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Resolution - 2016-R0151 - Utility Contractors Of America - 04_28_2016 (3)
Resolution No. 2016-RO151 Item No. 6.12 April 28, 2016 RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock is hereby authorized and directed to execute for and on behalf of the City of Lubbock Contract 12733 for Canyon Lakes Sanitary Sewer Interceptor Rehabilitation, Phase 1, by and between the City of Lubbock and Utility Contractors of America, Inc., and any related documents. Said Contract is attached hereto and incorporated in this resolution as if fully set forth herein and shall be included in the minutes of the City Council. Passed by the City Council on Apri128, 2016 DANIEL M. OPE, MAYOR ATTEST: Reb t ca Garza, City Secret APPROVED AS W96d FraAhn, P.E., Director of Public Works APPROVED AS TO FORM: RES.Contract-Nbr 12733,Utility Contractors of America, Inc 3.11.16 CERTIFICATE OF INTERESTED PARTIES FORM 1295 10111 Complete Nos, 1 - 4 and 6 If there are interested parties. OFFICE USE ONLY Complete Nos, 1, 2, 3, 5, and 6 if there are no interested parties. CERTIFICATION OF FILING Certificate Number: 2016-34545 1 Name of business entity filing form, and the city, state and country of the business entity's place of business. Utility Contractors of America, Inc. Lubbock, TX United States Date Filed: 04/04/2016 2 Name of governmental entity or state agency that is a party to the contract for which the form is being filed. City of Lubbock Date Acknowledged: 3 Provide the identification number used by the governmental entity or state agency to track or identify the contract, and provide a description of the goods or services to be provided under the contract. RFP 16-12733-TF Canyon Lakes Sanitary Sewer Interceptor Rehabilitation, Phase 1 4 Name of Interested Party City, State, Country (place of business) Nature of interest (check applicable) Controlling Intermediary Ziegner, Jonathan Lubbock, TX United States X Lane, Ty Lubbock, TX United States X 5 Check only if there is NO Interested party. ❑ 6 AFFIDAVIT I y of perjury, that the above disclosure is true and correct. XE o d agent of contracting business entity AFFIX NOTARY STAMP ! SEAL ABOVE Sworn to and subscribed before me, by the said l / this the day of T �, 20�p, ertify which, witness my hand and seal of office. im n Signature ffi r admi ' tering oath Printed name of o icer administering oath Title of officer administering oath rurrns {aruvraeu oy i exas Emits L ommisslon www.etnics,state.tx.us Version V1.0.312 CERTIFICATE OF INTERESTED PARTIES FORM 1295 1of1 Complete Nos. 1 - 4 and 6 if there are interested parties. OFFICE USE ONLY Complete Nos. 1, 2, 3. 5, and 6 if there are no interested parties. CERTIFICATION OF FILING Certificate Number: 1 Name of business entity filing form, and the city, state and country of the business entity's place of business. 2016-34545 Utility Contractors of America, Inc. Lubbock, TX United States Date Filed: 04/04/2016 2 Name of governmental entity or state agency that is a party to the contract for which the form is being filed. City of Lubbock Date Acknowledged: 04/04/2016 3 Provide the identification number used by the governmental entity or state agency to track or identify the contract, and provide a description of the goods or services to be provided under the contract. RFP 16-12733-TF Canyon Lakes Sanitary Sewer Interceptor Rehabilitation, Phase 1 4 Name of Interested Party City, State, Country (place of business) Nature of interest [check applicable) Controlling Intermediary Ziegner, Jonathan Lubbock, TX United States X Lane, Ty Lubbock, TX United States X 5 Check only if there is NO Interested Party. ❑ 6 AFFIDAVIT I swear, or affirm, under penalty of perjury, that the above disclosure is true and correct. Signature of authorized agent of contracting business entity AFFIX NOTARY STAMP ISEAL ABOVE Sworn to and subscribed before me, by the said this the day of 20 , to certify which, witness my hand and seal of office. Signature of officer administering oath Pi inled name of officer administering oath Title of officer administering oath r-arms proviaeo oy i exas cintcs commission www.ethics.state.tx.us Version V1.0.312 BOND CHECK BEST RATING LICENSED IN TEXAS DATE BY: CONTRACT AWARD DATE: April 28, 2016 CITY OF LUBBOCK SPECIFICATIONS FOR Canyon Lakes Sanitary Sewer Interceptor Rehabilitation Phase 1 RFP 16-12733-TF CONTRACT #: 12733 JOB #: 215006 LAN PROJECT NUMBER: 160-10629-101 Plans & Specifications may be obtained from THE REPRODUCTION COMPANY www.thereproductioncompany.com Phone: (806) 763-7770 CITY OF LUBBOCK Lubbock, Texas Lockwood, Mdrewe & Nevmam, Inc. A LEO A DALY COMPANY City of Lubbock Front End Documents ( City of Lubbock Canyon Lakes Sanitary Sewer Interceptor Rehabilitation — Phase 1 00 01 11-1 Page Intentionally Left Blank City of Lubbock Front End Documents 0001 11-2 City of Lubbock E Canyon Lakes Sanitary Sewer Interceptor Rehabilitation — Phase 1 _a ADDENDA Paie Intentionally Left Blank J ty 0 i ADDENDUM I Revised Proposal Submittal Form & Engineer's Addendum No. 1 RFP 16-12733-TF Canyon Lakes Sanitary Sewer Interceptor Rehabilitation Phase DATE ISSUED: February 26, 2016 CLOSE DATE: March 3, 2016, at 2:00 p.m. The following items take precedence over specifications for the above named Request for Proposals (RFP). Where any item called for in the RFP documents is supplemented here, the original requirements, not affected by this addendum, shall remain in effect. Please review, incorporate, and acknowledge the information in this addendum on the signature page of the Proposal Submittal Form. Revised Proposal Submittal Form The "REVISED Proposal Submittal Form" — including the revised pages - is attached and should be submitted with your proposal. 1. Changes made to the form should be readily identifiable by change bars in the margin of the revised form. Engineer's Addendum No. 1 1. Please see Engineer's Addendum No. 1 for revised specifications and a revised plan drawing sheet, C-508. All requests for additional information or clarification must be submitted in writing and directed to: Teofilo Flores, Senior Buyer City of Lubbock Purchasing and Contracts Management Office 1625 13th Street, Room 204 Lubbock, Texas 79401 Questions may be faxed to (806)775-2164 or Email to TKFloresLa)mylubbock.us Questions are preferred to be posted on BidSync: www.bidsync.com THANK YOU, %lea 5ksw CITY OF LUBBOCK Teofilo Flores City of Lubbock Purchasing and Contracts Management Office It is the intent and purpose of the City of Lubbock that this request permits competitive proposals. It shall be the offeror's responsibility to advise the Director of Purchasing and Contract Management if any language, requirements, etc., or any combinations thereof, inadvertently restricts or limits the requirements stated in this RFP to a single source. Such notification must be submitted in writing and must be received by the Director of Purchasing and Contract Management no later than five (5) business days prior to the close date. A review of such notifications will be made. CITY OF LUBBOCK CANYON LAKES SANITARY SEWER INTERCEPTOR REHABILITATION PHASE 1 RFP 16-12733-TF CONTRACT #: 12733 JOB#: 215006 ADDENDUM NO. 1 February 25, 2016 LOCKWOOD, ANDREWS & NEWNAM, INC. FIRM NO. F-fu V+ BID DATE: March 3, 2016 2:00 PM The following additions, deletions, modifications, and/or clarifications shall be made to the 02-25-2016 appropriate sections of the plans and specifications and shall become a part of the Contract Documents. Bidders shall acknowledge receipt of this Addendum in the space provided on the Bid form and on the outside of the bid envelope. Where information is underlined in the sections that follow, the intent is only to highlight notable changes from previously issued documents and language. SPECIFICATIONS: 1. 00 0111 CITY OF LUBBOCK FRONT END DOCUMENTS A. Add the following paragraph as 13.2.4: No work is permitted within or adiacent to MacKenzie Park and no construction activitv that negatively impacts vehicle or pedestrian access to, around, and/or within the park shall be permitted between July 1 and July 15 to accommodate special event(s) hosted/planned by the_City of Lubbock. All efforts shall be made to leave the area clean and free of any evidence of construction during this period (no additional payment will be made for demobilization/remobilization activity if required). 2. PROPOSAL SUBMITTAL FORM; UNIT PRICE PROPOSAL CONTRACT A. The bid form will be replaced in its entirety with the attached revision. Changes made to the form should be readily identifiable by change bars in the margin of the revised form. 3. 0123 10 ALTERNATES AND ALLOWANCES A. The specification will be replaced in its entirety with the attached revision. Addendum No. 1 City of Lubbock Canyon Lakes Sanitary Sewer Interceptor Rehabilitation — Phase 1 Page 1 of 30 4. 012900 PAYMENT PROCEDURES A. The specification will be replaced in its entirety with the attached revision. 5. 0157 30 ODOR CONTROL A. The specification will be replaced in its entirety with the attached revision. 6. 33 30 13.07 POLYVINYL CHLORIDE (PVC) SANITARY SEWER PIPE A. Delete Paragraphs 2.01.A and 2.01.E in their entirety and renumber subsequent and remaining paragraphs 2.01.0 through 2.01.J as 2.01.J as 2.01.A through 2.01.1-1. DRAWINGS: 1. SHEET C-001 A. Add the following as Utility Note 4: ALL CROSSINGS OF BNSF RIGHTS -OF -WAY SHALL BE COMPLETED IN ACCORDANCE WITH THE BNSF UTILITY ACCOMODATION POLICY (SEE SPECIFICATIONS). PROPOSED SANITARY SEWER AT BNSF CROSSINGS SHALL BE PVC. B. Add the following as Utility Note 5: UNLESS OTHERWISE APPROVED IN WRITING BY THE CITY, IN ACCORDANCE WITH CITY OF LUBBOCK PUBLIC WORKS ENGINEERING MINIMUM DESIGN STANDARDS AND SPECIFICATIONS, AN APPROVED INFLOW PREVENTION DEVICE (IPD) SHALL BE INSTALLED ON ALL NEW MANHOLES OF ALL DIAMETERS. 2. SHEET C-206 A. Replace sheet note 5 with the following: PLUG AND ABANDON EXISTING 4" FORCE MAIN AND ROUTE 233 LF OF NEW FULLY RESTRAINED AWWA C900 PVC FORCE MAIN TO MANHOLE AT STA 294+49.40. CROSSING OF ERSKINE STREET SHALL BE BY BORE. MAINTAIN MINIMUM VERTICAL CLEARANCE FROM EXISTING WATER LINES PER TCEQ, OR CENTER JOINTS AS REQUIRED. Addendum No. 1 City of Lubbock Canyon Lakes Sanitary Sewer Interceptor Rehabilitation — Phase 1 Page 2 of 30 t 3. SHEET C-208 A. Replace sheet note 7 with the following: REMOVE EXISTING 4" FORCE MAIN AS NECESSARY. RE-ROUTE FULLY RESTRAINED AWWA C900 PVC AND CONNECT TO MANHOLE AT STA 402+17.30. FIELD VERIFY INVERT ELEVATION OF FM AT MANHOLE. 4. SHEET C-212 A. Replace sheet note 11 with the following: TEMPORARY BRACE/SUPPORT EXISTING 42" WATER LINE AS NECESSARY (NO SEPARATE PAY). WATER LINE TO REMAIN IN SERVICE AT ALL TIMES. NOTIFY CITY OF LUBBOCK A MINIMUM OF TWO WEEKS PRIOR TO CONSTRUCTION AT THE PROPOSED CROSSING AND SUBMIT SUPPORT PLAN FOR REVIEW, PRIOR TO PERFORMING ANY WORK IN THIS AREA. WATER LINE AND 18 L.F. OF PROPOSED 12" SEWER IN CASING PIPE SHALL BE BACKFILLED WITH FLOWABLE FILL UP TO ONE FOOT ABOVE THE TOP OF THE EXISTING WATER LINE. 5. SHEET C-505 A. Detail for Sanitary Sewer Pipe with Steel Casing i. Replace the 'MIN CASING STEEL ID' table label with the following: MIN CASING STEEL 6. SHEET C-508 A. The sheet will be replaced in its entirety with the attached revision. END OF ADDENDUM NO. 1 Addendum No. 1 City of Lubbock Canyon Lakes Sanitary Sewer Interceptor Rehabilitation — Phase 1 Page 3 of 30 REVISED PROPOSAL SUBMITTAL FORM UNIT PRICE PROPOSAL CONTRACT DATE: PROJECT NUMBER: RFP 16-12733-TF - Canyon Lakes Sanitary Sewer Interceptor Rehabilitation Phase 1 Proposal of (hereinafter called Offeror) To the Honorable Mayor and City Council City of Lubbock, Texas (hereinafter called Owner) Ladies and Gentlemen: The Offeror, in compliance with your Request for Proposals for the construction of the Canyon Lakes Sanitary Sewer Interceptor Rehabilitation Phase 1, having carefully examined the plans, specifications, instructions to offerors, notice to offerors and all other related contract documents and the site of the intended work, and being familiar with all of the conditions surrounding the construction of the intended project including the availability of materials and labor, hereby intends to furnish all labor, materials, and supplies; and to construct the project in accordance with the plans, specifications and contract documents, within the time set forth therein and at the price stated below. The price to cover all expenses incurred in performing the work required under the contract documents. ITEM DESCRIPTION UNIT ESTIMATED UNIT EXTENDED NO. QUANTITY PRICE AMOUNT 1 Bypass Pumping and Appurtenances Setup, operate, maintain, and remove bypass pumping 1 a and appurtenances as required for Segment 25 LS 1 improvements Setup, operate, maintain, and remove bypass pumping lb and appurtenances as required for Segment 28 LS 1 improvements 2 Furnish and Install Laterals (Including Reconnections) Furnish and install 4-inch sanitary sewer (including 2a gravity and force main) pipe/lateral (including LF 263 necessary removal and manhole reconnection Furnish and install 8-inch sanitary sewer pipe/lateral 2b (including necessary removal and manhole LF 17 reconnection Furnish and install 10-inch sanitary sewer pipe/lateral 2c (including necessary removal and manhole LF 20 reconnection City of Lubbock Front End Documents 0001 11-31 City of Lubbock Canyon Lakes Sanitary Sewer Interceptor Rehabilitation — Phase 1 REVISED Furnish and install 12-inch sanitary sewer pipe/lateral 2d (including necessary removal and manhole LF 490 reconnection Furnish and install 24-inch sanitary sewer (FRP or r 3 PVC) and steel casing by auger boring, including 4 excavation and restoration of necessary boring its Furnish and install 24-inch sanitary sewer (FRP or 3a PVC) and steel casing by auger boring at Joyland Park LF 157 Segment 6/7 Furnish and install 24-inch sanitary sewer (PVC) and 3b LF 273 steel casingb auger boringat Segment 12/13/14 Furnish and install 24-inch sanitary sewer (FRP or 3c LF 138 PVC) and steel casing by auger boring at Segment 16 Furnish and install 24-inch sanitary sewer (FRP or 3d PVC) and steel casing by auger boring at Segment 17 LF 320 Furnish and install 24-inch sanitary sewer (FRP or 3e PVC)and steel casingb auger boringat Segment 18 LF 300 Furnish and install 30-inch sanitary sewer (FRP or PVC) and steel casing by auger boring, including 4 excavation and restoration of necessary boring pit(s) at LF 225 Segment 3 Furnish and install 24-inch sanitary sewer (FRP or PVC) by auger boring (no steel casing) including 5 LF 225 excavation and restoration of necessary boring pit(s) at Segment 15 Furnish and install 30-inch sanitary sewer (FRP or PVC) by auger boring (no steel casing) including 6 excavation and restoration of necessary boring pit(s) at LF 138 Se ment 4 Furnish and install 24-inch sanitary sewer (FRP or 7 PVC) and steel casing by open cut (all depths), LF 50 including excavation, casing spacers, and trench safety Furnish and install 24-inch sanitary sewer (FRP or 8 PVC) by open cut (all depths), including excavation LF 3,062 and trench safety Furnish and install 30-inch sanitary sewer (FRP or 9 PVC) by open cut (all depths), including excavation LF 492 and trench safety Furnish and install transition coupling to connect 10 proposed sanitary sewer pipe to existing VCT sanitary EA 3 sewer 24-inch or 30-inch Furnish and install 12-inch sanitary sewer (PVC) and 11 steel casing by open cut (all depths), including LF 18 excavation, casing spacers, and trench safety Furnish and install 18-inch sanitary sewer (PVC) by 12 open cut (all depths), including excavation and trench LF 187 safety at Segment 18 City of Lubbock Front End Documents 00 01 11-32 1 City of Lubbock -� Canyon Lakes Sanitary Sewer Interceptor Rehabilitation — Phase 1 REVISED Furnish and install 18-inch sanitary sewer (PVC) and 13 steel casing by auger boring, including excavation of LF 553 boring pits, casing spacers, and trench safety at Segment 18 Furnish and install new 48-inch diameter fiberglass 14 manhole, including necessary excavation and EA 5 connection(s) and reconnection(s) to proposed and/or existing sanitary sewer Remove (all depths) existing manhole and replace with new 48-inch diameter fiberglass manhole, including 15 necessary excavation and connection(s) and EA 2 reconnection(s) to proposed and/or existing sanitary sewer 16 Furnish and install 48-inch diameter fiberglass VF 73 manhole at extra depth (beyond 6 vertical feet) Furnish and install new 60-inch diameter fiberglass 17 manhole, including necessary excavation and EA 21 connection(s) and reconnection(s) to proposed and/or existing sanitary sewer Remove (all depths) existing manhole and replace with new 60-inch diameter fiberglass manhole, including 18 necessary excavation and connection(s) and EA 10 reconnection(s) to proposed and/or existing sanitary sewer 19 Furnish and install 60-inch diameter fiberglass VF 260 manhole at extra depth (beyond 6 vertical feet) Furnish and install new 84-inch diameter fiberglass 20 manhole (all depths), including necessary excavation EA 1 and connection(s) and reconnection(s) to proposed and/or existing sanitary sewer Furnish and install 48-inch diameter fiberglass manhole rehabilitation insert, including all necessary 21 temporary sanitary sewer bypass, plug, or diversion, EA 3 surface preparation, debris removal, annular space grouting, and connection(s) and reconnection(s) to ro osed and/or existing sanitary sewer Furnish and install 48-inch diameter fiberglass 22 manhole rehabilitation insert at extra depth (beyond 6 VF 20 vertical feet) Construct new storm sewer junction box, including 23 excavation, trench safety, dewatering, necessary EA 1 temporary storm sewer bypass, plug, or diversion divers 24 Furnish and install new sanitary sewer cleanout EA 1 Complete sanitary sewer point repair by open cut 25 construction (all depths), including removal of existing EA 3 pipe, sediment, debris, and contaminated soils 26 Furnish and install grout fill of abandoned sanitary CY 1 000 sewer, all depths and pipe diameters ' City of Lubbock Front End Documents City of Lubbock Canyon Lakes Sanitary Sewer Interceptor Rehabilitation — Phase 1 0001 11-33 REVISED 27 Remove and dispose of existing sanitary sewer (all 650 depths, pipe materials, and pipe diameters)LF 28 Remove and dispose of municipal solid waste and/or CY 30 construction debris within pipe trench Call de the)— — — Perform site restoration by sodding of all areas 29 disturbed during construction where existing irrigation SY 3,000 systems are in place Preform site restoration by hydromulch seeding of all 30 areas disturbed during construction where existing SY 26,200 irrigation systems are not in place Erosion and Sedimentation Controls, including design, 31 permitting, equipment, materials, and other LS 1 — components necessary to setup, maintain, and remove temporary controls Traffic control, including design, permitting, 32 equipment, materials, temporary paving, flagmen, and LS 1 — other components necessary to setup, maintain, and remove temporary controls 33 1 Mobilization LS 1 Total Amount Bid Alternates 34 Improvements at Joyland Park (Segment 6 & 7) by LF 157 — Oven Cut Furnish and install new 48-inch diameter polymer 35 manhole, including necessary excavation and EA 5 connection(s) and reconnection(s) to proposed and/or existing sanitary sewer Remove (all depths) existing manhole and replace with new 48-inch diameter polymer manhole, including 36 necessary excavation and connection(s) and EA 2 reconnection(s) to proposed and/or existing sanitary sewer 37 Furnish and install 48-inch diameter polymer manhole VF 73 — at extra depth (beyond 6 vertical feet) Furnish and install new 60-inch diameter polymer 38 manhole, including necessary excavation and EA 21 connection(s) and reconnection(s) to proposed and/or existing sanitary sewer Remove (all depths) existing manhole and replace with new 60-inch diameter polymer manhole, including 39 necessary excavation and connection(s) and EA 10 reconnection(s) to proposed and/or existing sanitary sewer 40 Furnish and install 60-inch diameter polymer manhole VF 260 at extra depth (beyond 6 vertical feet) Furnish and install new 84-inch diameter polymer 41 manhole, including necessary excavation and EA 1 connection(s) and reconnection(s) to proposed and/or City of Lubbock Front End Documents City of Lubbock Canyon Lakes Sanitary Sewer Interceptor Rehabilitation — Phase 1 REVISED existing sanitary sewer Furnish and install 48-inch diameter polymer manhole rehabilitation insert, including all necessary temporary 42 sanitary sewer bypass, plug, or diversion, surface EA preparation, debris removal, annular space grouting, 3 and connection(s) and reconnection(s) to proposed and/or existing sanitary sewer Furnish and install 48-inch diameter polymer manhole 43 rehabilitation insert at extra depth (beyond 6 vertical VF 20 feet) Total Amount Bid Including Alternates City of Lubbock Front End Documents City of Lubbock Canyon Lakes Sanitary Sewer Interceptor Rehabilitation — Phase 1 Offeror's Initials 0001 11-35 REVISED PROPOSED CONSTRUCTION TIME: 1. Contractors proposed CONTRUCTION TIME for completion: TOTAL CALENDAR DAYS: TOTAL CALENDAR DAYS: Substantial Completion Final Completion Offeror 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 270 CALENDAR DAYS thereafter as stipulated in the specifications and other contract documents. Offeror hereby further agrees to pay to Owner as liquidated damages the sum of $1,000 for each consecutive calendar day in excess of the time set forth herein above for substantial completion of this project, all as more fully set forth in the general conditions of the contract documents. Offeror 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 finally complete the project within 330 CALENDAR DAYS thereafter as stipulated in the specifications and other contract documents. Offeror hereby further agrees to pay to Owner as liquidated damages the sum of $300 for each consecutive calendar day in excess of the time set forth herein above for final completion of this project, all as more fully set forth in the general conditions of the contract documents. Offeror understands and agrees that this proposal submittal shall be completed and submitted in accordance with instruction number 29 of the General Instructions to Offerors. Offeror understands that the Owner reserves the right to reject any or all proposals and to waive any formality in the proposing. The Offeror agrees that this proposal shall be good for a period of sixty (60) calendar days after the scheduled closing time for receiving proposals. The undersigned Offeror hereby declares that he has visited the site of the work and has carefully examined the plans, specifications and contract documents pertaining to the work covered by this proposal, and he further agrees to commence work on the date specified in the written notice to proceed, and to substantially complete the work on which he has proposed; as provided in the contract documents. Offerors are required, whether or not a payment or performance bond is required, to submit a cashier's check or certified check issued by a bank satisfactory to the City of Lubbock, or a proposal bond from a reliable surety company, payable without recourse to the order of the City of Lubbock in an amount not less than five percent (5%) of the total amount of the proposal submitted as a guarantee that offeror will enter into a contract, obtain all required insurance policies, and execute all necessary bonds (if required) within ten (10) days after notice of award of the contract to him. City of Lubbock Front End Documents City of Lubbock Canyon Lakes Sanitary Sewer Interceptor Rehabilitation — Phase 1 Offeror's Initials 0001 11-36 k j E S d_ � REVISED Enclosed with this proposal is a Cashier's Check or Certified Check Enclosed with this proposal is a Cashier's Check or Certified Check for Dollars ($ ) or a Proposal 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 proposal 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 l of acceptance of said proposal; otherwise, said check or bond shall be returned to the undersigned upon demand. Offeror understands and agrees that the contract to be executed by Offeror shall be bound and include all contract i_ , documents made available to him for his inspection in accordance with the Notice to Offerors. Pursuant to Texas Local Government Code 252.043(g), a competitive sealed proposal that has been opened may not be changed for the purpose of correcting an error in the proposal price. THEREFORE, ANY CORRECTIONS TO THE PROPOSAL PRICE MUST BE MADE ON THE PROPOSAL SUBMITTAL FORM PRIOR TO PROPOSAL OPENING. I " (Seal if Offeror is a Corporation) ATTEST: T Secretary Offeror acknowledges receipt of the following addenda: r 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: Zip Code Fax: - Email: FEDERAL TAX ID or SOCIAL SECURITY No. MIWBE Firm: Woman Black American Native American Hispanic American Asian Pacific American Other (Specify) FOR CITY USE ONLY Bid Form Item Number(s) Awarded to Above Named Firm/Individual: Date of Award by City Council (for bids over $50, 000): Date P.O./Contract Issued: RETURN COMPLETED & SIGNED BID FORM ALONG WITH CITY OF LUBBOCK SPECIFICATIONS. LABEL THE OUTSIDE OF YOUR SEALED BID WITH THERFP NUMBER, THE CLOSING DATE AND TIME, AND YOUR COMPANY NAME AND ADDRESS. City of Lubbock Front End Documents City of Lubbock Canyon Lakes Sanitary Sewer Interceptor Rehabilitation — Phase 1 0001 11-37 SECTION 01 23 10 ALTERNATES AND ALLOWANCES PART1 GENERAL 1.01 REQUIREMENTS A. Alternates: 1. This Section describes each alternate by number and describes the basic changes to be incorporated into the Work when this alternate is made a part of the Work in the_., Agreement. 2. Drawings and Specifications will outline the extent of Work to be included in the alternate Contract Price. 3. Coordinate related Work and modify surrounding Work as required to properly integrate the Work under each alternate, and provide a complete and functional Project as required by the Contract Documents. 4. Bids for alternates may be accepted or rejected at the option sole discretion of the Owner. 5. Owner may incorporate these alternates in the Contract when executed, or may issue a Change Order to incorporate these alternates within 120 days of bid at the prices---; offered in the Bid, unless noted otherwise. A Request for a Change Proposal may be issued after 120 days from the date of the bid to negotiate a new price for a incorporating the Work into the Project. B. Allowances: 1. Include specified allowance amount in the Contract Price. 2. The amount of each allowance includes: a. The cost of the product to the Contractor less any applicable trade discounts. b. Delivery to the Site. C. Applicable taxes. d. Handling at the Site, including unloading, uncrating, and storage per SECTION 01 31 00 PROJECT MANAGEMENT AND COORDINATION. e. Cost for labor and equipment for installation and finishing. is f. Cost for related products not specifically listed in the allowance required for ; installation, including consumable supplies and materials. g. All overhead, profit, and related costs. 3. Assist Owner in the selection of products. a. Identify qualified Suppliers. Alternates and Allowances 01 23 10-1 City of Lubbock Canyon Lakes Sanitary Sewer Interceptor Rehabilitation — Phase 1 i Obtain bids from qualified Suppliers. Present available alternates to the Owner through the RPR (Resident Project Representative). Notify RPR of: 1) Any objections to a particular Supplier or product. 2) Effect on the Construction Schedule anticipated by the selection of each option. 3) Cost of each option. 1.02 DOCUMENT SUBMITTALS A. Provide documents for materials furnished as part of the alternate in accordance with SECTION 01 33 00 Submittals. 1.03 DESCRIPTION OF ALTERNATES A. Alternate 34 — Open Cut Improvements at Joyland Park (Segment 6/7): The base bid for these improvements includes a bored crossing of Marsha Sharp Freeway as shown in the Drawings, represented as item 3a on the bid form. 2. An alternate bid will be considered to construct the crossing beneath the Marsha Sharp Freeway with open cut methods rather than bored crossing shown in the Drawings. Open cut installation shall be at the same line and grade as shown in the Drawings and shall include the same limits of steel casing. The alternate, if accepted at the sole discretion of the owner, would replace bid item 3a in full, reducing that estimated quantity to 0. B. Alternate 35 — New 48-inch Diameter Polymer Manhole: The base bid for these improvements includes the furnishing and installation of new 48-inch diameter fiberglass manholes as shown in the Drawings. 2. An alternate bid will be accepted to furnish and install new 48-inch diameter polymer manholes, including necessary excavation and connection(s), and reconnection(s) to proposed and/or existing sanitary sewer. Installation shall be at the same elevations as shown in the Drawings. The owner has the sole discretion of accepting this alternate in full, which would replace bid item 14 in full, reducing that estimated quantity to 0. Alternatively, the owner has the sole discretion of rejecting this alternate in full or accepting it on a case by case basis, electing to replace one (1) item/unit of base bid item 14 with one (1) item/unit of this alternate. C. Alternate 36 — Remove Existing Manhole and Replace with New 48-inch Diameter Polymer Manhole: The base bid for these improvements includes the removal (all depths) of existing manholes and replacement of new 48-inch diameter fiberglass manholes as shown in the Drawings. m 2. An alternate bid will be accepted to remove (all depths) existing manholes and replace with new 48-inch diameter polymer manholes, including necessary excavation and Alternates and Allowances 01 23 10-2 City of Lubbock Canyon Lakes Sanitary Sewer Interceptor Rehabilitation — Phase 1 r- connection(s), and reconnection(s) to proposed and/or existing sanitary sewer. Installation shall be at the same elevations as shown in the Drawings. The owner has the sole discretion of accepting this alternate in full, which would replace bid item 15 in full, reducing that estimated quantity to 0. Alternatively, the owner has the sole discretion of reiecting this alternate in full or acceptinq it on a case by case basis, electinq to replace one (1) item/unit of base bid item 15 with one (1) item/unit of this alternate. D. Alternate 37 — New 48-inch Diameter Polymer Manhole at Extra Depth (beyond 6 vertical feet): The base bid for these improvements includes the furnishing and installation of new 48-inch diameter fiberglass manholes at extra depth (beyond 6 vertical feet) as shown in the Drawings. 2. An alternate bid will be accepted to furnish and install 48-inch diameter polymer manholes at extra depth (beyond 6 vertical feet) as shown in the drawings. The owner has the sole discretion of accepting this alternate in full, which would replace bid item 16 in full, reducing that estimated quantity to 0. Alternatively, the owner has the sole discretion of reiectinq this alternate in full or accepting it on a case by case basis in conjunction with a 48-inch polymer regular depth manhole. E. Alternate 38 — New 60-inch Diameter Polymer Manhole: 1. The base bid for these improvements includes the furnishing and installation of new 60-inch diameter fiberglass manholes as shown in the Drawings. 2. An alternate bid will be accepted to furnish and install new 60-inch diameter polymer manholes, including necessary excavation and connection(s), and reconnection(s) to proposed and/or existing sanitary sewer. Installation shall be at the same elevations as shown in the Drawings. The owner has the sole discretion of accepting this alternate in full which would replace bid item 17 in full, reducing that estimated quantity to 0. Alternatively, the owner has the sole discretion of rejecting this alternate in full or accepting it on a case by case basis, electing to replace one (1) item/unit of base bid item 17 with one (1) item/unit of this alternate. F. Alternate 39 — Remove Existing Manhole and Replace with New 60-inch Diameter Polymer Manhole: 1. The base bid for these improvements includes the removal (all depths) of existing manholes and replacement of new 60-inch diameter fiberglass manholes as shown in the Drawings. 2. An alternate bid will be accepted to remove (all depths) existing manholes and replace with new 60-inch diameter polymer manholes, including necessary excavation and connection(s), and reconnection(s) to proposed and/or existing sanitary sewer. Installation shall be at the same elevations as shown in the Drawings. The owner has the sole discretion of accepting this alternate in full, which would replace bid item 18 in full, reducing that estimated quantity to 0. Alternatively, the owner has the sole discretion of rejecting this alternate in full or accepting it on a case by case basis, electing to replace one (1) item/unit of base bid item 18 with one (1) item/unit of this alternate. G. Alternate 40 — New 60-inch Diameter Polymer Manhole at Extra Depth (beyond 6 vertical feet): 1= Alternates and Allowances 01 23 10-3 City of Lubbock Canyon Lakes Sanitary Sewer Interceptor Rehabilitation — Phase 1 Y„ 1. The base bid for these improvements includes the furnishing and installation of new 60-inch diameter fiberglass manholes at extra depth (beyond 6 vertical feet) as shown in the Drawings. 2. An alternate bid will be accepted to furnish and install 60-inch diameter polymer manholes at extra depth (beyond 6 vertical feet) as shown in the drawings. The owner has the sole discretion of accepting this alternate in full, which wouldreplace bid item 19 in full, reducing that estimated quantity to 0. Alternatively, the owner has the sole discretion of reiectinq this alternate in full or accepting it on a case by case basis in conjunction with a 60-inch polymer regular depth manhole. H. Alternate 41 — New 84-inch Diameter Polymer Manhole (all depths): 1. The base bid for these improvements includes the furnishing and installation of new 84-inch diameter fiberglass manholes as shown in the Drawings. 2. An alternate bid will be accepted to furnish and install new 84-inch diameter polymer manholes (all depths), including necessary excavation and connection(s), and reconnection(s) to proposed and/or existing sanitary sewer. Installation shall be at the same elevations as shown in the Drawings. The owner has the sole discretion of accepting this alternate in full, which wouldreplace bid item 20 in full, reducing that estimated quantity to 0. I. Alternate 42 — 48-inch Diameter Polymer Manhole Rehabilitation Insert: The base bid for these improvements includes the furnishing and installation of 48- inch diameter fiberglass manhole rehabilitation inserts as shown in the Drawings. 2. An alternate bid will be accepted to furnish and install new 48-inch diameter polymer manhole rehabilitation inserts, including all necessary temporary sanitary sewer bypass, plug, or diversion, surface preparation, debris removal, annular space grouting, and connection(s) and reconnection(s) to proposed and/or existing sanitary sewer. Installation shall be at the same elevations as shown in the Drawings. The owner has the sole discretion of accepting this alternate in full, which wouldreplace bid item 21 in full, reducing that estimated quantity to 0. Alternatively, the owner has the sole discretion of reiectinq this alternate in full or accepting it on a case by case basis, electing to replace one (1) item/unit of base bid item 21 with one (1) item/unit of this alternate. Alternate 43 — New 48-inch Diameter Polymer Manhole Rehabilitation Insert at Extra Depth (beyond 6 vertical feet): The base bid for these improvements includes the furnishing and installation of new 48-inch diameter fiberglass manhole rehabilitation inserts at extra depth (beyond 6 vertical feet) as shown in the Drawings. 2. An alternate bid will be accepted to furnish and install 48-inch diameter polymer manhole rehabilitation inserts at extra depth (beyond 6 vertical feet) as shown in the drawings. The alternate, if accepted at the sole discretion of the owner, would replace bid item 22 in full, reducing that estimated quantity to 0. Alternatively, the owner has the sole discretion of reiectinq this alternate in full or accepting it on a case by case basis in conjunction with a 48-inch polymer regular depth manhole insert. Alternates and Allowances 01 23 10-4 City of Lubbock Canyon Lakes Sanitary Sewer Interceptor Rehabilitation — Phase 1 I PART 2 PRODUCTS (NOT USED) g PART 3 EXECUTION (NOT USED) END OF SECTION i Alternates and Allowances 01 23 10-5 City of Lubbock Canyon Lakes Sanitary Sewer Interceptor Rehabilitation — Phase 1 i' x SECTION 01 29 00 PAYMENT PROCEDURES PART1 GENERAL 1.01 WORK INCLUDED A. Payments for Work shall conform to the provisions of the General Conditions, the Special Conditions, the Agreement, and this Section. B. Submit Applications for Payment at the prices indicated in the Agreement 1. Prices for each item in the Agreement shall include but not be limited to cost for: a. Mobilization, demobilization, cleanup, bonds, and insurance, b. Professional services including but not limited to engineering and legal fees, C. The products to be permanently incorporated into the project, d. The products consumed during the construction of the project, e. The labor and supervision to complete the project, f. The equipment, including tools, machinery, and appliances required to complete the project, g. The field and home office administration and overhead costs related directly or indirectly to the project, and h. Any and all kinds, amount or class of excavation, backfilling, pumping or drainage, sheeting, shoring and bracing, disposal of any and all surplus materials, permanent protection of all overhead, surface or underground structures; removal and replacement of any poles, conduits, pipelines, fences, appurtenances and connections, cleaning up, overhead expense, bond, public liability and compensation and property damage insurance, patent fees, and royalties, risk due to the elements, and profits, unless otherwise specified. 2. Provide work not specifically set forth as an individual payment item but required to provide a complete and functional system. These items are considered a subsidiary obligation and are to be included in the Contract Price. 3. Payment will be made for materials on hand. a. Store materials properly on site per Section 01 31 00, PROJECT MANAGEMENT AND COORDINATION. 1) Payment will be made for the invoice amount less the specified retainage. 2) Provide invoices at the time materials are included on the materials - on -hand tabulation. 4 b. Provide documentation of payment for materials -on -hand with the next payment request. Adjust payment to the amount actually paid if this differs Payment Procedures 01 29 00-1 City of Lubbock Canyon Lakes Sanitary Sewer Interceptor Rehabilitation — Phase 1 i from the invoice amount. Remove items from the materials on hand tabulation if this documentation is not provided so payment will not be made. Payment for materials -on -hand is provided for the convenience of the Contractor and does not constitute acceptance of the product. 4. The work covered by progress payments becomes the property of the Owner at the time of payment. 1.02 SCHEDULE OF VALUES AND PAYMENTS A. Submit a detailed Schedule of Values for the Work to be performed on the project. Submit schedule within 10 days of Notice to Proceed. No pay application shall be processed without an approved schedule of values. Line items in the Agreement are to be used as line items in the schedule. Payment will be made on the quantity of Work completed per Contract Documents during the payment period and as measured per this Section. a. Payment amount is the Work quantity measured multiplied by the unit prices for that line item in the Agreement. Payment on a unit price basis will not be made for work outside finished dimensions shown in the Contract Documents without prior written approval C. Partial payments may be made for lump sum line items in the Agreement. 1) Lump sum line items in the Agreement are to be divided into smaller unit prices to allow more accurate determination of the percentage of the item that has been completed. a) Provide adequate detail to allow more accurate determination of the percentage of work completed for each item. b) Provide prices for items that do not exceed $50,000.00. An exception may be made for equipment packages that cannot be subdivided into units or subassemblies. c) Separate product costs and installation costs. 2) Product costs include cost for product, delivery and unloading costs, royalties and patent fees, taxes, and other cost paid directly to the Subcontractor or Supplier. 3) Installation costs include cost for the supervision, labor and equipment for field fabrication, erection, installation, start-up, initial operation and Contractor's overhead and profit. For equipment or systems that exceed $50,000 the costs reported for startup activation shall not be less than 10 percent of the total item cost. a) Lump sum items may be divided into an estimated number of units. Payment Procedures 01 29 00-2 City of Lubbock 2 Canyon Lakes Sanitary Sewer Interceptor Rehabilitation — Phase 1 f 4) The estimated number of units times the cost per unit must equal the lump sum amount for that line item. 5) Contractor will receive payment for all of the lump sum line item on completion of work. a) Include a directly proportional amount of Contractor's overhead and profit for each line item. b) Divide principal subcontract amounts into an adequate number of line items to allow determination of the percentage of work completed for each item. 6) These line items may be used to establish the value of work to be added or deleted from the project. 7) Correlate line items with other administrative schedules and forms: a) Progress schedule, b) List of Subcontractors, c) Schedule of allowances, d) Schedule of alternatives, e) List of products and principal Suppliers, and f) Schedule of Submittals 8) Costs for mobilization shall be listed as a separate line item and shall be actual cost for: a) Bonds and insurance, b) Transportation and setup for equipment, c) Transportation and/or erection of all field offices, sheds and storage facilities, d) Salaries for preparation of submittals required before the first Application for Payment, e) Salaries for field personnel assigned to the project related to the mobilization of the project, f) Mobilization may not exceed 3 percent of the total contract amount. Cost for mobilization may be submitted only for work completed 9) The sum of all values listed in the schedule must equal the total contract amount. Payment Procedures 01 29 00-3 City of Lubbock Canyon Lakes Sanitary Sewer Interceptor Rehabilitation — Phase 1 4. Submit a schedule indicating the anticipated schedule of payments to be made by the Owner. Schedule shall indicate: The Application for Payment number, Planned date the request is to be submitted, and C. Anticipated amount of payment to be requested. 5. Update the Schedule of Values quarterly or more often if necessary to provide a reasonably accurate indication of the funds that the Owner will need to have available to make payment for the Work performed. B. Provide written approval of the Schedule of Values, Application for Payment form, and method of payment by the Surety Company providing performance, and payment bonds prior to submitting the first Application for Payment. Payment will not be made without this approval. 1.03 PAYMENT PROCEDURES A. Submit Applications for Payment per the procedures indicated in Section 01 33 00, SUBMITTALS. Submit a Schedule of Values in the Application for Payment format to be used. B. Applications for Payment may be submitted on a pre-printed form as indicated in Section 01 31 13 13, FORMS or may be generated by computer. Computer generated payment requests must have the same format and information indicated in the pre-printed form and be approved by the Engineer. Indicate the total contract amount and the work completed to date on the Tabulation of Values for Original Contract Performed (Attachment "A".) Include only approved Change Order items in the Tabulation of Extra Work on Approved Change Orders (Attachment "B".) List all materials on hand that are presented for payment on the Tabulation of Materials on Hand (Attachment "C".) Once an item has been entered on the tabulation it is not to be removed. 4. Include the Project Summary Report (Attachment "D") with each Application for Payment. Data included in the Project Summary Report are to be taken from the other tabulations. Include a completed summary as indicated in with each Applications for Payment submitted. a. Number each application sequentially and indicate the payment period. b. Show the total amounts for value of original contract performed, extra work on approved Change Orders, and materials on hand on the Project Summary Report. Show total amounts that correspond to totals indicated on the attached tabulation for each. C. Note the number of pages in tabulations in the blank space on the Project Summary Report to allow a determination that all sheets have been submitted. f } i. Payment Procedures 01 29 00-4 City of Lubbock Canyon Lakes Sanitary Sewer Interceptor Rehabilitation — Phase 1 d. Execute Contractor's certification by the Contractor's agent of authority and notarize for each Application for Payment. 5. Do not alter the schedule of values and the form for the submission of requests without the written approval of the Engineer once these have been approved. 6. Final payment requires additional procedures and documentation per Section 01 70 00, EXECUTION AND CLOSEOUT REQUIREMENTS. C. Progress payments shall be made as the work progresses on a monthly basis. 1. End the payment period on the day indicated in the Agreement and submit an Application for Payment for Work completed and materials received since the end of the last payment period. 2. At the end of the payment period, submit a draft copy of the Application for Payment for that month. Agreement is to be reached on: a. The percentage of work completed for each lump sum item, b. The quantity of work completed for each unit price item, C. The percentage of work completed for each approved Change Order item, and d. The amount of materials on hand. 3. On the basis of these agreements prepare a final copy of the Application for Payment and submit it for approval. 4. The Engineer will review the payment request and if appropriate will recommend payment of the request to the Owner. D. Provide a revised and up-to-date progress schedule per Section 01 32 16 CONSTRUCTION PROGRESS SCHEDULES with each Application for Payment. E. Provide project photographs per Section 01 32 33, PHOTOGRAPHIC DOCUMENTATION with each Application for Payment. 1.04 ALTERNATES AND ALLOWANCES A. Include amounts for specified Alternate Work in the Agreement in accordance with Section 01 23 00 ALTERNATES AND ALLOWANCES. B. Include amounts for specified Allowances for Work in the Agreement in accordance with Section 01 23 00 ALTERNATES AND ALLOWANCES. 1.05 MEASUREMENT PROCEDURES A. Measure the Work described in the Agreement for payment. Payment will be made only for the actual measured and/or computed length, area, solid contents, number and weight, unless otherwise specifically provided. No extra or customary measurements of any kind will be allowed. Payment Procedures 01 29 00-5 City of Lubbock Canyon Lakes Sanitary Sewer Interceptor Rehabilitation — Phase 1 1.06 BASIS OF PAYMENT 1. Bypass Pumping and Appurtenances Payment for bypass pumping includes discharge line installation, pump rental, pump operation, pump maintenance, appurtenances, sump pits, and diversion of sanitary sewer forcemains and shall be made at the lump sum price for each individual installation as established and enumerated in the Bid Form bid and shall include furnishing all labor materials, equipment and incidentals necessary for installation of a temporary sanitary sewer force main for temporarily diverting and dewatering of sewers as necessary to complete proposed improvements as indicated on the Drawings and in compliance with the specifications. This item includes the removal/replacement of any manhole tops required for bypass operations as well as any excavation or pavement removal/replacement necessary for excavation. This item also includes removing and replacing all plugged manholes not explicitly called for in the Drawings, and rerouting existing lateral connections including force mains where required in the project vicinity. Items established in the bid form where bvpass pumpina is noted for specific seaments/portions of work represent those areas where temporary bvpass is seen as necessary in order to complete proposed improvements. Any other temporary diversion or bypass proposed or deemed necessary by the Contractor but not established and enumerated in the Bid Form is considered subsidiary to the work and shall not be paid separately. 2. Furnish and Install Laterals (Including Reconnections) Payment for reconnection of existing laterals shall be made at the unit price bid per linear foot for each diameter (including both force main and gravity) as listed in the proposal and shown on the Contract Drawings for both open cut or trenchless installation. This item includes removal of existing sanitary sewer service lateral where required for installation and reconnection of existing service connections along rehabilitated sanitary sewers. This item also includes any force main relocation and stub -outs for future connections of the diameter specified. Where reconnection of an existing lateral is identified during the performance of work that was not identified on the drawings, payment shall be made at the unit price bid only when such connection was first properly identified and reported to the Engineer in writing. 3. Pipe, 24 inch, Fiberglass Reinforced Pipe (FRP) or PVC, Auger Boring, Including casing pipe, spacers, excavation and repair of bore pits, etc. Payment for 24-Inch pipe and 36-inch steel casing to be installed by auger boring shall be made at the unit price bid per linear foot as listed in the proposal and shown on the Contract Drawings. Furnish labor materials, equipment and incidentals necessary for the installation of sewer pipe and casing as shown on the contract documents by auger boring. This item includes the mobilization, launching shaft, receiving shaft, pavement removal, excavation, hauling, disposal of excess material, placement and compaction of backfill, furnishing backfill, casing, casing spacers, bore pits, odor control and all clean up required. NOTE: In accordance with the BNSF utility accommodation policies, carrier pipe at all crossings of BNSF rights -of -way shall be PVC. 4. Pipe, 30 inch, FRP or PVC, Auger Boring, Including casing pipe, spacers, excavation and repair of bore pits, etc. Payment for 30-Inch pipe and 42-inch steel casing to be installed by auger boring shall be made at the unit price bid per linear foot as listed in the proposal and shown on the Contract Drawings. Furnish labor materials, equipment and incidentals necessary for the installation of Payment Procedures 01 29 00-6 City of Lubbock Canyon Lakes Sanitary Sewer Interceptor Rehabilitation — Phase 1 p}. sewer pipe and casing as shown on the contract documents by auger boring. This item includes the mobilization, launching shaft, receiving shaft, pavement removal, excavation, hauling, disposal of excess material, placement and compaction of backfill, furnishing backfill, casing, casing spacers, bore pits, odor control, and all clean up required. 5. Pipe, 24 inch, FRP or PVC, Auger Boring (no casing pipe, including excavation, and repair of bore pits, etc.) Payment for 24-Inch pipe to be installed by auger boring without casing shall be made at the unit price bid per linear foot as listed in the proposal and shown on the Contract Drawings. Furnish labor materials, equipment and incidentals necessary for the installation of sewer pipe as shown on the contract documents by auger boring. This item includes the mobilization, launching shaft, receiving shaft, pavement removal, excavation, hauling, disposal of excess material, placement and compaction of backfill, furnishing backfill, bore pits, odor control, and all clean up required 6. Pipe, 30 inch, FRP or PVC, Auger Boring (no casing pipe, including excavation and repair of bore pits, etc.) Payment for 30-Inch pipe to be installed by auger boring without casing shall be made at the unit price bid per linear foot as listed in the proposal and shown on the Contract Drawings. Furnish labor materials, equipment and incidentals necessary for the installation of sewer pipe as shown on the contract documents by auger boring. This item includes the mobilization, launching shaft, receiving shaft, pavement removal, excavation, hauling, disposal of excess material, placement and compaction of backfill, furnishing backfill, bore pits, odor control, and all clean up required. 7. Pipe, 24 inch, Fiberglass Reinforced Pipe (FRP) or PVC, Open Cut, Including casing pipe, spacers, excavation and repair of bore pits, etc. Payment for 24-Inch pipe and 36-inch steel casing to be installed by open cut shall be made at ` the unit price bid per linear foot as listed in the proposal and shown on the Contract Drawings. Furnish labor materials, equipment and incidentals necessary for the installation of sewer pipe and casing as shown on the contract documents by open cut. This item includes the mobilization, pavement removal, excavation, hauling, disposal of excess material, placement and compaction of backfill, furnishing backfill, casing, casing spacers, odor control and all clean up required. 8. Pipe, 24 inch, FRP or PVC, Open Cut Payment for the open cut installation of 24-Inch pipe for all depths shall be made at the unit price bid per linear foot as listed in the proposal and shown on the Contract Drawings. Furnish labor materials, equipment and incidentals necessary for the installation of sewer pipe as shown on the contract documents by open cut. This item includes the mobilization, odor control, pavement removal, excavation, hauling, disposal of excess material, gaskets, placement and compaction of both embedment and backfill, furnishing backfill, clay dams, testing, and all clean up required to install the pipe. Contractor has the option to competitively bid pipe as either FRP or PVC, where PVC is an adequate material based on approval of the engineer. Pipe, 30 inch, FRP or PVC, Open Cut Payment for the open cut installation of 30-Inch pipe for all depths shall be made at the unit price bid per linear foot as listed in the proposal and shown on the Contract Drawings. Furnish labor materials, equipment and incidentals necessary for the installation of sewer pipe as Payment Procedures 01 29 00-7 City of Lubbock Canyon Lakes Sanitary Sewer Interceptor Rehabilitation — Phase 1 t__ Q_ S '! shown on the contract documents by open cut. This item includes the mobilization, odor control, pavement removal, excavation, hauling, disposal of excess material, gaskets, placement and compaction of both embedment and backfill, furnishing backfill, clay dams, testing, and all clean up required to install the pipe. Contractor has the option to competitively bid pipe as either FRP or PVC, where PVC is an adequate material based on approval of the engineer. 10. Connect Proposed FRP/PVC Pipe to Existing Pipe Payment for connection of proposed FRP or PVC pipe to existing VCT pipe shall be made at the unit price bid per each as listed in the proposal and shown on the Contract Drawings. Furnish labor materials, equipment and incidentals necessary for the installation of the FRP/PVC to existing pipe connection. This item includes the mobilization, odor control, pavement removal, excavation, hauling, disposal of excess material, furnishing backfill, placement and compaction of both embedment and backfill, completely sealing the connection, coupling required, testing and all clean up required to install the pipe and make the connection. This item shall not be utilized at proposed manholes, where connection to pipe is included in the manhole payment per other paragraphs of this specification section. 11. Pipe, 12 inch, PVC and steel casing, Open Cut Payment for 12-Inch pipe and 20-inch steel casing to be installed by open cut shall be made at the unit price bid per linear foot as listed in the proposal and shown on the Contract Drawings. Furnish labor materials, equipment and incidentals necessary for the installation of sewer pipe and casing as shown on the contract documents by open cut. This item includes the mobilization, pavement removal, excavation, hauling, disposal of excess material, placement and compaction of backfill, furnishing backfill, casing, casing spacers, odor control and all clean up required. 12. Pipe, 18 inch, PVC Force Main, Open Cut Payment for the open cut installation of 18-Inch pipe for all depths shall be made at the unit price bid per linear foot as listed in the proposal and shown on the Contract Drawings. Furnish labor materials, equipment and incidentals necessary for the installation of sewer pipe as shown on the contract documents by open cut. This item includes the mobilization, odor control, pavement removal, excavation, hauling, disposal of excess material, gaskets, placement and compaction of both embedment and backfill, furnishing backfill, clay dams, testing, and all clean up required to install the pipe. 13. Pipe, 18 inch, PVC, Auger Boring, including casing pipe, spacers, excavation and repair of bore pits, etc. Payment for 18-Inch pipe and 30-inch steel casing to be installed by auger boring shall be made at the unit price bid per linear foot as listed in the proposal and shown on the Contract Drawings. Furnish labor materials, equipment and incidentals necessary for the installation of sewer pipe and casing as shown on the contract documents by auger boring. This item includes the mobilization, launching shaft, receiving shaft, pavement removal, excavation, hauling, disposal of excess material, placement and compaction of backfill, furnishing backfill, casing, casing spacers, bore pits, odor control, and all clean up required. 14. New Manhole, 48 inch, Fiberglass, including connection to pipe, etc. Payment Procedures 01 29 00-8 City of Lubbock Canyon Lakes Sanitary Sewer Interceptor Rehabilitation — Phase 1 Payment for the construction of a new manhole shall be made at the unit price bid per each for 48 inch diameter fiberglass manholes up to a total depth to invert elevation of 6-feet from natural ground at the rim and shall include furnishing all labor, materials, equipment, odor control, diversion pumping/piping, and incidentals necessary for the installation of manholes at the locations indicated on the drawings in compliance with the specifications. Unless otherwise approved in writing by the City, in accordance with City of Lubbock Public Works Engineering Minimum Design Standards and Specifications, an approved Inflow Prevention Device (IPD) shall be installed on all new manholes. 15. Existing Manhole Remove and Replace, 48 inch, Fiberglass including connection to pipe, etc. Payment for the removal of an existing manhole (all depths) and construction of a new 48 inch diameter fiberglass manholes up to a total depth to invert elevation of 6-feet from natural ground at the rim and shall be made at the unit price bid per each manhole and shall include furnishing all labor, materials, equipment, odor control, diversion pumping/piping, and incidentals necessary for the installation of manholes, removal of the existing manholes, disposal of removed materials, and reestablishing existing connections at the locations indicated on the drawings in compliance with the specifications. Unless otherwise approved in writing by the Citv. in accordance with Citv of Lubbock Public Works Enaineering Minimum Design Standards and Specifications, an approved Inflow Prevention Device (IPD) shall be installed on all new manholes. 16. Extra Depth New Manhole, 48 inch, Fiberglass Payment for the construction of the extra depth (total depth beyond a standard depth of 6-feet to invert elevation from natural ground at the rim, rounded to the nearest 1/2 —foot) for new manholes shall be made at the unit price bid per vertical foot for each 48 inch diameter fiberglass manhole and shall include furnishing all labor, materials, equipment, odor control, diversion pumping/piping, and incidentals necessary for the installation of manholes for the specified vertical depth of each manhole and the manhole locations as indicated on the drawings in compliance with the specifications. This payment item shall also be applied for extra depth required where removing an existing manhole and replacing with a new manhole. Removal of the existing manhole is incidental to other bid items as noted herein. 17. New Manhole, 60 inch, Fiberglass, including connection to pipe, etc. Payment for the construction of a new manhole shall be made at the unit price bid per each for 60 inch diameter fiberglass manholes up to a total depth to invert elevation of 6-feet from natural ground at the rim and shall include furnishing all labor, materials, equipment, odor control, diversion pumping/piping, and incidentals necessary for the installation of manholes at the locations indicated on the drawings in compliance with the specifications. Unless otherwise approved in writing by the Citv. in accordance with Citv of Lubbock Public Works Engineering Minimum Design Standards and Specifications, an approved Inflow Prevention Device (IPD) shall be installed on all new manholes. 18. Existing Manhole Remove and Replace, 60 inch, Fiberglass, including connection to pipe, etc. Payment for the removal of an existing manhole (all depths) and construction of a new 60 inch diameter fiberglass manholes up to a total depth to invert elevation of 6-feet from natural ground at the rim and shall be made at the unit price bid per each manhole and shall include furnishing all labor, materials, equipment, odor control, diversion pumping/piping, and Payment Procedures 01 29 00-9 City of Lubbock Canyon Lakes Sanitary Sewer Interceptor Rehabilitation — Phase 1 5. t incidentals necessary for the installation of manholes, removal of the existing manholes, disposal of removed materials, and reestablishing existing connections at the locations indicated on the drawings in compliance with the specifications. Unless otherwise approved in writing by the City, in accordance with City of Lubbock Public Works Engineering Minimum Desian Standards and Specifications, an approved Inflow Prevention Device (IPD) shall be installed on all new manholes. 19. Extra Depth New Manhole, 60 inch, Fiberglass Payment for the construction of the extra depth (total depth beyond a standard depth of 6-feet to invert elevation from natural ground at the rim, rounded to the nearest 1/2 —foot) for new manholes shall be made at the unit price bid per vertical foot for each 60 inch diameter fiberglass manhole and shall include furnishing all labor, materials, equipment, odor control, diversion pumping/piping, and incidentals necessary for the installation of manholes for the specified vertical depth of each manhole and the manhole locations as indicated on the drawings in compliance with the specifications. This payment item shall also be applied for extra depth required where removing an existing manhole and replacing with a new manhole. Removal of the existing manhole is incidental to other bid items as noted herein. 20. New Manhole, 84 inch, Fiberglass, including connection to pipe, etc. Payment for the construction of a new manhole shall be made at the unit price bid per each for 84 inch diameter fiberglass manholes up to a total depth to invert elevation of 6-feet from natural ground at the rim and shall include furnishing all labor, materials, equipment, odor control, diversion pumping/piping, and incidentals necessary for the installation of manholes at the locations indicated on the drawings in compliance with the specifications. Unless otherwise aooroved in writing by the Citv. in accordance with Citv of Lubbock Public Works Engineering Minimum Design Standards and Specifications, an approved Inflow Prevention Device (IPD) shall be installed on all new manholes. 21. Manhole Inserts — 48 inch, Fiberglass, Including grouting annular space, connection to pipe, etc. Payment for 48 inch diameter fiberglass manhole inserts shall be made at the unit price bid per each rehabilitation manhole up to a total depth to invert elevation of 6-feet from natural ground at the rim and shall include furnishing all labor, materials, equipment, odor control, diversion pumping/piping, and incidentals necessary for the rehabilitation of the existing manholes by fiberglass inserts as indicated on the drawings in compliance with the specifications and includes interior manhole cleaning of the existing manholes where rehabilitation products or repairs will be installed. This work includes cleaning sewer manholes/lines to remove solids, roots, soil, sand, pieces of broken pipe, bricks, grease, grit from manholes/sewer lines and other debris, as well as the application of hydraulic cement to halt infiltration, and applying mortar to rebuild the existing manhole. NOTE: Construction drawings as presented do not identify proposed locations for this item. This item is included understanding that in the performance of work such an installation may be necessary within the proiect limits or nearby proposed improvements to facilitate or better accommodate construction activity. 22. Extra Depth Manhole Inserts — 48 inch, Fiberglass Payment for extra depth (total depth beyond a standard depth of 6-feet to invert elevation from natural ground at the rim, rounded to the nearest 1/2 —foot) fiberglass manhole insert shall be Payment Procedures 01 29 00-10 City of Lubbock Canyon Lakes Sanitary Sewer Interceptor Rehabilitation — Phase 1 l made at the unit price bid per vertical foot for each 48 inch diameter fiberglass manhole insert and shall include furnishing all labor, materials, equipment, odor control, diversion pumping/piping, and incidentals necessary for the rehabilitation of the existing manholes for the specified vertical depth of each fiberglass insert as indicated on the drawings in compliance with the specifications and includes interior manhole cleaning of the existing manholes where rehabilitation products or repairs will be installed. This work includes cleaning sewer manholes/lines to remove solids, roots, soil, sand, pieces of broken pipe, bricks, grease, grit from manholes/sewer lines and other debris, as well as the application of hydraulic x cement to halt infiltration, and applying mortar to rebuild the existing manhole. NOTE: Construction drawings as presented do not identify proposed locations for this item. This item is included understanding that in the performance of work such an installation may be necessary within the proiect limits or nearby proposed improvements to facilitate or better accommodate construction activity. 23. New Storm and Sewer Conflict Junction Box Payment for the construction of the new storm and sewer conflict junction box shall be made at the unit price bid per each and shall include furnishing all labor, materials, equipment, odor control, and incidentals (that may include but is not limited to temporary dewatering, shoring, diversion/bypass pumping, plug of the existing storm sewer, and removal of debris from the existing storm sewer) necessary for the installation of the junction box at the location indicated on the drawings in compliance with the specifications. The junction box shall be constructed as approved by the RPR. 24. New Cleanout Payment for new cleanouts shall be made at the unit price bid per each as listed in the proposal and shown on the Contract Drawings. This item includes all fittings, couplings, odor control, pipe and connection to sanitary sewers. NOTE: Construction drawings as presented do not identify proposed locations for this item. This item is included understanding that in the performance of work such an item may be necessary within the proiect limits or nearby proposed improvements to facilitate or better accommodate construction activity. 25. Point Repair by Excavation, Pipe Removal and Replacement — Open Cut Method Measurement and payment for open cut removal and replacement of discrete sections of existing pipelines. This work includes: open cut pipeline replacement for point repairs required to externally repair or replace a section of existing pipeline between one foot and 10 feet long and between 24 and 30-inches in diameter that was not identified on the drawings. The length of one Point Repair by Excavation shall be for up to ten (10) feet of pipe replaced. Payment shall shall constitute full compensation for furnishing all materials, labor, and equipment and installing such removed and replaced pipeline including but not limited to, bypass pumping and diversion of flow; odor control, traffic control, pavement removal, excavation, transport and temporary storage of removed excavated material, pipe bedding and backfill in the pipe zone, pipe, fittings, couplings, transport and placement of excavated materials as backfill, compaction of bedding and backfill material installing pipe, reinstatement of service connections, disposal of existing pipe and or manhole material removed, and all other appurtenant work not described in any other specification, complete in place, as specified and/or shown. Payment Procedures 01 29 00-11 City of Lubbock Canyon Lakes Sanitary Sewer Interceptor Rehabilitation — Phase 1 NOTE: Construction drawings as presented do not identify proposed locations for this item. This item is included understanding that in the performance of work such work may be necessary within the proiect limits or nearby proposed improvements to facilitate or better accommodate construction activity. 26. Grout Fill Abandoned Sewer Measurement and Payment for grout fill and abandonment of existing sewers shall be at the unit price per cubic yard of pipe to be grout filled. This pay item shall include furnishing all labor, materials, equipment, odor control, and incidentals necessary for complete abandonment grouting, including air venting, testing, temporary plugs, fill lines, excavations, and incidentals for the grout fill abandonment of sewer and sanitary sewer manholes at the locations indicated on the drawings in compliance with the specifications. Grout fill abandoning existing manholes as shown on the drawings is incidental to this pay item. 27. Removal and Disposal of Existing Sewer Measurement and Payment for removal and disposal of existing sanitary sewer shall be at the unit price per linear foot of pipe to be removed and disposed of (regardless of diameter, condition, pipe material, or other distinguishing property). This pay item shall include furnishing all labor, materials, equipment, odor control, and incidentals necessary for complete removal and disposal in accordance with all local, state and federal regulations, including air venting, testing, temporary plugs, fill lines, excavations, and incidentals for the removal and disposal of sanitary sewer and sanitary sewer manholes at the locations indicated on the drawings in compliance with the specifications. Removal and disposal of existing manholes as shown on the drawings is incidental to this pay item. 28. Removal and Disposal of Municipal Solid Waste and/or Construction Debris within Pipe Trench Measurement and Pavment for removal and disposal of municipal solid waste and/or construction debris within the pipe trench shall be at the unit price per cubic yard of material to be removed and disposed of (regardless of depth). This pay item shall include furnishing all Labor, materials, equipment, and incidentals necessary for complete removal and disposal in accordance with all local, state and federal regulations. The importing of fill if required to compensate for such materials removed from the pipe trench shall be considered incidental to this pay item. NOTE: Construction drawings as presented do not identify proposed locations for this item. This item is included understanding that in the performance of work such removal may be necessary within the project limits (specifically in the area of improvements identified as Segments 12, 13 and 14) to facilitate or better accommodate construction activity. 