-7311 BY: (Title) Cynthia P. Johnson, Attorney -in -Fact Approved as to form: City of ck By: City Attorney * Note: If signed by an Office 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. ri ACKNOWLEDGMENT State of California County of Santa Cruz ) On MarcU 9, 2013 before me, V.J. Fox (insert name and title of the officer) personally appeared Cynthia P. Johnson who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature (Seal) V.J. Fox V. J. FOX Comm.1948644 NOTARY PUBLIC-CAUFORNW SANTA CRUZ COUNTY INN COMMu MM EXPIRES SEPT 16, 2016 �j € 3 Chubb POWER Federal Insurance Company Attn: Surety Department Surety OF Vigilant Insurance Company 15 Mountain View Road C�8®t ATTORNEY Pacific Indemnity Company Warren, NJ 07059 Know All by These Presents, That FEDERAL INSURANCE COMPANY, an Indiana corporation, VIGILANT INSURANCE COMPANY, a New York corporation, and PACIFIC INDEMNITY COMPANY, a Wisconsin corporation, do each hereby constitute and appoint Jlggisha Diesel, John D. Gilliland, Catherine Gustayson, Cynthia P. Johnson and Kathleen Schreckengost of Watsonville, California-------- ------------ --- _...__._.e.__ ........_._....... _-_--- each as their true and lawful Attorney. in- Fact to execute under such designation in their names and to affix their corporate seals to and deliver for and on their behalf as surety thereon or otherwise, bonds and undertakings and other writings obligatory In the nature thereof (other than bail bonds) given or executed in the course of business on behalf of Granite Construction Incorporated and all Subsidiaries alone or in joint venture -----------• ---•-••-- —• •••—• •--- •-- —•• In connection with bids, proposals or contracts to or with the United States of America, any State or political subdivision thereof or any person, firm or corporation. And the execution of such bond or obligation by such Attorney- in- Fact In the Company's name and on fts behalf as surety thereon or otherwise, under Its corporate seal, in pursuance of the authority hereby conferred shall, upon delivery thereof, be valid and binding upon the Company. In Witness Whereof, said FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY have each executed and attested these presents and affixed their corporate seals on this 29th day of September, 2011. Kenneth C. Wend5l, Assistant Secretary f Norris, Jr., Vice P nt STATE OF NEW JERSEY $s. County of Somerset On this 29th day of September, 2011 before me, a Notary Public of New Jersey, personally came Kenneth C. Wendel, to me known to be Assistant Secretary of FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY, the companies which executed the foregoing Power of Attorney, and the said Kenneth C. Wendel, being by me duly sworn, did depose and say that he is Assistant Secretary of FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY and knows the corporate seals thereof, that the seals affixed to the foregoing Power of Attorney are such corporate seals and were thereto affixed by authority of the By- Laws of said Companies; and that he signed said Power of Attorney as Assistant Secretary of said Companies by like authority; and that he Is acquainted with David B. Norris, Jr., and knows him to be Vice President of said Companies; and that the signature of David B. Norris, Jr., subscribed to said Power of Attorney Is In the genuine handwriting of David B. Norris, Jr., and was thereto subscribed by authority of said By. Laws and In deponent's presence. Notarial Seal KATHIMiNE J. ADELAAR OTggy WATAAYRU1NEWJFRSti �,,, �� �' Ner2316161S85 i yPUBLIC C®alwiinlon Expim July 16, 2014 Notary Public �f- Ilk CERTIFICATION Extract from the By- Laws of FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY: 'All powers of attorney for and on behalf of the Company may and shall be executed in the name and on behalf of the Company, either by the Chairman or the President or a Vice President or an Assistant Vice President, jointly with the Secretary or an Assistant Secretary, under their respective designations. The signature of such officers may be engraved, printed or lithographed. The signature of each of the following officers: Chairman, President, arty Vice President, any Assistant Vice President, any Secretary, any Assistant Secretary and the seal of the Company may be affixed by facsimile to any power of attorney or to any certificate relating thereto appointing Assistant Secretaries or Attorneys- In- Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof, and any such power of ahomey of certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding upon the Company with respect to any bond or undertaking to which it is attached.' I, Kenneth C. Wendel, Assistant Secretary of FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY (the 'Companies') do hereby xartlfy that m the foregoing extract of the By- Laws of the Companies is true and correct, (ii) the Companies are duly licensed and authorized to transact surety business In all 50 of the United States of America and the District of Columbia and are authorized by the U.S. Treasury Department; further, Federal and Vigilant are licensed in Puerto Rico and the U.S. Virgin Islands, and Federal Is licensed In American Samoa, Guam, and each of the Provinces of Canada except Prince Edward Island; and (ii) the foregoing Power of Attorney Is true, correct and In full force and effect. Given under my hand and seals of said Companies at Warren, NJ this March 19, 2013 III °s a dVoxANr' � 'yEW YC4`'t' �N THE EVENT YOU WISH TO NOTIFY US OF A CLAIM, VERIFY THE AUTHENTICITY OF THIS BOND OR NOTIFY US OF ANY OTHER MATTER, PLEASE ONTACT US AT ADDRESS LISTED ABOVE. OR BY Telephone (90M 903- 3493 Fax (908) 903- 3656 e-mail: suretvCla chubb.com Form 15-10.0154B- U (Rev. 10. 02) CORP CONSENT r � .,, ___� ,�.,...---,-.�.,,y t°-----� P^•-�---..,,� ...,� �. .,W.,.�,.�, per,,,..__.„, i �.� I I M ■ ILM - - 1 Farmington Casualty Company Fidelity and Guaranty Insurance Company Fidelity and Guaranty Insurance Underwriters, Inc. St. Paul Fire and Marine Insurance Company St. Paul Guardian Insurance Company Attorney -In -Fact No. 224012 POWER OF ATTORNEY St. Paul Mercury Insurance Company Travelers Casualty and Surety Company Travelers Casualty and Surety Company of America United States Fidelity and Guaranty Company KNOW ALL MEN BY THESE PRESENTS: That St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company and St. Paul Mercury Insurance Company are corporations duly organized under the laws of the State of Minnesota, that Farmington Casualty Company, Travelers Casualty and Surety Company, and Travelers Casualty and Surety Company of America are corporations duly organized under the laws of the State of Connecticut, that United States Fidelity and Guaranty Company is a corporation duly organized under the laws of the State of Maryland, that Fidelity and Guaranty Insurance Company is a corporation duly organized under the laws of the State of Iowa, and that Fidelity and Guaranty Insurance Underwriters, Inc. is a corporation duly organized under the laws of the State of Wisconsin (herein collectively called the "Companies"), and that the Companies do hereby make, constitute and appoint John D. Gilliland, Jigisha Desal, Cynthia P. Johnson, Kathleen Sc:hneekengosty and Catherine Gustayson of the City of Watsonville, State of Caltfornla, their true and lawful Attomey(s)-in-Fart, each in their separate capacity if more than one is named above, to sign, execute, seal and acknowledge any and all bonds, recognizances, conditional undertakings and other writings obligatory In the nature thereof on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted In any actions or proceedings allowed by law. This Power of Attorney Is limited to bonds, recognizances, conditional undertakings and other writings obligatory In the nature thereof for Granite Construction Incorporated and all subsidiaries and affiliates, alone or In joint venture. IN WITNESS WHEREOF, the Companies have caused this Instrument to be signed and their corporate seals to be hereto affixed, this 7th day of December, 2011. Farmington Casualty Company St. Paul Mercury Insurance Company Fidelity and Guaranty Insurance Company Travelers Casualty and Surety Company Fidelity and Guaranty Insurance Underwriters, Inc. Travelers Casualty and Surety Company of America St. Paul Fire and Marine Insurance Company United States Fidelity and Guaranty Company St. Paul Guardian Insurance Company 0`11 State of Connecticut 13y: City of Hartford ss. Geo ge WCftm*nCSeWor Vice President On this the 7th day of December, 2011, before me personally appeared George W. Thompson, who acknowledged himself to be the Senior Vice President of Farmington Casualty Company, Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters, Inc., St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of America, and United States Fidelity and Guaranty Company, and that he, as such, being authorized so to do, executed the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer. In Witness Whereof, I hereunto set my hand and official seal My Commission expires the 30th day of June, 2016. Marie C. Tetreault, Notary Public Page 1 of 2 No Text This Power of Attorney is granted under and by the authority of the following resolutions adopted by the Boards of Directors of Farmington Casualty Company, Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters, Inc., St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of America, and United States Fidelity and Guaranty Company, which resolutions are now in full force and effect, reading as follows: ' RESOLVED that the Chairman the President an Vice Chairman an Executive Vice President an Senior Vice President an Vice President Y � Y � Y � Y , any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary may appoint Attorneys -in -Fact and Agents to act for and on behalf of the Company and may give such appointee such authority as his or her certificate of authority may prescribe to sign with the Company's name and seal with the Company's seal bonds, recognizances, contracts of indemnity, and other writings obligatory in the nature of a bond, recognizance, or conditional undertaking, and any of said officers or the Board of Directors at any time may remove any such appointee and revoke the power given him or her; and It Is 0 FURTHER RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President may delegate all or any part of the foregoing authority to one or more officers or employees of this Company, provided that each such delegation is in writing and a copy thereof is filed in the office of the Secretary; and it is FURTHER RESOLVED, that any bond, recognizance, contract of indemnity, or writing obligatory in the nature of a bond, recognizance, or conditional undertaking shall be valid and binding upon the Company when (a) signed by the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary and duly attested and sealed with the Company's seal by a Secretary or Assistant Secretary; or (b) duly executed (under seal, if required) by one or more Attorneys -in -Fact and Agents pursuant to the power prescribed in his or her certificate or their certificates of authority or by one or more Company officers pursuant to a written delegation of authority; and it Is FURTHER RESOLVED, that the signature of each of the following officers: President, any Executive Vice President, any Senior Vice President, any Vice President, any Assistant Vice President, any Secretary, any Assistant Secretary, and the seal of the Company may be affixed by facsimile to any Power of Attorney or to any certificate relating thereto appointing Resident Vice Presidents, Resident Assistant Secretaries or Attorneys -in -Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof, and any such Power of Attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding on the Company in the future with respect to any bond or understanding to which it is attached. I, Kori M. Johanson, the undersigned, Assistant Secretary, of Farrington Casualty Company, Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters, Inc., St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of America, and United States Fidelity and Guaranty Company do hereby certify that the above and foregoing is a true and correct copy of the Power of Attorney executed by said Companies, which is in full force and effect and has not been revoked. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seals of said Companies this March 19, 2013 Kevin E. Hughes, Assistant Secretary ot n,T4�uf6C To verify the authenticity of this Power of Attorney, caf/ 1-800-421-3880 or contact us at www.travelersbond.com. Please refer to the Attorney4n-Fact number, the above -named individuals and the details of the bond to which the power is attached Page 2 of 2 No Text r Power of Attorney FIDELITY AND DEPOSIT COMPANY OF MARYLAND COLONIAL AMERICAN CASUALTY AND SURETY COMPANY KNOW ALL MEN BY THESE PRESENTS: That the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, and the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, corporations of the State of Maryland, by FRANK E. MARTIN, JR., Vice President, and ERIC D. BARNES, Assistant Secretary, in pursuance of authority granted by Article Vl, Section 2, of the By -Laws of said Companies, which are set forth on the next page her eof and are hereb y certified to be in full force and effect on the date hereof, does h ereby nominate, constitute and appoint Jigisha DESAI, Catherine GUSTAVSON, Cynthia P. JOHNSON, Kathleen SCHRECKENGOST and John D. GILL11 AND , all of Watsonville, California, EACH its true and lawful agent and Attorney -in -Fact, to make, execute, seal and deliver, for, and on i is behalf as surety, and as its act and deed: any and all bonds and undertakings issued on behalf of Granite Construction Incorporated, Watsonville, California and all subsidi aries alone or in a joint venture, and the ex ecution of such b onds or undertakings in pursuan ce of these presents, shall b e as binding upon said Companies, as fully and amply, to all intents and purposes, as if it had been duly executed and acknowledged by the regularly elected officers of the Company at its office in Baltimore, MD, in their own proper persons. This power of attorney revokes that issued on behalf of Jigisha DESAI, John D. GILLILAND, Ananya MUKHERJEE, Eve PEREZ dated March 4, 2009. The said Assistant Secretary does hereby certify that the extract set forth on the next p age hereof is a true copy of Article VI, Section 2, of the By -Laws of said Company, and is now in force. IN WITNESS WHEREOF, the said Vice -President and Assistant Secretary have hereunto subscribed their names and affixed the Corporate Seal of the said FIDELITY AND DEPOSITCOMPANY OF MARYLAND, and the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, as of this 21 st day of September, A.D. 2011. FIDELITY AND DEPOSIT COMPANY OF MARYLAND ATTEST: COLONIAL AMERICAN CASUALTY AND SURETY COMPANY pa lt►�+,, JRAL Eric D. Barnes Assistant Secretary Frank E. Marlin, Jr. Vice -President State of Maryland 1 es: County of Baltimore f On this 21 st day of September, A.D. 2011, before the subscriber, a Notary Public of the State of Maryland, duly commissioned and qualified, came FRANK E. MARTIN, JR., Vice President, and ERIC D. BARNES, Assistant Secretary of the FIDELITY A ND DEPOSIT COMPA NY OF MARYLAND and the COLON JAL AMERICAN CASUALTY AND S URETY COMPANY, to me personally known to be the individuals and officers described in and who executed the preceding instrument, and they each acknowledged the execution of the same, and being by me du ly sworn, severally and each for himself deposeth and saith, that they are the said officers of the Company aforesaid, and that the seal affixed to the preceding instrument is the Corporate Seals of said Companies, and that the said Corporate Seals and their signatures as such officers were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporations. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal the day and year first above written. Connie A. Dnnn Notary Public My Commission Expires: July 14, 2015 1-1, rPOAF 016-000OC L�'' I I EXTRACT FROM BY-LAWS OF FIDELITY AND DEPOSIT COMPANY OF MARYLAND "Article VI, Section 2. The Chairman of the Board, or the President, or any Executive Vice -President or any Vice P resident that is specially authorized by the Board of Di rectors or the C hairman in concurrence with the Corporate S ceretary, s hall h ave the pow er, b y and with th e concurrence of the Secretar y, to appoint Attomey-in-Fact as th a business of the Compan y may require, or to an thorize any person or persons t o execute on behalf of th a Company any bonds, u ndertakings, recognizances, stipulations, policies, c ontracts, agreements, deeds, and releases and assignments of judgements, decrees, mortgages and instruments in the nature of mortgages, and also all other instruments and documents which the business of the Company may require, and to affix the seal of the Company thereto." EXTRACT FROM BY-LAWS OF COLONIAL AMERICAN CASUALTY AND SURETY COMPANY "Articic VI, Section 2. The Chairman of th a Board, or the President, or any Executive Vice -President or any Vice P resident that is specially authorized by the Board of Di rectors or the C hairman in concurrence with the Corporate S ecretary, shall h ave the pow er, b y and with th e concurrence of the Secretar y, to appoint Attomey-in-Fact as th a business of the Compan y may require, or to au thorize any person or persons t o execute on behalf of the Company any bonds, undertakings, recognizances, stipulations, policies, contracts, agreements, deeds, and releases and assignments of judgements, decrees, mortgages and instruments in the nature of mortgages, and also all other instruments and documents which the business of the Company may require, and to affix the seal of fire Company thereto." CERTIFICATE I, the undersig tied, Assistant Secretar y of the FIDELITY AND DEPOSIT COMPA NY OF MARYLAN D, and the COLONIAL AMERICA N CASUALTY AND SURETY COMPANY, do hereby certify that the original Power of Attorney of which the foregoing is a full, true and correct copy, is in full force and eff ect on the date of this certificate; and I do further certif y that the Vice -President who executed the said Power of Attorney was one of the additional Vice -Presidents specially authorized by the Board of Directors to appoint any Attorney -in -Fact as provided in Article VI, Section 2, of the By -Laws of the FIDELITY AND DEPOSIT C OMPANY 0 F MARYLAND, and the COLO NIAL AMERICAN CASUALTY AND SURETY COMPANY. This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of the FIDELITY AN D DEPOSIT COMPANY OF MARYLAND, at a meeting duly called and held on the 10 th day of May, 1990, and of the Board of Directors of the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY at a meeting duly called and held on the 5th day of May, 1994. RESOLVED: "That the facsimile or mechanically reproduced seal of the company and facsimile or mechanically reproduced signature of any Vice -President, Secretary, or Assistant Secretary of the Company, whether made heretofore or hereafter, wherever appearing upon a certified copy of any power of attorney issued by the Company, shall be valid and binding upon the Company with the same force and effect as though manually affixed." 