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HomeMy WebLinkAboutResolution - 2015-R0333 - Contract - Duininck Inc - LBB Runway - 10_08_2015 (3)Resolution No. 2015-R0333 Item No. 4.9 October 8. 2015 RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OFTHE IE 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 a contract pursuant to and inclusive of the terns and conditions set forth in the attached bid submittal form for Lubbock Preston Smith International Airport Runway 17R-35L, Phase 11, by and between the City of Lubbock and Duininck, Inc., of Roanoke, TX, and related documents. Said bid submittal form 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 October 8.2015 ( I C. ROBURTSON. MAYOR ATTEST: Reb ca Garza, City Secretary APPROVED AS TO CONTENT: 1 Kelly Campb Director of Aviation APPROVEILAS T F km F� �� � Mitchell Satterwhite. First Assistant City Attorney Res .Airport-Contract-Duininck tnc 9.1.2015 INDEX 1. NOTICE TO BIDDERS 2. GENERAL INSTRUCTIONS TO BIDDERS 3. BID SUBMITTAL - UNIT PRICE I 4. INSURANCE REQUIREMENT AFFIDAVIT 5. CONTRACTORS STATEMENT OF QUALIFICATIONS 6. SAFETY RECORD 7. SUSPENSION AND DEBARMENT CERTIFICATION 8. EEO EMPLOYEE INFORMATION CERTIFICATION 9. BUY AMERICAN CERTIFICATION 10. DAVIS - BACON CERTIFICATION OF ELIGIBILITY 11. CERTIFICATION OF NONSEGREGATED FACILITIES 12. TRADE RESTRICTION CLAUSE 13. DBE CONTRACTING REQUIREMENT 14. LIST OF SUB -CONTRACTORS 15. FINAL LIST OF SUB -CONTRACTORS 16. PAYMENT BOND 17. PERFORMANCE BOND 18. CERTIFICATE OF INSURANCE 19. WORKMAN'S COMPENSATION COVERAGE CHECKLIST 20. CONTRACT 21. GENERAL CONDITIONS OF THE AGREEMENT 22. DAVIS BACON WAGE DETERMINATIONS 23. FAA MANDATORY CONTRACT PROVISIONS 24. FAA GENERAL PROVISIONS 25. SPECIAL PROVISIONS 26. TECHNICAL SPECIFICATIONS PAGE INTENTIONALLY LEFT BLANK NOTICE TO BIDDERS PAGE INTENTIONALLY LEFT BLANK NOTICE TO BIDDER ITB 15-12442-TF Sealed bids addressed to Marta Alvarez, Director of Purchasing and Contract Management, City of Lubbock, Texas, will be received in the Purchasing and Contract Management office, City Hall, 1625 13th Street, Room 204, Lubbock, Texas, 79401, until 2:00 P.M. on August 25, 2015 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: Lubbock Preston Smith International Airport Runway 1711-35L Phase II After the expiration of the time and date above first written, said sealed bids will be opened in the office of the Purchasing Manager and publicly read aloud. It is the sole responsibility of the bidder to ensure that his bid is actually in the Purchasing Office at the City of Lubbock, before the expiration of the date above first written. Bids are due at 2:00 P.M. on August 25, 2015 and the City of Lubbock City Council will tentatively consider the bids on September 24, 2015 at 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 bids and waive any formalities. The successful bidder will be required to furnish a performance bond in accordance with Chapter 2253, Government Code, in the amount of 100% of the total contract price in the event that said contract price exceeds $100,000 and the successful bidder will be required to furnish a payment bond in accordance with Chapter 2253, Government Code, in the amount of 100% of the total contract price in the event that said contract price exceeds $50,000. Said statutory bonds should be issued by a company carrying a current Best Rating of A or superior. THE BOND MUST BE IN A FORM ACCEPTED BY THE CITY ATTORNEY AND MUST BE DATED THE SAME AS THE CONTRACT AWARD DATE. Bidders are required, whether or not a payment or performance bond is required, to submit a cashier's or certified check issued by a bank satisfactory to the City of Lubbock, or a bid bond from a reliable surety company, payable without recourse to the order of the City of Lubbock in an amount not less than 5% of the total amount of the bid submitted as a guarantee that bidder will enter into a contract and execute all necessary bonds (if required) within ten (10) business days after notice of award of the contract to him. FAILURE OF THE BIDDER TO INCLUDE BID SECURITY WITH THE BID SUBMITTAL SHALL CONSTITUTE A NONRESPONSIVE BID AND RESULT IN DISQUALIFICATION OF THE BID SUBMITTAL. It shall be each bidder's sole responsibility to inspect the site of the work and to inform himself regarding all local conditions under which the work is to be done. It shall be understood and agreed that all such factors have been thoroughly investigated and considered in the preparation of the bid submitted. There will be a non -mandatory pre -bid conference on August 4, 2015 at 10:00 a.m. CST, at Lubbock Preston Smith International Airport, Ambassador Room, 5401 North Martin Luther King Boulevard, Lubbock, TX 79403. Bidders may view and download the plans and specifications without charge at on Bidsync.com. Attention of each bidder is particularly called to the schedule of general prevailing rate of per diem wages included in the contract documents on file in the office of the Purchasing and Contract Management Office of the City of Lubbock, which document is specifically referred to in this Notice to Bidders. Each bidder's attention is further directed to Texas Government Code, Chapter 2258, Prevailing Wage Rates, and the requirements contained therein concerning the above wage scale and payment by the contractor of the prevailing rates of wages as heretofore established by owner in said wage scale. The City of Lubbock hereby notifies all bidders that in regard to any contract entered into pursuant to this advertisement, it is the policy of the Department of Transportation (DOT) that disadvantaged business enterprises as defined in 49 CFR Part 26 shall have the maximum opportunity to participate in the performance of contracts financed in whole or in part with federal funds. All bidders shall make good faith efforts, as defined in Appendix A of 49 CFR Part 26 to subcontract 8.8 % of the dollar value of the prime contract to small business concerns owned and controlled by socially and economically disadvantaged individuals (DBE). Details of such requirement are contained in the specifications. 49 CFR Part 26 provides that each contract the owner signs with a contractor (and each subcontract the prime contractor signs with a subcontractor) shall include the following assurance: The contractor, sub -recipient or subcontractor shall not discriminate on the basis of race, color, national origin, or sex in the performance of this contract. The contractor shall carry out applicable requirements of 49 CFR Part 26 in the award and administration of Department of Transportation (DOT) assisted contracts. Failure by the contractor to carry out these requirements is a material breach of this contract, which may result in the termination of this contract or such other remedy as the recipient deems appropriate. The proposed contract is subject to the Buy American provision under Section 9129 of the Aviation Safety and Capacity Act of 1990. Details of such requirement are contained in the specifications. The Proposed contract is under and subject to Executive Order 11246 and the Equal Opportunity Clause. The bidder's attention is called to the Equal Opportunity Clause and the Standard Federal Equal Employment Opportunity Construction Contract Specifications, and the Notice of Requirement of Affirmative Action to Ensure Equal Employment Opportunity set forth in the specifications. The successful bidder will be required to submit a Certification of Nonsegregated Facilities prior to award of the contract and to notify prospective subcontractors of the requirement. The certification is contained in the specifications. The City of Lubbock does not discriminate against persons with disabilities. City of Lubbock pre -bid meetings and bid openings are available to all persons regardless of disability. If you require special assistance, please contact the Purchasing Manager at (806) 775-2572 or write to Post Office Box 2000, Lubbock, Texas 79457 at least 48 hours in advance of the meeting. CITY OF LUBBOCK MARTA ALVAREZ DIRECTOR OF PURCHASING AND CONTRACT MANAGEMENT GENERAL INSTRUCTIONS TO BIDDERS 1 BID DELIVERY TIME & DATE 1.1 The City of Lubbock is seeking written and sealed competitive bids to furnish Lubbock Preston Smith International Airport Runway 17R-35L Phase II per the attached specifications and contract documents. Sealed bids will be received no later 2:00 P.M. August 25, 2015 at the office listed below. Any bid received after the date and hour specified will be rejected and returned unopened to the bidder. Each bid and supporting documentation must be in a sealed envelope or container plainly labeled in the lower left-hand corner: "ITB 15-12442-TF LUBBOCK PRESTON SMITH INTERNATIONAL AIRPORT RUNWAY 17R-35L PHASE II" and the bid opening date and time. Bidders must also include their company name and address on the outside of the envelope or container. Bids must be addressed to: Marta Alvarez - Director of Purchasing and Contract Management City of Lubbock, Purchasing and Contract Management 1625 13th Street, Room 204 Lubbock, Texas 79401 1.2 Bidders are responsible for making certain bids are delivered to the Purchasing Office. Mailing of a bid does not ensure that the bid will be delivered on time or delivered at all. If bidder does not hand deliver the bid, we suggest that he/she use some sort of delivery service that provides a receipt. 1.3 Bids will be accepted in person, by United States Mail, by United Parcel Service, or by private courier service. No bids will be accepted by oral communication, telephone, electronic mail, telegraphic transmission, or telefacsimile transmission. THE CITY WILL NOT ACCEPT FAX BIDS. 1.4 The City of Lubbock reserves the right to postpone the date and time for opening bids through an addendum. 2 PRE -BID MEETING 2.1 For the purpose of familiarizing bidders with the requirements, answering questions, and issuing addenda as needed for the clarification of the Invitation to Bid (ITB) documents, a non -mandatory pre -bid meeting will be held August 4, 2015 at 10:00 a.m. CST, at Lubbock Preston Smith International Airport, Ambassador Room, 5401 North Martin Luther King Boulevard, Lubbock, TX 79403. All persons attending the meeting will be asked to identify themselves and the prospective bidder they represent. 2.2 It is the bidder's responsibility to attend the pre -bid meeting though the meeting is not mandatory. The City will not be responsible for providing information discussed at the pre -bid meeting to bidders who do not attend the pre -bid meeting. 3 ADDENDA & MODIFICATIONS 3.1 Any changes, additions, or clarifications to the ITB are made by ADDENDA information available over the Internet at www.bidsvnc.com. We strongly suggest that you check for any addenda a minimum of forty-eight hours in advance of the response deadline. BUSINESSES WITHOUT INTERNET ACCESS may use computers available at most public libraries. 3.2 Any bidder in doubt as to the true meaning of any part of the specifications or other documents may request an interpretation thereof from the Purchasing and Contract Management Office. At the request of the bidder, or in the event the Purchasing and Contract Management Office deems the interpretation to be substantive, the interpretation will be made by written addendum issued by the Purchasing and Contract Management Office. Such addenda issued by the Purchasing and Contract Management Office will be available over the Internet at www.bidsyne.com and will become part of the proposal package having the same binding effect as provisions of the original ITB. NO VERBAL EXPLANATIONS OR INTERPRETATIONS WILL BE BINDING. In order to have a request for interpretation considered, the request must be submitted in writing and must be received 1 r_r by the City of Lubbock Purchasing and Contract Management Office no later than five (5) days before the bid 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 amendment or interpretation that is not in writing. Only information supplied by the City of Lubbock Purchasing and Contract Management Office in writing or in this ITB should be used in preparing bid responses. All contacts that a bidder may have had before or after receipt of this ITB with any individuals, employees, or representatives of the City and any information that may have been read in any news media or seen or heard in any (" communication facility regarding this bid should be disregarded in preparing responses. "y 3.4 The City does not assume responsibility for the receipt of any addendum sent to bidders. 4 EXAMINATION OF DOCUMENTS AND REQUIREMENTS 4.1 Each bidder shall carefully examine all ITB documents and thoroughly familiarize itself with all requirements before submitting a bid to ensure that their bid meets the intent of these specifications. 4.2 Before submitting a bid, each bidder shall be responsible for making all investigations and examinations that are necessary to ascertain conditions and requirements affecting the requirements of this Invitation to Bid. Failure to make such investigations and examinations shall not relieve the bidder from obligation to comply, in every detail, with all provisions and requirements of the Invitation to Bid. 4.3 Notices of any discrepancies or omissions in these plans, specifications, or contract documents, shall be given to the Buyer and a clarification obtained before the bids are received, and if no such notice is received by the Buyer prior to the opening of bids, then it shall be deemed that the bidder fully understands the work to be included and has provided sufficient sums in its bid to complete the work in accordance with these plans and specifications. If bidder does not notify Buyer before bidding of any discrepancies or omissions, then it shall be deemed for all purposes that the plans and specifications are sufficient and adequate for completion of the project. It is further agreed that any request for clarification must be submitted no later than six (6) calendar days prior to the opening of bids. BID PREPARATION COSTS t j 5.1 Issuance of this Invitation to Bid (ITB) does not commit the City of Lubbock, in any way, to pay any costs incurred in the preparation and submission of a bid. 5.2 The issuance of this ITB does not obligate the City of Lubbock to enter into contract for any services or equipment. i 1 5.3 All costs related to the preparation and submission of a bid shall be paid by the bidder. 6 TRADE SECRETS CONFIDENTIAL INFORMATION AND THE TEXAS PUBLIC INFORMATION ACT 6.1 If you consider any portion of your bid to be privileged or confidential by statute or judicial decision, including trade secrets and commercial or financial information, clearly identify those portions. 6.2 The City of Lubbock will honor your notations of trade secrets and confidential information and decline to release such information initially, but please note that the final determination of whether a particular portion of your bid is in fact a trade secret or commercial or financial information that may be withheld from public inspection will be made by the Texas Attorney General or a court of competent jurisdiction. In the event a public information request is received for a portion of your bid that you have marked as being confidential information, you will be notified of such request and you will be required to justify your legal position in writing to the Texas Attorney General pursuant to Section 552.305 of the Government Code. In the event that it is determined by opinion 7 or order of the Texas Attorney General or a court of competent jurisdiction that such information is in fact not privileged and confidential under Section 552.110 of the Government Code and Section 2 252.049 of the Local Government Code, then such information will be made available to the requester. 6.3 Marking your entire bid CONFIDENTIAL/PROPRIETARY is not in conformance with the Texas Open Records Act. 7 LICENSES, PERMITS, TAXES The price or prices for the work shall include full compensation for all taxes, permits, etc. that the bidder is 3- z or may be required to pay. 8 UTILIZATION OF LOCAL BUSINESS RESOURCES 8.1 Prospective bidders are strongly encouraged to explore and implement methods for the utilization of local resources, and to outline in their bid submittal how they would utilize local resources. 9 CONFLICT OF INTEREST ' 9.1 The bidder shall not offer or accept gifts or anything of value nor enter into any business arrangement with any employee, official or agent of the City of Lubbock in regard to this bid. 9.2 By signing and executing this bid, the bidder certifies and represents to the City the bidder has not offered, conferred or agreed to confer any pecuniary benefit or other thing of value for the receipt of special treatment, advantage, information, recipient's decision, opinion, recommendation, vote or any other exercise of discretion concerning this bid. 10 CONTRACT DOCUMENTS 10.1 All work covered by the contract shall be done in accordance with contract documents described in the General Conditions. 10.2 All bidders shall be thoroughly familiar with all of the requirements set forth in the contract documents for the construction of this project and shall be responsible for the satisfactory completion of all work contemplated by said contract documents. 11 PLANS FOR USE BY BIDDERS It is the intent of the City of Lubbock that all parties with an interest in submitting a bid on the project covered by the contract documents be given a reasonable opportunity to examine the documents and prepare a bid without charge. The contract documents may be examined without charge as noted in the Notice to Bidders. 12 BIDDER INQUIRIES AND CLARIFICATION OF REQUIREMENTS 12.1 It is the intent and purpose of the City of Lubbock that this request permits competitive bids. It shall be the bidder's responsibility to advise the Buyer if any language, requirements, etc., or any combinations thereof, inadvertently restricts or limits the requirements stated in this ITB to a single source. Such notification must be submitted in writing and must be received by the City of Lubbock Purchasing and Contract Management Office no later than five (5) calendar days before the bid closing date. A review of such notifications will be made. 12.2 NO BIDDER SHALL REQUEST ANY INFORMATION VERBALLY. ALL REQUESTS FOR ADDITIONAL INFORMATION OR CLARIFICATION CONCERNING THIS INVITATION TO BID (ITB) MUST BE SUBMITTED IN WRITING NO LATER THAN FIVE (5) CALENDAR DAYS PRIOR TO THE BID CLOSING DATE AND ADDRESSED TO: Teofilo Flores, Senior Buyer City of Lubbock Purchasing and Contract Management Office 1625 1P Street, Room 204 Lubbock, Texas 79401 Fax: 806-775-2164 ( Email: TKFlores@Mylubbock.us 1 3 13 TIME AND ORDER FOR COMPLETION f _I 13.1 The construction covered by the contract documents shall be completed as follows from the date specified in the Notice to Proceed issued by the City of Lubbock to the successful bidder: Phase Calendar Days 1 3 2 2 3 235 3A 2 4 60 5A 2 5B 5 Substantial Completion 307 Final Completion 322 13.2 The Contractor will be permitted to prosecute the work in the order of his own choosing, provided, however, the City reserves the right to require the Contractor to submit a progress schedule of the work contemplated by the contract documents. In the event the City requires a progress schedule to be submitted, and it is determined by the City that the progress of the work is not in accordance with the progress schedule so submitted, the City may direct the Contractor to take such action as the City deems necessary to ensure completion of the project within the time specified. 14 PAYMENT All payments due to Contractor shall be made in accordance with the provisions of the General Conditions of the contract documents. 15 AFFIDAVITS OF BILLS PAID The City of Lubbock, prior to final acceptance of this project, requires the Contractor to execute an affidavit that all bills for labor, materials and incidentals incurred in the construction of the improvements contemplated by the contract documents have been paid in full and that there are no claims pending, of which the Contractor has been notified. 16 MATERIALS AND WORKMANSHIP The intent of these contract documents is that only materials and workmanship of the best quality and grade will be furnished. The fact that the specifications may fail to be sufficiently complete in some detail will not relieve the Contractor of full responsibility for providing materials of high quality and for protecting them adequately until incorporated into the project. The presence or absence of a representative of the City on the site will not relieve the Contractor of full responsibility of complying with this provision. The specifications for materials and methods set forth in the contract documents provide minimum standards of quality, which the Owner believes necessary to procure a satisfactory project. 17 GUARANTEES 17.1 All equipment and materials incorporated in the project and all construction shall be guaranteed against defective materials and workmanship. Prior to final acceptance, the Contractor shall furnish to the Owner, a written general guarantee which shall provide that the Contractor shall remedy any defects in the work, and pay for any and all damages of any nature whatsoever resulting in such defects, when such defects appear within ONE year from date of final acceptance of the work as a result of defective materials or workmanship, at no cost to the Owner (City of Lubbock). 17.2 Notwithstanding any provisions contained in the contractual agreement, the Contractor represents and warrants fault -free performance and fault -free result in the processing date and date -related data (including, but not limited to calculating, comparing and sequencing) of all hardware, software and firmware products delivered and services provided under this Contract, individually or in combination, as the case may be from the effective date of this Contract. Also, the Contractor warrants calculations will be recognized and accommodated and will not, in any way, result in hardware, software or firmware failure. The City of Lubbock, at its sole option, may require the 4 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, it's 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 t The contractor will, upon written request, be furnished up to 10 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 g specifications to suppliers, subcontractors or others, as required for proper prosecution of the work contemplated by the Contractor. f _ . 19 PROTECTION OF THE WORK t t 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 20 TEXAS STATE SALES TAX 20.1 This contract is issued by an organization which qualifies for exemption provisions pursuant to provisions of Article 20.04 of the Texas Limited Sales, Excise and Use Tax Act. 20.2 The Contractor must obtain a limited sales, excise and use tax permit which shall enable him to buy the materials to be incorporated into the work without paying the tax at the time of purchase. 21 PROTECTION OF SUBSURFACE LINES AND STRUCTURES It shall be the Contractor's responsibility to prosecute the work contemplated by the contract documents in such a way as to exercise due care to locate and prevent damage to all underground pipelines, utility lines, conduits or other underground structures which might or could be damaged by Contractor during the construction of the project contemplated by these contract documents. The City of Lubbock agrees that it will furnish Contractor the location of all such underground lines and utilities of which it has knowledge. However, such fact shall not relieve the Contractor of his responsibilities aforementioned. All such underground lines or structures cut or damaged by Contractor during the prosecution of the work contemplated by this contract shall be repaired immediately by Contractor to the satisfaction of the City of Lubbock, Texas, and the private utility owner, as applicable, at Contractor's expense. 22 BARRICADES AND SAFETY MEASURES The contractor shall, at his own expense, furnish and erect such barricades, fences, lights and danger signals, and shall take such other precautionary measures for the protection of persons, property and the work as may be necessary. The Contractor will be held responsible for all damage to the work due to failure of barricades, signs, and lights to protect it, and when damage is incurred, the damaged portion shall be immediately removed and replaced by Contractor at his own cost and expense. The Contractor's responsibility for maintenance of barricades, signs, and lights shall not cease until the date of issuance to Contractor of City's certificate of acceptance of the project. si 23 EXPLOSIVES 23.1 The use of explosives will not be permitted unless written permission to do so is obtained by the Contractor from the City. In all cases where written permission is obtained for the use of explosives, the Contractor shall assume full responsibility for all damage, which may occur as a direct or indirect result of the blasting. In addition, in all cases where explosives are authorized to be used, the Contractor shall use utmost care so as not to endanger life or property and the Contractor shall further use only such methods as are currently utilized by persons, firms, or corporations engaged in similar type of construction activity. 23.2 Explosive materials shall not be stored or kept at the construction site by the Contractor. 23.3 In all cases where explosives are to be used during the construction of the project contemplated by this contract, it shall be the duty of the Contractor to notify each utility company having structures (above or below the ground) in proximity to the site of the work of Contractor's intention to use explosives, and such notice shall be given sufficiently in advance to enable the companies to take such steps as they may deem necessary to protect their property from injury. Such notice, however, shall not relieve the Contractor of responsibility for any damage resulting from his blasting operations. 24 CONTRACTOR'S REPRESENTATIVE The successful bidder shall be required to have a responsible local representative available at all times while the work is in progress under this contract. The successful bidder shall be required to furnish the name, address and telephone number where such local representative may be reached during the time that the work contemplated by this contract is in progress. 25 INSURANCE 25.1 The Contractor shall not commence work under this contract until he has obtained all insurance as required in the General Conditions of the contract documents, from an underwriter authorized to do business in the State of Texas and satisfactory to the City. Proof of coverage shall be furnished to the City and written notice of cancellation or any material change will be provided thirty (30) days in advance of cancellation or change. All policies shall contain an agreement on the part of the insurer waiving the right to subrogation against the city. 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 coverage's shall be submitted before 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 AN ADDITIONAL INSURED ON AUTO/GENERAL LIABILITY ON A PRIMARY AND NON-CONTRIBUTORY BASIS AND PROVIDE A WAIVER OF SUBROGATION IN FAVOR OF THE CITY OF LUBBOCK AS REQUIRED BELOW, OR IN THE ALTERNATIVE, SHALL BE ACCOMPANIED BY A STATEMENT FROM THE CONTRACTOR TO THE EFFECT THAT NO WORK ON THIS PARTICULAR PROJECT SHALL BE SUBCONTRACTED. IT SHALL BE THE CONTRACTOR'S RESPONSIBILITY TO PROVIDE TO THE OWNER ALL PROOF OF COVERAGE INSURANCE DOCUMENTS INCLUDING WORKERS COMPENSATION COVERAGE FOR EACH SUBCONTRACTOR. THE ADDITIONAL INSURED ENDORSEMENT SHALL INCLUDE PRODUCTS AND COMPLETED OPERATIONS 26 LABOR AND WORKING HOURS I 26.1 Attention of each bidder is particularly called to the schedule of general prevailing rate of per diem wages included in these contract documents. The wage rate that must be paid on this project shall not be less than specified in the schedule of general prevailing rates of per diem wages as above mentioned. The bidders' attention is further directed to the requirements of Article 5159a, Vernon's Annotated Civil Statutes providing for the payment of the wage schedules above mentioned and the bidder's obligations thereunder. The inclusion of the schedule of general prevailing rate of per diem wages in these contract documents does not release the Contractor from compliance with any wage ! law that may be applicable. Construction work under this contract requiring an inspector will not be performed on weekends or holidays unless the following conditions exist: 26.1.1 The project being constructed is essential to the City of Lubbock's ability to provide the necessary service to its citizens. 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. 26.1.3 A longer workweek is authorized under Section 01140 — Work Restrictions of the specifications. 26.2 Before construction work requiring an inspector is to be performed on weekends or holidays, the Contractor must notify the Owner's Representative not less than three full working days prior to the weekend or holiday he desires to do work and obtain written permission from the Owner's Representative to do such work. The final decision on whether to allow construction work requiring an inspector on weekends or holidays will be made by the Owner's Representative. 26.3 In any event, if a condition should occur or arise at the site of this project or from the work being done under this contract which is hazardous or dangerous to property or life, the Contractor shall immediately commence work, regardless of the day of the week or the time of day, to correct or alleviate such condition so that it is no longer dangerous to property or life. 27 PAYMENT OF EMPLOYEES AND FILING OF PAYROLLS The contractor and each of his subcontractors shall pay each of his employees engaged in work on the project under this contract in full (less mandatory legal deductions) in cash, or by check readily cashable without discount, not less often than once each week. The Contractor and each of his subcontractors engaged at the site of the work shall not later than the seventh day following the payment of wages, file with the Owner's Representative, or Engineer, a certified, sworn, legible copy of such payroll. This shall contain the name of each employee, his classification, the number of hours worked on each day, rate of pay, and net pay. The affidavit shall state that the copy is a true and correct copy of such payroll, that no rebates or deductions (except as shown) have been made, or will in the future be made from the wages paid as shown thereon. The Contractor must classify employees according to one of the classifications set forth in the schedule of general prevailing rate of per diem wages, which schedule is included in the contract documents. The Contractor shall forfeit as a penalty to the City of Lubbock on whose behalf this contract is made, sixty dollars for each laborer, workman, or mechanic employed for each calendar day, or portion thereof, such laborer, workman or mechanic is paid less than the wages assigned to his particular classification as set forth in the schedule of general prevailing rate of per diem wages included in these contract documents. 28 PROVISIONS CONCERNING ESCALATION CLAUSES Bids submitted containing any conditions which provide for changes in the stated bid price due to increases or decreases in the cost of materials, labor or other items required for the project will be rejected and returned to the bidder without being considered. 29 PREPARATION FOR BID 29.1 The bidder shall submit his bid on forms furnished by the City an 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 materials as required. Such prices shall be written in ink, distinctly and legibly, or typewritten. In case of a 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. BIDDER'S BID SUBMITTAL MUST INCLUDE THE FOLLOWING: ■ Bid Submittal Form ■ City of Lubbock Insurance Requirement Affidavit - ■ Safety Record Questionnaire ■ Suspension and Debarment Certification ■ Certification regarding Employee Information Report EEO-1 ■ Buy American Certification ■ Davis- Bacon Certification of Eligibility ■ Certification of Nonsegregated Facilities ■ Trade Restriction Clause ■ DBE Utilization Form ■ DBE Letter of Intent ■ DBE Bidder's List ■ Bid Bond 29.2 If the bid is submitted by an individual, his name must be signed by him or his duly authorized agent. If a bid is submitted by a firm, association, or partnership, the name and address of each member must be given and the bid signed by a member of the firm, association or partnership, or person duly authorized. If the bid is submitted by a company or corporation, the company or corporate name and business address must be given, and the bid signed by an official or duly authorized agent. Powers of attorney authorizing agents or others to sign bids must be properly certified and must be in writing and submitted with the bid. The bid shall be executed in ink. 29.3 Each bid shall be enclosed in a sealed envelope, addressed as specified in the Notice to Bidders, and endorsed on the outside of the envelope in the following manner (The City does not accept bids by fax bids). 29.3.1 Proposer's Name: 29.3.2 Bid for LUBBOCK PRESTON SMITH INTERNATIONAL AIRPORT RUNWAY 1711-35L PHASE II. 29.4 Bid submittals may be withdrawn and resubmitted at any time before the time set for opening of the bids, but no bid may be withdrawn or altered thereafter. 29.5 Pursuant to Texas Local Government Code 252.043(a), a competitive sealed bid that has been opened may not be changed for the purpose of correcting an error in the bid price. THEREFORE, ANY CORRECTIONS TO THE BID PRICE MUST BE MADE ON THE BID SUBMITTAL FORM PRIOR TO BID OPENING. 30 31 BOUND COPY OF CONTRACT DOCUMENTS Bidder understands and agrees that the contract to be executed by bidder shall be bound and include the following: (a) Notice to Bidders (b) General Instructions to Bidders (c) Bid Submittal Form (d) Debarment Certification (e) EEO Certification (f) Buy America Certification (g) Davis- Bacon Certification (h) Nonsegregated Facilities Certification (i) Trade Restriction Clause 0) DBE Contracting Requirement (k) Safety record Questionnaire (1) Statutory Payment and Performance Bonds (m) Insurance Certificates for Prime Contractor and all Subcontractors (n) Contract (o) General Conditions of the Agreement (p) FAA Mandatory Contract Provisions (q) FAA General Provisions (r) Special Provisions (s) Technical Specification (t) APPENDICES (u) All other documents made available to bidder for his inspection in accordance with the Notice to Bidders If Plans and Specifications are too bulky or cumbersome to be physically bound, they are to be considered incorporated by reference into the aforementioned contract documents. QUALIFICATIONS OF BIDDERS The bidder may be required before the award of any contract to show to the complete satisfaction of the City of Lubbock that it has the necessary facilities, ability, and financial resources to provide the service specified therein in a satisfactory manner. The bidder may also be required to give a past history and references in order to satisfy the City of Lubbock about the bidder's qualifications. The City of Lubbock may make reasonable investigations deemed necessary and proper to determine the ability of the bidder to perform the work, and the bidder shall furnish to the City of Lubbock all information for this purpose that may be requested. The bidder's bid may be deemed not to meet specifications or the bid may be rejected if the evidence submitted by, or investigation of, the bidder fails to satisfy the City of Lubbock that the bidder is properly qualified to carry out the obligations of the contract and to complete the work described therein. Evaluation of the bidder's qualifications shall include: (a) The experience record of the bidder showing completed jobs of a similar nature to the one covered by the intended contract and all work in progress with bond amounts and percentage completed. (b) The ability of the bidder to perform the work or provide the service promptly or within the time specified, without delay or interference. (c) The character, integrity, reputation, judgment, experience, and efficiency of the bidder. (d) The quality of performance of previous contracts or services. (e) A letter, on the Prime contractor and subcontractor insurer's letterheads, stating the Workman's Compensation Insurance Rating for the Prime and all subcontractors, including any subcontractors added after the contract has been awarded. (f) A sworn statement of the current financial condition of the bidder. (g) Equipment schedule. 1 __1 32 Before contract award, the recommended contractor for this project may be required to show that he has experience with similar projects that require the Contractor to plan his work efforts and equipment needs with City of Lubbock specifications in mind. Demonstration of experience shall include a complete list of ALL similar municipal and similar non -municipal current and completed projects for the past three (3) years for review. This list shall include the names of supervisors and type of equipment used to perform �- work on these projects. In addition, the Contractor may be required to provide the name(s) of supervisor(s) that will be used to perform work on this project in compliance with City of Lubbock specifications herein. BID AWARD 32.1 The City of Lubbock reserves the right to reject any or all bids, reject any particular item on a bid, and to waive immaterial formalities and to accept the offer most advantageous to the City of Lubbock in its sole discretion. 32.2 The City reserves the right to accept the Total Base Bid and Alternate Bids in any order or combination that serves its best interests. The low bid shall be determined on the price combination of the Total Base Bid and any accepted Alternate Bids or Options. 32.3 All bids are evaluated for compliance with specifications before the bid price is considered. Response to specifications is primary in determining the best low bid. Failure to comply with the specifications may result in disqualification of the bid. 32.4 In case of tie bids, preference will be given to local bidders. Consistent and continued tie bidding may be cause for rejection of bids by the City of Lubbock and/or investigation by the Attorney General to determine possible Anti -Trust violations. 32.5 Before the City may award a bid to a nonresident bidder, the nonresident bidder's bid must be lower than lowest bid submitted by a responsible Texas bidder by the same margin or amount that a Texas bidder would be required to underbid the nonresident bidder in the nonresident bidders' home state. 