29. Site Restoration — Sodding Payment for sodding as part of site restoration shall be made at the unit price bid per square yard and shall include furnishing all labor materials, maintenance of areas, equipment and incidentals necessary for the restoration of all areas disturbed by construction, including temporary construction access and/or diversion pumping/piping operations. This item includes grass sodding that shall be placed in all areas where existing irrigation systems are in place or in other locations as directed by the RPR. This item also includes but is not limited to required grading, backfill, temporary irrigation, maintenance, fertilization, or other action necessary to re-establish mature vegetation. Payment Procedures 01 29 00-12 City of Lubbock Canyon Lakes Sanitary Sewer Interceptor Rehabilitation — Phase 1 i__r 30. Site Restoration — Hydromulch Seeding Payment for hydromulch seeding as part of site restoration shall be made at the unit price bid per square yard and shall include furnishing all labor materials, maintenance of areas, equipment and incidentals necessary for the restoration of all areas disturbed by construction, including temporary construction access and/or diversion pumping/piping operations. This item includes seeding that shall be placed in all areas where existing irrigation systems are NOT in place or in other locations as directed by the RPR. This item also includes but is not limited to required grading, backfill, temporary irrigation, maintenance, fertilization, or other action necessary to re-establish mature vegetation. 31. SWPP, Erosion, and Sediment Controls Payment for erosion and sedimentation controls shall be made at the lump sum price bid. ., Furnish labor materials, equipment and incidentals necessary for the erosion and sedimentation control measures required per the SWPPP and Erosion Control Plan to be submitted to the RPR and Engineer for their approval before instating. 32. Traffic Control Payment for traffic control shall be made at the lump sum price bid and shall include furnishing all labor materials, equipment and incidentals necessary for all necessary traffic control measures as indicated in the Contract Documents, the Drawings and in compliance with the detail shown in the plans. Work shall also include traffic control and coordination with the City of Lubbock to park trucks and equipment on public and park roads. 33. Total Mobilization There will be no measurement for mobilization. Payment shall be made at the lump sum price bid and shall be full compensation for all labor, materials, equipment and incidentals required to mobilize to the site to complete the work detailed in the Drawings and construction documents. END OF SECTION Payment Procedures 01 29 00-13 City of Lubbock Canyon Lakes Sanitary Sewer Interceptor Rehabilitation — Phase 1 SECTION 01 57 30 ODOR CONTROL PART1 GENERAL 1.01 WORK INCLUDED A. Odor control shall be provided at locations where the existing sanitary sewer system will be open for more than 24 consecutive hours to accommodate bypass pumping operations. The prevalent odorant in municipal sewer systems is generally hydrogen sulfide. Other non - hydrogen sulfide odors could be present and must also be monitored and controlled. All components of the Chemical Feed Odor Control shall be provided by the contractor. B. The Contractor's odor control for the temporary bypass piping shall consist of the following approach: 1. Provide one (1) Foul Air Treatment Unit. The Foul Air Treatment Units will be shown on the Odor Control Plan provided by the Contactor. 1.02 SUBMITTALS A. The Contractor shall submit an Odor Control Plan which shall include the following: 1. Monitoring Plan and O&M manual for foul air treatment units. 2. Foul Air Treatment Unit: a. Activated Carbon Product information. b. Size of air extraction fan. C. Suction pit: Site plan and proposed method of air ventilation including tenting or tarping. d. Discharge Location: Site plan and proposed method of air ventilation including tenting or tarping. PART 2 EQUIPMENT 2.01 MONITORING EQUIPMENT FOR USE WITH FOUL AIR TREATMENT UNIT: A. The monitoring equipment must be capable of sampling every 10 minutes. B. Capacity to accurately determine Hydrogen Sulfide (H2S) odorant concentrations from 0.1 PPM to 200 PPM. C. Approved monitoring products shall include Sycamore Technologies 2-Point Continuous Emissions Monitor (CEM), RKI Beacon 200 H2S Monitor, Interscan Corporation LD Series Two Point System or approved equal. 2.03 ODOR CONTROL CHEMICAL: A. Odor control chemical shall be a non -hazardous nitrate based chemical; B. Chemical shall be Bioxide® AE (calcium nitrate) manufactured by Siemens Odor Control 01 57 30-1 City of Lubbock Canyon Lakes Sanitary Sewer Interceptor Rehabilitation — Phase 1 �s .' 2.04 FOUL AIR TREATMENT UNIT: A. Foul Air Treatment Unit shall be a modular prefabricated air extraction and activated carbon system; B. Foul air treatment unit shall be portable trailer mounted; C. Minimum capacity of air extraction fan to be 1,000 cubic feet per minute (CFM); D. Generator power capable of operating the entire unit; E. Capable of providing an average inlet loading of 20 PPM, with peaks up to 50 PPM of incoming odorant concentrations; F. Inlet duct must have means to provide positive shut-off inlet foul air in the event that the blower fan is turned off or unit loses power; G. Inlet and outlet duct must have means to attach Hydrogen Sulfide gas monitors; H. The units shall be placed in such a way to minimize the noise level to the greatest extent possible to insure and maintain the quality of life to all residents. All foul air treatment units shall be sound -attenuated and insulated such that they are not plainly audible and result in no greater than 70 decibels measured 25 feet away from the pumps; the flow control implementation plan. Approved products include the Calgon High Flow Vertsorb or approved equal. PART 3 EXECUTION 3.01 It shall be the responsibility of the Contractor to continuously measure wastewater streams and headspace odorant concentrations to provide sufficient equipment, chemicals and labor to control odors generated by the sewer rehabilitation work. The initial measurements taken by the Contractor shall include but not be limited to: BOD, liquid stream temperature, street level hydrogen sulfide and other odorant levels, liquid stream pH, and time and date. 3.02 In addition to initial monitoring and during the first three days of each new odor control setup, the Contractor shall monitor each of the above parameters four (4) times daily, and during following operation monitoring during the peak daily flow will be required. 3.03 The Contractor shall provide continuous Hydrogen Sulfide (1-12S) odorant monitoring at the inlet and the outlet of the Foul Air Treatment unit during odor control operation. Engineer reserves the right to request monitoring data at any time. PART 4 FOUL AIR TREATMENT 4.01 The Contractor shall seal manholes around the odor treatment unit pipe and bypass pipe. The unit shall be installed per manufacturer instructions. The Contractor may be required to install additional Foul Air Treatment Units at areas where odor complaints have arisen - or as directed by the Owner. Odor Control 01 57 30-2 City of Lubbock Canyon Lakes Sanitary Sewer Interceptor Rehabilitation — Phase 1 t 4.02 Each portable System must reduce the incoming odorant levels in the headspace of the sewer line from 20 PPM average to no greater than 0.1 PPM. This requirement may or may not require multiple stages and types of odor control. 4.03 Contractor is responsible for monitoring and testing of activated carbon filter bed media. When testing or air monitoring indicates that media needs to be recharged or replaced, the Contractor shall be responsible for all costs associated with this process. END OF SECTION Odor Control 01 57 30-3 .k City of Lubbock Canyon Lakes Sanitary Sewer Interceptor Rehabilitation — Phase 1 iJ ADDENDUM 2 Engineer's Addendum No. 2 RFP 16-12733-TF Canyon Lakes Sanitary Sewer Interceptor Rehabilitation Phase 1 DATE ISSUED: March 1, 2016 CLOSE DATE: March 3, 2016, at 2:00 p.m. The following items take precedence over specifications for the above named Request for Proposals (RFP). Where any item called for in the RFP documents is supplemented here, the original requirements, not affected by this addendum, shall remain in effect. Please review, incorporate, and acknowledge the information in this addendum on the signature page of the Revised Proposal Submittal Form. Engineer's Addendum No. 2 Please see Engineer's Addendum No. 2, in regard to specification 33 01 30.74 Rehabilitation of Existing Sanitary Sewer Manhole (Fiberglass Inserts). All requests for additional information or clarification must be submitted in writing and directed to: Teofilo Flores, Senior Buyer City of Lubbock Purchasing and Contracts Management Office 1625 13th Street, Room 204 Lubbock, Texas 79401 Questions may be faxed to (806)775-2164 or Email to TKFloresOmylubbock.us Questions are preferred to be posted on BidSync: www.bidsync.com THANK YOU, %o#& 7&w CITY OF LUBBOCK Teofilo Flores City of Lubbock Purchasing and Contracts Management Office It is the intent and purpose of the City of Lubbock that this request permits competitive proposals. It shall be the offeror's responsibility to advise the Director of Purchasing and Contract Management if anv language. reauirements. etc.. or anv combinations thereof. inadvertently restricts or limits the requirements stated in this RFP to a single source. Such notification must be submitted in writing and must be received by the Director of Purchasing and Contract Management no later than five (5) business days prior to the close date. A review of such notifications will be made. CITY OF LUBBOCK }' CANYON LAKES SANITARY SEWER INTERCEPTOR REHABILITATION PHASE 1 RFP 16-12733-TF CONTRACT #: 12733 JOB#: 215006 ADDENDUM NO. 2 March 1, 2016 OF tF�\'k ............................. JUSTIN C. REEVES ............................. 99359 .� � oC E NS'ZNG����r LOCKWOOD, AN EWS & NEWNAM, IN FI F-2614 BID DATE: March 3, 2016 2:00 PM The following additions, deletions, modifications, and/or clarifications shall be made to he 03/01 /2016 appropriate sections of the plans and specifications and shall become a part of the Contract Documents. Bidders shall acknowledge receipt of this Addendum in the space provided on the Bid form and on the outside of the bid envelope. Where information is underlined in the sections that follow, the intent is only to highlight notable changes from previously issued documents and language. SPECIFICATIONS: 1. 33 0130.74 REHABILITATION OF EXISTING SANITARY SEWER MANHOLE (FIBERGLASS INSERTS) A. Revise Section 1.04 MANUFACTURER'S REPRESENTATIVE as follows: The Manufacturer's Representative is a representative authorized to act on behalf of the company regarding technical and commercial issues. The Manufacturer's Representative shall provide field inspections for up to ten percent of all manholes installed. At minimum Manufacturer's Representative shall be present onsite for installation of the first two (2) manholes to provide input and feedback as necessary to Contractor's installation crew on proper methods. , and shall �Oer-i 2. 33 0130.75 REHABILITATION OF EXISTING SANITARY SEWER MANHOLE (FIBERGLASS INSERTS) A. Revise Section 1.04 MANUFACTURER'S REPRESENTATIVE as follows: The Manufacturer's Representative is a representative authorized to act on behalf of the company regarding technical and commercial issues. The Manufacturer's Representative shall provide field inspections for up to ten percent of all manholes installed. At minimum Manufacturer's Representative shall be present onsite for installation of the first two (2) manholes to provide input and feedback as necessary to Contractor's installation crew on Addendum No. 2 City of Lubbock Canyon Lakes Sanitary Sewer Interceptor Rehabilitation — Phase 1 Page 1 of 2 j( I' proper methods. The ne.,.,,,faet„FeF's o,,.,,.,,semt;-Aiye Mti.,u be pFeseR+ -inn -;h.,n „eriP i WFitiRg that the pFepeF pFerzedwes and equipment aFe used by the in-staller ;-;Rd- that the END OF ADDENDUM NO.2 Addendum No. 2 City of Lubbock Canyon Lakes Sanitary Sewer Interceptor Rehabilitation — Phase 1 Page 2 of 2 Page Intentionally Left Blank 9 City of Lubbock, TX Purchasing and Contract Management ` Contractor Checklist for W RFP 16-12733-TF Before submitting your bid, please ensure you have completed and included the following documents in the order they are listed. The contractor is only to submit (1) one original copy of every item listed. 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. 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. In case of a discrepancy between the Unit Price and the Extended Total for a Bid item, the Unit Price will be taken." 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. Contractor's signature must be original. 4. ✓ Clearly mark the bid number, title, due date and time and your company name and address on the outside of the envelope or container. 5. ✓ 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. 6. ✓ Complete and sign the SAFETY RECORD QUESTIONNAIRE. All "YES" responses must be explained in detail and submitted with Bid. 7. ✓., Complete and sign the SUSPENSION AND DEBARMENT CERTIFICATION. Include firm's FEDERAL TAX ID number or Owner's SOCIAL SECURITY number. S. ✓ Complete and submit the CONFLICT OF INTEREST QUESTIONNAIRE. 9. ✓ Complete and submit the PROPOSED LIST OF SUB -CONTRACTORS. DOCUMENTS REQUIRED WITHIN SEVEN BUSINESS DAYS AFTER CLOSING: 10. Complete and submit the FINAL LIST OF SUB DOCUMENTS REQUIRED BEFORE CONTRACT IS FINALIZED: 11. Please acknowledge and submit the ONLINE DISCLOSURE OF INTERESTED PARTIES FORM 1295 within the specified time 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. .. . I Utility Contractors of America, Inc. (Type or Print Company Name) City of Lubbock Front End Documents 00 01 11.3 City of Lubbock Canyon Lakes Sanitary Sewer interceptor Rehabilitation — Phase 1 Page Intentionally Left Blank City of Lubbock Front End Documents 0001 11-4 City of Lubbock Canyon Lakes Sanitary Sewer Interceptor Rehabilitation — Phase 1 1 . INDEX 1. NOTICE TO OFFERORS 2. GENERAL INSTRUCTIONS TO OFFERORS - 3. TEXAS GOVERNMENT CODE 4. PROPOSAL SUBMITTAL FORM — (must be submitted by published due date & time) 4-1. UNIT PRICE PROPOSAL SUBMITTAL FORM 4-2. CONTRACTOR'S STATEMENT OF QUALIFICATIONS 4-3. CITY OF LUBBOCK INSURANCE REQUIREMENT AFFIDAVIT 4-4. SAFETY RECORD QUESTIONNAIRE 4-5. SUSPENSION AND DEBARMENT CERTIFICATION 4-6. PROPOSED LIST OF SUB -CONTRACTORS 5. POST -CLOSING DOCUMENT REQUIREMENTS — (to be submitted no later than seven business days after the close date when proposals are due) - 5-1. FINAL LIST OF SUB -CONTRACTORS 6. PAYMENT BOND 7. PERFORMANCE BOND 8. CERTIFICATE OF INSURANCE 9. CONTRACT 10. CONFLICT OF INTEREST QUESTIONNAIRE CHAPTER 176 11. CHAPTER 46. DISCLOSURE OF INTERESTED PARTIES 11. GENERAL CONDITIONS OF THE AGREEMENT 12. DAVIS-BACON WAGE DETERMINATIONS 12. SPECIAL CONDITIONS (IF APPLICABLE) 13. SPECIFICATIONS fi City of Lubbock Front End Documents 00 01 11-5 City of Lubbock Canyon Lakes Sanitary Sewer Interceptor Rehabilitation — Phase 1 Page Intentionally Left Blank City of Lubbock Front End Documents 0001 11-6 City of Lubbock ' Canyon Lakes Sanitary Sewer Interceptor Rehabilitation — Phase 1 NOTICE TO OFFERORS City of Lubbock Front End Documents City of Lubbock Canyon Lakes Sanitary Sewer Interceptor Rehabilitation — Phase 1 0001 11-7 Page Intentionally Left Blank City of Lubbock Front End Documents City of Lubbock Canyon Lakes Sanitary Sewer Interceptor Rehabilitation — Phase 1 0001 11-8 11 __ NOTICE TO OFFERORS RFP 16-12733-TF Sealed proposals addressed to Marta Alvarez, Director of Purchasing and Contract Management, City of Lubbock, Texas, will be received in the office of the Director of Purchasing and Contract Management City Hall, 1625 13th Street, Room 204, Lubbock, Texas, 79401, until 2:00 PM on March 3, 2016, 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: "Canyon Lakes Sanitary Sewer Interceptor Rehabilitation — Phase 1" After the expiration of the time and date above first written, said sealed proposals will be opened in the office of the Director of Purchasing and Contract Management and publicly read aloud. It is the sole responsibility of the proposer to ensure that his proposal is actually in the office of the Director of Purchasing and Contract Management for the City of Lubbock, before the expiration of the date above first written. . The Contractor is only required to submit one original copy of every item listed on the Contractor Checklist in the proposal submittal. Proposals are due at 2:00 PM on March 3, 2016,, and the City of Lubbock City Council will consider the proposals on April 14, 2016, at the City Hall, 1625 13th Street, Lubbock, Texas, or as soon thereafter as may be reasonably convenient, subject to the right to reject any or all proposals and waive any formalities. The successful proposer will be required to finish 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 proposer 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 shall be issued by a company carrying a current Best Rating of "A" or better. The bond must be in a form accepted by the City Attorney and must be dated the same as the Contract Award date. Offerors 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 proposal 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 proposal submitted as a guarantee that proposer will enter into a contract and execute all ._ necessary bonds within ten (10) business days after notice of award of the contract to the Offerror. FAILURE OF THE PROPOSER TO INCLUDE PROPOSAL SECURITY WITH THE PROPOSAL SUBMITTAL SHALL CONSTITUTE A NON -RESPONSIVE PROPOSAL AND RESULT IN DISQUALIFICATION OF THE PROPOSAL SUBMITTAL. It shall be each proposer's sole responsibility to inspect the site of the work and to inform Offerror 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 proposal submitted. There will be a non -mandatory pre -proposal conference on February 18, 2016, at 10:00 AM, in City Council Conference Room, Suite 201, Lubbock City Hall 1625 13th Street, Lubbock, TX, 79401. The estimated budget for the construction phase of this project is $4,500,000. z City of Lubbock Front End Documents 0001 11-9 City of Lubbock Canyon Lakes Sanitary Sewer Interceptor Rehabilitation — Phase 1 Offerors may view the plans and specifications without charge at The Reproduction Company, 2102 Avenue Q, Lubbock, Texas 79405 or at http://pr.theroroductioncompany.com/ . ONE SET OF PLANS AND SPECIFICATIONS MAY BE OBTAINED, AT THE CITY'S EXPENSE, FROM THE REPRODUCTION COMPANY WITH A $100 REFUNDABLE DEPOSIT, Phone: (806) 763-7770. Deposit Checks shall be made PAYABLE TO THE CITY OF LUBBOCK, and will be refunded if documents are returned in good condition within Sixty (60) days of the opening of Proposals. Additional sets of plans and specifications may be obtained at the proposer's expense. Attention of each proposer 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 offerors. Each offerors attention is further directed to Texas Government Code, Chapter 2258, Prevailing Wage Rates, and the requirements contained therein concerning the above wage scale and payment by the contractor of the prevailing rates of wages as heretofore established by owner in said wage scale. The City of Lubbock hereby notifies all offerors that in regard to any contract entered into pursuant to this advertisement, minority and women business enterprises will be afforded equal opportunities to submit proposals in response to this invitation and will not be discriminated against on the grounds of race, color, sex, disability, or national origin in consideration for an award. The City of Lubbock does not discriminate against persons with disabilities. City of Lubbock pre - proposal meetings and proposal openings are available to all persons regardless of disability. If you require special assistance, please contact the Purchasing and Contract Management Office at (806) 775-2175 write to Post Office Box 2000, Lubbock, Texas 79457 at least 48 hours in advance of the meeting. CITY OF LUBBOCK, Marta .Alvarez Marta Alvarez DIRECTOR OF PURCHASING & CONTRACT MANAGEMENT City of Lubbock Front End Documents City of Lubbock Canyon Lakes Sanitary Sewer Interceptor Rehabilitation — Phase 1 0001 11-10 L j `i 3 GENERAL INSTRUCTIONS TO OFFERORS City of Lubbock Front End Documents City of Lubbock Canyon Lakes Sanitary Sewer Interceptor Rehabilitation — Phase 1 t 0001 11-11 Page Intentionally Left Blank City of Lubbock Front End Documents 0001 11-12 City of Lubbock Canyon Lakes Sanitary Sewer Interceptor Rehabilitation — Phase 1 GENERAL INSTRUCTIONS TO OFFERORS !II' 1 PROPOSAL DELIVERY TIME & DATE The City of Lubbock is seeking written and sealed competitive proposals to furnish the Canyon Lakes Sanitary Sewer Interceptor Rehabilitation Phase 1 project, per the attached specifications and contract documents. Sealed proposals will be received no later than 2:OOPM on March 3, 2016, at the office listed below. Any proposal received after the date and hour specified will be rejected and returned unopened to the proposer. Each proposal and supporting documentation must be in a sealed envelope or container plainly labeled in the lower left-hand corner: "REP 16-12733-TF, Canyon Lakes Sanitary Sewer Interceptor Rehabilitation Phase 1 "and the proposal opening date and time. Offerors must also include their company name and address on the outside of the envelope or container. Proposals must be addressed to: Marta Alvarez, Director of Purchasing and Contract Management City of Lubbock 1625 13th Street, Room 204 Lubbock, Texas 79401 1.1 Offerors are responsible for making certain proposals are delivered to the Purchasing and Contract Management Office. Mailing of a proposal does not ensure that it will be delivered on time or delivered at all. If proposer does not hand deliver proposal, we suggest that he/she use some sort of delivery service that provides a receipt. 1.2 Proposals may be delivered in person, by United States Mail, by United Parcel Service, or by private courier service. Only written proposals submitted in conformance with the Instruction to Offerrors will be considered responsive and evaluated or award of a Contract. 1.3 The City of Lubbock reserves the right to postpone the date and time for opening proposals through an addendum. 2 PRE -PROPOSAL MEETING 2.1 For the purpose of familiarizing offerors with the requirements, answering questions, and issuing addenda as needed for the clarification of the Request for Proposals (RFP) documents, a non- mandatory nre-nronosal conference will be held at 10:00 AM. in Citv Council Conference Room, Suite 201, Lubbock City Hall 1625 13" Street, Lubbock, TX, 79401. All persons attending the meeting will be asked to identify themselves and the prospective proposer they represent. 2.2 It is the proposer's responsibility to attend the pre -proposal meeting though the meeting is not mandatory. The City will not be responsible for providing information discussed at the pre - proposal meeting to offerors who do not attend the pre -proposal meeting. 3 ADDENDA & MODIFICATIONS 3.1 Any changes, additions, or clarifications to the RFP are made by ADDENDA information available over the Internet at www.bidsyLic.com. We strongly suggest that you check for any addenda a minimum of forty-eight hours in advance of the response deadline. BUSINESSES WITHOUT INTERNET ACCESS may use computers available at most public libraries. City of Lubbock Front End Documents 00 01 11-13 City of Lubbock Canyon Lakes Sanitary Sewer Interceptor Rehabilitation — Phase 1 3.2 Any proposer in doubt as to the true meaning of any part of the specifications or other documents may request an interpretation thereof from the Director of Purchasing and Contract Management. At the request of the proposer, or in the event the Director of Purchasing and Contract Management deems the interpretation to be substantive, the interpretation will be made by written addendum issued by the Purchasing and Contract Management. Such addenda issued by the Purchasing and Contract Management Office will be available over the Internet at hqp://www.bidsync.com and will become part of the proposal package having the same binding effect as provisions of the original RFP. NO VERBAL EXPLANATIONS OR INTERPRETATIONS WILL BE BINDING. In order to have a request for interpretation considered, the request must be submitted in writing and must be received by the City of Lubbock Purchasing and Contract Management Office no later than seven (7) calendar days before the proposal closing date. 3.3 All addenda, amendments, and interpretations of this solicitation shall be in writing. The City of Lubbock shall not be legally bound by any explanation 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 RFP should be used in preparing proposal responses. All contacts that a proposer may have had before or after receipt of this RFP 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 proposal should be disregarded in preparing responses. 3.4 The City does not assume responsibility for the receipt of any addendum sent to offerors. 4 EXAMINATION OF DOCUMENTS AND REOUIREMENTS 4.1 Each proposer shall carefully examine all REP documents and thoroughly familiarize itself with all requirements before submitting a proposal to ensure that their proposal meets the intent of these specifications. 4.2 Before submitting a proposal, each proposer shall be responsible for making all investigations and examinations that are necessary to ascertain conditions and requirements affecting the requirements of this Request for Proposals. Failure to make such investigations and examinations shall not relieve the proposer from obligation to comply, in every detail, with all provisions and requirements of the Request for Proposals. 4.3 Notices of any discrepancies or omissions in these plans, specifications, or contract documents, shall be given to the Director of Purchasing and Contract Management and a clarification obtained before the proposals are received, and if no such notice is received by the Director of Purchasing and Contract Management prior to the opening of proposals, then it shall be deemed that the proposer fully understands the work to be included and has provided sufficient sums in its proposal to complete the work in accordance with these plans and specifications. If proposer does not notify the Director of Purchasing and Contract Management before offering 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 seven (7) calendar days prior to the opening of proposals. City of Lubbock Front End Documents 0001 11-14 City of Lubbock Canyon Lakes Sanitary Sewer Interceptor Rehabilitation — Phase 1 t 5 PROPOSAL PREPARATION COSTS 5.1 Issuance of this RFP does not commit the City of Lubbock, in any way, to pay any costs incurred in the preparation and submission of a proposal. 5.2 The issuance of this RFP 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 proposal shall be paid by the proposer. 6 TRADE SECRETS CONFIDENTIAL INFORMATION AND THE TEXAS PUBLIC INFORMATION ACT 6.1 If you consider any portion of your proposal to be privileged or confidential by statute or judicial decision, including trade secrets and commercial or financial information, clearly identify those portions. 6.2 Proposals will be opened in a manner that avoids disclosure of the contents to competing offerors and keeps the proposals secret during negotiations. All proposals are open for public inspection after the contract is awarded, but trade secrets and confidential information in the proposals are not open for inspection. Tex. Loc. Govt. Code 252.049(b) 6.3 Marking your entire proposal CONFIDENTIAL/PROPRIETARY is not in conformance with the Texas Open Records Act. 7 LICENSES PERMITS TAXES The price or prices for the work shall include full compensation for all taxes, permits, etc. that the proposer is or may be required to pay. 8 UTILIZATION OF LOCAL BUSINESS RESOURCES Prospective offerors are strongly encouraged to explore and implement methods for the utilization of local resources, and to outline in their proposal submittal how they would utilize local resources. 9 CONFLICT OF INTEREST 9.1 The proposer 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 proposal, the proposer certifies and represents to the City the offeror 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 proposal. 10 CONTRACT DOCUMENTS 10.1 All work covered by the contract shall be done in accordance with contract documents described in the General Conditions. 3 10.2 All offerors shall be thoroughly familiar with all of the requirements set forth on the contract documents for the construction of this project and shall be responsible for the satisfactory completion of all work contemplated by said contract documents. City of Lubbock Front End Documents 00 01 11-15 City of Lubbock Canyon Lakes Sanitary Sewer Interceptor Rehabilitation — Phase 1 11 PLANS FOR USE BY OFFERORS It is the intent of the City of Lubbock that all parties with an interest in submitting a proposal on the project covered by the contract documents be given a reasonable opportunity to examine the documents and prepare a proposal without charge. The contract documents may be examined without charge as noted in the Notice to Offerors. 12 PROPOSER INQUIRIES AND CLARIFICATION OF REQUIREMENTS 12.1 It is the intent and purpose of the City of Lubbock that this request permits competitive proposals. It shall be the offerors responsibility to advise the Director of Purchasing and Contract Management if any language, requirements, etc., or any combinations thereof, inadvertently restricts or limits the requirements stated in this RFP to a single source. Such notification must be submitted in writing and must be received by the City Purchasing and Contract Management Office no later than seven (7) calendar days before the proposal closing date. A review of such notifications will be made. 12.2 NO PROPOSER SHALL REQUEST ANY INFORMATION VERBALLY. ALL REQUESTS FOR ADDITIONAL INFORMATION OR CLARIFICATION CONCERNING THIS REQUEST FOR PROPOSALS (RFP) MUST BE SUBMITTED IN WRITING NO LATER THAN SEVEN (7) CALENDAR DAYS PRIOR TO THE PROPOSAL CLOSING DATE AND ADDRESSED TO: Teofilo Flores, Senior Buyer City of Lubbock Purchasing and Contract Management Office 1625 13`h Street, Room 204 Lubbock, Texas 79401 Fax: 806-775-2164 Email: TKFlores@mylubbock.us Bidsync: www.bidsvnc.com 13 TIME AND ORDER FOR COMPLETION 13.1 The construction covered by the contract documents shall be substantially completed within TWO HUNDRED SEVENTY (270) CONSECUTIVE CALENDAR OR WORKING DAYS J-1 from the date specified in the Notice to Proceed issued by the City of Lubbock to the successful - proposer. 13.2 The Contractor will be permitted to prosecute the work in the order of his own choosing EXCEPT AS OTHERWISE INDICATED IN SUB -PARAGRAPHS 13.2.1 through 13.2.4 THAT FOLLOW, provided, however, the City reserves the right to require the Contractor to submit a progress schedule of the work contemplated by the contract documents. In the event the City requires a progress schedule to be submitted, and it is determined by the City that the progress of the work is not in accordance with the progress schedule so submitted, the City may direct the Contractor to take such action as the City deems necessary to ensure completion of the project within the time specified. City of Lubbock Front End Documents 00 01 11-16 City of Lubbock Canyon Lakes Sanitary Sewer Interceptor Rehabilitation — Phase 1 13.2.1 All work within or adjacent to Joyland Park as well as any activity that negatively impacts vehicle or pedestrian access to Joyland Park shall be coordinated directly with David Dean as stipulated in the Construction Drawings. All efforts should be made to avoid work during peak operational hours. 13.2.2 Prior to installing improvements as proposed at Segment 15 (at the intersection of North Avenue U and Erskine Street), confirm appropriate clearance is provided from all overhead electric facilities. Relocation of poles and guy wires has been coordinated outside of this contract; however, relocation must be complete and verified as sufficient prior to any work in the area. 13.2.3 Prior to installing improvements as proposed at Segment 18 Clovis Road / Texas 289 Loop Frontage Road), confirm appropriate utility Basements are in place and fully execute d. Proposed easements are identified in Construction Drawings as proposed only and to be secured by others, F however, work shall not be permitted in this area until all such property rights are fully in place. 14 PAYMENT All payments due to Contractor shall be made in accordance with the provisions of the General Conditions of the contract documents. 15 AFFIDAVITS OF BILLS PAID t The City of Lubbock reserves the right, prior to final acceptance of this project to require the Contractor to execute an affidavit that all bills for labor, materials and incidentals incurred in the construction of the improvements contemplated by the contract documents have been paid in full and that there are no claims pending, of which the Contractor has been notified. 16 MATERIALS AND WORKMANSHIP The intent of these contract documents is that only materials and workmanship of the best quality and grade will be furnished. The fact that the specifications may fail to be sufficiently complete in some detail will not relieve the Contractor of full responsibility for providing materials of high quality and for i protecting them adequately until incorporated into the project. The presence or absence of a representative of the City on the site will not relieve the Contractor of full responsibility of complying with this provision. The specifications for materials and methods set forth in the contract documents provide minimum standards of quality, which the Owner believes necessary to procure a satisfactory i- project. 17 GUARANTEES 17.1 All equipment and materials incorporated in the project and all construction shall be guaranteed against defective materials and workmanship. Prior to final acceptance, the Contractor shall furnish to the Owner, a written general guarantee which shall provide that the Contractor shall remedy any defects in the work, and pay for any and all damages of any nature whatsoever resulting in such defects, when such defects appear within TWO years from date of final acceptance of the work as a result of defective materials or workmanship, at no cost to the Owner (City of Lubbock). 17.2 Notwithstanding any provisions contained in the contractual agreement, the Contractor represents and warrants fault -free performance and fault -free result in the processing date and date -related data (including, but not limited to calculating, comparing and sequencing) of all hardware, software and firmware products delivered and services provided under this Contract, City of Lubbock Front End Documents 0001 11-17 City of Lubbock Canyon Lakes Sanitary Sewer Interceptor Rehabilitation — Phase 1 N individually or in combination, as the case may be from the effective date of this Contract. Also, the Contractor warrants calculations will be recognized and accommodated and will not, in any way, result in hardware, software or firmware failure. The City of Lubbock, at its sole option, may require the Contractor, at any time, to demonstrate the procedures it intends to follow in order to comply with all the obligations contained herein. 17.3 The obligations contained herein apply to products and services provided by the Contractor, its sub -contractor or any third party involved in the creation or development of the products and services to be delivered to the City of Lubbock under this Contract. Failure to comply with any of the obligations contained herein, may result in the City of Lubbock availing itself of any of its rights under the law and under this Contract including, but not limited to, its right pertaining to termination or default. 17.4 The warranties contained herein are separate and discrete from any other warranties specified in this Contract, and are not subject to any disclaimer of warranty, implied or expressed, or limitation to the Contractor's liability which may be specified in this Contract, its appendices, its schedules, its annexes or any document incorporated in this Contract by reference. 18 PLANS FOR THE CONTRACTOR The contractor will, upon written request, be furnished up to a maximum of ten sets of plans and specifications and related contract documents for use during construction. Plans and specifications for use during construction will only be furnished directly to the Contractor. The Contractor shall then distribute copies of plans and specifications to suppliers, subcontractors or others, as required for proper prosecution of the work contemplated by the Contractor. 19 PROTECTION OF THE WORK The Contractor shall be responsible for the care, preservation, conservation, and protection of all materials, supplies, machinery, equipment, tools, apparatus, accessories, facilities, and all means of construction, and any and all parts of the work whether the Contractor has been paid, partially paid, or not paid for such work, until the date the City issues its certificate of completion to Contractor. The City reserves the right, after the proposals have been opened and before the contract has been awarded, to require of a proposer the following information: (a) The experience record of the proposer showing completed jobs of a similar nature to the one covered by the intended contract and all work in progress with bond amounts and percentage completed. (b) A sworn statement of the current financial condition of the proposer. 1 i (c) Equipment schedule. LA 20 TEXAS STATE SALES TAX 20.1 This contract is issued by an organization which qualifies for exemption provisions pursuant to provisions of Article 20.04 of the Texas Limited Sales, Excise and Use Tax Act. 20.2 The Contractor must obtain a limited sales, excise and use tax permit which shall enable him to buy the materials to be incorporated into the work without paying the tax at the time of purchase. City of Lubbock Front End Documents 0001 11-18 City of Lubbock I Canyon Lakes Sanitary Sewer Interceptor Rehabilitation — Phase 1 ' ' 21 PROTECTION OF SUBSURFACE LINES AND STRUCTURES It shall be the Contractor's responsibility to prosecute the work contemplated by the contract documents in such a way as to exercise due care to locate and prevent damage to all underground pipelines, utility lines, conduits or other underground structures which might or could be damaged by Contractor during the construction of the project contemplated by these contract documents. The City of Lubbock agrees that it will furnish Contractor the location of all such underground lines and utilities of which it has knowledge. However, such fact shall not relieve the Contractor of his responsibilities aforementioned. All such underground lines or structures, both known and unknown, cut or damaged by Contractor during the prosecution of the work contemplated by this contract shall be repaired immediately by Contractor to the satisfaction of the City of Lubbock, Texas, and/or the owning utility at the Contractor's expense. 22 BARRICADES AND SAFETY MEASURES The contractor shall, at his own expense, furnish and erect such barricades, fences, lights and danger signals, and shall take such other precautionary measures for the protection of persons, property and the work as may be necessary. The Contractor will be held responsible for all damage to the work due to failure of barricades, signs, and lights to protect it, and when damage is incurred, the damaged portion shall be immediately removed and replaced by Contractor at his own cost and expense. The Contractor's - responsibility for maintenance of barricades, signs, and lights shall not cease until the date of issuance to Contractor of City's certificate of acceptance of the project. j 23 EXPLOSIVES 23.1 The use of explosives will not be permitted 5 23.2 Explosive materials shall not be stored or kept at the construction site by the Contractor. 24 CONTRACTOR'S REPRESENTATIVE The successful proposer shall be required to have a responsible local representative available at all times while the work is in progress under this contract. The successful proposer 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. City of Lubbock Front End Documents 0001 11-19 City of Lubbock Canyon Lakes Sanitary Sewer Interceptor Rehabilitation — Phase 1 26 LABOR AND WORKING HOURS 26.1 Attention of each proposer 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 proposer' 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 proposer's obligations thereunder. The inclusion of the schedule of general prevailing rate of per diem wages in the contract documents does not release the Contractor from compliance with any wage law that may be applicable. Construction work under this contract requiring an inspector will not be performed on Sundays 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 Sundays 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 Sundays 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. 26.4 House Bill 2015 signed by the Governor on June 14, 2013 and effective on January 1, 2014, authorizes a penalty to be imposed on a person who contracts for certain services with a governmental entity and who fails to properly classify their workers. This applies to subcontractors as well. Contractors and subcontractors who fail to properly classify individuals performing work under a governmental contract will be penalized $200 for each individual that has been misclassified (Texas Government Code Section 2155.001). 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 9m' City of Lubbock Front End Documents 00 01 11-20 City of Lubbock Canyon Lakes Sanitary Sewer Interceptor Rehabilitation — Phase 1__ 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 Proposals submitted containing any conditions which provide for changes in the stated proposal 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 proposer without being considered. 29 PREPARATION FOR PROPOSAL 29.1 Bidder shall submit his bid on forms furnished by the City, and all blank spaces in the form shall be correctly filled in, stating the price in 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 unit price and the extended total for a bid item, the unit price will be taken. A bid that has been opened may not be changed for the purpose of correcting an error in the bid price. 29.2 If the proposal is submitted by an individual, his name must be signed by him or his duly authorized agent. If a proposal is submitted by a firm, association, or partnership, the name and address of each member must be given and the proposal signed by a member of the firm, association or partnership, or person duly authorized. If the proposal is submitted by a company or corporation, the company or corporate name and business address must be given, and the proposal signed by an official or duly authorized agent. Powers of attorney authorizing agents or others to sign proposals must be properly certified and must be in writing and submitted with the proposal. The proposal shall be executed in ink. 29.3 Each proposal shall be enclosed in a sealed envelope, addressed as specified in the Notice to M Offerors, and endorsed on the outside of the envelope in the following manner: 29.3.1 Proposer's name 29.3.2 Proposal "RFP 16-12733-TF, Canyon Lakes Sanitary Sewer Interceptor Rehabilitation Phase 1" Proposal submittals may be withdrawn and resubmitted at any time before the time set for opening of the proposals, but no proposal may be withdrawn or altered thereafter. 29.5 Pursuant to Texas Local Government Code 252.043(g), a competitive sealed proposal that has been opened may not be changed for the purpose of correcting an error in the proposal price. THEREFORE ANY CORRECTIONS TO THE PROPOSAL PRICE MUST BE MADE ON THE PROPOSAL SUBMITTAL FORM PRIOR TO PROPOSAL OPENING. 30 BOUND COPY OF CONTRACT DOCUMENTS Proposer understands and agrees that the contract to be executed by proposer shall be bound and include the following: (a) Notice to Offerors. (b) General Instructions to Offerors. r City of Lubbock Front End Documents 00 01 11-21 City of Lubbock ' Canyon Lakes Sanitary Sewer Interceptor Rehabilitation — Phase 1 s (c) Proposer's Submittal Form. (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 proposer for his inspection in accordance with the Notice to Offerors. If Plans and Specifications are too bulky or cumbersome to be physically bound, they are to be -' considered incorporated by reference into the aforementioned contract documents. 31 QUALIFICATIONS OF OFFERORS _ x The proposer 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 proposer may also be required to give a past history and references in order to satisfy the City of Lubbock about the proposer's qualifications. The City of Lubbock may make reasonable investigations deemed necessary and proper to determine the ability of the proposer to perform the work, and the proposer shall furnish to the City of Lubbock all information for this purpose that may be requested. The proposer's proposal may be deemed not to meet specifications or the proposal may be rejected if the evidence submitted by, or investigation of, the proposer fails to satisfy the City of Lubbock that the proposer is properly qualified to carry out the obligations of the contract and to complete the work described therein. Evaluation of the proposer's qualifications shall include but not be limited to: (a) The ability, capacity, skill, and financial resources to perform the work or provide the service required. b The ability of the proposer to perform the work or provide the service promptly or within the time () Y P p p p p P Y specified, without delay or interference. (c) The character, integrity, reputation, judgment, experience, and efficiency of the proposer. (d) The quality of performance of previous contracts or services. (e) The safety record of the Contractor and proposed Sub -Contractors (f) The experience and qualifications of key project personnel (g) Past experience with the Owner 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 five (5) 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 City of Lubbock Front End Documents 00 01 11-22 City of Lubbock Canyon Lakes Sanitary Sewer Interceptor Rehabilitation — Phase 1 ' supervisor(s) that will be used to perform work on this project in compliance with City of Lubbock specifications herein. 32 BASIS OF PROPOSALS AND SELECTION CRITERIA The City uses the Competitive Sealed Proposals procurement method as authorized by the Texas Legislature and further defined by Texas Local Government Code Section 271.116. The Maximum Point value is equal to 100 points. The weight factor is 60% for Price, 30% for Contractor Qualifications, 5% for Safety Record, and 5% for Construction Time. The selection criteria used to evaluate each proposal includes the following: 32.1 60% PRICE: The quality of Offerors is not judged solely by a low initial cost proposal or, conversely, eliminated solely because of a high initial cost proposal. The following is the formula used when determining price as a factor for construction contract proposals. The lowest proposal price of all the proposals becomes the standard by which all price proposals are evaluated. One at a time, each proposal is evaluated by taking the lowest proposal price and dividing it by the price of the proposal being evaluated. That fraction is then multiplied by the maximum point value multiplied by the weight of the price factor for the price score. For Example: (Lowest Price/Current Proposal Price) x Maximum Point Value x Weight Factor = Price Score. 32.2 30% CONTRACTOR QUALIFICATIONS: When evaluating a contractor's qualifications, the City uses the "Contractor's Statement of Qualifications" attached within and past experience with the contractor. The City may also interview the job superintendent at a time to be named after receipt of proposals. This criterion is subjectively evaluated and the formula is as follows: (Points X Weight = Score) with a maximum of five points allowable. Each evaluator assigns points based upon the responses the contractor provides in the "Contractor's Statement of Qualifications" And any past experience with the contractor. The "Contractor's Statement of Qualifications" is a minimum, and you may provide additional pertinent information relevant to the project for which you are submitting this proposal. 32.3 5% SAFETY RECORD QUESTIONNAIRE: This criterion is also more subjectively evaluated and the formula is as follows: (Points X Weight = Score) with a maximum of five points allowable. Each evaluator assigns points based upon the responses you provide in your "Safety Record Questionnaire" and the Contractors Experience Modification Ratio. The Contractor must submit this ratio with his bid. Contractors with an Experience Modification Ratio greater than 1 will not be considered. The City may consider any incidence involving worker safety or safety of Lubbock residents, be it related or caused by environmental, mechanical, operational, supervision or any other cause or factor under the contractor's control. Evaluators base their rating primarily upon how well you document previous offenses with the date of the offense, location where the offense occurred, type of offense, final disposition of the offense, and any penalty assessed as well as the Experience Modification Ratio. 32.4 5% CONSTRUCTION TIME: This criterion is, as with price, objective and evaluators use the following formula when determining construction time as a factor for construction contract 3 proposals. The lowest construction time proposal of all the proposals becomes the standard by City of Lubbock Front End Documents 0001 11-23 City of Lubbock ' Canyon Lakes Sanitary Sewer Interceptor Rehabilitation — Phase 1 which all the construction time proposals are evaluated. One at a time, each proposal is evaluated by taking the lowest construction time and dividing it by the construction time of the proposal being evaluated. That fraction is then multiplied by the maximum point value multiplied by the weight of the construction time factor for the construction time score. For example: (Lowest construction time/Current Proposal construction time) x Maximum Point Value x Weight Factor = Construction Time Score ;- 32.5 EVALUATION PROCESS: Evaluators independently review and score each proposal. The committee meets, during which time the Committee Chairperson totals the individual scores. If the individual scores are similar, the Chairperson averages the scores then ranks offerors accordingly. If the scores are significantly diverse, the Chairperson initiates and moderates discussion to determine the reasons for the differences and ensures that all evaluators are fully knowledgeable of all aspects of the proposals. Scores may then be adjusted by the committee based on committee discussion. Please note that offerors with higher qualifications scores could be ranked higher than offerors with slightly better price scores. 32.6 The estimated budget for the construction phase of this project is 4,500,000 32.7 Proposals shall be made using the enclosed Proposal Submittal Form. 33 SELECTION 33.1 Selection shall be based on the responsible offeror whose proposal is determined to be the most advantageous to the City of Lubbock considering the relative importance of evaluation factors included in this RFP. 33.2 NO INDIVIDUAL OF ANY USING DEPARTMENT (CITY OF LUBBOCK WATER UTILITIES OR OTHER) 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 REQUEST FOR PROPOSAL. 33.3 The City shall select the offeror that offers the best value for the City based on the published selection criteria and on its ranking evaluation. The City shall first attempt to negotiate a contract with the selected offeror. The City and its engineer or architect may discuss with the selected offeror options for a scope or time modification and any price change associated with the modification. If the City is unable to negotiate a contract with the selected offeror, the City shall, formally and in writing, end negotiations with that offeror and proceed to the next offeror in the order of the selection ranking until a contract is reached or all proposals are rejected. 33.4 In determining best value for the City, the City is not restricted to considering price alone, but may consider any other factor stated in the selection criteria. 33.5 A proposal will be subject to being considered irregular and may be rejected if it shows omissions, alterations of form, conditional alternate proposals, additions or alternates in lieu of the items specified, if the unit prices are obviously unbalanced (either in excess of or below =- reasonably expected values), or irregularities of any kind " City of Lubbock Front End Documents 0001 11-24 City of Lubbock Canyon Lakes Sanitary Sewer Interceptor Rehabilitation — Phase 1 p 34. ANTI -LOBBYING PROVISION 34.1 DURING THE PERIOD BETWEEN PROPOSAL SUBMISSION DATE AND THE CONTRACT AWARD, PROPOSERS, INCLUDING THEIR AGENTS AND REPRESENTATIVES, SHALL NOT DISCUSS OR PROMOTE THEIR PROPOSAL WITH ANY MEMBER OF THE LUBBOCK CITY COUNCIL OR CITY STAFF EXCEPT UPON THE REQUEST OF THE CITY OF LUBBOCK PURCHASING DEPARTMENT IN THE COURSE OF CITY -SPONSORED INQUIRIES, BRIEFINGS, INTERVIEWS, OR PRESENTATIONS. 34.2 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. 35 PREVAILING WAGE RATES 35.1 Offerors are required to comply with Texas Government Code, Chapter 2258, Prevailing Wage Rates, with respect to the payment of prevailing wage rates for the construction of a public work, including a building, highway, road, excavation, and repair work or other project development or improvement, paid for in whole or in part from public funds, without regard to whether the work is done under public supervision or direction. A worker is employed on a public work if the worker is employed by the contractor or any subcontractor in the execution of the contract for the project. 35.2 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. 35.3 The State of Texas has adopted the Federal Davis -Bacon wage rates for use in Texas pursuant to and in accordance with the Texas Government Code, Section 2258.022. Bidders may access the U. S. Department of Labor web site at the following web address to obtain the rates to be used in Lubbock County: http://www.wdol.gov/dba.aspx 35.4 It shall be the responsibility of the successful offeror to obtain the proper wage rates from the web site for the type of work defined in the bid specifications. 35.5 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. City of Lubbock Front End Documents 0001 11-25 City of Lubbock Canyon Lakes Sanitary Sewer Interceptor Rehabilitation — Phase 1 PaEe Intentionally Left Blank TEXAS GOVERNMENT CODE & 2269 SUBCHAPTER D. SELECTING CONTRACTOR FOR CONSTRUCTION SERVICES THROUGH COMPETITIVE SEALED PROPOSALS Sec. 2269.151. CONTRACTS FOR FACILITIES: COMPETITIVE SEALED PROPOSALS. (a) In (} this chapter, "competitive sealed proposals" is a procurement method by which a governmental entity requests proposals, ranks the offerors, negotiates as prescribed, and then contracts with a general contractor for the construction, rehabilitation, alteration, or repair of a facility. (b) In selecting a contractor through competitive sealed proposals, a governmental entity shall follow the procedures provided by this subchapter. Sec. 2269.152. USE OF ARCHITECT OR ENGINEER. The governmental entity shall select or designate an architect or engineer to prepare construction documents for the project. The selected or designated engineer or architect has full responsibility for complying with Chapter 1001 or 1051, Occupations Code, as applicable. If the engineer or architect is not a full-time employee of the governmental entity, the governmental entity shall select the engineer or architect on the basis of demonstrated competence and qualifications as provided by Section 2254.004, Government Code. Sec. 2269.153. PREPARATION OF REQUEST. The governmental entity shall prepare a request for competitive sealed proposals that includes construction documents, selection criteria and the weighted value for each criterion, estimated budget, project scope, estimated project completion date, and other information that a contractor may require to respond to the request. The governmental entity shall state in the request for proposals the selection criteria that will be used in selecting the successful offeror. { Sec. 2269.154. EVALUATION OF OFFERORS. (a) The governmental entity shall receive, publicly open, and read aloud the names of the offerors and any monetary proposals made by the offerors. (b) Not later than the 45th day after the date on which the proposals are opened, the governmental entity shall evaluate and rank each proposal submitted in relation to the published selection criteria. Sec. 2269.155. SELECTION OF OFFEROR. (a) The governmental entity shall select the offeror that submits the proposal that offers the best value for the governmental entity based on: (1) the selection criteria in the request for proposal and the weighted value for those criteria in the request for proposal; and (2) its ranking evaluation. (b) The governmental entity shall fast attempt to negotiate a contract with the selected offeror. The governmental entity and its architect or engineer may discuss with the selected offeror options for a scope or time modification and any price change associated with the modification. (c) If the governmental entity is unable to negotiate a satisfactory contract with the selected offeror, the governmental entity shall, formally and in writing, end negotiations with that offeror and proceed to the next offeror in the order of the selection ranking until a contract is reached or all proposals are rejected. In determining best value for the governmental entity, the governmental entity is not restricted to considering price alone, but may consider any other factor stated in the selection criteria. I City of Lubbock Front End Documents 0001 11-27 City of Lubbock Canyon Lakes Sanitary Sewer Interceptor Rehabilitation — Phase 1 Sec. 2269.058. USE OF OTHER PROFESSIONAL SERVICES. (a) Independently of the contractor, construction manager -at -risk, or design -build firm, the governmental entity shall provide or contract for the f construction materials engineering, testing, and inspection services and the verification testing services necessary for acceptance of the facility by the governmental entity. (b) The governmental entity shall select the services for which it contracts under this section in accordance with Section 2254.004. r Sec. 2254.004. CONTRACT FOR PROFESSIONAL SERVICES OF ARCHITECT, ENGINEER, OR �.z. SURVEYOR. (a) In procuring architectural, engineering, or land surveying services, a governmental entity shall: (1) first select the most highly qualified provider of those services on the basis of demonstrated competence and qualifications; and (2) then attempt to negotiate with that provider a contract at a fair and reasonable price. (b) If a satisfactory contract cannot be negotiated with the most highly qualified provider of architectural, engineering, or land surveying services, the entity shall: (1) formally end negotiations with that provider; (2) select the next most highly qualified provider; and (3) attempt to negotiate a contract with that provider at a fair and reasonable price. (c) The entity shall continue the process described in Subsection (b) to select and negotiate with providers until a contract is entered into. q City of Lubbock Front End Documents City of Lubbock Canyon Lakes Sanitary Sewer Interceptor Rehabilitation — Phase 1 i 00 01 11-28 ft r. PROPOSAL SUBMITTAL FORM City of Lubbock Front End Documents City of Lubbock Canyon Lakes Sanitary Sewer Interceptor Rehabilitation — Phase 1 i 0001 11-29 Pate Intentionally Left Blank City of Lubbock Front End Documents City of Lubbock Canyon Lakes Sanitary Sewer Interceptor Rehabilitation — Phase 1 00 01 11-28 1 S� i REVISED PROPOSAL SUBMITTAL FORM UNIT PRICE PROPOSAL CONTRACT DATE: March 3, 2016 PROJECT NUMBER: RFP 16-12733-TF - Canyon Lakes Sanitary Sewer Interceptor Rehabilitation Phase 1 Proposal of Utility Contractors of America, Inc. (hereinafter called Offeror) To the Honorable Mayor and City Council City of Lubbock, Texas (hereinafter called Owner) Ladies and Gentlemen: The Offeror, in compliance with your Request for Proposals for the construction of the Canyon Lakes Sanitary Sewer Interceptor Rehabilitation Phase 1, having carefully examined the plans, specifications, instructions to offerors, notice to offerors and all other related contract documents and the site of the intended work, and being familiar with all of the conditions surrounding the construction of the intended project including the availability of materials and labor, hereby intends to furnish all labor, materials, and supplies; and to construct the project in accordance with the plans, specifications and contract documents, within the time set forth therein and at the price stated below. The price to cover all expenses incurred in performing the work required under the contract documents. ITEM DESCRIPTION UNIT ESTIMATED UNIT EXTENDED NO. QUANTITY PRICE AMOUNT i Bypass Pumping and Appurtenances Setup, operate, maintain, and remove bypass pumping ]a and appurtenances as required for Segment 25 LS 1� ocoRa J mol p-' im rovements Setup, operate, maintain, and remove bypass pumping lb and appurtenances as required for Segment 28 LS 1,t�OC� 3010txD9_ im rovements 2 Furnish and Install Laterals (Including Reconnections) t Furnish and install 4-inch sanitary sewer (including 2a gravity and force main) pipellateral (including LF 9-7`0 05,511 oQ necessary removal and manhole reconnection 263 Furnish and install 8-inch sanitary sewer pipe/lateral 2¢ (including necessary removal and manhole LF 101 `9 /,7 /7 pe reconnection 17 Furnish and install 10-inch sanitary sewer pipe/lateral 2c (including necessary removal and manhole LF o0 113,22 a�Q� reconnection 20 1 Offeror's Initials: City of Lubbock Front End Documents 00 01 11-31 City of Lubbock Canyon Lakes Sanitary Sewer Interceptor Rehabilitation -- Phase 1 REVISED Furnish and install 12-inch sanitary sewer pipeflatend og 2d (including necessary removal and manhole LF 490 reconnection Furnish and install 24-inch sanitary sewer (FRP or 3 PVC) and steel casing by auger boring, including excavation and restoration of necesM boring pit(s)�. Furnish and install 24-inch sanitary sewer (FRP or� o 7%5�(,,'}8 3a PVC) and steel casing by auger boring at Joyland Park LF 157 % L�� / / 7, jSeEMent 6/ 3b Furnish and install 24-inch sanitary sewer (PVC) and LF 273 - ®o DCP oc /�/t /L)D steel casin b auger borinat Se ent 12/13/14 3c Furnish and install 24-inch sanitary sewer (FRP or LF 138 ve PVC) and steel casing by auger boring at Segment 16 3d Furnish and install 24-inch sanitary sewer (FRP or LF 320 PVC) and steel casingb au er boring at Segment 17 3e Furnish and install 24-inch sanitary sewer (FRP or LF 300 7��00 a � 15 PVC and steel casingb auger boringat Segment 18 r Furnish and install 30-inch sanitary sewer (FRP or 4 PVC) and steel casing by auger boring, including LF 225 �- 7, excavation and restoration of necessary boring pit(s) at r Segment 3 Furnish and install 24-inch sanitary sewer (FRP or o 5 PVC) by auger boring (no steel casing) including LF 225?d°~ r'r��''�"` excavation and restoration of necessary boring pit(s) at Segment 15 Furnish and install 30-inch sanitary sewer (FRP or 6 PVC) by auger boring (no steel casing) including LF 138 7,9D o � 3 excavation and restoration of necessary boring pit(s) at ' Segment 4 7 Furnish and install 24-inch sanitary sewer (FRP or PVC) and steel casing by open cut (all depths), LF 50 l„ac5°Q, including excavation, casing spacers, and trench safety 8 Furnish and install 24-inch sanitary sewer (FRP or PVC) by open cut (all depths), including excavation LF I 3,062 and trench safety Furnish and install 30-inch sanitary sewer (FRP or oo as 9 PVC) by open cut (all depths), including excavation LF 492 375 /$L, and trench safety Furnish and install transition coupling to connect 10 proposed sanitary sewer pipe to existing VCT sanitary EA 3 �� � a1/,OOD°� sewer 24-inch or 30-inch) Furnish and install 12-inch sanitary sewer (PVC) and 11 steel casing by open cut (all depths), including LF 18 5, qDCr excavation, casing spacers, and trench 14fety 12 Furnish and install I8-inch sanitary sewer (PVC) by open cut (all depths), including excavation and trench LF 187 j%j�� Inn (p / �9 safe at Segment 18 r City of Lubbock Front End Documents City of Lubbock Canyon Lakes Sanitary Sewer Interceptor Rehabilitation - Phase 1 Offeror's Initials: -19. 00 01 11-32 �1- Furnish and install 18-inch sanitary sewer (PVC) and 13 steel casing by auger boring, including excavation of LF 553 eaO G ° 3�, boring pits, casing spacers, and trench safety at Segment 18 Furnish and install new 48-inch diameter fiberglass 14 manhole, including necessary excavation and EA 5no /0 connection(s) and reconnection(s) to proposed and/or existing sanitary sewer Remove (all depths) existing manhole and replace with 15 new 484nch diameter fiberglass manhole, including necessary excavation and connection(s) and EA 2 In reconnection(s) to proposed and/or existing sanitary sewer 16 Furnish and install 48-inch diameter fiberglass VF 73 �700 1 7 J�oo manhole at extra depth(beyand 6 vertical feet Furnish and install new 60-inch diameter fiberglass 17 manhole, including necessary excavation and EA 21 J�-�d_0 connection(s) and reconnection(s) to proposed and/or existing sani sewer Remove (all depths) existing manhole and replace with 18 new 60-inch diameter fiberglass manhole, including necessary excavation and connection(s) and EA 10 JJ� n J� reconnection(s) to proposed and/or existing sanitary ` sewer 19 Furnish and install 60-inch diameter fiberglass VF 260 ao n ad `71, v(� manhole at extra depth (beyond 6 vertical feet Furnish and install new 84-inch diameter fiberglass 20 manhole (all depths), including necessary excavation EA 1 as and connection(s) and reconnection(s) to proposed and/or existing sani sewer Furnish and install 48-inch diameter fiberglass manhole rehabilitation insert, including all necessary o 21 temporary sanitary sewer bypass, plug, or diversion, EA 3 /�,L �� 57, OCE) surface preparation, debris removal, annular space grouting, and connection(s) and reconnection(s) to proposed and/or existing sanitary sewer 22 Furnish and install 48-inch diameter fiberglass manhole rehabilitation insert at extra depth (beyond 6 VF 20 �n1 vertical feet Construct new storm sewer junction box, including 23 excavation, trench safety, dewatering, necessary EA 1 temporary storm sewer bypass, plug, or diversion divers 24 Furnish and install new sanitary sewer cleanout EA 1 ('— Complete sanitary sewer point repair by open cut Ain 25 construction (all depths), including removal of existing EA 3 pipe, sediment, debris, and contaminated soils 26 Furnish and install grout fill of abandoned sanitary CY 1,000 sewer, all depths and pipe diameters City of Lubbock Front End Documents City of Lubbock Canyon Lakes Sanitary Sewer interceptor Rehabilitation — Phase 1 OFferoes initials: IL 00 01 11-33 P' REVISED 27 Remove and dispose of existing sanitary sewer {all LF 650 ��� �� depths, pipe materials, and pipe diameters , 28 Remove and dispose of municipal solid waste and/or CY 30 `� Z // construction a with/ i trench all de the Lta, Perform site restoration by sodding of all areas 29 disturbed during construction where existing irrigation SY 3,000 systems are in lace Preform site restoration by hydromulch seeding of all disturbed during existing SY 26,200 5 — NO50 areas construction where irrigation systems are not in place Erosion and Sedimentation Controls, including design, 31 permitting, equipment, materials, and other LS I components necessary to setup, maintain, and remove tempotempoLag controls Traffic control, including design, permitting, 00 32 equipment, materials, temporary paving, flagmen, and LS IQ�%'� other components necessary to setup, maintain, and remove tempotempoTa controls 33 Mobilization LS I 400 m r- Total Amount Bid ©t.