1N TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed the corporate seal of the said Companies on March 19, 2013 F�oyo�c�os�` WWc)y� X'q -.s��f'/fW,/////////777�SEALI Gerald F. Halev Secretary _..� �---�, � , �„w � �� � �� r.--, CERTIFICATE OF INSURANCE Paiie Intentionally Left Blank I I ,acoRo® CERTIFICATE OF LIABILITY INSURANCE l V DATE04/03/2013 /Y 03/2 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 LIC #OG62759 1-415-486-7000 Aon Risk Insurance Services West, Inc. CONTACT NAME: PHONE FAX AAICNo A/C No E-MAIL ADDRESS: 199 Fremont Street, Suite 1500 INSURERS AFFORDING COVERAGE NAIC # San Francisco, CA 94105 INSURER A: VALLEY FORGE INS CO 20508 _ INSURED Intermountain Slurry Seal, Inc. INSURER 8 : INSURER C INSURERD: P. O. Box 50085 INSURER E: Watsonville, CA 95077 INSURER F : COVERAGES CERTIFICATE NUMBER: 32925546 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR i ADDL SUBR POLICY EFF POLICY EXP LTR TYPE OF INSURANCE POLICY NUMBER MM/DD/YYYY MM/DD I LIMITS A GENERAL LIABILITY i X X GL 2074978689 1 10/01/1� 10/01/151 EACH OCCURRENCE j $ 2,000,000 3 g ,, i COMMERCIAL GENERAL LIABILITY ? 'DAMAGE TO RENTED 000,000 I $ PREMISES (Ea occurrence) CLAIMS -MADE L --i OCCUR j _ �MED EXP (Any one person) - $ NIL I X Contractual Liability PERSONAL 8 ADV INJURY $ 2,000,000 X XCU Hazards -.- y GENERAL AGGREGATE ;$ 10,000,000 t GEN'L AGGREGATE LIMIT APPLIES PER: I ! PRODUCTS - COMP/OP AGG 1 $ 2, 000, 000JECT I POLICY FI PRO- Ij LOC I _- $ A AUTOMOBILE LIABILITY X X BUA 2074978692 1 TT0_1_F12 10 0 151 COMBINED SINGLE LIMIT I2, 000, 000 I X ANY AUTO BODILY INJURY (Per person) j $ _ - ALL OWNED I SCHEDULED I �AUTOS —_I AUTOS E BODILY INJURY (Per accident) - I I NON -OWNED X 1 HIRED AUTOS I X AUTOS ( ; ' PROPERTY DAMAGE ; (Per accident) I $ X ; Contractual i g UMBRELLA LIAR OCCUR ! EACH OCCURRENCE Is -- EXCESS LIAB CLAIMS -MADE ------------------- I k AGGREGATE $ 3 DIED 's, I RETENTION $ I $ ' WORKERS COMPENSATION A i X WC 274978630 (CA) 1 WC STATU- )TH-i 10/01/14, 10/O1/15, X T R L ER a AND EMPLOYERS' LIABILITY YIN, A ANY PROPRIMB R/PXCLUDE/EXECUTIVE € WC 274978644 (AOS) r--- 10/01/15' 10/O1/1 E.L. EACH ACCIDENT $ 2,000,000 ; OFFICER/MEMBER EXCLUDED? � NIA (Mandatory in NH) - I E.L. DISEASE - EA EMPLOYEE $ 2,000,000 If yes, describe under DESCRIPTION OF OPERATIONS below 3 ! I E.L. DISEASE - POLICY LIMIT - $ 2,000,000 1 I I 1 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space is required) 400148 ITB 13-11139-DG. 2013 Micro -Surfacing Project City of Lubbock, its officers, agents and employees are named as primary additional insured's on General Liability policies, with respect to ITB-13-11139-DG Endorsement # G-140331-C. Workers Compensation Waiver of Subrogation applies per attached form WC 42 03 04 GL PER ISO FORM CG0001 10/01; AL PER ISO CA0001 03/10 GCKI II-11.AI r HULUrK I-ArilLCLLAI IL/IV 1650 400148 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of Lubbock THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN c/o City of Lubbock Purchasing Department ACCORDANCE WITH THE POLICY PROVISIONS. 1625 13th Street, Suite 204 AUTHORIZED REPRESENTATIVE /� Lubbock, TX 79401 /_" USA C� ©1988-2010 ACORD CORPORATION. All rights reserved. ACORD 25 (2010105) The ACORD name and logo are registered marks of ACORD JNielson160-165 32925546 No Text SUPPLEMENT TO CERTIFICATE OF INSURANCE 04/DATE 03/2013 Intermountain Slurry Seal, Inc. SUPP (10/00) 'L, 0 � A- " T.I Policy# GL2074978689 G-140331-C Insured: Granite Construction Incorporated (Ed. 10110) Effective: 10/01 /12 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BLANKET ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - WITH PRODUCTS -COMPLETED OPERATIONS COVERAGE This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE (OPTIONAL) Name of Additional Insured Persons Or Organizations (As required by "written contract" per Paragraph A. below.) The insurance afforded to the additional insured only applies to the extent permitted by law. Locations of Covered Operations (As per the "written contract," provided the location is within the "coverage territory" of this Coverage Part.) A. Section II - Who Is An Insured is amended to include as an additional insured: 1. Any person or organization whom you are required by "written contract" to add as an additional insured on this Coverage Part; and 2. The particular person or organization, if any, scheduled above. B. The insurance provided to the additional insured is limited as follows: 1. The person or organization is an additional insured only with respect to liability for "bodily injury," "property damage," or "personal and advertising injury" caused in whole or in part by: a. Your acts or omissions; or b. The acts or omissions of those acting on your behalf in the performance of your ongoing operations specified in the "written contract'; or c. "Your work" that is specified in the "written contract' but only for "bodily injury" or "property damage" included in the "products -completed operations hazard," and only if: (1) The "written contract' requires you to provide the additional insured such coverage; and (2) This Coverage Part provides such coverage. 2. We will not provide the additional insured any broader coverage or any higher limit of insurance than the least that is: a. Required by the "written contract'; b. Described in B.I. above; or c. Afforded to you under this policy. 3. This insurance is excess of all other insurance available to the additional insured whether on a primary, excess, contingent or any other basis. But if required by the "written contract," this insurance will be primary and non-contributory relative to insurance on which the additional insured is a Named Insured. 4. The insurance provided to the additional insured does not apply to "bodily injury," "property damage," or "personal and advertising injury arising out of: a. The rendering of, or the failure to render, any professional architectural, engineering, or surveying services, including: (1) The preparing, approving, or failing to prepare or approve maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; and (2) Supervisory, inspection, architectural or engineering activities; or b. Any premises or work for which the additional insured is specifically listed as an Page 1 of 2 A, additional insured on another endorsement attached to this Coverage Part. C. SECTION IV — COMMERCIAL GENERAL LIABILITY CONDITIONS is amended as follows: Policy# GL2074978689 G-140331-C Insured: Granite Construction Incorporated (Ed. 10/10) Effective: 10/01 /12 1. The Duties In The Event of Occurrence, Offense, Claim or Suit condition is amended to add the following additional conditions applicable to the additional insured: An additional insured under this endorsement will as soon as practicable: (1) Give us written notice of an "occurrence" or an offense which may result in a claim or "suit" under this insurance, and of any claim or "suit' that does result; (2) Except as provided in Paragraph B.3 of this endorsement, agree to make available any D. other insurance the additional insured has for a loss we cover under this Coverage Part; (3) Send us copies of all legal papers received, and otherwise cooperate with us in the investigation, defense, or settlement of the claim or "suit'; and (4) Tender the defense and indemnity of any claim or "suit' to any other insurer or self insurer whose policy or program applies to a loss we cover under this Coverage Part. But if the "written contract' requires this insurance to be primary and non- contributory, this provision (4) does not apply to insurance on which the additional insured is a Named Insured. We have no duty to defend or indemnify an additional insured under this endorsement until we receive from the additional insured written notice of a claim or "suit." 2. With respect only to the insurance provided by this endorsement, the first sentence of Paragraph 4.a. of the Other Insurance Condition is deleted and replaced with the following: 4. Other Insurance a. Primary Insurance This insurance is primary and non- contributory except when rendered excess by endorsement G-140331-C, or when Paragraph b. below applies. Only for the purpose of the insurance provided by this endorsement, SECTION V — DEFINITIONS is amended to add the following definition: "Written contract" means a written contract or written agreement that requires you to make a person or organization an additional insured on this Coverage Part, provided the contract or agreement: 1. Is currently in effect or becomes effective during the term of this policy; and 2. Was executed prior to: a. The "bodily injury" or "property damage"; or b The offense that caused the "personal and advertising injury" for which the additional insured seeks coverage under this Coverage Part. G-140331-C Includes copyrighted material of Insurance Services Office, Inc., with its permission Page 2 of 2 (Ed. 10/10) Notice of Cancellation In the event of cancellation or material change that reduces or restricts the insurance afforded by the General Liability Coverage Form, the Company agrees to mail prior written notice of cancellation or material change to the person or organization named in the Schedule. Schedule Name: Any person or organization the named insured is required by written contract or agreement to mail prior written notice of cancellation or material change. Number of days advance notice 10 (or 20 if in Alaska) days notice for non-payment of premium or 60 (or fewer, as required by written contract) days notice for any other reason Waiver of Subrogation The Company waives any right of subrogation against any additional insured because of payments the Company makes for injury or damage arising out of operations performed for such additional insured by the named insured but, only if a written contract requires such a waiver. Page 2 of 2 No Text POLICY NUMBER: BUA2074978692 Granite Construction Incorporated Effective 10-01-12 COMMERCIAL AUTO CA2048 02 99 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DESIGNATED INSURED This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM GARAGE COVERAGE FORM MOTOR CARRIER COVERAGE FORM TRUCKERS COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by this endorsement. This endorsement identifies person(s) or organization(s) who are "insureds" under the Who Is An Insured Provision of the Coverage Form. This endorsement does not alter coverage provided in the Coverage Form. SCHEDULE Name of Person(s) or Organization(s): Any person or organization whom the named insured is required by written contract to add as an additional insured on this policy. The coverage afforded to the additional insured shall operate as primary insurance only if the written contract requires that this insurance be primary. No other insurance maintained by the additional insured shall be called upon to contribute to a loss hereunder if the written contract requires that such other insurance shall be non- contributory. The insurance afforded to the additional insured only applies to the extent permitted by law. (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to the endorsement.) Each person or organization shown in the Schedule is an "insured" for Liability Coverage, but only to the extent that person or organization qualifies as an `insured" under the Who Is An Insured Provision contained in Section II of the Coverage Form. CA 20 48 02 99 Copyright, Insurance Services Office, Inc., 1998 Page 1 of 1 Waiver of Subrogation The Company waives any right of recovery the Company may have against the person or organization shown in the Schedule because of payments the Company makes for injury or damage arising out of the named insured's activities under a contract with that person or organization. Schedule Name of Person or Organization: Any person or organization with whom the named insured agrees in writing prior to the date of any loss to waive the named insured's right to recover against them. Notice of Cancellation In the event of cancellation or material change that reduces or restricts the insurance afforded by the Business Auto Coverage Form, the Company agrees to mail prior written notice of cancellation or material change to the person or organization named in the Schedule. Schedule Name: Any person or organization the named insured is required by written contract or agreement to mail prior written notice of cancellation or material change. Number of days advance notice 10 (or 20 if in Alaska) days notice for non-payment of premium or 60 (or fewer, as required by written contract) days notice for any other reason No Text Notice of Cancellation In the event of cancellation or other material change of the Workers' Compensation and Employers' Liability Insurance policy, the insurer will mail advance notice to the person or organization named in the Schedule. The number of days advance notice is shown in the Schedule. This endorsement does not operate directly or indirectly to benefit anyone not named in the Schedule. Schedule Name: Any person or organization the employer named in Item 1 of the Information Page is required by written contract or agreement to mail prior written notice of cancellation or material change. Number of days advance notice: 10 (or 20 if in Alaska) days notice for non-payment of premium or 60 (or fewer, as required by written contract) days notice for any other reason BLANKET WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT - CALIFORNIA It is agreed that Part One — Workers Compensation Insurance G. Recovery From Others and Part Two — Employers Liability Insurance H. Recovery From Others are amended by adding the following: We will not enforce our right to recover against persons or organizations. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) Endorsement Effective:10101112 Policy No. WC274978630 (CA) Insurance Company: Valley Forge Insurance Co G-19160-B (ED.11197) ---------------------------------------------------------------------------------------------------- UTAH WAIVER OF SUBROGATION ENDORSEMENT This endorsement applies only to the insurance provided by the policy because Utah is shown in item 3.A of the information Page. We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) This agreement shall not operate directly or indirectly to benefit anyone not named in the Schedule. Our waiver of rights does not release your employees' rights against third parties and does not release our authority as trustee of claims against third parties. Schedule Person or Organization: Any person or organization for whom the named insured has agreed by written contract prior to date of any loss to furnish this waiver This endorsement changes the policy to which is attached and is effective on the date issued unless otherwise stated. (The information below is required only when this endorsement is issued subsequent to preparations of the policy.) Endorsement Effective: 10/01/12 Policy No. WC 274978644 Insurance Company: Valley Forge Insurance Co. WC 43 03 05 (Ed. 7.00) WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT - ALL OTHER STATES We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) This agreement shall not operate directly or indirectly to benefit anyone not named in the Schedule. Schedule Person or Organization: Any person or organization for whom the named insured has agreed by written contract prior to the date of any loss to furnish this waiver This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated. The information below is required only when this endorsement is issued subsequent to preparation of the policy. Endorsement Effective: 1011/12 Policy No. WC274978644 Insurance Company: Valley Forge Insurance Company Endorsement Effective: 10/1/12 Policy No WC274978658 (NY Only) Insurance Company: Transportation Insurance Company WC 000 313 (Ed-4.84) WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 42 03 04 (Ed. 10-84) TEXAS WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT This endorsement applies only to the insurance provided by the policy because Texas is shown in Item &A. of the Information Page. We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule, but this waiver applies only with respect to bodily injury arising out of the operations described in the Schedule where you are required by a written contract to obtain this waiver from us. This endorsement shall not operate directly or indirectly to benefit anyone not named in the Schedule. The premium for this endorsement is shown in the Schedule. Schedule 1. () Specific Waiver Name of person or organization (X) Blanket Waiver Any person or organization for whom the Named Insured has agreed by written contract to furnish this waiver. 