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HomeMy WebLinkAboutResolution - 2008-R0438 - Contract - Ronnie Zahn Paving Inc.- Concrete Repairs For Seal Coat Project - 11/20/2008Resolution No. 2008-80438 November 20, 2008 Item No. 5.7 RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock is hereby authorized and directed to execute for and on behalf of the City of Lubbock a Unit Price Construction Contract with Ronnie Zahn Paving, Inc., of Lubbock, Texas, for concrete repairs for the 2009 seal coat project per RFP #08 -738 -BM, 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 20th day of ATTEST. Reb , ca Garza, City Secrrt;ary November ,2008. TOM MARTIN, MAYOR AP VED AS TO LATENT: 1V am Loomis s stant City Manager/Transportation and Public Works APPROVED AS T FORM: Don Vandiver, City Attorney DDreslzahnPav ingUPConstConO8 Ties November 10. 2008 CITY OF LUBBOCK SPECIFICATIONS FOR Concrete Repairs for the 2009 Seal Coat Project RFP # 08-738-BM Contract # 8702 Plans & Specifications may be obtained from THE REPRODUCTION COMPANY http://pr.thereproductioncompany.com/ Phone: (806) 763-7770 "A City of Planned Progress " CITY OF LUBBOCK Lubbock, Texas RFP # 08-738-BM, Addendum it I 1 a City of Lubbock PUBLIC WORKS CONTRACTING OFFICE ROOM 204, MUNICIPAL BUILDING 1625 13TH STREET LUBBOCK, TEXAS 79401 PH: (806)775-2163 FAX: (806)775-2164 http://purchasing.ci.lubbock.tx.us DATE ISSUED: CLOSE DATE: ADDENDUM # 1 RFP # 08-738-BM CONCRETE REPAIRS FOR THE 2009 SEAL COAT PROJECT October 20, 2008 October 29, 2008 @ 1:00 P.M. The following items take precedence over specifications for the above named Request for Proposals (RFP). Where any item called for in the RFP documents is supplemented here, the original requirements, not affected by this addendum, shall remain in effect. 1. REPLACE Specifications with the attached, which includes Sections 6.2 through 16.1. 2. ADD the following to the end of the page entitled Concrete Replacement Locations Continued: LOCATION FILLETS VALLEY SQUARE RAMPS CURB HOT MIX GUTTER YARDS S.Y. MLK and Canyon Lakes DR No 10 Panels 175 No 0 0 Concrete Intersection All requests for additional information or clarification must be submitted in writing and directed to: Bruce MacNair, Public Works Contracting Officer, City of Lubbock, P.O. Box 2000, Lubbock, Texas 79457. Questions may be faxed to (806)775-2164 or Email to bmacnair(a.mylubbock.us . THANK YOU, CITY OF LUBBOCK vmee atG*ret: Bruce MacNair Public Works Contracting Officer It is the intent and purpose of the City of Lubbock that this request permits competitive proposals. It shall be the offeror's —sponsibi! t to advise the (amity of Lubbock Public Works Contracting Officer if any language requirements etc., or any combinations thereof, inadvertently restricts or limits the requirements stated in this RFP to a single source. Such notification must be submitted in writing and must be received by the Public Works Contracting Officer no later than five (5) business days prior to the proposal close date. A review of such notifications will be made. l RFP # 08-738-BM-AdI CITY OF LUBBOCK STREET DEPARTMENT STANDARD PAVING SPECIFICATIONS 1.1 GENERAL t The construction and materials for any City of Lubbock Street Department 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 Street Superintendent may require certificates from manufacturers certitving that materials or equipment to be incorporated into the work meet these specifications. Material Safety Data Sheets (IvISDS) shall be required on ail materials. All materials or equipment shall be subject to approval by the Street Superintendent before being incorporated into any project. After approval, the source and,'or character of materials shall not be changed without written authorization by the Street Superintendent. The term Street Superintendent used in these specifications may refer to the City of Lubbock Street Superintendent or an individual designated by the Street Superintendent to administer these specifications and associated plans. I.T. SPECIFICATIONS Any references to these specifications, ASTM, AASiITO, TXDOT, or other designated tests, procedures, quality standards, or requirements which are included in these specifications or any associated plans shall be the latest edition and revision thereof. When information indicated (in plan sheets is different from these specifications, the information on the plans shall govern. 1.3 WARRANTY AND ACCEPTANCE Aft 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 Street Superintendent, a Maintenance Bond t.vhich 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 tram 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 Street Superintendent. 1.4 i"ESTING AND INSIIF,CTION All work shall he inspected and:'or tested by it representative designated by the Street Superintendent, who shall ha'e the authority to halt construction whin, in his opinion, construction is being pertbimed contrary to these specifications or associates! plan,. Whenever any portion of these specifications or associated plans is violated, the Street Superintendent may order that portion of construction that is in violation to cease :until such violation is corrected. Contrintfrt Chart mrnperate_ with the Street Superintendent in tnroviding inr--ipintu ;t—i mrtEnn nrnrnr{,:r,•c In th. 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 Street Superintendent to detennine the compliance of the material or construction in question. "I he 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 contreurrs responsibility to comply with the specifications. With respect to new material sources, or where the City lab has determined materials do not meet specilications, the City will not re -test until the contractor has provided his own testing to demonstrate the materials and consmuction 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" f After any construction covered by these specifications is completed, the Contractor shalt remove all equipment, surplus materials, and rubbish from the site. The contractor shall restore all disturbed areas to their original condition satisfactory to the Street Superintendent. 1.6 NOTIFICATION OF PROPERTY OWNERS The contractor shall be responsible for maintaining positive communication with adjacent property owners. The contractor shall notify all affected property owners with respect to pending construction, restricted access, and driveway locations. 1.7 Pi20TECTION OF I1THATIES 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 J 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 tines, 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 Street Superintendent prior to being covered. 1.8 WATER FOR CONSTRUCTiON The City will not furnish water at no charge for construction. To use City water for construction the contractor shall acquire a water meter for use on a City fire hydrant, and will be charged the applicable rate for the quantity ofwatcr used. The contractor shall contact Lubbock Power and Light Customer Service Department (775-2509) and establish it 4 utility accctrnt. 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 eater Department at 600 Municipal Drive. Fire hydrant; shall be operated only by use an approved fire hydrant wrench_ No pipe trenches, or ot[ier unapproved devices, shall be used to open and close a fire hydrant. 1 For top loading trucks or containers the contractor shall provide a back flow prevention assembly on the discharge side of the meter. The backtlow prevention assentbh. shalt be in the form of two spring loaded ball 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 backilow prevention assembly. All Reduced Pressure Zone type back flow prevention assemblies mint 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 Backtlow, Prevention", the City representatives are authorized to suspend water use from a fire hydtnnt by a contractor until the proper and correct back Flow prevention devices are installed. 2.1 CONCRETE These specifications shall govern Portland cement concrete used for curb and gutter, valley gutters, alley paving, sidewalks, street paving, drainage channels. The concrete shall be produced at a Rcady-Mix Concrete Batch Plant conforming to AST'�l C 94. The concrete; shall be transported to the project location in approved Revolving Drum Agitator'l-rucks, 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 he 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 Street Superintendent. All concrete shall have 5°;,, plus or minus I-1,2%, air entrainment in conformance with ASTM C 260. All concrete street pavement shall include proper jointing as determined by the Street Superintendent and it minimum reinforcement of number 5 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, aggregmes, water, and admixtures. 2.2 CLASSIFICATION The following City of Lubbock classes of concrete shall be used: Class A Curb and gutter, sidewalks, curb ramps. drainage channels, medians, inlet boxes, headwalls, junction boxes, driveways, and retaining walls. Class B Alley returns and alley paving. Class C Concrete street pavement, valley gutters and fillet areas. Class D Utility encasements Class l Fast setting concrete pavement such as ''Fast Track" Concrete Pavement or, other special design, rI L 2.3 DIIX DFSIGti .I'wenty to thirty days prior to beginning any concrete construction the contractor shall submit the following to the Scree--t Superintendent for approval: 1. Test certificates from an approved commercial testing laboratory on all proposed aggregate. Certificates shall indicate material source, gradation, and loss from 5 cycle Magnesium Sulfate or Sodium Sulfate test (not to exceed 18%) 2, A mix design based on water -cement ratio. 3. Results of compression tests in conformance with ASTM C 39 andior 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 Street Superintendent 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 er CY _M Water ner Sack _ inches A 5.0 6.5 5 i3 5.5 5.5 5 C 6.0 6.0 3 D 4.5 6.5 5 E 7.0 5.0 As specified by concrete batch plant 2.4 STRENGTH REQUIREMENTS The various classes of concrete shall conform to the following minimum strengths in psi as determined by the average of two test cylinders or beams. if cores are subsequently used to prove compressive strength where test cylinders indicate failures, the required compressive strength shall be increased by 10%. COMPRESSIVE FLEXURAL Dpy 7 Day A - 2100 3000 13 2500 3000 - C - 2500 3600 600 (29 day) D - - 2500 - E 3000 psi at 24 hours 2.5 CEMENT Cement shall be Type 1, Type 11, Type III, or Type V cements, confotrning to ASTM C M —Standard Specification for Portland Cement". Air entrained cement shall be Type IA, Type 11A, Type iIIA, or Type VA conforming to AS'I of C 175 "Specification for Adding Air Entraining to Portland Cement" and ASTM C 226 "Standard Specification for Air-Fntraining Portland Cement". 2.6 AGGREGATE Concrete aggregate shall consist of natural, washed and screened sand, and washed and screened gravel or clean r._ crushed stone conforming to ASTM C 33. 4 1 j The aggregates shall be well graded from coarse to fine with a inaxiniunn size of I-1%2 inches, and shall conform to ASTM C 136. All aggregate shall be free of injurious amounts ol'clay, soft or flaky materials, loani, or organic impurities. Pine aggregate shall be graded from tine to coarse and shall conform to ASTM C 136. The gradation for aeg,regate shill nice( the iollo\iirg requirements by \\eight: FINE AQ Ri (iA'FE COARSE AGGREGATE Sieve Percent Retained Sieve Percent Retained 3r8 inch t} 1-34 inch 0 No. 4 0-5 1-I,'2 inch 0-5 No. 16 20-55 3'Ainch 30-65 No. 30 45-75 IS inch 70-90 No. 50 70-90 No. 4 95-100 No_ 100 99-100 Ltaxirnum amounts of organic impurities shall conform to ASTM C 40 and ASTM C 87. Maximum amounts of impurities finer than the , 200 sieve shall conform to ASTM C 117. Maximum amounts of soft particles shall conform to ASTM C 123. Maximum amounts of friable particles shall conform to ASTM C 142. Stockpiles shall be protected from dusty conditions by drift fences or other methods approved by the Street Superintendent. Stockpiling methods used shall not allow aggregate to roll down the slope as it is added to existing stockpiles. Stockpiles shall be built in layers of uniform thickness. Equipment shall not he permitted to operate over the same lift repeatedly. 2.7 FLOWABLE FILL Flowable fill shall consist of a concrete mixture of pca gravel and sand with a cement content of 1-1,2 sacks per cubic yard. Flowable fill shall be used for backfill in all utility ditches within die right of way, and ether areas as specified. Utility ditches in existing paved streets shall be backlilled with Plowable fill fi•oni the bottom of the ditch to the paving surface. Use of concrete in place of towable fill is not acceptable, and if used in place of towable fill shall be removed by the contractor. 2.8 WATER Water shall be clean, clear, tree from oil, acid or organic matter and tree from injurious amounts of alkali, salts, or other chemicals and shall conform to AASHTO T26. 2.9 ADMIXTURES Admixtures may be applied to the concrete mix design when approved by the Street Superintendent to achieve any desired special properties. Chemical admixtures shall conlorin to AST A C 4194. Chemical admixtures shall not he used -as_a substitute for Cement. Numeral admixtures such as Fly Ash and Natural Poilolans in conformance with ASTM C 618 ina_v not be used with 1'\pes 1, 11, ill. and V Portland Cement unless S^Ccificail5 appr3ive ;the Slreci,5i.fgcrinterdcriE. It approved only Class C or Class F fly ash may be used. St. A.... tt.. ,,.6 .,-..r...t .., t-....... a .. u..n ..r aou .n tie ue u:cu tU trc uYcu, �.utcnc i;t re klt ii7ii tCi i1i(x Ue51sf1 5nii7� Dl' ile{Uiell aS-'%tinf'1A phis fi\- 3sn", Fly ash may constitute no more than 15% by absolute volutme of the ceinent as approved by the Street Superintendent. 1 2.[0 t2E11tiFORCIrG 4iATF.R1AUS GEN I RAL -All concrete, except for curb and gutter, shall incorporate wire mesh or fiber reinforcement, an%Vor other reinforcement as indicated on plan sheets. Metal reinforcement shall be grade 40 (40KS1) unless indicated otherwise on plan sheets. All steel reinforcing materials shall be securely held in proper position with devices appropriate to the type of reinforcement used, subject to approval by the Street Superintendent. STr-, L -Wire mesh shall conform to AST A 135, and shalt be Vx 6"-10 gauge welded wire fabric, or sire as indicated on plan sheets. Reinforcing bars shall be open-hearth basic oxygen or electric furnace new billet steel manufactured in accordance with ASTIvf A 615 and AsTM A 305. Steel reinforcing materials stored at any location shall be protected from accumulations of grease, mud or other foreign matter, and rust producing materials. When incorporated into construction, steel reinforcement shall be free from rust, scale, oil, mud, and structural defects. I)o%vels for slip joints shall be smooth plain round bars free from burrs, rough surfaces, and deformations. Sleeves or tamppino 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 L"ngineer. 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. 'I'he 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 0.41 Tensile Strength 70,000 psi to 1 10,000 psi Lcngth 3 A '> 2.11 JOINTS Curb and gutter (Class A concrete)shall be constructed with an expansion joint at the tangent point of each return at intersections and at intervals not more than 40 feet between the intersections. The 40 foot intervals may be omitted for machine placed curb and gutter. Construction joints formed by removable metal templates accurately shaped to the cross-section of the curb and gutter shall be located at the midpoint of each section between expansion joints, or as directed by the Street Superintendent. Tooled contraction joints, cut at least one quarter the concrete depth, :hall be placed at 10 foot intervals. Alley paving (Class H concrete) shall be constructed with an expansion joint at each cold joint. fooled contraction joints, cut 3.41 inch wide 1-51 inch deep, shall be placed at 13 foot intervals. Alley paving contraction joints shall be scaled with an asphaltic sealer. Street paving (Class C or F concrete) shall be constructed with contraction and expansion joints as indicated on plan and detail sheets. Unless otherwise specified, the joints shall be sawed V2 inch wide and to depth equal to IA of the pa ecnent thickness plus one haff inch. Joints shall be saw cut within 12 hours of placement of the concrete paving. fhe Joints shall be scaled with all clastomeric system m specified in section 2.12. Vallev _utters acid fillets shall he constructed with tooled construction joints. The joints shall be sealed with an elastomeric system as indicated in section 2.12. 1 t: 2,1 2 JOINT SEALING MATERIALS Bituminous premolded expansion joint material shall conform to As,rM 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. 1 eadows "SOF-SEAL.", W.R. Meadows is 158 cold applied, or" GARDOV as required by plan sheets. Riot poured sealant for joints between Portland cement concrete and Bituminous concrete shall confonn to ASTM D 3405. }lot poured joint sealant for all other joints in Portland cement concrete pavement, shall conform to ASTNI D 3406. Cold poured joint sealant shall coalbrin to AST ;M 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 temmperature extremes typical of local conditions. Backer rod used with clastomeric 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 he approximately 25% shrinkage at 8 psi applied stress. The material shall not melt, shrink, evaporate, or absorb water, and shall be compatible with the application of the sealant to be used. 2.13 CURING COMPOUNDS All fi"esh concrete surfaces shall be completely covered with a liquid membrane forming curing compound and the application shall conform to DNIS - 4650 and TxDOT Item "Concrete Structures - Curing Materials." No tither methods of moisture retention on li"esh concrete shall be used unless specifically approved by the Street Superintendent. 2.14 FORMS FOR CONCRETE Forms for concrete construction shall be set to the lines and grades established by the Street Superintendent after subgrade has been prepared. The fortes 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 shalt be cleaned and oiled prior to placing concrete. Face forms and construction joints (removable metal plates) shall be set to hold the concrete in place until it is to be finished. Forms that are warped or damaged in any manner so as to make them unacceptable to the Street Superintendent shall not be used. Forms for radii shall be set in the same manner as straight forms, and shall be set to produce curves true to the plants. Face forms will not be required for curb and gutter on radii if a true section can be obtained by other methods acceptable to the Street Superintendent. 2.15 PL.ACIING AND FINISHING CONCRETE Placing of concrete shall not start before sunrise, and shall aop one hour before sunset Concrete shall be placed as close to its proper location as practical. Sufficient concrete shall be placed to allow for shrinkage and extra material for finishing. The concrete shall be floated and troweled to the approximate section. No water shall be added during placement or finishing of any conercte, unless specifically authorized by the Street Supcirintend-cm. ii d iiitCr ri:iiii_ai 1if fiicc (firm, niid fiiiiyftrn1, shall be starwd of ci" 5 ft�i tial silt occurs. for all concretle construction approved forms, templates, and tools shall be used to form the cross -sections indicated oil plan or detail sheets. r� Concrete shall not be placed when the ambient temperature is below 40 degrees F as determined by the National Weather Service continuous broadcast, 748-1071, selection 2. Concrete shall not be placed on frozen subgrade. The contractor shall have available sufficient covering material, approved by the Engineer. to immediately protect concrete should the air temperature fall below 33 degrees F. This protection shall remain in place as long as the temperature continues below 32 degrees, to a maximum of 5 days. No salt or other chemical admixtures shall be added to the concrete to prevent freezing. All concrete placed for pavement shall be consolidated by use of mechanical vibrators approved by the Street Superintendent and designed to vibrate the concrete internally. Vibrators shalt be operated in a manner not to interfere with joints, and shall not come in contact with forms. The surface of concrete street paving shall incorporate a heavy broom finish, or tined finish if indicated on plans. All other concrete surfaces shall be completed with a light broom finish. Finished concrete surfaces shall not have irregularities in excess of 1;8 inch when tested with a 10 foot straightedge. Prior to acceptance, the contractor shall apply sufficient water to all concrete and paving to determine locations of ponding. Ponded areas shall be removed and replaced. Any concrete construction damaged by equipment, tools. vandals, or other influences shall be replaced at the contractor's expense. 3.1 SUBGRADE Subt3rade material for concrete or asphalt construction shall consist of suitable native soil or off'site soil, free from vegetation or other objectionable matter. All unstable or objectionable material shall be removed from the subgrade and replaced with approved material. The material shall be suitable for forming a stable embankment and shall meet the following requirements: Liquid limit 45 maximum Plasticity index 15 maximum Linear Shrinkage 2 min - 10 max Sub -,Fade material which does not meet the above requirements may be conditioned with lime or caliche screenings. The conditioning shall produce a uniform subgrade material which meets all of these specified subgrade 4 requirements. Sub] ade shall be prepared in conformance with the lines and grades shown on the plans, or as directed by the Street Superintendent, by scarifying and compacting to a minimum of tr5% of Standard Proctor Density at optitnum moisture content plus or minus 2%. Subgrtde shall be constructed in maximum of 6 inch lifts. The total thickness of the subgrade shall be 6 inches minimum for streets 36 feet wide or less, 12 inches minimum for sweets greater than 36 feet wide, or as indicated on plan sheets. The compaction method for subgrade shall provide for each lift to be compacted to the specified density using appropriate equipment. After each section of subgrade is complete, tests as determined necessary by the Street Superintendent will be made by the City of Lubbock Testing Lab with respect to moisture and density using nuclear testing equipment. At any time the Street Superintendent may require proof rolling on streets or alleys with a 25 ton pneumatic roller, or equivalent, to test the uniformity of compaction. All utility ditches shall be determined to be stable prior to construction of'subtrade over such utility ditch. :any fill placed within existing or proposed street right of way in execution of an approved cut and fill plan shall meet these specifications for materials and construction. Cut and fill operations shall comply with Chapter 25 of the City of i ubhock Code of Ordinances. subgrade r+bleb has begonte wet, or otherwise altered, after cum,}ieiiutt inay be :,us„c..i :c ,cresting art:..,.p% ��ess..., as determined by the Street Superintendent. 1 4A FLEXIBLE BASE (CALICHE) `fhe material for flexible base shall consist of crushed caliche, limestone, calcareous clay particles, conglomerate, (ravel, sand, or other approved granular materials produced from oversize quarried aggregate, sized by crushing and produced from a naturally occurring single source. Blending of sources shall be allowed only if both sources individually meet the requirements of'thcse specifications. if material characteristics within the approved source efr<tnge, the material shall be subject to retesting and re -approval prior to continued use, lloe Contractor shall not change material sources without approval by the Street Superintendent. All base material sources are subject to approval by the Street Superintendent. Approved sources that do not test consistently within the limits of these specifications during construction tnay be rejected by the Street Superintendent. Flexible base material may be conditioned by addition of crushed concrete (Class A Concrete minimum). Wending oPcrushed concrete and caliche shall be performed at the contractor's production site. The crushed concrete shall he processed to remove wood, steel and other contaminants, including brick and asphalt materials, before blending. The final blended material shall meet the material and performance specifications as stated herein. 4.2 MATERIAL TESTS Flexible base material shall conform to the following test requirements: Sieve Analysis Sieve Size 2-l;2" 1-3; t' --- 71— --� 1Olt �— 114 _#40 %Retained 0 5-10 10-35 30-50 45-65 70-85 Atterberg Limits Material passing the No. 40 Sieve shall be known as "Soil Binder" and shall meet the following requirements: Liquid Limit 45 maximum Plasticity Index 15 maximum and 3 minimum Linear Shrinkage 10 maximum Wet Ball Mill When tested in accordance with Tex-i 16-E (Wet Ball Mill) the base material shall have a value not to exceed 55. The percent of material passing the 440 sieve shall not increase by more than 30 during the test. 4.3 FLEXIBLE BASE CONSTRUCTION Areas behind curbs shall be back(illed and leveled with approved topsoil prior to placing base material, Approved flexible base material shall be hauled in vehicles of uniform capacity and dumped evenly along the project length for processing and compaction. Processing shall be accomplished in multiple lifts of 3 inches compacted thickness. Each course shall be wetted and rolled with a pneumatic roller as required to produce a uniform compaction of 95% mininttun of Standard Proctor Density at a moisture content 1".-;, to 2% below optimum. At any time the Street Superintendent may require proof rolling with a 25 ton pneumatic roller to ensure unifonn compaction of base. Processing for compaction of'caliche base with a shceps foot type roller will not be permitted. The Ease shall be maintained by blading, watering, or other methods until the wearing surface is placed Windrow caliche shall not be removed until the base has passed finish inspection. Base which becomes wet, or other wise altered, may be subject to retesting and reprocessing as determined by the Street Superintendent. The compacted flexible base shall he finished and shaped immediately proceeding the apphcatior of the surface treatment. All loose or unconsolidated material shall be removed and the surface moistened and rolled with a steel wheel roller_ All irregularities, depressions, or weak spots which develop shall be corrected by scarifying, adding or 1 removing taterial as required, resliaping, and recontpacting, or other methods approved by the Strcct Superintendent. Any deviation in the surface of the finished base in excess of 3'1 inch from the established grade or true cross- section, using a 10 foot long straight edge, shall be corrected as provided above. �+ I ASPLiALT STAB[LLZ)~U BASE (ASB) Asphalt stabilized base shall consist of a compacted mixture of graded gravel aggregate (caliche is not an acceptable aggregate for ASB) and asphalt cement mixed hot in a mixing plant in accordance with these specifications. Unless otherwise specified, the materials and construction shall conform to TxDOT Item 292 Asphalt Treatment (Plant Mixed). The contractor's plant and equipment are subject to approval by the Street Superintendent, and shall be appropriate and in suitable condition to produce the base material consistently in compliance with these specifications. In place compaction control is required for all ASB. The material shall be placed and compacted to a minimum density as determined by TxDOT Test Iviethod Tex-126-E. Samples of the compacted ASB will be removed by City _ personnel from locations designated by the Street Superintendent to determine composition, compaction, thickness, and density. The contractor shall replace the pavement removed from core holes at no cost to the City. ASB found to be deficient in composition, compaction, thickness, or density shall be corrected at the contractor's expense as directed by the Street Superintendent. 5.2 ASB MIX DESIGN The contractor shall provide a current mix design using the approved materials indicating gradation and optimum asphalt content. The aggregate mixture shall conform to the following master gradation: Sieve Size 1-1/r" _ 114" 1/21,_.�__._ Percent Retained by Weight 0 8-30 30-55 50-70 70-90 Material passing the 440 sieve shall be known as soil binder and shall meet the following requirements: Liquid Limit shall not exceed 45 Plasticity Index shall not exceed 15 Linear Shrinkage shall not exceed 5 The mineral aggregate shall not contain more than 0.5% moisture prior to entering the pugmill for mixing with asphali. '[*he ASB mixture shall consist of a uniform mixture of mineral aggregate and asphaltic material. The mineral aggregate shall conform to the gradation requirements specified. The percent asphaltic material shall be determined in accordance with Test ;Method "rex.-126-E or Test Method Tex.-204-1= and procedures outlined in TxDOT Bulletin C-14. in no case shall the asphalt content he less than 4% or more than 9° o by weight. Asphalt for the mixture shall meet the requirments of TxDOT Item "Asphalt, Oils. and Emulsions". The -grtde of asphalt and source must be approved by the Street Superintendent prior to use. The contractor shall submit the mix design prepared by a qualified lab f'ar approval by the Street Superintendent. The Street Superintendent will approve :he asphalt content to be used in the mixture after design tests have been made tivitlt the aggregate to be used. The asphalt _orterrt of Fhe production mixture shall not vary from the design more than 0.21ND dry weight based an total mixture. 10 1 ti i PLACING ASB Asphalt Stabilized Base shall be placed and compacted in 3 inch lifts to form a 3, 6, or 9 inch thick compacted base, unless otherwise directed by the Street Superintendent. Prior to placing ASB, the subgrade shall be prepared as prcv-iously specified. The cross-section shall be constructed to form the specified crm%n on the HItiIAC surface at the centerline ttf the street, or as indicated on the plans. ASB shall not be placed when the air temperature, as reported by the National Weather Service 148-M-31, selection 2, is below 45 degrees F and falling_ During June, July, and August ASB shall be placed at a temperature between 255 and 285 degrees F. During other months ASB shall be placed at it temperature between 275 and 325 degrees F. Any ASB material that is above, or below the specified temperature range may be rejected by the engineer. No payment will be made for any rejected material, Any ASB material that is rejected shall be disposed of at a location observed and approved by the Street Superintendent. The ASB material shall be spread on the approved prepared surface using an approved spreading machine. The material shall be placed in such a manner that when properly compacted the finished course is smooth, of unitbrm density, and in conformance with the cross -sections and grades shown on the associated plans. 5.4 ASB COMPACTION The ASB shall be compacted thoroughly and uniformly with approved rollers to a density of 93% to 96%of Marshall Density, ta'ab specimens for Marshall Density shall be molded at 275 degrees F for mixes using Performance Grade asphalt, and '150 degrees F for mixes using AC-10. Rolling shall be continued until no further increase in density can be obtained and all roller marks are eliminated. Compaction shall be completed before the ASB mixture cools below 185 degrees R The compacted ASB shall conform the cross -sections, lines, and grades shown on the plats or as directed by the Engineer. 'fhe surface shall be smooth and have a uniform texture acceptable to the Street Superintendent. 6.1 HOT MIX ASPHALT CONCRETE SURFACE (HMAC Hot mix asphalt concrete surface shall consist of a minimum of one and one half inch thick compacted mixture of coarse aggregate, fine aggregate, mineral tiller (if required), and asphalt cement mixed hot in a mixing plant in accordance with these specifications. unless otherwise specified, the materials and construction shall conform to TxDOT item 340 Dense Graded I•lot Mix Asphalt Method. The contractor's plant and equipment are subject to approval by the Street Superintendent, and shall be appropriate and in suitable condition to produce the HMAC surface consistently in compliance with these specifications. Approval of the source and character of the materials shall be obtained from the Street Superintendent prior to use. 'fhe combined mineral aggregate, after final processing by the mixing plant and prior to addition of asphalt and mineral tiller, shall have a sand equivalent value of not less than 45 when tested in accordance with Test Method Tex 2034. The percent of flat of elongated slivers of stone for any aggregate shall not exceed 25% when tested in accordance with Test Method Tex 22-1-F. Asphaltic mixtures with aggregates which exhibit stripping characteristics shall be conditioned with either time or liquid anti -stripping agent approved by the Street Superintendent. Anti -stripping agents shall meet requirements of TxDOT Item "Asphalt Anti -stripping Agents-, and shall be added at the manufacturer's recommended dosage and temperature range. Core samples of the HMAC surliwe will be removed by City personnel front locations designated by the Street Superintendent (minimum eft cores per 600 toot black) to determine composition, compaction, thickness, and density. HMAC surface found to be deficient in composition, compaction, thickness, or density shah be corrected at the contr.actl:r'c expense ac dire feet by the t nninec•r Th^ tS.'r:.Ct^^• `hall r ^aa� th^ �,.wn�'�:itGV d it iu, �utC holes at na cost to the Civv= 1 6,2 THICKNESS OF HMAC SURFACE 1'he thickness of IIMAC surface shall be a minimum or one and one hairo-i.2j inches, unless otherwise indicated on plans. If only one core measures rcro to 14 inch less than required thickness no corrective action shall be required. If two or more cores measure at feast 1 4 inch less than the specified thickness, the FIMAC surface shall be considered deficient with respect to thickness. Additional cores will be taken at 25 foot spacing to define the limits of deficiency. No additional compensation will be made to the contractor for thickness of f-IMAC surface greater than specified. The paving surface shall not have variations exceeding lib inch between any two contact points on a 10 foot straightedge. Defects shall be remedied as directed by the Street Superintendent using methods specified in TxDOT Item 585 Ride Quality for Pavement Surfaces. 6.3 N-JIX DESIGN The contractor shall provide a current I4l41AC mix design using the approved materials, indicating gradation and optimum asphalt content. If approved by the Street Superintendent, the contractor may rumish an alternate mix design based on specific proposed materials. Otherwise the aggregate mixture shall contornt to the following master gradation. TVDe "C" (Coarse-_G_r,,tded Surface Course - Streets treater than L6 fegt_y<*) Percent passing 7 8" 100 Percent passing 518" 98-100 Percent retained on Y8" 12-25 Percent retained on No. 4 15-30 Percent retained on No. 10 12-30 Total percent retained on No. 10 53-65 Percent retained on No. 40 10-20 Percent retained on No. 80 5- 15 Percent retained on No. 200 5- 15 Percent passing No_ 200 1- 6 Tyle "U' ( Fine Graded Surfaec Cours - Streets 36 feet qr less wide Percent passing Sill" too Percent retained on 3.'8" 5-15 Percent retained on No. 4 30-50 Percent retained on No. 10 12-30 Total Retained on No. 10 53-65 Percent retained on No.40 10-20 Percent retained on No. 80 5-15 Percent retained on No. 200 5-15 Percent passing No. 200 1- 6 Material passing the No. 40 sieve shall be knovvn as soil binder and shall meet. the following requirements: Liquid Limit shall not exceed 4' Plasticity Index shall not exceed 15 Linear Shrinkage sh911 not exceed 5 12 t,` Tire mineral aggregate shall not contain more than 0.5% moisture prior to entering the pugmiII for mixing %i ith asphalt. The H,MAC mixture shall consist of a uniform mixture of mineral aggregate and asphalt material. The percent asphalt in the mixture shall be determined to meet the Marshall Stability criteria as tollows: _ !tfarshall Criteria -._ vg_"t_ — 4fyi'c-!?;- Percent Asphalt Content Optimum plus 0.25°5 to 0.50% No, Blows (each end of specimen) '5 5o Slabilky (Lb.) 1500 1200 Flow (units of 0.01 inch) 8 min 16 max 8 min 19 rnax Percent Air Voids 2 min 5 max 3 ruin 6 max If approved by the Street Superintendent. tire contractor may provide an alternate mix design based on his proposed materials. The contractor',, materials and mix design shall meet all the performance criteria addressed in these specifications, and will retain the optimum plus 0.25%, to 0.50a.0 asphalt content. 6.4 COARSE AGGREGATE The coarse aggregate shall be the material retained on a No. 4 sieve, and shall consist of clean, washed, tough, durable fragments of Brushed stone or crushed gravel of uniform quality. Mixing or combining of crushed gravel and crushed stone will not be permitted. Coarse aggregate shall be crushed to the extent that produces a minimum of 50% crushed faces firr both Type " C" H MAC, and Type "D- HMAC, when tested in accordance with 'rest Method Tex -460-A Part I "Determination of Crushed Face Count". Coarse aggregate shall have a maximum loss of 15% when subjected to 4 cycles of the Magnesium Sulfate Soundness Test ASTNI C-88. The amount of organic matter, clays, loarns, or particles coated therewith, or other undesirable materials shall not exceed 2 percent. When subjected to the Los Angeles Abrasion "rest, the coarse aggregate shall not have a loss greater than 40 percent by weight. Coarse aggregate may be enhanced by addition of crushed concrete (Class A minimuni). The crushed concrete shall be processed and blended at the contractor's batch plant. The material shall be processed to remove wood, steel, and other objectionable materials so as to produce a crushed aggregate in conformance with these specifications. 