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HomeMy WebLinkAboutResolution - 2006-R0191 - Contract - M & S Concrete - Street Drainage Improvements - 04/26/2006Resolution No. 2006-RO191 April 26, 2006 Item No. 5.18 RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock, a Contract for the street drainage improvements of various locations, by and between the City of Lubbock and M and S Concrete of Levelland, Texas, 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 this 26th day of _ April , 2006. AS TO City Engineer APPROVED AS TO FORM: M. Knight, Assisudit- City Attorney gs/ccdocs/St Drainage Imp -M & S Concrete.res April 6, 2006 No Text City of Lubbock PURCHASING DEPARTMENT ROOM 204, MUNICIPAL BUILDING 1625 13T" STREET LUBBOCK, TEXAS 79401 PH: (806)775-2167 FAX: (806)775-2164 http://purchasing.ci.lubbock.tx.us DATE ISSUED: OLD CLOSE DATE: NEW CLOSE DATE: ITB# 06-010-BM, Addendum #1 ADDENDUM #1 ITB # 06-010-BM Street Drainage Improvements at Various Locations February 22, 2006 February 22, 2006 @ 3:00 P.M. C.S.T. March 1, 2006 @ 3:00 P.M. C.S.T. The following items take precedence over specifications for the above named Invitation to Bid (ITB). Where any item called for in the ITB documents is supplemented here, the original requirements, not ,f affected by this addendum, shall remain in effect. 1. Bid due date and time are CHANGED from February 22, 2006 @ 3:00 P.M. C.S.T. to March 1, 2006 @ 3:00 P.M. C.S.T. All requests for additional information or clarification must be submitted in writing and directed to: Bruce MacNair, Senior Buyer, City of Lubbock, P.O. Box 2000, Lubbock, Texas 79457 Questions may be faxed to (806)775-2164 or Email to bmacnairQmylubbock.us THANK YOU, CITY OF LUBBOCK Bruce MacNair Senior Buyer It is the intent and purpose of the City of Lubbock that this request permits competitive bids. It shall be the bidder's responsibility to advise the City of Lubbock Purchasing Manager if any language, requirements etc., or any combinations thereof, inadvertently restricts or limits the requirements stated in this ITB to a single source. Such notification must be submitted in writing and must be received by the Purchasing Manager no later than five (5) business days prior to the bid close date. A review of such notifications will be made. ITB#06-010-BMAdl.doc 1 CITY OF LUBBOCK INVITATION TO BID TITLE: STREET DRAINAGE IMPROVEMENTS AT VARIOUS LOCATIONS ADDRESS: LUBBOCK, TEXAS PROJECT NUMBER: 90096.8304.20000 CONTRACT PREPARED BY: PURCHASING & CONTRACT MANAGEMENT DEPARTMENT 1. NOTICE TO BIDDERS 2. GENERAL INSTRUCTIONS TO BIDDERS 3. BID SUBMITTAL - BID FOR LUMP SUM CONTRACTS 4. PAYMENT BOND 5. PERFORMANCE BOND 6. CERTIFICATE OF INSURANCE 7. CONTRACT 8. GENERAL CONDITIONS OF THE AGREEMENT 9. CURRENT WAGE DETERMINATIONS 10. SPECIFICATIONS NOTICE TO BIDDERS ITB #06-010-BM Sealed bids addressed to Victor Kilman, Director of Purchasing & Contract Management, City of Lubbock, Texas, will be received in the office of the Director of Purchasing & Contract Management, Municipal Building, 1625 13th Street, Room 204, Lubbock, Texas, 79401, until 3:00 o'clock p.m. on February 22, 2006, or as changed by the issuance of formal addenda to all planholders, to furnish all labor and materials and perform all work for the construction of the following described project: "STREET DRAINAGE IMPROVEMENTS AT VARIOUS LOCATIONS" After the expiration of the time and date above first written, said sealed bids will be opened in the office of the Director of Purchasing & Contract Management and publicly read aloud. It is the sole responsibility of the bidder to ensure that his bid is actually in the office of the Director of Purchasing & Contract Management for the City of Lubbock, before the expiration of the date above first written. Bids are due at 3:00 o'clock n.m. on February 22, 2006, and the City of Lubbock City Council will consider the bids on March 9, 2006, at the Municipal Building, 1625 13th Street, Lubbock, Texas, or as soon thereafter as may be reasonably convenient, subject to the right to reject any or all bids and waive any formalities. The successful bidder will be required to furnish a performance bond in accordance with Chapter 2253, Government Code, in the amount of 100% of the total contract price in the event that said contract price exceeds $100,000 and the successful bidder will be required to furnish a payment bond in accordance with Chapter 2253, Government Code, in the amount of 100% of the total contract price in the event that said contract price exceeds $25,000. Said statutory bonds should be issued by a company carrying a current Best Rating of B or superior. Bidders are required, whether or not a payment or performance bond is required, to submit a cashier's or certified check issued by a bank satisfactory to the City of Lubbock, or a bid bond from a reliable surety company, payable without recourse to the order of the City of Lubbock in an amount not less than 5% of the total amount of the bid submitted as a guarantee that bidder will enter into a contract and execute all necessary bonds (if required) within ten (10) business days after notice of award of the contract to him. FAILURE OF THE BIDDER TO INCLUDE BID SECURITY WITH THE BID SUBMITTAL SHALL CONSTITUTE A NONRESPONSIVE BID AND RESULT IN DISQUALIFICATION OF THE BID SUBMITTAL. It shall be each bidders sole responsibility to inspect the site of the work and to inform himself regarding all local conditions under which the work is to be done. It shall be understood and agreed that all such factors have been thoroughly investigated and considered in the preparation of the bid submitted. There will be a non -mandatory pre -bid conference on February 8, 2006 at 9:00 o'clock a.m., in the Purchasing & Contract Management Conference Room 204, 1625 13`h Street, Lubbock, Texas. Bidders may view the plans and specifications without charge at The Reproduction Company, 2102 Avenue Q, Lubbock, Texas 79405. ONE SET OF PLANS AND SPECIFICATIONS MAY BE OBTAINED, AT THE CITY'S EXPENSE, FROM -' THE REPRODUCTION COMPANY WITH A $100 REFUNDABLE DEPOSIT, http://pr.thereproductioncompany.com/, Phone: (806) 763-7770. Additional sets of plans and specifications may be obtained at the bidder's expense. Attention of each bidder is particularly called to the schedule of general prevailing rate of per diem wages included in the contract documents on file in the office of the Director of Purchasing & Contract Management of the City of Lubbock, which document is specifically referred to in this notice to bidders. Each bidder's attention is further directed to provision of Article 5159a, Vemon's Ann. Civil St., and the requirements contained therein concerning the above wage scale and payment by the contractor of the prevailing rates of wages as heretofore established by owner in said wage scale. The City of Lubbock hereby notifies all bidders that in regard to any contract entered into pursuant to this advertisement, minority and women business enterprises will be afforded equal opportunities to submit bids in response to this invitation and will not -- be discriminated against on the grounds of race, color, sex, disability, or national origin in consideration for an award. The City of Lubbock does not discriminate against persons with disabilities. City of Lubbock pre -bid meetings and bid openings are available to all persons regardless of disability. If you would like bid information made available in a more accessible format or if you require assistance, please contact the City of Lubbock ADA Coordinator at (806) 775-2018 at least 48 hours in advance of the meeting. CITY OF LUBBOCK Marta ACvarez MARTA ALVAREZ, INTERIM PURCHASING MANAGER GENERAL INSTRUCTIONS TO BIDDERS GENERAL INSTRUCTIONS TO BIDDERS 1 131D DELIVERY TIME & DATE 1.1 The City of Lubbock is seeking written and sealed competitive bids to furnish STREET DRAINAGE wf IMPROVEMENTS AT VARIOUS LOCATIONS per the attached specifications and contract documents. Sealed bids will be received no later than 3:00 p.m. CST, February 22, 2006 at the office listed below. Any bid received after the date and hour specified will be rejected and returned unopened to the bidder. Each bid and supporting documentation must be in a sealed envelope or container plainly labeled in the lower left-hand corner: "ITB #06-010-BM, STREET DRAINAGE IMPROVEMENTS AT VARIOUS LOCATIONS" and the bid opening date and time. Bidders must also include their company name and address on the outside of the envelope or container. Bids must be addressed to: Victor Kilman, Director of Purchasing & Contract Management City of Lubbock 1625 13th Street, Room 204 Lubbock, Texas 79401 1.2 Bidders are responsible for making certain bids are delivered to the Purchasing & Contract Management Department. Mailing of a bid does not ensure that the bid will be delivered on time or delivered at all. If _ bidder does not hand deliver bid, we suggest that he/she use some sort of delivery service that provides a receipt. 1.3 Bids will be accepted in person, by United States Mail, by United Parcel Service, or by private courier service. No bids will be accepted by oral communication, telephone, electronic mail, telegraphic transmission, or telefacsimile transmission. THE CITY WILL NOT ACCEPT FAX BIDS. 1.4 The City of Lubbock reserves the right to postpone the date and time for opening bids through an addendum. 2 PRE -BID MEETING 2.1 For the purpose of familiarizing bidders with the requirements, answering questions, and issuing addenda as needed for the clarification of the Invitation to Bid (ITB) documents, a non -mandatory pre -bid meeting __. will be held at 9:00 a.m., February 8, 2006 in Conference Room 204, 1625 13" Street, Lubbock, Texas. - All persons attending the meeting will be asked to identify themselves and the prospective bidder they represent. 2.2 It is the bidder's responsibility to attend the pre -bid meeting though the meeting is not mandatory. The City will not be responsible for providing information discussed at the pre -bid meeting to bidders who do not attend the pre -bid meeting. 3 ADDENDA & MODIFICATIONS 3.1 Any changes, additions, or clarifications to the ITB are made by ADDENDA information available over the Internet at http://www.RFPdgpot.com. We strongly suggest that you check for any addenda a minimum of forty-eight hours in advance of the response deadline. BUSINESSES WITHOUT INTERNET ACCESS may use computers available at most public libraries. 3.2 Any bidder in doubt as to the true meaning of any part of the specifications or other documents may request an interpretation thereof from the Purchasing & Contract Management Department. At the request of the bidder, or in the event the Purchasing & Contract Management Department deems the interpretation to be substantive, the interpretation will be made by written addendum issued by the - = Purchasing & Contract Management Department. Such addenda issued by the Purchasing & Contract Management Department will be available over the Internet at http://www.RFPdepot.com and will become part of the proposal package having the same binding effect as provisions of the original ITB. NO VERBAL EXPLANATIONS OR INTERPRETATIONS WILL BE BINDING. In order to have a request for interpretation considered, the request must be submitted in writing and must be received by the City of - Lubbock Purchasing & Contract Management Department no later than five (5) days before the bid closing date. 1 3.3 All addenda, amendments, and interpretations of this solicitation shall be in writing. The City of Lubbock shall not be legally bound by any amendment or interpretation that is not in writing. Only information supplied by the City of Lubbock Purchasing & Contract Management Department in writing or in this ITB should be used in preparing bid responses. All contacts that a bidder may have had before or after receipt of this ITB, with any individuals, employees, or representatives of the City and any information that may have been read in any news media or seen or heard in any communication facility regarding this bid should be disregarded in preparing responses. 3.4 The City does not assume responsibility for the receipt of any addendum sent to bidders 4 EXAMINATION OF DOCUMENTS AND REQUIREMENTS 4.1 Each bidder shall carefully examine all ITB documents and thoroughly familiarize itself with all requirements before submitting a bid to ensure that their bid meets the intent of these specifications. 4.2 Before submitting a bid, each bidder shall be responsible for making all investigations and examinations that are necessary to ascertain conditions and requirements affecting the requirements of this Invitation to Bid. Failure to make such investigations and examinations shall not relieve the bidder from obligation to comply, in every detail, with all provisions and requirements of the Invitation to Bid. 4.3 Notices of any discrepancies or omissions in these plans, specifications, or contract documents, shall be given to the Director of Purchasing & Contract Management and a clarification obtained before the bids are received, and if no such notice is received by the Director of Purchasing & Contract Management prior to the opening of bids, then it shall be deemed that the bidder fully understands the work to be included and has provided sufficient sums in its bid to complete the work in accordance with these plans and specifications. If bidder does not notify Director of Purchasing & Contract Management before bidding of any discrepancies or omissions, then it shall be deemed for all purposes that the plans and specifications are sufficient and adequate for completion of the project. It is further agreed that any request for clarification must be submitted no later than five (5) calendar days prior to the opening of bids. BID PREPARATION COSTS 5.1 Issuance of this ITB does not commit the City of Lubbock, in any way, to pay any costs incurred in the preparation and submission of a bid. 5.2 The issuance of this ITB does not obligate the City of Lubbock to enter into contract for any services or equipment. 5.3 All costs related to the preparation and submission of a bid shall be paid by the bidder 6 TRADE SECRETS, CONFIDENTIAL INFORMATION AND THE TEXAS PUBLIC INFORMATION ACT 6.1 If you consider any portion of your bid to be privileged or confidential by statute or judicial decision, including trade secrets and commercial or financial information, clearly identify those portions. 6.2 The City of Lubbock will honor your notations of trade secrets and confidential information and decline to release such information initially, but please note that the final determination of whether a particular portion of your bid is in fact a trade secret or commercial or financial information that may be withheld from public inspection will be made by the Texas Attorney General or a court of competent jurisdiction. In the event a public information request is received for a portion of your bid that you have marked as being confidential information, you will be notified of such request and you will be required to justify your legal position in writing to the Texas Attorney General pursuant to Section 552.305 of the Government Code. In the event that it is determined by opinion or order of the Texas Attorney General or a court of competent jurisdiction that such information is in fact not privileged and confidential under Section 552.110 of the Government Code and Section 252.049 of the Local Government Code, then such information will be made available to the requester. 6.3 Marking your entire bid CONFIDENTIAL/PROPRIETARY is not in conformance with the Texas Open Records Act. 7 LICENSES PERMITS TAXES The price or prices for the work shall include full compensation for all taxes, permits, etc. that the bidder is or may be required to pay. UTILIZATION OF LOCAL BUSINESS RESOURCES Prospective bidders are strongly encouraged to explore and implement methods for the utilization of local resources, and to outline in their bid submittal how they would utilize local resources. _ 9 CONFLICT OF INTEREST 9.1 The bidder shall not offer or accept gifts or anything of value nor enter into any business arrangement with any employee, official or agent of the City of Lubbock. 9.2 By signing and executing this bid, the bidder certifies and represents to the City the bidder has not offered, conferred or agreed to confer any pecuniary benefit or other thing of value for the receipt of special treatment, advantage, information, recipient's decision, opinion, recommendation, vote or any other exercise of discretion concerning this bid. 10 CONTRACT DOCUMENTS 10.1 All work covered by the contract shall be done in accordance with contract documents described in the General Conditions. 10.2 All bidders shall be thoroughly familiar with all of the requirements set forth on the contract documents for the construction of this project and shall be responsible for the satisfactory completion of all work contemplated by said contract documents. __. 11 PLANS FOR USE BY BIDDERS It is the intent of the City of Lubbock that all parties with an interest in submitting a bid on the project covered by the contract documents be given a reasonable opportunity to examine the documents and prepare a bid without charge or forfeiture of deposit. The contract documents may be examined without charge as noted in the Notice to Bidders. 12 BIDDER INQUIRIES AND CLARIFICATION OF REQUIREMENTS 12.1 It is the intent and purpose of the City of Lubbock that this request permit competitive bids. It shall be the bidder's responsibility to advise the Director of Purchasing & Contract Management if anv language. requirements, etc., or any combinations thereof, inadvertently restricts or limits the requirements stated in this ITB to a single source. Such notification must be submitted in writing and must be received by the City of Lubbock Purchasing & Contract Management Office no later than five (5) calendar days before the bid closing date. A review of such notifications will be made. 12.2 NO BIDDER SHALL REQUEST ANY INFORMATION VERBALLY. ALL REQUESTS FOR ADDITIONAL INFORMATION OR CLARIFICATION CONCERNING THIS INVITATION TO wa BID (ITB) MUST BE SUBMITTED IN WRITING NO LATER THAN FIVE (5) CALENDAR DAYS PRIOR TO THE BID CLOSING DATE AND ADDRESSED TO: BRUCE MACNAIR, INTERIM PUBLIC WORKS CONTRACTING OFFICER City of Lubbock 1625 13`h Street Lubbock, Texas 79401 Fax: (806) 775-3326 Email: bmacnair(a mylubbock.us RFPDepot: http://www.RFPdgpot.com 13 TIME AND ORDER FOR COMPLETION L 3.1 The construction covered by the contract documents shall be substantially completed within 30 (THIRTY) WORKING DAYS from the date specified in the Notice to Proceed issued by the City of Lubbock to the successful bidder. 13.2 The Contractor will be permitted to prosecute the work in the order of his own choosing, provided, however, the City reserves the right to require the Contractor to submit a progress schedule of the work contemplated by the contract documents. In the event the City requires a progress schedule to be submitted, and it is determined by the City that the progress of the work is not in accordance with the progress schedule so submitted, the City may direct the Contractor to take such action as the City deems necessary to ensure completion of the project within the time specified. 14 PAYMENT All payments due to Contractor shall be made in accordance with the provisions of the General Conditions of the contract documents. 15 AFFIDAVITS OF BILLS PAID The City of Lubbock reserves the right, prior to final acceptance of this project to require the Contractor to execute an affidavit that all bills for labor, materials and incidentals incurred in the construction of the improvements contemplated by the contract documents have been paid in full and that there are no claims pending, of which the Contractor has been notified. 16 MATERIALS AND WORKMANSHIP The intent of these contract documents is that only materials and workmanship of the best quality and grade will be furnished. The fact that the specifications may fail to be sufficiently complete in some detail will not relieve the Contractor of full responsibility for providing materials of high quality and for protecting them adequately until incorporated into the project. The presence or absence of a representative of the City on the site will not - relieve the Contractor of full responsibility of complying with this provision. The specifications for materials and methods set forth in the contract documents provide minimum standards of quality, which the Owner believes necessary to procure a satisfactory project. - 17 GUARANTEES 17.1 All equipment and materials incorporated in the project and all construction shall be guaranteed against defective materials and workmanship. Prior to final acceptance, the Contractor shall furnish to the Owner, a written general guarantee which shall provide that the Contractor shall remedy any defects in the work, and pay for any and all damages of any nature whatsoever resulting in such defects, when such defects appear within ONE year from date of final acceptance of the work as a result of defective materials or workmanship, at no cost to the Owner (City of Lubbock). 17.2 Notwithstanding any provisions contained in the contractual agreement, the Contractor represents and warrants fault -free performance and fault -free result in the processing date and date -related data (including, but not limited to calculating, comparing and sequencing) of all hardware, software and firmware products delivered and services provided under this Contract, individually or in combination, as the case may be from the effective date of this Contract. Also, the Contractor warrants calculations will be recognized and accommodated and will not, in any way, result in hardware, software or firmware failure. The City of Lubbock, at its sole option, may require the Contractor, at any time, to demonstrate the procedures it intends to follow in order to comply with all the obligations contained herein. 17.3 The obligations contained herein apply to products and services provided by the Contractor, its sub- contractor or any third party involved in the creation or development of the products and services to be delivered to the City of Lubbock under this Contract. Failure to comply with any of the obligations contained herein, may result in the City of Lubbock availing itself of any of its rights under the law and under this Contract including, but not limited to, its right pertaining to termination or default. 17.4 The warranties contained herein are separate and discrete from any other warranties specified in this Contract, and are not subject to any disclaimer of warranty, implied or expressed, or limitation to the 4 Contractor's liability which may be specified in this Contract, its appendices, its schedules, its annexes or any document incorporated in this Contract by reference. 18 PLANS FOR THE CONTRACTOR The contractor will be furnished one set of plans and specifications, and related contract documents for his use during construction. Plans and specifications for use during construction will only be furnished directly to the Contractor. The Contractor shall then distribute copies of plans and specifications to suppliers, subcontractors or others, as required for proper prosecution of the work contemplated by the Contractor. 19 PROTECTION OF THE WORK The Contractor shall be responsible for the care, preservation, conservation, and protection of all materials, supplies, machinery, equipment, tools, apparatus, accessories, facilities, and all means of construction, and any and all parts of the work whether the Contractor has been paid, partially paid, or not paid for such work, until the date the City issues its certificate of completion to Contractor. The City reserves the right, after the bids have been opened and before the contract has been awarded, to require of a bidder the following information: (a) The experience record of the bidder showing completed jobs of a similar nature to the one covered by the intended contract and all work in progress with bond amounts and percentage completed. (b) A sworn statement of the current financial condition of the bidder. (c) Equipment schedule. 20 TEXAS STATE SALES TAX 20.1 This contract is issued by an organization which qualifies for exemption provisions pursuant to provisions of Article 20.04 of the Texas Limited Sales, Excise and Use Tax Act. 20.2 The Contractor must obtain a limited sales, excise and use tax permit which shall enable him to buy the materials to be incorporated into the work without paying the tax at the time of purchase. 21 PROTECTION OF SUBSURFACE LINES AND STRUCTURES It shall be the Contractor's responsibility to prosecute the work contemplated by the contract documents in such a way as to exercise due care to locate and prevent damage to all underground pipelines, utility lines, conduits or other underground structures which might or could be damaged by Contractor during the construction of the - project contemplated by these contract documents. The City of Lubbock agrees that it will furnish Contractor the location of all such underground lines and utilities of which it has knowledge. However, such fact shall not relieve the Contractor of his responsibilities aforementioned. All such underground lines or structures cut or damaged by Contractor during the prosecution of the work contemplated by this contract shall be repaired immediately by Contractor to the satisfaction of the City of Lubbock, Texas, at Contractor's expense. 22 BARRICADES AND SAFETY MEASURES The contractor shall, at his own expense, furnish and erect such barricades, fences, lights and danger signals, and shall take such other precautionary measures for the protection of persons, property and the work as may be necessary. The Contractor will be held responsible for all damage to the work due to failure of barricades, signs, and lights to protect it, and when damage is incurred, the damaged portion shall be immediately removed and - replaced by Contractor at his own cost and expense. The Contractor's responsibility for maintenance of barricades, signs, and lights shall not cease until the date of issuance to Contractor of City's certificate of acceptance of the project. 23 EXPLOSIVES 23.1 The use of explosives will not be permitted unless written permission to do so is obtained by the Contractor from the City. In all cases where written permission is obtained for the use of explosives, the Contractor shall assume full responsibility for all damage, which may occur as a direct or indirect result of the blasting. In addition, in all cases where explosives are authorized to be used, the Contractor shall use utmost care so as not to endanger life or property and the Contractor shall further use only such ,, 5 methods as are currently utilized by persons, firms, or corporations engaged in similar type of construction activity. 23.2 Explosive materials shall not be stored or kept at the construction site by the Contractor. 23.3 In all cases where explosives are to be used during the construction of the project contemplated by this contract, it shall be the duty of the Contractor to notify each utility company having structures (above or below the ground) in proximity to the site of the work of Contractor's intention to use explosives, and such notice shall be given sufficiently in advance to enable the companies to take such steps as they may deem necessary to protect their property from injury. Such notice, however, shall not relieve the Contractor of responsibility for any damage resulting from his blasting operations. 