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HomeMy WebLinkAboutResolution - 2007-R0020 - Contract - West Texas Paving Inc.- City Cemetery Entrance Road Project - 01/12/2007 (5)Resolution No. 2007-R0020 January 12, 2007 Item No. 5.18 RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the City Council of the City of Lubbock hereby authorizes and directs the Mayor of the City of Lubbock to execute a Contract by and between the City of Lubbock and West Texas Paving, Inc., of Lubbock, Texas, for the City Cemetery Entrance Road project (ITB #06-728- DD), which Contract and any associated documents, are attached hereto and made a part of this Resolution for all intents and purposes. Passed by the City Council thisl2th day of ATTEST: Re ecca Garza, City Secretary VED AS TO r January 2007. DAVIDMILLER,MAYOR Loomis int City Manager/Transportation and Public Works APPROVED AS TO FORM: DW Vand ver, ttorney o ounsel DDres/ W TpavingCem07ConRes December 27, 2006 No Text RFP# 06-728-DD, Addendum # 1 City of Lubbock PUBLIC WORKS CONTRACTING OFFICE SUITE 102, MUNICIPAL BUILDING 1625 13T" STREET LUBBOCK, TEXAS 79401 PH: (806)775-2168 FAX: (806)775-3326 http://put-chasing.ci.lubbock.tx.us DATE ISSUED: CLOSE DATE: ADDENDUM # 1 RFP # 06-728-DD City Cemetery Enhance Road November 13, 2006 November 16, 2006 @ 2:00 P.M. The following items take precedence over specifications for the above named Request for Proposals (RFP). Where any item called for in the RFP documents is supplemented here, the original requirements, not affected by this addendum, shall remain in effect. 1. In the section PROPOSAL SUBMITTAL UNIT PRICE PROPOSAL CONTRACT, page 2, Item No. 4. CHANGE to read: Standard 24" curb and gutter, City of Lubbock Class A concrete, including all subgrade preparation and jointing, furnished and installed. 2. In the section PROPOSAL SUBMITTAL UNIT PRICE PROPOSAL CONTRACT, page 3, Item No. 7. CHANGE to read: City of Lubbock, standard handicap ramps, including four foot square landings and detectable warning brick pavers, furnished and installed. 3. Bidders must submit the REVISED PROPOSAL SUBMITTAL UNIT PRICE PROPOSAL CONTRACT ATTACHED. All requests for additional information or clarification must be submitted in writing and directed to: Darlene Doss, Buyer, City of Lubbock, P.O. Box 2000, Lubbock, Texas 79457 Questions may be faxed to (806)775-3326 or Email to ddoss@Wlubbock.us. THANK YOU, CITY OF LUBBOCK Darlene Doss Buyer It is the intent and purpose of the City of Lubbock that this request permits competitive bids. It shall be the offeror's responsibility to advise the City of Lubbock Public Works Contracting Officer if any language, requirements, etc., or any combinations thereof, inadvertently restricts or limits the requirements stated in this RFP to a single source. Such notification must be submitted in writing and must be received by the Public Works Contracting Officer no later than five (5) business days prior to the bid close date. A review of such notifications will be made. RFP# 06-728-DD 1 Proposer understands that the Owner reserves the right to reject any or all proposals and to waive any formality in the proposing. The Offeror agrees that this proposal shall be good for a period of sixty (60) calendar days after the scheduled closing time for receiving proposals. The undersigned Offeror hereby declares that he has visited the site of the work and has carefully examined the plans, specifications and contract documents pertaining to the work covered by this proposal, and he further agrees to commence work on or before the date specified in the written notice to proceed, and to substantially complete the work on which he has proposed; as provided in the contract documents. Offerors are required, whether or not a payment or performance bond is required, to submit a cashier's check or certified check issued by a bank satisfactory to the City of Lubbock, or a proposal bond from a reliable surety company, payable without recourse to the order of the City of Lubbock in an amount not less than five percent (5%) of the total amount of the proposal submitted as a guarantee that offeror will enter into a contract, obtain all required insurance policies, and execute all necessary bonds (if required) within ten (10) days after notice of award of the contract to him. Enclosed with this proposal is a Cashier's Check or Certified Check for Dollars ($ ) or a Bid/Proposal 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 proposal is accepted by the Owner and the undersigned fails to execute the necessary contract documents, insurance certificates, and the required bond (if any) with the Owner within ten (10) business days after the date of receipt of written notification of acceptance of said proposal; otherwise, said check or bond shall be returned to the undersigned upon demand. Offeror understands and agrees that the contract to be executed by Offeror shall be bound and include all contract documents made available to him for his inspection in accordance with the Notice to Offerors. Pursuant to Texas Local Government Code 252.043(a), a competitive sealed proposal that has been opened may not be changed for the purpose of correcting an error in the proposal price. THEREFORE, ANY CORRECTIONS TO THE PROPOSAL PRICE MUST BE MADE ON THE PROPOSAL SUBMITTAL FORM PRIOR TO PROPOSAL OPENING. Date: Authorized Signature (Printed or Typed Name) (Seal if Offeror is a Corporation) ATTEST: Company Address Secretary City, County Offeror acknowledges receipt of the following addenda: State Zip Code Addenda No. Date Telephone: - Addenda No. Date Fax: - Addenda No. Date FEDERAL TAX ID or SOCIAL SECURITY No. Addenda No. Date M/WBE Firm: Woman Black American Native American Hispanic American Asian Pacific American Other (Specify) CITY OF LUBBOCK REQUEST FOR PROPOSALS TITLE: CITY CEMETERY ENTRANCE ROAD ADDRESS: 2011 EAST 31s'STREET, LUBBOCK, TEXAS RFP NUMBER: 06-728-DD PROJECT NUMBER: 91213 CONTRACT PREPARED BY: PUBLIC WORKS CONTRACTING OFFICE INDEX 1. NOTICE TO OFFERORS 2. GENERAL INSTRUCTIONS TO OFFERORS 3. PROPOSAL SUBMITTAL - PROPOSAL FOR UNIT PRICE CONTRACTS 4. PAYMENT BOND 5. PERFORACOICE BOND 6. CERTIFICATE OF INSURANCE 7. CONTRACT 8. GENERAL CONDITIONS OF THE AGREEMENT 9. CURRENT WAGE DETERMINATIONS 10. SPECIFICATIONS NOTICE TO OFFERORS NOTICE TO OFFERORS RFP #06-728-DD Sealed proposals addressed to Bruce MacNair, Public Works Contracting Officer, City of Lubbock, Texas, will be received in the office of the Public Works Contracting Officer, Municipal Building, 1625 13th Street, Room 102, Lubbock, Texas, 79401, until 2:00 P.M. on November 16, 2006, 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 "CITY CEMETERY ENTRANCE ROAD" After the expiration of the time and date above first written, said sealed proposals will be opened in the office of the Public Works Contracting Officer and publicly read aloud. It is the sole responsibility of the proposer to ensure that his proposal is actually in the office of the Public Works Contracting Officer for the City of Lubbock, before the expiration of the date above first written. Proposals are due at 2:00 P.M. on November 16 2006 and the City of Lubbock City Council will consider the proposals on December 19, 2006, at the Municipal Building, 1625 13th Street, Lubbock, Texas, or as soon thereafter as may be reasonably convenient, subject to the right to reject any or all proposals and waive any formalities. The successful proposer will be required to furnish a performance bond in accordance with Chapter 2253, Government Code, in the amount of 100% of the total contract price in the event that said contract price exceeds $100,000 and the successful proposer will be required to furnish a payment bond in accordance with Chapter 2253, Government Code, in the amount of 100% of the total contract price in the event that said contract price exceeds $25,000. Said statutory bonds should be issued by a company carrying a current Best Rating of B or superior. Offerors are required, whether or not a payment or performance bond is required, to submit a cashier's or certified check issued by a bank satisfactory to the City of Lubbock, or a proposal bond from a reliable surety company, payable without recourse to the order of the City of Lubbock in an amount not less than 5% of the total amount of the proposal submitted as a guarantee that proposer will enter into a contract and execute all necessary bonds (if required) within ten (10) business days after notice of award of the contract to him. FAILURE OF THE PROPOSER TO INCLUDE PROPOSAL SECURITY WITH THE PROPOSAL SUBMITTAL SHALL CONSTITUTE A NONRESPONSIVE PROPOSAL AND RESULT IN DISQUALIFICATION OF THE PROPOSAL SUBMITTAL. It shall be each proposer's sole responsibility to inspect the site of the work and to inform himself regarding all local conditions under which the work is to be done. It shall be understood and agreed that all such factors have been thoroughly investigated and considered in the preparation of the proposal submitted. There will be a non -mandatory pre- nronosal conference on November 6. 2006 at 9:00 A.M., at Citv of Lubbock Cemeterv. 2011 East 31" Street. Offerors may view the plans and specifications without charge at The Reproduction Company, 2102 Avenue Q, Lubbock, Texas 79405. ONE SET OF PLANS AND SPECIFICATIONS MAY BE OBTAINED, AT THE CITY'S EXPENSE, FROM THE REPRODUCTION COMPANY WITH A $100 REFUNDABLE DEPOSIT, http://Drr.theLoroductionco=any.com/, Phone: (806) 763-7770. Additional sets of plans and specifications may be obtained at the proposer's expense. Attention of each proposer is particularly called to the schedule of general prevailing rate of per diem wages included in the contract documents on file in the office of the Public Works Contracting Officer of the City of Lubbock, which document is specifically referred to in this notice to offerors. Each offerors attention is further directed to 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 offerors that in regard to any contract entered into pursuant to this advertisement, minority and women business enterprises will be afforded equal opportunities to submit proposals in response to this invitation and will not be discriminated against on the grounds of race, color, sex, disability, or national origin in consideration for an award. The City of Lubbock does not discriminate against persons with disabilities. City of Lubbock pre -proposal meetings and proposal openings are available to all persons regardless of disability. If you require special assistance, please contact the Public Works Contracting Office at (806) 775-2163 or write to Post Office Box 2000, Lubbock, Texas 79457 at least 48 hours in advance of the meeting. CITY OF LUBBOCK ��E BRUCE MACNAIR PUBLIC WORKS CONTRACTING OFFICER GENERAL INSTRUCTIONS TO OFFERORS GENERAL INSTRUCTIONS TO OFFERORS 1 PROPOSAL DELIVERY TIME & DATE 1.1 The City of Lubbock is seeking written and sealed competitive proposals to furnish CITY CEMETERY ENTRANCE ROAD per the attached specifications and contract documents. Sealed proposals will be received no later than 2:00 P.M. CST, November 16, 2006 at the office listed below. Any proposal received after the date and hour specified will be rejected and returned unopened to the proposer. Each proposal and supporting documentation must be in a sealed envelope or container plainly labeled in the lower left-hand corner: "RFP#06-728-DD, CITY CEMETERY ENTRANCE ROAD "and the proposal opening date and time. Offerors must also include their company name and address on the outside of the envelope or container. Proposals must be addressed to: Darlene Doss, Buyer City of Lubbock 1625 13th Street, Suite 102 Lubbock, Texas 79401 1.2 Offerors are responsible for making certain proposals are delivered to the Public Works Contracting _ Office. Mailing of a proposal does not ensure that it will be delivered on time or delivered at all. If proposer does not hand deliver proposal, we suggest that he/she use some sort of delivery service that provides a receipt. 1.3 Proposals will be accepted in person, by United States Mail, by United Parcel Service, or by private courier service. No proposals will be accepted by oral communication, telephone, electronic mail, telegraphic transmission, or telefacsimile transmission. THE CITY WILL NOT ACCEPT FAX PROPOSALS. 1.4 The City of Lubbock reserves the right to postpone the date and time for opening proposals through an addendum. 2 PRE -PROPOSAL MEETING 2.1 For the purpose of familiarizing offerors with the requirements, answering questions, and issuing addenda as needed for the clarification of the Request for Proposals (RFP) documents, a non -mandatory pre - proposal meeting will be held at 9:00 A.M., November 6th, 2006 at the City of Lubbock Cemetery, 2011 East 31", MAINTENANCE BUILDING located in the South East Section inside the Cemetery, Lubbock, Texas. All persons attending the meeting will be asked to identify themselves and the prospective proposer they represent. 2.2 It is the proposer's responsibility to attend the pre -proposal meeting though the meeting is not mandatory. The City will not be responsible for providing information discussed at the pre -proposal meeting to offerors who do not attend the pre -proposal meeting. 3 ADDENDA & MODIFICATIONS 3.1 Any changes, additions, or clarifications to the RFP are made by ADDENDA information available over -_ the Internet at http://www.RFPdgpot.com. We strongly suggest that you check for any addenda a minimum of forty-eight hours in advance of the response deadline. BUSINESSES WITHOUT INTERNET ACCESS may use computers available at most public libraries. ' 3.2 Any proposer in doubt as to the true meaning of any part of the specifications or other documents may request an interpretation thereof from the Public Works Contracting Office. At the request of the proposer, or in the event the Public Works Contracting Office deems the interpretation to be substantive, the interpretation will be made by written addendum issued by the Public Works Contracting Office. Such addenda issued by the Public Works Contracting Office will be available over the Internet at _ http://www.RFPdepot.com and will become part of the proposal package having the same binding effect as provisions of the original RFP. NO VERBAL EXPLANATIONS OR INTERPRETATIONS WILL BE BINDING. In order to have a request for interpretation considered, the request must be submitted in writing and must be received by the City of Lubbock Public Works Contracting Office no later than five (5) days before the proposal closing date. 3.3 All addenda, amendments, and interpretations of this solicitation shall be in writing. The City of Lubbock shall not be legally bound by any amendment or interpretation that is not in writing. Only information supplied by the City of Lubbock Public Works Contracting Office in writing or in this RFP should be used in preparing proposal responses. All contacts that a proposer may have had before or after receipt of this RFP with any individuals, employees, or representatives of the City and any information that may have been read in any news media or seen or heard in any communication facility regarding this proposal should be disregarded in preparing responses. 3.4 The City does not assume responsibility for the receipt of any addendum sent to offerors. 4 EXAMINATION OF DOCUMENTS AND REQUIREMENTS 4.1 Each proposer shall carefully examine all RFP documents and thoroughly familiarize itself with all requirements before submitting a proposal to ensure that their proposal meets the intent of these specifications. 4.2 Before submitting a proposal, each proposer shall be responsible for making all investigations and examinations that are necessary to ascertain conditions and requirements affecting the requirements of this Request for Proposals. Failure to make such investigations and examinations shall not relieve the proposer from obligation to comply, in every detail, with all provisions and requirements of the Request for Proposals. 4.3 Notices of any discrepancies or omissions in these plans, specifications, or contract documents, shall be given to the Public Works Contracting Officer and a clarification obtained before the proposals are received, and if no such notice is received by the Public Works Contracting Officer prior to the opening of proposals, then it shall be deemed that the proposer fully understands the work to be included and has provided sufficient sums in its proposal to complete the work in accordance with these plans and specifications. If proposer does not notify the Public Works Contracting Officer before offering of any discrepancies or omissions, then it shall be deemed for all purposes that the plans and specifications are sufficient and adequate for completion of the project. It is further agreed that any request for clarification must be submitted no later than five (5) calendar days prior to the opening of proposals. 5 PROPOSAL PREPARATION COSTS 5.1 Issuance of this RFP does not commit the City of Lubbock, in any way, to pay any costs incurred in the preparation and submission of a proposal. 5.2 The issuance of this RFP does not obligate the City of Lubbock to enter into contract for any services or equipment. 5.3 All costs related to the preparation and submission of a proposal shall be paid by the proposer. 6 TRADE SECRETS CONFIDENTIAL INFORMATION AND THE TEXAS PUBLIC INFORMATION ACT 6.1 If you consider any portion of your proposal to be privileged or confidential by statute or judicial decision, including trade secrets and commercial or financial information, clearly identify those portions. 6.2 The City of Lubbock will honor your notations of trade secrets and confidential information and decline to release such information initially, but please note that the final determination of whether a particular portion of your proposal is in fact a trade secret or commercial or financial information that may be withheld from public inspection will be made by the Texas Attorney General or a court of competent jurisdiction. In the event a public information request is received for a portion of your proposal that you have marked as being confidential information, you will be notified of such request and you will be _ required to justify your legal position in writing to the Texas Attorney General pursuant to Section 552.305 of the Government Code. In the event that it is determined by opinion or order of the Texas Attorney General or a court of competent jurisdiction that such information is in fact not privileged and confidential under Section 552.110 of the Government Code and Section 252.049 of the Local Government Code, then such information will be made available to the requester. 6.3 Marking your entire proposal CONFIDENTIAL/PROPRIETARY is not in conformance with the Texas Open Records Act. 7 LICENSES PERMITS TAXES The price or prices for the work shall include full compensation for all taxes, permits, etc. that the proposer is or may be required to pay. 8 UTILIZATION OF LOCAL BUSINESS RESOURCES Prospective offerors are strongly encouraged to explore and implement methods for the utilization of local resources, and to outline in their proposal submittal how they would utilize local resources. 9 CONFLICT OF INTEREST 9.1 The proposer shall not offer or accept gifts or anything of value nor enter into any business arrangement with any employee, official or agent of the City of Lubbock. - 9.2 By signing and executing this proposal, the proposer certifies and represents to the City the offeror has not offered, conferred or agreed to confer any pecuniary benefit or other thing of value for the receipt of special treatment, advantage, information, recipient's decision, opinion, recommendation, vote or any other exercise of discretion concerning this proposal. 10 CONTRACT DOCUMENTS 10.1 All work covered by the contract shall be done in accordance with contract documents described in the General Conditions. 10.2 All offerors shall be thoroughly familiar with all of the requirements set forth on the contract documents for the construction of this project and shall be responsible for the satisfactory completion of all work contemplated by said contract documents. 11 PLANS FOR USE BY OFFERORS It is the intent of the City of Lubbock that all parties with an interest in submitting a proposal on the project covered by the contract documents be given a reasonable opportunity to examine the documents and prepare a proposal without charge or forfeiture of deposit. The contract documents may be examined without charge as noted in the Notice to Offerors. 12 PROPOSER INQUIRIES AND CLARIFICATION OF REQUIREMENTS 12.1 It is the intent and purpose of the City of Lubbock that this request permits competitive proposals. It shall be the offerors responsibility to advise the Public Works Contracting Officer if anv lanp-ua2e, requirements, etc., or anv combinations thereof, inadvertently restricts or limits the requirements stated in this RFP to a single source. Such notification must be submitted in writing and must be received by the City of Public Works Contracting Office no later than five (5) calendar days before the proposal closing date. A review of such notifications will be made. 12.2 NO PROPOSER SHALL REQUEST ANY INFORMATION VERBALLY. ALL REQUESTS FOR ADDITIONAL INFORMATION OR CLARIFICATION CONCERNING THIS REQUEST FOR PROPOSALS (RFP) MUST BE SUBMITTED IN WRITING NO LATER THAN FIVE (5) CALENDAR DAYS PRIOR TO THE PROPOSAL CLOSING DATE AND ADDRESSED TO: Darlene Doss, Buyer City of Lubbock Public Works Contracting Office 1625 131h Street, Suite 102 Lubbock, Texas 79401 Fax: 806-775-3326 or 806-767-2275 Email: ddoss@mylubbock.us RFPDepot: http://www.RFPdepot.com 13 TIME AND ORDER FOR COMPLETION 13.1 The construction covered by the contract documents shall be substantially completed within THIRTY (30) WORKING DAYS from the date specified in the Notice to Proceed issued by the City of Lubbock to the successful proposer. 13.2 The Contractor will be permitted to prosecute the work in the order of his own choosing, provided, however, the City reserves the right to require the Contractor to submit a progress schedule of the work contemplated by the contract documents. In the event the City requires a progress schedule to be submitted, and it is determined by the City that the progress of the work is not in accordance with the progress schedule so submitted, the City may direct the Contractor to take such action as the City deems necessary to ensure completion of the project within the time specified. 14 PAYMENT All payments due to Contractor shall be made in accordance with the provisions of the General Conditions of the contract documents. 15 AFFIDAVITS OF BILLS PAID The City of Lubbock reserves the right, prior to final acceptance of this project to require the Contractor to execute an affidavit that all bills for labor, materials and incidentals incurred in the construction of the improvements contemplated by the contract documents have been paid in full and that there are no claims pending, of which the Contractor has been notified. 16 MATERIALS AND WORKMANSHIP The intent of these contract documents is that only materials and workmanship of the best quality and grade will be furnished. The fact that the specifications may fail to be sufficiently complete in some detail will not relieve the Contractor of full responsibility for providing materials of high quality and for protecting them adequately until incorporated into the project. The presence or absence of a representative of the City on the site will not -. relieve the Contractor of full responsibility of complying with this provision. The specifications for materials and methods set forth in the contract documents provide minimum standards of quality, which the Owner believes necessary to procure a satisfactory project. -' 17 GUARANTEES 17.1 All equipment and materials incorporated in the project and all construction shall be guaranteed against defective materials and workmanship. Prior to final acceptance, the Contractor shall furnish to the Owner, a written general guarantee which shall provide that the Contractor shall remedy any defects in the work, and pay for any and all damages of any nature whatsoever resulting in such defects, when such defects appear within ONE year from date of final acceptance of the work as a result of defective materials or workmanship, at no cost to the Owner (City of Lubbock). 17.2 Notwithstanding any provisions contained in the contractual agreement, the Contractor represents and warrants fault -free performance and fault -free result in the processing date and date -related data (including, but not limited to calculating, comparing and sequencing) of all hardware, software and firmware products delivered and services provided under this Contract, individually or in combination, as the case may be from the effective date of this Contract. Also, the Contractor warrants calculations will be recognized and accommodated and will not, in any way, result in hardware, software or firmware failure. The City of Lubbock, at its sole option, may require the Contractor, at any time, to demonstrate the procedures it intends to follow in order to comply with all the obligations contained herein. 17.3 The obligations contained herein apply to products and services provided by the Contractor, its sub- contractor or any third party involved in the creation or development of the products and services to be delivered to the City of Lubbock under this Contract. Failure to comply with any of the obligations contained herein, may result in the City of Lubbock availing itself of any of its rights under the law and under this Contract including, but not limited to, its right pertaining to termination or default. 17.4 The warranties contained herein are separate and discrete from any other warranties specified in this Contract, and are not subject to any disclaimer of warranty, implied or expressed, or limitation to the Contractor's liability which may be specified in this Contract, its appendices, its schedules, its annexes or any document incorporated in this Contract by reference. 18 PLANS FOR THE CONTRACTOR The contractor will, upon written request, be furnished up to ten sets of plans and specifications and related contract documents for use during construction. Plans and specifications for use during construction will only be furnished directly to the Contractor. The Contractor shall then distribute copies of plans and specifications to suppliers, subcontractors or others, as required for proper prosecution of the work contemplated by the Contractor. 