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Resolution - 2008-R0323 - Construction Contract For Street Paving - West Texas Paving, Inc. - 08/28/2008
Resolution No. 2008-RO323 August 28, 2008 Item No. 5.23 RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock is hereby authorized and directed to execute a unit price construction Contract and any associated documents with West Texas Paving, Inc., of Lubbock, Texas, for East 26t" Street Paving and Drainage Improvements per RFP 08-727-BM, which unit price Contract and any associated documents are attached hereto as Exhibit A and made a part hereof for all intents and purposes. Passed by the City Council this 28th day of August , 2008. e, 1144' - TOM MARTIN, MAYOR ATTEST: Rebe ca Garza, City Secretary APPKOVED AS To CONTE''41— City Manager/Transportation & Public Works APPROVED AS TO FORM: Don Vandiver, Attorney of D Dres/WestTex PavingU Pcon08 Res August 12, 2008 No Text No Text CITY OF LUBBOCK SPECIFICATIONS FOR EAST 26T" STREET PAVING AND DRAINAGE IMPROVEMENTS RFP # 08-727-BM Contract # 8583 Plans & Specifications may be obtained from THE REPRODUCTION COMPANY hup://pr.theret)roductioncompany.com/ "A City of Planned Progress " CITY OF LUBBOCK Lubbock, Texas Pa2e Intentionally Left Blank r I I CITY OF LUBBOCK REQUEST FOR PROPOSALS •R TITLE: EAST 26" STREET PAVING AND DRAINAGE IMPROVEMENTS ADDRESS: LUBBOCK, TEXAS RFP NUMBER: 08-727-BM CONTRACT NUMBER: 8583 PROJECT NUMBER: 91189.8304.30000 CONTRACT PREPARED BY: PUBLIC WORKS CONTRACTING OFFICE Pate Intentionally Left Blank r I E_� City of Lubbock, TX Public Works Contracting Office Contractor Checklist for RFP # 08-727-BM Before submitting your proposal, please ensure you have completed and included the following: 1. Carefully read and understand the plans and specifications and properly complete the PROPOSAL SUBMITTAL form. Proposal Submittal form MUST be completed in blue or black ink or by typewriter. Signatures must be original, in blue or black ink, and by hand. Amounts shall be written in both words and numerals and in the event of a discrepancy the amounts written in words shall govern. Include corporate seal and Secretary's signature. Identify addenda received (if any). Include firm's FEDERAL TAX ID number or Owner's SOCIAL } SECURITY number. Carefully read the BASIS OF PROPOSALS and SELECTION CRITERIA in paragraph 32 of the General Instructions to Offeror's. Ensure ALL criteria are addressed in your submittal. 2. Include PROPOSAL BOND or CASHIER'S OR CERTIFIED CHECK as your proposal surety. ' Failure to provide a proposal surety WILL result in automatic rejection of your proposal. 3. Clearly mark the proposal number, title, due date and time and your company name and address on the outside of the envelope or container. 4. Ensure your proposal is RECEIVED by the City of Lubbock Public Works Contracting Office prior to the deadline. Late proposals will not be accepted. 5. Complete and submit the "CONTRACTOR'S STATEMENT OF QUALIFICATIONS". 6. Complete and sign the CITY OF LUBBOCK INSURANCE REQUIREMENT AFFIDAVIT. This must include the signature of the agent or broker. Contractor's signature must be original. 7. Complete and sign the SAFETY RECORD QUESTIONNAIRE. All "YES" responses must be explained in detail and submitted with the questionnaire. 8. Complete and sign the SUSPENSION AND DEBARMENT CERTIFICATION. Include firm's FEDERAL TAX ID number or Owner's SOCIAL SECURITY number. 9. Complete and submit the PROPOSED LIST OF SUB -CONTRACTORS. DOCUMENTS REQUIRED WITHIN TWO BUSINESS DAYS AFTER CLOSING: 5. Complete and submit the FINAL LIST OF SUB -CONTRACTORS. FAILURE TO PROVIDE ANY OF THE ABOVE MAY RESULT IN YOUR PROPOSAL BEING DEEMED NON -RESPONSIVE AND, THEREFORE, NOT FURTHER EVALUATED. PLEASE INCLUDE THIS COMPLETED PAGE AS THE FIRST PAGE OF YOUR PROPOSAL SUBMITTAL. (Type or Print Company Name) Page Intentionally Left Blank I 1. 2. 3. 4. 5. 6. 7. 8. t_ F 9. 10. 11. 12. 13 NOTICE TO OFFERORS GENERAL INSTRUCTIONS TO OFFERORS TEXAS LOCAL GOVERNMENT CODE § 271.116 PROPOSAL SUBMITTAL — (must be submitted by published due date & time) 4-1. UNIT PRICE PROPOSAL SUBMITTAL FORM 4-2. CONTRACTOR'S STATEMENT OF QUALIFICATIONS 4-3. CITY OF LUBBOCK INSURANCE REQUIREMENT AFFIDAVIT 4-4. SAFETY RECORD QUESTIONNAIRE 4-5. SUSPENSION AND DEBARMENT CERTIFICATION 4-6. PROPOSED LIST OF SUB -CONTRACTORS POST -CLOSING DOCUMENT REQUIREMENTS — (to be submitted no later than two business days after the close date when proposals are due) 5-1. FINAL LIST OF SUB -CONTRACTORS PAYMENT BOND PERFORMANCE BOND CERTIFICATE OF INSURANCE CONTRACT GENERAL CONDITIONS OF THE AGREEMENT DAVIS-BACON WAGE DETERMINATIONS SPECIAL CONDITIONS (IF APPLICABLE) SPECIFICATIONS Page Intentionally Left Blank NOTICE TO OFFERORS Paae Intentionally Left Blank I NOTICE TO OFFERORS RFP # 08-727-BM 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 204, Lubbock, Texas, 79401, until 2:00 PM on July 31, 2008, or as changed by the issuance of formal addenda to all planholders, to furnish all labor and materials and perform all work for the construction of the following described project: "EAST 26T" STREET PAVING AND DRAINAGE IMPROVEMENTS" 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 PM on July 31, 2008, and the City of Lubbock City Council will consider the proposals on August 14, 2008, at the Municipal Building, 1625 13th Street, Lubbock, Texas, or as soon thereafter as may be reasonably convenient, subject to the right to reject any or all proposals and waive any formalities. The successful proposer will be required to furnish a performance bond in accordance with Chapter 2253, Government Code, in the amount of 100% of the total contract price in the event that said contract price exceeds $100,000 and the successful proposer will be required to furnish a payment bond in accordance with Chapter 2253, Government Code, in the amount of 100% of the total contract price in the event that said contract price exceeds $25,000. Said statutory bonds should be issued by a company carrying a current Best Rating of "A" or better. Offerors are required, whether or not a payment or performance bond is required, to submit a cashier's or certified check issued by a bank satisfactory to the City of Lubbock, or a proposal bond from a reliable surety company, payable without recourse to the order of the City of Lubbock in an amount not less than 5% of the total amount of the proposal submitted as a guarantee that proposer will enter into a contract and execute all necessary bonds (if required) within ten (10) business days after notice of award of the contract to him. FAILURE OF THE PROPOSER TO INCLUDE PROPOSAL SECURITY WITH THE PROPOSAL SUBMITTAL SHALL CONSTITUTE A NON -RESPONSIVE PROPOSAL AND RESULT IN DISQUALIFICATION OF THE PROPOSAL SUBMITTAL. It shall be each proposer's sole responsibility to inspect the site of the work and to inform himself regarding all local conditions under which the work is to be done. It shall be understood and agreed that all such factors have been thoroughly investigated and considered in the preparation of the proposal submitted. There will be a non -mandatory pre -proposal conference on July 21, 2008 at 9:00 A.M., in the Training Conference Center, TCL01.1625 131h Street, Lubbock, Texas. Offerors may view the plans and specifications without charge at The Reproduction Company, 2102 Avenue Q, Lubbock, Texas 79405 or at http:Hpr.thereproductioncompany.com/. ONE SET OF PLANS AND SPECIFICATIONS MAY BE OBTAINED, AT THE CITY'S EXPENSE, FROM THE REPRODUCTION COMPANY WITH A $100 REFUNDABLE DEPOSIT, Phone: (806) 763-7770. Deposit Checks shall be made PAYABLE TO THE CITY OF LUBBOCK, and will be refunded if documents are returned in good condition within Sixty (60) days of the opening of Proposals. Additional sets of plans and specifications may be obtained at the proposer's expense. r, 1 I Attention of each proposer is particularly called to the schedule of general prevailing rate of per diem wages included in the contract documents on file in the office of the Public Works Contracting Officer of the City of Lubbock, which document is specifically referred to in this notice to offerors. Each offerors attention is further directed to Texas Government Code, Chapter 2258, Prevailing Wage Rates, and the requirements contained therein concerning the above wage scale and payment by the contractor of the prevailing rates of wages as heretofore established by owner in said wage scale. The City of Lubbock hereby notifies all offerors that in regard to any contract entered into pursuant to this advertisement, minority and women business enterprises will be afforded equal opportunities to submit proposals in response to this invitation and will not be discriminated against on the grounds of race, color, sex, disability, or national origin in consideration for an award. The City of Lubbock does not discriminate against persons with disabilities. City of Lubbock pre - proposal meetings and proposal openings are available to all persons regardless of disability. If you require FJI 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 sauce Xac7lavi BRUCE MACNAIR, PUBLIC WORKS CONTRACTING OFFICER 9 GENERAL INSTRUCTIONS TO OFFERORS Page Intentionally Left Blank F, 9 j GENERAL INSTRUCTIONS TO OFFERORS 1 PROPOSAL DELIVERY TIME & DATE The City of Lubbock is seeking written and sealed competitive proposals to furnish EAST 26TH STREET PAVING AND DRAINAGE IMPROVEMENTS per the attached specifications and contract documents. Sealed proposals will be received no later than 2:00 P.M., July 31, 2008 at the office listed below. Any proposal received after the date and hour specified will be rejected and returned unopened to the proposer. Each proposal and supporting documentation must be in a sealed envelope or container plainly labeled in the lower left-hand corner: "RFP # 08-727-BM, EAST 26TH STREET PAVING AND DRAINAGE IMPROVEMENTS" and the proposal opening date and time. Offerors must also include their company name and address on the outside of the envelope or container. Proposals must be addressed to: Bruce MacNair, Public Works Contracting Officer City of Lubbock 1625 13th Street, Room 204 Lubbock, Texas 79401 1.1 Offerors are responsible for making certain proposals are delivered to the Public Works 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. 1.2 Proposals will be accepted in person, by United States Mail, by United Parcel Service, or by private courier service. No proposals will be accepted by oral communication, telephone, electronic mail, telegraphic transmission, or telefacsimile transmission. THE CITY WILL NOT ACCEPT FAX PROPOSALS. 1.3 The City of Lubbock reserves the right to postpone the date and time for opening proposals _ through an addendum. 2 PRE -PROPOSAL MEETING 2.1 For the purpose of familiarizing offerors with the requirements, answering questions, and issuing addenda as needed for the clarification of the Request for Proposals (RFP) documents, a non - mandatory pre -proposal meeting will be held at 9:00 A.M., July 21, 2008 in the Municipal Buildins Training Conference Center, TCLOl, 1625 131h Street, Lubbock, Texas. All persons attending the meeting will be asked to identify themselves and the prospective proposer they l ' 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.RFPdepot.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 pjLblic 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 I, L 4 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.RFPdel2ot.com and will become part of the proposal package having the same binding effect as provisions of the original RFP. NO VERBAL EXPLANATIONS OR INTERPRETATIONS WILL BE BINDING. In order to have a request for interpretation considered, the request must be submitted in writing and must be received by the City of Lubbock Public Works Contracting Office no later than five (5) calendar days before the proposal closing date. 3.3 All addenda, amendments, and interpretations of this solicitation shall be in writing. The City of Lubbock shall not be legally bound by any amendment or interpretation that is not in writing. 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. 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 i 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 3 prior to the opening of proposals. PROPOSAL, PREPARATION COSTS i 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. ; I 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. E 2 r 10 TRADE SECRETS CONFIDENTIAL INFORMATION AND THE TEXAS PUBLIC INFORMATION ACT 6.1 If you consider any portion of your proposal to be privileged or confidential by statute or judicial decision, including trade secrets and commercial or financial information, clearly identify those portions. 6.2 The City of Lubbock will honor your notations of trade secrets and confidential information and decline to release such information initially, but please note that the final determination of whether a particular portion of your proposal is in fact a trade secret or commercial or financial information that may be withheld from public inspection will be made by the Texas Attorney General or a court of competent jurisdiction. In the event a public information request is received for a portion of your proposal that you have marked as being confidential information, you will be notified of such request and you will be required to justify your legal position in writing to the Texas Attorney General pursuant to Section 552.305 of the Government Code. In the event that it is determined by opinion or order of the Texas Attorney General or a court of competent jurisdiction that such information is in fact not privileged and confidential under Section 552.110 of the Government Code and Section 252.049 of the Local Government Code, then such information will be made available to the requester. 6.3 Marking your entire proposal CONFIDENTIAL/PROPRIETARY is not in conformance with the Texas Open Records Act. LICENSES PERMITS TAXES The price or prices for the work shall include full compensation for all taxes, permits, etc. that the proposer is or may be required to pay. UTILIZATION OF LOCAL BUSINESS RESOURCES Prospective offerors are strongly encouraged to explore and implement methods for the utilization of local resources, and to outline in their proposal submittal how they would utilize local resources. CONFLICT OF INTEREST 9.1 The proposer shall not offer or accept gifts or anything of value nor enter into any business arrangement with any employee, official or agent of the City of Lubbock. 9.2 By signing and executing this proposal, the proposer certifies and represents to the City the offeror has not offered, conferred or agreed to confer any pecuniary benefit or other thing of value for the receipt of special treatment, advantage, information, recipient's decision, opinion, recommendation, vote or any other exercise of discretion concerning this proposal. CONTRACT DOCUMENTS 10.1 All work covered by the contract shall be done in accordance with contract documents described in the General Conditions. 10.2 All offerors shall be thoroughly familiar with all of the requirements set 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 12 13 14 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. 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 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 City of Public Works Contracting Office no later than five (5) calendar days before the proposal closing date. A review of such notifications will be made. 12.2 NO PROPOSER SHALL REQUEST ANY INFORMATION VERBALLY. ALL REQUESTS FOR ADDITIONAL INFORMATION OR CLARIFICATION CONCERNING THIS REQUEST FOR PROPOSALS (RFP) MUST BE SUBMITTED IN WRITING NO LATER THAN FIVE (5) CALENDAR DAYS PRIOR TO THE PROPOSAL CLOSING DATE AND ADDRESSED TO: BRUCE MACNAIR, PUBLIC WORKS CONTRACTING OFFICER City of Lubbock Public Works Contracting Office 1625 13`h Street, Room 204 Lubbock, Texas 79401 Fax: 806-775-2164 Email: bmacnairAmylubbock.us RFPDepot: http://www.RFPdeyot.com TIME AND ORDER FOR COMPLETION 13.1 The construction covered by the contract documents shall be substantially completed within FORTY-FIVE (45) 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. PAYMENT All payments due to Contractor shall be made in accordance with the provisions of the General Conditions of the contract documents. 4 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. ,j 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 i 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 1 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 F11 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 r-JI 20.1 This contract is issued by an organization which qualifies for exemption provisions pursuant to provisions of Article 20.04 of the Texas Limited Sales, Excise and Use Tax Act. 20.2 The Contractor must obtain a limited sales, excise and use tax permit which shall enable him to buy the materials to be incorporated into the work without paying the tax at the time of purchase. 21 PROTECTION OF SUBSURFACE LINES AND STRUCTURES It shall be the Contractor's responsibility to prosecute the work contemplated by the contract documents in such a way as to exercise due care to locate and prevent damage to all underground pipelines, utility lines, conduits or other underground structures which might or could be damaged by Contractor during the construction of the project contemplated by these contract documents. The City of Lubbock agrees that it will furnish Contractor the location of all such underground lines and utilities of which it has knowledge. However, such fact shall not relieve the Contractor of his responsibilities aforementioned. All such underground lines or structures cut or damaged by Contractor during the prosecution of the work contemplated by this contract shall be repaired immediately by Contractor to the satisfaction of the City of Lubbock, Texas, at Contractor's expense. 22 BARRICADES AND SAFETY MEASURES The contractor shall, at his own expense, furnish and erect such barricades, fences, lights and danger signals, and shall take such other precautionary measures for the protection of persons, property and the work as may be necessary. The Contractor will be held responsible for all damage to the work due to failure of barricades, signs, and lights to protect it, and when damage is incurred, the damaged portion shall be immediately remove 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. 