24 CONTRACTOR'S REPRESENTATIVE The successful bidder shall be required to have a responsible local representative available at all times while the work is in progress under this contract. The successful bidder shall be required to furnish the name, address and telephone number where such local representative may be reached during the time that the work contemplated by this contract is in progress. 25 INSURANCE 25.1 The Contractor shall not commence work under this contract until he has obtained all insurance as required in the General Conditions of the contract documents, from an underwriter authorized to do business in the State of Texas and satisfactory to the City. Proof of coverage shall be furnished to the City and written notice of cancellation or any material change will be provided ten (10) days in advance of cancellation or change. All policies shall contain an agreement on the part of the insurer waiving the right to subrogation. The Contractor shall procure and carry at his sole cost and expense through the life of this contract, insurance protection as hereinafter specified. Coverage in excess of that specified herein also shall be acceptable. Such insurance shall be carried with an insurance company authorized to transact business in the State of Texas and shall cover all operations in connection with this contract, whether performed by the Contractor or a subcontractor, or separate policies shall be provided covering the operation of each subcontractor. A certificate of insurance specifying each and all coverages shall be submitted before contract execution. 25.2 PROOF OF COVERAGE SHALL BE FURNISHED TO THE CITY OF LUBBOCK IN THE FORM OF A CERTIFICATE OF INSURANCE. THE INSURANCE CERTIFICATES FURNISHED SHALL NAME THE CITY OF LUBBOCK AS A PRIMARY ADDITIONAL INSURED AND PROVIDE A WAIVER OF SUBROGATION IN FAVOR OF THE CITY OF LUBBOCK AS REQUIRED BELOW, OR IN THE ALTERNATIVE, SHALL BE ACCOMPANIED BY A STATEMENT FROM THE CONTRACTOR TO THE EFFECT THAT NO WORK ON THIS PARTICULAR PROJECT SHALL BE SUBCONTRACTED. IT SHALL BE THE CONTRACTOR'S RESPONSIBILITY TO PROVIDE TO THE OWNER ALL PROOF OF COVERAGE INSURANCE DOCUMENTS INCLUDING WORKERS COMPENSATION COVERAGE FOR EACH SUBCONTRACTOR. 26 LABOR AND WORKING HOURS 26.1 Attention of each bidder is particularly called to the schedule of general prevailing rate of per diem wages included in these contract documents. The wage rate that must be paid on this project shall not be less than specified in the schedule of general prevailing rates of per diem wages as above mentioned. The bidders' attention is further directed to the requirements of Article 5159a, Vernon's Annotated Civil Statutes providing for the payment of the wage schedules above mentioned and the bidder's obligations thereunder. The inclusion of the schedule of general prevailing rate of per diem wages in these contract documents does not release the Contractor from compliance with any wage law that may be applicable. Construction work under this contract requiring an inspector will not be performed on weekends or holidays unless the following conditions exist: 26.1.1 The project being constructed is essential to the City of Lubbock's ability to provide the necessary service to its citizens. 6 26.1.2 Delays in construction are due to factors outside the control of the Contractor. The Contractor is approaching the penalty provisions of the contract and Contractor can show he has made a diligent effort to complete the contract within the allotted time. 26.2 Before construction work requiring an inspector is to be performed on weekends or holidays, the Contractor must notify the Owner's Representative not less than three full working days prior to the weekend or holiday he desires to do work and obtain written permission from the Owner's Representative to do such work. The final decision on whether to allow construction work requiring an inspector on weekends or holidays will be made by the Owner's Representative. 26.3 In any event, if a condition should occur or arise at the site of this project or from the work being done under this contract which is hazardous or dangerous to property or life, the Contractor shall immediately commence work, regardless of the day of the week or the time of day, to correct or alleviate such condition so that it is no longer dangerous to property or life. 27 PAYMENT OF EMPLOYEES AND FILING OF PAYROLLS The contractor and each of his subcontractors shall pay each of his employees engaged in work on the project under this contract in full (less mandatory legal deductions) in cash, or by check readily cashable without discount, not less often than once each week. The Contractor and each of his subcontractors engaged at the site of the work shall not later than the seventh day following the payment of wages, file with the Owner's Representative, or Engineer, a certified, sworn, legible copy of such payroll. This shall contain the name of each employee, his classification, the number of hours worked on each day, rate of pay, and net pay. The affidavit shall state that the copy is a true and correct copy of such payroll, that no rebates or deductions (except as shown) have been made, or will in the future be made from the wages paid as shown thereon. The Contractor must classify employees according to one of the classifications set forth in the schedule of general prevailing rate of per diem wages, which schedule is included in the contract documents. The Contractor shall forfeit as a penalty to the City of Lubbock on whose behalf this contract is made, ten dollars for each laborer, workman, or mechanic employed for each calendar day, or portion thereof, such laborer, workman or mechanic is paid less than the wages assigned to his particular classification as set forth in the schedule of general prevailing rate of per diem wages included in these contract documents. 28 PROVISIONS CONCERNING ESCALATION CLAUSES Bids submitted containing any conditions which provide for changes in the stated bid price due to increases or decreases in the cost of materials, labor or other items required for the project will be rejected and returned to the bidder without being considered. 29 PREPARATION FOR BID 29.1 The bidder shall submit his bid on forms furnished by the City. All blank spaces in the form shall be correctly filled in and the bidder shall state the price both in words and numerals, for which he intends to do the work contemplated or furnish the materials required. Such prices shall be written in ink, distinctly and legibly, or typewritten. In case of discrepancy between the price written in words and the price written in figures, the price written in words shall govern. 29.2 If the bid is submitted by an individual, his name must be signed by him or his duly authorized agent. If a bid is submitted by a firm, association, or partnership, the name and address of each member must be given and the bid signed by a member of the firm, association or partnership, or person duly authorized. If the bid is submitted by a company or corporation, the company or corporate name and business address must be given, and the bid signed by an official or duly authorized agent. Powers of attorney authorizing agents or others to sign bids must be properly certified and must be in writing and submitted with the bid. The bid shall be executed in ink. 29.3 Each bid shall be enclosed in a sealed envelope, addressed as specified in the Notice to Bidders, and endorsed on the outside of the envelope in the following manner: 28.3.1 Bidder's name 28.3.2 Bid for (description of the project). 7 29.4 Bid submittals may be withdrawn and resubmitted at any time before the time set for opening of the bids, but no bid may be withdrawn or altered thereafter. 29.5 Pursuant to Texas Local Government Code 252.043(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. 30 BOUND COPY OF CONTRACT DOCUMENTS Bidder understands and agrees that the contract to be executed by bidder shall be bound and include the following: (a) Notice to Bidders. (b) General Instructions to Bidders. (c) Bidder's Submittal. (d) Statutory Bond (if required). (e) Contract Agreement. (f) General Conditions. (g) Special Conditions (if any). (h) Specifications. (i) Insurance Certificates for Contractor and all Sub -Contractors. 0) All other documents made available to bidder for his inspection in accordance with the Notice to Bidders. If Plans and Specifications are too bulky or cumbersome to be physically bound, they are to be considered incorporated by reference into the aforementioned contract documents. 31 QUALIFICATIONS OF BIDDERS The bidder may be required before the award of any contract to show to the complete satisfaction of the City of Lubbock that it has the necessary facilities, ability, and financial resources to provide the service specified therein in a satisfactory manner. The bidder may also be required to give a past history and references in order to satisfy the City of Lubbock about the bidder's qualifications. The City of Lubbock may make reasonable investigations deemed necessary and proper to determine the ability of the bidder to perform the work, and the bidder shall furnish to the City of Lubbock all information for this purpose that may be requested. The bidder's bid may be deemed not to meet specifications or the bid may be rejected if the evidence submitted by, or investigation of, the bidder fails to satisfy the City of Lubbock that the bidder is properly qualified to carry out the obligations of the contract and to complete the work described therein. Evaluation of the bidder's qualifications shall include: (a) The ability, capacity, skill, and financial resources to perform the work or provide the service required. (b) The ability of the bidder to perform the work or provide the service promptly or within the time specified, without delay or interference. (c) The character, integrity, reputation, judgment, experience, and efficiency of the bidder. (d) The quality of performance of previous contracts or services. (e) The safety record of the Contractor and proposed Sub -Contractors Before contract award, the recommended contractor for this project may be required to show that he has experience with similar projects that require the Contractor to plan his work efforts and equipment needs with City of Lubbock specifications in mind. Demonstration of experience shall include a complete list of ALL similar municipal and similar non -municipal current and completed projects for the past three (3) years for review. This list shall include the names of supervisors and type of equipment used to perform work on these projects. In addition, the Contractor may be required to provide the name(s) of supervisor(s) that will be used to perform work on this project in compliance with City of Lubbock specifications herein. 32 13ID_AWARD 32.1 The City of Lubbock reserves the right to reject any or all bids, reject any particular item on a bid, and to waive immaterial formalities and to accept the offer most advantageous to the City of Lubbock in its sole discretion. Unless otherwise specified herein, the City shall award the bid based on the total bid for Bid Items 1 through 3 plus the sum of any Alternate Bids the City may select. 32.2 All bids are evaluated for compliance with specifications before the bid price is considered. Response to specifications is primary in determining the best low bid. Failure to comply with the specifications may result in disqualification of the bid. 32.3 In case of tie bids, preference will be given to local bidders. Consistent and continued tie bidding may be cause for rejection of bids by the City of Lubbock and/or investigation by the Attorney General to determine possible Anti -Trust violations. 32.4 Before the City may award a bid to a nonresident bidder, the nonresident bidder's bid must be lower than _ lowest bid submitted by a responsible Texas bidder by the same margin or amount that a Texas bidder would be required to underbid the nonresident bidder in the nonresident bidders' home state. 32.5 Any contract made, or purchase order issued, as a result of this Invitation to Bid, shall be entered into the State of Texas and under the laws of the State of Texas. In connection with the performance of work, the Bidder agrees to comply with the Fair Labor Standard Act, Equal Opportunity Employment Act, and all other applicable Federal, State, and Local laws, regulations, and executive orders to the extent that the same may be applicable. 32.6 NO INDIVIDUAL OF ANY USING DEPARTMENT HAS THE AUTHORITY TO LEGALLY AND/OR FINANCIALLY COMMIT THE CITY TO ANY CONTRACT, AGREEMENT OR PURCHASE ORDER FOR GOODS OR SERVICES, UNLESS SPECIFICALLY SANCTIONED BY THE REQUIREMENTS OF THIS INVITATION TO BID. 9 BID SUBMITTAL BID SUBMITTAL UNIT PRICE BID CONTRACT DATE: _ PROJECT NUMBER: # 0 0-BM - REET DRAINAGE IMPROVEMENTS AT VARIOUS LOCATIONS Bid of V (hereinafter called Bidder) -1 To the Honorable Mayor and City Council City of Lubbock, Texas (hereinafter called Owner) Gentlemen: The Bidder, in compliance with your Invitation to Bid for the construction of a STREET DRAINAGE IMPROVEMENTS 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 price to cover all expenses incurred in performing the work required under the contract documents. Estimated Item Quantity _ No. & Unit Description of Item Total Amount 1. 190 LF City of Lubbock curb and gutter replacement, as detailed, to match _ existing surface, including dowels, jointing, earthwork and subgrade preparation, sawcutting, pavement repair and all disposal, complete. MATERIALS: J��/op �--3 7 SO /LF( (llt�� 9 o v0 J TOTAL �,v of BID ITEM #I :� � l �l �iCi 4� � L " 1 �1��1 t � f��� ��(��� c0 Y tab $ J(/LF( �� � ) (Unit Price Amounts shall be shown in both words and numerals. In \iak of iscrepancy, the amount shown in words shall govern.) 2 270 SF Reinforced concrete alley return as detailed, including all necessary earthwork and subgrade preparation, jointing, reinforcement, pavement repair and disposal, complete. MATERIALS:: laSiEC' '�i ©—, �i �1 �U " $ L4 /SF( I ) �-- DSO LABOR: 11 D C�t1c ,JO / L`t� $ C /SF( ) TOTAL pp c (�C) a BID ITEM #2: � U'� f1 �(�, � C� t�C� W�100$ /SF( (Unit Price Amoun 'shall be shown in both words and numerals. 1n case of discrepancy, the amount sh wn in words shall govern.) I r` Bidder's Initials Estimated Item Quantity No. & Unit Description of Item Total Amount 3. 2,300 SF Asphalt berm as detailed, including all necessary earthwork and subgrade preparation, hot mix removal and disposal, complete. MATERIALS:. f�� 6& ck!_) C7�(\c� t� ' $ ?) ✓SF( LABOR: L _"o 0� (�jloo $ -7 /SF( Ii�.l OCR-' ) TOTAL (� BID ITEM #3: 1=n CV C)_A c� (Unit Price kmounts shall be shown in both words and nu TOTAL BID -ITEMS #1 - #3 P o In case of discrepancy, the amount shown in words shall govern.) MATERIALS: _ &ija 0 A4 kC)) S) ek_ f A ��-- `tpo$ 145 00 ( SQL �p� ) d LABOR:, Wt OL V c,0 $ 35, , ( c�QQ(Qc) ) TOTAL BID / o c,o ITEMS #1 - #3: L1� 0 7 CL,(1 Cl 1110 )_- —� $ - ( � I. S0c ) (Unit Price Amounthhall Je shown in both words and numerals. Id case of discrepancy, the amount shown in words shall govem.) ALTERNATE: (ALTERNATE TO SUBSTITUTE BID ITEM NO.3) Estimated Item Quantity No. & Unit Description of Item Total Amount A-1. 2,300 SF Reinforced concrete berm as detailed, including all necessary earthwork and subgrade preparation, hot mix removal, jointing, reinforcement and disposal, complete. 01 MATERIALS: I—W (� D�W� A (Do $ Lt 90 /SF( LABOR: KG i� c1 A�� at, A '110o $ /SF( 0)51%(q(),C ) TOTAL ALTERNATE _ �O ITEM A-1: o A $�/SF(J �, ) (Unit Price Amounts shall be shown in both words and numerals. In case of discrepancy, the a u shown in words shall govern.) Bidder's Initials 2 ®TOTAL ALTERNATE BID- BID ITEMS #1, #2 and ALTERNATE ITEM #A-l: olD MATERIALS: � � `� �i (i , ok- RCS 'Vt co TOTAL ALTERNATE BM — BID ITEMS #l, #2 AND ALTERNATE _a ITEM A-1: t (Unit Price mo ts` h l be shown in both words and numerals. In case of discrepancy, the amount shown in words shall govern.) Bidder hereby agrees to commence the work on the above project on or before a date to be specified in a written "Notice to Proceed" of the Owner and to substantially complete the project within 30 (THIRTY) working days thereafter as stipulated in the specifications and other contract documents. Bidder hereby further agrees to pay to Owner as liquidated damages the sum of $100 (ONE HUNDRED) for each working day in excess of the time set forth herein above -, for completion of this project, all as more fully set forth in the general conditions of the contract documents. Bidder understands and agrees that this bid submittal shall be completed and submitted in accordance with instruction number 29 of the General Instructions to Bidders. Bidder understands that the Owner reserves the right to reject any or all bids and to waive any formality in the bidding. The Bidder agrees that this bid shall be good and may not be withdrawn for a period of thirty (30) calendar days - after the scheduled closing time for receiving bids. `I The undersigned Bidder hereby declares that he has visited the site of the work and has carefully examined the plans, specifications and contract documents pertaining to the work covered by this bid, and he further agrees to commence work on or before the date specified in the written notice to proceed, and to substantially complete the work on which he has bid; as provided in the contract documents. Bidders are required, whether or not a payment or performance bond is required, to submit a cashier's check or certified check issued by a bank satisfactory to the City of Lubbock, or a bid bond from a reliable surety company, payable without recourse to the order of the City of Lubbock in an amount not less than five percent (5%) of the total amount of the bid submitted as a guarantee that bidder will enter into a contract, obtain all required insurance policies, and execute all necessary bonds (if required) within ten (10) days after notice of award of the contract to him. Iials Enclosed wG!�,this bid is a Cashier's Check or Certified Check for Dollars ($ - or a Bid Bond in the sum of Dollars ($ ), which it is agreed shall be collected and retained by the Owner as liquidated damages in the event the 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: Addenda No. Date Addenda No. Date Addenda No. Date Addenda No. Date (Printed or Typed Name) A/4�s C pa Address C,t 5 Co-�'T 33 State AW ode Telepho e:r66 - 32 Fax: & MA"E Firm: Woman I American Native American Hispanic American I Asian Pacific American I Other (Specify) t- 2. 3. 4. 5. 6. 7. 8. 9. 10. Li L a. Ll LIST OF SUBCONTRACTORS Minority Owned 0 THIS FORM SHALL BE COMPLETED AND RETURNED ALONG WITH INSURANCE CERTIFICATES FOR EACH SUB -CONTRACTOR PURSUANT TO SECTION 28G OF THE GENERAL CONDITIONS. CITY OF LUBBOCK INSURANCE REQUIREMENT AFFIDAVIT To Be Completed by Bidder And Attached to Bid Submittal I, the undersigned Bidder, certify that the insurance requirements contained in this bid document have been reviewed by me with the below identified Insurance Agent/Broker. If I am awarded this contract by the City of Lubbock, I will be able to, within ten (10) business days after being notified of such award by the City of Lubbock, furnish a valid insurance certificate to the City meeting all of the requirements defined in this bid/proposal. (Print or CONTRACTOR'S FIRM ADDRESS: ►G 6(�)-- (// ., Name of Agent/Broker:-- Address of Agent/Broker: 73�—' City/State/Zip: Agent/Broker Telephone Number: Date: '�2 / 0 6 NOTE TO CONTRACTOR If the time requirement specified above is not met, the City has the right to reject this bid/proposal and award the contract to another contractor. If you have any questions concerning these requirements, please contact the Director of Purchasing & Contract Management for the City of Lubbock at (806) 775-2165. BID # 06-010-BM - STREET DRAINAGE IMPROVEMENTS AT VARIOUS LOCATIONS 6 SAFETY RECORD QUESTIONNAIRE (Must Be Submitted With Bid Submittal) The City of Lubbock City Council desires to avail itself of the benefits of Section 252.0435 of the Local Government Code, and consider the safety records of potential contractors prior to awarding bids on City contracts. Pursuant to Section 252.0435 of the Local Government Code, City of Lubbock has adopted the following written definition and criteria for accurately determining the safety record of a bidder prior to awarding bids on City contracts. The definition and criteria for determining the safety record of a bidder for this consideration shall be: The City of Lubbock shall consider the safety record of the bidders in determining the responsibility thereof. The City may consider any incidence involving worker safety or safety of the citizens of the City of Lubbock, be it related or caused by • environmental, mechanical, operational, supervision or any other cause or factor. Specifically, the City may consider, among other things: a. Complaints to, or final orders entered by, the Occupational Safety and Health Review Commission (OSHRC), against the bidder for violations of OSHA regulations within the past three (3) years. b. Citations (as defined below) from an Environmental Protection Agency (as defined below) for violations within the past five (5) years. Environmental Protection Agencies include, but are not necessarily limited to, the U.S. Army Corps of Engineers (USACOE), the U.S. Fish and Wildlife Service (USFWS), the Environmental Protection Agency (EPA), the Texas Commission on Environmental Quality (TCEQ), the Texas Natural Resource Conservation Commission (TNRCC) (predecessor to the TCEQ), the Texas Department of State Health Services (DSHS), the Texas Parks and Wildlife Department (TPWD), the Structural Pest Control Board (SPCB), agencies of local governments responsible for enforcing environmental protection or worker safety related laws or regulations, and similar regulatory agencies of other states of the United States. Citations include notices of violation, notices of enforcement, suspension/revocations of state or federal licenses or registrations, fines assessed, pending criminal complaints, indictments, or convictions, administrative orders, draft orders, final orders, and judicial final judgments. C. Convictions of a criminal offense within the past ten (10) years, which resulted in bodily harm or death. d. Any other safety related matter deemed by the City Council to be material in determining the responsibility of the bidder and his or her ability to perform the services or goods required by the bid documents in a safe environment, both for the workers and other employees of bidder and the citizens of the City of Lubbock. In order to obtain proper information from bidders so that City of Lubbock may consider the safety records of potential contractors prior to awarding bids on City contracts, City of Lubbock requires that bidders answer the following three (3) questions and submit them with their bids: QUESTION ONE LLf 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. QUESTION TWO Has the bidder, or the firm, corporation, partnership, or institution represented by the bidder, or anyone acting for such firm, corporation, partnership or institution, received citations for violations of environmental protection laws or regulations, of any kind or type, within the past five years? Citations include notice of violation, notice of enforcement, suspension/revocations of state or federal licenses, or registrations, fines assessed, pending criminal complaints, indictments, or convictions, administrative orders, draft orders, final orders, and judicial final judgments. YES NO� If the bidder has indicated YES for question number two above, the bidder must provide to City of Lubbock, with its bid submission, the following information with respect to each such conviction: Date of offense or occurrence, location where offense occurred, type of offense, final disposition of offense, if any, and penalty assessed. QUESTION THREE Has the bidder, or the firm, corporation, partnership, or institution represented by bidder, or anyone acting for such firm, corporation, partnership, or institution, ever been convicted, within the past ten (10) years, of a criminal offense which resulted in serious bodily injury or death? YES NO - If the bidder has indicated YES for question number three above, the bidder must provide to City of Lubbock, with its bid submission, the following information with respect to each such conviction: Date of offense, location where offense occurred, type of offense, final disposition of offense, in any, and penalty assessed. ACKNOWLEDGEMENT THE STATE OF TEXAS COUNTY OF LUBBOCK I certify that I have made no willful misrepresentations in this Questionnaire nor have I withheld information in my statements and answers to questions. I am aware that the information given by me in this questionnaire will be investigated, with my full permission, and that any misrepresentatigo pkonussions may cause m bid�to be rejected. Title 8 SUSPENSION AND DEBARMENT CERTIFICATION Federal Law (A-102 Common Rule and OMB Circular A-110) prohibits non -Federal entities from contracting with or making sub -awards under covered transactions to parties that are suspended or debarred or whose principals are suspended or debarred. Covered transactions include procurement contracts for goods or services equal to or in excess of $25,000 and all non -procurement transactions (e.g., sub -awards to sub -recipients). a Contractors receiving individual awards of $25,000 or more and all sub -recipients must certify that their organization and its principals are not suspended or debarred by a Federal agency. Before an award of $25,000 or more can be made to your firm, you must certify that your organization and its principals are not suspended or debarred by a Federal agency. I, the undersigned agent for the firm named below, certify that neither this firm nor its principals are suspended or debarred by a Federal agency. COMPANY NAME: v llyt Signature of Company Official: X Date Signed: -, Printed name of company official signing above: / 9 M PAYMENT BOND BOND NO. F18147 STATUTORY PAYMENT BOND PURSUANT TO SECTION 2253.021(a) OF THE TEXAS GOVERNMENT CODE (CONTRACTS MORE THAN $25,000) KNOW ALL MEN BY THESE PRESENTS, that M&S Concrete Company (hereinafter called the Principal(s), as Principal(s) and ACSTAR Insurance Company (hereinafter called the Surety(s), as Surety(s), are held and firmly bound unto the City of Lubbock (hereinafter called the Obligee), in the amount of Forty Five Thousand Six Hundred Dollars ($ 45, 600.00 ) 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 2nd day of May ,20 06,to Contract #6674 ITB #06-010—BM Street Drainage Improvements at Various Locations - 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 ._. 26th day of May 20 06 . ACSTAR Insurance Company M&S Concrete Company Surety (Company Name) *By:_ (Title) Iry W. Nozko, Jr. resident 1 (Title) BOND NO. F18147 The undersigned surety company represents that it is duly qualified to do business in Texas, and hereby designates Allied Surety 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. ACSTAR Insurance Company Surety * By: (Title) Henry W. Nozko, Jr. President Approved as to form: ,. City of bbock r By: ity ttome * Note: If signed by an officer of the Surety Company there must be on file a certified extract from the by-laws showing that this person has authority to sign such obligation. If signed by an Attorney in Fact, we must have copy of power of attorney for our files. 