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HomeMy WebLinkAboutResolution - 2010-R0205 - Lump Sum Construction Contract (No. 9482) For Buddy Holly Plaza Improvements - 06/11/2010Resolution No. 2010—RO205 April 19, 2010 Item No. 5.16 RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock, a Lump Sum Construction Contract Number 9482 for Buddy and Maria Elena Holly Plaza Improvements Steel Tube Fence as per Bid 10 -073 -DD, by and between the City of Lubbock and Construction Rent A Fence, Inc. of Thrall, 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 19th ATTEST: Rebec a Garza, City Secretary day of April , 2010. TOM MARTIN, MAYOR APPROVED AS TO CONTEN Scott Snider, Community Services Assistant City Manager APPROVED AS TO FORM: 0 ccdocs Contract. Construction Rent A Fence Inc.res 4.6.10 44. 2 0/b - 40 20S CITY OF LUBBOCK SPECIFICATIONS FOR Buddy and Maria Elena Holly Plaza Steel Tube Fence ITB 10-073-DD Contract 9482 Specifications may be downloaded from this website BIDSYNC www.bidsync.co LAI, r4t - ity of k lubboc TEXAS CITY OF LUBBOCK Lubbock, Texas CITY OF LUBBOCK SPECIFICATIONS FOR Buddy and Maria Elena Holly Plaza Steel Tube Fence ITB 10-073-DD Contract 9482 Specifications may be downloaded from this website BIDSYNC www.bidsync.com Ikki FtO*- C i t y 0 f liibbock TEXAS CITY OF LUBBOCK Lubbock, Texas i' CITY OF LUBBOCK INVITATION TO BID F "Ou TITLE: BUDDY AND MARIA ELENA HOLLY PLAZA STEEL TUBE FENCE ADDRESS: LUBBOCK, TEXAS ITB NUMBER: 10-073-DD Contract 9482 PROJECT NUMBER: 92144.8302.30000 CONTRACT PREPARED BY: PURCHASING AND CONTRACT MANAGEMENT OFFICE Page Intentionally Left Blank City of Lubbock, TX Purchasing and Contract Management Office Contractor Checklist for . J ITB-10-073-DD Before submitting your bid, please ensure you have completed and included the following documents in the order they re listed. The contractor is only to submit (1) one original copy of every item listed. 1. Carefully read and understand the plans and specifications and properly complete the BID SUBMITTAL FORM. Bid submittal form MUST be completed in blue or black ink or by typewriter. Signatures must be original, in blue or black ink, and by hand. Amounts shall be written in both words and numerals and in the event of a discrepancy the amounts written in words shall govern. Include corporate seal and Secretary's signature. Identify addenda received (if any). Include firm's FEDERAL TAX ID number or Owner's SOCIAL SECURITY number. 2. Include BID BOND or CASHIER'S OR CERTIFIED CHECK as your bid surety. Failure to provide a bid surety WILL result in automatic rejection of your bid. 3. Complete and sign the CITY OF LUBBOCK INSURANCE REQUIREMENT AFFIDAVIT. This must include the signature of the agent or broker. Contractor's signature must be original. 4. Ensure your bid is RECEIVED by the City of Lubbock Purchasing and Contract Management Office prior to the deadline. Late bids will not be accepted. 5. Clearly mark the bid number, title, due date and time and your company name and address on the outside of the envelope or container. 6. Complete and sign the SAFETY RECORD QUESTIONNAIRE. All "YES" responses must be explained in detail and submitted with Bid. 7. Complete and sin the SUSPENSION AND DEBARMENT CERTIFICATION. Include irm's p g .% FEDERAL TAX ID number or Owner's SOCIAL SECURITY number. 8. Complete and submit the LIST OF SUB -CONTRACTORS. FAILURE TO PROVIDE ANY OF THE ABOVE MAY RESULT IN YOUR BID BEING DEEMED NON -RESPONSIVE AND, THEREFORE, NOT FURTHER EVALUATED. PLEASE INCLUDE THIS COMPLETED PAGE AS THE FIRST PAGE OF YOUR BID SUBMITTAL. (Type or Print Company Name) wwwww�W m ;�"�",�;avd `� �n ;�n�d � „��� 4�»..»��.,.` :...�! � w..,�.M«��A .�.�..w.�..J�.i ITB 10-073-DD Buddy and Maria Elena Holly Plaza Improvements - Steel Tube Fence Addendum 1 City of Lubbock PURCHASING AND CONTRACT MANAGEMENT SUITE 102, MUNICIPAL BUILDING 1625 13TH STREET LUBBOCK, TEXAS 79401 PH: (806)775-2164 FAX: (806)775-3326 http://purchasing.ci.lubbock.tx.us ADDENDUM 1 ITB 10-073-DD Buddy and Maria Elena Holly Plaza Steel Tube Fence `.. DATE ISSUED: March 26, 2010 CLOSE DATE: April 1, 2010 @ 3:00 P.M. The following items take precedence over specifications for the above named Invitation to Bid (ITB). Where any item called for in the ITB documents is supplemented here, the original requirements, not affected by this addendum, shall remain in effect. 1. Bidders must submit the REVISED BID SUBMITTAL FORM, attached. 2. Bidders' attention is directed to the Architect's ADDENDUM #1, attached. All requests for additional information or clarification must be submitted in writing and directed to: Darlene Doss, Buyer, City of Lubbock, P.O. Box 2000, Lubbock, Texas 79457 Questions may be faxed to (806)775-2164 or Email to ddoss ,mylubbock.us THANK YOU, CITY OF LUBBOCK Z)=&w V o" Darlene Doss Buyer It is the intent and purpose of the City of Lubbock that this request permits competitive bids. It shall be the bidders responsibility to advise the Purchasing Manager if my 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-10-073-DDadl ***REVISED*** BID SUBMITTAL FORM UNIT PRICE BID CONTRACT DATE: PROJECT NUMBER: ITB-10-073-DD- Buddy and Maria Elena Holly Plaza - Steel Tube Fence Bid of (hereinafter called Bidder) To the Honorable Mayor and City Council City of Lubbock, Texas (hereinafter called Owner) Ladies and Gentlemen: The Bidder, in compliance with your Invitation to Bid for the construction of Buddy and Maria Elena Holly Plaza - Steel Tube Fence, having carefully examined the plans, specifications, instructions to bidders, notice to bidders and all other related contract documents and the site of the intended work, and being familiar with all of the conditions surrounding the construction of the intended project including the availability of materials and labor, hereby intends to furnish all labor, materials, and supplies; and to construct the project in accordance with the plans, specifications and contract documents, within the time set forth therein and at the price stated below. The bidder binds himself on acceptance of his bid to execute a contract and any required bonds, according to the accompanying forms, for performing and completing the said work within the time stated and for the prices stated below. Estimated Item Quantity No. & Unit Description of Item Total Amount BASE BID 1 LS Work includes but is not limited to items described below. It is understood that Work in addition to these items may also be necessary to accomplish the complete Contract.; fabricate and install approximately 749' steel tube fence, fabricate and install two steel tube gates 7' wide and four steel tube gates 4' wide including all hardware, fabricate and install approximately 291' post and cable fence, fabricate and install approximately 20' pipe rail guardrail, and install approximately 934 LF concrete maintenance strip with integrated fence footings and weld plates. TOTAL ITEM 1: $ /LS( 1 d (Unit Price Amounts shall be shown in both words and numerals. In case of discrepancy, the amount shown in words shall govern.) Bidder's Initials ADDITIVE OPTION:1 AM. 1 LS Fabricate and install approximately 85' steel tube fence), as shown in plans shall include but not limited to fabricate and install approximately 85' steel tube fence, 85 LF concrete maintenance strip with integrated fence footings and weld plates, complete in place TOTAL ADDITIVE OPTION: TOTAL ADDITIVE OPTION AM $ /LS( ) (Amounts shall be shown in both words and numerals. In case of discrepancy, the amount shown in words shall govern.) ADDITIVE OPTION:2 A2-1. 8 EA Fabricate and install approximately 8' steel tube fence panel, as shown in plans shall include but not limited to fabricate and install approximately 8' steel tube fence, 8 LF concrete maintenance strip with integrated fence footings and weld plates, complete in place TOTAL ADDITIVE OPTION: _ 1 TOTAL ADDITIVE OPTION A2-1 $ /EA( ) (Amounts shall be shown in both words and numerals. In case of discrepancy, the amount shown in words shall govem.) i Bidder hereby agrees to commence the work on the above project on a date to be specified in a written "Notice to Proceed" of the Owner and to substantially complete the project within 30 (THIRTY) CALENDAR DAYS thereafter as stipulated in the specifications and other contract documents. Bidder hereby further agrees to pay to Owner as liquidated damages the sum of $100 (ONE HUNDRED) PER DAY in excess of the time set forth herein above for completion of this project, all as more fully set forth in the general conditions of the contract documents. ¢ , Bidder understands and agrees that this bid submittal shall be completed and submitted in accordance with instruction number 28 of the General Instructions to Bidders. Bidder understands that the Owner reserves the right to reject any or all bids and to waive any formality in the bidding. The Bidder agrees that this bid shall be good and may not be withdrawn for a period of sixty (60) calendar days after the scheduled closing time for receiving bids. The undersigned Bidder hereby declares that he has visited the site of the work and has carefully examined the plans, specifications and contract documents pertaining to the work covered by this bid, and he further agrees to commence work on or before the date specified in the written notice to proceed, and to substantially complete the work on which he has bid; as provided in the contract documents. Bidders are required, whether or not a payment or performance bond is required, to submit a cashier's check or certified check issued by a bank satisfactory to the City of Lubbock, or a bid bond from a reliable surety company, payable without recourse to the order of the City of Lubbock in an amount not less than five percent (5%) of the total amount of the bid submitted as a guarantee that bidder will enter into a contract, obtain all required insurance policies, and execute all necessary bonds (if required) within ten (10) business days after notice of award of the contract to him. Bidder's Initials Enclosed with this bid is a Cashier's Check or Certified Check for Dollars ($ ) 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 Date: Authorized Signature ) (Printed or Typed Name) Company Address City, County State Telephone: - Fax: - Zip Code FEDERAL TAX ID or SOCIAL SECURITY No. M/WBE Firm: Woman Black American Native American Hispanic American 4 Asian Pacific American Other (Specify) SECTION 05500, METAL FABRICATIONS, PART 2 — PRODUCTS, 2.6 METAL FENCE AND GATES Shall be revised to read: E. Horizontals (Rails): 98" steel tubes I"x I" x 3116" in size as indicated on the drawings full fillet welded to posts and intermediate verticals. SECTION 05500, METAL FABRICATIONS, PART 3 — EXECUTION, 3.2 INSTALLATION, GENERAL Shall be revised to add: F. Temporary Fencing 1. A temporary fencing shall be required, in the event that the Contractor is not complete with the installation of the metal fence by May 25, 2010. The contractor shall provide temporary chain link construction fencing approximately 8' eight feet outside of the proposed 2.6 metal fence shown on the plans. a. Fence shalt be tnade of panels, 6' tall x 12' long wltop and bottom rail. Panels shall also have mid rails on both axes. b. Chain link fabric shall be attached with steel ties or other means that will prevent easy detachment. c. Individual panels shall be securely attached to adjacent panels. d. Panels shall be held in place by either 1) posts driven into the soil, or 2) stabilizing "feet", rigidly attached to the panels, extending out at right angles to the fence min 24" on both sides. e. Gate shall be composed of same type fence panel and shall be securely attached on the top and bottom with either cast or stamped hinges. f. Latch may be either- 1) a standard chain link fence latch w.1lock, or 2 j a chain with lock. Lock will be provided by the Owner. ITB 10-073-DD Buddy and Maria Elena Holly Plaza Improvements - Steel Tube Fence Addendum 2 City of Lubbock PURCHASING AND CONTRACT MANAGEMENT SUITE 102, MUNICIPAL BUILDING 1625 13TH STREET LUBBOCK, TEXAS 79401 PH:(806)775-2164 FAX:(806)775-3326 http://purchasing.ci.lubbock-tx.us DATE ISSUED: CLOSE DATE: ADDEND UM 2 ITB 10-073-DD Buddy and Maria Elena Holly Plaza Steel Tube Fence March 26, 2010 April 5, 2010 @ 3:00 P.M. The following items take precedence over specifications for the above named Invitation to Bid (ITB). Where any item called for in the ITB documents is supplemented here, the original requirements, not affected by this addendum, shall remain in effect. 1. Bidders must submit the SECOND REVISED BID SUBMITTAL FORM, attached. All requests for additional information or clarification must be submitted in writing and directed to; Marta Alvarez, Purchasing Manager, Lubbock, P.O. Box 2000, Lubbock, Texas 79457 Questions may be faxed to (806)775-2164 or Email to malvarez(a,mylubbock.us. THANK YOU, Marta Alvarez CITY OF LUBBOCK It is the intent and purpose of the City of Lubbock that this request permits competitive bids. It shall be the bidders responsibility to advise the Purchasing Manager if any language, Muirements 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-10-073-DD AD2 ITB 10-073-DD Buddy and Maria Elena Holly Plaza Improvements - Steel Tube Fence Addendum 2 *** SECOND REVISED*** BID SUBMITTAL FORM UNIT PRICE BID CONTRACT DATE: PROJECT NUMBER: ITB-10-073-DD- Buddy and Maria Elena Holly Plaza - Steel Tube Fence Bid of (hereinafter called Bidder) To the Honorable Mayor and City Council City of Lubbock, Texas (hereinafter called Owner) Ladies and Gentlemen: The Bidder, in compliance with your Invitation to Bid for the construction of Buddy and Maria Elena Holly Plaza - Steel Tube Fence, having carefully examined the plans, specifications, instructions to bidders, notice to bidders and all other related contract documents and the site of the intended work, and being familiar with all of the conditions surrounding the construction of the intended project including the availability of materials and labor, hereby intends to furnish all labor, materials, and supplies; and to construct the project in accordance with the plans, specifications and contract documents, within the time set forth therein and at the price stated below. The bidder binds himself on acceptance of his bid to execute a contract and any required bonds, according to the accompanying forms, for performing and completing the said work within the time stated and for the prices stated below. BASE BID Estimated Item Quantity No. & Unit Description of Item Total Amount 1 LS Work includes but is not limited to items described below. It is understood that Work in addition to these items may also be necessary to accomplish the complete Contract.; fabricate and install approximately 728' steel tube fence, fabricate and install two steel tube gates 7' wide and four steel tube gates 4' wide including all hardware, fabricate and install approximately 291' post and cable fence, fabricate and install approximately 20' pipe rail guardrail, install approximately 728 LF concrete maintenance strip with integrated fence footings and weld plates and install approximately 88 LF concrete maintenance strip as per the plans and specifications. TOTAL ITEM 1: $ /LS ( (Unit Price Amounts shall be shown in both words and numerals. In case of discrepancy, the amount shown in words shall govern.) Bidder's Initials ITB-10-073-DD AD2 ITB 10-073-DD Buddy and Maria Elena Holly Plaza Improvements - Steel Tube Fence Addendum 2 ADDITIVE OPTION: 1 Al-l. 1 LS Fabricate and install approximately 85' steel tube fence), as shown in plans shall include but not limited to fabricate and install approximately 85' steel tube fence, 85 LF concrete maintenance strip with integrated fence footings and weld plates, complete in place i TOTAL ADDITIVE OPTION: TOTAL ITEM Al-l: $ 2S ( ) (Unit Price Amounts shall be shown in both words and numerals. In case of discrepancy, the amount shown in words shall govern.) ADDITIVE OPTION: 2 A2-1. 8 EA Fabricate and install approximately 8' steel tube fence panel, as shown in plans shall include but not limited to fabricate and install approximately 8' steel tube fence, 8 LF concrete maintenance strip with integrated fence footings and weld plates, complete in place. TOTAL ADDITIVE OPTION: TOTAL ITEM A2-1: $ 2S ( ) (Unit Price Amounts shall be shown in both words and numerals. In case of discrepancy, the amount shown in words shall govern.) Bidder hereby agrees to commence the work on the above project on a date to be specified in a written "Notice to Proceed" of the Owner and to substantially complete the project within 30 (THIRTY) calendar days thereafter as stipulated in the specifications and other contract documents. Bidder hereby further agrees to pay to Owner as liquidated damages the sum of $100 (ONE HUNDRED) PER DAY in excess of the time set forth herein above for completion of this project, all as more fully set forth in the general conditions of the contract documents. Bidder understands and agrees that this bid submittal shall be completed and submitted in accordance with instruction number 28 of the General Instructions to Bidders. Bidder understands that the Owner reserves the right to reject any or all bids and to waive any formality in the bidding. The Bidder agrees that this bid shall be good and may not be withdrawn for a period of sixty (60) calendar days after the scheduled closing time for receiving bids. The undersigned Bidder hereby declares that he has visited the site of the work and has carefully examined the plans, specifications and contract documents pertaining to the work covered by this bid, and he further agrees to commence work on or before the date specified in the written notice to proceed, and to substantially complete the work on which he has bid; as provided in the contract documents. Bidders are required, whether or not a payment or performance bond is required, to submit a cashier's check or certified check issued by a bank satisfactory to the City of Lubbock, or a bid bond from a reliable surety company, payable without recourse to the order of the City of Lubbock in an amount not less than five percent (5%) of the total amount of the bid submitted as a guarantee that bidder will enter into a contract, obtain all required insurance policies, and execute all necessary bonds (if required) within ten (10) business days after notice of award of the contract to him. Bidder's Initials rrB-10-073-DD AD2 9 rrB 10-073-DD Buddy and Maria Elena Holly Plaza Improvements - Steel Tube Fence Addendum 2 Enclosed with this bid is a Cashier's Check or Certified Check for Dollars ($ ) 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 maynot 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 FaT ITB-10-073-DD AD2 Date: Authorized Signature (Printed or Typed Name) Company Address City, County State Zip Code Telephone: Fax: FEDERAL TAX ID or SOCIAL SECURITY No. Woman Black American Native American Hispanic American Asian Pacific American Other (Specify) 3. 4. 5. 6. "> 7. 8. 9. 10. 11. 