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HomeMy WebLinkAboutResolution - 5594 - Contract - Williams & Peters Contruction Co Inc - LAH Paved Parking Expansion - 08_14_1997RESOLUTION Item #46 August 14, NO. 5594 1997 RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock a Contract, attached herewith, by and between the City of Lubbock and Williams & Peters Construction Company, Inc. of Lubbock, Texas, to install and furnish all materials and services as bid for the Lake Alan Henry Paved Parking Expansion, and any associated documents, which Contract shall be spread upon the minutes of the Council and as spread upon the minutes of this Council shall constitute and be a part of this Resolution as if fully copied herein in detail. Passed by the City Council this ATTEST: /"�6j lwl�' a Darnell, City Secretary APPROVED AS TO CONTENT: 14th day of August ,1997. WINDY SIT , MAYOR Victor Kilma , Purchasing Manager APPROVED AS TO FORM: -'W4 a old Willard, Assistant CityAttorney da/oodacslwmpeters.res August 4, 1997 CITY OF LUBBOCK CHANGE ORDER RECEIVED FEB 16 1998 CITY SECFiElARY LUBBOCK, TEXAS CHANGE ORDER #: 2 CONTRACTOR: Red River Construction Co. Inc. DATE: 1-21-98 CITY OF LUBBOCK BID#: 97174 PROJECT NAME: Southeast Water Reclamation Plant Improvements Contract 5 - Digester Rehabilitation DESCRIPTION OF WORK: All labor, equipment and materials to increase the change in door size for D3 at a $1,500.00 cost to the City. -Y i ITEM DESCRIPTION AMOUNT A. ORIGINAL CONTRACT VALUE: $2,219,000.00 B. AMOUNT OF THIS CHANGE ORDER: Council approval required if over $25 000 C. PERCENT OF -CONTRACT VALUE THIS CHANGE ORDER (B/A). D. AMOUNT OF PREVIOUS CHANGE ORDERS: 21,500.00 E. TOTAL AMOUNT OF ALL CHANGE ORDERS (B+D): $20,000.00 F. PERCENT OF CONTRACT OF ALL CHANGE ORDERS (E/A):25% Max. G. NEW CONTRACT AMOUNT (A+E): $2,199,000.00 SIGNATURES AND DATE: �j. 6/ 2141919 O 'S REPRESENTATIVE CONTRACTOR SIGNATURE q�14_ -In PURCHASINCLDEPARTMENT LEGAL DEPARTMENT )Ry Coz CITY MANAGER MAYOR (Change Orders over $25,000) PUR-045 (Rev 05/97) 559� CITY OF LUBBOCK SPECIFICATIONS FOR LAKE ALAN HENRY PAVED PARKING EXPANSION BID #97174 lrlr » Eo- CITY OF LUBBOCK Lubbock, Texas F -1 F City of Lubbock P.O. Box 2000 Lubbock, Texas 7B457 606-767-2167 ADDENDUM #3 ITB #97174 Lake Alan Henry Paved Parking Expansion MAILED TO VENDOR: OLD CLOSE DATE: NEW CLOSE DATE: July 18, 1997 rrB 997174, Addendum 93 Office of Purchasing July 24, 1997 @ 2:00 p.m. July 30, 1997 @ 4:00 p.m. The following items take precedence over specifications for the above named Invitation to Bid (ITB). Where any item called for in the ITB documents is supplemented here, the original requirements, not affected by this addendum, shall remain in effect. 1. General Instruction to Bidders, Item #5, Time and Order for Completion, please change the first paragraph to read as follows: 'The construction covered by the contract documents shall be fully completed within 60 (SIXTY) working days from the date specified in the Notice to Proceed issued by the City of Lubbock to the successful bidder.' 2. Specifications, Item #14.0, Construction Schedule, please change the first sentence to read as follows: _ 'This project is expected to be completed in 60 working days from the date the Notice to Proceed is issued." 3. Please submit your bid on the enclosed revised Bid Submittal Form, noting the above mentioned XW7 changes. 4. Specifications, Item #7.0, Embankment, please change the second paragraph to read as follows: ,. "Construction shall be performed in accordance with the construction methods outlined in Article 132.2 of Item 132 "Embankment' of the TxDOT Standard Specifications. The "Density Control" method shall be used, with each layer to be compacted to 100% of ASTM D-698 (Standard Proctor). Compaction tests will be performed by the City of Lubbock Soils Laboratory r l personnel." T 5. Specifications, Item #9.7, Sampling and Testing Hot Mix Asphaltic Concrete for Compaction, entire ' section shall be changed to read as follows: "Compacted pavement will be accepted for payment based on a minimum density of 92.5%. Four cores will be taken from the pavement placed from each lot of HMAC. The field density will be determined from these cores in accordance with ASTM D-2726. Pavement not meeting the ` 92.5% minimum shall be replaced at not cost to the owner." P" r r� 97174ad3.doc rrB #197174, Addendum 93 r r r� 6. Plans, page 2 of 2, the detailed note in the lower left hand comer should read as follows: "6" FLEXIBLE BASE COMPACTED AT 100% (CALICHE)" "SUB -GRADE COMPACTED AT 950/60 7. Specification, Item 10.0, Concrete, replace the second paragraph with the following: "Concrete shall be Class "A" as defined by City of Lubbock Street Maintenance Specifications. The Cement shall be an approved brand conforming to ASTM C-150. The Aggregate shall be washed and screened sand and washed and screened gravel conforming with ASTM C-33. The water shall be clean, free of oils, acids or organic matter. The mix design shall be a minimum 5 sacks of cement per cubic yard, a maximum of 6.5 gallons of water per sack of cement and have a maximum slump of 4 Inches. The concrete shall have a 28 day compressive strength of 3000 pounds. Reinforcement shall be 6 by 6 by 10 gauge wire mesh conforming to ASTM A-185." 8. The Type 1 and 2 traffic control Islands detailed at the bottom of page 2 of 2, of the plans are not concrete islands. These will be constructed with 4 Inch painted striping on the new pavement. The traffic control island at station 3+50 on the West end of the parking area will be built with 6 inch concrete curbing painted with yellowwater base paint. This curbing will be placed on the new paved surface and doweled a minimum of 3 evenly spaced locations with #6 rebar. The dowel rod should penetrate the paved surface a minimum of 1 foot. 9. The contractor is responsible for finding an adequate source of water. Water is available from the conservation pool of Lake Alan Henry. Hauling water from the lake using the boat ramp will not be allowed. Pumping water from the lake to the top of the ramp will be allowed. The contractor will need to make arrangements for the pumping equipment to be installed so as not to affect the public assess or safety. 10. The Close date has changed From: July 24, 1997 @ 2:00 p.m. To: July 30, 1997 @ 4:00 p.m. All requests for additional information or clarification must be submitted in writing and directed to: Questions may be faxed to: or Email to: Laura Ritchie, Buyer City of Lubbock P.O. Box 2000 Lubbock, Texas 79457 (806)767-2164 LRitchie@mail.cl.lubbocktx.us THANK YOU, Laura Ritchie Buyer PLEASE RETURN ONE COPY OF THIS ADDENDUM WITH YOUR BID 11 97174ad3.doc F BID SUBMITTAL LUMP SUM BID CONTRACT PLACE: DATE: PROJECT NUMBER: BID #97174 - LAKE ALAN HENRY PAVED PARKING EXPANSION Bid of (hereinafter called Bidder) To the Honorable Mayor and City Council City of Lubbock, Texas (hereinafter called Owner) _ Gentlemen: The Bidder, In compliance with your invitation for bids for the construction of a having carefully examined the plans, specifications, instructions to bidders, notice to bidders and all other related contract documents and the site of the intended work, and being familiar with all of the conditions surrounding the construction of the intended project including the availability of materials and labor, hereby Intends to furnish all labor, materials, and supplies; and to construct the project In accordance with the plans, specifications and contract documents, within the time set forth therein and at the price stated below. The price to cover all expenses incurred in performing the work required under the contract documents. ITEM 1: 15,750 SO. YD.: The construction of paved parking areas and driven lanes consisting of six Inches compacteed Caliche and 1 1/2 inches of HMAC. Complete in place Including all excavation and fill for the unit bid price of: MATERIALS: ($ ) LABOR: ($ ) TOTAL BID ITEM 1: ($ ) ITEM 2: 6850 L.F. All materials, supplies and labor for the application of 4 inch wide dividers and parking area markings. Complete in place for the unit price bid of. MATERIALS: ($ ) LABOR: ($ ) ' TOTAL BID ITEM 2: ($ ) 7 r ITEM 3: 10 EACH Traffic control Islands; 4 inch wide striping, water base paint complete in place for the unit price bid of : (Yellow) l MATERIALS: ($ ) LABOR: ($ ) TOTAL BID ITEM 3: ($ ) ITEM 4: 19 EACH Traffic control arrows; 4 Inch wide striping water base paint. Complete in place for the unit price bid of. (Yellow) MATERIALS: ($ ) �.. LABOR: ($ ) r ` TOTAL BID ITEM 4: ($ ) r ITEM 6: 5 EACH Furnish all material and labor for the Installation of aluminum traffic control signs. Complete and in place for the unit price bid of: MATERIALS: ($ ) i LABOR: ($ ) TOTAL BID ITEM 5: ($ ) ITEM 6: 1 EACH Furnish all materials and labor to complete the cocnstruction of a concrete traffic control island. Complete and in place for the lump sum bid of : (Yellow) MATERIALS: ($ LABOR: ($ ) TOTAL BID ITEM 6: ($ ) ITEM 7: 1 EACH Furnishing Blue and Whte painted Handicap parking symbol at location marked on the plans for the unit price bid of: MATERIALS: ($ ) LABOR: ($ ) TOTAL BID ITEM 7: ($ ) t 4 i ITEM 8: 1 LUMP SUM Construct concrete walk, ramp and landing as shown on plans for access to Permit Office, For the Lump Sum bid of. MATERIALS: ($ ) LABOR: ($ ) TOTAL BID ITEM 8: ($ ) ITEM 9: 2 EACH Relocate existing Aluminum traffic control signs. For the unit price bid of: MATERIALS: ($ ) LABOR: ($ ) TOTAL BID ITEM 9: ($ ) ITEM 10: 1 EACH Install Temporary public notice sign: r MATERIALS: ($ ) LABOR: ($ ) TOTAL BID ITEM 10: ($ ) ITEM 11: 1 LUMP SUM Final cleanup per lump sum: MATERIALS: ($ ) LABOR: ($ ) TOTAL BID ITEM 11: ($ ) P-7 TOTAL BID ITEMS 1-11 MATERIALS: ($ ) LABOR: ($ ) TOTAL BID ITEMS 1-11: ($ ) r ALTERNATE BID A: Furnish all materials and labor for the demolition of the existing landscaped area near the head of the Boat Ramp and pave this area according this same set of PW specifications. MATERIALS: ($ ) LABOR: ($ ) TOTAL ALTERNATE BID A: ($ ) ALTERNATE BID B: Furnish all materials and labor for the resurfacing of the existing parking l facilities, including approximately 9600 square yards of single coat chip seal, l 1974 feet of 4 inch painted striping for parking delineation, two Type 1 painted traffic control islands, two Type 2 painted traffic control islands and six traffic _ r control arrows. The Chip Seal should adhere to the following specifications. AC 5 Asphalt with 5% latex spread evenly at a rate of .32 gallons per square yard. Grade 4 Rock Precoated as per City of Lubbock Street Maintenance Specifications with a coverage of 1 cubic yard per JQ square yards of area. All painted traffic control and parking delineation shall conform to specifications in the original bid document. MATERIALS: ($ ) LABOR: ($ ) TOTAL ALTERNATE BID B: ($ ) (Amount shall be shown in both words and numerals. In case of discrepancy, the amount shown In words shall govern.) Bidder hereby agrees to commence the work on the above project on or before a date to be specified in a written "Notice to Proceed" of the Owner and to fully complete the project within 60 (SIXTY) working calendar days thereafter as n- stipulated in the specifications and other contract documents. Bidder hereby further agrees to pay to Owner as liquidated damages the sum of $500.00 (FIVE HUNDRED DOLLARS) for each consecutive calendar day in excess of the time set forth hereinabove for completion of this project, all as more fully set forth in the general conditions of the contract documents. Bidder understands and agrees that this bid submittal shall be completed and submitted in accordance with Instruction number 21 of the General Instructions to Bidders. Bidder understands that the Owner reserves the right to reject any or all bids and to waive any formality in the bidding. The Bidder agrees that this bid shall be good and may not be withdrawn for a period of thirty (30) calendar days after the scheduled closing time for receiving bids. The undersigned Bidder hereby declares that he has visited the site of the work and has carefully examined the plans, specifications and contract documents pertaining to the work covered by this bid, and he further agrees to commence work on or before the date specified in the written notice to proceed, and to substantially complete the work on which he has bid; as provided in the contract documents. Bidders are required, whether or not a payment or performance bond Is required, to submit a cashier's check or certified check issued by a bank satisfactory to the City of Lubbock, or a bid bond from a reliable surety company, r� payable without recourse to the order of the City of Lubbock in an amount not less than five percent (5% ) of the total amount of the bid submitted as a guarantee that bidder will enter Into a contract and execute all necessary bonds (if required) within (ten) 10 days after notice of award of the contract to him. E� , t: Enclosed with this bid is a Cashier's Check or Certified Check for Dollars ($ ) or a Bid Bond in the sum of Dollars which it is agreed shall be collected and retained by the Owner as liquidated damages in the event the bid is accepted by the Owner and the undersigned fails to execute the necessary contract documents and the required bond (if any) with the Owner within ten (10) days after the date of receipt of written notification of acceptance of said bid; otherwise, said check or bond shall be returned to the undersigned upon demand. Bidder understands and agrees that the contract to be executed by Bidder shall be bound and Include all contract documents made available to him for his inspection in accordance with the Notice to Bidders. Authorized Signature (Printed or Typed Name) Company Address City, County State Zip Code Telephone: Fax: (Seal If Bidder is a Corporation) ATTEST: 7 Secretary 7 r k i 7 ITB #97174, Addendum #2 F City of Lubbock P.O. Box 2000 Lubbock, Texas 79457 606-767-2167 Office of Purchasing ADDENDUM #2 ITB #97174 Lake Alan Henry Paved Parking Expansion MAILED TO VENDOR: July 14, 1997 CLOSE DATE: July 24, 1997 @ 2:00 p.m. The following items take precedence over specifications for the above named Invitation to Bid (ITB). Where any item called for in the ITB documents is supplemented here, the original requirements, not affected by this addendum, shall remain in effect. 1. Enclosed please find the revised Bid Form, noting the correction of Alternate Bid B. All requests for additional information or clarification must be submitted in writing and directed to: Laura Ritchie, Buyer City of Lubbock P.O. Box 2000 7 Lubbock, Texas 79457 Questions may be faxed to: (806)767-2164 or Email to: LRitchie@maii.ci.lubbocktx.us THANK YOU, Laura Ritchie Buyer PLEASE RETURN ONE COPY OF THIS ADDENDUM WITH YOUR BID 7 97174ad2.doc r F 7, I 7 BID SUBMITTAL LUMP SUM BID CONTRACT PLACE: DATE: PROJECT NUMBER: BID #97174 - LAKE ALAN HENRY PAVED PARKING EXPANSION Bid of (hereinafter called Bidder) To the Honorable Mayor and City Council City of Lubbock, Texas (hereinafter called Owner) Gentlemen: The Bidder, In compliance with your Invitation for bids for the construction of a having carefully examined the plans, specifications, Instructions to bidders, notice to bidders and all other related contract documents and the site of the intended work, and being familiar with all of the conditions surrounding the construction of the intended project Including the availability of materials and labor, hereby Intends to furnish all labor, materials, and supplies; and to construct the project in accordance with the plans, specifications and contract documents, within the time set forth therein and at the price stated below. The price to cover all expenses Incurred In performing the work required under the contract documents. ITEM 1: 15,750 SO. YD.: The construction of paved parking areas and driven lanes consisting of six Inches compacteed Caliche and 1 112 inches of HMAC. Complete in place including all excavation and fill for the unit bid price of: MATERIALS: ($ ) LABOR: ($ TOTAL BID ITEM 1: ($ ) ITEM 2: 6850 L.F. All materials, supplies and labor for the application of 4 Inch wide dividers and parking area markings. Complete In place for the unit price bid of. MATERIALS: ($ ) LABOR: ($ ) TOTAL BID ITEM 2: ($ ) r F - L ITEM 3: 10 EACH Traffic control Islands; 4 Inch wide striping, water base paint complete in place for the unit price bid of: (Yellow) MATERIALS: ( ) 7 17 6 , 4. 7 LABOR: ($ ) TOTAL BID ITEM 3: ($ ) ITEM 4: 19 EACH Traffic control arrows; 4 inch wide striping water base paint. Complete in place for the unit price bid of. (Yellow) MATERIALS: ($ ) LABOR: ($ ) TOTAL BID ITEM 4: A. ) ITEM 6: 5 EACH Furnish all material and labor for the Installation of aluminum traffic control signs. Complete and in place for the unit price bid of: MATERIALS: ($ ) LABOR: ($ ) TOTAL BID ITEM 5: ($ ) ITEM 6: 1 EACH Fumish all materials and labor to complete the c:ocnstruc Lion of a concrete traffic control island. Complete and In place for the lump sum bid of : (Yellow) MATERIALS: ($ ) LABOR: ($ ) TOTAL BID ITEM 6: ($ ) ITEM 7: 1 EACH Furnishing Blue and Whte painted Handicap parking symbol at location marked on the plans for the unit price bid of: MATT TRIALS: ($ ) LABOR: ($ ) TOTAL BID ITEM is ($_ ) I F 7 F 7 r 7 ITEM 8: 1 LUMP SUM Construct concrete walk ram and landing as shown on plans for access to P 9 Permit Office, For the Lump Sum bid of: MATERIALS: ($ ) LABOR: ($ ) TOTAL BID ITEM 8: ($ ) ITEM 9: 2 EACH Relocate existing Aluminum traffic control signs. For the unit price bid of. MATERIALS: ($ ) LABOR: ($ ) TOTAL BID ITEM 9: ($ ) ITEM 10: 1 EACH Install Temporary public notice sign: MATERIALS: ($ ) LABOR: ($ ) TOTAL BID ITEM 10: ($ ) ITEM 11: 1 LUMP SUM Final cleanup per lump sum: MATERIALS: ($ ) LABOR: ($ ) TOTAL BID ITEM 11: ($ ) TOTAL BID ITEMS 1-11 MATERIALS: ($ ) LABOR: ($ ) TOTAL BID ITEMS 1-11: ($ ) .I, ALTERNATE BID A: Furnish all materials and labor for the demolition of the existing landscaped area near the head of the Boat Ramp and pave this area according this same set of specifications. i MATERIALS: ($ ) LABOR: ($ ) TOTAL ALTERNATE BID A: ($ ) ALTERNATE BID B: Furnish all materials and labor for the resurfacing of the existing parking facilities, Including approximately 9600 square yards of single coat chip seal, 1974 feet of 4 inch painted striping for parking delineation, two Type 1 painted traffic control islands, two Type 2 painted traffic control islands and six traffic control arrows. The Chip Seal should adhere to the following specifications. AC 5 Asphalt with 5% latex spread evenly at a rate of .32 gallons per square yard. Grade 4 Rock Precoated as per City of Lubbock Street Maintenance Specifications with a coverage of 1 cubic yard per L10 square yards of area. All painted traffic control and parking delineation shall conform to specifications in the original bid document. MATERIALS: ($ ) LABOR: $ ( ) 7 TOTAL ALTERNATE BID B: ($ ) T (Amount shall be shown In both words and numerals. In case of discrepancy, the amount shown in words shall govem.) Bidder hereby agrees to commence the work on the above project on or before a date to be specified in a written "Notice to Proceed" of the Owner and to fully complete the project within 30 (THIRTY) consecutive calendar days thereafter as stipulated in the specifications and other contract documents. Bidder hereby further agrees to pay to Owner as liquidated damages the sum of $500.00 (FIVE HUNDRED DOLLARS) for each consecutive calendar day in excess of the time set forth hereinabove for completion of this project, all as more fully set forth In the general conditions of the contract documents. Bidder understands and agrees that this bid submittal shall be completed and submitted In accordance with Instruction number 21 of the General instructions to Bidders. Bidder understands that the Owner reserves the right to reject any or all bids and to waive any formality in the bidding. rThe Bidder agrees that this bid shall be good and may not be withdrawn for a period of thirty (30) calendar days after the scheduled closing time for receiving bids. The undersigned Bidder hereby declares that he has visited the site of the work and has carefully examined the plans, specifications and contract documents pertaining to the work covered by this bid, and he further agrees to commence work on or before the date specified in the written notice to proceed, and to substantially complete the work r. on which he has bid; as provided In the contract documents. Bidders are required, whether or not a payment or performance bond is required, to submit a cashlees check or certified check Issued by a bank satisfactory to the City of Lubbock, or a bid bond from a reliable surety company, r" payable without recourse to the order of the City of Lubbock in an amount not less than five percent (5% ) of the total ll amount of the bid submitted as a guarantee that bidder will enter into a contract and execute all necessary bonds (if required) within (ten) 10 days after notice of award of the contract to him. r 1' ' Enclosed with this bid Is a Cashier's Check or Certified Check for Dollars ($ ) or a Bid Bond in the sum of Dollars jr which it is agreed shall be collected and retained by the Owner as liquidated damages in the event the bid is accepted by the Owner and the undersigned fails to execute the necessary contract documents and the required bond (if any) with the Owner within ten (10) days after the date of receipt of written notification of acceptance of said bid; otherwise, said check or bond shall be returned to the undersigned upon demand. Bidder understands and agrees that the contract to be executed by Bidder shall be bound and include all contract documents made available to him for his inspection in accordance with the Notice to Bidders. Authorized Signature (Printed or Typed Name) Company Address City, county State Zip Code Telephone: Fax: (Seal if Bidder is a Corporation) ATTEST: Secretary t: r i City of Lubbock P.O. Box 2000 Lubbock, Texas 79457 BOB-767-2167 i. ADDENDUM #1 ITB #97174 Lake Alan Henry Paved Parking Expansion ITB #97174, Addendum #1 Office of Purchasing MAILED TO VENDOR: July 9,1 997 CLOSE DATE: July 24, 1997 @ 2:00 p.m. The following items take precedence over specifications for the above named Invitation to Bid (ITB). Where any item called for in the ITB documents is supplemented here, the original requirements, not affected by this addendum, shall remain in effect. !I . 