Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
Home
My WebLink
About
Resolution - 2009-R0278 - Contract - Allen Butler Construction- Intersection Improvements, 34Th_University - 07_28_2009 (2)
Resolution No. 2009—RO278 July 28, 2009 Item No. 5_15 RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock, Unit Price Construction Contract No. 9057 for Intersection Improvements at 34`h Street and University Avenue per ITB #09-727-BM, by and between the City of Lubbock and AIlen Butler Construction of Ransom Canyon, 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 28th day of July '2009. IM GILBREATH, MAYOR PRO-TEM ATTEST: ARecc%SC: a17.a. City Secretary APPRO'VT-,D AS TO CONTENT: Jam2vortation Loomis, Assistant City Manager I and Public Works APPROVED AS TO FORM: Chad Weaver. Assistant City Attorney vw/ccdocs/Chad/Resolutions/RES.Contract-Allen Butler Construction, Inc. July 20, 2009 No Text ITB # 09-727-BM. Addendum # I City of Lubbock PUBLIC WORKS CONTRACTING OFFICE ROOM 204. MUNICIPAL BUILDING 1625 13T" STREET LUBBOCK. TEXAS 79401 PH: (806) 775-2163 FAX: (806) 775-2164 http:Hpurchasing.ci.l ubbock. tx.us DATE ISSUED: CLOSE DATE: ADDENDUM # I ITB # 09-727-BM Intersection Improvements At 34th Street and University Avenue July 9, 2009 July 14, 2009 @ 1:00 P.M. The following items take precedence over specifications for the above named Invitation to Bid (ITB). Where any item called for in the ITB documents is supplemented here, the original requirements, not affected by this addendum, shall remain in effect. 1. Boring Logs are attached. 2. REVISED BID SUBMITTAL FORM is attached. It includes new item, deletes an item and provides quantity changes. All requests for additional information or clarification must be submitted in writing and directed to: Bruce MacNair, Public Works Contracting Officer, City of Lubbock, P.O. Box 2000, Lubbock, Texas79457 Questions may be faxed to (806)775-2164 or Etnail to bmacnairnmylubbock.us . THANK YOU, CITY OF LUBBOCK Bruce MacNair, Public Works Contracting Officer It is the intent and purpose of the City of Lubbock that this request permits competitive bids. It shall be the bidders responsibility to advise the City or Lubbock Public Works Contracting Officer if any taneuaee. 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 Public Works Contracting Officer no later than five (5) business days prior to the bid close date. A review of such notifications will be made. ITB # 09-727-BM-Ad-I B-1 1 B-2 •r B-3 r B-4 34" Street 1 LOG OF BORING Project: 34th Street and University Drive Intersection Improvements Project No.: DG-08-17880 Boring No.: B-1 Date: 5/14/2009 Elevation: Groundwater during drilling: -- Latitude: -- Station: -- Groundwater after drilling: --- Longitude: -- Offset: -- ELEV. SOIL SYMBOLS W w � SHEAR STRENGTH, TSF DEPTH, SAMPLER SYMBOLS SOIL/ROCK CLASSIFICATION va g Z a oa- '+ } 0.5 1.0 1.5 2.0 FEET AND FIELD TEST DATA ae Z 0 MOISTURE O CONTENT, % PLASTIC LIMIT ILIQUID LIMIT 10 20 30 40 50 60 70 BO 90 G7--B 10.14.14 10 9-9-10 15 20 ASPHALT iv" ........................................................................ '� ROAD BASF:.�"............................... r Stiff to very stiif, ... red and .yello..w.ish . . . red . . SAND . . . . Y L.EAN CLAY (CL) 53 97 ' 25 Shear Types: • = Hand Penet. See Plate 3 for boring location. 59 ■ = Torvane • = Unconf. Comp. X = UU Triaxial PLATE 4 A%% 0CI ATFN LOG OF BORING Project: 34th Street and University Drive Intersection Improvements Project No.: DG-08-17880 Boring No.: B-2 Date: 5/14/2009 Elevation: Groundwater during drilling: --- Latitude: — Station: -- Groundwater after drilling: --- Longitude: -- Offset: U) ELEV. SOIL SYMBOLS w SHEAR STRENGTH, TSF DEPTH, SAMPLER SYMBOLS SOIL/ROCK CLASSIFICATION a8 oa f — K L N y 0.5 1.0 1.5 2.0 FEET AND FIELD TEST DATA O MOISTURE O CONTENT, % PLASTIC LIMIT 1-- i LIQUID LIMIT 10 20 30 40 50 60 70 80 90 0 AsplaALr r• .. ROAD _BASE 4.5"......................................... . Stiff to very stiff, red and brown SANDY LEAN CLAY (CL) 52 1111 5.6-8 1 - w/ traoe caliche below 5' ........................................... ....................... 10-14-15 Medium dense to dense, gray and brown CLAYEY SAND (SC) 41 10 10-15.19 15 .20 m Shear Types: • = Hand Penet. J O N See Plate 3 for boring location. J • ■ = Torvane A = Unconf. Comp. X = UU Triaxial PLATE 5 LOG OF BORING Project: 34th Street and University Drive Intersection Improvements Project No.: DG-08-17880 Boring No.: B-3 Date: 5/15/2009 Elevation: Groundwater during drilling: -- Latitude: -- Station: — Groundwater after drilling: --- Longitude: -- Offset: — }} ELEV. SOIL SYMBOLS fn N za SHEAR STRENGTH, TSF DEPTH, SAMPLER SYMBOLS SOIUROCK CLASSIFICATION ¢o oa FEET AND FIELD TEST DATA CS1 a 0 > 0.5 1.0 1.5 2.0 MOISTURE O CONTENT, Z O PLASTIC LIMIT ; LIQUID LIMIT 10 20 30 40 50 60 70 80 90 0 ASPHALT 1p.6" ..ROA.6."............................................... . ... � Very stiff, red SANDY LEAN CLAY (CL) -5 4 -10 -15 N Medium dense, red and yellowish red'CLAYEY SAND (SC) 41 117 ..................................................................... Stiff, gray and yellowish SANDY LEAN CLAY (CL) Shear Types: 0 = Hand Penet. J a See Plate 3 for boring location. 3 0 • ■ = Torvane • = Unconf. Comp. X = UU Triaxial PLATE 6 .ASS OCIAT[ N LOG OF BORING Project: 34th Street and University Drive Intersection Improvements Project No.: DG-08-17880 Boring No.: B-4 Date: 5/15/2009 Elevation: Groundwater during drilling: --- Latitude: -- Station: Groundwater after drilling: --- Longitude: -- Offset: -- ELEV. SOIL SYMBOLS W Z W N r N SHEAR STRENGTH, TSF DEPTH, SAMPLER SYMBOLS SOIL/ROCK CLASSIFICATION v i < g W U 0 a �---i — ME- a w y 0.5 1.0 1.5 2.0 MOISTURE O CONTENT, % FEET AND FIELD TEST DATA aR Z PLASTIC LIMIT ILIQUID LIMIT 1n 20 30 40 50 80 70 80 90 if//�VI® 11-9-15 -10 8-10-15 -15 - 20 ASPHALT 8" ................................................................ ROAD BASE 5,5 ................. Stiff 6 very still, red and yMin wish red SANDY LEAN CLAY (CL) Shear Types: • = Hand Penet. See Plate 3 for boring location. 50 50 ■ = Torvane • = Unconf. Comp. X = UU Triaxial PLATE 7 1.so;inrr> SOIL SYMBOLS SAMPLER TYPES Soil Types , Thin Walled O No Recovery Shelby Tube X 1111111 .. Clay Silt Sand Gravel �+ Split Barrel 7 Auger ' • Modifiers - Liner Tube Jar Sample Clayey Silty Sandy Cemented Construction Materials WATER LEVEL SYMBOLS `� —A n- -_i Groundwater level determined during ^ ^ ^ ^�✓? drilling operations ==cep ✓. A A n. '1 r ". ^AAI% . .� Asphaltic Stabilized Fill or Portland :-- Groundwater level after drilling in Concrete Base Debris Cement open borehole or plezometer Concrete SOIL GRAIN SIZE Particle Size or Sieve Classification Particle Size No. (U.S. Standard) Clay < 0.002 mm < 0.002 mm Silt 0.002 - 0.075 mm 0.002 mm - #200 sieve Sand 0.075 - 4.75 mm #200 sieve - #4 sieve Gravel 4.75 - 75 mm #4 sieve - 3 in. Cobble 75 - 200 mm 3 in. - 8 in. Boulder > 200 mm > 8 in. DENSITY OF COHESIONLESS SOILS CONSISTENCY OF COHESIVE SOILS Penetration Undralned Shear Descriptive Resistance "N" * Consistency Strength (tsf) Term Blows/Foot Very Soft 0 - 0.125 Very Loose 0-4 - Soft 0.125 - 0.25 Loose 4 - 10 Firm 0.25 - 0.5 Medium Dense 10 - 30 Stiff 0.5 - 1.0 Dense 30 • 50 Very Stiff 1.0 - 2.0 Very Dense > 50 Hard > 2.0 PENETRATION RESISTANCE 3/6 Blows required to penetrate each of three consecutive 6-inch increments per ASTM D-1586 50/4" If more than 50 blows are required, driving is discontinued and penetration at 50 blows is noted 0/18" Sampler penetrated full depth under weight of drill rods and hammer * The N value is taken as the blows required to penetrate the final 12 Inches TERMS DESCRIBING SOIL STRUCTURE Slickensided Fracture planes appear polished or Intermixed Soil sample composed of pockets of glossy, sometimes striated different soil type and laminated or Fissured Breaks along definite planes of fracture stratified structure is not evident with little resistance to fracturing Calcareous Having appreciable quantities of calcium Inclusion Small pockets of different soils, such carbonate as small lenses of sand scattered Ferrous Having appreciable quantities of iron through a mass of clay Parting Inclusion less than 1/4 inch thick Nodule A small mass of irregular shape extending through the sample Seam inclusion 1/4 inch to 3 inches thick extending through the sample WIWI R&nyArim Ix D..A.. IN" 5-J7 >u • wlr- Layer Inclusion greater than 3 inches thick extending through the sample Laminated Soil sample composed of alternating KEY TO TERMS AND SYMBOLS partings of different soil type USED ON BORING LOGS Stratired Soil sample composed of alternating seams or layers of different soil type PROJECT NO.: DRAWING NO.: rv-no I voon III A *** REVISED *** BID SUBMITTAL FORM UNIT PRICE BID CONTRACT ' DATE: PROJECT NUMBER: #09-727-BM —Intersection Improvements at 341h Street and University Avenue Bid of (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 Invitation to Bid for the construction of INTERSECTION IMPROVEMENTS AT 34T" STREET AND UNIVERSITY AVENUE, 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. Estimated Item Quantity No. & Unit Description of Item Total Amount 1. 1 LS Mobilization (Maximum 5% of Total Bid) TOTAL ITEM # l : $ /LS( ) (Unit Price Amounts shall be shown in both words and numerals. In case of discrepancy, the amount shown in words shall govern.) 2. 6 MO Prepare and Implement Traffic Control (Includes Barricades, Signs, and Traffic Handling) TOTAL ITEM #2: $ /MO( ) (Unit Price Amounts shall be shown in both words and numerals. In case ofdiscrepancy, the amount shown in words shall govern.) 3. 490 SY Remove Existing Concrete Pavement TOTAL ITEM #3: $ /SY( ) (Unit Price Amounts shall be shown in both words and numerals. In case ofdiscrepancy. the amount shown in words shall govern.) 4. 4,775 SY Remove Existing Asphalt Pavement TOTAL ITEM #4: $ /SY( (Unit Price Amounts shall be shown in both words and numerals. In case of discrepancy, the amount shown in words shall govern.) Bidder's Initials } )_J Item Estimated r No, Quantity 1 & Unit Description of Item Total Amount t; 5. 8,090 SF Remove Existing Sidewalk and Median Pavement TOTAL ITEM #5: $ /SF( ) (Unit Price Amounts shall be shown in both words and numerals. In case of discrepancy, the amount shown in words shall govern.) ¢ 6. 1,820 LF Remove Existing Concrete Curb and Gutter TOTAL ITEM #6: $ . /LF( ) (Unit Price Amounts shall be shown in both words and numerals. In case of discrepancy, the amount shown in words shall govern.) 7. 1 LS Erosion Control Plan and SWPPP Implementation TOTAL ITEM 47: $ /LS( ) (Unit Price Amounts shall be shown in both words and numerals. In case of discrepancy, the amount shown in words shall govern.) 8. 200 CY Unclassified Excavation (Roadway) TOTAL ITEM #8: $ /CY( ) ( Unit Price Amounts shall be shown in both words and numerals. In case of discrepancy, the amount shown in words shall govern.) 9. 5,920 SY 6" Lime Stabilized Subgrade TOTAL ITEM #9: _ - $ /SY (Unit Price Amounts shall be shown in both words and numerals. In case of discrepancy, the amount shown in words shall govern.) 10. 150 TON Lime for Stabilization (Dry) (50 Ibs/SY) TOTAL ITEM #10: $ /TON( ) (Unit Price Amounts shall be shown in both words and numerals. In case of discrepancy, the amount shown in words shall govern.) 11. 5685 SY 9" Concrete Pavement (Class C) (3,600 PSI) TOTAL ITEM #1 I: $ /SY( ) (Unit Price Amounts shall be shown in both words and numerals. In case of discrepancy, the amount shown in words shall govern.) 12. 1,960 LF Monolithic Concrete Curb (Class C) (3,600 PSI) TOTAL ITEM # 12: $ /LF( ) (Unit Price Amounts shall be shown in both words and numerals. In case of discrepancy, the amount shown in words shall govern.) 13. 350 SY 6" Concrete Pavement (Driveways) (Class C) (3,600 PSI) TOTAL ITEM #13: $ /SY( ) (Unit Price Amounts shall be shown in both words and numerals. In case of discrepancy, the amount shown in words shall govern.) 14. 5,180 SF 4" Concrete Sidewalk (Class A) (3,000 PSI) TOTAL ITEM #14: $ /SF( (Unit Price Amounts shall be shown in both words and numerals. In case ofdiscrepancy, the amount shown in words shall govern.) Bidder's Initials '1 i Item Estimated No. Quantity & Unit Description of Item Total Amount 15. 3,250 SF 4" Stamped and Integral Color Concrete (Sidewalk Strip and Medians) (Class A) (3.000 PSI) TOTAL ITEM #15: $ /SF (Unit Price Amounts shalt be shown in both words and numerals. In case of discrepancy, the amount shown in words shall govern.) 16. 995 SY Transitional Type C HMAC Pavement (PG 64-22) TOTAL ITEM # 16: $ /SY( ) (Unit Price Amounts shall be shown in both words and numerals. In case of discrepancy, the amount shown in words shall govern.) 17. 530 SF Sidewalk Barrier Free Ramp (Type 2) TOTAL ITEM #17: $ /SF( ) (Unit Price Amounts shall be shown in both words and numerals. in case ofdiscrepancy, the amount shown in words shall govern.) 18. 600 LF 4" Pavement Markings (Thermoplastic) (White) (Solid) TOTAL ITEM #18: $ /LF( ) (Unit Price Amounts shall be shown in both words and numerals. In case ofdiscrepancy. the amount shown in words shall govern.) 19. 1,070 LF 4" Pavement Markings (Thermoplastic) (White) (Broken) TOTAL ITEM # 19: $ /LF( ) (Unit Price Amounts shall be shown in both words and numerals. In case ofdiscrepancy, the amount shown in words shall govern.) 20. 550 LF 8" Pavement Markings (Thennoplastic) (White) (Left -Turn Bays) TOTAL ITEM #20: $ /LF( ) (Unit Price Amounts shall be shown in both words and numerals. In case of discrepancy, the amount shown in words shall govern.) 21. 700 LF 12" Pavement Markings (Thermoplastic) (White) (Crosswalks) TOTAL ITEM #21: $ /LF( ) (Unit Price Amounts shall be shown in both words and numerals. In case of discrepancy, the amount shown in words shall govern.) 22. 200 LF 24" Pavement Markings (Thennoplastic) (White) (Stop Bars) TOTAL ITEM #22: $ /LF( ) (Unit Price Amounts shall be shown in both words and numerals. In case of discrepancy, the amount shown in words shall govern.) 23. 12 EA Pavement Symbols (Arrow and Only) (Thennoplastic) (White) TOTAL ITEM #23: $ /EA( ) (Unit Price Amounts shall be shown in both words and numerals. In case ofdiscrepancy. the amount shoccin in words shall govern.) 24. 4 EA Remove and Relocate Existing Traffic Signs (Small) TOTAL ITEM #24: $ /EA( ) (Unit Price Amounts shall be shown in both words and numerals. In case of discrepancy, the amount shown in words shall govern.) Bidder's Initials Item Estimated No. Quantity & Unit Description of Item Total Amount 25. 920 LF 4" PVC Electrical Conduit (Schedule 80) (Open Cut) TOTAL ITEM #25: $ /LF( ) . (Unit Price Amounts shall be shown in both words and numerals. In case of discrepancy, the amount shown in words shall govern.) 26. 29 EA Type A Ground Box TOTAL ITEM #26: $ /EA( ) (Unit Price Amounts shall be shown in both words and numerals. In case o(discrepancy, the amount shown in words shall govern.) 27. 4 EA Type D Ground Box TOTAL ITEM #27: $ /EA( ) (Unit Price Amounts shall be shown in both words and numerals. In case of discrepancy, the amount shown in words shall govern.) 28. 890 LF Four -inch PVC Electrical Conduit (Schedule 80) (Bored) TOTAL ITEM #28: $ /LF( ) (Unit Price Amounts shall be shown in both words and numerals. in case of discrepancy, the amount shown in words shall govern.) 29. 2 EA Adjust Existing Manhole to Grade TOTAL ITEM #29: $ /EA( (Unit Price Amounts shall be shown in both words and numerals. In case of discrepancy, the amount shown in words shall govern.) 30. 2 EA Adjust Existing Water Valve to Grade TOTAL ITEM #30: $ /EA( ) (Unit Price Amounts shall be shown in both words and numerals. In case ofdiscrepancy, the amount shown in words shall govern.) TOTAL BID, ITEMS #1-#30: MATERIALS: LABOR: $ TOTAL BID ITEMS # 1-#30: $ (Unit Price Amounts shall be shown in both words and numerals. In case of discrepancy, the amount shown in words shall govern.) Bidder hereby agrees to commence the work on the above project on a date to be specified in a written "Notice to Proceed" of the Owner and to substantially complete the project NOT LATER THAN NOVEMBER 25, 2009 as stipulated in the specifications and other contract documents. Bidder hereby further agrees to pay to Owner as liquidated damages the sum of $500.00 (FIVE HUNDRED DOLLARS AND 00/100) for each consecutive calendar day in excess t. of the date 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. Bidder's Initials 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 J 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. Enclosed with this bid is a Cashier's Check or Certified Check for Dollars (S ) or a Bid Bond in the sum of Dollars (S ), which it is agreed shall be collected and retained by the Owner as liquidated damages in the event the bid is accepted by the Owner and the undersigned fails to execute the necessary contract documents, 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. I 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 BI D PRICE I MUST BE MADE ON THE BID SUBMITTAL FORM PRIOR TO BID OPENING. (Seal if Bidder is a Corporation) ATTEST: Secretary Bidder acknowledges receipt of the following addenda: Addenda No. Date Addenda No. Date Addenda No. Date Addenda No. Date Authorized Signature (Printed or Typed Name) Company Address City, County State Telephone: Fax: Zip Code FEDERAL TAX ID or SOCIAL SECURITY No. ivl/%VBE Fimi: Woman I I Black American I I Native ,American Hispanic American I I Asian Pacific American Other (S cif t_. CITY OF LUBBOCK INVITATION TO BID FOR TITLE: INTERSECTION IMPROVEMENTS AT 34TH STREET AND UNIVERSITY AVENUE ADDRESS: LUBBOCK, TEXAS ITB NUMBER: 09-727-BM CONTRACT NUMBER: 9057 PROJECT NUMBER: 91196 CONTRACT PREPARED BY: PUBLIC WORKS CONTRACTING OFFICE Pate Intentionally Left Blank r City of Lubbock, TX Public Works Contracting Office Contractor Checklist for ITB # 09-727-BM Before submitting your bid, please ensure you have completed and included the following: ✓ 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. I"2. Include BID BOND or CASHIER'S OR CERTIFIED CHECK as your bid surety. Failure to provide a bid surety WILL result in automatic rejection 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 Public Works Contracting Office prior to the deadline. Late bids will not be accepted. 5. 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. 7. Complete and sign the SUSPENSION AND DEBARMENT CERTIFICATION. Include firm's / FEDERAL TAX ID number or Owner's SOCIAL SECURITY number. 8. 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. 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. (Type or Print Company Name) I Pap-e Intentionally Left Blank �.Y 1 INDEX A 1. NOTICE TO BIDDERS 2. GENERAL INSTRUCTIONS TO BIDDERS jj 3. 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 4. 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 ' 5. PAYMENT BOND 6. PERFORMANCE BOND j 7. CERTIFICATE OF INSURANCE 8. CONTRACT 9. GENERAL CONDITIONS OF THE AGREEMENT 10. DAVIS BACON WAGE DETERMINATIONS 11. SPECIAL CONDITIONS (IF APPLICABLE) 12. SPECIFICATIONS r Page Intentionally Left Blank NOTICE TO BIDDERS Page Intentionally Left Blank NOTICE TO BIDDERS ITB # 09-727-BM Sealed bids addressed to Bruce MacNair, Public works Contracting Officer, City of Lubbock, Texas, will be received in the office of the Public works Contracting Officer, Municipal Building, 1625 13th Street, Room 204, Lubbock, Texas, 79401, until 1:00 P.M. on DULY 14, 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: "INTERSECTION IMPROVEMENTS AT 34TH STREET AND UNIVERSITY AVENUE" After the expiration of the time and date above first written, said sealed bids will be opened in the office of the Public works Contracting Officer and publicly read aloud. It is the sole responsibility of the bidder to ensure that his bid is actually in the office of the Public works Contracting Officer for the City of Lubbock, before the expiration of the date above first written. Bids are due at 1:00 P.M. on JULY 14, 2009, and the City of Lubbock City Council will consider the bids on JULY 30, 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, whether or not a payment or performance bond is required, to submit a cashier's or certified check issued by a bank satisfactory to the City of Lubbock, or a bid bond from a reliable surety company, payable without recourse to the order of the City of Lubbock in an amount not less than 5% of the total amount of the bid submitted as a guarantee that bidder will enter into a contract and execute all necessary bonds (if required) within ten (10) business days after notice of award of the contract to him. FAILURE OF THE BIDDER TO INCLUDE BID SECURITY WITH THE BID SUBMITTAL SHALL CONSTITUTE A NONRESPONSIVE BID AND RESULT IN DISQUALIFICATION OF THE 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 on JUNE 25, 2009 at 11:00 A.M., in Committee Room 103, 162513TH Street, Lubbock, Texas. Bidders may view the plans and specifications without charge at The Reproduction Company, 2102 Avenue Q, Lubbock, Texas 79405 or at www.thergproductioncompany.com. ONE SET OF PLANS AND -- SPECIFICATIONS MAY BE OBTAINED, AT THE CITY'S EXPENSE, FROM THE REPRODUCTION COMPANY WITH A $100 REFUNDABLE DEPOSIT, Phone: (806) 763-7770. Deposit Checks shall be made PAYABLE TO THE CITY OF LUBBOCK, and will be refunded if documents are returned in good condition within Sixty (60) days after the opening of bids. Additional sets of plans and specifications may be obtained at the bidder's expense. 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 Public works Contracting Officer 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. 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 meetings and bid openings are available to all persons regardless of disability. If you require special assistance, please contact the Public Works Contracting Office at (806) 775-2163 or write to Post Office Box 2000, Lubbock, Texas 79457 at least 48 hours in advance of the meeting. CITY OF LUBBOCK TM ?14Mafic BRUCE MACNAIR PUBLIC WORKS CONTRACTING OFFICER GENERAL INSTRUCTIONS TO BIDDERS Page Intentionally Left Blank GENERAL INSTRUCTIONS TO BIDDERS 1 1 BID DELIVERY, TIME & DATE 1.1 The City of Lubbock is seeking written and sealed competitive bids to furnish "INTERSECTION IMPROVEMENTS AT 34TH STREET AND UNIVERSITY AVENUE" per the attached specifications and contract documents. Sealed bids will be received no later than 1:00 P.M. on JULY 14, 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 # 09-727-BM9 INTERSECTION IMPROVEMENTS AT 34TH STREET AND UNIVERSITY AVENUE" 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: Bruce MacNair, Public Works Contracting Officer City of Lubbock 1625 13th Street, Room 204 Lubbock, Texas 79401 1.2 Bidders are responsible for making certain bids are delivered to the Public Works Contracting Office. 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. - 2 PRE -BID MEETING 2.1 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 11:00 A.M., on June 25, 2009 in Committee Room 103, 1625 13TH Street, Lubbock. Texas. 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. 3 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 t request an interpretation thereof from the Public Works Contracting Office. At the request of the bidder, or in the event the Public Works Contracting Office deems the interpretation to be substantive, the interpretation will be made by written addendum issued by the Public Works Contracting Office. Such addenda issued by the Public Works Contracting Office will be available over the Internet at www.bidsMc.com and will become part of the bid package having the same binding effect as provisions of the original ITB. NO VERBAL EXPLANATIONS OR INTERPRETATIONS WILL BE BINDING. In order to have a request for interpretation considered, the request must be submitted in writing and must be received by the City of Lubbock Public Works Contracting Office no later than five (5) calendar days _ before the bid closing date. 0 0 3.3 All addenda, amendments, and interpretations of this solicitation shall be in writing. The City of Lubbock shall not be legally bound by any amendment or interpretation that is not in writing. Only information supplied by the City of Lubbock Public Works Contracting Office in writing or in this 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 1 read in any news media or seen or heard in any communication facility regarding this bid should be -_ disregarded in preparing responses. 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 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 Public works Contracting Officer and a clarification obtained before the bids are received, and if no such notice is received by the Public works Contracting 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 Public works Contracting 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. 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. 6.3 Marking your entire bid CONFIDENTIAL/PROPRIETARY is not in conformance with the Texas Open Records Act. s 7 LICENSES PERMITS TAXES IThe 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. 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. 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 Public works Contracting 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 Public Works Contracting 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 BID (ITB) MUST BE SUBMITTED IN WRITING NO LATER THAN FIVE (5) CALENDAR DAYS PRIOR TO THE BID CLOSING DATE AND ADDRESSED TO: BRUCE MACNAIR, PUBLIC WORKS CONTRACTING OFFICER City of Lubbock Public Works Contracting Office 1625 1 P Street, Room 204 Lubbock, Texas 79401 Fax: 806-775-2164 ' Email: bmacnair m lubbock.us Bidsync: www.bidsync.com 13 14 15 16 17 TIME AND ORDER FOR COMPLETION 13.1 The construction covered by the contract documents shall be substantially completed by NOVEMBER 25, 2009, the date specified in the Notice to Proceed issued by the City of Lubbock 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 necessary to ensure completion of the project within the time specified. PAYMENT All payments due to Contractor shall be made in accordance with the provisions of the General Conditions of the contract documents. AFFIDAVITS OF BILLS PAID The City of Lubbock reserves the right, prior to final acceptance of this project to require the Contractor to u 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. GUARANTEES 17.1 All equipment and materials incorporated in the project and all construction shall be guaranteed against defective materials and workmanship. Prior to final acceptance, the Contractor shall furnish to the Owner, a written general guarantee which shall provide that the Contractor shall remedy any defects in the work, and pay for any and all damages of any nature whatsoever resulting in such defects, when such defects appear within ONE year from date of final acceptance of the work as a result of defective materials or workmanship, at no cost to the Owner (City of Lubbock). 17.2 Notwithstanding any provisions contained in the contractual agreement, the Contractor represents and warrants fault -free performance and fault -free result in the processing date and date -related data ^ (including, but not limited to calculating, comparing and sequencing) of all hardware, software and firmware products delivered and services provided under this Contract, individually or in combination, as the case may be from the effective date of this Contract. Also, the Contractor warrants calculations will be recognized and accommodated and will not, in any way, result in hardware, software or firmware failure. The City of Lubbock, at its sole option, may require the Contractor, at any time, to demonstrate the procedures it intends to follow in order to comply with all the obligations contained herein. 