� C�iSID Alternates o � —UgLn Furnish and install new 48-inch diameter polymer manhole, includingnecessaryexcavation and c� oa existing sani sewer Remove (all depths) existing manhole and replace with new 48-inch diameter polymer manhole, including oa o0 reconnection(s) to proposed and/or existing sanitary sewer at extra depth (bEyondvertical feet) Furnish and install new 604nch diameter polymer manhole includine necessaryc tans o propose and/or , existing sani sewer Remove (all depths) existing manhole and replace with new 60-inch diameter polymer manhole, including ao mom reconnection(s) to proposed and/or existing sanitary mono sewer Furnish and install 60-inch diameter Dolvmer manhole ad o0 Furnish and install new 84-inch diameter polymer oa connections and reconnection(s) to proposed and/or City of Lubbock Front End Documents City of Lubbock Canyon Lakes Sanitary Sewer Interceptor Rehabilitation — Phase 1 00 01 11-34 Offeroes initials: REVISED existing sanitary sewer Furnish and install 48-inch diameter polymer manhole rehabilitation insert, including all necessary temporary oD preparation, debris removal, annular space grouting, and connection(s) and reconnection(s) to proposed and/or existing sanitary sewer 3 f Furnish and install 48-inch diameter polymer manhole oa feet Offeror's initials City of Lubbock Front End Documents 00 01 11-35 lj City of Lubbock Canyon Lakes Sanitary Sewer Interceptor Rehabilitation — Phase 1 PROPOSED CONSTRUCTION TIME: 1. Contractors proposed CONTRUCTION TIME for completion: TOTAL CALENDAR DAYS: Substantial Completion TOTAL CALENDAR DAYS: —Q�30 Final Completion Offeror 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 270 CALENDAR DAYS thereafter as stipulated in the specifications and other contract documents. Offeror hereby further agrees to pay to Owner as liquidated damages the sum of S1,000 for each consecutive calendar day in excess of the time set forth herein above for substantial completion of this project, all as more fully set forth in the general conditions of the contract documents. l _ Offeror hereby agrees to commence the work on the above project on a date to be specified in a written "Notice to i Proceed" of the Owner and to finally complete the project within 330 CALENDAR DAYS thereafter as stipulated in the I specifications and other contract documents. Offeror hereby further agrees to pay to Owner as liquidated damages the Ij sum of $300 for each consecutive calendar day in excess of the time set forth herein above for final completion of this project, all as more fully set forth in the general conditions of the contract documents. Offeror understands and agrees that this proposal submittal shall be completed and submitted in accordance with instruction number 29 of the General Instructions to Offerors. Offeror understands that the Owner reserves the right to reject any or all proposals and to waive any formality in the proposing. The Offeror agrees that this proposal shall be good for a period of sixty (60) calendar days after the scheduled closing time for receiving proposals. The undersigned Offeror 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 proposal, and he further agrees to commence work on the date specified in the written notice to proceed, and to substantially complete the work on which he has proposed; as provided in the contract documents. Offerors 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 proposal 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 proposal submitted as a guarantee that offeror will enter into a contract, obtain all required insurance policies, and execute all necessary bonds (if required) within ten (10) days after notice of award of the contract to him, City of Lubbock Front End Documents City of Lubbock Canyon Lakes Sanitary Sewer Interceptor Rehabilitation — Phase I kOfferor's Initials 00 01 11-36 H €r= Enclosed with this proposal is a Cashier's Check or Certified Check Enclosed with this proposal is a Cashier's Check or Certified Check for Dollars (S ) or a Proposal Bond in the sum of Five Percent Dollars (S 5% ), which it is agreed shall be collected and retained by the Owner as liquidated damages in the event the proposal 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 proposal; otherwise, said check or bond shalt be returned to the undersigned upon demand. Offeror understands and agrees that the contract to be executed by Offeror shall be bound and include all contract documents made available to him for his inspection in accordance with the Notice to Offerors. Pursuant to Texas Local Government Code 252,043(g), a competitive sealed proposal that has been opened may not be changed for the purpose of correcting an error in the proposal price. THEREFORE, ANY CORRECTIONS TO THE PROPOSAL PRICE MUST BE MADE ON THE PROPOSAL SUBMITTAL FORM PRIOR TO PROPOSAL OPENING. (Seal if Offeror is a Corporation) ATTEST: �-_ Secretary Offeror acknowledges receipt of the following addenda: Addenda No. 1 Date 2126116 Addenda No. Addenda No. Date Addenda No. Date Date: March 3 2016 Aut or' a ignature T Lane (Printed or Typed Name) Utilitv Contractors of America, I Company 5805 CR 7700 Address Lubbock Lubbock City, County TX 79424 State Zip Code Telephone: 806 - 863-2642 Fax: 806 - 8634132 Email: tqucatexas.com FEDERAL TAX ID or SOCIAL SECURITY No. 75-2214193 NIMBE Firm: In Black American Native AmericED His anic American Asian Pacific American ©ther { eeif FOR CITY USE ONLY Bid Form Item Numbers) Awarded to Above Named Firm/individual: Date of Award by City Council (for bids over $50,000): Date P.O.rContract Issued: RETURN COMPLETED & SIGNED BID FORM ALONG WITH CITY OF LUBBOCK SPECIFICATIONS. LABEL THE OUTSIDE OF YOUR SEALED BID WITH THERFP NUMBER, THE CLOSING DATE AND TIME, AND YOUR COMPANY NAME AND ADDRESS. { City of Lubbock Front End Documents 00 01 11-37 City of Lubbock Canyon Lakes Sanitary Sewer Interceptor Rehabilitation — Phase 1 Liberty Mutual. t�) SURETY ;t Bid Bond Document A31 OTM - 2010 Conforms with The American Institute of Architects AIA Document 310 CONTRACTOR: SURETY: (Name, legal status and address) (A'ame, legal status and principal place of business) UTILITY CONTRACTORS OF AMERICA, Liberty Mutual Insurance Company INC. 175 Berkeley Street 5905 CR 7700 Boston, MA 02116 LUBBOCK, TEXAS 79424 OWNER: (Name, legal status and address) CITY OF LUBBOCK 1625 13th ST„ ROOM 204 LUBBOCK, TEXAS 79401 Mailing Address for Notices Liberty Mutual Insurance Company Attention; Surety Claims Department 1001 4th Avenue, Suite 1700 Seattle, WA 98154 This document has Important legal consequences, Consultation with an attorney Is encouraged with respect to Its completion or modification. Any singular reference to Contractor, Surety, Owner or other party shall be considered plural where applicable. BOND AMOUNT: FIVE PERCENT OF THE GREATEST AMOUNT BID-------------- ------ PROJECT: (Name, location or address, and Project number, if any) CANYON LAKES SANITARY SEWER INTERCEPTOR REHABILITATION - PHASE 1 RFP 16-12733-TF w The Contractor and Surety are bound to the Owner in the amount set forth above, for the payment of which the Contractor and Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, as provided herein. The conditions of this Bond are such that if the Owner accepts the bid of the Contractor within the time specified in the bid documents, or within such time period as may be agreed to by the Owner and Contractor, and the Contractor either (1) enters into a contract with the Owner in accordance with the terms of such bid, and gives such bond or bonds as may be specified in the bidding or Contract Documents, with a surety admitted in the jurisdiction of the Project and otherwise acceptable to the Owner, for the faithful performance of such Contract and for the prompt payment of labor and material furnished in the prosecution thereof; or (2) pays to the Owner the difference, not to exceed the amount of this Bond, between the amount specified in said bid and such larger amount for which the Owner may in good faith contract with another party to perform the work covered by said bid, then this obligation shall be null and void, otherwise to remain in full force and effect. The Surety hereby waives any notice of an agreement between the Owner and Contractor to extend the time in which the Owner may accept the bid. Waiver of notice by the Surety shall not apply to any extension exceeding sixty (60) days in the aggregate beyond the time for acceptance of bids specified in the bid documents, and the Owner and Contractor shall obtain the Surety's consent for an extension beyond sixty (60) days. If this Bond is issued in connection with a subcontractor's bid to a Contractor, the term Contractor in this Bond shall be deemed to be Subcontractor and the term Owner shall be deemed to be Contractor. When this Bond has been furnished to comply with a statutory or other legal requirement in the location of the Project, any provision in this Bond conflicting with said statutory or legal requirement shall be deemed deleted herefrom and provisions conforming to such statutory or other legal requirement shall be deemed incorporated herein. When so furnished, the intent is that this Bond shall be construed as a statutory bond and not as a common law bond. Signed and scaled this 3rd day of MARCH 2016 'ILI (ff itness MAU HILL P)i LMS.10054 6810 1 11 THIS POWER OF ATTORNEY IS NOT VALID UNLESS IT IS PRINTED ON RED BACKGROUND. This Power of Altomey limits the acts of these named herein, and they have no authority to bind the Company except in the manner and to the extent herein stated. Certificate No, 71269M f t American Fire and Casualty Company Liberty Mutual Insurance Company The Ohio Casualty Insurance Company West American Insurance Company KNOWN ALL PERSONS BY THESE PRESENTS: That American Fire & Casualty Company and The Ohio Casualty Insurance Company are corporations duty organized under the laws of the State of New Hampshire, that Liberty Mutual Insurance Company is a corporation duly organized under the laws of the State of Massachusetts, and West American Insurance Company is a corporation duly organized under the laws of the State of Indiana (herein collectively called the'Companiesl, pursuant to and by authority herein set forth, does hereby name, constitute and appoint, Howard Cowan: Marta Hill all of the city of Lubbock , state of TX each Individually if there be more than one named, its true and lawful attorney -in -fad to make, execute, seal, acknowledge and deliver, for and on its behalf as surety and as its ad and deed, any and all undertakings, bonds, recognizances and other surety obligations, in pursuance of these presents and shall be as binding upon the Companies as If they have been duly signed by the president and attested by the secretary of the Companies in their own proper persons, IN WITNESS WHEREOF, this Power of Attorney has been subscribed by an authorized officer or official of the Companies and the corporate seals of the Companies have been affixed thereto this loth day of September 2015 y o CASL� J*ySV itasV� aP4 tNstrq�� 4ytr�St p� American Fire and Casualty Company V f� �� WAR The Ohio Casualty Insurance Company N o Liberty Mutual Insurance Company c 1906 0 g 1919 0 1912 1991 r ., ; West titan Itlsuranre Company �� e s }� � r 1 t # a t By: STATE OF PENNSYLVANIA ss David M Caro , Assistant Secretary r. COUNTY OF MONTGOMERY c On this 30th day of September, at5 , before me personally appeared David M. Carey, who acknowiedged himself to be the Assistant Secretary of American Fire and v 1.. Casualty Company, Liberty Mutual Insurance Company, The Ohio Casualty insurance Company, and West American Insurance Company, and that he, as such, being authorized so to do, aU) execute the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer, a) c IN WITNESS WHEREOF, i have hereunto subscribed m name and affixed my notarial seal at Plymouth Meeting, Pennsylvania, on the day and year rust above written, L E Uanby COMMONWEALTH 8F PENNSYLVANIA M Notarial SealTeresa Pastalls, Notary Public By O Plymouth rwp., Montgomery County Teresa Pastella, Notary PublicMy Commission Expires March 28.2e17 Member. Pennsylvania Atso,00on of Notaries 0 E This Power of Attorney is made and executed purrity of the following Bylaws and Authorizations of American Fire and Casualty Company, The Ohio Casualty Insurance ul 0 Company, Liberty Mutual Insurance Company, and West American Insurance Company which resolutions are now In fug force and effect reading as follows: 0 ARTICLE N— OFFICERS — Section 12. Power of Attorney. Any officer or other official of the Corporation authorized to that purpose in writing by the Chairman orthe President, and subject O C to such limitation as the Chairman or the President may prescribe, shall appoint such adomeys-in-fact, as may be necessary to act in behalf of the Corporation to make, execute, seal, 4% 0 acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Such attorneys-Infad, subject to the limitations set forth in their respective powers of attorney, shall have full.power to bind the Corporation by their signature and execution of any such instruments and to attach thereto the seal of the Corporation. When so '� executed, such instrumems shall be as binding as if signed by the President and attested to by the Secretary. Any power or authority granted to any representative or aflomayln-fact under > Ute provisions of [his article may be revoked at any time by the Board, Una Chairman, the President or by the officer or officers granting such power or authority. d N ARTICLE XAI — Execution of Contracts — SECTION 5. Surety Bonds and Undertakings. Any officer of the Company authorized for that purpose in writing by the chairman or the president E oQ and subject to such limitations as the chairman or the president may prescribe, shall appoint such attomeys•io-fad, as may be necessary to act in behalf of the Company to make, execute, ally seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Such attomeys4n•fald subject to the limitations set forth in their oQ respective powers of attorney, shall have full power to bind the Company by their signature and execution of any such instruments and to attach thereto the seal of the Company. When so v o executed such Instruments shall be as binding as if signed by the president and attested by the secretary. h r Certificate of Designation — The President of the Company, acting pursuant to the Bylaws of the Company, authorizes David M. Carey, Assistant Secretary to appoint such adomeys-in- fact as may be necessary to act on behalf of the Company to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recogrtizances and other surety obligations. Authorization — By unanimous consent of the Company's Board of Directors, the Company consents [hat facsimile or mechanically reproduced signature of any assistant secretary of the Company, wherever appearing upon a certified copy of any pourer of attomey issued by the Company in connection with surety bonds, shall be valid and binding upon the Company with the same force and effect as though manually affixed. I, Gregory W. Davenport, the undersigned, Assistant Secretary, of American Fie and Casualty Company, The Ohio Casualty Insurance Company, Liberty Mutual insurance Company, and West American Insurance Company do hereby certify that the original pacer of attorney of which the foregoing is a full, true and correct copy of the Power of Attorney executed by said Companies, is In full force and effect and has not been revoked. IN TESTIMONY WHEREOF, i have hereunto set my hand and affixed the seals of said Companies this 3RD day of MARCH 2d 5 AtkO CASO. `'(Y IN5{�p «Gql` yJ�pw'rMt �`Yyrm � Js' fir` '`P, r4��`� C� '.aL' .."'.1.-.-..•------► 6 1906 0 0 1919 0 > 1912 t~ 1991 3: By: _- i Gregory W. Davenport, Assistant Secretary • f m i' 50 of 200 Page Intentionally Left Blank CONTRACTORS STATEMENT OF QUALIFICATIONS Individual contractors and joint ventures submitting a bid must complete the following evaluation information for the Project. Joint ventures shall be composed of not more than two firms and each firm must complete separate evaluations. Evaluation information must be submitted at time of bid submittal. Failure to submit the following Bidder Evaluation information may result in the OWNER considering the bid non -responsive and result in rejection of the bid by the OWNER. Bidders are to provide any additional information requested by the OWNER. In evaluating a firm's qualifications, the following major factors will be considered: A. FINANCIAL CAPABILITY: For this project, the CONTRACTOR'S financial capability to undertake the project will be determined by the CONTRACTOR'S ability to secure bonding satisfactory to the OWNER. B. EXPERIENCE: Do the organization and key personnel have appropriate technical experience on similar projects? C. SAFETY: Does the organization stress and support safety as an important function of the work process? D. QUALITY OF WORK: (1) Does the organization have a commitment to quality in every facet of their work - the process as well as the product? (2) Does the organization have a written quality philosophy and/or principles that exemplifies their work? If so, submit as Attachment "A". (3) Has this organization ever received an award or been recognized for doing "quality" work on a project? If so, give details under Attachment "A". E. CONFORMANCE TO CONTRACT DOCUMENTS: (1) Does the organization have a commitment and philosophy to construct projects as designed and as defined in the Contract Documents? The OWNER reserves the right to waive irregularities in determining the firm's qualifications and reserves the right to require the submission of additional information. The qualifications of a firm shall not deprive the OWNER of the right to accept a bid, which in its judgement is the lowest and best bid, to reject any and all bids, to waive irregularities in the bids, or to reject nonconforming, non- responsive, or conditional bids. In addition, the OWNER reserves the right to reject any bid where circumstances and developments have in the opinion of the OWNER changed the qualifications or responsibility of the firm. Material misstatements on the qualifications forms may be grounds for rejection of the firm's bid on this project. Any such misstatement, if discovered after award of the contract to such firm, may be grounds for immediate termination of the contract. Additionally, the firm will be liable to the OWNER for any additional costs or damages to the OWNER resulting from such misstatements, including costs and attorney's fees for collecting such costs and damages. Complete the following information for your organization: City of Lubbock Front End Documents 0001 11-38 ° City of Lubbock Canyon Lakes Sanitary Sewer Interceptor Rehabilitation — Phase 1 Contractor's General Information Organization Doing Business As Utility Contractors of America, Inc. 5805 CR 7700 Business Address of Principle Office Lubbock, Texas 79424 Telephone Numbers Main Number 806-863-2642 Fax Number 806-863-4132 Web Site Address www.ucatexas.com Form of Business (Check One) X A Corporation A Partnership An Individual e t o - 1, Date of Incorporation November 1, 1987 State of Incorporation Texas Chief Executive Officer's Name Britt Lane President's Name Ty Lane Nice President's Name(s) rage Number of Current Full Chris Balios Troy Lane 44 Average Estimate of Revenue for the current Year I-_ I Contractors Organizational Experience Organization Doing Business As Utility Contractors of America, Inc. 5805 CR 7700 Business Address of Regional Office Lubbock, TX 79424 Name of Regional Office Manager Ty Lane Telephone Numbers Main Number 806-863-2642 Fax Number 806-863-4132 Web Site Address www.ucatexas.com List of names that this organization currently, has or anticipates operating under over the history of the organization, including the names of related companies doing business: Names of Organization From Date To Date List of companies, firms or organizations that own any part of the organization. Name of companies, firms or organization Percent Ownership Years experience in projects similar to the proposed project: As a General Contractor 1 28 JAs a Joint Venture Partner Has this or a predecessor organization ever defaulted on a project or failed to complete any work awarded to it? No If yes provide full details in a separate attachment. See attachment No. Has this or a predecessor organization been released from a bid or proposal in the past ten years? No If yes provide full details in a separate attachment. See attachment No. Has this or a predecessor organization ever been disqualification as a bidder or proposer by any local, state, or federal agencey within the last five years? No if yes provide full details in a separate attachment. See attachment No. Is this organization or your proposed surety currently in any litigation or contemplating litigation? No if yes provide full details in a separate attachment. See attachment No. Has this or a predecessor organization ever refused to construct or refused to provide materials defined in the contract documents? No If yes provide full details in a separate attachment. See attachment No. Contractor's Proposed Key Personnel Organization Doing Business As Utility Contractors of America, Inc. Provide a brief description of the managerial structure of the organization and illustrate with an organizational chart. Include the title and names of key personnel. Include this chart as an attachment to this description. See Attachment No. 1 Ty Lane is the President, Marty Hamm, Troy Lane and Chris Balios are Vice Presidents and at times act as Project Managers as well as Superintendents. Jonathan Ziegner is the Project Manager on major projects. Superintendents are Leo Garcia, Gilbert Prieto, Bo Rodriguez, Jr, Steve Levitt and Josh Lane and they answer ultimately to Ty Lane and then to the Vice Presidents. Provide a brief description of the managerial structure proposed for this project and illustrate with an organizational chart. Include the title and names of key personnel. Include this chart as an attachment to this description. Gilbert Prieto is to be the Project Superintendent. Jonathan Ziegner is to be the acting Project Manager, Safety Officer. and Quality Control Manager. 9F Provide information on the Key Personnel proposed for this project that will provide the following key functions. Provide information for candidates for each of these positions on the pages for each of these Key Personnel. Also provide biographical information for each primary and alternate candidate as an attachment. The biographical information must include the following as a minimum: technical experience, managerial experience, education and formal training, work history which describes project experience, including the roles and responsibilities for each assignment, and primary language. Additional information highlighting experience which makes them the best candidate for the assignment should also be included. Role Primary Candidate Project Manager Jonathan Ziegner Project Superintendent Gilbert Prieto Project Safety Officer Jonathan Ziegner Quality Control Manager Jonathan Ziegner If Key personnel are to fulfill more than one of the roles listed above, provide a written narrative describing how much time will be devoted to each function, their qualifications to fulfill each role and the percentage of time that will be devoted to each role. If the individual is not to be devoted solely to this project, indicate how much time it to be divided between this project and their other assignments. Proposed Project Manager Name Wood Franklin Name John Turpin Title/Position Public Works Director Title/Position Engineer Organization City of Lubbock Organization City of Lubbock Telephone 806-775-2343 Telephone 8067752342 E-mail wfranklin@mylubbock.us E-mail Jturpin@mail.ci.lubbock.tx.us Project All City of Lubbock Projects Project South Lubbock Sanitary Sewer Candidate role on Proiect Candidate role on Proiect 5uoervisor Name of Individual Marty Hamm Years of Experience as Superintendent 27 Years of Experience with this Organization 27 Number of similar projects as Superintendent Number of similar projects in other positions Current Project Assignments Percent of Time Used for this Estimated Project Name of Assignment I Proiect Completion Date Name Wood Franklin Name John Turpin Title/Position Public Works Director Title/Position Engineer Organization City of Lubbock Organization City of Lubbock Telephone 806-775-2343 Telephone 8067752342 E-mail wfranklinOfflylubbock.us E-mail Jturpint-mail.ci.lubbock.tx.us Proiect All Citv of Lubbock Proiects IProiect Candidate role on I (Candidate role on Name Wood Franklin Name John Turpin Title/Position Public Works Director Title/Position Engineer Organization City of Lubbock Organization City of Lubbock Telephone 806-775-2343 Telephone 8067752342 E-mail wfranklin mvlubbock.us E-mail Jturpin@ma€l.ci�lubbock.tx.us Project All City of Lubbock Projects t2ject South Lubbock Sanitary Sewer Candidate role on Project Candidate role on Project Supervisor Name Wood Franklin Name John Turpin Title/Position Public Works Director Title/Positron Engineer Organization City of Lubbock Organization City of Lubbock Telephone 806-775-2343 Telephone 8067752342 E-mail wfranklin@)mylubbock.us E-mail Jturpin@mail.ci.lubbock.tx.us Project All City of Lubbock Projects I Project Candidate role on I (Candidate role on Proposed Project Quality Control Manager Contractors Project Experience and Resources i0reanization Doine Business As Utility Contractors of America, Inc. Provide a list of Major Projects that are currently Underway, or have been completed within the last five years. See Attachment Provide a completed project information torm for projects that have been completed in the last five years which specifically illustrate the organizations capability to provide best value to the Owner for this project. See Attachment Include a completed project information form for projects which illustrate the experience of the proposed key personnel. See Attachment Provide a description of your organizations approach to completing this project to provide best value for the Owner. Including a description of your approach in the following areas: 1. Contract administration 2. Management of subcontractor and suppliers 3. Time management 4. Cost control 5. Quality management 6. Project site safety 7. Managing changes to the project 8. Managing equipment 9. Meeting HUB / MWBE Participation Goal Provide a list of major equipment proposed on this project. Attach additional information if necessary Equipment Item Primary Use on Project Own Will Buy Lease 330 Excavator (2) Pipe Installation x 95OG Loader (2) Embedment x 420 Rubber tire backhoe (1) Site Maintenance x 14G Maintainer Site Maintenance x 349 Excavator (2) Pipe Installation x What work will the oreanization complete using its own resources? ITrench ing/Backfilling, Pipe and Manhole Installation What work does the organization propose to subcontract on this project? (Tunneling, Paving, Striping, Traffic Control, SW3P, Surveying Contractor's Subcontractors and Vendors Organization Doing Business As IUtility Contractors of America, Inc. Provide a list of subcontractors that will provide more than 10 percent of the work {based on contract Name Work to be Provided I Est. Percent of Contract I NUB/MWBE firm I Provide information on the proposed key personnel, project experience and description of past relationship and work experience for each subcontractor listed above using the Project information Forms Provide a list of major equipment proposed for use on this project. Attach additional information if necessary Furnish IFurnishand NUB / MWBE Vendor Name Euuipment/ Material Provided I only linstall I Firm u Current Major Projects Attachment A Project Owner City of Lubbock JProject Name Traffic Engineering Trenching and Boring Services General Description of Project: Project Cost $12,161,566.00 Estimated Completion Date November 2017 Key Project Personnel Project Manager Superintendent Safety Officer Quality Control Ty Lane Marty Hamm Chris Ballos Chris Balios Reference Contact Information (listing names indicates approval to contacting the named individuals as a reference) Name Title/Position Telephone Email Owner Rudy Garza (806) 775-2174 RBGarza@mail.ci.lubbock.tx.us Designer Construction Manager Project Owner City of Lubbock lProject Name South Lubbock Sanitary Sewer Extension - Phase 2 General Description of Project: Project Cost $12,482,611.80 lEstimated Completion Date April 2016 Key Project Personnel Project Manager Superintendent Safety Officer Quality Control Jonathan Ziegner Chris Balios Jonathan Ziegner Jonathan Ziegner Reference Contact Information (listing names indicates approval to contacting the named individuals as a reference) Name Title/Position Telephone Email Owner Zoltan Fekete (806) 775-3317 ZFekete mail.ci.iubbock.tx.us Designer Construction Manager Aaron Rader Engineer (817) 335-6511 aaron,rader@kimley-horn.com Project Owner City of Lubbock Project Name 2" Water Line Change Out General Description of Project: Project Cost $1,528,625.00 JEstimated Completion Date Key Project Personnel Project Manager Superintendent Safety Officer Quality Control Jonathan Ziegner Chris Balios Jonathan Ziegner Jonathan Zlegner Reference Contact Information (listing names indicates approval to contacting the named individuals as a reference) Name Title/Position Telephone Email Owner Josh Flud (806) 775.3161 JFludt mvlubbock.us Designer Construction Manager Project Owner City of Lubbock Project Name Pump Station Intake Meter General Description of Project: Project Cost $640,425.00 Estimated Completion Date November 2016 Key Project Personnel Project Manager Superintendent Safety Officer Quality Control Jonathan Ziegner Chris Balios Jonathan Ziegner Jonathan Ziegner Reference Contact Information (listing names indicates approval to contacting the named individuals as a reference) Name Title/Position Telephone Email Owner John Turpin (806) 775-2342 JTuroinjRmail.c1.iubbock.tx.us Designer Construction Manager Brian Beach Freese & Nichols (210) 837-2476 brbfreese.com Project Owner City of Lubbock Project Name Construction of Downtown Duct System, Phase 3 General Description of Project: Project Cost $4,299,237.80 lEstimated Completion Date 160 days from Notice to Proceed Key Project Personnel Project Manager Superintendent Safety Officer Quality Control Jonathan Ziegner Chris Balios Jonathan Ziegner Jonathan Ziegner Reference Contact Information (listing names indicates approval to contacting the named individuals as a reference) Name Title/Position Telephone Email Owner Designer Construction Manager Major Projects completed within the last 10 Years Project Owner TXDOT JProject Name Marsha Sharp Freeway General Description of Project: 24" & 30" steel cylinder water lines Project Cost $3,767,944.32 Date Project Completed 10/1/2007 Key Project Personnel Project Manager Project Safety Officer Quality Control Ty Lane Marty Hamm Taylor Condit Chris Ballos Reference Contact Information (listing names indicates approval to contacting the names individuals as a reference) Name Title/Position Telephone Email Owner Brian Wilson Engineer (806) 748-4496 Designer Construction Manager Rob Comey Engineer (806) 771.7283 Project Owner City of Lubbock, Texas I Project Name Raliport Industrial Improvements General Description of Project: 9505 LF of 8" and 16" Waterline; 6133 LF of 6" and 10" Sewerline Project Cost $1,255,983.00 JDate Project Completed 3/7%2008 Key Project Personnel Project Manager Project Safety Officer Quality Control Ty Lane Cody Hamm Cody Hamm Chris Balios Reference Contact Information (listing names indicates approval to contacting the names individuals as a reference) Name Title/Position Telephone Email Owner Wood Franklin Public Works Director (806) 775-2343 wfranklin@mylubbock.us Designer Brian Stephens Engineer (806) 473-2200 bstephens@team-psc.com Construction Manager Mark Carpenter Inspector (806) 473-2200 Project Owner City of Lubbock, Texas I Project Name South Central Drainage Improvements General Description of Project: 29990 LF of 24" to 72" Cast In Place Storm Sewer up to 50' in depth Project Cost $5,811,646.00 1 Date Project Completed 9/30/2008 Key Project Personnel Project Manager Project Safety Officer Quality Control Ty Lane Leo Garcia Taylor Condit Chris Balios Reference Contact Information (listing names indicates approval to contacting the names individuals as a reference) Name Title/Position Telephone Email Owner Mike Keenum City Engineer (806) 775-2393 mkeenumOmvlubbock.us Designer Paul Mcmillan Engineer (806) 473-2200 pmcmillan@team-psc.com Construction Manager Don McClenan Inspector (806) 473-2200 dmcclenan@team-psc.com Project Owner City of Lubbock, Texas JProject Name 98th Street Roadway & Drainage Improvements Genera! Description of Project: Project Cost $3,885,233.58 Date Project Completed 10/1/2008 Key Project Personnel Project Manager Project Safety Officer Quality Control Ty Lane Lorenzo Vasquez Taylor Condit Chris Balios Reference Contact Information (listing names indicates approval to contacting the names individuals as a reference) Name Title/Position Telephone Email Owner Wood Franklin Public Works Director (806) 775-2343 wfranklin@mylubbock.us Designer Gary Dawson Engineer (806) 775-2343 Rdawson@mylubbock.us Construction Manager Rod Pederson Inspector (806) 928-6561 Project Owner Lubbock Economic Development Alliance I Project Name Lubbock Business Park - Phase 1A and 2A General Description of Project: 881 LF 6" Waterline; 136'8" Waterline; 3575 LF of 10" Waterline;10162 LF 12" Waterline and 5698 LF of 12" Sewerline Project Cost $5,808,790.17 1 Date project Completed 1/8/2009 Key Project Personnel Project Manager Project Safety Officer Quality Control Ty Lane Leo Garcia Taylor Condit Chris Balios Reference Contact Information (listing names indicates approval to contacting the names individuals as a reference) Name Title/Position Telephone Email Owner LEDA (806) 749-4500 Designer Mark Haberer Engineer (806) 473-2200 mhaberer@team-psc.com Construction Manager Mark Carpenter Inspector (806) 777-0160 Project Owner City of Lubbock, Texas I Project Name South Lubbock Drainage Project General Description of Project: 46210 LF of 24"-54" Storm Sewer,10,958 LF 24"-54" Bore. Depths 5'-25' Project Cost $30,704,058.50 JDate Project Completed 6/1/2009 Key Project Personnel Project Manager Project Safety Officer Quality Control Ty Lane Leo Garcia Taylor Condit Chris Balios Reference Contact Information (listing names indicates approval to contacting the names individuals as a reference) Name Title/Position Telephone Email Owner Marsha Reed Engineer (806) 775-2335 mreed@mail.ci.lubbock.us Designer Paul McMillan Engineer (806) 743-2200 pmcmiiian@team-psc.com Construction Manager Don McCienan Inspector (806) 781.8480 dmccienan@team-psc.com Project Owner City of Lubbock, Texas 113roject Name Pump Station No.15 General Description of Project: 23380' 16" Waterline; 1665' 24" Steel Casing in Bore and Pump Station Improvements Project Cost $1,985,321.00 1 Date Project Completed 1/15/2010 Key Project Personnel Project Manager Project Safety Officer Quality Control Ty Lane Cody Hamm Chad Pabody Chris Balios Reference Contact Information (listing names indicates approval to contacting the names individuals as a reference) Name Title/Position Telephone Email Owner Darlene Doss Buyer (806) 775-2168 ddoss,@mylubbock.us Designer Brian Stephens Engineer (806) 473-2200 bstephens@team-psc.com Construction Manager Mark Carpenter Inspector (806) 777-0160 Project Owner Lubbock Economic Development Alliance JProject Name Lubbock Business Park - Phase lb General Description of Project: 2410' -10", 3280' -12", 2315'-20" Waterline and 4156' -12" Sewerline Project Cost $1,004,550.48 1 Date Project Completed 3/1/2010 Key Project Personnel Project Manager Project Safety Officer Quality Control Ty Lane Lorenzo Vasquez Chad Pabody Chris Balios Reference Contact Information (listing names indicates approval to contacting the names individuals as a reference) Name Title/Position Telephone Email Owner Designer Brian Stephens Engineer (806) 473-2200 bstephens@team-psc.com Construction Manager Rick Humphries Project Manager (806) 745-7498 rhumphries@allenbutler.net Project Owner City of Lubbock, Texas I Project Name 34th Street Waterline Replacement General Description of Project: 500' - 6", 1000'- 8", 100'-1011, 4800'-12",18500'-16" and 6200'- 24" Waterline Project Cost $5,228,109.47 Date Project Completed 5/2/2010 Key Project Personnel Project Manager Project Ty Lane Leo Garcia Safety Officer Quality Control Chad Pabody Chris Balios Reference Contact Information (listing names indicates approval to contacting the names individuals as a reference) Name Title/Position Telephone Email Owner Designer Wood Franklin Public Works Director (806) 775-2343 John Mader Engineer (512) 912-5188 wfranklin@mylubbock.us john.marier@hdrinc.com Project Owner City of Post, Texas Project Name Post/Cedar Hills Water System Improvements General Description of Project: Installation of 27,000 LF 6" HDPE Waterline by boring and Pump station Improvements Project Cost $1,042,387.70 1 Date Project Completed 3/15/2011 Key Project Personnel Project Manager Project Safety Officer Quality Control Chad Pabody Troy Lane Chad Pabody Chris Balios Reference Contact Information (listing names indicates approval to contacting the names individuals as a reference) Name Title/position Telephone Email Owner Arbie Taylor City Manager (806) 495-2811 ataylor@,postearza.net Designer Dwight Brandt Engineer (806) 681-8631 DLBrandt@brandtengineers.com Construction Manager Oscar Ostos RPR (806) 681-8631 OscarO@brandtengineers.com Project Owner City of Wolfforth, Texas Project Name Wolfforth Sewer Expansion General Description of Project: Project Cost $1,115,465.00 Date Project Completed 4/29/2011 Key Project Personnel Project Manager Project Safety Officer Quality Control Ty Lane Leo Garcia Chris Balios Reference Contact Information (listing names indicates approval to contacting the names individuals as a reference) Name Title/Position Telephone Email Owner Doug Hutchison Inspector (806) 885-4120 Designer Construction Manager Michael Adams Project Manager (806) 791-2300 michael.adams@ojdengineering.com Project Owner Lubbock Cooper ISD I Project Name Cooper Middle School General Description of Project: 3575 LF 8" Waterline; 2930 LF 10" Sewerline; Liftstation Project Cost $502,090.00 1 Date Project Completed 7/27/2011 Key Project Personnel Project Manager Project Safety Officer Quality Control Ty Lane Lorenzo Vasquez Chris Balios Chris Balios Reference Contact Information (listing names indicates approval to contacting the names individuals as a reference) Name Title/Position Telephone Email Owner Marsha Reed Engineer (806) 775-2335 mreede! aii.ci.lubbock.tx.us Designer Gary Dawson Engineer (806) 743-2201 gdawson@team-psc.com Construction Manager Micheal Haverdink Project Manager (806) 745-9450 michael@sandiaconst.com Project Owner City of Lubbock, Texas Project Name Indiana Paving Improvements General Description of Project: Installation of 6017 LF 10" & 15" Sewerline, 6958 LF 12" Waterline, 11 Manholes, 72" Steel Casing Project Cost $1,330,284.88 Date Project Completed 7/29/2011 Key Project Personnel Project Manager Project Safety Officer Quality Control Ty Lane Lorenzo Vasquez Chris Balios Chris Balios Reference Contact Information (listing names indicates approval to contacting the names individuals as a reference) Name Title/Position Telephone Email Owner Wood Franklin Public Works Director (806) 775-2343 wfranklinl2mylubbock.us Designer Leslie Bruce Engineer Construction Manager Rick Humphries Project Manager (806) 745-7498 rhumphries@allenbutler.net Project Owner City of Denver City Project Name Denver City Well Field Improvements General Description of Project: installation of 16" water line and Pump station Imp. Project Cost $488,974.50 1 Date Project Completed 8/31/2011 Key Project Personnel Project Manager Project Safety Officer Quality Control Ty Lane Leo Garcia Chris Balios Chris Balios Reference Contact Information (listing names indicates approval to contacting the names individuals as a reference) Name Title/Position Telephone Email Owner Designer Construction Manager James Tompkins (432) 523-2181 JamesT@wtcengineering.com Project Owner City of Lubbock, Texas JProject Name Quaker Ave Reconstruction from 114th to FM 1585 General Description of Project: Installation of water, sewer, & storm sewer lines Project Cost $675,267.76 Date Project Completed 9/31/11 Key Project Personnel Project Manager Project Safety Officer Quality Control Ty Lane Marty Hamm Chris Balios Chris Balios Reference Contact Information (listing names indicates approval to contacting the names individuals as a reference) Name Title/Position Telephone Email Owner Designer Construction Manager Ryan Duininck Project Manager (817) 491-0946 RCDuininck@dbitx.com s Project Owner City of Plainview, Texas I Project Name Plainview Water Reconstruction General Description of Project: Installation of 12", 10", 8"1, 6", 4" water lines Project Cost $1,550,258.75 Date Project Completed December 2011 Key Project Personnel Project Manager Project Safety Officer Quality Control Ty Lane Chris Balios Chris Balios Chris Balios Reference Contact Information (listing names indicates approval to contacting the names individuals as a reference) Name Title/Position Telephone Email Owner Mike Gilliland Engineer (806) 296-1150 meilliland2ci.pialnv1ew.tx.us Designer Construction Manager Brandon Autry Engineer (806) 771-5976 bautry@amdeng.com Project Owner City of Levelland I Project Name Lee St. Water System Improvements General Description of Project: Installation of 14" HDPE water line; Pump Station Improvements Project Cost $761,015.00 1 Date Project Completed April 2012 Key Project Personnel Project Manager Project Safety Officer Quality Control Ty Lane Chris Balios Chris Balios Chris Balios Reference Contact Information (listing names indicates approval to contacting the names individuals as a reference) Name Title/Position Telephone Email Owner Designer Construction Manager Leonard Nail Engineer (806) 473-2200 Inail@team-psc.com Project Owner City of Lubbock JProject Name Lubbock Downtown Redevelopment General Description of Project: Project Cost $2,058,474.04 Date Project Completed December 2012 Key Project Personnel Project Manager Superintendent Safety Officer Quality Control Ty Lane Troy Lane Chris Balios Chris Balios Reference Contact Information (listing names indicates approval to contacting the names individuals as a reference) Name Title/Position Telephone Email Owner Mike Keenum City Engineer (806) 775.2393 mkeenum@myiubbock.us Designer Construction Manager Joseph Van Deventer Engineer (806) 795-6827 JVangeventer@SGSEng.com Project Owner DCOS JProject Name Industrial Park General Description of Project: Water & Sanitary Sewer Infastructure Project Cost $1,468,648.15 IDate Project Completed January 2013 Key Project Personnel Project Manager Superintendent Safety Officer Quality Control Ty Lane Marty Hamm Chris Balios Chris Balios Reference Contact Information (listing names indicates approval to contacting the names individuals as a reference) Name Title/Position Telephone Email Owner Designer Construction Manager George Villarreal Engineer (806) 473-3563 GVillarreal@team-psc.com Project Owner City of Levelland lProject Name 2012 Water System Improvements General Description of Project: Replace 2" Cast Iron with 6" & 8" PVC Project Cost $250,810.00 JDate Project Completed February 2013 Key Project Personnel Project Manager Superintendent Safety Officer Quality Control Ty Lane Steve Levitt Chris Balios Chris Balios Reference Contact Information (listing names indicates approval to contacting the named individuals as a reference) Name Title/Position Telephone Email Owner Erik Rejino (806) 894-0113 ereiino@levellandtexas.orrt Designer Construction Manager Kristi Laverty Engineer (806) 473-3634 klavertvglteam-Psc com Project Owner City of Lubbock JProject Name Reconstruction & Widening of Frankford Ave (98th to 114th) General Description of Project: Remove & Relocate water & sewer infastructure for new road Project Cost $287,978.50 Date Project Completed July 2013 Key Project Personnel Project Manager Superintendent Safety Officer Quality Control Ty Lane Marty Hamm Chris Balios Chris Balios Reference Contact Information (listing names indicates approval to contacting the named individuals as a reference) Name Title/Position Telephone Email Owner John Turpin Engineer (806) 775-2393 JTurpin@ma0.ci,lubbock.tx.us Designer Construction Manager Rick Humphries Project Manager (806) 745a7498 rhumohries@allenbutler.com Project Owner Costco Project Name Costco Warehouse, Lubbock General Description of Project: Water & Sanitary Sewer Infastructure Project Cost $936,831.00 Date Project Completed October 2013 Key Project Personnel Project Manager Superintendent Safety Officer Quality Control Ty Lane Chris Balios Chris Balios Chris Balios Reference Contact Information (listing names indicates approval to contacting the names individuals as a reference) Name Tide/Position Telephone Email Owner Designer Construction Manager Jerry Pollock Project Manager (425) 531-1077 ierryp@iacksondean.com Project Owner City of Lubbock I Project Name Milwaukee Ave Paving improvements General Description of Project: Remove & Relocate water & sewer infastructure for new road Project Cost $2,827,952.27 JDate Project Completed January 2014 Key Project Personnel Project Manager Superintendent Safety Officer Quality Control Ty Lane Marty Hamm Chris Balios Chris Balios Reference Contact Information (listing names indicates approval to contacting the named individuals as a reference) Name Title/Position Telephone Email Owner Mike Keenum City Engineer (806) 775.2393 Mkeen,pm almall.ciJubbock.mus Designer Construction Manager Rick Humphries Project Manager (806) 745-7498 rhumohries@allenbutler.com Project Owner City of Lubbock I Project Name Slide Road Water Line Extension General Description of Project: Extend Water Line on Slide Rd from 98th St to FM 1585 Project Cost $701,S10.00 I Date Project Completed May 2014 Key Project Personnel Project Manager Superintendent Safety Officer Quality Control Ty Lane Chris Balios Chris Balios Chris Balios Reference Contact Information (listing names indicates approval to contacting the names individuals as a reference) Name Title/Position Telephone Email Owner Mike Keenum City Engineer (806) 775-2393 Mkeenum@mail.ci.lubbock.tx.us Designer Construction Manager Paul McMillian Engineer (806) 473-2200 PMcmilleni2team-psc.com Project Owner City of Lubbock JProject Name East Erskine Street 12" Water tine Extension General Description of Project: Project Cost $301,628.00 jDate Project Completed February 2015 Key Project Personnel Project Manager Superintendent Safety Officer Quality Control Ty Lane Marty Hamm Chris Balios Chris Balios Reference Contact Information (listing names indicates approval to contacting the named individuals as a reference) Name Title/Position Telephone Email Owner Josh Kristinek Engineer (806) 775-3397 JKristinek@malf.ci.lubbock.tx.us Designer Construction Manager Project Owner City of Lubbock Project Name Northwest Lubbock Drainage Improvements General Description of Project: Storm Sewer Infrastructure (10 x 10 Boxes) Project Cost $3S,979,888.70 Date Project Completed March 2015 Key Project Personnel Project Manager Superintendent Safety Officer Quality Control Ty Lane Troy Lane Chris Balios Chris Balios Reference Contact Information (listing names indicates approval to contacting the names individuals as a reference) Name Title/Position Telephone Email Owner Mike Keenum City Engineer (806) 775-2393 Mkeenum{a►maii.ci.lubbgcck.tx,us Designer Construction Manager Paul McMillian Engineer (806) 473.2200 PMcmillen@team-asc.com Project Owner City of Lubbock lProject Name Buffalo Lake Water Line Replacement General Description of Project: Project Cost $154,215.10 Date Project Completed April 2015 Key Project Personnel Project Manager Superintendent Safety Officer Quality Control Ty Lane Marty Hamm Chris Balios Chris Balios Reference Contact Information (listing names indicates approval to contacting the named individuals as a reference) Name Title/Position Telephone Email Owner John Turpin Engineer (806) 775-2342 JturpinC7a mail.cl.lubbock.tx.us Designer Construction Manager Project Owner City of Lubbock Project Name Northwest Water Reclamation Plant General Description of Project: Project Cost $1,245,847.30 Date Project Completed July 2015 Key Project Personnel Project Manager Superintendent Safety Officer Quality Control Ty Lane Chris Balios Chris Balios Chris Balios Reference Contact Information (listing names indicates approval to contacting the named individuals as a reference) Name Title/Position Telephone Email Owner John Turpin Engineer (806) 775-2342 Jturpin@maii.ci.lubbock.tx.us Designer Construction Manager Project Owner City of Lubbock I Project Name South Lubbock Sanitary Sewer Extension - Phase 1 General Description of Project: Project Cost $20,545,010.74 Date Project Completed November 2015 Key Project Personnel Project Manager Superintendent Safety Officer Quality Control Ty Lane Chris Balios Chris Balios Chris Balios Reference Contact Information (listing names indicates approval to contacting the named individuals as a reference) Name Title/Position Telephone Email Owner Zoltan Fekete (806) 775-3317 ZFekete Rmail.ci.lubbock.tx.us Designer Construction Manager Aaron Rader Engineer (817) 335-6511 aaron,rader@kimiey-horn.com L Project Owner City of Brownfield Project Name Water & Sewer Extension General Description of Project: Project Cost $1,279,031.00 JDate Project Completed November 2015 Key Project Personnel Project Manager Superintendent Safety Officer Quality Control Jonathan Zlegner Chris Balios Jonathan Zlegner Jonathan Zlegner Reference Contact Information (listing names indicates approval to contacting the named individuals as a reference) Name Title/Position Telephone Email Owner Designer Construction Manager Alex Kingston Engineer (806) 473-2200 Akineston@team-psc.com v Project information Sheet Current Project Information Sheet Current Project Owner I City of Lubbock Project Name South Lubbock Sanitary Sewer Extension - Phase 2 General Description of Project Installation of 23,800' Fiberglass Sewer Pipe, ranging in size from 12" — 48" and depths from 0' — 25+' Budget History Schedule Performance Amount % of Bid Amount Date Days Bid $ 11,921,273.80 Notice to Proceed 6/15/2015 Change Orders Contract Substantial Completion Date at Notice to Proceed April 2016 Owner Enhancements $ 561,338.00 4.71% Contract Final Completion Date at Notice to Proceed April 2016 Unforeseen Conditions Change Order Authorized Substantial Completion Date Design Issues Change Order Authorized Final Completion Date Total $ 561,338.00 4.71% Actual / Estimated Substantial Completion Date April 2016 Final Cost $ 12,482,611.80 JActual / Estimated Final Completion Project Manager Date Project Sup Safety Officer April 2016 Quality Manager Name Jonathan Ziegner Chris Balios Jonathan Ziegner Jonathan Ziegner Percentage of Time Devoted to the Project Proposed for this Project Did individual Complete the Project? If not, who started or completed the project in their place. Reason for Change ! a ! ! o! a Name ♦ s o a Title/position Organization Telephone Email Owner Zoltan Fekete Engineer City of Lubbock, Texas (806) 775-3317 ZFeketetalmail.ci.lubbock.tx.us Designer Construction Manager I Aaron Rader Engineer Kimley Horn Associates (817) 335-6511 aaron.rader@kimiey-horn.com Surety I resolved I 0 Howard Cowan issues Attorney $0.00 Liberty Mutual Number of issues Pending I (806) 722-2663 Olin Resolved issues $0.00 Project Information Sheet Current ;':�.�.�: r-----Y r.� �----w �:.r--�� �----- r-•---�. r--�--�. r�--^^p r"`----�-----'}J t....-..fit r.--�1 a Project information Sheet Current Project Owner City of Lubbock Project Name Pump Station Intake Meter General Description of Project Budget History Schedule Performance Amount % of Bid Amount Date Days Bid $ 640,425.00 Nance to Proceed Change Orders Contract Substantial Completion Date at Notice to Proceed Owner Enhancements Contract Final Completion Date at Notice to Proceed Unforeseen Conditions Change Order Authorized Substantial Completion Date Design Issues Change Order Authorized Final Completion Date Total $ - 0.00% Actual / Estimated Substantial Completion Date Final Cost $ 640,425.00 Actual / Estimated Final Completion Date Project Manager Project Sup Safe Officer Nov 2016 Quality Manager 7Name Jonathan Ziegner Chris Balios Jonathan Ziegner Jonathan Ziegner Devoted to the Project Proposed for this Project Did individual Complete the Project? If not, who started or completed the project in their place. Reason for Change s • • a •e • Name • Title/position Organization Telephone Email Owner John Turpin City of Lubbock, Texas (806) 775-2342 J1 urpin{cmaiE.ti.lubback.tx.us Designer Construction Manager Brian Beach Freese & Nichols (210) 837-2476 J brb@freese.com Surety resolved 0 Howard Cowan issues Attorney Liberty Mutual Number of issues Pending I (806) 722-2663 Olin Resolved issues $0.00 $0.001 Project Information Sheet Current Project Information Sheet Completed Project Owner City Of Lubbock, Texas Project Name Marsha Sharp Freeway General Description of Project This Project consisted of 27,154 LF of 24" to 60" Cast -In -Place Pipe and Steel Cylindar Unes with inlets and Junction Boxes ranging in depth from 6' to 24' Budget History Schedule Performance Amount %of Bid Amount Date Days Bid $ 3,451,540.15 Notice to Proceed 7/5/2005 840 Change Orders Contract Substantial Completion Date at Notice to Proceed Owner Enhancements $ 316,404.17 9.17% Contract Final Completion Date at Notice to Proceed Unforeseen Conditions Change Order Authorized Substantial Completion Date Design Issues Change Order Authorized Final Completion Date Total $ 316,404.17 9.17% Actual % Estimated Substantial Completion Date Final Cost •.MEMMEMEM $ 3,767,944.32 Actual / Estimated Final Completion Date Project Sup Safety Officer 10/1/2007 806 Quality Manager Project Manager Name Ty Lane Marty Hamm Taylor Condit Chris Balios Percentage of Time Devoted to the Project 50% 100% 50% 30% Proposed for this Project Ty Lane Marty Hamm Taylor Condit Chris Balios Did individual Complete the Project? Yes Yes Yes Yes If not, who started or completed the project in their place. Reason for Change • • a • .e• • Name • • e e Title/position Organization Telephone Email Owner Brian Wilson Engineer TxDot (806) 748-4496 Designer Engineer PBQ&D inc. Construction Manager David Ockerman Inspector City of Lubbock (806) 548-4152 Surety ® • • • um er Or ues resolved 4 Howard Cowan • • e • 1 • • • lotal Amountinvolved in Ke501VeC1 issues Attorney e e ®IMME $316,404.00 SafeCo : e e Number of issues Pending (425) 376-6535 11otalarriountinvolved 0 in Resolved issues $316,404.00 � F_� -.,—. p..e......,..,,m.. �7 R ....._ 1..., .,� _ ,....-..ewe t,..,..._....... ._ �. J Project Information Sheet Completed Project Owner City of Lubbock, Texas Project Name Railport Industrial Improvements General Description of Project The Project consisted of 1680 LF of 8" Waterline; 7825 LF of 16" Waterline; 4123 LF 6" Seweriine; and 2010 LF of 10" Sewerline. rudget History Schedule Performance Amount % o BEd Amount Date Days Bid $ 1,214,548.00 Notice to Proceed 8/1/2007 240 Change Orders Contract Substantial Completion Date at Notice to Proceed Owner Enhancements $ 41,435.00 3.41% Contract Final Completion Date at Notice to Proceed Unforeseen Conditions Change Order Authorized Substantial Completion Date Design Issues Change Order Authorized Final Completion Date Total $ 41,435.00 3.41% Actual / Estimated Substantial Completion Date Final Cost $ 1,255,983.00 Actual / Estimated Final Completion Date Project Manager Project Sup Safety Officer 3/7/2008 217 Quality Manager Name Ty Lane Cody Hamm T Condit/Cody Hamm Chris Balios Percentage of Time Devoted to the Project 40% 100% 100% 40% Proposed for this Project Ty Lane Cody Hamm Taylor Condit Chris Balios Did individual Complete the Project? Yes Yes Yes Yes If not, who started or completed the project in their place. Reason for Change Name Title/position Organization Telephone Email Owner Wood Franklin klic Works Direct City of Lubbock (806) 775-2343 wfrankiintDmviubbock.us Designer Brian Stephens Engineer Parkhill,Smlth & Cooper (806) 473-2199 bsteohens(cateam-psc.com Construction Manager Mark Carpenter Inspector Parkhlll,Smith & Cooper (806) 473-2200 mcarpenter@team-psc.com Surety um era u resolved 6 Howard Cowan o al Amount involved n eso v issues Attorney $41,435,00 Safeco Number of Issues Pending (425) 376-6535 o a amountinvolved 0 in Resolved issues $41,435,00 Project information Sheet Completed Project Owner I City of Lubbock, Texas 1project Name F South Central Lubbock Drainage Project Genera! Description of Project'. This Project Consisted of 29,990 LF of 24" to 72" Cast in Place Storm Sewer Ranging in Depths up to 50 feet. • e f e e Budget History Schedule Performance Amount % of Bid Amount Date Days Bid $ 5,811,646.00 Notice to Proceed 2/25/2007 590 Change Orders Contract Substantial Completion Date at Notice to Proceed Owner Enhancements Contract Final Completion Date at Notice to Proceed Unforeseen Conditions Change Order Authorized Substantial Completion Date Change Order Authorized Final Completion Date $ - 0.00% Actual / Estimated Substantial Completion Date "Cost$ 5,811,646.00 Actual / Estimated Final Com Project Manager letion Date Project Sup Safety Officer 1 9/30/2008 575 Quality Manager Name Ty Lane/Troy Lane Leo Garcia Taylor Condit Chris Balios Percentage of Time Devoted to the Project 30% 100% 40% 60% Proposed for this Project Ty Lane Leo Garcia Taylor Condit Chris Balios Did individual Complete the Project? Yes Yes Yes Yes If not, who started or completed the project in their place. Reason for Change e ! e 4 0 6 • t e f Name Title/position Organization Telephone Email Owner Mike Keenum City Engineer City of Lubbock (806) 775-2393 rnkeenum60mW1 ci,lubbock-mus Designer Paul Mcmillan Engineer Parkhill,Smith&Cooper (806) 775-2393 m mil an m- m Construction Manager Don McClenan Inspector Parkhill,Smith&Cooper (806) 773-2200 dmccienan@team-psc.com Surety p e e + MUMUer Or issues resol I 0 Howard Cowan e + e e ► f e 161:51 AMOUREinvolveo in Resolveo issues Attorney + e® $0.00 Safeco a .e e Number of issues.Pendingi (425) 376-6535 Iotai a ount involved Olin Resolved issues $0.00 Project Information Sheet Project Owner I City of Lubbock, Texas JProject Name 98th Street Roadway & Drainage improvements General Description of Proiect The Project Consisted of 6972 LF of 24" to 36" Open Cut Storm Sewer with Curb inlet; 6540 LF of 6" to 16" Water Pipe ranging in depth form V-25'. a e SEEM aEMEM Budget History Schedule Performance Amount % of Bid Amount Date Days Bid $ 3,790,134.00 Notice to Proceed 4/25/2006 Change Orders Contract Substantial Completion Date at Notice to Proceed 480 Owner Enhancements $ 95,099.58 2.51% Contract Final Completion Date at Notice to Proceed 250 Unforeseen Conditions Change Order Authorized Substantial Completion Date Design Issues Change Order Authorized Final Completion Date Total $ 95,099.58 1 2.51% Actual / Estimated Substantial Completion Date 5/5/2008 730 Final Cost $ 3,885,233.58 Actual / Estimated Final Completion Date Project Manager Project Sup Safety Officer 10/1/2008 Quality Manager Name Ty Lane Cody Hamm Cody Hamm Chris Balios Percentage of Time Devoted to the Project 50% 100% 100% 50% Proposed for this Project Ty Lane Cody Hamm Cody Hamm Chris Balios Did individual Complete the Project? Yes Yes Yes Yes If not, who started or completed the project in their place. Reason for Change f f 6 8 e e 6 Name e e e Title/position Organization Telephone Email Owner Wood Franklin iblic Works Direct City of Lubbock (806) 775-2343 wfrankiin@MyJ1ubbock.us Designer Gary Dawson Engineer City of Lubbock (806) 775.2343 gdowson@mvlubbock.ps Construction Manager Ron Pederson Inspector Parkhill,Smith&Cooper (806) 928-6561 Surety b ♦ e e um er o is ueI resolved 4 Howard Cowan e e a e a UP Amount involveo in me. ve issues Attorney a s s i $95,099.58 Safeco • S e o Number of issues Pending (425) 376-6535 amount mvo ve 0 in Resolved issues $108,421.50 Project Information Sheet Completed Project Owner I Lubbock Economic Development Alliance 1project Name Lubbock Business Park - Phase 1A and 2A General Description of Project The Project consisted of 881 LF 6" Waterline; 136' 8" Waterline; 3575 LF of 10" Waterline;10162 LF 12" Waterline and 5698 LF of 12" Sewerline. a ra ^a m Budget History Sched7Performance Amount % of Bid Amount Date Days Bid $ 4,844,662.00 Notice to Proceed 9/1/2007 700 Change Orders Contract Substantial Completion Date at Notice to Proceed Owner Enhancements $ 964,128.17 19,90% Contract Final Completion Date at Notice to Proceed 2j3j2008 120 Unforeseen Conditions Change Order Authorized Substantial Completion Date Design issues Change Order Authorized Final Completion Date Total $ 964,128.17 19.90% Actual j Estimated Substantial Completion Date Final Cost $ 5,808,790.17 Actual j Estimated Final Completion Date Project Sup Safety Officer 1/8/20091 818 Quality Manager Project Manager Name Ty Lane Lorenzo Vasquez Taylor Condit Chris Balios Percentage of Time Devoted to the Project 30% 100% 30% 30% Proposed for this Project Ty Lane Lorenzo Vasquez Taylor Condit Chris Balios Did individual Complete the Project? Yes Yes Yes Yes If not, who started or completed the project in their place. Reason for Change Name Title/position Organization Telephone Email Owner LEDA (806) 749-4500 Designer Mark Haberer Engineer Parkhiii,Smith&Cooper (806) 473-2200 mhaberer(Mteam-asc.Com Construction Manager Mark Carpenter Inspector City of Lubbock (806) 777-0160 Surety 0• a •e um era issues resolved 5 Howard Cowan m • e ♦ e s un involved mResolveda issues Attorney e e! $964,128.17 Safeco a .m. m Number of issues Pending (425) 376-6535 amoun mvo v 0 in Resolved issues "$964,128.17 Project Information Sheet Completed Project Owner I City of Lubbock, Texas Project Name South Lubbock Drainage Project General Description of Project The Project consisted of 30,410 Lf of 54" Open Cut Storm Sewer pipe; 2826 LF of 42" Open Cut Storm Sewer; 8058 LF of 36" Open Cut Storm Sewer;1354 LF Open Cut Storm Sewer; 3562 LF Open Cut storm Sewer. 6425 LF 54" Bored Storm Sewer; 702 LF 42" Bored Sorm Sewer; 2202 LF 36" Bored Storm Sewer; 380 LF 30" Bored Storm Sewer; and 1541 LF 24" Bored Storm Sewer. • • e i Budget History Schedule Performance Amount $ % of Bid Amount Date Days Bid $ 25,699,455.50 Notice to Proceed 10/27/2005 Change orders Contract Substantial Completion Date at Notice to Proceed Owner Enhancements $ 5,004,603.00 19,47% Contract Final Completion Date at Notice to Proceed 10/27/2009 1440 Unforeseen Conditions Change Order Authorized Substantial Completion Date Design Issues Change Order Authorized Final Completion Date Total $ 5,004,603.00 19.47% Actual / Estimated Substantial Completion Date 5/1/2009 1262 Final Cost $ 30,704,058.50 Actual / Estimated Final Completion Date 6/1/20091 1292 Project Manager Project Sup Safety Officer Quality Manager Name Ty Lane Chris Balios Taylor Condit Marty Hamm Percentage of Time Devoted to the Project 60% 60% 60% 40% Proposed for this Project Ty Lane Chris Balios Taylor Condit Marty Hamm Did individual Complete the Project? Yes Yes Yes Yes If not, who started or completed the project in their place. Reason for Change • e • e e e • Name • e Title/position Organization Telephone Email Owner Mike Keenum City Engineer City of Lubbock, Texas (806) 775-2393 Mkeenumimrnail.ci,lubbock.tx.us Designer Paul McMillen Engineer Parkhill,Smith &Cooper (806) 473.2200 Dmcmillen@team-psc.com Construction Manager Don McClenan Inspector Parkhiil,Smith & Cooper (806) 473-2200 dmclenan@team-psc.com Surety C e • umra Howard Cowan Attorney e rnoun ► v ve in es ve TUissues $5,004,603.00 Safeco Number of issues Pending (425) 376-6535 o mown mvo vresolved Olin Resolved issues $500,463.00 ('^"1 ��' � �C,.�. � ,^i..r�.��� 7 ~~� 3 . 1 J ,l r.-^'�_: .------'� ^i.^..•.,�..a r'�-•-.^'1„! r"""'^'�_ !� ^'�-^� 11 Project Information Sheet Completed Project Owner I City of Lubbock, Texas 1project Name 16 Inch Supply Line to Pump Station 15 General Description of Project This project Consisted of 23,380 LF of 16" Waterline running through Lubbock Airport to Pump Station No.15. dget History r Schedule Performance Amount %o Bid Amount Date Days Bid $ 985,321.00 Notice to Proceed 6/29/2009 Change Orders Contract Substantial Completion Date at Notice to Proceed 180 Owner Enhancements Contract Final Completion Date at Notice to Proceed Unforeseen Conditions Change Order Authorized Substantial Completion Date Design Issues Change Order Authorized Final Completion Date Total $ - 0.00% Actual / Estimated Substantial Completion Date 12/24/2009 178 Final Cost • 6 , , $ 985,321.00 Actual / Estimated Final Completion Date 1/15/2010 224 Project Manager Project Sup Safety Officer Quality Manager Name Ty Lane Cody Hamm Taylor Condit Chris Balios Percentage of Time Devoted to the Project 100% 30% 30% Proposed for this Project Ty Lane Cody Hamm Taylor Condit Chris Balios Did individual Complete the Project? Yes Yes No Yes If not, who started or completed the project in their place. Troy Lane Reason for Change ® 9 11 0 . f A 4 Name • 6 0 . Title/position Organization Resignation Telephone Email Owner Darleen Doss Buyer City of Lubbock (806) 775-2168 ddo1a0mylubbock-us Designer Brian Stephens Engineer Parkhiil,Smith&Cooper (806) 473-2200 bsteohens@teem-osc.com Construction Manager I Mark Carpenter inspector City of Lubbock (806) 777-0160 Surety Number of issues resolved 0 Howard Cowan I otal Amountinvolved in Reslived issues Attorney $0.00 Safeco Number of issues Pending (425) 376-6535 I otal amount inv ve Olin Resolved issues $0.00 Project Information Sheet Completed Project Owner Lubbock Economic Development Alliance Project Name Lubbock Business Park - Phase SB General Description of Project Installation of 2410' -10", 3280' -12", 2315'-20" Waterline and 4156' -12" Sewerline Budget History Schedule Performance Amount % of Bid Amount Date Days Bid $ 979,059.20 Notice to Proceed 6/15/2009 Change Orders Contract Substantial Completion Date at Notice to Proceed Owner Enhancements $ 25,491.28 2.60% Contract Final Completion Date at Notice to Proceed Unforeseen Conditions Change Order Authorized Substantial Completion Date Design Issues Change Order Authorized Final Completion Date Total $ 25,491.28 2.60% Actual / Estimated Substantial Completion Date Final Cost $ 1,004,550.48 ° a s Actual / Estimated Final Completion Project Manager Date Project Sup Safety Officer 3/1/2010 Quality Manager Name Ty Lane Lorenzo Vasquez Chad Pabody Chris Balios Percentage of Time Devoted to the Project 100% 100% 100% 100% Proposed for this Project Yes Yes Yes Yes Did individual Complete the Project? If not, who started or completed the project in their place. Reason for Change Name Title/position Organization Telephone Email Owner Designer Brian Stephens Engineer Parkhill,5mith&Cooper (806) 473-2200 bstenhens atteam-nsc.com Construction Manager Jason Hetler Allen Butler Construction (806) 745-7498 Jason@allenbutier.net Surety C ♦ ♦ s rqumuer or issues resolved 4 Howard Cowan s ♦ ♦ ! ♦ I Amountinvolved in Resolved issues Attorney c o ® $25,491.28 Liberty Mutual ♦ : e Number of issues Pendingl (806) 722-2663 I otal amount i vo ve in Resolved issues — r---1; r---•r----� r'.-"-1% ,"==r1« r----�-�_f r�--,:'-��--�.. --- }.: ---r�. r=--^•:� ^`--!s-^---�� r---�-'--^--'}.a ,--�--A;., Project Information Sheet Completed Project Owner I City of Lubbock, Texas JProject Name 34th Street Waterline Replacement Project General Description of Project This Project Constists the removal and replacement of 500 LF 6" Waterline; 1000 LF of 8" Waterline; 100' 10" Waterline; 4800 LF of 12" Waterline; 18500' 16' Waterline and 6200" of 24" Waterline and Relocating Steel Cylindar Lines. s e^ s e s Budget History Schedule Performance Amount % of Bid Amount Date Days Bid $ 4,977,034.30 Notice to Proceed 9/25/2008 Change Orders Contract Substantial Completion Date at Notice to Proceed Owner Enhancements $ 251,075.17 5.04% Contract Final Completion Date at Notice to Proceed Unforeseen Conditions Change Order Authorized Substantial Completion Date Design Issues lChange Order Authorized Final Completion Date Total $ 251,075.17 5.04% Actual / Estimated Substantial Completion Date Final Cost $ 5,228,109.47 lActual / Estimated Final Completion Project Manager Date Project Sup 5/2/2010 Manager Name Ty Lane Leo Garcia 7-7- Chris Balios Percentage of Time Devoted to the Project 50% 100% 40% ProposedQuality for this Project Ty Lane Leo Garcia aylor ondit Chris Balios Did individual Complete the Project? Yes Yes No Yes If not, who started or completed the project in their place. Chad Pabody Reason for Change Name 'title/position Organization Resignation Telephone Email Owner Zoltan Fell Engineer City of Lubbock, Texas (806) 775-3377 zfekete[Mmylub§Mk.us Designer John Marler Engineer HDR (512) 912-5188 lohn.marler(Mhdrinc.com Surety Howard Cowan Attorney Liberty Mutual (806) 722-2663 0 e a e um er or issues resolved 4 s e e s e e ♦ o al AmounEinvolved ve issues e e® $251,075.17 s '•s, a Number of issues Pending our mvo v 0 in Resoived issues 1 $251,075.17 w.. Project Information Sheet Project Owner I City of Post, Texas General Description of Project Installation of 27,000 LF of 6" HDPE Waterline by boring. Name Hills Water Budget History Schedule Performance Amount % of Bid Amount Date Days Bid $ 875,309.90 Notice to Proceed 2/1/2010 Change Orders Contract Substantial Completion Date at Notice to Proceed Owner Enhancements $ 167,077.80 19.09% Contract Final Completion Date at Notice to Proceed Unforeseen Conditions Change Order Authorized Substantial Completion Date Design Issues Change Order Authorized Final Completion Date Total $ 167,077.80 19.09% Actual / Estimated Substantial Completion Date Final Cost $ 1,042,387.70 JActual / Estimated Final Completion Project Manager Date Project Sup Safety Officer 3/15/2011 Quality Manager Name Chad Pabody Cody Hamm Chad Pabody Ty Lane Percentage of Time Devoted to the Project 25% 100% 25% 25% Proposed for this Project Chad Pabody Cody Hamm Chad Pabody Ty Lane Did individual Complete the Project? Yes No Yes Yes arted or completed the project in their place. Troy Lane ange a •♦ m m a ron Name Resignation ® a m m Title/position Organization Telephone Email Owner Arble Taylor City Mgr. City of Post, TX (806) 495-2811 atgylorCa'►rsostgarza.net Designer Dwight Brandt Engineer Brandt Engineers (806) 681-8631 DLBrandt(@brandtengineers.com Construction Manager Oscar Ostis RPR Brandt Engineers (806) 681.8631 1 Oostis@brandtengineers.com Surety "issue-slotal amou Howard Cowan t •um i va a ►n eso ve Attorney $167,077.80 Liberty Mutual Number of issues Pending (806) 722-2663 o a amou i vo veresolvedissues 0 in Resolved issues $167,077.80 i t Project Information Sheet Completed Project Owner I City of Wolfforth Project Name Wolfforth Sewer Expansion General Description of Project Budget History Schedule Performance Amount % of Bid Amount Date Days Bid $ 1,100,215.00 Notice to Proceed 9/1/2010 Change Orders Contract Substantial Completion Date at Notice to Proceed Owner Enhancements $ 15,250.00 1.39% Contract Final Completion Date at Notice to Proceed Unforeseen Conditions Change Order Authorized Substantial Completion Date Design Issues Change Order Authorized Final Completion Date Total $ 15,250.00 1.39% Actual / Estimated Substantial Completion Date Final Cost $ 1,115,465.00 Actual / Estimated Final Completion Project Manager Date Project Sup Safety Officer 4/29/2011 Quality Manager Name Ty Lane Leo Garcia Chris Balios Chris Balios Percentage of Time Devoted to the Project Proposed for this Project Ty Lane Leo Garcia Chris Balios Chris Balios Did individual Complete the Project? Yes Yes Yes Yes if not, who started or completed the project in their place. Reason for Change m •A A- e ♦♦ • Name • a a a Title/position Organization Telephone Email Owner Doug Hutchison Inspector (806) 885-4120 Designer Construction Manager Michael Adams OJD Engineering (806) 791-2300 1 mirhaei.gams Qi nair ering.com Surety ® e u r a iss7T, Howard Cowan Attorney a • i a moun on o ve m eso ve issues $15,250.00 Liberty Mutual Pq Number of issues Pending (806) 722-2663 o a amoun invo veresolved lin Resolved issues $15,250,00 Project Information Sheet Completed Project Owner Lubbock Cooper ISD JProject Name I Cooper Middle School General Description of Project 3575 LF 8" Waterline; 2930 LF 10" Sewerline . - •• Budget History Schedule Performance Amount % a Bid Amount Date Days Bid $ 488,248.00 Notice to Proceed 8/1/2009 Change Orders Contract Substantial Completion Date at Notice to Proceed Owner Enhancements Contract Final Completion Date at Notice to Proceed Unforeseen Conditions Change Order Authorized Substantial Completion Date Design Issues $ 13,842.00 2.84% Change Order Authorized Final Completion Date Total $ 13,842.00 1 2.84% Actual % Estimated Substantial Completion Date Final Cost • • a •MEMEMEMEM $ 502,090,00 Actual % Estimated Final Completion Date 7/27/2011 Project Manager Project Sup Safety Officer Quality Manager Name Ty Lane Lorenzo Vasquez Chris Balios Chris Balios Percentage of Time Devoted to the Project Proposed for this Project Ty Lane Lorenzo Vasquez Chris Balios Chris Balios Old individual Complete the Project? Yes Yes Yes Yes If not, who started or completed the project in their place. Reason for Change ♦ s e a • a a Name • t o + Title/position Organization Telephone Email Owner Marsha Reed Engineer City of Lubbock (806) 775-2335 mreed mail.ci.lubbock.tx,us Designer Gary Dawson Engineer Parkhill,Smith&Cooper (806) 743-2201 RdawsonOteam-gsc.com Construction Manager Michael Haverdink Project Mgr I Sandia Construction (806) 745-9450 1 michael@sandiaconst.com Surety � P • t• um era �ssu1,51fal resolved 3 Howard Cowan a' • • ♦ • • Amountinvolved in Resolven issues Attorney a 4 t � $13,842.00 Liberty Mutual t i•. p Number of issues Pending (806) 722-2663 IotalamotFit mvo ve in Resolved issues Project Information Sheet Completed Project owner I City of Lubbock JProject Name Indiana Paving Improvements General Description of Project Installation of 6017 LF 10" & 15" Sewerline, 6958 LF 12" Waterline,11 Manholes, 72" Steel Casing a r•i Budget History Schedule Performance Amount % of Bid Amount Date Days Bid $ 1,293,497.50 Notice to Proceed 2/1/2010 Change orders Contract Substantial Completion Date at Notice to Proceed owner Enhancements $ 36,787.38 2.84% Contract Final Completion Date at Notice to Proceed Unforeseen Conditions Change Order Authorized Substantial Completion Date Design Issues I Change order Authorized Final Completion Date Total $ 36,787.38 2.84% Actual / Estimated Substantial Completion Date Final Cost e $ 1,330,284.88 Actual / Estimated Final Completion Project Manager Date Project Sup Safety Officer 7/29/2011 Quality Manager Name Ty Lane Leo Garcia Chris Balios Chris Balios Percentage of Time Devoted to the Project Proposed for this Project Ty Lane Leo Garcia Chris Balios Chris Balios Did Individual Complete the Project? Yes Yes Yes Yes If not, who started or completed the project in their place. Reasonfor Change a e • • •• a Name a e Title/position Organization Telephone Email owner Wood Franklin blic Works Direct City of Lubbock (806) 775-2343 wfrankiinOrnulubbock.us Designer Leslie Bruce Engineer Construction Manager Rick Humphries Project Mgr Allen Butler Construction {806} 745-7498 rumphries@allenbutier.net Surety um era rssues resolved 2 Howard Cowan o a mown rnvo ve rn es v issues Attorney Liberty Mutual $36,787.38 Number of issues Pending (806) 722-2663 o a amou in ve in Resolved issues $36,787.38 Project Information Sheet Project Information Sheet Completed Project Owner I City of Plainview JProject Name Plainview Water Reconstruction General Description of Project Installation of 12",10", 8", 6", 4" water lines ••per Budget History Schedule Performance Amount % o Bld Amount Date Days Bid $ 1,494,410.00 Notice to Proceed 3/1/2011 Change Orders Contract Substantial Completion Date at Notice to Proceed Owner Enhancements $ 55,848.75 3.74% Contract Final Completion Date at Notice to Proceed Unforeseen Conditions Change Order Authorized Substantial Completion Date Design Issues Change Order Authorized Final Completion Date Total $ 55,848.75 3.74% Actual / Estimated Substantial Completion Date Final Cost $ 1,550,2S8.75 Actual % Estimated Final Completion Project Manager Date Project Sup Safety Officer December 2011 Quality Manager Name Ty Lane Chris Balios Chris Balios Chris Balios Percentage of Time Devoted to the Project Proposed for this Project Ty lane Chris Balios Chris Balios Chris Balios Did individual Complete the Project? Yes Yes Yes Yes If not, who started or completed the project in their place. Reason for Change ♦ e • • { • Name e Title/position Organization Telephone Email Owner Mike Gilliland Engineer City of Plainview (806) 296-1150 meillit nd@ci.alainview.t"s Designer Construction Manager Brandon Autry Engineer AMD Engineering (806) 771-5976 bautry@amdeng.com Surety um er or issues 1 Howard Cowan a mount involved m eso ve issues Attorney $23,929.00 Liberty Mutual Number of issues Pending (806) 722-2663 o !amountinvo vresolved in Red issues "$23,929.00 Project Information Sheet Completed Project Owner I City of Lubbock Project Name Ctuaker Ave Reconstruction from 114th to FM 1585 General Description of Project Installation of water, sewer, & storm sewer lines . . Budget History Schedule Performance Amount % of Bid Amount Date Days Bid $ 663,467.00 Notice to Proceed 4/1/2011 Change Orders Contract Substantial Completion Date at Notice to Proceed Owner Enhancements $ 11,800.76 1.78% Contract Final Completion Date at Notice to Proceed Unforeseen Conditions Change Order Authorized Substantial Completion Date Design Issues Change Order Authorized Final Completion Date Total $ 11,800.76 1.78% Actual / Estimated Substantial Completion Date Final Cost $ 675,267.76 JActual / Estimated Final Completion Date Project Manager Project Sup Safety Officer 8/31/2011 Quality Manager Name Ty Lane Marty Hamm Chris Balios Chris Balios Percentage of Time Devoted to the Project Proposed for this Project Ty Lane Marty Hamm Chris Balios Chris Balios Did individual Complete the Project? Yes Yes Yes Yes If not, who started or completed the project in their place. Reason for Change :-._-, ram---, ,r=---'� :: � �, r= �_ ^=��� r =�� r-= ;��-••.....;.:a '"""",,r.