6.5 FINE AGGREGATE The fine aggregate shall be that part of the material passing the No. 4 sieve and shall consist of sand and;or screenings. The plasticity index of that part of the sand passing the 40 sieve shall not exceed 6. The plasticity index of the screenings shall not exceed 9. Sand shall be composed of durable stone particles free from injurious foreign matter. Sand content in mix design shall not be greater than 15%. Screenings shall be of the some or similar material as specified for coarse aggregate. Mineral filler shall consist of thoroughly dry stone dust, slate dust. Portland cement or other material dust approved by the Street Superintendent. The mineral filler shall be fi•ec of foreign and other injurious matter and shall meet the fallotsing gradation: Percent by Weight Retained on No. 30 Sieve 0 Percent by Weight Retained on No. 80 Sieve 10 maximum Percent by Weight Retained on No. 200 Sieve 35 maximum 6.6 ASPHALT A. /. L..I! L.. lf^ t/t 1. t '��� L.. L. L.. t. L f____..... a_ 1..1. t J :� piian Sttatt �c :ice. tv .5`ittt i_,iic:t ( . n tt, tilt i u i `r u5pttut,, or the ! cr:tititt.atiCi tirade asphalt c i iI' rtit� U."CU Ov iirc local TxDOT district. The contractor shall nofifiy the Engineer of the source of asphaltic material for ,tpproaal prior to production of the asphaltic mixture. The optimum asphalt content shall be determined by the Marshall Stability 13 method. The percent asphalt content in produced I•IMAC surface shall be optimum plus 4 25° o to 0.50% for Tyre ;-C" and Type "D" HINIAC. 6.7 PRIME AND TACK COATS Prior to placing HMAC on flexible base. the surface shall be primed using an application of 0.20 gallons of asphalt per square yard of surface. Before any asphaltic mixture is laid, the surfaces against which the pavement is to be placed shall be cleaned to the satisfaction of the street Superintendent. The surfaces shall be given a uniform application of tack coat using asphaltic materials of this specification_ The tack coat shall be applied as directed by the Street Superintendent with an approved sprayer. Where the pavement mixture will adhere. as determined by the Street Superintendent, to the surfaces on which it is to be placed without the use of a tack coat, the Street Superintendent may waive the requirement for the tack coat. All contact surfaces of curbs, structures, and joints shall be painted with a thin uniform tack coat. The prime, or tack coat, shall be asphalt materials such as AC-10, undiluted CSS-I it, or a similar product as approved by the Street Superintendent. 6.8 PLACING HMAC t•I1vMAC surface shall be constructed to a minimum compacted thickness of I-Ir2 inches. The pavement shall be constructed on the previously approved base. placing of HMAC shall not start until sunrise, and must stop one hour before sunset. HMAC surface shall not be placed until at least 48 hours alter the application of the prime coat. Air tempertuure requirements liar placing HMAC shall be as follows: November I to April 1 HMAC shall not be placed when the air temperature is below 55 degrees F and falling. HIVIAC may be placed when the air temperature is above 50 degrees F and rising. April 1 to November 1 HMAC shall not be placed when the air temperature is below 50 degrees F and failing. HMAC may be placed when the air temperature is above 45 degrees and rising. Air temperature shall be determined by the National Weather Service hourly report, 748-1071, selection 2. If the temperature of any HMAC, measured while passing through the lay down machine, is 25 degrees F more or less than the mixing temperature, the load shall be rejected. No payment will be made for rejected material. Any HMAC material that is rejected shall be disposed of at a location observed and approved by the Street Superintendent. The asphaltic mixture shalt be dumped and spread on the approved prepared surface using an approved spreading and finishing machine. The material shall be placed in such a manner that when properly compacted tite finished course is smooth, of uniform density, and in conformance with the cross -sections and grades shown on the associated plaits. Raking loose material back across the HMAC mat will not be permitted. Wings of the laydown machine may not be dumped unless they are dumped after every load. A level up course. 1 2 inch or more in thickness. shall require the use of ASB or a coarse grade of 111AAC approved by the Street Superintendent. tX'hen .he asphaltic mixture is placed itt a small area where use of a finishing machine is not practical, the contractor may use other methods approved by the Street Superintendent provided a satisfactory surface cart be obtained. Adjacent to curbs butters or other flush structures, the surface shall be finished uniformly high so that %when compacted it will be IA inch above the curb or flush structure. 14 All joints shall present the same texture, density, and smoothness as other sections ofthe course. The joints benrccn old and new pavements or between successive days work shall be made to insure a continuous bond between the old and new sections of the course. The transverse edges of old pavement and. if required by the Street Superintendent, the successive day's pavement shall be cut with an approved concrete saw to expose an even vertical surface for the Full thickness of the course. All contact surfaces of previously constructed pavement shall be painted with a thin uniform coat of hot Bituminous material before the fresh mixture is placed. 6.9 COMPACTiON Hiv1AC stirt<tce compaction shall be 94% to 48% of Marshall density (2°u to (3% air voids). Using appropriate rollers approved by the Street Superintendent, the pavement shall be compacted thoroughly and uniformly to a density consistent with the density developed in the laboratory Marshall test method of molding stability specimens. At a minirnum one tandem roller weighing not less than 8 tons, two prretunatic rollers with a weight capable of being uniformly varied from 275 to 550 psi per inch width of tire tread, and one three wheel roller weighing not less than 10 tons shall be provided for each job. Additional rollers shall be provided by the contractor if needed. Rolling with three wheel and tandem rollers shall start longitudinally at the sides and proceed toward the center of the pavement, overlapping on successive trips by at least half the width of the rear wheels. Alternate trips orthe roller shall be slightly different in length. On super -elevated curves rolling; shall begin at the low side and progress toward the high side. Rolling with pneumatic rollers shall be done as directed by the Street Superintendent and shall be continued until required compaction is obtained and all roller marks are eliminated. The motion of the rollers shall be slow enough to avoid displacement of the mixture. Rollers shall not be permitted to stand on pavement which has not been fully compacted. Any displacement of the mixture shall be corrected immediately by the use of rakes and fresh mixture where required. Gasoline, oil, grease, solvents, or other foreign matter shall not be permitted to fall on the pavement when rollers arc in operation or standing. Places inaccessible to the rollers may be compacted using lightly oiled tamps. Trenches and other limited areas where required compaction cannot be obtained using a three wheel roller shall be compacted with a trench type roller. The surface of the pavement after compaction shall be smooth and true to the established line, grade, and cross- C section. When tested with a 10 foot straight edge placed parallel to the centerline of the roadway, or other means acceptable to the Street Superintendent. the maximum deviation shall be not exceed 1 r8 inch in 10 feet. An acceptable 10 foot straight edge shall be provided by the contractor. Any point in the surface not greeting this requirement shall be corrected as directed by the Street Superintendent. When placed on existing surfaces, the III f inch maximum deviation requirement may be waived by the Street Superintendent. 6.10 EMULSIFIED ASPHALT SEALER All HMAC surface courses shall be sprayed with an emulsified asphalt sealer consisting of a 15%85 mixture of CSS- I H, or 2080 SS-1, liquid anionic asphalt and distilled water. The emulsified asphalt sealer shall be applied alter the I INIAC surface has cooled to below 70 degrees F, and shall be applied at a rate of 0,10 to 0.12 gallons per square yard of surface. 7.1 STORM SEWER St rir shall ;,,elude ,stallaticn ofpipe, manho ler, finle, strictures and o.itle, S.,. >. Co -'acre shall use only materials, toots. methods, and equipment considered vandard by the pipeline construction industry. and approved by the Street Superintendent. Grade and horizontal alignment shall be maintained using a laser or hatter hoards. 15 7.2 REINFORCFD CONCRETE PiPF. Storrtt sewer shall he constructed using reinforced concrete pipe, either precast or cast in place. The pipe shall conform to the requirements of AASI ITO M-170 or ASTM C-76. Pipe shall be Class III unless otherwise noted on plan sheets. 1.3 MORTAR Mortar shall be used for caulking and filling; between pipe and drainage structures. Mortar shall be composed of i part, by volume, of Portland cement and 2 parts of mortar sand. The Portland cement shall conform to the requirements of AS-rtvt C-150, Type 1. The sand shall contonn to the requirements of ASTM C-144. hlydrated lime may be added to the mixture of sand and cement in an amount equal to 15% of the weight of cement used. "file hydrated lime shall meet the requirements of ASTM C-6. Mortar which has not been used after 45 minutes of having water added shall be discarded. Mortar may not be retentpered by having water added. 7,4 PREFORh1ED MITI MFNUS GASKET JOINTS Preformed bituminous gaskets for concrete non -pressure pipe shall conform to the requirements of Fed. Spec. SS-S- 00210 (GSA-FSS), and shall be Rani-Nek or approved equal. Gaskets shall be installed in accordance with manufacturer's recommendations and shall font a water -tight joint. 7.5 MANHOLES Manhole barrel, cone and extension sections shall be constructed of precast concrete. A plant inspection may he required for production facility inspection and to review record -keeping for material certification. The manufacturer must provide certification that all materials used for manufacturing meet with the following ASTM Specifications. Aggregates ASTM C-33 Cement ASTM C-150 Sampling Specimens ASTM C-39 Reinforcing ASTM C-185 Sand and Mortar ASTM C-144 Precast concrete sections for manholes shall conform to ASTM C-478 specifications. Compressive strength test results must verify concrete strengths meet or exceed 4,000 psi. Aggregate shall be crushed limestone and shall conform to ASTM C-33 specifications. Joints, excepting grade rings, shall be tongue and groove or an equivalent male and female type joint as approved by the Street Superintendent. All joints shall be effectively,jointed to prevent leakage and infiltration. All connections between wail sections shalt be joined with Conseal Joint Sealant or approved equal to provide a watertight manhole. This sealant will be provided by supplier and will be considered an essential par of each shipment. All cones and adjusting rings shall maintain a clear 24" opening. Adjusting rings shall be reinforced with the same percentage of steel as risers and tops and will also meet ASTb1 C-478 specifications. Adjusting rings, as well as all precast concrete manhole products, shall be smooth, uniform in size and dimensions, consistent in components throughout and free of voids or boneycnmhs. All manholes shalt be designed to withstand H-29 AASIT ti loading. They shall also haves Iitii ng hole., that do .n.4i full inch thickness must remain between lift hose and outside wall of protrude through manhole wall; one of concrete manhole. 16 Manhole barrels shall be assembled of precast riser section. Kiser sections and top cone sections shall be placed vertically with tongues and grooves properly keyed. liven channels shall be smooth and semi -circular in shape conforming to the inside of the adjacent pipe section. Charges in direction of flow shall be made with a smooth curve of as largc a radius as the size of the manhole with permit. Changes in size and grade of the channels shall be made gradually and evenly. The invert channels may be tormed directly in the concrete of the manhole base or may be half -pipe laid in concrete. The floor of the manhole outside the channel shall be smooth and shall slope toward the channel not less than one inch per foot, nor more than two inches per foot. All connections between the riser or base sections and the sewer pipe shall be joined in such a manner as to make the manholes watertight. Preformed rubber waterstop gaskets cast into the riser or base section are acceptable. Preformed flexible plastic sealing compounds equivalent to "Ram -tick" or `Kent Seal" may be used provided a watertight seal is achieved. Adjusting rings may be used for adjusting the top elevation, except that the total height of the adjusting rings shall not exceed 12 inches at any manhole. Concrete shall be placed around and under the rings to provide a seat and seat the rill(, at the proper elevation. Each manhole shall have a minimum of 6 inches of grade adjustment. 7.6 MANHOLE FRAMES AND COVERS Manhole frames and covers shalt be of good quality gray iron casting and conform to ASTM A -oft, having a clear opening of not less than 22 inches. The casting shall be designed with a full bearing ring so as to provide a continuous seat between frame and cover. The cover shall be furnished with lifting ring cast into the cover in such manner as to prevent water leaking through. Frame and cover shall have a weight of not less than 275 pounds. The manhole ring and cover shall be Western from Works W40 or approved equal. 7.7 CONs'rR(JCT1ON METHODS All equipment necessary and required for the proper construction of storm sewers, manholes and culverts shall be on the project, in first-class working condition, and approved by the Street Superintendent before construction is permitted to start. if precast concrete pipe or manhole sections are used, the Contractor shall provide appropriate hoisting equipment to handle the pipe or sections while unloading and placing it in its final position without damage to the pipe. The Contractor shall provide hand tampers and pneumatic t;unpers to obtain the required compaction of the pipe bed, the manhole bed and the backfill, as specified. 7.8 EXCAVATION The Contractor shall do all excavation to the depth shown on the plans. Where rock, or soil containing rocks or gravel, hard pan or other unyielding foundation material is encountered in trench excavation, the pipe shall be bedded in accordance with the requirements of one of the classes of bedding, and the hard unyielding material shall be excavated below the elevation of the bottom of the pipe or pipe bell to a depth of at least 8 inches or 112 inch for each foot of till over the top of the pipe, whichever is greater, but not more than three -fourths the nominal diameter of the pipe. The cushion shall consist ofa fine compressive material, such as silty clay or loam, lightly compacted, and shaped as required for the specified class of bedding. The cost of furnishing and placing the cushion material shalt be included in the bid price per linear foot of pipe in place. The bottom of the trench shall be excavated to a horizontal section as far as practicable. Excavated material not required or acceptable for backfill shall be disposed of by tire Contractor as directed by the Srreet Superintendent. Excavation shall not be carried below the required depth; but when it is, the trench shall be backtilled at the Contractor's expense with material approved by the Engineer and compacted to lime density of the surrounding earth material as determined by A;iSl l'O T- f afi. When directed, unstable soil shall be removed for the full width of the trench and replaced with sand or with approved granular material_ The Street Superintendent shall determine the depth of removal of unstable soil and the UW amotmt of backfill necessary. 'File backtill shall be compacted and shaped to a firm but slightly yielding condition to form the bed for the pipe. Grades for pipe shall be as shown on the drawings. No changes in grade will be made unless so directed by the Street Superintendent. The minimum width of the trench at the top of the pipe, when placed, shall be a width which will pennit the proper construction of joints and compaction of backfill around the pipe. The sides of the trench shall be vertical, unless otherwise approved by the Street Superintendent. The maximum allowable width of the trench shall not exceed the widths shown below unless otherwise approved by the Street Superintendent. NOMINAL. PIPE MINIMUM TRENC14 MAXIMUlM TRENCH S1zE "fA'PIPE PA' Less than 18" Pipe U.D. + 12" Pipe O.D. 18" 18" thru 36" Pipe O-D. r 18" Pipe O.D. + 24" 37" thru 60" Pipe O.D. + 24" Pipe O.D. — 30" -file width of the trench above (lie top of the pipe may be as wide as necessary for shoring, bracing or proper installation of the pipe. Excavation in paved areas shall be confined to a minimum practical width. 'lire bed for pipe shall be so shaped that at least the lower quarter of the pipe circumference shall be in continuous contact with the bottom of the trench. The excavation for manholes shall be essentially the same as that for the piping. The sides of the excavation shall be vertical unless otherwise approved by the Street Superintendent. The Contractor shall do such trench bracing, sheathing or shoring necessary to perform and protect the excavation as required for safety and conformance to applicable laws and regulations. The bracing, sheathing, or shoring shall not be removed in one operation but shall be done in successive stages to prevent overloading of the pipe durina backfilling operations. The cost of the bracing, sheathing, or storing and the removal of same, shall be included in the unit price hid per foot for the pipe. Surface water shall be prevented from entering the excavation. Heavy equipment, except for excavating equipment, shall not be operated within 20 feet of the edge of the excavation. Excavated materials shall be stockpiled no closer than 3 feet from the edge of the excavation. 7.9 PIPE INSTALLATION "Che Contractor shall provide the appropriate tools and methods to insure installation of the pipe to line and grade, as shown on the drawings. The Contractor's facilities for lowering precast pipe into the trench shall be such that neither the pipe nor the trench will be damaged or disturbed. The Street Superintendent shall inspect all precast pipe before it is placed. Any section that is damaged by handling or is defective to a degree which in the opinion of the Street Superintendent will materially affect the function and service of the pipe shall be rejected and removed from the job site. Installing the precast pipe in the finished trench shall be started at the lowest point and is laid upgrade. For tongue and groove precast pipe, the grooved end shall be laid upgrade. The pipe shall be firmly and accurately installed to line and grade so that the invert will be smooth and uniform. The pipe shall be protected from water during placing and until the concrete, in cast -in -place pipe, or the mortar, in the joints of precast or cast in place pipe. has thoroughly set. 'rile contractor shall provide temporary diversions as necessary to prevent surface water flow into the excavation. Pipe shall not be laid or installed on frozen ground. pipe which is not true in alignment. or which shows any change in grade after laying or installing, shall be taken up and re-laid or re -installed without extra compensation. Mortar shall be used for caulkin- and filling between the pipe and the drainage structures- Mortar that is not used within 45 minutes after water has been added shall be discarded. Retempering of mortar shall not be permitted. Pipe 18 joints for precast concrete pipe strati be of the tongue and groove type. The joints shall be of a water tight joint. Each joint shall be sealed with a preformed bituminous gasket as specified. The gasket shall he installed as recommended by the pipe manufacturer. Field poured concrete bases shall be at least 12 itches thick and not less than 1 (one) foot greater diameter than the outside diameter of the manhole riser section. Concrete shall be Class A at a minimum 3000 psi 28 day compressive strength. Concrete placement shall conform to ACI and good construction practices. Concrete shall be consolidated and struck -off to a horizontal surface within the forms or pouring rings. Field poured concrete bases shall be reinftrced as detailed on the Plans or as shown in the Standard Details. The - manhole shall be constructed to ASTM C-891 standards. Precast reinforced concrete bases shall be of the size and shape detailed on the Plans or as shown in the Standard Details. 7.10 BACKFILLING All trenches and excavations shall be backfilled as the pipes and manholes are installed, unless otherwise directed by the Street Superintendent. Outside of street right of way the backfill material shall be selected granular material from excavation or borrow; material which is placed at the sides of the pipe and manhole and 1 foot over the top shall be material which can be readily compacted. It shall not contain stones retained on a 2-inch sieve, frozen lumps, chunks of highly plastic clay, or any other material which is objectionable to the Engineer. The -Material shall be moistened or dried, if necessary, to he compacted by the method in use. Backfill material shall be approved by the Street Superintendent. i r The backfill shall be placed in loose layers not to exceed 6 inches in depth along each side of the pipe and manhole. 11 Special care shall be taken to secure thorough compaction under the haunches and at the sides of the pipe and manhole. This backfill shalt be brought up evenly on each side of the structure to all elevation of 1 foot over tite top of the pipe, or such greater elevation as directed by the Street Superintendent. Backfilling shall be done in a manner to avoid injurious top or side pressures on the pipe and manhole. Baekfifl shall be compacted to 95% (min.) Standard Proctor Density. Unless otherwise directed by the Street Superintendent or plans, excavation within street right of way shall be t _ backfilled with flowable till material (2-sacks of cement per cubic yard concrete nix) to I-U2- inches below the asphalt surface. The pipe shall be restrained so that during the pour the pipe shall not be displace& f ivlovement of construction machinery over a culvert, pipeline, or manhole shall be at the Contractors risk. Any damaged construction shall be removed and replaced at the expense of the Contractor. 7.11 TRENCH PROTF,CTION Trench excavations not exceeding five feet in depth shall be protected in accordance with applicable OSIIA, state, and local requirements. Trench excavations greater than five feet in depth shall be protected in accordance with the billowing specifications. All work performed under this section shall also comply with OSHA Part 1926. Subpart P and all State and Local codes. The Contractor shall be responsible for complying with all trench safeiy requirements, the requirements of the specifications, drawings and all applicable codes. Trench protection shall he performed by forces having at feast tyro years experience with similar types of trench safety= systems. The manufacturer of prefabricated items used in trench safety systems shall have at least two years of - experience in fabricating the items. The contractor shall provide detailed drawings for proposed trench safety systems. The drawings shall identify where each system is proposed for use and type of system to be used. Trench excavations shall not be started until trench safety systems have been submitted and approved by the Street Superintendent 19 if trench boxes are to be used, the contractor shall submit manufacturer's standard data sheet and certificate of compliance stating the naaxn»tnn allowable depth for the given design pressure for each type of trench box proposed f'or use. if alternative systems composed of steel, aluminum, wood or a combination of materials are proposed, the contractor shall submit design data demonstrating the ability of the proposed materials to provide the necessary trench protection. Materials used for trench satety shall be capable of withstanding imposed loads without excessive deflections. Materials shall be clean, free of rust, holes, knots and other defects, and shall conform to the following: Steel - Steel shall be oftype and thickness as required and shall have a minimum yield stress of 36 ksi Aluminum -- Type 6061- f6, thickness as required. Wood in Contact with Earth - Pressure treated goods. Wood not in Contact with Earth -- Soft or hardwood as required. 8.1 FENCES Untess otherwise indicated on plans, existing fences which must be adjusted or relocated shall be reconstructed using the same or equivalent materials. height, and construction in the proper location. The contractor shall remove existing fence and either store for reuse or legally dispose of the fence materials, whichever is appropriate. New fence construction shall be in accordance with specifications and details included on plait sheets. 9.1 SALVAGE OF ASPHALT PAVING All salvage asphalt material shall be broken into pieces not more than 1 inch in size and stockpiled at a location indicated in the plans. Any non -asphaltic materials, such as flexible base and soil, shall be kept separated from the salvaged asphalt. 10.1 BARRICADES Prior to starting work on any project covered by these specifications, the contractor shall submit a Trafic Control Plan for approval by the Street Superintendent. The contractor shall have the sole responsibility for providing, installing, moving replacing, maintaining, cleaning, and removing upon completion of work, all traffic control devices. The Traffic Control Platt and devices shall be in compliance with the Texas Manual of Uniform Traffic Control Devices (MUTCD) and the 1993 National Cooperative 1-fighway Research Program (report 350 (NCHRP 350). The Traffic Control Plan approved by the Street Superintendent shall be considered the minimum requirement for the project. The contractor shall provide additionat devices as determined to he necessary during the project. )fat any time during construction the approved plan does not accomplish the intended purpose, due to weather or other conditions affecting the safe handling of traffic, the contractor shall immediately make necessary changes to correct the umsatisfactory conditions. The contractor shall maintain ingress and egress to private property at all times. a,,tit i ..� nips :ail signing and barrieadine ;hall be to place before constructionconstructionupiiufiiiizs are Staff.£.i i'iiirf1c, all i.. ......,,. construction is in progress. All hazeards shall tic clearly marked and adequately protected. if pedestrian walkways are blocked, pedestrian control shall conform to -Typical Side%ealk and Curh-Lane Closure for Pedestrian Control' as indicated in'texas MUTCD. ?0 1 No separate payment will be made for traffic control. The required plan and devices shall be considered to be suhsidiaty to pay items. 11.1 PROSECUTION OF THE WORK AND WORKING DAYS During the period the contrctor is directing traffic over the base, the surface shall be satisfactorily maintained by the use of sprinkling and bladino as required, so that no hazard will result. The base course shall be maintained until the wearing surface is placed thereon. At no time during the period of construction shall driveways and/or alleys be left impassable between the night hours of 6:00 PNI to 6:00 AM. except during the construction of'curb and gutter for which the driveways and/or alley's shall remain closed not more than 4 days. No work will be performed after dark or before daylight. 11.2 WORKING DAYS DEFINITION City contracted paving projects will be based on working days allowed. No requests for extensions of time will be considered. A working day is defined as a calendar day, not including Saturdays, Sundays, or City of Lubbock designated holidays, in which weather or other conditions beyond control of the contractor will permit the performance of the principal unit of work for a continuous period of not less than 7 hours between 7:00 am and 6:00 pin. Work on Saturdays, Sundays, or City of Lubbock designated holidays must be authorized by the Street Superintendent (see item 11.3). For each Saturday, Sunday, or City of Lubbock designated holiday on which the Contractor chooses to work and has authori2ation from the Street Superintendent to work. I day will be charged against the contract working time when conditions will permit at least 7 hours of work as described above. Work on Sunday will not be authorized except in cases ofextreme emergency, as determined by the Street Superintendent. _i Working days will be considered to begirt on the effective date stated in the Notice to Proceed, unless the contractor is unable to begin work on that date due to factors beyond his control as determined by the Street Superintendent. in that event, time charged against the project will begin on the date the contractor could first work a minimum of 7 hours as described above.— The Street Superintendent will furnish the contractor a monthly statement showing the number of working days used and the working days remaining. The contractor shall be allowed 10 calendar days in which to protest the correctness of each statement. The protest shall be in writing, addressed to the Street Superintendent, and shall IJ indicate basis of the protest. The Street Superintendent shall respond to the protest within 10 calendar days of receiving the protest. Failure to file a protest within the allotted 10 days for any statement shall indicate the contractor's approval of the time charges as shown on that period's time statement, and future consideration of that time statement will not be permitted. 11.3 WORK BETWEEN iMOVEMBER I AND JANUARY 2 AND ON OTHER HOLIDAYS t If conditions are such that, in the opinion of the Street Superintendent, construction will negatively affect local businesses during holiday periods, the Engineer may suspend construction operations from November I to January 2. The City of Lubbock observes specific holidays, and City staff is not required to work those days. As standard ' procedure, construction operations that require testing inspection may not he performed on those holidays. If tine V contractor needs to perform construction operations that require City personnel on holidays, the contractor shall ,hake u . rrtten request for authorization to ..ork from the Strcet Superintendent. The %.quest shall state the rea-s ,,. � the work is necessary. and shall state that the contractor agrees to pay the City for the related personnel expenses ? } including salary, overtime, and benefits. if"Cky personnel are available, the Street Superintendent may approve the request. 2I 12.1 MEASIMIRIVIENT AND PAYMENT The unit price bid on each item as stated in the bid proposal shall include furnishing atl labor, superintendence, inachincry, equipment, and materials, except as otherwise specified, necessary or incidental to complete the various items of work in accordance with the plans anti specifications. Cost of work or materials shown on the plans or called for in the specifications and on which no separate payment is made shall be included in the bid prices on the various pay items. Payment will not be made for any item that is not complete, including all associated incidental work. All of the items covered by these standard specifications may not be included in a particular project. Only those items indicated on bid documents and plan sheets shall be included for construction and payment. 112, CURB AND GUTTER lvteasurement will be made of the linear feet of curb and gutter actually constructed. Curb trod gutter will be paid for LJI at the unit price bid per linear foot. The unit price bid shall include furnishing and installing all materials. excavation, tilling, backfilling, forming, finishing, and all incidentals necessary to complete the work. 12.3 CONCRETE FLATSLAB5-SI111,EWAL DRIVEWAY ALLEY RETURN ALLEY PAVING AND VALLEY GUTTER Measutement will be made of the area, in square feet, of flat slab actually constructed. Flat slabs will be paid for at the unit price bid per square foot for each specific type of slab. Curb on alley returns shall be included in the area measured for the slab and will not be paid as a separate item. The unit price bid shall include furnishing and installing all materials, excavation, filling, backfilling, reinforcement, forming, finishing, joint cutting, joint sealing, and all incidentals necessary to complete the work. 12.4 Ct'RB RAMPS (HANDICAP RAMPS) Measurement will be made of the area, in square feet, of curb ramp actually constructed, excluding top surface area of any retaining wall Curb ramps will be paid for at the unit price bid per square foot. The unit price bid shall include furnishing and installing all materials, excavation and filling within two feet of the ramp, back filling, reinforcement, forming, finishing, and all incidentals necessary to complete the work. 12.5 CUNCRETE DRAINAGE CHANNEL Measurement will be made of the area, in square feet, of drainage channel actually constructed, including top surface area of any retaining wall or curb. Drainage channel will be paid for at the unit price bid per square foot. The unit price bid shall include furnishing and installing all materials. excavation and filling within two feet of the channel, backfilling, reinforcement, forming, finishing, and all incidentals necessary to complete the work. 12.6 RETATNitiG WADI UIZ CURB ON DRAINAGE CHANNELS AND CURB RAtNIPS kleasurement will be made of the height front bottorn of footing or slab to top of wall, and linear feet of wall or curb actually constructed. Retaining wall or curb will be paid for at the unit price bid per cubist foot. The unit price bid shall include furnishing and installing all materials, excavation, filling, backfilling, reinforcenicttt, forming,, finishing. and all incidentals necessary to complete the work. 12,7 COhCRE11' MEDUN 'vleasumment will be made of the area, in square feet: of median actually constructed. Median will be paid for al the unit price bid per square toot. The unit price bid shall include furnishing and installing all materials, excavation, filling, reinforcement, forming, finishing, and all incidentals necessary to complete the work. 12.8 CONCRETE STREET PAVING ,Measurement will be made of the area, in square yards, of concrete street. paving actually constructed. Concrete street paving will be paid for at the unit price bid per square yard. The unit price bid shall include furnishing and installing all materials. excavation. fitting, backtiliing, reinforcement. forming, finishing, and all incidentals a necessary to complete the work. Sawing and sealing of joints shall not be included and will be paid for as a separate bid item.° 12.9 SAWING AND SEALING OF JOINTS IN CONCRETE STREET PAVING; Measurement will be made of the linear feet of sawed and scaled joint-, actually constructed. Sawine and sealingof joints will be paid for at the unit price bid per linear foot. The unit price bid shall include furnishing and Installing all materials. equipment, sawing, cleaning, sea€ components, and all incidentals necessary to complete the work. 12.10 STORM SEWER INLET BOX AND MANHOLES Storm sewer inlet boxes and manholes will be paid for at the unit price bid per each. The unit price bid shall include furnishing and installing all materials, excavation, filling (except tlowable till), floor, connection to pipes, reinforcement, forming, finishing, manhole rings and covers, and all incidentals necessary to complete the work. 12.11 HEADWALLS Storm sewer headwalls will be paid for at the unit price bid per each. The unit price bid shall include furnishing and installing all materials, excavation, filling, reinforcement, forming, finishing, grates, and all incidentals necessary to complete the work. 12.12 STORM SEWER PIPE Measurement along the centerline of the pipe will be made of the actual length of pipe constructed, fronn face of structure to face of structure or to centerline of manhole, and will be paid for at the unit price bid for Storm Sewer. Depth of cut shall be considered to be from the top of the adjacent grade stake to the flowline of the pipe. The unit price bid shall include furnishing and installing all materials, pavement removal, excavation, tilling, backtillina with 1 compacted soil where applicable, and all incidentals necessary to complete the work. Flowable till will be paid for as a separate pay item. 1 12.13 EXTRA VERTICAL FEE't'OF MANHOLE The actual constructed manhole will be measured from the top of the base to the top of the ring and cover. Any depth of manhole exceeding G feet in depth will be paid for at the unit price bid for extra vertical feet of manhole. The unit price bid shall include furnishing and installing all materials and all incidentals necessary to complete the work. y 12.14 CURB AND GUTTER REMOVAL Mcasurcrnent will be made of the linear feet of curb and gutter acrually removed. Payment %vi1I be made at the till it price bid per linear foot of curb and gutter removed. The contractor shall ensure that the Street Superintendent has the opportunity to measure the linear feet of curb and gutter prior to removal. If curb and nutter is removed without rne.asurement by the Street Superiniendent_ no payment will be trade for that removal. The unit price bid shall include sawing, hauling, tabor and equipment, and legal disposii for removal olthe curb and gutter. 23 I -{ 12,15 CONCRETE SLAB REMOVAL icasurement wili be made of the area in square feet of concrete slab actually removed. Payment will be made at the unit price bid per square foot of concrete slab removed. I'he contractor shall ensure that the Engineer has the opportunity to measure the area of concrete slab prior to removal. if concrete slab is removed without measurement by the Street Superintendent, no payment will be made: for that removal. The unit price bid shalt include sawing, breaking, hauling, labor and equipment, and legal disposal for removal of the concrete slab. 12.16 1 1/2 SACK FLOWABLE FILL Quantities of 112 sack flowabie fill will be determined from tickets provided by the drivers of the delivery trucks. Payment will be made at the unit price bid per cubic yard of in place I t'2 sack flowable till. The unit price bid shaft include furnishing and placing the material and all incidentals necessary to complete the work. 12.17 ASPHALT PAVING, Measurement will be made of the area, in square yards, of asphalt paving actually constructed. Payment will be made at the unit price bid per square yard. The unit price bid shall include ful-nishing and installing all materials, subgrade preparation, construction of caliche or asphalt stabilized base as specified, excavation, filling, tack and prime coats, HMAC surface, emulsion seal, and all incidentals necessary to complete the work. 12.18 ASPHALT PAVING REPAIR Measurement will be made of the area, in square yards, of in place asphalt paving repair. Payment will be made at furnishing all the unit price bid per square yard of paving repair. The unit price bid shall include and placing asphaltic materials, sawing of existing paving edges, smoothing and preparation of the existing base, flowable fill if required, tack and prime coats, compaction, and all incidentals necessary to complete the work. 13.19 EXCAVATION AND GRADING (OUTSIDE LIMITS C}F CONS7'RUCTIONi Volume of excavation or fill, in cubic yards, will be determined by average end area method. Payment will be inade at the unit price bid per cubic yard of completed excavation or till. The unit price bid shall include all labor, equipment, and incidentals necessary to excavate or fill the site to the grades established by the Street Superintendent. No separate payment will be made for disposing of excess material. 