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Resolution - 2011-R0125 - Contract - Allen Butler Construction Inc.- East 3Rd - 03_22_2011 (2)
ition No. 2011-RO125 22, 2011 Jo. 5.8 RESOLUTION ,ESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and to execute for and on behalf of the City of Lubbock, Contract No. 9999 for construction of East 3`d Place, Holly Avenue, Ironwood Avenue and June Avenue per Bid No. 11-9999-FO, by and between the City of Lubbock and Allen Butler Construction, Inc., of Ransom Canyon, Texas, and related documents. Said Contract is attached hereto and incorporated in this resolution as if fully set forth herein and shall be included in the minutes of the City Council. Passed by the City Council this March 22, 2011 TOM MARTIN, MAYOR ATTEST: Q-4�� --97C 'Reber Garza, City Secretary APPROVED AS TO CONTENT: Marsha Deed, Chief Operations Officer APPROVED AS TO FOF.M: Chad Weaver, Assistant City Attorney sj/ccdocs/Chad/Aesolutions/RES.Contract-Allen Butler Construction, Inc. BOND CHXCK BEST RATING LICENY IN T XAS DATE 1 � BY:_-i CONTRACT AWARD DATE CITY OF LUBBOCK SPECIFICATIONS FOR Construction of East 3`d Place, Holly Avenue, Ironwood Avenue, and June Avenue ITB 11-9999-FO CONTRACT # 9999 PROJECT NUMBER: 9259 a�, Y 4, a Al 1 I b ofk lu TEXAS CONTRACT PREPARED BY: PURCHASING AND CONTRACT MANAGEMENT OFFICE I .......... .. . Contractor Checklist �T The contractor is only to submit (1) one original copy of every item listed. 1. Z Carehilly 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 finn's FEDERAL TAX ID number or Owner's SOCIAL SECURITY number. 2. Include BID BOND or CASHIER'S OR CERTIFIED CHECK as your bid surety. Failure to provide a bid surety WILL result in automatic rejection of your bid. 3. ✓ Complete and sign the CITY OF LUBBOCK INSURANCE REQUIREMENT AFFIDAVIT. This must include the signature of the agent or broker. Contractor's signature must be original. 4. Clearly mark the bid number, title, due date and time and your company name and address / on the outside of the envelope or container. 5. if 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 submit the CONTRACTORS STATEMENT OF QUALIFICATIONS. .7. Complete and sign the SAFETY RECORD QUESTIONNAIRE. All "YES" responses must be explained in detail and submitted with Bid. 8. Complete and sign the SUSPENSION AND DEBARMENT CERTIFICATION. Include firm's FEDERAL TAX ID number or Owner's SOCIAL SECURITY uunther. 9. Complete and submit the LIST OF SUB -CONTRACTORS. 10. Complete and sign the Buy American Certification DOCUMENTS REQUIRED WITHIN SEVEN BUSINESS DAYS AFTER CLOSING: it. 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. ("Type or Print Company Name) ' INDEX t L lil 1. NOTICE TO BIDDERS ` 2. GENERAL INSTRUCTIONS TO BIDDERS ( '} 4, 3. BID SUBMITTAL — (must be submitted by published due date & time) 3-1. UNIT PRICE BID SUBMITTAL FORM �. 3-2. CITY OF LUBBOCK INSURANCE REQUIREMENT AFFIDAVIT ' 3-3. CONTRACTORS STATEMENT OF QUALIFICATIONS r 3-4. SAFETY RECORD QUESTIONNAIRE 3-5. SUSPENSION AND DEBARMENT CERTIFICATION 3-6. BUY AMERICAN CERTIFICATION 4. LIST OF SUB -CONTRACTORS { I t^+ 5. PAYMENT BOND 6. PERFORMANCE BOND 7. CERTIFICATE OF INSURANCE 8. CONTRACT i 9. GENERAL CONDITIONS OF THE AGREEMENT .. 10. DAVIS BACON WAGE DETERMINATIONS 11. SPECIAL CONDITIONS (IF APPLICABLE) 12. SPECIFICATIONS C �.i s if 3 NOTICE TO BIDDERS ITB 11-9999-FO The Contractor acknowledges to and for the benefit of the City of Lubbock ("HUD grantee") that it understands the goods and services under this Agreement are being funded with monies made available by the American Reinvestment and Recovery Act of 2009 (Recovery Act) (or are being made available for a project being funded with monies made available by the Recovery Act) and section 1605 of such law contains provisions commonly known as "Buy American." The Buy American requirement prohibits the use of Recovery Act funds for a project for the construction, alteration, maintenance, or repair of a public building or public work unless all of the iron, steel, and manufactured goods used in the project are produced in the United States (`Buy American requirement") including iron, steel, and manufactured goods provided by the Contractor pursuant to this Agreement. The Contractor hereby represents and warrants to and for the benefit of the HUD grantee that (a) the Contractor has reviewed and understands the Buy American requirement, (b) all of the iron, steel, and manufactured goods used in the project will be and/or have been produced in the United States in a manner that complies with the Buy American requirement, unless an exception to the requirement is approved, and (c) the Contractor will provide any further verified information, certification or assurance of compliance with this paragraph, or information necessary to support an exception to the Buy American requirement, as may be requested by the HUD grantee or HUD. Notwithstanding any other provision of this Agreement, any failure to comply with this paragraph by the Contractor shall permit the HUD grantee to recover as damages against the Contractor any loss, expense or cost (including without limitation attorney's fees) incurred by the HUD grantee resulting from any such failure (including without limitation any impairment or loss of funding, whether in whole or in part from HUD). Neither this paragraph (nor any provision of this Agreement necessary to give this paragraph force or effect) shall be amended or waived without the prior written consent of the HUD grantee. 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 2:00 P.M. on March 8, 2011 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: Construction of East 3rd Place, Holly Avenue, Ironwood Avenue, and June Avenue 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 written. Bids are due at 2:00 P.M. on March 8, 2011, and the City of Lubbock City Council will consider the bids on March 24, 2011 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 t o 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 4 �, be issued by a company carrying a current Best Rating of "A" or better. THE BONDS MUST IN �- A FORM ACCEPTABLE TO THE CITY ATTORNEY AND MUST BE DATED THE SAME j DATE THAT THE CONTRACT WAS AWARDED. 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. THE ESTIMATED BUDGET FOR THE CONSTRUCTION OF THIS PROJECT IS $360,000 THOUSAND. 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 February 23, 2011 at 10:00 A.M. in the Purchasing Conference Room 204, Lubbock, Texas. I ICopies of plans and specifications may be obtained at bidder's expense from the City of Lubbock Purchasing and Contract Management office. Plans and specifications can be viewed online and downloaded from WWW.BIDSYNC.COM at no cost. In the event of a large file size, please be patient when downloading or viewing. BUSINESSES WITHOUT INTERNET ACCESS may use computers available at most public libraries. 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 spec;fically 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 Marta .Alvarez DIRECTOR OF PURCHASING AND CONTRACT MANAGEMENT GENERAL INSTRUCTIONS TO BIDDERS r BID DELIVERY TIME & DATE 1.1 The City of Lubbock is seeking written and sealed competitive bids to furnish Construction of East 3rd Place, Holly Avenue, Ironwood Avenue, and June Avenue per the attached specifications and contract documents. Sealed bids will be received no later than 2:00 P.M. on March 8, 2011 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 corner: "ITB #11-9999- FO, Construction of East 3rd Place, Holly Avenue, Ironwood Avenue, and June Avenue 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, Texas79401 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 (ITB) documents, a non- mandatory nre-bid meetine will be held as stated under the "NOTICE TO BIDDERS." 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 3.1 Any changes, additions, or clarifications to the ITB are made by ADDENDA information available over the Internet at www.bidsync.com. We strongly suggest that you check for any addenda a minimum of forty-eight hours in advance of the response deadline. BUSINESSES WITHOUT INTERNET ACCESS may use computers available at most u� blic 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 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 1 by the Purchasing and Contract Management Office. Such addenda issued by the Purchasing and ContractManagementManagement Office will be available over the Internet at www.bidsync.com and 'will become part of the bid package having the same binding effect as provisions of the original ITB. NO VERBAL EXPLANATIONS OR INTERPRETATIONS WILL BE BINDING. In order to have a request for interpretation considered, the request must be submitted in writing and must be 6 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. ff 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 1 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 w documents, shall be given to the Purchasing and Contract Management Office and a 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. �¢ 5 BID PREPARATION COSTS 5.1 Issuance of this ITB does not commit the City of Lubbock, in any way, to pay any costs incurred in the preparation and submission of a bid. 5.2 The issuance of this ITB does not obligate the City of Lubbock to enter into contract for any services or equipment. 5.3 All costs related to the preparation and submission of a bid shall be paid by the bidder. 6 TRADE SECRETS CONFIDENTIAL INFORMATION AND THE TEXAS PUBLIC INFORMATION ACT 6.1 If you consider any portion of your bid to be privileged or confidential by statute or judicial decision, including trade secrets and commercial or financial information, clearly identify those portions. i. 6.2 The City of Lubbock will honor your notations of trade secrets and confidential information and decline to release such information initially, but please note that the final determination of whether a particular portion of your bid is in fact a trade secret or commercial or financial information that may be withheld from public inspection will be made by the Texas Attorney General or a court of competent jurisdiction. In the event a public information request is received for a portion of your bid that you have marked as being confidential information, you will be notified of such request and you will be required to justify your legal position in writing to the 7 7 Z 10 11 12 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 j of the Government Code and Section 252.049 of the Local Government Code, then such information will be made available to the requester. 6.3 Marking your entire bid CONFIDENTIAL/PROPRIETARY is not in conformance with the Texas Open Records Act. 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. , 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. 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. 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. BIDDER MUIRIES AND CLARIFICATION OF REQUIREMENTS 12.1 It is the intent and purpose of the City of Lubbock that this request permit competitive bids. It shall be the bidder's responsibility to advise the Purchasing and Contract Management Office if any language, requirements, etc., or any combinations thereof, inadvertently restricts or limits the requirements stated in this ITB to a single source. Such notification must be submitted in writing and must be received by the City of Lubbock Purchasing and Contract Management Office no later than five (5) calendar days before the bid closing date. A review of such notifications will be made. 12.2 NO BIDDER SHALL REQUEST ANY INFORMATION VERBALLY. ALL REQUESTS FOR ADDITIONAL INFORMATION OR CLARIFICATION CONCERNING THIS INVITATION TO BID (ITB) MUST BE SUBMITTED IN WRITING NO LATER THAN FIVE (5) CALENDAR DAYS PRIOR TO THE BID CLOSING DATE AND ADDRESSED TO: Felix Orta, Senior Buyer City of Lubbock Purchasing and Contract Management Office 1625 13`h Street, Room 204 Lubbock, Texas 79401 Fax: 806-775-2164 Email: FOrta@mylubbock.us Bidsync: www.bidsvnc.com 13 TIME AND ORDER FOR COMPLETION 13.1 The construction covered by the contract documents shall be substantially completed within as 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 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 y or in combination, as the case may be from the effective date of this Contract. Also, the Contractor warrants calculations will be recognized and accommodated and will not, in any way, result in hardware, software or firmware failure. The City of Lubbock, at its sole option, may DOCUMENTS INCLUDING WORKERS COMPENSATION COVERAGE FOR EACH SUBCONTRACTOR THE ADDITIONAL INSURED ENDORSEMENT SHALL INCLUDE PRODUCTS 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 immediately commence work, regardless of the day of the week or the time of day, to correct or a alleviate such condition so that it is no longer dangerous to property or life. 27 PAYMENT OF EMPLOYEES AND FILING OF PAYROLLS The contractor and each of his subcontractors shall pay each of his employees engaged in work on the project under this contract in full (less mandatory legal deductions) in cash, or by check readily cashable without discount, not less often than once each week. The Contractor and each of his subcontractors shall keep a record showing the name and occupation of each worker employed by the Contractor or subcontractor in the construction of the public work and the actual per diem wages paid to each worker. This record shall be open at all reasonable hours to inspection by the officers and agents of the City. The Contractor must classify employees according to one of the classifications set forth in the schedule of general prevailing rate of per diem wages, which schedule is included in the contract documents. The Contractor shall forfeit as a penalty to the City of Lubbock on whose behalf this contract is made, sixty dollars for each laborer, workman, or mechanic employed for each calendar day, or portion thereof, such laborer, workman or mechanic is paid less than the wages assigned to his particular classification as set forth in the schedule of general prevailing rate of per diem wages included in these contract documents 28 PROVISIONS CONCERNING ESCALATION CLAUSES 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 r 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 Number and Title. 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. G) 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 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 13 32 33 bidder is properly qualified to carry out the obligations of the contract and to complete the work described therein. Evaluation of the bidder's qualifications shall include: (a) The ability, capacity, skill, and financial resources to perform the work or provide the service required. (b) The ability of the bidder to perform the work or provide the service promptly or within the time specified, without delay or interference. (c) The character, integrity, reputation, judgment, experience, and efficiency of the bidder. (d) The quality of performance of previous contracts or services. (e) The safety record of the Contractor and proposed Sub -Contractors Before contract award, the recommended contractor for this project may be required to show that he has experience with similar projects that require the Contractor to plan his work efforts and equipment needs with City of Lubbock specifications in mind. Demonstration of experience shall include a complete list of ALL similar municipal and similar non -municipal current and completed projects for the past three (3) years for review. This list shall include the names of supervisors and type of equipment used to perform work on these projects. In addition, the Contractor maybe 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. 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 22 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 3 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. E ANTI -LOBBYING PROVISION 33.1 DURING THE PERIOD BETWEEN THE BID CLOSE DATE AND THE CONTRACT �E AWARD, BIDDERS, INCLUDING THEIR AGENTS AND REPRESENTATIVES, SHALL NOT DIRECTLY DISCUSS OR PROMOTE THEIR BID WITH ANY 14 . _f MEMBER OF THE LUBBOCK CITY COUNCIL OR CITY STAFF EXCEPT IN THE f 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: hLtp://www.gpo.gov/davisbacon/allstates.html 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 $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 1_ ,�..__ . , ._..� .,.,.,, ..... _ _ .TM,.. ,.��__,.� _... �. � ...�. BID SUBMITTAL FORM 1 0 BID SUBMITTAL FORINI UNIT PRICE BID CONTRACT DATE: '3- 8 Z_-) 0 t 1 PROJECT NUMBER: 11-9999-FO- Construction of East 3rd Place, Holly Avenue, Ironwood Avenue, and June Avenue r� Bid of_AlleeJ 1 04k,- f .� _� (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 Construction of East 3rd Place, Holly Avenue, ironwood Avenue, and June Avenue, 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 Iabor, 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 for►ns, for performing and completing the said work within the time stated and for the prices stated below. `f BASE BID: ITEM DESCRIPTION UNIT ESTIMATED UNIT PRICE EXTENDED NO. QUANTITY AMOUNT Standard City of Lubbock asphalt paving, Type "D", including I %z" HMAC, 6" caliche base, and all subgrade preparation, removal of 1 existing material, earthwork, and all necessary SY 11,800 $6 �OLl $ 3�, `i7�q0- incidentals to complete the work, furnished and installed, complete and in -place, per square yard. Standard 24" curb and gutter, City of Lubbock Class A concrete, including all subgrade 2 preparation and jointing, and all necessary LF 6,500 $ $ incidentals to complete the work, furnished and installed, complete and in place, per linear foot. 6" Portland cement concrete paving, City of Lubbock Class B concrete, used in fillets, valley gutters, and alley returns including all subgrade preparation, curbing, reinforcement, ao _ asp 3 jointing and sealing, doweling, and all necessary SY 460 $ 3 incidentals to complete the work, furnished and installed, complete and in place, per square yard. an 4" Portland Cement Concrete paving, City of Lubbock Class A concrete, used in standard City of Lubbock driveways and sidewalk, 4 including all subgrade preparation, curbing, SY 50 _ $ k $ �� reinforcement, jointing and sealing, and all necessary incidentals to complete the work, furnished and installed, complete and in place, per square yard. 1 Two -sack cement flowable fill to be used in d 0 0� 5 asphalt patch and as directed by engineer CY 100 S "7a furnished and installed, per cubic yard Asphalt paving Type "D" 1 1I2" HMAC to be used on flowable fill located above utilities, and 6 all necessary incidentals to complete the work, SY 400 $ $ 333oa furnished and installed, complete and in place, per square yard. Remove and legally dispose of existing curb and 7 gutter, including any remaining miscellaneous a LF 20 S � ' � $ 100� concrete, and all necessary incidentals to complete the work, per linear foot Remove and legally dispose of existing concrete slabs, including fillets and valley gutters, existing S driveways, sidewalks, and alley approaches SY 90 $ including integral curbing, steel, sawing, and all necessary incidentals to complete the work, complete, and in place, per square yard. Removal of existing asphalt surface (caliche base to be reused for fill),including legal 150 610 00 9 disposal of materials, and all necessary SY $ J` $ f 5 0, incidentals to complete the work, per square yard. Remove and relocate existing traffic signs (small), including supplying poles, slip bases, `� 10 legal disposal of existing materials, and all EA 2 $ �cxt°© $ tiro' necessary incidentals and materials to complete the work, per each. Water valves adjustment, compete and in -place, 11 per each valve deemed necessary for relocation EA 6 00 $ tpry $ _� by representative designated by en ineer. Manhole adjustment, complete and in -place, per 12 each manhole deemed necessary for relocation EA 4 co $ 5-W $ a, av by representative designated by engineer Remove and replace existing mailbox in accordance with ITEM 560 MAILBOX 13 ASSEMBLIES in TXDOT Standard I EA 5 $ Jod'()O $ Uc 00 Specifications, including removal, relocations, mailbox assembly, and all necessary incidentals to complete the work, per each. Remove and replace or remove and relocate existing brick mailbox. Relocation or o E {4 replacement must match the mailbox in its EA 1'�J Cry current condition, including removal, relocation, brick, mailbox assembly, and all necessary incidentals to complete the work, per each.__ 3 ■ Remove and legally dispose of existing trees, 15 including sawing,pulling, backfill, and all EA G �i� 00, necessary incidentals to complete the work, per each Fill material used in alleys and driveways as shown on the plans, shall meet Item 4.1 Flexible 16 Base in the Standard Specifications, including CY 30 $ (� (' supplying material, compaction, and all other �!`� necessary incidentals to complete the work, per cubic yard. Earthwork excavation at ditches, alleys, and driveways to the grades shown on the plans, 0o CIO 17 including proof rolling, removal, legal disposal CY 40 $ Lia $ 1(080- of, and all necessary incidentals to complete the work, per cubic y2rd. Parallel ADA ramps shown on the plans, including concrete, 2 ramps, landing, curbing, 0,0 18 reinforcement, surface applied material, EA I$ $ LIsS N subgrade preparation, and all necessary incidentals to complete the work, per each. Double ADA ramps shown on the plans, including concrete, 2 ramps, 2 landings, 00 19 wingwalls, curbing, reinforcement, surface EA I $ YNO, $�, applied material, subgrade preparation, and all necessary incidentals to complete the work, per each. Typical ADA ramps shown on the plans, including concrete, ramp, landing, wingwalls, 20 curbing, reinforcement, surface applied EA 4 $ 00 material, subgrade preparation, and all necessary incidentals to complete the work, per each. Storm Water Pollution Prevention Plan, including Storm Water Review application Storm Water Pollution Prevention Plan, posting construction 21 site notice, inspections, record kee mb LS i v $ * 00 $ �, ` ►� maintenance, sit fences, hay bales, sand bags, diversion swales and any other measures and/or incidentals required for compliance with TPDES pennit. w Traffic Control, including traffic control plan submittal, temporary barricades, signage, traffic 22 handling and other traffic control devices, MQ 4 $ Lijacts, $ `]� lbt' furnished and installed, complete and in -place, per month. TOTAL BASE BID, ITEMS (1-22) _ $ j 691,E-73� 00 (In case of a discrepancy between the Unit Price and the extended total for a hid item, the unit price will be taken.) 4 1 , 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 t0 Proceed" of the Owner and to substantially complete the project within 68 (SIXTY EIGHT) WORKING DAYS thereafter as stipulated in the specifications and other contract documents. Bidder hereby further agrees to pay to Owner as liquidated damages the sum of $60(SIXTY) for each working day in excess of the time set forth herein above for completion of this project, all as more fully set forth in the general conditions of the contract documents. Bidder understands and agrees that this bid submittal shall be completed and submitted in accordance with instruction number 29 of the General Instructions to Bidders. Bidder understands that the Owner reserves the right to reject any or all bids and to waive any formality in the bidding. The Bidder agrees that this bid shall be good and may not be withdrawn for a period of THIRTY (30) calendar days after the scheduled closing time for receiving bids. The undersigned Bidder hereby declares that he has visited the site of the work and has carefully examined the plans, specifications and contract documents pertaining to the work covered by this bid, and he further agrees to commence work on or before the date specified in the written notice to proceed, and to substantially complete the work on which he has bid; as provided in the contract documents. Bidders are required, whether or not a payment or performance bond is required, to submit a cashier's check or certified check issued by a bank satisfactory to the City of Lubbock, or a bid bond from a reliable surety company, payable without recourse to the order of the City of Lubbock in an amount not less than five percent (5%) of the total amount of the bid submitted as a guarantee that bidder will enter into a contract, obtain all required insurance policies, and execute all necessary bonds (if required) within ten (10) business days after notice of award of the contract to him J, 1, > Bidder's Initials Enclosed with this bid is a Cashier's Check or Certified Check for Dollars ($ ) or a Bid Bond in the sum of� Dollars ($ ), which Ati _ 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. r- 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. (Seat if Bidder is a Corporation) ATTEST: Secretary Bidder acknowledges receipt of the following addenda: Date: 3-i?' 00" Authorized Signature (Printed or Typed Name) Company `je�)ddress (�C0.1�JCP�rt•l �.CNty7`.iri✓� J � O �t�� City, tf County `('e-x °` - - `7q (4-2.3 State Zip Code Telephone: bit; - "7 `f-s =7't W Fax: 80�> Addenda No. Date—, FEDERAL TAX ID or SOCIAL SECURITY No. Addenda No. Date A i9s Addenda No. Date Addenda No. ^ Date EMAIL L')iW<#-*- M/WBE Firm: Woman Black American Native American Hispanic American Asian Pacific American Other (Specify) ■ Bid Bond Surety Department KNOW ALL THEN BY THESE PRESENTS, That we, Allen Butler Construction, Inc., as Principal, hereinafter called the Principal, and the Liberty Mutual Insurance Company, a Corporation created and existing under the laws of the State of Massachusetts, whose principal office is in Boston, MA, as Surety, hereinafter called the Surety, are held and firmly bound unto the City of Lubbock, Texas, as Obligee, hereinafter called the Obligee, in the sum of Five percent (5%) of the greatest amount bid dollars ($--------- -), for the payment of which sum, well and truly to be made, die said Principal and the said Surety, bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. Whereas, the Principal has submitted a bid for IT$-9999-FO, Construction of East 3rd Place, Holly Ave. Ironwood Ave, and Jane Ave. NOW THEREFORE, if the Obligee shall accept the bid of the Principal and the Principal shall enter into a contract with the Obligee in accordance with the terms of such bid, and give such bond or bonds as may be specified in the bidding or contract documents with good and sufficient surety for the faithful performance of such contract and for the prompt payment of labor and material furnished in the prosecution thereof, or in the event of the failure of the Principal to enter such contract and give such bond or bonds, if the Principal shall pay to the Obligee the difference not to exceed the penalty hereof between the amount specified in said bid and such larger amount for which the Obligee may in good faith contract with another party to perform the work covered by said bid, then this obligation shall be null and void, otherwise to remain in full force and effect. Signed and sealed this Sth day of March, 2011. Attest: Allen Butler Construction, Inc. (Principal) By: � � By -14A (SE1AL) Witness: Fonyi S -3266-4, Printed in U.S.A. 12-70 Liberty Mutual Insurance (SEAL) LJ ................. ......... .. A I 2717820 THIS POWER OF ATTORNEY IS NOT VALID UNLESS IT IS PRINTED ON RED BACKGROUND. This Power of Attorney limits the acts of those named herein, and they have no authority to bind the Company except in the manner and to the extent herein stated, LIBERTY MUTUAL INSURANCE COMPANY BOSTON,MASSACHUSETTS POWER OF ATTORNEY KNOW ALL PERSONS BY THESE PRESENTS: That Liberty Mutual Insurance Company (the 'Company'), a Massachusetts stock insurance company, pursuant to and by authority of the By-law and Authorization hereinafter set forth, does hereby name, constitute and appoint TRACY TUCKER, TOBINTUCKER, W. LAWRENCE BROWN, KEVIN J. DUNN, ALL OF THE CITY OF F7 WORTH, STATEOF TEXAS ............ ................. ....:....... .......................... .................................................... ............................................................................................................................................................................................... each individually if there be more than one named, its true and lawful attorhsy-in-fact to iriake, execute, seal, acknowledge and deliver, for and on its behalf as surety and as its act and deed, an�y.and all undertakings, bonds, recogntzances and other surety obliggations in the penal sum not exceeding FIFTY MILLION AND 001100*�'*"*`** *' *'** ` . DOLLARS $ 50 000 000.00.—I ( ) each, and the execution of such undertakings, bonds, recogntzances and other surety obligations, la pursuance of these presents, shall be as binding upon the Company as if they had been duty signed by the president and attested by the secretary of the Company -in their own proper persons. That this power is made and executed pursuant to and by authority of the following By-law and Authorzation: ARTICLE XIII - Execution of Contracts: Section 5. Surety Bonds and Undertakings. Any officer of the Company authorized for that purpose in writing by the chairman or the president, and subject to such limitations as the chairman or the president may prescribe, shell appoint such attorneys -in -fact, as may be necessary to act In behalf of the Company to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recogntzances and other surety obligations. Such attomeys-in-fact, subject to the limitations set forth in their respective powers of attorney, shall have full power to bind the Company by their signature and execution of any such instruments and to attach thereto the seal of the Company. When so executed such Instruments shall be as binding as if signed by the president and attested by the secretary. By the following instrument the chairman or the president has authorized the officer or other official named therein to appoint attorneys -in -fact; Pursuant to Article XIII, Section 5 of the By -Laws, Garnet W. Elliott, Assistant Secretary of Liberty Mutual insurance Company, is hereby authorized to appoint such attomeys-in-fact as may be necessary to act in behalf of the Company to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. w d) That the By-law and the Authorization set forth above are true copies thereof and are now in full force and effect. O— IN WITNESS WHEREOF, this Power of Attorney has been subscribed by an authorized officer or official of the Company and the corporate seal of —w Liberty Mutual Insurance Company has been affixed thereto in Plymouth Meeting, Pennsylvania this 1 Sth day of December _ 2009 c " � O LIBERTY MUTUAL INSURANCE COMPANY C R L Garnet W. Elliott, Assistant Secretary COMMONWEALTH OFPENNSYLVANIA ss 0 m . COUNTY OF MONTGOMERY m L C On this 18th day of December 2009 , before me, a Notary Public, personally came Garnet W. Ell , to me known, and acknowledged C that he is an Assistant Secretary of Liberty Mutual insurance Company; that he knows the seal of said corporation; and that he executed the above Gi Power of Attorney and affixed the corporate seal of Liberty Mutual Insurance Company thereto with the authority and at the direction of said corporation. IN TESTIMONY W {J b@unto subscribed my name and affixed my notarial seal at Plymouth Meeting, Pennsylvania, on the day and year IN above written. tt � �° i' -. .