2. Operations: ALL TEXAS OPERATIONS 3. Premium N/A The premium charge for this endorsement shall be 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. Minimum Premium 5. Advance Premium This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated. (The information below is required only when this endorsement is issued subsequent to preparation of the policy.) Endorsement Effective 10/01/12 Policy No. WC274978644 Insurance Company VALLEY FORGE INSURANCE COMPANY Countersigned by 11,44G WC420304 (Ed. 10-84) No Text 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) $ Med Exp (Any one Person) $ AUTOMOTIVE LIABILITY Any Auto Combined Single Limit $ All Owned Autos Bodily Injury (Per Person) $ Scheduled Autos Bodily Injury (Per Accident) $ Hired Autos Property Damage $ Non -Owned Autos GARAGE LIABILITY Any Auto Auto Only - Each Accident $ Other than Auto Only: Each Accident $ Aggregate $ BUILDER SRISK 100% of the Total Contract Price $ INSTALLATIONFLOATER $ EXCESS LLIBIL17T Umbrella Form Each Occurrence $ Aggregate $ Other Than Umbrella Form $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY The Proprietor/ Included Statutory Limits Partners/Executive Excluded Each Accident $ Offices 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 INSURED ENDORSEMENT SHALL INCLUDE PRODUCTS AND COMPLETE OPERATIONS. Paee Intentionally Left Blank CONTRACTORCHECKLIST A CONTRACTOR SHALL: (1) provide coverage for its employees providing services on a project, for the duration of the project based on proper reporting of classification codes and payroll amounts and filling of any coverage agreements; (2) provide a certificate of coverage showing workers' compensation coverage to the governmental entity prior to beginning work on the project; (3) provide the governmental entity, prior to the end of the coverage period, a new certificate of coverage showing extension of coverage, if the coverage period shown on the contractor's current certificate of coverage ends during the duration of the project; (4) obtain from each person providing services on a project, and provide to the governmental entity: (A) a certificate of coverage, prior to that person beginning work on the project, so the governmental entity will have on file certificates of coverage showing coverage for all persons providing services on the project; and (B) no later than seven days after receipt by the contractor, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (5) retain all required certificates of -coverage on file for the duration of the project and for one year thereafter; (6) notify the governmental entity in writing by certified mail or personal delivery, within ten (10) days after the contractor knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project; (7) post a notice on each project site informing all persons providing services on the project that they are required to be covered, and stating how a person may verify current coverage and report failure to provide coverage. This notice does not satisfy other posting requirements imposed by the Act or other commission rules. This notice must be printed in at least 19-point normal type, and shall be in both English and Spanish and any other language common to the worker population. The text for the notices shall be the following text provided by the commission on the sample notice, without any additional words or changes: PROOF OF COVERAGE SHALL BE FURNISHED TO THE CITY OF LUBBOCK IN THE FORM OF A 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. 1 REQUIRED WORKERS' COMPENSATION COVERAGE "The law requires that each person working on this site or providing services related to this construction project must (see reverse) be covered by workers' compensation insurance. This includes persons providing, hauling, or delivering equipment and materials, or providing labor or transportation or other service related to the project, regardless of the identity of their employer or status as an employee." "Call the Texas Workers' Compensation Commission at 512-305-7238 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 (8) contractually require each person with whom it contracts to provide services on a project, to: (A) provide coverage based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements for all of its employees providing services on the project, for the duration of the project; (B) provide a certificate of coverage to the contractor prior to that person beginning work on the project; (C) include in all contracts to provide services on the project the language in subsection (e) (3) of this rule; (D) provide the contractor, prior to the end of the coverage period, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (E) obtain from each other person with whom it contracts, and provide to the contractor: (i) a certificate of coverage, prior to the other person beginning work on the project; and (ii) prior to the end of the coverage period, a new certificate of coverage showing extension of the coverage period, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (F) retain all required certificates of coverage on file for the duration of the project and for one year thereafter; (G) notify the governmental entity in writing by certified mail or personal delivery, within (ten) 10 days after the person knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project; and (Ii) contractually require each other person with whom it contracts, to perform as required by paragraphs (A) - (I), with the certificate of coverage to be provided to the person for whom they are providing services. CONTRACT I u Pate Intentionally Left Blank I CONTRACT 11139 STATE OF TEXAS COUNTY OF LUBBOCK THIS AGREEMENT, made and entered into this 1411 day of February, 2013 by and between the Citv of Lubbock, County of Lubbock, State of Texas, acting by and through the Mayor, City of Lubbock, thereunto authorized to do so, hereinafter referred to as OWNER, and Intermountain Slurry Seal, Inc. of the City of Watsonville, County of Santa Cruz and the State of California hereinafter termed CONTRACTOR WITNESSETH: That for and in consideration of the payments and agreements hereinafter mentioned, to be made and performed by the OWNER and under the conditions expressed in the bond bearing even date herewith (if any) the CONTRACTOR hereby agrees with OWNER to commence and complete the construction of certain improvements described as follows: BID 13-11139-DG, 2013 Micro -Surfacing Project 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 Conditions of Agreement. Intermountain Slurry Seal's bid dated January 22, 2013 is incorporated into and made a part of this agreement. The CONTRACTOR hereby agrees to commence work within ten days after the date written notice to do so shall have been given to him and to substantially complete same within the time specified in the contract documents. The OWNER agrees to pay the CONTRACTOR in current funds for the performance of the contract in accordance with the bid submitted therefore, subject to additions and deductions, as provided in the contract documents and to make payment on account thereof as provided therein. TN 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: Intermountain Slurry Seal, Inc. By: A 1--5z-7 PRINTED N ckenaost TITLE: /irc P eciriant COMPLETE ADDRESS: Company Intermountain Slurry Seal, Inc. Address 585 West Beach Street City, State, Zip Watsonville, CA 95076 ATTEST: B: 41 49��_ d� David J. Brunton, Assistant Secretary CITY OF 71_,1 TE (OWNER): By: Glen V Robe o , Mayor ATTEST: Re ecc Garza, City Secretary _i evin Lair, Stree tit tie Superintendent 2 /Ij- Marsha deed, P.E., Chief Operating Officer AP 9D A5rTO FORM: City Attorney ` '.^ Pa2e IntendoinaRy Left Blank ' GENERAL CONDITIONS OF THE AGREEMENT I Page Intentionally Left Blank [ ! GENERAL CONDITIONS OF THE AGREEMENT 1. OWNER Whenever the word Owner, or First Party, are used in this contract, it shall be understood as referring to the City of Lubbock, Texas. 2. CONTRACTOR Whenever the word Contractor, or Second Party, is used, it shall be understood to mean the person, persons, co- partnership or corporation, to wit Intermountain Slurry Seal who has agreed to perform the work embraced in this contract, or their legal representative. 3. OWNER'S REPRESENTATIVE Whenever the word Owner's Representative or representative is used in this contract, it shall be understood as referring to, City of Lubbock, or its representative Kevin Lair, Streets/Utilities Superintendent, so designated who shall inspect constructions; or to such other representatives, supervisors, architects, engineers, or inspectors as may be authorized by said Owner to act in any particular manner under this agreement. Engineers, supervisors or inspectors shall act for the Owner under the direction of Owner's Representative, but shall not directly t supervise the Contractor or persons acting on behalf of the Contractor. r 4. CONTRACT DOCUMENTS The contract's documents shall consist of the Notice to Bidders, General Instructions to Bidders, Bid,Signed Agreement, Statutory Bonds (if required), General Conditions of the Agreement, Special Conditions of the Agreement (if any), Specifications, Plans, Insurance Certificates, and all other documents made available to Bidder for inspection in accordance with the Notice to Bidders. The above described materials are sometimes referred to herein as the "contract" or "contract documents". INTERPRETATION OF PHRASES Whenever the words "Directed," "Permitted," "Designated," "Required," "Considered Necessary," "Prescribed," or words of like import are used, it shall be understood that the direction, requirement, permission, order, designation or prescription of the Owner's Representative is intended; and similarly, the words "Approved," "Acceptable," "Satisfactory," or words of like import shall mean approved by or acceptable or satisfactory to the Owner's Representative. 6. SUBCONTRACTOR The term Subcontractor, as employed herein, includes only those having a direct contract with the Contractor for performance of work on the project contemplated by these contract documents. Owner shall have no responsibility to any Subcontractor employed by Contractor for performance of work on the project contemplated by these contract documents, but said Subcontractors shall 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 Office of the corporation for whom it is intended, or if delivered at or sent certified mail to the last business address known to the party who gives the notice. CONTRACTOR'S RESPONSIBILITIES if Unless otherwise stipulated, the Contractor shall provide and pay for all materials, supplies, machinery, equipment, tools, superintendence, labor, insurance, and all water, light, power, fuel, transportation and all other facilities necessary for the execution and completion of the work covered by the contract documents. Unless otherwise specified, all materials shall be new and both workmanship and materials shall be of a good quality. The Contractor shall, if required, furnish satisfactory evidence as to the kind and quality of materials. Materials or work described in words which so applied have well known, technical or trade meaning shall be held to refer such recognized standards. All work shall be done and all materials furnished in strict conformity with the contract documents. 9. SUBSTANTIALLY COMPLETED The term "Substantially Completed" is meant that the structure or project contemplated by the contract documents has been made suitable for use or occupancy or the facility is in a condition to serve its intended purpose, but still may require minor miscellaneous work and adjustment. 10. LAYOUT Except as specifically provided herein, the Contractor shall be responsible for laying out all work and shall accomplish this work in a manner acceptable to the Owner's Representative. The Owner's Representative shall check the Contractor's layout of all major structures and any other layout work done by the Contractor at Contractor's request, but this check does not relieve the Contractor of the responsibility of correctly locating all work in accordance with the Plans and Specifications. 11. KEEPING OF PLANS AND SPECIFICATIONS ACCESSIBLE The Contractor shall be furnished copies of all Plans and Specifications without expense to Contractor and Contractor shall keep one copy of same consistently accessible on the job site. 12. RIGHT OF ENTRY The Owner's Representative may make periodic visits to the site to observe the progress or quality of the executed work and to determine, in general, if the work is proceeding in accordance with the contract documents. Owner's Representative shall not be required to make exhaustive or continuous onsite inspections to check the quality or quantity of the work, nor shall 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 shall not be responsible for the Contractor's failure to perform the work in accordance with the Contract Documents. 13. LINES AND GRADES All lines and grades shall be furnished whenever Owner's Representative deems said lines and grades are necessary for the commencement of the work contemplated by these contract documents or the completion of the work contemplated by these contract documents. Whenever necessary, Contractor shall suspend its work in order to permit Owner's Representative to comply with this requirement, but such suspension shall be as brief as practical and Contractor shall be allowed no extra compensation therefore. The Contractor shall give the Owner's J Representative ample notice of the time and place where lines and grades are needed. All stakes, marks, etc., i J 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 has the authority to review all work included herein. The Owner's Representative has the authority to stop the work whenever such stoppage may be necessary to ensure the proper execution of the contract. The Owner's Representative shall, in all cases, determine the amounts and quantities of the several kinds of work which are to be paid for under the contract documents, and shall determine all questions in relation to said work and the construction thereof, and shall, in all cases, decide every question which may arise relative to the execution of this contract on the part of said Contractor. The decision of the Owner's Representative shall be conclusive in the absence of written objection to same delivered to Owner's Representative within fifteen (15) calendar days of any decision or direction by Owner's Representative. In the absence of timely written objection by Contractor, as provided herein, any and all objection or objections shall be deemed waived. 15. SUPERINTENDENCE AND INSPECTION It is agreed by the Contractor that the Owner's Representative shall be and is hereby authorized to appoint from time to time such subordinate engineers, supervisors, or inspectors as the said Owner's Representative may deem proper to inspect the materials famished and the work done under this Agreement, and to see that said material is furnished and said work is done in accordance with the specifications therefore. The Contractor shall furnish all reasonable aid and assistance required by the subordinate engineers, supervisors or inspectors for the proper inspection and examination of the work. The Contractor shall regard and obey the directions and instructions of any subordinate engineers, supervisors or inspectors so appointed, when such directions and instructions are consistent with the obligations of this Agreement and accompanying plans and specifications provided, however, should the Contractor object to any orders by any subordinate engineer, supervisor or inspector, the Contractor may within fifteen (15) calendar days make written appeal to the Owner's Representative for its decision. In the absence of timely written objection by Contractor, as provided herein, any and all objection or objections shall be deemed waived. 16. CONTRACTOR'S DUTY AND SUPERINTENDENCE The Contractor shall give personal attention to the faithful prosecution and completion of this contract and shall keep on the work, during its progress, a competent superintendent and any necessary assistants, all satisfactory to Owner's Representative. The superintendent shall represent the Contractor in its absence and all directions given to superintendent shall be binding as if given to the Contractor. It is expressly agreed that adequate supervision by competent and reasonable representatives of the Contractor is essential to the proper performance of the work and lack of such supervision shall be grounds for suspending operations of the Contractor. The work, from its commencement to completion, shall be under the exclusive charge and control of the Contractor and all risk in connection therewith shall be borne by the Contractor. The Owner or Owner's Representatives shall not be responsible for the acts or omissions of the Contractor, or any subcontractors, or any of Contractor's agents or employees, or any other persons performing any of the work. 17. CONTRACTOR'S UNDERSTANDING It is understood and agreed that the Contractor has, by careful examination, satisfied itself as to the nature and location of the work, the confirmation of the ground, the character, quality and quantity of materials to be encountered, the character of equipment and facilities needed preliminary to and during the prosecution of the work, and the general and local conditions, and all other matters which in any way affect the work under the contract documents. No oral agreement or conversation with any Office, 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 are permitted only at such places as the Owner's Representative shall consent or direct, and the sanitary conditions of the grounds in or about such structure shall at all times be maintained in a manner satisfactory to the Owner's Representative. 20. SANITATION Necessary sanitary conveniences for the use of laborers on the work site, properly secluded from public observation, shall be constructed and maintained by the Contractor in such manner and at such points as shall be approved by the Owner's Representative and their use shall be strictly enforced. 