7 26 27 LABOR AND WORKING HOURS 26.1 Attention of each proposer is particularly called to the schedule of general prevailing rate of per diem wages included in these contract documents. The wage rate that must be paid on this project shall not be less than specified in the schedule of general prevailing rates 'of per diem wages as above mentioned. The proposer' attention is further directed to the requirements of Texas Government Code, Chapter 2258, Prevailing Wage Rates, providing for the payment of the wage schedules above mentioned and the proposer's obligations thereunder. "The inclusion of . the schedule of general prevailing rate of per diem wages in the contract documents does not release the Contractor from compliance with any wage law that may be applicable. Construction work under this contract requiring an inspector will not be performed on weekends or holidays unless the following conditions exist: 26.1.1 The project being constructed is essential to the City of Lubbock's ability to provide the necessary service to its citizens. 26.1.2 Delays in construction are due to factors outside the control of the Contractor. The 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. PAYMENT OF EMPLOYEES AND FILING OF PAYROLLS The contractor and each of his subcontractors shall pay each of his employees engaged in work on the project under this contract in full (less mandatory legal deductions) in cash, or by check readily cashable without discount, not less often than once each week. The Contractor and each of his subcontractors engaged at the site of the work shall not later than the seventh day following the payment of wages, file with the Owner's Representative, or Engineer, a certified, sworn, legible copy of such payroll. This shall contain the name of each employee, his classification, the number of hours worked on each day, rate of pay, and net pay. The affidavit shall state that the copy is a true and correct copy of such payroll, that no rebates or deductions (except as shown) have been made, or will in the future be made from the wages paid as shown thereon. The Contractor must classify employees according to one of the classifications set forth in the schedule of general prevailing rate of per diem wages, which schedule is included in the contract documents. The Contractor shall forfeit as a penalty to the City of Lubbock on whose behalf this contract is made, sixty dollars for each laborer, workman, or mechanic employed for each calendar day, or portion thereof, such laborer, workman or mechanic is paid less than the wages assigned to his particular classification as set forth in the schedule of general prevailing rate of per diem wages included in these contract documents. j 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 [proposal number and title)). 29.4 Proposal submittals may be withdrawn and resubmitted at any time before the time set for opening of the proposals, but no proposal may be withdrawn or altered thereafter. 29.5 Pursuant to Texas Local Government Code 252.043(g), a competitive sealed proposal that has been opened may not be changed for the purpose of correcting an error in the proposal price. THEREFORE, ANY CORRECTIONS TO THE PROPOSAL PRICE MUST BE MADE ON THE PROPOSAL SUBMITTAL FORM PRIOR TO PROPOSAL OPENING. 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 Bonds (if required). e Contract Agreement. (f) General Conditions. (g) Special Conditions (if any). ' (h) Specifications. (i) Insurance Certificates for Contractor and all Sub -Contractors. 9 31 32 (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. I QUALIFICATIONS OF OFFERORS The proposer may be required before the award of any contract to show to the complete satisfaction of the City of Lubbock that it has the necessary facilities, ability, and financial resources to provide the service specified therein in a satisfactory manner. The proposer may also be required to give a past history and references in order to satisfy the City of Lubbock about the proposer's qualifications. The j 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. q Y p (e) The safety record of the Contractor and proposed Sub -Contractors Before contract award, the recommended contractor for this project may be required to show that he has experience with similar projects that require the Contractor to plan his work efforts and equipment needs with City of Lubbock specifications in mind. Demonstration of experience shall include a complete list of ALL similar municipal and similar non -municipal current and completed projects for the past three (3) years for review. This list shall include the names of supervisors and type of equipment used to perform work on these projects. In addition, the Contractor may be required to provide the name(s) of supervisor(s) that will be used to perform work on this project in compliance with City of Lubbock specifications herein. , BASIS OF PROPOSALS AND SELECTION CRITERIA The City of Lubbock will use the Competitive Sealed Proposals procurement method as authorized by the Texas Legislature and further defined by Texas Local Government Code Section 271.116. The selection criteria used to evaluate each proposal will include the following: 32.1 60% Price. f s 1 32.2 20% Contractor qualifications. Complete and submit the "Contractor's Statement of Qualifications". City shall have an opportunity to interview the job superintendent at a time to be named after receipt of proposals. 32.3 10% Safety Record Questionnaire. i 32.4 10% Construction time. I 10 i The estimated budget for the construction phase of this project is $ 130,000. 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. 33.5 A proposal will be subject to being considered irregular and may be rejected if it shows omissions, alterations of form, conditional alternate proposals, additions or alternates in lieu of the items specified, if the unit prices are obviously unbalanced (either in excess of or below reasonably expected values), or irregularities of any kind " 34. ANTI -LOBBYING PROVISION 34.1 DURING THE PERIOD BETWEEN THE BID CLOSE DATE AND THE CONTRACT AWARD, BIDDERS, INCLUDING THEIR AGENTS AND REPRESENTATIVES, SHALL ` NOT DIRECTLY DISCUSS OR PROMOTE THEIR BID WITH ANY MEMBER OF THE LUBBOCK CITY COUNCIL OR CITY STAFF EXCEPT IN THE COURSE OF CITY - SPONSORED INQUIRIES, BRIEFINGS, INTERVIEWS, OR PRESENTATIONS, UNLESS REQUESTED BY THE CITY. 34.2 This provision is not meant to preclude bidders from discussing other matters with City Council members or City staff. This policy is intended to create a level playing field for all potential bidders, assure that contract decisions are made in public, and to protect the integrity of the bid process. Violation of this provision may result in rejection of the bidder's bid. 35 PREVAILING WAGE RATES 35.1 Offerors are required to comply with Texas Government Code, Chapter 2258, Prevailing Wage Rates, with respect to the payment of prevailing wage rates for the construction of a public work, including a building, highway, road, excavation, and repair work or other project development or improvement, paid for in whole or in part from public funds, without regard to whether the work is done under public supervision or direction. A worker is employed on a public work if the it worker is employed by the contractor or any subcontractor in the execution of the contract for the _1 project. 35.2 A worker employed on a public work by or on behalf of the City of Lubbock shall be paid not less than the general prevailing rate of per diem wages for the work of a similar character in the locality in which the work is performed, and not less than the general prevailing rate of per diem wages for legal holiday and overtime work. kl' 35.3 The State of Texas has adopted the Federal Davis -Bacon wage rates for use in Texas pursuant to and in accordance with the Texas Government Code, Section 2258.022. Bidders may access the U. S. Department of Labor web site at the following web address to obtain the rates to be used in Lubbock County: l ham://www. gpo.gov/davisbacon/allstates.html 35.4 It shall be the responsibility of the successful bidder to obtain the proper wage rates from the web site for the type of work defined in the bid specifications. _A 35.5 A contractor or subcontractor who violates Texas Government Code Section 2258.023 shall pay to the City of Lubbock $60 for each worker employed for each calendar day or part of the day that the worker is paid less than the wage rates stipulated in the contract. I 12 TEXAS LOCAL GOVERNMENT CODE & 271.116 SELECTING CONTRACTOR FOR CONSTRUCTION SERVICES THROUGH COMPETITIVE SEALED PROPOSALS Paue Intentionallv Left Blank J 9 [[4f @, s § 271.116 SELECTING CONTRACTOR FOR CONSTRUCTION r. SERVICES THROUGH COMPETITIVE SEALED PROPOSALS (a) In selecting a contractor through competitive sealed proposals for construction, rehabilitation, alteration, or repair services for a facility or for construction of a project to which Section 252.043(d-1) applies, a governmental entity shall follow the procedures prescribed by this section. (a-1) In this section "facility" means an improvement to real property. (b) The governmental entity shall select or designate an engineer or architect to prepare construction documents for the project. The selected or designated engineer or architect has full responsibility for complying with Chapter 1001 or 1051, Occupations Code, as applicable. If the engineer or architect is not a full-time employee of the governmental entity, the governmental entity shall select the engineer or architect on the basis of demonstrated competence and qualifications as provided by Section 2254.004, Government Code. (c) The governmental entity shall provide or contract for, independently of the contractor, the inspection services, the testing of construction materials engineering, and the verification testing services necessary for acceptance of the facility or project by the governmental entity. The governmental entity shall select those services for which it contracts in accordance with Section 2254.004, Government Code, and shall identify them in the request for proposals. (d) The governmental entity shall prepare a request for competitive sealed proposals that includes construction documents, selection criteria, estimated budget, project scope, schedule, and other information that contractors may require to respond to the request. The governmental entity shall state in the request for proposals the selection criteria that will be used in selecting the successful offeror. { (e) The governmental entity shall receive, publicly open, and read aloud the names of the offerors and, if any are required to be stated, all prices stated in each proposal. Not later than the 45th day after the date of opening the proposals, the governmental entity shall evaluate and rank each proposal submitted in relation to the published selection criteria. (f) The governmental entity shall select the offeror that offers the best value for the governmental entity based on the published selection criteria and on its ranking evaluation. The governmental entity shall first attempt to negotiate a contract with the selected offeror. The governmental entity and its engineer or architect may discuss with the selected offeror options for a scope or time modification and any price change associated with the modification. If the governmental entity is unable to negotiate a contract with the selected offeror, the governmental entity shall, formally and in writing, end negotiations with that offeror and proceed to the next offeror in the order of the selection ranking until a contract is reached or all proposals are rejected. (g) In determining best value for the governmental entity, the governmental entity is not restricted to considering price alone, but may consider any other factor stated in the selection criteria. Page Intentionally Left Blank PROPOSAL SUBMITTAL Pau Intentionally Left Blank ram, t.: PROPOSAL SUBMITTAL UNIT PRICE PROPOSAL CONTRACT i_ DATE: 3/—_D D -- 'v PROJECT NUNIBER: # 08-727-BM- EAST 26" STREET PAVING AND DRAINAGE INiMPROVENIENTS I_ -- r i Proposal of D k r, (hercinafter called Offeror) To the Honorable Mayor and City Council City of Lubbock, Texas (hereinafter called Owner) Ladies and Gentlemen: The Offeror, incompliance with your Request for Proposals for the construction of a EAST 26rH STREET PAVING AND DRAINAGE IMPROVEMENTS 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 ontract documents. Estimated Item Quantity No. & Unit Description of Item Total Amount 1. 265 LF Concrete curb and gutter removal and disposal, complete. TOTAIITEM # I:T''� � U. I- I I Unit Price Amounts be shown in both words and munamis. In case of discrepancy, the shown in words If t9 art govern.) 2. 320 SF Concrete slab removal and disposal, including saw cutting, to include walks, fillets, pedestrian ramps, valley gutters, etc., complete. TOTAL ITEM # 2: ! g N +Q D !.-c.�4-.S 0— ' -L (Unit Price Amounts shin be shown in both words and numerals. in case of discrepancy, the amount shown in words sh govern.) - 3. 60 LF Concrete traffic median removal and disposal, including asphalt paving saw cutting, to include replacement with City of Lubbock standard one and one-half inch (I'i2") Type "C" hot mix asphalt paving tie, complete. TOTAL ITEM # 3: Tn�'�S d ��'° _,$� i tinit Pner Ameum ;haH be shvAn in both words and numerals. In case (sf discrepancy, the amount Aown in miFreis :hall =«cm. i i Offeror's Initials V r; 1 1r Estimated { 1 Item Quantity No. & Unit Description of Item Total Amount 4. 1,100 L.F Standard City of Lubbock twenty-four inch (24) curb and gutter, including all necessary } . earthwork preparation and jointing, complete. TOTAL ITEM # 4: �• —� t�� q (I g N Do,,Aft, r Pflaa $ ) q LR 15 Y oo ) ` (Unit Price Amounts shall be shown in hoth wordsand numerals. In case (if discrepancy. the, amount shown in words shall ovens.) }" _ 5. 120 SF Four inch (4") non -reinforced concrete flatwork, including sawing of contraction and z. - longitudinal joints, sealing joints, all necessary earthwork preparation and removal of all obstacles as needed, installed complete. 1 AJ a �' ;- TOTAL ITEM # 5: (unit Price Amounts ( -.</X D a L-G1gR-S d /o0 $ 'SF( ��D ) shall be shown in both work and numerals. in case of diserLvancy, the amount shown in words shall govem.) 6. 1,354 SF Six-inch (6") concrete tlatwork reinforced with 6"x 6" W2.9 x W2.9 (6-gauge) welded i wire mesh, including sawing of contraction and longitudinal joints, sealing joints, allIJ necessary earthwork preparation and removal of all obstacles as needed, installed comple#e. TOTAL. ITEM # 6: b 0 LL 04 A)i o �+ � ! pZ� t��j •~ 1 �. < �� (Unit Price Amounts words shall be shown in both wos and numerals. In case of disertpancy, the amount shown in words shall govern.) j 7. 2,350 SY Standard City of Lubbock asphalt paving, to include one and one-half (I Y") hot mix asphaltic concrete Type "C", six-inch (6") caliche base, tack coat, prime coat, emulsion and all necessary earthwork and subgrade preparation, including existing paving removal and disposal, complete. �� ns TOTAL ITEM# 7: ��%` � i�E _ �5 �_- 1 I $ pC� ,'SY( �l � t .� ? (Unit Price Amounts shall he shriven it oth vrords and nwncruis. in case ot•disempancy."the amount shown in words shull govwt.) S. 150 SF Concrete and truncated dome brick handicapped ramp, as detailed, reinforced with three - eighths -inch diameter reinforcing steel, including truncated dome bricks, all necessary earthwork preparation and removal of all obstacles as needed complete. ? M TOTAL. ITEM # 8:%G'G't��Gd✓I N' /aa $_1 _SF( tSyL� ) (Unit Price Amounts hall be shown in both words and numerals. In case ofdiscrepanc}, the amount shown in words shalt govern.) 1 LS Storm Water Prevention Pollution Plan, including inspections, recordkeeping, maintenance, silt fences, hay bales, sand bags diversion swtales and any other measures and/or incidentals required for compliance with the TPDES permit, complete and in - place. TOTAL ITEM 4 t)_ ine ;:hor•:. in ^ :$t worS:..^3 .num •a!::. !:: case-.! tio.:panc, [he-a:noun:: du.e:n :r. word-1 ".ai! I 1 r Ofli=r's Initials fl a TOTAL PROPOSAL, ITEM#S # 1 - # 9: s MATERIALS: "' 0+isr rMous000 f/6 'T H to Fbr�+ 7 (IA �-► , . 1 f.1 LABOR: Ff� 104cWMW& cttrtr "Fat— :, TOTAL PROPOSAL ONO W otNOs,r"o rr-r*y'rge 'y'f''o"AO4A0 ITEMS # 1 - # 9: rr r r rW� V1. flan S- b �ts fX �,rrnlJs � EfbN � �'rx � (Unit Price AVnmun6 shell be shown in both uueds.artd nujnera '. In case of discrepancy, the amount shown in otdc shall g vem.l Offeror hereby.agrees to commence the work on the above project on a date to be specified in a written "Notice to Proceed" of the Owner and to substantially complete the project within ( `7�5� 1 # Days Completed by Contractor Written Days Com leted b Contractor WORKING DAYS thereafter as stipslated in the specifications and other contract documents. Offeror hereby . 4 further agrees to pay, to Owner as liquidated damages the sum of S25 (TWENTY-FIVE AND NO /100 DOLLAR) for'ekh day in excess of the time set forth herein above for completion of this project, all as more fully set forth in the general conditions of the contract documents. Offeror understands ' and. agrees' that this proposal submittal shall be completed and submitted in accordance with instruction number 29 of the General Instructions to Offerors. . Offeror understands that the Owner reserves the right to reject any or all proposals and to waive any formality in the proposing. The Offeror agrees that this proposal shall be good for a period of sixty (60) calendar days after the scheduled closing time for receiving proposals. The undersigned Offeror hereby declares that he has visited the site of the work and has carefully examined the plans, specifications and contract documents pertaining to the work covered by this proposal, and ' he further agrees to commence work on the date specified in the written notice to proceed, and to substantially . complete the work on which he has proposed; as provided in the contract documents. Offerors are required, whether or not a payment or performance bond is required, to submit a cashier's > check or certified check issued by a bank satisfactory to the City of Lubbock, or a proposal bond from a reliable surety company, payable without recourse to the order of the City of Lubbock in an amount not less than five percent (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 ed Check for Dollars (S } or a oposa Bo in the sum of Dollars {S ), which it is agreed s all 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 StBYfITTAL FORM PRIOR To PROPOSAL OPEv6G. (Seal if Offeror is a Corporation) ATTE T- Sec e , Offeror acknowledges receipt of the following addenda: Addenda No. Date Addenda No. Date Addenda No. _ Date Addenda No. Date M/WBE Firm: W41V1 lL\iLL 0 aAr22� c. �`AR �%tF G' i (Printed or Typed Dame) Co any A4dress. Ci c7f� y State Zip Code Telephone: br - $1.3-350 Fax: $ 61 - 0,10 -3—ffo--- FEDERAL. TAX ID or SOCIAL SECURITY No. 7Sa02 gG S1- Oman ae American Native Ameiican Hispanic American scan Pacific American Other peci ) 4 CITY OF LUBBOCK CONTRACTOR'S STATEMENT OF QUALIFICATIONS RFP # 08-727-BM EAST 26TH STREET PAVING AND DRAINAGE IMPROVEMENTS Candidates must complete each of the following items in order to be considered. I . FIRM NAME: 'T /67kl3.S Pik Y - T, 2. BUSINESS ADDRESS: � � 13 b),C to 41 c._._(—. 