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Home My WebLink AboutResolution - 2009-R0419 - Contract - Allen Butler Construction Inc.- Rebuild Martin Luther King Blvd. - 06_17_2009i Resolution No. 2009-RO419 October 8, 2009 Item No. 5.16 RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the Ci� of Lubbock, Unit Price Construction Contract No. 9178 for the widening of East 16 Street per ITB #09-739-MA, by and between the City of Lubbock and West Texas Paving, Inc. of Lubbock, Texas, and related documents. Said Unit Price Construction Contract is attached hereto and incorporated in this resolution as if fully set forth herein and shall be included in the minutes of the City Council. Passed by the City Council this 8th ATTEST: T I A 0-0.4 :�'y Rebelca Garza, City Secretary APPROVED AS TO CONTENT: AOL &d Marsha Reed, P.E., Chief Operating Officer APPROVED AS TO FORM: ��/ 44-4-� Chad Weaver, Assistant City Attorney vw:ccdocs/RES.Contract-West Texas Paving, Inc. September 24, 2009 day of October , 2009. TOM MARTIN, MAYOR Vo ` OMV QM k Fpryq�'i�y1�RL1 - i ONTRWf'AWARD-DATE; Qi#ober $, 2009, k � i •,tea_ �`�—:. '_"��.� CITY OF LUBBOCK ` PECIFICA"'IONS FOR Widming of East 1 "' Street 1l"8 #0 -7 9-hMA Contract'# 9178 Plans & Speci icatiom may be obtain.v-d Team TRE REPRODUCTION COMPANY Pfione; (80 ) 7 3-7770 z� O lubbeloty ck ..... fi E X A ' City of'Planned Progress "' CITY OF LUBBOCK Lubbock,Texas 1 CITY OF LUBBOCK l INVITATION TO BID •; TITLE: Widening of East 16'h Street ADDRESS: LUBBOCK, TEXAS ITB NUMBER: 09-739-MA Contract # 9178 PROJECT NUMBER: 92184.9240.30000 CONTRACT PREPARED BY: PURCHASING AND CONTRACT MANAGEMENT 3 fame Intentionally Left Blank fi City of Lubbock, TX PURCHASING AND CONTRACT MANAGEMENT Contractor Checklist for ITB # 09-739-MA Before submitting your bid, please ensure you have completed and included the following: �y t I. v Carefully read and understand the plans and specifications and properly complete the BID SUBMITTAL FORM. Bid submittal form MUST be completed in blue or black ink or by typewriter. Signatures must be original, in blue or black ink, and by hand. Amounts shall be written in both words and numerals and in the event of a discrepancy the amounts written in _ words shall govern. Include corporate seal and Secretary's signature. Identify addenda received (if any). Include firm's FEDERAL TAX ID number or Owner's SOCIAL SECURITY number. 2. liiclude BID BOND or CASHIER'S CAR CERTIFIED Cli[--(.'K a.s ,,,our bid surer-\,'. Failure to prm ide a bid surety WILD .result in automatic rejectiotl of' your bid. 3. ✓ Clearly mark the bid number, title, due date and time and your company name and address on the outside of the envelope or container. 4. Ensure your bid is RECEIVED by the City of Lubbock PURCHASING AND CONTRACT MANAGEMENT prior to the deadline. Late bids will not be accepted. �5. V Complete and sign the CITY OF LUBBOCK INSURANCE REQUIREMENT AFFIDAVIT. .--, This must include the signature of the agent or broker. Contractor's signature must be original. 6. Complete and sign the SAFETY RECORD QUESTIONNAIRE. All "YES" responses must be explained in detail and submitted with Bid. l 7. Complete and sign the SUSPENSION AND DEBARMENT CERTIFICATION. Include firm's FEDERAL TAX ID number or Owner's SOCIAL SECURITY number. 8. V Complete and submit the PROPOSED LIST OF SUB -CONTRACTORS. DOCUMENTS REQUIRED WITHIN TWO BUSINESS DAYS AFTER CLOSING { 1. ✓ Complete and submit the FINAL LIST OF SUB -CONTRACTORS. 1., -n FAILURE TO PROVIDE ANY OF THE ABOVE MAY RESULT IN YOUR BID BEING DEEMED NON -RESPONSIVE AND, THEREFORE, NOT FURTHER EVALUATED. PLEASE INCLUDE THIS COMPLETED PAGE AS THE FIRST PAGE OF YOUR BID SUBMITTAL. �, c S i �t A►sy �wG �+• (1jne or Print Compdny Name) 4 Page IntentionatlY Left Blank 1. I 1. 2. L . 3. 4. .; 5. 6 7. 8. 9. 10. 11. 12. INDEX NOTICE TO BIDDERS GENERAL INSTRUCTIONS TO BIDDERS BID SUBMITTAL — (must be submitted by published due date & time) 3-1. UNIT PRICE BID SUBMITTAL FORM 3-2. CITY OF LUBBOCK INSURANCE REQUIREMENT AFFIDAVIT 3-3. SAFETY RECORD QUESTIONNAIRE 3-4. SUSPENSION AND DEBARMENT CERTIFICATION 3-5. PROPOSED LIST OF SUB -CONTRACTORS POST -CLOSING DOCUMENT REQUIREMENTS — (to be submitted no later than two business days after the close date when bids are due.) 4-1. FINAL LIST OF SUB -CONTRACTORS PAYMENT BOND CERTIFICATE OF INSURANCE CONTRACT GENERAL CONDITIONS OF THE AGREEMENT DAVIS BACON WAGE DETERMINATIONS SPECIAL CONDITIONS (IF APPLICABLE) SPECIFICATIONS Page Intentionally Left Blank NOTICE TO BIDDERS ITB #09-739-MA Sealed bids addressed to Marta Alvarez, Purchasing Manager, City of Lubbock, Texas, will be received in the office of the PURCHASING AND CONTRACT MANAGEMENT, City Hall, 1625 13th Street, Room 204, Lubbock, Texas, 79401, until 3:00 P.M. on September 23, 2009, or as changed by the issuance of formal addenda to all planholders, to furnish all labor and materials and perform all work for the construction of the following described project: "09-739-MA - Widening of East 16th Street" After the expiration of the time and date above first written, said sealed bids will be opened in the office of the Purchasing and Contract Management Office and publicly read aloud. It is the sole responsibility of the bidder to ensure that his bid is actually in the office of the PURCHASING AND CONTRACT MANAGEMENT for the City of Lubbock, before the expiration of the date above first written. Bids are due at 3:00 P.M. on September 23, 2009 on and the City of Lubbock City Council will consider the bids on October 20, 2009, at the Municipal Building, 1625 13th Street, Lubbock, Texas, or as soon thereafter as may be reasonably convenient, subject to the right to reject any or all bids and waive any formalities. The successful bidder will be required to furnish a performance bond in accordance with Chapter 2253, Government Code, in the amount of 100% of the total contract price in the event that said contract price exceeds $100,000 and the successful bidder will be required to furnish a payment bond in accordance with Chapter 2253, Government Code, in the amount of 100% of the total contract price in the event that said contract price exceeds $25,000. Said statutory bonds should be issued by a company carrying a current Best Rating of "A" or better. Bidders are required. ,vIhether ar n0t a 1,%ly lent or lied'ormance bond is required, to s«hmit a cashicr's or certified checl: issued by a bank slatislactolv to the City of Lubbock, or a bid bond troll-i a reliable surct�� company, payable x ithout recourse to the ordcr of the Cite of f.ubbocl: in an amount not less than 59�o ol' the total amount of the bid SLINAtfied as a <gtiarantee that bidder Neill enter into a contract and execute all necessary bond: Ofrequired) Within ten (It)) business days after notice of award of the contract to li6nt. FAILURE OF THE BIDDER TO !NCLUDE D1.D SECURITY ANITH THE BID SUDWITTAL SHALL CONSTITUTE A NONRESPONSIVE BID AND RESULT IN DISQUALIFICATION OF HIS. BID SUBMITTAL. It shall be each bidder's sole responsibility to inspect the site of the work and to inform himself regarding all local conditions under which the work is to be done. It shall be understood and agreed that all such factors have been thoroughly investigated and considered in the preparation of the bid submitted. There will be a non -mandatory pre -bid conference September 16, 2009 at 2:00 P.M. in the City Hall , Committee Room 103,1625-13"h Street, Lubbock, Texas. Bidders may view the plans and specifications without charge at The Reproduction Company, 2102 Avenue Q, Lubbock, Texas 79405 or at NvN,,,N,,:-.thereproductioncompany.com. ONE SET OF PLANS AND SPECIFICATIONS MAY BE OBTAINED AT THE CITY'S EXPENSE FROM THE fi---, REPRODUCTION COMPANY WITH A $100 REFUNDABLE DEPOSIT, Phone: (806) 763-7770. Deposit Checks shall be made PAYABLE TO THE CITY OF LUBBOCK, and will be refunded if documents are returned in good condition within Sixty (60) days after the opening of bids. Additional sets of plans and specifications may be obtained at the bidder's expense. t_ i t__ Attention of each bidder is particularly called to the schedule of general prevailing rate of per diem wages included in the contract documents on file in the office of the PURCHASING AND CONTRACT MANAGEMENTr of the City of Lubbock, which document is specifically referred to in this Notice to Bidders. Each bidder's attention is further directed to Texas Government Code, Chapter 2258, Prevailing Wage Rates, and the requirements contained therein concerning the above wage scale and payment by the contractor of the prevailing rates of wages as heretofore established by owner in said wage scale. A The City of Lubbock hereby notifies bidders that in regard to any contract entered into pursuant to this advertisement, minority and women business enterprises shall be afforded equal opportunities to submit bids in response to this invitation and will not be discriminated against on the grounds of race, color, sex, disability, or national origin in consideration for an award. The City of Lubbock does not discriminate against persons with disabilities. City of Lubbock pre -bid T meetings and bid openings are available to all persons regardless of disability. If you require special assistance, please contact the PURCHASING AND CONTRACT MANAGEMENT at (806) 775-2171 or write to Post Office Box 2000, Lubbock, Texas 79457 at least 48 hours in advance of the meeting. - CITY OF LUBBOCK Marta ALVa rez MARTA ALVAREZ PURCHASING AND CONTRACT MANAGEMENT GENERAL INSTRUCTIONS TO BIDDERS Page Intentionally Left Blank 2 GENERAL INSTRUCTIONS TO BIDDERS BID DELIVERY. TIME & DATE 1.1 The City of Lubbock is seeking written and sealed competitive bids to furnish ITB # Widening of East 16`h Street per the attached specifications and contract documents. Sealed bids will be received no later than 3:00 P.M. September 23, 2009 at the office listed below. Any bid received after the date and hour specified will be rejected and returned unopened to the bidder. Each bid and supporting documentation must be in a sealed envelope or container plainly labeled in the lower left-hand corner: "ITB #09-739-MA, Widening of East 16`h Street " and the bid opening date and time. Bidders must also include their company name and address on the outside of the envelope or container. Bids must be addressed to: Marta Alvarez, Purchasing Manager City of Lubbock 1625 13th Street, Room 204 Lubbock, Texas 79401 1.2 Bidders are responsible for making certain bids are delivered to the PURCHASING AND CONTRACT MANAGEMENT. Mailing of a bid does not ensure that the bid will be delivered on time or delivered at all. If bidder does not hand deliver bid, we suggest that he/she use some sort of delivery service that provides a receipt. 1.3 Bids will be accepted in person, by United States Mail, by United Parcel Service, or by private courier service. No bids will be accepted by oral communication, telephone, electronic mail, telegraphic transmission, or telefacsimile transmission. THE CITY WILL NOT ACCEPT FAX BIDS. 1.4 The City of Lubbock reserves the right to postpone the date and time for opening bids through an addendum. PRE -BID MEETING For the purpose of familiarizing bidders with the requirements, answering questions, and issuing addenda as needed for the clarification of the Invitation to Bid (ITB) documents, a non -mandatory pre -bid meeting will be held at September 16, 2009 at 2:00 P.M.. in the City Hall , Committee Room 10 .01625-13'h Street, Lubbock, Texas. 2.1 All persons attending the meeting will be asked to identify themselves and the prospective bidder they represent. 2.2 It is the bidder's responsibility to attend the pre -bid meeting though the meeting is not mandatory. The City will not be responsible for providing information discussed at the pre -bid meeting to bidders who do not attend the pre -bid meeting. ADDENDA & MODIFICATIONS 3.1 Any changes, additions, or clarifications to the ITB are made by ADDENDA information available over the Internet at www.bidsync.com. We strongly suggest that you check for any addenda a minimum of forty-eight hours in advance of the response deadline. BUSINESSES WITHOUT INTERNET ACCESS may use computers available at most public libraries. 3.2 Any bidder in doubt as to the true meaning of any part of the specifications or other documents may request an interpretation thereof from the Purchasing and Contract Management Office. At the request of the bidder, or in the event the Purchasing and Contract Management Office deems the interpretation to be substantive, the interpretation will be made by written addendum issued by the Purchasing and Contract Management Office. Such addenda issued by the Purchasing and Contract Management Office will be available over the Internet at wwN;y.bidsvnc.com and will become part of the bid package having the same binding effect as provisions of the original ITB. NO VERBAL EXPLANATIONS OR 4 6 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 Purchasing and Contract Management Office no later than five (5) calendar days before the bid closing date. 3.3 All addenda, amendments, and interpretations of this solicitation shall be in writing. The City of Lubbock shall not be legally bound by any amendment or interpretation that is not in writing. Only information _ supplied by the City of Lubbock Purchasing and Contract Management Office in writing or in this ITB- should be used in preparing bid responses. All contacts that a bidder may have had before or after receipt of this ITB with any individuals, employees, or representatives of the City and any information that may have been read in any news media or seen or heard in any communication facility regarding this bid should be disregarded in preparing responses. 3 3.4 The City does not assume responsibility for the receipt of any addendum sent to bidders. EXAMINATION OF DOCUMENTS AND REQUIREMENTS 4.1 Each bidder shall carefully examine all ITB documents and thoroughly familiarize itself with all requirements before submitting a bid to ensure that their bid meets the intent of these specifications. 4.2 Before submitting a bid, each bidder shall be responsible for making all investigations and examinations that are necessary to ascertain conditions and requirements affecting the requirements of this Invitation to _. Bid. Failure to make such investigations and examinations shall not relieve the bidder from obligation to i comply, in every detail, with all provisions and requirements of the Invitation to Bid. 4.3 Notices of any discrepancies or omissions in these plans, specifications, or contract documents, shall - be given to the Purchasing and Contract Management Office and a clarification obtained before the bids are received, and if no such notice is received by the Purchasing and Contract Management Officer prior to the opening of bids, then it shall be deemed that the bidder fully understands the work to be included and has provided sufficient sums in its bid to complete the work in accordance with these plans and specifications. If bidder does not notify Purchasing and Contract Management Officer before bidding of any discrepancies or omissions, then it shall be deemed for all purposes that the plans and specifications are sufficient and adequate for completion of the project. It is further agreed that any request for clarification must be submitted no later than five (5) calendar days prior to the opening of bids. a BID PREPARATION COSTS 5.1 Issuance of this ITB does not commit the City of Lubbock, in any way, to pay any costs incurred in the - preparation and submission of a bid. 5.2 The issuance of this ITB does not obligate the City of Lubbock to enter into contract for any services or equipment. 5.3 All costs related to the preparation and submission of a bid shall be paid by the bidder. TRADE SECRETS. CONFIDENTIAL INFORMATION AND THE TEXAS PUBLIC INFORMATION ACT 6.1 If you consider any portion of your bid to be privileged or confidential by statute or judicial decision, including trade secrets and commercial or financial information, clearly identify those portions. 6.2 The City of Lubbock will honor your notations of trade secrets and confidential information and decline to release such information initially, but please note that the final determination of whether a particular portion of your bid is in fact a trade secret or commercial or financial information that may be withheld from public inspection will be made by the Texas Attorney General or a court of competent jurisdiction. In the event a public information request is received for a portion of your bid that you have marked as being confidential information, you will be notified of such request and you will be required to justify your legal position in writing to the Texas Attorney General pursuant to Section 552.305 of the Government Code. In the event that it is determined by opinion or order of the Texas Attorney General or a court of competent jurisdiction that such information is in fact not privileged and confidential under Section 552.110 of the Government Code and Section 252.049 of the Local Government Code, then such information will be made available to the requester. 10 i 6.3 Marking your entire bid CONFIDENTIAL/PROPRIETARY is not in conformance with the Texas Open Records Act. 7 LICENSES PERMITS TAXES The price or prices for the work shall include full compensation for all taxes, permits, etc. that the bidder is or may be required to pay. 8 UTILIZATION OF LOCAL BUSINESS RESOURCES Prospective bidders are strongly encouraged to explore and implement methods for the utilization of local resources, and to outline in their bid submittal how they would utilize local resources. 9 CONFLICT OF INTEREST 9.1 The bidder shall not offer or accept gifts or anything of value nor enter into any business arrangement with any employee, official or agent of the City of Lubbock. -. 9.2 By signing and executing this bid, the bidder certifies and represents to the City the bidder has not offered, conferred or agreed to confer any pecuniary benefit or other thing of value for the receipt of special treatment, advantage, information, recipient's decision, opinion, recommendation, vote or any other exercise of discretion concerning this bid. 10 CONTRACT DOCUMENTS 10.1 All work covered by the contract shall be done in accordance with contract documents described in the General Conditions. 10.2 All bidders shall be thoroughly familiar with all of the requirements set forth on the contract documents for the construction of this project and shall be responsible for the satisfactory completion of all work contemplated by said contract documents. 11 PLANS FOR USE BY BIDDERS It is the intent of the City of Lubbock that all parties with an interest in submitting a bid on the project covered by the contract documents be given a reasonable opportunity to examine the documents and prepare a bid without charge or forfeiture of deposit. The contract documents may be examined without charge as noted in the Notice to Bidders. 12 BIDDER INQUIRIES AND CLARIFICATION OF REQUIREMENTS - 12.1 It is the intent and purpose of the City of Lubbock that this request permit competitive bids. It shall be the bidder's responsibility to advise the Purchasing and Contract Management Officer if any language, requirements, etc., or any combinations thereof, inadvertently restricts or limits the requirements stated in this ITB to a single source. Such notification must be submitted in writing and must be received by the City of Lubbock Purchasing and Contract Management Office no later than five (5) calendar days before the bid closing date. A review of such notifications will be made. 12.2 NO BIDDER SHALL REQUEST ANY INFORMATION VERBALLY. ALL REQUESTS FOR ADDITIONAL INFORMATION OR CLARIFICATION CONCERNING THIS INVITATION TO 1 BID (ITB) MUST BE SUBMITTED IN WRITING NO LATER THAN FIVE (5) CALENDAR DAYS PRIOR TO THE BID CLOSING DATE AND ADDRESSED TO: Marta Alvarez, Purchasing Manager City of Lubbock Purchasing and Contract Management 1625 13'h Street, Room 204 Lubbock, Texas 79401 Fax: 806-775-2164 ]1 i; 13 14 15 Email: malvarez@mylubbock.us Bidsync: www.bidsync.com TIME AND ORDER FOR COMPLETION 13.1 The construction covered by the contract documents shall be substantially completed within FIFTY ONE i V (51) WORKING DAYS from the date specified in the Notice to Proceed issued by the City of Lubbock 1 J to the successful bidder. 13.2 The Contractor will be permitted to prosecute the work in the order of his own choosing, provided, however, the City reserves the right to require the Contractor to submit a progress schedule of the work contemplated by the contract documents. In the event the City requires a progress schedule to be submitted, and it is determined by the City that the progress of the work is not in accordance with the progress schedule so submitted, the City may direct the Contractor to take such action as the City deems w necessary to ensure completion of the project within the time specified. PAYMENT �m All payments due to Contractor shall be made in accordance with the provisions of the General Conditions of the contract documents. AFFIDAVITS OF BILLS PAID + The City of Lubbock reserves the right, prior to final acceptance of this project to require the Contractor to execute an affidavit that all bills for labor, materials and incidentals incurred in the construction of the improvements contemplated by the contract documents have been paid in full and that there are no claims pending, of which the Contractor has been notified. MATERIALS AND WORKMANSHIP 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 12 i Q contained herein, may result in the City of Lubbock availing itself of any of its rights under the law and i! under this Contract including, but not limited to, its right pertaining to termination or default. 17.4 The warranties contained herein are separate and discrete from any other warranties specified in this Contract, and are not subject to any disclaimer of warranty, implied or expressed, or limitation to the Contractor's liability which may be specified in this Contract, its appendices, its schedules, its annexes or any document incorporated in this Contract by reference. 