32.6 Any contract made, or purchase order issued, as a result of this Invitation to Bid, shall be entered into the State of Texas and under the laws of the State of Texas. In connection with the performance of work, the Bidder agrees to comply with the Fair Labor Standard Act, Equal Opportunity Employment Act, and all other applicable Federal, State, and Local laws, regulations, and executive orders to the extent that the same may be applicable. 32.7 NO INDIVIDUAL OF ANY USING DEPARTMENT HAS THE AUTHORITY TO LEGALLY AND/OR FINANCIALLY COMMIT THE CITY TO ANY CONTRACT, AGREEMENT OR PURCHASE ORDER FOR GOODS OR SERVICES, UNLESS SPECIFICALLY SANCTIONED BY THE REQUIREMENTS OF THIS INVITATION TO BID. 32.8 The successful bidder must satisfy the City as to the bidder's ability to perform the work and meet all contractual obligations set forth in the contract to be executed. 33 DISADVANTAGED BUSINESS ENTERPRISE (DBE) REOUIREMENTS 33.1 The City of Lubbock hereby notifies all bidders that in regard to any contract entered into pursuant to this ITB, Disadvantaged Business Enterprises (DBE's) will be afforded equal opportunities to submit bids and will not be discriminated against on the grounds of race, color, sex, disability, or national origin in consideration of an award. 33.2 A DBE is defined as a small business concern which is at least 5 1 % owned and controlled by one or more socially and economically disadvantaged individuals, or in the case of any publicly owned business, at least 51 % of the stock of which is owned by one or more socially and economically disadvantaged individuals. Socially and economically disadvantaged include Women, Black Americans, Hispanic Americans, Native Americans, Asian -Pacific Americans, and Asian -Indian Americans. 10 i 33.3 Good Faith Efforts (Information to be submitted) City of Lubbock treats bidders' compliance with good faith efforts requirements as a matter of responsiveness. Each solicitation for which a contract goal has been established will require the bidders to submit the following information with its bid as a condition of responsiveness: 1. DBE Utilization form 2. DBE Letter of Intent; 3. DBE Bidder's List 4. If the goal is not met, evidence of good faith efforts 33.4 Demonstration of good faith efforts The obligation of the bidder is to make good faith efforts. The bidder can demonstrate that it has done so either by meeting the contract goal or documenting good faith efforts. The Disadvantage Business Enterprise Program has been uploaded. The following personnel are responsible for determining whether a bidder who has not met the contract goal has documented sufficient good faith efforts to be regarded as responsive: Persons assigned to evaluate bids or proposals as specified on the City's "Request to Solicit Competitive Bids or Proposals — Procurement Document Submittal Form." We will ensure that all information is complete and accurate and adequately documents and bidder's good faith efforts before we commit to the performance of the contract by the bidder. 33.5 Administrative reconsideration Within 10 days of being informed by City of Lubbock that it is not responsive because it has not documented sufficient good faith efforts, a bidder may request administrative reconsideration. Bidders should make this request in writing to the following reconsideration official: Marta Alvarez, Director of Purchasing and Contract Management, City of Lubbock, P.O. Box 2000, i Lubbock, Texas 79457. The reconsideration official will not have played any role in the original determination that the bidder did not make/document sufficient good faith efforts. As part of this reconsideration, the bidder will have the opportunity to provide written documentation or argument concerning the issue of whether it met the goal or made adequate good faith efforts to do so. The bidder will have the opportunity to meet in person with our reconsideration official to discuss the issue of whether it met the goal or made adequate good faith efforts to do so. We will send the bidder a written decision on reconsideration, explaining the basis for finding that the bidder did or did not meet the goal or make adequate good faith efforts to do so. The result of the reconsideration process is not administratively appealable to the Department of Transportation. 33.6 Good Faith Efforts when a DBE is replaced on a contract City of Lubbock will require a contractor to make good faith efforts to replace a DBE that is -= terminated or has otherwise failed to complete its work on a contract with another certified DBE, to the extent needed to meet the contract goal. The City will require the prime contractor to notify the f DBE Liaison Officer (DBELO) immediately of the DBE's inability or unwillingness to perform and provide reasonable documentation. In this situation, we will require the prime contractor to obtain our prior approval of the substitute DBE and to provide copies of new or amended subcontracts, or documentation of good faith efforts. If the contractor fails or refuses to comply in the time specified, our contracting office will issue an order stopping all or part of payment/work until satisfactory action has been taken. If the contractor still fails to comply, the contracting officer may issue a termination for default proceeding. 11 S !. 34 33.7 Certification The DEBLO will submit any request for certification and/or information regarding certification to TxDot. TxDot serves as the regional Unified Certification Program Administrator for Lubbock. For information about the certification process or to apply for certification, firms should contact:..-, Kelly Campbell, Executive Director, Lubbock Preston Smith International Airport, Rt. 3 Box 389, Lubbock, Texas 79403, 806/775-3126, kcampbell&mail.ci.lubbock.tx.us. ` 33.8 Certification Appeals Any firm or complainant may appeal the City's decision in a certification matter to DOT. Such appeals may be sent to: Department of Transportation Office of Civil Rights Certification Appeals Branch, 400 7"' St., SW, Room 2104, Washington, DC 20590. The City will promptly implement any DOT certification appeal decision affecting the eligibility of DBEs for all DOT -assisted contracting (e.g., certify a firm if DOT has determined that our denial of its application was erroneous). 33.9 "Recertifications" The City will review the eligibility of DBEs that the City might have certified under former part 23, ' to make sure that they meet the standards of Subpart D of part 26. In order to comply with requirements of re -certification each currently certified DBE the airport works with will be required to comply with the requirements of the UCP. For firms that the City has certified or reviewed and found eligible under part 26, the City will review their eligibility every five years following the date of their certification in accordance with UCP rules and regulations. 33.10 Bidders List The City of Lubbock will create a bidders list, consisting of information about all DBE and non - DBE firms that bid or quote on DOT -assisted contracts. The purpose of this requirement is to allow use of the bidder's list approach to calculating overall goals. The bidders list will include the name, address, DBE/non-DBE status, age, and annual gross receipts of firms. The City will collect this information in the following ways: a notice in all solicitations and direct request to firms quoting on subcontracts to report information directly to the DBELO. The City of Lubbock will work closely with all prime bidders in order to collect necessary information of all firms who quote to them on contracts. 33.11 Monitoring Payments to DBEs The City will require prime contractors to maintain records and documents of payments to DBEs for three years following the performance of the contract. These records will be made available for inspection upon request by any authorized representative of the City of Lubbock or DOT. This reporting requirement also extends to any certified DBE subcontractor. The City will keep a running tally of actual payments to DBE firms for work committed to them at the time of contract award. The City will perform interim audits of contract payments to DBEs. The audit will review payments to DBE subcontractors to ensure that the actual amount paid to DBE subcontractors equals or exceeds the dollar amounts stated in the schedule of DBE participation. VETERAN'S PREFERENCE The City shall include in all contracts for work on any project funded under the grant agreement which involve labor, such provisions as are necessary to insure that, in the employment of labor (except in executive, administrative, and supervisory positions), preference shall be given to Veterans of the Vietnam era and disabled veterans as defined in Section 47112 of Title 49, United States Code. However, this preference shall apply only where the individuals are available and qualified to perform the work to which i the employment relates. 12 _z 0. 35 CONFIDENTIALITY The City will safeguard from disclosure to third parties information that may reasonably be regarded as confidential business information, consistent with Federal, state, and local law. The City of Lubbock will maintain efforts to be consistent with the law as set forth in: the Freedom of Information Act under USC: Title 5. The relevant text is found in § 552(b)(2) and (4). The City of Lubbock will interpret these parts as policy to refuse the release of and access to, any information deemed to be related solely to the internal personnel rules and practices of an agency; or as trade secrets and commercial or financial information obtained from a person and privileged or confidential. Further, in compliance with USC: Title 18 § 1905 concerning the disclosure of confidential information: The City of Lubbock will not publish, divulge, disclose or make known in any manner or to any extent not authorized by law any information coming to us in the course of employment or official duties or by reason of any examination or investigation made by, or return, report or record made to or filed with the City of Lubbock, which information concerns or relates to the trade secrets, processes, operations, style of work, or apparatus, or to the identity, confidential statistical data, amount or source of any income, profits, losses, or expenditures of any person, firm, partnership, corporation, or association; or permits any income return or copy thereof or any book containing any abstract or particulars thereof to be seen or examined by any person except as provided by law. Notwithstanding any contrary provisions of state or local law, we will not release personal financial information submitted in response to the personal net worth requirement to a third party (other than DOT) without the written consent of the submitter. 36 NON DISCRIMINATION CLAUSE The contractor or subcontractor shall not discriminate on the basis of race, color, national origin, or sex in the performance of this contract. The contractor shall carry out applicable requirements of 49 CFR part 26 in the award and administration of DOT assisted contracts. Failure by the contractor to carry out these requirements is a material breach of this contract, which may result in the termination of this contract or such other remedy, as the recipient deems appropriate. 37 PROMPT PAYMENT The prime contractor agrees to pay each subcontractor under this prime contract for satisfactory performance of its contract no later than 30 days from the receipt of each payment the prime contractor receives from City of Lubbock. The prime contractor agrees further to return retainage payments to each subcontractor within 30 days after the subcontractor's work is satisfactorily completed. Any delay or postponement of payment from the above referenced time frame may occur only for good cause following written approval of the City of Lubbock. This clause applies to both DBE and non -DBE subcontractors. The City of Lubbock will require that all contractors comply with the Texas Government Code 2251.022. Chapter 2251 of the Texas Government Code generally defines past due dates and provides for payments for goods and services to vendors, general contractors, and subcontractors. Failure to comply with the provisions of Texas Government Code Chapter 2251 include the right to charge interest on overdue accounts and right to collect attorney's fees in the event of formal administrative or judicial action to collect an invoice payment or interest due. A copy of Texas Government Code 2251.022 is attached as Attachment 8 in the Airport's Disadvantaged Business Enterprise Plan. r 38 MONITORING AND ENFORCEMENT MECHANISMS The City will bring to the attention of the Department of Transportation any false, fraudulent, or dishonest conduct in connection with the program, so that DOT can take the steps (e.g., referral to the Department of t Justice for criminal prosecution, referral to the DOT Inspector General, action under suspension and debarment or Program Fraud and Civil Penalties rules) provided in 26.109. The City also will consider similar action under our own legal authorities, including responsibility determinations in future contracts. -' The City of Lubbock WILL REQUIRE CERTIFICATION that work contracted with a DBE is actually performed by the DBE. We may follow up this certification by conducting on -site evaluations to monitor the performance obligated in the contract. In the event of non-compliance with the DBE regulation by any participant in our procurement activities, the City of Lubbock shall be entitled to pursue any and all remedies allowed by the laws of the State of 13 Texas and the Federal Government. Such remedies may include, but not necessarily be limited to, the following: a. Civil action, in a court appropriate jurisdiction, for breach of the contract. Such damages may be set forth in the contract as predetermined damages, consequential damages arising out of the breach and/or specific performance.. b. Criminal prosecution may result from the commission of fraud or other criminal activity on the part of a party to the contract. In the event that a crime is perceived to have occurred, the city may refer the case to the appropriate law enforcement or prosecutorial authority for further action. In such event the city anticipates cooperating with such agency in the investigation and prosecution of a criminal case. 39. RETAINAGE The Contractor is required to pay all subcontractors for satisfactory performance of their contracts no later than 30 days after the Contractor has received a partial payment. The Owner must ensure prompt and full payment of retainage from the prime Contractor to the subcontractor within 30 days after the subcontractor's work is satisfactorily completed. A subcontractor's work is satisfactorily completed when all the tasks called for in the subcontract have been accomplished and documented as required by the Owner. When the Owner has made an incremental acceptance of a portion of a prime contract, the work of a subcontractor covered by that acceptance is deemed to be satisfactorily completed. From the total of the amount determined to be payable on a partial payment, 5% of such total amount will be deducted and retained by the Owner until the final payment is made, except as may be provided (at the Contractor's option) in the subsection 90-08 titled PAYMENT OF WITHHELD FUNDS of this section. The balance 95% of the amount payable, less all previous payments, shall be certified for payment. Should the Contractor exercise his or her option, as provided in the subsection 90-08 titled PAYMENT OF WITHHELD FUNDS of this section, no such percent retainage shall be deducted. When at least 95% of the work has been completed, the Engineer shall, at the Owner's discretion and with the consent of the surety, prepare estimates of both the contract value and the cost of the remaining work to be done. The Owner may retain an amount not less than twice the contract value or estimated cost, whichever is greater, of the work remaining to be done. The remainder, less all previous payments and deductions, will then be certified for payment to the Contractor. 40. BREACH OF CONTRACT TERMS Any violation or breach of terms of this contract on the part of the contractor or their subcontractors may result in the suspension or termination of this contract or such other action that may be necessary to enforce the rights of the parties of this agreement. The duties and obligations imposed by the Contract Documents and the rights and remedies available thereunder shall be in addition to and not a limitation of any duties, obligations, rights and remedies otherwise imposed or available by law. 41. ANTI -LOBBYING PROVISION 41.1 DURING THE PERIOD BETWEEN BID SUBMISSION DATE AND THE CONTRACT AWARD, BIDDERS, INCLUDING THEIR AGENTS AND REPRESENTATIVES, SHALL NOT DISCUSS OR PROMOTE THEIR BID 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. 41.2 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 bidders bid. 14 42 PREVAILING WAGE RATES 42.1 Bidders are required to comply with Texas Government Code, Chapter 2258, Prevailing Wage Rates, with respect to the payment of prevailing wage rates for the construction of a public work, including a building, highway, road, excavation, and repair work or other project development or improvement, paid for in whole or in part from public funds, without regard to whether the work is done under public supervision or direction. A worker is employed on a public work if the worker is employed by the contractor or any subcontractor in the execution of the contract for the project 42.2 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. 42.3 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.gpo.gov/davisbacon/allstates.html 42.4 It shall be the responsibility of the successful bidder to obtain the proper wage rates from the web site for the type of work defined in the bid specifications. 42.5 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. 43. 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. 44. 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. Governmental entities may want to include information on this new misclassification penalty in their contracts with entities that are providing services covered by this new requirement (Texas Government Code Section 2155.001). 15 PAGE INTENTIONALLY LEFT BLANK BID SUMBITTAL FORM PAGE INTENTIONALLY LEFT BLANK BID SUBMITTAL FORM UNIT PRICE BID CONTRACT DATE: _ Au&ust 25, 2015 PROJECT ITB NUMBER: 15-12442-TF - LUBBOCK PRESTON SMITH INTERNATIONAL AIRPORT RUNWAY 17R 35L, PHASE U Bid of DUININCK, INC. (hereinafter called Bidder) To the Honorable Mayor and City Council City of Lubbock, Texas (hereinafter called Owner) Ladies and Gentlemen: The Bidder, in compliance with your Invitation to Bid for the construction of a LUBBOCK PRESTON SMITH INTERNATIONAL AIRPORT RUNWAY 17R 35L, PHASE II, having carefully examined the plans, specifications, instructions to bidders, notice to bidders and all other related contract documents and the site of the intended work, and being familiar with all of the conditions surrounding the construction of the intended project including the availability of materials and labor, hereby intends to furnish all labor, materials, and supplies; and to construct the project in accordance with the plans, specifications and contract documents, within the time set forth therein and at the price stated below. The bidder binds himself on acceptance of his bid to execute a contract and any required bonds, according to the accompanying forms, for performing and completing the said work within the time stated and for the prices stated below. Owner reserves the right to award only one or any combination of the Base Bid and Alternate Bids below. ITEM DESCRIPTION UNIT ESTIMATED UNIT EXTENDED NO. I QUANTITY $ PRICE $ AMOUNT BASE BID 1. Item GP 105, Mobil ization/Demobi I ization (8% max) LS 1 $ l Z-?a � $ 12'70 �a °4 2. Item P-101, Removal of Existing Concrete Pavement (13 to 15-inch Thickness), and i Sa OP 3�t S' disposal of off airport roe SY 52,310 $ $ 3. Item P-101, Removal of Existing Hot -Mix Asphaltic Concrete Base (variable Thickness) and either disposed of off -site or 2 • ° 14,53 processed to RAP specifications CY 11,500 $ $ ' 4. Item P-101, Removal of Hot -Mix Asphaltic Concrete Surface Course (t2-inch Thickness) and Bituminous Base Course �. r Z.$r 2 d7. 'r (f4-inch Thickness), and either disposed of off -site or Rrocessed to RAP specifications SY 4,210 $ $ 5. Item P-101, Removal of Hot -Mix Asphaltic Concrete Surface Course (+2-inch Thickness) and Bituminous Base Course 7-5 i ` ob q 91 D �$ (t8-inch Thickness), and either disposed of • off -site or processed to RAP specifications SY 1 3,700 $ $ ITEM DESCRIPTION UNIT ESTIMATED UNIT EXTENDED NO. QUANTITY $ PRICE $ AMOUNT 6. Item P-101, Asphalt Joint and Crack Repair, 1/4 to 1-1/2-inch width (including removal of existing sealant and preparation j. �� �7a 000, Ob but excluding sealant material LF 22,500 $ $ 7. Item P-101, Material for Asphalt Joint and Crack repair, 1/4to 1-1/2-inch width GAL 1,320 $ 1D. oo $ 13,'Z00 8. Item P-101, Asphalt Joint and Crack Repair, 1-1/2 to 2-inch width (including preparation, material, and labor LF 3,000 $ 1S . ° $ ®a Q •�'- 4 9. Item P-101, Asphalt Joint and Crack Repair, >2" width (including preparation, ao of material, and labor) LF 1,500 $ GS. $ °r"1,°;06 10. Item P-101, Spalled and Failed Concrete Pavement Repair (including material and re ardless of s all depth) SY 20 $1,000. ° o $ U, boo . °a 11. Item P-101, Concrete Crack Repair (including material) LF 430 00 $ 60• r 00 $ Z5 $00. o 12. Item P-101, Rubber Removal 13. Item P-152, Excavation and Stockpile of Material to be Reinstalled By Contractor CY 17,000 $ 9 312 $ 1574, q00• va 14. Item P-152, Excavation and Haul -Off of Material b Contractor CY 40,000 $ 2 3, ado $ 920 000. ec 15. Item P-152, Excavation for Undercutting of Unsuitable Material (including obtaining °= and installingsuitable borrow material CY 1,000 $ a?. 00 $ Z? 000. — 16. Item P-152 Embankment CY 17,500 $ �.�Q $ 17.D '7SO,q-0 17. Item P-152 Grading and Topsoil in Unpaved Areas SY 356,200 �p $ 2. "' $ 9 U. 18. Item P-152, Grading and Subgrade Preparation Using In -Place Material (6-inch 0 Thickness) Under Areas to be Paved SY 50,500 $ $- 19. Item P-152, Grading and Subgrade Preparation Using Stockpiled Material (6-inch Thickness) Under Areas to be S �— Paved SY 49,300 $ S. $ dot 0 ' 20. Item P-153, Controlled Low Strength Material for Shoulder Backfil) CY 680 $ t 9� . �o $ t 32 boo• ° 21. Item P-155, Lime Treated Subgrade Course, 6-inch Thickness (using stockpiled material SY 49,300 $ .So $ 050,°�' 22. Item P-155, Hydrated Lime Material (Dry - Lime Weight) used in Lime Treated oa Subgrade Course TON 880 $ tea' $ 1—I6 000.- 23. Item P-156, Temporary Air and Water Pollution, Soil Erosion and Siltation �D no Control LS 1 $ ,�3D . $ � a DOO 24. Item P-304, Cement Treated Base Course, I 6-inch Thickness SY 50,500 $ 1-1. $ $l.3 S Sa.1 i_ ITEM DESCRIPTION UNIT ESTIMATED UNIT EXTENDED NO. QUANTITY $ PRICE $ AMOUNT 25. Item P401, Hot -Mix Asphalt (HMA) o� Pavements, 4-inch Thickness (two 2-inch 02 50 0 59 S . lifts) TON 10,811 $ ��� . " $ 26. Item P-401, Hot -Mix Asphalt (HMA) Pavements, 6-inch Thickness (two 3-inch Do lifts) TON 3,223 $ $ 27. Item P401, Hot -Mix Asphalt (HMA) ZS Pavements, max 3% bonus LS 1 $ (07 4et $. $ G2- LMSf . 28. Item P-501, Portland Cement Concrete Pavement, 16-inch Thickness (including od 3,7;Z "7 0,0—'0 reinforcement where applicable)_ SY 48,360 $ '7`%. `+ $ 29. Item P-501, Portland Cement Concrete Pavement, 13 to 15-inch Thickness includin reinforcement where applicable) SY 3,910 $ IZS • ZS Q $ 30. Item P-501, Portland Cement Concrete Pavement (f8-inch Thickness including additional milling where necessa SY 150 $ h $l; . — �o $ 31. Item P-501, Portland Cement Concrete s $` Pavement, 6% Bonus LS I $ Z Sq yZ 1 $ 2.54 q7 I. 32. Item P-602, Bituminous Prime Coat, o0 includingherbicidal treatment GAL 15,140 $ $ 1tZ 15 13. 33. Item P-605, Joint Sealants for Existing Concrete Keel Section (including removal of pa oa existing sealant, labor, and material) LF 13,060 $ Z• $ 34. Item P-608, Emulsified Asphalt Seal Coat00 a SY 20,900 $ 2 •�f $ 52Z<o — 35. Item P-620, Obliteration of Permanent I ° �! Runwayand TaxiwayPaintingSF 306,100 $ • $ 3, I o 36. Item P-620, Obliteration of Temporary o oa Runway and Taxiwa Painting SF 6,200 $ •1 $ 37. Item P-620, Permanent Runway and Taxiway Painting (including reflective ®' b� 1163) W. ~a media SF 306,100 $ $ 38. Item P-620, Temporary Runway and Taxiway Painting (including reflective ee media) SF 6,200 $ ` • $ (1 11(.0. 39. Item P-621, Saw -Cut Grooving SY 38,700 �S $ 1-- . ou $ 67,7Z5. 40. Item D-705, Pipe Underdrain System ys Ov 41. Item D-705, Connections to Electrical oa System EA 10 $ 1 jGoU. $ l'S#0aD .06 42. Item D-705, Connections to Existing Culvert EA 4 $ 2rtoa. — $ $,►fao. -- 43. Item T-901, Seeding and Fertilizing (Excluding Compost/Organic Material AC 80 $ (,, DOD. $ q Oct-21 44. Item T-904, Sodding a,a SY 8,900 $ to. $ Ch ( 2ZS. 45. Item L-108, 6 inch wide trenching for Z "7 conduit, l8 inch minimum depth LF 1,240 $ L • $ 7 So . 46. Item L-108, No. 8 AWG, 5 M L- 824, Type C Cable, Installed in Trench, S o 1 pa Duct Bank or Conduit LF 30,550 $ • $ 3 ITEM DESCRIPTION UNIT ESTIMATED UNIT EXTENDED N0. QUANTITY $ PRICE $ AMOUNT 47. Item L-108, No. 6 AWG, Solid, Bare Counterpoise Wire, Installed in Trench, Above the Duct Bank or Conduit, Including 010 Ground Rods and Ground Connectors LF 1,240 $ $ 48. Item L-110, Non -Metallic, 3 inch x 32 inch °'� Saddle Racks EA 30 $ l5S'. $ �{ &'5-q . 49. Item L-110, Non -Encased Electrical Duct �� � Bank, 2 inch, SCH 40, PVC LF 530 $ 3. $ I7 N c)- 50. Item L-110, Concrete Encased Electrical Conduit, 2 inch, SCH 40, PVC LF 710 $ G . or $ ?A-0 . ° 51. Item L-125, Replace Existing L-862 HIRL Fixture with new L-862 Fixture including new base plate with ground tab, new extension column for 24 inch fixture height, new L-830-18 (150W) Transformer and ��' S '� PVC transformer support EA 100 $ $ 52. Replace Existing L-862 HIRL Threshold Fixture with new L-862 Threshold Fixture including new base plate with ground tab, new extension column for 24 inch fixture height, new L-830-6 (200W) Transformer o0 00 and PVC transformer support EA 8 $ 53. Replace Existing L-850 HIRL Fixture with new L-850 Fixture including new L-830-6 (200W) Transformer and PVC transformer 1 . � 1"1��a� . qs support EA 12 $ ry�� $ 54. Item L-125, Install New Fixture '� Identification Tags EA 120 $ 12. $ 5 D D . ?� 55. Item L-125, Install New L-868 Light Base - in new concrete runwa panel EA 3 $ I ,q go . 4-0 $ N 1 *5570 . 56. Item L-125, Remove Stripped or Broken Bolt and Repair/Re-tap Can to Receive v a New Bolt EA 40 $ Soo. 57. Item L-125, Circuit Discovery and Marking 00 00 LS 1 $ 151000, — $ 1 g 000 • -- 58. Item MC, Taxiway Crossing and FOD Control LS 1 $ 2.00 0� .�50 $ 7-0 a 000.e 59. Item MC, Pavement Patch / Pothole Repair 60. Item MC, All Items Associated with Project Phasing and Safety (including lighting, signage, barricades, temporary electrical, Jo Zyaloao . ZyJI pad. etc. LS I $ $ 61. Item MC, Nonwoven Geotextile Interlayer aD includin anchors SY 50,750 $ 3. $ 1'S2 So 62. Item PLANS, Install new pavement sensors c o 0 BASE BID TOTAL $15; 19 1-7I SNq{ (in case of a discrepancy between the Unit Price and the extended total ror a bid item, the unit price will be taken.) 4 TOTAL BASE BID, ITEMS #1- #62: MATERIALS: ($ S , 3001, O a 0. °~ } SERVICES: ($ too (.714 SDI j. } BASE BID ITEMS #1- #62 TOTAL: DESCRIPTION UNIT ESTIMATED UNIT EXTQWW NO. I QUANTITY $ PRICE $ UNT ALTERNATE NON44, A l -1 Item T-901, CompostlOrg aterial in Areas to be Seeded AC $ $ e600 oa b.ca TOTAL ALTERNATE 1 ITEM A1-1 MATERIALS y a a LABOR a S t zo TOV#g gd b� o as a S AI-1 (in case of a discrepancy between the Unit Price and the extended total for a bid item, the unit price will be taken.) Bidder hereby agrees to commence the work on the above project on a date to be specified in a written "Notice to Proceed" of the Owner and to complete the project as summarized below, and as stipulated in the specifications and other contract documents. Phase Calendar Days 1 3 2 2 3 235 3A 2 4 60 5A 2 5B 5 Substantial Completion 307 Final Completion r 322 3 Bidder hereby further agrees to pay to Owner as liquidated damages for each calendar day in excess of the time set forth in the general conditions of the contract documents, the following sum of allowed construction time with liquidated damages: Schedule Liquidated Damages Cost Allowed Construction Time Phase 1 $3,780.00 3 calendar days Phase 2 $3,780.00 2 calendar days Phase 3 $3,780.00 235 calendar days Phase 3A $3,780.00 2 calendar days Phase 4 $3,780.00 60 calendar days Phase 5A $3,780.00 2 calendar days Phase 513 $3,780.00 5 calendar days Substantial Completion N/A 307 calendar days Final Completion $6,750.00 322 calendar days Bidder understands and agrees that this bid submittal shall be completed and submitted in accordance with instruction number 28 of the General Instructions to Bidders. t Bidderunderstands that the Owner reserve the right t reject an or 1 bid and to waive an formality in the and s g o � y all s at y f l ty bidding. The Bidder agrees that this bid shall be good and may not be withdrawn for period of ONE HUNDRED' J g g Y TWENTY (M calendar days after the scheduled closing time for receiving bids. The undersigned Bidder hereby declares that he has visited the site of the work and has carefully examined the plans, specifications and contract documents pertaining to the work covered by this bid, and he further agrees to . commence work on or before the date specified in the written notice to proceed, and to substantially complete the ' I } work on which he has bid; as provided in the contract documents. b Bidders are required, whether or not a payment or performance bond is required, to submit a cashier's check or certified check issued by a bank satisfactory to the City of Lubbock, or a bid bond from a reliable surety company, payable without recourse to the order of the City of Lubbock in an amount not less than five percent (5%) of the total amount of the bid submitted as a guarantee that bidder will enter into a contract, obtain all required insurance policies, and execute all necessary bonds (if required) within ten (10) business days after notice of award of the contract to him. Enclosed with this bid is a Cashier's Check or Certified Check for NA Dollars (S NA ) or a Bid Bond in the sum of 5% of Total Bid Amount Dollars (S 57 of Bid ), which it is agreed shall be collected and retained by the Owner as liquidated damages in the event the bid is accepted by the Owner and the undersigned fails to execute the necessary contract documents, insurance certificates, and the required bond (if any) with the Owner within ten (10) business days after the date of receipt of written notification of acceptance of said bid; otherwise, said check or bond shall be returned to the undersigned upon demand. Bidder understands and agrees that the contract to be executed by Bidder shall be bound and include all contract documents made available to him for his inspection in accordance with the Notice to Bidders. Pursuant to Texas Local Government Code 252.043(g), a competitive sealed bid that has been opened may not be changed for the purpose of correcting an error in the bid price. THEREFORE, ANY CORRECTIONS TO THE BID PRICE MUST BE MADE ON THE BID SUBMITTAL FORM PRIOR TO BID ,�GK OPENING. �V�� ' (Seal if Bidder is a Corporation) SFAL ATTEST: SO�� Secretary Trevor Duininck Bidder acknowledges receipt of the following addenda: Addenda No. Date Addenda No. Date Addenda No. Date__ Addenda No. Date M/WBE Firm: Date: August 25, 2015 Auth zed Signature Ryan Duininck, VP (Printed or Typed Name) Duininck, Inc. Company 4701 N. Highway 377 Address Roanoke , Denton City, County Texas 76262 State Zip Code Telephone: 817 - 491-0946 Fax: 817 - 491-9528 FEDERAL TAX ID or SOCIAL SECURITY No. 41-1552654 7 BID BOND KNOW ALL MEN BY THESE PRESENTS: That we, Duininck, Inc., 4701 Hwy 377, Roanoke, TX 55440-9322, hereinafter referred to as the Principal, and National Fire Insurance Company of Hartford & Continental Casualty Company, 333 S Wabash Ave, Chicago, IL 60604, hereinafter referred to as the Surety, are held and firmly bond unto City of Lubbock, 1625 131" Street, Room 204, Lubbock, TX 79401 herein after referred to as the Obligee, in the sum of Five Percent of Bid ( 5 % of Bid) for the payment of which we bind ourselves, our legal representatives, successors and assigns, jointly and severally, firmly by these presents, WHEREAS, the Principal has submitted or is about to submit a proposal to the Obligee on a contract for: Lubbock Preston Smith International Airport Runway 17R-35L Phase Two NOW, THEREFORE, if the said contract be awarded to the Principal and the Principal shall, within such time 1 as may specified, enter into the contract in writing and give such bond or bonds as may be specified in the bidding or contract documents with Surety acceptable to the Obligee; or if the Principal fails to do so, pay to the Obligee the damages which the Obligee may suffer by reason of such failure not exceeding the penalty of this bond, then this obligation shall be void, otherwise to remain in full force and effect. SIGNED, SEALED AND DATED: August 25, 2015 National Fire Insurance Company of Hartford and Continental Casualty Company (Surety) By (Seal) Myron Mulder, Attorney -in -Fact 1... UUUNTY OF Kandivohi ) I, Verla K. Folkerts . Notary Public of Kandivohi County, in the State of Minne, do hereby certify that Myron Mulder Attorney -in -Fact of the National Fire insurance Company of Hart and Continental Casualty Company, who is personally known to me to be the same person whose namt subscribed to the foregoing instrument, appeared before me this day in person, and acknowledged that he sigr sealed and delivered said instrument, for and on behalf of the National Fire Insurance Company of Hartford Continental Casualty Company, for the uses and purposes therein set forth. Given under my hand and notarial seal at my office in the City of Prinsburg in said County, 25th day of August 2015 L I i� is CONTRACTORS STATEMENT OF QUALIFICATIONS 1A 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 t t 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: i 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. OUALITY 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 judgment 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: ¢ RYAN DUININCK VICE PRESIDENT Contractor's General Information Organization Doing Business As Duininck, Inc. Business Address of Principle Office 4701 North Highway 377 Roanoke, TX 76262 Telephone Numbers Main Number 817-491-0946 Fax Number 817-491-9528 Web Site Address www.duininck.comhexas Form of Business (Check One) Date of Incorporation X I A Corporation A Partnership An Individual April 23, 1986 Amended A ril 1, 2009 State of Incorporation Minnesota Chief Executive Officer's Name NA President's Name Willis Duininck Vice President's Name(s) Ryan Duininck Kyle Duininck Secretary's Name Trevor Duininck Treasurer's Name Date of Organization Curtis Duininck NA State whether partnership is general or limited Name NA Business Address Average Number of Current Full Time 125 Em to ees Average Estimate of Revenue for ffi52 Million the Current Year 2 Contractor's Organizational Experience Organization Doing Business As Duininck, Inc. Business Address of Regional Office 4701 North Highway 377 P.O. Box 735 Roanoke, TX 76262 Name of Regional Office Manager Barry Huizenga Telephone Numbers Main Number 817491-0946 Fax Number 817491-9528 Web Site Address www.duininck.com/texas List of names that this organization currently, has or anticipates operating under over the history of the organization, including the names of related companies presently doine business: Names of Organization From Date To Date Duininck Bros., Inc. April 23, 1986 April 1, 2009 Duininck, Inc. April 1, 2009 Current 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 30 years I As a Joint Venture Partner NA Has this or a predecessor organization ever defaulted on a project or failed to complete any NO work awarded to it? 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 NO If yes provide full details in a separate attachment. See attachment No. Has this or a predecessor organization ever been disqualified as a bidder or proposer by any NO local, state, or federal agency within the last five ears? 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 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 NO defined in the contract documents? I If yes provide full details in a separate attachment. See attachment No. I 3 i Contractor's Proposed Key Personnel Organization Doing Business As Dummck, 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 at an attachment to this description. See attachment No. See attachment No.l Organizational Philosophy Narrative Provide a brief description of the managerial structure proposed for this project and illustrate with an organizational chart. Include the title and names of proposed key personnel and alternates. Include this chart at an attachment to this description. See attachment No. See attachment No.I Organizational Philosophy Narrative 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 Alternate Candidate Project Manager David Hamilton Charley Stumm Project Superintendent Ron Alford Mike Ledford Project Safety Officer Brian Calkins Barry Huizenga Quality Control Manager Donald Lucas Johnny Routon 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 their time that will be devoted to each role. If the individual is not to be devoted solely to this project, indicate how time it to be divided between this project and their other assignments. 