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HomeMy WebLinkAboutResolution - 2017-R0150 - Utility Contractors Of America - 04_27_2017 (2)Resolution No. 2017-RO150 Item No. 6.12 Apri127, 2017 RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock is hereby authorized and directed to execute for and on behalf of the City of Lubbock, Contract No. 13012 for Lift Station 41 Replacement, by and between the City of Lubbock and Utility Contractors of America, Inc., Texas, and related documents. Said Contract is attached hereto and incorporated in this resolution as if fully set forth herein and shall be included in the minutes of the City Council. Passed by the City Council on April 27, 2017 DANIEL M. POPE, MAYOR ATTEST: P., A-",' e i1c Reb cca Garza, City Secretary APPROVED AS TO W000ray&lin, P.E., Director of Public Works APPROVED AS TO FORM: K lli Leisure, Assistant City Attorney RES.Contract 130=t1ityContractorsofAmerica 04.03.17 CERTIFICATE OF INTERESTED PARTIES FORM 1295 1 of 1 Complete Nos. 1 - 4 and 6 if there are interested parties. OFFICE USE ONLY Complete Nos. 1, 2, 3, 5, and 6 if there are no interested parties. CERTIFICATION OF FILING Certificate Number: 1 Name of business entity filing form, and the city, state and country of the business entity's place of business. 2017-187302 Utility Contractors of America, Inc. Lubbock, TX United States Date Filed: 04/04/2017 2 Name of governmental entity or state agency that is a party to the contract for which the form is being filed. City of Lubbock Date Acknowledged: 04/04/2017 3 Provide the identification number used by the governmental entity or state agency to track or identify the contract, and provide a description of the services, goods, or other property to be provided under the contract. 13012 Lift Station 41 Replacement 4 Name of Interested Party City, State, Country (place of business) Nature of interest (check applicable) Controlling I Intermediary Jonathan, Ziegner Lubbock, TX United States X Ty, Lane Lubbock, TX United States X T- 5 Check only if there is NO Interested Party. ❑ 6 AFFIDAVIT I swear, or affirm, under penalty of perjury, that the above disclosure is true and correct. Signature of authorized agent of contracting business entity AFFIX NOTARY STAMP / SEAL ABOVE Sworn to and subscribed before me, by the said this the day of 20 , to certify which, witness my hand and seal of office. Signature of officer administering oath Printed name of officer administering oath Title of officer administering oath Forms provided by Texas Ethics Commission www.ethics.state.tx.us Version V1.0.883 CERTIFICATE OF INTERESTED PARTIES FORM 1295 1of1 Complete Nos. 1- 4 and 6 if there are interested parties. OFFICE USE ONLY Complete Nos.1, 2, 3, 5, and 6 if there are no interested parties. CERTIFICATION OF FILING Certificate Number: i Name of business entity filing form, and the city, state and country of the business entity's place of business. 2017-187302 Utility Contractors of America, Inc, Lubbock, TX United States Date Filed: 04/041 UJ_ I 2 Name of governmental entity or state agency that is a parry to the contract for which the form is being filed. City of Lubbock Date Acknowledged: 3 Provide the identification number used by the governmental entity or state agency to track or identify the contract, and provide a description of the services, goods, or other property to be provided under the contract. 13012 Lift Station 41 Replacement 4 Name of Interested Party City, State, Country (place of business) Nature of interest (check applicable) Controlling I intermediary Jonathan, Ziegner Lubbock, TX United States X Ty, Lane Lubbock, TX United States X 5 Check only if there is NO Interested Party. ❑ 6 AFFIDAVIT I swear, or affirm, under penalty of perjury, that the above disclosure is true and correct. Tammy VanBuren Notary Public, State of Texas My Commission Expires September 27, 2020AA- Sig re of authorized agent of contracting business entity AFFIX NOTARY STAMP / SEAL ABOVE Sworn to and sub the said Chris Balios this the 4th day of April 20 1 to ce ich, witness my ha and seal of office. Tammy VanBuren Signature o fficer administers oath Printed name of officer administering oath Title of officer administering oath Forms provided by Texas Etmmission www.ethicsstate.tx.us Version V1.0.883 BOND CHECK BEST RATING LICENSED IN TEXAS DATE BY: CONTRACT AWARD DATE: April 27, 2017 CITY OF LUBBOCK SPECIFICATIONS FOR Lift Station 41 Replacement RFP 17-13012-TF CONTRACT #: 13012 Plans & Specifications may be obtained from THE REPRODUCTION COMPANY www.thereproductioncompany.com Phone: (806) 763-7770 City of u bock TEXAS CITY OF LUBBOCK Lubbock, Texas Pa2e Intentionally Left Blank A ADDENDA Page Intentionally Left Blank J City of Lubbock TExas ADDENDUM I Proposal Due Date Extension REP 17-13012-TF Lift Station 41 Replacement DATE ISSUED: March 10, 2017 NTEW CLOSE DATE: March 23, 2017 at 3:00 p.m. The following items take precedence over specifications for the above named Request for Proposals (RFP) Where any item called for in the RFP documents is supplemented here, the original requirements, not affected by this addendum, shall remain in effect. Proposal Due Date Extension The proposal due date has been extended. The new proposal due date is Thursday, March 23, 2017, at 3:OOPM CST. All requests for additional information or clarification must be submitted in writing and directed to: Teofilo Flores, Senior Buyer City of Lubbock Purchasing and Contracts Management Office 1625 13th Street, Room 204 Lubbock, Texas 79401 Questions may be faxed to (806)775-2164 or Email to TKFlores((—Vmylubbock.us Questions are preferred to be posted on BidSync: www.bidsyne.com THANK YOU, Olea#& 7&va CITY OF LUBBOCK Teofilo Flores Senior Buyer City of Lubbock Purchasing and Contracts Management Office It is the intent and purpose of the City of Lubbock that this request permits competitive proposals. It shall be the offeror's responsibility to advise the Director of Purchasing and Contract Management if any language, requirements, etc., or any combinations thereof, inadvertently restricts or limits the requirements stated in this RFP to a single source. Such notification must be submitted in writing and must be received by the Director of Purchasing and Contract Management no later than five (5) business days prior to the close date. A review of such notifications will be made. Pa2e Intentionally Left Blank j City of t_ u ock C' TEXAS ADDENDUM # 2 Revised Proposal Submittal Form/Clarifications RFP 17-13012-TF Lift Station 41 Replacement DATE ISSUED: March 14, 2017 CLOSE DATE: March 23, 2017 at 3:00 p.m. The following items take precedence over specifications for the above named Request for Proposals (RFP). Where any item called for in the RFP documents is supplemented here, the original requirements, not affected by this addendum, shall remain in effect. Please review, incorporate, and acknowledge the information in this addendum on the signature page of the Revised Proposal Submittal Form. Revised Proposal Submittal Form The following items on the Proposal Submittal Form have been revised and must be submitted with the response. The revised Proposal Submittal Form is attached to this addendum. Please acknowledge reception of this addendum on the signature page of the Revised Proposal Submittal Form. • Items #6 and #7 have been revised to include a 5-foot diameter manhole. • Items # 8 and #9 have been added. • Items #12, #13, and #19 have been updated for new quantities. Specification Clarifications/Changes 1. Specification 01020 -Measurement and Pam Revised measurement and payment specification to reflect changes in the proposal submittal form. DELETE: The entire specification 01020. REPLACE WITH: Attached specification 01020-R 2. Specification 02643 — Combination Wastewater Air Valves DELETE: Part 2. LD in its entirety. REVISE Part 2.1.13 to say "Valve to be A.R.I. Model D-020 (stainless steel) or engineer approved equal." 3. Specification 02831- Pol vinyl Chloride (PVC) Coated Steel Chain Link FencingFj ; Revised Description of Work. DELETE: Part 1.2 in its entirety. REVISE Part 1.2 to say "The fence shall be an 8-foot tall temporary privacy fence as shown on the plans with privacy slats and fabric." 4. Division 16 Electrical Specifications The electrical specifications, Division 16, are attached. Plan Set Clarifications/Changes 1. Sheet C 1.01 Lift Station Site Plan o Alignment of the gravity sanitary sewer line has been revised. o Manhole at Point ID #2 is being revised to be a Standard 5-foot manhole. DELETE: Sheet C1.01. REPLACE WITH: Attached Sheet C1.01A. Pre -Proposal Meeting Minutes 1. The meeting minutes for the pre -proposal meeting held on March 2, 2017 are attached. All requests for additional information or clarification must be submitted in writing and directed to: Teofilo Flores, Senior Buyer City of Lubbock Purchasing and Contracts Management Office 1625 13th Street, Room 204 Lubbock Texas 79401 Questions may be faxed to (806) 775-2164 or Email to TKFlores(W-mylubbock.us. Questions are preferred to be posted on BidSync: wvvw.bidsync.com. THANK YOU, 7694 741" CITY OF LUBBOCK Teofilo Flores, Senior Buyer City of Lubbock Purchasing and Contracts Management Office It is the intent and purpose of the City of Lubbock that this request permits competitive proposals. It shall be the offeror's responsibility to advise the Director of Purchasing and Contract Management if any language, requirements, etc., or any combinations thereof, inadvertently restricts or limits the requirements stated in this RFP to a single source. Such notification must be submitted in writing and must be received by the Director of Purchasing and Contract Management no later than three (3) business days prior to the close date. A review of such notifications will be made. l.� i_ REVISED } PROPOSAL SUBMITTAL FORM UNIT PRICE PROPOSAL CONTRACT F, DATE: -, PROJECT NUMBER: RFP 17-13012-TF Lift Station 41 Replacement i Proposal of (hereinafter A called Offeror) To the Honorable Mayor and City Council City of Lubbock, Texas (hereinafter called Owner) Ladies and Gentlemen: The Offeror, in compliance with your Request for Proposals for the construction of the Lift Station 41 Replacement having carefully examined the plans, specifications, instructions to offerors, notice to offerors and all other related contract documents and the site of the intended work, and being familiar with all of the r_ conditions surrounding the construction of the untended project including the availability of materials and labor, hereby intends to furnish all labor, materials, and supplies; and to construct the project in accordance with the plans, specifications and contract documents, within the time set forth therein and at the price stated below. The price to cover all expenses incurred in performing the work required under the contract documents. ITEM DESCRIPTION ESTIMATED UNIT UNIT PRICE EXTENDED AMOUNT NO. QUANTITY 1 MOBILIZATION 1 LS $ LIFT STATION SITE WORK, 2 WET WELL, VALVE VAULT, 1 LS $ AND ELECTRICAL CONTROLS 3 12" SDR 26 PVC SEWER PIPE 93 LF $ BY OPEN CUT 12" AWWA C-900 DR-18 PVC 4 WATER PIPE (FOR SEWER, 1,595 LF $ GREEN COLOR) BY OPEN CUT 12" AWWA C-900 DR-18 PVC WATER PIPE (FOR SEWER, 5 GREEN COLOR) AND 20" 100 LF $ STEEL CASING PIPE (BY BORE) 6 5-FOOT DIA. CONCRETE 1 EA $ MANHOLE EXTRA DEPTH FOR 5-FOOT 12 VF $ DIA. CONCRETE MANHOLE 8 5-FOOT DIA. DROP 1 EA $ CONCRETE MANHOLE 5R REVISED ITEM NO. DESCRIPTION ESTIMATED QUANTITY UNIT UNIT PRICE EXTENDED AMOUNT EXTRA DEPTH FOR 5-FOOT 9 DIA. DROP CONCRETE 11 VF $ MANHOLE CONNECT PROPOSED 10 SANITARY SEWER PIPE TO 1 EA $ EXISTING MANHOLE VACUUM TESTING OF 11 SANITARY SEWER 2 EA $ MANHOLES POST CONSTRUCTION 12 CLEANING AND TV 1,790 LF $ INSPECTION 13 TRENCH SAFETY SYSTEM 1,690 LF $ TEMPORARY EROSION, 14 SEDIMENT, AND WATER 1 LS $ POLLUTION PREVENTION PLAN 15 DUCTILE IRON WATER 1 TON $ FITTINGS 16 2" COMBINATION AIR 1 EA $ RELEASE VALVE 17 ABANDON LIFT STATION 1 LS $ 18 TRAFFIC CONTROL 1 MO $ CONCRETE PAVEMENT 19 200 SY $ REPAIR ASPHALT PAVEMENT 20 45 SY $ REPAIR 21 CONCRETE SIDEWALK 15 LF $ REPAIR 22 CONCRETE ALLEY 50 SY $ REPAIR 23 HYDROSEED 2,012 SY $ 24 CONCRETE CURB AND 300 LF $ GUTTER REPAIR ROCK RIPRAP/GABION 25 5 5 SY $ REPAIR (12") Offerors Initials 6R REVISED 26 CUT AND PLUG EXISTING 2 EA $ 8" FORCE MAIN TOTAL PROJECT (ITEMS 1-26) $ ~Offeror's Initials ` DURATION 1. Number of days required for construction: TOTAL CALENDAR DAYS: Offeror hereby agrees to commence the work on the above project on a date to be specified in a written "Notice to _.Proceed" of the Owner and to substantially complete the project within 270 Consecutive Calendar Days with final completion within 300 Consecutive Calendar Days as stipulated in the specification and other contract documents. Offeror hereby further agrees to pay to Owner as liquidated damages the sum of $200 for each consecutive calendar day after substantial completion and in excess of the time to final completion set forth herein above for completion of this project, all as more fully set forth in the General Conditions of the Agreement. Offeror understands and agrees that this proposal submittal shall be completed and submitted in accordance with instruction number 29 of the General Instructions to Offerors. Offeror understands that the Owner reserves the right to reject any or all proposals and to waive any formality in the proposing. The Offeror agrees that this proposal shall be good for a period of sixty 60 calendar days after the scheduled closing time for receiving proposals. The undersigned Offeror hereby declares that he has visited the site of the work and has carefully examined the plans, specifications and contract documents pertaining to the work covered by this proposal, and he further agrees to commence work on the date specified in the written notice to proceed, and to substantially complete the work on which he has proposed; as provided in the contract documents. ( Offerors are required, whether or not a payment or performance bond is required, to submit a cashier's check or certified check issued by a bank satisfactory to the City of Lubbock, or a proposal bond from a reliable surety company, payable without recourse to the order of the City of Lubbock in an amount not less than five percent (5%) of the total amount of the proposal submitted as a guarantee that offeror will enter into a contract, obtain all required insurance policies, and execute all necessary bonds (if required) within ten (10) days after notice of award of the contract to him. Offeror's Initials 7R REVISED Enclosed with this proposal is a Cashier's Check or Certified Check Enclosed with this proposal is a Cashier's Check or Certified Check for Dollars ($ ) or a Proposal Bond in the sum of Dollars ($ ), which it is agreed shall be collected and retained by the Owner as liquidated damages in the event the proposal is accepted by the Owner and the undersigned fails to execute the necessary contract documents, insurance certificates, and the required bond (if any) with the Owner within ten (10) business days after the date of receipt of written notification of acceptance of said proposal; otherwise, said check or bond shall be returned to the undersigned upon demand. Offeror understands and agrees that the contract to be executed by Offeror shall be bound and include all contract documents made available to him for his inspection in accordance with the Notice to Offerors. Pursuant to Texas Local Government Code 252.043(g), a competitive sealed proposal that has been opened may not be changed for the purpose of correcting an error in the proposal price. THEREFORE, ANY CORRECTIONS TO THE PROPOSAL PRICE MUST BE MADE ON THE PROPOSAL SUBMITTAL FORM PRIOR TO PROPOSAL OPENING. (Seal if Offeror is a Corporation) ATTEST: Secretary Offeror acknowledges receipt of the following addenda: Addenda No. Date. Addenda No. Date Addenda No. Date Addenda No. Date Date: Authorized Signature (Printed or Typed Name) Company Address City, County State Zip Code Telephone: Fax: Email: FEDERAL TAX ID or SOCIAL SECURITY No. M/WBE Finn: Woman Black American Native American Hispanic American Asian Pacific American Other (Specify) i_ j 8R PART 1 -GENERAL SCOPE SECTION 01020-R MEASUREMENT AND PAYMENT The following sections shall be used to define measurements and payments for this project. The unit price bid on each item as stated in the bid proposal shall include furnishing all labor, superintendence, machinery, equipment, and materials except as otherwise specified, necessary or incidental to complete the various items of work in accordance with the plans and specifications. Cost of work or materials shown on the plans or called for in the specifications and on which no separate payment is made shall be included in the bid prices on the various pay items. Payment will not be made for any item that is not complete, including all associated incidental work. Only those items indicated on bid documents and plan sheets will be included for construction and payment. PAY ITEMS PAY ITEM NO. 1 - MOBILIZATION A. The cost for mobilization shall be limited to no more than 5% of the Contract amount for construction items (materials and labor) bid for this project. B. Mobilization shall include costs associated with move -in related equipment and labor, bid bond, performance and construction bonds and insurance related for this project. This would include the establishment and removal of offices, plants and facilities, movement of personnel, equipment, and supplies to and from the project or the vicinity of the project site to begin work or complete work on Contract Items. This Item will be measured by the lump sum as the work progresses. C. Payment. Partial payments of the lump sum bid for mobilization will be as follows. The adjusted Contract amount for construction Items as used below is defined as the total Contract amount less the lump sum for mobilization. l . Payment will be made upon presentation of a paid invoice for the payment bond, performance bond, and required insurance. The combined payment for bonds and insurance will be no more than 10% of the mobilization lump sum. 3. When 1 % of the adjusted Contract amount for construction Items is earned, 50% of the i mobilization lump sum bid will be paid. Previous payments under this Item will be t. ` deducted from this amount. 4. When 5% of the adjusted Contract amount for construction Items is earned, 75% of the mobilization lump sum bid will be paid. Previous payments under the Item will be deducted from this amount. j 063126016 MEASUREMENT AND PAYMENT 01020-R - 1 Mar- 17 i-' 5. When 10% of the adjusted Contract amount for construction Items is earned, 90% of the mobilization lump sum bid will be paid. Previous payments under this Item will be deducted from this amount. C-1 6. Payment for the remainder of the lump sum bid for "Mobilization" will be made on the final estimate after final acceptance of the project. PAY ITEM NO. 2 - LIFT STATION SITE WORK, WET WELL, VALVE VAULT, AND ELECTRICAL CONTROLS: Measurement for payment for this item shall be on a lump sum basis. This item shall consist of the work, labor and materials required for the installation of the lift station including: submersible pumps with appurtenances, valves, internal and external piping, bypass piping and valves, fittings, hatches, safety nets, line connections, lift station structure, wet well concrete pad, driveway, lift station site gravel, perimeter fence, swing gate, backfill, site grading, site work, all equipment, materials and services required in accordance with the Contract Documents for the project. Related site work includes excavation and grading, groundwater/surface water control, backfilling, proper removal of excess unwanted materials and site restoration. Additional labor items include hydrostatic testing of the wet well, startup and lift station testing. It is the intent of this pay item to include all incidental work, labor, and materials necessary to complete the work described in the plans and specifications, which is not specifically covered by the other pay items. Contractor shall submit a Schedule of Values per the General Conditions for this item. PAY ITEM NO. 3 —12-INCH PVC SEWER PIPE (SDR 26) BY OPEN CUT (VARIOUS DEPTHS) This pay item shall consist of all work, labor, materials, equipment, and incidentals necessary to install the above referenced PVC sewer pipe by open cut at various depths measured to the flow line including, but not limited to, temporary plugs and above ground markers as shown in the plans and described in the technical specifications. Measurement for payment shall be on a linear foot basis. PAY ITEM NO. 4 — 12" AWWA C-900 DR-18 PVC WATER PIPE (FOR SEWER, GREEN COLOR) BY OPEN CUT This bid item includes force main installation and furnishing of all labor, materials, tools, equipment and incidentals necessary to complete the work, including but not limited to installing 12" Dia. C900 DR-18 PVC Force Maui Pipe (all joints restrained) by Open Cut; polywrap on fittings and iron pipe; mechanical restraint; blocking; excavation; embedment; backfill; removal of existing underground pipe and all other obstructions; disposal of surplus material; pavement patch. This item also consists of all the work, labor, materials and equipment necessary to furnish and complete the installation of the valves outside of the valve vault. The valves shall include mechanical restraint, connection type as noted on the plans, polywrap, roadway box, cover, extension pipe, pad supports, and all other items described in the detail. This bid item also includes furnishing the bypass quick connect. f� r -1 063126016 MEASUREMENT AND PAYMENT 01020-R - 2 Mar-17 1 Payment for force main shall include any and all extra precautions or construction requirements necessary to adequately protect and support existing utilities. Payment for force main shall include all costs required to have utility companies, or other parties, repair any damage inflicted to their lines by the Contractor and any cleanup, property damages, fines, etc. resulting from damage inflicted to any utility line by the Contractor. The Contractor is responsible for any damage to existing fences. Additional compensation for additional damage to existing fences is not included in the Project. This item shall consist of all the work, labor, equipment, and materials required to locate and connect the proposed sanitary sewer force main to the existing sanitary sewer force main at the location shown on the plans. Payment shall include the work and materials to make the connection including all ductile iron fittings, valves, and cut and plug locations. PAY ITEM NO. 5 — 12" AWWA C-900 DR-18 PVC WATER PIPE (FOR SEWER, GREEN COLOR) AND 20" STEEL CASING PIPE (BY BORE) This pay item shall consist of all work, labor, materials, equipment, and incidentals necessary to completely install 12-inch C-900 DR-18 PVC sewer pipe and 20-inch steel casing pipe, but not limited to, casing spacers or steel skids, grout, and end seals as shown in the plans and described in the technical specifications. Measurement for payment shall be on a linear foot basis. PAY ITEM NO. 6 & 8 — 5-FOOT DIA. (STANDARD AND DROP) CONCRETE MANHOLE This item shall consist of the work, labor, and materials necessary for installing a 5-foot Diameter standard/drop concrete manhole as shown on the plans and conform to City of Lubbock Standard Specifications. This item shall include an epoxy liner per Specification 02906. Other approved manhole types may be bid. Measurement for payment for manholes shall be on a per each basis. PAY ITEM NO. 7 & 9 — EXTRA DEPTH FOR 5-FOOT DIA. (STANDARD AND DROP) CONCRETE MANHOLE RISER This item shall consist of the work, labor, and materials necessary for installing a 5-foot Diameter standard/drop concrete manhole at depths greater than 6-foot. Manhole depth shall be measured from proposed rim elevation to flow line as shown in the plans. This item shall include an epoxy liner per Specification 02906. Payment for extra depth shall be on a vertical foot basis. PAY ITEM NO. 10 — CONNECT PROPOSED SANITARY SEWER PIPE TO EXISTING MANHOLE This pay item shall consist of all work, labor, materials, equipment, and incidentals necessary to 4 connect all proposed sanitary sewer pipe to an existing manhole at the locations and grades shown on the plans. Measurement for payment shall be on a per each basis. PAY ITEM NO. 11 — VACUUM TESTING OF SANITARY SEWER MANHOLES This pay item shall consist of all work, labor, materials, equipment, and incidentals necessary to perform vacuum testing of all sanitary sewer manholes in accordance with the technical specifications. Measurement for payment shall be on a per each basis. 063126016 MEASUREMENT AND PAYMENT 01020-R - 3 Mar-17 �.X PAY ITEM NO. 12 — POST CONSTRUCTION CLEANING AND TV INSPECTION This pay item shall consist of all work, labor, materials, equipment, and incidentals necessary to perform post construction television inspection of all sanitary sewer lines in accordance with the technical specifications. Measurement for payment shall be on a linear foot basis. PAY ITEM NO. 13 — TRENCH SAFETY SYSTEM This pay item shall consist of all work, labor, materials, equipment, and incidentals necessary to completely furnish, install and remove a trench safety system as required at the various depths indicated. The Contractor is reminded that he must fully comply with OSHA requirements in all cases and no separate payment will be made for such compliance. Measurement for payment shall be on a linear foot basis. PAY ITEM NO. 14 — TEMPORARY EROSION, SEDIMENT, AND WATER POLLUTION PREVENTION AND CONTROL The unit price bid shall include furnishing and installing all materials, filing Notice of Intent/Termination forms, inspections, maintenance, silt fences, hay bales, sand bags, biodegradable logs, construction entrance/exit, diversion swales and any other measure and/or incidentals required for compliance with NPDES Permit. Payment will be made at the unit price bid per lump sum for the Storm Water Pollution Prevention Plan. Partial payment will be made on a pro-rata basis as a percentage of the construction contract duration. The sum of the partial payments made for storm water pollution prevention shall not exceed 90% of the lump sum price bid for storm water pollution prevention prior to the termination of the construction contract. No partial payment will be made for partial storm water pollution prevention measures. Payment shall not be made for this item where the Owner determines a lack of evidence that storm water pollution prevention measures were used, or that the measures installed do not meet the requirements of the plans. No additional payments will be allowed where storm water pollution prevention is required because of work being remedied due to not meeting the requirements of the plans and specifications. PAY ITEM NO. 15 — DUCTILE IRON FITTINGS The unit price bid shall include furnishing and installing all materials, and incidentals necessary to install required ductile iron fittings, including joint -restraint fittings complete in place. All work shall be performed in accordance with City of Lubbock Standard Water Specifications Section 5.6. Measurement for payment shall be on a per ton basis. PAY ITEM NO. 16 — 2" COMBINATION AIR RELEASE VALVE The unit price bid shall include furnishing and installing all materials, and incidentals necessary to install required 2-inch combination air release valves. All work shall be performed in accordance with Specification 02643. Measurement for payment shall be on a per each basis. 