2 CERTIFICATE OF INSURANCE U C PRaoca Blm . CERTIFICATE OF LIABILITY INSURANCE InsuranceAge>�y, Inc. �INvE THIS CERTIFICATE IS ISSUED Al 5143 69th Street ONLY AND CONFERS NO RlmF P.O. Box 65028 HOLDER. THIS CERTIFICATE no Lubbock TX 79464 ALTER THC COVERAGE AFFORD INSURED A4 & S Concrete Company INSURERS AFFORDING COVERAGE PO Box 8241 IN vansto >I c Levelland TX 79338 Vic• COVERAGE$ I uRER Er OAT! (IBN/pD/ytiryY) 06/21/296 NAIL # THE i GIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE MVBURED v _ ANY I�IIMBNT, TEI�q OR CONDITION OF ANY CONTRACT OR pTHER ppCUMENT WITH RLSBECT TO WHICH TH13 Cq{TIFICATE MAY Bg Igg POLI TAIN, THE INSURANCE AFFORpEB 8Y THE p"OLICIES bE3CRIBED I�REIN tS SLR pq O T TER�418. ExCL g� b�AT�D. NPIWITF�gTANdINt3 J' PduC1E8. AdC3REc3ATr;TS SNpyaN MAY HAVE BEEN REbUCEo 9Y PAId Ci,AIMS, UEp NSR NS ANO CONDITIONS OR SUCH IERAL 1LIAe1L" CU2iOM87 fc AAERCIAL GENE LLkuelLmr 06/19/20M CLAU1$ MADe 2D OCCUR $500 de . L AGGRSGA LIMITAPPL1fia PER; QmmILE LIAee.m ANY AUTO ALL OWMW AUTOS SCHEDULED AlrTO& HIRED ALffW NON.pWN6D AUTOS DOE LIA�rY ANY AUTO BJUL19RE OCCUR ,, CLAIMS MADE DEOUCT18Le WORMR$ COMPENSATION AND 4101"YEFW UABUN AO lrhIETORIPARTNER XROUTIVE BER R%rLUOED9 R desalye under OTHER 06-23-06P12:k RCVD EaCO IINd D SINGLE umT ((p.r n $ fP� LM'f vURY ¢ der4. OMMGE s ONLY - GA ACCID 2VTH t THAN .ICJ f TO NLV: I IQRIPTION OF oPERAnONa I LOcaTIONS r vENrcLEa f E)ICW� ON$ ADDRD BY ENDORSEMENT r SPECIAL PRObIa+ON3 -:775.3326 . "ti�cate holder is a Primary Additional Insured with re gard -6ficatc bolder wid, regard to general liabili to general liability coverage. A waiver of subrogation applies to _ ty coverage. CANCELLATION SHOIB p ANY OF THE ABOVE omCRIWD POLICIES BE CANCELI.BD BBFOj THE Qf{pRATIQN CityofLubbo4 DATE TFRRSOR, THE 188uBrG I NBNRER WILL ENDEAVOR TO gArL _ DAYS Wran PO Box ZOflO NOTICE TO THE CERTIFICATE HOLDER NAMED To THE LEFT, BUT FAILURE TO Do So $HALL Lubbock TX 79457 IMPOSE NO OBLIGATION OR LIABelrY OF ANY KNiO UPON THE INSUW% ITS AGENTS OR A AUTIHORM FMPQ 6>ENr A t/tJIJ 25 (2GO1M) 41 ACORD ACCRD CERTIFICATEPF LIABILITY INSURANCE DATE(fAlMl1D01YYYY)o5/z3/2006 I'RODUC Blcd30c Insurance Agency, Inc. THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE 5143 69th Strw HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR P.O. Box 65028 ALTER THE COVERACE AFRORdED AY THE POLICiED SELaW. Lubbock 794E+4 INSURERS AFFORDING COVERAGE NAIC S uluo M & S Concrete Company INJURER A: Unitdn County Muifua 1 0 PO Box 8241 I INsu ER 0 Levelleuotd TX 79338 I - i t ealas Mutual Insura=e Co. 10 COV11RAGES ANY POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR O'I Ot DOCUMENT WITH RESPECT TO WHICH THI$ CERTIFICATE MAY BE WUED OR ( 4Y PERTAIN, THE INSURANCE AFFORDED BY THE PO `ICIE8 DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICES. AGGREGATE LIMITS SHOWN MAY HAVE BEEtq REDUCED BY PAID CLAIMS. sit, Y tilmselt Y fF T E Y PI Ti R ERAL Ummy C MLIERCl4L "NETtAL LMILITY CLAIMS MAM OCCUR EAC5 ' '4 A F� �— PERSONAL A GENERAL A013REOATE PRODUCTS • COMP40P AOG _ A00AEO&TE LIMIT AP I S PER: POLICY F-1 P LUC E A OMOBIL! LJA Urif ANY AUTO ALL OWNED AUTO$ SCHEDULED AUTOS HIREDAUTOS NON -OWNED AUTOS 1 CNCCZ7873009-01 12/10/2005 12/10/2006 COMBINED SINGLE LIMIT (ES scNdanl) ; 500000 X (Per Person) INJURY E BODILY INJURY (Per accident)) X PROPERTY (PefsecideM)AMAGE ' LqLAAar; UAIRL"AUTO AW AUTO ONLY - EA ACCIDENT S OTH£R THAN GA ACC AUTO ONLY.AGO E I E0WIkRicLt�ILRY OCCUR [LI CLAIMS MADE DFOUCTIB6G 4 H R- 1 E i E E WORMRS COMPENSAMN AND EMPLOVEW LIAMIUff ANY PROF IST q��ARTNEt�E GUtTM OFFICERtMEM66p EXCLub&M MW14=8 SPIP0001158 28 OW 112005 06/21/2006 sT o 61. MH ACCIV_NT S I3CAM - CA EMP= _EL, DlagM- POLICY LIMIT 500M i DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES I M(CLUSIONS ADDED by ENDORSEMENT t SPECtAL PROYISIONB 1F&%:775 3326 'Certificate holder is Additional Insured with regard to Auto Liability coverage. A Waiver of Subrogation applies with regard ),to Auto Liability and Worktrs Comp covcrnge. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES 9E CANCELLED BEFOJ THE EXPIRATiO City of Lubbock DATE THEREOP. THE ISSUING INSURER WILL ENDEAVOR TO MAIL 1(I DAYS WRITTE PO Box 2044 NOTICE TO THE CERTiRCATE HOLDER NAMR6 NAMED TO THE LEFT, BUT FAII.YTO 09 SO SHAL IMPOSE NO 08LIGAMN OR LI"LUTY OF ANY KIND UPON THE INSURER, ITS AGENTS 0 Lubbock Tat 79457 AUTHORl2ED REPRESENTA7 Ce E - ACORD 25 (2001100) (a ACORR CORPORATION 19 CONTRACTOR CHECKLIST A CONTRACTOR SHALL: (1) provide coverage for its employees providing services on a project, for the duration of the project based on proper reporting of classification codes and payroll amounts and filling of any coverage agreements; (2) provide a certificate of coverage showing workers' compensation coverage to the governmental entity prior to beginning work on the project; (3) provide the governmental entity, prior to the end of the coverage period, a new certificate of coverage showing extension of coverage, if the coverage period shown on the contractor's current certificate of coverage ends during the duration of the project; (4) obtain from each person providing services on a project, and provide to the governmental entity: (A) a certificate of coverage, prior to that person beginning work on the project, so the governmental entity will have on file certificates of coverage showing coverage for all persons providing services on the project; and (B) no later than seven days after receipt by the contractor, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (5) retain all required certificates of coverage on file for the duration of the project and for one year thereafter; (6) notify the governmental entity in writing by certified mail or personal delivery, within ten (10) days after the contractor knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project; (7) post a notice on each project site informing all persons providing services on the project that they are required to be covered, and stating how a person may verify current coverage and report failure to provide coverage. This notice does not satisfy other posting requirements imposed by the Act or other commission rules. This notice must be printed in at least 19-point normal type, and shall be in both English and Spanish and any other language common to the worker population. The text for the notices shall be the following text provided by the commission on the sample notice, without any additional words or changes: REQUIRED WORKERS' COMPENSATION COVERAGE "The law requires that each person working on this site or providing services related to this construction project must (see reverse) be covered by workers' compensation insurance. This includes persons providing, hauling, or delivering equipment and materials, or providing labor or transportation or other service related to the project, regardless of the identity of their employer or status as an employee." "Call the Texas Workers' Compensation Commission at (512)440- 3789 to receive information on the legal requirement for coverage, to verify whether your employer has provided the required coverage, or to v y 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. PROOF OF COVERAGE SHALL BE FURNISHED TO THE CITY OF LUBBOCK IN THE FORM OF A CERTIFICATE OF INSURANCE. THE INSURANCE CERTIFICATES FURNISHED SHALL NAME THE CITY OF LUBBOCK AS A PRIMARY ADDITIONAL INSURED AND PROVIDE A WAIVER OF SUBROGATION IN FAVOR OF THE CITY OF LUBBOCK, OR IN THE ALTERNATIVE, SHALL BE ACCOMPANIED BY A STATEMENT FROM THE CONTRACTOR TO THE EFFECT THAT NO WORK ON THIS PARTICULAR PROJECT SHALL BE SUBCONTRACTED. IT SHALL BE THE CONTRACTOR'S RESPONSIBILITY TO PROVIDE TO THE OWNER ALL PROOF OF COVERAGE INSURANCE DOCUMENTS INCLUDING WORKERS COMPENSATION COVERAGE FOR EACH SUBCONTRACTOR. CONTRACT CONTRACT #6674 STATE OF TEXAS COUNTY OF LUBBOCK j THIS AGREEMENT, made and entered into this �6`h day ofAvril, 2006 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 M & S Concrete Company of the City of Levelland, County of Hockley 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 #06-010-BM - STREET DRAINAGE IMPROVEMENTS AT VARIOUS LOCATIONS - $45,600 and all extra work in connection therewith, under the terms as stated in the contract documents and at his (or their) own proper cost and expense to furnish all materials, supplies, machinery, equipment, tools, superintendence, labor, insurance and other accessories and services necessary to complete the said construction in accordance with the contract documents as defined in the General Condition of Agreement. M & S Concrete Company's bid dated February 21, 2006 is incorporated into and made a part of this agreement. The CONTRACTOR hereby agrees to commence work within ten days after the date written notice to do so shall have been given to him and to substantially complete same within the time specified in the contract documents. The OWNER agrees to pay the CONTRACTOR in current funds for the performance of the contract in accordance with the bid submitted therefore, subject to additions and deductions, as provided in the contract documents and to make Y' payment on account thereof as provided therein. IN WITNESS WHEREOF, the parties to these presents have executed this agreement in Lu k, Lubbock County, Texas in the year and day first above written. CITY OF IJO> OCK, MXAS (OWNER): USA ATTEST: City ecretary COMPLETE APPROVED AS Company4 Address Owner's City, State, ip , E-ttA ' ATTEST: Corporate Secretary GENERAL CONDITIONS OF THE AGREEMENT GENERAL CONDITIONS OF THE AGREEMENT 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 M & S CONCRETE COMPANY who has agreed to perform the work embraced in this contract, or their legal representative. 3. OWNER'S REPRESENTATIVE Whenever the word Owner's Representative or representative is used in this contract, it shall be understood as referring to, City of Lubbock, or its representative KEITH SMITH ASSISTANT CITY ENGINEER, so designated who will inspect constructions; or to such other representatives, supervisors, architects, engineers, or inspectors as may be authorized by said Owner to act in any particular under this agreement. Engineers, supervisors or inspectors will act for the Owner under the direction of Owner's Representative, but shall not directly supervise the Contractor or persons acting on behalf of the Contractor. 4. CONTRACT DOCUMENTS The contract's documents shall consist of the Notice to 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 will look exclusively to Contractor for any payments due Subcontractor. 7. WRITTEN NOTICE Written notice shall be deemed to have been duly served if delivered in person to the individual or to a member of the firm or to an officer of the corporation for whom it is intended, or if delivered at or sent certified mail to the last business address known to the party who gives the notice. CONTRACTOR'S RESPONSIBILITIES Unless otherwise stipulated, the Contractor shall provide and pay for all materials, supplies, machinery, equipment, tools, superintendence, labor, insurance, and all water, light, power, fuel, transportation and all other facilities necessary for the execution and completion of the work covered by the contract documents. Unless otherwise specified, all materials shall be new and both workmanship and materials shall be of a good quality. The Contractor shall, if required, furnish satisfactory evidence as to the kind and quality of materials. Materials or work described in words which so applied have well known, technical or trade meaning shall be held to refer such recognized standards. All work shall be done and all materials furnished in strict conformity with the contract documents. 9. SUBSTANTIALLY COMPLETED The term "Substantially Completed" is meant that the structure or project contemplated by the contract documents has been made suitable for use or occupancy or the facility is in a condition to serve its intended purpose, but still may require minor miscellaneous work and adjustment. 10. LAYOUT Except as specifically provided herein, the Contractor shall be responsible for laying out all work and shall accomplish this work in a manner acceptable to the Owner's Representative. The Owner's Representative will check the Contractor's layout of all major structures and any other layout work done by the Contractor at Contractor's request, but this check does not relieve the Contractor of the responsibility of correctly locating all work in accordance with the Plans and Specifications. 11. KEEPING OF PLANS AND SPECIFICATIONS ACCESSIBLE The Contractor shall be furnished copies of all Plans and Specifications without expense to Contractor and Contractor shall keep one copy of same consistently accessible on the job site. 12. RIGHT OF ENTRY The Owner's Representative may make periodic visits to the site to observe the progress or quality of the executed work and to determine, in general, if the work is proceeding in accordance with the contract documents. Owner's Representative will not be required to make exhaustive or continuous onsite inspections to check the quality or quantity of the work, nor will Owner's Representative be responsible for the construction means, methods, techniques, sequences or procedures, or the safety precautions incident thereto. Notwithstanding the Owner's Representative's rights of entry hereunder, the Owner's Representative will not be responsible for the Contractor's failure to perform the work in accordance with the Contract Documents. 13. LINES AND GRADES All lines and grades shall be furnished by the Owner's Representative whenever Owner's Representative deems said lines and grades are necessary for the commencement of the work contemplated by these contract documents or the completion of the work contemplated by these contract documents. Whenever necessary, Contractor shall suspend its work in order to permit Owner's Representative to comply with this requirement, but such suspension will be as brief as practical and Contractor shall be allowed no extra compensation therefore. The Contractor shall give the Owner's Representative ample notice of the time and place where lines and grades will be needed. All stakes, marks, etc., shall be carefully preserved by the Contractor, and in case of careless destruction or removal by Contractor, its Subcontractors, or its employees, such stakes, marks, etc., shall be replaced by the Owner's Representative at Contractor's expense. 14. OWNER'S REPRESENTATIVE'S AUTHORITY AND DUTY - Unless otherwise specified, it is mutually agreed between the parties to this Agreement that the Owner's Representative has the authority to review all work included herein. The Owner's Representative has the authority to stop the work whenever such stoppage may be necessary to ensure the proper execution of the contract. The Owner's Representative shall, in all cases, determine the amounts and quantities of the several kinds of work which are to be paid for under the contract documents, and shall determine all questions in relation to said -- work and the construction thereof, and shall, in all cases, decide every question which may arise relative to the execution of this contract on the part of said Contractor. The decision of the Owner's Representative shall be conclusive in the absence of written objection to same delivered to Owner's Representative within fifteen (15) calendar days of any decision or direction by Owner's Representative. In the absence of timely written objection by Contractor, as provided herein, any and all objection or objections shall be deemed waived. 15. SUPERINTENDENCE AND INSPECTION It is agreed by the Contractor that the Owner's Representative shall be and is hereby authorized to appoint from time to time such subordinate engineers, supervisors, or inspectors as the said Owner's Representative may deem proper to inspect the materials furnished and the work done under this Agreement, and to see that said material is furnished and said work is done in accordance with the specifications therefore. The Contractor shall furnish all reasonable aid and assistance required by the subordinate engineers, supervisors or inspectors for the proper inspection and examination of the work. The Contractor shall regard and obey the directions and instructions of any subordinate engineers, supervisors or inspectors so appointed, when such directions and instructions are consistent with the obligations of this Agreement and accompanying plans and specifications provided, however, should the Contractor object to any orders by any subordinate engineer, supervisor or inspector, the Contractor may within fifteen (15) calendar days make written appeal to the Owner's Representative for its decision. In the absence of timely written objection by Contractor, as provided herein, any and all objection or objections shall be deemed waived. 16. CONTRACTOR'S DUTY AND SUPERINTENDENCE The Contractor shall give personal attention to the faithful prosecution and completion of this contract and shall keep on the work, during its progress, a competent superintendent and any necessary assistants, all satisfactory to Owner's Representative. The superintendent shall represent the Contractor in its absence and all directions given to superintendent shall be binding as if given to the Contractor. It is expressly agreed that adequate supervision by competent and reasonable representatives of the Contractor is essential to the proper performance of the work and lack of such supervision shall be grounds for suspending operations of the Contractor. The work, from its commencement to completion, shall be under the exclusive charge and control of the Contractor and all risk in connection therewith shall be borne by the Contractor. The Owner or Owner's Representatives shall not be responsible for the acts or omissions of the Contractor, or any subcontractors, or any of Contractor's agents or employees, or any other persons performing any of the work. 17. CONTRACTOR'S UNDERSTANDING It is understood and agreed that the Contractor has, by careful examination, satisfied itself as to the nature and location of the work, the confirmation of the ground, the character, quality and quantity of materials to be encountered, the character of equipment and facilities needed preliminary to and during the prosecution of the work, and the general and local conditions, and all other matters which in any way affect the work under the contract documents. No oral agreement or conversation with any officer, agent, or employee of the Owner, or Owner's Representative either before or after the execution of this contract, shall affect or modify any of the terms or obligations herein contained. Subject to the rights of Owner as set forth in Paragraph 23 hereof, all modifications and/or amendments to the contract documents, shall be in writing, and executed by Owner's Representative and Contractor. Unless otherwise specified herein, all loss, expense or damage to Contractor arising out of the nature of the work to be done, or from the action of the elements, or from any unforeseen circumstance and the prosecution of the work, shall be sustained and borne by the Contractor at its own cost and expense. 18. CHARACTER OF WORKERS The Contractor agrees to employ only orderly and competent workers, skillful in the performance in the type of work required under this contract, to do the work; and agrees that whenever the Owner's Representative shall inform Contractor in writing that any man or men on the work, are, in Owner's Representative's sole opinion, incompetent, unfaithful, disorderly, or otherwise unacceptable to Owner or Owner's Representative, such man or men shall be discharged from the work and shall not again be employed on the work without the Owner's Representative's written consent. 19. CONSTRUCTION PLANT The Contractor shall provide all labor, tools, equipment, machinery and materials necessary in the prosecution and completion of this contract where it is not otherwise specifically provided that Owner shall furnish same, and it is also understood that Owner shall not be held responsible for the care, preservation, conservation, or protection of any materials, tools, equipment or machinery or any part of the work until it is finally completed and accepted. -- The building of structures for the housing of men or equipment will be permitted only at such places as the Owner's Representative shall consent or direct, and the sanitary conditions of the grounds in or about such structure shall at all times be maintained in a manner satisfactory to the Owner's Representative. 20. SANITATION Necessary sanitary conveniences for the use of laborers on the work site, properly secluded from public observation, shall be constructed and maintained by the Contractor in such manner and at such points as shall be approved by the Owner's Representative and their use shall be strictly enforced. 21. OBSERVATION AND TESTING The Owner or Owner's Representative shall have the right at all times to observe and test the work. Contractor shall make necessary arrangements and provide proper facilities and access for such observation and testing at any location wherever such work is in preparation or progress. Contractor shall ascertain the scope of any observation that may be contemplated by Owner or Owner's Representative and shall give ample notice as to the time each part of the work will be ready for such observation. Owner or Owner's Representative may reject any such work found to be defective or not in accordance with the contract documents, regardless of the stage of its completion or the time or place of discovery of such errors and regardless of whether Owner's Representative has previously accepted the work through oversight or otherwise. If any such work should be covered without approval or consent of the Owner, it must, if requested by Owner or Owner's Representative, be uncovered for examination at - Contractor's expense. In the event that any part of the work is being fabricated or manufactured at a location where it is not convenient for Owner or Owner's Representative to make observations of such work or require ' testing of said work, then in such event Owner or Owner's Representative may require Contractor to furnish 4 Owner or Owner's Representative certificates of inspection, testing or approval made by persons competent to perform such tasks at the location where that part of the work is being manufactured or fabricated. All such tests will be in accordance with the methods prescribed by the American Society for Testing and Materials or such other applicable organization as may be required by law or the contract documents. If any such work which is required to be inspected, tested, or approved is covered up without written approval or consent of the Owner or Owner's Representative, it must, if requested by the Owner or Owner's Representative, be uncovered for observation and testing at the Contractor's expense. The cost of all such inspections, tests and approvals shall be borne by the Contractor unless otherwise provided herein. Any work which fails to meet the requirements of any such tests, inspections or approvals, and any work which meets the requirements of any such tests or approvals but does not meet the requirements of the contract documents shall be considered defective, and shall be corrected at the Contractor's expense. Neither observations by the Owner or Owner's Representative, nor inspections, tests, or approvals made by Owner, Owner's Representative, or other persons authorized under the contract documents to make such inspections, tests, or approvals shall relieve the Contractor from its obligation to perform the work in accordance with the requirements of the contract documents. 22. DEFECTS AND THEIR REMEDIES It is expressly agreed that if the work or any part thereof, or any material brought on the site of the work for use in the work or selected for the same, shall be deemed by the Owner or Owner's Representative as unsuitable or not in conformity with plans, specifications and/or contract documents, the Contractor shall, after receipt of written notice thereof from the Owner's Representative, forthwith remove such material and rebuild or otherwise remedy such work so that it shall be in full accordance with the contract documents. It is further agreed that any remedial action contemplated as hereinabove set forth shall be at Contractor's expense. 23. CHANGES AND ALTERATIONS - The Contractor further agrees that the Owner may make such changes and alterations as the Owner may see fit, in the line, grade, form dimensions, plans or materials for the work herein contemplated, or any part thereof, either before or after the beginning of the construction, without affecting the validity of this contract and the accompanying bond. If such changes or alterations diminish the quantity of the work to be done, they shall not constitute the basis for a claim for damages, or anticipated profits on the work that may be dispensed with. If they increase the amount of work, and the increased work can fairly be classified under the specifications, such increase shall be paid according to the quantity actually done and at the unit price established for such work under this contract; otherwise such additional work shall be paid for as provided under Extra Work. In case the Owner shall make such changes or alterations as shall make useless any work already done or material already furnished or used in said work, then the Owner shall recompense the Contractor for any material or labor so used, and for actual expenses incurred in preparation for the work as originally planned. 24. EXTRA WORK The term "extra work" as used in this contract shall be understood to mean and include all work that may be required by the Owner or Owner's Representative to be done by the Contractor to accomplish any change, alteration or addition to the work as shown on the plans and specifications or contract documents and not covered by Contractor's 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 �x 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 6! 1 compensation to be paid to the Contractor for performing said extra work shall be determined by the following methods: Method (A) - By agreed unit prices; or Method (B) - By agreed lump sum; or Method (C) - If neither Method (A) or Method (B) be agreed upon before the extra work is commenced, then the Contractor shall be paid the lesser of the following: (1) actual field cost of the extra work, plus fifteen (15%) percent; or (2) the amount that would have been charged by a reasonable and prudent Contractor as a reasonable and necessary cost for performance of the extra work. In the event said extra work be performed and paid for under Method (C)(1), then the provisions of this paragraph shall apply and the "actual field cost" is hereby defined to include the cost of all workmen, such as foremen, timekeepers, mechanics and laborers, materials, supplies, teams, trucks, rentals on machinery and equipment, for the time actually employed or used on such extra work, plus actual transportation charges necessarily incurred, together with all expenses incurred directly on account of such extra work, including Social Security, Old Age Benefits, Maintenance Bonds, Public Liability and Property Damage and Workers' Compensation and all other insurances as may be required by law or ordinances or directed by the Owner or Owner's Representative, or by them agreed to. Owner's Representative may direct the form in which accounts of the actual field cost shall be kept and records of these accounts shall be made available to the Owner's Representative. The Owner's Representative may also specify in writing, before the work commences, the method of doing the work and the type and kind of machinery and equipment to be used; otherwise, these matters shall be determined by the Contractor. Unless otherwise agreed upon, the prices for the use of machinery and equipment shall be determined by using 100%, unless otherwise specified, of the latest Schedule of Equipment and Ownership Expenses adopted by the Associated General Contractors of America. Where practical, the terms and prices for the use of machinery and equipment shall be incorporated in the written extra work order. The fifteen percent (15%) of the actual field cost to be paid to Contractor shall cover and compensate Contractor for its profit, overhead, general superintendence and field office expense, and all other elements of cost and expense not embraced within the actual field cost as herein defined, save that where the Contractor's Camp or Field Office must be maintained primarily on account of such Extra Work, then the cost to maintain and operate the same shall be included in the "actual field cost." No claim for extra work of any kind will be allowed unless ordered in writing by Owner's Representative. In case any orders or instructions appear to the Contractor to involve extra work for which Contractor should receive compensation or an adjustment in the construction time, Contractor shall prior to commencement of such extra work, make written request to the Owner's Representative for a written order authorizing such extra work. Should a difference of opinion arise as to what does or does not constitute extra work or as to the payment therefore, and the Owner's Representative insists upon its performance, the Contractor shall proceed with the work after making written request for written order and shall keep adequate and accurate account of the actual field cost thereof, as provided under Method (C)(1). If Contractor does not notify Owner's Representative before the commencement of any extra work, any claim for payment due to alleged extra work shall be deemed waived. 