4 Proposed Project Managers Organization Doing Business As Mi Name of Individual Years of Experience as Project Manager Years of Experience with this organization Number of similar projects as Project Manager Number of similar projects in other positions Current Project Assignments Name of Assignment Randolph Air Force Base & Altus Air Force Base Estimating Other Reference Contact Information(listing names indicates Name Mark Carpenter Title/ Position RPR Or anization Parkhill, Smith, and Cooper Telephone 806-777-0160 E-mail me enter team- sc.com Project LPSIA Runway 8126 Phase 2 Candidate role on Concrete PavingfUnderdrain Name of Individual Years of Experience as Project Manager Years of Experience with this organization Number of similar projects as Project Manag Number of similar projects in other positions Current Project Assignments Name of Assignment LPSIA Runway 17R-35L Duininck, Inc. Charley Stumm 6 28 3 25+ Percent of Time Used for this Project Estimated Project Completion Date 40 TBD 20 Ongoing 40 Ongoing aval to contacting the names individuals as a re Name Rick Pinkerton Title/ Position RPR I Organization PSC E-mail RPinkerton team- sc.com Project Quaker from 114th to 1585 Candidate role Concrete Paving on Project Project Su rvisor David Hamilton I 26 15+ Percent of Time Used for Estimated Project this Project Completion Date 100 Oneoine Name Mark Haberer Name John Hamilton Title/ -Position Design Engineer _ Title/ Position Managing Engineer Organization Parkhill Smith Cooper ization Parkhill Smith Coo er Telephone 806473-2200 Telephone 806473-2200 E-mail MHaberer team- sc.com E-mail JHamilton team- sc.com Project LPSIA Runway 8/26 Phase II Project LPSIA Runwa 8/26 Phase II Candidate role on Project Estimator/Manager Candidate role on Project Estimator/Manager 5 Proposed Project Superintendent Proposed Project Safety Officer I3 Organization Doing Business As Duininck, Inc. ff 1^ Name of Individual Brian Calkins Years of Experience as Project Safety Officer 20 L Years of Experience with this organization 20 Number of similar projects as Safety Officer 9 Number of similar projects in other positions 25+. Current Project Assignments Name of Assignment Percent of Time Used for Estimated Project this Project Completion Date Responsible for safety on all current projects 100% full time Safety Ongoing j Reference Contact Information(listing names indicates ap roval to contacting the names individuals as a reference Name Rick Pinkerton Name Bryan Wilson ` T) Title/ Position RPR Title/ Position Lubbock Area En ineer Or anization PSC Or anization TXDOT Telephone 806-392-1866 Telephone 806-748-4496 E-mail a sc. E-mail I av Project from 114't` to FM 1585 Pro Lubbock Projects Candidate role on ..Quaker Safety Officer Candidate role Safety Officer Project on Project Name of Individual Barry Huizenga Years of Experience as Project Safety Officer 18 Years of Experience with this organization 28 Number of similar projects as Safety Officer 8 Number of similar projects in other positions 6 Current Project Assignments Name of Assignment Percent of Time Used for Estimated Project this Project Completion Date Senior Risk Management 20% Ongoing Office/Contract Manager 80% Ongoing Name Rad Manning Name Max Lewels Title/ Position Safety Director Title/ Position Account Representative Or anization Vaughn Construction ACIG Telephone ____-Organization 832418-9759 Telephone 972-702-9004 E-mail ramanning@vaughnconstruction.com E-mail Max.lewels@,acig.com I Project Insurance Safety Representative Project Insurance Account Representative I - Candidate role on Safety and Risk Management Candidate role Safety and Risk Management Project on Project � i,. I Proposed Project Quality Control Manager Organization Doing Business As Name of Individual Duininck, Inc. Donald Lucas Years of Experience as Quality Control Manager 5 Years of Experience with this organization 7 Number of similar projects as Quality Manager 5 Number of similar projects in other positions 15+ Current Project Assignments Name of Assignment Percent of Time Used for this Project Estimated Project Completion Date Bailey County US 84 Muleshoe, TX 100 Reference Contact Information(listing names indicates ap vai to contactingthe names individuals as a reference Name Rob Campbell Name Alton Moore PE Title/ Position Manager Title/ Position District Construction Engineer Organization Apex Gebscience Or anization TXDOT Telephone 940-692-3446 Telephone 940-720-7722 E-mail Project Wichita Falls Municipal Airport E-mail I Project Multiple TXDOT Projects Candidate role on Pro ect Quality Control Manager Name of Individual Years of Experience as Quality Control Manager Candidate role on Project Inspector/Lab QC Johnny Routon 8 Years of Experience with this organization 10 Number of similar projects as Quality Manager Number of similar projects in other positions 8 15+ Current Project Assignments Name of Assignment Percent of Time Used for this Project Estimated Project Completion Date LPSIA Runway 17R-35L 100 TBD Name Rick Pinkerton Name Rand Tisdale Title/ Position RPR Title/ Position Resident En ineer Or anization Parkhill Smith Cooper Organization US Arm Co of En ineers Telephone 806-392-1866 Tele hone 580-583-752I E-mail IgiWLegonAk4m- sc.com E-mail Ran e.arm .m'I Project Quaker Ave from 1141 to FM 1585 Project Altus AFB Multiple Airfield Pro'. Candidate role on Project QC (Concrete) Candidate role on Project QC 9 Contractor's Project Experience and Resources ization Doing Business As Inc. Provide a list of major projects that are currently underway, or have been completed within the last ten years on Attachment A Provide a completed Project Information form (Attachment B) for projects that have been completed in the last five ears which specifically illustrate the organizations ca abili to provide best value to the Owner for this project. Include a completed Project Information form (Attachment B) for projects which illustrate the experience of the proposed key personnel. 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: See attachment No. 2 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 Particioation Goal Provide a list of major equipment proposed for use on this pEoject. Attach Additional Information if necessary �Wili Equipment Item Primary Use on Project Own Lease No. 3 What work will the organization complete using, its own resources? Demolition, Grading, Underdrain, Grade Stabilization, Cement Treated Base, Concrete Paving, & Asphalt Paving I What work does the organization propose to subcontract on this vroiect? I Airfield Striping, Airfield Electrical, Turf, Sawing & Sealing, & Trucking 9 1- - Contractor's Subcontractors and Vendors Organization Doing Business As Duininck, Inc. Provide a list of subcontractors that will provide more than 10 percent of the work based on contract amounts Name Work to be Provided Est. Percent of Contract HUB/MWBE Firm None Provide information on the proposed key personnel, project experience and a 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. Coordinate this list with the Major Equipment Manufacturers Form located at the end of Section 4. Attach Additional Information if neces Furnish Furnish HUB/M Vendor Name Equipment / Material Provided Only and WBE Install Firm All Equipment is Owned by Duininck 10 Attachmer Current Projects and Project Completed within the last 10 Years Project Owner Lubbock Preston Smith International Airport General Description of Project: Phase Il of Runway 826 Runway Ex Qject Name CTB, Asph LPSIA Runway 8/26 Phase II ind concrete airfield pavement Project Cost $12,437,861.59 1 Date Project Completed — October, 2611 Key Project Personnel Project Manager Project Superintendent Safety Officer Quality Control Manager Name Jason Shelburne Ronald Alford Brian Calkins Reference Contact Information (listing names indicates approval to contacting the names individuals as a reference) Name Title/ Position Organization Telephone E-mail Owner James Loomis Director of Aviation LPSIA 806-775-3126 JLoomis@mylubbock.us Designer Mark Haberer Design Engineer PSC 806-473-2200 MHaberer@team-psc.cot Construction Manager Project Owner I City of Lubbock — PSIA Project Name =way 17R-35L General Description of Project: Demolition, Grading, Underdrain, Grade Stabilization, Cement Treated Base, Concrete Paving, & Asphalt Paving Airfield Strining. Airfield Electrical. Turf_ Sawing & Sealing_ & Trucking o Reference Contact Information (listing names indicates approval to contacting the names individuals as a reference) 0 Project Cost $22,066,697.00 1 Date Project Completed In Progress Key Project Personnel Project Manager Project Superintendent Safety Officer Quality Control Manager Name David Hamilton Ron Alford Brian Calkins Johnny Routon Name Title) Position Organization Telephone E-mail Owner City of Lubbock— PSIA Owner's Representative City of Lubbock 906-775-3254 Snicholson@mylubbock. Designer Mark Haberer Project Design Engineer PSC 806-473-2200 MHaberer@team-psc.cor Construction Manager Project Owner I Lubbock Economic Development Alliance Project Name I Lubbock Business Park Phase I A I Ueneral Description of Project: New Roadways for Business Park including Drainage, Subgrade, and Concrete Paving Project Cost $12,813,810.31 1 Date Project Completed I September, 2008 Key Project Personnel Project Manager Project Superintendent Safety Officer Quality Control Manager Name Jason Shelburne Alan Dvorak I Brian Calkins I Keterence Contact information (listing names indicates approval to contacting the names individuals as a reterence) Name Title/ Position Organization Telephone E-mail Owner Gary Lawrence CEO LEDA Retired Designer John Hamilton Design Engineer PSC 806473-2200 jamilton@team-psc.con Construction Manager g c N Project Owner I LPSIA — City of Lubbock Project Name LPSIA Runway 8/26 Phase II General Description of Project 105,000 CY Excavation, 145,405 CY Embankment, Underdrain, 15,000 Tons Asphalt Pavement, 38,000 SY 16"Concrete Pavement, Airfield Electrical, Lime Treated Subgrade, Markings. Project Budget and Schedule Performance Budget History Schedule Performance Amount % of Bid Amount Date Days Bid S12,212,018.49 Notice to Proceed Sept. 16, 2010 340 Change Orders Contract Substantial Completion Date at Notice to Proceed Owner Enhancements Contract Final Completion Date at Notice to Proceed October 31, 2011 Unforeseen Conditions Change Order Authorized Substantial Completion Date NA Design Issues Change Order Authorized Final Completion Date NA Total 7 Actual / Estimated Substantial Completion Date October 31, 2011 Project Manager Project Sup Safety Officer Quality Control Manager Name Jason Shelburne Ronald Alford Brian Calkins Percentage of Time Devoted to the Project 25 100 25 100 Proposed for this Project Yes Yes Yes Did Individual Start and 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 E-mail Owner James Loomis Director of Aviation LPSIA 806-775-3126 JLoomis(a},mylub ck.us Designer Mark Haberer Design Engineer PSC 806-473-2200 MHaberq team-psc.com Construction Manager Surety Derek Woodward Underwriting Consultant I CNA Sure 952-285-3415 derekwoodward(a),cnasurety.coi Number of Issues I NA Total Amount involved in Number of Issues NA Total Amount involved in Resolved I Resolved Issues Pendln Resolved Issues Attachment E ➢ Lubbock Preston Smith International Airport Runway 8/26 and Taxiway Improvements, Phase II Contract Amount: $12,437,261.59 Type of Work: Airfield Asphalt Paving, Concrete Paving, Airfield Grading, and Airfield Utilities Complete City of Lubbock, 16251311' Street, Room 204, Lubbock, TX 79401 ➢ Wichita Fails Municipal Airport, Runway 17-35 Rehabilitation, Phase 1 Contract Amount: $4,223,387.65 Type of Work: Airfield Asphalt Paving, Airfield Grading, and Airfield Sub -Course Complete City of Wichita Falls, PO Box 1431, Wichita Falls, TX 76307 ➢ Abilene Regional Airport Air Carrier Ramp Reconstruction Contract Amount: $3,087,619.88 Type of Work: Airfield Concrete Paving, Airfield Grading, and Airfield Utilities Complete City of Abilene, PO BOX 60, Abilene, TX 79604 ➢ Laredo International Airport Runway 1711-35I. Extension Contract Amount: $2,573,744.09 Type of Work: Airfield Concrete Paving Complete City of Laredo, 5512 Thomas Avenue, Laredo, TX 78043 ➢ Abilene Regional Airport Rehabilitate Taxiway C & Connectors Contract Amount: $5,150,907.50 Type of Work: Airfield Asphalt Paving, Airfield Grading, and Airfield Utilities Complete City of Abilene, PO BOX 60, Abilene, TX 79604 ➢ US Army Corp of Engineers, Tulsa District, Altus Air Force Base, Multiple Projects Contract Amount: $9,945,744.87 Type of Work: Airfield Asphalt Paving, Airfield Grading, and Airfield Utilities Complete USACE, Tulsa District, 1645 South 101" East Avenue, Tulsa, OK 74128 ➢ Wichita Falls Municipal Airport, Runway 17-35 Rehabilitation, Phase 2 Contract Amount: $4,785,631.36 Type of Work: Airfield Asphalt Paving, Airfield Grading, and Airfield Sub -Course Complete City of Wichita Falls, PO Box 1431, Wichita Falls, TX 76307 Attachment No.1 Mqft Organizational Philosophy Narrative LPSIA Runway 17R-35L Phase 2 Contract No. 12442 TEXAS Duininck Texas has prepared and submitted a proposal to construct the improvements described in the contract plans and specifications for the above -referenced project. The following is offered as a description of the management process that Duininck will use to execute the required work. Management Philosophy Duininck, Inc. executes all of its contracting and construction with a clear emphasis on placing all of knowledge and skill required to construct a project in a position of daily, and even hourly, intimate contact with the construction site. This is a crucial philosophical position because it establishes the highest probability that there will rarely be a Duininck field staff that is unable to respond immediately to the needs of a project in matters of materials, methods, craftsmanship, finance, specification conformance, public safety, or end -product suitability. The Dulninck field staff is expected to be on — site with a full-scale attentive presence. Headquarters Participation The org chart depicts a simple arrangement in regard to the role of the Duininck headquarters. Every key field staff member is supported from headquarters in a linear solid line relationship with no intermittent organizational layers. If it becomes necessary for a manager from headquarters to participate in any fashion the access to that manager is immediate and effortless. Duininck Texas deploys as a responsive field organization, and not a detached corporation. Field Staff Project Manager The Duininck Project Manager is the key client point of contact for matters pertaining to schedule, public interface, billing, administration, and project changes. The PM will remain involved with the owner's staff on at least a bi-weekly basis and be available to the project within hours. Project Superintendent The Duininck Project Superintendent is the single most prominent point of contact representing Duininck on the project. The Superintendent has the responsibility for the organization and execution of all of the daily work. The Superintendent will be on -site at all hours when work is taking place on the project. The Superintendent has full authority to represent Duininck in matters of safety, quality control, schedule, and work methods. It is a standard of the Duininck philosophy that the Project Superintendent will be trusted and valued by the client because of his candid, reliable contribution toward the success of the client's work. Attachment No.1 Trade Supervisors Dulninck Inc. provisions its self -performed trade work with skilled, scope -specific supervisors. For the Frankford project, the key item of self -performed work will be the concrete paving. Duininck will place a concrete paving superintendent on the project with experience and skill in all matters pertaining to the production and placement of high -quality concrete pavements. The concrete superintendent is Eli, responsible to oversee the materials, methods, workmen, equipment, and quality control of all aspects of the paving enterprise from the delivery of materials through the final quality of the installed roadway. The objective for the concrete superintendent is that all paving materials remain 100% specification J P p g P compliant and are installed as a roadway that is 100% conformant with planned lines, grades and ride quality. Project Controls Engineering Duininck Inc. provisions all of its projects with an experienced, qualified project controls engineer. This engineer will maintain full control over all project survey references, and ensure that all machine automation and construction methods are managed in a fashion that assures the full compliance of all constructed features with the contract plans. The project controls engineer will also be a resource to all parties in determining the measurement of pay quantities. Project Quality Control The Frankford project, like all recent City of Lubbock projects is designed to be executed under a clearly structured quality control regiment. Duininck will furnish a full-time staff member to manage all aspects of the quality control as required by the contract documents. In addition, whenever the construction scope demands more intensive testing (paving, etc.) Duininck positions scope -specific QC staff to support the work. Equipment Maintenance The Duininck approach to equipment maintenance has been refined through decades of experience as a paving contractor. All Duininck equipment maintenance personnel are established technicians that understand the equipment in the Duininck fleet and the way it must function to execute the work that Duininck routinely performs. A Duininck maintenance technician looks at a paver and envisions the pavements it will construct, not just the parts from which it is constructed. site safety The Duininck field staff is well supported by a field safety representative that is trained and experienced in civil roadway construction. Specifically, the Duininck staff will always maintain effective, careful oversight regarding the way that the traveling public impacts and is impacted by the construction ` operations. The Duininck field safety staff also provides excellent support to the field staff in matters of worker protection. ( ; Attachment No. 2 y' Project Management Approach Narrative LPSIA Runway 1711-351. Phase Two Contract No.12442 TEXAS Duininck Texas has prepared and submitted a proposal to construct the improvements described in the contract plans and specifications for the above -referenced project. The following is offered as a description of the management process that Duininck will use to execute the required work. Contract Administration Duininck, Inc. will manage the administration of this project in a joint effort between the on -site project staff and our administrative staff at our company headquarters. The on site PM will be responsible for coordinating the computation of all pay estimate quantities and contract change orders in coordination with the RPR. The headquarters staff will be responsible for executing the master contract and all subsequent subcontracts and purchase orders. The headquarters staff will also prepare all compliance documentation, including certified payroll reporting where required. Management of Subcontractors and Suppliers All subcontractors and suppliers will be scheduled and observed by the Duininck field staff. Duininck will always maintain the view that the work or products furnished to the project by other agencies will remain the full responsibility of Duininck. The timeliness, professionalism, and quality of the work and { products furnished by subs and suppliers will remain Duininck's responsibility in practice. Time Management The project will be scheduled by the PM using the most advanced version of Primavera P6. The PM will remain responsible for the execution of the project within the time parameters prescribed in the contract documents. The use of the critical path method of scheduling will allow the PM and the entire field staff to maintain a keen awareness of not only the critical schedule path, but also the non -critical items that could otherwise drift from under -awareness. Attachment No. 2 Cost Control 1f The LPSIA Runway 17R-35L Phase 2 Avenue project is a fixed unit price contract. The owner has the t latitude to manage the costs of the project through the use or omission of the work described by the plans and the unit prices. Duininck will participate in the control of costs in two ways. 5 • First, The Duininck field staff is very experienced in constructing this style of work. The field staff is expected to be attentive to the project from the owner's perspective in order to assess risks in the construction that could later prove to be an impairment to the work. The staff will coordinate carefully with the RPR to assist the owner in foreseeing a construction or design inadequacy that can be averted during construction • Second, Duininck maintains a fair posture in the execution of change orders. Duininck expects ' to be a long term provider to its clients in this region, and its posture in change pricing will reflect that. Quality Management The LPSIA Runway 17R-35L Phase 2 project is thoroughly designed with a full -spectrum of tests prescribed across the construction scopes. The Duininck team is well versed in all the required tests and anticipates the demands of each. The work will be constructed in full compliance with the specifications at all times. This will result in a project that is properly placed in conformance with the lines and grades contemplated in the plans, and is of the highest structural integrity throughout the construction features. Duininck considers the plans and specifications to be prudent for the intended product and will execute all of the construction with a high regard for them. Project Site Safety Duininck maintains effective company -wide practices in all areas of construction safety. The Duininck field staff will maintain active surveillance regarding all aspects of safety that impact the travelling public and the workers and owner's agents on the site. This will be accomplished through four key methods: • All workers and supervisors on the site will be experienced and trained in this style of work. • All traffic management plans and devices will be carefully managed to make sure that vehicular traffic on the site is carefully and safely routed. • The Duininck staff will hold weekly safety meetings in coordination with the RPR to ensure that all site personnel are advised of current plans and activities on the site. • The safety of Duininck operations is the highest priority reinforced by Duininck Senior management. Attachment No. 2 Y I Managing Changes In the event that it becomes necessary to modify the scope, sequence or methods of construction for this project, Duininck will participate within the following guidelines: • Duininck will maintain a watchfulness over the project with the perspective of the owner in r mind. If there is an opportunity to enhance the work in a fashion that benefits the owner, the i Duininck staff will clearly identify that opportunity to the RPR. • Duininck will not proceed blindly into the construction of a feature it knows to be detrimental to f the owner in regard to the intended use of the facility. ` • Duininck will participate earnestly in revising the plans and or pricing for changed features in order to optimize the change on the owner's behalf. • If a change in scope is requested by the owner, Duininck maintains a policy of clear and transparent change order pricing. There will be no mystery to the pricing and markup used in a change proposal. Managing Equipment Duininck owns and maintains a substantial fleet of equipment as listed elsewhere. Duininck maintains outstanding relationships with key equipment vendors. With these two factors combined, the Duininck field staff will always have outstanding access to equipment. Duininck is a well -established small firm with major company resources. That reality demonstrates itself greatly in the area of equipment availability and utilization. Meeting HUB/MWBE Participation Goal Duininck assigns its senior procurement staff to the function of attaining HUB/MWBE goals. The goals are attained during the initial buyout of all subcontracts and materials. Duininck typically maintains a very stable procurement practice with few changes, but if the work changes the procurement staff will execute the changes with the MWBE goals in perspective. Equipment Schedule Equipment Manufacturer Model ModelYr Description j 1 AP015 BARBER GREENE KA70 PUGMILL 1966 Twin Shaft Pugmill AP042 CB 4 BIN COLD FEED 1974 PLANT 10 4 BIN FEEDER AP060 DBI WORK TANK-30,000 GAL 1956 PLT 9 WORK TANK AP063 D81 FUEL TANK-15000 GAL 1956 BURNER FUEL TANK PLT 10 AP064 DBI ASPH TANK-30000 GAL 1959 ASPHALT WORK TANK PLT 10 AP073 No Entry FUEL TANK-1 2000 GAL 1956 PLANT 5 BURNER FUEL TANK AP094 BARBER GREENE DM 75 DRYER 1978 PLANT 5 DRYER- also see AP609 111 AP096 BARBER GREENE 1OX46 DRYER 1976 PLANT 10 DRYER AP097 No Entry No Entry 1979 PLANT 10 SCALE CONVEYOR AP108 BARBER GREENE SURGE SILO & ELEV 1983 PLANT 10 SURGE SILO AP110 BARBER GREENE SURGE SILO & ELEV 1983 PLANT 5 SURGE SILO j AP113 BARBER GREENE COLD FEED - 4 BIN 1986 PLANT 5 4 BIN FEEDER AP114 AP118 CEI FUEL TANK ASPHALT HEATING TANK FUEL TANK 1986 1986 CEI Heat Tank- (AP117 tank mounted on it) 10,000 GAL FUEL TANK Pit 9 AP127 DBI LIME (RUBBER) SILO 1992 PLANT 5 LIME SILO AP133 No Entry No Entry Sundance Hot Oil Heater AP145 DBI (2) BIN COLD FEED SY 1995 Homemade 2 Bin Feeder Pit 9 AP146 DBI (1) BIN COLD FEED SY 1995 Homemade Single Bin Fdr Pit 10 AP147 SYSTEMS EQUIPMENT PLANT CONTROL TRAILE 1995 PLANT 5 CONTROL TRAILER AP149 DBI No Entry 1996 PLANT 5 RAP CRUSHER AP150 DBI RAP CRUSHER 1996 PLANT 9 RAP CRUSHER AP151 CUSTOM WELDING & MET BAGHOUSE 1996 PLANT 5 BAGHOUSE AP162 SYSTEMS EQUIPMENT CONTROL TRAILER 1998 PLANT 10 CONTROL TRAILER AP600 DBI LAB TRAILER 2001 QC Trailer AP601 DBI LAB TRAILER 2001 QC Trailer AP603 Homemade Lime Silo 2003 Lime Silo- WENT TO MN AP604 CUSTOM WELDING & MET BAGHOUSE P-90-1296 2004 PLANT 10 BAGHOUSE AP605 CRISP INDUSTRIES FEEDER HOPPER 2005 SINGLE BIN FEEDER Pit 10 AP606 DBI LIME SILO 2005 LIME SILO SHOP BUILT Pit 10 AP608 2006 SINGL BIN FEEDER SHOP BUILT AP609 Burner 2007 UFII-135 Oil/LP burner mounted on AP094 AP610 Shop Made Shop Made 2007 Double Bin Hopper AP611 2009 2 bin feeder- shopmade APT01 DBI REBUILT AC TANK 1978 PLANT 10 STORAGE TANK APT10 DBI REBUILT AC TANK 1957 PLANT 10 WORK TANK APT14 DBI No Entry 1974 PLANT 5 AC UNLOADER APT19 DBI REBUILT AC TANK 1974 PLANT 5 STORAGE TANK APT24 Star Storage Tank 1986 10,000 STAR STORAGE TANK APT25 DBI No Entry PLANT 9 QC TRAILER APT26 DBI 12' 1992 PLT 5 QC TRAILER APT27 OBI DBI BUILT QC TRAILER 1992 PLANT 10 QC TRAILER APT29 No Entry No Entry BAG -HOUSE DISCHARGE BOX PLT9 AR087 ROADTEC SB2500 MTV 1998 1998 Roadtec MTV AR094 CATERPILLAR AP1000B PAVER 2000 2000 Cat AP1000B Paver AR097 ROADTEC SB2500 MTV 2000 2000 Roadtec MTV AR601 BROCE RJ-350 BROOM 2002 2002 Broce Broom 350 AR602 BROCE RJ-350 BROOM 2002 2002 Broce Broom AR603 BROCE CR-350 BROOM 2002 2002 Broce Broom 350 AR604 CATERPILLAR AP1000B PAVER 2002 2002 Cat AP10008 Paver AR605 CATERPILLAR AP655C PAVER 2003 2003 Cat AP555C Paver AR607 CEDARAPIDS No Entry 2003 2003 Cedarapids Pickup Machine AR609 ROSCO CHIP SPREADER 2005 Rosco Chip Spreader.... AR610 Broce RJ350 2006 Power Broom with OROPS AR611 Broce CR350 2006 Broom } AR612 Carlson Windrow Asphalt Pickup Machi 2006 Asphalt Pickup Machine AR613 Broom Broce 2006 Broce Broom J¢ AR614 Broce RJ350 2007 Broce Power Broom RJ350 AR616 CAT AP 10000 2008 Cat Paver AP 10000 { j BB057 CATERPPLLAR 140G MOTOR GRADER 1988 Cat 140G Motor Grader I1J BB062 GOMACO 9500 PLACER 1997 Gomaco 9500 Placer BB065 CATERPILLAR 140H MOTOR GRADER 1998 Cat 140H Motor Grader Equipment Schedule Equipment Manufacturer Model ModelYr Description 68067 CATERPILLAR 140H MOTOR GRADER 1999 Cat 140H Motor Grader CATERPILLAR 160H MOTOR GRADER 2000 Cat 160H Motorgrader [,,11111110 BB071 CATERPILLAR 14H MOTOR GRADER 2000 Cat 14H Motorgrader BB600 CATERPILLAR 160H MOTOR GRADER 2000 Cat 160H Motorgrader BB601 CMI TR-4503 TRIMMER 1998 CMI 4503 Trimmer 4503 BB602 CATERPILLAR 14H MOTOR GRADER 2005 Cat 14H Motorgrader BB603 John Deere 872D Motor Grader 2006 John Deere 872D Motor Grader CC108 DRESSER KOMATSU TD-25 1994 Dress Kornai dozerTD-25G CC604 Komatsu D65 EX-15 Long Track 2007 D65- EX-15 Komatsu Dozer `CC605 Komatsu D51 EX-22 2008 Komatsu dozer w/MS711 CC606 Komatsu D39EX-22 2008 Komatsu D39EX-22 Crawler Dozer CP001 VINCE HAGEN HAGANATOR CONCRETE P 1991 CONCRETE PLT 1- Main Frame CP001A Flyash Bin CP001 B Concrete Mixer CP002 VINCE HAGEN HAGANATOR CONCRETE P 2000 CONCRETE PLT2- Main Frame CP002A Flyash Bin CP002B Concrete Mixer CP003 2008 Plant 1 Mixer Rebuild CP004 2009 Concrete Plant Drum CP005 Trane RTAC200 2002 Concrete Chiller (also see TL655) CR001 CMI 350 PLACER 1988 CMI 350 BELT PLACER CRO03 GOMACO GP3000 SLIPFORM 1991 GOMACO 3000 SLIPFORM CRO04 GOMACO TC600 CUREITEXTURE M 1991 GOMACO CURE/TEXTURE (to MN 2009) CR006 CMI CURING TEXTURE MACHI 1971 CMI CUREITEXTURE CR007 GOMACO 2800 SLIPFORM PAVER 2000 GOMACO 2800 SUPFORM "RO08 Allen Engineering Co 255CD 2007 Roller Screed Model 255CD wITL650 CRO10 Allen 255TRTF 2008 Allen Screed -CRUSHER Matador Crushing Setup )DO44 JOHN DEERE 410E TRACTOR BACKHOE 2000 JOHN DEERE 410E t3D601 JOHN DEERE 41OG TRACTOR BACKHOE 2003 JOHN DEERE 41OG DD602 JOHN DEERE 41OG TRACTOR BACKHOE 2005 JOHN DEERE 41OG 'D603 John Deere 71W 2007 John Deere 710J Backhoe :)D604 John Deere 410.1 TG 2008 JD 410J Tractor/Backhoe OD605 Komatsu PC30OHD-8 2008 Komatsu Hydraulic Excavator DD606 Komatsu PC20OLC-8 2012 Komatsu Hydraulic Excavator )D607 44 loader backhoe 420EIT 2011 Caterpillar 44 Loader Backhoe )D608 Caterpillar 420EIT 2011 Calerpitlar 44 Loader Backhoe DS037 CATERPILLAR 623F SCRAPER 1994 CAT 623E DS038 CATERPILLAR 623F SCRAPER 1994 CAT 623F a )SO43 CATERPILLAR 615C SCRAPER 1993 CAT615C R _)SO44 CATERPILLAR D400 WATER WAGON 2000 CAT D400 6000 gal WATER WAGON OSO45 Noble Pan Scraper 2005 Noble 417 B Pan Scraper SG035 No Entry CONDEC 1987 SINGLE PHASE GENERA 40KW i 3G063 CATERPILLAR 3406 POWER UNIT 2000PLT 5 BAGHOUSE PWR 3406E w3G601 CATERPILLAR 3446E POWER UNIT 1999 WET WASH TAKE OFF POWER GG603.2 Dummy Generator for CP002 13G604 BALDOR 132 KW GENERATOR 2003 TRAILER MOUNTED 11605 BALDOR 100 KW GENERATOR 2003 PLT 9 SM GEN IN VAN VT610 606 BALDOR 50 KW GENERATOR 2003 GENERATOR MOUNTED ON AP114 GG607 Detroit Diesel SERIES 60 475 HP 2004 PLANT 10 BAGHOUSE POWER 3G608 Detroit Diesel SERIES 60 600kW 2004 PLANT 9 GEN IN VAN VT610 3G609 Detroit Diesel SERIES 60 475 HP 2005 PLANT 10 BAGHOUSE POWER GG610 Genset generator 2006 Crusher Genset GG611 2008 170 KW Generator 3G612 Magnum MMG80 2008 Magnum 80 Genset -3G613 Genset 350 DSE Generator on VT624 GG614 600RVC6DT2 2009 600 kW Genset on V7625 3IG615 Volvo/Leroy-Somer LSA49.1M6/16435E Volvo/Leroy-Somar 674 KW Gen Set in VT528 3G616 Demo Volvo Genset in VT627 GG617 MMD Airman SOG25S 2006 Generator 25 KW portable KC045 36"x25' Feeder Trap Equipment Manufacturer Model Equipment 5chedule ModelYr Description KC058 KC063 KC069 KC075 KC076 KC077 KC080 KC081 KC082 KC087 KC101 KC 104 KC600 KC601 KC602 KC603 KC604 KC605 KC606 KC607 KC608 KC609 KC610 KC611 KC612 KC613 KC614 KCT01 KKO14 KK601 KK602 KK603 KK604 KS002 KS009 KS600 KS605 KS606 KS607 KS608 KST01 KST02 KST03 LL100 LL103 LL600 LL601 LL607 LL608 LL609 LL614 LL615 LL616 LL617 LL618 LL619 LL620 LL621 LL622 MS091 MS 109 No Entry Barber Greene EXCEL EXCEL EXCEL VINCE HAGEN EXCEL DBI RADIAL STACKING CONV EXCEL GREYSTONE SUPERIOR DBI SUPERIOR Shop Made Kolberg Kolberg Excel Excel Texas crusher Eagle No Entry Feed Conveyor conveyor 30x60 STACKER CONVEY 30x60 RADIAL STACKER 3605 CONVEYOR 30X70 FEED CONVEYOR 36X60 STACKER CONVEY 36X60 STACKER CONVEY RADIAL STACKING CONY 36X80 RADIAL STACKIN 36X25 DEWATERING SCR 30x60 RADIAL STACKER DRIVEOVER TRAP 36X100 RADIAL STACKE TKO1151 TKO1150 Lattice Conveyor Radial Stacker 36x60 24"40" conveyor Ultramax UM04 Impact Shopmade KOLBERG 700EMT DE -SANDER SCR DBI SCREEN Wash Plant Chieftain Powerscreen 1400 Allis 6x20 No Entry SINGLE DECK SCREEN No Entry SINGLE DECK SCREEN No Entry SINGLE DECK SCREEN CATERPILLAR 966G LOADER CATERPILLAR 966G LOADER CATERPILLAR 966G LOADER JOHN DEERE 21 OLE BOX BLADE CATEPILLAR 966G LOADER JOHN DEERE 824J LOADER Case 570MXT John Deere 824J John Deere 824J Loader Catepillar 414E IL Catepillar 414E Box Blade Catepillar 414E Box Blade John Deere 333D John Deere 824J John Deere 824J John Deere 824K FIX GORMAN RUPP WATER PU Barnes pump 1978 DRIVE OVER TRAP 1979 36x60 Conveyor 1979 Conveyor- (repainted) for RAP 1991 STACKING CONVEYOR 30 X 60 1991 STACKING CON 30 X 60 1980 36'x 16 SMALL CONVEYOR 1995 STACKING CON 30 X 70 1995 CON PLT FEED CON 36" X 60' 1995 SHOP BUILT 36" X 60' 1998 RADIAL STACKER 30" X 80' 1999 STACKING CON 36" X 80' 1999 SAND SCREW 36" X 25' 2002 STACKING CONVEYOR 30 X 60 2002 DRIVE OVER UNLDER SHP BLT 2002 RADIAL STACK CONV 36 X 100 2006 Conveyor 2006 30" x 60" Conveyor 2006 TUNNEL CONVEYOR 2007 30" x 60' Portable Conveyor 2007 30" x 60' Portable Conveyor 1994 30" x 60' Lattice Conveyor 1995 30" x 60' Lattice Conveyor 2006 30" x 60' Radial Stacker 1996 30" x 60' Lattice Conveyor 2006 30" x 100' Radial Stacker 2008 36x60 Lattice Radial Conveyor 2008 Conveyor36x80 Shopmade conveyor w/scale Cone Crusher- MN Capitalized 2005 Texas Crusher 2008 Eagle Ultramax Crusher mnted on KK603 20D9 Shopmade RAP Fractionator (see KK602) crusher from Thrasher Screening Unit for Matador 1986 4 X 8 2 DECK BARE SCREEN 2002 PLANT 5 SHAKER SCREEN 2207 Wash Plant 2004 Powerscreen 1400 Track Screen 2008 Shopmade Screen 1993 Allis 6x20 Screen 42" X 60' SINGLE DECK SCREEN 48"X 72' SINGLE DECK SCREEN 48" X84" DOUBLE DECK SCREEN 1999 CAT loader 966G 1999 CAT loader 966 G 2000 CAT CAT 966G loader 2002 JOHN DERE 21OLE box blade 2004 CAT 966G loaderw/bucket scale 2005 JOHN DEERE 824J 2006 Case 570 MXT 2006 John Deere 824J Loader 2008 John Deere 824J Loader 2007 Cat 414E Box Blade 2007 Cat 414E Box Blade 2007 Cat 414E Box Blade 2011 Skidsteer 2007 John Deere 824J Loader 2007 John Deere 824J Loader 2010 John Deere 824K 1976 6 "Gorman Pupp Water Pu 1979 6" Peabody Barnes Pump cquipmenz acneoule Equipment Manufacturer Model ModelYr Description MS115 Peabody Barnes pump 1979 6" Peabody Barnes Pump MS158 New Rome Harrow 1986 Disc Harrow MS159 FIX ROME DISC 1986 Rhome Disc 10TAW MS 160 Gorman Rupp GORMAN RUPP 4" Pump 1986 Gorman Rupp 4" water pump MS168 Troxier TROXLER DENSITY MACH 1987 Troxtey 3241 B Density machine FIX ROME DISC 1987 Rhome Disc TRC012-36 j_,"S169 MS189 FIX SKID MOUNT FUEL TANK 1983 Fuel tank 10,000 Gal skid moun _MS198 Gorman Rupp GORMAN RUPP PUMP TRL 1988 Gorman 6x6 pump td mnt MS206 FIX DISC DWAKIT 71/2' 1989 Disc Dwakit 71/2' DK2024 MS245 Ingersoll-Rand INGERSOLL-RAND AIR C 1991 Ingers-Air compres 185cFM IMS250 FIX E-Z DRILL 1992 EZ Drill 210 'MS281 Amida AMIDA ARROWBOARD 1995 Amide Arrow Board MS285 Ames AMES PROFILOGRAPH 1995 Ames Profitograph 95B MS340 John Deere J.D. FORKLIFT 1997 John Deere fork lift 482C i MS343 FIX EZ DRILL 1997 Ez Drill MS357 Ingersoll-Rand INGERSOL - RAND COMP 1997 Ingersoll Air Compress 185CFM MS600 Remco PLOW W/H 36" DISC 2000 Remco Plow wlh 36" disc MS609 FIX ARROW BOARD - SOLAR 2001 Arrow board -solar AB0515D MS610 FIX ARROW BOARD - SOLAR 2001 Arrow Board -solar A80515D MS611 FIX ARROW BOARD - SOLAR 2001 Arrow Board -solar AB0515D 'IAS613 Miller MILLER WELDER 2001 Miller Portable welder MS615 FIX WATER PUMP 216 HRS 2001 Water Pump 64828 1MS616 FIX LUBE SYSTEM 2001 Lube Body muted on TT360 MS623 FIX WATER PUMP 2002 Water Pump 031,11GL 'MS625 Rihno RIHNO BUSHHOG 2002 Rihno Bush hog TW96 AS627 Ames 6000 2002 Ames 4 Whl mnt profiler TL610 MS628 Sullair 185 CFM AIR COMPRESS 2003 Air Compressor MS629 Wanco ARROW BOARD 2001 Arrow Board MAS630 Wanco ARROW BOARD 2001 Arrow Board MS631 Wenco ARROW BOARD 2001 Arrow Board MS632 Wanco ARROW BOARD 2001 Arrow Board Compressor AIR COMPRESSOR 2002 air compressor pit 10 [-MS633 AS634 Polaris POLARIS RANGER 2003 Polaris Ranger ,AS635 Sullair AIR COMPRESSOR 2003 Compressor 185DPQ-JD MS639 Crown ARROW BOARD 2003 Arrow Board (Solar) MS640 Crown ARROW BOARD 2003 Arrow Board AS642 FIX BUSH HOG 2003 Bush Hog t MS647 FIX GPS #3 2003 GPS #3 Laser System MS648 Kent HYDRAULIC BREAKER 2004 hydraulic Breaker KF9 TLB AS649 Ramteq EH1600-02 2004 Pressure Washer mounted on TL616 OS651 Rover Hiper FIELD SURVEY UNIT 2005 Field Survey Unit MS652 Miller MILLER WELDER 2004 Milter Welder Bobcat 250 mounted on TL629 MS653 Kohler Bobcat 250 MILLER BOBCATWELDER 2005 Miller bobcatwelder on TO 614 JIS661 Miller LGO012 2006 Welder on Nacho's truck vIS664 Manco 100G 2006 Bridge Overhang Buggy MS665 2004 Arrow Board MS666 2006 Arrow Board AS667 Dellco EM120SMH-11 MIXER 2006 MORTAR MIXER (gas engine) MS668 3000 W 2006 Generator MS669 CFM 185 2001 Air Compressor AS670 Honda 240-3041 2006 Generator 5-504 KW AS671 Ames 8200 w/TdODS lasers 2006 Profiler serial # 820706 MS672 GPS GPS 2003 GPS #6 MS673 Honda 5000W Generator 2007 5000W Honda Generator LAS674 Asphalt Joint Maker 2007 Asphalt Wedge Joint Maker AS,675 Bobcat 250 Welder 2007 Welder mounted on T0612 MS676 Fairbanks Titan Truck Scale 2007 Truck Scale 4AS677 Pro Weld 1200 Arc Welder 2007 1200 Arc Welder IAS679 man lift man lift 2000 Man lift -MS680 Water Tank Water Tank 2007 Water Tank MS681 Water Tank Water Tank 2007 Water Tank Equipment Schedule Equipment Manufacturer Modal ModelYr Description MS682 2007 Generator MS683 2006 Blower for Pig TL626 MS684 Honda Tsurumi 2007 3" Water Pump rill MS685 Hardox AR450 2007 Demolition Truck Box MS686 Boomlift 460SJ 2001 JLG 460SJ 4WD Manlift MS687 2007 Water Tank MS688 Cornell Baldor 75 HP 6NHTA 2007 2007 Cornell Pump MS689 Eyecam Si-2 2007 Radar Trailer MS690 Eyecam SI-2 2007 Radar Trailer MS691 2001 Manlift MS692 2007 Water Tank MS693 2007 Water Tank MS694 460SJ 2007 Manlift MS695 Eyecam SC07 2008 Radar Trailer MS696 Eyecam SC07 2008 Radar Trailer MS697 Jetwash 6250 2008 Power Washer 3000 psi on TL645 MS698 6R2008 2008 Handy Hitch Roller MS699 Sky Trak 10042 Telehandler 2008 Sky Trak Forklift MS700 Kawasaki 4-wheeler 2007 Kawasaki 4-Wheeter MS701 Kaeser 2008 Kaeser Air Compressor MS702 Magnum 80 Genset MS703 2963R-JLG 460SJ 2008 Manlift MS704 Honda pressure washer 2008 Pressure washer mounted on TL646 MS705 Komatsu FG25T-14 2006 Komatsu Forklift MS706 Genie GS1930 2005 Scissor Lift MS707 2011 GPS #7 MS708 2011 GPS #8 MS709 2011 GPS #9 MS710 2011 Rotating Lazer System MS711 Komatsu D51 MC^2 Komatus 2011 GPS system on CC605 MS712 Shaw Box 330675-20 Shop Overhead Crane MS713 MS714 Godwin Gehl HL50M RS642 20067 Godwin Dd-Prime HLBOM pump w/John Deere Diesel Telescopic Forklift MS715 John Deere MWI Water Pump MWI 4 in John Deere 4cyl MS716 Hammeroc Corp HR90 2012 Hydraulic Hammer MST62 GormanlRupp GORMAN/RUPP WATER PU Gorman/Rupp Water Pu 162AF3L MST65 DBI WATER TANK ON SKID 1992 Water Tank on axles MT121 Ingersoll Rand INGERSOLL RAND LIGHT 1995 1995 Ingersoll Rand Light Towe MT126 Ingersoll Rand INGERSOLL RAND LIGHT 1996 1996 Ingersoll Rand Light towe MT128 FIX SOLAR MESSAGE BOARD 1996 19% Solar Message Board MT129 Solarco SOLAR MESSAGE BOARD 1996 1996 Solar Message Board MT132 Solarco SOLAR MESSAGE PANEL 1996 1996 Solar Message Panel MT133 Solarco SOLAR MESSAGE PANEL 1996 1996 Solar Message Panel MT142 Solarco MESSAGE BOARD Message Board MT143 Solarco MESSAGE BOARD Message Board MT145 Solarco ARROW BOARD 1999 Arrow Board MT151 FIX HYDRA - HAMMER Hydra -Hammer KH88G MT154 Lavaco LAVACO BRUSH BURNER Lavaco Brush Burner 6329DF MT159 Groman Rupp GORMAN RUPP PUMP 2000 2000 Gorman Rupp Pump 53A12300 MT174 Eriez 46" MAGNET 2000 2000 Erlez 48" Magnet MT175 Sundance SUNDANCE HEATER 1993 1993 Sundance Heater Pit 9 MT179 Mida MIDA ARROW BOARD 1995 1995 Mida Arrow Board MT195 FIX ROCK RAKE FIT TD25C Rock Rake Fit TD25C MT200 FIX GRAPPLE FORKS FIT 96 Grapple Forks Fit 966 MT206 FIX BULK UNLOADING BLOWE Bulk Unloading Blower 30HP MT208 FIX SKID MOUNT FUEL TANK Skid Mt Fuel Tank/Gas Pmp1500g MT212 FIX AC LOADING PUMP AC Loading Pump MT225 MT226 FIX FIX QUINCY COMPRESSOR QUINCY COMPRESSOR Quincy Compressor PIt9 Quincy