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HomeMy WebLinkAboutResolution - 2012-R0483 - Contract - Lone Star Dirt & Paving Ltd.- Asphalt Patching - 12_17_2012 (3)REsolution No. 2012—ROO483 December 17, 2012 Item No. 5.3 RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock is hereby authorized and directed to execute for and on behalf of the City of Lubbock, Contract No. 11017 for asphalt patching at various locations, by and between the City of Lubbock and Lone Star Dirt & Paving, Ltd., and related documents. Said 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 on December 17, 2012 r 41 KAREN GIBSON, MAYOR PRO TEM ATTEST: P-a�� "5K - Rebec a Garza, City Secretary APPROVED AS TO CONTENT: Marsha Reed, P.E., Chief Operating Officer APPROVED AS TO FORM: i Chad Weaver, Assistant City Attorney vwxcdocs/RES.Contract-Lone Star Dirt & Paving, Ltd. November 28, 2012 BID SUBMITTAL FORM PAGE INTENTIONALLY LEFT BLANK 16 1 BID SUBMITTAL FORM UNIT PRICE BID CONTRACT DATE: ! ..,' a ITB 13-11017-CI —Asp It Patching at Various Locations f C Bid of ,L ne r2 -Q,,4r D, n r4 4 i" VI At MM tj (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 Asphalt Patching at Various Locations, 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. ITEM DESCRIPTION ESTIMATED UNIT OF UNIT EXTENDED NO. UANTITY MEASURE PRICE AMOUNT 1 Patching with Black Base, 3" depth (milling to a depth of 4 5,500 SY $ '/2", with replacement of 3" Black Base and 1 '/2" Type C Hot Mix), including labor, equipment, removal and disposal of asphaltic surface, caliche base and subgrade (if soft or fl0 00 v b I) — unstable) to a depth of 4 '/2" and replacing with 3" of Black Base and 1 '/2" Type C Hot Mix. 2 Patching with Black Base, 6" depth (milling to a depth of 7 7,500 SY %:', with replacement of 6" Black Base and 1 '/2" Type C Hot Mix), including labor, equipment, removal and disposal of 00 I "` 3 asphaltic surface, caliche base and subgrade (if soft or Ov� t unstable) to a depth of 7 '/2" and replacing with 6" of Black Base and l W' Type C I Mix. 3 Patching with Black Base, 9" depth (milling to a depth of 10 3,000 SY '/2", with replacement of 9" Black Base and 1 %2" Type C Hot Mix), including labor, equipment, removal and disposal of asphaltic surface, caliche base and subgrade (if soft or 00 U 5 oil unstable) to a depth of 10'/2" and replacing with 9" Black t Base and 1 W—rype C Hot Mix. 4 Patching with 2 sack Flowable fill, 6" depth, (milling to a 200 SY depth of 7 %2", with replacement of 6" 2 sack Plowable fill and I '%2" Type C Hot Mix), including labor, equipment, removal and disposal of asphaltic surface, caliche base and subgrade / 00 / /0 ` �� o c) (� (if soft or unstable) to a depth of 7 %" and replacing with 6" of 2 sack Flowable till and 1 ''/i' TypE C Hot Mix. 5 Mobilization — Including Contractor mobilization, insurance, 1 LS ,moo payment bond, performance bond, and demobilization. aIDL-> 'aQi DDT a- TOTAL BASE BID (ITEMS 1 - 5) ao $ �I 0oc) 2 �u Bidder's Initials r J Bidder hereby agrees to commence the work on the above project on a date to be specified in a written "Notice to Proceed" of the Owner and to substantially complete the project within ONE -HUNDRED EIGHTY (180) CONSECUTIVE CALENDAR DAYS thereafter as stipulated in the specifications and other contract documents. Bidder hereby further agrees to pay to Owner as liquidated damages the sum of FIVE -HUNDRED DOLLARS ($500) for each consecutive calendar day in excess of the time set forth herein above for completion of this project, all as more fully set forth in the general conditions of the contract documents. Bidder understands and agrees that this bid submittal shall be completed and submitted in accordance with instruction number 29 of the General Instructions to Bidders. Bidder understands that the Owner reserves the right to reject any or all bids and to waive any formality in the bidding. The Bidder agrees that this bid shall be good and may not be withdrawn for a period of SEVENTY (70) calendar days after the scheduled closing time for receiving bids. The undersigned Bidder hereby declares that he has visited the site of the work and has carefully examined the plans, specifications and contract documents pertaining to the work covered by this bid, and he further agrees to commence work on or before the date specified in the written notice to proceed, and to substantially complete the work on which he has bid; as provided in the contract documents. Bidders are required, whether or not a payment or performance bond is required, to submit a cashier's check or certified check issued by a bank satisfactory to the City of Lubbock, or a bid bond from a reliable surety company, payable without recourse to the order of the City of Lubbock in an amount not less than five percent (5%) of the total amount of the bid submitted as a guarantee that bidder will enter into a contract, obtain all required insurance policies, and execute all necessary bonds (if required) within ten (10) business days after notice of award of the contract to him f ^ Bidder's Initials 1 Y;. Enclosed with this bid is a Cashier's Check or Certified Check for Dollars ($ ) or a Bid Bond in the sum of 570/, Dollars ($ ), which it is agreed shall be collected and retained by the Owner as liquidated damages in the event the bid is accepted by the Owner and the undersigned fails to execute the necessary contract documents, insurance certificates, and the required bond (if any) with the Owner within ten (10) business days after the date of receipt of written notification of acceptance of said bid; otherwise, said check or bond shall be returned to the undersigned upon demand. Bidder understands and agrees that the contract to be executed by Bidder shall be bound and include all contract documents made available to him for his inspection in accordance with the Notice to Bidders. Pursuant to Texas Local Government Code 252.043(a), a competitive sealed bid that has been opened may not be changed for the purpose of correcting an error in the bid price. THEREFORE, ANY CORRECTIONS TO THE BID PRICE MUST BE MADE ON THE BID SUBMITTAL FORM PRIOR TO BID OPENING. (Seal if Bidder is a Corporation) ATTEST: Secretary Bidder acknowledges receipt of the following addenda: Date:.. l% - a2 / �tl Au orize_d Si aiure -� v+e A. r n e r (Printed or Typed Name) // `` ar .Cone. J+, r r--f i ✓ ✓� Company j l Address City, County _ 7&!> State f Zip Code Telephone: 8 0 io - 7LI -� I,, 11 Fax: 901, 7 N S '-io 711 Addenda No. Date FEDERAL TAX ID or SOCIAL SECURITY No. Addenda No. Date g 0 O 0 13 D `I l Addenda No. Date -`--- Addenda No. Date EMAIL: knee �S�e,eC�'n�S'onirae . ne4 M/WBE Firm: Woman Black American Native American Hispanic American Asian Pacific American Other (Specify) PAGE INTENTIONALLY LEFT BLANK I 16 r` ® THE MAIN STREET AMERICA GROUP NGM Insurance Company • Old Dominion Insurance Company Main Street America Assurance Company • MSA Insurance Company Information Systems and Services Corporation Bid Bond KNOW ALL MEN BY THESE PRESENTS, that we (Here insertfull name and address or legal title of Contractor) Lone Star Dirt & Paving 11820 University Avenue Lubbock, TX 79423 as Principal, hereinafter called the Principal, and (Here insert full name and address or legal title of Surety) NGM Insurance Company 55 West Street Keene, NH 03431 g- a corporation duly organized under the laws of the State of Florida as Surety, hereinafter called the Surety, are held and firmly bound unto (Here insert full name and address or legal title of Owner) City of Lubbock 1625 13In Street Lubbock, TX 79401 as Obligee, hereinafter called the Obligee, in the sum of 5% of Amount Bid Dollars ($5% of Amount Bid), for the payment of which sum well and truly to be made, the said Principal and the said Surety, bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has submitted a bid for (Here insert full name, address and description of project) Asphalt Patching Projects -- various Locations NOW, THEREFORE, if the Obligee shall accept the bid of the Principal and the Principal shall enter into a Contract with the Obligee in accordance with the terms of such bid, and give such bond or bonds as may be specified in the bidding or Contract Documents with good and sufficient surety for the faithful performance of such Contract and for the prompt payment of labor and material furnished in the prosecution thereof, or in the event of the failure of the Principal to enter such Contract and give such bond or bonds, if the Principal shall pay to the Obligee the difference not to exceed the penalty hereof between the amount specified in said bid and such larger amount for which the Obligee may in good faith contract with another party to perform the Work covered by said bid, then this obligation shall be null and void, otherwise to remain in full force and effect. Signed and sealed this 281" day of November, 2012 (Witness) (Witness) (Title) Attorney -in -fact Printed in cooperation with the American Institute of Architects (AIA) by the NGM Insurance Company of 4601 Touchton Road East, Suite 3400, Jacksonville, FL 32256 904-739-0873. The language in this document conforms exactly to the language used in AIA Document A310, February, 1970 edition. 68-5302 (0512006) PAGE INTENTIONALLY LEFT BLANK NGM INSURANCE COMPANY ATTORNEY 0'2 28 2 0 4 06'"" :A he Mdn St�t Amarim Orcw KNOW ALL MEN BY THESE PRESENTS- That NGM Insurance Company, a Florida corporation having its principal office' the Qty. of Jacksonville, State of Florida, pursuant to ArticI61V; Section 2-of the By -Laws of said Company, ft..- in 6 w. 'president, secretary, or the treasurer.:.. 49 "Article Section, 11)' board of directors, the president,vice any shall have the power and authority to appoint attorneys -in -fact and to authorize them to execute on behalf of the company and affix the seal of the. company, thereto, bonds, recognizances, contracts of indemnity or writings obligatory in the nature of a- bond, ,,recqgnJzana*x conditional undertaking and to remove any. such a eys;-in a pTn fact at any time andrevoke the given to them. does- hereby make, constitute and appoint C. Brent Aycock, Jeffrey Fowler, J. Kirk Killough, Dawn R. Taylor --- its true and lawful Attorneys-in4Act, to make, execute, seal and deliver lorand-bri'its behalf, and as its act and deed„boWs undertakings, reco­ izatic6s.11 contracts of indemnity, or other writings obligatory y tigatbri­ io-,natureo f a bond subject to the following limitation: 1. No one bond to exceed Five Million Dollars ($5,000,000.00) and to bind NOM Insurance Company thereby diful' ' fully and'.�.tb-the same extent as if such instruments were n signed by the duly - d eon i&64;,,--_J authorized officers of the NGM Insurance Co1fipanyi,th6 acts ofsaid Attorney are hereby ratified a This power of attorney is signed and sealed by facsimile under and by the authority of the following resolution adopted by the Directors of'NrGM lhsiiriiide C ompany at a meeting duly called. and held on thc',2id day of December 1977. Voted: T14t the'kignpture of any officer authorized by the By -Laws and the company seal may be affixed by facsimile 10 any power of attorney or special power of attorney..or certification of either given for the execution.'of any bond, undertaking, recognizance or other written, obligation in the,"e thereof; , such signature and: seali, when -so-, used being y the'company as the -'dh office and the original seal oi_,th0;cq 4` bts hereby _adopted b e original signaturei ofsu valid and- idding upon the company with the s fofGean though manually affxed, IN WITNESS WHEREOF, NGM Insurance Company has caused these presents to be signed by its Assistant Vice - President, General Counsel and Sepretary'and its corporate seal to be hereto affixed this I Ith day- of Match, 2011. COMPANY By: i low Bruce R Fox Assistant Vice President; `Q0neral,,..,, Counsel and Secretary State ,of Florida, - County of Duval. On this March lith,.,2011'b&foi6�.'the':-Stibgcribdr a Notary Public of StateV'of Florida 'Wand kithe County of Duval duly commissionedand- i, oxo f. the NGM; Insurance Company, me personall 66,.4.to "be the officer described herein, and W qualified, came Biupe F to ­m., ho executed the preceding instrument, and he acknowledged the execution of same, and being by me fully sworn, deposed and said that lie is an officer of said Company, aforesaid- that the seal affixed to the preceding instrument is the corporate seal of said Company, and the said .�,Cofporate seal And her signature as officer were duly affixed, and subscribed to the said instrument by the. authority, and dir ection of the said Comp'any 'h' Article IV, Section 2 of the By-Lawsbf said Company is now in force. IN W ITN ES`8'WHEREOF, I have hereunto set my hand and affiked my official seal at Jacksonville, Florida this I I th day of March, TASHA FeRM sr;Tl F.4% i0=15 6g o- President of the NGM Insurance Company, do hereby that the above and foregoing is a true and correct ce copy Arian J, a gg, Vice certify of; Powi4 qAttorney executed by said Company which is still in full force and effect. 1 YV [TN 8 PC) ER py, an an affixed th� seal of said Company at Jacksduville, Florida F, I havp hereunto set ' hand d d Mix this day of /P_ WARNING: Any unauthorized reproduction or alteration of this document is prohibited. !,TO CONFIRM VALIDITY of the attachidbon&pIqasc tall Ir 00-225-5646. To SUB, A-. Mrr CLAIM: Send all correspondence to 55 West Strict: Keenc- NH 03431 Attn: Bond Claims. PAGE INTENTIONALLY LEFT BLANK To obtain information or make a complaint: You may contact your surety underwriter at 1-904-380-7482 You may also write to Main Street America Group at: 4601 Touchton Road East Suite 330 Jacksonville, Fl 32245-6100 Attn: Bond Underwriting i 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 E-mail: ConsnmerProlectiontC Idi.state.tx.us PREMIUM OR CLAIM DISPUTES Should you have a dispute concerning your premium or about a claim you should contact the agent or the company First. If the dispute is not resolved, you may contact the Texas Department or Insurance. This notice is for information only and does not become a part or condition of the attached document. - AVISO IMPORTANTE Para obtener informacion o para somcter una queja: Puede comunicarse con su surety underwriter at 1-904-380-7482 Usted tambien puede cscribir a Main Street America Group at: 4601 Touchton Road East Suite 330 Jacksonville, Ft 32245-6100 Attn: Bond Underwriting Puede comunicarse con el Departamento de Seguros de Texas para obtener informacion acerca de companies, coberturas, derechos o qucjas at: 1-800-252-3439 Puede escribir at Departamento do Seguros de Texas: P.O. Box 149104 Austin, TX 78714-9104 Fax: (512) 475-1771 E-mail: ConsumerProtection cutdi.state.tx.us DLSPUTAS SOBRE PRIMAS O RECLAMOS: 1 Si tiene una disputa concerniente a su prima o a un reclarno, debe comunicarse con el agente o la compania primero. Si no se resuelve la disputa, puede entonces comunicarse con el departamento (TDI) Este aviso es solo para poposito de informacion y no se convierte en parte o condicion del documento adiunto. 68-TX-0056-03 �d PAGE INTENTIONALLY LEFT BLANK r• W-- CITY OF LUBBOCK INSURANCE REQUIREMENT AFFIDAVIT To Be Completed by Bidder and Agent Must be submitted with Bid I, the undersigned Bidder, certify that the insurance requirements contained in this bid document have been reviewed by me and my Insurance Agent/Broker. If I am awarded this contract by the City of Lubbock, I will be able to, within ten (10) business days after being notified of such award by the City of Lubbock, furnish a valid insurance certificate to the City meeting all of the requirements defined in this bid. C nt a or (Origin l Signature) Contractor (Print) CONTRACTOR'S BUSINESS NAME: (Print or Type) r t r-4 A v i ✓t �•# CONTRACTOR'S FIRM ADDRESS: 11O �l h rIV e �a6 71-7 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 Director of Purchasing & Contract Management Office for the City of Lubbock at (806) 775-2572. BID 13-11017-C1 _ Asphalt Patching at Various Locations I PAGE INTENTIONALLY LEFT BLANK SAFETY RECORD QUESTIONNAIRE The City of Lubbock City Council desires to avail itself of the benefits of Section 252.0435 of the Local Government Code, and consider the safety records of potential contractors prior to awarding bids on City contracts. Pursuant to Section 252.0435 of the Local Government Code, City of Lubbock has adopted the following written definition and criteria for accurately determining the safety record of a bidder prior to awarding bids on City contracts. The definition and criteria for determining the safety record of a bidder for this consideration shall be: The City of Lubbock shall consider the safety record of the bidders in determining the responsibility thereof. The City may consider any incidents 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 from 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 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. t� �, Bidder's Initials i QUESTION TWO Is Has the bidder, or the firm, corporation, partnership, or institution represented by the bidder, or anyone acting for such firm, corporation, partnership or institution, received citations for violations of environmental protection laws or regulations, of any kind or type, within the past five years? Citations include notice of violation, notice of enforcement, suspension/revocations of state or federal licenses, or registrations, fines assessed, pending criminal complaints, indictments, or convictions, administrative orders, draft orders, final orders, and judicial final judgments. v---- YES NO If the bidder has indicated YES for question number two above, the bidder must provide to City of Lubbock, with its bid submission, the following information with respect to each such conviction: Date of offense or occurrence, location where offense occurred, type of offense, final disposition of offense, if any, and penalty assessed. QUESTION THREE Has the bidder, or the firm, corporation, partnership, or institution represented by bidder, or anyone acting for such firm, corporation, partnership, or institution, ever been convicted, within the past ten (10) years, of a criminal offense which resulted from serious bodily injury or death? YES NO If the bidder has indicated YES for question number three above, the bidder must provide to City of Lubbock, with its bid submission, the following information with respect to each such conviction: Date of offense, location where offense occurred, 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 misrepresentatiis or omissigns may cause my bid to be rejected. SignatKe Title t 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 $50,000 and all non procurement transactions (e.g., sub -awards to sub -recipients). Contractors receiving individual awards of $50,000 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 $50,000 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. r j COMPANY NAME: h O ne_ 5- tQ f tDt r 4 A _A tj."A— �ij FEDERAL TAX ID or SOCIAL SECU Y No. D 3, 1 Signature of Company Official: Printed name of company official signing above: ��eu /Q rr, �•. r `" Date Signed: 1 / Z g / I PAGE INTENTIONALLY LEFT BLANK LIST OF SUB -CONTRACTORS I.J [.1 A PAGE INTENTIONALLY LEFT BLANK c BID # 13-11017-CI, Asphalt Patching at Various Locations LIST OF SUB CONTRACTORS Company Name Location 2. i 3. 4. �j 5. JJ 6. 7. ._; 8. 9. 10. 11. 12. 3. 14. 15. 16. �- .C.9ne J�"Ar Ari J"f�v+ n� Company J Clnly Address / City, County State Telephone: 7N Zip Code S 4 o 1 / Fax: _ - 7tiS a'7.( Services Provided Minority Owned Yes No ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ THIS FORM SHALL BE COMPLETED AND RETURNED ALONG WITH YOUR PROPOSAL IF NO SUB —CONTRACTORS WILL BE USED PLEASE INDICATE SO . BID # 13-11017-CI, Asphalt Patching at Various Locations 1 FINAL LIST OF SUB CONTRACTORS Minority Owned Company Name Location Services Provided Yes No 1. ! V 2. ❑ ❑ 2. ❑ ❑ 3. ❑ ❑ 4. 5. ❑ ❑ ❑ ❑ 6. ❑ ❑ 7. ❑ ❑ 8. ❑ Cl 9. ❑ ❑ 10. ❑ ❑ 11. ❑ ❑ 2. ❑ ❑ 13. ❑ ❑ 14. ❑ ❑ 15. ❑ ❑ 16. ❑ ❑ �ne J-t'Ar ��t � P�� I--��) Company Address � Lb �, City, County -rv_, !IfV 3 State Zip Code Telephone: BOG - 7y,5- 4D // Fax; _- 7LfS 41VI % THIS FORM SHALL BE COMPLETED AND RETURNED WITHIN 7 DAYS OF BID CLOSING. IF NO SUB —CONTRACTORS WILL BE USED PLEASE INDICATE SO., 3 ?1 PAYMENT BOND PAGE INTENTIONALLY LEFT BLANK Bond #S-275207 STATUTORY PAYMENT BOND PURSUANT TO SECTION 2253.021(a) OF THE TEXAS GOVERNI'VIENT CODE (CONTRACTS MORE THAN $50,000) KNOW ALL LIEN BY'rHESE PRESENTS, that Lone Star Dirt & Paving, Ltd (hereinafter called the Principal(s), as Frincipal(s), and NGM Insurance Company r (hereinafter called the Surety(s), as Surety(s), are held and firmly bound unto the City of Lubbock (hereinafter called the Obligee), in the amount of Eight -Hundred Sixty -Four Thousand Dollars (S864,000) lawful motley 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 17th day of December, 2012, to Asphalt Patchinq at various locations - IT1313-11017-CI 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. IN WITNESS WHEREOF, the said Principal (s) and Surety (s) have signed and sealed this instrument this 17th day of December 2012. NGM Insurance Company Sur:.ty y: (Tit Dawn R. Taylor, ower of Attorney Lone Star Dirt & Paving, Ltd (Company Name) By: lam_ (Prin d Name) S ignat (Title) No Text The undersigned surety company represents that it is duly qualified to do business in Texas, and hereby designates J. Kirk Killough 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. Approved as to form: City of By: :� City Attorney * Note: If signed by an Office 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. No Text STATUTORY PAYMENT BOND PURSUANT TO SECTION 2253.021(a) OF THE TEXAS GOVERNMENT CODE (CONTRACTS MORE THAN $50,000) KNOW ALL MEN BY THESE PRESENTS, that Principal.(s), as Principal(s), and (hereinafter called the (hereinafter called the Surety(s), as Surety(s), are held and firmly bound unto the City of Lubbock (hereinafter called the Obligee), in the amount of Eight -Hundred Sixty -Four Thousand Dollars ($864,000) 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 17th clay of December, 2012, to 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 day of 2012. Surety *By: (Title) (Company Name) By: (Printed Name) (Signature) (Title) The undersigned surety company represents that it is duly qualified to do business in Texas, and hereby designates 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. Surety * By: (Title) Approved as to form: City of Lubbock By: City Attorney * Note: If signed by an Office 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. K PERFORMANCE BOND PAGE INTENTIONALLY LEFT BLANK 0 1-1 Bond #S275207 STATUTORY PERFORNIANCE BOND PURSUANT TO SECTION 2253.021(a) OF THE TEXAS GOVERIMMENT CODE (CONTRACTS MORE THAN S100,000) Lone Star Dirt & Paving, Ltd KNOW ALL -%tEN BY THESE PRESENTS, that (hereinafter called the Principal(s), as Principal(s), and NGM Insurance Company ' (hereinafter called the Surety(s), as Surety(s), are held and firmly bound unto the City of Lubbock (hereinafter called the Obligee), in the amount of Eight -Hundred Sixty -Four Thousand Dollars (S86.1,000) lawful stoney 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 17th day of December, 2012, to Asphalt Patching at Various Locations - ITB 13-11017-CI 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 Ibe 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 17t day of December , 2012. NGM Insur .ce Company Surety ' — . By: (Tit eVDa;wj'n R. Taylor, Power of Attorney Lone Star Dirt & Paving. Ltd (Company Name) By: V �L,,' 2 r (Prin d Name) (- ign e (Title) No Text The undersigned surety company represents that it is duly qualified to do business in Texas, and hereby designates J. Kirk Killough 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. Approved as to Form CityLolf u k By: City Attorney NGM Insurance Company Surety *By, . (Title Dawn R. Taylor, Power of Attorney ' Mote: If signed by an Office 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. No Text attache*O$19-4- CONFIRM VALIDUY of the lop", 646. "Attn: Bond Claims. Send all correspondence to 55 IMPORTANT NOTICE To obtain information or make a complaint: You may contact your surety underwriter at 1-904-380-1482 You may also write to Main Street America Group at: 4601 Touchton Road East Suite 330 Jacksonville, FI 32245-6100 Attn: Bond Underwriting 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 E-mail: ConsumerProtection0ad i. state. tx. us PREMIUM OR CLAIM DISPUTES Should you have a dispute concerning your premium or about a claim you should contact the agent or the company first. If the dispute is not resolved, you may contact the Texas Department of Insurance. This notice is for information only and does not become a part or condition of the attached document. AVISO IMPORTANTE Para obtener informacion o para someter una queja: Puede comunicarse con su surety underwriter al 1-904-380-7482 Usted tambien puede escribir a Main Street America Group at: 4601 Touchton Road East Suite 330 Jacksonville, FI 32245-6100 Attn: Bond Underwriting Puede comunicarse con el Departamento de Seguros de Texas para obtener informacion acerca de companies, coberturas, derechos o quejas al: 1-800-252-3439 Puede escribir al Departamento de Seguros de Texas: P.O. Box 149104 Austin, TX 78714-9104 Fax: (512) 475-1771 E-mail: ConsumerProtection(a)tdi.state.tx.us DISPUTAS SOBRE PRIiMAS O RECLAMOS: Si tiene una disputa concemiente a su prima o a un reclamo, debe comunicarse con el agente o la compania primero. Si no se resuelve la disputa, puede entonces comunicarse con el departamento (TDI) Este aviso es solo para poposito de informacion y no se convierte enparte o condicion del documento adi unto. 68-TX-0056-03 No Text E j STATUTORY PERFORMANCE BOND PURSUANT TO SECTION 2253.021(a) OF THE TEXAS GOVERNMENT CODE t ? (CONTRACTS MORE THAN $100,000) KNOW ALL MEN BY THESE PRESENTS, that (hereinafter called the Principal(s), as Principal(s), and 4 . (hereinafter called the Surety(s), as Surety(s), are held and firmly bound unto the City of Lubbock (hereinafter called the Obligee), in the amount of Eight -Hundred Sixty -Four Thousand Dollars ($864,000) lawful money of the United States for the payment whereof, the said Principal and Surety bind themselves, and their heirs, administrators, executors, 1 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 17th day of December, 2012, to and said principal wider 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. i IN WITNESS WHEREOF, the said Principal (s) and Surety (s) have signed and sealed this instrument this day of 22012. i f- Surety By: (Title) (Company Name) By: (Printed Name) (Signature) (Title) 2 e; The undersigned surety company represents that it is duly qualified to do business in Texas, and hereby designates 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. Surety *By: (Title) Approved as to Form City of Lubbock By: City Attorney * Note: If signed by an Office 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. 3 CERTIFICATE OF INSURANCE PAGE INTENTIONALLY LEFT BLANK ACORD® CERTIFICATE OF LIABILITY INSURANCE D01/08/DD/YYYIf) O1/08/2013 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. 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). PRODUCER 1-432-570-3456 Arthur J. Gallagher Risk Management Services, Inc. CONTACT Becky Chatfield NAME: PHONE FAX N Ex • 432-570-3456 A/C No: 432-570-3450 E-MAIL k becChatfield@a ADDRESS: Y j gcom 110 N. Marienfeld Suite 330 Midland, TX 79701 INSURERS AFFORDING COVERAGE NAIC# INSURER A: MOUNTAIN STATES MUT CAS CO 14648 Scott Riddle INSURED INSURER B: ZENITH INS CO 13269 Lone Star Dirt & Paving, Ltd. INSURER C INSURERD: 11820 University Avenue INSURERE: Lubbock, TX 79423-7412 INSURER F : COVERAGES CERTIFICATE NUMBER' 31453869 REVISION NUMBER' THIS IS TO CERTIFY THAT 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. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE ADDL SUBR POLICY NUMBER MO UYEFF /YYYY FOLIC EXP LIMITS A GENERAL LIABILITY CPP0124761 04 05/30/1 05/30/13 EACH OCCURRENCE $ 1,000,000 X COMMERCIAL GENERAL LIABILITY CLAIMS -MADE � OCCUR DAMAGE TO RENTED PREMISES Ea occurrence $ 100,000 MED EXP (Any one person) $ 10,000 X AI - UND618 (03/11) PERSONAL &ADV INJURY $ 1,000,000 X WOS - UND618 (03/11) GENERAL AGGREGATE $2,000,000 GENT AGGREGATE LIMIT APPLIES PER: PRODUCTS -COMP/OPAGG $ 2,000,000 $ POLICY PRO X LOC A AUTOMOBILE LIABILITY BAP0124761 03 05 30 12 05 30 13 COMBINED SINGLE LIMIT Ea accident 1,000,000 X BODILY INJURY (Per person) $ ANY AUTO ALL OWNED SCHEDULED AUTOS AUTOS BODILY INJURY (Per accident) $ PROPERTY DAMAGE Per accident $ NON -OWNED HIRED AUTOS AUTOS AI-UND615(09/10) $ WOS-UND615(09/ A X UMBRELLA LIAB X OCCUR UMB0124761 04 05/30/1 05/30/13 EACH OCCURRENCE $ 1,000,000 AGGREGATE $ 1,000,000 EXCESS LIAB CLAIMS -MADE DED I I RETENTION $ $ B WORKERS COMPENSATION AND EMPLOYERS' LIABILITY YIN ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICERIMEMBER EXCLUDED? (Mandatory in NH) N/A Z072147001 05/30/1 05/30/13 X WCSTATU- OTH- " E.L. EACH ACCIDENT $ 1,000,000 E.L. DISEASE - EA EMPLOYEE $ 1,000,000 E.L. DISEASE - POLICY LIMIT $ 1,000,000 If yes, describe under DESCRIPTION OF OPERATIONS below DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space is required) ***SEE ATTACHED SUPPLEMENTAL PAGE FOR ADDITIONAL WORDING INCLUDING THE CANCELLATION CLAUSE.*** Re: Asphalt Patching at Various Locations - ITB 13-11017-CI, Contract #11017, Project #92248 CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of Lubbock THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. Marta Alvarez, Director of Purchasing 1625 13th Street, Room 204 AUTHORIZED REPRESENTATIVE f� �} -e�. Lubbock, TX 79401 ]C.._ X T i USA � w`� /.J�WNMOtlk ©1988-2010 ACORD CORPORATION. All rights reserved. ACORD 25 (2010/05) The ACORD name and logo are registered marks of ACORD bchatfield 31453869 D) AGENCY CUSTOMER ID: LOC #: ACORV ADDITIONAL REMARKS SCHEDULE Page of AGENCY Arthur J. Gallagher Risk Management Services, Inc. NAMED INSURED Lone Star Dirt & Paving, Ltd. 11820 University Avenue POLICYNUMBER Lubbock, TX 79423-7412 CARRIER NAICCODE EFFECTIVE DATE: ADDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: FORM TITLE: Certificate Holder is an Additional insured as respects to the General Liability & Automobile policies, pursuant to the policy terms, definitions, conditions and exclusions, waiver of Subrogation applies to certificate holder, as respects to the workers' Compensation, General Liability & Automobile policies, pursuant to the policy terms, definitions, conditions and exclusions. The insurance provided in the General Liability policy is primary and any other insurance shall be excess only, and not contributing. The Additional Insured endorsement includes coverage for Products/Completed Operations. The workers? Compensation, General Liability and Business Automobile policies include an endorsement providing that 30 days notice of cancellation or coverage change will be furnished to the certificate holder. Heavy Equipment Endorsement is included. ACORD 101 (2008/01) © 2008 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD FORM NumsER WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC-42-03-04A TEXAS WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT This endorsement applies only to the insurance provided by the policy because Texas is shown in Item 3.A. of the Information Page. We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our ri&ht against the person or organization named in the Schedule, but this waiver applies only with respect to bodily injury arising out of the operations described in the Schedule where you are required by a written contract to obtain this waiver from us. This endorsement shall not operate directly or indirectly to benefit anyone not named in the Schedule. The premium for this endorsement is shown in the Schedule. Schedule 1. ( ) Specific Waiver Name of person or organization (X) Blanket Waiver Any person or organization for whom the Named Insured has agreed by written contract to furnish this waiver. 