� �i' CGtAMONKALTiior P3 NSS'."iVANia f tit= 7er553F��A3. �idrfr.�Ft j By t xtyconrtis..rto>rAar�ez.6.ania i Ter saPastella,NotaryPublic CERTIFICATE' 1, the undersigned, Assists ecretary of11b'erty Mutual Insurance 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 effect on the date of this-.cerfificate; and I do further certify that the officer or official who executed the said power of attorney is an Assistant Secretary specially authotized.by the -chairman or the president to appoifit attomeys-in-fact as provided in Article XIII, Section 5 of the By -taws of Liberty Mutual Insurance Company. This certificate and the above power of attorney may be signed by facsimile or mechanically reproduced signatures under and by- authority of the following vote of the board of directors of Liberty Mutual Insurance Company at a meeting duly called and held on the 12th day of Match, t 980. VOTED that the facsimile or mechanically reproduced signature of any ass€stant-.sectatary of the company, wherever appearing upon a certified copy of any power of attorney issued by the company In connection with -stir( t}y fonds, shall be valid and binding upon the company with the same force and affect as though manually affixed. .4 ESTIMONY WHEREOF ha ,e hereunto subscribed my name and affixed the corporate SDI of the SIN cdrnpany, this day of Da�Q Im. are Assi. "t Secrete ry a CITY OF LUBBOCK LA URt ANCE REQIJ'> ItE1V M AF1"MAVIT To Be Caampleted by Bidder an4 Agent Mmt be sutsra Wed with Bud I, the traders pxd Bidder, certify that the Wswum r tW=tg contained m this bid dement have beast reviewed by me with the below 4detttified Insurm= AVnt/Bwker. If I am awarded this contract by the City of Lubbock, I will be able to, within teat (10) brtimm clays after berg notified of such award by the City of Lubbock, ibntUh a valid int,•strattee certificate to tho City meeting all of the requirenwats defimed in this bid. Con t'at:tor (Original Sipatuee) Contraetor (I'riut COIF TRACrOR'S FIRM NAME- Allen Butler construction, inc. (Print or 7pc) CONTRACTOR! S FIIIM ADDRESS: 24 South Lakeshore drive Ranson Canyon, TX 79366 Name ofAgenUBwker. Joseph Clayburne for IBTX Risk ServicQo Agent I Brooker (SiguWre) AddressofAgenvBrokcr. 8701 Bedford L'uless Rd, Ste 450 City/sufat zip. Hurst, TX 76053 AgeaMroker Teleltone Numb= ( 81.7 1 299-3890 Date. 03 / 0 4/ 2011 NOTE TO CONTRACTOR If the time requirement specM ed above is not root, the City has the riot to -eject this bid and award the contract to another contrader. If You have any quatbm oncerning tbm regvfrementa, plem eofiftet the Purehaft *nd (tie for the 9 of Lubbock at S 775iSyZ. BID # l i- 9 F0- Corrssru of t 3rd Place, HoVy Avsnves Ironwood Avam, and June Avcnua i BUY AMERICAN PREFERENCES The American Recovery and Reinvestment Act of 2009, Pub. L. 111-5, (Recovery Act) was enacted to preserve and create jobs and promote economic recovery, assist those most impacted by the recession, '. provide investments needed to increase economic efficiency by spurring technological advances in science and health, invest in transportation, environmental protection, and other infrastructure that will provide long-term economic benefits, stabilize State and local government budgets, in order to minimize 7 and avoid reductions in essential services and counterproductive State and local tax increases. Recipients shall use grant funds in a manner that maximizes job creation and economic benefit. The Recipient shall comply with all terms and conditions in the Recovery Act relating generally to governance, accountability, transparency, data collection and resources as specified in Act itself and as discussed below. Recipients should begin planning activities for their first tier subrecipients, including obtaining a DUNS number (or updating the existing DUNS record), and registering with the Central Contractor Registration (CCR). Be advised that Recovery Act funds can be used in conjunction with other funding as necessary to complete projects, but tracking and reporting must be separate to meet the reporting requirements of the Recovery Act and related guidance. For projects funded by sources other than the Recovery Act, Contractors must keep separate records for Recovery Act funds and to ensure those records comply with the requirements of the Act. The Government has not fully developed the implementing instructions of the Recovery Act, particularly concerning specific procedural requirements for the new reporting requirements. The Recipient will be provided these details as they become available. The Recipient must comply with all requirements of the Act. If the recipient believes there is any inconsistency between ARRA requirements and current award terms and conditions, the issues will be referred to the Contracting Officer for reconciliation. REPORTING AND REGISTRATION REQUIREMENTS UNDER SECTION 1605 OF THE RECOVERY ACT (. (a) This award requires the recipient to complete projects or activities which are funded under the American Recovery and Reinvestment Act of 2009 (Recovery Act) and to report on use of Recovery Act funds provided through this award. Information from these reports will be made available to the public. (b) The reports are due no later than ten calendar days after each calendar quarter in which the Recipient receives the assistance award funded in whole or in part by the Recovery Act. (c) Recipients and their first -tier subrecipients must maintain current registrations in the Central Contractor Registration (http:;/www.ccr.gov) at all times during which they have active federal awards funded with Recovery Act funds. A Dun and Bradstreet Data Universal Numbering System (DUNS) Number (hitp:f/4rxu,vi,.diib.com) is one of the requirements for registration in the Central Contractor Registration. (d) The recipient shall report the information described in section 1605 of the Recovery Act using the reporting instructions and data elements that will be provided online at http:llwwiv.redet-alReparting.gov and ensure that any information that is pre -filled is corrected or updated as needed. , — BUY AINIERICAN CERTIFICATE g By submitting a bid under this solicitation, except for those items listed by the bidder below or on a separate and clearly identified attachment to this bid, the bidder certifies that steel and each manufactured product, are produced in the United States, as defined in the clause (Buy American — Steel and Manufactured Products for Construction Contracts) and that components of unknown origin are considered to have been produced or manufactured outside the United States. Bidders may obtain from the owner a listing of articles, materials and supplies excepted from this provision. COMPANY NAMCa asi. }.iNC..- >r: � ti�rJ ;J�1� FEDERAL TAX ID or SOCIAL SECURITY No. 15 — A 0151 Signature or Company Official: 12A Printed name of company official signing above: Ali,.,) Date Signed: 4 ,. 3 CONTRACTORS STATEMENT OF QUALIFICATIONS Individual contractors and joint ventures submitting a bid must complete the following evaluation information for the Project.. Joint ventures shall be composed of not more than two firms and each firm must complete separate evaluations. Evaluation information must be submitted at time of bid submittal. Failure to submit the following Bidder Evaluation information may result in the OWNER considering the bid non -responsive and result in rejection of the bid by the OWNER. Bidders are to provide any additional information requested by the OWNER. In evaluating a firm's qualifications, the following major factors will be considered: r A. FINANCIAL CAPABILITY: For this project, the CONTRACTOR'S financial capability to undertake the project will be determined by the T CONTRACTOR'S ability to secure bonding satisfactory to the OWNER. B. EXPERIENCE: Do the organization and key personnel have appropriate technical experience on similar projects? C. SAFETY: Does the organization stress and support safety as an important function of the work process? D. OUALITY OF WORK: (1) Does the organization have a commitment to quality in everyfacet of their work - the process as well as the product? (2) Does the organization have a written quality philosophy and/or principles that exemplifies their work? If so, �. submit as Attachment "A". (3) Has this organization ever received an award or been recognized for doing "quality" work on a project? If so, give details under Attachment "A". E. CONFORMANCfi TO CQINTRACT DOCUMENTS: (1) Does the organization have a commitment and philosophy to construct projects as designed and as defined in the Contract Documents? The OWNER reserves the right to waive irregularities in determining the firm's qualifications and reserves the right to require the submission of additional information. The qualifications of a firm shall not deprive the OWTrER of the right to accept a bid, which in its judgment is the lowest and best j bid, to reject any and all bids, to waive irregularities in the bids, or to reject nonconforming, non -responsive, or conditional bids. In addition, the OWTIER reserves the tight to reject any bid where circumstances and developments have in the opinion of the OWNER changed the qualifications or responsibility of the firm. Material misstatements on the qualifications forms may be grounds for rejection of the firm's bid on this project. Any such _J misstatement, if discovered after award of the contract to such firm, may be grounds for inunediate termination of the contract. Additionally, the firm will be liable to the OWNER for any additional costs or damages to the OWNER resulting from such s misstatements, including costs and attorney's fees for collecting such costs and darnages. Complete the following information for your organization: 5 0 Contractor's General information Organization Doing Business As Business Address of Principle Office Telephone Numbers Main Number Fax Number Web Site Address Form of Business (Check One) Date of Incorporation State of Incorporation Chief Executive Officer's Name President's Name Vice President's Name(s) -'7gg"- "74949 ot5 - `7'Ci -- >s-)7 tWov, c,tle-d 130A-Ic A Corporation qa7 M A Average Number of Current Full Time Average Estima Employees__ ) the Current Year C 4?3&(& Inership An Individual Contractor's Organizational Experience Organization Doing Business As J e ei Ie ✓ Cc, Business Address of Regional Office Name of Regional Office Manager Telephone Numbers Main Number Fax Number 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 List of companies, firms or organizations that own any pan of the organization. Name of companies, firths or organization Percent Ownership mini Years experience in projects similar to the proposed project: As a General Contractor ) 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? 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? N O 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? tJa 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? If yes provide full details in a separate attachment. See attachment No. t* Has this or a predecessor organization ever refused to construct or refused to provide materials defined in the contract documents? O If yes provide full details in a separate attachment See attachment No. 7 I, tiff Contractor's Proposed Key Personnel Organization Doing Business As, j,-,r Provide a brief description of the managerial structure of the organization and illustrate with an organizational chart. Include the title and names of key personnel. Include this chart at an attachment to this description. See attachment No. D t1 © f;'CavA" 0"s t �C �G'�"t'�hUr" �4°�'-� 'jd S�� i:�/1Prrjja✓� vvre A�Ji Provide a brief description of the managerial structure proposed for this project and illustrate with an organizational chart. Include the title and names of proposed key personnel and alternates. Include this chart at an attachment to this description. See attachment No. 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 t x l{ vr. hr "5 i}1;14 tr✓a5►" Project Superintendent (3a 4 %r�cti5 t3a�N c Project Safety Officer r i-N-, tiro, Quality Control Manager QCVWJt2 It w,%S 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 Organization Doing Business As Name of Individual fr�,J��� Ca�ac�fk p t c 41 u,rrn It r t p-s Years of Experience as Project Manager aa� Years of Experience with this organization Number of similar projects as Project Manager [ Number of similar projects in other positions Current Project Assignments Name of Assignment Percent of Time Used for this Project Estimated Project Completion Date Ave- Os a,l aop" —,otil 1 s o t,,Kv 11kN rdJl Scwooi AS t , t 1,6*A vt�i i Ve.13 tess is % M Reference Contact Information(listing names indicates ap val to contacting the names indivi uals as a reference Name [ v ,) atr Name bau is tie , Title/ Position 4 rem ov—„ i Title/ Position PfR°eo rrr ' Organization C_; >, c [L Organization p, f Telephone - -? bo - 33 Telephone -q em. 74 - 6"10,0 E-mail t.L t o.t f 60 m t kht--Q, u4 E-mail 0 ettajo.,J 5 a% ee La..i,s .00,4 Project C& zS+tee-� Qrprs.Vs Project N (:4a5 tv-i-,W Candidate role on Pra'ect Name of Individual h EQ t� a t A t' Candidates role ht d� eC tr (yy �G e�• on Project C Years of Experience as Project Manager m2 Years of Fxperience with this organization Number of similar projects as Project Manager 7 Number of similar projects in other positions Current Project Assignments Name of Assignment Percent of Time Used for this Project Estimated Project Completion Date L..b ,ct2 3V 3far/ ,[x k, , !Veal t%oufe sJft"k 33'70 10),?1 it T a is C�b!r e o� {.csi,�ess Name bve (A we[f-1\ 9-3Ob 7131 t Name Sc� S ui�Ja:+tw� Title/ Position •,lF tcy et -A £ Title/ Position to •q of Oa_pization tOrganization � Telephone Telephone WOYO - 11 5 - 3 as' N E-mail E-mail Project 3 4-t+A-le0m:a, EtSOc3-: Project w1a,4,,ee► si• eaxj�t. Candidate role on Project 01 � "`'��° Candidate role on Project Neck c � 9 Lf Proposed Project Superintendent Organization Doing Business As Name of Individualcq {�Fp Years of Experience as Project Superintendent Years of Experience with this organization t 3 Number of similar projects as Superintendent -r Number of similar projects in other positions Current Project Assignments Name of Assignment Percent of Time Used for this Project Estimated Project Completion Date G fl '�n xu s Reference Contact Information(listing names indicates a roval to contacting the names individuals as a reference Name h Sri+ Name t v.,v e C-=bson0 Title/ Position Title/ Position e"s 0was /�c.,x.l . Organization Organization 0 T -. Telephone o . 77S ? 34 t Telephone l E-mail E-mail Project 't'd (At. Project (1ct e, a Tc-k PS3LJ3 Candidate role on Projects°r''`�° Name of Individual i Candidate role on Project Clfuwcfl S-tviZps Years of Experience as Project Superintendent 10 Years of Experience with this organization I & Number of similar projects as Superintendent k Number of similar projects in other positions 4 Current Project Assignments Name of Assignment Percent of Time Used for this Project Estimated Project Completion Date 1 f al�� r�,.5 s so 7-3 t- ao.� e c s� � '�- 30. Name .i �s,� Name o C Axs Title/ Position 4 �� Title/ Position r Organization Po;L Organization L-t Telephone t0.-&n3, Tele have •--4 3 � fo 4O E-mail E-mail Project TY'c° -tld p or.9.rs-3 Project L- Candidate role on Project Candidate rote on Project r �`I► 10 U Proposed Project Safety Officer Organization Doing Business As Name of Individual ijQ„1 e,�,+)w Ccv�. � �ryny�44 a„) �e t � Caerowa Years of Experience as Project Safety Officer Years of Experience with this organization Number of similar projects as Safety Officer 4 Number of similar projects in other positions -{ Current Project Assignments Name of Assignment Percent of Time Used for this Project Estimated Project Completion Date Reference Contact Information(listing names indicates ap val to contactingthe names individuals as a reference Name B T Name Title! Position Title/ Position Organization Organization Telephone Telephone E-mail E-mail Project Project Candidate role on Project Candidate role on Project Name of Individual Years of Experience as Project Safety Officer Years of Experience with this organization Number of similar projects as Safety Officer Number of similar projects in other positions Current Project Assignments Name of Assignment Percent of Time Used for this Project Estimated Project Completion Date Name Name Title/ Position Title/ Position Or anization Organization Telephone Telephone E-mail E-mail Project Project Candidate role on Project Candidate role on Project 31 Proposed Project Quality Control Manager Organization Doing Business Asi1PJ Name of Individual �on3�rE' R�✓�S Years of Experience as Quality Control Manager IS, Years of Experience with this organization_ y Number of similar projects as Quality Manager y Number of similar projects in other positions �- Current Project Assignments Name of Assignment Percent of Time Used for this Project Estimated Project Completion Date Reference Contact Information(listing names indicates a roval to contactingthe names individuals as a reference Name V,6 Ca Name A eq c••,t WJ.%CNJ Title/ Position Title/ Position Organization C m f-" en s Organization t` fi -r Tele hone bta- _ 73L 3 Telephone E-mail E-mail Project c CCV4 Project rl•W • C Candidate role on Wect +� 4'� Q Name of Individual Candidate role on Project � 4k C Years of Experience as Quality Control Manager Years of Experience with this organization Number of similar projects as Quality Manager Number of similar projects in other positions Current Project Assignments Name of Assignment Percent of Time Used for this Project Estimated Project Completion Date • Name Name Title/ Position Title/ Position Organization organization Telephone Telephone E-mail E-mail Project Project Candidate role on Project Candidate role on Project WA d I ft Contractor's Project Experience and Resources Organization Ming Business As ga c? 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 cppabitity to provide best value to the Owner for this project. Include a completed Project Information form (Attachment B) for projects which illustrate the experience of the proposed key personnel. Provide a description of your organizations approach to completing this project to provide best value for the Owner. Including a description of your approach in the following areas; I . Contract administration 2. Management of subcontractor and suppliers 3. Time management r; 4. Cost control' 5. Quality management 6. Project site safety 7. Managing changes to the project S. Managing equipment 9. Meeting HUB I 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 BWutll Lease PEE S•r+s-�.� rn.. What work will the or anization complete using its own resources? Ott Ckit4""o0t ctsPha tt pa.,tXi�. I C,0,X ttp kx tK,-J What work does the organization propose to subcontract on thisproject? 5w FP 13 Contractor's Subcontractors and Vendors (17 Organization Doing Business As &4 t-w Provide a list of subcontractors that will provide more than 10 percent of the work ased on contract amounts Name Work to be Provided Est. Percent of Contract HL'BIMWBE Firm m 1���QGs� AAJ'itti?Vi�c.� L�Wi � C� P$ Provide information on the proposed key personnel, project experience and a description of past relationship and work ex erience for each subcontractor listed above usinp, the Project Information Forms. Provide a list of major equipment proposed for use on this project. Attach Additional Information if necessary Vendor Name Equipment i Material Provided Furnish Only Furnish and Install HUB/M WBE Firm 14 H H 71 --n "Attachment A Current Projects and Project Completed within the last 10 Years Project Owner I C, l r 6boc Project Name General Description of Project: TNotE�tb�_ Project Cost - I Date Project Completed Key Project Personnel Project Manager Project Superintendent I Safety Officer Quality Control Mana er Nam -Ws I Reference Contact Information (listing names indicates approval to contacting the names individuals as a reference) 'Name Title/ Position Organization Telephone E-mail Owner 0 6*0 Designer Construction Manager Project Owner Nam I CK CjProject Name t+-Vh General Description oflyroject: Project Cost4l( TDate Project Completed 10/lyp5 Key Project Personnel Project Manager Project Superintendent Safety Officer Quality Controlqq Manager Name frN 'W,, -Alos f 18-b�,J Evc_:�, ll K Reference Contact Information (listing names indicates approval to contacting the names individuals as a reference) Name Title/ Position Organization Telephone E-mail Owner C. 9,56"(Z ed)(11, , Designer Com5trm.tion Manager _V Project C ProjectNameI "vj General Description of Project: Cc,-,, 3,g S A, 10 cx' r ots Project Cost A/t Date Project Completed rJ Key Project Personnel Project Manager Project Superintendent Safety Officer Quality Control Manager Name Z 14 W. SIr 6V�� Zt 2tft,= tqI_(V&Jte Reference Contact Information. (listing names indicates approval to contacting the names individuals as a reference) Name Title/ Position Organization Telephone E-mail Owner Designer P S<_ Construction Manager 75:0t; e&- - n3 .�L 1 0 ... - __ . . . . . ......... . . .. v, 11 '. Current Projects and Project Completed within the last 10 Years 'tachment A Project Owner ° i/(9 606k Project Naive / { ,r a AIIF t0,4je1x& General Description Project Cost n Date Project Completed i Key Project Personnel Project Manager Project Superintendent Safety Officer Quality Control Mana gr Name <6�1r# ,o Reference Contact Information (listing names indicates approval to contacting the names individuals as a reference) _ Name Title/ Position Organization Telephone E-mail Owner A*,'//. c� .a Ct qF o& 73 5 3;25 Xvj&, 0& C.c4,1,,L6' Designer f �0���k� �x � � j�ln.lt l��cF.���{5tsG< �� '770 f 4o irt'rz,, - Construction Manager Project Owner �, i a Project Name General Description of Project: C0 V'" ,• ' Project Cost 1,7014,,',s . 50 Date Project Completed Key Project Personnel Project Manager Project Superintendent _ Safety Officer Quality Control Manager !Name �G1� ci �� �� �✓d� ,� ��k�"� �`���L"'✓�� '' fo go-,$ Reference Contact Infonmation (listing names indicates approval to contacting the names individuals as a reference) _ Name Title/ Position Organization Telephone E-mail Owner r F 1111• iI — rA ° " x• i Designer bra, l-Cv!r A Construction Manager �• F r a It avt: t.. d I.,at `6v7 Project Owner �,-, Project Name General Description of Project:` Project Cost 1 6406 . r. e 1, '�7 Date Project Completed Key Project Personnel Project Manager Project Superintendent Safety Officer Quality Control Manager Name tom' @ w 4�P5 c F�"° $ iR.O�A ea F '« 4 Reference Contact Information (listing names indicates approval to contacting the names individuals as a reference) Dame Title! Position Organization Telephone E-mail Owner Designer _ off! aoGe Si?.✓2 C',r «�°x�" F sa°s 6 7'"3 7r I, f . 4a.r> ` l Construction Manager •�^ r P-.- ,5 � � � gt �f sr �.d f 04, 794 " 4.491 r R !. d( F Prniect Information Project Owner I City of Lubbock lProject Name J Paving improvements on Slide Road & Erskine Street General Description of Project New construction of.,Sllde Road from North Loop 289 to Erskine Street and reconstruction•of Erskine Street from North Frankford Ave. to North Quaker Ave. Project Budget and Schedule Performance Budget History Schedule Performance Amount $ % of Bid Amount Date Days Bid 18,578,777.94 Notice to Proceed 8/2/2008 730 Change Orders Contract Substantial Completion Date at Notice to Proceed Owner Enhancements 391,890.78 2.06% Contract Final Completion Date at Notice to Proceed Unforeseen Conditions Change Order Authorized Substantial Completion Date Design issues 73231.4 0.003941669 Change Order Authorized Final Completion Date 09/13/10 Total Actual / Estimated Substantial Completion Date Final Cost 19,033,900.12 Actual / Estimated Final Completion Date 08/15/10 728 Key Project: Personnel Manager Project Sup Safety Officer Quality Manager Name Rick Humphries Bobby Evens Keith Carroway Bobby Stewart Percentage of Time Devoted to the Project 90% 2S% 25% 25% Proposed for this Project Did individual Complete the Project? Yes Yes Yes Yes If not, who started or completed the project in their place. Reason for Change ContactWe .rmation (fisting names indicates approval. Name contacting the names individuals Title/position Organization Telephone Email Owner Neil Welch COL Eng. City of Lubbock (806) 775-3254 Designer Kyle Jackson PSC Eng PSC (806) 473-2200 Construction Manager Surety Issues / Disputes Re -solved or Number of issues resolved I Pending Resolution by Arbitration, Total Amount involved in I Resolved issues Litigation or I Dispute Review Boards [Number of issues Pending -F� Total amount involved in Resolved issues Prniaet Information Project Owner TXDOT JProject Name Reconstruction of 50th Street General Description of Project Reconstruction of 50th Street (asphalt & concrete paving) from West loop 289 to Slide Road Project Budget and Schedule Performance Budget History Schedule Performance Amount $ % of Bid Amount Date Days Bid 4,469,026.93 Notice to Proceed S/4/2009 347 Change Orders Contract Substantial Completion Date at Notice to Proceed Owner Enhancements -51,404.93 -1,15% Contract Final Completion Date at Notice to Proceed Unforeseen Conditions 0.D0 Change Order Authorized Substantial Completion Date Design Issues 0.00 Change Order Authorized Final Completion Date Total Actual / Estimated Substantial Completion Date 6/18/2010 256 Final Cost 'Key jPerson 4,417,62-2.00 JActual / Estimated Final Completion Date 6/30/2010 268 Project nel Project Manager Project Sup Safety Officer Quality Manager Name Jason Hettler Bobby Evens Keith Carroway Bobby Stewart Percentage of Time Devoted to the Project 75% 30% 30% 30% Proposed for this Project Did individual Complete the Project? yes yes I yes yes if not, who started or completed the project in their place. Reason for Change 'ContactReference • a Name Title/position Organization Telephone Email Owner Mike Whittle Proj. Eng. TxDOT (806) 252-3317 Designer Mark Emery P.E. Schamburg & Polk (963) 595-3913 Construction Manager Surety Issues / Disputes Resolved or Number of issues resolved Pending Resolution by Arbitration, Total Amount involved in Resolved issues Litigation or Dispute Review Boards Number of issues Pending Total amount involved in Resolved issues Project information Project Owner City of Lubbock Project Name Reconstruction of Martin Luther King Jr. blvd. ! General Description of Project A ! Reconstruction of MLK Blvd. from East Sth Street to Fast Broadway . • Budget Budget History Schedule Performance Amount $ % of Bid Amount Date Days Bid 1,083,851.00 Notice to Proceed 10/28/2009 68 Change Orders Contract Substantial Completion Date at Notice to Proceed Owner Enhancements Contract Final Completion Date at Notice to Proceed Unforeseen Conditions Change Order Authorized Substantial Completion Date Design Issues Change Order Authorized Final Completion Date Total Actual / Estimated Substantial Completion Date 2/28/2010 60 Final Cost 1,083,851.00 Actual / Estimated Final Completion Date 3/10/2010 Project,Key Personnel Project Manager Project Sup Safety Officer Quality Manager Name Rick humphries Ronnie Stokes Keith Carroway Bobby Stewart Percentage of Time Devoted to the Project 30% 50% 20% 20% Proposed for this Project Did individual Complete the Project? yes yes yes yes If not, who started or completed the project in their place. Reas on for Change Information . approval. Name . Title/position individuals Organization Telephone Email Owner Cody Blevins Project Manager City of Lubbock (806) 786-6012 designer Joe Shaunaman Eng. City of Lubbock (806) 775-2173 Construction Manager Surety .. Number of Issues FTotal resolved Amount involved in Resolved issues . Boards Number of issues Fending Total amount involved in Resolved issues %.ti ):5 :t•:rA: d,p••�t!,::xt`C•l�i?, ti:,: it ri3:.;{'.;,:;i. ..... �. .. . r••.::>:i;:•:i$.i?i5;;•%(:^i:itC44�i:?:i.;Si 'lei: �, ;:{• project information Project Owner I City of Lubbock JProject Name 98th Street Widening General Description of Project Widening of 98th street from Slide Road to Iola Ave. Project Budget and Schedule Performance Budget History Schedule Performance Amount $ % of Sid Amount Date Days Bid 14,748,004.18 Notice to Proceed 4/1/2006 Change Orders Contract Substantial Completion Date at Notice to Proceed Owner Enhancements Contract Final Completion Date at Notice to Proceed Unforeseen Conditions Change Order Authorized Substantial Completion Date Design Issues Change Order Authorized Final Completion Date Iota! Actual / Estimated Substantial Completion Date 7/1/2008 Final Cost k 14,748,004.18 JActual Key Project Personnel / Estimated Final Completion Date Project Manager Project Sup Safety Officer Quality Manager Name 'Rick Humphries Bobby Evans Percentage of Time Devoted to the Project 75% 75% Proposed for this Project Did individual Complete the Project? yes yes If not, who started or completed the project in their place. Reason for Change approvalReference Contact Information (listing names indicates Name Title/position Organization Telephone Email Owner Keith Smith Asst, City Eng. City of Lubbock (806) 775-2341 Designer Paul McMillan P,E. PSC (806) 473-2200 Construction Manager Surety Issues / Disputes Resolvedor Number of issues resolved .ing Resolution by Arbitration,! Total Amount involved in Resolved issues • or , Boards Total amount involved Number of issues Pending in Resolved issues Proiect Information Project Owner I Texas Tech University Project Name TTU C-17 Parking Lot General Description of Project :,Project Sudg: t and Schedule Performance Budget History Schedule Performance Amount $ % of Bid Amount Date Days Bid 743,068.24 Notice to Proceed 6/1/2007 Change Orders Contract Substantial Completion Date at Notice to Proceed Owner Enhancements Contract final Completion Date at Notice to Proceed Unforeseen Conditions 74306.00 10.00% Change Order Authorized Substantial Completion Date Design Issues Change Order Authorized Final Completion Date Total 74,306.00 Actual / Estimated Substantial Completion Date Final Cost 817,374,24 Actual / Estimated Final Completion Date 3/31/2008 Key Project ' Personnel Project Manager Project Sup Safety Officer Quality Manager Name Rick Humphries Ronnie Stokes Percentage of Time Devoted to the Project 25% 75% Proposed for this Project Did individual Complete the Project? yes yes If not, who started or completed the project in their place, Reason for Change ontact Information. approval. Name contacting the Title/position names individuals Organization Telephone Email Owner Gene Gibson Project Manager TTU (806) 742-3801 Designer same Construction Manager Surety Issues / Disputes Resolved or Number of issues resolved , Total Amount involved in Resolved issues 7 Boards Number of issues Pending Total amount involved I lin Resolved issues Proiect Information Project Owner I Frenship 1SD jProject Name FISD Loop Road & Parking Lot General Description of project Project Budget and Schedule Performance Budget History Schedule Performance Amount $ % of Bid Amount Date Days Bid 598,700.00 Notice to Proceed 10/1/2007 Change Orders Contract Substantial Completion Date at Notice to Proceed Owner Enhancements Contract Final Completion Date at Notice to Proceed Unforeseen Conditions 58,633.00 9,79% Change Order Authorized Substantial Completion Date Design Issues Change Order Authorized Final Completion Date Total 58,633.00 Actual / Estimated Substantial Completion Date Final Cost ProjectKey 657,333.00 Actual / Estimated Final Completion Date 7/7/2008 Project Manager Project Sup Safety Officer Quality Manager Name Russell Putnam Bobby Evens Percentage of Time Devoted to the Project 30% 20% Proposed for this Project Did individual Complete the Project? yes yes if not, who started or completed the project in their place. Reason for Change Reference, : Contact Information . approval. Name contacting the names individuals Titfe/position Organization Telephone Email Owner Designer Construction Manager Jason Smith Pro}. Manager Lee Lewis (806) 797-8400 Surety d or Number of issues resolved Pending Resolution by Arbitration, Total Amount involved in Resolved issues Litigation or Dispute I Review Boards Total amount involved I Number of issues Rending in Resolved issues } ,- ALLEN BUTLER CONSTRUCTION, INC. #24 SOUTH LAKESHORE DRIVE RANSOM CANYON, TEXAS 79336 (' PHONE:806-745-7498 FAX:806-745-7577 14Fu`�m� Allen Butler Construction, Inc. had a vendor that supplied an additive for our asphalt that did not meet the specification for the project or the mix design. Therefore this resulted in Allen Butler Construction, Inc. removing and replacing the asphalt at our expense. The vendor admits it was their fault but will not pay damages thus resulting in litigation. This did not hold up the project nor did it involve the owner and project is completed. This is a private litigation between Allen Butler Construction, Inc. and vendor. ALLEN BUTLER CONSTRUCTION, INC. 24 S. LAKESHORE DR. RANSOM CANYON, TX 79366 (806)745-7498 FAX(806)745-7577 KEY PERSONNEL Project Executives Allen Butler James J. Davis General Superintendent Bobby Evans Project Managers Rick Humphries Mike West Head Estimator Ronnie Gilmore Additional Key Personnel: Field Engineer Ronnie Stokes Office Manager Cindy Riddle Concrete Plant Manager Greg Curlee Asphalt Plant Supervisor Doug Vaughn Quarry Supervisor Doug O'Neil Shop Foreman Frank Groves Safety Coordinator Keith Carroway Quality Control Supervisor Ronnie Rivas Concrete Crew Supervisor Steve Moczygemba /&l£NBUTLER CONSTRUCTION, INC. 24S.LAKEGHOREDR. RANSOM CANYON, TX7Q366 (808)745-7498 FAX(806)745-7577 Foremen Lynn Day Rick Campos LuuimCmrlsta R|nondu8arboza DuoarSmlmm Tommy Sanders Lu|oVmquera Robert Corona Jeremy Hudson JaymonNu,uy ALLEN BUTLER CONSTRUCTION, INC. 24 S. LAKESHORE DR. RANSOM CANYON, TX 79366 (806)745-7498 FAX(806)745-7577 KEY PERSONNEL FOR PROJECT Project Executives Allen Butler James J. Davis General Superintendent Bobby Evans Project Managers Rick Humphries Head Estimator Ronnie Gilmore Additional Key Personnel; Field Engineer Ronnie Stokes Office Manager Cindy Riddle Concrete Plant Manager Greg Curlee Asphalt Plant Supervisor Doug Vaughn Quarry Supervisor Doug O'Neil Safety Coordinator Keith Carroway Quality Control Supervisor Ronnie Rivas Concrete Crew Supervisor Steve Moczygemba H ffa,K/e%ei--7f '- Foremen Lynn Day [8rtwor , Rick Campos Concrete | RicardoBmrbuza Concrete . / oaomr8alme Concrete / Tommy Sanders Truck boss . LuisVaqua,a Asphalt � Jeremy Hudson Concrete ALLEN8UTLER CONSTRUCTION, INC. 24G.LAKEGH0REDR, RANSOM CANYON, TX 79366 (806}745'7498 FAX(806)745'7577 r..,. s 14 4a%Ao—r J t 1 ALLEN BUTLER CONSTRUCTION'S APPROACH TO COMPLETING 1,1 THIS PROJECT. (D 4. All specifications and Contract documents are reviewed and implemented by the project manager. - Project manager then gives directives to the foremen or superintendent for onsite construction. 