17.3 The obligations contained. herein apply to products and services provided by the Contractor, its sub- contractor or any third party involved in the creation or development of the products and services to be delivered to the City of Lubbock under this Contract. Failure to comply with any of the obligations contained herein, may result in the City of Lubbock availing itself of any of its rights under the law and under this Contract including, but not limited to, its right pertaining to termination or default. 4 J 17.4 The warranties contained herein are separate and discrete from any other warranties specified in this j� Contract, and are not subject to any disclaimer of warranty, implied or expressed, or limitation to the t 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 t the intended contract and all work in progress with bond amounts and percentage completed. R (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 F_ other underground structures which might or could be damaged by Contractor during the construction of the project contemplated by these contract documents. The City of Lubbock agrees that it will furnish Contractor the location of all such underground lines and utilities of which it has knowledge. However, such fact shall not relieve the Contractor of his responsibilities aforementioned. All such underground lines or structures cut or damaged by Contractor during the prosecution of the work contemplated by this contract shall be repaired immediately by Contractor to the satisfaction of the City of Lubbock, Texas, at Contractor's expense. i 22 BARRICADES AND SAFETY MEASURES The contractor shall, at his own expense, furnish and erect such barricades, fences, lights and danger signals, and shall take such other precautionary measures for the protection of persons, property and the work as may be necessary. The Contractor will be held responsible for all damage to the work due to failure of barricades, signs, and lights to protect it, and when damage is incurred, the damaged portion shall be immediately removed and replaced by Contractor at his own cost and expense. The Contractor's responsibility for maintenance of barricades, signs, and lights shall not cease until the date of issuance to Contractor of City's certificate of acceptance of the project. 23 EXPLOSIVES 23.1 The use of explosives will not be permitted unless written permission to do so is obtained by the Contractor from the City. In all cases where written permission is obtained for the use of explosives, the Contractor shall assume full responsibility for all damage, which may occur as a direct or indirect result 1 _:, 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 firrther use only such methods as are currently utilized by persons, firms, or corporations engaged in similar type of ' construction activity. 23.2 Explosive materials shall not be stored or kept at the construction site by the Contractor. 23.3 In all cases where explosives are to be used during the construction of the project contemplated by this contract, it shall be the duty of the Contractor to notify each utility company having structures (above or below the ground) in proximity to the site of the work of Contractor's intention to use explosives, and such notice shall be given sufficiently in advance to enable the companies to take such steps as they may deem necessary to protect their property from injury. Such notice, however, shall not relieve the Contractor of responsibility for any damage resulting from his blasting operations. 24 CONTRACTOR'S REPRESENTATIVE The successful 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. 25 INSURANCE 25.1 The Contractor shall not commence work under this contract until he has obtained all insurance as required in the General Conditions of the contract documents, from an underwriter authorized to do business in the State of Texas and satisfactory to the City. Proof of coverage shall be furnished to the City and written notice of cancellation or any material change will be provided ten (10) days in advance of cancellation or change. All policies shall contain an agreement on the part of the insurer waiving the right to subrogation. The Contractor shall procure and carry at his sole cost and expense through the life of this contract, insurance protection as hereinafter specified. Coverage in excess of that specified herein also shall be acceptable. Such insurance shall be carried with an insurance company authorized to transact business in the State of Texas and shall cover all operations in connection with this contract, whether performed by the Contractor or a subcontractor, or separate policies shall be provided covering the operation of each subcontractor. A certificate of insurance specifying each and all coverages shall be submitted before contract execution. 25.2 PROOF OF COVERAGE SHALL BE FURNISHED TO THE CITY OF LUBBOCK IN THE FORM OF A CERTIFICATE OF INSURANCE. THE INSURANCE CERTIFICATES FURNISHED SHALL NAME THE CITY OF LUBBOCK AS A PRIMARY ADDITIONAL INSURED AND PROVIDE A WAIVER OF SUBROGATION IN FAVOR OF THE CITY OF LUBBOCK AS REQUIRED BELOW, OR IN THE ALTERNATIVE, SHALL BE ACCOMPANIED BY A STATEMENT FROM THE CONTRACTOR TO THE EFFECT THAT NO WORK ON THIS PARTICULAR PROJECT SHALL BE SUBCONTRACTED. IT SHALL BE THE CONTRACTOR'S RESPONSIBILITY TO PROVIDE TO THE OWNER ALL PROOF OF COVERAGE INSURANCE DOCUMENTS INCLUDING WORKERS COMPENSATION COVERAGE FOR EACH SUBCONTRACTOR 26 LABOR AND WORKING HOURS 26.1 Attention of each bidder is particularly called to the schedule of general prevailing rate of per diem wages included in these contract documents. The wage rate that must be paid on this project shall not be less than specified in the schedule of general prevailing rates of per diem wages as above mentioned. The 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 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 diem wages, which schedule is included in the contract documents. The Contractor shall forfeit as a penalty to the City of Lubbock on whose behalf this contract is made, sixty dollars for each laborer, workman, or mechanic employed for each calendar day, or portion thereof, such laborer, workman or mechanic is paid less than the wages assigned to his particular classification as set forth in the schedule of general prevailing rate of per diem wages: included in these contract documents. 28 PROVISIONS CONCERNING ESCALATION CLAUSES 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 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 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. 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: 7 } 29.3.1 Bidder's name 29.3.2 Bid for ITB-09-727-BM, Intersection Improvements at 34th street and University Avenue. 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. �3 30 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). 4 (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. 31 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 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 One through Thirty-one 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 J n 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 _J 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 worker is employed b the contractor or an subcontractor in the execution of the contract for the Y Y project. 9. 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. q 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: llffp://www.gl2o.gov/davisbacon/allstates.htn-d 34.4 It shall be the responsibility of the successful bidder to obtain the proper wage rates from the �F 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. 10 i } BID SUBMITTAL FORM Pap.e Intentionally Left Blank *** REVISED *** BID SUBMITTAL FORM UNIT PRICE BID CONTRACT -_ jATE: 7/14/09 t PROJECT NUMBER: #09-727-BM — Intersection Improvements at 34`h Street and University Avenue Bid of ALLEN BUTLER CONSTRUCTION INC. (hereinafter called Bidder) t To the Honorable Mayor and City Council City of Lubbock, Texas (hereinafter called Owner) !, Ladies and Gentlemen: The Bidder, in compliance with your Invitation to Bid for the construction of INTERSECTION IMPROVEMENTS AT 34' STREET AND UNIVERSITY AVENUE, 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. Estimated Item Quantity No. & Unit Description of Item Total Amount 1. 1 LS Mobilization (Maximum 5% of Total Bid) TOTAL ITEM #1: Thirty eight thousand, nine hundred fifty + 31/100 $ 38,950.00 /LS( 38,950.00 ) (Unit Price Amounts shall be shown in both words and numerals. In case of discrepancy, the amount shown in words shall govern.) 2. 6 MO Prepare and Implement Traffic Control (Includes Barricades, Signs, and Traffic Handling) TOTAL ITEM #2: Eight thousand, four hundred thirty three + 34/100 $ 8,433.34 /MO(50,600.04 ) (Unit Price Amounts shall be shown in both words and numerals. In case of discrepancy, the amount shown in words shall govern.) 3. 490 SY Remove Existing Concrete Pavement TOTAL ITEM #3: Eighteen + no/100 $ 18.00 /SY( 8,820.00 ) (Unit Price Amounts shall be shown in both words and numerals. In case of discrepancy, the amount shown in words shall govern.) 4. 4,775 SY Remove Existing Asphalt Pavement TOTAL ITEM #4: Six + 05/100 $ 6.05 /SY( 28,888.75 ) (Unit Price Amounts shall be shown in both words and numerals. In case of discrepancy, the amount shown in words shall govem.) l_ �— - Bidder's Initials Item Estimated No. Quantity & Unit Description of Item Total Amount 5. 8,090 SF Remove Existing Sidewalk and Median Pavement g TOTAL ITEM #5: Two + no/100 $ 2.00 /SF( 16,180.00 ) (Unit Price Amounts shall be shown in both words and numerals. In case of discrepancy, the amount shown in words shall govern.) 6. 1,820 LF Remove Existing Concrete Curb and Gutter TOTAL ITEM #6: Five + no/100 $ 5.00 ALF( 9,100.00 ) (Unit Price Amounts shall be shown in both words and numerals. In case of discrepancy, the amount shown in words shall govern.) 7. 1 LS Erosion Control Plan and SWPPP Implementation TOTAL ITEM #7: Four thousand, three hundred seventy two + 501100 $ 4,372.50 /LS( 4,372.50 ) (Unit Price Amounts shall be shown in both words and numerals. In case of discrepancy, the amount shown in words shall govern.) 200 CY Unclassified Excavation (Roadway) TOTAL ITEM #8: Thirty five + no/100 $ 35.00 /CY( 7000.00 ) (Unit Price Amounts shall be shown in both words and numerals. In case of discrepancy, the amount shown in words shall govern.) 9. 5,920 SY 6" Lime Stabilized Subgrade TOTAL ITEM #9: Twelve + 67/100 $ 12.67 /SY( 75,006.40 ) (Unit Price Amounts shall be shown in both words and numerals. In case of discrepancy, the amount shown in words shall govern.) 10. 150 TON Lime for Stabilization (Dry) (50 lbs/SY) TOTAL ITEM #10: One hundred eighty five + 25/100 $ 185.25 /TON( 27,787.50 ) (Unit Price Amounts shall be shown in both words and numerals. In case of discrepancy, the amount shown in words shall govern.) 11. 5,685 SY 9" Concrete Pavement (Class C) (3,600 PSI) TOTAL ITEM #11: Seventy two + 72/100 $ 72.72 /SY( 413,413.20 ) (Unit Price Amounts shall be shown in both words and numerals. In case of discrepancy, the amount shown in words shall govem.) 12. 1,960 LF Monolithic Concrete Curb (Class C) (3,600 PSI) TOTAL ITEM #12: Six + 44/100 $ 6.44 /LF( 12,622.40 ) (Unit Price Amounts shall be shown in both words and numerals. In case of discrepancy, the amount shown in words shall govern.) 13. 350 SY 6" Concrete Pavement (Driveways) (Class C) (3,600 PSI) TOTAL ITEM #13: Fifty four + no/100 $ 54.00 /SY( 18,900.00 ) (Unit Price Amounts shall be shown in both words and numerals. In case of discrepancy, the amount shown in words shall govern.) 14. 5,180 SF 4" Concrete Sidewalk (Class A) (3,000 PSI) TOTAL ITEM #14: Five + no/100 $ 5.00 /SF( 25,900.00 ) (Unit Price Amounts shall be shown in both words and numerals. In case of discrepancy, the amount shown in words shall govem.) Bidder's Initials t__.i Item No. Estimated Quantity & Unit Description of Item Total Amount 15. 3,250 SF 4" Stamped and Integral Color Concrete (Sidewalk Strip and Medians) (Class A) (3,000 PSI) TOTAL ITEM #15: Twelve + 50/100 $ 12.50 /SF( 40,625.00 ) (Unit Price Amounts shall be shown in both words and numerals. In case of discrepancy, the amount shown in words shall govem.) 16. 995 SY Transitional Type C HMAC Pavement (PG 64-22) TOTAL ITEM #16: Thirty eight + 70/100 $ 38.70 /SY( 38,506.50 ) (Unit Price Amounts shall be shown in both words and numerals. In case of discrepancy, the amount shown in words shall govem.) 17. 530 SF Sidewalk Barrier Free Ramp (Type 2) TOTAL ITEM #17: Seven + 55/100 $ 7.55 /SF( 4,001.50 ) (Unit Price Amounts shall be shown in both words and numerals. In case of discrepancy, the amount shown in words shall govem.) 18. 600 LF 4" Pavement Markings (Thermoplastic) (White) (Solid) TOTAL ITEM #18: One + 65/100 $ 1.65 /LF( 990.00 ) (Unit Price Amounts shall be shown in both words and numerals. In case of discrepancy, the arnount shown in words shall govem.) 19. 1,070 LF 4" Pavement Markings (Thermoplastic) (White) (Broken) TOTAL ITEM #19: One + 65/100 $ 1.65 /LF( 1,765.50 ) (Unit Price Amounts shall be shown in both words and numerals. In case of discrepancy, the amount shown in words shall govem.) .. 20. 550 LF 8" Pavement Markings (Thermoplastic) (White) (Leif: -Turn Bays) TOTAL ITEM #20: Two + 75/100 $ 2.75 /LF( 1,512.50 ) (Unit Price Amounts shall be shown in both words and numerals. In case of discrepancy, the amount shown in words shall govern.) 21. 700 LF 12" Pavement Markings (Thermoplastic) (White) (Crosswalks) TOTAL ITEM #21: Eight + 25/100 $ 8.25 /LF( 5,775.00 ) (Unit Price Amounts shall be shown in both words and numerals. In case of discrepancy, the amount shown in words shall govern.) 22. 200 LF 24" Pavement Markings (Thermoplastic) (White) (Stop Bars) TOTAL ITEM #22: Twelve + 65/100 $ 12.65 /LF( 2,530.00 ) (Unit Price Amounts shall be shown in both words and numerals. In case of discrepancy, the amount shown in words shall govern.) 23. 12 EA Pavement Symbols (Arrow and Only) (Thermoplastic) (White) TOTAL ITEM #23: Two hundred seventy five + no/100 $ 275.00 /EA( 3,300.00 ) (Unit Price Amounts shall be shown in both words and numerals. In case of discrepancy, the amount shown in words shall govern.) 24. 4 EA Remove and Relocate Existing Traffic Signs (Small) TOTAL ITEM #24: Five hundred fifty + no/100 $ 550.00 /EA( 2,200.00 ) (Unit Price Amounts shall be shown in both words and numerals. In case of discrepancy, the amount shown in words shall govern.) Bidder's Initials t, Item Estimated No. Quantity & Unit Description of Item Total Amount 25. 920 LF 4" PVC Electrical Conduit (Schedule 80) (Open Cut) TOTAL ITEM #25: Twenty three + 04/100 $ 23.04 /LF( 21,196.80 ) (Unit Price Amounts shall be shown in both words and numerals. In case of discrepancy, the amount shown in words shall govern.) 26. 29 EA Type A Ground Box TOTAL ITEM #26: Four hundred sixty seven + 501100 $ 467.50 /EA( 13,557.50 ) (Unit Price Amounts shall be shown in both words and numerals. In case of discrepancy, the amount shown in words shall govern.) 27. 4 EA Type D Ground Box TOTAL ITEM #27: Four hundred ninety five + no/100 $ 495.00 /EA( 1,980.00 ) (Unit Price Amounts shall be shown in both words and numerals. In case of discrepancy, the amount shown in words shall govem.) 28. 890 LF Four -inch PVC Electrical Conduit (Schedule 80) (Bored) TOTAL ITEM #28: Nineteen + 80/100 3; 19.80 /LF( 17,622.00 ) (Unit Price Amounts shall be shown in both words and numerals. In case of discrepancy, the amount shown in words shall govem.) 29. 2 EA Adjust Existing Manhole to Grade TOTAL ITEM #29: One thousand + no/100 $ 1.000.00 /EA( 2,000.00 ) (Unit Price Amounts shall be shown in both words and numerals. In case of discrepancy, the amount shown in words shall govem.) 30. 2 EA Adjust Existing Water Valve to Grade — TOTAL ITEM #30: One thousand + no/100 $ 1,000.00 /EA( 2,000.00 ) (Unit Price Amounts shall be shown in both words and numerals. In case of discrepancy, the amount shown in words shall govern.) TOTAL BID, ITEMS #1-#30: MATERIALS: Four hundred forty eight thousand, five hundred fifty one + 54/100 $ 448 551.54 LABOR: Four hundred foEty eight thousand, five hundred fifty one + 551100 $ 448 551.55 TOTAL BID ITEMS #1430: Eight hundred ninety seven thousand, one hundred three + 09/100 $ 897 103.09 (Unit Price Amounts shall be shown in both words and numerals. In case of discrepancy, the amount shown in words shall govem.) Bidder hereby agrees to commence the work on the above project on a date to be specified in a written "Notice to Proceed" of the Owner and to substantially complete the project NOT LATER THAN NOVEMBER 25, 2009 as stipulated in the specifications and other contract documents. Bidder hereby further agrees to pay to Owner as liquidated damages the sum of $500.00 (FIVE HUNDRED DOLLARS AND 00/100) for each consecutive calendar day in excess of the date set forth herein above for completion of this project, all as more :Fully set forth in the general conditions of the contract documents. Bidder understands and agrees that this bid submittal shall be completed and submitted in accordance with instruction number 28 of the General Instructions to Bidders. Bidder understands that the Owner reserves the right to reject any or all bids and to waive any formality in the bidding. The Bidder agrees that this bid shall be good and may not be withdrawn for a period of thirty (30) calendar days after the -cheduled closing time for receiving bids. Bidder's Initials The undersigned Bidder hereby declares that he has visited the site of the work and has carefully examined the plans, specifications and contract documents pertaining to the work covered by this bid, and he further agrees to commence work on or before the date specified in the written notice to proceed, and to substantially complete the work on which he has -',id; as provided in the contract documents. Bidders are required, whether or not a payment or performance bond is required, to submit a cashier's check or certified check issued by a bank satisfactory to the City of Lubbock, or a bid bond from a reliable surety company, payable without recourse to the order of the City of Lubbock in an amount not less than five percent (5%) of the total amount of the bid submitted as a guarantee that bidder will enter into a contract, obtain all required insurance policies, and execute all necessary bonds (if required) within ten (10) business days after notice of award of the contract to him. Enclosed with this bid is a Cashier's Check or Certified Check for Dollars ($ ) or a Bid Bond in the sum of Five percent Dollars ($ 5% ), which it is agreed shall be collected and retained by the Owner as liquidated damages in the event the bid is accepted by the Owner and the undersigned fails to execute the necessary contract documents, 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 Cori ration) . A EST: _ Secretary Bidder acknowledges receipt of the following addenda: ALLEN BUTLER CONSTRUCTION. INC. Company 24 S. LAKESHORE DR. Address RANSOM CANYON_, _LUBBOCK City, County TEXAS 79366 State Zip Code Telephone: 806 - 745-7498 Fax: 806 - 745-7577 Addenda No. 1 Date 7/9/09 Addenda No. Date— FEDERAL TAX ID or SOCIAL SECURITY No. Addenda No. Date Addenda No. Date 75 - 260251 M/WBE Firm: Woman Black American Native American Hispanic American Asian Pacific American I Other (Specify) Page Intentionally Left Blank CITY OF LUBBOCK INSURANCE REQUIREMENT AFFIDAVIT To Be Completed by Bidder and Agent Must be submitted with Bid 11 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. tractor (Original Signature) Alq'n (�lI-rte Contractor (Print) CONTRACTOR'S FIRM NAME: ALLEN BUTLER CONSq'RUCTION. INC. (Print or Type) CONTRACTOR'S FIRM ADDRESS: 24 S. LAKESRORE DRIVE RANSOM CANYON, TX. 79366 Address of Agent/Broker. 8701 Bedford Euless Rd, Ste 460 City/State/Zip: Hurst, TX 76063 Agent/Broker Telephone Number: ( 817 ) 299-3800 Date: 07113/2009 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 Public Works Contracting Officer for the City of Lubbock at (806) 775-2I63. BID # 09-727-BM—1NRTERSECTION IMPROVEMENTS AT 34TH STREET AND UNIVERSITY AVENUE I vi SAFETY RECORD QUESTIONNAIRE fie 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: a. 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. 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 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 X 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 assessed. i Bidder's Initials BID # 09-727-BM - INRTERSECTION IMPROVEMENTS AT 34TH STREET RSITY AVENUE e_ QUESTION TWO �_'as the bidder, or the firm, corporation, partnership, or institution represented by the bidder, or anyone acting for such .irm, 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 X If the bidder has indicated YES for question number two above, the bidder must provide to City of Lubbock, with its bid ri! 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 X 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, type of offense, final disposition of offense, in any, and penalty assessed. ACKNOWLEDGEMENT THE STATE OF TEXAS COUNTY OF LUBBOCK I certify that I have made no willful misrepresentations in this Questionnaire nor have I withheld information in my statements and answers to questions. I am aware that the information given by me in this questionnaire shall be investigated, with my full permission, and that any misrepresen s or omissions may cause my bid to be rejected. :T., Signature 1.0 Title AID # 09-727—BM — INRTERSECTION IMPROVEMENTS AT 34TH STREET AND UNIVERSITY AVENUE I] PROPOSED LIST OF SUB -CONTRACTORS Company Name and City Minority Owned Yes or No 1. Barricades Unlimited O �- 2.: V Tech Environmental Services ❑ �- 3: Artex Electric ❑ 4. ❑ ❑ 5. O ❑ 6. ❑ ❑ 7. ❑ ❑ 8. ❑ ❑ 10. ❑ ❑ 11. ❑ ❑ 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 BID # 09-727-BM - INRTERSECTION IMPROVEMENTS AT 3e STREET AND UNIVERSITY AVENUE -3 Pate Intentionally Left Blank SUSPENSION AND DEBARMENT CERTIFICATION Federal Law (A-102 Common Rule and OMB Circular A-110) prohibits non -Federal entities from contracting with or making sub -awards under covered transactions to parties that are suspended or debarred or whose principals are suspended or debarred. Covered transactions include procurement contracts for goods or services equal to or in excess of $25,000 and all non -procurement transactions (e.g., sub -awards to sub -recipients). Contractors receiving individual awards of $25,000 or more and all sub -recipients must certify that their organization and its principals are not suspended or debarred by a Federal agency. Before an award of $25,000 or more can be made to your firm, you must certify that your organization and its principals are not suspended or debarred by a Federal agency. I, the undersigned agent for the firm named below, certify that neither this firm nor its principals are suspended or debarred by a Federal agency. COMPANY NAME: ALLEN BUTLER CONSTRUCTION INC. FEDERAL TAX ID or SOC EC TY 75-260251 Signature of Company Official: Printed name of company official signing above: AAIL'.' Date Signed: -7 8ID # 09-727-BM - MTERSECTION IMPROVEMENTS AT 34M STREET AND UNIVERSITY AVENUE Pate Intentionally Left Blank I POST -CLOSING DOCUMENT REQUIREMENTS The below -listed document must be received in the Public Works Contracting Office Not Later Than TWO BUSINESS DAYS after the close date when bids are due. FINAL LIST OF SUB -CONTRACTORS Page Intentionally Left Blank 1 T FINAL LIST OF SUB -CONTRACTORS 5-' Company Name and City Minority Owned 1 Yes or No 3. Ilctn(_ ❑ ,� A 4. ❑ ❑ 5. ❑ ❑ 6. ❑ ❑ 7. ❑ ❑ 8. ❑ .n, 9. ❑ ❑ �.l 10. ❑ ❑ 11. ❑ ❑ l 12. ❑ ❑ 13. ❑ ❑ ., 14. ❑ ❑ 15. ❑ ❑ 16. ❑ ❑ THIS FORM SHALL BE COMPLETED AND RETURNED NOT LATER THAN TWO BUSINESS C.. DAYS AFTER THE CLOSE DATE WHEN BIDS ARE DUE F I NO SUB -CONTRACTORS WILL BE USED PLEASE INDICATE SO BID 11 09-727-BM - INRTERSECTION IMPROVEMENTS AT 34TH STREET AND UNIVERSITY AVENUE } Page Intentionally Left Blank I I PAYMENT BOND I Page Intentionally Left Blank Bond #022026641 STATUTORY PAYMENT BOND PURSUANT TO SECTION 2253.021(a) OF THE TEXAS GOVERNMENT CODE (CONTRACTS MORE THAN $25,000) Allen Butler Construction, KNOW ALL MEN BY THESE PRESENTS, that Inc. (hereinafter called the Principal(s), as Prineipal(s), and Liberty Mutual Insurance Company (hereinafter called the Surety( , as Sureay(s�, are held and firmly bound unto the City of Lubbock (hereinafter called the fight hu re ni et en thousand on _-� Obligee), in the amount of undred Rree ana 6/J88------------ one ($ 897,103.40 ) lawful money of the United States for the payment whereof, the said Principal and Surety bind themselves, and their heirs, administrators, executors, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has entered into a certain written contract with the Obligee, dated the 28th day of July 12009,to Intersection Improvements at 34th Street and University Avenue Bid #09-727-BM and said Principal under the law is required before commencing the work provided for in said contract to execute a bond in the amount of said contract which contract is hereby referred to and made a part hereof as fully and to the same extent as if copied at length herein. NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the said Principal shall pay all claimants supplying labor and material to him or a subcontractor in the prosecution of the work provided for in said contract, then, this obligation shall be void; otherwise to remain in full force and effect; PROVIDED, HOWEVER, that this bond is executed pursuant to the provisions of Section 2253.021(a) of the Texas Government Code, and all liabilities on this bond shall be determined in accordance with the provisions of said Article to the same extent as if it were copied at length herein. 1N WITNESS WHEREOF, the said Principal (s) and Surety (s) have signed and sealed this instrument this 28th day of July 2009. Liberty Mutual Insurance Company Surety *B,y , (Title),. 11racy Tucker Attarney-in-F t Allen Butler Construction, Inc. (Company Name) By: (printed N e) Dvv,,, L (Si re) LR-6;d&46� (Title) The undersigned surety company represents that it is duly qualified to do business in Texas, and hereby designates Kevin J. Dunn an agent resident in Lubbock County to whom any requisite notices may be delivered and on whom service of process may be had in matters arising out of such suretyship. Liberty Mutual Insurance Company Surety (Title) Tracy Tucker Atto ey-in-Fact Approved as to form: City of L o By: City Attorney * Note: If signed by an officer of the Surety Company there must be on file a certified extract from the by-ILiws showing that this person has authority to sign such obligation. If signed by an Attorney in Fact, we must have copy of power of attorney for our files. 2 2547058 THIS POWER OF ATTORNEY IS NOT VALID UNLESS IT IS PRINTED ON RED BACKGROUND. This Power of Attorney limits the acts of those named herein, and they have no authority to bind the Company except in the manner and to the extent herein stated. LIBERTY MUTUAL INSURANCE COMPANY BOSTON, MASSACHUSETTS POWER OF ATTORNEY KNOW ALL PERSONS BY THESE PRESENTS: That Liberty Mutual Insurance Company (the "Company"), a Massachusetts stock insurance company, pursuant to and by authority of the By-law and Authorization hereinafter set forth, does hereby name, constitute and appoint TRACY TUCKER, TOBIN TUCKER, W.: LAWRENCE BROWN, ALL OF THE CITY OF IT, WORTH, STATE OF TEXAS ................................. ................. ;;........... ......... ............................................................................ each individually if there be more than one named, its true and lawful attorney -in -fact to make, execute,: seal, acknowledge and deliver, for and on its behalf as surety and as its act and deed, any and all undertakings, bonds, recognizances and other surety obligations in the penal sum not exceeding FIFTY MILLION AND 00/100****"***""""" DOLLARS $ 50 OOO 000.00""*"" ( each, and the execution of such undertakings, bonds; recognizances and other surety obligations, in pursuance of these presents, shall be as binding upon the Company as if they had been duly signed by the president and attested by the secretary of the Company in their own proper persons. That this power is made and executed pursuant to and by authority of the following By-law and Authorization: ARTICLE XIII - Execution of Contracts: Section 5. Surety Bonds and Undertakings. Any officer of the Company authorized for that purpose in writing by the chairman or the president, and subject to such limitations as the chairman or the president may prescribe, shall appoint such attorneys -in -fact, as may be necessary to act in behalf of the Company to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Such attorneys -in -fact, subject to the limitations set forth in their respective powers of attorney, shall have full power to bind the Company by their signature and execution of any such instruments and to attach thereto the seal of the Company. When so executed such instruments shall be as binding as if signed by the president and attested by the secretary. By the following instrument the chairman or the president has authorized the officer or other official named therein to appoint attorneys -in -fact: Pursuant to Article XIII, Section 5 of the By -Laws, Garnet W. Elliott, Assistant Secretary of Liberty Mutual Insurance Company, is hereby authorized to appoint such attorneys -in -fact as may be necessary to act in behalf of the Company to make, execute, seal, acknowledge and c deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. o �Y- That the By-law and the Authorization set forth above are true copies thereof and are now in full force and effect. IN WITNESS WHEREOF, this Power of Attorney has been subscribed by an authorized officer or official of the Company and the corporate seal of Liberty Mutual Insurance Company has been affixed thereto in Plymouth Meeting, Pennsylvania this 24th day of April 2009 LIBERTY MUTUAL INSURANCE COMPANY caM �� Garnet W. Elliott, Assistant Secretary ..,s� . COMMONWEALTH OF PENNSYLVANIA ss COUNTY OF MONTGOMERY On this 24th day of April , 2009 , before me, a Notary Public, personally came Garnet W. Elliott, to me known, and acknowledged that he is an Assistant Secretary of Liberty Mutual Insurance Company; that he knows the seal of said corporation; and that he executed the above Power of Attorney and affixed the corporate seal of Liberty Mutual Insurance Company thereto with the authority and at the direction of said corporation. IN TESTIMONY WH Iunto subscribed my name and affixed my notarial seal at Plymouth Meeting, Pennsylvania, on the day and year first above written. OMW COMMONWEALTH OrPENNSYCVA'dIA: �. CJ NS Seal Z . OF -. sn3sa PdsWicetei?a; Notary P�biic Plymouth Twp Montgcmry ccn;*y By My commtst_- o Expires March 28, Z073 Ter sa Pastella, Notary Public - Membc Pem;y`.ranre0.ss��un of hoM�; Lq� �- - CERTIFICATE Ry I, the undersigned, Assistan ecretary of liberty Mutual Insurance Company; do hereby certify that the original power of attorney of which the foregoing is a full, true and correct copy, is in full force and effect on the date of this certificate; and I,do further certify that the officer or official who executed the said power of attorney is an Assistant Secretary specially authorized by the chairman or the president to appoint attorneys -in -fact as provided in Article XIII, Section 5 of the By-laws of Liberty Mutual Insurance Company. This certificate and the above power of attorney may be signed by facsimile or mechanically reproduced signatures under and by authority of the following vote of the board of directors of Liberty Mutual Insurance Company at a meeting duly called and held on the 12th day of March, 1980. VOTED that the facsimile or mechanically reproduced signature of any assistant secretary of the company, wherever appearing upon a certified copy of any power of attorney issued by the company in connection with surety bonds, shall be valid and binding' upon the company with the same force and effect as though manually affixed. IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed the corporate seal of the said company, this 28th day of July 2009 . z4 By r Davi6 M. Carey, Ass' t Secretary L E 0 11 aM od N C 3W O£ L N_ L O O C +_T• d y o 04 L M w Co v 6 0 Important Notice TO OBTAIN INFORMATION OR TO MAKE A COMPLAINT: You may write to Liberty Mutual Surety at: Liberty Mutual Surety Interchange Corporate Center 450 Plymouth Road, Suite 400 Plymouth Meeting, PA 19462-8284 You may contact the Texas Department of Insurance to obtain information on companies, coverages, rights or complaints at: 1-800-252-3439 You may write the Texas Department of Insurance: P. O. Box 149104 Austin, TX 78714-9104 Fax: (512) 475-1771 Web: http://www.tdi.state.tx.us E-mail: ConsumerProtectionCc),tdi.state.tx.us Premium or Claim Disputes Should you have a dispute concerning a premium, you should contact the agent first. If you have a dispute concerning a claim, you should contact the company first. If the dispute is not resolved, you may contact the Texas Department of Insurance. Attach This Notice To Your Policy: This notice is for information only and does not become a part or condition of the attached document. LMIC-3500 Page 1 of 2 Rev. 7.1.07 NOTIFICACION IMPORTANTE PARA OBTENER INFORMACION O REALIZAR UNA QUEJA: Usted puede escribir la notificaci6n y dirigirla a Liberty Mutual Surety en la siguiente direccion: Liberty Mutual Surety Interchange Corporate Center 450 Plymouth Road, Suite 400 Plymouth Meeting, PA 19462-8284 Usted puede contactar al Departamento de Seguros de Texas para obtener informacion acerca de las companfas, coberturas, derechos o quejas: 1-800-252-3439 Usted puede escribir al Departamento de Seguros de Texas a la siguiente direccion: P. O. Box 149104 Austin, TX 78714-9104 Fax: (512) 475-1771 Web: http://www.tdi.state.tx.us E-mail: ConsumerProtectionatdi.state.tx.us Disputas acerca de primas o reclamos En caso de que usted quiera elevar una disputa concerniente al tema de primas, por favor contacte en primer lugar a su agente. Si el tema de la disputa es relativo a un reclamo, por favor contacte a la companfa de seguros en primer termino. Si usted considera que la disputa no es apropiadamente resuelta en estas instancias, entonces usted puede contactar al Departamento de Seguros de Texas.. Adjunte esta notificacion a su poliza: Esta notificacion es a los solos fines de su informacion y la misma no forma parte o condiciona de manera alguna el documento adjunto. LMIC-3500 Page 2 of 2 Rev. 7.1.07 PERFORMANCE BOND Page Intentionally Left Blank Bond #022026641 STATUTORY PERFORMANCE BOND PURSUANT TO SECTION 2253.021(a) OF THE TEXAS GOVERNMENT CODE (CONTRACTS MORE THAN $100,000) Allen Butler Construction, KNOW ALL MEN BY THESE PRESENTS, that Inc. (hereinafter called the Principal(s), as Principal(s), and Liberty Mutual Insurance Company (hereinafter called the Surety�sj, as Surety(, are held and finely bound unto the City of Lubbock (hereinafter called the qht hundre nine s ven thousand on Obligee), in the amount Of hundred three and W1�0------------ eDollars ($897r103.40 ) lawful money of the United States for the payment whereof, the said Principal and Surety bind themselves, and their heirs, administrators, executors, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has entered into a certain written contract with the Obligee, dated the 28th day of July ,2009,to Intersection Improvements at 34th Street and University Avenue Bid #09-727-BM and said principal under the law is required before commencing the work provided for in said contract to execute a bond in the amount of said contract which contract is hereby referred to and made a part hereof as fully and to the same extent as if copied at length herein. NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the said Principal shall faithfully perform the work in accordance with the plans, specifications and contract documents, then this obligation shall be void; otherwise to remain in full force and effect. PROVIDED, HOWEVER, that this bond is executed pursuant to the provisions of Section 2253.021(a) of the Texas Government Code, and all liabilities on this bond shall be determined in accordance with the provisions of said article to the same extent as if it were copied at length herein. IN WITNESS WHEREOF, the said Principal (s) and Surety (s) have signed and sealed this instrument this 28th day of July , 2009. Liberty Mutual Insurance Company Surety * By. (Title) Tracy ucker Att.or ey-in-Fact Allen Butler Construction, Inc. (Company Name)) By:% r'rlted a r (Si ture) ems, c/W -/- (Title) 1 The undersigned surety company represents that it is duly qualified to do business in Texas, and hereby designates Kevin J. Dunn an agent resident in Lubbock County to whom any requisite notices may be delivered and on whom service of process may be had in matters arising out of such suretyship. Liberty Mutual Insurance Company Surety (Title) Tr cy ucker A,ttorney-in-Fact. Approved as to Form City of bbo By: City Attorney * Note: If signed by an officer of the Surety Company, there must be on file a certified extract from the by-laws showing that this person has authority to sign such obligation. If signed by an Attorney in Fact, we must have copy of power of attorney for our files. 2 CERTIFICATE OF INSURANCE Page Intentionally Left Blank A16- R CERTIFICATE OF LIABILITY INSURANCE 8/12(2009 ' PRODUCER Phone: 817-299-3800 Fax: 817-299-3890 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION IBTX Risk Services ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE 8701 Bedford Euless Rd, Ste 450 HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR Hurst TX 76053 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. I INSURERS AFFORDING COVERAGE ? NAIC # INSURED INSURERA:Valley Forge Insurance 0.508 t-. ..—. ... ----. -__.. Allen Butler Construction, Inc. INSURERB:Everest National Insurance 10120 24 South Lakeshore Drive -- INSURRansom Canyon TX 79366 1----- cTexas Mutual Insuranc-e Co... ... 3.095 --- INSURER D: rnVFRAGFS THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR ADD'U `. - ?POLICY EFFECTIVE , PO LIC -EX LTR WsRd TYPE OF INSURANCE POLICY NUMBER LIMITS A GENERAL LIABILITY !C4013609294 !4/l/2009 4/1/2010 EACH OCCURRENCE $ 1, DAMAGE TO RENTED ' X COMMERCIAL GENERAL LABILITY) I i PREMISES (Ea _occurrence). $ 3 00 , 0 0 0 CLAIMS MADE �}{ OCCUR f ! MED EXP (Any one person) $ 10 , 0 0 0 f PERSONAL &ADV INJURY $ 1,__000,000 ` GENERAL AGGREGATE $ 2, 0 0 0, 000 i GENELAGGRECATELIMIT APPLIES PER: I PRODUCTS-COMP/OP AGG $ 2, 000-000 k POLICY )PRO- I LOC I _— A I AUTOMOBILE LIABILITY C4013609280 4/1/2009 �4/1/2010 i COMBINED SINGLE LIMIT ' :X ANY AUTO i j (Eaacddent) $ 1, 000, 000 $ ;ALL OWNED AUTOS BODILY INJURY i .. SCHEDULED AUTOS ; (Per person) X -j HIRED AUTOS I _BODILY INJURY $ X NON-OWNEDAUTOS (Peracadent) ----. .......... 3 PROPERTY DAMAGE I (Peracddent) GARAGE LIABILITY i AUTO ONLY - EA ACCIDENT $ '( ANY AUTO I OTHER THAN FA ACC $ i ! AUTO ONLY: AGG $ B EXCESS/UMBRELLA LIABILITY 171GH000027-091 4/1/2009 !4/1/2010_EACH $5_,000-0.00___, jX OCCUR i CLAIMS MADE i- _ I _OCCURRENCE AGGREGATE _ I G.-- $-5., 000-000 s $ DEDUCTIBLE j I $ RETENTION $ 0 I $ C WORKERS COMPENSATION `.OTH- ANDEMPLOYERS' LABILIITY `TSF0001074270 '•4/l/2009 4/1/2010 IX iT RYLIMTB. .... ER. - .................. _-...._ Y/N ` ANY PROPRIETOR/PARTNERIEXECUTIVE E.L. EACH ACCIDENT $ 1,1,.0 0 01 0010 OFFICER/MEMBER EXCLUDED? (Mandatory In NH) I -- -- i E.L. DISEASE - EA EMPLOYEE $ 1,._000,000 If Yes, describe urxler SP11 EC AL PROVISIONS below E.L. DISEASE -POLICY LIMIT $1 000 000 OTHER I C DESCRIPTION OF OPERATIONS / LOCATIONS I VEHICLES / EXCLUSIONS ADDED BY ENDORSEMENT / SPECIAL PROVISIONS L and Auto policies include Additional Insured endorsements (when required in written contract). Waiver of Subrogation 's included on GL, Auto & WC in favor of Certificate Holder (when required in written contract). e: ITB#09-727-BM-Intersection Improvements at 34th Street & University Avenue. ity of Lubbock, its officers, agents and employees are included as Additional Insured on the General Liability and utomobile policies per policy form as required by written contract. General Liability insurance is primary and ontinued.,. trttl I H-IUA I t MULUtK UANUtLL.A I IUN 10 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 10 DAYS WRITTEN NOTICE TO THE City of Lubbock CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO c/o Public Works Contracting Office SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON 1625 13th St, Ste 204 THE INSURER, ITS AGENTS OR REPRESENTATIVES. Lubbock TX 79401 AUTHORIZED REPRESENTATIVE ACORD 25 (2009/01) ©1988-2009 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD 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 This Certificate of Insurance 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 (2009/01) non-contributory, and any other valid and collectable insurance for the Additional Insured shall be excess, waiver of Subrogation is included in favor of the same on the General Liability, Automobile and Workers' Compensation policies. Umbrella policy follows form. There are no XUC Exclusions. Endorsement form G-140331-A (Additional Insured) is attached. 0/11/eruV D;UO Memotie 1L imprinti 1L U e/,3 CERTIFICATE OF LIABILITY INSURANCE 08/1 /09 "' PRODUCER 1-432-570-3456 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Arthur J. Gallagher Risk Management Services, Inc. ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 110 N. Marienfeld ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Suite 330 Midland, TX 79701 Becky chatfieldoa.com INSURERS AFFORDING COVERAGE NAIC # INSURED INSURERA: LEXINGTON INS CO 19437 Artex Electric, Inc. INSURERB:UNITED STATES FIRE INS CO 21113 3508 Avenue J INSURERC:TEXAS MUT INS CO 22945 Lubbock, TX 79412-1421 INSURER D: TRAVELERS LLOYDS INS CO 41262 INSURER E: COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR kDIYN POLICYEFFECTIVE POLICY EXPIRATION LTR NSR TYPE OF INSURANCE POLICY NUMBER DATE MWDD/YYYY DATE MMIDD LIMITS A GENERAL LIABILITY 33055228 06/15/09 06/15/10 EACH OCCURRENCE $1,000,000 X COMMERCIAL GENERAL LIABILITY DAMAGE TO RE D PREMISES Ea occurrence $ 50,000 CLAIMS MADE Fx_1 OCCUR MED EXP (Anyone person) $ Excluded PERSONAL & ADV INJURY $ 1,000,000 X Al - CG2010 (11/85) X WOS - LX7127 (10/93) GENERAL AGGREGATE $ 2,000,000 GE N'L AGGREGATE LIMIT APPLIES PER PRODUCTS - COMP/OP AGG $ 2,000,000 POLICY X ECT LOC Employee Benefits $1,000,000 B AUTOMOBILE LIABILITY 133-728022-8 06/15/09 06/15/10 COMBINED SINGLE LIMIT X ANY AUTO (Ea accident) $ 1,000,000 BODILY INJURY ALL OWNED AUTOS SCHEDULEDAUTOS (Per person) $ BODILY INJURY $ X HIREDAUTOS X NON -OWNED AUTOS (Per accident) PROPERTYDAMAGE $ (Per accident) GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $ OTHER THAN EAACC $ L�ANY AUTO $ AUTO ONLY: AGG B EXCESS/UMBRELLA LIABILITY 553-092434-1 06/15/09 06/15/10 EACH OCCURRENCE $4,000,000 X OCCUR ]CLAIMS MADE AGGREGATE $ 4,000,000 $ DEDUCTIBLE $ RETENTION $ 0 C WORKERS COMPENSATION TSF0001100726 10 01 / /OB 10/01/09 X WCSTATU- 1g Y ) AND EMPLOYERS' LIABILITY YIN .E$- E.L. EACH ACCIDENT $ 1,000,000 ANY PROPRIETOR/PAR7NER1EXECUTIVE OFFICER/MEMBER EXCLUDED? n E.L. DISEASE - EA EMPLOYE9 $ 1,000,000 (Mandatory in NH) If yes, describe under SPECIAL PROVISIONS below E.L. DISEASE -POLICY LIMIT 1 $ 1,000,000 OTHER D Installation FLoater QT-660-5990N29A 07/02/09 06/15/10 Per Job Site 100,000 In Transit 25,000 Temporary Location 25,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES / EXCLUSIONS ADDED BY ENDORSEMENT/ SPECIAL PROVISIONS Blanket Additional Insured on General Liability and Auto and Blanket Waiver of Subrogation on all policies as required by written contract with respects to work performed by insured. Primary Re: ITB #09-727-BM - Intersection Improvements at 34th Street and University Avenue City of Lubbock, its officers, agents and employees are named as primary additional insured's on General Liability olic . CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION Allen Butler Construction DATE THEREOF, THE ISSUING INSURER WILL ENDEAVORTO MAIL 10 DAYS WRNTEN and City of Lubbock NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR #24 Lake Shore Drive REPRESENTATIVES. Lubbock, TX 79366 AUTHORIZED REPRESENTATIVE USA ACORD 25 (2009/01) bchatfield © 1988-2009 ACORD CORPORATION. All rights reserved 12763023 The ACORD name and logo are registered marks of ACORD a/11/2bby y:WU Remote ID Imprint ID 0 3/3 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 This Certificate of Insurance 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 (2009/01) 08I11I2009 15:46 8067976235 ALAN HENRY INSURANCE HAVE 02 IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(es) must be endorsed. A statement on this certificate does not confer rights to the Certificate holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s)_ DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. ACORD 25 (2001108) VV/Vf/LVVJ VV.:J'# OVOf HO:.aVxz v I cum cliv rr-au� rJJ DATE(MM/MYYY Y) AC ,. CERTIFICATE OF LIABILITY INSURE 8 s 2009 FROVVCER THIS CIERrIMATS IS ISSUED AS A MATTER OP INFORMATION H � � �� �4 [ Y>EG ONLY AND CONPRA$ NO RIGHTS UPON THE CERTIFICATE P.O. Box 118394 ALTEHOLR THE COVERAGE AFFORDED BY THEEPOLIC193 ENDOM Carrolltort, TX 73011. (972)466-0084 INSURERS AFFORDING COVERAGE NAIC4 INSURED V-Tech EnviromwntRi 8ervicMas MSURER A X'*.t vau Ra sty Cawalty Ins' Co. INsuRER S: Texas Mutual Ins C ass 1510 Buddy Holly INSURER C: ud)bock, TX 79401 INSURER D: 806.748 170 INSURER Ia OVLpjw THE POLICIES OF MURANCE MISTED BELOW HAVE BEI°N ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PMW INDICATED. NOTWITHSTANDING ANY REIUIREWENT, 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 POLICES DESCRIBED HERM IS SUBJECT TO ALL THE TERMS, EXCLUSICNS AND CONDITIONS OF SUCH POLWAES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED SY PAID CLAIMS. rrm LTR L POUCY NUMBER 2zm§m N mom LIMITS GENERA, LV1911-ITY EACH OCCuRRfNCE s 2,000,000 AM . $ 50,000 Z coMMERa:LaLaENERALLu191Lm MYAMMADE Fx� OCCUR La0w One t 51000 A X X professional Lia.• 015769-09-03 02-17-09 02-17-10 PHRSONAL4ADVMJJLMRY $ 2,000,000 Y F_gllutioa LiaL, GENERAL AOMMOATE $ 2,000,000 PRODUCTS-COMFIOPAGG b 2,000 000 OWL AGGRGOA"LINFTAPPLIES PER 17 POLICY LOO AUT0Mb21LELIABILITY ANYAUTO C.O1�fBfNEQ91NGLELIMR ItrBtrodtlem) s 60DILYIN,IURY (Per pm— � ALL OW NED ALIT08 SCHEDULED AUTOS HIREDAUTOS NON-OWNEDAUTOO This 46genc9 does not provide cav*rage. BdOILYlF11URY (Po+•tors) s PROPERTY DAMAGE (PeraetltlAnt) s - -- GARAGE UAs1Lm AUTO ONLY. EA ACOIMW ANVAUTO nix ngmuw dOea not provide coarrago. z tee , EAACO Y. AOG S t ExCESS/L*AREL A UAALfTY OCCUR ❑ CLAIMSMADE EACH OCOURRPNCE _ ACOF43ATE s This agency 4000 not 5 DEDUCTI8L8 provift covetraye . s s RETENTION 4 WOAKMOOMPENSATIONAND X AN"'LO `m ANY PROFKi1IT+XLPN371FJVE>Et7JfNE 3PE�lOAIf'KOVISION9 ODP0001082789 10-24-08 10-24-09 E,L.EACH AccIDIENT s 1,000,000 EL OWE N- P-A EMPLOYI4S 10001000 E.L.DISWE- POLICY LIMIT I s 1,000,000 OTW,Fk DESCRIPTIONOFOPERATIONS/ LOCATIONS/VEHICLES/RXCLUVONS ADDED BYENDORSELIENTISM WLPROVISION$ XTS A69^727-Sx. Snt4X**utioa mmProvmmati at 14th i UniveVoity. City of Lubbock is added " ami inSIALOd to panaxal 1iahility Aad Oltaetad waiver of AtbvOmkioa ba eanacal SiAbility +nd w6a*mr■ 00monaation. Coverage av^ilable to Ruch add). inaurwM is enbj*ot to all torn and con4itiom of the additiouil inaurod endoreemant attached. *vrotessional Liability is alai= taado. Coverages provided by the yoliaiee :Lndieltad Woove de not extend to 1WA==4r10ation/sol4 M&Xale4a Contreceusi ReQuilremeute. City of Lubbock P. 0. Box 2000, Room 204 LUbbdck, TX 79457 Attns Contract ManaQemamt Dowt. ACORD25(2001I08) .ANC4LL.A170N SHOULD ANY OP THE ABOVE DEWAISEU POLICIES BE LANCE M EEFORE THE WIRATIO DATE THEREOF, THE 188UINd INSURER WILL ENDEAVOR TO MNL_2Q DAYS WRITTEN NOTICE TO THE CERTIAICATE HOLDER NAMED TO TW LEFT, 6UT FAILURE To 00 SO $HALL 1MP08E NO MIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, rT8 AGEWS OR ACORD CORPORAVON'I IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the poticy(les) must be endorsed. A statement on this certificate does not confer rights to the cer6ticate holder In lieu of such endorsem ent(a), 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 endorSerttent(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. THIS ENDORSEMENT GRANGES THE POLICY. PLEASE READ IT CAREFULLY, ASCIC - ENV 01009 06 07 ADDITIONAL INSURED COVERAGE ENDORSEMENT This Endorsement shall not serve to increase our limits of insurance, as described in the LIMITS OF INSURANCE section of this policy, It Is agreed the following changes are incorporated into the policy. The following shall be added to SECTION 1, COVERAGE A., Per. 1.: Any person shown as an Additional Insured on a certificate of insurance issued by our authorized representative provided such person Is required to be named as an Additional Insured in a written contract with you, shall be entitled to coverage hereunder solely for "claims" or "suits" for °bodily injury" or "property damage" arising solely out of your negligence and not out of the negligence of any other person or entity. The limits of insurance provided to such Additional insured shell be limited to the lesser of the limits of Insurance required in a written contract with you, or the limits of insurance as described in the LIMITS OF INSURANCE section(s) under the policy. No obligation for defense or indemnity under the policy Is provided to any Additional Insured for "claims" or "suits" directly or Indirectly "arising from" the status, actions or inaction, including (without limitation) for vicarious, derivative or strict liability of said Additional Insured, Its agents, consultants, servants, contractors or subcontractors (other than the Named Insured), except for the actions or inactions of the Named Insured. We will have no duty to defend any Insured, other than the Named Insured, except when the sole allegation against that insured is vicarious liability for the sole negligence of the Named insured and not the negligence of any other person or entity. All terms, conditions and exclusions of the policy, Including, but not limited to, any deductible or seif-insured retention, shall apply to such Additional insured. All other terms, conditions and exclusions under the policy are applicable to this Endorsement and remain unchanged. ENV 01 009 06 07 CopyrightO 2007 American Safety Casualty Insurance Company Page 1 of 1 rio/ri(/zuu7 qo: O4 DUO(40DUIZ V IM.-M GIVV rHUr- U0 Aug 06 09 03:56p p'l qn fMM CERTIFICATE OF INSURANCE SUCH INSURANCE AS RESPECTS TWE INTEREST or THE CERTIFICATE BOLDER NAMED BELOW WILL NOT 85 CANCELED OR OTHERWISE TERMINATED WITHOUT GIVING 10 DAYS PRIOR WRITTEN NOTICE TO THE CERTIFICATE HOLDER, BUT 1N NO EVENT SHALL THIS CERTIFICATE BE VALID MORE THAN 30 DAYS FROM THE DATE WRITTEN. THIS CERTIFICATE OF INSURANCE DOES NOT CHANGE THE COVERAGE PROVIDED BY ANY POLICY DESCRIBED BELOW. This certifies that: Z STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY of Bloomington, Illinois ® STATE FARM FIRE AND CASUALTY COMPANY of Bloomington, Illinois C] STATE FARM COUNTY MUTUAL INSURANCE COMPANY OF TEXAS of Dallas, Texas [] STATE FARM INDEMNITY COMPANY of Bloomington, Illinois, or ❑ STATE FARM GUARANTY INSURANCE COMPANY of Bloomington, Illinois has covers a in force for the following Named Insured 9s shown below: NAMED INSURED: Randy & Folly Varuu dba V-Tech Enviroameotal Services ADDRESS OF NAMED INSURED: 100 E. 25th Street - Littlefield, Texas 79339 POLICY NUMBER g 14211)4-621-43Q P 142104-E21-430 P 142104-E21-43Q P 142104-E21-43Q EFFECTIVE DATE OF POLICY 05/21/09-11/21/09 05/21./C9-11/21/09 05/21/09-11/21/09 05/21/09-1'f21tOS 2004 ford $250 SD 2002 GMC it 2500 11197 Ford Exp Spt 2000 Chev X1500 PO DESCRIPTION OF 1GTHK291X2E111777 wan PU=F-'NW21P44E965361 VEHICLE (Including VIM) 1FMFU100VL345016 2 EK=9^SY13$083b LIABILITY COVERAGE YES q NO YES [] NO Z YES ❑ NO ® YES ❑ NO L LIMITS 8F [ IABILITY a. Bodily Injury Each Person 1 Million 1 Million 1 Million 1 Wll:.an Each Accident 1 Mil'ibn 1 Million 1 million 1 million b. Property Damage Each Accident 1 Million 1 Million 1 Million 1 Million c. Bodily Injury R Property Damage Single LJmA Each Accident PHYSICAL. DAMAGE COVERAGES ® YES ❑ NO ❑ YES ®NO El YES ❑ NO ® YES ® NO A. comprehensive 51.000 Deductible $ DeduatlMe $ 1000 Deductible $ 100C ❑eductible ® YES ❑ NO ❑ YES ONO N YES [] NO Z YES ❑ NO b. Collision $ loco Deduettble $ Deductible $ 100C Deductible $ 1b00 veduct @ EMPLOYERS NWOWNED CAR LIABILITY COVERAGi3 0 YES ❑ NO M YES ❑ NO 23YES ❑ NO ® YES [1 NO COVERAIRLD CAR ELlAsluTv ❑ YES NO YES ® NO [] YES ® NO ❑ YES ® NO FLEET -• COVERAGE; FOR MOTOR VEHIICLLANDE�D S� LOYES El NO ❑ YES Z NO I ❑ YES ® NO ❑ YES ID NO ezat 7339 08 /06/2009 SigPtureloefZul/th".d,,d Reprea®ntative Tide Agent's Code Number Cate Name and Address of Certificate Holder Name and Address oPAgent Allen Sut_le: Construction 24 S. Lakesho_e Dr. Aan.=.om Canyon, Tx. 79166 Re: ITB 09-727--3M Attn: Mike Wes_ I STATE FARM USE ONLY: ❑ Request permanent Mark Marton State Earn -.nsurance 1a3 hest Ave D R.O. Box 315 MvUeSAOe, Texas 79311 ** Added as Additional Insured and granted a Waiver of subrogaticn. ** for liability coverage. srta r■ ®® CERTIFICATE OF INSURANCE INSU■NCI6 SUCH INSURANCE AS RESPECTS THE INTEREST OF THE CERTIFICATE HOLDER NAMED BELOW WILL NOT BE CANCELED OR OTHERWISE TERMINATED WITHOUT GIVING 10 DAYS PRIOR WRITTEN NOTICE TO THE CERTIFICATE HOLDER, BUT IN NO EVENT SHALL THIS CERTIFICATE BE VALID MORE THAN 30 DAYS FROM THE DATE WRITTEN. THIS CERTIFICATE OF INSURANCE DOES NOT CHANGE THE COVERAGE PROVIDED BY ANY POLICY DESCRIBED BELOW. This certifies that: ® STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY of Bloomington, Illinois - ❑ STATE FARM FIRE AND CASUALTY COMPANY of Bloomington, Illinois ❑ STATE FARM COUNTY MUTUAL INSURANCE COMPANY OF TEXAS of Dallas, Texas, or ❑ STATE FARM INDEMNITY COMPANY of Bloomington, Illinois has coverage in force for the followina Named Insured as shown below: NAMED INSURED: Randy & Polly Vann dba V-Tech Environmental Services ADDRESS OF NAMED INSURED: 100 EAST 25T" STREET - LITTLEFIELD, TEXAS 79339-5601 POLICY NUMBER P14 2104 P14 2104 P14 2104 P14 2104 EFFECTIVE DATE OF POLICY 05/21/09-11/29/09 05/21/09-11-21/09 05/21/09-11-29-09 05/21/09-11/21/09 DESCRIPTION OF 1997 FORD EXP.SPT 2000 CHEV K1500 2004 FORD F250 SD 2002 GMC K2500 PU WGN PU PU VEHICLE (Including VIN) 1GTHK291X111777 1FMFUlBLVLB45816 2GCEK19TSY1380830 1FTNW21P44EB65361 LIABILITY COVERAGE ® YES ❑ NO ® YES ❑ NO ® YES ❑ NO ® YES ❑ NO LIMITS OF LIABILITY a. Bodily Injury Each Person 1 MILLION 1 MILLION 1 MILLION 1 MILLION Each Accident 1 MILLION 1 MILLION 1 MILLION 1 MILLION b. Property Damage Each Accident 1 MILLION 1 MILLION 1 MILLION 1 MILLION c. Bodily Injury & Property Damage Single Limit Each Accident PHYSICAL DAMAGE COVERAGES ® YES ❑ NO ❑ YES ® NO ® YES ❑ NO ® YES ❑ NO a. Comprehensive $ 1000 Deductible $ Deductible $ 1000 Deductible $ 1000 Deductible ® YES ❑ NO ❑ YES ® NO ® YES ❑ NO ® YES ❑ NO b. Collision $ 1000 Deductible $ Deductible $ 1000 Deductible $ 1000 Deductible EMPLOYERS NON -OWNED CAR LIABILITY COVERAGE ® YES ❑ NO ® YES ❑ NO ® YES ❑ NO ® YES ❑ NO HIRED CAR LIABILITY ❑ ® NO ❑ YES ® NO [-IYES YES ® NO ❑ YES ❑ NO COVERAGE FLEET - COVERAGE FOR ALL OWNED LICENSED ❑ YES ® NO ❑ YES ® NO ❑ YES ® NO El YES ® NO MOVEHICLE VEHICLES Name and AddreSS of uertiticate Holder City of Lubbock PO Box 2000, Rm. 204 Lubbock, Texas 79457 Re:ITB #09-727-BM Attn:Contract Management Dept. Name and Address of Agent MARK MORTON STATE FARM INSURANCE 113 WEST AVE b P.O. BOX 315 MULESHOE, TEXAS 79347 ** Added as Additional Insured and granted a Waiver of Subrogation. ** INTERNAL STATE FARM USE ONLY: LJ Request permanent Certificate of Insurance for liability coverage. 