Compressor Pit 5 MT230 Miller MILLER LEGEND WELDER Miller Legend Welder 301GRS MT233 Frac FRAC TANK 2005 RED shopmade Frac Tank l Equipment Schedule 4 ,Equipment Manufacturer Model ModelYr Description MT234 Frac FRAC TANK 2D03 GREEN Frac Tank MT236 Frac FRAC TANK 2003 RED Frac tank MT240 Wanco WANCO ARROW BOARD 2003 2003 Wanco Arrow Board _MT242 Frac FRAC TANK 1996 Frac Tank con pit 1 PP005 PLANT 5 GROUPING PP010 PLANT 10 GROUPING RF017 REX 350 SHEEPSFOOT ROLLE 1988 1988 Rex Sheepfoot 3-55 - RF018 REX 350 SHEEPSFOOT ROLLE 1979 1979 Rex Sheepfoot 3-50 RF033 DYNAPAC CA251 PD 1298 1998 Dynapac Vib Compa CA251 PD RF046 REX 350 SHEEPSFOOT ROLLE 1975 1975Rex Sheepft Compactor 3-50 RF600 Catepillar RS650 MIXER 2D00 2000 Cat 650HP CMI Mixer 3412 RF601 DYNAPAC CA262PD 1999 Dynapac Vib Roller CA262PD RF603 TEREX RS600 MIXER 2D05 2005 CMI Terex RS600 Mixer F RF604 DYNAPAC CA262PD 2005 Dynapac 84" padfoot roller RF605 DYNAPAC CA362PD 2004 DYNAPAC CA362PD VIBRATORY RF606 Terex RS600C 2007 Terex RS600C Reclaimer RRO19 FERGUSON PULL -TYPE PNEUMATIC 1952 1976 Pull -Type Pneumatic RR020 FERGUSON PULL -TYPE PNEUMATIC 1952 1952 Pull -type Pneumatic RR027 TAMPO PULL -TYPE PNEUMATIC 1985 1985 Tampo Pneu PULL TYPE RR040 Miller & Smith PNR-1000 PNEUMATIC R 1970 1970 Miller PROOF ROLLER RRR600 BOMAG BW204 PNEUMATIC ROLL 2002 2002 Bomag PNUEM ROLL BW24R RR601 DYNAPAC CP271 PNEUMATIC ROLL 2D03 2003 Dynapac PNEUMA ROLL CP271 RR602 DYNAPAC CP271 PNEUMATIC ROLL 2004 2004 Dynapac PNEUMA ROLL CP271 RR603 Ingram RP915 2002 Pneumatic Roller RP915 RR604 Dynapac CP271 2004 Dynapac CP271 Pneumatic RR605 Dynapac CP271 Dynpac CP271 Pneumatic RR6D6 Dynapac CP271 2005 Dynapac CP271 Pneumatic RR607 Sakai GW750.11 2010 Sakai Rubber Roller 4S075 INGERSOLL RAND DD130 VIBRATORY ROLL 1999 1999 ingersoi DOUBL DRUM DD130 i 7S600 INGERSOLL RAND DD130 VIBRATORY ROLL 2001 2001 Ingersoll DOUBL DRUM DD130 RS602 Dynapac CC622 2D06 DOUBLE DRUM ASPHALT RS603 Dynapac CC722 2006 84" Double Drum Roller 1S605 ingersol Double Drum 2006 Ingersoll Steel Roller AS606 Dynapac CC722 2006 Double Drum Steel Roller RS607 Ingersoll-Rand DD138 2006 Double Drum Vibratory Roller :ZS608 Dynapac CC722 2007 2007 Dynapac CC722 3M005 RIVINUS RIVINUS STONE SPREAD 1987 1987 Ruinus Gravel Spread SM006 BLAW KNOW RW100 SHOULDERING MA 1987 1987 Blaw Knox BW100 SM600 BLAW KNOX TW195 SHOULDERING MA 1977 Blaw-Know BW195 fAB05 Homemade Homemade 1978 1978 AC Work Tank- Plant 5 I D273 FORD 8000 TANDEM DUMP TRU 1985 1985 Ford Tandem 8000 TD600 Peterbilt 335 T/A Dump Truck 2007 Peterbilt Dump Truck TD601 PeterbiH T/A Dump Truck 2D07 Peterbilt Dump Truck rD602 Peterbilt 335 T/A Dump Truck 2007 Peterbilt Dump Truck TL188 Coker 18' Trailer 1986 Equipment Trailer TL195 STANDARD ASPHALT TRANSPORT 1963 1963 Asphalt Tanker 6000 gal R203 UTILITY TRAILER M & R UTILITY TRAILE 1986 1986 Utility Trailer single ax - epoxy trailer fL205 LOADKING LOWBOY TRAILER 1987 1987 Load King Lowboy LK353DF L212 DBI PAVER TRAILER 1961 1961 Flatbed Trailer Pit 5 TOKEN TL220 Trailer 1988 Utility Trailer Homemade Pit 5 CU31 FRUEHAUF FRUEHAUF HI -BOY TRAI 1963 1963 Fruehauf Hi -Boy Trailer TOKEN 11-252 TRAIL KING TRAILKING LOWBOY TRA 1996 1996 Trail King Trailer TOKEN TL255 Trail King Trail King TRAILER 1996 1996 Trail King Trailer TOKEN TL255A No Entry No Entry 1996 1996 Trail King 4th Axle TOKEN 'L276 Tramas TRAMAS TANK TRAILER 1981 1981 Tramas Tank Trailer TOKEN 1283 CEMENT BULK TRAILER CEMENT BULK TRAILER 1971 1971 Fruehauf Cement Bulk gas TOKEN TL285 FRUEHAUF CEMENT BULKER 1967 1967 Fruehauf Cement Bulk(ele) TOKEN t --L294 FRUEHAUF CEMENT BULKER 1962 1962 Fruehauf Cement Bulk (ele TOKEN 1602 PTS FLAT BED UTILITY TRAILER 16' 2001 2001 Utility Trailer (Rodney) YL607 TEXAX BRAGG UTILITY TRAILER 14' 2001 Utility Trlr Danne Tool 14' TL610 F AMES ENGINEERING PROFILER TRAILER AP7 2002 Profiler Trailer- Hamilton Equipment Schedule Equipment Manufacturer Model ModelYr Description TL611 TRAILER TRAILER FOR POLARIS 2003 Polaris Trlr MS634 (Bob) TL614 GILMORE INC FUEL TANKER 1984 Fuel Tanker TL615 TRAIL KING LOWBOY 2004 Trail King Lowboy -Dee TOKEN TL619 T & T TRAILER UTILITY TRAILER 2005 Utility Trailer Core -Jill TL621 Fruehauf TN 1965 Trailer TOKEN TL623 Trailer Utility Trailer 2007 Utility Trailer TL626 VICK 2007 Cement Pig 4000 CuFt TL627 Heil Tanker 1977 Heil Fuel Tanker TL629 2007 Shopmade Trailer TL630 Apache Apache 2008 83x21 Utility Trailer TL631 DBI Single Axle Trailer 2008 83x12 Single axle 5200# lraile TL632 18' Trailer 2D08 18' Big Pipe Orange Trailer TL633 20' Pipe Trailer 2008 20' Big Pipe Orange Trailer TL634 20' Pipe Trailer 2008 20' Big Pipe Orange Trailer TL635 8306 Pipe Trailer 2008 8306 Big Pipe Orange Trailer TL636 83x16 Pipe Trailer 2008 83x16 Big Pipe Orange Trailer TL637 83x16 Pipe Trailer 2008 83x16 Pipe Trailer TL638 83x16 Pipe Trailer 2008 83x16 Big Pipe Orange Trailer TL639 83x16 Pipe Trailer 2008 83x16 Big Pipe Orange Trailer a TL640 83x16 Pipe Trailer 2008 83x16 Big Pipe Orange Trailer TL641 83x16 Pipe Trailer 2008 83x16 Big Pipe Orange Trailer TL642 APAC BGP 2009 Utility Trailers TL643 Apache Trailer 2009 Pipe Utility Trailer — TL644 Apache Trailer 2009 Pipe Utility Trailer TL645 trailer trailer 2008 Utility Trailer w/MS697 TL646 DBI trailer 2008 Utility Trailer w/MS704 TL647 2007 Frac Tank TL648 2007 Frac Tank TL649 Step Deck Trailer TL655 Fontaine EDFT68048WSAWK 2009 Fontaine T/A spread Axle Step Deck Trailer _ TLT05 FIX UTILITY VAN TRAILER 1993 Utility Van Trailer -Mike TLT08 FIX UTILITY TRAILER 1993 Utility Trailer TLT10 FIX UTILITY TRAILER 1991 Utility Trailer TLT11 FIX HAWK TRAILER (FALCON 1994 Hawk Trailer (Falcon) TLT16 FIX WATER SPRAY UNIT/TRA 1997 Water Spray Unit/Trailer TLT19 FIX UTILITY TRAILER 1999 Utility Trailer T0268 TYMCO FORD W/ TYMCO SWEEPE 1989 Ford Sweeper Truck T0305 MACK PAVER TRUCK 1995 Mack Paver Truck T0308 MACK PAVER TRUCK 1996 Mack Paver Truck T0601 FORD DISTRIBUTOR 1998 Distributor Truck T0602 INTERNATIONAL DISTRIBUTOR 7300 2002 Distributor Truck T0603 INTERNATIONAL SERVICE TRUCK 4900 1999 Service Truck T0607 INTERNATIONAL SERVICE TRUCK 1998 Intl Service Truck T0608 INTERNATIONAL SERVICE TRUCK 1999 Intl Service Truck T0609 GMC ATTENTUATOR TRUCK 1994 GMC Atlentualor Truck_ T0610 INTERNATIONAL WATER TRUCK 2000 International Water Truck T0611 PETERBILT 330 2005 Pelerbilt Mechanic Truck T0612 PETERBILT MECHANIC TRUCK 2005 Peterbiit Mechanic Truck T0613 FORD MECHANIC TRUCK 2004 Ford Mechanic Truck - T0614 FORD MECHANIC TRUCK 2005 Ford Mechanic Truck T0615 ETNYRE DISTRIBUTOR TRUCK 2004 Einyre Distdb Truck a T0617 GMC T6500 2000 CRASH CUSHION TRUCK 1 T0618 Service Truck 2007 Service Truck T0620 International Distributor Truck 20D6 Asphalt Distributor Truck TR240 ARROW ARROW FLATBED 1970 Flatbed Trailer TR313 MIDLAND BELLY DUMP TRAILER 2000 Midland Belly Dump TOKEN__ TR314 MIDLAND BELLY DUMP TRAILER 2000 Midland Belly Dump TOKEN TR315 MIDLAND BELLY DUMP TRAILER 20DO Midland Belly Dump TOKEN TR316 MIDLAND BELLY DUMP TRAILER 2000 Midland Belly Dump TOKEN TR317 MIDLAND BELLY DUMP TRAILER 2000 Midland Belly Dump - TOKEN i - TR318 MIDLAND BELLY DUMP TRAILER 2000 Midland Belly Dump - TOKEN I � f � 4 w � �4ulN"aa+aa va.nvuuJu Equipment Manufacturer Model ModelYr Description TR600 FRAC MASTER FRAC TANK TRAILER 50 1990 Frac Tank (white)- conc plt2 TR601 FRUEHAUF TRAILER WATER TANKER 1979 Trailer Water Tanker -TOKEN TR602 DBI FRAC TANK 2005 Frac Tank (white)- TR603 RED FIVER LIVE BOTTOM TRAILER 2003 Red River Live Bottom -TOKEN TR604 RED RIVER LIVE BOTTOM TRAILER 2002 Red River Live Bottom -TOKEN TR605 TRAIL KING LIVE BOTTOM TRAILER 2003 Trait King Live Bollom-TOKEN TR606 TRAIL KING LIVE BOTTOM TRAILER 2003 Trail King LiveBottom-TOKEN ;TR607 TRAIL KING LIVE BOTTOM TRAILER 2003 Trail King Live Bottom -TOKEN TR608 TRAIL KING LIVE BOTTOM TRAILER 2D03 Trail King Live Bottom -TOKEN ?R609 MIDLAND BELLY DUMP 2004 Midland Belly Dump -TOKEN TR610 MIDLAND BELLY DUMP 2004 Midland Belly Dump- TOKEN TR611 MIDLAND BELLY DUMP 2004 Midland Belly Dump- TOKEN TR612 MIDLAND BELLY DUMP 2004 Midland Belly Dump- TOKEN TR613 SHOP MADE WATER TANKER 2004 Water Tanker shop built TR614 Midland Clamshell trailer 2007 Midland Clamshell Trailer TT282 MACK RS688LST 1987 Mack Dump Truck TT297 MACK R688ST 1989 Mack Water Truck 4000 gal TT320 MACK R0688S 1992 Mack Water Truck i_ T7322 MACK RD688S 1992 Mack Water Truck TT325 MACK RD688S 1992 Mack Water Truck -TT327 MACK RD688S 1992 Mack Water Truck T7332 MACK CH613 1994 Mack Dump Truck -17333 MACK CH613 1994 Mack Water Truck TT334 MACK CH613 1994 Mack Water Truck TT378 MACK CH613 1999 Mack Water Tractor IT379 MACK CH613 1999 Mack Water Truck TT380 MACK CH613 1999 Mack Tractor TT600 MACK CH613 2001 Mack Water Tractor TT601 MACK CH613 2D01 Mack Tractor TT602 MACK CH613 2001 Mack Tractor TT603 MACK CH613 2000 Mack Lowboy Tractor TT604 MACK CH613 2003 Mack Truck 17T605 MACK CH613 2003 Mack Truck rT606 PETERBILT 2004 Pelerbilt Haul Truck- Dee TTS07 MACK CH613 2004 Mack Truck TT608 MACK CH613 2004 Mack Tractor IT609 MACK CH613 2005 Mack Tractor TT612 Pelerbilt 388 TR 2008 Peterbiit Lowboy -Keith J TT613 International 2554 TIA Cab 8 Chass 2002 Intemational 2554 TT614 Pelerbilt 388 Tri/A Truck Trac 2008 Peterbilt Tractor Chad JT032 Great Dane GREAT DANE PARTS VAN 1971 Great Dane Parts Van VTO51 Fruehauf FRUEHAUF PARTS VAN 1971 Fruehauf Parts Van TOKEN VT064 Slrick STRICK VAN TRAILER 1973 Slrick Van Trailer TOKEN •/T067 Fruehauf FRUEHAUF VAN TRAILER 1972 Fruehauf Van Trailer TOKEN fT068 Gelco GELCO OFFICE TRAILER 1990 Gelco Office Trailer VT070 Fruehauf FRUEHAUF VAN TRAILER 1974 Fruehauf Van Trailer TOKEN %IT071 Fruehauf FRUEHAUF VAN TRAILER 1974 Fruehauf Van Trailer TOKEN /T072 Fruehauf FRUEHAUF VAN TRAILER 1974 Fruehauf Van Trailer TOKEN i- JT076 Fruehauf FRUEHAUF TRAILER 1974 Fruehauf Trailer TOKEN VT078 Fruehauf FRUEHAUF VAN TRAILER 1978 Fruehauf Van Trailer Matlock MATLOCK VAN TRAILER 1972 Matlock Van Trailer TOKEN 1/T079 fT080 FIX HIGHWAY VAN TRAILER 1969 Highway Van Trailer I-V T125 Acton ACTON OFFICE TRAILER 1999 Acton Office Trailer - TEMP TAG NO TITLE VT601 Fruehauf FRUEHAUF TRAILER (NO 1977 Fruehauf Trailer /T6D6 FIX CONC PLANT CONTROL T 1986 Concrete Plant Control Trailer TOKEN f T609 Fruehauf PARTS VAN 1985 Fruehauf parts van (PLT 5) VT610 FIX VAN TRAILER 1989 Van Trailer TOKEN VT612 FIX VAN TRAILER 1996 Van Trailer IT613 Kent VAN TRAILER 1990 Van Trailer- Lab /T616 Fruehauf 48' Van Trailer 1992 48' Van Trailer VT617 Fruehauf 1992 48" Van Trailer T Equipment Manufacturer ------------ -- -,------- - ----- - -- - Model ModelYr Description Equipment Schedule VT618 Elite VT620 VT621 Trailer VT627 VTT16 Morgan VTT20 Morgan WASHER Cedar Rapids WT048 MASSEY FERGUSON WT601 JOHN DEERE CT 2007 Travel Trailer- Rodney 1979 Van Trailer- Rod's tire van Kent 1988 Kent QC-QA Lob Trailer Van Trailer w/Demo Volvo Genset MORGAN BOX VAN Morgan Box Van MORGAN BOX VAN Morgan Box Van Matador Washing Plant MF271 2000 Massey Ferguson Tractor 9400 1999 John Deere Tractor SAFETY RECORD QUESTIONNAIRE The City of Lubbock City Council desires to avail itself of the benefits of Section 252.0435 of the Local Government Code, and consider the safety records of potential contractors prior to awarding bids on City contracts. Pursuant to Section 252.0435 of the Local Government Code, City of Lubbock has adopted the following written definition and criteria for accurately determining the safety record of a bidder prior to awarding bids on City contracts. The definition and criteria for determining the safety record of a bidder for this consideration shall be: The City of Lubbock shall consider the safety record of the bidders in determining the responsibility thereof. The City may consider any incidents involving worker safety or safety of the citizens of the City of Lubbock, be it related or caused by environmental, mechanical, operational, supervision or any other cause or factor. Specifically, the City may consider, among other things: a. Complaints to, or final orders entered by, the Occupational Safety and Health Review Commission (OSHRC), against the bidder for violations of OSHA regulations within the past three (3) years. b. Citations (as defined below) from an Environmental Protection Agency (as defined below) for violations within the past five (5) years. Environmental Protection Agencies include, but are not necessarily limited to, the U.S. Army Corps of Engineers (USACOE), the U.S. Fish and Wildlife Service (USFWS), the Environmental Protection Agency (EPA), the Texas Commission on Environmental Quality (TCEQ), the Texas Natural Resource Conservation Commission (TNRCC) (predecessor to the TCEQ), the Texas Department of State Health Services (DSHS), the Texas Parks and Wildlife Department (TPWD), the Structural Pest Control Board (SPCB), agencies of local governments responsible for enforcing environmental protection or worker safety related laws or regulations, and similar regulatory agencies of other states of the United States. Citations include notices of violation, notices of enforcement, suspension/revocations of state or federal licenses or registrations, fines assessed, pending criminal complaints, indictments, or convictions, administrative orders, draft orders, final orders, and judicial final judgments. C. Convictions of a criminal offense within the past ten (10) years, which resulted from bodily harm or death. d. Any other safety related matter deemed by the City Council to be material in determining the responsibility of the bidder and his or her ability to perform the services or goods required by the bid e documents in a safe environment, both for the workers and other employees of bidder and the citizens of the City of Lubbock. In order to obtain proper information from bidders so that City of Lubbock may consider the safety records of potential contractors prior to awarding bids on City contracts, City of Lubbock requires that bidders answer the following three (3) questions and submit them with their bids: QUESTION ONE Has the bidder, or the firm, corporation, partnership, or institution represented by the bidder, or anyone acting for such firm, corporation, partnership or institution, received citations for violations of OSHA within the past three (3) Yew? YES NO —)(— If the bidder has indicated YES for question number one above, the bidder must provide to City of Lubbock, with its bid submission, the following information with respect to each such citation: Date of offense, location of establishment inspected, category of offense, final disposition of offense, if any, and penalty assessed. QUESTION TWO Has the bidder, or the firm, corporation, partnership, or institution represented by the bidder, or anyone acting for such firm, corporation, partnership or institution, received citations for violations of environmental protection laws or regulations, of any kind or type, within the past rive years? Citations include notice of violation, notice of enforcement, suspension/revocations of state or federal licenses, or registrations, fines assessed, pending criminal complaints, indictments, or convictions, administrative orders, draft orders, final orders, and judicial final judgments. YES NO if the bidder has indicated YES for question number two above, the bidder must provide to City of Lubbock, with its bid submission, the following information with respect to each such conviction: Date of offense or occurrence, location where offense occurred, type of offense, final disposition of offense, if any, and penalty assessed. QUESTION THREE Has the bidder, or the firm, corporation, partnership, or institution represented by bidder, or anyone acting for such firm, corporation, partnership, or institution, ever been convicted, within the past ten (10) years, of a criminal offense which resulted from serious bodily injury or death? YES NO If the bidder has indicated YES for question number three above, the bidder must provide to City of Lubbock, with its bid submission, the following information with respect to each such conviction: Date of offense, location where offense occurred, type of offense, final disposition of offense, in any, and penalty assessed. ACKNOWLEDGEMENT THE STATE OF TEXAS COUNTY OF LUBBOCK I certify that I have made no willful misrepresentations in this Questionnaire nor have I withheld information in my statements and answers to questions. I am aware that the information given by me in this questionnaire shall be investigated, with my full permission, and that any misrepresentations or omissions may cause my bid to be rejected. Signature Ryan Duininck Vice President Title 2 SUSPENSION AND DEBARMENT CERTIFICATION 1. Federal Law (A-102 Common Rule and OMB Circular A-110) prohibits non -Federal entities from contracting with or making sub -awards under covered transactions to parties that are suspended or debarred or whose principals are suspended or debarred. Covered transactions include procurement contracts for goods or services equal to or in excess of $50,000 and all non -procurement transactions (e.g., sub -awards to sub -recipients). Contractors receiving individual awards of $50,000 or more and all sub -recipients must certify that their organization and its principals are not suspended or debarred by a Federal agency. Before an award of $50,000 or more can be made to your firm, you must certify that your organization and its principals are not suspended or debarred by a Federal agency. I, the undersigned agent for the firm named below, certify that neither this firm nor its principals are suspended or debarred by a Federal agency. COMPANY NAME: Duininck. Inc. FEDERAL TAX ID or SOCIAL SECURITY No. 41-1552654 Signature of Company Printed name of company official signing above: Ryan Duininek, VP Date Signed: August 25, 2015 CERTIFICATION REGARDING EMPLOYEE INFORMATION REPORT EEO-1 (Standard Form 100) Section 60-1.7 (b) of the Regulations of the Secretary of Labor requires each bidder or prospective prime contractor and proposed subcontractor, where appropriate, to state in the bid or at the outset of negotiations for the contract whether it has participated in any previous contract subject to the equal opportunity clause; and if so, whether it has filed with the Joint Reporting Committee, the Director, an agency, or the former President's Committee on Equal Employment Opportunity all reports due under the applicable filing requirements. In any case in which a bidder or prospective prime contractor or proposed subcontractor which participated in a previous contract subject to Executive Order I0925, 11114, or 11246 has not filed a report due under the applicable filing documents, no contract or subcontract shall be awarded unless such contractor submits a report covering the delinquent period or such other period specified by the FAA or the Director, OFCCP. Bid Form. To effectuate the foregoing requirements, the sponsor is required to include in the bid form a statement substantially as follows: The bidder shall complete the following statement by checking the appropriate space. The bidder (proposer) has _ has not participated in a previous contract subject to the equal opportunity clause prescribed by Executive Order 10925, or Executive Order 1 1114, or Executive Order 11246. The bidder has _1 has not _submitted all compliance reports in connection with any such contract due under the applicable filing requirements; and that representations indicating submission of required compliance reports signed by proposed subcontractors will be obtained prior to award of subcontracts. If the bidder has participated in a previous contract subject to the equal opportunity clause and has not submitted compliance reports due under applicable filing requirements, the Bidder shall submit a compliance report on Standard Form 100, "Employee Information Report EEO- I" prior to the award of contract. Standard Form 100 is normally furnished contractors annually, based on a mailing list currently maintained by the Joint Reporting Committee. In the event a contractor has not received the form, he may obtain it by writing to the following address: Joint Reporting Committee 1800 G. Street Washington, DC 20506 BUY AMERICAN PREFERENCES (a) The Aviation Safety and Capacity Expansion Act of 1990 provides that preference be given to steel and manufactured products produced in the United States when funds are expended pursuant to a grant issued under the Airport Improvement Program. The following terms apply: 1. Steel and manufactured products. As used in this clause, steel and manufactured products include (1) steel produced in the United States or (2) a manufactured product produced in the United States, if the cost of its components mined, produced or manufactured in the United States exceeds 60 percent of the cost of all its components and final assembly has taken place in the United States. Components of foreign origin of the same class or kind as the products referred to in subparagraphs b. (1) or (2) shall be treated as domestic. 2. Components. As used in this clause, components means those articles, materials, and supplies incorporated directly into steel and manufactured products. 3. Cost of Components. This means the costs for production of the components, exclusive of final assembly labor cost. (b) The successful bidder will be required to assure that only domestic steel and manufactured products will be used by the Contractor, subcontractor, materialmen and suppliers in the performance of this contract, except those: 1. that the US Department of Transportation has determined, under the Aviation Safety and Capacity Expansion Act of 1990, are not produced in the United States is sufficient and reasonably available quantities and of a satisfactory quality: 2. that the US Department of Transportation has determined, under the Aviation Safety and Capacity Expansion Act of 1990, that domestic preference would be inconsistent with the public interest; or 3. that inclusion of domestic material will increase the cost of the overall project contract by more than 25 percent. BUY AMERICAN CERTIFICATE By submitting a bid under this solicitation, except for those items listed by the bidder below or on a separate and clearly identified attachment to this bid, the bidder certifies that steel and each manufactured product, are produced In the United States, as defined in the clause (Buy American — Steel and Manufactured Products for Construction Contracts) and that components of unknown origin are considered to have been produced or manufactured outside the United States. Offerors may obtain from the owners a listing of articles, materials and supplies excepted from this provision. COMPANY NAME: Duininck, Inc. FEDERAL TAX ID or SOCIAL f Signature of Company Official Printed Name of Company Official Signing above: Ryan Duininck, VP Date Signed: August 25, 2015 DAVIS-BACON CERTIFICATION OF ELIGIBILITY i I . By entering into this contract, the contractor certifies that neither it (nor he or she) nor any person or firm who has an interest in the contractor's firm is a person or firm ineligible to be awarded Government contracts by virtue of section 3 (a) of the Davis -Bacon Act or 29 CFR 5.12 (a)(1). 2. No part of this contract shall be subcontracted to any person or firm ineligible for award of a Government contract by virtue of section 3 (a) of the Davis -Bacon Act or 29 CFR 5.12 (a)(1). 3. The penalty for making false statements is prescribed in the U.S. Criminal Code, 18 U.S.C. I001. COMPANY NAME: Duininck, Inc. FEDERAL TAX ID OR SOCIAL SECURITY NO. 41-1552654 Signature or Company Official: Printed name of company official signing above: �Ryan Duininck, VP Date Signed: Auptust 25, 2015 �i LI CERTIFICATION OF NONSEGREGATED FACILITIES — 41 CFR PART 60-1.8 Notice to Prospective Federally Assisted Construction CONTRACTORS 1. A Certification of Non -segregated Facilities shall be submitted prior to the award of a federally -assisted construction contract exceeding $10,000 which is not exempt from the provisions of the Equal Opportunity Clause. 2. Contractors receiving federally -assisted construction contract awards exceeding $10,000 which are not exempt from the provisions of the Equal Opportunity Clause will be required to provide for the forwarding of the following notice to prospective subcontractors for supplies and construction contracts where the subcontracts exceed $10,000 and are not exempt from the provisions of the Equal Opportunity Clause. NOTE: The penalty for making false statements in offers is prescribed in 18 U.S.C. 1001. Notice to Prospective SUBCONTRACTORS of Requirements for Certification of Non -Segregated Facilities I. A Certification of Non -segregated Facilities shall be submitted prior to the award of a subcontract exceeding $10,000, which is not exempt from the provisions of the Equal Opportunity Clause. 2. Contractors receiving subcontract awards exceeding $10,000 which are not exempt from the provisions of the Equal Opportunity Clause will be required to provide for the forwarding of this notice to prospective subcontractors for supplies and construction contracts where the subcontracts exceed $10,000 and are not exempt from the provisions of the Equal Opportunity Clause. NOTE: The penalty for making false statements in offers is prescribed in 18 U.S.C. 1001. CERTIFICATION OF NONSEGREGATED FACILITIES The federally -assisted construction contractor certifies that she or he does not maintain or provide, for his employees, any segregated facilities at any of his establishments and that she or he does not permit his employees to perform their services at any location, under his control, where segregated facilities are maintained. The federally -assisted construction contractor certifies that she or he will not maintain or provide, for his employees, segregated facilities at any of his establishments and that she or he will not permit his employees to perform their services at any location under his control where segregated facilities are maintained. The federally -assisted construction contractor agrees that a breach of this certification is a violation of the Equal Opportunity Clause in this contract. As used in this certification, the term "segregated facilities" means any waiting rooms, work areas, restrooms, and washrooms, restaurants and other eating areas, time clocks, locker rooms, and other storage or dressing areas, parking lots, drinking fountains, recreation or entertainment areas, transportation, and housing facilities provided for employees which are segregated by explicit directives or are, in fact, segregated on the basis of race, color, religion, or national origin because of habit, local custom, or any other reason. The federally -assisted construction contractor agrees that (except where she or he has obtained identical certifications from proposed subcontractors for specific time periods) she or he will obtain identical certifications from proposed subcontractors prior to the award of subcontracts exceeding $10,000 which are not exempt from the provisions of the Equal Opportunity Clause and that she or he will retain such certifications in his files. COMPANY NAME: Duininck, Inc. FEDERAL TAX ID OR SOCIAL SECUR TY NO. 41-1552654 Signature or Company Official: Printed name of company official signing above: Ryan Duininck, VP Date Signed: August 25, 2015 TRADE RESTRICTION CLAUSE } The contractor or subcontractor, by submission of an offer and /or execution of a contract, certifies that it: E a. is not owned or controlled by one or more citizens of a foreign country included in the list of ' countries that discriminate against U.S, firms published by the Office of the United States Trade Representative (USTR); b. has not knowingly entered into any contract or subcontract for this project with a person that is a citizen or national of a foreign country on said list, or is owned or controlled directly or indirectly by one or more citizens or nationals of a foreign country on said list; C. has not procured any product nor subcontracted for the supply of any product for use on the project that is produced in a foreign country on said list. Unless the restrictions of this clause are waived by the Secretary of Transportation in accordance with 49 CFR 30.17, no contract shall be awarded to a contractor or subcontractor who is unable to certify to the above. If the contractor knowingly procures or subcontracts for the supply of any product or service of a foreign country on said list for use on the project, the Federal Aviation Administration may direct through the Sponsor cancellation of the contract at no cost to the Government. Further, the contractor agrees that, if awarded a contract resulting from this solicitation, it will incorporate this provision for certification without modification in each contract and in all lower tier subcontracts. The contractor may rely on the certification of a prospective subcontractor unless it has knowledge that the certification is erroneous. The contractor shall provide immediate written notice to the sponsor if the contractor learns that its certification or that of a subcontractor was erroneous when submitted or has become erroneous by reason of changed circumstances. The subcontractor agrees to provide written notice to the contractor if at any time it learns that its certification was enroneous by reason of changed circumstances. This certification is a material representation of fact upon which reliance was placed when making the award. If it is later determined that the contractor or subcontractor knowingly rendered an erroneous certification, the Federal Aviation Administration may direct through the Sponsor cancellation of the contract or subcontract for default at no cost to the Government. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render, in good faith, the certification required by this provision. The knowledge and information of a contractor is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. This certification concerns a matter within the jurisdiction of an agency of the United States of America and the making of a false, fictitious, or fraudulent certification may render the maker subject to prosecution under Title 18, United States Code, Section 1001. COMPANY NAME: Duininck, Inc. FEDERAL TAX ID OR SOCIAL SECUP1ITY NO. 41-1552654 Signature or Company Official: Printed name of company official signing above: Ryan Duininck, VP Date Signed: August 25, 2015 DBE CONTRACTING REQUIREMENT AND FORMS Instructions to Bidders Part A provides information about the requirement. Part B establishes the City of Lubbock's goal for DBE participation for this prime contract and provides the basis for the bidder to demonstrate how the goal will be met. DBE Utilization form — indicates if bidder intends to meet the City's DBE participation goal or not. If not, then the bidder is required to demonstrate what good faith efforts were used in setting a goal. • Bidders Iist provides a summary of all subcontractors who bid on the project. • Letter of Intent provides the required information the City needs on the proposed subcontractors that the prime proposes to use on the contract whether they are small businesses, minority owned, and women owned, or are certified DBEs t s DISADVANTAGED BUSINESS ENTERPRISE CONTRACT PROVISIONS (49 CFR PART 26) PART A i Policy. It is the policy of the Department of Transportation (DOT) that disadvantaged business enterprises as defined in 49 CFR Part 26 shall have the maximum opportunity to participate in the performance of contracts financed in whole or in part with Federal funds under this agreement. Consequently, the DBE requirements of 49 CFR Part 26 apply to this agreement. DBE Oblieation. The contractor agrees to ensure that disadvantaged business enterprises as defined in 49 CFR 26 have the maximum opportunity to participate in the performance of contracts and subcontracts financed in whole or in part with Federal funds provided under this agreement. In this regard all contractors shall take all necessary and reasonable steps in accordance with 49 CFR Part 26 to ensure that disadvantaged business enterprises have the maximum opportunity to compete for and perform contracts. Contractors shall not discriminate on the basis of race, color, national origin or sex in the award and performance of DOT -assisted contracts. Compliance. All bidders, potential contractors or subcontractors for this DOT -assisted contract are hereby notified that failure to cant' out the DOT policy and the obligation, as set forth above, shall constitute a breach of contract which may result in termination of the contract or such other remedy as deemed appropriate by the owner. Subcontract Clauses. All bidders and potential contractors hereby assure that they will include the above clauses in all subcontracts which offers further subcontracting opportunities. Prompt Payment: The prime contractor agrees to pay each subcontractor under this prime contract for satisfactoryp performance of its contract no later than 30 days from the receipt of each payment the prime contractor receives from the recipient. The prime contractor agrees further to return retainage payments to each subcontractor within 30 days after the subcontractor's work is satisfactorily completed. Any delay or postponement of payment from the above referenced time frame may occur only for good cause following written approval of the recipient. This clause applies to both DBE and non -DBE subcontractor. PART B It is further understood and agrged: The award procedure for this solicitation will include the selection criteria of 49 CFR Part 26 (i) to ensure that prime contracts are awarded to competitors that meet Disadvantaged Business Enterprise (DBE) goals. Notification is hereby given that DBE goals are established for this prime contract. The goal for firms owned and controlled by socially and economically disadvantaged individuals is 8_8 percent of the dollar value of this contract. As a matter of RESPONSIVENESS to the City's bid submittal process, each bidder shall submit, along { with their bid, the names and addresses of the DBE firms that will participate in the contract along with a description of the work to be performed by each named firm and the dollar value for each contract (subcontract), the age of the firm and the firm's annual gross receipts. if the responses do not clearly show DBE participation will meet the goals above, the bidder must provide documentation clearly demonstrating, to the satisfaction of the airport sponsor, that it made good faith efforts in attempting to do so and that meeting said goals is not reasonably possible. A bid that fails to meet these requirements will be considered non -responsive. j i In order to demonstrate how the bidder will meet the goal, bidder shall submit with the bid submittal the {k following: I. DBE Utilization form 2 Letter of Intent 3. Bidder's List Good Faith Effort. (Note: This clause is only required if contract goals are used). The following actions, by the bidder/offeror, are generally considered a sign of good faith effort. This list is not exclusive or exhaustive, but should be used as a guide in determining good faith effort. 1. Attendance at pre -bid meetings scheduled to inform DBE's of the project. 2. Advertisement in a newspaper of general circulation, trade association and minority focus media concerning subcontracting opportunities. 3. Written notice to DBE's allowing sufficient time for reply. 4. Follow up of initial solicitation. 5. Selection of portions of the work likely to be performed by DBE's. 6. Provide interested DBE's adequate information for bidding. 7. Negotiation with interested DBE's. 8. Assist interested DBE's with bonding, insurance and credit. 9. Use of minority contractors' groups and minority business assistance offices. Agreements between bidder and a DBE in which the DBE promises not to provide sub -contracting quotations to other bidders are prohibited. All bidders and proposers shall make a good faith effort to replace a DBE subcontractor that is unable to perform successfully with another DBE subcontractor. The bidder shall establish and maintain records and submit regular reports, as required, which will identify and assess progress in achieving DBE subcontract goals and other DBE affirmative action efforts. r DISADVANTAGED BUSINESS ENTERPRISE UTILIZATION 1 TTB 15-12442-TF TITTLE: Lubbock Preston Smith International Airport Runway 17R-35L Phase 11 The undersigned has satisfied the requirements of the specifications in the following manner (please check the appropriate space): ❑ The bidder is committed to minimum of (City of Lubbock's goal) 8.8% DBE utilization on this project. The bidder (if unable to meet the City's goal of 8.8% DBE) is committed to a minimum of - %DBE utilization on this project and has submitted documentation showing good faith effort. 1 o�P SAs6 6 % D Contractor Duininck, Inc. By.�,�� (Si ture) Ryan Duininck Address 4701 N. Highway 377 Vice President (Title) City: Roanoke State: TX Zip Code: 76262 Telephone (including area code): 817-491-0946 Federal Tax ID/SSN: 41-1552654 LETTER OF INTENT ITB 15-12442-TF TITLE: Lubbock Preston Smith International Airport Runway 17R-35L Phase 11 Name of Bidders' Firm: &k1 u % Pj C o 1-fe. . Bidder's Address: 001 M • jX t G is w®v 377 City: 4rx.i o ,c.E- State: —TV Zip: -7G z- `'2- Telephone (with area code): I-1 P 4` t — O 5 ylo Name of Subcontractor/DBE Firm: A S3?_,ATWE.ILS Address: 14 IN C1 tJ & wQ: %k*V City: SL- QaSfl State '"f'C Telephone (including area code): b1__,.> ;� " a -11 2 3tion of work to be A,,P%, o,,% 1 A, t,w tp q DBE firm: Zip: '-7' i q0 Bidder intends to utilize the above -named subcontractor/DBE firm for the work described above. The estimated amount of work is valued at $ 91jooa I If the above -named bidder is not determined to be the successful bidder, the Letter of intent shall he null and void. Complete and submit this form for each subcontractor you propose to use on this project: (Copy this page for each subcontractor)/DBE firm) Contractoi rDate. t 5 LETTER OF INTENT ITB 15-12442-TF TITLE: Lubbock Preston Smith International Airport Runway 17R-35L Phase 11 Name of Bidders' Firm: AI N I N C . t-ic. . Bidder's Address: 4101 nl � 377 City: YaA,J o It.-E• State: "7X Zip: i (d ?_ L -I— Telephone (with area code): TS ti — ye+ i — D 9'46 Name of Subcontractor/DBE Firm: VT`1rE�A (FN V 1 20 ri M E-4TAL 5E LW e_C-S Address. IS112 tv,00%j 1AoLLy City: Lvm6ae.V_ State 'ik zip: 71(iio I Telephone (including area code): (ir;,b1y4 I"1 D D iption of work to be DBE firm: t Bidder intends to utilize the above -named subcontractor/DBE firm for the work described above. The estimated amount of work is valued at S 15'5;4000 If the above -named bidder is not determined to be the successful bidder, the a Leger of Intent shall be null and void. Complete and submit this form for each subcontractor you propose to use on this project: (Copy this page for each subcontractor)/DBE firm) Contnuc tor: Date: LETTER OF INTENT ITR 15-12442-TF TITLE: Lubbock Preston Smith International Airaort Runway 17R-35L Phase II Name of Bidders' Firm: t�+ w N C 1z i t-je . Bidder's Address: 4101 M . 