12. NOTICE TO BIDDERS GENERAL INSTRUCTIONS TO BIDDERS BID SUBMITTAL — (must be submitted by published due date & time) 3-1 LUMP SUM BID SUBMITTAL FORM 3-2. CITY OF LUBBOCK INSURANCE REQUIREMENT AFFIDAVIT 3-3. SAFETY RECORD QUESTIONNAIRE 3-4. SUSPENSION AND DEBARMENT CERTIFICATION LIST OF SUB -CONTRACTORS PAYMENT BOND PERFORMANCE BOND CERTIFICATE OF INSURANCE CONTRACT GENERAL CONDITIONS OF THE AGREEMENT DAVIS BACON WAGE DETERMINATIONS SPECIAL CONDITIONS (IF APPLICABLE) SPECIFICATIONS 3 NOTICE TO BIDDERS R l: NOTICE TO BIDDERS ITB-10-073-DD Sealed bids addressed to Marta Alvarez, Purchasing Manager, City of Lubbock, Texas, will be received in the office of the Purchasing and Contract Management Office, Municipal Building, 1625 13th Street, Room 204, Lubbock, Texas, 79401, until 3:00 P.M., April 1, 2010 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: "Buddy and Maria Elena Holly Plaza - Steel Tube Fence" After the expiration of the time and date above first written, said sealed bids will be opened in the office of the Purchasing and Contract Management Office and publicly read aloud. It is the sole responsibility of the bidder to ensure that his bid is actually in the office of the Purchasing and Contract. Management Office for the City of Lubbock, before the expiration of the date above first written. Bids are due at 3:00 P.M., April 1, 2010, and the City of Lubbock City Council will consider the bids on April 20, 2010 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 $50,000. Said statutory bonds should be issued by a company carrying a current Best Rating of "A" or better. THE BONDS MUST IN A FORM ACCEPTABLE TO THE CITY ATTORNEY AND MUST BE DATED THE SAME DATE THAT THE CONTRACT WAS AWARDED. Bidders are required, whether or not a payment or performance bond is required, to submit a cashier's or certified check issued by a bank satisfactory to the City of Lubbock, or a bid bond from a reliable surety company, payable without recourse to the order of the City of Lubbock in an amount not less than 5% of the total amount of the bid submitted as a guarantee that bidder will enter into a contract and execute all necessary bonds (if required) within ten (10) business days after notice of award of the contract to him. FAILURE OF THE BIDDER TO INCLUDE BID SECURITY WITH THE BID SUBMITTAL SHALL CONSTITUTE A NONRESPONSIVE BID AND RESULT IN DISQUALIFICATION OF THE BID SUBMITTAL. It shall be each bidder's sole responsibility to inspect the site of the work and to inform himself regarding all local conditions under which the work is to be done. It shall be understood and agreed that all such factors have been thoroughly investigated and considered in the preparation of the bid submitted. There will be a non -mandatory pre -bid conference on March 25, 2010 at 9:00 A.M., in Parks Conference Room,1010-9th Street, Lubbock, Texas. Bidders may download the specifications, at no cost, from BIDSYNC at www.bidsync.com Attention of each bidder is particularly called to the schedule of general prevailing rate of per diem wages included in the contract documents on file in the office of the Purchasing and Contract Management Office of the City of Lubbock, which document is specifically referred to in this Notice to Bidders. Each bidder's attention is further directed to Texas Government Code, Chapter 2258, Prevailing Wage Rates, and 7 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. t The City of Lubbock hereby notifies bidders that in regard to any contract entered into pursuant to this advertisement, minority and,women business enterprises shall be afforded equal opportunities to submit bids in response to this invitation and will not be discriminated against on the grounds of race, color, sex, disability, or national origin in consideration for an award. (� tX The City of Lubbock does not discriminate against persons with disabilities. City of Lubbock pre -bid meetings and bid openings are available to all persons regardless of disability. If you require special assistance, please contact the Purchasing and Contract Management Office at (806) 775-2171 or write to Post Office Box 2000, Lubbock, Texas 79457 at least 48 hours in advance of the meeting. CITY OF LUBBOCK MARTA ALVAREZ PURCHASING AND CONTRACT MANAGEMENT OFFICE GENERAL INSTRUCTIONS TO BIDDERS I 0 3.3 All addenda, amendments, and interpretations of this solicitation shall be in writing. The City of Lubbock shall not be legally bound by any amendment or interpretation that is not in writing. Only information supplied by the City of Lubbock Purchasing and Contract Management Office in writing or in this ITB should be used in preparing bid responses. All contacts that a bidder may have had before or after receipt of this M 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. EXAMINATION OF DOCUMENTS AND REQUIREMENTS j 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 Purchasing and Contract Management Office and a clarification obtained before the bids are received, and if no such notice is received by the Purchasing and Contract Management, Office prior to the opening of bids, then it shall be deemed that the bidder fully understands the work to be included and has provided sufficient sums in its bid to complete the work in accordance with these plans and specifications. If bidder does not notify Purchasing and Contract Management Office 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 1 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 Attomey 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 1= 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.' 12 x 7 LICENSES PERMITS TAXES The price or prices for the work shall include full compensation for all taxes, permits, etc. that the bidder is or may be required to pay. 8 UTILIZATION OF LOCAL BUSINESS RESOURCES Prospective bidders are strongly encouraged to explore and implement methods for the utilization of local resources, and to outline in their bid submittal how they would utilize local resources. 9 CONFLICT OF INTEREST 9.1 The bidder shall not offer or accept gifts or anything of value nor enter into any business arrangement with any employee, official or agent of the City of Lubbock. 9.2 By signing and executing this bid, the bidder certifies and represents to the City the bidder has not offered, conferred or agreed to confer any pecuniary benefit or other thing of value for the receipt of special treatment, advantage, information, recipient's decision, opinion, recommendation, vote or any other exercise of discretion concerning this bid. 10 CONTRACT DOCUMENTS 10.1 All work covered by the contract shall be done in accordance with contract documents described in the General Conditions. 10.2 All bidders shall be thoroughly familiar with all of the requirements set forth on the contract documents for the construction of this project and shall be responsible for the satisfactory completion of all work z 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 INQUHUES AND CLARIFICATION OF REQUIREMENTS 12.1 It is the intent and purpose of the City of Lubbock that this request permit competitive bids. It shall be the bidder's responsibility to advise the Purchasing and Contract Management Office if any language, requirements etc or any combinations thereof, inadvertently restricts or limits the requirements stated in this ITB to a single source. Such notification must be submitted in writing and must be received by the City of Lubbock Purchasing and Contract Management Office no later than five (5) calendar days before the bid closing date. A review of such notifications will be made. 12.2 NO BIDDER SHALL REQUEST ANY INFORMATION VERBALLY. ALL REQUESTS FOR ry ADDITIONAL INFORMATION OR CLARIFICATION CONCERNING THIS INVITATION TO BID (ITB) MUST BE SUBMITTED IN -WRITING NO LATER :THAN FIVE (5) CALENDAR DAYS PRIOR TO THE BID CLOSING DATE AND ADDRESSED TO: Darlene Doss, Buyer City of Lubbock Purchasing and Contract Management Office 1625 13`h Street, Room 204 Lubbock, Texas 79401 Fax: 806-775-2164 Email: ddoss(aDmylubbock.us J BidsYn c: www.bidsync.co 13 of the blasting. In addition, in all cases where explosives are authorized to be used, the Contractor shall use utmost care so as not to endanger life or property and the Contractor shall further use only such methods as are currently utilized by persons, firms, or corporations engaged in similar type of-= construction activity. 23.2 Explosive materials shall not be stored or kept at the construction site by the Contractor. 23.3 In all cases where explosives are to be used during the construction of the project contemplated by this contract, it shall be the duty of the Contractor to notify each utility company having structures (above or below the ground) in proximity to the site of the work of Contractor's intention to use explosives, and such notice shall be given sufficiently in advance to enable the companies to take such steps as they may deem necessary to protect their property from injury. Such notice, however, shall not relieve the Contractor of responsibility for any damage resulting from his blasting operations. 24 CONTRACTOR'S REPRESENTATIVE The successful 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. THE ADDITIONAL INSURED ENDORSEMENT SHALL INCLUDE PRODUCTS AND COMPLETE OPERATIONS. 26 LABOR AND WORKING HOURS 26.1 Attention of each bidder is particularly called to the schedule of general prevailing rate of per diem wages included in these contract documents. The wage rate that must be paid on this project shall not be less than specified in the schedule of general prevailing rates of per diem wages as above mentioned. The bidders' attention is further directed to the requirements of Texas Government Code, Chapter 2258, Prevailing Wage Rates providing for the payment of the wage schedules above mentioned and the bidder's obligations thereunder. The inclusion of the schedule of general prevailing rate of per diem It wages in the contract documents does not release the Contractor from compliance with any wage law that 16 t may be applicable. Construction work under the contract requiring an inspector shall not be performed on weekends or holidays unless the following conditions exist: 26.1.1 The project being constructed is essential to the City of Lubbock's ability to provide the necessary service to its citizens. 26.1.2 Delays in construction are due to factors outside the control of the Contractor. The Contractor is approaching the penalty provisions of the contract and Contractor can show he has made a diligent effort to complete the contract within the allotted time. 26.2 Before construction work requiring an inspector is to be performed on weekends or holidays, the Contractor must notify the Owner's Representative not less than three full working days prior to the weekend or holiday he desires to do work and obtain written permission from the Owner's Representative to do such work. The final decision on whether to allow construction work requiring an inspector on weekends or holidays will be made by the Owner's Representative. 26.3 In any event, if a condition should occur or arise at the site of this project or from the work being done under this contract which is hazardous or dangerous to property or life, the Contractor shall immediately commence work, regardless of the day of the week or the time of day, to correct or alleviate such condition so that it is no longer dangerous to property or life. 27 PAYMENT OF EMPLOYEES AND FILING OF PAYROLLS The contractor and each of his subcontractors shall pay each of his employees engaged in work on the project under this contract in full (less mandatory legal deductions) in cash, or by check readily cashable without discount, not less often than once each week. The Contractor and each of his subcontractors shall keep a record showing the name and occupation of each worker employed by the Contractor or subcontractor in the construction of the public work and the actual per diem wages paid to each worker. This record shall be open at all reasonable hours to inspection by the officers and agents of the City. The Contractor must classify employees according to one of the classifications set forth in the schedule of general prevailing rate of per diem wages, which schedule is included in the contract documents. The Contractor shall forfeit as a penalty to the City of Lubbock on whose behalf this contract is made, sixty dollars for each laborer, workman, or mechanic employed for each calendar day, or portion thereof, such laborer, workman or mechanic is paid less than the wages assigned to his particular classification as set forth in the schedule of general prevailing rate of per diem wages included in these contract documents. 28 PROVISIONS CONCERNING ESCALATION CLAUSES Bids submitted containing any conditions which provide for changes in the stated bid price due to increases or decreases in the cost of materials, labor or other items required for the project will be rejected and returned to the bidder without being considered. 29 PREPARATION FOR BID 29.1 The bidder shall submit his bid on forms furnished by the City. All blank spaces in the form shall be correctly filled in and the bidder shall state the price both in words and numerals, for which he intends to do the work contemplated or furnish the materials required. Such prices shall be written in ink, distinctly and legibly, or typewritten. In case of discrepancy between the price written in words and the price written in figures, the price written in words shall govern. 29.2 If the bid is submitted by an individual, his name must be signed by him or his duly authorized agent. If a bid is submitted by a firm, association, or partnership, the name and address of each member must be given and the bid signed by a member of the firm, association or partnership, or person duly authorized. If the bid is submitted by a company or corporation, the company or corporate name and business address must be given, and the bid signed by an official or duly authorized agent. Powers of attorney authorizing agents or others to sign bids must be properly certified and must be in writing and submitted with the bid. The bid shall be executed in ink. 29.3 Each bid shall be enclosed in a sealed envelope, addressed as specified in the Notice to Bidders, and endorsed on the outside of the envelope in the following manner: 17 j W 31 29.3.1 Bidder's name 29.3.2 Bid for (Buddy and Maria Elena Holly Plaza -Steel Tube Fence, ITB-10-073-DD). �a 29.4 Bid submittals may be withdrawn and resubmitted at any time before the time set for opening of the bids, but no bid may be withdrawn or altered thereafter. 29.5 Pursuant to Texas Local Government Code 252.043(g), a competitive sealed bid that has been t opened may not be changed for the purpose of correcting an error in the bid price. THEREFORE, ANY CORRECTIONS TO THE BID PRICE MUST BE MADE ON THE BID SUBMITTAL FORM PRIOR TO BID OPENING. BOUND COPY OF CONTRACT DOCUMENTS Bidder understands and agrees that the contract to be executed by bidder shall be bound and will include the following: (a) Notice to Bidders. (b) General Instructions to Bidders. (c) Bidder's Submittal. (d) Statutory Bonds (if required). (e) Contract Agreement. (f) General Conditions. (g) Special Conditions (if any). (h) Specifications. (i) Insurance Certificates for Contractor and all Sub -Contractors. (j) All other documents made available to bidder for his inspection in accordance with the Notice to Bidders. If Plans and Specifications are too bulky or cumbersome to be physically bound, they are to be considered incorporated by reference into the aforementioned contract documents. QUALIFICATIONS OF BIDDERS The bidder may be required before the award of any contract to show to the complete satisfaction of the City of Lubbock that it has the necessary facilities, ability, and financial resources to provide the service specified therein in a satisfactory manner. The bidder may also be required to give a past history and references in order to satisfy the City of Lubbock about the bidder's qualifications. The City of Lubbock may make reasonable investigations deemed necessary and proper to determine the ability of the bidder to perform the work, and the bidder shall furnish to the City of Lubbock all information for this purpose that may be requested. The bidder's bid may be deemed not to meet specifications or the bid may be rejected if the evidence submitted by, or investigation of, the bidder fails to satisfy the City of Lubbock that the bidder is properly qualified to carry out the obligations of the contract and to complete the work described therein. Evaluation of the bidder's qualifications shall include: (a) The ability, capacity, skill, and financial resources to perform the work or provide the service required. (b) The ability of the bidder to perform the work or provide the service promptly or within the time specified, without delay or interference. (c) The character, integrity, reputation, judgment, experience, and efficiency of the bidder. (d) The quality of performance of previous contracts or services. (e) The safety record of the Contractor and proposed Sub -Contractors Before contract award, the recommended contractor for this project may be required to show that he has experience with similar projects that require the Contractor to plan his work efforts and equipment needs with City of Lubbock specifications in mind. Demonstration of experience shall include a complete list of ALL similar municipal and similar non -municipal current and completed projects for the past three (3) years for review. This 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 I on this project in compliance with City of Lubbock specifications herein. 18 r_ may, 32 BID AWARD 32.1 The City of Lubbock reserves the right to reject any or all bids, reject any particular item on a bid, and to waive immaterial formalities and to accept the offer most advantageous to the City of Lubbock in its sole discretion. Unless otherwise specified herein, the City shall award the bid based on the total bid for Lump Sum Bid Item plus the sum of any Alternate Bids or Options the City may select. 32.2 All bids are evaluated for compliance with specifications before the bid price is considered. Response to specifications is primary in determining the best low bid. Failure to comply with the specifications may result in disqualification of the bid. 32.3 In case of tie bids, preference will be given to local bidders. Consistent and continued tie bidding may be cause for rejection of bids by the City of Lubbock and/or investigation by the Attorney General to determine possible Anti -Trust violations. 32.4 Before the City may award a bid to a nonresident bidder, the nonresident bidder's bid must be lower than lowest bid submitted by a responsible Texas bidder by the same margin or amount that a Texas bidder would be required to underbid the nonresident bidder in the nonresident bidders' home state. 32.5 Any contract made, or purchase order issued, as a result of this Invitation to Bid, shall be entered into the State of Texas and under the laws of the State of Texas. In connection with the performance of work, the Bidder agrees to comply with the Fair Labor Standard Act, Equal Opportunity Employment Act, and all other applicable Federal, State, and Local laws, regulations, and executive orders to the extent that the same may be applicable. 