3. TELEPHONE, WITH AREA CODE: �'" D 43 - 3 xS-0 FAX, WITH AREA CODE: CMG- K4 3 -35"5Q _ EMAIL ADDRESS: A)IA _ INTERNET URL ADDRESS: 4. TYPE OF ORGANIZATION: (CHECK ONE) a. SOLE PROPRIETORSHIP ( ) b. PARTNERSHIP ( ) c. CORPORATIOIN (vim d. JOINT VENTURE ( ) 5. PRINCIPALS (P) AND ASSOCIATES (A): (WRITE "P" OR "A" FOR EACH) DEGREE OR NAME %A CERTIFICATE INSTITUTION a. b. C. d. f i F CITY OF LUBBOCK CONTRACTOR'S STATEMENT OF QUALIFICATIONS CONTINUED 6. LIST S MAJOR PROJECTS WITHIN THE PAST THREE YEAS THAT ILLUSTRiVTE YOUR EXPERIENCF, WITH PROJECTS SIMILAR TO THE CITY'S. PROJECT OWNER YEAR COST a, o L! 1 C o t� EYEr. �.�o Z A3' ;2,1d© d b, p� _�{+ T f _ D Go ' C. V* a.Tw4 4W & ck e0 l.�cgQ+�- 2vo % L 6� 0 o 0d. �rtc.t e.vFKr f A' L!: (GUJH-A�crrn� D� ,l[Do� o 4 1 7S L) C 7. REFERENCES: (INCLUDE AT LEAST THREE REFERENCES FROM THREE PROJECTS SIMILAR TO THE ONE FOR 1 ' WHICH YOU ARE COMPETING) NAME. RELATIONSHIP PHONE NUMBER a. L? sb'%l �S+t i��, ,mil fr1�-re�oac. Y13-2Ztici _ oN e. iluvaw r6o- b. u4At 92. �►rK •C' �� 4CIv is'iIV4'dK- r c> rt. & c. �� d+ue�? 1!G�3tD �t /Q�Sa_e�Mrr 6 aox ids _ ' All SUBMITTED BY: Signature: Date: 7' 31 b Printed Name:—L3I E G L et4Zj I r Title: fZ >~S t D cMT J Firth Name:T6,kAs F,)A V N Ct F } i Tel 4 at t . Ky- Address: 1 City: State--7k 7_.it f� { CITY OF LUBBOCK INSURANCE REQUIREMENT AFFIDAVIT To Be Completed by Offeror and Agent :Must be submitted with Proposal I, the undersigned Offeror, certify that the insurance requirements contained in this proposal document have been reviewed by me with the below identified Insurance Agent/Broker. If I am awarded this contract by the City of Lubbock, I will be able to, within ten (10) business days after being notified of such award by the City of Lubbock, furnish a valid insurance certificate to the City meeting all of the requirements defined in this proposal. _ _t21(t G L J i$ t2NfIrs Z!Vottor ( i 1-Si e� • `: " Contractor (Print) rac CONTRACi'QR'S FIRM. NAME (Print or Type)_ CONTRACTOR'S FIRM ADDRESS:�.�,��` I Na e of Agent/Broker.�-�U:S le t.4a► ` Agent / Broker (Signature) Address of Agenta'Broker: 6 J !1� �. City/State/Zip: a" -T�- 9Yf 3 V. Agent,13roker Telephone Number: ( S( )�7 Dater NOTE TO CONTRACTOR If the time requirement specified above is not met, the City has the right to reject this proposal and award the contract to another contractor. If you have any questions concerning these requirements, please contact the Public Works Contracting Officer for the City of Lubbock at (806) 775-2163. PROPOSAL, 08-727-BM - EAST 20t STREET PAVING AND DRAINAGE IMPROVEMENTS J. 1 S SAFETY RECORD QUESTIONNAIRE The City of Lubbock City Council desires to avail itself of the benefits of Section 252.0435 of the Local Government Code, and consider the safety records of potential contractors prior to awarding proposals on City contracts. Pursuant to j Section 252.0435 of the Local Government Code. City of Lubbock has adopted the following written definition and i 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 Cih' of Lubbock, be it related or caused by t 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 �t' Commission TNRCC) (predecessor to the TCEQ), the Texas Department of State Health Services Conservation ( (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 dmith. 3 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 otTeror 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 require that offerors answer the following three (3) questions and submit them with their proposals: f QUESTION ONE I 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 OSHA within the past three (3) years? F YES •�(N0 -- 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: I Date of offense, location of establishment inspected, category of offense, final disposition of offense, if any, and penalty assessed. 55e;e7�//� Offeror's Initials t t QUESTION TWO IJ 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, P suspensiottlrevocations 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. Y E5 NO_ If the offeror has indicated YES for question number two above, the offeror must provide to City of Lubbock, with its proposal submission, the following information with respect to each such conviction: Date of offense or occurrence, location where offense occurred, type of offense, final disposition of offense, if any, and penalty assessed. QUESTION 'rf-IREE 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,_ 4z 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. ACKNOWLED E?� fENT 1 3 THESTATE OF TEXAS COUNTY OF LUBBOCK l I certify that I have made no willful misrepresentations in this Questionnaire nor have I withheld information in my statements and answers to questions. I am aware that the information given by me in this questionnaire will be investigated, with my full permission, and that any misrepresentations or omissions may cause my proposal to be rejected. t AI Title 2 U.S. Department of Labor Occupational Safety and Health Administration Citation and Notification of Penalty Inspection Number: 310690409 Inspection Dates: 04/ 1012007 - 04/ 1012007 Issuance Date: 04/12/2007 Company Name: West Texas Paving, Inc. Inspection Site: Overton Park Project, 9th and Ave. R, Lubbock, TX 79401 Citation 1 Item 1 Type of Violation: Serious 29 CFR 1926.21(b)(2): The employer did not instruct each emptoyee in the recognition and avoidance of unsafe condition(s) and the regulation(s) applieaRe to his work environment to control -or eliminate any hazard(s) or other exposure to illness or injury: Avenue R and 9th Street: On or about 4/10/07, employees were exposed to cave-in hazards while working inside an excavation that was between 8 and 14 feet in depth without employee protection systems in place. The employees were not trained on the hazards of excavations. Note: Abatement certification and supporting documentation are required for this item. Date By Which Violation Must be Abated: 04/24/2007 Proposed Penalty: $ 15.0 Citation 1 Item 2 Type of Violation: Serious 29 CFR 1926.100(a): Employees were not protected by protective helmets while working in areas where there was a possible danger of head injury from impact, or frdm all'- or fly ni g objects, or from electrical shock and burns: Avenue R and 9th Street: On or about 4/10/07, employees were exposed to overhead hazards while working inside an excavation that was between 8 and 14 feet in depth without wearing hard hats. The employees were not trained on the hazards of excavations. Note: Abatement certification and supporting documentation are required for this item. Date By Which Violation Must be Abated: 04/18/20 7 Proposed Penalty: $ 4 .00 1 t�2 QO See pages 1 through 4 of this Citation and Notification of Penalty for information on employer and employee rights and responsibilities. Citation and Notification of Penalty Page 5 of 7 OSHA-2 (Rev. 9;'93) r J.S. Department of Labor Inspection Number: 310690409 Occupational Safety and Health Administration Inspection Dates: 04/10/2007 - 04/10/2007 Issuance Date: 04/12/2007 Citation and Notification of Penalty Company Name: West Texas Paving, Inc. J Inspection Site: Overton Park Project, 9th and Ave. R, Lubbock, TX 79401 Citation I ltern..'�- Type of Violation: Serious 29 CFR 1926.651(k)(1): Daily inspections of excavations, the adjacent areas, and protective systems were not made by a competent pefson for evidence of a situation that could have resulted in possible cave-ins, indications of failure of protective systems, hazardous atmospheres, or other hazardous conditions: Avenue R and 9th Street: On or about 4/10/07, employees were exposed to cave-in hazards while working inside an excavation that was between 8 and 14 feet in depth without employee protection systems in place. Inspections were not made by a competent person to avoid excavation hazards on this jobsite, Note: Abatement certification and supporting documentation are required for this item. Date By Which Violation Must be Abated: 04/24/2007 Proposed Penalty: $ �1 �0 (6 %0t1n See pages I through 4 of this Citation and Notification of Penalty for information on employer and employee rights and responsibilities. Cation and Notification of Penalty Page 6 of 7 OSHA-2 (Rev. 9,93) U.S. Department of Labor r. Occupational Safety and Health Administration Citation and Notification of Penalty Inspection Number: 310690409 Inspection Dates: 04/ 10/2007 - 04/ 10/2007 Issuance Date: 04/12/2007 Company Name: West Texas Paving, Inc. Inspection Site: Overton Park Project, 9th and Ave. R, Lubbock, TX 79401 Type of Violation: Serious 29 CFR 1926.652(a)(1): Each employee in an excavation was not protected from cave-ins by an adequate protective system designed in accordance with 29 CFR 1926.652(b) or (c): Avenue R and 9th Street: On or about 4/10/07, employees were exposed to cave-in hazards while working inside an excavation that was between 8 and 14 feet in depth without employee protection systems in place. Employees were working without employee protection systems in place. Note: Abatement certification and supporting documentation are required for this item. Date By Which Violation Must be Abated: $ 04/18/2007 Proposed Penalty: li RICHARIJ F. TAPIO Area Director See pages 1 through 4 of this Citation and Notification of Penalty for information on employer and employee rights and responsibilities. Citation and Notification of Penalty Page 7 of 7 OSHA-2 (Rev. 9;93) U.S. DEPARTMENT OF LABOR OCCUPATIONAL SAFETY AND HEALTH ADMINISTRATION In the Matter of: West Texas Paving, Inc. OSHA No.(s): 310690409 INFORMAL SETTLEMENT AGREEMENT T he undersigned Employer and the undersigned Occupational Safety and Health Administration (OSHA), in settlement of the above citation(s) and penalties which were issued on 04/12/07, hereby agree as follows: 1. The Employer agrees to correct the hazards identified in the citations, or as amended below. 2. The Employer agrees to comply with all applicable abatement verification provisions of 29 C.F.R. §1903.19, including but not limited to, all certification, documentation, and posting requirements. Abatement certification shall be accomplished within 10 j calendar days after the abatement date by mailing a letter to Occupational Safety and Health Administration, Lubbock Area Office, 1205 Texas Avenue, Room 806, Lubbock, TX 79401, stating that abatement has been completed, the date and method of abatement, and that affected employees and their representatives have been informed of the abatement. Any required abatement documentation shall be submitted along with the abatement certification. i d 3. The Employer agrees to pay the proposed penalties, if any, as issued with the above -i citation(s), or if amended by this Agreement, as amended below. Such penalty is to be remitted with the signed copy of this Agreement or within 5 days of the signing of this Agreement or within date indicated below. If the original signed - Agreement and payment is not received in accordance with this time period, the Agreement shall be null and void and all.original penalties shall become payable along with appropriate fees, and interest. - 4. The Employer and OSHA agree to amend the citations and penalties, if any, as follows: CITATION PENALTY Cit 01 Penalty changed to $60b.00 Item 001 Cit 01 Penalty changed to $200.00 Item 002 Cit 01 Changed to Cit 01, Item 3a. Penalty $1000.00 Item 003 Cit 01 Changed to Cit 01, Item 3b. No penalty. Item 004 TOTAL PROPOSED PENALTY $18 10.00 5. The Employer promises to permit OSHA access to the workplace at issue herein subsequent to the date fixed for abatement fdr the specific and limited purpose of determining if the conditions described in the citations have been corrected 6. The employer agrees to continue to comply with the applicable provisions of the Occupational Safety and Health Act of 1970, and the applicable safety and health standards promulgated pursuant to the Act. 7. Neither this settlement agreement, nor the employer's failure to contest the citations at issue, shall constitute an admission by the employer of any violations of the Occupational Safety and Health Act to any third parties in any subsequent proceedings, except proceedings brought by the United States Government. 8. The Employer, by signing this settlement agreement, hereby waives its rights to contest the above citation(s) and penalties, as amended in paragraph 4 of the agreement. 9. The Employer agrees to immediately post a copy of this settlement areement in a prominent place at or near the location of the violation(s) referred to in paragraphs 3 and 4 above. This Agreement must remain posted until the violations cited have been corrected, or for 3 working days (excluding weekends and Federal Holidays), whichever is longer. i<a April 29, 2007 Occupational Safety and Health Administration 1205 Texas Ave., Room 806 Lubbock, Texas 79401 RE: OSHA No. 310690409 Abatement Completed Citation I Item 1: All employees have taken a course on trench safety taught by Benton & Associated on April 12.h, and certificates were issued. Citation 1 Item 2 : Protective helmets are being worn at all times. Citation I Item 3A : Daily inspections are being done by Colin Coe who has an Engineering degree and has been trained on trench safety. P.O. Box 64187 • Lubbock, TX 79464 Business: (806) 863-3550 • Mobile: (806) 441-0843 SUSPENSION AND DEBA&MENT CEE2TIFICATION 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 V5,000 or more and all sub -recipients must certify that their organization and its principals are not suspended or debarred by a Federal agency. Before an award of $25,000 or more can be made to your firm, you must certify that your organization and its principals are not suspended or debarred by a Federal agency. i is 1, the undersigned agent for the firm named below, certify that neither this firm nor its principals are suspended or debarred by a Federal agency. l- - COMPANY NAME: t L 1 e S'T t '6'AA S FEDERAL TAX ID or SOCIAL URIT No Signature of Company Official: r Printed name of company official sigming abov : L L� G 14 t Date Signed: I I s'__ i PROPOSED LIST OF SUBCONTRACTORS Company Name and City Minority Owned Yes or No 4M6,$z,cA- /L4 3. 4. 5. 6. 7. 8. 9. 10. 6-1 12. 13. 14. 16. THIS FORM SHALL BE COMPLETED AND RETURNED ALONG W'ITH. YOUR PROPOSAL. IFNOSUB-CONTRASCTORS WILL BE USED PLEASE INDICATE SO POST -CLOSING DOCUMENT REQUIREMENTS The below -listed document must be received in the Public Works Contracting Office Not Later Than TWO BUSINESS DAYS after the close date when proposals are due. FINAL LIST OF SUB -CONTRACTORS Page Intentionally Left Blank I E. 4 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. 16. FINAL LIST OF SUB -CONTRACTORS Company Name and City W Minority Owned Yes or No THIS FORM SHALL BE COMPLETED AND RETURNED NOT LATER THAN TWO BUSINESS DAYS AFTER THE CLOSE DATE WHEN PROPOSALS ARE DUE. IF NO SUB-CONTRASCTORS WILL BE USED PLEASE INDICATE SO Page Intentionally Left Blank Sep 05 08 04:56p Wed Texas Paving 806 863 3550 p.2 STATUTORY PAYMENT BONI) PURSUANT'CO SECTION 2253.021(u) 4F THE TEXAS GOVERNML'N'I' C'.ODE (CON-rI2ACTS MORE THAN $25,000) WEST TEXAS PAVING, INgliereinafier called the Principal(s), KNOW AI,L MEN 13YT14ESE PRE,SNNTS, that �. as Principal(s), and WESTERN SURETY COMPANY hereinallcr called the Sure a c r 1 rml bou unto the City of Lubbock (hereinafter called the ( � sH�i i t � `rde dT Q4 an pollars ($103,686.0 lawful rnoncy of the i)bligcc), in the amount Of Six Hun. redE—lgty- United States ror the paynicnt wbercof, the said Principal and Surety bind thernselvus, and thuir heirs, administrators, executors, succc%surs and assigns, jointly and }everally, firmly by these presents. WHEREAS, the Principal has cttitercd into a certain written contract with the Obl igee, dated the 2 8 th day of A_ u�ust 200$, to__ East 26th Street Street Paving and Drainage Improvements and said Principal under the law is required before commencing the work provided for in said contract to execute a bond in the amount of said contract which contract is hereby referred to and made a part hereof a fully and to the same cxtert as if copied at length hemin. 