25. DISCREPANCIES AND OMISSIONS It is further agreed that it is the intent of the contract documents that all work described in the 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 6 discrepancies or omissions, then it shall be deemed for all purposes that the plans and specifications are sufficient and adequate for completion of the project. It is further agreed that any request for clarification must be submitted no later than five (5) calendar days prior to the opening of bids. 26. RIGHT OF OWNER TO MODIFY METHODS AND EQUIPMENT If at any time the methods or equipment used by the Contractor are found to be inadequate to secure the quality of work with the rate of progress required under this contract, the Owner or Owner's Representative may order the Contractor in writing to increase their safety or improve their character and efficiency and the Contractor shall comply with such order. If, at any time, the working force of the Contractor is inadequate for securing the progress herein specified, the Contractor shall, if so ordered in writing, increase its force or equipment, or both, to such an extent as to give reasonable assurance of compliance with the schedule of progress. 27. PROTECTION AGAINST ACCIDENT TO EMPLOYEES AND THE PUBLIC AND GENERAL INDEMNITY The Contractor shall take out and procure a policy or policies of Workers' Compensation Insurance with an insurance company licensed to transact business in the State of Texas, which policy shall comply with the Workers' Compensation laws of the State of Texas. The Contractor shall at all times exercise reasonable precaution for the safety of employees and others on or near the work and shall comply with all applicable provisions of federal, state and municipal laws and building and construction codes. All machinery and equipment and other physical hazards shall be guarded in accordance with the "Manual of Accident Prevention in Construction" of Associated General Contractors of America, except where incompatible with federal, state or municipal laws or regulations. The Contractor, its sureties and insurance carriers shall defend, indemnify and hold harmless the Owner and all of its officers, agents and employees against any all losses, costs, damages, expenses, liabilities, claims and/or causes of action, whether known or unknown, fixed, actual, accrued or contingent, liquidated or unliquidated, including, but not limited to, attorneys' fees and expenses, in connection with, incident to, related to, or arising out of, the Contractor's or any subcontractor's, agent's or employee's, in any manner whatsoever, omission, execution and/or supervision of this contract, and the project which is the subject matter of this contract. The safety precautions taken shall be the sole responsibility of the Contractor, in its sole discretion as an Independent Contractor; inclusion of this paragraph in the Agreement, as well as any notice which may be given by the Owners or the Owner's Representative concerning omissions under this paragraph as the work progresses, are intended as reminders to the Contractor of its duty and shall not be construed as any assumption of duty to -' supervise safety precautions by either the Contractor or any of its subcontractors. 28. CONTRACTOR'S INSURANCE The Contractor shall not commence work under this contract until he has obtained all insurance as required in the General Conditions of the contract documents, from an underwriter authorized to do business in the State of ,_. Texas and satisfactory to the City. Proof of coverage shall be furnished to the City and written notice of cancellation or any material change will be provided ten (10) calendar days in advance of cancellation or change. All policies of insurance, required herein, including policies of insurance required to be provided by Contractor and its subcontractors, shall contain a waiver of any and all of the insurer's or payor's, in the event of self- insurance, rights to subrogation that any such insurer or payor, in the event of self-insurance, may acquire by virtue of payment of any loss under such insurance or self-insurance. All certificates of insurance submitted to the City in conformity with the provisions hereof shall establish such waiver. The Contractor shall procure and carry at its sole cost and expense through the life of this contract, insurance protection as hereinafter specified. Coverage in excess of that specified herein also shall be acceptable. Such insurance shall be carried with an insurance company authorized to transact business in the State of Texas and shall cover all operations in connection with this contract, whether performed by the Contractor or a subcontractor, or separate policies shall be provided covering the operation of each subcontractor. A certificate of insurance specifying each and all coverages shall be submitted prior to contract execution. PROOF OF COVERAGE SHALL BE FURNISHED TO THE CITY OF LUBBOCK IN THE FORM OF A CERTIFICATE OF INSURANCE ALONG WITH A COPY OF THE ADDITIONAL INSURED ENDORSEMENT. THE INSURANCE CERTIFICATES FURNISHED SHALL NAME THE CITY OF LUBBOCK AS A PRIMARY ADDITIONAL INSURED AND. PROVIDE A WAIVER OF SUBROGATION IN FAVOR OF THE CITY OF LUBBOCK AS REQUIRED BELOW, OR IN THE ALTERNATIVE, SHALL BE ACCOMPANIED BY A STATEMENT FROM THE CONTRACTOR TO THE EFFECT THAT NO WORK ON THIS PARTICULAR PROJECT SHALL BE SUBCONTRACTED. IT SHALL BE THE CONTRACTOR'S RESPONSIBILITY TO PROVIDE TO THE OWNER ALL PROOF OF COVERAGE INSURANCE DOCUMENTS INCLUDING WORKERS COMPENSATION COVERAGE FOR EACH SUBCONTRACTOR. A. General Liability Insurance (Primary Additional Insured and Waiver of Subrogation required) The contractor shall have Comprehensive General Liability Insurance with limits of $500,000 Combined Single Limit in the aggregate and per occurrence to include: Products & Completed Operations Hazard Contractual Liability Personal Injury & Advertising Injury Heavy Equipment Endorsement B. Owner's and Contractor's Protective Liability Insurance. For bodily injuries, including accidental death and or property damage, Not Applicable Combined Single Limit. This policy shall be submitted prior to contract execution. C. Comprehensive Automobile Liability Insurance (Primary Additional Insured and Waiver of Subrogation Required) The Contractor shall have Comprehensive Automobile Liability Insurance with limits of not less than; Bodily Injury/Property Damage, $300,000 Combined Single Limit, to include all owned and non -owned cars including: Employers Non -ownership Liability Hired and Non -owned Vehicles. The City is to be named as a primary additional insured on this policy for this specific job and copy of the endorsement doing so is to be attached to the Certificate of Insurance. D. Builder's Risk Insurance/Installation Floater Insurance. The Contractor shall obtain a Builder's Risk policy in the amount of Not Applicable of the total contract rp ice (100% of potential loss) naming the City of Lubbock as insured. E. Umbrella Liability Insurance (Primary Additional Insured and Waiver of Subrogation required) The Contractor shall have Umbrella Liability Insurance in the amount of Not Applicable on all contracts with coverage to correspond with Comprehensive General Liability and Comprehensive Automobile Liability coverages. F. Worker's Compensation and Employers Liability Insurance (Waiver of Subrogation required) Worker's Compensation Insurance covering all employees whether employed by the Contractor or any Subcontractor on the job with Employers Liability of at least $500,000. 1. Definitions: Certificate of coverage ("certificate") - A copy of a certificate of insurance, a certificate of authority to self -insure issued by the commission, or a coverage agreement (TWCC-81, TWCC- 82, TWCC-83, or TWCC-84), showing statutory workers' compensation insurance coverage for the person's or entity's employees providing services on a project, for the duration of the project. Duration of the project - includes the time from the beginning of the work on the project until the Contractor's/person's work on the project has been completed and accepted by the governmental entity. Persons providing services on the project ("subcontractor" in Section 406.096, Texas Labor Code) - includes all persons or entities performing all or part of the services the Contractor has undertaken to perform on the project, regardless of whether that person contracted directly with the Contractor and regardless of whether that person has employees. This includes, without limitation, independent contractors, subcontractors, leasing companies, motor carriers, owner - operators, employees of any such entity, or employees of any entity which furnishes persons to provide services on the project. "Services" include, without limitation, providing, hauling, or delivering equipment or materials, or providing labor, transportation, or other service related to a project. "Services" does not include activities unrelated to the project, such as food/beverage vendors, office supply deliveries, and delivery of portable toilets. 2. The Contractor shall provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements, which meets the statutory requirements of Texas Labor Code, Section 401.011(44) for all employees of the contractor providing services on the project, for the duration of the project. 3. The Contractor must provide a certificate of coverage to the governmental entity prior to being awarded the contract. 4. If the coverage period shown on the Contractor's current certificate of coverage ends during the duration of the project, the Contractor must, prior to the end of the coverage period, file a new certificate of coverage with the governmental entity showing that coverage has been extended. The Contractor shall obtain from each person providing services on the project, and provide to the governmental entity: (a) a certificate of coverage, prior to that person beginning work on the project, so the governmental entity 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. The Contractor shall retain all required certificates of coverage for the duration of the project and for one year thereafter. 9 7. The Contractor shall notify the governmental entity in writing by certified mail or personal delivery, within 10 days after the Contractor knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project. A 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 fling of any coverage agreements, which meets the statutory requirements of Texas Labor Code, Section 401.011(44) for all of its employees providing services on the project, for the duration of the project; (b) provide to the Contractor, prior to that person beginning work on the project, a certificate of coverage showing that coverage is being provided for all employees of the person providing services on the project, for the duration of the project; (c) provide the Contractor, prior to the end of the coverage period, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (d) obtain from each other person with whom it contracts, and provide to the Contractor: (1) a certificate of coverage, prior to the other person beginning work on the project; and (2) a new certificate of coverage showing extension of coverage, prior to the end of the coverage period, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (e) retain all required certificates of coverage on file for the duration of the project and for one year thereafter; (f) notify the governmental entity in writing by certified mail or personal delivery, within 10 days after the person knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project; and (g) contractually require each person with whom it contracts to perform as required by paragraphs (a) - (g), with the certificates of coverage to be provided to the person for whom they are providing services. I LJ 10. By signing this contract or providing or causing to be provided a certificate of coverage, the Contractor is representing to the governmental entity that all employees of the Contractor who will provide services on the project will be covered by worker's compensation coverage for the duration of the project, that the coverage will be based on proper reporting of classification codes and payroll amounts, and that all coverage agreements will be filed with the appropriate insurance carrier or, in the case of a self -insured, with the commission's Division of Self -Insurance LA Regulation. Providing false or misleading information may subject the Contractor to administrative penalties, criminal penalties, civil penalties, or other civil actions. 10 11. The Contractor's failure to comply with any of these provisions is a breach of contract by the Contractor which entitles the governmental entity to declare the contract void if the Contractor does not remedy the breach within ten days after receipt of notice of breach from the governmental entity. G. Proof of Coverage Before work on this contract is commenced, each Contractor and subcontractor shall submit to the Owner for approval five Certificates of Insurance covering each insurance policy carried and offered as evidence of compliance with the above insurance requirements, signed by an authorized representative of the insurance company setting forth: (1) The name and address of the insured. (2) The location of the operations to which the insurance applies. (3) The name of the policy and type or types of insurance in force thereunder on the date borne by such certificate. (4) The expiration date of the policy and the limit or limits of liability thereunder on the date borne by such certificate. (5) A provision that the policy may be canceled only by mailing written notice to the named insured at the address shown in the bid specifications. (6) A provision that written notice shall be given to the City ten days prior to any change in or cancellation of the policies shown on the certificate. (7) The certificate or certificates shall be on the form (or identical copies thereof) contained in the job specifications. No substitute of nor amendment thereto will be acceptable. (8) If policy limits are paid, new policy must be secured for new coverage to complete project. (9) A Contractor shall: (a) provide coverage for its employees providing services on a project, for the duration of the project based on proper reporting of classification codes and payroll amounts and filling of any coverage agreements; (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 (�) g, p P g g p J 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 u - one year thereafter; 11 (f) notify the governmental entity in writing by certified mail or personal delivery, within 10 days after the Contractor knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project; (g) post a notice on each project site informing all persons providing services on the project that they are required to be covered, and stating how a person may verify current coverage and report failure to provide coverage. This notice does not satisfy other posting requirements imposed by the Texas Worker's Compensation Act or other commission rules. This notice must be printed with a title in at least 30 point bold type and text in at least 19 point normal type, and shall be in both English and Spanish and any other language common to the worker population. The text for the notices shall be the following text provided by the commission on the sample notice, without any additional words or changes: REQUIRED WORKERS' COMPENSATION COVERAGE "The law requires that each person working on this site or providing services related to this construction project must be covered by workers' compensation insurance. This includes persons providing, hauling, or delivering equipment or materials, or providing labor or transportation or other service related to the project, regardless of the identity of their employer or status as an employee. " "Call the Texas Workers' Compensation Commission at 8001372-7713 or 5121804-4000 (Izttp://fvww.hvcc.state.tx.us/twcccontacts.htnI to receive information of the legal requirements for coverage, to -verify whether your employer has provided the required coverage, or to report an employer's failure to provide coverage; " and (h) contractually require each person with whom it contracts to provide services on a project, to: (i) provide coverage based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements for all of its employees providing services on the project, for the duration of the project; _ (ii) provide a certificate of coverage to the Contractor prior to that person beginning work on the project; (iii) include in all contracts to provide services on the project the following language: `By signing this contract or providing or causing to be - . provided a certificate of coverage, the person signing this contract is representing to the governmental entity that all employees of the person signing this contract who will provide services on the project will be covered by workers' compensation coverage for the duration of the project, that the coverage will be based on proper reprinting of _ classification codes and payroll amounts, and that all coverage agreements will be filed with the appropriate insurance carrier or, in the case of a self -insured, with the commission's Division of Self -Insurance Regulation. Providing false or misleading information may subject the Contractor to administrative penalties, criminal penalties, civil penalties, or other civil actions."; (iv) provide the Contractor, prior to the end of the coverage period, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project; 12 (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 officers, agents and employees, harmless against any and all claims, liabilities, losses, damages, expenses and causes of action arising out of, in any way, manner or form, the demands of subcontractors, laborers, workmen, mechanics, materialmen and furnishers of machinery and parts thereof, equipment, power tools, and supplies, incurred in the performance of this contract and the project which is the subject matter of this contract. When Owner so desires, the Contractor shall furnish satisfactory evidence that all obligations of the nature hereinabove designated have been paid, discharged or waived. 31. PROTECTION AGAINST ROYALTIES OR PATENT INVENTION The Contractor shall pay all royalties and license fees, and shall provide for the use of any design, device, material or process covered by letters patent or copyright by suitable legal agreement with the Patentee or owner thereof. Without limiting, in any way, manner or form, the indemnity provided by Contractor in paragraph 27 hereof, the Contractor shall defend all suits or claims for infringement of any patent or copyrights and shall indemnify and save the Owner, and all of its officers, agents and employees harmless from any loss on account thereof, except that Owner shall defend all such suits and claims and shall be responsible for all such loss when a particular design, device, material or process or the product of a particular manufacturer or manufacturers is specified or required in these contract documents by Owner; provided, however, if choice of alternate design, device, material or process is allowed to the Contractor, then Contractor shall indemnify and save Owner, and all of its officers, agents and employees harmless from any loss on account thereof. Notwithstanding anything herein to the contrary, if the material or process specified or required by Owner and/or this contract is an infringement, the 13 Contractor shall be responsible for such loss unless it gives written notice of such infringement to the Owner's Representative prior to bidding. 32. LAWS AND ORDINANCES The Contractor shall at all times observe and comply with all federal, state and local laws, ordinances and regulations, which in any manner affect the contract or the work, and without limiting, in any way, manner or form, the indemnity provided by Contractor in paragraph 27 hereof, Contractor shall indemnify and save harmless the Owner, and all of its officers, agents, and employees against any claims arising from the violation of any such laws, ordinances, and regulations, whether by the Contractor, its employees, or subcontractors. If the Contractor observes that the plans and specifications are at variance therewith, he shall notify the Owner's Representative in writing prior to bidding and any necessary changes shall be adjusted as provided in the contract for changes in the work. In the absence of timely written notification to Owner's Representative of such variance or variances within said time, any objection and/or assertion that the plans and specifications are at variance with any federal, state or local laws, ordinances or regulations shall be deemed waived. If the Contractor, its employees or subcontractors perform any work contrary to such laws, ordinances, rules and regulations, and without such notice to the Owner's Representative, Contractor shall bear all costs arising therefrom. The Owner is a municipal corporation of the State of Texas and the law from which it derives its powers, insofar as the same regulates the objects for which, or the manner in which, or the conditions under which the Owner may enter into contracts, shall be controlling, and shall be considered as part of this contract to the same effect as though embodied herein. 33. SUBCONTRACTING The Contractor agrees that it will retain personal control and will give its personal attention to the fulfillment of this contract. The Contractor further agrees that subletting of any portion or feature of the work, or materials required in the performance of this contract, shall not relieve the Contractor from its full obligations to the Owner, as provided by the contract documents. 34. TIME FOR SUBSTANTIAL COMPLETION AND LIQUIDATED DAMAGES It is hereby understood and mutually agreed by and between the Contractor and the Owner, that the date of beginning and time for completion as specified in the contract documents, of work to be done hereunder are essential conditions of this contract; and it is further mutually understood and agreed that the work embraced in this contract shall be commenced as provided in the contract documents. __. If the Contractor should neglect, fail, or refuse to substantially complete the work within the time herein specified, then the Contractor does hereby agree as part of the consideration for the awarding of this contract, the Owner may withhold permanently from Contractor's total compensation, the sum of $100 (ONE HUNDRED) PER WORKING DAY, not as a penalty, but as liquidated damages for the breach of the contract as herein set forth for each and every working day that the Contractor shall be in default after the time stipulated for substantially completing the work. It is expressly understood and agreed, by and between Contractor and the Owner, that the time for the substantial completion of the work described herein is reasonable time for the completion of the same, taking into consideration the average climatic range and conditions and usual industrial conditions prevailing in this locality. The amount is fixed and agreed upon by and between the Contractor and the Owner because the actual damages the Owner would sustain in such event would be difficult and/or impossible to estimate, however, the amount agreed upon herein is a reasonable forecast of the amount necessary to render just compensation to Owner, and is expressly agreed to be not disproportionate to actual damages as measured at time of breach. 14 IT IS FURTHER AGREED AND UNDERSTOOD BETWEEN THE CONTRACTOR AND OWNER THAT TIME IS OF THE ESSENCE OF THIS CONTRACT. 35. TIME AND ORDER OF COMPLETION It is the meaning and intent of this contract, unless otherwise herein specifically provided, that the Contractor shall be allowed to prosecute its work at such time and sessions, in such order of precedence, and in such manner as shall be most conductive to economy of construction; provided, however, that the order and time of prosecution shall be such that the work shall be substantially completed as a whole and in part, in accordance with this contract, the plans and specifications, and within the time of completion designated in the bid; provided, also, that when the Owner is having other work done, either by contract or by its own force, the Owner's Representative may direct the time and manner of constructing work done under this contract so that conflicts will be avoided and the construction of the various works being done for the Owner shall be harmonized. The Contractor shall submit, at such times as may reasonably be requested by the Owner's Representative, schedules which shall show the order in which the Contractor intends to carry on the work, with dates at which the Contractor will start the several parts of the work and estimated dates of completion of the several parts. 36. TIME OF PERFORMANCE The Contractor agrees that it has submitted its bid in full recognition of the time required for the completion of this project, taking into consideration the average climatic range and industrial conditions prevailing in this locality, and has considered the liquidated damage provisions of paragraph 34 hereinabove set forth and expressly agrees that it shall not be entitled to, nor will it request, an extension of time on this contract, except when its work has been delayed by an act or neglect of the Owner, Owner's Representative, employees of the Owner or other contractors employed by the Owner, or by changes ordered in the work, or by strike, walkouts, acts of God or the public enemy, fire or flood. Any request for extension shall be in writing with the written request for same setting forth all justifications, in detail, for the request, and submitted to Owner's Representative within twenty (20) calendar days of the occurrence of the event causing said delay. A failure by Owner's Representative to affirmatively grant the extension no later than twenty (20) calendar days of written submission by Contractor shall be deemed a denial, and final. Further, in the absence of timely written notification of such delay and request for extension, as provided herein, any request for extension by Contractor shall be deemed waived. 