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Resolution - 2009-R0182 - Contract - Ballou Construction Co. Inc. - Street Micro-Surfacing - 05/14/2009
Resolution No. 2009-RO182 May 14, 2009 Item No. 5.19 RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock is hereby authorized and directed to execute for and on behalf of the City of Lubbock a Unit Price Construction Contract with Ballou Construction Co., Inc., of Salina, Kansas, for street micro -surfacing per RFP #09- 71.5 -DD, a copy of which Contract and any associated documents are attached hereto and which shall be spread upon the minutes of this Council and as spread upon the minutes of this Council shall constitute and be a part hereof as if fully copied herein in detail. Passed by the City Council this 14th day of May _ , 2009. TOM MARTIN, MAYOR ATTEST: Rebecc Garza, City Secretary VED AS TO Loomis int City Manager/Director of Transportation and Public Works APPROVED AS. TO FORM: Don Vandiver, ity Attorney DDresl$al IouConstU PCGnstCon09 Res April 28. 2009 CITY OF LUBBOCK SPECIFICATIONS FOR STREET MICRO -SURFACING ITB #09-715-DD Contract # 8938 Plans & Specifications may be obtained from THE REPRODUCTION COMPANY http://-Dr.thereproductioncompM.com/ Phone: (806) 763-7770 "A City of Planned Progress " CITY OF LUBBOCK Lubbock, Texas Page Intentionally Left Blank City of Lubbock PUBLIC WORKS CONTRACTING OFFICE SUITE 204, MUNICIPAL BUILDING 1625 13T" STREET LUBBOCK, TEXAS 79401 PH: (806)775-2168 FAX: (806)775-2164 http://purchasing.ei.lubbock.tx.us DATE ISSUED: CLOSE DATE: ITB# 09-715-DD, Addendum # I ADDENDUM # I ITB # 09-715-DD Street Micro -Surfacing April 17, 2009 April 23, 2009 @ 3:00 P.M. The following items take precedence over specifications for the above named Invitation to Bid (ITB). Where any item called for in the ITB documents is supplemented here, the original requirements, not affected by this addendum, shall remain in effect. 1. Additional information is provided as follows: The contractor shall provide certification for all CSS-1P stating the material meets all requirements of TxDOT item 300.2.1) Table 10. Certification must be performed by a City of Lubbock approved independent lab 2. Complete and submit the attached "Qualification of Bidders" form. All requests for additional information or clarification must be submitted in writing and directed to: Darlene Doss, Buyer, City of Lubbock, P.O. Box 2000, Lubbock, Texas 79457 Questions may be faxed to (806)775-2164 or Email to ddossamulubbock.us. THANK YOU, Darlene Doss Buyer It is the intent and purpose of the City of Lubbock that this request permits competitive bids. It shall be the bidders responsibility to advise the Citv of Lubbock Buver if anv lanizuaae, requirements, etc., or anv 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 Buyer no later than five (5) business days prior to the bid close date. A review of such notifications will be made. ITB# 09-715-DDadl Page Intentionally Left Blank CITY OF LUBBOCK QUALIFICATIONS OF BIDDERS ITB-09-715-DD STREET MICRO -SURFACING Candidates must complete each of the following items in order to show complete satisfaction to the City of Lubbock that they have the necessary experience, ability, past history and references in order to perform the work. 1. FIRM NAME: 2. BUSINESS ADDRESS: 3. TELEPHONE, WITH AREA CODE: FAX, WITH AREA CODE: E MAIL ADDRESS: INTERNET URL ADDRESS: 4. PROVIDE A BRIEF DESCRIPTION OF PAST HISTORY THAT PERTAINS TO THE QUALITY OF PERFORMANCE ON PREVIOUS CONTRACTS AND SERVICES. (YOU MUST INCLUDE THE CAPACITY, SKILL AND THE ABILITY TO PERFORM THE WORK WITHIN THE TIME SPECIFIED) 5. PROVIDE NAMES OF ALL SUPERVISORS THAT WILL BE USED TO PERFORM WORK ON THIS PROJECT IN COMPLIANCE WITH CITY OF LUBBOCK SPECIFICATIONS. NAME JOB DESCRIPTION a. b. c. d. e. CITY OF LUBBOCK QUALIFICATIONS OF OFFERORS CONTINUED 6. DEMONSTRATION OF STREET MICRO -SURFACING EXPERIENCE SHALL INCLUDE A COMPLETE LIST OF ALL SIMILAR MUNICIPAL AND SIMILAR NON -MUNICIPAL CURRENT AND COMPLETED PROJECTS FOR THE PAST THREE (3) YEARS. PROJECT OWNER YEAR COST a. b. C. d. e. f. 7. PROVIDE AT LEAST THREE REFEREFENCES WHO CAN CONFIRM THE BIDDERS EFFICIENCY AND PREVIOUS EXPERIENCE. NAME COMPANY PHONE NUMBER a. b. C. SUBMITTED BY: Signature: Date: Printed Name: Firm Name: Tel #: Address: City: State: Zip: i CITY OF LUBBOCK .3 INVITATION TO BID FOR TITLE: STREET MICRO -SURFACING ADDRESS: LUBBOCK, TEXAS t ITB NUMBER: 09-715-DD i Contract # 8938 s PROJECT NUMBER: 92125.9240.30000 CONTRACT PREPARED BY: PUBLIC WORKS CONTRACTING OFFICE I Page Intentionally Left Blank City of Lubbock, TX Public Works Contracting Office Contractor Checklist for ITB # 09-715-DD Before submitting your bid, please ensure you have completed and included the following: 1. Carefully read and understand the plans and specifications and properly complete the BID SUBMITTAL FORM. Bid submittal form MUST be completed in blue or black ink or by typewriter. Signatures must be original, in blue or black ink, and by hand: Amounts shall be written in both words. and numerals and in the event of a discrepancy the amounts written in words shall govern. Include corporate seal and Secretary's signature. Identify addenda received (if any). Include firm's FEDERAL TAX ID number or Owner's SOCIAL SECURITY number. 2. Include BID BOND or CASHIER'S OR CERTIFIED CHECK as your bid surety. Failure to provide a bid surety WILL result in automatic rejection of your bid. 3.' ✓ Clearly mark the bid number, title, due date and time and your company name and address on the outside of the envelope or container. 4. Ensure your bid is RECEIVED by the City of Lubbock Public Works Contracting Office prior to the deadline. Late bids will not be accepted. 5. 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. 6. v`� Complete and sign the SAFETY RECORD QUESTIONNAIRE. All "YES" responses must be explained in detail and submitted with Bid. 7. ✓ Complete and sign the SUSPENSION AND DEBARMENT CERTIFICATION. Include firm Is FEDERAL TAX ID number or Owner's SOCIAL SECURITY number. 8. ✓ Complete and submit the PROPOSED LIST OF SUB -CONTRACTORS. DOCUMENTS REQUIRED WITHIN TWO BUSINESS DAYS AFTER CLOSING l . 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. eyA(S ,QdG.T,oA/ 69 ..._z-a/e. s (Type or Print CompanyMime) Page Intentionally Left Blank S' 1. 2. 3. i 4. 5. _ 6. 7. 8. .. 9. 10. 11. 12. t 13. i' INDEX NOTICE TO BIDDERS GENERAL INSTRUCTIONS TO BIDDERS 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. SAFETY RECORD QUESTIONNAIRE 3-4. SUSPENSION AND DEBARMENT CERTIFICATION 3-5. PROPOSED LIST OF SUB -CONTRACTORS POST -CLOSING DOCUMENT REQUIREMENTS — (to be submitted no later than two business days after the close date when bids are due.) 4-1. FINAL LIST OF SUB -CONTRACTORS PAYMENT BOND PERFORMANCE BOND CERTIFICATE OF INSURANCE CONTRACT GENERAL CONDITIONS OF THE AGREEMENT DAVIS BACON WAGE DETERMINATIONS SPECIFICATIONS STREET LIST SPECIAL CONDITIONS Paae Intentionally Left Blank NOTICE TO BIDDERS Pa" Intentionally Left Blank NOTICE TO BIDDERS ITB #09-715-DD Sealed bids addressed to Darlene Doss, Buyer, City of Lubbock, Texas, will be received in the office of the Public works Contracting Officer, Municipal Building, 1625 13th Street, Room 204, Lubbock, Texas, 79401, until 3:00 P.M. on April 23, 2009 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: "STREET MICRO -SURFACING" After the expiration of the time and date above first written, said sealed bids will be opened in the office of the Public works Contracting Officer and publicly read aloud. It is the sole responsibility of the bidder to ensure that his bid is actually in the office of the Buyer for the City of Lubbock, before the expiration of the date above first written. Bids are due at 3:00 P.M. on April 23, 2009 and the City of Lubbock City Council will consider the bids on May 14, 2009, at the Municipal Building, 1625 13th Street, Lubbock, Texas, or as soon thereafter as may be reasonably convenient, subject to the right to reject any or all bids and waive any formalities. The r successful bidder will be required to furnish a performance bond in accordance with Chapter 2253, Government Code, in the amount of 100% of the total contract price in the event that said contract price exceeds $100,000 and the successful bidder will be required to furnish a payment bond in accordance with Chapter 2253, Government Code, in the amount of 100% of the total contract price in the event that said contract price exceeds $25,000. Said statutory bonds should be issued by a company carrying a current Best Rating of 11A" or better. Bidders are required, whether or not a payment or performance bond is required, to submit a cashier's or certified check issued by a bank satisfactory to the City of Lubbock, or a bid bond from a reliable surety company, payable without recourse to the order of the City of Lubbock in an amount not less than 5% of the total amount of the bid submitted as a guarantee that bidder will enter into a contract and execute all necessary bonds (if required) within ten (10) business days after notice of award of the contract to him. FAILURE OF THE BIDDER TO INCLUDE BID SECURITY WITH THE BID SUBMITTAL SHALL CONSTITUTE A NONRESPONSIVE BID AND RESULT IN DISQUALIFICATION OF THE BID SUBMITTAL. It shall be each bidder's sole responsibility to inspect the site of the work and to inform himself regarding all local conditions under which the work is to be done. It shall be understood and agreed that all such factors have been thoroughly investigated and considered in the preparation of the bid submitted. There will be a non -mandatory pre -bid conference on April 14, 2009 at 9:00 A.M., in the Municipal Building, City Council Chambers, 1625 13 A Street Lubbock, Texas. Bidders may view the plans and specifications without charge at The Reproduction Company, 2102 Avenue Q, Lubbock, Texas 79405 or at http://pr.thgMroductioncgMM.com/ . ONE SET OF PLANS AND SPECIFICATIONS MAY BE OBTAINED, AT THE CITY'S EXPENSE, FROM THE REPRODUCTION COMPANY WITH A $100 REFUNDABLE DEPOSIT, Phone: (806) 763-7770. Deposit Checks shall be made PAYABLE TO THE CITY OF LUBBOCK, and will be refunded if documents are returned in good condition within Sixty (60) days after the opening of bids. Additional sets of plans and specifications may be obtained at the bidder's expense. Attention of each bidder is particularly called to the schedule of general prevailing rate of per diem wages included in the contract documents on file in the office of the Buyer of the City of Lubbock, which document is specifically referred to in this Notice to Bidders. Each bidder's attention is further directed to Texas Government Code, Chapter 2258, Prevailing Wage Rates, and the requirements contained therein concerning the above wage scale and payment by the contractor of the prevailing rates of wages as heretofore established by owner in said wage scale. The City of Lubbock hereby notifies bidders that in regard to any contract entered into pursuant to this advertisement, minority and women business enterprises shall be afforded equal opportunities to submit bids in response to this invitation and will not be discriminated against on the grounds of race, color, sex, disability, or national origin in consideration for an award. The City of Lubbock does not discriminate against persons with disabilities. City of Lubbock pre -bid meetings and bid openings are available to all persons regardless of disability. If you require special assistance, please contact the Public Works Contracting Office at (806) 775-2168 or write to Post Office Box 2000, Lubbock, Texas 79457 at least 48 hours in advance of the meeting. CITY OF LUBBOCK i1' 11 6i I: GENERAL INSTRUCTIONS TO BIDDERS Pap-e Intentionally Left Blank i t_ GENERAL INSTRUCTIONS TO BIDDERS 1 BID DELIVERY TIME & DATE 1.1 The City of Lubbock is seeking written and sealed competitive bids to furnish Street Micro- Surfacing per the attached specifications and contract documents. Sealed bids will be received no later than 3:00 P.M., on April 23, 2009 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 #09-715-DD, Street Micro- Surfacing " 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: #- Darlene Doss, Buyer City of Lubbock 1625 13th Street, Room 204 Lubbock, Texas 79401 1.2 Bidders are responsible for making certain bids are delivered to the Public Works Contracting 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 3 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 pre -bid meeting will be held at 9:00 AM, on April 14, 2009 in the Municipal Building, 1625 If Street, City Council Chambers Lubbock Texas. All persons attending the meeting will be asked to identify themselves and the prospective bidder they represent. - - 2.2 It is the bidder's responsibility to attend the pre -bid meeting though the meeting is not mandatory. The City will not be responsible for providing information discussed at the pre -bid meeting to bidders who do ' not attend the pre -bid meeting. 3 ADDENDA & MODIFICATIONS ti ' 3.1 Any changes, additions, or clarifications to the ITB are made by ADDENDA information available over the Internet at www.bidsvnc.com. We strongly suggest that you check for any addenda a minimum of forty-eight hours in advance of the response deadline. BUSINESSES WITHOUT INTERNET ACCESS may use computers available at most public libraries. 3.2 Any bidder in doubt as to the true meaning of any part of the specifications or other documents may request an interpretation thereof from the Public Works Contracting Office. At the request of the bidder, or in the event the Public Works Contracting Office deems the interpretation to be substantive, the interpretation will be made by written addendum issued by the Public Works Contracting Office. Such addenda issued by the Public Works Contracting Office will be available over the Internet at www.bidsyna.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 received by the City of Lubbock Public Works Contracting Office no later than five (5) calendar days before the bid closing date. 3.3 All addenda, amendments, and interpretations of this solicitation shall be in writing. The City of Lubbock shall not be legally bound by any amendment or interpretation that is not in writing. Only information �, 1 t 0 n supplied by the City of Lubbock Public Works Contracting Office in writing or in this ITB should be used in preparing bid responses. All contacts that a bidder may have had before or after receipt of this ITB with any individuals, employees, or representatives of the City and any information that may have been read in any news media or seen or heard in any communication facility regarding this bid should be disregarded in preparing responses. 3.4 The City does not assume responsibility for the receipt of any addendum sent to bidders. EXAMINATION OF DOCUMENTS AND REQUIREMENTS 4.1 Each bidder shall carefully examine all ITB documents and thoroughly familiarize itself with all requirements before submitting a bid to ensure that their bid meets the intent of these specifications. 4.2 Before submitting a bid, each bidder shall be responsible for making all investigations and examinations that are necessary to ascertain conditions and requirements affecting the requirements of this Invitation to Bid. Failure to make such investigations and examinations shall not relieve the bidder from obligation to comply, in every detail, with all provisions and requirements of the Invitation to Bid. 4.3 Notices of any discrepancies or omissions in these plans, specifications, or contract documents, shall be given to the Buyer and a clarification obtained before the bids are received, and if no such notice is received by the Buyer 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 Buyer before bidding of any discrepancies or omissions, then it shall be deemed for all purposes that the plans and specifications are sufficient and adequate for completion of the project. It is further agreed that any request for clarification must be submitted no later than five (5) calendar days prior to the opening of bids. i BID PREPARATION COSTS 5.1 Issuance of this ITB does not commit the City of Lubbock, in any way, to pay any costs incurred in the preparation and submission of a bid. 5.2 The issuance of this ITB does not obligate the City of Lubbock to enter into contract for any services or , equipment. 5.3 All costs related to the preparation and submission of a bid shall be paid by the bidder. TRADE SECRETS CONFIDENTIAL INFORMATION AND THE TEXAS PUBLIC INFORMATION ACT 6.1 If you consider any portion of your bid to be privileged or confidential by statute or judicial decision, including trade secrets and commercial or financial information, clearly identify those portions. 6.2 The City of Lubbock will honor your notations of trade secrets and confidential information and decline to release such information initially, but please note that the final determination of whether a particular portion of your bid is in fact a trade secret or commercial or financial information that may be withheld from public inspection will be made by the Texas Attorney General or a court of competent jurisdiction. In the event a public information request is received for a portion of your bid that you have marked as being confidential information, you will be notified of such request and you will be required to justify your legal position in writing to the Texas Attorney General pursuant to Section 552.305 of the Government Code. In the event that it is determined by opinion or order of the Texas Attorney General or a court of competent jurisdiction that such information is in fact not privileged and confidential under Section 552.110 of the Government Code and Section 252.049 of the Local Government Code, then such 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. L_, c, i r - 7 LICENSES PERMITS TAXES The price or prices for the work shall include full compensation for all taxes, permits, etc. that the bidder is or may be required to pay. 8 UTILIZATION OF LOCAL BUSINESS RESOURCES Prospective bidders are strongly encouraged to explore and implement methods for the utilization of local resources, and to outline in their bid submittal how they would utilize local resources. 9 CONFLICT OF INTEREST 9.1 The bidder shall not offer or accept gifts or anything of value nor enter into any business arrangement with _ any employee, official or agent of the City of Lubbock. 9.2 By signing and executing this bid, the bidder certifies and represents to the City the bidder has not offered, conferred or agreed to confer any pecuniary benefit or other thing of value for the receipt of special treatment, advantage, information, recipient's decision, opinion, recommendation, vote or any other exercise of discretion concerning this bid. 10 CONTRACT DOCUMENTS 10.1 All work covered by the contract shall be done in accordance with contract documents described in the General Conditions. 10.2 All bidders shall be thoroughly familiar with all of the requirements set forth on the contract documents for the construction of this project and shall be responsible for the satisfactory completion of all work contemplated by said contract documents. 11 PLANS FOR USE BY BIDDERS It is the intent of the City of Lubbock that all parties with an interest in submitting a bid on the project covered by the contract documents be given a reasonable opportunity to examine the documents and prepare a bid without charge or forfeiture of deposit. The contract documents may be examined without charge as noted in the Notice to Bidders. 12 BIDDER INOURUIES 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 Public works Contracting Officer if any language, requirements, etc., or any combinations thereof, inadvertently restricts or limits the requirements stated in this I TB to a single source. Such notification must be submitted in writing and must be received by the City of Lubbock Public Works Contracting 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: Darlene Doss, Buyer City of Lubbock Public Works Contracting Office 1625 13' Street, Room 204 Lubbock, Texas 79401 Fax: 806-775-2164 Email: ddoss cr,mylubboc.us Bidsync: www.bidsync.com 13 14 15 16 17 TIME AND ORDER FOR COMPLETION 13.1 The construction covered by the contract documents shall be substantially completed within ONE HUNDRED FIFTY (150) CALENDAR DAYS from the date specified in the Notice to Proceed issued by the City of Lubbock to the successful bidder. 13.2 The Contractor will be permitted to prosecute the work in the order of his own choosing, provided, however, the City reserves the right to require the Contractor to submit a progress schedule of the work contemplated by the contract documents. In the event the City requires a progress schedule to be submitted, and it is determined by the City that the progress of the work is not in accordance with the progress schedule so submitted, the City may direct the Contractor to take such action as the City deems necessary to ensure completion of the project within the time specified. PAYMENT _. All payments due to Contractor shall be made in accordance with the provisions of the General Conditions of the contract documents. 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. MATERIALS AND WORKMANSHIP t- 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. GUARANTEES 17.1 All equipment and materials incorporated in the project and all construction shall be guaranteed against defective materials and workmanship. Prior to final acceptance, the Contractor shall furnish to the Owner, a written general guarantee which shall provide that the Contractor shall remedy any defects in the work, and pay for any and all damages of any nature whatsoever resulting in such defects, when such defects appear within ONE year from date of final acceptance of the work as a result of defective materials or workmanship, at no cost to the Owner (City of Lubbock). 17.2 Notwithstanding any provisions contained in the contractual agreement, the Contractor represents and warrants fault -free performance and fault -free result in the processing date and date -related data (including, but not limited to calculating, comparing and sequencing) of all hardware, software and firmware products delivered and services provided under this Contract, individually or in combination, as the case may be from the effective date of this Contract. Also, the Contractor warrants calculations will be recognized and accommodated and will not, in any way, result in hardware, software or firmware failure. The City of Lubbock, at its sole option, may require the Contractor, at any time, to demonstrate the procedures it intends to follow in order to comply with all the obligations contained herein. 17.3 The obligations contained herein apply to products and services provided by the Contractor, its sub- contractor or any third party involved in the creation or development of the products and services to be delivered to the City of Lubbock under this Contract. Failure to comply with any of the obligations contained herein, may result in the City of Lubbock availing itself of any of its rights under the law and under this Contract including, but not limited to, its right pertaining to termination or default. �j 17.4 The warranties contained herein are separate and discrete from any other warranties specified in this Contract, and are not subject to any disclaimer of warranty, implied or expressed, or limitation to the `- 4 1' Contractor's liability which may be specified in this Contract, its appendices, its schedules, its annexes or any document incorporated in this Contract by reference. 18 PLANS FOR THE CONTRACTOR The contractor will, upon written request, be furnished up to ten sets of plans and specifications and related contract documents for use during construction. Plans and specifications for use during construction will only be furnished directly to the Contractor. The Contractor shall then distribute copies of plans and specifications to suppliers, subcontractors or others, as required for proper prosecution of the work contemplated by the Contractor. 19 PROTECTION OF THE WORK The Contractor shall be responsible for the care, preservation, conservation, and protection of all materials, supplies, machinery, equipment, tools, apparatus, accessories, facilities, and all means of construction, and any and all parts of the work whether the Contractor has been paid, partially paid, or not paid for such work, until the date the City issues its certificate of completion to Contractor. The City reserves the right, after the bids have been opened and before the contract has been awarded, to require of a bidder the following information: (a) The experience record of the bidder showing completed jobs of a similar nature to the one covered by the intended contract and all work in progress with bond amounts and percentage completed. (b) A sworn statement of the current financial condition of the bidder. (c) Equipment schedule. 20 TEXAS STATE SALES TAX 20.1 This contract is issued by an organization which qualifies for exemption provisions pursuant to provisions of Article 20.04 of the Texas Limited Sales, Excise and Use Tax Act. 20.2 The Contractor must obtain a limited sales, excise and use tax permit which shall enable him to buy the materials to be incorporated into the work without paying the tax at the time of purchase. 21 PROTECTION OF SUBSURFACE LINES AND STRUCTURES It shall be the Contractor's responsibility to prosecute the work contemplated by the contract documents in such a way as to exercise due care to locate and prevent damage to all underground pipelines, utility lines, conduits or other underground structures which might or could be damaged by Contractor during the construction of the project contemplated by these contract documents. The City of Lubbock agrees that it will furnish Contractor the location of all such underground lines and utilities of which it has knowledge. However, such fact shall not relieve the Contractor of his responsibilities aforementioned. All such underground lines or structures cut or damaged by Contractor during the prosecution of the work contemplated by this contract shall be repaired immediately by Contractor to the satisfaction of the City of Lubbock, Texas, at Contractor's expense. 22 BARRICADES AND SAFETY MEASURES The contractor shall, at his own expense, furnish and erect such barricades, fences, lights and danger signals, and shall take such other precautionary measures for the protection of persons, property and the work as may be necessary. The Contractor will be held responsible for all damage to the work due to failure of barricades, signs, and lights to protect it, and when damage is incurred, the damaged portion shall be immediately removed and replaced by Contractor at his own cost and expense. The Contractor's responsibility for maintenance of barricades, signs, and lights shall not cease until the date of issuance to Contractor of City's certificate of acceptance of the project. 23 EXPLOSIVES 23.1 The use of explosives will not be permitted unless written permission to do so is obtained by the Contractor from the City. In all cases where written permission is obtained for the use of explosives, the Contractor shall assume full responsibility for all damage, which may occur as a direct or indirect result of the blasting. In addition, in all cases where explosives are authorized to be used, the Contractor shall use utmost care so as not to endanger life or property and the Contractor shall further use only such { methods as are currently utilized by persons, firms, or corporations engaged in similar type of construction activity. 23.2 Explosive materials shall not be stored or kept at the construction site by the Contractor. 23.3 In all cases where explosives are to be used during the construction of the project contemplated by this contract, it shall be the duty of the Contractor to notify each utility company having structures (above or below the ground) in proximity to the site of the work of Contractor's intention to use explosives, and such notice shall be given sufficiently in advance to enable the companies to take such steps as they may deem necessary to protect their property from injury. Such notice, however, shall not relieve the Contractor of responsibility for any damage resulting from his blasting operations. 24 CONTRACTOR'S REPRESENTATIVE The successful bidder shall be required to have a responsible local representative available at all times while the work is in progress under this contract. The successful bidder shall be required to furnish the name, address and telephone number where such local representative may be reached during the time that the work contemplated by this contract is in progress. 25 INSURANCE 25.1 The Contractor shall not commence work under this contract until he has obtained all insurance as required in the General Conditions of the contract documents, from an underwriter authorized to do business in the State of Texas and satisfactory to the City. Proof of coverage shall be furnished to the City and written notice of cancellation or any material change will be provided ten (10) days in advance of cancellation or change. All policies shall contain an agreement on the part of the insurer waiving the right to subrogation. The Contractor shall procure and carry at his sole cost and expense through the life of this contract, insurance protection as hereinafter specified. Coverage in excess of that specified herein also shall be acceptable. Such insurance shall be carried with an insurance company authorized to transact business in the State of Texas and shall cover all operations in connection with this contract, whether performed by the Contractor or a subcontractor, or separate policies shall be provided covering the operation of each subcontractor. A certificate of insurance specifying each and all coverages shall be submitted before contract execution. 25.2 PROOF OF COVERAGE SHALL BE FURNISHED TO THE CITY OF LUBBOCK IN THE 1_ FORM OF A CERTIFICATE OF INSURANCE. THE INSURANCE CERTIFICATES FURNISHED SHALL NAME THE CITY OF LUBBOCK AS A PRIMARY ADDITIONAL ) INSURED 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 s , NO WORK ON THIS PARTICULAR PROJECT SHALL BE SUBCONTRACTED. IT SHALL BE THE CONTRACTOR'S RESPONSIBILITY TO PROVIDE TO THE OWNER ALL PROOF OF COVERAGE INSURANCE DOCUMENTS INCLUDING WORKERS COMPENSATION COVERAGE FOR EACH SUBCONTRACTOR. J 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 t i 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 t 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 .,J, 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. i 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 weekends or holidays, the Contractor must notify the Owner's Representative not less than three full working days prior to the weekend or holiday he desires to do work and obtain written permission from the Owner's Representative f to do such work. The final decision on whether to allow construction work requiring an inspector on weekends or holidays will be made by the Owner's Representative. 