19 PROTECTION OF THE WORK The Contractor shall be responsible for the care, preservation, conservation, and protection of all materials, supplies, machinery, equipment, tools, apparatus, accessories, facilities, and all means of construction, and any and all parts of the work whether the Contractor has been paid, partially paid, or not paid for such work, until the date the City issues its certificate of completion to Contractor. The City reserves the right, after the proposals have been opened and before the contract has been awarded, to require of a proposer the following information: (a) The experience record of the proposer showing completed jobs of a similar nature to the one covered by the intended contract and all work in progress with bond amounts and percentage completed. (b) A sworn statement of the current financial condition of the proposer. (c) Equipment schedule. 20 TEXAS STATE SALES TAX 20.1 This contract is issued by an organization which qualifies for exemption provisions pursuant to provisions of Article 20.04 of the Texas Limited Sales, Excise and Use Tax Act. 20.2 The Contractor must obtain a limited sales, excise and use tax permit which shall enable him to buy the materials to be incorporated into the work without paying the tax at the time of purchase. 21 PROTECTION OF SUBSURFACE LINES AND STRUCTURES It shall be the Contractor's responsibility to prosecute the work contemplated by the contract documents in such a -- way as to exercise due care to locate and prevent damage to all underground pipelines, utility lines, conduits or other underground structures which might or could be damaged by Contractor during the construction of the project contemplated by these contract documents. The City of Lubbock agrees that it will furnish Contractor the _ r location of all such underground lines and utilities of which it has knowledge. However, such fact shall not relieve the Contractor of his responsibilities aforementioned. All such underground lines or structures cut or damaged by Contractor during the prosecution of the work contemplated by this contract shall be repaired immediately by Contractor to the satisfaction of the City of Lubbock, Texas, at Contractor's expense. 22 BARRICADES AND SAFETY MEASURES The contractor shall, at his own expense, furnish and erect such barricades, fences, lights and danger signals, and shall take such other precautionary measures for the protection of persons, property and the work as may be necessary. The Contractor will be held responsible for all damage to the work due to failure of barricades, signs, and lights to protect it, and when damage is incurred, the damaged portion shall be immediately removed and replaced by Contractor at his own cost and expense. The Contractor's responsibility for maintenance of barricades, signs, and lights shall not cease until the date of issuance to Contractor of City's certificate of acceptance of the project. 23 EXPLOSIVES 23.1 The use of explosives will not be permitted unless written permission to do so is obtained by the Contractor from the City. In all cases where written permission is obtained for the use of explosives, the Contractor shall assume full responsibility for all damage, which may occur as a direct or indirect result of the blasting. In addition, in all cases where explosives are authorized to be used, the Contractor shall use utmost care so as not to endanger life or property and the Contractor shall further use only such methods as are currently utilized by persons, firms, or corporations engaged in similar type of construction activity. 23.2 Explosive materials shall not be stored or kept at the construction site by the Contractor. _. 23.3 In all cases where explosives are to be used during the construction of the project contemplated by this contract, it shall be the duty of the Contractor to notify each utility company having structures (above or below the ground) in proximity to the site of the work of Contractor's intention to use explosives, and such notice shall be given sufficiently in advance to enable the companies to take such steps as they may deem necessary to protect their property from injury. Such notice, however, shall not relieve the Contractor of responsibility for any damage resulting from his blasting operations. 24 CONTRACTOR'S REPRESENTATIVE The successful proposer shall be required to have a responsible local representative available at all times while the work is in progress under this contract. The successful proposer shall be required to furnish the name, address and telephone number where such local representative may be reached during the time that the work contemplated by this contract is in progress. 25 INSURANCE 25.1 The Contractor shall not commence work under this contract until he has obtained all insurance as required in the General Conditions of the contract documents, from an underwriter authorized to do business in the State of Texas and satisfactory to the City. Proof of coverage shall be furnished to the City and written notice of cancellation or any material change will be provided ten (10) days in advance of cancellation or change. All policies shall contain an agreement on the part of the insurer waiving the right to subrogation. The Contractor shall procure and carry at his sole cost and expense through the life of this contract, insurance protection as hereinafter specified. Coverage in excess of that specified herein also shall be acceptable. Such insurance shall be carried with an insurance company authorized to transact business in the State of Texas and shall cover all operations in connection with this contract, whether performed by the Contractor or a subcontractor, or separate policies shall be provided covering the operation of each subcontractor. A certificate of insurance specifying each and all coverages shall be submitted before contract execution. 25.2 PROOF OF COVERAGE SHALL BE FURNISHED TO THE CITY OF LUBBOCK IN THE FORM OF A CERTIFICATE OF INSURANCE. THE INSURANCE CERTIFICATES FURNISHED SHALL NAME THE CITY OF LUBBOCK AS A PRIMARY ADDITIONAL INSURED AND PROVIDE A WAIVER OF SUBROGATION IN FAVOR OF THE CITY OF LUBBOCK AS REQUIRED BELOW, OR IN THE ALTERNATIVE, SHALL BE ACCOMPANIED BY A STATEMENT FROM THE CONTRACTOR TO THE EFFECT THAT NO WORK ON THIS PARTICULAR PROJECT SHALL BE SUBCONTRACTED. IT SHALL BE THE CONTRACTOR'S RESPONSIBILITY TO PROVIDE TO THE OWNER ALL PROOF OF COVERAGE INSURANCE DOCUMENTS INCLUDING WORKERS COMPENSATION COVERAGE FOR EACH SUBCONTRACTOR. -- 26 LABOR AND WORKING HOURS 26.1 Attention of each proposer is particularly called to the schedule of general prevailing rate of per diem wages included in these contract documents. The wage rate that must be paid on this project shall not be less than specified in the schedule of general prevailing rates of per diem wages as above mentioned. The proposer' attention is further directed to the requirements of Article 5159a, Vernon's Annotated Civil Statutes providing for the payment of the wage schedules above mentioned and the proposer's 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 work under this contract requiring an inspector will not be performed on weekends or .. holidays unless the following conditions exist: 26.1.1 The project being constructed is essential to the City of Lubbock's ability to provide the necessary service to its citizens. 26.1.2 Delays in construction are due to factors outside the control of the Contractor. The Contractor is approaching the penalty provisions of the contract and Contractor can show he has made a diligent effort to complete the contract within the allotted time. 26.2 Before construction work requiring an inspector is to be performed on weekends or holidays, the Contractor must notify the Owner's Representative not less than three full working days prior to the weekend or holiday he desires to do work and obtain written permission from the Owner's Representative to do such work. The final decision on whether to allow construction work requiring an inspector on weekends or holidays will be made by the Owner's Representative. 26.3 In any event, if a condition should occur or arise at the site of this project or from the work being done under this contract which is hazardous or dangerous to property or life, the Contractor shall immediately commence work, regardless of the day of the week or the time of day, to correct or alleviate such condition so that it is no longer dangerous to property or life. 27 PAYMENT OF EMPLOYEES AND FILING OF PAYROLLS The contractor and each of his subcontractors shall pay each of his employees engaged in work on the project under this contract in full (less mandatory legal deductions) in cash, or by check readily cashable without discount, not less often than once each week. The Contractor and each of his subcontractors engaged at the site of the work shall not later than the seventh day following the payment of wages, file with the Owner's Representative, or Engineer, a certified, sworn, legible copy of such payroll. This shall contain the name of each employee, his classification, the number of hours worked on each day, rate of pay, and net pay. The affidavit shall state that the copy is a true and correct copy of such payroll, that no rebates or deductions (except as shown) have been made, or will in the future be made from the wages paid as shown thereon. The Contractor must classify employees according to one of the classifications set forth in the schedule of general prevailing rate of per diem wages, which schedule is included in the contract documents. The Contractor shall forfeit as a penalty to the City of Lubbock on whose behalf this contract is made, 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. 28 PROVISIONS CONCERNING ESCALATION CLAUSES Proposals submitted containing any conditions which provide for changes in the stated proposal price due to increases or decreases in the cost of materials, labor or other items required for the project will be rejected and returned to the proposer without being considered. 29. PREPARATION FOR PROPOSAL 29.1 The proposer shall submit his proposal on forms furnished by the City. All blank spaces in the form shall be correctly filled in and the proposer shall state the price both in words and numerals, for which he intends to do the work contemplated or furnish the materials required. Such prices shall be written in ink, distinctly and legibly, or typewritten. In case of discrepancy between the price written in words and the price written in figures, the price written in words shall govern. 29.2 If the proposal is submitted by an individual, his name must be signed by him or his duly authorized agent. If a proposal is submitted by a firm, association, or partnership, the name and address of each member must be given and the proposal signed by a member of the firm, association or partnership, or person duly authorized. If the proposal is submitted by a company or corporation, the company or corporate name and business address must be given, and the proposal signed by an official or duly authorized agent. Powers of attorney authorizing agents or others to sign proposals must be properly certified and must be in writing and submitted with the proposal. The proposal shall be executed in ink. 29.3 Each proposal shall be enclosed in a sealed envelope, addressed as specified in the Notice to Offerors, and endorsed on the outside of the envelope in the following manner: 28.3.1 Proposer's name 28.3.2 Proposal for (description of the project). 29.4 Proposal submittals may be withdrawn and resubmitted at any time before the time set for opening of the proposals, but no proposal may be withdrawn or altered thereafter. 29.5 Pursuant to Texas Local Government Code 252.043(g), a competitive sealed proposal that has been opened may not be changed for the purpose of correcting an error in the proposal price. THEREFORE, ANY CORRECTIONS TO THE PROPOSAL PRICE MUST BE MADE ON THE PROPOSAL SUBMITTAL FORM PRIOR TO PROPOSAL OPENING. 30 BOUND COPY OF CONTRACT DOCUMENTS Proposer understands and agrees that the contract to be executed by proposer shall be bound and include the following: (a) Notice to Offerors. (b) General Instructions to Offerors. (c) Proposer's Submittal. (d) Statutory Bond (if required). (e) Contract Agreement. (f) General Conditions. (g) Special Conditions (if any). (h) Specifications. W Insurance Certificates for Contractor and all Sub -Contractors. (j) All other documents made available to proposer for his inspection in accordance with the Notice to Offerors. If Plans and Specifications are too bulky or cumbersome to be physically bound, they are to be considered incorporated by reference into the aforementioned contract documents. 30 OUALIFICATIONS OF OFFERORS The proposer may be required before the award of any contract to show to the complete satisfaction of the City of Lubbock that it has the necessary facilities, ability, and financial resources to provide the service specified therein in a satisfactory manner. The proposer may also be required to give a past history and references in order to satisfy the City of Lubbock about the proposer's qualifications. The City of Lubbock may make reasonable investigations deemed necessary and proper to determine the ability of the proposer to perform the work, and the proposer shall furnish to the City of Lubbock all information for this purpose that may be requested. The proposer's proposal may be deemed not to meet specifications or the proposal may be rejected if the evidence submitted by, or investigation of, the proposer fails to satisfy the City of Lubbock that the proposer is properly qualified to carry out the obligations of the contract and to complete the work described therein. Evaluation of the proposer's qualifications shall include but not be limited to: (a) The ability, capacity, skill, and financial resources to perform the work or provide the service required. (b) The ability of the proposer to perform the work or provide the service promptly or within the time specified, without delay or interference. (c) The character, integrity, reputation, judgment, experience, and efficiency of the proposer. (d) The quality of performance of previous contracts or services. (e) The safety record of the Contractor and proposed Sub -Contractors Before contract award, the recommended contractor for this project may be required to show that he has experience with similar projects that require the Contractor to plan his work efforts and equipment needs with City of Lubbock specifications in mind. Demonstration of experience shall include a complete list of ALL similar municipal and similar non -municipal current and completed projects for the past three (3) years for review. This list shall include the names of supervisors and type of equipment used to perform work on these projects. In addition, the Contractor may be required to provide the name(s) of supervisor(s) that will be used to perform work on this project in compliance with City of Lubbock specifications herein. 32 BASIS OF PROPOSALS AND SELECTION CRITERIA The City of Lubbock will use the Competitive Sealed Proposals procurement method as authorized by the Texas Legislature and further deemed by Texas Local Government Code Section 271.116. The selection criteria used to evaluate each proposal will include the following: 32.1 40% Price. 32.2 15% Resume and references of proposed job superintendent. City shall have an opportunity to interview the job superintendent at a time to be named after receipt of proposals. 32.3 15% List of potential items from proposer that could reduce the cost of work, but result in the same end product. List shall include suggestions of materials/assemblies, etc. 32.4 5% Insurance claims and litigation during the last three years. 32.5 10% Construction time. 32.6 10% List of subcontractors — DUE WITHIN 2 BUSINESS DAYS AFTER OPENING. j 32.7 5% Contractor phasing options which may shorten construction time or minimize disruptions to City operations without increasing proposal amount. The estimated budget for the construction phase of this project is $220,000. Proposals shall be made using the enclosed Proposal Submittal Form. 33. SELECTION 33.1 Selection shall be based on the responsible offeror whose proposal is determined to be the most advantageous to the City of Lubbock considering the relative importance of evaluation factors included in this RFP. 33.2 NO INDIVIDUAL OF ANY USING DEPARTMENT HAS THE AUTHORITY TO LEGALLY AND/OR FINANCIALLY COMMIT THE CITY TO ANY CONTRACT, AGREEMENT OR PURCHASE ORDER FOR GOODS OR SERVICES, UNLESS SPECIFICALLY SANCTIONED BY THE REQUIREMENTS OF THIS REQUEST FOR PROPOSAL. 33.3 The City shall select the offeror that offers the best value for the City based on the published selection criteria and on its ranking evaluation. The City shall first attempt to negotiate a contract with the selected offeror. The City and its engineer or architect may discuss with the selected offeror options for a scope or time modification and any price change associated with the modification. If the City is unable to negotiate a contract with the selected offeror, the City shall, formally and in writing, end negotiations with that offeror and proceed to the next offeror in the order of the selection ranking until a contract is reached or all proposals are rejected. 33.4 In determining best value for the City, the City is not restricted to considering price alone, but may consider any other factor stated in the selection criteria. TEXAS LOCAL GOVERNMENT CODE & 271.116 SELECTING CONTRACTOR FOR CONSTRUCTION SERVICES THROUGH COMPETITIVE SEALED PROPOSALS § 271.116. SELECTING CONTRACTOR FOR CONSTRUCTION SERVICES THROUGH COMPETITIVE SEALED PROPOSALS. (a) In selecting a contractor through competitive sealed proposals for construction, rehabilitation, alteration, or repair services for a facility or for construction of a project to which Section 252.043(d-1) applies, a governmental entity shall follow the procedures prescribed by this section. (b) The governmental entity shall select or designate an engineer or architect to prepare construction documents for the project. The selected or designated engineer or architect has full responsibility for complying with Chapter 1001 or 1051, Occupations Code, as applicable. If the engineer or architect is not a full-time employee of the governmental entity, the governmental entity shall select the engineer or architect on the basis of demonstrated competence and qualifications as provided by Section 2254.004, Government Code. (c) The governmental entity shall provide or contract for, independently of the contractor, the inspection services, the testing of construction materials engineering, and the verification testing services necessary for acceptance of the facility or project by the governmental entity. The governmental entity shall select those services for which it contracts in accordance with Section 2254.004, Government Code, and shall identify them in the request for proposals. (d) The governmental entity shall prepare a request for competitive sealed proposals that includes construction documents, selection criteria, estimated budget, project scope, schedule, and other information that contractors may require to respond to the request. The governmental entity shall state in the request for proposals the selection criteria that will be used in selecting the successful offeror. (e) The governmental entity shall receive, publicly open, and read aloud the names of the offerors and, if any are required to be stated, all prices stated in each proposal. Not later than the 45th day after the date of opening the proposals, the governmental entity shall evaluate and rank each proposal submitted in relation to the published selection criteria. (f) The governmental entity shall select the offeror that offers the best value for the governmental entity based on the published selection criteria and on its ranking evaluation. The governmental entity shall first attempt to negotiate a contract with the selected offeror. The governmental entity and its engineer or architect may discuss with the selected offeror options for a scope or time modification and any price change associated with the modification. If the governmental entity is unable to negotiate a contract with the selected offeror, the governmental entity shall, formally and in writing, end negotiations with that offeror and proceed to the next offeror in the order of the selection ranking until a contract is reached or all proposals are rejected. (g) In determining best value for the governmental entity, the governmental entity is not restricted to considering price alone, but may consider any other factor stated in the selection criteria. PROPOSAL SUBMITTAL 11/14/2006 13:24 8067637770 THE!REPRO CO PAGE 02 *** REVISED*** PROPOSAL SUBMITTAL UNIT PRICE PROPOSAL CONTRACT DATE: / \I O 11 �p p�Z F� (0 PRO.IECT P Proposal of To the Honorable Mayor and City Council City of Lubbock, Texas (hereinafter called Owner) Ladies and Gentlemen: called Proposer) The Offeror, in compliance with your Request for Proposals for the construction of a City Cemetery Entrance Road having carefully examined the plans, specifications, instructions to offerors, notice to offerors and all other related contract documents and the site of the intended work, and being familiar with all of the conditions surrounding the construction of the intended project including the availability of materials and labor, hereby intends to furnish all labor, 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. Estimated Item Quantity No. & Unit Description of Item Total Amount 1. I Boo SY MATERIALS: - LABOR:� TOTAL ITEM ill ( Unit Pnct An Standard City of Lubbock asphalt paving, Type D. including 1 1/2" HMAC, 6" clichk base, all excavation and fill. Subgrade preparation, furnished and installed complete. �9 / G f d L L.�r A IC3 S 11 /SY( Vito 3 1 EEn/ Po LLp IDS s / O n in both words and munuWs. to caw of dwrepa y, the amount shown in words 1 em.) 2. 56 SY 6" Portland cement concrete valley gutter. City of Lubbock Class C concrete, including subgrade preparation, reinforcement and jointing. MATERIALS: *-f /!t T 51� �`"� F a 1-1-,q oes S 3 /SY( 1160 ) LABOR: —t1412 tti Ff V %O C- 4. AK s 3s /SY( TOTAL ITEM #2: �:Cf AJ "Ll/ DOC t.-nX-5- s 70 /SY( I,� 1 (Unit Priee Amoums shad be shown m both ds and m►merals. In caw of diampancy. the amount shown in words steal! ern.) LA" Offeror's Initials 11/14/2006 13:24 8067637770 THE!REPRO CO PAGE 03 Estimated Item Quantity No. do Unit Nscription of Item Total Amount 3. 30 SY Type D HMAC paving repau at street and driveway, including all subgrade preparation. w MATERIALS: -71Gy&N7%te Ste'%_/SY( 7 -b ) LABOR: Al T.l� F'/'U- y /SY( i 0" ) TOTAL ITEM #3:__ ��,� L—L. i� �t3 SV D _ /SY( (Unit Price Amounts i be in wordy and numerals. in can of discrepancy. the amount "Wn in words stual govem_ ) 4. 1,100 LF Standard 24" curb and gutter, City of Lubbock Class A concrete, including all subgrade preparation, furnished and installed. MATERIALS: �5"EU N aLi—AA-S S 7 � /LFL 7'7'Oa'• } LABOR: 0 L L-,* R--s S ,% /LF( 77o O ) TOTAL ITEM #4: E OL 4. i7—f $ i17 lLF( (Unit Price Amounts shall be shown in both words wd numeraia. in sue of disuepattty, the amount drown in words It g*cm ) 5. 2 EA Brick planter boxes, including brick to match existing masonry at West cemetery entrance, concrete footings, steel reinforcement, steel lettering indicated on plans. MATERIALS: a Ate %f f- UXA Nb S G a614 /EA(DO ) LABOR: i7K 71A" t,t S 4tg-D S f W /EA(0U Oct ) TOTAL ITEM #5: flu d 7-/�f-a U.Sfr/V s 2 b oo /EA( :D D 0 ) (Unit Price Atttotmts shill be shown in both words and numerals. In cast: of discreptutey, the wituant shown in words shall govern.) 6. 1 LS Chain link fence adjustment including removal of approximately 90 linear feet of existing chain link fence section, installation of two schedule 40 terminal posts set in concrete with diagonal brace and repair 3 strand barbed wire top. up MATERIALS: l N 6 fit t,0 4" DW-1- 4-� $ l �/LS( Q D Q " ) LABOR: JyI& H-CtA/DRF'p DOL(-A" S g006 /LS( 90) ' • ) TOTAL ITEM #6: /7t 7Cf/V t�u N D RZ:b ( r 4f6 J/LS( D DC7 ) (Una Price Amow is stall be shown in both words and r mtenls. in can of discrepancy, the amount shown at words 81WI gavem.) Offeror's Initials 11/14/2006 13:24 8067637770 THE!REPRO CO PAGE 04 Estimated Item Quantity No. & Unit Description of Item Total Amount 7. 2 EA City of Lubbock handicap ramps, including four foot square landings and detectable warning brick pavers, furnished and installed. MATERIALS: TW Q L U is kk& N n iie;D /J'C L4-A R-1 S Lb c - /EA a o' LABOR: i'W E L U E tkA A1.D 2t3 b b LL,&tj /EA( 2 t'G 0 ) a V; TOTAL ITEM #7: a&N'GG/ FQZLC. MA Al nA-0 Qb&daA,(& $ /EA( (Unit Prim Amours shall be shown ) both words and numerals. In case of discrepamy, the amour shown in words shall4pvirtnj S. I LS 6" Portland cement concrete driveway, City of Lubbock class C concrete, including reinforcement and subgrade preparation. MATERIALS: Flifr 66W ffY-6-RUV bCLL 4A $ 1506- ILS( ZS'00" ) LABOR: 1EXEC" „6.14 N D AzZ bo Ll -Aim $1106", /LS() 0 0�� ) _`.040 TOTAL ITEM#8:7F0u-3ArlD DW-166" $�3!z) /1��`� (Unit Pace Amounts shall be shown in both words and numerals. In case of discrepancy, the amount shown in words I govern.) 9. 130 LF Remove and legally dispose of existing curb and gutter, including any remaining miscellaneous concrete, and all necessary incidentals to complete work. MATERIALS: %V 0 AL /LF( (j } LABOR: �l F T�Eiy Do t-LA/�-S s ISb6 /LF( 115 0 ) r . TOTAL ITEM #9: /� FTE J bo L c-A AJ $ /-S0a �( (Unit Price Antormts shale be shown in both words and numerals In can of discrepancy, the amount shown in words ball jwern) 10. 915 SF 4" Portland cement concrete sidewalk, City of Lubbock class A concrete, including all subgrade. MATERIALS: F0 LA, t4 /Z.S $ /$F( 341 o ) LABOR: F 0 U..h- r> 0 L L A P-S ---S a' ISF(3640 } TOTAL ITEM #10: �` � � i4-r DoL LrA jt S S /SF( 7 ) (Unit Price Amounts shall be shown in both words and numerals- in sate of dixrepancy, the amotsn shown in words I govern y Offeror's Initial 11/14/2006 13:24 8067637770 THE!REPRO CO PAGE 05 Estimated item Quantity No. & Unit Description of Item Total Amount H . 12 EA Remove existing trees, including disposal, and backfill. MATERIALS: S O /EA( p �} LABOR: 71490C HMN404ED o(_G&i3 Se30� /Ee4t, 13a } TOTAL ITEM #I I: (Unit Price Amounts 12. 1 LS shown in both surds and numerals. In on of dis-cmParsy, the amount shown in words shall govem. ) Installation, maintenance and subsequent removal and disposal of storm water pollution prevention plan devices and materials consisting of two sandbags in the gutter on both sides of Canyon Lakes road 50' either side of centerline of the proposed cemetery road. MATERIALS: ON G -TN' O U—S.4Nj .i7> !