1. Enclosed please find the revised Bid Form, noting the addition of Alternate Bid B. 11 All requests for additional information or clarification must be submitted in writing and directed to: Laura Ritchie, Buyer City of Lubbock P.O. Box 2000 Lubbock, Texas 79457 Questions may be faxed to: (806)767-2164 or Email to: LR!tchle@mall.cl.lubbocktx.us THANK YOU, Laura Ritchie Buyer PLEASE RETURN ONE COPY OF THIS ADDENDUM WITH YOUR BID 'I �I 97174ad1.doc e• f i BID SUBMITTAL LUMP SUM BID CONTRACT PLACE: DATE: PROJECT NUMBER: BID 997174 - LAKE ALAN HENRY PAVED PARKING EXPANSION Bid of (hereinafter called Bidder) l To the Honorable Mayor and City Council City of Lubbock, Texas (hereinafter called Owner) Gentlemen: 7 11 The Bidder, in compliance with your invitation for bids for the construction of a having carefully examined the plans, specifications, Instructions to bidders, notice to bidders and all other related contract documents and the site of the Intended work, and being familiar with all of the conditions surrounding the construction of the intended project including the availability of materials and labor, hereby Intends to furnish all labor, materials, and supplies; and to construct the project in accordance with the plans, specifications and contract documents, within the time set forth therein and at the price stated below. The price to cover all expenses Incurred in performing the work required under the contract documents. T ITEM 1: 15,750 SO. YD.: The construction of paved parking areas and driven lanes consisting of six Inches compacteed Caliche and 1 112 Inches of HMAC. Complete in place Including all excavation and fill for the unit bid price of: t+" MATERIALS: ($ ) LABOR: ($ ) TTOTAL BID ITEM 1: ($ ) 17 ITEM 2: 6850 L.F. All materials, supplies and labor for the application of 4 Inch wide dividers and parking area markings. Complete in place for the unit price bid of: MATERIALS: ($ ) LABOR: i I TOTAL BID ITEM 2: ($ ) B t l ITEM 3: 10 EACH Traffic control Islands; 4 Inch wide striping, water base paint complete in place for the unit price bid of: (Yellow) MATERIALS: ($1 ) LABOR: ($ ) TOTAL BID ITEM 3: ($ ) ITEM 4: 19 EACH Traffic control arrows; 4 Inch wide striping water base paint. Complete In place for the unit price bid of: (Yellow) MATERIALS: ($ ) LABOR: ($ 1 TOTAL BID ITEM 4: ($ ) ITEM 5: 5 EACH Furnish all material and labor for the Installation of aluminum traffic control signs. Complete and in place for the unit price bid of: MATERIALS: ($ ) LABOR: ($ ) TOTAL BID ITEM 5: ($ ) ITEM 6: 1 EACH Furnish all materials and labor to complete the cocnstruction of a concrete traffic control Island. Complete and In place for the lump sum bid of : (Yellow) MATERIALS: ($ ) LABOR: ($ ) TOTAL BID ITEM 6: ($ ) ITEM 7: 1 EACH Furnishing Blue and Whte painted Handicap parking symbol at location marked on the plans for the unit price bid of: MATERIALS: ($ ) LABOR: ($ ) TOTAL BID ITEM 7: ($ ) l 7, g 1� ITEM 8: 1 LUMP SUM Construct concrete walk, ramp and landing as shown on plans for access to Permit Office, For the Lump Sum bid of: MATERIALS: ($ 1 LABOR: ($ ) TOTAL BID ITEM 8: ($ ) ITEM 9: 2 EACH Relocate existing Aluminum traffic control signs. For the unit price bid of. MATERIALS: ($ ) LABOR: ($ ) TOTAL BID ITEM 9: ($ ) ITEM 10: 1 EACH Install Temporary public notice sign: MATERIALS: ($ ) LABOR: ($ ) TOTAL BID ITEM 10: ($ ) ITEM 11: 1 LUMP SUM Final cleanup per lump sum: MATERIALS: ($ ) LABOR: ($ ) TOTAL BID ITEM 11: ($ ) TOTAL BID ITEMS 1-11 MATERIALS: ($ ) LABOR: ($ ) TOTAL BID ITEMS 1-11: ($ ) 7 F F r r 17 7 ALTERNATE BID A: Furnish all materials and labor for the demolition of the existing landscaped area near the head of the Boat Ramp and pave this area according this same set of specifications. MATERIALS: ($ ) LABOR: U; ) TOTAL ALTERNATE BID A: ($ ) ALTERNATE BID B: Furnish all materials and labor for the resurfacing of the existing parking facilities, including approximately 9600 square yards of single coat chip seal, 1974 feet of 4 inch painted striping for parking delineation, two Type 1 painted traffic control Islands, two Type 2 painted traffic control islands and six traffic control arrows. The Chip Seal should adhere to the following specifications. AC 5 Asphalt with 5% latex spread evenly at a rate of .32 gallons per square yard. Grade 4 Rock Precoated as per City of Lubbock Street Maintenance Specifications with a coverage of 1 cubic yard per square yard of area. All painted traffic control and parking delineation shall conform to specifications In the original bid document. MATERIALS: ($ ) LABOR: ($ ) TOTAL ALTERNATE BID B: ($ ) (Amount shall be shown in both words and numerals. In case of discrepancy, the amount shown in words shall govem.) Bidder hereby agrees to commence the work on the above project on or before a date to be specified In a written "Notice to Proceed" of the Owner and to fully complete the project within 30 (THIRTY) consecutive calendar days thereafter as stipulated In the specifications and other contract documents. Bidder hereby further agrees to pay to Owner as liquidated damages the sum of $500.00 (FIVE HUNDRED DOLLARS) for each consecutive calendar day In excess of the time set forth hereinabove for completion of this project, all as more fully set forth in the general conditions of the contract documents. Bidder understands and agrees that this bid submittal shall be completed and submitted In accordance with instruction number 21 of the General Instructions to Bidders. Bidder understands that the Owner reserves the right to reject any or all bids and to waive any formality in the bidding. The Bidder agrees that this bid shall be good and may not be withdrawn for a period of thirty (30) calendar days after the scheduled closing time for receiving bids. The undersigned Bidder hereby declares that he has visited the site of the work and has carefully examined the plans, specifications and contract documents pertaining to the work covered by this bid, and he further agrees to commence work on or before the date specified in the written notice to proceed, and to substantially complete the work on which he has bid; as provided in the contract documents. Bidders are required, whether or not a payment or performance bond is required, to submit a cashier's check or certified check issued by a bank satisfactory to the City of Lubbock, or a bid bond from a reliable surety company, payable without recourse to the order of the City of Lubbock in an amount not less than five percent (5% ) of the total amount of the bid submitted as a guarantee that bidder will enter into a contract and execute all necessary bonds (if required) within (ten) 10 days after notice of award of the contract to him. Enclosed with this bid is a Cashier's Check or Certified Check for Dollars ($ ) or a Bid Bond in the sum of Dollars which it is agreed shall be collected and retained by the Owner as liquidated damages in the event the bid is accepted by the Owner and the undersigned fails to execute the necessary contract documents and the required bond (if any) with the Owner within ten (10) days after the date of receipt of written notification of acceptance of said bid; otherwise, said check �- or bond shalt be returned to the undersigned upon demand. Bidder understands and agrees that the contract to be executed by Bidder shall be bound and include all contract documents made available to him for his inspection in accordance with the Notice to Bidders. J Authorized Signature (Printed or Typed Name) Company Address City, County State Zip Code Telephone: Fax: (Seal if Bidder is a Corporation) ATTEST: Secretary 71P, r a CITY OF LUBBOCK INVITATION TO BID FOR TITLE: LAKE ALAN HENRY PAVED PARKING EXPANSION ADDRESS: LUBBOCK, TEXAS BID NUMBER: 97174 PROJECT NUMBER: 9492.9281.30000 CONTRACT PREPARED BY: PURCHASING DEPARTMENT 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. r 11. INDEX NOTICE TO BIDDERS GENERAL INSTRUCTIONS TO BIDDERS BID SUBMITTAL - BID FOR LUMP SUM CONTRACTS PAYMENT BOND PERFORMANCE BOND CERTIFICATE OF INSURANCE CONTRACT GENERAL CONDITIONS OF THE CONTRACT CURRENT WAGE DETERMINATIONS SPECIFICATIONS SPECIAL CONDITION C0 w w 0 m O w U H O 7 NOTICE TO BIDDERS BID #97174 Sealed bids addressed to Victor Kilman, Purchasing Manager, City of Lubbock, Texas, will be received in the office of the Purchasing Manager, Municipal Building, 1625 13th Street, Room L-04, Lubbock, Texas, 79401, until 2:00 o'clock p.m. on the 24th day of July. 1997, 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: "LAKE ALAN HENRY PAVED PARKING EXPANSION" c: After the expiration of the time and date above first written, said sealed bids will be opened in the office of the Purchasing Manager and publicly read aloud. It is the sole responsibility of the bidder to insure that his bid Is actually in the office of the Purchasing Manager for the City of Lubbock, prior to the expiration of the date above first written. r The City of Lubbock will consider the bids on the 14th day of August, 1997, at the Municipal Building, 1625 13th Street, Lubbock, Texas, or as soon thereafter as may be reasonably convenient, subject to the right to reject any or all bids and waive any formalities. The successful bidder will be required to furnish a performance bond in accordance with Chapter 2253, Government Code, in the amount of 100% of the total contract price in the event that said contract price exceeds $100,000 and the successful bidder will be required to furnish a payment bond In accordance with Chapter 2253, Government Code, in the amount of 100% of the total contract price in the event that said contract price exceeds $25,000. Said statutory bonds should be issued by a company carrying a current Best Rating of B or superior, as the rating of the bond company is a factor that will be considered in determination of the lowest responsible bidder. Bidders are required, whether or not a payment or performance bond Is required, to submit a cashier's or certified check issued by a bank satisfactory to the City of Lubbock, or a bid bond from a reliable surety company, payable without recourse to the order of the City of Lubbock in an amount not less than 5% of the total amount of the bid submitted as a guarantee that bidder will enter into a contract and execute all necessary bonds (if required) within 10 days after notice of award of the contract to him. It shall be each bidders sole responsibility to inspect the site of the work and to Inform himself regarding all local conditions under which the work is to be done. It shall be understood and agreed that all such factors have been thoroughly investigated and considered In the preparation of the bid submitted. There will be a pre -bid conference on 15th day of July. 1997, at 11:00 o'clock a.m., in the Purchasing Conference Room L04, Lubbock, Texas Attention of each bidder is particularly called to the schedule of general prevailing rate of per diem wages included in the contract documents on file in the office of the Purchasing Manager of the City of Lubbock, which document is specifically referred to in this notice to bidders. Each bidder's attention is further directed to provision of Article 5159a, Vernon's Ann. Civil St., 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 bidders that in regard to any contract entered into pursuant to this advertisement, minority and women business enterprises will be afforded equal opportunities to submit bids in response to this invitation and will not be discriminated against on the grounds of race, color, sex, disability, or national origin in consideration for an award. The City of Lubbock does not discriminate against persons with disabilities. City of Lubbock pre -bid meetings and bid openings are available to all persons regardless of disability. If you would like bid Information made available in a more accessible format or if you require assistance, please contact the City of Lubbock Human Relations Office at (806) 767-2281 at least 48 hours in advance of the meeting. CITY OF LUBBOCK 2 VICTOR KIL N PURCHASING MANAGER Bid documents may be obtained upon request from the Purchasing Department at 1625 13th Street, Room L-04, Lubbock, Texas 79401; Telephone (806)767-2167/Fax (806)767-2164. I GENERAL INSTRUCTIONS TO BIDDERS i r- 1 2. GENERAL INSTRUCTIONS TO BIDDERS SCOPE OF WORK The contractor shall furnish all labor, superintendence, machinery, equipment and all materials necessary to complete this project in accordance with contract documents for the LAKE ALAN HENRY PAVED PARKING EXPANSION. CONTRACT DOCUMENTS All work covered by this contract shall be done in accordance with contract documents described in the General Conditions. All bidders shall be thoroughly familiar with all of the requirements set forth on the contract documents for the construction of this project and shall be responsible for the satisfactory completion of all work contemplated by said contract documents. PLANS FOR USE BY BIDDERS It is the Intent of the City of Lubbock that all parties with an interest in submitting a bid on the project covered by the contract documents be given a reasonable opportunity to examine the documents and prepare a bid without ` charge or forfeiture of deposit. The contract documents, may examined without charge as noted in the Notice to Bidders. 4. BIDDER INQUIRIES No bidder shall request any information verbally. All written requests for additional information or clarification concerning this bid must be addressed to: LAURA RITCHIE BUYER CITY OF LUBBOCK P.O. BOX ` 2000 LUBBOCK, TX 79457 FAX (806)767-2164 5. TIME AND ORDER FOR COMPLETION The construction covered by the contract documents shall be fully completed within 30 (THIRTY) consecutive calendar days from the date specified in the Notice to Proceed issued by the City of Lubbock to the successful bidder. The Contractor will be permitted to prosecute the work In the order of his own choosing, provided, however, the City reserves the right to require the Contractor to submit a progress schedule of the work contemplated by the contract documents. In the event the City requires a progress schedule to be submitted, and it is determined by the City that the progress of the work is not in accordance with the progress schedule so submitted, the City may direct the Contractor to take such action as the City deems necessary to insure completion of the project within r the time specified. 6. PAYMENT All payments due to Contractor shall be made in accordance with the provisions of the General Conditions of the contract documents. tl 7. AFFIDAVITS OF BILLS PAID The City of Lubbock reserves the right, prior to final acceptance of this project to require the Contractor to execute an affidavit that all bills for labor, materials and incidentals incurred in the construction of the improvements contemplated by the contract documents have been paid in full and that there are no claims pending, of which the Contractor has been notified. 8. 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. 9. _ GUARANTEES 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 fumish 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). 10. PLANS FOR THE CONTRACTOR The contractor will be furnished two sets of plans and specifications, and related contract documents for his 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. 11. PROTECTION OF THE WORK The Contractor shall be responsible for the care, preservation, conservation, and protection of all materials, supplies, machinery, equipment, tools, apparatus, accessories, facilities, and all means of construction, and any and all parts of the work whether the Contractor has been paid, partially paid, or not paid for such work, until the date the City issues its certificate of completion to Contractor. The City reserves the right, after the bids have been opened and before the contract has been awarded, to require of a bidder the following information: (a) The experience record of the bidder showing completed jobs of a similar nature to the one covered by the intended contract and all work in progress with bond amounts and percentage completed. (b) A swom statement of the current financial condition of the bidder. (c) Equipment schedule. 12. TEXAS STATE SALES TAX 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. 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. r a 13. 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 tines or structures cut or damaged by Contractor during the prosecution of the work contemplated by this contract shall be repaired r immediately by Contractor to the satisfaction of the City of Lubbock, Texas, at Contractor's expense. 14. 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, r 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 r. acceptance of the project. 15. EXPLOSIVES The use of explosives will not be permitted unless written permission to do so is obtained by the Contractor from i 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.'' Explosive materials shall not be stored or kept at the construction site by the Contractor. 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. 16. CONTRACTOR'S REPRESENTATIVE The successful bidder shall be required to have a responsible local representative available at all times while the work is in progress under this contract. The successful bidder shall be required to furnish the name, address and telephone number where such local representative may be reached during the time that the worts contemplated by this contract is in progress. 17. 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 fumished 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 L. 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 11 policies shall be provided covering the operation of each subcontractor. A certificate of Insurance specifying each and all coverage's shall be submitted prior to contract execution. The insurance certificates furnished shall name the City as an additional insured. A Worker's Compensation Coverage statement from the Contractor to the effect that no work on this particular project shall be subcontracted will be accepted as an alternative. It shall be the contractors -� responsibility to provide to the owner all proof of coverage insurance documents including workers compensation coverage for each subcontractor 18. LABOR AND WORKING HOURS Attention of each bidder is particularly called to the schedule of general prevailing rate of per diem wages included In these contract documents. The wage rate which must be paid on this project shall not be less than — specified in the schedule of general prevailing rates of per diem wages as above mentioned. The bidders' attention is further directed to the requirements of Article 5159a,' Vernon's Annotated Civll Statutes providing for the payment of the wage schedules above mentioned and the bidders obligations thereunder. The Inclusion of the schedule of general prevailing rate of per diem wages -in these contract documents does not release the Contractor from compliance with any wage law that may be applicable. Construction worts under this contract requiring an inspector will not be performed on weekends or holidays unless the following conditions exist: (1) The project being constructed is essential to the City of Lubbock's ability to provide the necessary service to its citizens. (2) Delays In construction are due to factors outside the control of the Contractor. The Contractor is approaching the penalty provisions of the contract and Contractor can show he has made a diligent effort to complete the contract within the allotted time. 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 Owners 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 Owners Representative. In any event, if a condition should occur or arise at the site of this project or from the worts 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. + 19. 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 Owners Representative, or Engineer, a certified, swom, 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. J The Contractor shall forfeit as a penalty to the City of Lubbock on whose behalf this contract is made, ten 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. 20. PROVISIONS CONCERNING ESCALATION CLAUSES Bids submitted containing any conditions which provide for changes in the stated bid price due to increases or decreases in the cost of materials, labor or other items required for the project will be rejected and returned to the bidder without being Considered. 