26.3 In any event, if a condition should occur or arise at the site of this project or from the work being done under this contract which is hazardous or dangerous to property or life, the Contractor shall immediately commence work, regardless of the day of the week or the time of day, to correct or alleviate such condition so that it is no longer dangerous to property or life. j 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 engaged at the site of ` the work shall not later than the seventh day following the payment of wages, file with the Owner's Representative, or Engineer, a certified, sworn, legible copy of such payroll. This shall contain the name of each employee, his classification, the number of hours worked on each day, rate of pay, and net pay. The affidavit shall state that the copy is a true and correct copy of such payroll, that no rebates or deductions (except as shown) have been made, or will in the future be made from the wages paid as shown thereon. The Contractor must classify employees according to one of the classifications set forth in the schedule of general prevailing rate of per diem wages, which schedule is included in the contract documents. The Contractor shall forfeit as a penalty to the City of Lubbock on whose behalf this contract is made, 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 and returned to the bidder without being considered. 29 PREPARATION FOR BID 29.1 The bidder shall submit his bid on forms furnished by the City. All blank spaces in the form shall be correctly filled in and the bidder shall state the price both in words and numerals, for which he intends to do the work contemplated or furnish the materials required. Such prices shall be written in ink, distinctly and legibly, or typewritten. In case of discrepancy between the price written in words and the price written in figures, the price written in words shall govern. 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 fine, 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 4 t- 29.3.2 Bid for Street Micro -Surfacing 30 31 29.4 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. 29.5 Pursuant to Texas Local Government Code 252.043(g), a competitive sealed bid that has been opened may not be changed for the purpose of correcting an error in the bid price. THEREFORE, ANY CORRECTIONS TO THE BID PRICE MUST BE MADE ON THE BID SUBMITTAL FORM PRIOR TO BID OPENING. BOUND COPY OF CONTRACT DOCUMENTS Bidder understands and agrees that the contract to be executed by bidder shall be bound and will include the following: (a) Notice to Bidders. (b) General Instructions to Bidders. (c) Bidder's Submittal. (d) Statutory Bonds (if required). (e) Contract Agreement. (f) General Conditions. (g) Special Conditions (if any). (h) Specifications. (i) Insurance Certificates for Contractor and all Sub -Contractors. 0) All other documents made available to bidder for his inspection in accordance with the Notice to Bidders. If Plans and Specifications are too bulky or cumbersome to be physically bound, they are to be considered incorporated by reference into the aforementioned contract documents. 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 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 may be required to provide the name(s) of supervisor(s) that will be used to perform work on this project in compliance with City of Lubbock specifications herein. 32 BID AWARD 32.1 The City of Lubbock reserves the right to reject any or all bids, reject any particular item on a bid, and to waive immaterial formalities and to accept the offer most advantageous to the City of Lubbock in its sole f" discretion. Unless otherwise specified herein, the City shall award the bid based on the total bid for Bid Items 1 through 15 plus the sum of any Alternate Bids or Options the City may select. 32.2 All bids are evaluated for compliance with specifications before the bid price is considered. Response to specifications is primary in determining the best low bid. Failure to comply with the specifications may result in disqualification of the bid. E 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. 1 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. 33 ANTI -LOBBYING PROVISION 33.1 DURING THE PERIOD BETWEEN THE BID CLOSE DATE AND THE CONTRACT AWARD, BIDDERS, INCLUDING THEIR AGENTS AND REPRESENTATIVES, SHALL NOT DIRECTLY DISCUSS OR PROMOTE THEIR BID WITH ANY MEMBER OF THE LUBBOCK CITY COUNCIL OR CITY STAFF EXCEPT IN THE COURSE OF CITY - SPONSORED INQUIRIES, BRIEFINGS, INTERVIEWS, OR PRESENTATIONS, UNLESS REQUESTED BY THE CITY. 33.2 This provision is not meant to preclude bidders from discussing other matters with City Council members or City staff. This policy is intended to create a level playing field for all potential bidders, assure that contract decisions are made in public, and to protect the integrity of the bid process. Violation of this provision may result in rejection of the bidder's bid. 34 PREVAILING WAGE RATES 34.1 Bidders are required to comply with Texas Government Code, Chapter 2258, Prevailing Wage Rates, with respect to the payment of prevailing wage rates for the construction of a public work, including a building, highway, road, excavation, and repair work or other project development or improvement, paid for in whole or in part from public funds, without regard to whether the work is done under public supervision or direction. A worker is employed on a public work if the worker is employed by the contractor or any subcontractor in the execution of the contract for the project. i__ 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: bgp://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. 1 10 t BID SUBMITTAL FORM Page Intentionally Left Blank s_ BID SUBMITTAL FORM j UNIT PRICE BID CONTRACT DATE: _ gP911- .2 3aoaq PROJECT NUMBER: # 09-715-DD -STREET MICRO -SURFACING f Bid of ZAILed &AJrZWCr-61A1 CAD, , Ti✓t. (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 a STREET MICRO -SURFACING, 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 proj ect * including the availability of materials and labor, hereby intends to furnish all labor, materials, and supplies; and to construct the project in accordance with the plans, specifications and contract documents, within the time set forth therein and at the price stated below. The bidder binds himself on acceptance of his bid to execute a contract and any required bonds, according to the accompanying forms, for performing and completing the said work within the time stated and for the prices stated below. Estimated Item Quantity No. & Unit Description of Item Total Amount 1. 1075 000 SY Micro -Surfacing CSS-lP in accordance with TxDOT. Specifications Item # 350 > g p , including labor and equipment. TOTAL ITEM #l:io Ool.G�,iwD goer /- Fode proinr $ g.5* /SY(-�!Z 62 40D, Gb ) (Unit Price Amounts shall be shown in both words and numerals. In case of discrepancy, the amount shown in words shall govem.) 2. 6,000 EA Paint stripe tabs for all streets requiring lane line repainting, including labor, equipment, preparation of existing surface, etc. TOTAL ITEM #2: /la Oea4yeS , A1_a FI F T� cE N I-S $ ..S"o 1&41r 9 o o ) (Unit Price Amounts shall be shown in both words and numerals. In case of discrepancy, the amount shown in words shalt govern) 3. 900 LF 24" Surface preparation on concrete materials including grinding, sealing, pre -marking, elimination of existing markings and installation complete and in place. TOTAL ITEM #3: 6ZV& f1 VOZ.L"_V ,r/D F/,�'TY CE,yTs $1/. ra lLF( /0,9�520.400 ) (Unit Price Amounts shall be shown in both words and numerals. In case of discrepancy, the amount shown in words shall govem.) 4. 1,000 LF 8" Surface preparation on concrete materials including grinding, sealing, pre -marking elimination of existing markings, and installation complete and in place TOTAL ITEM #4: 75/QEE Aa—Aze.S AW 4gwns $ 3. 96 /LF(10 3, 3a� . o 0 (Unit Price Amounts shall be shown in both words and numerals. In case of discrepancy, the amount shown in words shall govern) Bidder's Initials ITB09715DD\pubhcworkscontracting\bidform l Item Estimated No. Quantity & Unit Description of Item Total Amount 5. 2,246 LF Type I Thermoplastic pavement marking .125 Mil 24" white stop line (TxDOT DMS 8220). Including labor, equipment, and preparation of existing surface. Complete and in place. TOTAL ITEM #5: Fide Dbt Ae.2 AAA a -la w T-/ 10 'o 7--c $ S. Ao /LFe /,9 0.74. 80 ) (Unit Price Amounts shall be shown in both words and numerals. In case of discrepancy, the amount shown in words shall govem.) 6. 3,440 LF Type I Thermoplastic pavement marking .125 Mil 24" white continental crosswalk (TxDOT DMS 8220). Including labor, equipment, and preparation of existing surface. Complete and in place. TOTAL ITEM #6: g!�V 4-W T AVU "S A Q A/o CeMrS $ 1- oa /LF(�.?7 S-299• o o ) (Unit Price Amounts shall be shown in both words and numerals. In case of discrepancy, the amount shown in words shall govern.) 7. 2,118 EA Type II A -A raised pavement marker (TxDOT DMS 8240),Including labor, equipment, and preparation of existing surface, and installation. Complete and in place. TOTAL ITEM #7: T,Fi g G /041,AUS li-" 7WEe/72� - 6-=*75 $ Y.A0 /EAC; 6, 7T (Unit Price Amounts shall be shown in both words and numerals. In case of discrepancy, the amount shown in words shall govern.) 8. 2,489 EA Type Il W-C raised pavement marker (TxDOT DMS 8240). Including labor, equipment, and preparation of existing surface, and installation. Complete and in place. TOTAL ITEM #8: rhWEE 0ol-64 ES A60 72MEA17Y- C 75 $ 3.76 /EA(0 %, 964180 ) (Unit Price Amounts shall be shown in both words and numerals. In case of discrepancy, the amount shown in words shall govern) 9. 350 EA Type 116" ceramic A -A RPM pavement marker (TxDOT DMS 8240). Including labor, equipment, and preparation of existing surface, and installation. Complete and in place. I TOTAL ITEM#9: 7"�5A/ 0,044s .4.r/O A/f" r�AI� $ /o.Sd /EA(` 3. 67S,ad ) (Unit Price Amounts shall be shown in both words and numerals. In case of discrepancy, the amount shown in words shall govern.) 10. 71 EA Thermoplastic pavement marking Right or Left turn arrow (TxDOT DMS 8220). Including labor, equipment, and preparation of existing surface. Complete and in place. k, TOTAL ITEM #lOC *A e- i/AAWE4- - d ua $13s, oa /EA f %- f o d (Unit Price Amounts shall be shown in both words and numerals. In case of discrepancy, the amount shown in words shall govern) ) 11. 16,723 LF 4" Thermoplastic lane line elimination. Including labor, equipment, and all tools necessary to remove thermoplastic markings. n/p QO 4.4.,tRS +A1 D TOTAL ITEM #11: E1 & t-/ rY c. e- /TS $ lLF(!!/3 378 a ) (Unit Price Amounts shall be shown in both words and numerals. In case of discrepancy, the amount shown in words shall ,govern.) 12. 2,740 LF 8" Thermoplastic lane line elimination. Including labor, equipment, and all tools necessary to remove thermoplastic markings. TOTAL ITEM #12: 6)AA5 E ,0V1- W AV49 %YI-JO !-FAlk CeWrs $ 13-5 /LF(!!4 (Unit Price Amounts shall be shown in both words and numerals. In case of discrepancy, the amount shown in words shall govern.) L' Bidder's Initials ITB09715DD\publicworkscontracting\bidform 2 No. Estimated Quantity & Unit Description of Item Total Amount 13. 2,685 LF 24" Thermoplastic lane line elimination. Including labor, equipment, and all tools necessary to remove thermoplastic markings. TOTAL ITEM #13: rald A044AeS A.ND S/XT Y. C&Wr,5- $ ::F. 60 /LF(!�t 4 -F f/. o a ) (Unit Price Amounts shall be shown in both words and numerals.'tn case of discrepancy, the amount shown in words govern) 14. 42 EA Thermoplastic turn arrow elimination. Including labor, equipment, and all. tools necessary to remove thermoplastic markings. TOTAL ITEM #14: E/GN 7"1 A1U.f1;eS A-40 A/'o $ ffO. o o /EAfgnJ 360 - -0o ) (Unit Price Amounts shall be shown in both words and numerals. In case of discrepancy, the amount shown in words shall govern) 15. 2,604 EA Raised Pavement Marking elimination Including labor, equipment, and all tools necessary to remove Raised Pavement Markings. TOTAL ITEM #15: /i10 0,1444 Y AA1.0 E/GAf / 66AI LK $ • 8'6 /EA(A.9 0f3. a o ) (Unit Price Amounts shall be shown in both words and minerals. In case of discrepancy, the amount shown in words shall govern) TOTAL BID, ITEMS #1- #15: MATERIALS: E ,IIIGLio�l Fmt t/i/.dmgp o/G,�i�T Tlrfct/yAo ayy Tick $ /, �o� 0ll.7• So xjot.c-Ades IfA/D CiA-ry eAA1 r5 LABORaJ6—r t/WVAJ 7140 fV.y4W--t-D 7'r -A114F 2111VMsof r Six $ j 2R 9 6S8.30 hOAMX60 F�r10A9 7-&LA4W TOTAL BID pro Tttl K c Sa+y-S. ITEMS #1 - #15: T/y© t!/uaoW SeprW So (Unit Price Amounts shall be shown in both words and numerals. In case of dise7ancy, the amount shown in words shall govern) tIVA WeV r-jr G EvTS _ Bidder hereby agrees to commence the work on the above project on a date to be specified in a written "Notice to Proceed" of the Owner and to substantially complete the project within 150_(ONE HUNDRED FIFTY) calendar days thereafter as stipulated in the specifications and other contract documents. Bidder hereby further agrees to pay to Owner as liquidated damages the sum of $1,000 (ONE THOUSAND DOLLARS) for each day in excess of the time set forth herein above for completion of this project, all as more fully set forth in the general conditions of the contract documents. Bidder understands and agrees that this bid submittal shall be completed and submitted in accordance with instruction number 28 of the General Instructions to Bidders. Bidder understands that the Owner reserves the right to reject any or all bids and to waive any formality in the bidding. The Bidder agrees that this bid shall be, good and may not be withdrawn for a period of thirty (30) calendar days after the scheduled closing time for receiving bids. aTIL Bidder's Initials ITB09715DD\publicworkscontracting\bidform The undersigned Bidder hereby declares that he has visited the site of the work and has carefully examined the i plans, specifications and contract documents pertaining to the work covered by this bid, and he further agrees to commence work on or before the date specified in the written notice to proceed, and to substantially complete the work on which he has i ' bid; as provided in the contract documents. I Bidders are required, whether or not a payment or performance bond is required, to submit a cashier's check or certified check issued by a bank satisfactory to the City of Lubbock, or a bid bond from a reliable surety company, payable without recourse to the order of the City of Lubbock in an amount not less than five percent (5%) of the total amount of the bid submitted as a guarantee that bidder will enter into a contract, obtain all required insurance policies, and execute all necessary bonds (if required) within ten (10) business days after notice of award of the contract to him. Enclosed with this bid is a Cashier's Check or C rtified Check for Dollars ($ ) or a Bid Bond in the sum of S dC &'4/C iP,Pck HI J Dollars which it is agreed shall be collected and retained by the Owner as liquidated damages in the event the bid is accepted by the Owner and the undersigned fails to execute the necessary contract documents, insurance certificates, and the required bond (if any) with the Owner within ten (10) business days after the date of receipt of written notification of acceptance of said bid; otherwise, said check or bond shall be returned to the undersigned upon demand. Bidder understands and agrees that the contract to be executed by Bidder shall be bound and include all contract documents made available to him for his inspection in accordance with the Notice to Bidders. r Pursuant to Texas Local Government Code 252.043(a), a competitive sealed bid that has been opened may not be changed for the purpose of correcting an error in the bid price. THEREFORE, ANY CORRECTIONS TO THE BID PRICE MUST BE MADE ON THE BID SUBMITTAL FORM PRIOR TO BID OPENING. (Seal if Bidder is a Corporation) ATTEST: Secretary Bidder acknowledges receipt of the following addenda: Addenda No. �_ Date -/7- wf Addenda No. Date Addenda No. Date Addenda No. Date MlWBE Firm: Date:. A94L Z3 „zoo AuVioriwd Signature 00A1,44,0 J• .&,1- 6WAI (Printed or Typed Name) Company 7?0. r3ox �300 Address 64- A.., A/4 A/� Citv, County i-&AISAS 6756.2. State Zip Code Telephone: Zf s Fax: 715 - ZAS- 7P34 VEDERAL TAX ID or SOCL4L SECURITY No. h/,P- 067.30 a o h [I ITB09715DD\pubHeworkscontracting\bidform 4 CITY OF LUBBOCK INSURANCE REQUIREMENT AFFIDAVIT To Be Completed by Bidder and Agent Must be submitted with Bid I, the undersigned Bidder, certify that the insurance requirements contained in this bid document have been reviewed by me with the below identified Insurance Agent/Broker. If I am awarded this contract by the City of Lubbock, I will be able to, within ten (10) business days after being notified of such award by the City of Lubbock, furnish a valid insurance certificate to the City meeting all of the requirements defined in this bid. ontractor (Original Signature) Olial j j. KA 4e Contractor (Print) CONTRACTOR'S FIRM NAME: ,D Q %l o u ��7�{ GCC 17 j-, Co, . (Print or Type) CONTRACTOR'S FIRM ADDRESS: 1 O 66 / Z-� U D ,Set //zi k/s 67L/0 0-Ao 0 Name of Agent/Broker: Agent / Broker (Signature) Address ofAgentBroker: Q o )7.ox / a/ 3 City/State/Zip: 5 A // 4 Gt & `% V O �2 — / Z/ .' AgentBr�o/ker Telephone Number: (� S. } 02 S5- 0 ' .*p 6 Date: `V-2/— % NOTE TO CONTRACTOR If the time requirement specified above is not met, the City has the right to reject"this bid and award the contract to another contractor. If you have any questions concerning these requirements, please contact the Buyer for the City of Lubbock at (806) 775-2168. BID # 09-715-DD - STREET MICRO -SURFACING Page Intentionally Left Blank 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 incidence involving worker safety or safety of the citizens of the City of Lubbock, be it related or caused by environmental, mechanical, operational, supervision or any other cause or factor. Specifically, the City may consider, among other things: a. Complaints to, or final orders entered by, the Occupational Safety and Health Review Commission (OSHRC), against the 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/revocatibns of state or federal licenses or registrations, fines assessed, pending criminal complaints, indictments, or convictions, administrative orders, draft orders, final orders, and judicial final judgments. C. Convictions of a criminal offense within the past ten (10) years, which resulted in bodily harm or death. d. Any other safety related. matter deemed by the City Council to be material in determining the responsibility of the bidder and his or her ability to perform the services or goods required by the bid documents in a safe environment, both for the workers and other employees of bidder and the citizens of the City of Lubbock. In order to obtain proper information from bidders so that City of Lubbock may consider the safety records of potential contractors prior to awarding bids on City contracts, City of Lubbock requires that bidders answer the following three (3) questions and submit them with their bids: QUESTION ONE Has the bidder, or the firm, corporation, partnership, or institution represented by the bidder, or anyone acting for such firm, corporation, partnership or institution, received citations for violations of OSHA within the past three (3) years? YES NO. 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. I" DSK1 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--X_ If the bidder has indicated YES for question number two above, the bidder must provide to City of Lubbock, with its bid submission, the following information with respect to each such conviction: Date of offense or occurrence, location where offense occurred, type of offense, final disposition of offense, if any, and penalty assessed. OUESTION THREE Has the bidder, or the firm, corporation, partnership, or institution represented by bidder, or anyone acting for such firm, corporation, partnership, or institution, ever been convicted, within the past ten (10) years, of a criminal offense which resulted in serious bodily injury or death? YES NO--4 If the bidder has indicated YES for question number three above, the bidder must provide to City of Lubbock, with its bid submission, the following information with respect to each such conviction: Date of offense, location where offense occurred, type of offense, final disposition of offense, in any, and penalty assessed. ACKNOWLEDGEMENT THE STATE OF TEXAS COUNTY OF LUBBOCK I certify that I have made no willful misrepresentations in this Questionnaire nor have I withheld information in my statements and answers to questions. I am aware that the information given by me ' in this questionnaire shall be investigated, with my full permission, and that any misrepresentations or omissions may cause my bid to be rejected. Signature r Title 2 r _J SUSPENSION AND DEBARMENT CERTIFICATION Federal Law (A-102 Common Rule and OMB Circular A-110) prohibits non -Federal entities from contracting with or making sub -awards under covered transactions to parties that are suspended or debarred or whose principals are suspended or debarred. Covered transactions include procurement contracts for goods or services equal to or in excess of $25,000 and all non -procurement transactions (e.g., sub -awards to sub -recipients). Contractors receiving individual awards of $25,000 or more and all sub -recipients must certify that their organization and its principals are not suspended or debarred by a Federal agency. Before an award of $25,000 or more can be made to your firm, you must certify that your organization and its principals are not suspended or debarred by a Federal agency. I, the undersigned agent for the firm named below, certify that neither this firm nor its principals are suspended or debarred by a Federal agency. COMPANY NAME: 4441-dd C'D,t/S?,P���"la,t/ At Z"�C. FEDERAL TAXED or SOCIAL SECU Y No. ��-b�730a0 Signature of Company Official: / Printed name of company official signing above: Cilllft-d V W,# 1d F'AJ Date Signed:_&/L Paize Intentionally Left Blank LA 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. 16. LIST OF SUB -CONTRACTORS Company Name and City 111 , jl� ; KV-27,7145MUM Minority Owned Yes or No El El 0 0 0 El 0 0 El 0 0 0 0 El THIS FORM SHALL BE COMPLETED AND RETURNED ALONG WITH YOUR BID IF NO SUB -CONTRACTORS WILL BE USED PLEASE INDICATE SO Pate Intentionally Left Blank POST -CLOSING DOCUMENT REQUIREMENTS The below -listed document must be received in the Public Works Contracting Office Not Later Than TWO BUSINESS DAYS after the close date when bids are due. FINAL LIST OF SUB -CONTRACTORS Page Intentionally Left Blank 'a I I 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. 16. FINAL LIST OF SUB -CONTRACTORS Company Name and City AJAACICAdESZ4141,uIT E6 Minority Owned Yes or No ❑ ❑ D D ❑ ❑ ❑ 0 ❑ 0 0 ❑ ❑ 0 ❑ 0 ❑ ❑ 0 ❑ ❑ ❑ ❑ D ❑ ❑ ❑ ❑ THIS FORM SHALL BE COMPLETED AND RETURNED NOT LATER THAN TWO BUSINESS DAYS AFTER THE CLOSE DATE WHEN BIDS ARE DUE IF NO SUB -CONTRACTORS WILL BE USED PLEASE INDICATE SO BID # 09-715-DD - STREET MICRO -SURFACING I Patze Intentionally Left Blank PAYMENT BOND Pate Intentionally Left Blank 1 STATUTORY PAYMENT BOND PURSUANT TO SECTION 2253.021(a) ` OF THE TEXAS GOVERNMENT CODE -, (CONTRACTS MORE THAN $25,000) 50,A�%QB-b�7d �7 KNOW ALL MEN BY THESE PRESENTS, thatj�o//a,, 6,2,5kuobn, Cv fin. (hereinafter called the Principal(s), as Principal(s), and e� (hereinafter called the Surety(s), as Surety(s), are held and firmly bound unto the City of Lubbock (hereinafter called the { Obligee), in the amount of T a a'„a' ° � �;�, � ,a rA ` r`�' �' "Dollars {$ 1 7 2ol. lawful money of the United States for the payment whereof, the said Principal and Surety bind themsel ev s, and their heirs, administrators, executors, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has entered into a certain written contract with the Obligee, dated the l %' day of 2009, to & d 0 - 9/s )) P _ i and said Principal under the law is required before commencing the work provided for in said contract to execute a bond in the amount of said contract which contract is hereby referred to and made a part hereof as fully and to the same extent as if copied at length herein. NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the said Principal shall pay all claimants supplying labor and material to him or a subcontractor in the prosecution of the work provided for in said contract, then, this obligation shall be void; otherwise to remain in full force and effect; PROVIDED, HOWEVER, that this bond is executed pursuant to the provisions of Section 2253.021(a) of the Texas Government Code, and all liabilities on this bond shall be determined in accordance with the provisions of said Article to the same extent as if it were copied at length herein. IN WITNESS WHEREOF, the said Principal (s) and Surety (s) have signed and sealed this instrument this J Gj "' day of (1 t 2009. Tart(-tvs aAd S u-e� Surety Co mpa-1-1c�- *By. (Titre) 4 �irne�(-/� G (Company Name) By:lorwld -7. (Printe ame) cam. ( 'gnature) p(ej)-'4et,t- (Title) The undersigned surety company represents that it is duly qualified to do business in Texas, and hereby designates '�e y��r1 t �W- Wj n,lers 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. l6, aderr ,aj t, a /I , 6 a i -fic e Ai SuretyCo ft 0-;CA, * By: Approved as to form: r City of bbock , -4y: Ci Atto y * Note: If signed by an officer of the Surety Company there must be on file a certified extract from the by-laws showing that this person has authority to sign such obligation. If signed by an Attorney in Fact, we must have copy of power of attorney for our files. _ 2 i t_ PERFORMANCE BOND Paae Intentionally Left Blank STATUTORY PERFORMANCE BOND PURSUANT TO SECTION 2253.021(a) OF THE TEXAS GOVERNMENT CODE (CONTRACTS MORE THAN $100,000) KNOW ALL MEN BY THESE eelln 61ts4rutbri , that (hereinafter called the Principal(s), as Principal(s), and (hereinafter called the Surety(s), as Surety(s), are held and firmly bound unto the City of Lubbock (hereinafter called the Tiuu M> tt, n 5�ven t-<urcired 7h�r�-sevev� Obligee), in the amount of �hs�.tz, t se +1�.�d��a o Dollars�3) ?0/. ) lawful money of the United States for the payment whereof, the said Principal and Surety bind themselves, and their heirs, administrators, executors, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has entered into a c, 2009, to b4 Oyu_ '%/S- written contract with the Obligee, dated the / %'day of - J5 'ee-�- 1)1"C -d -A. Gthq — 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 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 191;'4 day of _ y 52009. Trw d ur (GtSuai b , tin ) I tc ee -1 Surety *By. (Company Name) ByJ )0/o /,/ (Printe ame) (Signature) % !'i ojl c,/t°/t (Title) f— The undersigned surety company represents that it is duly qualified to do business in Texas, and hereby designate �L' A i 4r (1w j Orsan 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. Il aLUC�PYY.r (�� AL��Il �h' Surety _ SuretyCJvnpk&� of ca_ �a *By. Title) Approved as to Form City of Lubbock By: 1 Attorn * Note: If signed by an officer of the Surety Company, there must be on file a certified extract from the by-laws showing that this person has authority to sign such obligation. If signed by an Attorney in Fact, we must have copy of power of attorney for our files. Ul WARNING: THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER POWER OF ATTORNEY TRAVELERSFarmington Casualty Company St. Paul Guardian Insurance Company Fidelity and Guaranty Insurance Company St. Paul Mercury Insurance Company Fidelity and Guaranty Insurance Underwriters, Inc. Travelers Casualty and Surety Company Seaboard Surety Company Travelers Casualty and Surety Company of America St. Paul Fire and Marine Insurance Company United States Fidelity and Guaranty Company Attorney -In Fact No. 220373 Certificate No. O O 2 5 9 ®O 2 6 KNOW ALL MEN BY THESE PRESENTS: That Seaboard Surety Company is a corporation duly organized under the laws of the State of New York, that St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company and St. Paul Mercury Insurance Company are corporations duly organized under the laws of the State of Minnesota, that Farmington Casualty Company, Travelers Casualty and Surety Company, and Travelers Casualty and Surety Company of America are corporations duly organized under the laws of the State of Connecticut, that United States Fidelity and Guaranty Company is a corporation duly organized under the laws of the State of Maryland, that Fidelity and Guaranty Insurance Company is a corporation duly organized under the laws of the State of Iowa, and that Fidelity and Guaranty Insurance Underwriters, Inc. is a corporation duly organized under the laws of the State of Wisconsin (herein collectively called the "Companies"), and that the Companies do hereby make, constitute and appoint Roberta K. Blair, Philip C. Krug, Brenda R. Smith, James D. Wilson, Kristy L. Balthazor, Leslie M. Webb, Sheri A. Eppenbach, and Mark A. Skidmore of the City of Salina , State of Kansas , their true and lawful Attomey(s)-in-Fact, each in their separate capacity if more than one is named above, to sign, execute, seal and acknowledge any and all bonds, recognizances, conditional undertakings and other writings obligatory in the nature thereof on behalf of the Companies in their business of.guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. 28th IN WITNESS WHEREOF, the Comp�riiigs8have caused this instrument,to be signed and their corporate seals to be hereto affixed, this Aug day of ZZUUUU Farmington Casualty Company St. Paul Guardian Insurance Company Fidelity and Guaranty Insurance Company St. Paul Mercury Insurance Company Fidelity and Guaranty InsuranceUnderwrit'ers, Inc. Travelers Casualty and Surety Company Seaboard Surety Company Travelers Casualty and Surety Company of America St. Paul Fire and Marine Insurance Company United States Fidelity and Guaranty Company O OAS�Ijr CT� � �Ty 00. —..