~ t...Arh+s S_O a j �ILS( ! as o ) LABOR: DIV AF '7"t�Fo_(tSA9A (� c LLh IV S I �oJw 1LS( 1�dJ ) TOTAL ITEM #I2: WO �E�D ..A 0 D 04Arp s _,J)b0 /Ls( 124-2.66 } (Unit PrMX Amaatts shall be shown in both wards and numerals. In am of discrepancy. the amount shown in wards shall govem- ) TOTAL PROPOSAL, ITEMS #1- #12: MATERIALS:]'" UZy5/.V T"HoULS,knts 'tW0 tH4NDOO i,JCU 01&%43�a 7o LABOR:& A-z y otji no (emiu o o/s -w7 Y*oypaa t '7weiw+ k Pswoses s y ��•2. TOTAL PROPOSAL - - 0a ITEMS #1 - #12:SEVcf4ZN Alfa Z Z:_H0 tJ,4t/A V/KWC-ry DOWAAS S�--i (Unit Price Amounts shall be in both words and numerals In case of duerepaney, amh�e tiM drown in words s govern. ) Proposer 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 substantially complete the project within Days (Completed by Contractor) t "r (Writtes Daye Can DWed by Contractor)) consecutive calendar days thereafWr as stipulated in the specifications and other contract documents. Proposer hereby further agrees to pay to Owner as liquidated damages the sum of S25 (TWENTY-FIVE) for each consecutive calendar day In excess of the time set forth herein above for completion of this project all as more fully set forth in the general conditions of the contract documents. Proposer understands and agrees that this proposal submittal shall be completed and submitted in accordance with instruction number 29 of the General instructions to Offerors. < Offeror's Initials 11/14/2006 13:24 8067637770 THE!REPRO CO PAGE 06 Proposer understands that the Owner reserves the right to reject any or all proposals and to waive any formality in the proposing. The Offeror agrees that this proposal shall be good for a period of sixty (60) calendar days after the scheduled closing time for receiving proposals. The undersigned Offeror hereby declares that he has visited the site of the work and has carefully examined the plans, specifications and contract documents pertaining to the work covered by this proposal, and he further agrees to commence work on or before the date specified in the written notice to proceed, and to substantially complete the work on which he has proposed; as provided in the contract documents. Offerors are required, whether or not a payment or performance bond is required, to submit a cashier's check or certified check issued by a bank satisfactory to the City of Lubbock, or a proposal bond from a reliable surety company, payable without recourse to the order of the City of Lubbock in an amount not less than five percent (50/6) of the total amount of the proposal submitted as a guarantee that offeror will enter into a contract, obtain all required insurance policies, and execute all necessary bonds (if required) within ten (10) days after notice of award of the contract to him. Enclosed with this proposal is a Cashiers he Check for Dollars (S _ _ I IF a Bid/Proposal Bon in the sum of Dollars (S ), w shall be collected and retained by the Owner as liquidated damages in the event the proposal is accepted by the Owner and the undersigned fails to execute the necessary contract documents, insurance certificates, and the required bond (if any) with the Owner within ten (I0) business days after the date of receipt of written notification of acceptance of said proposal; otherwise, said check or bond shall be returned to the andersigaed upon demand. Offeror understands and agrees that the contract to be executed by Offeror shall be bound and include all contract documents made available to him for his inspection in accordance with the Notice to Offerors. Pursuant to Texas Local Government Code 252.043(a), a competitive sealed proposal that has beep opened may not be ebanged for the purpose of eorreethg an error in the proposal prig THEREFORE, ANY CORRECTIONS TO THE PROPOSAL PRICE MUST BE MADE ON THE PROPOSAL SUBMITTAL FORM PRIG TO PROPOSAL OPENING. (Seal if Offeror is a Corporation) ATTEST: Secretary Offeror acknowledges receipt of the following addenda: Addenda No. _�_ Date- -i .s loj� Addenda No. Date Addenda No. Date Addenda No. Date mfwBl; Firm: 1"1-�i4 R.R-"4--' 1j 4ftKN 11 & t rj (Printed or Typed Name) & T-- �SA-s PA 0 41'j 6 CT-T 13 c'x Ly g Cam, ,k19 County /, State Zip de Telephone: 3 r SS a Fax: Eli 3 FEDERAL TAX ID or SOCIAL SECURITY No. ISaoz- 91ZZ INSURANCE REQUIREMENT AFFIDAVIT To Be Completed by Offeror and Agent And Attached to Proposal Submittal 1, the undersigned Offeror, certify that the insurance requirements er.If Icontainedawarded this contract by the City of Lubl reviewed by me with the below identified Insurance Agent/Bro such award by , I will be able to, within ten (10) business days after being notified of fined in this proposal.e City of Lubbock, furnish a insurance certificate to the City meeting all of the requirements CONTRACTOR'S FIRM ADDRESS: (Print or Type) >(). � l"R 9 O C.k Name of Agent/Broker: FD/29 c�IvS is L'a Agent / Broker (Signature) Address of Agent/Broker: /Z' pf AND V C/- A- .City/State Agent/Broker Telephone Number: ( Q `) Date: /(��6w6 t7l L NOTE TO CONTRACTOR , .L__ __, ..,.yea anti Au If the time requirement specified above is not met, the City has the rig contract to another contractor. If you have any questions concerning these requirements, please contact th nFf4,Par fnr the Citv of Lubbock at (806) 775-2163. �I VV v116n PROPOSAL #06-728-DD — City Cemetery Entrance Road 6 SAFETY RECORD QUESTIONNAIRE (Must Be Submitted With Proposal Submittal) The City of Lubbock City Council desires to avail itself of the benefits of Section 252.0435 of the Local Government Code, and consider the safety records of potential contractors prior to awarding proposals on City contracts. Pursuant to Section 252.0435 of the Local Government Code, City of Lubbock has adopted the following written definition and criteria for accurately determining the safety record of a proposer prior to awarding proposals on City contracts. The definition and criteria for determining the safety record of a proposer for this consideration shall be: -, The City of Lubbock shall consider the safety record of the offerors in determining the responsibility thereof. The City may consider any incidence involving worker safety or safety of the citizens of the City of Lubbock, be it related or caused by environmental, mechanical, operational, supervision or any other cause or factor. Specifically, the City may consider, among other things: a. Complaints to, or final orders entered by, the Occupational Safety and Health Review Commission (OSHRC), against the proposer for violations of OSHA regulations within the past three (3) years. b. Citations (as defined below) from an Environmental Protection Agency (as defined below) for violations within the past five (5) years. Environmental Protection Agencies include, but are not necessarily limited to, the U.S. Army Corps of Engineers (USACOE), the U.S. Fish and Wildlife Service (USFWS), the Environmental Protection Agency (EPA), the Texas Commission on Environmental Quality (TCEQ), the Texas Natural Resource Conservation Commission (TNRCC) (predecessor to the TCEQ), the Texas Department of State Health Services _ (DSHS), the Texas Parks and Wildlife Department (TPWD), the Structural Pest Control Board (SPCB), agencies of local governments responsible for enforcing environmental protection or worker safety related laws or regulations, and similar regulatory agencies of other states of the United States. Citations include notices of violation, notices of enforcement, suspension/revocations of state or federal licenses or registrations, fines assessed, pending criminal complaints, indictments, or convictions, administrative orders, draft orders, final orders, and judicial final judgments. c. Convictions of a criminal offense within the past ten (10) years, which resulted in bodily harm or death d. Any other safety related matter deemed by the City Council to be material in determining the responsibility of the offeror and his or her ability to perform the _ services or goods required by the proposal documents in a safe environment, both for the workers and other employees of offeror and the citizens of the City of Lubbock. In order to obtain proper information from offerors so that City of Lubbock may consider the safety records of potential contractors prior to awarding proposals on City contracts, City of Lubbock requires that offerors answer the following three (3) questions and submit them with their proposals: QUESTION ONE Has the offeror, or the firm, corporation, partnership, or institution represented by the offeror, or anyone acting for such firm, corporation, partnership or institution, receivedcitations for violations of OSHA within the past three (3) years? NO YES V / _If the offeror has indicated YES for question number one above, the offeror must provide to City of Lubbock, with its proposal submission, the following information with respect to each such citation: 'Date of offense, location of establishment inspected, category of offense, final disposition of offense, if any, and penalty assessed. Offeror's Initials 7 QUESTION TWO Has the offeror, or the firm, corporation, partnership, or institution represented by the offeror, or anyone acting for such firm, corporation, partnership or institution, received citations for violations of environmental protection laws or regulations, of any kind or type, within the past five years? Citations include notice of violation, notice of enforcement, suspension/revocations of state or federal licenses, or registrations, fines assessed, pending criminal complaints, indictments, or convictions, administrative orders, draft orders, final orders, and judicial final judgments. YES NO V If the offeror has indicated YES for question number two above, the offeror must provide to City of Lubbock, with its proposal submission, the following information with respect to each such conviction: Date of offense or occurrence, location where offense occurred, type of offense, final disposition of offense, if any, and penalty assessed. QUESTION THREE Has the offeror, or the firm, corporation, partnership, or institution represented by offeror, or anyone acting for such firm, corporation, partnership, or institution, ever been convicted, within the past ten (10) years, of a criminal offense which resulted in serious bodily injury or death? YES NO V If the offeror has indicated YES for question number three above, the offeror must provide to City of Lubbock, with its proposal submission, the following information with respect to each such conviction: Date of offense, location where offense occurred, type of offense, final disposition of offense, in any, and penalty assessed. ACKNOWLEDGEMENT THE STATE OF TEXAS COUNTY OF LUBBOCK I certify that I have made no willful misrepresentations in this Questionnaire nor have I withheld information in my statements and answers to questions. I am aware that the information given by me in this questionnaire will be investigated, with my full permission, and that any misrepresent 'o s or omissions m cause my proposal to be rejected. 1 Title 8 SUSPENSION AND DEBARMENT CERTIFICATION Federal Law (A-102 Common Rule and OMB Circular A-110) prohibits non -Federal entities from contracting with or making sub -awards under covered transactions to parties that are suspended or debarred or whose principals are suspended or debarred. Covered transactions include procurement contracts for goods or services equal to or in excess of $25,000 and all non -procurement transactions (e.g., sub -awards to sub -recipients). Contractors receiving individual awards of $25,000 or more and all sub -recipients must certify that their organization and -: its principals are not suspended or debarred by a Federal agency. 'Y Before an award of $25,000 or more can be made to your firm, you must certify that your organization and its principals are not suspended or debarred by a Federal agency. I, the undersigned agent for the firm named below, certify that neither this firm nor its principals are suspended or debarred by a Federal agency. COMPANY NAME:_L FEDERAL TAX ID or SOCIAL _; Signature of Company Official: C '5- v 7- Z ;Date Signed:_I Printed name of company official signing above: �fl-R.12GLL .TA xtj 7 PAYMENT BOND Bond No. 22764250 STATUTORY PAYMENT BUNG PURSUANT TO SECTION 2253.021(a) Of THE TEXAS GOVERNMENT CODE (CONTRACTS MORF. THAN $25.000) KNOW ALI. MEN RY "TH . Sr PRESENTS, that WEST TEXAS PP,VING,I»(hereinttfier called the 1'rincipal(s), as }'rincipa)(s), and WESTERN SURETY COMPANY (hereinafter called the Surety(s), as Strcty(s), are held and firmly bound unto the City of Lubbock (hereinaflcr called the Obligee), in the amount ofSeventy _Eight Thous L-dNiri Ilars 0� (578.090.0lawful money of the United States for the payment whereof, the said Principal and Surety bind themselves, and their heirs, administrators, executors, successors and assigtts, jointly and scvcraily, firmly by the presc.-nt i WHFREAS, the Principal has entered into a certain written contract with the Obligee:, dated the 16thday of Jan. ,2007,to City Cemetary Entrance Road. - and said Principal under the law is rextuired bcfnre commencing; the work provided for in said contract to execute a bond in the amount of said contract which contract is herby referred to and made a pan hereof as fully and to the same exunt as if copied at length hcxcirL NOW,'rHL•REFORE.'1+M. CONDITION OF THIS OBLIGATION IS SUCH, that if the said Principal shall pay all claimants supplying labor and material to him or a sutx:ontractor in the pmsecution of the work provided for in said contract, then, this obligation shall he void; otherwise to rurnaiei in full force and effect; 1,RovIDEi), IIOW1..VER, that this bond is executed pursuant to the pnwisions or Section 2253.021(a) of the Texas Government Code, and all liabilities on this bond shall he determined in accordancc with the provisions of said Article to the same extent as if it wort: copied at length herein. IN WITNESS WHEREOF, the said Principal (s) and Surety (s) have signed and scaled this instrument this 23rd_day of Jan. _20 Q7 Western Surety Company West Texas Pavij—Inc� Surety (Company Namc) ,,RV: By: a_ (Title) Atty-in act (I' Namc yell Jarnagin Preside t - ('1'itic) The undcxsigned surety company represents that it is duly qualified to do business in Texas. and hereby desigmatvi D . Jarnagin an agent resident in Lubbock County to wham any requisite notices may be delivered and on whom service of proems may be had in matters arising; out of such suretyship. Western Surety Cotn�any Surety BY. vt (Title) Atty— ' —Fact Approved as to form: City o ' , k fly: City omcy I Note: If signed by an officer or the Surety Company there must be on file a certified extract from the by-laws showing that this punion has authority to sign such obligation. If signed by an Attorney in Fact. we must have copy of power of attorney for our Files. 2 Know All Men by These Presents: (Irrevocable) No SP. 22764250 That this Power of Attorney is not valid or in effect unless attached to the bond which it authorizes executed, but may be detached by the approving officer if desired. That Western Surety Company, a corporation, does hereby make, constitute and appoint the following THREE authorized individuals: in the City of D A L L A S , State of TEXAS with limited authority, its true and lawful Attomey(s) in fact with full power and authority hereby conferred, to sign, execute, acknowledge and deliver for and on its behalf as Surety, the following described bond: BID, PERFORMANCE, AND/OR PAYMENT BOND, IN ADDITION THE RELATED TRANSACTIONS SUCH AS CONSENTS OF SURETY, RIDERS, AND LETTERS OF INTENT, MAINTENANCE AND WARRANTY BONDS, PROVIDING THE BOND PENALTY DOES NOT EXCEED FIVE MILLION AND NO/100 DOLLARS (**5,000,000.00). ********************************************************************** ********************************************************************** The acknowledgment and execution of such bond by the said Attorney in Fact shall be as binding upon this Company as if such bond had been executed and acknowledged by the regularly elected officers of this Company. All authority hereby conferred shall expire and terminate, without notice, unless used before midnight of D E C E M B E R 31 2 0 11 , but until such time shall be irrevocable and in full force and effect. 11f11re W�Iif�IX gjPANY further certifies that the following is a true and exact copy of Section 7 of the By-laws of Western Surety Company, duly adopted and now in f dip wit: ' coon r7 bonds• policies. undertakings. Powers of Attorney, or other obligations of the corporation shall be executed in the corporate name of the Company byp( tt�,ssistant Secretary. Treasurer, or any Vice President, or by such other officers as the Board of Directors may authorize. The President, any Vice side>u Sdretarq.' 'y, Assitary or the Treasurer may appoint Attorneys in Fact or Agents who shall have authority to issue bonds, policies, or undertakings in the of t&'Company. "jlfe' seal is not necessary for the validity of any bonds, policies, undertakings. Powers of Attorney or other obligations of the corporation. The iggattire of any such officer' Me corporate seal may be printed by facsimile." tie penal amount of the 5on3 Werein described may be increased if there is attached to this Power• written authority so authorizing in the form of an endorsement. letter or Y Iiigragn signed by the UndqwclairC Manager. Underwriting Consultant. Underwriting Specialist. Underwriter. President. Vice President, Assistant Vim President. Treasurer. Secretary cg� AsstHam seartarylgf western urety Company specifically authorizing said increase. `4Pt l II MESS WitER)yfSF. W rum Surety Company has caused these presents to be executed by its Senior Vice President with its corporate seal affixed this 2nd Tpbry2004 �y .114 iT ,,=-- _ WESTER SURETY COMPANY rrr,l,ttlt1,1%li t STATE OF SOUTH DAKOTA /j ss. By �...C— COUNTY OF MINNEHAHA Senior Vice Preside On this 2nd day of February in the year 2004 , before me. a Notary Public, personally appeared Paul T. Bruflat. who being by me duly swam, acknowledged that he signed the above Power of Attorney as the aforesaid officer of WESTERN SURETY COMPANY and acknowledged said instrument to be the voluntary act and deed of said corporation. S. EICH PUS sEAL NOTARY SOUTH OAKOTAAKOTA Notary Public, South Dakota My Commission Expires February 12, 2009 1, the undersigned officer of Western Surety Company, a stock corporation of the State of South Dakota, do hereby certify that the attached Power of Attorney is in full force and effect and is irrevocable: and furthermore, that Section 7 of the By -Laws of the company as set forth in the Power of Attorney, is now in force. In testimony whereof. I have hereunto set my hand and the seal of Western Surety Company this * 2 3 rd day of Jan. *IMPORTANT: This date must be filled in before it is attached WESTER SURETY COMPANY to the bond and it must be the same date as the bond. By / Form 749-2-2004 r - Senior Vice Preside NOTICE: This border must be BLUE. If it is not BLUE, this is not a certified copy. 0 n No Text Bond No. 22764250 STA1'U-rORY PERFORMANCE BOND PURSUAN1"TO Sr.CI*ION 2253.021(a) OF THETEXAS GOVI?RNMENT COVE (C:ONTRAC"1- S MORE THAN $100,000) West Texas KNOW ALL MEN BY THESE 1'RESIiN"1'S, that Paving, Inc ihereinaftcr called the Prncipal(s), as Principal(s), and Western Surety Com an _ (hereinafter called the Surety(s), as Surety(s), are held and firmly bound unto the City of Lubbock (hereinafter called the (;bligee), in the amount of Seventy Eight Thousand Nineti?ollars ($78L090. 00 ) lawful money of the United States for the payment whereof~ the said Principal and Surety hind themselves, and their heirs, administrators, executors, successors anti assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has entered into a certain written contract with the Obligee, dated the 16 day of Jan. , _ 20. 07.to_- . y C=etary Entran�P..Rna� _ and said principal under the law is required before commencing the work providW for in s.tid contract to execute a bond in the anxtunt of said contract which contract is hereby referred to and Horde a pan hereof as fully and to the. acne extent as if copied at lens h herein. NOW, T11ERErORE. 'rHE C'ONDCTION OF THIS OBLIGATION IS SUCH, that if the said Principal shall fialdifUlly perform the work in accordance with the plans, spcx;ifications and contract documents. then this obligation shall be: void: othc %ise to remain in full 46brue and effect. PROVIDED, HOWFVGR, that this bond is excvuted pursuaw, to the provisions of Section 2253.021(a) of the Tc=% Govcnun,nt Codc, atui all liabilities on this bond shall be dcternuned in :+ccordarcc with the: provision, of said anicle to the same c%tcnt as if it were copic d at length herein. IN wrim'SS WHEREOF, the said Principal (s) and Surety (s) have signed and scaled this instrument this 23rd day of Jan. . 2007 . Western Surety Company Surety * 13y: �yl (Title) Atty-in- act 1 West Texas Pavinq,_Inc_ (Company Narre) By: (Signature) President (Title) , MUA rell Jarnagin C The undersigned surety company represents that it is duly qualified to do business in Texas. and hereby designate-� D . Jarnagin an agent resident in Lubbock County to whom any requisite notices may be delivered and on whom service of proems may be had in matters arising out of such suretyship. Wes rn Surer Company Surety w I3y:. �i�, (Title) Atty—in—act Appmved as to form: City oi' Lubbock By. Ct ttorncy • Note: If signed by an officer or the Surety Company there must be on fie a certified extract from the by -taws showing that this person has authority to sign such obligation. If sinned by an Attorney in Fact. we must have copy of power of attorney for our riles. N CERTIFICATE OF INSURANCE ACORQ CERTIFICATE OF LIABILITY INSURANCE 01/25/200 ' PRODUCER (806)792-5564 FAX (806)792-9344 Sanford Insurance Agency 6303 Indiana Ave. P.O. Box 64790 Lubbock, TX 79413 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. INSURERS AFFORDING COVERAGE NAIC # INSURED West Texas Paving, Inc. DBA: Darrell larnagin P.O. Box 64187 Lubbock, TX 79464 INSURER A: National American Ins.Co. INSURERB: Texas Mutual Ins. Co. INSURER C: INSURER D: INSURER E: CnVFRAnFA THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDIN ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR ADD'L TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION LIMITS GENERAL LIABILITY MP05310142 01/05/2007 01/05/2008 EACH OCCURRENCE $ 1,000,000 X COMMERCIAL GENERAL LIABILITY DAMAGE TO RENTED $ 100,000 CLAIMS MADE OCCUR MED EXP (Any one person) $ 5,000 PERSONAL & ADV INJURY $ 1,000,000 A GENERAL AGGREGATE $ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OP AGG $ 2,000,000 POLICY PRO LOC JECT AUTOMOBILE LIABILITY ANY AUTO MP05310142 01/05/2007 01/05/2008 COMBINED SINGLE LIMIT (Ea accident) $ 1,000,00 BODILY INJURY (Per person) $ A ALL OWNED AUTOS X SCHEDULED AUTOS BODILY INJURY (Per accident) $ HIRED AUTOS NON -OWNED AUTOS PROPERTY DAMAGE (Per accident) $ GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $ ANY AUTO OTHER THAN EA ACC $ $ AUTO ONLY: AGG EXCESS/UMBRELLA LIABILITY EACH OCCURRENCE $ OCCUR CLAIMS MADE AGGREGATE $ $ DEDUCTIBLE $ RETENTION $ WORKERS COMPENSATION AND TSF-0001129850 04/07/2006 04/07/2007 1 WCSTATUj OTH- B EMPLOYERS LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE E.L. EACH ACCIDENT $ 500, 00 E.L. DISEASE - EA EMPLOYEE $ S00,000 OFFICER/MEMBER EXCLUDED? If yes, describe under SPECIAL PROVISIONS below E.L. DISEASE - POLICY LIMIT $ S00,000 OTHER DESCRIPTION OF OPERATIONS I LOCATIONS / VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS ITY OF LUBBOCK, ITS OFFICERS, AGENTS AND EMPLOYEES ARE NAMED AS PRIMARY DDITIONAL INSUREDS ON GL & AUTO LIABILITY POLICIES AS RESPECTS TO ITB#06-003-BM, ENDORSEMENT #CA0403, WITH A WAIVER OF SUBROGATION IN FAVOR OF THE CITY OF LUBBOCK 3N GL AND AUTO POLICIES. RE: CITY CEMETERY ENTRANCE ROAD CONTRACT #7309 City of Lubbock OFFICE OF PURCHASING P.O. BOX 2000 LUBBOCK, TX 79457 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 10 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTA AUTHORIZED REPRESENTATIVE ACORD 25 (2001/08) .- -ONCORD-CORPfORATION 1988 CONTRACTORCHECKLIST A CONTRACTOR SHALL: (1) provide coverage for its employees providing services on a project, for the duration of the project based on proper reporting of classification codes and payroll amounts and filling of any coverage agreements; (2) provide a certificate of coverage showing workers' compensation coverage to the governmental entity prior to beginning work on the project; (3) provide the governmental entity, prior to the end of the coverage period, a new certificate of coverage showing extension of coverage, if the coverage period shown on the contractor's current certificate of coverage ends during the duration of the project; (4) obtain from each person providing services on a project, and provide to the governmental entity: (A) a certificate of coverage, prior to that person beginning work on the project, so the governmental entity will have on file certificates of coverage showing coverage for all persons providing services on the project; and (B) no later than seven days after receipt by the contractor, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (5) retain all required certificates of coverage on file for the duration of the project and for one year thereafter; (6) notify the governmental entity in writing by certified mail or personal delivery, within ten (10) days after the contractor knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project; (7) post a notice on each project site informing all persons providing services on the project that they are required to be covered, and stating how a person may verify current coverage and report failure to provide coverage. This notice does not satisfy other posting requirements imposed by the Act or other commission rules. This notice must be printed in at least 19-point normal type, and shall be in both English and Spanish and any other language common to the worker population. The text for the notices shall be the following text provided by the commission on the sample notice, without any additional words or changes: PROOF OF COVERAGE SHALL BE FURNISHED TO THE CITY OF LUBBOCK IN THE FORM OF A CERTIFICATE OF INSURANCE. THE INSURANCE CERTIFICATES FURNISHED SHALL NAME THE CITY OF LUBBOCK AS A PRIMARY ADDITIONAL INSURED AND PROVIDE A WAIVER OF SUBROGATION IN FAVOR OF THE CITY OF LUBBOCK, OR IN THE ALTERNATIVE, SHALL BE ACCOMPANIED BY A STATEMENT FROM THE CONTRACTOR TO THE EFFECT THAT NO WORK ON THIS PARTICULAR PROJECT SHALL BE SUBCONTRACTED. IT SHALL BE THE CONTRACTOR'S RESPONSIBILITY TO PROVIDE TO THE OWNER ALL PROOF OF COVERAGE INSURANCE DOCUMENTS INCLUDING WORKERS COMPENSATION COVERAGE FOR EACH SUBCONTRACTOR. 