2. All subcontractor and supilies also run through project managers to stay within budget. 3 Project manager builds schedules that are discussed with foreman and vice president to keep the project on time. 4. Cost control is monitored by the project manager, vice president, and front office. �. 5. QAQC oversees the quality of the materials used in the project. 6. Safety is overseen by our Saftey Coorinator and implemented by the foreman and Superintendent. 7. Project manager implements all change orders then gives direction to the foreman on the project. 8. Our shop foreman and equipment manager keep the equipment in shape. Allen Butler Construction, Inc. has over 800 pieces of equipment. 9. We advertise in the newspaper and take all bids. v,� . 9 9 a /0 , EQUIPMENT OWNED FOR PROJECT MOTORGRADERS WATER TRUCKS SHEEPFOOT ROLLERS PNEUMATIC ROLLERS TRACTOR/PLOWS CURB MACHIINES ASPHALT PAVING MACHINE STEEL WHEEL ROLLERS TRENCHERS BELLY DUMP TRAILERS/ TRACTORS BOBTAILS TRUCKS CONCRETE MIXERS EXCAVATORS LOADERS ALLEN BUTLER CONSTRUCTION, INC. 924 SOUTH LAKESHORE DRIVE RANSOM CANYON, TEXAS 79336 PHONE: 806-745-7498 FAX:806-745-7577 Bobby Evans has been in construction for 34 years. He was employed with Granite Construction from 1989 through 1991. During this time he was a foreman on the I-27 project where he oversaw the construction of the excavation and building of the roadway. He then became superintendent on the I-30 expansion in Rockwell, TX. He scheduled and managed the no.w. prep, flexible base placement, and the asphalt and concrete paving. He oversaw the building of the overpass and bridge headers including retaining wails and structure backfilling. He moved back to Lubbock and formed Evans Excavation, doing local backhoe, dirt work, and paving Since 1998 Mr. Evans has been employed in the capacity of General Superintendent for Allen Butler Construction, Inc. Mr. Evans has been involved in overseeing the physical application of all major undertaking since that date including most of the Texas Tech projects, TXDOT projects, and City of Lubbock projects such as 98 h Street Improvements, LIA Taxiway improvements, & Slide Rd. & Erskine Improvements. -' ALLEN BUTLER CONSTRUCTION, INC. #24 SOUTH LAKESHORE DRIVE RANSOM CANYON, TEXAS 79336 PHONE:806-745-7498 FAX: 806-745-7577 Keith Carroway has been a full time safety coordinator for nine months at Allen Butler Construction, Inc. He has worked for us almost 4 years accumulatively. He has filled the role of both safety coordinator and assistant safety officer. He administers safety orientations to all new hires, gives weekly safety meetings to all personnel, and investigates any accidents on the job. He has completed several training courses pertaining to his role including but not limited to; Fall Protection, Scaffolding, Nuclear safety, Personal Protective Equipment Inspection, Ladder Safety and Inspection, Forklift Training, Fire Safety, Hazard and Exposure Identification, Fleet Safety, Lifting and Rigging, Trenching and Barricading, Traffic Control, Emergency Evacuation Plans, First Aid, and Work Zone Analysis. Before coming back to Allen Butler Construction, Inc, in 2009, he was employed as a lab technician for a company out of New York from 2007 to 2009. His primary role was performing testing with a secondary role in safety. ALLEN BUTLER CONSTRUCTION, INC. 924 SOUTH LAKESHORE DRIVE RANSOM CANYON, TEXAS 79336 PHONE: 806-745-7498 FAX, 806-745-7577 Ronnie Rivas. is a bilingual high school graduate. Mr. Rivas worked for TXDOT for 25 years. For the first 13 years he was an inspector. He ran test and densities on soil, concrete, and also oversaw the placement of asphalt. He trained other inspectors in reading and following plans and specifications. For the last 12 years with TXDOT he was a project manager for various projects in the district. In 2009 Mr. Rivas came to Allen Butler Construction, Inc. as a foreman, but soon he became Quality Control officer, In this position he is able to use his knowledge of testing to make sure all of our materials pass the requirements of the specifications. ALLEN BUTLER CONSTRUCTION, INC. 24 S. LAKESHORE DR. RANSOM CANYON, TX 79366 (806)745-7498 Fax(606)745-7577 Rick Humphries, Project Manager Rick Humphries carve to Allen Butler Construction, Inc. in April of 2004 with twenty years of prior management experience. Due to his organizational skills and quest for perfection he quickly blended with the company. Willow Rend subdivision, Glenna Goodacre Boulevard, Texas Tech Infrastructure, Waimart, 98th Street and Indiana Ave. are a few of the projects Rick has managed. Professional References, David Meadow Tom Dulin <' David Coggins Kevin Lair Neil Welch .Josh Galica Lee Lewis Construction, Inc. (806)797-8400 Lee Lewis Construction, Inc. (806)797-6400 Lee Lewis Construction, Inc. (806)797-8400 City of Lubbock (806)766-4144 City of Lubbock (806)766-4144 United Supermarkets (806)748-0584 ALLEN BUTLER CONSTRUCTION, INC. 24 S. LAKESHORE DR. RANSOM CANYON, TX 79366 f ; (806)745-7498 FAX(80(3)745-7577 Lynn Day, Foreman Lynn Day was employed in March of 1999 as a skilled heavy machine operator. He was soon promoted to foreman and has performed in that capicity for a Tittle over 6 years. Mr. Day has proved himself to be an asset to the corporation by his proficiency in this area of expertise. Suncrest, Shadowhills, Cantibury Pointe, Meadow South, South Mesa, and Westchester Park are a few of the subdivisions in which Mr. Day has been foreman. The Plainview Ethanol Plant is among the many projects on which Mr. Day has supervised the earthwork. References: Kevin Lair. City of Lubbock (806)766-4144 John Givens Lee Lewis Construction, Inc. (806)797-8400 Josh Galica United Supermarkets (806)748-0584 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 andjudicial 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, coiporation, partnership or institution, recei7tions for violations of OSHA within the past three (3) years? YES NO If the bidder has indicated YES for question number one above, the bidder must provide to City of Lubbock, with its bid submission, the following information with respect to each such citation - Date of offense, location of establishment inspected, category of offense, final disposition of offense, if any, and penalty assessed. J"I ;`.:<- Bidder's Initials QUESTION TWO Has the bidder, or the firm, corporation, partnership, or institution represented by the bidder, or anyone acting for such firm, corporation, partnership or institution, received citations for violations of environmental protection laws or regulations, of any kind or type, within the past five years? Citations include notice of violation, notice of enforcement, suspension/revocations of state or federal licenses, or registrations, fines assessed, pending criminal complaints, indictments, or convictions, administrative orders, draft orders, final orders, and judicial final judgments. YES NO t/ If the bidder has indicated YES for question number two above, the bidder must provide to City of Lubbock, with its bid submission, the following information with respect to each such conviction: Date of offense or occurrence, location where offense occurred, type of offense, final disposition of offense, if any, and penalty assessed. QUESTION THREE Has the bidder, or the firm, corporation, partnership, or institution represented by bidder, or anyone acting for such firm, corporation, partnership, or institution, ever been convicted, within the past ten (10) years, of a criminal offense which resulted from serious bodily injury or death? YES NO t 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. Z-e'e-d Signature 01 - Title SUSPENSION AND DEBAR:NViENT CERTIFICATION Federal Law (A-102 Common Rule and OMB Eircular 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 $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. COMPANY NAME: FEDERAL TAX ID or SOCIAL SECURITY No. Signature of Company Official: WL r" r�. Printed name of company official signing above,T�—� — �::`: Date Signed: t:lj 1 Ir LIST OF SUB -CONTRACTORS A 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. 16. BID # 11-9999-170- Construction of East 3rd Place, Holly Avenue, Ironwood Avenue., and June Avenue LIST OF SUB CONTRACTORS Company Name -Location Services Provided , pant�..,2 r Address�j City,-— County tads A 36L State Zip Code Telephone: �� - 14 '� - ` ON Fax:. to _ - l q S - 115,111 Minority Owned Yes No sf ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ G 0 ❑ ❑ G ❑ n ❑ ❑ ❑ 0 THIS FORM SHALL BE COMPLETED AND RETURNED ALONG WITH YOUR PROPOSAL IF NO SUB -CONTRACTORS WILL BE USED PLEASE INDICATE SO 2 03/14/2011 15:09 8066873319 ALLEN BUTLER CONST PAGE 02/02 BID # I1-9999-FO- Construction of East 3rd Place, Homy Avenue, .Ironwood Avenue, and .tune Avenue I. 2. 3. 4. 5. 6. 7. S. 9. 10. z. 13, 14. .15. 16. FINAL LIST OF SUIT CON'.i'RACTORS Company Name Location Services Provided rows - 4 o� iwppCa Co&a l.4 X"A -. Company /� acts 4gLieGhcrt A'Are Vdress City,, County 4 Etc � S `7S3 b (o State Zip Code Telephone: btio - -7,t r- 7Y Fr Fax: -)? - Minority Owned Yes No ❑ ❑ THIS FORM SHALL BE COMPLETED AND RETURNED ALONG WITH YOUR PROPOSAL IF NO SUB —CONTRACTORS WILL BE USED PLEASE INDICATE SO. 3 PAYMENT BOND I STATUTORY PAYMENT BOND PURSUANT TO SECTION 2253.021(a) OF THE TEXAS GOVERNMENT CODE Bond No. 022026694 (CONTRACTS MORE THAN $50,000) KNOW ALL MEN BY THESE PRESENTS, that Allen Butler Construction, Inc. (hereinafter called the + Principal(s), as Principal(s), and Liberty Mutual Insurance Company (herein after c4eA the Surety(s), as Suret4s), are held and firmly bound unto the City of Lubbock (hereinafter H d ed sixty e tho san _ _Dollars ($�F,q�?7i.(Xl ) + c� lled :the Dblag e), in the amount of 'Cwr, r �eu—t; tee an ni t - iawful moneys of tl United States for the payment whereof, the said Principal and Surety bind themselves, and their heua,"admrn�rators, executors, successors and assigns, jointly and severally, firmly by these presents. WHEIZTAS, the Principal has entered into a certain written contract with the Obligee, dated the 22°d day ofch, 201 `to + Bid 11-999-FO- Construction of fast 3rd Place, Holly Avenue, Ironwood Avenue, and June Avenue .+ 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. i NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the said Principal _ . shall pay all claimants supplying labor and material to him or a subcontractor in the prosecution of the work provided for in said contract, then, this obligation shall be void; otherwise to remain in full force and effect; PROVIDED, HOWEVER, that this bond is executed pursuant to the provisions of Section 2253.021(a) of the Texas Government Code, and all liabilities on this bond shall be determined in accordance with the provisions of said Article to the same extent as if it were copied at length herein. IN WITNESS WHEREOF, the said Principal (s) and Surety (s) have signed and sealed this instrument this 30th day of March 2011. Liberty Mutual - Surety *By'- -- Allen Butler Construction Inc. (Company Name) By; Allen Butler t o ey-In Fact (Printed Name) (Signature) President (Title) 5 The undersigned surety company represents that it is duly qualified to do business in Texas, and hereby designates Kevin J. Dunn 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. Liberty Mutual Insur ce Surety tad J. Diuin Att�ornev—rn Fact Approved as to form: City of Lubbock By: City AN ey * 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. G Fa PERFORMANCE BOND 1 STATUTORY PERFORMANCE BOND PURSUANT TO SECTION 2253.021(a) OF THE TEXAS GOVERNMENT CODE Bond No. 022026694 (CONTRACTS MORE THAN $100,000) _r. _Allen Butler Constru tion KNOW ALL MEN BY THESE PRESENTS, that (hr,remacfter called the Principal(s), as Principal(s), and Liberty Mutual Insurance Company (hereinafter called the SuretyWirol as Sur ty s), are held and firml bound unto the City of Lubbock (hereinafter called the Obligee), in the amount of are 5 vgtn &ee anc� lffl — — Dollars ($369,273.00 ) lawful money of the United States..fox the payment whereof, the said Principal and Surety bind themselves, and their heirs, administrators, executors, succes.,of$<<and assigns, jointly and severally, firmly by these presents. F ' WHEREA& the'Principal has entered into a certain written contract with the Obligee, dated the 22"`' day of March, 2011, t:a'' -, Bid 11 FC) Cons action of Fast 3rd Place, Holly Avenue, Irormood Avenue and June Avenue and said principal under the law is required before commencing the work provided for in said contract to execute a bond in the amount of said contract which contract is hereby referred to and made a part hereof as fully and to the same extent as if copied at length herein. NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the said Principal shall faithfully perform the work in accordance with the plans, specifications and contract documents, then this obligation shall. be void; otherwise to remain in full force and effect. PROVIDED, HOWEVER, that this bond is executed pursuant to the provisions of Section 2253.021(a) of the Texas Government Code, and all liabilities on this bond shall be determined in accordance with the provisions of said article to the same extent as if it were copied at length herein. IN WITNESS WHEREOF, the said Principal (s) and Surety (s) have signed and sealed this instrument this 30th day of March 12011. Liberty Mutual Insurance Cep,..-�� Allen Butler Construction Inc. Surety ----�j^� (Company Name) By; Allen Butler In --Fact (Printed Name) Ct�LQI )A� (Signature) President (Title) 2 f The undersigned surety company represents that it is duly qualified to do business in Texas, and hereb; designates Kevin J. Dunn 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. Liberty Mutual Insurance Company Surety r� (Title J. Dunn, torney-Tn Fact Approved as to Form City of Lubbock By: City tto * Note: If signed by an Office of the Surety Company, there must be on file a certified extract frorn:the by-laws showin - that this person has authority to sign such obligation. If signed by an Attorney in Fact, we must have copy of power c attorney for our files. 3 �. Important Notice TO OBTAIN INFORMATION OR TO MAKE A COMPLAINT: You may write to Liberty Mutual Surety at: Liberty Mutual Surety Interchange Corporate Center 450 Plymouth Road, Suite 400 Plymouth Meeting, PA 19462-8284 You may contact the Texas Department of Insurance to obtain information on companies, coverages, rights or complaints at: 1-800-252-3439 You may write the Texas Department of Insurance: P. O. Box 149104 Austin, TX 78714-9104 Fax: (512) 475-1771 Web: http://www.tdi.state.tx.us E-mail: Cons u m erProtection cD-tdi.state.tx.us Premium or Claim Disputes Should you have a dispute concerning a premium, you should contact the agent first. If you have a dispute concerning a claim, you should contact the company first. If the dispute is not resolved, you may contact the Texas Department of Insurance. Attach This Notice To Your Policy: This notice is for information only and does not become a part or condition of the attached document. LMIC-3500 Page 1 of 2 Rev. 7.1.07 2717869 THIS POWER OF ATTORNEY IS NOT VALID UNLESS IT IS PRINTED ON RED BACKGROUND. This Power of Attorney limits the acts of those named herein, and they have no authority to bind the Company except in the manner and to the extent herein stated. LIBERTY MUTUAL INSURANCE COMPANY BOSTON,MASSACHUSETTS POWER OF ATTORNEY KNOW ALL PERSONS BY THESE PRESENTS: That Liberty Mutual Insurance Company (the "Company"), a Massachusetts stock insurance company, pursuant to and by authority of the By-law and Authorization hereinafter set forth, does hereby name, constitute and appoint TRACY TUCKER, TOBIN TUCKER, W LAWRENCE BROWN, KEVIN J. DUNN, ALL OF THE CITY OF FT. WORTH, STATEOF TEXAS . ........ .............................. .................................. .................................... each individually if there be more than one named, its true and lawful attorney -in -fact to make, execute, seal, acknowledge and deliver, for and on its behalf as surety and as its act and deed, an *y and all undertakings, bonds, recognizances and othersu surety obligations in the penal sum not exceeding FIFTY MILLION AND 00/100* ********** ******* DOLLARS $ 50 000 000.00***** ( each, and the execution of such undertakings, bonds, recognizances and other surety obligations, in pursuance of these presents, shall be as binding upon the Company as if they had been duly signed by the president and attested by the secretary of the Company in their own proper persons. That this power is made and executed pursuant to and by authority of the following By-law and Authorization: ARTICLE XIII - Execution of Contracts: Section 5. Surety Bonds and Undertakings. Any officer of the Company authorized for that purpose in writing by the chairman or the president, and subject to such limitations as the --, chairman or the president may prescribe, shall appoint such attorneys -in -fact, as may be necessary to act in behalf of the Company to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Such attorneys -in -fact, subject to the limitations set forth in their respective powers of attorney, shall have full power to bind the Company by their O signature and execution of any such instruments and to attach thereto the seal of the Company. When so executed such instruments shall be O- as binding as if signed by the president and attested by the secretary. 7 e d By the following instrument the chairman or the president has authorized the officer or other official named therein to appoint attorneys -in -fact: " d c Pursuant to Article XIII, Section 5 of the By -Laws, Garnet W. Elliott, Assistant Secretary of Liberty Mutual Insurance Company, is hereby authorized to appoint such attorneys -in -fact as may be necessary to act in behalf of the Company to make, execute, seal, acknowledge and 7 deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. That the By-law and the Authorization set forth above are true copies thereof and are now in full force and effect. IN WITNESS WHEREOF, this Power of Attorney has been subscribed by an authorized officer or official of the Company and the corporate seal of Liberty Mutual Insurance Company has been affixed thereto in Plymouth Meeting, Pennsylvania this 18th day of December 2009 LIBERTY MUTUAL INSURANCE COMPANY Garnet W. Elliott, Assistant Secretary COMMONWEALTH OF PENNSYLVANIA ss~ COUNTY OF MONTGOMERY On this 18th day of December , 2009 , before me, a Notary Public, personally came Garnet W. Elliott, to me known, and acknowledged that he is an Assistant Secretary of Liberty Mutual Insurance Company; that he knows the seal of said corporation; and that he executed the above Power of Attorney and affixed the corporate seal of Liberty Mutual Insurance Company thereto with the authority and at the direction of said corporation. IN TESTIMONY WH -, unto subscribed my name and affixed my notarial seal at Plymouth Meeting, Pennsylvania, on the day and year first above writtenONW ` C0MJM0NWgA1iH OF PENNSYLVA-41A Nolara: Seat rasa Pastel a !votary Pu60 Piymmah Top Mont�Gmeri County By My Co rnission Exofes March 28 2013 Ter sa Pastella, Notary Public OF t *,}�: �;. ' hiemixr Penrtsyrsania Assat xrads CERTIFICATE` 1, the undersigned, Assistant ecretary of Liberty Mutual Insurance 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 effect on the date of this certificate; and I do further certify that the officer or official who executed the said power of attorney is an Assistant Secretary specially authorized by the chairman or the president to appoint attorneys -in -fact as provided in Article XIII, Section 5 of the By-laws of Liberty Mutual Insurance Company: This certificate and the above power of attorney may be signed by facsimile or mechanically reproduced signatures under and by authority of the following vote of the board of directors of Liberty Mutual Insurance Company at a meeting duly called and held on the 12th day of March, 1980. VOTED that the facsimile or mechanically reproduced signature of any assistant secretary of the company, wherever appearing upon a certified copy of any power of attorney issued by the company in connection with surety bonds, shall be valid and binding upon the company with the same force and effect as though manually affixed. IN TESTIMONY WHEREOF2Ibhave hereunto subscribed my name and affixed the corporate seal of the said company, this day of .. March1l1 :- ByZ�2 r David M. Carey, Ass' tit Secretary c 0 f� 0 W C 0a Q M o� 0! C 3� o£ a� N O O w � 0 C d > do 04 E, LM w C CO 06 0 r 0 e CERTIFICATE OF INSURANCE aCOORL> CERTIFICATE OF LIABILITY INSURANCE DATE (MMIDDNYYY) 3 30 2011 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 endorsements . PRODUCER CONTACT NAME: Dianne Link PHON o EM:8 - 9- IFAX aJc No):817-299-3890 IBTX Risk Services 8701 Bedford Euless Rd, Ste 450 Hurst TX 76053 E-MAIL ADDRESS:S rvice@ib-tx com INSURERS AFFORDING COVERAGE NAIC # INSURERA:Valley Forge Insurance n 20508 INSURED INSURERB:TeXas Mut Ins Co 22945 INSURERC: t Paul Fire & Marine Ins. C Allen Butler Construction, Inc. INSURERD: 24 South Lakeshore Drive Ransom Canyon TX 79366 id INSURER E : INSURER F COVERAGES CERTIFICATE NUMBER: 59-4-7AAAnn 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 TYPE OF INSURANCE ADDL SUBR POLICY EFF POLICY EXP LTR INSR WVD POLICY NUMBER MM/DD MMlDD LIMITS A GENERAL LIABILITY C 4013609294 /1/2011 /1/2012 MERCIAL GENERAL LIABILITY N:7:1CLAIMS -MADE O OCCUR E GEN'LAGGREGATE LIMIT APPLIES PER: POLICY X PRO- LOC EACH OCCURRENCE $1, 000, 000 DAMAGE(RENTED PREMISES Ea occurrence $300,000 MED EXP (Any one person) $15, 000 0 PERSONAL &ADV INJURY $1, 000, 000 GENERAL AGGREGATE $2,000,000 PRODUCTS - COMP/OP AGG $2,000,000 $ A AUTOMOBILE .1 X LIABILITY C 4013609280 /1/2011 /1/2012 ANY AUTO ALL OWNED SCHEDULED AUTOS AUTOS NON -OWNED HIREDAUTOS X AUTOS COMBINED SINGLE LIMIT Ea accident 1, 000, 000 BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ PROPERTY DAMAGE Per accident $ C X UMBRELLA LIAB I X OCCUR QK-09102402 /1/2011 /1/2012 EXCESS LIAB CLAIMS -MADE DIED X I RETENTION$ 10, 000 EACH OCCURRENCE $5, 000, 000 _ AGGREGATE $5, 000, 000 $ g WORKERS COMPENSATION SF-0001074270 2/1/2010 2/1/2011 AND EMPLOYERS' LIABILITY YIN ANY PROPRIETOR/PARTNER/EXECUTIVE ❑ N /A OFFICER/MEMBER EXCLUDED? (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below X I WCSTATU- OTH- I4BY"Ll'M1L$_'.�B E.L. EACH ACCIDENT $1, 000, 000 - E.L. DISEASE - EA EMPLOYE $1, 000, 000 E.L. DISEASE -POLICY LIMIT $1, 000, 000 DESCRIPTION OF OPERATIONS / LOCATIONS! VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space is required) As required by written contract, Additional Insured per the attached applies to General Liability & Automobile. Waiver of Subrogation on the General Liability, Automobile & Workers, Compensation per the attached. Notice of Cancellation endorsement attached. RE: #11-9999-FO - Construction of East 3rd Place, Holly Avenue, Ironwood, and June Ave. GtK I ItIt;A It MULULK GANGtLLATIUN City of Lubbock Public Works - Contracting Office 1625 13th St, Ste 204 Lubbock TX 79401 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE ©1988-2010 ACORD 25 (2010/05) The ACORD name and logo are registered marks of ACORD TION. All rights reserved. IBTX Risk Services Safety Management • Human Resources Services . Business Insurance • Personal Insurance Employee Benefits o Surety Bonds s Wealth Management . Executive Planning October 22, 2010 Why We Are Using the Latest ACORD 25 Certificate of Liability Insurance In September 2009, ACORD revised the ACORD 25 Certificate of Insurance form. One of the major changes was the removal of the cancellation notice provision. For the following reasons, we are unable to issue an older edition of this form, modify the current form, or complete a proprietary form you provide: • Notice of cancellation is a policy right, not an unregulated service. No insurer shown on this certificate is able to provide the cancellation notice you desire by endorsement. For example, the insured can cancel immediately, so it would be impossible for the insurer to give you the notice you request. State law also grants the insurer the right to cancel for reasons such as nonpayment with less notice than you require. • For the reason just cited, if our agency were to issue a certificate that provides the cancellation notice you request, we would do so with the full knowledge that it would be impossible to actually give that amount of notice under certain circumstances. As such, the certificate could be alleged to constitute a misrepresentation or fraud which could subject our agency and staff to serious civil and criminal penalties. • If a certificate purports to provide a policy right different from that provided by the policy itself, then the certificate effectively purports to be a policy form. Policy forms must be filed and approved by our state department of insurance. Use of nonfiled policy forms is illegal and could result in legal sanctions distinct from the assertion that the certificate is fraudulent. • Under the ACORD Corporation's licensing agreement, the prior editions of superseded forms can be used for one year from the time the new forms are introduced. Beginning in September 2010, this is another reason we cannot use an older edition of the ACORD 25. Doing so would violate ACORD's licensing agreement and, as a copyrighted document, federal copyright law. • Likewise, we are unable to modify the new certificate to add a notice of cancellation. ACORD forms are designed to be completed, not altered. ACORD's Forms Instruction Guide says that a certificate should not be used "To waive rights ... To quote wording from a contract ... To quote any wording which amends a policy unless the policy itself has been amended." In addition, our insurance company contracts only allow us to issue unaltered ACORD forms. • We are often asked to issue proprietary certificates provided by the certificate requestor. Again, our insurance company contracts only allow us to issue unaltered ACORD forms. Many proprietary certificates include broad, vague or ambiguous language that may or may not be incompliance with state laws, regulations, and insurance department directives. Therefore, we cannot issue any proprietary certificates that have not been reviewed by our state insurance department. You may be interested in how the City of Atlanta, Georgia is now reportedly dealing with this issue based on a very detailed study they conducted in 2008. http://tinvurl.com/26guax8 We appreciate your understanding of the legal restrictions on our ability to fully comply with your request. Please feel free to contact your Producer or Account Manager if you have any questions or concerns. 