21. PREPARATION FOR BID The bidder shall submit his bid on forms furnished by the City. All blank spaces in the form shall be correctly 4 filled in and the bidder shall state the price both in words and numerals, for which he intends to do the work contemplated or furnish the materials required. Such prices shall be written in Ink, distinctly and legibly, or I^" typewritten. In case of discrepancy between the price written in words and the price written in figures, the price written in words shall govern. If the bid is submitted by an individual, his name must be signed by him or his duly authorized agent. If a bid is submitted by a firm, association, or partnership, the name and address of each member must be given and the bid signed by a member of the firm, association or partnership, or person duly 1 authorized. If the bid is submitted by a company or corporation, the company or corporate name and business l address must be given, and the bid signed by an official or duly authorized agent. Powers of attorney authorizing agents or others to sign bids must be properly certified and must be in writing and submitted with the bid. The f✓" bid shall be executed in ink. Each bid shall be enclosed in a sealed envelope, addressed as specified in the Notice to Bidders, and endorsed on the outside of the envelope in the following manner: (a) Bidder's name (b) Bid for (description of the project). Bid submittals may be withdrawn and resubmitted at any time prior to the time set for opening of the bids, but no bid may be withdrawn or altered thereafter. r► J 22. BOUND COPY OF CONTRACT DOCUMENTS Bidder understands and agrees that the contract to be executed by bidder shall be bound and include the following: (a) Notice to Bidders. (b) General Instructions to Bidders. (c) Bidder's Submittal. (d) Statutory Bond (if required). (e) Contract Agreement. (f) General Conditions. (g) Special Conditions Of any). (h) Specifications. () Insurance Certificates. 0 All other documents made available to bidder for his inspection in accordance with the Notice to Bidders. If Plans and Specifications are too bulky or cumbersome to be physically bound, they are to be considered Incorporated by reference into the aforementioned contract documents. 23. QUALIFICATIONS OF BIDDERS The bidder may be required before the award of any contract to show to the complete satisfaction of the City of Lubbock that it has the necessary facilities, ability, and financial resources to provide the service specified therein In a satisfactory manner. The bidder may also be required to give a past history and references in order to satisfy the City of Lubbock in regard to the bidder's qualifications. The City of Lubbock may make reasonable investigations deemed necessary and proper to determine the ability of the bidder to perform the work, and the bidder shall furnish to the City of Lubbock all information for this purpose that may be requested. The City of Lubbock reserves the right to reject any bid if the evidence submitted by, or investigation of, the bidder fails to satisfy the City of Lubbock that the bidder is properly qualified to carry out the obligations of the contract and to complete the work described therein. Evaluation of the bidder's qualifications shall include: 1. The ability, capacity, skill, and financial resources to perform the work or provide the service required. 2. The ability of the bidder to perform the work or provide the service promptly or within the time specified, without delay or interference. -- 3. The character, integrity, reputation, judgment, experience, and efficiency of the bidder. 4. The quality of performance of previous contracts or services. _ J Q m D 1_ -: L..' L-- L- L_: L LL L. U= L: L L L L L L L L 7 BID SUBMITTAL LUMP SUM BID CONTRACT PLACE: 1 6'94 . 7-X DATE: % 30 - 2 % PROJECT NUMBER: BID #97174 - LAKE ALAN HENRY PAVED PARKING EXPANSION :.. : /. _/ g .:.. To the Honorable Mayor and City Council City of Lubbock, Texas (hereinafter called Owner) Gentlemen: The Bidder, In compliance with your invitation for bids for the construction of a /A!P E' /414N 90-Jeq PtkAgRAPrNG CxOWivs1on! having carefully examined the plans, specifications, instructions to bidders, notice to bidders and all other related contract documents and the site of the intended work, and being familiar with all of the conditions surrounding the construction of the intended project Including the availability of materials and labor, hereby Intends to furnish all labor, materials, and supplies; and to construct the project in accordance with the plans, specifications and contract documents, within the time set forth therein and at the price stated below. The price to cover all expenses incurred in performing the work required under the contract documents. 7 ITEM 1: 7 MATERI 15,750 SO. YD.: The construction of paved parking areas and driven lanes consisting of six Inches compacteed Caliche and 1 1/2 inches of HMAC. Complete in place Including all excavation and fill for the unit bid price of: 7 TOTAL BID ITEM V,, TITEM 2: 6850 L.F. 7 j M All materials, supplies and labor for the application of 4 Inch wide dividers and parking area markings. Complete In place for the unit price bid of. TOTAL BID ITEM r 71 F ITEM S: 10 EACH Traffic control islands; 4 inch wide striping, water base paint complete in place for the unit price bid of : (Yellow) 111/1�'nl',%Ilir/I%!/7�//,'memmay. %lam 04 ITEM 4: 19 EACH Traffic control arrows; 4 inch wide striping water base paint. Complete in place ® for the unit price bid of. (Yellow) MATERIALS: Ow P� /, �.(fI�Q /h�C ($ f LABOR: W'0 " TOTAL BID ITEM 4: `11V ITEM 6: 5 EACH Furnish all material and labor for the installation of aluminum traffic control / signs. Complete and in place for the unit price bid of: MATERIALS: �%f 11//LYI� _ //��n �51�.�/��/f O 4OLU1'a lriiZO� ($12Jr�. fi TOTAL BID ITEM 5: ITEM 6: 1 EACH Furnish all materials and labor to complete the cocnstruction of a concrete traffic control island. Complete and in place for the lump sum bid of : (Yellow) &'� i ye A . . . - = -- — wwwom -- TOTAL BID ITEM 6:�ikQ r ITEM 7: 1 EACH Furnishing Blue and Whte painted Handicap..symbol at location marked 7 on the plans for the unit price ... MATERIALS: 90 FTOTAL BID ITEM 7: " 64r'2�> 17 ITEM 8: 1 LUMP SUM Construct concrete walk, ramp and landing as shown on plans for access to �' e Permit Office, For the Lump Sum bid of: 7L.�i'P_ �,�ift!!,r�A' G =I MATERIALS: � '4*14W pilr.& ITEM 9: 2 EACH Relocate eyJsting Aluminum traffic control signs.For price • • of. TOTAL BID ITEM ITEM 10: 1 EACH Install Temporary public notice sign: &LxiaAx&& Z/.0 / /1. LABOR: on TOTAL. ITEM 10: 11: ILUMPSUM Final per • cleanupITEM MATERIALS: cc) LABOR:/ TOTAL BID ITEM 11:'Ae'eW '7 5M. op TOTAL BID ITEMS 1.11 MATERIALS::..t �_ !.! i�., :.. .i .[ �. i.� �� . i� it , %,... ga goo. LABOR*�. 1 r. i1-33,300,00 TOTAL BID ITEMS (s &Z .� �r 7 ALTERNATE BID A: r T r aT Fumish all materials and labor for the demolition of the existing landscaped area near the head of the Boat Ramp and pave this area according this same set of specifications. �_! iM091.., i ALTERNATE BID B: Fumish all materials and labor for the resurfacing of the existing parking facilities, Including approximately 9600 square yards of single coat chip seat, 1974 feet of 4 inch painted striping for parking delineation, two Type 1 painted traffic control islands, two Type 2 painted traffic control Islands and six traffic control arrows. The Chip Seal should adhere to the following specifications. AC 5 Asphalt with 5% latex spread evenly at a rate of .32 gallons per square yard. Grade 4 Rock Precoated as per City of Lubbock Street Maintenance Specifications with a coverage of 1 cubic yard per J0 square yards of area. All painted traffic control and parking delineation shall conform to specifications In the original bid document. MF// i2o! TOTAL ALTERNATE BID (Amount shall be shown in both words and numerals. In case of discrepancy, the amount shown in words shall govern.) Bidder hereby agrees to commence the work on the above project on or before a date to be specified in a written "Notice to Proceed" of the Owner and to fully complete the project within 60 (SIXTY) working calendar days thereafter as stipulated in the specifications and other contract documents. Bidder hereby further agrees to pay to Owner as liquidated damages the sum of $500.00 (FIVE HUNDRED DOLLARS) for each consecutive calendar day In excess of the time set forth hereinabove for completion of this project, all as more fully set forth in the general conditions of the contract documents. Bidder understands and agrees that this bid submittal shall be completed and submitted in accordance with Instruction number 21 of the General Instructions to Bidders. Bidder understands that the Owner reserves the right to reject any or all bids and to waive any formality in the bidding. The Bidder agrees that this bid shall be good and may not be withdrawn for a period of thirty (30) calendar days after the scheduled closing time for receiving bids. The undersigned Bidder hereby declares that he has visited the site of the work and has carefully examined the plans, specifications and contract documents pertaining to the work covered by this bid, and he further agrees to commence work on or before the date specified in the written notice to proceed, and to substantially complete the work on which he has bid; as provided In the contract documents. Bidders are required, whether or not a payment or performance bond is required, to submit a cashler's check or certified check Issued by a bank satisfactory to the City of Lubbock, or a bid bond from a reliable surety company, payable without recourse to the order of the City of Lubbock In an amount not less than five percent (5% ) of the total amount of the bid submitted as a guarantee that bidder will enter into a contract and execute all necessary bonds (if required) within (ten) 10 days after notice of award of the contract to him. I' 7 Enclosed with this bid is a Cashier's Check or Certified Check for���� Dollars ($fig_) or a Bid Bond In the sum of iVE' )��CCAT-r Dollars ($ which it Is agreed shall be collected and retained by the Owner as liquidated damages in the event the bid is accepted by the Owner and the undersigned fails to execute the necessary contract documents and the required bond (if any) with the Owner within ten (10) days after the date of receipt of written notification of acceptance of said bid; otherwise, said check or bond shall be returned to the undersigned upon demand. Bidder understands and agrees that the contract to be executed by Bidder shall be bound and include all contract documents made available to him for his inspection in accordance with the Notice to Bidders. (Seal if Bidder is a Corporation) R ALVE MSlanature tAU-/MM S (Printed or Typed Name) Co5r npany F. �/� 0 • &X 390 7 Address Gi City, 7X county l9vS"Z Q S� de �.�ir /7 f Telephone: - ,� Fax: City of Lubbock P.O. Box 2000 Lubbock, Texas 7S457 606-767-2167 ADDENDUM #3 iTB #97174 Lake Alan Henry Paved Parking Expansion MAILED TO VENDOR: OLD CLOSE DATE: July 18, 1997 ITB 097174, Addendum #3 Office of Purchasing July 24, 1997 @ 2:00 p.m. NEW CLOSE DATE: July 30, 1997 @ 4:00 p.m. 7 �. The following items take precedence over specifications for the above named Invitation to Bid (ITB). Where any Item called for in the ITB documents is supplemented here, the original requirements, not affected by this addendum, shall remain in effect. 1. General Instruction to Bidders, Item #5, Time and Order for Completion, please change the first paragraph to read as follows: "The construction covered by the contract documents shall be fully completed within 60 (SIXTY) working days from the date specified in the Notice to Proceed issued by the City of Lubbock to the successful bidder." 2. Specifications, Item #14.0, Construction Schedule, please change the first sentence to read as follows: "This project is expected to be completed In 60 working days from the date the Notice to Proceed is issued." 3. Please submit your bid on the enclosed revised Bid Submittal Form, noting the above mentioned 7, changes. 4. Specifications, Item #7.0, Embankment, please change the second paragraph to read as follows: T 'Construction shall be performed in accordance with the construction methods outlined in Article 132.2 of Item 132 "Embankment" of the TxDOT Standard Specifications. The "Density Control" method shall be used, with each layer to be compacted to 100% of ASTM D-698 (Standard Proctor). Compaction tests will be performed by the City of Lubbock Soils Laboratory personnel." 5. Specifications, Item #9.7, Sampling and Testing Hot Mix Asphaltic Concrete for Compaction, entire section shall be changed to read as follows: "Compacted pavement will be accepted for payment based on a minimum density of 92.5%. 1 Four cores will be taken from the pavement placed from each lot of HMAC. The field density will be determined from these cores in accordance with ASTM D-2726. Pavement not meeting the 92.5% minimum shall be replaced at not cost to the owner." 97174ad3.doc 7 ITB #97174, Addendum #3 7 6. Plans, page 2 of 2, the detailed note in the lower left hand comer should read as follows: 06" FLEXIBLE BASE COMPACTED AT 100% (CALICHE)" `SUB -GRADE COMPACTED AT 95016" 7. Specification, Item 10.0, Concrete, replace the second paragraph with the following: "Concrete shall be Class 'A" as defined by City of Lubbock Street Maintenance Specifications. The Cement shall be an approved brand conforming to ASTM C-150. The Aggregate shall be washed and screened sand and washed and screened gravel conforming with ASTM C-33. The water shall be dean, free of oils, acids or organic matter. The mix design shall be a minimum 5 sacks of cement per cubic yard, a maximum of 6.5 gallons of water per sack of cement and have a maximum slump of 4 inches. The concrete shall have a 28 day compressive strength of 3000 pounds. Reinforcement shall be 6 by 6 by 10 gauge wire mesh conforming to ASTM A-185." 8. The Type 1 and 2 traffic control islands detailed at the bottom of page 2 of 2, of the plans are not concrete islands. These will be constivcted with 4 inch painted striping on the new pavement. The traffic control island at station 3+50 on the West end of the parking area Wit be built with 6 inch concrete curbing painted with yellow water base paint. This curbing Wit be placed on the new paved surface and doweled a minimum of 3 evenly spaced locations with #6 rebar. The dowel rod should penetrate the paved surface a minimum of 1 foot. 9. The contractor is responsible for finding an adequate source of water. Water Is available from the conservation pool of Lake Alan Henry. Hauling water from the lake using the boat ramp will not be allowed. Pumping water from the lake to the top of the ramp Wit be allowed. The contractor will need to make arrangements for the pumping equipment to be installed so as not to affect the public assess or safety. 10. The Close date has changed From: July 24, 1997 @ 2:00 p.m. To: July 30, 1997 @ 4:00 p.m. All requests for additional information or clarification must be submitted in writing and directed to: Questions may be faxed to: or Email to: Laura Ritchie, Buyer City of Lubbock P.O. Box 2000 Lubbock, Texas 79457 (806)767 2164 LRitchie@mail.d.lubbock.tx.us THANK YOU, atct:; �� Laura Ritchie Buyer PLEASE RETURN ONE COPY OF THIS ADDENDUM WITH YOUR BID 97174 0.doc Fidelity and Guaranty Insurance Underwriters, Inc. Baltimore, Maryland A Stock Company Bid Bond Bond Number ........................ Know All Men By These Presents: That ..Williams..& . P:etexs. Construct;.on. CoMRany., . Inc ............................... 7................................................ of P,..0,..$o� .39.R7 ...lrubbQck,, Texas 79452.. . ........................................................ as Principal, and the other undersigned, as Surety, are !r held and firmly bound unto Gets. of . . Texas ................................................... . ...................................................................................................... as Obligee, in the full andjust sum of .5z.,of Amount, Bid ,,,,,,,,,,,,,,,,,,, .......................................................................................... Dollars, lawful money of the United States, for the payment of which sum, well and truly to be made, we bind ourselves, our heirs, T executors, administrators, successors, and assigns, jointly and severally, firmly by these presents. Whereas, the said Principal is herewith submitting its pro�os I f�97174 . Lake Alan Henry Paved Parking Expansion, B The Condition Of This Obligation is such that if the aforsaid Principal shall be awarded the contract the said Principal will, within the time required, enter into a formal contract and give a good and sufficient bond to secure the performance of the terms and conditions of the contract, then this obligation to be void; otherwise the Principal and Surety will pay unto the Obligee the difference in money between the amount of the bid of the said Principal and the amount for which the Obligee legally contracts with another party to perform the work if the latter amount be in excess of the former, but in no event I7 shall liability hereunder exceed the penal sum hereof. Signed, sealed and delivered July. . ? 4 t 7.... IOate) .................................. I.......... (Seal) 6A.IS1,5-1 771oA).C'O, �T11. .................. I ......................... Iseal) Fidelity and Guaranty Insurance Underwriters, Inc. . laW' Corporation)& i.Gr'rN (,uILLfR1n5� �-QEIN • �-+ ............... ................... boIris—is D'avis.................................. Anomey-in-fact T 7 Contract 500 (8-94) 47863 'i• __ _. - Fidelity and GuamnW Insurance Underwriters, Inc. c F1+G Power of Attorney "' Na 334 Know eu men by these presorts: That Fr *ft atl GasmoV lasaraw uedwwrften. boo.. a capornm wpannd rid axbtirq under the hws of to Seta of VYxsconsit and Wvnp ins principal office at the City of bbnoro, tithe Stata of Maylar4 does hereby tonuan and appoint Tim Sampson, Linda Attaway, Alan Henry and_Doris Davis d the city of Lubbock ,Stated Texas . its true and Iawfd AaorrheylsWact each in their mparau capacity l more than one is named abom to sign its ttame as surety to. and to exaaas. Seal and admowledgo arty and all bonds, uderzal ings, t orm as and dw wrkm instnmerrts In the name thereof an behal d the CanpuN a as bhainats d aarar okq the fi Wkv of pw== guuarMim the performance of tarhaacrx and 4x=eing or puarantssing bonds and w4wukhps raGrired or permitted in any anions or proceeding allowed by law. In Wm= Whereof. f. the said Fideft ad Gttarasty brass m U001MM ■a Isi.Ihas corned" instrument to be scaled whh its corporate seat. duty attested bytwsigrew ofbircepmidatowAssis=seuawytthit-lst dayof October AD. Is 94 . tadeliq cad Gturuty Uod� vitae. bo. ISWddBY ... .................................. Frosidera BY....... ................... Blare of MaytMW 1 ee ry on" lst dayd_ October 9 beforomaz _Huss,YicsPresidentofFid fiiyaadeaaratq Its.rasw uadthrwritees. bee. and Tkmhes J. Fiagerald. d safd edefiomlamft*cqwirUcL%ftbeirVbVmos9wW duty ba sworn. sai,thatthou, the saidJahn A. Hm andThornsa J. wan Pratidera and theea+the said Frdw4 ad rasmaq bsarasm Usdnvrritoe. be —to aorparatiah rd which � ing Power of�� oath brew the seal of said corporation: that the seal affaedto said Power of Attorney area seat that t was order of the So LargirscUn of old corporation, and that they signed ttwi rsmhm thereto by Re artier as Yu President andnmiomSecretary, the Company. 1� (uFt,Coiuepnxstho llth &Yi ch �9 ... .. �%. lburyPhbtic This Tower d Anwol is grarted under and by tthe following flawk siotm adopted bythe Board of the 0irectors of FWdity ad Grarasty bsarasee Uaderwrieee. bc. an September 24.199Z: .. ��h, , -,�r'' .'_ sss+elvd, that it t w ctim with the fkWky and wrety itt rx= bwimn d the Company. al bonds, mWukbW. txraracts and other rrtsutrnerts ro lacing to said b iran may be signed. executed and ackrrowiedged by Penorm ar ataitim appointed as Attortt A4-in4M F=Art to a Power of Anttmey issued in atxtxdams with these rasohaiorm. Said Powa*) of Attorray forond on behal of the Company aWand sthall be exerted n the mma and an behal of the Canpany, either by the Chairman, m the Presiders. rr an 6teaaive Ycs Presi oM a a Senior Yce President. are We Plrasidera or an Assistant Yes President, jok* wilt the Secretary or an Assistant Seaetary. utderthei respective desp►atiorss. The *Faun of such dficas may be arpraved, whad or Ytto pOwd The signatus of each d the foregoing dreen and me seal of ttw Cotnparri may be affixed by facsimile to any Power of Anomsy or to any artifinte elating troteto aWoirting Anomevis}ir•Fad for proposes a* d executing in and attesting bonds and w4ortabrigs rod artier wrbinps abfiptory in the same tared. an4 unless subsegiswtty revoked art subject to any Nmttatioat set forth twain, arty such Power of Attorney or w tifiaas baring such facsimile somatan or facsimile out shall be valid end bindatg Ww the canporry and any etch power so exeuu ted and cartdied by such facsinule signature and fecsinule seal shall be valid and bidng Span the Compargr wfth respect to any bond or nionskmg to which It is validly attached IReseka4l. That AttomwyisNnfact shall have the powerand authority. rnleu a bsoquaraly revoked and in any rase, suabjectto the term and Iinaatiorss of the Power d Attomay band to them, to execute and deliver on behal of the Company and to attach the seat of the Cw p ny to any and oft binds and udertakirW. and other wrkirW obligatory in tte muse t ored, and any such hu mad ex uM d by such Attariey(sN"M shall be as birdiig upon t o Cornparry as if signed by an Executive officer tad sea led and attested 10 by the Secretary of the Camparry Tha t nes J. FeWrald. an Anistan Secretary of the Fidafdy Shod Guaranty his,m e:s UadwwdWn, be.. do hereby earthy that tie foregong are true trxcerI from the Resolisiorn of the said Cwgmy as adapted by its Board d Chaors an September 24.1992 and that two ResolWorm are in full force and onem t the ur Wa grted Auistars Secretary of Ile F oft and Guranty bsaramm underwriters, be. do hereby tartly that the foregoing Power of Attomey is in fulf irate and offer and has Trot been revoked • ;; It 11 y,, r In Tastim ontr Whereof. I haw haeraa� ( fhand art the all Fd and 8uaraaty uedarwdlers.1m on this 24 th did July 1k,9Yt.. t�,1�e �h t' i = 's . Assistant Sault" LIST OF SUBCONTRACTORS Minority Owned Yes No �. 