2 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 employer's failure to provide coverage." and (8) contractually require each person with whom it contracts to provide services on a project, to: (A) provide coverage based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements for all of its employees providing services on the project, for the duration of the project; (B) provide a certificate of coverage to the contractor prior to that person beginning work on the project; (C) include in all contracts to provide services on the project the language in subsection (e) (3) of this rule; (D) provide the contractor, prior to the end of the coverage period, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (E) obtain from each other person with whom it contracts, and provide to the contractor: (i) a certificate of coverage, prior to the other person beginning work on the project; and (ii) prior to the end of the coverage period, a new certificate of coverage showing extension of the coverage period, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (F) retain all required certificates of coverage on file for the duration of the project and for one year thereafter; (G) notify the governmental entity in writing by certified mail or personal delivery, within (ten) 10 days after the person knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project; and (H) contractually require each other person with whom it contracts, to perform as required by paragraphs (A) - (H), with the certificate of coverage to be provided to the person for whom they are providing services. CONTRACT CONTRACT #7309 STATE OF TEXAS COUNTY OF LUBBOCK THIS AGREEMENT, made and entered into this 121h day of January, 2007 by and between the City of Lubbock, County of Lubbock, State of Texas, acting by and through the Mayor, City of Lubbock, thereunto authorized to do so, hereinafter referred to as OWNER, and WEST TEXAS PAVING, 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 agreements hereinafter mentioned, to be made and performed by the OWNER and under the conditions expressed in the bond bearing even date herewith (if any) the CONTRACTOR hereby agrees with OWNER to commence and complete the construction of certain improvements described as follows: PROPOSAL #06-728-DD — City Cemetery Entrance Road-$78,090.00 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 Agreement. West Texas Paving, Inc.'s proposal dated November 16, 2006 is incorporated into and made a part of this agreement. The CONTRACTOR hereby agrees to commence work within ten days after the date written notice to do so shall have been given to him and to substantially complete same within the time specified in the contract documents. The OWNER agrees to pay the CONTRACTOR in current funds for the performance of the contract in accordance with the proposal submitted therefore, subject to additions and deductions, as provided in the contract documents and to make payment on account thereof as provided therein. IN WITNESS WHEREOF, the parties to these presents have executed this agreement in Lubbock, Lubbock County, Texas in the year and day first above written. CONTRACTOR COMPLETE ADDRESS: Company f $ T E Address ok 1,oWS City, State, Zip "ga o ,,A ' Jr 79y 4 y ATTEST: 6A Aln 0,Wtl Corporate ecretary CITTOF::• • :' kyj • ATTEST: 'D - in, ty cretary F GENERAL CONDITIONS OF THE AGREEMENT GENERAL CONDITIONS OF THE AGREEMENT OWNER Whenever the word Owner, or First Party, are used in this contract, it shall be understood as referring to the City of Lubbock, Texas. 2. CONTRACTOR Whenever the word Contractor, or Second Party, is used, it shall be understood to mean the person, persons, co- partnership or corporation, to wit West Texas Paving. Inc. who has agreed to perform the work embraced in this contract, or their legal representative. OWNER'S REPRESENTATIVE Whenever the word Owner's Representative or representative is used in this contract, it shall be understood as referring to, City of Lubbock, or its representative Keith Smith, Assistant City Engineer, so designated who will inspect constructions; or to such other representatives, supervisors, architects, engineers, or inspectors as may be authorized by said Owner to act in any particular under this agreement. Engineers, supervisors or inspectors will act for the Owner under the direction of Owner's Representative, but shall not directly supervise the Contractor or persons acting on behalf of the Contractor. 4. CONTRACT DOCUMENTS The contract's documents shall consist of the Notice to Offerors, General Instructions to Offerors, Proposal, Signed Agreement, Statutory Bonds (if required), General Conditions of the Agreement, Special Conditions of the Agreement (if any), Specifications, Plans, Insurance Certificates, and all other documents made available to Offeror for inspection in accordance with the Notice to Offerors. The above described materials are sometimes referred to herein as the "contract" or "contract documents". 5. INTERPRETATION OF PHRASES Whenever the words "Directed," "Permitted," "Designated," "Required," "Considered Necessary," "Prescribed," or words of like import are used, it shall be understood that the direction, requirement, permission, order, designation or prescription of the Owner's Representative is intended; and similarly, the words "Approved," "Acceptable," "Satisfactory," or words of like import shall mean approved by or acceptable or satisfactory to the Owner's Representative. 6. SUBCONTRACTOR The term Subcontractor, as employed herein, includes only those having a direct contract with the Contractor for performance of work on the project contemplated by these contract documents. Owner shall have no responsibility to any Subcontractor employed by Contractor for performance of work on the project contemplated by these contract documents, but said Subcontractors will look exclusively to Contractor for any payments due Subcontractor. 7. WRITTEN NOTICE Written notice shall be deemed to have been duly served if delivered in person to the individual or to a member of the firm or to an officer of the corporation for whom it is intended, or if delivered at or sent certified mail to the last business address known to the party who gives the notice. CONTRACTOR'S RESPONSIBILITIES Unless otherwise stipulated, the Contractor shall provide and pay for all materials, supplies, machinery, equipment, tools, superintendence, labor, insurance, and all water, light, power, fuel, transportation and all other facilities necessary for the execution and completion of the work covered by the contract documents. Unless otherwise specified, all materials shall be new and both workmanship and materials shall be of a good quality. The Contractor shall, if required, furnish satisfactory evidence as to the kind and quality of materials. Materials or work described in words which so applied have well known, technical or trade meaning shall be held to refer such recognized standards. All work shall be done and all materials furnished in strict conformity with the contract documents. 9. SUBSTANTIALLY COMPLETED The term "Substantially Completed" is meant that the structure or project contemplated by the contract documents has been made suitable for use or occupancy or the facility is in a condition to serve its intended purpose, but still may require minor miscellaneous work and adjustment. 10. LAYOUT Except as specifically provided herein, the Contractor shall be responsible for laying out all work and shall accomplish this work in a manner acceptable to the Owner's Representative. The Owner's Representative 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 copies of all Plans and Specifications without expense to Contractor and Contractor shall keep one copy of same consistently accessible on the job site. 12. RIGHT OF ENTRY The Owner's Representative may make periodic visits to the site to observe the progress or quality of the executed work and to determine, in general, if the work is proceeding in accordance with the contract documents. Owner's Representative will not be required to make exhaustive or continuous onsite inspections to check the quality or quantity of the work, nor will Owner's Representative be responsible for the construction means, methods, techniques, sequences or procedures, or the safety precautions incident thereto. Notwithstanding the Owner's Representative's rights of entry hereunder, the Owner's Representative will not be responsible for the Contractor's _-. failure to perform the work in accordance with the Contract Documents. 13. LINES AND GRADES All lines and grades shall be furnished by the Owner's Representative whenever Owner's Representative deems said lines and grades are necessary for the commencement of the work contemplated by these contract documents or the completion of the work contemplated by these contract documents. Whenever necessary, Contractor shall suspend its work in order to permit Owner's Representative to comply with this requirement, but such suspension will be as brief as practical and Contractor shall be allowed no extra compensation therefore. The Contractor shall give the Owner's Representative ample notice of the time and place where lines and grades will be needed. All stakes, marks, etc., shall be carefully preserved by the Contractor, and in case of careless destruction or removal by Contractor, its Subcontractors, or its employees, such stakes, marks, etc., shall be replaced by the Owner's Representative at Contractor's expense. 14. OWNER'S REPRESENTATIVE'S AUTHORITY AND DUTY Unless otherwise specified, it is mutually agreed between the parties to this Agreement that the Owner's Representative has the authority to review all work included herein. The Owner's Representative has the authority to stop the work whenever such stoppage may be necessary to ensure the proper execution of the contract. The Owner's Representative shall, in all cases, determine the amounts and quantities of the several kinds of work which are to be paid for under the contract documents, and shall determine all questions in relation to said work and the construction thereof, and shall, in all cases, decide every question which may arise relative to the execution of this contract on the part of said Contractor. The decision of the Owner's Representative shall be conclusive in the absence of written objection to same delivered to Owner's Representative within fifteen (15) calendar days of any decision or direction by Owner's Representative. In the absence of timely written objection by Contractor, as provided herein, any and all objection or objections shall be deemed waived. 15. SUPERINTENDENCE AND INSPECTION It is agreed by the Contractor that the Owner's Representative shall be and is hereby authorized to appoint from time to time such subordinate engineers, supervisors, or inspectors as the said Owner's Representative may deem proper to inspect the materials furnished and the work done under this Agreement, and to see that said material is furnished and said work is done in accordance with the specifications therefore. The Contractor shall furnish all reasonable aid and assistance required by the subordinate engineers, supervisors or inspectors for the proper inspection and examination of the work. The Contractor shall regard and obey the directions and instructions of any subordinate engineers, supervisors or inspectors so appointed, when such directions and instructions are consistent with the obligations of this Agreement and accompanying plans and specifications provided, however, should the Contractor object to any orders by any subordinate engineer, supervisor or inspector, the Contractor may within fifteen (15) calendar days make written appeal to the Owner's Representative for its decision. In the absence of timely written objection by Contractor, as provided herein, any and all objection or objections shall be deemed waived. 16. CONTRACTOR'S DUTY AND SUPERINTENDENCE The Contractor shall give personal attention to the faithful prosecution and completion of this contract and shall keep on the work, during its progress, a competent superintendent and any necessary assistants, all satisfactory to Owner's Representative. The superintendent shall represent the Contractor in its absence and all directions given to superintendent shall be binding as if given to the Contractor. It is expressly agreed that adequate supervision by competent and reasonable representatives of the Contractor is essential to the proper performance of the work and lack of such supervision shall be grounds for suspending operations of the Contractor. The work, from its commencement to completion, shall be under the exclusive charge and control of the Contractor and all risk in connection therewith shall be borne by the Contractor. The Owner or Owner's Representatives shall not be responsible for the acts or omissions of the Contractor, or any subcontractors, or any of Contractor's agents or employees, or any other persons performing any of the work. 17. CONTRACTOR'S UNDERSTANDING It is understood and agreed that the Contractor has, by careful examination, satisfied itself as to the nature and location of the work, the confirmation of the ground, the character, quality and quantity of materials to be encountered, the character of equipment and facilities needed preliminary to and during the prosecution of the work, and the general and local conditions, and all other matters which in any way affect the work under the contract documents. No oral agreement or conversation with any officer, agent, or employee of the Owner, or Owner's Representative either before or after the execution of this contract, shall affect or modify any of the terms or obligations herein contained. Subject to the rights of Owner as set forth in Paragraph 23 hereof, all modifications and/or amendments to the contract documents, shall be in writing, and executed by Owner's Representative and Contractor. Unless otherwise specified herein, all loss, expense or damage to Contractor arising out of the nature of the work to be done, or from the action of the elements, or from any unforeseen circumstance and the prosecution of the work, shall be sustained and borne by the Contractor at its own cost and expense. 18. CHARACTER OF WORKERS The Contractor agrees to employ only orderly and competent workers, skillful in the performance in the type of - - work required under this contract, to do the work; and agrees that whenever the Owner's Representative shall inform Contractor in writing that any man or men on the work, are, in Owner's Representative's sole opinion, incompetent, unfaithful, disorderly, or otherwise unacceptable to Owner or Owner's Representative, such man or men shall be discharged from the work and shall not again be employed on the work without the Owner's Representative's written consent. 19. CONSTRUCTION PLANT The Contractor shall provide all labor, tools, equipment, machinery and materials necessary in the prosecution and completion of this contract where it is not otherwise specifically provided that Owner shall furnish same, and it is also understood that Owner shall not be held responsible for the care, preservation, conservation, or protection of any materials, tools, equipment or machinery or any part of the work until it is finally completed and accepted. The building of structures for the housing of men or equipment will be permitted only at such places as the Owner's Representative shall consent or direct, and the sanitary conditions of the grounds in or about such structure shall at all times be maintained in a manner satisfactory to the Owner's Representative. 20. SANITATION Necessary sanitary conveniences for the use of laborers on the work site, properly secluded from public - observation, shall be constructed and maintained by the Contractor in such manner and at such points as shall be approved by the Owner's Representative and their use shall be strictly enforced. 21. OBSERVATION AND TESTING -- The Owner or Owner's Representative shall have the right at all times to observe and test the work. Contractor shall make necessary arrangements and provide proper facilities and access for such observation and testing at any location wherever such work is in preparation or progress. Contractor shall ascertain the scope of any observation that may be contemplated by Owner or Owner's Representative and shall give ample notice as to the time each part of the work will be ready for such observation. Owner or Owner's Representative may reject any such work found to be defective or not in accordance with the contract documents, regardless of the stage of its completion or the time or place of discovery of such errors and regardless of whether Owner's Representative has previously accepted the work through oversight or otherwise. If any such work should be covered without approval or consent of the Owner, it must, if requested by Owner or Owner's Representative, be uncovered for examination at Contractor's expense. In the event that any part of the work is being fabricated or manufactured at a location where it is not convenient for Owner or Owner's Representative to make observations of such work or require testing of said work, then in such event Owner or Owner's Representative may require Contractor to furnish Owner or Owner's Representative certificates of inspection, testing or approval made by persons competent to -= perform such tasks at the location where that part of the work is being manufactured or fabricated. All such tests will be in accordance with the methods prescribed by the American Society for Testing and Materials or such other applicable organization as may be required by law or the contract documents. If any such work which is required to be inspected, tested, or approved is covered up without written approval or consent of the Owner or Owner's Representative, it must, if requested by the Owner or Owner's Representative, be uncovered for observation and testing at the Contractor's expense. The cost of all such inspections, tests and approvals shall be borne by the Contractor unless otherwise provided herein. Any work which fails to meet the requirements of any such tests, inspections or approvals, and any work which meets the requirements of any such tests or approvals but does not meet the requirements of the contract documents shall be considered defective, and shall be corrected at the Contractor's expense. Neither observations by the Owner or Owner's Representative, nor inspections, tests, or approvals made by Owner, Owner's Representative, or other persons authorized under the contract documents to make such inspections, tests, or approvals shall relieve the Contractor from its obligation to perform the work in accordance _ with the requirements of the contract documents. 22. DEFECTS AND THEIR REMEDIES It is expressly agreed that if the work or any part thereof, or any material brought on the site of the work for use in the work or selected for the same, shall be deemed by the Owner or Owner's Representative as unsuitable or not in conformity with plans, specifications and/or contract documents, the Contractor shall, after receipt of written notice thereof from the Owner's Representative, forthwith remove such material and rebuild or otherwise remedy such work so that it shall be in full accordance with the contract documents. It is further agreed that any remedial action contemplated as hereinabove set forth shall be at Contractor's expense. 23. CHANGES AND ALTERATIONS The Contractor further agrees that the Owner may make such changes and alterations as the Owner may see fit, in the line, grade, form dimensions, plans or materials for the work herein contemplated, or any part thereof, either before or after the beginning of the construction, without affecting the validity of this contract and the accompanying bond. If such changes or alterations diminish the quantity of the work to be done, they shall not constitute the basis for a claim for damages, or anticipated profits on the work that may be dispensed with. If they increase the amount of work, and the increased work can fairly be classified under the specifications, such increase shall be paid according to the quantity actually done and at the unit price established for such work under this contract; otherwise such additional work shall be paid for as provided under Extra Work. In case the Owner shall make such changes or alterations as shall make useless any work already done or material already furnished or used in said work, then the Owner shall recompense the Contractor for any material or labor so used, and for actual expenses incurred in preparation for the work as originally planned. 24. EXTRA WORK The term "extra work" as used in this contract shall be understood to mean and include all work that may be required by the Owner or Owner's Representative to be done by the Contractor to accomplish any change, alteration or addition to the work as shown on the plans and specifications or contract documents and not covered by Contractor's proposal, except as provided under Changes and Alterations herein. It is agreed that the Contractor shall perform all extra work under the direction of the Owner's Representative when presented with a written work order signed by the Owner's Representative; subject, however, to the right of the Contractor to require written confirmation of such extra work order by the Owner. It is also agreed that the compensation to be paid to the Contractor for performing said extra work shall be determined by the following methods: Method (A) - By agreed unit prices; or Method (B) - By agreed lump sum; or 5 Method (C) - If neither Method (A) or Method (B) be agreed upon before the extra work is commenced, then the Contractor shall be paid the lesser of the following: (1) actual field cost of the extra work, plus fifteen (15%) percent; or (2) the amount that would have been charged by a reasonable and prudent Contractor as a reasonable and necessary cost for performance of the extra work. In the event said extra work be performed and paid for under Method (C)(1), then the provisions of this paragraph shall apply and the "actual field cost" is hereby defined to include the cost of all workmen, such as foremen, timekeepers, mechanics and laborers, materials, supplies, teams, trucks, rentals on machinery and equipment, for the time actually employed or used on such extra work, plus actual transportation charges necessarily incurred, together with all expenses incurred directly on account of such extra work, including Social Security, Old Age Benefits, Maintenance Bonds, Public Liability and Property Damage and Workers' Compensation and all other insurances as may be required by law or ordinances or directed by the Owner or Owner's Representative, or by them agreed to. Owner's Representative may direct the form in which accounts of the actual field cost shall be kept and records of these accounts shall be made available to the Owner's Representative. The Owner's Representative may also specify in writing, before the work commences, the method of doing the work and the type and kind of machinery and equipment to be used; otherwise, these matters shall be determined by the Contractor. Unless otherwise agreed upon, the prices for the use of machinery and equipment shall be determined by using 100%, unless otherwise specified, of the latest Schedule of Equipment and Ownership Expenses adopted by the Associated General Contractors of America. Where practical, the terms and prices for the use of machinery and equipment shall be incorporated in the written extra work order. The fifteen percent (15%) of the actual field cost to be paid to Contractor shall cover and compensate Contractor for its profit, overhead, general superintendence and field office expense, and all other elements of cost and expense not embraced within the actual field cost as herein defined, save that where the Contractor's Camp or Field Office must be maintained primarily on account of such Extra Work, then the cost to maintain and operate the same shall be included in the "actual field cost." No claim for extra work of any kind will be allowed unless ordered in writing by Owner's Representative. In case any orders or instructions appear to the Contractor to involve extra work for which Contractor should receive compensation or an adjustment in the construction time, Contractor shall prior to commencement of such extra work, make written request to the Owner's Representative for a written order authorizing such extra work. Should a difference of opinion arise as to what does or does not constitute extra work or as to the payment therefore, and the Owner's Representative insists upon its performance, the Contractor shall proceed with the work after making written request for written order and shall keep adequate and accurate account of the actual field cost thereof, as provided under Method (C) (1). If Contractor does not notify Owner's Representative before the commencement of any extra work, any claim for payment due to alleged extra work shall be deemed waived. 25. DISCREPANCIES AND OMISSIONS It is further agreed that it is the intent of the contract documents that all work described in the proposal, the specifications, plans and other contract documents, is to be done for the prices quoted by the Contractor and that such price shall include all appurtenances necessary to complete the work in accordance with the intent of these contract documents as interpreted by Owner's Representative. Notices of any discrepancies or omissions in these plans, specifications, or contract documents, shall be given to the Owners' Representative and a clarification obtained before the proposals are received, and if no such notice is received by the Owner's Representative prior to the opening of proposals, then it shall be deemed that the Contractor fully understands the work to be included and has provided sufficient sums in its proposal to complete the work in accordance with these plans and specifications. If Contractor does not notify Owner's Representative before offering of any discrepancies or omissions, then it shall be deemed for all purposes that the plans and specifications are sufficient and adequate for completion of the project. It is further agreed that any request for clarification must be submitted no later than five (5) calendar days prior to the opening of proposals. 26. RIGHT OF OWNER TO MODIFY METHODS AND EQUIPMENT If at any time the methods or equipment used by the Contractor are found to be inadequate to secure the quality of work with the rate of progress required under this contract, the Owner or Owner's Representative may order the Contractor in writing to increase their safety or improve their character and efficiency and the Contractor shall comply with such order. If, at any time, the working force of the Contractor is inadequate for securing the progress herein specified, the Contractor shall, if so ordered in writing, increase its force or equipment, or both, to such an extent as to give reasonable assurance of compliance with the schedule of progress. 