2.Operations: ALL OPERATIONS 3. Premium: The premium charge for this endorsement shall he 2.00 percent of the premium developed on payroll in connection with work performed for the above person(s) or organization(s) arising out of the operations described. 4. Advance Premium: $1,751 This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated. (The information below is required only when this endorsement is issued subsequent to preparation of the policy.) Endorsement Effective 05/30/12 ZENITH INSURANCE COMPANY - 13145 Policy No. 7.072147001 Insured LONE STAR DIRT & PAVING, LTD Policy Period 05/30/12 to 05/30/13 Countersigned by Issued on 05/31/12 pc At Austin, TX Endorsement No. 3 (Ed. 1 -oo) PRODUCER COPY Named Insured: LONE STAR DIRT & PAVING LTC) Policy Number: ©AP 0124761 03 UND 611 05 10 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EARLIER NOTICE OF CANCELLATION PROVIDED BY US This endorsement modifies insurance provided under the following: BUSINESS .AUTO COVERAGE FORM GARAGE COVERAGE FORM SCHEDULE Number of Days' Notice 30 (If no entry appears above, information required to complete this Schedule will be shown in the Declarations as applicable to this endorsement.) For any statutorily permitted reason other than nonpayment of premium, the number of days required for notice of cancellation, as provided in Paragraph 2. of either the Cancellation Common Policy Condition or as amended by an applicable state cancellation endorsement, is increased to the number of days shown in the Schedule above UND 611 05 10 Includes copyrighted material of ISO Properties, Inc., with its permission Page 1 of 1 UND 615 09 10 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BUSINESS AUTO COVERAGE PLUS ENDORSEMENT This endorsement modifies insurance provided under the following; BUSINESS AUTO COVERAGE FORM SUMMARY OF COVERAGE EXTENSIONS Extension Limit 1. Supplementary Payments - Increased Limits Bail bonds $3,000 Loss of Earnings $1,600 2. Limited Fellow Employee Coverage Included 3. Revisions to "Who Is An Insured" Additional Insured by Contract Included Employees as Insureds Included Employee Hired Auto Included 4. Expanded "Expected or Intended Injury" Deflnition Included 5. Physical Damage Deductible Revisions Glass Deductible Waiver` Included Collision Deductible Waiver Included Single Deductible Provision Included 6. Physical Damage Coverage Extensions Electronic Equipment Coverage Extension $2,500 Limited Loan/Lease Gap Coverage $2,000 Locksmith Services $100 Business Personal Property $600 Replacement Cost on New Vehicles Included Expense of Returning Stolen Auto included 7. Hired Auto Physical Damage Coverage $60,000 Loss of Use $350 per day, $2,800 maximum B. Airbag Coverage Extension Included 9. Knowledge of Accident, Claim, Suit or Lose Included 10 Waiver of Subrogatlon by Contract or Agreement Included 11 Newly Formed or Acquired Organizations Included 12. Towing and Labor Coverage Extension $100 13. Limited Rental Reimbursement Coverage $3,600 Max. Private Passenger and light Trucks $60/day All Other "Autos" $100/day 14. Revisions to Definitions "Insured Contract" Amended Included "Auto" Amended Included "Executive Officer" Added Included Includes copyrighted material of Insurance Services Office, Inc., with its permission UND 615 09 10 Page 1 of 7 2. 3. UND 615 09 10 SUPPLEMENTARY PAYMENTS - INCREASED LIMITS SECTION II - LIABILITY COVERAGE, A.2.a. is amended as follows: 1) The limit shown in A.2.a.(21 for the costs of bail bonds is increased to $3,000. 2) The limit shown in A.2.a.(4) for all reasonable expenses incurred at our request, including actual loss of earning because of time off work, is increased to $1,500. LIMITED FELLOW EMPLOYEE COVERAGE SECTION II - LIABILITY COVERAGE, B. 5. - Fellow Employees Exclusion does not apply if you have in -force Worker's Compensation insurance covering all of your "employees". Coverage is excess over any other collectible insurance. REVISIONS TO "WHO IS AN INSURED" SECTION II - LIABILITY COVERAGE, A. 1. - Who Is An Insured is amended as follows: ADDITIONAL INSURED BY CONTRACT: d. Any person or organization for covered "autos' (other than the owner or anyone also from whom you hire or borrow a covered "auto") is an additional insured when you and such person or organization have agreed in writing in a contract or agreement that such person or organization be added as an additional insured on your policy. The Insurance provided to such additional insured is subject to the following additional provisions: 1. Such person or organization is an additional insured only with respect to their vicarious legal liability for "bodily injury" or "property damage" specifically caused, in whole or in part, by the operation or use of a covered "auto" by a person for whom Liability Coverage is provided under this policy or coverage part, and then only to the extent of that liability. il. Such person or organization is not an additional insured for any covered "auto" owned by, hired from, or borrowed from such person or organization. iii. Such written contract or agreement must be executed prior to, and be in effect at the time of the covered "bodily injury" or "property damage EMPLOYEES AS INSUREDS is added: e. Any "employee" of the Named Insured is an "insured" for Liability coverage while using his or her own "auto" In the business of the Named Insured. EMPLOYEE HIRED AUTO is added: f. An "employee" of yours while operating an "auto" hired or rented under an "auto" contract or agreement in that "employee's" name, with your permission, while performing duties related to the conduct or your business. 4. EXPANDED "EXPECTED OR INTENDED INJURY" DEFINITION SECTION II - LIABILITY COVERAGE, B.1. Expected or Intended Injury Exclusion is deleted and replaced with the following: 1. Expected or Intended Injury "Bodily injury" or "property damage" expected or intended from the standpoint of the insured. This exclusion does not apply to "bodily injury" or "property damage" resulting from the use of reasonable force for the purpose of protecting persons or property, 5. PHYSICAL DAMAGE DEDUCTIBLE REVISIONS SECTION III - PHYSICAL DAMAGE COVERAGE D. - Deductibles: the following Is added: 1. Under Comprehensive coverage, no deductible applies for glass damage if the glass is repaired rather than replaced. 2. When a covered "auto" insured for Collision under this policy collides with another "auto" we insure, the Collision deductible applicable to the covered "auto" or "autos" under this policy shall not apply. 3. When a Named Insured has more than one "auto" involved in a Collision or Comprehensive loss with an "auto" not covered by us, the single highest deductible will apply to our insured's loss. Includes copyrighted material of Insurance Services Office, Inc., with its permission UND 615 09 10 Page 2 of 7 UND 615 09 10 6. PHYSICAL DAMAGE COVERAGE EXTENSIONS SECTION III - PHYSICAL DAMAGE COVERAGE, A.4. - Coverage Extensions: the following extensions are added: ELECTRONIC EQUIPMENT COVERAGE c. Physical Damage Coverage on a covered "auto" also applies to loss to any electronic equipment that receives or transmits audio, visual or data signals and that is not designed solely for the reproduction of sound, subject to the following additional provisions: 11 This coverage applies only if the equipment is permanently installed in the covered "auto" at the time of the "loss" or the equipment is removable from a housing unit which is permanently installed in the covered "auto" at the time of the "loss" and such equipment is designed to be solely operated by use of the power from the "auto's" electrical system, in or upon the covered "auto. 21 Coverage also applies to antennas and other accessories necessary for the use of the electronic equipment described in paragraph 1) above. 3) The most we will pay for all "loss" to such audio, visual or data electronic equipment and/or its accessories used with that equipment as a result of any one "accident" is the lesser of: a. The actual cash value of the damaged or stolen electronic equipment and/or its accessories as of the time of the "loss"; or b. $2,500. 41 Coverage applies to tapes, records or discs that are damaged while in a scheduled "auto". Theft of such property located in or on a scheduled "auto" is covered if there are visible signs of forced entry, The most we will pay for tapes, records or discs is $200. The insurance afforded by this provision does not apply to any equipment for Audio, Visual or Data Electronic Coverage that has been provided by a separate endorsement issued by us and made part of this coverage part or policy. LIMITED LOAN/LEASE GAP d. In the event of a covered total "loss" to a covered "auto" which is either owned by you or leased by you for a period of 12 consecutive months or longer, we will pay any unpaid amount due on your loan or lease for such covered "auto", subject to the following additional provisions: 1. We will pay only the lesser of: a) The sum of such unpaid amount, less I. The amount paid under the Physical Damage Coverage Section of the policy or coverage part; and il. Any: (a) Overdue loan/lease payments at the time of the "loss"; (b) Financial penalties imposed under "auto" lease for excessive use, abnormal wear and tear or high mileage; (c) Security deposits not returned by the lessor; Id) Costs for extended. warranties, Credit Life insurance, Health. Accident or Disability insurance purchased with the loan or lease; and (a) Carry-over balances from previous loans or leases; or b) $2,000. 2. This extension does not apply to any "auto" that is a land vehicle that would qualify under the definition of "mobile equipment" under this coverage part or policy if it were not subject to a compulsory or financial responsibility law or other motor vehicle insurance law where it is licensed or principally garaged. The insurance afforded for Limited Loan/Lease Gap Coverage in this extension endorsement does not apply if separate Loan/Lease Gap Coverage is afforded for such covered "auto" in an endorsement issued by us and made part of this coverage part or policy. Includes copyrighted material of Insurance Services Office, Inc., with its permission UND 616 09 10 Page 3 of 7 UND 615 09 10 LOCKSMITH SERVICE 9. We will pay up to $100 for necessary locksmith services incurred when keys to a covered "auto" have been lost, stolen or damaged. No deductible applies to this coverage. BUSINESS PERSONAL PROPERTY f. We will pay up to $500 for Business Personal Property that is damaged while in a scheduled "auto". Theft is covered if the property is located in or on the "auto" at the time and there are visible signs of forced entry. REPLACEMENT COST ON NEW VEHICLES g. We will pay full replacement cost of a new "auto" that was purchased new if a total "loss" occurs within 90 days of purchase. This extension does not apply to any "auto" that is a land vehicle that would qualify under the definition of "mobile equipment" under this coverage part or policy. EXPENSE OF RETURNING STOLEN AUTO h. Under Comprehensive coverage, we will pay for the expense of returning a stolen covered "auto" to you. 7. HIRED AUTO PHYSICAL DAMAGE COVERAGE If hired "autos" are covered "autos" for Liability Coverage in this policy or coverage part, then any Physical Damage coverage which is provided in this policy or coverage part for any "auto" you own will be extended to certain "autos" you lease, rent, hire, or borrow subject to the following provisions: A. This Hired Auto Physical Damage extension does not apply to: 1. any "auto" that is a land vehicle that would qualify under the definition of "mobile equipment" under this policy or coverage part if it were not subject to a compulsory or financial responsibility law or other motor vehicle insurance law where it is licensed or principally garaged; 2. any "auto" you lease, hire, rent, or borrow from any of your "employees", partners (if you are a partnership) members (if you are a limited liability company) or members of their households; or 3. Any other "auto" leased, rented, hired, or borrowed: a. For a period of more than 30 days; or b. with a driver. B. The most we will pay for any one "loss" will be the lesser of: 1. The actual cash value of the damaged or stolen "auto" as of the time of the "loss 2. The cost to repair or replace the damaged or stolen "auto" as of the time of the "loss"; or 3. $60,000. C. Except that such amount will be reduced by a deductible as determined by sub -paragraph 7.E. below. D. Subject to 7.8. above, the coverage we will provide will be: 1. With respect to Other Than Collision coverage: 2. Collision coverage if any covered "auto" owned by you has this coverage under this coverage part or policy. E. Deductible Our obligation to pay for, repair, return or replace such "auto" will be reduced by a deductible for each coverage afforded under 7.13:1. and 7.D.2. above equal to the amount of the largest deductible applicable for that coverage to any covered "auto' owned by you. However, no deductible will apply to "loss" caused by fire or lightning. F. Loss of Use Expenses For any "auto" which is a covered "auto" under this extension Hired Auto Physical Damage Coverage, we will also pay expenses for loss of use of such "auto" subject to the following additional provisions: Includes copyrighted material of Insurance Services Office, Inc., with its permission UND 615 09 10 Page 4 of 7 UND 615 09 10 1. Such "auto" is leased or rented under a written rental contract or agreement; 2. Such loss of use is a consequence of a covered "accident"; a. For which an "insured" is legally responsible; and b. As a result of which the leasing or rental entity suffers a monetary loss. 3. The most we will pay for any expenses for loss of use is $350 per day, to a maximum of $2,800. 4. With respect to the coverage afforded by this extension, Section III - Physical Damage Coverage Extension 4.b. - Loss Of Use does not apply. B. AIRBAG COVERAGE EXTENSION SECTION III - PHYSICAL DAMAGE COVERAGE, B. Exclusions: the following is added to Item 3.a.: This exclusion does not apply to the unintended discharge of an airbag. However, airbag coverage is excess over any other collectible insurance or warranty specifically designed to provide coverage. 9. KNOWLEDGE OF ACCIDENT, CLAIM. SUIT OR LOSS SECTION IV - BUSINESS AUTO CONDITIONS, A. 2. a. is deleted and replaced with the following: a. In the event of an "accident", claim, "suit" or "loss% you must give us or our authorized representative prompt notice of the "accident" or "loss" only when the "accident% claim, "suit" or "loss" is known to: I. You, if you are an individual; Il. A partner, if you are a partnership; ill. A member, if you are a limited liability company; Iv. An "executive officer" or the employee designated by you to give such notice, if you are an organization other than a partnership or a limited liability company. Notice to include: a) How, when and where the "accident" or "loss" occurred; b) The "insured's" name and address; and o) To the extent possible, the names and addresses of any injured persons and witnesses. 10. WAIVER OF SUBROGATION BY CONTRACT OR AGREEMENT SECTION IV - BUSINESS AUTO CONDITIONS - A.S. Transfer of Rights of Recovery Against Others to Us is deleted and replaced with the following:• We waive any right of recovery we may have against any person or organization because of payments we make for "bodily injury" or "property damage" or "loss" arising out of the operation, maintenance, use, loading or unloading of a covered "auto" when you and such person or organization have agreed in writing in a contract or agreement to waive such right of recovery, provided: a. Such written contract or agreement was: 1) Made prior to the covered injury or damage; and 2) In effect at the time of the covered injury or damage; and b. The injury or damage arises out of the operations contemplated by such written contract or agreement. This waiver applies only to such person or organization designated in such written contract or agreement. 11. NEWLY FORMED OR ACQUIRED ORGANIZATIONS The Named Insured shown in the Declarations is amended to include any organization you newly form or acquire, other than: A. A partnership, joint venture, or limited liability company; or B. An organization excluded either by the provisions of this Coverage Part, or by endorsement, and over which you maintain ownership or majority interest of more than 50%, subject to the following additional provisions: Includes copyrighted material of Insurance Services Office, Inc., with its permission UND 615 09 10 Page 5 of 7 UND 615 09 10 1. This insurance does not apply to any newly formed or acquired organization that is an "insured" under any other automobile policy or would be an "insured" under such a policy but for its termination or the exhaustion of its Limit of Insurance. 2. Coverage under this provision does not apply to injury, damage, expense, or "loss" that occurred before you formed or acquired the organization. 3. Coverage under this provision is afforded only until the next anniversary date of this policy's effective date after you acquire or form the organization, or the and of the policy period, whichever is earlier. C. This provision does not include any newly formed or acquired organization 180 days after its formation or acquisition, unless you have given us notice of the formation or acquisition. 12. TOWING AND LABOR COVERAGE EXTENSION SECTION III - PHYSICAL DAMAGE COVERAGE, A.2. - Towing is deleted and replaced with the following: With respect to any "private passenger auto" or "light truck" you own that is provided both Comprehensive Coverage and Collision Coverage in this policy or coverage part, we will pay up to $100 for towing and labor costs incurred each time such "private passenger auto" or "light truck" is disabled subject to the following additional provisions: a. The labor must be performed at the place of disablement. b. This coverage does not apply to stolen "autos". c. If, at the time of disablement such "private passenger auto" or "light truck" is also a covered "auto" for the Physical damage Towing And Labor coverage shown under Item Two of the Business Auto Declarations in this policy or coverage part, the most we will pay for each covered disablement is the greater of: I. The limit shown under Item Two in the Declarations; or 11. $100. 13. LIMITED RENTAL REIMBURSEMENT COVERAGE We will pay for rental reimbursement expenses incurred by you for the rental of an "auto" because of a covered physical damage "loss" to a covered "auto" you own, subject to the following additional provisions: A. As used in this Rental Reimbursement Coverage provision, "auto" means a land motor vehicle, trailer or semitrailer designed for travel on public roads. However, "auto" does not include: 1. "Mobile equipment"; or 2. Any other land vehicle that would qualify under the definition of "mobile equipment" under this policy or coverage part if it were not subject to compulsory or financial responsibility law or other motor vehicle insurance law where it is licensed or principally garaged. B. Payment applies in addition to the otherwise applicable amount of each coverage you have on the covered "auto". C. No deductible applies to this coverage. D. We will pay only for those expenses incurred during the policy period beginning 24 hours after the "loss" and ending, regardless of the expiration date of the policy, with the lesser of the following number of days: 1. The number of days reasonably required to repair or replace the covered "auto% or 2. 60 days. E. Our payment is limited to the lesser of the following amounts: 1. Necessary and actual expenses incurred up to: a. $60 per day for a "private passenger auto" or light truck"; b. $100 per day for other than a "private passenger auto" or "light truck"; Subject to a maximum of $3,600. Includes copyrighted material of Insurance Services Office, Inc., with its permission UND 615 09 10 Page 6 of 7 UND 615 09 10 F. We will also pay the following: 1. Up to $500 for reasonable and necessary expenses to remove your Business Personal Property and materials form the covered "auto". 2. Up to $100 for expenses incurred by the named insured for transportation to their intended destination from the point of the "auto" disablement or theft. G. This coverage does not apply while there is a spare or reserve "auto" available to you for your operations. H. With respect to the coverage afforded by this extension, the Transportation Expenses Coverage Extension contained in SECTION III - PHYSICAL DAMAGE COVERAGES, A. 4.a. does not apply. I. The insurance afforded for Limited Rental Reimbursement Coverage in this extension endorsement does not apply if separate Rental Reimbursement Coverage is issued by us as an endorsement and made a part of this policy or coverage part. 14. REVISIONS TO DEFINITIONS SECTION V - DEFINITIONS is revised as follows: "AUTO" AMENDED Paragraph B. "Auto" is deleted and replaced with: B. "Auto" means: 1. A land motor vehicle, "trailer" or semitrailer designed for travel on public roads; 2. Any other land vehicle that is subject to a compulsory or financial responsibility law or other motor vehicle insurance law where it is licensed or principally garaged. 3. "Private passenger auto" means a four -wheeled auto of the private passenger or station wagon type; and 4. "Light truck" means a pick-up or panel truck, sport utility vehicle or similar "auto", with a "Gross Vehicle Weight (GVW) of 11,000 pounds or less. Gross Vehicle Weight IGVW) is the maximum loaded weight for which a single "auto" is designed, as specified by the Manufacturer. However, "auto" does not include "mobile equipment". "INSURED CONTRACT" AMENDED Paragraph H. "Insured Contract": item d. is added to the end of the definition: d. That pertains to the ownership, maintenance or use of an "auto" and which indemnifies a person or organization for other than the vicarious liability of such person or organization for "bodily injury" or "property damage" specifically caused, in whole or in part by your operation or use of a covered "auto". "EXECUTIVE OFFICER" ADDED The following definition is added: "Executive Officer" means a person holding any officer position created by your charter, constitution, by-laws or any other similar governing document. Includes copyrighted material of Insurance Services Office, Inc., with its permission UND 615 09 10 Page 7 of 7 Named Insurod. LONE STAR DIRT & PAVING LTD CG 02 05 12 Oa Policy Number: CPP 0124761 04 THIS ENDORSMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. TEXAS CHANGES - AMENDMENT OF CANCELLATION PROVISIONS OR COVERAGE CHANGE Thii; endorsement modifies insurances provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART LIQUOR LIABILITY COVERAGE PART OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE PART POLLUTION LIABILITY COVERAGE PART PRODUCT WITHDRAWAL COVERAGE PART PRODUCTS/1'OMPLETED OPERATIONS LIABILITY COVERAGE PART RAILROAD PROTECTIVE LIABILITY COVERAGE PART In the event of cancellation or material change that reduces or restricts the insurance afforded by this Coverage Part, we agree to mail prior written notice of cancellation or material change to: SCHEDULE 1. Nome: Any person or organization as evidenced by a certificate of insurance issued on the company's behalf by its licensed agent. 2. Address: 3. Number Of (lays Advance Notice: 30 (Except 10-day notice of cancellation for non-payment of premium) Information required to complete this Schedule, if not shown above, will be shown in the Declarations. CG 02 05 12 04 Copyright, ISO Properties, Inc., 2003 Page 1 of 1 Named Insured: LONE STAR DIRT & PAVING LTD Policy Number: CPP 01 24761 04 CG 02 24 10 93 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EARLIER NOTICE OF CANCELLATION PROVIDED BY US This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART LIQUOR LIABILITY COVERAGE PART POLLUTION LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE Number of Days' Notice 30 (if no entry appears above, information required to complete this Schedule will be shown in the Declarations as applicable to this endorsement.) For any statutorily permitted reason other than nonpayment of premium, the number of days required for notice of cancellation, as provided in paragraph 2. of either the CANCELLATION Common Policy Condition or as amended by an applicable state cancellation endorsement, is increased to the number of days shown in the Schedule above. CG 02 24 10 9:3 Copyright, Insurance Services Office, Inc., 1992 Page 1 of 1 Narned Insured: LONE STAR DIRT & PAVING LTD Policy Number: CPP 0124761 04 CG 20 37 07 04 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - COMPLETED OPERATIONS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Personisi Or Organizationisl: I Location And Description Of Completed Operations AUTOMATIC STATUS WHEN REQUIRED BY WRITTEN CONTRACT I Information required to complete this Schedule, if not shown above, will be shown in the Declarations. I Section II - Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury" or "property dam- age" caused, in whole or in part, by "your work" at the location designated and described in the sche- dule of this endorsement performed for that addi- tional insured and included in the "products - completed operations hazard". CG 20 37 07 04 Copyright, ISO Properties, Inc., 2004 Page 1 of 1 UND 618 03 11 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. MS -EDGE GENERAL LIABILITY ENDORSEMENT FOR CONTRACTORS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SUMMARY OF COVERAGE EXTENSIONS Extension 1, Supplementary Payments - Increased Limits Bail Bonds Loss of Earnings 2. Miscellaneous Additional Insureds Mortgagee, Assignee or Receiver Managers or Lessors of Premises Controlling Interest Co -Owner of Insured Premises Owners or Other Interest From Whom Land Has Been Leased Lessor of Leased Equipment Owners or Contractors for Whom You are Performing Ongoing Operations State or Governmental Agency or Political Subdivision Limit $ 3, 000 $1, 500 Included Included Included Included Included Included Included Included 3. Aggregate Limits of Insurance for Single Construction Projects General Aggregate Limit 4. Revisions to "Who is An Insured" Volunteer Workers Expanded Included 5. Expanded "Expected or Intended Injury" Definition Included 6. Knowledge of Occurrence, Offense, Claim or Suit Included 7. Unintentional Omissions In Disclosure Included 8. Waiver of Subrogatlon by Contract or Agreement Included 9. Newly Formed or Acquired Organizations Included 10. Legal Liability for Damage to Premises Rented to You (Specified Perils) $300,000 11. Non -Owned Watercraft Up to 51 Feet in Length Included 12. Medical Payments Revised $15,000 13 Property Damage for Tools Loaned to You $10,000 14. Revisions to Definitions "Insured Contract" Amended "Mobile Equipment' Amended "Specified Perils" Added "Water Damage" Added Included Included Included Included The above is a summary of provisions in this endorsement. Please consult the specific provisions below for complete wording contained in these endorsement provisions. The endorsement provisions shall prevail in the event of a conflict between the summary and the following endorsement provisions. ENDORSEMENT PROVISIONS Th-) provisions of the Commercial General Liability Coverage Part apply except as otherwise provided in this endorsement. This endorsement applies only if such Coverage Part is included in this policy, Includes copyrighted material of Insurance Services Office, Inc., with its permission UND 618 03 11 Page 1 of 8 UND 618 03 11 1. SUPPLEMENTARY PAYMENTS - INCREASED LIMITS SECTION I - COVERAGES. SUPPLEMENTARY PAYMENTS - COVERAGES A AND B is amended as follows: A. The limit shown in 1.b, for the costs of bail bonds is increased to $3,000. B. The limit shown in 1.d, for all reasonable expenses incurred at our request, including actual loss of earnings because of time off work, is increased to $1,500. 2. MISCELLANEOUS ADDITIONAL INSUREDS SECTION II - WHO IS AN INSURED is amended to include as an insured any person or organization (known as additional insured) described in paragraphs 11) through 18) below, whom you are required to add as an additional insured on this policy under a written contract or agreement. The written contract or agreement must be: A. Currently in effect or becoming effective during the term of this policy; and B. Fully executed by you and the additional insured prior to the "bodily injury", "property damage" or "personal and advertising injury", but only the following persons or organizations are additional insureds under this endorsement, and coverage provided to such additional insureds is limited as provided herein. (1) ADDITIONAL INSURED - MORTGAGEE, ASSIGNEE OR RECEIVER SECTION II - WHO IS AN INSURED is amended to include as an insured any person or organization with respect to their liability as a Mortgagee, Assignee or Receiver and arising out of the ownership, maintenance, or use of the premises by you and shown in the Schedule of All Locations You Own, Rent or Occupy. a. This insurance does not apply to structural alterations, new construction or demolition operations performed by or for that person or organization. 