37. HINDRANCE AND DELAYS In executing the contract, the Contractor agrees that in undertaking to complete the work within the time herein fixed, Contractor has taken into consideration and made allowances for all hindrances and delays incident to such work, whether growing out of delays due to unusual and unanticipated circumstances, difficulties or delays in securing material or workmen, or any other cause or occurrence. No charge shall be made by the Contractor for hindrance or delays from any cause during the progress of any part of the work embraced in this contract except where the work is stopped by order of the Owner or Owner's Representative for the Owner's convenience, in which event, such expense as in the sole judgment of the Owner's Representative that is caused by such stoppage shall be paid by Owner to Contractor. 38. QUANTITIES AND MEASUREMENTS No extra or customary measurements of any kind will be allowed, but the actual measured or computed length, area, solid contents, number and weight only shall be considered, unless otherwise specifically provided. In the ; event this contract is let on a unit price basis, then Owner and Contractor agree that this contract, including the specifications, plans and other contract documents are intended to show clearly all work to be done and material to be furnished hereunder. Where the estimated quantities are shown, and only when same are expressly stated to be estimates, for the various classes of work to be done and material to be furnished under this contract, they are approximate and are to be used only as a basis for estimating the probable cost of the work and for comparing 15 their bids offered for the work. In the event the amount of work to be done and materials to be furnished are expressly stated to be estimated, and only when same are expressly stated to be estimated, it is understood and agreed that the actual amount of work to be done and the materials to be furnished under this contract may differ somewhat from these estimates, and that where the basis for payment under this contract is the unit price method, payment shall be for the actual amount of work done and materials furnished on the project. 39. PROTECTION OF ADJOINING PROPERTY The Contractor shall take proper means to protect the adjacent or adjoining property or properties in any way encountered, which may be injured or seriously affected by any process of construction to be undertaken under this agreement, from any damage or injury by reason of said process of construction; and Contractor shall be liable for any and all claims for such damage on account of his failure to fully protect all adjacent property. Without limiting, in any way, manner and form, the indemnity provided by Contractor in paragraph 27 hereof, the Contractor agrees to indemnify, save and hold harmless the Owner, and any of its officers, agents and employees, against any and all claims or damages due to any injury to any adjacent or adjoining property, related to, arising from or growing out of the performance of this contract. 40. PRICE FOR WORK In consideration of the furnishing of all necessary labor, equipment and material and the completion of all work by the Contractor, and on the delivery of all materials embraced in this contract in full conformity with the specifications and stipulations herein contained, the Owner agrees to pay the Contractor the price set forth in the bid proposal attached hereto, which has been made a part of this contract, and the Contractor hereby agrees to receive such price in full for furnishing all materials and all labor required for the aforesaid work, also, for all expenses incurred by Contractor and for well and truly performing the same and the whole thereof in the manner and according to this agreement, the attached specifications, plans, contract documents and requirements of Owner's Representative. 41. PAYMENTS No payments made or certificates given shall be considered as conclusive evidence of the performance of the contract, either wholly or in part, nor shall any certificate or payment be considered as acceptance of defective work. Contractor shall at any time requested during the progress of the work furnish the Owner or Owner's Representative with a verifying certificate showing the Contractor's total outstanding indebtedness in connection with the work. Before final payment is made, Contractor shall satisfy Owner, by affidavit or otherwise, that there are no outstanding liens against Owner's premises by reason of any work under the contract. Acceptance by Contractor of final payment of the contract price shall constitute a waiver of all claims against Owner, Owner's agents and employees, which have not theretofore been timely filed as provided in this contract. 42. PARTIAL PAYMENTS On or before the tenth day of each month, the Contractor shall submit to Owner's Representative an application for partial payment or, if the Contractor does not submit such application, the Owner's Representative shall determine the amount to be partially paid. Owner's Representative shall review said application for partial payment if submitted, and the progress of the work made by the Contractor and if found to be in order, shall prepare a certificate for partial payment showing as completely as practical the total value of the work done by the Contractor up to and including the last day of the preceding month. The determination of the partial payment by the Owner's Representative shall be in accordance with Paragraph 14 hereof. The Owner shall then pay the Contractor on or before the fifteenth day of the current month the total amount of the Owner's Representative's Certificate of Partial Payment, less 5% of the amount thereof, which 5% shall be retained until final payment, and further, less all previous payments and all further sums that may be retained by Owner under the terms of the contract documents. 16 Any partial payment made hereunder shall not constitute a waiver by the Owner of any and all other rights to enforce the express terms of the contract documents, and all remedies provided therein, as to any and all work performed, to be performed and/or materials delivered hereunder, including, but limited to, work to which said partial payment is attributable. 43. SUBSTANTIAL COMPLETION Contractor shall give Owner's Representative written notice of substantial completion. Within thirty-one (31) working days after the Contractor has given the Owner's Representative written notice that the work has been substantially completed, the Owner's Representative and/or the Owner shall inspect the work and within said time, "j if the work be found to be substantially completed in accordance with the contract documents, the Owner's _ Representative shall issue to the Owner and Contractor a certificate of substantial completion. Notwithstanding the issuance of a certificate of substantial completion, Contractor shall proceed with diligence to finally complete the work within the time provided in this contract. 44. FINAL COMPLETION AND PAYMENT The Contractor shall give written notice to Owner's Representative of final completion. Upon written notice of final completion, the Owner's Representative shall proceed to make final measurement to determine whether final completion has occurred. If the Owner's Representative determines final completion has occurred, Owner's Representative shall so certify to the Owner. Upon certification by Owner's Representative of final completion, Owner shall pay to the Contractor on or before the 31 st working day after the date of certification of final completion, the balance due Contractor under the terms of this agreement. Neither the certification of final completion nor the final payment, nor any provisions in the contract documents shall relieve the Contractor of the obligation for fulfillment of any warranty which may be required in the contract documents and/or any warranty or warranties implied by law or otherwise. 45. CORRECTION OF WORK Contractor shall promptly remove from Owner's premises all materials condemned by the Owner's Representative on account of failure to conform to the contract documents, whether actually incorporated in the work or not, and Contractor shall at its own expense promptly replace such condemned materials with other materials conforming to the requirements of the contract documents. Contractor shall also bear the expense of restoring all work of other contractors damaged by any such removal or replacement. If Contractor does not remove and replace any such condemned work within a reasonable time after a written notice by the Owner or the Owner's Representative, Owner may remove and replace it at Contractor's expense. Neither the final payment, nor certification of final completion or substantial completion, nor any provision in the contract documents shall relieve the Contractor of responsibility for faulty materials or workmanship, and Contractor shall remedy any defects due thereto and pay for any damage to other work resulting therefrom, which shall appear within a period of one (1) year from the date of certification of final completion by Owner's Representative. 46. PAYMENT WITHHELD The Owner or Owner's Representative may, on account of subsequently discovered evidence, withhold or nullify the whole or part of any certification to such extent as may be necessary to protect itself from loss on account of: (a) Defective work not remedied and/or work not performed. (b) Claims filed or reasonable evidence indicating possible filing of claims. (c) Damage to another contractor. 17 When the above grounds are removed, or the Contractor provides a surety bond satisfactory to the Owner, in the amount withheld, payment shall be made for amounts withheld because of them. 47. CLAIM OR DISPUTE It is further agreed by both parties hereto that all questions of dispute or adjustment presented by the Contractor shall be in writing and filed with the Owner's Representative within fifteen (15) calendar days after the Owner's Representative has given any direction, order or instruction to which the Contractor desires to take exception. Timely written notice of dispute as provided in this contract of any decision by Owner's Representative or Owner shall be a condition precedent to the bringing and/or assertion of any action or claim by Contractor of any right under this Contract. If the matters set forth in the notice of dispute are not granted or otherwise responded to by Owner's Representative within fifteen (15) calendar days of receipt of notice of dispute by Owner's Representative, said objections shall be deemed denied. Any decision by the Owner's Representative, or deemed denial by the Owner's Representative, shall be final and conclusive in the absence of fraud. It is further agreed that the acceptance by the Contractor of the final payment shall be a bar to any and all claims of the Contractor, and constitute a waiver of the right to assert any claim against Owner, Owner's agents and employees and Owner's Representative, by Contractor. 48. NON-COMPLIANCE AND/OR ABANDONMENT BY CONTRACTOR In case the Contractor should (1) abandon and fail or refuse to resume work within fifteen (15) calendar days after written notification from the Owner or the Owner's Representative, or (2) if the Contractor fails to comply with the written orders of the Owner's Representative, when such orders are consistent with this contract, then the Surety on the bond shall be notified in writing and directed to complete the work and a copy of said notice shall be delivered to the Contractor. In the event a bond is not required by law, or otherwise obtained by the Contractor, no further notice of such non-compliance to Contractor shall be required. After receiving said notice of abandonment or non-compliance , the Contractor shall not remove from the work any machinery, equipment, tools, materials or supplies then on the job, but the same, together with any materials and equipment under the contract for work, may be held for use on the work by the Owner or the Surety of the Contractor, or another contractor, in completion of the work; and the Contractor shall not receive any rental or credit therefore (except when used in connection with Extra Work, where credit shall be allowed as provided for under paragraph 24 of this contract); it being understood that the use of such equipment and materials will ultimately reduce the cost to complete the work and be reflected in the final settlement. In the event the Contractor, or Surety, whichever is applicable, should fail to commence compliance with the notice hereinbefore provided within ten (10) calendar days after service of such notice, and/or shall fail to proceed with diligence to complete the project as contemplated and in compliance with all terms and provisions of the contract documents, then the Owner may exercise any and all remedies available to it pursuant to law, contract, equity or otherwise, including, but not limited to, providing for completion of the work in either of the following elective manners: (a) The Owner may employ such force of men and use of machinery, equipment, tools, materials and supplies as said Owner may deem necessary to complete the work and charge the expense of such labor, machinery, equipment, tools, materials and supplies to said Contractor, and the expense so charged shall be deducted and paid by the Owner out of such moneys as may be due, or that may thereafter at any time 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 18 (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. 50. BONDS The Contractor is required to furnish a performance bond in accordance with Chapter 2253, Government Code, in the amount of 100% of the total contract price in the event that said contract price exceeds $100,000 and the 19 Contractor is required to furnish a payment bond in accordance with Chapter 2253, Government Code, in the amount of 100% of the total contract price in the event that said contract price exceeds $25,000. All bonds shall be submitted on forms supplied by the Owner, and executed by an approved Surety Company authorized to do business in the State of Texas. It is further agreed that this contract shall not be in effect until such bonds are so furnished. 51. SPECIAL CONDITIONS In the event special conditions are contained herein as part of the contract documents and said special conditions conflict with any of the general conditions contained in this contract, then in such event the special conditions shall control. 52. LOSS OR EXPENSE DUE TO UNUSUAL OR UNANTICIPATED CIRCUMSTANCES Unless otherwise specified herein, all loss, expense or damage to the Contractor arising out of the nature of the work to be done, or from the action of the elements, or from any unforeseen circumstance or from unusual obstructions or difficulties, naturally occurring, man made or otherwise, which may be encountered in the prosecution of the work, shall be sustained and borne by the Contractor at his own cost and expense. 53. INDEPENDENT CONTRACTOR Contractor is, and shall remain, an independent contractor with full, complete and exclusive power and authority to direct, supervise, and control its own employees and to determine the method of the performance of the work covered hereby. The fact that the Owner or Owner's Representative shall have the right to observe Contractor's work during Contractor's performance and to carry out the other prerogatives which are expressly reserved to and vested in the Owner or Owner's Representative hereunder, is not intended to and shall not at any time change or effect the status of the Contractor as an independent contractor with respect to either the Owner or Owner's Representative or to the Contractor's own employees or to any other person, firm, or corporation. 54. CLEANING UP The Contractor shall at all times keep the premises free from accumulation of debris caused by the work, and at the completion of the work Contractor shall remove all such debris and also its tools, scaffolding, and surplus materials and shall leave the work room clean or its equivalent. The work shall be left in good order and condition. In case of dispute Owner may remove the debris and charge the cost to the Contractor. 55. HAZARDOUS SUBSTANCES AND ASBESTOS Hazardous Substances (herein so called), as defined in the Comprehensive Environmental Response, Compensation, and Liability Act (42 U.S.C.S. §9601(14)) and the regulations promulgated thereunder, as same may be amended from time to time, hydrocarbons or other petroleum products or byproducts and/or asbestos, in any form, shall not (i) be utilized, in any way, manner or form, in the construction of, or incorporation into, the Project; or (ii) be brought upon, placed, or located, by any party, on the Project site, or any other property of the City, without the written consent of the Owner's Representative. If Contractor believes that the utilization of a Hazardous Substance, hydrocarbons or other petroleum products or byproducts and/or asbestos is necessary in the construction of the Project, or that it is necessary to place and/or otherwise locate upon the site of the Project or other property of the City, a Hazardous Substance, hydrocarbons or other petroleum products or byproducts and/or asbestos, Contractor shall notify the Owner's Representative, and request consent therefrom, at least twenty (20) days prior to such action. Owner's Representative may grant or deny the request of Contractor and provide whatever requirements such consent, if granted, is conditioned upon, in its sole and absolute discretion. If .,. the request of Contractor is not granted, or otherwise not responded to, by Owner's Representative within five (5) days of the receipt of said request, said request shall be deemed to be denied. 20 In the event Owner's Representative shall consent to the request of Contractor, Contractor shall be responsible for ensuring that all personnel involved in the Project are (i) trained for the level of expertise required for proper performance of the actions contemplated by this Contract and, in particular, in all aspects of handling, storage, disposal and exposure of Hazardous Substances, hydrocarbons or other petroleum products or byproducts and/or asbestos; and (ii) are provided and utilize all protective equipment, including without limitation, personal protective gear, necessary to provide protection from exposure to Hazardous Substances, hydrocarbons or other petroleum products or byproducts and/or asbestos. 56. NONAPPROPRIATION All funds for payment by the City under this contract are subject to the availability of an annual appropriation for this purpose by the City. In the event of non -appropriation of funds by the City Council of the City of Lubbock for the goods or services provided under the contract, the City will terminate the contract, without termination charge or other liability, on the last day of the then -current fiscal year or when the appropriation made for the then -current year for the goods or services covered by this contract is spent, whichever event occurs first. If at any time funds are not appropriated for the continuance of this contract, cancellation shall be accepted by the Seller on thirty (30) days prior written notice, but failure to give such notice shall be of no effect and the City shall not be obligated under this contract beyond the date of termination. 21 CURRENT WAGE DETERMINATIONS RE: RESOLUTION NO.2002-R0483, NOVEMBER 14, 2002 Craft Acoustical Ceiling Installer Air Conditioner Installer Air Conditioner Installer -Helper Asbestos Worker Asbestos Supervisor Bricklayer Bricklayer -Helper Carpenter Carpenter -Helper Cement Finisher Drywall Hanger Electrician Electrician -Helper Equipment Operator -Heavy Equipment Operator -Light Fire Sprinkler Fitter -Journey Fire Sprinkler Fitter -Apprentice Floor Installer Glazier Insulator-Piping/Boiler Insulator -Helper Iron Worker Laborer -General Mortar Mixer Painter Plumber Plumber -Helper Roofer Roofer -Helper Sheet Metal Worker Sheet Metal Worker -Helper Welder -Certified EXHIBIT A City of Lubbock Building Construction Trades Prevailing Rates Hourly Rate 11.50 12.00 7.50 9.00 12.50 12.50 7.00 11.00 7.00 9.00 11.00 15.00 8.00 10.00 9.00 18.00 10.00 9.50 10.50 10.50 7.00 11.00 6.00 6.00 9.50 12.50 7.00 9.00 7.00 10.00 7.00 11.00 1 EXHIBIT B Paving and Highway Construction Prevailing Wage Rates Craft Hourly Rate Asphalt Heaterman 9.00 Asphalt Shoveler 7.50 Concrete Finisher 9.00 Concrete Finisher -Helper 7.50 Electrical Repairer -Equipment 12.50 Flagger 6.50 Form Setter 8.00 Form Setter -Helper 6.50 Laborer -General 6.00 -' Laborer -Utility 6.75 Mechanic 9.00 Mechanic -Helper 7.00 Power Equipment Operators Asphalt Paving Machine 9.00 Bulldozer 9.00 Concrete Paving Machine 9.00 Front End Loader 9.00 Heavy Equipment Operator 9.00 Light Equipment Operator 8.00 Motor Grader Operator 10.25 _ . Roller 7.00 Scraper 7.50 Tractor -Trailer 8.50 Truck Driver -Heavy 8.00 Truck Driver -Light 7.00 ME '` 2 EXHIBIT C Prevailing Wage Rates Overtime Rate The rate for overtime (in excess of forty hours per week) shall be as required by the Fair Labor Standards Act. EXHIBIT D Prevailing Wage Rates Legal Holiday Rate The rate for legal holidays shall be as required by the Fair Labor Standards Act. 3 SPECIFICATIONS CITY OF LUBBOCK PUBLIC WORKS ENGINEERING DEPARTMENT STREET DRAINAGE IMPROVEMENTS AT VARIOUS LOCATIONS PROJECT NO.90096 TYPICAL ALLEY RETURN Reiant Of curb at - NOTE: Curb and gutter. fitIota and slob to be poured together. this Dalnt la 6'. ~~ cp.4 6' Concrete slob with °p?' i.a ,g', 6x6 10/10 wire mesh g •v' •o:p•° or flber reinforcement. n q'.°' •p;q.o 3,4 Bituminous ,P•. Q.v' Dremolded Exp. Joint. S41 e Curb height transitions Otmmy contraction Joints. from 6' of street to 0• at this point. Ir side Ik•NOTE: This point of at lay return m 4' to be at Lme elevation as top of +► t' 0 ! w 8' B 1' curb on high side E.R. of street. �^ —+i0' 2.5' 0.20' INVERT ~ property Line PLAN VIEW 1 i .a 'a' Scale: t" - 5' 6x6 10/10 wire mesh or fiber reinforcement. + 1 TO BE USED WHEN ��`. c ° ° •°�q v �P,' ALLEY R.O.W. WIDTH I Oumny contraction joint. 5` 10' S' A Q L 20' ar 4 t • 5" SECTION A -A No Scale 6x6 10/10 wire mesh No. 6 rebor spaced 6' from edge of or fiber reinforcement. slab and 11•2' from bottom of slab. Locate by moans of chairs or DIgetic stokes (not metal or wood). f u NOTE, W.A. NEADOWS w1SS OR SECTION B -B NOTE, CONSTRUCTION OF THIS TYPE IS ALLOWED ONLY WHERE THE EXISTING SEALTICHT SAFE -SEAL 3405 DR ALLEY RETURN. ALLEY PAVING OR STREET GUTTER IS IN GOOD No Scale CONDITION AND GRADE AND ALIGNMENT ARE SATISFACTORY. APPROVED EDUIVALENT. 1. R t oiwn fifes)) Joint p �.a. 2' ai P'V CO 2• 4 a a.,. CONCRETE ALLEY SLAB. a 'v• t' EXISTING ALLEY RETURN. ALLEY / 6x6 latlo wire rash C} 4., / a,q ,a , PAVING OR STREET GUTTER, Or fiber reinforcew t. Z •�'q ° e v . A,. P• W 6x6 10/10 wire meAh or fiber relnfarc°nrnt. 4� b�••a �_ •e.Pq•, t Q iZ TRANSVERSE I ULWY GROOVE °� t2'----■.+ " N AC ION J INT c !Required at told joints and Note, All Concrete shown to be 3,000 P.S.1. of 7 Qays. (Class a hj `.., every 13 feet of paving.) 5% Air ± 1 1/2%. S.S sock/C.Y. IM1n.I. d NO 5co1n 15.5 gal./C.Y. (Max. Water). 3' SluRp (Max.)' i N N•$.11. 3-25-03 Lri 2 1,2" 81TUMINOUS - EXPANSICN JOINT CONCRE-E WAL< TO REUAINI V - 7V Q v n v ,, 2 se" NOTES: 1. CUMUY JOINTS TO BE CONSTRUCTED AT 10 FOOT INTERVALS. 2. D0WELS TO BE DR:_LED 6' INTO EXISTING CURB AN) GUTTER. 24" 1t,z NOT MIX ASPHALTIC CONCRET_ SXWCUT 6 4" [TYPE D) ` TACK COAT Q COMPACTED SUBGRADE CURB AND GUTTER AND PAVING REPAIR TYPICAL SECTION 1' MIN. BITUMINOUS PAVEMEN- ` 2—SACK7LOWA8_E FILL CITY OF LUBBOCK STREET / DRAINAGE ENGINEERING STANDARD PAVING SPECIFICATIONS July 15, 2003 CITY OF LUBBOCK STREET/DRAINAGE ENGINEERING STANDARD PAVING SPECIFICATIONS TABLE OF CONTENTS SECTION PAGE NUMBER 1.1 GENERAL 1 1.2 Specifications 1 1.3 Warranty and Acceptance 1 1.4 Testing and Inspection 2 1.5 Cleanup and Site Restoration 2 1.6 Notification of Property Owners 2 1.7 Protection of Utilities and Irrigation Systems 2 1.8 Water for Construction 3 2.1 CONCRETE 4 2.2 Classification 4 2.3 Mix Design 5 2.4 Strength Requirements 6 2.5 Cement 6 2.6 Aggregate 6 2.7 Flowable Fill 7 2.8 Water 7 4 2.9 Admixtures 8 2.10 Reinforcing Materials 8 2.11 Joints 9 2.12 Joint Sealing Materials 9 2.13 Curing Compounds 10 2.14 Forms for Concrete 10 2.15 Placing and Finishing Concrete 11 F 3.1 SUBGRADE 12 4.1 FLEXIBLE BASE (CALICHE) 13 4.2 Materials Tests 13 4.3 Flexible Base Construction 14 5.1 ASPHALT STABLIZED BASE (ASB) 14 5.2 ASB Mix design 15 5.3 Placing ASB 15 5.4 ASB Compaction 16 6.1 HOT MIX ASPHALT CONCRETE SURFACE (HMAC) 16 6.2 Thickness of HMAC Surface 17 6.3 Mix Design 17 6.4 Coarse Aggregate 19 6.5 Fine Aggregate 19 6.6 Asphalt 20 6.7 Placing HMAC 20 6.8 Compaction 21 6.9 Prime and Tack Coats 22 6.10 Emulsified Asphalt Sealer 23 7.1 STORM SEWER 23 7.2 Reinforced Concrete Pipe 23 7.3 Mortar 23 7.4 Preformed Bituminous Gasket Joints 24 7.5 Manholes 24 7.6 Manhole Frames and Covers 25 7.7 Construction Methods 26 7.8 Excavation 26 7.9 Pipe Installation 27 7.10 Backfilling 28 7.11 Trench Protection 29 8.1 FENCES 30 9.1 SALVAGE OF ASPHALT PAVING 30 10.1 BARRICADES E 11.1 PROSECUTION OF THE WORK AND WORKING DAYS 31 11.2 Working Days Definition 31 11.3 Work Between November 1 and January 2 32 12.1 MEASUREMENT AND PAYMENT 12.2 Curb and Gutter 12.3 Concrete Flat Slabs 12.4 Curb Ramps 12.5 Concrete Drainage Channel 12.6 Retaining Wall or Curb on Drain Channel or Curb Ramp 12.7 Concrete Median 12.8 Concrete Street Paving 12.9 Sawing and Sealing Joints 12.10 Storm Sewer Inlet Boxes and Manholes 12.11 Headwalls 12.12 Storm Sewer Pipe 12.13 Extra Vertical Feet of Manhole 12.14 Curb and Gutter Removal 12.15 Concrete Slab Removal 12.16 2 Sack Flowable Fill 12.17 Asphalt Paving 12.18 Asphalt Paving Repair 12.19 Excavation and Grading 12.20 Ditch Grading and Unpaved Street Surface Grading 13.1 STANDARD DETAILS Street Crown Elevations Typical Asphalt Street Cross -sections Typical 24 inch Curb and Gutter Typical30 inch Curb and Gutter Concrete Valley Gutter Alley Return and Alley Paving Tee Alley Typical Handicap Ramp 33 33 33 34 34 34 34 34 35 35 35 35 35 36 36 36 36 36 37 37 37 CITY OF LUBBOCK STREET / DRAINAGE ENGINEERING STANDARD PAVING SPECIFICATIONS 1.1 GENERAL The construction and materials for any City of Lubbock Street/Drainage Engineering project shall conform to the following specifications and associated plan sheets. Any construction or materials failing to meet the requirements of these specifications or the plan sheets shall be removed and replaced at the Contractor's expense. No consideration will be given to requests for reduced payments, except as specified, or extended warranties for construction or materials not in conformance with these specifications or the plan sheets. The Engineer may require certificates from manufacturers certifying that materials or equipment to be incorporated into the work meet these specifications. Material Safety Data Sheets (MSDS) shall be required on all materials. All materials or equipment shall be subject to approval by the Engineer before being incorporated into any project. After approval, the source and/or character of materials shall not be changed without written authorization by the Engineer The term Engineer used in these specifications may refer to the City of Lubbock City Engineer or an individual designated by the City Engineer to administer these specifications and associated plans. 