� ^'""�- "�.'�-., ".�.. Project Information Sheet Completed Project Owner City of Levelland lProject Name Lee St. Water System Improvements General Description of Prgj c Installation of 14" water line • •• a MEN Budget History Schedule Performance Amount % of Bid Amount Date Days Bid $ 777,548.95 Notice to Proceed 8/22/2011 Change Orders Contract Substantial Completion Date at Notice to Proceed 12/20/2011 Owner Enhancements $ (16,533.95) -2,13% Contract Final Completion Date at Notice to Proceed 1/19/2012 Unforeseen Conditions Change Order Authorized Substantial Completion Date Design Issues Change Order Authorized Final Completion Date Total S (16,533.95) -2.13% Actual / Estimated Substantial Completion Date Final Cost $ 761,015.00 IN Actual / Estimated Final Completion Project Manager Date Project Sup Safety Officer 04/2012 Quality Manager Name Ty Lane Chris Ballos Chris Balios Chris Balios Percentage of lime Devoted to the Project Proposed for this Project Ty Lane Chris Balios Chris Ballos Chris Balios Did individual Complete the Project? Yes Yes Yes Yes If not, who started or completed the project in their place. Reason for Change Name Title/position Organization Telephone Email Owner Designer Construction Manager Leonard Nail Engineer Parkhill,Smith&Cooper (806) 473.2200 Inali@team-psc.com Surety t • • • u r o issuesal resolved 0 Howard Cowan • ♦ • #1 • 1 ♦ • Amountinvolveinvolveo in Resolvea issues Attorney • • ® $0.00 Liberty Mutual e i• Number of issues Pending (806) 722-2663 un invo ve 0 in Resolved issues $0.00 Project Information Sheet Completed Project Owner I City of Lubbock Project Name I Lubbock Downtown Redevelopment General Description of Project Budget History Schedule Performance Amount % of Bid Amount Date Days Bid $ 2,074,508.00 Notice to Proceed 1/31/2012 Change Orders Contract Substantial Completion Date at Notice to Proceed 11/25/2012 Owner Enhancements $ (16,033.96) -0.77% Contract Final Completion Date at Notice to Proceed Unforeseen Conditions Change Order Authorized Substantial Completion Date Design Issues Change Order Authorized Final Completion Date Total $ (16,033.96) -0.77% Actual / Estimated Substantial Completion Date Nov 2012 Final Cost $ 2,058,474.04 Actual / Estimated Final Completion Date December 2012 Project Manager Project Sup Safety Officer quality Manager Name Ty Lane Troy Lane Chris Balios Chris Balios Percentage of Time Devoted to the Project Proposed for this Project Ty Lane Troy Lane Chris Balios Chris Balios Did Individual Complete the Project? Yes Yes Yes Yes If not, who started or completed the project in their place. Reason for Change e s e e a EMENEE= Name e ► + a Title/position Organization Telephone Email Owner Mike Keenum City Engineer City of Lubbock, Texas (806) 775-2393 MkeenumOmaij,,ri.lubbock.tx.us Designer Construction Manager Joseph Van Deventer Engineer SGS Engineering (806) 795-6827 )VanDeventer@SGSEng.com Surety um er or issues resolved 0 Howard Cowan liotaitAmounEmva ve En eso ve issues Attorney $0.00 Liberty Mutual Number of issues Pending (806) 722-2663 o a amount involve Olin Resolved issues $0.00 Project Information Sheet Completed Project Owner I DCOS Project Name Industrial Park General Description of Project Water and Sanitary Sewer Infastructure Budget History Schedule Performance • • e A7777Contract Date Days Bid Notice to Proceed Change Orders Substantial Completion Date at Notice to Proceed Owner Enhancements $ 269,497.00 22,47% Contract Final Completion Date at Notice to Proceed Unforeseen Conditions Change Order Authorized Substantial Completion Date Design Issues Change Order Authorized Final Completion Date Total $ 269,497.00 22.47% Actual / Estimated Substantial Completion Date Final Cost $ 1,468,648.15 • a • Actual / Estimated Final Completion Project Manager Date Project Sup Safety Officer January 2013 Quality Manager Name Ty Lane Marty Hamm Chris Balios Chris Balios Percentage of Time Devoted to the Project Proposed for this Project Ty Lane Marty Hamm Chris Balios Chris Balios Did individual Complete the Project? Yes Yes Yes Yes If not, who started or completed the project in their place. Reason for Change • • e s e a • Name e • • s Title/position Organization Telephone Email Owner Designer Construction Manager George Villarreal Engineer Parkhill, Smith & Cooper (806) 473-3563 GVlllarreal@team-psc.com Surety i • e s umber or issues resolved 0 Howard Cowan a • • e • , o al Amountinvolved in Resolved issues Attorney • • D $0.00 Liberty Mutual Ze e Number of issues Pending (806) 722-2663 I oliallamount involved Olin Resolved issues $0.00 Project Information Sheet Project Owner ICity of Levelland I Project Name 2012 Water System Improvements General Description of Project Replace 2" cast iron water with 6" and 8" pvc . - .ee a •ev e Kom Budget History Schedule Performance Amount % of Bid Amount Date Days Bid $ 249,210.00 Notice to Proceed 11/26/2012 210 Change Orders Contract Substantial Completion Date at Notice to Proceed 5/25/2013 180 Owner Enhancements $ 1,600.00 0.64% Contract Final Completion Date at Notice to Proceed 6/24/2013 210 Unforeseen Conditions Change Order Authorized Substantial Completion Date Design Issues Change Order Authorized Final Completion Date Total $ 1,600.00 0,64% Actual / Estimated Substantial Completion Date Final Cost $ 250,810.00 Actual / Estimated Final Completion Project Manager Date NESIMM Project Sup Safety Officer February 2013 Quality Manager Name Ty Lane Steve Levitt Chris Balios Chris Balios Percentage of Time Devoted to the Project Proposed for this Project Ty Lane Steve Levitt Chris Balios Chris Balios Did individual Complete the Project? Yes Yes Yes Yes If not, who started or completed the project in their place. Reason for Change . . . ... Name . . . Title/position Organization Telephone Email Erik Rejino City of Levelland, Texas (806) 894-0113 ereiino@levelliandtexas.org Manager ;e;ner Kristi Laverty Engineer Parkhill, Smith & Cooper (806) 4733634 kiaverty@team-psc.com sues 0 Howard Cowan o a mou invo ve in e issues Attorney $0.00 LibertyMutual Number of issues Pending (806) 722-2663 mpg o un involveo 0 in Resolved issues %nn r - - •--�71 17-77,11 .=--•� ,�—• r-•--�. .----�, .: ..;...---. .._z.. ,,.,.ram, ,. � ��......,, .9 r.�..-•y r+�..., . �---w--+, j-------�....' Project Information Sheet Completed Project Owner I City of Lubbock Project Name Reconstruction & Widening of Frankford Ave General Description of Pro ect Remove and Relocate water and sewer infastructure for new road Budget History Schedule Performance Amount % o Bi Amount Date Days Bid $ 251,878.50 Notice to Proceed Change Orders Contract Substantial Completion Date at Notice to Proceed Owner Enhancements $ 36,100.00 14.33% Contract Final Completion Date at Notice to Proceed Unforeseen Conditions Change Order Authorized Substantial Completion Date Design Issues Change Order Authorized Final Completion Date Total $ 36,100.00 14.33% Actual / Estimated Substantial Completion Date 06/2013 Final Cost $ 287,978.50 Actual / Estimated Final Completion MENESEEM Date 07/2013 Project Manager Project Sup Safety Officer Quality Manager Name Ty Lane Marty Hamm Chris Balios Chris Balios Percentage of Time Devoted to the Project Proposed for this Project Ty Lane Marty Hamm Chris Balios Chris Balios Did individual Complete the Project? Yes Yes Yes Yes If not, who started or completed the project in their place. Reason for Change Name Title/position Organization Telephone Email Owner Mike Keenum City Engineer City of Lubbock, Texas (806) 775-2393 Mkgenum@mall.ci.lubbock.tx.us Designer Construction Manager Rick Humphries Project Mgr Allen Butler Construction (806) 745-7498 rhumphries@alienbutler.net Surety um r o issuesI resolved 0 Howard Cowan Attorney ofal Amountinvolveinvolveo in Resol ve issues $0.00 Liberty Mutual Number of issues Pending (806) 722-2663 o a amou i vo ve 0 in Resolved issues $0.00 Project Information Sheet Completed Project Owner City of Lubbock JProject Name 98th St. Paving Improvements (Albany to Huron) General Description of Project Water and Sanitary Sewer Infastructure • • • a12,1111,11111, MEN!; Budget History Schedule Performance Amount % of Bid Amount Date Days Bid $955,577.52 Notice to Proceed 8/22/2011 Change Orders Contract Substantial Completion Date at Notice to Proceed Owner Enhancements $ 121,512.02 12.72% Contract Final Completion Date at Notice to Proceed Unforeseen Conditions Change Order Authorized Substantial Completion Date issues JChange Order Authorized Final Completion Date —Design Total $ 121,512,02 12.72% Actual / Estimated Substantial Completion Date Final Cost $ 1,077,089.54 Actual / Estimated Final Completion Project Manager Date Project Sup Safety Officer 07/2013 Quality Manager Name Ty Lane Marty Hamm Chris Balios Chris Balios Percentage of Time Devoted to the Project Proposed for this Project Ty Lane Marty Hamm Chris Balios Chris Balios Did individual Complete the Project? Yes Yes Yes Yes If not, who started or completed the project in their place. Reason for Change e e ® e p♦ a Name o e ♦ e Title/position Organization Telephone Email Owner Wood Franklin blic Works Direct City of Lubbock, Texas (806) 775-2343 wfranklin@mail.ci.lubbock.tx.gI Designer Construction Manager flick Humphries Project Mgr Allen Butler Construction (806) 745-7498 rumphries@allenbutler.net Surety Fvumoer UT Issues resolved I 0 Howard Cowan oval moue involveinvolveo in newl issues Attorney $0.00 Liberty Mutual Number of issues Pending (806) 722-2663 potalamountinvIvea Olin Resolved issues $0.00 := M � .. �.;.../-.-.? . p._. —,..s ,...�-1...,: F-•--_-,:.,'. .f r-----1..t ram--'1. .-:.--..f ,�'`-�.. r--^:. ►,---+� . ,^--�..,... '--� �---J p ,--•---�. '--,.,, Project Information Sheet Completed Project Owner I Costco JProject Name Costco Warehouse, Lubbock General Description of Project Water and Sanitary Sewer Infastructure a e• a s ^• e Budget History Schedule Performance Amount % R Bid Amount Date Days Bid $ 880,398.00 Notice to Proceed Change Orders Contract Substantial Completion Date at Notice to Proceed Owner Enhancements $ 56,433.00 6.41% Contract Final Completion Date at Notice to Proceed Unforeseen Conditions Change Order Authorized Substantial Completion Date Design Issues Change Order Authorized Final Completion Date Total $ 56,433.00 6.41% Actual / Estimated Substantial Completion Date 10/2013 Final Cost $ 936,831.00 Actual / Estimated Final Completion Project Manager Date Project Sup Safety Officer 10/2013 NEEMENEEM Quality Manager Name Ty Lane Chris Balios Chris Balios Chris Balios Percentage of Time Devoted to the Project Proposed for this Project Ty Lane Chris Balios Chris Ballos Chris Balios Did individual Complete the Project? Yes Yes Yes Yes If not, who started or completed the project in their place. Reason for Change e e e • e• e Name • • a v Title/position Organization Telephone Email Owner Designer Construction Manager Jerry Pollock Project Mgr Jackson Dead Constructia (425) 531-1077 jerryp@jacksondean.com Surety ® o e a um er o issues resolved 0 Howard Cowan e o s e e • o a mown mvo ve In eso v issues Attorney e o i $0.00 Liberty Mutual • C e e Number of issues Pending (806) 722-2663 a a amoun mvo ve Olin Resolved issues $0.00 Project Information Sheet Project owner i City of Lubbock General Description of Project Remove and Relocate water and sewer infastructure for new road Name Milwaukee Ave Completed Budget History ISchedule Performance Amount % of Bid Amount Date Days Bid $ 2,511,467.50 Notice to Proceed Change Orders Contract Substantial Completion Date at Notice to Proceed Owner Enhancements $ 316,484.77 12.60% Contract Final Completion Date at Notice to Proceed Unforeseen Conditions Change Order Authorized Substantial Completion Date Design Issues Change Order Authorized Final Completion Date Total $ 316,484.77 12.60% Actual / Estimated Substantial Completion Date Final Cost $ 2,827,952.27 Actual / Estimated Final Completion Date 01/2014 Project Manager Project Sup Safety Officer Quality Manager Name Ty Lane Marty Hamm Chris Balios Chris Balios Percentage of Time Devoted to the Project Proposed for this Project Ty Lane Marty Hamm Chris Balios Chris Balios Did individual Complete the Project? Yes Yes Yes Yes If not, who started or completed the project in their place. Reason for Change Name Title/position Organization Telephone Email Owner Mike Keenum City Engineer City of Lubbock, Texas (806) 775-2393 Mkeenum@maii.ci.lubbock.tx.us Designer Construction Manager Rick Humphries Project Mgr Allen Butler Construction (806) 745-7498 rhumphries@allenbutler.net Surety S e o um er o issu s Howard Cowan u lnvo ve in ve rissuaes Attorney $0.00 Liberty Mutual Number of issues Pending (806) 722-2663 o a amoun mvo veresolved 0 in Resolved issues $0.00 �_ — Project Information Sheet Completed Project Owner City of Lubbock 1project Name Slide Road Water Line Extension General Descri Lion of Project Extend Water Line on Slide Road from 98th St to FM 1585 e s• • •• a Budget History Schedule Performance Amount % o Bi Amount Date Days Bid $ 701,510.00 Notice to Proceed Change Orders Contract Substantial Completion Date at Notice to Proceed Owner Enhancements Contract Final Completion Date at Notice to Proceed Unforeseen Conditions Change Order Authorized Substantial Completion Date Design Issues Change Order Authorized Final Completion Date Total $ - 0.00% Actual / Estimated Substantial Completion Date Final Cost ... ,MEMEMEM $ 701,510.00 Actual / Estimated Final Completion Date May 2014 Project Manager Project Sup Safety Officer Quality Manager Name Ty Lane Marty Hamm Chris Balios Chris Balios Percentage of Time Devoted to the Project Proposed for this Project Ty Lane Marty Hamm Chris Balios Chris Balios Did individual Complete the Project? Yes Yes Yes Yes If not, who started or completed the project in their place. Reason for Change s s • ♦ s Name Organization "Engineer Telephone Email Owner Mike KeenumCity of Lubbock, Texas (806) 775-2393 Mkeenum@mail.ci.lubbock.tx.us Designer Construction Manager Surety a • • W is resolved 0 Howard Cowan a a a ♦ e • Fnv o a u ve n es v issues Attorney s a • $0.00 Liberty Mutual ♦ Cu Number of issues Pending (806) 722-2663 o a at mvo v 0 in Resolved issues $0.00 Project information Sheet Completed Project Information Sheet Completed Project Owner I City of Lubbock JProject Name Northwest Lubbock Drainage Improvements General Description of Project Storm Sewer Infastructure (10 x 10 Boxes) a Budget History Schedule Performance Amount 9'a o Bid Amount Date Days Bid $ 30,899,370.70 Notice to Proceed 4/23/2012 Change Orders Contract Substantial Completion Date at Notice to Proceed 4/3/2014 710 Owner Enhancements $ 5,080,518.00 16.44% Contract Final Completion Date at Notice to Proceed 5/18/2014 755 Unforeseen Conditions Change Order Authorized Substantial Completion Date 12/20/2014 Design Issues Change Order Authorized Final Completion Date Total $ 5,080,518.00 16.44% Actual / Estimated Substantial Completion Date 3/31/2015 Final Cost $ 35,979,888.70 10 Actual / Estimated Final Completion Project Manager Date Project Sup Safety Officer 3/31/2015 Quality Manager Name Ty Lane Troy Lane Chris Balios Chris Balios Percentage of Time Devoted to the Project Proposed for this Project Did individual Complete the Project? If not, who started or completed the project in their place. Reason for Change ♦ ♦ ♦ • ♦ • + Name Title/position Organization Telephone Email Owner Mike Keenum City Engineer City of Lubbock, Texas (806) 775-2393 MkeenumtiDmail.ci.lubbock.tx.us Designer Construction Manager Paul McMillen Engineer Parkhill, Smith & Cooper (806) 473-2200 pmcmillen@team-psc.com Surety resolved I 0 Howard Cowan issues I$0.00 Attorney liberty Mutual Number of issues Pendingi (806) 722-2663 Olin Resolved issues $0.00 L j L_ L. Project information Sheet Completed Project information Sheet Completed Project Owner I City of Lubbock JProject Name Northwest Water Reclamation Plant General Description of Project Budget History Schedule Performance Amount %ofBid Amount Date Days Bid $ 1,245,847.30 Notice to Proceed Change Orders Contract Substantial Completion Date at Notice to Proceed Owner Enhancements Contract Final Completion Date at Notice to Proceed Unforeseen Conditions Change Order Authorized Substantial Completion Date Design Issues Change Order Authorized Final Completion Date Total $ 0.00% Actual / Estimated Substantial Completion Date Final Cost $ 1,245,847.30 Actual / Estimated Final Completion Date 7/30/2015 Project Manager Project Sup Safety Officer Quality Manager Name Ty lane Chris Balios Chris Balios Chris Balios Percentage of Time Devoted to the Project Proposed for this Project Did individual Complete the Project? If not, who started or completed the project in their place. Reason for Change Name Title/position Organization Telephone Email Owner John Turpin Engineer City of Lubbock (806) 775-2342 JturWn*maiLci.lubbock.pLys_ Designer Construction Manager Surety F"#01s!sues!! Howard Cowan I OWN0 Attorney Liberty Mutual $0.001 Number of issues Pending (806) 722-2663 0 in Resolved issues $0.00 7 77; Project Informatlon Sheet Completed Project Information Sheet Completed Project Owner City of Lubbock Project Name South Lubbock Sanitary Sewer Extension -Phase 1 General Description of Project Installation of 35,400' Fiberglass Sewer Pipe, ranging in size from 24" — 54" and depths from 0' — 42' Budget History Amount 46 o Bid Amount 7khedulePerform7 Date Days Bid $ 20,293,159.95 Notice to Proceed 5/19/2014 Change Orders Contract Substantial Completion Date at Notice to Proceed May 2015 Owner Enhancements $ (13,848.31) -0.07% Contract Final Completion Date at Notice to Proceed May 2015 Unforeseen Conditions $ 265,699.10 1.31% Change Order Authorized Substantial Completion Date October 2015 Design Issues JChange Order Authorized Final Completion Date October 2015 Total $ 251,850.79 1.24% Actual / Estimated Substantial Completion Date October 2015 Final Cost $ 20,545,010.74 Actual / Estimated Final Completion Project Manager Date Project Sup Safety Officer October 2015 Quality Manager Name Ty lane Chris Balios Chris Ballos Chris Balios Percentage of Time Devoted to the Project Proposed for this Project Did individual Complete the Project? If not, who started or completed the project in their place. Reason for Change ♦ • ♦ • • • • Name ♦ • • a Title/position Organization Telephone Email Owner Zoltan Fekete Engineer City of Lubbock, Texas (806) 775-3317 2Fekete(- maii.ci.lu� k.tx.us Designer Construction Manager Aaron Rader Engineer Kimley Horn Associates (817) 335-6511 1 aaron.rader@kimley-horn.com Surety if er or issue resolved 0 Howard Cowan o a Amountinvolved in eso v issues Attorney $0.00 liberty Mutual Number of issues Pending (806) 722-2663 o amountrnv veo 0 in Resolved issues 1 $0.00 Page Intentionally Left Blank City of Lubbock, TX Insurance Requirement Affidavit To Be Completed by Offeror Must be submitted with Proposal 1, the undersigned Offeror, certify that the insurance requirements contained in this proposal document have been reviewed by me and my Insurance Agent/Broker. If I am awarded this contract by the City of Lubbock, I will be able to, within ten (10) business days after being notified of such award by the City of Lubbock, furnish a valid insurance certificate to the City meeting all of the requirements defined in this proposal. (Original Signature) Ty Lane Contractor (Print) CONTRACTOR'S BUSINESS NAME: Utility Contractors of America, Inc. (Print or Type) CONTRACTOR'S FIRM ADDRESS: 5805 CR 7700 Lubbock, TX 79424 NOTE TO CONTRACTOR If the time requirement specified above is not met, the City has the right to reject this proposal and award the contract to another contractor. If you have any questions concerning these requirements, please contact the Director of Purchasing & Contract Management for the City of Lubbock at (806) 775-2572. t RFP 16-12733-T1F - Canyon Lakes Sanitary Sewer Interceptor Rehabilitation, Phase I City of Lubbock Front End Documents 00 01 11-49 City of Lubbock Canyon Lakes Sanitary Sewer Interceptor Rehabilitation — Phase 1 Pase Intentionally Left Blank City of Lubbock Front End Documents City of Lubbock Canyon Lakes Sanitary Sewer Interceptor Rehabilitation — Phase 1 0001 11-50 t _' 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 proposals 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 proposer prior to awarding proposals on City contracts. The definition and criteria for determining the safety record of a proposer for this consideration shall be: The City of Lubbock shall consider the safety record of the offerors 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 proposer 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, suspensionlrevocations 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. Any other safety related matter deemed by the City Council to be material in determining the responsibility of the offeror and his or her ability to perform the services or goods required by the proposal documents in a safe environment, both for the workers and other employees of offeror and the citizens of the City of Lubbock. In order to obtain proper information from offerors so that City of Lubbock may consider the safety records of potential contractors prior to awarding proposals on City contracts, City of Lubbock requires that offerors answer the following three (3) questions and submit them with their proposals: QUESTION ONE Has the offeror, or the firm, corporation, partnership, or institution represented by the offeror, 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 offeror has indicated YES for question number one above, the offeror must provide to City of Lubbock, with its proposal 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. r . City of Lubbock Front End Documents City of Lubbock Canyon Lakes Sanitary Sewer Interceptor Rehabilitation — Phase 1 Offeror's Initials 00 01 11-51 u QUESTIQN TWO Has the offeror, or the firm, corporation, partnership, or institution represented by the offeror, or anyone acting for such firm, corporation, partnership or institution, received citations for violations of environmental protection laws or regulations, of any kind or type, within the past five years? Citations include notice of violation, notice of enforcement, suspension/revocations of state or federal licenses, or registrations, fines assessed, pending criminal complaints, indictments, or convictions, administrative orders, draft orders, final orders, and judicial final judgments. F YES NO If the offeror has indicated YES for question number two above, the offeror must provide to City of Lubbock, with its proposal 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. OUESTION THREE Has the offeror, or the firm, corporation, partnership, or institution represented by offeror, 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 offeror has indicated YES for question number three above, the offeror must provide to City of Lubbock, with its proposal 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. QUESTION FOUR Provide your company's Experience Modification Rate and supporting information: .652 ACKNOWLEDGEMENT THE STATE OF TEXAS COUNTY OF LUBBOCK !" _ 1 certify that I have made no willful misrepresentations in this Questionnaire nor have I withheld information in my statements and answers to questions. I am aware that the information given by me in this questionnaire will be investigated, with my full permission, and that any misrepresentations or omissions may cause my proposal to be rejected. Sign t e s Ty Lane, President Title 1" City of Lubbock Front End Documents 00 01 11-52 City of Lubbock Canyon Lakes Sanitary Sewer Interceptor Rehabilitation — Phase 1 C k XWOn- 0 i a member of K8CS Group, Inc. March 2, 2015 City of Lubbock 1628 13th Street Lubbock, TX 79401 Re: Utility Contractors of America, Inc.'s Workers Comp Policy Modifier To Whom It May Concern, Please see the below calculation of the total policy modifier for the current year. This modifier represents the experience modifier combined with a scheduled modifier determined by the insurance company. The schedule modification factor is comprised of all additional discounts provided by the insurance company for such items as, but not limited to: 1. UCA's implementation of safety recommendations of insurance carrier's safety department 2. UCA's enrollment in company healthcare network 3. Premium discount for size of operation 4. Underwriter's discretion In order to calculate this scheduled modifier you add up the three (3) discounts listed on the declarations page of the policy (scheduled credit, health care network and premium discount). I've attached a copy of the declarations page for the current Workers Compensation policy so you can see where the below reference discounts are shown in the rating. .15 (scheduled credit) + ,12 (network credit) + .0780 (premium discount) = .348 This number is then applied against the experience modifier (1.00) to generate a policy modifier of .652. 2255 Ridge Road ® Suite 333 ® P.O. Box 277 ° Rockwall, Texas 75087 Main (972) 771-4071 1 Toll Free (866) 823-0673 • Fax (972) 77 t-4695 Amarillo ° Claude ® Dallas * Denton * El Paso ® Ft. Worth ® Grapevine Henrietta + Houston + Plano Port Arthur * Rockwall ° San Angelo * San Antonio 0 Southlake 4 Spring Tyler 0 Waco 0 Wichita Falls If you need any further explanation or have any questions about anything presented in this letter please give me a call. Since ce Johnny Moss, Partner attachment I+ I WORKERS' COMPENSATION AND EMPLOYERS UABILITY INSURANCE POLICY hw��' Taxes 78722301ON INFORMAMN PAGE UTILITY CONTRACTORS OF A11ER i cA 1IVC (Bois INSURED NAME EKYENDEO Po l 5005 COUNTY ROAD 7700 LUBBOCK, TX 70424-7074 anump NAMAND ADDRees R7.-'"��URD 0et�levKWWR :t:esNW*CMRiA90M aestbdrdrofiedrtea(operaf.. 01 12 t�'.�') WHITE HILL PLAZA INC pwcum PUSA.,Kag IN URANCE AGENCO Box 277 Yx& is � ,� tI3e22 ROCKWALL, TX 75097-0277 POLICY NUMBER TSF-0001204282 201408% %lid.r�l TIMID 7e-2214163 sttroat Ntttmm 420078462 anv olt DAL LAS ROteWsl of 0001204252 Evoy CORPORATION InWfmA, nE MONTHLY-15% 11 GroP FKNa TAePallayPwbdkbM 9-OS-2014 To: 9-06-2015 IMA.M.MD~tinssi8wisswoft dilgsd4' From a A. Wollm COWWWation howw = Plat One of the policy applies to the tlir4f bOW Cmp&*WJoa Lsw of the son gated dart TEXAS d 6r*leyefs UdM* (RI — Pad Two of the po ry applies to weds in sech stabs Ided In saga 3A. TM Lh tsal owUsbft trder PadTMo are: 000y k*M by Aaeiderlt i 1 ,000 ,000 Etch Arstderd omft "UNY by Obesee ti 1. 000 , 00 0 Eseh bnpiefN Raft W" by Dbares 4 1,600,000 Pothy Lira C. OVW Stdft ItISW O M: Part Three of the panty apples to Ora aIsIa r any. Mod bWW NONE 0. TatapoYaylttOHdestbesaesdormhsstaand aftftim Be* Sehsdule of Endorsements attsebad rr� a TM ptsrritrn furfhis pWq wMbs debmmbnd by aiw R1awds of Rdas. Cbsa}ications. Rotes asd Rair1 Rass- AII lafare"ca enquired below ls ssbjse- l* vssilkstl0n wW dwq* by ae2L TMM-EW ATEDSMOr►Rt]PREMUIM 4 85,420.00 WAIVER Of SUBROGATION . . . . . . . . . . . . . . . . : 1,710.00 INCREASED EMPLOYERS LIABILITY LIMITS . . . . . . . . . . . 1,744.00 TOTAL PREMIUM SUBJECT TO MODIFICATIONS. . . . . . 813,043.00 PREMIUM MODIFIED TO REFLECT EXPERIENCE )ADD OF ( 1.001.00 PREMIUM MODIFIED TO REFLECT SCHEDULE RATING OF ( .85 I. 10,341.00- WORKER5' COMP HEALTH CARE NETWORK DISCOUNT ( .12 ). . A,072.00- DEOUCT I BLE PRBd IUM . . . , . . . . . . . . . . . . . . : .00 ADM I RALTY/ FELA OR L A H M PREMIUM DISCOUNT. IF APPLICABLE ( 7.80 I . - - t9.1S9.00- EXPEASE CONSTANT CHARGE . . . . . . . . . . . . . . . . . 100.00 TOTALEsTiMAM AwajAL F gum 3 61,401.00 IAtRtuial PRwHIh1 230.00 DEVOUTP itinm 9,124.00 Cotgrta�Ivjvfq by Issue Dais! 9-03-2014 Page Intentionally Left Blank 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: Utility Contractors of America, Inc. FEDERAL 'TAX ID or SOCI7ingabove: o. 75-2214193 Signature of Company Official: Printed name of company officiTy Lane,President Date Signed: March 3, 2016 City of Lubbock Front End Documents 00 01 11-53 City of Lubbock ... Canyon Lakes Sanitary Sewer Interceptor Rehabilitation — Phase 1 PaEe Intentionally Left Blank City of Lubbock Front End Documents City of Lubbock Canyon Lakes Sanitary Sewer Interceptor Rehabilitation — Phase 1 0001 11-54 sF'l 1. 2. 3. 4. 5. 6. 7. S. 9. t4. 11. 12. 13. 14. 15. 16. PROPOSED LIST OF SUB -CONTRACTORS Minority Owned Yes No .ate ® I.E' 'PHIS FORM SHALL BE COMPLETED AND RETURNED ALONG WITH YOUR PROPOSAL IF NO SUB -CONTRACTORS WILL BE USED PLEASE INDICATE SO SUBMITTED BY: Utility Contractors of America, Inc. (PRINT NAME OF COMPANY) .' i RFP 16-12733-TF - Canyon Lakes Sanitary Sewer Interceptor Rehabilitation, Phase 1 City of Lubbock Front End Documents } City of Lubbock Canyon Lakes Sanitary Sewer Interceptor Rehabilitation — Phase 1 00 01 11-55 Pau Intentionally Left Blank I POST -CLOSING DOCUMENT REQUIREMENTS The below -listed document must be received in the Purchasing and Contract Management Office Not Later Than SEVEN BUSINESS DAYS after the close date when proposals are due. FINAL LIST OF SUB -CONTRACTORS City of Lubbock Front End Documents 0001 11-56 City of Lubbock Canyon Lakes Sanitary Sewer Interceptor Rehabilitation — Phase 1 Page Intentionally Left Blank City of Lubbock Front End Documents City of Lubbock Canyon Lakes Sanitary Sewer Interceptor Rehabilitation — Phase 1 0001 11-57 ,p 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. 16. FINAL LIST OF SUB -CONTRACTORS Company Name Location Services Provided Hugo Reed Lubbock Surveying V-Tech Lubbock Erosion Control Barricades Unlimited Lubbock Traffic Control Condeck Albuquerque Grouting Bore Company Cumming, GA Boring SUBMITTED BY: Utility Contractors of America, Inc. (PRINT NAME OF COMPANY) Minority Owned Yes No ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ THIS FORM SHALL BE COMPLETED AND RETURNED NOT LATER THAN SEVEN BUSINESS DAYS AFTER THE CLOSE DATE WHEN PROPOSALS ARE DUE IF NO SUB -CONTRACTORS WILL BE USED PLEASE INDICATE SO RFP 16-12733-TF - Canyon Lakes Sanitary Sewer Interceptor Rehabilitation, Phase 1 City of Lubbock Front End Documents 0001 11-58 City of Lubbock .- Canyon Lakes Sanitary Sewer Interceptor Rehabilitation — Phase 1 Page Intentionally Left Blank City of Lubbock Front End Documents City of Lubbock Canyon Lakes Sanitary Sewer Interceptor Rehabilitation — Phase 1 0001 11-59 3 PAYMENT BOND City of Lubbock Front End Documents ` - City of Lubbock Canyon Lakes Sanitary Sewer Interceptor Rehabilitation — Phase 1 0001 11-60 I , i Page Intentionally Left Blank City of Lubbock Front End Documents 0001 11-61 City of Lubbock Canyon Lakes Sanitary Sewer Interceptor Rehabilitation — Phase 1 STATUTORY PAYMENT BOND PURSUANT TO SECTION 2253.021(a) OF THE TEXAS GOVERNMENT CODE (CONTRACTS MORE THAN $50,000) KNOW ALL MEN BY THESE PRESENTS, that Utility Contractors of America, Inc. (hereinafter called the Principal(s), as Principal(s), and (hereinafter called the Surety(s), as Surety(s), are held and firmly bound unto the City of Lubbock (hereinafter called the Obligee), in the amount of Five Million Ninety -Seven Thousand Nine Hundred Thirty -Eight Dollars ($5,097,938) lawful money of the United States for the payment whereof, the said Principal and Surety bind themselves, and their heirs, administrators, executors, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has entered into a certain written contract with the Obligee, dated the 281h day of April, 2016, to RFP 16-12733-TF Canyon Lakes Sanitary Sewer Interceptor Rehabilitation, Phase 1 and said Principal under the law is required before commencing the work provided for in said contract to r- execute a bond in the amount of said contract which contract is hereby referred to and made a part hereof as fully and to the same extent as if copied at length herein. NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the said Principal shall pay all claimants supplying labor and material to him or a subcontractor in the prosecution of the work provided for in said contract, then, this obligation shall be void; otherwise to remain in full force and effect; PROVIDED, HOWEVER, that this bond is executed pursuant to the provisions of Section 2253.021(a) of the Texas Government Code, and all liabilities on this bond shall be determined in accordance with the provisions of said Article to the same extent as if it were copied at length herein. IN WITNESS WHEREOF, the said Principal (s) and Surety (s) havesignedand sealed this instrument this day of 2016. ��'�'� AnA Surety (Company Name *By:RA �191By:o- (Title) . t� l (Pri to ame) .' ATTY I N FACT (Signature) (Title) City of Lubbock Front End Documents 0001 11-62 a City of Lubbock Canyon Lakes Sanitary Sewer Interceptor Rehabilitation — Phase 1 Pa2e Intentionally Left Blank i, � The undersigned surety company represents that it is duly qualified to do business in Texas, and hereby designates 'HOUVARD MWAN" an agent resident in Lubbock County to whom any requisite notices may be delivered and on whom service of process may be had in matters arising out of such suretyship. Approved as to form: City s- By: r i 61 Surety d'" n t * By: (Title)JAARLA-MILL ATT`t l N FACT * Note: Ifby an offica'of the Surety Company there must be on file a certified extract from the by-laws showing that this person has authority to sign such obligation. If signed by an Attorney in Fact, we must have copy of power of attorney for our files. City of Lubbock Front End Documents City of Lubbock Canyon Lakes Sanitary Sewer Interceptor Rehabilitation — Phase 1 0001 11-63 Page Intentionally Left Blank I PERFORMANCE BOND City of Lubbock Front End Documents City of Lubbock Canyon Lakes Sanitary Sewer Interceptor Rehabilitation — Phase 1 0001 11-64 Pate Intentionally Left Blank City of Lubbock Front End Documents City of Lubbock Canyon Lakes Sanitary Sewer Interceptor Rehabilitation — Phase 1 i� 0001 11-65 Et t STATUTORY PERFORMANCE BOND PURSUANT TO SECTION 2253.021(a) OF THE TEXAS GOVERNMENT CODE (CONTRACTS MORE THAN $100,000) KNOW ALL MEN BY THESE PRESENTS, that Utility Contractors of America, Inc. (hereinafter called the Principal(s), as Principal(s), and (hereinafter called the Surety(s), as Surety(s), are held and firmly bound unto the City of Lubbock (hereinafter called the Obligee), in the amount of Five Million Ninety -Seven Thousand Nine Hundred Thirty -Eight Dollars ($5,097,938) lawful money of the United States for the payment whereof, the said Principal and Surety bind themselves, and their heirs, administrators, executors, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has entered into a certain written contract with the Obligee, dated the 28" day of AQril, 2016, to RFP 16-12733-TF Canyon Lakes Sanitary Sewer Interceptor Rehabilitation, Phase 1 and said Principal under the law is required before commencing the work provided for in said contract to execute a bond in the amount of said contract which contract is hereby referred to and made a part hereof as fully and to the same extent as if copied at length herein. NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the said Principal shall faithfully perform the work in accordance with the plans, specifications and contract documents, then this obligation shall be void; otherwise to remain in full force and effect. PROVIDED, HOWEVER, that this bond is executed pursuant to the provisions of Section 2253.021(a) of the Texas Government Code, and all liabilities on this bond shall be determined in accordance with the provisions of said article to the same extent as if it were copied at length herein. IN WITNESS WHEREOF, this day of ATTY IN FAcT1 the said Principal (s) and Surety (s) have signed and sealed this instrument , 2016. Cry q (Company Name) City of Lubbock Front End Documents City of Lubbock Canyon Lakes Sanitary Sewer Interceptor Rehabilitation — Phase 1 By: Cz L In 1 'S I& 6 c 06 (Printed Name) i (Signature) V' (Title) 0001 11-66 Page Intentionally Left Blank The undersigned surety that it is duly qualified to do business in Texas, and hereby � company represents P Y p Yq Y designates HOWARD COWAN an agent resident in Lubbock County to whom any requisite notices may be delivered and on whom service of process may be had in matters arising out of such suretyship. 41t io V,-, 7"r A64 Surety r F *By_ (Title) MARLAAILL Approved as to Form City of Lubbock By: ity ey • * Note: signed by an officer of the Surety Company, there must be on file a certified extract from the by-laws showing that this person has authority to sign such obligation. If signed by an Attorney in Fact, we must have copy of power of attorney for our files. ATTY I N FACT City of Lubbock Front End Documents 0001 11-67 City of Lubbock Canyon Lakes Sanitary Sewer Interceptor Rehabilitation — Phase 1 C..ry Page Intentionally Left Blank i AC §1.601(a)(3) 1 IMPORTANT NOTICE To obtain information or make a complaint: 2 You may contact Home Office Surety at 1-610-832-8240 "ISO IMPORTANTE Para obtener informacion o para someter una queja: Usted puede contactar a servicio de la oficina principal de Surety al: 1-610-832-8240 3 You may call (company)'s toll -free telephone Usted puede Ilamar al numero de telefono number for information or to make a complaint gratis de (company)'s para informacion o at: para someter una queja al: (800) 472-5357 Surety Option #7 4 You may also write to Liberty Mutual Surety at: 450 Plymouth Road, Suite 400 Plymouth Meeting, PA 19462 (800) 472-5357 Surety Opcion De #7 Usted tambien puede escribir a Liberty Mutual Surety 450 Plymouth Road, Suite 400 Plymouth Meeting, PA 19462 5 You may contact the Texas Department of Puede comunicarse con el Departmento de Insurance to obtain information on companies, Seguros de Texas para obtener informacion coverages, rights or complaints at: acerca de companias, coberturas, derechos o quejas al: (800) 252.3439 (800) 252-3439 6 You may write the Texas Department of Puede escribir al Departamento de Seguros Insurance: de Texas: P.O. Box 149104 Austin, TX 78714-9104 Fax: (512) 475-1771 Web: http://www.tdi.state.tx.us E-mail: ConsumerProtection@tdi.state.tx.us 7 PREMIUM OR CLAIM DISPUTES Should you have a dispute concerning your premium or about a claim you should contact the (agent) (company) (agent or the company) first. If the dispute is not resolved, you may contact the Texas Department of Insurance. P.O. Box 149104 Austin, TX 78714-9104 Fax: (512) 475-1771 Web: http://www.tdi.state.tx.us E-mail: ConsumerProtection@tdi.state.tx.us DISPUTAS SOBRE PRIMAS O RECLAMOS: Si tiene una disputa concerniente a su prima o a un reclamo, debe comunicarse con el (agente) (la compania) (agente o la compania) primero. Si no se resuelve la disputa, puede entonces comunicarse con el departamento (TDI). 8 ATTACH THIS NOTICE TO YOUR POLICY: UNA ESTE AVISO A SU POLIZA: This notice is for information only and does not Este aviso become a part or condition of the attached document. S-6128/LM 7/07 UNIZI No Text THIS POWER OF ATTORNEY IS NOT VALID UNLESS IT IS PRINTED ON RED BACKGROUND. This Power of Attorney limits the acts of those named herein, and they have no authority to bind the Company except In the manner and to the extent herein stated. Certificate No. 7127077 American Fire and Casualty Company Liberty Mutual Insurance Company The Ohio Casualty Insurance Company West American Insurance Company POWER OF ATTORNEY KNOWN ALL PERSONS BY THESE PRESENTS: ThatAmadcan Fire $ Casualty Company and The Ohio Casualty Insurance Company are corporations duly organized under the laws of the State of New Hampshire, that Liberty Mutual Insurance Company is a corporation duly organized under the laws of the State of Massachusetts, and West American Insurance Company is a corporation duly organized under the Jaws of the State of Indiana (herein collectively called the'Companies"), pursuant to and by authority herein set forth, does hereby name, constitute and appoint, Howard Cowan; Marla Hill all the city of Lubbock , slate of TXeach indjvidually if there be more than one nanletf; its true at►d awful attomey in fact to make, execute, seal, acknowledge and deliver, for and on its behalf as surely and as its act and deed any and all undertakings, bonds, recognizances and other surety obligations, in"pursuance of these presents and shall be as binding upon the Companies as if they have been dulysigned by:lh president and attested bythe se `@Iaryof the,Cpmpanies in their own proper persons. IN WITNESS WHEREOF, this Power of Attorney has been subscribed ,by an authorized officer or official of the Companies and the corporate seals of the Companies have been affixed thereto this 30th day of September 2015 No CA s tv INs 1Nsu wsuR American Fire and Casually Company FoacoRgrFoq�� yJQpiwoRA�Q9y J�Jaroagti�� �Q�R,, �� The Ohio Casualty Insurance Company N a 1906 0 0 1919 n o a o Liberty Mutual Insurance Company m 1912 1997 West mencan Insurance Company e9 d'',yy �NAMP�Qr�aa Ji.y�HAMP5�4�'a4 ���j �SSAON>` !� � �vanNn !` •3 # 1 * * * By. d STATE OF PENNSYLVANIA ss David M. Care ;Assistant Secretary rS �- COUNTY OF MONTGOMERY C t0 ti� On this 30th day of September 2015 _ before me personally appeared David M. Carey, who acknowledged himself to be the Assistant Secretary of American Fire and v h Ow Casualty Company, Liberty Mutual Insurance Company, The Ohio Casualty Insurance Company, and West American Insurance Company, and that he, as such, being authorized so to do, W p execute the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer. ` O IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed my notarial seal at Plymouth Meeting, Pennsylvania, on the day and year first above written. O O" lt; P pqS C COMMONWEALTH OF PENNSYLVANIA/^ , A/G%��� �/' Qti��onwfyrCD FI( Notarial Seal /�� �" �" /jN;�r M rs v Teresa Pastella,Notary Public By: O O L of Plymouth Twp., Montgomery County Teresa Pastella, Notary Public d C My Commission Expires March 28, 2017 3 0� Member, Pennsylvania Association of Notaries a E Ry CThis Power of Attorney is made and executed pursuant to an by authority of the following By-laws and Authorizations of American Fire and Casualty Company, The Ohio Casualty Insurance w o Company, Liberty Mutual Insurance Company, and West American Insurance Company which resolutions are now in full force and effect reading as follows: Os R L ARTICLE IV —OFFICERS — Section 12. Power of Attorney. Any officer or other official of the Corporation authorized for that purpose in writing by the Chairman or the President, and subject O C Jam,, to such limitation as the Chairman or the President may prescribe, shall appoint such attomeys-in-fact, as may be necessary to act in behalf of the Corporation to make, execute, seal,+ O C acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Such attomeys-in-fact, subject to the limitations set forth in their respective y^ powers of attorney, shall have full power to bind the Corporation by their signature and execution of any such instruments and to attach thereto the seal of the Corporation. When so d executed, such instruments shall he as binding as if signed by the President and attested to by the Secretary. Any power or authority granted to any representative or attomey-in-fact under > the provisions of this article may be revoked at any time by the Board, the Chairman, the President or by the officer or officers granting such power or authority. t v N ARTICLE XIII — Execution of Contracts — SECTION 5. Surety Bonds and Undertakings. Any officer of the Company authorized for that purpose in writing by the chairman or the president, E o? iand subject to such limitations as the chairman or the president may prescribe, shall appoint such attomeys-in-fact, as may be necessary to act in behalf of the Company to make, execute, M Z C seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Such attorneys -in -fact subject to the limitations set forth in their O o? respective powers of attorney, shall have full power to bind the Company by their signature and execution of any such instruments and to attach thereto the seal of the Company. When so 00 executed such instruments shall be as binding as if signed by the president and attested by the secretary. O tQ Certificate of Designation — The President of the Company, acting pursuant. to the Bylaws of the Company auUiorizes David M. Carey, Assistant. Secretary to appoint such attomeys-in- ~ fact as may be necessary to act on behalf of the Company to make, execute, seal, acknowledge and deliver is.surety any and all undertakings; bortda, recognizances and other surety obligations. .. ... Authorization - By unanimous consent of the Company's Board of.,Qirectors, the Company consents that facsimile or mechanically reproduced signature of any assistant secretary of the Company, wherever appearing upon a certified copy of any power of attgmey issued by the Companyin connecxiort wilit:*ty bonds, shall be valid and binding upon the Company with the same force and effect as though manually affixed. 1, Gregory W. Davenport, the undersigned, Assistant Secretary, of American Fire.and Casualty Company, The Ohio Casually Insurance Company, -Liberty Mutual Insurance Company, and West American Insurance Company do hereby certify that the original power of attomey of which the foregoing Is a full, true and correct copy of the Power of Attorney executed by said Companies, is in full force and effect and has not revoked. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seals of said Companies this day of 20 a 1906 0 o t9t9, 1912 a 1991 3 By: i x g° Gregory W. Davenport, Assistant Secretary 139 of 200 LMS 12873 122013 CERTIFICATE OF INSURANCE City of Lubbock Front End Documents City of Lubbock Canyon Lakes Sanitary Sewer Interceptor Rehabilitation — Phase 1 0001 11-68 t Page Intentionally Left Blank City of Lubbock Front End Documents City of Lubbock Canyon Lakes Sanitary Sewer Interceptor Rehabilitation — Phase 1 0001 11-69 t ; A� �® CERTIFICATE OF LIABILITY INSURANCE 5/6/20i°6 "' THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: if the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER K&S Insurance Agency 2255 Ridge Road, Ste. 333 P . 0. BOX 277 Rockwall TX 75087 NAME, TACheryl Rogers PHONE (972)771-4071 FAX o (972)771-4695 ADDARIE :crogers@kandsins.com INSURERS AFFORDING COVERAGE NAIC # INSURERA:FCCI Insurance Co. INSURED Utility Contractors of America, Inc., DBA: Utility Contractors of America, Ltd. 5805 CR 7700 Lubbock TX 79424 INSURERB:TeXas Mutual Insurance Co. 22945 INSURER C .Continental Casualty Insurance 20443 INSURERD: INSURERE: INSURERF: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE POLICY NUMBER POLICY EFF MM/DD POLICY EXP MM/DD/YYYY LIMITS GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 DAMAGE TO RENTEIT_ PREMISE Ea occurrence $ � 100 000 A X COMMERCIAL GENERAL LIABILITY CLAIMS -MADE OCCUR CPPOO19154 /5/2015 /5/2016 MED EXP (Any one person) $ 5,000 PERSONAL BADVINJURY $ 1,000,000 GL 084 10/13 - AI GENERAL AGGREGATE $ 2,000,000 GL 025 11/08 - PNC GEHL AGGREGATE LIMIT APPLIES PER: PRODUCTS -COMP/OP AGG $ 2,000,000 GL 088 10/13 - WOS POLICY X PRO LOC $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT Ea accident $ 1,000,000 BODILY INJURY (Per person) $ A ANY AUTO ALL OWNED SCHEDULED AUTOSAUTOS 0027897 /5/2015 /5/2016 Ix BODILY INJURY (Per accident) $ X NON -OWNED HIRED AUTOS AUTOS U 058 12/09 - AI S WOS PROPERTY DAMAGE Per accident $ Uninsured/Underinsured $ 1,000,000 X I UMBRELLA LIAB X OCCUR EACH OCCURRENCE $ 5,000,000 AGGREGATE $ 5,000,000 A EXCESS LIAB CLAIMS -MADE DED X RETENTION$ 10,00C $ 3MOO19631 /5/2015 /5/2016 B WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y / N ANY PROPRIETOWPARTNERIEXECUTIVE OFFICERIMEMBER EXCLUDED? (Mandatory in NH) NIA SF0001204282 /5/2015 /5/2016 X gySTATLIM T OTH- E.L. EACH ACCIDENT $ 1,000,000 E.L. DISEASE - EA EMPLOYEE $ 1,000,000 Ifyes,describe under DESCRIPTION OF OPERATIONS below C420304A 1/00 - WOS E.L. DISEASE - POLICY LIMIT $ 1,000,000 C Leased/Rented Equipment 5086411620 /5/2015 /5/2016 $200,000 Max Limit DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (Attach ACORD 101, Additional Remarks Schedule, If more space Is required) Re: RFP 16-12733-TF Canyon Lake Sanitary Sewer Interceptor Rehabilitation Phase 1 See above listing of additional insured and waiver of subrogation endorsement forms. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City of Lubbock ACCORDANCE WITH THE POLICY PROVISIONS. P.O. Box 2000 AUTHORIZED REPRESENTATIVE Room #204 Lubbock, TX 79457 Johnny Moss/CHERYL -=--� -� ACORD 25 (2010/05) INS025 oninmi m ©1988-2010 ACORD CORPORATION. All rights reserved. Thn Ar npn name and Innn am rnni¢fnrnrl marlec of Ar npn COMMERCIAL GENERAL LIABILITY CGL 084 (1013) THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - AUTOMATIC STATUS WHEN REQUIRED IN CONSTRUCTION AGREEMENT WITH YOU - ONGOING OPERATIONS AND PRODUCTS -COMPLETED OPERATIONS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE FORM SCMtUULt Name of Aaaitionai Insurer Persons or organizations (As required by written contract or agreement per Paragraph A. below.) As required by written contract or agreement. Locations of Covered Operations (As per the written contract or agreement, provided the location is within the "coverage territory".) As per the written contract or agreement, provided the location is within the coverage territory, required to complete will be shown in the Declarations.) A. Section II —Who Is An Insured is amended to include as an additional insured: 1. Any person or organization for whom you are performing operations when you and such person or organization have agreed in writing in a contract or agreement in effect during the term of this policy that such person or organization be added as an additional insured on your policy; and 2. Any other person or organization you are required to add as an additional insured under the contract or agreement described in Paragraph 1. above; and 3. The particular person or organization, if any, scheduled above. Such person(s) or organization(s) is an additional insured only with respect to liability for "bodily injury', "property damage" or "personal and advertising injury" occurring after the execution of the contract or agreement described in Paragraph 1. above and caused, in whole or in part, by: 1. Your acts or omissions; or 2. The acts or omissions of those acting on your behalf in the performance of your ongoing operations for the additional insured; or 3. Your work" performed for the additional insured and included in the "products -completed operations hazard" if such coverage is specifically required in the written contract or agreement. CGL 084 (10 13) Includes copyrighted material of the Insurance Services Offices, Inc, with its permission. Page 1 of 3 Copyright 2013 FCCi Insurance Group. COMMERCIAL GENERAL LIABILITY CGL 084 (10 13) However, the insurance afforded to such additional insured(s) described above: 1. Only applies to the extent permitted by law; 2. Will not be broader than that which you are required by the contract or agreement to provide for such additional insured; 3. Will not be broader than that which is afforded to you under this policy; and 4. Nothing herein shall extend the term of this policy. B. The insurance provided to the additional insured does not apply to "bodily injury", "property damage" or "personal and advertising injury" arising out of the rendering of, or the failure to render, any professional architectural, engineering or surveying services, including: 1. The preparing, approving, or failing to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; or 2. Supervisory, inspection, architectural or engineering activities. C. This insurance is excess over any other valid and collectible insurance available to the additional insured whether on a primary, excess, contingent or any other basis; unless the written contract or agreement requires that this insurance be primary and non-contributory, in which case this insurance will be primary and non-contributory relative to insurance on which the additional insured is a Named Insured. D. With respect to the insurance afforded to these additional insureds, the following is added to Section III — Limits of Insurance: The most we will pay on behalf of the additional insured is the amount of insurance: 1, Required by the contract or agreement described in Paragraph A.1.; or 2. Available under the applicable Limits of Insurance shown in the Declarations; whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. E. Section IV — Commercial General Liability Conditions is amended as follows: The Duties In The Event of Occurrence, Offense, Claim or Suit condition is amended to add the following additional conditions applicable to the additional insured: An additional insured under this endorsement must as soon as practicable: 1. Give us written notice of an 'occurrence" or an offense which may result in a claim or "suit" under this insurance, and of any claim or "suit' that does result; 2. Send us copies of all legal papers received in connection with the claim or "suit', cooperate with us in the investigation or settlement of the claim or defense against the "suit', and otherwise comply with all policy conditions; and 3. Tender the defense and indemnity of any claim or "suit" to any provider of other insurance which would cover the additional insured for a loss we cover under this endorsement and agree to make available all such other insurance. However, this condition does not affect Paragraph C. above. CGL 084 (10 13) Includes copyrighted material of the Insurance Services Offices, Inc. with its permission. Page 2 of 3 Copyright 2013 FCCI Insurance Group, COMMERCIAL GENERAL LIABILITY CGL 084 (10 13) We have no duty to defend or indemnify an additional insured under this endorsement until we receive from the additional insured written notice of a claim or "suit". F. This endorsement does not apply to any additional insured or project that is specifically identified in any other additional insured endorsement attached to the Commercial General Liability Coverage Form. CGL 084 (1013) Includes copyrighted material of the Insurance Services Offices, Inc. with its permission. Page 3 of 3 Copyright 2013 FCC[ Insurance Group. FIRST CHOICE CONTRACTORS LIABILITY ENDORSEMENT TABLE OF CONTENTS DESCRIPTION PAGE AdditionalInsured Coverage....................................................................................................................................10 BailBonds...................................................................................................................................................................9 BlanketWaiver of Subrogation.................................................................................................................................16 BodilyInjury and Property Damage............................................................................................................................1 Care, Custody or Control............................................................................................................................................3 Contractors Errors and Omissions.............................................................................................................................7 Contractual Liability (Personal & Advertising injury)..................................................................................................2 ElectronicData Liability ............................ ..................................................................................................................1 GeneralLiability Conditions......................................................................................................................................14 IncidentalMalpractice...............................................................................................................................................10 Insured......................................................................................................................................................................10 Limited Product Withdrawal Expense.........................................................................................................................4 Limitsof Insurance....................................................................................................................................................12 Loss of Earnings................................................................................................................................. ......10 ................ Newly Formed or Acquired Organizations................................................................................................................12 Non -Owned Watercraft...............................................................................................................................................1 Property Damage Liability — Borrowed Equipment.....................................................................................................1 Tenant's Property and Premises Rented To You.......................................................................................................9 Voluntary Property Damage.................................................................. ..2 COMMERCIAL GENERAL LIABILITY CGL 088 (10 13) THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. FIRST CHOICE CONTRACTORS LIABILITY ENDORSEMENT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE FORM NOTE: The following are additions, replacements and amendments to the Commercial General Liability Coverage Form, and will apply unless excluded by separate endorsement(s) to the Commercial General Liability Coverage Form. The COMMERCIAL GENERAL LIABILITY COVERAGE FORM is amended as follows: SECTION I - COVERAGES, COVERAGE A. BODILY INJURY AND PROPERTY DAMAGE is amended as follows: 1. Extended "Property Damage" Exclusion 2.a., Expected or Intended Injury, is replaced with the following: a. "Bodily injury" or "property damage" expected or intended from the standpoint of the insured. This exclusion does not apply to "bodily injury" or "property damage" resulting from the use of reasonable force to protect persons or property. 2. Non -owned Watercraft Exclusion 2.g. (2) (a) is replaced with the following: (a) Less than 51 feet long; and 3. Property Damage Liability — Borrowed Equipment The following is added to Exclusion 2.j. (4): Paragraph (4) of this exclusion does not apply to "property damage" to borrowed equipment while at a jobsite and not being used to perform operations. The most we will pay for "property damage" to any one borrowed equipment item under this coverage is $25,000 per "occurrence". The insurance afforded under this provision is excess over any other valid and collectible property insurance (including deductible) available to the insured, whether primary, excess, contingent or on any other basis. 4. Limited Electronic Data Liability Exclusion 2.p. is replaced with the following: p. Electronic Data Damages arising out of the loss of, loss of use of, damage to, corruption of, inability to access, or inability to manipulate "electronic data" that does not result from physical injury to tangible property. The most we will pay under Coverage A for "property damage" because of all loss of "electronic data' arising out of any one "occurrence" is $10,000. CGL 088 (10 13) Includes copyrighted material of the Insurance Services Office, Inc., with its permission. Page 1 of 16 Copyright 2013 FCCI Insurance Group COMMERCIAL GENERAL LIABILITY CGL 088 (10 13) We have no duty to investigate or defend claims or "suits" covered by this Limited Electronic Data Liability coverage. The following definition is added to SECTION V — DEFINITIONS of the Coverage Form: "Electronic data" means information, facts or programs stored as or on, created or used on, or transmitted to or from computer software (including systems and applications software), hard or floppy disks, CD- ROMS, tapes, drives, cells, data processing devices or any other media which are used with electronically controlled equipment. For purposes of this Limited Electronic Data Liability coverage, the definition of "Property Damage" in SECTION V — DEFINITIONS of the Coverage Form is replaced by the following: 17. "Property damage" means: a. Physical injury to tangible property, including all resulting loss of use of that property. All such loss of use shall be deemed to occur at the time of the physical injury that caused it; b. Loss of use of tangible property that is not physically injured. All such loss of use shall be deemed to occur at the time of the "occurrence' that caused it; c. Loss of, loss of use of, damage to, corruption of, inability to access, or inability to properly manipulate "electronic data", resulting from physical injury to tangible property. All such loss of "electronic data" shall be deemed to occur at the time of the "occurrence" that caused it. For purposes of this insurance, "electronic data" is not tangible property. SECTION I — COVERAGES, COVERAGE B. PERSONAL AND ADVERTISING INJURY LIABILITY is amended as follows: Paragraph 2.e. Exclusions — the Contractual Liability Exclusion is deleted. SECTION I — COVERAGES, the following coverages are added: COVERAGE D. VOLUNTARY PROPERTY DAMAGE 1. insuring Agreement We will pay, at your request, for "property damage" caused by an 'occurrence", to property of others caused by you, or while in your possession, arising out of your business operations. The amount we will pay for damages is described in SECTION III LIMITS OF INSURANCE. 2. Exclusions This insurance does not apply to: "Property Damage" to: a. Property at premises owned, rented, leased or occupied by you; b. Property while in transit; c. Property owned by, rented to, leased to, loaned to, borrowed by, or used by you; CGL 088 (1013) Includes copyrighted material of the Insurance Services Office, Inc., with its permission. Page 2 of 16 Copyright 2013 FCCI Insurance Group COMMERCIAL GENERAL LIABILITY CGL 088 (10 13) d. Premises you sell, give away, or abandon, if the "property damage" arises out of any part of those premises; e. Property caused by or arising out of the "products -completed operations hazard"; f. Motor vehicles; g. "Your product" arising out of it or any part of it; or h. "Your work" arising out of it or any part of it. 3. Deductible We will not pay for loss in any one "occurrence" until the amount of loss exceeds $250. We will then pay the amount of loss in excess of $250 up to the applicable limit of insurance. 4. Cost Factor In the event of a covered loss, you shall, if requested by us, replace the damaged property or furnish the labor and materials necessary for repairs thereto at your actual cost, excluding profit or overhead charges. The insurance afforded under COVERAGE D is excess over any other valid and collectible property or inland marine insurance (including the deductible applicable to the property or inland marine coverage) available to you whether primary, excess, contingent or any other basis. Coverage D covers unintentional damage or destruction, but does not cover disappearance, theft, or loss of use. The insurance under COVERAGE D does not apply if a loss is paid under COVERAGE E. COVERAGE E. CARE, CUSTODY OR CONTROL 1. Insuring Agreement We will pay those sums that the insured becomes legally obligated to pay as damages because of "property damage" caused by an "occurrence", to property of others while in your care, custody, or control or property of others as to which you are exercising physical control if the "property damage" arises out of your business operations. The amount we will pay for damages is described in SECTION III LIMITS OF INSURANCE. 2. Exclusions This insurance does not apply to: "Property Damage" to: a. Property at premises owned, rented, leased or occupied by you; b. Property while in transit; c. Premises you sell, give away, or abandon, if the "property damage" arises out of any part of those premises; d. Property caused by or arising out of the "products -completed operations hazard"; CGL 088 (10 13) Includes copyrighted material of the Insurance Services Office, Inc., with its permission. Page 3 of 16 Copyright 2013 FCCI Insurance Group COMMERCIAL GENERAL LIABILITY CGL 088 (10 13) e. Motor vehicles; f. "Your product" arising out of it or any part of it; or g. "Your work" arising out of it or any part of it. 3. Deductible We will not pay for loss in any one "occurrence" until the amount of loss exceeds $250. We will then pay the amount of loss in excess of $250 up to the applicable limit of insurance. 4. Cost Factor In the event of a covered loss, you shall, if requested by us, replace the damaged property or furnish the labor and materials necessary for repairs thereto at your actual cost, excluding profit or overhead charges. The insurance afforded under COVERAGE E is excess over any other valid and collectible property or inland marine insurance (including the deductible applicable to the property or inland marine coverage) available to you whether primary, excess, contingent or any other basis. The insurance under COVERAGE E does not apply if a loss is paid under COVERAGE D. COVERAGE F. LIMITED PRODUCT WITHDRAWAL EXPENSE 1. Insuring Agreement a. If you area "seller", we will reimburse you for "product withdrawal expenses" associated with "your product" incurred because of a "product withdrawal" to which this insurance applies. The amount of such reimbursement is limited as described in SECTION III - LIMITS OF INSURANCE. No other obligation or liability to pay sums or perform acts or services is covered. a, This insurance applies to a "product withdrawal" only if the "product withdrawal" is initiated in the "coverage territory" during the policy period because: (1) You determine that the "product withdrawal" is necessary; or (2) An authorized government entity has ordered you to conduct a "product withdrawal". c. We will reimburse only those "product withdrawal expenses" which are incurred and reported to us within one year of the date the "product withdrawal" was initiated. d. The initiation of a "product withdrawal" will be deemed to have been made only at the earliest of the following times: (1) When you have announced, in any manner, to the general public, your vendors or to your employees (other than those employees directly involved in making the determination) your decision to conduct a "product withdrawal" This applies regardless of whether the determination to conduct a "product withdrawal" is made by you or is requested by a third party; (2) When you received, either orally or in writing, notification of an order from an authorized government entity to conduct a "product withdrawal; or CGL 088 (1013) Includes copyrighted material of the Insurance Services Office, Inc., with its permission. Page 4 of 16 Copyright 2013 FCCI Insurance Group COMMERCIAL GENERAL LIABILITY CGL 088 (10 13) (3) When a third party has initiated a "product withdrawal" and you communicate agreement with the "product withdrawal", or you announce to the general public, your vendors or to your employees (other than those employees directly involved in making the determination) your decision to participate in the "product withdrawal", whichever comes first. e. "Product withdrawal expenses" incurred to withdraw "your products" which contain: (1) The same "defect" will be deemed to have arisen out of the same "product withdrawal"; or (2) A different "defect" will be deemed to have arisen out of a separate "product withdrawal" if newly determined or ordered in accordance with paragraph 1.1b of this coverage. 2. Exclusions This insurance does not apply to "product withdrawal" expenses" arising out of. a. Any "product withdrawal" initiated due to: (1) The failure of "your products" to accomplish their intended purpose, including any breach of warranty of fitness, whether written or implied. This exclusion does not apply if such failure has caused or is reasonably expected to cause "bodily injury" or physical damage to tangible property. (2) Copyright, patent, trade secret or trademark infringements; (3) Transformation of a chemical nature, deterioration or decomposition of "your product", except if it is caused by: (a) An error in manufacturing, design, processing or transportation of "your product"; or (b) "Product tampering". (4) Expiration of the designated shelf life of "your product". b. A "product withdrawal", initiated because of a "defect" in "your product" known to exist by the Named Insured or the Named Insured's "executive officers", prior to the inception date of this Coverage Part or prior to the time "your product" leaves your control or possession. c. Recall of any specific products for which "bodily injury" or "property damage" is excluded under Coverage A - Bodily Injury And Property Damage Liability by endorsement. d. Recall of "your products" which have been banned from the market by an authorized government entity prior to the policy period. e. The defense of a claim or "suit" against you for "product withdrawal expenses". 