12,20 DITCH GRADING AND UNPAVED STREET SURFACE GRADING The volume of ditch grading, in cubic yards, will be determined by average end area method, Measurement will be made of the area, in square yards, of completed surface grading of unpaved streets. Payment will be made at the unit price bid per cubic yard of completed ditch grading per cubic yard, or surface grading per square yard. The unit incidentals necessary to grade ditches or surface grade unpaved price bid shall include all labor, equipment, and streets to the grades established by the Engineer. No separate payment will be made for disposing of excess i material. 13.1 STANDARD DETAILS Construction shall be in accordance with the following standard details unless otherwise indicated on plates, or 24 inch and details shall be considered to be standard, 30 directed by the Street Superintendent. The curb gutter inch curb and gutter details shall apply onl< ifspecificafly indicated on plans or bid documents. 24 1 STREET CROWN ELEVATIONS PAVE'MEN'f WIDT1-( FINISHED PAVING SURFACE CURA F:ACG TO CURB FACE AAOVE ill TIER �^ 22 feet 0.3feet 2 24 feet 0-35 feet 26 feet 037 feet 28 feet 0.40 feet 30 feet OA2 feet 321 feet 0.45 feet 36 feet 0.50 feet 42 feet 0.57 feet 46 feet 0.62 feet 52 feet 0.69 feet 64 feet 0.85 feet 66 feet 0.86 feet 86 feet 1.14 feet 88 feet 1.15 feet All street paving shall incorporate a centerline crown at the listed elevation unless otherwise indicated oat plans, or its directed by the Street Superintendent. The widths listed above refer to the total proposed future full width of street. 14.1 PATCHING AHEAD OF SEAL COAT OR TWO -COURSE MAINTFNANCE The black base, two sack flowabfe fill, hot mix material, and concrete to be used in patching ahead of the seal coat or two -course maintenance shall be used at locations as directed by the Street Superintendent. No substitutions shall be permitted without prior approval from the Street Superintendent. The areas to be patched shall be marked and measured by the Street Superintendent's representatives. The area to be patched shall he barricaded, according to Texas Manuel for Uniform Control Devices, at all times during patching operations, however, if the Street Superintendent permits, the patched area may be opened to traffic prior to placing the final hat -mix surface. In that event, the Contractor shall taper the edges of the patch with mix to minimize any bumps or inconvenience to traffic. 14.11 PATCHING WITH ASPHALTSTABILIZED BASE (ASB) Patching shall include removing the existing surfacing, either three (3), six (6), or nine (9) inches of the existing base and subgrade (as the Street Superintendent directs), and, if the sub -grade is unstable, it will be removed and replaced with black base. The excavated base will then be replaced with asphalt stabilized base material (either three (3), six (6), or nine (9) inches), as directed by the Street Superintendent, and compacted to 95% of lab density. After the base material has cooled sufficiently, the surface course of hot mix shall then be placed and rolled until the required density is obtained. The edges of the patch shall be vertical and shall be tacked before placing the black base and the 1-142 inches ofhot- mix. All bot-mix edges will meet the grade of -the existing surface. 14.12 PATCHING WITH 6" OF TWO SACK CEMENT FLOWABLE FILL. Sallie as above except six (6) inches of two i_) sack cement tlowable till will be used instead of six 6't inches of black base. At all tithes the: patching anaa %will be barricaded according to Texas muU rCD. lfopen to traffic before the het as?ix is placed, the edges of the patch will be leveled up with mix to minimize bumps. 25 NOTE; Both black base and two sack flowable till are anticipated being used, with locations ofeach type of material to be directed by the Street Superintendent. 14.13 PATCHING: WITH 1-112" OF HOT -MIX Same as "Patching with black Base" except only the existing asphalt surface will he removed. 14.14 CURB AND GUTTER PATCHING 1'atchinb shall include removing the existing curb and gutter and replacing with the proper configuration (1-4 or 32 inch), as directed by the Street Superintendent. 14.15 VALLEY GUTTER CONSTRUCTION The construction ofnew valley gutter shall include removing the existing surfacing and replacing with 8 inches Of concrete, with locations as directed by the Street Superintendent. 14.2 ASPHALTIC CONCRETE MILLING 'I'his item consists of removing I" - 2" (or as the Street Superintendent directs) of the existing asphaltic concrete surface and replacing it with either a single course seal coat, a two course seal coat, or hot mix (as the Street Superintendent directs). The material removed from the milled surface will remain remain the property of the City of Lubbock and shall be stockpiled at a location as directed by the Street Superintendent. The edges of the patch shall be vertical and shall be tacked before placing hot mix. 'rhe hot mix edges will meet the grade of the existing surface. 16.1 CLEANUP immediately after each application of asphalt, the Contractor shall clean, remove paper, piles of asphalt from manholes and water valves, extra aggregate that is in the gutter, rubbish and temporary structures from the street, restore in an acceptable manner all property, both public and private, which has been damaged during the prosecution of the work, and leave the site of the work in a neat and presentable condition throughout. The cost of the "cleanup" shall be included as part of the cost of the various items of work involved, and no direct compensation will be made for this work. This work shall be done before final acceptance. 26 CITY OF LUBBOCK SPECIFICATIONS FOR CONCRETE REPAIRS FOR THE 2009 SEAL COAT PROJECT RFP # 08-738-BM Contract # 8702 Plans & Specifications may be obtained from THE REPRODUCTION COMPANY htti)://Vr.thereproductioncompany.com/ Phone: (806) 763-7770 "A City of Planned Progress " CITY OF LUBBOCK Lubbock, Texas 0 Pap-e Intentionally Left Blank CITY OF LUBBOCK REQUEST FOR PROPOSALS TITLE: CONCRETE REPAIRS FOR THE 2009 SEAL COAT PROJECT ADDRESS: LUBBOCK, TEXAS RFP NUMBER: 08-738-BM CONTRACT NUMBER: 8702 PROJECT NUMBER: 92125.9240.30000 CONTRACT PREPARED BY: PUBLIC WORKS CONTRACTING OFFICE Paae Intentionally Left Blank City of Lubbock, TX Public Works Contracting Office Coutrador Checklist for RFP # W73#-BM Before submitting your proposal, please ensure you have completed and included the following. 1. Carefully read and understand the plans and . specifications and properly complete the PROPOSAL'SUBMTTTAL form. Proposal Submittal form S be completed in blue or black ink or by typewriter. Signatures must be original, in blue or black ink, and by bend. 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. Carefully mead the BASIS OF PROPOSALS and SELECTION CRITERIA in paragraph 32 of the General Instructions to OfLwor's. Ensure ALL criteria are addressed in your submittal. 2. Include PROPOSAL BOND or CASHIER'S OR CERTIFIED CHECK as your proposal surety. Failure to provide a proposal surety —VQL result in automatic rejection of your proposal. 3. ✓ Clearly mark the proposal number, title, due date and time and your company name and address on the outside of the envelope or container. 4. ✓ Ensure your proposal is RED by the City of Lubbock Public Works Contracting Office prior to the deadline. Late proposals will not be accepted. 5. ✓ Complete and submit the "CONTRACTOR'S STATEMENT OF QUALIFICATIONS". 6. Complete and sign the CITY OF LUBBOCK INSURANCE REQUIREMENT AFFIDAVIT. This must include the signature of the agent or broker. Contractor's signature must be original. 7. �— Complete and sign the SAFETY RECORD QUESTIONNAIRE. All "YES" responses must be explained in detail and submitted with the questionnaire. 8. t`_ Complete and sign the SUSPENSION AND DEBARMENT CERTIFICATION. Include flrm's FEDERAL TAX ID number or Owner's SOCIAL SECURITY number. 9. Complete and submit the PRO, POSED LIST OF SUB -CONTRACTORS. n,.^UMENTS REOUIRED WITHIN TWO BUSINESS DAYS AFTER -CLOSING: 5. Complete and submit the FINAL LIST OF SUB -CONTRACTORS. FAILURE TO PROVIDE ANY OF TBE ABOVE MAY RESULT IN YOUR PROPOSAL BEING DEEMED NON -RESPONSIVE AND, THEREFORE, NOT FURTHER EVALUATED. PLEASE INCLUDE -THIS COMPLETED PAGE AS THE FIRST PAGE OF YOUR PROPOSAL SUBMITTAL. Orin« %t.�ll� 4V1 (Type or Print Company None) INDEX NOTICE TO OFFERORS GENERAL INSTRUCTIONS TO OFFERORS TEXAS LOCAL GOVERNMENT CODE § 271.116 PROPOSAL SUBMITTAL — (must be submitted by published due date & time) 4-1. UNIT PRICE PROPOSAL SUBMITTAL FORM 4-2. CONTRACTOR'S STATEMENT OF QUALIFICATIONS 4-3. CITY OF LUBBOCK INSURANCE REQUIREMENT AFFIDAVIT 4-4. SAFETY RECORD QUESTIONNAIRE 4-5. SUSPENSION AND DEBARMENT CERTIFICATION 4-6. PROPOSED LIST OF SUB -CONTRACTORS POST -CLOSING DOCUMENT REQUIREMENTS — (to be submitted no later than two business days after the close date when proposals are due) 5-1. FINAL LIST OF SUB -CONTRACTORS PAYMENT BOND PERFORMANCE BOND CERTIFICATE OF INSURANCE CONTRACT 0. GENERAL CONDITIONS OF THE AGREEMENT 1. DAVIS-BACON WAGE DETERMINATIONS 2. SPECIAL CONDITIONS (IF APPLICABLE) 3. SPECIFICATIONS Page Intentionally Left Blank NOTICE TO OFFERORS I Pa2e Intentionally Left Blank NOTICE TO OFFERORS RFP # 08-738-BM Sealed proposals addressed to Bruce MacNair, Public Works Contracting Officer, City of Lubbock, Texas, will be received in the Public Works Contracting Office, Municipal Building, 1625 13th Street, Room 204, Lubbock, Texas, 79401, until 1:00 P.M. on October 29, 2008, 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: "CONCRETE REPAIRS FOR THE 2009 SEAL COAT PROJECT" After the expiration of the time and date above first written, said sealed proposals will be opened in the Public Works Contracting Office and publicly read aloud. It is the sole responsibility of the proposer to ensure that his proposal is actually in the Public Works Contracting Office for the City of Lubbock, before the expiration of the date above first written. Proposals are due at 1:00 P.M. on October 29, 2008 and the City of Lubbock City Council will consider the proposals on November 20, 2008 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 proposals and waive any formalities. The successful proposer will be required to furnish a performance bond in accordance with Chapter 2253, Government Code, in the amount of 100% of the total contract price in the event that said contract price exceeds $100,000 and the successful proposer will be required to furnish a payment bond in accordance with Chapter 2253, Government Code, in the amount of 100% of the total contract price in the event that said contract price exceeds $25,000. Said statutory bonds should be issued by a company carrying a current Best Rating of "A" or better. Offerors are required, whether or not a payment or performance bond is required, to submit a cashier's or certified check issued by a bank satisfactory to the City of Lubbock, or a proposal bond from a reliable surety company, payable without recourse to the order of the City of Lubbock in an amount not less than 5% of the total amount of the proposal submitted as a guarantee that proposer will enter into a contract and execute all necessary bonds (if required) within ten (10) business days after notice of award of the contract to him. FAILURE OF THE PROPOSER TO INCLUDE PROPOSAL SECURITY WITH THE PROPOSAL SUBMITTAL SHALL CONSTITUTE A NON -RESPONSIVE PROPOSAL AND RESULT IN DISQUALIFICATION OF THE PROPOSAL SUBMITTAL. It shall be each proposer's sole responsibility to inspect the site of the work and to inform 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 proposal submitted. There will be a non -mandatory pre -proposal conference on October 14, 2008 at 9:00 A. M. in the Municipal Buildine Committee Room 103,1625131h Street, Lubbock, Texas. Offerors may view the plans and specifications without charge at The Reproduction Company, 2102 Avenue Q, Lubbock, Texas 79405 or at http:;/pr.thcrcproductioncompany.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 of the opening of Proposals. Additional sets of plans and specifications may be obtained at the proposer's expense. a f Attention of each proposer is particularly called to the schedule of general prevailing rate of per diem wages included in the contract documents on file in the office of the Public Works Contracting Officer of the City of Lubbock, which document is specifically referred to in this notice to offerors. Each offerors attention is further directed to Texas Government Code, Chapter 2258, Prevailing Wage Rates, and the requirements contained therein concerning the above wage scale and payment by the contractor of the prevailing rates of wages as heretofore established by owner in said wage scale. The City of Lubbock hereby notifies all offerors that in regard to any contract entered into pursuant to this advertisement, minority and women business enterprises will be afforded equal opportunities to submit proposals in response to this invitation and will not be discriminated against on the grounds of race, color, sex, disability, or national origin in consideration for an award. The City of Lubbock does not discriminate against persons with disabilities. City of Lubbock pre - proposal meetings and proposal openings are available to all persons regardless of disability. If you require special assistance, please contact the Public Works Contracting Office at (806) 775-2163 or write to Post Office -% Box 2000, Lubbock, Texas 79457 at least 48 hours in advance of the meeting. CITY OF LUBBOCK Vizuce %cZain BRUCE MACNAIR, PUBLIC WORKS CONTRACTING OFFICER GENERAL INSTRUCTIONS TO OFFERORS Pa2e Intentionally Left Blank �a GENERAL INSTRUCTIONS TO OFFERORS 1 PROPOSAL DELIVERY, TIME & DATE The City of Lubbock is seeking written and sealed competitive proposals to furnish CONCRETE REPAIRS FOR THE 2009 SEAL COAT PROJECT per the attached specifications and contract documents. Sealed proposals will be received no later than 1:00 P.M., October 29, 2008 at the office listed below. Any proposal received after the date and hour specified will be rejected and returned unopened to the proposer. Each proposal and supporting documentation must be in a sealed envelope or -hand corner: "RFP # 08-738-BM, Concrete Repairs for the container plainly labeled in the lower left 2009 Seal Coat Project" and the proposal opening date and time. Offerors must also include their company name and address on the outside of the envelope or container. Proposals must be addressed to: Bruce MacNair, Public Works Contracting Officer City of Lubbock 1625 13th Street, Room 204 Lubbock, Texas 79401 1.1 Offerors are responsible for making certain proposals are delivered to the Public Works ui Contracting Office. Mailing of a proposal does not ensure that it will be delivered on time or delivered at all. If proposer does not hand deliver proposal, we suggest that he/she use some sort of delivery service that provides a receipt. M11.2 Proposals will be accepted in person, by United States Mail, by United Parcel Service, or by private courier service. No proposals will be accepted by oral communication, telephone, electronic mail, telegraphic transmission, or telefacsimile transmission. THE CITY WILL NOT ACCEPT FAX PROPOSALS. 1.3 The City of Lubbock reserves the right to postpone the date and time for opening proposals through an addendum. 2 PRE -PROPOSAL MEETING 2.1 For the purpose of familiarizing offerors with the requirements, answering questions, and issuing addenda as needed for the clarification of the Request for Proposals (RFP) documents, a non - Room 103, 1625 13th Street, Lubbock, Texas. All persons attending the meeting will be asked to identify themselves and the prospective proposer they represent. 2.2 It is the proposer's responsibility to attend the pre -proposal meeting though the meeting is not mandatory. The City will not be responsible for providing information discussed at the pre - proposal meeting to offerors who do not attend the pre -proposal meeting. 3 ADDENDA & MODIFICATIONS 3.1 Any changes, additions, or clarifications to the RFP are made by ADDENDA information available over the Internet at www.bidsync.com. We strongly suggest that you check for any y addenda a minimum of forty-eight hours in advance of the response deadline. BUSINESSES WITHOUT INTERNET ACCESS may use computers available at most public libraries. 3.2 Any proposer in doubt as to the true meaning of any part of the specifications or other documents may request an interpretation thereof from the Public Works Contracting Office. At the request of the proposer, 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 4 5 Contracting Office. Such addenda issued by the Public Works Contracting Office will be !f available over the Internet at http://www.bidsync.com and will become part of the proposal package having the same binding effect as provisions of the original RFP. NO VERBAL EXPLANATIONS OR INTERPRETATIONS WILL BE BINDING. In order to have a request for interpretation considered, the request must be submitted in writing and must be received by the City of Lubbock Public Works Contracting Office no later than five (5) calendar days before the proposal closing date. 3.3 All addenda, amendments, and interpretations of this solicitation shall be in writing. The City of Lubbock shall not be legally bound by any amendment or interpretation that is not in writing. r Only information supplied by the City of Lubbock Public Works Contracting Office in writing or a in this RFP should be used in preparing proposal responses. All contacts that a proposer may have had before or after receipt of this RFP with any individuals, employees, or representatives of the City and any information that may have been read in any news media or seen or heard in any communication facility regarding this proposal should be disregarded in preparing responses. 3.4 The City does not assume responsibility for the receipt of any addendum sent to offerors. EXAMINATION OF DOCUMENTS AND REQUIREMENTS 4.1 Each proposer shall carefully examine all RFP documents and thoroughly familiarize itself with all requirements before submitting a proposal to ensure that their proposal meets the intent of these specifications. 4.2 Before submitting a proposal, each proposer shall be responsible for making all investigations and examinations that are necessary to ascertain conditions and requirements affecting the requirements of this Request for Proposals. Failure to make such investigations and tj examinations shall not relieve the proposer from obligation to comply, in every detail, with all provisions and requirements of the Request for Proposals. 4.3 Notices of any discrepancies or omissions in these plans, specifications, or contract" documents, shall be given to the Public Works Contracting Officer and a clarification obtained before the proposals are received, and if no such notice is received by the Public Works Contracting Officer prior to the opening of proposals, then it shall be deemed that the proposer fully understands the work to be included and has provided sufficient sums in its proposal to complete the work in accordance with these plans and specifications. If proposer does not notify the Public Works Contracting Officer before offering of any discrepancies or omissions, then it shall be deemed for all purposes that the plans and specifications are sufficient and adequate for completion of the project. It is further agreed that any request for clarification must be submitted no later than five (5) calendar days prior to the opening of proposals. PROPOSAL PREPARATION COSTS 5.1 Issuance of this RFP does not commit the City of Lubbock, in any way, to pay any costs incurred in the preparation and submission of a proposal. # 5.2 The issuance of this RFP does not obligate the City of Lubbock to enter into contract for any services or equipment. 5.3 All costs related to the preparation and submission of a proposal shall be paid by the proposer. 6 .; 7 8 9 10 11 1 TRADE SECRETS CONFIDENTIAL INFORMATION AND THE TEXAS PUBLIC INFORMATION ACT 6.1 If you consider any portion of your proposal to be privileged or confidential by statute or judicial decision, including trade secrets and commercial or financial information, clearly identify those portions. 6.2 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 proposal 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 proposal 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 proposal CONFIDENTIAL/PROPRIETARY is not in conformance with the Texas Open Records Act. LICENSES PERMITS, TAXES The price or prices for the work shall include full compensation for all taxes, permits, etc. that the proposer is or may be required to pay. UTILIZATION OF LOCAL BUSINESS RESOURCES Prospective offerors are strongly encouraged to explore and implement methods for the utilization of local resources, and to outline in their proposal submittal how they would utilize local resources. CONFLICT OF INTEREST 9.1 The proposer shall not offer or accept gifts or anything of value nor enter into any business arrangement with any employee, official or agent of the City of Lubbock. 9.2 By signing and executing this proposal, the proposer certifies and represents to the City the offeror has not offered, conferred or agreed to confer any pecuniary benefit or other thing of value for the receipt of special treatment, advantage, information, recipient's decision, opinion, recommendation, vote or any other exercise of discretion concerning this proposal. CONTRACT DOCUMENTS 10.1 All work covered by the contract shall be done in accordance with contract documents described in the General Conditions. 10.2 All offerors shall be thoroughly familiar with all of the requirements set foiih on the contract documents for the construction of this project and shall be responsible for the satisfactory completion of all work contemplated by said contract documents. PLANS FOR USE BY OFFERORS It is the intent of the City of Lubbock that all parties with an interest in submitting a proposal on the project covered by the contract documents be given a reasonable opportunity to examine the documents and prepare a proposal without charge or forfeiture of deposit. The contract documents may be , examined without charge as noted in the Notice to Offerors. 12 PROPOSER INQUIRIES AND CLARIFICATION OF REQUIREMENTS 12.1 It is the intent and purpose of the City of Lubbock that this request permits P rp y q p competitive proposals. It shall be the offerors responsibility to advise the Public Works Contracting Officer if any langualge, requirements, etc., or any combinations thereof, inadvertently restricts or limits the requirements stated in this RFP to a single source. Such notification must be submitted in writing and must be received by the City of Public Works Contracting Office no later than five (5) calendar days before the proposal closing date. A review of such notifications will be made. 12.2 NO PROPOSER SHALL REQUEST ANY INFORMATION VERBALLY. ALL REQUESTS FOR ADDITIONAL INFORMATION OR CLARIFICATION CONCERNING THIS REQUEST FOR PROPOSALS (RFP) MUST BE SUBMITTED IN WRITING NO LATER THAN FIVE (5) CALENDAR DAYS PRIOR TO THE PROPOSAL CLOSING DATE AND ADDRESSED TO: Bruce MacNair, Public Works Contracting Officer City of Lubbock Public Works Contracting Office 1625 131h Street, Room 204 Lubbock, Texas 79401 Fax: 806-775-2164 Email: bmacnair(a)Mylubbock.us Bidsync: www.bidsvnc.com 13 TIME AND ORDER FOR COMPLETION 13.1 The construction covered by the contract documents shall be substantially completed within 1 TWO HUNDRED (200) CONSECUTIVE CALENDAR DAYS from the date specified in the Notice to Proceed issued by the City of Lubbock to the successful proposer. 13.2 The Contractor will be permitted to prosecute the work in the order of his own choosing, provided, however, the City reserves the right to require the Contractor to submit a progress r schedule of the work contemplated by the contract documents. In the event the City requires a progress schedule to be submitted, and it is determined by the City that the progress of the work is not in accordance with the progress schedule so submitted, the City may direct the Contractor to take such action as the City deems necessary to ensure completion of the project within the time specified. 14 PAYMENT All payments due to Contractor shall be made in accordance with the provisions of the General Conditions of the contract documents. f 15 AFFIDAVITS OF BILLS PAID The City of Lubbock reserves the right, prior to final acceptance of this project to require the Contractor ' { to execute an affidavit that all bills for labor, materials and incidentals incurred in the construction of the 4 r 3 improvements contemplated by the contract documents have been paid in full and that there are no claims pending, of which the Contractor has been notified. 16 MATERIALS AND WORKMANSHIP The intent of these contract documents is that only materials and workmanship of the best quality and grade will be furnished. The fact that the specifications may fail to be sufficiently complete in some detail will not relieve the Contractor of full responsibility for providing materials of high quality and for protecting them adequately until incorporated into the project. The presence or absence of a representative of the City on the site will not relieve the Contractor of full responsibility of complying with this provision. The specifications for materials and methods set forth in the contract documents provide minimum standards of quality, which the Owner believes necessary to procure a satisfactory project. 17 GUARANTEES 17.1 All equipment and materials incorporated in the project and all construction shall be guaranteed against defective materials and workmanship. Prior to final acceptance, the Contractor shall furnish to the Owner, a written general guarantee which shall provide that the Contractor shall remedy any defects in the work, and pay for any and all damages of any nature whatsoever resulting in such defects, when such defects appear within ONE year from date of final acceptance of the work as a result of defective materials or workmanship, at no cost to the Owner (City of Lubbock). 17.2 Notwithstanding any provisions contained in the contractual agreement, the Contractor represents and warrants fault -free performance and fault -free result in the processing date and date -related data (including, but not limited to calculating, comparing and sequencing) of all hardware, software and firmware products delivered and services provided under this Contract, individually or in combination, as the case may be from the effective date of this Contract. Also, the Contractor warrants calculations will be recognized and accommodated and will not, in any way, result in hardware, software or firmware failure. The City of Lubbock, at its sole option, may require the Contractor, at any time, to demonstrate the procedures it intends to follow in order to comply with all the obligations contained herein. 17.3 The obligations contained herein apply to products and services provided by the Contractor, its sub -contractor or any third party involved in the creation or development of the products and services to be delivered to the City of Lubbock under this Contract. Failure to comply with any of the obligations contained herein, may result in the City of Lubbock availing itself of any of its rights under the law and under this Contract including, but not limited to, its right pertaining to termination or default. 17.4 The warranties contained herein are separate and discrete from any other warranties specified in this Contract, and are not subject to any disclaimer of warranty, implied or expressed, or limitation to the Contractor's liability which may be specified in this Contract, its appendices, its schedules, its annexes or any document incorporated in this Contract by reference. 18 PLANS FOR THE CONTRACTOR The contractor will, upon written request, be furnished up to 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. 3 19 20 21 22 23 PROTECTION OF THE WORK ! The Contractor shall be responsible for the care, preservation, conservation, and protection of all materials, supplies, machinery, equipment, tools, apparatus, accessories, facilities, and all means of construction, and any and all parts of the work whether the Contractor has been paid, partially paid, or not paid for such work, until the date the City issues its certificate of completion to Contractor. The City reserves the right, after the proposals have been opened and before the contract has been awarded, to require of a proposer the following information: (a) The experience record of the proposer showing completed jobs of a similar nature to the one covered by the intended contract and all work in progress with bond amounts and percentage U completed. (b) A sworn statement of the current financial condition of the proposer. (c) Equipment schedule. 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. 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. 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. 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 proposer shall be required to have a responsible local representative available at all times while the work is in progress under this contract. The successful proposer shall be required to furnish the name, address and telephone number where such local representative may be reached during the time that the work contemplated by this contract is in progress. 25 INSURANCE 25.1 The Contractor shall not commence work under this contract until he has obtained all insurance as required in the General Conditions of the contract documents, from an underwriter authorized to do business in the State of Texas and satisfactory to the City. Proof of coverage shall be furnished to the City and written notice of cancellation or any material change will be provided ten (10) days in advance of cancellation or change. All policies shall contain an agreement on the part of the insurer waiving the right to subrogation. The Contractor shall procure and carry at his sole cost and expense through the life of this contract, insurance protection as hereinafter specified. Coverage in excess of that specified herein also shall be acceptable. Such insurance shall be carried with an insurance company authorized to transact business in the State of Texas and shall cover all operations in connection with this contract, whether performed by the Contractor or a subcontractor, or separate policies shall be provided covering the operation of each subcontractor. A certificate of insurance specifying each and all coverages shall be submitted before contract execution. 25.2 PROOF OF COVERAGE SHALL BE FURNISHED TO THE CITY OF LUBBOCK IN THE FORM OF A CERTIFICATE OF INSURANCE. THE INSURANCE CERTIFICATES FURNISHED SHALL NAME THE CITY OF LUBBOCK AS 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. 26 LABOR AND WORKING HOURS 26.1 Attention of each proposer is particularly called to the schedule of general prevailing rate of per diem wages included in these contract documents. The wage rate that must be paid on this project shall not be less than specified in the schedule of general prevailing rates of per diem wages as above mentioned. The proposer' attention is further directed to the requirements of Texas Government Code, Chapter 2258, Prevailing Wage Rates, providing for the payment of the wage schedules above mentioned and the proposer's obligations thereunder. The inclusion of 7 the schedule of general prevailing rate of per diem wages in the contract documents does not release the Contractor from compliance with any wage law that may be applicable. Construction work under this contract requiring an inspector will not be performed on weekends or holidays unless the following conditions exist: 26.1.1 The project being constructed is essential to the City of Lubbock's ability to provide the necessary service to its citizens. 26.1.2 Delays in construction are due to factors outside the control of the Contractor. The 3 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 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. 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 Proposals submitted containing any conditions which provide for changes in the stated proposal price due to increases or decreases in the cost of materials, labor or other items required for the project will be rejected and Yeturned to the proposer without being considered. 29 PREPARATION FOR PROPOSAL 29.1 The proposer shall submit his proposal on forms furnished by the City. All blank spaces in the form shall be correctly filled in and the proposer 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. 1 30 31 I 29.2 If the proposal is submitted by an individual, his name must be signed by him or his duly authorized agent. If a proposal is submitted by a firm, association, or partnership, the name and address of each member must be given and the proposal signed by a member of the firm, association or partnership, or person duly authorized. If the proposal is submitted by a company or corporation, the company or corporate name and business address must be given, and the proposal signed by an official or duly authorized agent. Powers of attorney authorizing agents or others to sign proposals must be properly certified and must be in writing and submitted with the proposal. The proposal shall be executed in ink. 29.3 Each proposal shall be enclosed in a sealed envelope, addressed as specified in the Notice to Offerors, and endorsed on the outside of the envelope in the following manner: 28.3.1 Proposer's name 28.3.2 Proposal for (description of the project [proposal number and title)). 29.4 Proposal submittals may be withdrawn and resubmitted at any time before the time set for opening of the proposals, but no proposal may be withdrawn or altered thereafter. 29.5 Pursuant to Texas Local Government Code 252.043(g), a competitive sealed proposal that has been opened may not be changed for the purpose of correcting an error in the proposal price. THEREFORE, ANY CORRECTIONS TO THE PROPOSAL PRICE MUST BE MADE ON THE PROPOSAL SUBMITTAL FORM PRIOR TO PROPOSAL OPENING. BOUND COPY OF CONTRACT DOCUMENTS Proposer understands and agrees that the contract to be executed by proposer shall be bound and include the following: (a) Notice to Offerors. (b) General Instructions to Offerors. (c) Proposer's Submittal. (d) Statutory Bonds (if required). (e) Contract Agreement. (f) General Conditions. (g) Special Conditions (if any). (h) Specifications. (i) Insurance Certificates for Contractor and all Sub -Contractors. (j) All other documents made available to proposer for his inspection in accordance with the Notice to Offerors. If Plans and Specifications are too bulky or cumbersome to be physically bound, they are to be considered incorporated by reference into the aforementioned contract documents. QUALIFICATIONS OF OFFERORS The proposer may be required before the award of any contract to show to the complete satisfaction of the City of Lubbock that it has the necessary facilities, ability, and financial resources to provide the service specified therein in a satisfactory manner. The proposer may also be required to give a past history and references in order to satisfy the City of Lubbock about the proposer's qualifications. The City of Lubbock may make reasonable investigations deemed necessary and proper to determine the 9 32 33 ability of the proposer to perform the work, and the proposer shall furnish to the City of Lubbock all information for this purpose that may be requested. The proposer's proposal may be deemed not to meet specifications or the proposal may be rejected if the evidence submitted by, or investigation of, the proposer fails to satisfy the City of Lubbock that the proposer is properly qualified to carry out the obligations of the contract and to complete the work described therein. Evaluation of the proposer's qualifications shall include but not be limited to: (a) The ability, capacity, skill, and financial resources to perform the work or provide the service required. (b) The ability of the proposer to perform the work or provide the service promptly or within the time specified, without delay or interference. (c) The character, integrity, reputation, judgment, experience, and efficiency of the proposer. (d) The quality of performance of previous contracts or services. (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. BASIS OF PROPOSALS AND SELECTION CRITERIA The City of Lubbock will use the Competitive Sealed Proposals procurement method as authorized by the Texas Legislature and further defined by Texas Local Government Code Section 271.116. The selection criteria used to evaluate each proposal will include the following: 32.1 70% Price. 32.2 20% Contractor qualifications. Complete and submit the "Contractor's Statement of Qualifications". City shall have an opportunity to interview the job superintendent at a time to be named after receipt of proposals. 32.3 5% Safety Record Questionnaire. 32.4 5% Construction time. The estimated budget for the construction phase of this project is $ 1,250,000. Proposals shall be made using the enclosed Proposal Submittal Form. SELECTION 33.1 Selection shall be based on the responsible offeror whose proposal is determined to be the most advantageous to the City of Lubbock considering the relative importance of evaluation factors included in this RFP. 33.2 NO INDIVIDUAL OF ANY USING DEPARTMENT HAS THE AUTHORITY TO LEGALLY ' AND/OR FINANCIALLY COMMIT THE CITY TO ANY CONTRACT, AGREEMENT OR 10 I - _ PURCHASE ORDER FOR GOODS OR SERVICES, UNLESS SPECIFICALLY SANCTIONED BY THE REQUIREMENTS OF THIS REQUEST FOR PROPOSAL. 