32.6 NO INDIVIDUAL OF ANY USING DEPARTMENT HAS THE AUTHORITY TO LEGALLY AND/OR FINANCIALLY COMMIT THE CITY TO ANY CONTRACT, AGREEMENT OR PURCHASE ORDER FOR GOODS OR SERVICES, UNLESS SPECIFICALLY SANCTIONED BY THE REQUIREMENTS OF THIS INVITATION TO BID. 33 ANTI -LOBBYING PROVISION 33.1 DURING THE PERIOD BETWEEN THE BID CLOSE DATE AND THE CONTRACT AWARD, BIDDERS, INCLUDING THEIR AGENTS AND REPRESENTATIVES, SHALL NOT DIRECTLY DISCUSS OR PROMOTE THEIR BID WITH ANY MEMBER OF THE LUBBOCK CITY COUNCIL OR CITY STAFF EXCEPT IN THE COURSE OF CITY - SPONSORED INQUIRIES, BRIEFINGS, INTERVIEWS, OR PRESENTATIONS, UNLESS REQUESTED BY THE CITY. 33.2 This provision is not meant to preclude bidders from discussing other matters with City Council �} members or City staff. This policy is intended to create a level playing field for all potential bidders, assure that contract decisions are made in public, and to protect the integrity of the bid process. Violation of this provision may result in rejection of the bidder's bid. 34 PREVAILING WAGE RATES 34.1 Bidders are required to comply with Texas Government Code, Chapter 2258, Prevailing Wage Rates, with respect to the payment of prevailing wage rates for the construction of a public work, including a building, highway, road, excavation, and repair work or other project development or r improvement, paid for in whole or in part from public funds, without regard to whether the work is done under public supervision or direction. A worker is employed on a public work if the worker is employed by the contractor or any subcontractor in the execution of the contract for the project 19 34.2 A worker employed on a public work by or on behalf of the City of Lubbock shall be paid not less than the general prevailing rate of per diem wages for the work of a similar character in the locality in which the work is performed, and not less than the general prevailing rate of per diem wages for legal holiday and overtime work. 34.3 The State of Texas has adopted the Federal Davis -Bacon wage rates for use in Texas pursuant to and in accordance with the Texas Government Code, Section 2258.022. Bidders may access the U. S. Department of Labor web site at the following web address to obtain the rates to be used in Lubbock County: hltp://www.gpo.gov/davisbacon/allstates.htrnl 34.4 It shall be the responsibility of the successful bidder to obtain the proper wage rates from the web site for the type of work defined in the bid specifications. 34.5 A contractor or subcontractor who violates Texas Government Code Section 2258.023 shall pay to the City of Lubbock $60 for each worker employed for each calendar day or part of the day that the worker is paid less than the wage rates stipulated in the contract. 20 BID SUBMITTAL FORM 6-7 mi y ITB 10-073-DD Buddy and Maria Elena Holly Plaza Improvements - Steel Tube Fence Addendum 2 s *** SECOND REVISED*** BID SUBMITTAL FORM UNIT PRICE BID CONTRACT DATE: I� l ao PROJECT NUMBER: ITB-10-073-DD- Buddy and Maria Elena Holly Plaza - Steel Tube Fence Bid of Cv� 1,�,a (`, 6 h -{�� nC (hereinafter called Bidder) To the Honorable Mayor and City Council City of Lubbock, Texas (hereinafter called Owner) Ladies and Gentlemen: The Bidder, in compliance with your Invitation to Bid for the construction of Buddy and Maria Elena Holly Plaza - Steel Tube Fence, having carefully examined the plans, specifications, instructions to bidders, notice to bidders and all other related contract documents and the site of the intended work, and being familiar with all of the conditions surrounding the construction of the intended project including the availability of materials and labor, hereby intends to furnish all labor, materials, and supplies; and to construct the project in accordance with the plans, specifications and contract documents, within the time set forth therein and at the price stated below. The bidder binds himself on acceptance of his bid to execute a contract and any required bonds, according to the accompanying forms, for performing and completing the said work within the time stated and for the prices stated below. BASE BID Estimated Item Quantity No. & Unit Description of Item Total Amount 1. 1 LS Work includes but is not limited to items described below. It is understood that Work in addition to these items may also be necessary to accomplish the complete Contract.; fabricate and install approximately 728' steel tube fence, fabricate and install two steel tube gates 7' wide and four steel tube gates 4' wide including all hardware, fabricate and install approximately 291' post and cable fence, fabricate and install approximately 20' pipe rail guardrail, install approximately 728 LF concrete maintenance strip with integrated fence footings and weld plates and install approximately 88 LF concrete maintenance strip as per the plans and specifications. TOTAL ITEM 1: ! ©� Jr�s�C�(,yt��ue�•�.c�Ud'�-urc�f'erJe�a�.�'Sevcnd�dla�s $_��� /LS (_-1 V � (Unit Price Amounts shall be shown in both words and numerals. In case of discrepancy, the amount shown in words shall govern.) I�SIW,?' Bidder's Initials rv� rrB-10-073-DD AD2 / L, rTB 10-073-DD Buddy and Maria Elena Holly Plaza Improvements - Steel Tube Fence Addendum 2 Enclosed with this bid is a Cashier's Check or Certified Check for Dollars ($ ) or a Bid Bond in the sum of 4 ' t _ 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. rl 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 U, PRICE MUST BE MADE ON THE BID SUBMITTAL FORM PRIOR TO BID OPENING. Z er is a Corporation) Bidder acknowledges receipt of the following addenda: Addenda No. _ _ Date_3:DL ! G) Addenda No.. Date 15" -{ L2 Addenda No. Date Addenda No. Date M/WBE Firm: L4-E Aoy,4 J--oJ' (Printed or Tjped Name) Company 1a;l- � � Bd,, Addres u nA 401A City, County T� ?6 S"7t; State Zip Code Telephone: 519 -Ogg- Fax: 5 [a - Uri 6 FEDERAL. TAX ID or SOCIAL SECURITY No. "74 Z72 3V96 Woman Black American Native American Ospanic American Asian Pacific American Other S eci rrB-10-073-DD AD2 k" SureTec Insurance Company THIS BOND RIDER CONTAINS IMPORTANT COVERAGE INFORMATION Statutory Complaint Notice To obtain information or make a complaint: You may call the Surety's toll free telephone number for information or to make a complaint at: 1-866-732-0099. You may also write to the Surety at: SureTec Insurance Company 9737 Great Hills Trail, Suite 320 Austin, TX 78759 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 PO 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. Terrorism Risks Exclusion The Bond to which this Rider is attached does not provide coverage for, and the surety shall not be liable for, losses caused by acts of terrorism, riot, civil insurrection, or acts of war. Exclusion of Liability for Mold, Mycotoxins, Fungi & Environmental Hazards 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 for any environmental hazards, bio-hazards, hazardous materials, environmental spills, contamination, or cleanup, nor the remediation thereof, nor the consequences to persons, property, or the performance of the bonded obligations, of the occurrence, existence, or appearance thereof. 2 City of Lubbock bid.doc rev. 11.11.03 c POA #: 4221066 SnreTec Insurance Company LIMTED POWER OF ATTORNEY Know AM Men by These Presen#s� That SUREi°EC INSURANCE COMPANY (the "CompattY'), a cotporation duly organized and existing under the laws of the. State of Texas, and having its principal office in Houston; Harris County, Texas, does by these presents make, constitute and appoint William Gammon, III, Matt Berry, Chuck Ridlehuber, Barbara Fillpot its true and lawful Attorney -in -fact, with full power and authority hereby conferred in its name, place and stead, to execute, acknowledge and deliver any and all bonds, recognizances, undertakings or other instruments or contracts of suretyship to include waivers to the conditions of contracts and consents of surety, providing the bond penalty does not exceed Five Million Dollars and no/100 ($5,000,000.00) and to bind the Company thereby as fully and to the same extent as if such bond were signed by the President, sealed with the corporate seal of the Company and duly attested by its Secretary, hereby ratifying and confirming all that the said Attomey(s)-in-Fact may do in the premises. Said appointment shall continue in force until 12/31/11 and is made under and by authority of the following resolutions of the Board of Directors of the SureTec Insurance Company: tfe it Resolved that the President, any Vice -President, any Assistant Viee-President, any Secretary or any Assistant Secretary shall be and is hereby vested with full power and authority to appoint anyone or more: suitable parsons as Attorney(s)-in-Fact to represent and act for and on behalf of the Company subject to the following provisions. Attorney -in Fact may be given full power and authority for and in the name of and of behalf of the Company, to execute, acknowledge and deliver, any and all bonds, recognizances, contracts, agreements or indemnity and other conditional or obligatory undertakings and any and all notices and documents canceling or terminating the Company's liability thereunder, and any such instruments so executed by. any such Attorney -in -Fact shall be binding upon the Company as if signed by the President and sealed and effected by the Corporate Secretary. Be it Resolver4 that the signature of any authorized officer and seal of the Company heretofore or hereafter affixed to any power of aoonrey or any certificate relating thereto by facsimile, and any power of attorney or certificate bearing f sinrile.signature or facsimile seal shall be valid and binding upon the Company with respect to any bond or undertaking to which it is attached. (Adopted at a meeting held on 20 of April, 1999.) In mess Whereof, SURETEC INSURANCE COMPANY has caused these presents to be signed by its President andits corporate seal to be hereto affixed this 28th day of October, A.D. 2008. SURETEC ib1S CE COMPANY State of Texas ss: B.-J. Kl] , ident County ofHarris ''`�ti 2 On this 28h day of October, 2008 before me personally came B.J. King, to me known, who, being by me duly sworn, did depose and say, that he resides in Houston, Texas, that he is President of SURETEC INSURANCE COMPANY, the company described in and which executed the above instrument; that he knows the seal of said Company, that the seal affixed to said instrument is such corporate seal, that it was so affixed by order of the Board of Directors of said Company; and that he signed his name thereto by like order. Hcheft178ru>jl' ft" Of s ice. &PWWAupq tVe Mrhelte Denny, Notary P tic My commission expires August 27, 2012 1, M. Brent Beaty, Assistant Secretary of SURETEC INSURANCE COMPANY, do hereby certify that ;the above and foregoing is a trite and correct copy of a Power of Attorney, executed by said Company, which is still in full fflrce and effect; and furtherrtiore, the resolutions of the Board of Directors, set out in the Power of Attorney are in firll force and effect. Given under my hand and the seal of said Company at Houston, Texas this, day ZO , A.D. M. Breant Secreistry Any Instrument Issued In excess of the penalty stated above is totally void and without any validity. For verification of the authority of this power your may raid (713) 812-0800 any business day between 8:00 am and sale prn CST. Z4��*taf�e of T�Cxaq SECRETARY OF STATE CERTIFICATE OF INCORPORATION OF CONSTRUCTION RENT -A -FENCE, INC. CHARTER NO. 1325955 The undersigned, as Secretary of State of Texas, hereby certifies that the attached Articles of Incorporation for the above named corporation have been received in this office and are found to conform to law. ACCORDINGLY, the undersigned, as Secretary of State, and by virtue of the authority vested in the Secretary by law, hereby issues this Certificate of Incorporation. Issuance of this Certificate of Incorporation does not authorize the use of a corporate name in this state in violation of the rights of another under the federal Trademark Act of 1946, the Texas trademark law, the Assumed Business or Professional Name Act, or the common law. Dated: September 14, 1994 Effective September 14, 1994 L�' ' v Secretary of State :CITY:0F LUBBOCK INSIAMMREQUIRENE NT AFFMA-VIT To Be Completed by Bidder and A61ont ]vlu tbesttliMT,(tW All Evid iA the undersigned Bidder, Wfify. ftt-the Insmito m-d. in this bid domonent have been reviowed by ine with tiie below Wjitirfiefi IpmM.0.0 AgOAY—Brokdf If I am f(warded. this contradt-b -able Y. the City of Lubbook I will be W, Vitt I- to (1Q), businoss A-f-ter. D614g. -nofftl6d... of such award y t - -1y of 10bock-, furntsh a volit] insuvanw to the, City ty ff yedgh aft d .8 tMigmMents eflued, in.: thi bid oerti#tAz CONTR.ACT-OIV-S-.F!P,MNA."Mt-., _Construction Rent -A -Fence Inc. -(Prfaor TYPO CONTRACTOWS-FIRMADDRBSO: P.O. Box 65 Thrall, TX 76578 AgeAtffirokerTelephone Ntu'riber.,.(.-512 DaW---Q4 02 2 Q Ythe time requiremoutqcClAod-Shov.� is notmot,41to-C-ity-has the rtg4tto- r otbet this bldniad, award tbagont Met, sto- an ►thor contfatfor. ff you'have, any questions concerning these requirements, please contact the Pwrobasing and Confract -m4na �gmp 8U6 775-111-1. y oftabbook at L -NOW— SAFETY RECORD QUESTIONNAIRE The City of Lubbock City Council desires to avail itself of the benefits of Section 252.0435 of the Local Government Code, and consider the safety records of potential contractors prior to awarding bids on City contracts. Pursuant to Section 252.0435 of the Local Government Code, City of Lubbock has adopted the following written definition and criteria for accurately determining the safety record of a bidder prior to awarding bids on City contracts. The definition and criteria for determining the safety record of a bidder for this consideration shall be: The City of Lubbock shall consider the safety record of the bidders in determining the responsibility thereof. The City may consider any incidence involving worker safety or safety of the citizens of the City of Lubbock, be it related or caused by environmental, mechanical, operational, supervision or any other cause or factor. Specifically, the City may consider, among other things: a. Complaints to, or final orders entered by, the Occupational Safety,and Health Review Commission (OSHRC), against the bidder for violations of OSHA regulations within the past three (3) years. b. Citations (as defined below) from an Environmental Protection Agency (as defined below) for violations within the past five (5) years. Environmental Protection Agencies include, but are not necessarily limited to, the U.S. Army Corps of Engineers (USACOE), the U.S. Fish and Wildlife Service (USFWS), the Environmental Protection Agency (EPA), the Texas Commission on Environmental Quality (TCEQ), the Texas Natural Resource Conservation Commission (TNRCC) (predecessor to the TCEQ), the Texas Department of State Health Services (DSHS), the Texas Parks and Wildlife Department (TPWD), the Structural Pest Control Board (SPCB), agencies of local governments responsible for enforcing environmental protection or worker safety related laws or regulations, and similar regulatory agencies of other states of the United States. Citations include notices of violation, notices of enforcement, suspension/revocations of state or federal licenses or registrations, fines assessed, pending criminal complaints, indictments, or convictions, administrative orders, draft orders, final orders, and judicial final judgments. C. Convictions of a criminal offense within the past ten (10) years, which resulted in bodily harm or death d. Any other safety related matter deemed by the City Council to be material in determining the responsibility of the bidder and his or her ability to perform the services or goods required by the bid documents in a safe environment, both for the workers and other employees of bidder and the citizens of the City of Lubbock. In order to obtain proper information from bidders so that City of Lubbock may consider the safety records of potential contractors prior to awarding bids on City contracts, City of Lubbock requires that bidders answer the following three (3) questions and submit them with their bids: QUESTION ONE Has the bidder, or the firm, corporation, partnership, or institution represented by the bidder, or anyone acting for such firm, corporation, partnership or institution, received citations for violations of OSHA within the past three (3) years? YES NO 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. 44 Bidder's Initials 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, dra 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 info ation given by me in this questionnaire shall be investigated, with my full permission, and that any misrepresentai&s or omissions may c#use my bid to be rejected. Signature _ V Title Fa SUSPENSION AND DEBARMENT CERTIFICATION Federal Law (A-102 Common Rule and OMB Circular A-110) prohibits non -Federal entities from contracting with or making sub -awards under covered transactions to parties that are suspended or debarred or whose principals are suspended or debarred. Covered transactions include procurement contracts for goods or services equal to or in excess of $25,000 and all non -procurement transactions (e.g., sub -awards to sub -recipients). Contractors receiving individual awards of $25,000 or more and all sub -recipients must certify that their organization and its principals are not suspended or debarred by a Federal agency. Before an award of $25,000 or more can be made to your firm, you must certify that your organization and its principals are not suspended or debarred by a Federal agency. I, the undersigned agent for the firm named below, certify that neither this firm nor its principals are suspended or debarred by a Federal agency. COMPANY NAME: COAS�,ruJl an Q0-A - Pcm-p-, nL. FEDERAL TAX ID or SOCIAL SF RITY No. 7q '4Q 30 Signature of Company 0 Printed name of company official signing above: Date Signed: 3 LIST OF SUB -CONTRACTORS 2 gyres Ro IT, Ct `-C1- t7: d Cl q Ct d r a 13 0 D o a 'q �3 CI PROPOSAL IF NO � icn 1 , CONSTRUCTION �-' RENT -A -FENCE RENTAL FENCES FOR CONSTRUCTION SITES & SPECIAL EVENTS Work In Progress Project Name: Breckenridge & Huffhines Park Ballfields Owner: City of Richardson Architect: N/A Contract Amount: $ 550,000 Percentage Complete: 95% Id Scheduled Completion: April 2010 FCompleted Projects From the Last 5 Years Project Name: Homeland Security Upgrades -Atlanta, Cleveland, Columbus, Denver (Phase 2), Kansas City, Louisville (Phase 2) Miami, New Orleans Owner: Greyhound Lines Architect: N/A Contract Amount: $2.55 Million with Change Orders Date Completed: September 2009 % Using Own Forces: 80% Project Name: Security Fence/Border Fence -- Owner: UT Brownsville, Texas Southernmost College Architect: Ambiotec Civil Engineering Group Contract Amount: $1.32 Million with Change Orders Date Completed: August 2009 % Using Own Forces: 100% Project Name: Broadway Pump Station Fencing Owner: City of Garland, GC -Red River Construction Architect: N/A Contract Amount: $148,814.00 Date Completed: July 2009 % Using Own Forces: 100% Project Name: Llano Stadium and Packsaddle Elem. Fencing Owner: Llano ISD, GC Vanguard -J Architect: Fromberg Associates, LTD Contract Amount: 3 Contracts-$88,980.00 with Change Orders Date Completed: July 2009 % Using Own Forces: 100% Main Office: P.O.Box 65-Thrall, Texas 76578 - (512) 898-2551 - FAX (512) 898-2044 I CONSTRUCTION F-RENT-A-FENCE RENTAL FENCES FOR CONSTRUCTION SITES & SPECIAL EVENTS Project Name: Owner: Architect: Contract Amount: Date Completed: % Using Own Forces: Project Name: Owner: Architect: Contract Amount: Date Completed: % Using Own Forces: Homeland Security Upgrades -Los Angeles, Phoenix, Denver (Phase 1), Baton Rouge, Boston, Louisville (Phase 1), White River Junction Greyhound Lines N/A $1.3 Million with Change Orders July 2008 80% Fencing at Trinity High School Hurst Euless Bedford ISD HKS, Inc. $130,033.00 December 2007 100% ***More Projects Available Upon Request*** Key Personnel and Present Commitments Tom Ford, President • No present commitments that will interfere with construction scheduling and progress • 30 years fence experience which includes over 100 school related projects involving fencing, over 100 projects involving iron fencing, multiple Homeland Security fences and airport perimeter fences. * Worked at all levels of fence installation from laborer to supervisor to project manager and currently president of the company. Thomas Ford, Head of Operations • No present commitments that will interfere with construction scheduling and progress • 12 years fence experience which includes over 30 school related projects involving fencing, over 30 projects involving iron fencing, multiple Homeland Security fences and airport perimeter fences. • Worked at all levels of fence installation from laborer to supervisor to project manager and currently Head of Operations for the company. 