18 PLANS FOR THE CONTRACTOR The contractor will, upon written request, be furnished up to ten sets of plans and specifications and related contract documents for use during construction. Plans and specifications for use during construction will only be furnished directly to the Contractor. The Contractor shall then distribute copies of plans and specifications to suppliers, subcontractors or others, as required for proper prosecution of the work contemplated by the Contractor. 19 PROTECTION OF THE WORK The Contractor shall be responsible for the care, preservation, conservation, and protection of all materials, supplies, machinery, equipment, tools, apparatus, accessories, facilities, and all means of construction, and any and all parts of the work whether the Contractor has been paid, partially paid, or not paid for such work, until the date the City issues its certificate. of completion to Contractor. The City reserves the right, after the bids have been opened and before the contract has been awarded, to require of a bidder the following information: (a) The experience record of the bidder showing completed jobs of a similar nature to the one covered by the intended contract and all work in progress with bond amounts and percentage completed. (b) A sworn statement of the current financial condition of the bidder. (c) Equipment schedule. 20 TEXAS STATE SALES TAX 20.1 This contract is issued by an organization which qualifies for exemption provisions pursuant to provisions of Article 20.04 of the Texas Limited Sales, Excise and Use Tax Act. 20.2 The Contractor must obtain a limited sales, excise and use tax permit which shall enable him to buy the materials to be incorporated into the work without paying the tax at the time of purchase. 21 PROTECTION OF SUBSURFACE LINES AND STRUCTURES It shall be the Contractor's responsibility to prosecute the work contemplated by the contract documents in such a way as to exercise due care to locate and prevent damage to all underground pipelines, utility lines, conduits or other underground structures which might or could be damaged by Contractor during the construction of the project contemplated by these contract documents. The City of Lubbock agrees that it will furnish Contractor the location of all such underground lines and utilities of which it has knowledge. However, such fact shall not f 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 1 shall take such other precautionary measures for the protection of persons, property and the work as may be g-) necessary. The Contractor will be held responsible for all damage to the work due to failure of barricades, signs, and lights to protect it, and when damage is incurred, the damaged portion shall be immediately removed and replaced by Contractor at his own cost and expense. The Contractor's responsibility for maintenance of barricades, signs, and lights shall not cease until the date of issuance to Contractor of City's certificate of acceptance of the project. 23 EXPLOSIVES 13 I' (d : 24 25 26 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 r I 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 I 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. CONTRACTOR'S REPRESENTATIVE i. The successful bidder shall be required to have a responsible local representative available at all times while the work is in progress under this contract. The successful bidder shall be required to furnish the name, address and telephone number where such local representative may be reached during the time that the work contemplated by this contract is in progress. -1 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 I 1_. FORM OF A CERTIFICATE OF INSURANCE. THE INSURANCE CERTIFICATES FURNISHED SHALL NAME THE CITY OF LUBBOCK AS A PRIMARY ADDITIONAL INSURED AND PROVIDE A WAIVER OF SUBROGATION IN FAVOR OF THE CITY OF LUBBOCK AS REQUIRED BELOW, OR IN THE ALTERNATIVE, SHALL BE ACCOMPANIED BY A STATEMENT FROM THE CONTRACTOR TO THE EFFECT THAT NO WORK ON THIS PARTICULAR PROJECT SHALL BE SUBCONTRACTED. IT SHALL s BE THE CONTRACTOR'S RESPONSIBILITY TO PROVIDE TO THE OWNER ALL PROOF - OF COVERAGE INSURANCE DOCUMENTS INCLUDING WORKERS COMPENSATION COVERAGE FOR EACH SUBCONTRACTOR 1 LABOR AND WORKING HOURS 26.1 Attention of each bidder is particularly called to the schedule of general prevailing rate of per diem wages f 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 bidders' attention is further directed to the requirements of Texas Government Code, Chapter 2258, Prevailing Wage Rates providing for the payment of the wage schedules above mentioned and the bidder's obligations thereunder. The inclusion of the schedule of general prevailing rate of per diem _ 14 t3 -, wages in the contract documents does not release the Contractor from compliance with any wage law that may be applicable. Construction work under the contract requiring an inspector shall not be performed on weekends or holidays unless the following conditions exist: 26.1.1 The project being constructed is essential to the City of Lubbock's ability to provide the necessary service to its citizens. 26.1.2 Delays in construction are due to factors outside the control of the Contractor. The Contractor is approaching the penalty provisions of the contract and Contractor can show he has made a diligent effort to complete the contract within the allotted time. 26.2 Before construction work requiring an inspector is to be performed on weekends or holidays, the Contractor must notify the Owner's Representative not less than three full working days prior to the weekend or holiday he desires to do work and obtain written permission from the Owner's Representative to do such work. The final decision on whether to allow construction work requiring an inspector on weekends or holidays will be made by the Owner's Representative. 26.3 In any event, if a condition should occur or arise at the site of this project or from the work being done under this contract which is hazardous or dangerous to property or life, the Contractor shall immediately commence work, regardless of the day of the week or the time of day, to correct or alleviate such condition so that it is no longer dangerous to property or life. 27 PAYMENT OF EMPLOYEES AND FILING OF PAYROLLS The contractor and each of his subcontractors shall pay each of his employees engaged in work on the project under this contract in full (less mandatory legal deductions) in cash, or by check readily cashable without discount, not less often than once each week. The Contractor and each of his subcontractors engaged at the site of the work shall not later than the seventh day following the payment of wages, file with the Owner's Representative, or Engineer, a certified, sworn, legible copy of such payroll. This shall contain the name of each employee, his classification, the number of hours worked on each day, rate of pay, and net pay. The affidavit shall state that the copy is a true and correct copy of such payroll, that no rebates or deductions (except as shown) have been made, or will in the future be made from the wages paid as shown thereon. The Contractor must classify employees according to one of the classifications set forth in the schedule of general prevailing rate of per l , 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 1 wages assigned to his particular classification as set forth in the schedule of general prevailing rate of per diem wages included in these contract documents. 28 PROVISIONS CONCERNING ESCALATION CLAUSES -~ Bids submitted containing any conditions which provide for changes in the stated bid price due to increases or decreases in the cost of materials, labor or other items required for the project will be rejected and returned to the bidder without being considered. 29 PREPARATION FOR BID 29.1 The bidder shall submit his bid on forms furnished by the City. All blank spaces in the form shall be a correctly filled in and the bidder shall state the price both in words and numerals, for which he intends to do the work contemplated or furnish the materials required. Such prices shall be written in ink, distinctly and legibly, or typewritten. In case of discrepancy between the price written in words and the price I written in figures, the price written in words shall govern. 29.2 If the bid is submitted by an individual, his name must be signed by him or his duly authorized agent. If a bid is submitted by a firm, association, or partnership, the name and address of each member must be _ given and the bid signed by a member of the firm, association or partnership, or person duly authorized. If the bid is submitted by a company or corporation, the company or corporate name and business address must be given, and the bid signed by an official or duly authorized agent. Powers of attorney authorizing agents or others to sign bids must be properly certified and must be in writing and submitted with the bid. The bid shall be executed in ink. 15 30 31 29.3 Each bid shall be enclosed in a sealed envelope, addressed as specified in the Notice to Bidders, and endorsed on the outside of the envelope in the following manner: 29.3.1 Bidder's name 29.3.2 Bid for ITB# 09-739-MA - Widening of East 16`6 Street 29.4 Bid submittals may be withdrawn and resubmitted at any time before the time set for opening of the bids, but no bid may be withdrawn or altered thereafter. 29.5 Pursuant to Texas Local Government Code 252.043(g), a competitive sealed bid that has been opened may not be changed for the purpose of correcting an error in the bid price. THEREFORE, ANY CORRECTIONS TO THE BID PRICE MUST BE MADE ON THE BID SUBMITTAL FORM PRIOR TO BID OPENING. BOUND COPY OF CONTRACT DOCUMENTS Bidder understands and agrees that the contract to be executed by bidder shall be bound and will include the following: (a) Notice to Bidders. (b) General Instructions to Bidders. (c) Bidder's Submittal. (d) Statutory Bonds (if required). (e) Contract Agreement. (f) General Conditions. (g) Special Conditions (if any). (h) Specifications. (i) Insurance Certificates for Contractor and all Sub -Contractors. 0) All other documents made available to bidder for his inspection in accordance with the Notice to Bidders. If Plans and Specifications are too bulky or cumbersome to be physically bound, they are to be considered incorporated by reference into the aforementioned contract documents. QUALIFICATIONS OF BIDDERS The bidder may be required before the award of any contract to show to the complete satisfaction of the City of Lubbock that it has the necessary facilities, ability, and financial resources to provide the service specified therein in a satisfactory manner. The bidder may also be required to give a past history and references in order to satisfy the City of Lubbock about the bidder's qualifications. The City of Lubbock may make reasonable investigations deemed necessary and proper to determine the ability of the bidder to perform the work, and the bidder shall furnish to the City of Lubbock all information for this purpose that may be requested. The bidder's bid may be deemed not to meet specifications or the bid may be rejected if the evidence submitted by, or investigation of, the bidder fails to satisfy the City of Lubbock that the bidder is properly qualified to carry out the obligations of the contract and to complete the work described therein. Evaluation of the bidder's qualifications shall include: (a) The ability, capacity, skill, and financial resources to perform the work or provide the service required. (b) The ability of the bidder to perform the work or provide the service promptly or within the time specified, without delay or interference. (c) The character, integrity, reputation, judgment, experience, and efficiency of the bidder. (d) The quality of performance of previous contracts or services. (e) The safety record of the Contractor and proposed Sub -Contractors Before contract award, the recommended contractor for this project may be required to show that he has experience with similar projects that require the Contractor to plan his work efforts and equipment needs with City of Lubbock specifications in mind. Demonstration of experience shall include a complete list of ALL similar municipal and similar non -municipal current and completed projects for the past three (3) years for review. This 16 1 f '! list shall include the names of supervisors and type of equipment used to perform work on these projects. In addition, the Contractor may be required to provide the name(s) of supervisor(s) that will be used to perform work on this project in compliance with City of Lubbock specifications herein. 32 BID AWARD 32.1 The City of Lubbock reserves the right to reject any or all bids, reject any particular item on a bid, and to waive immaterial formalities and to accept the offer most advantageous to the City of Lubbock in its sole discretion. Unless otherwise specified herein, the City shall award the bid based on the total bid for Bid Items _1 through 14 plus the sum of any Alternate Bids or Options the City may select. 32.2 All bids are evaluated for compliance with specifications before the bid price is considered. Response to specifications is primary in determining the best low bid. Failure to comply with the specifications may result in disqualification of the bid. 32.3 In case of tie bids, preference will be given to local bidders. Consistent and continued tie bidding may be cause for rejection of bids by the City of Lubbock and/or investigation by the Attorney General to determine possible Anti -Trust violations. 32.4 Before the City may award a bid to a nonresident bidder, the nonresident bidder's bid must be lower than lowest bid submitted by a responsible Texas bidder by the same margin or amount that a Texas bidder would be required to underbid the nonresident bidder in the nonresident bidders' home state. 32.5 Any contract made, or purchase order issued, as a result of this Invitation to Bid, shall be entered into the State of Texas and under the laws of the State of Texas. In connection with the performance of work, the Bidder agrees to comply with the Fair Labor Standard Act, Equal Opportunity Employment Act, and all other applicable Federal, State, and Local laws, regulations, and executive orders to the extent that the same may be applicable. 32.6 NO INDIVIDUAL OF ANY USING DEPARTMENT HAS THE AUTHORITY TO LEGALLY AND/OR FINANCIALLY COMMIT THE CITY TO ANY CONTRACT, AGREEMENT OR PURCHASE ORDER FOR GOODS OR SERVICES, UNLESS SPECIFICALLY SANCTIONED BY THE REQUIREMENTS OF THIS INVITATION TO BID. 33 ANTI -LOBBYING PROVISION 33.1 DURING THE PERIOD BETWEEN THE BID CLOSE DATE AND THE CONTRACT AWARD, BIDDERS, INCLUDING THEIR AGENTS AND REPRESENTATIVES, SHALL NOT DIRECTLY DISCUSS OR PROMOTE THEIR BID WITH ANY MEMBER OF THE LUBBOCK CITY COUNCIL OR CITY STAFF EXCEPT IN THE COURSE OF CITY - SPONSORED INQUIRIES, BRIEFINGS, INTERVIEWS, OR PRESENTATIONS, UNLESS REQUESTED BY THE CITY. 33.2 This provision is not meant to preclude bidders from discussing other matters with City Council members or City staff. This policy is intended to create a level playing field for all potential bidders, assure that contract decisions are made in public, and to protect the integrity of the bid process. Violation of this provision may result in rejection of the bidder's bid. ,_. 34 PREVAILING WAGE RATES 34.1 Bidders are required to comply with Texas Government Code, Chapter 2258, Prevailing Wage Rates, with respect to the payment of prevailing wage rates for the construction of a public work, including a building, highway, road, excavation, and repair work or other project development or improvement, paid for in whole or in part from public funds, without regard to whether the work is done under public supervision or direction. A worker is employed on a public work if the 17 worker is employed by the contractor or any subcontractor in the execution of the contract for the project. 34.2 A worker employed on a public work by or on behalf of the City of Lubbock shall be paid not less than the general prevailing rate of per diem wages for the work of a similar character in the locality in which the work is performed, and not less than the general prevailing rate of per diem wages for legal holiday and overtime work. 34.3 The State of Texas has adopted the Federal Davis -Bacon wage rates for use in Texas pursuant to and in accordance with the Texas Government Code, Section 2258.022. Bidders may access the U. S. Department of Labor web site at the following web address to obtain the rates to be used in Lubbock County: http://,%-w-w.gpo.gov/davisbacon,/allstates.litiiii 34.4 It shall be the responsibility of the successful bidder to obtain the proper wage rates from the web site for the type of work defined in the bid specifications. 34.5 A contractor or subcontractor who violates Texas Government Code Section 2258.023 shall pay to the City of Lubbock $60 for each worker employed for each calendar day or part of the day that the worker is paid less than the wage rates stipulated in the'contract. 18 BID SUBNHTTAL FORM Page IntentionaRy Left Blank Western Surety Company BID BOND Bond No. 092309 KNOW ALL MEN BY THESE PRESENTS, that we, West Texas Paving, Inc., as Principal (hereinafter called the "Principal"), and Western Surety Company, P.O. Box 5077, Sioux Falls, SD 57117-5077(hereinafter called the "Surety"), are held and firmly bound unto City of Lubbock, as Obligee, (hereinafter called the "Obligee"), in the sum of 5% of the amount of the bid described below but not to exceed Twenty -Five Thousand Dollars ($25,000) for the payment of which sum well and truly to be made, the said Principal and the said Surety, bind ourselves, our heirs, executors, administrators, successors and assigns firmly by these presents. WHEREAS, the Principal has submitted a bid to Obligee for Asphalt Street Paving_ NOW, THEREFORE, If the contract be timely awarded to the Principal and the Principal shall enter into a contract with the Obligee in accordance with the terms of such bid or, in the event of ' the failure of the Principal to enter into such a contract, if the Principal shall pay to the Obligee the difference not to exceed the penalty hereof between the amount specified in said bid and the next low bid received by the Obligee for the work covered by Principal's bid, then this obligation shall be null and void, otherwise to remain in full force and effect. PROVIDED, HOWEVER, neither Principal nor Surety shall be bound hereunder unless Obligee prior to execution of the final contract shall furnish evidence in a manner and form acceptable to Principal and Surety that financing has been firmly committed to cover the entire cost of the project. SIGNED, sealed and dated this 23rd day of Sept., 2009. West Texas Paving, Inc. Principal r Title Western urety Company By Robert E. Blackburn Attorney -in -Fact Page Intentionally Left Blank � Western Surety Company POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY -IN -FACT Know All Men By These Presents,'I'hat WESTERN SURETY COMPANY, a South Dakota corporation, is a duly organized and existing corporation having its principal office in the City of Sioux Falls, and State of South Dakota, and that it does by virtue of the signature and seal herein affixed hereby make, constitute and appoint Shelia Terry, Cindy Ash, David A. Lon -house, Robert A. Johnson, Cagan Morgan, Robert E. Blackburn, Wayne K. Justice, Benjamin R. Burge, Individually of Dallas, TX, its true and lawful Attorneys) -in -Fact with full power and authority hereby conferred to sign, seal and execute for and on its behalf bonds, undertakings and other Obligatory instruments of similar nature - In Unlimited Amounts - and to bind it thereby as fully and to the same extent as if such instruments were signed by a duly authorized officer of the corporation and all the act,; of said Attorney, pursuant to the authority hereby given, are hereby ratified and confirmed. This Power of Attorney is made and executed pursuant to and by authority of the By -Law printed on the reverse hereof, duly adopted, as indicated, by the shareholders of the corporation. In Witness Whereof, WESTERN SURETY COMPANY has caused these presents to be signed by its Senior Vice President and its corporate seal to be hereto affixed on this I8th day of August, 2008. �Rrw, WESTERN SURETY COMPANY r yQ? Q,pOq?'c��loi =w140 �rPta; „ OU 01 ""ATµ °pw^`r Paul " . Brutlat, Senior Vicc Presidcnt State ol'South Dakota > SS County of Minnchaha J` On this 18th day of August, ZOOS, before me personally came Paul T. Bruflat, to me known, who, being by me duly sworn, did depose and say: that he resides in tltc City of Sioux Falls, State o1' South Dakota; that he is the Senior Vice President of WESTERN SURETY COMPANY described in and which executed the above instrument; that he knows the seal of said corporation; that the seal affixed to the said instrument is such corporate seal; that it was so affixed pursuant to authority given by the Board of Directors of said corporation and that he signed his name thereto pursuant to like authority, and acknowledges same to be the act and deed of said corporation. My commission expires + J D. KRELL s November 30, 2012 i sEAL NOTARY PUBLIC SE Lt Jr' J�SOUTH DAKOTA��r, _. +.•..•....•. •... •..•. �.aahtie�. �. �.5a�.aa5 + D. Krell, Notary Public CERTIFICATE s I• L.. Nelson, Assistant Secretary of WESTERN SURETY COMPANY do hereby certify that the Potter of Attorney hercinabove set forth is still in lixce, and lurthcr certify that the By -Litt of the corporation print e my d on the reverse hereof is still in force. In testimony whereof I have hereunto subscribed name and affixed the seal of the said corporation this ; 3' d day of SL P •, 10O -9 WESTERN SURETY COMPANY L. Nelson, Assistant Secretary Montt I°4280-09-06 - s a ; Page Intentionally Left Blank BID SUBMITTAL FORM UNIT PRICE BID CONTRACT DATE: T . 3. e2 0 D Q PROJECT NUMBER::.#09-739-MA - Widening of East 161h Street Bid of r1W& 1Nc- (hereinafter called Bidder) To the Honorable Mayor and City Council City of Lubbock, Texas (hereinafter called Owner) Ladies and Gentlemen: The Bidder, in compliance with your Invitatign to Bid for the construction of a Wideninst of East 161h Street, having carefully examined the. plans, specifications, instructions to. -'bidders,: notice .to bidders and. all' other related contract documents and the site of the intended work, and being familiar with all of the conditions surrounding the construction of the intended project including the availability of materials and labor, hereby intends to furnish all labor, materials, and supplies; and to construct the project in accordance with the plans, specifications and contract documents, within the time set forth therein and at the price stated below. The bidder binds himself on acceptance of his bid to execute a contract and any required bonds, according to the accompanying forms, for performing and completing the said work within the time stated and for the prices stated below. ` (Payment will be for actual quantities constructed). BASE BID: Item Units and Item Unit Total No. Ouantity Description Price 4 Amount 1. 