1518 West Koenig 8701 Redford Euless [toad,# 450 5726 Hausman. Suite 100 Austin, TX 78756 Hurst, TX 76053 San Antonio, TX 78249 Toll Free 800.880-6689 Toll Free 800.510.5120 Toll Free 800.880.6689 Fax 210,696.8414 Fax 817.299.3890 Fax 210.696.8414 CNA POLICY NO: C 4013609294 NAMED INSURED: Allen Butler Construction, Inc. G-140331-B (Ed. 01/09) THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE (OPTIONAL) Name of Additional Insured Person(s) (/t`etliedS[fiilliv�a[cleg@t�liif per Paragraph A. below.) of Covered Operations * per the WrllttaR 1rac#l0igroarngnt provided the location is within the 'coverage tarritoy of this Coverage Part.) (Coverage under this endorsement is not affected by an entry or lack of entry In the Schedule above.) A. Section II - Who Is An Insured is amended to Include as an additional insured any person(s) or organization(s), including any person or organization shown in the Schedule above, whom you are required to add as an additional insured on this Coverage Part under a written contract or written agreement, provided: a. The written contract or written agreement was executed prior to: 1. The 'bodily Injury' or 'property damage'; or 2. The offense that caused the 'personal and advertising Injury' for which the additional insured seeks coverage under this Coverage Part; and b. The written contract or written agreement pertains to your ongoing operations or 'your work' for the additional Insured(s). 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 for the additional insured(s) or c. 'Your work' that is Included in the 'products - completed operations hazard' and performed for the additional insured, but only if this Coverage Part provides such coverage, and only If the written contract or written agreement requires you to provide the additional insured such coverage. 2. However, we will not provide the additional Insured any broader coverage or any higher limit of Insurance than the least of those: a. Required by the written contract or written agreement; b. Described in B.1. above; or c. Afforded to you under this policy. 3. This insurance is excess of all other insurance available to the additional insured, whether primary, excess, contingent or on any other basis, unless the written contract or agreement requires this insurance to be primary. In that event, this Insurance will be primary relative to insurance which covers the additional Insured as a named Insured. We will not require contribution from such Insurance it the written contract or written agreement also requires that this insurance be non-contributory. But with respect to all other Insurance under which the additional insured G-140331-8 includes copyrighted material of Insurance Services Office, Inc., with Its permission Page 1 of 2 (Ed. 01/09) G-140331-B (Ed. 01109) qualifies as an insured or additional insured, this insurance will be excess. 4. The insurance provided to the additional insured terminates when your operations for the additional Insured are complete. But if the written contract or written agreement specifies a date until which this insurance must apply, then this insurance terminates: a. On the date specified in the written contract or written agreement; or b. When this policy expires or is cancelled, whichever occurs first. C. With respect to the insurance afforded to the additional insured, the following additional exclusions apply. This insurance does not apply to: 1. 'Bodily Injury,' 'property damage,' or 'personal and advertising injury' arising out of the rendering of, or the failure to render, any professional architectural, engineering, or surveying services, Including: a. The preparing, approving, or failing to prepare or approve maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; and b. Supervisory, Inspection, architectural or engineering activities. 2. 'Bodily injury,' 'property damage,' or 'personal and advertising injury' arising out of any premises or work for which the additional insured is specifically listed as an additional Insured on another endorsement attached to this Coverage Part. D. SECTION IV — COMMERCIAL GENERAL LIABILITY CONDITIONS Is amended as follows: 1. The Duties In The Event of Occurrence, Offense, Claim or Suit condition is amended to add the following additional conditions applicable to the additional insured: An additional Insured under this endorsement will as soon as practicable: (1) Give us written notice of an 'occurrence' or an offense which may result in a claim or 'suit' under this insurance, and of any claim or 'suit' that does result; (2) 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; (3) Except as provided in Paragraph 8.3 of this endorsement, agree to make available any other insurance the additional insured has for a loss we cover under this Coverage Part; and (4) Send us copies of all legal papers received, and otherwise cooperate with us in the Investigation, defense, or settlement of the claim or 'suit.' 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 this endorsement, or when Paragraph b. below applies. E. The provisions of the written contract or written agreement do not in any way broaden or amend this Coverage Part. G-140331-B Includes copyrighted material of Insurance Services Office, Inc., with its permission Page 2 of 2 (Ed. 01109) G-18652-1 (Ed. 07/09) (2) Structural alterations, new construction or demolition operations performed by or on behalf of such additional Insured. f. Co-owner of Insured Premises A co-owner of a premises co -owned by you and covered under this insurance but only with respect to the co -owners liability as co-owner of such premises. g : ofZqu3pme : Any person or organization from whom you lease equipment. Such person or organization are insureds only with respect to their liability arising out of the maintenance, operation or use by you of equipment leased to you by such person or organization. A person's or organization's status as an insured under this endorsement ends when their written contract or written agreement with you for such ]eased equipment ends. With respect to the insurance afforded these additional insureds, the following additional exclusions apply: This insurance does not apply: (1) To any 'occurrence' which takes place after the equipment lease expires; or (2) To 'bodily injury,' 'property damage,' or 'personal and advertising injury' arising out of the sole negligence of is such additional insured. Any Insurance provided to an additional insured designated under Paragraphs a. through g. above does not apply to 'bodily injury' or 'property damage' included within the 'products -completed operations hazard.' T As respects the coverage provided under this provision, Paragraph 4.b.(1) of Section IV — Commercial General Liability Conditions is deleted and replaced with the following: 4. Other Insurance b. Excess Insurance (1) This insurance is excess over: Any other insurance naming the additional insured as an insured whether primary, excess, contingent or on any other basis unless a written contract or written agreement specifically requires that this insurance be either primary or primary and noncontributing. Where required by written contract or written agreement, we will consider any other insurance maintained by the additional insured for injury or damage covered by this endorsement to be excess and noncontributing with this insurance. 2. EMPLOYEES AS INSUREDS — HEALTH CARE SERVICES Paragraph 2.a,(11)(d) of Section II — Who Is An Insured is deleted. 3. JOINT VENTURES / PARTNERSHIP / LIMITED LIABILITY COMPANY COVERAGE A. The following is added to Section II — Who Is An Insured: 4. You are an insured when you had an interest in a joint venture, partnership or limited liability company which terminated or ended prior to or during this policy period but only to the extent of your interest in such joint venture, partnership or limited liability company. This coverage does not apply: a. Prior to the termination date of any joint venture, partnership or limited liability company; or b. If there Is other valid and collectible Insurance purchased specifically to insure the partnership, joint venture or limited liability company. c. To a joint venture, partnership or limited liability company which is or was insured under a 'consolidated (wrap-up) insurance program.' 'Consolidated (wrap-up) insurance program' means a construction, erection or demolition project for which the prime contractor/project manager or owner of the construction project has secured general liability insurance covering some or all of the contractors or subcontractors involved in the project, otherwise referred to as an Owner Controlled Insurance Program (O.C.I.P.) or Contractor Controlled Insurance Program (C.C.I.P.). B. The last paragraph of Section Il — Who Is An Insured is deleted and replaced by the following: Except as provided in Paragraph 4. above, no person or organization Is an insured with respect to the conduct of any current or past partnership, joint venture or limited liability company that Is not shown as a Named Insured in the Declarations. G-18652-1 Includes copyrighted material of Insurance services Office, Inc., with Its permission. Page 3 of 8 (Ed. 07/09) POLICY NUMBER: C 4013609294 COMMERCIAL GENERAL LIABILITY NAMED INSURED: Allen Butler Construction, Inc. CG02051204 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. TEXAS CHANGES AMENDMENT O Al E ..A�[ I+� PROVISIONS OR COVERAGE CH AN This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART LIQUOR LIABILITY COVERAGE PART OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE PART POLLUTION LIABILITY COVERAGE PART PRODUCT WITHDRAWAL COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART RAILROAD PROTECTIVE LIABILITY COVERAGE PART In the event of cancellation or material change that reduces or restricts the insurance afforded by this Coverage Part, we agree to mail prior written notice of cancellation or material change to: SCHEDULE 1. Name: "PER SCHEDULE ON FIVE WITH COMPANY" 2. 13. Address: 1 Number of days advance notice: 60 Information required to complete this Schedule if not shown above will be shown in the Declarations. CC 02 0512 04 Copyright, ISO Properties, Inc., 2003 Page 1 of 1 NAMED INSURED: Allen Butler Construction, Inc. POLICY NUMBER: C 4013609294 CQ 24 0410 93 THIS ENDORSEMENT CHANGES THE' POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies Insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART R*43:1=19111114 Name of Person or Organization: PLAN W�> WON- `oil PRO Zom in1H45E �•�� X;S��T �t>� ` R�Q�=7�T�J} ' �0 i7HA�l 'HZSi WA ttE,l3. ` 'r 0 &TG13T.T R2C(}Y R FROM Af�REENT- (if no entry appears above, information required to complete this endorsement will be shown In the Declarations as applicable to this endorsement.) The TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US Condition (Section IV —COMMERCIAL GENERAL LIABILITY CONDITIONS) is amended by the addition of the following: We waive any right of recovery we may have against the person or organization shown in the Schedule above because of payments we make for Injury or damage arising out of your ongoing operations or "your work" done under a contract with that person or organization and Included in the "products -completed operations hazard." This waiver applies only to the person or organization shown In the Schedule above. CG 24 04 10 93 Copyright, Insurance Services Office, Inc., 1992 POLICY NUMSER: C 4013609280 COMMERCIAL AUTO CA 04 03 06 04 THiS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. Al This endorsement modifies Insurance provided under the following: BUSINESS AUTO COVERAGE FORM GARAGE COVERAGE FORA MOTOR CARRIER COVERAQE FORM TRUCKERS COVERAGE FDRM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by the endorsement. This endorsement changes the policy effective on the Inception date of the policy unless another date is indicated below. Endorsement Effective; 04/01/11 Counts n 13y; Namedlr,ETe� Butler Construction, Inc. Auf r d R�eesentatM SCHEDULE ame and Address of Additional insured:BLANKET - ANY PERSON OR ORGANIZATION ft94XXO.11 AR"V.--' IRV To AM 'AS AN Tq T4, t?O1'vICY uiVASR "I AZT ! 14C}NT G'I' 013 A.C#RRmwir (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) A. Who Is An Insured (Section 11) Is amended to include as an 'insured" the person(s) or organlzation(s) shown in the Schedule, but only with respect to their legal liability for acts or omissions of a person for whom Liability Coverage is afforded under this policy. S. The additional Insured named in the Schedule or s Declarations Is not required to pay for any premiums stated In the policy or earned from the policy. Any return premium and any dividend, If applicable, a� declared by us shall be paid to you. l� a� i� a� C. You are authorized to act for the additional Insured named In the Schedule or Declarations In all matters pertaining to this insurance. D. We will mail the additional insured named In the Schedule or Declarations notice of any cancellation of this policy. If we cancel, we will give 10 days notice to the additional Insured. E. The additional Insured named in the Schedule or Declarations will retain any right of recovery as a claimant under this policy. CA 04 03 06 04 Copyright, ISO Properties, inc., 2003 Page 1 of f POLICY NUMBER: C 4013609280 COMMEACiAL AUTO CA 20;89 06 04 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY, TEXAS CHANCES IN TRANSFER OF NIGHTS OF RI. Pt'�El( A,1lSTvCTE Tt !J ''' F� r This endorsement modlffes insurance provided under the following: BUSINESS AUTO COVERAGE FORM BUSINESS AUTO PHYSICAL DAMAGE COVERAGE FORM GARAGE COVERAGE FORM moTOI=I. CARRIER COVERAGE FORM TRUCKERS COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by the endorsement. This endorsement changes the policy effective on the Inception date of the policy unless another date Is Indicated below. Endorsement Effective: 04/01/11. Counts no _ y: Named tnsuMen Butler Construction, Inc. (Authorized a res t five i SCHEDULE Name Of Perso(s) Or Organization(a).-B .AW>Q - -A �iV ON 4R oR lx- , , oN TUB WAIT Fit 0 ' 604 00H- T To 9900 XMDft A, la R11f,"M CONTRACT OR AGR1R9M= ' (If no entry appears above, Information required to complete this endorsement will be shown In the Declarations as applicable to this endorsement) The Transfer Of Rights Of Recovery Against Others To- additional premium shown above, regardless of any Us Condition does not apply to the persons) or early termination of this endorsement or the policy. organizatlon(s) shown In the Schedule. We will retain the CA 20 09 06 04 Copyright, 180 Properties, Inc., 2003 Page 1 of 1 POLICYNUMBER: C 4013609280 COMMERCIAL AUTO CA 02 44 06 04 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. 4 TE CABS 1 I&ROVISION OR COVERA 1 1 E ENDO SEMENT 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 the endorsement. This endorsement changes the policy effective on the inception date of the policy unless another date Is indicated below. Endorsement Effective: 04/01/11 Count Named Insured: Allen Butler Construction, Inc. &ftadr .en t e SCHEDULE Number of Days' Noiioeo6o Name Of Person Or OrganlaatiOnPFR SCHEDULE ON FILE WITH COMPANY Address If this policy is canceled or materially changed to reduce or restrict coverage, we will mail notice of cancellation or change to the person or organization named in the Schedule. We will give the number of days' notice Indicated in the Schedule. . CA 02 44 06 04 Copyright, ISO Properties, Inc., 2003 Page 1 of 1 WORKERS' COMPENSATION AND EMPLOYERS Tlextrasmutuag. LIABILITY INSURANCE POLICY InsuranceCompany WC 42 03 04 A TEXAS VAI1lR OF tliR RGHT'O RECOyE-FROM OTHERS ENDORSEMENT This endorsement applies only to the insurance provided by the policy because Texas is shown in Item 3.A. of the Information Page. We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule, but this waiver applies only with respect to bodily injury arising out of the operations described in the Schedule where you are required by a written contract to obtain this waiver from us. This endorsement shall not operate directly or indirectly to benefit anyone not named in the Schedule. The premium for this endorsement is shown in the Schedule. Schedule 1. ( ) Specific Waiver Name of person or organization ( X ) Blanket Waiver Any person or organization for whom the Named Insured has agreed by written contract to furnish this waiver. 2. Operations: ALL TEXAS OPERATIONS 3. Premium The premium charge for this endorsement shall be 2.00 percent of the premium developed on payroll in connection with work performed for the above person(s) or organization(s) arising out of the operations described. 4. Advance Premium INCLUDED, SEE INFORMATION PAGE, This endorsement changes the policy to which it Is attached effective on the inception date of the policy unless a different date is Indicated below. (The following "attaching clause" need be completed only when this endorsement is issued subsequent to preparation of the policy.) This endorsement, effective on at 12:01 A.M. standard time, forms a part of PollcyNo. TSF-0001074270 of the Texas Mutual Insurance Company Issuedto ALLEN BUTLER CONSTRUCTION INC Premium $ WC420304A (ED. 1-01-2000) INSURED'S COPY Endorsement No. Authorized Representative WORKERS' COMPENSATION AND EMPLOYERS xgmutuz LIABILITY INSURANCE POLICY InsuranceCannP Y WC 42 06 01 TEXAS NOTICE t`yF MATER1L CHANGE ENDORSEMENT This endorsement applies only to the insurance provided by the policy because Texas Is shown in Item 3.A. of the Information Page. In the event of cancellation or other material change of the policy, we will mail advance notice to the person or organization named in the Schedule. The number of days advance notice is shown in the Schedule. This endorsement shall not operate directly or indirectly to benefit anyone not named in the Schedule. Schedule 1. Number of days advance notice: 30 2. Notice will be mailed to: "AS REQUIRED IN WRITTEN CONTRACT CERTIFICATE HOLDER IS BEING ENDORSED ON POLICY" This endorsement changes the policy to which it is attached effective on the inception date of the policy unless a different date is indicated below. (The following "attaching clause" need be completed only when this endorsement is issued subsequent to preparation of the policy.) This endorsement, effective on at 12:01 A.M. standard time, forms a part of Policy No. TSF-0001074270 of the Texas Mutual Insurance Company Issued to Allen Butler Construction, Inc. Endorsement No. Premium $ Authorized Representative WC420601 (ED. 1.94) No Text 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; r- (D) provide the contractor, prior to the end of the coverage period, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (E) obtain from each other person with whom it contracts, and provide to the contractor: (i) a certificate of coverage, prior to the other person beginning work on the project; and (ii) prior to the end of the coverage period, a new certificate of coverage showing extension of the coverage period, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (F) retain all required certificates of coverage on file for the duration of the project and for one year thereafter; (G) notify the governmental entity in writing by certified mail or personal delivery, within (ten) 10 days after the person knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project; and (H) contractually require each other person with whom it contracts, to perform as required by E paragraphs (A) - (H), with the certificate of coverage to be provided to the person for whom they are providing services. CONTRACT CONTRACT 9999 STATE OF TEXAS COUNTY OF LUBBOCK THIS AGREEMENT, made and entered into this 22"d day of March, 2011, by and between the City of Lubbock, County of Lubbock, State of Texas, acting by and through the Mayor, City of Lubbock, thereunto authorized to do so, hereinafter referred to as OWNER, and Allen Butler Construction of the City of Ransom Canyon, County of Lubbock and the State of Texas hereinafter termed CONTRACTOR. WITNESSETH: That for and in consideration of the payments and agreements hereinafter mentioned, to be made and performed by the OWNER and under the conditions expressed in the bond bearing even date herewith (if any) the CONTRACTOR hereby agrees with OWNER to commence and complete the construction of certain improvements described as follows: BID 11-999940- Construction of East 3rd Place, Holly Avenue, Ironwood Avenue, and June Avenue 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. Allen Butler Construction's bid dated March S, 2011, 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. IN WITNESS WHEREOF, the parties to these presents have executed this agreement in Lubbock, Lubbock County, Texas in the year and day first above written. CONTRACTOR: ALLEW IJu UP, By. PRINTED NAME: LLr,. 13i,rtEa TITLE: RUS)o6tor COMPLETE ADDRESS: Company ALL&a, ItLfaPaA)SMU EI&Q- WE0. Address ?4/ S. ZAKxsw&" D/t. City, State, Zip )eAj usoN. CAN VD,V �iX Z1 116 ATTEST: Corporate Secretary CITY OF LUBBOCK, TEXAS (OWNER): By: MA OR ATTEST: City Sec tary APPROVED AS —J&_, Owner's Chief APPR D AS TO FORM: P City ey GENERAL CONDITIONS OF THE AGREEMENT GENERAL CONDITIONS OF THE AGREEMENT 1. OWNER Whenever the word Owner, or First Party, are used in this contract, it shall be understood as referring to the City of Lubbock, Texas. 2. CONTRACTOR Whenever the word Contractor, or Second Party, is used, it shall be understood to mean the person, persons, co- partnership or corporation, who was awarded and who has agreed to perform the work embraced in this contract, or their legal representative. OWNER'S REPRESENTATIVE Whenever the word Owner's Representative or representative is used in this contract, it shall be understood as referring to, City of Lubbock, or its representative, 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 under this agreement. Engineers, supervisors or inspectors shall act for the Owner under the direction of Owner's Representative, but shall not directly supervise the Contractor or persons acting on behalf of the Contractor. 4. CONTRACT DOCUMENTS The contract's documents shall consist of the Notice to Bidders, General Instructions to Bidders, Bid, Signed Agreement, Statutory Bonds (if required), General Conditions of the Agreement, Special Conditions of the Agreement (if any), Specifications, Plans, Insurance Certificates, and all other documents made available to Bidder for inspection in accordance with the Notice to Bidders. The above described materials are sometimes referred to herein as the "contract" or "contract documents". INTERPRETATION OF PHRASES Whenever the words "Directed," "Permitted," "Designated," "Required," "Considered Necessary," "Prescribed," or words of like import are used, it shall be understood that the direction, requirement, permission, order, designation or prescription of the Owner's Representative is intended; and similarly, the words "Approved," "Acceptable," "Satisfactory," or words of like import shall mean approved by or acceptable or satisfactory to the Owner's Representative. 6. SUBCONTRACTOR The term Subcontractor, as employed herein, includes only those having a direct contract with the Contractor for performance of work on the project contemplated by these contract documents. Owner shall have no responsibility to any Subcontractor employed by Contractor for performance of work on the project contemplated by these contract documents, but said Subcontractors 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 I the firm or to an Office of the corporation for whom it is intended, or if delivered at or sent certified mail to the i last business address known to the party who gives the notice. �j 8. CONTRACTOR'S RESPONSIBILITIES F Unless otherwise stipulated, the Contractor shall provide and pay for all materials, supplies, machinefy. equipment, tools, superintendence, labor, insurance, and all water, light, power, fuel, transportation and all o facilities necessary for the execution and completion of the work covered by the contract documents. Unl otherwise specified, all materials shall be new and both workmanship and materials shall be of a good quali y The Contractor shall, if required, furnish satisfactory evidence as to the kind and quality of materials. Materih or work described in words which so applied have well known, technical or trade meaning shall be held to rell 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 docume 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 s accomplish this work in a manner acceptable to the Owner's Representative. The Owner's Representatives ._. check the Contractor's layout of all major structures and any other layout work done by the Contractor a Contractor's request, but this check does not relieve the Contractor of the responsibility of correctly locating 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 anc Contractor shall keep one copy of same consistently accessible on the job site. 3 12. RIGHT OF ENTRY The Owner's Representative may make periodic visits to the site to observe the progress or quality of the execu work and to determine, in general, if the work is proceeding in accordance with the contract documents. Own Representative shall not be required to make exhaustive or continuous onsite inspections to check the quality of quantity of the work, nor shall Owner's Representative be responsible for the construction means, metho techniques, sequences or procedures, or the safety precautions incident thereto. Notwithstanding the Own . 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 necessary for the commencement of the work contemplated by these contract documents or the completion of Ll 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` practical and Contractor shall be allowed no extra compensation therefore. The Contractor shall give the Ownx Representative ample notice of the time and place where lines and grades are needed. All stakes, marks, etc. shall be carefully preserved by the Contractor, and in case of careless destruction or removal by Contractor,1 Subcontractors, or its employees, such stakes, marks, etc., shall be replaced by the Owner's Representativ_, 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 furnished and the work done under this Agreement, and to see that said material is furnished and said work is done in accordance with the specifications therefore. The Contractor shall furnish all reasonable aid and assistance required by the subordinate engineers, supervisors or inspectors for the proper inspection and examination of the work. The Contractor shall regard and obey the directions and instructions of any subordinate engineers, supervisors or inspectors so appointed, when such directions and instructions are consistent with the obligations of this Agreement and accompanying plans and specifications provided, however, should the Contractor object to any orders by any subordinate engineer, supervisor or inspector, the Contractor may within fifteen (15) calendar days make written appeal to the Owner's Representative for its decision. In the absence of timely written objection by Contractor, as provided herein, any and all objection or objections shall be deemed waived. 16. CONTRACTOR'S DUTY AND SUPERINTENDENCE The Contractor shall give personal attention to the faithful prosecution and completion of this contract and shall keep on the work, during its progress, a competent superintendent and any necessary assistants, all satisfactory to Owner's Representative. The superintendent shall represent the Contractor in its absence and all directions given to superintendent shall be binding as if given to the Contractor. It is expressly agreed that adequate supervision by competent and reasonable representatives of the Contractor is essential to the proper performance of the work and lack of such supervision shall be grounds for suspending operations of the Contractor. The work, from its commencement to completion, shall be under the exclusive charge and control of the Contractor and all risk in connection therewith shall be borne by the Contractor. E , 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. f Unless otherwise specified herein, all loss, expense or damage to Contractor arising out of the nature of the w to be done, or from the action of the elements, or from any unforeseen circumstance and the prosecution of 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 a work required under this contract, to do the work; and agrees that whenever the Owner's Representative s inform Contractor in writing that any man or men on the work, are, in Owner's Representative's sole opini t incompetent, unfaithful, disorderly, or otherwise unacceptable to Owner or Owner's Representative, such man of men shall be discharged from the work and shall not again be employed on the work without the Own Representative's written consent. 19. CONSTRUCTION PLANT The Contractor shall provide all labor, tools, equipment, machinery and materials necessary in the prosecutior and completion of this contract where it is not otherwise specifically provided that Owner shall furnish same, a4— it is also understood that Owner shall not be held responsible for the care, preservation, conservation, } protection of any materials, tools, equipment or machinery or any part of the work until it is finally completed anc accepted. J,4" The building of structures for the housing of men or equipment are permitted only at such places as the Own Representative shall consent or direct, and the sanitary conditions of the grounds in or about such structure shall a all times be maintained in a manner satisfactory to the Owner's Representative. i 20. SANITATION Necessary sanitary conveniences for the use of laborers on the work site, properly secluded from putil observation, shall be constructed and maintained by the Contractor in such manner and at such points as shall bf 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. Contrac shall make necessary arrangements and provide proper facilities and access for such observation and testing at location wherever such work is in preparation or progress. Contractor shall ascertain the scope of any observatior that may be contemplated by Owner or Owner's Representative and shall give ample notice as to the time eef part of the work shall be ready for such observation. Owner or Owner's Representative may reject any such w found to be defective or not in accordance with the contract documents, regardless of the stage of its completior or the time or place of discovery of such errors and regardless of whether Owner's Representative has previou 1 accepted the work through oversight or otherwise. If any such work should be covered without approvalH consent of the Owner, it must, if requested by Owner or Owner's Representative, be uncovered for examination a Contractor's expense. In the event that any part of the work is being fabricated or manufactured at a locate where it is not convenient for Owner or Owner's Representative to make observations of such work or regq �I testing of said work, then in such event Owner or Owner's Representative may require Contractor to furmst Owner or Owner's Representative certificates of inspection, testing or approval made by persons competent- +c perform such tasks at the location where that part of the work is being manufactured or fabricated. All such to' is shall be in accordance with the methods prescribed by the American Society for Testing and Materials or sL 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 ii consent of the Owner or Owner's Representative, it must, if requested by the Owner or Owner's Representative, N uncovered for observation and testing at the Contractor's expense. The cost of all such inspections, tests approvals shall be borne by the Contractor unless otherwise provided herein. Any work which fails to meet ._ A requirements of any such tests, inspections or approvals, and any work which meets the requirements of any sucl 4 i i 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 'f Owner, Owner's Representative, or other persons authorized under the contract documents to make such inspections, tests, or approvals shall relieve the Contractor from its obligation to perform the work in accordance with the requirements of the contract documents. 