0 Certified Gate Operator Installer • Completed OSHA training • Completed Contractors Safety Council Course Main Office: P.O.Box 65•Thrall, Texas 76578 - (512) 898-2551 - FAX (512) 898-2044 CONSTRUCTION F-RENT-A-FENCE RENTAL FENCES FOR CONSTRUCTION SITES & SPECIAL EVENTS Kevin Massar, Project Superintendent • No present commitments that will interfere with construction scheduling and progress • Business Management Degree from Texas Tech University • New to the Company, works as a project bidder, scheduler and material management. Juan Gonzales, Jobsite Project Superintendent • No present commitments that will interfere with construction scheduling and progress • 15 years fence experience which includes over 50 school related projects involving fencing, over 50 projects involving iron fencing, multiple Homeland Security fences and airport perimeter fences. _. • Worked at all levels of fence installation from laborer to supervisor and is currently Jobsite Project Superintendent. • Certified welder F Main Office: P.O.Box 65•Thrall, Texas 76578 • (512) 898-2551 • FAX (512) 898-2044 l., LENGLISH & COMMUNICATION DEPARTMENT THE UNIVERSITY OF TEXAS AT BROWNSVILLE and TEXAS SOUTHMOST COLLEGE 80 Fort Brown • Brownsville, Texas 78520 • (9561882.8239 • Fax: (956) 882-7064 March 11, 2009 Wayne Moore Ph.D. Special Assistant to the President for New Construction and Professor of English Dear Selection Committee: I give my highest recommendation to Construction Rent -A -Fence. As Vice President of UfB%TSC for many years and now as Special Assistant I have worked directly with more than 20 construction contractors on large and small projects over the last twenty years. The folks at Construction Rent -A -Fence are first class, easy to work with, flexible, and trustworthy. They are the current contractors for our perimeter fence that we are constructing as a compromise with the United State Border Patrol. This project is very high profile and Tommy, Tom, and Larry have been excellent. The fence is on schedule, within budget (even with many changes that have been required), and change order pricing has been extremely fair —which is not the case many times with contractors. They have exceeded our expectations. I would use them again without hesitation. If you need an additional information, I would be leased to Y Y P talk with you. C- Sincerely, Wayne a Ph.D. ' Office: 956 882 7600 Cell: 956 245 6228 i i L September 8, 2008 To Whom It May Concern: With funding from TxDOT Avation, Construction Rent -A -Fence, Inc. has completed an 8-foot tall game fence at Sonora Municipal Airport. With funding from FAA, Construction Rent -A - Fence, Inc. also completed an 8-foot tall security fence and five electric cantilever sliding gates at Abilene Regional Airport. As the Project Engineer on both of these projects, I worked closely with Mr. Tom Ford and his crew. The projects were completed on time and within our construction budgets with only minor warranty issues. Both of these projects' issues were quickly fixed to my satisfaction. Mr. Ford and his crew were very diligent in providing me what I had designed on these projects and made recommendations for better improvements when needed. Due to the fair compensation paid for these projects and the satisfactory project experience, we would certainly enjoy working for Mr. Tom Ford and his Construction Rent -A -Fence crew again. If you have any questions, please contact me at (325) 698-5560. Weldon Scrivner Weldon Scrivner, P.E. Project Engineer Enprotec / Hibbs & Todd, Inc. 402 Cedar Street Abilene, Texas 79601 wscrivner@e-ht.com M 13 September 2, 2008 To Whom It May Concern: Greyhound Lines Inc. has contracted with Construction Rent a Fence to erect security fences, access controls and electronic gates at eight separate locations through out the US at various Greyhound terminals and garages. As project manager for those projects installed last summer, I can attest that they were completed on time and within budget, with only minor warranty issues. Those issues were quickly taken care of to Greyhound's satisfaction. Due to the success of these projects, Greyhound is presently working with CRAF to develop scopes for an additional thirteen sites for the upcoming fiscal year. We anticipate the same level of satisfaction on those projects. If anyone has any questions or would like more details, please feel free to contact me. David Grubbs, Architect for Greyhound Lines Inc. Grubbs and Associates 905 Princeton Ave Billings MT 59102 406 252-4596 davidgrubbs59@bresnan.net Construction Rent -A -Fence, Inc. KNOW ALL MEN BY THESE PRESENTS, that (f hereina ter called the I 4rance.Co�npany, 9737 Great Hills Trail, Ste. 320, Austin, TX 78759 . �1 event One Thousand Three Hundred Twe#!.t1t9.xven and kV 1 3 2 7 o and surety bind ffiemseAves) tmd their halts, admWatatw, by thecae presents. MAS the Pjinelpal has exftmd into a certain wdUen wontct with tharObUgtt, 4a0a the _b np.e= &-i:&'o 3---Dp , VS e.I'T - 3 3y. 177M7 i� 4 7 b.0 b TMWORE, THE CONDITION OF TMs OBLIGATION IS SUCH$ that if the said Priucipal shall. pay ola its au-PlYbg 14bor and zaterW to him or a subcontractor in the prosecutioli of the work provided for in said this Wivation shall bevoid; otherwise to rem= in fiffl force and eff�t; MV-00, HOW, R� t* ft bond is axecutod,pat mt to the, provisions .�e Vdadd M 3 04 bUftm: on this bond shad be -dot�ed:' aeWrdaum- wilb &0-'x0 Atm:d td*_gamolwspit as it weft dopiedat-len min. 91h Aa IN VMS s t Nff=OF, the SaW Principal (s) and Surety (s) have signed and scaled this iris 21 dad* Apri ,S.uretec Insurance Company Construction Rent -A- Fenecp, (Tide Chuck Ridlehuber, Attorney -in -Fact 6 By-. Wendy, Ford (Print9ANamq) Vice President (Title) No Text PERFORMANCE BOND 1 �i *Construction Rent -A -Fence, Inc. ' hmeiUafter mud tho pem4taw as -Pdn.apeaw, md Suretec -sIn 7-17. Gr-ea uanco. Ste. 320, Austin, TX 78759 Qhoteir after calledft Sur % V(s), as Swety(s), are hold and firmly bound imto the City of Lubbock (herthiafter called the e, ,6eventy one Thousand Three Hundred Twenty Seven and NODMarS 7 1 , 3 2 7 . 0 0 ) lawfifl money of the in thamoum 0 pf&e� St4tog for, the p� 4y=nt whereof, the said Principal, and Surety bind themselvos, and their heirs, administrators, t F, th IN WRI ms WMEO s said Prhioipal (s) and Surety (s) have Biped and sealed fts Sw'a: i"OA A r ii�.. Construction (C=Vaay NMO) By, Wendy Ford By, (P I-ed Name) 71a Chuck Ridlehuber, Attorney -in -Fact mature) 3 Vice President (Title-) The undewiped;=otyoomp8nyrepre.stints that it is 4*qpqIifIed to do:b'usinew in $ aad onvhom U m0wrS aM w , *Steve Nelson Suretec Ipsurance Company Vice President & General Counsel sway 9737 Great �kills Trail, #320 Aus,tin, TX 78759 �y 512 732-0099 to Chuck Ridlehub I Eir' At: torn-e')(- ih-'Fac Jry, ,j V, Now if si ped by an Of -See of the Surety Company them must be on Me a oer-Oad extrad from t*e that:this persori has authorhy to Ap such Obliption. If aimed by an Attorney in Fact, we tnW lliv& cap.YOf -auotmy for out files SureTec Insurance Company THIS BOND RIDER CONTAINS IMPORTANT COVERAGE INFORMATION Statutory Complaint Notice To obtain information or make a complaint: You may call the Surety's toll free telephone number for information or to make a complaint at: 1-866-732-0099. You may also write to the Surety at: SureTec Insurance Company 9737 Great Hills Trail, Suite 320 Austin, Tx 78759 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: PO Box 149104 Austin, TX 78714-9104 Fax#: 512-475-1771 Web: http://www.tdi.state.tx.us Email: ConsumerProtection@tdi.state.tx.us 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. Terrorism Risks Exclusion The Bond to which this Rider is attached does not provide coverage for, and the surety shall not be liable for, losses caused by acts of terrorism, riot, civil insurrection, or acts of war. Exclusion of Liability for Mold, Mycotoxins, Fungi & Environmental Hazards 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 for any environmental hazards, bio-hazards, hazardous materials, environmental spills, contamination, or cleanup, nor the remediation thereof, nor the consequences to persons, property, or the performance of the bonded obligations, of the occurrence, existence, or appearance thereof. POA #: 4221066 SureTec Insurance Company LIMITED POWER OF ATTORNEY .Know All Men by These Presents, That SURETEC INSURANCE COMPANY (the "Company'l, a corporation duly organized and existing under the laws of the State of Texas, and having its principal office in Houston, Harris County, Texas, does by these presents make, constitute and appoint William Gammon, III, Matt Berry, Chuck Ridlehuber, Barbara Fillpot its true and lawful Attorney -in -fact, with full power and authority hereby conferred in its name, place and stead, to execute, acknowledge and deliver any and all bonds, recognizances, undertakings or other instruments or contracts of suretyship to include waivers to the conditions of contracts and consents of surety, providing the bond penalty does not exceed Five Million Dollars and no/100 ($5,000,000.00) and to bind the Company thereby as fully and to the same extent as if such bond were signed by the President, sealed with the corporate seal of the Company and duly attested by its Secretary, hereby ratifying and confirming all that the said Attorneys) -in -Fact may do in the premises. Said appointment shall continue in force until 12/31/11 and is made under and by authority of the following resolutions of the Board of Directors of the SureTec Insurance Company: Be it Resolved, that the President, any Vice -President, any Assistant Vice -President, any Secretary or any Assistant Secretary shall be and is hereby vested with full power and authority to appoint any one or more suitable persons as Attomey(s)-in-Fact to represent and act for and on behalf of the Company subject to the following provisions: Attorney -in -Fact may be given full power and authority for and in the name of and of behalf of the Company, to execute, acknowledge and deliver, any and all bonds, recognizances, contracts, agreements or indemnity and other conditional or obligatory undertakings and any and all notices and documents canceling or terminating the Company's liability thereunder, and any such instruments so executed by vry such Attomey-in-Fact shall be binding upon the Company as if signed by the President and sealed and effected by the Corporate Secretary. Be it Resolved, that the signature of any authorized officer and seal of the Company heretofore or hereafter affixed to any power of attorney or any certificate relating thereto by facsimile, and any power of attorney or certificate bearing facsimile signature or facsimile seal shall be valid and binding upon the Company with respect to any bond or undertaking to which it is attached. (Adopted at a meeting held on 20 of April, 1999) In Witness Whereof, SURETEC INSURANCE COMPANY has caused these presents to be signed by its President, and its corporate seal to be hereto affixed this 28th day of October, A.D. 2008. ,0 SURETEC INSYGICE COMPANY B.J. KI ldent State of Texas ss: County of Harris On this 28h day of October, 2008 before me personally came B.J. King, to me known, who, being by me duly sworn, did depose and say, that he resides in Houston, Texas, that he is President of SURETEC INSURANCE COMPANY, the company described in and which executed the above instrument that he knows the scat of said Company; that the seal affixed to said instrument is such corporate seal; that it was so affixed by order of the Board of Directors of said Company; and that he signed his name thereto by like order. Whelle NtoeuyPi�fo �j • MipnstliT, e01te01t tv M (4 y 04 Michelle Denny, Notary POW My commission expires August 27, 2012 1, M. Brent Beaty, Assistant Secretary of SURETEC INSURANCE COMPANY, do hereby certify that the above and foregoing is a true and convect copy of a Power of Attorney, executed by said Company, which is still in full force and effect; and fitrthermore, the resolutions of the Board of Directors, set out in the Power of Attorney are in full force and effect. Given under my hand and the seal of said Company at Houston, Texas this 91 ay of , 20Z�2_, A.D. M. BrentBeaty, Assistanf Secretary Any Instrument Issued In excess of the penalty stated above is totally void and without any validity. ri I For verification of the authority of this power you nay call (713) 812-0800 any business day between 8:00 am and $:00 pm CST. ACORD CERTIFICATE OF LIABILITY INSURANCE OP ID RT=OF (MM/DD/YYYY) CONST-14 30 10 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER INFORMATI, William Gammon Insurance 1615 Guadalupe ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW Austin TX 78701 Phone: 512-477-6745 INSURERS AFFORDING COVERAGE NAIC # INSURED INSURERA: America First Lloyds INSURER B: America First Insurance Co. Construction Rent -A -Fence Inc P.O. BOX 65 Thrall TX 76578 INSURERC: Hanover Insurance Company 22292 INSURER D: - INSURER E: THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTW iTHS-rANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. LTR NSR TYPE OF INSURANCE POLICY NUMBER DATE MtVIFDDlYYE DATEYMMPDD/ 1�N LIMITS GENERAL LIABILITY EACH OCCURRENCE $ 1, 0 0 0, 0 0 0 A X COMMERCIAL GENERAL LIABILITY CLAIMS MADE [j] OCCUR CBP9853840 05/29/09 05/29/10 PREMISES Eaoccurence $ 100, 000 MED EXP (Any one person) $ 5 , 0 0 0 PERSONAL & ADV INJURY $ 1, 0 0 0, 0 0 0 GENERAL AGGREGATE $ 2, 0 0 0, 0 0 O GEN'L AGGREGATE LIMIT APPLIES PER POLICY X JERCOTLl LOC PRODUCTS - COMP/OP AGG $ 2 , 0 0 0 , 0 0 0 A AUTOMOBILE X LIABILITY ANY AUTO BA9853640 05/29/09 05/29/10 COMBINED SINGLE LIMIT (Ea accident) $ 1,000,000 ALL OWNED AUTOS SCHEDULED AUTOS BODILY INJURY (Per Person) $ X X HIRED AUTOS NON -OWNED AUTOS BODILY INJURY (Per accident) $ PROPERTY DAMAGE (Per accident) $ GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $ ANY AUTO OTHER THAN EA ACC AUTO ONLY: qGG $ $ B EXCESS/UMBRELLA LIABILITY X I OCCUR CLAIMSMADE CU9854140 05/29/09 05/29/10 EACH OCCURRENCE $ 6, 0 0 0, 0 0 0 AGGREGATE $ 6, 000, 000 $ DEDUCTIBLE X RETENTION $ 10000 $ A WORKERS COMPENSATION AND ANY PROPRIETORIIETOR/PARTNER/EXECUTIVE EMPLOYERILITY OFFICERWEMBER EXCLUDED? If yes, describe under SPECIAL PROVISIONS below WC8034519 05/29/09 05/29/10 X TORY LIMITS ER E.L. EACH ACCIDENT $ 1, 000, 000 E.L. DISEASE - EA EMPLOYE $ 1, 0 O 0,000 E.L. DISEASE - POLICY LIMIT $ 1 000 000 OTHER A Rented/Leased Equi IM8159153 05/29/09 05/29/10 Rtd/Lsd 75,000 C Builders Risk IHD797401100 04/21/10 04/21/11 Bldrs Rsk 500,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES / EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS The City of Lubbock is Additional Insured on all policies except the Workers' Compensation as required by written contract. Waiver of Subrogation granted in favor of City of Lubbock as required by written contract.All coverage evidence herein shall be primar and non-contributory. CERTIFICATE HOLDER CANCELLATION CITYLUB SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION City of Lubbock DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 10 DAYS WRITTEN Marta Alvarez, Purchasing Mgr NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL Purchasing Deo t , Room 204 IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR 1625 13th Street Lubbock TX 79401 REPRESENTATIVES. AUTH�R ESENTAT _ ACORD 25 (2001108) ©ACORD CORPORATION 1 IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement - on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. 1 1 1 CERTIFICATE OF INSURANCE CERTIFICATE OFINCE TO: CITY OF LUBBOCK DATE: P.O. BOX 2000, Room 204 LUBBOCK, TX 79457 TYPE OF PROJECT: THIS IS TO CERTIFY THAT (Name and Address of Insured) is, at the date of this certificate, insured by this Company with respect to the business operations hereinafter described, for the typed of insurance and in accordance with the provisions of the standard policies used by this company, the further hereinafter described. Exceptions to standard policy noted hereon. TYPE OF INSURANCE POLICY NUMBER EFFECTIVE EFFECTIVE LIMITS DATE DATE GENERAL LIABILITY ❑ Commercial General Liability General Aggregate $ ❑ Claims Made Products-Comp/Op AGG $ ❑ Occurrence Personal & Adv. Injury $ ❑ Owner's & Contractors Protective Each Occurrence $ ❑ Fire Damage (Any one Fire) $ Med Exp (Any one Person) $ AUTOMOTIVE LIABILITY ❑ Any Auto Combined Single Limit $ ❑ All Owned Autos Bodily Injury (Per Person) $ ❑ Scheduled Autos Bodily Injury (Per Accident) $ ❑ Hired Autos Property Damage $ ❑ Non -Owned Autos GARAGE LIABILITY ❑ Any Auto Auto Only - Each Accident $ ❑ Other than Auto Only: Each Accident $ Aggregate $ ❑ BUILDER'S RISK ❑ 100% of the Total Contract Price $ ❑ INSTALLATION FLOATER $ EXCESS LIABILITY ❑ Umbrella Form Each Occurrence $ Aggregate $ ❑ Other Than Umbrella Form $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY The Proprietor/ ❑ Included Statutory Limits Partners/Executive ❑ Excluded Each Accident $ Offices are: Disease Policy Limit $ Disease -Each Employee $ OTHER ( '£ The above policies either in the body thereof or by appropriate endorsement provide that they may not be changed or canceled by the insurer in less than the legal time required after the insured has received written notice of such change or cancellation, or in case there is no legal requirement, in less than five days in advance of cancellation. FIVE COPIES OF THE CERTIFICATE OF INSURANCE (Name of Insurer) MUST BE SENT TO THE CITY OF LUBBOCK Title: The Insurance Certificates Furnished shall name the City of Lubbock as a Primary Additional Insured on General Liability and provide a Waiver of Subrogation in favor of the City of Lubbock. THE ADDITIONAL INSURED ENDORSEMENT SHALL INCLUDE PRODUCTS AND COMPLETE OPERATIONS. 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: t � LA 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. THE ADDITIONAL INSURED ENDORSEMENT SHALL INCLUDE PRODUCTS AND COMPLETE OPERATIONS. REQUIRED WORKERS' COMPENSATION COVERAGE f "The law requires that each person working on this site or providing services related to this construction project must (see reverse) be covered by workers' compensation insurance. This includes persons providing, hauling, or delivering equipment and materials, or providing labor or transportation or other service related to the project, regardless of the identity of their employer or status as an employee." "Call the Texas Workers' Compensation Commission at 512-305-7238 to receive information on the legal requirement for coverage, to verify whether your employer has provided the required coverage, or to report an employer's failure to provide coverage." and (8) contractually require each person with whom it contracts to provide services on a project, to: (A) provide coverage based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements for all of its employees providing services on the project, for the duration of the project; (B) provide a certificate of coverage to the contractor prior to that person beginning work on the project; (C) include in all contracts to provide services on the project the language in subsection (e) (3) of this rule; (D) provide the contractor, prior to the end of the coverage period, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (E) obtain from each other person with whom it contracts, and provide to the contractor: (i) a certificate of coverage, prior to the other person beginning work on the project; and (ii) prior to the end of the coverage period, a new certificate of coverage showing extension of the coverage period, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (F) retain all required certificates of coverage on file for the duration of the project and for one year thereafter; (G) notify the governmental entity in writing by certified mail or personal delivery, within (ten) 10 --, days after the person knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project; and (H) contractually require each other person with whom it contracts, to perform as required by paragraphs (A) - (H), with the certificate of coverage to be provided to the person for whom they are providing services. 