12) ADDITIONAL INSURED - MANAGERS OR LESSORS OF PREMISES SECTION 11 - WHO IS AN INSURED is amended to include as an insured any person or organization with respect to their liability as a Manager or Lessor of premises and arising out of the ownership, maintenance or use of that part of the premises leased to you and shown in the Schedule of All Locations You Own, Rent or Occupy, and subject to the following additional exclusions: a. This insurance does not apply to: 11) Any "occurrence" which takes place after you cease to be a tenant in that premises; 421 Structural alterations, new construction or demolition operations performed by or for that person or organization. (3) ADDITIONAL INSURED - CONTROLLING INTEREST SECTION II - WHO IS AN INSURED is amended to include as an insured any person or organization with respect to their liability arising out of: a. Their financial control of you; or b. Premises they own, maintain or control while you lease or occupy these premises. This insurance does not apply to structural alterations, new construction or demolition operations performed by or for that person or organization. (4) ADDITIONAL INSURED - CO-OWNER OF INSURED PREMISES SECTION II - WHO IS AN INSURED is amended to include as an insured a co-owner of the insured's premises with respect to their liability arising out of their liability as co-owner of such premises. (5) ADDITIONAL INSURED - OWNERS OR OTHER INTEREST FROM WHOM LAND HAS BEEN LEASED SECTION 11 - WHO IS AN INSURED is amended to include as an insured any person or organization with respect to their liability arising out of the ownership, maintenance or use of that part of the land leased to you and shown in the Schedule of All Locations You Own, Rent or Occupy, and subject to the following additional exclusions: a. This insurance does not apply to: 11) Any "occurrence" which takes place after you cease to lease that land; 12) Structural alterations, new construction or demolition operations performed by or for that person or organization. Includes copyrighted material of Insurance Services Office, Inc., with its permission UND 618 03 11 Page 2 of 8 i LIND 618 03 11 16) ADDITIONAL INSURED - LESSOR OF LEASED EQUIPMENT SECTION II - WHO IS AN INSURED is amended to include as an insured any person or organization with respect to their liability arising out of the maintenance, operation or use by you of equipment leased to you by such person(s) or organization(s), subject to the following additional exclusions: a. This insurance does not apply: (11 To any "occurrence" which takes place after the equipment lease expires; 12) To "bodily injury" or "property damage" arising out of the sole negligence of that person or organization. 17) OWNERS OR CONTRACTORS FOR WHOM YOU ARE PERFORMING ONGOING OPERATIONS SECTION II - WHO IS AN INSURED is amended to include as an insured: a. Any person or organization for whom you are performing operations but only with respect to liability for "bodily injury", "property damage", or "personal and advertising injury" caused, in whole or in part, by: (1) Your acts or omissions; or (2) The acts or omissions of those acting on your behalf; in the performance of your ongoing operations for the additional insured. A person's or organization's status as an additional insured under this provision ends when your operations for that additional insured are completed. b. With respect to the insurance afforded to these additional insureds, the following additional exclusions apply: This insurance does not apply to: (11 "Bodily injury", "property damage" or "personal and advertising injury" arising out of the rendering of, or the failure to render, any professional architectural, engineering or surveying services, including: (a) The preparing, approving, or failing to approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; or (b) Supervisory, inspection, architectural or engineering activities. (2) "Bodily injury" or "property damage" occurring after: (a) All work, including materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insureds) at the location of the covered operations has been completed; or (b) That portion of "your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. (8) ADDITIONAL INSURED - STATE OR GOVERNMENTAL AGENCY OR POLITICAL SUBDIVISION SECTION II - WHO IS AN INSURED is amended to include as an insured any state or governmental agency or subdivision or political subdivision, subject to the following additional provision: This insurance applies only with respect to the following hazards for which the state, governmental agency or subdivision or political subdivision has issued a permit in connection with premises you own, rent or control and to which this insurance applies: a. The existence, maintenance, repair, construction, erection, or removal of advertising signs, awnings, canopies, collar entrances, coal holes, driveways, manholes, marquees, hoist away openings, sidewalk vaults, street banners, or decorations or similar exposures; or b. The construction, erection, or removal of elevators; or c. The ownership, maintenance, or use of any elevators covered by this insurance. With respect to coverage provided by this provision 2. MISCELLANEOUS ADDITIONAL INSUREDS, the following additional provisions also apply: Includes copyrighted material of Insurance Services Office, Inc., with its permission UND 618 03 11 Page 3 of 8 No Text UND 618 03 11 A. Any insurance provided to an additional insured designated under paragraphs 11) through 18) above does not apply: (1) To "bodily injury" or "property damage" included within the "products -completed operations hazard"; or (2) To "bodily injury", "property damage" or "personal and advertising injury" arising out of the sole negligence of such additional insured. B. Paragraph 4.b. of SECTION IV - COMMERCIAL GENERAL LIABILITY CONDITIONS is replaced with the following: b. Excess Insurance (1) This insurance is excess over: (a) Any of the other insurance, whether primary, excess, contingent or on any other basis that is available to the additional insured unless you and the additional insured have specifically agreed in writing that this insurance be primary. Then we will treat any other insurance maintained by the additional insured for injury or damage covered by provision 2. MISCELLANEOUS ADDITIONAL INSUREDS, except such other insurance as noted in paragraph (b) below, as excess to this insurance. (b) Any other primary liability insurance available to the additional insured for damages arising out of premises or ongoing operations for which such person or organization has been added as an additional insured by the attachment of an endorsement. (21 When this insurance is excess, we will have no duty under Coverages A or B to defend the insured against any "suit" if any other insurer has a duty to defend the insured against that "suit". If no other insurer defends, we will undertake to do so, but we will be entitled to the insured's rights against all those other insurers. (3) When this insurance is excess over other insurance, we will pay only our share of the amount of the loss, if any, that exceeds the sum of: (a) The total amount that all such other insurance would pay for the loss in the absence of this insurance: and (b) The total of all deductible and self -insured amounts under all the other insurance. (4) We will share the remaining loss, if any, with any other insurance that is not described in the Excess Insurance provision and was not brought specifically to apply in excess of the Limits of Insurance shown in the Declarations of this policy or coverage part. 3. AGGREGATE LIMITS OF INSURANCE FOR SINGLE CONSTRUCTION PROJECTS A. For all sums which the insured becomes legally obligated to pay as damages caused by "occurrences" under SECTION 1 - COVERAGE A, and for all medical expenses caused by accidents under SECTION 1 - COVERAGE C, which can be attributed only to ongoing operations at single construction projects away from premises owned by or rented to the insured: (1) The most we will pay will be capped at $10,000,000, regardless of the number of: a. "Occurrences"; b. Insureds; c. Claims made or "suits" brought; d. Persons or organizations making claims or bringing "suits"; or a. Separate construction projects. (2) Subject to paragraph 3.A.0) above: a. A separate Single Construction Project General Aggregate Limit applies to each construction project, and that limit is equal to the amount of the General Aggregate Limit shown in the Declarations. Includes copyrighted material of Insurance Services Office, Inc., with its permission UND 618 03 11 Page 4 of 8 UND 618 03 11 b. The Single Construction Project General Aggregate Limit is the most we will pay for the sum of all damages under COVERAGE A. except damages because of "bodily injury" or "property damage" included in the "products -completed operations hazard", and for medical expenses under COVERAGE C regardless of the number of: I. Insureds; II. Claims made or "suits" brought; or Ill. Persons or organizations making claims or bringing "suits". c. Any payments made under COVERAGE A for damages or under COVERAGE C for medical expenses shall reduce the Single Construction Project General Aggregate Limit for that construction project. Such payments shall not reduce the General Aggregate Limit shown in the Declarations nor shall they reduce any other Single Construction Project General Aggregate Limit for any other separate construction project away from premises owned or rented by the insured. d. The limits shown in the Declarations for Each Occurrence, Fire Damage and Medical Expenses continue to apply. However, Instead of being subject to the General Aggregate Limit shown In the Declarations, such limits will be subject to the applicable Single Construction Project General Aggregate Limit. B. For all sums which the insured becomes legally obligated to pay as damages caused by "occurrences" under SECTION I - COVERAGE A. and for all medical expenses caused by accidents under SECTION I - COVERAGE C, which cannot be attributed only to ongoing operations at a single construction project away from premises owned by or rented to the insured: 11) Any payments made under COVERAGE A for damages or under COVERAGE C for medical expenses shall reduce the amount available under the General Aggregate Limit or the Products -Completed Operations Limit, whichever is applicable; and (2) Subject to paragraph 3.A.0) above payments shall not reduce any Single Construction Project General Aggregate Limit. C. When coverage for liability arising out of the "products -completed operations hazard" is provided, any payments for damages because of "bodily injury" or "property damage" Included in the "products - completed operations hazard" will reduce the Products -Completed Operations Aggregate Limit, and not reduce the General Aggregate Limit or the Single Construction Project General Aggregate Limit. D. If the applicable construction project has been abandoned, delayed, or abandoned and then restarted, or if the authorizing contracting parties deviate from plans, blueprints, designs, specifications or timetables, the project will still be deemed to be the same construction project. E. If endorsement CG 25 03, Designated Construction Project(s) General Aggregate Limit (or a similar construction project(s) aggregate endorsement) is also part of this policy or coverage part, the most we will pay for all sums which the insured becomes legally obligated to pay as damages caused by "occurrences" under SECTION 1 - COVERAGE A and all medical expenses under SECTION I - COVERAGE C. which can be attributed only to ongoing operations at: (1) Any construction project(s) designated in such CO 25 03 or similar construction project(s) aggregate endorsement; or (2) Any construction project(s) to which the provisions of 3. AGGREGATE LIMITS OF INSURANCE FOR SINGLE CONSTRUCTION PROJECTS in this endorsement and the provisions of such CG 25 03 or similar construction project(s) aggregate endoriement both apply will be subject to the same $10,000,000 cap shown in paragraph 3.A.(1). F. The provisions of SECTION III - LIMITS OF INSURANCE not otherwise modified by this endorsement shall continue to apply as stipulated. Includes copyrighted material of Insurance Services Office, Inc., with its permission UND 618 03 11 Page 5 of 8 UND 618 03 11 4. REVISIONS TO "WHO IS AN INSURED" SECTION 11 - WHO IS AN INSURED, 2.a, is deleted and replaced with the following: 2. Each of the following is also an insured: (a) Your "volunteer workers" only while performing duties related to the conduct of your business, or your "employees", other than either your "executive officers" (if you are an organization other than a partnership, joint venture or limited liability company) or your managers (if you are a limited liability company), but only for acts within the scope of their employment by you or while performing duties related to the conduct of your business, including rendering first aid in an emergency. However, none of these employees or "volunteer workers" are insureds for: Paragraphs (1) through (2) continue to apply. 5. EXPANDED "EXPECTED OR INTENDED INJURY" DEFINITION SECTION 1 - COVERAGES - COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY, 2.a. Expected or Intended Injury Exclusion is deleted and replaced with the following: a. "Bodily injury" or "property damage" expected or intended from the standpoint of the insured. This exclusion does not apply to "bodily injury" or "property damage" resulting from the use of reasonable force for the purpose of protecting persons or property. 6. KNOWLEDGE OF OCCURRENCE, OFFENSE, CLAIM OR SUIT SECTION IV - COMMERCIAL GENERAL LIABILITY CONDITIONS, 2. Duties In The Event Of Occurrence, Offense, Claim Or Suit is revised by the addition of Items e. and f.: e. The requirement in Condition 2.a. applies only when the 'occurrence" or offense is known to: 11) You, if you are an individual; (2) A partner, if you are a partnership; 13) An "executive officer", an "employee" designated by you to give such notice, or insurance manager (if you are an organization other than a partnership, joint venture or limited liability company); or 141 A manager (if you are a limited liability company). f. The requirement in Condition 2.b. will not be breached unless the breach occurs after such claim or "suit" is known to: (1) You, if you are an individual; 12) A partner, if you are in a partnership; (3) An "executive officer" or insurance manager (if you are an organization other than a partnership, joint venture or limited liability company); or 141 A manager (if you are a limited liability company). 7. UNINTENTIONAL OMISSIONS IN DISCLOSURE SECTION IV - COMMERCIAL GENERAL LIABILITY CONDITIONS, S. Representations is revised by the addition of the following: However, the unintentional omission of any information given or provided by you shall not prejudice your rights under this insurance. This provision does not affect our right to collect additional premium or to exercise our right of cancellation or non -renewal. B. WAIVER OF SUBROGATION BY CONTRACT OR AGREEMENT SECTION IV - COMMERCIAL GENERAL LIABILITY CONDITIONS, 8. Transfer Of Rights Of Recovery Against Others To Us We waive any right of recovery we may have against any person or organization because of payments we make for injury or damage arising out of: Includes copyrighted material of Insurance Services Office, Inc., with its permission UND 618 03 11 Page 6 of 8 UND 618 03 11 A. Premises owned, occupied by, or rented or loaned to you; B. "Your work" or "your products"; C. Ongoing operations performed by you or on your behalf, when you and such person or organization have agreed in writing in a contract or agreement to waive such right of recovery, provided: (1) Such written contract or agreement was: a. Made prior to the covered injury or damage: and b. In effect at the time of the covered injury or damage; and (21 The injury or damage arises out of the operations contemplated by such written contract or agreement; and 13) This waiver applies only to such person or organization designated in such written contract or agreement. 9. NEWLY FORMED OR ACQUIRED ORGANIZATIONS SECTION II - WHO IS AN INSURED, 3, is deleted and replaced with the following: 3. The Named Insured shown in the Declarations is amended to include any organization you newly form or acquire, other than: a. A partnership, joint venture, or limited liability company; or b. An organization excluded either by the provisions of this Coverage Part, or by endorsement, and over which you maintain ownership or majority interest of more than 60%, subject to the following additional provisions: L This insurance does not apply to any newly formed or acquired organization that is an insured under any other General Liability policy or would be an insured under such a policy but for its termination or the exhaustion of its Limit of Insurance. II. Coverage under this provision does not apply to injury, damage, expense, or loss that occurred before you formed or acquired the organization. Ill. Coverage under this provision is afforded only until the next anniversary date of this policy's effective date after you acquire or form the organization, or the end of the policy period, whichever is earlier. This provision does not include any newly formed or acquired organization 180 days after its formation or acquisition, unless you have given us notice of the formation or acquisition. 10. LEGAL LIABILITY FOR DAMAGE TO PREMISES RENTED TO YOU (Specified Perils) SECTION III - LIMITS OF INSURANCE, 6. Is deleted and replaced with the following: 6. Subject to Paragraph 5. above, the greater of: a. $300,000, or b. The damage to Premises Rented to You Limit shown in the Declarations is the most we will pay under Coverage A for any one premises while rented to you or temporarily occupied by you with permission of the owner, in the event of (1) damages because of "property damage"; or (2) damage by "specified perils". This limit will apply to all damages proximately caused by the same event, whether such damage results from "specified perils" or other covered causes of loss or any combination thereof. Includes copyrighted material of Insurance Services Office, Inc., with its permission UND 618 03 11 Page 7 of 8 UND 618 03 11 11. NON -OWNED WATERCRAFT UP TO 51 FEET IN LENGTH SECTION 1 COVERAGES, COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY, 2. Exclusions, 9.(2)(a) is deleted and replaced with the following: (a) Less than 51 feet long; and 12. MEDICAL PAYMENTS REVISED SECTION I COVERAGES, COVERAGE C MEDICAL PAYMENTS is amended as follows: A. 1. Insuring Agreement a.(31(b) is deleted and replaced with the following: (b) The expenses are incurred and reported to us within three years of the date of the accident; and B. Item 1.c. is added to 1. Insuring Agreement: c. If COVERAGE C MEDICAL PAYMENTS is not otherwise excluded from this policy, we will pay medical expenses up to the greater of: (1) $15,000; or 121 The limit shown in the Declarations of this policy or coverage part. 13. PROPERTY DAMAGE FOR TOOLS LOANED TO YOU SECTION l COVERAGES, COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY, 2.1. Damage to Property Exclusion is revised. Item j.(4) is deleted and replaced with the following: 1.(4)Tools or equipment loaned to you if the tools or equipment are being used to perform operations at the time of the loss. The most we will pay for such tools or equipment loaned to you is $10,000 per "occurrence". 14. REVISIONS TO DEFINITIONS SECTION V - DEFINITIONS is revised as follows: 9.a. "Insured contract" is deleted and replaced with the following: 9. "Insured contract" means: a. A contract for lease of premises. However, that portion of the contract for a lease of premises that indemnifies any person or organization for damage by "specified perils" to premises while rented to you or temporarily occupied by you with permission of the owner is not an "insured contract"; 12. "Mobile equipment% subparagraph f.0) is deleted and replaced with the following:. (1) Equipment with a gross vehicle weight of 1,000 pounds or more and designed primarily for: a. Snow removal; b. Road maintenance, but not construction or resurfacing; or c. Street cleaning; The following definitions are added: 23. "Specified perils" means fire; lightning; explosion; windstorm or hail; smoke, aircraft or vehicles; riot or civil commotion; vandalism; leakage from fire extinguishing equipment; weight of snow, ice or sleet; or "water damage". 24. "Water damage" means accidental discharge of water or steam as the direct result of the breaking or cracking of any part of a system or appliance containing water or steam. Includes copyrighted material of Insurance Services Office, Inc., with its permission UND 618 03 11 Page 8 of 8 Named Insured: LONE STAR DIRT & PAVING LTD CU 02 02 05 03 Policy Number: LIMS 0124761 04 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. TEXAS CHANGES - AMENDMENT OF CANCELLATION PROVISIONS OR COVERAGE CHANGE This endorsement modifies insurance provided under the following: COMMERCIAL UMBRELLA LIABILITY COVERAGE PART In the event of cancellation or material change that reduces or restricts the insurance afforded by this Coverage Part, we agree to mail prior written notice of cancellation or material change to: SCHEDULE 1. Name: Any person or organization as evidenced by a certificate of insurance issued on the company's behalf by its licensed agent. 2. Address: 3. Number Of Days Advance Notice: 30 (Except 10-day notice of cancellation for non-payment of premium) tlf no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) CU 02 02 05 03 Copyright, ISO Properties, Inc., 2002 Page 1 of 1 Named Insured: LONE STAR DIRT & PAVING LTD Policy Number: UME 0124761 04 CU 02 04 09 00 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EARLIER NOTICE OF CANCELLATION PROVIDED BY US This endorsement modifies insurance provided under the following: COMMERCIAL LIABILITY UMBRELLA COVERAGE PART SCHEDULE Number of Days' Notice _ 30 (If no entry appears above, information required to complete this Schedule will be shown in the Declarations as applicable to this endorsement.) For any statutorily permitted reason other than nonpayment of premium, the number of days required for notice of cancellation, as provided in Paragraph 2, of either the Cancellation Common Policy Condition or as amended by an applicable state cancellation endorsement, is increased to the number of days shown in the Schedule above CU 02 04 09 00 Copyright, Insurance Services Office, Inc., 2000 Page 1 of 1 Named Insured: LONE STAR DIRT & PAVING LTD Policy Number: LIMB 0124761 04 CU 22 82 06 04 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. TEXAS WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US This endorsement modifies insurance provided under the following: COMMERCIAL UMBRELLA LIABILITY COVERAGE PART SCHEDULE Name Of Person Or Organization: Any person or organization to whom you are obligated by virtue of a written contract, agreement or permit to waive your rights of recovery against others. Linformation required to complete this Schedule, if not shown above, will be shown in the Declarations. , The Transfer Of Rights Of Recovery Against Others To Us Condition under Section IV . Conditions is amended by the addition of the following: We waive any right of recovery we may have against the person or organization shown in the Schedule above because of payments we make for "bodily injury" or "property damage" arising out of your ongoing operations or "your work" done under a contract with that person or organization and included in the "products -completed opera- tions hazard". This waiver applies only to the person or organization shown in the Schedule above. CU 22 82 06 04 Copyright, ISO Properties, Inc., 2003 Page 1 of 1 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 L1481LITY ❑ 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 ❑ GARAGE LIABILITY ❑ Any Auto Auto Only - Each Accident $ ❑ Other than Auto Only: Each Accident $ Aggregate $ ❑ BUILDER'SRISK ❑ 100% of the Total Contract Price $ ❑ INSTALLATION FLOATER $ EXCESS LIABILITY ❑ Umbrella Form Each Occurrence $ Aggregate $ ❑ Other Than Umbrella Form $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY The Proprietor/ ❑ Included Statutory Limits Partners/Executive ❑ Excluded Each Accident $ Offices are: Disease Policy Limit $ Disease -Each Employee $ OTHER The above policies either in the body thereof or by appropriate endorsement provide that they may not be changed or canceled by the insurer in less than the legal time required after the insured has received written notice of such change or cancellation, or in case there is no legal requirement, in less than five days in advance of cancellation. FIVE COPIES OF THE CERTIFICATE OF INSURANCE (Name of Insurer) MUST BE SENT TO THE CITY OF LUBBOCK By: A11 Title: The Insurance Certificates Furnished shall name the City of Lubbock as Additional Insured on Auto /General Liability and provide a Waiver of Subrogation in favor of the City of Lubbock. IT SHALL BE THE CONTRACTOR'S. THE ADDITIONAL INSURED ENDORSEMENT SHALL INCLUDE PRODUCTS AND COMPLETE OPERATIONS. CONTRACTORCHECKLIST A CONTRACTOR SHALL: (1) provide coverage for its employees providing services on a project, for the duration of the project based on proper reporting of classification codes and payroll amounts and filling of any coverage agreements; / (2) provide a certificate of coverage showing workers' compensation coverage to the governmental entity prior to beginning work on the project; ✓ (3) provide the governmental entity, prior to the end of the coverage period, a new certificate of coverage showing extension of coverage, if the coverage period shown on the contractor's current certificate of / coverage ends during the duration of the project; (4) obtain from each person providing services on a project, and provide to the governmental entity: (A) a certificate of coverage, prior to that person beginning work on the project, so the governmental entity will have on file certificates of coverage showing coverage for all persons providing services on the project; and (B) no later than seven days after receipt by the contractor, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (5) retain all required certificates of coverage on file for the duration of the project and for one year thereafter; (6) notify the governmental entity in writing by certified mail or personal delivery, within ten (10) days after the contractor knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project; X (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 CERFICATE OF INSURANCE ALONG WITH A COPY OF THE ADDITIONAL INSURED ENDORSEMENT. THE INSURANCE CERTIFICATES FURNISHED SHALL NAME THE CITY OF LUBBOCK AS A ADDITIONAL INSURED ON AUTO/GENERAL LIABILITY ON A PRIMARY AND NON CONTRIBUTORY BASIS TO INCLUDE PRODUCT-COMP/OP 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 WORKER'S COMPENSATION COVERAGE FOR EACH SUBCONTRACTOR. THE ADDITIONAL INSURED ENDORSEMENT SHALL INCLUDE PRODUCTS AND COMPLETE OPERATIONS. 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 (H) contractually require each other person with whom it contracts, to perform as required by paragraphs (A) - (H), with the certificate of coverage to be provided to the person for whom they are providing services. PAGE INTENTIONALLY LEFT BLANK 1 No Text a PAGE INTENTIONALLY LEFT BLANK CONTRACT 11017 STATE OF TEXAS COUNTY OF LUBBOCK s THIS AGREEMENT, made and entered into this 17th day of December, 2012, 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 Lone Star Dirt & Paving, Ltd of the City of Lubbock, County of Lubbock and the State of Texas hereinafter termed CONTRACTOR. WITNESSETH: That for and in consideration of the payments and agreements hereinafter mentioned, to be made and performed by the OWNER and under the conditions expressed in the bond bearing even date herewith (if any) the CONTRACTOR hereby agrees with OWNER to commence and complete the construction of certain improvements described as follows: BID 13-11017-CI, Asphalt Patching at Various Locations 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. Lone Star Dirt & Paving; Ltd's bid dated November 28, 2012 is incorporated into and made a part of this agreement. The CONTRACTOR hereby agrees to commence work within ten days after the date written notice to do so shall have been given to him and to substantially complete same within the time specified in the contract documents. The OWNER agrees to pay the CONTRACTOR in current funds for the performance of the contract in accordance with the bid submitted therefore, subject to additions and deductions, as provided in the contract documents and to make payment on account thereof as provided therein. IN WITNESS WHEREOF, the parties to these presents have executed this agreement in Lubbock, Lubbock County, Texas in the year and day first above written. CONTRACTOR: / �An2 Af Di r-� �s9✓ l.4 1"� 2 - By: PRINTED E:_ TITLE:, COMPLETE ADDRESS: Company �0 ne .S4,4r b -4 4 AV U Address 11 91-D Uri.iy j City, State, Zip L,,.713 1-3 ATTEST: Corporate Secretary J CITY OF LUB OCK, TEXAS (OWNER): y:k t- 5 KAREN GIBSON, MAYOR PRO TEM ATTEST: 1 -0 lec�c -C —�,gc Rebe a Garza, City Secretary APP t-:D AZST;PrONTENT: C K in Lair, Streets/Utilities Superintendent &2�,D 0,1 '1"— �j -0 d Marsha Reed, .E., Chief Operatmb Officer AP O D A TO FORM: City Attorney 1 PAGE INTENTIONALLY LEFT BLANK I GENERAL CONDITIONS OF THE AGREEMENT �i a 1 I I PAGE INTENTIONALLY LEFT BLANK r Ll I GENERAL CONDITIONS OF THE AGREEMENT 1. 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 Lone Star Dirt & Paving,, Ltd., 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 Kevin Lair, Streets/Utilities Superintendent, 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 manner 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". 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). 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 Office 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 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 Office, agent, or employee of the Owner, or Owner's Representative either before or after the execution of this contract, shall affect or modify any of the teens or obligations herein contained. Subject to the rights of Owner as set forth in Paragraph 23 hereof, all modifications and/or amendments to the contract documents, shall be in writing, and executed by Owner's Representative and Contractor. Unless otherwise specified herein, all loss, expense or damage to Contractor arising out of the nature of the work to be done, or from the action of the elements, or from any unforeseen circumstance and the prosecution of the work, shall be sustained and borne by the Contractor at its own cost and expense. 18. CHARACTER OF WORKERS The Contractor agrees to employ only orderly and competent workers, skillful in the performance in the type of work required under this contract, to do the work; and agrees that whenever the Owner's Representative shall inform Contractor in writing that any man or men on the work, are, in Owner's Representative's sole opinion, incompetent, unfaithful, disorderly, or otherwise unacceptable to Owner or Owner's Representative, such man or men shall be discharged from the work and shall not again be employed on the work without the Owner's Representative's written consent. 