0 ❑ 2. ❑ 0 s. ❑ 0 4. ❑ ❑ 5. ❑ ❑ 6. 0 ❑ 7. ❑ ❑ 8. ❑ 0 9. ❑ 0 10. ❑ 0 PAYMENT BOND t7 7 7 7 7 7 B014D CHECK BEST RATING, LICE MD(A! DATBY 0 i- STATUTORY PAYMENT BOND PURSUANT TO SECTION 2253.021(a) OF THE TEXAS GOVERNMENT CODE •- (CONTRACTS MORE THAN $25,000) lit 1 r "�r"6 Afro PErt'es coww"-r ') 7 KNOW ALL MEN BY THESE PRESENTS, that orn~V Xnrc- , (hereinafter called the Principal(s), as Principal(s), and 7 9i Dt: LrTY %�ND l }K�}i2ANTY �SuyeA.NLI� LYn/D��1a�IQtTEl2S� .�s✓�e (hereinafter called the SuretYY(s), Ntr y rePe,NA;V n kp nd unto the City of Lubbock (hereinafter called the Obligee), in the amount of Tw Aix I+uNpA6 Ash m /ioo---- Dollars ($aat 6ce,op) lawful money of the ;r United States for the payment whereof, the said Principal and Surety bind themselves, and their heirs, administrators, JJ executors, successors and assigns, Jointly and severally, firmly by these presents. Ltkc '{,WHEREAS, the Principal has entered into a certaip written contract %vy}n1th the Obli ee, dat he /4 f ay of _q!L� I— 195 r L, to ► o 71.7 'AN /fiE�wzY !-)✓ED / K/�� ��t�-nf 5t onl 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 7 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 l Article to the same extent as if it were copied at length herein. T^�N WITNE$,S WHEREOF, the said Principal (s) and Surety (s) have signed and sealed this instrument this oc 'n day of KOLC--atcS 19 r1 . F100-ITY AND U-PW 9NTV T1-V 6U An7GE- UWulw f pErFe5 Colo ttajo0 TSurety Principal Co, =W( TI 'By: By:� (Title)'bcP15DAVIS �rro/�JEy-T.�,-�A�r (Title) TV-ESIDENT By: (Title) By. (Title) - it Thenders�nNcr represents that it is duly qualified to do business in Texas, and hereby designates c, n gent 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. Ftp, ci_ -rt AA,D 4a 4,v4xW_ZNSuRAW4E I.Irtlbt=QWK1 1 Surety w By. (Title) bAvtr V *XV-:� P— FAcr ., Approved as to form: City bock 1J Y� i ttomey 7' 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. 0 ,7 PERFORMANCE BOND BOND CHECK im RATING-4�-- LICEN NTEXAS w BY 7 STATUTORY PERFORMANCE BOND PURSUANT TO SECTION 2253.021(a) OF THE TEXAS GOVERNMENT CODE (CONTRACTS MORE THAN $100,000) &A 1/1s+ms A✓n Arees 0A4v;rAUzV0'0J KNOW ALL MEN BY THESE PRESENTS, that .7ve4hereinafter called the Principal(s), as Principal(s), and iiDtu ry Ai✓o GuAmjurY (hereinafter called the SureO, ere _�n im�l rMund unto the City�f Lubbock (hereinafter called the Obligee), in the amount of Dollars 6C .04 lawful money of the United States for the payment whereof, the said Principal nd Surety bind themselves, and their heirs, administrators, ,�. executors, successors and assigns, jointly and severally, firmly by these presents. nn -W-HEREAS, the Principal has entered into a certain ritten contracA with the bliQgee, f�a�ted thef day of F CzuS f , 19 to ,r3iy 97/?r L&KF AL" &Elvl Y f�Y✓E� K/�4 and said principal under the law is required before commencing the work provided for in said contract to execute a bond in the amount of said contract which contract is hereby referred to and made a part hereof as fully and to the same extent as if copied at length herein. NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the said Principal shall faithfully perform the work in accordance with the plans, specifications and contract documents, then this obligation shall be void; otherwise to remain in full force and effect. PROVIDED, HOWEVER, that this bond is executed pursuant to the provisions of Section 2253.021(a) of the Texas Government Code, and all liabilities on this bond shall be determined in accordance with the provisions of said article to the same extent as if it were copied at length herein. IN WITNESS WHEREOF, the said Principal (s) and Surety (s) have signed and sealed this instrument this o Wk day of At&zu, 19. s . wiwmn PETEes CoNsreurnoo ct Surety Principal x y. Lu�� By: (Title)bo ers p4ws (Title) �RE's l'NT By: (Title) By: (Title) I 11 The unde i ne� s ���,,��Dn represents that it is dulyqualified to do business in Texas, and hereby designates �i resident�n`t`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. T �bEU4N TY 4Nb 6UAP 1-Y_TZt f e-- (pN�EQu�R-lTEQ4{ � Surety Approved as to Form City bbock 41 By: C' Attomey (Titlejpoac3;� sivcs� zrvR�Y=�-�� 1, ` Note: If signed by an officer of the Surety Company, there must be on file a certified extract from the by-laws showing that this person has authority to sign such obligation. If signed by an Attorney In Fact, we must have copy of power of attorney for our files. I 7 'T 47868 Fidelity and Guaranty Insurance Underwriters, Ins tp U S F+G� Power of Attomey No. 334 Know all men by these presents: That Fidenty sad Guaranty Fasarasca Underwriters. bit- a corporation orgariml and existing older the laws of the State of Wr=min and having its principal office at the City of Baftirrm. in the State of Maryland, does hereby constiMe and appoint Tina Sampson, Linda Attaway, Alan'Henry,and Doris Davis of the City d Lubbock 'Stated Texas , its true and lawful Attorneylsl i -Fact each in their separate capacity 9 rtnore than am is named above. to sign its name ss surety to, and to e> CM. seal and acknowledge arty and all bonds, undertakings, contracts and other written insmmtienu in the natte thereof on behaff d the Company in its business d QuarantaskV the fidelity+ of persona guaranteeing the performance of contracts: and executing er guarartteeig bonds and ' ': rMertakirgs required ar Permitted �iatuy actions er proceedings allowed by:laiw. In Vlritnass Maned. to said Fiideli y slid Gwrsatr bufaees Underwrit m bc. has at the irstrumertt to be sealed with its corporate seal. duty attssted bythesignawasdits Via►FtesderrteiwAssistantseaetary.ft tat `dbyof October A.D. is 94 . Fidelity and ftrauaaty Und ritoa. br 1 (Sig By ... ..................... ............ rut 1 (Signedl By ....... .................... ecr Stets of Maryland I Ralthoore Cit r 1 Onihis 1st day of October . A.O. 9 , before ms per.John A. Huss, Wks President of Fidel'dy and Cams# baanaee Usdervrdtsm loe. and n mm J. F'rtgerald, Au' ry of said d wham I am acgraimad. who being by me semaily duty sworn, said, that they, the said Jahn A. Htas and Thomas J were respectiv G President and the secretary of the said FWall# and G uarantr I omsece usdsrwtitim lee. the oo wration a which a ng Power of Att they each know the seal d said corporation: that the ssat affixedto said Powerof Attorney w;ras seal that x was order d the vectors d said corporation, and that they signed their names thereto by as order as Vinie Prasroient and As's a�S,03V ry. 'the Company. � ` . Commissionaiopassthe 11th day in ch �1 0 . '.....�......... Notary Public This Power of Attoerm is granted under and by s tutu , the following Resolutions adopted by the Board d Directors of the Fidelity and Guaranty laturaece iUnderwruere. ilea. an September 2b' 19M r� llessMed. *M incorenet m with the fidelity and surety insurance business of the Company. all bands. wdert*Jngs, cwtracts and other instruments relating to said business maybe signed pp executed and acknowledged by persons or entities appointed as Auomey(sHn-Fsct pursuant to a Power of Attorney issued in accordance with . tese resokutiont..tajd power(s) of Attomeyforand on behalf d to Company may and shall be executed in the name and on behalf of the Company, either by the Chairman, or the President or an b'-! Win Vice Prss'der4 or a Senior lice President or a Yres President or an Assistant Vita President, jointly with the Secretary or an Assistant Secretary, .Wer their respective dssi�satiorss. The iigroturs of such officers may be srupraved, printed or lithographed. The signature of each of the foregoing officers and the seal of the Campo W may be affixed by facsiaiM to any Power of Attorney erto airy eertifiats relating thereto appointing Attomey(s)4nFact fox purposes only of execrtig in and snas*q bonds and undertakirgs and otharwridnas obiigotory lb! the nature thereof.'and. unless subsegwenty revoked and subject to any limitations set forth therein, any such Paver of jlitomey or certificate bearing such faaimik siQnaGrs or facsimile seal shag be valid and binding upon the Company and any such power so sucuted and certified by such facsimile signore erred facskMe seal idiaR be valid and binding upon the Coarparw with respect to any bond or undertaking to which it is validly attached i Ressbad, hat Attorney(iHn-Fect shag have the power and authority. unless subsequently revoked and, an any ass, abject to the terms and limitations of the Power of Attorney issuied to them, to s6cuts and deliver on behalf of the Company and to attach the sea I of the Company to any and all bonds and undertakings, and carer writigs obligatory,in the nature ftmot and snr such instrument execded by such AttorniMst-in-Facc than be as binding upon the Company as ff signed by an Examnive Officer and sosabd and masted io bV the Serxofary of the Con> npany. l Thomas J Fingmrakl, an Assistant Secretuy of the FWAity sad Guaranty lasurasee Underwriters, doe„ do hereby certify that the foregoing are true excerpts from the Resolutions of the said Company ss kdomadliy its Board d Directors on September24,1992 and that these Resolutions are n hdl force and effect Lift urnderspnd Assisraix Secretary of dart Fdei'rty and Cosraoty lasarasu Underwritere, br:, do hereby certify that the f force and affect and his'not boon revoked oxegarg Power d Attorney is it fun M Testimony W%nof, i have hawk* sat my luiid errd lfie sea FW^ and Garrity Underwriters, ioa on this 2 2 nd dw ot'Augus t �s. i �' ttICORPOp1lTr "'.:. •�'. .......................... i Assistant Secretary tiVY 1 FS 61094l I 7 CERTIFICATE OF INSURANCE 7, 7 r 1 AUG-146-97 TUE 1:09 PId ALAN HENRY INSURANCE FAX NO. 1+806+79762'5 CERTIFICATE OF INSURANCE P. 1 TO: CITY OF LUBBOCK "REVISED" DATE: August �2 . 1997 P.O. BOX 2000 LUBBOCK, TX 79457 TYPE OF PROJECT: 1 ke Alvan Henry pav d Parking Williams & Peters Construction Co., InEvpansion THIS IS TO CERTIFY THAT_P. 0. Box 39d7. Lubbock Tprsrq 794i2 (Name and Address of Insured) Is, at the date of this certificate, Insured by this Comparry with respect to the business operations hereinafter described, for the typed of Insurance and In accordance with the provisions Gf the standard policies used by this company, the farther hereinafter described. Exceptions to standard policy noted hereon. TYPE OF INSURANCE City Waver POLICY NUMBER F.FFEC NE EFFECTIVE LlurTS DATE DATE It CWff" WGeneralUabliy DDT660374P98 6-6-97 6-6-98 G�@lpe i 2,000,000 0 Ctalms Made TLC97 Prod -Cc p /EGG i QY � X OauR� $ Owners & Contactors Prctectiw #TBD B-14-9 7 8-14-98 Pereonal B Adv. k1i�Y S 1 Each Ocmm rtca i 1, #VVV D Fire Dart'tape (Any oar Fire, 3 Mod Exp (Ary one Ptrson) i AUTOMOTIVE LMUTY Z Any ALb DOCAP805P300 6-6-97 6-6-98 CombinedSlagleUnit S 1,900,000 ❑ All owned Autos 97 Bodlly Wury (Per Peron) $ Scheduled Irony (Par Accldeft) S. 1❑ HW PAY Qfle i D Non -Owned Autos 0 GARAGE UAt31LITY C Any Auta Auto Only - Each Aectderd s C Other than Auto Gnty. P.aeh AcoCdent s Aggregate S 0 81JILOERT RISK a 100% of the Total ecr t ed Price i a RVSTAU.ATION FLOATER y EXCESS LIABILITY D Umbrella Form DMUP951K53 6-6-97 6-6-98 Each Ocrurrerwe s 5,000,000 Form TCT97 A09 ' $ 5. oho _gnn 0 olixr Than umbre�a KVRKERSCOMPFNSA7I0NAND EW4.0YER.T LVZLr r wC962320 9-I-96 9-1-97 7heP"torl X tncfuded WC973586 9-1-97 9-1-98 st�utwyurrths Partr*nLT.xecL&e ❑ Excluded EachAcaderrt i500 000 Offkmrs are: Disease Policy tlmt i oiaoa Edeh Emptoyce i .5-00-000 OTHER of Lubbock av Addit oval Insured If respects 3eneral anc Automobile Liability, of Subrogation in favor of City Lubbock kpplier. to i.11 policies. 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 J or cancellation, Or in case there is no legal requirement. In less than five days In advance of cancellation. Workers Comp - Colonial Casualty Ins. Co. FIVE COPIES OF THE CERTIFICATE OF INSURANCE All other The TrAvi-lerA - x(Name o nsurer MUST BE SENT TO THE CITY OF LUBBOCK By: Title: Alan lien v Insurance Owner 08-26-97 13:08 RECEIVED FROM:1+806+7976235 P 01 CERTIFICATE OF INSURANCE TO: CITY OF LUBBOCK DATE: -August 22 . 1997 P.O. BOX 2000 LUBBOCK, TX 79457 TYPE OF PROJECT: Lake Alan Henry Paved Parking Williams & Peters Construction Co., InExpansion THIS IS TO CERTIFY THAT P. 0. Box 3907. Lubbock. Texas 79452 (Name and Address of Insured) is, at the date of this certificate,1AUred 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 OMITS DATE DATE `GENERAL LIABILITY 47 Commercial General Liability DDT660374P98 6-6-97 6-6-98 General Aggregate; 2,000,000 0 Claims Made TLC97 Products-Comp/Op AGG $" , p��0.000 X) Occurrence .b Owner's a Contractors Protective #TBD 8-14-9 7 8-14-98 Personal a Adv. In, $ 1. U U U Each Occurrence i 1, , 0 Fire Damage (Any one Fire) S Med Exp (Any one Pennon) $ AUTOMOTIVE LIABILITY $ Any Auto DOCAP805P300 6-6-97 6-6-98 Combined SingleUmitS 1,000,000 0 All Owned Autos 97 Bodily Injury (Per Person) S 0 Scheduled Autos Bodily Injury (Per Accident) S In Hired Autos Property Damage S In Non -Owned Autos 0 GARAGE UABILITY 0 Any Auto Auto Only - Each Accident S 0 Other than Auto Only: Each Accident S Aggregate 3 0 BUILDERS RISK 0 100% of the Total Contract Price S 0 INSTALLATION FLOATER S EXCESS UABIUTY "1) Umbrella Form DSMCUP951K53 6-6-97 6-6-98 Each Occurrence S 5,000,000 TCT97 Aggregate 3 5,000,000 0 Other Than Umbrella Form WORKERS COMPENSATIONAND EMPLOYERS'UABIUTY WC962320 971-96 9-1-97 The Proprietor/ a Included WC973586 9-1-97 9-1-98 StatutoryUmits Partners/Execudw 0 Excluded Each Accident a 50,0, , 0,.000� Officers are: Disease Poky Urnit SOU Uuu Disease -Each Employee ;500,000 OTHER City of Lubbock as Additional Insured a3 respects General anc Automobile Liability. jT 4; The above policies either in the bodythereof or by appropriate endorsement provide that they may not be changed or tcanceled 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 rive days In advance of cancellation. Workers Comp - Colonial Casualty Ins. Co. FIVE COPIES OF THE CERTIFICATE OF INSURANCE All Other '7 MUST BE SENT TO THE CITY OF LUBBOCK (Name o n urer s _ By: Title: Alan Henry Insurance —Owner .T 1 CERTIFICATE OF INSURANCE TO: CITY OF LUBBOCK DATE: P.O. BOX 2000 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. tl , kl ; TYPE OF INSURANCE POLICY NUMBER EFFECTIVE EFFECTIVE LIMITS DATE DATE GENERAL LIABILITY ❑ Commercial General Uabiiity General Aggregate S 0 Claims Made Products-Comp/Op AGG S 0 Occurrence Personal & Adv. Injury $ 0 Owner's & Contractors Protective Each Occurrence $ 0 Fire Damage (Any one Fire) Med Exp (Any one Person) S AUTOMOTIVE LIABILITY 0 Any Auto Combined Single Um(t $ 0 All Owned Autos Bodily Injury (Per Person) S 0 Scheduled Autos Bodily Injury (Per Accident) $ 0 Hired Autos Property Damage $ 0 Non -Owned Autos GARAGE UABIUTY 0 Any Auto Auto Only - Each Accident 3 0 Other than Auto Only: Each Accident $ Aggregate $ ❑ BUILDERS RISK 0 100% of the Total Contract Price $ 0 INSTALLATION FLOATER $ EXCESS UABILITY 0 Umbrella Form Each Occurrence $ Aggregate $ 0 Other Than Umbrella Form $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY The Proprietor/ 0 Included Statutory Limits PartnerslExecuUve 0 Excluded Each Accident $ Officers DiseaDisease Each Employee S 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 MUST BE SENT TO THE CITY OF LUBBOCK (Name of insurer) By: Title: CITY OF LUBBOCK INSURANCE REQUIREMENT AFFIDAVIT 1 To Be Completed by Appropriate Insurance Agent/Broker Prior to Award of Contract I, the undersigned Agent/Broker, certify that the insurance requirements contained in this bid document have been reviewed by me with the below identified Contractor. If the below identified Contractor is awarded this contract by the City of Lubbock, I will be able to, within ten (10) days after being notified of such award by contractor, furnish a valid insurance certificate to the City meeting all of the requirements defined in this bid/proposal. I FAgent (Signature) I F 7 Name of Agent/Broker: Address of Agent/Broker: City/State/Zip: Agent/Broker Telephone Number. Date: Agent (Print) CONTRACTOR'S NAME: (Print or Type ) CONTRACTOR'S ADDRESS: NOTE TO AGENT/BROKER If this time requirement is not met, the City has the right to reject this bid/proposal and award the contract to another contractor. If you have any questions concerning these requirements, please contact the Purchasing Manager for the City of Lubbock at (806)767-2165. BID 997174 - LAKE ALAN HENRY PAVED PARKING EXPANSION F CONTRACTOR CHECKLIST A CONTRACTOR SHALL: 1 provide coverage for its employees rovidin services on a project, for the duration of the project based () P 9providing P 1 P 1 on proper reporting of classification codes and payroll amounts and filling of any coverage agreements; V(2) provide a certificate of coverage showing workers' compensation coverage to the governmental entity prior to beginning work on the project; _xz_ (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 contractors current certificate of coverage ends during the duration of the project; (4) obtain from each person providing services on a project, and provide to the governmental entity: (A) a certificate of coverage, prior to that person beginning work on the project, so the governmental entity will have on file certificates of coverage showing coverage for all persons providing services on the project; and (B) no later than seven days after receipt by the contractor, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project; ✓ (5) retain all required certificates of coverage on file for the duration of the project and for one year thereafter, (6) notify the governmental entity in writing by certified mail or personal delivery, within ten (10) days after the contractor knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project; (7) post a notice on each project site informing all persons providing services on the project that they are required to be covered, and stating how a person may verify current coverage and report failure to provide coverage. This notice does not satisfy other posting requirements imposed by the Act or other commission rules. This notice must be printed in at least 19 point normal type, and shall be in both English and Spanish and any other language common to the worker population. The text for the notices shall be the following text provided by the commission on the sample notice, without any additional words or changes: 7 F REQUIRED WORKERS' COMPENSATION COVERAGE .► "The law requires that each person working on this site or providing services related to this construction project must (see reverse) be covered by workers' compensation insurance. This includes persons providing, hauling, or delivering equipment and materials, or providing labor or transportation or other service related to the project, regardless of the Identity of their employer or status as an employee." "Call the Texas Workers' Compensation Commission at (512)440- 3789 to receive information on the legal requirement for coverage, to verify whether your employer has provided the required coverage, or to report an employers failure to provide coverage." and (8) contractually require each person with whom it contracts to provide services on a project, to: (A) provide coverage based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements for all of its employees providing services on the project, for the duration of the project; (B) provide a certificate of coverage to the contractor prior to that person beginning work on the project; (C) include in all contracts to provide services on the project the language in subsection (e) (3) of this rule; (D) provide the contractor, prior to the end of the coverage period, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (E) obtain from each other person with whom it contracts, and provide to the contractor. (i} a certificate of coverage, prior to the other person beginning work on the project; and (ii) prior to the end of the coverage period, a new certificate of coverage showing extension of the coverage period, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (F) retain all required certificates of coverage on file for the duration of the project and for one year thereafter, (G) notify the governmental entity in writing by certified mail or personal delivery, within (ten) 10 days after the person knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project; and (H) contractually require each other person with whom it contracts, to perform as required by paragraphs (A) - (H), with the certificate of coverage to be provided to the person for whom they are providing services.0 L -_ F CONTRACT STATE OF TEXAS COUNTY OF LUBBOCK THIS CONTRACT, made and entered Into this 14th day of August,1997. by and between the City of Lubbock, County of Lubbock, State of Texas, acting by and through Windy Sitton, Mayor, thereunto authorized to do so, hereinafter referred to as OWNER, and WILLIAMS X PETERS CONSTRUCTION CO.. INC., of the City of Lubbock. County of Lubbock, and the State of Texas, hereinafter termed CONTRACTOR. WITNESSETH: That for and In consideration of the payments and Contracts 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 r' described as follows: BID #97174 - LAKE ALAN HENRY PAVED PARKING EXPANSION - $229,600.00 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 the Contract. The CONTRACTOR hereby agrees to commence work within ten days after the date written notice to do so shall have r" 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 r.. with the bid submitted therefore, subject to additions and deductions, as provided in the contract documents and to make payment on account thereof as provided therein. 