27. PROTECTION AGAINST ACCIDENT TO EMPLOYEES AND THE PUBLIC AND GENERAL INDEMNITY The Contractor shall take out and procure a policy or policies of Workers' Compensation Insurance with an insurance company licensed to transact business in the State of Texas, which policy shall comply with the Workers' Compensation laws of the State of Texas. The Contractor shall at all times exercise reasonable precaution for the safety of employees and others on or near the work and shall comply with all applicable provisions of federal, state and municipal laws and building and construction codes. All machinery and equipment and other physical hazards shall be guarded in accordance with the "Manual of Accident Prevention in Construction" of Associated General Contractors of America, except where incompatible with federal, state or municipal laws or regulations. The Contractor, its sureties and insurance carriers shall defend, indemnify and hold harmless the Owner and all of its officers, agents and employees against any all losses, costs, damages, expenses, liabilities, claims and/or causes of action, whether known or unknown, fixed, actual, accrued or contingent, liquidated or unliquidated, including, but not limited to, attorneys' fees and expenses, in connection with, incident to, related to, or arising out of, the Contractor's or any subcontractor's, agent's or employee's, in any manner whatsoever, omission, execution and/or supervision of this contract, and the project which is the subject matter of this contract. The safety precautions taken shall be the sole responsibility of the Contractor, in its sole discretion as an Independent Contractor; inclusion of this paragraph in the Agreement, as well as any notice which may be given by the Owners or the Owner's Representative concerning omissions under this paragraph as the work progresses, are intended as reminders to the Contractor of its duty and shall not be construed as any assumption of duty to supervise safety precautions by either the Contractor or any of its subcontractors. 28. CONTRACTOR'S INSURANCE The Contractor shall not commence work under this contract until he has obtained all insurance as required in the General Conditions of the contract documents, from an underwriter authorized to do business in the State of Texas and satisfactory to the City. Proof of coverage shall be furnished to the City and written notice of cancellation or any material change will be provided ten (10) calendar days in advance of cancellation or change. All policies of insurance, required herein, including policies of insurance required to be provided by Contractor and its subcontractors, shall contain a waiver of any and all of the insurer's or payor's, in the event of self- insurance, rights to subrogation that any such insurer or payor, in the event of self-insurance, may acquire by virtue of payment of any loss under such insurance or self-insurance. All certificates of insurance submitted to the City in conformity with the provisions hereof shall establish such waiver. The Contractor shall procure and carry at its sole cost and expense through the life of this contract, insurance protection as hereinafter specified. Coverage in excess of that specified herein also shall be acceptable. Such insurance shall be carried with an insurance company authorized to transact business in the State of Texas and shall cover all operations in connection with this contract, whether performed by the Contractor or a subcontractor, or separate policies shall be provided covering the operation of each subcontractor. A certificate of insurance specifying each and all coverages shall be submitted prior to contract execution. PROOF OF COVERAGE SHALL BE FURNISHED TO THE CITY OF LUBBOCK IN THE FORM OF A CERTIFICATE OF INSURANCE ALONG WITH A COPY OF THE ADDITIONAL INSURED ENDORSEMENT. THE INSURANCE CERTIFICATES FURNISHED SHALL NAME THE CITY OF LUBBOCK AS A PRIMARY ADDITIONAL INSURED AND PROVIDE A WAIVER OF SUBROGATION IN FAVOR OF THE CITY OF LUBBOCK AS REQUIRED BELOW, OR IN THE ALTERNATIVE, SHALL BE ACCOMPANIED BY A STATEMENT FROM THE CONTRACTOR TO THE EFFECT THAT NO WORK ON THIS PARTICULAR PROJECT SHALL BE SUBCONTRACTED. IT SHALL BE THE CONTRACTOR'S RESPONSIBILITY TO PROVIDE TO THE OWNER ALL PROOF OF COVERAGE INSURANCE DOCUMENTS INCLUDING WORKERS COMPENSATION COVERAGE FOR EACH SUBCONTRACTOR. A. General Liability Insurance (Primary Additional Insured and Waiver of Subrogation required) The contractor shall have Comprehensive General Liability Insurance with limits of $1,000,000 Combined Single Limit in the aggregate and per occurrence to include: Products & Completed Operations Hazard Contractual Liability Personal Injury & Advertising Injury With Heavy Equipment Endorsement B. Owner's and Contractor's Protective Liability Insurance. - NOT REQUIRED C. Comprehensive Automobile Liability Insurance (Primary Additional Insured and Waiver of Subrogation Required) The Contractor shall have Comprehensive Automobile Liability Insurance with limits of not less than; Bodily Injury/Property Damage, $500,000 Combined Single Limit, to include all owned and non -owned cars including: Employers Non -ownership Liability Hired and Non -owned Vehicles. The City is to - . be named as a primary 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. Builder's Risk Insurance/Installation Floater Insurance. The Contractor shall obtain a Builder's Risk policy in the amount of 100% of the total contract price (100% of potential loss) naming the City of Lubbock as insured. E. Umbrella Liability Insurance. - NOT REQUIRED F. Worker's Compensation and Employers Liability Insurance (Waiver of Subrogation required) Worker's Compensation Insurance covering all employees whether employed by the Contractor or any Subcontractor on the job with Employers Liability of at least $500,000. 1. Definitions: Certificate of coverage ("certificate") - A copy of a certificate of insurance, a certificate of authority to self -insure issued by the commission, or a coverage agreement (TWCC-81, TWCC- 82, TWCC-83, or TWCC-84), showing statutory workers' compensation insurance coverage for " ` the person's or entity's employees providing services on a project, for the duration of the project. Duration of the project - includes the time from the beginning of the work on the project until the Contractor's/person's work on the project has been completed and accepted by the governmental entity. Persons providing services on the project ("subcontractor" in Section 406.096, Texas Labor Code) - includes all persons or entities performing all or part of the services the Contractor has undertaken to perform on the project, regardless of whether that person contracted directly with the Contractor and regardless of whether that person has employees. This includes, without limitation, independent contractors, subcontractors, leasing companies, motor carriers, owner - operators, employees of any such entity, or employees of any entity which furnishes persons to provide services on the project. "Services" include, without limitation, providing, hauling, or delivering equipment or materials, or providing labor, transportation, or other service related to a project. "Services" does not include activities unrelated to the project, such as food/beverage vendors, office supply deliveries, and delivery of portable toilets. 2. The Contractor shall provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements, which meets the statutory requirements of Texas Labor Code, Section 401.011(44) for all employees of the contractor providing services on the project, for the duration of the project. 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 the coverage period, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (e) retain all required certificates of coverage on file for the duration of the project and for one year thereafter; (f) notify the governmental entity in writing by certified mail or personal delivery, within 10 days after the person knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project; and (g) contractually require each person with whom it contracts to perform as required by paragraphs (a) - (g), with the certificates of coverage to be provided to the person for whom they are providing services. 10. By signing this contract or providing or causing to be provided a certificate of coverage, the Contractor is representing to the governmental entity that all employees of the Contractor who 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 Contractor to administrative penalties, criminal penalties, civil penalties, or other civil actions. _ 11. The Contractor's failure to comply with any of these provisions is a breach of contract by the Contractor which entitles the governmental entity to declare the contract void if the Contractor does not remedy the breach within ten days after receipt of notice of breach from the governmental entity. G. Proof of Coverage Before work on this contract is commenced, each Contractor and subcontractor shall submit to the Owner for approval five Certificates of Insurance covering each insurance policy carried and offered as evidence of compliance with the above insurance requirements, signed by an authorized representative of the insurance company setting forth: 10 (1) The name and address of the insured. (2) The location of the operations to which the insurance applies. (3) The name of the policy and type or types of insurance in force thereunder on the date borne by such certificate. (4) The expiration date of the policy and the limit or limits of liability thereunder on the date borne by such certificate. (5) A provision that the policy may be canceled only by mailing written notice to the named insured at the address shown in the proposal specifications. (6) A provision that written notice shall be given to the City ten days prior to any change in or cancellation of the policies shown on the certificate. (7) The certificate or certificates shall be on the form (or identical copies thereof) contained in the job specifications. No substitute of nor amendment thereto will be acceptable. (8) If policy limits are paid, new policy must be secured for new coverage to complete project. (9) A Contractor shall: (a) provide coverage for its employees providing services on a project, for the duration of the project based on proper reporting of classification codes and payroll amounts and filling of any coverage agreements; (b) provide a certificate of coverage showing workers' compensation coverage to the governmental entity prior to beginning work on the project; (c) provide the governmental entity, prior to the end of the coverage period, a new certificate of coverage showing extension of coverage, if the coverage period shown on the Contractor's current certificate of coverage ends during the duration of the project; (d) obtain from each person providing services on a project, and provide to the governmental entity: (i) a certificate of coverage, prior to that person beginning work on the project, so the governmental entity will have on file certificates of coverage showing coverage for all persons providing services on the project; and (ii) no later than seven days after receipt by the Contractor, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (e) retain all required certificates of coverage on file for the duration of the project and for one year thereafter; (f) notify the governmental entity in writing by certified mail or personal delivery, within 10 days after the Contractor knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project; (g) post a notice on each project site informing all persons providing services on the project that they are required to be covered, and stating how a person may verify current coverage and report failure to provide coverage. This notice does not satisfy other posting requirements imposed by the Texas Worker's Compensation Act or other commission rules. This notice must be printed with a title in at least 30-point bold type and text in at least 19-point normal type, and shall be in both English and Spanish and any other language common to the worker population. The text for the notices shall be the following text provided by the commission on the sample notice, without any additional words or changes: 11 REQUIRED WORKERS' COMPENSATION COVERAGE "The law requires that each person working on this site or providing services related to this construction project must be covered by workers' compensation insurance. This includes persons providing, hauling, or delivering equipment or materials, or providing labor or transportation or other service related to the project, regardless of the identity of their employer or status as an employee. " "Call the Texas Workers' Compensation Commission at 8001372-7713 or 5121804-4000 (littp://www twee.state. &-us/twcccontacts.him l) to receive information of the legal requirements for coverage, to verify whether your employer has provided the required coverage, or to report an employer's failure to provide coverage, " and (h) contractually require each person with whom it contracts to provide services on a project, to: (i) provide coverage based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements for all of its employees providing services on the project, for the duration of the project; (ii) provide a certificate of coverage to the Contractor prior to that person beginning work on the project; (iii) include in all contracts to provide services on the project the following language: "By signing this contract or providing or causing to be provided a certificate of coverage, the person signing this contract is representing to the governmental entity that all employees of the person signing this contract who will provide services on the project will be covered by workers' compensation coverage for the duration of the project, that the coverage will be based on proper reprinting of classification codes and payroll amounts, and that all coverage agreements will be filed with the appropriate insurance carrier or, in the case of a self -insured, with the commission's Division of Self -Insurance Regulation. Providing false or misleading information may subject the Contractor to administrative penalties, criminal penalties, civil penalties, or other civil actions."; (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; 12 (vii) notify the governmental entity in writing by certified mail or personal delivery, within 10 days after the person knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project; and (viii) contractually require each other person with whom it contracts, to perform as required by paragraphs (i)-(viii), with the certificate of coverage to be provided to the person for whom they are providing services. 29. DISABLED EMPLOYEES Contractors having more than fifteen (15) employees agree to comply with the Americans with Disabilities Act of 1990, and agree not to discriminate against a qualified individual with a disability because of the disability of such individual in regard to job application procedures, the hiring, advancement, or discharge of employees, employee compensation, job training, and other terms, conditions, and privileges of employment. 30. PROTECTION AGAINST CLAIMS OF SUBCONTRACTORS LABORERS MATERIAL,MEN AND FURNISHERS OF MACHINERY, EQUIPMENT AND SUPPLIES Without limiting, in any way, manner or form, the indemnity provided by Contractor in paragraph 27 hereof, the Contractor agrees that it will indemnify and save the Owner and all of its officers, agents and employees, " harmless against any and all claims, liabilities, losses, damages, expenses and causes of action arising out of, in any way, manner or form, the demands of subcontractors, laborers, workmen, mechanics, material men and furnishers of machinery and parts thereof, equipment, power tools, and supplies, incurred in the performance of this contract and the project which is the subject matter of this contract. When Owner so desires, the Contractor shall furnish satisfactory evidence that all obligations of the nature hereinabove designated have been paid, discharged or waived. 31. PROTECTION AGAINST ROYALTIES OR PATENT INVENTION The Contractor shall pay all royalties and license fees, and shall provide for the use of any design, device, material or process covered by letters patent or copyright by suitable legal agreement with the Patentee or owner thereof. Without limiting, in any way, manner or form, the indemnity provided by Contractor in paragraph 27 hereof, the Contractor shall defend all suits or claims for infringement of any patent or copyrights and shall indemnify and save the Owner, and all of its officers, agents and employees harmless from any loss on account thereof, except that Owner shall defend all such suits and claims and shall be responsible for all such loss when a particular design, device, material or process or the product of a particular manufacturer or manufacturers is specified or required in these contract documents by Owner; provided, however, if choice of alternate design, device, material or process is allowed to the Contractor, then Contractor shall indemnify and save Owner, and all of its officers, agents and employees harmless from any loss on account thereof. Notwithstanding anything herein to the contrary, if the material or process specified or required by Owner and/or this contract is an infringement, the Contractor shall be responsible for such loss unless it gives written notice of such infringement to the Owner's Representative prior to offering. 32. LAWS AND ORDINANCES The Contractor shall at all times observe and comply with all federal, state and local laws, ordinances and regulations, which in any manner affect the contract or the work, and without limiting, in any way, manner or form, the indemnity provided by Contractor in paragraph 27 hereof, Contractor shall indemnify and save harmless the Owner, and all of its officers, agents, and employees against any claims arising from the violation of any such laws, ordinances, and regulations, whether by the Contractor, its employees, or subcontractors. If the Contractor 13 observes that the plans and specifications are at variance therewith, he shall notify the Owner's Representative in writing prior to proposing and any necessary changes shall be adjusted as provided in the contract for changes in the work. In the absence of timely written notification to Owner's Representative of such variance or variances within said time, any objection and/or assertion that the plans and specifications are at variance with any federal, state or local laws, ordinances or regulations shall be deemed waived. If the Contractor, its employees or subcontractors perform any work contrary to such laws, ordinances, rules and regulations, and without such notice to the Owner's Representative, Contractor shall bear all costs arising there from. The Owner is a municipal corporation of the State of Texas and the law from which it derives its powers, insofar as the same regulates the objects for which, or the manner in which, or the conditions under which the Owner may enter into contracts, shall be controlling, and shall be considered as part of this contract to the same effect as though embodied herein. K3G 0111 IT"1112 The Contractor agrees that it will retain personal control and will give its personal attention to the fulfillment of this contract. The Contractor further agrees that subletting of any portion or feature of the work, or materials required in the performance of this contract, shall not relieve the Contractor from its full obligations to the Owner, as provided by the contract documents. 34. TIME FOR SUBSTANTIAL COMPLETION AND LIQUIDATED DAMAGES It is hereby understood and mutually agreed by and between the Contractor and the Owner, that the date of beginning and time for completion as specified in the contract documents, of work to be done hereunder are essential conditions of this contract; and it is further mutually understood and agreed that the work embraced in this contract shall be commenced as provided in the contract documents. If the Contractor should neglect, fail, or refuse to substantially complete the work within the time herein specified, then the Contractor does hereby agree as part of the consideration for the awarding of this contract, the Owner may withhold permanently from Contractor's total compensation, the sum of $25 (TWENTY-FIVE) PER DAY, not as a penalty, but as liquidated damages for the breach of the contract as herein set forth for each and every working day that the Contractor shall be in default after the time stipulated for substantially completing the work. It is expressly understood and agreed, by and between Contractor and the Owner, that the time for the substantial completion of the work described herein is reasonable time for the completion of the same, taking into consideration the average climatic range and conditions and usual industrial conditions prevailing in this locality. The amount is fixed and agreed upon by and between the Contractor and the Owner because the actual damages the Owner would sustain in such event would be difficult and/or impossible to estimate, however, the amount agreed upon herein is a reasonable forecast of the amount necessary to render just compensation to Owner, and is expressly agreed to be not disproportionate to actual damages as measured at time of breach. IT IS FURTHER AGREED AND UNDERSTOOD BETWEEN THE CONTRACTOR AND OWNER THAT TIME IS OF THE ESSENCE OF THIS CONTRACT. 35. TIME AND ORDER OF COMPLETION It is the meaning and intent of this contract, unless otherwise herein specifically provided, that the Contractor shall be allowed to prosecute its work at such time and sessions, in such order of precedence, and in such manner as shall be most conductive to economy of construction; provided, however, that the order and time of prosecution shall be such that the work shall be substantially completed as a whole and in part, in accordance with this contract, the plans and specifications, and within the time of completion designated in the proposal; provided, also, that when the Owner is having other work done, either by contract or by its own force, the Owner's 14 Representative may direct the time and manner of constructing work done under this contract so that conflicts will be avoided and the construction of the various works being done for the Owner shall be harmonized. The Contractor shall submit, at such times as may reasonably be requested by the Owner's Representative, schedules which shall show the order in which the Contractor intends to carry on the work, with dates at which the Contractor will start the several parts of the work and estimated dates of completion of the several parts. 36. TIME OF PERFORMANCE The Contractor agrees that it has submitted its proposal in full recognition of the time required for the completion of this project, taking into consideration the average climatic range and industrial conditions prevailing in this locality, and has considered the liquidated damage provisions of paragraph 34 hereinabove set forth and expressly agrees that it shall not be entitled to, nor will it request, an extension of time on this contract, except when its work has been delayed by an act or neglect of the Owner, Owner's Representative, employees of the Owner or other contractors employed by the Owner, or by changes ordered in the work, or by strike, walkouts, acts of God or the public enemy, fire or flood. Any request for extension shall be in writing with the written request for same setting forth all justifications, in detail, for the request, and submitted to Owner's Representative within twenty (20) calendar days of the occurrence of the event causing said delay. A failure by Owner's Representative to -- affirmatively grant the extension no later than twenty (20) calendar days of written submission by Contractor shall be deemed a denial, and final. Further, in the absence of timely written notification of such delay and request for extension, as provided herein, any request for extension by Contractor shall be deemed waived. 37. HINDRANCE AND DELAYS In executing the contract, the Contractor agrees that in undertaking to complete the work within the time herein fixed, Contractor has taken into consideration and made allowances for all hindrances and delays incident to such work, whether growing out of delays due to unusual and unanticipated circumstances, difficulties or delays in securing material or workmen, or any other cause or occurrence. No charge shall be made by the Contractor for hindrance or delays from any cause during the progress of any part of the work embraced in this contract except where the work is stopped by order of the Owner or Owner's Representative for the Owner's convenience, in which event, such expense as in the sole judgment of the Owner's Representative that is caused by such stoppage shall be paid by Owner to Contractor. 38. OUANTITIES AND MEASUREMENTS No extra or customary measurements of any kind will be allowed, but the actual measured or computed length, area, solid contents, number and weight only shall be considered, unless otherwise specifically provided. In the event this contract is let on a unit price basis, then Owner and Contractor agree that this contract, including the specifications, plans and other contract documents are intended to show clearly all work to be done and material to be furnished hereunder. Where the estimated quantities are shown, and only when same are expressly stated to be estimates, for the various classes of work to be done and material to be furnished under this contract, they are approximate and are to be used only as a basis for estimating the probable cost of the work and for comparing their proposals offered for the work. In the event the amount of work to be done and materials to be furnished are expressly stated to be estimated, and only when same are expressly stated to be estimated, it is understood and agreed that the actual amount of work to be done and the materials to be furnished under this contract may differ somewhat from these estimates, and that where the basis for payment under this contract is the unit price method, payment shall be for the actual amount of work done and materials furnished on the project. 39. PROTECTION OF ADJOINING PROPERTY The Contractor shall take proper means to protect the adjacent or adjoining property or properties in any way encountered, which may be injured or seriously affected by any process of construction to be undertaken under this agreement, from any damage or injury by reason of said process of construction; and Contractor shall be 15 liable for any and all claims for such damage on account of his failure to fully protect all adjacent property. Without limiting, in any way, manner and form, the indemnity provided by Contractor in paragraph 27 hereof, the Contractor agrees to indemnify, save and hold harmless the Owner, and any of its officers, agents and employees, against any and all claims or damages due to any injury to any adjacent or adjoining property, related to, arising from or growing out of the performance of this contract. 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 proposal attached hereto, which has been made a part of this contract, and the Contractor hereby agrees to receive such price in full for furnishing all materials and all labor required for the aforesaid work, also, for all expenses incurred by Contractor and for well and truly performing the same and the whole thereof in the manner and according to this agreement, the attached specifications, plans, contract documents and requirements of Owner's Representative. 