- State of Connecticut City of Hartford ss. By: /Georg99Thompson, enior ice President On this the 28th day of August 2008 before me personally appeared George W. Thompson, who acknowledged himself to be the Senior Vice President of Farmington Casualty Company, Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters, Inc., Seaboard Surety Company, St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of America, and United States Fidelity and Guaranty Company, and that he, as such, being authorized so to do, executed the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer. G,7Et In Witness Whereof, I hereunto set my hand and official seal. T�A� My Commission expires the 30th day of June, 2011. �jOIIBUG Marie C. Tetreault, Notary Public 58440-5-07 Printed in U.S.A. This Power of Attorney is granted under and by the authority of the foDowing resolutions adopted by the Boards of Directors of Farmington Casualty Company, Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters, Inc., Seaboard Surety Company, St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of America, and United States Fidelity and Guaranty Company, which resolutions are now in full force and effect, reading as follows: RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President, any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary may appoint Attorneys -in -Fact and Agents to act for and on behalf of the Company and may give such appointee such authority as his or her certificate of authority may prescribe to sign with the Company's name and seal with the Company's seal bonds, recognizances, contracts of indemnity, and other writings obligatory in the nature of a bond, recognizance, or conditional undertaking, and any of said officers or the Board of Directors at any time may remove any such appointee and revoke the power given him or her; and it is FURTHER RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President may delegate all or any part of the foregoing authority to one or more officers or employees of this Company, provided that each such delegation is in writing and a copy thereof is filed in the office of the Secretary; and it is FURTHER RESOLVED, that any bond, recognizance, contract of indemnity, or writing obligatory in the nature of a bond, recognizance, or conditional undertaking shall be valid and binding upon the Company when (a) signed by the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary and duly attested and sealed with the Company's seal by a Secretary or Assistant Secretary; or (b) duly executed (under seal, if required) by one or more Attorneys -in -Fact and Agents pursuant to the power prescribed in his or her certificate or their certificates of authority or by one or more Company officers pursuant to a written delegation of authority; and it is FURTHER RESOLVED, that the signature of each of the following officers: President, any Executive Vice President, any Senior Vice President, any Vice President, any Assistant Vice President, any Secretary, any Assistant Secretary, and the seal of the Company may be affixed by facsimile to any power of attorney or to any certificate relating thereto appointing Resident Vice Presidents, Resident Assistant Secretaries or Attorneys -in -Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof, and any such power of attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding on the Company in the future with respect to any bond or understanding to which it is attached. I, Kori M. Johanson, the undersigned, Assistant Secretary, of Farmington Casualty Company, Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters, Inc., Seaboard Surety Company, St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety, Company ofAmerica, and United States Fidelity and Guaranty Company do hereby certify that the above and foregoing is a true and correct copy of the Power of Attorney executed by said Companies, which is in full force and effect and has not been revoked. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seals of said Companies this day of 20 Kori M. Johans Assistant Secretary 2 G�SU,��T QYV�...� ��ij. `F{RE 4�• O�TN,.� G •.JPt.{N�SV�'•.4 gJP�tY AI✓C8 �a'AZ"_"."Y eQYY "�i'•�(/ oaP°i4 �, �3T�pR°°°a �t ■F-e o°-� Q:'' '' :+" "'.'4"= � ^� ,�,'c �{G S • � Ct "`^^,rNWtED Y' � t C1 W : p0 t` �, i t s s 2 0 � 7 977 192? s -' i z -•- : �. NARTFORD, tuaarFnrro, '4 4 1{ O'a �;SE AI. io"J I��SEAL 6 y •. • .J s� a c a' •......:' aA! o. a 's as y �3 �sM�` To verify the authenticity of this Power of Attorney, call 1-800-421-3880 or contact us at www.travelersbond.com. Please refer to the Attorney -In -Fact number, the above -named individuals and the details of the bond to which the power is attached. WARNING: THIS POWER OF ATTORNEY IS INVAI-ID WITHOUT THE RED BORDER CERTIFICATE OF INSURANCE Pate Intentionally Left Blank ACORD CERTIFICATE OF LIABILITY INSURANCE 4/22TIT N I' PRODUCER (800) 563-1871 FAX: (785) 825-5098 SunflowerONLY Insurance Group, Inc. 7 S . Santa Fe P.O. Box 1213 Salina KS 67402-1213 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION NO RIGHTS THE HOLDER.NTHISONFERS CERT CERTIFICATE DOES NOTOAMEND, CERTIFICATEAMEND,OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. INSURERS AFFORDING COVERAGE NAIC # INSURED iBallou Construction Co., Inc. PO Box 2300 Salina KS 67402-2300 INSURER A: Travelers Indemnity Co 25658 INSURER B: Travelers Indemnity Co of 25682 INSURER C: Phoenix Insurance Co 25623 INSURER D: Travelers Prop Casual 0000 INSURER I -- 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. AGI iREG kTE LIMITS SHOWN M6Y HAVE BEE 4 REDUCED BY PAID CLAIMS. INSRINSRD ADIYL TYPE OF INSURANCE POLICY NUMBER DATE MM/DDrm TIVE DATE MMMIDD TION LIMITS A GENERAL LIABILITY X COMMERCIAL GENERAL LIABILITY I CLAWS MADE ❑X OCCUR X Completed Ops DTC06457B604IM09 3/31/2009 3/31/2010 EACH OCCURRENCE $ 1,000,000 DAMAGE TO RENTED one 3 300,000 $ 5,000 PERSONAL & ADV INJURY $ 1,000,000 X I Contractors GENERAL A $ 2,000,000 GEN'LAGGREGATE LIMIT APPLIES PM, POLICY X P O LOC _ S 2,000,000 B AUTOMOBILE LIABILITY ANY AUTO ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS NON -OWNED AUTOS DT8106457B604TCT09 3/31/2009 3/31/2010 COMBINED SINGLE LIMIT (Eaaoadent) $ 1,000,000 X BODILY INJURY (Pe, P-) S X BODILY INJURY (Pet accident) $ X PROPERTYDAMAGE (Per accident) $ GARAGE LIABILITY ANY AUTO AUTO ONLY -EAACCIDENT $ OTHER THAN AUTO ONLY: AGG $ EXCESSIUMBRELLA LIABILITY OCCUR CLAIMS MADE DEDUCTIBLE EACH OCCURRENCE $ A $ S S C WORKERS COMPENSATION AND LIABILITY ANY PROPRIETORIPARTNERIEXECUTNE OFFICER/MEMBEREXCLUDED? If yes, describe under SPECIAL PROVISIONS below DTACRUE6457B60409 3/31/2009 3/31/2010 TH- Y STA - OER LIMEMPLOYERS' EL EACH ACCIDENT $ 1,000,000 E.L.DISEASE-EA EMPLOYEE 1,000,000 E-L DISEASE - I Y I 1MIT I $ 1,000,000 D OTHER Equipment Rented/Leased to Others QT6606134B446TIL09 3/31/2009 3/31/2010 $250,000 any one item $1,000 Deductible DESCRIPTION OF OPERATONSA.00ATIONSNEHICLESIEXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS City of Lubbock, TX is named as a Primary Additional Insured on the General Liability Policy and a Waiver of ,Subrogation has been added to the General Liability Policy and Workers Compensation Policy, but only with respect to work performed by Ballou Construction Co., Inc. City of Lubbock 1625 13th St, Room 204 Lubbock, TX 79401 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 10 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED, TO THE LEFT, BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY IOND UPON THE ACORD 25 (2001108) INS025 imom om AUTHORED REPRESENTATIVE Brenda Smith/DWALKE ® ACORD CORPORATION 1988 Page 1 of 2 IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. ACORD 25 (2001108) INS025 poa>.aaa Page 2 of 2 i 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 i I report an employer's failure to provide coverage." and (8) contractually require each person with whom it contracts to provide services on a project, to: (A) provide coverage based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements for all of its employees providing services on the project, for the duration of the project; (B) provide a certificate of coverage to the contractor prior to that person beginning work on the project; (C) include in all contracts to provide services on the project the language in subsection (e) (3) of this rule; (D) provide the contractor, prior to the end of the coverage period, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (E) obtain from each other person with whom it contracts, and provide to the contractor: (i) a certificate of coverage, prior to the other person beginning work on the project; and (ii) prior to the end of the coverage period, a new certificate of coverage showing extension of the coverage period, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (F) retain all required certificates of coverage on file for the duration of the project and for one year thereafter; (G) notify the governmental entity in writing by certified mail or personal delivery, within (ten) 10 days after the person knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project; and (H) contractually require each other person with whom it contracts, to perform as required by paragraphs (A) - (H), with the certificate of coverage to be provided to the person for whom they are providing services. Page Intentionally Left Blank CONTRACT Pave Intentionally Left Blank I Li CONTRACT 8938 STATE OF TEXAS COUNTY OF LUBBOCK THIS AGREEMENT, made and entered into this 14th day of MAY 2009, 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 BALLOU CONSTRUCTION COMPANY, INC. of the City of SALINA, County of SALINE and the State of KANSAS 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# 09-715-DD - STREET MICRO -SURFACING - $2,737,701 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. Ballou Construction Company, Inc. bid dated April 23rd, 2009 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: ,A41_1_01/ d0W.5_rW dUTsA% 60.. -1-iVc. By: ^tiC PRINT NAME: D0A4*t-,6 t J. l O F A) TITLE: BeET14 C-7Alr- COMPLETE ADDRESS: Company 64/-p o% eod/lf�r/ci !I eN �Nr Address ?.Q. B c ar A 3 6 0 City, State, Zip Qk¢ ,W,1f ,Ci4-'U-1Jd 67'!as-.Z3v0 ATTEST: CITY OF LUBBOCK, TEXAS (OWNER): By: MAYOR ATTEST: City Se�retary ( \ APPR S TO C ENT: v t r Ow is Represen ative Director PR • • : OAIRV U � / tom' ` l • Page Intentionally Left Blank GENERAL CONDITIONS OF THE AGREEMENT Page Intentionally Left Blank GENERAL CONDITIONS OF THE AGREEMENT 1. OWNER t Whenever the word Owner, or First Party, are used in this contract, it shall be understood as referring to the City of Lubbock, Texas. 2. CONTRACTOR Whenever the word Contractor, or Second Party, is used, it shall be understood to mean the person, persons, co- partnership or corporation, to wit BALLOU CONSTRUCTION COMPANY, INC. who has agreed to perform _ the work embraced in this contract, or their legal representative. 3. OWNER'S REPRESENTATIVE Whenever the word Owner's Representative or representative is used in this contract, it shall be understood as referring to, City of Lubbock, or its representative ]KEVIN LAIR STREET SUPERINTENDENT, so designated who shall inspect constructions; or to such other representatives, supervisors, architects, engineers, or inspectors as may be authorized by said Owner to act in any particular 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". 5. INTERPRETATION OF PHRASES Whenever the words "Directed," "Permitted," "Designated," "Required," "Considered Necessary," "Prescribed," or words of like import are used, it shall be understood that the direction, requirement, permission, order, designation or prescription of the Owner's Representative is intended; and similarly, the words "Approved," "Acceptable," "Satisfactory," or words of like import shall mean approved by or acceptable or satisfactory to the Owner's Representative. 6. SUBCONTRACTOR The term Subcontractor, as employed herein, includes only those having a direct contract with the Contractor for performance of work on the project contemplated by these contract documents. Owner shall have no responsibility to any Subcontractor employed by Contractor for performance of work on the project contemplated by these contract documents, but said Subcontractors shall look exclusively to Contractor for any payments due Subcontractor. The City reserves the right to approve or disapprove the selection of any subcontractor(s). 7. WRITTEN NOTICE Written notice shall be deemed to have been duly served if delivered in person to the individual or to a member of the firm or to an officer of the corporation for whom it is intended, or if delivered at or sent certified mail to the last business address known to the party who gives the notice. CONTRACTOR'S RESPONSIBILITIES Unless otherwise stipulated, the Contractor shall provide and pay for all materials, supplies, machinery, equipment, tools, superintendence, labor, insurance, and all water, light, power, fuel, transportation and all other facilities necessary for the execution and completion of the work covered by the contract documents. Unless , otherwise specified, all materials shall be new and both workmanship and materials shall be of a good quality. The Contractor shall, if required, furnish satisfactory evidence as to the kind and quality of materials. Materials or work described in words which so applied have well known, technical or trade meaning shall be held to refer such recognized standards. All work shall be done and all materials furnished in strict conformity with the contract documents. 9. SUBSTANTIALLY COMPLETED The term "Substantially Completed" is meant that the structure or project contemplated by the contract documents has been made suitable for use or occupancy or the facility is in a condition to serve its intended purpose, but still may require minor miscellaneous work and adjustment. 10. LAYOUT Except as specifically provided herein, the Contractor shall be responsible for laying out all work and shall accomplish this work in a manner acceptable to the Owner's Representative. The Owner's Representative shall a check the Contractor's layout of all major structures and any other layout work done by the Contractor at Contractor's request, but this check does not relieve the Contractor of the responsibility of correctly locating all work in accordance with the Plans and Specifications. ' r 11. KEEPING OF PLANS AND SPECIFICATIONS ACCESSIBLE The Contractor shall be furnished copies of all Plans and Specifications without expense to Contractor and } Contractor shall keep one copy of same consistently accessible on the job site. 12. RIGHT OF ENTRY The Owner's Representative may make periodic visits to the site to observe the progress or quality of the executed work and to determine, in general, if the work is proceeding in accordance with the contract documents. Owner's Representative shall not be required to make exhaustive or continuous onsite inspections to check the quality or quantity of the work, nor shall Owner's Representative be responsible for the construction means, methods, techniques, sequences or procedures, or the safety precautions incident thereto. Notwithstanding the Owner's Representative's rights of entry hereunder, the Owner's Representative shall not be responsible for the Contractor's failure to perform the work in accordance with the Contract Documents. 13. LINES AND GRADES i_ All lines and grades shall be furnished whenever Owner's Representative deems said lines and grades are necessary for the commencement of the work contemplated by these contract documents or the completion of the work contemplated by these contract documents. Whenever necessary, Contractor shall suspend its work in order to permit Owner's Representative to comply with this requirement, but such suspension shall be as brief as practical and Contractor shall be allowed no extra compensation therefore. The Contractor shall give the Owner's 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, its Subcontractors, or its employees, such stakes, marks, etc., shall be replaced by the Owner's Representative at Contractor's expense. 14. OWNER'S REPRESENTATIVE'S AUTHORITY AND DUTY Unless otherwise specified, it is mutually agreed between the parties to this Agreement that the Owner's Representative has the authority to review all work included herein. The Owner's Representative has the authority to stop the work whenever such stoppage may be necessary to ensure the proper execution of the contract. The Owner's Representative shall, in all cases, determine the amounts and quantities of the several kinds r 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. i_ The Owner or Owner's Representatives shall not be responsible for the acts or omissions of the Contractor, or any subcontractors, or any of Contractor's agents or employees, or any other persons performing any of the work. 17. CONTRACTOR'S UNDERSTANDING It is understood and agreed that the Contractor has, by careful examination, satisfied itself as to the nature and location of the work, the confirmation of the ground, the character, quality and quantity of materials to be encountered, the character of equipment and facilities needed preliminary to and during the prosecution of the work, and the general and local conditions, and all other matters which in any way affect the work under the contract documents. No oral agreement or conversation with any officer, agent, or employee of the Owner, or Owner's Representative either before or after the execution of this contract, shall affect or modify any of the terms or obligations herein contained. Subject to the rights of Owner as set forth in Paragraph 23 hereof, all modifications and/or amendments to the contract documents, shall be in writing, and executed by Owner's Representative and Contractor. I Unless otherwise specified herein, all loss, expense or damage to Contractor arising out of the nature of the work to be done, or from the action of the elements, or from any unforeseen circumstance and the prosecution of the F' work, shall be sustained and borne by the Contractor at its own cost and expense. 18. CHARACTER OF WORKERS The Contractor agrees to employ only orderly and competent workers, skillful in the performance in the type of work required under this contract, to do the work; and agrees that whenever the Owner's Representative shall inform Contractor in writing that any man or men on the work, are, in Owner's Representative's sole opinion, incompetent, unfaithful, disorderly, or otherwise unacceptable to Owner or Owner's Representative, such man or men shall be discharged from the work and shall not again be employed on the work without the Owner's Representative's written consent. 19. CONSTRUCTION PLANT The Contractor shall provide all labor, tools, equipment, machinery and materials necessary in the prosecution and completion of this contract where it is not otherwise specifically provided that Owner shall famish same, and it is also understood that Owner shall not be held responsible for the care, preservation, conservation, or protection of any materials, tools, equipment or machinery or any part of the work until it is finally completed and accepted. The building of structures for the housing of men or equipment are permitted only at such places as the Owner's Representative shall consent or direct, and the sanitary conditions of the grounds in or about such structure shall at all times be maintained in a manner satisfactory to the Owner's Representative. 20. SANITATION t_1 Necessary sanitary conveniences for the use of laborers on the work site, properly secluded from public observation, shall be constructed and maintained by the Contractor in such manner and at such points as shall be approved by the Owner's Representative and their use shall be strictly enforced. 21. OBSERVATION AND TESTING The Owner or Owner's Representative shall have the right at all times to observe and test the work. Contractor shall make necessary arrangements and provide proper facilities and access for such observation and testing at any location wherever such work is in preparation or progress. Contractor shall ascertain the scope of any observation that may be contemplated by Owner or Owner's Representative and shall give ample notice as to the time each part of the work shall be ready for such observation. Owner or Owner's Representative may reject any such work found to be defective or not in accordance with the contract documents, regardless of the stage of its completion or the time or place of discovery of such errors and regardless of whether Owner's Representative has previously accepted the work through oversight or otherwise. If any such work should be covered without approval or consent of the Owner, it must, if requested by Owner or Owner's Representative, be uncovered for examination at Contractor's expense. In the event that any part of the work is being fabricated or manufactured at a location where it is not convenient for Owner or Owner's Representative to make observations of such work or require testing of said work, then in such event Owner or Owner's Representative may require Contractor to furnish Owner or Owner's Representative certificates of inspection, testing or approval made by persons competent to perform such tasks at the location where that part of the work is being manufactured or fabricated. All such tests shall be in accordance with the methods prescribed by the American Society for Testing and Materials or such other applicable organization as may be required by law or the contract documents. If any such work which is required to be inspected, tested, or approved is covered up without written approval or consent of the Owner or Owner's Representative, it must, if requested by the Owner or Owner's Representative, be t- uncovered for observation and testing at the Contractor's expense. The cost of all such inspections, tests and approvals shall be borne by the Contractor unless otherwise provided herein. Any work which fails to meet the requirements of any such tests, inspections or approvals, and any work which meets the requirements of any such t__` 4 tests or approvals but does not meet the requirements of the contract documents shall be considered defective, and shall be corrected at the Contractor's expense. Neither observations by the Owner or Owner's Representative, nor inspections, tests, or approvals made by Owner, Owner's Representative, or other persons authorized under the contract documents to make such 1 inspections, tests, or approvals shall relieve the Contractor from its obligation to perform the work in accordance with the requirements of the contract documents. 22. DEFECTS AND THEIR REMEDIES It is expressly agreed that if the work or any part thereof, or any material brought on the site of the work for use in the work or selected for the same, shall be deemed by the Owner or Owner's Representative as unsuitable or not in conformity with plans, specifications and/or contract documents, the Contractor shall, after receipt of written notice thereof from the Owner's Representative, forthwith remove such material and rebuild or otherwise remedy such work so that it shall be in full accordance with the contract documents. It is further agreed that any remedial action contemplated as hereinabove set forth shall be at Contractor's expense. 23. CHANGES AND ALTERATIONS The Contractor further agrees that the Owner may make such changes and alterations as the Owner may see fit, in the line, grade, form dimensions, plans or materials for the work herein contemplated, or any part thereof, either before or after the beginning of the construction, without affecting the validity of this contract and the accompanying bond. If such changes or alterations diminish the quantity of the work to be done, they shall not constitute the basis for a claim for damages, or anticipated profits on the work that may be dispensed with. If they increase the amount of work, and the increased work can fairly be classified under the specifications, such increase shall be paid according to the quantity actually done and at the unit price established for such work under this contract; otherwise such additional work shall be paid for as provided under Extra Work. In case the Owner shall make such changes or alterations as shall make useless any work already done or material already furnished or used in said work, then the Owner shall recompense the Contractor for any material or labor so used, and for actual expenses incurred in preparation for the work as originally planned. 24. EXTRA WORK The term "extra work" as used in this contract shall be understood to mean and include all work that may be required by the Owner or Owner's Representative to be done by the Contractor to accomplish any change, alteration or addition to the work as shown on the plans and specifications or contract documents and not covered by Contractor's bid, except as provided under Changes and Alterations herein. It is agreed that the Contractor shall perform all extra work under the direction of the Owner's Representative when presented with a written work order signed by the Owner's Representative; subject, however, to the right of the Contractor to require written confirmation of such extra work order by the Owner. It is also agreed that the compensation to be paid to the Contractor for performing said extra work shall be determined by the following methods: Method (A) - By agreed unit prices; or Method (B) - By agreed lump sum; or Method (C) - If neither Method (A) or Method (B) be agreed upon before the extra work is commenced, then the Contractor shall be paid the lesser of the following: (1) actual field cost of the extra work, plus fifteen (15%) percent; or (2) the amount that would have been charged by a reasonable and prudent Contractor as a reasonable and necessary cost for performance of the extra work. In the event said extra work be performed and paid for under Method (C)(1), then the provisions of this paragraph shall apply and the "actual field cost" is hereby defined to include the cost of all workmen, such as foremen, - timekeepers, mechanics and laborers, materials, supplies, teams, trucks, rentals on machinery and equipment, for the time actually employed or used on such extra work, plus actual transportation charges necessarily incurred, together with all expenses incurred directly on account of such extra work, including Social Security, Old Age i--- Benefits, Maintenance Bonds, Public Liability and Property Damage and Workers' Compensation and all other insurances as may be required by law or ordinances or directed by the Owner or Owner's Representative, or by them agreed to. Owner's Representative may direct the form in which accounts of the actual field cost shall be kept and records of these accounts shall be made available to the Owner's Representative. The Owner's Representative may also specify in writing, before the work commences, the method of doing the work and the type and kind of machinery and equipment to be used; otherwise, these matters shall be determined by the Contractor. Unless otherwise agreed upon, the prices for the use of machinery and equipment shall be determined by using 100%, unless otherwise specified, of the latest Schedule of Equipment and Ownership Expenses adopted by the Associated General Contractors of America. Where practical, the terms and prices for the use of machinery and equipment shall be incorporated in the written extra work order. The fifteen percent (15%) of the actual field cost to be paid to Contractor shall cover and compensate Contractor for its profit, overhead, general superintendence and field office expense, and all other elements of cost and expense not embraced within the actual field cost as herein defined, save that where the Contractor's Camp or Field Office must be maintained primarily on account of such Extra Work, then the cost to maintain and operate the same shall be included in the "actual field cost." No claim for extra work of any kind shall be allowed unless ordered in writing by Owner's Representative. In case any orders or instructions appear to the Contractor to involve extra work for which Contractor should receive compensation or an adjustment in the construction time, Contractor shall prior to commencement of such extra work, make written request to the Owner's Representative for a written order authorizing such extra work. Should a difference of opinion arise as to what does or does not constitute extra work or as to the payment therefore, and the Owner's Representative insists upon its performance, the Contractor shall proceed with the work after making written request for written order and shall keep adequate and accurate account of the actual field cost thereof, as provided under Method (C) (1). If Contractor does not notify Owner's Representative before the commencement of any extra work, any claim for payment due to alleged extra work shall be deemed waived. 