21. OBSERVATION AND TESTING The Owner or Owner's Representative shall have the right at all times to observe and test the work. Contractor shall make necessary arrangements and provide proper facilities and access for such observation and testing at any location wherever such work is in preparation or progress. Contractor shall ascertain the scope of any observation that may be contemplated by Owner or Owner's Representative and shall give ample notice as to the time each part of the work shall be ready for such observation. Owner or Owner's Representative may reject any such work found to be defective or not in accordance with the contract documents, regardless of the stage of its completion or the time or place of discovery of such errors and regardless of whether Owner's Representative has previously accepted the work through oversight or otherwise. If any such work should be covered without approval or consent of the Owner, it must, if requested by Owner or Owner's Representative, be uncovered for examination at Contractor's expense. In the event that any part of the work is being fabricated or manufactured at a location where it is not convenient for Owner or Owner's Representative to make observations of such work or require testing of said work, then in such event Owner or Owner's Representative may require Contractor to furnish Owner or Owner's Representative certificates of inspection, testing or approval made by persons competent to perform such tasks at the location where that part of the work is being manufactured or fabricated. All such tests shall 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 4 (` tests or approvals but does not meet the requirements of the contract documents shall be considered defective, and shall be corrected at the Contractor's expense. Neither observations by the Owner or Owner's Representative, nor inspections, tests, or approvals made by Owner, Owner's Representative, or other persons authorized under the contract documents to make such inspections, tests, or approvals shall relieve the Contractor from its obligation to perform the work in accordance with the requirements of the contract documents. 22. DEFECTS AND THEIR REMEDIES It is expressly agreed that if the work or any part thereof, or any material brought on the site of the work for use in the work or selected for the same, shall be deemed by the Owner or Owner's Representative as unsuitable or not in conformity with plans, specifications and/or contract documents, the Contractor shall, after receipt of written notice thereof from the Owner's Representative, forthwith remove such material and rebuild or otherwise remedy such work so that it shall be in full accordance with the contract documents. It is further agreed that any remedial action contemplated as hereinabove set forth shall be at Contractor's expense. 23. CHANGES AND ALTERATIONS The Contractor further agrees that the Owner may make such changes and alterations as the Owner may see fit, in the line, grade, form dimensions, plans or materials for the work herein contemplated, or any part thereof, either before or after the beginning of the construction, without affecting the validity of this contract and the accompanying bond. If such changes or alterations diminish the quantity of the work to be done, they shall not constitute the basis for a claim for damages, or anticipated profits on the work that may be. dispensed with. If they increase the amount of work, and the increased work can fairly be classified under the specifications, such increase shall be paid according to the quantity actually done and at the unit price established for such work under this contract; otherwise such additional work shall be paid for as provided under Extra Work. In case the Owner shall make such changes or alterations as shall make useless any work already done or material already furnished or used in said work, then the Owner shall recompense the Contractor for any material or labor so used, and for actual expenses incurred in preparation for the work as originally planned. 24. EXTRA WORK The term "extra work" as used in this contract shall be understood to mean and include all work that may be required by the Owner or Owner's Representative to be done by the Contractor to accomplish any change, alteration or addition to the work as shown on the plans and specifications or contract documents and not covered by Contractor's bid, except as provided under Changes and Alterations herein. It is agreed that the Contractor shall perform all extra work under the direction of the Owner's Representative when presented with a written work order signed by the Owner's Representative; subject, however, to the right of the Contractor to require written confirmation of such extra work order by the Owner. It is also agreed that the compensation to be paid to the Contractor for performing said extra work shall be determined by the following methods: Method (A) - By agreed unit prices; or Method 03) - By agreed lump sum; or Method (C) - If neither Method (A) or Method (B) be agreed upon before the extra work is commenced, then the Contractor shall be paid the lesser of the following: (1) actual field cost of the extra work, plus fifteen (15%) percent; or (2) the amount that would have been charged by a reasonable and prudent Contractor as a reasonable and necessary cost for performance of the extra work. 1� In the event said extra work be performed and paid for under Method (C)(1), then the provisions of this paragraph shall apply and the "actual field cost" is hereby defined to include the cost of all workmen, such as foremen,__s 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,' F-1 together with all expenses incurred directly on account of such extra work, including Social Security, Old Age Benefits, Maintenance Bonds, Public Liability and Property Damage and Workers' Compensation and all other insurances as may be required by law or ordinances or directed by the Owner or Owner's Representative, or by them agreed to. Owner's Representative may direct the form in which accounts of the actual field cost shall be kept and records of these accounts shall be made available to the Owner's Representative. The Owner's Representative may also specify in writing, before the work commences, the method of doing the work and the type and kind of machinery and equipment to be used; otherwise, these matters shall be determined by the Contractor. Unless otherwise agreed upon, the prices for the use of machinery and equipment shall be determined by using 100%, unless otherwise specified, of the latest Schedule of Equipment and Ownership Expenses adopted by the Associated General Contractors of America. Where practical, the terms and prices for the use of machinery and equipment shall be incorporated in the written extra work order. The fifteen percent (15%) of the actual field cost to be paid to Contractor shall cover and compensate Contractor for its profit, overhead, general superintendence and field office expense, and all other elements of cost and expense not embraced within the actual field cost as herein defined, save that where the Contractor's Camp or Field Office must be maintained primarily on account of such Extra Work, then the cost to maintain and operate the same shall be included in the i "actual field cost." No claim for extra work of any kind shall be allowed unless ordered in writing by Owner's Representative. In case any orders or instructions appear to the Contractor to involve extra work for which Contractor should receive compensation or an adjustment in the construction time, Contractor shall prior to commencement of such extra work, make written request to the Owner's Representative for a written order authorizing such extra work. Should a difference of opinion arise as to what does or does not constitute extra work or as to the payment therefore, and the Owner's Representative insists upon its performance, the Contractor shall proceed with the work after making written request for written order and shall keep adequate and accurate account of the actual field cost thereof, as provided under Method (C) (1). If Contractor does not notify Owner's Representative before the commencement of any extra work, any claim for payment due to alleged extra work shall be deemed waived. 25. DISCREPANCIES AND OMISSIONS It is further agreed that it is the intent of the contract documents that all work described in the bid, the specifications, plans and other contract documents, is to be done for the prices quoted by the Contractor and that such price shall include all appurtenances necessary to complete the work in accordance with the intent of these contract documents as interpreted by Owner's Representative. Notices of any discrepancies or omissions in these plans, specifications, or contract documents, shall be given to the Owners' Representative and a clarification obtained before the bids are received, and if no such notice is received by the Owner's Representative prior to the opening of bids, then it shall be deemed that the Contractor fully understands the work to be included and has provided sufficient sums in its bid to complete the work in accordance with these plans and specifications. If Contractor does not notify Owner's Representative before bidding of any discrepancies or omissions, then it shall be deemed for all purposes that the plans and specifications are sufficient and adequate for completion of the project. It is further agreed that any request for clarification must be submitted no later than five (5) calendar days prior to the opening of bids. 26. RIGHT OF OWNER TO MODIFY METHODS AND EQUIPMENT If at any time the methods or equipment used by the Contractor are found to be inadequate to secure the quality of work with the rate of progress required under this contract, the Owner or Owner's Representative may order the Contractor in writing to increase their safety or improve their character and efficiency and the Contractor shall comply with such order. If, at any time, the working force of the Contractor is inadequate for securing the progress herein specified, the Contractor shall, if so ordered in writing, increase its force or equipment, or both, to such an extent as to give reasonable assurance of compliance with the schedule of progress. 27. PROTECTION AGAINST ACCIDENT TO EMPLOYEES AND THE PUBLIC AND GENERAL INDEMNITY The Contractor shall take out and procure a policy or policies of Workers Compensation Insurance with an insurance company licensed to transact business in the State of Texas, which policy shall comply with the Workers' Compensation laws of the State of Texas. The Contractor shall at all times exercise reasonable ' precaution for the safety of employees and others on or near the work and shall comply with all applicable provisions of federal, state and municipal laws and building and construction codes. All machinery and equipment and other physical hazards shall be guarded in accordance with the "Manual of Accident Prevention in Construction" of Associated General Contractors of America, except where incompatible with federal, state or municipal laws or regulations. The Contractor, its sureties and insurance carriers shall defend, indemnify and hold harmless the Owner and all of its Offices, agents and employees against any all losses, costs, damages, expenses, liabilities, claims and/or causes of action, whether known or unknown, fixed, actual, accrued or contingent, liquidated or unliquidated, including, but not limited to, attorneys' fees and expenses, in connection with, incident to, related to, or arising out of, the Contractor's or any subcontractor's, agent's or employee's, in any manner whatsoever, omission, execution and/or supervision of this contract, and the project which is the subject matter of this contract. The safety precautions taken shall be the sole responsibility of the Contractor, in its sole discretion as an Independent Contractor; inclusion of this paragraph in the Agreement, as well as any notice which may be given by the Owners or the Owner's Representative concerning omissions under this paragraph as the work progresses, are intended as reminders to the Contractor of its duty and shall not be construed as any assumption of duty to supervise safety precautions by either the Contractor or any of its subcontractors. 28. CONTRACTOR'S INSURANCE The Contractor shall not commence work under this contract until he has obtained all insurance as required in the General Conditions of the contract documents, from an underwriter authorized to do business in the State of Texas and satisfactory to the City. Proof of coverage shall be fiunished to the City and written notice of cancellation or any material change shall 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 coverage's shall be submitted prior to contract execution. PROOF OF COVERAGE SHALL BE FURNISHED TO THE CITY OF LUBBOCK IN THE FORM OF A CERTIFICATE OF INSURANCE. THE INSURANCE CERTIFICATES FURNISHED SHALL NAME THE CITY OF LUBBOCK AS ADDITIONAL INSURED ON AUTO/GENERAL LIABILITY ON A PRIMARY AND NON-CONTRIBUTORY BASIS- TO INCLUDE PRODUCTS OF COMPLETE OPERATIONS. PROVIDE A WAIVER OF SUBROGATION IN FAVOR OF THE CITY OF LUBBOCK, OR IN THE ALTERNATIVE, SHALL BE ACCOMPANIED BY A STATEMENT FROM THE CONTRACTOR TO THE EFFECT THAT NO WORK ON THIS PARTICULAR PROJECT SHALL BE SUBCONTRACTED. IT SHALL BE THE CONTRACTOR'S RESPONSIBILITY TO PROVIDE TO THE OWNER ALL PROOF OF COVERAGE INSURANCE DOCUMENTS INCLUDING WORKERS COMPENSATION COVERAGE FOR EACH SUBCONTRACTOR. COPIES OF THE ENDORSEMENTS ARE REQUIRED. 7 i'. 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-Comp/Op AGG Personal & Adv. Injury Contractual Liability WITH HEAVY EQUIPMENT ENDORSEMENT B. Owner's and Contractor's Protective Liability Insurance. — NOT REQUIRED. C. Comprehensive Automobile Liability Insurance (Waiver of Subrogation Required) The Contractor shall have Comprehensive Automobile Liability Insurance with limits of not less than; Bodily Injury/Property Damage, $1,000,000 Combined Single Limit, to Any Auto. D. Builder's Risk Insurance/Installation Floater Insurance - NOT REQUIRED. E. Umbrella Liability Insurance - NOT REQUIRED. F. Worker's Compensation and Employers Liability insurance (Waiver of Subrogation required) Worker's Compensation Insurance covering all employees whether employed by the Contractor or any Subcontractor on the job with Employers Liability of at least $1,000,000. G. The City of Lubbock shall be named as additional insured on Auto/General Liability on a primary and non-contributory basis, to include Products of Completed Operations endorsement, with a Waiver of Subrogation in favor of the City of Lubbock on all coverages. 1. Definitions: Certificate of coverage ("certificate") - A copy of a certificate of insurance, a certificate of authority to self -insure issued by the commission, or a coverage agreement (TWCC-81, TWCC- 82, TWCC-83, or TWCC-84), showing statutory workers' compensation insurance coverage for the person's or entity's employees providing services on a project, for the duration of the project. Duration of the project - includes the time from the beginning of the work on the project until the Contractor's/person's work on the project has been completed and accepted by the governmental entity. Persons providing services on the project ("subcontractor" in Section 406.096, Texas Labor Code) - includes all persons or entities performing all or part of the services the Contractor has undertaken to perform on the project, regardless of whether that person contracted directly with the Contractor and regardless of whether that person has employees. This includes, without limitation, independent contractors, subcontractors, leasing companies, motor carriers, owner - operators, employees of any such entity, or employees of any entity which furnishes persons to provide services on the project. "Services" include, without limitation, providing, hauling, or delivering equipment or materials, or providing labor, transportation, or other service related to a project. "Services" does not include activities unrelated to the project, such as food/beverage vendors, office supply deliveries, and delivery of portable toilets. 2. The Contractor shall provide coverage, based on proper reporting of classification codes and a payroll amounts and filing of any coverage agreements, which meets the statutory requirements I of Texas Labor Code, Section 401.011(44) for all employees of the contractor providing services r1i on the project, for the duration of the project. The Contractor must provide a certificate of coverage to the governmental entity prior to being awarded the contract. 4. If the coverage period shown on the Contractor's current certificate of coverage ends during the duration of the project, the Contractor must, prior to the end of the coverage period, file a new certificate of coverage with the governmental entity showing that coverage has been extended. 5. The Contractor shall obtain from each person providing services on the project, and provide to the governmental entity: (a) a certificate of coverage, prior to that person beginning work on the project, so the governmental entity shall 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. The Contractor shall retain all required certificates of coverage for the duration of the project and for one year thereafter. 7. The Contractor shall notify the governmental entity in writing by certified mail or personal delivery, within 10 days after the Contractor knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project. 8. The Contractor shall post on each project site a notice, in the text, form and manner prescribed by the Texas Workers' Compensation Commission, informing all persons providing services on the project that they are required to be covered, and stating how a person may verify coverage and report lack of coverage. 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 9 1 G (2) a new certificate of coverage showing extension of coverage, prior to the end of the coverage period, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (e) retain all required certificates of coverage on file for the duration of the project and for one year thereafter; (f) notify the governmental entity in writing by certified mail or personal delivery, within 10 days after the person knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project; and (g) contractually require each person with whom it contracts to perform as required by paragraphs (a) - (g), with the certificates of coverage to be provided to the person for whom they are providing services. 