41. PAYMENTS No payments made or certificates given shall be considered as conclusive evidence of the performance of the contract, either wholly or in part, nor shall any certificate or payment be considered as acceptance of defective work. Contractor shall at any time requested during the progress of the work furnish the Owner or Owner's Representative with a verifying certificate showing the Contractor's total outstanding indebtedness in connection with the work. Before final payment is made, Contractor shall satisfy Owner, by affidavit or otherwise, that there are no outstanding liens against Owner's premises by reason of any work under the contract. Acceptance by Contractor of final payment of the contract price shall constitute a waiver of all claims against Owner, Owner's agents and employees, which have not theretofore been timely filed as provided in this contract. 42. PARTIAL PAYMENTS On or before the tenth day of each month, the Contractor shall submit to Owner's Representative an application for partial payment or, if the Contractor does not submit such application, the Owner's Representative shall determine the amount to be partially paid. Owner's Representative shall review said application for partial a payment if submitted, and the progress of the work made by the Contractor and if found to be in order, shall prepare a certificate for partial payment showing as completely as practical the total value of the work done by the Contractor up to and including the last day of the preceding month. The determination of the partial payment by the Owner's Representative shall be in accordance with Paragraph 14 hereof. The Owner shall then pay the Contractor on or before the fifteenth day of the current month the total amount of the Owner's Representative's Certificate of Partial Payment, less 5% of the amount thereof, which 5% shall be retained until final payment, and further, less all previous payments and all further sums that may be retained by Owner under the terms of the contract documents. Any partial payment made hereunder shall not constitute a waiver by the Owner of any and all other rights to enforce the express terms of the contract documents, and all remedies provided therein, as to any and all work performed, to be performed and/or materials delivered hereunder, including, but limited to, work to which said partial payment is attributable. 16 43. SUBSTANTIAL COMPLETION Contractor shall give Owner's Representative written notice of substantial completion. Within thirty-one (31) working days after the Contractor has given the Owner's Representative written notice that the work has been substantially completed, the Owner's Representative and/or the Owner shall inspect the work and within said time, if the work be found to be substantially completed in accordance with the contract documents, the Owner's Representative shall issue to the Owner and Contractor a certificate of substantial completion. Notwithstanding the issuance of a certificate of substantial completion, Contractor shall proceed with diligence to finally complete the work within the time provided in this contract. 44. FINAL COMPLETION AND PAYMENT The Contractor shall give written notice to Owner's Representative of final completion. Upon written notice of final completion, the Owner's Representative shall proceed to make final measurement to determine whether final completion has occurred. If the Owner's Representative determines final completion has occurred, Owner's Representative shall so certify to the Owner. Upon certification by Owner's Representative of final completion, Owner shall pay to the Contractor on or before the 31 st working day after the date of certification of final completion, the balance due Contractor under the terms of this agreement. Neither the certification of final completion nor the final payment, nor any provisions in the contract documents shall relieve the Contractor of the obligation for fulfillment of any warranty which may be required in the contract documents and/or any warranty or warranties implied by law or otherwise. 45. CORRECTION OF WORK Contractor shall promptly remove from Owner's premises all materials condemned by the Owner's Representative on account of failure to conform to the contract documents, whether actually incorporated in the work or not, and Contractor shall at its own expense promptly replace such condemned materials with other materials conforming to the requirements of the contract documents. Contractor shall also bear the expense of restoring all work of other contractors damaged by any such removal or replacement. If Contractor does not remove and replace any such condemned work within a reasonable time after a written notice by the Owner or the Owner's Representative, Owner may remove and replace it at Contractor's expense. Neither the final payment, nor certification of final completion or substantial completion, nor any provision in the contract documents shall relieve the Contractor of responsibility for faulty materials or workmanship, and Contractor shall remedy any defects due thereto and pay for any damage to other work resulting therefrom, which shall appear within a period of one (1) year from the date of certification of final completion by Owner's Representative. 46. PAYMENT WITHHELD The Owner or Owner's Representative may, on account of subsequently discovered evidence, withhold or nullify the whole or part of any certification to such extent as may be necessary to protect itself from loss on account of. (a) Defective work not remedied and/or work not performed. (b) Claims filed or reasonable evidence indicating possible filing of claims. (c) Damage to another contractor. When the above grounds are removed, or the Contractor provides a surety bond satisfactory to the Owner, in the amount withheld, payment shall be made for amounts withheld because of them. 17 -1 47. CLAIM OR DISPUTE It is further agreed by both parties hereto that all questions of dispute or adjustment presented by the Contractor shall be in writing and filed with the Owner's Representative within fifteen (15) calendar days after the Owner's Representative has given any direction, order or instruction to which the Contractor desires to take exception. Timely written notice of dispute as provided in this contract of any decision by Owner's Representative or Owner shall be a condition precedent to the bringing and/or assertion of any action or claim by Contractor of any right under this Contract. If the matters set forth in the notice of dispute are not granted or otherwise responded to by Owner's Representative within fifteen (15) calendar days of receipt of notice of dispute by Owner's Representative, said objections shall be deemed denied. Any decision by the Owner's Representative, or deemed denial by the Owner's Representative, shall be final and conclusive in the absence of fraud. It is further agreed that the acceptance by the Contractor of the final payment shall be a bar to any and all claims of the Contractor, and constitute a waiver of the right to assert any claim against Owner, Owner's agents and employees and Owner's Representative, by Contractor. 48. NON-COMPLIANCE AND/OR ABANDONMENT BY CONTRACTOR In case the Contractor should (1) abandon and fail or refuse to resume work within fifteen (15) calendar days after written notification from the Owner or the Owner's Representative, or (2) if the Contractor fails to comply with the written orders of the Owner's Representative, when such orders are consistent with this contract, then the Surety on the bond shall be notified in writing and directed to complete the work and a copy of said notice shall be delivered to the Contractor. In the event a bond is not required by law, or otherwise obtained by the Contractor, no further notice of such non-compliance to Contractor shall be required. After receiving said notice of abandonment or non-compliance , the Contractor shall not remove from the work any machinery, equipment, tools, materials or supplies then on the job, but the same, together with any materials and equipment under the contract for work, may be held for use on the work by the Owner or the Surety of the Contractor, or another contractor, in completion of the work; and the Contractor shall not receive any rental or credit therefore (except when used in connection with Extra Work, where credit shall be allowed as provided for under paragraph 24 of this contract); it being understood that the use of such equipment and materials will ultimately reduce the cost to complete the work and be reflected in the final settlement. In the event the Contractor, or Surety, whichever is applicable, should fail to commence compliance with the notice hereinbefore provided within ten (10) calendar days after service of such notice, and/or shall fail to proceed with diligence to complete the project as contemplated and in compliance with all terms and provisions of the contract documents, then the Owner may exercise any and all remedies available to it pursuant to law, contract, equity or otherwise, including, but not limited to, providing for completion of the work in either of the following elective manners: (a) The Owner may employ such force of men and use of machinery, equipment, tools, materials and supplies as said Owner may deem necessary to complete the work and charge the expense of such labor, machinery, equipment, tools, materials and supplies to said Contractor, and the expense so charged shall be deducted and paid by the Owner out of such moneys as may be due, or that may thereafter at any time become due to the Contractor under and by virtue of this Agreement. In case such expense is less than the sum which would have been payable under this contract, if the same had been completed by the Contractor, then said Contractor shall receive the difference. In case such expense is greater than the sum which would have been payable under this contract, if the same had been completed by said Contractor, then the Contractor and/or its Surety shall pay the amount of such excess to the Owner; or (b) The Owner, under sealed proposals, after notice published as required by law, at least twice in a newspaper having a general circulation in the County of location of the work, may let the contract for the 18 completion of the work under substantially the same terms and conditions which are provided in this contract. In case of any increase in cost to the Owner under the new contract as compared to what would have been the cost under this contract, such increase shall be charged to the Contractor and the Surety shall be and remain bound therefore. Should the cost to complete any such new contract prove to be less than that which would have been the cost to complete the work under this contract, the Contractor or his Surety shall be credited therewith. In the event the Owner's Representative elects to complete the work, as described above, when the work shall have been finally completed, the Contractor and his Surety shall be so notified and certification of completion as provided in paragraph 44 hereinabove set forth, shall be issued. A complete itemized statement of the contract accounts, certified to by Owner's Representative as being correct shall then be prepared and delivered to Contractor and his Surety, if applicable, whereon the Contractor or his Surety, or the Owner as the case may be, shall pay the balance due as reflected by said statement within 30 days after the date of certification of completion. In the event the statement of accounts shows that the cost to complete the work is less than that which would have been the cost to the Owner had the work been completed by the Contractor under the terms of this contract, or when the Contractor and/or his Surety, if applicable, shall pay the balance shown to be due by them to the Owner, then all machinery, equipment, tools, materials or supplies left on the site of the work shall be turned over to the Contractor and/or his Surety, if applicable. Should the cost to complete the work exceed the contract price, and the Contractor and/or his Surety, if applicable, fail to pay the amount due the Owner within the time designated hereinabove, and there remains any machinery, equipment, tools, materials or supplies on the site of the work, notice thereof, together with an itemized list of such equipment and materials shall be mailed to the Contractor and his Surety, if applicable, at the respective addresses designated in this contract; provided, however, that actual written notice given in any manner will satisfy this condition. After mailing, or other giving of such notice, such property shall be held at the risk of the Contractor and his Surety, if applicable, subject only to the duty of the -- Owner to exercise ordinary care to protect such property. After fifteen (15) calendar days from the date of said notice the Owner may sell such machinery, equipment, tools, materials or supplies and apply the net sum derived from such sale to the credit of the Contractor and his Surety, if applicable. Such sale may be made at either public or private sale, with or without notice, as the Owner may elect. The Owner shall release any machinery, equipment, tools, materials, or supplies that remain on the jobsite and belong to persons other than the Contractor or his Surety, if applicable, to their proper owners. The remedies provided to Owner by law, equity, contract, or otherwise, shall be cumulative, to the extent permitted by law. It is expressly agreed and understood that the exercise by Owner of the remedies provided in this paragraph shall not constitute an election of remedies on the part of Owner, and Owner, irrespective of its exercise of remedies hereunder, shall be entitled to exercise concurrently or otherwise, any and all other remedies available to it, by law, equity, contract or otherwise, including but not limited to, liquidated damages, as provided in paragraph 34, hereinabove set forth. 49. LIMITATION ON CONTRACTOR'S REMEDY The remedies of Contractor hereunder shall be limited to, and Owner shall be liable only for, work actually performed by Contractor and/or its subcontractors as set forth in the contract documents, and Owner shall not be liable for any consequential, punitive or indirect loss or damage that Contractor may suffer in connection with the project which is the subject matter of this contract. 50. BONDS The Contractor is required to furnish a performance bond in accordance with Chapter 2253, Government Code, in the amount of 100% of the total contract price in the event that said contract price exceeds $100,000 and the Contractor is required to furnish a payment bond in accordance with Chapter 2253, Government Code, in the amount of 100% of the total contract price in the event that said contract price exceeds $25,000. All bonds shall 19 be submitted on forms supplied by the Owner, and executed by an approved Surety Company authorized to do business in the State of Texas. It is further agreed that this contract shall not be in effect until such bonds are so furnished. 51. SPECIAL CONDITIONS In the event special conditions are contained herein as part of the contract documents and said special conditions conflict with any of the general conditions contained in this contract, then in such event the special conditions shall control. 52. LOSS OR EXPENSE DUE TO UNUSUAL OR UNANTICIPATED CIRCUMSTANCES Unless otherwise specified herein, all loss, expense or damage to the Contractor arising out of the nature of the work to be done, or from the action of the elements, or from any unforeseen circumstance or from unusual obstructions or difficulties, naturally occurring, man made or otherwise, which may be encountered in the prosecution of the work, shall be sustained and borne by the Contractor at his own cost and expense. 53. INDEPENDENT CONTRACTOR Contractor is, and shall remain, an independent contractor with full, complete and exclusive power and authority to direct, supervise, and control its own employees and to determine the method of the performance of the work covered hereby. The fact that the Owner or Owner's Representative shall have the right to observe Contractor's work during Contractor's performance and to carry out the other prerogatives which are expressly reserved to and vested in the Owner or Owner's Representative hereunder, is not intended to and shall not at any time change or effect the status of the Contractor as an independent contractor with respect to either the Owner or Owner's Representative or to the Contractor's own employees or to any other person, firm, or corporation. 54. CLEANING UP The Contractor shall at all times keep the premises free from accumulation of debris caused by the work, and at the completion of the work Contractor shall remove all such debris and also its tools, scaffolding, and surplus materials and shall leave the work room clean or its equivalent. The work shall be left in good order and condition. In case of dispute Owner may remove the debris and charge the cost to the Contractor. 55. HAZARDOUS SUBSTANCES AND ASBESTOS Hazardous Substances (herein so called), as defined in the Comprehensive Environmental Response, Compensation, and Liability Act (42 U.S.C.S. §9601(14)) and the regulations promulgated thereunder, as same may be amended from time to time, hydrocarbons or other petroleum products or byproducts and/or asbestos, in any form, shall not (i) be utilized, in any way, manner or form, in the construction of, or incorporation into, the Project; or (ii) be brought upon, placed, or located, by any party, on the Project site, or any other property of the City, without the written consent of the Owner's Representative. If Contractor believes that the utilization of a Hazardous Substance, hydrocarbons or other petroleum products or byproducts and/or asbestos is necessary in the construction of the Project, or that it is necessary to place and/or otherwise locate upon the site of the Project or other property of the City, a Hazardous Substance, hydrocarbons or other petroleum products or byproducts and/or asbestos, Contractor shall notify the Owner's Representative, and request consent therefrom, at least twenty (20) days prior to such action. Owner's Representative may grant or deny the request of Contractor and provide whatever requirements such consent, if granted, is conditioned upon, in its sole and absolute discretion. If the request of Contractor is not granted, or otherwise not responded to, by Owner's Representative within five (5) days of the receipt of said request, said request shall be deemed to be denied. In the event Owner's Representative shall consent to the request of Contractor, Contractor shall be responsible for ensuring that all personnel involved in the Project are (i) trained for the level of expertise required for proper Rol performance of the actions contemplated by this Contract and, in particular, in all aspects of handling, storage, disposal and exposure of Hazardous Substances, hydrocarbons or other petroleum products or byproducts and/or asbestos; and (ii) are provided and utilize all protective equipment, including without limitation, personal protective gear, necessary to provide protection from exposure to Hazardous Substances, hydrocarbons or other petroleum products or byproducts and/or asbestos. 56. NONAPPROPRIATION All funds for payment by the City under this contract are subject to the availability of an annual appropriation for this purpose by the City. In the event of non -appropriation of funds by the City Council of the City of Lubbock for the goods or services provided under the contract, the City will terminate the contract, without termination charge or other liability, on the last day of the then -current fiscal year or when the appropriation made for the then -current year for the goods or services covered by this contract is spent, whichever event occurs first. If at any time funds are not appropriated for the continuance of this contract, cancellation shall be accepted by the Seller on thirty (30) days prior written notice, but failure to give such notice shall be of no effect and the City shall not be obligated under this contract beyond the date of termination. 21 CURRENT WAGE DETERMINATIONS RE: RESOLUTION NO.2002-R0483, NOVEMBER 14, 2002 Craft Acoustical Ceiling Installer Air Conditioner Installer Air Conditioner Installer -Helper Asbestos Worker Asbestos Supervisor Bricklayer Bricklayer -Helper Carpenter Carpenter -Helper Cement Finisher Drywall Hanger Electrician Electrician -Helper Equipment Operator -Heavy Equipment Operator -Light Fire Sprinkler Fitter -Journey Fire Sprinkler Fitter -Apprentice Floor Installer Glazier Insulator-Piping/Boiler Insulator -Helper Iron Worker Laborer -General Mortar Mixer Painter -, Plumber Plumber -Helper y Roofer Roofer -Helper Sheet Metal Worker Sheet Metal Worker -Helper Welder -Certified EXHIBIT A City of Lubbock Building Construction Trades Prevailing Rates Hourly Rate 11.50 12.00 7.50 9.00 12.50 12.50 7.00 11.00 7.00 9.00 11.00 15.00 8.00 10.00 9.00 18.00 10.00 9.50 10.50 10.50 7.00 11.00 6.00 6.00 9.50 12.50 7.00 9.00 7.00 10.00 7.00 11.00 1 EXHIBIT B Paving and Highway Construction Prevailing Wage Rates Craft Hourly Rate Asphalt Heaterman 9.00 Asphalt Shoveler 7.50 Concrete Finisher 9.00 Concrete Finisher -Helper 7.50 _. Electrical Repairer -Equipment 12.50 Flagger 6.50 Form Setter 8.00 Form Setter -Helper 6.50 Laborer -General 6.00 Laborer -Utility 6.75 Mechanic 9.00 _ Mechanic -Helper 7.00 Power Equipment Operators Asphalt Paving Machine 9.00 Bulldozer 9.00 Concrete Paving Machine 9.00 Front End Loader 9.00 Heavy Equipment Operator 9.00 Light Equipment Operator 8.00 _ . Motor Grader Operator 10.25 Roller 7.00 Scraper 7.50 Tractor -Trailer 8.50 Truck Driver -Heavy 8.00 Truck Driver -Light 7.00 F 2 EXHIBIT C Prevailing Wage Rates Overtime Rate The rate for overtime (in excess of forty hours per week) shall be as required by the Fair Labor Standards Act. EXHIBIT D Prevailing Wage Rates Legal Holiday Rate The rate for legal holidays shall be as required by the Fair Labor Standards Act. 3 SPECIFICATIONS CITY OF LUBBOCK PUBLIC WORKS ENGINEERING CEMETERY AND MAUSOLEUM ENTRANCE ROAD TECHNICAL SPECIFICATIONS October 13, 2006 TABLE OF CONTENTS SECTION PAGE NUMBER 1.1 GENERAL 1 1.2 Specifications 1 1.3 Warranty and Acceptance 1 1.4 Testing and Inspection 2 1.5 Cleanup and Site Restoration 2 1.6 Notification of Property Owners 3 1.7 Protection of Utilities and Irrigation Systems 3 1.8 Water for Construction 3 2.1 CONCRETE 4 2.2 Classification 5 2.3 Mix Design 5 2.4 Strength Requirements 6 2.5 Cement 6 2.6 Aggregate 6 2.7 Flowable Fill 7 2.8 Water 8 2.9 Admixtures 8 2.10 Reinforcing Materials 8 2.11 Joints 9 2.12 Joint Sealing Materials 10 2.13 Curing Compounds 10 2.14 Forms for Concrete 10 2.15 Placing and Finishing Concrete 11 3.1 SUBGRADE 12 4.1 FLEXIBLE BASE (CALICHE) 13 4.2 Materials Tests 13 4.3 Flexible Base Construction 14 5.1 ASPHALT STABLIZED BASE (ASB) 15 5.2 ASB Mix design 15 5.3 Placing ASB 16 5.4 ASB Compaction 16 6.1 HOT MIX ASPHALT CONCRETE SURFACE (HMAC) 17 6.2 Thickness of HMAC Surface 18 6.3 Mix Design 18 6.4 Coarse Aggregate 19 6.5 Fine Aggregate 20 6.6 Asphalt 20 6.7 Placing HMAC 21 6.8 Compaction 22 6.9 Prime and Tack'Coats 23 6.10 Emulsified Asphalt Sealer 23 7.1 FENCES 23 8.1 BARRICADES 24 9.1 PROSECUTION OF THE WORK AND WORKING DAYS 24 9.2 Working Days Definition 25 9.3 Work Between November 1 and January 2 26 10.1 MEASUREMENT AND PAYMENT 26 10.2 Curb and Gutter 26 10.3 Concrete Flat Slabs 26 10.4 Curb Ramps 26 10.5 Asphalt Paving 27 10.6 Asphalt Paving Repair 27 10.7 Brick Planter Boxes 27 10.8 Chain Link Fence Adjustment 27 10.9 Curb and Gutter Removal 27 10.10 Tree Removal 27 10.11 Storm Water Pollution Prevention Plan 28 CITY OF LUBBOCK CEMETERY AND MAUSOLEUM TECHNICAL SPECIFICATIONS 1.1 GENERAL The construction and materials for any City of Lubbock Street/Drainage Engineering project shall conform to the following specifications and associated plan sheets. Any construction or materials failing to meet the requirements of these specifications or the plan sheets shall be removed and replaced at the Contractor's expense. No consideration will be given to requests for reduced payments, except as specified, or extended warranties for construction or materials not in conformance with these specifications or the plan sheets. The Engineer may require certificates from manufacturers certifying that materials or equipment to be incorporated into the work meet these specifications. Material Safety Data Sheets (MSDS) shall be required on all materials. All materials or equipment shall be subject to approval by the Engineer before being incorporated into any project. After approval, the source and/or character of materials shall not be changed without written authorization by the Engineer. The term Engineer used in these specifications may refer to the City of Lubbock City Engineer or an individual designated by the City Engineer to administer these specifications and associated plans. 1.2 SPECIFICATIONS Any references to these specifications, ASTM, AASHTO, TxDOT, or other designated tests, procedures, quality standards, or requirements which are included in these specifications or any associated plans shall be the latest edition and revision thereof. When information indicated on plan sheets is different from these specifications, the information on the plans shall govern. 1.3 WARRANTY AND ACCEPTANCE All equipment, materials, and construction incorporated into any project covered by these specifications shall be guaranteed against defective material and workmanship. Prior to final acceptance, the contractor shall furnish to the Engineer, a Maintenance Bond which shall provide that the contractor shall remedy any defects in the work, and pay for any and all damages of any nature whatsoever resulting in or from such defects when such defects appear within one year from the date of acceptance of the work. The determination of the necessity during the warranty period for the contractor to repair or replace the work in whole or in part shall rest with the Engineer. 