19. CONSTRUCTION PLANT The Contractor shall provide all labor, tools, equipment, machinery and materials necessary in the prosecution and completion of this contract where it is not otherwise specifically provided that Owner shall furnish same, and it is also understood that Owner shall not be held responsible for the care, preservation, conservation, or protection of any materials, tools, equipment or machinery or any part of the work until it is finally completed and accepted. The building of structures for the housing of men or equipment 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 3 '+ consent of the Owner or Owner's Representative, it inust, 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 1 tests or approvals but does not meet the requirements of the contract documents shall be considered defective, and shall be corrected at the Contractor's expense. Neither observations by the Owner or Owner's Representative, nor inspections, tests, or approvals made by Owner, Owner's Representative, or other persons authorized under the contract documents to make such inspections, tests, or approvals shall relieve the Contractor from its obligation to perform the work in accordance with the requirements of the contract documents. 22. DEFECTS AND THEIR REMEDIES It is expressly agreed that if the work or any part thereof, or any material brought on the site of the work for use in the work or selected for the same, shall be deemed by the Owner or Owner's Representative as unsuitable or not in conformity with plans, specifications and/or contract documents, the Contractor shall, after receipt of written notice thereof from the Owner's Representative, forthwith remove such material and rebuild or otherwise remedy such work so that it shall be in full accordance with the contract documents. It is further agreed that any remedial action contemplated as hereinabove set forth shall be at Contractor's expense. 23. CHANGES AND ALTERATIONS The Contractor further agrees that the Owner may make such changes and alterations as the Owner may see fit, in the line, grade, form dimensions, plans or materials for the work herein contemplated, or any part thereof, either before or after the beginning of the construction, without affecting the validity of this contract and the accompanying bond. If such changes or alterations diminish the quantity of the work to be done, they shall not constitute the basis for a claim for damages, or anticipated profits on the work that may be dispensed with. If they increase the amount of work, and the increased work can fairly be classified under the specifications, such increase shall be paid according to the quantity actually done and at the unit price established for such work under this contract; otherwise such additional work shall be paid for as provided under Extra Work. In case the Owner shall make such changes or alterations as shall make useless any work already done or material already furnished or used in said work, then the Owner shall recompense the Contractor for any material or labor so used, and for actual expenses incurred in preparation for the work as originally planned. 24. EXTRA WORK The term "extra work" as used in this contract shall be understood to mean and include all work that may be required by the Owner or Owner's Representative to be done by the Contractor to accomplish any change, alteration or addition to the work as shown on the plans and specifications or contract documents and not covered by Contractor's 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 IJ 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 rl 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." f V 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 x 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. .1 t 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 Offices, agents and employees against any all losses, costs, damages, expenses, liabilities, claims and/or causes of action, whether known or unknown, fixed, actual, accrued or contingent, liquidated or unliquidated, including, but not limited to, attorneys' fees and expenses, in connection with, incident to, related to, or arising out of, the Contractor's or any subcontractor's, agent's or employee's, in any manner whatsoever, omission, execution and/or supervision of this contract, and the project which is the subject matter of this contract. The safety precautions taken shall be the sole responsibility of the Contractor, in its sole discretion as an Independent Contractor; inclusion of this paragraph in the Agreement, as well as any notice which may be given by the Owners or the Owner's Representative concerning omissions under this paragraph as the work progresses, are intended as reminders to the Contractor of its duty and shall not be construed as any assumption of duty to supervise safety precautions by either the Contractor or any of its subcontractors. 28. CONTRACTOR'S INSURANCE The Contractor shall not commence work under this contract until he has obtained all insurance as required in the General Conditions of the contract documents, from an underwriter authorized to do business in the State of Texas and satisfactory to the City. Proof of coverage shall be furnished to the City and written notice of cancellation or any material change shall be provided ten (10) calendar days in advance of cancellation or change. All policies of insurance, required herein, including policies of insurance required to be provided by Contractor and its subcontractors, shall contain a waiver of any and all of the insurer's or payor's, in the event of self- insurance, rights to subrogation that any such insurer or payor, in the event of self-insurance, may acquire by virtue of payment of any loss under such insurance or self-insurance. All certificates of insurance submitted to the City in conformity with the provisions hereof shall establish such waiver. The Contractor shall procure and carry at its sole cost and expense through the life of this contract, insurance protection as hereinafter specified. Coverage in excess of that specified herein also shall be acceptable. Such insurance shall be carried with an insurance company authorized to transact business in the State of Texas and shall cover all operations in connection with this contract, whether performed by the Contractor or a subcontractor, or separate policies shall be provided covering the operation of each subcontractor. A certificate of insurance specifying each and all coverage's 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. THE INSURANCE CERTIFICATES FURNISHED SHALL NAME THE CITY OF LUBBOCK AS ADDITIONAL INSURED ON AUTO/GENERAL LIABILITY ON A PRIMARY AND NON-CONTRIBUTORY BASIS TO INCLUDE PRODUCTS OF COMPLETE OPERATIONS. 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. COPIES OF THE ENDORSEMENTS ARE REQUIRED. A. Commercial General Liability Insurance (Primary Additional Insured and Waiver of Subrogation required) The contractor shall have Comprehensive General Liability Insurance with liinits of $1,000,000 Combined Single Limit in the aggregate and per occurrence to include: Products-Comp/Op AGG Personal & Adv. Injury Contractual Liability WITH HEAVY EQUIPMENT ENDORSEMENT B. Owner's and Contractor's Protective Liability Insurance. NOT REQUIRED C. Comprehensive Automobile Liability Insurance (Waiver of Subrogation Required) The Contractor shall have Comprehensive Automobile Liability Insurance with limits of not less than; Bodily Injury/Property Damage, $1,000,000 Combined Single Limit, to include Any Auto. D. Builder's Risk Insurance/Installation Floater Insurance - NOT REQUIRED. E. Umbrella Liability Insurance - NOT REQUIRED. F. Worker's Compensation and Employers Liability Insurance (Waiver of Subrogation required) Worker's Compensation Insurance covering all employees whether employed by the Contractor or any Subcontractor on the job with Employers Liability of at }east 10� , 00,000. G. The City of Lubbock shall be named as additional insured on Auto/General Liability on a primary and non-contributory basis, to include products of complete operations endorsement, and a waiver of subrogation in favor of the City of Lubbock on all coverages. Definitions: Certificate of coverage ("certificate") - A copy of a certificate of insurance, a certificate of authority to self -insure issued by the commission, or a coverage agreement (TWCC-81, TWCC- 82, TWCC-83, or TWCC-84), showing statutory workers' compensation insurance coverage for the person's or entity's employees providing services on a project, for the duration of the project. Duration of the project - includes the time from the beginning of the work on the project until the Contractor's/person's work on the project has been completed and accepted by the governmental entity. Persons providing services on the project ("subcontractor" in Section 406.096, Texas Labor Code) - includes all persons or entities performing all or part of the services the Contractor has undertaken to perform on the project, regardless of whether that person contracted directly with the Contractor and regardless of whether that person has employees. This includes, without limitation, independent contractors, subcontractors, leasing companies, motor carriers, owner - operators, employees of any such entity, or employees of any entity which furnishes persons to provide services on the project. "Services" include, without limitation, providing, hauling, or delivering equipment or materials, or providing labor, transportation, or other service related to a project. "Services" does not include activities unrelated to the project, such as food/beverage vendors, office supply deliveries, and delivery of portable toilets. 2. The Contractor shall provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements, which meets the statutory requirements 8 __ r� of Texas Labor Code, Section 401.011(44) for all employees of the contractor providing services on the project, for the duration of the project. The Contractor must provide a certificate of coverage to the governmental entity prior to being awarded the contract. 4. If the coverage period shown on the Contractor's current certificate of coverage ends during the duration of the project, the Contractor must, prior to the end of the coverage period, file a new certificate of coverage with the governmental entity showing that coverage has been extended. 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. 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 G. (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. Proof of Coverage Before work on this contract is commenced, each Contractor and subcontractor shall submit to the Owner for approval five Certificates of Insurance covering each insurance policy carried and offered as evidence of compliance with the above insurance requirements, signed by an authorized representative of the insurance company setting forth: (1) The name and address of the insured. (2) The location of the operations to which the insurance applies. (3) The name of the policy and type or types of insurance in force thereunder on the date borne by such certificate. (4) The expiration date of the policy and the limit or limits of liability thereunder on the date borne by such certificate. (5) A provision that the policy may be canceled only by mailing written notice to the named insured at the address shown in the bid specifications. (6) A provision that written notice shall be given to the City ten days prior to any change in or cancellation of the policies shown on the certificate. (7) The certificate or certificates shall be on the form (or identical copies thereof) contained in the job specifications. No substitute of nor amendment thereto will be acceptable. (8) If policy limits are paid, new policy must be secured for new coverage to complete project. (9) A Contractor shall: 10 (a) provide coverage for its employees providing services on a project, for the duration of the project based on proper reporting of classification codes and payroll amounts and filling of any coverage agreements; (b) provide a certificate of coverage showing workers' compensation coverage to the governmental entity prior to beginning work on the project; (c) provide the governmental entity, prior to the end of the coverage period, a new certificate of coverage showing extension of coverage, if the coverage period shown on the Contractor's current certificate of coverage ends during the duration of the project; (d) obtain from each person providing services on a project, and provide to the governmental entity: (i) a certificate of coverage, prior to that person beginning work on the project, so the governmental entity will have on file certificates of coverage showing coverage for all persons providing services on the project; and (ii) no later than seven days after receipt by the Contractor, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (e) retain all required certificates of coverage on file for the duration of the project and for one year thereafter; (f) notify the governmental entity in writing by certified mail or personal delivery, within 10 days after the Contractor knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project; (g) post a notice on each project site informing all persons providing services on the project that they are required to be covered, and stating how a person may verify current coverage and report failure to provide coverage. This notice does not satisfy other posting requirements imposed by the Texas Worker's Compensation Act or other commission rules. This notice must be printed with a title in at least 30 point bold type and text in at least 19 point normal type, and shall be in both English and Spanish and any other language common to the worker population. The text for the notices shall be the following text provided by the commission on the sample notice, without any additional words or changes: REQUIRED WORKERS' COMPENSATION COVERAGE "The law requires that each person working on this site or providing services related to this construction project must be covered by workers' compensation insurance. This includes persons providing, hauling, or delivering equipment or materials, or providing labor or transportation or other service related to the projec4 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 (wvvw.tdi.state.tx.us) to receive information of the legal requirements for coverage, to verify whether your employer has provided the required coverage, or to report an employer's failure to provide coverage;" and (h) contractually require each person with whom it contracts to provide services on a project, to: (i) provide coverage based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements for all of its employees providing J 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; 1 I (iii) include in all contracts to provide services on the project the following language: "By signing this contract or providing or causing to be provided a certificate of coverage, the person signing this contract is representing to the governmental entity that all employees of the person signing this contract who will provide services on the project will be covered by workers' compensation coverage for the duration of the project, that the coverage will be based on proper reprinting of classification codes and payroll amounts, and that all coverage agreements will be filed with the appropriate insurance carrier or, in the case of a self -insured, with the commission's Division of Self -Insurance Regulation. Providing false or misleading information may subject the Contractor to administrative penalties, criminal penalties, civil penalties, or other civil actions."; (iv) provide the Contractor, prior to the end of the coverage period, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (v) obtain from each other person with whom it contracts, and provide to the Contractor: (1) a certificate of coverage, prior to the other person beginning work on the project; and (2) prior to the end of the coverage period, a new certificate of coverage showing extension of the coverage period, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (vi) retain all required certificates of coverage on file for the duration of the project and for one year thereafter; (vii) notify the governmental entity in writing by certified mail or personal delivery, within 10 days after the person knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project; and (viii) contractually require each other person with whom it contracts, to perform as required by paragraphs (i)-(viii), with the certificate of coverage to be provided to the person for whom they are providing services. 29. DISABLED EMPLOYEES Contractors having more than fifteen (15) employees agree to comply with the Americans with Disabilities Act of 1990, and agree not to discriminate against a qualified individual with a disability because of the disability of such individual in regard to job application procedures, the hiring, advancement, or discharge of employees, employee compensation, job training, and other terms, conditions, and privileges of employment. 30. PROTECTION AGAINST CLAIMS OF SUBCONTRACTORS LABORERS MATERIALMEN AND FURNISHERS OF MACHINERY, EQUIPMENT AND SUPPLIES Without limiting, in any way, manner or form, the indemnity provided by Contractor in paragraph 27 hereof, the Contractor agrees that it will indemnify and save the Owner and all of its Offices, 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 k. machinery and parts thereof, equipment, power tools, and supplies, incurred in the performance of this contract 12 �` 1 and the project which is the subject matter of this contract. When Owner so desires, the Contractor shall furnish satisfactory evidence that all obligations of the nature hereinabove designated have been paid, discharged or waived. 31. PROTECTION AGAINST ROYALTIES OR PATENT INVENTION The Contractor shall pay all royalties and license fees, and shall provide for the use of any design, device, material or process covered by letters patent or copyright by suitable legal agreement with the Patentee or owner thereof. Without limiting, in any way, manner or form, the indemnity provided by Contractor in paragraph 27 hereof, the Contractor shall defend all suits or claims for infringement of any patent or copyrights and shall indemnify and save the Owner, and all of its Offices, agents and employees harmless from any loss on account thereof, except that Owner shall defend all such suits and claims and shall be responsible for all such loss when a particular design, device, material or process or the product of a particular manufacturer or manufacturers is specified or required in these contract documents by Owner; provided, however, if choice of alternate design, device, material or process is allowed to the Contractor, then Contractor shall indemnify and save Owner, and all of its Offices, agents and employees harmless from any loss on account thereof. Notwithstanding anything herein to the contrary, if the material or process specified or required by Owner and/or this contract is an infringement, the Contractor shall be responsible for such loss unless it gives written notice of such infringement to the Owner's Representative prior to bidding. 32. LAWS AND ORDINANCES The Contractor shall at all times observe and comply with all federal, state and local laws, ordinances and regulations, which in any manner affect the contract or the work, and without limiting, in any way, manner or form, the indemnity provided by Contractor in paragraph 27 hereof, Contractor shall indemnify and save harmless the Owner, and all of its Offices, 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. 13 become due to the Contractor under and by virtue of this Agreement. In case such expense is less than the sum which would have been payable under this contract, if the same had been completed by the Contractor, then said Contractor shall receive the difference. In case such expense is greater than the sum ' which would have been payable under this contract, if the same had been completed by said Contractor, then the Contractor and/or its Surety shall pay the amount of such excess to the Owner; or (b) The Owner, under sealed 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 50. BONDS The Contractor is required to furnish a performance bond in accordance with Chapter 2253, Government Code, in e 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 $50,000. All bonds shall Y be submitted on forms supplied by the Owner, and executed by an approved Surety Company authorized to do business in the State of Texas. It is further agreed that this contract shall not be in effect until such bonds are so furnished. 51. SPECIAL CONDITIONS In the event special conditions are contained herein as part of the contract documents and said special conditions conflict with any of the general conditions contained in this contract, then in such event the special conditions shall control. 52. LOSS OR EXPENSE DUE TO UNUSUAL OR UNANTICIPATED CIRCUMSTANCES Unless otherwise specified herein, all loss, expense or damage to the Contractor arising out of the nature of the work to be done, or from the action of the elements, or from any unforeseen circumstance or from unusual obstructions or difficulties, naturally occurring, man made or otherwise, which may be encountered in the prosecution of the work, shall be sustained and borne by the Contractor at his own cost and expense. 53. INDEPENDENT CONTRACTOR Contractor is, and shall remain, an independent contractor with full, complete and exclusive power and authority to direct, supervise, and control its own employees and to determine the method of the performance of the work covered hereby. The fact that the Owner or Owner's Representative shall have the right to observe Contractor's ' work during Contractor's performance and to carry out the other prerogatives which are expressly reserved to and vested in the Owner or Owner's Representative hereunder, is not intended to and shall not at any time change or effect the status of the Contractor as an independent contractor with respect to either the Owner or Owner's Representative or to the Contractor's own employees or to any other person, firm, or corporation. 54. CLEANING UP The Contractor shall at all times keep the premises free from accumulation of debris caused by the work, and at the completion of the work Contractor shall remove all such debris and also its tools, scaffolding, and surplus materials and shall leave the work room clean or its equivalent. The work shall be left in good order and condition. In case of dispute Owner may remove the debris and charge the cost to the Contractor. 55. HAZARDOUS SUBSTANCES AND ASBESTOS Hazardous Substances (herein so called), as defined in the Comprehensive Environmental Response, Compensation, and Liability Act (42 U.S.C.S. §9601(14)) and the regulations promulgated thereunder, as same may be amended from tone to time, hydrocarbons or other petroleum products or byproducts and/or asbestos, in any form, shall not (i) be utilized, in any way, manner or form, in the construction of, or incorporation into, the Project; or (ii) be brought upon, placed, or located, by any party, on the Project site, or any other property of the City, without the written consent of the Owner's Representative. If Contractor believes that the utilization of a Hazardous Substance, hydrocarbons or other petroleum products or byproducts and/or asbestos is necessary in the construction of the Project, or that it is necessary to place and/or otherwise locate upon the site of the Project or other property of the City, a Hazardous Substance, hydrocarbons or other petroleum products or byproducts and/or asbestos, Contractor shall notify the Owner's Representative, and request consent therefrom, at least twenty (20) days prior to such action. Owner's Representative may grant or deny the request of Contractor and provide whatever requirements such consent, if granted, is conditioned upon, in its sole and absolute discretion. If 19 i' i the request of Contractor is not granted, or otherwise not responded to, by Owner's Representative within five (5) t -. days of the receipt of said request, said request shall be deemed to be denied. i In the event Owner's Representative shall consent to the request of Contractor, Contractor shall be responsible for ensuring that all personnel involved in the Project are (i) trained for the level of expertise required for proper performance of the actions contemplated by this Contract and, in particular, in all aspects of handling, storage, disposal and exposure of Hazardous Substances, hydrocarbons or other petroleum products or byproducts and/or asbestos; and (ii) are provided and utilize all protective equipment, including without limitation, personal -' protective gear, necessary to provide protection from exposure to Hazardous Substances, hydrocarbons or other petroleum products or byproducts and/or asbestos. Ell 56. NONAPPROPRIATION All funds for payment by the City under this contract are subject to the availability of an annual appropriation for this purpose by the City. In the event of non -appropriation of funds by the City Council of the City of Lubbock for the goods or services provided under the contract, the City will terminate the contract, without termination charge or other liability, on the last day of the then -current fiscal year or when the appropriation made for the then -current year for the goods or services covered by this contract is spent, whichever event occurs first. If at any time funds are not appropriated for the continuance of this contract, cancellation shall be accepted by the Seller on thirty (30) days prior written notice, but failure to give such notice shall be of no effect and the City shall not be obligated under this contract beyond the date of termination. 57. THE CITY RIGHT TO AUDIT At any time during the term of this Contract and for a period of four (4) years thereafter the City or a duly authorized audit representative of the City, or the State of Texas, at its expense and at reasonable times, reserves the right to audit Contractor's records and books relevant to all services provided under this Contract. In the event 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. 58. NON -ARBITRATION The City reserves the right to exercise any right or remedy available to it by law, contract, equity, or otherwise, including without limitation, the right to seek any and all forms of relief in a court of competent jurisdiction. Further, the City shall not be subject to any arbitration process prior to exercising its unrestricted right to seek judicial remedy. The remedies set forth herein are cumulative and not exclusive, and may be exercised concurrently. To the extent of any conflict between this provision and another provision in, or related to, this document, this provision shall control. 20 v DAVIS BACON WAGE DETERMINATIONS PAGE INTENTIONALLY LEFT BLANK EXHIBIT A General Decision Number: TX120007 01/06/2012 TX7 Superseded General Decision Number: TX20100008 State: Texas Construction Types: Heavy and Highway Counties: Armstrong, Carson, Crosby, Ector, Irion, Lubbock, Midland, Potter, Randall, Taylor and Tom Green Counties in Texas. HEAVY & HIGHWAY CONSTRUCTION PROJECTS Modification Number Publication Date 0 01/06/2012 * SUTX2011-002 08/02/201"1 ! i Rates Fringes _f CEMENT MASON/CONCRETE FINISHER (Paving & Structures) ... $ 13.55 ELECTRICIAN 20.96, ......................$ FORM BUILDER/FORM SETTER .s Paving & Curb.. .$ 12.36 Structures. .$ 13.52 LABORER rAsphalt Raker ...............$ 12.28 R.� Flagger.....................$ 9.30 Laborer, Common .............$ 10.30 Laborer, Utility ............ $ 11.80 Work Zone Barricade tj Servicer....................$ 10.30 POWER EQUIPMENT OPERATOR: Asphalt Distributer ......... $ 14.87 Asphalt Paving Machine ...... $ 13.40 Broom and Sweeper ........... $ 11.21 F Crane, Lattice Boom 80 Tons or Less ................$ 16.82 Crawler Tractor Operator .... $ 13.96 Excavator, 50,000 lbs or less ........................$ 13.46 Front End Loader Operator, Over 3 CY...................$ 12.77 Front End Loader, 3CY or less ........................$ 12.28 •-' Loader/Backhoe..............$ 14.18 Mechanic ....................$ 20.14 1 Milling Machine .............$ 15.54 Motor Grader, Rough ........ $ 16.15 Motor Grader, Fine .......... $ 17.49 Pavement Marking Machine .... $ 16.42 Reclaimer/Pulverizer........ $ 12.85 l Roller, Asphalt .............$ 10.95 1 Roller, Other ...............$ 10.36 Scraper . ...................$ 10.61 Spreader Box ................$ 12.60 Servicer .........................$ 13.98 Steel Worker (Reinforcing) ....... $ 13.50 TRUCK DRIVER Lowboy -Float ................$ 14.46 Single Axle .................$ 12.74 Single or Tandem Axle Dump..$ 11.33 Tandem Axle Tractor with Semi ........................$ 12.49 ---------------------------------------------------------------- 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)). ---------------------------------------------------------------- The body of each wage determination lists the classification and wage rates that have been found to be prevailing for the cited type(s) of construction in the area covered by the wage determination. The classifications are listed in alphabetical order of "identifiers" that indicate whether the particular rate is union or non -union. Union Identifiers An identifier enclosed in dotted lines beginning with characters other than "SU" denotes that the union classification and rate have found to be prevailing for that classification. Example: PLUM0198-005 07/01/2011. The first four letters , PLUM, indicate the international union and the four -digit number, 0198, that follows indicates the local union number or district council number where applicable , i.e., Plumbers Local 0198. The next number, 005 in the example, is an internal number used in processing the wage determination. The date, 07/01/2011, following these characters is the effective date of the most current negotiated rate/collective bargaining agreement which would be July 1, 2011 in the above example. Union prevailing wage rates will be updated to reflect any changes in the collective bargaining agreements governing the rate. Non -Union Identifiers Classifications listed under an "SU" identifier were derived 2 i� from survey data by computing average rates and are not union rates; however, the data used in computing these rates may include both union and non -union data. Example: SULA2004-007 5/13/2010. SU indicates the rates are not union rates, LA indicates the State of Louisiana; 2004 is the year of the survey; and 007 is an internal number used in producing the wage determination. A 1993 or later date, 5/13/2010, indicates p the classifications and rates under that identifier were issued as a General Wage Determination on that date. Survey wage rates will remain in effect and will not change until a new survey is conducted. ---------------------------------------------------------------- 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 3 interested party may appeal directly to the Administrative L'i Review Board (formerly the Wage Appeals Board). Write to: Administrative Review Board U.S. Department of Labor t 200 Constitution Avenue, N.W. Washington, DC 20210 `s 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. A 4 SPECIAL CONDITIONS PAGE INTENTIONALLY LEFT BLANK 1. TIME AND ORDER FOR COMPLETION The patching process covered by the contract documents shall be fully completed within One -Hundred Eighty (180) consecutive calendar days from the date specified in the Notice to Proceed issued by the City of Lubbock to the successful bidder. A. The Asphalt patching, with locations and materials as designated by the City's representative, may begin as soon as the Contractor receives the Notice to Proceed, and proceed until all designated locations are completed. B. The repairs shall be completed in 200 consecutive calendar days. The Contractor shall pay to the owner $500.00 per day for each calendar day after that until completion as liquidated damages. No credit will be given for bad weather days or other delays. In the event it is determined by the City that the progress of the work is not satisfactory, the City may direct the Contractor to take such action as the City deems necessary to insure completion of the project within the time specified. 