25. DISCREPANCIES AND OMISSIONS It is further agreed that it is the intent of the contract documents that all work described in the bid, the - specifications, plans and other contract documents, is to be done for the prices quoted by the Contractor and that such price shall include all appurtenances necessary to complete the work in accordance with the intent of these -' contract documents as interpreted by Owner's Representative. Notices of any discrepancies or omissions in these plans, specifications, or contract documents, shall be given to the Owners' Representative and a clarification obtained before the bids are received, and if no such notice is received by the Owner's Representative prior to the opening of bids, then it shall be deemed that the Contractor fully understands the work to be included and has provided sufficient sums in its bid to complete the work in accordance with these plans and specifications. If Contractor does not notify Owner's Representative before bidding of any discrepancies or omissions, then it shall be deemed for all purposes that the plans and specifications are sufficient and adequate for completion of the project. It is further agreed that any request for clarification must be submitted no later than five (5) calendar days prior to the opening of bids. 26. RIGHT OF OWNER TO MODIFY METHODS AND EQUIPMENT If at any time the methods or equipment used by the Contractor are found to be inadequate to secure the quality of work with the rate of progress required under this contract, the Owner or Owner's Representative may order the - Contractor in writing to increase their safety or improve their character and efficiency and the Contractor shall comply with such order. If, at any time, the working force of the Contractor is inadequate for securing the progress herein specified, the Contractor shall, if so ordered in writing, increase its force or equipment, or both, to such an extent as to give reasonable assurance of compliance with the schedule of progress. i__s 27. PROTECTION AGAINST ACCIDENT TO EMPLOYEES AND THE PUBLIC AND GENERAL INDEMNITY The Contractor shall take out and procure a policy or policies of Workers' Compensation Insurance with an insurance company licensed to transact business in the State of Texas, which policy shall comply with the Workers' Compensation laws of the State of Texas. The Contractor shall at all times exercise reasonable precaution for the safety of employees and others on or near the work and shall comply with all applicable provisions of federal, state and municipal laws and building and construction codes. All machinery and equipment and other physical hazards shall be guarded in accordance with the "Manual of Accident Prevention in Construction" of Associated General Contractors of America, except where incompatible with federal, state or municipal laws or regulations. The Contractor, its sureties and insurance carriers shall defend, indemnify and hold harmless the Owner and all of its officers, agents and employees against any all losses, costs, damages, expenses, liabilities, claims and/or causes of action, whether known or unknown, fixed, actual, accrued or contingent, liquidated or unliquidated, including, but not limited to, attorneys' fees and expenses, in connection with, incident to, related to, or arising out of, the Contractor's or any subcontractor's, agent's or employee's, in any manner whatsoever, omission, execution and/or supervision of this contract, and the project which is the subject matter of this contract. The safety precautions taken shall be the sole responsibility of the Contractor, in its sole discretion as an Independent Contractor; inclusion of this paragraph in the Agreement, as well as any notice which may be given by the Owners or the Owner's Representative concerning omissions under this paragraph as the work progresses, are intended as reminders to the Contractor of its duty and shall not be construed as any assumption of duty to supervise safety precautions by either the Contractor or any of its subcontractors. 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 AND PROVIDE A WAIVER OF SUBROGATION IN FAVOR OF THE CITY OF LUBBOCK AS REQUIRED BELOW, OR IN THE ALTERNATIVE, SHALL BE ACCOMPANIED BY A STATEMENT FROM THE CONTRACTOR TO THE EFFECT THAT NO WORK ON THIS PARTICULAR PROJECT SHALL BE SUBCONTRACTED. IT SHALL BE THE CONTRACTOR'S RESPONSIBILITY TO PROVIDE TO THE OWNER ALL PROOF OF COVERAGE INSURANCE DOCUMENTS INCLUDING WORKERS COMPENSATION COVERAGE FOR EACH SUBCONTRACTOR. 7 A. Commercial General Liability insurance (Primary Additional Insured and Waiver of Subrogation required) The contractor shall have Comprehensive General Liability Insurance with limits of $1,000,000 Combined Single Limit in the General Aggregate and per occurrence to include: Products & Completed Operations Hazard Contractual Liability Personal Injury & Advertising Injury Heavy Equipment Endorsement B. Owner's and Contractor's Protective Liability Insurance - NOT REQUIRED. C. Comprehensive Automobile Liability Insurance (Waiver of Subrogation Required) The Contractor shall have Comprehensive Automobile Liability Insurance with limits of not less than; Bodily Injury/Property Damage, $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 F. Worker's Compensation and Employers Liability Insurance (Waiver of Subrogation required) Worker's Compensation Insurance covering all employees whether employed by the Contractor or any Subcontractor on the job with Employers Liability of at least $500,000. ; 1. Definitions: Certificate of coverage ("certificate") - A copy of a certificate of insurance, a certificate of authority to self -insure issued by the commission, or a coverage agreement (TWCC-81, TWCC- 82, TWCC-83, or TWCC-84), showing statutory workers' compensation insurance coverage for the person's or entity's employees providing services on a project, for the duration of the project. Duration of the project - includes the time from the beginning of the work on the project until the Contractor's/person's work on the project has been completed and accepted by the governmental entity. t Persons providing services on the project ("subcontractor" in Section _406.096, Texas Labor Code) - includes all persons or entities perfornung all or part of the services the Contractor has undertaken to perform on the project, regardless of whether that person contracted directly with the Contractor and regardless of whether that person has employees. This includes, without limitation, independent contractors, subcontractors, leasing companies, motor carriers, owner - operators, employees of any such entity, or employees of any entity which furnishes persons to provide services on the project. "Services" include, without limitation, providing, hauling, or delivering equipment or materials, or providing labor, transportation, or other service related to a project. "Services" does not include activities unrelated to the project, such as food/beverage vendors, office supply deliveries, and delivery of portable toilets. 2. The Contractor shall provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements, which meets the statutory requirements of Texas Labor Code, Section 401.011(44) for all employees of the contractor providing services on the project, for the duration of the project. 4 8 3. The Contractor must provide a certificate of coverage to the governmental entity prior to being awarded the contract. 4. If the coverage period shown on the Contractor's current certificate of coverage ends during the duration of the project, the Contractor must, prior to the end of the coverage period, file a new certificate of coverage with the governmental entity showing that coverage has been extended. The Contractor shall obtain from each person providing services on the project, and provide to the governmental entity: (a) a certificate of coverage, prior to that person beginning work on the project, so the governmental entity shall have on file certificates of coverage showing coverage for all persons providing services on the project; and (b) no later than seven days after receipt by the Contractor, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project. The Contractor shall retain all required certificates of coverage for the duration of the project and for one year thereafter. 7. The Contractor shall notify the governmental entity in writing by certified mail or personal delivery, within 10 days after the Contractor knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project. The Contractor shall post on each project site a notice, in the text, form and manner prescribed by the Texas Workers' Compensation Commission, informing all persons providing services on the project that they are required to be covered, and stating how a person may verify coverage and report lack of coverage. 9. The Contractor shall contractually require each person with whom it contracts to provide services on the project, to: (a) provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements, which meets the statutory requirements of Texas Labor Code, Section 401.011(44) for all of its employees providing services on the project, for the duration of the project; (b) provide to the Contractor, prior to that person beginning work on the project, a certificate of coverage showing that coverage is being provided for all employees of the person providing services on the project, for the duration of the project; (c) provide the Contractor, prior to the end of the coverage period, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (d) obtain from each other person with whom it contracts, and provide to the Contractor: (1) a certificate of coverage, prior to the other person beginning work on the project; and (2) a new certificate of coverage showing extension of coverage, prior to the end of the coverage period, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (e) retain all required certificates of coverage on file for the duration of the project and for one year thereafter; notify the governmental entity in writing b certified mail or personal delivery, within 10 (� fY g Y g Y p rY� days after the person knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project; and (g) contractually require each person with whom it contracts to perform as required by paragraphs (a) - (g), with the certificates of coverage to be provided to the person for whom they are providing services. 10. By signing this contract or providing or causing to be provided a certificate of coverage, the Contractor is representing to the governmental entity that all employees of the Contractor who shall provide services on the project shall be covered by worker's compensation coverage for the duration of the project, that the coverage will be based on proper reporting of classification codes and payroll amounts, and that all coverage agreements will be filed with the appropriate insurance carrier or, in the case of a self -insured, with the commission's Division of Self -Insurance Regulation. Providing false or misleading information may subject the Contractor to administrative penalties, criminal penalties, civil penalties, or other civil actions. 11. The Contractor's failure to comply with any of these provisions is a breach of contract by the Contractor which entitles the governmental entity to declare the contract void if the Contractor does not remedy the breach within ten days after receipt of notice of breach from the governmental entity. G. Proof of Coverage Before work on this contract is commenced, each Contractor and subcontractor shall submit to the Owner for approval five Certificates of Insurance covering each insurance policy carried and offered as evidence of compliance with the above insurance requirements, signed by an authorized representative of the insurance company setting forth: (1) The name and address of the insured. (2) The location of the operations to which the insurance applies. (3) The name of the policy and type or types of insurance in force thereunder on the date borne by 3 such certificate. (4) The expiration date of the policy and the limit or limits of liability thereunder on the date borne by such certificate. (5) A provision that the policy may be canceled only by mailing written notice to the named insured at the address shown in the bid specifications. L-li (6) A provision that written notice shall be given to the City ten days prior to any change in or cancellation of the policies shown on the certificate. 1 (1) The certificate or certificates shall be on the form (or identical copies thereof) contained in the job specifications. No substitute of nor amendment thereto will be acceptable. , 1 (8) If policy limits are paid, new policy must be secured for new coverage to complete project. (9) A Contractor shall: (a) provide coverage for its employees providing services on a project, for the duration of the project based on proper reporting of classification codes and payroll amounts and filling of any coverage agreements; 10 t_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 (�) g p gig P j 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 r 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: i REQUIRED WORKERS' COMPENSATION COVERAGE "The law requires that each person working on this site or providing services related to this construction project must be covered by workers' compensation insurance. This includes persons providing, hauling, or delivering equipment or materials, or providing labor or transportation or other service related to the project, regardless of the identity of their employer or status as an employee." "Call the Texas Workers' Compensation Commission at 800-372-7713 or 512-804- 4000 (www.tdi.state.tx.us) to receive information of the legal requirements for coverage, to verify whether your employer has provided the required coverage, or to report an employer's failure to provide coverage, " and (h) contractually require each person with whom it contracts to provide services on a project, to: (i) provide coverage based on proper reporting of classification codes and payroll -- amounts and filing of any coverage agreements for all of its employees providing services on the project, for the duration of the project; (ii) provide a certificate of coverage to the Contractor prior to that person beginning work on the project; (iii) include in all contracts to provide services on the project the following language: 1 11 M 30. "By signing this contract or providing or causing to be provided a certificate of coverage, the person signing this contract is representing to the governmental entity that all employees of the person signing this contract who will provide services on the project will be covered by workers' compensation coverage for the duration of the project, that the coverage will be based on proper reprinting of classification codes and payroll amounts, and that all coverage agreements will be filed with the appropriate insurance carrier or, in the case of a self -insured, with the commission's Division of Self -Insurance Regulation. Providing false or misleading information may subject the Contractor to administrative penalties, criminal penalties, civil penalties, or other civil actions."; (iv) provide the Contractor, prior to the end of the coverage period, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (v) obtain from each other person with whom it contracts, and provide to the Contractor: (1) a certificate of coverage, prior to the other person beginning work on the project; and (2) prior to the end of the coverage period, a new certificate of coverage showing extension of the coverage period, if the coverage period shown on the current certificate of coverage ends during the duration of the f-1 project; (vi) retain all required certificates of coverage on file for the duration of the project and for one year thereafter; (vii) notify the governmental entity in writing by certified mail or personal delivery, within 10 days after the person knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project; and (viii) contractually require each other person with whom it contracts, to perform as required by paragraphs (i)-(viii), with the certificate of coverage to be provided to the person for whom they are providing services. DISABLED EMPLOYEES Contractors having more than fifteen (15) employees agree to comply with the Americans with Disabilities Act of 1990, and agree not to discriminate against a qualified individual with a disability because of the disability of such individual in regard to job application procedures, the hiring, advancement, or discharge of employees, employee ; compensation, job training, and other terms, conditions, and privileges of employment. PROTECTION AGAINST CLAIMS OF SUBCONTRACTORS LABORERS MATERIALMEN AND FURNISHERS OF MACHINERY, EQUIPMENT AND SUPPLIES Without limiting, in any way, manner or form, the indemnity provided by Contractor in paragraph 27 hereof, the Contractor agrees that it will indemnify and save the Owner and all of its officers, agents and employees, harmless against any and all claims, liabilities, losses, damages, expenses and causes of action arising out of, in i any way, manner or form, the demands of subcontractors, laborers, workmen, mechanics, material men and furnishers of machinery and parts thereof, equipment, power tools, and supplies, incurred in the performance of this contract and the project which is the subject matter of this contract. When Owner so desires, the Contractor L_s 12 i i i 31 32. 33. 34. shall furnish satisfactory evidence that all obligations of the nature hereinabove designated have been paid, discharged or waived. PROTECTION AGAINST ROYALTIES OR PATENT INVENTION The Contractor shall pay all royalties and license fees, and shall provide for the use of any design, device, material or process covered by letters patent or copyright by suitable legal agreement with the Patentee or owner thereof. Without limiting, in any way, manner or form, the indemnity provided by Contractor in paragraph 27 hereof, the Contractor shall defend all suits or claims for infringement of any patent or copyrights and shall indemnify and save the Owner, and all of its officers, agents and employees harmless from any loss on account thereof, except that Owner shall defend all such suits and claims and shall be responsible for all such loss when a particular design, device, material or process or the product of a particular manufacturer or manufacturers is specified or required in these contract documents by Owner; provided, however, if choice of alternate design, device, material or process is allowed to the Contractor, then Contractor shall indemnify and save Owner, and all of its officers, agents and employees harmless from any loss on account thereof. Notwithstanding anything herein to the contrary, if the material or process specified or required by Owner and/or this contract is an infringement, the Contractor shall be responsible for such loss unless it gives written notice of such infringement to the Owner's Representative prior to bidding. LAWS AND ORDINANCES The Contractor shall at all times observe and comply with all federal, state and local laws, ordinances and regulations, which in any manner affect the contract or the work, and without limiting, in any way, manner or form, the indemnity provided by Contractor in paragraph 27 hereof, Contractor shall indemnify and save harmless the Owner, and all of its officers, agents, and employees against any claims arising from the violation of any such laws, ordinances, and regulations, whether by the Contractor, its employees, or subcontractors. If the Contractor observes that the plans and specifications are at variance therewith, he shall notify the Owner's Representative in writing prior to bidding and any necessary changes shall be adjusted as provided in the contract for changes in the work. In the absence of timely written notification to Owner's Representative of such variance or variances within said time, any objection and/or assertion that the plans and specifications are at variance with any federal, state or local laws, ordinances or regulations shall be deemed waived. If the Contractor, its employees or subcontractors perform any work contrary to such laws, ordinances, rules and regulations, and without such notice to the Owner's Representative, Contractor shall bear all costs arising therefrom. The Owner is a municipal corporation of the State of Texas and the law from which it derives its powers, insofar as the same regulates the objects for which, or the manner in which, or the conditions under which the Owner may enter into contracts, shall be controlling, and shall be considered as part of this contract to the same effect as though embodied herein. 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. TIME FOR SUBSTANTIAL COMPLETION AND LIQUIDATED DAMAGES It is hereby understood and mutually agreed by and between the Contractor and the Owner, that the date of beginning and time for completion as specified in the contract documents, of work to be done hereunder are essential conditions of this contract; and it is further mutually understood and agreed that the work embraced in this contract shall be commenced as provided in the contract documents. If the Contractor should neglect, fail, or refuse to substantially complete the work within the time herein specified, then the Contractor does hereby agree as part of the consideration for the awarding of this contract, the Owner 13 may withhold permanently from Contractor's total compensation, the sum of $1.000 PER DAY, not as a penalty, but as liquidated damages for the breach of the contract as herein set forth for each and every working day that the Contractor shall be in default after the time stipulated for substantially completing the work. It is expressly understood and agreed, by and between Contractor and the Owner, that the time for the substantial completion of the work described herein is reasonable time for the completion of the same, taking into consideration the average climatic range and conditions and usual industrial conditions prevailing in this locality. The amount is fixed and agreed upon by and between the Contractor and the Owner because the actual damages the Owner would sustain in such event would be difficult and/or impossible to estimate, however, the amount agreed upon herein is a reasonable forecast of the amount necessary to render just compensation to Owner, and is expressly agreed to be not disproportionate to actual damages as measured at time of breach. IT IS FURTHER AGREED AND UNDERSTOOD BETWEEN THE CONTRACTOR AND OWNER THAT TIME IS OF THE ESSENCE OF THIS CONTRACT. 35. TIME AND ORDER OF COMPLETION It is the meaning and intent of this contract, unless otherwise herein specifically provided, that the Contractor shall be allowed to prosecute its work at such time and sessions, in such order of precedence, and in such manner as shall be most conductive to economy of construction; provided, however, that the order and time of prosecution shall be such that the work shall be substantially completed as a whole and in part, in accordance with this contract, the plans and specifications, and within the time of completion designated in the bid; provided, also, that when the Owner is having other work done, either by contract or by its own force, the Owner's Representative may direct the time and manner of constructing work done under this contract so that conflicts will be avoided and the construction of the various works being done for the Owner shall be harmonized. The Contractor shall submit, at such times as may reasonably be requested by the Owner's Representative, schedules which shall show the order in which the Contractor intends to carry on the work, with dates at which the Contractor will start the several parts of the work and estimated dates of completion of the several parts. 1-4 36. TIME OF PERFORMANCE The Contractor agrees that it has submitted its bid in full recognition of the time required for the completion of this project, taking into consideration the average climatic range and industrial conditions prevailing in this locality, and has considered the liquidated damage provisions of paragraph 34 hereinabove set forth and expressly agrees that it shall not be entitled to, nor will it request, an extension of time on this contract, except when its work has been delayed by an act or neglect of the Owner, Owner's Representative, employees of the Owner or other contractors employed by the Owner, or by changes ordered in the work, or by strike, walkouts, acts of God or the public enemy, fire or flood. Any request for extension shall be in writing with the written request for same setting forth all justifications, in detail, for the request, and submitted to Owner's Representative within twenty (20) calendar days of the occurrence of the event causing said delay. A failure by Owner's Representative to affirmatively grant the extension no later than twenty (20) calendar days of written submission by Contractor shall be deemed a denial, and final. Further, in the absence of timely written notification of such delay and request for extension, as provided herein, any request for extension by Contractor shall be deemed waived. 37. HINDRANCE AND DELAYS In executing the contract, the Contractor agrees that in undertaking to complete the work within the time herein fixed, Contractor has taken into consideration and made allowances for all hindrances and delays incident to such work, whether growing out of delays due to unusual and unanticipated circumstances, difficulties or delays in securing material or workmen, or any other cause or occurrence. No charge shall be made by the Contractor for hindrance or delays from any cause during the progress of any part of the work embraced in this contract except 1 where the work is stopped by order of the Owner or Owner's Representative for the Owner's convenience, in which event, such expense as in the sole judgment of the Owner's Representative that is caused by such stoppage shall be paid by Owner to Contractor. 14 �_f 38. QUANTITIES AND MEASUREMENTS 39. .Q 41 M 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. PROTECTION OF ADJOINING PROPERTY The Contractor shall take proper means to protect the adjacent or adjoining property or properties in any way encountered, which may be injured or seriously affected by any process of construction to be undertaken under this agreement, from any damage or injury by reason of said process of construction; and Contractor shall be liable for any and all claims for such damage on account of his failure to fully protect all adjacent property. Without limiting, in any way, manner and form, the indemnity provided by Contractor in paragraph 27 hereof, the Contractor agrees to indemnify, save and hold harmless the Owner, and any of its officers, agents and employees, against any and all claims or damages due to any injury to any adjacent or adjoining property, related to, arising from or growing out of the performance of this contract. PRICE FOR WORK In consideration of the furnishing of all necessary labor, equipment and material and the completion of all work by the Contractor, and on the delivery of all materials embraced in this contract in full conformity with the specifications and stipulations herein contained, the Owner agrees to pay the Contractor the price set forth in the bid proposal attached hereto, which has been made a part of this contract, and the Contractor hereby agrees to receive such price in full for furnishing all materials and all labor required for the aforesaid work, also, for all expenses incurred by Contractor and for well and truly performing the same and the whole thereof in the manner and according to this agreement, the attached specifications, plans, contract documents and requirements of Owner's Representative. PAYMENTS No payments made or certificates given shall be considered as conclusive evidence of the performance of the contract, either wholly or in part, nor shall any certificate or payment be considered as acceptance of defective work. Contractor shall at any time requested during the progress of the work furnish the Owner or Owner's Representative with a verifying certificate showing the Contractor's total outstanding indebtedness in connection with the work. Before final payment is made, Contractor shall satisfy Owner, by affidavit or otherwise, that there are no outstanding liens against Owner's premises by reason of any work under the contract. Acceptance by Contractor of final payment of the contract price shall constitute a waiver of all claims against Owner, Owner's agents and employees, which have not theretofore been timely filed as provided in this contract. PARTIAL PAYMENTS On or before the tenth day of each month, the Contractor shall submit to Owner's Representative an application for partial payment or, if the Contractor does not submit such application, the Owner's Representative shall determine the amount to be partially paid. Owner's Representative shall review said application for partial payment if submitted, and the progress of the work made by the Contractor and if found to be in order, shall prepare a certificate for partial payment showing as completely as practical the total value of the work done by the 15 43 44, M Contractor up to and including the last day of the preceding month. The determination of the partial payment by the Owner's Representative shall be in accordance with Paragraph 14 hereof. The Owner shall then pay the Contractor on or before the fifteenth day of the current month the total amount of the Owner's Representative's Certificate of Partial Payment, less 5% of the amount thereof, which 5% shall be retained until final payment, and further, less all previous payments and all further sums that may be retained by Owner under the terms of the contract documents. Any partial payment made hereunder shall not constitute a waiver by the Owner of any and all other rights to enforce the express terms of the contract documents, and * all remedies provided therein, as to any and all work performed, to be performed and/or materials delivered hereunder, including, but limited to, work to which said partial payment is attributable. SUBSTANTIAL COMPLETION Contractor shall give Owner's Representative written notice of substantial completion. Within thirty-one (31) working days after the Contractor has given the Owner's Representative written notice that the work has been substantially completed, the Owner's Representative and/or the Owner shall inspect the work and within said time, if the work be found to be substantially completed in accordance with the contract documents, the Owner's Representative shall issue to the Owner and Contractor a certificate of substantial completion. Notwithstanding the issuance of a certificate of substantial completion, Contractor shall proceed with diligence to finally complete the work within the time provided in this contract. FINAL COMPLETION AND PAYMENT The Contractor shall give written notice to Owner's Representative of final completion. Upon written notice of final completion, the Owner's Representative shall proceed to make final measurement to determine whether final completion has occurred. If the Owner's Representative determines final completion has occurred, Owner's Representative shall so certify to the Owner. Upon certification by Owner's Representative of final completion, Owner shall pay to the Contractor on or before the 31 st working day after the date of certification of final completion, the balance due Contractor under the terms of this agreement. Neither the certification of final completion nor the final payment, nor any provisions in the contract documents shall relieve the Contractor of the obligation for fulfillment of any warranty which may be required in the contract documents and/or any warranty or warranties implied by law or otherwise. CORRECTION OF WORK Contractor shall promptly remove from Owner's premises all materials condemned by the Owner's Representative on account of failure to conform to the contract documents, whether actually incorporated in the work or not, and Contractor shall at its own expense promptly replace such condemned materials with other materials conforming to the requirements of the contract documents. Contractor shall also bear the expense of restoring all work of other contractors damaged by any such removal or replacement. If Contractor does not remove and replace any such condemned work within a reasonable time after a written notice by the Owner or the Owner's Representative, Owner may remove and replace it at Contractor's expense. Neither the final payment, nor certification of final completion or substantial completion, nor any provision in the contract documents shall relieve the Contractor of responsibility for faulty materials or workmanship, and Contractor shall remedy any defects due thereto and pay for any damage to other work resulting therefrom, which shall appear within a period of one (1) year from the date of certification of final completion by Owner's Representative. 