122429.2 Rev. 06-10-2004 ❑ Request Certificate Holder to be added as an Additional Insured. 08/11/2009 02:47 8067987888 BUTLER CARSON INS PAGE 01 ACOR, CERTIFICATE OF . LIABILITY INSURANCE 8A11M10 20 9 PRODUCER (806) 798-7979 FAX: (806)798-7888 THIS CERTIFICATE 19 ISSUED AS A MATTER OF INFORMATION Sutler Carson insurance ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 4505 82nd st, suite 10 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Lubbock Tit 79424 INSURERS AFFORDING COVERAGE NAIL # INSURED West Texas Barricades, Inc. INSURERA:Admiral 131®uranCe CQm an dba Barricades Uali,mited & West INSURER9:Illinoin National Texas Traffic Control, Inc. INSURERC: P _ 0. Box 11001 INSURER D Lubbock TX 79408 INSURER 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 TERyMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES, IN3RADD' TYPE OF INSURANCE P0LICYNUM9ER DATEYMb �On� PPAIE(MMIDONY) LIMITS GENERAL LIABILITY S 1,000,000 PSEMRSIEST $ 50, 000 X COMMERCIAL GENERA!, LIApI1.fTY A CLANS MADE -OCCUR CA000013741-07 1/01/2004 9/15/2009 M D _ s 51000 g 1,000,000 E E8ALAGGREGATE $ 5, 000, 000 GEML AGGREGATE LIMIT APPLIES PER: S 2,000,000 pOtICY P 0 AUTOMOBILE LIABILITY ANY AUTO COMBINED SINGLE LIMIT (Ba ecddem!I 3 BODILY INJURY (PerP0f son) S ALI.0INNED AUTOS SCHEDULED AUTOS BODILY INJURY (Pu a-IdwA) $ 141KO AUTOS NON•OvxNEO AUT08 PROPERTY DAMAGE (P,N R-Cldmt) S GARAGE LIABILITY AUTO ONLY • EA ACCIDENT $ OTHER THAN -EA.(ACC S ANY AUTO $ AUTO ONLY; AGG B EXCESSIUMBRELLALIABILITY Bs09455s444 9/15/2008 9/15/2009 EACH OCCUR gEN 2,000,000 AGGREGAT 9 21000,000 X OCCUR CLAIMS MADE S S DEDUCTIBLE X RETGNTION 120,000, WORKERS COMPENSATION AND I&STATU• OTH. ER EMPLOYERS' LIABILITY ANY PROPRIETORIPARTNEREXECUTIVE E.L. EACH ACCIDENT 3 G1. 131 PLOYEE $ OFFICERIMEMBER EXCLUDED? If yes, aeambe under 1 N &L, DI*WE POLICY LIMIT OTHER DESCRIPTION OF OPERATIONSILOCATIONSNEHICLES!EXCLUSIONS ADDED SY ENDORSEMENTISPECIAL PROVISIONS Blanket Additional insured on A Primary & Won -Contributing bapis %e required by written contract. Blanket waiver Of Subrogation and 30 day5 written notice o£ cancellation an required by written contract. Project: City of XMbbook, Contract #9057, Project 4#Is ITS #09-727 Bm interaeotion Improvement0 at 34th & University (806)745-7577 Allen sutler Conatruction, Inc. Attention: Mike Went 24 S. Lakeshore Drive Ransom Canyon, TX 79366 AGORD 25 (2001108) INS026 (0108).08. CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBRD POLICIES! BE CANCELLED 9EPORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN NO TO THE CERTIFICATE HOLDPR NAMED TO THE LEFT. BUT FAILURE TO 00 SO SHALL SE NO OBLI TION 0 U1 ITY OF A ND UPON THE INSURER ITS AGENT$ OR S NTA S AUTHORIZED REPRESENTA E Gordon Butler (M 3N 1988 Papa 1 of 2 08/11/2009 02:47 8067987888 BUTLER CARSON INS PAGE 02 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 lnsurance 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. %CORD 25 (2001/08) "l5026 too oe},G6a Raga 2 of G 08/11/2009 15:46 8067976235 ALAN HENRY INSURANCE PAGE 01 ACORD CERTIFICATE OF LIABILITY INSURANCE =DA-Mii%o9""' PRODUCER Alan Henry Ins. Agency, Inc, THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE 3407 19th Street HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR Lubbock. TX 79410 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. INSURERS AFFORDING COVERAGE NAIC # INSURED West Texas, Barricades, Ltd- INSURER Southern County Mutual Ins. Co, dba Barricades Unlimited INSURER 8! PO Sox 11001 I UREp_c; _ Lubbock TX 79408 INsuRSR 0; INSURER . 'Texas Mutual Insurance Co. COVERAGES W i THE POLICIES OF INSURANCE LISTED BELOW HAVE PEEN 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 POLICIE5 DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE SEEN REDUCED 9Y PAID CLAIMS, INSR ADDI POLICY NUMBER PCY EFFECTIVE POLICY POLICY EXPIRATION U GENERAL LIABILITY COMMERCIAL GENERAL LIABILITY CLAIMS MADE OCCUR EACH OCC REN E__ DAMAGE TO RENTED M D W (Aryy one reon $,...` S PERSONAL V INJURY s GENERALAGORE ! GEN'L AGGREGATE LNIT APPLIE$ PER; PO pRb LOC PRODUCTS - COMP/ P AGG 3 A A OMOBD-E LIABILITY ANY AUTO ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS NON40WNEDAUTOS STC564564-04 *Blanket Additional Insured; Blanket Waiver of Subrogation; Blanket 30 day NOC apply if required by Written contract 05/31/2009 05/31/2010 COMBINED SINGLE UMIT (Ea nZidenl) ! 1,000,001 -- — $ BODILY INJURY (Per Nam) X X BODILY INJURY (PreacodoM) s 5 —1 PROPERTY DAMAGE (Par accidant) GARAGE LIABILITY ANY AUTO AUTO ONLY - EA ACCIDENT S OTHER THAN EA ACC AUTO ONLY; G CESWUMSRELLA LIABILITY OCCUR I� GLAIM6 MADE DEDUCnBLE RETFNIION S$ EACH OCCURRENCE ! AGGREGATE S g E WORKERS COMPENSATION AND EMPLOYE'RS• UIABILITY ANY PRoPRIETORIPARTNERIEXECUTIVE OFFICE EMBER EXDLUDEm If ell UeeCtibe undwERE TSF0001 11749720090531 Blanket Waiver of Sub. if req 05/31 /2009 05/31 /2010 X I IA'C STATU- I OTH- E.L. CH ACCIDENT 1,000,000 $ E,L DISEASE - CA EMPLOYEE S 1,000,000 E.L. DISEASE - PAI 1('y LIMrT A 11> OTHER DESCRIPTION OF OPERATIONS / LOCATIONS I VEHICLE$! EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS City of Lubbock. - Owner Contract no. 9057 Project no, 1TB # 09-727-BM-intersection Improvements at 34th Street and University Avenue CERTIFICATE HOLDER i *Allen Butler Construction, Inc. 24 S. Lakesbote Drive Ranson Canyon TX 79366 LACORD 2S (2001108) C_ CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POlIdES BE CANCELLED BEV THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL ,,jj((JJ DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL IMPOSE NO ORU(IATK)N OR LIABILITY OF ANY KIND UPON THE INSUR£A, ITS AGENTS OR REPREBENTATIVEB. AUTHORIZED REPRESENTATIVE g, ACORD CORPORATION 1950 No Text CERTIFICATE OF INSURANCE TO: CITY OF LUBBOCK DATE: P.O. BOX 2000, Room 204 LUBBOCK, TX 79457 TYPE OF PROJECT: THIS IS TO CERTIFY THAT (Name and Address of Insured) is, at the date of this certificate, insured by this Company with respect to the business operations hereinafter described, for the typed of insurance and in accordance with the provisions of the standard policies used by this company, the further hereinafter described. Exceptions to standard policy noted hereon. TYPE OF INSURANCE POLICY NUMBER EFFECTIVE EFFECTIVE LIMITS DATE DATE GENERAL LIABILITY C Commercial General Liability General Aggregate $ ❑ Claims Made Products-Comp/Op AGG $ Occurrence Personal & Adv. Injury $ ❑ Owner's & Contractors Protective Each Occurrence $ ❑ Fire Damage (Any one Fire) $ Med Exp (Any one Person) $ AUTOMOTIVE LIABILITY ❑ Any Auto Combined Single Limit $ ❑ All Owned Autos Bodily Injury (Per Person) $ ❑ Scheduled Autos Bodily Injury (Per Accident) $ ❑ Hired Autos Property Damage $ ❑ Non -Owned Autos 11 GARAGE LIABILITY ❑ Any Auto Auto Only - Each Accident $ ❑ Other than Auto Only: Each Accident $ Aggregate $ ❑ BUILDERSRISK 1-1 100% of the Total Contract Price $ ❑ INSTALLATION FLOATER $ EXCESS LIABILITY ❑ Umbrella Form Each Occurrence $ Aggregate $ Other Than Umbrella Form $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY The Proprietor/ ❑ Included Statutory Limits Partners/Executive C Excluded Each Accident $ Officers are: Disease Policy Limit $ Disease -Each Employee $ OTHER The above policies either in the body thereof or by appropriate endorsement provide that they may not be changed or i canceled by the insurer in less than the legal time required after the insured has received written notice of such change or .- cancellation, or in case there is no legal requirement, to less than five days in advance of cancellation. FIVE COPIES OF THE CERTIFICATE OF INSURANCE -' MUST BE SENT TO THE CITY OF LUBBOCK (Name of Insurer) By: Title: The Insurance Certificates Furnished shall name the City of Lubbock as a Primary Additional Insured on General Liability and provide a Waiver of Subrogation in favor of the City of Lubbock. CONTRACTOR CHECKLIST 3 A CONTRACTOR SHALL: (1) provide coverage for its employees providing services on a project, for the duration of the project based on proper reporting of classification codes and payroll amounts and filling of any coverage agreements; (2) provide a certificate of coverage showing workers' compensation coverage to the governmental entity prior to beginning work on the project; (3) provide the governmental entity, prior to the end of the coverage period, a new certificate of coverage showing extension of coverage, if the coverage period shown on the contractor's current certificate of coverage ends during the duration of the project; (4) obtain from each person providing services on a project, and provide to the governmental entity: (A) a certificate of coverage, prior to that person beginning work on the project, so the governmental entity will have on file certificates of coverage showing coverage for all persons providing services on the project; and (B) no later than seven days after receipt by the contractor, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (5) retain all required certificates of coverage on file for the duration of the project and for one year thereafter; (6) notify the governmental entity in writing by certified mail or personal delivery, within ten (10) days after the contractor knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project; (7) post a notice on each project site informing all persons providing services on the project that they are required to be covered, and stating how a person may verify current coverage and report failure to provide coverage. This notice does not satisfy other posting requirements imposed by the Act or other commission rules. This notice must be printed in at least 19-point normal type, and shall be in both English and Spanish and any other language common to the worker population. The text for the notices shall be the following text provided by the commission on the sample notice, without any additional words or changes: PROOF OF COVERAGE SHALL BE FURNISHED TO THE CITY OF LUBBOCK IN THE FORM OF A CERTIFICATE OF INSURANCE. THE INSURANCE CERTIFICATES FURNISHED SHALL NAME THE CITY OF LUBBOCK AS A PRIMARY ADDITIONAL INSURED AND PROVIDE A WAIVER OF SUBROGATION IN FAVOR OF THE CITY OF LUBBOCK, OR IN THE ALTERNATIVE, SHALL BE ACCOMPANIED BY A STATEMENT FROM THE CONTRACTOR TO THE EFFECT THAT NO WORK ON THIS PARTICULAR PROJECT SHALL BE SUBCONTRACTED. IT SHALL BE THE CONTRACTOR'S RESPONSIBILITY TO PROVIDE TO THE OWNER ALL PROOF OF COVERAGE INSURANCE DOCUMENTS INCLUDING WORKERS COMPENSATION COVERAGE FOR EACH SUBCONTRACTOR. REQUIRED WORKERS' COMPENSATION COVERAGE "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 (8) contractually require each person with whom it contracts to provide services on a project, to: (A) provide coverage based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements for all of its employees providing services on the project, for the duration of the project; (B) provide a certificate of coverage to the contractor prior to that person beginning work on the project; (C) include in all contracts to provide services on the project the language in subsection (e) (3) of this rule; (D) provide the contractor, prior to the end of the coverage period, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (E) obtain from each other person with whom it contracts, and provide to the contractor: (i) a certificate of coverage, prior to the other person beginning work on the project; and (ii) prior to the end of the coverage period, a new certificate of coverage showing extension of the coverage period, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (F) retain all required certificates of coverage on file for the duration of the project and for one year thereafter; (G) notify the governmental entity in writing by certified mail or personal delivery, within (ten) 10 days after the person knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project; and (IT) contractually require each other person with whom it contracts, to perform as required by paragraphs (A) - (11), with the certificate of coverage to be provided to the person for whom they are providing services. Page Intentionally Left Blank E� U E� z 0 U w �_.. , ,_ ,.. _ __ u. �� Pap-e Intentionally Left Blank CONTRACT # 9057 STATE OF TEXAS COUNTY OF LUBBOCK h THIS AGREEMENT, made and entered into this 28th day of July. 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 Allen Butler Construction Inc. of the City of Ransom Canyon, 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 # 09-727-BM — INRTERSECTION DAPROVEMENTS AT 34TH STREET AND UNIVERSITY AVENUE and all extra work in connection therewith, under the terms as stated in the contract documents and at his (or their) own proper cost and expense to furnish all materials, supplies, machinery, equipment, tools, superintendence, labor, insurance and other accessories and services necessary to complete the said construction in accordance with the contract documents as defined in the General Conditions of Agreement. Allen Butler Construction Inc's bid dated July 14, 2009 is incorporated into and made a part of this agreement. The CONTRACTOR hereby agrees to commence work within ten days after the date written notice to do so shall have been given to him and to substantially complete same within the time specified in the contract documents. Pam_: 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 n, payment on account thereof as provided therein. IN WITNESS WHEREOF, the parties to these presents have executed this agreement in Lubbock, Lubbock County, Texas in the year and day first above written. CONTRACTOR: COMPLETE ADDRESS: CompanyAfi��� m C- Address O% l7 City, State, Zip kn e n / ATTEST: Corporate,Secretary CITY LUBBOCK, TEXAS (OWNER): By: _ it Jim Gilbreath, Mayor Pro Tem ATTEST: City Secr&ary ( \ APROV YAS;CO;�NT: resnivRtatev ner's Director APP VE AST FORM: City Attorney {\ � � � \} � �J � 2 #ate !n eniona!!f Left Blank / � a . � � �4 � � � � \} {} /{ GENERAL CONDITIONS OF THE AGREEMENT Page Intentionally Left Blank GENERAL CONDITIONS OF THE AGREEMENT OWNER Whenever the word Owner, or First Party, are used in this contract, it shall be understood as referring to the City of Lubbock, Texas. 2. CONTRACTOR Whenever the word Contractor, or Second Party, is used, it shall be understood to mean the person, persons, co- partnership or corporation, to wit Allen Butler Construction, Inc. who has agreed to perform the work embraced in this contract, or their legal representative. OWNER'S REPRESENTATIVE Whenever the word Owner's Representative or representative is used in this contract, it shall be understood as referring to, City of Lubbock, or its representative LARRY HERTEL P.E. 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," or words of like import are used, it shall be understood that the direction, requirement, permission, order, designation or prescription of the Owner's Representative is intended; and similarly, the words "Approved," "Acceptable," "Satisfactory," or words of like import shall mean approved by or acceptable or satisfactory to the Owner's Representative. 6. SUBCONTRACTOR The term Subcontractor, as employed herein, includes only those having a direct contract with the Contractor for performance of work on the project contemplated by these contract documents. Owner shall have no responsibility to any Subcontractor employed by Contractor for performance of work on the project contemplated by these contract documents, but said Subcontractors 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. 8. CONTRACTOR'S RESPONSIBILITIES Unless otherwise stipulated, the Contractor shall provide and pay for all materials, supplies, machinery, equipment, tools, superintendence, labor, insurance, and all water, light, power, fuel, transportation and all other facilities necessary for the execution and completion of the work covered by the contract documents. Unless otherwise specified, all materials shall be new and both workmanship and materials shall be of a good quality. The Contractor shall, if required, furnish satisfactory evidence as to the kind and quality of materials. Materials or work described in words which so applied have well known, technical or trade meaning shall be held to refer such recognized standards. All work shall be done and all materials furnished in strict conformity with the contract documents. 9. SUBSTANTIALLY COMPLETED The term "Substantially Completed" is meant that the structure or project contemplated by the contract documents has been made suitable for use or occupancy or the facility is in a condition to serve its intended purpose, but still may require minor miscellaneous work and adjustment. 10. LAYOUT Except as specifically provided herein, the Contractor shall be responsible for laying out all work and shall accomplish this work in a manner acceptable to the Owner's Representative. The Owner's Representative 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 J, 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. 14. OWNER'S REPRESENTATIVE'S AUTHORITY AND DUTY Unless otherwise specified, it is mutually agreed between the parties to this Agreement that the Owner's Representative has the authority to review all work included herein. The Owner's Representative has the authority to stop the work whenever such stoppage may be necessary to ensure the proper execution of the contract. The Owner's Representative shall, in all cases, determine the amounts and quantities of the several kinds of work which are to be paid for under the contract documents, and shall determine all questions in relation to said work and the construction thereof, and shall, in all cases, decide every question which may arise relative to the execution of this contract on the part of said Contractor. The decision of the Owner's Representative shall be conclusive in the absence of written objection to same delivered to Owner's Representative within fifteen (15) calendar days of any decision or direction by Owner's Representative. In the absence of timely written objection by Contractor, as provided herein, any and all objection or objections shall be deemed waived. 15. SUPERINTENDENCE AND INSPECTION It is agreed by the Contractor that the Owner's Representative shall be and is hereby authorized to appoint from time to time such subordinate engineers, supervisors, or inspectors as the said Owner's Representative may deem proper to inspect the materials furnished and the work done under this Agreement, and to see that said material is furnished and said work is done in accordance with the specifications therefore. The Contractor shall furnish all reasonable aid and assistance required by the subordinate engineers, supervisors or inspectors for the proper inspection and examination of the work. The Contractor shall regard and obey the directions and instructions of any subordinate engineers, supervisors or inspectors so appointed, when such directions and instructions are consistent with the obligations of this Agreement and accompanying plans and specifications provided, however, should the Contractor object to any orders by any subordinate engineer, supervisor or inspector, the Contractor may within fifteen (15) calendar days make written appeal to the Owner's Representative for its decision. In the absence of timely written objection by Contractor, as provided herein, any and all objection or objections shall be deemed waived. 16. CONTRACTOR'S DUTY AND SUPERINTENDENCE The Contractor shall give personal attention to the faithful prosecution and completion of this contract and shall keep on the work, during its progress, a competent superintendent and any necessary assistants, all satisfactory to Owner's Representative. The superintendent shall represent the Contractor in its absence and all directions given to superintendent shall be binding as if given to the Contractor. It is expressly agreed that adequate supervision by competent and reasonable representatives of the Contractor is essential to the proper performance of the work and lack of such supervision shall be grounds for suspending operations of the Contractor. The work, from its commencement to completion, shall be under the exclusive charge and control of the Contractor and all risk in connection therewith shall be borne by the Contractor. The Owner or Owner's Representatives shall not be responsible for the acts or omissions of the Contractor, or any subcontractors, or any of Contractor's agents or employees, or any other persons performing any of the work. 17. CONTRACTOR'S UNDERSTANDING It is understood and agreed that the Contractor has, by careful examination, satisfied itself as to the nature and location of the work, the confirmation of the ground, the character, quality and quantity of materials to be encountered, the character of equipment and facilities needed preliminary to and during the prosecution of the work, and the general and local conditions, and all other matters which in any way affect the work under the ' contract documents. No oral agreement or conversation with any officer, agent, or employee of the Owner, or l Owner's Representative either before or after the execution of this contract, shall affect or modify any of the terms or obligations herein contained. Subject to the rights of Owner as set forth in Paragraph 23 hereof, all modifications and/or amendments to the contract documents, shall be in writing, and executed by Owner's Representative and Contractor. Unless otherwise specified herein, all loss, expense or damage to Contractor arising out of the nature of the work to be done, or from the action of the elements, or from any unforeseen circumstance and the prosecution of the -, work, shall be sustained and bome by the Contractor at its own cost and expense. 18. CHARACTER OF WORKERS The Contractor agrees to employ only orderly and competent workers, skillful in the performance in the type of work required under this contract, to do the work; and agrees that whenever the Owner's Representative shall inform Contractor in writing that any man or men on the work, are, in Owner's Representative's sole opinion, incompetent, unfaithful, disorderly, or otherwise unacceptable to Owner or Owner's Representative, such man or men shall be discharged from the work and shall not again be employed on the work without the Owner's Representative's written consent. 19. CONSTRUCTION PLANT The Contractor shall provide all labor, tools, equipment, machinery and materials necessary in the prosecution and completion of this contract where it is not otherwise specifically provided that Owner shall famish same, and it is also understood that Owner shall not be held responsible for the care, preservation, conservation, or , protection of an materials tools equipment or machine or an art of the work until it is finally completed and P Ymachinery Y P Y P 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. If any such work which is required to be inspected, tested, or approved is covered up without written approval or consent of the Owner or Owner's Representative, it must, if requested by the Owner or Owner's Representative, be uncovered for observation and testing at the Contractor's expense. The cost of all such inspections, tests and approvals shall be borne by the Contractor unless otherwise provided herein. Any work which fails to meet the requirements of any such tests, inspections or approvals, and any work which meets the requirements of any such 4 I tests or approvals but does not meet the requirements of the contract documents shall be considered defective, and �- shall be corrected at the Contractor's expense. Neither observations by the Owner or Owner's Representative, nor inspections, tests, or approvals made by Owner, Owner's Representative, or other persons authorized under the contract documents to make such inspections, tests, or approvals shall relieve the Contractor from its obligation to perform the work in accordance with the requirements of the contract documents. 22. DEFECTS AND THEIR REMEDIES It is expressly agreed that if the work or any part thereof, or any material brought on the site of the work for use in the work or selected for the same, shall be deemed by the Owner or Owner's Representative as unsuitable or not in conformity with plans, specifications and/or contract documents, the Contractor shall, after receipt of written notice thereof from the Owner's Representative, forthwith remove such material and rebuild or otherwise remedy f such work so that it shall be in full accordance with the contract documents. It is further agreed that any remedial action contemplated as hereinabove set forth shall be at Contractor's expense. 23. CHANGES AND ALTERATIONS ` The Contractor further agrees that the Owner may make such changes and alterations as the Owner may see fit, in the line, grade, form dimensions, plans or materials for the work herein contemplated, or any part thereof, either before or after the beginning of the construction, without affecting the validity of this contract and the accompanying bond. If such changes or alterations diminish the quantity of the work to be done, they shall not constitute the basis for a claim for damages, or anticipated profits on the work that may be dispensed with. If they increase the amount of work, and the increased work can fairly be classified under the specifications, such increase shall be paid according to the quantity actually done and at the unit price established for such work under this contract; otherwise such additional work shall be paid for as provided under Extra Work. In case the Owner shall make such changes or alterations as shall make useless any work already done or material already furnished or used in said work, then the Owner shall recompense the Contractor for any material or labor so used, and for actual expenses incurred in preparation for the work as originally planned. 24. EXTRA WORK The term "extra work" as used in this contract shall be understood to mean and include all work that may be required by, the Owner or Owner's Representative to be done by the Contractor to accomplish any change, alteration or addition to the work as shown on the plans and specifications or contract documents and not covered by Contractor's bid, except as provided under Changes and Alterations herein. It is agreed that the Contractor shall perform all extra work under the direction of the Owner's Representative when presented with a written work order signed by the Owner's Representative; subject, however, to the right of the Contractor to require written confirmation of such extra work order by the Owner. It is also agreed that the compensation to be paid to the Contractor for performing said extra work shall be determined by the following methods: Method (A) - By agreed unit prices; or Method (B) - By agreed lump sum; or Method (C) - If neither Method (A) or Method (B) be agreed upon before the extra work is commenced, then the Contractor shall be paid the lesser of the following: (1) actual field cost of the extra work, plus fifteen (15%) percent; or (2) the amount that would have been charged by a reasonable and prudent Contractor as a reasonable and necessary cost for performance of the extra work. In the event said extra work be performed and paid for under Method (C)(1), then the provisions of this paragraph shall apply and the "actual field cost" is hereby defined to include the cost of all workmen, such as foremen, timekeepers, mechanics and laborers, materials, supplies, teams, trucks, rentals on machinery and equipment, for the time actually employed or used on such extra work, plus actual transportation charges necessarily incurred, together with all expenses incurred directly on account of such extra work, including Social Security, Old Age Benefits, Maintenance Bonds, Public Liability and Property Damage and Workers' Compensation and all other insurances as may be required by law or ordinances or directed by the Owner or Owner's Representative, or by them agreed to. Owner's Representative may direct the form in which accounts of the actual field cost shall be kept and records of these accounts shall be made available to the Owner's Representative. The Owner's Representative may also specify in writing, before the work commences, the method of doing the work and the type and kind of machinery and equipment to be used; otherwise, these matters shall be determined by the Contractor. Unless otherwise agreed upon, the prices for the use of machinery and equipment shall be determined by using 100%, unless otherwise specified, of the latest Schedule of Equipment and Ownership Expenses adopted by the Associated General Contractors of America. Where practical, the terms and prices for the use of machinery and equipment shall be incorporated in the written extra work order. The fifteen percent (15%) of the actual field cost to be paid to Contractor shall cover and compensate Contractor for its profit, overhead, general superintendence and field office expense, and all other elements of cost and expense not embraced within the actual field cost as herein defined, save that where the Contractor's Camp or Field Office must be maintained primarily on account of such Extra Work, then the cost to maintain and operate the same shall be included in the "actual field cost." No claim for extra work of any kind 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. 