2. CHANGES IN THE WORK The Street Department may make changes in the scope of the work required to be performed by the Contractor under the Contract or making additions thereto, or by omitting work there from, without involving the Contract, and without relieving or releasing the Contractor from any of his obligations under the contract or any guarantee given by him pursuant to the Contract provisions, and without affecting the validity of the guaranty bonds, and without relieving or releasing the surety or sureties of said bonds. All such work shall be executed under the terms of the original Contract unless it is expressly provided otherwise Except for the purpose of affording protection against any emergency endangering health, life, limb or property, the Contractor shall make no change in the materials used or in the specified manner of constructing and/or installing the improvements or supply additional labor, services or materials beyond that actually required for the execution of the contract, unless in pursuance of a written order from the local Public Agency authorizing the Contractor to proceed with the change. No claim for an adjustment of the contract price will be valid unless so ordered. If applicable unit prices are contained in the agreement (established as a result of either a unit price bid or a Supplement Schedule of Unit Prices) the Street Department may order the Contractor to proceed with desired changes in the work, the value of such changes to be determined by the measured quantities involved and the applicable unit prices specified in the contract; provided that in case of a unit price contract the net value of all changes does not increase or decrease the original total amount shown in the Agreement by more than twenty-five (25%) percent. 3. SUPERINTENDENCE The Contractor's Superintendent and/or his assistants will not be allowed to serve two functions simultaneously, such operating machinery and acting as Superintendent at the same time. The Contractor's Superintendent must be fi•ee of individual responsibilities to enable him to give the entire project his constant attention to facilitate the progress thereof. The Contractor's Superintendent will be responsible for establishing grade control on concrete removal and replacement. 4. PROSECUTION OF WORK The Contractor will, before starting any work on any street, erect barricades and signs, or provide sufficient flagmen, as approved by the Street Superintendent, to give notice to vehicular traffic. During the construction the Contractor is to close to traffic streets, as approved by the Street Superintendent. At no time during the period of construction shall driveways and/or alleys be left impassable between the night hours of 6 P.M. to 6 A.M., except during the construction of the curb and gutter for which the driveways and/or alleys shall remain closed not more than 4 days including 72 hours for curing. The Contractor will, during the progress of the work, erect and maintain for twenty-four hours a day such barricades and warnings, as approved by the Street Superintendent, necessary to give notice to vehicular and pedestrian traffic of any and all obstructions and insofar as possible keep the streets and/or alleys on which work is being done in a passable condition. During the time the concrete is curing in the alleys and until it can be opened to traffic, the Contractor shall maintain warning signs on barricades with lights at each end of the block until the alley can be opened to traffic. The flagmen will be required to wear vests and use the type of flag as shown on flagging detail sheet in specifications. In the case of a City underground installation, the Contractor may be required, at the Street Superintendent's option, to repair the cut with 2-sack flowable fill at the unit price bid. 12. PARTIAL PAYMENTS On or before the tenth day of each month, the Contractor shall submit to Owner's Representative an application for partial payment. Owner's Representative shall review said application for partial payment and the progress of the work made by the Contractor and if found to be in order shall prepare a certificate for partial payment showing as completely as practical the total value of the work done by the Contractor up to and including the last day of the preceding month. 13. CORRECTION OF WORK AFTER FINAL PAYMENT Neither the final payment nor certificate nor any provision in this contract shall relieve the Contractor of responsibility for faulty materials or workmanship, and he shall remedy and defects due thereto and pay for any damage to other work resulting there from, which shall appear within a period of one (1) year from date of final acceptance of the project. The Owner or the Owner's Representative shall give notice of observed defects with reasonable promptness. 14. LABOR The Contractor must abide by the Wage and Hour Laws of the State of Texas, or the U.S. Department of Labor, and must not pay less than the rate legally prescribed or as set forth herein, whichever is higher. Payment for time worked over forty -hours per week shall be made at one and one-half (1-1/2) times the above prevailing rates. Payment for time worked on legal holidays shall be paid at one and one-half (1-1/2) times the regular governing per diem wage rates. Any laborer, workman or mechanic required or permitted to work in excess of eight (8) hours per calendar day, under the emergency exceptions to House Bill No. 115 of the 44th Legislature invoked by HCR No. 201 of the 47th Legislature shall be paid on the basis of eight (8) hours constituting a day's work. 15. 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 Milling Machine shall be capable of complete pavement removal at a full depth of no less that 10 %z" in a single pass. The milling machine shall be capable of maintain grade control at full depth plus or minus 1". The Milling machine shall be a self-propelled milling machine. It shall have self -loading devices to promote continuous milling operation. 16. WORKING HOURS DEFINED During this contract the contractor shall make every effort to complete the work ahead of schedule. The working day shall consist of but, is not limited to the following hours 8 AM to 5 PM Monday thru Friday. Working on Saturday shall be subject to the approval of the Street Superintendant of his representative. At any time during the contract the street superintendant or his representative may adjust the working hours if adequate progress is not being made. 17. WORK SCHEDULE The work schedule shall follow a predetermined route that will be laid out by the street superintendent or his representative at the preconstruction meeting. At any time the street superintendent or his representative shall have the capability to adjust the predetermined route. The contractor or his representative may summit in writing no less than 10 working days to the street superintendent or his representative a request to change the predetermined route. This request will be subject to approval by the street superintendent or his representative. SPECIFICATIONS PAGE INTENTIONALLY LEFT BLANK City of Lubbock Public Works Engineering Design Standards and Specifications city of bock _.,,_ TEXAS Jt• Department of Public Works Engineering City of Lubbock, Texas January 1, 2012 These Standards and Specifications are general standards and specifications for design work on public infrastructure. At all times these regulations are subject to the specific oversight and judgment of the City Engineer who may make modiFcations in their implementatlon as may be necessary on a case -by -case basis to protect the best interest of the public. PC This document is a portion of the City of Lubbock Public Works Engineering Design Standards and Specifications. It does not necessarily contain all design criteria, standard details, or construction specifications. The entire document is available on the City of Lubbock web site. Design Standards and Specifications Table of Contents CTION 1 M IMUM DESIGN STANDARDS FOR WATER DISTRIBUTION ........... .............. ................................................ I 1. General.....................................................................................................................................1 1.2 Design Flow................................................................................................................................1 1.3 Design Pressure.....................................................................................................................2 1.4 ydrauiic Design..n.....................................................................................................................2 1.5 lcai Layout............................................................................................................................2 1.6 Re ion to Sanitary Sewer Mains and Appurtenances....................................................................3 1.7 Pipe a and Spacing................................................................................................................6 1.8 Pipe M erlals.............................................................................................................................6 1.9 Methods Connection.................................................................................... ......................6 1.10 Flanged 0 ets..........................................................................................................................6 1.11 Valve Spacin........................................ .............. ................... ................7 1.12 Fire Protection quirements.......................................................................................................7 1.13 Easements............................................................................................................................8 1.14 Soil Analysis..........................................................................................................................8 1.15 Pipe Restraints and R ction Blocking..........................................................................................8 1.16 Tunneling, Jacking and oring.....................................................................................................8 1.17 Dead-end Mains....................................................................................................................9 1.18 Abandonment of Water Mai............................... ...................................................................... .9 SECTION 2 CHECK LIST FOR WATER DISTRIBUTION NSTRUCTION PLANS................................................................10 2.1 Plan Submittal Requirements ............................................................................................10 2.2 Plan Details ................................... .... ................................................................................ .....11 SECTION 3 MINIMUM DESIGN STANDARDS FOR SANITARY S ERS............................................................................14 3.1 General..............................................................................................................................14 3.2 Design Flow........................................................................................................................14 3.3 Hydraulic Design.................................................................................................................15 3.4 Design Details.....................................................................................................................15 3.5 Typical Layout....................................................................................................................16 3.6 Bedding and Cover...................................................................................................................17 33 Relation to Water Mains..........................................................................................................17 3.8 Abandonment of Sewer Mains and Manholes ................. ............. ..... ......... ........ ... I .................... 18 3.9 Easements...................................................................... ................................................. ....... 19 3.10 Soil Analysis............................................................... ....................................................19 3.11 Tunneling, Jacking and Boring ............................................... ....... ..... ....... I ............ I .......... I .... 19 3.12 Lift Station..................................................................................................... ........................ 20 SECTION 4 CHECK LIST FOR SANITARY SEWER CONSTRUCTION PLANS......................................................................21 4.1 Plan Submittal Requirements...............................................................................................21 4.2 Plan Details......................................................................................................................22 SECTION 5 STANDARD SPECIFICATIONS FOR WATER MAIN CONSTRUCTION................................`.............................25 5.1 General............................................................................................................ ...............25 5.2 Plan Requirements......................................................................................... ....................25 5.3 Plan Approval.................................................................................................... .................25, 5.4 Inspection........................................................................... ............................. ............. 25I 5.5 Specifications............................................................................................................ ..............25'' 5.6 Materials of Construction.............................................................................................. ...........251 5.7 Methods of Construction................................................................................................. .....34' 5.8 Pneumatic Testing for Tapping Sleeves.............................................................................. ..40' 5.9 Hydrostatic Pressure Testing.............................................................................................. .41 5.10 Sterilization and Bacteriological Testing...................................................................................... 2 5.11 Restoration and Clean Up............................................................................................ Design Standards and Specifications t Table of Contents 12 Warranty and Acceptance..........................................................................................................43 SECTrS 6 AR STANDECIFICATIONS FOR SANITARY SEWER MAIN CONSTRUCTION...............................................44 6.1 Gen ..... ... .................................................................................................................44 6.2 Plan Req ments....................................................................................................................44 6.3 Plan Approva...................................................................................................................44 6.4 Inspection .............................................................................................................................44 6.5 Specifications.....................................................................................................................44 6.6 Materials of Construction ............... ......................................................................................... 44 6.7 Methods of Construction .....................................................................................................49 6.8 Inspection, Testing, Approval and Acc nce of Gravity Flow Sanitary Sewer Pipe and Manholes .58 6.9 Lift Station .................................................. ........................................................................64 6.10 Restoration and Clean Up.......................................................................................................65 6.11 Warranty and Acceptance................................................................................. ...................... 65 SECTION 7 APPROVED MATERIALS AND MANUFACTURERS LIST .................................. ............................... ....... I ....... 66 T1 Introduction ........................ ...................................................... I.........................................66 7.2 Product Submittal Procedures.................................................................................................66 7.3 Evaluation Process........................................................................................ .........................67 7.4 Approval Process................................................................................................. ..............67 7.5 Water System............................................................................................................ .......69 T6Sanitary Sewer System................................................................................................... .75 7.7 Water and Sanitary Sewer Svstems............................................................................................ STANDARD SPECIFICATIONS FOR STREETS AND DRAINAGE CONSTRUCTION..............................................81 8.1 General....................................................................................................................................81 8.2 Design Standards................................................................................................................. .81 8.3 Testing and Inspection ............................................... :.............................................................. 82 8.4 Notification of Property Owners.................................................................................................83 8.5 Protection of Utilities and Irrigation Systems...............................................................................83 8.6 Water for Construction..............................................................................................................83 8.7 Concrete.............................................................................................................. 8.8 Subgrade and Base...................................................................................................................92 8.9 Hot Mix Asphalt Concrete Surface(HMAC)..................................................................................97 8.10 Micro-Surfacing.......................................................................................................................104 8,11 Storm Sewer...........................................................................................................................108 8.12 Fences...................................................................................................................................113 8.13 Salvage of Asphalt Paving........................................................................................................114 8.14 Traffic Control.........................................................................................................................114 8.15 Prosecution of the Work and Working Days..............................................................................115 8.16 Measurement and Payment.....................................................................................................116 8.17 Restoration and Clean Up........................................................................................................119 8.18 Certificate of Completion and Warranty ....................................................................................119 SECTION 9 CHECK LIST FOR STREETS AND DRAINAGE CONSTRUCTION PLANS..........................................................120 9.1 Plan Submittal Requirements...................................................................................................120 12 TYPICAL DETAI UCTION....................... ................... ........................................................... 123' 10.1 General Details ..................,.........................,,..............123 10.2 Water Details.........................................-,,...........................................................1261 10.3 Sewer Details.......................................................................................................140 10.4 Street and Drainage Details.....................................................................: .. ....................150 10.5 Appendix........................................................................................................................... 3 Design Standards and Specifications Streets and Drainage Specifications SECTION 8 STANDARD SPECIFICATIONS FOR STREETS AND DRAINAGE CONSTRUCTION 8.1 General 8.1.01 The construction and materials for any City of Lubbock Public Works Engineering paving or drainage improvements project shall conform to the following specifications and associated plan sheets. A. 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 own expense. B. No consideration will be given to requests for reduced payments for construction or materials not in conformance with these specifications and the plan sheets. 8.1.02 The term Engineer used In these specifications shall refer to the City of Lubbock City Engineer or an individual designated by the City Engineer to administer these specifications and associated plans. 8.1.03 The Engineer may require certificates from manufacturers certifying that materials or equipment to be incorporated into the work meet these specifications. A. Material Safety Data Sheets (MSDS) shall be required on all materials. B. All materials or equipment shall be subject to approval by the Engineer before being Incorporated into any project C. After approval, the source and/or character of materials shall not be changed without written € authorization by the Engineer. 8.1.04 Streets to be constructed in a location where the traffic is expected to consist of an unusual number of trucks or other heavy vehicles shall have an approved pavement structure design specific to that loading condition. 8.1.05 All construction covered by these specifications shall be in compliance with the City of Lubbock Code of Ordinances, Chapter 30 Lakes and Water Ways, Chapter 36 Streets, - Sidewalks, and Other Public Ways, Chapter 38 Subdivisions, and other chapters as applicable. 8.1.06 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. A. When information indicated on plan sheets is in conflict with these specifications, the information on the plans shall govern. 8.2 Design Standards 8.2.01 The following design standards shall apply to all paving and drainage Improvements associated with construction of new subdivisions. A. If unusual site conditions necessitate design criteria different from these requirements, changes will be permitted only if specifically approved by the City Engineer. '; Section 8 81 Design Standards and Specifications Streets and Drainage Specifications 8.2.02 Street Crown Elevations A. All street paving shall incorporate a centerline crown at the following listed elevation unless otherwise indicated on plans, or as directed by the Engineer: Pavement Width Face of Curti to Faca of curb . ,: Finished iPav�ng Surface `Aliave`Gutier�: 22 feet 0.37 feet 24 feet 0.40 feet 26 feet 0.43 feet 28 feet 0.46 feet 30 feet 0.49 feet 32 feet 0.52 feet 36 feet 0.58 feet 42 feet 0.67 feet 46 feet 0.73 feet 52 feet 0.82 feet 64 feet 1.00 feet 66 feet 1.03 feet 86 feet 1.33 feet 88 feet 1.36 feet I. The widths listed above refer to the total proposed future full width of street. ii. Where there is a difference in elevation between top of opposite street curbs, the crown elevation shall be adjusted such that the cross slopes are 2.0% minimum and 4.0% maximum. 8.2.03 Minimum Grades A. All street paving shall incorporate the following slopes unless otherwise indicated on plans, or as directed by the Engineer: Linear Curb and Gutter 0.20 Curb and Gutter in Cul-De-Sacs 0.30 Concrete Dips, Valley Gutters and Fillets 0.35 Concrete Alley Paving 0.20 Concrete Drainage Channel 0.20 Fall Around Curb Radii 0.80 B. Asphalt dips shall not be used in the place of concrete dips or valley gutters. 8.3 Testing and Inspection 8.3.01 All work shall be inspected and tested by a representative designated by the City Engineer, who shall have the authority to halt construction when, in their opinion, construction is being performed contrary to these specifications or associated plans. A. Whenever any portion of these specifications or associated plans is violated, the Engineer may order the portion of construction that is in violation to cease until such violation is corrected. 8.3.02 Contractor shall cooperate with the Engineer in providing for sampling and testing procedures. A. In the event City tests indicate out of specification materials, additional tests may be provided by the contractor at their own expense. 82 Section 8 _ Design Standards and Specifications Streets and Drainage Specifications B. Conflicting tests provided by the contractor will not automatically be considered as compliance with City 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. 8.3.03 The testing and inspection provided by the City is intended only to verify that materials and construction comply with plans and specifications. The City's testing and inspection efforts are not intended to replace the contractor's responsibility to comply with the specifications. A. With respect to new material sources, or where the City lab has determined materials or construction do not comply with these specifications, the City will not re -test until the contractor has provided their own testing to demonstrate the materials and construction are in compliance with the plans and specifications. 8.3.04 Upon completion of construction, the Contractor will apply sufficient water to all paving improvements within the project to ensure all surfaces meet drainage requirements and are in compliance with these specifications. 8.4 Notification of Property Owners 8.4.01 The contractor shall be responsible for maintaining positive communication with adjacent property owners. 8.4.02 The contractor shall provide two days notice to all affected property owners with respect to pending construction, and restriction of access or driveway locations. 8.5 Protection of Utilities and Irrigation Systems 8.5.01 The plans show only approximate locations of utilities as obtained from various utility P Y PP companies. A. It is not implied that all utilities or their accurate locations are shown on the plans. 8.5.02 It is the contractor's responsibility to become familiar with all utilities and locations. A. The contractor shall comply with all laws, ordinances, and regulations with respect to utility notification and protection, including Underground Facility Damage Prevention Notification Centers. B. The contractor shall call DIG TESS (1-800-344-8377) and provide sufficient time for all utilities _ to be identified prior to construction. 8.5.03 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. 8.5.04 Irrigation systems affected by construction shall be properly repaired by a licensed Irrigator, with materials equal to the existing stem and in compliance with current q 9 system, P applicable codes. The repairs shall be pressure tested to the satisfaction of the Engineer -< prior to being covered. 8.6 Water for Construction 8.6.01 The City will not furnish water at no charge for construction purposes. Section 8 83 Design Standards and Specifications 9 pe Streets and Drainage Specifications A. 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. B. The contractor shall contact Lubbock Power and Light Customer Service Department and establish a utility account. C. The contractor must pay the current deposit for a fire hydrant meter. D. Once an account is established and the deposit is paid, the contractor may pick up a meter from the City Water Department at 600 Municipal Drive. 8.6.02 Fire hydrants shall be operated only by use of an approved fire hydrant wrench. No pipe wrenches, or other unapproved devices, shall be used to open and close a fire hydrant. 8.6.03 For top loading trucks or containers the contractor shall provide a back flow prevention assembly on the discharge side of the meter. A. The backflow prevention assembly shall be in the form of two spring loaded ball check valves. B. When filling the truck or container there shall be an air gap of at least two times the opening diameter of the truck or container. 