3. For the purposes of the insurance afforded under COVERAGE F, the following is added to 2. Duties In The Event Of Occurrence, Offense, Claim Or Suit Condition under SECTION IV -- COMMERCIAL GENERAL LIABILITY CONDITIONS: e. Duties 1n The Event Of A "Defect" Or A "Product Withdrawal" (1) You must see to it that we are notified as soon as practicable of any actual, suspected or threatened "defect" in "your products", or any governmental investigation, that may result in a "product withdrawal". To the extent possible, notice should include: CGL 088 (1013) Includes copyrighted material of the Insurance Services Office, Inc., with its permission. Page 5 of 16 Copyright 2013 FCCI Insurance Group COMMERCIAL GENERAL LIABILITY CGL 088 (10 13) (a) How, when and where the "defect" was discovered; (b) The names and addresses of any injured persons and witnesses; and (c) The nature, location and circumstances of any injury or damage arising out of use or consumption of "your product". (2) If a "product withdrawal" is initiated, you must: (a) Immediately record the specifics of the "product withdrawal" and the date it was initiated; (b) Send us written notice of the "product withdrawal" as soon as practicable; and (c) Not release, consign, ship or distribute by any other method, any product, or like or similar products, with an actual, suspected or threatened defect. (3) You and any other involved insured must: (a) Immediately send us copies of pertinent correspondence received in connection with the "product withdrawal'; (b) Authorize us to obtain records and other information; and (c) Cooperate with us in our investigation of the "product withdrawal". 4. For the purposes of this Coverage F, the following definitions are added to the Definitions Section: a. "Defect" means a defect, deficiency or inadequacy that creates a dangerous condition. b. "Product tampering" is an act of intentional alteration of "your product" which may cause or has caused "bodily injury" or physical injury to tangible property. When "product tampering" is known, suspected or threatened, a "product withdrawal" will not be limited to those batches of "your product" which are known or suspected to have been tampered with. c. "Product withdrawal" means the recall or withdrawal of "your products", or products which contain "your products", from the market or from use, by any other person or organization, because of a known or suspected "defect" in "your product", or a known or suspected "product tampering", which has caused or is reasonably expected to cause "bodily injury" or physical injury to tangible property. d. "Product withdrawal expenses" means those reasonable and necessary extra expenses, listed below paid and directly related to a "product withdrawal": (1) Costs of notification; (2) Costs of stationery, envelopes, production of announcements and postage or facsimiles; (3) Costs of overtime paid to your regular non -salaried employees and costs incurred by your employees, including costs of transportation and accommodations; (4) Costs of computer time; (5) Costs of hiring independent contractors and other temporary employees; (6) Costs of transportation, shipping or packaging; CGL 088 (1013) Includes copyrighted material of the Insurance Services Office, Inc., with its permission. Page 6 of 16 Copyright 2013 FCCI Insurance Group COMMERCIAL GENERAL LIABILITY CGL 088 (10 13) (7) Costs of warehouse or storage space; or (8) Costs of proper disposal of "your products", or products that contain "your products", that cannot be reused, not exceeding your purchase price or your cost to produce the products; but "product withdrawal expenses" does not include costs of the replacement, repair or redesign of "your product", or the costs of regaining your market share, goodwill, revenue or profit. e. "Seller' means a person or organization that manufactures, sells or distributes goods or products. "Seller" does not include a "contractor' as defined elsewhere in this endorsement. The insurance under COVERAGE F does not apply if a loss is paid under COVERAGE G. COVERAGE G. CONTRACTORS ERRORS AND OMISSIONS 1. Insuring Agreement If you are a "contractor', we will pay those sums that you become legally obligated to pay as damages because of "property damage" to "your product", "your work" or "impaired property", due to faulty workmanship, material or design, or products including consequential loss, to which this insurance applies, The damages must have resulted from your negligent act, error or omission while acting in your business capacity as a contractor or subcontractor or from a defect in material or a product sold or installed by you while acting in this capacity. The amount we will pay for damages is described in SECTION III LIMITS OF INSURANCE. We have no duty to investigate or defend claims or "suits" covered by this Contractors Errors or Omissions coverage. This coverage applies only if the "property damage" occurs in the "coverage territory" during the policy period. This coverage does not apply to additional insureds, if any. Supplementary Payments — Coverage A and B do not apply to Coverage G. Contractors Errors and Omissions. 2. Exclusions This insurance does not apply to: a. "Bodily injury" or "personal and advertising injury". b. Liability or penalties arising from a delay or failure to complete a contract or project, or to complete a contract or project on time. c. Liability because of an error or omission: (1) In the preparation of estimates or job costs; (2) Where cost estimates are exceeded; (3) In the preparation of estimates of profit or return on capital; (4) In advising or failure to advise on financing of the work or project; or (5) In advising or failing to advise on any legal work, title checks, form of insurance or suretyship. CGL 088 (10 13) Includes copyrighted material of the Insurance Services Office, Inc., with its permission. Page 7 of 16 Copyright 2013 FCCI Insurance Group COMMERCIAL GENERAL LIABILITY CGL 088 (10 13) d. Any liability which arises out of any actual or alleged infringement of copyright or trademark or trade dress or patent, unfair competition or piracy, or theft or wrongful taking of concepts or intellectual property. e. Any liability for damages: (1) From the intentional dishonest, fraudulent, malicious or criminal acts of the Named Insured, or by any partner, member of a limited liability company, or executive officer, or at the direction of any of them; or (2) Which is in fact expected or intended by the insured, even if the injury or damage is of a different degree or type than actually expected or intended. f. Any liability arising out of manufacturer's warranties or guarantees whether express or implied. g. Any liability arising from "property damage" to property owned by, rented or leased to the insured. h. Any liability incurred or "property damage" which occurs, in whole or in part, before you have completed "your work." "Your work" will be deemed completed at the earliest of the following times: (1) When all of the work called for in your contract or work order has been completed; (2) When all the work to be done at the job site has been completed if your contract calls for work at more than one job site; or (3) When that part of the work done at a job site has been put to its intended use by any person or organization other than another contractor or subcontractor working on the same project. Work that may need service or maintenance, correction, repair or replacement, but which is otherwise complete, will be treated as complete. i. Any liability arising from "property damage" to products that are still in your physical possession. j. Any liability arising out of the rendering of or failure to render any professional services by you or on your behalf, but only with respect to either or both of the following operations: (1) Providing engineering, architectural or surveying services to others; and (2) Providing or hiring independent professionals to provide engineering, architectural or surveying services in connection with construction work you perform. Professional services include the preparing, approving or failing to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders, or drawings and specifications. Professional services also include supervisory or inspection activities performed as part of any related architectural or engineering activities. But, professional services do not include services within construction means, methods, techniques, sequences and procedures employed by you in connection with construction work you perform. k. Your loss of profit or expected profit and any liability arising therefrom. I. "Property damage" to property other than "your product," "your work" or "impaired property." m. Any liability arising from claims or "suits" where the right of action against the insured has been relinquished or waived, CGL 088 (1013) Includes copyrighted material of the Insurance Services Office, Inc., with its permission. Page 8 of 16 Copyright 2013 FCCI Insurance Group COMMERCIAL GENERAL LIABILITY CGL 088 (10 13) n. Any liability for "property damage" to "your work" if the damaged work or the workout of which the damage arises was performed on your behalf by a subcontractor. o. Any liability arising from the substitution of a material or product for one specified on blueprints, work orders, contracts or engineering specifications unless there has been written authorization, or unless the blueprints, work orders, contracts or engineering specifications were written by you, and you have authorized the changes. p. Liability of others assumed by the insured under any contract or agreement, whether oral or in writing. This exclusion does not apply to liability for damages that the insured would have in the absence of the contract or agreement. 3. For the purposes of Coverage G, the following definition is added to the Definitions section: a. "Contractor" means a person or organization engaged in activities of building, clearing, filing, excavating or improvement in the size, use or appearance of any structure or land. "Contractor" does not include a "seller" as defined elsewhere In this endorsement. 4. Deductible We will not pay for loss in any one "occurrence" until the amount of loss exceeds $250. The limits of insurance will not be reduced by the application of the deductible amount. We may pay any part or all of the deductible amount to effect settlement of any claim or "suit", and upon notification of the action taken, you shall promptly reimburse us for such part of the deductible amount as has been paid by us. 5. Cost Factor In the event of a covered loss, you shall, if requested by us, replace the damaged property or furnish the labor and materials necessary for repairs thereto at your actual cost, excluding profit or overhead charges. The insurance under COVERAGE G does not apply if a loss is paid under COVERAGE F. EXPANDED COVERAGE FOR TENANT'S PROPERTY AND PREMISES RENTED TO YOU The first paragraph after subparagraph (6) in Exclusion j., Damage to Property is amended to read as follows: Paragraphs (1), (3) and (4) of this exclusion do not apply to "property damage" (other than damage by fire) to premises, including the contents of such premises, rented to you. A separate limit of insurance applies to Damage To Premises Rented To You as described in Section III — Limits Of Insurance. SECTION I - COVERAGES, SUPPLEMENTARY PAYMENTS — COVERAGE A and B is amended as follows: All references to SUPPLEMENTARY PAYMENTS — COVERAGES A and B are amended to SUPPLEMENTARY PAYMENTS — COVERAGES A, B, D, E, and G. 1. Cost of Bail Bonds Paragraph 1.b. is replaced with the following: b. Up to $2,500 for cost of bail bonds required because of accidents or traffic law violations arising out of the use of any vehicle to which the Bodily Injury Liability Coverage applies. We do not have to furnish these bonds. CGL 088 (10 13) Includes copyrighted material of the Insurance Services Office, Inc., with its permission. Page 9 of 16 Copyright 2013 FCCI Insurance Group COMMERCIAL GENERAL LIABILITY CGL 088 (10 13) 2. Loss of Earnings Paragraph 1.d. is replaced with the following: d. All reasonable expenses incurred by the insured at our request to assist us in the investigation or defense of the claim or "suit", including actual loss of earnings up to $500 a day because of time off from work. SECTION II — WHO IS AN INSURED Is amended as follows: 1. Incidental Malpractice Paragraph 2.a.(1)(d) is replaced with the following: (d) Arising out of his or her providing or failing to provide professional health care services. However, this exclusion does not apply to a nurse, emergency medical technician or paramedic employed by you to provide medical services, unless: (i) You are engaged in the occupation or business of providing or offering medical, surgical, dental, x-ray or nursing services, treatment, advice or instruction; or (ii) The "employee" has another insurance that would also cover claims arising under this provision, whether the other insurance is primary, excess, contingent or on any other basis. 2. Broadened Who Is An Insured The following are added to Paragraph 2.: Subsidiaries e. Your subsidiaries if: (1) They are legally incorporated entities; and (2) You own more than 50% of the voting stock in such subsidiaries as of the effective date of this policy. If such subsidiaries are not shown in the Declarations, you must report them to us within 180 days of the inception of your original policy. Additional Insureds f. Any person or organization described in paragraphs g. through k. below whom you are required to add as an additional insured on this policy under a written contract or agreement in effect during the term of this policy, provided the written contract or agreement was executed prior to the "bodily injury", "property damage" or"personal and advertising injury" for which the additional insured seeks coverage. However, the insurance afforded to such additional insured(s): (1) Only applies to the extent permitted by law; (2) Will not be broader than that which you are required by the contract or agreement to provide for such additional insured; (3) Will not be broader than that which is afforded to you under this policy; (4) Is subject to the conditions described in paragraphs g. through k. below, and CGL 088 (1013) Includes copyrighted material of the Insurance Services Office, Inc., with its permission. Page 10 of 16 Copyright 2013 FCC[ Insurance Group COMMERCIAL GENERAL LIABILITY CGL 088 (10 13) (5) Nothing herein shall extend the term of this policy. g. Owner, Lessor or Manager of Premises If the additional insured is an owner, lessor or manager of premises, such person or organization shall be covered only with respect to liability arising out of the ownership, maintenance or use of that part of any premises leased to you and subject to the following additional exclusions: (1) Any "occurrence" that takes place after you cease to occupy those premises; or (2) Structural alterations, new construction or demolition operations performed by or on behalf of such person or organization. h. State or Governmental Agency or Subdivision or Political Subdivision —Permits or Authorizations If the additional insured is the state or any political subdivision, the state or political subdivision shall be covered only with respect to operations performed by you or on your behalf for which the state or political subdivision has issued a permit or authorization. This insurance does not apply to: (1) "Bodily injury", "property damage", or "personal and advertising injury" arising out of operations performed for the federal government, state or municipality; or (2) "Bodily injury" or "property damage" included within the "products -completed operations hazard". i. Lessor of Leased Equipment If the additional insured is a lessor of leased equipment, such lessor shall be covered only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by your maintenance, operation or use of equipment leased to you by such person(s) or organization(s). With respect to the insurance afforded to these additional insureds, this insurance does not apply to any "occurrence" which takes place after the equipment lease expires. j. Mortgagee, Assignee, or Receiver If the additional Insured is a mortgagee, assignee, or receiver of premises, such mortgagee, assignee or receiver of premises is an additional insured only with respect to their liability as mortgagee, assignee, or receiver and arising out of the ownership, maintenance, or use of the premises by you. This insurance does not apply to structural alterations, new construction and demolition operations performed by or for that person or organization. k. Vendor If the additional insured is a vendor, such vendor is an additional insured only with respect to "bodily injury" or "property damage" caused by "your products" which are distributed or sold in the regular course of the vendor's business, subject to the following additional exclusions: (1) The insurance afforded to the vendor does not apply to: (a) "Bodily injury" or "property damage" for which the vendor is obligated to pay damages by reason of the assumption of liability in a contract or agreement. This exclusion does not apply to liability for damages that the vendor would have in absence of the contract or agreement. (b) Any express warranty unauthorized by you; CGL 088 (10 13) Includes copyrighted material of the Insurance Services Office, Inc., with its -permission. Page 11 of 18 Copyright 2013 FCCI Insurance Group COMMERCIAL GENERAL LIABILITY CGL 088 (1013) (c) Any physical or chemical change in "your product" made intentionally by the vendor; (d) Repackaging, unless unpacked solely for the purpose of inspection, demonstration, testing, or the substitution of parts under instructions from the manufacturer, and then repackaged in the original container; (e) Any failure to make such inspections, adjustments, tests or servicing as the vendor has agreed to make or normally undertakes to make in the usual course of business, in connection with the distribution or sale of the products; (f) Demonstration, installation, servicing or repair operations, except such operations performed at the vendor's premises in connection with the sale of the product; (g) Products which, after distribution or sale by you, have been labeled or relabeled or used as a container, part or ingredient of any other thing or substance by or for the vendor; or (h) "Bodily injury" or "property damage" arising out of the sole negligence of the vendor for its own acts or omissions or those of its own acts or omissions or those of its employees or anyone else acting on its behalf. However, this exclusion does not apply to: i. The exceptions contained in Subparagraphs d. or f.; or ii. Such inspections, adjustments, tests or servicing as the vendor has agreed to make or normally undertakes to make in the usual course of business, in connection with the distribution or sale of the products. (2) This insurance does not apply to any insured person or organization, from whom you have acquired such products, or any ingredient, part or container, entering into, accompanying or containing such products. 3. Newly Formed or Acquired Organizations Paragraph 3. is amended as follows: a. Coverage under this provision is afforded until the end of the policy period. d. Coverage A does not apply to product recall expense arising out of any withdrawal or recall that occurred before you acquired or formed the organization. SECTION III — LIMITS OF INSURANCE is amended as follows; 1. Paragraph 2. is replaced with the following: 2. The General Aggregate Limit is the most we will pay for the sum of: a. Medical expenses under Coverage C; b. Damages under Coverage A, except damages because of "bodily injury" or "property damage" included in the "products -completed operations hazard"; c. Damages under Coverage B; d. Voluntary "property damage" payments under Coverage D; and e. Care, Custody or Control damages under Coverage E. CGL 088 (1013) Includes copyrighted material of the Insurance Services Office, Inc., with its permission. Page 12 of 16 Copyright 2013 FCCI Insurance Group COMMERCIAL GENERAL LIABILITY CGL 088 (10 13) 2. Paragraph 5. is replaced with the following: 5. Subject to Paragraph 2. or 3. above, whichever applies, the Each Occurrence Limit is the most we will pay for the sum of: a. Damages under Coverage A; b. Medical expenses under Coverage C; c. Voluntary "property damage' payments under Coverage D; d. Care, Custody or Control damages under Coverage E; e. Limited Product Withdrawal Expense under Coverage F; and f. Contractors Errors and Omissions under Coverage G. because of all "bodily injury" and "property damage' arising out of any one "occurrence". 3. Paragraph 6. is replaced with the following: 6. Subject to Paragraph 5. above the Damage To Premises Rented To You Limit is the most we will pay under Coverage A for damages because of "property damage' to any one premises, while rented to you, or in the case of damage by fire or explosion, while rented to you or temporarily occupied by you with permission of the owner. The Damage to Premises Rented to You Limit is the higher of the Each Occurrence Limit shown in the Declarations or the amount shown in the Declarations as Damage To Premises Rented To You Limit. 4. Paragraph 7. is replaced with the following: 7. Subject to Paragraph 5. above, the higher of $10,000 or the Medical Expense Limit shown in the Declarations is the most we will pay under Coverage C for all medical expenses because of "bodily injury" sustained by any one person. 5. Paragraph 8. is added as follows: 8. Subject to Paragraph 5. above, the most we will pay under Coverage D. Voluntary Property Damage for loss arising out of any one "occurrence" is $1,500. The most we will pay in any one -policy period, regardless of the number of claims made or suits brought, is $3,000. 6. Paragraph 9. is added as follows: 9. Subject to Paragraph 5. above, the most we will pay under Coverage E. Care, Custody or Control for "property damage" arising out of any one 'occurrence' is $1,000. The most we will pay in any one -policy period, regardless of the number of claims made or suits brought, is $5,000. 7. Paragraph 10. is added as follows: 10. Subject to Paragraph 5. above, the most we will pay under Coverage F. Limited Product Withdrawal Expense for "product withdrawal expenses" in any one -policy period, regardless of the number of insureds, "product withdrawals" initiated or number of "your products" withdrawn is $10,000. CGL 088 (10 13) Includes copyrighted material of the Insurance Services Office, Inc., with its permission. Page 13 of 16 Copyright 2013 FCCI Insurance Group COMMERCIAL GENERAL LIABILITY CGL 088 (10 13) 8. Paragraph 11. is added as follows: 11. Subject to Paragraph 5. above, the most we will pay under Coverage G. Contractors Errors and Omissions for damage in any one -policy period, regardless of the number of insureds, claims or "suits" brought, or persons or organizations making claim or bringing "suits" is $10,000. For errors in contract or job specifications or in recommendations of products or materials to be used, this policy will not pay for additional costs of products and materials to be used that would not have been incurred had the correct recommendations or specifications been made. 9. Paragraph 12. is added as follows: 12. The General Aggregate Limit applies separately to: a. Each of your projects away from premises owned by or rented to you; or b. Each "location" owned by or rented to you. "Location" as used in this paragraph means premises involving the same or connecting lots, or premises whose connection is interrupted only by a street, roadway, waterway or right-of-way of a railroad. 10. Paragraph 13. is added as follows: 13. With respect to the insurance afforded to any additional insured provided coverage under this endorsement: If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance: a. Required by the contract or agreement; or b. Available under the applicable Limits of Insurance shown in the Declarations; whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. SECTION IV — COMMERCIAL GENERAL LIABILITY CONDITIONS is amended as follows: 1. Subparagraph 2.a. of Duties In The Event Of Occurrence, Offense, Claim, or Suit is replaced with the following: a. You must see to it that we are notified as soon as practicable of an 'occurrence" or an offense which may result in a claim. This requirement applies only when the 'occurrence" or offense is known to the following: (1) An individual who is the sole owner; (2) A partner, if you are a partnership or joint venture; (3) An "executive officer" or insurance manager, if you are a corporation; (4) A manager, if you are a limited liability company; CGL 088 (10 13) Includes copyrighted material of the Insurance Services Office, Inc., with its permission. Page 14 of 16 Copyright 2013 FCC[ Insurance Group COMMERCIAL GENERAL LIABILITY CGL 088 (1013) (5) A person or organization having proper temporary custody of your property if you die; (6) The legal representative of you if you die; or (7) A person (other than an "employee") or an organization while acting as your real estate manager. To the extent possible, notice should include: (1) How, when and where the "occurrence" or offense took place; (2) The names and addresses of any injured persons and witnesses; and (3) The nature and location of any injury or damage arising out of the "occurrence" or offense. 2. The following is added to Subparagraph 2.b. of Duties In The Event Of Occurrence, Offense, Claim, or Suit: The requirement in 2.b.applies only when the "occurrence" or offense is known to the following: (1) An individual who is the sole owner; (2) A partner or insurance manager, if you are a partnership or joint venture; (3) An "executive officer' or insurance manager, if you are a corporation; (4) A manager or insurance manager, if you are a limited liability company; (5) Your officials, trustees, board members or insurance manager, if you are a not -for -profit organization; (6) A person or organization having proper temporary custody of your property if you die; (7) The legal representative of you if you die; or (8) A person (other than an "employee") or an organization while acting as your real estate manager. 3. The following is added to paragraph 2. of Duties in the Event of Occurrence, Offense, Claim or Suit: e. If you report an "occurrence" to your workers compensation carrier that develops into a liability claim for which coverage is provided by the Coverage Form, failure to report such an `occurrence" to us at the time of the "occurrence" shall not be deemed a violation of paragraphs a., b., and c. above. However, you shall give written notice of this "occurrence" to us as soon as you become aware that this "occurrence" may be a liability claim rather than a workers compensation claim. 4. Paragraph 6. Is replaced with the following: 6. Representations By accepting this policy, you agree: a. The statements in the Declarations are accurate and complete; b. Those statements are based upon representations you made to us; and c. We have issued this policy in reliance upon your representations. CGL 088 (1013) Includes copyrighted material of the Insurance Services Office, Inc., with its permission. Page 15 of 16 Copyright 2013 FCCI Insurance Group COMMERCIAL GENERAL LIABILITY CGL 088 (10 13) Any error or omission in the description of, or failure to completely describe or disclose any premises, operations or products intended to be covered by the Coverage Form will not invalidate or affect coverage for those premises, operations or products, provided such error or omission or failure to completely describe or disclose premises, operations or products was not intentional. You must report such error or omission to us as soon as practicable after its discovery. However, this provision does not affect our right to collect additional premium charges or exercise our right of cancellation or nonrenewal. 5. The following is added to paragraph 8. Transfer Of Rights Of Recovery Against Others To Us: However, we waive any right of recovery we may have because of payments we make for injury or damage arising out of your ongoing operations or "your work" included in the "products -completed operations hazard" under the following conditions: a) Only when you have agreed in writing to waive such rights of recovery in a contract or agreement; b) Only as to the person/entity as to whom you are required by the contract to waive rights of recovery; and c) Only if the contract or agreement is in effect during the term of this policy, and was executed by you prior to the loss. 6. Paragraph 10. is added as follows: 10. Liberalization If we revise this Coverage Form to provide more coverage without additional premium charge, your policy will automatically provide the additional coverage as of the day the revision is effective in the applicable state(s). CGL 088 (10 13) Includes copyrighted material of the Insurance Services Office, Inc., with its permission. Page 16 of 16 Copyright 20113 FCCI Insurance Group COMMERCIAL GENERAL LIABILITY CGL 025 (11 08) THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSUREDS - PRIMARYMON-CONTRIBUTORY COVERAGE WHEN REQUIRED BY CONTRACT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE FORM The following is added to SECTION IV — Commercial General Liability Conditions, Paragraph 4, entitled "Other Insurance", subsection b. entitled "Excess Insurance", paragraph (1): This insurance is excess over: (v) Any other insurance naming an additional insured as an insured on a primary basis, excess, contingent or on any other basis unless a written contract specifically requires that this insurance be primary and noncontributing. The written contract must be currently in effect or become effective during the term of this policy and must be executed prior to the "bodily injury", "property damage" or "personal and advertising injury." CGL 025 (11 OE) Includes copyrighted material of Insurance Services Office, with its permission. Page 1 of 1 Copyright 2008 FCCI Insurance Group. AUTO FIRST CHOICE COVERAGE ENDORSEMENT TABLE OF CONTENTS DESCRIPTION PAGE AirbagCoverage....................................................................................................................................................... 3 AutoLoan/Lease Gap Coverage.............................................................................................................................. 3 BroadForm Insured..................................................................................................................................................1 Concealment, Misrepresentation or Fraud .............................................. 5 ................................................................. Deductible................................................................................................................................................................. 3 Duties in the Event of Accident, Claim, Suit or Loss................................................................................................4 FellowEmployee...................................................................................................................................................... 2 FireDepartment Service Charge.............................................................................................................................. 3 HiredAuto Physical Damage.................................................................................................................................... 5 Lossof Earnings.......................................................................................................................................................2 Lossof Use Expenses..............................................................................................................................................2 SupplementaryPayments........................................................................................................................................ 2 Transfer of Rights of Recovery Against Others to Us.............................................................................................. 4 TransportationExpenses..........................................................................................................................................2 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. AUTO FIRST CHOICE COVERAGE ENDORSEMENT This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM NOTE: The following are additions, replacements and amendments to the Business Auto Coverage Form, and will apply unless excluded by separate endorsement(s) to the Business Auto Coverage Form. With respect to coverages provided by this endorsement, the provisions of the Business Auto Coverage Form apply unless modified by this endorsement. The Business Auto Coverage Form is amended as follows: SECTION 11-- LIABILITY COVERAGE is amended as follows: A.I. Who Is An insured provision is amended by adding the following: d. Any legally incorporated subsidiary of yours in which you own more than 50% of the voting stock on the effective date of this coverage form. However, "insured" does not include any subsidiary that is an "Insured" under any other liability policy or would be an "insured" under such a policy but for its termination or the exhaustion of its limits of insurance. In order for such subsidiaries to be considered insured under this policy, you must notify us of such subsidiaries within 60 days of policy effective date. e. Any organization you newly acquire or form during the policy period, other than a partnership or joint venture, and over which you maintain sole ownership or a majority interest. However, coverage under this provision: (1) Does not apply if the organization you acquire or form is an "insured" under another liability policy or would be an "insured" under such a policy but for its termination or the exhaustion of its limits of insurance; (2) Does not apply to "bodily injury" or "property damage" that occurred before you acquired or formed the organization; and (3) Is afforded only for the first 90 days after you acquire or form the organization or until the end of the policy period, whichever comes first. f. Any person or organization who is required under a written contract or agreement between you and that person or organization, that is signed and executed by you before the "bodily injury" or "property damage" occurs and that is in effect during the policy period, to be named as an additional insured is an "insured" for Liability Coverage, but only for damages to which this insurance applies and only to the extent that person or organization qualifies as an "insured" under the Who Is An Insured provision contained in Section II. g. Any "employee" of yours using: (1) a covered "auto" you do not own, hire or borrow, or a covered "auto" not owned by an "employee" or a member of his or her household, while performing duties related to the conduct of your business or your personal affairs; or CAU 058 (12 09) Includes copyrighted material of the Insurance Services Office, Inc., with its permission. Page 1 of 5 Copyright 2009 FCCI Insurance Group. COMMERCIAL AUTO CAU 058 (12 09) (2) an "auto" hired or rented under a contract or agreement in that "employee's" name, with your permission, while performing duties related to the conduct of your business. However, your "employee" does not qualify as an insured under this paragraph (2) while using a covered "auto" rented from you or from any member of the "employee's" household h. Your members, if you are a limited liability company, while using a covered "auto" you do not own, hire or borrow, while performing duties related to the conduct of your business or your personal affairs. A.2. Coverage Extensions, Supplementary Payments a.(2) and a (4) are deleted and replaced with the following: (2) Up to $3,000 for cost of bail bonds (including bond for related traffic violations) required because of an "accident" we cover. We do not have to furnish these bonds. (4) All reasonable expenses incurred by the "insured" solely at our request, including actual loss of earnings up to $500 a day because of time off from work. B. Exclusions 5. Fellow Employee "Bodily injury" to any fellow "employee" of the "insured" arising out of and in the course of a fellow "employee's" employment or while performing duties related to the conduct of your business. However, this exclusion does not apply to your "employees" that are officers or managers if the "bodily injury" results from the use of a covered "auto" you own, hire or borrow. Coverage is excess over any other collectible insurance. SECTION ill — PHYSICAL DAMAGE COVERAGE is amended as follows: A. 4. Coverage Extensions a. and b. are deleted and replaced with the following; a. Transportation Expenses: We will pay up to $75 per day to a total maximum of $2,000 for temporary transportation expense incurred by you due to covered loss to any covered auto. We will pay only for those covered "autos" for which you carry either Comprehensive or Specified Causes Of Loss Coverage. We will pay for temporary transportation expenses incurred during the period beginning 24 hours after a loss and ending, regardless of the policy's expiration, when the covered "auto" is returned to use or we pay for its "loss". b. Loss of Use Expenses For Hired Auto Physical Damage, we will pay expenses for which an "insured" becomes legally responsible to pay for toss of use of a vehicle rented or hired without a driver, under a written rental contract or agreement. We will pay for loss of use expenses if caused by: (1) Other than collision only if the Declarations indicate that Comprehensive Coverage is provided for hired "autos'; (2) Specified Causes of Loss only if the Declarations indicate that Specified Causes of Loss Coverage is provided for hired "autos"; or (3) Collision only if the Declarations indicate that Collision Coverage is provided for hired "autos". However, the most we will pay for any expenses for loss of use to any one vehicle is $75 per day, to a total maximum of $2,000. CAU 058 (12 09) Includes copyrighted material of the Insurance Services Office, Inc., with its permission. Page 2 of 5 Copyright 2009 FCCI Insurance Group. COMMERCIAL AUTO CAU 058 (12 09) B. Exclusions Paragraph 3. Is replaced with the following: 3. We will not pay for "loss" caused by or resulting from any of the following unless caused by other "loss" that is covered by this insurance: a. Wear and tear, freezing, mechanical or electrical breakdown b. Blowouts, punctures or other road damage to tires However, this exclusion does not include the discharge of an airbag in a covered "auto" you own that inflates due to a cause other than a cause of "loss" set forth in Paragraphs A.1.b and A.1.c.but only: a. If that "auto" is a covered "auto" for Comprehensive Coverage under this policy; b. The airbags are not covered under any warranty; and c. The airbags were not intentionally inflated We will pay up to a maximum of $1,000 for any one "loss". D. Deductible is replaced with the following: For each covered "auto", our obligation to pay for, repair, return or replace damaged or stolen property will be reduced by the applicable deductible shown in the Declarations subject to the following: Any Comprehensive Coverage deductible shown in the Declarations does not apply to: (1) "loss" caused by fire or lightning, and no deductible applies to glass damage if the glass is repaired rather than replaced, (2) the comprehensive deductible is waived for theft if your vehicle is equipped with an active GPS tracking system. The following Coverage Extension is added: c. Fire Department Service Charge When a fire department is called to save or protect a covered "auto", its equipment, its contents, or occupants from a covered cause of loss, we will pay up to $1,000 for your liability for fire department service charges assumed by contractor or agreement prior to loss. No deductible applies to this additional coverage. d. Auto Loan/Lease Gap Coverage For those businesses not shown in the Declarations as "auto" dealerships, the following provisions apply: (1) If a long term leased "auto", under an original lease agreement, is a covered "auto" under this Coverage Form and the lessor of the covered "auto" is named as an additional insured under this policy, in the event of a total loss to the leased covered "auto", we will pay any unpaid amount due on the lease, less the amount paid under the Physical Damage Coverage Section of the policy; and less any: CAU 058 (12 09) Includes copyrighted material of the Insurance Services Office, Inc., with its permission. Page 3 of 5 Copyright 2009 FCC[ Insurance Group. COMMERCIAL AUTO CAU 058 (12 09) (a) Overdue lease or loan payments including penalties, interest, or other charges resulting from overdue payments at the time of the "loss"; (b) Financial penalties imposed under a lease for excessive use, abnormal wear and tear or high mileage; (c) Security deposits not refunded by the lessor; (d) Costs for extended warranties, Credit Life Insurance, Health Accident or Disability Insurance purchased with the loan or lease; and (e) Carry-over balances from previous leases. (2) If an owned "auto" is a covered "auto" under this Coverage Form and the loss payee of the covered "auto" is named a loss payee under this policy, in the event of a total loss to the covered "auto", we will pay any unpaid amount due on the loan, less the amount paid under the Physical Damage Coverage Section of the policy; and less any; (a) Overdue loan payments at the time of the "loss"; (b) Costs for extended warranties, Credit Life Insurance, Heath Accident or Disability Insurance purchased with the loan; and (c) Carry-over balances from previous loans. SECTION IV — BUSINESS AUTO CONDITIONS is amended as follows: A. Loss Conditions. 2.a. Duties in the Event of Accident, Claim, Suit or Loss is amended to add the following paragraph: (4) This duty applies when the "accident", claim, "suit" or "loss" is first known to: (a) You, if you are an individual; (b) A partner, if you are a partnership; (c) An executive officer or insurance manager, if you are a corporation; or (d) A member or manager, if you are a limited liability company. 5. Transfer Of Rights Of Recovery Against Others To Us is replaced with the following: If a person or organization to or for whom we make payment under this Coverage Form has rights to recover damages from another, those rights are transferred to us. That person or organization must do everything necessary to secure our rights and must do nothing after "accident" or "loss" to impair them. However, if the insured has waived rights to recover through a written contract, or if your work was commenced under a letter of intent or work order, subject to a subsequent reduction in writing of such a waiver with customers whose customary contracts require a waiver, we waive any right of recovery we may have under this Coverage Form. CAU 058 (12 09) Includes copyrighted material of the Insurance Services Office, Inc., with its permission. Page 4 of 5 Copyright 2009 FCCI Insurance Group. COMMERCIAL AUTO CAU 058 (12 09) B. General Conditions 2. Concealment, Misrepresentation or Fraud is amended to include the following: However, if you unintentionally fail to disclose any hazards at the inception of your policy, we will not deny coverage under this Coverage Form because of such failure. This provision does not affect our right to collect additional premium or exercise our right of cancellation or non -renewal. S. Other Insurance - Paragraph b. is replaced as follows: b. For Hired Auto Physical Damage Coverage, the following are deemed to be covered "autos" you own; (1) Any covered "auto" you lease, hire, rent or borrow; and (2) Any covered "auto" hired or rented by your "employee" under a contract in that individual "employee's" name, with your permission, while performing duties related to the conduct of your business. However, any "auto" that is leased, hired, rented or borrowed with a driver is not a covered "auto", nor is any "auto" you hire from any of your "employees", partners (if you are a partnership), members (if you are a limited liability company), or members of their households. CAU 058 (12 09) Includes copyrighted material of the Insurance Services Office, Inc., with its permission. Page 5 of 5 Copyright 2009 FCCI Insurance Group. ® WORKERS' COMPENSATION AND EMPLOYERS Texasmutu� LIABILITY INSURANCE POLICY Insurance Company WC 42 03 04 B TEXAS WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT This endorsement applies only to the insurance provided by the policy because Texas is shown in Item 3.A. of the Information Page. We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule, but this waiver applies only with respect to bodily injury arising out of the operations described in the Schedule where you are required by a written contract to obtain this waiver from us. This endorsement shall not operate directly or indirectly to benefit anyone not named in the Schedule. The premium for this endorsement is shown in the Schedule. Schedule 1. ( ) Specific Waiver Name of person or organization ( X ) Blanket Waiver Any person or organization for whom the Named Insured has agreed by written contract to furnish this waiver. 2. Operations: ALL TEXAS OPERATIONS 3. Premium The premium charge for this endorsement shall be 2.00 percent of the premium developed on payroll in connection with work performed for the above person(s) or organization(s) arising out of the operations described. 4. Advance Premium INCLUDED, SEE INFORMATION PAGE. This endorsement changes the policy to which it is attached effective on the inception date of the policy unless a different date is indicated below. (The following "attaching clause" need be completed only when this endorsement is issued subsequent to preparation of the policy.) This endorsement, effective on at 12:01 A.M. standard time, forms a part of Policy No. TSF-0001204282 20150905 of the Texas Mutual Insurance Company Issued to UTILITY CONTRACTORS OF AMER I CA INC Premium $ IJCCI Carrier Code 29939 WC420304B (ED. 6-01-2014) Endorsement No. /4/t--R 6—� Authorized Representative INSURED'S COPY GUSER 9-02-2015 CERTIFICATE OF INSURANCE TO: CITY OF LUBBOCK DATE: �- P.O. BOX 2000, Room 204 LUBBOCK, TX 79457 TYPE OF PROJECT: } THIS IS TO CERTIFY THAT (Name and Address of Insured) is, at the date of this ., certificate, insured by this Company with respect to the business operations hereinafter described, for the typed of insurance and in accordance with me provisions or me stanuaru ponies uses oy ruts company, me runner neremaner aescnoea. rxcepttons to stanaara poncy notes nereon. TYPE OF INSURANCE POLICY NUMBER EFFECTIVE EFFECTIVE LIMITS DATE DATE GENERAL LIABILITY ❑ Commercial General Liability General Aggregate $ L Claims Made Products-Comp/Op AGG $ v 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 $ 11 All Owned Autos Bodily Injury (Per Person) $ El Scheduled Autos Bodily Injury (Per Accident) $ Hired Autos Property Damage $ u Non -Owned Autos GARAGE LIABILITY 3 Any Auto Auto Only - Each Accident $ ❑ Other than Auto Only: Each Accident $ Aggregate $ BUILDER'S RISK El 100% of the Total Contract Price $ I] INSTALLATIONFLOATER $ EXCESS LIABILITY _i Umbrella Form Each Occurrence $ Aggregate $ _ Other Than Umbrella Form $ WORKERS COMPENSA TION AND EMPLOYERS' LIABILITY The Proprietor/ 0 Included Statutory Limits Partners/Executive ❑ Excluded Each Accident $ Officers are: Disease Policy Limit $ Disease -Each Employee $ OTHER The above policies either in the body thereof or by appropriate endorsement provide that they may not be changed or 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 r less than five days in advance of cancellation. FIVE COPIES OF THE CERTIFICATE OF INSURANCE (Name of Insurer) MUST BE SENT TO THE CITY OF LUBBOCK By: Title: The Insurance Certificates Furnished shall name the City of Lubbock as Additional Insured on Auto/General Liability and provide a Waiver of Subrogation in favor of the City of Lubbock. IT SHALL BE THE CONTRACTOR'S. T iE ( ADDITIONAL INSURED ENDORSEMENT SHALL INCLUDE PRODUCTS AND COMPLETE OPERATIONS I City of Lubbock Front End Documents 0001 11-70 City of Lubbock .. Canyon Lakes Sanitary Sewer Interceptor Rehabilitation — Phase 1 C} i A CONTRACTOR SHALL: ONTRACTORCHECKLIST G� (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) (3) (4) (5) provide a certificate of coverage showing workers' compensation coverage to the governmental entity prior to beginning work on the project; 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; 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; retain all required certificates of coverage on file for the duration of the project and for one year thereafter; (6) notify the governmental entity in writing by certified mail or personal delivery, within ten (10) days after the contractor knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project; (7) post a notice on each project site informing all persons providing services on the project that they are required to be covered, and stating how a person may verify current coverage and report failure to provide coverage. This notice does not satisfy other posting requirements imposed by the Act or other commission rules. This notice must be printed in at least 19-point normal type, and shall be in both English and Spanish and any other language common to the worker population. The text for the notices shall be the following text provided by the commission on the sample notice, without any additional words or changes: PROOF OF COVERAGE SHALL BE FURNISHED TO THE CITY OF LUBBOCK IN THE FORM OF A CERTIFICATE OF INSURANCE. THE INSURANCE CERTIFICATES FURNISHED SHALL NAME THE CITY OF LUBBOCK AS ADDITIONAL INSURED ON AUTO/GENERAL LIABILITY ON A PRIMARY AND NON-CONTRIBUTORY BASIS TO INCLUDE PRODUCTS OF COMPLETE OPERATIONS. PROVIDE A WAIVER OF SUBROGATION IN FAVOR OF THE CITY OF LUBBOCK. IT SHALL BE THE CONTRACTOR'S RESPONSIBILITY TO PROVIDE TO THE OWNER ALL PROOF OF COVERAGE INSURANCE DOCUMENTS INCLUDING WORKERS COMPENSATION COVERAGE FOR EACH SUBCONTRACTOR. COPIES OF THE ENDORSEMENTS ARE REQUIRED. THE ADDITIONAL INSURED ENDORSEMENT SHALL INCLUDE PRODUCTS AND COMPLETE OPERATIONS. City of Lubbock Front End Documents 00 01 11-71 City of Lubbock Canyon Lakes Sanitary Sewer Interceptor Rehabilitation — Phase 1 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 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 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) 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: (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; (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 (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 (G) 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. City of Lubbock Front End Documents City of Lubbock Canyon Lakes Sanitary Sewer Interceptor Rehabilitation — Phase 1 0001 11-72 Pau Intentionally Left Blank City of Lubbock Front End Documents City of Lubbock Canyon Lakes Sanitary Sewer Interceptor Rehabilitation — Phase 1 ......... /: CONTRACT Ez City of Lubbock Front End Documents City of Lubbock Canyon Lakes Sanitary Sewer Interceptor Rehabilitation — Phase I d. 000111-74 Pate Intentionally Left Blank City of Lubbock Front End Documents City of Lubbock Canyon Lakes Sanitary Sewer Interceptor Rehabilitation — Phase 1 Contract 12733 STATE OF TEXAS COUNTY OF LUBBOCK THIS AGREEMENT, made and entered into this 28" day of April, 2016 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 Utility Contractors of America, Inc. of the City of Lubbock, County of Lubbock and the State of Texas hereinafter termed CONTRACTOR. WITNESSETH: That for and in consideration of the payments and agreements hereinafter mentioned, to be made and performed by the OWNER and under the conditions expressed in the bond bearing even date herewith (if any) the CONTRACTOR hereby agrees with OWNER to commence and complete the construction of certain improvements described as follows: RFP 16-12733-TF Canyon Lakes Sanitary Sewer Interceptor Rehabilitation, Phase 1 and all extra work in connection therewith, under the terms as stated in the contract documents and at his (or their) own proper cost and expense to furnish all materials, supplies, machinery, equipment, tools, superintendence, labor, insurance and other accessories and services necessary to complete the said construction in accordance with the contract documents as defined in the General Condition of Agreement. Utility Contractors of America, Inc.'s proposal dated March 3, 2016 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 proposal submitted therefore, subject to additions and deductions, as provided in the contract documents and to make payment on account thereof as provided therein. IN WITNESS WHEREOF, the parties to these presents have executed this agreement in Lubbock, Lubbock County, Texas in the year and day first above written. CONTRACTOR: Utility Contractors of America, Inc. By: -6—L _ ( 14-� /S I PRINTED NAME: p A Liq TITLE: COMPLETE ADDRESS: A�v il - Ciriporaik Secreta CITY F LUB , TEXAS (OWNER): By: Daniel M. Po e, Mayor ATTEST: Re ec Garza, City Secreta AS T(YCONTENT: Turpin, Pam, C/Yiieater Utilities Engineer P.E. DireZ'te�blic Works APPROVED,AS TO FORM: /-"� '-7 , � A y ri, ep ity Attorney Psi Intentionally Left Blank City of Lubbock Front End Documents City of Lubbock Canyon Lakes Sanitary Sewer Interceptor Rehabilitation — Phase I ) j «, 0001 11- 7 . CONFLICT OF INTEREST QUESTIONNAIRE CHAPTER 176 \. {\ �\ City of Lubbock From End Documents 000111-78 City of Lubbock Canyon Lakes Sanitary Sewer Interceptor Rehabilitation — Phase I CONFLICT OF INTEREST QUESTIONNAIRE CHAPTER 176 FOR VENDOR DOING BUSINESS WITH LOCAL GOVERNMENTAL ENTITY This questionnaire reflects changes made to law by H.B. 23, 80 Leg., Regular Session Businesses and individuals doing business with the City need to file conflict of interest questionnaires with the Office of the City Secretary's Office. Local government officers are also required to file when a conflict exists. The questionnaire is to be filed in accordance with Chapter 176, Local Government Code, by a vendor who has a business relationship as defined by Section 176.001 (1-a) with a local governmental entity and the vendor meets the requirements under Section 176.006(a). By law this questionnaire must be filed with the City Secretary's Office of the local governmental entity no later than the 7ch business day after the date the vendor becomes aware of the facts that require the statement to be filled. Chatter 1.76 of the Local Government Code requires the City Manager and Council Members to file a Conflicts Disclosure Statement regarding their relationships with City vendors (including bidders and potential vendors). The law also requires that any vendor who contracts, or seeks to contract, with the City for the sale or purchase of property, goods or services (including a bidder on a City contract) file a "Conflict of Interest Questionnaire" regarding the vendor's business relationships, if any, with Council Members or the City Manager. Compliance is the responsibility of each individual, business or agent who is subject to the law's filing requirement. Questions about compliance should be directed to your legal counsel. Office of the City Secretary 1625 13th Street, Room 206 Lubbock, TX 79401 Questionnaire is available at http://Nvww.ci.lubbock.tx.us/departmentalwebsites/ departments/purchasing/vendor-information City of Lubbock Front End Documents City of Lubbock Canyon Lakes Sanitary Sewer Interceptor Rehabilitation — Phase 1 0001 11-79 \\ CHAPTER 46. DISCLOSURE OF INTERESTED PARTIES �\ \\ City of Lubbock Front End Documents 000111-80 City of Lubbock Canyon Lakes Sanitary Sewer Interceptor Rehabilitation — Phase I Texas Government Code 2252.908 Disclosure of Interested Parties Form 1295 House Bill 1295, adopted by the 84th Legislature, created §2252.908, Texas Government Code. Section 2252.908 requires a business entity entering into certain contracts with a governmental entity or state agency to file with the governmental entity or state agency a disclosure of interested parties at the time the business entity submits the signed contract to the governmental entity or state agency. §2252.908, Texas Government Code requires the commission to adopt rules necessary to implement the new disclosure requirement and to prescribe the disclosure form. Section 2252.908 requires the disclosure form to be signed by the authorized agent of the contracting business entity, acknowledging that the disclosure is made under oath and under penalty of perjury. Section 2252.908 applies only to a contract that requires an action or vote by the governing body of the governmental entity or state agency before the contract may be signed or has a value of at least $1 million. Section 2252.908 provides definitions of certain terms occurring in the section. House Bill 1295 provides that §2252.908 applies only to a contract entered into on or after January 1, 2016. An interested party is defined as a person who has a controlling interest in a business entity with whom a governmental entity or state agency contracts or who actively participates in facilitating the contract or negotiating the terms of the contract, including a broker, intermediary, adviser, or attorney for the business entity. Contractors are required to acquire Form 1295 via the Texas Ethics Commission website. This requires registration, generation of Form 1295 with a unique Certificate Number & filing date, printing the form, notarizing and returning the form to City of Lubbock Purchasing & Contract Management Department. Once the form is received by the Purchasing and Contract Management Department, the Buyer associated with the project will log -in to the Texas Ethics Commission portal and acknowledge receipt of the form not later than the 30th day after the date the contract for which the form was filed binds all parties to the contract. This will complete the form for the contract with which the form is associated. The completed form will be made available via the Texas Ethics Commission website. Form 1295 can be generated via the Texas Ethics Commission web portal. The website and detailed instructions are located at: https://www.ethics.state.tx.us/whatsnew/elf info form1295.htm City of Lubbock Front End Documents 0001 11-81 City of Lubbock Canyon Lakes Sanitary Sewer Interceptor Rehabilitation — Phase 1 t� ,i GENERAL CONDITIONS OF THE AGREEMENT City of Lubbock Front End Documents City of Lubbock Canyon Lakes Sanitary Sewer Interceptor Rehabilitation — Phase 1 t 0001 11-83 Pau Intentionally Left Blank I City of Lubbock Front End Documents City of Lubbock Canyon Lakes Sanitary Sewer Interceptor Rehabilitation — Phase I GENERAL CONDITIONS OF THE AGREEMENT 1. OWNER Whenever the word Owner, or First Party, are used in this contract, it shall be understood as referring to the City of Lubbock, Texas. 2. CONTRACTOR Whenever the word Contractor, or Second Party, is used, it shall be understood to mean the person, persons, co- partnership or corporation, to wit Utility Contractors of America, Inc., who has agreed to perform the work embraced in this contract, or their legal representative. 3. OWNER'S REPRESENTATIVE Whenever the word Owner's Representative or representative is used in this contract, it shall be understood as referring to, City of Lubbock, or its representative, John Turyin, P.E, Chief Water Utilities Engineer, so designated who will inspect constructions; or to such other representatives, supervisors, architects, engineers, or Resident Project Representatives as may be authorized by said Owner to act in any particular way under this agreement. Engineers, supervisors or Resident Project Representatives will act for the Owner under the direction of Owner's Representative, but shall not directly supervise the Contractor or persons acting on behalf of the Contractor. 4. CONTRACT DOCUMENTS The contract's documents shall consist of the Notice to Offerors, General Instructions to Offerors, Proposal, 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 Offeror for inspection in accordance with the Notice to Offerors. The above described materials are sometimes referred to herein as the "contract" or "contract documents". 5. INTERPRETATION OF PHRASES Whenever the words "Directed," "Permitted," "Designated," "Required," "Considered Necessary," "Prescribed," or words of like import are used, it shall be understood that the direction, requirement, permission, order, designation or prescription of the Owner's Representative is intended; and similarly, the words "Approved," "Acceptable," "Satisfactory," or words of like import shall mean approved by or acceptable or satisfactory to the Owner's Representative. 6. SUBCONTRACTOR The term Subcontractor, as employed herein, includes only those having a direct contract with the Contractor for performance of work on the project contemplated by these contract documents. Owner shall have no responsibility to any Subcontractor employed by Contractor for performance of work on the project contemplated by these contract documents, but said Subcontractors will look exclusively to Contractor for any payments due Subcontractor. The City reserves the right to approve or disapprove the selection of any subcontractor(s). City of Lubbock Front End Documents City of Lubbock Canyon Lakes Sanitary Sewer Interceptor Rehabilitation — Phase 1 0001 11-80 7. WRITTEN NOTICE Written notice shall be deemed to have been duly served if delivered in person to the individual or to a member of the firm or to an officer of the corporation for whom it is intended, or if delivered at or sent certified mail to the last business address known to the party who gives the notice. CONTRACTOR'S RESPONSIBILITIES Unless otherwise stipulated, the Contractor shall provide and pay for all materials, supplies, machinery, equipment, tools, superintendence, labor, insurance, and all water, light, power, fuel, transportation and all other facilities necessary for the execution and completion of the work covered by the contract documents. Unless otherwise specified, all materials shall be new and both workmanship and materials shall be of a good quality. The Contractor shall, if required, furnish satisfactory evidence as to the kind and quality of materials. Materials or work described in words which so applied have well known, technical or trade meaning shall be held to refer such recognized standards. All work shall be done and all materials furnished in strict conformity with the contract documents. 9. SUBSTANTIALLY COMPLETED The term "Substantially Completed" is meant that the structure or project contemplated by the contract documents has been made suitable for use or occupancy or the facility is in a condition to serve its intended purpose, but still may require minor miscellaneous work and adjustment. The pipeline must be backfilled, tested, final grading and seeding performed for substantial completion. 10. LAYOUT Except as specifically provided herein, the Contractor shall be responsible for laying out all work and shall accomplish this work in a manner acceptable to the Owner's Representative. The Owner's Representative will check the Contractor's layout of all major structures and any other layout work done by the Contractor at Contractor's request, but this check does not relieve the Contractor of the responsibility of correctly locating all work in accordance with the Plans and Specifications. 11. KEEPING OF PLANS AND SPECIFICATIONS ACCESSIBLE The Contractor shall be furnished ten copies of all Plans and Specifications without expense to Contractor and Contractor shall keep one copy of same consistently accessible on the job site. 12. RIGHT OF ENTRY The Owner's Representative may make periodic visits to the site to observe the progress or quality of the executed work and to determine, in general, if the work is proceeding in accordance with the contract documents. Owner's Representative will not be required to make exhaustive or continuous onsite inspections to check the quality or quantity of the work, nor will Owner's Representative be responsible for the construction means, methods, techniques, sequences or procedures, or the safety precautions incident thereto. Notwithstanding the Owner's Representative's rights of entry hereunder, the Owner's Representative will not be responsible for the Contractor's failure to perform the work in accordance with the Contract Documents. City of Lubbock Front End Documents 0001 11-81 City of Lubbock Canyon Lakes Sanitary Sewer Interceptor Rehabilitation — Phase 1 i F- 13. LINES AND GRADES The Contractor is responsible for construction layout based on the control provided in the construction documents. All lines and grades shall be furnished whenever Owner's Representative (as distinguished from e- Resident Project Representative(s)) deems said lines and grades are necessary for the commencement of the work contemplated by these contract documents or the completion of the work contemplated by these contract {^ ' documents. Whenever necessary, Contractor shall suspend its work in order to permit Owner's Representative to comply with this requirement, but such suspension will be as brief as practical and Contractor shall be allowed no extra compensation therefore. The Contractor shall give the Owner's Representative ample notice of the time and place where lines and grades will be needed. All stakes, marks, etc., shall be carefully preserved by the Contractor, and in case of careless destruction or removal by Contractor, its Subcontractors, or its employees, such stakes, marks, etc., shall be replaced by the Owner's Representative at Contractor's expense. 14. OWNER'S REPRESENTATIVE'S AUTHORITY AND DUTY Unless otherwise specified, it is mutually agreed between the parties to this Agreement that the Owner's Representative (as distinguished from Resident Project Representative(s))has the authority to review all work Y 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 f-, objection or objections shall be deemed waived. 15. SUPERINTENDENCE AND INSPECTION It is agreed by the Contractor that the Owner's Representative shall be and is hereby authorized to appoint from time to time such subordinate engineers, supervisors, or inspectors, as distinguished from Resident Project Representative, as the said Owner's Representative may deem proper to inspect the materials furnished and the work done under this Agreement, and to see that said material is furnished and said work is done in accordance with the specifications therefore. The Contractor shall furnish all reasonable aid and assistance required by the subordinate engineers, supervisors or inspectors for the proper inspection and examination of the work. The Contractor shall regard and obey the directions and instructions of any subordinate engineers, supervisors or inspectors so appointed, when such directions and instructions are consistent with the obligations of this Agreement and accompanying plans and specifications provided, however, should the Contractor object to any orders by any subordinate engineer, supervisor or inspector, the Contractor may within fifteen (15) calendar days make written appeal to the Owner's Representative for its decision. In the absence of timely written objection by Contractor, as provided herein, any and all objection or objections shall be deemed,waived. 16. CONTRACTOR'S DUTY AND SUPERINTENDENCE The Contractor shall give personal attention to the faithful prosecution and completion of this contract and shall keep on the work, during its progress, a competent superintendent and any necessary assistants, all satisfactory to Owner's Representative. The superintendent shall represent the Contractor in its absence and all directions given to superintendent shall be binding as if given to the Contractor. It is expressly agreed that adequate supervision by competent and reasonable representatives of the Contractor is essential to the proper performance of the work and lack of such supervision shall be grounds for suspending operations of the Contractor. City of Lubbock Front End Documents 0001 11-82 City of Lubbock Canyon Lakes Sanitary Sewer Interceptor Rehabilitation — Phase 1 The work, from its commencement to completion, shall be under the exclusive charge and control of the Contractor and all risk in connection therewith shall be borne by the Contractor. The Owner or Owner's Representatives shall not be responsible for the acts or omissions of the Contractor, or any subcontractors, or any of Contractor's agents or employees, or any other persons performing any of the work. 17. CONTRACTOR'S UNDERSTANDING It is understood and agreed that the Contractor has, by careful examination, satisfied itself as to the nature and location of the work, the confirmation of the ground, the character, quality and quantity of materials to be encountered, the character of equipment and facilities needed preliminary to and during the prosecution of the work, and the general and local conditions, and all other matters which in any way affect the work under the contract documents. No oral agreement or conversation with any officer, agent, or employee of the Owner, or Owner's Representative either before or after the execution of this contract, shall affect or modify any of the terms or obligations herein contained. Subject to the rights of Owner as set forth in Paragraph 23 hereof, all modifications and/or amendments to the contract documents, shall be in writing, and executed by Owner's Representative and Contractor. Unless otherwise specified herein, all loss, expense or damage to Contractor arising out of the nature of the work l..l to be done, or from the action of the elements, or from any unforeseen circumstance and the prosecution of the work, shall be sustained and borne by the Contractor at its own cost and expense. 18. CHARACTER OF WORKERS The Contractor agrees to employ only orderly and competent workers, skillful in the performance in the type of work required under this contract, to do the work; and agrees that whenever the Owner's Representative shall inform Contractor in writing that any man or men on the work, are, in Owner's Representative's sole opinion, incompetent, unfaithful, disorderly, or otherwise unacceptable to Owner or Owner's Representative, such man or men shall be discharged from the work and shall not again be employed on the work without the Owner's Representative's written consent. 19. CONSTRUCTION PLANT The Contractor shall provide all labor, tools, equipment, machinery and materials necessary in the prosecution and completion of this contract where it is not otherwise specifically provided that Owner shall furnish same, and it is also understood that Owner shall not be held responsible for the care, preservation, conservation, or protection of any materials, tools, equipment or machinery or any part of the work until it is finally completed and accepted. The building of structures for the housing of men or equipment will be permitted only at such places as the Owner's Representative shall consent or direct, and the sanitary conditions of the grounds in or about such structure shall at all times be maintained in a manner satisfactory to the Owner's Representative. 4--1. 20. SANITATION Necessary sanitary conveniences for the use of laborers on the work site, properly secluded from public observation, shall be constructed and maintained by the Contractor in such manner and at such points as shall be approved by the Owner's Representative and their use shall be strictly enforced. 