46. PAYMENT WITHHELD The Owner or Owner's Representative may, on account of subsequently discovered evidence, withhold or nullify the whole or part of any certification to such extent as may be necessary to protect itself from loss on account of:_ 16 �t I " (a) Defective work not remedied and/or work not performed. (b) Claims filed or reasonable evidence indicating possible filing of claims. (c) Damage to another contractor. When the above grounds are removed, or the Contractor provides a surety bond satisfactory to the Owner, in the amount withheld, payment shall be made for amounts withheld because of them. 47. CLAIM OR DISPUTE It is further agreed by both parties hereto that all questions of dispute or adjustment presented by the Contractor �- shall be in writing and filed with the Owner's Representative within fifteen (15) calendar days after the Owner's Representative has given any direction, order or instruction to which the Contractor desires to take exception. Timely written notice of dispute as provided in this contract of any decision by Owner's Representative or Owner shall be a condition precedent to the bringing and/or assertion of any action or claim by Contractor of any right under this Contract. If the matters set forth in the notice of dispute are not granted or otherwise responded to by Owner's Representative within fifteen (15) calendar days of receipt of notice of dispute by Owner's Representative, said objections shall be deemed denied. Any decision by the Owner's Representative, or deemed denial by the Owner's Representative, shall be final and conclusive in the absence of fraud. It is further agreed that the acceptance by the Contractor of the final payment shall be a bar to any and all claims of the Contractor, and constitute a waiver of the right to assert any claim against Owner, Owner's agents and employees and ` Owner's Representative, by Contractor. 48. NON-COMPLIANCE AND/OR ABANDONMENT BY CONTRACTOR In case the Contractor should (1) abandon and fail or refuse to resume work within fifteen (15) calendar days after written notification from the Owner or the Owner's Representative, or (2) if the Contractor fails to comply with the written orders of the Owner's Representative, when such orders are consistent with this contract, then the Surety on the bond shall be notified in writing and directed to complete the work and a copy of said notice shall be delivered to the Contractor. In the event a bond is not required by law, or otherwise obtained by the Contractor, no further notice of such non-compliance to Contractor shall be required. After receiving said notice of abandonment or non-compliance , the Contractor shall not remove from the work any machinery, equipment, tools, materials or supplies then on the job, but the same, together with any materials and equipment under the contract for work, may be held for use on the work by the Owner or the Surety of the Contractor, or another contractor, in completion of the work; and the Contractor shall not receive any rental or credit therefore (except when used in connection with Extra Work, where credit shall be allowed as provided for under paragraph 24 of this contract); it being understood that the use of such equipment and materials will ultimately reduce the cost to complete the work and be reflected in the final settlement. In the event the Contractor, or Surety, whichever is applicable, should fail to commence compliance with the notice hereinbefore provided within ten (10) calendar days after service of such notice, and/or shall fail to proceed with diligence to complete the project as contemplated and in compliance with all terms and provisions of the contract documents, then the Owner may exercise any and all remedies available to it pursuant to law, contract, equity or otherwise, including, but not limited to, providing for completion of the work in either of the following elective manners: (a) The Owner may employ such force of men and use of machinery, equipment, tools, materials and supplies as said Owner may deem necessary to complete the work and charge the expense of such labor, machinery, equipment, tools, materials and supplies to said Contractor, and the expense so charged shall be deducted and paid by the Owner out of such moneys as may be due, or that may thereafter at any time 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 newspaper having a general circulation in the County of location of the work, may let the contract for the completion Y of the work under substantially the same terms and conditions which are provided in this contract. In case of any increase in cost to the Owner under the new contract as compared to what would have been the cost under this contract, such increase shall be charged to the Contractor and the Surety shall be and remain bound therefore. Should the cost to complete any such new contract prove to be less than that which would have been the cost to complete the work under this contract, the Contractor or his Surety shall be credited therewith. In the event the Owner's Representative elects to complete the work, as described above, when the work shall have been finally completed, the Contractor and his Surety shall be so notified and certification of completion as provided in paragraph 44 hereinabove set forth, shall be issued. A complete itemized statement of the contract accounts, certified to by Owner's Representative as being correct shall then be prepared and delivered to Contractor and his Surety, if applicable, whereon the Contractor or his Surety, or the Owner as the case may be, shall pay the balance due as reflected by said statement within 30 days after the date of certification of completion. In the event the statement of accounts shows that the cost to complete the work is less than that which would have been the cost to the Owner had the work been completed by the Contractor under the terms of this contract, or when the Contractor and/or his Surety, if applicable, shall pay the balance shown to be due by them to the Owner, then all machinery, equipment, tools, materials or supplies left on the site of the work shall be turned over to the Contractor and/or his Surety, if applicable. Should the cost to complete the work exceed the contract price, and the Contractor and/or his Surety, if applicable, fail to pay the amount due the Owner within the time designated hereinabove, and there remains any machinery, equipment, tools, materials or supplies on the site of the work, notice thereof, together with an itemized list of such equipment and materials shall be mailed to the Contractor and his Surety, if applicable, at the respective addresses designated in this contract; provided, however, that actual written notice given in any manner will satisfy this condition. After mailing, or other giving of such notice, such property shall be held at the risk of the Contractor and his Surety, if applicable, subject only to the duty of the Owner to exercise ordinary care to protect such property. After fifteen (15) calendar days from the date of said notice the Owner may sell such machinery, equipment, tools, materials or supplies and apply the net sum derived from such sale to the credit of the Contractor and his Surety, if applicable. Such sale may be made at either public or private sale, with or without notice, as the Owner may elect. The Owner shall release any machinery, equipment, tools, materials, or -supplies that remain on the jobsite and belong to persons other than the Contractor or his Surety, if applicable, to their proper owners. The remedies provided to Owner by law, equity, contract, or otherwise, shall be cumulative, to the extent permitted by law. It is expressly agreed and understood that the exercise by Owner of the remedies provided in this paragraph shall not constitute an election of remedies on the part of Owner, and Owner, irrespective of its exercise of remedies hereunder, shall be entitled to exercise concurrently or otherwise, any and all other remedies available to it, by law, equity, contract or otherwise, including but not limited to, liquidated damages, as provided in paragraph 34, hereinabove set forth. 49. LIMITATION ON CONTRACTOR'S REMEDY The remedies of Contractor hereunder shall be limited to, and Owner shall be liable only for, work actually performed by Contractor and/or its subcontractors as set forth in the contract documents, and Owner shall not be liable for any consequential, punitive or indirect loss or damage that Contractor may suffer in connection with the project which is the subject matter of this contract. The Contractor is required to furnish a performance bond in accordance with Chapter 2253, Government Code, in -` the amount of 100% of the total contract price in the event that said contract price exceeds $100,000 and the Contractor is required to furnish a payment bond in accordance with Chapter 2253, Government Code, in the amount of 100% of the total contract price in the event that said contract price exceeds $25,000. All bonds shall 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 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 deemed 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 1--i asbestos; and (ii) are provided and utilize all protective equipment, including without limitation, personal protective gear, necessary to provide protection from exposure to Hazardous Substances, hydrocarbons or other petroleum products or byproducts and/or asbestos. 56. NONAPPROPRIATION All funds for payment by the City under this contract are subject to the availability of an annual appropriation for this purpose by the City. In the event of non -appropriation of funds by the City Council of the City of Lubbock for the goods or services provided under the contract, the City will terminate the contract, without termination charge or other liability, on the last day of the then -current fiscal year or when the appropriation made for the then -current year for the goods or services covered by this contract is spent, whichever event occurs first. If at any time funds are not appropriated for the continuance of this contract, cancellation shall be accepted by the Seller on thirty (30) days prior written notice, but failure to give such notice shall be of no effect and the City shall not be obligated under this contract beyond the date of termination. 57. THE CITY RIGHT TO AUDIT At any time during the term of this Contract and for a period of four (4) years thereafter the City or a duly authorized audit representative of the City, or the State of Texas, at its expense and at reasonable times, reserves the right to audit Contractor's records and books relevant to all services provided under this Contract. In the event such an audit by the City reveals any errors/overpayments by the City, Contractor shall refund the City the full amount of such overpayments within thirty (30) days of such audit findings, or the City, at its option, reserves the right to deduct such amounts owing the City from any payments due Contractor. 20 , 1 _1 DAVIS BACON WAGE DETERMINATIONS Page Intentionally Left Blank G8NDfV\L DECISION: TX20080028 02/08/2008 TX28 Date: February 8, 2008 / General Decision Number: ZK20080028 02/08/2008 Superseded General Decision Number: TX20070028 State: Texas Construction Types: Heavy and Highway ^- Counties: Eotor, Lubbock, Midland, Potter, Randall, Taylor and Tom Green Counties in Texas. ` /] 8EJQ/Y (excluding tunnels a dams) and BIGBV0\Y PROJECTS (does not include building otzuotozeo in rest area projects). � Modification Number Publication Date � ~/ 0 02/08/2008 + GOTX2004-00I 1I/09/2004 — Rates Fringes ! Asphalt Distributor 0pezatur.,,$ 9.25 0.00 L, Asphalt Heater Operator .,.,,,,.$ 11.21 0,00 Asphalt paving machine opezatuz$ I1,I6 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, Strootuzeo,.$ 11.20 0,00 Crane, Clamobell, 8aokboe, . Derrick, DragIioe, Shovel < Operator ....................... $ 11.00 0.00 Electrician .................... $ I7'00 0.00 Form Builder/Setter, Gtzootoreo$ 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 F� Mechanic '.',,,,,.,.,.....,,.,.,$ 16'85 0.00 Motor Grader Operator Rough .... $ 11,75 0,00 Motor Grader Operator, Fine ` Grade .......................... $ 13,50 0,00 l Planer Operator ..,,,,,',.,,,.,.$ I3,36 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 L� Servioez....................... $ 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 .........................$ Work Zone Barricade Servicer 15.25 $ 8.28 0.00 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. J 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 I l 200 Constitution Avenue, N.W. Washington, DC 20210 2.) If the answer to the question in 1.) is yes, then an interested party (those affected by the action) can request review and reconsideration from the Wage and Hour Administrator (See 29 CFR Part 1.8 and 29 CFR Part 7). Write to: Wage and Hour Administrator U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 The request should be accompanied by a full statement of the ( interested party's position and by any information (wage payment data, project description, area practice material, etc.) that the requestor considers relevant to the issue. 3.) If the decision of the Administrator is not favorable, an interested party may appeal directly to the Administrative Review Board (formerly the Wage Appeals Board). Write to: Administrative Review Board U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 4.) All decisions by the Administrative Review Board are final. END OF GENERAL DECISION 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. Prevailing Wage Rates Legal Holiday Rate The rate for legal holidays shall be as required by the Fair Labor Standards Act. SPECIFICATIONS Pate Intentionally Left Blank STREET LIST Page Intentionally Left Blank 2009 Micro -Surfacing Project Street To From Length Width SY 51 st Salem Quaker 1265 32 4498 52nd Slide Quaker 5207 33 19092 53rd Slide Utica 2580 33 9460 53rd Salem Quaker 1267 33 4646 54th Slide Quaker 5206 33 19089 55th CDS Utica 2254 33 8265 55th 58th Quaker 2932 33 10751 56th CDS Utica 2284 39 9897 56th Richmond Quaker 946 33 3469 57th York Vicksburg 263 33 964 57th Richmond Quaker 946 33 3469 58th CDS Toledo 2960 39 12827 58th Richmond Quaker 946 33 3469 59th Richmond Quaker 946 33 3469 59th CDS Toledo 2967 33 10879 60th CDS Slide 5049 33 18513 61 st York Slide 627 33 2299 61*st CDS Quaker 4417 33 16196 62nd York Quaker 4609 33 16900 63rd York Raleigh 3967 33 14546 64th York Raleigh 3621 33 13277 65th York Raleigh 3188 33 11689 66th Quaker Loop 289 3204 39 13884 67th Salem Loop 289 1003 33 3678 York 62nd 54th 2603 33 9544 York Drive 62nd 65th 1346 33 4935 Wayne 50th 62nd 3917 29 12621 Vicksburg 66th 54th 3866 33 14175 Toledo 67th 58th 3051 39 13221 Salem 67th 65th 758 33 2779 Salem 50th 55th 1595 33 5848 Raleigh 50th 55th 1590 33 5830 Raleigh 59th 60th 297 33 1089 Raleigh Quaker 60th 1547 39 6704 Richmond 55th 59th 1286 39 5573 Utica Ave 50th South Loop 289 5412 39 23452 Frankford Ave 82nd 98th 4628 84 43195 Indiana Ave Clovis Hwy 4th 7898 84 73715 MILK Municipal Drive Parkway Drive 78431 82 71458 9th Toledo Slide Raod 2560 33 9387 10th Toledo CDS West of York 2520 33 9240 11th Toledo Slide Road 2565 331 9405 12th IToledo IYork 2110 33 7737 13th IToledo ISlide Road 2685 33 9845 14th I CDS West of York I CDS East of York I 1501 33 4217 Street To From Length Width SY 15th CDS West of York CDS East of York 1150 33 4217 16th Slide Road Toledo 3116 33 11425 17th Slide Road Vicksburg 1275 33 4675 17th place Slide Road Vicksburg 1275 33 4675 18th Slide Road Vicksburg 1275 33 4675 18th Place Slide Road CDS 350 33 1285 14th Vicksburg Utica Place 950 33 3483 15th Vicksburg toledo 1750 33 6417 17th Utica DR Toledo 780 33 2860 18th Utica DR Toledo 780 33 2860 Utica Dr 19th 17TH 1025 33 3758 Utica 19th 15TH 1680 33 6160 Utica PL 13th 15TH 605 33 2218 York 19th 18th 495 33 1815 York 16th 13th 850 33 3117 York 10th 13th 850 33 3667 5th Toledo CDS East of Toledo 950 33 3483 7th CDS West of Quaker CDS East of Toledo 2455 33 8729 8th CDS West of Quaker Toledo 2525 33 9258 9th Quaker Toledo 2650 33 9717 10th Quaker CDS West of Salisbu 2590 33 9497 11th Toledo CDS East of Raleigh 2580 33 9460 13th Quaker Toledo 2595 33 9515 14th Quaker Toledo 23801 33 8727 15th Quaker Toledo 21601 33 7920 16th Quaker Toledo 2058 33 7546 17th Quaker Toledo 2055 33 7535 18th Quaker Toledo 2075 33 7608 Raleigh 14th 19th 2160 33 7920 Raleigh 13th 11th 1155 33 4235 Raleigh 9th 7th 6801 33 2493 Salisbury 5th 10th 1440 33 5280 Vale 5th 4th 275 33 1008 Utica 5th CDS North of 5th 225 33 825 Troy 5th CDS North of 5th 225 33 825 Topeka 5th CDS North of 5th 225 33 825 5th Toledo Vale 10601 33 3887 5th York Vicksburg 650 33 2383 York 4th 5th 305 33 1118 6th Slide Road Toledo 2560 33 9387 7th Slide Road Toledo 2560 33 9387 8th Slide Road Toledo 2560 33 9387 Vicksburg 19th 4th 51951 33 19048 Toledo 19th 4th 5315 33 19488 Salem 19th 5th 4450 29 14339 72nd CDS East of Evenston Cds East of Bangor 3230 29 10407 73rd Slide Road Frankford Ave 5210 42 24313 Everett Ave 162nd LooD 289 1 446 291 1437 Evanston Ave JCDS North of 62nd 164th 1 3621 291 1166 Street To From Length Width SY Evanston Ave 69th 70th st 262 29 844 Evanston Ave 69th 71 st 262 29 844 Evanston Ave 69th 72nd 262 29 844 Englewood 62nd CDS North of 62nd 357 29 1150 Englewood 64th CDS South of 64th 376 29 1212 Elmwood Loop 289 62nd 450 29 1450 Elmwood CDS South od 64th 64th 381 29 1228 Elmwood 69th 70th PI 557 29 1795 Elkhart CDS North of 62nd 66th 1376 29 4434 Elkhart 66th 73rd 20131 29 6486 Durham 67th CDS North of 67th 2431 29 783 Dover 67th CDS North of 67th 243 29 783 Dover 69th 70th 271 29 873 Dover 73rd 72nd 271 29 873 Chicago Loop 289 73rd 4002 43 19121 Brentwood CDS North of 68th 68th 558 29 1798 Belmont CDS North of 68th 68th 5581 29 1798 Bangor Loop 289 66th 945 29 3045 Bangor 66th Dead End 971 29 3129 Bangor 72nd 73rd 268 29 864 Albany Loop 289 69th 808 29 2604 61st Everett CDS West of Everett 165 29 532 62nd Frankford Dead End 1606 291 5175 63rd Frankford Elkhart 1445 29 4656 64th Frankford Dead End 1607 29 5178 65th Chicago CDS West of Chicago 475 29 1531 67th Frankford Elmwood 931 29 3000 67th Elkhart Chica o 853 29 2749 68th Bangor CDS East of Bangor 736 29 2371 68th Bangor Elkhart 1722 29 5549 68th Elmwood Frankford 943 29 3039 69th Elmwood Frankford 943 29 3039 69th Elkhart CDS East of Chicago 1659 29 5346 69th Bangor CDS East of Bangor 804 29 2591 70th CDS West of Dover CDS East of Chicago 1444 29 4653 70th Elkhart Elmwood 296 29 954 70th Frankford Evanston 659 29 2123 70th PI lFrankford Elmwood 9601 29 3093 70th PI lElkhart JCDS East of Chicago 14771 29 4759 71st lFrankford JCDS East of Chicago 2950 29 9506 Page Intentionally Left Blank IN 1 SPECIAL CONDITIONS Page Intentionally Left Blank 1 SPECIAL CONDITIONS TIME AND ORDER FOR COMPLETION The patching processcovered by thecontract documentsshall befully completed within 150 (ONE HUNDRED AND FI FTY) calendar daysfrom thedatespecified in the Noticeto Proceed issued by the City of Lubbock to the successful bidder. A. TheMicro-Surfacing, with locationsand materials as designated by the City'srepresentative, may begin assoon as the Contractor receives the Notioeto Proceed, and proceed until all designated locations are completed. B. The repairs shall be completed in 150 calendar days. The Contractor shall pay to the owner $1,000.00 per day for each calendar day after that until completion as liquidated damages. No credit will be given forbad weather days or other delays. In the event it is determined by the City that the progress of the work is not satisfactory, the City may direct the Contractor to take such action as the C! ty deems necessary to insure completion of the project within the time specified. 2. CHANGES IN THE WORK The Street Department may make changes in the scope of the work required to be performed by the Contractor under the Contractor making additionsthereto, or by omitting work therefrom, without involving the Contract, and without relieving or releasing the Contractor from any of his obligations under thecontract or any guarantee given by him pursuant to the Contract provisions, and without affecting the validity of the guaranty bonds, and without relieving or releasing the surety or sureti es of said bonds A I I such work shall be executed under the terms of the on gi nal Contract unless it isecpressly provided otherwise Except for the purpose of affording protection against any emergency endangering health, I ifA I i mb or property, the Contractor shall make no change i n the materials used or in the spec f i ed manner of constructing and/or i nstal I i ng the i mprovements or supply additional labor, servi ces or materials beyond that actually required for the ececuti on of the contract, unl ess i n pursuance of a written order from the I ocal Public Agency authorizing the Contractor to proceed with the change No claim for an adjustment of the contract pri cewi I I be valid unless so ordered. If applicable unit prices are contained in the agreement (establ i shed as a result of either a unit price bid or a Supplement Schedule of Unit Prices) the Street Department may order the Contractor to proceed with desired changes i n the work, the val ue of such changes to be determined by the measured quantities involved and the appl i cabl a unit prices specified in the contract; provided that in case of a unit price contract the net value of all changes does not increase or decrease total amount shown in the Agreement by more than twenty-five(25%) percent. 3. SUPERINTENDENCE The Contractor's Superintendent and/or his assi stants wi I I not bed I owed to serve two functions a mul taneousl y, such operating machinery and acting as Superintendent at the same ti rre The Contractor's Superintendent must be free of individual responsi H I i ti es to enable him to give the entire project his constant attention to facilitate the progress thereof. The Contractor's Super! ntendent wi I I be responsi bi a for establ ! shi rig grade control on concrete removal and replacement. 4. PROSECUTION OF WORK The Contractor will, before starti ng any work on any street, erect bard cadesand signs, or provide suffid ent flagmen, as approved by the Street Suped ntendent, to give noti ce to vehicular traffic. Duri rig the construcU on the Contractor i s to dose to traffI c streets, as approved by the Street Suped ntendent. At no time during the period of construction shal I driveways and/or al I eys be left impassable between the night hours of 6 P.M. to 6 A.M., except dud rig the construction of the curb and gutter for which the driveways and/or alleys shall remain dosed not more than 4 days ! ncl udi rig 72 hours for curing. The Contractor wi 11, dud rig the progress of the work, erect and mai ntal n for twenty-four hours a day such bard cades and warnings, as approved by the Street Superintendent, necessary to give notice to vehicular and pedestrian traffic of any and al I obstructions and i nscfar as possi bl a keep the streets and/or al I eys on which work ! s bei rig done i n a passable condition. During the ti me the concrete is curing in the al I eys and until it can be opened to traffic, the Contractor steal I maintai n ward rig signs on bard cades wi th IIghts at each end of the block unti I the al Iey can be opened to traffic. r The flagmen will be required to weer vests and use the type of flag as shown on flagging detail sheet in specifications. All equi pment worki ng on the streetswi ll at al I times have at least two (2) red, orange or fluorescent red-orangeflags at least 16' x 16' 1n size. These flags shall be mounted high enough on the equipment so that they wil l beAsibleto all traffic meeting or passing the equipment. t Before work i s started on any street 1 t wi I I be the respons bi 1 ity of the Contractor to notify each property owner that has a car or cars parked 1 n thei r driveways or garages so that each owner mi ght have the opportuni ty to move thei r cars. , The Contractor she[ I schedul a hi s work on maj or thoroughfares and col I ectors at I east 5 days 1 n advance, i n order that businesses may haveti me to adjust their plans On all thoroughfares and col lectors; the Contractor and the City's Representativeswill work with each of thebusnessm hospitals, schools, etc., so that only part of the driveways into their parking lotswill be dosed. At no timewill any parking lot be completely dosed, without prior approval from the Owner's Representative, unless -the work is being accomplished at night and the businesses are dosed. The Contractor shall be respond blefor notifying affected businessesof the proposed work and the projected schedulefor completion of thiswork. Immediately after each re -construction the Contractor shall dean, remove any paving materi al s from gutters, rubbish and temporary structures from the street, restore i n an ac ceptabl a manner al I property, both publ i c and pri vate whi ch has been damaged duri ng the prosecuti on of the work, and I eave the s to of the work i n a neat and presentabl e condition throughout. The cost of the "d eanup" shall be i net uded as part of the cost of the various items of the work involved, and no direct compensation wi I I be made for this work. The Contractor should familiarize himself with the Texas Manual on UNIFORM TRAFFICCONTROL DEVICES for Streets and Highways. Part VI. BARRICADESAND DANGER WARNING AND DETOUR SIGNSAND TRAFFIC HANDLING The Contractor shal I have the sol a respons bi I i ty for provi di ng,1 nstal I i ng, movi ng, repi aci ng, mai ntai ni ng, d eani ng and removing upon completion of work, al barricades, warning signs, barriers, cones, lights, sgnaisand other such type devicesfor handling traffic control as indicated in the plans or as directed by the Street Superintendent. All barricades, warning signs, barriers, cones,lights,sgnalsand other such type devices shal I conform to details shown on the plans and as indicated in theTexas Manuel on Uniform Traffic Control Devices. The Contractor may provide special signs not covered by pl ans to protect the traveling public against special conditionsor hazards, provided however, that such signs are first approved by the Street Superintendent. Upon compl eti on of the work, ail barricades, warning signs, barriers, cones, I i ghts, signals and other such type devices and evident thereof shall be removed by the Contractor. 6. MAINTENANCE OF DETOURS The Contractor shall do such work as maybe necessary to mai ntai n detours and faci I i ti es for safe public travel in acco-dancewiththe Traffic Control Plan and these specifications There shall be maintained in passable condition, such temporary roads and structures as may be necessary to accommodate publ i c travel. Temporary approaches and crossi ngs of i ntersecti ng hi ghways shal I be provi ded and mai ntai ned i n a safe and passabl a condi ti on by the Contractor at hi s enti re expense 7. PUBLIC SAFETY AND CONVENIENCE Ingress and egress to private property shal I be provided as specified in the plans or as di rected by the Street Superi ntendent. The Contractor shal I pl an and execute hi s operati ons i n a manner that wi I I cause the mi ni mum 1 nterf erence wi th traffic. The Contractor shal I secure the Street Suped ntendent's approval of hi s proposed plan of operation, sequence of work, and methods of provi di ng for the safe passage of traffi c before i t i s pl aced i nto operati on. I f at any ti me duri ng oonstruction the approved plan does not accompl i sh the i ntended purpose, due to weather or other oonditi ons affecting the safe handling of traffic, the Contractor shall immediately make necessary changes therein to correct the unsatisfactory conditions At ni ght or otherwi se, al I equi pment not i n use shal I be stored i n such a manner and at such I ocati ons as not to i nterfere wi th the We passage of treffi c. The Contractor shad I provi de and mai ntai n f I aggers at such poi nts an for such (f i' periods of time as maybe required to provide for the safety and oonvenienoe of public travel and Contractor's personnel, and as directed by the Street Superi ntendent. Flaggers shall be English speaki ng, courteous, wei I informed, physically and mentally ableto effectually perform their dutiesin safeguarding and directing traffic and protecting the work, and shall be neatly attired and groomed at al I timeswhen on duty. When directing traffic, flaggers shalI use standard attire, flags and signals and follow the flaggi ng procedures set forth in theTexas Manual on Uniform Traffic Control DevicesforStreets and Highways. 8. REMOVING OBSTRUCTIONS The Contractor shall fami I i ari ze himself with the existing obstructions including sidewalks, trees, poles, etc., prior to building. It shall be the Contractor's responsibility to remove these obstruc i ons at the direction of the Street Superintendent, except that the utility compani es wi I I move their equipment at no cost to the Contractor. The Contractor will receive no compensation for delay caused by the Utility Companies in relocating or removing their a equi pment. 