8.6.04 For bottom loading trucks the contractor shall provide a Reduced Pressure Zone (RPZ) type backflow prevention assembly. A. All RPZ 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 Public Works Department, Meter and Customer Service Supervisor for approval. 8.6.05 In accordance with City of Lubbock Ordinance No. 10208 "Pertaining to Backflow Prevention", 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. 8.7 Concrete 8.7.01 These speciflcatlons shall govern Portland cement concrete used for curb and gutter, valley gutters and fillets, alley paving, sidewalks, street paving, curb ramps, medians, and drainage improvements. A. The concrete shall be produced at a Ready -Mix Concrete Batch Plant conforming to ASTM C94. B. 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. C. Concrete shall have a temperature of less than 90 degrees at time of placement. Concrete above this temperature will be rejected and shall be removed from the job site. D. No more than eight yards of concrete shall be loaded in a Revolving Drum Agitator Truck and transported to the job site. Loads in excess of eight yards will be rejected and shall be removed from the job site. E. 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. F. All concrete shall have 5 percent, minus 1.5 percent to plus 3 percent, air entrainment in conformance with ASTM C260. 1 84 Section 8 a J, Design Standards and Specifications Streets and Drainage Specifications G. When delivered to the jobsite, each truck shall provide the load ticket indicating weights of all concrete ingredients, including cement, aggregates, water, and admixtures. 8.7.02 Classification A. The following City of Lubbock classes of concrete shall be used: Class.. ical_ Uses :, a Curb and gutter, sidewalks, curb ramps, drainage channels, medians, A inlet boxes headwalls unction boxes driveways, and retaining walls. B Valley gutters and fillets alley returns and alley paving. C Concrete street pavement. D Utility encasements Fast setting concrete pavement such as "Fast Track" Concrete E Pavement or, otherspecial design. 8.7.01 Thickness of Concrete Surfaces A. Concrete street paving shall have a minimum thickness of 8 inches. B. Concrete alley paving shall have a minimum thickness of 7-1/2 inches at edge and 5 inches at flow line. I. No tolerance on minimum thickness will be allowed. ii. No additional compensation will be made to the contractor for thickness greater than specified. 8.7.02 Drainage Easements A. All drainage easements shall have, at a minimum, a 10-foot wide concrete flow line to be constructed with the street and alley paving improvements. B. Drainage easements shall not be used as alleys or garbage collection easements. 8.7.03 Mix Design A. Thirty (30) days prior to beginning any concrete construction the contractor shall submit the concrete mix design to the Engineer for approval. 1. The following shall be submitted to the Engineer for review: a. Test certificates from an approved commercial testing laboratory on all proposed aggregate. (1) Certificates shall Indicate material source, gradation, and loss from 5 cycle Magnesium Sulfate test not to exceed 25 percent. b. Mix design based on water -cement ratio. c. Results of compression tests in conformance with ASTM C 39 and/or flexural tests in conformance with ASTM C78, made by an approved commercial testing laboratory. (1) Tests shall be made on 6 cylinders and/or 6 beams at curing times appropriate to the class of concrete. ii. The Engineer will approve or reject the mix design and materials based on these submittals. ill. Mix design approval shall be subject to additional testing during construction. Section 8 85 (1 Specifications Standards and S Design p Streets and Drainage Specifications B. Mix designs for various classes of concrete shall conform to the following: Clas�tMte'uti d x WaerrEetYient Rattp** 77 Mche�SWOiO{ A 5.0 0.40 — 0.60 5 B 5.5 0.40 — 0.60 5 C 6.0 0.35 — 0.45 3 D 4.5 0.40 — 0.60 5 E As Required forspecific cure time and strength. I. New mix designs shall be submitted annually, or when material properties or sources change. 8.7.04 Strength Requirements A. The various classes of concrete shall conform to the following minimum strengths in pounds per square inch (psi) as determined by the average of two test cylinders or beams: �C asp .Min<;Com r"sstvt en #tt Mir;�lexural'Seri tl lia7i 3. ,aa z� �. 2g`D`:'it +' A - 2100 3000 - B 2500 3000 - - C - 2500 3600 600 D - I - 1 2500 - E 3000 psi at 24 hours B. When cores are subsequently used to prove compressive strength where test cylinders Indicate failures, the cores shall be tested in accordance with ACI C42. C. In such cases, the required compressive strength shall be Increased by 10%. 8.7.05 Cement A. Cement shall be Type I, Type II, or Type III cements, conforming to ASTM C150 "Standard Specification for Portland Cement". B. The contractor shall notify the Engineer prior to any changes of the cement supplier or source during construction. The Engineer may require a new mix design if changes of supplier or source occur. 8.7.06 Aggregate U A. Concrete aggregate shall consist of natural, washed and screened sand, and washed and screened gravel or clean crushed stone conforming to ASTM C33. ( 1 B. All aggregate shall be free of injurious amounts of clay, soft or Flaky materials, loam, organic U impurities, or other deleterious materials. C. fine aggregate shall be graded from fine to coarse and shall conform to ASTM C136. 86 Section 8 1] Design Standards and Specifications Streets and Drainage Specifications I. The gradation for fine aggregate shall meet the following requirements: ' t = t , 3 F' F s ys Fine A'regatel F a umulativel Pi6i ant Reta ined x_ ,„ Retained on 3/8" Sieve 0 Retained on No. 4 Sieve 0-5 Retained on No. 16 Sieve 20-55 Retained on No. 30 Sieve 45-75 Retained on No. 50 Sieve 70-90 Retained on No. 100 Sieve 98-100 D. Coarse aggregates shall be well graded from coarse to fine with a maximum size of 1-1/2 inches, and shall conform to ASTM C136. I. The gradation for coarse aggregate shall meet the following requirements: ss t'r F � nnula V# .. ant Re Red}. Retained on 1-3/4" Sieve 0 Retained on 1-1 2" Sieve 0-5 Retained on 3 4" Sieve 10-40 Retained on 1 2" Sieve 40-75 Retained on No. 4 Sieve 95-100 E. Coarse aggregate for Class C or E concrete shall be crushed limestone (Brownwood type or equivalent). Crushed gravel will be allowed if on the TkDOT Quarterly Monitoring Program, or if specifically approved by the engineer. F. Aggregate Quality Requirements shall comply with TxDOT Item 302 as follows: at.A ilg� MWAtioiiv"Wi,i Deleterious Material 2.0% Decantation 1.5% Flakiness Index 17 Magnesium Sulfate Soundness 25% G. Stockpiles shall be protected from dusty conditions by drift fences or other methods approved by the Engineer. I. Stockpiling methods used shall not allow aggregate to roll down the slope as it is added to existing stockpiles. ii. Stockpiles shall be built in layers of uniform thickness. ill. Equipment shall not be permitted to operate over the same lift repeatedly. 8.7.07 Flowable Fill A. 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. B. Flowable fill may be used for backfill in all utility ditches within the right of way, and other areas as specified. C. Flowable fill used for repair of utility ditches In existing paved streets shall be placed from the top of the utility line to the bottom of the paving surface. Use of concrete in place of Flowable fill is not acceptable, and if used in place of Flowable fill shall be removed by the contractor at his expense. L Section 8 87 Design Standards and Spedflcations Streets and Drainage Specifications 8.7.08 Water A. Water shall be clean, clear, free from oil, add or organic matter and free from injurious amounts of alkali, salts, or other chemicals and shall conform to AASHTO T26. 8.7.09 Admixtures A. 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 C494. Chemical admixtures shall not be used as a substitute for Cement. B. Mineral admixtures such as Class C Ash and Natural Pozzolans in conformance with ASTM C618 may be used with Types I, II, and III Portland Cement. C. When fly ash is permitted to be used, "cement" in relation to mix design shall be defined as "cement plus fly ash". I. Fly ash may constitute a maximum of 30 percent by weight of the cement. 8.7.10 Reinforcing Material A. All concrete shall incorporate reinforcement as follows: I. Curb and Gutter - None II. Street Paving, Valley Gutters, Commercial Driveways, Drainage Channel, and Sidewalk crossing commercial driveways - As indicated on the plans or a minimum of #4 deformed steel bars 12 Inches on center both ways if not spedfled on plans. Ili. Alley Paving - No. 6 deformed steel bars on both edges as indicated on detail sheets and either 6-inch x 6-inch - 6 gauge welded wire fabric or #4 deformed bars 12 inches on center both ways. iv. Alley Returns - #4 deformed steel bars 12 inch on centers both ways, or 6-inch x 6- inch - 6 gauge welded wire fabric v. Sidewalk, Driveways (other than commercial), and Wheelchair Ramps - Fiber reinforcement, or as indicated on plan sheets or as required by the City of Lubbock Building Official. B. Steel I. 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. H. Wire mesh shall conform to ASTM A185, and shall be 6-inch x 6-inch - 6 gauge welded wire fabric as specified. Ili. Reinforcing bars shall be grade 60 (60KSI), open-hearth, basic oxygen or electric furnace new billet steel manufactured in accordance with ASTM A615 and ASTM A305. a. Steel reinforcing materials stored at any location shall be protected from accumulations of grease, mud or other foreign matter, and rust producing materials. b. When incorporated into construction, steel reinforcement shall be free from rust, scale, oil, mud, and structural defects. iv. Dowels for slip joints shall be smooth plain round bars free from burrs, rough surfaces, and deformations. Caps, sleeves, or wrapping shall be as indicated on plan sheets. v. 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. C. Fiber a. Fiber reinforcement may not be used in place of steel reinforcement. t 88 Section 8 r- I Design Standards and Specifications Streets and Drainage Specifications b. 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. c. The quantity of fiber reinforcement used shall be 1.5 pounds per cubic yard, or as recommended by the fiber manufacturer. d. The physical characteristics on the fiber shall be as follows. iPfi `sicaf Characteristic Specific Gravity 0.91 Tensile Strength 70,000 psi to 110,000 psi Length 3 4 inch 8.7.11 Joints A. 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. I. The 40 foot intervals may be omitted for machine placed curb and gutter. ii. 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. ill. Tooled contraction joints, cut at least one quarter the concrete depth, shall be placed at 10 foot Intervals. B. Alley paving (Class B concrete) shall be constructed with an expansion joint at each cold joint. I. Alley returns shall be poured monolithically with curb radii and fillets with joints as indicated in Standard Detail 36-7. il. Tooled contraction joints, cut 3/4 inch wide 1-5/8 inch deep, shall be placed at 13 foot intervals. ill. Alley paving contraction joints shall be sealed with an elastomeric sealer. C. Street Paving (Class C or E concrete) shall be constructed with contraction and expansion joints as indicated on plan and detail sheets. i. Unless otherwise spedFled, the joints shall be sawed 1/2 inch wide and to depth equal to 1/4 of the pavement thickness plus one half inch. ii. Joints shall be saw cut within 12 hours of placement of the concrete paving. ill. The joints shall be sealed with an elastomeric sealer D. Valley gutters and fillets shall be constructed with tooled construction joints. i. Joints shall be sealed with an elastomeric sealer. Ii. Joints shall be cleaned thoroughly with high pressure air prior to installation of any sealing materials. E. Joint Sealing Materials I. Bituminous premolded expansion joint material shall conform to ASTM D1751 and shall be placed as indicated on plan sheets or elsewhere in these specifications. a. Expansion joint material shall be placed full depth of the concrete slab. ii. 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. a. Hot poured sealant for joints between Portland cement concrete and Bituminous concrete shall conform to ASTM D3405. Section 8 89 Design Standards and Specifications ' Streets and Drainage Specifications 90 b. Hot poured joint sealant for all other joints in Portland cement concrete pavement, shall conform to ASTM D3406. c. Cold poured joint sealant shall conform to ASTM C920. iii. Elastomeric joint sealant shall be mixed and applied in accordance with the manufacturer's recommendations. a. 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. b. 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. iv. Backer rod used with elastomeric sealant shall be 25 percent greater in diameter than the joint width. It shall be made of polyethylene foam or other material as recommended by the sealant manufacturer. a. Compression of the backer rod material shall be approximately 25 percent shrinkage at 8 psi applied stress. b. The material shall not melt, shrink, evaporate, or absorb water, and shall be compatible with the application of the sealant to be used. 8.7.12 Curing Compounds A. 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". B. No other methods of moisture retention on fresh concrete shall be used unless specifically approved by the Engineer. 8.7.13 Forms A. Forms for curb and gutter, paving, and flatwork may be of wood or metal, of a section satisfactory to the Engineer, straight, free of warp, and of a depth equal to the depth of the concrete section formed. B. Forms shall be constructed accurately to the line and grade as established In the field, shall be adequately braced so that they will not move during the placing of the concrete, and shall remain in place at least 12 hours after placing of the concrete. C. Forms shall be treated with a light oil or release agent before each use, and forms which are to be re -used shall be cleaned immediately after each use and maintained in good condition. D. Curb forms shall be such that the face of the curb can be formed by use of a face form held in place by steel templates. E. Forms used for curb radii shall meet all of the above specifications, except that face forms on curb radii may be omitted if a true section and an accurate flow line can be obtained by other methods approved by the Engineer. F. In no case will concrete placement be started without the approval of the Engineer. G. No forms shall be placed until the subgrade is within one inch of Its finished grade. H. Forms for paving slabs may be used as a guide for screeding. I. Where longitudinal construction joints are required, the form shall be so constructed as to provide an approved load transfer mechanism in the face. Section 8 Design Standards and Specifications Streets and Drainage Specifications 8.7.14 Placing and Finishing Concrete A. Placing of concrete shall not start before sunrise, and shall stop one hour before sunset. I. Concrete shall be placed as close to its proper location as practical. iL Sufficient concrete shall be placed to allow for shrinkage and extra material for finishing. iii. The concrete shall be Floated and troweled to the approximate section. IV. When water is needed for finishing purposes it must be dispensed by a pressurized canister with a misting nozzle. B. Removal of face forms and finishing of curb and gutter shall be started only after a partial set occurs. I. Only construction approved forms, templates, and tools shall be used to form the cross -sections indicated on plan or detail sheets. C. Concrete shall not be placed when the ambient temperature Is below 40 degrees F or if, sustained winds are 25 mph or higher as determined by the Texas Tech University Mesonet sites in Lubbock. If, while placing concrete, the sustained winds exceed the 25 miles per hour all placement operations will cease immediately. I. Concrete shall not be placed on frozen subgrade. li. 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. Ili. This protection shall remain in place as long as the temperature continues below 32 degrees, to a maximum of 5 days. IV. No salt or other chemical admixtures shall be added to the concrete to prevent freezing. D. All concrete placed for pavement shall be consolidated by use of mechanical vibrators approved by the Engineer and designed to vibrate the concrete internally. 1. Vibrators shall be operated in a manner not to interfere with joints, and shall not come in contact with forms. ii. The surface of concrete street paving shall Incorporate a tined finish. Ill. All other concrete surfaces shall be completed with a light broom finish. IV, When forms are used for concrete paving the forms must stay in place for a minimum of 12 hours. L_ ! v. No equipment shall be placed on concrete until it has reached 75% of the specified 28 day compressive strength. E. Finished concrete surfaces shall not have irregularities in excess of 1/8 inch when tested with a 10 foot straightedge using the TxDOT Item 585 Surface Test Type A. F. Prior to acceptance, the Contractor shall apply sufficient water to all gutters and paving to determine locations of ponding. _ I. Ponded areas deeper than 1/8 inch shall be removed and replaced, or rectified as directed by the Engineer. G. Where the surface of T-1 or T-2 thoroughfare paving is noticeably uneven, the City may require measurement of the ride quality using the TxDOT Surface Test Type B. I. If the International Roughness Index (IRI) is determined to exceed 65 inches per mile corrective action shall be performed by diamond grinding, or other methods acceptable to the Engineer. ii. If the IRI exceeds 95 Inches per mile the pavement shall be removed and replaced. Section 8 91 1-1 Design Standards and Specifications Streets and Drainage Specifications H. Any concrete construction damaged by equipment, tools, vandals, or other influences shall be replaced at the contractor's own expense. 8.7.15 Tolerance in Elevation and Grade A. Curb and gutter or other concrete surfaces shall be constructed to the elevations and grades as indicated on plan sheets. Deviation from elevations indicated on plans resulting in a longitudinal slope of less than 0.15%, will be considered to be deficient, and shall be removed and replaced at the correct elevations as indicated on the plans. 8.8 Subgrade and Base 8.8.01 Subgrade A. Subgrade material for concrete or asphalt construction shall consist of suitable native soil or off -site soil, free from vegetation or other objectionable matter. B. All unstable or objectlonable material shall be removed from the subgrade and replaced with approved material. C. Subgrade material shall be suitable for forming a stable embankment and shall meet the following requirements: Liquid Limit Max 45 Plasticity Index Miry 5• Max 20 Linear Shrinkage Min 2• Max 10 I. Subgrade material which does not meet the above requirements may be conditioned by blending with lime, sand or callche screenings. The conditioning shall produce a uniform Subgrade material which meets all of these specified subgrade requirements. D. Subgrade Construction I. All testing of subgrade will be completed prior to any placement of curb and gutter. Subgrade will be processed the entire width of the roadway including under the curb and gutter section. ii. 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 95 percent, plus or minus 2 percent of Modified Proctor Density at optimum moisture content, plus or minus 2 percent. iii. Subgrade shall be constructed in maximum of 6 inch lifts, and each 6 inch lift tested for moisture and density. Iv. Subgrade thickness shall be a minimum of 12 inches for all streets, regardless of street width or classification. v. The compaction method for subgrade shall provide for each lift to be compacted to the specified density using appropriate equipment. a. After each section of subgrade is complete, moisture/density testing will be performed by the City of Lubbock inspection staff. b. 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. c. Rollers will be completely loaded with water or wet sand to ensure they meet the manufacturer's weight requirements. A. All utility ditches shall be determined to be stable prior to construction of subgrade over such utility ditch. 92 Section 8 r t - i Design Standards and Specifications Streets and Drainage Specifications vii. Any fill placed within existing or proposed street right-of-way in execution of an approved cut and fill plan shall be in compliance with these specifications for materials and construction. a. Cut and fill operations shall comply with Chapter 38 of the City of Lubbock Code of Ordinances. viil. Subgrade which has become wet, or otherwise altered, after completion may be subject to retesting and reprocessing as determined by the Engineer. ix. Special care shall be exercised in grading street intersections where dips or valley gutters are located so that the cross profiles present a smooth riding surface, and so that the compacted subgrade thickness will not be less than specified above. a. Crown section shall begin transition at a distance equal to one-half of the lip -to -lip roadway width from concrete intersection or valley gutter, as indicated on Standard Detail 36-11. E. Rejected Subgrade Material 1. Rejected subgrade material, either from the construction area or delivered to the job site, shall be dumped on the job site outside the area of construction, and remain there until all construction is completed. a. If it Is determined that unapproved material has been incorporated into the construction, all in place material shall be considered unapproved and shall be removed. b. No payment will be made for rejected material or construction. 8.8.02 Flexible Base (Caliche) A. Material for flexible base shall consist of crushed caliche, limestone, and calcareous clay particles produced from oversize quarried aggregate, sized by crushing and produced from a naturally occurring single source. I. All base material sources are subject to approval by the Engineer. 11. If material characteristics within an approved source change, the material shall be subject to retesting and re -approval prior to continued use. III. The Contractor shall not change material sources without approval by the Engineer. B. Crushed concrete may be blended with quarried material only to the extent necessary to produce material in compliance with these specifications, to a maximum of 20 percent crushed concrete by weight. 1. Crushed concrete shall be produced from parent material consisting of structural strength concrete, such as City of Lubbock Class A, B, and C. ii. Lower strength materials, such as flowable fill, are not acceptable. III. Crushed concrete shall be free of reinforcing steel and any objectionable material, and have a maximum of 1.5 percent deleterious material when tested in accordance with Tex-413-A. Iv. When crushed concrete is used, the final product shall be entirely in compliance with the specifications for single source material. C. Recycled Asphalt Pavement (RAP) will not be approved for use in flexible base. D. Prior to construction the contractor shall build stockpiles of sufficient quantity of base material as required to complete the entire project or subdivision. I. Each stockpile shall be dedicated, and identified as to the project or subdivision it is for. ii. After a stockpile is completed the contractor shall not add material to that stockpile. Section 8 93 Design Standards and Specifications Streets and Drainage Specifications 94 III. The contractor's methods, plant, and equipment are subject to approval by the Engineer, and shall be appropriate and in suitable condition to produce stockpiles in compliance with these specifications. E. Material Tests I. Flexible base material shall conform to the following requirements: a. Sieve Analysis ' r Standar d Crushed Roca Aggregate r _. u Cumulative Percent Retained' b b wed ht , Retained on 1-3 4" Sieve 0 Retained on 7 8" Sieve 10-35 Retained on 3 8" Sieve 30-50 Retained on No. 4 Sieve 45-65 Retained on No. 40 Sieve 70-85 b. Atterberg Limits (1) Material passing the No. 40 Sieve shall be known as "Soil Binder" and shall meet the following requirements: 3" •S4 .^L3t� ':Value '3'f Liquid Limit Max 35 Plasticity Index Min 3; Max 10 c. Wet Ball MITI (1) When tested in accordance with Tex-116-E (Wet Ball Mill) the base material shall have a value not to exceed 45. (2) The percent of material passing the #40 sieve shall not increase by more than 20 during the test. F. Flexible Base Construction I. Areas behind curbs shall be backfilled and leveled with approved topsoil prior to placing base material. ii. Approved flexible base material shall be hauled in vehicles of uniform capacity and dumped evenly along the project length for processing and compaction. Ili. Flexible base thickness shall be a minimum of 6 inches. iv. Processing shall be. accomplished in lifts of 6 inches compacted thickness. v. Each course shall be wetted and rolled with a pneumatic roller as required to produce a uniform compaction to a minimum of 95 percent of Modified Proctor Density with a moisture content of 2 percent above to 2 percent below optimum a. Densities will be taken by City of Lubbock inspection staff b. At any time the Engineer may require proof rolling with a 25 ton pneumatic roller to ensure uniform compaction of base. c. Processing for compaction of caliche base with a sheep's foot type roller will not be permitted. vi. The base shall be allowed to cure a minimum of 3 days, or until determined by the Engineer to be adequately cured, before placing prime or surface course. a. During the cure time the base shall be maintained by blading or other methods until the wearing surface is placed. b. Windrow caliche shall not be removed until the base has passed finish inspection. c. Base which becomes wet, or otherwise altered, may be subject to retesting and reprocessing as determined by the Engineer. Section 8 J, Design Standards and Specifications Streets and Drainage Specifications vii. The compacted Flexible base shall be finished and shaped immediately preceding the application of the surface treatment a. All loose or unconsolidated material shall be removed and the surface moistened and rolled with a steel wheel roller. b. All irregularities, depressions, or weak spots which develop shall be corrected by scarifying, adding or removing material as required, reshaping, and recompacting, or other methods approved by the Engineer. viii. Special care shall be exercised in grading street intersections where dips or valley gutters are located so that the cross profiles present a smooth riding surface and so that the compacted base thickness will not be less than 6 inches, or thickness otherwise specified by the engineer. a. Crown section shall begin transition at a distance equal to one-half of the lip -to -lip roadway width from concrete intersection or valley gutter, as indicated on Standard Detail 36-11. ix. Any deviation in the surface of the finished base in excess of 3/8 inch from the established grade or true cross-section, using a 10 foot long straight edge, shall be corrected as provided above. x. The compaction method for flexible base shall provide for each lift to be compacted to the specified density using appropriate equipment. A. After each section of subgrade is complete, moisture/density testing will be performed by the City of Lubbock inspection staff. a. All irregularities, depressions, weak or soft spots which develop shall be corrected immediately by the contractor. G. Rejected Flexible Base Material I. Rejected material, either from the construction area or delivered to the job site, shall be dumped on the job site outside the area of construction, and remain there until all construction is completed. ii. If it is determined that unapproved material has been incorporated into the construction, all in place material shall be considered unapproved and shall be removed. iii. No payment will be made for rejected material or construction. 8.8.03 Asphalt Stabilized Base (ASB) A. Asphalt stabilized base shall consist of"a uniform mixture of mineral aggregate and asphalt cement mixed hot in a mixing plant in accordance with these specifications. I. Caliche Is not an acceptable aggregate for ASB. B. The contractor's plant and equipment are subject to approval by the Engineer, and shall be appropriate and in suitable condition to produce the base material consistently in compliance with these specifications. C. In place compaction control is required for all ASB. 1. Locations of Cores, when required, will be determined by City of Lubbock personnel and marked ii. The ASB will be cored by the City inspection staff to determine composition, compaction, thickness, and density. iii. The contractor shall replace the pavement removed from core holes at no cost to the City. iv. ASB found to be deficient in composition, compaction, thickness, or density shall be corrected at the contractor's expense as directed by the Engineer. Section 8 9S Design Standards and Specifications Streets and Drainage Specifications 96 D. ASB Mix Design I. The contractor shall submit an ASB mix design less than one year old, prepared by a qualifled lab, in compliance with these specifications using approved materials indicating gradation and optimum asphalt content. ii. The aggregate mixture shall conform to the following master gradation: - ` � ;' �> -' ' Standard gushed Rock Aggregate f Cumulative Percent Passin Passing V Sieve 98-100 Passing 3 4" Sieve 84-98 Passing 3 8" Sieve 60-80 Passinq No. 4 Sieve 40-60 Passing No. 8 Sieve 29-34 Passing No. 30 Sieve 13-28 Passing No. 50 Sieve 6-20 Passing No. 200 Sieve 2-7 a. Design produced Minimum VMA 13.0% b. Plant produced Minimum VMA 12.0% iii. Material passing the No. 40 sieve shall be known as "soil binder" and shall meet the following requirements: Liquid Wit Max 45 Plasticity Index Max 15 Linear Shrinkage Max 5 iv. The mineral aggregate shall not contain more than 0.5% moisture prior to entering the pugmill for mixing with asphalt. v. The mix design shall have optimum asphalt content determined in accordance with Tex-204-F, with a target lab molded density of 96.5 percent. vi. Asphalt content of the Job Mix Formula shall not vary during construction from the design by more than 0.3 percent. vii. Asphalt for the mixture shall be a performance grade (PG) 64-28, or better. viii. New mix designs must be submitted annually, or when material properties change. E. ASB Placement 1. The ASB material shall be placed on the approved prepared surface using an approved lay down machine. il. ASB thickness shall be a minimum of 9 inches, or as required by the Engineer. iii. Asphalt Stabilized Base shall be placed and compacted in 3 inch lifts to form the specified thickness of compacted base, unless otherwise directed by the Engineer, a. Prior to placing ASB, the subgrade shall be prepared as previously specified. Iv. The cross-section shall be constructed to form the specified crown on the ASB surface at the centerline of the street, or as indicated on the plans. v. ASB shall not be placed when the air temperature, as reported by the Texas Tech University Mesonet sites in Lubbock, less than 50 degrees F ambient or 60 degrees surface temperature. vi. ASB shall be placed at a temperature between 265 and 325 degrees F. vil, Any ASB material that Is above or below the specified temperature range, measured while passing through the lay down machine, shall be rejected by the Engineer. Section 8 i Design Standards and Specifications. Streets and Drainage Specifications viii. 