33.3 The City shall select the offeror that offers the best value for the City based on the published selection criteria and on its ranking evaluation. The City shall first attempt to negotiate a contract with the selected offeror. The City and its engineer or architect may discuss with the selected offeror options for a scope or time modification and any price change associated with the modification. If the City is unable to negotiate a contract with the selected offeror, the City shall, formally and in writing, end negotiations with that offeror and proceed to the next offeror in the order of the selection ranking until a contract is reached or all proposals are rejected. 33.4 In determining best value for the City, the City is not restricted to considering price alone, but may consider any other factor stated in the selection criteria. a 33.5 A proposal will be subject to being considered irregular and may be rejected if it shows omissions, alterations of form, conditional alternate proposals, additions or alternates in lieu of the items specified, if the unit prices are obviously unbalanced (either in excess of or below reasonably expected values), or irregularities of any kind " 34. ANTI -LOBBYING PROVISION 34.1 DURING THE PERIOD BETWEEN 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. 34.2 This provision is not meant to preclude bidders from discussing other matters with City Council members or City staff. This policy is intended to create a level playing field for all potential bidders, assure that contract decisions are made in public, and to protect the integrity of the bid process. Violation of this provision may result in rejection of the bidder's bid. 35 PREVAILING WAGE RATES 35.1 Offerors are required to comply with Texas Government Code, Chapter 2258, Prevailing Wage Rates, with respect to the payment of prevailing wage rates for the construction of a public work, including a building, highway, road, excavation, and repair work or other project development or improvement, paid for in whole or in part from public funds, without regard to whether the work is done under public supervision or direction. A worker is employed on a public work if the worker is employed by the contractor or any subcontractor in the execution of the contract for the project. 35.2 A worker employed on a public work by or on behalf of the City of Lubbock shall be paid not less than the general prevailing rate of per diem wages for the work of a similar character in the 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. 35.3 The State of Texas has adopted the Federal Davis -Bacon wage rates for use in Texas pursuant to 11 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: r-1 http://www.gt)o..gov/davisbacon/allstates.html 35.4 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. 11 35.5 A contractor or subcontractor who violates Texas Government Code Section 2258.023 shall pay to the City of Lubbock $60 for each worker employed for each calendar day or part of the day that the worker is paid less than the wage rates stipulated in the contract. 12 1 TEXAS LOCAL GOVERNMENT CODE 4 271.116 SELECTING CONTRACTOR FOR CONSTRUCTION SERVICES THROUGH COMPETITIVE SEALED PROPOSALS Pame Intentionally Left Blank t ' 6V § 271.116 SELECTING CONTRACTOR FOR CONSTRUCTION SERVICES THROUGH COMPETITIVE SEALED PROPOSALS (a) In selecting a contractor through competitive sealed proposals for construction, rehabilitation, alteration, or repair services for a facility or for construction of a project to which Section 252.043(d-1) applies, a governmental entity shall follow the procedures prescribed by this section. (a-1) In this section "facility" means an improvement to real property. (b) The governmental entity shall select or designate an engineer or architect to prepare construction documents for the project. The selected or designated engineer or architect has full responsibility for complying with Chapter 1001 or 1051, Occupations Code, as applicable. If the engineer or architect is not a full-time employee of the governmental entity, the governmental entity shall select the engineer or architect on the basis of demonstrated competence and qualifications as provided by Section 2254.004, Government Code. (c) The governmental entity shall provide or contract for, independently of the contractor, the inspection services, the testing of construction materials engineering, and the verification testing services necessary for acceptance of the facility or project by the governmental entity. The governmental entity shall select those services for which it contracts in accordance with Section 2254.004, Government Code, and shall identify them in the request for proposals. (d) The governmental entity shall prepare a request for competitive sealed proposals that includes construction documents, selection criteria, estimated budget, project scope, schedule, and other information that contractors may require to respond to the request. The governmental entity shall state in the request for proposals the selection criteria that will be used in selecting the successful offeror. (e) The governmental entity shall receive, publicly open, and read aloud the names of the offerors and, if any are required to be stated, all prices stated in each proposal. Not later than the 45th day after the date of opening the proposals, the governmental entity shall evaluate and rank each proposal submitted in relation to the published selection criteria. (f) The governmental entity shall select the offeror that offers the best value for the governmental entity based on the published selection criteria and on its ranking evaluation. The governmental entity shall first attempt to negotiate a contract with the selected offeror. The governmental entity and its engineer or architect may discuss with the selected offeror options for a scope or time modification and any price change associated with the modification. If the governmental entity is unable to negotiate a contract with the selected offeror, the governmental entity shall, formally and in writing, end negotiations with that offeror and proceed to the next offeror in the order of the selection ranking until a contract is reached or all proposals are rejected. (g) In determining best value for the governmental entity, the governmental entity is not restricted to considering price alone, but may consider any other factor stated in the selection criteria. Page Intentionally Left Blank PROPOSAL SUBMITTAL FORM Pap-e Intentionally Left Blank PROPOSAL SUBMITTAL FORM ` UNIT PRICE PROPOSAL CONTRACT DATE: ill -29-d ly PROJECT NUMBER: RFP # 09-738-BM - CONCRETE REPAIRS FOR THE 2009 SEAL COAT PROJECT Proposal of;--��, o n i e 4--�1niPill' no' n�. (hereinafter called Offeror) To the Honorable Mayor and City Council City of Lubbock, Texas (hereinafter called Owner) Ladies and Gentlemen: The Offeror, in compliance with your Request for Proposals for the construction of a CONCRETE REPAIRS FOR THE 2009 SEAL COAT PROJECT having carefully examined the plans, specifications instructions to offerors, notice to offerors and all other related contract documents and the site of the intended work, and being familiar with all of the conditions surrounding the construction of the intended project including the availability of materials and labor, hereby intends to furnish all labor, nuteriafs, and supplies; and to construct the project in accordance with the plans, specifications and contract docurrarts, within the time set forth therein and at the price stated below. The price to cover all expenses incurred in performing the work required under the contract documents. Estimated item Quantity No. & Unit Description of Item Total Amount 1. 2,750 SY Concrete intersection, 8" reinforced Class E Concrete (3,000 psi@24 hoursxsee section 2, item 10 of the Specifications for information); including labor, equipment, removal and disposal of existing material, subgrade preparation, complete in place. 40IiG. Am ndlr'4 fsr-y ti0((Rrf TOTAL ITEM #1:_ aKd AcCer.15 S /4,0. D4(SY 3g�c (Unit Prix Amomrb sbag be shaves is bolt words a.a asnerair !a ease of decrepmrry, the amoral slow. i. Wnh shag g VMW ) 2. 950 LF 30" Curb and Gutter, Class B(3,000 psi@7 Days) 30' wide separate gutter or Saw -tooth curb & gutter, including labor, equipment, removal and disposal of existing material, subgrade preparation, complete in place. TOTAL ITEM #2: FJ4V dlllkes 4z CI S S 5o O° JLF ( qz 500,�° ) (Unit Price Amosabshown in both words sad amaerak. n case of di v repoxy. the amwmt shows in weds shag govern.) 3. 1,850 SY Valley Gutters and Fillets, r reinforced Class B concrete (3,000 psi @ 7 days) (see section 2, item 10 of the specifications for reinforcement information); including Labor, equipment, removal and disposal of existing material, subgrade preparation, complete in place. 6le. li4h 4 Pi ve c10krrs TOTAL ITEM #3:_ a-xd no r e, s S_ ADS. °O l3Y C 19 � ;2 SU: a hm Price Amomrb shag be Jm%m in bad words sad rtm=vk. is case of do aepmrcy, the amotw stown inwords sW gamma. ) Offeror's Initials Estimated Item Quantity r�. r No. & Unit Description of Item Total Amount ' a, 4. 3,950 SY Placement of 2 sack flowable fill 6" depth, including labor, equipment, removal and disposal of asphaltic surface, caliche base and subgrade (if soft or unstable) to depth of 7 %, "and replacing with 6" of 2 sack flowable fill. TOTAL ITEM #4: v '� wry -,$ 72�, °O /SY _ (Unit Price Amounts sin@ be khown in bock words ad samerak In case of the atmoeat shown a wads shag goyim.) 5. 3,950 SY Patching 1 %, H.M.A.C.; with approved crushed gravel, including labor, equipment, removal and disposal of existing surface,(if applicable), including prime and tack coat. TOTAL ITEM #5: r-0 r� 4/ do 114rs 4 no NUN $ C16 T /SY ( _�06 6.�� ) (Unit Price Amounts shag An" in both words and mnnaals. to an of discrepancy; the amount shown it words shag govern.) 6. 1,930 SF Concrete slab removal and disposal, including labor, equipment, removal and disposal of concrete surface. l TOTAL ITEM #6:-n;h-deilars 4.Flgc, 3S �%$° /SF (Unit Pries Amounts shaft be shown in both wads and numerals. in ease of d®agtarwy, the amount shown in words stun govern.) rill 7. 1,400 SF Reinforced concrete and truncated dome brick handicapped ramp, as detailed, including all necessary earthwork preparation and removal of all obstacles as needed. installed and complete. 7"we.iy- twv 4#174r3 TOTAL ITEM #7: a,,,d (Unit Prim Amounts sbag he�sha n both wads aed numerals. to ease of discrepancy, the mtaxK sbw* m in words sw a varo.) 8. 1,760 SF Concrete flatwork 4" reinforced Class A concrete (3,000 psi@28days) (see section 2, item 10 of the specifications for reinforcement information); including labor, equipment, subgrade preparation, complete in place. TOTAL ITEM #8: C le►4% Jo H* n 4 71aR,...t_ S ll. — /SF (Unit Prim Amounts shag be shown in bolt wank and awnersk Is case ofdiscr�, the amount shows in worthy shag govern.) 9. 350 LF 6" thick reinforced concrete retaining wall, various heights Class A concrete (3000 psi@28 days) (see section 2, item 10 of the specifications for reinforcement } [_ information); including labor, equipment, subgrade preparation, complete in place. t�Ae �k+•ctrtd f��� d'ttrrf t � "TOTAL ITEM #9: /LF (Dart Price Amounts shag be shown in both wads and rwmerads. f9 use of disraxopaacy, the sa ww shown is words shag govern.) r t ' l Offeror's Initials f TOTAL PROPOSAL, ITEMS #1- #9: t l i t � r MATERIALS: - e J Jr t> ,T LABOR:Six Lnd a forfg- ur ♦l asanA e;gki: 64iJeed gg 5'9b TOTAL PROPOSAL jj J 1 ITEMS #I-#9:Qhe n,�1h axe YW��ne.�SeVC1NU-7/�ln„�c�.� fiarh %Jiir'EJiveC�i�(?,,I �, 17�r���"J�.� (Unit Price Amounts shop be shown in both words and mnnerats. to case ot'discrepancy, the wrwum s"n.ka" s#Q ftvan.! Offeror hereby agrees to commence the work on the above project on a date to be specified in a written 'Notice to Proceed" of the Owner and to substantially complete the project within ( 190 ) # Dates, Completed by Contractor ( (fin r- nurse a n i yv4y dzV s ) Written Days Completed by Contractor CONSECUTIVE CALENDAR DAYS thereafter as stipulated in the specifications and other contract documents. Offeror hereby further agrees to pay to Owner as liquidated damages the sum of $1.000 LONE THOUSAND DOLLARS and 00/1001 for each consecutive calendar day in excess of the time set forth herein above for completion of this project, all as more fully set forth in the general conditions of the contract documents. Offeror understands and agrees that this proposal submittal shall be completed and submitted in accordance with instruction number 29 of the General Instructions to Offerors. Offeror understands that the Owner reserves the right to reject any or all proposals and to waive any formality in the proposing. The Offeror agrees that this proposal shall be good for a period of sixty (60) calendar days after the scheduled closing time for receiving proposals. The undersigned Offeror hereby declares that he has visited the site of the work and has carefully examined the plans, specifications and contract documents pertaining to the work covered by this proposal, and he further agrees to commence work on the date specified in the written notice to proceed, and to substantially complete the work on which he has proposed, as provided in the contract documents. Offerors are required, whether or not a payment or performance bond is required, to submit a cashier's check or certified check issued by a bank satisfactory to the City of Lubbock, or a proposal bond from a reliable surety company, payable without recourse to the order of the City of Lubbock in an amount not less than five percent (501s) of the total amount of the proposal submitted as a guarantee that offeror will tauter into a contract, obtain all required insurance policies, and execute all nary bonds (if required) within ten (10) days after notice of award of the conwwt to him. Ott'eroes Initials Enclosed with this proposal is a Cashier's Cheek or Certified Check for Dollars ($_ ) or a Proposal Bond in the sure of 5% D*Nm (S ). which it is agreed shall be collected and retained by the Owner as liquidated damages in the event the proposal is accepted by the Owner and the undersigned fails to execute the necessary contract documents, insurance certificates, and the required bond (if any) with the Owner within ten (10) business days after the date of receipt of written notification of acceptance of said proposal; otherwise, said check or bond shall be returned to the undersigned upon demand. Offeror understands and agrees that the contract to be executed by Ofi'eror shall be bound and include all contract documents made available to him for his inspection in accordance with the Notice to Offerors. Pursuant to Texas Local Government Code 252.043(a), a competitive sealed proposal that has been opened may not be changed for the purpose of correcting as error in the proposal price. THEREFORE, ANY CORRECTIONS TO THE PROPOSAL PRWE MUST BE MADE ON THE PROPOSAL SUBMITTAL FORM PRIOR TO PROPOSAL OPENING. (Seal if Offeror. is a Corporation) ATTEST: L r; ., tau •�- �1 20�.! Secretary Offeror acknowledges receipt of the following addenda: Addenda No. Date D�ooF Addenda No. Date Addenda No. Date Addenda No. Date Date:_ M -.Z9 - D Authorized Siigg"kire 1 ahnir. L u 4W (Printed or Typed Name) t `% O n nir i1nJ it it sf'rt Company Address //r City, County State Zip Code Telephone: ` 04 -? cf ,?- / y,7,7 Fax: 8'0 4 - 7Y S'- ea/D6Q - CITY OF LUBBOCK CONTRACTOR'S STATEMENT OF QUALIFICATIONS RFP # 08-138-BM CONCRETE REPAIRS FOR THE 2009 SEAL COAT PROJECT Candidates must complete each of the followingitemsin order to be considered. I. FIRM NAME: %Pamk%i�Za AH) TaLli 2. BUSINESS ADDRESS: l G 0 k P7L,& R1,1a ki, LkncJ, Tx '79yvy 3. TELEPHONE, WITH AREA CODE: $66 - qq,f- /F77 FAX, WITH AREA CODE: , 9,04 - & 0 4.6 E MAIL ADDRESS: a h?) P a Vina 0 n Q r 6 INTERNET URL ADDRESS: 4. TYPE OF ORGANIZATION: (CHECK ONE) a. SOLE PROPRIETORSHIP (Q) b. PARTNERSHIP (LT) c. CORPORATION (W d. JOINT VENTURE (0) 5. PRINCIPALS (P) AND ASSOCIATES (A): (WRITE " P" OR "A" FOR EACH) DEGREE OR P NAME PIA CERTIFICATE INSTITUTION a-_/,OKnIG 7,aAN) d 6. 7. CITY OF LUBBOCK CONTRACTOR'S STATEMENT OF QUALIFICATIONS CONTINUED LIST 5 MAJOR PROJECTS WITHIN THE PAST THREE YEARS THAT ILLUSTRATE YOUR EXPERIENCE WITI �s PROJECT OWNER YEAR COST CnCrciG. c l*tf a b. i?p, , j ij e C'cr d. ij .,�rs1+anCtp t� �Qr k �sr� aoo9 `� r REFERENCES: (INCLUDE AT LEAST THREE REFERENCES FROM THREE PROJECTS SIMILAR TO THE ONE FOR WHICH Y NAME RELATIONSHIP PHONE NUMBER i a - ��< <r 8oG• 7�� Gala b. C.�ian�„.,,.cC�7R�S�SC��t� �`•a�amtr T�i%-' .J%�.' U[r�G_ �� � i SUBMFiTED BY: gn Si ature: d Date: Printed Name:: a ►ta Title: ��r_•r& r,: Firm Name: -Pe nn�GaN i Tel Address: i7 1 � k 1 VW bh— _ P i4 City: �• o State: Zi 5=0 t I I �i CITY OF LUBBOCK INSURANCE REQUIREMENT AFFIDAVIT To Be Completed by Offeror and Agent Must be submitted with Proposal I, the undersigned Offeror, certify that the insurance requirements contained in this proposal document have been reviewed by me 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 proposal. -� _ Lana Zahn _ --- Contractor)(OriginalC nature) Contractor (Print) CONTRACTOR'S FIRM NAME: Ronnie Zahn Pavin[t, (Print or Type) CONTRACTOR'S FIRM ADDRESS:6608 MLK Blvd _ Lubbock Tx 79404 Name of Agent/Broker: Alan Henry Ins -.A enc Agent l Broker (Si azure) t1f' Address of Agent/Broker: 1407 19'" Street City/State/Zip: Lubbock Tx 79410 _. Agent/Broker Telephone Number: ( $06 ) 792 3771__ Date:.10-28-08 NOTE TO CONTRACTOR If the time requirement specified above is not met, the City has the right to reject this proposal and award the contract to another contractor. If you have any questions concerning these requirements, please contact the Public Works Contracting Officer for the 21 of Lubbock at (806) 775-2163. PROPOSAL # 08-738-BM - CONCRETE REPAIRS FOR THE 2009 SEAL COAT PROJECT 1 SAFETY RECORD QUESTIONNAIRE The City of Lubbock City Council desires to avail itself of the benefits of Section 252.0435 of the Local Government Code, and consider the safety records of potential contractors prior to awarding proposals on City contracts. Pursuant to Section 252.0435 of the Local Government Code, City of Lubbock. has adopted the following written definition and criteria for accurately determining the safety record of a proposer prior to awarding proposals on City contracts. The definition and criteria for determining the safety record of a proposer for this consideration shall be: The City of Lubbock shall consider the safety record of the offerors in determining the responsibility thereof. The City may consider any incidence involving worker safety or safety of the citizens of the City of Lubbock, be it related or caused by environmental, mechanical, operational, supervision or nay other cause or factor. Specifically, the City Wray consider, among other things: a. Complaints to, or final orders entered by, the Occupational Safety and Health Review Commission (OSHRC), against the proposer for violations of OSHA regulations within the past three (3) years. b. Citations (as defined below) from an Environmental Protection Agency (as defined below) for violations the past five (5) years. Environmental Protection Agencies include, but are not necessarily limited to, d— Army Corps of Engineers (USACOE), the U.S. Fish and Wildlife Service (USFWS), the Enviror Protection Agency (EPA), the Texas Commission on Environmental Quality (TCEQ), the Texas Natural Resource Conservation Commission (TNRCC) (predecessor to the TCEQ), the Texas Department of State Health Services (DSHS), the Texas Parks and Wildlife Department (TPWD), the Structural Pest Control Board (SPCB), agencies of local governments responsible for enforcing environmental protection or worker safety related laws or regulations, and similar regulatory agencies of other states of the United States. Citations include notices of violation, notices of enforcement, suspension/revocations of state or federal licenses or registrations, fines assessed, pending criminal complaints;, indictments, or convictions, administrative orders, draft orders, final orders, and judicial final judgments. C. Convictions of a criminal offense within the past ten (10) years, which resulted in bodily harm or death. d. Any other safety related matter deemed by the City Council to be material in determining the responsibility of the offeror and his or her ability to perform the services or goods required by the proposal documents in a safe environment, both for the workers and other employees of offeror and the citizens of the City of Lubbock. In order to obtain proper information from offerors so that City of Lubbock may consider the safety records of potential contractors prior to awarding proposals on City contracts, City of Lubbock requires that offerors answer the following three (3) questions and submit them with their proposals: QUESTION ONE Has the offeror, or the fin, corporation, partnership, or institution represented by the offeror, or anyone acting for such firm, corporation, partnership or institution, received citations for violations of OSHA within the past three (3) years? YES NO V' If the offeror has indicated YES for question number one above, the offeror must provide to City of Lubbock, with its proposal submission, the following information with respect to each such citation: Date of offense, location of establishment inspected, category of offense, final disposition of offense, if any, and penalty assessed. Ofieror's Initials UESTION TW Has the offeror, or the firm, corporation, partnership, or institution represented by the offeror, or anyone acting for such firm, corporation, partnership or institution, received citations for violations of environmental protection laws or regulations, of any kind or type, within the past five years? Citations include notice of violation, notice of enforcement, suspensionlrevocations of state or federal licenses, or registrations, fines assessed, pending criminal complaints, indictments, or convictions, administrative orders, draft orders, final orders, and judicial final judgments. YES NO ✓ If the offeror has indicated YES for question number two above, the offeror must provide to City of Lubbock, with its proposal submission, the following information with respect to each such conviction: Date of offense or occurrence, location where offense occurred, type of offense, final disposition of offense, if any, and penalty assessed. QUESTION THREE Has the offeror, or the firm, corporation c , partnership, or institution represented by offeror, or anyone acting for such firm, corporation, partnership, or institution, ever been convicted, within the past tear (10) years, of a criminal offense which resulted in serious bodily injury or death? HJ YES NO ✓ If the offeror has indicated YES for question number three above, the offeror must provide to City of Lubbock, with its proposal submission, the following information with respect to each such conviction: t 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 will be investigated, with my full permission, and that any misrepresentations or omissions may cause my proposal to be rejected. b" �7 Signature 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: n n e Zz I W) A v r ",:,, FEDERAL TAX ID or SOCIAL SECURITY No. '75 / 9 /1 q cV Signature of Company Official: Printed/typed name of company official signing above: ka KA Za 6l Date Signed: /0 D Y FINAL LIST OF SUB -CONTRACTORS Company Name and City 1. 1 rc,4 �o ❑ ,no 2. anCrcJ�c ❑ ❑ 3. ❑ ❑ 4.' ❑ ❑ 5. ❑ ❑ 6. ❑ ❑ 7. ❑ ❑ 8. ❑ ❑ 9. ❑ ❑ 10. ❑ ❑ 11. ❑ O 12. ❑ ❑ 13. ❑ ❑ 14. ❑ ❑ 1.5. ❑ ❑ 16. - ❑ ❑ Minority Owned Yes or No THIS FORM SHALL BE COMPLETED AND RETURNED NOT LATER THAN TWO BUSINESS DAYS AFTER THE CLOSE DATE WHEN PROPOSALS ARE DUE IF NO SUB -CONTRACTORS WILL BE USED PLEASE INDICATE SO RFP # 08-738-BM, CONCRETE REPAIRS FOR THE 2009 SEAL COAT PROGRAM 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 proposals are due. FINAL LIST OF SUB -CONTRACTORS r-) Paue Intentionally Left Blank 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. it. 12. 13, 14 15 �, 16 FINAL LIST OF SUB -CONTRACTORS Company Name and City Minority Owned Yes or No IK ❑ THIS FORM SHALL BE COMPLETED AND RETURNED NOT LATER THAN TWO BUSINESS DAYS AFTER THE CLOSE DATE WHEN PROPOSALS ARE DUE IF NO SUB -CONTRACTORS WILL BE USED PLEASE INDICATE SO Page Intentionally Left Blank PERFORMANCE BOND Page Intentionally Left Blank Bond No. 4370542 STATUTORY PERFORMANCE BOND PURSUANT TO SECTION 2253.021(a) OF THE TEXAS GOVERNMENT CODE (CONTRACTS MORE THAN $100,000) Ronnie Zahn Paving, Inc. KNOW ALL MEN BY THESE PRESENTS, that (hereinafter called the Principal(s), as Principal(s), and Suretec Insurance Com an (hereinafter called the Surety(, as Surety(s), are held and firmly bound unto the City of Lubbock (neremaner caiiea cne One million sixty thousand, Obligee), in the amount of eight- hnndrec' Inri-)r five !t �nDollars ($1,060,845.pdawful money of the United States for the payment whereof, the said Principal and Surety bind themselves, and their heirs, administrators, executors, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has entered into a certain written contract with the Obligee, dated the20th day of November ,2008,to Concrete Repairs for the 2009 Seal Coat Project and said principal under the law is required before commencing the work provided for in said contract to execute a bond --- in the amount of said contract which contract is hereby referred to and made a part hereof as fully and to the same extent as if copied at length herein. NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the said Principal shall faithfully perform the work in accordance with the plans, specifications and contract documents, then this obligation shall be void; otherwise to remain in full force and effect. PROVIDED, HOWEVER, that this bond is executed pursuant to the provisions of Section 2253.021(a) of the Texas Government Code, and all liabilities on this bond shall be determined in accordance with the provisions of said article to the same extent as if it were copied at length herein. IN WITNESS WHEREOF, the said Principal (s) and Surety (s) have signed and sealed this instrument this2nd day of December , 2008. Surete Insuranc .Compan Surety * ,By: ' t ime7 - - Cara D. Hancock, Attorney -In -Fact Ronnie Zahn Paving, Inc. (Company Name) By: 2 n a (Printed Name) (Signature) (Titl i E r i The undersigned surety company represents that it is duly qualified to do business in Texas, and hereby designates Kevin J. Dunn an agent resident in Lubbock County to whom any requisite notices may be delivered and on whom service of process may be had in matters arising out of such suretyship. Approved as to Form City of Lubbock By: City Attorney Suretec Insurance Company Surety *By. t/ (Title) Cara D. Hancock, Attorney —In —Fact * 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. f i 2 POA #: 4221259 SureTec Insurance Company LIMITED POWER OF ATTORNEY Know All Men by These Presents, That SURETEC INSURANCE COMPANY (the "Company'), a corporation duly organized and existing under the laws of the State of Texas, and having its principal office in Houston, Harris County, Texas, does by these presents make, constitute and appoint Kevin J. Dunn, Cara D. Hancock of Lubbock, Texas its true and lawful Attorney(s)-in-fact, with full power and authority hereby conferred in its name, place and stead, to execute, acknowledge and deliver any and all bonds, recognizances, undertakings or other instruments or contracts of suretyship to include waivers to the conditions of contracts and consents of surety, providing the bond penalty does not exceed Five Million and no/100 Dollars ($5,000,000.00) and to bind the Company thereby as fully and to the same extent as if such bonds were signed by the President, sealed with the corporate seal of the Company and duly attested by its Secretary, hereby ratifying and confirming all that the said Attomey(s)-in-Fact may do in the premises. Said appointment shall continue in force until 12/31/09 and is made under and by authority of the following resolutions of the Board of Directors of the SureTec Insurance Company: Be it Resolved, that the President, any Vice -President, any Assistant Vice -President, any Secretary or any Assistant Secretary shall be and is hereby vested with full power and authority to appoint any one or more suitable persons as Attomey(s)-in-Fact to represent and act for and on behalf of the Company subject to the following provisions: Attorney -in -Fact may be given full power and authority for and in the name of and of behalf of the Company, to execute, acknowledge and deliver, any and all bonds, recognizances, contracts, agreements or indemnity and other conditional or obligatory undertakings and any and all notices and documents canceling or terminating the Company's liability thereunder, and any such instruments so executed by any such Attomey-in-Fact shall be binding upon the Company as if signed by the President and sealed and effected by the Corporate Secretary. Be it Resolved, that the signature of any authorized officer and seal of the Company heretofore or hereafter affixed to any power of attorney or any certificate relating thereto by facsimile, and any power of attorney or certificate bearing facsimile signature or facsimile seal shall be valid and binding upon the Company with respect to any bond or undertaking to which it is attached. (Adopted at a meeting held on 2e of April, 1999) In Witness Whereof, SURETEC INSURANCE COMPANY has caused these presents to be signed by its President, and its corporate seal to be hereto affixed this 20th day of June, A.D. 2005. s j�iANc� URETEC INS CE COMPANY w I D Bill King, re dint State of Texas ss: �s�`�. 5 rtY County of Hams ,� On this 20th day of June, A.D. 2005 before me personally came Bill King, to me known, who, being by me duly sworn, did depose and say, that he resides in Houston, Texas, that he is President of SURETEC INSURANCE COMPANY, the company described in and which executed the above instrument; that he knows the seal of said Company; that the seal affixed to said instrument is such corporate seal; that it was so affixed by order of the Board of Directors of said Company; and that he signed his name thereto by like order. o�eoenoeoo Wheft Denny ;�• SkBofI= 1tVl MY COMnis M was Michelle Denny, Notary Pubic August 27, 2008 My commission expires August 27, 2008 I, M. Brent Beaty, Assistant Secretary of SURETEC INSURANCE COMPANY, do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney, executed by said Company, which is still in full force and effect; and furthermore, the resolutions of the Board of Directors, set out in the Power of Attorney are in full force and effect. Given under my hand and the seal of said Company at Houston, Texas this 2nd day of December , 20 08 , A.D. M. Brent Beaty, Assistant Se re ry Any instrument issued in excess of the penalty stated above is totally void and without any validity. For verification of the authority of this power you may call (713) 812-0800 any business day between 8.00 am and 5:00 pm CST. A z 0 as H z w d a ,�.Y ,� R., � , ��...� � ,..,�M, ��,.� � ,� _ , ,@ ,.�. .� u �� � �. � � � F .r. p�,._ � . er m, Pay-e Intentionally Left Blank STATUTORY PAYMENT BOND PURSUANT TO SECTION 2253.021(a) 71 OF THE TEXAS GOVERNMENT CODE (CONTRACTS MORE THAN $25,000) KNOW ALL MEN BY THESE PRESENTS, that Ronnie Zahn Paving, Inc. (hereinafter called the Principal(s), as Principal(s), and Suretec Insurance Company (hereinafter called the Surety(o, as Surety(s), are held and firmly bound unto the City of Lubbock (hereinafter called the Obligee), in the amount of One million, sixty thousand, eiglbollars ($1,060,845.) lawful money of the United States for the payment whereof, the said Principa and Surety bind themselves, and their heirs, administrators, executors, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has entered into a certain written contract with the Obligee, dated the 20th day of November ,2008,to Concrete Repairs for the 2009 Seal Coat Project 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 2nd day of December 2008. .-, Suretec Insurance Company Surety G *By: (itle) Cara D. Hancock, Attorney -In -Fact Ronnie Zahn Paving, Inc. (Company Name) By: /'a �a hurl (Printed Name) (Signat e) (Titl The undersigned surety company represents that it is duly qualified to do business in Texas, and hereby designates Kevin J. Dunn an agent resident in Lubbock County to whom any requisite notices may be delivered and on whom service of process may be had in matters arising out of such suretyship. Approved as to form: City of Lubbock ` Y hA City Attorney Suretec Insurance Company Surety 1 * By: (Title) Cara D. Hancock, Attorney - In -Fact * 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 POA #: 4221259 SureTec Insurance Company LIMITED POWER OF ATTORNEY Know All Men by These Presents, That SURETEC INSURANCE COMPANY (the "Company"), a corporation duly organized and existing under the laws of the State of Texas, and having its principal office in Houston, Harris County, Texas, does by these presents make, constitute and appoint Kevin J. Dunn, Cara D. Hancock of Lubbock, Texas its true and lawful Attorneys) -in -fact, with full power and authority hereby conferred in its name, place and stead, to execute, acknowledge and deliver any and all bonds, recognizances, undertakings or other instruments or contracts of suretyship to include waivers to the conditions of contracts and consents of surety, providing the bond penalty does not exceed Five Million and no/100 Dollars ($5,000,000.00) and to bind the Company thereby as fully and to the same extent as if such bonds were signed by the President, sealed with the corporate seal of the Company and duly attested by its Secretary, hereby ratifying and confirming all that the said Attorneys) -in -Fact may do in the premises. Said appointment shall continue in force until 12/31/09 and is made under and by authority of the following resolutions of the Board of Directors of the SureTec Insurance Company: Be it Resolved, that the President, any Vice -President, any Assistant Vice -President, any Secretary or any Assistant Secretary shall be and is hereby vested with full power and authority to appoint any one or more suitable persons as Attomey(s)-in-Fact to represent and act for and on behalf of the Company subject to the following provisions: Attorney -in -Fact may be given full power and authority for and in the name of and of behalf of the Company, to execute, acknowledge and deliver, any and all bonds, recognizances, contracts, agreements or indemnity and other conditional or obligatory undertakings and any and all notices and documents canceling or terminating the Company's liability thereunder, and any such instruments so executed by any such Attomey-in-Fact shall be binding upon the Company as if signed by the President and sealed and effected by the Corporate Secretary. Be it Resolved, that the signature of any authorized officer and seal of the Company heretofore or hereafter affixed to any power of attorney or any certificate relating thereto by facsimile, and any power of attorney or certificate bearing facsimile signature or facsimile seal shall be valid and binding upon the Company with respect to any bond or undertaking to which it is attached. (Adopted at a meeting held on 20''' of April, 1999) In Witness Whereof, SURETEC INSURANCE COMPANY has caused these presents to be signed by its President, and its corporate seal to be hereto affixed this 20th day of June, A.D. 2005. 4-" TEC INS ICE COMPANY tjAtwUj XY �� Oro By: r ui w i - Bill King, r.-Jant State of Texas ss: County of Harris .. On this 20th day of June, A.D. 2005 before me personally came Bill King, to me known, who, being by me duly sworn, did depose and say, that he resides in Houston, Texas, that he is President of SURETEC INSURANCE COMPANY, the company described in and which executed the above instrument; that he knows the seal of said Company; that the seal affixed to said instrument is such corporate seal; that it was so affixed by order of the Board of Directors of said Company; and that he signed his name thereto by like order. �eo�ewotoorae WNW Denny me a% o Texas ac ,► . te M�xt>s MI►ColTIMMM FIi N Michelle Denny, Notary Pub is August 27, 2008 My commission expires August 27, 2008 I, M. Brent Beaty, Assistant Secretary of SURETEC INSURANCE COMPANY, do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney, executed by said Company, which is still in full force and effect; and furthermore, the resolutions of the Board of Directors, set out in the Power of Attorney are in full force and effect. Given under my hand and the seal of said Company at Houston, Texas this 2nd day of December , 20 08 )A.D. V M. Brent Beaty, Assi4Sere 7 Any instrument issued in excess of the penalty stated above is totally void and without any validity. For verification of the authority of this power you may call (713) 812-0800 any business day between 8:00 am and 5:00 pm CST. 7 SureTec Insurance Company THIS BOND RIDER CONTAINS IMPORTANT COVERAGE INFORMATION Statutory Complaint Notice To obtain information or make a complaint: You may call the Surety's toll free telephone number for information or to make a complaint at: 1-866-732-0099. You may also write to the Surety at: SureTec Insurance Company 5000 Plaza on the Lake, Suite 290 Austin, TX 78746 You may contact the Texas Department of Insurance to obtain information on companies, coverage, rights or complaints at 1-800-252-3439. You may write the Texas Department of Insurance at PO Box 149104 Austin, TX 78714-9104 -Fax#: 512-475-1771 PREMIUM OR CLAIM DISPUTES: Should you have a dispute concerning your premium or about a claim, you should contact the Surety first. If the dispute is not resolved, you may contact the Texas Department of Insurance. Terrorism Risks Exclusion The Bond to which this Rider is attached does not provide coverage for, and the surety shall not be liable for, losses caused by acts of terrorism, riot, civil insurrection, or acts of war. Exclusion of Liability for Mold, Mycotoxins, Fungi & Environmental Hazards The Bond to which this Rider is attached does not provide coverage for, and the surety thereon shall not be liable for, molds, living or dead fungi, bacteria, allergens, histamines, spores, hyphae, or mycotoxins, or their related products or parts, nor for any environmental hazards, bio-hazards, hazardous materials, environmental spills, contamination, or cleanup, nor the remediation thereof, nor the consequences to persons, property, or the performance of the bonded obligations, of the occurrence, existence, or appearance thereof. Texas Rider 010106 CERTIFICATE OF INSURANCE I Pau IntentionaUy Left Blank ACORD CERTIFICATE OF LIABILITY INSURANCE 3 10 /2008 n I'Rootim Alan Henry Ins. Agency, Inc. i 340719th Street Lubbock TX 79410 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND EXTEND OR ALTER THE COVERAGE AFFORDED BY THE IES BELOW. INSURED$ AFFORDING COVERAGE NAIC # 10SuRED Ronnie Zahn Paving, Inc. 6608 MBlvd. Blv Lubbock TX 79404 . Security National Insurance Company Texas Mutual Insurance tWURM 0: 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. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLANKS. 118R POLICY EFFECTIVE POLICY EXPIRATION MINI ENERAL LIABILITY LITY CLAW MADE M OCCUR SPPI001576 10/01/2008 10/01/2009 EAOH OCCURRENCE >� _ ' ' DAMAGE TO RENTED j ,OQQ X 5, POSONAL&ADVIN-MY 1,000, GENERALAGGREGATE -I— 2,000, 2, ,000 AGGR TE UNIT PER: X AUTOMOBILE LIABILITY X ANY AUTO ALL OWNED AUTOS SCHEDULED AUTOS HIREDAUTOS X NOWDWNEDAUTOS SPP1001576 10/01/2008 10/Ol/2009 COMBINED SINGLE LIMIT (� ) $ 1,000,000 BODILY INJURY (Perp—) $ BODILY INJURY (Perebetd") $ PROPERTY DAMAGE (Paebddwd) s LIABILITY ANY AUTO 191 Comm CLAIMS MADE DEDUCTIBLE [QvIB1002276 10/Ol/2008 imi/2009 OTHER THAN EA ACC AUTO ONLY: AGO $ 1, , T W01 COATION AND EMPLOYERS' LIABILITY ANY pqAR CUTNE EXCLUDED? n dau rsF-MI122392 10/01/2008 10/01/2009 X WCSTATU OTH E.L. EACH ACCIDENT 000 1'�' E.L. pjSMN - EA 000 1,000,�E Y LIMIT 1,000,000 W. OTHER DEBCRI'TION OF OPERATIONS / LOCATIONS / V EB / EXCLUSIONS ADDED BY ENDORSEMENT / SPECIAL PROVISIONS Fax # 775-2089 Certificate Holder is a primary additional insured with regard to general liablity, as per written contract. Wavier of subrogation applies in favor of certificate holder, as per written contract. City of Lubbock Building bspectiom PO Box 2000 Lubbock TX 79457 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORR THE EXPIRATION DATE THEREOF, THE 168NIN0 INSURER WU ENDEAVOR TO MAIL 11 DAYS WRITTEN NOTM TO THE CERTIflCATE HOLM NAMED TO THE LEFT, BUT FAILURE TO DO 80 SHALL IMPOSE ND OBUOATION OR LIABILITY OP ANY KIND UPON THE INSURER, ITS AGENTS OR AVTHORIMD REPRESENTATIVE f" wa.unv co t&%m uvol No Text 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 (2001/08) No Text WORD- CERTIFICATE -OF LIABILITY INSURANCE 09�5 00D DEICER Alan Henry Ins. Agency, Inc. 3407 19th Street Lubbock TX 79410 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. INSURERS AFFORDING COVERAGE NAIC # IRED Fast Concrete, Inc. DBA Commercial Concrete P O Box 3125 INSURERA:. Security National Insurance Company INSURER B: Trinity Universal Insurance Company Lubbock TX 79452 INSURER C: INSURER D: INSURER E: American Home Assurance Company .VCDAnI=Q HE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING NY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR IAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH OLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. ROM POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION L BYI 1-X1 GENERAL LIABILITY X COMMERCIAL GENERAL LIABILITY CLAW MADE OCCUR SPPI001543-00 10/01 /2008 10/01 /2009 EACH OCCURRENCE 000 f ' ' DAMAGE TO RENTED f 100'OOO MED EXP one f 5'000 PERSONAL S ADV INJURY 2,000,000 GENERAL AGGREGATE f 2,000,000 GENT. AGGREGATE LIMIT APPLIES PER: POLICY PRO LOC PRODUCTS - COMP/OP AGG f 2,000,000 AUTOMOBILE LIABILITY ANY AUTO ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS NON -OWNED AUTOS SPPI001543-00 10/01/2008 10/01/2009 COMBINED SINGLE LIMIT (Ea acc1deM) f 1,000,000 BODILY INJURY (P- Pe—) f rxx BODILY INJURY (Per accident) f PROPERTY DAMAGE (Per accident) f GARAGE LIABILITY ANY AUTO AUTO ONLY - EA ACCIDENT f OTHER THAN EA ACC AUTO ONLY: A f EXCESSIUMBRELLA LIABILITY X OCCUR CLAIMS MADE DEDUCTIBLE RETENTION KMB 1002209-00 10/01 /2008 10/01 /2009 EACH OCCURRENCE 000 f ' AGGREGATE f f WORKERS COMPENSATION AND EMPLOY' LIABILITY ANY PROPRIEtORIPARTNERIEXECUTIVE OFFKM"EMSER EXCLUDED? N , deambe under.q below WC-182-79-62 01 /01 /2008 01 /01 /2009 X I WC 3TATU- I I OTH E.L. EACH ACCIDENT I ,000,000 E.L. DISEASE - EA EMPLOYE I,000,OOO E.L.DISEASE - POLICY LIMIT 1,000,000 OTHER SCRIPnON OF OPERATIONS I LOCATIONS I VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS x # 775-2089 .Thficate holder is an additional insured with regard to the general liability, as per written contract. Wavier of subrogation plies in favor of cerfiticate holder, as per written contract. SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFOREU THE EXPIRATION City of Lubbock DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL DAYS WRITTEN Building Inspections NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL PO Box 2000 IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER ITS AGENTS OR REPROSENTAT-WES. Lubbock TX 79457 ADD REPRESENTATIVE --w i. "M niCdnnnA nr%u 4can r 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) 1�� CERTIFICATE OF INSURANCE TO: CITY OF LUBBOCK DATE: P.O. BOX 2000, Room 204 LUBBOCK, TX 79457 TYPE OF PROJECT: THIS IS TO CERTIFY THAT (Name and Address of Insured) is, at the date of this certificate, insured by this Company with respect to the business operations hereinafter described, for the typed of insurance and in accordance with the provisions of the standard policies used by this company, the further hereinafter described. Exceptions to standard policy noted hereon. TYPE OF INSURANCE POLICY NUMBER EFFECTIVE EFFECTIVE LIMITS DATE DATE GENERAL LIABILITY Commercial General Liability General Aggregate $ Claims Made Products-Comp/Op AGG $ Occurrence Personal & Adv. Injury $ Owner's & Contractors Protective Each Occurrence $ 11 Fire Damage (Any one Fire) $ Med Exp (Any one Person) $ AUTOMOTIVE LIABILITY Any Auto Combined Single Limit $ All Owned Autos Bodily Injury (Per Person) $ Scheduled Autos Bodily Injury (Per Accident) $ Hired Autos Property Damage $ Non -Owned Autos GARAGE LIABILITY Any Auto Auto Only - Each Accident $ Other than Auto Only: Each Accident $ Aggregate $ BUILDERS RISK 100% of the Total Contract Price $ INSTALLATION FLOATER $ EXCESS LIABILITY Umbrella Form Each Occurrence $ Aggregate $ Other Than Umbrella Form $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY The Proprietor/ Included Statutory Limits Partners/Executive Excluded Each Accident $ Officers are: Disease Policy Limit $ Disease -Each Employee $ OTHER The above policies either in the body thereof or by appropriate endorsement provide that they may not be changed or canceled by the insurer in less than the legal time required after the insured has received written notice of such change or cancellation, or in case there is no legal requirement, in less than five days in advance of cancellation. FIVE COPIES OF THE CERTIFICATE OF INSURANCE (Name of Insurer) MUST BE SENT TO THE CITY OF LUBBOCK By: Title: The Insurance Certificates furnished shall name the City of Lubbock as a Primary Additional Insured on General Liability and provide a Waiver of Subrogation on all policies in favor of the City of Lubbock. t • 8 Page Intentionally Left Blank CONTRACTORCHECKLIST A CONTRACTOR SHALL: (1) provide coverage for its employees providing services on a project, for the duration of the project based on proper reporting of classification codes and payroll amounts and filling of any coverage agreements; i% (2) provide a certificate of coverage showing workers' compensation coverage to the governmental entity i-- prior to beginning work on the project; _ (3) provide the governmental entity, prior to the end of the coverage period, a new certificate of coverage showing extension of coverage, if the coverage period shown on the contractor's current certificate of coverage ends during the duration of the project; (4) obtain from each person providing services on a project, and provide to the governmental entity: (A) a certificate of coverage, prior to that person beginning work on the project, so the governmental entity will have on file certificates of coverage showing coverage for all persons providing services on the project; and (B) no later than seven days after receipt by the contractor, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project; ,j (5) retain all required certificates of coverage on file for the duration of the project and for one year thereafter; �. (6) notify the governmental entity in writing by certified mail or personal delivery, within ten (10) days after the contractor knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project; vl (7) post a notice on each project site informing all persons providing services on the project that they are required to be covered, and stating how a person may verify current coverage and report failure to provide coverage. This notice does not satisfy other posting requirements imposed by the Act or other commission rules. This notice must be printed in at least 19-point normal type, and shall be in both English and Spanish and any other language common to the worker population. The text for the notices shall be the following text provided by the commission on the sample notice, without any additional words or changes: PROOF OF COVERAGE SHALL BE FURNISHED TO THE CITY OF LUBBOCK IN THE FORM OF A CERTIFICATE OF INSURANCE. THE INSURANCE CERTIFICATES FURNISHED SHALL NAME THE CITY OF LUBBOCK AS A PRIMARY ADDITIONAL INSURED AND PROVIDE A WAIVER OF SUBROGATION IN FAVOR OF THE CITY OF LUBBOCK, OR IN THE ALTERNATIVE, SHALL BE ACCOMPANIED BY A STATEMENT FROM THE CONTRACTOR TO THE EFFECT THAT NO WORK ON THIS PARTICULAR PROJECT SHALL BE SUBCONTRACTED. IT SHALL BE THE CONTRACTOR'S RESPONSIBILITY TO PROVIDE TO THE OWNER ALL PROOF OF COVERAGE INSURANCE DOCUMENTS INCLUDING WORKERS COMPENSATION COVERAGE FOR EACH SUBCONTRACTOR. 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 �_ f 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 l� requirement for coverage, to verify whether your employer has provided the required coverage, or to report an employer's failure to provide coverage." and (8) contractually require each person with whom it contracts to provide services on a project, to: (A) provide coverage based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements for all of its employees providing services on the project, for p J 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; (_ 1 (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 t are providing services. CONTRACT Pase Intentionally Left Blank L ZAHN PAVING, INC. 6608 MLK BLVD., LUBBOCK, TEXAS 79404 (806) 744-7204 OR 748-1877 (FAX: 748-6060) November 5, 2008 Mr. Kevin Lair City of Lubbock 1625 131h Street Lubbock, Tx. 79401 Re: RFP# 08-738-BM-Concrete Repairs for the 2009 Seal Coat Project Dear Mr. Lair: Upon further review and negotiating the above mentioned project, we will lower our price, due to the availability of doing residential intersections at one time rather than splitting them into sections. This will allow us to lower our overhead and would lower barricading fees. This will also allow us to complete the project in 185 days. After discussing and reviewing, our price will be $ 1,060,845.00 (One million sixty thousand eight hundred forty-five dollars and no cents). Thank you for you consideration on this matter. Yours truly, Ronnie 7 President CONTRACT #8702 STATE OF TEXAS COUNTY OF LUBBOCK THIS AGREEMENT, made and entered into this 201" day of November, 2008by 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 RONNIE ZAHN PAVING, INC. of the City of LUBBOCK, County of tf LUBBOCK, and the State of TEXAS hereinafter termed CONTRACTOR. WITNESSETH: That for and in consideration of the payments and agreements hereinafter mentioned, to be made and performed by the OWNER and under the conditions expressed in the bond bearing even date herewith (if any) the CONTRACTOR hereby agrees with OWNER to commence and complete the construction of certain improvements described as follows: PROPOSAL # 08-738-BM - Concrete Repairs For The 2009 Seal Coat Project - $1,060,845 and all extra work in connection therewith, under the terms as stated in the contract documents and at his (or their) own proper cost and expense to furnish all materials, supplies, machinery, equipment, tools, superintendence, labor, insurance and other accessories and services necessary to complete the said construction in accordance with the contract documents as defined in the General Condition of Agreement. RONNIE ZAHN PAVING, INC.'s proposal dated OCTOBER 29. 2008 is incorporated into and made a part of this agreement. The CONTRACTOR hereby agrees to commence work within ten days after the date written notice to do so shall have been given to him and to substantially complete same within the time specified in the contract documents. The OWNER agrees to pay the CONTRACTOR in current funds for the performance of the contract in accordance with the proposal submitted therefore, subject to additions and deductions, as provided in the contract documents and to 7, 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: COMPLETE ADDRESS: Company dv,n;e ti� dcai'KS,. Address City, State, Zip k,Al2& —k7� %944US--' ATTEST: Corporate ecreta CITY OF LUBBOCK, TEXAS(OWNER): By: MAYOR ATTEST: City Sec etary APP AS CONTENT: er's epr entative ffi(IAL L d � 0 Q (� Director APPROVED AST FO Attorney GENERAL CONDITIONS OF THE AGREEMENT Paize Intentionally Left Blank 33 L-, e GENERAL CONDITIONS OF THE AGREEMENT l . OWNER Whenever the word Owner, or First Party, are used in this contract, it shall be understood as referring to the City of Lubbock, Texas. 2. CONTRACTOR Whenever the word Contractor, or Second Party, is used, it shall be understood to mean the person, persons, co- partnership or corporation, to wit RONNIE ZAHN PAVING. INC.'s who has agreed to perform the work embraced in this contract, or their legal representative. 3. OWNER'S REPRESENTATIVE 3 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 LAM STREET SUPERINTENDENT_ so designated who will inspect constructions; or to such other representatives, supervisors, architects, engineers, or inspectors as may be authorized by said Owner to act in any particular under this agreement. Engineers, supervisors or inspectors will act for the Owner under the direction of Owner's Representative, but shall not directly supervise the Contractor or persons acting on behalf of the Contractor. 4. CONTRACT DOCUMENTS The contract's documents shall consist of the Notice to Offerors, General Instructions to Offerors, Proposal, Signed Agreement, Statutory Bonds (if required), General Conditions of the Agreement, Special Conditions of the Agreement (if any), Specifications, Plans, Insurance Certificates, and all other documents made available to Offeror for inspection in accordance with the Notice to Offerors. The above described materials are sometimes referred to herein as the "contract" or "contract documents". r 5. INTERPRETATION OF PHRASES Whenever the words "Directed," "Permitted," "Designated," "Required," "Considered Necessary," "Prescribed," or words of like import are used, it shall be understood that the direction, requirement, permission, order, designation or prescription of the Owner's Representative is intended; and similarly, the words "Approved," "Acceptable," "Satisfactory," or words of like import shall mean approved by or acceptable or satisfactory to the Owner's Representative. 6. SUBCONTRACTOR The term Subcontractor, as employed herein, includes only those having a direct contract with the Contractor for performance of work on the project contemplated by these contract documents. Owner shall have no responsibility to any Subcontractor employed by Contractor for performance of work on the project contemplated by these contract documents, but said Subcontractors will look exclusively to Contractor for any payments due Subcontractor. The City reserves the right to approve or disapprove the selection of any subcontractor(s). 7. WRITTEN NOTICE Written notice shall be deemed to have been duly served if delivered in person to the individual or to a member of the firm or to an officer of the corporation for whom it is intended, or if delivered at or sent certified mail to the last business address known to the party who gives the notice. i 10. 11. 12 CONTRACTOR'S RESPONSIBILITIES Unless otherwise stipulated, the Contractor shall provide and pay for all materials, supplies, machinery, equipment, tools, superintendence, labor, insurance, and all water, light, power, fuel, transportation and all other facilities necessary for the execution and completion of the work covered by the contract documents. Unless otherwise specified, all materials shall be new and both workmanship and materials shall be of a good quality. The Contractor shall, if required, furnish satisfactory evidence as to the kind and quality of materials. Materials or work described in words which so applied have well known, technical or trade meaning shall be held to refer such recognized standards. All work shall be done and all materials furnished in strict conformity with the contract documents. SUBSTANTIALLY COMPLETED The term "Substantially Completed" is meant that the structure or project contemplated by the contract documents has been made suitable for use or occupancy or the facility is in a condition to serve its intended purpose, but still may require minor miscellaneous work and adjustment. LAYOUT Except as specifically provided herein, the Contractor shall be responsible for laying out all work and shall accomplish this work in a manner acceptable to the Owner's Representative. The Owner's Representative will check the Contractor's layout of all major structures and any other layout work done by the Contractor at Contractor's request, but this check does not relieve the Contractor of the responsibility of correctly locating all work in accordance with the Plans and Specifications. KEEPING OF PLANS AND SPECIFICATIONS ACCESSIBLE The Contractor shall be furnished copies of all Plans and Specifications without expense to Contractor and Contractor shall keep one copy of same consistently accessible on the job site. RIGHT OF ENTRY The Owner's Representative may make periodic visits to the site to observe the progress or quality of the executed work and to determine, in general, if the work is proceeding in accordance with the contract documents. Owner's Representative will not be required to make exhaustive or continuous onsite inspections to check the quality or quantity of the work, nor will Owner's Representative be responsible for the construction means, methods, techniques, sequences or procedures, or the safety precautions incident thereto. Notwithstanding the Owner's Representative's rights of entry hereunder, the Owner's Representative will not be responsible for the Contractor's failure to perform the work in accordance with the Contract Documents. 13. LINES AND GRADES All lines and grades shall be furnished whenever Owner's Representative deems said lines and grades are necessary for the commencement of the work contemplated by these contract documents or the completion of the work contemplated by these contract documents. Whenever necessary, Contractor shall suspend its work in order to permit Owner's Representative to comply with this requirement, but such suspension will be as brief as practical and Contractor shall be allowed no extra compensation therefore. The Contractor shall give the Owner's Representative ample notice of the time and place where lines and grades will be needed. All stakes, marks, etc., shall be carefully preserved by the Contractor, and in case of careless destruction or removal by Contractor, its Subcontractors, or its employees, such stakes, marks, etc., shall be replaced by the Owner's Representative at Contractor's expense. r 14. OWNER'S REPRESENTATIVE'S AUTHORITY AND DUTY Unless otherwise specified, it is mutually agreed between the parties to this Agreement that the Owner's Representative has the authority to review all work included herein. The Owner's Representative has the authority to stop the work whenever such stoppage may be necessary to ensure the proper execution of the contract. The Owner's Representative shall, in all cases, determine the amounts and quantities of the several kinds of work which are to be paid for under the contract documents, and shall determine all questions in relation to said work and the construction thereof, and shall, in all cases, decide every question which may arise relative to the execution of this contract on the part of said Contractor. The decision of the Owner's Representative shall be conclusive in the absence of written objection to same delivered to Owner's Representative within fifteen (15) calendar days of any decision or direction by Owner's Representative. In the absence of timely written objection by Contractor, as provided herein, any and all objection or objections shall be deemed waived. 15. SUPERINTENDENCE AND INSPECTION It is agreed by the Contractor that the Owner's Representative shall be and is hereby authorized to appoint from time to time such subordinate engineers, supervisors, or inspectors as the said Owner's Representative may deem proper to inspect the materials furnished and the work done under this Agreement, and to see that said material is furnished and said work is done in accordance with the specifications therefore. The Contractor shall furnish all reasonable aid and assistance required by the subordinate engineers, supervisors or inspectors for the proper inspection and examination of the work. The Contractor shall regard and obey the directions and instructions of _ any subordinate engineers, supervisors or inspectors so appointed, when such directions and instructions are consistent with the obligations of this Agreement and accompanying plans and specifications provided, however, should the Contractor object to any orders by any subordinate engineer, supervisor or inspector, the Contractor may within fifteen (15) calendar days make written appeal to the Owner's Representative for its decision. In the absence of timely written objection by Contractor, as provided herein, any and all objection or objections shall be deemed waived. 16. CONTRACTOR'S DUTY AND SUPERINTENDENCE The Contractor shall give personal attention to the faithful prosecution and completion of this contract and shall keep on the work, during its progress, a competent superintendent and any necessary assistants, all satisfactory to Owner's Representative. The superintendent shall represent the Contractor in its absence and all directions given to superintendent shall be binding as if given to the Contractor. It is expressly agreed that adequate supervision by competent and reasonable representatives of the Contractor is essential to the proper performance of the work and lack of such supervision shall be grounds for suspending operations of the Contractor. The work, from its commencement to completion, shall be under the exclusive charge and control of the Contractor and all risk in connection therewith shall be borne by the Contractor. 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 i 18. 19. 20. modifications and/or amendments to the contract documents, shall be in writing, and executed by Owner's Representative and Contractor. Unless otherwise specified herein, all loss, expense or damage to Contractor arising out of the nature of the work to be done, or from the action of the elements, or from any unforeseen circumstance and the prosecution of the h work, shall be sustained and borne by the Contractor at its own cost and expense. 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. CONSTRUCTION PLANT The Contractor shall provide all labor, tools, equipment, machinery and materials necessary in the prosecution and completion of this contract where it is not otherwise specifically provided that Owner shall furnish same, and it is also understood that Owner shall not be held responsible for the care, preservation, conservation, or protection of any materials, tools, equipment or machinery or any part of the work until it is finally completed and accepted. The building of structures for the housing of men or equipment will be permitted only at such places as the Owner's Representative shall consent or direct, and the sanitary conditions of the grounds in or about such structure shall at all times be maintained in a manner satisfactory to the Owner's Representative. SANITATION Necessary sanitary conveniences for the use of laborers on the work site, properly secluded from public observation, shall be constructed and maintained by the Contractor in such manner and at such points as shall be approved by the Owner's Representative and their use shall be strictly enforced. 21. OBSERVATION AND TESTING The Owner or Owner's Representative shall have the right at all times to observe and test the work. Contractor shall make necessary arrangements and provide proper facilities and access for such observation and testing at any location wherever such work is in preparation or progress. Contractor shall ascertain the scope of any observation that may be contemplated by Owner or Owner's Representative and shall give ample notice as to the time each part of the work will be ready for such observation. Owner or Owner's Representative may reject any such work found to be defective or not in accordance with the contract documents, regardless of the stage of its completion or the time or place of discovery of such errors and regardless of whether Owner's Representative has previously accepted the work 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 will be in accordance with the methods prescribed by the American Society for Testing and Materials or such other applicable organization as may be required by law or the contract documents. t- If any such work which is required to be inspected, tested, or approved is covered up without written approval or consent of the Owner or Owner's Representative, it must, if requested by the Owner or Owner's Representative, be uncovered for observation and testing at the Contractor's expense. The cost of all such inspections, tests and approvals shall be borne by the Contractor unless otherwise provided herein. Any work which fails to meet the requirements of any such tests, inspections or approvals, and any work which meets the requirements of any such tests or approvals but does not meet the requirements of the contract documents shall be considered defective, and shall be corrected at the Contractor's expense. Neither observations by the Owner or Owner's Representative, nor inspections, tests, or approvals made by Owner, Owner's Representative, or other persons authorized under the contract documents to make such inspections, tests, or approvals shall relieve the Contractor from its obligation to perform the work in accordance with the requirements of the contract documents. 22. DEFECTS AND THEIR REMEDIES It is expressly agreed that if the work or any part thereof, or any material brought on the site of the work for use in the work or selected for the same, shall be deemed by the Owner or Owner's Representative as unsuitable or not in conformity with plans, specifications and/or contract documents, the Contractor shall, after receipt of written notice thereof from the Owner's Representative, forthwith remove such material and rebuild or otherwise remedy such work so that it shall be in full accordance with the contract documents. It is further agreed that any remedial action contemplated as hereinabove set forth shall be at Contractor's expense. 23. CHANGES AND ALTERATIONS The Contractor further agrees that the Owner may make such changes and alterations as the Owner may see fit, in the line, grade, form dimensions, plans or materials for the work herein contemplated, or any part thereof, either before or after the beginning of the construction, without affecting the validity of this contract and the accompanying bond. If such changes or alterations diminish the quantity of the work to be done, they shall not constitute the basis for a claim for damages, or anticipated profits on the work that may be dispensed with. If they increase the amount of work, and the increased work can fairly be classified under the specifications, such increase shall be paid according to the quantity actually done and at the unit price established for such work under this contract; otherwise such additional work shall be paid for as provided under Extra Work. In case the Owner shall make such changes or alterations as shall make useless any work already done or material already furnished or used in said work, then the Owner shall recompense the Contractor for any material or labor so used, and for actual expenses incurred in preparation for the work as originally planned. 24. EXTRA WORK The term extra work„ as used in this contract shall be understood to mean and include all work that may be required by the Owner or Owner's Representative to be done by the Contractor to accomplish any change, alteration or addition to the work as shown on the plans and specifications or contract documents and not covered by Contractor's proposal, except as provided under Changes and Alterations 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 25. 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 Benefits, Maintenance Bonds, Public Liability and Property Damage and Workers' Compensation and all other insurances as may be required by law or ordinances or directed by the Owner or Owner's Representative, or by them agreed to. Owner's Representative may direct the form in which accounts of the actual field cost shall be kept and records of these accounts shall be made available to the Owner's Representative. The Owner's Representative may also specify in writing, before the work commences, the method of doing the work and the type and kind of machinery and equipment to be used; otherwise, these matters shall be determined by the Contractor. Unless otherwise agreed upon, the prices for the use of machinery and equipment shall be determined by using 100%, unless otherwise specified, of the latest Schedule of Equipment and Ownership Expenses adopted by the Associated General Contractors of America. Where practical, the terms and prices for the use of machinery and equipment shall be incorporated in the written extra work order. The fifteen percent (15%) of the actual field cost to be paid to Contractor shall cover and compensate Contractor for its profit, overhead, general superintendence and field office expense, and all other elements of cost and expense not embraced within the actual field cost as herein defined, save that where the Contractor's Camp or Field Office must be maintained primarily on account of such Extra Work, then the cost to maintain and operate the same shall be included in the "actual field cost." No claim for extra work of any kind will be allowed unless ordered in writing by Owner's Representative. In case any orders or instructions appear to the Contractor to involve extra work for which Contractor should receive compensation or an adjustment in the construction time, Contractor shall prior to commencement of such extra work, make written request to the Owner's Representative for a written order authorizing such extra work. Should a difference of opinion arise as to what does or does not constitute extra work or as to the payment therefore, and the Owner's Representative insists upon its performance, the Contractor shall proceed with the work after making written request for written order and shall keep adequate and accurate account of the actual field cost thereof, as provided under Method (C) (1). If Contractor does not notify Owner's Representative before the commencement of any extra work, any claim for payment due to alleged extra work shall be deemed waived. DISCREPANCIES AND OMISSIONS It is further agreed that it is the intent of the contract documents that all work described in the proposal, the specifications, plans and other contract documents, is to be done for the prices quoted by the Contractor and that such price shall include all appurtenances necessary to complete the work in accordance with the intent of these contract documents as interpreted by Owner's Representative. Notices of any discrepancies or omissions in these plans, specifications, or contract documents, shall be given to the Owners' Representative and a clarification obtained before the proposals are received, and if no such notice is received by the Owner's Representative prior to the opening of proposals, then it shall be deemed that the Contractor fully understands the work to be included and has provided sufficient sums in its proposal to complete the work in accordance with these plans and specifications. If Contractor does not notify Owner's Representative before offering of any discrepancies or omissions, then it shall be deemed for all purposes that the plans and specifications are sufficient and adequate for completion of the project. It is further agreed that any request for clarification must be submitted no later than five (5) calendar days prior to the opening of proposals. 6 4 L 26. RIGHT OF OWNER TO MODIFY METHODS AND EQUIPMENT If at any time the methods or equipment used by the Contractor are found to be inadequate to secure the quality of work with the rate of progress required under this contract, the Owner or Owner's Representative may order the Contractor in writing to increase their safety or improve their character and efficiency and the Contractor shall comply with such order. If, at any time, the working force of the Contractor is inadequate for securing the progress herein specified, the Contractor shall, if so ordered in writing, increase its force or equipment, or both, to such an extent as to give reasonable assurance of compliance with the schedule of progress. 27. PROTECTION AGAINST ACCIDENT TO EMPLOYEES AND THE PUBLIC AND GENERAL INDEMNITY The Contractor shall take out and procure a policy or policies of Workers' Compensation Insurance with an insurance company licensed to transact business in the State of Texas, which policy shall comply with the Workers' Compensation laws of the State of Texas. The Contractor shall at all times exercise reasonable precaution for the safety of employees and others on or near the work and shall comply with all applicable provisions of federal, state and municipal laws and building and construction codes. All machinery and equipment and other physical hazards shall be guarded in accordance with the "Manual of Accident Prevention in Construction" of Associated General Contractors of America, except where incompatible with federal, state or municipal laws or regulations. The Contractor, its sureties and insurance carriers shall defend, indemnify and hold harmless the Owner and all of its officers, agents and employees against any all losses, costs, damages, expenses, liabilities, claims and/or causes of action, whether known or unknown, fixed, actual, accrued or contingent, liquidated or unliquidated, including, but not limited to, attorneys' fees and expenses, in connection with, incident to, related to, or arising out of, the Contractor's or any subcontractor's, agent's or employee's, in any manner whatsoever, omission, execution and/or supervision of this contract, and the project which is the subject matter of this contract. The safety precautions taken shall be the sole responsibility of the Contractor, in its sole discretion as an Independent Contractor; inclusion of this paragraph in the Agreement, as well as any notice which may be given by the Owners or the Owner's Representative concerning omissions under this paragraph as the work progresses, are intended as reminders to the Contractor of its duty and shall not be construed as any assumption of duty to supervise safety precautions by either the Contractor or any of its subcontractors. 28. CONTRACTOR'S INSURANCE The Contractor shall not commence work under this contract until he has obtained all insurance as required in the General Conditions of the contract documents, from an underwriter authorized to do business in the State of Texas and satisfactory to the City. Proof of coverage shall be furnished to the City and written notice of cancellation or any material change will be provided ten (10) calendar days in advance of cancellation or change. All policies of insurance, required herein, including policies of insurance required to be provided by Contractor and its subcontractors, shall contain a waiver of any and all of the insurer's or payor's, in the event of self- insurance, rights to subrogation that any such insurer or payor, in the event of self-insurance, may acquire by virtue of payment of any loss under such insurance or self-insurance. All certificates of insurance submitted to the City in conformity with the provisions hereof shall establish such waiver. The Contractor shall procure and carry at its sole cost and expense through the life of this contract, insurance protection as hereinafter specified. Coverage in excess of that specified herein also shall be acceptable. Such insurance shall be carried with an insurance company authorized to transact business in the State of Texas and shall cover all operations in connection with this contract, whether performed by the Contractor or a subcontractor, or separate policies shall be provided covering the operation of each subcontractor. A certificate of insurance specifying each and all coverages shall be submitted prior to contract execution. PROOF OF COVERAGE SHALL BE FURNISHED TO THE CITY OF LUBBOCK IN THE FORM OF . A CERTIFICATE OF INSURANCE 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 ,l 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. ' A. Commercial General Liability Insurance (Primary Additional Insured and Waiver of Subrogation required) The contractor shall have Comprehensive General Liability Insurance with limits of $1,000.000 Combined Single Limit in the aggregate and per occurrence to include: Products & Completed Operations Hazard Contractual Liability Personal Injury & Advertising Injury_.' C. D. E. 11 Owner's and Contractor's Protective Liability Insurance. NOT REQUIRED Comprehensive Automobile Liability Insurance (Waiver of Subrogation Required) The Contractor shall have Comprehensive Automobile Liability Insurance with limits of not less than; Bodily Injury/Property Damage, $1,000.000 Combined Single Limit, to include all owned and non -owned cars including: Employers Non -ownership Liability Hired and Non -owned Vehicles. Builder's Risk Insurance/Installation Floater Insurance. NOT REQUIRED. l' Umbrella Liability Insurance. NOT REQUIRED 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 i Subcontractor on the job with Employers Liability of at least $500,000 i 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. 