9. TEST OF MATERIALS The City of Lubbock Pavement Management laboratory test results shall be the sole consideration for approval of ' materials, mix designs, adequacy of procedures, etc. The results of such testing shall be evaluated and final approval given by the Street Superintendent. A. CONCRETE MATERIALS Before Concrete materials can be used on any street, a current mix design (not older than 30 days) with test reportswill besubmitted to the Street Superintendent for approval. During theconstruction period, conncretetests that fai I wi I I requi re the I ocati on to be cored at the contractor's expense. I f the concrete cores fai 1, the concrete work will be removed and replaced at no additional cost to the City of Lubbock. B. HOT MIX The Contractor, or supplier of such materials, shall submit a mix design to the City Pavement Management office, at least thirty (30) days prior to the reconstruction, a mix design it shall include, but not limited to crushed face counts, FI aki ness I ndex tests, and magnesi um sulfate(soundness) tests. The gradation requi rements shal I be that as necessary to meet the gradation requirementsof Item 6.3 (HMAC Mix Design Requirements). Thecrushed face count, R aki ness I ndex, and Magnesium Sulfate requirements shal 1 meal those established i n C! tyof Lubbock Standard Paving Specifications, Item number 6.4. 10. SUBCONTRACTOR The Contractor shall not award any work to any subcontractor without prior written approval of the Owner, which approval will not be given until the Contractor submits to the Owner a written statement concerning the proposed award to the subcontractor, whi ch statement shal I contal n such i nformati on as the Owner may requi re. The Contractor shal I be as ful I respond bl a to the Owner for the acts and omi sons of his subcontractors, and of personseither directly or indirectly employed by them, asheisfor theactsand omisonsof personsdirectly employed by him. The Contractor shall cause appropriate provi si ons to be inserted in all subcontracts relative to the work to bind subcontractors to the Contractor by the terms of the General Conditions and other contract documents i nsofar as appl i cabi a to the work of subcontractors and to gi ve the Contractor the same power as regard term! nati ng any subcontract that the Owner may exercise over the Contractor under any provision of the contract documents. Nothi ng contained in this contract shal I crime any contractual relation between any subcontractor and the Owner and ' said subcontractor will look exclusively to contractor for any payments due subcontractor. 11. UNDERGROUND UTILITIES The Contractor's attention i s di rected to the fact that pipelines and other underground i nstal I ati o ns as may be shown on the plans have been taken f rom the best avai I abl a information. There may be other pi pel i nes or i nstal l ati ons. The Contractor shall I hold harmless the Ci ty from any and all sui is or claims resulting from damage by hi s operati ons to any pipeline or underground installation. I t i s the Contractor's responsi bi I i ty, duri ng the peri od of street constructi on, to i nsure that al I uti I i ty cuts i n the I i mi is of street construction have been properly backfiIIed, compacted, and the top 6' inchesbaclkfiIIed with 2-sack flowable fi 11. 1 t i s not the i ntent to requi re the Contractor to provi de for the uti I i ty cut repai r but for the 1 ndi vi dual uti I i ty company making the cut to provide their own repairs. In the cage of a City underground i nstal I ati on, the Contractor maybe required, at the Street Superintendent's option, to repair the cut with 2-sack flowablefitl at the unit price bid. ' 12. PARTIAL PAYMENTS On or before the tenth day of each month, the Contractor shall submit to Owner's Representative an application for partial payment. Owner's Representative shall review said application for partial payment and the progress of the work made by the Contractor and if found to be in order shall prepare a certificatefor partial payment showing as completely as practical the total value of the work done by the Contractor up to and i nd udi ng the last day of the precedi ng month. 13. CORRECTION OF WORK AFTER FINAL PAYMENT Neither the final payment nor certificate nor any provision in thiscontract shall rel i eve the Contractor of respond bi I i ty for faul ty mated al s or workmanshl p, and he shal I remedy and defects due thereto and pay for any damage to other work resulti ng therefrom, which shai I appear withi n a peri od of one (1) year from date of fi nal acceptance of the proj ect. The Owner or the Owner's Representati ve shal I give notice of observed defects with ruble promptness. 14. LABOR The Contractor must abide by the Wage and Hour Laws of the State of Texas, or the U.S. Department of Labor, and must not pay I ess than the rate I egal I y prescri bed or as set forth here! n, whi chever i s hi gher. Payment for time worked over forty -hours per week shall be made at one and one-half (1-1/2) times the above prevailing rates Payment for timeworked on legal holidays small be paid atone and one-half (1-1/2) times the regular governing per diem wage ratm Any laborer, workman or mechanic required or permitted to work in excess of eight (8) hours per calendar day, under the emergency exceptions to House Bill No. 115 of the44th Legislature invoked by HCR No. 201 of the47th Legislature shall be paid on the basi s of eight (8) hours constituti ng a day's work. SPECIFICATIONS Page Intentionally Left Blank February 16, 2009 CITY OF LUBBOCK PUBLIC WORKS ENGINEERING STANDARD PAVING SPECIFICATIONS TABLE OF CONTENTS 1� I SECTION PAGE NUMBER 1.1 GENERAL 4 1.2 Specifications 4 1.3 Warranty and Acceptance 5 1.4 Testing and Inspection 5 1.5 Cleanup and Site Restoration 5 1.6 Notification of Property Owners 6 1.7 Protection of Utilities and Irrigation Systems 6 1.8 Water for Construction 6 2.1 CONCRETE 7 2.2 Classification 8 2.3 Mix Design 8 2.4 Strength Requirements 9 2.5 Cement 9 2.6 Aggregate 10 2.7 Flowable Fill 11 2.8 Water 11 2.9 Admixtures 11 2.10 Reinforcing Materials 11 2.11 Joints 12 2.12 Joint Sealing Materials 13 2.13 Curing Compounds 13 2.14 Forms for Concrete 13 2.15 Placing and Finishing Concrete 14 3.1 SUBGRADE 15 4.1 FLEXIBLE BASE (CALICYIE) 16 4.2 Materials Tests 16 4.3 Flexible Base Construction 17 5.1 ASPHALT STABLIZED BASE (ASB) 17 5.2 ASB Mix design 18 5.3 Placing ASB 19 5.4 ASB Compaction 19 6.1 HOT MIX ASPHALT CONCRETE SURFACE (HMAC) 19 6.2 Thickness of HMAC Surface 20 6.3 Mix Design 21 6.4 Coarse Aggregate 22 6.5 Fine Aggregate 23 6.6 Asphalt 23 6.7 Production and Placement of HMAC 23 6.8 Compaction 25 6.9 Prime and Tack Coats 26 6.10 Emulsified Asphalt Sealer 26 6.11 Release agents 26 6.12 Sampling of HMAC 27 7.1 STORM SEWER 27 7.2 Reinforced Concrete Pipe 27 7.3 Mortar 27 7.4 Preformed Bituminous Gasket Joints 28 7.5 Manholes 28 7.6 Manhole Frames and Covers 29 7.7 Construction Methods 29 7.8 Excavation 30 7.9 Pipe Installation 31 7.10 Backfilling 32 7.11 Trench Protection 33 8.1 FENCES 34 9.1 SALVAGE OF ASPHALT PAVING 34 10.1 BARRICADES 3.4 11.1 PROSECUTION OF THE WORK AND WORKING DAYS 35 11.2 Working Days Definition 35 11.3 Work Between November 1 and January 2 36 12.1 MEASUREMENT AND PAYMENT 36 12.2 Curb and Gutter 37 01 12.3 Concrete Flat Slabs 37 12.4 Curb Ramps 37 12.5 Concrete Drainage Channel 37 12.6 Retaining Wall or Curb on Drain Channel or Curb Ramp 38 12.7 Concrete Median 38 12.8 Concrete Street Paving 38 12.9 Sawing and Sealing Joints 38 12.10 Storm Sewer Inlet Boxes and Manholes 39 12.11 Headwalls 39 12.12 Storm Sewer Pipe 39 12.13 Extra Vertical Feet of Manhole 39 12.14 Curb and Gutter Removal 39 12.15 Concrete Slab Removal 40 12.16 2 Sack Flowable Fill 40 12.17 Asphalt Paving 40 12.18 Asphalt Paving Repair 40 12.19 Excavation and Grading 41 12.20 Ditch Grading and Unpaved Street Surface Grading 41 13.1 STANDARD DETAILS 41 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 14.1 MICROSURFACING 43 14.2 Materials 43 14.3 Equipment 44 14.4 Construction 44 14.5 Finished Surface 45 14.6 Hours of Operation 45 15.1 ASPHALT REJUVENATOR 45 15.2 Materials 45 15.3 Equipment 46 15.4 Application 47 15.5 Clean Up 47 15.6 Measurement and Payment 48 3 CITY OF LUBBOCK PUBLIC WORKS ENGINEERING STANDARD PAVING SPECIFICATIONS 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 sheets. The Engineer may require certificates from manufacturers certifying that materials or equipment to be incorporated into the work meet these specifications. Material Safety Data Sheets (MSDS) shall be required on all materials. All materials or equipment shall be subject to approval by the Engineer before being incorporated into any project. After approval, the source and/or character of materials shall not be changed without written authorization by the Engineer The term Engineer used in these specifications may refer to the City of Lubbock City Engineer or an individual designated by the City Engineer to administer these specifications and associated plans. SPECIFICATIONS Any references to these specifications, ASTM, AASHTO, TxDOT, or other designated t-mk tests, procedures, quality standards, or requirements which are included in these specifications or any associated plans shall be the latest edition and revision thereof J When information indicated on plan sheets is different from these specifications, the information on the plans shall govern. 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. 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. 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. 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 bail check valves. When filling the truck or container there shall be an air gap of at least two times the opening diameter of the truck or container. 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. 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%, plus or minus 1-1/2%, 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. 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 MIX DESIGN Twenty to thirty days prior to beginning any concrete construction the contractor shall submit the following to the Engineer for approval: 1. Test certificates from an approved commercial testing laboratory on all proposed aggregate. Certificates shall indicate material source, gradation, and loss from 5 cycle Magnesium Sulfate or Sulfate test (not to exceed 18%) 2. A mix design based on water -cement ratio. 14 Results of compression tests in conformance with ASTM C 39 and/or flexural tests in conformance with ASTM C 78, made by an approved commercial testing laboratory. Tests shall be made on 6 cylinders and/or 6 beams at curing times appropriate to the class of concrete. The City Engineer will approve or reject the mix design and materials based on these submittals. This approval shall be subject to additional testing during construction. Mix designs for various classes of concrete shall conform to the following: Minimum Sacks Maximum Gal Maximum Slump Class Cement per CY Water per Sack Inches A 5.0 6.5 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 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 Day 7 Day 28 Day 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, Type 111, or Type V cements, conforming to ASTM C 150 "Standard Specification for Portland Cement". Air entrained cement shall be Type IA, Type IIA, Type IIIA, or Type VA conforming to ASTM C 175 "Specification for Adding Air Entraining to Portland Cement" and ASTM C 226 "Standard Specification for Air -Entraining Portland Cement". 9 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 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 Tensile Strength 70,000 psi to 110,000 psi Length 3/4" 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'/4 inch wide 1-5/8 inch deep, shall be placed at 13 foot intervals. Alley paving contraction joints shall be sealed with an asphaltic sealer. 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 %2 inch wide and to depth equal to'/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. Valley gutters and fillets shall be constructed with tooled construction joints. The joints shall be sealed with an elastomeric system as indicated in section 2.12. 12 JOINT SEALING MATERIALS Bituminous premolded expansion joint material shall conform to ASTM D 1751, and shall be placed as indicated on plan sheets or elsewhere in these specifications. Elastomeric sealant for contraction joints shall be, or shall be equivalent to, W.R. Meadows "SOF-SEAL", 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 eastomeric 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. 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. 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. 13 Face forms and constructi on j of nts (removabl a metal pl ales) shal I be set to hol d the concrete i n place unti I it i s to be fi ni shed. Forms that are warped or damaged i n any manner so as to make them unacceptabl a to the Engi neer shal I not be used. Forms for radii shal I be set i n the same manner as straight forms, and shad I be set to produce curves true to the pl ans. Face forms wi I I not be requi red for curb and gutter on radi i if a true secti on can be obtai ned by other methods acceptabl a to the Engi nee-. PLACING AND FINISHING CONCRETE PI ad ng of concrete shal I not start before sunri se; and shal I stop one hour before sunset. Concrete shal I be pl aced as d ose to i is proper I ocati on as practi cat. Suff i a ent concrete shal I be pl aced to al I ow for shri nkage and extra materi al for fi ni shi ng. The concrete shal I be fl oated and trowel Ed to the approxi mate secti on. No water shai I be added duri ng pl acement or fi ni shi ng of any concrete; unl ess sped f i cal I y authori zed by the Engi neer. When water is needed for fi ni shi ng purposes it must be dispensed by a pressurized canister wi th a mi sti ng nozzl e. For curb and gutter removal of face forms and f i ni shi ng shad I be started after a parti al set occurs. For al I concrete construction approved forms, templates, and tools shad I be used to form the cross-secti ons i ndi cated on pi an or detai I sheets. Concrete steal I not be pl aced when the ambi ent temperature i s bel ow 40 degrees F or if sustai ned wi nds are 25mph or hi gher as determi ned by the Nati onal Weather Sevi ce Conti nuous broadcast, 748-1071 sel ecti on 2. 1 f, whi I e pouri ng concrete; the sustai ned wi nds exceed the 25mph ai I pl acenent operati ons wi I I cease i mmedi atd y. Concrete shel I not be pi aced on frozen subgrade The contractor shal I have avai I abl a suffi a ent coveri ng mated al, approved by the Engi neer, to i mmedi atel y protect concrete shout d the ei r temperature fal I bel ow 33 degrees F. Thi s protecti on shal I remai n i n pl ace as long as the temperature Conti nues bed ow 32 degrees, to a maxi mum of 5 days. No sal t or other chemi cal admixtures shal I be added to the concrete to prevent frees ng. AI I concrete pl aced for pavement shal I be consol i dated by use of mechani cal vi brators approved by the Engi neer and desi geed to A brace the concrete i nternal I y. Vi brators shal I be operated i n a manner not to i nterferewi th j of nts, and shad I not come i n contact wi th forms. The surface of concrete street pavi ng shal I i noorporate a ti ned f i ni sh. Al I other concrete surfaces shal I be comp) eted wi th a I i ght broom fi ni sh. When forms are used for concrete pavi ng the forms must stay i n pl ace for 3 days or unti I the concrete reaches 2400 psi. Wreck sets wi I I be made by the Ci ty of L ubbodk i nspectors. Fi ni shed concrete surfaces shal I not have i rregul ari ti es i n excess of 118 i nch when tested with a 10 foot straightedge. Prior to acceptance, the contractor shall apply sufficient water to al I concrete and pavi ng to determi ne Iocati ons of pondi ng. Pbnded areas shal I be removed and replaced. Any concrete construction damaged by equipment, tools, vandals, or other i nfl uences shad I be repl aced at the contractor's expense. 14 ` i= _ t Subgrade mated al for concrete or asphal t constructi on shall oonsi st of sui tabl a nati ve soi I or off site soi I, free from vegetation or other obj ectionabl a matter. All unstabl a or obj ecti onabl a mated al shal I be removed f rom the subgrade and reps aced wi th approved mated al. The materi all shd I be sui tabl a for formi ng a stabi a embankment and shal I meet the fol I owi ng requi rements: Liquid Limit 45maxi mum PI asti a ty I ndex 20 maximum L i near Shrinkage 2 mi n —10 max Subgrade mated al whi ch does not meet the above requi rements may be condi ti oned wi th I i me, sand or cal i the screeni ngs. The oondi ti oni ng shd I produce a uni form subgrade mated al whi ch meets al I of these sped f i ed subgrade requi rements. A I I testi ng of subgrade wi I I be comp) eted pri or to any pl acement of curb and gutter. Subgrade wi I I be processed the enti re wi dth of the roadway i nd udi ng under the curb and gutter section. Subgrade shal I be prepared i n conformance with the I i nes and grades shown on the pl ans, or as di rected by the Engi neer, by scari fyi ng and oompacti ng to a mi ni mum of 95% of Standard Proctor Density at optimum moisture content plus or minus 2%. Subgrade shal I be constructed i n maxi mum of 6 i nch I i fts. The total thi dcness of the subgrade shal I be 6 i nches mi ni mum for streets 36 feet wide or I ess, 12 i nches mi ni mum for streets greater than 36 feet wi de, or as i ndi cated on pl an sheets. The compacti on method for subgrade shal I provi de for each I i ft to be compacted to the sped f i ed densi ty usi ng appropri ate equi pment. After each secti on of subgrade i s comp) etA moi sture(densi ty testi ng wi I I be performed by a oommerd al I aboratory, revi ewed and approved by a I i censed professi onal engi neer i n the State of Texas. Random verification testing will be performed by the City of Lubbock personnel. At any ti me the City Engi neer may requi re proof rol I i ng on streets or ai I eys with a 25 ton pneumati c rol I er, to test the uni formi ty of compacti on. Rol I ers wi I I be comp) etel y I oaded I with water or wet sand to ensure they meet the manufacturer's weight requi remelts. Al I uti I i ty ditches shal I be determi ned to be stab) a pri or to constructi on of subgrade over such uti I i ty ditch. Any fi I I pi aced wi thi n exi sti ng or proposed street ri ght of way i n executi on of an approved cut and fi I I pl an shal I meet these sped fi cati ons for mated al s and constructi on. Cut and fi I I operati ons shal I compl y wi th Chapter 25 of the G ty of L ubbodc Code of Ordi nances. 15 Subgrade whi ch has become wet, or otherwise altered, after completion maybe subject to retesti ng and reprocessi ng as determi ned by the Engi neer. FL EX BL E BASE (CAL I CHE) The mated al for fl exi bl a base shal I cons! st of crushed cal i che; I i mestone; cal careous d ay partides, conglomerate; gravel, sand, or other approved granular materials produced from oversize quarried aggregate; sized by crushing and produced from a natural I y occurring si ngl a source. BI endi ng of sources shal I be al I owed only if ail sources i ndi vi dual I y meet the requirements of these specifications. If material characteristics within the approved source change; the mated al shal I be subj ect to retesti ng and re -approval pri or to c onti nued use The Contractor shal I not change mated a1 sources without approval by the Engi neer. Al I base materi al sources are subject to approval by the Engi neer. Approved sources that do not test consistently within the I i mits of these specifi cati ons during construction may be rej eced by the Engi neer. MATERIAL TESTS FI exi bl a base mated al shal I conform to the fol I owi ng test requi repents: SleveAnalysis Sieve Size 2-1/2" 1-3/47 7/8" 30 #4 #40 %Retained 0 0-10 10-35 30-50 45-65 70-85 Atterberg Limits M ateri ai passi ng the No. 40 Si eve shal I be known as " Soi I Bi nder" and shad I meet the fol Iowi ng requi rements: Liquid Limit 45 maximum PI asti city Index 15 maximum and 3 minimum L i near Shrinkage 10 maxi mum t Wet Ball Mill s- When tested in accordance with Tex-116-E (Wet Bail Mill) the base material shall have a j val ue not to exceed 50. The percent of mated al passi ng the #40 si eve shad I not i ncrease �-- by more than 30 during the test. Il 16 L_ z � FLEXIBLE BASE CONSTRUCTION Areas behi nd curbs shal I be badcfi I I ed and I evel ed wi th approved topsoi I pri or to pl ad ng base material. Approved f I exi bl a base materi al shal I be haul ed i n vehi d es of uniform. capaci ty and dumped everil y al ong the prof ect I ength for processi ng and compacti on. Processi ng shal I be accompl i shed i n mul ti pl e I i fts of 3 i nches compacted thi ckness. Each course shal I be wetted and rol I ed wi th a pneumati c rol I er as requi red to produce a uniform compaction of 950/6 minimum of Standard Proctor Density with a moisture content of 1 % above to 2% bd ow opti mum. Densi ti es wi I I be taken by a oommerdal I aboratory as outl i ned i n 3.1 of the sped f i cati ons. Uni t wei ght wi I I be provi ded by the Ci ty of L ubbodc, and randoml y verif i ed by Ci ty of L ubbodc personnel. At any ti me the Engi neer may requi re proof rol I i ng wi th a 25 ton pneumati c rol I er to ensure uni form compaction of base. Processing for oompacti on of cal i the base with a sheep's foot type rol I er wi 1 I not be permi tted. The base shal I be mai ntai ned by bl adi ng, wateri ng, or other methods unti I the weari ng surface i s pl aced. W ndrow cal i the shal I not be removed unti I the base has passed f i ni sh inspection. Base whi ch becomes wet, or otherwise altered, maybe subject to retesting and reprocessi ng as determi ned by the Engi neer. The compacted f I exi bl a base shal I be fi ni shed and shaped i mmedi atel y preced! ng the appl i cati on of the surface treatment. Al I 1 oose or unconsol i dated mated al shal I be removed and the surface moi stened and rol I ed wi th a steel wheel rol I er. Al I i rregul ari ti es, depress! ons, or weak spots whi ch devel op shal I be corrected by scari fyi ng, addi ng or renovi ng materi al as requi red, reshapi ng, and recompacti ng, or other methods approved by the Engi neer. Any deviation i n the surface of the fi ni shed base i n excess of 3/8 i nch from the establ i shed grade or true cross -sect! on, usi ng a 10 foot I ong strai ght edge, shal I be corrected as provided above. Asphal t stabi I ized base shal I consi st of a compacted mi xture of graded gravel aggregate (cal i the i s not an ac ceptabl a aggregate for ASB) and asphal t dement mi xed hot i n a mi A ng pl ant i n accordance with these spedfi cati ons. The contractor's pl ant and equipment are subject to approval by the Engi neer, and shai I be appropriate and i n sui tabl a oondi ti on to produce the base materi al consi stentl y i n compl i anoe wi th these sped f i cati ons. In place compaction control is required for ail ASB. Locations of Cores, when required, - wi I I be determi ned by a ty of L ubbodc personnel and marked. The cores wi I I be cored by the contractor, cut and d eaned and then returned to the i nspectors to then determi ne ' composition, compaction, thi d<ness, and density. The contractor shal I replace the E . pavement removed from core holes at no cost to the City. ASB found to be defi cient in _' 17 composition, compaction, thickness, or density shad I be corrected at the contractor's expense as directed by the Engi beer. ASB M 1 X DESIGN ASB shal I be desi gned i n accordance to TX DOT 340 specifi cati ons Type B (fi ne base) usi ng the Texas gyratory compac ti on method (TX206-F).The contractor shal I provi de a current mi x desi gn usi ng the approved materi ai s i ndi cati ng gradati on and opti mum asphal t content. The aggregate mixture shal I conform to the fol I owi ng master gradation: Si eve Size 1" 716' 5/6' 3/6' #4 #10 #40 #80 #200 Percent Passi ng by Weight: 0 95-100 75-95 60-80 40-60 27-4010-25 3-13 1-6 M ateri al passi ng the #40 si eve shal 1 be known as soi I bi nder and shal I meet the fol I owi ng requi rements: Liquid Limit shall not exceed 45 PI asti a ty 1 ndex shal I not exceed 15 L i near Shri nkage shal I not exceed 5 The mi neral aggregate shal I not contai n more than 0.5% moi store pri or to enteri ng the pugmi I I for mi A ng wi th asphal t. The ASB mi xture shel I oonsi st of a uni form mi xture of mi neral aggregate and asphal ti c mated al. The mi neral aggregate shai I conform to the gradati on requi rements sped fi ed. Optimum asphalt shall be determi ned in accordance wi th design method TX204-F, with a target densi ty of 96.5% 1 ab mol ded densi ty. Asphal t content tol erances wi I I be pl us or minus .3%. Outside these parameters corrective action must betaken immediately, over .5% shal I requi re i mmedi ate cease of producti on. No more than 20% RA P wi I I be al Iowed i n ASB designs. The percent asphal ti c mated al shal I be determi ned i n accordance with Test Method Tex.-236F. Asphalt for the mixture shal l meet the requi rments of Tx DOT I tem "Asphal t, Oi I s, and Emul si one, and must be a performance graded (PG) 64-22 or better. The grade of asphal t and source must be approved by the Engineer prior to use. E The contractor shall submit the mix design prepared by a qualified lab for approval by t- the Engi neer. The Engi neer wi I I approve the asphalt content to be used i n the mi xture after desi gn tests have been made wi th the aggregate to be used. The asphal t content of the producti on mi xture duri ng producti on shad 1 not vary from the desi gn more than 0.2% t dry weight based on total mixture. �j 18 _ PLACI NG ASB Asphalt Stabi I i zed Base shal I be placed and compacted in 3 inch l i fts to form a 9 inch thick compacted bases unless otherwise directed by the Engineer. Prior to placing ASB, the subgrade shall be prepared as previ oust y specfi ed. The cross-secti on shd 1 be constructed to form the sped fi ed crown on the HMAC surface at the centerl i ne of the . street, or as i ndi cased on the pl ans. ASB shal I not be pl aced when the ai r temperature, as reported by the Nati onal Weather Servi ce 748-1071 sel ecti on 2,1 ess than 50 degrees F ambi ent or 60 degrees surface temperature. ASB materi al shal I be pl aced at a temperature i n compl i ance wi th the product manufacturer's specs fi cati ons. Any ASB mated al that i s above, or bel ow the specif i ed temperature range may be rej ected by the engi neer. No payment wi I I be made for any rej ected mated al. Any ASB mated al that i s rej ected steal I be di sposed of at a location observed and approved by the engineer's representative. The ASB mated al shal I be I ai d on the approved prepared surface usi ng an approved I aydown machi ne. The materi al shal I be pl aced i n such a manner that when properl y compacted the fi ni shed course i s smooth, of uni form densi ty, and i n conformance with the cross-secti ons and grades shown on the associ ated pl ans. ASB COM PACT ION The ASB shal I be compacted thorough) y and uni form) y wi th approved rol I ers to a densi ty of 90.1 % to 97.3% i n pl ace ai r voids wi th a I ab mol ded target of 96.5% pl us or mi nus 1 %. AI I resul is wi I I be cal ail ated usi ng the maxi mum theoreti cal ri ce gravi ty. Lab mol di ng wi I I take pl ace i n accordance to the asphai t manufacturer' s recommended temperature. ' Rol I i ng patterns shal I be set by usi ng a thi n I i ft nud ear gauge i n order to ensure maxi mum oompacti on. Al I rol I er marks shal I be removed and compaction compl eted pri or to the ASB mi xture cool i ng bel ow 185 degrees F. HOT M IX ASPHALT CONCRETE SURFACE (HMAC) Hot mi x asphal t concrete surface shal I consi st of a mi ni mum of one and one hal f i nch thi do compacted mi xture of coarse aggregate, fi ne aggregates mi neral fi I I er and asphal t cement mixed hot in a mixing plant in accordance wi th these specifi cati ons. Unless otherwise specified, the materials and construction shall conform to TOOT Item 340 Dense Graded Hot Mix Asphalt Method. 