7 7 A ST: Secre ry APPROVED AS O C NT NT. Owner's Representativ IN WITNESS WHEREOF, the parties to these presents have executed this Contract In Lubbock, Lubbock County, Texas In the year and day first above written. C Cl LUBB K, O } MAYOR CONTRACTOR: WILLIAMS & PETERS CONSTRUCTION CO., INC. PRINTED NAME: XA N ICJ I LL1 A M-5 ATTEST: COMPLETE ADDRESS: Corporate Secretary Williams & Peters Construction Co., Inc. PO Box 3907 Lubbock, TX 79452 7 GENERAL CONDITIONS OF THE CONTRACT GENERAL CONDITIONS OF THE CONTRACT F1. OWNER Whenever the word Owner, or the expression Party of the First Part, 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 the expression Party of the Second Part, or Second Party, is used, it shall be understood to mean the person, persons, co -partnership or corporation, to wit WILLIAMS & PETERS CONSTRUCTION CO.. INC. who has agreed to perform the work embraced In this contract, or to his or their legal representative. r 3. OWNER'S REPRESENTATIVE l( Whenever the word Owner's Representative or representative Is used In this contract, It shall be understood as referring to, City of Lubbock, under whose supervision these contract documents, including plans and specifications, were prepared, and MIKE MURPHY, CHIEF ENGINEER, who will Inspect constructions; or to such other representative, supervisor, or Inspector as may be authorized by said Owner to act In any particular under this Contract. Engineers, supervisor 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 Bidders, General Instructions to Bidders, Bid, Signed Contract, Statutory Bonds Of required), General Conditions of the Contract, Special Conditions of the Contract (if any), Specifications, Plans, Insurance Certificate, and all other documents made available to Bidder for his Inspection In accordance with the Notice to Bidders. 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. i' 6. SUBCONTRACTOR The term Subcontractor, as employed herein, includes only those having a direct contract with the Contractor for r- 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. 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 him who gives the notice. r I S. WORK Unless otherwise stipulated, the Contractor shall provide and pay for all materials, supplies, machinery, equipment, tools, superintendence, labor, Insurance, and all water, light, power, fuel, transportation and all other facilities necessary for the execution and completion of the work covered by the contract documents. Unless otherwise specified, all materials shall be new and both workmanship and materials shall be of a good quality. The Contractor shall, if required, furnish satisfactory evidence as to the kind and quality of materials. Materials or work described in words which so applied have well known, technical or trade meaning shall be held to refer such recognized standards. All work shall be done and all materials furnished in strict conformity with the contract documents. 9. SUBSTANTIALLY COMPLETED The term "Substantially Completed" Is meant that the structure or project contemplated by the contract documents has been made suitable for use or occupancy or the facility is in a condition to serve its Intended purpose, but still may require minor miscellaneous work and adjustment. 10. LAYOUT Except as specifically provided herein, the Contractor shall be responsible for laying out all work and shall accomplish this work In a manner acceptable to the Owner's Representative. The Owner's Representative 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. 11. KEEPING OF PLANS AND SPECIFICATIONS ACCESSIBLE The Contractor shall be furnished with two copies of all Plans, Profiles and Specifications without expense to him and he shall keep one copy of same consistently accessible on the job site. 12. RIGHT OF ENTRY The Owner's Representative may make periodic visits to the site to observe the progress of quality of the executed work and to determine, in general, if the work is proceeding in accordance with the contract documents. He will not be required to make exhaustive or continuous onsite Inspections to check the quality or quantity of the work, nor will he be responsible for the construction means, methods, techniques, sequences or procedures, or the safety precautions incident thereto. His efforts will be directed towards providing assurances for the Owner that the completed project will conform to the requirements of the contract documents, but he will not be —. responsible for the Contractor's failure to perform the work In accordance with the Contract Documents. On the basis of his onsite observations, he will keep the Owner informed of the progress of the work and will endeavor to guard the Owner against defects and deficiencies in the work of the Contractor. 13. LINES AND GRADES All lines and grades shall be furnished by the Owner's Representative whenever 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 his 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 him, his Subcontractors, or his employees, such stakes, marks, etc., shall be replaced by the Owner's Representative at Contractor's expense. 14. OWNER'S REPRESENTATIVE'S AUTHORITY AND DUTY Unless otherwise specified, it is mutually agreed between the parties to this Contract that the Owner's Representative shall review all work included herein. He has the authority to stop the work whenever such stoppage may be necessary to insure the proper execution of the contract. In order to permit delays and disputes and to discourage litigation, it is further agreed that 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 this contract. He 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 Owner's Representatives' estimates and findings shall be conditions precedent to the right to any action on the contract, and to any rights of the Contractor to receive any money under this contract. The Owner's Representative shall, within a reasonable time, render and deliver to both the Owner and the Contractor a written decision on all claims of the parties hereto and on all questions which may arise relative to the execution of the work or the interpretation of the contract, specifications and plans. t` 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 Contract, 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 r- 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 Contract 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 six (6) days make written appeal to the Owner's Representative for his 9 decision. r 16. CONTRACTOR'S DUTY AND SUPERINTENDENCE { d s 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 his absence and all directions given to him shall be binding as if given to the Contractor. Adequate supervision by competent and reasonable representatives of the Contractor is essential to the proper performance of the work and lack of such supervision r 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 will not be responsible for the acts or omissions of the Contractor, or any subcontractors, or any of his agents or employees, or any other persons performing any of the work. f1- 17. CONTRACTOR'S UNDERSTANDING �.. It is understood and agreed that the Contractor has, by careful examination, satisfied himself 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 effect the work under this contract. No verbal Contract or conversation with any officer, agent, or employee of the Owner, either before or after the execution of this contract, shall effect or modify any of the terms or obligations herein contained. 18. CHARACTER OF WORKMEN The Contractor agrees to employ only orderly and competent men, 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 him in writing that any man or men on the work, are, in his opinion, incompetent, unfaithful, or disorderly, such man or men shall be discharged from the work and shall not again be employed on the work without the Owner's Representative's written consent. 19. CONSTRUCTION PLANT The Contractor shall provide all labor, tools, equipment, machinery and materials necessary in the prosecution and completion of this contract where it is not otherwise specifically provided that Owner shall furnish same, and _ It is also understood that Owner shall not be held responsible for the care, preservation, conservation, or protection of any materials, tools, equipment or machinery or any part of the work until it is finally completed and accepted. The building of structures for the housing of men or equipment will be permitted only at such places as the Owner's Representative shall direct, and the sanitary conditions of the grounds in or about such structure shall at all times be maintained in a manner satisfactory to the Owner's Representative. 20. ' SANITATION Necessary sanitary conveniences for the use of laborers on the work site, properly secluded from public observation, shall be constructed and maintained by the Contractor in such manner and at such points as shall be approved by the Owner's Representative and their use shall be strictly enforced. 21. OBSERVATION AND TESTING The Owner or Owner's Representative shall have the right at all reasonable 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 work is in preparation or progress. Contractor shall ascertain the scope of any observation which 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 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 Observer has previously accepted the work through oversight or otherwise. If any work should be covered without approval or consent of the Owner, it must, if requested by Owner or Owner's Representative, be uncovered for examination at Contractor's expense. In the event that any part of the work is being fabricated or manufactured at a location where it Is not convenient for Owner or Owner's Representative to make observations of such work or require testing of said work, then In such event Owner or Owner's Representative may require Contractor to furnish Owner or Owner's Representative certificates of inspection, testing or approval made by persons competent to perform such tasks at the location where that part of the work Is being manufactured or fabricated. All such tests will be In accordance with the methods prescribed by the American Society for Testing and Materials or such other applicable organization as may be required by law or the contract documents. — If any 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 bome by the Contractor unless otherwise provided herein. Any work which fails to meet the requirements of any such tests, inspections or approval, and any work which meets the requirements of any such tests or approval but does not meet the requirements of the contract documents shall be considered defective. Such defective work shall be corrected at the Contractor's expense. Neither observations by the Owner or Owners Representative, nor inspections, tests, or approvals made by Owner, Owner's Representative, or other persons authorized under this Contract to make such inspections, tests, or approvals shall relieve the Contractor from his obligation to perform the work in accordance with the requirements of the contract documents. ran 22.. DEFECTS AND THEIR REMEDIES It is further 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 Owners' Representative as unsuitable or not j in conformity with plans, specification and 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 this contract. It is further agreed that any remedial action contemplated as hereinabove set forth shall be at Contractors expense. 23. CHANGES AND ALTERATIONS l 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 any actual loss occasioned by such change, due to actual expenses incurred in preparation for the work as originally l" 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 Contractors bid, except as provided under Changes and Alterations herein. It is agreed that the Contractor shall perform all extra work under the direction of the Owner's Representative �. when presented with a written work order signed by the Owner's Representative; subject, however, to the right of the Contractor to require written confirmation of such extra work order by the Owner. It is also agreed that the compensation to be paid to the Contractor for performing said extra work shall be determined by the following methods: Method (A) - By agreed unit prices; or Method (B) - By agreed lump sum; or Method (C) - If neither Method (A) or Method (B) be agreed upon before the extra work is commenced, then the Contractor shall be paid the actual field cost of the work, plus fifteen (15%) percent. 7 In the event said extra work be performed and paid for under Method (C), 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, PI'S 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, i 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 him for his 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 he should receive compensation or an adjustment in the construction time, he shall 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). The Contractor will thereby preserve the right to submit the matter of payment to arbitration as herein below provided. 25. DISCREPANCIES AND OMISSIONS It is further agreed that it is the intent of this contract that all work described in the bid, the specifications, plans and other contract documents, is to be done for the prices quoted by the Contractor and that such price shall Include all appurtenances necessary to complete the work in accordance with the intent of these contract documents as interpreted by Owner's Representative. If the Contractor finds any discrepancies or omissions in these plans, specifications, or contract documents, he should notify the Owners' Representative and obtain a clarification before the bids are received, and if no such request is received by the Owner's Representative prior to the opening of bids, then it shall be considered that the Contractor fully understands the work to be included and has provided sufficient sums in his bid to complete the work in accordance with these plans and _ specifications. It is further understood that any request for clarification must be submitted no later than five days prior to the opening of bids. 26. RIGHT OF OWNER TO MODIFY METHODS AND EQUIPMENT If at any time the methods or equipment used by the Contractor are found to be inadequate to secure the quality of work with the rate of progress required under this contract, the Owner or Owner's Representative may order the Contractor in writing to increase their safety or improve their character and efficiency and the ,Contractor shall comply with such order. If, at any time, the working force of the Contractor is inadequate for securing the progress herein specified, the Contractor shall, if so ordered in writing, increase his 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 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 si 1. Construction" of Associated General Contractors of America, except where incompatible with federal, state or municipal laws or regulations. The Contractor, his sureties and Insurance carriers shall defend, indemnify and save harmless the Owner and all of its officers, agents and employees from all suits, actions, or claims of any F character whatsoever, brought for or on account of any injuries or damages received or sustained by any person or persons or property, on account of any negligent actor fault of the Contractor or any subcontractor, their �., agents or employees, in the execution and supervision of said contract, and the project which is the subject matter of this contract, on account of the failure of Contractor or any subcontractor to provide necessary barricades, warning lights, or signs and will be required to pay any judgment with costs which may be obtained against the Owner or any of its officers, agents, or employees including attorney's fees. The safety precautions taken shall be the sole responsibility of the Contractor, In his sole discretion as an Independent Contractor, Inclusion of this paragraph In the Contract, as well as any notice which may be given by f.. the Owners or the Owner's Representative concerning omissions under this paragraph as the work progresses, are intended as reminders to the Contractor of his duty and shall not be construed as any assumption of duty to supervise safety precautions by either the Contractor or any of his 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) 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 cant' 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 within ten days after being notified of such award. The Insurance certificates furnished shall name the City as an additional insured. A Worker's Compensation Coverage statement from the Contractor to the effect that no work on this particular project shall be subcontracted will be accepted as an alternative. It shall be the contractors responsibility to provide to the owner all proof of coverage insurance documents including workers compensation coverage for each subcontractor. A. Comprehensive General Liability Insurance 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: Premises and Operations Explosion & Collapse Hazard Underground Damage Hazard Products & Completed Operations Hazard Contractual Liability r.. Independent Contractors Coverage Personal Injury Advertising Injury B. Owner's Protective or Contingent Public Liability Insurance and Property Damage Liability Insurance. ~ For bodily injuries, including accidental death and or property damage, $1.000,000 Combined Single Limit. This policy shall be submitted prior to contract execution. C. Comprehensive Automobile Liability Insurance 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 nonowned cars including: Employers Nonownership Liability Hired and Nonowned Vehicles. The City is to be named as an additional insured on this policy for this specific job and copy of the endorsement doing so is to be attached to the Certificate of Insurance. D. Builders Risk Installation The Contractor shall obtain a Builder's Risk policy in the amount of 0.00% of the total contract price (100% of potential loss) naming the City of Lubbock as insured. E. Umbrella Liability Insurance The Contractor shall have Umbrella Liability Insurance in the amount of $0.00_ on all contracts with coverage to correspond with Comprehensive General Liability and Comprehensive Automobile Liability coverages. F. Worker's Compensation and Employers Liability Insurance Worker's Compensation Insurance covering all employees whether employed by the Contractor or any Subcontractor on the job with Employers Liability of at least $500.000. 1. Definitions: Certificate of coverage ("certificate') - A copy of a certificate of Insurance, a certificate of authority to self -insure issued by the commission, or a coverage agreement (fWCC-81, TWCC- 82, TWCC-83, or TWCC-84), showing statutory workers' compensation insurance coverage for the person's or entity's employees providing services on a project, for the duration of the project. Duration of the project - Includes the time from the beginning of the work on the project until the contractoes/person's work on the project has been completed and accepted by the governmental entity. Persons providing services on the project ("subcontractor" in 406.096) - includes all persons or r entities performing all or part of the services the contractor has undertaken to perform on the project, regardless of whether that person contracted directly with the contractor and regardless of whether that person has employees. This includes, without limitation, independent contractors, subcontractors, leasing companies, motor carriers, owner -operators, employees of any such entity, or employees of any entity which furnishes persons to provide services on the project. "Services" Include, without limitation, providing, hauling, or delivering equipment or _ materials, or providing labor, transportation, or other service related to a project. "Services" does not include activities unrelated to the project, such as food/beverage vendors, office supply deliveries, and delivery of portable toilets. 