1 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. I Persons providing services on the project ("subcontractor" in Section 406.096, Texas Labor Code) - includes all persons or entities performing all or part of the services the Contractor has undertaken to perform on the project, regardless of whether that person contracted directly with the Contractor and regardless of whether that person has employees. This includes, without 1j 1 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. a 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 1-' on the project, for the duration of the project. 3. The Contractor must provide a certificate of coverage to the governmental entity prior to being awarded the contract. 4. If the coverage period shown on the Contractor's current certificate of coverage ends during the duration of the project, the Contractor must, prior to the end of the coverage period, file a new certificate of coverage with the governmental entity showing that coverage has been extended. 5. The Contractor shall obtain from each person providing services on the project, and provide tot e governmental entity: (a) a certificate of coverage, prior to that person beginning work on the project, so the governmental entity will have on file certificates of coverage showing coverage for all persons providing services on the project; and (b) no later than seven days after receipt by the Contractor, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project. 6 The Contractor shall retain all required certificates of coverage for the duration of the project and for one year thereafter. 7. The Contractor shall notify the governmental entity in writing by certified mail or personal delivery, within 10 days after the Contractor knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project. 8. The Contractor shall post on each project site a notice, in the text, form and manner prescribed by the Texas Workers' Compensation Commission, informing all persons providing services on the project that they are required to be covered, and stating how a person may verify coverage and report lack of coverage. 9. The Contractor shall contractually require each person with whom it contracts to provide services on the project, to: (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; t , (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 3 (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 1 coverage ends during the duration of the project; (e) retain all required certificates of coverage on file for the duration of the project and for one year thereafter; (f) notify the governmental entity in writing by certified mail or personal delivery, within 10 days after the person knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project; and (g) contractually require each person with whom it contracts to perform as required by _ paragraphs (a) - (g), with the certificates of coverage to be provided to the person for whom they are providing services. I "! 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 r- will provide services on the project will be covered by worker's compensation coverage for the duration of the project, that the coverage will be based on proper reporting of classification codes and payroll amounts, and that all coverage agreements will be filed with the appropriate insurance = _1 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 1_ _ 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 naine and address of the insured. 1 (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. • f 10 (5) A provision that the policy may be canceled only by mailing written notice to the named insured at the address shown in the proposal specifications. (6) A provision that written notice shall be given to the City ten days prior to any change in or cancellation of the policies shown on the certificate. (7) The certificate or certificates shall be on the form (or identical copies thereof) contained in the job specifications. No substitute of nor amendment thereto will be acceptable. (8) If policy limits are paid, new policy must be secured for new coverage to complete project. ,: (9) A Contractor shall: (a) provide coverage for its employees providing services on a project, for the duration of the project based on proper reporting of classification codes and payroll amounts and filling of any coverage agreements; (b) provide a certificate of coverage showing workers' compensation coverage to the governmental entity prior to beginning work on the project; (c) provide the governmental entity, prior to the end of the coverage period, a new certificate of coverage showing extension of coverage, if the coverage period shown on the Contractor's current certificate of coverage ends during the duration of the project; (d) obtain from each person providing services on a project, and provide to the governmental entity: (i) a certificate of coverage, prior to that person beginning work on the project, so the governmental entity will have on file certificates of coverage showing coverage for all persons providing services on the project; and no later than seven days after receipt by the Contractor, a new certificate of coverage showing extension of coverage, : if the coverage period shown on the current certificate of coverage ends during the duration of the project; (e) retain all required certificates of coverage on file for the duration of the project and for one year thereafter; (f) notify the governmental entity in writing by certified mail or personal delivery, within 10 days after the Contractor knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project; (g) post a notice on each project site informing all persons providing services on the project that they are required to be covered, and stating how a person may verify current coverage and report failure to provide coverage. This notice does not satisfy other posting requirements imposed by the Texas Worker's Compensation Act or other commission rules. This notice must be printed with a title in at least 30-point bold type and text in at least 19-point normal type, and shall be in both English and Spanish and any other language common to the worker population. The text for the notices shall be the following text provided by the commission on the sample notice, without any additional words or changes: REQUIRED WORKERS' COMPENSATION COVERAGE "The law requires that each person working on this site or providing services related to this construction project must be covered by workers' compensation insurance. This t 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. " _ 11 "Call the Texas Workers' Compensation Commission at 800-372-7713 or 512-804- 4000 (www.tdi.state.mus) to receive information of the legal requirements for coverage, to verify whether your employer has provided the required coverage, or to report an employer's failure to provide coverage; " and (h) contractually require each person with whom it contracts to provide services on a project, to: (i) provide coverage based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements for all of its employees providing services on the project, for the duration of the project; (ii) provide a certificate of coverage to the Contractor prior to that person beginning work on the project; (iii) include in all contracts to provide services on the project the following language: "By signing this contract or providing or causing to be provided a certificate of coverage, the person signing this contract is representing to the governmental entity that all employees of the person signing this contract who will provide services on the project will be covered by workers' compensation coverage for the duration of the project, that the coverage will be based on proper reprinting of classification codes and payroll amounts, and that all coverage agreements will be filed with the appropriate insurance carrier or, in the case of a self -insured, with the commission's Division of Self -Insurance Regulation. Providing false or misleading information may subject the Contractor to administrative penalties, criminal penalties, civil penalties, or other civil actions."; r", P (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 -1 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 (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. 12 29. DISABLED EMPLOYEES Contractors having more than fifteen (15) employees agree to comply with the Americans with Disabilities Act of 1990, and agree not to discriminate against a qualified individual with a disability because of the disability of such individual in regard to job application procedures, the hiring, advancement, or discharge of employees, employee compensation, job training, and other terms, conditions, and privileges of employment. 30. PROTECTION AGAINST CLAIMS OF SUBCONTRACTORS, LABORERS MATERIALMEN, AND FURNISHERS OF MACHINERY EQUIPMENT AND SUPPLIES Without limiting, in any way, manner or form, the indemnity provided by Contractor in paragraph 27 hereof, the Contractor agrees that it will indemnify and save the Owner and all of its officers, agents and employees, harmless against any and all claims, liabilities, losses, damages, expenses and causes of action arising out of, in any way, manner or form, the demands of subcontractors, laborers, workmen, mechanics, material men and furnishers of machinery and parts thereof, equipment, power tools, and supplies, incurred in the performance of this contract and the project which is the subject matter of this contract. When Owner so desires, the Contractor shall furnish satisfactory evidence that all obligations of the nature hereinabove designated have been paid, discharged or waived. 31. PROTECTION AGAINST ROYALTIES OR PATENT INVENTION The Contractor shall pay all royalties and .license fees, and shall provide for the use of any design, device, material or process covered by letters patent or copyright by suitable legal agreement with the Patentee or owner thereof. Without limiting, in any way, manner or form, the indemnity provided by Contractor in paragraph 27 hereof, the Contractor shall defend all suits or claims for infringement of any patent or copyrights and shall indemnify and save the Owner, and all of its officers, agents and employees harmless from any loss on account thereof, except that Owner shall defend all such suits and claims and shall be responsible for all such loss when a particular design, device, material or process or the product of a particular manufacturer or manufacturers is specified or required in these contract documents by Owner; provided, however, if choice of alternate design, device, material or process is allowed to the Contractor, then Contractor shall indemnify and save Owner, and all of its officers, agents and employees harmless from any loss on account thereof. Notwithstanding anything herein to the contrary, if the material or process specified or required by Owner and/or this contract is an infringement, the Contractor shall be responsible for such loss unless it gives written notice of such infringement to the Owner's Representative prior to offering. 32. LAWS AND ORDINANCES The Contractor shall at all times observe and comply with all federal, state and local laws, ordinances and regulations, which in any manner affect the contract or the work, and without limiting, in any way, manner or form, 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 proposing and any necessary changes shall be adjusted as provided in the contract for changes in the work. In the absence of timely written notification to Owner's Representative of such variance or variances within said time, any objection and/or assertion that the plans and specifications are at variance with any federal, state or local laws, ordinances or regulations shall be deemed waived. If the Contractor, its employees or subcontractors perform any work contrary to such laws, ordinances, rules and regulations, and without such notice to the Owner's Representative, Contractor shall bear all costs arising there from. 13 33 34. 35. 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 may withhold permanently from Contractor's total compensation, the sum of $1,000 (ONE THOUSAND DOLLARS and 00/100) 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. TIME AND ORDER OF COMPLETION It is the meaning and intent of this contract, unless otherwise herein specifically provided, that the Contractor shall be allowed to prosecute its work at such time and sessions, in such order of precedence, and in such manner as shall be most conductive to economy of construction; provided, however, that the order and time of prosecution shall be such that the work shall be substantially completed as a whole and in part, in accordance with this contract, the plans and specifications, and within the time of completion designated in the proposal; provided, also, that when the Owner is having other work done, either by contract or by its own force, the Owner's Representative 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. 14 E_ 36. TIME OF PERFORMANCE The Contractor agrees that'it has submitted its proposal in full recognition of the time required for the completion of this project, taking into consideration the average climatic range and industrial conditions prevailing in this locality, and has considered the liquidated damage provisions of paragraph 34 hereinabove set forth and expressly agrees that it shall not be entitled to, nor will it request, an extension of time on this contract, except when its work has been delayed by an act or neglect of the Owner, Owner's Representative, employees of the Owner or B 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 where the work is stopped by order of the Owner or Owner's Representative for the Owner's convenience, in which event, such expense as in the sole judgment of the Owner's Representative that is caused by such stoppage shall be paid by Owner to Contractor. 38. QUANTITIES AND MEASUREMENTS No extra or customary measurements of any kind will be allowed, but the actual measured or computed length, area, solid contents, number and weight only shall be considered, unless otherwise specifically provided. In the event this contract is let on a unit price basis, then Owner and Contractor agree that this contract, including the specifications, plans and other contract documents are intended to show clearly all work to be done and material to be furnished hereunder. Where the estimated quantities are shown, and only when same are expressly stated to be estimates, for the various classes of work to be done and material to be furnished under this contract, they are approximate and are to be used only as a basis for estimating the probable cost of the work and for comparing their proposals offered for the work. In the event the amount of work to be done and materials to be furnished are expressly stated to be estimated, and only when same are expressly stated to be estimated, it is understood and agreed that the actual amount of work to be done and the materials to be furnished under this contract may differ somewhat from these estimates, and that where the basis for payment under this contract is the unit price method, payment shall be for the actual amount of work done and materials furnished on the project. 39. PROTECTION OF ADJOINING PROPERTY The Contractor shall take proper means to protect the adjacent or adjoining property or properties in any way encountered, which may be injured or seriously affected by any process of construction to be undertaken under this agreement, from any damage or injury by reason of said process of construction; and Contractor shall be liable for any and all claims for such damage on account of his failure to fully protect all adjacent property. Without limiting, in any way, manner and form, the indemnity provided by Contractor in paragraph 27 hereof, the Contractor agrees to indemnify, save and hold harmless the Owner, and any of its 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. 15 .11 41 42. 43. PRICE FOR WORK In consideration of the furnishing of all necessary labor, equipment and material and the completion of all work by the Contractor, and on the delivery of all materials embraced in this contract in full conformity with the specifications and stipulations herein contained, the Owner agrees to pay the Contractor the price set forth in the proposal attached hereto, which has been made a part of this contract, and the Contractor hereby agrees to receive such price in full for furnishing all materials and all labor required for the aforesaid work, also, for all expenses incurred by Contractor and for well and truly performing the same and the whole thereof in the manner and according to this agreement, the attached specifications, plans, contract documents and requirements of Owner's Representative. 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 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. 16 44. FINAL COMPLETION AND PAYMENT The Contractor shall give written notice to Owner's Representative of final completion. Upon written notice of final completion, the Owner's Representative shall proceed to make final measurement to determine whether final completion has occurred. If the Owner's Representative determines final completion has occurred, Owner's Representative shall so certify to the Owner. Upon certification by Owner's Representative of final completion, ' Owner shall pay to the Contractor on or before the 31 st working day after the date of certification of final completion, the balance due Contractor under the terms of this agreement. Neither the certification of final completion nor the final payment, nor any provisions in the contract documents shall relieve the Contractor of the }; obligation for fulfillment of any warranty which may be required in the contract documents and/or any warranty .` or warranties implied by law or otherwise. 45. CORRECTION OF WORK Contractor shall promptly remove from Owner's premises all materials condemned by the Owner's Representative on account of failure to conform to the contract documents, whether actually incorporated in the work or not, and Contractor shall at its own expense promptly replace such condemned materials with other materials conforming to the requirements of the contract documents. Contractor shall also bear the expense of restoring all work of other contractors damaged by any such removal or replacement. If Contractor does not remove and replace any such condemned work within a reasonable time 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: (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, 17 I- i and constitute a waiver of the right to assert any claim against Owner, Owner's agents and employees and Owner's Representative, by Contractor. NON-COMPLIANCE AND/OR ABANDONMENT BY CONTRACTOR In case the Contractor should (1) abandon and fail or refuse to resume work within fifteen (15) calendar days after written notification from the Owner or the Owner's Representative, or (2) if the Contractor fails to comply with the written orders of the Owner's Representative, when such orders are consistent with this contract, then the Surety on the bond shall be notified in writing and directed to complete the work and a copy of said notice shall be delivered to the Contractor. In the event a bond is not required by law, or otherwise obtained by the Contractor, no further notice of such non-compliance to Contractor shall be required. After receiving said notice of abandonment or non-compliance , the Contractor shall not remove from the work any machinery, equipment, tools, materials or supplies then on the job, but the same, together with any materials and equipment under the contract for work, may be held for use on the work by the Owner or the Surety of the Contractor, or another contractor, in completion of the work; and the Contractor shall not receive any rental or credit therefore (except when used in connection with Extra Work, where credit shall be allowed as provided for under paragraph 24 of this contract); it being understood that the use of such equipment and materials will ultimately reduce the cost to complete the work and be reflected in the final settlement. In the event the Contractor, or Surety, whichever is applicable, should fail to commence compliance with the notice hereinbefore provided within ten (10) calendar days after service of such notice, and/or shall fail to proceed with diligence to complete the project as contemplated and in compliance with all terms and provisions of the contract documents, then the Owner may exercise any and all remedies available to it pursuant to law, contract, equity or otherwise, including, but not limited to, providing for completion of the work in either of the following elective manners: (a) The Owner may employ such force of men and use of machinery, equipment, tools, materials and supplies as said Owner may deem necessary to complete the work and charge the expense of such labor, machinery, equipment, tools, materials and supplies to said Contractor, and the expense so charged shall be deducted and paid by the Owner out of such moneys as may be due, or that may thereafter at any time become due to the Contractor under and by virtue of this Agreement. In case such expense is less than the sum which would have been payable under this contract, if the same had been completed by the Contractor, then said Contractor shall receive the difference. In case such expense is greater than the sum which would have been payable under this contract, if the same had been completed by said Contractor, then the Contractor and/or its Surety shall pay the amount of such excess to the Owner; or (b) The Owner, under sealed proposals, after notice published as required by law, at least twice in a newspaper having a general circulation in the County of location of the work, may let the contract for the completion of the work under substantially the same terms and conditions which are provided in this contract. In case of any increase in cost to the Owner under the new contract as compared to what would have been the cost under this contract, such increase shall be charged to the Contractor and the Surety shall be and remain bound therefore. Should the cost to complete any such new contract prove to be less than that which would have been the cost to complete the work under this contract, the Contractor or his Surety shall be credited therewith. In the event the Owner's Representative elects to complete the work, as described above, when the work shall have been finally completed, the Contractor and his Surety shall be so notified and certification of completion as provided in paragraph 44 hereinaeove 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. 18 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. 50. BONDS The Contractor is required to furnish a performance bond in accordance with Chapter 2253, Government Code, in the amount of 100% of the total contract price in the event that said contract price exceeds $100,000 and the Contractor is required to furnish a payment bond in accordance with Chapter 2253, Government Code, in the amount of 100% of the total contract price in the event that said contract price exceeds $25,000. All bonds shall ' be submitted on forms supplied by the Owner, and executed by an approved Surety Company authorized to do business in the State of Texas. It is further agreed that this contract shall not be in effect until such bonds are so furnished. 51. SPECIAL CONDITIONS In the event special conditions are contained herein as part of the contract documents and said special conditions conflict with any of the general conditions contained in this contract, then in such event the special conditions shall control. 52. LOSS OR EXPENSE DUE TO UNUSUAL OR UNANTICIPATED CIRCUMSTANCES t..- 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 19 53. 54. 55 56. 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. 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 perfortnanee 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. 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. HAZARDOUS SUBSTANCES AND ASBESTOS Hazardous Substances (herein so called), as defined in the Comprehensive Environmental Response, Compensation, and Liability Act (42 U.S.C.S. §9601(14)) and the regulations promulgated thereunder, as same may be amended from time to time, hydrocarbons or other petroleum products or byproducts and/or asbestos, in any form, shall not (i) be utilized, in any way, manner or form, in the construction of, or incorporation into, the Project; or (ii) be brought upon, placed, or located, by any party, on the Project site, or any other property of the City, without the written consent of the Owner's Representative. If Contractor believes that the utilization of a Hazardous Substance, hydrocarbons or other petroleum products or byproducts and/or asbestos is necessary in the construction of the Project, or that it is necessary to place and/or otherwise locate upon the site of the Project or other property of the City, a Hazardous Substance, hydrocarbons or other petroleum products or byproducts and/or asbestos, Contractor shall notify the Owner's Representative, and request consent therefrom, at least twenty (20) days prior to such action. Owner's Representative may grant or deny the request of Contractor and provide whatever requirements such consent, if granted, is conditioned upon, in its sole and absolute discretion. If the request of Contractor is not granted, or otherwise not responded to, by Owner's Representative within five (5) days of the receipt of said request, said request shall be deemed to be denied. In the event Owner's Representative shall consent to the request of Contractor, Contractor shall be responsible for ensuring that all personnel involved in the Project are (i) trained for the level of expertise required for proper performance of the actions contemplated by this Contract and, in particular, in all aspects of handling, storage, disposal and exposure of Hazardous Substances, hydrocarbons or other petroleum products or byproducts and/or 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. NON -APPROPRIATION 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 m t, } 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. 21 Pa2e Intentionally Left Blank DAVIS-BACON WAGE DETERMINATIONS Page Intentionally Left Blank EXHIBIT A GENERAL DECISION: TX20080028 02/08/2008 TX28 Date: February 8, 2008 General Decision Number: TX20080028 02/08/2008 Superseded General Decision Number: TX20070028 State: Texas Construction Types: Heavy and Highway Counties: Ector, Lubbock, Midland, Potter, Randall, Taylor [:_,I and Tom Green Counties in Texas. HEAVY (excluding tunnels & dams) and HIGHWAY PROJECTS (does not include building structures in rest area projects). Modification Number Publication Date 0 02/08/2008 * SUTX2004-001 11/09/2004 Rates Fringes Asphalt Distributor Operator...$ 9.25 0.00 Asphalt Heater Operator ........ $ 11.21 0.00 �E Asphalt paving machine operator$ 11.16 0.00 Asphalt Raker ..................$ 9.51 0.00 Broom or Sweeper Operator ...... $ 8.57 0.00 Bulldozer operator ...........$ 9.76 0.00 w. Carpenter ......................$ 12.61 0.00 Concrete Finisher, Paving ...... $ 13.26 0.00 Concrete Finisher, Structures..$ 11.20 0.00 Crane, Clamshell, Backhoe, Derrick, Dragline, Shovel Operator .......................$ 11.00 0.00 Electrician. .$ 17.00 0.00 l Form Builder/Setter, Structures$ 9.26 0.00 Form Setter, Paving & Curb ..... $ 9.82 0.00 Front End Loader Operator ...... $ Laborer, common ................$ 10.52 8.51 0.00 0.00 Laborer, Utility ...............$ 10.46 0.00 Mechanic .......................$ 16.85 0.00 Motor Grader Operator Rough .... $ 11.75 0.00 Motor Grader Operator, Fine Grade ..........................$ 13.50 0.00 Planer Operator******** ........ $ 13.36 0.00 Roller Operator, Pneumatic, 0.00 Self -Propelled ............. ..$ 7.67 Roller Operator, Steel Wheel, Flat Wheel/Tamping.............$ 8.06 0.00 Roller Operator, Steel Wheel, Plant Mix Pavement .............$ 7.50 0.00 Scraper Operator ...............$ 8.50 0.00 Servicer...................$ 8.98 0.00 Slip Form Machine Operator.... .$ 13.64 0.00 Tractor operator, Pneumatic .... $ 12.00 0.00 Traveling Mixer Operator ....... $ 12.00 0.00 Truck driver, lowboy -Float.....$ 12.67 0.00 Truck driver, Single Axle, Heavy ..........................$ 8.50 0.00 Truck driver, Single Axle, Light............ ......$ 8.08 0.00 Truck Driver, Tandem Axle, Semi -Trailer ...................$ 8.66 0.00 -_ Welder .........................$ 15.25 0.00 Work Zone Barricade Servicer... ---------------------------------------------------------------- $ 8.28 0.00 WELDERS - Receive rate prescribed for craft performing operation to which welding is incidental. Unlisted classcations 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 tD 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 * a survey underlying a wage determination * a Wage and Hour Division letter setting forth a position on a wage determination matter * a conformance (additional classification and rate) ruling On survey related matters, initial contact, including requests for summaries of surveys, should be with the Wage and Hour Regional Office for the area in which the survey was conducted because those Regional Offices have responsibility for the Davis -Bacon survey program. If the response from this initial contact is not satisfactory, then the process described in 2.) and 3.) should be followed. With regard to any other matter not yet ripe for the formal process described here, initial contact should be with the Branch of Construction Wage Determinations. Write to: Branch of Construction Wage Determinations Wage and Hour Division U.S. Department of Labor 200 Constitution Avenue, N.W. -• ri 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 J 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 EXHIBIT C Prevailing Wage Rates Legal Holiday Rate The rate for legal holidays shall be as required by the Fair Labor Standards Act. 2009 CONCRETE REPLACEMENT LOCATI Page Intentionally Left Blank Concrete Replacement Locations LOCATION FILLETS VALLEY GUTTER SQUARE YARDS RAMPS CURB HOT MIX S.Y. 36th and Ave G West Side Yes 10' x 29' 65 No 0 40 36th and Ave B Yes 10' x 29' 65 No 10' 40 40th and I-27 Yes 10' x 33' 71 No 0 44 40th and Locust West Side Yes 10' x 48' 88 No 20' 49 36th and Locust West Side Yes 10' x 29' 65 No 20' 40 34th and Magnolia South Side Yes 52' x 46' 266 No 10' 50 44th and globe West side Yes 10' x 48' 86 No 49 38th and Quaker East side Yes 10' x 39' 76 No 0 47 38th and Orlando Both Sides Yes 10' x 39' 76 No 0 44 41 st and Orlando Yes 10' x 29' 65 No 0 40 41 st and Peoria Yes 10' x 33' 71 Yes 0 44 43rd and Quaker Yes 10' x 39' 76 Yes 0 47 44th and Quaker Yes 10' x 33' 71 Yes 0 44 44th and Joliet No 10' x 29' 33 No 0 25 46th and Orlando Yes 10' x 33' 71 No 0 44 51 st and Orlando Yes 10' x 39' 76 No 0 47 54th and Orlando Yes 10' x 39' 76 No 0 47 56th and Peoria Yes 10' x 33' 71 No 0 44 60th and Memphis East Side Yes 10' x 33' 71 No 0 44 62nd and Indiana West Side Yes 10' x 33' 71 No 0 44 66th and Elgin both sides Yes 10 x 33 142 No 0 88 66th and Ave Q Yes 10' x 33' 71 No 0 44 66th and Ave R Yes 10' x 33' 71 No 0 44 66th and University Ave both sides Yes 20' x 70' 378 Yes 0 184 58th and Ave Q Yes 10' x 33' 71 Yes 0 44 74th and Canton Yes 10' x 33' 71 Yes 0 44 70th and Indiana Yes 10' x 33' 71 Yes 0 44 55th and Utica North side Yes 10' x 29' 65 Yes 0 44 58th and Wayne both sides Yes 10' x 33' 142 Yes 0 88 58th and York North side Yes 10' x 33' 71 Yes 0 44 59th and York North side Yes 10' x 33' 71 Yes 0 44 52nd and Raleigh West side Yes 10' x 33' 71 Yes 0 44 53rd and Raleigh both sides Yes 10' x 33' 142 Yes 0 88 57th and Wayne North side Yes 10' x 33' 71 Yes 0 44 43rd and Gary South side Yes 10' x 29' 65 No 0 44 42nd and Gary South side Yes 10' x 29' 65 No 0 44 Nashville and 58th East side Yes 10' x 33' 71 No 0 44 Concrete Replacement Locations Continued LOCATION FILLETS VALLEY GUTTER SQUARE YARDS RAMPS CURB HOT MIX S.Y. 77th and Quaker West side Yes 10' x 33' 71 Yes 0 44 Quaker and 95th Concrete Intersection No 650 No 60 300 Quaker and 84th Concrete Intersection No 750 Yes 40 300 86th and Quaker West side Yes 10' x 39 76 Yes 0 48 87th and Toledo East side Yes 10' x 33 71 No 0 44 Elgin and 2nd Place North side Yes 10' x 33' 71 No 0 36 Flint and 1st Place both sides No 10' x 33' 74 No 0 72 Flint and 1 st Street both sides No 10' x 33' 74 No 0 72 Erskine and Flint both sides No 10' x 33' 74 No 0 72 Gary and Bates both sides Yes 10' x 33' 142 No 0 88 Gary and Amherst North side Yes 10' x 33' 71 No 0 44 Gary and 1st Street both sides Yes 10' x 33' 142 No 0 88 Gary and 1st Place both sides Yes 10' x 33' 142 No 0 88 Elgin and Bates South side Yes 10' x 33' 71 No 0 44 Elgin and Aurburn South side No 10' x 33' 37 No 0 36 Elgin and 1 st Street North side No 10' x 33' 37 No 0 36 Elgin and 1st Place South side No 10' x 33' 37 No 0 36 University Ave and 70th Concrete Intersection Yes 980 Yes 0 490 East Ist and MLK East side Yes 10' x 33' 74 No 0 44 East 2nd and MLK East side Yes 10' x 33' 74 44 SPECIAL CONDITIONS Pay-e Intentionally Left Blank FSPECIAL CONDITIONS 1. TIME AND ORDER FOR COMPLETION The patching process covered by the contract documents shall be fully completed within 200 (TWO HUNDRED) consecutive calendar days from the date specified in the Notice to Proceed issued by the City of Lubbock to the successful Offeror. A. The concrete repairs, with locations and materials as designated by the City's representative, may begin as soon as the Contractor receives the Notice to Proceed, and proceed until all designated locations are completed. B. The repairs shall be completed by May 31, 2009. The Contractor shall pay to the owner $1,000.00 per day for each calendar day after May 31, 2009 until completion as liquidated damages. No credit will be given for bad weather days or other delays occurring before May 31, 2009 In the event it is determined b the City that the progress of the work is not satisfactory, the City may direct the Contractor to take Y Y p � such action as the City deems necessary to insure completion of the project within the time specified. 2. CHANGE S IN THE WORK The Street Department may make changes in the scope of the work required to be performed by the Contractor under the Contract or making additions thereto, or by omitting work therefrom, without involving the Contract, and without relieving or releasing the Contractor from any of his obligations under the contract or any guarantee given by him pursuant to the Contract provisions, and without affecting the validity of the guaranty bonds, and without relieving or releasing the surety or sureties of said bonds. All such work shall be executed under the terms of the original Contract unless it is expressly provided otherwise. Except for the purpose of affording protection against any emergency endangering health, life, limb or property, the Contractor shall make no change in the materials used or in the specified manner of constructing and/or installing the improvements or supply additional labor, services or materials beyond that actually required for the execution of the contract, unless in pursuance of a written order from the local Public Agency authorizing the Contractor to proceed with the change. No claim for an adjustment of the contract price will be valid unless so ordered. If applicable unit prices are contained in the agreement (established as a result of either a unit price proposal or a Supplement Schedule of Unit Prices) the Street Department may order the Contractor to proceed with desired changes in the work, the value of such changes to be determined by the measured quantities involved and the applicable unit prices specified in the contract; provided that in case of a unit price contract the net value of all changes does not increase or decrease the original total amount shown in the Agreement by more than twenty-five (25%) percent. 3. SUPERINTENDENCE The Contractor's Superintendent and/or his assistants will not be allowed to serve two functions simultaneously, such as operating machinery and acting as Superintendent at the same time. The Contractor's Superintendent must be free of individual responsibilities to enable him to give the entire project his constant attention to facilitate the progress thereof. The Contractor's Superintendent will be responsible for establishing grade control on concrete removal and replacement. 