8236 SY Standard City of Lubbock asphalt paving, Type "D", including 1 t/z" HMAC, 6" caliche base, and all subgrade preparation to include all necessary removal and _ salvaging of existing asphalt surface (caliche base to be reused for fill) including haul to City of Lubbock stockpile, and all necessary incidentals to complete the work, furnished and installed, complete and in -place; per square yard' TOTAL ITEM #1:Nl� 4 104'wtS $ /SY /3/5� / ) (Unit Price Amounts shall be shown in both words and numerals. Inc se of discrepancy, the amount shown in words shall ern.) 2. 4523 LF Standard 24" curb�'and gutter and'24" sawtooth curb and gutter,'City of Lubbock Class A concrete, including all subgrade preparation and jointing, and all necessary incidentals to complete the work, furnished and installed, complete and in -place, per linear foot. � so TOTAL ITEM #2: «yE/y J1 D1� AIZJ *-,Cl'T.11 r�K s $ lLF( / ) (Unit Price Amounts shall be shown in both words and numerals. I case of discrepancy, the amount shown in words shall 3. 111 SY 6" Portland cement concrete paving, City of Lubbock Class B concrete, used in fillets and valley gutters, including, all subgrade preparation, curbing, reinforcement 'ointin and sealing, and all'necessa- r incidentals to complete the work jointing g, y p , furnished an4 installed, complete and in -place, per square yard. TOTAL ITEM #3: , 5:Z Y'L N Five 0 0 "A$5 $ 4 P_ /SY Sr } (Unit Price Amounts shall be hown in both words and numerals. In case of discrepancy, the amount shown in words sh ll govern.) 20 t 4. 35 SY 6" Portland cement concrete paving, City of Lubbock Class B concrete, used in standard City of Lubbock alley returns, including all subgrade preparation, curbing, reinforcement, jointing and sealing, and all necessary Incidentals to complete the work, furnished and installed, complete and in' -place, per square yard: tp TOTAL ITEM 44: .S/}(� 1�/ FIVE(��LI.��Q-12,.5 $ � 'r. /SY( 2 76 - ) (Unit Price Amounts shall be s wn in both words and numerals. In case of discrepancy, the.amount shown in words shall govern.) 5. 1 EA Drainage Apron, City of Lubbock Class A concrete, including all subgrade preparation, curbing, reinforcement, jointing and sealing, and all necessary incidentals to complete the work, furnished and installed, complete and in -place, per each. TOTAL ITEM 45: TLVELd0 A404DAAD 6a L`-/KS $,Roo /EA( (Unit Price Amounts shall be shown in both words and numerals. In case of discrepancy, the amount shown in words shall govern.) 6. 12 SY 4" Portland cement concrete paving, City of Lubbock Class A concrete, used in standard City of Lubbock driveways, sidewalk and riprap, including all subgrade preparation, curbing, reinforcement, jointing and sealing, and all necessary incidentals to complete the work, furnished and installed, complete and in -place, per square yard. TOTAL ITEM #6: (Unit Price Amounts in both words and numerals. In case of discrepancy, the amount shown in words shall govern.) 7. 20 CY Two -sack cement flowable fill to be used as directed by engineer furnished and installed, per cubic yard. TOTAL ITEM #7: / jr:�'_rV " �¢9)Z>" AfLJ $ S � /CY( 16 AD +� (Unit Price Amounts shall be shown in bath <Lords and numerals. In case of discrepancy, the amount shown in words shalllgov 8. 6 EA Water valves adjustment, complete and in -place, per each valve deemed necessary for relocation by representative designated by engineer. TOTAL ITEM 48: �f Ieed / ( GINA &" bob- ,+&S $ 15 00 /EA( I a UU ) (Unit Price Amounts shall be shown in both words and numerals. In case of discrepancy, the amount shown in words shallovern.) 9. 5 EA Manhole adjustment, complete and in -place, per each manhole deemed necessary for relocation by representative designated by engineer... lro TOTAL ITEM #9: -hAJA L✓d h-t/ND 99.0 ot4,& $ D— /EA fl DD _) (Unit Price Amounts shall be shown in both words and numerals. In case -of discrepancy, the amount shown in words shall govern.) 10. 20 SY Remove and legally dispose of existing concrete slabs, including fillets and valley gutters,.existing driveways, sidewalks, and alley approache$,including integral curbing, steel, sawing, -and all necessary -incidentals fo•complette-the work, complete, and in place, per square yard. TOTAL ITEM # 10: 71-W O N -Al d a L L..Ato $ o" /SY( ADD (Unit Price Amounts shall be shown in 146th words and numerals_ In case of discrepancy, the amount shown in words shall govern.) 11. 5 EA Remove and legally dispose of existing trees, including sawing,' pulling, backfill, 21 �i TOTAL ITEM 11: (Unit Price Amounts and all necessary incidentals to complete the work, �V E I-low1tfl ." /EA be shown in both words and num als. In case of discrepancy, the amount shown in words govern.) tr 12. 2 EA Remove and replace existing mailbox in accordance with ITEM 560 MAILBOX ASSEMBLIES in TXDOT Standard Specifications, including removal, relocations, '. mailbox assembly, and all necessary incidentals to complete the work. a+ w TOTAL ITEM #12: ZMOFE NkM0,494 boG1.44 $3 aD /EA (Unit Price Amounts shall be shown in both words and numerals. In case of discrepancy, the amount shown in words sha 1 govem.) 13. 3 Months Traffic Control, including temporary barricades, signage, traffic handling and other traffic control devices, furnished and installed, complete and in -place, per month. r , r a� TOTAL ITEM #13: /r7ee J R41NIQ OD1. $ �,5"�d� /MO( (Unit Price Amounts shall be shown in both words and numerals. In case of discrepancy, the amount shown in words shall govern.) 14. 1 LS Storm Water Pollution Prevention Plan, including Storm Water Review application Storm Water Pollution Prevention Plan, filing Notice of Intent/termination forms, inspections, record keeping, maintenance, silt fences, hay bales, sand bags, diversion swales and any other measures and/or incidentals required for compliance with TPDES permit. TOTALITEM#14: Iwu2 f �fPUYANP bbLC,A" 4 //a� $y0D0 /LS( 4 00 ) (Unit Price Amounts shall be shown in both words and numerals. In case of discrepancy, the amount shown in words sh l govern.) BASE BID (ITEMS 1 THROUGH 14 INCLUSIVE) T2vo H'V kb A9*0 ENO 71f'lRT�rrN rootwMA) 7 � ) D Q' TOTAL BID: ��> I�fGtN�/LiD�f rNjA "N /6h>tOoLc.OtAs 4 7�� $ 3 (Unit Price Amounts shall be shown in both words and numerals. In case of discrepancy, the amount shown in words shall gov .) " MA r1jo- a;� 22 Bidder hereby agrees to commence the work on the above project on a date to be specified in a written "Notice to Proceed" of the Owner and to substantially complete the project within 51 FIFTY ONE WORKING DAYS thereafter as stipulated in the specifications and other contract documents. Bidder hereby further agrees to pay to Owner as liquidated damages the sum of $ 96 (NINETY SIX) each WORING DAY in excess of the time set forth herein above for completion of this project, all as more fully set forth in the general conditions of the contract documents Bidder understands and agrees that this bid submittal shall be completed and submitted in accordance with instruction number 28 of the General Instructions to Bidders. Bidder understands that the Owner reserves the right to reject any or all bids and to waive any formality in the bidding. The Bidder agrees that this bid shall be good and may not be withdrawn for a period of thirty (30) calendar days after the scheduled closing time for receiving bids. The undersigned Bidder hereby declares that he has visited the site of the work and has carefully examined the plans, specifications and contract documents pertaining to the work covered by this bid, and he further agrees to commence work on or before the date specified in the written notice to proceed, and to substantially complete the work on which he has bid; as provided in the contract documents. Bidders are required, whether or not a payment or performance bond is required, to submit a cashier's check or certified check issued by a bank satisfactory to the City of Lubbock, or a bid bond from a reliable surety company, payable without recourse to the order of the City of Lubbock in an amount not less than five percent (5%) of the total amount of the bid submitted as a guarantee that bidder will enter into a contract, obtain all required insurance policies, and execute all necessary bonds (if required) within ten (10) business days after notice of award of the contract to him. Bidder's Initials 23 Enclosed with this bid 'ne Check or Certified Check for Dollars ($ ) or a in the sum of Dollars ($ ), which it is agreellected and retained by the Owner as liquidated damages in the event the bid is accepted by the Owner and the undersigned fails to execute the necessary contract documents, insurance certificates, and the required bond (if any) with the Owner within ten (10) business days after the date of receipt of written notification of acceptance of said bid; otherwise, said check or bond shall be returned to the undersigned upon demand. Bidder understands and agrees that the contract to be executed by Bidder shall be bound and include all contract documents made available to him for his inspection in accordance with the Notice to Bidders. Pursuant to Texas Local Government Code 252.043(a), a competitive sealed bid that has been opened may not be changed for the purpose of correcting an error in the bid price. THEREFORE, ANY CORRECTIONS TO THE BID PRICE MUST BE MADE ON THE BID SUBMITTAL FORM PRIOR TO BID OPENING. (Seal if Bidder is a Corporation) ATTEST:. A Setretary U I _ Bidder acknowledges receipt of the following addenda: Addenda No. Date Addenda No. Date Addenda No. Date Addenda No. Date M/WBE Firm: Vf Woman Black Ameri( 'I Hisaanic American I Asian Pacific 3 2 A (Printed or T)Yed Name) Wes -r *_$ &v;J6. 1AC Co(-"y6. 4Yr*S7 Ad ress —$t3vrl�a 6e itv— County 7! 7ftfvy _ State tip Code Telephone: Fax: K C t - el I- Xrs o FEDERAL TAX ID or SOCIAL SECURITY No. Native American 24 CITY OF LUBBOCK INSURANCE REQUIREMENT AFFIDAVIT { To Be Completed by Bidder and Agent Must be submitted with Bid I, the undersigned Bidder, certify that the insurance requirements contained in this bid document have been reviewed by me with the below identified Insurance Agent/Broker. If I am awarded this contract by the City of Lubbock, I will be able to, within ten (10) business days after being notified of such award by the City of Lubbock, furnish a valid insurance - certificate to the City meeting all of the requirements defined in this bid. C tr for (Ori Signatu e) CONTRACTOR'S FIRM NAME: '6s T (Print or Type) CONTRACTOR'S FIRM ADDRESS: Contractor (Print) r�r Name ofAgent/Broker: _.t� G{/L,eM► e Agent / Broker (Signature) Address of Agent/Broker: (� 3C� �/ p�,�y✓.� City/State/Zip: 4460pe-k Agent/Broker Telephone Number: Date: ,C/W i NOTE TO CONTRACTOR If the time requirement specified above is not met, the City has the right to reject this bid and award the contract to another contractor. If you have any questions concerning these requirements, please contact the Purchasing and Contract Management Officer for the City of Lubbock at (806) 775-2163. BID # 09-739-MA - Widening of East 16`6 Street SAFETY RECORD QUESTIONNAIRE ' The City of Lubbock City Council desires to avail itself of the benefits of Section 252.0435 of the Local Government Code, and consider the safety records of potential contractors prior to awarding bids on City contracts. Pursuant to Section 252.0435 of the Local Government Code, City of Lubbock has adopted the following written definition and criteria for accurately determining the safety record of a bidder prior to awarding bids on City contracts. The definition and criteria for determining the safety record of a bidder for this consideration shall be: The City of Lubbock shall consider the safety record of the bidders in determining the responsibility thereof. The ` City may consider any incidence involving worker safety or safety of the citizens of the City of Lubbock, be it related or caused by environmental, mechanical, operational, supervision or any other cause or factor. Specifically; the City may consider, among other things: Complaints to, or final orders entered by, the Occupational Safety and Health Review Commission (OSHRC), against the bidder for violations of OSHA regulations within the past three (3) years. b. Citations (as defined below) from an Environmental Protection Agency (as defined below) for violations within the past five (5) years. Environmental Protection Agencies include, but are not necessarily limited to, the U.S. Army Corps of Engineers (USACOE), the U.S. Fish and Wildlife Service (USFWS), the Environmental Protection Agency (EPA), the Texas Commission on Environmental Quality (TCEQ), the Texas Natural Resource Conservation Commission (TNRCC) (predecessor to the TCEQ), the Texas Department of State Health Services (DSHS), the Texas Parks and Wildlife Department (TPWD), the Structural Pest Control Board (SPCB), agencies of local governments responsible for enforcing environmental protection or worker safety related laws or regulations, and similar regulatory agencies of other states of the United States. Citations include notices of violation, notices of enforcement, suspension/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. I c. Convictions of a criminal offense within the past ten (10) years, which resulted in bodily harm or death. d. Any other safety related matter deemed by the City Council to be material in determining the responsibility of the bidder and his or her ability to perform the services or goods required by the bid documents in a safe environment, both for the workers and other employees of bidder and the citizens of the City of Lubbock. In order to obtain proper information from bidders so that City of Lubbock may consider the safety records of potential contractors prior to awarding bids on City contracts, City of Lubbock requires that bidders answer the following three (3) questions and submit them with their bids: ' QUESTION ONE f S- Has the bidder, or the firm, corporation, partnership, or institution represented by the bidder, or anyone acting for such firm, corporation, partnership or institution, received citations for violations of OSHA within the past three (3) years? YES '� NO If the bidder has indicated YES for question number one above, the bidder must provide to City of Lubbock, with its bid submission, the following information with respect to each such citation: Date of offense, location of establishment inspected, category of offense, final disposition of offense, if any, and penalty i- assessed. C__ SSE �TTR�ideO Bidder's Initials 26 QUESTION TWO Has the bidder, or the firm, corporation, partnership, or institution represented by the bidder, or anyone acting for such firm, corporation, partnership or institution, received citations for violations of environmental protection laws or regulations, of any kind or type, within the past five years? Citations include notice of violation, notice of enforcement, suspension/revocations of state or federal licenses, or registrations, fines assessed, pending criminal complaints, indictments, or convictions, administrative orders, draft orders, final orders, and judicial final judgments. YES NO &, If the bidder has indicated YES for question number two above, the bidder must provide to City of Lubbock, with its bid submission, the following information with respect to each such conviction: Date of offense or occurrence, location where offense occurred, type of offense, final disposition of offense, if any, and penalty assessed. QUESTION THREE Has the bidder, or the firm, corporation, partnership, or institution represented by bidder, or anyone acting for such firm, corporation, partnership, or institution, ever been convicted, within the past ten (10) years, of a criminal offense which resulted in serious bodily injury or death? YES NO� If the bidder has indicated YES for question number three above, the bidder must provide to City of Lubbock, with its bid submission, the following information with respect to each such conviction: Date of offense location where offense occurred e of offense final disposition of offense in any, d penalty > > type � P � Y. anP tY assessed. ACKNOWLEDGEMENT THE STATE OF TEXAS COUNTY OF LUBBOCK 1 certify that I have made no willful misrepresentations in this Questionnaire nor have I withheld information in my statements and answers to questions. I am aware that the information given by me in this questionnaire shall be investigated, with my full permission, and that any misrepresentations or omissions may cause my bid to be rejected. Title �- 27 U.S. Department of Labor Occupational Safety and Health Administration Citation and Notification of Penalty Inspection Number: 3106904090Ems'01 Inspection Dates: 04/10/2007 - 04/10/2007 Issuance Date: 04/12/2007 t\ r''T� es o 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 employee -in the recognition and avoidance of unsafe condition(s) and the regulation(s) applicable 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: 04/24/200 . Proposed Penalty: $ 15 .00 �d e) 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 frm alling or flying 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 0 D`J a 6Z) 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 U.S. Department of Labor Inspection Number: 310690409 E `� Occupational Safety and Health Administration Inspection Dates: 04/10/2007 - 04/10/2007 Issuance Date: 04/12/2007� }E O Citation and Notification of Penalty 4 Company Name: West Texas Paving, Inc. 1- Inspection Site: Overton Park Project, 9th and Ave. R, Lubbock, TX 79401 /-r itation 1 Item,a- 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 person 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 S 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 .00 / 04n S4 See pages I through 4 of this Citation and Notification of Penalty for information on employer and employee rights and responsibilities. E Citation and Notification of Penalty Page 6 of 7 OSHA-2 (Rev. 9/93) i { t t. f U.S. Department of Labor Occupational Safety and Health Administration Inspection Number: 310690409 ,Pig Inspection Dates: 04/ 10/2007 - 04/ 10/2007 Issuance Date: 04/12/2007 IA 9T4 yes Citation and Notification of Penalty Company Name: West Texas Paving, Inc. Inspection Site: Overton Park Project, 9th and Ave. R, Lubbock, TX 79401 ion 1 Ited 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: Proposed Penalty: 4�. F.TAPIO Area Director 04/ 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. 9/9. 1 SUSPENSION AND DEBARMENT CERTIFICATION l Federal Law (A-] 02 Common Rule and OMB Circular A-110) prohibits non -Federal entities from contracting with or making sub -awards under covered transactions to parties that are suspended or debarred or whose principals are suspended or debarred. Covered transactions include procurement contracts for goods or services equal to or in excess of $25,000 and all non -procurement transactions (e.g., sub -awards to sub -recipients). Contractors receiving individual awards of $25,000 or more and all sub -recipients must certify that their organization and its principals are not suspended or debarred by a Federal agency. Before an award of $25,000 or more can be made to your firm, you must certify that your organization and its principals are not suspended or debarred by a Federal agency. 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. PCOMPANY NAME:W95 "�' V t/V G INC FEDERAL TAX ID or SOC C 5.2 O Z 8 G S' 7- Signature of Company Official: Printed name of company official signing ab WJ)811Vzkl, Date Signed: �i 1 i_ Fl 3 ,3 a 28 PROPOSED LIST OF SUB -CONTRACTORS Company Name and City Minority Owned Yes or No .. 2. ❑ ❑ 3. ❑ 0 4.5. ❑ ❑ i 6. ❑ ❑ 7. 0 ❑ .. 9. ❑ ❑ 10. ❑ ❑ �. ` l 1. ❑ 0 12. ❑ ❑ 13. ❑ ❑ } 14. ❑ ❑ 15. ❑ ❑ 16. ❑ ❑ THIS FORM SHALL BE COMPLETED AND RETURNED ALONG WITH YOUR BID IF NO SUB -CONTRACTORS WILL BE USED PLEASE INDICATE SO 29 Page Intentionally Left Blank POST -CLOSING DOCUMENT REQUIREMENTS The below -listed document must be received in the Purchasing and Contract Management Office Not Later Than TWO BUSINESS DAYS after the close date when bids are due. FINAL LIST OF SUB -CONTRACTORS 31 Page Intentionally Left Blank I-, FINAL LIST OF SUB -CONTRACTORS Company Name and City 1. r75 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. 