1 CONTRACT WL. IMMI:1i_..... , V. STATE OF TEXAS COUNTY OF LUBBOCK THIS AGREEMENT, made and entered into this 19`h day of April, 2010 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 Construction Rent -A -Fence Inc. of the City of Thrall, County of Williamson, 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: ITB-10- 0073-DD BUDDY AND MARIA ELENA HOLLY PLAZA - STEEL TUBE FENCE and all extra work in connection therewith, under the terms as stated in the contract documents and at his (or their) own proper cost and expense to furnish all materials, supplies, machinery, equipment, tools, superintendence, labor, insurance and other accessories and services necessary to complete the said construction in accordance with the contract documents as defined in the General Conditions of Agreement Construction Rent -A -Fence Inc.'s bid dated April 5, 2010 is incorporated into and made a part of this agreement. The CONTRACTOR hereby agrees to commence work within ten days after the date written notice to do so shall have been given to him and to substantially complete same within the time specified in the contract documents. The OWNER agrees to pay the CONTRACTOR in current funds for the performance of the contract in accordance with the bid submitted therefore, subject to additions and deductions, as provided in the contract documents and to make _., payment on account thereof as provided therein. IN WITNESS WHEREOF, the parties to these presents have executed this agreement in Lubbock, Lubbock County, Texas in the year and day first above written. COMPLETE ADDRESS: Company A5 ru itt�r Address a0 bs City, S e, Zi lit ATT Corporate SecretIvy C.' CITY OF LUBBOCK, TEXAS (OWNER): By: MA OR ATTEST: 'D V, �d -C �& 4- City 9kretary APPROVED AS TO Director, Scott Snider AP OV AS FORM: City Attorney GENERAL CONDITIONS OF THE AGREEMENT GENERAL CONDITIONS OF THE AGREEMENT 2 3. i! �~ 5 WN: Whenever the word Owner, or First Party, are used in this contract, it shall be understood as referring to the City of Lubbock, Texas. 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 Construction Rent -A -Fence. Inc. who has agreed to perform the work embraced in this contract, or their legal representative. OWNER'S REPRESENTATIVE Whenever the word Owner's Representative or representative is used in this contract, it shall be understood as referring to, City of Lubbock, or its representative CRAIG WUENSCHE. PARK DEVELOPMENT MANAGER, so designated who shall inspect constructions; or to such other representatives, supervisors, architects, engineers, or inspectors as may be authorized by said Owner to act in any particular under this agreement. Engineers, supervisors or inspectors shall act for the Owner under the direction of Owner's Representative, but shall not directly supervise the Contractor or persons acting on behalf of the Contractor. CONTRACT DOCUMENTS The contract's documents shall consist of the Notice to Bidders, General Instructions to Bidders, Bid, Signed Agreement, Statutory Bonds (if required), General Conditions of the Agreement, Special Conditions of the Agreement (if any), Specifications, Plans, Insurance Certificates, and all other documents made available to Bidder for inspection in accordance with the Notice to Bidders. The above described materials are sometimes referred to herein as the "contract" or "contract documents". INTERPRETATION OF PHRASES Whenever the words "Directed," "Permitted," "Designated," "Required," "Considered Necessary," "Prescribed," or words of like import are used, it shall be understood that the direction, requirement, permission, order, designation or prescription of the Owner's Representative is intended; and similarly, the words "Approved," "Acceptable," "Satisfactory," or words of like import shall mean approved by or acceptable or satisfactory to the Owner's Representative. 6. SUBCONTRACTOR The term Subcontractor, as employed herein, includes only those having a direct contract with the Contractor for performance of work on the project contemplated by these contract documents. Owner shall have no responsibility to any Subcontractor employed by Contractor for performance of work on the project contemplated by these contract documents, but said Subcontractors shall look exclusively to Contractor for any payments due Subcontractor. The City reserves the right to approve or disapprove the selection of any subcontractor(s). 7. A'RITTEN NOTICE Written notice shall be deemed to have been duly served if delivered in person to the individual or to a member of the firm or to an Office of the corporation for whom it is intended, or if delivered at or sent certified mail to the last business address known to the party who gives the notice. CONTRACTOR'S RESPONSIBILITIES a "I 11 12. 13 Unless otherwise stipulated, the Contractor shall provide and pay for all materials, supplies, machinery, equipment, tools, superintendence, labor, insurance, and all water, light, power, fuel, transportation and all other facilities necessary for the execution and completion of the work covered by the contract documents. Unless otherwise specified, all materials shall be new and both workmanship and materials shall be of a good quality. The Contractor shall, if required, furnish satisfactory evidence as to the kind and quality of materials. Materials or work described in words which so applied have well known, technical or trade meaning shall be held to refer such recognized standards. All work shall be done and all materials furnished in strict conformity with the contract documents. SUBSTANTIALLY COMPLETED The term "Substantially Completed" is meant that the structure or project contemplated by the contract documents has been made suitable for use or occupancy or the facility is in a condition to serve its intended purpose, but still ~ may require minor miscellaneous work and adjustment. LAYOUT Except as specifically provided herein, the Contractor shall be responsible for laying out all work and shall accomplish this work in a manner acceptable to the Owner's Representative. The Owner's Representative shall check the Contractor's layout of all major structures and any other layout work done by the Contractor at Contractor's request, but this check does not relieve the Contractor of the responsibility of correctly locating all work in accordance with the Plans and Specifications. KEEPING OF PLANS AND SPECIFICATIONS ACCESSIBLE The Contractor shall be furnished copies of all Plans and Specifications without expense to Contractor and Contractor shall keep one copy of same consistently accessible on the job site. RIGHT OF ENTRY The Owner's Representative may make periodic visits to the site to observe the progress or quality of the executed work and to determine, in general, if the work is proceeding in accordance with the contract documents. Owner's Representative shall not be required to make exhaustive or continuous onsite inspections to check the quality or quantity of the work, nor shall Owner's Representative be responsible for the construction means, methods, techniques, sequences or procedures, or the safety precautions incident thereto. Notwithstanding the Owner's Representative's rights of entry hereunder, the Owner's Representative shall not be responsible for the Contractor's failure to perform the work in accordance with the Contract Documents. LINES AND GRADES All lines and grades shall be furnished whenever Owner's Representative deems said lines and grades are necessary for the commencement of the work contemplated by these contract documents or the completion of the work contemplated by these contract documents. Whenever necessary, Contractor shall suspend its work in order to permit Owner's Representative to comply with this requirement, but such suspension shall be as brief as practical and Contractor shall be allowed no extra compensation therefore. The Contractor shall give the Owner's Representative ample notice of the time and place where lines and grades are needed. All stakes, marks, etc., shall be carefully preserved by the Contractor, and in case of careless destruction or removal by Contractor, its Subcontractors, or its employees, such stakes, marks, etc., shall be replaced by the Owner's Representative at Contractor's expense. Vl 1If 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. [1 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 fimiished and the work done under this Agreement, and to see that said material is furnished and said work is done in accordance with the specifications therefore. The Contractor shall furnish all reasonable aid and assistance required by the subordinate engineers, supervisors or inspectors for the proper inspection and examination of the work. The Contractor shall regard and obey the directions and instructions of any subordinate engineers, supervisors or inspectors so appointed, when such directions and instructions are consistent with the obligations of this Agreement and accompanying plans and specifications provided, however, should the Contractor object to any orders by any subordinate engineer, supervisor or inspector, the Contractor may within fifteen (15) calendar days make written appeal to the Owner's Representative for its decision. In the absence of timely written objection by Contractor, as provided herein, any and all objection or objections shall be deemed waived. 16. CONTRACTOR'S DUTY AND SUPERINTENDENCE The Contractor shall give personal attention to the faithful prosecution and completion of this contract and shall keep on the work, during its progress, a competent superintendent and any necessary assistants, all satisfactory to Owner's Representative. The superintendent shall represent the Contractor in its absence and all directions given to superintendent shall be binding as if given to the Contractor. It is expressly agreed that adequate supervision by competent and reasonable representatives of the Contractor is essential to the proper performance of the work and lack of such supervision shall be grounds for suspending operations of the Contractor. The work, from its commencement to completion, shall be under the exclusive charge and control of the Contractor and all risk in connection therewith shall be borne by the Contractor. The Owner or Owner's Representatives shall not be responsible for the acts or omissions of the Contractor, or any subcontractors, or any of Contractor's agents or employees, or any other persons performing any of the work. 17. CONTRACTOR'S UNDERSTANDING It is understood and agreed that the Contractor has, by careful examination, satisfied itself as to the nature and location of the work, the confirmation of the ground, the character, quality and quantity of materials to be encountered, the character of equipment and facilities needed preliminary to and during the prosecution of the work, and the general and local conditions, and all other matters which in any way affect the work under the contract documents. No oral agreement or conversation with any Office, agent, or employee of the Owner, or Owner's Representative either before or after the execution of this contract, shall affect or modify any of the 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. 10 In the event said extra work be performed and paid for under Method (C)(1), then the provisions of this paragraph shall apply and the "actual field cost" is hereby defined to include the cost of all workmen, such as foremen, timekeepers, mechanics and laborers, materials, supplies, teams, trucks, rentals on machinery and equipment, for the time actually employed or used on such extra work, plus actual transportation charges necessarily incurred, together with all expenses incurred directly on account of such extra work, including Social Security, Old Age Benefits, Maintenance Bonds, Public Liability and Property Damage and Workers' Compensation and all other insurances as may be required by law or ordinances or directed by the Owner or Owner's Representative, or by them agreed to. Owner's Representative may direct the form in which accounts of the actual field cost shall be kept and records of these accounts shall be made available to the Owner's Representative. The Owner's Representative may also specify in writing, before the work commences, the method of doing the work and the type and kind of machinery and equipment to be used; otherwise, these matters shall be determined by the Contractor. Unless otherwise agreed upon, the prices for the use of machinery and equipment shall be determined by using 100%, unless otherwise specified, of the latest Schedule of Equipment and Ownership Expenses adopted by the Associated General Contractors of America. Where practical, the terms and prices for the use of machinery and equipment shall be incorporated in the written extra work order. The fifteen percent (15%) of the actual field cost to be paid to Contractor shall cover and compensate Contractor for its profit, overhead, general superintendence and field office expense, and all other elements of cost and expense not embraced within the actual field cost as herein defined, save that where the Contractor's Camp or Field Office must be maintained primarily on account of such Extra Work, then the cost to maintain and operate the same shall be included in the "actual field cost." No claim for extra work of any kind shall be allowed unless ordered in writing by Owner's Representative. In case any orders or instructions appear to the Contractor to involve extra work for which Contractor should receive compensation or an adjustment in the construction time, Contractor shall prior to commencement of such extra work, make written request to the Owner's Representative for a written order authorizing such extra work. Should a difference of opinion arise as to what does or does not constitute extra work or as to the payment therefore, and the Owner's Representative insists upon its performance, the Contractor shall proceed with the work after making written request for written order and shall keep adequate and accurate account of the actual field cost thereof, as provided under Method (C) (1). If Contractor does not notify Owner's Representative before the commencement of any extra work, any claim for payment due to alleged extra work shall be deemed waived. 25. DISCREPANCIES AND OMISSIONS It is further agreed that it is the intent of the contract documents that all work described in the bid, the specifications, plans and other contract documents, is to be done for the prices quoted by the Contractor and that such price shall include all appurtenances necessary to complete the work in accordance with the intent of these contract documents as interpreted by Owner's Representative. Notices of any discrepancies or omissions in these plans, specifications, or contract documents, shall be given to the Owners' Representative and a clarification obtained before the bids are received, and if no such notice is received by the Owner's Representative prior to the opening of bids, then it shall be deemed that the Contractor fully understands the work to be included and has provided sufficient sums in its bid to complete the work in accordance with these plans and specifications. If Contractor does not notify Owner's Representative before bidding of any discrepancies or omissions, then it shall be deemed for all purposes that the plans and specifications are sufficient and adequate for completion of the project. It is further agreed that any request for clarification must be submitted no later than five (5) calendar days prior to the opening of bids. 26. RIGHT OF OWNER TO MODIFY METHODS AND EQUIPMENT If at any time the methods or equipment used by the Contractor are found to be inadequate to secure the quality of work with the rate of progress required under this contract, the Owner or Owner's Representative may order the Contractor in writing to increase their safety or improve their character and efficiency and the Contractor shall comply with such order. If, at any time, the working force of the Contractor is inadequate for securing the progress herein specified, the Contractor shall, if so ordered in writing, increase its force or equipment, or both, to such an extent as to give reasonable assurance of compliance with the schedule of progress. 13 i 27. PROTECTION AGAINST ACCIDENT TO EMPLOYEES AND THE PUBLIC AND GENERAL INDEMNITY The Contractor shall take out and procure a policy or policies of Workers' Compensation Insurance with an insurance company licensed to transact business in the State of Texas, which policy shall comply with the Workers' Compensation laws of the State of Texas. The Contractor shall at all times exercise reasonable precaution for the safety of employees and others on or near the work and shall comply with all applicable provisions of federal, state and municipal laws and building and construction codes. All machinery and equipment and other physical hazards shall be guarded in accordance with the "Manual of Accident Prevention in Construction" of Associated General Contractors of America, except where incompatible with federal, state or municipal laws or regulations. The Contractor, its sureties and insurance carriers shall defend, indemnify and hold harmless the Owner and all of its Offices, agents and employees against any all losses, costs, damages, expenses, liabilities, claims and/or causes of action, whether known or unknown, fixed, actual, accrued or contingent, liquidated or unliquidated, including, but not limited to, attorneys' fees and expenses, in connection with, incident to, related to, or arising out of, the Contractor's or any subcontractor's, agent's or employee's, in any manner whatsoever, omission, execution and/or supervision of this contract, and the project which is the subject matter of this contract. The safety precautions taken shall be the sole responsibility of the Contractor, in its sole discretion as an Independent Contractor; inclusion of this paragraph in the Agreement, as well as any notice which may be given by the Owners or the Owner's Representative concerning omissions under this paragraph as the work progresses, are intended as reminders to the Contractor of its duty and shall not be construed as any assumption of duty to Ui 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 a cancellation or any material change shall be provided ten (10) calendar days in advance of cancellation or change. All policies of insurance, required herein, including policies of insurance required to be provided by Contractor and its subcontractors, shall contain a waiver of any and all of the insurer's or payor's, in the event of self- insurance, rights to subrogation that any such insurer or payor, in the event of self-insurance, may acquire by virtue of payment of any loss under such insurance or self-insurance. All certificates of insurance submitted to J 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. 