10. By signing this contract or providing or causing to be provided a certificate of coverage, the Contractor is representing to the governmental entity that all employees of the Contractor who shall provide services on the project shall 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. (2) The location of the operations to which the insurance applies. (3) The name of the policy and type or types of insurance in force thereunder on the date borne by such certificate. (4) The expiration date of the policy and the limit or limits of liability thereunder on the date borne by such certificate. (5) A provision that the policy may be canceled only by mailing written notice to the named insured at the address shown in the bid specifications. (6) A provision that written notice shall be given to the City ten days prior to any change in or cancellation of the policies shown on the certificate. (7) The certificate or certificates shall be on the form (or identical copies thereof) contained in the job specifications. No substitute of nor amendment thereto will be acceptable. (8) If policy limits are paid, new policy must be secured for new coverage to complete project. (9) A Contractor shall: 10 1 (a) provide coverage for its employees providing services on a project, for the duration of the t project based on proper reporting of classification codes and payroll amounts and filling of any coverage agreements; (b) provide a certificate of coverage showing workers` compensation coverage to the governmental entity prior to beginning work on the project; (c) provide the governmental entity, prior to the end of the coverage period, a new certificate of coverage showing extension of coverage, if the coverage period shown on the Contractor's current certificate of coverage ends during the duration of the project; (d) obtain from each person providing services on a project, and provide to the governmental entity: (i) a certificate of coverage, prior to that person beginning work on the project, so the governmental entity will have on file certificates of coverage showing coverage for all persons providing services on the project; and (ii) no later than seven days after receipt by the Contractor, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (e) retain all required certificates of coverage on file for the duration of the project and for one year thereafter; (f) notify the governmental entity in writing by certified mail or personal delivery, within 10 days after the Contractor knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project; (g) post a notice on each project site informing all persons providing services on the project that they are required to be covered, and stating how a person may verify current coverage and report failure to provide coverage. This notice does not satisfy other posting requirements imposed by the Texas Worker's Compensation Act or other commission rules. This notice must be printed with a title in at least 30 point bold type and text in at least 19 point normal type, and shall be in both English and Spanish and any other language common to the worker population. The text for the notices shall be the following text provided by the commission on the sample notice, without any additional words or changes: REQUIRED WORKERS' COMPENSATION COVERAGE "The law requires that each person working on this site or providing services related to this construction project must be covered by workers' compensation insurance. This includes persons providing, hauling, or delivering equipment or materials, or providing labor or transportation or other service related to the project, regardless of the identity of their employer or status as an employee. " "Call the Texas Workers' Compensation Commission at 800-372-7713 or 512-804- 4000 (www.tdi.state.tx.usl 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 d Y work on the project; L; 11 (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 1 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, 1; 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 governmental entity in writing by certified mail or personal delivery, within 10 days after the person knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project; and (viii) contractually require each other person with whom it contracts, to perform as required by paragraphs (i)-(viif), with the certificate of coverage to be provided to the person for whom they are providing services. 29. DISABLED EMPLOYEES Contractors having more than fifteen (15) employees agree to comply with the Americans with Disabilities Act of 1990, and agree not to discriminate against a qualified individual with a disability because of the disability of such individual in regard to job application procedures, the hiring, advancement, or discharge of employees, employee compensation, job training, and other terms, conditions, and privileges of employment. 30. PROTECTION AGAINST CLAIMS OF SUBCONTRACTORS LABORERS MATERIALMEN AND FURNISHERS OF MACHINERY, EQUIPMENT AND SUPPLIES Without limiting, in any way, manner or form, the indemnity provided by Contractor in paragraph 27 hereof, the Contractor agrees that it will indemnify and save the Owner and all of its Offices, agents and employees, harmless against any and all claims, liabilities, losses, damages, expenses and causes of action arising out of, in any way, manner or form, the demands of subcontractors, laborers, workmen, mechanics, material men and furnishers of machinery and parts thereof, equipment, power tools, and supplies, incurred in the performance of this contract 12 and the project which is the subject matter of this contract. When Owner so desires, the Contractor shall furnish satisfactory evidence that all obligations of the nature hereinabove designated have been paid, discharged or waived. 31. PROTECTION AGAINST ROYALTIES OR PATENT INVENTION The Contractor shall pay all royalties and license fees, and shall provide for the use of any design, device, material or process covered by letters patent or copyright by suitable legal agreement with the Patentee or owner thereof. Without limiting, in any way, manner or form, the indemnity provided by Contractor in paragraph 27 hereof, the Contractor shall defend all suits or claims for infringement of any patent or copyrights and shall indemnify and save the Owner, and all of its Offices, agents and employees harmless from any loss on account thereof, except that Owner shall defend all such suits and claims and shall be responsible for all such loss when a particular design, device, material or process or the product of a particular manufacturer or manufacturers is specified or required in these contract documents by Owner; provided, however, if choice of alternate design, device, material or process is allowed to the Contractor, then Contractor shall indemnify and save Owner, and all of its Offices, agents and employees harmless from any loss on account thereof. Notwithstanding anything herein to the contrary, if the material or process specified or required by Owner and/or this contract is an infringement, the Contractor shall be responsible for such loss unless it gives written notice of such infringement to the Owner's Representative prior to bidding. 32. LAWS AND ORDINANCES The Contractor shall at all times observe and comply with all federal, state and local laws, ordinances and regulations, which in any manner affect the contract or the work, and without limiting, in any way, manner or form, the indemnity provided by Contractor in paragraph 27 hereof, Contractor shall indemnify and save harmless the Owner, and all of its Offices, agents, and employees against any claims arising from the violation of any such laws, ordinances, and regulations, whether by the Contractor, its employees, or subcontractors. If the Contractor observes that the plans and specifications are at variance therewith, he shall notify the Owner's Representative in writing prior to bidding and any necessary changes shall be adjusted as provided in the contract for changes in the work. In the absence of timely written notification to Owner's Representative of such variance or variances within said time, any objection and/or assertion that the plans and specifications are at variance with any federal, state or local laws, ordinances or regulations shall be deemed waived. If the Contractor, its employees or subcontractors perform any work contrary to such laws, ordinances, rules and regulations, and without such notice to the Owner's Representative, Contractor shall bear all costs arising therefrom. The Owner is a municipal corporation of the State of Texas and the law from which it derives its powers, insofar as the same regulates the objects for which, or the manner in which, or the conditions under which the Owner may enter into contracts, shall be controlling, and shall be considered as part of this contract to the same effect as though embodied herein. 33. SUBCONTRACTING The Contractor agrees that it will retain personal control and will give its personal attention to the fulfillment of this contract. The Contractor further agrees that subletting of any portion or feature of the work, or materials required in the performance of this contract, shall not relieve the Contractor from its full obligations to the Owner, as provided by the contract documents. 34. TIME FOR SUBSTANTIAL COMPLETION AND LIQUIDATED DAMAGES It is hereby understood and mutually agreed by and between the Contractor and the Owner, that the date of beginning and time for completion as specified in the contract documents, of work to be done hereunder are essential conditions of this contract; and it is further mutually understood and agreed that the work embraced in this contract shall be commenced as provided in the contract documents. 13 If the Contractor should neglect, fail, or refuse to substantially complete the work within the time herein specified, then the Contractor does hereby agree as part of the consideration for the awarding of this contract, the Owner may withhold permanently from Contractor's total compensation, the sum of ONE -THOUSAND FORTY- FOUR DOLLARS ($1,044) PER CONSECUTIVE CALENDAR DAY, not as a penalty, but as liquidated damages for the breach of the contract as herein set forth for each and every working day that the Contractor shall g' be in default after the time stipulated for substantially completing the work. It is expressly understood and agreed, by and between Contractor and the Owner, that the time for the substantial completion of the work described herein is reasonable time for the completion of the same, taking into consideration the average climatic range and conditions and usual industrial conditions prevailing in this locality. The amount is fixed and agreed upon by and between the Contractor and the Owner because the actual damages the Owner would sustain in such event would be difficult and/or impossible to estimate, however, the amount agreed upon herein is a reasonable forecast of the amount necessary to render just compensation to Owner, and is expressly agreed to be not disproportionate to actual damages as measured at time of breach. IT IS FURTHER AGREED AND UNDERSTOOD BETWEEN THE CONTRACTOR AND OWNER THAT TIME IS OF THE ESSENCE OF THIS CONTRACT. 35. TIME AND ORDER OF COMPLETION It is the meaning and intent of this contract, unless otherwise herein specifically provided, that the Contractor shall be allowed to prosecute its work at such time and sessions, in such order of precedence, and in such manner as shall be most conductive to economy of construction; provided, however, that the order and time of prosecution shall be such that the work shall be substantially completed as a whole and in part, in accordance with this contract, the plans and specifications, and within the time of completion designated in the bid; provided, also, that when the Owner is having other work done, either by contract or by its own force, the Owner's Representative may direct the time and manner of constructing work done under this contract so that conflicts will be avoided and the construction of the various works being done for the Owner shall be harmonized. The Contractor shall submit, at such times as may reasonably be requested by the Owner's Representative, schedules which shall show the order in which the Contractor intends to carry on the work, with dates at which the Contractor will start the several parts of the work and estimated dates of completion of the several parts. 36. TIME OF PERFORMANCE The Contractor agrees that it has submitted its bid in full recognition of the time required for the completion of this project, taking into consideration the average climatic range and industrial conditions prevailing in this locality, and has considered the liquidated damage provisions of paragraph 34 hereinabove set forth and expressly agrees that it shall not be entitled to, nor will it request, an extension of time on this contract, except when its work has been delayed by an act or neglect of the Owner, Owner's Representative, employees of the Owner or other contractors employed by the Owner, or by changes ordered in the work, or by strike, walkouts, acts of God or the public enemy, fire or flood. Any request for extension shall be in writing with the written request for same setting forth all justifications, in detail, for the request, and submitted to Owner's Representative within twenty (20) calendar days of the occurrence of the event causing said delay. A failure by Owner's Representative to affirmatively grant the extension no later than twenty (20) calendar days of written submission by Contractor shall be deemed a denial, and final. Further, in the absence of timely written notification of such delay and request for extension, as provided herein, any request for extension by Contractor shall be deemed waived. 37. HINDRANCE AND DELAYS In executing the contract, the Contractor agrees that in undertaking to complete the work within the time herein fixed, Contractor has taken into consideration and made allowances for all hindrances and delays incident to such work, whether growing out of delays due to unusual and unanticipated circumstances, difficulties or delays in securing material or workmen, or any other cause or occurrence. No charge shall be made by the Contractor for hindrance or delays from any cause during the progress of any part of the work embraced in this contract except 14 where the work is stopped by order of the Owner or Owner's Representative for the Owner's convenience, in which event, such expense as in the sole judgment of the Owner's Representative that is caused by such stoppage shall be paid by Owner to Contractor. 38. 4UANTITIES AND MEASUREMENTS No extra or customary measurements of any kind will be allowed, but the actual measured or computed length, area, solid contents, number and weight only shall be considered, unless otherwise specifically provided. In the event this contract is let on a unit price basis, then Owner and Contractor agree that this contract, including the specifications, plans and other contract documents are intended to show clearly all work to be done and material to be furnished hereunder. Where the estimated quantities are shown, and only when same are expressly stated to be estimates, for the various classes of work to be done and material to be furnished under this contract, they are approximate and are to be used only as a basis for estimating the probable cost of the work and for comparing their bids offered for the work. In the event the amount of work to be done and materials to be furnished are expressly stated to be estimated, and only when same are expressly stated to be estimated, it is understood and agreed that the actual amount of work to be done and the materials to be furnished under this contract may differ somewhat from these estimates, and that where the basis for payment under this contract is the unit price method, payment shall be for the actual amount of work done and materials furnished on the project. 39. PROTECTION OF ADJOINING PROPERTY The Contractor shall take proper means to protect the adjacent or adjoining property or properties in any way encountered, which may be injured or seriously affected by any process of construction to be undertaken under this agreement, from any damage or injury by reason of said process of construction; and Contractor shall be liable for any and all claims for such damage on account of his failure to fully protect all adjacent property. Without limiting, in any way, manner and form, the indemnity provided by Contractor in paragraph 27 hereof, the Contractor agrees to indemnify, save and hold harmless the Owner, and any of its Offices, agents and employees, against any and all claims or damages due to any injury to any adjacent or adjoining property, related to, arising from or growing out of the performance of this contract. 40. PRICE FOR WORK In consideration of the furnishing of all necessary labor, equipment and material and the completion of all work by the Contractor, and on the delivery of all materials embraced in this contract in full conformity with the specifications and stipulations herein contained, the Owner agrees to pay the Contractor the price set forth in the bid proposal attached hereto, which has been made a part of this contract, and the Contractor hereby agrees to receive such price in full for furnishing all materials and all labor required for the aforesaid work, also, for all expenses incurred by Contractor and for well and truly performing the same and the whole thereof in the manner and according to this agreement, the attached specifications, plans, contract documents and requirements of Owner's Representative. 41. PAYMENTS No payments made or certificates given shall be considered as conclusive evidence of the performance of the contract, either wholly or in part, nor shall any certificate or payment be considered as acceptance of defective work. Contractor shall at any time requested during the progress of the work furnish the Owner or Owner's Representative with a verifying certificate showing the Contractor's total outstanding indebtedness in connection with the work. Before final payment is made, Contractor shall satisfy Owner, by affidavit or otherwise, that there are no outstanding liens against Owner's premises by reason of any work under the contract. Acceptance by Contractor of final payment of the contract price shall constitute a waiver of all claims against Owner, Owner's agents and employees, which have not theretofore been timely filed as provided in this contract. 