'NOW, THEREFORE, THE CONDi"T ION OF ThIIS OBLIGATION IS SUCH, that if the said Principal shall pity all claimants supply ing labor and material to him or a subcontractor in the prosecution of the work provided for i:l sa.id contract, then, this obligation shall be void; otherwise to remain in full force and k;I cet: PROVIDT:D, 140WEVER, that this bond is executed pursuant to the provisions of Section 2'_53.U?1(a) ofthe Texas Government Code, and all liabilities can this bond shall be detcrrnined in accordance with the provisions of said An icie to the same extent as if it were copied at length herein. IN WFI'N-L•SS WIIEREOF, the said Principal (s) and Surety (7.) have sifmcd and sealed this instrument this 10 th_ clay of September _ 2005. Western Surety Company ^ West Texas Paving, IDC. (Company ( iel At y—in—Fact Michael N. Rudberg Bv: (I;o �'' - - A) — POWER OF ATTORNEY Know All Men by These Presents: (Irrevocable) No SP_ 22765514 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 F 0 U R =� authorized individuals: AUTHORIZED INDIVIDUALS AUTHORIZED INDIVIDUALS DAVID P BARRIE JILL KRISTEN ALLEN MICHAEL NORMAN RUDBERG SUSAN E CRAIN in the City of DALLAS , 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 MARCH 31 2012 but until such time shall be irrevocable and in full force and effect. _s WESTERN 'SUR i7Y CONIPANY 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 force, to -wit: "Section 7. All bonds, policies, undertakings. Powers of Attorney, or other obligations of the corporation shall be executed in the corporate name of the Company by the President, Secretary, any, Assistant Secretary, Treasurer, or any Vice President, or by such other officers as the Board of Directors may authorize. The President. any Vice President, Secretary, any. Assistant ;Secretary, or the Treasurer may appoint Attorneys in Fact or Agents who shall have authority to issue bonds, policies, or undertakings in the name of the Company. The corporate seal is not necessary for the validity of any bonds, policies, undertakings, Powers of Attorney or other obligations of the corporation. The signature of any such officer and the corporate seal may be printed by facsimile." The penal amount of the bond herein described may be increased if there is attached to this Power, written authority so authorizing in the form of an endorsement, letter or telegram signed by the Underwriting Manager. Underwriting Consultant. Underwriting Specialist, Underwriter, President, Vice President, Assistant Vice President, Treasurer, Secretary or Assistant Secretary of Western Surety Company specifically authorizing said increase. TN WITNESS WHEREOF, Western Surety Company has caused these presents to be executed by its Senior Vice President with its corporate seal affixed this I I th day of December 2006 WESTERI SURETY COMPANY STATE OF SOUTH DAKOTA ' j / 7 ss. By j ' COUNTY OF MINNEHAHA Senior Vice Preside On this 11th day of December in the year 2006 , before me, a Notary Public, personally appeared Paul T. Brutlat. who being by me duly sworn, 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. D. KRELL t� 0-_ NOTARY PUBLIC SEAL SOUTH OAKOTA SEAL Notary Public, South Dakota '_.. My Commission Expires November 30, 2012 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 • 10 th day of September 2008 -s WESTERN; SURETY COMPANY IIvIPORTANT: This date must be filled in before it is attached / to the bond and it must be the same date as the bond. By Form 749-12-2006 Senior Vice Presider NOTICE: This border must be BLUE. If it is not BLUE, this is not a certified copy. > No Text 19D)RO ]R0MletoIA11#1L, up Sep 05 08 04:57p West Texas Paving 806 863 3650 p.3 STiV U ORYPERT'URMANCE BOND PURSUANT TO SEcTrl N 2253.021(a) OF TIE TEXAS GOVERNMENT CODE (CONTRACT'S MORE THAN $100,000) West texas Paving, Inc. KNOW ALL MEN BY THESE. PRESENTS, that (here'niftcr called the Principal(s), as Principal(s), and Western Surety Company (hereinafter called the Surety(, asrc;ty s), a e h ld anti iircnly bound unto the City of Lubbock (hereinafter called the Obligee), in the amount of 1 e un re TVrene T qusHjpollars ($103, 686._t� lawful money of the United Suttcs ('or the payment whereof, the said Princip:t and Surety bind themselves, and their heirs, administrators, executors, successors and assigns, jointly and severally, firmly by these present — WHEREAS, the Principal has entered into a certain written contract with the Obligee, dated the: 28 day of August 2008,to East 26th Street Paving and DrainacTe..Improvemen and said principal under the; law is rewired before commencing the; work provided for in said contract Lo execute a bond in the amount of said contract which contract is hereby referred to and made a part hereof w fully and to the same extent a.� it' copied at length herein. NOW, THEREFORE, FORE, TI16 CONDITION OF THIS OBLIGATTON 1S SUCH, that if the said Principal shall _$ faithfully perfoan the work hi accordance: with the plans, specifications and contract documents, then this obligation shall be void: otherwise to remain in full force and effect. PROVIDED, HOWIrVER, that this Ix)nd is executed pursunnt to the provisions of Section 2253.021(a) of the Texas Government Code, and all liabilities on this bond shall be determined in accordance wah the provisions of said arti -ic to the same extent as if it were copicxl at length herein. IN WITNFSS WHEREOF, the said Principal ts) and Surety- (s) have siEncd and scaled this instrument this loth day of September 2005. Western Surety Company Surety - } 13y: k ("fitic) Atty—in—Fact Michael N. Rudberg West Texas _Paving, Inc (Company Name) Sep 05 08 04:59p West Texas Pavir-g 806 863 3550 p.3 The undersigned surety company represents that it is duly qualified to do business in Texas. and liercby designates Bob Blackburn an agent resident in Lubbock County to whotn ally requisite notices tray be delivercd and on whom service of proce as tatty be had in matters arising out of such suretyship. Western Surety Company Surety POB 64187 Lubbock, TX 79464 {Title) Atty—in—Fact Approvcd as to Form City ul' Lubbock Ry: 'i tto ey * Note. Ir sitmcd by an offs= of the Surcty Company, t1wre must be on file a ecrtifiecl extract from the by-laws avowing that this Person has authority to sign such obligation. if signed by an Attoniey in Fact, we must have copy of tower of attorney for our files. CERTIFICATE OF INSURANCE Page Intentionally Left Blank ACORD- CERTIFICATE OF LIABILITY INSURANCE 9/19i2o s' PRODUCER (806) 792-5564 FAX: (806) 792-9344 Sanford & Tatum Insurance Agency g cy 6303 Indiana Ave. P.O. Box 64790 Lubbock TX 79464 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 Jarnagin P.O. Box 64187 I,Lubbock TX 79464 INSURER A: National American Ins. 366 INSURERB:Texas Mutual Insurance 0048 INSURERC: INSURER D: INSURER E: THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. NSR INqRn ADD'L OF INSURANCE POLICY NUMBER POLICTYPE D TEYMM/DDIY EFFECTIVE PDATE MOLICY D/YY EXPIRATION LIMITS GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 DAMAGE TO RENTED PREES Ea occurrence MIS lOO OOO A X COMMERCIAL GENERAL LIABILITY CLAIMS MADE � OCCUR MP05310242 1/5/2008 1/5/2009 MED EXP An one person)$ 5,000 PERSONAL&ADVINJURY -- $ 1,000,000 GENERAL AGGREGATE $ 2,000,000 I3 GEN-L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OP AGG $ 2,000,000 X I POLICY 0 E LOC AUTOMOBILE LIABILITY ANY AUTO COMBINED SINGLE LIMIT (Ea accident) $ 1,000,000 BODILY INJURY (Per person) $ A ALL OWNED AUTOS X SCHEDULED AUTOS MP05310242 1/5/2008 1/5/2009 BODILY INJURY (Per accident) $ l X HIRED AUTOS X NON -OWNED AUTOS PROPERTY DAMAGE (Per accident) $ GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $ OTHER THAN EA ACC $ ANY AUTO $ AUTO ONLY: AGG EXCESSIUMBRELLA LIABILITY EACH OCCURRENCE$ OCCUR CLAIMS MADE AGGREGATE $ $ DEDUCTIBLE $ RETENTION _ B WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETORWARTNER/EXECUTIVE X I WC STLATU- OTH- ORY— E.L. EACH ACCIDENT $ 1,000,000 E.L. DISEASE - EA EMPLOYEE $ 1,000,000 OFFICER/MEMBEREXCLUDED? If yes, describe under SPECIAL PROVISIONS below TSP-0001129850 4/7/2008 4/7/2009 E.L. DISEASE - POLICY LIMIT $ 1,000,000 OTHER `DESCRIPTION OF OPERATIONSILOCATIONSNEHICLES/EXCLUSIONS ADDED BY ENDORSEMENTISPECIAL PROVISIONS .CITY OF LUBBOCK, ITS OFFICERS, AGENTS AND EMPLOYEES ARE NAMED AS PRIMARY ADDITIONAL 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 ON GL, AUTO, AND WC POLICIES. JOB REF: E 26TH STREET PAVING & DRAINAGE IMPROVEMENT CONTRACT #8583 CITY OF LUBBOCK OFFICE OF PURCHASING P.O. BOX 2000 LUBBOCK, TX 79457 CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 10 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES. AUTHORIZED REPRESENTATIVE Douglas Sanford/JRW +�-�- 125 (2001/08) MIMI nP. © ACORD CORPORATION 1988 Panty 1 of 9 L , fy,11:1 If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. ACORD 25 (2001108) Page2of2 'NS025 (otoa).oaa CERTIFICATE OF INSURANCE I TO: CITY OF LUBBOCK DATE: P.O. BOX 2000, Room 204 LUBBOCK, TX 79457 TYPE OF PROJECT: THIS IS TO CERTIFY THAT (Name and Address of Insured) is, at the date of this certificate, insured by this Company with respect to the business operations hereinafter described, for the typed of insurance and in accordance with the provisions of the standard policies used by this company, the further hereinafter described. Exceptions to standard policy noted hereon. POLICY NUMBER EFFECTIVE EFFECTIVE LIMITS TYPE OF INSURANCE DATE DATE GENERAL LIABILITY Commercial General Liability General Aggregate $ Claims Made Products-Comp/Op AGG $ Occurrence Personal & Adv. Injury $ E Owner's & Contractors Protective Each Occurrence $ Fire Damage (Any one Fire) $ Med Exp (Any one Person) $ AUTOMOTIVE LIABILITY Any Auto Combined Single Limit $ a i All Owned Autos Bodily Injury (Per Person) $ Scheduled Autos Bodily Injury (Per Accident) $ Hired Autos Property Damage $ Non -Owned Autos GARAGE LIABILITY Any Auto Auto Only - Each Accident $ Other than Auto Only: Each Accident $ Aggregate $ BUILDERS RISK $ 100% of the Total Contract Price $ INSTALLATION FLOATER EXCESS LIABILITY $ Umbrella Form Each Occurrence Aggregate $ Other Than Umbrella Form $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY The Proprietor/ Included Statutory Limits Partners/Executive Excluded Each Accident $ Officers are: Disease Policy Limit $ Disease -Each Employee $ OTHER ' The above policies either in the body thereof or by appropriate endorsement provide that they may not be changed or canceled by the insurer in less than the legal time required after the insured has received written notice of such change or cancellation, or in case there is no legal requirement, in less than five days in advance of cancellation. FIVE COPIES OF THE CERTIFICATE OF INSURANCE 1 (Name of Insurer) MUST BE SENT TO THE CITY OF LUBBOCK By: Title: ' The Insurance Certificates furnished shall name the City of Lubbock as a Primary Additional Insured on General Liability and provide a Waiver of Subrogation on all policies in favor of the City of Lubbock. CONTRACTORCRECKLIST 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. REQUIRED WORKERS' COMPENSATION COVERAGE U "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." FJ "Call the Texas Workers' Compensation Commission at 512-305-7238 to receive information on the legal requirement for coverage, to verify whether your employer has provided the required coverage, or to report an employer's failure to provide coverage." and _1/ (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 fling of any coverage agreements for all of its employees providing services on the project, for the duration of the project; r! (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: 1- (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 i 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. L CONTRACT Page Intentionally Left Blank CONTRACT # 8583 STATE OF TEXAS COUNTY OF LUBBOCK THIS AGREEMENT, made and entered into this 28`h day of August, 2008 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 # 08-727-BM — EAST 26TH STREET PAVING AND DRAINAGE IMPROVEMENTS $103,686 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 JULY 31, 2008 is incorporated into and made a part of this agreement. The CONTRACTOR hereby agrees to commence work within ten days after the date written notice to do so shall have been given to him and to substantially complete same within the time specified in the contract documents. The OWNER agrees to pay the CONTRACTOR in current funds for the performance of the contract in accordance with the proposal submitted therefore, subject to additions and deductions, as provided in the contract documents and to 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 E s f lem 3 PCv jwG J.,' t Address vXLfg(C11 4City, State, Zip ), ATTEST: Corporati Secretary CITY OF LUBBOCK, TEXAS (OWNER): By: MAYO ATTEST: '0AJ"'4'4 I C City Secr ary A , , W U MQW0NL l i Fwal,1'A.1 9 _. 3 GENERAL CONDITIONS OF THE AGREEMENT Page Intentionally Left Blank 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. i- 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. The City reserves the right to approve or disapprove the selection of any subcontractor(s). 7. WRITTEN NOTICE Written notice shall be deemed to have been duly served if delivered in person to the individual or to a member of the firm or to an officer of the corporation for whom it is intended, or if delivered at or sent certified mail to the last business address known to the party who gives the notice. 0 10. 11 12. 13 CONTRACTOR'S RESPONSIBILITIES Unless otherwise stipulated, the Contractor shall provide and pay for all materials, supplies, machinery, equipment, tools, superintendence, labor, insurance, and all water, light, power, fuel, transportation and all other facilities necessary for the execution and completion of the work covered by the contract documents. Unless otherwise specified, all materials shall be new and both workmanship and materials shall be of a good quality. The Contractor shall, if required, furnish satisfactory evidence as to the kind and quality of materials. Materials or work described in words which so applied have well known, technical or trade meaning shall be held to refer such recognized standards. All work shall be done and all materials furnished in strict conformity with the contract documents. SUBSTANTIALLY COMPLETED The term "Substantially Completed" is meant that the structure or project contemplated by the contract documents has been made suitable for use or occupancy or the facility is in a condition to serve its intended purpose, but still may require minor miscellaneous work and adjustment. ril LAYOUT r-I Except as specifically provided herein, the Contractor shall be responsible for laying out all work and shall accomplish this work in a manner acceptable to the Owner's Representative. The Owner's Representative will - check the Contractor's layout of all major structures and any other layout work done by the Contractor at Contractor's request, but this check does not relieve the Contractor of the responsibility of correctly locating all work in accordance with the Plans and Specifications. KEEPING OF PLANS AND SPECIFICATIONS ACCESSIBLE The Contractor shall be furnished copies of all Plans and Specifications without expense to Contractor and Contractor shall keep one copy of same consistently. accessible on the job site. RIGHT OF ENTRY The Owner's Representative may make periodic visits to the site to observe the progress or quality of the executed work and to determine, in general, if the work is proceeding in accordance with the contract documents. Owner's Representative will not be required to make exhaustive or continuous onsite inspections to check the quality or quantity of the work, nor will Owner's Representative be responsible for the construction means, methods, - techniques, sequences or procedures, or the safety precautions incident thereto. Notwithstanding the Owner's Representative's rights of entry hereunder, the Owner's Representative will not be responsible for the Contractor's failure to perform the work in accordance with the Contract Documents. LINES AND GRADES All lines and grades shall be furnished whenever Owner's Representative deems said lines and grades are necessary for the commencement of the work contemplated by these contract documents or the completion of the I I work contemplated by these contract documents. Whenever necessary, Contractor shall suspend its work in order f 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 i J Subcontractors, or its employees, such stakes, marks, etc., shall be replaced by the Owner's Representative at Contractor's expense. 2 iI [ 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. F,` 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 Mature 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 1 18. 19 20. 21 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. rJ CHARACTER OF WORKERS The Contractor agrees to employ only orderly and competent workers, skillful in the performance in the type of work required under this contract, to do the work; and agrees that whenever the Owner's Representative shall inform Contractor in writing that any man or men on the work, are, in Owner's Representative's sole opinion, incompetent, unfaithful, disorderly, or otherwise unacceptable to Owner or Owner's Representative, such man or men shall be discharged from the work and shall not again be employed on the work without the Owner's Representative's written consent. CONSTRUCTION PLANT The Contractor shall provide all labor, tools, equipment, machinery and materials necessary in the prosecution and completion of this contract where it is not otherwise specifically provided that Owner shall furnish same, and it is also understood that Owner shall not be held responsible for the care, preservation, conservation, or protection of any materials, tools, equipment or machinery or any part of the work until it is finally completed and accepted. The building of structures for the housing of men or equipment will be permitted only at such places as the Owner's Representative shall consent or direct, and the sanitary conditions of the grounds in or about such structure shall at all times be maintained in a manner satisfactory to the Owner's Representative. SANITATION Necessary sanitary conveniences for the use of laborers on the work site, properly secluded from public observation, shall be constructed and maintained by the Contractor in such manner and at such points as shall be approved by the Owner's Representative and their use shall be strictly enforced. 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. 4 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 t- 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. Fi 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 r work, and the increased work can fairly be classified under the specifications, such increase shall be paid according to the quantity actually done and at the unit price established for such work under this contract; otherwise such additional work shall be paid for as provided under Extra Work. In case the Owner shall make such changes or alterations as shall make useless any work already done or material already furnished or used in said work, then the Owner shall recompense the Contractor for any material or labor so used, and for actual ( expenses incurred in preparation for the work as originally planned. 