22. DEFECTS AND THEIR REMEDIES It is expressly agreed that if the work or any part thereof, or any material brought on the site of the work for use in the work or selected for the same, shall be deemed by the Owner or Owner's Representative as unsuitable or not in conformity with plans, specifications and/or contract documents, the Contractor shall, after receipt of written notice thereof from the Owner's Representative, forthwith remove such material and rebuild or otherwise remedy such work so that it shall be in full accordance with the contract documents. It is further agreed that any remedial action contemplated as hereinabove set forth shall be at Contractor's expense. 23. CHANGES AND ALTERATIONS The Contractor further agrees that the Owner may make such changes and alterations as the Owner may see fit, in the line, grade, form dimensions, plans or materials for the work herein contemplated, or any part thereof, either before or after the beginning of the construction, without affecting the validity of this contract and the accompanying bond. If such changes or alterations diminish the quantity of the work to be done, they shall not constitute the basis for a claim for damages, or anticipated profits on the work that may be dispensed with. If they increase the amount of work, and the increased work can fairly be classified under the specifications, such increase shall be paid according to the quantity actually done and at the unit price established for such work under this contract; otherwise such additional work shall be paid for as provided under Extra Work. In case the Owner shall make such changes or alterations as shall make useless any work already done or material already furnished or used in said work, then the Owner shall recompense the Contractor for any material or labor so used, and for actual expenses incurred in preparation for the work as originally planned. 24. EXTRA WORK The term "extra work" as used in this contract shall be understood to mean and include all work that may be required by the Owner or Owner's Representative to be done by the Contractor to accomplish any change, alteration or addition to the work as shown on the plans and specifications or contract documents and not covered by Contractor's bid, except as provided under Changes and Alterations herein. It is agreed that the Contractor shall perform all extra work under the direction of the Owner's Representative when presented with a written work order signed by the Owner's Representative; subject, however, to the right of the Contractor to require written confirmation of such extra work order by the Owner. It is also agreed that the compensation to be paid to the Contractor for performing said extra work shall be determined by the following methods: Method (A) - By agreed unit prices; or -> Method (B) - By agreed lump sum; or Method (C) - If neither Method (A) or Method (B) be agreed upon before the extra work is commenced, then the Contractor shall be paid the lesser of the following: (1) actual field -'� cost of the extra work, plus fifteen (15%) percent; or (2) the amount that would have been charged by a reasonable and prudent Contractor as a reasonable and necessary cost for ', performance of the extra work. In the event said extra work be performed and paid for under Method (C)(1), then the provisions of this paragra shall apply and the "actual field cost" is hereby defined to include the cost of all workmen, such as forem , 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 incurrql together with all expenses incurred directly on account of such extra work, including Social Security, Old A 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 them agreed to. Owner's Representative may direct the form in which accounts of the actual field cost shall 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 j type and kind of machinery and equipment to be used; otherwise, these matters shall be determined by t 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 adopt by the Associated General Contractors of America. Where practical, the terms and prices for the use machinery and equipment shall be incorporated in the written extra work order. The fifteen percent (15%) of t 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 of actual field cost as herein defined, save that where the Contractor's Camp or Field Office must be maintainEl primarily on account of such Extra Work, then the cost to maintain and operate the same shall be included in the "actual field cost." No claim for extra work of any kind 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 rece' -1 compensation or an adjustment in the construction time, Contractor shall prior to commencement of such ex work, make written request to the Owner's Representative for a written order authorizing such extra work. Shou a difference of opinion arise as to what does or does not constitute extra work or as to the payment therefore, the Owner's Representative insists upon its performance, the Contractor shall proceed with the work after mak written request for written order and shall keep adequate and accurate account of the actual field cost thereof, ai 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, 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 thq-,T_,t contract documents as interpreted by Owner's Representative. Notices of any discrepancies or omissions 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 understa the work to be included and has provided sufficient sums in its bid to complete the work in accordance wiii these plans and specifications. If Contractor does not notify Owner's Representative before bidding of a l discrepancies or omissions, then it shall be deemed for all purposes that the plans and specifications 33 sufficient and adequate for completion of the project. It is further agreed that any request for clarificat LA must be submitted no later than five (5) calendar days prior to the opening of bids. f -I 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 11 work with the rate of progress required under this contract, the Owner or Owner's Representative may order 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 t'f progress herein specified, the Contractor shall, if so ordered in writing, increase its force or equipment, or both 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 5 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 f Independent Contractor; inclusion of thisparagraph in the A Agreement, as well as an notice which may be given 1� P 1�' Y Y by the Owners or the Owner's Representative concerning omissions under this paragraph as the work progresses, j are intended as reminders to the Contractor of its duty and shall not be construed as any assumption of duty to supervise safety precautions by either the Contractor or any of its subcontractors. 28. CONTRACTOR'S INSURANCE The Contractor shall not commence work under this contract until he has obtained all insurance as required in the General Conditions of the contract documents, from an underwriter authorized to do business in the State of Texas and satisfactory to the City. Proof of coverage shall be furnished to the City and written notice of cancellation or any material change 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 coverages shall be submitted prior to contract execution. �- PROOF OF COVERAGE SHALL BE FURNISHED TO THE CITY OF LUBBOCK IN THE FORM OF A CERTIFICATE OF INSURANCE ALONG WITH A COPY OF THE ADDITIONAL INSURED ENDORSEMENT. THE INSURANCE CERTIFICATES FURNISHED SHALL NAME THE CITY OF LUBBOCK AS A PRIMARY ADDITIONAL INSURED 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 4 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 gig(_tl ENDORSEMENT SHALL INCLUDE PRODUCTS AND COMPLETE OPERATIONS. A. Commercial General Liability Insurance (Primary Additional Insured and Waiver of Subrogation required) I The contractor shall have Comprehensive General Liability Insurance with limits of 1 000 0 Combined Single Limit in the aggregate and per occurrence to include: Products & Completed Operations Hazard Contractual Liability Personal Injury & Advertising Injury B. Owner's and Contractor's Protective Liability Insurance. For bodily injuries, including accidental death and or property damage, - NOT REQUIRED. C. Comprehensive Automobile Liability Insurance (Waiver of Subrogation Required) i The Contractor shall have Comprehensive Automobile Liability Insurance with limits of not less than; Bodily Injury/Property Damage, $500,000 Combined Single Limit, to include all owned and non -owned cars including: Employers Non -ownership Liability Hired and Non -owned Vehicles. D. Builder's Risk Insurance/installation Floater Insurance - NOT REQUIRED. E. Umbrella Liability Insurance - NOT REQUIRED. r 1 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 a[�l Subcontractor on the job with Employers Liability of at least $500,000 Definitions: Certificate of coverage ("certificate") - A copy of a certificate of insurance, a certificate of authority to self -insure issued by the commission, or a coverage agreement (TWCC-81, TW 82, TWCC-83, or TWCC-84), showing statutory workers' compensation insurance coverage 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 Contractor's/person's work on the project has been completed and accepted by the governmen 1 entity. Persons providing services on the project ("subcontractor" in Section _406.096, Texas Lalt. 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 the Contractor and regardless of whether that person has employees. This includes, with _ 1 limitation, independent contractors, subcontractors, leasing companies, motor carriers, owner - operators, employees of any such entity, or employees of any entity which furnishes person provide services on the project. "Services" include, without limitation, providing, hauling ,,I 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/bevep-c. vendors, office supply deliveries, and delivery of portable toilets. 2. The Contractor shall provide coverage, based on proper reporting of classification codes 4tkd payroll amounts and filing of any coverage agreements, which meets the statutory requireme s of Texas Labor Code, Section 401.011(44) for all employees of the contractor providing serviLc on the project, for the duration of the project. 8 �n 3. The Contractor must provide a certificate of coverage to the governmental entity prior to being r 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. 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. 6 The Contractor shall retain all required certificates of coverage for the duration of the project and for one year thereafter. 7. The Contractor shall notify the governmental entity in writing by certified mail or personal delivery, within 10 days after the Contractor knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project. The Contractor shall post on each project site a notice, in the text, form and manner prescribed by the Texas Workers' Compensation Commission, informing all persons providing services on the project that they are required to be covered, and stating how a person may verify coverage and report lack of coverage. The Contractor shall contractually require each person with whom it contracts to provide services on the project, to: (a) provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements, which meets the statutory requirements of Texas Labor Code, Section 401.011(44) for all of its employees providing services on the project, for the duration of the project; (b) provide to the Contractor, prior to that person beginning work on the project, a certificate of coverage showing that coverage is being provided for all employees of the person providing services on the project, for the duration of the project; (c) provide the Contractor, prior to the end of the coverage period, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (d) obtain from each other person with whom it contracts, and provide to the Contractor: (1) a certificate of coverage, prior to the other person beginning work on the project; and (2) a new certificate of coverage showing extension of coverage, prior to the end of the coverage period, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (e) retain all required certificates of coverage on file for the duration of the project and if , one year thereafter; I (f) notify the governmental entity in writing by certified mail or personal delivery, within ' " days after the person knew or should have known, of any change that materially affe 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 paragraphs (a) - (g), with the certificates of coverage to be provided to the person 10i whom they are providing services. 10. By signing this contract or providing or causing to be provided a certificate of coverage, t�u Contractor is representing to the governmental entity that all employees of the Contractor whc shall provide services on the project shall be covered by worker's compensation coverage for duration of the project, that the coverage will be based on proper reporting of classification co r." 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-Insurara. Regulation. Providing false or misleading information may subject the Contractor 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 Contractor which entitles the governmental entity to declare the contract void if the Contrac of does not remedy the breach within ten days after receipt of notice of breach from governmental entity. 11 G. Proof of Coverage Before work on this contract is commenced, each Contractor and subcontractor shall submit to the OWA 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 61 insurance company setting forth: 1 (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 such certificate. ti (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 insuL 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 cancellation of the policies shown on the certificate. J (7) The certificate or certificates shall be on the form (or identical copies thereof) contained in the 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 11 (9) A Contractor shall: C (a) provide coverage for its employees providing services on a project, for the duration of ' project based on proper reporting of classification codes and payroll amounts and fill of any coverage agreements; 10 1 (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 COVER,4GE "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 (MM.tdi.state.tx.us) to receive information of the legal requirements for coverage, to verify whether your employer has provided the required coverage, or to report an employer's failure to provide coverage;" and (h) contractually require each person with whom it contracts to provide services on a project, to: (i) provide coverage based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements for all of its employees providing services on the project, for the duration of the project; !� (ii) provide a certificate of coverage to the Contractor prior to that person beginning work on the project; (iii) include in all contracts to provide services on the project the following language: "By signing this contract or providing or causing to be provided a certificate of coverage, the person signing this contract is representing to the governmental entity that all employees of the person signing this contract who will 1 provide services on the project will be covered by workers' compensation coverage for the duration of the project, that the coverage will be based on proper reprinting of classification codes and payroll amounts, and that all coverage agreements will be filed with the appropriate insurance carrier or, in the case of a self -insured, with the commission's Division of Self -Insurance Regulation. Providing false or misleading information may subject the Contractor to administrative penalties, criminal penalties, civil penalties, or other civil actions."; (iv) provide the Contractor, prior to the end of the coverage period, a new certificate of coverage showing extension of coverage, if the coverage period shown on OP.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 project; and (2) prior to the end of the coverage period, a new certificate of cover 1 showing extension of the coverage period, if the coverage period sho it on the current certificate of coverage ends during the duration of the project; retain all required certificates of coverage on file for the duration of the profeF- (vi)l and for one year thereafter; (vii) notify the governmental entity in writing by certified mail or personal delive Vi 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 _I the project; and L (viii) contractually require each other person with whom it contracts, to perform required by paragraphs (i)-(viii), with the certificate of coverage to be provi 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 sd individual in regard to job application procedures, the hiring, advancement, or discharge of employees, emplo", compensation, job training, and other terms, conditions, and privileges of employment. 30. PROTECTION AGAINST CLAIMS OF SUBCONTRACTORS, LABORERS, MATERIALMEN, 11 FURNISHERS OF MACHINERY, EQUIPMENT AND SUPPLIES Without limiting, in any way, manner or form, the indemnity provided by Contractor in paragraph 27 hereof, 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 W manner or form, the demands of subcontractors, laborers, workmen, mechanics, material men and furnishers 'i machinery and parts thereof, equipment, power tools, and supplies, incurred in the performance of this cont �,1 and the project which is the subject matter of this contract. When Owner so desires, the Contractor shall furnist 12 H f 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 l__ It is hereby understood and mutually agreed by and between the Contractor and the Owner, that the date of beginning and time for completion as specified in the contract documents, of work to be done hereunder are essential conditions of this contract; and it is further mutually understood and agreed that the work embraced in this contract shall be commenced as provided in the contract documents. If the Contractor should neglect, fail, or refuse to substantially complete the work within the time herein specified, then the Contractor does hereby agree as part of the consideration for the awarding of this contract, the Owner 13 may withhold permanently from Contractor's total compensation, the sum of $60(SIXTY) PER DAY, not a penalty, but as liquidated damages for the breach of the contract as herein set forth for each and every worki , day that the Contractor shall be in default after the time stipulated for substantially completing the work. It is expressly understood and agreed, by and between Contractor and the Owner, that the time for the substant 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 locali i, The amount is fixed and agreed upon by and between the Contractor and the Owner because the actual dama " 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, andJ4 expressly agreed to be not disproportionate to actual damages as measured at time of breach. L 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 Contrac 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 prose cuti shall be such that the work shall be substantially completed as a whole and in part, in accordance with t 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 Representati may direct the time and manner of constructing work done under this contract so that conflicts will be avoid 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 Representati schedules which shall show the order in which the Contractor intends to carry on the work, with dates at whi 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 11, this project, taking into consideration the average climatic range and industrial conditions prevailing in t locality, and has considered the liquidated damage provisions of paragraph 34 hereinabove set forth and express y agrees that it shall not be entitled to, nor will it request, an extension of time on this contract, except when 't work has been delayed by an act or neglect of the Owner, Owner's Representative, employees of the Owner i other contractors employed by the Owner, or by changes ordered in the work, or by strike, walkouts, acts of G 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 twe (20) calendar days of the occurrence of the event causing said delay. A failure by Owner's Representative fl 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 _ l 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 surd work, whether growing out of delays due to unusual and unanticipated circumstances, difficulties or delays! securing material or workmen, or any other cause or occurrence. No charge shall be made by the Contractor loi hindrance or delays from any cause during the progress of any part of the work embraced in this contract except where the work is stopped by order of the Owner or Owner's Representative for the Owner's convenience,' 1 which event, such expense as in the sole judgment of the Owner's Representative that is caused by such stoppa�4 shall be paid by Owner to Contractor. 14 38. OUANTITIES 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 i and according to this agreement, the attached specifications, plans, contract documents and requirements of Owner's Representative. 1 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 y 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 '4 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 { 15 _i Contractor up to and including the last day of the preceding month. The determination of the partial payment 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 ' the Owner's Representative's Certificate of Partial Payment, less 5% of the amount thereof, which 5% shall retained until final payment, and further, less all previous payments and all further sums that may be retained y Owner under the terms of the contract documents. An partial payment made hereunder shall not constitute a waiver b the Owner of an and all other rights Y P p Ym Y Y g 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 s 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 b substantially completed, the Owner's Representative and/or the Owner shall inspect the work and within said tint if the work be found to be substantially completed in accordance with the contract documents, the Owner' Representative shall issue to the Owner and Contractor a certificate of substantial completion. Notwithstandi -9 the issuance of a certificate of substantial completion, Contractor shall proceed with diligence to finally compl 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 fi completion has occurred. If the Owner's Representative determines final completion has occurred, Owne t.1 Representative shall so certify to the Owner. Upon certification by Owner's Representative of final completion, Owner shall pay to the Contractor on or before the 31 st working day after the date of certification of fi completion, the balance due Contractor under the terms of this agreement. Neither the certification of fi 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 warra or warranties implied by law or otherwise. r] 45. CORRECTION OF WORK Contractor shall promptly remove from Owner's premises all materials condemned by the Owner's RepresentatiJ on account of failure to conform to the contract documents, whether actually incorporated in the work or not, anc Contractor shall at its own expense promptly replace such condemned materials with other materials conformi to the requirements of the contract documents. Contractor shall also bear the expense of restoring all worki 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 Own 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 0- contract documents shall relieve the Contractor of responsibility for faulty materials or workmanship, Cr Contractor shall remedy any defects due thereto and pay for any damage to other work resulting therefrom, whic. shall appear within a period of one (1) year from the date of certification of final completion by Owner', Representative. I y 46. PAYMENT WITHHELD The Owner or Owner's Representative may, on account of subsequently discovered evidence, withhold or nullx-_ the whole or part of any certification to such extent as may be necessary to protect itself from loss on account of: 16 47. 48. LJI (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. 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. NON-COMPLIANCE AND/OR ABANDONMENT BY CONTRACTOR In case the Contractor should (1) abandon and fail or refuse to resume work within fifteen (15) calendar days after written notification from the Owner or the Owner's Representative, or (2) if the Contractor fails to comply with the written orders of the Owner's Representative, when such orders are consistent with this contract, then the Surety on the bond shall be notified in writing and directed to complete the work and a copy of said notice shall be delivered to the Contractor. In the event a bond is not required by law, or otherwise obtained by the Contractor, no further notice of such non-compliance to Contractor shall be required. After receiving said notice of abandonment or non-compliance , the Contractor shall not remove from the work any machinery, equipment, tools, materials or supplies then on the job, but the same, together with any materials and equipment under the contract for work, may be held for use on the work by the Owner or the Surety of the Contractor, or another contractor, in completion of the work; and the Contractor shall not receive any rental or credit therefore (except when used in connection with Extra Work, where credit shall be allowed as provided for under paragraph 24 of this contract); it being understood that the use of such equipment and materials will ultimately reduce the cost to complete the work and be reflected in the final settlement. In the event the Contractor, or Surety, whichever is applicable, should fail to commence compliance with the notice hereinbefore provided within ten (10) calendar days after service of such notice, and/or shall fail to proceed with diligence to complete the project as contemplated and in compliance with all terms and provisions of the contract documents, then the Owner may exercise any and all remedies available to it pursuant to law, contract, equity or otherwise, including, but not limited to, providing for completion of the work in either of the following elective manners: (a) The Owner may employ such force of men and use of machinery, equipment, tools, materials and supplies as said Owner may deem necessary to complete the work and charge the expense of such labor, machinery, equipment, tools, materials and supplies to said Contractor, and the expense so charged shall be deducted and paid by the Owner out of such moneys as may be due, or that may thereafter at any time become due to the Contractor under and by virtue of this Agreement. In case such expense is less than the sum which would have been payable under this contract, if the same had been completed by the Contractor, then said Contractor shall receive the difference. In case such expense is greater than the sum which would have been payable under this contract, if the same had been completed by said Contractor, then the Contractor and/or its Surety shall pay the amount of such excess to the Owner; or 17 (b) The Owner, under sealed bids, after notice published as required by law, at least twice in a newspap[- having a general circulation in the County of location of the work, may let the contract for the completi� ; 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 .- cost under this contract, such increase shall be charged to the Contractor and the Surety shall be a 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 Sur 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 provided in paragraph 44 hereinabove set forth, shall be issued. A complete itemized statement of the contr 1 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 } shall pay the balance due as reflected by said statement within 30 days after the date of certification _ completion. In the event the statement of accounts shows that the cost to complete the work is less than that which would h } 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 Own then all machinery, equipment, tools, materials or supplies left on the site of the work shall be turned over toU 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 designa hereinabove, and there remains any machinery, equipment, tools, materials or supplies on the site of the wo notice thereof, together with an itemized list of such equipment and materials shall be mailed to the Contract 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, s property shall be held at the risk of the Contractor and his Surety, if applicable, subject only to the duty of 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 den I from such sale to the credit of the Contractor and his Surety, if applicable. Such sale may be made at either pub F 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 Contrac or his Surety, if applicable, to their proper owners. [J The remedies provided to Owner by law, equity, contract, or otherwise, shall be cumulative, to the ext permitted by law. It is expressly agreed and understood that the exercise by Owner of the remedies provided 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 remedte� available to it, by law, equity, contract or otherwise, including but not limited to, liquidated damages, as provide 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' liable for any consequential, punitive or indirect loss or damage that Contractor may suffer in connection with project which is the subject matter of this contract. 50. BONDS ` The Contractor is required to furnish a performance bond in accordance with Chapter 2253, Government Code,_1P the amount of 100% of the total contract price in the event that said contract price exceeds $100,000 and Ie Contractor is required to furnish a payment bond in accordance with Chapter 2253, Government Code, in amount of 100% of the total contract price in the event that said contract price exceeds $50,000. All bonds shall 18 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 f the completion of the work Contractor shall remove all such debris and also its tools, scaffolding, and surplus materials and shall leave the work room clean or its equivalent. The work shall be left in good order and condition. In case of dispute Owner may remove the debris and charge the cost to the Contractor. 