42. PARTIAL PAYMENTS 15 On or before the tenth day of each month, the Contractor shall submit to Owner's Representative an application for partial payment or, if the Contractor does not submit such application, the Owner's Representative shall determine the amount to be partially paid. Owner's Representative shall review said application for partial payment if submitted, and the progress of the work made by the Contractor and if found to be in order, shall prepare a certificate for partial payment showing as completely as practical the total value of the work done by the Contractor up to and including the last day of the preceding month. The determination of the partial payment by the Owner's Representative shall be in accordance with Paragraph 14 hereof. ; .. The Owner shall then pay the Contractor on or before the fifteenth day of the current month the total amount of the Owner's Representative's Certificate of Partial Payment, less 5% of the amount thereof, which 5% shall be retained until final payment, and further, less all previous payments and all further sums that may be retained by Owner under the terms of the contract documents. Any partial payment made hereunder shall not constitute a waiver by the Owner of any and all other rights to enforce the express terms of the contract documents, and all remedies provided therein, as to any and all work performed, to be performed and/or materials delivered hereunder, including, but limited to, work to which said partial payment is attributable. 43. SUBSTANTIAL COMPLETION Contractor shall give Owner's Representative written notice of substantial completion. Within thirty-one (31) working days after the Contractor has given the Owner's Representative written notice that the work has been substantially completed, the Owner's Representative and/or the Owner shall inspect the work and within said time, if the work be found to be substantially completed in accordance with the contract documents, the Owner's Representative shall issue to the Owner and Contractor a certificate of substantial completion. Notwithstanding the issuance of a certificate of substantial completion, Contractor shall proceed with diligence to finally complete the work within the time provided in this contract. 44. FINAL COMPLETION AND PAYMENT The Contractor shall give written notice to Owner's Representative of final completion. Upon written notice of final completion, the Owner's Representative shall proceed to make final measurement to determine whether final completion has occurred. If the Owner's Representative determines final completion has occurred, Owner's Representative shall so certify to the Owner. Upon certification by Owner's Representative of final completion, Owner shall pay to the Contractor on or before the 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. 45. CORRECTION OF WORK Contractor shall promptly remove from Owner's premises all materials condemned by the Owner's Representative on account of failure to conform to the contract documents, whether actually incorporated in the work or not, and Contractor shall at its own expense promptly replace such condemned materials with other materials conforming to the requirements of the contract documents. Contractor shall also bear the expense of restoring all work of other contractors damaged by any such removal or replacement. If Contractor does not remove and replace any such condemned work within a reasonable time after a written notice by the Owner or the Owner's Representative, Owner may remove and replace it at Contractor's expense. Neither the final payment, nor certification of final completion or substantial completion, nor any provision in the contract documents shall relieve the Contractor of responsibility for faulty materials or workmanship, and Contractor shall remedy any defects due thereto and pay for any damage to other work resulting therefrom, which -- , shall appear within a period of one (1) year from the date of certification of final completion by Owner's Representative. 16 46. PAYMENT WITHHELD The Owner or Owners 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. 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 17 become due to the Contractor under and by virtue of this Agreement. In case such expense is less than the sum which would have been payable under this contract, if the same had been completed by the Contractor, then said Contractor shall receive the difference. In case such expense is greater than the sum which would have been payable under this contract, if the same had been completed by said Contractor, then the Contractor and/or its Surety shall pay the amount of such excess to the Owner; or (b) The Owner, under sealed bids, after notice published as required by law, at least twice in a newspaper having a general circulation in the County of location of the work, may let the contract for the completion of the work under substantially the same terms and conditions which are provided in this contract. In case of any increase in cost to the Owner under the new contract as compared to what would have been the cost under this contract, such increase shall be charged to the Contractor and the Surety shall be and remain bound therefore. Should the cost to complete any such new contract prove to be less than that which would have been the cost to complete the work under this contract, the Contractor or his Surety shall be credited therewith. In the event the Owner's Representative elects to complete the work, as described above, when the work shall have been finally completed, the Contractor and his Surety shall be so notified and certification of completion as provided in paragraph 44 hereinabove set forth, shall be issued. A complete itemized statement of the contract accounts, certified to by Owner's Representative as being correct shall then be prepared and delivered to Contractor and his Surety, if applicable, whereon the Contractor or his Surety, or the Owner as the case may be, shall pay the balance due as reflected by said statement within 30 days after the date of certification of completion. In the event the statement of accounts shows that the cost to complete the work is less than that which would have been the cost to the Owner had the work been completed by the Contractor under the terms of this contract, or when the Contractor and/or his Surety, if applicable, shall pay the balance shown to be due by them to the Owner, then all machinery, equipment, tools, materials or supplies left on the site of the work shall be turned over to the Contractor and/or his Surety, if applicable. Should the cost to complete the work exceed the contract price, and the Contractor and/or his Surety, if applicable, fail to pay the amount due the Owner within the time designated hereinabove, and there remains any machinery, equipment, tools, materials or supplies on the site of the work, notice thereof, together with an itemized list of such equipment and materials shall be mailed to the Contractor and his Surety, if applicable, at the respective addresses designated in this contract; provided, however, that actual written notice given in any manner will satisfy this condition. After mailing, or other giving of such notice, such property shall be held at the risk of the Contractor and his Surety, if applicable, subject only to the duty of the Owner to exercise ordinary care to protect such property. After fifteen (15) calendar days from the date of said notice the Owner may sell such machinery, equipment, tools, materials or supplies and apply the net sum derived from such sale to the credit of the Contractor and his Surety, if applicable. Such sale may be made at either public or private sale, with or without notice, as the Owner may elect. The Owner shall release any machinery, equipment, tools, materials, or supplies that remain on the jobsite and belong to persons other than the Contractor or his Surety, if applicable, to their proper owners. The remedies provided to Owner by law, equity, contract, or otherwise, shall be cumulative, to the extent permitted by law. It is expressly agreed and understood that the exercise by Owner of the remedies provided in this paragraph shall not constitute an election of remedies on the part of Owner, and Owner, irrespective of its exercise of remedies hereunder, shall be entitled to exercise concurrently or otherwise, any and all other remedies available to it, by law, equity, contract or otherwise, including but not limited to, liquidated damages, as provided in paragraph 34, hereinabove set forth. 49. LIMITATION ON CONTRACTOR'S REMEDY The remedies of Contractor hereunder shall be limited to, and Owner shall be liable only for, work actually performed by Contractor and/or its subcontractors as set forth in the contract documents, and Owner shall not be 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. 18 F, 50. BONDS The Contractor is required to furnish a performance bond in accordance with Chapter 2253, Government Code, in the amount of 100% of the total contract price in the event that said contract price exceeds $100,000 and the Contractor is required to furnish a payment bond in accordance with Chapter 2253, Government Code, in the amount of 100% of the total contract price in the event that said contract price exceeds $50,000. All bonds shall be submitted on forms supplied by the Owner, and executed by an approved Surety Company authorized to do business in the State of Texas. It is further agreed that this contract shall not be in effect until such bonds are so furnished. 51. SPECIAL CONDITIONS In the event special conditions are contained herein as part of the contract documents and said special conditions conflict with any of the general conditions contained in this contract, then in such event the special conditions shall control. 52. LOSS OR EXPENSE DUE TO UNUSUAL OR UNANTICIPATED CIRCUMSTANCES Unless otherwise specified herein, all loss, expense or damage to the Contractor arising out of the nature of the work to be done, or from the action of the elements, or from any unforeseen circumstance or from unusual obstructions or difficulties, naturally occurring, man made or otherwise, which may be encountered in the prosecution of the work, shall be sustained and borne by the Contractor at his own cost and expense. 53. INDEPENDENT CONTRACTOR Contractor is, and shall remain, an independent contractor with full, complete and exclusive power and authority to direct, supervise, and control its own employees and to determine the method of the performance of the work covered hereby. The fact that the Owner or Owner's Representative shall have the right to observe Contractor's work during Contractor's performance and to carry out the other prerogatives which are expressly reserved to and vested in the Owner or Owner's Representative hereunder, is not intended to and shall not at any time change or effect the status of the Contractor as an independent contractor with respect to either the Owner or Owner's Representative or to the Contractor's own employees or to any other person, firm, or corporation. 54. CLEANING UP The Contractor shall at all times keep the premises free from accumulation of debris caused by the work, and at the completion of the work Contractor shall remove all such debris and also its tools, scaffolding, and surplus materials and shall leave the work room clean or its equivalent. The work shall be left in good order and condition. In case of dispute Owner may remove the debris and charge the cost to the Contractor. 55. HAZARDOUS SUBSTANCES AND ASBESTOS Hazardous Substances (herein so called), as defined in the Comprehensive Environmental Response, Compensation, and Liability Act (42 U.S.C.S. §9601(14)) and the regulations promulgated thereunder, as same may be amended from time to time, hydrocarbons or other petroleum products or byproducts and/or asbestos, in any form, shall not (i) be utilized, in any way, manner or form, in the construction of, or incorporation into, the Project; or (ii) be brought upon, placed, or located, by any party, on the Project site, or any other property of the City, without the written consent of the Owner's Representative. If Contractor believes that the utilization of a Hazardous Substance, hydrocarbons or other petroleum products or byproducts and/or asbestos is necessary in the a 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 F 19 t the request of Contractor is not granted, or otherwise not responded to, by Owner's Representative within five (5) days of the receipt of said request, said request shall be deemed to be denied. In the event Owner's Representative shall consent to the request of Contractor, Contractor shall be responsible for ensuring that all personnel involved in the Project are (i) trained for the level of expertise required for proper performance of the actions contemplated by this Contract and, in particular, in all aspects of handling, storage, disposal and exposure of Hazardous Substances, hydrocarbons or other petroleum products or byproducts and/or asbestos; and (ii) are provided and utilize all protective equipment, including without limitation, personal protective gear, necessary to provide protection from exposure to Hazardous Substances, hydrocarbons or other petroleum products or byproducts and/or asbestos. 56. NONAPPROPRIATION All funds for payment by the City under this contract are subject to the availability of an annual appropriation for this purpose by the City. In the event of non -appropriation of funds by the City Council of the City of Lubbock for the goods or services provided under the contract, the City will terminate the contract, without termination charge or other liability, on the last day of the then -current fiscal year or when the appropriation made for the then -current year for the goods or services covered by this contract is spent, whichever event occurs first. If at any time funds are not appropriated for the continuance of this contract, cancellation shall be accepted by the Seller on thirty (30) days prior written notice, but failure to give such notice shall be of no effect and the City shall not be obligated under this contract beyond the date of termination. 57. THE CITY RIGHT TO AUDIT At any time during the term of this Contract and for a period of four (4) years thereafter the City or a duly authorized audit representative of the City, or the State of Texas, at its expense and at reasonable times, reserves the right to audit Contractor's records and books relevant to all services provided under this Contract. In the event such an audit by the City reveals any errors/overpayments by the City, Contractor shall refund the City the full amount of such overpayments within thirty (30) days of such audit findings, or the City, at its option, reserves the right to deduct such amounts owing the City from any payments due Contractor. 58. NON -ARBITRATION The City reserves the right to exercise any right or remedy available to it by law, contract, equity, or otherwise, including without limitation, the right to seek any and all forms of relief in a court of competent jurisdiction. Further, the City shall not be subject to any arbitration process prior to exercising its unrestricted right to seek judicial remedy. The remedies set forth herein are cumulative and not exclusive, and may be exercised concurrently. To the extent of any conflict between this provision and another provision in, or related to, this document, this provision shall control. 20 i 7g� t DAVIS BACON WAGE DETERMINATIONS Page Intentionally Left Blank {9 EXHIBIT A General Decision Number: TX120007 01/06/2012 TX7 Superseded General Decision Number: TX20100008 State: Texas Construction Types: Heavy and Highway Counties: Armstrong, Carson, Crosby, Ector, Irion, Lubbock, Midland, Potter, Randall, Taylor and Tom Green Counties in Texas. HEAVY & HIGHWAY CONSTRUCTION PROJECTS Modification Number Publication Date 0 01/06/2012 * SUTX2011-002 08/02/2011 Rates Fringes CEMENT MASON/CONCRETE FINISHER (Paving & Structures)...$ 13.55 .. ELECTRICIAN ......................$ 20.96 FORM BUILDER/FORM SETTER Paving & Curb ...............$ 12.36 s Structures ..................$ 13.52 LABORER Asphalt Raker ...............$ 12.28 Flagger.....................$ 9.30 Laborer, Common .............$ 10.30 Laborer, Utility ............ $ 11.80 Work Zone Barricade Servicer....................$ 10.30 POWER EQUIPMENT OPERATOR: Asphalt Distributer ......... $ 14.87 Asphalt Paving Machine ...... $ 13.40 Broom and Sweeper ........... $ 11.21 Crane, Lattice Boom 80 ._' Tons or Less ................$ 16.82 Crawler Tractor Operator .... $ 13.96 Excavator, 50,000 lbs or `.._ less ........................$ 13.46 Front End Loader Operator, Over 3 CY...................$ 12.77 Front End Loader, 3CY or 1-2 less ........................$ 12.28 Loader/Backhoe..............$ 14.18 Mechanic ....................$ 20.14 Milling Machine .............$ 15.54 Motor Grader, Rough ........ $ 16.15 Motor Grader, Fine .......... $ 17.49 (' Pavement Marking Machine .... $ 16.42 j Reclaimer/Pulverizer........ $ 12.85 Roller, Asphalt .............$ 10.95 t_j Roller, Other ...............$ 10.36 )_ Scraper .....................$ 10.61 Spreader Box ................$ 12.60-, Servicer .........................$ 13.98 Steel Worker (Reinforcing) ....... $ 13.50 TRUCK DRIVER Lowboy -Float ................$ 14.46 Single Axle .................. $ 12.74 Single or Tandem Axle Dump..$ 11.33 Tandem Axle Tractor with Semi ........................$ 12.49 ----------------------------------------------------------- WELDERS - Receive rate prescribed for craft performing operation to which welding is incidental. Unlisted classifications needed for work not included within the scope of the classifications listed may be added after award only as provided in the labor standards contract clauses (29CFR 5.5 (a) (1) (ii)). 