063126016 Mar-17 MEASUREMENT AND PAYMENT (I 01020-R - 4 L PAY ITEM NO. 17 — ABANDON LIFT STATION The unit price bid shall include all provisions necessary to remove the lift station, including but not limited to removal of pumps, piping, electrical equipment, SCADA equipment, all above ground features, fencing, and cutting and plugging the force main. All lift station equipment shall be inspected by City staff and determined which equipment will be hauled to the City storage t yard and which equipment will be discarded. This shall be included in the cost of this pay item. After connection to proposed lift station is complete and all equipment has been removed, the existing wet well and dry well, including any manhole rings and covers, shall be cut down 6-feet below existing grade and filled with flowable fill or cement slurry per City of Lubbock Standards. Measurement for payment shall be on a lump sum basis. PAY ITEM NO. 18 — TRAFFIC CONTROL Payment will be made at the unit price bid per month for traffic control measures actually installed in accordance with Division 1 Section 01555. Partial payment will be made on a pro- c rata basis as a percentage of the construction contract duration. The sum of the partial payments made for traffic control shall not exceed 90% of the extended bid price for traffic control prior to the termination of the construction contract. No partial payment will be made for partial traffic 1. control measures. Payment shall not be made for this item where the Owner determined a lack of evidence that the traffic control was used, or that the measures installed do not meet the requirements of the plans. No additional payments will be allowed where traffic control is required because of work being remedied due to not meeting the requirements of the plans and V__ specifications. PAY ITEM NO. 19 — CONCRETE PAVEMENT REPAIR Payment will be made at the unit price per square yard. This item shall consist of the work, labor and materials required to provide concrete pavement repair including furnishing and installing the surface and base courses per City standard specifications. All pavement shall be neatly saw -cut. Maximum measurement width of repair shall not exceed five (5) feet. If this quantity is exceeded, the cost of the extra concrete pavement repair shall be borne by the Contractor. All work shall be performed in accordance with Division 2 Section 02221 — Removing Existing Pavements. PAY ITEM NO. 20 — ASPHALT PAVEMENT REPAIR Payment will be made at the unit price per square yard. This item shall consist of the work, labor and materials required to provide asphalt pavement repair including furnishing and installing the ._- surface and base courses per City standard specifications. All pavement shall be neatly saw -cut. Maximum measurement width of repair shall not exceed five (5) feet. If this quantity is exceeded, the cost of the extra asphalt pavement repair shall be borne by the Contractor. All work shall be performed in accordance with Division 2 Section 02221 — Removing Existing Pavements. i` 063126016 MEASUREMENT AND PAYMENT 01020-R - 5 Mar-17 PAY ITEM NO. 21 — CONCRETE SIDEWALK REPAIR Payment will be made at the unit price per linear foot. This item shall consist of the work, labor and materials required to provide concrete sidewalk repair including furnishing and installing the surface and base courses per City standard specifications. All pavement shall be neatly saw -cut. This item includes sidewalks of various widths. All work shall be performed in accordance with Division 2 Section 02221 — Removing Existing Pavements. PAY ITEM NO. 22 — CONCRETE ALLEY REPAIR Payment will be made at the unit price per square yard. This item shall consist of the work, labor and materials required to provide concrete alley repair including furnishing and installing the surface and base courses per City standard specifications. All pavement shall be neatly saw -cut. All work shall be performed in accordance with Division 2 Section 02221 — Removing Existing Pavements. PAY ITEM NO. 23 — HYDROSEED Measurement will be made of the area, in square yards, of hydroseed shown on plans. Hydroseed will be paid for at the unit price bid per square yard. The unit price bid shall include spreading topsoil, fertilization, watering, maintenance, and all incidentals necessary to complete the work. All work shall be performed in accordance with Division 2 Section 02920 — Lawns and Grasses. PAY ITEM NO. 24 — CONCRETE CURB AND GUTTER REPAIR Payment will be made at the unit price per linear foot. This item shall consist of the work, labor and materials required to provide neat secure concrete curb and gutter repair. Concrete curb and gutter repair shall conform to city standards. All work shall be performed in accordance with Division 2 Section 02221 — Removing Existing Pavements. PAY ITEM NO. 25 —ROCK RIPRAP/GABION REPAIR (12") Measurement will be made of the area, in square yards, of concrete riprap actually constructed. Payment will be made at the unit price bid per square yard specified on plans. The unit price bid shall include furnishing and installing all materials, excavation, filling, backfilling, toewalls, reinforcement, forming, finishing, jointing, and all incidentals necessary to complete the work. All work shall be performed in accordance with City of Lubbock Standard Street Specifications Section 8.7. PAY ITEM NO. 26 — CUT AND PLUG EXISTING 8" FORCE MAIN The unit price bid shall include furnishing and installing all materials, and incidentals necessary to cut and plug the existing force main complete in place. All work shall be performed in accordance with City of Lubbock Standard Water and Sanitary Sewer Specifications. Measurement for payment shall be on a per each basis. 063126016 Mar-17 MEASUREMENT AND PAYMENT 01020-R - 6 � � / PART 2-PRODUCTS Not Used � PART] -EXECUTION Not Used \� : END OF SECTION 010 ƒk � \� � \. { � [\ � \^ C, � � � \\ (_ R, (` 063126016 MEASUREMENT AND PAYMENT 010 0-k-7 Ma! !7 L° � P), DIVISION 16 — ELECTRICAL 063126016 DIVISION 16 — ELECTRICAL Sep-16 f SECTION 16010 LIFT STATION ELECTRICAL GENERAL PROVISIONS PART I - GENERAL 1.1 GENERAL CONDITIONS A. The General Conditions and Requirements, Special Provisions, are hereby made a part of this Section. B. The Electrical Drawings and Specifications under this Section shall be made a part of the Contract Documents. The Drawings and Specifications of other sections of this contract, as well as supplements issued thereto, information to bidders and pertinent documents issued by the Owner's Representative are a part of these Drawings and Specifications and shall be complied with in every respect. All the above documents will be on file at the office of the Owner's representative and shall be examined by all the bidders. Failure to examine all documents shall not relieve the responsibility or be used as a basis for additional compensation. C. Contractor shall furnish all work, labor, tools, superintendence, material, equipment and operations necessary to provide for a complete and workable electrical system as defined by the Contract Documents. D. It is the intent of the Contract Documents that upon completion of the electrical work, the entire system shall be in a finished, workable condition. E. All work that may be called for in the Specifications but not shown on the Drawings, or, all work that may be shown on the Drawings but not called for in the Specifications, shall be performed by the Contractor as if described in both. Should work be required which is not set forth in either document, but which work is nevertheless required for fulfilling of the intent thereof, then the Contractor shall perform all work as fully as if it were specifically set forth in the Contract Documents. F. The definition of terns used throughout the Contract Documents shall be as specified by the following agencies: 1. Underwriters Laboratories 2. National Electrical Manufacturers Association 3. American National Standards Institute 4. Insulated Power Cable Engineers Association 5. National Electrical Code 6. National Fire Protection Association G. The use of the terms "as (or where) indicated", "as (or where) shown", "as (or where) specified", or "as (or where) scheduled" shall be taken to mean that the reference is made to the Contract Documents, either on the Drawings or in the Specifications, or both documents. H. The use of the words "furnish", "provide", or "install" shall be taken to mean that the item or facility is to be both furnished and installed under Division 16, unless stated to the contrary that the item or facility is to be either furnished under another Division or under another 063126016 LIFT STATION ELECTRICAL GENERAL PROVISIONS 16010 - 1 Sep-16 Contract, furnished under this Division and installed under another Division or under another Contract, or furnished and installed under another Division or under another Contract. 1.2 PERMITS AND CODES A. Secure all permits, licenses, and inspection as required by all authorities having jurisdiction. Give all notices and comply with all laws, ordinances, rules, regulations and contract requirements bearing on the work. B. The minimum requirements of the electrical system installation shall conform to the latest edition of the National Electrical Code as well as state and local codes. C. Codes and ordinances having jurisdiction and specified codes shall serve as minimum requirements, but, if the Contract Documents indicate requirements which are in excess of those minimum requirements, then the requirements of the Contract Documents shall be followed. Should there be any conflicts between the Contract Documents and codes, or any ordinances, report these with bid. PART2-PRODUCTS 2.1 STANDARDS A. All materials and equipment shall conform to the requirements of the Contract Documents. They shall be new, free from defects, and they shall conform to the following standards where these organizations have set standards: 1. Underwriters Laboratories (UL) 2. National Electrical Manufacturer's Association (NEMA) 3. American National Standards Association (ANSI) 4. Insulated Cable Engineers Association (ICEA) B. All material and equipment of the same class shall be supplied by the same manufacturer, unless specified to the contrary. C. All products shall bear UL labels where standards have been set for listing. All other products t 1 shall be UL labeled. Motor control centers, switchboards, and switchgear shall have UL labels by the manufacturer. Custom panels, modified motor starters, control panels, and instrument panels and the like shall be manufactured by a fabricator approved as a UL508A shop and shall bear a UL 508A (UL Industrial Control Panel) label. D. When the Contractor provides a product for this project he shall be bound by the terms and conditions of the Contract Documents and he shall agree to warrant and to be liable for the merchantability and fitness of his product to the applications to which his product is applied under the Contract Documents. 2.2 SHOP DRAWINGS AND SUBMITTALS l A. Shop drawings and submittals shall comply with Section 01340. 1 063126016 LIFT STATION ELECTRICAL GENERAL PROVISIONS 16010 - 2 Sep-16 PART 3 - EXECUTION 3.1 CUTTING AND PATCHING A. Cutting and patching required under this section shall be done in a neat workmanlike manner. Cutting lines shall be uniform and smooth. B. Use concrete saws for large cuts in concrete and use core drills for small round cuts in concrete. C. Where openings are cut through masonry walls, provide lintel or other structural support to protect the remaining masonry. Adequate support shall be provided during the cutting operation to prevent damage to masonry. D. Where large openings are cut through metal surfaces, attach metal angle around the opening. E. Patch concrete openings that are to be filled with nonshrinking cementing compound. Finish concrete patching shall be troweled smooth and shall be uniform with surrounding surfaces. 3.2 WATERPROOFING Provide waterproof flashing for each penetration of exterior walls and roofs. 3.3 CONSTRUCTION REQUIREMENTS A. Except where specifically noted or shown, the locations and elevations of equipment are approximate and are subject to small revisions as may prove necessary or desirable at the time the work is installed. Locations changed substantially from that shown on the drawings shall be confirmed with the Engineer in advance of construction. B. Where equipment is being furnished under another Division, request from Engineer an accepted drawing that will show exact dimensions of required locations or connections. Install the required facilities to the exact requirements of the accepted drawings. C. All work shall be done in the best and most workmanlike manner by qualified, careful electricians who are skilled in their trade. The standards of work required throughout shall be of the first class only. D. Unless shown in detail, the Drawings are diagrammatic and do not necessarily give exact details as to elevations and routing of raceways, nor do they show all offsets and fittings; nevertheless, install the raceway system to conform to the structural and mechanical conditions of the construction. E. Holes for raceway penetration into sheet metal cabinets and boxes shall be accurately made with an approved tool. Cutting openings with a torch or other device that produces a jagged, rough cut will not be acceptable. F. Cabling inside equipment shall be carefully routed, trained and laced. Cables so placed that they obstruct equipment devices will not be acceptable. G. Equipment shall be set level and plumb. Supporting devices installed shall be set and so braced that equipment is held in a rigid, tight -fitting manner. 063126016 LIFT STATION ELECTRICAL GENERAL PROVISIONS 16010 - 3 Sep-16 3. 4 EQUIPMENT PROTECTION A. Provide suitable protection for all equipment, work and property against damage during construction. B. Assume full responsibility for material and equipment stored at the site. C. Conduit openings shall be closed with caps or plugs during installation and made watertight. All outlet boxes and cabinets shall be kept free of concrete, plaster, dirt and debris. D. Equipment shall be covered and tightly sealed against entrance of dust, dirt and moisture. 3.5 COOPERATION WITH WORK UNDER OTHER DIVISIONS A. Cooperate with all other trades so as to facilitate the general progress of their work. Allow all other trades every reasonable opportunity for the installation of their work and the storage of their materials. B. The work under this section shall follow the general building construction closely. Set all pipe sleeves, inserts, etc., and see that openings for chases, pipes, etc.., are provided before concrete is placed or masonry installed. C. Work with other trades in determining exact locations of outlets, conduits, fixtures, and pieces of equipment to avoid interference with lines as required to maintain proper installation of other work. D. Make such progress in work that will not delay the work of other trades. Schedule the work so that completion dates as established by the Engineer are met. Furnish sufficient labor or work overtime to accomplish these requirements if directed to do so. p 3.6 INSTALLATION OF WORK UNDER ANOTHER DIVISION A. Verify the electrical capacities of electrical equipment furnished under other sections, or furnished by the Owner, and request wiring information from the Engineer if wiring requirements are different from that specified under this Section. Do not make rough -ins until equipment verification has been received. B. Install transformer/panels, controllers, terminal boxes, pilot devices, and miscellaneous items of electrical equipment that are not integrally mounted with the equipment furnished under other divisions. All such equipment shall be securely mounted and adequately supported in a neat and workmanlike manner. 3.7 CHANGE ORDERS A. In the event change orders are prepared, they shall each be itemized as to quantities in addition to labor, materials, and overhead. B. Pricing of change orders shall be done in compliance with the latest edition of "Means Electrical Cost Data" and pricing shall not exceed values tabulated therein. 3.8 CLEAN-UP 063126016 LIFT STATION ELECTRICAL GENERAL PROVISIONS 16010 - 4 Sep-16 i A. Remove all temporary labels, dirt, paint, grease and stains from all exposed equipment. Upon completion of work, clean equipment and the entire installation so as to present a first class job suitable for occupancy. No loose parts or scraps of equipment shall be left on the premises. B. Equipment paint scars shall be repaired with paint kits supplied by the equipment manufacturer or with an approved paint. C. Clean interiors of each item of electrical equipment. At completion of work all equipment interiors shall be free from dust, dirt and debris. 3.9TESTS A. Test all systems furnished under Division 16 and repair or replace all defective work. Make all necessary adjustments to the systems and instruct the Owner's personnel in the proper operation of the system. B. Make all circuit breaker and protective relay adjustments and settings. C. Make the following minimum tests and checks prior to energizing the electrical equipment: 1. Check all wire and cable terminations for tightness. 2. Test all wiring as specified in 16120. 3. Test grounding system as specified in Section 16450. 4. Set all transformer taps as required to obtain the proper secondary voltage. 5. Carefully check all interlocking, control and instrument wiring for each system to ascertain that the system will function properly as indicated by schematics, wiring diagrams or as specified herein. 6. Mechanical inspection of all low voltage circuit breakers, disconnect switches, motor starters, control equipment, etc. for proper operation. 7. Provide all instruments and equipment required for the above tests. 3.10 RECORD DRAWINGS A. At the start and during the progress of the job, keep one separate set of blue -line prints for making construction notes and mark-ups. B. Show conduit routing and wiring runs as constructed and identify each. C. Record all deviations from the Contract Documents. D. Submit set of marked -up drawings for review. The final payment will not be made until the review is complete. END OF SECTION 063126016 LIFT STATION ELECTRICAL GENERAL PROVISIONS 16010 - 5 Sep-16 SECTION 16110 LIFT STATION RACEWAYS PART 1- GENERAL 1.1 SCOPE A. This section shall include raceways, enclosures, supporting devices ancillary fittings and appurtenances. Furnish and install the complete raceway systems as shown on the Drawings and as specified herein. B. Raceway is a broad -scope term that shall be defined by the National Electrical Code under Article 100. 1.2 APPLICATIONS A. Except as otherwise shown on the Drawings, or otherwise specified, all underground and in -slab conduit raceways shall be shall be made with schedule 40 PVC. Bends to grade shall be made with plastic coated rigid galvanized steel conduit. B. Except as otherwise shown on the Drawings, or otherwise specified, all outdoor exposed power, control, and instrumentation, signal, and communication conduit shall be rigid steel conduit, except where areas are denoted as corrosive or NEMA 4X. In those area furnish plastic coated rigid steel conduit, fittings, and boxes. 1.3 SUBMITTALS AND SHOP DRAWINGS A. Process catalog submittals for the following: 1. Plastic Jacketed Rigid Steel Conduit 2. Rigid Non -Metallic Conduit 3. Liquid -tight Flexible Conduit 4. Liquid -tight Fittings 5. Conduit Bushings 6. Conduit Bodies 7. Conduit Sealing Fittings 8. Expansion -Deflection Fittings 9. Expansion Fittings 10. Cast Metal Boxes 11. NEMA 4X J-Boxes 12. Tape Products 13. Wiring Devices 14. Supporting Devices 15. Labels 16. Grounding Devices 17. Foam Sealant 18. Conduit End Bell Fittings 063126016 LIFT STATION RACEWAYS 16110 - 1 Sep-16 PART 2 - PRODUCTS 2.1 RACEWAYS A. Rigid metallic aluminum conduit shall be manufactured of 6063 alloy, T-1 temper, with no more than 0.02% copper content. All conduit couplings shall be threaded aluminum. All such conduit shall be listed with UL and comply with UL-6 and ANSI C80.5. Aluminum conduit shall be Easco, Indalex or equal. B. Rigid metallic steel conduit shall be hot -dip galvanized inside and outside and over threads. All such conduit shall comply with U.L. Standard UL-6, Federal Specification WWC-581-D, ANSI C90.1, and NEMA RN1-1980. Furnish Wheatland, Allied or equal. C. Plastic coated rigid steel conduit shall consist of rigid steel body that complies with above specifications for rigid metallic steel conduit, plus conduit shall have 40 mil thick heat -fused PVC over outside and 2 mil coat of fully catalyzed phenolic inside. The inside coat shall have the chemical resistance of the outer coating and shall not dissolve in lacquer thinner. All couplings shall be equipped with PVC sleeves that extend one pipe diameter or 2", whichever is less, beyond the end of the coupling. All plastic coated conduit shall conform to NEMA Standard #RNI-1974 (Type A) and such conduit shall be Robroy "Plastibond Red", or equal. D. Non-metallic rigid conduit shall be Schedule 40 PVC. Such conduit shall be UL listed for 90 degrees C and shall conform to NEMA TC-2 and UL-651 standards. Furnish Carlon, Cantex, or equal. Furnish manufacturer's approved solvent for joining couplings. E. Liquid -tight flexible conduit shall consist of hot -dipped galvanized, flexible interlocking steel core with thermoplastic cover, integral copper ground wire (through 1-1/4" trade size) and shall be Anaconda Sealtite or equal. 2.2 CONDUIT FITTINGS A. NEMA 4 locknuts for rigid metallic conduit shall consist of galvanized steel body with neoprene sealing ring. Furnish Crouse -Hinds, T&B, or equal. B. NEMA 1 locknuts for rigid metallic conduits shall be galvanized steel for use with galvanized steel conduit and hardened aluminum for use with aluminum conduit. C. Conduit field -applied hubs for sheet metal enclosures shall be aluminum body with recessed neoprene sealing ring, threaded NPT insert, and shall be, T&B 370 AL series, or equal products by OZ/Gedney. D. Conduit hubs for non-metallic enclosures shall be fiberglass polyester reinforced with galvanized steel core, complete with locknut and grounding bushing. All such hubs shall be Crouse -Hinds Type NHU, or equal. E. Rigid metallic conduit chase nipples, split couplings, slip fittings, unions, reducers, and enlargers, shall be hot -dip or mechanically galvanized malleable iron. F. Rigid metallic conduit short els and long els shall be hot -dip galvanized malleable iron with NPT threaded hubs and male ends. Throats shall be smooth and free from burrs. All such fittings shall be OZ/Gedney Type "9" Series, Appleton, or equal. --- 063126016 LIFT STATION RACEWAYS 16110 - 2 Sep-16 G. Rigid metallic conduit split couplings shall have threaded body with split tightening shelves with neoprene sandwich. Furnish malleable iron mechanically galvanized body. Such fittings shall be OZ type "SSP", or equal. H. Rigid metallic conduit grounding bushings shall be aluminum body with threaded hub, bakelite insulated throat, and tin-plated copper ground lug. Furnish OZ/Gedney type ABLG, or equal. I. Liquid -tight flexible conduit fittings shall be hot -dip galvanized steel body with internal locking ring and ground cone plus external ground wire fitting. Furnish straight or angle connectors as required. All such connectors shall be OZ/Gedney 4Q series, or equal. J. Rigid metallic conduit expansion/deflection fittings shall consist of galvanized malleable iron hubs with heat -fused epoxy coating, flexible neoprene joining sleeve banded to hubs with stainless steel bands, and with internal bonding jumper and guide cones. Furnish Crouse -Hinds type "XDHF" or equal. K. Rigid metallic conduit expansion fittings shall consist of metallic barrel joined to hubs at each end. One hub shall be threaded to barrel and other hub shall have slip fit to allow up to four (4") inches of conduit lateral movement. Provide external bonding jumper for each expansion joint. Furnish Crouse -Hinds type "XJ", OZ Type "AX", or equal. L. Conduit waterstops for sealing inside of conduit runs shall consist of aluminum pressure discs with sandwiched neoprene seal and with 316 stainless steel hardware. Furnish OZ/Gedney type "CS" series products, as indicated. 2.3 CONDUIT BODIES AND BOXES A. Conduit bodies such as "C", "LB", "T" and the like pulling fittings shall be zinc coated with malleable iron or aluminum (material shall match conduit). Covers for damp and/or wet location use shall be gasketed cast metal with "wedge -nut" clamps. Covers for dry locations shall be cast aluminum and hardware shall be 316 stainless steel. All covers shall be equipped with clamp type clevises. Furnish Crouse -Hinds Form 7, or Appleton Form "FM7" products. B. Conduit bodies for use in corrosive areas shall be as specified above but shall have 40 mil plastic coated PVC jacket and 2 mil interior coating as specified for plastic coated rigid steel conduit. Furnish Robroy Plasti-bond Red fittings or equal. C. Conduit bodies such as "GUA", "GUAT", "GUAL", and the like pulling/splicing fittings shall be cast aluminum with threaded cast aluminum covers. All such conduit bodies shall be Killark "GE" series, or equal products by Crouse -Hinds or Appleton. D. Cast metal outlet boxes, pullboxes, and junction boxes whose volume is smaller than 100 cubic inches, and cast metal device boxes, shall be sand-cast, copper -free aluminum or zinc coated sand-cast malleable iron. All boxes shall have threaded hubs. Furnish Crouse -Hinds "FD" style condulets, Appleton "FD" style Unilets, or equal. E. Covers for cast metal boxes shall be gasketed cast metal covers with 316 stainless steel screws and shall be suitable for use in wet or damp locations. 2.4 PULL AND JUNCTION BOXES 063126016 LIFT STATION RACEWAYS 16110 - 3 Sep-16 A. Pullboxes and junction boxes whose volume is less than 100 cubic inches shall be furnished as specified hereinbefore except where sheet metal types are shown, in which case, furnish such sheet metal enclosures in NEMA 4X 316 stainless steel construction with gasketed covers of same material. B. Pullboxes and junction boxes whose volume is 100 cubic inches and greater shall be NEMA 4X 316 grade stainless steel type with gasketed stainless steel covers. Provide print pocket and interior back panel for mounting of terminal strips where terminal strips are called for on the drawings. Sheet metal boxes shall be as manufactured by Hoffman or equal. C. Covers for sheetmetal pullboxes and junction boxes over 100 cubic inches (and for smaller sized where shown) shall have hinged doors. All hardware shall be 316 stainless steel. D. Cast metal junction boxes shall be cast aluminum type with gasketed, cast metal covers and with stainless steel cover screws. 2.5 LABELS A. Buried conduit marking tape for marking path of secondary buried conduits shall be four (4") inch nominal width strip of polyethylene with highly visible, repetitive marking 'BURIED CONDUIT" or similar language, repeated along its length. B. Voltage warning labels for cabinets shall be waterproof vinyl strips with adhesive back and shall have "DANGER (VOLTAGE) - DISCONNECT ALL SOURCES OF POWER BEFORE ENTERING". Letters shall be highly visible red color on white background. 2.6 SUPPORTING DEVICES A. Mounting hardware, nuts, bolts, lockwashers, and washers, shall be Grade 304 stainless steel. B. Unless otherwise indicated, channel framing and supporting devices shall be manufactured of ASTM 6063, TO6 grade aluminum; 1-5/8" wide x 3-1/4" deep (double opening type). Clamp nuts for use with channels shall be grade 316 stainless steel. C. Where indicated, furnish grade 316 stainless steel slotted channel members 1-5/8" wide x 1-5/8" deep or 1 5/8" x 3 1/4" deep, double-faced type. All hardware and conduit clamps shall be grade 316 stainless steel. D. Conduit clamp supports for terminating conduits onto cable trays shall be mechanically galvanized malleable iron with adjustable angle clamp. Fittings shall be provided with 316 stainless steel hardware. Furnish OZ/Gedney type CTC products. E. All such channel members and fittments shall be B-Line, Unistrut or equal. F. Conduit straps, and associated nuts, lockwashers and bolts for use with channels shall be 316 stainless steel with 316 stainless steel hardware. Furnish B-Line products or equal. G. After -set concrete inserts (drilled expansion shields "D.E.S.") shall consist of two types. For anchors to accommodate 5/16" diameter bolts and smaller, provide HILTI "HDI" series 304 stainless steel anchors. For anchors to accommodate 3/8" diameter and larger bolts, provide HILTI "HVA" series with 316 stainless steel threaded inserts. -= 063126016 LIFT STATION RACEWAYS 16110 - 4 Sep-16 H. Hanger rod shall be 3/8" minimum diameter Type 316 stainless steel all -thread. I. One hole conduit clamps shall be two piece nest -back or clamp -back type constructed of cast malleable iron or cast copper -free aluminum. The material shall match the conduit. Furnish Crouse -Hinds series 500 clamp and series CB spacer, T&B series 1270/1280 clamp + series 1350 spacer (add suffix "al" for aluminum items for T&B parts), OZ\Gedney 14G clamp + series 141 G spacer + 141NG nestback (if required), or equal. Finish for malleable iron items shall be hot dip galvanized J. Conduit beam clamps shall be hot -dip galvanized malleable iron and shall be as follows: TYPE MANUFACTURER Right Angle OZ/Gedney Type "UBCG", or equal. Parallel OZ/Gedney Type "UPCG", or equal. Edge OZ/Gedney Type "UECG", or equal. K. Hanger rod beam clamps shall be clamp type with hardened steel, bolt, Steel City "500" Series, Crouse -Hinds series "500", or equal. Furnish swivel stud for each rod make- up. L. Conduit "J" hangers shall consist of steel straddle with detachable bolt. Finish shall be electro- galvanized. Furnish Kindorf type "C-149", Unistrut "J-1200" Series, or equal. M. Conduit "U" bolts shall be hot -dip galvanized steel with 316 stainless steel hex -head bolts. N. Equipment stands for supporting devices such as control stations, device boxes and the like, shall consist of a welded structural steel c-channel and plate steel floor plate as detailed on the drawings. Equipment stands shall be hot -dipped galvanized after fabrication. 2.7 MISCELLANEOUS MATERIAL A. Double bushings for insulating wiring through sheet metal panels shall consist of mating finale and female threaded phenolic bushings. Phenolic insulation shall be high -impact thermosetting plastic rated 150 degrees C. Furnish OZ Type "ABB", or equal. B. Conduit pull -cords for use in empty raceways shall be glass -fiber reinforced tape with foot - marked identification along its length. Furnish Thomas, Greenlee, or equal products. C. Conduit thread coating compound shall be conductive, non -galling, and corrosion -inhibiting. Furnish Crouse- Hinds Type "STL", Appleton Type "ST", or equal. D. Plastic compound for field -coating of ferrous material products shall be PVC in liquid form that sets -up semi- hard upon curing. Furnish Rob Roy "Rob Kote", Sedco "Patch Coat", or equal. E. Zinc spray for coating galvanized steel threads shall be Research Laboratory type "LPS", Mobil "Zinc -Spray" or equal conductive zinc -rich spray enamel product. F. Foam sealant for waterproofing uses shall be "AV280 Hydrofoam" by Avanti Internarional of Webster, Texas or equal. 