2. The contractor shall provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements, which meets the statutory requirements ram, r� a of Texas Labor Code, Section 401.011(44) for all employees of the contractor providing services on the project, for the duration of the project. 3. The Contractor must provide a certificate of coverage to the governmental entity prior to being awarded the contract. 4. If the coverage period shown on the contractor's current certificate of coverage ends during the duration of the project, the contractor must, prior to the end of the coverage period, file a new certificate of coverage with the governmental entity showing that coverage has been extended. 5. The contractor shall obtain from each person providing services on the project, and provide to the governmental entity: (a) a certificate of coverage, prior to that person beginning work on the project, so the governmental entity will have on file certificates of coverage showing coverage for all persons providing services on the project; and (b) no later than seven days after receipt by the contractor, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project. 6 The contractor shall retain all required certificates of coverage for the duration of the project and for one year thereafter. 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; (d) obtain from each other person with whom it contracts, and provide to the contractor. (1) a certificate of coverage, prior to the other person beginning work on the project; and (2) a new certificate of coverage showing extension of coverage, prior to the end of 1 the coverage period, if the coverage period shown on the current certificate of coverage ends during the duration of the project; la (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 (1) - (7), with the certificates of coverage to be provided to the person for whom they are providing services. -- 10. By signing this contract or providing or causing to be provided a certificate of coverage, the contractor is representing to the govemmental entity that all employees of the contractor who will provide services on the project will be covered by worker's compensation coverage for the duration of the project, that the coverage will be based on proper reporting of classification codes and payroll amounts, and that all coverage agreements will be filed with the appropriate insurance carrier or, in the case of a self -insured, with the commission's Division of Self - Insurance Regulation. Providing false or misleading information may subject the contractorto administrative penalties, criminal penalties, civil penalties, or other civil actions. 11. The contractor's failure to comply with any of these provisions is a breach of contract by the contractor which entitles the governmental entity to declare the contract void if the contractor does not remedy the breach within ten days after receipt of notice of breach from the governmental entity. G. Proof of Coverage Before work on this contract is commenced, each Contractor and subcontractor shall submit to the Owner for approval five Certificates of Insurance covering each Insurance policy carried and offered as evidence of compliance with the above Insurance requirements, signed by an authorized representative of the insurance company setting forth: (1) The name and address of the insured. (2) The location of the operations to which the insurance applies. (3) The name of the policy and type or types of insurance in force thereunder on the date bome by such certificate. The expiration date of the policy and the limit or limits of liability thereunder on the date bome by such certificate. A provision that the policy may be canceled only by mailing written notice to the named Insured at the address shown in the bid specifications. 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. 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. If policy limits are paid, new policy must be secured for new coverage to complete project. 1` (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 00 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 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: REQUIRED WORKERS' COMPENSATION COVERAGE "The law requires that each person working on this site or providing services related to this construction project must be covered by workers' compensation Insurance. This Includes persons providing, hauling, or delivering equipment and materials, or providing labor or transportation or other service related to the project, regardless of the Identity of their employer or status as an employee.' "Call the Texas Workers' Compensation Commission at 5121440-3789 to receive Information on the legal requirement for coverage, to verffy 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 f (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; (I I) 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 language in subsection (e) (3) of this rule; (iv) provide the contractor, prior to the end of the coverage period, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (v) obtain from each other person with whom it contracts, and provide to the contractor: (1) a certificate of coverage, prior to the other person beginning work on the project; and (2) prior to the end of the coverage period, a new certificate of coverage showing extension of the coverage period, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (vi) retain all required certificates of coverage on file for the duration of the project and for one year thereafter, (vii) notify the governmental entity in writing by certified mail or personal delivery, within 10 days after the person knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project; and (viii) contractually require each other person with whom it contracts, to perform as _ required by paragraphs (A) - (H), with the certificate of coverage to be provided to the person for whom they are providing services. 29. DISABLED EMPLOYEES Contractors having more than 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 The Contractor agrees that he will indemnify and save the Owner harmless from all claims growing out of any -- demands of subcontractors, laborers, workmen, mechanics, materialmen and fumishers of machinery and parts thereof, equipment, power tools, all suppliers, including commissary, incurred in the furtherance of the performance of this contract. When Owner so desires, the Contractor shall fumish satisfactory evidence that all obligations of the nature hereinabove designated have been paid, discharged or waived. If during the progress of the work, Contractor shall allow any indebtedness to accrue for work furnished by any of those designated in the preceding paragraph and shall fail to pay and discharge any such indebtedness within -- five (5) days after demand is made, then Owner may, during the period for which such indebtedness shall remain ti unpaid, withhold from the unpaid portion of this contract, a sum equal to the amount of such unpaid indebtedness r or may apply the sum so withheld to discharge any such indebtedness. Any and all communications between any party under this paragraph must be in writing. 31. PROTECTION AGAINST ROYALTIES OR PATENT INVENTION 9 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 Contract with the Patentee or Owner thereof. The Contractor shall defend all suits or claims for infringement of any patent or copyrights and shall Indemnify and save the Owner 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 altemate design, device, material or process is allowed to 3 the Contractor, then Contractor shall indemnify and save Owner harmless from any loss on account thereof. If the material or process specified or required by Owner is an infringement, the Contractor shall be responsible for such loss unless he promptly gives written notice to the Owner of such infringement. 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 effect the contract or the work, and shall indemnify and save harmless the Owner against any claims arising from the violation of any such laws, ordinances, and regulations, whether by the Contractor or his employees. If the Contractor observes that the plans and specifications are at variance therewith, he shall promptly notify the Owners' Representative in writing and any necessary changes shall be adjusted as provided in the contract for changes in the work. If the Contractor performs any work knowing it to be contrary to such laws, ordinances, rules and regulations, and without such notice to the Owner's Representative, he shall bear all costs arising therefrom. The Owner is a municipal corporation of the State of Texas and the law from which it derives its powers, insofar T" as the same regulates the objects for which, or the manner in which, or the conditions under which the Owner may enter into contracts, shall be controlling, and shall be considered as part of this contract to the same effect as though embodied herein. 33. ASSIGNMENT AND SUBLETTING r The Contractor further agrees that he will retain personal control and will give his personal attention to the f ' 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 his full obligations to the Owner, as provided by this Contract. 34. TIME FOR 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 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 on a date to be specified in the Notice to Proceed. If the Contractor should neglect, fail, or refuse to complete the work within the time herein specified, or any proper extension thereof granted by the Owner, 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 $500.00 (FIVE HUNDRED DOLLARS) PER DAY, not as a penalty, but as liquidated damages for the breach of the contract as herein set forth for each and every calendar day that the Contractor shall be in default after the time stipulated for completing the work. It Is expressly understood and agreed, by and between Contractor and the Owner, that the time for the completion of the work described herein is reasonable time for the completion of the same, taking into consideration the average climatic change 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 of the Impracticability and extreme difficulty in fixing and ascertaining actual damages the Owner would in such event sustain, and the amount is agreed to be damages the Owner would sustain and shall be retained by the Owner from current periodical estimates for payments or from final payment. It is further agreed and understood between the Contractor and Owner that time is of the essence of this contract. 35. TIME AND ORDER OF COMPLETION It Is the meaning and intent of this contract, unless otherwise herein specifically provided, that the Contractor shall be allowed to prosecute his work at such time and sessions, in such order of precedence, and In such manner as shall be most conductive to economy of construction; provided, however, that the order and time of prosecution shall be such that the work shall be substantially completed as a whole and in part, in accordance with this contract, the plans and specifications, and within the time of completion designated in the bid; provided, also, that when the Owner is having other work done, either by contract or by his own force, the Owner's Representative may direct the time and manner of constructing work done under this contract so that conflicts will be avoided and the construction of the various works being done for the Owner shall be harmonized. The Contractor shall submit, at such times as may reasonably be requested by the Owner's Representative, schedules which shall show the order in which the Contractor intends to carry on the work, with dates at which the Contractor will start the several parts of the work and estimated dates of completion of the several parts. 36. EXTENSION OF TIME The Contractor agrees that he has submitted his bid in full recognition of the time required for the completion of this project, taking into consideration the average climatic range and industrial conditions prevailing in this locality, and has considered the liquidated damage provisions of paragraph 33 hereinabove set forth and that he shall not be entitled to, nor will he request, an extension of time on this contract, except when his work has been delayed by an act or neglect of the Owner, Owner's Representative, employees of the Owner or other contractors employed by the owner, pr by changes ordered in the work, or by strike, walkouts, acts of God or the public J enemy, fire or flood. The Contractor may apply in writing for an extension of time, submitting therewith all written justification as may be required by Owner's Representative for such an extension as requested by Contractor. The Owner's Representative within ten (10) days after receipt of a written request for an extension of time by the _ Contractor supported by all requested documentation shall then consider such written request and respond to Contractor in writing granting or rejecting the request for an extension of time to complete the project. 37. HINDRANCE AND DELAYS In executing the contract, the Contractor agrees that in undertaking to complete the work within the time herein fixed, he has taken into consideration and made allowances for all hindrances and delays incident to such work, whether growing out of delays in securing material or workmen or otherwise. 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 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 for the various classes of work to be done and material to be furnished under this contract, they are approximate and are to be used only as a basis for _ estimating the probable cost of the work and for comparing their bids offered for the work. 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 POW r L. 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 Contract, from any damage or injury by reason of said process of construction; and he shall be liable for any and all claims for such damage on account of his failure to fully protect all adjacent property. The Contractor !` agrees to indemnify, save and hold harmless the Owner against any claim or claims for damages due to any Injury to any adjacent or adjoining property, arising or growing out of the performance of this contract, but such indemnity shall not apply to any claim of any kind arising out of the existence or character of the work. 40. PRICE FOR WORK In consideration of the furnishing of all necessary labor, equipment and material and the completion of all work by the Contractor, and on the delivery of all materials embraced in this contract in full conformity with the specifications and stipulations herein contained, the Owner agrees to pay the Contractor the price set forth in the bid 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 r incurred by him and for well and truly performing the same and the whole thereof in the manner and according to this Contract, the attached specifications, plans, contract documents and requirements of Owner's Representative. 41. PAYMENTS No payments made or certificates given shall be considered as conclusive evidence of the performance of the 3 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 r" 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 which have not theretofore been timely filed as provided in this contract. 42. PARTIAL PAYMENTS On or before the tenth day of each month, the Contractor shall submit to Owner's Representative an application for partial payment. Owner's Representative shall review said application for partial payment 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; said statement shall also include the value of all sound materials delivered on site of the work that are to be fabricated into the work. j" 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 this Contract. It is understood, however, that in case the whole work be near to j completion, and this fact is certified to by Owner's Representative and some unexpected and some unusual delay occurs due to no fault or negligence on the part of the Contractor, the Owner may upon written recommendation of Owner's Representative pay a reasonable and equitable portion of the retained percentage due Contractor. 43. FINAL COMPLETION AND ACCEPTANCE r.. } Within thirty-one (31) days after the Contractor has given the Owner's Representative written notice that the work has been completed or substantially completed, the Owner's Representative and the Owner shall Inspect the r work and within said time, if the work be found to be completed or substantially completed in accordance with the contract documents,,the Owner's Representative shall issue to the Owner and Contractor his certificate of completion, and thereupon it shall be the duty of the Owner within thirty-one (31) days to issue a certificate of -- acceptance of the work to the Contractor. 44. EINAL PAYMENT r- Upon the issuance of the certificate of completion, the Owner's Representative shall proceed to make final measurement and prepare a final statement of the value of all work performed and materials furnished under the terms of the Contract, and shall certify same to the Owner, who shall pay to the Contractor on or before the 31st -- day after the date of certificate of completion, the balance due Contractor under the terms of this Contract, provided he has fully performed his contractual obligations under the terms of this contract; and said payment shall become due in any event upon said performance by the Contractor. Neither the certificate of acceptance 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 special conditions (if any) of this contract or required in the specifications made a part of this contract. 45. CORRECTION OF WORK BEFORE FINAL PAYMENT FOR WORK Contractor shall promptly remove from Owners' premises all materials condemned by the Owner's Representative on account of failure to conform to the contract, whether actually incorporated in the work or not, and Contractor shall at his own expense promptly replace such condemned materials with other materials conforming to the requirements of the contract. 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. 46. 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 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 substantial completion.' The Owner or the Owner's Representative shall give notice of observed defects with reasonable promptness. _ 47. PAYMENT WITHHELD The Owner may, on account of subsequently discovered evidence, withhold or nullify the whole or part of any certificate to such extent as may be necessary to protect himself from loss on account of: (a) Defective work not remedied. (b) Claims filed or reasonable evidence indicating possible filing of claims. (c) Failure of the Contractor to make payments promptly to subcontractors or for materials or labor. " (d) Damage to another contractor. When the above grounds are removed, or the Contractor provides a surety bond satisfactory to the Owner, which will protect the Owner in the amount withheld, payment shall be made for amounts withheld because of them. 48. TIME OF FILING CLAIMS 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) days after the Owner's — Representative has given any directions, order or instruction to which the Contractor desires to take exception. The Owners' Representative shall reply to such written exceptions by the Contractor and render his final decision i In writing. In case the Contractor should appeal from the decision of the Owner's Representative, any demand for arbitration shall be filed with the Owner's Representative and the Owner in writing within ten (10) days after the date of delivery to Contractor of the final decision of the Owner's Representative. It is further agreed that final acceptance of the work by the Owner and the acceptance by the Contractor of the final payment shall be a bar to any claim by either party, except where noted otherwise in the contract documents. 49. ABANDONMENT BY CONTRACTOR In case the Contractor should abandon and fail or refuse to resume work within ten (10) days after written notification from the Owner or the Owner's Representative, or if the Contractor fails to comply with the orders of the Owner's Representative, when such orders are consistent with this contract, this Contract, or the Specifications hereto attached, 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. After receiving said notice of abandonment, 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 case the Surety should fail to commence compliance with the notice for completion hereinbefore provided for within ten (10) days after service of such notice, then the Owner may provide 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 sald 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 Contract. 