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 rate. Non -Union Identifiers s Classifications listed under an "SU" identifier were derived from survey data by computing average rates and are not union r- S6' 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 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 Boyd). Write to: Administrative Review Board U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 4.) A11 decisions by the Administrative Review Board are final. END OF GENERAL DECISION EXHIBIT B Prevailing Wage Rates Overtime Rate The rate for overtime (in excess of forty hours per week) shall be as required by the Fair Labor Standards Act. EXHIBIT C Prevailing Wage Rates Legal Holiday Rate The rate for legal holidays shall be as required by the Fair Labor Standards Act. n SPECIAL CONDITIONS & SPECIFICATIONS v_z L Page Intentionally Left Blank Ci SPECIAL CONDITIONS TIME AND ORDER FOR COMPLETION The micro -surfacing process covered by the contract documents shall be fully completed within _ 110 (ONE JTNDRED AND TEN) consecutive calendar days from the date specified in the Notice to Proceed issued by the City of Lubbock to the successful bidder. A. The Micro -Surfacing, with locations and materials as designated by the CiWs representative, shall not begin before May 14, 2013 and shall be completed no later than August 31, 2013. The Contractor may begin as soon as they receive the Notice to Proceed, and proceed until all designated locations are completed. B. The repairs shall be completed in 110 consecutive calendar days. The Contractor shall pay to the owner $1,044.00 per day for each calendar day after that until completion as liquidated damages. No credit will be given for bad weather days or other delays. In the event it is determined by the City that the progress of the work is not satisfactory, the City may direct the Contractor to take such action as the City deems necessary to insure completion of the project within the time specified. 2. CHANGES IN THE WORK The Street Department may make changes in the scope of the work required to be performed by the Contractor under the Contract or making additions thereto, or by omitting work there from, without involving the Contract, and without relieving or releasing the Contractor from any of his obligations under the contract or any guarantee given by him pursuant to the Contract provisions, and without affecting the validity of the guaranty bonds, and without relieving or releasing the surety or sureties of said bonds. All such work shall be executed under the terms of the original Contract unless it is expressly provided otherwise Except for the purpose of affording protection against any emergency endangering health, life, limb or property, the Contractor shall make no change in the materials used or in the specified manner of constructing and/or installing the improvements or supply additional labor, services or materials beyond that actually required for the execution of the contract, unless in pursuance of a written order from the local Public Agency authorizing the Contractor to proceed with the change. No claim for an adjustment of the contract price will be valid unless so ordered. If applicable unit prices are contained in the agreement (established as a result of either a unit price bid or a Supplement Schedule of Unit Prices) the Street Department may order the Contractor to proceed with desired changes in the work, the value of such changes to be determined by the measured quantities involved and the applicable unit prices specified in the contract; provided that in case of a unit price contract the net value of all changes does not increase or decrease the original total amount shown in the Agreement by more than twenty-five (25%) percent. SUPERINTENDENCE The Contractor's Superintendent and/or his assistants will not be allowed to serve two functions simultaneously, such operating machinery and acting as Superintendent at the same time. The Contractor's Superintendent must be free of individual responsibilities to enable him to give the entire project his constant attention to facilitate the progress thereof. The Contractor's Superintendent will be responsible for establishing grade control on concrete removal and replacement. 4. PROSECUTION OF WORK The Contractor will, before starting any work on any street, erect barricades and signs, or provide sufficient flagmen, as approved by the Street Superintendent, to give notice to vehicular traffic. During the construction the Contractor is to close to traffic streets, as approved by the Street Superintendent. At no time during the period of construction shall driveways and/or alleys be left impassable between the night hours of 6 P.M. to 6 A.M., except during the construction of the curb and gutter for which the driveways and/or alleys shall remain closed not more than 4 days including 72 hours for curing. The Contractor will, during the progress of the work, erect and maintain for twenty-four hours a day such barricades gg and warnings, as approved by the Street Superintendent, necessary to give notice to vehicular and pedestrian traffic of any and all obstructions and insofar as possible keep the streets and/or alleys on which work is being done in a passable condition. During the time the concrete is curing in the alleys and until it can be opened to traffic, the Contractor shall maintain warning signs on barricades with lights at each end of the block until the alley can be opened to traffic. The flagmen will be required to wear vests and use the type of flag as shown on flagging detail sheet in specifications. All equipment working on the streets will at all times have at least two (2) red, orange or fluorescent red -orange flags at least 16" x 16" in size. These flags shall be mounted high enough on the equipment so that they will be visible to all traffic meeting or passing the equipment. Before work is started on any street it will be the responsibility of the Contractor to notify each property owner that has a car or cars parked in their driveways or garages so that each owner might have the opportunity to move their cars. The Contractor shall schedule his work on major thoroughfares and collectors at least 5 days in advance, in order that businesses may have time to adjust their plans. On all thoroughfares and collectors, the Contractor and the City's Representatives will work with each of the businesses, hospitals, schools, etc., so that only part of the driveways into their parking lots will be closed. At no time will any parking lot be completely closed, without prior approval from the Owner's Representative, unless the work is being accomplished at night and the businesses are closed. The Contractor shall be responsible for notifying affected businesses of the proposed work and the projected schedule for completion of this work. Immediately after each re -construction the Contractor shall clean, remove any paving materials from gutters, rubbish and temporary structures from the street, restore in an acceptable manner all property, both public and private which has been damaged during the prosecution of the work, and leave the site of the work in a neat and presentable condition throughout. The cost of the "cleanup" shall be included as part of the cost of the various items of the work involved, and no direct compensation will be made for this work. The Contractor should familiarize himself with the Texas Manual on UNIFORM TRAFFIC CONTROL DEVICES for Streets and Highways. Part VI. 5. BARRICADES AND DANGER, WARNING AND DETOUR SIGNS AND TRAFFIC HANDLING The Contractor shall have the sole responsibility for providing, installing, moving, replacing, maintaining, cleaning and removing upon completion of work, all barricades, warning signs, barriers, cones, lights, signals and other such type devices for handling traffic control as indicated in the plans or as directed by the Street Superintendent. All barricades, warning signs, barriers, cones,lights,signals and other such type devices shall conform to details shown on the plans and as indicated in the Texas Manual on Uniform Traffic Control Devices. The Contractor may provide special signs not covered by plans to protect the traveling public against special conditions or hazards, provided however, that such signs are first approved by the Street Superintendent. Upon completion of the work, all barricades, warning signs, barriers, cones, lights, signals and other such type devices and evident thereof shall be removed by the Contractor. MAINTENANCE OF DETOURS The Contractor shall do such work as may be necessary to maintain detours and facilities for safe public travel in accordance with the Traffic Control Plan and these specifications. There shall be maintained in passable condition, such temporary roads and structures as may be necessary to accommodate public travel. Temporary approaches and crossings of intersecting highways shall be provided and maintained in a safe and passable condition by the Contractor at his entire expense. 7. PUBLIC SAFETY AND CONVENIENCE Ingress and egress to private property shall be provided as specified in the plans or as directed by the Street Superintendent. The Contractor shall plan and execute his operations in a manner that will cause the minimum interference with traffic. The Contractor shall secure the Street Superintendent's approval of his proposed plan of operation, sequence of work, and methods of providing for the safe passage of traffic before it is placed into operation. If at any time during construction the approved plan does not accomplish the intended purpose, due to weather or other conditions affecting the safe handling of traffic, the Contractor shall immediately make necessary changes therein to correct the unsatisfactory conditions. At night or otherwise, all equipment not in use shall be stored in such a manner and at such locations as not to interfere with the safe passage of traffic. The Contractor shall provide and maintain flaggers at such points an for such periods of time as may be required to provide for the safety and convenience of public travel and -Contractor's personnel, and i J I _ as directed by the Street Superintendent. Flaggers shall be English speaking, courteous, well informed, physically and mentally able to effectually perform their duties in safeguarding and directing traffic and protecting the work, and shall be neatly attired and groomed at all times when on duty. When directing traffic, flaggers shall use standard attire, flags and signals and follow the flagging procedures set forth in the Texas Manual on Uniform Traffic Control Devices for Streets and Highways. REMOVING OBSTRUCTIONS The Contractor shall familiarize himself with the existing obstructions including sidewalks, trees, poles, etc., prior to building. It shall be the Contractor's responsibility to remove these obstructions at the direction of the Street Superintendent, except that the utility companies will move their equipment at no cost to the Contractor. The Contractor will receive no compensation for delay caused by the Utility Companies in relocating or removing their equipment. TEST OF MATERIALS The City of Lubbock Pavement Management laboratory test results shall be the sole consideration for approval of materials, mix designs, adequacy of procedures, etc. The results of such testing shall be evaluated and final approval given by the Street Superintendent. A. CONCRETE MATERIALS Before Concrete materials can be used on any street, a current mix design'(not older than 30 days) with test reports will be submitted to the Street Superintendent for approval. During the construction period, concrete tests that fail will require the location to be cored at the contractor's expense. If the concrete cores fail, the concrete work will be removed and replaced at no additional cost to the City of Lubbock. B. HOT MIX The Contractor, or supplier of such materials, shall submit a mix design to the City Pavement Management office, at least thirty (30) days prior to the reconstruction, a mix design it shall include, but not limited to crushed face counts, Flakiness Index tests, and magnesium sulfate(soundness) tests. The gradation requirements shall be that as necessary to meet the gradation requirements of Item 6.3 (HMAC Mix Design Requirements). The crushed face count, Flakiness Index, and Magnesium Sulfate requirements shall meet those established in City of Lubbock Standard Paving Specifications, Item number 6.4. 10. SUBCONTRACTOR The Contractor shall not award any work to any subcontractor without prior written approval of the Owner, which approval will not be given until the Contractor submits to the Owner a written statement concerning the proposed award to the subcontractor, which statement shall contain such information as the Owner may require. The Contractor shall be as fully responsible to the Owner for the acts and omissions of his subcontractors, and of persons either directly or indirectly employed by them, as he is for the acts and omissions of persons directly employed by him. The Contractor shall cause appropriate provisions to be inserted in all subcontracts relative to the work to bind subcontractors to the Contractor by the terms of the General Conditions and other contract documents insofar as applicable to the work of subcontractors and to give the Contractor the same power as regard terminating any subcontract that the Owner may exercise over the Contractor under any provision of the contract documents. Nothing contained in this contract shall create any contractual relation between any subcontractor and the Owner and said subcontractor will look exclusively to contractor for any payments due subcontractor. 11. UNDERGROUND UTILITIES The Contractor's attention is directed to the fact that pipelines and other underground installations as may be shown on the plans have been taken from the best available information. There may be other pipelines or installations. The Contractor shall hold harmless the City from any and all suits or claims resulting from damage by his operations to any pipeline or underground installation. Lj It is the Contractor's responsibility, during the period of street construction, to insure that all utility cuts in the limits of street construction have been properly backfilled, compacted, and the top 6" inches backfilled with 2-sack flowable fill. It is notthe intent to require the Contractor to provide for the utility cut repair but for the individual utility company L making the cut to provide their own repairs. In the case of a City underground installation, the Contractor may be required, at the Street Superintendent's option, to repair the cut with 2-sack flowable fill at the unit price bid. 12. PARTIAL PAYMENTS On or before the tenth day of each month, the Contractor shall submit to Owner's Representative an application for partial payment. Owner's Representative shall review said application for partial payment and the progress of the work made by the Contractor and if found to be in order shall prepare a certificate for partial payment showing as completely as practical the total value of the work done by the Contractor up to and including the last day of the preceding month. 13. CORRECTION OF WORK AFTER FINAL PAYMENT Neither the final payment nor certificate nor any provision in this contract shall relieve the Contractor of responsibility for faulty materials or workmanship, and he shall remedy and defects due thereto and pay for any damage to other work resulting therefrom, which shall appear within a period of one (1) year from date of final acceptance of the project. The , Owner or the Owner's Representative shall give notice of observed defects with reasonable promptness. s 14. LABOR The Contractor must abide by the Wage and Hour Laws of the State of Texas, or the U.S. Department of Labor, and must not pay less than the rate legally prescribed or as set forth herein, whichever is higher. rr' Payment for time worked over forty -hours per week shall be made at one and one-half (1-1/2) times the above prevailing rates. Payment for time worked on legal holidays shall be paid at one and one-half (1-1/2) times the regular governing per diem wage f 1, rates. Any laborer, workman or mechanic required or permitted to work in excess of eight (8) hours per calendar day, under the emergency exceptions to House Bill No. 115 of the 44th Legislature invoked by HCR No. 201 of the 47th Legislature shall be paid on the basis of eight (8) hours constituting a day's work. ['J 15. NOTIFICATION OF CITIZENS All citizens shall be notified by door hangers a minimum of 24 hours and a maximum of 48 hours in advance of the Micro- Surfacing being placed on their street. The door hangers shall contain the following information on them. The company doing the work as well as a contact name and number. The contact person shall be a on site contact that is familiar with the project, an, shall be capable of dealing with citizens in a cordial manner. The door hanger shall contain a time frame in which the work shall take place Example: 8 AM to 7 PM. The door hanger shall lay out exactly what the citizens should expect, and shall let them know how long access to their home could be affected. Example: During this time access to your driveway could be limited or blocked for 1 to 2 hours. If your vehicle is in your driveway we can usually get you out in 20 to 30 minutes. Citizens shall be asked not to park their cars in the street during construction. The dates on the door hanger can have multiple dates but shall not exceed three working days. If this schedule is not met then the contractor will be required to hang door knockers again with a more accurate schedule. The door hangers shall also allude to unexpected equipment problems or unexpected weather problems The door hangers shall be submitted to the City of Lubbock Street Superintendent for approval. l- 16. HOURS OF OPERATION Operating hours will be Monday through Saturday as outlined in this section of these specifications unless other wise directed by the Street Superintendent. Hours of operation shall be: Major Thoroughfare's 7pm to lam, Residential Areas lam to 7pm Night work will be permitted only on our major thoroughfares and shall conform to the following. The micro -Surfacing shall be traffic ready by 7 AM, all traffic control devices and barricades shall be removed from the roadway by 7 A.M. _i i The following paragraphs give the specifications seal coat and two -course maintenance projects. Street Superintendent before use. Specifications p�Zc-u�E� 2't, 7,acZ on the various materials and applications to be used in All materials shall be subject to the approval of the In addition to this specification, the 2012 City of Lubbock Public Works Engineering Design Standards and Specifications apply to work and materials related to this seal coat application. 