4 t to t%wo V 377 City: 7-4>A03 o ►t- is State: '7X Zip: -7 (, 7- Telephone (with area code): l" I — yet 1 r 0 9 y to Name of Subcontractor/DBE Firm: SA&W S 11ZAM-520R T Address: '7>0i N &9-aA D +r,AAY City: Nam-► 1*. eM L State 7)c Zip: -7jS6 a Telephone (including area code): SDIio- 535 - Sb3� >tion of work to be firm: MO.'s"I~' A.t.. kALA_t N1 ( Mt 1A_ t w (4 HAUL I DE--1MAD IAAvt_. Bidder intends to utilize the above -named subcontractor/DBE firm for the work described above. The estimated amount of work is valued at $ -19 S f b o 0 If the above -named bidder is not determined to be the successful bidder. the Letter of Intent shall be null and void. Complete and submit this form for each subcontractor you propose to use on thisproiect: (Copy this page for each subcontractor)/DBE firm) 2o►'s Contractor: "'�� Date:/ZS� BIDDERS LIST ITB 15-12442-TF TITLE: Lubbock Preston Smith International Airport RunwaL17R-35L Phase Il All firms bidding or quoting on subcontracts for this DOT -assisted project are listed below. Firm Name Address Certified DBE Age of GRS* (Y or N) Firm TEXas ir�v+CoNw+Es�•+TrL P.o, R.,� '3b9 AA t3M-1, Y �d�rtyp �aa4r+2uc r�v•S Q,C. gasc M /LNT+L+O, r! t 'S VTR A � � yt, C+ sJEms& wsy PASOtTX ial YE4 -SAE-' & ' T aA&jc Q, T 30-1 N . 43� ossD,�y New FA17Le A%PLPBrRT MArtx_%NtiS ftGt.14 I%60_ a,e%jt i N ^j_ + MTER N4 -R i* -A t W9 b �.agL�s4,.41y PA. I� tq 4 �v�LeL E1..c�r+ a. gSpL East ME'r5s+q� gSZ.o� b,,j LaL t W c I�-ora.e+ayc� "rx 2 w. .l�.. t✓ ct s , %-A t� A+rcF+EtA Ls4tdT/N(4 Vat tiaaSBvao 114y FDKLr Note: This form is not necessary if the recipient establishes a bidders list using another methodology (e.g., statistically I_ sound survey of firms, widely disseminated request of firms to report information to the recipient, etc.) as defined in the recipient's DBE plan. *GRS —Annual Gross Receipts Enter 1 for less than $1 million Enter 2 for more than $1 million, less than $5 million Enter 3 for more than $5 million, less than $10 million Enter 4 for more than $10 million, less than $15 million Enter 5 for more than $15 million BIDDERS LIST ITB 15-12442-TF TITLE: Lubbock Preston Smith International Airport Runway 17R-35L Phase II All firms bidding or quoting on subcontracts for this DOT -assisted project are listed below. Firm Name Address Certified DBE (Y or N) Age of Firm GRS * L, ; tw A itr- 1e&m SEVj% s XSZ,,A Wi -LtrE Do. Agars c — rea, r4Y 'Ste -0 r l Note: This form is not necessary if the recipient establishes a bidders list using another methodology (e.g., statistically sound survey of firms, widely disseminated request of firms to report information to the recipient, etc.) as defined in the recipient's DBE plan. *GRS — Annual Gross Receipts Enter 1 for less than $l million Enter 2 for more than $1 million, less than $5 million Enter 3 for more than $5 million, less than $ l0 million Enter 4 for more than $10 million, less than $15 million Enter 5 for more than $15 million The advertisement below was published in the DBE GoodFaith Minority, Women, Small, & Disabled Veteran Business Focus Journal at www.dbegoodfaith.com on 07/30/2015 03:41 PM. The ad ran from the publication date until the bid date listed on the notice. Outreach Coordinator Ryan Duininck Contact Information P.O. Box 735 Roanoke, TX 76262 Tel: (817) 491-0946 ext. Fax: (817) 491-9528 Email: RCDuininck®duininck.com Duininck, Inc. is seeking qualified DBEs Project Name Lubbock Preston Smith Airport Runway 17R-35L, Phase II Bid/Contract # ITB 15-12442-TF Awarding Agency City of Lubbock Project Location _ a...._ ......................_......,......, ....... Lubbock, Lubbock County, TX Bid Date 08/25/2015 at 02:00 Project Details Duininck, Inc. is requesting qualified DBEs and all other subcontractors and suppliers for the Rehabilitation of Runway 17R-35L, Phase 11 at the Lubbock Preston Smith International Airport in Lubbock, TX. The project involves the flowing trades: Concrete Paving, Asphalt Paving, Grading, Grade Stabilization, Joint/Crack Sealing, Pavement Demolition, Asphalt Milling, Grooving, Pavement Marking, Erosion Control, Turf Establishment, Airfield Electrical Work, and Hauling. We are an equal opportunity employer. The plans and specs are available for your review at our office. Bonds will not be required from qualified subcontractors. https://www.dbegoodfaith.com/submit—order/docs/ad_proofs.php 8/24/2015 TRADE JOURNAL AD The advertisement below was published in the DBE GoodFaith's Minority, Women, Small, & Disabled Veteran Business Trade Journal, Outreach Impact, at www.trade.dbegoodfaith.com on 07/30/2015 03:41 PM. The ad ran from the publication date until the bid date listed on the notice. Du1NINCK Outreach Coordinator Ryan Duininck Contact Information P.O. Box 735 Roanoke, TX 76262 Tel: (817) 491-0946 ext. Fax: (817) 491-9528 „ Email: RCDuininck@duininck. oom Duininck, Inc. is seeking qualified DBEs Project Name Lubbock Preston Smith Airport Runway 17R-35L, Phase 11 Bid/Contract # _ ITB 15-12442-TF Awarding Agency.....:._ .,......._......._. _. City of Lubbock Project_ Location Lubbock, Lubbock County, TX Bid Date 08/25/2015 at 02:00 Project Details Duininck, Inc. is requesting qualified DBEs and all other subcontractors and suppliers for the Rehabilitation of Runway 17R-35L, Phase II at the Lubbock Preston Smith International Airport In Lubbock, TX. The project involves the flowing trades: Concrete Paving, Asphalt Paving, Grading, Grade Stabilization, Joint/Crack Sealing, Pavement Demolition, Asphalt Milling, Grooving, Pavement Marking, Erosion Control, Turf Establishment, Airfield Electrical Work, and Hauling. We are an equal opportunity employer. The plans and specs are available for your review at our office. Bonds will not be required from qualified subcontractors. TWITTER POST The Twitter post below was published at www.twitter.com/dbegoodfaith on 07/30/2015 03:41 PM. https://www.dbegoodfaith.com/submit—order/docs/ad_proofs.php 8/24/2015 Duininck, Inc. is seeking DBEs in Lubbock dbeqoodfaith.com/ads/Lubbock-Pr... 03:07 PM - 30 Jul 2015 IN https://www.dbegoodfaith.com/submit order/docs/ad—proofs.php 8/24/2015 SOLICITATION LOG This document contains the solictations logs for this outreach effort. A & A Construction Company N a ajo re P.O. Box 202212 • Arlington, TX, 76006 Cert. #8172672757 was identified in the Texas Unified Certification Program database on 07/30/2015. Email Transmission Email Address _ Send Date & Time Delivery Status irene@aaconstructionco.com 2015.07-3015:43:58 Delivered Fax Transmission A Brothers Milling, Llc — GuaTeD t�iLasecT -- SE vstrp a-s 411 Cinecue Way • El Paso, TX, 79907 ¢o E- t✓T Cert. #9152522718 was identified in the Texas Unified Certification Program database on 07/30/2015. Email Transmission Email Address Send Date & Time Delivery Status abrothers@elp.rr.com 2015.07-3015:43:58 Delivered Fax Transmission 2nd Call Solicitation Phone Number Call Date 8. Time Spoke To _ Interested? (YesJNoJMaybe) _ (915) 252-2718 2015-08-21 10:53.42 Estimator Y Comments: Yes, will be intereted in bidding. https://www.dbegoodfaith.com/submit order/docs/solicitation log.php 8/24/2015 . . Transportation N �� TF 2300 Valley View Ln., Suite 226 - Irving, TX, 75062 Cert. #4697628063 was identified in the Texas Unified Certification Program database on 07/30/2015. Email Transmission Email Address Send Date & Time Delivery Status aea—alex@cne)dplus.com 2015-07-3015.43:58 Delivered Fax Transmission Fax Number Send Date 8. Time Tranmission Status (469) 762-8063 2015-07-3016:50:27 Successful ....... .... ........ ._........_._e._.. __.--.__...,......____._--.._..._._..___..____-------__ 1st Call Solicitation _._._r.._...___.______..-...__._ ._-__..____.-_...._.._. _._.____.. _....� a_.._..._ Phone Number Call 8 Date Time Spoke To Interested? (YeslNo/Maybe) (469) 762-8063 2015-08-10 08:35:16 No answer M Comments: May be interested, however, there was no answer to phone call. 2nd Call Solicitation Phone Number Call Date & Time Spo1. ke 1. To Interested? 11 (Yes/No/Maybe) (469) 762-8063 2015-08-21 10:54:02 No answer M Comments: May be interested, however, there was no answer to phone call. j Airfield Lighting, LIc 0, oTer, pze. _v--C-T - r4or Low o..t 8401 Jacksboro Highway Suite 200 - Fort Worth, TX, 76135 d.Uo'r6a W-214— Cert. #8172380217 was identified in the Texas Unified Certification Program database on 07/30/2015. Email Transmission Email Address Send Date & Time Delivery Status ajoirfieldfighting@gmail.com 2015-07-3015:43:58 Delivered Fax Transmission Fax Number Send Date S Time Tranmisslon Status (817) 238.0429 2015-07-3016:50:07 Successful 1 st Call Solicitation Phone Number Call Date & Time Spoke To Interested? (Yes/No/IMaybe) (817) 238-0217 2015-08-10 08:37:11 Voicemail M Comments: May be interested, left a voicemail message. 2nd Call Solicitation Phone Number Call Date S Time Spoke To Interested? (Yes/NolMaybe) (817) 238-0217 2015-08-21 10:55:50 Receptionist M Comments: May be interested, the estimator will take a look at the project and fax a quote if interested. ®a$ecom Inc. — TAoT R tADt N Li https://www.dbegoodfaith.com/submit order/docs/solicitation log.php 8/24/2015 ) P.O. Box 11395 * Fort Worth, TX, 76110 Ced. #8175890050 was identified In the Texas Unified Certification Program database on 07/30/2015. Email Transmission Email Address Send Date & Time Delivery Status ooaxaca@baseoominc.com 2015-07-30 15:43:58 Delivered Fax Transmission Fax Number ... . ...... ------ Send Date & Time Tranmission Status (817) 483-2609 2015-07-30 16:50:02 Successful 1st Call Solicitation Phone Number Call Date & Time Spoke To Interested? (Yes/No/Maybe) (817) 589-0050 2015-08-10 08:39:01 Receptionist N Comments: No, not interested in bidding. 2nd Call Solicitation Said not bidding during first '-call, 's"o--second - 'call not made. Breda Company, Inc. — tj*T, 'P>%1DD%0(j 6830 North Eldridge Parkway, Suite 505 e Houston, TX, 77041 Cert. #7139379270 was Identified in the Texas Unified Certification Program database on 07130/2015. Email Transmission Email Address Send Date & Time Delivery Status bredacompany@gmail.com 2015-07-3015:43:58 Delivered Fax Transmission Fax Number Send Date & Time Tranmission Status (713) 937-6732 2015-07-30 16:50:09 Successful 1 st Call Solicitation Phone Number Call Date 8 Time Spoke To Interested? (Yes/No/Maybe (713) 937-9270 2015-08-10 08:39:25 Receptionist N Comments: No, not interested In bidding. 2nd Call Solicitation Said not bidding during first call, so second call not made. Bright Star Electric, I-Ic - w. &u. -, c- 6201 Mcpherson Rd., No. 3 - Laredo, TX, 78045 Cert. #9562424842 was identified in the Texas Unified Certification Program database on 07/30/2015. Email Transmission Email Address Send Date & Time Delivery Status bdghtstarelec@ati.net 2015-07-3015:43:58 Delivered hVs://www.dbegoodfaith.com/submit ordeddocshoficitation—log.php 8/24/2015 Fax Transmission Fax Number Send Date & Time Tranmission Status (956) 242-4842 2015.07-30 16:51:47 Failed 1 st Call Solicitation 1-J Phone Number Call Date & Time Spoke To� m AW0.Interested? (Yes/No/Maybe) (956) 242-4842 2015-08-10 08:41:34 Voicemail M Comments: May be interested, left a voicemail message. 2nd Call Solicitation _ F Phone Number Call Date & Time Spoke To Interested? (Yes/No/Maybe) (956) 242-4842 2015-08-21 10:57:07 Voicemail M Comments: May be interested, left a voicemail with all the project details. Castec Construction Llc -- rN6T % , Do, w y 2440 Texas Parkway Ste#213d - Missouri City, TX, 77489 Cert. #7135881651 was identified in the Texas Unified Certification Program database on 07/30/2015. Email Transmission Email Address Send Date & Time Delivery Status bobaretin@yahoo.com 2015-07-3015:43:58 Delivered Fax Transmission Fax Number Send Date & Time Tranmission Status (866) 491-0384 2015.07-3016:50:01 Successful 1st Call Solicitation Credence Builder Inc N.- 18333 Preston Road, Suite 205 - Dallas, TX, 75252 Cert. #2148844253 was identified in the Texas Unified Certification Program database on 07/30/2015. __--------- Email Transmission. Email Address Send Date & Time Delivery Status sahmed@ieawodd.com 2015-07 3015 43 58 Delivered _.,...... v. _ .. _ ......... .................. Fax Transmission 1 Fax Number Send Date & Timef Tranmission Status (214) 884-4258 2015-07-3016:50:08 Successful �.. 1st Call Solicitation 1 https://www.dbegoodfaith.com/submit order/docs/solicitation log.php 8/24/2015 __ . _ ._ 1 l Phone Number Call Date & Time Spoke To Interested? (Yes/NolMaybe) (214) 884-0253 2015-08-10 08:46:28 Receptionist M Comments: May be interested, resent mail upon request. 2nd Call Solicitation Phone Number Call Date S Tlme Spoke To Interested? (Yes/No/Maybe) (214) 884A253 2015-08-21 10:58:37 Voicemail M Comments: May be interested, left a voicemail with all the project details. Cutreil Trucking Company, Inc. Nor 11�. c>oi NL, 2900 Arnot Road - Amarillo, TX, 79159 Cert. #8063597184 was identified in the Texas Unified Certification Program database on 07/30/2015. Email Transmission Email Address Send Date & Time Delivery Status DESHONGCHUGES.NET 2015-07-3015:43:58 Bounced Fax Transmission _..... ...... .. ...___ _______ ____ _....._. _ w ._._.___ _.__ _. __ __ _. .... _._ ___.._.____._.._._ .__ _._.__.____a__..._ Fax Number Send Date & Time Tranmission Status (806) 358-4200 2015-07-30 16:51:53 Failed 1 st Call Solicitation Phone Number Call Date S Time Spoke To Interested? (Yes1No/Maybe) (806) 359-7184 2015-08-10 08:48:37 Receptionist N Comments: No, not interested in bidding. 2nd Call Solicitation _.. 'o'nd ..._____.___..�..............._.�.,..- Said notmbkiding during._..._fi.rst__. call,, so seconcall not made. Dickey Landscape Contractors, Inc - r4p,r Slop #aLk 360 Diamond Bar Trall - Aledo, TX, 76008 Cori. #8172441422 was identified in the Texas Unified Certification Program database on 07/30/2015. Email Transmission Email Address Send Date & Time Delivery Status dlandscape@sbcglobal.net 2015-07-3015:43:58 Delivered Fax Transmission Fax Number Send Date & Time Tranmission Status (817) 244-5497 2015-07-3016:51:17 Failed 1 st Coil Solicitation Phone Number Call Date S Time Spoke To Interested? (Yes/No/Maybe) (817) 244-1422 2015.08-10 08:50:23 Receptionist N Comments: No, not interested in bidding. https://www.dbegoodfaith.com/submit order/docs/solicitation log.php 8/24/2015 Email Transmission Email Address Send Date & Time Delivery Status pkamami@yahoo.com 2015-07-30 15:43:58 Delivered Fax Transmission Fax Number Send Date & Time Tranmission Status (972) 722-6749 2015-07-30 16:51:32 Failed 1 st Call Solicitation Phone Number Call Date & Time Spoke To Interested? (Yes/No/Maybe) (214) 405-3791 2015-08-10 08:56:45 No answer M Comments: May be interested, however, we were unable to connect call. 2nd Call Solicitation Phone Number Call Date & Time Spoke To Interested? (YesiNo/Maybe) (214) 405-3791 2015-08-21 10:54:45 No answer M Comments. May be interested, however, we were unable to connect call. Highway Barricades And Services, Lic — Wair go aa,?jtj 7775 Leopard Street - Corpus Christi, TX, 78409 Cert. #3618836300 was identified in the Texas Unified Certification Program database on 07/30/2015. Email Transmission Email Address Send Date & Time Delivery Status ajohnson@hbstexas.com 2015-07-30 15:43,58 Delivered Fax Transmission Fax Number Send Date & Time Tranmission Status (361) 883-6301 2015-07-3016:50:12 Successful 1st Call Solicitation Phone Number- Call Date & Time I Spoke I T I o 11 Interested? 1 I I (Yes/No/Maybe)I I I I (361) 883-6300 2015-08-10 08:59:04 Estimator N Comments: No. not Interested in bidding. Too far. 2nd Call Solicitation Said not bidding during first call, so second call not made. Indus Construction, Lp —,r,6-r 6060 Brookglen Drive, Suite A - Houston, TX, 77017 Cert, #7134541148 was identified in the Texas Unified Certification Program database on 07/30/2015. Email Transmission - ---------- ---- - Email Address Send Date & Time Delivery Status grnemon@sboglobal.net 2015-07-30 15:43:58 Delivered Fax Transmission https://www.dbegoodfaith.com/submit order/docs/solicitation log.php 8/24/2015 ---------- ''­­"'­-­-" - --- --- Fax Number Send- ' Data iTime - T_ r,a n m I ss" I o' n S, t, a t,u s-- (713) 454-1291 2015-07-3016:50:20 Successful 1 st Call Solicitation Oho ... n'e - - Number Call Date '&- T , Ime Sp , oke , To Interested?, - - (Yee/No/Maybe) - , ­­ --------- (713) 454-1148 2015-08-10 09:00:43 Estimator N Comments: No, not interested in bidding. 2nd Call Solicitation Said not bidding during first call, so second call not made. Insta Turf v4 z, t)Lv o-r- e 4233 St Anthony Road * San Angelo, TX, 76905 Cert. #3256517631 was identified in the Texas Unified Certification Program database on 07/30/2015. Email Transmission Email Address Send Date &Time Delivery Status cladce.wilde@wbcs.net 2015-07-30 15:43:58 Delivered Fax Transmission Fax Number Send Date &T Im a Tr anmission S tatus (325) 651-5191 2015-07-30 16:50:19 Successful 1st Call Solicitation Phone Number Call Date & Time Spoke To Interested? (Yes/No/Maybe) (325) 651-7631 2015-08-10 09:02:12 Voicemail M Comments: May be interested, left a volcemall message. ----------- 2nd Call Solicitation Phone Number Call Da to & Time ~ ^ Spok e To Interestedat ed ? Y e s/No/M aybe (325) 651-7631 2015-08-21 11:02:10 Voicemall M Comments: May be interested, left a voicemail with all the project details. Jb Asphalt Paving & Grading Llc N. Qv%-rE 13110 W. Hwy 290, Ste. 304 - Austin, TX, 78737 Cert. #5122881593 was identified In the Texas Unified Certification Program database on 07/3012015. Email Transmission ---- ------- Email Address Send Data & Time Delivery Status norma@jbasphallandgrading.00m 2015-07-30 15:43:58 Delivered Fax Transmission . ......... Fax Number Send Date & Time Tranmission Status (512) 288-1560 2016-07-3016:52:12 Failed 1st Call Solicitation Phone Number -Call Date& Time Spoke To Interested? (Yes/No/Maybe) https://www.dbegoodfaith.com/submit—order/docs/solicitation—log.php 8/24/2015 (512) 288-1593 2015-08-10 09:04:09 No answer M Comments: May be interested, however, we were unable to connect call. 2nd Call Solicitation Phone Number Call Date & Time Spoke To Interested? (Yes/No/Maybe) (512) 288-1593 2015-08-21 11:02:49 No answer M Comments: May be interested, however, we were unable to connect call. Jnd Construction Consultants Lic K, qu-wrir, 16404 White Rock Blvd - Keller, TX, 76428 Cert. #4692369215 was identified in the Texas Unified Certification Program database on 07/30/2015. Email Transmission Email Address Send Date & Time Delivery Status diaz.damell@gmaii.com 2015-07-3015:43:58 Delivered Fax Transmission ------- --- - - Fax Number Send Date & Time Tranmission Status No Fax Number n/a n/a 1st Call Solicitation Phone Number Call Date & Time Spoke To Interested? (Yes/No/Maybe) (469) 236-9215 2015-08-10 09:06:15 Voicemail M Comments: May be Interested, left a voicemall message. 2nd Call Solicitation Phone Number Call Date & Time Spoke To Interested? (Yes/No/Maybe) (469) 236-9215 2015-08-21 11:03:03 Volcernall M Comments: May be interested, left a volcernall with all the project details, L L Bros, Llc %*-.s - 0,,i -T-z 1201 French Ave * Odessa, TX, 79761 Cert. #4323326458 was Identified in the Texas Unified Certification Program database on 07/3012015. -------- ------- --- - Email Transmission Email Address Send Date & Time Delivery Status alozanolico@hotmaii.com 2015-07-30 15:43:58 Bounced Fax Transmission Fax Number Send Date & Time Trimmission Status (432) 332-1850 2015-07-30 17:55:55 Failed 1st Call Solicitation Phone Number Call Date & Time Spoke To Interested? (Yes/No/Maybe) (432) 332-6458 2015-08-10 09:06:46 Voicemail M Comments: May be Interested, left a voicemail message. https://www.dbegoodfaith.com/submit—order/docs/solicitation—log.php 8/24/2015 2nd Call Solicitation ............ .... Phone Number Call Date & Time Spoke To Interested? (YesiNo/Maybe) (432) 332-6458 2015-08-21 11:04:36 Recepflonist M Comments: May be interested, the estimator will take a look at the project and fax a quote if interested. Lou's Construction Company Inc. — r4ar R1%V)M%W(j 6806 Poppy St - Houston, TX, 77092 Cert. #7139398771 was identified In the Texas Unified Certification Program database on 07/30/2015. Email Transmission Email Address luvin@sbcglobal.net Fax Transmission Fax Number (713) 939-8153 Send Date & Time Delivery Status 2015-07-30 15:43:58 Delivered Send Date & Time Tranmission Status 2015-07-3016.50:17 Successful 1st Call Solicitation �Phone Number � � Cail Date 8 time �� f�� Spoke To � � � � Interested? {YeslNolMaybe) � (713) 939-8771 2015-08-10 09:08:26 Receptionist N Comments: No, not interested in bidding. 2nd Call Solicitation Said not bidding during first call, so second call not made. M & M Striping And Power Washing, Lic (4. 6630 Fm 78 - San Antonio, TX, 78244 Cert. #2109797912 was identified In the Texas Unified Certification Program database on 07/30/2015. Email Transmission Email Address Send Date & Time Delivery Status info@mmspwservices.corn 201"7-30 15:43:58 Delivered Fax Transmission — -------- - ------ Fax Number Send Date & Time Tranmission Status (210) 465-7912 2015-07-30 16:50:19 Successful I st Call Solicitation Phone Number Call Date 8 Time Spoke To Interested? (YeslNolMaybe) (210) 979-7912 2015-08-10 09:09:54 Estimator M Comments: May be interested, resent mail upon request. 2nd Call Solicitation Phone Number Cal! Date —&Time Spoke To interested? (Yes/NolMaybe) (210) 979-7912 2015-08-21 11:04:56 Estimator M Comments: May be interested, the estimator will take a look at the project and fax a quote if interested. hqs://www.dbegoodfaith.com/submit—order/docs/solicitation—log.php 8/24/2015 Michael Fitch N3 4728 Sterling Trace Circle- Ft Worth, TX, 76244 Cert. #9033310039 was identified in the Texas Unified Certification Program database on 07/3012015. _..... _.... __.._.._..__v _._._. Email Transmission .. Email Address Send Date & Time Delivery Status constructionmpe@gmail.com 2015-07-3015:43:58 Delivered Fax Transmission Fax Number Send Date S Time Tranmission Status No Fax Number n/a n/a Comments: May be interested, however, there was no answer to phone call. 2nd Call Solicitation Phone Number Call Date & Time Spoke To Interested? (Yes/No/Maybe) (903) 331-0039 2015-08-21 11:05:28 No answer M Comments: May be interested, however, we were unable to connect call. New World Contracting, Llc t�. ao pT-e 8500 N. Stemmons Frwy, Ste. 4045 - Dallas, TX, 75247 Cert. #2148129429 was identified in the Texas Unified Certification Program database on 07130/2015. Email Transmission Email Address Send Date & Time Delivery Status No Email Address n/a n/a Fax Transmission Fax Number - _.-Send rcDate & Time Tranmission Status (214) 812-9122 2015-07-3016:50:35 Successful 1st Call Solicitation Phone Number Call Date 8 Time "' " Spoke To ............ .. 'Inter+ested? (YeslNolMaybej ".,..'. ' (214) 812-9429 2015-08-10 09:13:43 No answer M Comments: May be interested, however, there was no answer to phone call. 2nd Call Solicitation -__. Phone Number Call Date & Time Spoke To Interested? (Yes/NoJMaybe) (214) 812-9429 2015-08-21 11:05:58 No answer M Comments: May be interested, however, there was no answer to phone call. North Texas Rebar, Llc I J https://www.dbegoodfaith.com/submit order/docs/solicitation log.php 8/24/2015 7223 Rendon Now Hope Rd. @ Fort Worth, TX, 76140 Cert. #8179298645 was identified in the Texas Unified Certification Program database on 07/30/2015. Email Transmission Email Address Send Date & Time Delivery Status danny@northtexasrebar.com 2015-07-30 15:43:58 Delivered Fax Transmission Comments: May be interested, left a voicemail message. ------- ------- --- ---- - --------- 2nd Call Solicitation Phone Number Call Date & Time Spoke To Interested? (Yes/No/Maybe) (817) 929-8645 2015-08-21 11:08:52 Voicemall M Comments: May be interested, left a voicemail with all the project details. Onyx Paving & Utility Llc 0,- 15330 Lyndon B Johnson Fwy Ste 418 * Mesquite, TX, 75150 Cert. #9722797555 was identified in the Texas Unified Certification Program database on 07130/2015, Email Transmission Email Address onyxconst@yahGo.com Fax Transmission Fax (972) 279-5333 Send Date & Time Delivery Status 2015-07-30 15:43:58 Delivered Send Date & Time Tranmission Status 2015-07-30 16:50:25 Successful 1 st Call Solicitation Phone Number 4N v Call Date 8 me Spoke To v ry Fre Interested? (Yes/No/Maybe) (972) 279-7555 2015-08-10 09:17:10 Voicamail M Comments: May be interested, left a voicemail message. 2nd Call Solicitation - - - - Phone , Number - - --—(Ye-s1-N-o1-Ma-y`b-e") ------ (972) 279-7555 2015-08-21 11:09:58 No answer M Comments: May be interested, however, there was no answer to phone call. Professional Traffic Control Lic M - bw-b T r- 3414 Yale Street - Houston, TX, 77018 Cert. #7138029004 was Identified in the Texas Unified Certification Program database on 07/30/2015. https://www.dbegoodfaith.com/submit — order/docs/solicitation—log .php 8/24/2015 -- - ------- -- L Email Transmission Email Address Se11 nd Date 11 8 Tlme Delivery Status professionaltraffic@gmaii.com 2015-07-3015:43:58 Delivered Fax Transmission Fax Number Send Date & Time Tranmission Status (713) 490-3151 2015-07-3016:50:33 Successful 1st Cali Solicitation Phon11 e Num11,11111- ber Call Date B Time Spoke To Interested? (Yes/No/Maybe) (713) 802-9004 2015-08-10 09:18:12 Estimator M Comments: May be interested, the estimator will take a look at the project and fax a quote if interested. 2nd Call Solicitation Phone Number Call Date 8 Time Spoke To .... Interested? (YesINoIMaybe) (713) 802-9004 2015-08-21 11:11:05 No answer M Comments: May be interested, however, there was no answer to phone call. Pry Services, Inc. 0, Qua rE 8314 Lemonmint Meadow Drive - Katy, TX, 77494 Cert. #2818309504 was identified in the Texas Unified Certification Program database on 07/30/2015. Email Transmission ��--Email Address Send Date & Time Delivery Status ramesh@prvservices.com 2015-07-3015:43:58 Delivered Fax Transmission Fax Number Send Date & Time Tranmission Status (281) 693-5908 2015-07-3016:50:24 Successful ist Call Solicitation 11 Phone Number Call Date 8 Time Spoke To Interested? (YesINo/Maybe) (281) 830-9504 2015-08-10 09:19:07 Bad connection M Comments: May be interested, however, there was bad connection. 2nd Call Solicitation Phone Number Call Date & Time Spoke To Interested? (Yes/No/Maybe) (281) 830-9504 2015-08-21 11:11:21 Bad connection M Comments: May be interested, however, there was bad connection. Ramon Trucking 0% Oov% 1701 Hurley Avenue • Fort Worth, TX, 76110 J___? Cert. #8178758064 was identified in the Texas Unified Certification Program database on 07/30/2015. _ Email Transmission I Email Address Send Date & Time Delivery Status t https://www.dbegoodfaith.com/submit order/docs/solicitation log.php 8/24/2015 invalidemal[Cramontrucking.com 2015-07-3015:43:58 Bounced Fax Transmission Fax Number Send Date & Time Tranmission Status No Fax Number n/a We 1 st Call Solicitation Phone Number Call Date 8 Time Spoke Ta Interested? (YesJNo/Maybe) (817) 875-8064 2015-08-10 09:20:39 Voicemail M Comments: May be interested, left a voicemail message. 2nd Call Solicitation Phone Number Call Date & Time Spoke To Interested? (Yes/No/Maybe) (817) 875-8064 2015.08-21 11:12:44 Voicemail M Comments: May be interested, left a voicemail with all the project details. Royal Traffic Sign Co. P4a Cwo-r 7209 Boggess Road • Houston, TX, 77016 Cert. #2813302139 was identified in the Texas Unified Certification Program database on 07/3012015. Email Transmission Email Address Send Date & Time Delivery Status royaltrafcsigns@att.net 2015-07-3015:43:58 Delivered Fax Transmission _......... . .......... .... ..... .......... Fax Number Send Date & Time Tranmission Status (713) 631-4711 2015-07-3016:58:44 Failed 1st Call Solicitation Phone Number Call Date & Time Spoke To Interested? (YeslNoiMaybe) (281) 330.2139 2015-08-10 09:23:58 Voicemall M Comments: May be interested, left a voicemail message. 2nd Call Solicitation Phone Number . . Cal l Date & Time Spoke To Interested? (Yes/No/Maybe) (281) 330-2139 2015.08-21 11:13:00 Voicemail M Comments: May be interested, left a voicemail whh all the project details. Rpv Construction Qio a T F 102 North Broadway Street • Rocksprings, TX, 78880 ' Cert. #8308340828 was identified in the Texas Unified Certification Program database on 07/30/2015 Email Transmission Email Address Send Da _.�_....__.____...._._._....._....._..._._.._ ba & Time Delivery Status royperez-2010@yahoo.com 2015.07-30 15.43:58 Delivered https://www.dbegoodfaith.com/submit order/docs/solicitation log.php 8/24/2015 Fax Transmission Fax Number Send Date & Time Tranmisslon Status (83D) 683-3134 2015-D7-30 16:50:41 Successful 1 st Call Solicitation ----Phone Number Call Date & Time ....... ....... - Spoke To Interested? (Yes/No/Maybe) (830) 834-0828 2015-08-10 09:24:38 Voicemail M '` Comments: May be interested, left a voicemail message. 2nd Call Solicitation Phone Number Call Date & Time Spoke To Interested? (Yes/No/Maybe) (830) 834-0828 2015-08-21 11:14:38 Voicemail M Comments: May be interested, left a voicemail with all the project details. Saenz Transport, LIc —14-c-siveD QUbT E — \O-J%L-L GE vsEb 307 N. Broadway * New Deal, TX, 79350 OrA ? 9-0 T 1p_— CT Cert. #8065355636 was identified in the Texas Unified Certification Program database on 07/30/2015. Email Transmission Email Address Send Data & Time Delivery Status JENAROSAENZ@SBCGLOBAL.NET 2015-07-30 15:43:58 Delivered Fax Transmission Fax Number Send Date & Time Tranmission Status (806) 746-6048 2015-07-30 16:50:49 Successful 1st Call Solicitation Phone' Number Call -- Date I & I Time Spoke I To Interested? I (Yes . /No I IM I ayb I e - ) (806) 535-5636 2015-08-10 09:26.01 Voicemail M Comments: May be interested, left a voicemail message. 2nd Call Solicitation 'Phone Number Ca 1 11 ­ Date I & Time I— Spoke - I - To Interested?I I 11 (Yes - /No I I M I ayb I e) ­­ (806) 535-5636 2015-08-21 11:43:33 Voicemail M Comments: May be interested, left a voicemail with all the project details. Shankle Concrete & Construction Company Oz, P.O. Box 181891 - Dallas, TX, 75218 Cert. #8173001688 was identified in the Texas Unified Certification Program database on 07/30/2015. Email Transmission Email Address Send Date & Time Delivery Status shankleconcrete@att.net 2015-07-30 15:43:58 Delivered Fax Transmission Fax ------ ----- - Fax Number Send Date & Time Tranmission Status htq)s://www.dbegoodfaith.com/submit order/docs/solicitation log.php 8/24/2015 (817) 483-8478 2015-07-30 16:52:25 Failed 1 st Call Solicitation Phone Number Call Date & Time Spoke To Interested? (Yes/No/Maybe) (817) 300-1688 2015-08-10 09:27:45 Voicemail M Comments: May be interested, left a voicemail message. 2nd Call Solicitation Pho---n--s -Number- -da'llba-tetTime Spoke , - , , To Interested? - (Yes/ - No/M aybe) (817) 300-1688 2015-08-21 11,44:39 No answer M Comments: May be Interested, however, there was no answer to phone call. Silvas Trucking, Lic Na Quo Tr-- 2609 Janice Lane - Fort Worth, TX, 76112 Cert. #8174019317 was identified In the Texas Unified Certification Program database on 07/30/2015. Email Transmission ---- -------- Email Address Send Date & Time Delivery Status silvastruckingllc@aft.net 2015-07-30 15.,43:58 Delivered Fax Transmission Fax Number Send Date & Time Tranmission Status (682) 213-2569 2015-07-30 16:50:31 Successful 1st Call Solicitation Phone 'b Interested? (Yes/No/Maybe) Number (817) 401-9317 2015-08-10 09:30:02 Voicamail M Comments: May be interested, left a voicemail message. 2nd Call Solicitation Phone Number Call Date & Time Spoke To Interested? (Yes&64a-ybi-) (817) 401-9317 2015-08-21 11:45:39 Volcemail M Comments: May be interested, left a voicemail with all the project details. Silvio Lopez Trucking N% Dw-a re 6125 Encino Rd. - Abilene, TX, 79605 Cert. #3253203384 was identified in the Texas Unified Certification Program database on 07/30/2015. ------ ------ --- Email Transmission Email Address Send Date & Time Delivery Status Ikada85@yahoo.com 2015-07-30 15:43:58 Delivered 1st Call Solicitation Phone Number Call Date & Time Spoke To Interested? (Yes/No/Maybe) (325) 320-3384 2015-08-10 09:34:07 No answer M Comments: May be interested, however, we were unable to connect call. 2nd Call Solicitation Phone Number Call Date & Time Spoke To Interested? (Yes/No/Maybe) (325) 320-3384 2015-08-21 11:45:53 No answer M Comments: May be interested, however, we were unable to connect call. Solaris Technologies, Inc. Oc. avow 1624 W Walnut Hill Lane - Irving, TX, 75038 Cert. #9728103601 was identified in the Texas Unified Certification Program database on 07/30/2015. - - - ----- --- -- - Email Transmission Email Address Send Date & Time Delivery Status kim@soladstechnologies.com 2015-07-30 15:43:58 Delivered Fax Transmission Fax Number Send Date & Time Tranmission Status (972) 721-0156 2015-07-30 17:02:35 Failed 1st Call Solicitation Phone Number Call Date & Time Spoke To Interested? (Yes/No/Maybe) (972) 810-3601 2015-08-10 09:35:04 No answer M Comments: May be interested, however, we were unable to connect call. 2nd Call Solicitation Phone e I I Number C . a 1 11 D I ate & 11 Time - Spoke S I pok I eTo --11- Interested? - - I -1 (Yes/No/Maybe) - (972) 810-3601 2015-08-21 10:56:35 No answer M Comments: May be interested, however, we were unable to connect call. Stuckey's Contract Services, L.P. No a%jo-re 30310 Charlie Lane - Magnolia, TX, 77355 Cert. #2812524727 was identified in the Texas Unified Certification Program database on 07/30/2015. Email Transmission ----- --------- - - Email Address Send Date & Time Delivery Status linda.stuckey@4stuckeys.com 2015-07-30 15:43:58 Delivered Fax Transmission Fax Number Send Date & Time T ra n rn Iss I on Status (281) 252-0517 2015-07-30 16:50:50 Successful 1st Call Solicitation Phone Number Call Date & Time Spoke To Interested? (Yes/No/Maybe) https://www.dbegoodfaith.com/submit—order/docs/solicitation—log.php 8/24/2015 (281) 2524727 2015-08-10 09:36:22 Voicemail M Comments: May be interested, left a voicemail message. 2nd Cali Solicitation Phone Number Call Date 8 Time Spoke To� -�- - Interested? (Yes/NofMaybe) mm (281) 252-4727 2015-08-21 11:47:08 Voicemail M Comments: May be interested, left a voicemail with all the project details. T-N-T Trucking k4 6 Ate, Te 5209 Sandy Point Drive - Arlington, TX, 76018 Cert. #8174676589 was identified in the Texas Unified Certification Program database on 07/30/2015. Email Transmission _.__._. ,_.._....._........_...... __..__.-_..___.___.. .....__ ....._ a .__.__._.___.------- ..............._. ..___m_._....____ __..___ ............ Email Address Send Date & Time Delivery Status srv259@aot.com 2015-07-3015:43:58 Delivered Fax Transmission - - Fax Number -� �Sand Date & Time � Tranmission Status (972) 467-6589 2015-07-30 17:58:29 Failed 1 st Call Solicitation Phone Number Call Date 8 Time Spoke To Interested? (Yes/No/Maybe) (817) 467-6589 2015-08-10 09:37:47 Voicemail M Comments: May be interested, left a voicemail message. 2nd Call Solicitation �PhaneNumber Call Date 8 Time -� �Spoke To f �Interested? (Yes/No/Maybe) '- (817) 467-6589 2015-08-21 11:47:43 Voicemail M Comments: May be interested, left a voicemail with all the project details. Texas Alternative Grasser, Inc. 4501 N. Country Ct. - Bryan, TX, 77805 Cert. #9797784620 was identified in the Texas Unified Certification Program database on 07/30/2015. Email Transmission _................ _..__.-- Email Address Send Date & Time Delivery Status crkalinec@yahoo.com 2015-07-3015:43:58 Delivered Fax Transmission Fax Number Send Data S Time Tranmmsslon Status (979) 778-4620 2015-07-30 16:56:09 Failed 1st Call Solicitation Phane Number Call Daie Time Spoke To Interested? (Yes/No/Maybe) (979) 7784620 2015-08-10 09:39:20 Receptionist M Comments: May be interested, resent mail upon request. https://www.dbegoodfaidi.com/submit order/docs/solicitation log.php 8/24/2015 2nd Call Solicitation Phone Number Call Date & Time -Spoke To --In,-t,er'es't'ed?'(Yes'/'N'-o,/M"aybe')' (979) 778-4620 2015-08-21 11:49:18 Voicamail M Comments: May be interested, left a voicemall with all the project details. Texas Barricade & Signs, Inc. — 0 o T' �1 vv % N q 1700 S.E. 22nd Ave. - Amarillo, TX, 79120 Cert. #8063721737 was identified in the Texas Unified Certification Program database on 0713012015. Email Transmission Email Address Send Date & Time Delivery Status dalanap@dyesspeterson.com 2015-07-30 15A3:58 Delivered Fax Transmission Fax Number Send Date & Time Tranmission Status (806) 372-5552 2015-07-30 16:60:41 Successful 1st Call Solicitation Phone Number Call Date & Time Spoke To Interested? (Yes/No/Maybe) (806) 372-1737 2015-08-10 09:41:38 Estimator N Comments: No, not interested in bidding. 2nd Call Solicitation Said - n ' ot " bidding during first call, - so - second calf not - made. - - Texas Environmental Management - San Antonio, Inc — Rec-ervep (.uore — vio'r 1,0%%[ a ri au o T &a Wo (t tL- 116 E. 1st Street - Justin, TX, 76247 Cert. #9406483640 was identified in the Texas Unified Certification Program database on 0713012015. Email Transmission Email Address Send Date & Time Delivery Status jprcin@texasenviro.com 2015-07-30 15A3:58 Delivered Fax Transmission Fax Number Send Date & Time Tranmission Status (940) 648-3407 2015-07-30 16:50:41 Successful --- ------- 1 st Call Solicitation Phone Number Call Date & Time Spoke To Interested? (Yes/No/Maybe) (940) 648-3640 2015-08-1009:44:16 Receptionist M Comments: May be interested, the estimator will take a look at the project and fax a quote if interested. 2nd Call Solicitation -'-'W,i:inoku- m—be'r-'----­-C'-a-1-1D­ate -& -Time Spoke To Interested? (Yes/No/Maybe) (940) 648-3640 2015-08-21 11:50:16 No answer M https://www.dbegoodfaith.com/submit-order/docs/Solicitation-log.php 8/24/2015 Comments: May be interested, however, we were unable to connect call. Transport Trust Ob Cvi-b-rs 9886 South Hwy. 287 - Rhome, TX, 76078 Cart. #8174019530 was identified in the Texas Unified Certification Program database on 07/30/2015. Email Transmission - - - ------- ----- Email Address Send Date & Time Delivery Status ortegafranksr@yahoo.com 2015-07-3015:43:58 Delivered Fax Transmission Fax Number Send Date & Time Tranmission Status (817) 887-1294 2015-07-30 16:50:59 Successful 1st Call Solicitation Phone Number Call Date & Time Spoke To (817) 401-9530 2015-08-10 09:45:41 Voicemail M Comments: May be interested, left a voicemail message. 2nd Call Solicitation Phone Number Call Date & Time Spoke To (817) 401-9530 2015-08-21 11:51:31 Voicemail M Comments: May be interested, left a voicemail with all the project details. Under Construction Inc., I,it, ay.-m Interested? (Yes/No/Maybe) Interested? (Yes/No/Maybe) 223 W. Anderson Ln Ste B505 a Austin, TX, 78762 Cart. #5129007956 was identified in the Texas Unified Certification Program database on 07/30/2015. Email Transmission Email Address Send Date & Time Delivery Status INFO@UCITEXAS.COM 2015-07-3015:43:58 Delivered Fax Transmission --- - ------ ----- -------- - ------- Fax Number Send Date & Time Tramnission Status (512) 900-7957 2015-07-3016:51,27 Successful 1 st Call Solicitation Phone Number Cali Date & Time Spoke To Interested? (Yes/No/Maybe) (512) 900-7956 2015-08-10 09:46:33 Voicemail M Comments: May be interested, left a voicemail message. 