21. OBSERVATION AND TESTING City of Lubbock Front End Documents 0001 11-83 City of Lubbock Canyon Lakes Sanitary Sewer Interceptor Rehabilitation - Phase 1 The Contractor is responsible for construction quality control testing, cost, and reporting of the type and extent required by the contract documents. The Owner or Owner's Representative shall have the right at all times to observe and test the work. Contractor shall make necessary arrangements and provide proper facilities and access for such observation and testing at any location wherever such work is in preparation or progress. Contractor shall ascertain the scope of any observation that may be contemplated by Owner or Owner's Representative and shall give ample notice as to the time each part of the work will be ready for such observation. Owner or Owner's Representative may reject any such work found to be defective or not in accordance with the contract documents, regardless of the stage of its completion or the time or place of discovery of such errors and regardless of whether Owner's Representative has previously accepted the work. If any such work should be covered without approval or consent of the Owner, it must, if requested by Owner or Owner's Representative, be uncovered for examination at Contractor's expense. In the event that any part of the work is being fabricated or manufactured at a location where it is not convenient for Owner or Owner's Representative to make observations of such work or require testing of said work, then in such event Owner or Owner's Representative may require Contractor to furnish Owner or Owner's Representative certificates of inspection, testing or approval made by persons competent to perform such tasks at the location where that part of the work is being manufactured or fabricated. All such tests will be in accordance with the methods prescribed by the American Society for Testing and Materials or such other applicable organization as may be required by law or the contract documents. If any such work which is required to be inspected, tested, or approved is covered up without written approval or n consent of the Owner or Owner's Representative, it must, if requested by the Owner or Owner's Representative, be uncovered for observation and testing at the Contractor's expense. The cost of all such inspections, tests and approvals shall be borne by the Contractor unless otherwise provided herein. Any work which fails to meet the requirements of any such tests, inspections or approvals, and any work which meets the requirements of any such tests or approvals but does not meet the requirements of the contract documents shall be considered defective, and shall be corrected at the Contractor's expense. Neither observations by the Owner or Owner's Representative, nor inspections, tests, or approvals made by Owner, Owner's Representative, or other persons authorized under the contract documents to make such inspections, tests, or approvals shall relieve the Contractor from its obligation to perform the work in accordance with the requirements of the contract documents. 22. DEFECTS AND THEIR REMEDIES It is expressly agreed that if the work or any part thereof, or any material brought on the site of the work for use in the work or selected for the same, shall be deemed by the Owner or Owner's Representative as unsuitable or not in conformity with plans, specifications and/or contract documents, the Contractor shall, after receipt of written notice thereof from the Owner's Representative, forthwith remove such material and rebuild or otherwise remedy such work so that it shall be in full accordance with the contract documents. It is further agreed that any remedial action contemplated as hereinabove set forth shall be at Contractor's expense. 23. CHANGES AND ALTERATIONS The Contractor further agrees that the Owner may make such changes and alterations as the Owner may see fit, in the line, grade, form dimensions, plans or materials for the work herein contemplated, or any part thereof, either before or after the beginning of the construction, without affecting the validity of this contract and the accompanying bond. If such changes or alterations diminish the quantity of the work to be done, they shall not constitute the basis for a claim for damages, or anticipated profits on the work that may be dispensed with. If they increase the amount of work, and the increased work can fairly be classified under the specifications, such increase shall be paid according to the quantity actually done and at the unit price established for such work under this contract; City of Lubbock Front End Documents 0001 11-84 City of Lubbock Canyon Lakes Sanitary Sewer Interceptor Rehabilitation — Phase 1 otherwise such additional work shall be paid for as provided under Extra Work. In case the Owner shall make such changes or alterations as shall make useless any work already done or material already furnished or used in said work, then the Owner shall recompense the Contractor for any material or labor so used, and for actual expenses incurred in preparation for the work as originally planned. 24. EXTRA WORK The term "extra work" as used in this contract shall be understood to mean and include all work that may be required by the Owner or Owner's Representative to be done by the Contractor to accomplish any change, alteration or addition to the work as shown on the plans and specifications or contract documents and not covered by Contractor's proposal, except as provided under Changes and Alterations in Paragraph 23. It is agreed that the Contractor shall perform all extra work under the observation of the Owner's Representative when presented with a written work order signed by the Owner's Representative; subject, however, to the right of the Contractor to require written confirmation of such extra work order by the Owner. It is also agreed that the compensation to be paid to the Contractor for performing said extra work shall be determined by the following methods: Method (A) - By agreed unit prices; or Method (B) - By agreed lump sum; or Method (C) - If neither Method (A) or Method (B) be agreed upon before the extra work is commenced, then the Contractor shall be paid the lesser of the following: (1) actual field cost of the extra work, plus fifteen (15%) percent to the firm actually performing the work, and additional higher -tier markups limited to 5% to cover additional overhead and insurance costs; or (2) the amount that would have been charged by a reasonable and prudent Contractor as a reasonable and necessary cost for performance of the extra work, as estimated by the Engineer and approved by the Owner.. In the event said extra work be performed and paid for under Method (C)(1), then the provisions of this paragraph shall apply and the "actual field cost" is hereby defined to include the cost of all workmen, such as foremen, timekeepers, mechanics and laborers, materials, supplies, teams, trucks, rentals on machinery and equipment, for the time actually employed or used on such extra work, plus actual transportation charges necessarily incurred, together with all expenses incurred directly on account of such extra work, including Social Security, Old Age Benefits, Maintenance Bonds, Public Liability and Property Damage and Workers' Compensation and all other insurances as may be required by law or ordinances or directed by the Owner or Owner's Representative, or by them agreed to. Owner's Representative may direct the form in which accounts of the actual field cost shall be kept and records of these accounts shall be made available to the Owner's Representative. The Owner's Representative may also specify in writing, before the work commences, the method of doing the work and the type and kind of machinery and equipment to be used; otherwise, these matters shall be determined by the Contractor. Unless otherwise agreed upon, the prices for the use of machinery and equipment shall be determined by using 100%, unless otherwise specified, of the latest Schedule of Equipment and Ownership Expenses adopted by the Associated General Contractors of America. Where practical, the terms and prices for the use of machinery and equipment shall be incorporated in the written extra work order. The fifteen percent (15%) of the actual field cost to be paid to Contractor shall cover and compensate Contractor for its profit, overhead, general superintendence and field office expense, and all other elements of cost and expense not embraced within the actual field cost as herein defined, save that where the Contractor's Camp or Field Office must be maintained primarily on account of such Extra Work, then the cost to maintain and operate the same shall be included in the "actual field cost." No claim for extra work of any kind will be allowed unless ordered in writing by Owner's Representative. In case any orders or instructions appear to the Contractor to involve extra work for which Contractor should receive City of Lubbock Front End Documents 00 01 11-85 City of Lubbock Canyon Lakes Sanitary Sewer Interceptor Rehabilitation — Phase 1 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 proposal, 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 proposals are received, and if no such notice is received by the Owner's Representative prior to the opening of proposals, then it shall be deemed that the Contractor fully understands the work to be included and has provided sufficient sums in its proposal to complete the work in accordance with these plans and specifications. If Contractor does not notify Owner's Representative before offering 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 seven (7) calendar days prior to the opening of proposals. In the absence of a requested clarification for a conflict in the documents prior to proposals being reviewed, it will be assumed that the Contractor proposes the higher cost alternative on conflicts identified after proposals are reviewed. 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 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 Engineer and all of its officers, agents and employees against any all losses, costs, damages, expenses, liabilities, claims and/or causes of action, whether known or unknown, fixed, actual, accrued or contingent, liquidated or unliquidated, including, but not limited to, attorneys' fees and expenses, in connection with, incident to, related to, or arising out of, the Contractor's or any subcontractor's, agent's or employee's, in any manner whatsoever, omission, execution and/or supervision of this contract, and the project which is the subject matter of this contract. ` City of Lubbock Front End Documents 00 01 11-86 City of Lubbock Canyon Lakes Sanitary Sewer Interceptor Rehabilitation — Phase 1 v i r The safety precautions taken shall be the sole responsibility of the Contractor, in its sole discretion as an Independent Contractor; inclusion of this paragraph in the Agreement, as well as any notice which may be given by the Owners or the Owner's Representative concerning omissions under this paragraph as the work progresses, are intended as reminders to the Contractor of its duty and shall not be construed as any assumption of duty to supervise safety precautions by either the Contractor or any of its subcontractors. j 28. CONTRACTOR'S INSURANCE The Contractor shall not commence work under this contract until he has obtained all insurance as required in the General Conditions of the contract documents, from an underwriter authorized to do business in the State of Texas and satisfactory to the City. Proof of coverage shall be furnished to the City and written notice of cancellation or any material change will be provided ten (10) calendar days in advance of cancellation or change. All policies of insurance, required herein, including policies of insurance required to be provided by Contractor and its subcontractors, shall contain a waiver of any and all of the insurer's or payor's, in the event of self- insurance, rights to subrogation that any such insurer or payor, in the event of self-insurance, may acquire by virtue of payment of any loss under such insurance or self-insurance. All certificates of insurance submitted to the City in conformity with the provisions hereof shall establish such waiver. The Contractor shall procure and carry at its sole cost and expense through the life of this contract, insurance protection as hereinafter specified. Coverage in excess of that specified herein also shall be acceptable. Such insurance shall be carried with an insurance company authorized to transact business in the State of Texas and shall cover all operations in connection with this contract, whether performed by the Contractor or a subcontractor, or separate policies shall be provided covering the operation of each subcontractor. A certificate of insurance specifying each and all coverages shall be submitted prior to contract execution. PROOF OF COVERAGE SHALL BE FURNISHED TO THE CITY OF LUBBOCK IN THE FORM OF A CERTIFICATE OF INSURANCE. THE INSURANCE CERTIFICATES FURNISHED SHALL NAME THE CITY OF LUBBOCK AS ADDITIONAL INSURED ON AUTO/GENERAL LIABILITY ON A PRIMARY AND NON-CONTRIBUTORY BASIS TO INCLUDE PRODUCTS OF COMPLETE OPERATIONS. PROVIDE A WAIVER OF SUBROGATION IN FAVOR OF THE CITY OF LUBBOCK. IT SHALL BE THE CONTRACTOR'S RESPONSIBILITY TO PROVIDE TO THE OWNER ALL PROOF OF COVERAGE INSURANCE DOCUMENTS INCLUDING WORKERS COMPENSATION COVERAGE FOR EACH SUBCONTRACTOR. COPIES OF THE ENDORSEMENTS ARE REQUIRED. THE ADDITIONAL INSURED ENDORSEMENT SHALL INCLUDE PRODUCTS AND COMPLETE j OPERATIONS. A. Commercial General Liability Insurance (Primary Additional Insured and Waiver of Subrogation required) The contractor shall have Comprehensive General Liability Insurance with limits of $1,000,000 Combined Single Limit in the aggregate and per occurrence to include: Products & Completed Operations Hazard Contractual Liability Personal Injury & Advertising Injury Heavy Equipment XCU City of Lubbock Front End Documents City of Lubbock Canyon Lakes Sanitary Sewer Interceptor Rehabilitation — Phase 1 0001 11-87 j r t B. Owner's and Contractor's Protective Liability Insurance. — NOT REQUIRED C. Comprehensive Automobile Liability Insurance (Waiver of Subrogation Required) The Contractor shall have Comprehensive Automobile Liability Insurance with limits of not less than; Bodily Injury/Property Damage, $1,000,000, per occurrence, 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 (Primary Additional Insured and Waiver of Subrogation required) The Contractor shall have Umbrella Liability Insurance in the amount of $4,000,00 per occurrence 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 1 000 000. 1. Definitions: Certificate of coverage ("certificate") - A copy of a certificate of insurance, a certificate of authority to self -insure issued by the commission, or a coverage agreement (TWCC-81, TWCC- ,.., 82, TWCC-83, or TWCC-84), showing statutory workers' compensation insurance coverage for the person's or entity's employees providing services on a project, for the duration of the project. Duration of the project - includes the time from the beginning of the work on the project until the Contractor's/person's work on the project has been completed and accepted by the governmental entity. Persons providing services on the project ("subcontractor" in Section 406.096, Texas Labor Code) - includes all persons or entities performing all or part of the services the Contractor has undertaken to perform on the project, regardless of whether that person contracted directly with the Contractor and regardless of whether that person has employees. This includes, without limitation, independent contractors, subcontractors, leasing companies, motor carriers, owner - operators, employees of any such entity, or employees of any entity which furnishes persons to provide services on the project. "Services" include, without limitation, providing, hauling, or delivering equipment or materials, or providing labor, transportation, or other service related to a project. "Services" does not include activities unrelated to the project, such as food/beverage vendors, office supply deliveries, and delivery of portable toilets. 2. The Contractor shall provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements, which meets the statutory requirements of Texas Labor Code, Section 401.011(44) for all employees of the contractor providing services on the project, for the duration of the project. 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. City of Lubbock Front End Documents 0001 11-88 City of Lubbock Canyon Lakes Sanitary Sewer Interceptor Rehabilitation — Phase 1 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 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. 6 The Contractor shall retain all required certificates of coverage for the duration of the project and for one year thereafter. 1 7. The Contractor shall notify the governmental entity in writing by certified mail or personal i delivery, within 10 days after the Contractor knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project. 8. The Contractor shall post on each project site a notice, in the text, form and manner prescribed by the Texas Workers' Compensation Commission, informing all persons providing services on the c project that they are required to be covered, and stating how a person may verify coverage and report lack of coverage. r 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 it (2) a new certificate of coverage showing extension of coverage, prior to the end of the coverage period, if the coverage period shown on the current certificate of { coverage ends during the duration of the project; (e) retain all required certificates of coverage on file for the duration of the project and for "z one year thereafter; City of Lubbock Front End Documents 0001 11-89 City of Lubbock Canyon Lakes Sanitary Sewer Interceptor Rehabilitation — Phase 1 (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 will provide services on the project will be covered by worker's compensation coverage for the duration of the project, that the coverage will be based on proper reporting of classification codes and payroll amounts, and that all coverage agreements will be filed with the appropriate insurance carrier or, in the case of a self -insured, with the commission's Division of Self -Insurance 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. F. Proof of Coverage Before work on this contract is commenced, each Contractor and subcontractor shall submit to the Owner for approval five Certificates of Insurance covering each insurance policy carried and offered as evidence of compliance with the above insurance requirements, signed by an authorized representative of the insurance company setting forth: (1) The name and address of the insured. (2) The location of the operations to which the insurance applies. (3) The name of the policy and type or types of insurance in force thereunder on the date borne by such certificate. (4) The expiration date of the policy and the limit or limits of liability thereunder on the date borne by such certificate. (5) A provision that the policy may be canceled only by mailing written notice to the named insured at the address shown in the proposal specifications. (6) A provision that written notice shall be given to the City ten days prior to any change in or cancellation of the policies shown on the certificate. (7) The certificate or certificates shall be on the form (or identical copies thereof) contained in the job specifications. No substitute of nor amendment thereto will be acceptable. (8) If policy limits are paid, new policy must be secured for new coverage to complete project. (9) A Contractor shall: (a) provide coverage for its employees providing services on a project, for the duration of the project based on proper reporting of classification codes and payroll amounts and filling of any coverage agreements; City of Lubbock Front End Documents 0001 11-90 City of Lubbock Canyon Lakes Sanitary Sewer Interceptor Rehabilitation — Phase 1 �l (b) provide a certificate of coverage showing workers' compensation coverage to the governmental entity prior to beginning work on the project; (c) provide the governmental entity, prior to the end of the coverage period, a new certificate of coverage showing extension of coverage, if the coverage period shown on the Contractor's current certificate of coverage ends during the duration of the project; (d) obtain from each person providing services on a project, and provide to the governmental entity: (i) a certificate of coverage, prior to that person beginning work on the project, so the governmental entity will have on file certificates of coverage showing coverage for all persons providing services on the project; and (ii) no later than seven days after receipt by the Contractor, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (e) retain all required certificates of coverage on file for the duration of the project and for one year thereafter; (f) notify the governmental entity in writing by certified mail or personal delivery, within 10 days after the Contractor knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project; (g) post a notice on each project site informing all persons providing services on the project that they are required to be covered, and stating how a person may verify current coverage and report failure to provide coverage. This notice does not satisfy other posting requirements imposed by the Texas Worker's Compensation Act or other commission rules. This notice must be printed with a title in at least 30-point bold type and text in at least 19-point normal type, and shall be in both English and Spanish and any other language common to the worker population. The text for the notices shall be the following text provided by the commission on the sample notice, without any additional words or changes: REQUIRED WORKERS' COMPENSATION COVERAGE "The law requires that each person working on this site or providing services related to this construction project must be covered by workers' compensation insurance. This includes persons providing, hauling, or delivering equipment or materials, or providing labor or transportation or other service related to the project, regardless of the identity of their employer or status as an employee. " "Call the Texas Workers' Compensation Commission at 800-372-7713 or 512-804- 4000 (ww)utdi.state.tx.rrs) 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; t City of Lubbock Front End Documents 0001 11-91 City of Lubbock Canyon Lakes Sanitary Sewer Interceptor Rehabilitation — Phase 1 (ii) provide a certificate of coverage to the Contractor prior to that person beginning work on the project; (iii) include in all contracts to provide services on the project the following language: "By signing this contract or providing or causing to be provided a certificate of coverage, the person signing this contract is representing to the governmental entity that all employees of the person signing this contract who will provide services on the project will be covered by workers' compensation coverage for the duration of the project, that the coverage will be based on proper reprinting of classification codes and payroll amounts, and that all coverage agreements will be filed with the appropriate insurance carrier or, in the case of a self -insured, with the commission's Division of Self -Insurance Regulation. Providing false or misleading information may subject the Contractor to administrative penalties, criminal penalties, civil penalties, or other civil actions."; (iv) provide the Contractor, prior to the end of the coverage period, a new certificate ti of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (v) obtain from each other person with whom it contracts, and provide to the Contractor: (1) a certificate of coverage, prior to the other person beginning work on the project; and (2) prior to the end of the coverage period, a new certificate of coverage showing extension of the coverage period, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (vi) retain all required certificates of coverage on file for the duration of the project and for one year thereafter; (vii) notify the governmental entity in writing by certified mail or personal delivery, within 10 days after the person knew or should have known, of any change that _a materially affects the provision of coverage of any person providing services on the project; and (viii) contractually require each other person with whom it contracts, to perform as required by paragraphs (i)-(viii), with the certificate of coverage to be provided to the person for whom they are providing services. 1 0 — 29. DISABLED EMPLOYEES Contractors having more than fifteen (15) employees agree to comply with the Americans with Disabilities Act of 1990, and agree not to discriminate against a qualified individual with a disability because of the disability of such individual in regard to job application procedures, the hiring, advancement, or discharge of employees, employee compensation, job training, and other terms, conditions, and privileges of employment. City of Lubbock Front End Documents 0001 11-92 City of Lubbock Canyon Lakes Sanitary Sewer Interceptor Rehabilitation — Phase 1 t 30. PROTECTION AGAINST CLAIMS OF SUBCONTRACTORS LABORERS MATERIALMEN AND FURNISHERS OF MACHINERY, EQUIPMENT AND SUPPLIES Without limiting, in any way, manner or form, the indemnity provided by Contractor in paragraph 27 hereof, the Contractor agrees that it will indemnify and save the Owner and Engineer and all of its officers, agents and employees, harmless against any and all claims, liabilities, losses, damages, expenses and causes of action arising out of, in any way, manner or form, the demands of subcontractors, laborers, workmen, mechanics, material men and furnishers of machinery and parts thereof, equipment, power tools, and supplies, incurred in the performance of this contract and the project which is the subject matter of this contract. When Owner so desires, the Contractor shall furnish satisfactory evidence that all obligations of the nature hereinabove designated have been paid, discharged or waived. 31. PROTECTION AGAINST ROYALTIES OR PATENT INVENTION The Contractor shall pay all royalties and license fees, and shall provide for the use of any design, device, material or process covered by letters patent or copyright by suitable legal agreement with the Patentee or owner thereof. Without limiting, in any way, manner or form, the indemnity provided by Contractor in paragraph 27 hereof, the Contractor shall defend all suits or claims for infringement of any patent or copyrights and shall indemnify and save the Owner and Engineer, and all of its officers, agents and employees harmless from any loss on account thereof, except that Owner shall defend all such suits and claims and shall be responsible for all such loss when a particular design, device, material or process or the product of a particular manufacturer or manufacturers is specified or required in these contract documents by Owner; provided, however, if choice of alternate design, device, material or process is allowed to the Contractor, then Contractor shall indemnify and save Owner, and all of its officers, agents and employees harmless from any loss on account thereof. Notwithstanding anything herein to the contrary, if the material or process specified or required by Owner and/or this contract is an infringement, the Contractor shall be responsible for such loss unless it gives written notice of such infringement to the Owner's Representative prior to offering. 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 Engineer and all of its officers, agents, and employees against any claims arising from the violation of any such laws, ordinances, and regulations, whether by the Contractor, its employees, or subcontractors. If the Contractor observes that the plans and specifications are at variance therewith, he shall notify the Owner's Representative in writing prior to proposing 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 there from. 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 l though embodied herein. 33. SUBCONTRACTING City of Lubbock Front End Documents 0001 11-93 City of Lubbock Canyon Lakes Sanitary Sewer Interceptor Rehabilitation — Phase 1 F The Contractor agrees that it will retain personal control and will give its personal attention to the fulfillment of �tt 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 Notice to Proceed and contract documents, respectively, of work to be done hereunder are essential conditions of this contract; and it is further mutually understood and agreed that the work embraced in this contract shall be commenced as provided in the contract documents. If the Contractor should neglect, fail, or refuse to substantially complete the work within the time herein specified, then the Contractor does hereby agree as part of the consideration for the awarding of this contract, the Owner may withhold permanently from Contractor's total compensation, the sum of $1,000 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. If the Contractor should neglect, fail, or refuse to Finally complete the work within the time herein specified, then the Contractor does hereby agree as part of the consideration for the awarding of this contract, the Owner may withhold permanently from Contractor's total compensation, the sum of $300 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 fail to meet the time requirements stipulated for substantially completing the work. It is expressly understood and agreed, by and between Contractor and the Owner, that the time for the substantial completion of the work described herein is reasonable time for the completion of the same, taking into consideration the average climatic range and conditions and usual industrial conditions prevailing in this locality. The amount is fixed and agreed upon by and between the Contractor and the Owner because the actual damages the Owner would sustain in such event would be difficult and/or impossible to estimate, however, the amount agreed upon herein is a reasonable forecast of the amount necessary to render just compensation to Owner, and is expressly agreed to be not disproportionate to actual damages as measured at time of breach. IT IS FURTHER AGREED AND UNDERSTOOD BETWEEN THE CONTRACTOR AND OWNER THAT TIME IS OF THE ESSENCE OF THIS CONTRACT. 35. TIME AND ORDER OF COMPLETION It is the meaning and intent of this contract, unless otherwise herein specifically provided, that the Contractor shall be allowed to prosecute its work at such time and sessions, in such order of precedence, and in such manner as shall be most conductive to economy of construction; provided, however, that the order and time of prosecution shall be such that the work shall be substantially completed as a whole and in part, in accordance with this contract, the plans and specifications, and within the time of completion designated in the proposal; provided, '1 also, that when the Owner is having other work done, either by contract or by its own force, the Owner's Representative (as distinguished from the Resident Project 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. City of Lubbock Front End Documents 0001 11-94 City of Lubbock Canyon Lakes Sanitary Sewer Interceptor Rehabilitation — Phase 1 36. TIME OF PERFORMANCE The Contractor agrees that it has submitted its proposal 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 within twenty (20) calendar days of written submission by Contractor shall be deemed a denial, and final. Further, in the absence of timely written notification of such delay and request for extension, as provided herein, any request for extension by Contractor shall be deemed waived. 37. HINDRANCE AND DELAYS In executing the contract, the Contractor agrees that in undertaking to complete the work within the time herein fixed, Contractor has taken into consideration and made allowances for all hindrances and delays incident to such work, whether growing out of delays due to unusual and unanticipated circumstances, difficulties or delays in securing material or workmen, or any other cause or occurrence. No charge shall be made by the Contractor for hindrance or delays from any cause during the progress of any part of the work embraced in this contract except where the work is stopped by order of the Owner or Owner's Representative for the Owner's convenience, in which event, such expense as in the sole judgment of the Owner's Representative that is caused by such stoppage shall be paid by Owner to Contractor. 38. QUANTITIES AND MEASUREMENTS No extra or customary measurements of any kind will be allowed, but the actual measured or computed length, area, solid contents, number and weight only shall be considered, unless otherwise specifically provided. In the event this contract is let on a unit price basis, then Owner and Contractor agree that this contract, including the specifications, plans and other contract documents are intended to show clearly all work to be done and material to be furnished hereunder. Where the estimated quantities are shown, and only when same are expressly stated to be estimates, for the various classes of work to be done and material to be furnished under this contract, they are approximate and are to be used only as a basis for estimating the probable cost of the work and for comparing their proposals offered for the work. In the event the amount of work to be done and materials to be furnished are expressly stated to be estimated, and only when same are expressly stated to be estimated, it is understood and agreed that the actual amount of work to be done and the materials to be furnished under this contract may differ somewhat from these estimates, and that where the basis for payment under this contract is the unit price method, payment shall be for the actual amount of work done and materials furnished on the project, provided that the over run or under run of estimated quantities note exceed 15% of the estimated quantity. 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 Engineer, and any of its officers, agents City of Lubbock Front End Documents City of Lubbock Canyon Lakes Sanitary Sewer Interceptor Rehabilitation — Phase 1 0001 11-95 } �s 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 P: 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 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 Owners Representative an application for partial payment. Owner's Representative shall review said application for partial payment if submitted, and the progress of the work made by the Contractor and if found to be in order, shall prepare a certificate for partial payment showing as completely as practical the total value of the work done by the Contractor up to and including the last day of the preceding month. The determination of the partial payment by the Owner's Representative shall be in accordance with Paragraph 14 hereof. The Owner shall then pay the Contractor on or before the fifteenth day of the current month the total amount of E.. 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. Payment for materials on hand and delivered to the project site will be limited to 100 percent less the 5 percent standard retainage until actually incorporated into the project. Any partial payment made hereunder shall not constitute a waiver by the Owner of any and all other rights to enforce the express terms of the contract documents, and all remedies provided therein, as to any and all work performed, to be performed and/or materials delivered hereunder, including, but limited to, work to which said partial payment is attributable. 43. SUBSTANTIAL COMPLETION Contractor shall give Owner's Representative written notice of substantial completion. Within thirty-one (31) working days after the Contractor has given the Owner's Representative written notice that the work has been ,a City of Lubbock Front End Documents 0001 11-96 '-� City of Lubbock Canyon Lakes Sanitary Sewer Interceptor Rehabilitation — Phase 1 3t ,. t' substantially completed, the Owner's Representative and/or the Owner shall inspect the work and within said time, t if the work be found to be substantially completed in accordance with the contract documents, the Owner's Representative shall issue to the Owner and Contractor a certificate of substantial completion. Notwithstanding the issuance of a certificate of substantial completion, Contractor shall proceed with diligence to finally complete the work within the time provided in this contract. 44. FINAL COMPLETION AND PAYMENT The Contractor shall give written notice to Owner's Representative of final completion. Upon written notice of final completion, the Owner's Representative shall proceed to make final measurement to determine whether final completion has occurred. If the Owner's Representative determines final completion has occurred, Owner's Representative shall so certify to the Owner. Upon certification by Owner's Representative of final completion, Owner shall pay to the Contractor on or before the 31st working day after the date of certification of final completion, the balance due Contractor under the terms of this agreement. Neither the certification of final completion nor the final payment, nor any provisions in the contract documents shall relieve the Contractor of the obligation for fulfillment of any warranty which may be required in the contract documents and/or any warranty or warranties implied by law or otherwise. 45. CORRECTION OF WORK Contractor shall promptly remove from Owner's premises all materials condemned by the Owner's Representative on account of failure to conform to the contract documents, whether actually incorporated in the work or not, and Contractor shall at its own expense promptly replace such condemned materials with other materials conforming to the requirements of the contract documents. Contractor shall also bear the expense of restoring all work of other contractors damaged by any such removal or replacement. If Contractor does not remove and replace any such condemned work within a reasonable time but not to exceed 30 days after a written notice by the Owner or the Owner's Representative, Owner may remove and replace it at Contractor's expense. The Contractor shall pay all claims, cost, losses, and damages (including but not limited to all fees and charges of the engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution cost) arising out of or relating to such correction or removal. Neither the final payment, nor certification of final completion or substantial completion, nor any provision in the contract documents shall relieve the Contractor of responsibility for faulty materials or workmanship, and Contractor shall remedy any defects due thereto and pay for any damage to other work resulting therefrom, which shall appear within a period of one (1) year from the date of certification of final completion by Owner's Representative. 46. PAYMENT WITHHELD The Owner or Owner's Representative may, on account of subsequently discovered evidence, withhold or nullify the whole or part of any certification to such extent as may be necessary to protect itself from loss on account of: (a) Defective work not remedied and/or work not performed, (b) Claims filed or reasonable evidence indicating possible filing of claims, (c) Damage to another contractor, (d) Notification to owner of failure to make payments to Subcontractors or Suppliers, (e) Failure to submit up-to-date record documents as required, (f) Failure to submit monthly progress schedule updates or revised scheduled as requested by Owner, (g) Failure to provide Project photographs required by Specifications. 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. City of Lubbock Front End Documents 0001 11-97 City of Lubbock Canyon Lakes Sanitary Sewer Interceptor Rehabilitation — Phase 1 r` ; 47. CLAIM OR DISPUTE i It is further agreed by both parties hereto that all questions of dispute or adjustment presented by the Contractor shall be in writing and filed with the Owner's Representative within fifteen (15) calendar days after the Owner's Representative has given any direction, order or instruction to which the Contractor desires to take exception. Timely written notice of dispute as provided in this contract of any decision by Owner's Representative or Owner shall be a condition precedent to the bringing and/or assertion of any action or claim by Contractor of any right under this Contract. If the matters set forth in the notice of dispute are not granted or otherwise responded to by Owner's Representative within fifteen (15) calendar days of receipt of notice of dispute by Owner's Representative, said objections shall be deemed denied. Any decision by the Owner's Representative, or deemed denial by the Owner's Representative, shall be final and conclusive in the absence of fraud. It is further agreed that the acceptance by the Contractor of the final payment shall be a bar to any and all claims of the Contractor, and constitute a waiver of the right to assert any claim against Owner, Owner's agents and employees and Owner's Representative, by Contractor. 48. NON-COMPLIANCE AND/OR ABANDONMENT BY CONTRACTOR In case the Contractor should (1) abandon and fail or refuse to resume work within fifteen (15) calendar days after written notification from the Owner or the Owner's Representative, or (2) if the Contractor fails to comply with the written orders of the Owner's Representative, when such orders are consistent with this contract, then the Surety on the bond shall be notified in writing and directed to complete the work and a copy of said notice shall be delivered to the Contractor. In the event a bond is not required by law, or otherwise obtained by the Contractor, no further notice of such non-compliance to Contractor shall be required. After receiving said notice of abandonment or non-compliance , the Contractor shall not remove from the work any machinery, equipment, tools, materials or supplies then on the job, but the same, together with any materials and equipment under the contract for work, may be held for use on the work by the Owner or the Surety of the Contractor, or another contractor, in completion of the work; and the Contractor shall not receive any rental or credit therefore (except when used in connection with Extra Work, where credit shall be allowed as provided for under paragraph 24 of this contract); it being understood that the use of such equipment and materials will ultimately reduce the cost to complete the work and be reflected in the final settlement. In the event the Contractor, or Surety, whichever is applicable, should fail to commence compliance with the notice hereinbefore provided within ten (10) calendar days after service of such notice, and/or shall fail to proceed with diligence to complete the project as contemplated and in compliance with all terms and provisions of the contract documents, then the Owner may exercise any and all remedies available to it pursuant to law, contract, equity or otherwise, including, but not limited to, providing for completion of the work in either of the following elective manners: (a) The Owner may employ such force of men and use of machinery, equipment, tools, materials and supplies as said Owner may deem necessary to complete the work and charge the expense of such labor, machinery, equipment, tools, materials and supplies to said Contractor, and the expense so charged shall be deducted and paid by the Owner out of such moneys as may be due, or that may thereafter at any time become due to the Contractor under and by virtue of this Agreement. In case such expense is less than the sum which would have been payable under this contract, if the same had been completed by the Contractor, then said Contractor shall receive the difference. In case such expense is greater than the sum which would have been payable under this contract, if the same had been completed by said Contractor, then the Contractor and/or its Surety shall pay the amount of such excess to the Owner; or g_ (b) The Owner, under sealed proposals, 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 .. City of Lubbock Front End Documents 0001 11-98 City of Lubbock Canyon Lakes Sanitary Sewer Interceptor Rehabilitation — Phase 1 r.. 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. a In the event the Owner's Representative elects to complete the work, as described above, when the work shall have been finally completed, the Contractor and his Surety shall be so notified and certification of completion as provided in paragraph 44 hereinabove set forth, shall be issued. A complete itemized statement of the contract accounts, certified to by Owner's Representative as being correct shall then be prepared and delivered to Contractor and his Surety, if applicable, whereon the Contractor or his Surety, or the Owner as the case may be, shall pay the balance due as reflected by said statement within 30 days after the date of certification of completion. In the event the statement of accounts shows that the cost to complete the work is less than that which would have been the cost to the Owner had the work been completed by the Contractor under the terms of this contract, or when the Contractor and/or his Surety, if applicable, shall pay the balance shown to be due by them to the Owner, then all machinery, equipment, tools, materials or supplies left on the site of the work shall be turned over to the Contractor and/or his Surety, if applicable. Should the cost to complete the work exceed the contract price, and the Contractor and/or his Surety, if applicable, fail to pay the amount due the Owner within the time designated hereinabove, and there remains any machinery, equipment, tools, materials or supplies on the site of the work, notice thereof, together with an itemized list of such equipment and materials shall be mailed to the Contractor and his Surety, if applicable, at the respective addresses designated in this contract; provided, however, that actual written notice given in any manner will satisfy this condition. After mailing, or other giving of such notice, such property shall be held at the risk of the Contractor and his Surety, if applicable, subject only to the duty of the Owner to exercise ordinary care to protect such property. After fifteen (15) calendar days from the date of said notice the Owner may sell such machinery, equipment, tools, materials or supplies and apply the net sum derived from such sale to the credit of the Contractor and his Surety, if applicable. Such sale may be made at either public or private sale, with or without notice, as the Owner may elect. The Owner shall release any machinery, equipment, tools, materials, or supplies that remain on the jobsite and belong to persons other than the Contractor or his Surety, if applicable, to their proper owners. The remedies provided to Owner by law, equity, contract, or otherwise, shall be cumulative, to the extent permitted by law. It is expressly agreed and understood that the exercise by Owner of the remedies provided in this paragraph shall not constitute an election of remedies on the part of Owner, and Owner, irrespective of its exercise of remedies hereunder, shall be entitled to exercise concurrently or otherwise, any and all other remedies available to it, by law, equity, contract or otherwise, including but not limited to, liquidated damages, as provided in paragraph 34, hereinabove set forth. 49. LIMITATION ON CONTRACTOR'S REMEDY The remedies of Contractor hereunder shall be limited to, and Owner shall be liable only for, work actually performed by Contractor and/or its subcontractors as set forth in the contract documents, and Owner shall not be liable for any consequential, punitive or indirect loss or damage that Contractor may suffer in connection with the project which is the subject matter of this contract. 50. BONDS The Contractor is required to furnish a performance bond in accordance with Chapter 2253, Government Code, in the amount of 100% of the total contract price in the event that said contract price exceeds $100,000 and the City of Lubbock Front End Documents 0001 11-99 City of Lubbock Canyon Lakes Sanitary Sewer Interceptor Rehabilitation — Phase 1 EContractor is required to furnish a payment bond in accordance with Chapter 2253, Government Code, in the amount of 100% of the total contract price in the event that said contract price exceeds $25,000. All bonds shall be submitted on forms supplied by the Owner, and executed by a Surety Company listed on the State Treasury's "Approved" list and authorized to do business in the State of Texas. It is further agreed that this contract shall not be in effect until such bonds are so furnished. 51. SPECIAL CONDITIONS In the event special conditions are contained herein as part of the contract documents and said special conditions conflict with any of the general conditions contained in this contract, then in such event the special conditions shall control. 52. LOSS OR EXPENSE DUE TO UNUSUAL OR UNANTICIPATED CIRCUMSTANCES Unless otherwise specified herein, all loss, expense or damage to the Contractor arising out of the nature of the work to be done, or from the action of the elements, or from any unforeseen circumstance or from unusual obstructions or difficulties, naturally occurring, man made or otherwise, which may be encountered in the prosecution of the work, shall be sustained and borne by the Contractor at his own cost and expense. 53. INDEPENDENT CONTRACTOR Contractor is, and shall remain, an independent contractor with full, complete and exclusive power and authority to direct, supervise, and control its own employees and to determine the method of the performance of the work covered hereby. The fact that the Owner or Owner's Representative shall have the right to observe Contractor's work during Contractor's performance and to carry out the other prerogatives which are expressly reserved to and vested in the Owner or Owner's Representative hereunder, is not intended to and shall not at any time change or effect the status of the Contractor as an independent contractor with respect to either the Owner or Owner's Representative or to the Contractor's own employees or to any other person, firm, or corporation. 54. CLEANING UP The Contractor shall at all times keep the premises free from accumulation of debris caused by the work, and at the completion of the work Contractor shall remove all such debris and also its tools, scaffolding, and surplus materials and shall leave the work room clean or its equivalent. The work shall be left in good order and condition. In case of dispute Owner may remove the debris and charge the cost to the Contractor. 55. HAZARDOUS SUBSTANCES AND ASBESTOS Hazardous Substances (herein so called), as defined in the Comprehensive Environmental Response, Compensation, and Liability Act (42 U.S.C.S. §9601(14)) and the regulations promulgated thereunder, as same may be amended from time to time, hydrocarbons or other petroleum products or byproducts and/or asbestos, in any form, shall not (i) be utilized, in any way, manner or form, in the construction of, or incorporation into, the Project; or (ii) be brought upon, placed, or located, by any party, on the Project site, or any other property of the City, without the written consent of the Owner's Representative. If Contractor believes that the utilization of a Hazardous Substance, hydrocarbons or other petroleum products or byproducts and/or asbestos is necessary in the construction of the Project, or that it is necessary to place and/or otherwise locate upon the site of the Project or other property of the City, a Hazardous Substance, hydrocarbons or other petroleum products or byproducts and/or asbestos, Contractor shall notify the Owner's Representative, and request consent therefrom, at least twenty (20) days prior to such action. Owner's Representative may grant or deny the request of Contractor and provide whatever requirements such consent, if granted, is conditioned upon, in its sole and absolute discretion. If City of Lubbock Front End Documents 0001 11-100 City of Lubbock Canyon Lakes Sanitary Sewer Interceptor Rehabilitation — Phase 1 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 asbestos; and (ii) are provided and utilize all protective equipment, including without limitation, personal protective gear, necessary to provide protection from exposure to Hazardous Substances, hydrocarbons or other petroleum products or byproducts and/or asbestos. 56. NONAPPROPRIATION All funds for payment by the City under this contract are subject to the availability of an annual appropriation for this purpose by the City. In the event of non -appropriation of funds by the City Council of the City of Lubbock for the goods or services provided under the contract, the City will terminate the contract, without termination charge or other liability, on the last day of the then -current fiscal year or when the appropriation made for the then -current year for the goods or services covered by this contract is spent, whichever event occurs first. If at any time funds are not appropriated for the continuance of this contract, cancellation shall be accepted by the Seller on thirty (30) days prior written notice, but failure to give such notice shall be of no effect and the City shall not be obligated under this contract beyond the date of termination. 57. THE CITY RIGHT TO AUDIT At any time during the term of this Contract and for a period of four (4) years thereafter the City or a duly authorized audit representative of the City, or the State of Texas, at its expense and at reasonable times, reserves the right to audit Contractor's records and books relevant to all services provided under this Contract. In the event such an audit by the City reveals any errors/overpayments by the City, Contractor shall refund the City the full amount of such overpayments within thirty (30) days of such audit findings, or the City, at its option, reserves the right to deduct such amounts owing the City from any payments due Contractor. 58. NON -ARBITRATION The City reserves the right to exercise any right or remedy available to it by law, contract, equity, or otherwise, including without limitation, the right to seek any and all forms of relief in a court of competent jurisdiction. Further, the City shall not be subject to any arbitration process prior to exercising its unrestricted right to seek judicial remedy. The remedies set forth herein are cumulative and not exclusive, and may be exercised concurrently. To the extent of any conflict between this provision and another provision in, or related to, this document, this provision shall control. 59. HOUSE BILL 2015 House Bill 2015 signed by the Governor on June 14, 2013 and effective on January 1, 2014, authorizes a penalty to be imposed on a person who contracts for certain services with a governmental entity and who fails to properly classify their workers. This applies to subcontractors as well. Contractors and subcontractors who fail to properly classify individuals performing work under a governmental contract will be penalized $200 for each individual that has been misclassified (Texas Government Code Section 2155.001). 1I City of Lubbock Front End Documents 00 01 11-101 City of Lubbock Canyon Lakes Sanitary Sewer Interceptor Rehabilitation — Phase 1 i i_ _s 60. HOUSE BILL 1295: DISCLOSURE OF INTERESTED PARTIES House Bill 1295, adopted by the 84th Legislature, created §2252,908, Texas Government Code. Section 2252.908 requires a business entity entering into certain contracts with a governmental entity or state agency to file with the governmental entity or state agency a disclosure of interested parties at the time the business entity submits the signed contract to the governmental entity or state agency. Section 2252.908 requires the disclosure form to be signed by the authorized agent of the contracting business entity, acknowledging that the disclosure is made under oath and under penalty of perjury. Section 2252.908 applies only to a contract that requires an action or vote by the governing body of the governmental entity or state agency before the contract may be signed or has a value of at least $1 million. Instructions for completing Form 1295 are available at: http://www.ci.lubbock.tx.us/departmental-websites/departments/purchasing/vendor-inforniati on r s City of Lubbock Front End Documents k. City of Lubbock Canyon Lakes Sanitary Sewer Interceptor Rehabilitation — Phase 1 00 01 11-102 Pate Intentionally Left Blank z City of Lubbock Front End Documents 0001 11-103 City of Lubbock Canyon Lakes Sanitary Sewer Interceptor Rehabilitation — Phase 1 M DAVIS-BACON WAGE DETERMINATIONS City of Lubbock Front End Documents City of Lubbock Canyon Lakes Sanitary Sewer Interceptor Rehabilitation — Phase 1 00 01 11-104 Pai!e Intentionally Left Blank EXHIBIT A General Decision Number: TX160007 01/08/2016 TX7 Superseded General Decision Number: TX20150007 State: Texas Construction Types: Heavy and Highway Counties: Armstrong, Carson, Crosby, Ector, Irion, Lubbock, Midland, Potter, Randall, Taylor and Tom Green - Counties in Texas. HEAVY & HIGHWAY CONSTRUCTION PROJECTS Note: Under Executive Order (EO) 13658, an hourly minimum wage of $10.15 for calendar year 2016 applies to all contracts subject to the Davis - Bacon Act for which the solicitation was issued on . r or after January 1, 2015. If this contract is covered by the EO, the contractor must pay all workers in any classification listed on this wage determination at least $10.15 (or the applicable wage rate listed on this wage determination, if it is higher) for all hours spent performing on the contract in calendar year 2016. The EO minimum wage rate will be adjusted annually. Additional information on contractor i requirements and worker protections under the EO >_< is available at www.dol.gov/whd/govcontracts. a; Modification Number Publication Date 0 01/08/2016 * SUTX2011-002 08/02/2011 Rates Fringes CEMENT MASON/CONCRETE FINISHER (Paving & Structures) ... $ 13.55 k ELECTRICIAN ...................... $ 20.96 i Qa FORM BUILDER/FORM SETTER Paving & Curb ............... $ 12.36 Structures ..................$ 13.52 Asphalt Raker ............... $ 12.28 Flagger.....................$ 9.30 Laborer, Common .............$ 10.30 Laborer, Utility ............ $ 11.80 Work Zone Barricade Servicer.................... $ 10.30 POWER EQUIPMENT OPERATOR: Asphalt Distributer ......... $ 14.87 Asphalt Paving Machine ...... $ 13.40 Broom and Sweeper ........... $ 11.21 Crane, Lattice Boom 80 Tons or Less ................ $ 16.82 Crawler Tractor Operator .... $ 13.96 Excavator, 50,000 lbs or less ................$ 13.46 Front End Loader Operator, Over 3 CY................... $ 12.77 Front End Loader, 3CY or less ................. $ 12.28 Loader/Backhoe.............. $ 14.18 Mechanic .................... $ 20.14 Milling Machine .............$ 15.54 Motor Grader, Rough ........ $ 16.15 Motor Grader, Fine .......... $ 17.49 Pavement Marking Machine .... $ 16.42 Reclaimer/Pulverizer........ $ 12.85 Roller, Asphalt .............$ 10.95 Roller, Other ............... $ 10.36 Scraper .....................$ 10.61 Spreader Box ................ $ 12.60 Servicer .........................$ 13.98 Steel Worker (Reinforcing) ....... $ 13.50 TRUCK DRIVER Lowboy -Float ................ $ 14.46 Single Axle ................. $ 12.74 Single or Tandem Axle Dump..$ 11.33 Tandem Axle Tractor with Semi ........................ $ 12.49 City of Lubbock Front End Documents -` City of Lubbock Canyon Lakes Sanitary Sewer Interceptor Rehabilitation - Phase 1 00 01 11-105 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) GO). The body of each wage determination lists the classification and wage rates that have been found to be prevailing for the cited type(s) of construction in the area covered by the wage determination. The classifications are listed in alphabetical order of "identifiers" that indicate whether the particular rate is a union rate (current union negotiated rate for local), a survey rate (weighted average rate) or a union average rate (weighted union average rate). Union Rate Identifiers A four letter classification abbreviation identifier enclosed in dotted lines beginning with characters other than "SU" or "UAVG" denotes that the union classification and rate were prevailing for that classification in the survey. Example: PLUM0198- 005 07/01/2014. PLUM is an abbreviation identifier of the union which prevailed in the survey for this classification, which in this example would be Plumbers. 0198 indicates the local union number or district council number where applicable, i.e., Plumbers Local 0198. The next number, 005 in the example, is an internal number used in processing the wage determination. 07/01/2014 is the effective date of the most current negotiated rate, which in this example is July 1, 2014. Union prevailing wage rates are updated to reflect all rate changes in the collective bargaining agreement (CBA) governing this classification and rate. Survey Rate Identifiers Classifications listed under the "SU" identifier indicate that no one rate prevailed for this classification in the survey and the published rate is derived by computing a weighted average rate City of Lubbock Front End Documents City of Lubbock f__R based on all the rates reported in the survey for that classification. As this weighted average rate includes all rates reported in the survey, it may include both union and non -union rates. Example: SULA2012-007 5/13/2014. SU indicates the rates are survey rates based on a weighted average calculation of rates and are not majority rates. LA s indicates the State of Louisiana. 2012 is the year of survey on which these classifications and rates are based. The next number, 007 in the example, is an internal number used in producing the wage determination. 5/13/2014 indicates the survey completion date for the classifications and rates under that identifier. Survey wage rates are not updated and remain in effect until a new survey is conducted. Union Average Rate Identifiers Classification(s) listed under the UAVG identifier indicate that no single majority rate prevailed for those classifications; however, 100% of the data reported for the classifications was union data. EXAMPLE: UAVG-OH-0010 4 08/29/2014. UAVG indicates that the rate is a weighted union average rate. OH indicates the state. The next number, 0010 in the example, is an internal number used in producing the wage determination. 08/29/2014 indicates the survey completion date for the classifications and rates under that identifier. A UAVG rate will be updated once a year, usually in January of each year, to reflect a weighted average of the current negotiated/CBA rate of the union locals from which the rate is based. 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 0001 11-104 5 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 City of Lubbock Front End Documents City of Lubbock 0001 11-105 EXHIBIT B Prevailing Wage Rates Overtime Rate The rate for overtime (in excess of forty hours per week) shall be as required by the Fair Labor Standards Act. EXHIBIT C' Prevailing Wage Rates Legal Holiday Rate IJ The rate for legal holidays shall be as required by the Fair Labor Standards Act. r—€ !z_8 _1 s I s t}} r � i 1 t City of Lubbock Front End Documents 00 01 11-104 City of Lubbock Canyon Lakes Sanitary Sewer Interceptor Rehabilitation — Phase 1 r, SPECIFICATIONS Page Intentionally Left Blank r CITY OF LUBBOCK, TX BID DOCUMENTS AND SPECIFICATIONS FOR THE FURNISHING OF CANYON LAKES SANITARY SEWER INTERCEPTOR REHABILITATION, PHASE I City of I U bock J CONTRACT #: 92318 CITY OF LUBBOCK JOB #: 215006 LAN JOB #: 160-10629-101 January 2016 Lockwood, Andrews & Newnam, Inc. LanA LEO A DALY COMPANY /r��P�E OF "TfX9sllt ............................. JUSTIN C. REEVES �.