26. RIGHT OF OWNER TO MODIFY METHODS AND EQUIPMENT If at any time the methods or equipment used by the Contractor are found to be inadequate to secure the quality of work with the rate of progress required under this contract, the Owner or Owner's Representative may order the Contractor in writing to increase their safety or improve their character and efficiency and the Contractor shall comply with such order. If, at any time, the working force of the Contractor is inadequate for securing the progress herein specified, the Contractor shall, if so ordered in writing, increase its force or equipment, or both, to such an extent as to give reasonable assurance of compliance with the schedule of progress. 27. PROTECTION AGAINST ACCIDENT TO EMPLOYEES AND THE PUBLIC AND GENERAL INDEMNITY The Contractor shall take out and procure a policy or policies of Workers' Compensation Insurance with an insurance company licensed to transact business in the State of Texas, which policy shall comply with the Workers' Compensation laws of the State of Texas. The Contractor shall at all times exercise reasonable precaution for the safety of employees and others on or near the work and shall comply with all applicable provisions of federal, state and municipal laws and building and construction codes. All machinery and equipment and other physical hazards shall be guarded in accordance with the "Manual of Accident Prevention in Construction" of Associated General Contractors of America, except where incompatible with federal, state or municipal laws or regulations. The Contractor, its sureties and insurance carriers shall defend, indemnify and hold harmless the Owner and all of its officers, agents and employees against any all losses, costs, damages, expenses, liabilities, claims and/or causes of action, whether known or unknown, fixed, actual, accrued or contingent, liquidated or unliquidated, including, but not limited to, attorneys' fees and expenses, in connection with, incident to, related to, or arising out of, the Contractor's or any subcontractor's, agent's or employee's, in any manner whatsoever, omission, execution and/or supervision of this contract, and the project which is the subject matter of this contract. The safety precautions taken shall be the sole responsibility of the Contractor, in its sole discretion as an Independent Contractor; inclusion of this paragraph in the Agreement, as well as any notice which may be given by the Owners or the Owner's Representative concerning omissions under this paragraph as the work progresses, are intended as reminders to the Contractor of its duty and shall not be construed as any assumption of duty to supervise safety precautions by either the Contractor or any of its subcontractors. 28. CONTRACTOR'S INSURANCE The Contractor shall not commence work under this contract until he has obtained all insurance as required in the General Conditions of the contract documents, from an underwriter authorized to do business in the State of Texas and satisfactory to the City. Proof of coverage shall be finnished 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 i-> ALTERNATIVE, SHALL BE ACCOMPANIED BY A STATEMENT FROM THE CONTRACTOR TO THE EFFECT THAT NO WORK ON THIS PARTICULAR PROJECT SHALL BE SUBCONTRACTED. IT SHALL BE THE CONTRACTOR'S RESPONSIBILITY TO PROVIDE TO THE OWNER ALL PROOF OF COVERAGE INSURANCE DOCUMENTS INCLUDING WORKERS COMPENSATION COVERAGE FOR EACH SUBCONTRACTOR. A. C. 0 Commercial General Liability Insurance (Primary Additional Insured and Waiver of Subrogation required) The contractor shall have Comprehensive General Liability Insurance with limits of $1,000,000 Combined Single Limit in the aggregate and per occurrence to include: General Aggregate Contractual Liability XCU (Explosion, Collapse, Underground) Products & Completed Operations Hazard Personal Injury & Advertising Injury Owner's and Contractor's Protective Liability Insurance — NOT REQUIRED Comprehensive Automobile Liability Insurance (Waiver of Subrogation Required) The Contractor shall have Comprehensive Automobile Liability Insurance with limits of not less than; Bodily Injury/Property Damage, $300,000 Combined Single Limit, to include: any auto, all owned and non -owned cars including: Employers Non -ownership Liability Hired and Non -owned Vehicles. Builder's Risk Insurance/Installation Floater Insurance — NOT REQUIRED E. Umbrella Liability Insurance — NOT REQUIRED F. Worker's Compensation and Employers Liability Insurance (Waiver of Subrogation required) Worker's Compensation Insurance covering all employees whether employed by the Contractor or any Subcontractor on the job with Employers Liability of at least $500,000. - 1. Definitions: Certificate of coverage ("certificate") - A copy of a certificate of insurance, a certificate of authority to self -insure issued by the commission, or a coverage agreement (TWCC-81, TWCC- 82, TWCC-83, or TWCC-84), showing statutory workers' compensation insurance coverage for the person's or entity's employees providing services on a project, for the duration of the project. Duration of the project - includes the time from the beginning of the work on the project until the Contractor's/ erson's work on the project has been completed and accepted b the governmental P P J P P Y 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 i 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. 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. 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 by the Texas Workers' Compensation Commission, informing all persons providing services on the project that they are required to be covered, and stating how a person may verify coverage and report lack of coverage. 9. The Contractor shall contractually require each person with whom it contracts to provide services on the project, to: (a) provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements, which meets the statutory requirements of Texas Labor Code, Section 401.011(44) for all of its employees providing services on the project, for the duration of the project; (b) provide to the Contractor, prior to that person beginning work on the project, a certificate of coverage showing that coverage is being provided for all employees of the person providing services on the project, for the duration of the project; (c) provide the Contractor, prior to the end of the coverage period, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (d) obtain from each other person with whom it contracts, and provide to the Contractor: (1) a certificate of coverage, prior to the other person beginning work on the project; and (2) a new certificate of coverage showing extension of coverage, prior to the end of the coverage period, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (e) retain all required certificates of coverage on file for the duration of the project and for one year thereafter;- (f) notify the governmental entity in writing by certified mail or personal delivery, within 10 ` days after the person knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project; and (g) contractually require each person with whom it contracts to perform as required by paragraphs (a) - (g), with the certificates of coverage to be provided to the person for whom they are providing services. 10. By signing this contract or providing or causing to be provided a certificate of coverage, the Contractor is representing to the governmental entity that all employees of the Contractor who 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. G. Proof of Coverage Before work on this contract is commenced, each Contractor and subcontractor shall submit to the Owner for approval five Certificates of Insurance covering each insurance policy carried and offered as evidence hs 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 [J 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. f l (7) The certificate or certificates shall be on the form (or identical copies thereof) contained in the job l 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; 10 1 (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' COMPENSATIONCOVERAGE "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 800-372-7713 or 512-804- 4000 (www.tdi.stateAx.us) to receive information of the legal requirements for coverage, to verify whether your employer has provided the required coverage, or to ;r report an employer's failure to provide coverage; " and (h) contractually require each person with whom it contracts to provide services on a project, to: (i) provide coverage based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements for all of its employees providing services on the project, for the duration of the project; (ii) provide a certificate of coverage to the Contractor prior to that person beginning work on the project; (iii) include in all contracts to provide services on the project the following language: 11 29 30 , "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, t civil penalties, or other civil actions."; (iv) provide the Contractor, prior to the end of the coverage period, a new certificate i 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 ;e . (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. DISABLED EMPLOYEES Contractors having more than fifteen (1 S) 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. PROTECTION AGAINST CLAIMS OF SUBCONTRACTORS LABORERS MATERIALMEN AND f FURNISHERS OF MACHINERY, EQUIPMENT AND SUPPLIES Without limiting, in any way, manner or form, the indemnity provided by Contractor in paragraph 27 hereof, the Contractor agrees that it will indemnify and save the Owner and all of its officers, agents and employees, harmless against any and all claims, liabilities, losses, damages, expenses and causes of action arising out of, in any way, manner or form, the demands of subcontractors, laborers, workmen, mechanics, material men and furnishers of machinery and parts thereof, equipment, power tools, and supplies, incurred in the performance of it this contract and the project which is the subject matter of this contract. When Owner so desires, the Contractor 1, 12 shall furnish satisfactoryevidence that all obligations of the nature hereinabove designated have b n gbeen paid, discharged or waived. 31. PROTECTION AGAINST ROYALTIES OR PATENT INVENTION The Contractor shall pay all royalties and license fees, and shall provide for the use of any design, device, material or process covered by letters patent or copyright by suitable legal agreement with the Patentee or owner thereof Without limiting, in any way, manner or form, the indemnity provided by Contractor in paragraph 27 hereof, the Contractor shall defend all suits or claims for infringement of any patent or copyrights and shall indemnify and save the Owner, and all of its officers, agents and employees harmless from any loss on account thereof, except that Owner shall defend all such suits and claims and shall be responsible for all such loss when a particular s 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. k 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, then the Contractor does hereby agree as part of the consideration for the awarding of this contract, the Owner 13 t old permanently fromContractor'st may wi hh penman t y total compensation, the sum of $500.00 (FIVE HUNDRED DOLLARS AND 00/100) PER DAY, not as a penalty, but as liquidated damages for the breach of the contract as herein set forth for each and every working day that the Contractor shall be in default after the date stipulated for ^ f 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 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 14 F which event, such expense as in the sole judgment of the Owner's Representative that is caused b such stoppage P J � Y 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 d 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 for partial payment or, if the Contractor does not submit such application, the Owner's Representative shall 15 43. 44. 45. determine the amount to be partially paid. Owner's Representative shall review said application for partial " payment if submitted, and the progress of the work made by the Contractor and if found to be in order, shall prepare a certificate for partial payment showing as completely as practical the total value of the work done by the Contractor up to and including the last day of the preceding month. The determination of the partial payment by the Owner's Representative shall be in accordance with Paragraph 14 hereof. The Owner shall then pay the Contractor on or before the fifteenth day of the current month the total amount of the Owner's Representative's Certificate of Partial Payment, less 5% of the amount thereof, which 5% shall be retained until final payment, and further, less all previous payments and all further sums that may be retained by Owner under the terms of the contract documents. Any partial payment made hereunder shall not constitute a waiver by the Owner of any and all other rights to enforce the express terms of the contract documents, and all remedies provided therein, as to any and all work performed, to be performed and/or materials delivered hereunder, including, but limited to, work to which said partial payment is attributable. SUBSTANTIAL COMPLETION Contractor shall give Owner's Representative written notice of substantial completion. Within thirty-one (31) working days after the Contractor has given the Owner's Representative written notice that the work has been substantially completed, the Owner's Representative and/or the Owner shall inspect the work and within said time, if the work be found to be substantially completed in accordance with the contract documents, the Owner's Representative shall issue to the Owner and Contractor a certificate of substantial completion. Notwithstanding the issuance of a certificate of substantial completion, Contractor shall proceed with diligence to finally complete the work within the time provided in this contract. FINAL COMPLETION AND PAYMENT The Contractor shall give written notice to Owner's Representative of final completion. Upon written notice of final completion, the Owner's Representative shall proceed to make final measurement to determine whether final completion has occurred. If the Owner's Representative determines final completion has occurred, Owner's Representative shall so certify to the Owner. Upon certification by Owner's Representative of final completion, Owner shall pay to the Contractor on or before the 31 st working day after the date of certification of final completion, the balance due Contractor under the terms of this agreement. Neither the certification of final completion nor the final payment, nor any provisions in the contract documents shall relieve the Contractor of the obligation for fulfillment of any warranty which may be required in the contract documents and/or any warranty or warranties implied by law or otherwise. 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. 16 46. PAYMENT WITHHELD The Owner or Owner's Representative may, on account of subsequently discovered evidence, withhold or nullify the whole or part of any certification to such extent as may be necessary to protect itself from loss on account of: (a) Defective work not remedied and/or work not performed. (b) Claims filed or reasonable evidence indicating possible filing of claims. (c) Damage to another contractor. When the above grounds are removed, or the Contractor provides a surety bond satisfactory to the Owner, in the amount withheld, payment shall be made for amounts withheld because of them. 47. CLAIM OR DISPUTE It is further agreed by both parties hereto that all questions of dispute or adjustment presented by the Contractor shall be in writing and filed with the Owner's Representative within fifteen (15) calendar days after the Owner's Representative has given any direction, order or instruction to which the Contractor desires to take exception. Timely written notice of dispute as provided in this contract of any decision by Owner's Representative or Owner shall be a condition precedent to the bringing and/or assertion of any action or claim by Contractor of any right under this Contract. If the matters set forth in the notice of dispute are not granted or otherwise responded to by Owner's Representative within fifteen (15) calendar days of receipt of notice of dispute by Owner's Representative, said objections shall be deemed denied. Any decision by the Owner's Representative, or deemed denial by the Owner's Representative, shall be final and conclusive in the absence of fraud. It is further agreed that the acceptance by the Contractor of the final payment shall be a bar to any and all claims of the Contractor, 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 17 become due to the Contractor under and by virtue of this Agreement. In case such expense is less than the sum which would have been payable under this contract, if the same had been completed by the Contractor, then said Contractor shall receive the difference. In case such expense is greater than the sum which would have been payable under this contract, if the same had been completed by said Contractor, then the Contractor and/or its Surety shall pay the amount of such excess to the Owner; or y (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. 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. 18 I_ z 50. BONDS The Contractor is required to furnish a performance bond in accordance with Chapter 2253, Government Code, in the amount of 100% of the total contract price in the event that said contract price exceeds $100,000 and the Contractor is required to furnish a payment bond in accordance with Chapter 2253, Government Code, in the amount of 100% of the total contract price in the event that said contract price exceeds $25,000. All bonds shall be submitted on forms supplied by the Owner, and executed by an approved Surety Company authorized to do business in the State of Texas. It is further agreed that this contract shall not be in effect until such bonds are so furnished. 51. SPECIAL CONDITIONS ' In the event special conditions are contained herein as part of the contract documents and said special conditions conflict with any of the general conditions contained in this contract, then in such event the special conditions shall control. ' 52. LOSS OR EXPENSE DUE TO UNUSUAL OR UNANTICIPATED CIRCUMSTANCES 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. T 55. HAZARDOUS SUBSTANCES AND ASBESTOS Hazardous Substances (herein so called), as defined in the Comprehensive Environmental Response, Compensation, and Liability Act (42 U.S.C.S. §9601(14)) and the regulations promulgated thereunder, as same may be amended from time to time, hydrocarbons or other petroleum products or byproducts and/or asbestos, in any form, shall not (i) be utilized, in any way, manner or form, in the construction of, or incorporation into, the Project; or (ii) be brought upon, placed, or located, by any party, on the Project site, or any other property of the ' City, without the written consent of the Owner's Representative. If Contractor believes that the utilization of a Hazardous Substance, hydrocarbons or other petroleum products or byproducts and/or asbestos is necessary in the construction of the Project, or that it is necessary to place and/or otherwise locate upon the site of the Project or other property of the City, a Hazardous Substance, hydrocarbons or other petroleum products or byproducts and/or asbestos, Contractor shall notify the Owner's Representative, and request consent therefrom, at least twenty (20) days prior to such action. Owner's Representative may grant or deny the request of Contractor and i- provide whatever requirements such consent, if granted, is conditioned upon, in its sole and absolute discretion. If 19 56. 57 the request of Contractor is not granted, or otherwise not responded to, by Owner's Representative within five (5) days of the receipt of said request, said request shall be deemed to be denied. In the event Owner's Representative shall consent to the request of Contractor, Contractor shall be responsible for ' q P 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. 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. THE CITY RIGHT TO AUDIT At any time during the term of this Contract and for a period of four (4) years thereafter the City or a duly authorized audit representative of the City, or the State of Texas, at its expense and at reasonable times, reserves the right to audit Contractor's records and books relevant to all services provided under this Contract. In the event such an audit by the City reveals any errors/overpayments by the City, Contractor shall refund the City the full amount of such overpayments within thirty (30) days of such audit findings, or the City, at its option, reserves the right to deduct such amounts owing the City from any payments due Contractor. 20 9 DAVIS BACON WAGE DETERMINATIONS Pam IntentionaRy Left Blank EXHIBIT A GENERAL DECISION: TX20080028 02/08/2008 TX28 Date: February 8, 2008 General Decision Number: TX20080028 02/08/2008 Superseded General Decision Number: TX20070028 State: Texas Construction Types: Heavy and Highway Counties: Ector, Lubbock, Midland, Potter, Randall, Taylor 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.) If the answer to the question in 1.) is yes, then an interested party (those affected by the action) can request review and reconsideration from the Wage and Hour Administrator (See 29 CFR Part 1.8 and 29 CFR Part 7). Write to: Wage and Hour Administrator U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 The request should be accompanied by a full statement of the interested party's position and by any information (wage payment data, project description, area practice material, etc.) that the requestor considers relevant to the issue. 3.) If the decision of the Administrator is not favorable, an interested party may appeal directly to the Administrative Review Board (formerly the Wage Appeals Board). Write to: Administrative Review Board U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 4.) All decisions by the Administrative Review Board are final. END OF GENERAL DECISION EXHIBIT B Prevailing Wage Rates Overtime Rate The rate for overtime (in excess of forty hours per week) shall be as required by the Fair Labor Standards Act. EXHIBIT C Prevailing Wage Rates Legal Holiday Rate The rate for legal holidays shall be as required by the Fair Labor Standards Act. Page Intentionally Left Blank No Text Paze Intentionally Left Blank Technical Specifications and Bid Item Descriptions CONSTRUCTION PAY ITEMS: Construction pay items shall be measured and paid for in accordance with the following applicable measurement and payment. TxDOT Standard Specifications for Construction of Highways, Streets and Bridges, June 1, 2004 will be utilized as a basis for both general and technical procedures to include types of materials and construction procedures used in this construction project in the City of Lubbock. The following specifications are intended to (1) highlight requirements in the City of Lubbock or TxDOT specifications, (2) make specific _ requirements for materials or procedures where the City of Lubbock or TxDOT specifications gives options, and (3) specify provisions for deviation from the City of Lubbock or TxDOT specifications. Conflicts sometime arise when City of Lubbock special contract requirements conflict with either the plans for the project, the City of Lubbock Standard Paving Specifications and Engineering Standards or TxDOT Standard Specifications. The following order of precedence shall generally be followed in case of conflicts; however, the City Engineer shall make the final determination: 1. City of Lubbock construction plans. 2. City of Lubbock Subdivision Design and Engineering Standards and Standard Paving Specifications. 