24. EXTRA WORK The term "extra work" as used in this contract shall be understood to mean and include all work that may be required by the Owner or Owner's Representative to be done by the Contractor to accomplish any change, alteration or addition to the work as shown on the plans and specifications or contract documents and not covered by Contractor's proposal, except as provided under Changes and Alterations herein. It is agreed that the Contractor shall perform all extra work under the direction of the Owner's Representative when presented with a written work order signed by the Owner's Representative; subject, however, to the right of the Contractor to require written confirmation of such extra work order by the Owner. It is also agreed that the compensation to be paid to the Contractor for performing said extra work shall be determined by the following ' = methods: Method (A) - By agreed unit prices; or Method (B) - By agreed lump sum; or 25. Method (C) - If neither Method (A) or Method (B) be agreed upon before the extra work is commenced, then the Contractor shall be paid the lesser of the following: (1) actual field cost of the extra work, plus fifteen (15%) percent; or (2) the amount that would have been charged by a reasonable and prudent Contractor as a reasonable and necessary cost for performance of the extra work. In the event said extra work be performed and paid for under Method (C)(1), then the provisions of this paragraph shall apply and the "actual field cost" is hereby defined to include the cost of all workmen, such as foremen, timekeepers, mechanics and laborers, materials, supplies, teams, trucks, rentals on machinery and equipment, for the time actually employed or used on such extra work, plus actual transportation charges necessarily incurred, together with all expenses incurred directly on account of such extra work, including Social Security, Old Age Benefits, Maintenance Bonds, Public Liability and Property Damage and Workers' Compensation and all other insurances as may be required by law or ordinances or directed by the Owner or Owner's Representative, or by them agreed to. Owner's Representative may direct the form in which accounts of the actual field cost shall be kept and records of these accounts shall be made available to the Owner's Representative. The Owner's Representative may also specify in writing, before the work coniniences, the method of doing the work and the type and kind of machinery and equipment to be used; otherwise, these matters shall be determined by the Contractor. Unless otherwise agreed upon, the prices for the use of machinery and equipment shall be determined by using 100%, unless otherwise specified, of the latest Schedule of Equipment and Ownership Expenses adopted by the Associated General Contractors of America. Where practical, the terms and prices for the use of machinery and equipment shall be incorporated in the written extra work order. The fifteen percent (15%) of the actual field cost to be paid to Contractor shall cover and compensate Contractor for its profit, overhead, general superintendence and field office expense, and all other elements of cost and expense not embraced within the actual field cost as herein defined, save that where the Contractor's Camp or Field Office must be maintained primarily on account of such Extra Work, then the cost to maintain and operate the same shall be included in the "actual field cost." No claim for extra work of any kind will be allowed unless ordered in writing by Owner's Representative. In case any orders or instructions appear to the Contractor to involve extra work for which Contractor should receive compensation or an adjustment in the construction time, Contractor shall prior to commencement of such extra work, make written request to the Owner's Representative for a written order authorizing such extra work. Should " a difference of opinion arise as to what does or does not constitute extra work or as to the payment therefore, and the Owner's Representative insists upon its performance, the Contractor shall proceed with the work after making written request for written order and shall keep adequate and accurate account of the actual field cost thereof, as provided under Method (C) (1). If Contractor does not notify Owner's Representative before the commencement of any extra work, any claim for payment due to alleged extra work shall be deemed waived. DISCREPANCIES AND OMISSIONS It is further agreed that it is the intent of the contract documents that all work described in the proposal, the specifications, plans and other contract documents, is to be done for the prices quoted by the Contractor and that such price shall include all appurtenances necessary to complete the work in accordance with the intent of these contract documents as interpreted by Owner's Representative. Notices of any discrepancies or omissions in these plans, specifications, or contract documents, shall be given to the Owners' Representative and a clarification obtained before the proposals are received, and if no such notice is received by the Owner's Representative prior to the opening of proposals, then it shall be deemed that the Contractor fully understands the work to be included and has provided sufficient sums in its proposal to complete the work in accordance with these plans and specifications. If Contractor does not notify Owner's Representative before offering of any discrepancies or omissions, then it shall be deemed for all purposes that the plans and specifications are sufficient and adequate for completion of the project. It is further agreed that any request for clarification must be submitted no later than five (5) calendar days prior to the opening of proposals. 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 i s 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. rill 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. k A. Commercial General Liability Insurance (Primary Additional Insured and Waiver of Subrogation required) rl 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 B. Owner's and Contractor's Protective Liability Insurance. - NOT REQUIRED C. Comprehensive Automobile Liability Insurance (Waiver of Subrogation Required) The Contractor shall have Comprehensive Automobile Liability Insurance with limits of not less than; Bodily Injury/Property Damage, $I.000.000 Combined Single Limit, to include all owned and non -owned cars including: Employers Non -ownership Liability Hired and Non -owned Vehicles. D. Builder's Risk Insurance/Installation Floater Insurance. - NOT REQUIRED E. Umbrella Liability Insurance - NOT REQUIRED F. Worker's Compensation and Employers Liability Insurance (Waiver of Subrogation required) Worker's Compensation Insurance covering all employees whether employed by the Contractor or any Subcontractor on the job with Employers Liability of at least $500,000. 1. Definitions: Certificate of coverage ("certificate") - A copy of a certificate of insurance, a certificate of authority to self -insure issued by the commission, or a coverage agreement (TWCC-81, TWCC- ' 82, TWCC-83, or TWCC-84), showing statutory workers' compensation insurance coverage for the person's or entity's employees providing services on a project, for the duration of the project. 11 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 8 I t J limitation, independent contractors, subcontractors, leasing companies, motor carriers, owner - operators, employees of any such entity, or employees of any entity which furnishes persons to F 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. 3. The Contractor must provide a certificate of coverage to the governmental entity prior to being awarded the contract. t 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 I. 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; 9 G (c) provide the Contractor, prior to the end of the coverage period, a new certificate of ( z coverage showing extension of coverage, if the coverage period shown on the current - certificate of coverage ends during the duration of the project; ri, (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 V_ 1 (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. Proof of Coverage Before work on this contract is commenced, each Contractor and subcontractor shall submit to the Owner for approval five Certificates of Insurance covering each insurance policy carried and offered as evidence of compliance with the above insurance requirements, signed by an authorized representative of the insurance company setting forth: (1) The name and address of the insured. (2) The location of the operations to which the insurance applies. 10 (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: W a certificate of coverage, prior to that person beginning work on the project, so the governmental entity will have on file certificates of coverage showing coverage for all persons providing services on the project; and (ii) no later than seven days after receipt by the Contractor, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (e) retain all required certificates of coverage on file for the duration of the project and for one year thereafter; (f) notify the governmental entity in writing by certified mail or personal delivery, within 10 days after the Contractor knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project; (g) post a notice on each project site informing all persons providing services on the project that they are required to be covered, and stating how a person may verify current coverage and report failure to provide coverage. This notice does not satisfy other posting requirements imposed by the Texas Worker's Compensation Act or other commission rules. This notice must be printed with a title in at least 30-point bold type and text in at least 19-point normal type, and shall be in both English and Spanish and any other language common to the worker population. The text for the notices shall be the following text provided by the commission on the sample notice, without any additional words or changes: REQUIRED WORKERS' COMPENSATION COVERAGE 11 "The law requires that each person working on this site or providing services related to i 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 I E of their employer or status as an employee. " "Call the Texas Workers' Compensation Commission at 800-372-7713 or 512-804- 4000 (www.tdi.state.t_Y us) to receive information of the legal requirements for coverage, to verify whether your employer has provided the required coverage, or to report an employer's failure to provide coverage, " and (h) contractually require each person with whom it contracts to provide services on a project, to: (i) provide coverage based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements for all of its employees providing services on the project, for the duration of the project; (ii) provide a certificate of coverage to the Contractor prior to that person beginning work on the project; (iii) include in all contracts to provide services on the project the following language. - "By signing this contract or providing or causing to be provided a certificate of coverage, the person signing this contract is representing to the governmental entity that all employees of the person signing this contract who will 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: (vi) rl _i t_ I t_J (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; r� retain all required certificates of coverage on file for the duration of the project and for one year thereafter; notify the governmental entity in writing by certified mail or personal delivery, within 10 days after the person knew or should have known, of any change that -' 12 1 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, _ MATERIALMEN, AND FURNISHERS OF MACHINERY EQUIPMENT AND SUPPLIES Without limiting, in any way, manner or form, the indemnity provided by Contractor in paragraph 27 hereof, the Contractor agrees that it will indemnify and save the Owner and all of its officers, agents and employees, harmless against any and all claims, liabilities, losses, damages, expenses and causes of action arising out of, in any way, manner or form, the demands of subcontractors, laborers, workmen, mechanics, material men and furnishers of machinery and parts thereof, equipment, power tools, and supplies, incurred in the performance of this contract and the project which is the subject matter of this contract. When Owner so desires, the Contractor shall furnish satisfactory evidence that all obligations of the nature hereinabove designated have been paid, discharged or waived. 31. PROTECTION AGAINST ROYALTIES OR PATENT INVENTION The Contractor shall pay all royalties and license fees, and shall provide for the use of any design, device, material or process covered by letters patent or copyright by suitable legal agreement with the Patentee or owner thereof. Without limiting, in any way, manner or form, the indemnity provided by Contractor in paragraph 27 hereof, the Contractor shall defend all suits or claims for infringement of any patent or copyrights and shall indemnify and save the Owner, and all of its officers, agents and employees harmless from any loss on account thereof, except that Owner shall defend all such suits and claims and shall be responsible for all such loss when a particular design, device, material or process or the product of a particular manufacturer or manufacturers is specified or required in these contract documents by Owner; provided, however, if choice of alternate design, device, material or process is allowed to the Contractor, then Contractor shall indemnify and save Owner, and all of its officers, agents and employees harmless from any loss on account thereof. Notwithstanding anything herein to the contrary, if the material or process specified or required by Owner and/or this contract is an infringement, the Contractor shall be responsible for such loss unless it gives written notice of such infringement to the Owner's Representative prior to offering. 32. LAWS AND ORDINANCES The Contractor shall at all times observe and comply with all federal, state and local laws, ordinances and regulations, which in any manner affect the contract or the work, and without limiting, in any way, manner or form, the indemnity provided by Contractor in paragraph 27 hereof, Contractor shall indemnify and save harmless the Owner, and all of its officers, agents, and employees against any claims arising from the violation of any such laws, ordinances, and regulations, whether by the Contractor, its employees, or subcontractors. If the Contractor observes that the plans and specifications are at variance therewith, he shall notify the Owner's Representative in writing prior to proposing and any necessary changes shall be adjusted as provided in the contract for changes in 13 33 34. 35 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. SUBCONTRACTING The Contractor agrees that it will retain personal control and will give its personal attention to the fulfillment of this contract. The Contractor further agrees that subletting of any portion or feature of the work, or materials required in the performance of this contract, shall not relieve the Contractor from its full obligations to the Owner, as provided by the contract documents. TIME FOR SUBSTANTIAL COMPLETION AND LIQUIDATED DAMAGES It is hereby understood and mutually agreed by and between the Contractor and the Owner, that the date of beginning and time for completion as specified in the contract documents, of work to be done hereunder are essential conditions of this contract; and it is further mutually understood and agreed that the work embraced in this contract shall be commenced as provided in the contract documents. If the Contractor should neglect, fail, or refuse to substantially complete the work within the time herein specified, then the Contractor does hereby agree as part of the consideration for the awarding of this contract, the Owner may withhold permanently from Contractor's total compensation, the sum of $25 (TWENTY-FIVE AND 00/100 DOLLARS) PER DAY, not as a penalty, but as liquidated damages for the breach of the contract as herein set forth for each and every working day that the Contractor shall be in default after the time stipulated for substantially completing the work. It is expressly understood and agreed, by and between Contractor and the Owner, that the time for the substantial completion of the work described herein is reasonable time for the completion of the same, taking into consideration the average climatic range and conditions and usual industrial conditions prevailing in this locality. The amount is fixed and agreed upon by and between the Contractor and the Owner because the actual damages the Owner would sustain in such event would be difficult and/or impossible to estimate, however, the amount agreed upon herein is a reasonable forecast of the amount necessary to render just compensation to Owner, and is expressly agreed to be not disproportionate to actual damages as measured at time of breach. IT IS FURTHER AGREED AND UNDERSTOOD BETWEEN THE CONTRACTOR AND OWNER THAT TIME IS OF THE ESSENCE OF THIS CONTRACT. TIME AND ORDER OF COMPLETION It is the meaning and intent of this contract, unless otherwise herein specifically provided, that the Contractor shall be allowed to prosecute its work at such time and sessions, in such order of precedence, and in such manner as shall be most conductive to economy of construction; provided, however, that the order and time of prosecution shall be such that the work shall be substantially completed as a whole and in part, in accordance with this contract, the plans and specifications, and within the time of completion designated in the proposal; provided, also, that when the Owner is having other work done, either by contract or by its own force, the Owner's 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 f In executing the contract, the Contractor agrees that in undertaking to complete the work within the time herein fixed, Contractor has taken into consideration and made allowances for all hindrances and delays incident to such work, whether growing out of delays due to unusual and unanticipated circumstances, difficulties or delays in securing material or workmen, or any other cause or occurrence. No charge shall be made by the Contractor for hindrance or delays from any cause during the progress of any part of the work embraced in this contract except { where the work is stopped by order of the Owner or Owner's Representative for the Owner's convenience, in which event, such expense as in the sole judgment of the Owner's Representative that is caused by such stoppage shall be paid by Owner to Contractor. 38. QUANTITIES AND MEASUREMENTS No extra or customary measurements of any kind will be allowed, but the actual measured or computed length, area, solid contents, number and weight only shall be considered, unless otherwise specifically provided. In the event this contract is let on a unit price basis, then Owner and Contractor agree that this contract, including the specifications, plans and other contract documents are intended to show clearly all work to be done and material to be furnished hereunder. Where the estimated quantities are shown, and only when same are expressly stated to be estimates, for the various classes of work to be done and material to be furnished under this contract, they are approximate and are to be used only as a basis for estimating the probable cost of the work and for comparing their proposals offered for the work. In the event the amount of work to be done and materials to be furnished are expressly stated to be estimated, and only when same are expressly stated to be estimated, it is understood and agreed that the actual amount of work to be done and the materials to be furnished under this contract may differ somewhat from these estimates, and that where the basis for payment under this contract is the unit price method, payment shall be for the actual amount of work done and materials furnished on the project. 