• 99359 Nl�\�S�CNAL �ENG�► LOCKWOOD, ANDREWS & NEWNAM, INC. FIRM NO. F-2614 01-13-2016 DIVISION 0 CONTRACTS 0001 10 TABLE OF CONTENTS Division / Title Section Lubbock Front End Documents City of Lubbock Public Works Engineering Minimum Design Standards and Specifications (By Reference Only*) Division 0 Contracts 0001 10 Table of Contents 0001 11 Lubbock Front End Documents 00 73 00 Special Conditions 00 75 00 Vendor Compliance to State Law Division 1 General Requirements 01 11 00 Summary of Work 01 2310 Alternates and Allowances 01 2900 Payment Procedures 01 31 00 Project Management and Coordination 01 31 13 Project Coordination 01 3216 Construction Progress Schedule 01 3233 Photographic Documentation 01 3300 Submittals 01 3500 Construction Sequence 01 4000 Quality Requirements 01 4523 Inspection and Testing Laboratory Services 01 5000 Temporary Sanitary Facilities 01 5700 Temporary Controls 01 5713 Storm Water Pollution Prevention Plan 01 5730 Odor Control 01 7000 Execution and Closeout Requirements *Although not printed and bound as part of the specification documents, this document is included by reference only and available at the City of Lubbock website. Table of Contents City of Lubbock Canyon Lakes Sanitary Sewer Interceptor Rehabilitation — Phase 1 00 01 10-1 SECTION 00 73 00 SPECIAL CONDITIONS These Special Conditions amend or supplement General Conditions for the Canyon Lakes Sanitary Sewer Interceptor Rehabilitation, Phase I. SCA CONTRACT DOCUMENTS Add the following to Paragraph 4. Specifications are written in modified brief style. Requirements apply to all work of the same kind, class, and type even though the word "all" is not stated. Simple imperative sentence structure is used which places a verb as the first word in the sentence. Where used, it is understood that the words "furnish", "install", "provide", or similar words include the meaning of the phrase "The Contractor shall..." before these words. Standard paragraph titles and other identifications of subject matter in the specifications are intended to aid in locating and recognizing various requirements of the specifications. Titles do not define, limit, or otherwise restrict specification text. Contractor, and any Subcontractor or Supplier or any other person or organization performing or furnishing any of the work under a direct or indirect contract with Owner (i) shall not have or acquire any title to or ownership rights in any of the drawings, specifications or other documents (or copies of any thereof) prepared by or bearing the seal of Engineer, and (ii) shall not reuse any of such drawings, specifications, other documents or copies on extensions of the project or any other project without written consent of the Owner and Engineer and specific written verification or adaptation by Engineer. However, nothing herein shall preclude Contractor from retaining copies of the Contract Documents for record purposes, unless specifically prohibited in writing by the Owner for security reasons. If the Owner so directs, Contractor shall surrender all copies of the construction contract documents and other related documents, in paper or digital format and remove these documents from computer equipment or storage devices as a condition of final payment. SC-2 INTERPRETATION OF PHRASES Add the following to Paragraph 5. "At no additional cost", "No additional pay", "Incidental to", "With no extra compensation", "At Contractor's expense", or similar words mean that the Contractor will perform or provide specified materials, services, and/or operations without any increase in the Contract Amount. It is understood that the cost for performing all work is included in the amount bid for other items as established in the Bid Form and will be performed at no additional cost to the Owner unless specifically stated otherwise. A "calendar day' shall be a day of twenty-four hours measured from midnight to the next midnight, and is any day of the year, with no days being excluded. A "working day' shall be a day which permits construction of the principal units of the work for a period hours as noted in the Contract Documents. Working days do not include days on which weather or other conditions not under the control of the Contractor prevent Contractor from working the hours defining a working day. Working days do not include Saturdays, Sundays or any of the following holidays: New Year, President's Day, Good Friday, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, the day after Thanksgiving, Christmas Eve and Christmas Day. Special Conditions 00 73 00-1 City of Lubbock Canyon Lakes Sanitary Sewer Interceptor Rehabilitation — Phase 1 SC-3 CONTRACTOR'S RESPONSIBILITIES f Add the following to Paragraph 8. Drawings and Specifications do not indicate or describe all of the work required to complete the project. Additional details required for the correct installation of selected products are to be provided by the Contractor and coordinated with the Engineer. Organization of Contract Documents is not intended to control or to lessen the responsibility of the Contractor when dividing work among Subcontractors, or to establish the extent of work to be performed by any trade, Subcontractor or Supplier. Specifications or details do not need to be indicated or specified in each specification or drawing. Items shown in the contract documents are applicable regardless of location in the Contract Documents. SC-4 CONTRACTOR'S LAYOUT OF WORK Add the following to paragraph 10. The Contractor's responsibility for laying out all work shall include, but not be limited to, surveying services and equipment as needed for horizontal and vertical location and control of the work. A list of vertical and horizontal control points or bench marks in the project vicinity will be furnished to the Contractor. SC-5 RIGHT OF ENTRY Add the following to Paragraph 12. Contractor shall provide for all additional lands and access thereto that may be required for temporary construction facilities or storage of materials and equipment. A copy of the written agreements for the use of such land shall be provided to the Owner on request for record purposes. SC-6 LINES AND GRADES Add the following to Paragraph 13. Lines and grades are indicated in the drawings for the Contractor's layout of the work, therefore the Owner's Representative has furnished lines and grades to the Contractor, as part of the Contract Documents. SC-7 SUPERINTENDENCE AND INSPECTION Add the following to Paragraph 15. The Owner's Representative may also appoint contracted individuals and business entities to serve in the capacity of subordinate engineers, supervisors or inspectors. Such subordinate inspectors are defined as Resident Project Representatives (RPR). For the purpose of this paragraph, Engineer is defined as a contracted licensed engineer, or engineering firm, subordinate to Owner's Representative. RPR is the Engineer's agent during construction, will act as directed by and under the supervision of Engineer, and will confer with Engineer regarding RPR's actions. RPR's dealings in matters pertaining to the on -site work shall in general be with Engineer and Contractor keeping Owner's Representative advised as necessary. RPR's dealings with subcontractors shall only be through or with the full knowledge and approval of Contractor. RPR shall generally communicate with Special Conditions 00 73 00-2 City of Lubbock Canyon Lakes Sanitary Sewer Interceptor Rehabilitation — Phase 1 r Owner's Representative with the knowledge of and under the direction of and the direction of the ry` Engineer. SC-7.1 Liaison: Serve as Engineer's liaison with Contractor, working principally through Contractor's superintendent and assist in understanding the intent of the Contract Documents, and assist Engineer in serving as Owner's liaison with Contractor when Contractor's operations affect OWNER's on -site operations. Assist in obtaining from OWNER additional details or information, when required for proper execution of the Work. SC-7.2 Shop Drawings and Samples: Receive samples which are furnished at the site by Contractor, and notify Engineer of availability of samples for examination. Advise Engineer and Contractor of the commencement of any Work requiring a Shop Drawing or sample if the submittal has not been approved by the Engineer. SC-7.3 Review of Work, Rejection of Defective Work, Inspections and Tests: Conduct on -site observations of the Work in progress to assist Engineer in determining if the Work is in general proceeding in accordance with the Contract Documents. Report to Engineer whenever RPR believes that any Work is unsatisfactory, faulty or defective or does not conform to the Contract Documents, or has been damaged, or does not meet the requirements of any inspection, test or approval required to be made; and advise Engineer of Work that RPR believes should be corrected or rejected or should be uncovered for observation, or requires special testing, inspection or approval. Any failed test resulting in a retest, shall be provided at the Contractor's expense and shall be deducted from the Contractor's monthly pay estimate. Verify that tests, equipment and systems startups and operating and maintenance training are conducted in the presence of appropriate personnel, and that Contractor maintains adequate records thereof; and observe, record and report to Engineer appropriate details relative to the test procedures and startups. Accompany visiting inspectors representing public or other agencies having jurisdiction over the Project, record the results of these inspections and report to Engineer. SC-7.4 Reports: Furnish Engineer periodic reports as required of progress of the Work and of Contractor's compliance with the progress schedule and schedule of Shop Drawing and sample submittals. Consult with Engineer in advance of scheduled major tests, inspections or start of important phases of the Work. Report immediately to Engineer and Owner upon the occurrence of any accident. SC-7.5 Payment Requests: Special Conditions 00 73 00-3 City of Lubbock Canyon Lakes Sanitary Sewer Interceptor Rehabilitation — Phase 1 t Review applications for payment with Contractor for compliance with the established procedure for their submission and forward with recommendations to ENGINEER, noting particularly the relationship of the payment requested to the schedule of values or unit price bid items. Work completed and materials and equipment delivered at the site but not incorporated in the Work. SC-7.6 Limitations of Authority: Resident Project Representative: Shall not authorize any deviation from the Contract Documents or substitution of materials or equipment, unless authorized by Engineer. Shall not exceed limitations of Engineer's authority as set forth in the General Conditions of the Agreement or the Contract Documents. Shall not undertake any of the responsibilities of Contractor, subcontractors or Contractor's superintendent. Shall not advise on, issue directions relative to or assume control over any aspect of the means, methods, techniques, sequences or procedures of construction unless such advice or directions are specifically required by the Contract Documents. Shall not advise on, issue directions regarding or assume control over safety precautions and programs in connection with the Work. Shall not accept Shop Drawing or sample submittals from anyone other than Contractor. Shall not authorize Owner to occupy the Project in whole or in part. Shall not participate in specialized field or laboratory tests or inspections conducted by others except as specifically authorized by Engineer. SC-8 CONTRACTOR'S DUTY AND SUPERINTENDENCE Add the following to Paragraph 16. The person representing the Contractor (i.e., superintendent) shall be considered the single, authorized point of contact between the Owner's Representative and the Contractor. Designations of different persons of contact, or contact designations that divide, or attempt to divide, the Contractor's accountability and responsibility under the contract documents shall be grounds for suspending the operations of the Contractor without recourse on the part of the Contractor. The Contractor's designated superintendent shall be physically and locally present until such time as the Owner issues notice of final completion. SC-9 CONTRACTOR'S UNDERSTANDING Add the following to Paragraph 17. Before undertaking each part of the Work, Contractor shall carefully study and compare the Contract Documents and check and verify pertinent figures shown thereon and all applicable field measurements. Promptly report in writing to the Engineer any conflict, error, ambiguity or discrepancy discovered and obtain a written interpretation from the Engineer before proceeding with any work affected thereby. In the event of a conflict in the Drawings, Specifications, or other Special Conditions 00 73 00-4 City of Lubbock `"' Canyon Lakes Sanitary Sewer Interceptor Rehabilitation — Phase 1 1, portions of the Contract Document the City of Lubbock Standard Specification (included herein by reference) shall take precedence over other Specifications and the Drawings, and the Specifications shall take precedence over the Drawings in the performance of work. However, in the event of such conflicts where not reported prior to the Award of the Contract, the Contractor shall be deemed to have included the most expensive item in their bid. SC-10 CHARACTER OF WORKERS Add the following to Paragraph 18. The provisions regarding the character of workmen shall also include persons of female gender wherever the words "man" or "men" are used. The provisions for character of Workmen shall be construed to include, but not be limited to, the Contractor's superintendent, Contractor's subcontracted work forces, subcontractor superintendents, laborers, and supervisors. When such workmen are discharged from the work, such workmen shall not be associated with the work in any capacity or function whatsoever. SC-11 OBSERVATION AND TESTING General Condition Paragraph 21 is retained in its entirety. Add the following to General Condition Paragraph 21: Testing may be performed by a separate testing party selected by the Owner. The Owner will be ' responsible for initial testing, and the Contractor will be responsible for all retesting if deemed necessary by the Owner in accordance with General Condition Paragraph 21, Observation and Testing. The Contractor shall make available, or leave in place, for the Owner's observing or testing party equipment for the safe ingress and egress pertaining to the item of work. Such equipment shall include, but not be limited to, oxygen monitors, toxic gas monitors, flammable gas indicators, hoists, harnesses, ladders, excavation shoring, lighting, and ventilation. Failure to make sufficient equipment and monitors available for Owner's observation of the work shall be prima facie evidence that the work does not comply with the Contract Documents, specifications, or drawings. SC-12 PAYMENT WITHHELD Add the following to Paragraph 46. (h) Compensation for Engineer for third review of submittals, review of substitutions, re - inspection fees, inspections or designs related to correction of defective Work, or other services identified as requiring payment by the Contractor in the Contract Documents. Such compensation will be based on the following rates, which are subject to an increase of 3% annually beginning 12 months from notice to proceed, and expenses shall be paid at the actual cost times 1.10. Position Hourly Rate Principal in Charge / Technical Advisor $275 Senior Project Manager $250 Senior Civil Engineer $185 Project Manager $160 Special Conditions 00 73 00-5 City of Lubbock Canyon Lakes Sanitary Sewer Interceptor Rehabilitation — Phase 1 Project Engineer $138 Graduate Engineer $115 Senior Designer $115 Senior Admin Staff $85 Admin Staff $70 Intern $55 SC-13 UNDERGROUND FACILITIES For the purpose of this Special Provision, Underground Facilities shall be defined as all pipelines, conduits, ducts, wires, cables, manholes, vaults, tunnels or other such facilities or attachments, and any encasements containing such facilities which have been installed underground to furnish any of the following services or materials: electricity, gases, steam, liquid petroleum products, telephone or other communications, cable television, sewage and drainage removal, traffic or other control systems or water. The information and data shown or indicated in the Contract Documents with respect to existing Underground Facilities at or contiguous to the site is based on information and data furnished to Owner or Engineer by the owners of such Underground Facilities or by others. Unless it is otherwise expressly provided in the General Conditions of the Agreement: Owner and Engineer shall not be responsible for the accuracy or completeness of any such information or data; and The cost of all the following will be included in the Contract Price and Contractor shall have full responsibility for: o reviewing and checking all such information and data, o locating all Underground Facilities shown or indicated in the Contract Documents, o coordination of the Work with the owners of such Underground Facilities during construction, and o the safety and protection of all such Underground Facilities as provided in paragraph 21 of the General Instructions to Bidders and repairing, to the satisfaction of the facility owner, any damage thereto resulting from the Work. If an Underground Facility is uncovered or revealed at or contiguous to the site which was not shown or indicated in the Contract Documents, Contractor shall, promptly after becoming aware thereof and before further disturbing conditions affected thereby of performing any Work in connection therewith (except in an emergency as required to prevent injury, loss of life, or damage to property), identify the owner of such Underground Facility and give written notice to that owner and to Owner and Engineer. SC-14 SUBSTITUTES OR EQUAL ITEMS Where equipment and products are specified by name, no substitutes or "or -equal" will be considered or approved unless the term "or -equal" is included in the individual Specification. If substitutes or `or equals" are specifically permitted for consideration by the individual Specifications, they must be submitted and will be reviewed and evaluated in accordance with the provisions established in the Contract Documents. All data to be provided by Contractor in support of any proposed or -equal or substitute item will be at Contractor's sole expense and Engineer will make the sole judgment of acceptability. Special Conditions 00 73 00-6 City of Lubbock Canyon Lakes Sanitary Sewer Interceptor Rehabilitation — Phase 1 No "or -equal" or substitute will be ordered, installed or utilized until Engineer's review is complete, which will be evidenced by either a Change Order or Field Order. SC-15 RECORD DOCUMENTS Contractor shall maintain in a safe place at the site one record copy of all Drawings, Specifications, Addenda, Written Amendments, Change Orders, Work Change Directives, Field t- Orders and written interpretations and clarifications in good order and annotated to show all changes made during construction. These record documents together with all approved Samples and a counterpart of all approved Shop Drawings will be available to Engineer for reference. Upon completion of the Work, these record documents, Samples and Shop Drawings will be delivered to Engineer for Owner. Failure to maintain and safeguard these required documents shall be grounds for the Owner to issue a non-compliance directive to the Contractor and withhold all payments until such non- compliance is remedied. SC-16 DUST CONTROL Sprinkling for dust control shall consist of the authorized application of water or other material approved by the Owner and as directed and as herein specified. It shall be the responsibility of the Contractor to take preventative measures to eliminate, reduce, t" or alleviate any dust nuisance in the work area. This control of dust nuisance is most important in populated areas. The Owner will approve the method used. Should the Contractor fail to control dust as outlined above the Owner may suspend the work until corrective measures are taken. Water or other material approved by the Owner shall be furnished by the Contractor and shall be clean, free from industrial waste and other objectionable matter. Emulsions may be allowed with _. prior approval by the Owner. The Contractor shall furnish and operate a sprinkler equipped with positive and rapidly working cutoff valves and approved spray bars, which shall insure the distribution of material in a uniform and controllable rate of application. It shall be the Contractor's continuous responsibility to be on call at all times including nights, holidays, weekends, etc. and respond in a timely manner, until acceptance of the project by the Owner, to maintain the project free of dust in a manner which shall cause the least inconvenience to the public. Dust Control shall be considered as incidental work and shall not be paid for as a separate item; the cost thereof shall be included in such contract pay items as are provided. SC-17 STANDARDS Comply with the most stringent requirements where compliance with two (2) or more standards is specified, and they establish different or conflicting requirements for minimum quantities or quality levels, unless Contract Documents indicate otherwise. Refer instances of uncertainty to the Engineer for a decision before proceeding. Comply with applicable construction industry standards as if bound or copied directly into the Contract Documents regardless of lack of reference in the Contract Documents. Apply provisions of the Contract Documents where Contract Documents include more stringent requirements than the referenced standards. Standards referenced directly in the Contract Documents take precedence over standards that are not referenced. Make copies of reference standards available as requested by Engineer or Resident Project Representative. _ END OF SECTION Special Conditions 00 73 00-7 City of Lubbock Canyon Lakes Sanitary Sewer Interceptor Rehabilitation — Phase 1 No Text SECTION 00 75 00 VENDOR COMPLIANCE TO STATE LAW Chapter 2252 of the Texas Government Code applies to the award of government contract to non-resident bidders. This law provides that: "a government entity may not award a governmental contract to a nonresident bidder unless the nonresident underbids the lower bid submitted by a responsible resident bidder by an amount that is not less than the amount by which a resident bidder would be required to underbid the nonresident bidder to obtain a comparable contract in the state in which the nonresident's principal place of business is located." "Nonresident Bidder" refers to a person who is not a resident of Texas "Resident Bidder" refers to a person whose principal place of business is in this state, including a contractor whose ultimate parent company or majority owner has its principal place of business in this state. Check the statement that is correct for Bidder. [� Non-resident bidders in (give state), our principal place of business, are required to be percent lower than resident bidders by State law. A copy of the statute is attached. [� Non-resident bidders in (give state), our principal place of business, are not required to under bid resident bidders. [] Our principal place of business or corporate offices are in the State of Texas. Bidder: Company Name: By Name: Title: Business address: Phone: Facsimile: (typed or (Signature -- attach evidence of authority to sign) (typed or printed) (Signature of Corporate Secretary) E-mail Vendor Compliance To State Law City of Lubbock Canyon Lakes Sanitary Sewer Interceptor Rehabilitation — Phase 1 00 75 00-1 DIVISION 1 GENERAL REQUIREMENTS No Text SECTION 01 11 00 SUMMARY OF WORK PART1 GENERAL 1.01 WORK INCLUDED A. Construct work as described in the Contract Documents. c 1. Provide the materials, equipment, and incidentals required to make the project completely operable. 2. Provide the labor, equipment, tools, and consumable supplies required for a complete project. 3. Provide the civil, structural, mechanical and all other work required for a complete and operable project. 4. Test and place the completed project in operation. 5. Provide the special tools, spare parts, lubricants, supplies, or other materials as indicated in Contract Documents or as otherwise required for the operation and maintenance of the Project. 6. Install Owner provided products and place in operation. 7. Drawings and specifications do not indicate or describe all of the work required to complete the project. Additional details required for the correct installation of selected products are to be provided by the Contractor and coordinated with the Engineer as appropriate. 1.02 JOB CONDITIONS _. A. The General Conditions, the Supplemental and/or Special Conditions, and General Requirements apply to each specification section. B. Comply with all applicable federal, state and local codes and regulations pertaining to the nature and character of the work being performed. 1.03 DESCRIPTION OF WORK A. Work is described in general non -inclusive terms as: 1. All pipeline dewatering and surface restoration operations necessary to complete the work. 2. Rehabilitation of approximately 3 existing manholes, replacement of approximately 12 existing manholes, and addition of approximately 27 new manholes. 3. Auger Boring and Open Cut Installation for approximately 5,400 LF of 24-inch to 30- inch diameter sewer pipeline. 4. Installation of approximately 740 LF of 18-inch diameter sewer pipeline by Open Cut and Auger Boring. u Summary of Work 01 11 00-1 City of Lubbock Canyon Lakes Sanitary Sewer Interceptor Rehabilitation — Phase 1 5. Reroute existing laterals (including reconnection) as required and as shown on the contract documents. Lateral locations are based on best available information, any laterals identified in the field outside of the contract documents shall be rerouted/reconnected at no additional cost to the owner. 6. Providing and installing temporary bypass pumping. 7. Installation and maintenance of temporary bypass pumps, pipes, diversion of sanitary sewer force mains, sump pits, and provisions for vehicles to cross them. 8. Provision for odor control during operations or when manholes or sewers are uncovered for periods of time exceeding 4 hours. 9. Pumping of low spots on the pipeline that are not drained by gravity, and cleaning these low spots. Bypass pumping and piping system to provide dry condition where required for cleaning and CCTV operations, and/or new pipe installation. 10. Restoration of surfaces damaged during execution of the work to pre construction condition or better, matching material, line, and grade of disturbed paved surfaces. 11. Locating existing manholes covered by soil. 12. Coordination of work with local property owners. 13. Restoring disturbed areas as segments of work are completed. 14. Providing Storm Water Pollution Prevention Plan (SWPPP) 1.04 BNSF COORDINATION A. Utility Crossing Permit Permits required for all proposed crossings of new utilities have been acquired outside of these Contact Documents. Copies will be made available on award. 2. Prior to developing construction schedule, coordinate with Owner to acquire complete, executed copies of all executed permits. B. Temporary Occupancy Permit Improvements, including any and all cleaning, abandoning, removal, and/or grout fill activity, as well as other proposed work on, to, or within existing pipelines require a temporary occupancy permit from BNSF, at each location. The BNSF Temporary Occupancy permit is included in the contract documents after this specification (01 11 00 Summary of Work). 2. Acquisition of temporary occupancy permits and all associated costs are the responsibility of the Contractor and are incidental to proposed work. Temporary occupancy permits require approximately 6 weeks for review per BNSF; however, this timeline is an estimate only. No extension to the construction duration will be granted for failure to apply for and acquire required permits. C. Pipeline Abandonment Summary of Work City of Lubbock Canyon Lakes Sanitary Sewer Interceptor Rehabilitation — Phase 1 01 11 00-2 1. Cut, plug, purge, and grout fill existing pipeline within BNSF rights -of -way 30-feet each side of track centerline. 2. Remove and dispose of existing carrier pipe and casing pipe from a point 30-feet from the track centerline to the BNSF right-of-way line (both sides, unless otherwise noted in the Drawings). For additional information, reference the BNSF Utility Accommodation Policy (latest edition). All work shall be performed in accordance with BNSF prescribed policies. 4. Removal and abandonment within BNSF property shall be paid from other established removal and abandonment pay items. D. Prior to commencing any work on, under, across, or immediately adjacent to BNSF property, ( the contractor and all sub -contractors, personnel, or other parties who will be working in these areas shall complete the safety training program at the website: http://www.contractororientation.com. This training must be completed no more than one year in advance of entry onto BNSF property. Proof of training completion shall be retained onsite at all times for review by Owner, Engineer, BNSF or other jurisdictional authority. E. Contact BNSF Roadmaster a minimum of 2 calendar weeks prior to beginning work on, under, across, or immediately adjacent to BNSF property. 1.05 TEXAS DEPARTMENT OF TRANSPORTATION (TXDOT) COORDINATION A. Utility Crossing Permit Permits required for all proposed crossings of new utilities on highway rights -of -way have been acquired outside of these Contact Documents. Prior to developing construction schedule, coordinate with Owner to acquire complete, executed copies of all executed permits. It is the responsibility of the contractor to note permit expiration dates and update or apply for extension as required. 3. Any additional permit acquisition and associated costs are the responsibility of the Contractor and are incidental to the proposed work. B. Permit to Construct Access Driveway Facilities on Highway Right of Way 1. Driveway permits have been acquired outside of these Contract Documents. 2. Prior to developing construction schedule, coordinate with Owner to acquire complete, executed copies of all executed permits. It is the responsibility of the contractor to note permit expiration dates and update or apply for extension as required. 3. Any additional permit acquisition and associated costs are the responsibility of the Contractor and are incidental to the proposed work. 1.06 WORK UNDER OTHER CONTRACTS A. The following items of work are not included in this contract, but may impact construction scheduling, testing, and start up: 1. Construction of the City of Lubbock Northwest Water Reclamation Plant. Summary of Work 01 11 00-3 °.r City of Lubbock Canyon Lakes Sanitary Sewer Interceptor Rehabilitation — Phase 1 B. Contractor shall coordinate with the City of Lubbock for adjacent project needs and schedules ' before commencing any work. PART 2 PRODUCTS 2.01 MATERIALS A. Provide materials and products per the individual sections of the specifications. END OF SECTION Summary of Work 01 11 00-4 City of Lubbock Canyon Lakes Sanitary Sewer Interceptor Rehabilitation — Phase 1 7 r 01 11 00 SUMMARY OF WORK ATTACHMENT A RA/L WA Y t' TEMPORARY OCCUPANCY PROCESS INSTRUCTIONS r._ I Licensing Process: If you require access to BNSF Railway Company's property for a Seismic Survey you must first enter into a Lease Agreement. Please contact: Jennifer Kindred Phone: (918) 895-8037 Farmers National Company 5110 S. Yale Suite 400 Tulsa, OK 74135 ikindred(a).farmersnational.com After submitting a Lease Agreement with your application package Jones Lang LaSalle Brokerage, Inc. (JLL) will review the area to determine ownership of mineral rights and forward to the local BNSF Roadmaster for approval. . 1. Once application package is received by (JLL), and all prior approvals have been obtained, if required, the application and drawing will be forwarded to the engineering firm to prepare the Exhibit "A" drawings for the contract. This process takes approximately 10 to 15 working days. 2. When the Exhibit "A" is completed, a contract will be prepared and two (2) copies will be forwarded to you for an original signature. A letter will be sent to you that will provide directions regarding .. insurance and any additional fees. �3. Return the signed contracts (2 contracts with original signatures), along with the appropriate . payment to JLL's Permit Department. 4. The final contracts, with original signatures, are presented for execution provided payment has been received and insurance has been approved. 5. Once the contract is executed, one original will be returned to you for your files. 6. Prior to commencing any work on the Premises, Licensee shall complete and shall require its contractor (all parties who will be working on the site) to complete the safety training program at Internet VVebsite http://www.contractororientation.com . This training must be completed no more than one year in advance of Licensee's entry on the Premises. 7. The cover letter and the executed contract will list the Roadmaster's name and phone number. You will need to contact the Roadmaster ten (10) days prior to beginning work. Process Time: Please be advised that the average time period for completion of this process is 4 weeks from the time that the application is received. Eve effort will be made to complete this process in a time) manner. PP Every P P Y Insurance Requirements for the following Agreement: Temporary Occupancy Commercial General Liability Contractual Liability with a combined single limit of a minimum of $2,000,000 each Insurance occurrence and an aggregate limit of at least $4,000,000. Business Automobile Combined single limit of at least $1,000,000 per occurrence. Insurance Workers Compensation and Employers' Liability with limits of at least $500,000 each accident, $500,000 by Employers Liability Insurance disease policy limit, $500,000 by disease each employee. Railroad Protective Liability Coverage of at least $2,000,000 per occurrence and $6,000,000 in the aggregate, Insurance with the exception of New Mexico in which coverage is $5,000,000 per occurrence and $10,000,000 in the aggregate Note: These limits are subject to change without notice. An Agreement will be provided to you, which contains details concerning insurance requirements. Please send the following so we may process your License request: 1. If License is for a Seismic Survey send a copy of your Lease Agreement. 2. Completed Application. 3. $750 non-refundable processing fee. Check should be made payable to BNSF Railway Company. 4. One set of drawings (no larger than 11 x 17) for the area to be occupied. (Include: streets, distance from tracks and streets, mileposts if available and any distinguishing land marks.) Please ensure all information is accurate, as each change will add an additional $750 to the processing fee. Forward application and payments to: Jones Lang LaSalle Brokerage, Inc. Attn: Permit Services 4300 Amon Carter Blvd. Suite 100 Ft. Worth, TX 76155 . b RA/LWAY ~' Jones Lang LaSalle Brokerage, Inc. Attn: Permit Services 4300 Amon Carter Blvd. Suite 100 Fort Worth, TX 76155 APPLICATION FOR TEMPORARY OCCUPANCY Applicants Tax ID # or SS # We submit for your approval the following application for temporary occupancy on BNSF Railway Company's right of way as shown on the enclosed location plan and detailed sketch. Legal Name of Company/Municipality that will occupy the property If a corporation State in which incorporated (If not incorporated, attach name(s) of owners or partners.) Contact Name: Phone # FAX Mailing Address: Email Address: Legal Name of Contractor performing work: If a corporation State in which incorporated Contact Name: Mailing Address: Email Address: (If not incorporated, attach name(s) of owners or partners.) Phone # FAX Is this project ARRA funded? Yes ❑ No ❑ Is this a condemning authority? Yes ❑ No ❑ Is Applicant a Railroad Shipper? Yes ❑ No ❑ If yes, BNSF Marketing Rep Name Was this service requested by BNSF? Yes ❑ No ❑ If yes, BNSF person requesting service Is this in conjunction with a track or track expansion project? Yes ❑ No ❑ If yes, BNSF contact name Purpose of Occupancy? Name of nearest town on RR County Name of nearest roadway crossing RR Location of proposed occupancy '/4 Section Township Railroad Milepost Latitude Is the work to be performed within 50 ft. of the track? Yes ❑ No ❑ Percentage of project done within 50 ft. of the tracks. % Phone # Phone # Phone # State Range Longitude Area to be occupied ft. (x) ft. Length of time for Project: Date from: Date to: Will a crossing under the railroad tracks be required? Yes El No ❑ If yes, location of railroad mileposts Total cost of project $ For a Seismic Survey: Dates you will actually be on property Total # of cables on property Attached to this sheet is a location plan and a detailed sketch. Shown on the sketch are exact dimensions of the project area and distances to the centerline of nearest railroad track and road crossing, bridge or other railroad structure. I understand that submission of this application does not authorize occupancy of the property. Exact fees and insurance requirements will be forwarded after the application has been reviewed and approved by the BNSF. Date: Signed: Print Name: Title: Phone #: FAX If you require additional assistance, please contact your Jones Lang LaSalle Brokerage, Inc. representative. �� .. t � ". 01 11 00 SUMMARY OF WORK ATTACHMENT B --1 Ir✓1 ....r1 Imo..^.-* l.'.'^y, �""'_"^ .��^ ��t e-i"'^, !-^-^-'� f��� .^�1, �'� I^"--� A...T� ��_� .....ram, r-l—'� r'v"'t X+ r Canyon Lakes Sanitary Sewer interceptor Rehabilitation Lubbock TIAAi D� La�> i DIM- AO rt Lan6nn*R*!CbYIG. 1320 SvAh U,*WS4 DMe. UnK-11y C— II, Sups 450 n[n �pMem v�N FHTRA� Np1Fc - - FM WoH1h, TX 76107 T*1817a20-0420 1. STOW SHALL BE 3 TO S INCH DWCrER COARSE AGGREGATE- Wft- wnWV.nJ 2. THE THICKNESS SHALL NOT BE LESS THAN 12 INCHES, 3. WHEN NECESSARY. VEINCLES SHALL BE CLEANED TO DIG-TESS NOTE. COtCTRACTOR SHALL CONTACT DICLTESS (1-800DIG-TESS) FOR RD,GVE SEMAENT PRIOR TO ENTRANCE ONTO A PUBLIC ROADWAY, WHET! WASHING IS REOUGED. ITSH UL BE DONE ON AN AREA STABILIZED WRH CRUSHED STONE WITH DRAINAGE FlbWTD AWAY FROM BOTH THE STREET EN NA THE STABILIZED TRANCE. ALL SEDIMENT GALL BE PREVENTED FROM ENTERCq ANY STORM DRAIN. UTILITY LOCATES NO LATER THAN TWO FULL VVDRKING DrrCH OR WATERCOURSE USING APPROVED METII00,. DAYS PRIOR TO COMMENCING 4. THE ENTRANCE SHALL K "WANED IN A CONDITION GRADINGRPA WHICH Wi PREVENT TRACKING OR FLOWING OF SEDIMENT ONTO PAVED SURFACES. THIS W REQUIRE PERIODIC TOP DR65YD WRH ADDITIONAL STONE AS CONDMONS DEMAND. AU. SEGMENT SPILLED. DROPPED. WASHED, OR TRACKED ONTO PAVED SURFACES MUST BE RENPrED "ELIATAY. S. THE DRRANCE MUST BE PROPERLY GRADED OR *CORPORATE A DRAINAGE SWALE TO PREVENT RUNOFF TENSIONS FR011 LEAVING THE CONSTRUCTION SNE e. PREVENT SHORTCUTRNG OF THE FULL LENGTH OF THE CONSTRUCTION ENTt44M BY *GTALUWQ BARRIERS AS NECESSARY. I FILE LOG I • � 1' 4: 'rT� 4 �' 4 — y�,i9li L. { .. '7#?• %' 1 INTERIM REVIEW ONLY 4 J.O.: 215M92318 23 C.I.P. Ik DESIGNEDD B BY :: WAB r, pr L;ZTAT� DRAWN BY: ORB CHECKED BY: HTS GATE: MARCH 201E f r A BID PACKAGE 1 A ' TEMPORARY . CONSTRUCTION ENTRANCE NORTH UNIVERSITY AVENUE 1 OF 3 Canyon Lakes Sanitary Sewer Interceptor Rehabilitation Z 'vl1. Lubbof ock 11AAf 0� ,1~ o) . 1 OICB _ on Lan ... _... 1320 SOU, Uhh a Di". UYwtlly CN 11, Sidle 450 .+ Pe nFn C1IN_eTva v�vNN FNTRA ._ NOTES, Fat Watts, TX 76107 1. STONE SKW. BE S TO S NCH 01N@TER COARSE Tel 817.620-W20 Nyx.lan,tp.ayn AJ..Ilrfli£. 2. THE TOOESS Sll l NOT BE LESS THAN 12 NC1E5. S. WHEN NECESSARY, VEMCUES SIWl BE CLEANED TO Or—TESS NOTE: REINT'E SEDWENT PRIOR TO ENTRANCE ONTO A PIRUC ROADWAY, WHEN WASHING 6 REOUREO. R SHALL BE DON ON AN AREA STABLaM WITH CRUSHED STOKE CONTRACTOR SHALL CONTACT WITN DRAINAGE FLOOM AWAY FROU BOTH THE STREET D(0-TESS(1-800-OI TESS)FOR AND THE STABILIZED ENTRANCE ALL SEDNENT SHALL SE PREYVaO) FROM ETERNC ANY bTOWI & UTILRY LOCATES NO LATER THAN TWO FULL WORKING D(TCH OR WATERCOURSE USNO APPRO10 METHOD". DAYS PRIOR TO COMMENCNO A. THE ENTRANCE SHALL BE MAJNTARED N A CONORON GRAOING'PA WMCH WILL PRO'ENT TRACKM OR FLOMNO OF SEDNtNT ONTO PAVE] SURFACES. THIS MAY REOURE PUUODIC TOP DRESBNIO WITH ADOMONAL STONE AS CONOMONS DEMNO. ALL SED0030 SPELID. DROPPED, WASHED. OftTRACKED "'0 PAVE) SURFACES MUST SE RELKNED NMEDIATELY. S. THE E]RRND[ MUST BE PROPERLY G7MOm OR NCWRORATE A DRANAOE SWALE TO PREVENT RI.NNOFI REVISIONS FROM UEA NG THE CONSTRUCDMN SITE 6. PREMD4 SHORTCVTIINO OF THE FULL LENGTH OF THE CONSTRUCTION ENTRANCE BY NSTAUUM BAMERS AS NECESSARY. FILE LOG J.O.: 215DDO C.I.P. IA 92318 DESIGNED BY: WAS DRAWN BY: DPB CHECKED BY: HTS DATE: MARCH 2O18 BID PACKAGE 1 TEMPORARY CONSTRUCTION ENTRANCE TEXAS 289 LOOP 2OF3 Canyon Lakes Sanitary Sewer Interceptor Rehabilitation Lubbock T1,A1 D� (a R7 � Awd,Wws Lan 1320 Swb Lh NenNy DO- LwmwWy Cw II, SuRe 450 m (,yWcnw rm+ uAs OEHERu ND c Fan Werth. T7( 76107 Tel 817-8200 20 1. aSHALL BE 3 TO 5 NCH D6"TER CWLSEAOCRE W.,r,VJen.IOC,CgR 2. THE THICKNESS 9MLL NOT BE LESS THAN 12 WDHES Or-TESS NOTE 3. WHEN NECESSARY. VEBCLES SHALL W CLEWED TO RElh0W SEDIMFNf PRIOR TO ERRANCi ONTO A PUBLIC ROADWAY, WHEN WASHWO 5 REWIRED. R 9MLL BE DONE ON AN AREA STA1R12E0 'MTH CRMHED STONE CONTRACTOR SHALL CONTACT WRH DRAKAGE FLOWING AWAY FROM BOTH THE MEET DIG-TESS (1 800.DIC-TESS) FOR AND THE STAA ZED ENTRANCE ALL SEDNENT 9MLL BE PREVENTED FROM ENTERING ANY STORM DRAM. UnUTY LOCATES NO LATER THAN TWO FULL WORKING DRCII OR WAIERCC 1 LSWG APPROVED W`Er1 05. DAYS PRIOR TO COMMENCING 4. THE ENTRANCE SMALL BE MAWTAIED W A CONNTION GRADING19A WHICH WILL PREVENT TRACKING OR FLOWNLC OF SEDIMENT ONTO PAVED SURFACES. THIS MAY REQUIRE PERIODIC TOP DRESSM WRH ADORTDNAL STONE AS CONORIONS DEMAND. ALL SE014E T SPRIER. DROPPED. WASHED, OR TRACKED ONTO PAVED SLWALES MUST BE REMOVED NIYEDNTELY. S. THE ENTRANCE MUST BE PROPERLY GRADED OR RICORNRATE A DRNIV,E SYIALE TO PREVENT KWOFF REVISIONS FROM LEAVWO THE CONSTRULTKIN SRE 6. PREVENT 94ORTCUTNNG OF M FULL LENGTH OF THE CONSTRUCTION ENTRANCE BY WSTAWHG BARRIERS AS NECESSAA . FILE LOG BNTERN REVIEW' ONLY T�A�,O`'b�friilu J.0.: 215006 ,.I.P. M: 82318 )ESIGNED BY: WAB DRAWN BY: DPS :NECKED BY: HTS ?ATE: MARCH 2O15 BID PACKAGE 1 TEMPORARY CONSTRUCTION ENTRANCE CLOVIS ROAD 3OF3 �.o SECTION 0123 10 ALTERNATES AND ALLOWANCES PART1 GENERAL 1.01 REQUIREMENTS A. Alternates: 1. This Section describes each alternate by number and describes the basic changes to be incorporated into the Work when this alternate is made a part of the Work in the Agreement. 2. Drawings and Specifications will outline the extent of Work to be included in the alternate Contract Price. 3. Coordinate related Work and modify surrounding Work as required to properly integrate the Work under each alternate, and provide a complete and functional Project as required by the Contract Documents. 4. Bids for alternates may be accepted or rejected at the option sole discretion of the Owner. 5. Owner may incorporate these alternates in the Contract when executed, or may issue a Change Order to incorporate these alternates within 120 days of bid at the prices offered in the Bid, unless noted otherwise. A Request for a Change Proposal may be issued after 120 days from the date of the bid to negotiate a new price for incorporating the Work into the Project. B. Allowances: 1. Include specified allowance amount in the Contract Price. -° 2. The amount of each allowance includes: a. The cost of the product to the Contractor less any applicable trade discounts. b. Delivery to the Site. C. Applicable taxes. d. Handling at the Site, including unloading, uncrating, and storage per SECTION 01 31 00 PROJECT MANAGEMENT AND COORDINATION. e. Cost for labor and equipment for installation and finishing. f. Cost for related products not specifically listed in the allowance required for 4' installation, including consumable supplies and materials. g. All overhead, profit, and related costs. 3. Assist Owner in the selection of products. a. Identify qualified Suppliers. Alternates and Allowances 01 23 10-1 City of Lubbock Canyon Lakes Sanitary Sewer Interceptor Rehabilitation - Phase 1 b. Obtain bids from qualified Suppliers. C. Present available alternates to the Owner through the RPR (Resident Project Representative). Notify RPR of: 1) Any objections to a particular Supplier or product. 2) Effect on the Construction Schedule anticipated by the selection of each option. 3) Cost of each option. 1.02 DOCUMENT SUBMITTALS A. Provide documents for materials furnished as part of the alternate in accordance with SECTION 01 33 00 Submittals. 1.03 DESCRIPTION OF ALTERNATES A. Alternate 33 — Open Cut Improvements at Joyland Park (Segment 6/7): The base bid for these improvements includes a bored crossing of Marsha Sharp Freeway as shown in the Drawings, represented as item 3a on the bid form. An alternate bid will be accepted to construct the crossing beneath the Marsha Sharp Freeway with open cut methods, represented as item 35 on the bid form. Open cut installation shall be at the same line and grade as shown in the Drawings and shall include the same limits of steel casing. The alternate, if accepted at the sole discretion of the owner, would replace bid item 3a in full, reducing that estimated quantity to 0. B. Alternate 34 — New 48-inch Diameter Polymer Manhole: The base bid for these improvements includes the furnishing and installation of new 48-inch diameter fiberglass manholes as shown in the Drawings. 2. An alternate bid will be accepted to furnish and install new 48-inch diameter polymer manholes, including necessary excavation and connection(s), and reconnection(s) to proposed and/or existing sanitary sewer. Installation shall be at the same elevations as shown in the Drawings. The alternate, if accepted at the sole discretion of the owner, would replace bid item 14 in full, reducing that estimated quantity to 0. C. Alternate 35 — Remove Existing Manhole and Replace with New 48-inch Diameter Polymer Manhole: The base bid for these improvements includes the removal (all depths) of existing manholes and replacement of new 48-inch diameter fiberglass manholes as shown in the Drawings. An alternate bid will be accepted to remove (all depths) existing manholes and replace with new 48-inch diameter polymer manholes, including necessary excavation and connection(s), and reconnection(s) to proposed and/or existing sanitary sewer. Installation shall be at the same elevations as shown in the Drawings. The alternate, ,t Alternates and Allowances 01 23 10-2 City of Lubbock Canyon Lakes Sanitary Sewer Interceptor Rehabilitation — Phase 1 if accepted at the sole discretion of the owner, would replace bid item 15 in full, reducing that estimated quantity to 0. D. Alternate 36 — New 48-inch Diameter Polymer Manhole at Extra Depth (beyond 6 vertical feet): The base bid for these improvements includes the furnishing and installation of new 48-inch diameter fiberglass manholes at extra depth (beyond 6 vertical feet) as shown in the Drawings. 2. An alternate bid will be accepted to furnish and install 48-inch diameter polymer manholes at extra depth (beyond 6 vertical feet) as shown in the drawings. The alternate, if accepted at the sole discretion of the owner, would replace bid item 16 in full, reducing that estimated quantity to 0. E. Alternate 37 — New 60-inch Diameter Polymer Manhole: The base bid for these improvements includes the furnishing and installation of new 60-inch diameter fiberglass manholes as shown in the Drawings. 2. An alternate bid will be accepted to furnish and install new 60-inch diameter polymer manholes, including necessary excavation and connection(s), and reconnection(s) to proposed and/or existing sanitary sewer. Installation shall be at the same elevations as shown in the Drawings. The alternate, if accepted at the sole discretion of the owner, would replace bid item 17 in full, reducing that estimated quantity to 0. F. Alternate 38 — Remove Existing Manhole and Replace with New 60-inch Diameter Polymer Manhole: 1. The base bid for these improvements includes the removal (all depths) of existing manholes and replacement of new 60-inch diameter fiberglass manholes as shown in the Drawings. 2. An alternate bid will be accepted to remove (all depths) existing manholes and replace with new 60-inch diameter polymer manholes, including necessary excavation and connection(s), and reconnection(s) to proposed and/or existing sanitary sewer. Installation shall be at the same elevations as shown in the Drawings. The alternate, if accepted at the sole discretion of the owner, would replace bid item 18 in full, reducing that estimated quantity to 0. G. Alternate 39 — New 60-inch Diameter Polymer Manhole at Extra Depth (beyond 6 vertical feet): The base bid for these improvements includes the furnishing and installation of new 60-inch diameter fiberglass manholes at extra depth (beyond 6 vertical feet) as shown in the Drawings. 2. An alternate bid will be accepted to furnish and install 60-inch diameter polymer manholes at extra depth (beyond 6 vertical feet) as shown in the drawings. The alternate, if accepted at the sole discretion of the owner, would replace bid item 19 in full, reducing that estimated quantity to 0. H. Alternate 40 — New 84-inch Diameter Polymer Manhole (all depths): Alternates and Allowances 01 23 10-3 City of Lubbock Canyon Lakes Sanitary Sewer Interceptor Rehabilitation — Phase 1 t_: The base bid for these improvements includes the furnishing and installation of new 84-inch diameter fiberglass manholes as shown in the Drawings. 2. An alternate bid will be accepted to furnish and install new 84-inch diameter polymer manholes (all depths), including necessary excavation and connection(s), and reconnection(s) to proposed and/or existing sanitary sewer. Installation shall be at the same elevations as shown in the Drawings. The alternate, if accepted at the sole discretion of the owner, would replace bid item 20 in full, reducing that estimated quantity to 0. Alternate 41 — 48-inch Diameter Polymer Manhole Rehabilitation Insert: 1. The base bid for these improvements includes the furnishing and installation of 48- inch diameter fiberglass manhole rehabilitation inserts as shown in the Drawings. 2. An alternate bid will be accepted to furnish and install new 48-inch diameter polymer manhole rehabilitation inserts, including all necessary temporary sanitary sewer bypass, plug, or diversion, surface preparation, debris removal, annular space grouting, and connection(s) and reconnection(s) to proposed and/or existing sanitary sewer. Installation shall be at the same elevations as shown in the Drawings. The alternate, if accepted at the sole discretion of the owner, would replace bid item 21 in full, reducing that estimated quantity to 0. Alternate 42 — New 48-inch Diameter Polymer Manhole Rehabilitation Insert at Extra Depth (beyond 6 vertical feet): The base bid for these improvements includes the furnishing and installation of new 48-inch diameter fiberglass manhole rehabilitation inserts at extra depth (beyond 6 vertical feet) as shown in the Drawings. 2. An alternate bid will be accepted to furnish and install 48-inch diameter polymer manhole rehabilitation inserts at extra depth (beyond 6 vertical feet) as shown in the drawings. The alternate, if accepted at the sole discretion of the owner, would replace bid item 22 in full, reducing that estimated quantity to 0. PART 2 PRODUCTS (NOT USED) PART 3 EXECUTION (NOT USED) END OF SECTION Alternates and Allowances 01 23 10-4 City of Lubbock Canyon Lakes Sanitary Sewer Interceptor Rehabilitation — Phase 1 SECTION 0129 00 PAYMENT PROCEDURES PART1 GENERAL 1.01 WORK INCLUDED A. Payments for Work shall conform to the provisions of the General Conditions, the Special Conditions, the Agreement, and this Section. B. Submit Applications for Payment at the prices indicated in the Agreement 1. Prices for each item in the Agreement shall include but not be limited to cost for: a. Mobilization, demobilization, cleanup, bonds, and insurance, b. Professional services including but not limited to engineering and legal fees, C. The products to be permanently incorporated into the project, d. The products consumed during the construction of the project, e. The labor and supervision to complete the project, f. The equipment, including tools, machinery, and appliances required to complete the project, g. The field and home office administration and overhead costs related directly or indirectly to the project, and h. Any and all kinds, amount or class of excavation, backfilling, pumping or drainage, sheeting, shoring and bracing, disposal of any and all surplus materials, permanent protection of all overhead, surface or underground structures; removal and replacement of any poles, conduits, pipelines, fences, appurtenances and connections, cleaning up, overhead expense, bond, public liability and compensation and property damage insurance, patent fees, and royalties, risk due to the elements, and profits, unless otherwise specified. 2. Provide work not specifically set forth as an individual payment item but required to provide a complete and functional system. These items are considered a subsidiary obligation and are to be included in the Contract Price. 3. Payment will be made for materials on hand. a. Store materials properly on site per Section 01 31 00, PROJECT MANAGEMENT AND COORDINATION. 1) Payment will be made for the invoice amount less the specified retainage. 2) Provide invoices at the time materials are included on the materials - on -hand tabulation. I Payment Procedures 01 29 00-1 City of Lubbock Canyon Lakes Sanitary Sewer Interceptor Rehabilitation — Phase 1 b. Provide documentation of payment for materials -on -hand with the next payment request. Adjust payment to the amount actually paid if this differs from the invoice amount. Remove items from the materials on hand tabulation if this documentation is not provided so payment will not be made. C. Payment for materials -on -hand is provided for the convenience of the Contractor and does not constitute acceptance of the product. �- 4. The work covered by progress payments becomes the property of the Owner at the time of payment. 1.02 SCHEDULE OF VALUES AND PAYMENTS A. Submit a detailed Schedule of Values for the Work to be performed on the project. Submit schedule within 10 days of Notice to Proceed. No pay application shall be processed without an approved schedule of values. 2. Line items in the Agreement are to be used as line items in the schedule. 3. Payment will be made on the quantity of Work completed per Contract Documents during the payment period and as measured per this Section. Payment amount is the Work quantity measured multiplied by the unit prices for that line item in the Agreement. b. Payment on a unit price basis will not be made for work outside finished dimensions shown in the Contract Documents without prior written approval. C. Partial payments may be made for lump sum line items in the Agreement. 1) Lump sum line items in the Agreement are to be divided into smaller unit prices to allow more accurate determination of the percentage of the item that has been completed. a) Provide adequate detail to allow more accurate determination of the percentage of work completed for each item. b) Provide prices for items that do not exceed $50,000.00. An exception may be made for equipment packages that cannot be subdivided into units or subassemblies. c) Separate product costs and installation costs. 2) Product costs include cost for product, delivery and unloading costs, royalties and patent fees, taxes, and other cost paid directly to the Subcontractor or Supplier. 3) Installation costs include cost for the supervision, labor and equipment for field fabrication, erection, installation, start-up, initial operation and Contractor's overhead and profit. For equipment or systems that exceed $50,000 the costs reported for startup activation shall not be less than 10 percent of the total item cost. Payment Procedures 01 29 00-2 City of Lubbock Canyon Lakes Sanitary Sewer Interceptor Rehabilitation — Phase 1 1 a) Lump sum items may be divided into an estimated number of units. 4) The estimated number of units times the cost per unit must equal the lump sum amount for that line item. 5) Contractor will receive payment for all of the lump sum line item on completion of work. a) Include a directly proportional amount of Contractor's overhead and profit for each line item. b) Divide principal subcontract amounts into an adequate number of line items to allow determination of the percentage of work completed for each item. 6) These line items may be used to establish the value of work to be added or deleted from the project. 7) Correlate line items with other administrative schedules and forms: a) Progress schedule, b) List of Subcontractors, c) Schedule of allowances, d) Schedule of alternatives, e) List of products and principal Suppliers, and f) Schedule of Submittals 8) Costs for mobilization shall be listed as a separate line item and shall be actual cost for: a) Bonds and insurance, b) Transportation and setup for equipment, c) Transportation and/or erection of all field offices, sheds and storage facilities, d) Salaries for preparation of submittals required before the first Application for Payment, e) Salaries for field personnel assigned to the project related to the mobilization of the project, f) Mobilization may not exceed 3 percent of the total contract amount. Cost for mobilization may be submitted only for work completed j Payment Procedures 01 29 00-3 City of Lubbock Canyon Lakes Sanitary Sewer Interceptor Rehabilitation — Phase 1 9) The sum of all values listed in the schedule must equal the total contract amount. 4. Submit a schedule indicating the anticipated schedule of payments to be made by the Owner. Schedule shall indicate: a. The Application for Payment number, b. Planned date the request is to be submitted, and C. Anticipated amount of payment to be requested. 5. Update the Schedule of Values quarterly or more often if necessary to provide a reasonably accurate indication of the funds that the Owner will need to have available to make payment for the Work performed. B. Provide written approval of the Schedule of Values, Application for Payment form, and method of payment by the Surety Company providing performance, and payment bonds prior to submitting the first Application for Payment. Payment will not be made without this approval. 1.03 PAYMENT PROCEDURES A. Submit Applications for Payment per the procedures indicated in Section 01 33 00, SUBMITTALS. Submit a Schedule of Values in the Application for Payment format to be used. B. Applications for Payment may be submitted on a pre-printed form as indicated in Section 01 31 13 13, FORMS or may be generated by computer. Computer generated payment requests must have the same format and information indicated in the pre-printed form and be approved by the Engineer. Indicate the total contract amount and the work completed to date on the Tabulation of Values for Original Contract Performed (Attachment "A".) 2. Include only approved Change Order items in the Tabulation of Extra Work on Approved Change Orders (Attachment "B".) 3. List all materials on hand that are presented for payment on the Tabulation of Materials on Hand (Attachment "C".) Once an item has been entered on the tabulation it is not to be removed. 4. Include the Project Summary Report (Attachment "D") with each Application for Payment. Data included in the Project Summary Report are to be taken from the other tabulations. Include a completed summary as indicated in with each Applications for Payment submitted. Number each application sequentially and indicate the payment period. Show the total amounts for value of original contract performed, extra work on approved Change Orders, and materials on hand on the Project Summary Report. Show total amounts that correspond to totals indicated on the attached tabulation for each. Payment Procedures City of Lubbock Canyon Lakes Sanitary Sewer Interceptor Rehabilitation — Phase 1 01 29 00-4 ±1 t `. rt r 1_. C. Note the number of pages in tabulations in the blank space on the Project Summary Report to allow a determination that all sheets have been submitted. d. Execute Contractor's certification by the Contractor's agent of authority and notarize for each Application for Payment. 5. Do not alter the schedule of values and the form for the submission of requests without the written approval of the Engineer once these have been approved. 6. Final payment requires additional procedures and documentation per Section 01 70 00, EXECUTION AND CLOSEOUT REQUIREMENTS. C. Progress payments shall be made as the work progresses on a monthly basis. 1. End the payment period on the day indicated in the Agreement and submit an Application for Payment for Work completed and materials received since the end of the last payment period. 2. At the end of the payment period, submit a draft copy of the Application for Payment for that month. Agreement is to be reached on: a. The percentage of work completed for each lump sum item, b. The quantity of work completed for each unit price item, C. The percentage of work completed for each approved Change Order item, and d. The amount of materials on hand. 3. On the basis of these agreements prepare a final copy of the Application for Payment and submit it for approval. 4. The Engineer will review the payment request and if appropriate will recommend payment of the request to the Owner. D. Provide a revised and up-to-date progress schedule per Section 01 32 16 CONSTRUCTION PROGRESS SCHEDULES with each Application for Payment. E. Provide project photographs per Section 01 32 33, PHOTOGRAPHIC DOCUMENTATION with each Application for Payment. 1.04 ALTERNATES AND ALLOWANCES A. Include amounts for specified Alternate Work in the Agreement in accordance with Section 01 23 00 ALTERNATES AND ALLOWANCES. B. Include amounts for specified Allowances for Work in the Agreement in accordance with Section 01 23 00 ALTERNATES AND ALLOWANCES. 1.05 MEASUREMENT PROCEDURES I ;. I; Payment Procedures 01 29 00-5 City of Lubbock Canyon Lakes Sanitary Sewer Interceptor Rehabilitation — Phase 1 l A. Measure the Work described in the Agreement for payment. Payment will be made only for the actual measured and/or computed length, area, solid contents, number and weight, unless otherwise specifically provided. No extra or customary measurements of any kind will be allowed. 1.06 BASIS OF PAYMENT Bypass Pumping and Appurtenances Payment for bypass pumping includes discharge line installation, pump rental, pump operation, pump maintenance, appurtenances, sump pits, and diversion of sanitary sewer forcemains and shall be made at the lump sum price for each individual installation as established and enumerated in the Bid Form bid and shall include furnishing all labor materials, equipment and incidentals necessary for installation of a temporary sanitary sewer force main for temporarily diverting and dewatering of sewers during internal television inspection (CCTV), cleaning operations, odor control, rehabilitation, and inspection of the project pipelines and of service laterals prior to and during the rehabilitation of the pipeline and prior to reconnection to the rehabilitated pipeline as indicated on the Drawings and in compliance with the specifications. This item includes the removal/replacement of any manhole tops required for bypass operations as well as any excavation or pavement removal/replacement necessary for excavation. This item also includes removing and replacing all plugged manholes not explicitly called for in the Drawings, and rerouting existing lateral connections including force mains where required in the project vicinity. Any bypass proposed or deemed necessary but not established and enumerated in the Bid Form is considered subsidiary to the work and shall not be paid separately. 2. Furnish and Install Laterals (Including Reconnections) Payment for reconnection of existing laterals shall be made at the unit price bid per linear foot for each diameter (including both force main and gravity) as listed in the proposal and shown on the Contract Drawings for both open cut or trenchless installation. This item includes removal of existing sanitary sewer service lateral where required for installation and reconnection of existing service connections along rehabilitated sanitary sewers. This item also includes any force main relocation and stub -outs for future connections of the diameter specified. Where reconnection of an existing lateral is identified during the performance of work that was not identified on the drawings, payment shall be made at the unit price bid only when such connection was first properly identified and reported to the Engineer in writing. 3. Pipe, 24 inch, Fiberglass Reinforced Pipe (FRP) or PVC, Auger Boring, Including casing pipe, spacers, excavation and repair of bore pits, ect. Payment for 24-Inch pipe and 36-inch steel casing to be installed by auger boring shall be made at the unit price bid per linear foot as listed in the proposal and shown on the Contract Drawings. Furnish labor materials, equipment and incidentals necessary for the installation of sewer pipe and casing as shown on the contract documents by auger boring. This item includes the mobilization, launching shaft, receiving shaft, pavement removal, excavation, hauling, disposal of excess material, placement and compaction of backfill, furnishing backfill, casing, casing spacers, bore pits, odor control and all clean up required. 4. Pipe, 30 inch, FRP or PVC, Auger Boring, Including casing pipe, spacers, excavation and repair of bore pits, ect. Payment for 30-Inch pipe and 42-inch steel casing to be installed by auger boring shall be made at the unit price bid per linear foot as listed in the proposal and shown on the Contract Drawings. Furnish labor materials, equipment and incidentals necessary for the installation of Payment Procedures 01 29 00-6 City of Lubbock Canyon Lakes Sanitary Sewer Interceptor Rehabilitation — Phase 1 ,1 sewer pipe and casing as shown on the contract documents by auger boring. This item i includes the mobilization, launching shaft, receiving shaft, pavement removal, excavation, hauling, disposal of excess material, placement and compaction of backfill, furnishing backfill, casing, casing spacers, bore pits, odor control, and all clean up required. 5. Pipe, 24 inch, FRP or PVC, Auger Boring (no casing pipe, including excavation, and repair of bore pits, ect.) Payment for 24-Inch pipe to be installed by auger boring without casing shall be made at the unit price bid per linear foot as listed in the proposal and shown on the Contract Drawings. Furnish labor materials, equipment and incidentals necessary for the installation of sewer pipe as shown on the contract documents by auger boring. This item includes the mobilization, launching shaft, receiving shaft, pavement removal, excavation, hauling, disposal of excess material, placement and compaction of backfill, furnishing backfill, bore pits, odor control, and all clean up required 6. Pipe, 30 inch, FRP or PVC, Auger Boring (no casing pipe, including excavation and repair of bore pits, ect.) Payment for 30-Inch pipe to be installed by auger boring without casing shall be made at the unit price bid per linear foot as listed in the proposal and shown on the Contract Drawings. Furnish labor materials, equipment and incidentals necessary for the installation of sewer pipe as shown on the contract documents by auger boring. This item includes the mobilization, launching shaft, receiving shaft, pavement removal, excavation, hauling, disposal of excess material, placement and compaction of backfill, furnishing backfill, bore pits, odor control, and all clean up required. 7. Pipe, 24 inch, Fiberglass Reinforced Pipe (FRP) or PVC, Open Cut, Including casing pipe, spacers, excavation and repair of bore pits, ect. Payment for 24-Inch pipe and 36-inch steel casing to be installed by open cut shall be made at the unit price bid per linear foot as listed in the proposal and shown on the Contract Drawings. Furnish labor materials, equipment and incidentals necessary for the installation of sewer pipe and casing as shown on the contract documents by open cut. This item includes the mobilization, pavement removal, excavation, hauling, disposal of excess material, placement and compaction of backfill, furnishing backfill, casing, casing spacers, odor control and all clean up required. 8. Pipe, 24 inch, FRP or PVC, Open Cut Payment for the open cut installation of 24-Inch pipe for all depths shall be made at the unit price bid per linear foot as listed in the proposal and shown on the Contract Drawings. Furnish labor materials, equipment and incidentals necessary for the installation of sewer pipe as shown on the contract documents by open cut. This item includes the mobilization, odor control, pavement removal, excavation, hauling, disposal of excess material, gaskets, placement and compaction of both embedment and backfill, furnishing backfill, clay dams, testing, and all clean up required to install the pipe. Contractor has the option to competitively bid pipe as either FRP or PVC, where PVC is an adequate material based on approval of the engineer. 9. Pipe, 30 inch, FRP or PVC, Open Cut Payment for the open cut installation of 30-Inch pipe for all depths shall be made at the unit price bid per linear foot as listed in the proposal and shown on the Contract Drawings. Furnish labor materials, equipment and incidentals necessary for the installation of sewer pipe as r Payment Procedures 01 29 00-7 City of Lubbock Canyon Lakes Sanitary Sewer Interceptor Rehabilitation — Phase 1 i shown on the contract documents by open cut. This item includes the mobilization, odor control, pavement removal, excavation, hauling, disposal of excess material, gaskets, Y placement and compaction of both embedment and backfill, furnishing backfill, clay dams, testing, and all clean up required to install the pipe. Contractor has the option to competitively bid pipe as either FRP or PVC, where PVC is an adequate material based on approval of the t! engineer. 10. Connect Proposed FRP/PVC Pipe to Existing Pipe Payment for connection of proposed FRP or PVC pipe to existing VCT pipe shall be made at the unit price bid per each as listed in the proposal and shown on the Contract Drawings. Furnish labor materials, equipment and incidentals necessary for the installation of the FRP/PVC to existing pipe connection. This item includes the mobilization, odor control, pavement removal, excavation, hauling, disposal of excess material, furnishing backfill, placement and compaction of both embedment and backfill, completely sealing the connection, coupling required, testing and all clean up required to install the pipe and make the connection. This item shall not be utilized at proposed manholes, where connection to pipe is included in J the manhole payment per other paragraphs of this specification section. 11. Pipe, 8 inch, PVC, by Sliplining in Existing 12 inch/15 inch pipe Payment for 12-Inch pipe and 20-inch steel casing to be installed by open cut shall be made at the unit price bid per linear foot as listed in the proposal and shown on the Contract Drawings. Furnish labor materials, equipment and incidentals necessary for the installation of sewer pipe and casing as shown on the contract documents by open cut. This item includes the mobilization, pavement removal, excavation, hauling, disposal of excess material, placement and compaction of backfill, furnishing backfill, casing, casing spacers, odor control and all clean up required. 12. Pipe, 12 inch, PVC Force Main, Open Cut Payment for the open cut installation of 18-Inch pipe for all depths shall be made at the unit price bid per linear foot as listed in the proposal and shown on the Contract Drawings. Furnish labor materials, equipment and incidentals necessary for the installation of sewer pipe as shown on the contract documents by open cut. This item includes the mobilization, odor control, pavement removal, excavation, hauling, disposal of excess material, gaskets, placement and compaction of both embedment and backfill, furnishing backfill, clay dams, testing, and all clean up required to install the pipe. 13. Pipe, 18 inch, PVC, Auger Boring, including casing pipe, spacers, excavation and repair of bore pits, ect. Payment for 18-Inch pipe and 30-inch steel casing to be installed by auger boring shall be made at the unit price bid per linear foot as listed in the proposal and shown on the Contract Drawings. Furnish labor materials, equipment and incidentals necessary for the installation of sewer pipe and casing as shown on the contract documents by auger boring. This item includes the mobilization, launching shaft, receiving shaft, pavement removal, excavation, hauling, disposal of excess material, placement and compaction of backfill, furnishing backfill, casing, casing spacers, bore pits, odor control, and all clean up required. 14. New Manhole, 48 inch, Fiberglass, including connection to pipe, ect. Payment Procedures 01 29 00-8 E City of Lubbock Canyon Lakes Sanitary Sewer Interceptor Rehabilitation — Phase 1 Y '� Payment for the construction of a new manhole shall be made at the unit price bid per each for 48 inch diameter fiberglass manholes up to a total depth to invert elevation of 6-feet from natural ground at the rim and shall include furnishing all labor, materials, equipment, odor control, diversion pumping/piping, and incidentals necessary for the installation of manholes at the locations indicated on the drawings in compliance with the specifications. 15. Existing Manhole Remove and Replace, 48 inch, Fiberglass including connection to pipe, ect. Payment for the removal of an existing manhole (all depths) and construction of a new 48 inch diameter fiberglass manholes up to a total depth to invert elevation of 6-feet from natural ground at the rim and shall be made at the unit price bid per each manhole and shall include E furnishingall labor, materials, equipment, odor control, diversionpumping/piping,and incidentals necessary for the installation of manholes, removal of the existing manholes, disposal of removed materials, and reestablishing existing connections at the locations .< indicated on the drawings in compliance with the specifications. 16. Extra Depth New Manhole, 48 inch, Fiberglass Payment for the construction of the extra depth (total depth beyond a standard depth of 6-feet to invert elevation from natural ground at the rim, rounded to the nearest 1/2 —foot) for new manholes shall be made at the unit price bid per vertical foot for each 48 inch diameter fiberglass manhole and shall include furnishing all labor, materials, equipment, odor control, diversion pumping/piping, and incidentals necessary for the installation of manholes for the specified vertical depth of each manhole and the manhole locations as indicated on the drawings in compliance with the specifications. This payment item shall also be applied for extra depth required where removing an existing manhole and replacing with a new manhole. Removal of the existing manhole is incidental to other bid items as noted herein. 17. New Manhole, 60 inch, Fiberglass, including connection to pipe, ect. Payment for the construction of a new manhole shall be made at the unit price bid per each for 60 inch diameter fiberglass manholes up to a total depth to invert elevation of 6-feet from natural ground at the rim and shall include furnishing all labor, materials, equipment, odor control, diversion pumping/piping, and incidentals necessary for the installation of manholes at the locations indicated on the drawings in compliance with the specifications. 18. Existing Manhole Remove and Replace, 60 inch, Fiberglass, including connection to pipe, ect. Payment for the removal of an existing manhole (all depths) and construction of a new 60 inch diameter fiberglass manholes up to a total depth to invert elevation of 6-feet from natural ground at the rim and shall be made at the unit price bid per each manhole and shall include furnishing all labor, materials, equipment, odor control, diversion pumping/piping, and incidentals necessary for the installation of manholes, removal of the existing manholes, disposal of removed materials, and reestablishing existing connections at the locations indicated on the drawings in compliance with the specifications. 19. Extra Depth New Manhole, 60 inch, Fiberglass Payment for the construction of the extra depth (total depth beyond a standard depth of 6-feet to invert elevation from natural ground at the rim, rounded to the nearest 1/2 —foot) for new manholes shall be made at the unit price bid per vertical foot for each 60 inch diameter Payment Procedures 01 29 00-9 City of Lubbock Canyon Lakes Sanitary Sewer Interceptor Rehabilitation — Phase 1 �a, fiberglass manhole and shall include furnishing all labor, materials, equipment, odor control, diversion pumping/piping, and incidentals necessary for the installation of manholes for the specified vertical depth of each manhole and the manhole locations as indicated on the drawings in compliance with the specifications. µ This payment item shall also be applied for extra depth required where removing an existing manhole and replacing with a new manhole. Removal of the existing manhole is incidental to other bid items as noted herein. 20. New Manhole, 84 inch, Fiberglass, including connection to pipe, ect. Payment for the construction of a new manhole shall be made at the unit price bid per each for 84 inch diameter fiberglass manholes up to a total depth to invert elevation of 6-feet from natural ground at the rim and shall include furnishing all labor, materials, equipment, odor control, diversion pumping/piping, and incidentals necessary for the installation of manholes at the locations indicated on the drawings in compliance with the specifications. 21. Manhole Inserts — 48 inch, Fiberglass, Including grouting annular space, connection to pipe, ect. Payment for 48 inch diameter fiberglass manhole inserts shall be made at the unit price bid per each rehabilitation manhole up to a total depth to invert elevation of 6-feet from natural ground at the rim and shall include furnishing all labor, materials, equipment, odor control, diversion pumping/piping, and incidentals necessary for the rehabilitation of the existing manholes by fiberglass inserts as indicated on the drawings in compliance with the specifications and includes interior manhole cleaning of the existing manholes where rehabilitation products or repairs will be installed. This work includes cleaning sewer manholes/lines to remove solids, roots, soil, sand, pieces of broken pipe, bricks, grease, grit from manholes/sewer lines and other debris, as well as the application of hydraulic cement to halt infiltration, and applying mortar to rebuild the existing manhole. 22. Extra Depth Manhole Inserts —48 inch, Fiberglass Payment for extra depth (total depth beyond a standard depth of 6-feet to invert elevation from natural ground at the rim, rounded to the nearest 1/2 —foot) fiberglass manhole insert shall be made at the unit price bid per vertical foot for each 48 inch diameter fiberglass manhole insert and shall include furnishing all labor, materials, equipment, odor control, diversion pumping/piping, and incidentals necessary for the rehabilitation of the existing manholes for the specified vertical depth of each fiberglass insert as indicated on the drawings in compliance with the specifications and includes interior manhole cleaning of the existing manholes where rehabilitation products or repairs will be installed. This work includes cleaning sewer manholes/lines to remove solids, roots, soil, sand, pieces of broken pipe, bricks, grease, grit from manholes/sewer lines and other debris, as well as the application of hydraulic cement to halt infiltration, and applying mortar to rebuild the existing manhole. 23. New Storm and Sewer Conflict Junction Box Payment for the construction of the new storm and sewer conflict junction box shall be made at the unit price bid per each and shall include furnishing all labor, materials, equipment, odor control, and incidentals (that may include but is not limited to temporary dewatering, shoring, diversion/bypass pumping, plug of the existing storm sewer, and removal of debris from the existing storm sewer) necessary for the installation of the junction box at the location indicated on the drawings in compliance with the specifications. The junction box shall be constructed as approved by the RPR. Payment Procedures 01 29 00-10 City of Lubbock Canyon Lakes Sanitary Sewer Interceptor Rehabilitation — Phase 1 C� 24. New Cleanout Payment for new cleanouts shall be made at the unit price bid per each as listed in the proposal and shown on the Contract Drawings. This item includes all fittings, couplings, odor control, pipe and connection to sanitary sewers. 