3. TxDOT Standard Specifications for Construction of Highways, Streets and Bridges, June 1, 2004. Payment sections of the specifications shall apply to this project. Payment sections of the specifications include all material, labor, and equipment necessary to complete the project. Item 1: Mobilization: This pay item shall consist of mobilization and demobilization for the construction of the project. The project shall be constructed in phases as shown in the plans. This pay item shall be inclusive of any and all mobilizations and demobilizations associated with the project. Mobilization shall be defined as all necessary equipment, supplies, materials and personnel on the job site ready to begin construction. The cost of all bonds and insurance for the project will also be considered part of this specification. Mobilization will be measured as a lump sum item. Note: The total amount bid for Mobilization & Demobilization shall not exceed five percent (5%)_of the total contract amount, exclusive of this nay item (adjusted contract amount). Measurement and Payment shall be as follows: Ten percent (10%) of the amount bid shall be paid with the first pay estimate. On all subsequent pay estimates, measurement and payment shall be prorated on the basis of the value of the adjusted contract amount completed, plus the initial 10%. Prorated payment shall be as follows: When 1% of the adjusted contract amount has been earned, 50% of lump sum bid for mobilization, less retainage, will be paid. When 5% of the adjusted contract amount has been earned, 75% of the lump sum bid for mobilization, less retainage, will be paid. When 10% of the adjusted contract amount has been earned, 90% of the lump sum bid for mobilization, less retainage, will be paid. Payment for the remaining 10% of the lump sum bid for mobilization, less retainage, will be paid on the next monthly estimate following the 90% payment. Payment shall be total compensation for furnishing all labor, materials, tools, and equipment necessary to complete the work. Item 2: Prepare and Implement Traffic Control Plan (Includes Barricades, Signs and Traffic Handling): The work performed under this item shall be completed in accordance with TxDOT Item 502, `Barricades, Signs and Traffic Handling". Modification to ADOT Item 502: The construction phasing plan provided in the plans represents a typical situation it is not all inclusive and does not relieve the contractor from providing a detailed traffic control plan and additional traffic control devices as needed to control traffic. } The contractor shall submit a detailed traffic control to the City Engineer for approval at least two (2) weeks prior to the beginning of construction, the plan shall be prepared by a licensed professional engineer in the State of ` Texas. The Contractor shall provide barricades and signs as per the Traffic Control Plan and as per guidelines in the "Texas Manual on Uniform Traffic Control Devices", latest Revision. Removal of existing and temporary pavement and pavement markings shall be subsidiary to this bid Item. All existing signs, Barricades etc. removed or disturbed during construction shall be placed back in equal or better shape as directed by the engineer. Measurement and payment for this Bid Item shall be made per month for preparation of a detailed traffic control and work phasing plan, implementing the plan, and furnishing all labor, materials, supplies, equipment and incidentals necessary to complete the work as specified. Item 3-6: Remove Existing Concrete, Asphalt, Sidewalk and Median, and Concrete Curb and Gutter These items consist of removing all existing concrete and asphalt pavement, concrete curb and gutter, and sidewalk designated for removal within the project limits. The unit price bid shall include sawing, hauling, labor and equipment, and legal disposal for removal of each item. All work performed shall be in compliance with the City of Lubbock Standard Paving Specifications, Section 12. Item 7: Erosion Control Plan and SWPPP Implementation: This item consists of furnishing all labor and materials necessary for the installation and maintenance of erosion controls and implementation of the Storm Water Pollution Prevention Plan (SWPPP). The CONTRACTOR shall be considered the operator with day to day operational control of the construction site and SWPPP per Texas Pollutant Discharge Elimination System (TPDES) General Permit.No. TXR150000. All work shall conform to City standards, TxDOT Item 506, "Temporary Erosion, Sedimentation, and Environmental Controls", and TPDES General Permit No. TXR150000. The City shall provide an Erosion Control Plan (ECP) to the Contractor for use in preparing a SWPPP. The CONTRACTOR will be responsible for preparing a SWPPP for all construction site areas in accordance with TPDES General Permit No. TXR150000 requirements. A statement within the SWPPP will identify the CONTRACTOR as the day-to-day operator responsible for the installation, inspection and maintenance of all erosion and sediment control best management practices (BMPs), devices and controls. An additional statement within the SWPPP will identify the CITY as the operator with control over construction plans and specifications. The CONTRACTOR shall submit a completed notice of intent (NOl) to the State at least 48 hours prior to any construction activity beginning. A construction site notice (CSN), signed in accordance with 30 TAC § 305.44, shall be posted at the site and a copy submitted to the City at least 48 hours prior to any construction activity beginning. The CONTRACTOR will be the operator of the ECP and SWPPP and can revise, update, amend or modify as necessary to remain in compliance with the TPDES permit. This item includes the installation, inspection and maintenance of BMP's, devices and controls as may be required to remain in compliance with the TPDES General Permit No. TXR150000. Measure and Payment for this item shall be made per the lump sum price bid for erosion control and SWPPP implementation for the limits of construction shown in the plans and shall be full payment for all materials, labor, equipment and other incidentals necessary to install and maintain the erosion controls complete and in place and fully comply with the SWPPP and the TPDES General Permit No. TXR150000. The costs of maintenance or any additional erosion controls above and beyond those described in the SWPPP and ECP necessary to maintain compliance with the TPDES permit are subsidiary to this pay item. The CONTRACTOR shall be responsible for conducting inspections of BMPs, devices and controls as prescribed in the SWPPP and in accordance with TPDES General Permit No. TXR150000. The CONTRACTOR must revise or update the SWPPP whenever: 1) there is a change in design, construction, operation, or maintenance that has a significant effect on the discharge or pollutants and that has not been previously addressed in the SWPPP; or 2) results of inspections or investigations by site operators, CITY, TCEQ personnel, or a federal, state or qualified local agency indicate the SWPPP or ECP is proving ineffective in sediment control. The CONTRACTOR shall take all precautions required to prevent soil erosion during the construction. If excessive erosion occurs, the CONTRACTOR shall take immediate measures to prevent further erosion and correct the damages. The CONTRACTOR shall comply with the requirements of the SWPPP and the final TPDES Construction General Permits Regulations. The CONTRACTOR shall be responsible for the removal of all temporary BMPs, devices and controls used during the construction process to prevent erosion or sedimentation. All temporary BMPs, devices and controls shall be removed, and any disturbed areas stabilized, prior to a notice of termination (NOT) being submitted to the State for the construction project. A copy of the CONTRACTOR'S NOT shall be submitted to the CITY 48 hours prior to submittal of the NOT to the State. Item 8: Unclassified Excavation (Roadway): This pay item shall consist of the roadway excavation of existing material in the areas shown on the plans and to the lines, grades and typical sections as specified. Excavation shall include all materials encountered regardless of their nature or of the manner in which they are removed. Work shall be in accordance with TxDOT Item 110. This Item will be measured by the cubic yard in its original position as computed by the method of average end areas. This is a "plans quantity' measurement Item and the quantity to be paid for will only be that quantity shown in the proposal. Shrinkage or swelling factors will not be considered in determining the calculated quantities. Payment shall be made on the basis of the price bid per cubic yard (CY) and shall be total compensation for furnishing all materials, tools, equipment, labor, and any other incidentals necessary to complete the work. Item 9: 6" Lime Stabilized Subgrade: This pay item shall consist of preparing the top 6" and the full width of subgrade by pulverization, mixing and compacting. Full width shall be that distance from P behind the back of curb on each side of roadway. Subgrade shall be constructed to the lines and grades as required by the plans and specifications. Work shall be in compliance with TxDOT Specifications Item 260. Measurement and Payment shall be made on the basis of price bid per square (SY) and shall be total compensation for furnishing all materials, tools, equipment, labor, and any other incidentals necessary to complete the work. Item 10: Hydrated Lime for Stabilization (Type B Slurry) (45 lbs / SY) The pay item shall consist of furnishing lime for application to the subgrade that meets the requirements of DMS- 6350 "Lime and Lime Slurry." Work and materials shall be in compliance with TxDOT Specifications Item 260. Measurement and Payment shall be made on the basis of price bid per ton (TON) and shall be total compensation for furnishing all materials, tools, equipment, labor, and any other incidentals necessary to complete the work. f° Item 11: 9" Concrete Pavement Class C 3,600 PSI): ^ This pay item shall consist of the construction of concrete pavement as shown on the plans. The concrete pavement shall be 9" thick reinforced concrete pavement in accordance with the details provided in the plans. All concrete for construction shall be Class "C" concrete having a minimum of 6 sacks of cement per cubic yard and a minimum compressive strength of 3,600 psi at 28 days. The cost for furnishing and placing reinforcement is subsidiary to the price bid. All concrete, except for City approved "leave -outs, shall be placed with a self- propelled paving machine capable of spreading, densifying, and shaping the concrete mix to the required lined and grades as shown on the approved plans. Work shall be in compliance with the City of Lubbock Standard Paving Specifications, Section 2. Measurement and Payment shall be made on the basis of price bid per square yard (SY) and shall be total compensation for furnishing all materials, tools, equipment, labor, and any other incidentals necessary to complete the work. Item 12: Monolithic Concrete Curb (Class C) (3,600 PSI): This pay item shall consist of the furnishing and placing of 6" reinforced monolithic concrete curb at the locations and grades shown on the plans. All concrete for construction shall be Class "C" concrete having a minimum of 6 sacks of cement per cubic yard and a minimum compressive strength of 3,600 psi at 28 days. The cost for furnishing and placing reinforcement is subsidiary to the price bid. All concrete, except for City approved "leave - outs", shall be placed with a self-propelled paving machine capable of spreading, densifying, and shaping the concrete mix to the required lines and grades as shown on the approved plans. Work shall be in compliance with the City of Lubbock Standard Paving Specifications, Section 2. Measurement and Payment shall be made on the basis of price bid per linear foot (LF) and shall be total compensation for furnishing all materials, tools, equipment, labor, and any other incidentals necessary to d complete the work. Item 13: Concrete Pavement (Driveways) (Class C) (3,600 PSI): This pay item shall consist of the construction of concrete driveways as shown on the plans. The driveway shall be 6" thick reinforced concrete pavement in accordance with the details provided in the plans. All concrete for construction shall be Class "C" concrete having a minimum of 6 sacks of cement per cubic yard and a minimum compressive strength of 3,600 psi at 28 days. The cost for furnishing and placing reinforcement is subsidiary to the price bid. All driveway construction shall be in compliance with the Texas Accessibility Act Article 9102 of the Texas Civil Statute as administered by the Texas Department of Licensing and Regulations. Any driveway found to be in non-compliance shall be removed and brought to compliance at the Contractor's expense. Work shall be in compliance with the City of Lubbock Standard Paving Specifications, Section 2. Measurement and Payment shall be made on the basis of price bid per square yard (SY) and shall be total compensation for furnishing all materials, tools, equipment, labor, and any other incidentals necessary to complete the work. 11 Item 14: 4" Concrete Sidewalk (Class A) (3,000 PSI): This pay item shall consist of the construction of a concrete sidewalk in the locations as shown in the plans. All concrete for construction shall be Class "A" having a minimum of 5 sacks of cement per cubic yard and a minimum compressive strength of 3,000 psi at 28 days. The cost for furnishing and placing reinforcement is subsidiary to the price bid. All sidewalk construction shall be in compliance with the Texas Accessibility Act Article 9102 of the Texas Civil Statute as administered by the Texas Department of Licensing and Regulations. Any sidewalk found to be in non-compliance shall be removed and brought to compliance at the Contractor's expense. Work shall be in compliance with the details provided in the plans and with the City of Lubbock Standard Paving Specifications, Section 2. Measurement and Payment shall be made on the basis of price bid per square feet (SF) and shall be total compensation for furnishing all materials, tools, equipment, labor, and any other incidentals necessary to complete the work. Item 15: 4" Stamped Concrete (Sidewalk Strip and Medians) (Class A) (3,000 PSI): This pay item shall consist of the construction of a decorative stamped and stained 4" concrete sidewalk strip on both the inside and outside borders of the sidewalk and all 4" median pavement in the locations as shown in the plans. All concrete for construction shall be Class "A" having a minimum of 5 sacks of cement per cubic yard and a minimum compressive strength of 3,000 psi at 28 days. The cost for furnishing and placing reinforcement is subsidiary to the price bid. All sidewalk construction shall be in compliance with the Texas Accessibility Act Article 9102 of the Texas Civil Statute as administered by the Texas Department of Licensing and Regulations. Any sidewalk found to be in non-compliance shall be removed and brought to compliance at the Contractor's expense. Work shall be in compliance with the details provided in the plans and with the City of Lubbock Standard Paving Specifications, Section 2. The pattern to be used for the stamped strip and median paving shall be Matcrete "Random Stone" Pattern and Chromix Admixtures for Color -Conditioned Concrete "Desert Sand (C- 11)" Color, or approved equal by the City Engineer. Measurement and Payment shall be made on the basis of price bid per square feet (SF) and shall be total compensation for furnishing all materials, tools, equipment, labor, and any other incidentals necessary to complete the work. Item 16: Transitional Type C HMAC Pavement (PG 64-22): This pay item shall consist of the construction of HMAC pavement in the locations shown in the plans. The pavement shall be 2" thick HMAC coarse -graded surface course, Type "C." Work shall be in compliance with the City of Lubbock Standard Paving Specifications, Section 6. Measurement and Payment shall be made on the basis of price bid per square yard (SY) and shall be total compensation for furnishing all materials, tools, equipment, labor, and any other incidentals necessary to complete the work. Item 17: Sidewalk Barrier Free Ramp (Type 2): The work under this item shall be as specified in the plans and as per TxDOT Item 531. All curb ramp construction shall be in compliance with the Texas Accessibility Act Article 9102 of the Texas Civil Statute as administered by the Texas Department of Licensing and Regulations. Any curb ramp found to be in non- compliance shall be removed and brought to compliance at the Contractor's expense. Modification from TxDOT Item 531: Payment for this item shall be at the contract unit price per square foot (SF) of curb ramp actually constructed in accordance with the details provided in the plan set(City of Lubbock Standard Paving Specifications, Section 12.4). The unit bid price for each ramp shall include all curb ramp types. All labor, equipment, materials, additives, steel reinforcement, tools, and incidentals required for construction of the curb ramps. Items 18 - 23: Pavement Markings These pay items shall consist of the installation of various words, symbols or shapes, or any other unit in the color, width and thickness as shown on the plans. Type I markings are thermoplastic type materials that require heating to elevated temperatures for application. Type H markings are paint -type materials that are applied at ambient or slightly elevated temperatures. New Portland -cement -concrete surfaces shall be cleaned to remove curing membrane, dirt, grease, loose and/or flaking existing construction markings and other forms of contamination. Pavement to which material is to be applied shall be completely dry. New Portland -cement- concrete surfaces shall be further prepared for Type I markings, after cleaning, by placing a Type II marking as a sealer. Work shall be in compliance with the TxDOT Specifications Item 666. Payment for striping shall be made on a price per linear foot or each basis and shall include all types and shall be total compensation for furnishing all materials, tools, equipment, labor, and any other incidentals necessary to complete the work. �ml Item 24: Remove and Relocate Existing Traffic Signs (Small): This pay item shall consist of the furnishing, fabrication, galvanizing and erection of supports; for constructing J concrete foundations; for furnishing complete signs including sign connections and all hardware; for attaching the signs to the supports; and for washing and cleaning the signs. Signs shall be Aluminum Type "A" signs and shall be in compliance with the TxDOT Specifications Item 636. The sign assembly shall be in compliance with the TxDOT Specifications Item 644. Measurement and Payment shall be made on the basis of price bid per each (EA) and shall be total compensation for furnishing all materials, tools, equipment, labor, and any other incidentals necessary to complete the work. Item 25: 4" PVC Electrical Conduit (Schedule 80) (Open Cut): This pay item shall consist of installation of 4" PVC Conduit as shown on the plans. Work shall be in compliance with the TxDOT Specifications Item 618. Measurement and Payment shall be made on the basis of price bid per linear foot (LF) and shall be total compensation for furnishing all materials, tools, equipment, labor, and any other incidentals necessary to complete the work. Item 26: Type A Ground Box This pay item shall consist of installation of new Type A Ground Boxes as shown in the locations on the plans. Work shall be in compliance with the TxDOT Specifications Item 624. Measurement and Payment shall be made on the basis of price bid per each (EA) and shall be total compensation ' for furnishing all materials, tools, equipment, labor, and any other incidentals necessary to complete the work. Item 27: Type D Ground Box - This pay item shall consist of installation of new Type D Ground Boxes as shown in the locations on the plans. Work shall be in compliance with the TxDOT Specifications Item 624. Measurement and Payment shall be made on the basis of price bid per each (EA) and shall be total compensation for furnishing all materials, tools, equipment, labor, and any other incidentals necessary to complete the work. 11 Item 28: Remove and Relocate Existing Street Light Foundation: Existing Street Lights shall be remove and replaced or relocated where required on the plans to avoid driveway adjustments and new pavement with the proposed improvements. Payment to remove and replace or relocate shall be per each location regardless of size and shall include all labor and materials necessary to complete the work. All work, materials and testing shall be in accordance with City requirements. Coordination will be required at all times with Lubbock Power and Light. Item 29: Remove and Install New Waterline Service and Meter: Existing water meters, boxes and service line shall be adjusted where required on the plans to avoid conflicts with the proposed improvements. Payment for adjust water meters shall be per each location regardless of size or length of adjustment required and shall include all labor and materials necessary to complete the work. All work, materials and testing shall be in accordance with City requirements. Item 30: Adjust Existing Manhole to Grade: Existing manholes (all types) shall be adjusted where required on the plans to avoid conflicts with the proposed improvements and to match proposed grades. Measurement and Payment shall be made on the basis of price bid per each (EA) manhole rim adjusted to grade and shall be total compensation for furnishing all materials, tools, equipment, labor, and any other incidentals necessary to complete the work. Item 31: Adjust Existing Water Valve to Grade: Existing water valves shall be adjusted where required on the plans to avoid conflicts with the proposed 1 improvements. Payment for adjustment of water valves shall be per each location regardless of size or length of adjustment required and shall include all labor and materials necessary to complete the work. All work, materials and testing shall be in accordance with City requirements. CONSTRUCTION NON -PAY ITEMS: No direct payment will be made for the following non -pay items or any other item of work required for the completion of this project but which is not specifically itemized in the bid proposal. These items will be considered subsidiary to the contract and the cost of same shall be included in the prices for the various construction pay items in the proposal. NON -PAY ITEM: PRESERVATION OR RESTORATION OF EXISTING IMPROVEMENTS: Any flower boxes, retaining walls, mailboxes, traffic and/or street signs, pavement, carports, vegetation, landscape edging, fences, or other structures which require removal in order to accomplish construction operations and/or which are removed for convenience by the Contractor shall be restored to original condition and location unless the relocation of an item is included as a separate pay item. This item of work shall be included in the unit price bid for related items in this Contract. NON -PAY ITEM: ALL LABORATORY TESTING: Paving subgrade testing, trench backfill testing and concrete strength testing shall be provided by the OWNER. The first test shall be at the OWNER'S expense. Retests due to original test failure shall be at the CONTRACTOR'S expense. Pavement coring to verify proper thickness as required shall be performed by and paid for by the CONTRACTOR. All other testing required shall be provided by the CONTRACTOR. Cleaning, sterilizing, hydrostatic testing, air testing, mandrel testing and television inspection of water and sanitary sewer lines required by the City of Mansfield shall be performed by and paid for by the CONTRACTOR. The cost for testing paid by the CONTRACTOR should be included in the unit price of the items being tested. NON -PAY ITEM: SAWCUTS: All full depth sawcutting required for the construction and/or removal of asphalt pavement, concrete pavement, sidewalks, driveways, curb & gutter, etc. shall be included in the price bid for the individual paving or utility item. NON -PAY ITEM: CONSTRUCTION STAKING: The CONTRACTOR shall be responsible for all construction staking and the "lines and grades" for the project. Control points as identified on the Plans are provided by the ENGINEER. The controls provided to the Contractor shall be responsible for the complete layout of the work and for establishing lines and elevations as needed during construction. Electronic files for survey control will be made available upon request. If there is discrepancy between the plans and the electronic files the plans shall take precedence over the electronic files. The contractor is responsible for notifying the engineer immediately of the discrepancy. All Property Corners (I.R. - iron rods) disturbed shall be reinstalled at the exact same location as determined by a surveyor registered with the State of Texas. The Contractor shall furnish at his own expense labor, including the services of competent personnel, equipment, including accurate surveying instruments, stakes, templates, platforms, tools, and materials as may be required for laying out any and all parts of the work. All work associated with construction layout shall be subsidiary to the various construction pay items in the Contract. NON -PAY ITEM: EXISTING UTILITIES: The location and dimensions shown on the plans relative to existing utilities are based on the best information available. It shall be the Contractor's responsibility to verify locations of adjacent and/or conflicting utilities sufficiently in advance of the construction process to provide adequate clearances. The Contractor shall take all necessary precautions to protect all services encountered. Should the Contractor damage service lines due to his negligence, the lines shall be repaired and adjusted by the Contractor at the Contractor's expense. CITY OF LUBBOCK PUBLIC WORKS ENGINEERING STANDARD PAVING SPECIFICATIONS 1 Page Intentionally Left Blank February 16, 2009 CITY OF LUBBOCK PUBLIC WORKS ENGINEERING STANDARD PAVING SPECIFICATIONS TABLE OF CONTENTS SECTION PAGE NUMBER 1.1 GENERAL 4 1.2 Specifications 4 1.3 Warranty and Acceptance 5 1.4 Testing and Inspection 5 1.5 Cleanup and Site Restoration 5 1.6 Notification of Property Owners 6 1.7 Protection of Utilities and Irrigation Systems 6 1.8 Water for Construction 6 2.1 CONCRETE 7 2.2 Classification 8 2.3 Mix Design 8 2.4 Strength Requirements 9 2.5 Cement 9 2.6 Aggregate 10 2.7 Flowable. Till 11 2.8 Water H. 2.9 Admixtures 11 2.10 Reinforcing Materials 11 2.11 Joints 12 2.12 Joint Sealing Materials 13 2.13 Curing Compounds 13 2.14 Forms for Concrete 13 2.1 5 Placing and Finishing Concrete 14 3.1 SUBGRADE li 4.1 FLEXI.BLE BASE (CALICHE) 16 4.2 Materials Tests 16 4.3 Flexible Base Construction 17 5.1 ASPHALT STABLIZED BASE (ASB) 17 5.2 ASB Mix design 18 5.3 Placing ASB 19 5.4 ASB Compaction 19 6.1 HOT MIX ASPHALT CONCRETE SURFACE (HMAC) 19 6.2 Thickness of HMAC Surface 20 6.3 Mix Design. 21 6.4 Coarse Aggregate 22 6.5 Fine Aggregate 23 6.6 Asphalt 23 6.7 Production and Placement of HMAC 23 6.8 Compaction 25 6.9 Prime and Tack Coats 26 6.10 Emulsified Asphalt Sealer 26 6.11 Release agents 26 6.12 Sampling of HMAC 27 7.1 STORM SEWER 27 7.2 Reinforced Concrete Pipe 27 7.3 Mortar 27 7.4 Preformed Bittuninous Gasket Joints 28 7.5 Manholes 28 7.6 Manhole Frames and Covers 29 7.7 Construction Methods 29 7.8 Excavation 30 7.9 Pipe Installation 31 7.10 Backfilling 32 7.11 Trench Protection 33 8.1 FENCES 34 9.1 SALVAGE OF ASPHALT PAVING 34 10.1 BARRICADES 34 1.1.1 PROSECUTION OF TI-IF, WORD. AND WORKING DAYS 35 11.2 Working Days Definition 35 1 l .3 Work Between November]. and January 2 36 12.1 MEASUREMENT AND PAYMENT 36 12.2 Curb and Gutter 37 12.3 Concrete Flat Slabs 37 12.4 Curb Ramps 37 12.5 Concrete Drainage Channel 37 12.6 Retaining Nall or Curb on Drain Channel or Curb Ramp 38 12.7 Concrete Median 38 12.8 Concrete Street Paving 38 12.9 Sawing and Sealing Joints 38 12.10 Storm Sewer Inlet Boxes and Manholes 39 12.11 Headwalls 39 12.12 Storm Sewer Pipe 39 12.13 Extra Vertical Feet of Manhole 39 12.14 Curb and Gutter Removal 39 12.15 Concrete Slab Removal 40 12.16 2 Sack Flowable Fill 40 12.17 Asphalt Paving 40 12.18 Asphalt Paving Repair 40 3 12.19 Excavation. and Grading 41 12.20 Ditch Grading and Unpaved Street Surface Grading 41 1 13.1 STANDARD DETAILS 41 Street Crown Elevations Typical Asphalt Street Cross -sections Typical 24 inch Curb and Gutter Typical 30 inch Curb and Gutter i Concrete Valley Gutter Alley Return and Alley Paving Tee Alley Typical Handicap Ramp 14.1 MICROSURFACING 42 3 Pane Intentionally Left Blank CITY OF LUBBOCK PUBLIC WORKS ENGINEERING STANDARD PAVING SPECIFICATIONS I.I. 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 specifications and associated plans. 1.2 SPECIFICATIONS Any references to these specifications, ASTM, AASHTO, TxDOT, or other designated tests, procedures, quality standards, or requirements which are included in these specifications or any associated plans shall be the latest edition and revision thereof. When information, indicated on plan sheets is different :Mom 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 A 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 verily that materials and construction comply with. plans and specifications. The City's testing and inspection are not intended to replace the contractors 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. L5 CLEANUP AND SITE RESTORATION After any construction covered by these specifications is completed, the Contractor shal l 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. 