16. Minority Owned Yes or No ❑ Ll D El 0 0 0 El 0 El 0 0 0 0 THIS FORM SHALL BE COMPLETED AND RETURNED NOT LATER THAN TWO BUSINESS DAYS AFTER THE CLOSE DATE WHEN BIDS ARE DUE IF NO SUB -CONTRACTORS WILL BE USED PLEASE INDICATE SO 32 Paae Intentionally Left Blank No Text Page Intentionally Left Blank Oct 14.09 06:42p West Texas Paving PERFORMANCE BONi) 806 863 3550 p.3 Bond No. 22771694 STATUTORY PFKr-wWANC:E BOND PURSUANT TO SECTION 2253.021(a) OF THE TEXAS GOVE:1LNMENT CODE, (CON•I'RACTS MORE TILAN S100,000) West Texa Pav nc� c KNOW ALI. MEN BY TIP -SE t PRESENTS, that &retnal�cr dllc RicTrincipal(s), as Principai(s), and Western Surety Company (hercinaftur called the Suret3 S c t s arc eld at 1'xrnl la and unto the City of Lubbock (hereinafter called the `rc�b un r �een �usag Obligee), in the alnounL ot'R�,tu„ ,- mho— ;� 011VRIlars ($213,838.70) lawful money of the United States for the payment whercot; the said Pnnctpal and Surety tfilld themselves, and their heirs, administrators, oxectaors, successors and assigns, jointly and severally, firmly by these presents. WNEREAS, the Principal has entered into a certain written contract with Lhc Obligcc, dated Lhc S'h day of October �, 2009, to E. 16 Street Repair Widening_ and said principal under the taw is required before commencing the work provided for in said contract to execute a bond in the afnuunt of said contract which contract is hereby reicrred to and made a part hereof as fully and to the same extent as if copied at length herein. NOW, TIIPRLFORE, THM CONM ION OF TI11S OBLIGATION iS SUCH, that if the said Princilal shall faithfully 1xa-form the wont, in accordance with the plans, specifications and contract documcnts, then thi,•i obligation shall be void; otherwise tq remain in full force and effect. PROVMED, iIOWEVER, that this bond is executed pursuant to the provisions of Section 2253.021(a) of the 1'exas Government C'c>dc, and all liabilities on this bond shall be determuocd in accordance with the provisions of said a.rticte to the same extent us if it weres copied at length herein. IN WrrNT•'.SS WHEREOF, the said Principal (s) and Surety (s) have signed and scaled this instrument this 16th day of October , 2000, Western SuretyComppany S urety� * 13y: (litle) —)lt4Atty—in—Fact 36 West Texas Paving, Inc. (C"ompany Name) Oct 14'09 06AIp Wed Texas Paving 806 863 3550 p.2 Bond No. 22771694 STATUTORY PAYMENT BOND PUWSUANT TO SECTION 2253.021(a) OF THE TEXAS GOVERNMENT CODE (CONTRACTS MORE THAN $25,000) KNOW nL1. MEN BY THL-'SE PKES.TNTS, that _West Texas Paving, Inc{hercinaftcr called the Principal(s). asPtincipal(s),and _ Western Surety Company (hereinafter called the Surety'(s), tus Surety(s), are held and fnttly bound unto the City of Lubbock (hereinafter called the; Obligee), in the amount of� Hundr een Too Do fats (S 213.838,7d)lawful money of the United States for the payntcnt vicrea , G salt nn pa c i thcnlvcx, and their heir~, administrators, executors, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has entered into a certain written contract with the Obligee, dated the lath day of C7cmhcr _ ._ 2009, to E 16th Street Repair and said Principal under the law is required before commencing the work provided for in said contract to execute a bond in the amount of said contract which contract is hereby referred to and made a part hereof as fully and to the same extent as if copied at length herein. NOW, THEREFORE, TGIF, CONDITION OF TH S OBLIGATION IS SUCH, that if the said Principal shall pay all claimants supplying; labor and trnatcrial to him or a subcontractor in the prosecution of the work provided for in said contract; then, this obligation shall be void; otherwise to remain in full force and effect; PROVIDl f), HOWEVER, that this bond is executed pursuant to the provisions of Section 2253.021(a) of the Texas Government Code, and all liabilities on this bond shall be determined in accordance with the provisions of said Artielc to the same extent as if it were copied at length herein. IN WITNESS W14EREOF, thu said Principal (s) and Surety (s) have s16med and sculed this instrument this 16th dayof October 20f19. Western Surety Com. an — Surety (TitlefAt Fact 34 West Texas Paving, Inc. {Cu�i►paty Name) By; CKA ELL (Pri d Name (Sig; ature) Pres. Oct 14 09 08:42p West Texas Paving 806 863 3550 p.4 TI-ic undersigned surety company represents that it is duly qualified to do business in Texas, and hereby designates Darrell Jarn.igaam agent resident in Lubbock County to whom any requisite notices may be delivered and on whom service of process may be had in matters arising out of such suretyship. Western Surety Company S urcty " By: on— et..t� (Title) Att y—in—Fact Approved as to form: City of By: z� Assistant City Attorney * Dote: If signed by an officer of the Surety Company there must be on file a certified extract from the bylaws showing that this person has authority to sign such obligation. If signed by an Attorney in Fact, we must have copy of power of attorney for our files. 35 41 POWER OF ATTORNEY Know All Men by These Presents. (Irrevocable) No. SP- 22771694 A A 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 r € authorized individuals: AUTHORIZED INDIVIDUALS AUTHORIZED INDIVIDUALS JILL KRISTEN ALLEN SUSAN E CRAIN f MICHAEL NORMAN RUDBERG { f i; i �i j in the City of State of with limited authority, its true :and =- lawful Attorney(s) m act wit full power and authority hereby conferred, to Wtecute, 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 F E B R t t. R V 2 8 Q 0 14 , but until such time shall be irrevocable and in full force and effect. WESTERN. SURETY'COMPANY 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-witi ",Section T."'All .. bonds, policies, undertakings, Powers of Attorney, or other obligations of the corporation shall be executed in the corporate name of the Company yth bye:President, Secretary,'aity 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. AssisiapG ecretary, 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 offteer 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, letteror telegram signed by the Underwriting.=Manager, Underwriting Consultant, Underwriting Specialist, Underwriter, President, Vice President, Assistant Vice President, Treasurer, Secretary or, Assistant Secretary of Westem.Surety Company specifically authorizing said increase. -IN;WITNESS'WHEREOF;wes[em Surety Company has caused these presents to be executed by its Senior Vice President with its corporate seal affixed this lath dayof.December 2006 WESTERN SURETY COMPANY STATE OF SOUTH DAKOTA ss. BY COUNTY OF MINNEHAHA Senior Vice Preside E On this 11th day of December in the year 2006 , before me, a Notary Public, personally appeared Paul T. Bruflat, 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.to �t 1/ D.KRELL /II 7� ,w NOTARY PUBLIC � — �j( 7 .71/1 SEAL ....H DAKOTA SEAL South Dakota Notary Public, My Commission Expires November 30, 2012 I, 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 Nth 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 * � 6 th day of October 2 0 0 9 *IMPORTANT: This date must be filled in before it is attached WESTER SURETY COMPANY to the bond and it must be the same date as the bond. By Q Form 749.12-2006 �`"'"— Senior Vice Preside t--.* NOTICE: This border must be BLUE. if it is not BLUE, this is not a certified copy. IN CERTIFICATE OF INSURANCE 38 Page Intentionally Left Blank ACORDCERTIFICATE OF LIABILITY INSURANCE _ 10/21/z o' 'RODUCER (806) 792-5564 FAX: (806) 792-9344 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE -Danford & Tatum Insurance Agency HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 6303 Indiana Ave. ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. ? 0. Box 64790 Lubbock TX 79464 INSURERS AFFORDING COVERAGE NAIC # INSURED INSURER A: National American Ins. 366 -T,gest Texas Paving, Inc., DBA: Darrell Jarnagin INSURERB:Texas Mutual Insurance ?.0. Box 64187 INSURERC: Lubbock TX 79464 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. --,AG REGATE LIMITS SHOWN MAY HAVE BE ED BY PAID CLAIMS. "fSR ADD'L OF INSURANCE POLICY NUMBER POLICTYPE DATE YMM DD/YYE POLICY EXPIRATION ATE MM/ D/YY LIMITS GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 DAMAGE TO RENTED PR I a occurrence $ 100,000 w!A X COMMERCIAL GENERAL LIABILITY CLAIMS MADE Fx_1 OCCUR MP05310242 1/5/2009 1/5/2010 MEDEXP (Any oneperson) $ 5,000 PE &AD INJURY $ 1,000,000 GENERAL AGGREGATE $ 2,000,000 GEMLAGGREGATE LIMIT APPLIES PER: PRODUCTS - MP/ PA $ 2,000,000 X1 POLICY PEC�RO E LOC AUTOMOBILE LIABILITY ANY AUTO COMBINED SINGLE LIMIT (Ea accident) $ 1,000,000 BODILY INJURY (Per person) $ A ALL OWNED AUTOS SCHEDULED AUTOS MP05310242 1/5/2009 1/5/2010 X X BODILY INJURY (Per accident) $ HIRED AUTOS NON -OWNED AUTOS X PROPERTY DAMAGE (Per accident) $ GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $ OTHER THAN EA AC $ ANY AUTO $ AUTO ONLY: AGG EXCESS/UMBRELLA LIABILITY EACH OCCURRENCE $ OCCUR CLAIMS MADE AGGREGATE $ $ DEDUCTIBLE $ RETENTION R WORKERS COMPENSATION AND X WC STATU- O R EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE E.L. EACH ACCIDENT $ 1,000,000 E.L. DISEASE - EA EMPLOYEE $ 1,000,000 OFFICER/MEMBEREXCLUDED? TSF-0001129850 4/7/2009 4/7/2010 If yes, describe under SPECIAL PROVISIONS below E.L. DISEASE - POLICY LIMIT 1 0 0 0 0 0 0 $ i i OTHER __ >ESCRIPTION OF OPERATIONS/LOCATIONSNEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS RE: WIDENING OF EAST 16TH STREET, CONTRACT #9178 - CITY OF LUBBOCK CITY OF LUBBOCK, ITS OFFICERS, AGENTS AND EMPLOYEES ARE NAMED AS PRIMARY ADDITIONAL INSUREDS ON GL (INCLUDING 1RODUCTS & COMPLETED OPERATIONS PER GL2045 1/03) & AUTO LIABILITY POLICIES WITH A WAIVER OF SUBROGATION IN FAVOR OF 'HE CITY OF LUBBOCK ON WC, GL AND AUTO POLICIES. f. r-CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE CITY OF LUBBOCK EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL OFFICE OF PURCHASING 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT P . 0. BOX 2000 FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE LUBBOCK, TX 79457 ) 25 (2001108) (0108).08a AUTHORIZED REPRESENTATIVE Douglas Sanford/TJM © ACORD CORPORATION 1988 Page 1 of 2 ADDITIONAL NAMED INSUREDS NAME (First Named & Other Named Insureds) Darrell Jarnagin Doing Business As Darrell Jarnagin Doing Business As OFAPPINF COPYRIGHT 2000, AMS SERVICES INC IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. ACORD 25 (2001/08) IS025 (010e).08a Page 2 of 2 CONTRACTOR CHECKLIST 4 A CONTRACTOR SHALL: I__ ; (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. : 40 1, REQUIRED WORKERS' COMPENSATION COVERAGE "The law requires that each person working on this site or providing services related to this construction project must (see reverse) be covered by workers' compensation insurance. This includes persons providing, hauling, or delivering ( equipment and materials, or providing labor or transportation or other service related to the project, regardless of the identity of their employer or status as an employee." "Call the Texas Workers' Compensation Commission at 512-305-7238 to receive information on the legal requirement for coverage, to verify whether your employer has provided the required coverage, or to report an employer's failure to provide coverage." and PP g (8) contractually require each person with whom it contracts to provide services on a project, to: (A) provide coverage based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements for all of its employees providing services on the project, for the duration of the project; (B) provide a certificate of coverage to the contractor prior to that person beginning work on the project; (C) include in all contracts to provide services on the project the language in subsection (e) (3) of this rule; (D) provide the contractor, prior to the end of the coverage period, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project; g g P J (E) obtain from each other person with whom it contracts, and provide to the contractor: (i) a certificate of coverage, prior to the other person beginning work on the project; and (ii) prior to the end of the coverage period, a new certificate of coverage showing extension of the coverage period, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (F) retain all required certificates of coverage on file for the duration of the project and for one year thereafter; (G) notify the governmental entity in writing by certified mail or personal delivery, within (ten) 10 days after the person knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project; and (H) contractually require each other person with whom it contracts, to perform as required by paragraphs (A) - (H), with the certificate of coverage to be provided to the person for whom they are providing services. 41 Page Intentionally Left Blank No Text �.y Page Intentionally Left Blank CONTRACT #9178 STATE OF TEXAS COUNTY OF LUBBOCK THIS AGREEMENT,made and entered into this 8th day of October, 2009, by and between the City of Lubbock, County of Lubbock, State of Texas, acting by and through the Mayor, City of Lubbock, thereunto authorized to do so, hereinafter referred to as OWNER, and 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: BID #09-739-MA — Widening of East 16th Street and all extra work in connection therewith, under the terms as stated in the contract documents and at his (or their) own cost and expense to furnish all materials supplies, machinery,equipment, tools superintendence, labor, insurance proper xP � PP � � P � , and other accessories and services necessary to complete the said construction in accordance with the contract documents as defined in the General Conditions of Agreement. WEST TEXAS PAVING, INC. bid dated SEPTEMBER 23, 2009 is incorporated into and made a part of this agreement. -J - The CONTRACTOR hereby agrees to commence work within ten days after the date written notice to do so shall have been given to him and to substantially complete same within the time specified in the contract documents. The OWNER agrees to pay the CONTRACTOR in current funds for the performance of the contract in accordance with the bid submitted therefore, subject to additions and deductions, as provided in the contract documents and to make payment on account thereof as provided therein. IN WITNESS WHEREOF, the parties to these presents have executed this agreement in Lubbock, Lubbock County, Texas in the year and day first above written. CONTRACTOR: &IA57 i r,6/0 i-A)AV106 rJ-Nc J By: L4ftg1C-11-C— PRINTED1 L AG TITLE: COMPLETE ADDRESS: /' Company /� U - G T$X- Address -At . City, State, ip L rt Aoc�. / fttj ATTEST: JJA/0 a A "a Corporate S cretary CITY OF LUBBOCK, TEXAS (OWNER): By: MAYOR ATTEST: City Secrd APPROVED AST NTE : Owner's Representative Fitt)^ _ t1 .. .. Director ` AP O D A TO FORM: Assistant City Attorney Page Intentionally Left Blank GENERAL CONDITIONS OF THE AGREEMENT 45 Page Intentionally Left Blank 46 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. 3. OWNER'S REPRESENTATIVE Whenever the word Owner's Representative or representative is used in this contract, it shall be understood as referring to, City of Lubbock, or its representative KEITH SMITH, ASSISTANT CITY ENGINEER, so designated who shall inspect constructions; or to such other representatives, supervisors, architects, engineers, or inspectors as may be authorized by said Owner to act in any particular under this agreement. Engineers, supervisors or inspectors shall act for the Owner under the direction of Owner's Representative, but shall not directly supervise the Contractor or persons acting on behalf of the Contractor. 4. CONTRACT DOCUMENTS The contract's documents shall consist of the Notice to Bidders, General Instructions to Bidders, Bid, Signed Agreement, Statutory Bonds (if required), General Conditions of the Agreement, Special Conditions of the Agreement (if any), Specifications, Plans, Insurance Certificates, and all other documents made available to Bidder for inspection in accordance with the Notice to Bidders. The above described materials are sometimes referred to herein as the "contract" or "contract documents". ((' 5. INTERPRETATION OF PHRASES Whenever the words "Directed," "Permitted," "Designated," "Required," "Considered Necessary," "Prescribed," r 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 F responsibility to any Subcontractor employed by Contractor for performance of work on the project contemplated by these contract documents, but said Subcontractors shall look exclusively to Contractor for any payments due ' Subcontractor. The City reserves the right to approve or disapprove the selection of any subcontractor(s). 7. WRITTEN NOTICE Written notice shall be deemed to have been duly served if delivered in person to the individual or to a member of the firm or to an officer of the corporation for whom it is intended, or if delivered at or sent certified mail to the last business address known to the party who gives the notice. 47 g. CONTRACTOR'S RESPONSIBILITIES I Unless otherwise stipulated, the Contractor shall provide and pay for all materials, supplies, machinery, equipment, tools, superintendence, labor, insurance, and all water, light, power, fuel, transportation and all other facilities necessary for the execution and completion of the work covered by the contract documents. Unless otherwise specified, all materials shall be new and both workmanship and materials shall be of a good quality. The Contractor shall, if required, furnish satisfactory evidence as to the kind and quality of materials. Materials or work described in words which so applied have well known, technical or trade meaning shall be held to refer such recognized standards. All work shall be done and all materials furnished in strict conformity with the contract documents. 9. SUBSTANTIALLY COMPLETED The term "Substantially Completed" is meant that the structure or project contemplated by the contract documents has been made suitable for use or occupancy or the facility is in a condition to serve its intended purpose, but still may require minor miscellaneous work and adjustment. 10. LAYOUT Except as specifically provided herein, the Contractor shall be responsible for laying out all work and shall accomplish this work in a manner acceptable to the Owner's Representative. The Owner's Representative shall check the Contractor's layout of all major structures and any other layout work done by the Contractor at Contractor's request, but this check does not relieve the Contractor of the responsibility of correctly locating all work in accordance with the Plans and Specifications. 11, KEEPING OF PLANS AND SPECIFICATIONS ACCESSIBLE The Contractor shall be furnished copies of all Plans and Specifications without expense to Contractor and Contractor shall keep one copy of same consistently accessible on the job site. 12. RIGHT OF ENTRY The Owner's Representative may make periodic visits to the site to observe the progress or quality of the executed work and to determine, in general, if the work is proceeding in accordance with the contract documents. Owner's Representative shall not be required to make exhaustive or continuous onsite inspections to check the quality or quantity of the work, nor shall Owner's Representative be responsible for the construction means, methods, techniques, sequences or procedures, or the safety precautions incident thereto. Notwithstanding the Owner's Representative's rights of entry hereunder, the Owner's Representative shall not be responsible for the Contractor's failure to perform the work in accordance with the Contract Documents. 13. LINES AND GRADES All lines and grades shall be furnished whenever Owner's Representative deems said lines and grades are necessary for the commencement of the work contemplated by these contract documents or the completion of the work contemplated by these contract documents. Whenever necessary, Contractor shall suspend its work in order to permit Owner's Representative to comply with this requirement, but such suspension shall be as brief as practical and Contractor shall be allowed no extra compensation therefore. The Contractor shall give the Owner's Representative ample notice of the time and place where lines and grades are needed. All stakes, marks, etc., shall be carefully preserved by the Contractor, and in case of careless destruction or removal by Contractor, its Subcontractors, or its employees, such stakes, marks, etc., shall be replaced by the Owner's Representative at Contractor's expense. 2 i- Unless otherwise specified herein, all loss, expense or damage to Contractor arising out of the nature of the work ito be done, or from the action of the elements, or from any unforeseen circumstance and the prosecution of the work, shall be sustained and borne by the Contractor at its own cost and expense. 18. CHARACTER OF WORKERS The Contractor agrees to employ only orderly and competent workers, skillful in the performance in the type of work required under this contract, to do the work; and agrees that whenever the Owner's Representative shall inform Contractor in writing that any man or men on the work, are, in Owner's Representative's sole opinion, incompetent, unfaithful, disorderly, or otherwise unacceptable to Owner or Owner's Representative, such man or r . men shall be discharged from the work and shall not again be employed on the work without the Owner's Representative's written consent. 19. CONSTRUCTION PLANT The Contractor shall provide all labor, tools, equipment, machinery and materials necessary in the prosecution and completion of this contract where it is not otherwise specifically provided that Owner shall furnish same, and it is also understood that Owner shall not be held responsible for the care, preservation, conservation, or protection of any materials, tools, equipment or machinery or any part of the work until it is finally completed and accepted. The building of structures for the housing of men or equipment are permitted only at such places as the Owner's Representative shall consent or direct, and the sanitary conditions of the grounds in or about such structure shall at all times be maintained in a manner satisfactory to the Owner's Representative. 20. SANITATION } Necessary sanitary conveniences for the use of laborers on the work site, properly secluded from public observation, shall be constructed and maintained by the Contractor in such manner and at such points as shall be approved by the Owner's Representative and their use shall be strictly enforced. 21. OBSERVATION AND TESTING The Owner or Owner's Representative shall have the right at all times to observe and test the work. Contractor shall make necessary arrangements and provide proper facilities and access for such observation and testing at any location wherever such work is in preparation or progress. Contractor shall ascertain the scope of any observation that may be contemplated by Owner or Owner's Representative and shall give ample notice as to the time each part of the work shall be ready for such observation. Owner or Owner's Representative may reject any such work found to be defective or not in accordance with the contract documents, regardless of the stage of its completion or the time or place of discovery of such errors and regardless of whether Owner's Representative has previously accepted the work through oversight or otherwise. If any such work should be covered without approval or consent of the Owner, it must, if requested by Owner or Owner's Representative, be uncovered for examination at Contractor's expense. In the event that any part of the work is being fabricated or manufactured at a location where it is not convenient for Owner or Owner's Representative to make observations of such work or require testing of said work, then in such event Owner or Owner's Representative may require Contractor to furnish Owner or Owner's Representative certificates of inspection, testing or approval made by persons competent to perform such tasks at the location where that part of the work is being manufactured or fabricated. All such tests shall be in accordance with the methods prescribed by the American Society for Testing and Materials or such other applicable organization as may be required by law or the contract documents. i_. 