063126016 LIFT STATION RACEWAYS 16110 - 5 Sep-16 PART 3 - EXECUTION 3.1 RACEWAYS A. Install the conduit system to provide the facility with the utmost degree of reliability and maintenance free operation. The conduit system shall have the appearance of having been installed by competent workmen. Kinked conduit, conduit inadequately supported or carelessly installed, do not give such reliability and maintenance free operation and will not be accepted. B. Raceways shall be installed for all wiring runs, except as otherwise indicated. C. Conduit sizes, where not indicated, shall be N.E.C. code -sized to accommodate the number and diameter of wires to be pulled into the conduit. Unless otherwise indicated, 3/4" trade -size shall be minimum size conduit. D. Unless otherwise noted, conduit runs shall be installed exposed. Such runs shall be made parallel to the lines of the structure. Conduit shall be installed such that it does not create a tripping hazard or an obstruction for headroom. E. All runs of rigid conduit shall be threaded, and all male threads shall be coated with non -galling thread compound prior to assembly. F. Plastic coated metallic conduit lengths shall be joined with threaded metallic coupling that shall be each equipped with a 40 mil thickness sleeve that shall extend over the threads of the joined conduit. Each joint shall be watertight. G. Field -cut threads in runs of plastic coated metallic conduit shall be cut with a special die that has rear reamed out oversize so as to slip over plastic coating. Do not attempt to cut threads on plastic coated conduit with regular dies, whereby plastic coating is skinned back to allow the incorrect die to be used. Coat all field -cut threads with cold -galvanizing spray, use two coats to provide 1-mil minimum coating thickness. H. Conduit runs made in concrete pours or surface -mounted runs that are attached to the structure shall be equipped with an expansion/deflection fitting where they cross an expansion joint, or at every 100 feet. I. Unless otherwise shown, conduit penetrations through floors located below enclosures, shall be made each with couplings set flush with the outside faces of the concrete pour. Each pair of couplings shall be joined with a threaded spool piece. Use coated aluminum or galvanized steel couplings. J. Rigid metallic conduit runs shall have their couplings and connections made with screwed fittings and shall be made up wrench -tight. Check all threaded conduit joints prior to wire pull. Coat all male threads with Crouse -Hinds "STL" or equal, conductive lubricant prior to joining. K. All conduit runs shall be watertight over their lengths of run, except where drain fittings are indicated. In which cases, install specified drain fittings. L. Plastic jacketed flexible steel conduit shall be used to connect wiring to motors, limit switches, bearing thermostats, and other devices that may have to be removed for servicing. Unless otherwise indicated, maximum lengths of flex shall be three (3') feet. 063126016 LIFT STATION RACEWAYS 16110 - 6 Sep-16 M. Where plastic jacketed flex is installed, make up terminal ends with liquid -tight flex connectors. In wet locations, install sealing gaskets on each threaded male connector. Each flex connector shall be made-up tightly so that the minimum pull-out resistance is at least 150 lbs. Install external spirally -wrapped ground wire around each run of liquid -tight flex and bond each end to specified grounding -type fittings. N. Empty conduits shall have pull -ropes installed. Identify each terminus as to location of other end and trade size of conduit. Use blank plastic waterproof write -on label and write information on each label with waterproof ink. Pull a mandrel through each conduit to check and clear blockage before installing pull -rope. Owner's representative shall witness test. Provide documentation that all conduits are clear and ready for future use. Cap exposed ends of empty conduit with threaded plugs. O. Conduit runs into boxes, cabinets and enclosures shall be set in a neat manner. Vertical runs shall be set plumb. Conduits set cocked or out of plumb will not be acceptable. P. Conduit entrances into equipment shall be carefully planned. Cutting away of enclosure structure, torching out sill or braces, and removal of enclosure structural members, will not be acceptable. Q. Use approved hole cutting tools for entrances into sheet metal enclosure. Use of cutting torch or incorrect tools will not be acceptable. Holes shall be cleanly cut and they shall be free from burrs, jagged edges, and torn metal. R. All raceways shall be swabbed clean after installation. There shall be no debris left inside. All interior surfaces shall be smooth and free from burrs and defects that would injure wire insulation. 3.2 CONDUIT BODIES AND BOXES A. Conduit bodies such as "LB", "T", "GUAT", etc., shall be installed in exposed runs of conduit wherever indicated and where required to overcome obstructions and to provide pulling access to wiring. Covers for such fittings shall be accessible and unobstructed by the adjacent construction. GUA series pulling bodies rather than LB fittings and the like, shall be used for splicing purposes as well as pulling access. B. Covers for all conduit bodies shall be installed with gasketed cast metal type where located in damp or wet locations. C. All conduit boxes installed whose inside volume is less than 100 cubic inches shall be cast metal type with gasketed cast metal cover, unless otherwise indicated. D. All conduit boxes whose inside volume exceeds 100 cubic inches shall be sheet metal type except where gasketed cast metal type, stainless steel or fiberglass reinforced polyester are indicated. 3.3 RACEWAY SUPPORT A. All raceway systems shall be adequately and safely supported. Loose, sloppy and inadequately supported raceways will not be acceptable. Supports shall be installed at intervals not greater than those set forth by the NEC, unless shorter intervals are otherwise indicated, or unless conditions require shorter intervals of supports. 063126016 LIFT STATION RACEWAYS 16110 - 7.,-j Sep-16 B. Multiple runs of surface mounted conduit on concrete or masonry surfaces shall be supported off the surface by means of aluminum channels. Attach each slotted channel support to concrete surface by means of two (2) 1/4" diameter stainless steel bolts into drilled expansion shields. C. Single runs of surface mounted conduit on concrete or masonry surfaces shall be supported with hot -dipped malleable iron conduit clamps and nest -back spacers. Furnish plastic coated malleable iron conduit clamps and nest backs where corrosive areas are called out. D. Conduit runs that are installed along metallic structures shall be supported by means of hot - dipped galvanized beam clamps as specified herein. 3.4 LABELING A. In addition to labeling requirements as specified throughout this and other Sections, install wiring and raceway labeling as follows: 1. Apply write -on identification to empty conduits to identify each conduit as to terminus of other end and also to identify trade size of conduit. 2. Where active conduits terminate into bottoms of motor control centers, install label on each conduit terminus and show number and size of wiring and function of circuitry and trade size of conduit. END OF SECTION t 063126016 LIFT STATION RACEWAYS 16110 - 8 Sep-16 SECTION 16120 LIFT STATION WIRE AND CABLE PART 1- GENERAL 1.1 SCOPE This section shall include wire and cable, terminating devices, splice kits, labeling, and appurtenances. 1.2 SUBMITTALS AND SHOP DRAWINGS Process catalog submittals for the following: 1. Power and control cable 2. Conductor Connectors 3. Tape Products 4. Labels PART 2 - PRODUCTS 2.1 WIRE AND CABLE A. Conductors for submersible pump power and control cables shall be supplied by the submersible pump supplier and installed in accordance with the suppliers instructions. B. All conductors shall be soft -drawn annealed copper, Class B stranding that meets ASTM B-8 Copper conductors shall be uncoated, except as otherwise specified. C. Single conductor cable for power, control, and branch circuits shall have cross -linked polyethylene insulation, rated for 600 volts. Cable shall be NEC type XHHW. All such cable shall be rated for wet or dry use. Cable insulation shall be color coded with factory pigmented colors below size #6 awg. Color coding shall be as specified under Part 3 of this section. Cable shall be as manufacturered by Southwire or equal. D. Instrument cable for analog circuits, shall be # 16 awg, twisted shielded pairs or triads with PVC insulation and overall jacket. Cable assembly shall be rated for 600 volts, wet or dry locations. Furnish Okonite "Okoseal-N Type P-OS" or approved equal. E. Single conductor cable for 24 volt do control shall be minimum size #16. Furnish MTW type insulation for panel wiring and THWN insulation for field wiring in conduits. F. Grounding and associated upcomers and grounding conductors shall be tin-plated stranded copper. 2.2 CONNECTORS A. Mechanical connectors for 600V class wiring shall be tin-plated copper alloy bolted pressure type with bronze tin-plated hardware. Furnish connectors as follows: 063126016 LIFT STATION WIRE AND CABLE 16120 - 1 Sep-16 TYPE MANUFACTURER & TYPE Single conductor Blackburn LH to flat -plate connector Multiple conductor Blackburn 1,211, L3H, L4H to flat -plate connector Split -bolt connector Blackburn HPS Two -bolt parallel Blackburn 2BPW connector with spacer Cross Connector Blackburn XT Splice Connector Blackburn S Flush ground connector OZ Type "VG" B. Insulated spring wire connectors, "wire -nuts", for small building wire taps and splices shall be plated spring steel with thermoplastic jacket and pre -filled sealant. Connector shall be rated for 600 volts, 75 degrees C continuous. Furnish King Technology, or equal. C. Connectors for control conductor connections to screw terminals shall be crimp -type with vinyl insulated barrel and tin-plated copper ring -tongue style connector. Furnish T&B "Sta-Kon", 3M "Scotchlok", or equal. D. Terminal strips for miscellaneous field terminations of control and instrumentation circuits shall consist of 12 point box lug terminals with marking surface. Terminal assembly shall accept #18 to #12 awg and shall be rated 600 volts. Furnish Allen-Bradley #1492-HJ812 terminal blocks. 2.3 INSULATING PRODUCTS A. Tape products shall be furnished as hereinafter specified and shall be Plymouth/Bishop, 3M, or equal. B. General purpose electrical tape shall be 7 mil thick stretchable vinyl plastic, pressure adhesive type, Plymouth/Bishop Premium I I I Black, 3M Scotch 33+, or equal. C. Insulating void -filling tape and high voltage bedding tape shall be stretchable ethylene propylene rubber with high -tack and fast fusing surfaces. Tape shall be rated for 90 degrees C continuous, 130 degrees C overload, and shall be moisture -proof. Void filling tape shall be Plymouth/Bishop W963 Plysafe, 3M Scotch 23, or equal. is D. High temperature protective tape shall be rated 1800C continuous indoor/outdoor, stretchable, self -bonding silicone rubber. High temperature tape shall be Plymouth/Bishop 20 Plysil, 3M Scotch 70, or equal. E. Insulation putty filler -tape shall be Plymouth/Bishop 125 Filler Tape, 3M Scotchfill, or equal. 063126016 LIFT STATION WIRE AND CABLE 16120 - 2 Sep-16 F. Arc and fireproofing tape shall be Plymouth/Bishop 20 Plysil, 3M Scotch #70 or equal. 2.4 LABELS A. Colored banding tape shall be stretchable vinyl with permanent solid color. Colors shall be as hereinafter specified. Tape shall be Plymouth/Bishop Premium 37, 3M Scotch #35, or equal. B. Numbered wire marking labels shall be PVC sleeve -type markers, T&B, Brady or equal. C. Cable identification ties shall be weather resistant polyester with blank write -on space, T&B, Brady or equal. 2.5 MISCELLANEOUS MATERIAL A. Cable grips shall be grip -type wire mesh with machined metal support. Furnish Kellems, Appleton, or equal products. B. Wire pulling compound shall be non -injurious to insulation and to conduit and shall be lubricating, non -crumbling, and non-combustible. Furnish Gedney "Wire -Quick", Ideal "Yellow" or equal. PART 3 - EXECUTION 3.1 POWER AND CONTROL CABLE A. Power and control conductors shall be sized as shown and where no size is indicated, the conductor size shall be #12 awg for power circuits #14 awg for 120 vac control circuits, and #16 awg for instrumentation circuits. B. Equipment grounding conductors shall be installed with type XHHW or THHN insulated stranded copper conductors and the insulation color shall be green in sizes up to and including #10 awg. C. Color coding shall be as follows. Non -factory color coded cables shall be marked with specified color tape. Use the following colors: 120/208/240V 480V CONDUCTOR SYSTEMS SYSTEMS Phase A or L1 Black Brown Phase B or L2 Red Orange Phase C Blue Yellow Neutral White N/A Ground Green Green 063126016 LIFT STATION WIRE AND CABLE 16120 - 3 Sep-16 D. Branch circuits may be spliced for receptacle, lighting and small appliance load inside appropriate junction boxes. Feeders shall be installed without splice. G. Except as otherwise specified, taps and splices with #10 AWG and smaller, shall be made with insulated spring wire connectors. Such connectors in damp or wet locations shall be waterproofed by filling interstices around wires with silicone rubber and further insulating with an envelope of stretched piece of EPR tape around each wire. Then, apply one-half lapped layer of electrical tape over all. H. Taps, splices, and connections in #8 AWG and larger wires shall be made with copper alloy bolted pressure connectors. Each such connector shall be insulated by means of applying insulation putty over sharp edges so as to present a smooth bonding surface. Next, apply at least four (4) layers, half -lapped each layer of EPR tape. Then, make final wrapping of at least three (3) layers, half -lapped each layer of electrical tape. I. Control wiring connections to stud type and screw type terminals shall be made with ring -tongue type crimp connectors. Label each terminal jacket with wire marking label at each connection. J. Each wire connection shall be made up tightly so that resistance of connection is as low as equivalent length of associated conductor resistance. K. Numbered marking labels shall be installed to identify circuit numbers from panelboards. Install labels on each wire in each panelboard, junction, pullbox and device connection. L. Label each wiring run with write -on waterproof labels inside motor control center. Install write - on label ties around wire group at conduit entrance and write -on label the wire size, conduit size and service. M. Install PVC sleeve type numbered marking on each control wire termination at each terminal strip and at each device. Do this in motor control center, terminal cabinets, safety switches, remote controllers, pilot operators, and instrumentation equipment. Number selected shall correspond to number on terminal strip. N. All wiring inside equipment enclosures shall be neatly trained and laced with nylon tie -wraps. Nylon tie straps shall be trimmed of excess materials and tie straps will present a neat and orderly appearance. 3.2 INSTRUMENTATION WIRING A. All 4-20mA analog pairs shall have shields grounded at the instrumentation panel and insulated on the field end unless otherwise required by instrument supplier. Single point grounding shall be maintained. 3.3 GROUND WIRING A. Each item of equipment shall be adequately and thoroughly grounded. Comply with Article 250 of N.E.C., except where higher standards of grounding have been specified. In addition to 063126016 LIFT STATION WIRE AND CABLE 16120 - 4 Sep-16 requirements as specified under Section 16450, install grounding for general wiring systems as specified herein and as shown on the drawings. B. Equipment grounding conductors (EGC) shall be installed in each run of power and control conduits. These wires shall be green colored in sizes #6 AWG and smaller and green banded in larger sizes. Ground wires shall be type THHN or XHHW insulated copper wires. C. EGC runs into equipment shall be grounded to equipment bus where available, or to equipment ground lugs. D. Where grounding type bushings are installed, bond EGC thereto, and furthermore, ground each bushing lug to equipment ground bus or ground lug, or ground rod. 3.4 LABELING A. In addition to labeling requirements as specified throughout this Section, install wiring and raceway labeling as follows: 1. Apply numbered wire marking labels to control wiring terminations for each termination in each item of equipment. Use PVC sleeve type labels. 2. Apply numbered wire marking labels to power and control wiring terminations in motor control centers, panelboards, and at outlets, to identify circuit numbers. Use PVC sleeve type labels. 3. Apply numbered wire marking labels to ' each signal wire termination in each instrument junction box, and in each item of equipment served by instrumentation circuits. Use PVC sleeve type labels. 4. Apply write -on identification labels to wiring sets in each motor control center, and in each pullbox and junction box. Show wire size, conduit size, and line and load information. Use waterproof plastic write -on labels with nylon tie -wraps. 3.5 TESTING A. Each run of 600V class power and control wiring shall be tested prior to connection of line and load. Make tests with 1000V do hand -crank or motor driven ohmmeter. Each run of wiring shall be tested phase -to -phase and/or phase -to -neutral, and phase -to -ground. Test results for each test shall be equal to or greater than 25,000,000 ohms with 1000V do applied. All tests shall be made in the presence of the Owners representative or Engineer. B. Test all runs of signal wiring with 250V do megger. Insulation values shall meet or exceed 1,000,000 ohms per 100 feet (cable to shield). C. Should any cable or circuit fail to meet the above tests, replace wire and retest. 063126016 Sep-16 END OF SECTION LIFT STATION WIRE AND CABLE 16120 - 5 SECTION 16199 LIFT STATION MISCELLANEOUS PART 1 - GENERAL 1.1 SCOPE A. This section shall include wiring devices, enclosed circuit breakers, and equipment stands B. Furnish and install all such devices and completely connect and wire each device. 1.2 SUBMITTALS AND SHOP DRAWINGS A. Process catalog submittals, and equipment data for the following: 1. Wiring Devices 2. Wiring Device Covers 3. Wiring Device Boxes 4. Combination Transformer Panelboards 5. Enclosed Circuit breakers 6. Manual Transfer Switch 7. Terminal strips 8. Wireways B. Submit shop drawings for equipment stands. PART 2 - PRODUCTS 2.1 WIRING DEVICES A. All wiring devices shall be specification grade and shall meet NEMA WD-1 requirements. Color shall be brown, unless otherwise indicated. B. Cover plates for wiring devices shall be Appleton FSK series unless otherwise noted on the drawings. Boxes shall be Appleton type FD, cast metal, raised -lid type. Furnish integral mounting feet where called for on the drawings. Furnish multi -gang units for two or more switches. C. Furnish the following miscellaneous wiring devices: 1. Single -pole, single -throw, 20A toggle switch shall be Arrow -Hart #1221, or equal. 2. Single -pole, double -throw (three-way) 20A toggle switch shall be Arrow -Hart #1223, or equal. 3. Double -pole, single -throw, 20A toggle switch shall be Arrow -Hart #1222, or equal. D. Receptacles shall each consist of the following: 1. 2-gang FDB cast metal box with raised lids and integrally cast mounting feet. 2. Arrow -Hart 20A/120V corrosion resistant duplex receptacle #5362CR-GRY. 063126016 LIFT STATION MISCELLANEOUS 16199 - 1 l.- Sep-16 3. Arrow -Hart #GF2091M1 GFCI device with Red Dot cast aluminum "While in Use" s weatherrproof flip lid cover. 2.2 TERMINAL STRIPS A. Terminal strips for installation in junction boxes and the like shall be 600 volt, rated for 25 amps with tin- plated copper box lugs. B. Terminal strips for installation in junction boxes and the like shall be 600 volt, rated for greater than 25 amps with tin- plated copper box lugs. C. Furnish Allen-Bradley type 1492-HJ812 or equal in quantities as required for 25 amp requirements. D. Furnish Allen-Bradley type 1492-PDM3111 or equal in quantities as required for greater than 25 amp requirements. 2.3 EQUIPMENT STANDS A. Equipment stands for mounting equipment shall be constructed of structural aluminum members welded together as called for on the drawings. B. Each equipment stands shall be installed with anchor bolts or 3/8" anchors. Furnish grout as indicated on the drawings. 2.4 ENCLOSED CIRCUIT BREAKER A. Enclosed circuit breaker shall be heavy duty, rated 600 volts ac and shall have circuit breaker suitable for 22,000 amp AIC in sizes as indicated on the drawings. B. Enclosed circuit breaker enclosures shall be NEMA 4X type 316 stainless steel. Safety switches for use as service entrance shall be UL listed for service entrance and shall have solid neutral. C. Enclosed circuit breaker enclosure shall be as manufactured by Eaton, General Electric, or approved equal. D. Enclosed circuit breakers used for Service Entrance use shall be UL listed and labeled accordingly. 2.5 COMBINATION TRANSFORMER PANELBOARDS A. Combination transformer panelboards shall consist of a dry type transformer with integrated panelboard. Enclosure rating shall be NEMA 3R. B. Combination transformer panelboards shall be as manufactured by Eaton, Square D, General Electric or approved equal. 2.6 MANUAL TRANSFER SWITCH A. Manual transfer switch shall consist of a three pole, heavy duty, 600 volt rated double throw switch. Enclosure shalll be NEMA 4X and shall be constructed of 316 stainless steel. 063126016 LIFT STATION MISCELLANEOUS 16199 - 2 Sep-16 I B. Transfer switch shall be as manfactured by Square D or approved equal. PART 3 - EXECUTION 3.1 WIRING DEVICES A. Install wiring devices where shown and support each box to panel or stanchion with stainless steel hardware into typical drilled expansion shields. B. Set each wiring device with axis plumb and install with yoke screws so as to adequately support each device. 3.2 TERMINAL STRIPS A. Install terminal strips as hereinbefore specified. Mount to enclosures or backpans with stainless steel hardware. B. Label each terminal directory with numbers corresponding to wire numbers landed. END OF SECTION 063126016 LIFT STATION MISCELLANEOUS 16199 - 3 Sep-16 SECTION 16210 LIFT STATION ELECTRIC UTILITY PART 1 - GENERAL 1.1 SCOPE The lift station be served by Lubbock Power and Light. The service voltage shall be 480 volts, 3 phase, solidly grounded. Contact Kip McCall at 806-775-2573. PART 2 - PRODUCTS 2.1 RACEWAYS Raceways shall be as specified under Section 16110 2.2 WIRE AND CABLE Service wire and cable shall be as specified under Section 16120. 2.3 UNDERGROUND Underground shall be as specified under Section 16410 and as specified herein. PART 3 - EXECUTION 3.1 GENERAL A. Coordinate overhead drop with Lubbock Power and Light. Provide temporary power for construction as required. B. Coordinate with electric utility inspector for inspection of work prior to energization. END OF SECTION 063126016 LIFT STATION ELECTRIC UTILITY 16210 - 1 Sep-16 4 SECTION 16310 LIFT STATION PUMP CONTROL PANEL PART 1 - GENERAL 1.1 SCOPE A. Furnish and install pump control panel as shown on the drawings and specified herein. B. Auxiliary and accessory devices necessary for system operation or performance, such as relays or terminals to interface with other Sections of these Specifications, shall be included. C. Voltage shall be 480 volt three phase 3 wire, solidly grounded. D. The control panel shall be a control system, assembled and supplied by the pump manufacturer containing all of the mechanical and electrical equipment necessary to provide for the complete operation of the submersible pumps 1.2 SUBMITTAL AND SHOP DRAWINGS A. Process catalog data submittals for the following: 1. Pilot lights 2. Pilot operators 3. Control relays 4. Fuses 5. Control Wire 6. Surge protection device 9. Circuit Breakers 10. Terminal Strips 11. Leak and Temperature Module 12. Sub Meg module 13. Float Switches B. Process shop drawings for the pump control panel. C. Submit manufacturer and manufacturer's time current curve for each overcurrent device and overloads used in the motor control starters. Furnish time current curves with shop drawings. 1.3 STANDARDS A. The pump control and starter panel and enclosure shall include a UL 508A (UL Industrial Control Panel) Label representing that the equipment was assembled by and meets the requirements of a UL508A shop. B. All control panels shall be listed by a nationally recognized testing laboratory and apply the certification necessary to indicate the NRTL approval. To insure single source responsibility, the pump, pump motor and control system shall be manufactured by a single source 063126016 LIFT STATION PUMP CONTROL PANEL 16310 - 1 Sep-16 PART 2-PRODUCTS 2.1 2.2 GENERAL A. Pump control panels shall be built to UL 508 standards and shall be rated for 18,000 amps rms symmetrical interrupting capacity at its rated voltage of 480 volts. Reference the electrical drawings for pump control schematics. ENCLOSURES A. The control panel enclosure shall be rated Nema 4X and shall be constructed of 304 stainless steel. A single, three point lockable exterior latch shall be included to allow entry to the panel. Multiple, screw type fasteners are not allowable. A polished inner door shall be mounted on a continuous aluminum aircraft type hinge and shall contain cutouts for the protrusion of the circuit breakers and provide protection of the personnel from internal live voltages. B. All control switches, pilot indicators, elapsed time meters and other devices shall be mounted on the external surface of the dead front. The dead front door shall open a minimum of 150 degrees to allow for access to the equipment for maintenance. A 1/4" break shall be formed around the perimeter of the dead front to provide rigidity. C. A back plate shall be manufactured from 12 gauge sheet steel and be finished with a primer coat and two coats of baked on white enamel. All hardware shall be mounted using stainless steel machine thread screws. Sheet metal screws shall not be acceptable. All installed devices will be permanently identified with engraved legends. 2.3.1 POWER DISTRIBUTION A. The panel power distribution shall include all necessary components and be wired with stranded copper conductors rated at 90 degrees "C". Conductor terminals shall be as recommended by the device manufacturer. B. The power system shall contain incoming power terminals, motor circuit breakers and control circuit breaker. All circuit breakers shall be heavy duty thermal magnetic, equal to Square D type FAL. Each breaker shall be sized to adequately meet the operating conditions of the load and have a minimum interrupting capacity of 10,000 amps at 230 V and 18,000 at 460 V. Breakers shall be indicating type, providing an "on -off -tripped" positions of the handle. They shall be quick make -quick break on manual and automatic operation and have inverse time characteristics. Breakers shall be designed so that tripping of one pole automatically trips all poles. C. A main disconnect shall be included and mounted on the inner door of the control panel. D. Motor starters shall be open frame, across the line, NEMA rated with individual overload protection in each phase. Motor starter contacts and coil shall be replaceable from the front of the starter without removal of the starter from its mounted position. Overload protection shall be 063126016 LIFT STATION PUMP CONTROL PANEL Sep-16 16310 - 2 tvia solid state units, Square D Motor Logic or equal. Definite purpose contactors, fractional size starters and horsepower rated contactors or relays shall not be used. E. A lightning -transient protector shall be provided. The device shall be a solid state device with a response time of less than 5 nano -seconds with a withstanding surge capacity of 6500 amperes. Units shall be instant recovery, long life and have no holdover currents. F. The following components shall also be supplied as standard equipment 1—Control wiring to be 14AWG copper tinned rated at 105 degrees C. 2—Each wire shall be numbered corresponding to the wiring diagram 3—Alarm Silence Switch to mute alarm horn 4—A duplex GFCI receptacle mounted in the inner door, 15 amp rating 5—An interior work light with on/off switch on inner door 2.4 LEVEL CONTROL SYSTEM A. Level control shall be via a Time Mark 4052 Level Controller and 456 Pressure transducer. No exceptions or alternates allowed. 2.5 HIGH LEVEL ALARM A. The panel shall be equipped with a light and horn to give indication of a high level condition in the wet well. The horn shall provide a signal of not less than 90 db at 10 feet and shall be mounted to the side of the enclosure. B. A backup float shall also be furnished, terminated dry contacts, indicating a high level condition. 