8.19 Equipment The contractor shall have duplicate equipment (spreader box, distributor, steel wheel roller, pneumatic roller). 8.20 Preparation of Surface Before the seal coat operation is started, The Contractor shall sweep the streets before the sealing and two -course operation is started. Asphalts for use on this project shall comply with Texas State Highway Department Specifications, Item 300 including revisions, and a certified copy of the test results will be finnished to the City. 8.22 Asphalt Heaters Asphaltic material heating equipment shall be adequate to heat the amount of asphaltic material required to the desired temperature. Asphaltic material may be heated by steam coils which shall be absolutely tight. Direct tire heating of asphaltic materials will be permitted, provided the heater used is manufactured by a reputable concern and there is positive circulation of the asphalt throughout the heater. Agitation with steam or air will not be permitted. The heating apparatus shall be equipped with a recording thermometer with a 24-hour chart that will record the temperature of the asphaltic material where it is the highest temperature. All storage tanks, piping, retorts, booster tanks and distributors used in storing or handling asphalt shall be kept clean and in good operating condition at all times, and they shall be operated in a manner that there .will be no contamination of the asphalt with foreign material. Asphalt is not to be heated above its recommended maximum temperature at any time. The Street Superintendent will select the temperature of application, and the Contractor shall apply the asphalt at a temperature within 15 degrees of the temperature selected. All asphalt material heated above its recommended maximum temperature will be rejected, and legally disposed of. Recirculating tank car heating equipment shall be equipped with an approved type recording thermometer. 8.23 Asphalt Apglication Asphalt shall be applied to the clean surface by an approved type of self propelled hydro -statically controlled pressure distributor so operated as to distribute the material in the quantity specified, evenly and smoothly. The beginning and ending of each shot of asphalt shall start and stop on a strip of heavy craft paper of not less than thirty inches in width. Asphalt for seal coat and two -course application shall not be applied unless covering with aggregate is assured within ten (10) minutes. No asphalt shall be applied when wind velocity is 25 M.P.H. or more. Asphalt shall not be applied if the ambient temperature is below 65 degrees F. Any block that receives a seal coat or two -course asphalt application that exceeds the rate set by the Street Superintendent by .04 or more will not be accepted until the bleeding is stopped. The Contractor will be required at his expense to furnish extra rock and equipment necessary to control this bleeding. After the bleeding is stopped, the City will then assume the maintenance of the block or blocks that exceeded the specified rate. Application of asphalt on street returns shall be accomplished by the distributor bars unless otherwise directed by the Street Superintendent. In areas regarded by the Street Superintendent as inaccessible to the distributor, use of the hand hose will be permitted, as directed by the Street Superintendent. Care shall be taken during application of any asphalt to shield the curb and gutter from asphalt spray. Manholes and valve boxes will be covered before each application of asphalt and immediately uncovered after the application of aggregate and before rolling operations. Successive applications of asphalt shall be made in the same manner after application of aggregate. 8.24 Rate of Application of Materials TxDOT Gals Spread Grade No. of Asphalt/S.Y. Ratio 1. SINGLE COURSE #5 0.30 1:110 2. TWO -COURSE THOROUGHFARES 1 st Course #4 0.28 1:95 2nd Course #5 0.30 1:100 COLLECTORS 1st Course #4 0.28 1:95 2nd Course #5 0.30 1:100 8.25 Aggregate for Single and Two Course Maintenance All gravel or crushed stone shall not exceed fifteen percent (15%) loss when tested by the four -(4) cycle magnesium sulfate soundness test, A.S.T.M. C-88. Crushed gravel shall have a minimum of 50 percent of the particles retained on the No. 4 sieve with more than one crushed face, as determined by Test Method Tex-460-A (particle count) and TxDOT 302.2. The percent of flat or elongated slivers of stone or gravel for any course shall not exceed 25%, when tested in accordance with Test Method Tex 224-F. The amount of organic matter, clays, loams, or particles coated therewith or other undesirable materials, when washed over the #10 sieve, shall not exceed 2 percent. The City of Lubbock Pavement Management Laboratory test results shall be the sole consideration for approval of materials, mix designs, adequacy of procedures, etc. The results of such testing shall be evaluated and final approval given by the Street Superintendent. Final acceptance of the aggregate shall be made only AFTER the material is in stockpile in the City of Lubbock. 8..26 Single Course Gradation Aggregate grading (TxDOT #5 Crushed Gravel, or Crushed Stone). Percent by Weight Retainedon 1/2" sieve.....................................................................................0 Retained on 3/8" sieve.............................................................................0 - 5 Retained on #4 sieve............................................................................40 - 85 Retained on #20 sieve...........................................................................99- 100 8.27 Two Course Gradation Aggregate Grading (Tx DOT #4 Crushed Gravel, or Crushed Stone). Percent by Weight Retained on 5/8" sieve..................................................................................0 Retained on 1/2" sieve..........................................................................0- 5 Retained on 3/8" sieve............................................................................20- 45 Retained on #4 sieve..............................................................................85 - 100 Retained on #10 sieve............................................................95 - 100 1 Aggregate grading (TxDOT #5 Crushed Gravel, or Crushed Stone). Percent by Weight Retained on 1 /2" sieve.....................................................................................0 Retained on 3/8" sieve.............................................................................0- 5 Retained on #4 sieve............................................................................40 - 85 Retained on #20 sieve...........................................................................99 100 8.28 Stockpiles The location of all stockpiles of aggregate shall be approved by the Street Superintendent prior to unloading. The percent of flat or elongated slivers of stone or gravel for any course shall not exceed 25%, when tested in accordance with Test Method Tex 224-F. The amount of organic matter, clays, loarns, or particles coated therewith or other undesirable materials, when washed over the #10 sieve, shall not exceed 2 percent. The City of Lubbock Pavement Management Laboratory test results shall be the sole consideration for approval of materials, mix designs, and adequacy of procedures. The results of such testing shall be evaluated and final approval given by the Street Superintendent. Final acceptance of the aggregate shall be made only AFTER the material is in stockpile in the City of Lubbock. Care shall be taken in loading aggregate from the stockpiles to prevent getting dirt and other foreign matter into aggregates. Loads of aggregate containing dirt will be rejected. 8.29 Application of Rock Immediately after making the first application of asphalt, the surface shall be covered with aggregate, spread with an approved type self-propelled aggregate spreader on which the rate of application of rock L! and the speed of travel may be controlled by the operator. Applications shall be at the rates herein specified or at rates as directed by the Street Superintendent. After the aggregate has been spread, it shall be bladed with an approved blade grader and "bullwheeled" with an approved three -wheeled roller weighing not less than ten (10) tons. If necessary to obtain a uniform distribution of aggregate or to fill J low areas, hand spotting and hand brooming of the aggregate shall be required. Care shall be taken in dip sections to maintain an accurate flow line. Considerable hand work may be required at intersections and at joints in order to maintain a uniform distribution of the aggregate, and to prevent the incorporation of foreign materials such as caliche and dirt. After the first and second application of aggregate on the two -course, it will be thoroughly rolled with pneumatic rollers, bladed, dragged and all thin spots spotted with extra aggregate, then rolled with an approved three -wheeled roller weighing not less than ten (1 0) tons. Rolling shall be continued until the surface presents a smooth appearance. 1 Gutter edges shall be cleansed of aggregate before such application of asphalt and this aggregate will not be "ridged" along the gutter edge but if placed back on the surface area shall be well scattered. There should be a slight excess of aggregate on the surface after completion of the work specified above. Care shall be taken in loading aggregate from the stockpiles to prevent getting dirt and other foreign matter into aggregates. Loads of aggregate containing dirt will be rejected. Immediately after making the first application of asphalt, the surface shall be covered with aggregate, spread with an approved type self-propelled aggregate spreader on which the rate of application of rock and the speed of travel may be controlled by the operator. Applications shall be at the rates herein specified or at rates as directed by the Street Superintendent. After the aggregate has been spread, it shall be bladed with an approved blade grader and "bullwheeled" with an approved three -wheeled roller weighing not less than ten (10) tons. If necessary to obtain a uniform distribution of aggregate or to fill low areas, hand spotting and hand brooming of the aggregate shall be required. Care shall be taken in dip sections to maintain an accurate flow line. Considerable hand work may be required at intersections and at joints in order to maintain a uniform distribution of the aggregate, and to prevent the incorporation of foreign materials such as caliche and dirt. Gutter edges shall be cleansed of aggregate before such application of asphalt and this aggregate will not be "ridged" along the gutter edge but if placed back on the surface area shall be well scattered. There should be a slight excess of aggregate on the surface after completion of the work specified above. 8.30 Renuired Rollins The completed asphalt surface shall be broomed and rolled with pneumatic rollers immediately after the asphalt is covered with aggregate. The entire surface that is sealed will receive one hour rolling for each 1000 S.Y., the same day that the asphalt is applied. No back rolling will be permitted (unless a rain storm occurs during the day then that surface may be rolled the next day). The City will assume maintenance on these streets the following day after the rolling has been completed. 8.31 Nisht Work Application of asphalt and aggregate at night shall be applied by the same methods as for daylight application, except that all equipment that is to be used on the street after dark shall have sufficient lights in compliance with State vehicle code. Additional lights will be required on the back end of the asphalt distributor, the aggregate spreader and at the aggregate stock pile area. No night work will be authorized unless approved by the Street Superintendent. 1 8.32 Patching Ahead of Seal Coat or Two Course Maintenance ASB, two sack flowable till, HMAC material, and concrete to be used in patching ahead of the seal coat or two -course maintenance shall be used at locations as directed by the Street Superintendent. No substitutions shall be permitted without prior approval from the Street Superintendent. The areas to be patched shall be marked and measured by the Street Superintendent's representatives. The area to be patched shall be barricaded, according to Texas Manuel for Uniform Control Devices, at all times during patching operations; however, if the Street Superintendent permits, the patched area may be opened to traffic prior to placing the final hot -mix surface. In that event, the Contractor shall taper the edges of the patch with mix to minimize any bumps or inconvenience to traffic. 8.33 Patching With Asphalt Stabilized Base (ASB) Patching shall include removing the existing surfacing, either three (3), six (6), or nine (9) inches of the existing base and subgrade (as the Street Superintendent directs), and, if the sub -grade is unstable, it will be removed and replaced with ASB. The excavated base will then be replaced with asphalt stabilized base material (either three (3), six (6), or nine (9) inches), as directed by the Street Superintendent, and compacted to 95% of lab density. After the base material has cooled sufficiently, the surface course of hot mix shall then be placed and rolled until the required density is obtained. The edges of the patch shall be vertical and shall be tacked before placing the black base and the 1-1/2 inches of hot -mix. All hot -mix edges will meet the grade of the existing surface. 8.34 Patching With Six Inches of Two Sack Cement Flowable Fill . Same as 8.33 above except six (6) inches oftwo (2) sack cement flowable fill will be used instead of six (6) inches of ASB. At all times the patching area will be barricaded according to Texas MUTCD. If open to traffic before the hot mix is placed, the edges ofthe patch will be leveled up with mix to minimize bumps. U NOTE: Both ASB and two sack flowable fill are anticipated being used, with locations of each type of material to be directed by the Street Superintendent. i 8.35 Patching With One and One Half Inches of Hot Mix Asphalt Concrete (HMAC) Same as patching with ASB except only the existing asphalt surface will be removed. 8.36 Curb*and Gutter Patching Patching shall include removing the existing curb and gutter and replacing with the proper 3_� configuration (24 or 32 inch), as directed by the Street Superintendent. 8.37 Vallev Gutter Construction The construction of new valley gutter shall inc!ude removing the existing surfacing and replacing with 8 inches of steel reinforced concrete, at locations as directed by the Street Superintendent. 8.38 Asphalt Concrete Milling This item consists of removing 1 "- 2" (or as the Street Superintendent directs) ofthe existing asphaltic concrete surface and replacing it with either a single course seal coat, a two course seal coat, or hot mix (as the Street Superintendent directs). The material removed from the milled surface will remain the property of the City of Lubbock, and shall be stockpiled at a location as directed by the Street Superintendent. The edges of the patch shall be vertical and shall be tacked before placing hot mix. The hot mix edges will meet the grade of the existing surface. 8.39 Herbicides Prior to the sealing operation, an approved herbicide shall be applied to the areas of the streets to be sealed where weeds and grass are growing. This application shall be done far enough in advance, and at a rate, to insure the vegetation has carried the herbicide to the roots of the plants before the application of the asphalt and rock. Locations shall be as directed by the Street Superintendent. The herbicide to be applied shall be a biodegradable surface acting liquid, such as "Roundup" or an approved equivalent. Unless otherwise directed by the Street Superintendent, a soil sterilent shall not be used. 8.40 Cleanup Immediately after each application of asphalt, the Contractor shall clean, remove paper, piles of asphalt from manholes and water valves, extra aggregate that is in the gutter, rubbish and temporary structures from the street, restore in an acceptable manner all property, both public and private, which has been damaged during the prosecution of the work, and leave the site of the work in a neat and presentable condition throughout. The cost of the "cleanup" shall be included as part of the cost of the various items of work involved, and no direct compensation will be made for this work. The contractor will responsible for sweeping the street (back dragging) the rock collected form sweeping will be returned to the City of Lubbock old landfill (8425 North Ave P) or at locations as directed by the Street Superintendent. The contractor will be responsible for any areas that are bleeding, and will be required sand the street until bleeding has stopped. This work shall be done before tinal acceptance. 1 8.41 Measurement and Payment The unit price bid for all bid items shall include furnishing and installing all materials, excavation, tilling, backfilling, reinforcement, forming, finishing, joint cutting, joint sealing, and all incidentals necessary to complete the work, except as otherwise specified, necessary or incidental to complete the various items of work in accordance with the plans and specifications. Bid document quantities are estimated. Payment will be made only for the actual in place constructed quantities of each bid item. Cost of work or materials shown on the plans or called for in the specifications and for which no bid item is indicated shall be considered subsidiary to the various bid items. No separate payment shall be made for such subsidiary work or materials. Payment will not be made for any item that is not complete, including all associated incidental work. u No Text Page Intentionally Left Blank