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 [ r 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 50 22 23 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. 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. CHANGES AND ALTERATIONS The Contractor further agrees that the Owner may make such changes and alterations as the Owner may see fit, in the line, grade, form dimensions, plans or materials for the work herein contemplated, or any part thereof, either before or after the beginning of the construction, without affecting the validity of this contract and the accompanying bond. If such changes or alterations diminish the quantity of the work to be done, they shall not constitute the basis for a claim for damages, or anticipated profits on the work that may be dispensed with. If they increase the amount of work, and the increased work can fairly be classified under the specifications, such increase shall be paid according to the quantity actually done and at the unit price established for such work under this contract; otherwise such additional work shall be paid for as provided under Extra Work. In case the Owner shall make such changes or alterations as shall make useless any work already done or material already furnished or used in said work, then the Owner shall recompense the Contractor for any material or labor so used, and for actual expenses incurred in preparation for the work as originally planned. 24. EXTRA WORK The term "extra work" as used in this contract shall be understood to mean and include all work that may be required by the Owner or Owner's Representative to be done by the Contractor to accomplish any change, 3 alteration or addition to the work as shown on the plans and specifications or contract documents and not covered by Contractor's bid, except as provided under Changes and Alterations herein. It is agreed that the Contractor shall perform all extra work under the direction of the Owner's Representative when presented with a written work order signed by the Owner's Representative; subject, however, to the right of I the Contractor to require written confirmation of such extra work order by the Owner. It is also agreed that the compensation to be paid to the Contractor for performing said extra work shall be determined by the following methods: - Method (A) - By agreed unit prices; or Method (B) - By agreed lump sum; or Method (C) - If neither Method (A) or Method (B) be agreed upon before the extra work is commenced, then the Contractor shall be paid the lesser of the following: (1) actual field cost of the extra work, plus fifteen (15%) percent; or (2) the amount that would have been charged by a reasonable and prudent Contractor as a reasonable and necessary cost for performance of the extra work. 51 In the event said extra work be performed and paid for under Method (C)(1), then the provisions of this paragraph shall apply and the "actual field cost" is hereby defined to include the cost of all workmen, such as foremen, timekeepers, mechanics and laborers, materials, supplies, teams, trucks, rentals on machinery and equipment, for the time actually employed or used on such extra work, plus actual transportation charges necessarily incurred, together with all expenses incurred directly on account of such extra work, including Social Security, Old Age Benefits, Maintenance Bonds, Public Liability and Property Damage and Workers' Compensation and all other insurances as may be required by law or ordinances or directed by the Owner or Owner's Representative, or by them agreed to. Owner's Representative may direct the form in which accounts of the actual field cost shall be kept and records of these accounts shall be made available to the Owner's Representative. The Owner's Representative may also specify in writing, before the work commences, the method of doing the work and the type and kind of machinery and equipment to be used; otherwise, these matters shall be determined by the Contractor. Unless otherwise agreed upon, the prices for the use of machinery and equipment shall be determined by using 100%, unless otherwise specified, of the latest Schedule of Equipment and Ownership Expenses adopted by the Associated General Contractors of America. Where practical, the terms and prices for the use of machinery and equipment shall be incorporated in the written extra work order. The fifteen percent (15%) of the actual field cost to be paid to Contractor shall cover and compensate Contractor for its profit, overhead, general superintendence and field office expense, and all other elements of cost and expense not embraced within the actual field cost as herein defined, save that where the Contractor's Camp or Field Office must be maintained primarily on account of such Extra Work, then the cost to maintain and operate the same shall be included in the "actual field cost." ° No claim for extra work of any kind shall be allowed unless ordered in writing by Owner's Representative. In case any orders or instructions appear to the Contractor to involve extra work for which Contractor should receive compensation or an adjustment in the construction time, Contractor shall prior to commencement of such extra work, make written request to the Owner's Representative for a written order authorizing such extra work. Should a difference of opinion arise as to what does or does not constitute extra work or as to the payment therefore, and the Owner's Representative insists upon its performance, the Contractor shall proceed with the work after making written request for written order and shall keep adequate and accurate account of the actual field cost thereof, as provided under Method (C) (1). If Contractor does not notify Owner's Representative before the commencement ( of any extra work, any claim for payment due to alleged extra work shall be deemed waived. 25. DISCREPANCIES AND OMISSIONS It is further agreed that it is the intent of the contract documents that all work described in the bid, the specifications, plans and other contract documents, is to be done for the prices quoted by the Contractor and that such price shall include all appurtenances necessary to complete the work in accordance with the intent of these contract documents as interpreted by Owner's Representative. Notices of any discrepancies or omissions in these plans, specifications, or contract documents, shall be given to the Owners' Representative and a clarification obtained before the bids are received, and if no such notice is received by the Owner's Representative prior to the opening of bids, then it shall be deemed that the Contractor fully understands the work to be included and has provided sufficient sums in its bid to complete the work in accordance with these plans and specifications. If Contractor does not notify Owner's Representative before bidding of any discrepancies or omissions, then it shall be deemed for all purposes that the plans and specifications are sufficient and adequate for completion of the project. It is further agreed that any request for clarification must be submitted no later than five (5) calendar days prior to the opening of bids. ILLf 26. RIGHT OF OWNER TO MODIFY METHODS AND EOUIPMENT 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. 52 27. PROTECTION AGAINST ACCIDENT TO EMPLOYEES AND THE PUBLIC AND GENERAL INDEMNITY The Contractor shall take out and procure a policy or policies of Workers' Compensation Insurance with an insurance company licensed to transact business in the State of Texas, which policy shall comply with the Workers' Compensation laws of the State of Texas. The Contractor shall at all times exercise reasonable precaution for the safety of employees and others on or near the work and shall comply with all applicable provisions of federal, state and municipal laws and building and construction codes. All machinery and equipment and other physical hazards shall be guarded in accordance with the "Manual of Accident Prevention in Construction" of Associated General Contractors of America, except where incompatible with federal, state or municipal laws or regulations. The Contractor, its sureties and insurance carriers shall defend, indemnify and hold harmless the Owner and all of its officers, agents and employees against any all losses, costs, damages, expenses, liabilities, claims and/or causes of action, whether known or unknown, fixed, actual, accrued or contingent, liquidated or unliquidated, including, but not limited to, attorneys' fees and expenses, in connection with, incident to, related to, or arising out of, the Contractor's or any subcontractor's, agent's or employee's, in any manner whatsoever, omission, execution and/or supervision of this contract, and the project which is the subject matter of this contract. The safety precautions taken shall be the sole responsibility of the Contractor, in its sole discretion as an Independent Contractor; inclusion of this paragraph in the Agreement, as well as any notice which may be given by the Owners or the Owner's Representative concerning omissions under this paragraph as the work progresses, are intended as reminders to the Contractor of its duty and shall not be construed as any assumption of duty to supervise safety precautions by either the Contractor or any of its subcontractors. 28. CONTRACTOR'S INSURANCE The Contractor shall not commence work under this contract until he has obtained all insurance as required in the General Conditions of the contract documents, from an underwriter authorized to do business in the State of Texas and satisfactory to the City. Proof of coverage shall be furnished to the City and written notice of cancellation or any material change shall be provided ten (10) calendar days in advance of cancellation or change. All policies of insurance, required herein, including policies of insurance required to be provided by Contractor and its subcontractors, shall contain a waiver of any and all of the insurer's or payor's, in the event of self- insurance, rights to subrogation that any such insurer or payor, in the event of self-insurance, may acquire by virtue of payment of any loss under such insurance or self-insurance. All certificates of insurance submitted to the City in conformity with the provisions hereof shall establish such waiver. The Contractor shall procure and carry at its sole cost and expense through the life of this contract, insurance protection as hereinafter specified. Coverage in excess of that specified herein also shall be acceptable. Such insurance shall be carried with an insurance company authorized to transact business in the State of Texas and shall cover all operations in connection with this contract, whether performed by the Contractor or a subcontractor, or separate policies shall be provided covering the operation of each subcontractor. A certificate of insurance specifying each and all coverages shall be submitted prior to contract execution. PROOF OF COVERAGE SHALL BE FURNISHED TO THE CITY OF LUBBOCK IN THE FORM OF A CERTIFICATE OF INSURANCE ALONG WITH A COPY OF THE ADDITIONAL INSURED ENDORSEMENT. THE INSURANCE CERTIFICATES FURNISHED SHALL NAME THE CITY OF LUBBOCK AS A PRIMARY ADDITIONAL INSURED AND PROVIDE A WAIVER OF SUBROGATION IN FAVOR OF THE CITY OF LUBBOCK AS REQUIRED BELOW, OR IN THE ALTERNATIVE, SHALL BE ACCOMPANIED BY A STATEMENT FROM THE CONTRACTOR TO THE EFFECT THAT NO WORK ON THIS PARTICULAR PROJECT SHALL BE SUBCONTRACTED. IT SHALL BE THE CONTRACTOR'S RESPONSIBILITY TO PROVIDE TO THE OWNER ALL PROOF OF COVERAGE INSURANCE DOCUMENTS INCLUDING WORKERS COMPENSATION COVERAGE FOR EACH SUBCONTRACTOR. ADDITIONAL INSURED SFIALL INCLUDE COMPLETED OPER&TIONS FOR THREE YEARS. s 53 A. Commercial General Liability Insurance (Primary Additional Insured and Waiver of Subrogation required) The contractor shall have Comprehensive General Liability Insurance with limits of $1,000,00 Combined Single Limit in the aggregate and per occurrence to include: Products & Completed Operations Hazard Contractual Liability Personal Injury & Advertising Injury Heavy Equipment B. Owner's and Contractor's Protective Liability Insurance. NOT REQUIRED C. Comprehensive Automobile Liability Insurance (Waiver of Subrogation Required) The Contractor shall have Comprehensive Automobile Liability Insurance with limits of not less than; Bodily Injury/Property Damage, $500,000 Combined Single Limit, to include all owned and non -owned cars including: Employers Non -ownership Liability Hired and Non -owned Vehicles. D. Builder's Risk Insurance/Installation Floater Insurance. NOT REQUIRED E. Umbrella Liability Insurance NOT REQUIRED F. Worker's Compensation and Employers Liability Insurance (Waiver of Subrogation required) Worker's Compensation Insurance covering all employees whether employed by the Contractor or any Subcontractor on the job with Employers Liability of at least $500.000 Definitions: Certificate of coverage ("certificate") - A copy of a certificate of insurance, a certificate of authority to self -insure issued by the commission, or a coverage agreement (TWCC-81, TWCC- 82, TWCC-83, or TWCC-84), showing statutory workers' compensation insurance coverage for the person's or entity's employees providing services on a project, for the duration of the project. Duration of the project - includes the time from the beginning of the work on the project until the Contractor's/person's work on the project has been completed and accepted by the governmental entity. Persons providing services on the project ("subcontractor" in Section 406.096, Texas Labor Code) - includes all persons or entities performing all or part of the services the Contractor has undertaken to perform on the project, regardless of whether that person contracted directly with the Contractor and regardless of whether that person has employees. This includes, without limitation, independent contractors, subcontractors, leasing companies, motor carriers, owner - operators, employees of any such entity, or employees of any entity which furnishes persons to provide services on the project. "Services" include, without limitation, providing, hauling, or delivering equipment or materials, or providing labor, transportation, or other service related to a project. "Services" does not include activities unrelated to the project, such as food/beverage vendors, office supply deliveries, and delivery of portable toilets. 2. The Contractor shall provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements, which meets the statutory requirements of Texas Labor Code, Section 401.011(44) for all employees of the contractor providing services on the project, for the duration of the project. 54 1i 3. The Contractor must provide a certificate of coverage to the governmental entity prior to being awarded the contract. 4. if the coverage period shown on the Contractor's current certificate of coverage ends during the duration of the project, the Contractor must, prior to the end of the coverage period, file a new certificate of coverage with the governmental entity showing that coverage has been extended. 5. The Contractor shall obtain from each person providing services on the project, and provide to the governmental entity: (a) a certificate of coverage, prior to that person beginning work on the project, so the governmental entity shall have on file certificates of coverage showing coverage for all persons providing services on the project; and (b) no later than seven days after receipt by the Contractor, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project. 6 The Contractor shall retain all required certificates of coverage for the duration of the project and for one year thereafter. 7. The Contractor shall notify the governmental entity in writing by certified mail or personal delivery, within 10 days after the Contractor knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project. 8. The Contractor shall post on each project site a notice, in the text, form and manner prescribed b 4 P P J P Y the Texas Workers' Compensation Commission, informing all persons providing services on the , project that they are required to be covered, and stating how a person may verify coverage and report lack of coverage. 9. The Contractor shall contractually require each person with whom it contracts to provide services on the project, to: (a) provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements, which meets the statutory requirements of Texas Labor Code, Section 401.011(44) for all of its employees providing services on the project, for the duration of the project; (b) provide to the Contractor, prior to that person beginning work on the project, a certificate of coverage showing that coverage is being provided for all employees of the person providing services on the project, for the duration of the project; (c) provide the Contractor, prior to the end of the coverage period, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project; i-t (d) obtain from each other person with whom it contracts, and provide to the Contractor: x (1) a certificate of coverage, prior to the other person beginning work on the project; and (2) a new certificate of coverage showing extension of coverage, prior to the end of the coverage period, if the coverage period shown on the current certificate of coverage ends during the duration of the project; i 55 G (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 shall provide services on the project shall be covered by worker's compensation coverage for the duration of the project, that the coverage will be based on proper reporting of classification codes and payroll amounts, and that all coverage agreements will be filed with the appropriate insurance carrier or, in the case of a self -insured, with the commission's Division of Self -Insurance Regulation. Providing false or misleading information may subject the Contractor to administrative penalties, criminal penalties, civil penalties, or other civil actions. 11. The Contractor's failure to comply with any of these provisions is a breach of contract by the Contractor which entitles the governmental entity to declare the contract void if the Contractor does not remedy the breach within ten days after receipt of notice of breach from the governmental entity. Proof of Coverage Before work on this contract is commenced, each Contractor and subcontractor shall submit to the Owner for approval five Certificates of Insurance covering each insurance policy carried and offered as evidence of compliance with the above insurance requirements, signed by an authorized representative of the insurance company setting forth: (1) The name and address of the insured. (2) The location of the operations to which the insurance applies. (3) The name of the policy and type or types of insurance in force thereunder on the date borne by such certificate. (4) The expiration date of the policy and the limit or limits of liability thereunder on the date borne by such certificate. (5) A provision that the policy may be canceled only by mailing written notice to the named insured at the address shown in the bid specifications. (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; 56 (b) provide a certificate of coverage showing workers' compensation coverage to the governmental entity prior to beginning work on the project; (c) provide the governmental entity, prior to the end of the coverage period, a new certificate of coverage showing extension of coverage, if the coverage period shown on the Contractor's current certificate of coverage ends during the duration of the project; (d) obtain from each person providing services on a project, and provide to the governmental entity: (i) a certificate of coverage, prior to that person beginning work on the project, so the governmental entity will have on file certificates of coverage showing coverage for all persons providing services on the project; and (ii) no later than seven days after receipt by the Contractor, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (e) retain all required certificates of coverage on file for the duration of the project and for one year thereafter; (f) notify the governmental entity in writing by certified mail or personal delivery, within 10 days after the Contractor knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project; (g) post a notice on each project site informing all persons providing services on the project that they are required to be covered, and stating how a person may verify current coverage and report failure to provide coverage. This notice does not satisfy other posting requirements imposed by the Texas Worker's Compensation Act or other commission rules. This notice must be printed with a title in at least 30 point bold type and text in at least 19 point normal type, and shall be in both English and Spanish and any other language common to the worker population. The text for the notices shall be the following text provided by the commission on the sample notice, without any additional words or changes: REQUIRED WORKERS' COMPENSATION COVERAGE "The law requires that each person working on this site or providing services related to this construction project must be covered by workers' compensation insurance. This includes persons providing, hauling, or delivering equipment or materials, or providing labor or transportation or other service related to the project, regardless of the identity of their employer or status as an employee. " "Call the Texas Workers' Compensation Commission at 800-372-77I3 or 5I2-804- 4000 (www.tdi.state.tx.us} to receive information of the legal requirements for coverage, to verify whether your employer has provided the required coverage, or to report an employer's failure to provide coverage; " and (h) contractually require each person with whom it contracts to provide services on a project, to: i (i) provide coverage based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements for all of its employees providing services on the project, for the duration of the project; i (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: 57 i "By signing this contract or providing or causing to be provided a certificate of coverage, the person signing this contract is representing to the governmental entity that all employees of the person signing this contract who will provide services on the project will be covered by workers' compensation coverage for the duration of the project, that the coverage will be based on proper reprinting of classification codes and payroll amounts, and that all coverage agreements will be filed with the appropriate insurance carrier or, in the case of a self -insured, with the commission's Division of Self -Insurance Regulation. Providing false or misleading information may subject the Contractor to administrative penalties, criminal penalties, civil penalties, or other civil actions."; (iv) provide the Contractor, prior to the end of the coverage period, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (v) obtain from each other person with whom it contracts, and provide to the Contractor: (1) a certificate of coverage, prior to the other person beginning work on the project; and (2) prior to the end of the coverage period, a new certificate of coverage showing extension of the coverage period, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (vi) retain all required certificates of coverage on file for the duration of the project and for one year thereafter; (vii) notify the governmental entity in writing by certified mail or personal delivery, within 10 days after the person knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project; and (viii) contractually require each other person with whom it contracts, to perform as required by paragraphs (I)-(viii), with the certificate of coverage to be provided - to the person for whom they are providing services. F29. 