2.6 RTU AND RADIO A. A MDS Model 9810 MDS radio with NWD diagnostics card shall be provided. B. A UPS, rated at 850VA shall also be provided to power the radio, PLC and Level Controller during a power outage. C. The PLC shall be a SCADAPack, Model P1-100-01-0-0. No exceptions will be allowed. All programming of radio and PLC will be by the City of Lubbock. 2.7 WARRANTY A. All equipment shall be guaranteed for a period of three (3) years from the date of shipment. The t guarantee is effective against all defects in workmanship and / or defective components. The warranty is limited to the replacement or repair of the defective equipment. PART 3 - EXECUTION 3.1 INSTALLATION 063126016 LIFT STATION PUMP CONTROL PANEL 16310 - 3 Sep-16 t A. All equipment shall be carefully inspected after assembly and all wiring shall be checked to ensure correctness of connections and operation. B. Prior to energization of equipment, keep enclosures protected with plastic sheets and maintain specified space heaters energized to prevent internal condensation, use 150W lamp in bottom of each section. D. Each conduit entry into bottom of cabinets shall be equipped with grounding bushing. Bond each raceway equipment grounding conductor to its bushing ground lug, and thence to equipment ground bus where bonding jumper shall be connected with specified flat bus connector. Where empty conduits terminate, install blank disc in grounding bushing. Bring specified foot -marked pull tape through the blank penny and label with plastic write -on label and show the size of conduit and the terminus of the other end. For each active conduit, install plastic write -on label and identify cable number, size, conduit size, and identify load served. E. Install all power and control wiring and make all connections. Install wiring between motor controller and starter units. Phase band each power cable at each connection. Neatly train and lace all gutter wiring with nylon tie wraps. Do not obstruct relays and other pan -mounted devices with load cables. Install wire markers to identify each control wire at each termination. F. Install all devices, fuses, breakers, and make installation ready. Set all adjustable and programmable devices such as breaker magnetic trips. Functionally test all I/O points to RTU and verify 1/0 point. G. A final as built drawing, encapsulated in mylar, shall be attached to the inside of the front door. A list of all legends shall be included. Drawing shall include bill of materials complete with manufactuer and model number. END OF SECTION 063126016 LIFT STATION PUMP CONTROL PANEL Sep-16 16310 - 4 SECTION 16410 LIFT STATION ELECTRICAL UNDERGROUND PART 1 - GENERAL 1.1 SCOPE OF WORK A. Furnish and install a system of underground raceways and wiring as shown on the drawings. 1.2 APPLICATIONS A. Except as otherwise shown on the Drawings, or otherwise specified, all underground and in -slab conduit raceways shall be of the following type: 1. Except as otherwise specified, all power and control underground conduit runs shall be made with schedule 40 PVC. Bends to grade shall be made with plastic coated rigid galvanized steel conduit. 2. All instrumentation underground conduit runs shall be made with plastic coated rigid galvanized steel conduit. 1.3 SUBMITTALS Process submittals for the following: 1. Non Metallic conduit 2. Metallic conduit 3. Grounding Bushings 4. Buried conduit marker tape 5. Conduit supporting saddles 1.4 RELATED WORK SPECIFIED UNDER OTHER SECTIONS A. Refer to Section 16110 for raceways. B. Refer to Section 16120 for wiring. C. Refer to Section 16450 for grounding. PART2-PRODUCTS 2.1 RACEWAYS A. Conduits shall be watertight over the entire length of the underground run. All conduits shall be schedule 40 PVC. B. Raceways shall be as specified in Section 16110. 063126016 LIFT STATION ELECTRICAL UNDERGROUND 16410 - 1 Sep-16 2.2 MISCELLANEOUS (. j A. Gravel for underbedding of conduits shall be washed type pea gravel. B. Plastic saddles for spacing and supporting conduits shall be interlocking types as manufactured by Cantex. C. Plastic marker label tape for buried conduits shall be yellow background with black letters with repetitive marking "ELECTRIC LINE" on yellow background, continuous along its length. Furnish T&B #NA-0608, or equal tape. PART 3 - EXECUTION 3.1 EXCAVATION AND BACKFILLING A. Do all excavating and backfilling necessary for the installation of the work. This shall include shoring and pumping in ditches to keep them dry until the work has been installed. B. All excavations shall be made to proper depth, with allowances made for floors, forms, beams, piping, finished grades, etc. Ground under conduits shall be undisturbed earth or if disturbed, mechanically compacted to a standard proctor density ratio of 95% before conduits are installed. C. All backfilling shall be made with selected soil, free of rocks and debris, and shall be pneumatically tamped in six (6") inch layers to a standard proctor density ratio of 95%. D. Field check and verify the locations of all underground utilities prior to any excavating. In the event existing utilities are damaged, they shall be repaired to their original condition. 3.2 RACEWAYS A. All underground conduits shall be PVC schedule 40 unless otherwise noted. All bends to grade shall be made with plastic coated rigid steel conduits and shall extend to 6" above grade. Conduits shall be watertight over the entire length of the underground run. B. Install all power, control, and signal wiring. Label each single conductor wire at each connection with PVC sleeve type wire labels. Label each signal cable at each end with plastic waterproof write -on type label to identify terminal connection and function and device served. C. Where empty conduits terminate into equipment install blank "disc" under grounding bushing and bring specified foot -marked pull tape through disc. Label each end of each pull tape with waterproof plastic label to identify terminus of other end and also show conduit size. 3.3 WIRING All underground wiring runs shall be installed from line to load without splice. END OF SECTION 063126016 LIFT STATION ELECTRICAL UNDERGROUND 16410 - 2 Sep-16 - t .� 4 SECTION 16450 LIFT STATION GROUNDING SYSTEM PART 1 - GENERAL 1.1 SCOPE A. Furnish and install complete grounding systems in accordance with Article 250 of the National Electrical Code, and as specified herein. B. Provide ground mat grounding electrode system as shown on the drawings and as specified herein. 1.2 SUBMITTALS Submit manufacturers' catalog sheets with catalog numbers marked for the items furnished, which shall include: i 1. Ground well casings 2. Ground rods 3. Terminal lugs and clamps 4. Exothermal welding materials 5. Ground cable 6. Ground connection hardware PART 2—PRODUCTS 2.1 GROUNDING ELECTRODES A. All ground mat grounding electrodes and grounding electrode conductors shall consist of tin plated stranded copper. B. All ground rods shall be copper clad steel products, 3/4" diameter x 10 foot long, unless otherwise indicated. Ground rods shall be Blackburn #6258, or equal. Provide heavy duty ground rod clamps equal to Blackburn #GG58 where vertical connections are installed and #GUV where U-bolt connectors are installed to serve horizontal connections. 2.2 GROUNDING DEVICES A. Connectors shall be furnished as specified under Section 16120. B. Conduit grounding bushings shall be furnished as specified under Section 16110. C. Equipment grounding conductors shall be furnished as specified under Section 16120. D. Flush cast metal grounding plates shall consist of bronze body with flat plate on top and bolted clamp connector on bottom. Furnish OZ type "VG", or equal flush connectors. Each such 063126016 LIFT STATION GROUNDING SYSTEM 16450 - 1 Sep-16 �_a t, _r connector shall be furnished with silicon bronze connector bolts for installation of top -mounted grounding connectors. E. Exothermal welding kits shall be "Cadweld" products as manufactured by Erico. Molds, cartridges, powder, and accessories shall be as recommended by the manufacturer. 2.3 GROUND TEST WELLS A. Ground test wells shall be furnished for each ground rod. B. Ground test wells shall each consist of ground rod with connector attached to a #2 upcomer from the ground mat and contained within an access well with labeled top. C. Ground test well enclosures shall be Oldcastle Precast product #VB-3RT series, or equal. Enclosures shall be 10 1/4" diameter and shall include cast iron cover with integrally cut "GROUND TEST WELL" in top of cover. PART 3 - EXECUTION 3.1 GROUND MATS AND GROUND WELLS A. Install ground mat around the perimeter and under the new foundations as shown. Use #2/0 AWG tin-plated copper stranded conductor for the ground mat. Install upcomer with indicated wire sizes of tin plated copper conductors. Exothermally weld all connections. B. Unless other larger sizes are indicated on the drawings, install #2 upcomers from ground mat to Pump Panel, and other equipment indicated on the drawings. C. Install ground rods in test wells where indicated on the drawings. 3.2 WIRING SYSTEMS GROUNDING A. All equipment enclosures, motor and transformer frames, metallic conduit systems and exposed structural steel systems shall be grounded. B. Equipment grounding conductors shall be run with all wiring. Sizes of equipment grounding conductors shall be based on Article 250 of the N.E.C. except where larger sizes may be shown. Bond each equipment grounding conductor to the equipment grounds at each end of each run. C. Liquid tight flexible metal conduit in sizes 1" and larger shall be equipped with external bonding jumpers. Use liquid tight connectors integrally equipped with suitable grounding lugs. D. Where conduits enter into equipment free of the metal enclosure, install grounding bushing on each conduit and bond bushing lug to equipment ground bus. E. Where conduits enter equipment enclosures, equip each penetration inside with grounding bushing. Install bonding jumper from each grounding bushing to ground bus. 063126016 LIFT STATION GROUNDING SYSTEM 16450 - 2 Sep-16 F. Equipment enclosures that do not come furnished with a ground bus, install ground lug in each enclosure that shall be bonded to the metal cabinet or backpan of the enclosure. G. Separately derived systems shall be each grounded as shown and shall comply with Article 250 of the NEC. H. Ground the instrumentation panel to the ground mat with a #6 ground wire. 3.3 TESTING A. All exothermic weld connections shall successfully resist moderate hammer blows. Any connection which fails such test or if upon inspection, weld indicates a porous or deformed connection, the weld shall be remade. B. All exothermic welds shall encompass 100 percent of the ends of the materials being welded. Welds which do not meet this requirement shall be remade. C. Test the ground resistance of the system. All test equipment shall be furnished by Contractor and be approved by Engineer. Test equipment shall be as manufactured by Biddle or approved equal. Dry season resistance of the system shall not exceed five ohms. If such resistance cannot be obtained with the system as shown, provide additional grounding as directed by Engineer. END OF SECTION 063126016 LIFT STATION GROUNDING SYSTEM 16450 - 3 Sep-16 SHEET NOTES CON —I— S REP— ALL PCNONG n11E1! Ilx 1pi4TARY OONBINTILMx E 4LEM i OWAGQi DURING COTSxINCT1O1 TO A COWrTWI EWAL TO OR BETTEP MAN EYKIEO T— O COlSOlOCIION. 3. EnSMIG IFf ST/.A01 91.LLL R.— AT — —1 e. CONTRACTOR 6 RESPON M FOR ALL 1E1& 1 MEA9Y25 x0.UGHC BYPASS PUYwNG TO 1RA1 SHALL w4UOE wF11T61CATCx SIGN LVT $TAT1ix NUMBER ANG EMBtiLlCT NFFP IHE I.i-f ST4110N ORAATIONAL 0�10 CMSTRITCOOI. lHR vCNM SHALL BE Su8901ARY 10 TE CO31 OF TE Ln STAINx. [OlTACi INFORNAiIpC THE LONTiuCTOR U DET LS FOR1ATC xM lli Ott FOR NiOWAMu OOR MD 9N&ni A SNOP OtAwIG 6 NNE ShM! OETA65 FOR APPROVAL T. fEYPOPARY PPoY4CY f9lR SHALL BE R-:EEf TA11 N!D COu51RVLTED O< [TIICA 1tuW DIN, M11H PYC SLA15. OR J. FO+CE uAN 9rALL BE CONSTNU Of IY C-BW OR-Il PSC ANO — RE —I— A rmNAR151 Oi .• BE16N CTaSTNG OPADE 19at B. CONTRACTOR TO INSTALL CWIAOL PANGS EATING REST. 4, uIER LOrxGL1N1N 10 PROPOSED Li STATION LS CONPIEIE AND ALL I — FT Nils — 0. OONTRACTOR SNVLL REMOVE BUREEO, ABANOOYEp LiT .TATgN AS NECESSARY 'M FZMMEO. THE EfO — R£I Mflt AID MI TELL, HOl000NG FHY NANFWIE WNGS AND ST BE CF OOn! 6-L RCL0111 EfOSiMG CR/.DE ANp i1LLID MM nOxARLE 1YL INSTALLATION OF NWNOLE A10 IP-TY 11 £. NO SEVMATE FAT SHALL BE 410MED. 01 R W. "IX W. CEYENI "YURRT PER Ott U LIJBBI!EX STNpARDS NNx u .....--- GaTTR,wTm ;T 34TH STREE I p ,. .• t a Ta i - -PROPOSED 12'.%-� I / • Z'u°� ------ - _ _ . s¢ M� C1�0.T \ 1 mx 'rG r <, � i 2 COORDINATE TABLE Fvlil.r stx[ /�w�l EASING OESCRRIIOI � W 0 w m PIeA to 1Y ALL Oi sa COORDINATE TABLE x o o Nr..Aa R�o.+oc ! 4 YmeM.m xxaR n�oarnNc�roNt Zw !��^"" � �wtltl�� r .wMtaTJ �wL s uN�Ar wx ® � M�j � S SANITARY SEWER LINE A PROFILE VIEW w U4 Y LIZ i I ]xE • . 1.1 oosiuc ..oBA[ rNN[ - F T,ST K ;y vair T a ' ,� nsTPr. .. STw w NNPw en �u en Rw -^ u..cr NDit a« r- .mob.. ■ Ea E'd8 0 '"F Jm Y 3R _J AYA C1.01 r � is ® �aect c� parr *Lb6oty ofck TEXAS Lift Station 41 Replacement LIFT STATION 41 REPLACEMENT RFP 17-13012-TF PRE -PROPOSAL CONFERENCE — MEETING SUMMARY March 2, 2017 at 10:00 am Lubbock City Hall — Conference Room 1. Introductions City of Lubbock Contacts: Adam Nixon, EIT Project Manager P: 806-775-2344 Email: anixon a�mail.ci.lubbock.tx.us Mary Gonzales SEWRP Superintendent P: 806-775-3229 Email: mhgonzales &rnylubbock.us Zoltan Fekete, P.E. Senior Civil Engineer P: 806-775-3317 zfekete,a,mylubbock.us Kimley-Horn and Associates, Inc. Aaron Rader, P.E. Project Manager P: 405-241-5454 Email: aaron.rader_(d/�kiiiiley-horn.com John Turpin Owner's Representative P:806-775-2342 Email: iturpin(wmylubbock.us Teofilo Flores, CTPM Senior Buyer P: 806-775-2168 Email: tkflores�c,mylubbock.us Kenny Friar, P.E. Project Engineer P: 806-686-1089 Email: kenny.friar&kimley-horn.com Note: Statements made at this pre -proposal meeting do not change the contract documents. Any changes, additions, or clarifications to the RFP are made by addenda information available over the Internet at www.bidsync.com. Page] of 5 JLbbo&ity TEXAS Lift Station 41 Replacement 2. Project Scope This project consists of replacing the existing Lift Station 41 with a new lift station wet well (with two 1,350gpm submersible pumps), valve vault, and electrical controls, 1,685 linear feet of 12-inch force main, one new sanitary sewer manhole, 120 square yards of concrete pavement, and other associated appurtenances. 3. Construction Plans and Specifications Offerors may view the plans and specifications without charge at The Reproduction Company, 2102 Avenue Q, Lubbock, Texas 79405 or at htM://pr.thereproductionconipany.com/. ONE SET OF PLANS AND SPECIFICATIONS MAY BE OBTAINED, AT THE CITY'S EXPENSE, FROM THE REPRODUCTION COMPANY WITH A $100 REFUNDABLE DEPOSIT, Phone: (806) 763-7770. Deposit Checks shall be made PAYABLE TO THE CITY OF LUBBOCK, and will be refunded if documents are returned in good condition within Sixty (60) days of the opening of Proposals. Additional sets of plans and specifications may be obtained at the proposer's expense. 4. Dates a. Request for Clarifications by: March 6, 2017 b. Bid closing: 2:00 PM, March 14. 2017 City Council consider proposals: April 12, 2017 d. Notice to proceed: After city council award 5. Basis of Proposals and Selection Criteria The City uses the Competitive Sealed Proposals procurement method as authorized by the Texas Legislature and further defined by Texas Government Code Section 2269. The Maximum Point value is equal to 100 points. The weight factor is 60% for Price, 30% for Contractor Qualifications, 5% for Safety Record Questionnaire, and 5% for Construction Time. Evaluators independently review and score each proposal. Selection shall be based on the responsible offeror whose proposal is determined to be the most advantageous to the City of Lubbock considering the relative importance of evaluation factors included in this RFP. Liquidated damages will be the sum of $200 (Two Hundred Dollars and No Cents) for each consecutive calendar day in excess of the time set forth in the contract documents. Note: Statements made at this pre -proposal meeting do not change the contract documents. Any changes, additions, or clarifications to the RFP are made by addenda information available over the Internet at www.bidsync.com. Page 2 of 5 Kimley>Morn Lift Station 41 Replacement 6. Time and Order for Completion *Lb�ioly& TEAS a. The construction covered by the contract documents shall be completed within Two Hundred and Seventy (270) CONSECUTIVE CALENDAR DAYS from the date specified in the Notice to Proceed issued by the City of Lubbock to the successful proposer. b. 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. c. Offeror's are required to write in a Total Calendar Days required for construction. If the days written are different than the days specified, the days written will be used for the evaluation and contract time. 7. Project Specific Comments } a. Project Work Area i. Contractors are made aware that the work area is defined by the property limits as shown on the plans. b. Traffic Control Plan i. Contractor's will be required to submit a traffic control plan for work that will occur within 30 Street. c. Force Main Alignment i. There are multiple utilities along 30 Street. The contractor is responsible for locating all utilities and notifying the City and engineer if a conflict exists. ii. Work outside of the right-of-way and/or easements along Iola Ave. is not allowed. Note: Statements made at this pre -proposal meeting do not change the contract documents. Any changes, additions, or clarifications to the RFP are made by addenda information available over the Internet at www.bidsync.com. Page 3 of 5 �, e JLbbockity TEXAS Lift Station 41 Replacement 8. Reports a. Geotechnical Study i. A copy of the Geotechnical Study — Lift Station No. 41 Replacement, Lubbock, Texas prepared by CMT Engineering and Corsair Consulting is attached to the contract documents. This report is made available for the convenience of the contractor for informational purposes only. It is expressly understood that neither the Owner nor the Engineer will be responsible for interpretations or conclusions drawn by the Contractor. 9. General Comments a. All testing shall be performed as per specifications. Deflection testing will be required on all sanitary sewer line sizes. b. Only the Successful Proposer shall submit a Trench Safety Plan to the City for consideration (designed by a Registered Professional Engineer in the State of Texas) prior to awarding the Contract. The Trench Safety Plan shall be adhered to in the construction of this Project. c. The Successful Proposer shall provide the City a Certificate of Insurance showing that the Contractor has coverage as specified by the Workman's Compensation Law of the State of Texas, prior to awarding of this Project. d. All fences, signs, and property monuments removed for, or damaged during construction shall be replaced or repaired to as good a condition or with a better material than the existing as per the Engineer's specifications. Extra payment shall not be made for this work. The Contractor shall be responsible for repairing any damage caused by the Contractor outside of the designated work area with equal or better quality material at the Contractor's expense. 10. Pay Item Descriptions a. The bidder shall be responsible for reviewing the contract documents. Pay Item Descriptions for the bid items are included in Specification 01020. Note: Statements made at this pre -proposal meeting do not change the contract documents. Any changes, additions, or clarifications to the RFP are made by addenda information available over the Internet at www.bidsync.com. Page 4 of 5 city of Lubbock Kimley>MornTEXAS Lift Station 41 Replacement 11. Contractor Questions / Concerns a. Is the temporary fence wood or chain link and are the posts set in or on the ground`? i. The fence can be chain link with privacy fabric and the post set in the ground. Refer to specification 02831. b. Is the intent to completely remove the dry well and wet well of the existing lift station`? i. The existing dry well and wet well will be allowed to be Cut down 6-feet below existing ground and then filled with a slunw or flowable fill. The jpay item description for item #1.5 will be updated in Addendum #1. c. Will the City keep any equipment from t:he existing lift station? i. Per the pay item description, the City will inspect the equipment and decide what shall be kept and taken to the City yard. The rest of the equipment must be disposed of accordingly. d. Is a coating required on the proposed sanitary sewer manhole and air release valve vault? J. The proposed sanitary sewer- manhole will be coated; refer to specification 02906. The air release valve vault is not required to be coated. e. The proposed manhole shown on Sheet C1.01 at STA 0 20.00 will be changed to a 5-foot diameter manhole. The pay items will be updated accordingly. f. A bid alternate item and specification for pipe bursting the proposed gravity sanitary sewer pipe from STA 0=? 37.32 to ST'A 0+85.61 will be will be added to .,,.., the project. Note: Statements made at this pre -proposal meeting do not change the contract documents. Any changes, additions, or clarifications to the RFP are made by addenda information available over the Internet at www.bidsync.com. Page 5 of 5 ti Lubbock V>>> TEXAS / LIFT STATION #41 REPLACEMENT PRE -PROPOSAL MEETING SIGN -IN SHEET March 2. 2017- 10-00 a.m_c Citv of Lubbock Citv Hall NAME COMPANY PHONE E-MAIL Jonathan Ziegner UCA 806-863-2642 ionathanka°ucatcxas.com Mike Perez O'Tool 806-762-1822 inverezitivotool.com Ronnie Stamps L. Howard Construction 806-832-5018 Ihowardeonsttri;valornet.coTn Raul Hernandez MH Civil Constructors 806-367-6043 bidrvmh-civil.com Matt Lavalley Ferguson Waterworks 806-224-5427 matt. lavallev&fcrLuson.coTn John Turpin City of Lubbock 806-775-2342 iturninfcylubbock.us Zoltan Fekete City of Lubbock 806-775-2317 zfeket6iii�mvlubbock.us Adam Nixon City of Lubbock 806-775-2344 anixont imylubbock.us Josh Flud City of Lubbock 806-548-4152 iflud(dinvlubbock.us Teofilo Flores City of Lubbock 806-775-2168 tkfloresfirmylubbock.us Aaron Rader Kimley-Horn and Associates 405-241-5454 aaron.raderLti kimley-hOrncOnl Kenny Friar Kimley-Horn and Associates 806-686-1089 kenny_friarrtikimley-horn.com Kimley-Horn Project #: 063126011 City of Lubbodc Bid RFP 17-13012 TI 1 City of Lubbock, TX Purchasing and Contract Management Contractor Checklist for RFP 17-13012-TF Lift Station 41 Replacement Before submitting your bid, please ensure you have completed and included the following documents in the order they are listed. The contractor is only to submit (1) one original copy of every item listed. M 3. 4. 5. 6. 7. 8. _ .. 9. �._.r 10. V 11. Carefully read and understand the plans and specifications and properly complete the BID SUBMITTAL FORM. Bid submittal form MUST be completed in blue or black ink or by typewriter. Signatures must be original, in blue or black ink, and by hand. The bidder binds himself on acceptance of his bid to execute a contract and any required bonds, according to the accompanying forms, for performing and completing the said work within the time stated and for the prices stated below. In case of a discrepancy between the Unit Price and the Extended Total for a Bid item, the Unit Price will be taken." Include corporate seal and Secretary's signature. Identify addenda received (if any). Include firm's FEDERAL TAX ID number or Owner's SOCIAL SECURITY number. Include BID BOND or CASHIER'S OR CERTIFIED CHECK as your bid surety. Failure to provide a bid surety WELL result in automatic rejection of your bid. Complete and sign the CITY OF LUBBOCK INSURANCE REQUIREMENT AFFIDAVIT. Contractor's signature must be original. Clearly mark the bid number, title, due date and time and your company name and address on the outside of the envelope or container. Ensure your bid is RECEIVED by the City of Lubbock Purchasing and Contract Management Office prior to the deadline. Late bids will not be accepted. Complete and sign the SAFETY RECORD QUESTIONNAIRE. All "YES" responses must be explained in detail and submitted with Bid. Complete and sign the SUSPENSION AND DEBARMENT CERTIFICATION. Include firm's FEDERAL TAX ID number or Owner's SOCIAL SECURITY number. Complete and submit the CONFLICT OF INTEREST QUESTIONNAIRE. Complete and submit the PROPOSED LIST OF SUB -CONTRACTORS. DOCUMENTS REQUIRED WITHIN SEVEN BUSINESS DAYS AFTER CLOSING: Complete and submit the FINAL LIST OF SUB -CONTRACTORS. DOCUMENTS REQUIRED BEFORE CONTRACT IS FINALIZED: Please submit the ONLINE DISCLOSURE OF INTERESTED PARTIES FORM 1295 within the specified time FAILURE TO PROVIDE ANY OF THE ABOVE MAY RESULT IN YOUR BID BEING DEEMED NON- RESPONSIVE AND, THEREFORE, NOT FURTHER EVALUATED. PLEASE INCLUDE THIS COMPLETED PAGE AS THE FIRST PAGE OF YOUR BID SUBMITTAL. Utility Contractors of America, Inc. _ (Type or Print Company Name) 2/17/2017 3:49 PM pv 5 Page Intentionally Left Blank 1. 2. -, 3. 4. 5. 6. 7. 9. f 10. 11. 11. 12. 12. 13. INDEX NOTICE TO OFFERORS GENERAL INSTRUCTIONS TO OFFERORS TEXAS GOVERNMENT CODE § 2269 PROPOSAL SUBMITTAL FORM — (must be submitted by published due date & time) 4-1. UNIT PRICE PROPOSAL SUBMITTAL FORM 4-2. CONTRACTOR'S STATEMENT OF QUALIFICATIONS 4-3. CITY OF LUBBOCK INSURANCE REQUIREMENT AFFIDAVIT 4-4. SAFETY RECORD QUESTIONNAIRE 4-5. SUSPENSION AND DEBARMENT CERTIFICATION 4-6. PROPOSED LIST OF SUB -CONTRACTORS POST -CLOSING DOCUMENT REQUIREMENTS — (to be submitted no later than seven business days after the close date when proposals are due) 5-1. FINAL LIST OF SUB -CONTRACTORS PAYMENT BOND PERFORMANCE BOND CERTIFICATE OF INSURANCE CONTRACT CONFLICT OF INTEREST QUESTIONNAIRE CHAPTER 176 CHAPTER 46. DISCLOSURE OF INTERESTED PARTIES GENERAL CONDITIONS OF THE AGREEMENT DAVIS-BACON WAGE DETERMINATIONS SPECIAL CONDITIONS (IF APPLICABLE) SPECIFICATIONS DIVISION 1 — GENERAL REQUIREMENTS 01020 — Measurement and Payment 01027 — Applications for Payment _ 01028 — Change Order Procedures 01039 — Coordination and Meetings 01100 — Summary of Work 01140 — Work Restrictions 0 13 10 — Progress Schedules 01322 — Photographic Documentation 01330 — Submittal Procedures 01356 — Storm Water Pollution Prevention Plan (SWP3) 01400 — Quality Requirements 01420 — References 01500 — Temporary Facilities and Controls 01555 — Barricades, Signs, and Traffic Handling 01576 — Waste Material Disposal 01600 — Product Requirements 01666 — Hydrostatic Testing 01700 — Contract Closeout 01730 — Operation and Maintenance Data DIVISION 2 — SITE WORK 02050 — Removal Demolition and Salvage 02070 — Lift Station Demolition 02225 — Utility Trench Excavation Embedment and Backfill 02260 — Excavation Support and Protection 02311 — Auger Boring 02317 — Excavation and Backfill for Structures 02320 — Backfill Materials for Structures J 02348 — Installation of Carrier Pipe without Casing 02349 — Installation of Carrier Pipe in Casing or Tunnel Liner Plate 02611 — Steel Casing Pipe 02643 — Combination Wastewater Air Valve 02730 — Sewer and Manhole Testing 02750 — Bypass Pumping of Existing Sewer Systems i 02763 — Closed Circuit Television (CCTV) Inspection 02765 — Utility Markers A 02831 — Polyvinyl Chloride (PVC) Coated Steel Chain Link Fencing 02906 — Epoxy Liners for Concrete Manholes 02920 — Lawns and Grasses 02930 — Temporary Pavement (Asphalt Millings) 02940 — Non -Clog Submersible Sewage Pumps 02950 — Lift Station Wet Well and Valve Vault DIVISION 3 — CONCRETE 03300 — Cast -in -Place Concrete 03360 — Contact Grouting DIVISION 4 — 15 — NOT USED DIVISION 16 — ELECTRICAL 16010 — Electrical General Provisions 16110 — Raceways 16120 — Wire and Cable 16199 — Miscellaneous 16210 — Electrical Utility 16310 — Pump Control Panel 16410 — Underground 16450 — Grounding System 14. APPENDICES APPENDIX A — Geotechnical Report APPENDIX B — City of Lubbock Public Works Engineering Design Standards and Specifications (Section 5-8) APPENDIX C — City of Lubbock Utility Excavation Manual (UEM) Page Intentionally Left Blank NOTICE TO OFFERORS Pate Intentionally Left Blank Notice to Offerors RFP 17-13012-TF Sealed proposals addressed to Marta Alvarez, Director of Purchasing and Contract Management, City of Lubbock, Texas, will be received in the office of the Director of Purchasing and Contract Management City Hall, 1625 13th Street, Room 204, Lubbock, Texas, 79401, until 2:00 PM on March 14, 2017, or as changed by the issuance of formal addenda to all plan holders, to furnish all labor and materials and perform all work for the construction of the following described project: Lift Station 41 Replacement After the expiration of the time and date above first written, said sealed proposals will be opened in the office of the Director of Purchasing and Contract Management and publicly read aloud. It is the sole responsibility of the proposer to ensure that his proposal is actually in the office of the Director of Purchasing and Contract Management for the City of Lubbock, before the expiration of the date above first written. The Contractor is only required to submit one original copy of every item listed on the Contractor Checklist in the proposal submittal. Proposals are due at 2:00 PM on March 14, 2017, and the City of Lubbock City Council will consider the proposals on April 12, 2017, at the City Hall, 1625 13th Street, Lubbock, Texas, or as soon thereafter as may be reasonably convenient, subject to the right to reject any or all proposals and waive any formalities. The successful proposer will be required to 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 proposer will be required to furnish a payment bond in accordance with Chapter 2253, Government Code, in the amount of 100% of the total contract price in the event that said contract price exceeds $50,000. Said statutory bonds shall be issued by a company carrying a current Best Rating of "A" or better. THE BONDS MUST BE IN A FORM ACCEPTABLE TO THE CITY ATTORNEY. NO WORK ON THE CONTRACT SHOULD COMMENCE BEFORE THE BONDS ARE PROVIDED AND APPROVED. Offerors are required, whether or not a payment or performance bond is required, to submit a cashier's or certified check issued by a bank satisfactory to the City of Lubbock, or a proposal bond from a reliable surety company, payable without recourse to the order of the City of Lubbock in an amount not less than 5% of the total amount of the proposal submitted as a guarantee that proposer will enter into a contract and execute all necessary bonds within ten (10) business days after notice of award of the contract to the Offerror. FAILURE OF THE PROPOSER TO INCLUDE PROPOSAL SECURITY WITH THE PROPOSAL SUBMITTAL SHALL CONSTITUTE A NON -RESPONSIVE PROPOSAL AND RESULT IN DISQUALIFICATION OF THE PROPOSAL SUBMITTAL. 