4. PROSECUTION OF WORK The Contractor will, before starting any work on any street, erect barricades and signs, or provide sufficient flagmen, as approved by the Street Superintendent, to give notice to vehicular traffic. During the construction the Contractor is to close to traffic streets, as approved by the Street Superintendent. At no time during the period of construction shall driveways and/or alleys be left impassable between the night hours of 6 P.M. to 6 A.M., except during the construction of the curb and gutter for which the driveways and/or alleys shall remain closed not more than 4 days including 72 hours for curing. The Contractor will, during the progress of the work, erect and maintain for twenty-four hours a day IJ such barricades and warnings, as approved by the Street Superintendent, necessary to give notice to vehicular and pedestrian traffic of any and all obstructions and insofar as possible keep the streets and/or alleys on which work is being done in a passable condition. During the time the concrete is curing in the alleys and until it can be opened to traffic, the Contractor shall maintain warning signs on barricades with lights at each end of the block until the alley can be opened to traffic. The flagmen will be required to wear vests and use the type of flag as shown on flagging detail sheet in specifications. All equipment working on the streets will at all times have at least two (2) red, orange or fluorescent red -orange flags at least 16" x 16" in size. These flags shall be mounted high enough on the equipment so that they will be visible to all traffic meeting or passing the equipment. j Before work is started on any street it will be the responsibility of the Contractor to notify each property owner that has a car or cars parked in their driveways or garages so that each owner might have the 1 opportunity to move their cars. The Contractor shall schedule his work on major thoroughfares and collectors at least 5 days in advance, in order that businesses may have time to adjust their plans. On all thoroughfares and collectors, the Contractor and the City's Representatives will work with each of the businesses, hospitals, schools, etc., so that only part of the driveways into their parking lots will be closed. At no time will any parking lot be completely closed, without prior approval from the Owner's Representative, unless the work is being accomplished at night and the businesses are closed. The Contractor shall be responsible for notifying affected businesses of the proposed work and the projected schedule for completion of this work. Immediately after each re -construction the Contractor shall clean, remove any paving materials from gutters, rubbish and temporary structures from the street, restore in an acceptable manner all property, both public and private which has been damaged during the prosecution of the work, and leave the site of the work in a neat and presentable condition throughout. The cost of the "cleanup" shall be included as part of the cost of the various items of the work involved, and no direct compensation will be made for this work. The Contractor should familiarize himself with the Texas Manual on UNIFORM TRAFFIC CONTROL DEVICES for Streets and Highways. Part VI. 5. BARRICADES AND DANGER WARNING AND DETOUR SIGNS AND TRAFFIC HANDLING The Contractor shall have the sole responsibility for providing, installing, moving, replacing, g, maintaining, cleaning and removing upon completion of work, all barricades, warning signs, barriers, cones, lights, signals and other such type devices for handling traffic control as indicated in the plans or as directed by the Street Superintendent. All barricades, warning signs, barriers, cones, lights, signals c and other such type devices shall conform to details shown on the plans and as indicated in the Texas Manual on Uniform Traffic Control Devices. The Contractor may provide special signs not covered by plans to protect the traveling public against special conditions or hazards, provided however, that such signs are first approved by the Street Superintendent. Upon completion of the work, all barricades, warning signs, barriers, cones, lights, signals and other such type devices and evident thereof shall be removed by the Contractor. 6. MAINTENANCE OF DETOURS The Contractor shall do such work as may be necessary to maintain detours and facilities for safe public travel in accordance with the Traffic Control Plan and these specifications. There shall be maintained in passable condition, such temporary roads and structures as may be necessary to accommodate public travel. Temporary approaches and crossings of intersecting highways shall be provided and maintained in a safe and passable condition by the Contractor at his entire expense. `- 7. PUBLIC SAFETY AND CONVENIENCE Ingress and egress to private property shall be provided as specified in the plans or as directed by the Street Superintendent. The Contractor shall plan and execute his operations in a manner that will cause the minimum interference with traffic. The Contractor shall secure the Street Superintendent's approval of his proposed plan of operation, sequence of work, and methods of providing for the safe passage of traffic before it is placed into operation. If at any time during construction the approved plan does not accomplish the intended purpose, due to weather or other conditions affecting the safe handling of traffic, the Contractor shall immediately make necessary changes therein to correct the unsatisfactory conditions. At night or otherwise, all equipment not in use shall be stored in such a manner and at such locations as not to interfere with the safe passage of traffic. The Contractor shall provide and maintain flaggers at such points an for such periods of time as may be required to provide for the safety and convenience of public travel and Contractor's personnel, and as directed by the Street Superintendent. Flaggers shall be English speaking, courteous, well informed, physically and mentally able to effectually perform their duties in safeguarding and directing traffic and protecting the work, and shall be neatly attired and �. groomed at all times when on duty. When directing traffic, flaggers shall use standard attire, flags and signals and follow the flagging procedures set forth in the Texas Manual on Uniform Traffic Control Devices for Streets and Highways. 8. REMOVING OBSTRUCTIONS 10 The Contractor shall familiarize himself with the existing obstructions including sidewalks, trees, poles, etc., prior to building. It shall be the Contractor's responsibility to remove these obstructions at the direction of the Street Superintendent, except that the utility companies will move their equipment at no cost to the Contractor. The Contractor will receive no compensation for delay caused by the Utility Companies in relocating or removing their equipment. TEST OF MATERIALS The City of Lubbock Pavement Management laboratory test results shall be the sole consideration for approval of materials, mix designs, adequacy of procedures, etc. The results of such testing shall be evaluated and final approval given by the Street Superintendent. - A. CONCRETE MATERIALS Before Concrete materials can be used on any street, a current mix design (not older than 30 days) with test reports will be submitted to the Street Superintendent for approval. During the construction period, concrete tests that fail will require the location to be cored at the contractor's expense. If the concrete cores fail, the concrete work will be removed and replaced at no additional cost to the City of Lubbock. B. HOT MIX The Contractor, or supplier of such materials, shall submit a mix design to the City Pavement Management office, at least thirty (30) days prior to the reconstruction, a mix design it shall include,_ but not limited to crushed face counts, Flakiness Index tests, and magnesium sulfate(soundness) tests. The gradation requirements shall be that as necessary to meet the gradation requirements of Item 6.3 (HMAC Mix Design Requirements). The crushed face count, Flakiness Index, and Magnesium Sulfate L: requirements shall meet those established in City of Lubbock Standard Paving Specifications, Item , number 6.4. SUBCONTRACTOR _1 � The Contractor shall not award any work to any subcontractor without prior written approval of the I Owner, which approval will not be given until the Contractor submits to the Owner a written statement concerning the proposed award to the subcontractor, which statement shall contain such information as i the Owner may require. The Contractor shall be as fully responsible to the Owner for the acts and omissions of his subcontractors, and of persons either directly or indirectly employed by them, as he is for the acts and omissions of persons directly employed by him. The Contractor shall cause appropriate provisions to be inserted in all subcontracts relative to the work to bind subcontractors to the Contractor by the terms of the General Conditions and other contract documents insofar as applicable to the work of subcontractors and to give the Contractor the same power as regard terminating any subcontract that the Owner may exercise over the Contractor under any provision of the contract documents. f�f Nothing contained in this contract shall create any contractual relation between any subcontractor and the Owner and said subcontractor will look exclusively to contractor for any payments due subcontractor. 11. UNDERGROUND UTILITIES The Contractor's attention is directed to the fact that pipelines and other underground installations as may be shown on the plans have been taken from the best available information. There may be other pipelines or installations. The Contractor shall hold harmless the City from any and all suits or claims resulting from damage by his operations to any pipeline or underground installation. It is the Contractor's responsibility, during the period of street construction, to insure that all utility cuts in the limits of street construction have been properly backfilled, compacted, and the top 6" inches backfilled with 2-sack flowable fill. It is not the intent to require the Contractor to provide for the utility cut repair but for the individual utility company making the cut to provide their own repairs. In the case of a City underground installation, the Contractor may be required, at the Street Superintendent's option, to repair the cut with 2-sack flowable fill at the unit price bid. 12. PARTIAL PAYMENTS On or before the tenth day of each month, the Contractor shall submit to Owner's Representative an application for partial payment. Owner's Representative shall review said application for partial payment and the progress of the work made by the Contractor and if found to be in order shall prepare a certificate for partial payment showing as completely as practical the total value of the work done by the Contractor up to and including the last day of the preceding month. 13. CORRECTION OF WORK AFTER FINAL PAYMENT Neither the final payment nor certificate nor any provision in this contract shall relieve the Contractor of responsibility for faulty materials or workmanship, and he shall remedy and defects due thereto and pay for any damage to other work resulting therefrom, which shall appear within a period of one (1) year from date of final acceptance of the project. The Owner or the Owner's Representative shall give notice of observed defects with reasonable promptness. 14. LABOR The Contractor must abide by the Wage and Hour Laws of the State of Texas, or the U.S. Department of Labor, and must not pay less than the rate legally prescribed or as set forth herein, whichever is higher. Payment for time worked over forty -hours per week shall be made at one and one-half (1-1/2) times the above prevailing rates. Payment for time worked on legal holidays shall be paid at one and one-half (1- 1/2) times the regular governing per diem wage rates. Any laborer, workman or mechanic required or permitted to work in excess of eight (8) hours per calendar day, under the emergency exceptions to House Bill No. 115 of the 44th Legislature invoked by HCR No. 201 of the 47th Legislature shall be paid on the basis of eight (8) hours constituting a day's work. (_r Paae Intentionally Left Blank I-W SPECIFICATIONS Page Intentionally Left Blank CiTY OF LUBBOCK STREET DEPARTMENT STANDARD PAVING SPECIFICATIONS 1.l GENERAL 'rhe construction and materials for any City of Lubbock Street Department 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) ovill be given to requests for reduced payments, except as specified, or extended warranties for construction or materials not in contbnnance with these. specifications or the plan sheets. The Street Superintendent 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 Street Superintendent before being incorporated into any project. After approval, the source and, or character of materials shall not be changed without written authorization by the Street Superintendent. The term Street Superintendent used in these specifications may refer to the City of Lubbock Street Superintendent or an individual designated by the Street Superintendent to administer these specifications and associated plans. 127 SPECIFICATIONS Any references to these specifications, ASTM, AASIITO, "i'xD0'I', or other designated tests, procedures, quality standards, or requirements which are included in these specifications or any associated plans shall be the latest edition and revision thereof. When information indicated on plan sheets is different from these specifications, the information on the plans shall govern. L3 WARRANTY AND ACCEPTANCF. 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 Street Superintendent, 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 ofthe 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 Street Superintendent. 1.4 TESTING: AND INSI'FQ'ION All work shall be inspected and: or tested by a representative designated by the Street Superintendent, who shall have the authority to halt construction when, in his opinion, construction is being pertbtmed contrary to these specifications or associated plans. Whenever any portion of these specifications or associated plans is violated, the Street Superintendent may order that portion of construction that is in violation to cease until such violation is corrected. t_OntrilG(or Shall GtJL)perslc with ihe Street Si;per,i)tetideltt :n prot-1- for <F?tnphn`,? and LCSImL procedures. In floe event City tests indicate out of specification materials, additional tests n)ay he provided by the contractor at his expense. rConflictina tests provided by the contractor will not automatically be considered as compliance with I specifications, but will be considered only as additional information to be used by the Street Superintendent 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 Citv 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 cornpiiance 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 rernove all equipment surplus materials, and rubbish from the site. The contractor shall restore all disturbed areas to their original condition satisfactory to the Street Superintendent. 1.6 NOTIFICATION OF PROPERTY OWNERS The contractor shall be responsible for maintaining positive communication with adjacent property owners. The contractor shall notify all affected property owners with respect to pending construction, restricted access, and driveway locations. 1.7 PROTECTION OF UTILITIES AND IRRIGATION SYSTEMS The plans show only approximate locations of utilities as obtained from various utility companies. It is not implied that all utilities or accurate locations are shown on the plans. It is the contractor's responsibility to huniliarize 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 1-900-545-6005 and provide time for ail utilities to be identified prior to construction. On al I 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 Street Superintendent prior to being covered. 1.8 WATER FOR CONSTRUCTION The City will not furnish water at no charge for construction. To use City water for construction the contractor shall acquire a water meter for use on a City fire hydrant, and will be charged the applicable rate for the quantity of ivater used. The contractor shall contact Lubbock Power and Light Customer Service Department (,75-2509) and establish a j is utility account. "fhe contractor must pay the current deposit for a ire 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 [)rive. 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. t For top loading trucks or containers the contractor shall provide a back flow prevention assembly on the discharge side of the meter. The backflow prevention assembly shall be in the form of two spring loaded ball check valves. When filling the truck or container 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. 4leter and Customer Service Supcmisor for approval. In accordance with City of Lubbock Ordinance No. 10208 "Pertaining to Backflow Prevention", the City representatives are authorized to suspend water use from a fire hydrant by a contractor until the proper and correct backflow prevention devices are installed. 2.1 CONCRETE These specifications shall govern Portland cement concrete used for curb and gutter, valley gutters, alley paving, sidewalks, street paving, drainage channels. The concrete shall be produced at a Ready -Mix Concrete Batch Plant conforming to AST:-i 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 he 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 Street Superintendent. 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 johuting as determined by the Strect Superintendent and a minimum reinforcement of number 5 bars on 1 S" centers both ways, or as indicated on plans. When delivered to the jobsite each truck shalt provide the load ticket indicating weights of all concrete ingredients, including cement, aggregates, water, and admixtures. 2.2 CLA$$IFICATION 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 Alley returns and alley paving. Class C Concrete street pavement, valley gutters and fillet areas. Class D Utility encasements t Class E Fast setting concrete pavement such as "last Track" Concrete Pavement or. other special design. i 2.3 MIX DESIGN' -1-wenty to thirty days prior to beginning any concrete construction the contractor shall submit the following to die Street Superintendent for approval: 1. Test certificates from an approved commercial testing laboratory on all proposed aggregate. Certificates shall indicate material source, gradation, and loss from 5 cycle Magnesium Sulfate or Sodium Sulfate test (not to exceed 18%) 2. A mix design based on water -cement ratio. 3. Results of compression tests in conformance with AST.b1 C 39 and/or flexural tests in conforniance with ASTM C 78, made by an approved commercial testing laboratory. Tests shall be made on 6 cylinders andror 6 beans at curing times appropriate to the class of concrete. The Street Superintendent will approve or reiect the mix design and materials based on these submittals. This approval shall be subject to additional testing during construction. Mix designs Ibr various classes of concrete shall conform to the following: Minimum Sacks Maximum Gat Maximum Slump Class i_ Cement per CY T �Vater pqr Sack inches A 5.0 6.5 5 B 5.5 5.5 5 C 6.0 6.0 3 D 4.5 6.5 5 E 7.0 5.0 As specified by concrete batch plant 2.4 STRENGTH REQUIREMENTS The various classes of concrete shall conform to the following minimum strengths in psi as determined by the average of two test cylinders or beams. If cares are subsequently used to prove compressive strength where test cylinders indicate failures, the required compressive strength shall be increased by 10%. COivIPRESSiVE FLEXURAL Class 3 Day 7 Dav A - 2100 3000 B 2500 3000 - - C - 2500 3600 600 (29 day) D - - 2500 - E 3000 psi at 24 hours 2.5 CEMENT Cement shall be Ty}ie 1, Type 11, Type III, or Type V cements, conforming to ASTM C 150 "Standard Specification for Portland Cement". Air entrained cement shall be Type [A, Type iIA, Type iI1A, or Type VA conforming to ASTM C 175 "Specification for Adding: Air Entraining to Portland Cement" and ASTIvf C 226 "Standard Specification for Air -Entraining Portland Cement". 2.6 G(:I2ECATE Concrete aMmi-gate shall consist of natural, washed and screened sand, and washed and screened gravel or clean crushed stone conforming to ASTM C 33. 4 The aggregates shall be well graded from coarse to fine with a maximum size of 1-1%2 inches, and shall contorm to ASTM C 136. All aggregate shalt be tree of injurious amounts of clay, soft or flaky materials, loam, or organic impurities. Fine aggregate shall be graded fi-orn titre to coarse and shall conform to ASTM C; 136. 'rhe gradation t"or aggregate shall meet the iollo«ing requirements by weight: COARSE AGfiREC�A_f!? Side Percent Retained . icve percent Retained a R8 inch 0 1-3!4 inch 0 No. 4 0-5 1-1,2 inch 0-5 No.16 20-55 3:"4inch 30.65 No. 30 45-75 31 inch 70.90 No. 50 70-90 No. 4 95-100 x No. 100 98-100 Maximum amounts of organic impurities shall conform to ASTM C 40 and ASTM C 87. Maximum amounts of impurities finer than the 4200 sieve shall conform to ASTM C 117. Maximum atnom5ts of soft particles shall C '' conform to ASTM C 123. Maximum amounts of friable particles shall conform to ASTNf C 142. Stockpiles shall be protected from dusty conditions by drift fences or other methods approved by the Street Superintendent. Stockpiling methods used shall not allow aggregate to roll down the slope as it is added to existing stockpiles. Stockpiles shall be built in layers of uniform thickness. Equipment shall not be permitted to operate over the same lift repeatedly. 2,7 FLOWAf3LI FILL Plowable fill shall consist of a concrete mixture of pea gravel and sand with a cement content of 1-1,2 sacks per cubic yard. Plowable fill shall be used for back611 in all utility ditches within the right of way, and other areas ,ts specified. Utility ditches in existing paved streets shall be backfillcd with flowablc till from the bottom of the ditch r to the paving surface. lase. of concrete in place of flouyable till is not acceptable, and if used in place offlowable fill shatl be removed by the contractor. 2.8 WATER Water shall be clean, clear, free from oil, acid or organic matter and free from injurious amounts of alkali, sails, or other chemicals and shall confonu to AASHTO T26. 2.9 ADMIXTURES Admixtures may be applied to the concrete mix design when approved by the Street Superintendent w achieve any desired special properties. Chemical admixtures shall conform to ASTM C 494. Chemical admixtures s Sal) not bg useds a uhstitutc for Cement. Mineral admixtures such as Fly Ash and Natural Pozzolans in conformance with ASTM C 618 may not be used with l'ypes L 11. ill, and V Portland Cement unl<<s ��ecitieal �clll�ras rci ��- t :e 4lrcc i Su}�Erinterdi Ott. tf approved only Class C or Cass P ny ash may he used. When fly ash is permitted to be used, " cernent' in relation to mix design shall he defi1K:d a-'. "GtiYltiit pi 5 Fly ash may constiurte no more than I S° � by absolute valu;ne of the cement as approved by the Street Superintendent. T_. 2-10 REINFORCING NIATHILA1.S GENERAL - All concrete, except for curb and gutter, shall incorporate wire mesh or fiber reinforcement, and:or other reinforcement as indicated oil plan sheets. Nfetal reinforcement shall be grade 40 (40KS1) unless indicated otherwise on plan sheets. All steel reinforcin.- materials shall be securely held in proper position with devices appropriate to the type of reinf-orcenment used, subject to approval by the Street Superintendent. STEEL - Wire mesh shall conform to ASTM A 185, and shall be 6"x 6"-10 gauge welded wire fabric, or sire as indicated on plan sheets. Reinforcing bars shall be open-hearth basic oxygen or electric furnace never• billet steel manufactured in accordance with ASTM A 615 and ASTM it 305, Steel reinforcing materials stored at any location shall be protected from accumulations of grease, mud or other foreign matter, and rust producing materials. When incorporated into construction, steel reinforcement shall be free from rust, scale, oil, mud, and structural defects. Dowels for slip joints shall be smooth plain round bars tree 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 shalt 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 shal l 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 Tensile Strength Length 2.11 JOINTS 0.91 70,000 psi to 110,000 psi 3 4" Curb and gutter (Class A concrcte)shalI 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 Street Superintendent. Tooted contraction joints, cut at least one quarter the concrete depth. shall be placed at 10 foot intervals. Alley paving (Class fi concrete) shall be constructed with an expansion joint at each cold joint. "fooled contraction joints, cut 14 inch wide 1-5i$ inch deep, shall be placed at 13 foot intervals. Ailey paving contraction joints shall be sealed with an asphaltic sealer. Street Paving (Class C or F concrete) shall be constructed with contraction and expansion joints as indicated on phttt and detail sheets. Unless otherwise specified, the joints shall be sawed 1 inch wide and to depth equal to 1 A of the pavement thickness plus one half inzil. Joints shall be saw cut within 12 hours ofplacer:ment of the. concrete paving. The joints shall be scaled with all clastomeric system as specified in section 2.12. Valley gutters arid fillets shalt be constructed with tooled construction joints. The joints shall he sealed with an elastomeric system as indicated in section 2.12. 2.12 JOINT SEALING MATERIALS Bituminous preniolded expansion joint material shall conform to ASTM D 1751. and shall he placed as indicated on plan sheets or elsewhere in these specifications. E_lastomeric sealant for contraction joints shall be, or shall be equivalent to, W'.R. Meadows "SOF-SI'AI. ". W.R. Meadows -:158 cold applied, or -GARDOX" as required by plan sheets. Hot poured sealant lbr joints between Portland cement concrete and Bituminous concrete shall conform to ASTM D 3405. Ilot poured joint sealant for alf other joints in Portland cement concrete pavement, shall conform to ASTIVf 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 soil, 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 clastomerie 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 tlic sealant to be used. 2.13 CURING COMPOUNDS All fresh concrete surfaces shall be completely covered 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 Street Superintendent. 2.14 FORMS FOR CONCRETE Forms for concrete construction shall be set to the lines and grades established by the Street Superintendent 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. Face forms and construction joints (removable metal plates) shall be set to hold the concrete in place until it is to be finished. Forms that are warped or damaged in any manner so as to make them unacceptable to the Street Superintendent shall not be used. Forms for radii shall be set in die same manner as straight forms, and shall be set to produce curves true to the plans. Face forms will not be required for curb and gutter on radii if a true section can be obtained by other methods acceptable to the Street Superintendent. 2.15 PLACING: AND FINISHING CONCRETE Placing of concrete shall not start before sunrise, and shall stop one hour before sunset. Concrete shall be placed as close to its proper location as practical. Sufficient concrete shall be placed to allow for shrinkage and extra material for finishing. The concrete shall be floated and troweled to the approximate section. No water shall be added during placement or finishing of any concrete. unless specifically authorized by the Street Superintendent. For curb and Butter removal of face forms and finishui� shall be suirted after a partial set occurs. For all concrefe construction approved forms, feniplates, and toots shall be used to form the Toss -sections indicated oil plan or derail Sheets, t- t Concrete shall not be placed when the ambient temperature is below 40 degrees F as determined by the National Weather Service continuous broadcast, 748-107I, selection 2. Concrete shall not be placed on frozen subgrade. The contractor shall have available sufficient covering material, approved by the Engineer, to immediately protect concrete should the air temperature fall below 33 degrees F. This protection shall remain in place as long as the temperature continues below 32 degrees, to a maximum of 5 days. No salt or other chemical admixtures shall be added to the concrete to prevent freezing. All concrete placed for pavement shalt be consolidated by use of mechanical vibrators approved by the Street Superintendent and designed to vibrate the concrete internally. Vibrators shalt be operated in a manner not to interfere with joints, and shall not come in contact with forms. The surface of concrete street paving shall incorporate a heavy broom finish, or tined finish if indicated on plans. All other concrete surfaces shall be completed with a light broom finish. Finished concrete surfaces shall not have irregularities in excess of 1A inch when tested with a 10 foot straightedge. Prior to acceptance, the contractor shall apply sufficient water to all concrete and paving to determine locations of ponding. Ponded areas shall be removed and replaced. Any concrete construction dannaked by equipment, tools, vandals, or other influences shall be replaced at the contractor's expense. 3.1 SUBGRADE Subgrade material for concrete or asphalt construction shalt consist of suitable native soil or offsite soil, free from vegetation or other objectionable matter. All unstable or objectionable material shall be removed (roof the subgrade and replaced with approved material. "fhe material shall be suitable for forting astable embankment and shall meet the following requirements: Liquid Limit 45 maximum Plasticity index 15 maximum Linear Shrinkage 2 min - 10 max Subgrade material which does not meet the above requirements may be conditioned with lime or caliche screenings. v The conditioning shall produce a uniform subgrade material which meets all of these specified subgrade requirements. ,i Subgrade shall be prepared in conformance with the lines and grades shown on the plans, or as directed by the Street j Superintendent, by scarifying and compacting to a minimum of 95% of Standard Proctor Density at optimum moisture content plus or minus 2%. Subgrade shall be constructed in maximum of 6 inch lifts. The total thickness of � the subgrade shall be 6 inches minimum for streets 36 feet wide or less, 12 inches minimum for streets greater than 36 feet wide, or as indicated on plan sheets. 'rhe compaction method for subgrade shall provide for each lift to be compacted to the specified density using appropriate equipment. After each section of subgrade is complete, tests as determined necessary by the Street Superintendent will be made by the City of Lubbock "resting Lab with respect to moisture and density using nuclear testing equipment. At any time the Street Superintendent may require proof rolling on streets or alleys with a 25 ton pneumatic roller, or equivalent, to test the uniformity of compaction. { _ utility ditches shall be determined to be stable prior to construction ol'subgrade over such utility flitch. t�All I_ Any fill placed within existing or proposed street right of way in execution of an approved cut and fill plan shall E- , meet these specifications for materials and construction. Cut and till operations shall comply with Chapter 25 of the City of Lubbock Codc of Ordinances. j _] Subgrade which has bccornc :vct, or other rise altered. After completion nlay be sufrcct to retesting and reprocessing as determined by the Street Superintendent. q ( Ft hXIBLF BASE (CALTCHEl Tile material for flexible base shall consist ofcrushed caliche, limestone, calcareous clay particles, conglomerate, tlr.tvc(, sand, or other approved granular materials produced from oversize quarried aggregate, sized by crushing and produced Mont a naturally occurring single source. Blending of sources shall be allowed only ii' both sources individually meet the requirements of these specifications. ifmaterial characteristics within the approved source change, the material shall be subject to retesting and re-upprovat prior to continued use. The Contractor shall not change material sources without approval by the Street Superintendent. All base material sources are subject to approval by the Street Superintendent. Approved sources that do not test consistently within the limits of these specifications during construction tnay be rejected by the Street Superintendent. Flexible base material may he conditioned by addition of crushed concrete (Class A Concrete minimum). Blending ofcrushed concrete and caliche shall be performed at the contractor's production site. The crushed concrete shall he processed to remove wood, steel and other contaminants, including brick and asphalt materials, before blending. The final blended material shall meet the material and performance specifications as stated herein. 4.2 MATERIAL TESTS Flexible base material shall conform to the following test requirements: Sieve Analysis tt.l 9110 Sieve Size 2-1 2" I-3, t' 7:8" 1'--" __� __-- -- %Retained 0 5-10 10-35 30-50 45-65 70-85 Atterberg Limits Material passing the No. 40 Sieve shall be known as "Soil Binder" and shall meet the following requirements: Liquid Limit 45 maximum Plasticity Index 15 maximum and 3 minituum Linear Shrinkage 10 maximum Wet Ball Mill When tested in accordance with Tex-i 16-E (Wet Ball Mill) the base material shall have a value not to exceed 55, The percent of material passing the ti40 sieve shall not increase by more than 30 during the test. 4.3 FLEXIBLE BASE CONSTRUCTION Areas behind curbs shall be backlilled and leveled with approved topsoil prior to placing base material. Approved flexible base material shall be hauled in vehicles of uniform capacity and dumped evenly along the project length for processing and compaction. Processing shall be accomplished in multiple lifts of 3 inches compacted thickness. Each course shall be wetted and rolled with a pneumatic roller as required to produce a uniform compaction ol'95% ntininnrm of Standard Proctor Density at a moisture content 1'.'•o to 2% below optimum. At any time the Street Superintendent may require proof rolling with a 25 ton pneumatic roller to ensure uniform compaction of base. Processing for compaction of caliche base with a shceps foot type roller will not be permitted. The base shalt be maintained by blading, waterin„ or other methods until the wearing surface is placid. Windrow caliche shall not be removed until the base has passed finish inspection. Base which becomes wet; or other wise altered, may be subject to retesting and reprocessing as determined by the Street Superintendent. 'l'he compacted flexible base shall he Finished and shaped immediately proceeding the application of the surface treatment. All loose or unconsolidated material shall be removed and the surface moistened and rolled with a steel wheel roller. All irregularities, depressions, or weak spots which develop shall be corrected by scarifying, adding or removing material as required, reshaping, and rccompacting, or other methods approved by the Street Superintendent. Any deviation in the surface of the finished base in excess of 3.8 inch from the established grade or true cross- section, using a 10 foot long straight edge, shall be corrected as provided above. 5.1 ASPHALT STABILIZED BASE (ASB) Asphalt stabilized base shall consist of a compacted mixture of graded gravel aggregate (caliche is not an acceptable aggregate for ASB) and asphalt cement mixed hot in a mixing plant in accordance with these specifications. Unless otherwise specified, the materials and construction shall conform to TxDOT Item 292 Asphalt Treatment (Plant Mixed). The contractors plant and equipment are subject to approval by the Street Superintendent, and shall be appropriate and in suitable condition to produce the base material consistently in compliance with these specifications. in place compaction control is required for all ASB. The material shall be placed and compacted to a minimum density as determined by TxDOT Test Method Tex-126-E. Samples of the compacted ASB will be removed by City personnel from locations designated by the Street Superintendent to determine composition, compaction, thickness, and density. The contractor shall replace the pavement removed from core holes at no cost to the City. ASB found to be deficient in composition, compaction, thickness, or density shall be corrected at the contractor's expense as directed by the Street Superintendent. +.2 ASB I NIX DESIGN The contractor shall provide a current mix design using the approved materials indicating gradation and optimum asphalt content. The aggregate mixture shall conform to the following master gradation: Steve Stae I-1;2" 3 4" U2" #4 ;-40 Percent Retained by Weight 0 8-30 30-55 50-70 70-90 Material passing the U40 sieve shall be known as soil binder and shall meet the fallowing requirements: Liquid Limit shall not exceed 45 Plasticity Index shall not exceed 15 Linear Shrinkage shall not exceed 5 The mineral aggregate shall not contain more than 0.5% moisture prior to entering the pugmill for mixing with asphalt. 'f'hc ASB mixture shall consist of a uniform mixture of mineral aggregate and asphaltic material. The mineral aggregate shall conform to the gradation requirements specified. The percent asphaltic material shall be determined in accordance with Test Method Tex.-126-E or Test klethod Tex.-204-F and procedures outlined in TxDOT Bulletin C-14. in no case shall the asphalt content be less than 4% or 1 more than 9% by %•eight. Asphalt for the mixture shall meet the requirments of TOOT Itein "Asphalt, Oils, and Emulsions'. The glade of"asphalt and source must be approved by the Street Superintendent prior to use. 'Ihe contractor shall submit the mix design prepared by a qualified lab for approval by the Street Superintendent. The Street Superintendent will approve the asphalt content to be used it-, the mixture after desien tests have been !nude with the aggregate to be used. The asphalt content of the prorluction mixture shall not vary from the design more than 0.2f: o dry weight based tm total mixture. 10 f.3 PLACING ASB Asphalt Stabilized Base shall be placed and compacted in 3 inch lifts to form a 3, 6, or 9 inch thick compacted base, unless otherwise directed by the Street Superintendent. Prior to placing ASB, the subgrade shall be prepared as previously specified. The cross-section shall be constructed to form the specified crown on the HMAC surface at the centerline of the street, or as indicated on the plans. AS13 shall not be placed when the air temperature, as reported by the National Weather Service 148-1071. selection 2, is below 45 degrees F and falling. During June, July, and August ASB shall be placed at a temperature between 255 and 285 degrees F. During- other months ASB shall be placed at a temperature between 275 and 325 degrees F. Any ASB material that is above, or below the specified temperature range may be rejected by the engineer. No payment will be made for any rejected material. Any ASB material that is rejected shall be disposed of at a location observed and approved by the Street Superintendent. The ASB material shall be spread on the approved prepared surface using an approved spreading machine. The material shall he placed in such a manner that when properly compacted the finished course is smooth; of unilirrm Ell density, and in conformance with the cross -sections and grades shown on the associated plans. 5.4 ASB COMPACTION The ASB shall be compacted thoroughly and uniformly with approved rollers to a density of 931u to W/4 of Marshall Density. i_ab specimens for Marshall Density shall be molded at 275 degrees F for mixes using Performance Grade asphalt, and 250 degrees F for mixes using AC-10. t Roiling shall be continued until no further increase in density can be obtained and all roller marks are eliminated. Compaction shall be completed before the ASB mixture cools below 185 degrees F. ' The compacted ASB shall conform the cross -sections, lines, and grades shown on the plans or as directed by the Engineer. The surface shall be smooth and have a uniform texture acceptable to the Street Superintendent. 