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 1 any way, manner or form, the demands of subcontractors, laborers, workmen, mechanics, material men and gf _ 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 58 1., shall furnish satisfactory evidence that all obligations of the nature hereinabove designated have been paid, discharged or waived. i 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 bidding. 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 bidding and any necessary changes shall be adjusted as provided in the contract for changes in the work. In the absence of timely written notification to Owner's Representative of such variance or variances within said time, any objection and/or assertion that the plans and specifications are at variance with any federal, state or local laws, ordinances or regulations shall be deemed waived. If the Contractor, its employees or subcontractors perform any work contrary to such laws, ordinances, rules and regulations, and without such notice to the Owner's Representative, Contractor shall bear all costs arising therefrom. The Owner is a municipal corporation of the State of Texas and the law from which it derives its powers, insofar as the same regulates the objects for which, or the manner in which, or the conditions under which the Owner may enter into contracts, shall be controlling, and shall be considered as part of this contract to the same effect as though embodied herein. 33. 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. 34. TIME FOR SUBSTANTIAL COMPLETION AND LIQUIDATED DAMAGES It is hereby understood and mutually agreed by and between the Contractor and the Owner, that the date of beginning and time for completion as specified in the contract documents, of work to be done hereunder are essential conditions of this contract; and it is further mutually understood and agreed that the work embraced in this contract shall be commenced as provided in the contract documents. If the Contractor should neglect, fail, or refuse to substantially complete the work within the time herein specified, j then the Contractor does hereby agree as part of the consideration for the awarding of this contract, the Owner 59 3; .i may withhold permanently from Contractor's total compensation, the sum of S S 96 (NINETY SIX) each WORKING DAY , not as a penalty, but as liquidated damages for the breach of the contract as herein set forth for each and every working day that the Contractor shall be in default after the time stipulated for substantially completing the work. It is expressly understood and agreed, by and between Contractor and the Owner, that the time for the substantial completion of the work described herein is reasonable time for the completion of the same, taking into consideration the average climatic range and conditions and usual industrial conditions prevailing in this locality. The amount is fixed and agreed upon by and between the Contractor and the Owner because the actual damages the Owner would sustain in such event would be difficult and/or impossible to estimate, however, the amount agreed upon herein is a reasonable forecast of the amount necessary to render just compensation to Owner, and is expressly agreed to be not disproportionate to actual damages as measured at time of breach. IT IS FURTHER AGREED AND UNDERSTOOD BETWEEN THE CONTRACTOR AND OWNER THAT TIME IS OF THE ESSENCE OF THIS CONTRACT. 35. TIME AND ORDER OF COMPLETION It is the meaning and intent of this contract, unless otherwise herein specifically provided, that the Contractor shall be allowed to prosecute its work at such time and sessions, in such order of precedence, and in such manner as shall be most conductive to economy of construction; provided, however, that the order and time of prosecution shall be such that the work shall be substantially completed as a whole and in part, in accordance with this contract, the plans and specifications, and within the time of completion designated in the bid; provided, also, that when the Owner is having other work done, either by contract or by its own force, the Owner's Representative may direct the time and manner of constructing work done under this contract so that conflicts will be avoided and the construction of the various works being done for the Owner shall be harmonized. The Contractor shall submit, at such times as may reasonably be requested by the Owner's Representative, schedules which shall show the order in which the Contractor intends to carry on the work, with dates at which the Contractor will start the several parts of the work and estimated dates of completion of the several parts. 36. TIME'OF PERFORMANCE The Contractor agrees that it has submitted its bid in full recognition of the time required for the completion of this project, taking into consideration the average climatic range and industrial conditions prevailing in this locality, and has considered the liquidated damage provisions of paragraph 34 hereinabove set forth and expressly agrees that it shall not be entitled to, nor will it request, an extension of time on this contract, except when its work has been delayed by an act or neglect of the Owner, Owner's Representative, employees of the Owner or other contractors employed by the Owner, or by changes ordered in the work, or by strike, walkouts, acts of God or the public enemy, fire or flood. Any request for extension shall be in writing with the written request for same setting forth all justifications, in detail, for the request, and submitted to Owner's Representative within twenty (20) calendar days of the occurrence of the event causing said delay. A failure by Owner's Representative to affirmatively grant the extension no later than twenty (20) calendar days of written submission by Contractor shall be deemed a denial, and final. Further, in the absence of timely written notification of such delay and request for extension, as provided herein, any request for extension by Contractor shall be deemed waived. 37. HINDRANCE AND DELAYS In executing the contract, the Contractor agrees that in undertaking to complete the work within the time herein fixed, Contractor has taken into consideration and made allowances for all hindrances and delays incident to such work, whether growing out of delays due to unusual and unanticipated circumstances, difficulties or delays in securing material or workmen, or any other cause or occurrence. No charge shall be made by the Contractor for f 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 60 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 bids offered for the work. In the event the amount of work to be done and materials to be furnished are expressly stated to be estimated, and only when same are expressly stated to be estimated, it is understood and agreed that the actual amount of work to be done and the materials to be furnished under this contract may differ somewhat from these estimates, and that where the basis for payment under this contract is the unit price method, payment shall be for the actual amount of work done and materials furnished on the project. 39. PROTECTION OF ADJOINING PROPERTY The Contractor shall take proper means to protect the adjacent or adjoining property or properties in any way encountered, which may be injured or seriously affected by any process of construction to be undertaken under this agreement, from any damage or injury by reason of said process of construction; and Contractor shall be liable for any and all claims for such damage on account of his failure to fully protect all adjacent property. Without limiting, in any way, manner and form, the indemnity provided by Contractor in paragraph 27 hereof, the Contractor agrees to indemnify, save and hold harmless the Owner, and any of its officers, agents and employees, against any and all claims or damages due to any injury to any adjacent or adjoining property, related to, arising from or growing out of the performance of this contract. 40. PRICE FOR WORK In consideration of the furnishing of all necessary labor, equipment and material and the completion of all work by the Contractor, and on the delivery of all materials embraced in this contract in full conformity with the specifications and stipulations herein contained, the Owner agrees to pay the Contractor the price set forth in the bid proposal attached hereto, which has been made a part of this contract, and the Contractor hereby agrees to receive such price in full for furnishing all materials and all labor required for the aforesaid work, also, for all expenses incurred by Contractor and for well and truly performing the same and the whole thereof in the manner and according to this agreement, the attached specifications, plans, contract documents and requirements of Owner's Representative. 41. PAYMENTS No payments made or certificates given shall be considered as conclusive evidence of the performance of the contract, either wholly or in part, nor shall any certificate or payment be considered as acceptance of defective work. Contractor shall at any time requested during the progress of the work furnish the Owner or Owner's Representative with a verifying certificate showing the Contractor's total outstanding indebtedness in connection with the work. Before final payment is made, Contractor shall satisfy Owner, by affidavit or otherwise, that there are no outstanding liens against Owner's premises by reason of any work under the contract. Acceptance by Contractor of final payment of the contract price shall constitute a waiver of all claims against Owner, Owner's agents and employees, which have not theretofore been timely filed as provided in this contract. 42. PARTIAL PAYMENTS On or before the tenth day of each month, the Contractor shall submit to Owner's Representative an application j for partial payment or, if the Contractor does not submit such application, the Owner's Representative shall 61 r 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, f 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 .. 62 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 0 , amount withheld, payment shall be made for amounts withheld because of them. j 47. CLAIM OR DISPUTE It is further agreed by both parties hereto that all questions of dispute or adjustment presented by the Contractor shall be in writing and filed with the Owner's Representative within fifteen (15) calendar days after the Owner's Representative has given any direction, order or instruction to which the Contractor desires to take exception. Timely written notice of dispute as provided in this contract of any decision by Owner's Representative or Owner shall be a condition precedent to the bringing and/or assertion of any action or claim by Contractor of any right under this Contract. If the matters set forth in the notice of dispute are not granted or otherwise responded to by Owner's Representative within fifteen (15) calendar days of receipt of notice of dispute by Owner's Representative, said objections shall be deemed denied. Any decision by the Owner's Representative, or deemed denial by the Owner's Representative, shall be final and conclusive in the absence of fraud. It is further agreed that the acceptance by the Contractor of the final payment shall be a bar to any and all claims of the Contractor, and constitute a waiver of the right to assert any claim against Owner, Owner's agents and employees and Owner's Representative, by Contractor. 48. NON-COMPLIANCE AND/OR ABANDONMENT BY CONTRACTOR In case the Contractor should (1) abandon and fail or refuse to resume work within fifteen (15) calendar days after written notification from the Owner or the Owner's Representative, or (2) if the Contractor fails to comply with the written orders of the Owner's Representative, when such orders are consistent with this contract, then the Surety on the bond shall be notified in writing and directed to complete the work and a copy of said notice shall be delivered to the Contractor. In the event a bond is not required by law, or otherwise obtained by the Contractor, no further notice of such non-compliance to Contractor shall be required. After receiving said notice of abandonment or non-compliance , the Contractor shall not remove from the work any machinery, equipment, tools, materials or supplies then on the job, but the same, together with any materials and equipment under the contract for work, may be held for use on the work by the Owner or the Surety of the Contractor, or another contractor, in completion of the work; and the Contractor shall not receive any rental or credit therefore (except when used in connection with Extra Work, where credit shall be allowed as provided for under paragraph 24 of this contract); it being understood that the use of such equipment and materials will ultimately reduce the cost to complete the work and be reflected in the final settlement. In the event the Contractor, or Surety, whichever is applicable, should fail to commence compliance with the notice hereinbefore provided within ten (10) calendar days after service of such notice, and/or shall fail to proceed with diligence to complete the project as contemplated and in compliance with all terms and provisions of the contract documents, then the Owner may exercise any and all remedies available to it pursuant to law, contract, equity or otherwise, including, but not limited to, providing for completion of the work in either of the following elective manners: (a) The Owner may employ such force of men and use of machinery, equipment, tools, materials and supplies as said Owner may deem necessary to complete the work and charge the expense of such labor, machinery, equipment, tools, materials and supplies to said Contractor, and the expense so charged shall be deducted and paid by the Owner out of such moneys as may be due, or that may thereafter at any time become due to the Contractor under and by virtue of this Agreement. In case such expense is less than the sum which would have been payable under this contract, if the same had been completed by the 63 Contractor, then said Contractor shall receive the difference. In case such expense is greater than the sum which would have been payable under this contract, if the same had been completed by said Contractor, then the Contractor and/or its Surety shall pay the amount of such excess to the Owner; or (b) The Owner, under sealed bids, after notice published as required by law, at least twice in a newspaper having a general circulation in the County of location of the work, may let the contract for the completion of the work under substantially the same terms and conditions which are provided in this contract. In case of any increase in cost to the Owner under the new contract as compared to what would have been the cost under this contract, such increase shall be charged to the Contractor and the Surety shall be and remain bound therefore. Should the cost to complete any such new contract prove to be less than that which would have been the cost to complete the work under this contract, the Contractor or his Surety shall be credited therewith. In the event the Owner's Representative elects to complete the work, as described above, when the work shall have been finally completed, the Contractor and his Surety shall be so notified and certification of completion as provided in paragraph 44 hereinabove set forth, shall be issued. A complete itemized statement of the contract accounts, certified to by Owner's Representative as being correct shall then be prepared and delivered to Contractor and his Surety, if applicable, whereon the Contractor or his Surety, or the Owner as the case may be, shall pay the balance due as reflected by said statement within 30 days after the date of certification of completion. In the event the statement of accounts shows that the cost to complete the work is less than that which would have been the cost to the Owner had the work been completed by the Contractor under the terms of this contract, or when the Contractor and/or his Surety, if applicable, shall pay the balance shown to be due by them to the Owner, then all machinery, equipment, tools, materials or supplies left on the site of the work shall be turned over to the Contractor and/or his Surety, if applicable. Should the cost to complete the work exceed the contract price, and the Contractor and/or his Surety, if applicable, fail to pay the amount due the Owner within the time designated hereinabove, and there remains any machinery, equipment, tools, materials or supplies on the site of the work, notice thereof, together with an itemized list of such equipment and materials shall be mailed to the Contractor and his Surety, if applicable, at the respective addresses designated in this contract; provided, however, that actual written notice given in any manner will satisfy this condition. After mailing, or other giving of such notice, such property shall be held at the risk of the Contractor and his Surety, if applicable, subject only to the duty of the Owner to exercise ordinary care to protect such property. After fifteen (15) calendar days from the date of said notice the Owner may sell such machinery, equipment, tools, materials or supplies and apply the net sum derived from such sale to the credit of the Contractor and his Surety, if applicable. Such sale may be made at either public or private sale, with or without notice, as the Owner may elect. The Owner shall release any machinery, equipment, tools, materials, or supplies that remain on the jobsite and belong to persons other than the Contractor or his Surety, if applicable, to their proper owners. The remedies provided to Owner by law, equity, contract, or otherwise, shall be cumulative, to the extent permitted by law. It is expressly agreed and understood that the exercise by Owner of the remedies provided in this paragraph shall not constitute an election of remedies on the part of Owner, and Owner, irrespective of its exercise of remedies hereunder, shall be entitled to exercise concurrently or otherwise, any and all other remedies available to it, by law, equity, contract or otherwise, including but not limited to, liquidated damages, as provided in paragraph 34, hereinabove set forth. t µ 49. LIMITATION ON CONTRACTOR'S REMEDY The remedies of Contractor hereunder shall be limited to, and Owner shall be liable only for, work actually performed by Contractor and/or its subcontractors as set forth in the contract documents, and Owner shall not be liable for any consequential, punitive or indirect loss or damage that Contractor may suffer in connection with the project which is the subject matter of this contract. J___= 50. BONDS 64 The Contractor is required to furnish a performance bond in accordance with Chapter 2253, Government Code, in the amount of 100% of the total contract price in the event that said contract price exceeds $100,000 and the Contractor is required to furnish a payment bond in accordance with Chapter 2253, Government Code, in the amount of 100% of the total contract price in the event that said contract price exceeds $25,000. All bonds shall be submitted on forms supplied by the Owner, and executed by an approved Surety Company authorized to do business in the State of Texas. It is further agreed that this contract shall not be in effect until such bonds are so furnished. 51. SPECIAL CONDITIONS In the event special conditions are contained herein as part of the contract documents and said special conditions conflict with any of the general conditions contained in this contract, then in such event the special conditions shall control. ' 52. LOSS OR EXPENSE DUE TO UNUSUAL OR UNANTICIPATED CIRCUMSTANCES Unless otherwise specified herein, all loss, expense or damage to the Contractor arising out of the nature of the work to be done, or from the action of the elements, or from any unforeseen circumstance or from unusual obstructions or difficulties, naturally occurring, man made or otherwise, which may be encountered in the prosecution of the work, shall be sustained and borne by the Contractor at his own cost and expense. 53. INDEPENDENT CONTRACTOR Contractor is, and shall remain, an independent contractor with full, complete and exclusive power and authority to direct, supervise, and control its own employees and to determine the method of the performance of the work covered hereby. The fact that the Owner or Owner's Representative shall have the right to observe Contractor's work during Contractor's performance and to carry out the other prerogatives which are expressly reserved to and vested in the Owner or Owner's Representative hereunder, is not intended to and shall not at any time change or effect the status of the Contractor as an independent contractor with respect to either the Owner or Owner's Representative or to the Contractor's own employees or to any other person, firm, or corporation. 