4 r Copies of plans and specifications may be obtained at bidder's expense from the City of Lubbock Purchasing and Contract Management office. Plans and specifications can be viewed online and downloaded from http://www.bidsync.com at no cost. In the event of a large file size, please be patient when downloading F or viewing. BUSINESSES WITHOUT INTERNET ACCESS may use computers available at most public libraries. It shall be each proposer's sole responsibility to inspect the site of the work and to inform Offerror regarding all local conditions under which the work is to be done. It shall be understood and agreed that all such factors have been thoroughly investigated and considered in the preparation of the proposal submitted. There will be a non -mandatory pre -proposal conference on March 2, 2017, at 10:00AM, in City Council Conference Room, 1625 13" Street, Lubbock, TX 79401. Offerors may view the plans and specifications without charge at The Reproduction Company, 2102 Avenue Q, Lubbock, Texas 79405 or at http://pr.tliereproductioncoml)any.com/ . ONE SET OF PLANS AND SPECIFICATIONS MAY BE OBTAINED, AT THE CITY'S EXPENSE, FROM THE REPRODUCTION COMPANY WITH A $100 REFUNDABLE DEPOSIT, Phone: (806) 763-7770. Deposit Checks shall be made PAYABLE TO THE CITY OF LUBBOCK, and will be refunded if documents are returned in good condition within Sixty (60) days of the opening of Proposals. Additional sets of plans and specifications may be obtained at the proposer's expense. Attention of each proposer is particularly called to the schedule of general prevailing rate of per diem wages included in the contract documents on file in the office of the Purchasing and Contract Management Office of the City of Lubbock, which document is specifically referred to in this notice to offerors. Each offerors attention is further directed to Texas Government Code, Chapter 2258, Prevailing Wage Rates, and the requirements contained therein concerning the above wage scale and payment by the contractor of the prevailing rates of wages as heretofore established by owner in said wage scale. The City of Lubbock hereby notifies all offerors that in regard to any contract entered into pursuant to this advertisement, minority and women business enterprises will be afforded equal opportunities to submit proposals in response to this invitation and will not be discriminated against on the grounds of race, color, sex, disability, or national origin in consideration for an award. The City of Lubbock does not discriminate against persons with disabilities. City of Lubbock pre - proposal meetings and proposal openings are available to all persons regardless of disability. If you require special assistance, please contact the Purchasing and Contract Management Office at (806) 775-2175 write to Post Office Box 2000, Lubbock, Texas 79457 at least 48 hours in advance of the meeting. CITY OF LUBBOCK, 7vlarta .Alvarez Marta Alvarez DIRECTOR OF PURCHASING & CONTRACT MANAGEMENT GENERAL INSTRUCTIONS TO OFFERORS Page Intentionally Left Blank GENERAL INSTRUCTIONS TO OFFERORS 1 PROPOSAL DELIVERY TIME & DATE The City of Lubbock is seeking written and sealed competitive proposals to furnish Lift Station 41 g. Replacement per the attached specifications and contract documents. Sealed proposals will be received no later than 2:00 PM, March 14, 2017 at the office listed below. Any proposal received after the date and hour specified will be rejected and returned unopened to the proposer. Each proposal and supporting documentation must be in a sealed envelope or container plainly labeled in the lower left- hand corner: "RFP 17-13012-TF, Lift Station 41 Replacement" and the proposal opening date and time. Offerors must also include their company name and address on the outside of the envelope or container. Proposals must be addressed to: Marta Alvarez, Director of Purchasing and Contract Management City of Lubbock 1625 13th Street, Room 204 Lubbock, Texas 79401 1.1 Offerors are responsible for making certain proposals are delivered to the Purchasing and Contract Management Office. Mailing of a proposal does not ensure that it will be delivered on time or delivered at all. If proposer does not hand deliver proposal, we suggest that he/she use some sort of delivery service that provides a receipt. 1.2 Proposals may be delivered in person, by United States Mail, by United Parcel Service, or by private courier service. Only written proposals submitted in conformance with the Instruction to Offerrors will be considered responsive and evaluated or award of a Contract. 1.3 The City of Lubbock reserves the right to postpone the date and time for opening proposals through an addendum. 2 PRE -PROPOSAL MEETING 2.1 For the purpose of familiarizing offerors with the requirements, answering questions, and issuing addenda as needed for the clarification of the Request for Proposals (RFP) documents, a non - mandatory pre -proposal conference will be held at 10:00AM, March 2, 2017, in City Council Conference Room, 1625 1311 Street, Lubbock, TX 79401. All persons attending the meeting will be asked to identify themselves and the prospective proposer they represent. 2.2 It is the proposer's responsibility to attend the pre -proposal meeting though the meeting is not mandatory. The City will not be responsible for providing information discussed at the pre - proposal meeting to offerors who do not attend the pre -proposal meeting. 3 ADDENDA & MODIFICATIONS 3.1 Any changes, additions, or clarifications to the RFP are made by ADDENDA information available over the Internet at www.bidsync.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 proposer in doubt as to the true meaning of any part of the specifications or other documents may request an interpretation thereof from the Director of Purchasing and Contract Management. At the request of the proposer, or in the event the Director of Purchasing and Contract C! 5 Management deems the interpretation to be substantive, the interpretation will be made by written addendum issued by the Purchasing and Contract Management. Such addenda issued by the Purchasing and Contract Management Office will be available over the Internet at hqp://www.bidsypc.coim and will become part of the proposal package having the same binding effect as provisions of the original RFP. NO VERBAL EXPLANATIONS OR INTERPRETATIONS WILL BE BINDING. In order to have a request for interpretation considered, the request must be submitted in writing and must be received by the City of Lubbock Purchasing and Contract Management Office no later than five (5) calendar days before the proposal closing date. 3.3 All addenda, amendments, and interpretations of this solicitation shall be in writing. The City of Lubbock shall not be legally bound by any explanation or interpretation that is not in writing. Only information supplied by the City of Lubbock Purchasing and Contract Management Office in writing or in this RFP should be used in preparing proposal responses. All contacts that a proposer may have had before or after receipt of this RFP with any individuals, employees, or representatives of the City and any information that may have been read in any news media or seen or heard in any communication facility regarding this proposal should be disregarded in preparing responses. 3.4 The City does not assume responsibility for the receipt of any addendum sent to offerors. EXAMINATION OF DOCUMENTS AND REQUIREMENTS 4.1 Each proposer shall carefully examine all RFP documents and thoroughly familiarize itself with all requirements before submitting a proposal to ensure that their proposal meets the intent of these specifications. 4.2 Before submitting a proposal, each proposer shall be responsible for making all investigations and examinations that are necessary to ascertain conditions and requirements affecting the requirements of this Request for Proposals. Failure to make such investigations and examinations shall not relieve the proposer from obligation to comply, in every detail, with all provisions and requirements of the Request for Proposals. 4.3 Notices of any discrepancies or omissions in these plans, specifications, or contract documents, shall be given to the Director of Purchasing and Contract Management and a clarification obtained before the proposals are received, and if no such notice is received by the Director of Purchasing and Contract Management prior to the opening of proposals, then it shall be deemed that the proposer fully understands the work to be included and has provided sufficient sums in its proposal to complete the work in accordance with these plans and specifications. If proposer does not notify the Director of Purchasing and Contract Management before offering of any discrepancies or omissions, then it shall be deemed for all purposes that the plans and specifications are sufficient and adequate for completion of the project. It is further agreed that any request for clarification must be submitted no later than five (5) calendar days prior to the opening of proposals. PROPOSAL PREPARATION COSTS 5.1 Issuance of this RFP does not commit the City of Lubbock, in any way, to pay any costs incurred in the preparation and submission of a proposal. 5.2 The issuance of this RFP does not obligate the City of Lubbock to enter into contract for any services or equipment. 2 i 5.3 All costs related to the preparation and submission of a proposal shall be paid by the proposer. 6 TRADE SECRETS CONFIDENTIAL INFORMATION AND THE TEXAS PUBLIC INFORMATION ACT 6.1 If you consider any portion of your proposal to be privileged or confidential by statute or judicial decision, including trade secrets and commercial or financial information, clearly identify those portions. 6.2 Proposals will be opened in a manner that avoids disclosure of the contents to competing offerors Y and keeps the proposals secret during negotiations. All proposals are open for public inspection -' after the contract is awarded, but trade secrets and confidential information in the proposals are not open for inspection. Tex. Loc. Govt. Code 252.049(a) 6.3 Marking your entire proposal CONFIDENTIAL/PROPRIETARY is not in conformance with the Texas Open Records Act. 7 LICENSES PERMITS TAXES The price or prices for the work shall include full compensation for all taxes, permits, etc. that the proposer is or may be required to pay. 8 UTILIZATION OF LOCAL BUSINESS RESOURCES Prospective offerors are strongly encouraged to explore and implement methods for the utilization of local resources, and to outline in their proposal submittal how they would utilize local resources. 9 CONFLICT OF INTEREST 9.1 The proposer shall not offer or accept gifts or anything of value nor enter into any business arrangement with any employee, official or agent of the City of Lubbock. 9.2 By signing and executing this proposal, the proposer certifies and represents to the City the offeror has not offered, conferred or agreed to confer any pecuniary benefit or other thing of value for the receipt of special treatment, advantage, information, recipient's decision, opinion, recommendation, vote or any other exercise of discretion concerning this proposal. 10 CONTRACT DOCUMENTS 10.1 All work covered by the contract shall be done in accordance with contract documents described in the General Conditions. 10.2 All offerors shall be thoroughly familiar with all of the requirements set forth on the contract documents for the construction of this project and shall be responsible for the satisfactory completion of all work contemplated by said contract documents. 11 PLANS FOR USE BY OFFERORS It is the intent of the City of Lubbock that all parties with an interest in submitting a proposal on the project covered by the contract documents be given a reasonable opportunity to examine the documents and prepare a proposal without charge. The contract documents may be examined without charge as noted in the Notice to Offerors. f 12 PROPOSER INQUIRIES AND CLARIFICATION OF REQUIREMENTS 12.1 It is the intent and purpose of the City of Lubbock that this request permits competitive i proposals. It shall be the offerors responsibility to advise the Director of Purchasing and 3 13 14 15 16 Contract Management if any language, requirements, etc., or any combinations thereof, inadvertently restricts or limits the requirements stated in this RFP to a single source. Such notification must be submitted in writing and must be received by the City Purchasing and Contract Management Office no later than five (5) calendar days before the proposal closing date. A review of such notifications will be made. 12.2 NO PROPOSER SHALL REQUEST ANY INFORMATION VERBALLY. ALL REQUESTS FOR ADDITIONAL INFORMATION OR CLARIFICATION CONCERNING THIS REQUEST FOR PROPOSALS (RFP) MUST BE SUBMITTED IN WRITING NO LATER THAN FIVE (5) CALENDAR DAYS PRIOR TO THE PROPOSAL CLOSING DATE AND ADDRESSED TO: Teofilo Flores, Senior Buyer City of Lubbock Purchasing and Contract Management Office 1625 13th Street, Room 204 Lubbock, Texas 79401 Fax: 806-775-2164 Email: TKFlores@mylubbock.us Bidsync: www.bidsync.com TIME AND ORDER FOR COMPLETION 13.1 The construction covered by the contract documents shall be substantially completed within 270 Consecutive Calendar Days from the date specified in the Notice to Proceed issued by the City of Lubbock to the successful proposer. _i 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 detennined 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 tj time specified. PAYMENT 1 All payments due to Contractor shall be made in accordance with the provisions of the General Conditions of the contract documents. 1 AFFIDAVITS OF BILLS PAID The City of Lubbock reserves the right, prior to final acceptance of this project to require the Contractor to execute an affidavit that all bills for labor, materials and incidentals incurred in the construction of the improvements contemplated by the contract documents have been paid in full and that there are no claims pending, of which the Contractor has been notified. 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 4 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 TWO years from date of final acceptance of the work as a result of defective materials or workmanship, at no cost to the Owner (City of Lubbock). 17.2 Notwithstanding any provisions contained in the contractual agreement, the Contractor represents and warrants fault -free performance and fault -free result in the processing date and date -related data (including, but not limited to calculating, comparing and sequencing) of all hardware, software and firmware products delivered and services provided under this Contract, individually or in combination, as the case may be from the effective date of this Contract. Also, the Contractor warrants calculations will be recognized and accommodated and will not, in any way, result in hardware, software or firmware failure. The City of Lubbock, at its sole option, may require the Contractor, at any time, to demonstrate the procedures it intends to follow in order to comply with all the obligations contained herein. 17.3 The obligations contained herein apply to products and services provided by the Contractor, its sub -contractor or any third party involved in the creation or development of the products and services to be delivered to the City of Lubbock under this Contract. Failure to comply with any of the obligations contained herein, may result in the City of Lubbock availing itself of any of its rights under the law and under this Contract including, but not limited to, its right pertaining to termination or default. 17.4 The warranties contained herein are separate and discrete from any other warranties specified in this Contract, and are not subject to any disclaimer of warranty, implied or expressed, or limitation to the Contractor's liability which may be specified in this Contract, its appendices, its schedules, its annexes or any document incorporated in this Contract by reference. 18 PLANS FOR THE CONTRACTOR The contractor will, upon written request, be furnished up to a maximum of five sets of plans and specifications and related contract documents for use during construction. Plans and specifications for use during construction will only be furnished directly to the Contractor. The Contractor shall then distribute copies of plans and specifications to suppliers, subcontractors or others, as required for proper prosecution of the work contemplated by the Contractor. 19 PROTECTION OF THE WORK The Contractor shall be responsible for the care, preservation, conservation, and protection of all materials, supplies, machinery, equipment, tools, apparatus, accessories, facilities, and all means of . construction, and any and all parts of the work whether the Contractor has been paid, partially paid, or not paid for such work, until the date the City issues its certificate of completion to Contractor. The City 5 20 21 22 23 24 reserves the right, after the proposals have been opened and before the contract has been awarded, to require of a proposer the following information: (a) The experience record of the proposer showing completed jobs of a similar nature to the one covered by the intended contract and all work in progress with bond amounts and percentage completed. (b) A sworn statement of the current financial condition of the proposer. (c) Equipment schedule. 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. t PROTECTION OF SUBSURFACE LINES AND STRUCTURES It shall be the Contractor's responsibility to prosecute the work contemplated by the contract documents in such a way as to exercise due care to locate and prevent damage to all underground pipelines, utility lines, conduits or other underground structures which might or could be damaged by Contractor during the construction of the project contemplated by these contract documents. The City of Lubbock agrees that it will furnish Contractor the location of all such underground lines and utilities of which it has knowledge. However, such fact shall not relieve the Contractor of his responsibilities aforementioned. All such underground lines or structures, both known and unknown, cut or damaged by Contractor during the prosecution of the work contemplated by this contract shall be repaired immediately by Contractor to the satisfaction of the City of Lubbock, Texas, and/or the owning utility at the Contractor's expense. 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. EXPLOSIVES 23.1 The use of explosives will not be pennitted 23.2 Explosive materials shall not be stored or kept at the construction site by the Contractor. CONTRACTOR'S REPRESENTATIVE The successful proposer shall be required to have a responsible local representative available at all times while the work is in progress under this contract. The successful proposer shall be required to furnish the name, address and telephone number where such local representative may be reached during the time that the work contemplated by this contract is in progress. 6 F, F25 INSURANCE 25.1 The Contractor shall not commence work under this contract until he has obtained all insurance as required in the General Conditions of the contract documents, from an underwriter authorized to do business in the State of Texas and satisfactory to the City. Proof of coverage shall be furnished to the City and written notice of cancellation or any material change will be provided ten (10) days in advance of cancellation or change. All policies shall contain an agreement on the part of the insurer waiving the right to subrogation. The Contractor shall procure and carry at his sole cost and expense through the life of this contract, insurance protection as hereinafter Y, 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 3 submitted before contract execution. t_ 26 LABOR AND WORKING HOURS 26.1 Attention of each proposer is particularly called to the schedule of general prevailing rate of per diem wages included in these contract documents. The wage rate that must be paid on this project shall not be less than specified in the schedule of general prevailing rates of per diem wages as above mentioned. The proposer' attention is further directed to the requirements of Texas Government Code, Chapter 2258, Prevailing Wage Rates, providing for the payment of the wage schedules above mentioned and the proposer's obligations thereunder. The inclusion of the schedule of general prevailing rate of per diem wages in the contract documents does not release the Contractor from compliance with any wage law that may be applicable. Construction work under this contract requiring an inspector will not be performed on Sundays or holidays unless the following conditions exist: 26.1.1 The project being constructed is essential to the City of Lubbock's ability to provide the necessary service to its citizens. 26.1.2 Delays in construction are due to factors outside the control of the Contractor. The Contractor is approaching the penalty provisions of the contract and Contractor can show he has made a diligent effort to complete the contract within the allotted time. 26.2 Before construction work requiring an inspector is to be performed on Sundays or holidays, the Contractor must notify the Owner's Representative not less than three full working days prior to the weekend or holiday he desires to do work and obtain written permission from the Owner's Representative to do such work. The final decision on whether to allow construction work requiring an inspector on Sundays or holidays will be made by the Owner's Representative. 26.3 In any event, if a condition should occur or arise at the site of this project or from the work being done under this contract which is hazardous or dangerous to property or life, the Contractor shall immediately commence work, regardless of the day of the week or the time of day, to correct or alleviate such condition so that it is no longer dangerous to property or life. 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 7 29 shall keep a record showing the name and occupation of each worker employed by the Contractor or subcontractor in the construction of the public work and the actual per diem wages paid to each worker. This record shall be open at all reasonable hours to inspection by the officers and agents of the City. The Contractor must classify employees according to one of the classifications set forth in the schedule of general prevailing rate of per diem wages, which schedule is included in the contract documents. The Contractor shall forfeit as a penalty to the City of Lubbock on whose behalf this contract is made, sixty dollars for each laborer, workman, or mechanic employed for each calendar day, or portion thereof, such laborer, workman or mechanic is paid less than the wages assigned to his particular classification as set forth in the schedule of general prevailing rate of per diem wages included in these contract documents. PROVISIONS CONCERNING ESCALATION CLAUSES Proposals submitted containing any conditions which provide for changes in the stated proposal price due to increases or decreases in the cost of materials, labor or other items required for the project will be rejected and returned to the proposer without being considered. PREPARATION FOR PROPOSAL 29.1 The form shall be correctly filled in, stating the price in numerals for which he intends to do the work contemplated or furnish the materials required. Such prices shall be written in ink, distinctly and legibly, or typewritten. In case of discrepancy between the unit price and the extended total for a bid item, the unit price will be taken. A bid that has been opened may not be changed for the purpose of correcting an error in the bid price. The bidder shall submit his bid on forms furnished by the City, and all blank spaces in the changed for the purpose of correcting an error in the bid price. 29.2 If the proposal is submitted by an individual, his name must be signed by him or his duly authorized agent. If a proposal is submitted by a firm, association, or partnership, the name and address of each member must be given and the proposal signed by a member of the firm, association or partnership, or person duly authorized. If the proposal is submitted by a company or corporation, the company or corporate name and business address must be given, and the proposal signed by an official or duly authorized agent. Powers of attorney authorizing agents or others to sign proposals must be properly certified and must be in writing and submitted with the proposal. The proposal shall be executed in ink. 29.3 Each proposal shall be enclosed in a sealed envelope, addressed as specified in the Notice to Offerors, and endorsed on the outside of the envelope in the following manner: 29.3.1 Proposer's name 29.3.2 Proposal "RFP 17-13012-TF LIFT STATION 41 REPLACEMENT" Proposal submittals may be withdrawn and resubmitted at any time before the time set for t opening of the proposals, but no proposal may be withdrawn or altered thereafter. 29.5 Pursuant to Texas Local Government Code 252.043(g), a competitive sealed proposal that -t has been opened may not be changed for the purpose of correcting an error in the proposal price. THEREFORE, ANY CORRECTIONS TO THE PROPOSAL PRICE MUST BE MADE ON THE PROPOSAL SUBMITTAL FORM PRIOR TO PROPOSAL OPENING. 30 BOUND COPY OF CONTRACT DOCUMENTS Proposer understands and agrees that the contract to be executed by proposer shall be bound and include the following: (a) Notice to Offerors. (b) General Instructions to Offerors. (c) Proposer's Submittal Form. (d) Statutory Bonds (if required). (e) Contract Agreement. (f) General Conditions. (g) Special Conditions (if any). (h) Specifications. (i) Insurance Certificates for Contractor and all Sub -Contractors. (j) All other documents made available to proposer for his inspection in accordance with the Notice to Offerors. If Plans and Specifications are too bulky or cumbersome to be physically bound, they are to be considered incorporated by reference into the aforementioned contract documents. 31 QUALIFICATIONS OF OFFERORS The proposer may be required before the award of any contract to show to the complete satisfaction of the City of Lubbock that it has the necessary facilities, ability, and financial resources to provide the service specified therein in a satisfactory manner. The proposer may also be required to give a past history and references in order to satisfy the City of Lubbock about the proposer's qualifications. The City of Lubbock may make reasonable investigations deemed necessary and proper to determine the ability of the proposer to perform the work, and the proposer shall furnish to the City of Lubbock all information for this purpose that may be requested. The proposer's proposal may be deemed not to meet specifications or the proposal may be rejected if the evidence submitted by, or investigation of, the proposer fails to satisfy the City of Lubbock that the proposer is properly qualified to carry out the obligations of the contract and to complete the work described therein. Evaluation of the proposer's qualifications shall, include but not be limited to: (a) The ability, capacity, skill, and financial resources to perform the work or provide the service required. (b) The ability of the proposer to perform the work or provide the service promptly or within the time specified, without delay or interference. (c) The character, integrity, reputation, judgment, experience, and efficiency of the proposer. (d) The quality of performance of previous contracts or services. (e) The safety record of the Contractor and proposed Sub -Contractors (f) The experience and qualifications of key project personnel (g) Past experience with the Owner 9 Before contract award, the recommended contractor for this project may be required to show that he has experience with similar projects that require the Contractor to plan his work efforts and equipment needs with City of Lubbock specifications in mind. Demonstration of experience shall include a complete list of ALL similar municipal and similar non -municipal current and completed projects for the past five (5) years for review. This list shall include the names of supervisors and type of equipment used to perform work on these projects. In addition, the Contractor may be required to provide the name(s) of supervisor(s) that will be used to perform work on this project in compliance with City of Lubbock specifications herein. 