55. HAZARDOUS SUBSTANCES AND ASBESTOS Hazardous Substances (herein so called), as defined in the Comprehensive Environmental Response, Compensation, and Liability Act (42 U.S.C.S. §9601(14)) and the regulations promulgated thereunder, as same may be amended from time to time, hydrocarbons or other petroleum products or byproducts and/or asbestos, in any form, shall not (i) be utilized, in any way, manner or form, in the construction of, or incorporation into, the Project; or (ii) be brought upon, placed, or located, by any party, on the Project site, or any other property of the City, without the written consent of the Owner's Representative. If Contractor believes that the utilization of a Hazardous Substance, hydrocarbons or other petroleum products or byproducts and/or asbestos is necessary in the construction of the Project, or that it is necessary to place and/or otherwise locate upon the site of the Project or other property of the City, a Hazardous Substance, hydrocarbons or other petroleum products or byproducts and/or asbestos, Contractor shall notify the Owner's Representative, and request consent therefrom, at least twenty (20) days prior to such action. Owner's Representative may grant or deny the request of Contractor and provide whatever requirements such consent, if granted, is conditioned upon, in its sole and absolute discretion. If the request of Contractor is not granted, or otherwise not responded to, by Owner's Representative within five (5) days of the receipt of said request, said request shall be deemed to be denied. In the event Owner's Representative shall consent to the request of Contractor, Contractor shall be responsible for ensuring that all personnel involved in the Project are (i) trained for the level of expertise required for proper 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 19 asbestos; and (ii) are provided and utilize all protective equipment, including without limitation, perso protective gear, necessary to provide protection from exposure to Hazardous Substances, hydrocarbons or otl petroleum products or byproducts and/or asbestos. 56. NONAPPROPRIATION Y , All funds for payment by the City under this contract are subject to the availability of an annual appropriation this purpose by the City. In the event of non -appropriation of funds by the City Council of the City of Lubbo for the goods or services provided under the contract, the City will terminate the contract, without terminatetxi charge or other liability, on the last day of the then -current fiscal year or when the appropriation made for then -current year for the goods or services covered by this contract is spent, whichever event occurs first. If i any time funds are not appropriated for the continuance of this contract, cancellation shall be accepted by t j Seller on thirty (30) days prior written notice, but failure to give such notice shall be of no effect and the Ci 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 d _^ 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 ev such an audit by the City reveals any errors/overpayments by the City, Contractor shall refund the City the amount of such overpayments within thirty (30) days of such audit findings, or the City, at its option, reserves Ce right to deduct such amounts owing the City from any payments due Contractor. i DAVIS BACON WAGE DETERMINATIONS EXHIBIT A GENERAL DECISION: TX20100028 03/12/2010 TX28 Date: March 12, 2010 ( General Decision Number: TX20100028 03/12/2010 E' -' Superseded General Decision Number: TX20080028 State: Texas Construction Types: Heavy and Highway Counties: Ector, Lubbock, Midland, Potter, Randall, Taylor and Tom Green Counties in Texas. HEAVY (excluding tunnels & dams) and HIGHWAY PROJECTS (does not include building structures in rest area projects). Modification Number Publication Date 0 03/12/2010 * SUTX2004-001 11/09/2004 Rates Fringes Asphalt Distributor Operator...$ 9.25 0.00 Asphalt Heater Operator ........ $ 11.21 0.00 Asphalt paving machine operator$ 11.16 0.00 Asphalt Raker ..................$ 9.51 0.00 Broom or Sweeper Operator ...... $ 8.57 0.00 Bulldozer operator ...........$ 9.76 0.00 Carpenter ......................$ 12.61 0.00 Concrete Finisher, Paving ...... $ 13.26 0.00 Concrete Finisher, Structures..$ 11.20 0.00 Crane, Clamshell, Backhoe, Derrick, Dragline, Shovel Operator .......................$ 11.00 0.00 Electrician ....................$ 17.00 0.00 Form Builder/Setter, Structures$ 9.26 0.00 Form Setter, Paving & Curb ..... $ 9.82 0.00 Front End Loader Operator ...... $ 10.52 0.00 Laborer, common ................$ 8.51 0.00 Laborer, Utility ...............$ 10.46 0.00 Mechanic .......................$ 16.85 0.00 Motor Grader Operator Rough .... $ 11.75 0.00 Motor Grader Operator, Fine Grade ..........................$ 13.50 0.00 Planer Operator ................$ 13.36 0.00 Roller Operator, Pneumatic, Self -Propelled .................$ 7.67 0.00 Roller Operator, Steel Wheel, Flat Wheel/Tamping.............$ 8.06 0.00 Roller Operator, Steel Wheel, Plant Mix Pavement .............$ 7.50 0.00 Scraper Operator ...............$ 8.50 0.00 Servicer .......................$ 8.98 0.00 Slip Form Machine Operator ..... $ 13.64 0.00 Tractor operator, Pneumatic .... $ 12.00 0.00 Traveling Mixer Operator ....... $ 12.00 0.00 Truck driver, lowboy -Float ..... $ 12.67 0.00 Truck driver, Single Axle, Heavy ..........................$ 8.50 0.00 Truck driver, Single Axle, Light ..........................$ 8.08 0.00 Truck Driver, Tandem Axle, Semi -Trailer ...................$ 8.66 0.00 Welder .........................$ 15.25 0.00 Work Zone Barricade Servicer... $ 8.28 0.00 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)) . In the listing above, the "SU" designation means that rates listed under the identifier do not reflect collectively bargained wage and fringe benefit rates. Other designations indicate unions whose rates have been determined to be prevailing. 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. tWashington, DC 20210 ' 2.) If the answer to the question in 1.) is yes, then an interested party (those affected by the action) can request review and reconsideration from the Wage and Hour Administrator (See 29 CFR Part 1.8 and 29 CFR Part 7). Write to: Wage and Hour Administrator U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 The request should be accompanied by a full statement of the interested party's position and by any information (wage payment data, project description, area practice material, etc.) that the requestor considers relevant to the issue. 3.) If the decision of the Administrator is not favorable, an -- interested party may appeal directly to the Administrative Review Board (formerly the Wage Appeals Board). Write to: Administrative Review Board U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 4.) All decisions by the Administrative Review Board are final. END OF GENERAL DECISION 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 i The rate for legal holidays shall be as required by the Fair Labor Standards Act. SPECIFICATIONS 1 li m - CITY OF LUBBOCK PUBLIC WORKS ENGINEERING STANDARD PAVING SPECIFICATIONS, October 1, 2009 CA CITY OF LUBBOCK PUBLIC WORKS ENGINEERING STANDARD PAVING SPECIFICATIONS TABLE OF CONTENTS SECTION PAGE NUMBER 1.1 GENERAL 5 1.2 Specifications 5 1.3 Warranty and Acceptance 6 -, 1.4 Testing and Inspection 6 1.5 Cleanup and Site Restoration 6 1.6 1.7 Notification of Property Owners Protection of Utilities and Irrigation Systems 7 7 p 1.8 Water for Construction 7 2.1 CONCRETE 8 a 2.2 Classification 9 2.3 Mix Design 9 ^ 2.4 Strength Requirements 10 2.5 Cement 10 2.6 Aggregate 11 2.7 Flowable Fill 12 2.8 Water 12 2.9 Admixtures 12 2.10 Reinforcing Materials 12 2.11 Joints 13 2.12 Joint Sealing Materials 14 2.13 Curing Compounds 14 2.14 Forms for Concrete 14 2.15 Placing and Finishing Concrete 15 3.1 SUBGRADE 16 4.1 FLEXIBLE BASE CALICHE 17 4.2 4.3 Materials Tests Flexible Base Construction 17 18 2 5.1 ASPHALT STABLIZED BASE (ASB) 18 5.2 ASB Mix design 19 5.3 Placing ASB. 20 5.4 ASB Compaction 20 5.1 HOT MIX ASPHALT CONCRETE SURFACE (HMAC) 20 5.2 Thickness of HMAC Surface 21 5.3 Mix Design 22 5.4 Coarse Aggregate 23 5.5 Fine Aggregate 24 6.6 Asphalt 24 6.7 Production and Placement of HMAC 24 6.8 Compaction 26 6.9 Prime and Tack Coats 27 6.10 Emulsified Asphalt Sealer 27 6.11 Release agents 27 6.12 Sampling of HMAC 28 7.1 STORM SEWER 28 7.2 Reinforced Concrete Pipe 28 7.3 Mortar 28 7.4 Preformed Bituminous Gasket Joints 29 7.5 Manholes 29 7.6 Manhole Frames and Covers 30 7.7 Construction Methods 30 7.8 Excavation 31 7.9 Pipe Installation 32 7.10 Backfilling 33 7.11 Trench Protection 34 8.1 FENCES 35 9.1 SALVAGE OF ASPHALT PAVING 35 10.1 BARRICADES 35 11.1 PROSECUTION OF THE WORK AND WORKING DAYS 36 11.2 Working Days Definition 36 11.3 Work Between November 1 and January 2 37 12.1 MEASUREMENT AND PAYMENT 37 12.2 Curb and Gutter 38 12.3 Concrete Flat Slabs 38 12.4 Curb Ramps 38 12.5 Concrete Drainage Channel 35 12.6 Retaining Wall or Curb on Drain Channel or Curb Ramp 39 12.7 Concrete Median 39 12.8 Concrete Street Paving 39 12.9 Sawing and Sealing Joints 39 12.10 Storm Sewer Inlet Boxes and Manholes 40 12.11 Headwalls 40 12.12 Storm Sewer Pipe 40 12.13 Extra Vertical Feet of Manhole 40 12.14 Curb and Gutter Removal 40 12.15 Concrete Slab Removal 41 12.16 2 Sack Flowable Fill 41 12.17 Asphalt Paving 41 12.18 Asphalt Paving Repair 41 12.19 Excavation and Grading 42 12.20 Ditch Grading and Unpaved Street Surface Grading 42 13.1 STANDARD DETAILS 43 Street Crown Elevations Typical Asphalt Street Cross -sections Typical 24 inch Curb and Gutter Typical 30 inch Curb and Gutter Concrete Valley Gutter Alley Return and Alley Paving Tee Alley Typical Handicap Ramp 4 _1 CITY OF LUBBOCK PUBLIC WORKS ENGINEERING STANDARD PAVING SPECIFICATIONS 1.1 GENERAL The construction and materials for any City of Lubbock Public Works Engineering project shall conform to the following specifications and associated plan sheets. Any construction or materials failing to meet the requirements of these specifications or the plan sheets shall be removed and replaced at the Contractor's expense. No consideration will be given to requests for reduced payments, except as specified or extended warranties for construction or materials not in conformance with these specifications or the plan C i sheets. The Engineer may require certificates from manufacturers certifying that materials or equipment to be incorporated into the work meet these specifications. Material Safety - ( Data Sheets (MSDS) shall be required on all materials. All materials or equipment shall be subject to approval by the Engineer before being incorporated into any project. After II approval, the source and/or character of materials shall not be changed without written l authorization by the Engineer The term Engineer used in these specifications may refer to the City of Lubbock City Engineer or an individual designated by the City Engineer to administer these specifications and associated plans. 1.2 SPECIFICATIONS Any references to these specifications, ASTM, AASHTO, TxDOT, or other designated tests, procedures, quality standards, or requirements which are included in these specifications or any associated plans shall be the latest edition and revision thereof. When information indicated on plan sheets is different from these specifications, the information on the plans shall govern. 1.3 WARRANTY AND ACCEPTANCE All equipment, materials, and construction incorporated into any project covered by these specifications shall be guaranteed against defective material and workmanship. Prior to final acceptance, the contractor shall furnish to the Engineer, a Maintenance Bond which shall provide that the contractor shall remedy any defects in the work, and pay for any and all damages of any nature whatsoever resulting in or from such defects when such defects appear within one year from the date of acceptance of the work. The determination of the necessity during the warranty period for the contractor to repair or replace the work in whole or in part shall rest with the Engineer. 1.4 TESTING AND INSPECTION All work shall be inspected and/or tested by a representative designated by the Engineer, who shall have the authority to halt construction when, in his opinion, construction is being performed contrary to these specifications or associated plans. Whenever any portion of these specifications or associated plans is violated, the Engineer may order that portion of construction that is in violation to cease until such violation is corrected. Contractor shall cooperate with the Engineer in providing for sampling and testing procedures, in the event City tests indicate out of specification materials, additional tests may be provided by the contractor at his expense. Conflicting tests provided by the contractor will not automatically be considered as compliance with specifications, but will be considered only as additional information to be used by the Engineer to determine the compliance of the material or construction in question. The testing and inspection provided by the City is intended only to verify that materials and construction comply with plans and specifications. The City's testing and inspection are not intended to replace the contractor's responsibility to comply with the specifications. With respect to new material sources, or where the City lab has determined materials do not meet specifications, the City will not re -test until the contractor has provided his own testing to demonstrate the materials and construction are in compliance with the plans and specifications. Upon completion of construction, the contractor shall flood all paving improvements within the project. Any improvements holding water one quarter inch or more in depth, or extending more than 10 feet in length shall be removed and replaced. 1.5 CLEANUP AND SITE RESTORATION After any construction covered by these specifications is completed, the Contractor shall remove all equipment, surplus materials, and rubbish from the site. The contractor shall restore all disturbed areas to their original condition satisfactory to the Engineer. 1.6 NOTIFICATION OF PROPERTY OWNERS The contractor shall be responsible for maintaining positive communication with adjacent property owners. The contractor shall notify all affected property owners with respect to pending construction, restricted access, and driveway locations. 1.7 PROTECTION OF UTILITIES AND IRRIGATION SYSTEMS The plans show only approximate locations of utilities as obtained from various utility companies. It is not implied that all utilities or accurate locations are shown on the plans. It is the contractor's responsibility to familiarize himself with all utilities and locations. The contractor shall comply with all laws, ordinances, and regulations with respect to utility notification and protection, including Underground Facility Damage Prevention Notification Centers. The contractor shall call DIG TESS 1-800-545-6005 and provide time for all utilities to be identified prior to construction. On all projects the contractor shall exercise care not to damage any sanitary sewer pipe, manholes, storm sewers, water lines, valves and boxes, communication cables, power cables, gas lines, nor any other pipe or utility. The contractor will be responsible during the construction period for damages to any utilities. Irrigation systems affected by construction shall be properly repaired with materials equal the existing system. The repairs shall be pressure tested to the satisfaction of the Engineer prior to being covered. 1.8 WATER FOR CONSTRUCTION The City will not furnish water at no charge for construction. To use City water for construction the contractor shall acquire a water meter for use on a City fire hydrant, and will be charged the applicable rate for the quantity of water used. The contractor shall contact Lubbock Power and Light Customer Service Department (775-2509) and establish a utility account. The contractor must pay the current deposit for a fire hydrant meter. After the account is established and the deposit is paid, the contractor may pick up a meter from the City Water Department at 600 Municipal Drive. Fire hydrants shall be operated only by use an approved fire hydrant wrench. No pipe wrenches, or other unapproved devices, shall be used to open and close a fire hydrant. For top loading trucks or containers the contractor shall provide a back flow prevention assembly on the discharge side of the meter. The backflow prevention assembly shall be in the form of two spring loaded ball check valves. When filling the truck or container t there shall be an air gap of at least two times the opening diameter of the truck or container. i j 7 For bottom loading trucks the contractor shall provide a Reduced Pressure Zone (RPZ) type backflow prevention assembly. All Reduced Pressure Zone type back flow prevention assemblies must be tested, and the test results approved by the City prior to use. The test results shall be sent to the City of Lubbock Water Utilities Department, Meter and Customer Service Supervisor for approval. In accordance with City of Lubbock Ordinance No. 10208 "Pertaining to Backflow Prevention", the City representatives are authorized to suspend water use from a fire hydrant by a contractor until the proper and correct backflow prevention devices are installed. 2.1 CONCRETE These specifications shall govern Portland cement concrete used for curb and gutter, valley gutters, alley paving, sidewalks, street paving, drainage channels. The concrete shall be produced at a Ready -Mix Concrete Batch Plant conforming to ASTM C 94. The concrete shall be transported to the project location in approved Revolving Drum Agitator Trucks, and shall be placed within one hour of mixing time. The concrete shall be continuously mixed during transit. No patching of any nature shall be allowed in repairing any damage to concrete improvements. Where damage occurs, the section shall be removed to the nearest joints and shall be replaced with new construction. Small cracks with no evidence of displacement may be repaired with epoxy, only where approved by the Engineer. All concrete shall have 5%, minus 1.5% to plus 3%, air entrainment in conformance with ASTM C 260. All concrete street pavement shall include proper jointing as determined by the Engineer and a minimum reinforcement of number 4 bars on 18" centers both ways, or as indicated on plans. When delivered to the jobsite each truck shall provide the load ticket indicating weights of all concrete ingredients, including cement, aggregates, water, and admixtures. 2.2 CLASSIFICATION The following City of Lubbock classes of concrete shall be used: Class A Curb and gutter, sidewalks, curb ramps, drainage channels, medians, inlet boxes, headwalls, junction boxes, driveways, and retaining walls. Class B Valley gutters and fillets, alley returns, and alley paving. Class C Concrete street pavement. Class D Utility encasements Class E Fast setting concrete pavement such as "Fast Track" Concrete Pavement or, other special design. 2.3 NIIX DESIGN Twenty to thirty days prior to beginning any concrete construction the contractor shall submit the following to the Engineer for approval: 1. Test certificates from an approved commercial testing laboratory on all proposed aggregate. Certificates shall indicate material source, gradation, and loss from 5 cycle Magnesium Sulfate or Sodium Sulfate test (not to exceed 18%) 2. A mix design based on water -cement ratio. 3. Results of compression tests in conformance with ASTM C 39 and/or flexural tests in conformance with ASTM C 78, made by an approved commercial testing laboratory. Tests shall be made on 6 cylinders and/or 6 beams at curing times appropriate to the class of concrete. y :J r� I " The City Engineer will approve or reject the mix design and materials based on these submittals. This approval shall be subject to additional testing during construction. Mix designs for various classes of concrete shall conform to the following: Minimum Sacks Maximum Gal Maximum Slump Class Cement per CY Water per Sack Inches A 5.0 6.5 5 B 5.5 5.5 5 C 6.0 6.0 3 D 4.5 6.5 5 E 7.0 5.0 As specified by concrete batch plant 2.4 STRENGTH REQUIREMENTS The various classes of concrete shall conform to the following minimum strengths in psi as determined by the average of two test cylinders or beams. When cores are subsequently used to prove compressive strength where test cylinders indicate failures, the cores will be tested in accordance to ACI C42. The required compressive strength shall be increased by 10%. COMPRESSIVE FLEXURAL Class 3 Dav 7 Dav 28 Dav A - 2100 3000 - B 2500 3000 - - C - 2500 3600 600 (28 day) D - - 2500 - E 3000 psi at 24 hours 2.5 CEMENT Cement shall be Type I, Type II, or Type III cements, conforming to ASTM C 150 "Standard Specification for Portland Cement". 1-1 f; L 10 2.6 AGGREGATE Concrete aggregate shall consist of natural, washed and screened sand, and washed and screened gravel or clean crushed stone conforming to ASTM C 33. The aggregates shall be well graded from coarse to fine with amaximum size of 1-1/2 inches, and shall conform to ASTM C 136. All aggregate shall be free injurious amounts of clay, soft or flaky materials, loam, organic impurities, or other deleterious materials. Coarse aggregate for Class C or E concrete shall be crushed limestone (Brownwood type or equivalent). Crushed gravel will be allowed if on the TxDOT Quarterly Monitoring Program, or if specifically approved by the engineer. Fine aggregate shall be graded from fine to coarse and shall conform to ASTM C 136. The gradation for aggregate shall meet the following requirements by weight: FINE AGGREGATE COARSE AGGREGATE Sieve Percent Retained Sieve Percent Retained 3/8 inch 0 1-3/4 inch 0 No. 4 0-5 1-1/2 inch 0-5 No.16 20-55 3/4inch 10-40 No. 30 45-75 1/2 inch 40-75 No. 50 70-90 No. 4 95-100 No. 100 98-100 Aggregate Quality Requirements shall comply with TxDOT Item 302 as follows: Deleterious Material 2.0% maximum Decantation 1.5% maximum Flakiness Index 17 maximum Magnesium Sulfate Soundness 25% Stockpiles shall be protected from dusty conditions by drift fences or other methods approved by the Engineer. Stockpiling methods used shall not allow aggregate to roll down the slope as it is added to existing stockpiles. Stockpiles shall be built in layers of uniform thickness. Equipment shall not be permitted to operate over the same lift repeatedly. 2.7 FLONVABLE FILL Flowable fill shall consist of a concrete mixture of pea gravel and sand with a cement content of 2 sacks per cubic yard. Flowable fill shall be used for backfill in all utility ditches within the right of way, and other areas as specified. Utility ditches in existing paved streets shall be backfilled with flowable fill from the bottom of the ditch to the paving surface. Use of concrete in place of flowable fill is not acceptable, and if used in place of flowable fill shall be removed by the contractor at his expense. 2.8 WATER Water shall be clean, clear, free from oil, acid or organic matter and free from injurious amounts of alkali, salts, or other chemicals and shall conform to AASHTO T26. 2.9 ADMIXTURES Admixtures may be applied to the concrete mix design when approved by the Engineer to achieve any desired special properties. Chemical admixtures shall conform to ASTM C 494. Chemical admixtures shall not be used as a substitute for Cement. Mineral admixtures such as Class C Ash and Natural Pozzolans in conformance with ASTM C 618 may be used with Types I, II, and III, Portland Cement. When fly ash is permitted to be used, "cement" in relation to mix design shall be defined as "cement plus fly ash". Fly ash may constitute a maximum of 30% by weight of the cement. 2.10 REINFORCING MATERIALS GENERAL - All concrete, including curb and gutter, shall incorporate wire mesh or fiber reinforcement, and/or other reinforcement as indicated on plan sheets. Metal reinforcement shall be grade 40 (40KS1) unless indicated otherwise on plan sheets. All steel reinforcing materials shall be securely held in proper position with devices appropriate to the type of reinforcement used, subject to approval by the Engineer. STEEL - Wire mesh shall conform to ASTM A 185, and shall be 6"x 6"-10 gauge welded wire fabric, or size as indicated on plan sheets. Reinforcing bars shall be open-hearth basic oxygen or electric furnace new billet steel manufactured in accordance with ASTM 12 A 615 and ASTM A 305. Steel reinforcing materials stored at any location shall be protected from accumulations of grease, mud or other foreign matter, and rust producing materials. When incorporated into construction steel reinforcement shall be free from rust, scale, oil, mud, and structural defects. Dowels for slip joints shall be smooth plain round bars free from burrs, rough surfaces, and deformations. Sleeves or wrapping shall be as indicated on plan sheets. Chairs shall be used to support the reinforcing steel in the correct position while concrete is being placed. Chairs shall be made of plastic (preferred) or steel, and shall be of adequate size to positively hold the reinforcing materials in position. FIBER - Fiber reinforcement may be used in place of wire mesh only if approved by the City Engineer. Fiber reinforcement shall be either 100% virgin polypropylene, collated, Fibrillated fibers specifically manufactured for use as concrete reinforcement, containing no reprocessed olefin materials, or steel fibers equivalent to Novocon Xorex. The r quantity of fiber reinforcement used shall be 1.5 pounds per cubic yard, or as recommended by the fiber manufacturer. The minimum physical characteristics on the fiber shall be as follows: Specific Gravity 0.91 P Tensile Strength 70,000 psi to 110,000 psi Length 3/4" 2.11 JOINTS Curb and gutter (Class A concrete) shall be constructed with an expansion joint at the tangent point of each return at intersections and at intervals not more than 40 feet between the intersections. The 40 foot intervals may be omitted for machine placed curb and gutter. Construction joints formed by removable metal templates accurately shaped to the cross-section of the curb and gutter shall be located at the midpoint of each section between expansion joints, or as directed by the Engineer. Tooled contraction joints, cut at least one quarter the concrete depth, shall be placed at 10 foot intervals. Alley paving (Class B concrete) shall be constructed with an expansion joint at each cold joint. Tooled contraction joints, cut 3/4 inch wide 1-5/8 inch deep, shall be placed at 13 foot intervals. Alleypaving contraction shall be sealed with an asphaltic sealer. p g J p Street Paving (Class C or E concrete) shall be constructed with contraction and expansion joints as indicated on plan and detail sheets. Unless otherwise specified, the joints shall be sawed 1 /2 inch wide and to depth equal to 1 /4 of the pavement thickness plus one half inch. Joints shall be saw cut within 12 hours of placement of the concrete paving. The joints shall be sealed with an elastomeric system as specified in section 2.12. 13 Valley gutters and fillets shall be constructed A.�nth tooled construction joints. The joints shall be sealed with an eastomeric system as indicated in section 2.12. 2.12 JOINT SEALING MATERIALS Bituminous premolded expansion joint material shall conform to ASTM D I751, and shall be placed as indicated on plan sheets or elsewhere in these specifications. Elastomeric sealant for contraction joints shall be, or shall be equivalent to, W.R. Meadows "SOF-SEAL", W.R. Meadows #158 cold applied, or "GARDOX" as required by plan sheets. Hot poured sealant for joints between Portland cement concrete and Bituminous concrete shall conform to ASTM. D 3405. Hot poured joint sealant for all other joints in Portland cement concrete pavement, shall conform to ASTM. D 3406. Cold poured joint sealant shall conform to ASTM C 920. Elastomeric joint sealant shall be mixed and applied in accordance with the manufacturer's recommendations. Prior to application, joints shall be cleaned by sandblasting and otherwise prepared so that the sealant adheres to the surfaces to form an effective seal against moisture and solid particles. The sealant shall be a soft, highly flexible, rubber like material after curing which shall not track, flow, crack, or break when exposed to hot and cold temperature extremes typical of local conditions. Backer rod used with elastomeric sealant shall be 25% greater in diameter than the joint width. It shall be made of polyethylene foam or other material as recommended by the sealant manufacturer. Compression of the backer rod material shall be approximately 25% shrinkage at 8 psi applied stress. The material shall not melt, shrink, evaporate, or absorb water, and shall be compatible with the application of the sealant to be used. 2.13 CURING COMPOUNDS All fresh concrete surfaces shall be completely painted with a liquid membrane forming curing compound and the application shall conform to DMS - 4650 and TxDOT Item "Concrete Structures - Curing Materials". No other methods of moisture retention on fresh concrete shall be used unless specifically approved by the Engineer. 2.14 FORMS FOR CONCRETE Forms for concrete construction shall be set to the lines and grades established by the Engineer after subgrade has been prepared. The forms shall be held together and in place in such a manner that they will not move during the placing and working of the concrete. The forms shall be cleaned and oiled prior to placing concrete. t- 14 1._ Face forms and construction joints (removable metal plates) shall be set to hold the concrete in place until it is to be finished. Forms that are warped or damaged in any manner so as to make them unacceptable to the Engineer shall not be used. Forms for radii shall be set in the same manner as straight forms, and shall be set to produce curves true to the plans. Face forms will not be required for curb and gutter on radii if a true section can be obtained by other methods acceptable to the Engineer. 