54. CLEANING UP The Contractor shall at all times keep the premises free from accumulation of debris caused by the work, and at the completion of the work Contractor shall remove all such debris and also its tools, scaffolding, and surplus materials and shall leave the work room clean or its equivalent. The work shall be left in good order and condition. In case of dispute Owner may remove the debris and charge the cost to the Contractor. 55. HAZARDOUS SUBSTANCES AND ASBESTOS Hazardous Substances (herein so called), as defined in the Comprehensive Environmental Response, Compensation, and Liability Act (42 U.S.C.S. §960I(14)) and the regulations promulgated thereunder, as same may be amended from time to time, hydrocarbons or other petroleum products or byproducts and/or asbestos, in any form, shall not (i) be utilized, in any way, manner or form, in the construction of, or incorporation into, the Project; or (ii) be brought upon, placed, or located, by any party, on the Project site, or any other property of the City, without the written consent of the Owner's Representative. If Contractor believes that the utilization of a Hazardous Substance, hydrocarbons or other petroleum products or byproducts and/or asbestos is necessary in the construction of the Project, or that it is necessary to place and/or otherwise locate upon the site of the Project or other property of the City, a Hazardous Substance, hydrocarbons or other petroleum products or byproducts and/or asbestos, Contractor shall notify the Owner's Representative, and request consent therefrom, at least twenty (20) days prior to such action. Owner's Representative may grant or deny the request of Contractor and provide whatever requirements such consent, if granted, is conditioned upon, in its sole and absolute discretion. If the request of Contractor is not granted, or otherwise not responded to, by Owner's Representative within five (5) days of the receipt of said request, said request shall be deemed to be denied. 65 - 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. 56. NONAPPROPRIATION All funds for payment by the City under this contract are subject to the availability of an annual appropriation for this purpose by the City. In the event of non -appropriation of funds by the City Council of the City of Lubbock for the goods or services provided under the contract, the City will terminate the contract, without termination charge or other liability, on the last day of the then -current fiscal year or when the appropriation made for the then -current year for the goods or services covered by this contract is spent, whichever event occurs first. If at any time funds are not appropriated for the continuance of this contract, cancellation shall be accepted by the Seller on thirty (30) days prior written notice, but failure to give such notice shall be of no effect and the City shall not be obligated under this contract beyond the date of termination. 57. THE CITY RIGHT TO AUDIT At any time during the term of this Contract and for a period of four (4) years thereafter the City or a duly authorized audit representative of the City, or the State of Texas, at its expense and at reasonable times, reserves the right to audit Contractor's records and books relevant to all services provided under this Contract. In the event r 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. 66 Page Intentionally Left Blank DAVIS BACON WAGE DETERMINATIONS Page Intentionally Left Blank EXMIT A GENERAL DECISION: TX20080028 02/08/2008 TX28 Date: February 8, 2008 General Decision Number: TX20080028 02/08/2008 Superseded General Decision Number: TX20070028 State: Texas Construction Types: Heavy and Highway Counties: Ector, Lubbock, Midland, Potter, Randall, Taylor 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 Roller Operator, Pneumatic, Self -Propelled .................$ 7.67 0.00 Roller Operator, Steel Wheel, Flat Wheel/Tamping.............$ 8.06 0.00 Roller Operator, Steel Wheel, Plant Mix Pavement .............$ 7.50 0.00 Scraper Operator ...............$ 8.50 0.00 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. Washington, DC 20210 2*1 If the answer to the question in 1.1 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. Imo, 11.8 Prevailing Wage Rates Overtime Rate 1-1; 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 fi r _,./ %v l A'f �£ MA { .. .......................M:+% WA �OSE�IW. SCHAUIN i tt ' 96884 .•��,�� jY i 44 Page Intentionally Left Blank July 30, 2009 CITY OF LUBBOCK PUBLIC WORKS ENGINEERING STANDARD PAVING SPECIFICATIONS TABLE OF CONTENTS SECTION PAGE NUMBER 1.1 GENERAL 5 1.2 Specifications 5 1.3 Warranty and Acceptance 6 1.4 Testing and Inspection 6 1.5 Cleanup and Site Restoration 6 1.6 Notification of Property Owners 7 1.7 Protection of Utilities and Irrigation Systems 7 1.8 Water for Construction 7 2.1 CONCRETE 8 2.2 Classification 9 2.3 Mix Design 9 2.4 Strength Requirements 10 2.5 Cement 10 2.6 Aggregate 11 2.7 Flowable Fill 12 2.8 Water 12 2.9 Admixtures 12 2.10 Reinforcing Materials 12 2.11 Joints 13 2.12 Joint Sealing Materials 14 2.13 Curing Compounds 14 2.14 Forms for Concrete 14 2.15 Placing and Finishing Concrete 15 3.1 SUBGRADE 4.1 FLEXIBLE BASE (CALICHE) 4.2 Materials Tests 4.3 Flexible Base Construction 16 17 17 18 2 5.1 ASPHALT STABLIZED BASE (ASB) 18 5.2 ASB Mix design 19 5.3 Placing ASB 20 5.4 ASB Compaction 20 6.1 HOT MIX ASPHALT CONCRETE SURFACE (HMAC) 20 6.2 Thickness of HMAC Surface 21 6.3 Mix Design 22 6.4 Coarse Aggregate 23 6.5 Fine Aggregate 24 6.6 Asphalt 24 6.7 Production and Placement of HMAC 24 , 6.8 Compaction 26 6.9 Prime and Tack Coats 27 i 6.10 Emulsified Asphalt Sealer 27 6.11 Release agents 27 6.12 Sampling of HMAC 28 7.1 STORM SEWER 28 7.2 Reinforced Concrete Pipe 28 7.3 Mortar 28 7.4 Preformed Bituminous Gasket Joints 29 7.5 Manholes 29 7.6 Manhole Frames and Covers 30 7.7 Construction Methods 30 7.8 Excavation 31 7.9 Pipe Installation 32 (- 7.10 Backfilling 33 7.11 Trench Protection 34 8.1 FENCES 35 7 9.1 SALVAGE OF ASPHALT PAVING 35 10.1 BARRICADES 35 11.1 PROSECUTION OF THE WORK 3; AND WORKING DAYS 36 11.2 Working Days Definition 36 11.3 Work Between November 1 and January 2 37 i 3 12.1 MEASUREMENT AND PAYMENT 37 12.2 Curb and Gutter 38 12.3 Concrete Flat Slabs 38 12.4 Curb Ramps 38 12.5 Concrete Drainage Channel 35 12.6 Retaining Wall or Curb on Drain Channel or Curb Ramp 39 12.7 Concrete Median 39 12.8 Concrete Street Paving 39 12.9 Sawing and Sealing Joints 39 12.10 Storm Sewer Inlet Boxes and Manholes 40 12.11 Headwalls 40 12.12 Storm Sewer Pipe 40 12.13 Extra Vertical Feet of Manhole 40 12.14 Curb and Gutter Removal 40 12.15 Concrete Slab Removal 41 12.16 2 Sack Flowable Fill 41 12.17 Asphalt Paving 41 12.18 Asphalt Paving Repair 41 12.19 Excavation and Grading 42 12.20 Ditch Grading and Unpaved Street Surface Grading 42 13.1 STANDARD DETAILS 43 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 4 Page Intentionally Left Blank CITY OF LUBBOCK PUBLIC WORKS ENGLNEERING STANDARD PAVING SPECIFICATIONS 1.1 GENERAL The construction and materials for any City of Lubbock Public Works Engineering project shall conform to the following specifications and associated plan sheets. Any construction or materials failing to meet the requirements of these specifications or the plan sheets shall be removed and replaced at the Contractor's expense. No consideration will be given to requests for reduced payments, except as specified or extended warranties for construction or materials not in conformance with these specifications or the plan sheets. The Engineer may require certificates from manufacturers certifying that materials or equipment to be incorporated into the work meet these specifications. Material Safety Data Sheets (MSDS) shall be required on all materials. All materials or equipment shall be subject to approval by the Engineer before being incorporated into any project. After approval, the source and/or character of materials shall not be changed without written authorization by the Engineer The term Engineer used in these specifications may refer to the City of Lubbock City Engineer or an individual designated by the City Engineer to administer these LJ 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. 'W'hen information indicated on plan sheets is different from these specifications, the information on the plans shall govern. 1.3 WARRANTY AND ACCEPTANCE All equipment, materials, and construction incorporated into any project covered by these specifications shall be guaranteed against defective material and workmanship. Prior to final acceptance, the contractor shall furnish to the Engineer, a Maintenance Bond which shall provide that the contractor shall remedy any defects in the work, and pay for any and all damages of any nature whatsoever resulting in or from such defects when such defects appear within one year from the date of acceptance of the work. The determination of the necessity during the warranty period for the contractor to repair or replace the work in whole or in part shall rest with the Engineer. 1.4 TESTING AND INSPECTION All work shall be inspected and/or tested by a representative designated by the Engineer, who shall have the authority to halt construction when, in his opinion, construction is being performed contrary to these specifications or associated plans. Whenever any portion of these specifications or associated plans is violated, the Engineer may order that portion of construction that is in violation to cease until such violation is corrected. Contractor shall cooperate with the Engineer in providing for sampling and testing procedures. In the event City tests indicate out of specification materials, additional tests may be provided by the contractor at his expense. Conflicting tests provided by the contractor will not automatically be considered as compliance with specifications, but will be considered only as additional information to be used by the Engineer to determine the compliance of the material or construction in question. The testing and inspection provided by the City is intended only to verify that materials and construction comply with plans and specifications. The City's testing and inspection are not intended to replace the contractor's responsibility to comply with the specifications. With respect to new material sources, or where the City lab has determined materials do not meet specifications, the City will not re -test until the contractor has provided his own testing to demonstrate the materials and construction are in compliance with the plans and specifications. Upon completion of construction, the contractor shall flood all paving improvements within the project. Any improvements holding water one quarter inch or more in depth, or extending more than 10 feet in length shall be removed and replaced. 1.5 CLEANUP AND SITE RESTORATION After any construction covered by these specifications is completed, the Contractor shall remove all equipment, surplus materials, and rubbish from the site. The contractor shall restore all disturbed areas to their original condition satisfactory to the Engineer. 1.6 NOTIFICATION OF PROPERTY OWNERS The contractor shall be responsible for maintaining positive communication with adjacent property owners. The contractor shall notify all affected property owners with respect to pending construction, restricted access, and driveway locations. 1.7 PROTECTION OF UTILITIES AND IRRIGATION SYSTEMS The plans show only approximate locations of utilities as obtained from various utility companies. It is not implied that all utilities or accurate locations are shown on the plans. It is the contractor's responsibility to familiarize himself with all utilities and locations. The contractor shall comply with all laws, ordinances, and regulations with respect to utility notification and protection, including Underground Facility Damage Prevention Notification Centers. The contractor shall call DIG TESS 1-800-545-6005 and provide time for all utilities to be identified prior to construction. On all projects the contractor shall exercise care not to damage any sanitary sewer pipe, manholes, storm sewers, water lines, valves and boxes, communication cables, power cables, gas Iines, 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 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%, minus 1.5% to plus 3%, 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. 8 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 UtiIity 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 S 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. 9 The City Engineer will approve or reject the mix design and materials based on these submittals. This approval shall be subject to additional testing during construction. Mix designs for various classes of concrete shall conform to the following: Minimum Sacks Maximum Gal Maximum Slump Class Cement per CY Water per Sack Inches A 5.0 6.5 5 B 5.5 5.5 5 C 6.0 6.0 3 D 4.5 6.5 5 E 7.0 5.0 As specified by concrete batch plant 2.4 STRENGTH REOUIREMENTS The various classes of concrete- shall conform to the following minimum strengths in psi as determined by the average of two test cylinders or beams. When cores are subsequently used to prove compressive strength where test cylinders indicate failures, the cores will be tested in accordance to ACI C42. The required compressive strength shall be increased by 10%. COMPRESSIVE FLEXURAL Class 3 Day 7 Dav 28 Dav 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, or Type III cements, conforming to ASTM C 150 "Standard Specification for Portland Cemenf'. 10 2.6 AGGREGATE Concrete aggregate shall consist of natural, washed and screened sand, and washed and screened gravel or clean crushed stone conforming to ASTM C 33. The aggregates shall be well graded from coarse to fine with a maximum size of 1-1/2 inches, and shall conform to ASTM C 136. All aggregate shall be free injurious amounts of clay, soft or flaky materials, loam, organic impurities, or other deleterious materials. Coarse aggregate for Class C or E concrete shall be crushed limestone (Brownwood type or equivalent). Crushed gravel will be allowed if on the TxDOT Quarterly Monitoring Program, or if specifically approved by the engineer. 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 l -3A inch 0 No. 4 0-5 1-1 /2 inch 0-5 No.16 20-55 3/4inch 10-40 No. 30 45-75 1/2 inch 40-75 No. 50 70-90 No. 4 95-100 No. 100 98-100 Aggregate Quality Requirements shall comply with TxDOT Item 302 as follows: Deleterious Material 2.0% maximum Decantation 1.5% maximum Flakiness Index 17 maximum Magnesium Sulfate Soundness 25% 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 at his expense. 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 Class C Ash and Natural Pozzolans in conformance with ASTM C 618 may be used with Types I, II, and III, Portland Cement. 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 a maximum of 30% by weight of the cement. 2.10 REINFORCING MATERIALS GENERAL - All concrete, including 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 12 ? is 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. ' 13 Valley gutters and fillets shall be constructed with tooled construction joints. The joints shall be sealed xvzth an elastomeric system as indicated in section 2.12. 2.12 JOINT SEALING MATERIALS Bituminous premolded expansion joint material shall conform to ASTM D 1751. and shall be placed as indicated on plan sheets or elsewhere in these specifications. Elastomeric sealant for contraction joints shall be, or shall be equivalent to, W.R. Meadows "SOF-SEAL'", W.R. Meadows #158 cold applied, or "GARDOX" as required by plan sheets. Hot poured sealant for joints between Portland cement concrete and Bituminous concrete shall conform to ASTM D 3405. Hot poured joint sealant for all other joints in Portland cement concrete pavement, shall conform to ASTM D 3406. Cold poured joint sealant shall conform to ASTM C 920. Elastomeric joint sealant shall be mixed and applied in accordance v4rith the manufacturer's recommendations. Prior to application, joints shall be cleaned by sandblasting and otherwise prepared so that the sealant adheres to the surfaces to form an effective seal against moisture and solid particles. The sealant shall be a soft, highly flexible, rubber like material after curing which shall not track, flow, crack, or break when exposed to hot and cold temperature extremes typical of local conditions. Backer rod used with elastomeric sealant shall be 25% greater in diameter than the joint width. It shall be made of polyethylene foam or other material as recommended by the sealant manufacturer. Compression of the backer rod material shall be approximately 25% shrinkage at 8 psi applied stress. The material shall not melt, shrink, evaporate, or absorb water, and shall be compatible with the application of the sealant to be used. 2.13 CURING COMPOUNDS All fresh concrete surfaces shall be completely painted with a liquid membrane forming curing compound and the application shall conform to DMS - 4650 and TxDOT Item "Concrete Structures - Curing Materials". No other methods of moisture retention on fresh concrete shall be used unless specifically approved by the Engineer. 2.14 FORMS FOR CONCRETE Forms for concrete construction shall be set to the lines and grades established by the Engineer after subgrade has been prepared. The forms shall be held together and in place in such a manner that they will not move during the placing and working of the concrete. The forms shall be cleaned and oiled prior to placing concrete. Face forms and construction joints (removable metal plates) shall be set to hold the concrete in place until it is to be finished. Forms that are warped or damaged in any manner so as to make them unacceptable to the Engineer shall not be used. Forms for radii shall be set in the same manner as straight forms, and shall be set to produce curves true to the plans. Face forms will not be required for curb and gutter on radii if a true section can be obtained by other methods acceptable to the Engineer. 2.15 PLACING AND FINISHING CONCRETE Placing of concrete shall not start before sunrise, and shall stop one hour before sunset. Concrete shall be placed as close to its proper location as practical. Sufficient concrete shall be placed to allow for shrinkage and extra material for finishing. The concrete shall be floated and troweled to the approximate section. No water shall be added during placement or finishing of any concrete, unless specifically authorized by the Engineer. When water is needed for finishing purposes it must be dispensed by a pressurized canister with a misting nozzle. For curb and gutter removal of face forms and finishing shall be started after a partial set occurs. For all concrete construction approved forms, templates, and tools shall be used to form the cross -sections indicated on plan or detail sheets. Concrete shall not be placed when the ambient temperature is below 40 degrees F or if sustained winds are 25mph or higher as determined by the National Weather Service continuous broadcast, 748-1071 selection 2. If, while pouring concrete, the sustained winds exceed the 25mph all placement operations will cease immediately. Concrete shall not be placed on frozen subgrade. The contractor shall have available sufficient covering material, approved by the Engineer, to immediately protect concrete should the air temperature fall below 33 degrees F. This protection shall remain in place as long as the temperature continues below 32 degrees, to a maximum of 5 days. No salt or other chemical admixtures shall be added to the concrete to prevent freezing. All concrete placed for pavement shall be consolidated by use of mechanical vibrators approved by the Engineer and designed to vibrate the concrete internally. Vibrators shall be operated in a manner not to interfere with joints, and shall not come in contact with forms. The surface of concrete street paving shall incorporate a tined finish. All other concrete surfaces shall be completed with a light broom finish. When forms are used for concrete paving the forms must stay in place for 3 days or until the concrete reaches 2400 psi. Wreck sets will be made by the City of Lubbock inspectors. Finished concrete surfaces shall not have irregularities in excess of 1/8 inch when tested 9 with a 10 foot straightedge. Prior to acceptance, the contractor shall apply sufficient water to all concrete and paving to determine locations of ponding. Ponded areas shall be 15 removed and replaced. Any concrete construction damaged by equipment, tools, vandals, or other influences shall be replaced at the contractor's expense. 3.1 SUBGRADE Subgrade material for concrete or asphalt construction shall consist of suitable native soil or off site soil, free from vegetation or other objectionable matter. All unstable or objectionable material shall be removed from the subgrade and replaced with approved material. The material shall be suitable for forming a stable embankment and shall meet the following requirements: Liquid Limit 45 maximum Plasticity Index 5 minimum and 20 maximum Linear Shrinkage 2 minimum and 10 maximum Subgrade material which does not meet the above requirements may be conditioned with lime, sand or caliche screenings. The conditioning shall produce a uniform subgrade material which meets all of these specified subgrade requirements. All testing of subgrade will be completed prior to any placement of curb and gutter. Subgrade will be processed the entire width of the roadway including under the curb and gutter section. Subgrade shall be prepared in conformance with the lines and grades shown on the plans, or as directed by the Engineer, by scarifying and compacting to a minimum of 95% of Standard Proctor Density at optimum moisture content plus or minus 2%. Subgrade shall be constructed in maximum of 6 inch lifts. The total thickness of the subgrade shall be 6 inches minimum for streets 36 feet wide or less, 12 inches minimum for streets greater than 36 feet wide, or as indicated on plan sheets. The compaction method for subgrade shall provide for each lift to be compacted to the specified density using appropriate equipment. After each section of subgrade is complete, moisture/density testing will be performed by The City of Lubbock inspection staff. At any time the City Engineer may require proof rolling on streets or alleys writh a 25 ton pneumatic roller, to test the uniformity of compaction. Rollers will be completely loaded with water or wet sand to ensure they meet the manufacturer's weight requirements. All utility ditches shall be determined to be stable prior to construction of subgrade over such utility ditch. Any fill placed within existing or proposed street right of way in execution of an approved cut and fill plan shall meet these specifications for materials and construction. 