32 BASIS OF PROPOSALS AND SELECTION CRITERIA The City uses the Competitive Sealed Proposals procurement method as authorized by the Texas Legislature and further defined by Texas Government Code Section 2269. The Maximum Point value is equal to 100 points. The weight factor is 60% for Price, 30% for Contractor Qualifications, 5% for Safety Record Questionnaire, and 5% for Construction Time. The selection criteria used to evaluate each proposal includes the following: 32.1 60% PRICE: The quality of Offerors is not judged solely by a low initial cost proposal or, conversely, eliminated solely because of a high initial cost proposal. The following is the formula used when determining price as a factor for construction contract proposals. The lowest proposal price of all the proposals becomes the standard by which all price proposals are evaluated. One at a time, each proposal is evaluated by taking the lowest proposal price and dividing it by the price of the proposal being evaluated. That fraction is then multiplied by the maximum point value of one hundred (100) multiplied by the weight of the price factor (0.60) for the price score (maximum score of 60). For Example: (Lowest Price/Current Proposal Price) x Maximum Point Value x Weight Factor = Price Score. 32.2 30% CONTRACTOR QUALIFICATIONS: When evaluating a contractor's qualifications, the City uses the "Contractor's Statement of Qualifications" attached within and past experience with the contractor. The City may also interview the job superintendent at a time to be named after receipt of proposals. This criterion is subjectively evaluated and the formula is as follows: (Points X Weight = Score) with a maximum of one hundred (100) points and a weight of 0.25 resulting in a maximum score of 25. Each evaluator assigns points based upon the responses the contractor provides in the "Contractor's Statement of Qualifications" And any past experience with the contractor. The "Contractor's Statement of Qualifications" is a minimum, and you may provide additional pertinent information relevant to the project for which you are submitting this proposal. 32.3 5% SAFETY RECORD QUESTIONNAIRE: This criterion is also more subjectively evaluated and based on the sum of the four Safety Record Questionnaire questions. Questions 1 through 3 have a maximum of twenty (20) points and a weight of 0.10. A "Yes" response will be evaluated. A "No" response will result in the maximum points of 20 for that question. The formula for questions 1 through 3 is as follows: (Points X Weight = Score) (maximum score for questions 1 through 3 is 6.0). Question 4 relates to the Experience Modification Ratio (EMOD). The lowest EMOD of all the EMOD's becomes the standard by which all EMOD's are evaluated. One at a time, each proposal is evaluated by taking the lowest EMOD and dividing it by the EMOD being evaluated. 10 1 _. That fraction is then multiplied by the maximum point value of forty (40) multiplied by the weight value of 0.10 for the EMOD score (maximum score of 4.0). For Example: (Lowest EMOD/Current EMOD) x Maximum Point Value x Weight Factor = EMOD Score. Each evaluator assigns points based upon the responses you provide in your "Safety Record Questionnaire" and the Contractors Experience Modification Ratio. The Contractor must submit this ratio with his bid. Contractors with an Experience Modification Ratio greater than 1 will receive a score of zero on safety question 4. The City may consider any incidence involving worker safety or safety of Lubbock residents, be it related or caused by environmental, mechanical, operational, supervision or any other cause or factor under the contractor's control. Evaluators base their rating primarily upon how well you document previous offenses with the date of the offense, location where the offense occurred, type of offense, final disposition of the offense, and any penalty assessed as well as the Experience Modification Ratio. 32.4 5% CONSTRUCTION TIME: This criterion is, as with price, objective and evaluators use the following formula when determining construction time as a factor for construction contract proposals. The lowest construction time proposal of all the proposals becomes the standard by which all the construction time proposals are evaluated. One at a time, each proposal is evaluated by taking the lowest construction time and dividing it by the construction time of the proposal being evaluated. That fraction is then multiplied by the maximum point value of one hundred (100) multiplied by the weight of the construction time factor (0.05) for the construction time score (maximum score of 5). For Example: (Lowest Construction Time/Current Construction Time) x Maximum Point Value x Weight Factor = Price Score. 32.5 EVALUATION PROCESS: Evaluators independently review and score each proposal. The Committee meets, during which time the Committee Chairperson totals the individual scores. If the individual scores are similar, the Chairperson averages the scores then ranks offerors accordingly. If the scores are significantly diverse, the Chairperson initiates and moderates discussion to determine the reasons for the differences and ensures that all evaluators are fully knowledgeable of all aspects of the proposals. Scores may then be adjusted by the committee based on committee discussion. Please note that offerors with higher qualifications scores could be ranked higher than offerors with slightly better price scores. 32.6 The estimated budget for the construction phase of this project is $1,000,000. 32.7 Proposals shall be made using the enclosed Proposal Submittal Form. 33 SELECTION 33.1 Selection shall be based on the responsible offeror whose proposal is detennined to be the most advantageous to the City of Lubbock considering the relative importance of evaluation factors included in this RFP. 33.2 NO INDIVIDUAL OF ANY USING DEPARTMENT (CITY OF LUBBOCK WATER UTILITIES OR OTHER) HAS THE AUTHORITY TO LEGALLY AND/OR FINANCIALLY 11 COMMIT THE CITY TO ANY CONTRACT, AGREEMENT OR PURCHASE ORDER FOR ! GOODS OR SERVICES, UNLESS SPECIFICALLY SANCTIONED BY THE REQUIREMENTS OF THIS REQUEST FOR PROPOSAL. 3 33.3 The City shall select the offeror that offers the best value for the City based on the published selection criteria and on its ranking evaluation. The City shall first attempt to negotiate a contract with the selected offeror. The City and its engineer or architect may discuss with the selected offeror options for a scope or time modification and any price change associated with the modification. If the City is unable to negotiate a contract with the selected offeror, the City shall, formally and in writing, end negotiations with that offeror and proceed to the next offeror in the order of the selection ranking until a contract is reached or all proposals are rejected. 33.4 In detennining best value for the City, the City is not restricted to considering price alone, but ta' may consider any other factor stated in the selection criteria. 33.5 A proposal will be subject to being considered irregular and may be rejected if it shows omissions, alterations of form, conditional alternate proposals, additions or alternates in lieu of the items specified, if the unit prices are obviously unbalanced (either in excess of or below reasonably expected values), or irregularities of any kind. " 34. ANTI -LOBBYING PROVISION 34.1 DURING THE PERIOD BETWEEN PROPOSAL SUBMISSION DATE AND THE CONTRACT AWARD, PROPOSERS, INCLUDING THEIR AGENTS AND REPRESENTATIVES, SHALL NOT DISCUSS OR PROMOTE THEIR PROPOSAL WITH ANY MEMBER OF THE LUBBOCK CITY COUNCIL OR CITY STAFF EXCEPT UPON THE REQUEST OF THE CITY OF LUBBOCK PURCHASING DEPARTMENT IN THE COURSE OF CITY -SPONSORED INQUIRIES, BRIEFINGS, INTERVIEWS, OR PRESENTATIONS. 34.2 This provision is not meant to preclude bidders from discussing other matters with City Council members or City staff. This policy is intended to create a level playing field for all potential bidders, assure that contract decisions are made in public, and to protect the integrity of the bid process. Violation of this provision may result in rejection of the bidder's bid. 35 PREVAILING WAGE RATES 35.1 Offerors are required to comply with Texas Government Code, Chapter 2258, Prevailing Wage Rates, with respect to the payment of prevailing wage rates for the construction of a public work, including a building, highway, road, excavation, and repair work or other project development or improvement, paid for in whole or in part from public funds, without regard to whether the work is done under public supervision or direction. A worker is employed on a public work if the worker is employed by the contractor or any subcontractor in the execution of the contract for the project. 12 35.2 A worker employed on a public work by or on behalf of the City of Lubbock shall be paid not less than the general prevailing rate of per diem wages for the work of a similar character in the locality in which the work is performed, and not less than the general prevailing rate of per diem wages for legal holiday and overtime work. 35.3 The State of Texas has adopted the Federal Davis -Bacon wage rates for use in Texas pursuant to and in accordance with the Texas Government Code, Section 2258.022. Bidders may access the U. S. Department of Labor web site at the following web address to obtain the rates to be used in Lubbock County: http://www.wdol.gov/dba.gox 35.4 It shall be the responsibility of the successful offeror to obtain the proper wage rates from the web site for the type of work defined in the bid specifications. 35.5 A contractor or subcontractor who violates Texas Government Code Section 2258.023 shall pay to the City of Lubbock $60 for each worker employed for each calendar day or part of the day that the worker is paid less than the wage rates stipulated in the contract. 13 TEXAS GOVERNMENT CODE 2269 SUBCHAPTER D. SELECTING CONTRACTOR FOR CONSTRUCTION SERVICES THROUGH COMPETITIVE SEALED PROPOSALS Sec. 2269.151. CONTRACTS FOR FACILITIES: COMPETITIVE SEALED PROPOSALS. (a) In this chapter, "competitive sealed proposals" is a procurement method by which a governmental entity requests proposals, ranks the offerors, negotiates as prescribed, and then contracts with a general contractor for the construction, rehabilitation, alteration, or repair of a facility. (b) In selecting a contractor through competitive sealed proposals, a governmental entity shall follow the procedures provided by this subchapter. Sec. 2269.152. USE OF ARCHITECT OR ENGINEER. The governmental entity shall select or designate an architect or engineer to prepare construction documents for the project. The selected or designated engineer or architect has full responsibility for complying with Chapter 1001 or 1051, Occupations Code, as applicable. If the engineer or architect is not a full-time employee of the governmental entity, the governmental entity shall select the engineer or architect on the basis of demonstrated competence and qualifications as provided by Section 2254.004, Government Code. Sec. 2269.153. PREPARATION OF REQUEST. The governmental entity shall prepare a request for competitive sealed proposals that includes construction documents, selection criteria and the weighted value for each criterion, estimated budget, project scope, estimated project completion date, and other information that a contractor may require to respond to the request. The governmental entity shall state in the request for proposals the selection criteria that will be used in selecting the successful offeror. Sec. 2269.154. EVALUATION OF OFFERORS. (a) The governmental entity shall receive, publicly open, and read aloud the names of the offerors and any monetary proposals made by the offerors. (b) Not later than the 45th day after the date on which the proposals are opened, the governmental entity shall evaluate and rank each proposal submitted in relation to the published selection criteria. Sec. 2269.155. SELECTION OF OFFEROR. (a) The governmental entity shall select the offeror that submits the proposal that offers the best value for the governmental entity based on: (1) the selection criteria in the request for proposal and the weighted value for those criteria in the request for proposal; and (2) its ranking evaluation. (b) The governmental entity shall first attempt to negotiate a contract with the selected offeror. The governmental entity and its architect or engineer may discuss with the selected offeror options for a scope or time modification and any price change associated with the modification. (c) If the governmental entity is unable to negotiate a satisfactory contract with the selected offeror, the governmental entity shall, formally and in writing, end negotiations with that offeror and proceed to the next offeror in the order of the selection ranking until a contract is reached or all proposals are rejected: In determining best value for the governmental entity, the governmental entity is not restricted to considering price alone, but may consider any other factor stated in the selection criteria. PROPOSAL SUBMITTAL FORM Page Intentionally Left Blank REVISED PROPOSAL SUBMITTAL FORM UNIT PRICE PROPOSAL CONTRACT DATE: March 23, 2017 PROJECT NUMBER: RFP 17-13012-TF Lift Station 41 Replacement Proposal of Utility Contractors of America, Inc. (hereinafter called Offeror) To the Honorable Mayor and City Council City of Lubbock, Texas (hereinafter called Owner) Ladies and Gentlemen: The Offeror, in compliance with your Request for Proposals for the construction of the Lift Station 41 Replacement having carefully examined the plans, specifications, instructions to offerors, notice to offerors and all other related contract documents and the site of the intended work, and being familiar with all of the conditions surrounding the construction of the intended project including the availability of materials and Iabor, hereby intends to furnish all labor, materials, and supplies; and to construct the project in accordance with the plans, specifications and contract documents, within the time set forth therein and at the price stated below. The price to cover all expenses incurred in performing the work required under the contract documents. ITEM NO. DESCRIPTION ESTIMATED QUANTITY UNIT UNIT PRICE EXTENDED AMOUNT 1 MOBILIZATION I LS SL1 90 T $ '� 000.00 LIFT STATION SITE WORK, 2 WET WELL, VALVE VAULT, 1 LS $ AND ELECTRICAL CONTROLS 3 12" SDR 26 PVC SEWER PIPE 93 LF BY OPEN CUT i7r5 12" AWWA C-900 DR-18 PVC 4 WATER PIPE (FOR SEWER, 1,595 LF $ GREEN COLOR) BY OPEN CUT 12" AWWA C-900 DR-18 PVC WATER PIPE (FOR SEWER, 5 GREEN COLOR) AND 20" 100 LF $ STEEL CASING PIPE (BY C BORE) , 6 5-FOOT DIA. CONCRETE MANHOLE 1 EA C1 oo I $ 7 EXTRA DEPTH FOR 5-FOOT DIA. CONCRETE MANHOLE 12 VF 6DO.°p $ � (o .°° $ 5-FOOT DIA. DROP CONCRETE MANHOLE I EA 000.'a $ ` boo..* SR Rcvlsrn ITEM NO. DESCRIPTION ESTIMATED QUANTITY UNIT UNIT PRICE EXTENDED AMOUNT EXTRA DEPTH FOR 5-FOOT 9 DIA. DROP CONCRETE 11 VF �� ����' MANHOLE • CONNECT PROPOSED 10 SANITARY SEWER PIPE TO 1 EA $ $ EXISTING MANHOLE VACUUM TESTING OF 11 SANITARY SEWER 2 EA $ MANHOLES ffi I �O POST CONSTRUCTION 12 CLEANING AND TV 1,790 LF ffi $ INSPECTION 13 TRENCH SAFETY SYSTEM 1,690 LF 1 C� TEMPORARY EROSION, 14 SEDIMENT, AND WATER 1 LS POLLUTION PREVENTION 10" PLAN 15 DUCTILE IRON WATER FITTINGS 1 TON $ � 16 2" COMBINATION AIR RELEASE VALVE 1 EA -7r 5� $ 17 ABANDON LIFT STATION l LS g 15t DAD co $ r5 two 18 TRAFFIC CONTROL 1 MO a zoo.00 $ ao, Gw . ov 19 CONCRETE PAVEMENT 200 Sy $ o0 REPAIR 7 °° 16 20 ASPHALT PAVEMENT 45 Sy g ,t� oo $ REPAIR t 21 CONCRETE SIDEWALK REPAIR 15 LF ipi� oo $ 1 t 00 22 CONCRETE ALLEY REPAIR 50 Sy 9D .°° $ 00 L', sm - 23 HYDROSEED 2,012 Sy - $ 24 CONCRETE CURB AND 300 LF $ GUTTER REPAIR �, 2S ROCK RIPRAP/GABION REPAIR (12") SS Sy I� ®, $ 5t 5� as Offeror's Initials 611 REVISED 2ti CUT AND PLUG EXISTING 8" FORCE MAIN 2 EA 0o l f $ � ,DW.00 TOTAL PROJECT (ITEMS 1-26) S q 0,1616 Ci Offeror's Initials DURATION 1. Number of days required for construction: TOTAL CALENDAR DAYS: 100 Offeror hereby agrees to commence the work on the above project on a date to be specified in a written "Notice to Proceed" of the Owner and to substantially complete the project within 270 Consecutive Calendar Days with final completion within 300 Consecutive Calendar Days as stipulated in the specification and other contract documents. Offeror hereby further agrees to pay to Owner as liquidated damages the sum of $200 for each consecutive calendar day after substantial completion and in excess of the time to final completion set forth herein above for completion of this project, all as more fully set forth in the General Conditions of the Agreement. f' Offeror understands and agrees that this proposal submittal shall be completed and submitted in accordance with instruction number 29 of the General Instructions to Offerors. Offeror understands that the Owner reserves the right to reject any or all proposals and to waive any formality in the proposing. The Offeror agrees that this proposal shall be good for a period of six (60) calendar days after the scheduled closing time for receiving proposals. The undersigned Offeror hereby declares that he has visited the site of the work and has carefully examined the plans, specifications and contract documents pertaining to the work covered by this proposal, and he further agrees to commence work on the date specified in the written notice to proceed, and to substantially complete the work on which he has proposed; as provided in the contract documents. �- Offerors are required, whether or not a payment or performance bond is required, to submit a cashier's check or certified check issued by a bank satisfactory to the City of Lubbock, or a proposal bond from a reliable surety company, payable without recourse to the order of the City of Lubbock in an amount not less than five percent (5%) of the total amount of the proposal submitted as a guarantee that offeror will enter into a contract, obtain all required insurance policies, and execute all necessary bonds (if required) within ten (10) days after notice of award of the contract to him. Offeror's Initials 7R REVISED Enclosed with this proposal is a Cashier's Check or Certified Check Enclosed with this proposal is a Cashier's Check or Certified Check for Dollars ($ or a Proposal Bond in the sum of Five Percent Dollars (S 5% ), which it is agreed shall be collected and retained by the Owner as liquidated damages in the event the proposal is accepted by the Owner and the undersigned fails to execute the necessary contract documents, insurance certificates, and the required bond (if any) with the Owner within ten (10) business days after the date of receipt of written notification of acceptance of said proposal; otherwise, said check or bond shall be returned to the undersigned upon demand. Offeror understands and agrees that the contract to be executed by Offeror shall be bound and include all contract documents made available to him for his inspection in accordance with the Notice to Offerors. Pursuant to Texas Local Government Code 252.043(g), a competitive scaled proposal that has been opened may not be changed for the purpose of correcting an error in the proposal price. THEREFORE, ANY CORRECTIONS TO THE PROPOSAL PRICE MUST BE MADE ON THE PROPOSAL SUBMITTAL FORM PRIOR TO PROPOSAL OPENING. (Seal if Offeror is a Corporation) ATTE T: zljj&AN� C., Secrete Offeror acknowledges receipt of the following addenda: Addenda No. 1 Date 03/10/17 Addenda No. _2_ Date 03/14J17 Addenda No. Date Addenda No. Date Date: March 23, 2017 iq'4-0- .& t Authorized Signature Chris Balios (Printed or Typed Name) Utility Contractors of America, Inc. Company 5805 CR 7700 Address Lubbock Lubbock City, County Texas 79424 State Zip Code Telephone: 806 - 863-2642 Fax: 806 - 863-4132 Email: _ucatexas.com FEDERAL TAX ID or SOCIAL SECURITY No. 75-2214193 M/WBE Firm: I I Woman 131ack American Native American Hispanic American Asian Pacific American Other S cif } Us 8R. DocumentT Conforms with The American Institute of Architects AIA Document 310 CONTRACTOR. (Name, legal status and address) UTILITY CONTRACTORS OF AMERICA, INC. 5805 CR 7700 LUBBOCK, TEXAS 79424 OWNER: (Name, legal status and address) CITY OF LUBBOCK 1625 13th STREET, ROOM 204 LUBBOCK, TEXAS 79401 SURETY: (Name. legal status and principal place of business) Liberty Mutual insurance Company 175 Berkeley Street Boston, MA 02116 Mailing Address for Notices Liberty Mutual Insurance Company Attention: Surety Claims Department 1001 4th Avenue, Suite 1700 Seattle, WA 98154 This document has important legal consequences. Consultation with an attorney Is encouraged with respect to Its completion or modification. Any singular reference to Contractor, Surety, Owner or other party shall be considered plural where applicable. BOND AMOUNT: FTVE PERCENT OF THE GREATEST AMOUNT BTD ---------------------------- PROJECT: (Name. location or address, and Project number, if anv) LIFT STATION 41 REPLACEMENT RFP 17-13012-TF The Contractor and Surety are bound to the Owner in the amount set forth above, for the payment of which the Contractor and Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, as provided herein. The conditions of this Bond are such that if the Owner accepts the bid of the Contractor within the time specified in the bid documents, or within such time period as may be agreed to by the Owner and Contractor, and the Contractor either (1) enters into a contract with the O%rrer in accordance with the terms of such bid, and gives such bond or bonds as may be specified in the bidding or Contract Documents, with a surety admitted in the jurisdiction of the Project and otherwise acceptable to the Owner, for the faithful performance of such Contract and for the prompt payment of labor and material furnished in the prosecution thereof; or (2) pays to the Owner the difference, not to exceed the amount of this Bond, between the amount specified in said bid and such larger amount for which the Owner may in good faith contract with another party to perform the work covered by said bid, then this obligation shall be null and void, otherwise to remain in full force and effect. The Surety hereby waives any notice of an agreement bet%vecn the Owner and Contractor to extend the time in which the Owner may accept the bid. Waiver of notice by the Surety shall not apply to any extension exceeding sixty (60) days in the aggregate beyond the time for acceptance of bids specified in the bid documents, and the Owner and Contractor shall obtain the Surety's consent for an extension beyond sixty (60) days. if this Bond is issued in connection with a subcontractor's bid to a Contractor, the term Contractor in this Bond shall be deemed to be Subcontractor and the term Owner shall be deemed to be Contractor. When this Bond has been furnished to comply with a statutory or other legal requirement in the location of the Project, any provision in this Bond conflicting with said statutory or legal requirement shall be deemed deleted herefrom and provisions conforming to such statutory or other legal requirement shall be deemed incorporated herein. When so furnished, the intent is that this Bond shall be construed as a statutory bond and not as a common law bond. Signed and sealed this 14th day of MARCH , 2017 L , CONTRACTORS OF AMERICA, INC. ( ! (Seal) (Witness) t! ) — - 7 iberty Mutual Insuran6b Compan �� trtsu .7 (Surety) (Witness) CARLA OGERS "o `+ 1 �12 � (Tille) AR tA H1LL, ATTORNEY -IN -FACT LMS-IM541 VIO �- THIS POWER OF ATTORNEY IS NOT VALID UNLESS IT IS PRINTED ON RED BACKGROUND. This Povar of Attorney limits the seta of those named herein, and they have no authority to bind the Company except In the mariner and to the extent heroin elated. Certificate No. 7328498 American Fire and Casualty Company Liberty Mutual Insurance Company The Ohio Casualty Insurance Company West American Insurance Company POWER OF ATTORNEY KNOWN ALL PERSONS BY THESE PRESENTS, That American Fire& Casually Company and The Ohio Casualty Insurance Company are corporations duly organized under the laws of the Stale of New Hampshire, that Liberty Mutual Insurance Company Is a corporation duly organized under the laws of the State of Massachusetts, and West American Insurance Company is a corporation duly organized under the lays of the State of Indiana (herein collectively called the'Companaes', pursuant to and by authority herein set forth, does herby name, constitute and appoint, Howard Cowan- Marla Hill all of the city of Lubbock state of Tx each individually if there be more than one named, Its true and lawful adomey-an•facl to make, execute, seal, acknowledge and deliver, for and on its behalf as surety and as its act and deed, any and all undertakings, bonds, rercignizances and other surety obligations, in pursuance of these presents and shall be as banding upon the Companies as if they have been duly �gned by the president and attesied by the secretary of the Companies in their own proper persons IN WITNESS WHEREOF, this Power of Attorey has been subscribed by an authorized officer or official of the Companies and the corporate seals of the Companies have been affixed ltwietothis 15th dayof Apru 2016 o CAS Sy +rase 1hrsso-R tesu Amedcan Fite and Casualty Company The Ohio Casualty Insurance Company v 1906 0 o r919 1912 ¢ 1991 ti Labefty Mutual Insurance Company West merlcan{IInlsurance Company �fi'� A. ���� �Vl. hAbi •C`Y`'bD �T t?Y �� � 1ib6uR �� + L a 4 By: STATE OF PENNSYLVANIA ss David M. Carey, Assistant Secretary COUNTY OF MONTGOMERY On this 15th day of April2Q16 , before me personally appeared David M, Carey, who acknowledged himself to be the Assistant Secretary of American Fare and Casualty Company, Liberty Mutual Insurance Company, The Ohio Casualty Insurance Company, and West American Insurance Company, and that he, as such, being authorized so to do, execute the foregoing Instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer, IN WITNESS WHEREOF, I have hereunto subscribed m name and affixed my notarial seal at Plymouth Meeting, Pennsylvania, on the day and year first above written. 5� PASp COMMONWEALTH OF PENN5YLVANiA Al j} �Q �0AW �e Notarial Seat oJ o t s Teresa Pastena. Notary Public By OF PiymouthTwp, Montgomery County Teresa Paslella, Notary Public My Commission Expires March 28, 2017 Member, Pennsytvania Association or Notaries qy This Power of Attomey is made and executed pursuant to an by authority of the following By -taws and Authorizations of American Fare and Casualty Company, The Ohio Casualty insurance Company, Liberty Mutual Insurance Company, and WestAmedw Insurance Company which resolutions are now in full force and effect reading as follows: ARTICLE IV— OFFICERS— Section 12 Power of Attorney. Any officer or other official of the Corporation authorized for that purpose in writing by the Chairman or the President, and subject to such limitation as the Chairman or the President may prescribe, shall appoint such attorneys-in•fact, as may be necessary to act in behalf of the Corporation to make, execute, seal, acknowledge and cle aver as surety any and all undertakings, bonds, recognizances and other surety obligations. Such attorneys -in -fact, subject to the limitations set forth in their respective pourers of allomay, shall have full power to bind the Corporation by their signature and execution of any such instruments and to attach thereto the seal of the Corporation. When so executed, such instruments sha' be as binding as if signed by the President and attested to by the Secretary -Any power or authority granted to any representative or attorWin-fact under the provisions of this article may be revoked at any line by the Board, the Chairman, the President or by the officer or officers granting such power or authority. ARTICLE All— Execution of Contracts — SECTION 5. Surety Bonds and Undertakings. Any officer of the Company authorized for that purpose In writing by the chairman or the president, and subject to such limitations as the chairman or the president may prescribe, shall appoint such attorneys -in -fact, as may be necessary to act in behalf of the Company to make, execute, seal, acknowledge and detever as surety any and at undertakings, bonds, recgn'izances and other surety obligations. Such atomeysan-fact subteen to the limitations set forth in their respective powers of attorney, shall have full power to bind the Company by their signature and execution of any such instruments and to attach thereto the seal of the Company, When so executed such Instruments shah be as binding as if signed by the president and attested by the secretary. Certificate of Des€gnation — The President of the Company, aging pursuant to the Bylaws of the Company, authorizes David M. Carey, Assistant Secretary to appoint such antomeys-in- W as may be necessary to act on behalf of the Company to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, racogniizances and other surety obligations Authoriudon — By unanimous consent of the Company's Board of Directors, the Company consents that facsimile or mechanically reproduced signature of any assistant secretary of the Company, wherever appearing upon a certified copy of any power of attorney Issued by the Company in connection with surety bonds, shall be valid and binding upon the Company with the same force and effect as through manually affixed. 