0 1.6 NOTIFICATION OF PROPERTY OWNERS The contractor shall be responsible for maintaining positive communication with adjacent property owners. The contractor shall notify all. affected property owners with respect to pending construction, restricted access, and driveway locations. 1.7 PROTECTION OF UTILITIES AND IRRIGATION SYSTEMS The plans show only approximate locations of utilities as obtained from various utility companies. It is not implied that all utilities or accurate locations are shown on the plans. It is the contractor's responsibility to familiarize himself with all utilities and locations. The contractor shall comply with all. laws, ordinances, and regulations with respect to utility notification and protection, including Underground Facility Damage Prevention Notification Centers. The contractor shall call DIG TESS 1-800-545-6005 and provide time for all utilities to be identified prior to construction. On all projects the contractor shall exercise care not to damage any sanitary sewer pipe, manholes, storm sewers, water lines, valves and boxes, communication cables, power cables, gas lines, nor any other pipe or utility. The contractor will be responsible during the construction period for damages to any utilities. Irrigation systems affected by construction shall be properly repaired with materials equal the existing system. The repairs shall be pressure tested to the satisfaction of the Engineer prior to being covered. 1.8 WATER FOR CONSTRUCTION The City will not furnish water at no charge l:or 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 600Municipal Drive. hire 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 bail check valves. When filling the truck or container there shall be an air gap of at least two times the opening diameter of the heck 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 producers 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 S%, plus or minus 1-1,12%, 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. 2.2 CLASSIFICATION ' The following City of Lubbock classes of concrete shall be used: Class A Curb and gutter, sidewalks, curb ramps, drainage channels, medians, inlet boxes, headwalls, junction boxes, driveways. and retaining walls. Class B Valley gutters and fillets, alley returns, and alley paving. Class C Concrete street pavement. Class D Utility encasements Class E Fast setting concrete pavement such as "Fast Track" Concrete Pavement or, other special design. 2.3 MIX .DESIGN Twenty to thirty days prior to beginning any concrete construction the contractor shall submit the following to the Engineer for approval: 1. Test certificates from an approved commercial testing laboratory on all proposed aggregate. Certificates shall indicate material source, gradation, and loss from 5 cycle Magnesium Sulfate or 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. 8 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 REQUIREMENTS The various classes of concrete shall conform to the following minimum strengths in psi as determined by the average of two test cylinders or beams. 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 Day 28 Day A - 2100 3000 - B 2500 3000 - - C - 2500 3600 600 (28 day) D - - 2500 - E 3000 psi at 24 hours 2.5 CEMENT Cement shall be Type I, Type 1.1, Type Ill, or Type V cements, conforming to ASTM C 150 "Standard Specification for Portland Cement". Air entrained cement shall be Type IA, Type IIA, Type IUA. or Type VA conforming to ASTM C 1.75 Specification for Adding Air Entraining to Portland Cement" and ASTM C 226 "Standard Specification for Air -Entraining Portland Cement". �7 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 tune with a maximum size of 1-1,2 inches, and shall conform to ASTM C 1.36. All aggregate shall be Free of injurious amounts of clay, soft or flaky materials, loam, or organic impurities. Coarse aggregate for Class C or E concrete shall be crushed limestone (Brownwood type or equivalent). Fine aggregate shall be graded from fine to coarse and shall conform to ASTM C 136. The gradation for aggregate shall meet the following requirements by weight: L FINE AGGREGATE COARSE AGGREGATE Sieve Percent Retained Sieve Percent Retained 3/8 inch 0 1-3/4 inch 0 No. 4 0-5 1-1/2 inch 0-5 No.1.6 20-55 3/4inch 30-65 No. 30 45-75 3/ 8 inch 70-90 No. 50 70-90 No. 4 95-100 No. 100 98-1.00 Maximum amounts of organic impurities shall conform to ASTM C 40 and ASTM C 87. Maximum amounts of impurities liner than the 4200 sieve shall conform to ASTM C 117. Maximum amounts of soft particles shall conform to ASTM C 123. Maximum amounts of friable particles shall confonn to ASTM C 142. Stockpiles shall be protected from dusty conditions by drift fences or other methods approved by the Engineer. Stockpiling methods used shall not allow aggregate to roll down the slope as it is added to existing stockpiles. Stockpiles shall be built in layers of uniform thickness. Equipment shall not be. permitted to operate ov°er the same lift repeatedly. to 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 towable dill from the bottom of the ditch to the paving surface. Use of concrete in place offlowable fill is not acceptable, and if used in place of Fowable 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 tree from inIurious 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 F Ash and Natural Pozzolans in conformance with 1 ASTM C 618 may not be used with Types f,11, III, and V Portland Cement wiless specifically approved by the En �i� neer. If approved by engineer Class C Ash may be used. When fly ash is permitted to be used, "cement' in relation to mix design shall be defined as "cement plus fly ash". Fly ash may constitute no more than 25% by absolute volume i � of the cement as approved by the Engineer and cylinder breaks meet specified requirements. 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 (40k.S1) unless indicated otherwise on plan sheets. l 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. STEED. - Wire mesh shall conform to ASTM A 185, and shall he 6"x 6"-10 gauge welded t wire -fabric; or size as indicated on plan sheets. Reinforcing bars shall be open-hearth basic oxygen or electric furnace new billet steel manufactured in accordance with ASTM A 615 and ASTM A 305. Steel reinforcing materials stored at any location shall be protected from accumulations of grease, mud or other foreign matter, and rust producing 1' i' j i 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 rCity 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 iber 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 %Aide 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 2.1.2. Valley gutters and fillets shall be constructed with tooled construction joints. The joints shall be sealed with an elastomeric system as indicated in section 2.1.2. .. 12 2.12 JOINT SEALING MATERIALS Bituminous premolded expansion joint material shall conform to A-STM 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. Coldpoured joint sealant shall conform to ASTM C 920. Elastomeric joint sealant shall. be mixed and applied in accordance with the manufacturer's recommendations. Prior to application, joints shall be cleaned by sandblasting and otherwise prepared so that the sealant adheres to the surfaces to form an effective seal against moisture and solid particles. The sealant shall be a soft, highly flexible. rubber like material after curing which shall not track, flow, crack, or break when exposed to hot and cold temperature extremes typical of local conditions. Backer rod used with elastomeric sealant shall be 25% greater in diameter than the joint width. It shall be made of polyethylene foam or other material as recommended by the sealant manufacturer. Compression of the backer rod material shall be approximately 25% shrinkage at 8 psi applied stress. The material shall not melt, shrink, evaporate, or absorb water.. and shall be compatible with the application of' the sealant to be used. i 2.13 CURING COMPOUNDS t. t_ 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 1- approved by the Engineer. 2..14 FORMS FOR CONCRETE e 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 f in such a manner that they will not move during the placing and. working of the concrete. j 1 The firms shall be cleaned and oiled prior to placing concrete. jJ i* _b r. s � � 13 k` 1 U-7 J 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 finishng shall be started after a partial set occurs. For all concrete construction approved forms, templates, and tools shall be used to form the cross-seetions 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. I£ while pouring concrete, the sustained wi.nds 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 fmish. 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 118 inch when tested with a 10 foot straightedge. Prior to acceptance, the contractor shall apply sufficient water to all concrete and paving to deteimine locations of ponding. Ponded areas shall be .. 14 removed and replaced. Any concrete construction damaged. by equipment, tools, vandals, or other influences shall be replaced at the contractor's expense. 3.1 SUBG.RADE Subgrade material for concrete or asphalt construction shall consist of suitable native soil or offsite 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 20 maximum Linear Shrinkage 2 min - 10 max 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 testingof subgrade wil l be completed prior to an placement of curb and gutter. , �' P P Y P b ; 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 of95% 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 361eet wide or less, 12 inches minimum for streets greater 1 than 36 feet wide, or as indicated on plan sheets. 1 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 %ill be performed by a commercial laboratory, reviewed and approved by a licensed professional engineer in the State of Texas. Random verification testing will be performed by the City of Lubtx)ck personnel. At any time the City Engineer may require proof rolling on streets or alleys with a. 25 ton pneumatic roller, to test the uniformity of compaction. Rollers will be completely loaded with water or «vet sand to ensure thev 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 laced within existing or proposed street right of wa • in execution of an P P P g Y approved cut and rill plan shall meet these specifications for materials and construction. 15 4.. i 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 MAT.ERIAL 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 maximurn and 3 minimum Linear Shrinkage 10 maximum ,'Vet 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. �` 16 4.3 FLEXIBLE BASE CONSTRUCTION Areas behind. curbs shall be back -filled and leveled with approved topsoil prior to placing base material. Approved flexible base material shall be hauled in vehicles of uniform capacity and dumped evenly along the project length for processing and compaction. Processing shall be accomplished in multiple lifts of 3 inches compacted thickness. Each course shall be wetted and rolled with a pneumatic roller as required to produce a uniform compaction of 95% minimum of Standard Proctor Density with a moisture content of I % above to 2% below optimum. Densities will be taken by a commercial laboratory as outlined in 3..1 of the specifications. Unit weight will be provided by the City of Lubbock, and randomly verified by City of Lubbock personnel. 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 tmtil 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 f 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 F removing material as required, reshaping, and recompacting, or other methods approved by the Engineer. _l Anv deviation in the surface of the finished base in excess of 3l$ inch from the z established grade or true cross-section, using a 10 foot long straight edge, shall be corrected as provided above.' i 5.1 ASPHALT STABILIZED BASE (ASH) l i Asphalt stabilized base shall consist of a compacted mixture of graded gravel aggregate s. (caliche is not an acceptable aggregate for ASB) and asphalt cement mixed hot in a 1 l 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 ;; z specifications. f Y In place compaction control is required for all AS6. Locations of Cores, when required, will be determined by City of Lubbock personnel and marked. The cores will be cored by z the contractor, cut and cleaned and then returned to the inspectors to then determine F , composition, compaction, thickness, and density. The contractor shall replace the 1. 17 Y j , .t i. � r ; 2 i L: i t 5 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 l..- expense as directed by the Engineer. 5.2 ASB MIX DESIGN ASB shall be designed in accordance to TXDOT 340 specifications Type B (tine base) using the "Texas gyratory compaction method (TX206-F).The contractor shall provide a current mix design using the approved materials indicating gradation and optimum asphalt content. The aggregate mixture shall conform to the following master gradation: Sieve Size 1" 7/8" 5/8" 3/8" #4 #10 #40 #80 #200 Percent Passing by Weight: 0 95-100 75-95 60-80 40-60 27-40 10-25 3-13 1-6 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 detenmined ir, 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 requinnents of TxDOT Item "Asphalt, Oils, and Emulsions" and must be a performance graded (PG) 64-22 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 c6th the aggregate to be used. The asphalt content of the production mixture during production shall not vary from the design. more than 0.2% dry weight based on total mixture. 18 fl .� i 5.3 PLACING ASB Asphalt Stabilized Base shall be placed and compacted in 3 inch lifts to form a 9 inch thick compacted base. unless otherwise directed by the Engineer. Prior to placing ASB, the subgrade shall be prepared as previously specified. The cross-section shall be constructed to form the specified crown on the HMAC surface at the centerline of the street, or as indicated on the plans. ASB shall not be placed when the air temperature, as reported by the National Weather Service 748-1071 selection 2, less than 50 degrees F ambient or 60 degrees surface temperature. ASB material shall be placedat a temperature in compliance with the product manufacturer's specifications. 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 of 90.1% to 97.3% in place air voids with a lab molded target of 96.5% plus or minus l %. 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. 1 Rolling patterns shall be set by using a thin lift nuclear gauge in order to ensure 0 maximum compaction. All roller marks shall be .removed and compaction completed prior to the AS13 mixture cooling below 185 degrees F. 6.1 HOT MIX ASPHALT CONCRETE SURFACE (HMAC) ,. Hot mix asphalt concrete surface shall consist of a minimum of one and one half inch" thick compacted mixture of coarse aggregate, fine aggregate, muieral filler and asphalt t cement mixed hot in a mixing plant in accordance with these specifications. Unless otherwise specified, the materials and construction shalt conform to TxDOT Item 340 t; Dense Graded Hot Mix Asphalt Method. t� x� 19 f:. Mix designs will be in accordance with TX204-F with a lab moldeddensity 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. Designs will need to be resubmitted 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 HMAC surface consistently in compliance with these specifications. Approval of the source and character of the materials shall be obtained from the Engineer prior to use. The combined mineral aggregate, after final processing by the mixing plant and prior to addition of asphalt and mineral filler, shall have a sand equivalent value of not less than 45 when tested in accordance with Test Method Tex 203-F. The percent of :flat 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 or liquid anti -stripping agent approved by the Engineer. Anti -stripping agents shall meet requirements of TXDOT Item "Asphalt Anti -stripping Agents", and shall be added at the manufacturer's recommended dosage and temperature range. Core locations will be marked at random locations by the City of Lubbock. personnel, then cored by the contractor; cleaned and. trimmed if necessary. Cores must be at least 1- %" prior to being trimmed. Cores will be returned to City of Lubbock personnel within 24 hours for determination of percent air voids. 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. After core testing is completed the contractor can then request the cores be returned to them for further testing. 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 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 20 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 . If approved by the engineer the contractor may furnish an alternate mix design based on specific proposed materials. Otherwise the aggregate mixture shall conform to the following master gradation: Type "C" (Coarse Graded Surface Course - Streets greater than 36 feet wide) Percent passing 7/8" 100 Percent passing 3/4" 95-100 Percent passing 3/8" 70-85 Percent passing No. 4 43-63 6 Percent passing No.8 32-44 Percent passing No. 30 14-28 Percent passing No. 50 7-21 Percent passing No. 200 2-7 VMA Design min. 12% I Type "D" ( Dine Graded Surface Course - Streets 36 .feet or less wide) Percent passing 1/2" 98-100 i Percent passing 3/8" 85-100 Percent passing No. 4 50-70 Percent passing No.8 3546 Percent passing No.30 15-29 Percent passing No. 50 7-20 t. Percent passing No. 200 2-7 VMA Design min. 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 I-IMAC laid at that location. Production will cease until which time the contractor has sufficiently proven they have taken corrective actions. Asphalt content will be plus or minus .3% before corrective action is required. Plus or minus .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. i. 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 FIMAC mixture shall consist of a uniform mixture of mineral aggregate and asphalt material. If approved by the Engineer, the contactor may provide an alternate mix design based on his proposed materials. The contractor's materials and mix design shall meet all the performance criteria addressed in these specifications. 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 85% crushed faces for both "Type "C" 1IMAC, and "Type "D" HMAC, when tested in accordance with 'Pest Method Tex -460-A Part 1 "Determination of Crushed Face Count". Decantation will be a maximum of 1.5%. Deleterious will be a maximum of 1.5° u. 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 2 percent. When subjected to the Los Angeles Abrasion Test, the coarse aggregate shall not have a toss greater than 40 percent by weight. Coarse aggregate may be enhanced by addition of recycled asphaltic pavement (RAP). The material shall be clean without any foreign materials so as to produce a crushed aggregate in conformance with these specifications. 22 6.5 FIN:E 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 ofthoroughly 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) 64-22 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 "Pest Method TEA 204-F. 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. i Difference i Difference Description _ from JMF from ci Individual percent retained for #10 sieve and larger _ SSA% f5.0% Individual percent retained from # 1.0-#200 ±3.0% ±3.0% t Percent passing #2U0 f2.0% I t1.6% As halt content percentage --- _ ._.__ 1 ' .3°4, Laboratory melded densirvI percenta e ! 1.00/o =1..0% f ° i 1< (� HMAC surface shall be constructed to a minimum compacted thickness of 1-112 inches and. a maximunn of2-UZ- inches for type D and 3-112 inches for type C. F; 5: I...�23 I 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 I 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 l 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 shal I 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 25mph, 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, 1l2 inch or more in thickness shall require the use of ASB or a coarse grade of 14MAC 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 1i4 inch above the curb or flush structure. 24 All joints shall present the satne texture, density, and smoothness as other sections of the course. The joints between old and new pavements or between successive day's work i 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 90.1%-97.3% (2.7-9.9% air voids) of the theoretical maximum gravity (Mice gravity). Using appropriate rollers approved by the Engineer. the pavement shall be compacted thoroughly and uniformly. Rolling with three wheel and tandem rollers shall start longitudinally at the sides and proceed toward the center of the pavement, overlapping on successive trips by at least half the width of the rear wheels. Alternate trips of the roller shall be slightly different in length. On super -elevated curves rolling shall begin at the low side and progress toward the high side. Rolling with pneumatic rollers shall be done as directed by the Engineer and shall be s( continued until required compaction is obtained and all roller marks are eliminated. I t.M1 I I The motion of the rollers shall be slow enough to avoid displacement of the mixture. Rollers shall not be permitted to stand on pavement which has not been fully compacted. Any displacement of the mixture shall be corrected immediately by the use of rakes and ! fresh mixture where required. I 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 _1 wheel roller shall be compacted with a trench type roller. l t a � 1 9 F k 25 _. F 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 f the centerline of the roadway, or other means acceptable to the Engineer, the maximum deviation shall be not exceed 1/8 inch in 10 feet. An acceptable 10 foot straight edge shall be provided by the contractor. Any point in the surface not meeting this requirement shall be corrected as directed by the Engineer. When placed on existing surfaces, the 1/8 inch maximum deviation requirement may be waived. by the Engineer. 6.9 PRIME AND TACK COATS Prior to placing HMAC on flexible base, the surface shall be primed using an application of 0.20 gallons of asphalt per square yard of surface. Before any asphaltic mixture is laid, the surfaces against which the pavement is to be placed shall be cleaned to the satisfaction of the Engineer. "I he 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, undiluted CSS-114, 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 151185 mixture of CSS-1 Fl, 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 will 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. 26 6.12 SAMPLING OF HMAC When sampling of mix for testing purposes, the City of Lubbock representative will determine when the sample is taken and will split the sample with the contractor (at their request). A "Referee" sample will be taken at the same time and held at the city laboratory until all test results are completed. if the contractor results diff-er from the city's results by more than the amount outlined in section 6.7 then the referee'%Nrill be utilized and it will be run at an independent laboratory at the expense of the contractor, at which time all tests are final. I:f the contractor does not run quality control samples then no referee will be utilized and the City of Lubbock test results will be final. 7.1 STORM SEWER Storm sewer shall include installation of pipe, manholes, inlet structures and outlet structures. Contractor shall use only materials, tools, methods, and equipment considered standardby the pipeline construction industry, and approved by the Engineer. Grade and horizontal alignment shall be maintained using a laser or batter boards. 7.2 RUNFORCED CONCRETE PIPE 1 Storm sewer shall be constructed using reinforced concrete pipe, either precast or cast in ; place. The pipe shall conform to the requirements ofAASHTO M-170 or ASTM C-76. ;IJ Pipe shall be Class III unless otherwise noted on plan sheets. i 7.3 MORTAR I Mortar shall be used for caulking and filling between pipe and drainage structures. Mortar shall be composed of f part, by volume, of Portland cement and 2 parts of mortar sand. The Portland cement shall conform to the requirements of ASTM C-150, Type 1. i The sand shall conform to the requirements of ASTM C-144. Hydrated lime may be added to the mixture of sand and cement in an amount equal to 15% of the weight of cement used. The hydrated lime shall meet the requirements of ASTM C-6. Mortar which has not been used after 45 minutes of having water added shall be t discarded. Mortar may not be retempered by having water added. p� l: f- { _ 7 F t I 27 t ?1 i 7.4 PREFORMED BITUMINUS GASKET JOINTS Preformed bituminous gaskets for concrete non -pressure pipe shall conform to the requirements of Fed. Spec. SS-S-00210 (GSA-FSS), and shall be Ram-Nek or approved equal. Gaskets shall be installed in accordance with manufacturer's recommendations and shall form a water -tight joint. 7.5 MANHOLES Manhole barrel, cone and extension sections shall be constructed of precast concrete. A plant inspection may be required for production :facility inspection and to review record - keeping for material certification. The manufacturer must provide certification that all materials used for manufacturing meet with the following ASTM Specifications. Aggregates ASTM C-33 Cement ASTM C-150 Sampling Specimens ASTM C-39 Reinforcing ASTM C-185 Sand and Mortar ASTM C-144 Precast concrete sections for manholes shall conform to ASTM C-478 specifications. Compressive strength test results must verify concrete strengths meet or exceed 4,000 psi. Aggregate shall be crushed limestone and shall conform to ASTM. C-33 specifications. Joints, excepting grade rings, shall be tongue and groove or an equivalent male and female type joint as approved by the Engineer. All joints shall be effectively jointed to prevent leakage and infiltration. All connections between wall sections shall. be joined with Conseal Joint Sealant or approved equal to provide a watertight manhole. This sealant will be provided by supplier and will be considered an essential part of each shipment. All cones and adjusting rings shall maintain a clear 24" opening. Adjusting rings shall be reinforced with the same percentage of steel as risers and tops and will also meet ASTM C-478 specifications. Adjusting rings, as well as all precast concrete manhole products, shall be smooth, uniform in size and dimensions, consistent in components throughout and free of voids or honeycombs. All manholes shall be designed to withstand H-20 As-kSHTU loading. They shall. also have lifting holes that do not protrude through manhole wall, one full inch of concrete thickness must remain between lift hole and outside wall of manhole. Manhole barrels shall be assembled of precast riser section. Riser sections iuld top cone sections shall be placed vertically with tongues and grooves properly keyed. 28 Invert channels shall be smooth and semi -circular in shape conforming to the inside of the adjacent pipe section. Changes in direction of flow shall be made with a smooth curve of as large a radius as the size of the manhole will permit. Changes in size and grade of the channels shall be made gradually and evenly. The invert channels may be formed directly in the concrete of the manhole base or may be half -pipe laid in concrete. The -floor of the manhole outside the channel shall be smooth and shall slope toward the channel not less than one inch per :foot, nor more than two inches per foot. All connections between the riser or base sections and the sewer pipe shall be joined in such a manner as to make the manholes watertight. Preformed rubber waterstop gaskets cast into the riser or base section are acceptable. Preformed flexible plastic sealing compounds equivalent to "Ram-nek" or "Kent Seal" may be used provided a watertight seal is achieved. Adjusting rings may be used for adjusting the top elevation, except that the total height of the adjusting rings shall not exceed l 2 inches at any manhole. Concrete shall be placed around and under the rings to provide a seal and seat the ring at the proper elevation. Each manhole shall have a minimum of 6 inches of grade adjustment. 