2nd Call Solicitation Phone Number 11 Date & Time Spoke To Interested? (Yes/No/Maybe) (512) 900-7956 2015-08-21 11:51:58 Volcernall M Comments: May be interested, left a voicemail with all the project details. https://www.dbegoodfaith.com/submit—order/does/Solicitation—log.pbp 8/24/2015 Universal Fence Company, Inc — iNlieT 3 vot>,tj y 3300 Rock Island Road - Irving, TX, 75060 Cert. #2144921005 was identified in the Texas Unified Certification Program database on 07/30/2015. Email Transmission Email Address Send Date & Time Delivery Status kelly@universalfencecompany.com 2015-07-3015:43:58 Delivered Fax Transmission Fax Number Send Date & Time Tranmission Status (214) 492-1324 2015-07-30 16:52:44 Failed 1 st Call Solicitation Phone Number Call Date & Time Spoke To Interested? (Yes/No/Maybe) (214) 492-1005 2015-08-10 09:48:41 Kevin N Comments: No, not interested in bidding. Too far. 2nd Cali Solicitation Said not bidding during first call, so second call not made. V-Tech Environmental Services -'fie- mveD G4jbTr: - 1510 Buddy Holly • Lubbock, TX, 79401 W tfir- S& us&j> a+.) ?9-0 'SeGq- Cert. #8057481700 was identified in the Texas Unified Certification Program database on 07/30/2015. _ ! Email Transmission Email Address Send Date 8 Time Delivery Status info@vteches.com 2015-07-3015:43:58 Delivered Fax Transmission Fax Number Send Date & Time Tranmission Status (806) 748-5012 2015-07-30 16:51:12 Successful 1st Call Solicitation Phone Number C a I I Date & Time Spoke To Interested? (Yes/No/Maybe) (806) 748-1700 2015-08-10 09:49:04 Voicemail M Comments: May be interested, left a voicemail message. 2nd Cali Solicitation Phone Number Call Date & Time Spoke To Interested? (Yes/No/Maybe)� � (806) 748-1700 2015-08-21 11:53:31 Receptionist Y Comments: Yes, will be intereted in bidding. Waters Construction Co., Inc. -- OaT '6%nr, ti i_% 32 Fm 2296 • Huntsville, TX, 77340 Cert. #9362912561 was identified In the Texas Unified Certification Program database on 07/30/2015. https://www.dbegoodfaith.com/submit order/docs/solicitation log.php 8/24/2015 Email Transmission .. .......... Email Address Send Date & Time Delivery Status watersconst@suddenlink.net 2015-07-3015:43:58 Delivered Fax Transmission Fax Number Send Date & Time Tranmisslon Status (936) 291-0667 2015-07-3016:53:44 Successful 1 st Call Solicitation Phone k4mbirll---' Call , I , 1 Time Spoke I - T I o -1-1-1-11-1-1.11 1 1 n to . r . a ste I d I ? - (Y es/NotMa . ybe) (936) 291-2561 2015Z-10 9:52:11 Receptionist N Comments: No, not interested in bidding. 2nd Call Solicitation Said not iiiii*6iii,-s-o"s--e—w,n-d,--c-,-a-l-1-,n-o,,t-,-,m--a-d--e--.---------,------,-"*"-"*"-",---,-- . ............... Webb & Bexar Construction Lic a O-q T r-- P.O. Box 440859 e Laredo, TX, 78044 Cert. #9563575926 was identified in the Texas Unified Certification Program database on 07130/2015. Email Transmission Email -kd-cfr-eis-------Send —Date &—Time �_� Delivery Status mbbyjnaldonadoQyahoo.com 2015-07-30 15:43:58 Delivered Fax Transmission Fax Number Send Date & Time Tranmission Status (956) 763-0038 2015-07-3016:52:11 Failed 1st Call Solicitation khoni----------- ------- --- Number {Yes/No/Maybe) L (956) 357-5926 2015-08-10 09:53:54 Voicemail M 1- Comments: May be interested, left a voicemail message. 2nd Call Solicitation Phone Number Call Date & Time Spoke To Interested? (Yes/No/Maybe) (956) 357-5926 2015-08-21 11:54:15 Bad connection M Comments: May be interested, however, there was bad connection. Wolfe Construction Group, Inc. No 4,jbrc- 3239 Kell Blvd., Suite 4 - Wichita Falls, TX, 76308 Cert. #5804750772 was identified in the Texas Unified Certification Program database on 07/30/2015. Email Transmission Email Address Send Date & Time Delivery Status wolfeconstructiongroup@gmail.com 2015-07-30 15:43:58 Delivered Fax Transmission https://www.dbegoodfaith.com/submit-order/docs/solicitation-log.php 8/24/2015 Fax Number Send Date & Time Tranmisslon Status (58 475-0773 2015-07-30 17:56:09 Failed 1st Call Solicitation Phone Number Cal[ Date &Time Spoke To (580) 475-0772 2015-08-10 09:55:15 Voicernail M Comments: May be interested, left a voicernail message. Interested? (Yes/No/Maybe) . . . . ......... 2nd Call Solicitation Phone on . a Number -Call biie & Time Spoke T Yaea? . e I si . N .1 oi Ma . y . b e) (580) 475-0772 2015-08-21 11:55:54 Receptionist Y Comments: Yes, will be intereted in bidding. htips://www.dbegoodfaith.com/submit—order/docs/Solicitation—log.php 8/24/2015 I I I LIST OF SUB -CONTRACTORS I I PAGE INTENTIONALLY LEFT BLANK TTB 15-12442-TF LUBBOCK PRESTON SMITH INTERNATIONAL AIRPORT RUNWAY 17R-35L PHASE II LIST OF SUB CONTRACTORS Minority Owned Company Name Location Services Provided Yes No I. 7'UrAxt- st-EC-rp4c- MEA,.Ae. AfLptEL-n E46CTatcAL ❑ 2. 1A t - L %--E. Ni R.Fi et o Svc . ADAeh,, eeeyv eR, N Y Q!�V EN1E-NT VIARY4 NIj a 3. AkM tiip Ca,3 % e 2vC1n;,9i Av-r%c q, W I Ca re FAC,A,L(P4ct ❑ at 4. pf-t%%Ap.-re 4Um,aL-� ,-rx Sa _Snw j �L- ❑ 91 5. ►J14%%-a NSAL \I-TrEarne t l-N(S;,C-%L,Tk 5wIF? P -` E-a-51on! CTyu- D 7. , g¢.a't" Et-s B- FASO , T'k (M 1l L"'l i, ❑ 8. —timc- w,a '\-ft am, y% Sao 4 56Ep 0 0 9. Sw w -& Tan,-+s 3n -, Ore ► rEAL ,71 k 1IAu \ w eti A ❑ 10. 0 0 11. D ❑ 12. ❑ ❑ 13. 0 ❑ 14. 0 ❑ 15. 0 0 16. ❑ 0 Company Duininck, Inc. 4701 N. HiRhwav 377 Address Roanoke Denton City, County Texas 76262 State Zip Code Telephone: 817 - 491-0946 Fax: a12 - 491-9528 THIS FORM SHALL BE COMPLETED AND RETURNED ALONG WITH YOUR PROPOSAL IF NO SUB -CONTRACTORS WILL BE USED PLEASE INDICATE SO PAGE INTENTIONALLY LEFT BLANK LIST OF FINAL SUB -CONTRACTORS I PAGE INTENTIONALLY LEFT BLANK 1. 2. 3. 4. 55. 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. 16. ITB 15-12442-TF LUBBOCK PRESTON SMITH INTERNATIONAL AIRPORT RUNWAY 17R-35L PHASE II FINAL LIST OF SUB CONTRACTORS Company Name Location Services Provided ik F,it.07NeRs EL Pasa# -rk MILLI w+y Atyn40 L'o-ss7'Rvtme-1 Awrou0, W 1 C-0-0-AE-re ?>Mr.AKfwl4 C�v+.al.+aar 1Nr�... CoN�HcHAc><8r+���A L�itooy�w�q 14 j . la t-@ A mr-mt-p Sy a9 . patjA r. Srr�u p l N y ' ate Ty SAW i SEAS. M�ESnTA ELE-Wra%CA. L V-n%CU 'kNv%MP'Q W%N?A1. LAOPA V. I-rX SWPV P WbLRE CON UC"O-J W144/TA, VA TY SOP f S6eq Company bvut-ic.tti tWt . 14-bi 0 MmAwAv S-n Address goo.-*V- : , if6VJTa'f City, County TExo -7 62-E.2 State Zip Code Telephone: $17 - LA I -- p 9 L-1 S. Fax: $1'7 491- 9 5 Z-1r Minority Owned Yes No 9 ❑ 13 ❑ [� ❑ 1a X ❑ to ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ D ❑ D D ❑ D THIS FORM SHALL BE COMPLETED AND RETURNED WITHIN 7 DAYS OF BID CLOSING. IF NO SUB -CONTRACTORS WILL BE USED PLEASE INDICATE SO u PAGE INTENTIONALLY LEFT BLANK ril 1 PAYMENT BOND PAGE INTENTIONALLY LEFT BLANK ACORN® CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DD/YYYY) 10/12/2015 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 ACIG Insurance Agency, Inc. 2600 N. Central Expwy. Suite 800 Richardson, TX 75080 CONTACT NAME: PHONE Ext: 972-702-9004 ac No: 972-687-0604 E-MAIL ADDRESS: accountmanagers@acig.com INSURER(S) AFFORDING COVERAGE NAIC # INSURER A: American Contractors Ins. Co. RRG 12300 www.acig.com INSURED Duininck, Inc. Duininck, Inc. Texas Division INSURER B: ACIG Insurance Company 19984 INSURERC: INSURER D : P. O. Box 735 Roanoke TX 76262 INSURERE: INSURER F : COVERAGES CERTIFICATE NUMBER: 26892985 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 rypE OF INSURANCE ADDL UBR POLICY NUMBER POLICY EFF MM/DD/YYYY POLICY EXP MM/DD/YYYY LIMITS A �/ COMMERCIAL GENERAL LIABILITY GL15A00013 6/1/2015 6/1/2016 EACH OCCURRENCE $ 5,000,000 A A GL15B00013 (GL XS) GL15C00013(GL XS) 6/1/2015 6/1/2015 6/1/2016 6/1/2016 DAMAGE TO RENTEU- PREMISES Ea occurrence $ 100,000 MED EXP (Any one person) $ 5,000 PERSONAL & ADV INJURY $ 5,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 5,000,000 POLICY JEC LOC PRODUCTS - COMP/OP AGG $ 5,000,000 $ OTHER: A AUTOMOBILE LIABILITY AL15000007 6/1/2015 6/1/2016 Ea COMBINED LIMIT $ 5,000,000 BODILY INJURY (Per person) $ ANY AUTO ALL OWNED SCHEDULED AUTOS AUTOS BODILY INJURY (Per accident) $ PROPERTY DAMAGE Per accident $ HIRED AUTOS NON -OWNED AUTOS UMBRELLA LIAB OCCUR EACH OCCURRENCE $ AGGREGATE $ EXCESS LIAB CLAIMS -MADE DIED I I RETENTION $ $ B B B B WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y / N ANY PROPRIETOR/PARTNERIEXECUTIVE OFFICER/MEMBER EXCLUDED? �N (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below N/A WCA000009815 WCA000005615 WCA000005715 WCA000016115 6/1/2015 6/1/2015 6/1/2015 6/1/2015 6/1/2016 6/1 /2016 6/1/2016 6/1/2016 �/ STATUTE ERH E.L. EACH ACCIDENT $ 1,000,000 E.L. DISEASE - EA EMPLOYEq $ 1,000,000 E.L. DISEASE - POLICY LIMIT 1 $ 1,000,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached It more space Is required) City of Lubbock, its officers, agents and employees are named as primary additional insured's on General Liability policies, with respect to ITB 15-12442-TF, Lubbock Preston Smith International Airport Runway 17R-35L, Phase II. Waiver of Subrogation in favor of the City of Lubbock on General Liability, Automobile Liability, and Workers Compensation policies. - --See Attached Remarks Schedule -I I CERTIFICATE HOLDER CANCELLATION ITB 15-12442-TF LPSIA Runway 17L-35R, PH II City of Lubbock Y SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE coo City of Lubbock Purchasing and THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN WITH Contract Management ACCORDANCE THE POLICY PROVISIONS. 1625 13th Street, Suite 204 AUTHORIZED REPRESENTATIVE /N A,j.��,�_ - —4 Lubbock TX 79401 Michael J. O'Neill 1 ACORD 25 (2014/01) 01988-2014 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD !6892985 1 DUININCK 1 15/16 GL AL WC I Barry Huizenga 1 10/12/2015 1:13:26 PM (CDT) I Page 1 of 8 AGENCY CUSTOMER ID: DUININCK LOC #: ADDITIONAL REMARKS SCHEDULE Page of AGENCY NAMED INSURED Inc. Duininck, Inc. ACIG Insurance Agency, Duininck, Inc. Texas Division POLICY NUMBER P. O. Box 735 Roanoke TX 76262 CARRIER I NAIC CODE EFFECTIVE DATE: THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: 25 FORM TITLE: ACORD25 (01/14) HOLDER: City of Lubbock c/o City of Lubbock Purchasing and Contract Management ADDRESS: 1625 13th Street, Suite 204 Lubbock TX 79401 GL - If these policies are cancelled, non -renewed or materially changed, 60 days notice, except 10 days for nonpayment of premium, will be mailed to the Certificate Holder. GL policies provide a blanket waiver of subrogation when required by written contract. WC policy(ies) provide a blanket waiver of subrogation when required by written contract. WC - If these policies are cancelled, non -renewed or materially changed, 60 days notice, except 10 days for nonpayment of premium, will be mailed to the Certificate Holder. ACORD 101 (2008/01) © 2008 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD ADDENDUM/DC !6892985 1 DUININCK 1 15/16 GL AL WC I Barry Huizenga 1 10/12/2015 1:13:26 PM (CDT) I Page 2 of 8 850 ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name of Person or Organization: Any person or organization that you have agreed to and/or are required by contract to name as an additional insured. Who Is An Insured (Section II) is amended to include as an insured the person or organization shown in the Schedule, but only with respect to liability arising out of "your work" for that insured by or for you. With respect to these additional insureds, this insurance does not apply to "bodily injury," "property damage" or "personal and advertising injury" arising out of the rendering of or failure to render any professional services by any insured, including: (1) The preparing, approving or failure to prepare or approve maps, drawings, opinions, reports, surveys, change orders, designs or specifications; or (2) Supervisory, inspection or engineering services. This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in the supervision, hiring, employment, training or monitoring of others by that insured. This endorsement shall not apply to a person or organization if any other additional insured endorsement attached to this policy specifically applies to that person or organization. The insurance afforded herein only applies to the extent permitted by applicable state law, including statutes governing additional insured coverage in the construction industry. This insurance is excess to any other insurance, whether primary, excess, contingent or on any other basis, available to the additional insured unless a written contract requires that this insurance be primary or primary and non- contributing. However, this insurance is always excess to other insurance, whether primary, excess, contingent or on any other basis, when the additional insured has been added to the other insurance as an additional insured. Nothing herein contained shall be held to vary, alter, waive or extend any of the terms, conditions, provisions, agreements or limitations of the mentioned Policy, other than as above stated. This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated. (The information below is required only when this endorsement is issued subsequent to preparation of the policy.) Endorsement Effective: Same as policy effective date unless otherwise indicated above. Policy Effective: 6/1/2015 Policy No.: GL15A00013 Insured: yuiningk, Inc. uininc , Inc. Texas Division Insurance Company: American Contractors Insurance Co. RRG Countersigned By Endorsement No.: Premium $ 16892985 1 DUININCK 1 15/16 GL AL WC I Barry Huizenga 1 10/12/2015 1:13:26 PM (CDT) I Page 3 of 8 336 NOTICE OF CANCELLATION, NONRENEWAL OR MATERIAL CHANGE - CERTIFICATE HOLDERS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART The certificate of insurance holders shown in the schedule below have requested that they receive written notice of cancellation, nonrenewal or material change with respect to this policy. If we decide to cancel, nonrenew or make a material change to this policy, we agree to mail or deliver sixty (60) days advance written notice to the certificate of insurance holders shown in the schedule below. However, if we are cancelling or nonrenewing due to nonpayment of premium, we will only provide the certificate of insurance holders shown in the schedule below with ten (10) days advance written notice. The notice of cancellation, nonrenewal or material change will be mailed to the addresses provided to us by the certificate of insurance issuer. Proof of mailing will be considered sufficient proof of our good faith attempt to provide notice of cancellation, nonrenewal or material change to the certificate of insurance holders shown in the schedule below. SCHEDULE All certificate of insurance holders where written notice of cancellation, nonrenewal or material change to this policy is required by written contract, permit or agreement with the Named Insured. Nothing herein contained shall be held to vary, alter, waive or extend any of the terms, conditions, provisions, agreements or limitations of the mentioned Policy, other than as above stated. This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated. (The information below is required only when this endorsement is issued subsequent to preparation of the policy.) Endorsement Effective: Same as policy effective date unless otherwise indicated above. Policy Effective Date: 6/1/2015 Policy No.: GL15A00013 Endorsement No.: Insured: Duininck, Inc. Premium $ Duininck, Inc. Texas Division Insurance Company: American Contractors Insurance Co RRG P Y� Countersigned By 16892985 1 DUININCK 1 15/16 GL AL WC I Barry Huizenga 1 10/12/2015 1:13:26 PM (CDT) I Page 4 of 8 205 WAIVER OF TRANSFER OF RIGHTS OF RECOVERY This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name of Person(s) or Organization(s): Any person or organization for whom you have agreed by written contract to furnish this waiver. The TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US Condition (Section IV — COMMERCIAL GENERAL LIABILITY CONDITIONS) is amended by the addition of the following: We waive any right of recovery we may have against the person or organization shown in the Schedule above because of payments we make for injury or damage arising out of your ongoing operations or "your work" done under a contract with that person or organization and included in the "products -completed operations hazard". This waiver applies only to the person or organization shown in the Schedule above. Nothing herein contained shall be held to vary, alter, waive or extend any of the terms, conditions, provisions, agreements or limitations of the mentioned Policy, other than as above stated. This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated. (The information below is required only when this endorsement is issued subsequent to preparation of the policy.) Endorsement Effective: Same as policy effective date unless otherwise indicated above. Policy Effective Date: 6/1/2015 Policy No.: GL15A00013 Endorsement No.: Insured: Duininck, Inc. Premium $ Duininck, Inc. Texas Division Insurance Company: American Contractors Insurance Co RRG Countersigned By ` ?6892985 1 DUININCK 1 15/16 GL AL WC I Barry Huizenga 1 10/12/2015 1:13:26 PM (CDT) I Page 5 of 8 441 WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US This endorsement modifies insurance provided under the following: BUSINESS AUTO LIABILITY COVERAGE PART The TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US Condition (Section III - BUSINESS AUTO CONDITIONS) is amended by the addition of the following: All rights of recovery against others are waived hereunder to the extent required by contract executed prior to "accident" or "loss" and with respect to such insurance provided by this policy. Nothing herein contained shall be held to vary, alter, waive or extend any of the terms, conditions, provisions, agreements or limitations of the mentioned Policy, other than as above stated. This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated. (The information below is required only when this endorsement is issued subsequent to preparation of the policy.) Endorsement Effective: same as policy eff. date unless otherwise indicated above. Policy Effective: 6/1/2015 Policy No.: AL15000007 Endorsement No.: Insured: Duininck, Inc. Premium $ Duininck, Inc. Texas Division / Insurance Company: American Contractors Insurance Co RRG Countersigned By ?6892985 1 DUININCK 1 15/16 GL AL WC ( Barry Huizenga 1 10/12/2015 1:13:26 PM (CDT) I page 6 of 8 335 NOTICE OF CANCELLATION, NONRENEWAL OR MATERIAL CHANGE - CERTIFICATE HOLDERS This endorsement modifies insurance provided under the following: BUSINESS AUTO LIABILITY COVERAGE PART The certificate of insurance holders shown in the schedule below have requested that they receive written notice of cancellation, nonrenewal or material change with respect to this policy. If we decide to cancel, nonrenew or make a material change to this policy, we agree to mail or deliver sixty (60) days advance written notice to the certificate of insurance holders shown in the schedule below. However, if we are cancelling or nonrenewing due to nonpayment of premium, we will only provide the certificate of insurance holders shown in the schedule below with ten (10) days advance written notice. The notice of cancellation, nonrenewal or material change will be mailed to the addresses provided to us by the certificate of insurance issuer. Proof of mailing will be considered sufficient proof of our good faith attempt to provide notice of cancellation, nonrenewal or material change to the certificate of insurance holders shown in the schedule below. SCHEDULE All certificate of insurance holders where written notice of cancellation, nonrenewal or material change to this policy is required by written contract, permit or agreement with the Named Insured. Nothing herein contained shall be held to vary, alter, waive or extend any of the terms, conditions, provisions, agreements or limitations of the mentioned Policy, other than as above stated. This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated. (The information below is required only when this endorsement is issued subsequent to preparation of the policy.) Endorsement Effective: Same as policy effective date unless otherwise indicated above. Policy Effective Date:6/1/2015 Policy No.: AL15000007 Endorsement No.: Insured: Duininck, Inc. Premium $ Duininck, Inc. Texas Division Insurance Company: American Contractors Insurance Co RRG ` i Countersigned By 16892985 1 DUININCK 1 15/16 GL AL WC I Barry HUizenga 1 10/12/2015 1:13:26 PM (CDT) I Page 7 of 8 596 ADDITIONAL INSURED This endorsement modifies insurance provided under the following: BUSINESS AUTO LIABILITY COVERAGE PART Any person or organization you are required by contract to include as an additional insured on this policy is an "insured" but only with respect to liability arising out of the ownership, maintenance or use of an "auto" in the operations incidental to the contract and to the extent set forth below: (1) The limit of insurance will not be greater than that required by such contract. (2) The coverage provided to the additional insured will not be greater than that customarily provided by the policy forms specified in and required by the contract. (3) All insuring agreements, exclusions and conditions of this policy will apply. (4) In no event shall the coverage or limit of insurance in this coverage form be increased by such contract. This insurance is excess to any other insurance, whether primary, excess, contingent or on any other basis, available to the additional insured unless a written contract requires that this insurance be primary or primary and non-contributing. However, this insurance is always excess to other insurance, whether primary, excess, contingent or on any other basis, when the additional insured has been added to the other insurance as an additional insured. Nothing herein contained shall be held to vary, alter, waive or extend any of the terms, conditions, provisions, agreements or limitations of the mentioned Policy, other than as above stated. This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated. (The information below is required only when this endorsement is issued subsequent to preparation of the policy.) Endorsement Effective: same as policy eff. date unless otherwise indicated above. Policy Effective: 6/1/2015 Policy No.: AL15000007 Endorsement No.: Insured: Duininck, Inc. Premium $ Duininck, Inc. Texas Division Insurance Company: American Contractors Insurance Co RRG� Countersigned By _ !6892985 1 DUININCK 1 15/16 GL AL WC I Barry Huizenga 1 10/12/2015 1:13:26 PM (CDT) I Page 8 of 8 TEXAS WORKERS COMPENSATION AND EMPLOYERS LIABILITY POLICY WC 99 03 04 (Ed. 04-07) 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. This waiver does not extend to the statutory right of reimbursement from a claimant who recovers any amount under Section 417.002 of the Texas Labor Code. 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. ( X ) Specific Waiver Name of person organization City of Lubbock Blanket Waiver Any person or organization for whom the Named Insured has agreed by written contract to furnish this waiver. This waiver does not extend to the statutory right of reimbursement under Section 417.002 of the Texas Labor Code. 2. Operations: See 1. above 3. Premium: The premium charge of this endorsement shall be 2 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. Minimum Premium: $0 5. Advance Premium: $0 This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated. (The information below is required only when this endorsement is issued subsequent to preparation of the policy.) Endorsement Effective: Same as Policy Effective Date unless otherwise indicated above. Policy Effective Date: 6/1/2015 Policy No. WCA000005615 Endorsement No. Premium $ Insured Duininck, Inc. Duininck, Inc. Texas Division Carrier Name/Code: ACIG Insurance Company Countersigned by _ WC 99 03 04 (Ed. 04-07) !4773568 1 DUININCK 1 15/16 GL AL WC I Barry Huizenga 1 5/21/2015 10:35:31 AM (CDT) I Page 9 of 9 STATUTORY PAYMENT BOND PURSUANT TO SECTION 2253.021(a) OF THE TEXAS GOVERNMENT CODE (CONTRACTS MORE THAN $50,000) vo KNO`W ALL MEN_ BY., THESE PRESENTS, that Nian ncY , lq— (hereinafter called the Principal(s), as Principal(s),`and National Fire Insurance Company of Hartford av� +- Continental Casualty Company M S'Wab aah Ave Chicago, IL W604 (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 Fifteen Million Nine Hundred Seventv-Seven Thousand Five Hundred Forty -Five Dollars ($15,977,545) 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 8" day of October, 2015, to ITB 15-12442-TF Lubbock Preston Smith International Airport Runway 17R-35L, Phase II and said principal under the law is required before commencing the work provided for in said contract to execute a bond in the amount of said contract which contract is hereby referred to and made a part hereof as fully and to the same extent as if copied at length herein. NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the said Principal shall pay all claimants supplying labor and material to him or a subcontractor in the prosecution of the work provided for in said contract, then, this obligation shall be void; otherwise to remain in full force and effect. PROVIDED, HOWEVER, that this bond is executed pursuant to the provisions of Section 2253.021(a) of the Texas Government Code, and all liabilities on this bond shall be determined in accordance with the provisions of said article to the same extent as if it were copied at length herein. IN WITNESS WHEREOF, the said Principal (s) and Surety (s) have signed and sealed this instrument this 1g1th day of Gbl� 2015. Continental�asualty Company National Fire Insurance Company of Hartford ikv— Surety (Company Name) * By: (Title) Attorney-in-FaclAyron Mulder By: (SPA - ,Uivx;na— (Title) Y tS YES0_0 1 The undersigned surety company represents that it is duly qualified to do business in Texas, and ' hereby designates "NA d UK,AWE & an agent resident in Lubbock County to whom.any requisite notices may be delivered and on whom service of process may be`had in riiatters arising out of such suretyship. National Fire Insuranoetwpany of Hartford Continental Casualty Company Surety (Title) Attorney -In -Fact Approved as to form: * Note: If signed by an Office of the Surety Company there must be on file a certified extract from the by-laws showing that this person has authority to sign such obligation. If signed by an Attorney in Fact, we must have copy of power of attorney for our files. 2 STATE OF Minnesota )SS. COUNTY OF Kandivohi ) I, Verla K. Folkerts , Notary Public of Kandivohi County, in the State of Minnesota do hereby certify that Myron Mulder , Attorney -in -Fact of the National Fire Insurance Company of Hartford and Continental Casualty Company, who is personally known to me to be the same person whose name is subscribed to the foregoing instrument, appeared before me this day in person, and acknowledged that he signed, sealed and delivered said instrument, for and on behalf of the National Fire Insurance Company of Hartford and Continental Casualty Company, for the uses and purposes therein set forth. Given under my hand and notarial seal at my office in the City of Prinsburg in said County, this 14th day of October 1 2015 Notary Public :Q:]VERLA KFOKER SuWNotaMmn POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY -IN -FACT Know All Men By These Presents, That Continental Casualty Company, an Illinois insurance company, National Fire Insurance Company of Hartford, an Illinois insurance company, and American Casualty Company of Reading, Pennsylvania, a Pennsylvania insurance company (herein called "the CNA Companies"), are duly organized and existing insurance companies having their principal offices in the City of Chicago, and State of Illinois, and that they do by virtue of the signatures and seals herein affixed hereby make, constitute and appoint Myron Mulder, Roger Ahrenholz, Wes G Wieberdink, Individually of Prinsburg, MN, their true and lawful Attomey(s)-in-Fact with full power and authority hereby conferred to sign, seal and execute for and on their behalf bonds, undertakings and other obligatory instruments of similar nature - In Unlimited Amounts - and to bind them thcrcby as fully and to the same extent as if such instruments were signed by a duly authorized officer of their insurance companies and all the acts of said Attorney, pursuant to the authority hereby given is hereby ratified and confirmed. This Power of Attorney is made and executed pursuant to and by authority of the By -Law and Resolutions, printed on the reverse hereof, duly adopted, as indicated, by the Boards of Directors of the insurance companies. In Witness Whereof, the CNA Companies have caused these presents to be signed by their Vice President and their corporate seals to be hereto affixed on this 1 Ith day of June, 2015. AsW4r1• OONGOAAry �v SEAL 18t17 State of South Dakota, County of Minnehaha, ss: Continental Casualty Company National Fire Insurance Company of Hartford �Mc�rrp American Cas lty Company of Reading, Pennsylvania JUL Y 31. Paul T. Bruflat Vice President On this 1 lth day of June, 2015, before me personally came Paul T. Bruflat to me known, who, being by me duly sworn, did depose and say: that he resides in the City of Sioux Falls, State of South Dakota; that he is a Vice President of Continental Casualty Company, an Illinois insurance company, National Fire Insurance Company of Hartford, an Illinois insurance company, and American Casualty Company of Reading, Pennsylvania, a Pennsylvania insurance company described in and which executed the above instrument; that he knows the seals of said insurance companies; that the seals affixed to the said instrument are such corporate seals; that they were so affixed pursuant to authority given by the Boards of Directors of said insurance companies and that he signed his name thereto pursuant to like authority, and acknowledges same to be the act and deed of said insurance companies. �Mq\\1M\M44�.\\\\\4N\\ S. EICM r6NUrARY PIUMM "",A f My Commission Expires February 12, 2021 S. Eich Notary Public CERTIFICATE I, D. Bult, Assistant Secretary of Continental Casualty Company, an Illinois insurance company, National Fire Insurance Company of Hartford, an Illinois insurance company, and American Casualty Company of Reading, Pennsylvania, a Pennsylvania insurance company do hereby certify that the Power of Attorney herein above set forth is still in force, and further certify that the By -Law and Resolution of the Board of Directors of the insurance companies printed on the reverse hereof is still in force. In testimony whereof I have hereunto subscribed my name and affixed the seal of the said insurance companies this 14th day of October 2015 . C1wSU,i<rj, ttISUN,� � a 00RPOMrp > `wC°t"°rtq�tp .� u SEAL Isu • a�' 491 ++a Form F68534/2012 Continental Casualty Company National Fire Insurance Company of Hartford American nCasualty Company of Reading, Pennsylvania 1� D. Bult\t Assistant Secretary Authorizing By -Laws and Resolutions ADOPTED BY THE BOARD OF DIRECTORS OF CONTINENTAL CASUALTY COMPANY: This Power of Attorney is made and executed pursuant to and by authority of the following resolution duly adopted by the Board of Directors of the Company at a meeting held on May 12, 1995: "RESOLVED: That any Senior or Group Vice President may authorize an officer to sign specific documents, agreements and instruments on behalf of the Company provided that the name of such authorized officer and a description of the documents, agreements or instruments that such officer may sign will be provided in writing by the Senior or Group Vice President to the Secretary of the Company prior to such execution becoming effective." This Power of Attorney is signed by Paul T. Bruflat, Vice President, who has been authorized pursuant to the above resolution to execute power of attorneys on behalf of Continental Casualty Company. This Power of Attorney is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of the Company by unanimous written consent dated the 25`" day of April, 2012: "Whereas, the bylaws of the Company or specific resolution of the Board of Directors has authorized various officers (the "Authorized Officers") to execute various policies, bonds, undertakings and other obligatory instruments of like nature; and Whereas, from time to time, the signature of the Authorized Officers, in addition to being provided in original, hard copy format, may be provided via facsimile or otherwise in an electronic format (collectively, "Electronic Signatures'); Now therefore be it resolved: that the Electronic Signature of any Authorized Officer shall be valid and binding on the Company." ADOPTED BY THE BOARD OF DIRECTORS OF NATIONAL FIRE INSURANCE COMPANY OF HARTFORD: This Power of Attorney is made and executed pursuant to and by authority of the following resolution duly adopted by the Board of Directors of the Company by unanimous written consent dated May 10, 1995: "RESOLVED: That any Senior or Group Vice President may authorize an officer to sign specific documents, agreements and instruments on behalf of the Company provided that the name of such authorized officer and a description of the documents, agreements or instruments that such officer may sign will be provided in writing by the Senior or Group Vice President to the Secretary of the Company prior to such execution becoming effective." This Power of Attorney is signed by Paul T. Bruflat, Vice President, who has been authorized pursuant to the above resolution to execute power of attorneys on behalf of National fire Insurance Company of Hartford. This Power of Attorney is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of the Company by unanimous written consent dated the 25t° day of April, 2012: "Whereas, the bylaws of the Company or specific resolution of the Board of Directors has authorized various officers (the "Authorized Officers') to execute various policies, bonds, undertakings and other obligatory instruments of Idce nature; and Whereas, from time to time, the signature of the Authorized Officers, in addition to being provided in original, hard copy format, may be provided via facsimile or otherwise in an electronic format (collectively, "Electronic Signatures'); Now therefore be it resolved: that the Electronic Signature of any Authorized Officer shall be valid and binding on the Company." ADOPTED BY THE BOARD OF DIRECTORS OF AMERICAN CASUALTY COMPANY OF READING, PENNSYLVANIA: This Power of Attorney is made and executed pursuant to and by authority of the following resolution duly adopted by the Board of Directors of the Company by unanimous written consent dated May 10, 1995: "RESOLVED: That any Senior or Group Vice President may authorize an officer to sign specific documents, agreements and instruments on behalf of the Company provided that the name of such authorized officer and a description of the documents, agreements or instruments that such officer may sign will be provided in writing by the Senior or Group Vice President to the Secretary of the Company prior to such execution becoming effective." This Power of Attorney is signed by Paul T. Bruflat, Vice President, who has been authorized pursuant to the above resolution to execute power of attorneys on behalf of American Casualty Company of Reading, Pennsylvania. This Power of Attorney is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of the Company by unanimous written consent dated the 25`s day of April, 2012: "Whereas, the bylaws of the Company or specific resolution of the Board of Directors has authorized various officers (the "Authorized Officers') to execute various policies, bonds, undertakings and other obligatory instruments of like nature; and Whereas, from time to time, the signature of the Authorized Officers, in addition to being provided in original, hard copy format, may be provided via facsimile or otherwise in an electronic format (collectively, "Electronic Signatures'); Now therefore be it resolved: that the Electronic Signature of any Authorized Officer shall be valid and binding on the Company." . 1 e State of Texas Claim Notice Endorsement To be attached to and from a part of Bond No. 929616816 In accordance with Section 2253.021(f) of the Texas Government Code and Section 53.200(6) of the Texas Property Code any notice of claim to the named surety under this bond(s) should be sent to: CNA Surety 333 South Wabash Chicago, IL 60604 Telephone: (312) 822-5000 Form F6944 No Text e" +�r PERFORMANCE BOND 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 N(n1` OL, lr\u. (hereinafter called the Principal(s), as Prineipal(s); and National Fire Insurance Company of Hartford phi Continental Casualty Company 333 S Wabash Ave Chicago, IL 60604 (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 Fifteen Million Nine Hundred Seventy -Seven Thousand Five Hundred Forty -Five Dollars ($15,977,545) 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 8th day of October, 2015, to ITB 15-12442-TF Lubbock Preston Smith International Airport Runway 17R-35L, Phase II 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. JN WITNESS WHEREOF, the said Principal (s) and Surety (s) have signed and sealed this instrument this Ldff day of LA 2015. Continental Casualty Company National Fire Insurance Company of Hartford �ll(nir1C1L , la�C Surety (Company Name) t * By: By: cyan l�uiv�tnr� (Title) ttomey-in-Fact Syron Mulder(Printed ame) (Sign re) Yt�4 -�uflSi�dt'1� (Title) EM M The undersigned surety company represents that it is duly qualified to do business in Texas, and hereby designates 6wh U,4AVwsa 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. National Fire Insurance Company -oif Hartord Continental Casualty Company Surety *By: (Title) Attorney -In -Fact C * Note: If signed by an Office of the Surety Company, there must be on file a certified extract from the by-laws showing that this person has authority to sign such obligation. If signed by an Attorney in Fact, we must have copy of power of attorney for our files. n a 2 PAGE INTENTIONALLY LEFT BLANK STATE OF Minnesota )SS: COUNTY OF Kandivohi ) I, Verla K. Folkerts . Notary Public of Kandiyohi County, in the State of Minnesota do hereby certify that Myron Mulder , Attorney -in -Fact of the National Fire Insurance Companv of Hartford and Continental Casualty Company, who is personally known to me to be the same person whose name is subscribed to the foregoing instrument, appeared before me this day in person, and acknowledged that he signed, sealed and delivered said instrument, for and on behalf of the National Fire Insurance Company of Hartford and Continental Casualty Company, for the uses and purposes therein set forth. Given under my hand and notarial seal at my office in the City of Prinsburg in said County, this 14th day of October , 2015 Notary Public I:Q]VERLA KFpOLKERT0 1S o-PubgMfnnesa canmEixreJn 8 POWER OF ATTORNEY APPOINTING INDWEDUAL.ATTORNEY-IN-FACT Know All Men By These Presents, That Continental Casualty Company, an Illinois insurance company, National Fire Insurance Company of Hartford, an Illinois insurance company, and American Casualty Company of Reading, Pennsylvania, a Pennsylvania insurance company (herein called "the CNA Companies"), are duly organized and existing insurance companies having their principal offices in the City of Chicago, and State of Illinois, and that they do by virtue of the signatures and seals herein affixed hereby make, constitute and appoint Myron Mulder, Roger Ahrenholz, Wes G Wieberdink, Individually of Prinsburg, MN, their true and lawful Attomey(s)-in-Fact with full power and authority hereby conferred to sign, seal and execute for and on their behalf bonds, undertakings and other obligatory instruments of similar nature - In Unlimited Amounts - and to bind them thereby as fully and to the same extent as if such instruments were signed by a duly authorized officer of their insurance companies and all the acts of said Attorney, pursuant to the authority hereby given is hereby ratified and confirmed. This Power of Attorney is made and executed pursuant to and by authority of the By -Law and Resolutions, printed on the reverse hereof, duly adopted, as indicated, by the Boards of Directors of the insurance companies. In Witness Whereof, the CNA Companies have caused these presents to be signed by their Vice President and their corporate seals to be hereto affixed on this 1 I th day of June, 2015. 