25. Point Repair by Excavation, Pipe Removal and Replacement — Open Cut Method Measurement and payment for open cut removal and replacement of discrete sections of existing pipelines. This work includes: open cut pipeline replacement for point repairs required to externally repair or replace a section of existing pipeline between one foot and 10 feet long that was not identified on the drawings; the replacement pipe shall be the same internal diameter as the pipe being replaced; the depth in vertical feet will be in two categories, equal to or less than 12 feet deep and greater than 12 feet deep; the depth will be measured as the vertical depth from existing ground surface directly above the existing pipe to be replaced to a point 12-inches below the invert of the existing pipe to be replaced. The length of one Point Repair by Excavation shall be for up to ten (10) feet of pipe replaced. Payment shall be at the unit price per diameter, depth less than or greater than 12 feet, and linear feet as indicated in the Bid Schedule for which prices shall constitute full compensation for furnishing all materials, labor, and equipment and installing such removed and replaced pipeline including but not limited to, bypass pumping and diversion of flow; odor control, traffic control, pavement removal, excavation, transport and temporary storage of removed excavated material, pipe bedding and backfill in the pipe zone, pipe, fittings, couplings, transport and placement of excavated materials as backfill, compaction of bedding and backfill material installing pipe, reinstatement of service connections, disposal of existing pipe and or manhole material removed, and all other appurtenant work not described in any other specification, complete in place, as specified and/or shown. 26. Grout Fill Abandoned Sewer Measurement and Payment for grout fill and abandonment of existing sewers shall be at the unit price per cubic yard of pipe to be grout filled. This pay item shall include furnishing all labor, materials, equipment, odor control, and incidentals necessary for complete abandonment grouting, including air venting, testing, temporary plugs, fill lines, excavations, and incidentals for the grout fill abandonment of sewer and sanitary sewer manholes at the T. locations indicated on the drawings in compliance with the specifications. Grout fill abandoning existing manholes as shown on the drawings is incidental to this pay item. 27. Removal and Disposal of Existing Sewer Measurement and Payment for removal and disposal of existing sanitary sewer shall be at the unit price per linear foot of pipe to be removed and disposed of (regardless of diameter, condition, pipe material, or other distinguishing property). This pay item shall include furnishing all labor, materials, equipment, odor control, and incidentals necessary for complete removal and disposal in accordance with all local, state and federal regulations, including air venting, testing, temporary plugs, fill lines, excavations, and incidentals for the removal and disposal of sanitary sewer and sanitary sewer manholes at the locations indicated on the drawings in compliance with the specifications. Removal and disposal of existing manholes as shown on the drawings is incidental to this pay item. 28. Site Restoration — Sodding Payment for sodding as part of site restoration shall be made at the unit price bid per square yard and shall include furnishing all labor materials, maintenance of areas, equipment and Payment Procedures 01 29 00-11 City of Lubbock Canyon Lakes Sanitary Sewer Interceptor Rehabilitation — Phase 1 incidentals necessary for the restoration of all areas disturbed by construction, including temporary construction access and/or diversion pumping/piping operations. This item includes grass sodding that shall be placed in all areas where existing irrigation systems are in place or in other locations as directed by the RPR. This item also includes but is not limited to required grading, backfill, temporary irrigation, maintenance, fertilization, or other action necessary to } re-establish mature vegetation. 29. Site Restoration — Hydromulch Seeding Payment for hydromulch seeding as part of site restoration shall be made at the unit price bid per square yard and shall include furnishing all labor materials, maintenance of areas, equipment and incidentals necessary for the restoration of all areas disturbed by construction, including temporary construction access and/or diversion pumping/piping operations. This item includes seeding that shall be placed in all areas where existing irrigation systems are NOT in place or in other locations as directed by the RPR. This item also includes but is not limited to required grading, backfill, temporary irrigation, maintenance, fertilization, or other action necessary to re-establish mature vegetation. 30. SWPP, Erosion, and Sediment Controls Payment for erosion and sedimentation controls shall be made at the lump sum price bid. Furnish labor materials, equipment and incidentals necessary for the erosion and sedimentation control measures required per the SWPPP and Erosion Control Plan to be submitted to the RPR and Engineer for their approval before instating. 31. Traffic Control Payment for traffic control shall be made at the lump sum price bid and shall include furnishing all labor materials, equipment and incidentals necessary for all necessary traffic control measures as indicated in the Contract Documents, the Drawings and in compliance with the detail shown in the plans. Work shall also include traffic control and coordination with the City of Lubbock to park trucks and equipment on public and park roads. 32. Total Mobilization There will be no measurement for mobilization. Payment shall be made at the lump sum price bid and shall be full compensation for all labor, materials, equipment and incidentals required to mobilize to the site to complete the work detailed in the Drawings and construction documents. END OF SECTION Payment Procedures 01 29 00-12 City of Lubbock Canyon Lakes Sanitary Sewer Interceptor Rehabilitation — Phase 1 SECTION 01 31 00 PROJECT MANAGEMENT AND COORDINATION PART1 GENERAL 1.01 WORK INCLUDED A. Furnish equipment, manpower, products, and other items necessary to complete the Project with an acceptable standard of quality and within the Contract Time. Construct Project in accordance with current safety practices. B. Manage Site to allow access to Site and control construction operations. C. Provide labor, materials, equipment and incidentals necessary to construct temporary facilities to provide and maintain control over environmental conditions at the Site. Remove temporary facilities when no longer needed. D. Remove temporary controls at the end of the Project. 1.02 QUALITY ASSURANCE A. Employ competent workmen, skilled in the occupation for which they are employed. Provide Work meeting quality requirements of the Contract Documents. B. Remove defective Work from the Site immediately unless provisions have been made and approved by the Resident Project Representative (RPR) to allow repair of the product at the Site. Clearly mark the Work as "defective" until it is removed or allowable repairs have been completed. 1.03 SUBMITTALS A. Provide submittals in accordance with Section 01 33 00, SUBMITTALS: 1. Provide copies of Supplier's printed storage instructions prior to furnishing materials or products and installation instructions prior to beginning the installation. Maintain one copy of these documents at the Site until the Project is complete. Incorporate this information into submittals. 2. Incorporate field notes, sketches, recordings, and computations made by the Contractor in Record Drawings. 1.04 STANDARDS A. Perform Work to comply with local, State and Federal ordinances and regulations. 1.05 PERMITS A. Obtain and pay for construction permits and licenses for highway and railroad crossings and other permits. B. Retain copies of permits and licenses at the Site and observe and comply with all regulations and conditions of the permit or license, including additional insurance requirements. C. Obtain and pay for all other necessary permits including any and all necessary highway, street and road permits for transporting pipe and/or heavy equipment necessary for construction of the Project. D. Obtain and pay for other permits necessary to conduct any part of the Work. E. Arrange for inspections and certification by agencies having jurisdiction over the Work. F. Make arrangements with private utility companies and pay for fees associated with obtaining services, or for inspection fees. Project Management and Coordination 01 31 00-1 _. City of Lubbock Canyon Lakes Sanitary Sewer Interceptor Rehabilitation — Phase 1 l 1.06 COORDINATION A. Coordinate the Work of various trades having interdependent responsibilities for installing, connecting to, and placing equipment in service. B. Coordinate requests for substitutions to provide compatibility of space, operating elements, effect on the Work of other trades, and on the Work scheduled for early completion. C. Coordinate the use of Project space and the sequence of installation of equipment, walks, mechanical, electrical, plumbing, or other Work that is indicated diagrammatically on the Drawings. Follow routings shown for tubes, pipes, ducts, conduits, and other items as closely as practical, with due allowance for available physical space. 2. Utilize space efficiently to maximize accessibility for Owner's maintenance and repairs. 3. Schematics are diagrammatic in nature. Adjust routing of piping, ductwork, utilities, and location of equipment as needed to resolve spatial conflicts between the various trades. Document changes in the indicated routings on the Record Drawings. D. Conceal ducts, pipes, wiring, and other non -finish items within construction in finished areas, except as otherwise shown. Coordinate locations of concealed items with finish elements. E. Where installation of one part of the Work is dependent on installation of other components, either before or after its own installation, schedule construction activities in sequence required to obtain best results. F. Make adequate provisions to accommodate items scheduled for later installation, including: 1. Accepted alternates, 2. Installation of products purchased with allowances, 3. Work by others, and 4. Owner -supplied, Contractor -installed items. G. Sequence, coordinate, and integrate the various elements of mechanical, electrical, and other systems, materials, and equipment. Comply with the following requirements: Coordinate mechanical and electrical systems, equipment, and materials installation with other components. 2. Verify all dimensions by field measurements. 3. Arrange for chases, slots, and openings during progress of construction. 4. Coordinate the installation of required supporting devices and sleeves to be set in poured -in -place concrete and other structural components as they are constructed. 5. Install systems, materials, and equipment as permitted by codes to provide the maximum headroom possible where mounting heights are not detailed or dimensioned. 6. Coordinate the connection of systems with exterior underground and overhead utilities and services. Comply with the requirements of governing regulations, franchised Project Management and Coordination City of Lubbock Canyon Lakes Sanitary Sewer Interceptor Rehabilitation — Phase 1 01 31 00-2 4 service companies, and controlling agencies. Provide required connection for each service. 7. Install systems, materials, and equipment to conform with approved submittal data, including coordination drawings, to the greatest extent possible. Conform to arrangements indicated by the Contract Documents, recognizing that portions of the Work are shown only in diagrammatic form. Adjust routing of piping, ductwork, utilities, and location of equipment as needed to resolve spatial conflicts between the various trades at no additional cost. Document changes in the indicated routings on the Record Drawings. 8. Install systems, materials, and equipment level and plumb, parallel and perpendicular to structure's surfaces. 9. Install systems, materials, and equipment to facilitate servicing, maintenance, and "' repair or replacement of components. As much as practical, connect for ease of disconnecting, with minimum of interference with other installations. Extend grease fittings to accessible locations. 10. Install systems, materials, and equipment giving right-of-way priority to systems required to be installed at a specified slope. 1.07 SAFETY REQUIREMENTS A. Assume sole responsibility for safety at the Site. Protect the safety and welfare of persons at the Site. B. Provide safe access to move through the Site. Provide and maintain barricades, guard rails, covered walkways, and other protective devices to warn and protect from hazards at the Site. C. Comply with latest provisions of the Occupational Health and Safety Administrations and other regulatory agencies in performing Work. D. Cooperate with accident investigations related to the Site. Provide two copies of all reports prepared concerning accidents, injury, or death on the Site to the Engineer as Record Data per Section 01 33 00, SUBMITTALS. 1.08 CONTRACTOR'S USE OF SITE A. Coordinate the use of the premises with the RPR. B. Repair or correct any damage to existing facilities, including contamination, caused by the Contractor's personnel, visitors, materials, or equipment. C. Do not permit alcoholic beverages or illegal substances on the Site. Do not allow persons under the influence of alcoholic beverages or illegal substances to enter or remain on the Site at any time. Persons on Site under the influence of alcoholic beverages or illegal substances will be permanently prohibited from returning to the Site. Criminal or civil penalties may also apply. D. Park construction equipment in designated areas only and provide spill control measures as discussed in paragraph 1.21 POLLUTION CONTROL. E. Park employees' vehicles in designated areas only. Obtain written permission of the Resident Project Representative (RPR) before entering privately -owned land outside of the Owner's property, rights -of -way, or easements. G. Do not allow the use of loud radios, obnoxious, vulgar or abusive language, or sexual harassment in any form. These actions will cause immediate and permanent removal of the offender from the premises. Criminal or civil penalties may apply. Project Management and Coordination 01 31 00-3 City of Lubbock Canyon Lakes Sanitary Sewer Interceptor Rehabilitation — Phase 1 t H. Require Workers to wear clothing that is inoffensive and meets safety requirements. Do not allow sleeveless shirts, shorts, exceedingly torn, ripped or soiled clothing to be worn on the f 4` project. I. Do not allow firearms or weapons of any sort to be brought on to the Site under any conditions. No exception is to be made for persons with concealed handgun permits. Remove a4x' any firearms or weapons and the person possessing these firearms or weapons permanently and immediately from the Site. k. 1.09 POINTS OF ACCESS TO THE SITE A. Restrict entry into Site to points where the easements cross state and county roads and highways or other publicly owned roads and streets. Keep operations within the easement. B. Use State, County, or City roadways for construction traffic only with written approval of the appropriate representatives of each entity. State, County, or City roadways may not all be approved for construction traffic. Obtain written approval to use State, County, City or private roads to deliver pipe and/or heavy equipment to the Site. Copies of the written approvals must be furnished to the RPR as Record Data before Work begins. No additional compensation will be paid because the Contractor is unable to gain access to the easement from public roadways. C. Maintain access to the facilities at all times. Do not obstruct roads, pedestrian walks, or access to the various buildings, structures, stairways, or entrances. Provide safe temporary walks or other structures to allow access for normal operations during construction. D. Provide adequate and safe access for inspections. Leave ladders, bridges, scaffolding and protective equipment in place until inspections have been completed. Construct additional safe access if required for inspections. E. Provide security at the construction Site as necessary to protect against vandalism and loss by theft. F. Maintain security of the Site and access leading to it. 1. Close gates and keep locked. 2. Obtain permission of any landowners whose property must be crossed in gaining access to the Site. 3. Install a gate lock consisting of a chain with two locks. Give one lock and key to the landowner. Use one lock for the Contractor, Owner and RPR. Provide keys to the Contractor's lock to RPR. 4. At the end of the Project, leave RPR's lock on gate and give all keys to the RPR. 1.10 PROPERTY PROVISIONS A. Make adequate provisions to maintain the flow of storm sewers, drains and water courses encountered during the construction. Restore structures which may have been disturbed during construction to their original position as soon as construction in the area is completed. B. Protect trees, fences, signs, poles, guy wires, and all other property unless their removal is authorized. Restore any property damaged to equal or better condition per Paragraph 1.11 of this Section. C. Provide temporary fencing, with gates, to restrain livestock in areas where livestock are pastured unless the Contractor makes satisfactory arrangements with the property owner and/or tenant. Install temporary fence on the easement lines and removed after the trench has been backfilled. Pay damages for losses resulting from failure to maintain such barriers or Project Management and Coordination City of Lubbock Canyon Lakes Sanitary Sewer Interceptor Rehabilitation — Phase 1 01 31 00-4 i failure of barriers to exclude livestock. Install temporary fencing on any tract in order to contain construction activities within easement limits if directed by the RPR. 1.11 PROTECTION OF EXISTING STRUCTURES AND UTILITIES A. The Drawings show existing piping, valves, manholes, electrical conduits, utility poles, and other facilities based on information from available records. Examine the Site and review the available information concerning the Site. 1. Verify the type, size and location of all existing piping, valves, electrical conduit, telephone cable, and other utilities in the construction area prior to preparation of pipe shop drawings. Advise the RPR of any utilities not shown or incorrectly shown. 2. Verify the type size and location of streets, driveways, fences, drainage structures, sidewalks, curbs, and gutters. Verify the elevations of the structures adjacent to excavations. Report discrepancies between these elevation and elevations shown on the Drawings to the RPR before beginning construction. B. Determine if existing structures, poles, piping, or other utilities at excavations will require relocation or replacement. Prepare a Plan of Action per Section 01 35 00, CONSTRUCTION SEQUENCE and 00 73 00 SPECIAL CONDITIONS. Coordinate Work with RPR, local utility company and others. Include cost of demolition and replacement, restoration or relocation of these structures in the Contract Price. C. Protect buildings, utilities, street surfaces, driveways, sidewalks, curb and gutter, fences, wells, drainage structures, piping, valves, manholes, electrical conduits, and other systems or structures unless they are shown to be replaced or relocated on the Drawings. Restore damage to items to be protected to the satisfaction of the utility owner or governing city without additional compensation from the Owner. D. Carefully support and protect all structures and/or utilities so that there will be no failure or settlement where excavation or demolition endangers adjacent structures and utilities. Do not take existing utilities out of service unless show in the Contract Documents or approved by the RPR. Notify and cooperate with the utility owner if it is necessary to move services, poles, guy wires, pipelines or other obstructions. Include the cost of relocation of existing utilities in the Contract Price. E. Protect existing trees and landscaping at the Site. Visit Site with Engineer to identify trees that may be removed during construction. 2. Mark trees to be removed with paint. 3. Protect trees to remain from damage by wrapping trunks with 2 x 4 timbers around the perimeter, securely wired in place, where machinery must operate around existing trees. Protect branches and limbs from damage by equipment. 1.12 DISRUPTION TO SERVICES / CONTINUED OPERATIONS A. Existing facilities are to continue in service as usual during the construction unless noted otherwise. Owner or utilities must be able to operate and maintain the facilities. Disruptions to existing utilities, piping, process piping, or electrical services shall be kept to a minimum. 1. Do not restrict access to critical valves, operators, or electrical panels. 2. Do not store material or products inside structures. 3. Limit operations to the minimum amount of space needed to complete the specified Work. Project Management and Coordination 01 31 00-5 City of Lubbock Canyon Lakes Sanitary Sewer Interceptor Rehabilitation — Phase 1 4. Maintain storm sewers and sanitary sewers in service at all times. Provide temporary service around the construction or otherwise construct the structure in a manner that 1 the flow is not restricted. B. Provide a Plan of Action in accordance with Section 01 35 00, CONSTRUCTION SEQUENCE and 00 73 00 SPECIAL CONDITIONS if facilities must be taken out of operation. 1.13 CLEARING AND GRUBBING A. Perform all clearing and grubbing necessary for the construction operations within the pipeline easements. Keep clearing of easements as directed by RPR and as indicated on the Drawings. B. Avoid damage to existing trees outside the limits of construction that are larger than three inches in diameter (measured four feet above the ground). Protect trees per paragraph 1.11 of this section. Obtain approval from the RPR before removing or trimming any tree not specifically called for removal in the Drawings. C. Remove and dispose of trees, branches, limbs, and roots leaving the right-of-way in a neat and presentable condition. Perform clearing and grubbing without injury or damage to adjacent property. Maintain the blade of equipment used for clearing and grubbing slightly above the ground surface to protect grass roots. D. Remove all trees, stumps, slashing, brush or other debris removed from the Site before beginning construction. Select locations for dumping, acquire required permits and properly dispose of excess material. Do not allow burning. 1.14 FIELD MEASUREMENTS A. Perform complete field measurements for products required to fit existing conditions prior to purchasing products or beginning construction. B. Verify property lines, control lines, grades, and levels indicated on the Drawings. C. Verify pipe class, equipment capacities, existing electrical systems and power sources for existing conditions. D. Check Shop Drawings and indicate the actual dimensions available where products are to be installed. E. Include field measurements in record drawings as required in Section 01 31 13, PROJECT COORDINATION. 1.15 REFERENCE DATA AND CONTROL POINTS A. Locate and protect control points prior to starting the Work and preserve permanent reference points during construction. Do not change or relocate points. Notify RPR when the reference point is lost, destroyed, or requires relocation. Replace Project control points on the basis of the original survey. B. Provide complete engineering layout of the Work needed for construction. 1. Provide competent personnel. Provide equipment including accurate surveying instruments, stakes, platforms, tools, and materials. 2. Provide surveying with accuracy meeting the requirements established for Category 5 Construction Surveying as established in the Manual of Practice of Land Surveying in Texas published by the Texas Society of Professional Surveyors, latest revision. 3. Record data and measurements per standards. Project Management and Coordination 01 31 00-6 City of Lubbock Canyon Lakes Sanitary Sewer Interceptor Rehabilitation — Phase 1 1.16 CHANGE OF PIPELINE LOCATION F A. The alignment of the pipeline is shown on the Drawings, and no change is contemplated. It t _< may be necessary to change the alignment due to utility conflicts, unanticipated variations in existing conditions, or for any other reason prior to the time pipe is actually installed. B. No additional compensation will be paid to the Contractor except as provided by unit prices, t unless excessive cost is incurred that is directly applicable to such changes and this cost is documented in accordance with the General / Supplemental and/or Special Conditions. No compensation will be paid for specials, field cuts, field welds, or other incurred cost resulting 1 from failure to locate existing utilities prior to manufacture of pipe. 1.17 DELIVERY AND STORAGE A. Deliver products and materials to the Site in time to prevent delays in construction. B. Deliver packaged products to Site in original undamaged containers with identifying labels attached. Open cartons as necessary to check for damage and to verify invoices. Reseal cartons and store until used. Leave products in packages or other containers until installed. C. Deliver products that are too large to fit through openings to the Site in advance of the time enclosing walls and roofs are erected. Set in place, raised above floor on cribs. D. Assume full responsibility for the protection and safekeeping of products stored at the Site. E. Store products at locations acceptable to the Engineer and to allow RPR and Owner access to maintain and operate existing facilities. F. Store products in accordance with the Supplier's storage instructions immediately upon delivery. Leave seals and labels intact Arrange storage to allow access for maintenance of stored items and for inspection. Store unpacked and loose products on shelves, in bins, or in neat groups of like items. G. Obtain and pay for the use of any additional storage areas as needed for construction. Store products subject to damage by elements in substantial weather -tight enclosures or storage sheds. Provide and maintain storage sheds as required for the protection of products. Provide temperature, humidity control and ventilation within the ranges stated in the Supplier's instructions. Remove storage facilities at the completion of the Project. H. Protect the pipe interior. Keep all foreign materials such as dirt, debris, animals, or other objects out of the pipe during the Work. Cap or plug ends of installed pipe in an approved manner when pipe is not being installed. Wash out pipe sections that become contaminated before continuing with installation. Take precautions to prevent the pipe from floating or moving out of the proper position during or after laying operations. Immediately correct any pipe that moves from its correct positions. I. Provide adequate exterior storage for products that may be stored out-of-doors. Provide substantial platforms, blocking, or skids to support materials and products above ground; slope to provide drainage. Protect products from soiling or staining. 2. Cover products subject to dislocation or deterioration from exposure to the elements, with impervious sheet materials. Provide ventilation to prevent condensation below covering. 3. Store loose, granular materials on clean, solid surfaces, or on rigid sheet materials, to prevent mixing with foreign matter. 4. Provide surface drainage to prevent erosion and ponding of water. - Project Management and Coordination City of Lubbock Canyon Lakes Sanitary Sewer Interceptor Rehabilitation — Phase 1 0131 00-7 t i, ,i 5. Prevent mixing of refuse or chemically injurious materials or liquids with stored materials. �l 6. Pipes and conduits stored outdoors are to have open ends sealed to prevent the entrance of dirt, moisture, and other injurious materials. Protect PVC pipe from ultraviolet light exposure. , 4 7. Store light weight products to prevent wind damage. J. Protect and maintain mechanical and electrical equipment in storage. { 1. Provide Supplier's service instructions on the exterior of the package. 2. Service equipment on a regular basis as recommended by the Supplier. Maintain a log of maintenance services. Submit the log as Record Data at the completion of the Project. 3. Provide power to and energize space heaters for all equipment for which these devices are provided. 4. Provide temporary enclosures for all electrical equipment, including electrical systems on mechanical devices. Provide and maintain heat in the enclosures until equipment is energized. K. Maintain storage facilities. Inspect stored products on a weekly basis and after periods of severe weather to verify that: 1. Storage facilities continue to meet specified requirements. 2. Supplier's required environmental conditions are continually maintained. 3. Surfaces of products exposed to the elements are not adversely affected, L. Replace any stored item damaged by inadequate protection or environmental controls. M. Payment may be withheld for any products not properly stored. 1.18 BLASTING A. Blasting for excavations is not allowed. 1.19 ARCHAEOLOGICAL REQUIREMENTS A. Cease operations immediately and contact the RPR for instructions if an historical or archaeological find is made during construction. B. Conduct all construction activities to avoid adverse impact on the Sites where significant historical or archaeological Sites have been identified at the Site. 1. Obtain details for Working in these areas. 2. Maintain confidentiality regarding the Site. 3. Adhere to the requirements of the Texas Historical Commission. C. Do not disturb Archaeological Sites. Project Management and Coordination 01 31 00-8 t 1. City of Lubbock Canyon Lakes Sanitary Sewer Interceptor Rehabilitation — Phase 1 { Obtain the services of a qualified archaeological specialist to instruct construction personnel on how to identify and protect archaeological finds on an emergency basis. 2. Coordinate activities to permit Archaeological Work to take place within the area. a. Attempt to archaeologically clear areas needed for construction as soon as possible. b. Provide a determination of priority for such areas. D. Assume responsibility for any unauthorized destruction that might result to such Sites by construction personnel, and pay all penalties assessed by the State or Federal agencies for non-compliance with these requirements. E. Contract time will be modified to compensate for delays caused by such archaeological finds. No additional compensation shall be paid for delays. 1.20 STORM WATER POLLUTION CONTROL A. Comply with the current requirements of TPDES General Permit No. TXR15000 (General Storm Water Permit) set forth by the Texas Commission on Environmental Quality for the duration of the Project: 1. Develop a Storm Water Pollution Prevention Plan meeting all requirements of the General Storm Water Permit. Submit of a Notice of Intent to the Texas Commission on Environmental Quality. Develop and implement appropriate Best Management Practices as established by local agencies of jurisdiction. 4. Provide all monitoring and/or sampling required for reporting to the Texas Commission on Environmental Quality 5. Submit reports to the Texas Commission on Environmental Quality as required as a condition of the permit 6. Submit copies of the reports to the RPR as Record Data in accordance with Section 01 33 00 Submittals 7. Retain copies of these documents on site at all times for review and inspection by the RPR, Owner or regulatory agencies. Post a copy of the permit as required by regulations. 8. Pay all costs associated with complying with the provisions of the General Storm Water Permit. Assume solely responsible for implementing, updating, and modifying the General Storm Water Permit per regulatory requirements the Storm Water Pollution Prevention Plan and Best Management Practices. B. Use forms required by the Texas Commission on Environmental Quality to file the Notice of Intent. Submit the Notice of Intent at least two days prior to the start of construction. Develop the Storm Water Pollution Prevention Plan prior to submitting the Notice of Intent. Provide draft copies of the Notice of Intent, Storm Water Pollution Prevention Plan, and any other pertinent Texas Commission on Environmental Quality submittal documents to the Owner and RPR for review prior to submittal to the Texas Commission on Environmental Quality. C. Return any property disturbed by construction activities to either specified conditions or pre - construction conditions as set forth in the Contract Documents. Provide an overall erosion and r Project Management and Coordination 01 31 00-9 City of Lubbock Canyon Lakes Sanitary Sewer Interceptor Rehabilitation — Phase 1 sedimentation control system that will protect all undisturbed areas and soil stockpiles/spoil areas. Implement appropriate Best Management Practices and techniques to control erosion and sedimentation and maintain these practices and techniques in effective operating condition during construction. Permanently stabilize exposed soil and fill as soon as practical during the Work. D. Assume sole responsibility for the means, methods, techniques, sequences, and procedures 1 for furnishing, installing, and maintaining erosion and sedimentation control structures and procedures and overall compliance with the General Storm Water Permit. Modify the system -_ as required to effectively control erosion and sediment. t E. Retain copies of reports required by the General Storm Water Permit for three years from date of final completion. ' t, 1.21 POLLUTION CONTROL A. Prevent the contamination of soil, water or atmosphere by the discharge of noxious substances from construction operations. Provide adequate measures to prevent the creation of noxious air -borne pollutants. Prevent dispersal of pollutants into the atmosphere. Do not dump or otherwise discharge noxious or harmful fluids into drains or sewers, nor allow noxious liquids to contaminate public waterways in any manner. B. Provide equipment and personnel and perform emergency measures necessary to contain any spillage. 1. Contain chemicals in protective areas and do not dump on soil. Dispose of such materials at off -Site locations in an acceptable manner. 2. Excavate contaminated soil and dispose at an off -Site location if contamination of the soil does occur. Fill resulting excavations with suitable backfill and compact to the density of the surrounding undisturbed soil. 3. Provide documentation to the RPR which states the nature and strength of the contaminant, method of disposal, and the location of the disposal Site. 4. Comply with local, State and Federal regulations regarding the disposal of pollutants. C. Groundwater or run-off water which has come into contact with noxious chemicals, sludge, or sludge -contaminated soil is considered contaminated. Contaminated water must not be allowed to enter streams or water courses, leave the Site in a non -contained form or enter non -contaminated areas of the Site. Pump contaminated water to holding ponds constructed by the Contractor for this purpose, or discharge to areas on the interior of the Site, as designated by the Engineer. 2. Construct temporary earthen dikes or take other precautions and measures as required to contain the contaminated water and pump to a designated storage area. Wash any equipment used for handling contaminated water or soil within contaminated areas three times with uncontaminated water prior to using such equipment in an uncontaminated area. Dispose of wash water used to wash such equipment as contaminated water. 1.22 EARTH CONTROL Project Management and Coordination 01 31 00-10 e City of Lubbock, j Canyon Lakes Sanitary Sewer Interceptor Rehabilitation — Phase 1 A. Remove excess soil, spoil materials and other earth not required for backfill at the time of generation within one week of completing excavation Work. Control stock pile material to eliminate interference with Contractor and Owner's operations. B. Dispose of excess earth off the Site. Pay cost for disposal unless otherwise noted. Provide written approval by the property owner for all disposal on private property, and approval by the RPR if such disposal affects the use of the easements. C. Place excess excavated material and neatly spread on tracts of land on which the pipeline is being constructed and where the property owner requests such material and the RPR approves. 1.23 MANAGEMENT OF WATER A. Manage water resulting from rains or ground water at the Site. Maintain trenches and excavations free of water at all times. B. Lower the water table in the construction area by acceptable means if necessary to maintain a dry and workable condition at all times. Provide drains, sumps, casings, well points, and other water control devices as necessary to remove excess water. C. Provide continuous operation of water management actions. Maintain standby equipment to provide proper and continuous operation for water management. D. Ensure that water drainage does not damage adjacent property. Divert water into the same natural watercourse in which its headwaters are located, or other natural stream or waterway as approved by the RPR. Assume responsibility for the discharge of water from the Site. E. Remove the temporary construction and restore the Site in a manner acceptable to the Engineer and to match surrounding material at the conclusion of the Work. 1.24 CLEANING DURING CONSTRUCTION A. Provide positive methods to minimize raising dust from construction operations and provide positive means to prevent air -borne dust from disbursing into the atmosphere. Control dust and dirt from demolition, cutting, and patching operations. B. Clean the Project as Work progresses and dispose of waste materials, keeping the Site free from accumulations of waste or rubbish. Provide containers on Site for waste collection. Do not allow waste materials or debris to blow off of the Site. Control dust from waste materials. Transport waste materials with as few handlings as possible. C. Comply with codes, ordinances, regulations, and anti -pollution laws. Do not burn or bury waste materials. Remove waste materials, rubbish and debris from the Site and legally dispose of these at public or private dumping areas. 1.25 MAINTENANCE OF ROADS, DRIVEWAYS, AND ACCESS A. Maintain roads and streets in a manner that is suitable for safe operations of public vehicle during all phases of construction unless the RPR approves a street closing. Submit a written request for RPR's approval of a street closing. The request shall state: The reason for closing the street. 2. How long the street will remain closed. 3. Procedures to be taken to maintain the flow of traffic. 4. Do not close public roads overnight. Project Management and Coordination 01 31 00-11 City of Lubbock Canyon Lakes Sanitary Sewer Interceptor Rehabilitation — Phase 1 B. Construct temporary detours, including by-pass roads around construction, with adequately clear width to maintain the free flow of traffic at all times. Maintain barricades, signs, and safety features around the detour and excavations. C. Maintain road and driveway access to occupied buildings. Coordinate temporary closures or blockage with property owners, utilities, emergency service providers, RPR, and Engineer. Property owners must be notified a minimum of two weeks or other time established by RPR prior to closure. Limit the time road or driveways are out of service as stated in the approved permit. D. Maintain barricades, signs, and safety features around the Work in accordance with all provisions of the latest edition of the Manual on Uniform Traffic Control Devices (MUTCD.) E. Assume responsibility for any damage resulting from construction along roads or drives. 1.26 CUTTING AND PATCHING A. Perform cutting, fitting, and patching required to complete the Work or to: 1. Uncover Work to provide for installation of new Work or the correction of defective Work. 2. Provide routine penetrations of non-structural surfaces for installation of mechanical, electrical, and plumbing Work. 3. Uncover Work that has been covered prior to observation by the Engineer. B. Submit written notification to the Engineer in advance of performing any cutting which affects: 1. Work of any other contractors, RPR or the Owner. 2. Structural integrity of any structure or system of the Project. 3. Integrity or effectiveness of weather exposed or moisture resistant structure or systems. 4. Efficiency, operational life, maintenance, or safety of any structure or system. 5. Appearance of any structure or surfaces exposed occasionally or constantly to view. C. The notification shall include: 1. Identification of the Project. 2. Location and description of affected Work. 3. Reason for cutting, alteration, or excavation. 4. Effect on the Work of any separate contractor, RPR or Owner. 5. Effect on the structural or weatherproof integrity of the Project. 6. Description of proposed Work, including: a. Scope of cutting, patching, or alteration. b. Trades that will perform the Work. Project Management and Coordination 01 31 00-12 City of Lubbock. t Canyon Lakes Sanitary Sewer Interceptor Rehabilitation — Phase 1 C. Products proposed for use. r d. Extent of refinishing to be performed. e. Cost proposal, when applicable. Alternatives to cutting and patching. 8. Written authorization from any separate contractor whose Work would be affected. 9. Date and time Work will be uncovered or altered. D. Examine the existing conditions, including structures subject to damage or to movement during cutting or patching. Inspect conditions affecting installation of products or performance of the Work after uncovering the Work. 2. Provide a written report of unacceptable or questionable conditions to the Engineer. The Contractor shall not proceed with Work until Engineer has provided further instructions. Beginning Work will constitute acceptance of existing conditions by the Contractor. E. Protect the structure and other parts of the Work and provide adequate support to maintain the structural integrity of the affected portions of the Work. Provide devices and methods to protect adjacent Work and other portions of the Project from damage. Provide protection from T the weather for portions of the Project that may be exposed by cutting and patching Work. F. Execute cutting and demolition by methods which will prevent damage to other Work, and will provide proper surfaces to receive installation of repairs. G. Execute fitting and adjustment of products to provide a finished installation to comply with specified products, functions, tolerances, and finishes. H. Cut, remove, and legally dispose of selected mechanical equipment, components, and ' materials as indicated, including but not limited to, the removal of mechanical piping, heating units, plumbing fixtures and trim, and other mechanical items made obsolete by the modified Work. I. Restore Work which has been cut or removed. Install new products to provide completed _f Work per the Contract Documents. J. Fit Work air -tight to pipes, sleeves, ducts, conduit, and other penetrations through the surfaces. Where fire rated separations are penetrated, fill the space around the pipe or insert with materials with physical characteristics equivalent to fire resistance requirements of penetrated surface. K. Patch finished surfaces and building components using new products specified for the original installation. L. Refinish entire surfaces as necessary to provide an even finish to match adjacent finishes: 1. For continuous surfaces, refinish to the nearest intersection. 2. For an assembly, refinish the entire unit. 1.27 PRELIMINARY OCCUPANCY Project Management and Coordination 01 31 00-13 City of Lubbock Canyon Lakes Sanitary Sewer Interceptor Rehabilitation — Phase 1 tr 1 I A. RPR may deliver, install and connect equipment, furnishings, or other apparatus in buildings or other structures. These actions do not indicate acceptance of any part of the building or structure and does not affect the start of warranties or correction periods. B. Protect the Owner's property after installation is complete. C. RPR or Engineer may use any product for testing or determine that the product meets the `4 requirements of the Contract Documents. This use does not constitute acceptance by either the RPR or Engineer. These actions do not indicate acceptance of any part of the product and does not affect the start of warranties or correction periods. {' 1.28 INITIAL MAINTENANCE A. Maintain equipment until the Project is accepted by the Resident Project Representative. Ensure that mechanical equipment is properly maintained as recommended by the Supplier B. Prior to acceptance of equipment, provide maintenance and start-up services subject to approval by the Resident Project Representative. C. Remove and clean screens and strainers in piping systems. D. Clean insects from intake louver screens. PART 2 PRODUCTS 2.01 MATERIALS A. Provide materials in accordance with the requirements of the individual Sections. PART 3 EXECUTION 3.02 PERFORM THE WORK PER THE SUPPLIER'S PUBLISHED INSTRUCTIONS. DO NOT OMIT ANY PREPARATORY STEP OR INSTALLATION PROCEDURE UNLESS SPECIFICALLY EXEMPTED OR MODIFIED BY FIELD ORDER. END OF SECTION Project Management and Coordination City of Lubbock Canyon Lakes Sanitary Sewer Interceptor Rehabilitation — Phase 1 01 31 00-14 r} SECTION 01 31 13 PROJECT COORDINATION PART1 GENERAL 1.01 WORK INCLUDED A. Administer contract requirements to construct the project. Provide documentation per the requirements of this Section. 1.02 SUBMITTALS A. Provide submittals in accordance with Section 01 33 00, SUBMITTALS. 1.03 COMMUNICATION DURING THE PROJECT A. The RPR is to be the first point of contact for all parties on matters concerning this project. B. The RPR will coordinate correspondence concerning: 1. Submittals, including Applications for Payment, 2. Clarification and interpretation of the Contract Documents, 3. Contract modifications, 4. Observation of work and testing, and 5. Claims. C. The RPR and Engineer will normally communicate only with the Contractor. Any required communication with Subcontractors or Suppliers will only be with the direct involvement of the Contractor. D. Direct written communications to the Engineer at the address indicated at the Pre -construction Conference. Include the following with communications as a minimum: 1. Name of the Owner 2. Project name 3. Contract title 4. Project number 5. Date 6. A reference statement E. Submit communications on the forms referenced in this Section or in Section 01 33 00, SUBMITTALS. 1.04 PROJECT MEETINGS A. Pre -construction Conference 1. Attend a pre -construction meeting. 2. The location of the conference will be determined by the RPR. 3. The time of the meeting will be determined by the RPR but will be after the Notice of Award is issued and not later than fifteen (15) days after the Notice to Proceed is issued. 4. The Owner, RPR, Engineer, representatives of utility companies, the Contractor's project manager and superintendent, and representatives from major Subcontractors and Suppliers may attend the meeting. 5. Provide and be prepared to discuss: a. Preliminary construction schedule per Section 01 32 16 CONSTRUCTION PROGRESS SCHEDULE. b. Preliminary submittal schedule per Section 01 33 00, SUBMITTALS. Project Coordination 01 31 13-1 -= City of Lubbock Canyon Lakes Sanitary Sewer Interceptor Rehabilitation — Phase 1 c. Schedule of values and anticipated schedule of payments per Section 01 29 00, PAYMENT PROCEDURES. �- d. List of Subcontractors and Suppliers. 3 e. Contractor's organizational chart as it relates to this project. f. Letter indicating the agents of authority for the Contractor and the limit of that authority with respect to the execution of legal documents, contract modifications and. F payment requests. B. Progress Meetings 1. Attend meetings with the RPR, Engineer and Owner. a. Meet as requested by the RPR to discuss the project. b. Meet at the project site or other location as designated by the RPR. c. Contractor's superintendent and other key personnel are to attend the meeting. Other individuals may be requested to attend to discuss specific matters. 2. Provide information as requested by the Engineer or Owner concerning this project. a. Prepare to discuss: 1) Status of overall project schedule. 2) Contractor's detailed schedule for the next month. 3) Anticipated delivery dates for equipment. 4) Coordination with the Owner. 5) Status of submittals. 6) Information or clarification of the Contract Documents. 7) Claims and proposed modifications to the contract. 8) Field observations, problems, or conflicts. 9) Maintenance of quality standards. b. Notify the Engineer of any specific items to be discussed a minimum of one week prior to the meeting. 3. Review minutes of meetings and notify the RPR of any discrepancies within ten days of the date of the memorandum. a. Following that date, the minutes will stand as shown or as corrected. b. Corrections will be reflected in the minutes of the following meeting. Issues discussed will be documented and old issues will remain on minutes of subsequent meetings until the issue is resolved. C. Pre -submittal and Pre -installation Meetings 1. Attend pre -submittal and pre -installation meetings as required in the individual technical specifications or as determined necessary by the RPR (for example, instrumentation, roofing, concrete mix design, etc.). 2. The location of the meeting will be determined by the RPR. 3. The time of the meeting will be determined by the Contractor when ready to proceed with the associated work, subject to submission of a Notification by Contractor (NBC) and acceptance by the Construction Manager, Engineer and Owner of the proposed time. 4. The Owner, RPR, Engineer, the Contractor's project manager and superintendent, and representatives from affected Subcontractors and Suppliers shall attend the meeting. 1.05 REQUESTS FOR INFORMATION f, Project Coordination 01 31 13-2 ' City of Lubbock L, Canyon Lakes Sanitary Sewer Interceptor Rehabilitation — Phase 1 A. Submit Request for Information (RFI) to the RPR to obtain additional information or clarification of the Contract Documents. 1. Submit a separate RFI for each item in the Contractor's standard format. 2. Attach adequate information to permit a written response without further clarification. RPR or Engineer will return requests that do not have adequate information to the Contractor for additional information. Contractor is responsible for all delays resulting from multiple submittals due to inadequate information. 3. A response will be made when adequate information is provided. Response will be made on the RFI form or in attached information. B. Response to an RFI is given to provide additional information, interpretation, or clarification of the requirements of the Contract Documents, and does not modify the Contract Documents. C. Owner will initiate a Preliminary Contract Modification per Paragraph 1.07 if the RFI indicates that a contract modification is required. 1.06 NOTIFICATION BY CONTRACTOR A. Notify the RPR of: 1. Need for testing, 2. Intent to work outside regular working hours, 3. Request to shut down facilities or utilities, 4. Proposed utility connections, 5. Required observation by Engineer or inspection agencies prior to covering work. B. Provide notification a minimum of two weeks in advance in order to allow Owner, RPR, and / or Engineer time to respond appropriately to the notification. 1.07 REQUESTS FOR MODIFICATIONS A. Submit a request to the RPR for any change in the Contract Documents. 1. Assign a number to the Preliminary Contract Modification when issued. 2. Include with the Preliminary Contract Modification: a. A complete description of the proposed modification. b. The reason the modification is requested. c. A detailed breakdown of the cost of the change (necessary only if the modification requires a change in contract amount). The itemized breakdown is to include: 1) list of materials and equipment to be installed, 2) man hours for labor by classification, 3) equipment used in construction, 4) consumable supplies, fuels, and materials, 5) royalties and patent fees, 6) bonds and insurance, 7) overhead and profit, 8) field office costs, and 9) home office cost, 10) other items of cost. d. Provide the level of detail outline in the paragraph above for each Subcontractor or Supplier actually performing the Work if work is to be provided by a Subcontractor or Supplier. Indicate appropriate Contractor mark ups for Work provided through Project Coordination 01 31 13-3 A City of Lubbock Canyon Lakes Sanitary Sewer Interceptor Rehabilitation — Phase 1 Subcontractors and Suppliers. Provide the level of detail outline in the paragraph above for self -performed Work. i e. Provide a revised schedule indicating the effect on the critical path for the project and a statement of the number of days the project may be delayed by the modification. 3. A Preliminary Contract Modification is required for all substitutions or deviations from the Contract Documents that involve potential project cost impacts.ii; 4. The Owner and the Engineer will evaluate the request for a preliminary contract modification. B. Owner will initiate changes through the Engineer. 1. The Owner or Engineer will prepare a description of proposed modifications to the Contract Documents. 2. Owner will assign a number to the Preliminary Contract Modification when issued. _ C. Engineer will issue a Field Order or a Change Order per the General Conditions if a contract modification is appropriate. 1. Modifications to the contract can only be made by a Field Order or a Change Order. 2. Changes in the project will be documented by a Field Order or by a Change Order. 3. Field Orders may be issued by the Engineer for contract modifications that do not change the Contract Price or Contract Time. 4. Any modifications that require a change in Contract Price or Contract Time can only be approved by Change Order. a. Proposals issued by the Contractor in response to a Preliminary Contract Modification will be evaluated by the Engineer. b. If the Preliminary Contract Modification is acceptable, the Contractor will be notified in _-2 writing. This will constitute the authorization to proceed with the work. c. Depending on the amounts involved, several Preliminary Contract Modifications may be collected into a contract Change Order. d. Change Orders can only be approved by the City of Lubbock Board of Directions. Upon approval, the Owner will prepare the Change Order for execution between the Contractor and the Owner. t D. The Contractor may be informed that the Preliminary Contract Modification is not approved and construction is to proceed in accordance with the Contract Documents. 1.08 RECORD DRAWINGS A. Maintain at the Site one complete record copy of: 1. Drawings, 2. Specifications, 3. Addenda, 4. Contract modifications, 5. Approved Shop Drawings and record data, 6. Test records, 7. Clarifications and other information provided in Request for Information responses, and 8. Reference standards B. Store documents and samples in the Contractor's field office. 1. Documents are to remain separate from documents used for construction. Do not use these documents for construction. Project Coordination 01 31 13-4 City of Lubbock Canyon Lakes Sanitary Sewer Interceptor Rehabilitation — Phase 1 a4 2. Provide files and racks for the storage of documents. 3. Provide a secure storage space for the storage of samples. 4. Maintain documents in clean, dry, legible conditions, and in good order. 5. Make documents and samples available at all times for inspection by the RPR, Engineer and Owner. C. Marking Drawings: 1. Label each document as "Project Record" in large printed letters. 2. Record information as construction is being performed. a. Do not conceal any Work until the required information is recorded. b. Mark drawings to record actual construction, including the following: 1) Depths of various elements of the foundation in relation to finished first floor datum or the top of walls. 2) Horizontal and vertical locations of underground utilities and appurtenances constructed and existing utilities encountered during construction. 3) Location of internal utilities and appurtenances concealed in the construction. Refer measurements to permanent structure on the surface. Include the following equipment: a) Piping, b) Ductwork, c) Equipment and control devices requiring periodic maintenance or repair, d) Valves, unions, traps, and tanks, e) Services entrance, f) Feeders, and g) Outlets. 4) Changes of dimension and detail, 5) Changes made by Field Order and Change Order, 6) Details not on the original Drawings. Include field verified dimensions and clarifications, interpretations, and additional information issued in response to Requests for Information. c. Mark Specifications and Addenda to identify products provided. 1) Record product name, trade name, catalog number, and each Supplier (with address and phone number) of each product and item of equipment actually installed. 2) Record changes made by Field Order and Change Order. d. Mark additional work or information in erasable pencil. 1) Use red for new or revised indication. ( 2) Use purple for Work deleted or not installed (lines to be removed). 3) Highlight items constructed per the Contract Documents in yellow. y e. Submit record documents to Engineer for review and acceptance 30 days prior to final completion of the project. $ 1) Provide one set of marked up drawings. D. Applications for Payment will not be recommended for payment if record documents are found to be incomplete or not in order. Final payment will not be recommended without complete f „ record documents. END OF SECTION Project Coordination 01 31 13-5 City of Lubbock Canyon Lakes Sanitary Sewer Interceptor Rehabilitation — Phase 1 SECTION 01 32 16 CONSTRUCTION PROGRESS SCHEDULE PART GENERAL 1.01 REQUIREMENTS A. Prepare and submit a progress schedule for the Work and update the schedule on a monthly basis for the duration of the Project. B. Provide schedule in adequate detail to allow Resident Project Representative (RPR) to monitor the work progress, to anticipate the time and amount of Applications for Payment, and to relate submittal processing to sequential activities of the Work. C. Incorporate and specifically designate the dates of anticipated submission of submittals and the dates when submittals must be returned to the Contractor into the schedule. D. Assume complete responsibility for maintaining the progress of the Work per the submitted schedule. E. Take all requirements of Section 01 35 00, CONSTRUCTION SEQUENCE into consideration when preparing schedule. 1.02 SUBMITTALS A. Submit progress schedules in accordance with Section 01 33 00, SUBMITTALS. Submit schedules within the following times: 1. Preliminary schedule within 10 days after the Notice of Award. The schedule is to be available at the pre -construction conference. 2. Detailed schedule at least 10 days prior to the first payment request. B. Submit progress schedules with Applications for Payment. Schedules may be used to evaluate the Applications for Payment. Failure to submit the schedule may cause delay in the review and approval of Applications for Payment. 1.03 SCHEDULE REQUIREMENTS A. Schedule is to be in adequate detail to: 1. Assure adequate planning, scheduling, and reporting during the execution of the Work. 2. Assure the coordination of the Work of the Contractor and the various Subcontractors and Suppliers. 3. Assist in monitoring the progress of the work. 4. Assist in evaluating proposed changes to Contract Time and project schedule. 5. Assist the RPR in review of Contractor's Application for Payment. B. Provide personnel with five (5) years minimum experience in scheduling construction work comparable to this project. C. Provide the schedule in the form of a time scaled horizontal bar chart which indicates graphically the Work scheduled at any time during the Project. The graph is to indicate: 1. Complete sequence of construction by activity. Construction Progress Schedule City of Lubbock Canyon Lakes Sanitary Sewer Interceptor Rehabilitation — Phase 1 01 32 16-1 2. Identification of the activity by structure, location, and type of Work. Y 3. Chronological order of the start of each item of work. 4. The activity start and stop dates. 5. The activity duration. 6. Successor and predecessor relationships for each activity. Group related activities or use lines to indicate relationships. 7. A clearly indicated critical path. Indicate only one critical path on the schedule. The subsystem with the longest time of completion is the critical path where several subsystems each have a critical path. Float time is to be assigned to other subsystems. 8. Projected percentage of completion, based on dollar value of the Work included in each activity as of the day Applications for Payment are due of each month. D. Submit a separate submittal schedule indicating the dates when the submittals are to be sent to the Engineer. 1. List specific dates submittal is to be sent to the Engineer. 2. List specific dates submittal must be processed in order to meet the proposed schedule. 3. Allow a reasonable time to review submittals, taking into consideration the size and complexity of the submittal, the submission of other submittals, and other factors that may affect review time. 4. Allow time for re -submission of the submittals for each item. Contractor is responsible for delays associated with additional time required to review incomplete or erroneous submittals and for the time lost when submittals are submitted for products that do not meet specification requirements. E. Update the schedule at the end of each monthly partial payment period to indicate the progress made on the project to that date. 1.04 SCHEDULE REVISIONS A. Submit a written report if the schedule indicates that the Project is more than thirty (30) days behind schedule. The report is to include: 1. Number of days Project is behind schedule. 2. Narrative description of the steps to be taken to bring the Project back on schedule. 3. Anticipated time required to bring the Project back on schedule. 4. Submit a revised schedule indicating the action that the Contractor proposes to take to bring the Project back on schedule. B. Revise the schedule to indicate any adjustments in Contract Time approved by Change Order 1. Revised schedule is to be included with Contract Modification Request for which an extension of time is requested. j Construction Progress Schedule 01 32 16-2 City of Lubbock Canyon Lakes Sanitary Sewer Interceptor Rehabilitation — Phase 1 2. Failure to submit a revised schedule indicates that the modification shall have no impact on the ability of the Contractor to complete the project on time and that the cost associated with the change of additional plant or work force have been included in the cost proposed for the modification. C. Updating the project schedule to reflect actual progress is not considered a revision to the project schedule. D. Applications for Payment will not be recommended for payment without a revised schedule and if required, the report indicating the Contractor's plan for bringing the project back on schedule. 1.05 FLOAT TIME A. Define float time as the amount of time between the earliest start date and the latest start date of a chain of activities on the construction schedule. B. Float time is not for the exclusive use or benefit of either the Contractor or Owner. C. Contract time cannot be changed by the submission of this schedule. Contract Time can only be modified by approved Change Order. D. Schedule completion date must be the same as the contract completion date. Time between the end of construction and the contract completion date is to be indicated as float time. END OF SECTION Construction Progress Schedule 01 32 16-3 City of Lubbock Canyon Lakes Sanitary Sewer Interceptor Rehabilitation — Phase 1 SECTION 01 32 33 PHOTOGRAPHIC DOCUMENTATION PART 1 GENERAL 1.01 WORK INCLUDED A. Provide a video recording with audio and narration of the Site prior to the beginning of construction. The narration shall describe what is being shown in the video, including building/process, manhole number, pipeline and station number, etc. as applicable. 1. Record the condition of all existing facilities in or abutting the construction area (right- of-way) including but not limited to streets, curb and gutter, utilities, driveways, fencing, landscaping, etc. 2. Record after construction staking is complete but prior to any clearing where possible. 3. Provide one copy of the recording, dated and labeled to the RPR before the start of construction. Provide additional recording if the recording provided is not considered suitable for the purpose of recording conditions prior to construction. B. Furnish an adequate number of photographs of the Site to clearly depict the completed project. 1. Provide a minimum of ten different views. 2. Photograph a panoramic view of the entire project site. 3. Photograph all significant areas of completed construction. 4. Completion photographs are not to be taken until all construction trailers, excess materials, trash and debris have been removed. C. All photographs, video recordings and a digital copy of this media are to become the property of the Owner. Photographs or recordings may not be used for publication, or public or private display without the written consent of the Owner. 1.02 QUALITY ASSURANCE A. Provide clear photographs and recordings taken with proper exposure. View photographs and recordings in the field and take new photographs or recordings immediately if photos of an adequate print quality cannot be produced or video quality is not adequate. Provide photographs with adequate quality and resolution to permit enlargements. 1.03 SUBMITTALS A. Submit photographic documentation as record data in accordance with Section 01 33 00, SUBMITTALS. PART 2 PRODUCTS 2.04 PHOTOGRAPHS A. Provide photographs in digital format with a minimum resolution of 1280 X 960, accomplished without a digital zoom. B. Take photographs at locations acceptable to the RPR. C. Provide a digital copy on a DVD of each photograph taken. D. Identify each digital file name with: Project Photographs 01 32 33-1 City of Lubbock Canyon Lakes Sanitary Sewer Interceptor Rehabilitation — Phase 1 1. Project name. 2. Date, time, location, and orientation of the exposure. 3. Description of the subject of photograph. 2.05 VIDEO RECORDING A. Provide digital format on DVD that can be played on Windows Media Player in common format in full screen mode. B. Identifying project on tape by audio or visual means. END OF SECTION Project Photographs 01 32 33-2 City of Lubbock Canyon Lakes Sanitary Sewer Interceptor Rehabilitation — Phase 1 I 01 33 00 SUBMITTALS PART1 GENERAL 1.01 WORK INCLUDED A. Submit documentation as required by the Contract Documents and as reasonably requested - by the Resident Project Representative (RPR), and Engineer to: 1. Record the products incorporated into the Project for the RPR. 2. Provide information for operation and maintenance of the Project. 3. Provide information for the administration of the Contract. 4. Allow the Engineer to advise the Owner if products proposed for the project by the Contractor conform, in general, to the design concepts of the Contract Documents. B. Contractor's responsibility for full compliance with the Contract Documents is not relieved by the Engineer's review of submittals. Contract modifications may only be approved by Change Order or Field Order. 1.02 CONTRACTOR'S RESPONSIBILITIES A. Review all submittals prior to submission. B. Determine and verify: 1. Field measurements. 2. Field construction requirements. 3. Location of all existing structures, utilities and equipment related to the submittals. 4. Submittals are complete for their intended purpose. L - 5. Conflicts between the submittals related to the various Subcontractors and Suppliers have been resolved. 6. Quantities and dimensions shown on the submittals. C. Submit information per the procedures described in this section and the detailed specifications. D. Furnish the following submittals: 1. As specified in the attached Submittal Schedule. 2. Schedules, data and other documentation as described in detail in this section or referenced in the General Conditions. 3. Documentation required for the administration of the Contract per Section 01 31 13, PROJECT COORDINATION. 4. Shop Drawings required for consideration of a contract modification per Paragraph 1.08. 5. Submittals as required in the Specifications. 6. Submittals not required will be returned without Engineer's review. Submittals 01 33 00-1 City of Lubbock Canyon Lakes Sanitary Sewer Interceptor Rehabilitation — Phase 1 f f i i E. Submit a schedule indicating the date submittals will be sent to the Engineer and proposed dates that the product will be incorporated into the project. Make submittals promptly in accordance with the schedule so as to cause no delay in the Project. r Send submittals to the Engineer allowing a reasonable time for delivery, review and marking submittals. Include time for review of a resubmission if necessary. Allow adequate time for the submittal review process, ordering, fabrication, and delivery of the product so as to not delay progress on the Project. 2. Schedule submittal to provide all information for interrelated work at one time. No review will be performed on submittals requiring coordination with other submittals. Engineer will return submittals for resubmission as a complete package. F. Submit information for all of the components and related equipment required for a complete and operational system in the same submittal. 1. Include electrical, mechanical, and other information required to indicate how the various components of the system function. 2. Provide certifications, warranties, and written guarantees with the submittal package for review when they are required. G. Fabrication or installation of any products prior to the approval of Shop Drawings is done at the Contractor's risk. Products not meeting the requirements of Contract Documents are defective and may be rejected at the RPR's option. H. Payment will not be made for products for which submittals are required until the submittals have been received. Payment will not be made for products for which Shop Drawings or Samples are required until these are approved by the Engineer. 1.03 QUALITY ASSURANCE A. Submit legible, accurate, complete documents presented in a clear, easily understood manner. Submittals not meeting these criteria will be returned without review. B. Demonstrate that the proposed products are in full and complete compliance with the design criteria and requirements of the Contract Documents including Drawings and Specifications as modified by Addenda, Field Orders, and Change Orders. C. Furnish and install products that fully comply with the information included in the submittal. D. Review and approve submittals prior to submitting them to the Engineer for review. Submittals will not be accepted from anyone other than the Contractor. 1.04 SUBMITTAL PROCEDURES A. Deliver submittals to the Engineer at the following address unless otherwise stated at the pre - construction conference: Lockwood, Andrews, and Newnam, Inc. Attention: Justin Reeves 1320 South University Drive, Suite 450 Fort Worth, TX 76017 Reference Project: 353 Transmit electronic copy of all preliminary submittal for Engineer's review and final approved submittal to the following email address. The complete contents of each submittal, including associated drawings product data, etc., shall be submitted in Adobe Acrobat PDF format, or other format approved by Engineer. Email: JReeves@Ian-inc.com B. Transmit all submittals, with a properly completed Submittal Transmittal Form in the L__i Contractor's standard format, as approved. Submittals 01 33 00-2 City of Lubbock ` Canyon Lakes Sanitary Sewer Interceptor Rehabilitation — Phase 1 �l .,l No Text