1.4 TESTING AND INSPECTION All work shall be inspected and/or tested by a representative designated by the Engineer, who shall have the authority to halt construction when, in his opinion, construction is being performed contrary to these specifications or associated plans. Whenever any portion of these specifications or associated plans is violated, the Engineer may order that portion of construction that is in violation to cease until such violation is corrected. Contractor shall cooperate with the Engineer in providing for sampling and testing procedures. In the event City tests indicate out of specification materials, additional tests may be provided by the contractor at his expense. Conflicting tests provided by the contractor will not automatically be considered as compliance with specifications, but will be considered only as additional information to be used by the Engineer to determine the compliance of the material or construction in question. The testing and inspection provided by the City is intended only to verify that materials and construction comply with plans and specifications. The City's testing and inspection are not intended to replace the contractor's responsibility to comply with the specifications. With respect to new material sources, or where the City lab has determined materials do not meet specifications, the City will not re -test until the contractor has provided his own testing to demonstrate the materials and construction are in compliance with the plans and specifications. Upon completion of construction, the contractor shall flood all paving improvements within the project. Any improvements holding water one quarter inch or more in depth, or extending more than 10 feet in length shall be removed and replaced. 1.5 CLEANUP AND SITE RESTORATION After any construction covered by these specifications is completed, the Contractor shall remove all equipment, surplus materials, and rubbish from the site. The contractor shall restore all disturbed areas to their original condition satisfactory to the Engineer. 1.6 NOTIFICATION OF PROPERTY OWNERS The contractor shall be responsible for maintaining positive communication with adjacent property owners. The contractor shall notify all affected property owners with respect to pending construction, restricted access, and driveway locations. 1.7 PROTECTION OF UTILITIES AND IRRIGATION SYSTEMS The plans show only approximate locations of utilities as obtained from various utility companies. It is not implied that all utilities or accurate locations are shown on the plans. It is the contractor's responsibility to familiarize himself with all utilities and locations. The contractor shall comply with all laws, ordinances, and regulations with respect to utility notification and protection, including Underground Facility Damage Prevention Notification Centers. The contractor shall call DIG TESS 1-800-545-6005 and provide time for all utilities to be identified prior to construction. On all projects the contractor shall exercise care not to damage any sanitary sewer pipe, manholes, storm sewers, water lines, valves and boxes, communication cables, power cables, gas lines, nor any other pipe or utility. The contractor will be responsible during the construction period for damages to any utilities. Irrigation systems affected by construction shall be properly repaired with materials equal the existing system. The repairs shall be pressure tested to the satisfaction of the Engineer prior to being covered. 1.8 WATER FOR CONSTRUCTION The City will not furnish water at no charge for construction. To use City water for construction the contractor shall acquire a water meter for use on a City fire hydrant, and will be charged the applicable rate for the quantity of water used. The contractor shall contact Lubbock Power and Light Customer Service Department (775-2509) and establish a utility account. The contractor must pay the current deposit for a fire hydrant meter. After the account is established and the deposit is paid, the contractor may pick up a meter from the City Water Department at 600 Municipal Drive. Fire hydrants shall be operated only by use an approved fire hydrant wrench. No pipe wrenches, or other unapproved devices, shall be used to open and close a fire hydrant. 3 For top loading trucks or containers the contractor shall provide a back flow prevention assembly on the discharge side of the meter. The backflow prevention assembly shall be in the form of two spring loaded, ball check valves. When filling the truck or container there shall be an air gap of at least two times the opening diameter of the truck or container. For bottom loading trucks the contractor shall provide a Reduced Pressure Zone (RPZ) - type backflow prevention assembly. All Reduced Pressure Zone type back flow prevention assemblies must be tested, and the test results approved by the City prior to use. The test results shall be sent to the City of Lubbock Water Utilities Department, m Meter and Customer Service Supervisor for approval. In accordance with City of Lubbock Ordinance No. 10208 "Pertaining to Backflow Prevention", the City representatives are authorized to suspend water use from a fire hydrant by a contractor until the proper and correct backflow prevention devices are installed. 2.1 CONCRETE These specifications shall govern Portland cement concrete used for curb and gutter, valley gutters, alley paving, sidewalks, street paving, drainage channels. The concrete shall be produced at a Ready -Mix Concrete Batch Plant conforming to ASTM C 94. The concrete shall be transported to the project location in approved Revolving Drum Agitator Trucks, and shall be placed within one hour of mixing time. The concrete shall be continuously mixed during transit. No patching of any nature shall be allowed in repairing any damage to concrete improvements. Where damage occurs, the section shall be removed to the nearest joints and shall be replaced with new construction. Small cracks with no evidence of displacement may be repaired with epoxy, only where approved by the Engineer. All concrete shall have 5%, plus or minus 1-1/2%, air entrainment in conformance with ASTM C 260. All concrete street pavement shall include proper jointing as determined by the Engineer and a minimum reinforcement of number 4 bars on 18" centers both ways, or as indicated on plans. When delivered to the jobsite each truck shall provide the load ticket indicating weights of all concrete ingredients, including cement, aggregates, water, and admixtures. 4 2.2 CLASSIFICATION The following City of Lubbock classes of concrete shall be used: Class A Curb and gutter, sidewalks, curb ramps, drainage channels, medians, inlet boxes, headwalls, junction boxes, driveways, and retaining walls. Class B Valley gutters and fillets, alley returns, and alley paving. Class C Concrete street pavement. Class D Utility encasements Class E Fast setting concrete pavement such as "Fast Track" Concrete Pavement or, other special design. 2.3 MIX DESIGN Twenty to thirty days prior to beginning any concrete construction the contractor shall submit the following to the Engineer for approval: 1. Test certificates from an approved commercial testing laboratory on all proposed aggregate. Certificates shall indicate material source, gradation, and loss from 5 cycle Magnesium Sulfate or Sodium Sulfate test (not to exceed 18%) 2. A mix design based on water -cement ratio. 3. Results of compression tests in conformance with ASTM C 39 and/or flexural - tests in conformance with ASTM C 78, made by an approved commercial testing laboratory. Tests shall be made on 6 cylinders and/or 6 beams at curing times appropriate to the class of concrete. The City Engineer will approve or reject the mix design and materials based on these submittals. This approval shall be subject to additional testing during construction. 5 Mix designs for various classes of concrete shall conform to the following: Minimum Sacks Maximum Gal Maximum Slump Class Cement per CY Water per Sack Inches A 5.0 6.5 5 B 5.5 5.5 5 C 6.0 6.0 3 D 4.5 6.5 5 E 7.0 5.0 As specified by concrete batch plant 2.4 STRENGTH REQUIREMENTS The various classes of concrete shall conform to the following minimum strengths in psi as determined by the average of two test cylinders or beams. If cores are subsequently used to prove compressive strength where test cylinders indicate failures, the required compressive strength shall be increased by 10%. COMPRESSIVE FLEXURAL Class 3 Day 7 Day 28 Day A - 2100 B 2500 3000 C - 2500 D - - E 3000 psi at 24 hours 2.5 CEMENT 3000 - 3600 600 (28 day) 2500 - Cement shall be Type I, Type II, Type III, or Type V cements, conforming to ASTM C 150 "Standard Specification for Portland Cement". Air entrained cement shall be Type IA, Type IIA, Type IIIA, or Type VA conforming to ASTM C 175 "Specification for Adding Air Entraining to Portland Cement' and ASTM C 226 "Standard Specification for Air -Entraining Portland Cement'. 2.6 AGGREGATE Concrete aggregate shall consist of natural, washed and screened sand, and washed and screened gravel or clean crushed stone conforming to ASTM C 33. The aggregates shall be well graded from coarse to fine with a maximum size of 1-1/2 inches, and shall conform to ASTM C 136. All aggregate shall be free of injurious amounts of clay, soft or flaky materials, loam, or organic impurities. Coarse aggregate for Class C or E concrete shall be crushed limestone (Brownwood type or equivalent). Fine aggregate shall be graded from fine to coarse and shall conform to ASTM C 136. The gradation for aggregate shall meet the following requirements by weight: FINE AGGREGATE COARSE AGGREGATE Sieve Percent Retained Sieve Percent Retained 3/8 inch 0 1-3/4 inch 0 No. 4 0-5 1-1/2 inch 0-5 No.16 20-55 3/4inch 30-65 No. 30 45-75 3/8 inch 70-90 No. 50 70-90 No. 4 95-100 No. 100 98-100 Maximum amounts of organic impurities shall conform to ASTM C 40 and ASTM C 87. Maximum amounts of impurities finer than the #200 sieve shall conform to ASTM C 117. Maximum amounts of soft particles shall conform to ASTM C 123. Maximum amounts of friable particles shall conform to ASTM C 142. Stockpiles shall be protected from dusty conditions by drift fences or other methods approved by the Engineer. Stockpiling methods used shall not allow aggregate to roll down the slope as it is added to existing stockpiles. Stockpiles shall be built in layers of uniform thickness. Equipment shall not be permitted to operate over the same lift repeatedly. 2.7 FLOWABLE FILL Flowable fill shall consist of a concrete mixture of pea gravel and sand with a cement content of 1-1/2 sacks per cubic yard. Flowable fill shall be used for backfill in all utility ditches within the right of way, and other areas as specified. Utility ditches in existing paved streets shall be backfilled with flowable fill from the bottom of the ditch to the paving surface. Use of concrete in place of flowable fill is not acceptable, and if used in place of flowable fill shall be removed by the contractor. 2.8 WATER Water shall be clean, clear, free from oil, acid or organic matter and free from injurious amounts of alkali, salts, or other chemicals and shall conform to AASHTO T26. 2.9 ADMIXTURES Admixtures may be applied to the concrete mix design when approved by the Engineer to achieve any desired special properties. Chemical admixtures shall conform to ASTM C 494. Chemical admixtures shall not be used as a substitute for Cement. Mineral admixtures such as Fly Ash and Natural Pozzolans in conformance with ASTM C 618 may not be used with Types I, II, III, and V Portland Cement unless specifically approved by the Engineer. If approved only Class C or Class F fly ash may be used. When fly ash is permitted to be used, "cement" in relation to mix design shall be defined as "cement plus fly ash". Fly ash may constitute no more than 15% by absolute volume of the cement as approved by the Engineer. 2.10 REINFORCING MATERIALS GENERAL - All concrete, except for curb and gutter, shall incorporate wire mesh or fiber reinforcement, and/or other reinforcement as indicated on plan sheets. Metal reinforcement shall be grade 40 (40KSI) unless indicated otherwise on plan sheets. All steel reinforcing materials shall be securely held in proper position with devices appropriate to the type of reinforcement used, subject to approval by the Engineer. STEEL - Wire mesh shall conform to ASTM A 185, and shall be Vx V-10 gauge welded wire fabric, or size as indicated on plan sheets. Reinforcing bars shall be open- hearth basic oxygen or electric furnace new billet steel manufactured in accordance with ASTM A 615 and ASTM A 305. Steel reinforcing materials stored at any location shall be protected from accumulations of grease, mud or other foreign matter, and rust producing materials. When incorporated into construction, steel reinforcement shall be free from rust, scale, oil, mud, and structural defects. Dowels for slip joints shall be smooth plain round bars free from burrs, rough surfaces, and deformations. Sleeves or wrapping shall be as indicated on plan sheets. Chairs shall be used to support the reinforcing steel in the correct position while concrete is being placed. Chairs shall be made of plastic (preferred) or steel, and shall be of adequate size to positively hold the reinforcing materials in position. FIBER - Fiber reinforcement may be used in place of wire mesh only if approved by the City Engineer. Fiber reinforcement shall be either 100% virgin polypropylene, collated, fibrillated fibers specifically manufactured for use as concrete reinforcement, containing no reprocessed olefin materials, or steel fibers equivalent to Novocon Xorex. The quantity of fiber reinforcement used shall be 1.5 pounds per cubic yard, or as recommended by the fiber manufacturer. The minimum physical characteristics on the fiber shall be as follows: Specific Gravity Tensile Strength Length 2.11 JOINTS 0.91 70,000 psi to 110,000 psi 3/4" Curb and gutter (Class A concrete)shall be constructed with an expansion joint at the tangent point of each return at intersections and at intervals not more than 40 feet between the intersections. The 40 foot intervals may be omitted for machine placed curb and gutter. Construction joints formed by removable metal templates accurately shaped to the cross-section of the curb and gutter shall be located at the midpoint of each section between expansion joints, or as directed by the Engineer. Tooled contraction joints, cut at least one quarter the concrete depth, shall be placed at 10 foot intervals. Alley paving (Class B concrete) shall be constructed with an expansion joint at each cold joint. Tooled contraction joints, cut 3/4 inch wide 1-5/8 inch deep, shall be placed at 13 foot intervals. Alley paving contraction joints shall be sealed with an asphaltic sealer. Street Paving (Class C or E concrete) shall be constructed with contraction and expansion joints as indicated on plan and detail sheets. Unless otherwise specified, the joints shall be sawed 1/2 inch wide and to depth equal to 1/4 of the pavement thickness plus one half inch. Joints shall be saw cut within 12 hours of placement of the concrete paving. The joints shall be sealed with an elastomeric system as specified in section 2.12. Valley gutters and fillets shall be constructed with tooled construction joints. The joints shall be sealed with an elastomeric system as indicated in section 2.12. 2.12 JOINT SEALING MATERIALS Bituminous premolded expansion joint material shall conform to ASTM D 1751, and shall be placed as indicated on plan sheets or elsewhere in these specifications. Elastomeric sealant for contraction joints shall be, or shall be equivalent to, W.R. -= Meadows "SOF-SEAL", W.R. Meadows #158 cold applied, or "GARDOX" as required by plan sheets. Hot poured sealant for joints between Portland cement concrete and Bituminous concrete shall conform to ASTM D 3405. Hot poured joint sealant for all _. other joints in Portland cement concrete pavement, shall conform to ASTM D 3406. Cold poured joint sealant shall conform to ASTM C 920. Elastomeric joint sealant shall be mixed and applied in accordance with the manufacturer's recommendations. Prior to application, joints shall be cleaned by sandblasting and otherwise prepared so that the sealant adheres to the surfaces to form an effective seal against moisture and solid particles. The sealant shall be a soft, highly flexible, rubber like material after curing which shall not track, flow, crack, or break when exposed to hot and cold temperature extremes typical of local conditions. Backer rod used with elastomeric sealant shall be 25% greater in diameter than the joint width. It shall be made of polyethylene foam or other material as recommended by the sealant manufacturer. Compression of the backer rod material shall be approximately 25% shrinkage at 8 psi applied stress. The material shall not melt, shrink, evaporate, or absorb water, and shall be compatible with the application of the sealant to be used. 2.13 CURING COMPOUNDS All fresh concrete surfaces shall be completely covered with a liquid membrane forming curing compound and the application shall conform to DMS - 4650 and TxDOT Item "Concrete Structures - Curing Materials". No other methods of moisture retention on fresh concrete shall be used unless specifically approved by the Engineer. 2.14 FORMS FOR CONCRETE Forms for concrete construction shall be set to the lines and grades established by the - Engineer after subgrade has been prepared. The forms shall be held together and in place in such a manner that they will not move during the placing and working of the concrete. The forms shall be cleaned and oiled prior to placing concrete. 10 Face forms and construction joints (removable metal plates) shall be set to hold the concrete in place until it is to be finished. Forms that are warped or damaged in any manner so as to make them unacceptable to the Engineer shall not be used. Forms for radii shall be set in the same manner as straight forms, and shall be set to produce curves true to the plans. Face forms will not be required for curb and gutter on radii if a true section can be obtained by other methods acceptable to the Engineer. 2.15 PLACING AND FINISHING CONCRETE Placing of concrete shall not start before sunrise, and shall stop one hour before sunset. Concrete shall be placed as close to its proper location as practical. Sufficient concrete shall be placed to allow for shrinkage and extra material for finishing. The concrete shall be floated and troweled to the approximate section. No water shall be added during placement or finishing of any concrete, unless specifically authorized by the Engineer. For curb and gutter removal of face forms and finishing shall be started after a partial set occurs. For all concrete construction approved forms, templates, and tools shall be used to form the cross -sections indicated on plan or detail sheets. Concrete shall not be placed when the ambient temperature is below 40 degrees F as determined by the National Weather Service continuous broadcast, 748-1071 selection 2. Concrete shall not be placed on frozen subgrade. The contractor shall have available sufficient covering material, approved by the Engineer, to immediately protect concrete should the air temperature fall below 33 degrees F. This protection shall remain in place as long as the temperature continues below 32 degrees, to a maximum of 5 days. No salt or other chemical admixtures shall be added to the concrete to prevent freezing. All concrete placed for pavement shall be consolidated by use of mechanical vibrators approved by the Engineer and designed to vibrate the concrete internally. Vibrators shall be operated in a manner not to interfere with joints, and shall not come in contact with forms. The surface of concrete street paving shall incorporate a heavy broom finish, or tined finish if indicated on plans. All other concrete surfaces shall be completed with a light broom finish. 11 Finished concrete surfaces shall not have irregularities in excess of 1/8 inch when tested with a 10 foot straightedge. Prior to acceptance, the contractor shall apply sufficient water to all concrete and paving to determine locations of ponding. Ponded areas shall be removed and replaced. Any concrete construction damaged by equipment, tools, vandals, or other influences shall be replaced at the contractor's expense. Subgrade material for concrete or asphalt construction shall consist of suitable native soil or off site soil, free from vegetation or other objectionable matter. All unstable or objectionable material shall be removed from the subgrade and replaced -with approved material. The material shall be suitable for forming a stable embankment and shall meet the following requirements: Liquid Limit 45 maximum Plasticity Index 15 maximum Linear Shrinkage 2 min -10 max Subgrade material which does not meet the above requirements may be conditioned with lime or caliche screenings. The conditioning shall produce a uniform subgrade material which meets all of these specified subgrade requirements Subgrade shall be prepared in conformance with the lines and grades shown on the plans, or as directed by the Engineer, by scarifying and compacting to a minimum of 95% of Standard Proctor Density at optimum moisture content plus or minus 2%. Subgrade shall be constructed in maximum of 6 inch lifts. The total thickness of the subgrade shall be 6 inches minimum for streets 36 feet wide or less, 12 inches minimum for streets greater than 36 feet wide, or as indicated on plan sheets. The compaction method for subgrade shall provide for each lift to be compacted to the specified density using appropriate equipment. After each section of subgrade is complete, tests as determined necessary by the City Engineer will be made by the City of Lubbock Testing Lab with respect to moisture and density using nuclear testing equipment. At any time the City Engineer may require proof rolling on streets or alleys with a 25 ton pneumatic roller, or equivalent, to test the uniformity of compaction. All utility ditches shall be determined to be stable prior to construction of subgrade over such utility ditch. 12 Any fill placed within existing or proposed street right of way in execution of an approved cut and fill plan shall meet these specifications for materials and construction. Cut and fill operations shall comply with Chapter 25 of the City of Lubbock Code of Ordinances. Subgrade which has become wet, or otherwise altered, after completion may be subject to retesting and reprocessing as determined by the Engineer. 4.1 FLEXIBLE BASE WALICIIE) The material for flexible base shall consist of crushed caliche, limestone, calcareous clay particles, conglomerate, gravel, sand, or other approved granular materials produced from oversize quarried aggregate, sized by crushing and produced from a naturally occurring single source. Blending of sources shall be allowed only if both sources individually meet the requirements of these specifications. If material characteristics within the approved source change, the material shall be subject to retesting and re -approval prior to continued use. The Contractor shall not change material sources without approval by the Engineer. All base material sources are subject to approval by the Engineer. Approved sources that do not test consistently within the limits of these specifications during construction may be rejected by the Engineer. Flexible base material may be conditioned by addition of crushed concrete (Class A Concrete minimum). Blending of crushed concrete and caliche shall be performed at the contractor's production site. The crushed concrete shall be processed to remove wood, steel and other contaminants, including brick and asphalt materials, before blending. The final blended material shall meet the material and performance specifications as stated herein. 4.2 MATERIAL TESTS Flexible base material shall conform to the following test requirements: Sieve Analysis Sieve Size 2-1/2" 1-3/4" 7/8" 1/2" #4 #40 %Retained 0 5-10 10-35 30-50 45-65 70-85 13 Atterberg Limits Material passing the No. 40 Sieve shall be known as "Soil Binder" and shall meet the following requirements: Liquid Limit 45 maximum Plasticity Index 15 maximum and 3 minimum Linear Shrinkage 10 maximum Wet Ball Mill When tested in accordance with Tex-116-E (Wet Ball Mill) the base material shall have a value not to exceed 55. The percent of material passing the #40 sieve shall not increase by more than 30 during the test. 4.3 FLEXIBLE BASE CONSTRUCTION Areas behind curbs shall be backfilled and leveled with approved topsoil prior to placing base material. Approved flexible base material shall be hauled in vehicles of uniform capacity and dumped evenly along the project length for processing and compaction. Processing shall be accomplished in multiple lifts of 3 inches compacted thickness. Each course shall be wetted and rolled with a pneumatic roller as required to produce a uniform compaction of 95% minimum of Standard Proctor Density at a moisture content 1% to 2% below optimum. At any time the Engineer may require proof rolling with a 25 ton pneumatic roller to ensure uniform compaction of base. Processing for compaction of caliche base with a sheeps foot type roller will not be permitted. The base shall be maintained by blading, watering, or other methods until the wearing surface is placed. Windrow caliche shall not be removed until the base has passed finish inspection. Base which becomes wet, or other wise altered, may be subject to retesting and reprocessing as determined by the Engineer. The compacted flexible base shall be finished and shaped immediately proceeding the - application of the surface treatment. All loose or unconsolidated material shall be removed and the surface moistened and rolled with a steel wheel roller. All irregularities, depressions, or weak spots which develop shall be corrected by scarifying, adding or removing material as required, reshaping, and recompacting, or other methods approved by the Engineer. Any deviation in the surface of the finished base in excess of 3/8 inch from the established grade or true cross-section, using a 10 foot long straight edge, shall be corrected as provided above. 14 5.1 ASPHALT STABILIZED BASE (ASB) Asphalt stabilized base shall consist of a compacted mixture of graded gravel aggregate (caliche is not an acceptable aggregate for ASB) and asphalt cement mixed hot in a mixing plant in accordance with these specifications. Unless otherwise specified, the materials and construction shall conform to TxDOT Item 292 Asphalt Treatment (Plant Mixed). The contractor's plant and equipment are subject to approval by the Engineer, and shall be appropriate and in suitable condition to produce the base material consistently in compliance with these specifications. In place compaction control is required for all ASB. The material shall be placed and compacted to a minimum density as determined by TxDOT Test Method Tex-126-E. Samples of the compacted ASB will be removed by City personnel from locations designated by the Engineer to determine composition, compaction, thickness, and density. The contractor shall replace the pavement removed from core holes at no cost to the City. ASB found to be deficient in composition, compaction, thickness, or density shall be corrected at the contractor's expense as directed by the Engineer. 