4 aOPPORA*e SEAL 1897 State of South Dakota, County of Minnehaha, ss: Continental Casualty Company National Fire Insurance Company of Hartford American Cas lty Company of Reading, Pennsylvania Paul T. Bruflat Ar Vice President On this 11 th day of June, 2015, before me personally came Paul T. Bruflat to me known, who, being by me duly sworn, did depose and say: that he resides in the City of Sioux Falls, State of South Dakota; that he is a Vice President of Continental Casualty Company, an Illinois insurance company, National Fire Insurance Company of Hartford, an Illinois insurance company, and American Casualty Company of Reading, Pennsylvania, a Pennsylvania insurance company described in and which executed the above instrument; that he knows the seals of said insurance companies; that the seals affixed to the said instrument are such corporate seals; that they were so affixed pursuant to authority given by the Boards of Directors of said insurance companies and that he signed his name thereto pursuant to like authority, and acknowledges same to be the act and deed of said insurance companies. ♦ N�♦h�NtihMtiM4��4Mtiw�r u EICH s" NCr14RY U�It.IC � so`7tt oP�uor>t I ♦ti��i��ti���rrtirlti���w���4 My Commission Expires February 12, 2021 S. Eich 4otary Public CERTIFICATE I, D. Bult, Assistant Secretary of Continental Casualty Company, an Illinois insurance company, National Fire Insurance Company of Hartford, an Illinois insurance company, and American Casualty Company of Reading, Pennsylvania, a Pennsylvania insurance company do hereby certify that the Power of Attorney herein above set forth is still in force, and further certify that the By -Law and Resolution of the Board of Directors of the insurance companies printed on the reverse hereof is still in force. In testimony whereof I have hereunto subscribed my name and affixed the seal of the said insurance companies this 14th day of October 1 2015 cAS 4 0vaure sE 1897 Form F68534/2012 0JULY31, Continental Casualty Company National Fire Insurance Company of Hartford American Casualty Company of Reading, Pennsylvania D. Bult Assistant Secretary Authorizing By -Laws and Resolutions ADOPTED BY THE BOARD OF DIRECTORS OF CONTINENTAL CASUALTY COMPANY: This Power of Attorney is made and executed pursuant to and by authority of the following resolution duly adopted by the Board of Directors of the Company at a meeting held on May 12, 1995: "RESOLVED: That any Senior or Group Vice President may authorize an officer to sign specific documents, agreements and instruments on behalf of the Company provided that the name of such authorized officer and a description of the documents, agreements or instruments that such officer may sign will be provided in writing by the Senior or Group Vice President to the Secretary of the Company prior to such execution becoming effective." This Power of Attorney is signed by Paul T. Bruflat, Vice President, who has been authorized pursuant to the above resolution to execute power of attorneys on behalf of Continental Casualty Company. This Power of Attorney is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of the Company by unanimous written consent dated the 25'" day of April, 2012: "Whereas, the bylaws of the Company or specific resolution of the Board of Directors has authorized various officers (the "Authorized Officers") to execute various policies, bonds, undertakings and other obligatory instruments of like nature; and Whereas, from time to time, the signature of the Authorized Officers, in addition to being provided in original, hard copy format, may be provided via facsimile or otherwise in an electronic format (collectively, "Electronic Signatures'); Now therefore be it resolved: that the Electronic Signature of any Authorized Officer shall be valid and binding on the Company." ADOPTED BY THE BOARD OF DIRECTORS OF NATIONAL FIRE INSURANCE COMPANY OF HARTFORD: This Power of Attorney is made and executed pursuant to and by authority of the following resolution duly adopted by the Board of Directors of the Company by unanimous written consent dated May 10, 1995: "RESOLVED: That any Senior or Group Vice President may authorize an officer to sign specific documents, agreements and instruments on behalf of the Company provided that the name of such authorized officer and a description of the documents, agreements or instruments that such officer may sign will be provided in writing by the Senior or Group Vice President to the Secretary of the Company prior to such execution becoming effective." This Power of Attorney is signed by Paul T. Bruflat, Vice President, who has been authorized pursuant to the above resolution to execute power of attorneys on behalf of National fire Insurance Company of Hartford. This Power of Attorney is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of the Company by unanimous written consent dated the 25i° day of April, 2012: "Whereas, the bylaws of the Company or specific resolution of the Board of Directors has authorized various officers (the "Authorized Officers') to execute various policies, bonds, undertakings and other obligatory instruments of like nature; and Whereas, from time to time, the signature of the Authorized Officers, in addition to being provided in original, hard copy format, may be provided via facsimile or otherwise in an electronic format (collectively, "Electronic Signatures'); Now therefore be it resolved: that the Electronic Signature of any Authorized Officer shall be valid and binding on the Company." ADOPTED BY THE BOARD OF DIRECTORS OF AMERICAN CASUALTY COMPANY OF READING, PENNSYLVANIA: This Power of Attorney is made and executed pursuant to and by authority of the following resolution duly adopted by the Board of Directors of the Company by unanimous written consent dated May 10, 1995: "RESOLVED: That any Senior or Group Vice President may authorize an officer to sign specific documents, agreements and instruments on behalf of the Company provided that the name of such authorized officer and a description of the documents, agreements or instruments that such officer may sign will be provided in writing by the Senior or Group Vice President to the Secretary of the Company prior to such execution becoming effective." This Power of Attorney is signed by Paul T. Bruflat, Vice President, who has been authorized pursuant to the above resolution to execute power of attorneys on behalf of American Casualty Company of Reading, Pennsylvania. This Power of Attorney is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of the Company by unanimous written consent dated the 25'" day of April, 2012: "Whereas, the bylaws of the Company or specific resolution of the Board of Directors has authorized various officers (the "Authorized Officers') to execute various policies, bonds, undertakings and other obligatory instruments of Bice nature; and Whereas, from time to time, the signature of the Authorized Officers, in addition to being provided in original, hard copy format, may be provided via facsimile or otherwise in an electronic format (collectively, "Electronic Signatures'); Now therefore be it resolved: that the Electronic Signature of any Authorized Officer shall be valid and binding on the Company." State of Texas Claim Notice Endorsement To be attached to and from a part of Bond No. 929616816 In accordance with Section 2253.021(f) of the Texas Government Code and Section 53.200(6) of the Texas Property Code any notice of claim to the named surety under this bond(s) should be sent to: CNA Surety 333 South Wabash Chicago, IL 60604 Telephone: (312) 822-5000 Form F6944 No Text I I CERTIFICATE OF INSURANCE PAGE INTENTIONALLY LEFT BLANK Contract 12442 STATE OF TEXAS ` COUNTY OF LUBBOCK THIS AGREEMENT, made and entered into this 8" day of October, 2015, 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 Duininck, Inc., of the City of Roanoke, TX, County of Denton 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: 9 i ITB 15-12442-TF Lubbock Preston Smith International Airport Runway 17R-35L Phase II and all extra work in connection therewith, under the terms as stated in the contract documents and at his (or their) own proper cost and expense to furnish all materials, supplies, machinery, equipment, tools, superintendence, labor, insurance and other accessories and services necessary to complete the said construction in accordance with the contract documents as defined in the General Conditions of Agreement. Duininck, Inc. bid dated August 25, 2015, is incorporated into and made a part of this agreement. The CONTRACTOR hereby agrees to commence work within ten days after the date written notice to do so shall have been given to him and to substantially complete same within the time specified in the contract documents. The OWNER agrees to pay the CONTRACTOR in current funds for the performance of the contract in accordance with the bid submitted therefore, subject to additions and deductions, as provided in the contract documents and to make payment on account thereof as provided therein. IN WITNESS WHEREOF, the parties to these presents have executed this agreement in Lubbock, Lubbock County, Texas in the year and day first above written. CONTRACTOR: DUININCK, INC. By: -- PRINTED E: RYANDUININCK TITLE: VICE PRESIDENT COMPLETE ADDRESS: Company DUININCK, INC. Address 4701 HIGHWAY 377 City, State, Zip—RGANOKE, TEXAS 76262 ATTEST: /. %� ,4 Corporate Secretary CITY OF LUB XAS (OWNER): By: . 7rtson, Mayor ATTEST: Rebecc t Garza, City SSee�creta APPROVED -AS T CONTEfqT� Steve Nicholson, Deputy Direc-Mr of Operations & Safety C— �'Uv lam` A'(L Kelly Ca bell, Director of Aviation No Text GENERAL CONDITIONS OF THE AGREEMENT PAGE INTENTIONALLY LEFT BLANK GENERAL CONDITIONS OF THE AGREEMENT i. OWNER Whenever the word Owner, or First Party, are used in this contract, it shall be understood as referring to the City ,I 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 with Duininck. 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 Steve Nicholson, Deputy Director of Operations and Safety so designated who shall inspect constructions; or to such other representatives, supervisors, architects, engineers, or inspectors as may be authorized by said Owner to act in any particular manner under this agreement. Engineers, supervisors or inspectors shall act for the Owner under the direction of Owner's Representative, but shall not directly supervise the Contractor or persons acting on behalf of the Contractor. 4. CONTRACT DOCUMENTS The contract's documents shall consist of the Notice to Bidders, General Instructions to Bidders, Bid, Signed Agreement, Statutory Bonds (if required), General Conditions of the Agreement, Special Conditions of the Agreement (if any), Specifications, Plans, Insurance Certificates, and all other documents made available to Bidder for inspection in accordance with the Notice to Bidders. The above described materials are sometimes [ ' referred to herein as the "contract" or "contract documents". 5. INTERPRETATION OF PHRASES Whenever the words "Directed," "Permitted," "Designated," "Required," "Considered Necessary," "Prescribed," or words of like import are used, it shall be understood that the direction, requirement, permission, order, designation or prescription of the Owner's Representative is intended; and similarly, the words "Approved," "Acceptable," "Satisfactory," or words of like import shall mean approved by or acceptable or satisfactory to the Owner's Representative. ' 6. SUBCONTRACTOR The term Subcontractor, as employed herein, includes only those having a direct contract with the Contractor for performance of work on the project contemplated by these contract documents. Owner shall have no responsibility to any Subcontractor employed by Contractor for performance of work on the project contemplated by these contract documents, but said Subcontractors shall look exclusively to Contractor for any payments due Subcontractor. The City reserves the right to approve or disapprove the selection of any subcontractor(s). _r 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 Office of the corporation for whom it is intended, or if delivered at or sent certified mail to the last business address known to the party who gives the notice. t. 8. CONTRACTOR'S RESPONSIBILITIES Unless otherwise stipulated, the Contractor shall provide and pay for all materials, supplies, machine 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. . r All work shall be done and all materials furnished in strict conformity with the contract documents. SUBSTANTIALLY COMPLETED The tern "Substantially Completed" is meant that the structure or project contemplated by the contract documents has been made suitable for use or occupancy or the facility is in a condition to serve its intended purpose, but still may require minor miscellaneous work and adjustment. 10. LAYOUT Except as specifically provided herein, the Contractor shall be responsible for laying out all work and shall accomplish this work in a manner acceptable to the Owner's Representative. The Owner's Representative shall check the Contractor's layout of all major structures and any other layout work done by the Contractor at Contractor's request, but this check does not relieve the Contractor of the responsibility of correctly locating all work in accordance with the Plans and Specifications. 11. KEEPING OF PLANS AND SPECIFICATIONS ACCESSIBLE The Contractor shall be furnished copies of all Plans and Specifications without expense to Contractor and Contractor shall keepone co of same consistent) accessible on the job site. PY Y J 12. RIGHT OF ENTRY The Owner's Representative may make periodic visits to the site to observe the progress or quality of the executed work and to determine, in general, if the work is proceeding in accordance with the contract documents. Owner's Representative shall not be required to make exhaustive or continuous onsite inspections to check the quality or quantity of the work, nor shall Owner's Representative be responsible for the construction means, methods, techniques, sequences or procedures, or the safety precautions incident thereto. Notwithstanding the Owner's Representative's rights of entry hereunder, the Owner's Representative shall not be responsible for the Contractor's failure to perform the work in accordance with the Contract Documents. 13. LINES AND GRADES All lines and grades shall be furnished whenever Owner's Representative deems said lines and grades are necessary for the commencement of the work contemplated by these contract documents or the completion of the work contemplated by these contract documents. Whenever necessary, Contractor shall suspend its work in order to permit Owner's Representative to comply with this requirement, but such suspension shall be as brief as practical and Contractor shall be allowed no extra compensation therefore. The Contractor shall give the Owner's Representative ample notice of the time and place where lines and grades are needed. All stakes, marks, etc., shall be carefully preserved by the Contractor, and in case of careless destruction or removal by Contractor, its Subcontractors, or its employees, such stakes, marks, etc., shall be replaced by the Owner's Representative at Contractor's expense. 2 �t 14. 15 16 17 OWNER'S REPRESENTATIVE'S AUTHORITY AND DUTY Unless otherwise specified, it is mutually agreed between the parties to this Agreement that the Owner's Representative has the authority to review all work included herein. The Owner's Representative has the authority to stop the work whenever such stoppage may be necessary to ensure the proper execution of the contract. The Owner's Representative shall, in all cases, determine the amounts and quantities of the several kinds of work which are to be paid for under the contract documents, and shall determine all questions in relation to said work and the construction thereof, and shall, in all cases, decide every question which may arise relative to the execution of this contract on the part of said Contractor. The decision of the Owner's Representative shall be conclusive in the absence of written objection to same delivered to Owner's Representative within fifteen (15) calendar days of any decision or direction by Owner's Representative. In the absence of timely written objection by Contractor, as provided herein, any and all objection or objections shall be deemed waived. SUPERINTENDENCE AND INSPECTION It is agreed by the Contractor that the Owner's Representative shall be and is hereby authorized to appoint from time to time such subordinate engineers, supervisors, or inspectors as the said Owner's Representative may deem proper to inspect the materials furnished and the work done under this Agreement, and to see that said material is furnished and said work is done in accordance with the specifications therefore. The Contractor shall furnish all reasonable aid and assistance required by the subordinate engineers, supervisors or inspectors for the proper inspection and examination of the work. The Contractor shall regard and obey the directions and instructions of any subordinate engineers, supervisors or inspectors so appointed, when such directions and instructions are consistent with the obligations of this Agreement and accompanying plans and specifications provided, however, should the Contractor object to any orders by any subordinate engineer, supervisor or inspector, the Contractor may within fifteen (15) calendar days make written appeal to the Owner's Representative for its decision. In the absence of timely written objection by Contractor, as provided herein, any and all objection or objections shall be deemed waived. CONTRACTOR'S DUTY AND SUPERINTENDENCE The Contractor shall give personal attention to the faithful prosecution and completion of this contract and shall keep on the work, during its progress, a competent superintendent and any necessary assistants, all satisfactory to Owner's Representative. The superintendent shall represent the Contractor in its absence and all directions given to superintendent shall be binding as if given to the Contractor. It is expressly agreed that adequate supervision by competent and reasonable representatives of the Contractor is essential to the proper performance of the work and lack of such supervision shall be grounds for suspending operations of the Contractor. The work, from its commencement to completion, shall be under the exclusive charge and control of the Contractor and all risk in connection therewith shall be borne by the Contractor. The Owner or Owner's Representatives shall not be responsible for the acts or omissions of the Contractor, or any subcontractors, or any of Contractor's agents or employees, or any other persons performing any of the work. CONTRACTOR'S UNDERSTANDING It is understood and agreed that the Contractor has, by careful examination, satisfied itself as to the nature and location of the work, the confirmation of the ground, the character, quality and quantity of materials to be encountered, the character of equipment and facilities needed preliminary to and during the prosecution of the work, and the general and local conditions, and all other matters which in any way affect the work under the contract documents. No oral agreement or conversation with any Office, agent, or employee of the Owner, or Owner's Representative either before or after the execution of this contract, shall affect or modify any of the terms or obligations herein contained. Subject to the rights of Owner as set forth in Paragraph 23 hereof, all modifications and/or amendments to the contract documents, shall be in writing, and executed by Owner's Representative and Contractor. Unless otherwise specified herein, all loss, expense or damage to Contractor arising out of the nature of the work to be done, or from the action of the elements, or from any unforeseen circumstance and the prosecution of the Y 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. t The building of structures for the housing of men or equipment are permitted only at such places as the Owner's Representative shall consent or direct, and the sanitary conditions of the grounds in or about such structure shall at all times be maintained in a manner satisfactory to the Owner's Representative. 20. SANITATION Necessary sanitary conveniences for the use of laborers on the work site, properly secluded from public observation, shall be constructed and maintained by the Contractor in such manner and at such points as shall be _i approved by the Owner's Representative and their use shall be strictly enforced. 21. OBSERVATION AND TESTING The Owner or Owner's Representative shall have the right at all times to observe and test the work. Contractor shall make necessary arrangements and provide proper facilities and access for such observation and testing at any location wherever such work is in preparation or progress. Contractor shall ascertain the scope of any observation that may be contemplated by Owner or Owner's Representative and shall give ample notice as to the time each part of the work shall be ready for such observation. Owner or Owner's Representative may reject any such work found to be defective or not in accordance with the contract documents, regardless of the stage of its completion or the time or place of discovery of such errors and regardless of whether Owner's Representative has previously accepted the work through oversight or otherwise. If any such work should be covered without approval or consent of the Owner, it must, if requested by Owner or Owner's Representative, be uncovered for examination at Contractor's expense. In the event that any part of the work is being fabricated or manufactured at a location where it is not convenient for Owner or Owner's Representative to make observations of such work or require testing of said work, then in such event Owner or Owner's Representative may require Contractor to furnish Owner or Owner's Representative certificates of inspection, testing or approval made by persons competent to perform such tasks at the location where that part of the work is being manufactured or fabricated. All such tests shall be in accordance with the methods prescribed by the American Society for Testing and Materials or such other applicable organization as may be required by law or the contract documents. If any such work which is required to be inspected, tested, or approved is covered up without written approval or E 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 b the Owner or Owner's Representative, nor inspections, tests, or approvals made b Y P p pP Y 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 F 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 1 such work so that it shall be in full accordance with the contract documents. It is further agreed that any remedial action contemplated as hereinabove set forth shall be at Contractor's expense. 23. CHANGES AND ALTERATIONS The Contractor further agrees that the Owner may make such changes and alterations as the Owner may see fit, in the line, grade, form dimensions, plans or materials for the work herein contemplated, or any part thereof, either before or after the beginning of the construction, without affecting the validity of this contract and the accompanying bond. If such changes or alterations diminish the quantity of the work to be done, they shall not constitute the basis for a claim for damages, or anticipated profits on the work that may be dispensed with. If they increase the amount of work, and the increased work can fairly be classified under the specifications, such increase shall be paid according to the quantity actually done and at the unit price established for such work under this contract; otherwise such additional work shall be paid for as provided under Extra Work. In case the Owner shall make such changes or alterations as shall make useless any work already done or material already furnished or used in said work, then the Owner shall recompense the Contractor for any material or labor so used, and for actual expenses incurred in preparation for the work as originally planned. 24. EXTRA WORK The term "extra work" as used in this contract shall be understood to mean and include all work that may be required by the Owner or Owner's Representative to be done by the Contractor to accomplish any change, alteration or addition to the work as shown on the plans and specifications or contract documents and not covered by Contractor's bid, except as provided under Changes and Alterations herein. It is agreed that the Contractor shall perform all extra work under the direction of the Owner's Representative when presented with a written work order signed by the Owner's Representative; subject, however, to the right of the Contractor to require written confirmation of such extra work order by the Owner. It is also agreed that the compensation to be paid to the Contractor for performing said extra work shall be determined by the following methods: Method (A) - By agreed unit prices; or Method (B) - By agreed lump sum; or Method (C) - If neither Method (A) or Method (B) be agreed upon before the extra work is commenced, then the Contractor shall be paid the lesser of the following: (1) actual field cost of the extra work, plus fifteen (15%) percent; or (2) the amount that would have been charged by a reasonable and prudent Contractor as a reasonable and necessary cost for performance of the extra work. i 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, 4 timekeepers, mechanics and laborers, materials, supplies, teams, trucks, rentals on machinery and equipment, for the time actually employed or used on such extra work, plus actual transportation charges necessarily incurred, together with all expenses incurred directly on account of such extra work, including Social Security, Old Age Benefits, Maintenance Bonds, Public Liability and Property Damage and Workers' Compensation and all other insurances as may be required by law or ordinances or directed by the Owner or Owner's Representative, or by them agreed to. Owner's Representative may direct the form in which accounts of the actual field cost shall be kept and records of these accounts shall be made available to the Owner's Representative. The Owner's Representative may also specify in writing, before the work commences, the method of doing the work and the type and kind of machinery and equipment to be used; otherwise, these matters shall be determined by the Contractor. Unless otherwise agreed upon, the prices for the use of machinery and equipment shall be determined by using 100%, unless otherwise specified, of the latest Schedule of Equipment and Ownership Expenses adopted �_ > by the Associated General Contractors of America. Where practical, the terms and prices for the use of machinery and equipment shall be incorporated in the written extra work order. The fifteen percent (15%) of the actual field cost to be paid to Contractor shall cover and compensate Contractor for its profit, overhead, general superintendence and field office expense, and all other elements of cost and expense not embraced within the actual field cost as herein defined, save that where the Contractor's Camp or Field Office must be maintained primarily on account of such Extra Work, then the cost to maintain and operate the same shall be included in the "actual field cost." No claim for extra work of any kind shall be allowed unless ordered in writing by Owner's Representative. In case any orders or instructions appear to the Contractor to involve extra work for which Contractor should receive compensation or an adjustment in the construction time, Contractor shall prior to commencement of such extra work, make written request to the Owner's Representative for a written order authorizing such extra work. Should a difference of opinion arise as to what does or does not constitute extra work or as to the payment therefore, and the Owner's Representative insists upon its performance, the Contractor shall proceed with the work after making written request for written order and shall keep adequate and accurate account of the actual field cost thereof, as provided under Method (C) (1). If Contractor does not notify Owner's Representative before the commencement of any extra work, any claim for payment due to alleged extra work shall be deemed waived. 25. DISCREPANCIES AND OMISSIONS It is further agreed that it is the intent of the contract documents that all work described in the bid, the specifications, plans and other contract documents, is to be done for the prices quoted by the Contractor and that such price shall include all appurtenances necessary to complete the work in accordance with the intent of these contract documents as interpreted by Owner's Representative. Notices of any discrepancies or omissions in these plans, specifications, or contract documents, shall be given to the Owners' Representative and a clarification obtained before the bids are received, and if no such notice is received by the Owner's Representative prior to the opening of bids, then it shall be deemed that the Contractor fully understands the work to be included and has provided sufficient sums in its bid to complete the work in accordance with these plans and specifications. If Contractor does not notify Owner's Representative before bidding of any discrepancies or omissions, then it shall be deemed for all purposes that the plans and specifications are sufficient and adequate for completion of the project. It is further agreed that any request for clarification must be submitted no later than five (5) calendar days prior to the opening of bids. 26. RIGHT OF OWNER TO MODIFY METHODS AND EQUIPMENT If at any time the methods or equipment used by the Contractor are found to be inadequate to secure the quality of work with the rate of progress required under this contract, the Owner or Owner's Representative may order the Contractor in writing to increase their safety or improve their character and efficiency and the Contractor shall j comply with such order. If, at any time, the working force of the Contractor is inadequate for securing the progress herein specified, the Contractor shall, if so ordered in writing, increase its force or equipment, or both, to such an extent as to give reasonable assurance of compliance with the schedule of progress. j s` 6 t I f. 27. PROTECTION AGAINST ACCIDENT TO EMPLOYEES AND THE PUBLIC AND GENERAL INDEMNITY The Contractor shall take out and procure a policy or policies of Workers' Compensation Insurance with an insurance company licensed to transact business in the State of Texas, which policy shall comply with the Workers' Compensation laws of the State of Texas. The Contractor shall at all times exercise reasonable precaution for the safety of employees and others on or near the work and shall comply with all applicable provisions of federal, state and municipal laws and building and construction codes. All machinery and equipment and other physical hazards shall be guarded in accordance with the "Manual of Accident Prevention in Construction" of Associated General Contractors of America, except where incompatible with federal, state or municipal laws or regulations. The Contractor, its sureties and insurance carriers shall defend, indemnify and hold harmless the Owner and all of its Offices, agents and employees against any all losses, costs, damages, expenses, liabilities, claims and/or causes of action, whether known or unknown, fixed, actual, accrued or contingent, liquidated or unliquidated, including, but not limited to, attorneys' fees and expenses, in connection with, incident to, related to, or arising out of, the Contractor's or any subcontractor's, agent's or employee's, in any manner whatsoever, omission, execution and/or supervision of this contract, and the project which is the subject matter of this contract. The safety precautions taken shall be the sole responsibility of the Contractor, in its sole discretion as an Independent Contractor; inclusion of this paragraph in the Agreement, as well as any notice which may be given by the Owners or the Owner's Representative concerning omissions under this paragraph as the work progresses, are intended as reminders to the Contractor of its duty and shall not be construed as any assumption of duty to supervise safety precautions by either the Contractor or any of its subcontractors. 28. CONTRACTOR'S INSURANCE The Contractor shall not commence work under this contract until he has obtained all insurance as required in the General Conditions of the contract documents, from an underwriter authorized to do business in the State of Texas and satisfactory to the City. Proof of coverage shall be furnished to the City and written notice of cancellation or any material change shall be provided ten (10) calendar days in advance of cancellation or change. All policies of insurance, required herein, including policies of insurance required to be provided by Contractor and its subcontractors, shall contain a waiver of any and all of the insurer's or payor's, in the event of self- insurance, rights to subrogation that any such insurer or payor, in the event of self-insurance, may acquire by virtue of payment of any loss under such insurance or self-insurance. All certificates of insurance submitted to the City in conformity with the provisions hereof shall establish such waiver. The Contractor shall procure and carry at its sole cost and expense through the life of this contract, insurance protection as hereinafter specified. Coverage in excess of that specified herein also shall be acceptable. Such insurance shall be carried with an insurance company authorized to transact business in the State of Texas and shall cover all operations in connection with this contract, whether performed by the Contractor or a subcontractor, or separate policies shall be provided covering the operation of each subcontractor. A certificate of insurance specifying each and all 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, OR IN THE ALTERNATIVE, SHALL BE ACCOMPANIED BY A STATEMENT FROM THE CONTRACTOR TO THE EFFECT THAT NO WORK ON THIS PARITCULAR PROJECT SHALL BE SUBCONTRACTED. IT SHALL BE THE CONTRACTOR'S RESPONSIBLITY TO PROVIDE OT THE OWNER ALL PROOF OF COVERAGE INSURANCE DOCUMENTS INCLUDING WORKER'S COMPENSATION COVERAGE FOR EACH SUBCONTRACTOR. COPIES OF THE ENDORSEMENTS ARE REQUIRED. A. A In E. F. Commercial General Liability Insurance (Primary Additional Insured and Waiver of Subrogation required) The contractor shall have Comprehensive General Liability Insurance with limits of $ 5,000,000 Combined Single Limit in the aggregate and per occurrence to include: Products & Completed Operations Hazard Contractual Liability Personal Injury & Advertising Injury With Heavy Equipment Endorsement To include Products of Complete Operation Endorsements Owner's and Contractor's Protective Liability Insurance. For bodily injuries, including accidental death and or property damage, - NOT REQUIRED. Comprehensive Automobile Liability Insurance (Waiver of Subrogation Required) The Contractor shall have Comprehensive Automobile Liability Insurance with limits of not less than; Bodily Injury/Property Damage, $5,000,000 Combined Single Limit, to include all owned and non -owned cars including: Employers Non -ownership Liability Hired and Non -owned Vehicles. Builder's Risk Insurance/Installation Floater Insurance - NOT REQUIRED. Umbrella Liability Insurance — NOT REQUIRED 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. 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. r 2. The Contractor shall provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements, which meets the statutory requirements of Texas Labor Code, Section 401.011(44) for all employees of the contractor providing services on the project, for the duration of the project. 3. The Contractor must provide a certificate of coverage to the governmental entity prior to being awarded the contract. 4. If the coverage period shown on the Contractor's current certificate of coverage ends during the duration of the project, the Contractor must, prior to the end of the coverage period, file a new certificate of coverage with the governmental entity showing that coverage has been extended. The Contractor shall obtain from each person providing services on the project, and provide to the governmental entity: (a) a certificate of coverage, prior to that person beginning work on the project, so the governmental entity shall have on file certificates of coverage showing coverage for all persons providing services on the project; and (b) no later than seven days after receipt by the Contractor, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project. 6 The Contractor shall retain all required certificates of coverage for the duration of the project and for one year thereafter. The Contractor shall notify the governmental entity in writing by certified mail or personal delivery, within 10 days after the Contractor knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project. The Contractor shall post on each project site a notice, in the text, form and manner prescribed by the Texas Workers' Compensation Commission, informing all persons providing services on the project that they are required to be covered, and stating how a person may verify coverage and report lack of coverage. 