14 A. Commercial 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 B. Owner's and Contractor's Protective Liability Insurance - NOT REQUIRED C. Comprehensive Automobile Liability Insurance (Waiver of Subrogation Required) The Contractor shall have Comprehensive Automobile Liability Insurance with limits of not less than; Bodily Injury/Property Damage, $100,000 Combined Single Limit, to include all owned and non -owned cars including: Employers Non -ownership Liability Hired and Non -owned Vehicles. D. Builder's Risk Insurance/Installation Floater Insurance NOT REQUIRED E. Umbrella Liability Insurance NOT REQUIRED F. Worker's Compensation and Employers Liability Insurance (Waiver of Subrogation required) Worker's Compensation Insurance covering all employees whether employed by the Contractor or any Subcontractor on the job with Employers Liability of at least $500,000. Definitions: t 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 persons 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 withQ1 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 l 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 �3 on the project, for the duration of the project. _i 15 t_, 3. The Contractor must provide a certificate of coverage to the governmental entity prior to being awarded the contract. 4. If the coverage period shown on the Contractor's current certificate of coverage ends during the duration of the project, the Contractor must, prior to the end of the coverage period, file a new certificate of coverage with the governmental entity showing that coverage has been extended. 5. The Contractor shall obtain from each person providing services on the project, and provide to the governmental entity: (a) a certificate of coverage, prior to that person beginning work on the project, so the governmental entity shall have on file certificates of coverage showing coverage for all persons providing services on the project; and (b) no later than seven days after receipt by the Contractor, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project. 6 The Contractor shall retain all required certificates of coverage for the duration of the project and for one year thereafter. 7. The Contractor shall notify the governmental entity in writing by certified mail or personal delivery, within 10 days after the Contractor knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project. in the text, form by 8. The Contractor shall post on each project site a notice, and manner prescribed the Texas Workers' Compensation Commission, informing all persons providing services on the project that they are required to be covered, and stating how a person may verify coverage and report lack of coverage. 9. The Contractor shall contractually require each person with whom it contracts to provide services on the project, to: (a) provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements, which meets the statutory requirements of Texas Labor Code, Section 401.011(44) for all of its employees providing services on the project, for the duration of the project; (b) provide to the Contractor, prior to that person beginning work on the project, a certificate of coverage showing that coverage is being provided for all employees of the person providing services on the project, for the duration of the project; (c) provide the Contractor, prior to the end of the coverage period, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (d) obtain from each other person with whom it contracts, and provide to the Contractor: (1) a certificate of coverage, prior to the other person beginning work on the project; and a (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; 16 G. (e) retain all required certificates of coverage on file for the duration of the project and for one year thereafter; (f) notify the governmental entity in writing by certified mail or personal delivery, within 10 �$ days after the person knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project; and (g) contractually require each person with whom it contracts to perform as required by paragraphs (a) - (g), with the certificates of coverage to be provided to the person for whom they are providing services. 10. By signing this contract or providing or causing to be provided a certificate of coverage, the Contractor is representing to the governmental entity that all employees of the Contractor who shall provide services on the project shall be covered by worker's compensation coverage for the duration of the project, that the coverage will be based on proper reporting of classification codes and payroll amounts, and that all coverage agreements will be filed with the appropriate insurance carrier or, in the case of a self -insured, with the commission's Division of Self -Insurance Regulation. Providing false or misleading information may subject the Contractor to administrative penalties, criminal penalties, civil penalties, or other civil actions. 11. The Contractor's failure to comply with any of these provisions is a breach of contract by the Contractor which entitles the governmental entity to declare the contract void if the Contractor does not remedy the breach within ten days after receipt of notice of breach from the governmental entity. Proof of Coverage Before work on this contract is commenced, each Contractor and subcontractor shall submit to the Owner for approval five Certificates of Insurance covering each insurance policy carried and offered as evidence of compliance with the above insurance requirements, signed by an authorized representative of the insurance company setting forth: (1) The name and address of the insured. t- (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 1 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 i project based on proper reporting of classification codes and payroll amounts and filling of any coverage agreements; 17 t _ yak t (b) provide a certificate of coverage showing workers' compensation coverage to the governmental entity prior to beginning work on the project; (c) provide the governmental entity, prior to the end of the coverage period, a new certificate of coverage showing extension of coverage, if the coverage period shown on the Contractor's current certificate of coverage ends during the duration of the project; (d) obtain from each person providing services on a project, and provide to the governmental entity: (i) a certificate of coverage, prior to that person beginning work on the project, so the governmental entity will have on file certificates of coverage showing coverage for all persons providing services on the project; and .-. (ii) no later than seven days after receipt by the Contractor, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (e) retain all required certificates of coverage on file for the duration of the project and for one year thereafter; (f) notify the governmental entity in writing by certified mail or personal delivery, within 10 days after the Contractor knew or should have known, of any change that materially r . 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 "y of their employer or status as an employee. " - "Call the Texas Workers' Compensation Commission at 800-372-7713 or 512-804- 4000 (www.tdi.state.tx.us) to receive information of the legal requirements for coverage, to verify whether your employer has provided the required coverage, or to report an employer's failure to provide coverage; " and (h) contractually require each person with whom it contracts to provide services on a project, to: (i) provide coverage based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements for all of its employees providing 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: 18 29 M "By signing this contract or providing or causing to be provided a certificate of coverage, the person signing this contract is representing to the governmental entity that all employees of the person signing this contract who will provide services on the project will be covered by workers' compensation coverage for the duration of the project, that the coverage will be based on proper reprinting of classification codes and payroll amounts, and that all coverage agreements will be filed with the appropriate insurance carrier or, in the case of a self -insured, with the commission's Division of Self -Insurance Regulation. Providing false or misleading information may subject the Contractor to administrative penalties, criminal penalties, civil penalties, or other civil actions."; (iv) provide the Contractor, prior to the end of the coverage period, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (v) obtain from each other person with whom it contracts, and provide to the Contractor: V (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 j 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 -1 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. 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. PROTECTION AGAINST CLAIMS OF SUBCONTRACTORS LABORERS MATERIALMEN AND FURNISHERS OF MACHINERY, EQUIPMENT AND SUPPLIES Without limiting, in any way, manner or form, the indemnity provided by Contractor in paragraph 27 hereof, the Contractor agrees that it will indemnify and save the Owner and all of its Offices, agents and employees, harmless against any and all claims, liabilities, losses, damages, expenses and causes of action arising out of, in any way, manner or form, the demands of subcontractors, laborers, workmen, mechanics, material men and furnishers of 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 19 satisfactory evidence that all obligations of the nature hereinabove designated have been paid, discharged or waived. 31. PROTECTION AGAINST ROYALTIES OR PATENT INVENTION The Contractor shall pay all royalties and license fees, and shall provide for the use of any design, device, material or process covered by letters patent or copyright by suitable legal agreement with the Patentee or owner thereof. Without limiting, in any way, manner or form, the indemnity provided by Contractor in paragraph 27 hereof, the Contractor shall defend all suits or claims for infringement of any patent or copyrights and shall indemnify and save the Owner, and all of its Offices, agents and employees harmless from any loss on account thereof, except that Owner shall defend all such suits and claims and shall be responsible for all such loss when a particular design, device, material or process or the product of a particular manufacturer or manufacturers is specified or required in these contract documents by Owner; provided, however, if choice of alternate design, device, material or process is allowed to the Contractor, then Contractor shall indemnify and save Owner, and all of its Offices, agents and employees harmless from any loss on account thereof. Notwithstanding anything herein to the contrary, if the material or process specified or required by Owner and/or this contract is an infringement, the Contractor shall be responsible for such loss unless it gives written notice of such infringement to the Owner's Representative prior to bidding. 32. LAWS AND ORDINANCES The Contractor shall at all times observe and comply with all federal, state and local laws, ordinances and regulations, which in any manner affect the contract or the work, and without limiting, in any way, manner or form, the indemnity provided by Contractor in paragraph 27 hereof, Contractor shall indemnify and save harmless the Owner, and all of its Offices, agents, and employees against any claims arising from the violation of any such laws, ordinances, and regulations, whether by the Contractor, its employees, or subcontractors. If the Contractor observes that the plans and specifications are at variance therewith, he shall notify the Owner's Representative in writing prior to bidding and any necessary changes shall be adjusted as provided in the contract for changes in the work. In the absence of timely written notification to Owner's Representative of such variance or variances within said time, any objection and/or assertion that the plans and specifications are at variance with any federal, state or local laws, ordinances or regulations shall be deemed waived. If the Contractor, its employees or subcontractors perform any work contrary to such laws, ordinances, rules and regulations, and without such notice to the Owner's Representative, Contractor shall bear all costs arising therefrom. The Owner is a municipal corporation of the State of Texas and the law from which it derives its powers, insofar as the same regulates the objects for which, or the manner in which, or the conditions under which the Owner may enter into contracts, shall be controlling, and shall be considered as part of this contract to the same effect as though embodied herein. 33. SUBCONTRACTING The Contractor agrees that it will retain personal control and will give its personal attention to the fulfillment of this contract. The Contractor further agrees that subletting of any portion or feature of the work, or materials required in the performance of this contract, shall not relieve the Contractor from its full obligations to the Owner, as provided by the contract documents. 34. TIME FOR SUBSTANTIAL COMPLETION AND LIQUIDATED DAMAGES It is hereby understood and mutually agreed by and between the Contractor and the Owner, that the date of beginning and time for completion as specified in the contract documents, of work to be done hereunder are essential conditions of this contract; and it is further mutually understood and agreed that the work embraced in this contract shall be commenced as provided in the contract documents. -4 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 20 t 35 M 37 may withhold permanently from Contractor's total compensation, the sum of $25 (TWENTY-FIVE ) PER DAY, not as a penalty, but as liquidated damages for the breach of the contract as herein set forth for each and every working day that the Contractor shall be in default after the time stipulated for substantially completing the work. It is expressly understood and agreed, by and between Contractor and the Owner, that the time for the substantial completion of the work described herein is reasonable time for the completion of the same, taking into consideration the average climatic range and conditions and usual industrial conditions prevailing in this locality. The amount is fixed and agreed upon by and between the Contractor and the Owner because the actual damages the Owner would sustain in such event would be difficult and/or impossible to estimate, however, the amount agreed upon herein is a reasonable forecast of the amount necessary to render just compensation to Owner, and is expressly agreed to be not disproportionate to actual damages as measured at time of breach. IT IS FURTBER AGREED AND UNDERSTOOD BETWEEN THE CONTRACTOR AND OWNER THAT TIME IS OF THE ESSENCE OF THIS CONTRACT. TIME AND ORDER OF COMPLETION It is the meaning and intent of this contract, unless otherwise herein specifically provided, that the Contractor shall be allowed to prosecute its work at such time and sessions, in such order of precedence, and in such manner as shall be most conductive to economy of construction; provided, however, that the order and time of prosecution shall be such that the work shall be substantially completed as a whole and in part, in accordance with this contract, the plans and specifications, and within the time of completion designated in the 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. 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. 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. 21 I 38. QUANTITIES AND MEASUREMENTS No extra or customary measurements of any kind will be allowed, but the actual measured or computed length, area, solid contents, number and weight only shall be considered, unless otherwise specifically provided. In the event this contract is let on a unit price basis, then Owner and Contractor agree that this contract, including the specifications, plans and other contract documents are intended to show clearly all work to be done and material to be furnished hereunder. Where the estimated quantities are shown, and only when same are expressly stated to be estimates, for the various classes of work to be done and material to be furnished under this contract, they are approximate and are to be used only as a basis for estimating the probable cost of the work and for comparing their bids offered for the work. In the event the amount of work to be done and materials to be furnished are expressly stated to be estimated, and only when same are expressly stated to be estimated, it is understood and agreed that the actual amount of work to be done and the materials to be furnished under this contract may differ t l 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 Offices, 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 22 43. 44 45. Contractor up to and including the last day of the preceding month. The determination of the partial payment by the Owner's Representative shall be in accordance with Paragraph 14 hereof. The Owner shall then pay the Contractor on or before the fifteenth day of the current month the total amount of the Owner's Representative's Certificate of Partial Payment, less 5% of the amount thereof, which 5% shall be retained until final payment, and further, less all previous payments and all further sums that may be retained by Owner under the terms of the contract documents. Any partial payment made hereunder shall not constitute a waiver by the Owner of any and all other rights to enforce the express terms of the contract documents, and all remedies provided therein, as to any and all work performed, to be performed and/or materials delivered hereunder, including, but limited to, work to which said partial payment is attributable. SUBSTANTIAL COMPLETION Contractor shall give Owner's Representative written notice of substantial completion. Within thirty-one (31) working days after the Contractor has given the Owner's Representative written notice that the work has been substantially completed, the Owner's Representative and/or the Owner shall inspect the work and within said time, if the work be found to be substantially completed in accordance with the contract documents, the Owner's Representative shall issue to the Owner and Contractor a certificate of substantial completion. Notwithstanding the issuance of a certificate of substantial completion, Contractor shall proceed with diligence to finally complete the work within the time provided in this contract. FINAL COMPLETION AND PAYMENT The Contractor shall give written notice to Owner's Representative of final completion. Upon written notice of final completion, the Owner's Representative shall proceed to make final measurement to determine whether final completion has occurred. If the Owner's Representative determines final completion has occurred, Owner's Representative shall so certify to the Owner. Upon certification by Owner's Representative of final completion, Owner shall pay to the Contractor on or before the 31 st working day after the date of certification of final completion, the balance due Contractor under the terms of this agreement. Neither the certification of final completion nor the final payment, nor any provisions in the contract documents shall relieve the Contractor of the obligation for fulfillment of any warranty which may be required in the contract documents and/or any warranty or warranties implied by law or otherwise. CORRECTION OF WORK Contractor shall promptly remove from Owner's premises all materials condemned by the Owner's Representative on account of failure to conform to the contract documents, whether actually incorporated in the work or not, and Contractor shall at its own expense promptly replace such condemned materials with other materials conforming to the requirements of the contract documents. Contractor shall also bear the expense of restoring all work of other contractors damaged by any such removal or replacement. If Contractor does not remove and replace any such condemned work within a reasonable time after a written notice by the Owner or the Owner's Representative, Owner may remove and replace it at Contractor's expense. Neither the final payment, nor certification of final completion or substantial completion, nor any provision in the contract documents shall relieve the Contractor of responsibility for faulty materials or workmanship, and Contractor shall remedy any defects due thereto and pay for any damage to other work resulting therefrom, which shall appear within a period of one (1) year from the date of certification of final completion by Owner's Representative. 