6.1 HOTwIIX ASPHALT CONCRETE Si1RFACE (1 iMAC� Hot mix asphalt concrete surface shall consist of a minimum of one and one half inch thick compacted mixture of coarse aggregate, fine aggregate, mineral tiller (if required), and asphalt cement mixed hot in a mixing plant in accordance with these specifications. Unless otherwise specified, the materials and construction shall conform to TxDOT item 340 Dense Graded Hot Mix Asphalt Method. The contractor's plant and equipment are subject to approval by the Street Superintendent, and shall be appropriate and in suitable condition to produce the HMAC surface consistently in compliance with these specifications. Approval of the source and character of the materials shall be obtained from die Street Superintendent prior to use. The combined mineral aggregate , after final processing by the mixing plant and prior to addition of asphalt and mineral tiller, shall have a sand equivalent value of not less than 45 when tested in accordance with rest Method Tex 203-F. The percent of flat of elongated slivers of stone for any aggregate shall not exceed 2{% when tested in accordance with Test Method Tex 224-F. Asphaltic mixtures with aggregates which exhibit stripping characteristics shall be conditioned with either lime or liquid anti -stripping agent approved by the Street Superintendent. Anti -stripping agents shall meet requirements of TxDOT Item "Asphalt Anti -stripping Agents", and shall be added at the manufacturer's recommended dosage and temperature range. Core samples of the IVvIAC surface ivilf be removed by City personnel from locations designated by the Street Superintendent ftninialum o1'2 cores per 600 toot block) to determine composition, compaction, thickness, and density. HMAC surface found to be dcticient in composition, compaction, thickness, or density shall be corrected at the contractor's expense as directed by the f:rigiriecr. The contractor shall replace the pavement removed from core holes at no cost to the Cite. '.2 REINFORCED CONCRETF: PiPE Storm sewer shall be constructed using reinforced concrete pipe, either precast or cast in place. The pipe shall conform to the requirements of AASI ITO M-170 or As"I-Nm C-7b. Pipe shall be Class III unless otherwise noted on plan sheets. 7.3 iy10RTAR Mortar shall be used for caulking and filling between pipe and drainage structures. Mortar shall be composed of i part, by volume, of Portland cement and 2 parts of mortar sand. The Portland cement shall conform to the requirements of ASrM C-150, 'type 1. The sand shall conform to the requirements of ASTwt C-144. Hydrated lime may be added to the mixture of sand and cement in an amount equal to 15% of the weight of cement used. The hydrated lime shall meet the requirements of ASTR1 C-6. Mortar which has not been used after 45 minutes of having water added shall be discarded. Mortar may not be retentpered by having water added. 7.4 PREFORMED BITUMINU.S GASKET JOINTS Preformed bituminous gaskets for concrete non -pressure pipe shall conform to the requirements of Fed. Spec. SS-S- 00210 (GSA-FSS), and shall be Ram-Nek or approved equal. Gaskets shall be installed in accordance with manufacturer's recommendations and shall fomt a water -tight joint. 7.5 MANHOLES Manhole barrel, cone and extension sections shall be constructed of precast concrete. A plant inspection may be required for production facility inspection and to review record -keeping for material certification. The manufacturer must provide certification that all materials used liar manufacturing meet with the following ASTM Specifications. Aggregates AS9'M C-33 Cement ASTIR! C-150 Sampling Specimens ASTM C-39 Reinforcing AS'rM C-185 Sand and Mortar ASTM C-144 Precast concrete sections for manholes shall conform to ASTM C-478 specifications. Compressive strength test results must verify concrete strengths meet or exceed 4,000 psi. Aggregate shall be crushed limestone and shall conform to AS1:1ri C-33 specifications. Joints, excepting grade rings, shall be tongue and groove or an equivalent male and female type joint as approved by the Street Superintendent. All joints shall be effectively jointed to prevent leakage and infiltration. All connections between wall sections shall be joined with Conseal Joint Sealant or approved equal to provide a watertight manhole. This sealant will he provided by supplier and will be considered an essential part of each shipment. All cones and adjusting rings shall maintain a clear 24" opening. Adjusting rings shall be reinforced with the same percentage of steel as risers and trips and will also meet ASTM C-478 specifications. Adjusting rings. as well as all precast concrete manhole products, shall be smooth, uniform in size and dimensions, consistent in components throughout and free of voids or hnnt veninhs. All i„anhoics shah be deli= ned to withstand H-20 RASH O toading. The- hall aisa have lifting holes that do not protrude through manhole wall; one full inch of concrete thickness must remain between lift hole and outside wall of manhole. 16 Manhole barrels shall be assembled of precast riser section. Riser sections and top cone sections shall be placed vertically with tongues and grooves properly keyed. invert channels shall be smooth and semi -circular in shape conforming to the inside of the adjacent pipe section. Changes in direction of flow shall be made with a smooth curve of as large; a radius as the size of the manhole with permit. Changes in size and grade of the channels shall be made gradually and evenly. The invert channels may be formed directly in the concrete of the manhole base or may be half -pipe laid in concrete. The floor of the manhole outside the channel shall be smooth and shall slope toward the channel not less than one inch per foot, nor more than two inches per foot. All connections between the riser or base sections and the sewer pipe shall be joined in such a manner as to make the manholes watertight. Preformed rubber waterstop baskets 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 waterfight seal is achieved. Adjusting rings may be used for adjusting the top elevation, except that the total height of the adjusting rings shall not exceed 12 inches at any manhole. Concrete shall be placed around and under the rings to provide a seal and seat ' the ring at the proper elevation. Each manhole shall have a minimum of 6 inches of grade adjustment. 7.6 MANHOLE FRAMES AND COVERS Manhole frarnes and covers shall be of good quality gray iron casting and conform to ASTM A-48, having a clear opening of not less than 22 inches. The casting shall be designed with a full bearing ring so as to provide a continuous seat between frame and cover. The cover shall be furnished with lining ring cast into the cover in such manner as to prevent water leaking through. Frame and cover shall have a weight of not less than 275 pounds. The manhole ring and cover shall be Western Iron Works 040 or approved equal. 7.7 CONs,rRUCT1ON MrTHODS All equipment necessary and required for the proper construction of storm sewers, manholes and culverts shall be on the project, in first-class working condition, and approved by the Street Superintendent before construction is permitted to start. If precast concrete pipe or manhole sections arc used, the Contractor shall provide appropriate hoisting equipment to handle the pipe or sections while unloading and placing it in its final position without damage to the pipe. The Contractor shall provide hand tampers and pneumatic tampers to obtain the required compaction of the pipe bed, the manhole bed and the backfill, as specified. 7.8 EXCAVATION The Contractor shall do all excavation to the depth shown on the plans. Where rock, or soil containing rocks or gravel, hard pan or other unyi€lding foundation material is encountered in trench excavation, the pipe shall be bedded in accordance with the requirements of one of the classes of bedding, and the hard unyielding material shall be excavated below the elevation of the bottom of the pipe or pipe bell to a depth of at least 8 inches or 112 inch for each foot of fill over the top of the pipe, whichever is greater, but not more than three-fourtlis the nominal diameter of the pipe. The cushion shall consist of a fine compressive material, such as silty clay or loam, lightly compacted, and shaped as required for the specified class of bedding. The cost of furnishing and placing the cushion material shalt be included in the bid price per linear foot of pipe in place. 'The bottom of the trench shall be excavated to a horizontal section as tar as practicable. Excavated material not required or acceptable for backfill shall be disposed of by the Contractor as directed by the 5rreet Superintendent. I-Acavation shall riot be carried below the required depth; but when it is, the trench shall be backfilled at the Contractor's expense with material approved by the Engineer and compacted to the density of the surrounding earth material as determined by AASiITO T-180. When directed, unstable soil shall be removed for the full width of the trench and replaced with sand or with approved gr€nular material_ The Street Superintendent shall determine the depth of removal of unstable soil and the- ;n?ount of back(ill necessary. The backtill shall be compacted and shaped to a firm but slightly yielding condition to forait the bed for the pipe. Grades for pipe shall be as shown on the drawings. No changes in grade will be made unless so directed by the Street Superintendent. The minimum width of the trench at the top of the pipe, when placed, shall be a width which will pennit the proper construction of joints and compaction of backfill around the pipe. The sides of the trench shall be vertical, unless otherwise approved by the Street Superintendent. The maximum allowable width of the trench shall not exceed the widths shown below unless otherwise approved by the Street Superintendent. NomINAL PIPE MINIMUM TRENC14 MAXIMUM TRENCH SIZE _ W )TI•i AT SPRiNGLINE WIDT14 AT TOP OF PIPE Less than 18" Pipe U.D. + 12" Pipe O.D. - 18" 18" thru 36" Pipe Q.Q. + 18" Pipe O.D. + 24" 37" thru 60" Pipe O.D. + 24" Pipe U.D. — 30" "rhe width of the trench above the top or the pipe may be as wide as necessary for shoring bracing or proper installation of the pipe. Excavation in paved areas shall be confined to a minimum practical width. The bed for pipe shall be so shaped that at least the lower quarter of the pipe circumference shall be in continuous contact with the bottom of the trench. The excavation for manholes shall be essentially the same as that for the piping. The sides of the excavation shall be vertical unless otherwise approved by the Street Superintendent. The Contractor shall do such trench bracing, sheathing or shoring necessary to perform and protect the excavation as required for safety and conformance to applicable laws and regulations. The bracing, sheathing, or shoring shall not be removed in one operation but shall be done in successive stages to prevent overloading of the pipe during backfilling operations. The cost of the bracing, sheathing, ar shoring and the removal of same, shall be included in the unit price bid per foot for the pipe. Surface water shall be prevented from entering the excavation. heavy equipment, except for excavating equipment, shall not be operated within 20 feet of the edge of the excavation. Excavated materials shall be stockpiled no closer than 3 feet from the edge of the excavation. 7.4 PIPE INSTALLATION The Contractor shall provide die appropriate tools and methods to insure installation of the pipe to line and grade, as shown on the drawings. The Contractor's facilities for lowering precast pipe into the trench shall be such that neither the pipe nor the trench will be damaged or disturbed. The Street Superintendent shall inspect all precast pipe before it is placed. Any section that is damaged by handling or is defective to a degree which in the opinion of the Street Superintendent will materially affect the function and service of the pipe shall be rejected and removed from the job site. Installing the precast pipe in the finished trench shall be started at the lowest point and is laid upgrade. for tongue and groove precast pipe, the grooved end shall be laid upgrade. The pipe shall be firmly and accurately installed to lint and grade so that the invert will be smooth and uniform. The pipe shall be protected from water during placing and until the concrete, in cast -in -place pipe, or the mortar, in the joints ofprecast or cast in place pipe. has thoroughly set. The contractor shall provide temporary diversions as necessary to prevent surface water flow into the excavation. Pipe shall not be laid or installed on dozen ground. Pipe which is not true in alignment. or mr1 ich shows any change in grade after laying or installing, shall be taken up and re-laid or re -installed without extra compensation. Mortar shall be used for caulking and tilling between the pipe and the drainage structures. Mortar that is not used within 45 minutes after water has been added shall be discarded. Retempering of mortar shall not be permitted. Pipe 18 1 joints f'or precast concrete pipe shall be of the tongue and groove type. The joints shall be of a water tight joint. Each joint shall be sealed with a preformed bituminous gasket as specified. The gasket shall be installed as recommended by the pipe manufacturer. Field poured concrete bases shall be at least 12 inches thick and not less than ! (one) foot greater diameter than the outside diameter of the manhole riser section. Concrete shall be Class A at a minimum 3000 psi 28 day compressive strength. Concrete placement shall confonn to ACI and good construction practices. Concrete shall he consolidated and struck -off to a horizontal surface within the forms or pouring rings. Field poured concrete bases shall be reinforced as detailed on the Plans or as shown in the Standard Details. The manhole shall be constructed to ASTM C-891 standards. Precast reinforced concrete bases shall be of the size and shape detailed on the Ptans or as sho%vn in the Standard Details. 7.10 BACKFiLLIVG All trenches and excavations shall be backfilled as the pipes and manholes are installed, unless otherwise directed by the Street Superintendent. Outside of street right of way the backfill material shall be selected granular material from excavation or borrow; material which is placed at the sides of the pipe and manhole and I foot over the top shall be material which can be readily compacted. it shall not contain stones retained on a 2-inch sieve, frozen lumps, chunks of highly plastic clay, or any other material which is objectionable to the Engineer. The Material shall be moistened or dried, if necessary, to be compacted by the method in use. Backfill material shall be approved by the Street Superintendent. 'F he backfill shall be placed in loose layers not to exceed 6 inches in depth along each side of the pipe and manhole. Special care shall be taken to secure thorough compaction under the haunches and at the sides of the pipe and manhole. This backfill shall he brought up evenly on each side of the structure to an elevation of I foot over the top of the pipe, or such greater elevation as directed by the Street Superintendent. Backfilling shall be done in a manner to avoid injurious top or side pressures on the pipe and manhole. Backfill shall be compacted to 95% (min.) Standard Proctor Density. Unless otherwise directed by the Street Superintendent or plans, excavation within street right of way shall be backiilled with flowable fill material (2-sacks of cement per cubic yard concrete mix) to I- 1r2 inches below the asphalt surface. The pipe shall be restrained so that during the pour the pipe shall not be displaced. movement of construction machinery over a culvert, pipeline, or manhole shall be at the Contractor's risk. Any damaged construction shall be removed and replaced at the expense of the Contractor. 7.11 TRENCH PROTF,CTION Trench excavations not exceeding five feet in depth shall be protected in accordance with applicable OSHA, state, and local requirements. Trench excavations greater than five feet in depth shall be protected in accordance with the following specifications. All work'performed under this section shall also comply with OSIM Part 1926. Subpart P and all State and focal codes. "file Contractor shall be responsible for complying with all trench safety, requirements, the requirements of the specifications, drawings and all applicable codes. Trench protection shall be performed by forces having at least iwo years experience with similar types oftrench Safet<' systems. fhe manufacturer of prelitbricated items used ill trench safety systems shall have at least two years of experience in fabricating the items. The contractor shall provide detailed drawings for proposed trench safety systems. The drawings shall• identify where each system is proposed for use and type ofsysteni to be used. french excavations shall not be started until trench safety systems have been submitted and approved by the Street Superintendent 19 If trench boxes are to be used, the contractor shall submit manufacturer's standard data sheet and certificate of compliance stating the maximum allowable depth for the given design pressure for each type of trench box proposed t'or use. If alternative systems composed of'steel, aluminum, wood or a combination of materials are proposed, the contractor shall submit deli_ i data demonstrating the ability of the proposed materials to provide the necessary trench protection. Materials used for trench safety shall be capable of withstanding imposed loads without excessive deflections. Materials shall be clean, free of rust, holes, knots and other defects, and shall confomt to the following: Steel -- Steel shall be of type and thickness as required and shall have a minimum yield stress of 36 ksi. Aluminum - 'type 6061-T6, thickness as required. Wood in Contact with Earth — Pressure treated woods. Wood not in Contact with Earth •- Soft or hardwood as required. 8.1 FENCES Unless otherwise indicated on plans, existing fences which must be adjusted or relocated shall be reconstructed using the same or equivalent materials, height, and construction in the proper location. The contractor shall remove existing fence and either store for reuse or legally dispose of the fence materials, whichever is appropriate. New fence construction shall be in accordance with specifications and details included on plan sheets. 9.1 SALVAGE OF ASPHALT PAVING All salvage asphalt material shall be brokcn into pieces not more than I inch in size and stockpiled at a location indicated in the plans. Any non -asphaltic materials, such as flexible base and soil, shall be kept separated from the salvaged asphalt. 10.1 BARRICADES Prior to starting work on any project covered by these specifications, the contractor shalt submit a Traffic Control Plan for approval by the Street Superintendent. The contractor shall have the sole responsibility for providing_ installing, moving replacing, maintaining, cleaning, and removing upon completion of work, all traffic control devices. The Traffic Control Plan and devices shall be in compliance with the Texas Manual of Uniform Traffic Control Devices (MUTCD) and the 1993 National Cooperative Highway Research Program Report 350 (NCHRP 350). The Traffic Control Plan approved by the Street Superintendent shall be considered the minimum requavinent for the project. The contractor shall provide additional devices as determined to be necessary during the project. If at any time during construction the approved plan does not accomplish the intended purpose, due to weather or other conditions affecting the safe handling of traffic, the contractor shalt immediately make necessary changes to correct the unsatisfactory conditions. The contractor shall maintain ingress and egress to private property at all times. . , , , , . , -. . .. t all t. i , _ _ _ ,_ . D_ -. _ — _ ' ont o ' . .., ! d iill , : �{lt St:;n ink ittiU Uatt iCatttU�' _,luau uG tit ptzi�c uavtc Ciinatt tit.tivt, operations arc alai tell olio d'uF;fig au utnei construction is in progress. All hazards shall be clearly marked and adequately protected. If pedestrian walkways are blocked, pedestrian control shall conform to "Typical Sidewalk and Curb -Lane Closure for Pedestrian Conti' as indicated in Texas ivitTCD. ?0 �j No separate payment will be made for traffic control. The required plan and devices shall be considered to be subsidiatl to pay items. I t. t PROSECUTION OF THE WORK AND WORKING DAYS During the period the contractor is directing traffic over the base, the surface shall be satisfactorily maintained by the use of sprinkling and blading as required, so that no hazard will result. The base course shall be maintained until the wearing surface is placed thereon. At no time during the period of construction shall driveways and/or alleys be left impassable between the night hours of 6:00 I'M to 6:00 AM, except during the construction of curb and gutter for which the driveways and/or alley's shall remain closed not more than 4 days. No %work will be performed after dark or before daylight. 11.2 'WORKING DAYS DEFINITiON City contracted paving projects will be based on working days allowed. No requests for extensions of time will be considered. A working day is defined as a calendar day, not including Saturdays, Sundays, or City of Lubbock $' designated holidays, in which weather or other conditions beyond control of the contractor will permit the performance of the principal unit of work for a continuous period of not less than 7 hours between 7:00 am and 6:00 pm. 4 Work on Saturdays, Sundays, or City of Lubbock designated holidays must be authorized by the; Street t Superintendent (see item 11.3). For each Saturday, Sunday, or City of Lubbock designated holiday on which the Contractor chooses to work and has authori2ation from the Street Superintendent to work. I day will be charged against the contract working time when conditions will permit at least 7 hours of work as described above. Work on Sunday will not be authorized except in cases of extreme emergency, as determined by the Street Superintendent. Working days will be considered to begin on the effective date stated in the Notice to Proceed, unless the contractor is unable to begin work on that date due to factors beyond his control as determined by the Street Superintendent. In that event, time charged against the project will begin on the date the contractor could first work a minimum/ of 7 ' hours as described above. The Street Superintendent will furnish the contractor a monthly statement showing the number of working days used and the working days remaining. The contractor shall be allowed 10 calendar days in which to protest the 1 correctness of each statement. The protest shall be in writing, addressed to the Street Superintendent, and shall indicate basis of the protest. The Street Superintendent shall respond to the protest within 10 calendar days of receiving the protest. Failure to file a protest within the allotted 10 days for any statement shall indicate the contractor's approval of the time charges as shown on that period's time statement, and future consideration of that time statement will not be permitted. 11.3 WORK 13t T�A'h Eli NOVtiMIiF R I ,tND JANUAI2Y 2. ANt7 ON O'fNER HOLIDAYS If conditions are such that, in the opinion of the Street Superintendent, construction will negatively affect local businesses during holiday periods. the Engineer may suspend construction operations from November I to January 3. 'l"he City of Lubbock observes specific holidays, and City staff is not required to work those days. As standard procedure: constractionn operations that require testing inspection may not be performed on those holidays. If the contractor needs to perform construction operations that require City personnel on holidays, the contractor shall make a written request for authorization w work from this Street Superintendent_ The request shhall Cr_{t,_ file rt. lcott the work is necessary, and shall state that the contractor agrees to pay the City for the related personnel expenses including salary, overtime, and benefits. if City personnel are available, the Street Superintendent may approve the request. ,1 12.1 MEASUREMENT AND PAYMENT The unit price bid on each item as stated in the bid proposal shall include furnishing all labor, superintendence, machinen-, equipment, and materials, except as otherwise specified, necessary or incidental to complete the various items of work in accordance with the plans and specifications. Cost of work or materials shown on the plans or called for in the specifications and on which no separate payment is made shall be included in the bid prices on the various pay items. Payment will not be made for any item that is not complete, including all associated incidental work. All of the items covered by these standard specifications may not be included in a particular project. Only those items indicated on bid documents and plan sheets shall be included for construction and payment. 12.2 CURB AND GUTTER Measurement will be made of the linear feet of curb and butter actually constructed. Curb and gutter will be paid for at the unit price bid per linear foot. The unit price bid shall include furnishing and installing all materials. excavation, filling, backfelling, forming, finishing, and all incidentals necessary to complete the work. 12.3 CONCRETE FLAT SLABS - SIDEWALK, DRIVEWAY ALLEY RETURN, ALLEY PAVING, AND VALLEY GUTTER Measurement will be made of the area, in square feet, of fiat slab actually constructed. Flat slabs will be paid for at the unit price bid per square foot for each specific type of slab. Curb on alley returns shall be included in the area measured for the slab and will not be paid as a separate item. The unit price bid shall include furnishing and installing all materials, excavation, filling, backfelling, reinforcement, forming, finishing, joint cutting, joint sealing, and all incidentals necessary to complete the work. 12.4 CURB RAMPS (HANDICAP RAMPS) Measurement will be made of the area, in square feet, of curb ramp actually constructed, excluding top surface area of any retaining wall. Curb ramps will be paid for at the unit price bid per square foot. The unit price bid shall include furnishing and installing all materials, excavation and filling within two feet of the ramp, back filling, reinforcement, forming, finishing, and ail incidentals necessary to complete the work. 12.5 CONCRETE DRAINAGE CHANNEL. Measurement will be made of the area, in square feet, of drainage charnel actually constructed, including top surface area of any retaining wall or curb. Drainage channel will be paid for at the unit price bid per square foot. The unit price bid shall include furnishing and installing all materials, excavation and filling within two feet of the channel, backfelling, reinforcement, forming, finishing, and all incidentals necessary to complete the work. 12.6 RETAINING WALL OR CURS ON DRAINAGE CHANNELS AND CURB RAMPS Measurement will be made of the height from bottom of footing or slab to top of wall, and linear feet of wall or curb actually constructed. Retaining wall or curb will be paid for at the unit price bid per cubic foot. The unit price bid shall include furnishing and installing all materials, excavation, filling, backfelling. reinforcement, limning, finishing, and all incidentals necessary to complete the work. 12.7 CONCRETE MEDIAN Measurement will be made of the area, in square feet, of median actually constructed. Median will be paid for at the unit price bid per square toot. The unit price bid shall include furnishing and installing all materials, excavation, filling, reinforcement, forming, finishing, and all incidentals necessary to complete the work. 1 t.� I2 R CONCRETE STREET PAVINNG measurement will be made of the area, in square yards, of concrete street paving actually constructed. Concrete tumishing and street paving wilt be paid for at the unit price bid per square yard. The unit price bid shall include installing all materials. excavation. filling, backfilling, reinforcement, fomning, finishing, and all incidentals necessary to complete the work. Sawing and sealing of joints shall not be included and will be paid for as a separate bid item. 4l 11_9 SAWING AND SEALING OF JOINTS IN CONCRETE STREET PAVING Measurement will be made of the linear feet of sawed and scaled joints actually constructed. Sawing and scaling of furnishing and installing joints will be paid for at the unit price bid per linear foot. The unit price bid shall include all materials. equipment, sawing, cleanin', seal ccxnponents, and all incidentals necessary to complete the work. 12.10 STOKM SEWER INLET BOX AND MANHOLES Storm sewer inlet boxes and manholes wilt be paid for at the unit price bid per each. The unit price bid shall include furnishing and installing all materials, excavation, filling (except fowable fitl), floor, connection to pipes, incidentals necessary to complete the work. reinforcement, forming, finishing, manhole rings and covers, and all 12.11 HEADWALLS Storm sewer headwalls will be paid for at the unit price bid per each. The unit price bid shall include tumishing and installing all materials, excavation, filling, reinforcement, forming, finishing, orates, and all incidentals necessary to complete the work. 12.12 STORMSEWER PIPE Measurement along the centerline of the pipe will be made of the actual length of pipe constructed, frem face of structure to face of structure or to centerline of manhole, and wil I be paid for at the unit price bid for Storm Sewer. Depth of cut shalt be considered to be from the top of the adjacent grade stake to the flowline of the pipe. The unit price bid shall include furnishing and installing all materials, pavement removal, excavation, filling, backtitling with compacted soil where applicable, and all incidentals necessary to complete the work. Flowable fill will be paid for as a separate pay item. 12 13XTRA VERTICAL FEET OF MANHOLE The actual constructed manhole will be measured from the top of the base to the top of the ring and cover. Any depth of manhole exceeding 6 fcct in depth will be paid for at the unit price bid for extra vertical feet of manhole. The unit price bid shall include famishing and installing all materials and all incidentals necessary to complete the work. 12.I4 CURB AND GUTTER REMOVAL lvleasurcment will be made of the linear feet of curb and gutter actuallN removed. Payment will be made at the unit price bid per linear foot of curb and gutter removed. The contractor shall ensure that the Street Superintendent has the opportunity to measure the linear feet of curb and gutter prior to removal If curb and gutter is removed without ' RhOsilre meat by file -Street Superintendent. no paN'lnent will be made for that removal. rile unit price bid shall include sawing, hauling, labor and equipment, and legal disposal for removal of the curb and gutter. 23 11.15 COtiCRUFF. SLAB REMOVAL Measurement will be made of the area in square feet of concrete slab actually removed. Payment will be made at the unit price bid per square foot of concrete slab removed. The contractor shall ensure that the Engineer has the opportunity to measure the area of concrete slab prior to removal_ if concrete slab is removed without measurement by the Street Superintendent, no payment will be made for that removal. The unit price bid shall include sawing. breaking, hauling, labor and equipment, and legal disposal liar removal of the concrete slab. 12.16 1 112 SACK FLOWABLE FILL Quantities of 1 112 sack flowable till will be determined from tickets provided by the drivers of the delivery trucks. Payment will be made at the unit price bid per cubic yard of in place 1 112 sack flowable fill. The unit price bid shall include furnishing and placing the material and all incidentals necessary to complete the work. 12.17 ASPHALT PAVING Measurement will be made of the area, in square yards, of asphalt paving actually constructed. Payment will be made at the unit price bid per square yard. The unit price bid shall include furnishing and installing all materials. subgrade preparation, construction of caliche or asphalt stabilized base as specified, excavation, filling, tack and prime coats, HMAC surface, emulsion seal, and all incidentals necessary to complete the work. 12.18 ASPHALT PAVING REPAIR Measurement will be made of the area. in square yards, of in place asphalt paving repair. Payment will be made at the unit price bid per square yard of paving repair. The unit price bid shall include furnishing and placing all asphaltic materials, sawing of existing paving edges, smoothing and preparation of the existing base, flowable fill if required, tack and prime coats, compaction, and all incidentals necessary to complete the work. 12.19 EXCAVATION AND GRADING (OUTSIDE LIM 17'S OF CONSTRUCTION) Volume of excavation or fill, in cubic yards, will be determined by average: end area method. Payment will be trade at the unit price bid per cubic yard of completed excavation or till. The unit price bid shall include all labor, equipment, and incidentals necessary to excavate or fill the site to the grades established by the Street Superintendent. No separate payment will be made for disposing of excess material. 12.10 DITCH GRADING AND UNPAVED STREET SURFACE GRADING The volume of ditch grading, in cubic yards, will be determined by average end area method. Measurement will be made of the area, in square yards, of completed surface grading of unpaved streets. Payment will be made at the unit price bid per cubic yard of completed ditch grading per cubic yard, or surface grading per square yard. The unit price bid shall include all labor, equipment and incidentals necessary to grade ditches or surface grade unpaved streets to the grades established by the Engineer. No separate payment will be made for disposing of excess material. 13.1 STANDARD DETAILS Construction, shall be in accordance with the following standard details unless otherwise indicated on plans, or directed by the Street Superintendent. The 24 inch curb and gutter details shall be considered to be standard. 30 inch curb and gutter details shall apply only if specifically indicated on plans or bid documents. 24 STREET CROWN ELEVATIONS PAVEMENT WIDTH FINISHED PAViNG SURFACE CARS I :ACF_Tn FRB 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 46 feet 0.62 feet 52 feet 0.69 feet 64 feet 0.85 feet. 66 feet 0.86 feet 86 feet 1.14 feet 88 feet 1.15 feet All street paving shall incorporate a centerline crown at the listed elevation unless otherwise indicated on plans, or as directed by the Street Superintendent. The widths listed above refer to the total proposed future full width of street. 14.1 PATCHING AHEAD OF SEAL COAT OR TWO -COURSE MAINTENANCE The black base, two sack flowable Fill, hot mix material, and concrete to be used in patching ahead of the seat coat or two -course maintenance shall be used at locations as directed by the Street Superintendent. No substitutions shall be permitted without prior approval from the Street Superintendent. The areas to be patched shall be marked and measured by the Street Superintendent's representatives. The area to be patched shall he barricaded, according to Texas Manuel for Uniform Control Devices, at all times during patching operations; however, if the Street Superintendent permits, the patched area may be opened to traffic prior to placing the final hot -mix surface. in that event, the Contractor shall taper the edges of the patch with mix to minimize any bumps or uiconvenience to traffic. 14.11 PATCHING WITH ASPHALT s'l-ABILIZED BASE (ASB3 Patching shall include removing the existing surfacing, either three (3), six (6), or nine (9) inches of the existing base and subgrade (as the Street Superintendent directs), and, if the sub -grade is unstable, it will be removed and replaced with black base. The excavated base will then be replaced with asphalt stabilized base material (either three (3), six (6). or nine (9) inches), as directed by the Street Superintendent, and compacted to 95% of lab density. After the base material has cooled sufficiently, the surface course of hot mix shall then be placed and rolled until the required density is obtained. The edges of the patch shall be vertical and shall be tacked before placing the black base and the 1-1L inches of hot - mix. All hot -mix edges will meet the grade of the existing surface. 14.12 PATCHING WITH 6" OF TWO SACK CEMENT FLOWABLE FILI. Same as above except six (6) inches of two (2) sack cement flowable till :will be used instead of six f 6) inches of black base. At all times the patching area will be barricaded according to Texas .MUTED. l''open to traffic before the hot mix is placed, the edges of the patch will be leveled up with mix to minimize bumps. 25 NOTE: Both black base and two sack flowable fill are anticipated being used, with locations ofeach npe of material to be directed by.the Street Superintendent. 14.13 PATCHING WITH 1-112" OF HOT -:MIX Same as "Patching with Black Base" except only the existing asphalt surface will be removed. 14.14 CURB AND GUTTER PATCHING F'atchim, shall include removing the existing curb and gutter and replacing with the proper configuration (24 or 32 inch), as directed by the Street Superintendent, 14.15 VALLFV GUTTER CONSTRUCTION t= "I'he construction of new valley gutter shalt include removing the existing surfacing and replacing with 8 inches (if - concrete, with locations as directed by the Street Superintendent. 14.2 ASPHALTIC CONCRETE MILLING U Phis item consists of removing 1" - 2" (or as the Street Superintendent directs) of the existing asphaltic concrete surface and replacing it with either a single course seal coat, a two course seal coat, or hot mix (as the Street Superintendent directs). The material removed from the milled surface will remain remain the property of the City of Lubbock and shall be stockpiled at a location as directed by the Street Superintendent. The edges of the patch shall be vertical and shall be tacked before placing hot mix. "fhe hot mix edges will meet the grade of the existing surface. , _ 16.1 CLEANUP Immediately after each application of asphalt, the Contractor shall clean, remove paper, piles of asphalt from manholes and water valves, extra aggregate that is in the gutter, rubbish and temporary structures from the street. restore in an acceptable manner all property, both public and private, which has been damaged during the prosecution of the work, and leave the site of the work in a neat and presentable condition throughout. The cost of the "cleanup" shall be included as part of the cost of the various items of work involved, and no direct compensation will be made for this work. This work shall be done before final acceptance. t f f i 26