1.2 SPECIFICATIONS Any references to these specifications, ASTM, AASHTO, TxDOT, or other designated tests, procedures, quality standards, or requirements which are included in these specifications or any associated plans shall be the latest edition and revision thereof When information indicated on plan sheets is different from these specifications, the information on the plans shall govern. 1.3 WARRANTY AND ACCEPTANCE All equipment, materials, and construction incorporated into any project covered by these specifications shall be guaranteed against defective material and workmanship. Prior to Li final acceptance, the contractor shall furnish to the Engineer, a written guarantee which shall provide that the contractor shall remedy any defects in the work, and pay for any and all damages of any nature whatsoever resulting in or from such defects when such defects appear within one year from the date of acceptance of the work. The determination of the necessity during the warranty period for the contractor to repair or replace the work in whole or in part shall rest with the Engineer. 1.4 TESTING AND INSPECTION All work shall be inspected and/or tested by a representative designated by the Engineer, who shall have the authority to halt construction when, in his opinion, construction is being performed contrary to these specifications or associated plans. Whenever any -' portion of these specifications or associated plans is violated, the Engineer may order that portion of construction that is in violation to cease until such violation is corrected. Contractor shall cooperate with the Engineer in providing for sampling and testing procedures. In the event City tests indicate out of specification materials, additional tests may be provided by the contractor at his expense. Conflicting tests provided by the contractor will not automatically be considered as compliance with specifications, but will be considered only as additional information to be used by the Engineer to determine the acceptance status of the material or construction in question. Upon completion of construction, the contractor shall flood all paving improvements within the project. Any improvements holding water one quarter inch or more in depth, or extending more than 10 feet in length shall be removed and replaced. 1.5 CLEANUP AND SITE RESTORATION After any construction covered by these specifications is completed, the Contractor shall remove all equipment, surplus materials, and rubbish from the site. The contractor shall restore all disturbed areas to their original condition satisfactory to the Engineer. 1.6 NOTIFICATION OF PROPERTY OWNERS The contractor shall be responsible for maintaining positive communication with adjacent property owners. The contractor shall notify all affected property owners with respect to pending construction, restricted access, and driveway locations. 1.7 PROTECTION OF UTILITIES AND IRRIGATION SYSTEMS The plans show only approximate locations of utilities as obtained from various utility companies. It is not implied that all utilities or accurate locations are shown on the plans. 2 It is the contractor's responsibility to familiarize himself with all utilities and locations. The contractor shall comply with all laws, ordinances, and regulations with respect to utility notification and protection, including Underground Facility Damage Prevention Notification Centers. On all projects the contractor shall exercise care not to damage any sanitary sewer pipe, manholes, storm sewers, water lines, valves and boxes, communication cables, power cables, gas lines, nor any other pipe or utility. The contractor will be responsible during the construction period for damages to any utilities. Irrigation systems affected by construction shall be properly repaired with materials equal the existing system. The repairs shall be pressure tested to the satisfaction of the Engineer prior to being covered. 1.8 WATER FOR CONSTRUCTION The City will not furnish water at no charge for construction. To use City water for construction the contractor shall acquire a water meter for use on a City fire hydrant, and will be charged the applicable rate for the quantity of water used. The contractor shall contact Lubbock Power and Light Customer Service Department (775-2509) and establish a utility account. The contractor must pay the current deposit for a fire hydrant meter. After the account is established and the deposit is paid, the contractor may pick up a meter from the City Water Department at 600 Municipal Drive. Fire hydrants shall be operated only by use an approved fire hydrant wrench. No pipe wrenches, or other unapproved devices, shall be used to open and close a fire hydrant. For top loading trucks or containers the contractor shall provide a back flow prevention __. assembly on the discharge side of the meter. The backflow prevention assembly shall be in the form of two spring loaded ball check valves. When filling the truck or container there shall be an air gap of at least two times the opening diameter of the truck or container. For bottom loading trucks the contractor shall provide a Reduced Pressure Zone (RPZ) type backflow prevention assembly. All Reduced Pressure Zone type back flow prevention assemblies must be tested, and the test results approved by the City prior to use. The test results shall be sent to the City of Lubbock Water Utilities Department, Meter and Customer Service Supervisor for approval. In accordance with City of Lubbock Ordinance No. 10208 "Pertaining to Backflow Prevention", the City representatives are authorized to suspend water use from a fire 3 hydrant by a contractor until the proper and correct backflow prevention devices are installed. 2.1 CONCRETE These specifications shall govern Portland cement concrete used for curb and gutter, valley gutters, alley paving, sidewalks, street paving, drainage channels. The concrete shall be produced at a Ready -Mix Concrete Batch Plant conforming to ASTM C 94. The concrete shall be transported to the project location in approved Revolving Drum Agitator Trucks, and shall be placed within one hour of mixing time. The concrete shall be continuously mixed during transit. No patching of any nature shall be allowed in repairing any damage to concrete improvements. Where damage occurs, the section shall be removed to the nearest joints and shall be replaced with new construction. Small cracks with no evidence of displacement may be repaired with epoxy, only where approved by the Engineer. All concrete shall have 5%, plus or minus 1-1/2%, air entrainment in conformance with ASTM C 260. All concrete street pavement shall include proper jointing as determined by the Engineer and a minimum reinforcement of number 4 bars on 18" centers both ways, or as indicated on plans. 2.2 CLASSIFICATION The following City of Lubbock classes of concrete shall be used: Class A Curb and gutter, sidewalks, curb ramps, drainage channels, medians, inlet boxes, headwalls, junction boxes, driveways, and retaining walls. Class B Valley gutters and fillets, alley returns, and alley paving. Class C Concrete street pavement. Class D Utility encasements Class E Fast setting concrete pavement such as "Fast Track" Concrete Pavement or, other special design. rd 2.3 MIX DESIGN Twenty to thirty days prior to beginning any concrete construction the contractor shall submit the following to the Engineer for approval: 1. Test certificates from an approved commercial testing laboratory on all proposed aggregate. Certificates shall indicate material source, gradation, and loss from 5 cycle Magnesium Sulfate or Sodium Sulfate test (not to exceed 18%) 2. A mix design based on water -cement ratio. 3. Results of compression tests in conformance with ASTM C 39 and/or flexural tests in conformance with ASTM C 78, made by an approved commercial testing laboratory. Tests shall be made on 6 cylinders and/or 6 beams at curing times appropriate to the class of concrete. The City Engineer will approve or reject the mix design and materials based on these submittals. This approval shall be subject to additional testing during construction. Mix designs for various classes of concrete shall conform to the following: Minimum Sacks Maximum Gal Maximum Slump Class Cement per CY Water per Sack Inches A 5.0 6.5 5 B 5.5 5.5 5 C 6.0 6.0 3 D 4.5 6.5 5 E 7.0 5.0 As specified by concrete batch plant 5 2.4 STRENGTH REQUIREMENTS The various classes of concrete shall conform to the following strengths in psi as determined by the average of two test cylinders or beams. If cores are subsequently used to prove compressive strength where test cylinders indicate failures, the required compressive strength shall be increased by 10%. COMPRESSIVE FLEXURAL Class 3 Dav 7 Dav 28 Dav A - 2100 3000 - B 2500 3000 - - C - 2500 3600 600 (28 day) D - - 2500 - E Unless otherwise specified 500 (16 hr) 2.5 CEMENT Cement shall be Type I, Type II, or Type III cements conforming to ASTM C 150 "Standard Specification for Portland Cement". Air entrained cement shall be Type IA, Type IIA, or Type IIIA conforming to ASTM C 175 "Specification for Adding Air Entraining to Portland Cement" and ASTM C 226 "Standard Specification for Air - Entraining Portland Cement". 2.6 AGGREGATE Concrete aggregate shall consist of natural, washed and screened sand, and washed and screened gravel or clean crushed stone conforming to ASTM C 33. The aggregates shall be well graded from coarse to fine with a maximum size of 1-1/2 inches, and shall conform to ASTM C 136. All aggregate shall be free of injurious amounts of clay, soft or flaky materials, loam, or organic impurities. Coarse aggregate for Class C or E concrete shall be crushed limestone ( Brownwood type or equivalent). on Fine aggregate shall be graded from fine to coarse and shall conform to ASTM C 136. The gradation for aggregate shall meet the following requirements by weight: FINE AGGREGATE COARSE AGGREGATE Sieve Percent Retained Sieve Percent Retained 3/8 inch 0 1-3/4 inch 0 No. 4 0-5 1-1/2 inch 0-5 No.16 20-55 3/4inch 30-65 No. 30 45-75 3/8 inch 70-90 No. 50 70-90 No. 4 95-100 No. 100 98-100 Maximum amounts of organic impurities shall conform to ASTM C 40 and ASTM C 87. Maximum amounts of impurities finer than the #200 sieve shall conform to ASTM C 117. Maximum amounts of soft particles shall conform to ASTM C 123. Maximum amounts of friable particles shall conform to ASTM C 142. Stockpiles shall be protected from dusty conditions by drift fences or other methods approved by the Engineer. Stockpiling methods used shall not allow aggregate to roll down the slope as it is added to existing stockpiles. Stockpiles shall be built in layers of uniform thickness. Equipment shall not be permitted to operate over the same lift repeatedly. 2.7 FLOWABLE FILL Flowable fill shall consist of a concrete mixture of pea gravel and sand with a cement content of 2 sacks per cubic yard. Flowable fill shall be used for backfill in all utility ditches within the right of way, and other areas as specified. Utility ditches in existing paved streets shall be backfilled with flowable fill from the bottom of the ditch to the paving surface. 2.8 WATER Water shall be clean, clear, free from oil, acid or organic matter and free from injurious amounts of alkali, salts, or other chemicals and shall conform to AASHTO T26. 7 2.9 ADMIXTURES Admixtures may be applied to the concrete mix design when approved by the Engineer to achieve any desired special properties. Chemical admixtures shall conform to ASTM C 494. Chemical admixtures shall not be used as a substitute for Cement. Mineral admixtures such as Fly Ash and Natural Pozzolans in conformance with ASTM C 618 may not be used with Types I, II, and III Portland Cement unless specifically approved by the Engineer. If approved only Class C or Class F fly ash may be used. When fly ash is permitted to be used, "cement" in relation to mix design shall be defined as "cement plus fly ash". Fly ash may constitute no more than 15% by absolute volume of the cement as approved by the Engineer. 2.10 REINFORCING MATERIALS GENERAL - All concrete, except for curb and gutter, shall incorporate wire mesh or fiber reinforcement, and/or other reinforcement as indicated on plan sheets. Metal - reinforcement shall be grade 40 (40KSI) unless indicated otherwise on plan sheets. All steel reinforcing materials shall be securely held in proper position with devices appropriate to the type of reinforcement used, subject to approval by the Engineer. STEEL - Wire mesh shall conform to ASTM A 185, and shall be 6"x 6"-10 gauge welded wire fabric, or size as indicated on plan sheets. Reinforcing bars shall be open-hearth basic oxygen or electric furnace new billet steel manufactured in accordance with ASTM A 615 and ASTM A 305. Steel reinforcing materials stored at any location shall be protected from accumulations of grease, mud or other foreign matter, and rust producing materials. When incorporated into construction, steel reinforcement shall be free from rust, scale, oil, mud, and structural defects. Dowels for slip joints shall be smooth plain round bars free from burrs, rough surfaces, and deformations. Sleeves or wrapping shall be as indicated on plan sheets. Chairs shall be used to support the reinforcing steel in the correct position while concrete is being placed. Chairs shall be made of plastic (preferred) or steel, and shall be of adequate size to positively hold the reinforcing materials in position. FIBER - Fiber reinforcement may be used in place of wire mesh only if approved by the City Engineer. Fiber reinforcement shall be either 100% virgin polypropylene, collated, fibrillated fibers specifically manufactured for use as concrete reinforcement, containing no reprocessed olefin materials, or steel fibers equivalent to Novocon Xorex. The quantity of fiber reinforcement used shall be 1.5 pounds per cubic yard, or as recommended by the fiber manufacturer. The minimum physical characteristics on the fiber shall be as follows: Specific Gravity Tensile Strength Length 2.11 JOINTS 0.91 70,000 psi to 110,000 psi 3/4" Curb and gutter (Class A concrete) shall be constructed with an expansion joint at the tangent point of each return at intersections and at intervals not more than 40 feet between the intersections. The 40 foot intervals may be omitted for machine placed curb and gutter. Construction joints formed by removable metal templates accurately shaped to the cross-section of the curb and gutter shall be located at the midpoint of each section between expansion joints, or as directed by the Engineer. Tooled contraction joints, cut at least one quarter the concrete depth, shall be placed at 10 foot intervals. Alley paving (Class B concrete) shall be constructed with an expansion joint at each cold joint. Tooled contraction joints, cut 1/2 inch wide 2 inches deep, shall be placed at 13 foot intervals. Alley paving contraction joints shall be sealed with an asphaltic sealer. Street Paving (Class C or E concrete) shall be constructed with contraction and expansion joints as indicated on plan and detail sheets. Unless otherwise specified, the joints shall be sawed 1/2 inch wide and to depth equal to 1/4 of the pavement thickness plus one half inch. Joints shall be saw cut within 12 hours of placement of the concrete paving. The joints shall be sealed with an elastomeric system as specified in section 2.12. Valley gutters and fillets shall be constructed with tooled construction joints. The joints shall be sealed with an elastomeric system as indicated in section 2.12. 2.12 JOINT SEALING MATERIALS Bituminous premolded expansion joint material shall conform to ASTM D 1751, and shall be placed as indicated on plan sheets or elsewhere in these specifications. Elastomeric sealant for contraction joints shall be, or shall be equivalent to, W.R. Q Meadows "SOF-SEAL" or "GARDOX" as required by plan sheets. Hot poured sealant for joints between Portland cement concrete and Bituminous concrete shall conform to ASTM D 3405. Hot poured joint sealant for all other joints in Portland cement concrete pavement, shall conform to ASTM D 3406. Cold poured joint sealant shall conform to ASTM C 920. Elastomeric joint sealant shall be mixed and applied in accordance with the manufacturer's recommendations. Prior to application, joints shall be cleaned by sandblasting and otherwise prepared so that the sealant adheres to the surfaces to form an effective seal against moisture and solid particles. The sealant shall be a soft, highly flexible, rubber like material after curing which shall not track, flow, crack, or break when exposed to hot and cold temperature extremes typical of local conditions. Backer rod used with elastomeric sealant shall be 25% greater in diameter than the joint width. It shall be made of polyethylene foam or other material as recommended by the sealant manufacturer. Compression of the backer rod material shall be approximately 25% shrinkage at 8 psi applied stress. The material shall not melt, shrink, evaporate, or absorb water, and shall be compatible with the application of the sealant to be used. 2.13 CURING COMPOUNDS All fresh concrete surfaces shall be completely covered with a liquid membrane forming curing compound and the application shall conform to ASTM C 309 and TxDOT Item "Membrane Curing". No other methods of moisture retention on fresh concrete shall be used unless specifically approved by the Engineer. 2.14 FORMS FOR CONCRETE Forms for concrete construction shall be set to the lines and grades established by the Engineer after subgrade has been prepared. The forms shall be held together and in place in such a manner that they will not move during the placing and working of the concrete. The forms shall be cleaned and oiled prior to placing concrete. Face forms and construction joints (removable metal plates) shall be set to hold the concrete in place until it is to be finished. Forms that are warped or damaged in any manner so as to make them unacceptable to the Engineer shall not be used. 10 Forms for radii shall be set in the same manner as straight forms, and shall be set to produce curves true to the plans. Face forms will not be required for curb and gutter on radii if a true section can be obtained by other methods acceptable to the Engineer. 2.15 PLACING AND FINISHING CONCRETE Concrete shall be placed as close to its proper location as practical. Sufficient concrete shall be placed to allow for shrinkage and extra material for finishing. The concrete shall be floated and troweled to the approximate section. No water shall be added during placement or finishing of any concrete, unless specifically authorized by the Engineer. For curb and gutter removal of face forms and finishing shall be started after a partial set occurs. For all concrete construction approved forms, templates, and tools shall be used to form the cross -sections indicated on plan or detail sheets. Concrete shall not be placed when the ambient temperature is below 40 degrees F as determined by the National Weather Service continuous broadcast. Concrete shall not be placed on frozen subgrade. The contractor shall have available sufficient covering material, approved by the Engineer, to immediately protect concrete placed less than 6 hours should the air temperature fall below 33 degrees F. This protection shall remain in place as long as the temperature continues below 32 degrees, to a maximum of 5 days. No salt or other chemical admixtures shall be added to the concrete to prevent freezing. All concrete placed for pavement shall be consolidated by use of mechanical vibrators approved by the Engineer and designed to vibrate the concrete internally. Vibrators shall be operated in a manner not to interfere with joints, and shall not come in contact with forms. The surface of concrete street paving shall incorporate a heavy broom finish, or tined finish if indicated on plans. All other concrete surfaces shall be completed with a light broom finish. Finished concrete surfaces shall not have irregularities in excess of 1/8 inch when tested w_ with a 10 foot straightedge. Prior to acceptance, the contractor shall apply sufficient water to all concrete and paving to determine locations of ponding. Ponded areas shall be removed and replaced. Any concrete construction damaged by equipment, tools, vandals, or other influences shall be replaced at the contractor's expense. 11 3.1 SUBGRADE Subgrade material for concrete or asphalt construction shall consist of suitable native soil or off site soil, free from vegetation or other objectionable matter. All unstable or objectionable material shall be removed from the subgrade and replaced with approved material. The material shall be suitable for forming a stable embankment and shall meet the following requirements: Liquid Limit 45 maximum Plasticity Index 15 maximum Linear Shrinkage 2 min - 10 max Subgrade material which does not meet the above requirements may be conditioned with lime or caliche screenings. The conditioning shall produce a uniform subgrade material which meets all of these specified subgrade requirements Subgrade shall be prepared in conformance with the lines and grades shown on the plans, or as directed by the Engineer, by scarifying and compacting to a minimum of 95% of Standard Proctor Density at optimum moisture content plus or minus 2%. Subgrade shall be constructed in maximum of 6 inch lifts. The total thickness of the subgrade shall be 6 inches minimum for streets 36 feet wide or less, 12 inches minimum for streets greater than 36 feet wide, or as indicated on plan sheets. The compaction method for subgrade shall provide for each lift to be compacted to the specified density using appropriate equipment. After each section of subgrade is complete, tests as determined necessary by the City Engineer will be made by the City of Lubbock Testing Lab with respect to moisture and density using nuclear testing equipment. At any time the City Engineer may require proof rolling on streets or alleys with a 25 ton pneumatic roller, or equivalent, to test the uniformity of compaction. All utility ditches shall be determined to be stable prior to construction of subgrade over such utility ditch. Any fill placed within existing or proposed street right of way in execution of an approved cut and fill plan shall meet these specifications for materials and construction. Cut and fill operations shall comply with Chapter 25 of the City of Lubbock Code of Ordinances. Subgrade which has become wet, or otherwise altered, after completion may be subject to retesting and reprocessing as determined by the Engineer. 12 4.1 FLEXIBLE BASE (CALICHE) The material for flexible base shall consist of crushed caliche, limestone, calcareous clay particles, conglomerate, gravel, sand, or other approved granular materials produced from oversize quarried aggregate, sized by crushing and produced from a naturally occurring - single source. Blending of sources shall be allowed only if both sources individually meet the requirements of these specifications. If material characteristics within the approved source change, the material shall be subject to retesting and re -approval prior to continued use. The Contractor shall not change material sources without approval by the Engineer. All base material sources are subject to approval by the Engineer. Approved sources that do not test consistently within the limits of these specifications during construction may be rejected by the Engineer. Flexible base material may be conditioned by addition of crushed concrete (Class A Concrete minimum). Blending of crushed concrete and caliche shall be performed at the contractor's production site. The concrete shall be processed to remove wood, steel and other contaminants before blending. The final blended material shall meet these material and performance specifications as stated herein. 4.2 MATERIAL TESTS Flexible base material shall conform to the following test requirements: Sieve Analysis Sieve Size 2-1/2" 1-3/4" 7/8" 1/2" #4 #40 %Retained 0 0-10 10-35 30-50 45-65 70-85 Atterberg Limits Material passing the No. 40 Sieve shall be known as "Soil Binder" and shall meet the -= following requirements: Liquid Limit 45 maximum Plasticity Index 15 maximum and 3 minimum Linear Shrinkage 10 maximum Wet Ball Mill When tested in accordance with Tex-116-E (Wet Ball Mill) the base material shall have a value not to exceed 55. The percent of material passing the #40 sieve shall not increase by more than 25 during the test. 13 4.3 FLEXIBLE BASE CONSTRUCTION Areas behind curbs shall be backfilled and leveled with approved topsoil prior to placing base material. Approved flexible base material shall be hauled in vehicles of uniform capacity and dumped evenly along the project length for processing and compaction. Processing shall be accomplished in multiple lifts of 3 inches compacted thickness. Each course shall be wetted and rolled with a pneumatic roller as required to produce a uniform compaction of 95% minimum of Standard Proctor Density at a moisture content 1 % to 2% below optimum. At any time the Engineer may require proof rolling with a 25 ton pneumatic roller to ensure uniform compaction of base. Processing for compaction of caliche base with a sheeps foot type roller will not be permitted. The base shall be maintained by blading, watering, or other methods until the wearing surface is placed. Windrow caliche shall not be removed until the base has passed finish inspection. Base which becomes wet, or other wise altered, may be subject to retesting and reprocessing as determined by the Engineer. The compacted flexible base shall be finished and shaped immediately proceeding the application of the surface treatment. All loose or unconsolidated material shall be removed and the surface moistened and rolled with a steel wheel roller. All irregularities, depressions, or weak spots which develop shall be corrected by scarifying, adding or removing material as required, reshaping, and recompacting, or other methods approved by the Engineer. Any deviation in the surface of the finished base in excess of 3/8 inch from the established grade or true cross-section, using a 10 foot long straight edge, shall be corrected as provided above. 5.1 ASPHALT STABILIZED BASE (ASB) Asphalt stabilized base shall consist of a compacted mixture of graded gravel aggregate and asphalt cement mixed hot in a mixing plant in accordance with these specifications. Unless otherwise specified, the materials and construction shall conform to TxDOT Item "Asphalt Stabilized Base" (Plant Mix). The contractor's plant and equipment are subject to approval by the Engineer, and shall be appropriate and in suitable condition to produce the base material consistently in compliance with these specifications. In place compaction control is required for all ASB. The material shall be placed and compacted to a minimum density as determined by TxDOT Test Method Tex-126-E. Samples of the compacted ASB will be removed by City personnel from locations designated by the Engineer to determine composition, compaction, thickness, and 14 density. The contractor shall replace the pavement removed from core holes at no cost to the City. ASB found to be deficient in composition, compaction, thickness, or density shall be corrected at the contractor's expense as directed by the Engineer. 