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: 23 t (a) Defective work not remedied and/or work not performed. (b) Claims filed or reasonable evidence indicating possible filing of claims. t (c) Damage to another contractor. When the above grounds are removed, or the Contractor provides a surety bond satisfactory to the Owner, in the amount withheld, payment shall be made for amounts withheld because of them. 47. CLAIM OR DISPUTE It is further agreed by both parties hereto that all questions of dispute or adjustment presented by the Contractor shall be in writing and filed with the Owner's Representative within fifteen (15) calendar days after the Owner's Representative has given any direction, order or instruction to which the Contractor desires to take exception. Timely written notice of dispute as provided in this contract of any decision by Owner's Representative or Owner shall be a condition precedent to the bringing and/or assertion of any action or claim by Contractor of any right under this Contract. If the matters set forth in the notice of dispute are not granted or otherwise responded to by Owner's Representative within fifteen (15) calendar days of receipt of notice of dispute by Owner's Representative, said objections shall be deemed denied. Any decision by the Owner's Representative, or deemed denial by the Owner's Representative, shall be final and conclusive in the absence of fraud. It is further agreed that the acceptance by the Contractor of the final payment shall be a bar to any and all claims of the Contractor, and constitute a waiver of the right to assert any claim against Owner, Owner's agents and employees and =' Owner's Representative, by Contractor. 48. NON-COMPLIANCE AND/OR ABANDONMENT BY CONTRACTOR In case the Contractor should (1) abandon and fail or refuse to resume work within fifteen (15) calendar days after written notification from the Owner or the Owner's Representative, or (2) if the Contractor fails to comply with the written orders of the Owner's Representative, when such orders are consistent with this contract, then the Surety on the bond shall be notified in writing and directed to complete the work and a copy of said notice shall - be delivered to the Contractor. In the event a bond is not required by law, or otherwise obtained by the Contractor, no further notice of such non-compliance to Contractor shall be required. After receiving said notice of abandonment or non-compliance , the Contractor shall not remove from the work any machinery, equipment, tools, materials or supplies then on the job, but the same, together with any materials and equipment under the contract for work, may be held for use on the work by the Owner or the Surety of the Contractor, or another contractor, in completion of the work; and the Contractor shall not receive any rental or credit therefore (except when used in connection with Extra Work, where credit shall be allowed as provided for under paragraph 24 of this contract); it being understood that the use of such equipment and materials will ultimately reduce the cost to complete the work and be reflected in the final settlement. In the event the Contractor, or Surety, whichever is applicable, should fail to commence compliance with the notice hereinbefore provided within ten (10) calendar days after service of such notice, and/or shall fail to proceed with diligence to complete the project as contemplated and in compliance with all terms and provisions of the contract documents, then the Owner may exercise any and all remedies available to it pursuant to law, contract, equity or otherwise, including, but not limited to, providing for completion of the work in either of the following elective manners: (a) The Owner may employ such force of men and use of machinery, equipment, tools, materials and i 1 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 24 49 50 (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. 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. The Contractor is required to furnish a performance bond in accordance with Chapter 2253, Government Code, in the amount of 100% of the total contract price in the event that said contract price exceeds $100,000 and the Contractor is required to furnish a payment bond in accordance with Chapter 2253, Government Code, in the amount of 100% of the total contract price in the event that said contract price exceeds $25,000. All bonds shall 25 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 t 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. 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 26 1 EXHIBIT A GENERAL DECISION: TX20080028 02/08/2008 TX28 Date: February 8, 2008 General Decision Number: TX20080028 02/08/2008 Superseded General Decision Number: TX20070028 State: Texas Construction Types: Heavy and Highway Counties: Ector, Lubbock, Midland, Potter, Randall, Taylor and Tom Green Counties in Texas. HEAVY (excluding tunnels & dams) and HIGHWAY PROJECTS (does not Include building structures in rest area projects). Modification Number Publication Date 0 02/08/2008 * SUTX2004-001 11/09/2004 Rates Fringes Asphalt Distributor Operator ... $ 9.25 0.00 Asphalt Heater Operator ........ $ 11.21 0.00 Asphalt paving machine operator$ 11.16 0.00 Asphalt Raker ..................$ 9.51 0.00 Broom or Sweeper Operator ...... $ 8.57 0.00 Bulldozer operator ...........$ 9.76 0.00 Carpenter.... $ 12.61 0.00 Concrete Finisher, Paving ...... $ 13.26 0.00 Concrete Finisher, Structures..$ 11.20 0.00 Crane, Clamshell, Backhoe, Derrick, Dragline, Shovel Operator .......................$ 11.00 0.00 Electrician ....................$ 17.00 0.00 Form Builder/Setter, Structures$ 9.26 0.00 Form Setter, Paving & Curb ..... $ 9.82 0.00 Front End Loader Operator ...... $ 10.52 0.00 Laborer, common ................$ 8.51 0.00 Laborer, Utility ...............$ 10.46 0.00 Mechanic .......................$ 16.85 0.00 Motor Grader Operator Rough .... $ 11.75 0.00 Motor Grader Operator, Fine Grade ..........................$ 13.50 0.00 Planer Operator ................$ 13.36 0.00 Roller Operator, Pneumatic, Self -Propelled .................$ 7.67 0.00 Roller Operator, Steel Wheel, Flat Wheel/Tamping.............$ 8.06 0.00 Roller Operator, Steel Wheel, Plant Mix Pavement .............$ 7.50 0.00 Scraper Operator ...............$ 8.50 0.00 Servicer .......................$ 8.98 0.00 Slip Form Machine operator ..... $ 13.64 0.00 Tractor operator, Pneumatic .... $ 12.00 0.00 Traveling Mixer Operator ....... $ 12.00 0.00 Truck driver, lowboy -Float ..... $ 12.67 0.00 Truck driver, Single Axle, Heavy ..........................$ 8.50 0.00 Truck driver, Single Axle, Light ..........................$ 8.08 0.00 Truck Driver, Tandem Axle, Semi -Trailer ...................$ 8.66 0.00 Welder .........................$ 15.25 0.00 Work Zone Barricade Servicer... ---------------------------------------------------------------- $ 8.28 0.00 WELDERS - Receive rate prescribed for craft performing operation to which welding is incidental. Unlisted classifications needed for work not included within the scope of the classifications listed may be added after award only as provided in the labor standards contract clauses (29CFR 5.5 (a) (1) (ii)). In the listing above, the "SU" designation means that rates listed under the identifier do not reflect collectively bargained wage and fringe benefit rates. Other designations indicate unions whose rates have been determined to be prevailing. WAGE DETERMINATION APPEALS PROCESS 1.) Has there been an initial decision in the matter? This can be: * an existing published wage determination * a survey underlying a wage determination * a Wage and Hour Division letter setting forth a position on a wage determination matter * a conformance (additional classification and rate) ruling On survey related matters, initial contact, including requests for summaries of surveys, should be with the Wage and Hour Regional Office for the area in which the survey was conducted because those Regional Offices have responsibility for the Davis -Bacon survey program. If the response from this initial contact is not satisfactory, then the process described in 2.) and 3.) should be followed. With regard to any other matter not yet ripe for the formal process described here, initial contact should be with the Branch of Construction Wage Determinations. Write to: Branch of Construction Wage Determinations Wage and Hour Division U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 2.) If the answer to the question in 1.) is yes, then an interested party (those affected by the action) can request review and reconsideration from the Wage and Hour Administrator (See 29 CFR Part 1.8 and 29 CFR Part 7). Write to: Wage and Hour Administrator U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 The request should be accompanied by a full statement of the interested party's position and by any information (wage payment data, project description, area practice material, etc.) that the requestor considers relevant to the issue. 3.) If the decision of the Administrator is not favorable, an interested party may appeal directly to the Administrative Review Board (formerly the Wage Appeals Board). Write to: Administrative Review Board �. U.S. Department of Labor 200 Constitution Avenue, N.W. - Washington, DC 20210 4.) All decisions by the Administrative Review Board are final. END OF GENERAL DECISION l -*lI t 1.11__ 1.1 Prevailing Wage Rates Overtime Rate The rate for overtime (in excess of forty hours per week) shall be as required by the Fair Labor Standards Act. EXHIBIT C Prevailing Wage Rates Legal Holiday Rate The rate for legal holidays shall be as required by the Fair Labor Standards Act. SPECIFICATIONS SPECIFICATIONS THE BUDDY AND MARIA ELENA HOLLY PLAZA IMPROVEMENTS S'CEEL TUBE FENCE SECTION 01100 SUMTVIARY OF NVORK PART 1-GENERAL 1,01 WORK COVERED BY CONTRACT DOCUMENTS A. Drawings and general provisions of the Contract, including General Conditions, apply to this Section. B. The Work includes all labor, materials, services and equipment required in conjunction with, or properly incidental to work described in the plans and specifications for "The Buddy And Maria Elena Holly Plaza Improvements 2010 - Wrought Fence". 1.02 SUMMARY OF WORK A. The Work includes but is not limited to items described below. It is understood that Work in addition to these items may also be necessary to accomplish the complete Contract. 1. Fabricate and install approximately 834' steel tube fence. 2. Fabricate and install two steel tube gates 7' wide and four steel tube gates 4' wide including all hardware. 3. Fabricate and install approximately 291' post and cable fence. 4. Fabricate and install approximately 20' pipe rail guardrail. 5. Install approximately 934 LF concrete maintenance strip with integrated fence footings and weld plates. B. The Contractor shall be responsible for the Texas Prevention Legislation. The Texas damage prevention law (Utilities Code Title 5, Chapter 251) took effect October 1, 1998. This law requires excavators to call 48 hours before they dig. Texas Excavation Safety System Inc. (TESS) is a non-profit corporation formed by member companies to prevent damage to underground facilities. The service is 100% free to excavators by calling 1-800-DIG-TESS (344-8377). 1.03 WARRANTY A. Contractor shall warrant 100 percent of the project for one year after the date of final acceptance. B. On the eleventh month from the date of final acceptance, Owner's Representative will schedule an annual inspection with the Contractor to inspect for defects. Work that is considered defective by the Owner's Representative will be repaired by the Contractor. C. Contractor shall remedy any defects in workmanship, and pay for all damages of any nature resulting from repairs at no cost to the Owner. END OF SECTION SLR#MAKY OF WORK 01100 - 1 4h r 3 SECTION 01300 SUBMITTALS PART 1-GENERAL 1.01 PROCEDURES A. Deliver submittals to Landscape Architect at the following address: City of Lubbock, Park Development, 10104h Street, Lubbock, TX 79457. B. Transmit each item under Landscape Architect accepted form. Identify Project, Contractor, Subcontractor and major supplier. Identify pertinent drawing sheet and detail number (if applicable). Identify deviations from Contract Documents. Provide space for Contractor and Landscape Architect review stamps. C. After Landscape Architect review of submittal, revise and resubmit as required, identifying changes made since previous submittal. D. Distribute copies of reviewed submittals to concerned persons. Instruct recipients to promptly report any inability to comply with provisions. 1.02 SCHEDULE OF VALUES A. Submit typed schedule on AIA Form G703. Contractor's standard form or media driven printout will be considered on request. B. Format: Table of contents of this Project Manual. Identify each line item with number and title of major Specification sections. 1.03 SHOP DRAWINGS A. Prepared by a qualified draftsman. B. Submit as required by the individual Sections and to clarify information shown or called for in the Contract Documents. 1.04 PRODUCT DATA A. Mark each copy to identify applicable Products, models, options, and other data. Supplement manufacturer's standard data to provide information unique to the work. include manufacturer's instructions when required by the Specification section. B. Submit the number of copies that the Contractor requires plus two copies that will be retained by the Landscape Architect. 1.05 MANUFACTUREWS CERTIFICATES A. Submit certificates, in duplicate, in accordance with requirements of each Specification section. B. Manufacturer's standard schematic drawings and diagrams: 1; Modify drawings to delete information that is not applicable to the work. SIMMITTALS 01300 - 1 4219 E. Mixing and delivery time shall be 90 minutes when the air temperature is 85 degrees or less. When the air temperature is between 85 degrees F. and 90 degrees F., reduce the mixing and delivery time from 90 minutes to 75 minutes, and when the air temperature is above 90 degrees F., reduce the mixing and delivery time to 60 minutes. The time of delivery is that time when the truck is on site and the concrete is being placed in the forms. 2.02 CONCRETE MATERIALS A. Portland Cement: ASTM C 150, Type 1. (Use only one brand of cement throughout the project, unless otherwise acceptable to Owner). B. Aggregates: ASTM C33. C. Water: Clean, fresh, drinkable. 2.03 RELATED MATERIALS A. Expansion Joints: Pre -molded cane fiber saturated with asphalt, 1 2" wide. Joints 12 feet long or less shall be one continuous piece installed as shown on detail. B. Expansion Joint Cap: W. R. Meadows Snap -Cap, or approved equal. C. Expansion Joint Sealant: Sonnebom SL-1, one part self leveling polyurethane sealant, or approved equal, gray. D. Concrete curing compound: W.R. Meadows Sealtight CS-309 Acrylic Curing and Sealing Compound, or approved equal. 2.04 REINFORCING MATERIALS A. Reinforcing steel: ASTM A615, Grade 60, except No. 3 ties and stirrups may be Grade 40. B. Supports for Reinforcement: Support all reinforcing with chairs. sand plates shall be used where the soil is loose and will not support chair legs. C. Smooth dowels shall be plain steel bars conforming to ASTM A675, Grade 60 or ASTM A 499. Lubricate and cap both ends, leaving'la" free movement in ends of caps. Caps for smooth dowels shall be formed, clear 6 mil poly -ethylene, or approved equal. PVC pipe shall not be used as caps for smooth dowels. Smooth dowels shall be installed horizontal. PART 3 - EXECUTION 3.01 SITE PREPARATION A. Sub -grade preparation includes removal, hauling, and disposal of any unusable material. 3.02 CONCRETE FORMS A. Contractor shall notify Owner when concrete forms and reinforcing are in place, minimum 24 hours prior to concrete placement. B. Form shall be clearly marked at each footing/weld plate location and verified with the fence erector prior to notify Owner for inspection. C. Form material shall be matched, tight fitting and adequately stiffened to support weight of concrete without deflection detrimental to tolerances and appearance of concrete. D. Coat. interior surface of forms before placement of reinforcing withW. R. Meadows Duo- gard Concrete Form Release Agent, or approved equal. CONCRE rE 03300- 2 3.03 REINFORCING A. Maintain 1-1i2" clearance to all concrete surfaces. B. Install reinforcing (parallel to expansion joints) on top of, but not tied to, smooth dowels. C. Install tie wires by doubling the wire and tying in an "X" pattern. Ends of wire should be bent down in close proximity to the reinforcing steel. D. Support reinforcing with chairs. Chairs shall have sand plates on the bottom when the soil will not support chair legs. E. Install one #4 steel reinforcing bar along each longitude edge of concrete. 3.04 EXPANSION JOINTS A. Expansion joints shall be fibrous cane material saturated with asphalt. Wood shall not be used. Insertion during concrete placement will not be allowed. Joint material shall have rigid backing while concrete is being placed. B. Install expansion joint material where concrete abuts existing manholes, inlets, structures, walks, poles, signals, and other fixed objects. Install one half inch below top of concrete. Install Sonneborn sealant; or approved equal, flush with concrete. C. Expansion joints shall extend full -width and depth of slab, 112" below finished surface. Expansion joint material shall be one-piece lengths for the full width being place, whenever possible. Where more than one length is required, lace or clip joint sections together. D. Protect the top edge of the joint material with a temporary plastic joint cap. Remove temporary cap after both sides of joint are placed. E. The top 11T' of expansion joints shall be filled with a gray colored urethane sealant. Provide masking at joint edges to maintain straight line of sealant. Remove masking tape before sealant has cured completely. Sealant shall not be placed more than one half inch thick. Applications requiring sealant more than one half inch thick shall be placed using multiple applications, with adequate hardening time between applications. F. Expansion joints shall be spaced not more than sixty-five (65') running feet apart. Contractor shall not deviate from joint spacing specified and or shown on plans unless approved by the Owner. 3.05 CONTROL JOINTS A. Control joints shall be spaced not more than twenty-four (24') running feet apart or spaced as shown on plans. Contractor shall not deviate from joint spacing specified and or shown on plans unless approved by the Owner. 3.06 CONSTRUCTION JOINTS AND COLT) JOINTS A. Construction joints and cold joints are not permitted except as shown on the plans. 