39. PROTECTION OF ADJOINING PROPERTY The Contractor shall take proper means to protect the adjacent or adjoining property or properties in any way encountered, which may be injured or seriously affected by any process of construction to be undertaken under - this agreement, from any damage or injury by reason of said process of construction; and Contractor shall be 15 i .M 41. 42. liable for any and all claims for such damage on account of his failure to fully protect all adjacent property. Without limiting, in any way, manner and form, the indemnity provided by Contractor in paragraph 27 hereof, the Contractor agrees to indemnify, save and hold harmless the Owner, and any of its officers, agents and employees, against any and all claims or damages due to any injury to any adjacent or adjoining property, related to, arising from or growing out of the performance of this contract. PRICE FOR WORK In consideration of the furnishing of all necessary labor, equipment and material and the completion of all work by the Contractor, and on the delivery of all materials embraced in this contract in full conformity with the specifications and stipulations herein contained, the Owner agrees to pay the Contractor the price set forth in the proposal attached hereto, which has been made a part of this contract, and the Contractor hereby agrees to receive such price in full for furnishing all materials and all labor required for the aforesaid work, also, for all expenses incurred by Contractor and for well and truly performing the same and the whole thereof in the manner and according to this agreement, the attached specifications, plans, contract documents and requirements of Owner's Representative. PAYMENTS No payments made or certificates given shall be considered as conclusive evidence of the performance of the contract, either wholly or in part, nor shall any certificate or payment be considered as acceptance of defective work. Contractor shall at any time requested during the progress of the work furnish the Owner or Owner's Representative with a verifying certificate showing the Contractor's total outstanding indebtedness in connection with the work. Before final payment is made, Contractor shall satisfy Owner, by affidavit or otherwise, that there are no outstanding liens against Owner's premises by reason of any work under the contract. Acceptance by Contractor of final payment of the contract price shall constitute a waiver of all claims against Owner, Owner's agents and employees, which have not theretofore been timely filed as provided in this contract. PARTIAL PAYMENTS On or before the tenth day of each month, the Contractor shall submit to Owner's Representative an application for partial payment or, if the Contractor does not submit such application, the Owner's Representative shall determine the amount to be partially paid. Owner's Representative shall review said application for partial payment if submitted, and the progress of the work made by the Contractor and if found to be in order, shall prepare a certificate for partial payment showing as completely as practical the total value of the work done by the Contractor up to and including the last day of the preceding month. The determination of the partial payment by the Owner's Representative shall be in accordance with Paragraph 14 hereof. The Owner shall then pay the Contractor on or before the fifteenth day of the current month the total amount of the Owner's Representative's Certificate of Partial Payment, less 5% of the amount thereof, which 5% shall be retained until final payment, and further, less all previous payments and all further sums that may be retained by Owner under the terms of the contract documents. Any partial payment made hereunder shall not constitute a waiver by the Owner of any and all other rights to enforce the express terms of the contract documents, and all remedies provided therein, as to any and all work performed, to be performed and/or materials delivered hereunder, including, but limited to, work to which said partial payment is attributable. 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, 16 is 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 31st working day after the date of certification of final completion, the balance due Contractor under the terms of this agreement. Neither the certification of final completion nor the final payment, nor any provisions in the contract documents shall relieve the Contractor of the obligation for fulfillment of any warranty which may be required in the contract documents and/or any warranty or warranties implied by law or otherwise. 45. CORRECTION OF WORK Contractor shall promptly remove from Owner's premises all materials condemned by the Owner's Representative on account of failure to conform to the contract documents, whether actually incorporated in the work or not, and Contractor shall at its own expense promptly replace such condemned materials with other materials conforming to the requirements of the contract documents. Contractor shall also bear the expense of restoring all work of other contractors damaged by any such removal or replacement. If Contractor does not remove and replace any such condemned work within a reasonable time after a written notice by the Owner or the Owner's Representative, Owner may remove and replace it at Contractor's expense. Neither the final payment, nor certification of final completion or substantial completion, nor any provision in the contract documents shall relieve the Contractor of responsibility for faulty materials or workmanship, and Contractor shall remedy any defects due thereto and pay for any damage to other work resulting therefrom, which shall appear within a period of one (1) year from the date of certification of final completion by Owner's Representative. 46. PAYMENT WITHHELD The Owner or Owner's Representative may, on account of subsequently discovered evidence, withhold or nullify the whole or part of any certification to such extent as may be necessary to protect itself from loss on account of: (a) Defective work not remedied and/or work not performed. (b) Claims filed or reasonable evidence indicating possible filing of claims. (c) Damage to another contractor. When the above grounds are removed, or the Contractor provides a surety bond satisfactory to the Owner, in the amount withheld, payment shall be made for amounts withheld because of them. 47. CLAIM OR DISPUTE It is further agreed by both parties hereto that all questions of dispute or adjustment presented by the Contractor ' shall be in writing and filed with the Owner's Representative within fifteen (15) calendar days after the Owner's Representative has given any direction, order or instruction to which the Contractor desires to take exception. Timely written notice of dispute as provided in this contract of any decision by Owner's Representative or Owner shall be a condition precedent to the bringing and/or assertion of any action or claim by Contractor of any right under this Contract. If the matters set forth in the notice of dispute are not granted or otherwise responded to by �_, 17 52 61M 54 55. 56. 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. 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. CLEANING UP The Contractor shall at all times keep the premises free from accumulation of debris caused by the work, and at the completion of the work Contractor shall remove all such debris and also its tools, scaffolding, and surplus materials and shall leave the work room clean or its equivalent. The work shall be left in good order and condition. In case of dispute Owner may remove the debris and charge the cost to the Contractor. HAZARDOUS SUBSTANCES AND ASBESTOS Hazardous Substances (herein so called), as defined in the Comprehensive Environmental Response, Compensation, and Liability Act (42 U.S.C.S. §9601(14)) and the regulations promulgated thereunder, as same may be amended from time to time, hydrocarbons or other petroleum products or byproducts and/or asbestos, in any form, shall not (i) be utilized, in any way, manner or form, in the construction of, or incorporation into, the Project; or (ii) be brought upon, placed, or located, by any party, on the Project site, or any other property of the City, without the -written consent of the Owner's Representative. If Contractor believes that the utilization of a f ) 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. 1 In the event Owner's Representative shall consent to the request of Contractor, Contractor shall be responsible for ensuring that all personnel involved in the Project are (i) trained for the level of expertise required for proper performance of the actions contemplated by this Contract and, in particular, in all aspects of handling, storage, disposal and exposure of Hazardous Substances, hydrocarbons or other petroleum products or byproducts and/or asbestos; and (ii) are provided and utilize all protective equipment, including without limitation, personal protective gear, necessary to provide protection from exposure to Hazardous Substances, hydrocarbons or other petroleum products or byproducts and/or asbestos. NON -APPROPRIATION All funds for payment by the City under this contract are subject to the availability of an annual appropriation for this purpose by the City. In the event of non -appropriation of funds by the City Council of the City of Lubbock 20 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 rvi any time funds are not appropriated for the continuance of this contract, cancellation shall be accepted by the Seller on thirty (30) days prior written notice, but failure to give such notice shall be of no effect and the City shall not be obligated under this contract beyond the date of termination. 57. THE CITY RIGHT TO AUDIT At any time during the term of this Contract and for a period of four (4) years thereafter the City or a duly authorized audit representative of the City, or the State of Texas, at its expense and at reasonable times, reserves the right to audit Contractor's records and books relevant to all services provided under this Contract. In the event such an audit by the City reveals any errors/overpayments by the City, Contractor shall refund the City the full amount of such overpayments within thirty (30) days of such audit findings, or the City, at its option, reserves the right to deduct such amounts owing the City from any payments due Contractor. 21 Page Intentionally Left Blank DAVIS-BACON WAGE DETERMINATIONS Page Intentionally Left Blank �l EXHIBIT A GENERAL DECISION: TX20080028 02/08/2008 TX28 i Date: February 8, 2008 General Decision Number: TX20080028 02/08/2008 Superseded General Decision Number: TX20070028 State: Texas t_ Construction Types: Heavy and Highway Counties: Ector, Lubbock, Midland, Potter, Randall, Taylor and Tom Green Counties in Texas. HEAVY (excluding tunnels & dams) and HIGHWAY PROJECTS (does not include building structures in rest area projects). Modification Number Publication Date 0 02/08/2008 * SUTX2004-001 11/09/2004 Rates Fringes Asphalt Distributor Operator ... $ 9.25 0.00 Asphalt Heater Operator ........ $ 11.21 0.00 Asphalt paving machine operator$ 11.16 0.00 Asphalt Raker ..................$ 9.51 0.00 Broom or Sweeper Operator ...... $ 8.57 0.00 Bulldozer operator ...........$ 9.76 0.00 Carpenter......... ...........$ 12.61 0.00 Concrete Finisher, Paving ...... $ 13.26 0.00 Concrete Finisher, Structures..$ 11.20 0.00 Crane, Clamshell, Backhoe, Derrick, Dragline, Shovel Operator .......................$ 11.00 0.00 Electrician ....................$ 17.00 0.00 Form Builder/Setter, Structures$ 9.26 0.00 Form Setter, Paving & Curb ..... $ 9.82 0.00 Front End Loader Operator ...... $ 10.52 0.00 Laborer, common ................$ 8.51 0.00 Laborer, Utility ...............$ 10.46 0.00 Mechanic .......................$ 16.85 0.00 Motor Grader Operator Rough .... $ 11.75 0.00 Motor Grader Operator, Fine Grade ..........................$ 13.50 0.00 Planer Operator ................$ 13.36 0.00 11%ol l h t� Pneumatic, �.���er opera „r, Self -Propelled .................$ 7.67 0.00 Roller Operator, Steel Wheel, Flat Wheel/Tamping.............$ 8.06 0.00 Roller Operator, Steel Wheel, Plant Mix Pavement .............$ 7.50 0.00 Scraper Operator ...............$ 8.50 0.00 Servicer .......................$ 8.98 0.00 Slip Form Machine Operator ..... $ 13.64 0.00 Tractor operator, Pneumatic .... $ 12.00 0.00 Traveling Mixer Operator ....... $ 12.00 0.00 Truck driver, lowboy -Float ..... $ 12.67 0.00 Truck driver, Single Axle, Heavy ..........................$ 8.50 0.00 Truck driver, Single Axle, Light ..........................$ 8.08 0.00 Truck Driver, Tandem Axle, Semi -Trailer ...................$ 8.66 0.00 Welder .........................$ 15.25 0.00 Work Zone Barricade Servicer... ---------------------------------------------------------------- $ 8.28 0.00 WELDERS - Receive rate prescribed for craft performing operation to which welding is incidental. -------------- Unlisted classifications needed for work not included within the scope of the classifications listed may be added after award only as provided in the labor standards contract clauses (29CFR 5.5 (a) (1) (ii)). In the listing above, the "SU" designation means that rates listed under the identifier do not reflect collectively bargained wage and fringe benefit rates. Other designations indicate unions whose rates have been determined to be prevailing. WAGE DETERMINATION APPEALS PROCESS 1.) Has there been an initial decision in the matter? This can be. * an existing published wage determination * a survey underlying a wage determination * a Wage and Hour Division letter setting forth a position on a wage determination matter * a conformance (additional classification and rate) ruling On survey related matters, initial contact, including requests for summaries of surveys, should be with the Wage and Hour Regional Office for the area in which the survey was conducted because those Regional Offices have responsibility for the Davis -Bacon survey program. If the response from this initial contact is not satisfactory, then the process described in 2.) and 3.) should be followed. With regard to any other matter not yet ripe for the formal process described here, initial contact should be with the Branch of Construction Wage Determinations. Write to: Branch of Construction Wage Determinations Wage and Hour Division U.S. Department of Labor 200 Constitution Avenue, N.W. g Washington, DC 20210 2.) If the answer to the question in 1.) is yes, then an interested party (those affected by the action) can request ' review and reconsideration from the Wage and Hour Administrator (See 29 CFR Part 1.8 and 29 CFR Part 7). Write to: Wage and Hour Administrator U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 The request should be accompanied by a full statement of the interested party's position and by any information (wage payment data, project description, area practice material, etc.) that the requestor considers relevant to the issue. 3.) If the decision of the Administrator is not favorable, an .' interested party may appeal directly to the Administrative Review Board (formerly the Wage Appeals Board). Write to: Administrative Review Board U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 4.) All decisions by the Administrative Review Board are final. END OF GENERAL DECISION EXHIBIT B Prevailing Wage Rates Overtime Rate The rate for overtime (in excess of forty hours per week) shall be as required by the Fair Labor Standards Act. EXHIBIT C Prevailing Wage Rates Legal Holiday Rate The rate for legal holidays shall be as required by the Fair Labor Standards Act. Page Intentionally Left Blank SPECIFICATIONS Page Intentionally Left Blank CITY OF LUBBOCK PUBLIC WORKS ENGINEERING STANDARD PAVING SPECIFICATIONS April 18, 2006 CITY OF LUBBOCK PUBLIC WORKS ENGINEERING STANDARD PAVING SPECIFICATIONS 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 STORM SEWER 23 7.2 Reinforced Concrete Pipe 24 7.3 Mortar 24 7.4 Preformed Bituminous Gasket Joints 24 7.5 Manholes 24 7.6 Manhole Frames and Covers 26 7.7 Construction Methods 26 7.8 Excavation 26 7.9 Pipe Installation 28 7.10 Backfilling 29 7.11 Trench Protection 29 8.1 FENCES 30 9.1 SALVAGE OF ASPHALT PAVING 31 10.1 BARRICADES 31 11.1 PROSECUTION OF THE WORK AND WORKING DAYS 32 11.2 Working Days Definition 32 11.3 Work Between November 1 and January 2 33 12.1 MEASUREMENT AND PAYMENT 33 12.2 Curb and Gutter 34 12.3 Concrete Flat Slabs 34 12.4 Curb Ramps 34 12.5 Concrete Drainage Channel 34 12.6 Retaining Wall or Curb on Drain Channel or Curb Ramp 34 12.7 Concrete Median 35 12.8 Concrete Street Paving 35 12.9 Sawing and Sealing Joints 35 12.10 Storm Sewer Inlet Boxes and Manholes 35 12.11 Headwalls 35 12.12 Storm Sewer Pipe 36 12.13 Extra Vertical Feet of Manhole 36 12.14 Curb and Gutter Removal 36 12.15 Concrete Slab Removal 36 12.16 2 Sack Flowable Fill 37 12.17 Asphalt Paving 37 12.18 Asphalt Paving Repair 37 12.19 Excavation and Grading 37 12.20 Ditch Grading and Unpaved Street Surface Grading 37 13.1 STANDARD DETAILS 38 Street Crown Elevations Typical Asphalt Street Cross -sections Typical 24 inch Curb and Gutter Typical 30 inch Curb and Gutter Concrete Valley Gutter Alley Return and Alley Paving__ Tee Alley Typical Handicap Ramp s CITY OF LUBBOCK PUBLIC WORKS ENGINEERING STANDARD PAVING 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 _A 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. 2 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 I-800-545-6005 and provide time for all utilities to be identified prior to construction. On all projects the contractor shall exercise care not to damage any sanitary sewer pipe, manholes, storm sewers, water lines, valves and boxes, communication cables, power cables, gas lines, nor any other pipe or utility. The contractor will be responsible during the construction period for damages to any utilities. Irrigation systems affected by construction shall be properly repaired with materials equal the existing system. The repairs shall be pressure tested to the satisfaction of the Engineer prior to being covered. 