19 M i x desi gns wi I I be in accordance wi th TX204-F with a lab molded density of 96.0% using the Texas gyratory compaction method. With a target V M A(voi ds in mineral aggregate) to be determi ned accordi ng to type of HMAC uti I ized. Desi gns wi I I need to be resubmi tted annual I y or when materi al properti es change. The contractor's plant and equipment are subject to approval by the Engineer, and shal I be appropri ate and i n sui tabl a condi ti on to produce the HMAC surface condi stentl y i n compl i once wi th these sped 1 cations. Approval of the source and character of the materi al s shal I be obtai ned from the Engi neer pri or to use The oombi ned mi nerad aggregate, after fi nal processi ng by the mi A ng pl ant and pri or to addition of asphalt and mi neral fi I I er, shal I have a sand equi val ent val ue of not I ess than 45 when tested in accordance wi th Test Method Tex 203-F. The percent of flat and el ongated sl ivers of stone for any aggregate shal I not exceed 25% when tested i n accordance with Test Method Tex 224-F. Asphal ti c mi xtures wi th aggregates whi ch exhi bi t stri ppi ng characteri sti cs shal I be condi ti oned wi th ei ther I i me or I i qui d anti-stri ppi ng agent approved by the Engi neer. Anti -stripping agents shall meet requi rements of TX DOT I tem " Asphal t Anti -stri ppi ng Agents", and shall be added at the manufacturer's recommended dosage and temperature range. Core I ocati ons wi I I be marked at random I ocsti ons by the Ci ty of L ubbock personnel, then cored by the contractor, c eaned and tri mmed i f nay. Cores must be at I east 1- '/d' pri or to bei ng tri mmed. Cores wi I 1 be returned to Ci ty of L ubbock personnel wi thi n 24 hours for determi nati on of percent ai r voi ds. A mi ni mum of 2 cores(600' bl ock wi I I be taken to determi ne compacti on, thi ckness, and densi ty. Cores wi I I be taken i n psi rs and averaged to determi ne the percent ai r voi ds based on the theoreti cal maxi mum gravi ty. HMAC surface found to be deficient shal I be corrected at the contractor's expense as di rested by the Engi neer. After core testi ng i s compl eted the contractor can then request the cores be returned to them for further testi ng. The contractor shall reel ace the pavement removed f rom core hol es i mmedi atel y after testi ng at no cost to the City. THICKNESS OF HMAC SURFACE The thi ckness of HMAC surface shal I be a mi ni mum of one and one hal f (1-1/2) i nches, unless otherwi se i ndi cated on pl an& If onl y one core measures zero to'/ i nch I ess than i requi red thi ckness no correcti ve acti on shal I be requi red. I f two or more cores measure at I east'/ i nch I ess than the sped f i ed thi ckness, the HMAC surface shal I be oonsi dered deficient with respect to thickness. Additional cores wi I I betaken at 25 foot spacing to define the I i mi is of deficiency. No additi onal compensation wi I I be made to the contractor for thickness of H M AC surfaoe greater than specified. The pavi ng surface shal I not have vari ati ons exceedi ng 1/8 i nch between any two contact poi nts on a 10 foot straightedge. Defects shal I be remedi ed as di rected by the engi neer 20_ using methods specified in TX DOT Item 585 Ride Quality for Pavement Surfaces, Type A. MIX DESIGN The contractor shal I provi de a current H M AC mi x desi gn usi ng the approved materi al s, i ndi cati ng gradati on and opti mum asphal t content as determi ned by Test M ethod Tex 204f. I f approved by the engi neer the contractor may furni sh an al ternate mi x deli gn based on sped fi c proposed mated al s. Otherwi se the aggregate mi xture shal I conform to the following master gradation: Tvr)e " G' (Coarse Graded Surface Course — Streets areater than 36 feet wi de Percent passi ng 7/8" 100 Percent passi ng 3/4 95-100 Percent passi ng 3/9' 70-85 Percent passing No. 4 43-63 Percent passing No.8 32-44 Percent passing No. 30 14-28 Percent passing No. 50 7-21 Percent passing No. 200 2-7 VMA Design min. 12% g Type " D" ( Fi ne Graded Surface Course — Streets 36 feet or less wi de} Percent passi ng'/2' 98-100 Percent passing 3/9' 85-100 Percent passing No. 4 50-70 Percent passing No.8 35-46 Percent passing No.30 15-29 Percent passing No. 50 7-20 i Percent passing No. 200 2-7 VMA Design min.14% L ab mol ded densi ty wi I I be pl us or mi nus 1.0% of desi gn before correcti ve acti on i s requi red. R us or mi nus 1.5% wi I I requi re i mmedi ate cease i n producti on operati ons wi th removal and repl acernent of H M AC I ai d at that I ocati on. Producti on wi I I cease unti I whi ch ti me the contractor has suffi ci entl y proven they have taken correcti ve acti ons. Asphal t content wi I I be pl us or mi nus .3% before correcti ve acti on i s requi red. PI us or mi nus .5% wi I I requi re i mmedi ate cease i n producti on operati ons wi th removal and repl acement of H M AC I ai d at that I ocati on. Producti on wi I I cease unti I whi ch ti me the contractor has suffi d entl y proven they have taken corrective acti ons. M ateri al passi ng the No. 40 si ere shal I be known as so! I bi nder and shal I meet the following requirements: 21 Liquid Limit shall not exceed 45 H asti d ty I ndex shal I not exceed 15 L i near Shri nkage shal I not exceed 5 The mi neral aggregate shal I not oontai n more than 0.5% moi sture pri or to enteri ng the pugmill for mixing with asphalt. The HMAC mixtureshall consist of a uniform mixture of mineral aggregate and asphalt material. I f approved by the Engi neer, the contractor may provi de an alternate mi x desi gn based on his proposed materials. The contractor's materials and mix design shall meet all the performance criteria addressed in these specifications. COARSE AGGREGATE Only coarse aggregate approved for usage must be on the TX DOT source rati ng catalog. The coarse aggregate shal I be the materi al retai ned on a No. 4 si eve, and shal I consi st of dean, washed, tough, durable fragments of crushed stone of uni form quaff i ty. M i xi ng or oombi ni ng of crushed gravel and crushed stone wi I 1 not be permitted. Coarse aggregate shal I be crushed to the extent that produces a mi ni mum of 85% crushed faces for both Type "C" HMAC, and Type "D" HMAC, when tested in accordance with Test M ethod Tex -460-A Part I " Determi nati on of Crushed Face Count'. Decantati on wi I I be a maxi mum of 1.5%. Del eteri ous wi I I be a maxi mum of 1.5%. Coarse aggregate shall have a maxi mum I oss of 20% when subjected to 5 cycl es of the M agnesi um Sulfate Soundness Test ASTM C-88. The amount of organ c matter, d ays, I oams, or parti d es dated therewi th, or other undesi rabi a materi al s shal I not exceed 2 percent. When subjected to the Los Angeles Abrasion Test, the coarse aggregate shall f` not have a I oss greater than 40 percent by wd ght. _ Coarse aggregate may be enhanced by addi ti on of recyd ed asphal ti c pavement (RA P). The mated al shal I be dean without any fordgn materials so as to produce crushed aggregate i n conformance wi th these sped fi cations. FI NE AGGREGATE The fi ne aggregate i s def i ned as that part of the aggregate passi ng the No. 10 si eve and shal I be of uni form qual i ty throughout. A maxi mum of 15% of the total A rgi n aggregate may be f i el d sand or other crushed fi ne aggregate. Screeni ngs shal I be of the same or si mi I ar materi al as sped fi ed for coarse aggregate; Li near shri nkage shal I be a maxi mum of 3% M i neral fi I I er shal I consist of thoroughl y dry stone dust, sl ate dust, Portland cement or other materi al dust approved by the Engi neer. The mi neral fi I I er shai I be free of forei gn and other i nj uri ous matter and shal I meet the fol I owi ng gradati on: Percent passing on No. 30 Seve 95-100 Percent passing on No. 80 S eve 75 minimum I Percent passing on No. 200 S eve 55 minimum 6.6 ASPHALT Asphal t shal I be a Performance graded (PG) 64-22 or better, unl ess otherwi se shown on pl ans. The contractor steal I noti fy the Engi veer of the source of asphal ti c materi al for approval pri or to producti on of the asphalti c mi xture. Opti mum asphal t content wi l l be determined by Test Method TEX 204F. Asphalt content will be plus or minus 0.3% of design during production. When asphalt content fai I s outside these parameters i mmedi ate acti on i s requi red. I f at anytime the asphal t content fal I s to .5% i mmedi ate cease i n producti on wi I I take pl ace unti I whi ch ti me the contractor has provi ded suffi a ent evidence of the problem being corrected. PRODUCTION AND PLACEMENT OF HMAC Prior to production beginning, contractor must submit in writing a j ob mix formula (JM F) for the mix design they want to run on that project. The JM F will beheld to tol erances as outl i ned. Description Differenc efrom JM F Differenc efrom at I ndi vi dual percent retai ned for #10 si eve and I ar er ±5.0% ±5.0% 1 ndi vi dual percent retai ned from #104200 ±3.0% ±3.0% Percent passing #200 ±2.0% ±1.6% Asphalt content percentage ±.3% ±.3% Laboratory molded density percentage ±1.0% ±1.0% HMAC surface shall l be constructed to a minimum compacted thickness of 1-1/2 i nches and a maxi mum of 2-1/2 i nches for type D and 3-1/2 i nches for type C. 1_ . 23 The pavement shall be constructed on the previously approved base. H a i ng of HMAC shal I not start unti 130 mi nutes after sunri se; and must stop and ai I equi pment off the right of way 30 mi nutes pri or to sunset. HMAC surface shad I not be pl aced unti 1 at I east 48 hours after the appl i cati on of the pri me coat. Ai r temperature requi repents for pl ac ng H MAC shad I be as fol I ows. November 1 to Apri 1 1 HMAC shall not be pl aced when the ai r temperature i s below 55 degrees F and fad I i ng. H M AC may be pl aced when the ai r temperature i s above 50 degrees F and ri si ng. Apri 11 to November 1 H M A C shal I not be pl aced when the ai r temperature i s bel ow 50 degrees F and fal I i ng. H M AC may be pl acted when the ai r temperature i s above 45 degrees and ri si ng. Ai r temperature shal I be determi ned by the Nati onal Weather Servi ce hourl y report, 748-1071 selection 2. If the temperature of any HMAC, measured whi I e passi ng through the I ay down machi ne, i s pl us or mi nus 25 degrees F from the mi xi ng temperature, the load shall be rejected. No payment will be madefor rejected material. Any HMAC mated al that i s raj ec ted shal I be di sposed of at a I ocati on observed and approved by the engineer's representative. When weather i s product ng hi gh wi nds, contractor must provi de a water truck i n order to keep the bl owi ng dust down. I f the sustai ned wi nds reach 25mph, al I concrete and hotmi x operati ons wi I I cease producti on i mmedi atel y. The asphal ti c mi xture shad I be dumped and spread on the approved prepared surface usi ng an approved spreadi ng and fi ni shi ng machi ne The materi al shall be pl aced i n such a manner that when properly compacted the fi ni shed course is smooth, of uniform densi ty, and i n conformance wi th the cross-secti ons and grades shown on the associated plans. Wings of the I aydown machine may not be dumped unless they are dumped alter every I oad. A I evel up course, Y21 nch or more in thickness shall require the use of ASB or a coarse grade of H MAC approved by the Engineer. When the asphalti c mixture i s pl aced i n a smal I area where use of a fi ni shi ng machi ne is not practi cal, the contractor may use other methods approved by the Engi near provided a l , sati sfactory surface can be obtai ned. Adj anent to curbs gutters or other fl ush structures, the surface shal I be fi ni shed uni form) y 3 hi gh so that when compacted it wi I I be i nch above the curb or fl ush structure t. 24 All joints shal I present the same texture, density, and smoothness as other sections of the course. The j of nts between old and new pavements or between successive day's work steal 1 be made to i nsure a Conti nuous bond between the of d and new sections of the course. The transverse edges of of d pavement and, i f requi red by the Engi neer, the successive day' s pavement shal I be cut with an approved concrete saw to expose an even vertical surface for the fulI thicknessof the course. All contact surf aces of previously constructed pavement shal I be pai nted with a thi n uniform coat of approved tack coat before the fresh mixture i s pl aced. COMPACTION H M AC surface oompacti on shal I be 90.1 %-97.3% (2.7-9.9% ai r voi ds) of the theoreti cal maximum gravity (Rice gravity). Using appropriate rol I ers approved by the Engineer, the pavement shall be compared thoroughly and uniformly. Rol I i ng wi th three wheel and tandem rol I ers shal I start I ongi tudi nai I y at the si des and proceed toward the center of the pavement, overl appi ng on successi ve tri ps by at I east hat f the wi dth of the rear wheel s. AI ternate tri ps of the rol I er shal I be sl i ghtl y di ff erent i n I ength. On super -el evated curves rol I i ng shal I begi n at the I ow si de and progress toward the high si de; Rol I i ng wi th pneumati c rol I ers shal I be done as di rected by the Engi neer and shal I be Conti nued unti I requi red compacti on i s obtai ned and al I rol I er marks are el i mi nated. The moti on of the rol I ers shal I be sl ow enough to avoi d di 0 ac ement of the mi xture. Rol I ers shal I not be permi tted to stand on pavement whi ch has not been f ul I y compared. Any di spl acement of the mi xture shal I be corrected i mmedi atel y by the use of rakes and fresh mi xture where requi red. Gasol i ne; of 1, grease, sol vents, or other forei gn matter shal I not be permi tted to fal I on the pavement when rot l ers are in operation or standing. Places i naccessi bl a to the rol I ers may be compacted using I i ghtl y of I ed tamps. Trenches and other I i mi led areas where requi red compaction cannot be obtai ned usi ng a three wheel rol I er shal I be compared with a trench type rol 1 er. 26 I', The surface of the pavement after compacti on shal I be smooth and true to the establ i shed I i ne; grade; and moss-secti on. When tested wi th a 10 foot strai ght edge pl aced paral I el to the c enterl i ne of the roadway, or other means ac ceptabi a to the Engi neer, the maxi mum devi ati on shal I be not exceed 1/8 i nch i n 10 feet. An ac ceptabl a 10 foot strai ght edge shal I be provided by the contractor. Any poi nt i n the surface not meed ng this requi rement shal I be corrected as di rested by the Engi neer. When pl aced on ed sti ng surfaces, the 1/8 i nch maxi mum devi ati on requi rement may be wai ved by the Engi neer. PRI M E AND TACK COATS Pri or to pl ac ng HMAC on fl exi bl a base, the surface shall be pri med usi ng an appl i cati on of 0.20 gai I ons of asphal t per square yard of surface. Before any asphal ti c mi xture i s I di d, the surfaces agai nst whi ch the pavement i s to be pl aced shal I be d eaned to the sati sfacti on of the Engi veer. The surfaces shal I be gi ven a uniform appl i cati on of tack coat usi ng asphelti c materi al s of thi s specifi cati on. Pri me coat wi I I not be used as a tack coat. The tack coat shal I be appi i ed as di rested by the Engi neer wi th an approved sprayer. Where the pavement mi xture wi I I adhere; as determi ned by the Engi veer, to the surfaces on whi ch i t i s to be pl aced wi thout the use of a tack coat, the Engi neer may wai ve the requi rement for the tack coat. A I I contact surfaces of curbs, structures, and j of nts shal I be paj rated wi th a thi n uni form tack coat. The pri me coat shout d be M C 30 or AEP, the tack coat shal I be asphal t mated al s such as PG, AC-10, undi I uted CSS-1 H, or a si mi I ar product as approved by the engi neer. 6.10 EMULSIFIED ASPHALT SEALER AI I HMAC surface courses shal I be sprayed wi th an emul sifi ed asphalt sec er consi sti ng of a 15/85 mi xture of CSS-1 H, or 20/80 SS- 1,1 i qui d ani oni c asphal t and di sti I I ed water. The emulsified asphal t seal er shal I be appi i ed after the H M AC surface has cool ed to bel ow 70 degrees F, and shal I be appi i ed at a rate of 0.10 to 0.12 gal I ons per square yard of surface: RELEASE AGENTS Di esel wi I I not be used as a ref ease agent. Onl y approved agents (such as BI ack M agi c or equival ent) wi I I be used. Di esel wi I I not be permi tted to be used on any tool s or machi nery that comes i nto contact with the HMAC. 26 6.12SAMPLING OF HMAC When sampl i ng of mi x for testi ng purposes, the a ty of L ubbock representati ve wi I I determi ne when the sampl e i s taken and wi I I spl i t the sampl a wi th the contractor (at thei r request). A " Referee" sampl a wi I I be taken at the same ti me and hd d at the a ty laboratory until ail test results are completed. If the contractor results differ from the city' s results by more than the amount outl i ned i n secti on 6.7 then the referee wi I I be uti I i zed and it wi I I be run at an i ndependent I aboratory at the expense of the contractor, at whi ch ti me al I tests are f i nal . I f the contractor does not run qual i ty control sampl es then no referee wi I I be uti I i zed and the Ci ty of L ubbock test resul is wi I I be fi nal . Storm sewer shal I i nd ude i nstal Iati on of pi pe; manhol es, i nlet structures and outlet structures. Contractor shal I use onl y materi al s, tool s, methods, and equi pment consi dered standard by the pi pel i ne construction i ndustry, and approved by the Engi neer. Grade and hori zontal al i gnment shal I be mai ntai ned usi ng a I aser or batter boards. REINFORCED CONCRETE PIPE Storm sewer shai I be constructed usi ng reinforced concrete pi pe, either precast or cast i n place. The pi pe shai I conform to the requirements of AASHTO M -170 or ASTM C-76. R pe shal I be Cl ass I I I unl ess otherwi se noted on pl an sheets. M ortar shai I be used for caul ki ng and fi I I i ng between pi pe and drai nage structures. M ortar shal I be composed of 1 part, by vol ume; of Pbrtl and cement and 2 parts of mortar sand. The Portland cement shal I conform to the requirements of ASTM C-150, Type 1. The sand shai I conform to the requirements of ASTM C-144. Hydrated I i me maybe added to the mixture of sand and cement in an amount equal to 15% of the wei ght of cement used. The hydrated I i me shal I meet the requi repents of ASTM C-6. M ortar whi ch has not been used after 45 mi nutes of havi ng water added shal I be discarded. Mortar may not be retempered by having water added. 27 PREFORMED BI TUM I NUS GASKET JOINTS Preformed bi tumi nous gaskets for concrete non -pressure pi pe shal I conform to the requi rements of Fed. Spec. SS-S-00210 (GSA-FSS), and shal I be Rare-Nek or approved equal. Gaskets shal I be i nstal led i n accordance with manufacturer's recommendations and shal I form a water-ti ght j of nt. MANHOLES M anhol a barrel, cone and extensi on secti ons shal I be constructed of precast concrete A plant inspection may be required for production faciI i ty inspection and to review record - keeping for material certification. The manufacturer must provi de certi fi cati on that all materials used for manufacturing meet with thefollowing ASTM Specifications. Aggregates ASTM C-33 Cement ASTM C-150 Sampl i ng Specimens ASTM C-39 Reinforcing ASTM C-185 Sand and Mortar ASTM C-144 Precast concrete secti ons for manhol es shal I conform to ASTM C-478 speci f i cati ons. I Compressive strength test results must verify concrete strengths meet or exceed 4,000 psi. Aggregate shai I be crushed I i mestone and shal I conform to ASTM C-33 specifications. �j Joi nts, excepti ng grade ri ngs, shal I be tongue and groove or an equi vai ent mal a and fernal a type j of nt as approved by the Engi neer. Al I j of nts shal I be effecti vel y j of nted to prevent I eakage and infiltration. All connections between wall secti ons shal I be j of ned -} wi th Conseil Joi nt Seal ant or approved equal to provi de a waterti ght manhol a Thi s seal ant wi I I be provi ded by suppl i er and wi I I be consi dered an essenti al part of each t shi pment. Al I cones and adj usti ng ri ngs shal I mai ntai n a d ear 24' openi ng. Adj usti ng ri ngs shal I be rei nforced with the same percentage of steel as ri sers and tops and wi I I al so meet ASTM C-478 sped f i eati ons. Adj usti ng ri ngs, as wel I as al I precast concrete manhol a products, shall be smooth, uni form i n si ze and di mensi ons, consi scent i n c_ components throughout and free of voids or honeycombs. Al I manhol es shal I be desi gned to withstand H-20 AASHTO Ioadi ng. They shal I al so have I ifti ng hol es that do not protrude through manhol a wal 1; one f ul I i nch of concrete thi dcness must remai n between I i ft hol a and outsi de wal I of manhol e. M anhol a barrel s shal I be assembl ed of precast ri ser section. Ri ser sections and top cone secti ons shal I be pl aced verti cal I y wi th tongues and grooves proper) y keyed. 28 f 9933 7 i i_ � I I nvert channel s shal I be smooth and semi -ci rcul ar i n shape conformi ng to the i nsi de of the adjacent pipesection. Changes in direction of flow shall bemade with asmooth curve of as I arge a radi us as the size of the manhol a wi I I permit. Changes i n si ze and grade of the channels shal I be made gradual I y and evenly. The i nvert channel s may be formed di rectl y i n the concrete of the manhol a base or may be half -pi pe I ai d i n concrete: The fl oor of the manhol a outsi de the channel shal I be smooth and steal I al ope toward the channel not I ess than one i nch per foot, nor more than two i nches per foot. All connections between the riser or base sections and the sewer pipe shal I be j of ned i n 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. Adj Usti ng ri ngs may be used for adjusting the top el evation, except that the total height of the adj usti ng ri ngs shal I not exceed 12 i nches at any manhol a Concrete shal I be pl aced around and under the ri ngs to provi de a seal and seat the ri ng at the proper el evati on. Each manhol a shal I have a mi ni mum of 6 i riches of grade adj ustment. MANHOLE FRAMESAND COVERS M anhol a frames and covers shal I be of good qual i ty gray i ron casti ng and conform to ASTM A-48, havi ng a d ea' openi rig of not I ess than 22 i nches. The casti ng shal I be desi geed with a ful I beari rig ri ng so as to provide a Conti nuous seat between frame and cover. The cover shal I be furni shed with I i fti ng ri ng cast 'i nto the cover i n such manner as to prevent water I eaki ng through. Frame and cover shal I have a wei ght of not I ess than 275 pounds. The manhol a ri ng and cover shal I be Western I ron Works #40 or approved equal. CONSTRUCTION METHODS Al I equi pment necessary and requi red for the proper constructi on of storm sewers, manhol es and cul vents shal I be on the proj ect, i n fi rst-d ass worki ng condi ti on, and approved by the Engi neer before constructi on i s permi tted to start. I f precast concrete pi pe or manhole sections are used, the Contractor shal I provide appropriate hoisting equi pment to hand) a the pi pe or secti ons whi I e unl oadi ng and pl ac ng i t i n i is fi nal posi ti on wi thout damage to the pi pe. The Contractor shall provide hand tampers and pneumatic tampers to obtain the required compacti on of the pi pe bed, the manhol a bed and the badcf i 11, as spec fi ed. EXCAVATION 29 The Contractor shad I do al I excavation to the depth shown on the pl ans. Where rock, or soi I oontai ni ng rocks or gravel, hard pan or other unyi el di ng foundad on mated al i s encountered i n trench excavati on, the pi pe shad I be bedded i n accordance wi th the requi rements of one of the d asses of beddi ng, and the had unyi el di ng mated al shal I be excavated bed ow the el evati on of the bottom of the pi pe or pi pe bel I to a depth of at I east 8 i nches or %2 i nch for each foot of fi I I over the top of the pi pe, whi chever i s greater, but not more than three -fourths the nomi nal di ameter of the pi pe. The cushi on shal I consi st of a fi ne compressive material, such as si Ity day or loam, I ightly compacted, and shaped as requi red for the sped fi ed d ass of beddi ng. The cost of furni shi ng and pl as ng the cushi on mated al shal I be i nd uded i n the bi d pri ce per I i near foot of pi pe i n pl ace. The bottom of the trench shal I be excavated to a hori zontal secti on as far as practi cabl e. Excavated material not requi red or acceptable for backfi I I shall be disposed of by the Contractor as di rested by the Engi neer. Excaval:i on shal I not be carri ed bel ow the requi red depth; but when i t i s, the trench shal I be backf i I I ed at the Contractor' s expense with material approved by the Engineer and compacted to the density of the surrounding earth mated al as determi ned by AASHTO T-180. When directed, unstable soiI shall be removed for thefulI width of the trench and repl aced wi th sand or wi th approved granul ar mated al. The Engi neer shal I determi ne the depth of removal of unstabi a soi I and the amount of backfi I I necessary. The badkf i I I shal I be compacted and shaped to a fi rm but sl i ghtl y yi d di ng oondi ti on to form the bed for the pipe. Grades for pi pe shal I be as shown on the drawi ngs. No changes i n grade wi I I be made unl ess so di rested by the Engi nee-. The mi ni mum width of the trench at the top of the pi pe, when pl aced, shal I be a wi dth whi ch wi I I permi t the proper constructi on of j of nts and compacti on of backfi I I around the pi pe. The si des of the trench shal I be verti cal, unl ess otherwi se approved by the Engi neer. The maxi mum al I owabl a wi dth of the trench shal I not exceed the wi dths shown bel ow unl ess otherwi se approved by the Engi neer. NOMINAL PIPE MINIMUM TRENCH MAXIMUM TRENCH SIZE WIDTH AT SPRINGLINE WIDTH AT TOP OF PIPE _ Less than 18" PipeO.D. + 12" Ripe O.D. + 19' - 18" thru 36' PiipeO.D. + 19' RpeO.D. + 24' 37' thru 60' Pi pe O. D. + 24" Ri pe 0. D. + 39' The wi dth of the trench above the top of the pi pe may be as wi de as necessary for shori ng, brad ng or proper i nstal I ation of the pi pe. E xcavati on i n paved areas shal I be oonfi ned to a mi ni mum practi cal width. The bed for pi pe shal I be so shaped that at I east the I owe- quarter of the pi pe a rcumference shai I be i n conti nuous contact wi th the bottom of the trench. The excavati on for manhol es shal I be essenti al I y the same as that for the pi pi ng. The si des of the excavati on shal I be verti cal uni ess otherwi se approved by the Engi neer. The Contractor shall do such trench bracing, sheathing or shoring necessary to perform and 30 protect the excavation as required for safety and conformance to applicable laws and regul ati ons. The brad ng, sheathi ng, or shori ng shal I not be removed i n one operati on but shal I be done i n successi ve stages to prevent over) oadi ng of the pi pe duri ng backfi I I i ng operati ons. The cost of the brad ng, sheathi ng, or shori ng and the removal of same; shal I be i nd uded i n the unit pri ce bid per foot for the pi pe. Surface water shal I be prevented from enteri ng the excavati on. H eavy equi pment, except for exc avati ng equi pment, shai I not be operated wi thi n 20 feet of the edge of the excavdi on. Excavated meted al s shal I be stodcpi I ed no d oser than 3 feet from the edge of the excavation. PIPE INSTALLATION The Contractor shal I provide the appropri ate tool s and methods to i nsure i nstal I ati on of the pi pe to I i ne and grade, as shown on the drawi ngs. The Contractor's faci I i ti es for I oweri ng precast pi pe i nto the trench shai I be such that nei then the pi pe nor the trench wi I I be damaged or di sturbed. The Engi neer shal I i nspect ai I precast pi pe before i t i s pl aced. Any secti on that i s damaged by handl i ng or i s defecti ve to a degree whi ch i n the opi ni on of the Engi neer wi I I mated al I y affect the functi on and servi ce of the pi pe shai I be rej ected and removed from the job site. I nstal I i ng the precast pi pe i n the fi ni shed trench shal I be started at the I owest poi nt and i s I ai d upgrade. For tongue and groove precast pi pe; the grooved end shal I be I ai d upgrade. The pi pe shal I be f i rml y and accuratel y i nstal I ed to I i ne and grade so that the i nvert wi I I be smooth and uniform. The pi pe shal I be protected from water duri ng pl ad ng and unti I the concrete; i n cast-i n-pl ace pi pq or the mortar, i n the j of nts of precast or cast i n p1 ace pi pe, has thoroughl y set. The contractor shai I provi de temporary di versi ons as necessary to prevent surf ace water fl ow i nto the exc avati on. R pe shal I not be I ai d or i nstal I ed on frozen ground. R pe whi ch i s not true i n al i gnment, or whi ch shows any change i n grade after I ayi ng or i nstal I i ng, shai I be taken up and re-lai d or re-i nstal I ed without extra compensation. M ortar shai I be used for caul ki ng and fi I I i ng between the pi pe and the drai nage structures. M ortar that i s not used wi thi n 45 mi nutes after water has been added shai I be di scarded. Retemperi ng of mortar shal 1 not be permi tted. Ri pe j of nts for precast concrete pi pe shai I be of the tongue and groove type:. The j of nts shd I be of a water ti ght j a nt. Each j of nt shal I be seal ed wi th a preformed bi tumi nous gasket as sped fi ed. The gasket shal I be i nstal I ed as recommended by the pi pe manufacturer. A el d poured concrete bases shai I be at I east 12 i nches thi do and not I ess than 1(one) foot greater di ameter than the outsi de di ameter of the manhol a ri ser secti on. Concrete shal I be CI ass A at a mi ni mum 3000 psi 28 day compressi ve strength. Concrete pi acement shall I 31 conform to ACI and good constructi on practi ces. Concrete shal I be consol i dated and struck -off to a hori zontal surface wi thi n the forms or pouri ng ri ngs. Fi el d poured concrete bases shal I be rei nforced as detai I ed on the PI ans or as shown i n the Standard Detai I s. The manhole shal I be constructed to ASTM C-891 standards. Precast rei nforced concrete bases shal I be of the size and shape detai I ed on the Plans or as shown i n the Standard Detai I s. BACKFILLING Al I trenches and excavati ons shal I be badkfi I I ed as the pi pes and manhol es are i nstal I ed, unless otherwise di rested by the Engi neer. Outside of street ri ght of way the backf111 mated al shal I be sel ected granul ar mated ai from excavati on or borrow; mated al whi ch i s pl aced at the si des of the pi pe and manhol a and 1 foot over the top shal I be mated al which can be readi I y compacted. I t shal I not contai n stones retai ned on a 2-i nch si eve, frozen I umps, chunks of hi ghl y pl anti c d ay, or any other mated ai whi ch i s obj ecti onabl e to the Engi neer. The mated al shal I be moi stened or dri ed, if necessary, to be compacted by the method i n use. Backf i I I mated ai shal I be approved by the Engi neer. The badkfi I I shal I be pl aced i n I oose I ayers not to exceed 6 i riches i n depth al ong each `- si de of the pi pe and manhol e. Sped ai care shal I be taken to secure thorough compacti on under the haunches and at the si des of the pi pe and manhole: Thi s badkf i I I shal I be brought up even) y on each si de of the structure to an el evati on of 1 foot over the top of the pi pe, or such greater el evati on as di rested by the Engi neer. Badkfi I I i ng shal I be done i n a manner as outl i ned i n 3.1 and 4.3 and to avoi d i nj urious top or side pressures on the pi pe and manhol e. Backfi I I shal I be compacted to 95% (mi n.) Standard Proctor Density. Unless otherwise directed by the Engineer or plans, excavati on wi thi n street right of way shal I be badkfi I I ed wi th fl owabl a fi I I mated al (2-sacks of dement per cubi c yard concrete mix) to 1-112 i nches bel ow the asphalt surface. The pi pe shal I be restrai ned so that L duri ng the pour the pi pe shal I not be di spl aced. M ovement of constructi on machi nery over a cul vert, pi pel i ne, or manhol a shal I be at the j Contractor's risk. Any damaged construction shall be removed and replaced at the expense of the Contractor. ij �t ij TRENCH PROTECTION Trench excavati ons not exceedi ng fi ve feet i n depth shaf I be protected i n accordance wi th appi i cabl a OSHA, state, and I ocal requi rements. Trench excavati ons greater than fi ve feet i n depth shel I be protected i n accordance wi th the fol I owi ng sped fi cati ons. Al I work performed under thi s secti on shad I ai so oompl y wi th OSHA Part 1926, Subpart P and ai 1 State and Local codes. The Contractor shal I be responsi bl a for oompl yi ng Wi th al I trench safety requi rements, the requi rements of the sped f i cati ons, drawi ngs and al I appl i cabl e codes. Trench protecti on shad I be performed by forces havi ng at I east two years experi ence wi th si mi I ar types of trench safety systems. The manufacturer of pref abri cated items used i n trench safety systems shad I have at I east two years of experi ence i n fabri cati ng the i tems. The contractor shal I provi de detai I Ed drawi ngs for proposed trench safety systems. The drawi ngs shel I i denti fy where each system i s proposed for use and type of system to be used. Trench Excavations shai I not be started until trench safety systems have been submi fled and approved by the Engineer. I f trench boxes are to be used, the contractor shad I submi t manufacturer's standard data sheet and certi f i cue of compel i ance stating the maximum ai I owabl a depth for the given desi gn pressure for each type of trench box proposed for use I f aiternative systems composed of steel, al umi num, wood or a combi nation of mated al s are proposed, the contractor shal I submi t desi gn data demonstrati ng the abi I i ty of the proposed mated al s to provi de the necessary trench protection. M ateri ats used for trench safety shal I be capabl a of wi thstandi ng i mposed I oads wi thout excessi ve def I ecti ons. M ateri al s shal I be d ean, free of rust, hol es, knots and other defects, and shal I conform to the fol Iowi ng: Steel — Steel shal I be of type and thi dcness as requi red and shel I have a mi ni mum yi el d stress of 36 ksi . Al umi num — Type 6061-T6, thi ckness as requi red. Wood in Contact with Earth — Pressure treated woods. Wood not i n Contact wi th Earth — Soft or hardwood as requi red. 33 FENCES U ni ess otherwi se i ndicated on pl ans, existi ng fences whi ch must be adj usted or rel ocated shal I be reconstructed usi ng the same or equival ent materi al s, height, and constructi on i n the proper I ocati on. The contractor shall remove exi sting fence and either store for reuse or I egal I di spose of the fence materi als, whi chever is appropri ate. New fence construction shal l be i n accordance with specifI cations and detai Is i nd uded on plan sheds. SALVAGE OF ASPHALT PAVI NG AI I sal vage asphalt materi al shal I be broken i nto pieces not more than 11 nch i n si ze and stockpiled at a I ocati on i ndi cased in the plans. Any non-asphal ti c rrderi al s, such as flexible base and soi I , shall be kept separated from the swaged asphalt. Pri or to starti ng work on any proj ect covered by these sped fi cati ons, the contractor shal I submi t a Traff i c Control R an for approval' by the Engi neer. The contractor shal 1, have the sol a responsi bi I ity for provi di ng, i nstal I i ng, movi ng, rep) aci ng, mai ntai ni ng, d eani ng, and removi ng upon comp) eti on of work, all traffi c control devi ces. The Traffi c Control Ran and devi oes shal I be i n comp) i ance wi th the Texas M anual of U ni form Traffi c Control Devi ces (M UTCD) and the 1993 National Cooperati ve H i ghway Research Program Report 350 (NCH RP 350). The Traffi c Control R an approved by the Engi neer shal I be considered the mi ni mum requi rement for the proj ect. The contractor shall provi de addi ti onal devi ces as determi ned to be necessary duri ng the proj ect. I f at any ti me duri ng constructi on the approved pl an does not accompl i sh the intended purpose, due to weather or other condi ti ons affecti ng the safe handl i ng of traffi c, the contractor shal I i mmedi atel y make necessary changes to correct the unsatisfactory conditions. The contractor shal I mai ntai n i ngress and egress to pri vale property at al I ti mes. Al I si gni ng and barri cacti ng shal I be i n pl ace before constructi on operati ons are started and duri ng al I ti mes constructi on i s i n progress. Al I hazards shal I be d earl y marked and adequate) y protected. I f pedestri an wal kways are bl ocked, pedestri an control shal I conform to "Typical Sidewalk and Curb- L ane Cl osure for Pedestrian Control" as i ndi cased i n Texas M UTCD. No separate payment wi I I be made for traffi c control. The requi red pl an and devi oes shal I be condi dered to be subsi di ary to pay items. 