5.2 ASB MIX DESIGN The contractor shall provide a current mix design using the approved materials indicating gradation and optimum asphalt content. The aggregate mixture shall conform to the following master gradation: Sieve Size 1-1/2" 3/4" 1/2" #4 #40 Percent Retained by Weight 0 8-30 30-55 50-70 70-90 Material passing the #40 sieve shall be known as soil binder and shall meet the following requirements: Liquid Limit shall not exceed 45 Plasticity Index shall not exceed 15 Linear Shrinkage shall not exceed 5 The mineral aggregate shall not contain more than 0.5% moisture prior to entering the pugmill for mixing with asphalt. The ASB mixture shall consist of a uniform mixture of mineral aggregate and asphaltic material. The mineral aggregate shall conform to the gradation requirements specified. The percent asphaltic material shall be determined in accordance with Test Method Tex.- 126-E or Test Method Tex.-204-F and procedures outlined in TxDOT Bulletin C-14. In no case shall the asphalt content be less than 4% or more than 9% by weight. Asphalt for the mixture shall meet the requiements of TxDOT Item "Asphalt, Oils, and Emulsions". The grade of asphalt and source must be approved by the Engineer prior to use. The contractor shall submit the mix design prepared by a qualified lab for approval by the Engineer. The Engineer will approve the asphalt content to be used in the mixture after design tests have been made with the aggregate to be used. The asphalt content of the production mixture shall not vary from the design more than 0.2% dry weight based on total mixture. 5.3 PLACING ASB ASB shall be placed and compacted in 3 inch lifts, unless otherwise directed by the Engineer. Prior to placing ASB, the subgrade shall be prepared as previously specified The cross-section shall be constructed to form the specified crown on the HMAC surface at the centerline of the street, or as indicated on the plans. 15 ASB shall not be placed when the air temperature as reported by the National Weather Service is below 45 degrees F and falling. During June, July, and August ASB shall be placed at a temperature between 255 and 285 degrees F. During other months ASB shall be placed at a temperature between 275 and 325 degrees F. Any ASB material that is _., above, or below the specified temperature range may be rejected by the engineer. No payment will be made for any rejected material. The ASB material shall be spread on the approved prepared surface using an approved spreading machine. The material shall be placed in such a manner that when properly compacted the finished course is smooth, of uniform density, and in conformance with the cross -sections and grades shown on the associated plans. 5.4 ASB COMPACTION The ASB shall be compacted thoroughly and uniformly with approved rollers to a density of 93% to 96% of Marshall density, molded at 275 degrees F. Rolling shall be continued until no further increase in density can be obtained and all roller marks are eliminated. Compaction shall be completed before the ASB mixture cools below 185 degrees F. The compacted ASB shall conform the cross -sections, lines, and grades shown on the plans or as directed by the Engineer. The surface shall be smooth and have a uniform texture acceptable to the Engineer. 6.1 HOT MIX ASPHALT CONCRETE SURFACE (HMAC) Hot mix asphalt concrete surface shall consist of a compacted mixture of coarse aggregate, fine aggregate, mineral filler (if required), and asphalt cement mixed hot in a mixing plant in accordance with these specifications. Unless otherwise specified, the materials and construction shall conform to TxDOT Item "Hot Mix Asphalt Pavement" The contractor's plant and equipment are subject to approval by the Engineer, and shall be appropriate and in suitable condition to produce the HMAC surface consistently in compliance with these specifications. Approval of the source and character of the materials shall be obtained from the Engineer prior to use. The combined mineral aggregate, after final processing by the mixing plant and prior to addition of asphalt and mineral filler, shall have a sand equivalent value of not less than 45 when tested in accordance with Test Method Tex 203-F. The percent of flat of elongated slivers of stone for any aggregate shall not exceed 25% when tested in accordance with Test Method Tex 224-F. 16 Asphaltic mixtures with aggregates which exhibit stripping characteristics shall be conditioned with either lime or liquid anti -stripping agent approved by the Engineer. Anti -stripping agents shall meet requirements of TxDOT Item "Asphalt Anti -stripping Agents", and shall be added at the manufacturer's recommended dosage and temperature range. Core samples of the HMAC surface will be removed by City personnel from locations designated by the Engineer (minimum of 2 cores per 600 foot block) to determine composition, compaction, thickness, and density. HMAC surface found to be deficient in composition, compaction, thickness, or density shall be corrected at the contractor's expense as directed by the Engineer. The contractor shall replace the pavement removed from core holes at no cost to the City. 6.2 THICKNESS OF HMAC SURFACE The thickness of HMAC surface shall be a minimum of one and one half (1-1/2) inches, unless otherwise indicated on plans. If only one core measures zero to 1/4 inch less than required thickness no corrective action shall be required. If two or more cores measure at least 1/4 inch less than the specified thickness, the HMAC surface shall be considered deficient with respect to thickness. Additional cores will be taken at 25 foot spacing to define the limits of deficiency. No additional compensation will be made to the contractor for thickness of HMAC surface greater than specified. 6.3 MIX DESIGN Type "D" HMAC shall be used on streets 36 feet or less in width. Type "C" HMAC shall be used on streets greater than 36 feet in width, and strip paving (no curb and gutter). The widths refer to the future full street width. The contractor shall provide a current HMAC mix design using the approved materials indicating gradation and optimum asphalt content. If the contractor elects to use Type "C" where Type "D" is specified, the material must meet the Type "C" specifications. 17 If approved by the engineer the contractor may furnish an alternate mix design based on his proposed materials. The aggregate mixture shall conform to the following master gradation: Tune "C" (Coarse Graded Surface Course - Streets ereater than 36 feet wide Percent passing 7/8" 100 Percent passing 5/8" 98-100 Percent retained on 3/8" 12-25 Percent retained on No. 4 15-30 Percent retained on No. 10 12-30 Total percent retained on No. 10 53-65 Percent retained on No. 40 10-20 Percent retained on No. 80 5-15 Percent retained on No. 200 5-15 Percent passing No. 200 1-6 Type "D" ( Fine Graded Surface Course -Streets 36 feet or less wide) Percent passing 5/8" 100 Percent retained on 3/8" 0-15 Percent retained on No. 4 30-50 Percent retained on No. 10 12-30 Total Retained on No. 10 53-65 Percent retained on No.40 10-20 Percent retained on No. 80 5-15 Percent retained on No. 200 5-15 Percent passing No. 200 1-6 Material passing the No. 40 sieve shall be known as soil binder and shall meet the following requirements: Liquid Limit shall not exceed 45 Plasticity Index shall not exceed 15 Linear Shrinkage shall not exceed 5 The mineral aggregate shall not contain more than 0.5% moisture prior to entering the pugmill for mixing with asphalt. In The HMAC mixture shall consist of a uniform mixture of mineral aggregate and asphalt material. The percent asphalt in the mixture shall be determined to meet the Marshall Stability criteria as follows: Marshall Criteria Type "C" Type "D" No. Blows (each end of specimen) 75 50 Stability (Lb.) 1500 1200 Flow (units of 0.01 inch) 8 min 16 max 8 min 18 max Percent Air Voids 2 min 5 max 3 min 6 max Molding temperature for Marshall criteria shall be 275 degrees F. If approved by the Engineer, the contractor may provide an alternate mix design based on his proposed materials. The contractor's materials and mix design shall meet all the performance criteria addressed in these specifications. 6.4 COARSE AGGREGATE The coarse aggregate shall be the material retained on a No. 4 sieve, and shall consist of clean, tough, durable fragments of crushed stone of uniform quality. Mixing or combining of crushed gravel and crushed stone will not be permitted. Coarse aggregate shall be crushed to the extent that produces a minimum of 50% crushed faces for Type "D" HMAC, and 55% crushed faces for Type "C" HMAC, when tested in accordance with Test Method Tex -460-A Part I "Determination of Crushed Face Count". Coarse aggregate shall have a maximum loss of 15% when subjected to 4 cycles of the Magnesium Sulfate Soundness Test ASTM C-88. The amount of organic matter, clays, loams, or particles coated therewith, or other undesirable materials shall not exceed 2 percent. When subjected to the Los Angeles Abrasion Test, the coarse aggregate shall not have a loss greater than 40 percent by weight. Coarse aggregate may be enhanced by addition of crushed concrete (Class A minimum). The crushed concrete shall be processed and blended at the contractor's batch plant. The material shall be processed to remove wood, steel, and other objectionable materials so as to produce a crushed aggregate in conformance with these specifications. 6.5 FINE AGGREGATE The fine aggregate shall be that part of the material passing the No. 4 sieve and shall consist of sand and/or screenings. The plasticity index of that part of the sand passing the 40 sieve shall not exceed 6. The plasticity index of the screenings shall not exceed 9. 19 Sand shall be composed of durable stone particles free from injurious foreign matter. Screenings shall be of the same or similar material as specified for coarse aggregate. Mineral filler shall consist of thoroughly dry stone dust, slate dust, Portland cement or other material dust approved by the Engineer. The mineral filler shall be free of foreign and other injurious matter and shall meet the following gradation: Percent by Weight Retained on No. 30 Sieve 0 Percent by Weight Retained on No. 80 Sieve 10 maximum Percent by Weight Retained on No. 200 Sieve 35 maximum 6.6 ASPHALT Asphalt shall be AC 10 with Latex (3% by weight of asphalt), or performance grade 64- 28 S or L. The contractor shall notify the Engineer of the source of asphaltic material for approval prior to production of the asphaltic mixture. The optimum asphalt content shall be determined by the Marshall Stability method. The percent asphalt content in HMAC surface shall be optimum plus 0.25% as indicated by Marshall Stability for streets for Type "C" HMAC, and optimum plus 0.5% for Type "D" HMAC. The asphalt content of the paving mixture shall not be below optimum, or vary from the specified design asphalt content by more than plus 0.3 percent dry weight, based on total mixture. 6.7 PLACING HMAC HMAC surface shall be constructed to a minimum compacted thickness of 1-1/2 inches. The pavement shall be constructed on the previously approved base. Laying of HMAC shall not start until sunrise, and must stop one hour before sunset. HMAC surface shall not be layed until at least 48 hours after the application of the prime coat. Air temperature requirements for placing HMAC shall be as follows: November 1 to April 1 HMAC shall not be placed when the air temperature is below 55 degrees F and falling. HMAC may be placed when the air temperature is above 50 degrees F and rising. April 1 to November 1 HMAC shall not be placed when the air temperature is below 50 degrees F and falling. HMAC may be placed when the air temperature is above 45 degrees and rising. 911 Air temperature shall be determined by the National Weather Service hourly report. If the temperature of any HMAC, measured while passing through the lay down machine, is 25 degrees F more or less than the mixing temperature, the load shall be rejected. No payment will be made for rejected material. The asphaltic mixture shall be dumped and spread on the approved prepared surface using an approved spreading and finishing machine. The material shall be placed in such a manner that when properly compacted the finished course is smooth, of uniform density, and in conformance with the cross -sections and grades shown on the associated plans. Raking loose material back across the HMAC mat will not be permitted. Wings of the laydown machine may not be dumped unless they are dumped after every load. A level up course, 1/2 inch or more in thickness, shall require the use of ASB or a coarse grade of HMAC approved by the Engineer. When the asphaltic mixture is placed in a small area where use of a finishing machine is not practical, the contractor may use other methods approved by the Engineer provided a satisfactory surface can be obtained. Adjacent to curbs gutters or other flush structures, the surface shall be finished uniformly high so that when compacted it will be 1/4 inch above the curb or flush structure. All joints shall present the same texture, density, and smoothness as other sections of the course. The joints between old and new pavements or between successive day's work shall be made to insure a continuous bond between the old and new sections of the course. The transverse edges of old pavement and, if required by the Engineer, the successive day's pavement shall be cut with an approved concrete saw to expose an even vertical surface for the full thickness of the course. All contact surfaces of previously constructed pavement shall be painted with a thin uniform coat of hot Bituminous material before the fresh mixture is placed. 6.8 COMPACTION HMAC surface compaction shall be as follows: Type C - 95% to 98% of Marshall density (2% to 5% air voids) W. Type D - 94% to 97% of Marshall density (3% to 6% air voids) Using appropriate rollers approved by the Engineer, the pavement shall be compacted thoroughly and uniformly to a density consistent with the density developed in the laboratory Marshall test method of molding stability specimens. At a minimum one tandem roller weighing not less than 8 tons, two pneumatic rollers with a weight capable 21 of being uniformly varied from 275 to 550 psi per inch width of tire tread, and one three wheel roller weighing not less than 10 tons shall be provided for each job. Additional rollers shall be provided by the contractor if needed. Rolling with three wheel and tandem rollers shall start longitudinally at the sides and proceed toward the center of the pavement, overlapping on successive trips by at least half the width of the rear wheels. Alternate trips of the roller shall be slightly different in length. On super -elevated curves rolling shall begin at the low side and progress toward the high side. Rolling with pneumatic rollers shall be done as directed by the Engineer and shall be continued until required compaction is obtained and all roller marks are eliminated. The motion of the rollers shall be slow enough to avoid displacement of the mixture. Rollers shall not be permitted to stand on pavement which has not been fully compacted. Any displacement of the mixture shall be corrected immediately by the use of rakes and fresh mixture where required. Gasoline, oil, grease, solvents, or other foreign matter shall not be permitted to fall on the pavement when rollers are in operation or standing. Places inaccessible to the rollers may be compacted using lightly oiled tamps. Trenches and other limited areas where required compaction cannot be obtained using a three wheel roller shall be compacted with a trench type roller. The surface of the pavement after compaction shall be smooth and true to the established line, grade, and cross-section. When tested with a 10 foot straight edge placed parallel to the centerline of the roadway, or other means acceptable to the Engineer, the maximum deviation shall be not exceed 1 /8 inch in 10 feet. An acceptable 10 foot straight edge shall be provided by the contractor. Any point in the surface not meeting this requirement shall be corrected as directed by the Engineer. When placed on existing surfaces, the 1/8 inch maximum deviation requirement may be waived by the Engineer. 6.9 PRIME AND TACK COATS Prior to placing HMAC on flexible base, the surface shall be primed using an application of 0.20 gallons of MC-30 asphalt per square yard of surface. Before any asphaltic mixture is laid, the surfaces against which the pavement is to be placed shall be cleaned to the satisfaction of the Engineer. The surfaces shall be given a uniform application of tack coat using asphaltic materials of this specification. The tack 22 coat shall be applied as directed by the Engineer with an approved sprayer. Where the pavement mixture will adhere, as determined by the Engineer, to the surfaces on which it is to be placed without the use of a tack coat, the Engineer may waive the requirement for the tack coat. All contact surfaces of curbs, structures, and joints shall be painted with a thin uniform tack coat. The tack coat shall be rolled with a pneumatic tire roller as directed by the Engineer. The asphaltic material for tack coat shall meet the requirements for Cut -Back Asphalt RC-2, or shall be a Cut -Back Asphalt made by combining 50 to 70 percent by volume of the asphaltic material as specified for the paving mixture with 50 to 30 percent by volume of gasoline and/or kerosene. If RC-2 Cut -Back Asphalt is used, it may, upon direction from the Engineer, be diluted by addition of an approved grade of gasoline and/or kerosene, not to exceed 15 percent by volume. 6.10 EMULSIFIED ASPHALT SEALER All HMAC surface courses shall be sprayed with an emulsified asphalt sealer consisting of a 15/85 mixture of an MS-2, or 20/80 SS -I, liquid anionic asphalt and distilled water. The emulsified asphalt sealer shall be applied after the HMAC surface has cooled to below 70 degrees F, and shall be applied at a rate of 0.10 to 0.12 gallons per square yard of surface. 7.1 STORM SEWER - Storm sewer shall include installation of pipe, manholes, inlet structures and outlet structures. Contractor shall use only materials, tools, methods, and equipment considered standard by the pipeline construction industry, and approved by the Engineer. Grade and horizontal alignment shall be maintained using a laser or batter boards. 7.2 REINFORCED CONCRETE PIPE Storm sewer shall be constructed using reinforced concrete pipe, either precast or cast in place. The pipe shall conform to the requirements of AASHTO M-170 or ASTM C-76. Pipe shall be Class III unless otherwise noted on plan sheets. 7.3 MORTAR Mortar shall be used for caulking and filling between pipe and drainage structures. Mortar shall be composed of 1 part, by volume, of Portland cement and 2 parts of mortar sand. The Portland cement shall conform to the requirements of ASTM C-150, Type I. 23 The sand shall conform to the requirements of ASTM C-144. Hydrated lime may be added to the mixture of sand and cement in an amount equal to 15% of the weight of cement used. The hydrated lime shall meet the requirements of ASTM C-6. Mortar which has not been used after 45 minutes of having water added shall be discarded. Mortar may not be retempered by having water added. 7.4 PREFORMED BITUMINUS GASKET JOINTS Preformed bituminous gaskets for concrete non -pressure pipe shall conform to the requirements of Fed. Spec. SS-S-00210 (GSA-FSS), and shall be Ram-Nek or approved equal. Gaskets shall be installed in accordance with manufacturer's recommendations and shall form a water -tight joint. 7.5 MANHOLES Manhole barrel, cone and extension sections shall be constructed of precast concrete. A plant inspection may be required for production facility inspection and to review record - keeping for material certification. The manufacturer must provide certification that all materials used for manufacturing meet with the following ASTM Specifications. Aggregates ASTM C-33 Cement ASTM C-150 Sampling Specimens ASTM C-39 Reinforcing ASTM C-185 Sand and Mortar ASTM C-144 Precast concrete sections for manholes shall conform to ASTM C-478 specifications. Compressive strength test results must verify concrete strengths meet or exceed 4,000 psi. Aggregate shall be crushed limestone and shall conform to ASTM C-33 specifications. Joints, excepting grade rings, shall be tongue and groove or an equivalent male and female type joint as approved by the Engineer. All joints shall be effectively jointed to prevent leakage and infiltration. All connections between wall sections shall be joined with Conseal Joint Sealant or approved equal to provide a watertight manhole. This sealant will be provided by supplier and will be considered an essential part of each - shipment. 24 All cones and adjusting rings shall maintain a clear 24" opening. Adjusting rings shall be reinforced with the same percentage of steel as risers and tops and will also meet ASTM C-478 specifications. Adjusting rings, as well as all precast concrete manhole products, shall be smooth, uniform in size and dimensions, consistent in components throughout and free of voids or honeycombs. All manholes shall be designed to withstand H-20 AASHTO loading. They shall also have lifting holes that do not protrude through manhole wall; one full inch of concrete thickness must remain between lift hole and outside wail of manhole. Manhole barrels shall be assembled of precast riser section. Riser sections and top cone sections shall be placed vertically with tongues and grooves properly keyed. Invert channels shall be smooth and semi -circular in shape conforming to the inside of the adjacent pipe section. Changes in direction of flow shall be made with a smooth curve of as large a radius as the size of the manhole with permit. Changes in size and grade of the channels shall be made gradually and evenly. The invert channels may be formed directly in the concrete of the manhole base or may be half -pipe laid in concrete. The floor of the manhole outside the channel shall be smooth and shall slope toward the channel not less than one inch per foot, nor more than two inches per foot. All connections between the riser or base sections and the sewer pipe shall be joined in such a manner as to make the manholes watertight. Preformed rubber waterstop gaskets cast into the riser or base section are acceptable. Preformed flexible plastic sealing compounds equivalent to "Ram-nek" or "Kent Seal" may be used provided a watertight seal is achieved. Adjusting rings may be used for adjusting the top elevation, except that the total height of the adjusting rings shall not exceed 12 inches at any manhole. Concrete shall be placed around and under the rings to provide a seal and seat the ring at the proper elevation. Each manhole shall have a minimum of 6 inches of grade adjustment. 7.6 MANHOLE FRAMES AND COVERS Manhole frames and covers shall be of good quality gray iron casting and conform to ASTM A-48, having a clear opening of not less than 22 inches. The casting shall be designed with a full bearing ring so as to provide a continuous seat between frame and cover. The cover shall be furnished with lifting ring cast into the cover in such manner as to prevent water leaking through. Frame and cover shall have a weight of not less than 275 pounds. The manhole ring and cover shall be Western Iron Works #40 or approved equal. 25 7.7 CONSTRUCTION METHODS All equipment necessary and required for the proper construction of storm sewers, manholes and culverts shall be on the project, in first-class working condition, and approved by the Engineer before construction is permitted to start. If precast concrete pipe or manhole sections are used, the Contractor shall provide appropriate hoisting equipment to handle the pipe or sections while unloading and placing it in its final position without damage to the pipe. The Contractor shall provide hand tampers and pneumatic tampers to obtain the required compaction of the pipe bed, the manhole bed and the backfill, as specified. 7.8 EXCAVATION The Contractor shall do all excavation to the depth shown on the plans. Where rock, or soil containing rocks or gravel, hard pan or other unyielding foundation material is encountered in trench excavation, the pipe shall be bedded in accordance with the requirements of one of the classes of bedding, and the hard unyielding material shall be excavated below the elevation of the bottom of the pipe or pipe bell to a depth of at least 8 inches or 1/2 inch for each foot of fill over the top of the pipe, whichever is greater, but not more than three -fourths the nominal diameter of the pipe. The cushion shall consist of a fine compressive material, such as silty clay or loam, lightly compacted, and shaped as required for the specified class of bedding. The cost of furnishing and placing the cushion material shall be included in the bid price per linear foot of pipe in place. The bottom of the trench shall be excavated to a horizontal section as far as practicable. Excavated material not required or acceptable for backfill shall be disposed of by the Contractor as directed by the Engineer. Excavation shall not be carried below the required depth; but when it is, the trench shall be backfilled at the Contractor's expense with material approved by the Engineer and compacted to the density of the surrounding earth material as determined by AASHTO T-180. When directed, unstable soil shall be removed for the full width of the trench and replaced with sand or with approved granular material. The Engineer shall determine the depth of removal of unstable soil and the amount of backfill necessary. The backfill shall be compacted and shaped to a firm but slightly yielding condition to form the bed for the pipe. Grades for pipe shall be as shown on the drawings. No changes in grade will be made unless so directed by the Engineer. 26 The minimum width of the trench at the top of the pipe, when placed, shall be a width which will permit the proper construction of joints and compaction of backfill around the pipe. The sides of the trench shall be vertical, unless otherwise approved by the Engineer. The maximum allowable width of the trench shall not exceed the widths shown below unless otherwise approved by the Engineer. NOMINAL PIPE MINIMUM TRENCH MAXIMUM TRENCH SIZE WIDTH AT SPRINGLINE WIDTH AT TOP OF PIPE Less than 18" Pipe O.D. + 12" Pipe O.D. + 18" 18" thru 36" Pipe O.D. + 18" Pipe O.D. + 24" 37" thru 60" Pipe O.D. + 24" Pipe O.D. + 30" The width of the trench above the top of the pipe may be as wide as necessary for shoring, bracing or proper installation of the pipe. Excavation in paved areas shall be confined to a minimum practical width. The bed for pipe shall be so shaped that at least the lower quarter of the pipe circumference shall be in continuous contact with the bottom of the trench. The excavation for manholes shall be essentially the same as that for the piping. The sides of the excavation shall be vertical unless otherwise approved by the Engineer. The Contractor shall do such trench bracing, sheathing or shoring necessary to perform and protect the excavation as required for safety and conformance to applicable laws and regulations. The bracing, sheathing, or shoring shall not be removed in one operation but shall be done in successive stages to prevent overloading of the pipe during backfilling operations. The cost of the bracing, sheathing, or shoring and the removal of same, shall be included in the unit price bid per foot for the pipe. Surface water shall be prevented from entering the excavation. Heavy equipment, except for excavating equipment, shall not be operated within 20 feet of the edge of the excavation. Excavated materials shall be stockpiled no closer than 3 feet from the edge of the excavation. 