1.8 WATER FOR CONSTRUCTION The City will not furnish water at no charge for construction. To use City water for construction the contractor shall acquire a water meter for use on a City fire hydrant, and will be charged the applicable rate for the quantity of water used. The contractor shall contact Lubbock Power and Light Customer Service Department (775-2509) and establish a utility account. The contractor must pay the current deposit for a fire hydrant meter. After the account is established and the deposit is paid, the contractor may pick up a meter from the City Water Department at 600 Municipal Drive. Fire hydrants shall be operated only by use an approved fire hydrant wrench. No pipe wrenches, or other unapproved devices, shall be used to open and close a fire hydrant. For top loading trucks or containers the contractor shall provide a back flow prevention assembly on the discharge side of the meter. The backflow prevention assembly shall be in the form of two spring loaded ball check valves. When filling the truck or container there shall be an air gap of at least two times the opening diameter of the truck or container. For bottom loading trucks the contractor shall provide a Reduced Pressure Zone (RPZ) type backflow prevention assembly. All Reduced Pressure Zone type back flow prevention assemblies must be tested, and the test results approved by the City prior to use. The test results shall be sent to the City of Lubbock Water Utilities Department, Meter and Customer Service Supervisor for approval. In accordance with City of Lubbock Ordinance No. 10208 "Pertaining to Backflow Prevention', the City representatives are authorized to suspend water use from a fire hydrant by a contractor until the proper and correct backflow prevention devices are installed. 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 1_ , 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 f y 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 3000 - B 2500 3000 - - C - 2500 3600 600 (28 day) D - - 2500 - E 3000 psi at 24 hours 2.5 CEMENT Cement shall be Type I, Type II, Type 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. 11 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. 7 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 6"x 6"-10 gauge welded wire fabric, or size as indicated on plan sheets. Reinforcing bars shall be open-hearth basic oxygen or electric furnace new billet steel manufactured in accordance with ASTM 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. 9 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. 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: Tyne "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 Tyne "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. 20 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. 21 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. E-, 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-111, 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-lH, 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 STORM SEWER Storm sewer shall include installation of pipe, manholes, inlet structures and outlet structures. Contractor shall use only materials, tools, methods, and equipment considered standard by the pipeline construction industry, and approved by the Engineer. Grade and horizontal alignment shall be maintained using a laser or batter boards. 23 7.2 REINFORCED CONCRETE PIPE Storm sewer shall be constructed using reinforced concrete pipe, either precast or cast in place. The pipe shall conform to the requirements of AASHTO M-170 or ASTM C-76. Pipe shall be Class III unless otherwise noted on plan sheets. 7.3 MORTAR Mortar shall be used for caulking and filling between pipe and drainage structures. Mortar shall be composed of 1 part, by volume, of Portland cement and 2 parts of mortar sand. The Portland cement shall conform to the requirements of ASTM C-150, Type I. The sand shall conform to the requirements of ASTM C-144. Hydrated lime may be added to the mixture of sand and cement in an amount equal to 15% of the weight of cement used. The hydrated lime shall meet the requirements of ASTM C-6. Mortar which has not been used after 45 minutes of having water added shall be discarded. Mortar may not be retempered by having water added. 7.4 PREFORMED BITUMINUS GASKET JOINTS Preformed bituminous gaskets for concrete non -pressure pipe shall conform to the requirements of Fed. Spec. SS-S-00210 (GSA-FSS), and shall be Ram-Nek or approved equal. Gaskets shall be installed in accordance with manufacturer's recommendations and shall form a water -tight joint. 7.5 MANHOLES Manhole barrel, cone and extension sections shall be constructed of precast concrete. A plant inspection may be required for production facility inspection and to review record - keeping for material certification. The manufacturer must provide certification that all materials used for manufacturing meet with the following ASTM Specifications, Aggregates ASTM C-33 Cement ASTM C-150 Sampling Specimens ASTM C-39 Reinforcing ASTM C-185 Sand and Mortar ASTM C-144 24 Precast concrete sections for manholes shall conform to ASTM C-478 specifications. I- Compressive strength test results must verify concrete strengths meet or exceed 4,000 psi. Aggregate shall be crushed limestone and shall conform to ASTM C-33 specifications: Joints, excepting grade rings, shall be tongue and groove or an equivalent male and female type joint as approved by the Engineer. All joints shall be effectively jointed to prevent leakage and infiltration. All connections between wall sections shall be joined with Conseal Joint Sealant or approved equal to provide a watertight manhole. This sealant will be provided by supplier and will be considered an essential part of each shipment. All cones and adjusting rings shall maintain a clear 24" opening. Adjusting rings shall be reinforced with the same percentage of steel as risers and tops and will also meet ASTM C-478 specifications. Adjusting rings, as well as all precast concrete manhole products, ,L- shall be smooth, uniform in size and dimensions, consistent in components throughout and free of voids or honeycombs. All manholes shall be designed to withstand H-20 AASHTO loading. They shall also have lifting holes that do not protrude through manhole wall; one full inch of concrete thickness must remain between lift hole and outside wall of manhole. Manhole barrels shall be assembled of precast riser section. Riser sections and top cone sections shall be placed vertically with tongues and grooves properly keyed. Invert channels shall be smooth and semi -circular in shape conforming to the inside of the adjacent pipe section. Changes in direction of flow shall be made with a smooth curve of as large a radius as the size of the manhole with permit. Changes in size and grade of the channels shall be made gradually and evenly. The invert channels may be formed directly in the concrete of the manhole base or may be half -pipe laid in concrete. The floor of the manhole outside the channel shall be smooth and shall slope toward the channel not less than one inch per foot, nor more than two inches per foot. All connections between the riser or base sections and the sewer pipe shall be joined in such a manner as to make the manholes watertight. Preformed rubber waterstop gaskets cast into the riser or base section are acceptable. Preformed flexible plastic sealing compounds equivalent to "Ram-nek" or "Kent Seal' may be used provided a watertight seal is achieved. Adjusting rings may be used for adjusting the top elevation, except that the total height of the adjusting rings shall not exceed 12 inches at any manhole. Concrete shall be placed around and under the rings to provide a seal and seat the ring at the proper elevation. Each manhole shall have a minimum of 6 inches of grade adjustment. 25 7.6 MANHOLE FRAMES AND COVERS Manhole frames and covers shall be of good quality gray iron casting and conform to ASTM A-48, having a clear opening of not less than 22 inches. The casting shall be designed with a full bearing ring so as to provide a continuous seat between frame and cover. The cover shall be furnished with lifting ring cast into the cover in such manner as to prevent water leaking through. Frame and cover shall have a weight of not less than 275 pounds. The manhole ring and cover shall be Western Iron Works #40 or approved equal. 7.7 CONSTRUCTION METHODS All equipment necessary and required for the proper construction of storm sewers, manholes and culverts shall be on the project, in first-class working condition, and approved by the Engineer before construction is permitted to start. If precast concrete pipe or manhole sections are used, the Contractor shall provide appropriate hoisting equipment to handle the pipe or sections while unloading and placing it in its final position without damage to the pipe. The Contractor shall provide hand tampers and pneumatic tampers to obtain the required compaction of the pipe bed, the manhole bed and the backfill, as specified. 7.8 EXCAVATION The Contractor shall do all excavation to the depth shown on the plans. Where rock, or soil containing rocks or gravel, hard pan or other unyielding foundation material is encountered in trench excavation, the pipe shall be bedded in accordance with the requirements of one of the classes of bedding, and the hard unyielding material shall be excavated below the elevation of the bottom of the pipe or pipe bell to a depth of at least 8 inches or 1/2 inch for each foot of fill over the top of the pipe, whichever is greater, but not more than three -fourths the nominal diameter of the pipe. The cushion shall consist of a fine compressive material, such as silty clay or loam, lightly compacted, and shaped as required for the specified class of bedding. The cost of furnishing and placing the cushion material shall be included in the bid price per linear foot of pipe in place. The bottom of the trench shall be excavated to a horizontal section as far as practicable. Excavated material not required or acceptable for backfill shall be disposed of by the Contractor as directed by the Engineer. Excavation shall not be carried below the required depth; but when it is, the trench shall be backfilled at the Contractor's expense with material approved by the Engineer and compacted to the density of the surrounding earth material as determined by AASHTO T-180. W When directed, unstable soil shall be removed for the full width of the trench and replaced with sand or with approved granular material. The Engineer shall determine the depth of removal of unstable soil and the amount of backfill necessary. The backfill shall be compacted and shaped to a firm but slightly yielding condition to form the bed for the pipe. Grades for pipe shall be as shown on the drawings. No changes in grade will be made unless so directed by the Engineer. The minimum width of the trench at the top of the pipe, when placed, shall be a width which will permit the proper construction of joints and compaction of backfill around the pipe. The sides of the trench shall be vertical, unless otherwise approved by the Engineer. The maximum allowable width of the trench shall not exceed the widths shown below unless otherwise approved by the Engineer. NOMINAL PIPE MINIMUM TRENCH MAXIMUM TRENCH SIZE WIDTH AT SPRINGLINE WIDTH AT TOP OF PIPE Less than 18" Pipe O.D. + 12" Pipe O.D. + 18" 18" thru 36" Pipe O.D. + 18" Pipe O.D. + 24" 37" thru 60" Pipe O.D. + 24" Pipe O.D. + 30" The width of the trench above the top of the pipe may be as wide as necessary for shoring, bracing or proper installation of the pipe. Excavation in paved areas shall be confined to a minimum practical width. The bed for pipe shall be so shaped that at least the lower quarter of the pipe circumference shall be in continuous contact with the bottom of the trench. The excavation for manholes shall be essentially the same as that for the piping. The sides of -the excavation shall be vertical unless otherwise approved by the Engineer. The Contractor shall do such trench bracing, sheathing or shoring necessary to perform and protect the excavation as required for safety and conformance to applicable laws and regulations. The bracing, sheathing, or shoring shall not be removed in one operation but shall be done in successive stages to prevent overloading of the pipe during backfilling operations. The cost of the bracing, sheathing, or shoring and the removal of same, shall be included in the unit price bid per foot for the pipe. Surface water shall be prevented from entering the excavation. Heavy equipment, except for excavating equipment, shall not be operated within 20 feet of the edge of the excavation. Excavated materials shall be stockpiled no closer than 3 feet from the edge of the excavation. 27 7.9 PIPE INSTALLATION The Contractor shall provide the appropriate tools and methods to insure installation of the pipe to line and grade, as shown on the drawings.- The Contractor's facilities for lowering precast pipe into the trench shall be such that neither the pipe nor the trench will be damaged or disturbed. The Engineer shall inspect all precast pipe before it is placed. Any section that is damaged by handling or is defective to a degree which in the opinion of the Engineer will materially affect the function and service of the pipe shall be rejected and removed from the job site. Installing the precast pipe in the finished trench shall be started at the lowest point and is laid upgrade. For tongue and groove precast pipe, the grooved end shall be laid upgrade. The pipe shall be firmly and accurately installed to line and grade so that the invert will be smooth and uniform. The pipe shall be protected from water during placing and until the concrete, in cast -in -place pipe, or the mortar, in the joints of precast or cast in place pipe, has thoroughly set. The contractor shall provide temporary diversions as necessary to prevent surface water flow into the excavation. Pipe shall not be laid or installed on frozen ground. Pipe which is not true in alignment, or which shows any change in grade after laying or installing, shall be taken up and re-laid or re -installed without extra compensation. Mortar shall be used for caulking and filling between the pipe and the drainage structures. Mortar that is not used within 45 minutes after water has been added shall be discarded. Retempering of mortar shall not be permitted. Pipe joints for precast concrete pipe shall be of the tongue and groove type. The joints shall be of a water tight joint. Each joint shall be sealed with a preformed bituminous gasket as specified. The gasket shall be installed as recommended by the pipe manufacturer. Field poured concrete bases shall be at least 12 inches thick and not less than 1 (one) foot greater diameter than the outside diameter of the manhole riser section. Concrete shall be Class A at a minimum 3000 psi 28 day compressive strength. Concrete placement shall conform to ACI and good construction practices. Concrete shall be consolidated and struck -off to a horizontal surface within the forms or pouring rings. Field poured concrete bases shall be reinforced as detailed on the Plans or as shown in the Standard Details. The manhole shall be constructed to ASTM C-891 standards. Precast reinforced concrete bases shall be of the size and shape detailed on the Plans or as shown in the Standard Details. 28 7.10 BACKFILLING All trenches and excavations shall be backfilled as the pipes and manholes are installed, unless otherwise directed by the Engineer. Outside of street right of way the backfill material shall be selected granular material from excavation or borrow; material which is placed at the sides of the pipe and manhole and 1 foot over the top shall be material which can be readily compacted. It shall not contain stones retained on a 2-inch sieve, frozen lumps, chunks of highly plastic clay, or any other material which is objectionable to the Engineer. The Material shall be moistened or dried, if necessary, to be compacted by the method in use. Backfill material shall be approved by the Engineer. The backfill shall be placed in loose layers not to exceed 6 inches in depth along each side of the pipe and manhole. Special care shall be taken to secure thorough compaction under the haunches and at the sides of the pipe and manhole. This backfill shall be brought up evenly on each side of the structure to an elevation of 1 foot over the top of the pipe, or such greater elevation as directed by the Engineer. Backfilling shall be done in a manner to avoid injurious top or side pressures on the pipe and manhole. Backfill shall be compacted to 95% (min.) Standard Proctor Density. Unless otherwise directed by the Engineer or plans, excavation within street right of way shall be backfilled with flowable fill material (2-sacks of cement per cubic yard concrete mix) to 1-1/2 inches below the asphalt surface. The pipe shall be restrained so that during the pour the pipe shall not be displaced. Movement of construction machinery over a culvert, pipeline, or manhole shall be at the Contractor's risk. Any damaged construction shall be removed and replaced at the expense of the Contractor. 7.11 TRENCH PROTECTION Trench excavations not exceeding five feet in depth shall be protected in accordance with applicable OSHA, state, and local requirements. Trench excavations greater than five feet in depth shall be protected in accordance with the following specifications. All work performed under this section shall also comply with OSHA Part 1926, Subpart P and all State and Local codes. The Contractor shall be responsible for complying with all trench safety requirements, the requirements of the specifications, drawings and all applicable codes. 29 Trench protection shall be performed by forces having at least two years experience with similar types of trench safety systems. The manufacturer of prefabricated items used in trench safety systems shall have at least two years of experience in fabricating the items. The contractor shall provide detailed drawings for proposed trench safety systems. The drawings shall identify where each system is proposed for use and type of system to be used. Trench excavations shall not be started until trench safety systems have been submitted and approved by the Engineer. If trench boxes are to be used, the contractor shall submit manufacturer's standard data sheet and certificate of compliance stating the maximum allowable depth for the given design pressure for each type of trench box proposed for use. If alternative systems composed of steel, aluminum, wood or a combination of materials are proposed, the contractor shall submit design data demonstrating the ability of the proposed materials to provide the necessary trench protection. Materials used for trench safety shall be capable of withstanding imposed loads without excessive deflections. Materials shall be clean, free of rust, holes, knots and other defects, and shall conform to the following: Steel — Steel shall be of type and thickness as required and shall have a minimum yield stress of 36 ksi. Aluminum — Type 6061-T6, thickness as required. Wood in Contact with Earth — Pressure treated woods. Wood not in Contact with Earth — Soft or hardwood as required. 