1, Gregory W. Davenport, the undersigned, Assistant Secretary, of Americar Fire and Casualty Company, The Ohio Casualty Insurance Company, Liberty Mutual Insurance Company, and West American Insurance Company do hereby certify that the original power of attorney of which the foregoing is a ful, true and correct copy of the Power of Attorney executed by said Companies, Is in full torte and effect and has not been revoked. IN TESTiMONY WHEREOF, I have hereunto set my hand and affixed the seals of said Companies this 141H day of �Ata0CAS&i gY tr4SUQ? ti tit r�P ��tk 4 o f cJr ,Tk rO yrr t e r w r o 0 1946 0 1919 0 1912 1991 d o �dJ.��YtVP+^ �tSA V�, �w�+Jf.,•�',�'1`� ��j 3 Y'� � 0.hnH* 7 • 1 it A A a , 2fi 17 By; .----.—� Gregory W. Davenport, Assistant Secretary I 9 l= LMS_12873 122ri13 176 of 200 Contractors Statement of Qualifications Individual contractors and joint ventures submitting a bid must complete the following evaluation information for the Project. Joint ventures shall be composed of not more than two firms and each firm must complete separate evaluations. Evaluation information must be submitted at time of bid submittal. Failure to submit the following Bidder Evaluation information may result in the OWNER considering the bid non -responsive and result in rejection of the bid by the OWNER. Bidders are to provide any additional information requested by the OWNER. In evaluating a firm's qualifications, the following major factors will be considered: A. FINANCIAL CAPABILITY: For this project, the CONTRACTOR'S financial capability to undertake the project will be determined by the CONTRACTOR'S ability to secure bonding satisfactory to the OWNER. B. EXPERIENCE: Do the organization and key personnel have appropriate technical experience on similar projects? C. SAFETY: Does the organization stress and support safety as an important function of the work process? D. QUALITY OF WORK: (1) Does the organization have a commitment to quality in every facet of their work - the process as well as the product? (2) Does the organization have a written quality philosophy and/or principles that exemplifies their work? If so, submit as Attachment "A". (3) Has this organization ever received an award or been recognized for doing "quality" work on a project? If so, give details under Attachment "A". E. CONFORMANCE TO CONTRACT DOCUMENTS: (1) Does the organization have a commitment and philosophy to construct projects as designed and as defined in the Contract Documents? The OWNER reserves the right to waive irregularities in determining the firm's qualifications and reserves the right to require the submission of additional information. The qualifications of a firm shall not deprive the OWNER of the right to accept a bid, which in its judgement is the lowest and best bid, to reject any and all bids, to waive irregularities in the bids, or to reject nonconforming, non- responsive, or conditional bids. In addition, the OWNER reserves the right to reject any bid where circumstances and developments have in the opinion of the OWNER changed the qualifications or responsibility of the firm. Material misstatements on the qualifications forms may be grounds for rejection of the firm's bid on this project. Any such misstatement, if discovered after award of the contract to such frrrn, 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 infonnation for your organization: Contractor's Organizational Experience Organization Doing Business As utility Contractors of America, Inc. Business Address of Regional Office 5805 CR 7700 Lubbock, TX 79424 Name of Regional Office Manager Ty Lane Telephone Numbers Main Number 806-663-2642 Fax Number 606-863-4132 Web Site Address .ucatexas.com List of names that this organization currently, has or anticipates operating under over the history of the organization, including the names of related companies doing business: Names of Organization From Date To Date Utility Contractors of America, Inc. I1/1/1987 Present List of companies, firms or organizations that own any part of the organization. Name of companies, firms or organization Percent Ownership Years experience in projects similar to the proposed project: As a General Contractor 1 24 As a Joint Venture Partner Has this or a predecessor organization ever defaulted on a project or failed to complete any work awarded to It? if yes provide full details in a separate attachment. See attachment No. No Has this or a predecessor organization been released from a bid or proposal in the past ten years? No If yes provide full details in a separate attachment. See attachment No. Has this or a predecessor organization ever been disqualification as a bidder or proposer by any local, state, or federal agencey within the last five years? No if yes provide full details in a separate attachment. See attachment No. Is this organization or your proposed surety currently in any litigation or contemplating litigation? No if yes provide full details in a separate attachment. See attachment No. Has this or a predecessor organization ever refused to construct or refused to provide materials defined in the contract documents? No if yes provide full details in a separate attachment. See attachment No. Contractor's Proposed Key Personnel "r,aniza.tion Doing Business As Utility Contractors of America, Inc. i �ief description of the managerial structure of the organization and illustrate with an organizational chart. Include the title and names of key personnel. Include this chart as an attachment to this description. See Attachment No.1 Ty Lane is the President, Chris Balios, Marty Hamm and Troy Lane are Officers and at times act as Project Managers as well as Superintendents. Jonathan Ziegner is the Project Manager on major projects. Superintendents are Leo Garcia, Gilbert Prieto, Brandy Mitchell, Bo Rodriguez Jr, Josh Lane, Steve Levitt, Cory Balios, Kevin Rich, and Bobby Livingston and they answer ultimately to Ty Lane and then to the Vice Presidents. Provide a brief description of the managerial structure proposed for this project and illustrate with an organizational chart. Include the title and names of key personnel. Include this chart as an attachment to this description. See Attachment No. 2 Chris Balios is to be the Project Superintendent. Ty Lane is to be the acting Project Manager, Safety Officer, and Quality Control Manager. f- .. Provide information on the Key Personnel proposed for this project that will provide the following key functions. Provide information for candidates for each of these positions on the pages for each of these Key Personnel. Also provide biographical information for each primary and alternate candidate as an attachment. The biographical information must include the following as a minimum: technical experience, managerial experience, education and formal training, work history which describes project experience, including the roles and responsibilities for each assignment, and primary language. Additional information highlighting experience which makes them the best candidate for the assignment should also be included. Role Primary Candidate Project Manager Ty Lane Project Superintendent Chris Balios Project Safety Officer Ty Lane Quality Control Manager Ty Lane If Key personnel are to fulfill more than one of the roles listed above, provide a written narrative describing how much time will be devoted to each function, their qualifications to fulfill each role and the percentage of time that will be devoted to each role. If the individual is not to be devoted solely to this project, indicate how much time it to be divided between this project and their other assignments. Utility Contractors of America, Inc. 7p� Proposed Project Manager Name Wood Franklin Name Mike Keenum Title/Position Public Works Director Title/Position City Engineer Organization City of Lubbock Organization City of Lubbock Telephone 806-775-2343 Telephone 806-775-2393 E-mail wfranklin@myiubbock.us E-mail nnkeenumt@maH.d.lubbock.tx.us Project All City of Lubbock Projects Project South Lubbock Drainage Candidate role on Proiect Candidate role on Proiect Proiect Manaeer 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 Percent of Time Used for this Estimated Project Name of Assienment I Proiect I Completion Date Name Name Title/Position Title/Position Organization Organization Telephone Telephone E-mail E-mail Project Candidate role on Project Project Candidate role on Project Proposed Project Safety Officer Name Title/Position Wood Franklin Public Works Director Name Title/Position John Turpin Engineer Organization City of Lubbock Organization City of Lubbock Telephone 806-775-2343 Telephone 8067752342 E-mail wfranklin@mylubbock.us E-mail JturpinPmail.ci.lubbock.tx.us Project All City of Lubbock Projects Project South Lubbock Sanitary Sewer Candidate role on Proiect Candidate role on Proiect Supervisor Name of Individual Troy Lane Years of Experience as Safety Officer 26 Years of Experience with this Organization 26 Number of similar projects as Safety Officer Number of simllar projects in other positions Current Project Assignments Percent of Time Used for this Estimated Project Name of Assignment Proiect Completion Date Name Wood Franklin Name John Turpin Title/Position Public Works Director Title/Position Engineer Organization City of Lubbock Organization City of Lubbock Telephone 806-775-2343 Telephone 8067752342 E-mail wfranklin@mylubbock.us E-mail .lturpinernail.ci.lubbock.mus Project All City of Lubbock Projects I Project Candidate role on ICandidate role on �r Proposed Project Quality Control Manager Name Wood Franklin Name John Turpin Title/Position Public Works Director Title/Position Engineer Organization City of Lubbock Organization City of Lubbock Telephone 806-775-2343 Telephone 8067752342 E-mail wfranklin m lubbock.us E-mail Jturpin@mail.ci.lubbock.tx.us Project All City of Lubbock Projects JProject South Lubbock Sanitary Sewer Candidate role on lCandidate role on r Name of Individual Years of Experience as Quality Control Manager Years of Experience with this Organization Number of similar projects as Quality Manager Number of similar projects in other positions Current Proiect Assignments Percent of Time Used for this Estimated Project Name of Assignment I Project I Completion Date Name Name Title/Position Title/Position Organization Organization Telephone Telephone E-mail E-mail Project Project Candidate role on Project Candidate role on Project Contractors Project Experience and Resources Boring, Paving, Traffic Control, SW3P, Surveying Current Major Projects Project Owner City of Lubbock Project Name Traffic Engineering Trenching and Boring Services General Description of Project: Project Cost $12,161,566.00 Estimated Completion Date November 2017 Key Project Personnel Project Manager Superintendent Safety Officer Quality Control Ty Lane Marty Hamm Chris Balios Chris Balios Reference Contact Information (listing names Indicates approval to contacting the named individuals as a reference) Name Title/Position Telephone Email Owner Rudy Garza (806) 775-2174 RBGarza(&rnail.ci.lubbock.tx.us Designer Construction Manager Project Owner City of Lubbock Project Name South Lubbock Sanitary Sewer Extension - Phase 2 General Description of Project: Project Cost $12,482,611.80 Estimated Completion Date July 2026 Key Project Personnel Project Manager Superintendent Safety Officer Quality Control Jonathan Ziegner Bo Rodriguez, Jr Jonathan Ziegner Chris Balios Reference Contact Information (listing names indicates approval to contacting the named individuals as a reference) Name Title/Position Telephone Email Owner Zoltan Fekete (806) 775-3317 ZFekete@maH.ci.lubbock.tx.us Designer Construction Manager Aaron Rader Engineer (817) 335-6511 aaron.rader kimie-horn.com Project Owner City of Lubbock Project Name 2" Water Line Change Out General Description of Project: Project cost $1,528,625.00 Estimated Completion Date Key Project Personnel Project Manager Superintendent Safety Officer Quality Control Jonathan Ziegner Cory Balios Jonathan Ziegner Chris Balios Reference Contact Information (listing names indicates approval to contacting the named individuals as a reference) Name Title/Position Telephone Email Owner Josh Flud (806) 775-3161 JFlud mylubback.us Designer Construction Manager Project Owner City of Lubbock Project Name Construction of Downtown Duct System, Phase 3 General Description of Project: Project Cost $4,299,2.37,90 lEstimated Completion Date January 2017 Key Project Personnel Project Manager Superintendent Safety Officer Quality Control Jonathan Ziegner Steve Levitt Jonathan Zlegner Chris Balios Reference Contact Information (listing names indicates approval to contacting the named individuals as a reference) Name Title/Position Telephone Email Owner Neil Welch Assistant city Engineer (806) 775-3254 i Welch0rnail.ci.lubbock.tx.us Designer Constructlon Manager Project Owner City of Lubbock 77Rect Name Northwest Water Reclamation Plant General Description of Project: Project Cost $11,644,499.00 Estimated Completion Date January 2017 Key Project Personnel Project Manager Superintendent Safety Officer Quality Control Jonathan Ziegner Jonathan Ziegner Chris Balios Reference Contact Information (listing names indicates approval to contacting the named individuals as a reference) Name Title/Position Telephone Email Owner John Turpin Chief Water utlilties Engineer J806) 775-2342 JTur in mail.c1.lubbock.tx.us Designer Construction Manager Project Owner City of Lubbock Project Name Pump Station #16 General Description of Project: Project Cost $17,675,000.00 Estimated Completion Date September 2017 Key Project Personnel Project Manager Superintendent Safety Officer Quality Control Jonathan Ziegner Marty Hamm Jonathan Ziegner Chris Balios Reference Contact Information (listing names indicates approval to contacting the named individuals as a reference) Name Title/Position Telephone Email Owner John Turpin chief water utiiitiesEngineer (806) 775-2342 JTuroinCEDmail.ci.lubbock.tx.us Designer Construction Manager a Project Owner City of Lubbock Project Name Canyon lakes Sanitary Sewer Phase 1 General Description of Project: Project Cost $5,097,938.00 Estimated Completion Date June 2017 Key Project Personnel Project Manager Superintendent Safety Officer Quality Control Jonathan Ziemer Gilbert Prieto Jonathan Ziegner Chris Banos Reference Contact Information (listing names indicates approval to contacting the named Individuals as a reference) Name Title/Position Telephone Email Owner John Turpin Chief Water Utilities Engineer (306) 775-2342 JTur amen a rnail.ci.lubbock.tx.us Designer Construction Manager Major Projects completed within the last 10 Years Project Owner TXDOT Project Name Marsha Sharp Freeway General Description of Project: 24" & 30" steel cylinder water lines Project Cost $3,767,944.32 Date Project Completed 10/1/2007 Key Project Personnel Project Manager Project Safety Officer Quality Control Ty Lane Marty Hamm Taylor Condit Chris Balios Reference Contact Information (listing names indicates approval to contacting the names individuals as a reference) Name Title/Position Telephone Email Owner Brian Wilson Engineer (806) 748-4496 Designer Construction Manager Rob Comey Engineer (806) 771-7283 Project Owner City of Lubbock, Texas Project Name Railport Industrial Improvements General Description of Project: 9505 LF of 8" and 16" Waterline; 6133 LF of 6" and 10" Sewerline Project Cost $1,255,983.00 1 Date Project Completed 3/7/2008 Key Project Personnel Project Manager Project Safety Officer Quality Control Ty Lane Cody Flamm Cody Hamm Chris Balios Reference Contact Information (listing names indicates approval to contacting the names individuals as a reference) Name Title/Position Telephone Email Owner Wood Franklin Public Works Director (806) 775-2343 wfranklini2mylubbock.us Designer Brian Stephens Engineer (806) 473-2200 bstephens@team-psc.com Construction Manager Mark Carpenter Inspector (806) 473-2200 Project Owner City of Lubbock, Texas Project Name South Central Drainage Improvements General Description of Project: 29990 LF of 24" to 72" Cast In Place Storm Sewer up to 50' in depth Project Cost $5,811,646,00 1 Date Project Completed 9/30/2008 Key Project Personnel Project Manager Project Safety Officer Quality Control Ty Lane Leo Garcia Taylor Condit Chris Balios Reference Contact Information (listing names indicates approval to contacting the names individuals as a reference) Name Title/Position Telephone Email Owner Mike Keenum City Engineer (806) 775-2393 mkeenum@mylubbock.us Designer Paul Mcmillan Engineer (806) 473-2200 pmcmillan@team-psc.com Construction Manager Don McClenan Inspector (806) 473-2200 dmcclenan@team-psc.com 11 { Project Owner City of Lubbock, Texas Project Name 98th Street Roadway & Drainage Improvements General Description of Project: Project Cost $3,885,233.58 Date Project Completed 10/1/2008 Key Project Personnel Project Manager Project Safety Officer Quality Control Ty Lane Lorenzo Vasquez Taylor Condit Chris Balios Reference Contact Information (listing names indicates approval to contacting the names individuals as a reference) Name Title/Position Telephone Email Owner Wood Franklin Public Works Director (806) 775-2343 wfranklin@mylubbock.us Designer Gary Dawson Engineer (806) 775-2343 gdawsonemylubbock.us Construction Manager Rod Pederson inspector (806) 928-6561 Project Owner Lubbock Economic Development Alliance Project Name Lubbock Business Park - Phase 1A and 2A General Description of Project: .81 LF 6" Waterline; 136' 8" Waterline; 3575 LF of 10" Waterline; 10162 LF 12" Waterline and 5698 LF of 12" Sewerlin Project Cost $5,808,790.17 I Date Project Completed 1/8/2009 Key Project Personnel Project Manager Project Safety Officer Quality Control Ty Lane Leo Garcia Taylor Condit Chris Balios Reference Contact Information (listing names Indicates approval to contacting the names Individuals as a reference) Name Title/Position Telephone Email Owner LEDA (806) 749-4500 Designer Mark Haberer Engineer (806) 473-2200 mhaberer@team--psc.com Construction Manager Mark Carpenter Inspector (806) 777-0160 Project Owner City of Lubbock, Texas Project Name South Lubbock Drainage Project General Description of Project: 46210 LF of 24"-54" Storm Sewer; 10,958 LF 24"-54" Bore. Depths 5'-25' Project Cost $30,704,058.50 Date Project Completed 6/1/2009 Key Project Personnel Project Manager Project Safety Officer Quality Control Ty Lane Leo Garcia Taylor Condit Chris Balios Reference Contact Information (listing names indicates approval to contacting the names individuals as a reference) Name Title/Position Telephone Email Owner Marsha Reed Engineer (806) 775-2335 mreed@mail.ci.lubbock.us Designer Paul McMillan Engineer (806) 743-2200 pmcmillan@team-psc.com Construction Manager Don McClenan Inspector (806) 781-8480 dmcclenan team- sc.com Project Owner City of Lubbock, Texas Project Name Pump Station No.15 General Description of Project: 23380' 16" Waterline; 1665 ' 24" Steel Casing in Bore and Pump Station Improvements Project Cost $1,985,321.00 jDate Project Completed 1/15/2010 Key Project Personnel Project Manager Project Safety Officer Quality Control Ty Lane Cody Hamm Chad Pabody Chris Balios Reference Contact Information (listing names indicates approval to contacting the names individuals as a reference) Name Title/Position Telephone Email Owner Darlene Doss Buyer (806) 775-2168 ddoss@mylubbock,us Designer Brian Stephens Engineer (806) 473-2200 bstephens@team-psc.com Construction Manager Mark Carpenter Inspector (806) 777-0160 Project Owner Lubbock Economic Development Alliance I Project Name Lubbock Business Park - Phase 1b General Description of Project: 2410' - 10", 3280' - 12", 2315'-20" Waterline and 4156' - 12" Sewerline Project Cost $1,004,550.48 Date Project Completed 3/1/2010 Key Project Personnel Project Manager Project Safety Officer Quality Control Ty Lane Lorenzo Vasquez Chad Pabody Chris Balios Reference Contact Information (listing names indicates approval to contacting the names individuals as a reference) Name Title/Position Telephone Email Owner Designer Brian Stephens Engineer (806) 473-2200 bstephens@team-psc.com Construction Manager Rick Humphries Project Manager (806) 745-7498 rhum hries allenbutler.net Project Owner City of Lubbock, Texas Project Name 34th Street Waterline Replacement General Description of Project: 500' - 6", 1000'- 8", 100'- 10", 4800'- 12", 18500'- 16" and 6200'- 24" Waterline Project Cost $5,228,109.47 Date Project Completed 5/2/2010 Key Project Personnel Project Manager Project Ty Lane Leo Garcia Safety Officer Quality Control Chad Pabody Chris Balios Reference Contact Information (listing names indicates approval to contacting the names individuals as a reference) Name Title/Position Telephone Email Owner Designer Wood Franklin Public Works Director (806) 775-2343 John Mader Engineer (512) 912-5188 wfranklin@mvlubbock.us john.marler@hdrinc.com Project Owner City of Post, Texas Project Name Post/Cedar Hills Water System improvements General Description of Project: Installation of 27,000 LF 6" HDPE Waterline by boring and Pump station Improvements Project Cost $1,042,387.70 1 Date Project Completed 3/15/2011 Key Project Personnel Project Manager Project Safety Officer Quality Control Chad Pabody Troy Lane Chad Pabody Chris Balios Reference Contact Information (listing names indicates approval to contacting the names individuals as a reference) Name Title/Position Telephone Email Owner Arbie Taylor City Manager (806) 495-2811 ataylor@postgarza.net Designer Dwight Brandt Engineer (806) 681-8631 DLBrandt@brandtengineers.com Construction Manager Oscar Ostos RPR (806) 681-8631 OscarOPbrandtengineers,com Project Owner City of Woifforth, Texas Project Name Wolfforth Sewer Expansion General Description of Project: Project Cost $1,115,465,00 Date Project Completed 4/29/2011 Key Project Personnel Project Manager Project Safety Officer Quality Control Ty Lane Leo Garcia Chris Balios Reference Contact Information (listing names indicates approval to contacting the names Individuals as a reference) Name Title/Position Telephone Email Owner Doug Hutchison Inspector (806) 885-4120 Designer Construction Manager Michael Adams Project Manager (806) 791-2300 michael.adamss oidengineerin .com Project Owner Lubbock Cooper ISD Project Name Cooper Middle School General Description of Project: 3575 LF 8" Waterline; 2930 LF 10" Sewerline; Liftstation Project Cost $502,090.00 1 Date Project Completed 7/27/2011 Key Project Personnel Project Manager Project Safety Officer Quality Control Ty Lane Lorenzo Vasquez Chris Balios Chris Balios Reference Contact Information (listing names Indicates approval to contacting the names individuals as a reference) Name Title/Position Telephone Email Owner Marsha Reed Engineer (806) 775-2335 mreed@maitA.iubbock.tx.us Designer Gary Dawson Engineer (806) 743-2201 gdawson@team-psc.com Construction Manager Micheal Haverdink Project Manager (806) 745.9450 michael(@sandiaconst.com Project Owner City of Lubbock, Texas Project Name Indiana Paving Improvements General Description of Project: Installation of 6017 LF 10" & 15" Sewerline, 6958 LF 12" Waterline, 11 Manholes, 72" Steel Casing Project Cost $1,330,284.88 1 Date Project Completed 7/29/2011 Key Project Personnel Project Manager Project Safety Officer Quality Control Ty Lane Lorenzo Vasquez Chris Balios Chris Balios Reference Contact Information (listing names indicates approval to contacting the names individuals as a reference) Name Title/Position Telephone Email Owner Wood Franklin Public Works Director (806) 775-2343 wfranklini„?a mylubbock.us Designer Leslie Bruce Engineer Construction Manager Rick Humphries Project Manager (806) 745-7498 rhum h hesP alien butler. net Project Owner City of Denver City Project Name Denver City Well Field Improvements General Description of Project: Installation of 16" water line and Pump station Imp. Project Cost $488,974.50 jDate Project Completed 8/31/2011 Key Project Personnel Project Manager Project Safety Officer Quality Control Ty Lane Leo Garcia Chris Balios Chris Balios Reference Contact Information (listing names indicates approval to contacting the names individuals as a reference) Name Title/Position Telephone Email Owner Designer Construction Manager James Tompkins (432) 523-2181 JamesTLwtcengineeringcom Project Owner City of Lubbock, Texas Project Name Quaker Ave Reconstruction from 114th to FM 1585 General Description of Project: Installation of water, sewer, & storm sewer lines Project Cost $675,267.76 Date Project Completed 8/31/21 Key Project Personnel Project Manager Project Safety Officer Quality Control Ty Lane Marty Hamm Chris Balios Chris Balios Reference Contact Information (listing names indicates approval to contacting the names individuals as a reference) Name Title/Position Telephone Email Owner Designer Construction Manager Ryan Duininck Project Manager (817) 491-0946 RCOuininck _ dbitx,com Project Owner City of Plainview, Texas Project Name Plainview Water Reconstruction General Description of Project: Installation of 12", 10", 8", 6", 4" water lines Project Cost $1,5S0,258.75 Date Project Completed December 2011 Key Project Personnel Project Manager Project Safety Officer Quality Control Ty Lane Chris Balios Chris Balios Chris Balios Reference Contact Information (listing names indicates approval to contacting the names individuals as a reference) Name Title/Position Telephone Email Owner Mike Gilliland Engineer (806) 296-1150 msilliland@ci.plainview.tx,us Designer Construction Manager Brandon Autry Engineer (806) 771-5976 bautrv@amdeng.com Project Owner City of Levelland I Project Name Lee St. Water System improvements General Description of Project: Installation of 14" HDPE water line; Pump Station Improvements Project Cost $761,015.00 JDate Project Completed April 2012 Key Project Personnel Project Manager Project Safety Officer Quality Control Ty Lane Chris Balios Chris Balios Chris Balios Reference Contact Information (listing names indicates approval to contacting the names individuals as a reference) Name Title/Position Telephone Email Owner Designer Construction Manager Leonard Nail Engineer (806) 473-2200 Inail!2team-psc,com Project Owner City of Lubbock Project Name Lubbock Downtown Redevelopment General Description of Project: Project Cost $2,058,474.04 10ate Project Completed December 2012 Key Project Personnel Project Manager Superintendent Safety Officer Quality Control Ty Lane Troy Lane Chris Balios Chris Balios Reference Contact Information (listing names indicates approval to contacting the names individuals as a reference) Name Title/Position Telephone Email Owner Mike Keenum City Engineer (806) 775-2393 mkeenum@mylubbock.us Designer Construction Manager Joseph Van Deventer Engineer (806) 795-6827 JVangeventer@a 5GSEng,com Project Owner DCOS Project Name Industrial Park General Description of Project: Water & Sanitary Sewer Infastructure Project Cost $1,468,648.15 Date Project Completed January 2013 Key Project Personnel Project Manager Superintendent Safety Officer Quality Control Ty lane Marty Hamm Chris Balios Chris Balios Reference Contact Information (listing names indicates approval to contacting the names individuals as a reference) Name Title/Position Telephone Email Owner Designer Construction Manager George Villarreal Engineer (806) 473-3563 GVillarreai team- sc.com Project Owner City of Levelland Project Name 2012 Water System Improvements General Description of Project: Replace 2" Cast Iron with 6" & 8" PVC Project Cost $250,810.00 Date Project Completed February 2013 Key Project Personnel Project Manager Superintendent Safety Officer Quality Control Ty lane Steve Levitt Chris Balios Chris Balios Reference Contact Information (listing names indicates approval to contacting the named individuals as a reference) Name Title/Position Telephone Email Owner Erik Rejino (806) 894-0113 ereiino(@levellandtexas.org Designer Construction Manager Kristi Laverty Engineer (806) 473-3634 klavertyteam-rrsc.com Project Owner City of Lubbock Project Name !construction & Widening of Frankford Ave (98th to 114 General Description of Project: Remove & Relocate water & sewer infastructure for new road Project Cost $287,978 50 jDate Project Completed July 2013 Key Project Personnel Project Manager Superintendent Safety Officer Quality Control Ty Lane Marty Hamm Chris Balios Chris Balios Reference Contact Information (listing names indicates approval to contacting the named individuals as a reference) Name Title/Position Telephone Email Owner John Turpin Engineer (806) 775-2393 JTuryinPmail.ci.lubbock.tx,us Designer