7.6 MANHOLE FRAMES AND COVERS 1 Manhole frames and covers shall be of good quality gray iron casting and conform to ASTM A-48, having a clear opening of not less than 22 inches. The casting shall be designed with a full bearing ring so as to provide a continuous seat between frame and cover. The cover shall be furnished with lifting ring cast into the cover in such manner as to prevent water leaking through. Frame and cover shall have a weight of not less than 275 pounds. The manhole ring and cover shall be Western Iron Works 440 or approved equal. 7.7 CONSTRUCTION METHODS All equipment necessary and required for the proper construction of storm sewers, manholes and culverts shall be on the project, in first-class working condition, and approved by the Engineer before construction is pcnnitted to start, If precast concrete t pipe or manhole sections are used. the Contractor shall provide appropriate hoisting equipment to handle the pipe or sections while unloading and placing it in its final position without damage to the pipe. The Contractor shall provide hand tampers and pneumatic tampers to obtain the required 2i l; compaction of the pipe bed, the manhole bed and the back.fill, as specified. 29 �1 7.8 .EXCAVATION The Contractor shall do all excavation to the depth shown on the plans. Where rock, or soil containing rocks or gravel, hard pan or other unyielding foundation material is encountered in trench excavation, the pipe shall be bedded in accordance with the requirements of one of the classes of bedding, and the hard unyielding material shall be excavated below the elevation of the bottom of the pipe or pipe bell to a depth of at least 8 inches or l/2 inch for each foot of fill over the top of the pipe, whichever is greater, but not more than three -fourths the nominal diameter of the pipe. The cushion shall consist of a fine compressive material, such as silty clay or loam, lightly compacted, and shaped as required for the specified class of. bedding. The cost of furnishing and placing the cushion material shall be included in the bid price per linear i:bot of pipe in place. The bottom of the trench shall be excavated to a horizontal section as far as practicable. Excavated material not required or acceptable for backfill shall be disposed of by the Contractor as directed by the Engineer. Excavation shall not be carried below the required depth; but when it is, the trench shall be backfilled at the Contractor's expense with material approved. by the Engineer and compacted to the density of the surrounding earth material as determined by AASHTO T-180. When directed, unstable soil shall be removed for the full width of the trench and _ replaced with sand or with approved granular material. The Engineer shall determine the depth of removal of unstable soil and the amount of backfill necessary. The backfill shall be compacted and shaped to a firm but slightly yielding condition to form the bed for the . ' pipe. Grades for pipe shall be as shown on the drawings. No changes in grade will be made unless so directed by the Engineer. The minimum width of the trench at the top of the .pipe, when placed, shall be a width which will permit the proper construction of joints and compaction of backfill around the pipe. The sides of the trench shall be vertical, unless otherwise approved by the Engineer. The maximum allowable width of the trench shall not exceed the widths shown below unless otherwise approved by the Engineer. NOMINAL PIPE MINIMUM TRENCH MAXIMUM TRENCH SIZE WIDTH AT SPRINGLINE WIDTH AT TOP OF PIPE Less than 18" Pipe U.U. + 12" Pipe O.D. + 18" 18" thru 36" Pipe U.D. + 18" Pipe O.D. + 24" 37" thru 60" Pipe O.D. + 24" Pipe O.D. + 30" The width of the trench above the top of the pipe may be as wide as necessary for shoring, bracing or proper installation of the pipe. Excavation in paved areas shall be confined to a minimum practical width. The bed for pipe shall be so shaped that at least the lower quarter of the pipe circumference shall be in continuous contact with the bottom of the trench. 30 The excavation for manholes shall be essentially the same as that for the piping. The sides of the excavation shall be vertical unless otherwise approved by the Engineer. The Contractor shall do such trench bracing, sheathing or shoring necessary to perform and protect the excavation as required for safety and conformance to applicable laws and regulations. The bracing, sheathing, or shoring shall not be removed in one operation but shall be done in successive stages to prevent overloading of the pipe during backfilling operations. The cost of the bracing, sheathing, or shoring and the removal of same, shall be included in the unit price bid per foot for the pipe. Surface water shall be prevented from entering the excavation. Heavy equipment, except for excavating equipment, shall not be operated within 20 feet of the edge of the excavation. Excavated materials shall be stockpiled no closer than 3 feet from the edge of the excavation. 7.9 P11'E INSTALLATION The Contractor shall provide the appropriate tools and methods to insure installation of the pipe to line and grade, as shown on the drawings. The Contractor's facilities for lowering precast pipe into the trench shall be such that neither the pipe nor the trench will be damaged or disturbed. The Engineer shall inspect all precast pipe before it is placed. Any section that is damaged by handling or is defective to a degree which in the opinion of the Engineer will. materially affect the function and service of the pipe shall be rejected and removed from the job site. Installing the precast pipe in the finished trench shall be started at the lowest point and is laid upgrade. For tongue and groove precast pipe, the grooved end shall be laid upgrade. The pipe shall be firmly and accurately installed to line and grade so that the invert will be smooth and uniform. The pipe shall be protected from water during placing and until the concrete, in cast -in -place pipe, or the mortar, in the joints of precast or cast in place pipe, has thoroughly set. The contractor shall provide temporary diversions as necessary to prevent surface water flow into the excavation. Pipe shall not be laid or installed on frozen gn-ound. Pipe which is not true in alignment, or which shows any change in grade after laying or installing, shall be taken up and re-laid or re -installed without extra compensation. Mortar shall be used for caulking and filling between the pipe and the drainage structures. Mortar that is not used within 45 minutes after water has been added shall be discarded. Retempering of mortar shall not be permitted. Pipe joints for precast concrete pipe shall be of the tongue and groove type. The. joints shall be of a watertight joint. lack joint shall be sealed with a preformed bituminous gasket as specified. The gasket shall be installed as recommended by the pipe manufacturer. 31 Field poured concrete bases shall be at least 12 inches thick and not less than 1 (one) foot greater diameter than the outside diameter of the manhole riser section. Concrete shall be Class A at a minimum 3000 psi 28 day compressive strength. Concrete placement shall conform to ACI and good construction practices, Concrete shall be consolidated and struck -off to a horizontal surface within the :forms or pouring rings. Field poured concrete bases shall be reinforced as detailed on the flans or as shown in the Standard Details. The manhole shall be constructed to ASTM C-891 standards. Precast reinforced concrete bases shall be of the size and shape detailed on the Plans or as shown in the Standard Details. 7.10 .BACKFILLING All trenches and excavations shall be backfilled as the pipes and manholes are installed, Y unless otherwise directed by the Engineer. Outside of street right of way the backfill material shall be selected granular material from excavation or borrow; material which is placed at the sides of the pipe and manhole and 1 foot over the top shall be material which can be readily compacted. It shall not contain stones retained on a 2-inch sieve, frozen lumps, chunks of highly plastic clay, or any other material which is objectionable to the Engineer. The material shall be moistened or dried, if necessary, to be compacted by the method in use. Backfill material shall be approved by the Engineer. The backfill shall be placed in loose layers not to exceed 6 inches in depth along each side of the pipe and manhole. Special care shall be taken to secure thorough compaction under the haunches and at the sides of the pipe and manhole. This backfill shall be brought up evenly on each side of the structure to an elevation of 1 foot over the top of the pipe, or such greater elevation as directed by the Engineer. Backfilling shall be done in. a manner as outlined in 3.1 and 43 and to avoid injurious top or side pressures on the pipe and manhole. Backiill shall be compacted to 95% (min.) Standard Proctor Density. Unless otherwise directed by the Engineer or plans, excavation within street right of way shall be backfilled with flowable fill material (2-sacks of cement per cubic yard concrete mix) to 1-1/2 inches below the asphalt surface. The pipe shall be restrained so that during the pour the pipe shall not be displaced. Movement of construction machinery over a culvert, pipeline, or manhole shall be at the Contractor's risk. Any damaged construction shall be removed and replaced at the - expense of the Contractor. 32 7.11 TRENCH PROTFCTION Trench excavations not exceeding five feet in depth shall be protected in accordance with a. 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 perforated under this section shall also comply with OSHA Part 1926, Subpart 1' 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. IJ 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. i 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 satcty 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. 1 If alternative systems composed of steel, aluminum, wood or a combination of materials are proposed, the contractor shall submit design data demonstrating the ability of the proposed materials to provide the necessary trench protection. Materials used for trench safety shall be capable of withstanding imposed loads without excessive deflections. Materials shall be clean, free of rust, holes, knots and other defects, and shall conform to the following: Steel — Steel shall be of type and thickness as required and shall have a minimum yield stress of 36 ksi. „ Aluminum — Type 6061-T6, thickness as required. # Wood in Contact with Earth — Pressure treated woods. Wood not in Contact with Earth — Soft or .hardwood as required. �.. t Y x { 33 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 l 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. 34 11.1. PROSECUTION OF THE WORK AND WORKING DAYS During the period the contractor is directing traffic over the base, the surface shall be satisfactorily maintained by the use of sprinkling and blading as required, so that no hazard will result. The base course shall be maintained until the wearing surface is placed thereon. At no time during the period 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, } f Work on Saturdays, Sundays, or City of Lubbock designated holidays must be authorized by the Engineer (see item 11.3). For each Saturday, Sunday, or City of Lubbock designated holiday on which the Contractor chooses to work and has authorization from the Engineer to work, 1 day will be charged. against the contract working time when conditions will permit at least 7 hours of work as described above. Work on Sunday will not be authorized except in cases of extreme emergency, as determined. by the Engineer. ) Working days will be considered. to begin on the effective date stated in the :Notice to Proceed, unless the contractor is unable to begin work on that date due to factors beyond his control as determined by the Engineer. In that event, time charged against the project l will begin on the date the contractor could first work a minimum of 7 hours as described E above.: 1 k � j P: _t 35 s S: E: �_ i 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. 36 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 will 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 i :20 is not included as part of the ramp, and will be paid for as sidewalk under section 12.3. 1.2.5 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 c l will be paid for at the unit price bid per square foot. The unit price bid shall include 1. furnishing and installing all materials, excavation and trilling within two feet of the =' channel, backfilling, reinforcement, forming, finishing, and all incidentals necessary to 6: 1 complete the work. l f: x, t; l; f_ 37 i 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, tilling, back:hlling, reinforcement, forming, finishing, and all incidentals necessary to complete the work. 112.7 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. 38 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 fowable fill), floor, connection to pipes, reinforcement, forming, finishing, manhole rings and covers, and all incidentals necessary to complete the work. 1.2.11 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 _ a 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, tilling, backfilling with compacted soil where applicable, and all incidentals necessary to complete the work. Flowable till will be paid for as a separate pay item. s t 12.13 EXTRA VERTICAL FEET OF MANHOLE The actual constructed manhole will be measured from the top of the base to the top of I ' the ring and cover. Any depth of manhole exceeding 6 feet in depth will be paid for at the unit price bid for extra vertical feet of manhole. The unit price bid shall include furnishing and installing all materials and all incidentals necessary to complete the work. 1 12.14 CURB AND GUTTER REMOVAL t= 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 1 feet of curb and gutter prior to removal. If curb and gutter is removed without A " l:. measurement by the Engineer, no payment will be made for that removal. The unit price 1, bid shall include sawing, hauling, labor and equipment, and legal disposal for removal of the curb and gutter.' is zr is y 39 is F'> a t x z i 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 till will be determined from tickets provided by the drivers of the delivery trucks. Payment will be made at the unit price bid per cubic yard of in place 1-1/2 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, I-IMAC 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. 40 12.19 EXCAVATION AND GRADING (OUTSIDE LIMITS OF CONSTRUCTION) Volume of excavation or fill, in cubic yards, will be determined by average end area method. Payment will be made at the unit price bid per cubic yard of completed excavation or fill. The unit price bid shall include all labor, equipment, and incidentals necessary to excavate or fill the site to the grades established by the Engineer. No separate payment will be made for disposing of excess material. t 4 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 1 grading of unpaved streets. Payment will be made at the unit price bid per cubic yard of completed ditch grading per cubic yard., or surface grading per square yard. The unit price bid shall. include all labor, equipment, and incidentals necessary to grade ditches or . surface grade unpaved streets to the grades established by the Engineer. No separate ; payment will be made for disposing of excess material. 13.1 STANDARD DETAILS f 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 1 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 0.35 feet 26 feet 0.37 feet 28 feet 0.40 feet 30 feet 0.42 feet 32 feet 0.45 feet t 36 feet 0.50 feet 42 feet 0.57 feet y 46 feet 0.62 feet 52 feet 0.69 feet 64 feet 0.85 feet 66 :feet 0.86 feet i 41 (� 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. MICROSURFACING All materials and Construction applications shall conform TxDOT Specifications Item# '50.There shall be no deviation from these specifications unless so directed by the Street Superintendent. 14.1 MATERIALS Cationic Polymer -Modified Asphalt Emulsion. Provide CSS-1 P in accordance with TxDOT item 300.2.1) "Emulsified Asphalt." Mineral Aggregates Provide a crushed aggregate from a single source meeting the requinnents of following. Furnish aggregate with a minimum TxDot "A" surface classification. Include the amount of mineral. filler added. to the mix determining the total minus No. 200 sieve aggregate fraction. Aggregate Gradation Requirement (Washed) Sieve Size Cumulative % Retained 1 /2 Inch 0 3/8 Inch 0-1 #4 6-14 #8 3 5-5 5 916 54-75 930 65-85 .. #50 75-90 #l00 82-93 #200 85-95 Aggregate Quality Magnesium Sulfate Soundness, max. TxDOT test method Tex-41 I -A 30% (5 cycle) Sand equivalent, %, min TxDOT test method Tex-203-F 70% 42 Mineral Filler shall be free of lumps and foreign matter consisting of non -air -entrained cement. Water shall be potable and free of harmiia.l soluble salts. Use approved additives as recommended by the emulsion manufacture in the emulsion mix or in any of the component materials when necessary to adjust mix time in the field. 14.2 EQUIPMENT All equipment shall be keep in good working conditions no leaks. Any equipment that shows signs of leaks shall be fixed immediately, and shall not be used until such leaks are fixed. The mixing machine shall be a self-propelled micro -surfacing mixing machine. It shall have self -loading devices to promote continuous laying operation. It shall have sufficient storage capacity for mixture materials, individual volume or weight controls that will proportion each material to be added to the mixture. A water pressure system and nozzle -type spray bar immediately ahead of the spreader box and capable of spraying the roadway for the width of the spreader box. Scales used for weighing materials and emulsion must be calibrated, and meet the requirements of TxDOT Item# 520. 14.3 CONSTRUCTION Produce, transport, and place micro surfacing. Ensure that the finished surface has a �Li uniform texture and the micro surface mat is fully adhered to the existing road surface. All materials that are to be stockpiled shall be protected from dust and other contamination. Mineral filler shall be stored in a manner that will keep it dry and free from contamination. All asphalt materials shall be kept free from contamination. j lVlicro-Surfacing shall not b., placed until the air temperature is at least 50 degrees F and rising as determined by the National Weather Service continuous broadcast, 748-1071 selection 2. The placement of Micro -Surfacing shall be stopped when the air temperature is 60 degrees F and falling, or when impending weather is approaching. No Micro - Surfacing shall be placed until the surface of the road way is at least 50 degrees F. The existing road surface shall be thoroughly clean and free of all vegetation., loose aggregate, and soil. Remove existing raised pavement markers, and any thermoplastic type marking. When existing surface conditions require, provide a water spray immediately ahead of the spreader box. Apply water at a rate that dampen the entire 1 surface without any free -flowing water ahead of the spreader box. The placing of the micro -surface shall be spread uniformly at a rate of no less than 23 pounds per square yard and no more than 10 pounds per square yard. and shall maintain a proper. alignment. The spreader box shall be keep clean to minimize clumps. Set and 1 maintain the skis on the spreader box as to prevent chatter in the finished .mat. Adjust the rear seat to provide the desired spread. Adjust the secondary strike -off to provide the desired surface texture. The finished mat shall be kept protected from traffic until it has cured and traffic will not harm it. Adjustments shall be made to the mixture to allow 43 . rolling traffic back on the surface in l hour. Other locations with turning traffic shall be protected for longer periods of time. 14.4 FINISHED SURFACE The finished surface shall be uniformed in texture and free from excessive scratch marks, tears, and other surface irregularities. All. scratch marks, tears, and other surface irregularities shall be fixed by the contractor at no additional cost to the City of Lubbock. All longitudinal joints shall be placed on lane lines unless otherwise directed by the Street Superintendent. All joints shall be uniform in appearance and shall match when placed against another joint. Edges should be uniform and neat in appearance. All ruts, utility cuts, and depressions in the surface shall be filled in a separate pass from the final pass. 14.5 HOURS OF OPERATION Operating hours will be Monday through Saturday as outlined in section 12.1 of these specifications unless other wise directed by the Street Superintendent. Night work. will be permitted only on our major thoroughfares and shall conform to the following. Major Thoroughfares 7PM to 7AM Residential Areas 7AM to 7PM. 15.1 ASPHALT REJUVENATOR The contractor shall furnish all labor, material, and equipment necessary to perform all operations for the application of an asphalt rejuvenating agent to asphaltic surfaces at various locations. The list of street names selected for application shall be provided by the Street Superintendent. 15.2 MATERIALS The asphalt -rejuvenating agent shall be an emulsion composed of a petroleum resin base uniformly emulsified with water. The asphalt rejuvenating emulsion shall conform to the following physical and chemical requirements. 44 r TEST TEST METHOD AASHTO min. REOUIRMENTS Min. Max. Test on Emulsion: Viscosity @ 25 ° C SFS, Residue % W Miscibility Test Sieve Test Particle Charge Test Percent Light Transmittance D-244 T=59 D-244 mod. T-59 mod D-244 mod T-59 mod D-244 mod T-59 mod D-244 T-59 D-244 mod '17-59 mod GB GB Test on Residue from Distillation 15 40 60 65 No coagulation 0.1 Positive I'lash Point, COC 0 deg D-92 T-48 196 Viscosity @ 60 ° C, CST D-445 - 100 Asphaltenes, %w D-2006-70 - - Maltene Dist. Ratio D-2006-70 - 0.3 PC/S Ratio D-2006-70 0.5 Saturated hydrocarbons D-2006-70 21 30 200 1.00 0.6 28 The rejuvenating agent shall have a record of at least five years of satisfactory service as asphalt rejuvenating agent and in-depth sealer. Satisfactory service shall be based on the capability of the material to decrease the viscosity and increase the penetration value of the asphalt binder as follows. The viscosity shall be reduced by a minimum of 45 percent, and the penetration value shall be increased by a minimum of. 25 percent. Test data shall be performed on extracted asphalt cement from a pavement to a depth of three eighths of an inch (3/8). In addition, the pavement shall be in-depth sealed to the intrusion of air and water. 15.3 EQUIPMENT All equipment shall be keep in good working conditions no leaks. Any equipment that shows signs of leaks shall be fixed immediately, and shall not be used until such leaks are fixed. The distributor :for spreading the emulsion shall b self-propelled, and shal I have pneumatic tires. The distributor shall be designed and equipped to distribute the asphalt rejuvenating agent uniformly on variable widths of surface at readily determined and controlled. rates from 0.05 to 0.5 gallons per square yard of surface, and with an allowable variation. from any specified rate not exceed 5 percent of the specified rate. 45 The distributor shall be equipped with the following full circulation spray bars, pump tachometer, volume measuring device, and a hand hose attachment suitable for application of the emulsion manually to cover areas inaccessible to the distributor. The application rate accuracy as well as the uniformity of distribution shall be checked as deemed. necessary by the Street Superintendent. The truck used for sanding shall be equipped with a spreader that allows the sand to be uniformly distributed onto the pavement. The spreader shall be able to apply 1 /2 pound to 3 pounds of sand per square yard in a single pass. The sand used shall be free flowing, free of debris (leaves, dirt, stones, etc.) any wet sand shall be rejected from the job site. 15.4 APPLICATION The asphalt -rejuvenating agent shall be applied by a distributor truck at the temperature recommended by the manufacturer and at the pressure required for the proper distribution. The emulsion shall be applied so that unii'orm distribution is obtained at all points of the areas treated. Areas inadvertently missed shall receive additional treatment. Application of asphalt rejuvenating agent shall be on one-half width of the pavement at a time. When the second half of the surface is treated, the distributor nozzle nearest the cent of the road shall overlap the previous application by at least one-half the width of the nozzle spray. In any event the centerline construction joint of the pavement shall be treated in both application passes of the distributor truck. The asphalt -rejuvenating agent shall be blended with water at the rate of two (2) parts rejuvenating agent to one (1) part water, by volume or as specified by the manufacturer. The combined mixture of asphalt rejuvenating agent and water shall be spread at the rate of 0.05 to 0.10 gallons per square yard, or as approved by the Street Superintendent. After the street has been treated, the area within one foot of the curb line on both sides of the road shall receive an additional treatment of the asphalt rejuvenating agent. The treatment shall be uniformly applied by a method acceptable to the Street Superintendent. After the rejuvenating agent has penetrated the surface, a coating of dry sand shall be applied to the surface to protect the traveling public. The asphalt -rejuvenating agent shall not be placed when the ambient temperature is below 40 degrees r as determined by the National Weather Service continuous broadcast, 748-1071 selection 2. The asphalt -rejuvenating agent shall be applied only when the existing surface to be treated is thoroughly dry and when it is not threatening to rain. 15.5 CLEAN UP The contractor shall be responsible for sweeping and cleaning of the streets prior to, and after treatment when required. Prior to treatment, the street will be cleaned of all debris (dirt, leaves, foreign materials, etc.) This work shall be accomplished by brooming, power blowing, or other approved. methods. All sand used during the treatment must be removed no later than 48 hours after treatment of the street. This shall. be accomplished by mechanical sweeping. All turnouts, cul-de-sacs, etc. must be cleaned of any material 46 to the satisfaction of the Street Superintendent. If the cleanup up process falls behind or the cleanup is not satisfactory to the Street Superintendent the application process will be halted until the sweeping crew has caught up, or until the street and surrounding right of ,way has been cleaned. Street sweeping and. clean up shall be included in the price per square yard for the asphalt -rejuvenating agent. 15.6 MEASGRNIENT AND PAYMENT Asphalt rejuvenating agent will be measured by the square yard as provided for in the contract documents. The accepted quantities, measured as provided for above, will be paid for at the contract unit price for asphalt rejuvenating agent. Asphalt rejuvenating agent shall be paid for per square yard, which shall be full compensation for furnishing all materials, equipment, labor and incidentals to complete the work as specified and required.