2.15 PLACING AND FINISHING CONCRETE Placing of concrete shall not start before sunrise, and shall stop one hour before sunset. Concrete shall be placed as close to its proper location as practical. Sufficient concrete shall be placed to allow for shrinkage and extra material for finishing. The concrete shall be floated and troweled to the approximate section. No water shall be added during placement or finishing of any concrete, unless specifically authorized by the Engineer. When water is needed for finishing purposes it must be dispensed by a pressurized canister with a misting nozzle. For curb and gutter removal of face forms and finishing shall be started after a partial set occurs. For all concrete construction approved forms, templates, and tools shall be used to form the cross -sections indicated on plan or detail sheets. Concrete shall not be placed when the ambient temperature is below 40 degrees F or if sustained winds are 25mph or higher as determined by the National Weather Service continuous broadcast, 748-1071 selection 2. If, while pouring concrete, the sustained winds exceed the 25mph all placement operations will cease immediately. Concrete shall not be placed on frozen subgrade. The contractor shall have available sufficient covering material, approved by the Engineer, to immediately protect concrete should the air temperature fall below 33 degrees F. This protection shall remain in place as long as the temperature continues below 32 degrees, to a maximum of 5 days. No salt or other chemical admixtures shall be added to the concrete to prevent freezing. All concrete placed for pavement shall be consolidated by use of mechanical vibrators approved by the Engineer and designed to vibrate the concrete internally. Vibrators shall be operated in a manner not to interfere with joints, and shall not come in contact with forms. The surface of concrete street paving shall incorporate a tined finish. All other concrete surfaces shall be completed with a light broom finish. When forms are used for concrete paving the forms must stay in place for 3 days or until the concrete reaches 2400 psi. Wreck sets will be made by the City of Lubbock inspectors. Finished concrete surfaces shall not have irregularities in excess of 1/8 inch when tested with a 10 foot straightedge. Prior to acceptance, the contractor shall apply sufficient water to all concrete and paving to determine locations of ponding. Ponded areas shall be 15 4.3 FLEXIBLE BASE CONSTRUCTION Areas behind curbs shall be backfilled and leveled with approved topsoil prior to placing base material. Approved flexible base material shall be hauled in vehicles of uniform capacity and dumped evenly along the project length for processing and compaction. Processing shall be accomplished in multiple lifts of 3 inches compacted thickness. Each course shall be wetted and rolled with a pneumatic roller as required to produce a uniform compaction of 100% minimum of Standard Proctor Density with a moisture content of I % above to 2% below optimum. Densities will be taken by The City of Lubbock inspection staff. At any time the Engineer may require proof rolling with a 25 ton pneumatic roller to ensure uniform compaction of base. Processing for compaction of caliche base with a sheep's foot type roller will not be permitted. The base shall be maintained by blading, watering, or other methods until the wearing surface is placed. Windrow caliche shall not be removed until the base has passed finish inspection. Base which becomes wet, or other wise altered, may be subject to retesting and reprocessing as determined by the Engineer. The compacted flexible base shall be finished and shaped immediately preceding the application of the surface treatment. All loose or unconsolidated material shall be removed and the surface moistened and rolled with a steel wheel roller. All irregularities, depressions, or weak spots which develop shall be corrected by scarifying, adding or removing material as required, reshaping, and recompacting, or other methods approved by the Engineer. Any deviation in the surface of the finished base in excess of 3/8 inch from the established grade or true cross-section, using a 10 foot long straight edge, shall be corrected as provided above. 5.1 ASPHALT STABILIZED BASE (ASB) Asphalt stabilized base shall consist of a compacted mixture of graded gravel aggregate (caliche is not an acceptable aggregate for ASB) and asphalt cement mixed hot in a mixing plant in accordance with these specifications. The contractor's plant and equipment are subject to approval by the Engineer, and shall be appropriate and in suitable condition to produce the base material consistently in compliance with these specifications. In place compaction control is required for all ASB. Locations of Cores, when required,_ will be determined by City of Lubbock personnel and marked. The ASB will be cored by the City inspection staff to determine composition, compaction, thickness, and density. The contractor shall replace the pavement removed from core holes at no cost to the City. _ 3 ASB found to be deficient in composition, compaction, thickness, or density shall be corrected at the contractor's expense as directed by the Engineer. 18 5.2 ASB MIX DESIGN ASB shall be designed in accordance to TXDOT 340 specifications Type B (fine base) using the Texas gyratory compaction method (TX206-F).The contractor shall provide a current mix design, less than one year old, using the approved materials indicating gradation and optimum asphalt content. The aggregate mixture shall conform to the following master gradation: Sieve Size I" 3/4" 3/8 #4 #8 #30 #50 #200 VMA % Passing by Weight: 0 98-100 60-80 40-60 2943 13-28 6-20 2-7 12% plant Material passing the #40 sieve shall be known as soil binder and shall meet the following requirements: Liquid Limit shall not exceed 45 Plasticity Index shall not exceed 15 Linear Shrinkage shall not exceed 5 The mineral aggregate shall not contain more than 0.5% moisture prior to entering the pugmill for mixing with asphalt. The ASB mixture shall consist of a uniform mixture of mineral aggregate and asphaltic material. The mineral aggregate shall conform to the gradation requirements specified. Optimum asphalt shall be determined in accordance with design method TX204-F, with a target density of 96.5% lab molded density. Asphalt content tolerances will be plus or minus .3%. Outside these parameters corrective action must be taken immediately, over .5% shall require immediate cease of production. No more than 20% RAP will be allowed in ASB designs. The percent asphaltic material shall be determined in accordance with Test Method Tex.-236F. Asphalt for the mixture shall meet the requirments of TxDOT Item "Asphalt, Oils, and Emulsions", and must be a performance graded (PG) 70-28 or better. The grade of asphalt and source must be approved by the Engineer prior to use. The contractor shall submit the mix design prepared by a qualified lab for approval by the Engineer. The Engineer will approve the asphalt content to be. used in the mixture after design tests have been made with the aggregate to be used. The asphalt content of the Job- Mix Formula during production shall not vary from the design more than 0.3% dry weight based on total mixture. 1 '1 19 �.y 5.3 PLACING ASB Asphalt Stabilized Base shall be placed and compacted in 3 inch lifts to form the specified thickness of compacted base, unless otherwise directed by the Engineer. Prior to placing ASB, the subgrade shall be prepared as previously specified. The cross-section shall be constructed to form the specified crown on the HMAC surface at the centerline of the street, or as indicated on the plans. ASB shall not be placed when the air temperature, as reported by the National Weather Service 748-1071 selection 2, less than 50 degrees F ambient or 60 degrees surface temperature. During June, July, and August ASB shall be placed at a temperature between 255 and 285 degrees F. During other months ASB shall be placed at a temperature between 275 and 325 degrees F. Any ASB material that is above, or below the specified temperature range may be rejected by the engineer. No payment will be made for any rejected material. Any ASB material that is rejected shall be disposed of at a location observed and approved by the engineer's representative. The ASB material shall be laid on the approved prepared surface using an approved laydown machine. The material shall be placed in such a manner that when properly compacted the finished course is smooth, of uniform density, and in conformance with the cross -sections and grades shown on the associated plans. 5.4 ASB COMPACTION The ASB shall be compacted thoroughly and uniformly with approved rollers to a density consistently between 92% and 95% (but must be between 90% and 97%) of the theoretical maximum gravity with a lab molded target of 96.5% plus or minus 1 %. All results will be calculated using the maximum theoretical Rice gravity. Lab molding will take place in accordance to the asphalt manufacturer's recommended temperature. Rolling patterns shall be set by using a thin lift nuclear gauge in order to ensure maximum compaction. All roller marks shall be removed and compaction completed prior to the ASB mixture cooling below 185 degrees F. 6.1 HOT MIX ASPHALT CONCRETE SURFACE (HMAC) Hot mix asphalt concrete surface shall consist of a minimum of one and one half inch thick compacted mixture of coarse aggregate, fine aggregate, mineral filler and asphalt cement mixed hot in a mixing plant in accordance with these specifications. Unless otherwise specified, the materials and construction shall conform to TxDOT Item 340 Dense Graded Hot Mix Asphalt Method. 20 r Mix designs will be in accordance %rith TX204-F with a lab molded density of 96.0% using the Texas gyratory compaction method. With a target VMA (voids in mineral aggregate) to be determined according to type of HMAC utilized. New designs shall be submitted annually, or when material properties change. The contractor's plant and equipment are subject to approval by the Engineer, and shall be appropriate and in suitable condition to produce the HMMAC surface consistently in compliance with these specifications. Approval of the source and character of the materials shall be obtained from the Engineer prior to use. The combined mineral aggregate, after final processing by the mixing plant and prior to addition of asphalt and mineral filler, shall have a sand equivalent value of not less than 45 when tested in accordance with Test Method Tex 203-F. The percent of flat and elongated slivers of stone for any aggregate shall not exceed 25% when tested in accordance with Test Method Tex 224-F. Asphaltic mixtures with aggregates which exhibit stripping characteristics shall be conditioned with either lime in accordance with DMS-6350, or liquid anti -stripping agent approved by the Engineer. Anti -stripping agents shall meet requirements of TXDOT Item "Asphalt Anti -stripping Agents", and shall be added at the manufacturer's recommended dosage and temperature range. Core locations will be marked and cored at random locations by the City of Lubbock personnel. Cores must be at least 1-'/a" prior to being trimmed. A minimum of 2 cores/600' block will be taken to determine compaction, thickness, and density. Cores will be taken in pairs and averaged to determine the percent air voids based on the theoretical maximum gravity. HMAC surface found to be deficient shall be corrected at the contractor's expense as directed by the Engineer. The contractor shall replace the pavement removed from core holes immediately after testing at no cost to the City. 6.2 THICKNESS OF HMAC SURFACE The thickness of HMAC surface shall be a minimum of one and one half (1-1/2) inches, unless otherwise indicated on plans. If only one core measures zero to 1/4 inch less than required thickness no corrective action shall be required. If two or more cores measure at least 1 /4 inch less than the specified thickness, the HMAC surface shall be considered deficient with respect to thickness. Additional cores will be taken at 25 foot spacing to define the limits of deficiency. No additional compensation will be made to the contractor for thickness of HMAC surface greater than specified. The paving surface shall not have variations exceeding 1/8 inch between any two contact points on a 10 foot straightedge. Defects shall be remedied as directed by the engineer 'f 21 Ir using methods specified in TXDOT Item 585 Ride Quality for Pavement Surfaces, Type A. 6.3 MIX DESIGN The contractor shall provide a current HMAC mix design using the approved materials, indicating gradation and optimum asphalt content as determined by Test Method Tex 204f. The aggregate mixture shall conform to the following master gradation: Tvae "C" (Coarse Graded Surface Course - Streets Pareater than 36 feet wide Percent passing 7/8" 100 Percent passing 518" 95-100 Percent passing 3/8" 70-85 Percent passing No. 4 43-63 Percent passing No.10 30-40 Percent passing No. 40 10-25 Percent passing No. 80 3-13 Percent passing No. 200 1-6 VMA Design Minimum 14% Plant Produced Minimum 13% Type "D" ( Fine Graded Surface Course - Streets 36 feet or less wide) Percent passing 5/8" 100 Percent passing 3/8" 85-100 Percent passing No. 4 50-70 Percent passing No.10 30-40 Percent passing No.40 11-26 Percent passing No. 80 4-14 Percent passing No. 200 1-6 VMA Design Minimum 15% Plant Produced Minimum 14% Lab molded density will be plus or minus 1.0% of design before corrective action is required. Plus or minus 1.5% will require immediate cease in production operations with removal and replacement of HMAC laid at that location. Production will cease until which time the contractor has sufficiently proven they have taken corrective actions. Asphalt content will be plus or minus 0.3% before corrective action is required. Plus or minus 0.5% will require immediate cease in production operations with removal and replacement of HMAC laid at that location. Production will cease until which time the contractor has sufficiently proven they have taken corrective actions. 22 Material passing the No. 40 sieve shall be known as soil binder and shall meet the following requirements; Liquid Limit shall not exceed 45 Plasticity Index shall not exceed 15 - Linear Shrinkage shall not exceed 5 The mineral aggregate shall not contain more than 0.5% moisture prior to entering the pugmill for mixing with asphalt. The HMAC mixture shall consist of a uniform mixture of mineral aggregate and asphalt material. The contractor's materials and mix design shall meet all the performance criteria addressed in these specifications. 6.4 COARSE AGGREGATE Only coarse aggregate approved for usage must be on the TXDOT source rating catalog. The coarse aggregate shall be the material retained on a No. 4 sieve, and shall consist of clean, washed, tough, durable fragments of crushed stone of uniform quality. Mixing or combining of crushed gravel and crushed stone will not be permitted. Coarse aggregate shall be crushed to the extent that produces a minimum. of 80% crushed faces for both Type "C" HMAC, and Type "D" HMAC, when tested in accordance with Test Method Tex -460-A Part I "Determination of Crushed Face Count". Decantation will be a maximum of 1.5%. Deleterious will be a maximum of 1.5%. Coarse aggregate shall have a maximum loss of 20% when subjected to 5 cycles of the Magnesium Sulfate Soundness Test ASTM C-88. The amount of organic matter, clays, loams, or particles coated therewith, or other undesirable materials shall not exceed 1.5 percent. When subjected to the Los Angeles Abrasion Test, the coarse aggregate shall not have a loss greater than 40 percent by Nveight. 23 6.5 FINE AGGREGATE The fine aggregate is defined as that part of the aggregate passing the No. 10 sieve and shall be of uniform. quality throughout. A maximum of 15% of the total virgin aggregate may be field sand or other crushed fine aggregate. Screenings shall be of the same or similar material as specified for coarse aggregate. Linear shrinkage shall be a maximum of 3% Mineral filler shall consist of thoroughly dry stone dust, slate dust, Portland cement or other material dust approved by the Engineer. The mineral filler shall be free of foreign and other injurious matter and shall meet the following gradation: Percent passing on No. 30 Sieve 95-100 Percent passing on No. 80 Sieve 75 minimum Percent passing on No. 200 Sieve 55 minimum 6.6 ASPHALT Asphalt shall be a Performance graded (PG) 70-28 or better, unless otherwise shown on plans. The contractor shall notify the Engineer of the source of asphaltic material for approval prior to production of the asphaltic mixture. Optimum asphalt content will be determined by Test Method TEX 204-F. The contractor may select a JMF asphalt content which yields 96% compaction provided it is within 0.3% of the design. Asphalt content will be plus or minus 0.3% of design during production. When asphalt content falls outside these parameters immediate action is required. If at anytime the asphalt content falls to .5% immediate cease in production will take place until which time the contractor has provided sufficient evidence of the problem being corrected. 6.7 PRODUCTION AND PLACEMENT OF HMAC Prior to production beginning, contractor must submit in writing a job mix formula (JMF) for the mix design they want to run on that project. The JMF will be held to tolerances as outlined. Description Difference from JMF Difference from city Individual percent retained for #10 sieve and larger f5.0% f5,0% Individual percent retained from #104200 f3.0% f3.0% Percent passing #200 t2.0% f 1.6% Asphalt content percentage f.3% f.3% Laborato molded density percentage t1.0% t1.0% 24 HMAC surface constructed compacted thickness: Type D 1.5 inches minimum 2.5 inches maximum Type C 2.0 inches minimum 3.5 inches maximum. The pavement shall be constructed on the previously approved base. Placing of HMAC shall not start until 30 minutes after sunrise, and must stop and all equipment off the right of way 30 minutes prior to sunset. HMAC surface shall not be placed until at least 48 hours after the application of the prime coat. Air temperature requirements for placing HMAC shall be as follows: November 1 to April 1 HMAC shall not be placed when the air temperature is below 55 degrees F and falling. HMAC may be placed when the air temperature is above 50 degrees F and rising. April 1 to November 1 HMAC shall not be placed when the air temperature is below 50 degrees F and falling. J HMAC may be placed when the air temperature is above 45 degrees and rising. Air temperature shall be determined by the National Weather Service hourly report, 749-1071 selection 2. if the temperature of any HMAC, measured while passing through _ I the lay down machine, is plus or minus 25 degrees F from the mixing temperature, the load shall be rejected. No payment will be made for rejected material. Any HMAC material that is rejected shall be disposed of at a location observed and approved by the engineer's representative. When weather is producing high winds, contractor must provide a water truck in order to keep the blowing dust down. If the sustained winds reach 25 mph, all concrete and hotmix operations will cease production immediately. The asphaltic mixture shall be dumped and spread on the approved prepared surface using an approved spreading and finishing machine. The material shall be placed in such a manner that when properly compacted the finished course is smooth, of uniform density, and in conformance with the cross -sections and grades shown on the associated plans. Wings of the laydown machine may not be dumped unless they are dumped after every load. A level up course, 1/2 inch or more in thickness shall require the use of ASB or a coarse grade of HMAC approved by the Engineer. When the asphaltic mixture is placed in a small area where use of a finishing machine is not practical, the contractor may use other methods approved by the Engineer provided a satisfactory surface can be obtained. Adjacent to curbs gutters or other flush structures, the surface shall be finished uniformly high so that when compacted it will be 1/4 inch above the curb or flush structure. 25 a. s All joints shall present the same texture, density, and smoothness as other sections of the course. The joints between old and new pavements or between successive day's work shall be made to insure,a continuous bond between the old and new sections of the course. The transverse edges of old pavement and, if required by the Engineer, the successive day's pavement shall be cut with an approved concrete saw to expose an even vertical surface for the full thickness of the course. All contact surfaces of previously constructed pavement shall be painted with a thin uniform coat of approved tack coat before the fresh mixture is placed. 6.8 COMPACTION HMAC surface compaction shall be consistently be between 92% and 95%, but must be between 90% to 97%, of the theoretical maximum gravity (Rice gravity). Using appropriate rollers approved by the Engineer, the pavement shall be compacted thoroughly and uniformly. Gasoline, oil, grease, solvents, or other foreign matter shall not be permitted to fall on the pavement when rollers are in operation or standing. Places inaccessible to the rollers may be compacted using lightly oiled tamps. Trenches and other limited areas where required compaction cannot be obtained using a three wheel roller shall be compacted with a trench type roller. 26 [{° I 8_ Y The surface of the pavement after compaction shall be smooth and true to the established line, grade, and cross-section. When tested with a 10 foot straight edge placed parallel to the centerline of the roadway, or other means acceptable to the Engineer, the maximum deviation shall be not exceed 1 /8 inch in 10 feet. An acceptable 10 foot straight edge shall be provided by the contractor. Any point in the surface not meeting this requirement shall be corrected as directed by the Engineer. When placed on existing surfaces, the 1/8 inch maximum deviation requirement may be waived by the Engineer. 6.9 PRIME AND TACK COATS Prior to placing HMAC on flexible base, the surface shall be primed, and cured 72 hours, using an application of 0.20 gallons of asphalt per square yard of surface. Before any asphaltic mixture is laid, the surfaces against which the pavement is to be placed shall be cleaned to the satisfaction of the Engineer. The surfaces shall be given a uniform application of tack coat using asphaltic materials of this specification. Prime coat will not be used as a tack coat. The tack coat shall be applied as directed by the Engineer with an approved sprayer. Where the pavement mixture will adhere, as determined by the Engineer, to the surfaces on which it is to be placed without the use of a tack coat, the Engineer may waive the requirement for the tack coat. All contact surfaces of curbs, structures, and joints shall be painted with a thin uniform tack coat. The prime coat should be MC 30 or AEP, the tack coat shall be asphalt materials such as PG, AC-10, or a similar product as approved by the engineer. 6.10 EMULSIFIED ASPHALT SEALER All HMAC surface courses shall be sprayed with an emulsified asphalt sealer consisting of a 15/85 mixture of CSS-1H, or 20/80 SS-1, liquid anionic asphalt and distilled water. The emulsified asphalt sealer shall be applied after the HMAC surface has cooled to below 70 degrees F, and shall be applied at a rate of 0.10 to 0.12 gallons per square yard of surface. 6.11 RELEASE AGENTS Diesel shall not be used as a release agent. Only approved agents (such as Black Magic or equivalent) will be used. Diesel will not be permitted to be used on any tools or machinery that comes into contact with the HMAC. 27 6.12 SAMPLING OF HMAC When sampling of mix for testing purposes, the City of Lubbock representative will determine when the sample is taken and will split the sample with the contractor (at the contractor's request). A "Referee" sample will be taken at the same time and held at the city laboratory until all test results are completed. If the contractor results differ from the city's results by more than the amount outlined in section 6.7 then the referee will be utilized and it will be run at an independent laboratory at the expense of the contractor, at which time all tests are final. If the contractor does not run quality control samples then no referee will be utilized and the City of Lubbock test results will be final. 7.1 STORM SEWER Storm sewer shall include installation of pipe, manholes, inlet structures and outlet structures. Contractor shall use only materials, tools, methods, and equipment considered standard by the pipeline construction industry, and approved by the Engineer. Grade and horizontal alignment shall be maintained using a laser or batter boards. 7.2 REINFORCED CONCRETE PIPE Storm sewer shall be constructed using reinforced concrete pipe, either precast or cast in place. The pipe shall conform to the requirements of AASHTO M-170 or ASTM C-76. Pipe shall be Class M unless otherwise noted on plan sheets. 7.3 MORTAR Mortar shall be used for caulking and filling between pipe and drainage structures. Mortar shall be composed of 1 part, by volume, of Portland cement and 2 parts of mortar sand. The Portland cement shall conform to the requirements of ASTM C-150, Type 1. The sand shall conform to the requirements of ASTM C-144. Hydrated lime may be added to the mixture of sand and cement in an amount equal to 15% of the weight of cement used. The hydrated lime shall meet the requirements of ASTM C-6. Mortar which has not been used after 45 minutes of having water added shall be discarded. Mortar may not be retempered by having water added. 7.4 PREFORMED BITUMINUS GASKET JOINTS Preformed bituminous gaskets for concrete non -pressure pipe shall conform to the requirements of Fed. Spec. SS-S-00210 (GSA-FSS), and shall be Ram-Nek or approved equal. Gaskets shall be installed in accordance with manufacturer's recommendations and shall form a water -tight joint. 7.5 IVIANHOLES Manhole barrel, cone and extension sections shall be constructed of precast concrete. A plant inspection may be required for production facility inspection and to review record - keeping for material certification. The manufacturer must provide certification that all materials used for manufacturing meet with the following ASTM Specifications. Aggregates ASTM C-33 Cement ASTM C-150 Sampling Specimens ASTM C-39 Reinforcing ASTM C-185 Sand and Mortar ASTM C-144 Precast concrete sections for manholes shall conform to ASTM C-478 specifications. Compressive strength test results must verify concrete strengths meet or exceed 4,000 psi. Aggregate shall be crushed limestone and shall conform to ASTM C-33 specifications. Joints, excepting grade rings, shall be tongue and groove or an equivalent male and female type joint as approved by the Engineer. All joints shall be effectively jointed to prevent leakage and infiltration. All connections between wall sections shall be joined with Conseal Joint Sealant or approved equal to provide a watertight manhole. This sealant will be provided by supplier and will be considered an essential part of each shipment. All cones and adjusting rings shall maintain a clear 24" opening. Adjusting rings shall be reinforced with the same percentage of steel as risers and tops and will also meet ASTM C-478 specifications. Adjusting rings, as well as all precast concrete manhole products, shall be smooth, uniform in size and dimensions, consistent in components throughout and free of voids or honeycombs. $_ All manholes shall be designed to withstand H-20 AASHTO loading. They shall also have lifting holes that do not protrude through manhole wall; one full inch of concrete thickness must remain between lift hole and outside wall of manhole. Manhole barrels shall be assembled of precast riser section. Riser sections and top cone sections shall be placed vertically with tongues and grooves properly keyed. [i 29 Invert channels shall be smooth and semi -circular in shape conforming to the inside of the adjacent pipe section. Changes in direction of flow shall be made with a smooth curve of as large a radius as the size of the manhole will permit. Changes in size and grade of the channels shall be made gradually and evenly. The invert channels may be formed directly in the concrete of the manhole base or may be half -pipe laid in concrete. The floor of the manhole outside the channel shall be smooth and shall slope toward the channel not less than one inch per foot, nor more than two inches per foot. All connections between the riser or base sections and the sewer pipe shall be joined in such a manner as to make the manholes watertight. Preformed rubber waterstop gaskets cast into the riser or base section are acceptable. Preformed flexible plastic sealing compounds equivalent to "Ram-nek" or "Kent Seal" may be used provided a watertight seal is achieved. Adjusting rings may be used for adjusting the top elevation, except that the total height of the adjusting rings shall not exceed 12 inches at any manhole. Concrete shall be placed 4 around and under the rings to provide a seal and seat the ring at the proper elevation. Each manhole shall have a minimum of 6 inches of grade adjustment. 7.6 MANHOLE FRAMES AND COVERS Manhole frames and covers shall be of good quality gray iron casting and conform to ASTM A-48, having a clear opening of not less than 22 inches. The casting shall be designed with a full bearing ring so as to provide a continuous seat between frame and cover. The cover shall be furnished with lifting ring cast into the cover in such manner as to prevent water leaking through. Frame and cover shall have a weight of not less than 275 pounds. The manhole ring and cover shall be Western Iron Works #40 or approved equal. 7.7 CONSTRUCTION METHODS All equipment necessary and required for the proper construction of storm sewers, manholes and culverts shall be on the project, in first-class working condition, and approved by the Engineer before construction is permitted to start. If precast concrete i a pipe or manhole sections are used, the Contractor shall provide appropriate hoisting equipment to handle the pipe or sections while unloading and placing it in its final position without damage to the pipe. The Contractor shall provide hand tampers and pneumatic tampers to obtain the required compaction of the pipe bed, the manhole bed and the backfill, as specified. 30 7.8 EXCAVATION The Contractor shall do all excavation to the depth shown on the plans. Where rock, or soil containing rocks or gravel, hard pan or other unyielding foundation material is encountered in trench excavation, the pipe shall be bedded in accordance with the requirements of one of the classes of bedding, and the hard unyielding material shall be excavated below the elevation of the bottom of the pipe or pipe bell to a depth of at least 8 inches or 1/2 inch for each foot of fill over the top of the pipe, whichever is greater, but not more than three -fourths the nominal diameter of the pipe. The cushion shall consist of a fine compressive material, such as silty clay or loam, lightly compacted, and shaped as required for the specified class of bedding. The cost of furnishing and placing the cushion material shall be included in the bid price per linear foot of pipe in place. The bottom of the trench shall be excavated to a horizontal section as far as practicable. Excavated material not required or acceptable for backfill shall be disposed of by the Contractor as directed by the Engineer. Excavation shall not be carried below the required depth; but when it is, the trench shall be backfilled at the Contractor's expense with material approved by the Engineer and compacted to the density of the surrounding earth material as determined by AASHTO T-180. When directed, unstable soil shall be removed for the full width of the trench and replaced with sand or with approved granular material. The Engineer shall determine the depth of removal of unstable soil and the amount of backfill necessary. The backfill shall be compacted and shaped to a firm but slightly yielding condition to form the bed for the pipe. Grades for pipe shall be as shown on the drawings. No changes in grade will be made unless so directed by the Engineer. The minimum width of the trench at the top of the pipe, when placed, shall be a width which will permit the proper construction of joints and compaction of backfill around the pipe. The sides of the trench shall be vertical, unless otherwise approved by the Engineer. The maximum allowable width of the trench shall not exceed the widths shown below unless otherwise approved by the Engineer. NOMINAL PIPE MINIMUM TRENCH MAXIMUM TRENCH SIZE WIDTH AT SPRINGLINE WIDTH AT TOP OF PIPE Less than 18" Pipe O.D. + 12" Pipe O.D. + 18" 18" thru 36" Pipe O.D. + 18" Pipe O.D. + 24" 37" thru 60" Pipe O.D. + 24" Pipe O.D. + 30" The width of the trench above the top of the pipe may be as wide as necessary for shoring, bracing or proper installation of the pipe. Excavation in paved areas shall be confined to a minimum practical width. The bed for pipe shall be so shaped that at least the lower quarter of the pipe circumference shall be in continuous contact with the bottom of the trench. I", The excavation for manholes shall be essentially the same as that for the piping. The sides of the excavation shall be vertical unless otherwise approved by the Engineer. The Contractor shall do such trench bracing, sheathing or shoring necessary to perform and protect the excavation as required for safety and conformance to applicable laws and regulations. The bracing, sheathing, or shoring shall not be removed in one operation but shall be done in successive stages to prevent overloading of the pipe during backfilling operations. The cost of the bracing, sheathing, or shoring and the removal of same, shall be included in the unit price bid per foot for the pipe. Surface water shall be prevented from entering the excavation. Heavy equipment, except for excavating equipment, shall not be operated within 24 feet of the edge of the excavation. Excavated materials shall be stockpiled no closer than 3 feet from the edge of the excavation. 