8.1 FENCES Unless otherwise indicated on plans, existing fences which must be adjusted or relocated shall be reconstructed using the same or equivalent materials, height, and construction in the proper location. The contractor shall remove existing fence and either store for reuse or legally dispose of the fence materials, whichever is appropriate. New fence construction shall be in accordance with specifications and details included on plan sheets. 30 9.1 SALVAGE OF ASPHALT PAVING All salvage asphalt material shall be broken into pieces not more than 1 inch in size and stockpiled at a location indicated in the plans. Any non -asphaltic materials, such as `I-- flexible base and soil, shall be kept separated from the salvaged asphalt. 10.1 BARRICADES Prior to starting work on any project covered by these specifications, the contractor shall submit a Traffic Control Plan for approval by the Engineer. The contractor shall have the sole responsibility for providing, installing, moving, replacing, maintaining, cleaning, and removing upon completion of work, all traffic control devices. The Traffic Control Plan and devices shall be in compliance with the Texas Manual of Uniform Traffic Control Devices (MUTCD) and the 1993 National Cooperative Highway Research Program Report 350 (NCHRP 350). The Traffic Control Plan approved by the Engineer shall be considered the minimum requirement for the project. The contractor shall provide additional devices as determined to be necessary during the project. If at any time during construction the approved plan does not accomplish the intended purpose, due to weather or other conditions affecting the safe handling of traffic, the contractor shall immediately make necessary changes to correct the unsatisfactory conditions. The contractor shall 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. 31 12.2 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. 12.3 CONCRETE FLAT SLABS - SIDEWALK, DRIVEWAY, ALLEY RETURN, ALLEY PAVING, AND VALLEY GUTTER Measurement will be made of the area, in square feet, of flat slab actually constructed. Flat slabs will be paid for at the unit price bid per square foot for each specific type of slab. Curb on alley returns shall be included in the area measured for the slab and will not be paid as a separate item. The unit price bid shall include furnishing and installing all materials, excavation, filling, backfilling, reinforcement, forming, finishing, joint cutting, joint sealing, and all incidentals necessary to complete the work. 12.4 CURB RAMPS (HANDICAP RAMPS) Measurement will be made of the area, in square feet, of curb ramp actually constructed, excluding top surface area of any retaining wall. Curb ramps will be paid for at the unit price bid per square foot. The unit price bid shall include furnishing and installing all materials, excavation and filling within two feet of the ramp, back filling, reinforcement, forming, finishing, and all incidentals necessary to complete the work. 12.5 CONCRETE DRAINAGE CHANNEL Measurement will be made of the area, in square feet, of drainage channel actually constructed, including top surface area of any retaining wall or curb. Drainage channel will be paid for at the unit price bid per square foot. The unit price bid shall include furnishing and installing all materials, excavation and filling within two feet of the channel, backfilling, reinforcement, forming, finishing, and all incidentals necessary to complete the work. 12.6 RETAINING WALL OR CURB ON DRAINAGE CHANNELS AND CURB RAMPS Measurement will be made of the height from bottom of footing or slab to top of wall, and linear feet of wall or curb actually constructed. Retaining wall or curb will be paid for at the unit price bid per cubic foot. 34 The unit price bid shall include furnishing and installing all materials, excavation, filling, backfilling, reinforcement, forming, finishing, and all incidentals necessary to complete the work. 12.7 CONCRETE MEDIAN Measurement will be made of the area, in square feet, of median actually constructed. Median will be paid for at the unit price bid per square foot. The unit price bid shall include furnishing and installing all materials, excavation, filling, reinforcement, forming, finishing, and all incidentals necessary to complete the work. 12.8 CONCRETE STREET PAVING Measurement will be made of the area, in square yards, of concrete street paving actually constructed. Concrete street paving will be paid for at the unit price bid per square yard. The unit price bid shall include furnishing and installing all materials, excavation, filling, backfilling, reinforcement, forming, finishing, and all incidentals necessary to complete the work. Sawing and sealing of joints shall not be included and will be paid for as a separate bid item. 12.9 SAWING AND SEALING OF JOINTS IN CONCRETE STREET PAVING Measurement will be made of the linear feet of sawed and sealed joints actually constructed. Sawing and sealing of joints will be paid for at the unit price bid per linear foot. The unit price bid shall include furnishing and installing all materials, equipment, sawing, cleaning, seal components, and all incidentals necessary to complete the work. 12.10 STORM SEWER INLET BOX AND MANHOLES Storm sewer inlet boxes and manholes will be paid for at the unit price bid per each. The unit price bid shall include furnishing and installing all materials, excavation, filling (except flowable fill), floor, connection to pipes, reinforcement, forming, finishing, manhole rings and covers, and all incidentals necessary to complete the work. 12.11 HEADWALLS Storm sewer headwalls will be paid for at the unit price bid per each. The unit price bid shall include furnishing and installing all materials, excavation, filling, reinforcement, forming, finishing, grates, and all incidentals necessary to complete the work. 35 12.12 _STORM SEWER PIPE Measurement along the centerline of the pipe will be made of the actual length of pipe constructed, from face of structure to face of structure or to centerline of manhole, and will be paid for at the unit price bid for Storm Sewer. Depth of cut shall be considered to be from the top of the adjacent grade stake to the flowline of the pipe. The unit price bid shall include furnishing and installing all materials, pavement removal, excavation, filling, backfilling with compacted soil where applicable, and all incidentals necessary to complete the work. Flowable fill will be paid for as a separate pay item. 12.13 EXTRA VERTICAL FEET OF MANHOLE The actual constructed manhole will be measured from the top of the base to the top of the ring and cover. Any depth of manhole exceeding 6 feet in depth will be paid for at the unit price bid for extra vertical feet of manhole. The unit price bid shall include furnishing and installing all materials and all incidentals necessary to complete the work. 12.14 CURB AND CUTTER REMOVAL Measurement will be made of the linear feet of curb and gutter actually removed. Payment will be made at the unit price bid per linear foot of curb and gutter removed. The contractor shall ensure that the Engineer has the opportunity to measure the linear feet of curb and gutter prior to removal. If curb and gutter is removed without measurement by the Engineer, no payment will be made for that removal. The unit price bid shall include sawing, hauling, labor and equipment, and legal disposal for removal of the curb and gutter. 12.15 CONCRETE SLAB REMOVAL Measurement will be made of the area in square feet of concrete slab actually removed. Payment will be made at the unit price bid per square foot of concrete slab removed. The contractor shall ensure that the Engineer has the opportunity to measure the area of concrete slab prior to removal. If concrete slab is removed without measurement by the Engineer, no payment will be made for that removal. The unit price bid shall include sawing, breaking, hauling, labor and equipment, and legal disposal for removal of the concrete slab. 36 12.16 2 SACK FLOWABLE FILL Quantities of 2 sack flowable fill will be determined from tickets provided by the drivers of the delivery trucks. Payment will be made at the unit price bid per cubic yard of in place 2 sack flowabie fill. The unit price bid shall include furnishing and placing the material and all incidentals necessary to complete the work. 12.17 ASPHALT PAVING Measurement will be made of the area, in square yards, of asphalt paving actually constructed. Payment will be made at the unit price bid per square yard. The unit price bid shall include furnishing and installing all materials, subgrade preparation, construction of caliche or asphalt stabilized base as specified, excavation, filling, tack and prime coats, HMAC surface, emulsion seal, and all incidentals necessary to complete the work. 12.18 ASPHALT PAVING REPAIR Measurement will be made of the area, in square yards, of in place asphalt paving repair. Payment will be made at the unit price bid per square yard of paving repair. The unit price bid shall include furnishing and placing all asphaltic materials, sawing of existing paving edges, smoothing and preparation of the existing base, flowabie fill if required, tack and prime coats, compaction, and all incidentals necessary to complete the work. 12.19 EXCAVATION AND GRADING (OUTSIDE LIMITS OF CONSTRUCTION) Volume of excavation or fill, in cubic yards, will be determined by average end area method. Payment will be made at the unit price bid per cubic yard of completed excavation or fill. The unit price bid shall include all labor, equipment, and incidentals necessary to excavate or fill the site to the grades established by the Engineer. No separate payment will be made for disposing of excess material. 12.20 DITCH GRADING AND UNPAVED STREET SURFACE GRADING The volume of ditch grading, in cubic yards, will be determined by average end area method. Measurement will be made of the area, in square yards, of completed surface grading of unpaved streets. Payment will be made at the unit price bid per cubic yard of 37 completed ditch grading per cubic yard, or surface grading per square yard. The unit price bid shall include all labor, equipment, and incidentals necessary to grade ditches or surface grade unpaved streets to the grades established by the Engineer. No separate payment will be made for disposing of excess material. 13.1 STANDARD DETAILS Construction shall be in accordance with the following standard details unless otherwise indicated on plans, or directed by the Engineer. The 24 inch curb and gutter details shall be considered to be standard. 30 inch curb and gutter details shall apply only if specifically indicated on plans or bid documents. STREET CROWN ELEVATIONS PAVEMENT WIDTH FINISHED PAVING SURFACE a- CURB FACE TO CURB FACE ABOVE GUTTER 22 feet 0.32 feet 24 feet 0.35 feet 26 feet 0.37 feet 28 feet 0.40 feet IJ 30 feet 0.42 feet 32 feet 0.45 feet 36 feet 0.50 feet 42 feet , 0.57 feet 46 feet 0.62 feet 52 feet 0.69 feet 64 feet 0.85 feet 66 feet 0.86 feet 86 feet 1.14 feet 88 feet 1.15 feet All street paving shall incorporate a centerline crown at the listed elevation unless otherwise indicated on plans, or as directed by the Engineer. The widths listed above refer to the total proposed future full width of street. 38 J STRIP PAVING 2' 24' TYP. 2' 1-1/2" H.M.A.C. surface. 4" Crown ------- t2" Typ, • •� 6" ColiChe base in OCCOrdanCB with spec ificat iOnS. •r • Subgrode in accordance with specifications. RESIDENTIAL / COLLECTOR WIDTH VARIES 6" 1-1/2" H.M.A.C. surface. —� e 6" COI iChe base. TYPE T-1 / T-2 THOROUGHFARES 6" WIDTH VARIES 6" 1-1/2" H.M.A.C. surface. ----I 6" TYPICAL ASPHALT STREET CROSS -SECTIONS PLATE No.11-99 2-a-218 M.E.W. 6-16-99 No Sea l e art, 16 I, TYPICAL 24" CURB AND GUTTER SECTIONS 4„ 6„ �- •�•oV•. 2"R D,v R N Down curb section. 4 � • ' .o.p I, 24 .o•p. 6" 9" R .o.p•v 9„ R a O v•a' o• °.o a •• c . a ,�a �• a .a ,•a•, 'v'p.v .o.D•v 12 " ►T� 12 " M • v �• 24" TYPE "A" ROLLOVER CURB TYPE "B" NOTE: This section may be used for residential'applicotions only. Approval will depend on traffic and drainage considerations. TYPE "C" NOTE: Reinforced gutter section Type "C" will be constructed with three PLATE NO. 24-86(J) No. 3 bars running the entire length of the driveway section and the Revised 3-08-06 MW three horizontal bars will be supported with choirs. on a spacing to give accurate placement. (This section used at driveways only.) 6„ 1 TYPE 3"R Down curb section. 6" • D • �• �_ •via'. 1�---12 " -� • 18 " 911,16" — 53,4, 41'4, I� 1. 9 11,16" 'I. 20 515' NOTE: Contractor my use either of the above sections. �N ` 11 TYPE II C 'v'D 12" 6- 3" 3" 4 .4 .•Q 20 5,16" NOTE: Reinforced gutter section will be constructed with three No. 3 bars running the entire length of the driveway section and the three horizontal bars will be supported with chairs. on a spacing to give accurate placement. TYPICAL 30" CURB AND GUTTER SECTIONS PLATE NO. 24-86(K ) I Revised 3-08-06 MW NOTE RESI 6x6 - 10/10 Wire mesh centered in NOTE: Flowoble fill sholl be DEPTH: 6'- Residential St's. 8'- Collectors d Thoroughfares Compacted Bose. - - - - M�, ll�vse 6x6 - 10/10 Wire mesh centered in SECTION A -A s 10b or fiber reinforcement. Flowoble fill. CONCRETE VALLEY GUTTER DETAIL M.E.U. M. 6-16-99 E.revieetl 5-08-0T PLATE N0. 10-99 2-A-99 ( A ) iv► M. von' i:o•;a. IL N Q 0 > ?A !, Sidewalk ♦ Property Line \ OR \ �y \ \ A i_ cc _ T C IL SECTION A -A No Scale NOTE: M.R. MEADOWS u158. SEALTIGHT SAFE -SEAL 3405. SONNE8ORN SL-1 OR APPROVED EOUIVALENT. l'2 6x6 10/10 wire mesh or fiber reinforcement. TRANSVERSE DUMMY GROOVE N A N JOINT IReQuired at cold joints and every 13 feet of paving.) No Scale TYPICAL ALLEY RETURN NOTE: Curb and putter. fillets and slab to be poured together. 6' Concrete slob with 6x6 10/10 wire mesh o or fiber reinforcement. 4 vex' Dummy contraction joints. i.• o. x 8'• 8 0.20' INVERT 8 6x6 10/10 wire mesh or fiber reinforcement. lip o.Q ae!'. Oummy contraction joint.--\ 2.5'+ 10' — 20' 10' — o e't T.15" .� •�_ _ _ _ .L. 6x6 10/10 wire mesh / or fiber reinforcement. 3,4 Bituminous premolded Exp. Joint. Curb height transitions to 0" at this point. --747119R%W/�1'-- NOTE: This point of alley return to be 6' higher than putter on high side end of radius at street. 2.5_ 1 , 1— 1,2' Bituminous expansion joint. PLAN VIEW Scale: 1' - 5' 2.5' s 5' u No. 6 rebor spaced 6' from edge of slob and 1/,2 from bottom of slob. Locate by means of choirs or plastic stokes (not metal or wood). ei TO BE USED WHEN ALLEY R.O.W. WIDTH is 15'. 9 See also Attachment "A" (olley opron paving) A 5'# SECT ION 8-8 NOTE: CONSTRUCTION OF THIS TYPE IS ALLOWED ONLY WHERE THE EXISTING ALLEY RETURN. ALLEY PAVING OR STREET GUTTER IS IN GOOD No Scale CONDITION AND GRADE AND ALIGNMENT ARE SATISFACTORY. T 1,2 Bituminous e ' VA w expansion joint. • ° CONCRETE ALLEY SLAB. o:o.o EXISTING ALLEY RETURN. ALLEY PAVING OR STREET GUTTER. wire mesh / 6x6 fiber fiber reinforcement. V A �•� /d' — �l Note: All concrete shown to be 3.000 P.S.I. of T days. (Class B) 5% Air ± 1 1/2%. 5.5 sock/C.Y. i (Min). 5.5 gol./C.Y. (Max. Water). 3" Slump mox.), Cn Cn I 10 C; Z LIJ H Q J n_ v M Q I N M.E.M. 3-2S-06 LYL 2 TYPICAL "T" ALLEY INTERSECTION W/ DUMMY CONTRACTION JOINTS 5' 5' M.E.M. 6-16-99 revised 10-1-99 NOTE: M.R. MEADOWS n158. SEALTIGHT SAFE -SEAL 3405. SONNEBORN SL-1 OR APPROVED EQUIVALENT. 6x6 10/10 Mire mesh ' or fiber reinforcement. TRANSVERSE DUMMY GROOVE CONTRACTION JOINT IRequired at cola joints and every 13 feet of paving.: No Scale Gn 0') I 0.1 O Z LLi Q _1 0- DO c M 1 Q I N LK 19 ... :. . .. ,.... .. "v._=`►�+-=4' _.. Min.—-- 6 TOP OF CURB A del:• - ;:a car. n .4 e, a .. °'tr•a ':O. Max. 4' ail aides ►.4 ITypiCal) 'a•p DUYMY GROOVE JOINTS EACH SIOE OF RAMP. MAINTAIN GUTTER°°v' Concrete pavers with FLOWLINE. A�:_s truncated dame surface III d in Color). Placed 'over1' aond cushion s o IMax. ) to 4y4 DGTOOLEDGE. TrP. •••o BITUMINOUS 34 EXPANSION JOINT (FULL DEPTH) LOCATED AS SHOWN. 01 CURB TO RAMP DOWN IN 6' ON BOTH SIDES. A CONCRETE PAVERS WITH TRUNCATED DOME SURFACE. (RED IN COLOR). PLACED OVER 1' SAND CUSHION (MAX.) RAMPS SHALL BE CENTERED IN C.& G. RADIUS TO THE MAXIMUM EXTENT PRACTICABLE. .oIN RADIUS GENERAL NOTESConcrete paver Units shall meet all requirements of ASTM C-936. C-33 and shall be laid in o two by two unit basket wave pattern. unless shown otherwise in the plans. Concrete paver units shall hove truncated domes on the top surface for detectable warning to pedestrians. Truncated domes ,lust COmply with Texas Accessibility Standards. Damles Shall be aligned in the direction of pedestrian travel. ConcretepaverunitCo l Or for the romp ShoII be a Contrasting color that provides a light reflective value that significantly Contrasts with the adjacent surfaces. The Color Of the Concrete paver units may beshown elsewhere in the plans. lAdjacent surfaces include side flares). Concrete paver units shall be saw cut only and any cut unit shoalnot be less than 2S percent of a full unit. A11SlOpes are maximum allowable. The least possible slope that will atiltdroln properly Should be used. Ramp length or grade of approach sidewalks may be adjusted Os directed by the Engineer. Maximmm allowable Cross slope on sidewalk and ramp Surfaces is 2%. All concrete surfaces shall receive a light broom finish unless noted otherwise in the plans. Ramp textures must consist of truncated dome surfaces. Textures ore required to be detectable underfoot. Surfaces that would allow water toaccumulate ore prohibited. Additional information an curb ramp location. design. light reflective value and texture may be found in the current edition of the Texas ACCessibility Standards (TAS) prepared ono administered by the Texas Department of Licensing and Regulation tTOLR). ve\F T ;� I °.e.e o•V.° o P.° h STRAIGHT C. Ge SAME NOTES APPLY AS RADIUS PLAN VIEW AT LEFT. Class A Concrete- sholi Conform to Opp liCGot O Specifications. Concrete Dover with trunCOtec done surface. /I '*-4' Yin. thickness No. 3 rebor min.. placed in 4' Min, thickness center of Glob ono apocetl 1' Sand cushion (Max.) 18' on -center both ways. SECTION 8-8 •-- 4Yin. 5'-6' Min. 6' :...°: +t? SLOPE t7Yll.7 Minimum finished thickness - 4'. 1' Sand Cushion (Max.) No. 3 rebor min.. placed in Bituminous A.. Expansion center of slab antl Spaced joint as required behind curb. 18' on -center both ways. SECTION A —A TYPICAL HANDICAP RAMP PLAN NO SCALE PLATE NO. 24-86(H) Revised 3-08-06 MW