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 his Surety shall pay the amount of such excess to the Owner; or (b) The Owner, under sealed bids, after notice published as required by law, at least twice in a newspaper having a general circulation in the County of location of the work, may let the contract for the completion of the work under substantially the same terms and conditions which are provided in this contract. In case of any increase in cost to the Owner under the new contract as compared to what would have been the cost under this contract, such increase shall be changed to the Contractor and the Surety shall be and remain bound therefore. However, 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. When the work shall have been substantially completed, the Contractor and his Surety shall be so notified and certificates of completion and acceptance, as provided in paragraph 42 hereinabove set forth, shall be issued. A complete itemized statement of the contract accounts, certified to by Owner's Representative as being correct shall then be prepared and delivered to Contractor and his Surety, 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 certificate of completion. In the event the statement of accounts shows that the cost to complete the work is less than that which would have been the cost to the Owner had the work been completed by the Contractor under the terms of this contract, or when the Contractor and/or his Surety 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. Should the cost to complete the work exceed the contract price, and the Contractor and/or his Surety 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 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 subject only to the duty of the Owner to exercise ordinary care to protect such property. After fifteen (15) 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. 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 which remain on the •jobsite and belong to persons other than the Contractor or his Surety, to their proper owners. 50. ABANDONMENT BY OWNER In case the Owner shall fail to comply with the terms of this contract, and should fail or refuse to comply with said terms within ten (10) days after written notification by the Contractor, then the Contractor may suspend or wholly abandon the work, and may remove therefrom all machinery, tools, and equipment, and all materials on the ground that have not been included in payments to the Contractor and have not been incorporated into the work. Thereupon, the Owner's Representative shall make an estimate of the total amount earned by the Contractor, which estimate shall include the value of all work actually completed by said Contractor at the prices stated in the attached bid, the value of all partially completed work at a fair and equitable price, and the amount of all Extra Work performed at the prices agreed upon, or provided for by the terms of this contract, and a reasonable sum to cover the cost of any provisions made by the Contractor to carry the whole work to completion, and which cannot be utilized. The Owner's Representative shall then make a final statement of the balance due the Contractor by deducting from the above estimate all previous payments by the Owner and all other sums that may be retained by the Owner under the terms of this Contract, and shall certify same to the Owner who shall pay to the Contractor on or before thirty (30) days after the date of the notification by the Contractor the balance shown by said final statement as due the Contractor, under the terms of this Contract. 51. BONDS The successful bidder will be required to furnish a performance bond in accordance with Chapter 2253, Government Code, in the amount of 100% of the total contract price in the event that said contract price exceeds $100,000 and the successful bidder will be required to furnish a payment bond in accordance with Chapter 2253, Government Code, in the amount of 100% of the total contract price in the event that said contract price exceeds $25,000. All bonds, if required, 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. And it is further agreed that this contract shall not be in effect until such bonds are so furnished. 52. 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. 53. LOSSES FROM NATURAL CAUSES Unless otherwise specified herein, all loss 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 and the prosecution of the same, or from unusual obstructions or difficulties which may be encountered in the prosecution of the work, shall be sustained and bome by the Contractor at his own cost and expense. 54. INDEPENDENT CONTRACTOR Contractor is, and shall remain, an independent contractor with full, complete and exclusive power and authority to direct, supervise, and control his own employees and to determine the method of the performance of the work t' 55. covered hereby. The fad that the Owner or Owner's Representative shall have the right to observe Contractor's work during his performance and to cant' 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 he shall remove all such debris and also his 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. t CURRENT WAGE DETERMINATIONS xesolucion Di.�i �.. March 14, 1996 Item #19 r• RESOLUTION P" I, WHEREAS, the City Council has heretofore established the general prevailing rate of i per diem wages for each craft or type of workmen or mechanics needed to execute public r, i works contracts for the City of Lubbock in accordance with the provisions of Vernon's Ann.Civ.St., Art. 5159a; and i WHEREAS, such wage rates were established by Resolution No. 719 enacted February is 12, 1981, updated by Resolution No. 1590 enacted February 23, 1984, and further updated by Resolution No. 2502 enacted January 8, 1987; and WHEREAS, such rates need to be updated at the present time in order to reflect the current prevailing rate of per diem wages; NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the general prevailing rate of per diem wages for public works contracts shall be as set forth in the following named exhibits, which exhibits shall be attached hereto and made a part hereof for all intents and purposes: Exhibit A: Building Construction Trades Exhibit B: Paving and Highway Construction Exhibit C. Overtime Rate Exhibit D: Weekend and Holiday Rate Such wage rates are hereby found and declared to be the general prevailing rate of per diem wages in all localities where public works are undertaken on behalf of the City of Lubbock and such wage rates shall be included in all public works contracts as provided by law. Passed by the City Council this 14th ATTEST: Betty M. Jdfinson, City Secretary APPROVED AS TO CONTENT: - '-7)6w av,�� Mary AndrYws, Managing Director of Human Resources APPROVED AS TO FORM: afold Willard,"Assistant City Attorney HW:da/ccdocs/pubworks. res February 14, 1996 2 i City of Lubbock Building Construction Trades Prevailing Rates caft Hourly Rate Acoustical Ceiling Installer 10.00 Air Conditioner Installer 11.00 Air Conditioner Installer -Helper 5.50 Asbestos Worker 8.00 Asbestos Supervisor 11.00 Bricklayer 11.00 Bricklayer -Helper 6.00 Carpenter 11.00 Carpenter -Helper 6.00 Cement Finisher 7.50 Drywall Hanger 10.00 Electrician 13.00 Electrician -Helper 6.00 Equipment Operator -Heavy 8.50 Equipment Operator -Light 7.50 Floor Installer 8.50 Glazier 8.00 Insulator-PipkeSoiler 9.00 Insulator -Helper 5.50 Iron Worker 8.00 Laborer -General 5.50 Mortar Mixer 5.50 Painter 9.50 Plumber 10.50 Plumber -Helper 6.00 Roofer 8.00 Roofer -Helper 5.50 Sheet Metal Worker 8.75 Sheet Metal Worker -Helper 5.50 Welder -Certified 10.00 r" f i . EXHIBIT B r" Paving and Highway Construction Prevailing Wage Rates Craft Hourly Rate Asphalt Heaterman 6.00 Asphalt Shoveler 5.50 Concrete Finisher 7.35 Concrete Finisher -Helper 5.75 Electrician 10.50 Flagger 5.50 Form Setter 6.50 Form Setter -Helper 5.50 Laborer -General 5.50 Laborer -Utility 6.25 Mechanic 7.25 Mechanic -Helper 5.50 Power Equipment Operators Asphalt Paving Machine 7.00 Bulldozer 7.00 Concrete Paving Machine 7.00 Front End Loader 6.50 Heavy Equipment Operator 7.00 Light Equipment Operator 6.50 Motor Grader Operator 8.50 Roller 6.00 Scraper 6.50 Tractor 6.50 Truck Driver -Light 6.00 Trick Driver -Heavy 6.50 r�* EXHIBIT C Prevailing Wage Rates Overtime Rate The rate for overtime (in excess of forty hours per week) is 1 112 times base rate. .& EXHIBIT D Prevailing Wage Rates Weekend and Holiday Rate The rate for weekend and holiday is 1 1/2 times base rate. I SPECIFICATIONS 1.0 SCOPE c:n50J2fW vwonn6ALAM-n.noc r" The scope of this contract shall be the construction of drive through lanes and customer parking adjacent to the Permit Office for the Sam Wahl Recreation area and the expansion of the existing parking area near the boat ramp facilities. These r projects are located at Lake Alan Henry in Garza County, Texas. C; Work should begin near the permit office then proceed to the parking expansion near the boat ramp. At all times access to and from the existing parking area and boat ramp should remain open to the public. Public safety shall remain a top priority �. during this construction. A temporary sign shall be placed near the entrance of the recreational area. Plans and details for this sign are included on the plans. r- The plans and specifications herein included are intended to describe the completed work to be performed under the contract. Unless otherwise provided, the Contractor shall furnish all materials, supplies, tools, equipment and labor necessary for the proper execution and completion of the work. 2.0 REFERENCE STANDARDS Reference to standards, specifications, manuals, or codes of any technical society, organization, or association, or to the Laws or Regulations of any governmental authority, whether such reference be specific or by implication, shall mean the latest standard specification, manual, code, or Laws or Regulations in effect at the time of opening of Bids except as may be otherwise specifically stated. 3.0 ABBREVIATIONS Abbreviations used in the Contract Documents are defined as follows: AASHTO American Association of State Highway and Transportation Officials ASCI American Concrete Institute ANSI American National Standards Institute ASCE American Society of Civil Engineers ASTM American Society for Testing and Material TxDOT Texas Department of Transportation OSHA Occupational Safety and Health Act 4.0 CONSTRUCTION STAKES �., It shall be the responsibility of the Contractor to construct the work to the position and elevations as set out on the plans and approved changes. The Owner's Representative will furnish the Contractor control points for determining lines and grades. r` From the control points established by the Owner's Representative, the Contractor shall establish and be responsible for the correctness of alignment, elevation and position of all construction required by the contract. The Contractor shall provide a qualified and experienced force to perform this work and shall keep the Owner's Representative informed a reasonable time in advance of the time and place he intends to work, in order that measurements may be made as necessary for the record and for determination of pay quantities. The Owner's Representative may, at his option, make spot or -complete checks on all construction alignment and grades to determine the accuracy of the Contractor's survey work. These checks, however, will not relieve the Contractor of his responsibility of constructing the work to the positions and elevations as shown on the plans or approved changes. Computations, sketches and other drawings used in — the design and layout of this project will be made available to the Contractor, but these items will not relieve the Contractor of his responsibility as set out above. The Contractor will be held responsible for the preservation of all control points established by the Owner's Representative and if, in the opinion of the Owner's Representative any of the stakes or bench marks have been carelessly or willfully destroyed or disturbed by the Contractor they shall be replaced by the Contractor or the cost of replacing them will be charged against the Contractor and deducted from the payment for the work. No direct payment will be made for this work, but the cost of all labor, equipment and supplies necessary to perform the work shall be included in the contract unit prices bid for the various contract items. 5.0 CLEARING AND GRUBBING "Clearing and Grubbing" shall consists of the removal and disposal of trees, stumps, brush, roots, vegetation, logs, rubbish and other objectionable matter. It shall also include the removal of existing fences from within the working area. Areas required for parking area, roadway, borrow sites and material sources shall be cleared and grubbed. On areas required for roadway or parking area _ all stumps, roots, etc., (except for designated trees and brush) shall be removed to a depth of at least 2 feet below the lower elevation of the excavation. All holes remaining after clearing and grubbing shall be backfilled and compacted to density of adjacent undisturbed soil. The entire area shall be bladed to prevent ponding of water and to provide drainage, except, in areas to be immediately excavated, the Owner's Representative may direct that the holes not be backfield. When permitted by the plans, trees and stumps may be cut off as close to natural ground as practicable on areas which are to be covered E y by at least three feet of embankment. On areas required for borrow sites and material sources, stumps, roots, etc., (except for designated trees and shrubs) r" shall be removed to the complete extent necessary to prevent such objectionable matter becoming mixed with the material to be used in construction. All cleared and grubbed material shall be disposed of in a manner satisfactory to the Owner's Representative. Unless otherwise provided, all merchantable timber removed as required above shall become the property of the Contractor. 6.0 EXCAVATION Excavation shall consist of the required excavation within the limits of the project; the removal of and proper utilization or disposal of all excavated materials; and the constructing, shaping and finishing of all earthwork on the entire project and approaches to same, in conformity with the required lines, grades and typical cross sections and in accordance with specification requirements herein outlined. Excavation shall be performed in accordance with Articles 110.2 "Construction E Methods" and 110.3 "Selection of Materials" of Item 110 'Roadway Excavation" of the TxDOT Standard Specifications. In areas where the flexible base will be placed directly over the excavated area (cut sections), the subgrade shall be scarified to a depth of 12 inches and compacted to 95% of ASTM D-698 (Standard Proctor). Compaction test will be performed by the City of Lubbock Soils Laboratory personnel All excess excavation material shall be disposed of in areas to be approved by the Owner's Representative. 7.0 EMBANKMENT r- This item shall govern the placement and compaction of all materials obtained from borrow and channel excavation for utilization in the construction of the project. r" Construction shall be performed in accordance with the construction methods outlined in Article 132.2 of Item 132 "Embankment" of the TxDOT Standard Specifications. The "Density Control" method shall be used, with each layer to be r` compacted to 95% of ASTM D-698 (Standard Proctor). Compaction tests will be performed by the City of Lubbock Soils Laboratory personnel. r' Should additional material be required, it shall be supplied by the contractor from an f approved source to be approved by the Owner's Representative. The borrow material �., shall consist of sand or other suitable granular material, free from vegetation or other objectionable matter, reasonable free from lumps or earthen when tested in accordance with TxDOT Test Methods TEX-104-E, Tex-105-E and Tex-106-E shall meet the following requirements: The liquid limit shall not exceed ................................................. 45 The plasticity index shall not be less than .................................... 4 nor more than ..............................................................................15 Borrow material, if required, shall be measured and paid by the cubic — yard in vehicles as delivered on the proposed roadway. 8.0 FLEXIBLE BASE (CALICHE) — 8.1 Description r "Flexible Base (Caliche)" shall consist of six (6) inches of caliche and stone materials and shall be constructed as herein specified. It shall be shaped in accordance with the typical cross -sections and the grades established on the plans. 8.2 Material The material for the base course shall consist of argillaceous limestone, calcareous or calcareous clay particles, conglomerate, gravel, sand or other granular materials. The _. material source shall be approved by the 'Engineer. All the acceptable material shall be crushed and returned to the screened material again in such manner that 'a uniform product will be produced. Samples for testing the material shall be taken prior to the compaction operations. The material will conform to the requirements: Sieve Size 2" 1-1/2" 7/8" 1/2" #4 #40 ------------------------------------------------------------------------- % retained 0 0-5 8-30 30-55 50-70 70-90 Material passing the No. 40 sieve shall be known as "Soil Binder" and shall meet the following requirements when prepared in accordance with Test Method Tex 101-E procedure: Liquid Limit...............45 maximum; plasticity Index ....'..................... 15 maximum, 3 minimum; and, Linear Shrinkage....... 10 maximum r F r Wet Ball Mill Test of Flexible Base Material: The material, when tested in accordance with Texas Method 116-E, shall have a maximum allowable value of 55. 8.3 Hauling and Placing Approved base material shall be hauled in vehicles of uniform capacity to the site and dumped evenly so that an adequate quantity of material will be placed to provide a minimum of six (6) inches of compacted base material. 8.4 Processing Processing'of caliche base shall be accomplished in multiple lifts of three (37) inches in compacted depth. Each lift or layer shall be thoroughly moistened and rolled as it is cut from the windrow. After all of the material is cut from the windrow to the sides, it shall be cut back to the center in lifts of three (Y) inches and thoroughly moistened and rolled again. Succeeding layers shall then be placed similarly until the caliche base course is completed. Caliche base shall be compacted to 100% Standard Proctor Density (A.S.T.M. D- �" 698). Density tests (A.S.T.M. D-2922) will be performed and test rolling for base will be observed by City inspectors. Caliche base shall be compacted at 2% below optimum moisture content plus or minus 2%. The finished caliche base shall be test rolled with a 25 ton pneumatic tire or other approved roller. The Engineer may require up to six passes of the roller in determining the condition of the base. The compacted caliche base shall be accomplished in two (Y) inch lifts. The caliche course shall then be sprinkled as required and rolled with compactors as directed until the specified compaction relative to Standard Proctor Density is secured. Throughout this entire operation, the shape of the course shall be maintained by blading; and the surface upon completion shall be smooth and in conformity with the typical sections shown on plans and to the established lines and grade. Traffic may be allowed to travel on the caliche base, as directed by the Engineer, during construction. During this period, the caliche base shall be satisfactorily maintained by the use of water trucks, blades, drags and such other equipment as may be required. The base course shall be so maintained until the wearing surface is placed thereon. The surface shall not be placed on base course that exceeds optimum mixture by two percent (2%). 8.5 Finishing a) Description The compacted base shall be finished and shaped immediately preceding the _ application of the surface treatment. All loose or unconsolidated material shall be removed and the surface moistened and rolled with a steel wheel roller. b) Failed Density or Weak Spots in Base The finished caliche base shall be checked for density requirements and by test rolling. Material that fails the density requirement shall be reworked as. necessary until passing. The full depth of caliche base shall be compacted to the extent necessary to remain firm and stable under test rolling. All irregularities, depressions or weak spots which develop shall be corrected immediately by scarifying the area affected, adding suitable material as required, reshaping and recompacting by -- sprinkling and rolling. Subject to the approval of the Engineer the contractor may repair the weak spot by removing the material involved and replacing it with type "C" hot mix or asphalt stabilized base, at no extra cost to the Owner. In this case the surface may be applied as soon as the hot mix patch has been compacted and cooled to ambient temperature. c) Allowable Deviation in Finish Immediately prior to placing of surfacing, the base shall be checked and any deviation in excess of three -eighth (3/8) inch from the established grade or true cross section shall be corrected as provided above for defects. Longitudinally a straightedge 10 feet long shall be used to detect any deviation which shall be corrected as defects. 9.0 HOT MIX ASPHALTIC CONCRETE SURFACE 9.1 Description This item shall consist of a 1-1/2" compacted City of Lubbock Type "C" hot mix asphaltic concrete surface, using approved crushed stone aggregate and constructed over the compacted flexible base (Caliche Base). The base shall be primed prior to installation of the asphalt surface. 