9. The Contractor shall contractually require each person with whom it contracts to provide services on the project, to: (a) provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements, which meets the statutory requirements of Texas Labor Code, Section 401.011(44) for all of its employees providing services on the project, for the duration of the project; (b) provide to the Contractor, prior to that person beginning work on the project, a certificate of coverage showing that coverage is being provided for all employees of the person providing services on the project, for the duration of the project; (c) provide the Contractor, prior to the end of the coverage period, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (d) obtain from each other person with whom it contracts, and provide to the Contractor: (1) a certificate of coverage, prior to the other person beginning work on the project; and 9 (2) a new certificate of coverage showing extension of coverage, prior to the end of the coverage period, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (e) retain all required certificates of coverage on file for the duration of the project and for one year thereafter; (f) notify the governmental entity in writing by certified mail or personal delivery, within 10 , days after the person knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project; and (g) contractually require each person with whom it contracts to perform as required by paragraphs (a) - (g), with the certificates of coverage to be provided to the person for 1__z whom they are providing services. 10. By signing this contract or providing or causing to be provided a certificate of coverage, the Contractor is representing to the governmental entity that all employees of the Contractor who shall provide services on the project shall be covered by worker's compensation coverage for the duration of the project, that the coverage will be based on proper reporting of classification codes and payroll amounts, and that all coverage agreements will be filed with the appropriate insurance carrier or, in the case of a self -insured, with the commission's Division of Self -Insurance Regulation. Providing false or misleading information may subject the Contractor to administrative penalties, criminal penalties, civil penalties, or other civil actions. 11. The Contractor's failure to comply with any of these provisions is a breach of contract by the Contractor which entitles the governmental entity to declare the contract void if the Contractor does not remedy the breach within ten days after receipt of notice of breach from the governmental entity. G. Proof of Coverage Before work on this contract is commenced, each Contractor and subcontractor shall submit to the Owner for approval five Certificates of Insurance covering each insurance policy carried and offered as evidence `® 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. IJ (3) The name of the policy and type or types of insurance in force thereunder on the date borne by such certificate. (4) The expiration date of the policy and the limit or limits of liability thereunder on the date borne by such certificate. (5) A provision that the policy may be canceled only by mailing written notice to the named insured at the address shown in the bid specifications. (6) A provision that written notice shall be given to the City ten days prior to any change in or cancellation of the policies shown on the certificate. (7) The certificate or certificates shall be on the form (or identical copies thereof) contained in the job specifications. No substitute of nor amendment thereto will be acceptable. (8) If policy limits are paid, new policy must be secured for new coverage to complete project. 4 � f 1__? 10 (9) A Contractor shall: (a) provide coverage for its employees providing services on a project, for the duration of the project based on proper reporting of classification codes and payroll amounts and filling of any coverage agreements; (b) provide a certificate of coverage showing workers' compensation coverage to the governmental entity prior to beginning work on the project; (c) provide the governmental entity, prior to the end of the coverage period, a new certificate of coverage showing extension of coverage, if the coverage period shown on the Contractor's current certificate of coverage ends during the duration of the project; (d) obtain from each person providing services on a project, and provide to the governmental entity: (i) a certificate of coverage, prior to that person beginning work on the project, so 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 i 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. " t "Call the Texas Workers' Compensation Commission at 800-372-7713 or 512-804- 4000 (www.tdi.state.tx.us) to receive information of the legal requirements for coverage, to verify whether your employer has provided the required coverage, or to report an employer's failure to provide coverage;" and (h) contractually require each person with whom it contracts to provide services on a project, to: (i) provide coverage based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements for all of its employees providing services on the project, for the duration of the project; 11 29 30. a 3 (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 insurancecarrier or, in the case of a self -insured, with the commission's Division of Self -Insurance Regulation. Providing false or misleading information may subject the Contractor to administrative penalties, criminal penalties, civil penalties, or other civil actions."; (iv) provide the Contractor, prior to the end of the coverage period, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (v) obtain from each other person with whom it contracts, and provide to the Contractor: (1) a certificate of coverage, prior to the other person beginning work on the project; and (2) prior to the end of the coverage period, a new certificate of coverage showing extension of the coverage period, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (vi) retain all required certificates of coverage on file for the duration of the project - and for one year thereafter; vii notify the governmental entity in writing b certified mail or personal delivery, ( ) fY g tY � g Y P within 10 days after the person knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project; and (viii) contractually require each other person with whom it contracts, to perform as required by paragraphs (i)-(viii), with the certificate of coverage to be provided to the person for whom they are providing services. 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 I compensation, job training, and other terms conditions and privileges of employment. p , J g, p g PROTECTION AGAINST CLAIMS OF SUBCONTRACTORS LABORERS MATERIALMEN AND ? E FURNISHERS OF MACHINERY, EQUIPMENT AND SUPPLIES L Without limiting, in any way, manner or form, the indemnity provided by Contractor in paragraph 27 hereof, the I z Contractor agrees that it will indemnify and save the Owner and all of its Offices, agents and employees, harmless 1_ 12 r 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 f- satisfactory evidence that all obligations of the nature hereinabove designated have been paid, discharged or waived. 31. PROTECTION AGAINST ROYALTIES OR PATENT INVENTION The Contractor shall pay all royalties and license fees, and shall provide for the use of any design, device, material or process covered by letters patent or copyright by suitable legal agreement with the Patentee or owner thereof. Without limiting, in any way, manner or form, the indemnity provided by Contractor in paragraph 27 hereof, the Contractor shall defend all suits or claims for infringement of any patent or copyrights and shall indemnify and save the Owner, and all of its Offices, agents and employees harmless from any loss on account thereof, except that Owner shall defend all such suits and claims and shall be responsible for all such loss when a particular design, device, material or process or the product of a particular manufacturer or manufacturers is specified or required in these contract documents by Owner; provided, however, if choice of alternate design, device, material or process is allowed to the Contractor, then Contractor shall indemnify and save Owner, and all of its Offices, agents and employees harmless from any loss on account thereof. Notwithstanding anything herein to the contrary, if the material or process specified or required by Owner and/or this contract is an infringement, the Contractor shall be responsible for such loss unless it gives written notice of such infringement to the Owner's Representative prior to bidding. 32. LAWS AND ORDINANCES The Contractor shall at all times observe and comply with all federal, state and local laws, ordinances and regulations, which in any manner affect the contract or the work, and without limiting, in any way, manner or form, the indemnity provided by Contractor in paragraph 27 hereof, Contractor shall indemnify and save harmless the Owner, and all of its Offices, agents, and employees against any claims arising from the violation of any such laws, ordinances, and regulations, whether by the Contractor, its employees, or subcontractors. If the Contractor observes that the plans and specifications are at variance therewith, he shall notify the Owner's Representative in writing prior to bidding and any necessary changes shall be adjusted as provided in the contract for changes in the work. In the absence of timely written notification to Owner's Representative of such variance or variances within said time, any objection and/or assertion that the plans and specifications are at variance with any federal, state or local laws, ordinances or regulations shall be deemed waived. If the Contractor, its employees or subcontractors perform any work contrary to such laws, ordinances, rules and regulations, and without such notice to the Owner's Representative, Contractor shall bear all costs arising therefrom. The Owner is a municipal corporation of the State of Texas and the law from which it derives its powers, insofar as the same regulates the objects for which, or the manner in which, or the conditions under which the Owner may enter into contracts, shall be controlling, and shall be considered as part of this contract to the same effect as though embodied herein. 33. SUBCONTRACTING The Contractor agrees that it will retain personal control and will give its personal attention to the fulfillment of this contract. The Contractor further agrees that subletting of any portion or feature of the work, or materials required in the performance of this contract, shall not relieve the Contractor from its full obligations to the Owner, as provided by the contract documents. 13 34. TIME FOR SUBSTANTIAL COMPLETION AND LIQUIDATED DAMAGES It is hereby understood and mutually agreed by and between the Contractor and the Owner, that the date of beginning and time for completion as specified in the contract documents, of work to be done hereunder are essential conditions of this contract; and it is further mutually understood and agreed that the work embraced in this contract shall be commenced as provided in the contract documents. If the Contractor should neglect, fail, or refuse to substantially complete the work within the time herein specified, then the Contractor does hereby agree as part of the consideration for the awarding of this contract, the Owner may withhold permanently from Contractor's total compensation, the sums according to the schedule: Schedule Liquidated Damages Cost Allowed Construction Time Phase 1 $3,780.00 3 calendar days Phase 2 $3,780.00 2 calendar days Phase 3 $3,780.00 235 calendar days Phase 3A $3,780.00 2 calendar days Phase 4 $3,780.00 60 calendar days Phase 5A $3,780.00 2 calendar days Phase 513 $3,780.00 5 calendar days Substantial Completion N/A 307 calendar days Final Completion $6,750.00 322 calendar days not as a penalty, but as liquidated damages for the breach of the contract as herein set forth for each and every working day that the Contractor shall be in default after the time stipulated for substantially completing the work. It is expressly understood and agreed, by and between Contractor and the Owner, that the time for the substantial completion of the work described herein is reasonable time for the completion of the same, taking into consideration the average climatic range and conditions and usual industrial conditions prevailing in this locality. The amount is fixed and agreed upon by and between the Contractor and the Owner because the actual damages the Owner would sustain in such event would be difficult and/or impossible to estimate, however, the amount agreed upon herein is a reasonable forecast of the amount necessary to render just compensation to Owner, and is expressly agreed to be not disproportionate to actual damages as measured at time of breach. IT IS FURTHER AGREED AND UNDERSTOOD BETWEEN THE CONTRACTOR AND OWNER THAT TIME IS OF THE ESSENCE OF THIS CONTRACT. �. 35. TIME AND ORDER OF COMPLETION It is the meaning and intent of this contract, unless otherwise herein specifically provided, that the Contractor shall be allowed to prosecute its work at such time and sessions, in such order of precedence, and in such manner as shall be most conductive to economy of construction; provided, however, that the order and time of prosecution shall be such that the work shall be substantially completed as a whole and in part, in accordance with this contract, the plans and specifications, and within the time of completion designated in the bid; provided, also, that when the Owner is having other work done, either by contract or by its own force, the Owner's Representative may direct the time and manner of constructing work done under this contract so that conflicts will be avoided and the construction of the various works being done for the Owner shall be harmonized. The Contractor shall submit, at such times as may reasonably be requested by the Owner's Representative, schedules which shall show the order in which the Contractor intends to carry on the work, with dates at which the Contractor will start the several parts of the work and estimated dates of completion of the several parts. 14 �_ t 36. TIME OF PERFORMANCE The Contractor agrees that it has submitted its bid in full recognition of the time required for the completion of this project, taking into consideration the average climatic range and industrial conditions prevailing in this locality, and has considered the liquidated damage provisions of paragraph 34 hereinabove set forth and expressly agrees that it shall not be entitled to, nor will it request, an extension of time on this contract, except when its work has been delayed by an act or neglect of the Owner, Owner's Representative, employees of the Owner or other contractors employed by the Owner, or by changes ordered in the work, or by strike, walkouts, acts of God or the public enemy, fire or flood. Any request for extension shall be in writing with the written request for same setting forth all justifications, in detail, for the request, and submitted to Owner's Representative within twenty (20) calendar days of the occurrence of the event causing said delay. A failure by Owner's Representative to affirmatively grant the extension no later than twenty (20) calendar days of written submission by Contractor shall be deemed a denial, and final. Further, in the absence of timely written notification of such delay and request for extension, as provided herein, any request for extension by Contractor shall be deemed waived. 37. HINDRANCE AND DELAYS In executing the contract, the Contractor agrees that in undertaking to complete the work within the time herein fixed, Contractor has taken into consideration and made allowances for all hindrances and delays incident to such work, whether growing out of delays due to unusual and unanticipated circumstances, difficulties or delays in securing material or workmen, or any other cause or occurrence. No charge shall be made by the Contractor for hindrance or delays from any cause during the progress of any part of the work embraced in this contract except where the work is stopped by order of the Owner or Owner's Representative for the Owner's convenience, in which event, such expense as in the sole judgment of the Owner's Representative that is caused by such stoppage shall be paid by Owner to Contractor. 38. QUANTITIES AND MEASUREMENTS No extra or customary measurements of any kind will be allowed, but the actual measured or computed length, area, solid contents, number and weight only shall be considered, unless otherwise specifically provided. In the event this contract is let on a unit price basis, then Owner and Contractor agree that this contract, including the specifications, plans and other contract documents are intended to show clearly all work to be done and material to be furnished hereunder. Where the estimated quantities are shown, and only when same are expressly stated to be estimates, for the various classes of work to be done and material to be furnished under this contract, they are approximate and are to be used only as a basis for estimating the probable cost of the work and for comparing their bids offered for the work. In the event the amount of work to be done and materials to be furnished are expressly stated to be estimated, and only when same are expressly stated to be estimated, it is understood and agreed that the actual amount of work to be done and the materials to be furnished under this contract may differ somewhat from these estimates, and that where the basis for payment under this contract is the unit price method, payment shall be for the actual amount of work done and materials furnished on the project. 1__J 39. PROTECTION OF ADJOINING PROPERTY The Contractor shall take proper means to protect the adjacent or adjoining property or properties in any way encountered, which may be injured or seriously affected by any process of construction to be undertaken under this agreement, from any damage or injury by reason of said process of construction; and Contractor shall be liable for any and all claims for such damage on account of his failure to fully protect all adjacent property. Without limiting, in any way, manner and form, the indemnity provided by Contractor in paragraph 27 hereof, the Contractor agrees to indemnify, save and hold harmless the Owner, and any of its Offices, agents and employees, against any and all claims or damages due to any injury to any adjacent or adjoining property, related to, arising from or growing out of the performance of this contract. 15 t 40. PRICE FOR WORK In consideration of the furnishing of all necessary labor, equipment and material and the completion of all work by the Contractor, and on the delivery of all materials embraced in this contract in full conformity with the specifications and stipulations herein contained, the Owner agrees to pay the Contractor the price set forth in the E bid proposal attached hereto, which has been made a part of this contract, and the Contractor hereby agrees to receive such price in full for furnishing all materials and all labor required for the aforesaid work, also, for all expenses incurred by Contractor and for well and truly performing the same and the whole thereof in the manner and according to this agreement, the attached specifications, plans, contract documents and requirements of Owner's Representative. 41. PAYMENTS No payments made or certificates given shall be considered as conclusive evidence of the performance of the contract, either wholly or in part, nor shall any certificate or payment be considered as acceptance of defective work. Contractor shall at any time requested during the progress of the work furnish the Owner or Owner's Representative with a verifying certificate showing the Contractor's total outstanding indebtedness in connection with the work. Before final payment is made, Contractor shall satisfy Owner, by affidavit or otherwise, that there are no outstanding liens against Owner's premises by reason of any work under the contract. Acceptance by Contractor of final payment of the contract price shall constitute a waiver of all claims against Owner, Owner's agents and employees, which have not theretofore been timely filed as provided in this contract. 42. PARTIAL PAYMENTS On or before the tenth day of each month, the Contractor shall submit to Owner's Representative an application for partial payment or, if the Contractor does not submit such application, the Owner's Representative shall determine the amount to be partially paid. Owner's Representative shall review said application for partial payment if submitted, and the progress of the work made by the Contractor and if found to be in order, shall prepare a certificate for partial payment showing as completely as practical the total value of the work done by the Contractor up to and including the last day of the preceding month. The determination of the partial payment by the Owner's Representative shall be in accordance with Paragraph 14 hereof. The Owner shall then pay the Contractor on or before the fifteenth day of the current month the total amount of the Owner's Representative's Certificate of Partial Payment, less 5% of the amount thereof, which 5% shall be retained until final payment, and further, less all previous payments and all further sums that may be retained by Owner under the terms of the contract documents. Any partial payment made hereunder shall not constitute a waiver by the Owner of any and all other rights to enforce the express terms of the contract documents, and all remedies provided therein, as to any and all work performed, to be performed and/or materials delivered hereunder, including, but limited to, work to which said partial payment is attributable. 43. SUBSTANTIAL COMPLETION Contractor shall give Owner's Representative written notice of substantial completion. Within thirty-one (31) working days after the Contractor has given the Owner's Representative written notice that the work has been substantially completed, the Owner's Representative and/or the Owner shall inspect the work and within said time, 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. 16 44. FINAL COMPLETION AND PAYMENT The Contractor shall give written notice to Owner's Representative of final completion. Upon written notice of final completion, the Owner's Representative shall proceed to make final measurement to determine whether final completion has occurred. If the Owner's Representative determines final completion has occurred, Owner's Representative shall so certify to the Owner. Upon certification by Owner's Representative of final completion, Owner shall pay to the Contractor on or before the 31 st working day after the date of certification of final completion, the balance due Contractor under the terms of this agreement. Neither the certification of final completion nor the final payment, nor any provisions in the contract documents shall relieve the Contractor of the obligation for fulfillment of any warranty which may be required in the contract documents and/or any warranty or warranties implied by law or otherwise. 45. RETAINAGE The Contractor is required to pay all subcontractors for satisfactory performance of their contracts no later than 30 days after the Contractor has received a partial payment. The Owner must ensure prompt and full payment of retainage from the prime Contractor to the subcontractor within 30 days after the subcontractor's work is satisfactorily completed. A subcontractor's work is satisfactorily completed when all the tasks called for in the subcontract have been accomplished and documented as required by the Owner. When the Owner has made an incremental acceptance of a portion of a prime contract, the work of a subcontractor covered by that acceptance is deemed to be satisfactorily completed. From the total of the amount determined to be payable on a partial payment, 5% of such total amount will be deducted and retained by the Owner until the final payment is made, except as may be provided (at the Contractor's option) in the subsection 90-08 titled PAYMENT OF WITHHELD FUNDS of this section. The balance 95% of the amount payable, less all previous payments, shall be certified for payment. Should the Contractor exercise his or her option, as provided in the subsection 90-08 titled PAYMENT OF WITHHELD FUNDS of this section, no such percent retainage shall be deducted. When at least 95% of the work has been completed, the Engineer shall, at the Owner's discretion and with the consent of the surety, prepare estimates of both the contract value and the cost of the remaining work to be done. The Owner may retain an amount not less than twice the contract value or estimated cost, whichever is greater, of the work remaining to be done. The remainder, less all previous payments and deductions, will then be certified for payment to the Contractor. 46. CORRECTION OF WORK Contractor shall promptly remove from Owner's premises all materials condemned by the Owner's Representative 1 on account of failure to conform to the contract documents, whether actually incorporated in the work or not, and Contractor shall at its own expense promptly replace such condemned materials with other materials conforming to the requirements of the contract documents. Contractor shall also bear the expense of restoring all work of other contractors damaged by any such removal or replacement. If Contractor does not remove and replace any such condemned work within a reasonable time after a written notice by the Owner or the Owner's Representative, Owner may remove and replace it at Contractor's expense. Neither the final payment, nor certification of final completion or substantial completion, nor any provision in the contract documents shall relieve the Contractor of responsibility for faulty materials or workmanship, and Contractor shall remedy any defects due thereto and pay for any damage to other work resulting therefrom, which shall appear within a period of one (1) year from the date of certification of final completion by Owner's Representative. 17 I 47. 48 19-MAM MMMATAUUtMIM The Owner or Owner's Representative may, on account of subsequently discovered evidence, withhold or nullify the whole or part of any certification to such extent as may be necessary to protect itself from loss on account of: (a) Defective work not remedied and/or work not performed. (b) Claims filed or reasonable evidence indicating possible filing of claims. (c) Damage to another contractor. When the above grounds are removed, or the Contractor provides a surety bond satisfactory to the Owner, in the I °'I amount withheld, payment shall be made for amounts withheld because of them. CLAIM OR DISPUTE It is further agreed by both parties hereto that all questions of dispute or adjustment presented by the Contractor shall be in writing and filed with the Owner's Representative within fifteen (15) calendar days after the Owner's Representative has given any direction, order or instruction to which the Contractor desires to take exception. Timely written notice of dispute as provided in this contract of any decision by Owner's Representative or Owner shall be a condition precedent to the bringing and/or assertion of any action or claim by Contractor of any right under this Contract. If the matters set forth in the notice of dispute are not granted or otherwise responded to by Owner's Representative within fifteen (15) calendar days of receipt of notice of dispute by Owner's Representative, said objections shall be deemed denied. Any decision by the Owner's Representative, or deemed denial by the Owner's Representative, shall be final and conclusive in the absence of fraud. It is further agreed that the acceptance by the Contractor of the final payment shall be a bar to any and all claims of the Contractor, and constitute a waiver of the right to assert any claim against Owner, Owner's agents and employees and Owner's Representative, by Contractor. 49. 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 ' s 18 t_ become due to the Contractor under and by virtue of this Agreement. In case such expense is less than i--< the sum which would have been payable under this contract, if the same had been completed by the Contractor, then said Contractor shall receive the difference. In case such expense is greater than the sum which would have been payable under this contract, if the same had been completed by said Contractor, then the Contractor and/or its Surety shall pay the amount of such excess to the Owner; or (b) The Owner, under sealed bids, after notice published as required by law, at least twice in a newspaper having a general circulation in the County of location of the work, may let the contract for the completion of the work under substantially the same terms and conditions which are provided in this contract. In case of any increase in cost to the Owner under the new contract as compared to what would have been the cost under this contract, such increase shall be charged to the Contractor and the Surety shall be and remain bound therefore. Should the cost to complete any such new contract prove to be less than that which would have been the cost to complete the work under this contract, the Contractor or his Surety shall be credited therewith. In the event the Owner's Representative elects to complete the work, as described above, when the work shall have been finally completed, the Contractor and his Surety shall be so notified and certification of completion as provided in paragraph 44 hereinabove set forth, shall be issued. A complete itemized statement of the contract accounts, certified to by Owner's Representative as being correct shall then be prepared and delivered to Contractor and his Surety, if applicable, whereon the Contractor or his Surety, or the Owner as the case may be, shall pay the balance due as reflected by said statement within 30 days after the date of certification of completion. In the event the statement of accounts shows that the cost to complete the work is less than that which would have been the cost to the Owner had the work been completed by the Contractor under the terms of this contract, or when the Contractor and/or his Surety, if applicable, shall pay the balance shown to be due by them to the Owner, then all machinery, equipment, tools, materials or supplies left on the site of the work shall be turned over to the Contractor and/or his Surety, if applicable. Should the cost to complete the work exceed the contract price, and the Contractor and/or his Surety, if applicable, fail to pay the amount due the Owner within the time designated hereinabove, and there remains any machinery, equipment, tools, materials or supplies on the site of the work, notice thereof, together with an itemized list of such equipment and materials shall be mailed to the Contractor and his Surety, if applicable, at the respective addresses designated in this contract; provided, however, that actual written notice given in any manner will satisfy this condition. After mailing, or other giving of such notice, such property shall be held at the risk of the Contractor and his Surety, if applicable, subject only to the duty of the Owner to exercise ordinary care to protect such property. After fifteen (15) calendar days from the date of said notice the Owner may sell such machinery, equipment, tools, materials or supplies and apply the net sum derived from such sale to the credit of the Contractor and his Surety, if applicable. Such sale may be made at either public or private sale, with or without notice, as the Owner may elect. The Owner shall release any machinery, equipment, tools, materials, or supplies that remain on the jobsite and belong to persons other than the Contractor or his Surety, if applicable, to their proper owners. The remedies provided to Owner by law, equity, contract, or otherwise, shall be cumulative, to the extent permitted by law. It is expressly agreed and understood that the exercise by Owner of the remedies provided in this paragraph shall not constitute an election of remedies on the part of Owner, and Owner, irrespective of its exercise of remedies hereunder, shall be entitled to exercise concurrently or otherwise, any and all other remedies available to it, by law, equity, contract or otherwise, including but not limited to, liquidated damages, as provided in paragraph 34, hereinabove set forth. 50. 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. 19 51 52 53 54. 55 BONDS The Contractor is required to furnish a performance bond in accordance with Chapter 2253, Government Code, in 1 the amount of 100% of the. total contract price in the event that said contract price exceeds $100,000 and the Contractor is required to furnish a payment bond in accordance with Chapter 2253, Government Code, in the amount of 100% of the total contract price in the event that said contract price exceeds $50,000. All bonds shall be submitted on forms supplied by the Owner, and executed by an approved Surety Company authorized to do 4' business in the State of Texas. It is further agreed that this contract shall not be in effect until such bonds are so furnished. SPECIAL CONDITIONS In the event special conditions are contained herein as part of the contract documents and said special conditions_z conflict with any of the general conditions contained in this contract, then in such event the special conditions shall control. 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. 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. 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. 56. 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 kt Hazardous Substance, hydrocarbons or other petroleum products or byproducts and/or asbestos is necessary in the I 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 1__3 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 20 �r3 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. 57. 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. 58. 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. !. 59. 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. 60. 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 s that has been misclassified. Governmental entities may want to include information on this new misclassification penalty in their contracts with entities that are providing services covered by this new requirement (Texas Government Code Section 2155.001). 21 PAGE INTENTIONALLY LEFT BLANK DAVIS BACON WAGE DETERMINATIONS PAGE INTENTIONALLY LEFT BLANK EXHIBIT A General Decision Number: TX150007 01/02/2015 TX7 Superseded General Decision Number: TX20140007 State: Texas Construction Types: Heavy and Highway _j Counties: Armstrong, Carson, Crosby, Ector, Irion, Lubbock, Midland, Potter, Randall, Taylor and Tom Green Counties in Texas. HEAVY & HIGHWAY CONSTRUCTION PROJECTS Note: Executive Order (EO) 13658 establishes an hourly minimum wage of $10.10 for 2015 that applies to all contracts subject to the Davis -Bacon Act for which the solicitation is issued on 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 $10.10 (or the applicable wage rate listed on this wage determination, if it is higher) for all hours spent performing on the contract. The EO minimum wage rate will be adjusted annually. Additional information on contractor requirements and worker protections under the EO is available at www.dol.gov/whd/govcontracts. Modification Number Publication Date 0 01/02/2015 * SUTX2011-002 08/02/2011 Rates Fringes CEMENT MASON/CONCRETE FINISHER (Paving & Structures) ... $ 13.55 ELECTRICIAN ...................... $ 20.96 FORM BUILDER/FORM SETTER Paving & Curb ...............$ 12.36 I Structures ..................$ 13.52 LABORER 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, 3 CY or less ........................ $ 12.28 LoaderBackhoe.............. $ 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 WELDERS - Receive rate prescribed for craft performing operation to which welding is incidental. Unlisted classifications needed for work not included within the scope of the classifications listed may be added after award only as provided in the labor standards contract clauses (29CFR 5.5 (a) (1) (ii)). The body of each wage determination lists the classification and wage rates that have been found to be prevailing for the cited type(s) of construction in the area covered by the wage determination. The classifications are listed in alphabetical order of "identifiers" that indicate whether the particular rate is 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 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 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 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 On survey related matters, initial contact, including requests for summaries of surveys, should be with the Wage and Hour Regional Office for the area in which the survey was conducted because those ' Regional Offices have responsibility for the Davis - Bacon survey program. If the response from this initial contact is not satisfactory, then the process described in 2.) and 3.) should be followed. With regard to any other matter not yet ripe for the formal process described here, initial contact should be with the Branch of Construction Wage Determinations. Write to: Branch of Construction Wage Determinations Wage and Hour Division U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 2.) If the answer to the question in 1.) is yes, then an interested party (those affected by the action) can request review and reconsideration from the Wage and Hour Administrator (See 29 CFR Part 1.8 and 29 CFR Part 7). Write to: Wage and Hour Administrator U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 The request should be accompanied by a full statement of the interested party's position and by any information (wage payment data, project description, area practice material, etc.) that the requestor considers relevant to the issue. 3.) If the decision of the Administrator is not favorable, an interested party may appeal directly to the Administrative Review Board (formerly the Wage Appeals Board). Write to: Administrative Review Board U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 4.) All decisions by the Administrative Review Board are final. END OF GENERAL DECISION EXHIBIT B Prevailing Wage Rates Overtime Rate The rate for overtime (in excess of forty hours per week) shall be as required by the Fair Labor Standards Act. EXHIBIT C Prevailing Wage Rates Legal Holiday Rate The rate for legal holidays shall be as required by the Fair Labor Standards Act. SPECIFICATIONS I PAGE INTENTIONALLY LEFT BLANK