3.07 CONCRETE PLACING AND WORKMANSHIP A. The Contractor is responsible for correction of concrete work which does not conform to the specified requirements, including strength, tolerances and finishes. Correct deficient concrete as directed by the Owner. CONCRETE 03300- 3 B. Workmen shall have a minimum of 3 years experience in forming and pouring concrete of a similar nature and scope. -' C. Comply with ACI 304, and as herein specified. D. Deposit and consolidate concrete slabs in a continuous operation within the limits of construction joints until the placing of a panel or section is complete. Consolidate concrete during placement so that concrete is thoroughly worked around reinforcement and other embedded items and into corners. 1 E. Bring slab surfaces to the correct level with a straightedge and strike off. Use a bull float or darby to smooth the surface, leaving it free of humps or low places. Do not sprinkle water on the plastic surface. F. Apply non -slip broom finish. Immediately after trowel finishing, slightly roughen concrete surface by applying a light broom finish perpendicular to main traffic mute. } G. Protect freshly placed concrete from premature drying and excessive cold or hot temperature, and maintain without drying at a relatively constant temperature for a period of time necessary for hydration of cement and proper hardening. H. Contractor shall allow no marking or footprints to be placed on the uncured concrete. mortar immediately t 1. Patching defective areas: Repair and patch defective areas with cement after removal of forms, but only when acceptable to the Owner. J. Repair of formed surfaces: Remove and replace concrete with defective surfaces if defects cannot be repaired to the satisfaction of the Owner. Surface defects include color and texture irregularities, cracks, spills, air bubbles, honeycomb, exposed rocks and other protruding objects. K. Cold weather placing: Protect concrete work from physical damage or reduced strength which would be caused by low temperatures in accordance with ACI 306 and as herein specified. When air temperature has fallen or is expected to fall below 40 degrees F., uniformly heat all water and aggregate before mixing as required to obtain a concrete mixture temperature of not less than 50 degrees F., and not more than 30 degrees F., at point - of placement. Do not incorporate frozen materials into the concrete mix and do not place ' concrete on frozen sub -grade, or on sub -grade containing frozen materials. Do not use calcium chloride and other materials containing antifreeze agents or chemical accelerators t unless otherwise accepted in the design mix. Concrete placed during cold weather shall be protected with an insulating cover normal to the trade. Such cover shall not be allowed to mar the finish. L. Hot weather placing: Protect concrete work from physical damage or high temperatures in accordance with ACI 305. Cool ingredients before mixing to maintain concrete temperature-t at time of placement below 90 degrees F. Mixing water may be chilled, or chopped ice may be used to control the temperature provided the water equivalent of the ice is calculated in the total amount for mixing. Cover reinforcing steel with wet burlap if the temperature i t exceeds the air temperature immediately before embedment. Do not use retarding admixtures unless otherwise accepted in the design nix. 1. Contractor shall be responsible for the protection of uncured concrete. Contractor shall not i allow markings or footprints to be placed in the uncured concrete. Contractor shall perform curing of concrete by application of curing compound an finished surfaces immediately 1 i 1 CONCRETE 03300- 4 r after finishing. Apply in accordance with manufacturer's recommendations. Re -coat areas subjected to heavy rainfall within 3 hours after initial application. J. Forms may be removed when concrete is sufficiently hard that it will not be damaged by removal of forms and provided that curing operations are maintained. K. All edges of concrete shall have a radius of V2". END OF SECTION CONCRETE 03300- 5 SECTION O5500 METAL FABRICATIONS PART I - GENERAL. 1.1 RELATED DOCUMENTS A. Drawings and general provisions of Contract, apply to this Section. 1.2 SUMMARY A. This section includes the following metal fabrications: 1. Steel tube fence and gates. 2. Post and cable fence. 3. Pipe rail guardrail (RPZi'Hotbox protection). B. Related Sections: The following sections contain requirements that relate to this section: 1. 01300 Submittals 2. 01630 Substitutions 3. 03300 Concrete 1.3 SUBMITTALS (1URNED 1N WITH BID A. Provide shoe drawings detailing fabrication and erection of each metal fabrication indicated. Include plans, elevations, sections, and details of metal fabrications and their connections. Show anchorage and accessory- items. B. Provide to the Landscape Architect samples representative of materials and finished products. 1.4 QUALITY ASSURANCE A. Fabricator Qualifications: Firm experienced in successfully producing metal fabrications similar to that indicated for this Project, with sufficient production capacity to produce required units without causing delay in the Work. B. Installer Qualifications: Arrange for installation of metal fabrications specified in this section by same firm that fabricated them. 3NIETAL FABRICATIONS 05500 - t C. Single -Source Responsibility: Obtain fence panels of each type and material from a single manufacturer. D. Mockups: Prior to installing panels, construct mockups for each form of panel system and j finish required to verify selections made under sample submittals and to demonstrate aesthetic effects as well as qualities of materials and execution. Build mockups to comply with the following requirements, using materials indicated for final unit of Work. 1. Place mockups on site in the location and of the size indicated or, if not indicated, as directed by Landscape Architect. 2. Place mockups on site in the location indicated. Provide mockups consisting of 2 posts, horizontal rails; inftll area, and anchorage system components that are full height and not less than 96 inches in length. 3. Notify Landscape Architect one week in advance of the dates and times when mockups will be constructed. 4. Demonstrate the proposed range of aesthetic effects and workmanship. 5.Obtain Landscape Architect's acceptance of mockups before start of final unit of Work. 6. Retain and maintain mockups during construction in an undisturbed condition as a standard for judging the completed Work. a. Accepted mockups in an undisturbed condition at the time of Substantial Completion may become part of the completed Work. 1.5 STORAGE A. Store panels and components inside a well -ventilated area, away from uncured concrete and protected from weather, moisture, soiling, abrasion, extreme temperatures, and humidity. 1.6 PROJECT CONDITIONS A. Field Measurements: Check actual locations of concrete maintenance strip and other construction to which metal fabrications must fit, by accurate field measurements before fabrication; show recorded measurements on final shop drawings. Coordinate fabrication schedule with construction progress to avoid delay of Work. PART 2 - PRODUCTS 2.1 FERROUS METALS A. Metal Surfaces, General: For metal fabrications exposed to view upon completion of the Work, provide materials selected for their surface flatness, smoothness, and freedom from METAL FABRICATIONS 05500 - 2 surface blemishes. Do not use materials whose exposed surfaces exhibit pitting, seam marks, roller marks, rolled trade names and roughness. B. Steel Plates, Shapes, and Bars: ASTM A 36. C. Steel Tubing: Product type (manufacturing method) and as follows: 1. Cold -Formed Steel Tubing: ASTM A 500, grade as indicated below: a. Grade A, unless otherwise indicated or required for design loading. 2. Hot -Formed Steel Tubing: ASTM A 501. D. Steel Pipe: ASTM A 53; finish, type, and weight class as follows: 1. Black finish, unless otherwise indicated. 2. Galvanized finish for exterior installations and where indicated. 3. Type F, standard weight (schedule 40), unless otherwise indicated, or another weight, type, and grade required by structural loads. E. Welding Rods and Bare Electrodes: Select in accordance with AWS specifications for the metal alloy to be welded. 2.2 FASTENERS A. General: Provide zinc -coated fasteners for exterior use or where built into exterior walls. Select fasteners for the type, grade, and class required. B. Bolts and Nuts: Regular hexagon head type, ASTM A 307, Grade A. C. Lag Bolts: Square head type, FS FF-B-561. D. Machine Screws: Cadmium plated steel, FS FF-S-92. E. Wood Screws: Flat head carbon steel, FS FF -S-III. F. Plain Washers: Round, carbon steel, FS FF-W-92. G. Drilled -In Expansion Anchors: Expansion anchors complying with FS FF-S-325, Group VII (anchors, expansion), Type I (internally threaded tubular expansion anchor); and machine bolts complying with FS FF-13-575, Grade 5. H. Toggle Bolts: Tumble -wing type, FS FF-B-588, type, class, and style as required. 1. Lock Washers: Helical spring type carbon steel, FS FF-W-84. METAL PABRWATIONS 05500 - 3 2.3 PAINT A. Shop Primer for Ferrous Metal: Manufacturer's or fabricator's standard, fast -curing, lead- free, universal modified alkyd primer selected for good resistance to normal atmospheric corrosion, for compatibility with finish paint systems indicated, and for capability to provide a sound foundation for field -applied topcoats despite prolonged exposure complying with performance requirements of FS TT P-645. B. Obtain, primers, and undercoat materials for each coating system from the same manufacturer as the finish coats. C. Application shall comply with paint manufacturer's written instructions for surface preparation, environmental and sub-strate conditions, product nixing, and application. D. Submittals: Product Data. Samples of paint colors. E. Final finish: Two coats of semi -glass acrylic enamels paint traditional black in color over rust -inhibitive primer. 2.4 FABRICATION, GENERAL A. Form metal fabrications from materials of size, thickness, and shapes indicated but not less than that needed to comply with performance requirements indicated. Work to dimensions indicated or accepted on shop drawings, using proven details of fabrication and support. Use type of materials indicated or specified for various components of each metal fabrication. B. Form exposed work true to line and level with accurate angles and surfaces and straight sharp edges. C. Allow for thermal movement resulting from the following maximum change (range) in ambient temperature in the design, fabrication, and installation of installed metal assemblies to prevent buckling, opening up of joints, and overstressing of welds and fasteners. Base design calculations on actual surface temperatures of metals due to both solar heat gain and nighttime sky heat loss. 1. Temperature Change (Range): 100' F. D. Shear and punch metals cleanly and accurately. Remove burrs. E. Ease exposed edges to a radius of approximately 1132 inch, unless otherwise indicated. Form bent -metal comers to smallest radius possible without causing grain separation or otherwise impairing work. F. Remove sharp or rough areas on exposed traffic surfaces. G. Weld comers and seams continuously to comply with AWS recommendations and the following: METAL FABRICATIONS ', 05500 - 4 1. Use materials and methods that minimize distortion and develop strength and corrosion resistance of base metals. 2.Obtain fusion without undercut or overlap. 3. Remove welding flux immediately. 4. At exposed connections, finish exposed welds and surfaces smooth and blended so that no roughness shows after finishing and contour of welded surface matches those adjacent. H. Form exposed connections with hairline joints, flush and smooth, using concealed fasteners wherever possible. Use exposed fasteners of type indicated or, if not indicated, Phillips flat- head (countersunk) screws or bolts. Locate joints where least conspicuous. 1. Provide for anchorage of type indicated; coordinate with supporting structure. Fabricate and space anchoring devices -to provide adequate support for intended use. J. Shop Assembly: Preassemble items in shop to greatest extent possible to minimize field splicing and assembly, Disassemble units only as necessary for shipping and handling limitations. Use connections that maintain structural value of joined pieces. Clearly mark units for reassembly and coordinated installation. K. Cut, reinforce, drill and tap miscellaneous metal work as indicated to receive finish hardware, screws, and similar items. L. Fabricate joints that will be exposed to weather in a manner to exclude water, or rp ovide weep holes where water may accumulate. i 2.5 MISCELLANEOUS FRAMING AND SUPPORTS i A. General: Provide steel framing and supports for applications indicated or which are not a part of structural steel framework, as required to complete work. j B. Fabricate units to sizes, shapes, and profiles indicated and required to receive adjacent other construction retained by framing and supports. Fabricate from structural steel shapes; plates, t and steel bars of welded construction using mitered joints for field connection. Cut, drill, and , tap units to receive hardware, hangers, and similar items. 1. Equip units with integrally welded anchors for casting into concrete. Furnish inserts if units must be installed after concrete is placed. Li 2.6 METAL FENCE AND GATES A. Deliver fabricated steel fence and gate to jobsite after fabrication and with factory applied I rust inhibitive primer compatible with metal paint system specified in Section 2.4 "Painting". I j B. Corner Posts: 72" Steel tubes Yx 3" x 3116" in. size as indicated on the drawings. METAL FABRICATIONS 05504 - 5 f € 1 C. Posts: 72" Steel tubes 3"x 3" x 1/8" in size as indicated on the drawings. D. Intermediate Verticals (Pickets): 66" alternated with 52" cold rollers steel bar stock Ya" in size 4" O.C. as indicated on the drawings. E. Horizontals (Rails): 98" steel tubes 3/4"x 3/4" x 3/16" in size as indicated on the drawings full fillet welded to posts and intermediate verticals. F. Weld Plates: steel plate 6"x 6" x 1/2" in size with 4 —1 /2" x 12" stud head anchor supports as indicated on the drawings full fillet welded to posts. Top of weld plate to be level with top of concrete. G. Form all connections of full fillet welds. Cap all hollow tube members with 3/16 inch thick steel cap with full fillet welds. Paint after fabrication. 2.7 POST AND CABLE FENCE. A. Deliver fabricated steel post and cable fence to jobsite after fabrication and with factory applied rust inhibitive primer compatible with metal paint system specified in Section 2.4 "Painting" B. End Posts: 50" Steel tubes 3"x 3" x I/4" in size as indicated on the drawings. C. Line Posts: 50" Steel tubes 3"x 3" x 3/16" in size as indicated on the drawings. D. Horizontals (Rails): 45" steel tubes 3"x 3" x 1/4" in size as indicated on the drawings full fillet welded to posts. E. Cable: high tensile 9/16 in size as indicated on the drawings. F. Spring: High Tensile Springs size to match tensile strength of cable as indicated on the drawings. G. Form all connections of full fillet welds. Cap all hollow tube members with 3/16 inch thick steel cap with full fillet welds. Paint after fabrication. 2.8. PIPE RAIL GUARDRAIL (RPZ/HOTBOX PROTECTION. A. Deliver fabricated steel fence and gate to jobsite after fabrication and with factory applied rust inhibitive primer compatible with metal paint system specified in Section 2.4 "Painting". B. Corner Posts: 50" Steel tubes 3"x 3" x 1/4" in size as indicated on the drawings. C. Posts: 50" Steel tubes 3"x 3" x 1/4" in size as indicated on the drawings. D. Horizontals (Rails): 45" steel tubes 3"x 3" x 1/4" in size as indicated on the drawings full fillet welded to posts and intermediate verticals. MET A- L FABRICATIONS 05500 - 6 r F. Form all connections of full fillet welds. Cap all hollow tube members with 3I16 inch thick steel cap with full fillet welds. Paint after fabrication. 29 FINISHES, GENERAL A. Comply with NAAMM "Metal Finishes Manual" for recommendations relative to application and designations of finishes. B. Finish metal fabrications after assembly. 2.10 STEEL AN13 [RON FINISHES A. Preparation for Shop Priming: Prepare uncoated ferrous metal surfaces to comply with minimum requirements indicated below for SSPC surface preparation specifications and environmental exposure conditions of installed metal fabrications: B. Apply shop primer to uncoated surfaces of metal fabrications, except those to be embedded in concrete or unless otherwise indicated. Comply with requirements of 2.4 "Paint Application Specification for shop painting. 1. Stripe paint all edges, comers, crevices, bolts, welds, and sharp edges. PART 3 - EXECUTION 3.1 PREPARATION A. Coordinate and furnish anchorages, setting drawings, diagrams, templates, instructions, and directions for installation of anchorages, including concrete inserts, sleeves, anchor bolts, and miscellaneous items having integral anchors that are to be embedded in concrete or masonry construction. Coordinate delivery of such items to project site. B. Set weld plates in concrete with tops flush with finish surface elevations; protect weld plates from excessive water and concrete spillage. 3.2 INSTALLATION, GENERAL A. Fastening to In -Place Construction: Provide anchorage devices and fasteners where necessary for securing miscellaneous metal fabrications to in -place construction; include threaded fasteners for concrete and masonry inserts, toggle bolts, through -bolts, lag bolts, wood screws, and other connectors as required. B. Cutting, Fitting, and Placement: Perform cutting, drilling, and fitting required for installation of miscellaneous metal fabrications. Set metal fabrication accurately in location, alignment, and elevation; with edges and surfaces level; plumb, true, and free of rack; and measured from established lines and levels. METAL FABRICATION'S l; 05500 - 7 = ' C. Provide temporary bracing or anchors in fortnwork for items that are to be built into concrete masonry or similar construction. D. Fit exposed connections accurately together to form hairline joints. Weld connections that are not to be left as exposed joints, but cannot be shop welded because of shipping size limitations. E. Field Welding: Comply with AWS Code for procedures of manual shielded metal -arc welding, appearance and quality of welds made, methods used in correcting welding work, and the following: 1. Use materials and methods that minimize distortion and develop strength and corrosion resistance of base metals. 2.Obtain fusion without undercut or overlap. 3. Remove welding flux immediately. 4. At exposed connections, finish exposed welds and surfaces smooth and blended so that no roughness shows after finishing and contour of welded surface matches those adjacent. 3.3 ADJUSTING AND CLEANING A. Touch -Up Painting: Immediately after erection, clean field welds, bolted connections, and abraded areas of shop paint, and paint exposed areas with same material as used for shop painting to comply with SSPC-PA 1 requirements for touch-up of field painted surfaces. 1. Apply by spray to provide a minimum dry film thickness of 2.0 mils. B. Touch -Up Painting: Cleaning and touch-up painting of field welds, bolted connections, and abraded areas of the shop paint on miscellaneous metal is specified in 2.4 "Painting" of these specifications. METAL FABRICATIONS 05500 - 8 No Text KALE: 20 PENCE DETAII. PI,AN SHV.91 2 OF' S ............ of 1`0 The Buddy and Maria Elena Holly Plaza filu -60ty --- ------ . ........... . . ............ . . The Buddy and Maria Eleno Holly 17 () F SCALE: 1: 2Q OVIAR. PL,AN SirET 3 or .. .......... . IubbaCk .... . ...... 0 21) FFNCS W.'IAIL PLAN SHUT 4 OF 5 Is7 . . . . ............... -0Of The Buddy and Maria Elena Holly I z - arl; U6ty b The Buddy and Maria Elena Holly 0 d 10 7.0 SCALC: Ii 20 VENCL* DVAII PLAN SKI ......................... ... ......... . .....