7.9 PIPE INSTALLATION The Contractor shall provide the appropriate tools and methods to insure installation of the pipe to line and grade, as shown on the drawings. The Contractor's facilities for lowering precast pipe into the trench shall be such that neither the pipe nor the trench will be damaged or disturbed. The Engineer shall inspect all precast pipe before it is placed. Any section that is damaged by handling or is defective to a degree which in the opinion of the Engineer will materially affect the function and service of the pipe shall be rejected and removed from the job site. Installing the precast pipe in the finished trench shall be started at the lowest point and is laid upgrade. For tongue and groove precast pipe, the grooved end shall be laid upgrade. The pipe shall be firmly and accurately installed to line and grade so that the invert will be smooth and uniform. The pipe shall be protected from water during placing and until the concrete, in cast -in -place pipe, or the mortar, in the joints of precast or cast in place pipe, has thoroughly set. The contractor shall provide temporary diversions as necessary to prevent surface water flow into the excavation. Pipe shall not be laid or installed on frozen ground. Pipe which is not true in alignment, or which shows any change in grade after laying or installing, shall be taken up and re-laid or re -installed without extra compensation. Mortar shall be used for caulking and filling between the pipe and the drainage structures. Mortar that is not used within 45 minutes after water has been added shall be discarded. Retempering of mortar shall not be permitted. Pipe joints for precast concrete pipe shall ' } be of the tongue and groove type. The joints shall be of a watertight joint. Each joint shall be sealed with a preformed bituminous gasket as specified. The gasket shall be installed as recommended by the pipe manufacturer. 32 �E Field poured concrete bases shall be at least 12 inches thick and not less than 1 (one) foot greater diameter than the outside diameter of the manhole riser section. Concrete shall be Class A at a minimum 3000 psi 28 day compressive strength. Concrete placement shall conform to ACI and good construction practices. Concrete shall be consolidated and struck -off to a horizontal surface within the forms or pouring rings. Field poured concrete bases shall be reinforced as detailed on the Plans or as shown in the Standard Details. The manhole shall be constructed to ASTM C-891 standards. Precast reinforced concrete bases shall be of the size and shape detailed on the Plans or as shown in the Standard Details. 7.10 BACKFILLING All trenches and excavations shall be baekfilled as the pipes and manholes are installed, unless otherwise directed by the Engineer. Outside of street right of way the backfill material shall be selected granular material from excavation or borrow; material which is placed at the sides of the pipe and manhole and 1 foot over the top shall be material which can be readily compacted. it shall not contain stones retained on a 2-inch sieve, frozen lumps, chunks of highly plastic clay, or any other material which is objectionable to the Engineer. The material shall be moistened or dried, if necessary, to be compacted by the method in use. Backfill material shall be approved by the Engineer. The backfill shall be placed in loose layers not to exceed 6 inches in depth along each side of the pipe and manhole. Special care shall be taken to secure thorough compaction under the haunches and at the sides of the pipe and manhole. This backfill shall be brought up evenly on each side of the structure to an elevation of 1 foot over the top of the pipe, or such greater elevation as directed by the Engineer. Backfilling shall be done in a manner as outlined in 3.1 and 4.3 and to avoid injurious top or side pressures on the pipe and manhole. Backfill shall be compacted to 95% (min.) Standard Proctor Density. Unless otherwise directed by the Engineer or plans, excavation within street right of way shall be backfilled with flowable fill material (2-sacks of cement per cubic yard concrete mix) to 1-1/2 inches below the asphalt surface. The pipe shall be restrained so that during the pour the pipe shall not be displaced. Movement of construction machinery over a culvert, pipeline, or manhole shall be at the Contractor's risk. Any damaged construction shall be removed and replaced at the expense of the Contractor. 33 7.11 TRENCH PROTECTION Trench excavations not exceeding five feet in depth shall be protected in accordance -with applicable OSHA, state, and local requirements. Trench excavations greater than five feet in depth shall be protected in accordance with the following specifications. All work performed under this section shall also comply with OSHA Part 1926, Subpart P and all State and Local codes. The Contractor shall be responsible for complying with all trench safety requirements, the requirements of the specifications, drawings and all applicable codes. Trench protection shall be performed by forces having at least two years experience with similar types of trench safety systems. The manufacturer of prefabricated items used in trench safety systems shall have at least two years of experience in fabricating the items. The contractor shall provide detailed drawings for proposed trench safety systems. The drawings shall identify where each system is proposed for use and type of system to be used. Trench excavations shall not be started until trench safety systems have been submitted and approved by the Engineer. If trench boxes are to be used, the contractor shall submit manufacturer's standard data sheet and certificate of compliance stating the maximum allowable depth for the given design pressure for each type of trench box proposed for use. If alternative systems composed of steel, aluminum, wood or a combination of materials are proposed, the contractor shall submit design data demonstrating the ability of the proposed materials to provide the necessary trench protection. Materials used for trench safety shall be capable of withstanding imposed loads without excessive deflections. Materials shall be clean, free of rust, holes, knots and other defects, and shall conform to the following: Steel -- Steel shall be of type and thickness as required and shall have a minimum yield stress of 36 ksi. Aluminum — Type 6061-T6, thickness as required. Wood in Contact with Earth — Pressure treated woods. Wood not in Contact with Earth — Soft or hardwood as required. 34__' 8.1 FENCES Unless otherwise indicated on plans, existing fences which must be adjusted or relocated shall be reconstructed using the same or equivalent materials, height, and construction in the proper location. The contractor shall remove existing fence and either store for reuse or legally dispose of the fence materials, whichever is appropriate. New fence construction shall be in accordance with specifications and details included on plan sheets. 9.1 SALVAGE OF ASPHALT PAVING All salvage asphalt material shall be broken into pieces not more than 1 inch in size and stockpiled at a location indicated in the plans. Any non -asphaltic materials, such as flexible base and soil, shall be kept separated from the salvaged asphalt. 10.1 BARRICADES Prior to starting work on any project covered by these specifications, the contractor shall submit a Traffic Control Plan for approval by the Engineer. The contractor shall have the sole responsibility for providing, installing, moving, replacing, maintaining, cleaning, and removing upon completion of work, all traffic control devices. The Traffic Control Plan and devices shall be in compliance with the Texas Manual of Uniform Traffic Control Devices (MUTCD) and the 1993 National Cooperative Highway Research Program Report 350 (NCHRP 350). The Traffic Control Plan approved by the Engineer shall be considered the minimum requirement for the project. The contractor shall provide additional devices as determined to be necessary during the project. if at any time during construction the approved plan does not accomplish the intended purpose, due to weather or other conditions affecting the safe handling of traffic, the contractor shall immediately make necessary changes to correct the unsatisfactory conditions. The contractor shall provide and maintain at least one driveway to each property, open jdirectly to the project corridor, at all times during construction. No driveways shall be closed along the project corridor without either a comprehensive access management plan approved by the Engineer, or approval for individual closures from the Engineer. The contractor shall notify affected property owners 2 days in advance of any driveway restriction or closure. All signing and barricading shall be in place before construction operations are started ' and during all times construction is in progress. All hazards shall be clearly marked and adequately protected. If pedestrian walkways are blocked, pedestrian control shall 1 ! 35 j conform to "Typical Sidewalk and Curb -Lane Closure for Pedestrian Control" as indicated in Texas MUTCD. No separate payment will be made for traffic control. The required plan and devices shall be considered to be subsidiary to pay items. 11.1 PROSECUTION OF THE WORK AND WORKING DAYS During the period the contractor is directing traffic over the base, the surface shall be satisfactorily maintained by the use of sprinkling and blading as required, so that no hazard will result. The base course shall be maintained until the wearing surface is placed thereon. At no time during the period of construction shall driveways and/or alleys be left impassable between the night hours of 6:00 PM to 6:00 AK except during the construction of curb and gutter for which the driveways and/or alley's shall remain closed not more than 4 days. No work will be performed after dark or before daylight. 11.2 WORKING DAYS DEFINITION City contracted paving projects will be based on working days allowed. No requests for extensions of time will be considered. A working day is defined as a calendar day, not including Saturdays, Sundays; or City of Lubbock designated holidays, in which weather or other conditions beyond control of the contractor will permit the performance of the principal unit of work for a continuous period of not less than 7 hours between 7:00 am and 6:00 pm. Work on Saturdays, Sundays, or City of Lubbock designated holidays must be authorized by the Engineer (see item 11.3). For each Saturday, Sunday, or City of Lubbock designated holiday on which the Contractor chooses to work and has authorization from the Engineer to work, 1 day will be charged against the contract working time when conditions will permit at least 7 hours of work as described above. Work on Sunday will not be authorized except in cases of extreme emergency, as determined by the Engineer. Working days will be considered to begin on the effective date stated in the Notice to Proceed, unless the contractor is unable to begin work on that date due to factors beyond his control as determined by the Engineer. In that event, time charged against the project will begin on the date the contractor could first work a minimum of 7 hours as described above. i 36 ..1 The Engineer will furnish the contractor a monthly statement showing the number of working days used and the working days remaining. The contractor shall be allowed 10 calendar days in which to protest the correctness of each statement. The protest shall be in writing, addressed to the Engineer, and shall indicate basis of the protest. The Engineer shall respond to the protest within 10 calendar days of receiving the protest. Failure to file a protest within the allotted 10 days for any statement shall indicate the contractor's approval of the time charges as shown on that period's time statement, and nature consideration of that time statement will not be permitted. 11.3 WORK BETWEEN NOVEMBER 1 AND JANUARY 2. AND ON OTHER HOLIDAYS If conditions are such that, in the opinion of the Engineer, construction will negatively affect local businesses during holiday periods, the Engineer may suspend construction operations from November 1 to January 2. The City of Lubbock observes specific holidays, and City staff is not required to work those days. As standard procedure, construction operations that require testing/inspection may not be performed on those holidays. If the contractor needs to perform construction operations that require City personnel on holidays, the contractor shall make a written request for authorization to work from the Engineer. The request shall state the reason the work is necessary, and shall state that the contractor agrees to pay the City for the related personnel expenses including salary, overtime, and benefits. If City personnel are available, the Engineer may approve the request. 12.1 MEASUREMENT AND PAYMENT The unit price bid on each item as stated in the bid proposal shall include furnishing all labor, superintendence, machinery-, equipment, and materials, except as otherwise specified, necessary or incidental to complete the various items of work in accordance with the plans and specifications. Cost of work or materials shown on the plans or called for in the specifications and on which no separate payment is made shall be included in the bid prices on the various pay items. Payment will not be made for any item that is not complete, including all associated incidental work. All of the items covered by these standard specifications may not be included in a particular project. Only those items indicated on bid documents and plan sheets shall be included for construction and payment. 37 tT. 12.2 CURB AND GUTTER Measurement will be made of the linear feet of separate curb and gutter actually constructed. Separate curb and gutter will be paid for at the unit -price bid per linear foot. The unit price bid shall include furnishing and installing all materials, excavation, filling, backfilling, forming, finishing, and all incidentals necessary to complete the work. 12.3 CONCRETE FLAT SLABS - SIDEWALK, DRIVEWAY, ALLEY RETURN, ALLEY PAVING, AND VALLEY GUTTER Measurement will be made of the area, in square feet, of flat slab actually constructed. Flat slabs will be paid for at the unit price bid per square foot for each specific type of slab. Curb on driveways, alley returns, and valley gutter fillets shall be included in the area measured for the slab and will not be paid as separate item curb and gutter. The unit price bid shall include furnishing and installing all materials, excavation, filling, backfilling, reinforcement, forming, finishing, joint cutting, joint sealing, and all incidentals necessary to complete the work. 12.4 CURB RAMPS (HANDICAP RAMPS) Measurement will be made of the area, in square feet, of curb ramp actually constructed, excluding top surface area of any retaining wall. Curb ramps will be paid for at the unit price bid per square foot. The unit price bid shall include furnishing and installing all materials, excavation and filling within two feet of the ramp, back filling, reinforcement, forming, finishing, and all incidentals necessary to complete the work. The sidewalk and landing adjacent to the actual ramp section with slope less than 1:20 is not included as part of the ramp, and will be paid for as sidewalk under section 12.3. 12.5 CONCRETE DRAINAGE CHANNEL Measurement will be made of the area, in square feet, of drainage channel actually constructed, including top surface area of any retaining wall or curb. Drainage channel will be paid for at the unit price bid per square foot. The unit price bid shall include furnishing and installing all materials, excavation and filling within two feet of the channel, backfilling, reinforcement, forming, finishing, and all incidentals necessary to complete the work. 12.6 RETAINING WALL OR CURS ON DRAINAGE CHANNELS AND CURB RAMPS Measurement will be made of the height from bottom of footing or slab to top of wall, and linear feet of wall or curb actually constructed. Retaining wall or curb will be paid r for at the unit price bid per cubic foot. The unit price bid shall include furnishing and installing all materials, excavation, filling, backfilling, reinforcement, forming, finishing, and all incidentals necessary to complete the work. 12.7 CONCRETE MEDIAN Measurement will be made of the area, in square feet, of median actually constructed. Median will be paid for at the unit price bid per square foot. The unit price bid shall include furnishing and installing all materials, excavation, filling, reinforcement, forming, finishing, and all incidentals necessary to complete the work. 12.8 CONCRETE STREET PAVING Measurement will be made of the area, in square yards, of concrete street paving actually constructed. Concrete street paving will be paid for at the unit price bid per square yard. The unit price bid shall include furnishing and installing all materials, excavation, filling, backfilling, reinforcement, forming, finishing, and all incidentals necessary to complete the work. Sawing and sealing of joints shall not be included and will be paid for as a separate bid item. 12.9 SAWING AND SEALING OF JOINTS IN CONCRETE STREET PAVING Measurement will be made of the linear feet of sawed and sealed joints actually constructed. Sawing and sealing of joints will be paid for at the unit price bid per linear foot. The unit price bid shall include furnishing and installing all materials, equipment, sawing, cleaning, seal components, and all incidentals necessary to complete the work. 39 12.10 STORM SEWER INLET BOX AND MANHOLES Storm sewer inlet boxes and manholes will be paid for at the unit price bid per each. The unit price bid shall include furnishing and installing all materials, excavation, filling (except flowable fill), floor, connection to pipes, reinforcement, forming, finishing, manhole rings and covers, and all incidentals necessary to complete the work. 12.11 HEADWALLS Storm sewer headwalls will be paid for at the unit price bid per each. The unit price bid shall include furnishing and installing all materials, excavation, filling, reinforcement, forming, finishing, grates, and all incidentals necessary to complete the work. 12.12 STORM SEWER PIPE Measurement along the centerline of the pipe will be made of the actual length of pipe constructed, from face of structure to face of structure or to centerline of manhole, and will be paid for at the unit price bid per linear foot for Storm Sewer. Depth of cut shall be considered to be from the top of the adjacent grade stake to the flowline of the pipe. The unit price bid shall include furnishing and installing all materials, pavement removal, excavation, filling, backfilling with compacted soil where applicable, and all incidentals necessary to complete the work. Flowable fill will be paid for as a separate pay item. 12.13 EXTRA VERTICAL FEET OF MANHOLE The actual constructed manhole will be measured from the top of the base to the top of the ring and cover. Any depth of manhole exceeding 6 feet in depth will be paid for at the unit price bid for extra vertical feet of manhole. The unit price bid shall include furnishing and installing all materials and all incidentals necessary to complete the work. 12.14 CURB AND GUTTER REMOVAL Measurement will be made of the linear feet of curb and gutter actually removed. Payment will be made at the unit price bid per linear foot of curb and gutter removed. The contractor shall ensure that the Engineer has the opportunity to measure the linear feet of curb and gutter prior to removal. If curb and gutter is removed without measurement by the Engineer, no payment will be made for that removal. The unit price bid shall include sawing, hauling, labor and equipment, and legal disposal for removal of the curb and gutter. 40 �. 12.15 CONCRETE SLAB REMOVAL Measurement will be made of the area in square feet of concrete slab actually removed. Payment will be made at the unit price bid per square foot of concrete slab removed. The contractor. shall ensure that the Engineer has the opportunity to measure the area of concrete slab prior to removal. If concrete slab is removed without measurement by the Engineer, no payment will be made for that removal. The unit price bid shall include sawing, breaking, hauling, labor and equipment, and legal disposal for removal of the concrete slab. 12.16 1-1/2 SACK FLOWABLE FILL Quantities of 1-1/2 sack flowable fill will be determined from tickets provided by the drivers of the delivery trucks. Payment will be made at the unit price bid per cubic yard of in place 1-1/2 sack flowable fill. The unit price bid shall include furnishing and placing the material and all incidentals necessary to complete the work. 12.17 ASPHALT PAVING Measurement will be made of the area, in square yards, of asphalt paving actually constructed. Payment will be made at the unit price bid per square yard. The unit price bid shall include furnishing and installing all materials, subgrade preparation, construction of caliche or asphalt stabilized base as specified, excavation, filling, tack and prime coats, HMAC surface, emulsion seal, and all incidentals necessary to complete the work. 12.18 ASPHALT PAVING REPAIR Measurement will be made of the area, in square yards, of in place asphalt paving repair. Payment will be made at the unit price bid per square yard of paving repair. The unit price bid shall include furnishing and placing all asphaltic materials, sawing of existing paving edges, smoothing and preparation of the existing base, flowable fill if required, tack and prime coats, compaction, and all incidentals necessary to complete the work. 41 12.19 EXCAVATION AND GRADING OUTSIDE LIMITS OF CONSTRUCTION) Volume of excavation or fill, in cubic yards, will be determined by average.end area method. Payment will be made at the unit price bid per cubic yard of completed excavation or fill. The unit price bid shall include all labor, equipment, and incidentals necessary to excavate or fill the site to the grades established by the Engineer. No separate payment will be made for disposing of excess material. 12.20 DITCH GRADLNG AND UNPAVED STREET SURFACE GRADING The volume of ditch grading, in cubic yards, will be determined by average end area method. Measurement will be made of the area, in square yards, of completed surface grading of unpaved streets. Payment will be made at the unit price bid per cubic yard of completed ditch grading per cubic yard, or surface grading per square yard. The unit price bid shall include all labor, equipment, and incidentals necessary to grade ditches or surface grade unpaved streets to the grades established by the Engineer. No separate payment will be made for disposing of excess material. IY 13.1 STANDARD DETAILS Construction shall be in accordance with the following standard details unless otherwise indicated on plans, or directed by the Engineer. The 24 inch curb and gutter details shall be considered to be standard. 30 inch curb and gutter details shall apply only if specifically indicated on plans or bid documents. STREET CROWN ELEVATIONS PAVEMENT WIDTH FINISHED PAVING SURFACE CURB FACE TO CURB FACE ABOVE GUTTER 22 feet 0.32 feet 24 feet 0.3 5 feet 26 feet 0.37 feet 28 feet 0.40 feet 30 feet 0.42 feet 32 feet 0.45 feet 36 feet 0.50 feet 42 feet 0.57 feet 46 feet 0.62 feet 52 feet 0.69 feet 64 feet 0.85 feet 66 feet 0.86 feet 86 feet 1.14 feet 88 feet 1.15 feet All street paving shall incorporate a centerline crown at the listed elevation unless otherwise indicated on plans, or as directed by the Engineer. The widths listed above refer to the total proposed future full width of street. 43 24' TYP. 2'� 1-112" H.M.A.C. surface. 4" Crown dv _ 6" Col;che base in accordance with specifications. as "J'ame W dW dw Zn -Z S 'o ubgrode in accordance with specifications. RESIDENTIAL / COLLECTOR WIDTH VARIES 1-1 /2 " H. M. A. C. surface. ----i dw 6" Col iche base. TYPE T-1 / T-2 THOROUGHFARES WIDTH VARIES 6 1-112" H.M.A.C. surface. " Asphalt stabilized base. TYPICAL ASPHALT STREET CROSS -SECTIONS M.E.W. 6-1"9 No scale PLATE NO-11-99 12' T, r6 " � 2-B-218 LVL 16 TYPICAL 24" CURB AND GUTTER SECTIONS - F 6" TTa •� V 2 „ R a_D,v N T Down curb section. .D 6" a�a'. � D v - 24' 9" R o'p_Q , 9 ,. R 0 a .a .�•. 'o•D,v D•v •--- --- 12 " ►T• 12 " 7 v " 4 i � D,v :m 6„ rn 4 .4 • , 24 TYPE "A" ROLLOVER CURB TYPE 08" NOTE: This section my be used for residential applications only. Approval will depend on traffic and drainage cons i derot i ons. M1 TYPE "C" NOTE: Reinforced gutter section Type "C" wilt be constructed with three PLATE NO. 24-86(J ) No. 3 bars running the entire length of the driveway section and the ' three horizontal bars will be supported with choirs, on a spacing Revised 3-08-06 MW V R -- 3" R ?Oown curb section. LL 12" 53,411 2 " R 4 . 4 ,•Q , N '~ ?Down curt i- NOTE: Contractor may use either of the above sections. TYPE "A" =N �N T TYPE "C" a4v'. v'p .- ---�- `--12 -r 6 ,Q V 3- 3 + a . 4 ..•� •. O is 9 11,16"� 20 5t6' �....] 14 4 NOTE: Reinforced gutter section will be constructed with three No. 3 bars running the entire length of the driveway section and the three horizontal bars will be supported with chairs. on a spacing to give accurate placement. i I Tvb 1 PAl "An" (`LIRA AW) GUTTER SECTIONS PLATE No. 24-86iK y NOTE REST 6x6 - 10/10 Wire mesh centered in NOTE: flowoble fill shall be OEPTH: 6"- Residential St's. 8"- Collectors 6 Thoroughfares Convocted Bose, a 6x6 - 10/10 Wire mesh centered in SECTION A —A slob or fiber reinforcement. Flowable fill. 3 ---------------------------- �-- ~— 2.5' 2.5'� CONCRETE VALLEY GUTTER DETAIL M.E.W. 6••16^99 W.E.W. revi6e4 5-o8^OT PLATE NO. 1 0 —9 9 2 —A — 9 9 ( A) Lri 1 TYPICAL ALLEY RETURN NOTE: Curb and gutter. fillets and s I ob to be poured together. 6' Concrete slob with 9'. .6x6 10/10 wire mash or fiber reinforcement.•V.q Bituminous "Q premolded Exp. V Joint, i Lit _j Dummy contraction joints. Curb height transitions cr 5 to 0' at this point. 4 Curb he /77 to : 4 1171117,�Wl NOTE: Thi ir- s Sidewalk 7 NOTE: This point of oil t o to be 6" higher than gutter on B (high side end of rod 2 5. 2.5' 2.5 0.20' INVERT ,,%* Property Lin 1,z" Bituminous expansion joint. PLAN VIEW lo 6x6 10/10 wire mash C Or fiber r einforcement. Scale: I" S' - 0 101 wire h reinforcement. To BE USED WHEN ALLEY Y R.O.W. WIDTH is I 't t. 10 'rit u See also Attachment "A' . on , Dummy contraction joint. (alley apron paving) 2.5'* 2.5-o 5'# L ol.4 5,u 20' 5'1 101 S' st c f L 5— L SECTION A -A No Scale 6X6 10/10 wire mesh No. 6 rebor spaced 6' from edge of or fiber reinforcement. slob and 11,2' from bottom of slob. Locate by moons of chairs or plastic stakes (not metal or wood). NOTE: W.R. MEADOWS #158. SECTION ID-8 NOTE. CONSTRUCTION OF THIS TYPE 15 ALLOWED ONLY WHERE THE EXISTING SEALTIGHT SAFE -SEAL 3405. ALLEY RETURN. ALLEY PAVING OR STREET GUTTER IS IN GOOD ii SONNESORN SL-1 OR No Scale CONDITION AND GRADE AND ALIGNMENT ARE SATISFACTORY. APPROVED EOUIVALENT, "2 BitLlminous 2- 0 expansion joint. .4 CONCRETE ALLEY SLAB. cc c i > RETURN, ALLEY EXISTING ALLEY A fi)(6 10,110 wire mesh i PAVI NG OR STREET GUTTER. or fiber rein4arcement. IJ ,v,:V.q U. 6x6 10,110 wire mesh 4' or fiber reiriforcofmot. i \'� 6----�j 'a� DUMMY GROOVE 12'— 1_ RAMP& JUNVINT of (RoQuired of cold joints and Note: All concrete shown to be 3.000 P.S. I. at 7 acys. (Class 8) every 13 feet of paving.) 5% Air ± 1 1/2%. 5.5 sock/C.Y. (Min.). 5.5 got./C.Y. (Mox, Waterl. 3" Slump (Mox.) FOUR FOOT SIDEWALK CONSTRUCTION DETAILS A A (NO SCALE) Property Line ► r D, 3' win. wax. arcoe 2% �a ° b 0 � • ' P from P.C. v' 4' Sidewalk . P. Expansion joints spaced 36' '0.4 P D. Expansion joints. along sidewalk run. `►AD' P D 'D P.� •°. •?. - ` ° • '' ' £.........,..,... .red. FIRE HYDRANT, POWER POLE. ETC. MUST HAVE EXPANSION JOINT "LOCK -OUT WHEN ENCLOSED IN CONCRETE - SECTION A -A Expansion joint. Contraction markings G2 way through slab at 4' intervals. •s •v'W°' 4" min. thickness V n. of sidewalk. SECTIONS B-8 m C (RESIOENTIALI 3' Min. a 2% a Max. Slope t -- Variable 4' Sidewalk L e. Curb removed. °•° 4" min. thickness. }t (BUSINESS) 3' Min. 4 4. 2x g Max. Slope Vor^ioble � 4' Sidewalk a. Gx6 10/10 wire mesh Curb and gutter Completely centered in slob. removed and reconstruct C011 rclol Driveway Gutter/ with M 3 bars running entire length Of new gutter. - NOTES: 1. Maintain gutter flowine through driveway. 2, All expons1on joints to be 3j" thick. 3. 300 to 450 flare may be used in lieu of radii on residential driveways. 4. See plates 24-8610)(0) and IH sheets 162) for curb ramp detoi Is. NOTE: 6" min. thickness. Inner curb as required. PLATE NO. 24-86(C) Revised 6-16-10 MW (os per R.K.S.) FIVE OR SIX FOOT SIDEWALK CONSTRUCTION DETAILS �j (NO SCALE) p � 5'Or 6' sidewalk. Property Line _ Mtn. Altlx. 2%' �tl _ a' � sic" from P.L. � A A ♦�v v ' Expansion joint.. 0' v ►v �' ►' �' ► a o l y4 C •vim FOP• ; P •.i Pad •o. ►- i •?. ►. n SEE FRONTAL VIEW �, •• ► 0. . V. .0. .,a. FIRE HYDRANT, Pr POLE. ENCLOSED INXPAN CONCRETEJOINT 3 Expansion joints spaced 36' max. ' along sidewalk run. SECTION A-A� ik Expansion )Dint. contraction hslob atS' intervals » v aes �• 4" min. thickness �-J a. .:.♦ of sidewalk. SECTIONS 8-8 g (RESIDENTIAL) T ----"Varies 3' Min. $ 5' Sidewalk .e a 2% JI Curb removed. Max. I n . `• ' �'''► 4" min. thickness. (BUSINESS) g Varies 3' Min. � 0 6' Sidewalk Slope Max. Slope s 6 NOTE) 6" min. thickness. Inner curb ( l 6x6 10/10 wire mesh as required. centered in aIob. Curb and putter carDletely LJ removed areconstruct nd Coffam tpl Drivewo Gutter/ FRONTAL VIEW rum np en re w a length of new putter. Property Line I NOTESt 1. Maintain gutter flowlne through d 2. All expanse on )al nts to be E. th 3. 300 to 480 flare my be used in I radii on residential driveways. 4. See plotes 24-86(D)(G) and Ili she 162) for curb romp details. PLACE NO. 24-86(F) Revised 6-16-10 MW