16 1, Cut and fill operations shall comply with Chapter 25 of the City of Lubbock Code of Ordinances. Subgrade which has become wet, or otherwise altered, after completion may be subject to retesting and reprocessing as determined by the Engineer. 4.1 FLEXIBLE BASE (CALICHE) The material for flexible base shall consist of crushed caliche, limestone, calcareous clay particles, conglomerate, gravel, sand, or other approved granular materials produced from oversize quarried aggregate, sized by crushing and produced from a naturally occurring single source. Blending of sources shall be allowed only if all sources individually meet the requirements of these specifications. if material characteristics within the approved source change, the material shall be subject to retesting and re -approval prior to continued use. The Contractor shall not change material sources without approval by the Engineer. All base material sources are subject to approval by the Engineer. Approved sources that do not test consistently within the limits of these specifications during construction may be rejected by the Engineer. 4.2 MATERIAL TESTS Flexible base material shall conform to the following test requirements: Sieve Analysis Sieve Size 2-1/2" 1-3/4" 7/8" 3/8" #4 #40 %Retained 0 0-10 10-35 30-50 45-65 70-85 Atterberg Limits Material passing the No. 40 Sieve shall be known as "Soil Binder" and shall meet the following requirements: Liquid Limit 45 maximum Plasticity Index 15 maximum and 3 minimum Linear Shrinkage 10 maximum Wet Ball Mill When tested in accordance with Tex-116-E (Wet Ball Mill) the base material shall have a value not to exceed 50. The percent of material passing the #40 sieve shall not increase by more than 30 during the test. 17 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 100% minimum of Standard Proctor Density with a moisture content of 1 % above to 2% below optimum. Densities will be taken by The City of Lubbock inspection staff. 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 sheep's 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 preceding the application of the surface treatment. All loose or unconsolidated material shall be removed and the surface moistened and rolled with a steel wheel roller. 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. 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. 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. Locations of Cores, when required, will be determined by City of Lubbock personnel and marked. The ASB will be cored by the City inspection staff 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. i 5.2 ASB MIX DESIGN ASB shall be designed in accordance to TXDOT 340 specifications Type B (fine base) using the Texas gyratory compaction method (TX206-F).The contractor shall provide a current mix design, less than one year old, using the approved materials indicating gradation and optimum asphalt content. The aggregate mixture shall conform to the following master gradation: Sieve Size I" 3/4" 3/8 #4 #8 #30 #50 #200 VIVIA % Passing by Weight: 0 98-100 60-80 40-60 29-43 13-28 6-20 2-7 12% plant 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. Optimum asphalt shall be determined in accordance with design method TX204-F, with a target density of 96.5% lab molded density. Asphalt content tolerances will be plus or minus .3%. Outside these parameters corrective action must be taken immediately, over .5% shall require immediate cease of production. No more than 20% RAP will be allowed in ASB designs. The percent asphaltic material shall be determined in accordance with Test Method Tex.-236F. Asphalt for the mixture shall meet the requirments of TxDOT Item "Asphalt, Oils, and Emulsions", and must be a performance graded (PG) 70-28 or better. 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 Job- Mix Formula during production shall not vary from the design more than 0.3% dry weight based on total mixture. 5.3 PLACING ASB Asphalt Stabilized Base shall be placed and compacted in 3 inch lifts to form the specified thickness of 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, less than 50 degrees F ambient or 60 degrees surface temperature. 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 laid on the approved prepared surface using an approved laydown 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 consistently between 92% and 95% (but must be between 90% and 97%) of the theoretical maximum gravity with a lab molded target of 96.5% plus or minus 1%. All results will be calculated using the maximum theoretical Rice gravity. Lab molding will take place in accordance to the asphalt manufacturer's recommended temperature. Rolling patterns shall be set by using a thin lift nuclear gauge in order to ensure maximum compaction. All roller marks shall be removed and compaction completed prior to the ASB mixture cooling below 185 degrees F. 6.1 HOT MIX ASPHALT CONCRETE SLTRFACE (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 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. 20 i Mix designs will be in accordance with TX204-F with a lab molded density of 96.0% using the Texas gyratory compaction method. With a target VMA (voids in mineral aggregate) to be determined according to type of HMAC utilized. New designs shall be submitted annually, or when material properties change. The contractor's plant and equipment are subject to approval by the Engineer, and shall be appropriate and in suitable condition to produce the HIVIAC 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 and 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 in accordance with DMS-6350, 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 1 dosage.and temperature range. Core locations will be marked and cored at random locations by the City of Lubbock personnel. Cores must be at least l - '/4" prior to being trimmed. A minimum of 2 cores/600' block will be taken to determine compaction, thickness, and density. Cores will be taken in pairs and averaged to determine the percent air voids based on the theoretical maximum gravity. HMAC surface found to be deficient shall be corrected at the contractor's expense as directed by the Engineer. The contractor shall replace the pavement removed from core holes immediately after testing at no cost to the City. 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 .r 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 21 n, using methods specified in TXDOT Item 585 Ride Quality for Pavement Surfaces, Type A. - 6.3 MIX DESIGN The contractor shall provide a current HMAC mix design using the approved materials, indicating gradation and optimum asphalt content as determined by Test Method Tex 204f. The aggregate mixture shall conform to the following master gradation: Tune "C" (Coarse Graded Surface Course - Streets greater than 36 feet wide Percent passing 7/8" 100 Percent passing 5/8" 95-100 Percent passing 3/8" 70-85 Percent passing No. 4 43-63 Percent passing No.10 30-40 Percent passing No. 40 10-25 Percent passing No. 80 3-13 Percent passing No. 200 1-6 VMA Design Minimum 14% Plant Produced Minimum 13% Tvne "D" ( Fine Graded Surface Course - Streets 36 feet or less wide Percent passing 5/8" 100 Percent passing 3/8" 85-100 Percent passing No. 4 50-70 Percent passing No.10 30-40 Percent passing No.40 11-26 Percent passing No. 80 4-14 Percent passing No. 200 1-6 VMA Design Minimum 15% Plant Produced Minimum 14% Lab molded density will be plus or minus 1.0% of design before corrective action is required. Plus or minus 1.5% will require immediate cease in production operations with removal and replacement of HMAC laid at that location. Production lAill cease until which time the contractor has sufficiently proven they have taken corrective actions. Asphalt content will be plus or minus 0.3% before corrective action is required. Plus or minus 0.5% will require immediate cease in production operations with removal and replacement of HMAC laid at that location. Production will cease until which time the contractor has sufficiently proven they have taken corrective actions. 22 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 contractor's materials and mix design shall meet all the performance criteria addressed in these specifications. 6.4 COARSE AGGREGATE Only coarse aggregate approved for usage must be on the TXDOT source rating catalog. 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. 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". Decantation will be a maximum of 1.5%. Deleterious will be a maximum of 1.5%. Coarse aggregate shall have a maximum loss of 20% when subjected to 5 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 1.5 percent. When subjected to the Los Angeles Abrasion Test, the coarse aggregate shall not have a loss greater than 40 percent by weight. 111"i , 23 6.5 FINE AGGREGATE The fine aggregate is defined as that part of the aggregate passing the No. 10 sieve and shall be of uniform quality throughout. A maximum of 15% of the total virgin aggregate may be field sand or other crushed fine aggregate. Screenings shall be of the same or similar material as specified for coarse aggregate. Linear shrinkage shall be a maximum of 3% 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 passing on No. 30 Sieve 95-100 Percent passing on No. 80 Sieve 75 minimum Percent passing on No. 200 Sieve 55 minimum 6.6 ASPHALT Asphalt shall be a Performance graded (PG) 70-28 or better, unless otherwise shown on plans. The contractor shall notify the Engineer of the source of asphaltic material for approval prior to production of the asphaltic mixture. Optimum asphalt content will be determined by Test Method TEX 204-F. The contractor may select a JMF asphalt content which yields 96% compaction provided it is within 0.3% of the design. Asphalt content will be plus or minus 0.3% of design during production. When asphalt content falls outside these parameters immediate action is required. If at anytime the asphalt content falls to .5% immediate cease in production will take place until which time the contractor has provided sufficient evidence of the problem being corrected. 6.7 PRODUCTION AND PLACEMENT OF HMAC Prior to production beginning, contractor must submit in writing a job mix formula (JMF) for the mix design they want to run on that project. The JMF will be held to tolerances as outlined. Description Difference j from JMF Difference from city j Individualpercent retained for #10 sieve and larger f5.0% ! f5.0% Individual percent retained from #104200 f3.0% i -3.00/(o Percent passiRg #200 ! f2.0% I ±1.6% i Asphalt content percentage f.3% f.3% Laboratory molded density ercen a 24 HMAC surface constructed compacted thickness: Type D 1.5 inches minimum 2.5 inches maximum Type C 2.0 inches minimum 3.5 inches maximum. The pavement shall be constructed on the previously approved base. Placing of HMAC shall not start until 30 minutes after sunrise, and must stop and all equipment off the right of way 30 minutes prior to 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 plus or minus 25 degrees F from 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. When weather is producing high winds, contractor must provide a water truck in order to keep the blowing dust down. If the sustained winds reach 25 mph, all concrete and hotmix operations will cease production immediately. 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. 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. 25 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 approved tack coat before the fresh mixture is placed. 6.8 COMPACTION HMAC surface compaction shall be consistently be between 92% and 95%, but must be between 90% to 97%, of the theoretical maximum gravity (Rice gravity). Using appropriate rollers approved by the Engineer, the pavement shall be compacted thoroughly and uniformly. 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. I i r � 26 rt 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 l /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, and cured 72 hours, 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. Prime coat will not be used as a tack coat. 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 coat should be MC 30 or AEP, the tack coat shall be asphalt materials such as PG. AC-10, 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. 6.11 RELEASE AGENTS Diesel shall not be used as a release agent. Only approved agents (such as Black Magic or equivalent) will be used. Diesel will not be permitted to be used on any tools or machinery that comes into contact with the HMAC. 27 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. 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 J6, thickness as required. Wood in Contact with Earth — Pressure treated woods. Wood not in Contact with Earth — Soft or hardwood as required. 34 8.1 FENCES Unless otherwise indicated on plans, existing fences which must be adjusted or relocated shall be reconstructed using the same or equivalent materials, height, and construction in the proper location. The contractor shall remove existing fence and either store for reuse or legally dispose of the fence materials, whichever is appropriate. New fence construction shall be in accordance with specifications and details included on plan sheets. 9.1 SALVAGE OF ASPHALT PAVING All salvage asphalt material shall be broken into pieces not more than 1 inch in size and stockpiled at a location indicated in the plans. Any non -asphaltic materials, such as flexible base and soil, shall be kept separated from the salvaged asphalt. 10.1 BARRICADES Prior to starting work on any project covered by these specifications, the contractor shall submit a 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. 35 11.1 PROSECUTION OF THE WORD AND WORKING DAYS During the period the contractor is directing traffic over the base, the surface shall be satisfactorily maintained by the use of sprinkling and blading as required, so that no hazard will result. The base course shall be maintained until the wearing surface is placed thereon. At no time during the period of construction shall driveways and/or alleys be left impassable between the night hours of 6:00 PM to 6:00 AM, except during the construction of curb and gutter for which the driveways and/or alley's shall remain closed not more than 4 days. No work will be performed after dark or before daylight. 11.2 WORKING DAYS DEFINITION City contracted paving projects will be based on working days allowed. No requests for extensions of time will be considered. A working day is defined as a calendar day, not including Saturdays, Sundays, or City of Lubbock designated holidays, in which weather or other conditions beyond control of the contractor will permit the performance of the principal unit of work for a continuous period of not less than 7 hours between 7:00 am and 6:00 pm. Work on Saturdays, Sundays, or City of Lubbock designated holidays must be authorized by the Engineer (see item 11.3). For each Saturday, Sunday, or City of Lubbock designated holiday on which the Contractor chooses to work and has authorization from the Engineer to work, 1 day will be charged against the contract working time when conditions will permit at least 7 hours of work as described above. Work on Sunday will not be authorized except in cases of extreme emergency, as determined by the Engineer. Working days will be considered to begin on the effective date stated in the Notice to Proceed, unless the contractor is unable to begin work on that date due to factors bevond his control as determined by the Engineer. In that event, time charged against the project will begin on the date the contractor could first work a minimum of 7 hours as described above. 36 f 1 The Engineer will furnish the contractor a monthly statement showing the number of working days used and the working days remaining. The contractor shall be allowed 10 calendar days in which to protest the correctness of each statement. The protest shall be in writing, addressed to the Engineer, and shall indicate basis of the protest. The Engineer shall respond to the protest within 10 calendar days of receiving the protest. Failure to file a protest within the allotted 10 days for any statement shall indicate the contractor's approval of the time charges as shown on that period's time statement, and future consideration of that time statement will not be permitted. 11.3 WORK BETWEEN NOVEMBER 1 AND JANUARY 2, AND ON OTHER HOLIDAYS If conditions are such that, in the opinion of the Engineer, construction will negatively affect local businesses during holiday periods, the Engineer may suspend construction operations from November 1 to January 2. The City of Lubbock observes specific holidays, and City staff is not required to work those days. As standard procedure, construction operations that require testing/inspection may not be performed on those holidays. If the contractor needs to perform construction operations that require City personnel on holidays, the contractor shall make a written request for authorization to work from the Engineer. The request shall state the reason the work is necessary, and shall state that the contractor agrees to pay the City for the related personnel expenses including salary, overtime, and benefits. If City personnel are available, the Engineer may approve the request. 12.1 MEASUREMENT AND PAYMENT The unit price bid on each item as stated in the bid proposal shall include furnishing all labor, superintendence, machinery, equipment, and materials, except as otherwise specified, necessary or incidental to complete the various items of work in accordance with the plans and specifications. Cost of work or materials shown on the plans or called for in the specifications and on which no separate payment is made shall be included in the bid prices on the various pay items. Payment will not be made for any item that is not complete, including all associated incidental work. All of the items covered by these standard specifications may not be included in a particular project. Only those items indicated on bid documents and plan sheets shall be included for construction and payment. 37 12.2 CURB AND GUTTER Measurement Will be made of the linear feet of separate curb and gutter actually constructed. Separate 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 wiII be paid for at the unit price bid per square foot for each specific type of slab. Curb on driveways, alley returns, and valley gutter fillets shall be included in the area measured for the slab and will not be paid as separate item curb and gutter. 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. The sidewalk and landing adjacent to the actual ramp section with slope less than 1:20 is not included as part of the ramp, and will be paid for as sidewalk under section 12.3. 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 atthe 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. 38 t 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. 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. t 39 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. 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 per linear foot 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 finishing and installing all materials and all incidentals necessary to complete the work. 12.14 CURB AND GUTTER REMOVAL Measurement will be made of the linear feet of curb and gutter actually removed. Payment will be made at the unit price bid per linear foot of curb and gutter removed. The 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. 40 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. 12.16 1-1/2 SACK FLOWABLE FILL Quantities of 1-1/2 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 1-1/2 sack flowable fill. The unit price bid shall include furnishing and placing the material and all incidentals necessary to complete the work. 12.17 ASPHALT PAVING Measurement will be made of the area, in square yards, of asphalt paving actually constructed. Payment will be made at the unit price bid per square yard. The unit price bid shall include furnishing and installing all materials, subgrade preparation, construction of caliche or asphalt stabilized base as specified, excavation, filling, tack and prime coats, HMAC surface, emulsion seal, and all incidentals necessary to complete the work. 12.18 ASPHALT PAVING REPAIR Measurement will be made of the area, in square yards, of in place asphalt paving repair. Payment will be made at the unit price bid per square yard of paving repair. The unit price bid shall include furnishing and placing all asphaltic materials, sawing of existing paving edges, smoothing and preparation of the existing base, flowable fill if required, tack and prime coats, compaction, and all incidentals necessary to complete the work. 41 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 till 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 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. 42 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 CURB FACE TO CURB FACE ABOVE GUTTER 22 feet 0.32 feet 24 feet FJ 0.35 feet 26 feet 0.37 feet _ 28 feet 0.40 feet 30 feet 0.42 feet 32 feet 0.45 feet 36 feet 0.50 feet 42 feet 0.57 feet 46 feet 0.62 feet 52 feet 0.69 feet 64 feet 0.85 feet 66 feet 0.86 feet 86 feet 1.14 feet 88 feet 1.15 feet All street paving shall incorporate a centerline crown at the listed elevation unless otherwise indicated on plans, or as directed by the Engineer. The widths listed above refer to the total proposed future full width of street. 43