34 PROSECUTION OF THE WORK AND WORKING DAYS Duri ng the peri od the contractor i s di recti ng traff i c over the base, the surface shal I be sati sfactori I y mai ntai ned by the use of spri nkl i ng and bl adi ng as requi red, so that no hazard wi I I result. The base -course shal I be mai ntai ned unti I the weari ng surface i s placed thereon. At no ti me duri ng the peri od of oonstructi on shal I dri veways and/or ai I eys be I eft i mpassabl a between the ni ght hours of 6:00 PM to 6:00 AM, except duri ng the constructi on of curb and gutter for whi ch the dri veways and/or al I ey' s shal I remai n dosed not more than 4 days. No work wi I I be perf ormed after dark or before dayl i ght. WORK I NG DAYS DEFT NI TI ON City contracted paving projects wi I I be based on working days al I owed. No requests f or extensi ons of ti me wi I I be oonsi dered. A worki ng day i s deli ned as a cal ender day, not i nd udi ng Saturdays, Sundays, or Ci ty of L ubbodk deli gnated hol i days, i n whi ch weather or other conditions beyond control of the contractor will permit the performance of the pri nci pal uni t of work for a conti nuous peri od of not I ess than 7 hours between 7:00 am and 6:00 pm. Work on Saturdays, Sundays, or Ci ty of L ubbodk deg gnated hol i days must be authori zed by the Engineer (see item 11.3). For each Saturday, Sunday, or City of Lubbock desi gnated hol i day on whi ch the Contractor chooses to work and has authori zati on from the Engi near to work, 1 day wi I I be charged agai nst the contract worki ng ti me when conditi ons wi I I permi t at I east 7 hours of work as descri bed above. Work on Sunday wi I I not be authori zed except i n cases of extreme emergency, as determi ned by the Engi near. Worki ng days wi I I be consi dered to begi n on the effecti ve date stated i n the Noti ce to Proceed, unl ess the contractor i s unabl a to begi n work on that date due to factors beyond his control as determined by the Engi near. I n that event, time charged agai nst the proj ect wi I I begi n on the date the contractor soul d f i rst work a mi ni mum of 7 hours as descri bed above. 35 RETAINING WALL OR CURB ON DRAINAGE CHANNELSAND CURB RAMPS Measurement wi I I be made of the height from bottom of footi ng or slab to top of wall, and I i near feet of wal I or curb actual I y constructed. Retal ni ng wal I or curb wi I I be pai d for at the uni t pri ce bi d per cubi c foot. The uni t pri oe bi d shal I i nd ude f urni shi ng and i nstal I i ng al I materi al s, excavati on, fi I I i ng, badcfi I I i ng, rei nforcement, formi ng, f i ni shi ng, and al I i nci dental necessary to oompl ete the work. CONCRETE MEDIAN M easurement wi I I be made of the area, i n square feet, of medi an actual I y constructed. M edi an wi I I be pai d for at the uni t pri ce bi d per square foot. The uni t pri ce bi d shal I i nd ude f urni shi ng and i nstal I i ng al I materi al s, excavati on, fi I I i ng, rei nforcement, forming, finishing, and ail i ncidental s necessary to comp) ete thework. CONCRETE STREET PAVING M easurement wi I I be made of the area, i n square yards, of concrete street pavi ng actual I y constructed. Concrete street pavi ng wi I I be pai d for at the uni t pri ce bi d per square yard. The uni t pri ce bi d shal I i nd ude furni shi ng and i nstal I i ng al I mated al s, excavaii on, f i I I i ng, badcf i I 1 i ng, rei nforc ement, formi ng, fi ni shi ng, and al I i nci dental s necessary to compl ete the work. Sawi ng and seal i ng of j of nts shal I not be i nd uded and wi I I be pai d for as a separate bi d item. SAWI NG AND SEAL I NG OF JOI NTS I N CONCRETE STREET PAVI NG M easurement wi I I be made of the I i near feet of sawed and seal ed j of nts actual I y constructed. Sawi ng and seal i ng of j oi nts wi I I be pai d for at the uni t pri ce bi d per I i near foot. The uni t pri ce bi d shal I i nd ude f urni shi ng and i nstal I i ng al I materi al s, equi pment, sawi ng, d eani ng, seal components, and al I i nd dental s necessary to compl ete the work. STORM SEWER I NLET BOX AND MANHOLES Storm surer i ni et boxes and manhol es wi I I be pai d for at the uni t pri ce bi d per each. The unit pri ce bid shal I i nd ude f urni shi ng and i nstal I i ng al I materi ai s, excavati on, fi I I i ng (exoept fl owabl a fi I I ), f I oor, connecti on to pi pes, rei nforcernent, f ormi ng, f1 ni shi ng, manhol a ri ngs and covers, and al I i nci dental s necessary to compl ete the work. HEADWALLS Storm sewer headwai I s wi I I be pal d for at the uni t pri oe bi d per each. The unit pri ce bi d shal I i nd ude furni shi ng and i nstal l i ng al I mated ai s, excavati on, f i I I i ng, rei nforcement, formi ng, fi ni shi ng, grates, and al I i nd dental s necessary to comps ete the work. STORM SEWER PIPE M easurement ai ong the centerl i ne of the pi pe wi I I be made of the actual I ength of pi pe constructed, from face of structure to face of structure or to centerl i ne of manhol e; and wi I I be pal d for at the uni t pri oe bi d per 1 i near foot for Storm Sewer. Depth of cut shal I be oonsi dered to be from the top of the adj acent grade stake to the fl owl i ne of the pi pe. The unit price bid shal I i nd ude furni shi ng and i nstal I i ng ai I mated al s, pavement removal, excavati on, fi I I i ng, backfi I I i ng with compacted soi I where appi i cabl e; and al I i ncidental s necessary to compl ete the work. FI owabl a fi I I wi I I be pal d for as a separate pay item. EXTRA VERTICAL FEET OF MANHOLE I The actual constructed manhol a Wi I I be measured f rom the top of the base to the top of the ri ng and cover. Any depth of manhole ®cceedi ng 6 feet i n depth wi I I be paid for at the uni t pri ce bi d for extra verti cal feet of manhol e. The uni t pri ce bi d shal I i nd ude furni shi ng and i nstal I i ng d I materi al s and al I i nd dental s necessary to compl ete the work. M easurement wi I I be made of the I i near feet of curb and gutter actual I y removed. Payment wi I I be made at the unit pri ce bi d per I i near foot of curb and gutter removed. The contractor shai I ensure that the Engi neer has the opportunity to measure the I i near i feet of curb and gutter pri or to removal. I f curb and gutter i s removed wi thout measurement by the Engi veer, no payment wi I I be made for that removal. The unit pri ce bi d shel I i nd ude sawi ng, haul i ng, I abor and equi pment, and I egal di sposal for removal of the curb and gutter. CONCRETE SLAB REMOVAL 39 M easurement wi I I be made of the area i n square feet of concrete sl ab actual I y removed. Payment wi 1 I be made at the uni t pri oe bi d per square foot of concrete sl ab removed. The contractor shal I ensure that the Engineer has the opportunity to measure the area of concrete sl ab pri or to removal. I f concrete sl ab is removed without measurement by the Engi veer, no payment wi I I be made for that removal. The uni t pri oe bi d shal I i nd ude sawi ng, breaki ng, haul i ng, I abor and equi pment, and I egal di sposal for removal of the concrete sl ab. 1-1/2 SACK FLOWABL E FI L L Quentitiesof 1-1/2 sack flowabl efiII will bedetermined from tickets provided by the dri vers of the del i very trucks. Payment wi I I be made at the uni t pri ce bi d per cubi c yard of i n pl ace 1-1 /2 sack fl owabl e f i 11. The uni t pri ce bi d shal I i nd ude furni shi ng and pl aci ng the mated al and ai I i nd dental s necessary to comp) ete the work. ASPHALT PAVING M easurement wi I I be made of the area, i n square yards, of asphal t pavi ng actual I y constructed. Payment wi I I be made at the uni t pri ce bi d per square yard. The uni t pri ce bi d shal I i nd ude furni shi ng and i nstal I i ng ai I material s, subgrade preparati on, constructi on of cal i the or asphal t stabi I i zed base as sped f i ed, excavati on, f i I I i ng, tack and pri me ooats, H M AC surface, emul si on seal, and al I i nci dental s necessary to compi ete the work. ASPHALT PAVING REPAIR M easurement wi I I be made of the area, i n square yards, of i n pl ace asphalt pavi ng repai r. Payment wi I I be made at the uni t pri ce bi d per square yard of pavi ng repel r. The unit L, pri ce bi d shal I i nd ude furni shi ng and pl aci ng al I asphalti c materi al s, sawi ng of e d sti ng pavi ng edges, smoothi ng and preparati on of the exi sti ng base, f I owabl a fi I I if requi red, tack and pri me coats, compaction, and al I i nd dental s necessary to oompl ete the work. t f� II £I EXCAVATION AND GRADING (OUTSIDE L I M I TS OF CONSTRUCTION) Vol ume of excavation or fi 11, in cubi c yards, wi I I be determi ned by average end area method. Payment wi I I be made at the uni t pri ce bi d per cubi c yard of oompl eted excavati on or fi 11. The uni t pri ce bi d shal I i nd ude al I I abor, equi pment, and i nd dental s necessary to excavate or f i I I the si to to the grades establ i shed by the Engi neer. No separate payment wi I I be made for di sposi ng of excess materi al. DITCH GRADI NG AND UNPAVED STREET SURFACE GRADING The vol ume of di tch gradi ng, i n cubi c yards, wi I I be determi ned by average end area method. M easurement wi I I be made of the area, i n square yards, of oompl eted surface gradi ng of unpaved streets. Payment wi I I be made at the unit pri oe bid per cubs c yard of completed ditch grading per cubic yard, or surface grading per square yard. The uni t pri oe bi d shal I i nd ude al I I abor, equi pment, and i nd dental s necessary to grade di tches or surface grade unpaved streets to the grades establ i shed by the Engineer. No separate payment wi I I be made for di sposi ng of excess mated al. STANDARD DETAILS Constructs on shal I be i n accordance wi th the fol I owi ng standard detai I s unl ess otherwi se i ndi cated on pl ans, or di rected by the Engi neer. The 24 i nch curb and gutter detai I s shal I be consi dered to be standard. 30 i nch curb and gutter detai I s shal I appl y onl y if spec fi cal I y i ndi cated on pl ans or bi d documents. STREET CROWN ELEVATIONS PAVEMENT WIDTH FINISHED PAVING SURFACE CURB FACE TO CURB FACE ABOVE GUTTER 22 feet 0.32 feet 24 feet 0.35 feet 26 feet 0.37 feet 28 feet 0.40 feet 30 feet 0.42 feet 32 feet 0.45 feet 36 feet 0.50 feet 42 feet 0.57 feet 46feet 0.62feet 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 41 Al I street pavi ng shal I i ncorporate a centerl i ne crown at the I i sted d evati on unl ess otherwise indicated on plans, or as directed by the Engineer. The widths I i sted above refer to the total proposed future full width of street. 14.1 M I CROSURFACI NG All materials and Construction applicationsshall conform TxDOT Specifications Item# 350.There shal I be no devi ati on f rom these sped fi cati ons unl ess so di rected by the Street Superi ntendent. 14.2 MATERIALS Cationic Polymer-ModifiedAsphaltEmulsion. Provide CSS-1 P in accordance with TxDOT item 300.2.D " Emulsified Asphalt." Mineral Aggregates Provi de a crushed aggregate from a single source meeting the requi rments of fol I owi ng. Furni sh aggregate wi th a mi ni mum TxDot "A" surface dassif i cati on. I nd ude the amount of mi neral fi I I er added to the mix determi ni ng the total mi nus No. 200 si eve aggregate fracti on. Aggregate Gradation Requirement (Washed) Si eve Size Cumulative% Retained 112 Inch 0 318 Inch 0-1 #4 6-14 #8 35-55 #16 54-75 #30 65-85 #50 75-90 #100 82-93 - #200 85-95 Aggregate Quality Magnesium Sulfate Soundness, max. TxDOT test method Tex-411-A 30% (5cyde) Sand equivalent, %, min TxDOT test method Tex-203-F 70%-, M i neral F I I er shal I be free of I umps and forei gn matter c onsisti ng of non-ai r-entrai ned `- cement. Water shal I be potabl a and free of harmful sol ubl a salts. Use approved additi ves 42 as recommended by the emul si on manufacture i n the emul si on mi x or i n any of the component materi alswhen necessary to adjust mix time in the field. 14.3 EQUIPMENT All equipment shal I be keep in good working conditions no leaks. Any equipment that shows si gns of I eaks shal I be fi xed i mmedi atel y, and shal I not be used unti I such I eaks are fi xed. The mi A ng machi ne shal I be a self -propel I ed mi cro-surfaa ng mi xi ng machi ne. I t shal I have sel f-I oadi ng devi ces to promote conti nuous I ayi ng operation. I t shal I have suff i a Ent storage capad ty for mi xture materi al s, i ndi vi dual vol ume or wei ght control s that wi I I proporti on each materi al to be added to the mi xture A water pressure system and noal e-type spray bar i mmedi atel y ahead of the spreader box and capabl a of sprayi ng the roadway for the wi dth of the spreader box. Scal Es used for wei ghi ng materi al s and emul si on must be cal i brated, and meet the requi rements of TxDOT I tern# 520. 14.4 CONSTRUCTION Produce; transport, and place micro surfacing. Ensure that the fi ni shed surface has a uniform texture and the micro surface mat i s ful I y adhered to the eci sti ng road surface All materials that are to be stockpi I ed shal I be protected from dust and other contami nation. M i neral f i l l er shal I be stored i n a manner that wi I I keep it dry and free from contami nati on. Al I asphal t materi al s shal I be kept free from contami nati on. M i cro-Surfaci ng shal I not be pi aced unti I the ai r temperature i s at I east 50 degrees F and ri si ng as determi ned by the-Nati onal Weather Servi ce conti nuous broadcast, 748-1071 sell ec ti on 2. The pl acernent of M i c ro-Surfaci ng shal I be stopped when the ai r temperature is 60 degrees F and f al I i ng, or when impending weather is approaching. No M i cro- Surfaci ng shal I be pl aced unti I the surface of the road way i s at I east 50 degrees F. The exi sti ng road surface shal I be thoroughl y d can and free of al I vegetati on, I oose aggregate; and soi I . Remove existing raised pavement markers, and any thermopl asti c type marki ng. When existing surface conditions require; provide a water spray i mmedi ately ahead of the spreader box. Appl y water at a rate that dampen the enti re surface wi thout any free-fl owi ng water ahead of the spreader box. The pl ad ng of the mi cro-surface shal I be spread uniform) y at a rate of no I ess than 23 pounds per square yard and no more than 30 pounds per square yard, and shal I mai ntai n a proper al i gnment. The spreader box shal I be keep d can to mi ni mi ze d umps. Set and mai ntai n the skis on the spreader box as to prevent chatter in the f i ni shed mat. Adjust the rear seal to provi de the desi red spread. Adj ust the secondary stri ke-off to provi de the desi red surface texture. The f i ni shed mat shd I be kept protected from traff i c unti I i t has cured and traffi c wi I I not harm it. Adj ustments shal I be made to the mixture to al low rol I i ng traff i c back on the surface i n 1 hour. Other I oc;ati ons wi th turni ng traff i c shall be protected for I onger peril ods of ti me __ 43 r 14.5 FINISHED SURFACE The fi ni shed surface shal I be uniformed i n texture and free from excessi ve scratch marks, tears, and other surface irregularities. All scratch marks, tears, and other surface i rregul ari ti es shal I be fi xed by the contractor at no addi ti onal cost to the City of L ubbock. All I ongi tudi nal j of nts shal I be pl aced on [we I i nes unless otherwise directed by the Street Superi ntendent. Al I j of nts shel I be uniform i n appearance and shal I match when pl aced agai nst another j of nt. Edges shoul d be uniform and neat i n appearance; Al I ruts, uti I i ty cuts, and depressi ons i n the surface shal I be f i I I ed i n a separate pass from thefi nal PaM 14.6 HOURSOF OPERATION Operating hours wi I I be Monday through Saturday as outl i ned in section 12.1 of these specifications unless other wi se di rected by the Street Superintendent. Night work wi l I be permitted only on our major thoroughfares and shall conform to the fol I owi ng. M aj or Thoroughfares 7PM to 7AM Residential Areas 7AM to 7PM 15.1 ASPHALT REJUVENATOR The contractor shal I f urni sh al I I abor, mated al, and equi pment necessary to perform ad I operati ons for the appl i cati on of an asphal t rej uvenati ng agent to asphad ti c surfaces at various locations. The list of street names selected for application shall be provided by the Street Superintendent. 15.2 MATERIALS The asphad t-rej uvenati ng agent shad I be an emul si on composed of a petrol eum resi n base uniformly emulsified with water. The asphal t rejuvenating emulsion shall conform to the foi I owi ng physi cad and chemi cal requi rements. TEST TEST M ETHOD AASHTO min. REQUI RM ENTS Min. Max. 44 Lj t_ Test on Emul si on: V i soosi ty @ 25 ° C SFS, Residue% W Miscibility Test Si eve Test Particl a Charge Test Percent Light Transmittance D• •4 mod. • nwi D-244 mod T-59 mod D-244 mod T-59 mod D-244 T-59 D-244 mod T-59 mod GB GB Test on Res! due from Distillation Flash Poi nt, COC 0 deg Viscosity @ 60 ° C, CST Asphaltenes, %w MaiteneDist. Ratio PUS Ratio Saturated hydrocarbons 15 40 60 65 No coagulation 0.1 Positive 30 D-92 T-48 196 D-445 - 100 200 D-2006-70 - - 1.00 D-2006-70 - 0.3 0.6 D-2006-70 0.5 - D-2006-70 21 28 The rej uvenati ng agent shal I have a record of at I east f i ve years of sati sfactory servi oe as asphal t ro uvenati ng agent and i n-depth seal er. Sati sfactory servi ce shall be based on the capabi I ity of the material to decrease the vi scosi ty and i ncrease the penetrati on val ue of the asphai t bi nder as fol I ows. The A soosi ty shal I be reduced by a mi ni mum of 45 percent, and the penetration val ue shal I be i ncreased by a mi ni mum of 25 percent. Test data shal I be performed on extracted asphalt cement from a pavement to a depth of three ei ghths of an i nch (3/8). 1 n addi ti on, the pavement shal I be i n-depth seal ed to the i ntrusi on of air and water. 15.3 EQUI PM ENT All equipment shall be keep in good working conditions no leaks. Any equipment that shows si gns of I eaks steal l be fi xed i mmedi atel y, and shal I not be used unti I such I eaks are fi xed. The di stri butor for spreadi ng the emul si on shal I b self -propel I ed, and shal I have pneumati c ti res. The di stri butor shal I be desi gned and equi pped to di stri bute the asphalt rej uvenati ng agent uni forml y on vari abl a wi dths of surface at read! I y determi ned and controlled rates from 0.05 to 0.5 gallons per square yard of surface, and with an al I owabl a vari ati on from any spedfi ed rate not exceed 5 percent of the sped fied rate: The di stri butor shal I be equi pped wi th the fol I owi ng ful I a rcul ati on spray bars, pump tachometer, vol ume measuri ng devi ce, and a hand hose attachment sui tabi a for appl i cad on of the emul si on manual I y to cover areas i naccessi bl a to the di stri butor. The appl i cati on rate accuracy as wel I as the uni formi ty of di stri buti on shal I be checked as deemed necessary by the Street %peri ntendent. The truck used for Sandi ng shal I be M equi pped with a spreader that al lows the sand to be uniformly di stri buted onto the pavement. The spreader shal I be abl a to appl y 1 /2 pound to 3 pounds of sand per square yard i n a si ngl a pass. The sand used shal I be free f I owi ng; free of debris (I eaves, di rt, stones, etc.) any wet sand shal I be rejected from the job site 15.4 APPLICATION The asphal t-rej uvenati ng agent shal I be appl i ed by a di stri butor truck at the temperature recommended by the manufacturer and at the pressure required for the proper di stri buti on. The emul si on shal I be appl i ed so that uniform di stri buti on i s obtai ned at al I poi nts of the areas treated. Areas inadvertently missed shall receive additional treatment. Appl i cati on of asphal t rej uvenati ng agent shal I be on one-hal f wi dth of the pavement at a ti me. When the second hal f of the surface i s trued, the di stri butor nozzl a nearest the cent of the road shal I overl ap the previous appl i cati on by at I east one-half the wi dth of the noal a spray. I n any event the centerl i ne oonstructi on j of nt of the pavement shal I be trued i n both appl i cati on passes of the di stri butor truck. The asphalt-rej uvenati ng agent shal I be bl ended with water at the rate of two (2) parts rej uvenati ng agent to one (1) part water, by vol ume or as sped f i ed by the manufacturer. The combi ned mi xture of asphal t ro uvenati ng agent and water shal I be spread at the rate of 0.05 to 0.10 gal I ons per square yard, or as approved by the Street Superintendent. After the street has been treated, the area wi thi n one foot of the curb I i ne on both si des of the road shal I recei ve an addi ti onal treatment of the asphal t rej uvenati ng agent. The treatment shal I be uniform) y appi i ed by a method aoceptabl a to the Street %peri ntendent. After the ro uvenati ng agent has penetrated the surface, a coating of dry sand shal I be appl i ed to the surface to protect the travel i ng publ i c. The asphal t-ro uvenati ng agent shal I not be pl aced when the ambi ent temperature i s below 40 degrees F as determined by the National Weather Service continuous broadcast,' 748-1071 sel ecti on 2. The asphal t-rej uvenati ng agent shal I be appi i ed onl y when the _ Exi sti ng surface to be treated i s thoroughl y dry and when i t i s not threateni ng to rai n. 15.5 CLEAN UP The contractor shal I be responsi bl a for sweepi ng and d eani ng of the streets pri or to, and k after treatment when requi red. Pri or to treatment, the street wi I I be d eaded of al I debri s (di rt, I eaves, forei gn materi al s, etc.) Thi s work shal I be accompi i shed by broomi ng, power bl owi ng, or other approved methods. Al I sand used duri ng the treatment must be removed no I ater than 48 hours after treatment of the street. Thi s shal I be accompi i shed by mechani cal sweepi ng. Al I turnouts, cul-de-sacs, etc. must be d enned of any materi al to the sati sfacti on of the Street Superi ntendent. I f the d eanup up process fal I s behi nd or the d eanup i s not sati sfactory to the Street Superi ntendent the appi i cati on process wi I I be hal ted unti I the sweepi ng crew has ought up, or unti I the street and surroundi ng ri ght of way has been d eaned. Street sweepi ng and d can up shal I be i nd uded i n the pri ce per square yard for the asphalt-rej uvenati ng agent. 46 i_ 15.6 M EASURM ENT AND PAYMENT Asphal t rej uvenati ng agent wi I I be measured by the square yard as provided for i n the contract documents. The accepted quanti ti es, measured as provided for above, wi I I be paid for at the contract unit price for asphalt rejuvenating agent. Asphalt rejuvenating agent shell be pai d for per square yard, which shall be f ul I compensation for furnishing all materials, equipment, labor and i nci dental s to complete the work as specifi ed and required. 47 Furnish and Install THERMOPLASTIC MARKING MATERIALS CITY OF LUBBOCK Material and Installation Specifications The City of Lubbock will receive bids for Type I, Thermoplastic Pavement Marking Materials and Installation as described by the State of Texas in 2004 "Standard Specifications for Construction of Highways, Streets and Bridges". Item 666 Reflectorized Pavement Markings, Item 677 Eliminating Existing Pavement Markings, Item 678 Pavement Surface Preparation for Markings, Item 672 Raised Pavement Markers materials used must comply with Texas Department of Transportation, Departmental Materials Specification Sheets DMS — 8220 Thermo, DMS — 4200 RPM, DMS — 8240 Pre - Form, DMS — 8290 Beads. This requirement is for four -inch (4"), eight -inch (8") lane lines. This will include, Type I markings minimum thickness shall be 0.100 inches (100 mil) for edge line markings that include any markings next to medians and 0.100 inches (100 mil) for lane line, gore and center-line/no-passing barrier -line markings. This will also include both solid and dashed white and yellow lines, as required by the City of Lubbock and called for by the City of Lubbock Traffic Engineering Department Head . Type I marking minimum thickness shall be 0.125 inches (125 mil) Twenty-four inch (24") Continental crosswalks or 0.125 inches (125 mil) Twelve inch (12") Transverse crosswalks and Twenty-four inch (24") Stop Lines or Gore Lines shall be installed. All areas may or may not be previously painted or marked by the City for the proper patterns. All streets should be tabbed. Pre -marking will be required to adjust for bike lane changes. The proportion of yellow to white will depend on the layout being marked. The standard City of Lubbock layout consisting of two solid yellow lines, two dashed yellow lines and two or four dashed white lane lines can be expected. Raised pavement markers on concrete are required to be installed with epoxy adhesive. Furnish and Install THERMOPLASTIC MARKING MATERIALS Estimated quantities are not guaranteed: Estimated Quantity (feet) Or (each) Description .125 mil White 12" Transverse crosswalk .125 mil White 24" Stop Line & Xing .125 mil Yellow Solid 24" Gore Lines R or L Turn Arrow Pavement Markings Railroad Xing not including stop bars 4" Surface Preparation on Concrete 8" Surface Preparation on Concrete 12" Surface Preparation on Concrete 24" Surface Preparation on Concrete Arrow Elimination and Surface Prep Type II A -A raised pavement marker Type I I W-R raised pavement marker Type I W-C raised pavement marker DOT - rabbit tracks 6" Ceramic Type II A -A RPM 40" Pre -Form Handicap pavement markings Material is to be applied throughout a 4-month period starting from the date of selection by the City. The contractor will have a minimum of 5 days and a maximum of 15 days after sealcoat on a section of roadway to start Pavement Markings installation. The contractor shall complete Pavement Markings installation within fourteen (14) acceptable working days of that section of roadway. Any extension on time must be approved by the Engineer or his representative. Type I pavement markings shall meet all requirements of Item 666 of the 2004 State of Texas "Standard Specifications for Construction of Highways, Streets and Bridges", for a minimum of 30 calendar days after installation. Pavement Markings that fail to meet all requirements of this specification shall be removed and repla ced by the Contractor at the Contractor's expense. The Contractor shall replace all pavement markings failing the requirements of this specification within 30 calendar days following notification by the City of Lubbock Traffic Engineering Department Head of such failing. All replacement markings shall also meet all requirements of this specification for a minimum of 30 calendar days after installation. The work performed and materials furnished in accordance with all requirements of this specification will be paid for at the unit price bid for "Thermoplastic Marking Materials" of the various types, colors, shapes, sizes, widths, and thickness (Type I markings) pavement markings specified. This price shall be full com pensation for furnishing all materials; for application of pavement markings; and for all other labor, tools, equipment 2 Furnish and Install THERMOPLASTIC MARKING MATERIALS and incidentals necessary to complete the work on CONCR ETE or ASPHALT roadways as required. Elimination City of Lubbock Traffic Engineering Department Approved by Sharmon Owens Interim City Traffic Engineering Department Head 3