9.2 Materials When tested according to TxDOT Methods, the various materials shall meet the applicable requirements of these specifications. a) Asphalts: Asphalts for use in this project shall comply with TxDOT Specification Item 300 "Asphalts, Oils and Emulsions". Asphalt for the paving mixtures shall be AC-10 with latex or of the types of oil asphalt as determined by the Owner's Representative. r• The asphalt content used shall be as designated by the Owner's Representative after design tests have been made using the mineral aggregates that are to be used in the project. The Contractor shall notify the Owner's Representative of the source of his r asphaltic material prior to the production of the asphaltic mixture and this source shall not be changed during the course of the project except by written permission of the Owner's Representative. b) Aggregates: The mineral aggregate shall be composed of coarse aggregate, a fine aggregate, and if required, a mineral filler. Samples of coarse aggregate, fine aggregate and mineral filler shall be submitted to the City of Lubbock Testing Laboratory for testing and approval by the Owner's Representative. Approval of other material and of the source of supply must be obtained from the Owner's Representative prior to delivery. The combined mineral aggregate, after final processing by the mixing plant, and prior to addition of asphalt and mineral filler, shall have a sand equivalent value of not less than 40, when tested in accordance with ASTM D-2419. Coarse and fine aggregates and mineral filler shall meet the requirements of TxDOT Specifications Item 302 "Aggregate for Surface Treatments." 9.3 Paving Mixtures The paving mixture shall consist of a uniform mixture of coarse aggregate, fine aggregate and asphaltic material. The grading of each constituent of the mineral aggregate shall be well graded from coarse to fine and shall not vary from the low limit on one sieve to the high limit on the adjacent sieve, or vice versa. The final designated gradations shall produce a relatively smooth line when plotted on a 0.45 power semilogarithmic gradation chart when tested in accordance with ASTM C-136. Master Gradation Specifications Sieve Type "C" Size Percent by Weight Passing Sieve 1„ 100 3/4" 98-100 , 1/2 81-93 3/8" 65-85 No. 4 43-63 No. 8 33-45 No. 16 22 -34 No. 30 13-27 No. 50 7-19 No. 100 3-11 No. 200 1-6 Bitumen percent 4.0 - 7.5 (of total mix) 9.4 Laboratory Control If the Contractor or supplier wishes to use a material or location not previously approved by the City of Lubbock, he will be required to request approval, in writing, of the material not less than 60 days prior to anticipated use of the material. The City of Lubbock 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 Owner's Representative. The City of Lubbock will utilize its own testing laboratory to monitor the plant mixing for the Hot . Mix. This laboratory control will be provided by the City of Lubbock. In those instances where irregularities occur and the limits the specification are exceeded for aggregate, black base, or hot mix, appropriate corrections will be required. 9.5 Tolerances The Engineer will designate the exact grading of the aggregate and asphalt content to be used in the mixture (Job Mix Formula). The paving mixture produced shall not vary from the designated grading and asphalt content by more than the tolerances allowed herein and shall remain within the limitation of the master grading specified. t[� I The respective tolerances, based on the percent by weight of the mixture, are listed as follows: Percent by weight material Tolerance Plus or Minus Aggregate passing No. 4 sieve or larger 4 percent is Aggregate passing Nos. 8,16,30, 50 sieves 3 percent �.., Aggregate passing Nos. 100 & 200 sieves 2 percent r. Bitumen 0.25 percent 9.6 Extraction/Gradation Tests And Design Criteria Extraction/Gradation r Samples of the mixture when tested in accordance with ASTM D-2172 shall not vary from the grading proportions of the aggregate and the asphalt content designated by the Engineer by more than the respective tolerance specified above. r During construction, if grading or asphalt content exceeds the tolerances stated ., herein, production will be discontinued until such time as the Hot -Mix Asphaltic Concrete mixture has been corrected and subsequent grading and extraction tests indicate results within the tolerance stated herein. All Hot- Mix Asphaltic Concrete r. mixture so constructed, which exceeds the tolerances as stated herein, will be j removed and replaced by the contractor at no cost to the Owner. r Design Method t Marshall Method Min. Max. No. of compaction blows, each end of specimen 75 r Stability, Lbs. 1800 --- Flow, units of 0.01 in 8 14 % Air Voids ,. Surfacing or Leveling 3 5 Percent Voids in a.- Mineral Aggregate 13 --- 1 i r Sampling and Testing It is the intent of this specification that the mixture will be designed to produce a mixture of optimum density and stability, as determined by the Owner's Representative, when tested in accordance with these specifications and applicable ASTM procedures. Samples of the completed pavement shall be removed from locations designated by the Owner's Representative to enable him to determine the composition, compaction, and density of the pavement. Samples for each day or fraction thereof shall be taken by City personnel. The contractor shall replace the pavement removed from core holes at no cost to the City. If the pavement is deficient in composition, compaction, or thickness, satisfactory correction shall be made as directed by the Owner's Representative. Tests on Marshall specimens shall be made twice daily or as directed by the Owner's Representative to retain job control. The mixture shall comply with the requirements of the Table above when tested in accordance with the Marshall method procedures contained in Chapter III of the Asphalt Institute's Manual Series No. 2 (MS-2), current addition, and ASTM D 1559. If the laboratory stability and/or field tests of the mixture produced has a value lower than that specified, and in the opinion of the Engineer is not due to change in source or quality of materials, production may proceed, and the mix shall be changed until the laboratory/field tests equals or exceeds the specified values. If there is, in the opinion of the Owner's Representative, an apparent change in any material from that used in the design mixtures, production will be discontinued until a new design mixture is determined by trial mixes. 9.7 Sampling and Testing Hot Mix Asphaltic Concrete for Compaction Compacted pavement will be accepted, with respect to density, when the average field density is within the below listed specifications. Four field density determinations will be made for each lot. Cores taken from the pavement will be used to test the field density. The density of the cored samples will be determined in accordance with ASTM D-2726. Pay and Density Specifications Based on Maximum Theoretical Density 94% to 97.5% 100% pay for bid item 93% to 93.0% 2% reduction in pay for bid item 92.5% to 92.9% 3% reduction in pay for bid item Less than 92.5% Material Rejected. i If the mixture produced does not have the specified qualities, it shall be adjusted until it does. The pavement shall be constructed on the previously completed and approved base as herein specified and in accordance with the details shown on the plans. 9.8 Temperature Requirements November 1 until April 1 1. The asphaltic mixture shall not be placed when the air temperature is below 55 degrees and falling. 2. The asphaltic mixture may be placed when the air temperature is above 50 degrees F and rising. April 1 until November 1 1. The asphaltic mixture shall not be placed when the air temperature is below 50 degrees F and falling. 2. The asphaltic mixture may be placed when the air temperature is above 45 degrees F and rising. The air temperature shall be taken in the shade away from artificial heat. The Owner's Representative may use his discretion to require a cover over the asphaltic mixture when being hauled from the plant to the job site. If the temperature of a load of asphaltic concrete measured while passing through the lay -down machine is 25 degrees F less than the mixing temperature, the load may be rejected by the Owner's Representative and payment will not be made for the rejected material. 9.9 Preparation of Base and Areas Bordering The compacted base upon which the hot mix asphaltic concrete surface is to be placed shall be prepared and cleaned, as required by the Owner's Representative, before the prime coat is applied. 9.10 Prime Coat The prime coat shall consist of an application of .25 gallons per square yard of Cutback asphalt RC -30 and conform to ASTM D 2028. 9.11 Transporting Asphaltic Concrete The asphaltic mixture, prepared as specified above shall be hauled to the work site in tight vehicles previously cleaned of all foreign material. The 1: r t dispatching of the vehicles shall be arranged so that all material delivered may be placed, and all rolling shall be completed during day -light hours. The inside of the truck body may be given a light coat of oil, lime slurry or other material "— satisfactory to the Owner's Representative, if necessary, to prevent mixture from adhering to the body. In cool weather or for long hauls, canvas covers _ and insulating of truck bodies may be required. Vehicles of the semi -trailer type are prohibited. 9.12 Placing - The asphaltic concrete pavement shall be machine laid in accordance with the TxDOT Item 528, "Automatic Screed Controls for Asphaltic -Concrete Spreading and Finishing Machine", in such manner that when properly compacted the finished pavement will be smooth, of uniform density and will meet the requirements of the typical cross sections and the surface tests. The surface course shall be laid in a compacted layer with a minimum compacted thickness of one and one-half inches (1-1/2"). A level up course, 1/2" or more in thickness, shall require use of black base or a coarse grade of hot mix approved by the Owner's Representative. It shall be spread and compacted to lines and grades as established by the Owner's Representative. All joints shall present the same texture density, and smoothness as other sections' of the course. The joints between existing new pavements or between successive day's work shall be carefully made to insure a continuous bond between old and new sections. The transverse edges of old pavement and, if required by the Owner's. Representative, the successive days pavement shall be sawed 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 a thin uniform coat of hot bituminous material before the fresh mixture is placed. 9.13 Compacting As directed by the Owner's Representative, the pavement shall be compacted thoroughly and uniformly to the required density. Compaction shall be completed before the mixture cools below 185°F. Rolling with the 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 unless otherwise directed by the Owner's Representative. Alternate trips of the roller shall be slightly different in length. Rolling with pneumatic roller shall be done as directed by the Owner's Representative. Rolling shall be continued until required compaction is obtained and all roller marks are eliminated. One tandem roller, two pneumatic rollers and at least one three wheel roller, as specified above, shall be provided for each Job. Additional rollers shall be provided if needed. The motion of the roller shall be slow enough at all times to avoid displacement of the mixture. If any displacement occurs, it shall be corrected at once by the use of rakes and of fresh mixture where required. The roller shall not be allowed to stand on pavement which has not been fully compacted. To prevent adhesion of the surface to the roller, the wheels shall be kept thoroughly moistened with water, but an excess of water will not be permitted. All rollers must be in good mechanical condition. Necessary precautions shall be taken to prevent the droppings of gasoline, oil, grease or other foreign matter on the pavement, either when the rollers are in operation or when standing. 9.14 Surface Tests The surface of the pavement, after compaction, shall be smooth and true to the established line, grade and cross section, and when tested with a 10 foot straight edge placed parallel to the centerline of the roadway or tested by other equivalent and acceptable means, except as provided herein, the maximum deviation shall not exceed i 1/8 inch in 10 feet, and any point in the surface not meeting this requirement shall be corrected as directed by the Owner's Representative. t 9.15 Equipment rAll equipment for the handling of all materials and mixing and placing of the mixture shall be maintained in good repair and operating condition and subject to approval of the Owner's Representative. Any equipment found to be defective and affecting the quality of the mixture will be replaced. r- Mixing plants may be the weigh -batch type or the continuous mixing type or the 4 drum mix type. All types of plants shall be equipped with satisfactory conveyors, power units, aggregate handling equipment, bins and dust collectors. When requested by the Engineer, weigh -batch and continuous types of mixing plants shall be equipped with automatic proportioning devices in accordance with the requirements of TxDOT Specifications Item 520, "Weighing and Measuring Equipment.' If automatic recording devices are required by the plans, they shall be in accordance with the TxDOT Item 520, "Weighing and Measuring Equipment." Spreading and Finishing Machine. The spreading and finishing machine shall be of a type approved by the Owner's Representative, shall be capable of producing a surface that will meet the requirements of the typical cross section and the surface test, when required, and shall have adequate power to propel the delivery vehicle in a r.. satisfactory manner when the mixture is dumped into the finishing machine. The r- finishing machine shall be equipped with a flexible spring and/or hydraulic type hitch sufficient in design and capacity to maintain contact between the rear wheels of the hauling equipment and the pusher rollers of the finishing machine while the mixture is being unloaded. The finishing machine shall be operated in a low gear, or as directed by the Owner's Representative, at a speed to produce a surface that will meet the requirements of the typical cross section and surface test. Any vehicle which the finishing machine cannot push or propel in such a manner as to obtain the desired lines and grade without resorting to hand finishing will not be allowed to dump directly into the finishing machine. Vehicles dumping into the finishing machine shall be mechanically and/or automatically operated in such a manner that overloading the finishing machine being used cannot occur and the required lines and grade will be obtained without resorting to hand finishing. Dumping of the asphaltic mixture in a windrow and then placing the mixture in the finishing machine with loading equipment will be approved by the Owner's Representative, provided that the loading equipment is constructed and operated in such a manner that substantially all of the mixture deposited on the roadbed is picked up and placed in the finishing machine without contamination by foreign material of the mixture. The loading equipment will be so designed and operated. that the finishing machine being loaded will obtain the required line, grade and surface without resorting to hand finishing. Any operation of the loading equipment resulting in the accumulation and subsequent shedding of this accumulated material into the _ asphaltic mixture will not be permitted. Forms. The use of forms will not be required except where necessary to support the edges of the pavement during rolling. if the pavement will stand rolling without undue movement, binder twine or small rope may be used to align the edges. Motor Grader. The motor grader, if used, shall be self-propelled power motor grader; it shall be equipped with pneumatic tired wheels; shall have a blade length of not less than 12 feet; shall have a wheel base of not less than 16 feet; and shall be tight and in good operating condition and approved by the Owner's Representative. Pneumatic Tire Rollers. The pneumatic tire roller shall be an acceptable self- propelled roller mounted on pneumatic tired wheels, with the weight capable of being varied uniformly from 275 to 550 pounds per inch width of tire tread, so constructed as to be capable of being operated in both a forward and a reverse direction and shall have suitable provision for moistening the surface of the tires while operating. All tires of the same roller shall be smooth tread of equal size and diameter and shall be arranged in such a manner that the gap between the tires of one axle will be covered by the tires of the other. f : 4 The tire pressure of each tire shall be adjusted as directed by the Owner's Representative and this pressure shall not vary by more than 5 pounds per square r' inch. Two Axle Tandem Roller. This roller shall be an acceptable power driven tandem roller weighing not less than 8 tons. OM Three Wheel Roller. This roller shall be an acceptable power driven three wheel roller weighing not less than 10 tons. Trench Roller. This roller shall be an acceptable power driven trench roller equipped with sprinkler for keeping the wheels wet and adjustable road wheel so that the roller may be kept level during rolling. The drive shall be not less than 20 inches wide. The roller under working conditions shall produce 325 pounds per linear inch of roller width and be so geared that a speed of 1.8 miles per hour is obtained in low gear. Straightedges and Templates. When directed by the Owner's Representative, the Contractor shall provide acceptable 10 foot straightedges for surface testing. Satisfactory templates shall be provided by the Contractor as required by the Owner's Representative. All equipment shall be maintained in good repair and operating condition and shall be approved by the Owner's Representative. The Contractor shall furnish such suitable machinery, equipment, and construction forces as may be necessary, in the opinion of the Owner's Representative, for the proper prosecution of the work, and failure to do so may cause the Owner's r., Representative to withhold all estimates which have or may become due or the j Owner's Representative may suspend work until his requests are complied with. ?" 9.16 Opening to Traffic The pavement shall be opened to traffic when directed by the Owner's Representative. If the surface ravels, corrugates or shoves, it will be the Contractor's responsibility to correct this condition at his expense. At all times during the project access to the existing parking facilities shall be maintained in a safe and orderly manner. 10.0 CONCRETE The concrete for traffic control islands and walk ways shall be placed in accordance with the details and to the dimensions shown on the plans or as established by the Owner's Representative. Concrete shall be "Class B" as defined in Article 421.9 "Quality of Concrete" of Item r 421 of TxDOT Standard Specifications. f Concrete shall be reinforced using wire reinforcement. Reinforcement shall be supported properly throughout the placement to maintain its position approximately equidistant from the top and bottom surface of the slab. 11.0 Aluminum Signs (Type A) Aluminum signs shall be installed at the locations indicated on the plans or as directed by the Owner's Representative. Aluminum signs shall be made of one piece construction, made from sheet aluminum and shall have the face side reflectorized. Messages for the signs shall have clean, sharp edges with no runs or sags and shall be sufficient thickness to completely cover the background material. The signs shall be cleaned prior to inspection. The signs shall be washed with a cleaning solution acceptable to the manufacturer of the sign coating to remove grease, oil, dirt, smears, streaks, finger marks and other foreign particles prior to shop inspection and prior to final inspection, after erection. -- Signs and supporting elements shall be obtained from a manufacturer with substantial experience in the fabrication of highway signs. Size of the signs, materials, —' hardware, post, fabrication and erection shall be in strict accordance with Item 636 "Aluminum Signs (Type A)" of the TxDOT Standard Specifications. 12.0 Pavement Markings All pavement markings for parking delineation and traffic control shall be water base paint shall meet the latest revisions of TxDOT specification D-9-8200 for composition materials and manufacture of coatings. All surface preparation, application and curing procedures shall I meet TxDOT , and manufactures recommendations. 13.0 GUARANTEE The Contractor shall guarantee all the work part of this contract against any defect in materials or workmanship for a period of one (1) year from the date of acceptance. In case any such defect shall appear and is reported to the Contractor during the guarantee period, the Contractor shall make necessary repairs without charge to the Owner. 14.0 CONSTRUCTION SCHEDULE This project is expected to be completed in 30 working days from the date the Notice to Proceed is issued. Each bidder shall submit a Construction Schedule indicating the sequence of all the construction activities to be performed. Upon award of the contract, the Construction Schedule will become part of the Contract Documents.