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. ix. Special care shall be exercised in grading street intersections where dips or valley gutters are located so that the cross profiles present a smooth riding surface and so that the compacted base thickness is not less than 9 inches. a. Crown section shall begin transition at a distance equal to one-half of the lip -to -lip roadway width from concrete intersection or valley gutter, as indicated on Standard Detail 36-11. F. ASB Compaction I. ASB shall be compacted thoroughly and uniformly with approved rollers to a density between 93% and 98% (with a minimum of 80% of the tests to show densities between 94% and 96.5%) of the maximum theoretical gravity, with a lab molded target of 96.5% using the Texas Gyratory compaction method. a. All results will be calculated using the maximum theoretical Rice gravity. ii. Compaction less than 93 percent or greater than 98 percent will be considered deficient, and shall be removed and replaced at the contractor's expense. iii. ASB shall meet all compaction requirements at the time of inspection. Re -rolling is not an approved method for achieving compaction requirements. Iv. Contractor shall set rolling patterns using a thin lift nuclear gauge in order to ensure maximum compaction. v. All roller marks shall be removed and compaction completed prior to the ASB mixture cooling below 185 degrees F. G. Rejected ASB Material 1. Rejected ASB material, either from the construction area or delivered to the job site, shall be dumped on the job site outside the area of construction, and remain there until all construction is completed. ii. If it Is determined that unapproved material has been incorporated into the construction, all in place material shall be considered unapproved and shall be removed. iii. No payment will be made for rejected material or construction. 8.9 Hot Mix Asphalt Concrete Surface (HMAQ 8.9.01 Hot mix asphalt concrete surface shall consist of a uniform mixture of mineral aggregate (coarse aggregate, fine aggregate, mineral filler) and asphalt cement mixed hot in a mixing plant in accordance with these specifications.. 8.9.02 The contractor's methods, plant, and equipment are subject to approval by the Engineer, and shall be appropriate and in suitable condition to, produce the HMAC surface material consistently in compliance with these specifications. 8.9.03 Strip paving is a substandard, temporary improvement and does not satisfy the paving requirements of the platting process. Strip paving may be used only in special circumstances and must be approved by the City Council. If strip paving is used, the developer Is still responsible for providing for the required permanent curb and gutter and paving. A. Unless otherwise specified, the materials and construction shall conform to TxDOT Item 340 - Dense -Graded -Hot -Mix Asphalt (Method). Section 8 = 97 Design Standards and Specifications Streets and Drainage Specifications B. Approval of the source and character of the materials shall be obtained from the Engineer prior to use. i. 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. ii. 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. iii. Asphaltic mixtures with aggregates which exhibit stripping characteristics shall be conditioned with either minimum 1% lime in accordance with DMS-6350, or liquid anti - stripping agent approved by the Engineer. a. Anti -stripping agents shall meet requirements of TXDOT Item 301 - Asphalt Anti - stripping Agents, and shall be added at the manufacturer's recommended dosage and temperature range. 8.9.04 A minimum of 2 cores per 600' block will be taken to determine thickness, and density of HMAC surfaces. A. Core locations will be marked and cored at random locations by City of Lubbock inspection staff. B. Cores will be taken in pairs and averaged to determine the percent air voids based on the theoretical maximum gravity. C. HMAC surface found to be deflcient shall be corrected at the contractor's own expense as directed by the Engineer. D. The contractor shall replace the pavement removed from core holes immediately after testing at no cost to the City. 8.9.05 Thickness of HMAC Surfaces A. HMAC thickness shall be a minimum of 2 inches, or as indicated on the plans. i. No tolerance on minimum thickness will be allowed. B. If a core shows less than the specified minimum thickness, prior to being trimmed, the HMAC surface shall be considered deficient with respect to thickness, and the deficiency shall be rectified by removal and replacement at the specified thickness. i. Additional cores will be taken at 25 foot spacing to define the limits of deficiency. C. No additional compensation will be made to the contractor for thickness of HMAC surface greater than specified. 8.9.06 HMAC Mix Design A. 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-204-F. i. The mix design shall have a lab molded density of 96.5 percent using the Texas Gyratory compaction method. ii. New designs shall be submitted annually, or when material properties change. iii. The aggregate mixture shall conform to the following master gradation: 98 Section 8 t Design Standards and Specifications Streets and Drainage Specifications a. Type "C" Coarse Graded Surface Course — Curb and gutter street widths greater than 36 feet: Pa'ssingk� Passing 3 4" Sieve 95-100 Passing 3 8" Sieve 70-85 Passing No. 4 Sieve 43-63 Passing No. 8 Sieve 32-44 Passing No. 30 Sieve 14-28 Passing No. 50 Sieve 7-21 Passing No. 200 Sieve 2-7 (1) Design Produced Minimum VMA 14% (2) Plant Produced Minimum VMA 13% b. Type "D" Fine Graded Surface Course — Curb and gutter street widths of 36 feet or less and strip paved streets of any width: S[tandardCiiu,hediocka+gregiiCmu�a<<:�vve -.t_« ti s Passing 1 2" Sieve 98-100 Passing 3 8" Sieve 85-100 Passing No. 4 Sieve 50-70 Passing No. 8 Sieve 35-46 Passing No. 30 Sieve 15-29 Passing No. 50 Sieve 7-20 Passing No. 200 Sieve 2-7 (1) Design Produced Minimum VMA 15% (2) Plant Produced Minimum VMA 14% c. HMAC Type is in reference to the ultimate full width street, not half width. iv. Material passing the No. 40 sieve shall be known as "soil binder" and shall maximum linear shrinkage value of 5. v. Mineral aggregate shall not contain more than 0.5 percent moisture prior to entering the pugmill for mixing with asphalt A. HMAC mixture shall consist of a uniform mixture of mineral aggregate and asphalt material. vii. The contractor's materials and mix design shall meet all the performance criteria addressed in these specifications. B. Coarse Aggregate 1. Coarse aggregate must be approved for use by the Engineer and must be on the TXDOT source rating catalog. it. 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. a. Mixing or combining of crushed gravel and crushed stone will not be permitted. Ill. Coarse aggregate shall be crushed to the extent that produces a minimum of 80% crushed faces for both Type "C" HMAC, and Type "D" HMAC, when tested in accordance with Test Method Tex-460-A Part I "Determination of Crushed Face Count". iv. Decantation shall be a maximum of 1.5 percent when tested in accordance with Tex- 217-F. Section 8 99 l Design Standards and Specifications Streets and Drainage Specifications v. Deleterious materials shall be a maximum of 2.0 percent when tested in accordance with Tex-217-F. vi. Coarse aggregate shall have a maximum loss of 18% when subjected to 5 cycles of the Magnesium Sulfate Soundness Test ASTM C-88. vii. The amount of organic matter, clays, loams, or particles coated therewith, or other undesirable materials shall not exceed 1.5 percent. C. Fine Aggregate I. Fine aggregate shall be that part of the aggregate passing the No. 10 sieve and shall be of uniform quality throughout. li. A maximum of 15 percent of the total virgin aggregate may be field sand or other crushed fine aggregate. III. Sand which exhibits no variation in particle size shall be limited to a maximum of 7 percent of the total virgin aggregate. iv. Screenings shall be of the same or similar material as specified for coarse aggregate. v. Linear shrinkage shall be a maximum of 3 percent. vi. Mineral filler shall consist of thoroughly dry stone dust, slate dust, Portland cement or other material dust approved by the Engineer. a. The mineral filler shall be free of foreign and other injurious matter and shall meet the following gradation: Sty dar Crushed ocAgc,�regate Ci�ula#iv�i��rcen# Pastn Passing No. 8 Sieve 100 Passing No. 200 Sieve 55-100 D. Asphalt I. Asphalt shall be a Performance Graded (PG) 64-28, or better, unless otherwise shown (� on plans. l� ii. The contractor shall notify the Engineer of the source of asphaltic material for approval prior to production of the asphaltic mixture. a. The contractor shall notify the Engineer prior to any changes of the asphalt supplier or source. b. The Engineer may require a new mix design if changes of supplier or source occur. iii. Asphalt content shall not vary more than plus or minus 0.3 percent of design during production l a. Asphalt content within that range is considered to be acceptable if no other defects are noted, with the requirement that adjustments shall be made during production L� to achieve the optimum asphalt content. L b. If the asphalt content falls outside these parameters immediate action Is required. c. If at any time the asphalt content varies to plus or minus 0.5 percent of optimum, production shall immediately cease and all affected material shall be removed. [ d. Production shall not be resumed until the contractor has provided sufficient evidence of the problem being corrected. I l 8.9.07 HMAC Placement LJ A. Prior to production beginning, contractor must submit in writing a job mix formula (JMF) for the mix design proposed to be run on that project. The IMF will be held to tolerances as ( 1 outlined. I J 100 Section 8 k Design Standards and Specifications Streets and Drainage Specifications B. Prime and Tack Coats i. Prior to placing HMAC on flexible base, the surface shall be primed and cured 48 hours or until determined by the Engineer to be adequately cured, using an application of 0.20 gallons of asphalt per square yard of surface. a. The contractor shall strap the asphalt distributor in the presence of the inspector to verify the application rate. ii. Before any asphaltic mixture is laid, the surfaces against which the pavement is to be placed shall be cleaned, primed, and tacked to the satisfaction of the Engineer. a. The surfaces shall be given a uniform application of tack coat using asphaltic materials of this specification. (1) Prime coat will not be used as a tack coat. b. The tack coat shall be applied as directed by the Engineer with an approved sprayer. (1) Mopping or brooming of tack coat is not approved. c. All contact surfaces of curb and gutter, structures, and joints shall be sprayed with a thin uniform tack coat. M. The prime coat shall be MC 30, and shall be applied in accordance with TOOT Item 310 Prime Coat. iv. The tack coat shall be an asphalt material such as PG, AC-10. a. Asphalt materials cut with kerosene, diesel, or other petroleum solvent may not be used. C. HMAC Placement i. Pavement shall only be constructed on previously approved base. H. HMAC surface shall not be placed until at least 48 hours after the application of the prime coat. Ill. 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. iv. Air temperature requirements for placing HMAC shall be as follows: a. November 1 to April 1 (1) HMAC shall not be placed when the air temperature is below 55 degrees F and falling. (2) HMAC may be placed when the air temperature is above 50 degrees F and rising. b. April 1 to November 1 (1) HMAC shall not be placed when the air temperature is below 50 degrees F and falling. (2) HMAC may be placed when the air temperature is above 45 degrees and rising. v. Surface of roadway must be 60 degrees or higher prior to placing HMAC pavement, as determined in the field. A. Air temperature shall be determined by the Texas Tech University Mesonet sites in Lubbock. vii. HMAC shall be placed at a temperature between 265 and 325 degrees F. a. Any HMAC material that is above or below the specified temperature range, measured while passing through the lay down machine, shall be rejected by the Engineer. viii. When high winds occur, contractor must provide a water truck in order to minimize blowing dust. a. If the sustained winds reach 25 mph, all concrete and HMAC operations will cease production immediately. Section 8 101 P Design Standards and Specifications Streets and Drainage Specifications ix. The asphaltic mixture shall be dumped and spread on the approved prepared surface using an approved spreading and finishing machine. a. 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. b. Wings of the laydown machine may not be dumped unless they are dumped after every load. x. A level up course 1/2 inch to 1 inch in thickness shall require the use of Type D HMAC. A. A level up course greater than 1 inch shall require the use of ASB. Al. 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. Ali. Adjacent to curbs gutters or other flush structures, the surface shall be finished uniformly high so that when compacted it will be 1/4 inch above the curb or other concrete surface. Av. All joints shall present the same texture, density, and smoothness as other sections of the course. a. The joints between old and new pavements or between successive day's work shall be made to insure a continuous bond between the old and new sections of the course. xv. 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. xvi. 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. xvii.Special care shall be exercised in grading street intersections where dips or valley gutters are located so that the cross profiles present a smooth riding surface and so that the compacted asphalt thickness is not less than 2 Inches. a. Crown section shall begin transition at a distance equal to one-half of the lip -to -lip roadway width from concrete intersection or valley gutter, as Indicated on Standard Detail 36-11. D. HMAC Compaction I. HMAC surfaces shall be constructed to the following compacted thickness: 01Mtnir rrn� i tnQs Ntra*JMO t 4 Type D 2.0 2.5 C 2.0 3.0 ii. Using appropriate rollers approved by the Engineer, the HMAC surface shall be compacted thoroughly and uniformly to a density between 93% and 98% (with a minimum of 80% of the tests to show densities between 94% and 96.5%) of the theoretical maximum gravity, with a lab molded target of 96.5% using the Texas Gyratory compaction method. a. All results will be calculated using the maximum theoretical Rice gravity. III. Compaction less than 93 percent or greater than 98 percent will be considered deficient, and shall be removed and replaced at the contractor's expense. iv. HMAC shall meet all compaction requirements at the time of inspection. Re -rolling is not an approved method for achieving compaction requirements. v. The contractor shall set rolling patterns using a thin lift nuclear gauge in order to ensure correct compaction. 102 Section 8 I r 111 k I-- Design Standards and Specifications Streets and Drainage Specifications vi. All roller marks shall be removed and compaction completed prior to the HMAC mixture cooling below 185 degrees F. vil. Gasoline, oil, grease, solvents, or other foreign matter shall not be permitted to fall on the pavement when rollers are in operation or standing. viii. Places inaccessible to the rollers may be compacted using lightly oiled tamps. ix. Trenches and other limited areas where required compaction cannot be obtained using a three wheel roller shall be compacted with a trench type roller. x. The surface of the pavement after compaction shall be smooth and true to the established line, grade, and cross-section. A. Finished surfaces, including asphalt and concrete, shall not have irregularities in excess of 1/8 inch when tested with a 10 foot straightedge. Al. Prior to acceptance, the contractor shall apply suffident water to all paving surfaces, asphalt and concrete, to determine location of ponding. a. Ponded areas deeper than 1/8 inch shall be removed and replaced, or rectified as directed by the Engineer. Ali. Where the surface of T 1 or T-2 thoroughfare paving Is noticeably uneven the City may require measurement of the ride quality using the TxDOT Surface Test Type B. a. If the International Roughness Index (IRI) Is determined to exceed 65 Inches per mile corrective action shall be performed by diamond grinding, or other methods approved by the Engineer. b. If the IRI exceeds 95 Inches per mile the pavement shall be removed and replaced. E. Emulsified Asphalt Sealer 1. All HMAC surface courses shall be sprayed with an emulsified asphalt sealer consisting of a 15/85 mixture of CSS-1H, or 20/80 SS-1, liquid anionic asphalt and distilled water. ii. 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. F. Release Agents I. Diesel shall not be used as a release agent. ii. Only approved agents (such as Black Magic or equivalent) will be used. III. Diesel will not be permitted to be used on any tools or machinery that comes r- into contact with the HMAC. 8.9.08 Sampling of HMAC A. When sampling HMAC for testing purposes, the City of Lubbock representative will determine when the sample is taken and will split the sample with the contractor (at the contractor's request). B. A "referee" sample will be taken at the same time and held at the city laboratory until all test results are completed. C. If the contractor's results differ from the City's results the referee will be utilized and it will be run at an independent laboratory at the expense of the contractor, at which time all tests are final. D. If the contractor does not run quality control samples then no referee will be utilized and the City of Lubbock test results will be final. 8.9.09 Rejected HMAC Material Section 8 103 Design Standards and Specifications Streets and Drainage Specifications A. Rejected HMAC material, either from the construction area or delivered to the job site shall be dumped on the job site outside the area of construction, and remain there until all construction is completed. B. If it Is determined that unapproved material has been incorporated into the construction, all in place material shall be considered unapproved and shall be removed. C. No payment will be made for rejected material or construction. 8.9.10 Islands In Streets A. Islands in streets require City Council approval. I. As a condition of approval, persons requesting approval of islands within a street shall be required to submit to the City Engineer a street pavement structural design that exceeds the minimum standard specifications for street paving. ii. In general that shall mean 8 inch reinforced concrete. Ill. The paving design shall apply to all street paving adjacent to, and 50 feet beyond any proposed island. B. The submitted request shall include the proposed pavement design, surface treatment of the island, types of plant materials, and methods and details of irrigation systems. 8.10 Micro-Surfacin 8.10.01 Micro -surfacing materials and construction shall conform to TxDOT Specification Item # 350. There shall be no deviation from these specifications unless so directed by the Street Superintendent. 8.10.02 It shall be the responsibility of the Contractor to produce, transport, and place the micro - surfacing pavement and to ensure that the finished surface has a uniform texture and the micro -surfacing mat is fully adhered to the existing roadway surface. 8.10.03 Materials of Construction A. All materials that are to be stockpiled shall be protected from dust and other contamination. B. Mineral filler shall be stored in a manner that will keep it dry and free from contamination. C. All asphalt materials shall be kept free from contamination. D. Cationic Polymer -Modified Asphalt Emulsion I. Provide CSS-1P in accordance with TxDOT Item # 300.2.13 "Emulsified Asphalt". E. Aggregate I. Aggregate shall consist of clean, washed, tough, durable fragments of crushed stone of uniform quality and from a single source. ii. Aggregate shall meet TxDOT Class "A" surfacing classification. Ill. Contractor shall include the amount of mineral filler added to the mix determining the total minus No. 200 sieve aggregate fraction. 104 Section 8 h Design Standards and Specifications Streets and Drainage Specifications iv. Aggregate shall meet the following gradation requirements: ` s5 Standdard Crushed Rd�cC Aggregate; Cumulative �e�cent �etamded E ¢# b wei ` ht p ' Retained on 1 2" Sieve 0 Retained on 3 8" Sieve 0-1 Retained on No. 4 Sieve 6-14 Retained on No. 8 Sieve 35-55 Retained on No. 16 Sieve 54-75 Retained on No. 30 Sieve 65-85 Retained on No. 50 Sieve 75-90 Retained on No. 100 Sieve 82-93 Retained on No. 200 Sieve 85-95 v. Maximum Magnesium Sulfate Soundness shall be 30% (5 cycles) based upon TxDOT Test Method Tex-411-A vi. Minimum Sand Equivalent shall be 70% based upon TxDOT Test Method Tex-203-F. F. Mineral Filler shall be free of lumps and foreign matter consisting of Type S Lime. G. Contractor shall adjust the mix design to attenuate the usage of Lime. H. Water shall be potable and free of harmful soluble salts. I. Use only approved additives as recommended by the emulsion manufacturer in the emulsion mix or in any of the component materials when necessary to adjust mix time in field. 8.10.04 Methods of Construction A. Equipment I. Equipment shall be kept in good working conditions with no leaks. H. Any equipment that shows signs of leaks shall be fixed immediately and shall not be used until such leaks are fixed. ill. The mixing machine shall be a self-propelled micro -surfacing mixing machine with self - loading devices to promote continuous laying operations. Iv. Mixing machine shall have sufficient storage capacity for mixture matprials with individual volume or weight controls that will proportion each material to be added to the mixture. v. Mixing machine shall have a water pressure system and nozzle -type spray bar immediately ahead of spreader box capable of spraying the roadway for the width of the spreader box. vi. Scales used for weighing materials and emulsion must be calibrated and meet the requirements of TOOT Item # 520. vii. Electronic Monitoring System a. The micro -surfacing machine shall be equipped with an electronic monitoring system that consists of pulse sensors measuring material delivery rates, a radar gun to monitor distance traveled, and programmable micro -controller, and operators display/input board and an on -board printer. b. System shall be capable of monitoring and displaying application rates and use of aggregate, emulsion, fines, water and additives. c. System shall be capable of calculating and displaying ratios of emulsion to aggregate, fines to aggregate, additive to aggregate, water to aggregate, and application rate in pounds per square yard. Section 8 105 Design Standards and Specifications Streets and Drainage Specifications d. System shall be capable of printing a hard copy report on demand which displays the date, weight of aggregate, emulsion, fines, number of gallons of additive and gallons of water, and all of the above mentioned ratios since last reset. e, A computer -generated report providing statistics for the full work day shall be provided with each hand calculated daily run sheet. f. This system shall be accurate to within 1/2 of a percent of actual weights and measures for all parameters noted above. The system is not expected to calculate quantities and ratios for materials used in handwork and cul-de-sac areas. B. Air temperature requirements for placing micro -surfacing pavement shall be as follows: i. November 1 to April 1 a. Micro -surfacing shall not be placed when the air temperature is below 60 degrees F and falling. b. Micro -surfacing may be placed when the air temperature is above 50 degrees F and rising. ii. April 1 to November 1 a. Micro -surfacing shall not be placed when the air temperature is below 50 degrees F and failing. b. Micro -surfacing may be placed when the air temperature is above 50 degrees and rising. iii. Surface of roadway must be 60 degrees or higher prior to placing micro -surfacing pavement, as determined in the field. iv. Air temperature shall be determined by the Texas Tech University Mesonet sites in Lubbock, Texas. C. Placement of Mlcro-Surfacing I. The existing roadway surface shall be thoroughly clean and free of all vegetation, loose aggregate, and soil. H. Existing raised pavement markers and thermoplastic markings shall be thoroughly removed. ill. When existing roadway surface conditions require, provide a water spray immediately ahead of the spreader box. a. Apply water at a rate that dampens the entire surface without any free -flowing water ahead of the spreader box. iv. Micro -surfacing shall be spread uniformly at a rate of not less than 25 pounds per t square yard and no more than 30 pounds per square yard, or as directed. v. The spreader box shall be kept clean to minimize lumps. A. Set and maintain the skis on the spreader box as to prevent chatter in the finished mat. vii. Adjust the rear seal to provide the desired spread viii. Adjust the secondary strike -off to provide the desired surface texture. �.. ix. The finished mat shall be protected from traffic until it has cured and traffic will not harm it. x. Adjustments shall be made to the mixture to allow rolling traffic back on the surface in one hour. xi. Locations with turning or stop -and -go traffic shall be protected for longer periods of time. xii. Special care shall be taken by the Contractor to ensure that all manholes, water valves, and other surface structures are sufficiently protected from the micro -surfacing process by the use of a plastic membrane covering or other approved method. 106 Section 8 i- Design Standards and Specifications Streets and Drainage Specifications xiii. The Contractor shall be responsible for uncovering each manhole, water valve, and other structure after the micro -surfacing pavement has been applied to the roadway surface. D. Rutting on Major Thoroughfares and Collector Streets 1. Shallow ruts that are less than 1/2 inch in depth may be covered by a full width scratch box utilizing a steel primary strike -off plate. ii. Ruts that are between 1/2 inch and 1 inch in depth shall be filled independently with a fixed width spreader box no more than 6 feet wide. The rut filling box shall have a steel primary strike -off plate that is the same width as the spreader box. ill. Ruts that are in excess of 1 Inch in depth shall be filled with a 5-foot wide rut filling spreader box specifically designed to fill wheel path ruts. This operation will require multiple placement passes to restore the pavement to its original cross section. Special care shall be used by the Contractor to ensure that the material has proper time to dry between applications to promote bonding between the original pavement and the micro -surfacing pavement. Iv. Maximum micro -surfacing thickness applied as rut filling shall not exceed 1 inch for each pass required to restore pavement to the original profile. .E. Asphalt Milling at Concrete Intersections I. All thoroughfares and collector streets which have concrete intersections or where concrete valley gutters intersect the street shall have the asphalt surface milled to such a depth as to allow a smooth transition between concrete and the completed micro - surfacing pavement. F. Scratch Course I. All "Scratch Course" applications shall be performed utilizing a steel primary strike -off plate. ii. This will allow the bottom, or "scratch course", to mitigate any irregularities and have a more uniform profile for the micro -surfacing pavement to be applied to. G. Finished Surface I. Micro -surfacing pavement finished grade shall be uniform in texture and free from excessive scratch marks, tears, and other surface irregularities. a. All such Irregularities shall be repaired by the Contractor at their own expense. ii. Longitudinal joints shall be place on lane lines unless otherwise directed by the Engineer. iii. Joints shall be uniform in appearance when placed adjacent to existing joints. iv. Joints and edges shall be uniform and neat in appearance. v. All ruts, utility cuts, and depressions In the surface shall be filled in a separate pass from the final pass. 8.10.05 Hours of Operation A. Operating hours will be Monday through Saturday as outlined in Section 8.15 of these Specifications, unless otherwise directed by the Engineer. r B. Hours of operation shall be: 1. Major Thoroughfare: 7:00pm to 7:00am (Night) ii. Residential Areas: 7:00am to 7:00pm (Day) C. On major thoroughfares the micro -surfacing pavement shall be traffic ready by 7:00am, including all traffic control devices and barricades being removed from the roadway. _ I Section 8 107 Design Standards and Specifications Streets and Drainage Specifications 8.11 Storm Sewer 8.11.01 Storm sewer shall include installation of pipe, manholes, inlet structures, outlet structures, and all appurtenances associated with these items, 8.11.02 Contractor shall use only materials, tools, methods, and equipment considered standard by the pipeline construction industry, and approved by the Engineer. 8.11.03 Grade and horizontal alignment shall be maintained using a laser or batter boards. 