5.2 ASB MIX DESIGN The contractor shall provide a current mix design using the approved materials indicating gradation and optimum asphalt content. The aggregate mixture shall conform to the following master gradation: Sieve Size 1-1/2" 3/4" ' 1/2" #4 #40 Percent Retained by Weight 0 8-30 30-55 50-70 70-90 Material passing the #40 sieve shall be known as soil binder and shall meet the following requirements: Liquid Limit shall not exceed 45 Plasticity Index shall not exceed 15 Linear Shrinkage shall not exceed 5 The mineral aggregate shall not contain more than 0.5% moisture prior to entering the pugmill for mixing with asphalt. The ASB mixture shall consist of a uniform mixture of mineral aggregate and asphaltic material. The mineral aggregate shall conform to the gradation requirements specified. 15 The percent asphaltic material shall be determined in accordance with Test Method Tex, 126-E or Test Method Tex.-204-F and procedures outlined in TxDOT Bulletin C-14. In no case shall the asphalt content be less than 4% or more than 9% by weight. Asphalt for the mixture shall meet the requirments of TxDOT Item "Asphalt, Oils, and Emulsions". The grade of asphalt and source must be approved by the Engineer prior to use. The contractor shall submit the mix design prepared by a qualified lab for approval by the Engineer. The Engineer will approve the asphalt content to be used in the mixture after design tests have been made with the aggregate to be used. The asphalt content of _ the production mixture shall not vary from the design more than 0.2% dry weight based on total mixture. 5.3 PLACING ASB Asphalt Stabilized Base shall be placed and compacted in 3 inch lifts to form a 9 inch thick compacted base, unless otherwise directed by the Engineer. Prior to placing ASB, the subgrade shall be prepared as previously specified. The cross-section shall be constructed to form the specified crown on the HMAC surface at the centerline of the street, or as indicated on the plans. ASB shall not be placed when the air temperature, as reported by the National Weather Service 748-1071 selection 2, is below 45 degrees F and falling. During June, July, and August ASB shall be placed at a temperature between 255 and 285 degrees F. During other months ASB shall be placed at a temperature between 275 and 325 degrees F. Any ASB material that is above, or below the specified temperature range may be rejected by the engineer. No payment will be made for any rejected material. Any ASB material that is rejected shall be disposed of at a location observed and approved by the engineer's representative. The ASB material shall be spread on the approved prepared surface using an approved spreading machine. The material shall be placed in such a manner that when properly compacted the finished course is smooth, of uniform density, and in conformance with the cross -sections and grades shown on the associated plans. 5.4 ASB COMPACTION The ASB shall be compacted thoroughly and uniformly with approved rollers to a density of 93% to 96% of Marshall Density. Lab specimens for Marshall Density shall be molded at 275 degrees F for mixes using Performance Grade asphalt, and 250 degrees F for mixes using AC-10. 16 Rolling shall be continued until no further increase in density can be obtained and all roller marks are eliminated. Compaction shall be completed before the ASB mixture cools below 185 degrees F. The compacted ASB shall conform the cross -sections, lines, and grades shown on the plans or as directed by the Engineer. The surface shall be smooth and have a uniform texture acceptable to the Engineer. 6.1 HOT MIX ASPHALT CONCRETE SURFACE (HMAC) Hot mix asphalt concrete surface shall consist of a minimum of one and one half inch thick compacted mixture of coarse aggregate, fine aggregate, mineral filler (if required), and asphalt cement mixed hot in a mixing plant in accordance with these specifications. Unless otherwise specified, the materials and construction shall conform to TxDOT Item 340 Dense Graded Hot Mix Asphalt Method. The contractor's plant and equipment are subject to approval by the Engineer, and shall be appropriate and in suitable condition to produce the HMAC surface consistently in compliance with these specifications. Approval of the source and character of the materials shall be obtained from the Engineer prior to use. The combined mineral aggregate , after final processing by the mixing plant and prior to addition of asphalt and mineral filler, shall have a sand equivalent value of not less than 45 when tested in accordance with Test Method Tex 203-F. The percent of flat of elongated slivers of stone for any aggregate shall not exceed 25% when tested in accordance with Test Method Tex 224-F. Asphaltic mixtures with aggregates which exhibit stripping characteristics shall be conditioned with either lime or liquid anti -stripping agent approved by the Engineer. Anti -stripping agents shall meet requirements of TxDOT Item "Asphalt Anti -stripping Agents", and shall be added at the manufacturer's recommended dosage and temperature range. Core samples of the HMAC surface will be removed by City personnel from locations designated by the Engineer (minimum of 2 cores per 600 foot block) to determine composition, compaction, thickness, and density. HMAC surface found to be deficient in composition, compaction, thickness, or density shall be corrected at the contractor's expense as directed by the Engineer. The contractor shall replace the pavement removed from core holes at no cost to the City. 17 6.2 THICKNESS OF HMAC SURFACE The thickness of HMAC surface shall be a minimum of one and one half (1-1/2) inches, unless otherwise indicated on plans. If only one core measures zero to 1/4 inch less than required thickness no corrective action shall be required. If two or more cores measure at least 1/4 inch less than the specified thickness, the HMAC surface shall be considered deficient with respect to thickness. Additional cores will be taken at 25 foot spacing to define the limits of deficiency. No additional compensation will be made to the contractor for thickness of HMAC surface greater than specified. The paving surface shall not have variations exceeding 1/8 inch between any two contact points on a 10 foot straightedge. Defects shall be remedied as directed by the engineer using methods specified in TxDOT Item 585 Ride Quality for Pavement Surfaces. 6.3 MIX DESIGN Type "D" HMAC shall be used on streets with caliche base. Type "C" HMAC shall be used on streets with asphalt stabilized base. The contractor shall provide a current HMAC mix design using the approved materials, indicating gradation and optimum asphalt content. If approved by the engineer the contractor may furnish an alternate mix design based on specific proposed materials. Otherwise the aggregate mixture shall conform to the following master gradation: Type "C" (Coarse Graded Surface Course - Streets greater than 36 feet wide) Percent passing 7/8" 100 Percent passing 5/8" 98-100 Percent retained on 3/8" 12-25 Percent retained on No. 4 15-30 Percent retained on No. 10 12-30 Total percent retained on No. 10 53-65 Percent retained on No. 40 10-20 Percent retained on No. 80 5-15 Percent retained on No. 200 5-15 Percent passing No. 200 1-6 IN Type "D" ( Fine Graded Surface Course - Streets 36 feet or less wide) Percent passing 5/8" 100 Percent retained on 3/8" 5-15 Percent retained on No. 4 30-50 Percent retained on No.10 12-30 Total Retained on No. 10 53-65 Percent retained on No.40 10-20 Percent retained on No. 80 5-15 Percent retained on No. 200 5-15 Percent passing No. 200 1-6 Material passing the No. 40 sieve shall be known as soil binder and shall meet the following requirements: Liquid Limit shall not exceed 45 Plasticity Index shall not exceed 15 Linear Shrinkage shall not exceed 5 The mineral aggregate shall not contain more than 0.5% moisture prior to entering the pugmill for mixing with asphalt. The HMAC mixture shall consist of a uniform mixture of mineral aggregate and asphalt material. The percent asphalt in the mixture shall be determined to meet the Marshall Stability criteria as follows: Marshall Criteria Type "C" Type "D" Percent Asphalt Content Optimum plus 0.25% to 0.50% No. Blows (each end of specimen) 75 50 Stability (Lb.) 1500 1200 Flow (units of 0.01 inch) 8 min 16 max 8 min 18 max Percent Air Voids 2 min 5 max 3 min 6 max If approved by the Engineer, the contractor may provide an alternate mix design based on his proposed materials. The contractor's materials and mix design shall meet all the performance criteria addressed in these specifications, and will retain the optimum plus 0.25% to 0.50% asphalt content. 6.4 COARSE AGGREGATE The coarse aggregate shall be the material retained on a No. 4 sieve, and shall consist of clean, Washed, tough, durable fragments of crushed stone of uniform quality. 19 Mixing or combining of crushed gravel and crushed stone will not be permitted. Coarse aggregate shall be crushed to the extent that produces a minimum of 80% crushed faces for both Type " C " HMAC, and Type " D " HMAC, when tested in accordance with Test Method Tex -460-A Part I "Determination of Crushed Face Count". Coarse aggregate shall have a maximum loss of 15% when subjected to 4 cycles of the Magnesium Sulfate Soundness Test ASTM C-88. The amount of organic matter, clays, loams, or particles coated therewith, or other undesirable materials shall not exceed 2 percent. 'When subjected to the Los Angeles Abrasion Test, the coarse aggregate shall not have a loss greater than 40 percent by weight. Coarse aggregate may be enhanced by addition of crushed concrete (Class A minimum). The crushed concrete shall be processed and blended at the contractor's batch plant. The material shall be processed to remove wood, steel, and other objectionable materials so as to produce a crushed aggregate in conformance with these specifications. 6.5 FINE AGGREGATE The fine aggregate shall be that part of the material passing the No. 4 sieve and shall consist of sand and/or screenings. The plasticity index of that part of the sand passing the 40 sieve shall not exceed 6. The plasticity index of the screenings shall not exceed 9. Sand shall be composed of durable stone particles free from injurious foreign matter. Sand content in mix design shall not be greater than 15%. Screenings shall be of the same or similar material as specified for coarse aggregate. Mineral filler shall consist of thoroughly dry stone dust, slate dust, Portland cement or other material dust approved by the Engineer. The mineral filler shall be free of foreign and other injurious matter and shall meet the following gradation: Percent by Weight Retained on No. 30 Sieve 0 Percent by Weight Retained on No. 80 Sieve 10 maximum --, Percent by Weight Retained on No. 200 Sieve 35 maximum 6.6 ASPHALT Asphalt shall be AC 10 with Latex (3% by weight of asphalt, or the performance grade asphalt currently used by the local TxDOT district. The contractor shall notify the Engineer of the source of asphaltic material for approval prior to production of the asphaltic mixture. The optimum asphalt content shall be determined by the Marshall Stability method. The percent asphalt content in produced HMAC surface shall be optimum plus 0.25% to 0.50% for Type "C" and Type "D" HMAC. C 6.7 PLACING HMAC HMAC surface shall be constructed to a minimum compacted thickness of 1-1/2 inches. The pavement shall be constructed on the previously approved base. Placing of HMAC shall not start until sunrise, and must stop one hour before sunset. HMAC surface shall not be placed until at least 48 hours after the application of the prime coat. Air temperature requirements for placing HMAC shall be as follows: November 1 to April 1 HMAC shall not be placed when the air temperature is below 55 degrees F and falling. HMAC may be placed when the air temperature is above 50 degrees F and rising. April 1 to November 1 HMAC shall not be placed when the air temperature is below 50 degrees F and falling. HMAC may be placed when the air temperature is above 45 degrees and rising. Air temperature shall be determined by the National Weather Service hourly report, 748-1071 selection 2. If the temperature of any HMAC, measured while passing through the lay down machine, is 25 degrees F more or less than the mixing temperature, the load shall be rejected. No payment will be made for rejected material. Any HMAC material that is rejected shall be disposed of at a location observed and approved by the engineer's representative. The asphaltic mixture shall be dumped and spread on the approved prepared surface using an approved spreading and finishing machine. The material shall be placed in such a manner that when properly compacted the finished course is smooth, of uniform density, and in conformance with the cross -sections and grades shown on the associated plans. Raking loose material back across the HMAC mat will not be permitted. Wings of the laydown machine may not be dumped unless they are dumped after every load. A level up course, 1/2 inch or more in thickness, shall require the use of ASB or a coarse grade of HMAC approved by the Engineer. When the asphaltic mixture is placed in a small area where use of a finishing machine is not practical, the contractor may use other methods approved by the Engineer provided a satisfactory surface can be obtained. Adjacent to curbs gutters or other flush structures, the surface shall be finished uniformly high so that when compacted it will be 1/4 inch above the curb or flush structure. W1 All joints shall present the same texture, density, and smoothness as other sections of the course. The joints between old and new pavements or between successive day's work shall be made to insure a continuous bond between the old and new sections of the course. The transverse edges of old pavement and, if required by the Engineer, the successive day's pavement shall be cut with an approved concrete saw to expose an even vertical surface for the full thickness of the course. All contact surfaces of previously constructed pavement shall be painted with a thin uniform coat of hot Bituminous - material before the fresh mixture is placed. 6.8 COMPACTION HMAC surface compaction shall be 94% to 98% of Marshall density (2% to 6% air voids) . Using appropriate rollers approved by the Engineer, the pavement shall be compacted thoroughly and uniformly to a density consistent with the density developed in the laboratory Marshall test method of molding stability specimens. At a minimum one tandem roller weighing not less than 8 tons, two pneumatic rollers with a weight capable of being uniformly varied from 275 to 550 psi per inch width of tire tread, and one three wheel roller weighing not less than 10 tons shall be provided for each job. Additional rollers shall be provided by the contractor if needed. Rolling with three wheel and tandem rollers shall start longitudinally at the sides and proceed toward the center of the pavement, overlapping on successive trips by at least half the width of the rear wheels. Alternate trips of the roller shall be slightly different in length. On super -elevated curves rolling shall begin at the low side and progress toward the high side. Rolling with pneumatic rollers shall be done as directed by the Engineer and shall be continued until required compaction is obtained and all roller marks are eliminated. - The motion of the rollers shall be slow enough to avoid displacement of the mixture. Rollers shall not be permitted to stand on pavement which has not been fully compacted. Any displacement of the mixture shall be corrected immediately by the use of rakes and fresh mixture where required. Gasoline, oil, grease, solvents, or other foreign matter shall not be permitted to fall on the pavement when rollers are in operation or standing. Places inaccessible to the rollers may be compacted using lightly oiled tamps. Trenches and other limited areas where required compaction cannot be obtained using a three wheel roller shall be compacted with a trench type roller. 22 The surface of the pavement after compaction shall be smooth and true to the established line, grade, and cross-section. When tested with a 10 foot straight edge placed parallel to the centerline of the roadway, or other means acceptable to the Engineer, the maximum deviation shall be not exceed 1/8 inch in 10 feet. An acceptable 10 foot straight edge shall be provided by the contractor. Any point in the surface not meeting this requirement shall be corrected as directed by the Engineer. When placed on existing surfaces, the 1/8 inch maximum deviation requirement may be waived by the Engineer. 6.9 PRIME AND TACK COATS Prior to placing HMAC on flexible base, the surface shall be primed using an application of 0.20 gallons of asphalt per square yard of surface: Before any asphaltic mixture is laid, the surfaces against which the pavement is to be placed shall be cleaned to the satisfaction of the Engineer. The surfaces shall be given a uniform application of tack coat using asphaltic materials of this specification. The tack coat shall be applied as directed by the Engineer with an approved sprayer. Where the pavement mixture will adhere, as determined by the Engineer, to the surfaces on which it is to be placed without the use of a tack coat, the Engineer may waive the requirement for the tack coat. All contact surfaces of curbs, structures, and joints shall be painted with a thin uniform tack coat. The prime, or tack coat, shall be asphalt materials such as AC-10, undiluted CSS-1H, or a similar product as approved by the engineer. 6.10 EMULSIFIED ASPHALT SEALER All HMAC surface courses shall be sprayed with an emulsified asphalt sealer consisting of a 15/85 mixture of CSS-1H, or 20/80 SS-1, liquid anionic asphalt and distilled water. The emulsified asphalt sealer shall be applied after the HMAC surface has cooled to - below 70 degrees F, and shall be applied at a rate of 0.10 to 0.12 gallons per square yard of surface. 7.1 FENCES Unless otherwise indicated on plans, existing fences which must be adjusted or relocated shall be reconstructed using the same or equivalent materials, height, and construction in the proper location. The contractor shall remove existing fence and either store for reuse or legally dispose of the fence materials, whichever is appropriate. New fence construction shall be in accordance with specifications and details included on plan sheets. 23 8.1 BARRICADES Prior to starting work on any project covered by these specifications, the contractor shall submit a Traffic Control Plan for approval by the Engineer. The contractor shall have the sole responsibility for providing, installing, moving, replacing, maintaining, cleaning, and removing upon completion of work, all traffic control devices. The Traffic Control Plan and devices shall be in compliance with the Texas Manual of Uniform Traffic Control Devices (MUTCD) and the 1993 National Cooperative Highway Research Program Report 350 (NCHRP 350). The Traffic Control Plan approved by the Engineer shall be considered the minimum requirement for the project. The contractor shall provide additional devices as determined to be necessary during the project. If at any time during construction the approved plan does not accomplish the intended purpose, due to weather or other conditions affecting the safe handling of traffic, the contractor shall immediately make necessary changes to correct the unsatisfactory conditions. The contractor shall maintain ingress and egress to private property at all times. All signing and barricading shall be in place before construction operations are started and during all times construction is in progress. All hazards shall be clearly marked and adequately protected. If pedestrian walkways are blocked, pedestrian control shall conform to "Typical Sidewalk and Curb -Lane Closure for Pedestrian Control" as indicated in Texas MUTCD. No separate payment will be made for traffic control. The required plan and devices shall be considered to be subsidiary to pay items. 9.1 PROSECUTION OF THE WORK AND WORKING DAYS During the period the contractor is directing traffic over the base, the surface shall be satisfactorily maintained by the use of sprinkling and blading as required, so that no hazard will result. The base course shall be maintained until the wearing surface is placed thereon. At no time during the period 4 construction shall driveways and/or alleys be left impassable between the night hours of 6:00 PM to 6:00 AM, except during the construction of curb and gutter for which the driveways and/or alley's shall remain closed not more than 4 days. No work will be performed after dark or before daylight. 24 9.2 WORKING DAYS DEFINITION City contracted paving projects will be based on working days allowed. No requests for extensions of time will be considered. A working day is defined as a calendar day, not -- including Saturdays, Sundays, or City of Lubbock designated holidays, in which weather or other conditions beyond control of the contractor will permit the performance of the principal unit of work for a continuous period of not less than 7 hours between 7:00 am __. and 6:00 pm. Work on Saturdays, Sundays, or City of Lubbock designated holidays must be authorized by the Engineer (see item 11.3). For each Saturday, Sunday, or City of Lubbock designated holiday on which the Contractor chooses to work and has authorization from the Engineer to work, 1 day will be charged against the contract working time when conditions will permit at least 7 hours of work as described above. Work on Sunday will not be authorized except in cases of extreme emergency, as determined by the Engineer. Working days will be considered to begin on the effective date stated in the Notice to Proceed, unless the contractor is unable to begin work on that date due to factors beyond his control as determined by the Engineer. In that event, time charged against the project will begin on the date the contractor could first work a minimum of 7 hours as described above. The Engineer will furnish the contractor a monthly statement showing the number of working days used and the working days remaining. The contractor shall be allowed 10 calendar days in which to protest the correctness of each statement. The protest shall be in writing, addressed to the Engineer, and shall indicate basis of the protest. The Engineer shall respond to the protest within 10 calendar days of receiving the protest. Failure to file a protest within the allotted 10 days for any statement shall indicate the contractor's approval of the time charges as shown on that period's time statement, and future consideration of that time statement will not be permitted. 25 10.1 MEASUREMENT AND PAYMENT The unit price bid on each item as stated in the bid proposal shall include furnishing all labor, superintendence, machinery, equipment, and materials, except as otherwise specified, necessary or incidental to complete the various items of work in accordance with the plans and specifications. Cost of work or materials shown on the plans or called for in the specifications and on which no separate payment is made shall be included in the bid prices on the various pay items. Payment will not be made for any item that is not complete, including all associated incidental work. All of the items covered by these standard specifications may not be included in a particular project. Only those items indicated on bid documents and plan sheets shall be included for construction and payment. 10.2 CURB AND GUTTER Measurement will be made of the linear feet of curb and gutter actually constructed. Curb and gutter will be paid for at the unit price bid per linear foot. The unit price bid shall include furnishing and installing all materials, excavation, filling, backfilling, forming, finishing, and all incidentals necessary to complete the work. 10.3 CONCRETE FLAT SLABS - SIDEWALK, DRIVEWAY, ALLEY RETURN ALLEY PAVING. AND VALLEY GUTTER Measurement will be made of the area, in square feet, of flat slab actually constructed. Flat slabs will be paid for at the unit price bid per square foot for each specific type of slab. Curb on alley returns shall be included in the area measured for the slab and will not be paid as a separate item. The unit price bid shall include furnishing and installing all materials, excavation, filling, backfilling, reinforcement, forming, finishing, joint cutting, joint sealing, and all incidentals necessary to complete the work. 10.4 CURB RAMPS (HANDICAP RAMPS rLL` Curb ramps will be paid for at the unit price bid per each. The unit price bid shall include furnishing and installing all materials, excavation and filling within two feet of the ramp, back filling, reinforcement, forming, finishing, and all incidentals necessary to complete the work. 26 10.5 ASPHALT PAVING Measurement will be made of the area, in square yards, of asphalt paving actually constructed. Payment will be made at the unit price bid per square yard. The unit price bid shall include furnishing and installing all materials, subgrade preparation, construction of caliche or asphalt stabilized base as specified, excavation, filling, tack and prime coats, HMAC surface, emulsion seal, and all incidentals necessary to complete the work. 10.6 ASPHALT PAVING REPAIR Measurement will be made of the area, in square yards, of in place asphalt paving repair. Payment will be made at the unit price bid per square yard of paving repair. The unit price bid shall include furnishing and placing all asphaltic materials, sawing of existing paving edges, smoothing and preparation of the existing base, flowable fill if required, tack and prime coats, compaction, and all incidentals necessary to complete the work. 10.7 BRICK PLANTER BOXES Brick planters will be paid for at the unit price bid per each. The unit price shall include furnishing and installing all materials, excavation and filling, footings, and all incidentals necessary to complete the work. 10.8 CHAIN LINK FENCE ADJUSTMENT Chain link fence adjustment will be paid for at the unit price bid per lump sum. The unit price bid shall include removal and disposal of existing fence materials, installation of new terminal posts and braces, and all incidentals necessary to complete the work. 10.9 CURB AND GUTTER REMOVAL Measurement will be made of the linear feet of curb and gutter actually removed. Payment will be made at the unit price bid per linear foot of curb and gutter removed. The unit price bid shall include removal, legal disposal, and all incidentals necessary to complete the work. 10.10 TREE REMOVAL Tree removal will be paid for at the unit price bid per each tree actually removed. The unit price bid shall include removal of each tree, legal disposal, backfilling and r _x smoothing the ground surface, and all incidentals necessary to complete the work. 27 10.11 STORM WATER POLLUTION PREVENTION PLAN Payment will be made at the unit price bid per lump sum. The unit price bid shall include furnishing and placing eight sand bags, maintenance, and removal of the sandbags at completion of the project. 28