7.9 PIPE INSTALLATION The Contractor shall provide the appropriate tools and methods to insure installation of the pipe to line and grade, as shown on the drawings. The Contractor's facilities for lowering precast pipe into the trench shall be such that neither the pipe nor the trench will be damaged or disturbed. 27 The Engineer shall inspect all precast pipe before it is placed. Any section that is damaged by handling or is defective to a degree which in the opinion of the Engineer will - materially affect the function and service of the pipe shall be rejected and removed from the job site. -S Installing the precast pipe in the finished trench shall be started at the lowest point and is laid upgrade. For tongue and groove precast pipe, the grooved end shall be laid upgrade. The pipe shall be firmly and accurately installed to line and grade so that the invert will be smooth and uniform. The pipe shall be protected from water during placing and until the concrete, in cast -in -place pipe, or the mortar, in the joints of precast or cast in place pipe, has thoroughly set. The contractor shall provide temporary diversions as necessary to prevent surface water flow into the excavation. Pipe shall not be laid or installed on frozen ground. Pipe which is not true in alignment, or which shows any change in grade after laying or installing, shall be taken up and re-laid or re -installed without extra compensation. Mortar shall be used for caulking and filling between the pipe and the drainage structures. Mortar that is not used within 45 minutes after water has been added shall be discarded. Retempering of mortar shall not be permitted. Pipe joints for precast concrete pipe shall be of the tongue and groove type. The joints shall be of a watertight joint. Each joint shall be sealed with a preformed bituminous gasket as specified. The gasket shall be installed as recommended by the pipe manufacturer. Field poured concrete bases shall be at least 12 inches thick and not less than 1 (one) foot greater diameter than the outside diameter of the manhole riser section. Concrete shall be Class A at a minimum 3000 psi 28 day compressive strength. Concrete placement shall conform to ACI and good construction practices. Concrete shall be consolidated and struck -off to a horizontal surface within the forms or pouring rings. Field poured concrete bases shall be reinforced as detailed on the Plans or as shown in the Standard Details. The manhole shall be constructed to ASTM C-891 standards. Precast reinforced concrete bases shall be of the size and shape detailed on the Plans or as shown in the Standard Details. 7.10 BACKFILLING All trenches and excavations shall be backfilled as the pipes and manholes are installed, ►V unless otherwise directed by the Engineer. Outside of street right of way the backfill material shall be selected granular material from excavation or borrow; material which is placed at the sides of the pipe and manhole and 1 foot over the top shall be material which can be readily compacted. It shall not contain stones retained on a 2-inch sieve, frozen lumps, chunks of highly plastic clay, or any other material which is objectionable to the Engineer. The Material shall be moistened or dried, if necessary, to be compacted by the method in use. Backfill material shall be approved by the Engineer. The backfill shall be placed in loose layers not to exceed 6 inches in depth along each side of the pipe and manhole. Special care shall be taken to secure thorough compaction under the haunches and at the sides of the pipe and manhole. This backfill shall be brought up evenly on each side of the structure to an elevation of 1 foot over the top of the pipe, or such greater elevation as directed by the Engineer. Backfilling shall be done in a manner to avoid injurious top or side pressures on the pipe and manhole. Backfill shall be compacted to 95% (min.) Standard Proctor Density. Unless otherwise directed by the Engineer or plans, excavation within street right of way shall be backfilled with flowable fill material (2-sacks of cement per cubic yard concrete mix) to 1-1/2 inches below the asphalt surface. The pipe shall be restrained so that during the pour the pipe shall not be displaced. - Movement of construction machinery over a culvert, pipeline, or manhole shall be at the Contractor's risk. Any damaged construction shall be removed and replaced at the expense of the Contractor. 7.11 TRENCH PROTECTION Trench excavations not exceeding five feet in depth shall be protected in accordance with applicable OSHA, state, and local requirements. Trench excavations greater than five feet in depth shall be protected in accordance with the following specifications. All work performed under this section shall also comply with OSHA Part 1926, Subpart P and all State and Local codes. The Contractor shall be responsible for complying with all trench safety requirements, the requirements of the specifications, drawings and all applicable codes. Trench protection shall be performed by forces having at least two years experience with similar types of trench safety systems. The manufacturer of prefabricated items used in trench safety systems shall have at least two years of experience in fabricating the items. The contractor shall provide detailed drawings for proposed trench safety systems. The 29 drawings shall identify where each system is proposed for use and type of system to be used. Trench excavations shall not be started until trench safety systems have been submitted and approved by the Engineer. If trench boxes are to be used, the contractor shall submit manufacturer's standard data sheet and certificate of compliance stating the maximum allowable depth for the given design pressure for each type of trench box proposed for use. If alternative systems composed of steel, aluminum, wood or a combination of materials are proposed, the contractor shall submit design data demonstrating the ability of the proposed materials to provide the necessary trench protection. Materials used for trench safety shall be capable of withstanding imposed loads without excessive deflections. Materials shall be clean, free of rust, holes, knots and other defects, and shall conform to the following: Steel — Steel shall be of type and thickness as required and shall have a minimum yield stress of 36 ksi. Aluminum — Type 6061-T6, thickness as required. Wood in Contact with Earth — Pressure treated woods. Wood not in Contact with Earth — Soft or hardwood as required. 8.1 FENCES Unless otherwise indicated on plans, existing fences which must be adjusted or relocated shall be reconstructed using the same or equivalent materials, height, and construction in the proper location. The contractor shall remove existing fence and either store for reuse or legally dispose of the fence materials, whichever is appropriate. New fence construction shall be in accordance with specifications and details included on plan sheets. 9.1 SALVAGE OF ASPHALT PAVING All salvage asphalt material shall be broken into pieces not more than 2 inches in size and stockpiled at a location indicated in the plans. Any non -asphaltic materials, such as flexible base and soil, shall be kept separated from the salvaged asphalt. 30 1 r 10.1 BARRICADES Prior to starting work on any project covered by these specifications, the contractor shall submit a Traffic Control Plan for approval by the Engineer. The contractor shall have the sole responsibility for providing, installing, moving, replacing, maintaining, cleaning, and removing upon completion of work, all traffic control devices. The Traffic Control Plan and devices shall be in compliance with the Texas Manual of Uniform Traffic Control Devices (MUTCD) and the 1993 National Cooperative Highway Research Program Report 350 (NCHRP 350). The Traffic Control Plan approved by the Engineer shall be considered the minimum requirement for the project. The contractor shall provide additional devices as determined to be necessary during the project. If at any time during construction the approved plan does not accomplish the intended purpose, due to weather or other conditions affecting the safe handling of traffic, the contractor shall immediately make necessary changes to correct the unsatisfactory conditions. The contractor shall maintain ingress and egress to private property at all times. All signing and barricading shall be in place before construction operations are started and during all times construction is in progress. All hazards shall be clearly marked and adequately protected. If pedestrian walkways are blocked, pedestrian control shall conform to "Typical Sidewalk and Curb -Lane Closure for Pedestrian Control" as indicated in Texas MUTCD. No separate payment will be made for traffic control. The required plan and devices shall be considered to be subsidiary to pay items. 11.1 PROSECUTION OF THE WORK AND WORKING DAYS During the period the contractor is directing traffic over the base, the surface shall be satisfactorily maintained by the use of sprinkling and blading as required, so that no hazard will result. The base course shall be maintained until the wearing surface is placed thereon. At no time during the period of construction shall driveways and/or alleys be left impassable between the night hours of 6:00 PM to 6:00 AM, except during the construction of curb and gutter for which the driveways and/or alley's shall remain closed not more than 4 days. No work will be performed after dark or before daylight. 31 11.2 WORKING DAYS DEFINITION -- City contracted paving projects will be based on working days allowed. No requests for extensions of time will be considered. A working day is defined as a calendar day, not including Saturdays, Sundays, or City of Lubbock designated holidays, in which weather or other conditions beyond control of the contractor will permit the performance of the principal unit of work for a continuous period of not less than 7 hours between 7:00 am and 6:00 pm. Work on Saturdays, Sundays, or City of Lubbock designated holidays must be authorized by the Engineer (see item 11.3). For each Saturday, Sunday, or City of Lubbock designated holiday on which the Contractor chooses to work and has authorization from the Engineer to work, 1 day will be charged against the contract working time when conditions will permit at least 7 hours of work as described above. Work on Sunday will not be authorized except in cases of extreme emergency, as determined by the Engineer. Working days will be considered to begin on the effective date stated in the Notice to Proceed, unless the contractor is unable to begin work on that date due to factors beyond his control as determined by the Engineer. In that event, time charged against the project will begin on the date the contractor could first work a minimum of 7 hours as described above. The Engineer will furnish the contractor a monthly statement showing the number of working days used and the working days remaining. The contractor shall be allowed 10 calendar days in which to protest the correctness of each statement. The protest shall be in writing, addressed to the Engineer, and shall indicate basis of the protest. The Engineer shall respond to the protest within 10 calendar days of receiving the protest. Failure to file a protest within the allotted 10 days for any statement shall indicate the contractor's approval of the time charges as shown on that period's time statement, and future consideration of that time statement will not be permitted. 11.3 WORK BETWEEN NOVEMBER 1 AND JANUARY 2, AND ON OTHER HOLIDAYS If conditions are such that, in the opinion of the Engineer, construction will negatively affect local businesses during holiday periods, the Engineer may suspend construction operations from November 1 to January 2. The City of Lubbock observes specific holidays, and City staff are not required to work those days. As standard procedure, construction operations that require testing/inspection 32 may not be performed on those holidays. If the contractor needs to perform construction operations that require City personnel on holidays, the contractor shall make a written request for authorization to work from the Engineer. The request shall state the reason the work is necessary, and shall state that the contractor agrees to pay the City for the related personnel expenses including salary, overtime, and benefits. If City personnel are available, the Engineer may approve the request. 12.1 MEASUREMENT AND PAYMENT The unit price bid on each item as stated in the bid proposal shall include furnishing all labor, superintendence, machinery, equipment, and materials, except as otherwise specified, necessary or incidental to complete the various items of work in accordance with the plans and specifications. Cost of work or materials shown on the plans or called for in the specifications and on which no separate payment is made shall be included in the bid prices on the various pay items. Payment will not be made for any item that is not complete, including all associated incidental work. All of the items covered by these standard specifications may not be included in a particular project. Only those items indicated on bid documents and plan sheets shall be included for construction and payment. 12.2 CURB AND GUTTER Measurement will be made of the linear feet of curb and gutter actually constructed. Curb and gutter will be paid for at the unit price bid per linear foot. The unit price bid shall include furnishing and installing all materials, excavation, filling, backfilling, forming, finishing, and all incidentals necessary to complete the work. 12.3 CONCRETE FLAT SLABS - SIDEWALK, DRIVEWAY, ALLEY RETURN, ALLEY PAVING, AND VALLEY GUTTER Measurement will be made of the area, in square feet, of flat slab actually constructed. Flat slabs will be paid for at the unit price bid per square foot for each specific type of slab. Curb on alley returns shall be included in the area measured for the slab and will not be paid as a separate item. The unit price bid shall include furnishing and installing all materials, excavation, filling, backfilling, reinforcement, forming, finishing, joint cutting, joint sealing, and all incidentals necessary to complete the work. 33 12.4 CURB RAMPS (HANDICAP RAMPS) Measurement will be made of the area, in square feet, of curb ramp actually constructed, including top surface area of any retaining wall or curb. Curb ramps will be paid for at the unit price bid per square foot. The unit price bid shall include furnishing and installing all materials, excavation and filling within two feet of the ramp, back filling, reinforcement, forming, finishing, and all incidentals necessary to complete the work. 12.5 CONCRETE DRAINAGE CHANNEL Measurement will be made of the area, in square feet, of drainage channel actually constructed, including top surface area of any retaining wall or curb. Drainage channel will be paid for at the unit price bid per square foot. The unit price bid shall include furnishing and installing all materials, excavation and filling within two feet of the channel, backfilling, reinforcement, forming, finishing, and all incidentals necessary to =3 complete the work. 12.6 RETAINING WALL OR CURB ON DRAINAGE CHANNELS AND CURB RAMPS Measurement will be made of the height and linear feet of wall or curb actually constructed. Retaining wall or curb will be paid for at the unit price bid per linear foot multiplied by the height of the wall or curb in inches above the top of the slab (per linear foot per inch height). The unit price bid shall include furnishing and installing all materials, excavation, filling, backfilling, reinforcement, forming, finishing, and all incidentals necessary to complete the work. 12.7 CONCRETE MEDIAN Measurement will be made of the area, in square feet, of median actually constructed. Median will be paid for at the unit price bid per square foot. The unit price bid shall include furnishing and installing all materials, excavation, filling, reinforcement, forming, finishing, and all incidentals necessary to complete the work. 12.8 CONCRETE STREET PAVING Measurement will be made of the area, in square yards, of concrete street paving actually constructed. Concrete street paving will be paid for at the unit price bid per square yard. The unit price bid shall include furnishing and installing all materials, excavation, filling, 34 12.14 CURB AND GUTTER REMOVAL Measurement will be made of the linear feet of curb and gutter actually removed. Payment will be made at the unit price bid per linear foot of curb and gutter removed. The contractor shall ensure that the Engineer has the opportunity to measure the linear feet of curb and gutter prior to removal. If curb and gutter is removed without measurement by the Engineer, no payment will be made for that removal. The unit price bid shall include sawing, hauling, labor and equipment, and legal disposal for removal of the curb and gutter. 12.15 CONCRETE SLAB REMOVAL Measurement will be made of the area in square feet of concrete slab actually removed. Payment will be made at the unit price bid per square foot of concrete slab removed. The contractor shall ensure that the Engineer has the opportunity to measure the area of concrete slab prior to removal. If concrete slab is removed without measurement by the Engineer, no payment will be made for that removal. The unit price bid shall include sawing, breaking, hauling, labor and equipment, and legal disposal for removal of the concrete slab. 12.16 2 SACK FLOWABLE FILL Quantities of 2 sack flowable fill will be determined from tickets provided by the drivers of the delivery trucks. Payment will be made at the unit price bid per cubic yard of in place 2 sack flowable fill. j The unit price bid shall include furnishing and placing the material and all incidentals necessary to complete the work. 12.17 ASPHALT PAVING Measurement will be made of the area, in square yards, of asphalt paving actually constructed. Payment will be made at the unit price bid per square yard. The unit price bid shall include furnishing and installing all materials, subgrade preparation, construction of caliche or asphalt stabilized base as specified, excavation, filling, tack and -u prime coats, HMAC surface, emulsion seal, and all incidentals necessary to complete the work. 12.18 ASPHALT PAVING REPAIR Measurement will be made of the area, in square yards, of in place asphalt paving repair. 36 Payment will be made at the unit price bid per square yard of paving repair. The unit price bid shall include furnishing and placing all asphaltic materials, sawing of existing paving edges, smoothing and preparation of the existing base, flowable fill if required, tack and prime coats, compaction, and all incidentals necessary to complete the work. 12.19 EXCAVATION AND GRADING (OUTSIDE LIMITS OF CONSTRUCTION) Volume of excavation or fill, in cubic yards, will be determined by average end area method. Payment will be made at the unit price bid per cubic yard of completed excavation or fill. The unit price bid shall include all labor, equipment, and incidentals necessary to excavate or fill the site to the grades established by the Engineer. No separate payment will be made for disposing of excess material. 12.20 DITCH GRADING AND UNPAVED STREET SURFACE GRADING The volume of ditch grading, in cubic yards, will be determined by average end area method. Measurement will be made of the area, in square yards, of completed surface grading of unpaved streets. Payment will be made at the unit price bid per cubic yard of completed ditch grading per cubic yard, or surface grading per square yard. The unit price bid shall include all labor, equipment, and incidentals necessary to grade ditches or surface grade unpaved streets to the grades established by the Engineer. No separate payment will be made for disposing of excess material. 13.1 STANDARD DETAILS Construction shall be in accordance with the following standard details unless otherwise indicated on plans, or directed by the Engineer. The 24 inch curb and gutter details shall be considered to be standard. 30 inch curb and gutter details shall apply only if specifically indicated on plans or bid documents. 37 STREET CROWN ELEVATIONS PAVEMENT WIDTH FINISHED PAVING SURFACE CURB FACE TO CURB FACE ABOVE GUTTER 24 feet 0.35 feet 26 feet 0.37 feet 28 feet 0.40 feet 30 feet 0.42 feet 32 feet 0.45 feet 36 feet 0.50 feet 42 feet 0.57 feet 46 feet 0.62 feet 52 feet 0.69 feet 64 feet 0.85 feet 66 feet 0.86 feet 86 feet 1.14 feet 88 feet 1.15 feet All street paving shall incorporate a centerline crown at the listed elevation unless otherwise indicated on plans, or as directed by the Engineer. The widths listed above refer to the total proposed future full width of street. W. ACSTAR � INSURANCE COMPANY 233 MAIN STREET • P.O. BOX 2350 • NEW BRITAIN, CT 06050-2350 • (860) 224-2000 BOND NO. F18147 STATUTORY COMPLAINT NOTICE To obtain information or make a complaint: You may call the Surety's telephone number for information or to make a complaint at: 1-860-224-2000. You may also write to the Surety at: ACSTAR Insurance Company 233 Main St. P.O. Box 2350 New Britain, CT 06050-2350 You may contact the Texas Department of Insurance to obtain information on companies, coverage, rights or complaints at 1-800-252-3439. You may write the Texas Department of Insurance at: P.O. Box 149104 Austin, TX 78714-9104 Fax #: 512-475-1771 PREMIUM OR CLAIM DISPUTES: Should you have a dispute concerning your premium or about a claim, you should contact the Surety first. If the dispute is not resolved, you may contact the Texas Department of Insurance. RIDER CONTAINING DISCLOSURE NOTICE OF TERRORISM COVERAGE This disclosure notice is required by the Terrorism Risk Insurance ACT of 2002 (the "Act"). No action is required on your part. This Disclosure Notice is incorporated in and a part of the attached bond, and is effective the date of the bond. You should know that, effective November 26, 2002, any losses covered by the attached bond that are caused by certified acts of terrorism would be partially reimbursed by the United States under a formula established by the Act. Under this formula, the United States reimburses 90% of covered terrorism losses exceeding the statutory established deductible paid by the insurance company providing the coverage. Under the Act, there is a cap on our liability to pay for covered terrorism losses if the aggregate amount of insured losses under the Act exceeds $100,000,000,000. during the applicable period for all insureds and all insurers combined. In that case, we will not be liable for the payment of any amounts which exceeds that aggregate amount of $100,000,000,000. The portion of your premium that is attributed to coverage for acts of terrorism is jQPj IMPORTANT NOTE: THE COST OF TERRORISM COVERAGE IS SUBJECT TO CHANGE ON ANY BONDS THAT PREMIUM IS CHARGED ANNUALLY. Exclusion of Liability for Mold, Mycotoxins, and Fungi The Bond to which this Rider is attached does not provide coverage for, and the surety thereon shall not be liable for, molds, living or dead fungi, bacteria, allergens, histamines, spores, hyphae, or mycotoxins, or their related products or parts, nor the remediation thereof, nor the consequences of their occurrence, existence, or appearance. 233 MAIN STREET • P.O. BOX 2350 POWER OF ATTORNEY _ NEW BRITAIN, CT 06050-2350 T INSURANCE COMPANY (860) 224-2000 This Power of Attorney must have original corporate seal, and red and blue ACSTAR logo to be valid. Know all men by these presents: That ACSTAR Insurance Company, a corporation of the State of Illinois, having its principal office in the City of New Britain, Connecticut, pursuant to the following Resolution, which was adopted by the Board of Directors of the said Company on June 23, 2005. RESOLVED, That the following Rules shall govern the execution for the Company of bonds, undertakings, recognizances, contracts and other writings in the nature thereof: (1) That the Chairman, the President, any Vice President and General Counsel, or any Attomey-in-Fact, may execute for and on behalf of the Company any and all bonds, under- takings, recognizances, contracts and other writings in the nature thereof, the same to be attested when necessary by the Corporate Secretary, or any Assistant Corporate Secretary, and the seal of the Company affixed thereto; and that the Chairman or President may appoint and authorize any other Off oer (elected or appointed) of the Company, and Attorneys -in -Fact to so execute or attest to the execution of all such writings on behalf of the Company and to affix the seal of the Company thereto. (2) Any such writing executed in accordance with these Rules shall be as binding upon the Company in any case as though signed by the President and attested to by the Corporate Secretary. (3) The signature of the Chairman, the President, or a Vice President of the Company may be affixed by facsimile on any power of attorney granted pursuant to this Resolution, p and the signature of a facsimile to any certificate of any such power, and any such power or certificate bearing such fascimiile signature and seal shall be valid and binding 0. on the Company. a Y N (4) Such other Officers of the Company, and Attorneys -in -Fact shall have authority to certify or verify copies of this Resolution, the By -Laws of the Company, and any affidavit or C N .fl record of the Company necessary to the discharge of their duties. .2 does hereby nominate, constitute and appoint 0 HENRY W. NOZKO, JR., ROBERT H. FRAZER, DAVID A. PRICE, MICHAEL P. CIFONE, JOAN C. FORTIER, HENRY W. NOZKO III each V tT individually, its true and lawful A orney-in-Fact, to make, execute, seal and deliver on its behalf, and as its act and deed any and all bonds, under- 4� N takings, recognizances, contracts and other writings in the nature thereof, in penalties not exceeding TEN MILLION DOLLARS ($10,000,000.00) each, O and the execution of such writings in pursuance of these presents, shall be as binding upon said Company, as fully and amply, as if they had been j duty executed and acknowledged by the regularly elected officers of the Company at its principal office. MIN WITNESS WHEREOF, Henry W. Nozko, Jr., President, has hereunto subscribed his name and affixed the corporate seal of ACSTAR C 13 Insurance Company this 23rd day of June 2005. ON ACSTAR Insurance Company O O O 4? 1 by N 4HenryW. dbAo Jr., P t t� STATE OF CONNECTICUT ) N ) ss. NEW BRITAIN O C COUNTY OF HARTFORD ) On this 23rd day of June 2005, before me, a Notary Public of the State of Connecticut came, Henry W. Nozko, Jr., President of ACSTAR .02 Insurance Company, to me personally known to be the individual and officer who executed the preceding instrument, and he 'p >, acknowledged that he executed the same, and the seal affixed to the preceding instrument is the corporate seal of said Company; that the said corporate seal and his signatures were duly affixed by the authority and direction of the said corporation, and the Resolution adopted by the Board > C of Directors of said Company, referred to in the preceding instrument, is now in force. O Z U IN TESTIMONY WHEREOF, i have hereunto set my hand and affixed my official seal at the City of New Britain the day and year first above written. OTC ®®® UBLVC Notary Public - Diane L. ePlante I, the undersigned, Secretary or Assistant Secretary of ACSTAR Insurance Company, do hereby certify that the original POWER OF ATTORNEY of which the foregoing is a full, true and correct copy, is in full force and effect. In witness whereof, I have hereunto subscribed my game as Secretary or Assistant Secretary, and affixed the corporate seal of the Corporation, this 26th day of may 9006 Robert . Frazer/Micto P. Cifone Secretary/ Assistant Secretary