8.11.04 Materials of Construction A. Storm Sewer Pipe i. As a standard, storm sewer shall be constructed using reinforced concrete pipe, either precast or cast in place. il. Pipe shall conform to the requirements of AASHTO M170 or ASTM C76. Pipe shall be Class III unless otherwise noted on plan sheets. iii. Other pipe materials may be considered for approval by the Engineer based on engineering and design criteria. B. Mortar 1. Mortar shall be used for grouting and filling between pipe and drainage structures. il. Mortar shall be composed of 1 part, by volume, of Portland cement and 2 parts of mortar sand. a. Portland cement shall conform to the requirements of ASTM C150, Type I. b. Sand shall conform to the requirements of ASTM C144. III, Hydrated lime may be added to the mixture of sand and cement In an amount equal to 15% of the weight of cement used. a. Hydrated lime shall meet the requirements of ASTM C6. Iv. Mortar which has not been used after 45 minutes of having water added shall be discarded. a. Mortar may not be retempered by having water added. C. Preformed Bituminous Gasket Joints I. Preformed bituminous gaskets for concrete non -pressure pipe shall conform to the requirements ASTM D994, and shall be Ram-Nek or approved equal. il. Gaskets shall be installed in accordance with manufacturer's recommendations and shall form a water-tlght joint. D. Manholes, Frames, and Covers I. Manhole barrel, cone and extension sections shall be constructed of precast concrete. ii. A plant inspection may be required for production facility Inspection and to review record -keeping for material certification. III, The manufacturer must provide certification that all materials used for manufacturing meet with the following ASTM Specifications: ASTM C33 Aggregates ASTM C150 Cement ASTM C39 Sampling Specimens ASTM C185 Reinforcing ASTM C144 Sand and Mortar 108 Section 8 Design Standards and Specifications Streets and Drainage Specifications iv. Precast concrete sections for manholes shall conform to ASTM C478 specifications. a. Compressive strength test results must verify concrete strengths meet or exceed 4,000 psi. b. Aggregate shall be crushed limestone and shall conform to ASTM C33 specifications. v. Joints, excepting grade rings, shall be tongue and groove or an equivalent male and female type joint as approved by the Engineer. a. Joints shall be effectively jointed to prevent leakage and infiltration. b. Connections between wall sections shall be joined with Consea) Joint Sealant or approved equal to provide a watertight manhole. (1) Sealant will be provided by supplier and will be considered an essential part of each shipment. t vi. Cones and adjusting rings shall maintain a clear 30-inch opening. a. Adjusting rings shall be reinforced with the same percentage of steel as risers and tops and will also meet ASTM C478 specifications. b. 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. Al. Manholes shall be designed to withstand H-20 AASHTO loading. viil. Manholes shall also have lifting holes that do not protrude through manhole wall. �- a. One full inch of concrete thickness must remain between lift hole and outside wall of manhole. ix. Manhole barrels shall be assembled of precast riser section. a. Riser sections and top cone sections shall be placed vertically with tongues and grooves properly keyed. x. Invert channels shall be smooth and semi -circular in shape conforming to the inside of ' } the adjacent pipe section. a. 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. b. Changes In size and grade of the channels shall be made gradually and evenly. c. Invert channels may be formed directly in the concrete of the manhole base or may be half -pipe laid in concrete. d. 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. xi. Connections between the riser or base sections and the sewer pipe shall be joined in such a manner as to make the manholes watertight. a. Preformed rubber waterstop gaskets cast into the riser or base section are acceptable. b. Preformed flexible plastic sealing compounds equivalent to "Ram-nek" or "Kent Seal' may be used provided a watertight seal is achieved. xii. Adjusting rings may be used for adjusting the to elevation of manholes. l 9 9 Y l 9 P a. Each manhole shall have a minimum of 6 inches of grade adjustment. b. Total height of the adjusting rings shall not exceed 12 inches at any manhole. c. Concrete shall be placed around and under the rings to provide a seal and seat the ring at the proper elevation. xiii. Frames and Covers a. Manhole frames and covers shall be of good quality gray iron casting and conform to ASTM A48, having a clear opening of not less than 22 inches. Section 8 109 Design Standards and Specifications Streets and Drainage Specifications b. The casting shall be designed with a full bearing ring so as to provide a continuous seat between frame and cover. c. The cover shall be furnished with lifting ring cast into the cover in such manner as to prevent water leaking through. d. Frame and cover shall have a weight of not less than 275 pounds. e. The manhole ring and cover shall be Western Iron Works #40 or approved equal. 8.11.05 Methods of Construction A. All equipment necessary and required for the proper construction of storm sewers, manholes and culverts shall be, on the project, in first-class working condition, and approved by the Engineer before construction is permitted to start. B. If precast concrete pipe or manhole sections are used, the Contractor shall provide appropriate hoisting equipment to handle the pipe or sections while unloading and placing it in its final position without damage to the pipe. C. The Contractor shall provide hand tampers and pneumatic tampers to obtain the required compaction of the pipe bed, the manhole bed and the backfill, asspecified. D. Excavation and Trenching _ 1. The Contractor shall do all excavation to the depth shown on the plans. ii. Where rock, or soil containing rocks or gravel, hard pan or other unyielding foundation material is encountered in trench excavation, the pipe shall be bedded in accordance with the requirements of one of the classes of bedding, and the hard unyielding material shall be excavated below the elevation of the bottom of the pipe or pipe bell to a depth of at least 8 Inches or 1/2 inch for each foot of fill over the top of the pipe, whichever is greater, but not more than three -fourths the nominal diameter of the pipe. a. 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. b. The cost of furnishing and placing the cushion material shall be included in the bidet price per linear foot of pipe in place. c. The bottom of the trench shall be excavated to a horizontal section as far as practicable. - Ill. Excavated material not required or acceptable for backfill shall be disposed of by the Contractor as directed by the Engineer. iv. Excavation shall not be carried below the required depth; but when it is, the trench y 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 T180. v. When directed, unstable soil shall be removed for the full width of the trench and replaced with sand or with approved granular material. a. The Engineer shall determine the depth of removal of unstable soil and the amount of backfill necessary. vi. eackfill shall be compacted and shaped to a firm but slightly yielding condition to form the bed for the pipe. vii. Grades for pipe shall be as shown on the drawings. No changes in grade will be made unless so directed by the Engineer. viii. 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. ix. The sides of the trench shall be vertical, unless otherwise approved by the Engineer. , 110 Section 8 (..... Design Standards and Specifications Streets and Drainage Specifications x. The width of the trench shall provide adequate working room for installation, joining and proper compaction along both sides of the pipe. a. Trenches shall conform to the following dimensions, unless otherwise shown on the Plans: P� a Size � `, : MinTr+encl<iNiditii Max,.l`reacti Vilidth =>' Less than 18" Pipe O.D. +12" Pipe O.D. +18" 18" thru 36" Pipe O.D. +18" Pipe O.D. +24" 37" thru 60" Pipe O.D. + 24" Pipe O.D. + 30" b. 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. c. Excavation in paved areas shall be confined to a minimum practical width. A. 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. Al. Manholes a. The excavation for manholes shall be essentially the same as that for the piping. b. The sides of the excavation shall be vertical unless otherwise approved by the Engineer. c. 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. d. 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 backfiiling operations. e. 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. xiii. Surface water shall be prevented from entering the excavation. xiv. Heavy equipment, except for excavating equipment, shall not be operated within 20 feet of the edge of the excavation. xv. Excavated materials shall be stockpiled no closer than 3 feet from the edge of the excavation. E. Pipe Installation I. Contractor shall provide the appropriate tools and methods to insure installation of the pipe to line and grade, as shown on the drawings. U. Contractor's method for lowering pipe into the trench shall be such that neither the pipe nor the trench will be damaged or disturbed. ill. The Engineer shall inspect all pipe before it is placed in the trench. iv. 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. v. Installing pipe in the finished trench shall be started at the lowest point and laid upgrade. a. For tongue and groove pipe, the grooved end shall be laid upgrade. vi. The pipe shall be firmly and accurately installed to line and grade so that the invert will be smooth and uniform. vil. The pipe shall be protected from water during placing and until the concrete, for cast - in -place pipe, or the mortar, for joints of precast or cast in place pipe, has thoroughly set. Section 8 111 Design Standards and Specifications Streets and Drainage Specifications a. The contractor shall provide temporary diversions as necessary to prevent surface water Flow into the excavation. viii. Pipe shall not be laid or installed on frozen ground. Ix. 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 additional compensation. x. Mortar shall be used for caulking and filling between the pipe and the drainage structures. A. Mortar that is not used within 45 minutes after water has been added shall be discarded. a. Retempering of mortar shall not be permitted. xii. Pipe joints for precast concrete pipe shall be of the tongue and groove type. All. Joints shall be made water tight by means of a preformed bituminous gasket. a. Gaskets shall be installed as recommended by the pipe manufacturer. xiv. Field poured concrete bases shall be at least 12 inches thick and not less than 12 inches greater diameter than the outside diameter of the manhole riser section. xv. Concrete shall be Class A at a minimum 3000 psi 28 day compressive strength. xvi. Concrete placement shall conform to ACI and good construction practices. xvii.Concrete shall be consolidated and struck -off to a horizontal surface within the forms or pouring rings. xviil. Field poured concrete bases shall be reinforced as detailed on the Plans or as shown in the Standard Details. xix. Manholes shall be constructed to ASTM C-891 standards. xx. Precast reinforced concrete bases shall be of the size and shape detailed on the Plans or as shown in the Standard Details. F. Backfilling I. All trenches and excavations shall be backfilled as the pipes and manholes are Installed, unless otherwise directed by the Engineer. -' I!. Outside of street right of way the backflll 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. a. 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. b. The material shall be moistened or dried, if necessary, to be compacted by the method in use. c. Backfill material shall be approved by the Engineer. III. The backfill shall be placed In loose layers not to exceed 6 inches in depth along each side of the pipe and manhole. J a. Special care shall be taken to secure thorough compaction under the haunches and , at the sides of the pipe and manhole. b. 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. c. BackfiHing shall be done in a manner as to avoid Injurious top or side pressures on the pipe and manhole. d. Backfill shall be compacted to 95% (min.) Standard Proctor Density.- iv. Unless otherwise directed by the Engineer or plans, excavation within street right of way shall be backfilled with fiowable fill material (2-sacks of cement per cubic yard concrete mix) to 1-1/2 inches below the asphalt surface. 112 section 8 j i -i Design Standards and Specifications Streets and Drainage Specifications a. The pipe shall be restrained so that during the pour the pipe shall not be displaced. v. Movement of construction machinery over a culvert, pipeline, or manhole shall be at the Contractor's risk. a. Any damaged construction shall be removed and replaced at the Contractor's own expense. 8.11.06 Trench Protection A. Trench excavations not exceeding five feet in depth shall be protected in accordance with applicable OSHA, state, and local requirements. B. Trench excavations greater than five feet In depth shall be protected in accordance with the following specifications. I. All work performed under this section shall also comply with OSHA Part 1926, Subpart P and all State and Local codes. ii. The Contractor shall be responsible for complying with all trench safety requirements, the requirements of the specifications, drawings and all applicable codes. W. Trench protection shall be performed by forces having at least two years experience with similar types of trench safety systems. iv. The manufacturer of prefabricated items used in trench safety systems shall have at least two years of experience in fabricating the items. v. The contractor shall provide detailed drawings for proposed trench safety systems. a. The drawings shall identify where each system is proposed for use and type of system to be used. vi. Trench excavations shall not be started until trench safety systems have been submitted and approved by the Engineer. vli. 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. viii. 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. ix. Materials used for trench safety shall be capable of withstanding imposed loads without excessive deflections. x. Materials shall be clean, free of rust, holes, knots and other defects, and shall conform to the following: a. Steel — Steel shall be of type and thickness as required and shall have a minimum yield stress of 36 ksi. b. Aluminum — Type 6061-T6, thickness as required. c. Wood in Contact with Earth — Pressure treated woods. d. Wood not in Contact with Earth — Soft or hardwood as required. 8.12 Fences 8.12.01 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. 8.12.02 The contractor shall remove existing fences and either store for reuse or legally dispose of the fence materials, as directed by the Engineer. Section 8 113 Design Standards and Specifications Streets and Drainage Specifications 8.12.03 New fence construction shall be in accordance with specifications and details Included on plan sheets. 8.13 Salvage of Asphalt Paving 8.13.01 All salvaged asphalt material shall be broken into pieces not more than 2 inch in size and stockpiled at a location indicated in the plans. 8.13.02 Any non -asphaltic materials, such as flexible base and soil, shall be kept separated from the salvaged asphalt. 8.14 Traffic Control 8.14.01 Prior to starting work on any project covered by these specifications, the contractor shall submit a Traffic Control Plan for approval by the Engineer. A. The contractor shall have the sole responsibility for providing, installing, moving, replacing, maintaining, cleaning, and removing upon completion of work, all traffic control devices. B. The Traffic Control Plan and devices shall be in compliance with the Texas Manual of Uniform Traffic Control Devices (MUTCD). 8.14.02 The Traffic Control Plan approved by the Engineer shall be considered the minimum requirement for the project. A. The contractor shall provide additional devices as determined to be necessary during the project. B. 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. 8.14.03 The contractor shall provide and maintain at least one driveway to each property open directly to the project corridor, at all times during construction. A. Driveway width to remain open shall be appropriate for the character and volume of traffic accessing the property, and shall require approval by the Engineer. B. No driveways shall be closed along the project corridor without either a comprehensive access management plan approved by the Engineer, or approval for individual closures from the Engineer. C. The contractor shall notify affected property owners a minimum of two (2) days in advance of any driveway restriction or closure. 8.14.04 All signing and barricading shall be in place before construction operations are started and during all times construction is in progress. A. All hazards shall be dearly marked and adequately protected. 8.14.05 If pedestrian walkways are blocked, pedestrian control shall conform to "Typical Sidewalk and Curb -Lane Closure for Pedestrian Control' as indicated in Texas MUTCD. 8.14.06 If traffic control is not specifically stated in the bid proposal, no separate payment will be made for traffic control. A. The required plan and devices shall be considered to be subsidiary to pay items. 114 Section 8 I_ i_. Design Standards and Specifications Streets and Drainage Specifications 8.14.07 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. A. The base course shall be maintained until the wearing surface is placed thereon. B. 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. C. Contractor shall give a minimum of one (1) day advance notice of the work schedule to affected property owners, and shall conduct construction efforts so as not to create a disturbance or nuisance. 8.15 Prosecution of the Work and Working Days 8.15.01 As a standard, no work will be performed on weekends, nights, or holidays. A. Requests by the contractor to work evenings, weekends, or holidays must be made'Shd processed in accordance with current City of Lubbock Administrative Policies and Procedures "Construction on Weekends, Nights, or Holidays". B. If the request is approved, the contractor shall be responsible for all City personnel costs associated with the work. C. If the Engineer determines that it Is necessary and appropriate to work after dark or before daylight, the contractor shall provide adequate lighting as required to allow prosecution of the work equivalent to that in daylight hours. 8.15.02 Working Days Definition A. City contracted paving projects will be based on working days allowed. 1. No requests for extensions of time will be considered. B. 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. 1. Work on Saturdays, Sundays, or City of Lubbock designated holidays must be authorized by the Engineer. ii. 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. Ill. Work on Sunday will not be authorized except In cases of extreme emergency, as determined by the Engineer. C. 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. I. In that event, time charged against the project will begin on the date the contractor could first work a minimum of 7 hours as described above. D. The Engineer will furnish the contractor a monthly statement showing the number of working days used and the working days remaining. I. The contractor shall be allowed 10 calendar days in which to protest the correctness of each statement. ii. The protest shall be in writing, addressed to the Engineer, and shall indicate basis of the protest. Section 8 115 Design Standards and Specifications Streets and Drainage Specifications iii. The Engineer shall respond to the protest within 10 calendar days of receiving the protest. iv. 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. 8.15.03 Work Between November 1 and January 2, and on Other City Holidays A. 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. B. The City of Lubbock observes specific holidays, and City staff is not required to work those days. I. As standard procedure, construction operations that require testing/inspection may not . be performed on those holidays. ii. 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. iii. 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. iv. If City personnel are available, the Engineer may approve the request. 8.16 Measurement and Payment 8.16.01 The unit price bid for all bid items 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, except as otherwise specified, necessary or incidental to complete the various items of work in accordance with the plans and specifications. A. Cost of work or materials shown on the plans or called for in the specifications and for which no bid item is Indicated shall be considered subsidiary to the various bid items. 1. No separate payment shall be made for such subsidiary work or materials. B. Payment will not be made for any Item that is not complete, including all associated incidental work. C. All of the items covered by these standard specifications may not be included in a particular project. D. Only those items indicated on bid documents and plan sheets shall be included for construction and payment. 8.16.02 Separate Curb and Gutter A. Measurement will be made of the linear feet of separate curb and gutter actually constructed. B. Separate curb and gutter will be paid for at the unit price bid per linear foot C. The 24-inch curb and gutter shall be considered standard; The 30-inch curb and gutter shall be used only if specifically indicated on plans or bid documents. D. Curb on a slab that is part of a sidewalk, driveway, alley return, alley paving, valley gutter and fillets, drainage channel, or wheelchair ramp will be considered to be subsidiary to those items, and no separate payment will be made for such curb. 116 Section 8 t r Design Standards and Specifications Streets and Drainage Specifications 8.16.03 Concrete Flat Slabs Sidewalk, Driveway, Alley Return, Alley Paving, and Valley Gutters and Fillets A. Measurement will be made of the area, In square feet, of flat slab actually constructed. B. Flat slabs will be paid for at the unit price bid per square foot for each specific type of slab. C. Curb on sidewalks, driveways, alley returns, alley paving and valley gutters and fillets shall be included in the area measured for the slab and will not be paid for as a separate item as curb and gutter. 8.16.04 Curb Ramps (Handicap Ramps) A. Measurement will be made of the area, in square feet, of curb ramp actually constructed, including surface treatments and top surface area of any curb above the slab. B. Landings, wings, and ramps will be paid for per square foot as 4 inch thick sidewalk. C. Curb ramps will be paid for at the unit price bid per square foot. No separate payment will be -' made for curb as part of a ramp. 8.16.05 Concrete Drainage Channel A. Measurement will be made of the area, in square feet, of drainage channel actually constructed, including top surface area of any curb above the slab. B. Drainage channel will be paid for at the unit price bid per square foot. 8.16.06 Retaining Wails A. Retaining wail will be considered as that portion of concrete construction which constitutes a separate reinforced structural member for soil retention, extending above and below a surface slab. B. Measurement will be made of the linear feet of retaining wall actually constructed. C. Retaining wall will be paid for at the unit price bid per linear foot. 8.16.07 Concrete Median A. Measurement will be made of the area, in square feet, of median actually constructed. B. Median will be paid for at the unit price bid per square foot. 8.16.08 Concrete Street Paving A. Measurement will be made of the area, in square yards, of concrete street paving actually constructed. B. Concrete street paving will be paid for at the unit price bid per square yard. _ 8.16.09 Sawing and Sealing of Joints in Concrete Street Paving A. Measurement will be made of the linear feet of sawed and sealed joints actually constructed. B. Sawing and sealing of joints will be paid for at the'unit price bid per linear foot. 8.16.10 Curb and Gutter Removal A. Measurement will be made of the linear feet of curb and gutter actually removed. (' B. Payment will be made at the unit price bid per linear foot of curb and gutter removed. C. The contractor shall ensure that the Engineer has the opportunity to measure the linear feet of curb and gutter prior to removal. Section 8 117 Design Standards and Specifications Streets and Drainage Specifcations D. If curb and gutter is removed without measurement by the Engineer, no payment will be made for that removal -� 8.16.11 Concrete Slab Removal and Disposal A. Measurement will be made of the area in square feet of concrete slab actually removed and legally disposed of. B. The contractor shall ensure that the Engineer has the opportunity to measure the area of concrete slab prior to removal. C. If concrete slab is removed without measurement by the Engineer, no payment will be made for that removal and disposal. D. Payment will be made at the unit price bid per square foot of concrete slab removed and disposed of. 8.16.12 1-1/2 Sack Flowable Fill A. Quantities of 1-1/2 sack Ilowable fill will be determined from tickets provided by the drivers of the delivery trucks. B. Payment will be made at the unit price bid per cubic yard of in place 1-1/2 sack Flowable fill. 8.16.13 Asphalt Paving A. Measurement will be made of the area, in square yards, of asphalt paving actually constructed. B. The unit price bid shall Include furnishing and installing all materials, subgrade preparation, construction of caliche or asphalt stabilized base as specified, excavation, filling, tack and prime coats, HMAC surface, emulsion seal, and all incidentals necessary to complete the work C. Payment will be made at the unit price bid per square yard of asphalt paving. 8.16.14 Asphalt Paving Repair _ A. Measurement will be made of the area, in square yards, of In place asphalt paving repair. B. The unit price bid shall include removal of existing surface materials, furnishing and placing all asphaltic materials, sawing of existing paving edges, smoothing and preparation of the -' existing base, tack and prime coats, compaction, and all incidentals necessary to complete the work. C. Payment will be made at the unit price bid per square yard of paving repair. 8.16.15 Micro -Surfacing A. Micro -surfacing will be measured by the ton of composite micro -surfacing mixture used, defined as the asphalt emulsion, aggregate, and mineral filler. B. The unit price bid shall include surface preparation, furnishing, hauling, preparing, and placing materials, and all required equipment, labor, tools and incidentals necessary to complete the work. C. Payment will be made at the unit price per ton of composite micro -surfacing mixture used. 8.16.16 Excavation and Grading Outside Limits of Construction A. Volume of excavation or fill, in cubic yards, will be determined by average end area method. B. 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. 118 Section 8 _P Design Standards and Specifications Streets and Drainage Specifications C. No separate payment will be made for disposing of excess material. D. Payment will be made at the unit price bid per cubic yard of completed excavation or fill. 8.16.17 Ditch Grading and Unpaved Street Surface Grading A. Measurement will be made of the linear feet of ditch or street grading. B. No separate payment will be made for disposing of excess material. C. Payment will be made at the unit price bid per linear foot of completed ditch or street grading. 8.16.18 Traffic Control A. Set up and maintenance of traffic control plans indicated as a bid item in the contract will be paid for on a per day basis for each day the control plan devices are required to be in place. B. If no bid item for traffic control Is included in the contract it shall be considered to be subsidiary to bid items, and no separate payment shall be made for traffic control. 8.16.19 Mobilization A. Contractor mobilization indicated as a bid item in the contract shall be paid for as a lump sum. B. If no separate bid Item for mobilization is included in the contract it shall be considered subsidiary to contract bid items, and no separate payment shall be made for mobilization. 8.17 Restoration and Clean Up 8.17.01 After any construction covered by these specifications is completed, the Contractor shall remove all equipment, surplus materials, and rubbish from the site. 8.17.02 The contractor shall restore all disturbed areas to their original condition satisfactory to the Engineer, including sidewalks, driveways, curb or curb and gutter, sprinkler systems, and turf or landscaping disturbed outside the defined construction area. 8.18 Certificate of Completion and Warranty 8.18.01 Within 31 calendar days after the Contractor has given the Engineer written notice that the paving or drainage Improvements have been completed, or substantially completed, for new subdivision construction or on a City contract the Engineer shall inspect the improvements. A. If it is determined that the Improvements have been constructed in accordance with the plans and specifications, the Engineer shall Issue to the Contractor a Certificate of Completion of Streets and Drainage Improvements, which will establish the beginning date for the warranty period. B. Neither the final payment nor Certificate of Completion shall relieve the Contractor of responsibility for faulty materials or workmanship. C. The Contractor shall remedy any defects due to faulty materials or workmanship that appear within 2 years from the date of completion. D. Prior to issuance of the Certificate of Completion by the Engineer, the Contractor shall furnish to the City of Lubbock a 2 year maintenance bond in the amount of 10 percent of the total construction cost of the paving and drainage improvements. Section 8 119 Design Standards and Specifications Streets and Drainage Check List 122 a. Horizontal 1"=20' or 1"=50' b. Vertical 1"=1' (preferred) or 1"=2' (maximum) iii. Original Date and Revision Dates iv. Name of Professional Engineer v. Professional Engineer's Seal vi. Firm Name and Contact Information vii. Drawings Number (s) vill. Statement: "All work shall be performed in accordance with the City of Lubbock Design Standards and Specifications." B. Plan i. Bench Marks and USGS Datum 11. North Arrow i iii. ROW Lines, Property Lines and Lot Numbers iv. Street Names and Easements with Width Dimensions v. Existing Curbs and Paving (Gray — Dashed) vi. Proposed Curbs and Paving (Bold — Solid) vii. Spot Elevations on Radii, Dips, Grade Breaks, and Ditches viii. Location and Direction of Dips ix. Other Pertinent Details (Buildings, Utilities, Water Courses, Etc.) C. Profile L Existing Ground Surface at Curb Lines (Gray - Dashed) li. Existing Gutters or Flow Lines (Gray — Dashed) ill. Proposed Gutters or Flow Lines (Bold - Solid) iv. Stationing with Profiles Indexed to Plan View v. Intermediate Station Numbers and Elevations at Points of Grade Change and Radii vi. Ditch Grades vii. Existing and Proposed Utilities Where Crossed, D. Detail Sheet - As Required E. Overall Layout Sheet (If Required) .1 1. Scale 1 "=100' 1 ii. Lot Lines iii. Streets and Street Names Section 9 t I Will ■■■■I ��Iiiiiallti767yllllt.��li►Illtiell��iiU..G�:P� I�`l� ■C� 1 �� ■NINE Legend PAGE INTENTIONALLY LEFT BLANK