Construction Manager Rick Humphries Project Manager (806) 745-7498 rhumphries@allenbutier.com Project Owner City of Lubbock Project Name 98th St Paving Improvements (Albany to Huron) General Description of Project: Water & Sanitary Sewer Infastructure Project Cost $1,077,089.54 Date Project Completed July 2013 Key Project Personnel Project Manager Superintendent Safety Officer Quality Control Ty Lane Marty Hamm Chris Balios Chris Balios Reference Contact Information (listing names indicates approval to contacting the named individuals as a reference) Name Title/Position Telephone Email Owner Wood Franklin Public Works Director (806) 775-2343 wfrankhn(@mylubbock.us Designer Construction Manager Rick Humphries Project Manager (806) 745-7498 rhumphriesallenbutier.com Project Owner Costco Project Name Costco Warehouse, Lubbock General Description of Project: Water & Sanitary Sewer Infastructure Project Cost $936,831.00 Date Project Completed October 2013 Key Project Personnel Project Manager Superintendent Safety Officer Quality Control Ty Lane Chris Balios Chris Balios Chris Balios Reference Contact Information (listing names indicates approval to contacting the names individuals as a reference) Name Title/Position Telephone Email Owner Designer Construction Manager Jerry Pollock. Project Manager (425) 531-1077 'err iacksondean.com Project Owner City of Lubbock I Project Name Milwaukee Ave Paving Improvements General Description of Project: Remove & Relocate water & sewer infastructure for new road Project Cost, $2,827,952.27 Date Project Completed January 2014 Key Project Personnel Project Manager Superintendent Safety Officer Quality Control Ty Lane Marty Hamm Chris Balios Chris Balios Reference Contact Information (listing names indicates approval to contacting the named individuals as a reference) Name Title/Position Telephone Email Owner Mike Keenum City Engineer (806) 775-2393 Mkeenum@mail.ci.lubbock.tx.us Designer Construction Manager Rick Humphries Project Manager (806) 745-7498 rhumphries@allenbutier.com Project Owner City of Lubbock Project Name Slide Road Water Line Extension General Description of Project: Extend Water line on Slide Rd from 98th St to FM 1595 Project Cost $701,510.00 Date Project Completed May 2014 Key Project Personnel Project Manager Superintendent Safety Officer Quality Control Ty Lane Chris Balios Chris Balios Chris Balios Reference Contact Information (listing names indicates approval to contacting the names individuals as a reference) Name Title/Position Telephone Email Owner Mike Keenum City Engineer (806) 775-2393 Mkeenum@mail.ci,lubbock.tx.us Designer Construction Manager Paul McMillian Engineer (906) 473-2200 PMcmillen@team-psc.com Project Owner City of Lubbock Project Name East Erskine Street 12" Water Line Extension General Description of Project: Project Cost $301,628.00 Date Project Completed February 2015 Key Project Personnel Project Manager Superintendent Safety Officer Quality Control Ty Lane Marty Hamm Chris Balios Chris Balios Reference Contact Information (listing names indicates approval to contacting the named individuals as a reference) Name Title/Position Telephone Email Owner Josh Kristinek Engineer (906) 775-3397 JKristine k mail.ci.lubbock.tx.us Designer Construction Manager Project Owner City of Lubbock Project Name Northwest Lubbock Drainage improvements General Description of Project: Storm Sewer Infrastructure (10 x 10 Boxes) Project Cost $35,979,888.70 Date Project Completed March 2015 Key Project Personnel Project Manager Superintendent Safety Officer Quality Control Ty Lane Troy Lane Chris Balios Chris Balios Reference Contact Information (listing names indicates approval to contacting the names individuals as a reference) Name Title/Position Telephone Email Owner Mike Keenum City Engineer (806) 775-2393 Mkeenum maii.ci,lubbock.tx,us Designer Construction Manager Paul McMillian Engineer (806) 473-2200 PMcmillen(@team-osc.com Project Owner City of Lubbock Project Name Buffalo Lake Water Line Replacement General Description of Project: Project Cost $154,215.10 Date Project Completed April 2015 Key Project Personnel Project Manager Superintendent Safety Officer Quality Control Ty Lane Marty Hamm Chris Balios Chris Balios Reference Contact Information (listing names indicates approval to contacting the named individuals as a reference) Name Title/Position Telephone Email Owner John Turpin Engineer (806) 775-2342 Jturpin@maii.ci.lubbock.tx.us Designer Construction Manager Project Owner City of Lubbock Project Name Northwest Water Reclamation Plant General Description of Project: Project Cost $1,245,847.30 jDate Project Completed July 2015 Key Project Personnel Project Manager Superintendent Safety Officer Quality Control Ty Lane Chris Balios Chris Balios Chris Balios Reference Contact Information (listing names indicates approval to contacting the named individuals as a reference) Name Title/Position Telephone Email Owner John Turpin Engineer (806) 775,2342 Jturpin mail.ci.lubbock.tx.us Designer Construction Manager Project Owner City of Lubbock Project Name South Lubbock Sanitary Sewer Extension - Phase 1 General Description of Project: Project Cost $20,545,010.74 Date Project Completed November 2015 Key Project Personnel Project Manager Superintendent Safety Officer Quality Control Ty Lane Chris Balios Chris Balios Chris Balios Reference Contact Information (listing names indicates approval to contacting the named individuals as a reference) Name Title/Position Telephone Email Owner Zoltan Fekete (806) 775-3317 ZFekete@mail.ci.lubbock.tx.us Designer Construction Manager Aaron Rader Engineer (817) 335-6511 aaron.radert' kimley-horn.com Project Owner City of Brownfield JProject Name Water & Sewer Extension General Description of Project: Project Cost $1,279,031,00 Date Project Completed November 2015 Key Project Personnel Project Manager Superintendent Safety Officer Quality Control Jonathan Ziegner Chris Balios Jonathan Ziegner Jonathan Ziegner Reference Contact Information (listing names indicates approval to contacting the named individuals as a reference) Name Title/Position Telephone Email Owner Designer Construction Manager Alex Kingston Engineer (806) 473-2200 Akin sstton tease-psc.com Project Owner LEDA Project Name Lubbock Railport Sanitary Sewer Line Extension General Description of Project: Project Cost $271,729.00 Date Project Completed April 2016 Key Project Personnel Project Manager Superintendent Safety Officer Quality Control Jonathan Ziegner Brandy Mitchell Jonathan Ziegner Chris Balios Reference Contact Information (listing names indicates approval to contacting the named individuals as a reference) Name Title/Position Telephone Email Owner Designer Construction Manager Kristi Laverty Engineer (806) 473-3634 klavert team- sc.com Project Owner City of Lubbock Project Name Pump Station intake Meter General Description of Project: Project Cost $593,270.00 JEstimated Completion Date September 2016 Key Project Personnel Project Manager Superintendent Jonathan Ziegner Troy Lane Safety Officer Quality Control Jonathan Ziegner Chris Balios Reference Contact Information (listing names indicates approval to contacting the named individuals as a reference) Name Title/Position Telephone Email Owner Designer Construction Manager John Turpin Brian Beach Chief Water ut>lown Eng-wvaet (806) 775-2342 Freese & Nichols (210) 837-2476 JTurpin! mail.cl.lubbock.tx.us brbefreese,com ... _.m —J Project Owner LEDA Project Name Monsanto Potable Water Line Extension General Description of Project: Project Cost $1,115,265.20 lEstimated Completion Date September 2016 Key Project Personnel Project Manager Superintendent Safety Officer Quality Control Jonathan Ziegner Brandy Mitchell Jonathan Ziegner Chris Balios Reference Contact Information (listing names indicates approval to contacting the named individuals as a reference) Name Title/Position Telephone Email Owner Designer Construction Manager John 5edbrook Garney Construction (720) 407-8160 jsedbrookPgarney.com Project Information Sheet Current Budget History Schedule Performance % of Bid Amount Amount Date Days Bid $ 12,161,566.00 Notice to Proceed Change Orders Contract Substantial Completion Date at Notice to Proceed Owner Enhancements Contract Final Completion Date at Notice to Proceed Unforeseen Conditions Change Order Authorized Substantial Completion Date Design Issues Change Order Authorized Final Completion Date Total $ - 0,00% Actual / Estimated Substantial Completion Date Nov 2017 Final Cost $ 12,161,566.00 Actual / Estimated Final Completion Date • Project Manager Project Sup Safety Officer Quality Manager Name Ty Lane Marty Hamm Chris Balios Chris Balios Percentage of Time Devoted to the Project Proposed for this Project Did individual Complete the Project? If not, who started or completed the project in their place. Reason for Change Name Title/position Organization Telephone Email Owner Rudy Garza City of Lubbock, Texas (806) 775-2174 RGarza0mai1.ci.lubbock.tx.us Designer Construction Manager Surety Howard Cowan Attorney Liberty Mutual 806 722-2663 issues[ Dis ui:es Resolved or Pendirt((JJ Resolution � �Arfitratian �iti anon or�bis ut =,Revievl;Bua ds<i:n � _�� ��k�„i'' u�� ,, � F � � �� r , , n.�<r £ x»m*:aa vx ✓e, ' a�^se xx2W p .r zw.e.�'e. �w5k.,,4=" � fia �. .".:tea ,. ii w,.„tea, 1« w+n,��,nwah�W.wkyiStvOuwvdxrs� .a umo m`saa. �^b , . A.�ww.m'eroi vP v&v+! �FSPws� .r�,a:9.N.a..G{ :w � a....s.zw:..� a ,l kWn��ti�45�+i�5r� .,. � '�5� • �•�� • •� • i i' t� ' • 1 tl • • ��� •No �� • • • •�i tl ram-^ L „_ �� ? ,,._.� r:..� E f. _- �.,.� I-�... —� 1 11 1`s ^-- ;1 �- 1 # ,."�j Project Information Sheet Current Project Owner City of Lubbock Project Name J South Lubbock Sanitary Sewer Extension - Phase 2 General Description of Project installation of 23,800' Fiberglass Sewer Pipe, ranging in size from 12" -48" and depths from 0' - 25+' Performance % of Bid Amount Amount Date Days Bid $ 11,921,273,80 Notice to Proceed 6/15/2015 Change Orders Contract Substantial Completion Date at Notice to Proceed April 2016 Owner Enhancements $ S61,338.00 4.71°f Contract Final Completion Date at Notice to Proceed April 2016 Unforeseen Conditions Change Order Authorized Substantial Completion Date Design Issues Change Order Authorized Final Completion Date Total $ 561,338.00 4.71% Actual / Estimated Substantial Completion Date April 2016 Final Cost $ 12,482,633.80 Actual / Estimated Final Completion Date April 2016 lan Project Manager Project Sup Safety Officer Quality Manager Name Jonathan Ziegner Chris Balios Jonathan Ziegner Jonathan Ziegner Percentage of Time Devoted to the Project Proposed for this Project Did individual Complete the Project? if not, who started or completed the project in their place. Reason for Chance Name Title/position Organization Telephone Email Owner Zoltan Fekete Engineer City of Lubbock, Texas (806) 775-3317 ZFekete mail.ci.lubbock.tx.us Designer Construction Manager Aaron Rader Engineer Kirnley Horn Associates (817) 335-6511 aaron.rader@kimley-horn.com Surety Howard Cowan I Attorney I Liberty Mutual (806) 722-2663 6 e • r m e e e e+ e a a a l e :o. s resolved I f} issue5 I $0.00 Number of issues Pending Din Resolved issues $0,0D Project Information Sheet Curr Project Owner I City of Lubbock Project Name 2" Water Line Change Out General Description of Project Budget History Schedule Performance % of Bid Amount Amount Date Days Bid $ 1,528,625,00 Notice to Proceed Change Orders Contract Substantial Completion Date at Notice to Proceed Owner Enhancements Contract Final Completion Date at Notice to Proceed Unforeseen Conditions Change Order Authorized Substantial Completion Date Design Issues Change Order Authorized Final Completion Date Total $ - 0.00% Actual / Estimated Substantial Completion Date Final Cost $ 1,528,625,00 Actual / Estimated Final Completion Date • Project Manager Project Sup Safety Officer Quality Manager Name Jonathan Ziegner Chris Balios Jonathan Ziegner Jonathan Ziegner Percentage of Time Devoted to the Project Proposed for this Project Did individual Complete the Project? If not, who started or completed the project in their place. Reason for Change • 0 • { . { 0 { Name • 0 Title/position 6 8 Organization Telephone Email Owner Josh Flud City of Lubbock, Texas (806) 775-3161 Jfludl2m llubbock,us Designer Construction Manager Surety Howard Cowan I Attorney Liberty Mutual 1 (806) 722-2663 resolved 0 issues $0.00 Number of issues Pending ®in Resolved issues $0.00 , ..1 ,,.—'rr._., e �, :...,,, _.i ...F__...-,.1 a' r----�,..i r—=--• _= =� r—== .., --�--� � 7= �--- � i Project Information Sheet Current Project Owner I City of Lubbock Project Name Construction of Downtown Duct System, Phase 3 General Description of Project Budget History Schedule Performance % of Bid Amount Amount Date Days Bid $ 4,299,237.80 Notice to Proceed 3/7/2016 160 Change Orders Contract Substantial Completion Date at Notice to Proceed Owner Enhancements Contract Final Completion Date at Notice to Proceed Unforeseen Conditions Change Order Authorized Substantial Completion Date 1/2/2017 30 Design Issues Change Order Authorized Final Completion Date Total $ - 0.00% Actual / Estimated Substantial Completion Date Final Cost $ 4,299,237.80 Actual / Estimated Final Completion Date 1/2/2017 Project Manager Project Sup Safety Officer Quality Manager Name Jonathan Ziegner Chris Balios Jonathan Ziegner Jonathan Ziegner Percentage of Time Devoted to the Project Proposed for this Project Did individual Complete the Project? If not, who started or completed the project in their place. Reason for Change M-M♦ • ♦MER s . ♦ ♦ Name ♦ • a Title/position ♦ e Organization Telephone Email Owner Neil Welch Al.ig en, COVEngi-le City of Lubbock (806) 775-3254 NWelch cPmail.ci.lubbock.t&us Designer Construction Manager SGS Surety Howard Cowan AttorneyoftmbLe'r erty Mutual (806) 722-2663 resolved 0 issues $0.00of issues Pending I Olin Resolved issues $0,00 Project Information Sheet Cur Project owner I City of Lubbock JProject, Name Northwest Water Reclamation Plant General Description of Project Project Information Sheet Current Project Owner City of Lubbock Project Name Pump Station #16 General Descriotion of Protect Budget History Schedule Performance % of Bid Amount Amount Date Days Bid $ 17,675,000.00 Notice to Proceed 4/29/2016 510 Change Orders Contract Substantial Completion Date at Notice to Proceed 8/2/2017 Owner Enhancements Contract Final Completion Date at Notice to Proceed 9/21/2017 Unforeseen Conditions Change Order Authorized Substantial Completion Date Design Issues Change Order Authorized Final Completion Date Total $ - 0,00% Actual j Estimated Substantial Completion Date Final Cost $ 17,675,000M Actual / Estimated Final Completion Date 8/2/2017 Project Manager Project Sup Safety Officer Quality Manager Name Jonathan Ziegner Marty Hamm Jonathan Ziegner Chris Balios Percentage of Time Devoted to the Project Proposed for this Project Did individual Complete the Project? If not, who started or completed the project in their place. Reason for Change Project Information Sheet Curry Project Owner I City of Lubbock Project Name Canyon Lakes Sanitary Sewer Phase 1 General Description of Project Budget History Schedule Performance % of Bid Amount Amount Date Days Bid $ 5,097,938.00 Notice to Proceed 7/11/2016 330 Change Orders Contract Substantial Completion Date at Notice to Proceed 4/7/2017 Owner Enhancements Contract Final Completion Date at Notice to Proceed 6/6/2017 Unforeseen Conditions Change Order Authorized Substantial Completion Date Design Issues Change Order Authorized Final Completion Date Total $ 0.00% Actual / Estimated Substantial Completion Date 4/7/2017 Final Cost $ 5,097,938.00 Actual / Estimated Final Completion Date 6/6/2017 W # • 6sm Project Manager Project Sup Safety Officer Quality Manager Name Jonathan Ziegner Gilbert Prieto Jonathan Ziegner Chris Balios Percentage of Time Devoted to the Project Proposed for this Project Did individual Complete the Project? If not, who started or completed the project in their place. Reason for Change W W 0 • O W • Name # p Title/position W • Organization Telephone Email Owner John Turpin City of Lubbock (806) 775-2342 JTurnintamaii.cUubbock.tx.us Designer 9;4is'. Howard Cowan Attorney Liberty Mutual (806) 7212663 ues 50,00 Number of issues Pending !lOin Resolved issues 0,00 Project Information Sheet Completed Amount Amount Date Days Bid $ 3,451,540,15 Notice to Proceed 7/5/2005 840 Change Orders Contract Substantial Completion Date at Notice to Proceed Owner Enhancements $ 316,404.17 9.17% Contract Final Completion Date at Notice to Proceed Unforeseen Conditions Change Order Authorized Substantial Completion Date Design Issues Change Order Authorized Final Completion Date Total $ 316,404.17 9.17% Actual / Estimated Substantial Completion Date Final Cost $ 3,767,944.32 Actual / Estimated Final Completion Date 10/1/2007 806 MMMML Project Manager Project Sup Safety Officer Quality Manager Name Ty Lane Marty Hamm Taylor Condit Chris Balios Percentage of Time Devoted to the Project 50% 100% 50% 30% Proposed for this Project Ty Lane Marty Hamm Taylor Condit Chris Balios Did individual Complete the Project? Yes Yes Yes Yes If not, who started or completed the project in their place. Reason for Change e s • • Name •• • 4 V Title/position : e Organization Telephone Email Owner Brian Wilson Engineer TxDot (806) 748-4496 Designer Engineer P€iQ&D inc. Construction Manager David ockerman Inspector City of Lubbock (806) 548-4152 Surety Howard Cowan Attorney SafeCo (425) 376-6535 urn er o issues mount tnvo v n Resolved amount involved resolved 4 'Total issues $316,404.00 Number of issues Pending 0 in Resolved issues $316,404.00 Project Information Sheet Completed Project Owner City of Lubbock, Texas Project Name Railport Industrial Improvements General Description of Project The Project consisted of 1680 LF of 8" Waterline; 7825 LF of 16" Waterline; 4123 LF 6" Sewerline; and 2010 LF of 10" Sewerline. • e e ^ • e ME Budget History Schedule Performance % of Bid Amount Amount Date Days Bid $ 1,214,548.00 Notice to Proceed 8/1/2007 240 Change Orders Contract Substantial Completion Date at Notice to Proceed Owner Enhancements $ 41,435.00 3.41% Contract Final Completion Date at Notice to Proceed Unforeseen Conditions Change Order Authorized Substantial Completion Date Design Issues Change Order Authorized Final Completion Date Total $ 41,435,00 3.41% Actual / Estimated Substantial Completion Date Final Cost $ 1,255,983.00 Actual / Estimated Final Completion Date 3/7/20081 217 p ! Project Manager Project Sup Safety Officer Quality Manager Name Ty Lane Cody Hamm T Condit/Cody Hamm Chris Balios Percentage of rime Devoted to the Project 40% 100% 100% 40% Proposed for this Project Ty Lane Cody Hamm Taylor Condit Chris Balios Did individual Complete the Project? Yes Yes Yes Yes If not, who started or completed the project in their place. Reason for Change Name Title/position Organization Telephone Email Owner Wood Franklin iblic Works Directi City of Lubbock (806) 775-2343 wfranklinLo)mvlubbock.us Designer Brian Stephens Engineer Parkhifl,Smith & Cooper (806) 473-2199 bstephens@team-gic.com Construction Manager Mark Carpenter Inspector Parkhill,Smith & Cooper (806) 473-2200 mcarpenter@team-psc.com Surety Howard Cowan Attorney Safeco (425) 376-6535 ® 0 f e• ! 0 f ! p ! ! ! W e i p p um er ot issues ota mount involved in eso vTotalamount involved -umber resolved 6 issues $41,435.00 IN of issues Pending 0 in Resolved issues $41,435.00 Project Information Sheet Completed Project Owner I City of Lubbock, Texas Project Name South Central Lubbock Drainage Project General Description of Project This Project Consisted of 29,990 LF of 24" to 72" Cast in Place Storm Sewer Ranging in Depths up to SD feet. Budget History Schedule Performance Amount % of Bid Amount Date Days Bid 5 5,811,646.00 Notice to Proceed 2/25/2007 590 Change Orders Contract Substantial Completion Date at Notice to Proceed Owner Enhancements Contract Final Completion Date at Notice to Proceed Unforeseen Conditions Change Order Authorized Substantial Completion Date Design Issues Change Order Authorized Final Completion Date Total $ - 0.00% Actual / Estimated Substantial Completion Date Final Cost $ 5,811,64&00 m Actual / Estimated Final Completion Date Project Manager Project Sup Safety Officer 9/30/2008 575 Quality Manager Name Ty Lane/Troy Lane Leo Garcia Taylor Condit Chris Bahos Percentage of Time Devoted to the Project 30 1005'0 40�a 609°m Proposed for this Project Ty Lane Leo Garcia Taylor Condit Chris Balios Did individual Complete the Project? Yes Yes Yes Yes If not, who started or completed the project in their place. Reason for Change Name Title/position Organization Telephone Email Owner Mike Keenum City Engineer City of Lubbock (806) 775-2393 mkeenum(@mail.ci.Iubbock,tx.us Designer Paul Mcmillan Engineer Parkhill,Smith&Cooper (806) 775-2393 pmcmillan@team-psc.com Construction Manager Don McClenan Inspector Parkhill,Smith&Cooper (806) 773-2200 dmcclenan@team-psc.com Surety I Howard Cowan Attorney Safeco (425) 376-6535 Z b 0 8 Q t A 0 9 6 0 6 8 6 i Q A um er ot issues ota mountinvo e ineso ve ota amount involve resolved 0 issues $0.00 Number of issues Pending 0 in Resolved issues $0.00 Project Information Sheet Bid $ 3,790,134,00 Notice to Proceed 4/25/2006 Change Orders Contract Substantial Completion Date at Notice to Proceed 480 Owner Enhancements $ 95,099.58 2.51% Contract Final Completion Date at Notice to Proceed 250 Unforeseen Conditions Change Order Authorized Substantial Completion Date Design Issues Change Order Authorized Final Completion Date Total $ 95,099.58 2.51% Actual / Estimated Substantial Completion Date 5/5/2008 730 Final Cost $ 3,885,233.58 Actual / Estimated Final Completion Date 10/1/2008 Project Manager Project Sup Safety Officer Quality Manager Name Ty Lane Cody Hamm Cody Harem Chris Balios Percentage of Time Devoted to the Project 50% 100% 100% 50% Proposed for this Project Ty Lane Cady Hamm Cody Hamm Chris Balios Did individual Complete the Project? Yes Yes Yes Yes If not, who started or completed the project in their place. Reason for Change o e e f Name e e o s a Title/position e o Organization Telephone Email Owner Wood Franklin jblic Works Direct City of Lubbock (806) 775-2343 wfranklinl2mylubbock.us Designer Gary Dawson Engineer City of Lubbock (806) 775-2343 gdawsonemylubbock.us Construction Manager Ron Pederson Inspector Parkhill,Smith&Cooper (806) 928-6561 f �� ./ `y„_,^... ��.',.. t`r.-tea �-�, !"_.�', �w�.�-•'i----�' �' ^ , �--� 1 a Project Information Sheet Completed Project Owner I Lubbock Economic Development Alliance JProject Name Lubbock Business Park - Phase 1A and 2A General Description of Project The Project consisted of 881 LF 6" Waterline; 136" 8" Waterline; 3575 LF of 10" Waterline; 10162 LF 12" Waterline and 5698 LF of 12" Sewerline. IBudget History OSchedule Performance Amount Amount Date Days Bid $ 4,844,662.00 Notice to Proceed 9/1/2007 700 Change Orders Contract Substantial Completion Date at Notice to Proceed Owner Enhancements $ 964,128.17 19,90% Contract Final Completion Date at Notice to Proceed 2/3/2008 120 Unforeseen Conditions Change Order Authorized Substantial Completion Date Design Issues Change Order Authorized Final Completion Date Total $ 964,128,17 19.90% Actual / Estimated Substantial Completion Date Final Cost $ 5,808,790.17 e Actual / Estimated Final Completion Date Project Manager Project Sup Safety Officer 1/8/2009 818 Quality Manager Name Ty Lane Lorenzo Vasquez Taylor Condit Chris Balios Percentage of Time Devoted to the Project 30% 100% 30% 30% Proposed for this Project Ty Lane Lorenzo Vasquez Taylor Condit Chris Balios Did individual Complete the Project? Yes Yes Yes Yes If not, who started or completed the project in their place. Reason for Change Name Title/position Organization Telephone Email Owner LEDA (806) 749-4500 Designer Mark Haberer Engineer Parkhill,Smith&Cooper (806) 473-2200 mhabererPteam-osc corn Construction Manager Mark Carpenter Inspector City of Lubbock (806) 777-0160 Surety Howard Cowan Attorney Safeco (425) 376-6535 um er ot issues involved in Resolved otal amount involved resolved 5 JTotalmount Issues $964,128.17 Number of issues Pending 0 in Resolved issues $964,128.17 Project Information Sheet Completed Project Owner ICity of Lubbock, Texas Project Name South Lubbock Drainage Project General Description of Project The Project consisted of 30,410 Lf of 54" Open Cut Storm Sewer pipe; 2826 LF of 42" Open Cut Storm Sewer; 8058 LF of 36" Open Cut Storm Sewer;1354 LF Open Cut Storm Sewer; 3562 LF Open Cut storm Sewer. 6425 LF 54" Bored Storm Sewer; 702 LF 42" Bored Sorm Sewer; 2202 LF 36" Bored Storm Sewer; 380 LF 30" Bored Storm Sewer; and 1541 LF 24" Bored Storm Sewer. Budget History Schedule Performance Amount 5 % of Bid Amount Date Days Bid $ 25,699,455.50 Notice to Proceed 10/27/2005 Change Orders Contract Substantial Completion Date at Notice to Proceed Owner Enhancements $ 5,004,603.00 19A7% Contract Final Completion Date at Notice to Proceed 10/27/2009 1440 Unforeseen Conditions Change Order Authorized Substantial Completion Date Design Issues Change Order Authorized Final Completion Date Total $ 5,004,603,00 19.47% Actual / Estimated Substantial Completion Date 5/1/2009 1262 Final Cost $ 30,704,058.50 lActual / Estimated Final Completion Date 6/1/2009 1292 Project Manager Project Sup Safety Officer quality Manager Name Ty Lane Chris Baiios Taylor Condit Marty Hamm Percentage of Time Devoted to the Project 60% 601yo 60% 40% Proposed for this Project Ty Lane Chris Balios Taylor Condit Marty Hamm Did individual Complete the Project? Yes Yes Yes Yes If not, who started or completed the project in their place. Reason for Change SEEZZ=- Name Title/position Organization Telephone Email Owner Mike Keenum City Engineer City of Lubbock, Texas (806) 775-2393 Mkeenum@maii.ci.lubbock.tx.us Designer Paul McMillen Engineer Parkhill,5mith & Cooper (806) 473-2200 pmcmillen6iteam-osc.com Construction Manager Don McClenan Inspector Parkhili,Smith & Cooper (806) 473-2200 dmcienan@team-psc.com Surety Howard Cowan Attorney Safeco (425) 376-6535 6 + + + o e o + + + + + m urn er o issuesTotal mount involved in Reso ved Totalamount involved resolved 3 issues $5,004,603.00 Number of issues Pending 0 in Resolved issues $500,463.00 Project Information Sheet Completed Project Owner I City of Lubbock, Texas JProject Name 16 Inch Supply Line to Pump Station 15 General Description of Project This project Consisted of 23,380 LF of 16" Waterline running through Lubbock Airport to Pump Station No. 15. Budget History Schedule Performance % of Bid Amount Amount Date Days Bid $ 985,321.00 Notice to Proceed 6/29/2009 Change Orders Contract Substantial Completion Date at Notice to Proceed 180 Owner Enhancements Contract Final Completion Date at Notice to Proceed Unforeseen Conditions Change Order Authorized Substantial Completion Date Design Issues Change Order Authorized Final Completion Date Total $ - 0.00% Actual j Estimated Substantial Completion Date 12/24/2009 178 Final Cost $ 985,321,00 Actual / Estimated Final Completion Date 1/15/2010 224 Project Manager Project Sup Quality Manager Safety Officer Name Ty Lane Cody Hamm Taylor Condit Chris Balios Percentage of Time Devoted to the Project 100% 30% 30% Proposed for this Project Ty Lane Cady Hamm Taylor Condit Chris Balios Did individual Complete the Project? Yes Yes No Yes If not, who started or completed the project in their place. Troy Lane Reason for Change Resignation ♦ ♦ ♦ ♦ ♦ ♦ 1 Name ♦ f Title/position f fME Organization Telephone Email Owner Darleen Doss Buyer City of Lubbock (806) 775-2168 ddossgmviubbock.us Designer Brian Stephens Engineer Parkhill,Smith&Cooper 1806) 473-2200 bstephens team-tasc.com Construction Manager Mark Carpenter Inspector City of Lubbock (806) 777-0160 Surety Howard Cowan Attorney Safeco (425) 376-6535 um era issues ota . Amount Involvea in Kesol Invi resolved 0 issues $0.00 Number of issues Pending 0 lTotalamount in Resolved issues $0.00 Project Information Sheet Completed Project Owner Lubbock Economic Development Alliance lProject Name Lubbock Business Park - Phase 1B General Description of Project Installation of 2410' -10", 3280' - 12", 2315'-20" Waterline and 4156' 12" Sewerline Budget History Schedule Performance Amount % of Bid Amount Date Days Bid $ 979,059.20 Notice to Proceed 6/15/2009 Change Orders Contract Substantial Completion Date at Notice to Proceed Owner Enhancements $ 25,491.28 2.60% Contract Final Completion Date at Notice to Proceed Unforeseen Conditions Change Order Authorized Substantial Completion Date Design Issues Change Order Authorized Final Completion Date Total $ 25,491.28 2.60T. Actual / Estimated Substantial Completion Date Final Cost s $ 1,004,550.48 Actual / Estimated Final Completion Date Project Manager Project Sup Safety Officer 3/1/2010 Quality Manager Name Ty Lane Lorenzo Vasquez Chad Pabody Chris Balios Percentage of Time Devoted to the Project 100% 100% 100% 100% Proposed for this Project Yes Yes Yes Yes Did individual Complete the Project? if not, who started or completed the project in their place. Reason for Change Name Title/position Organization Telephone Email Owner Designer Brian Stephens Engineer Parkhill,Smith&Cooper (806) 473-2200 bstephens cz team: sc.rom Construction Manager Jason Hetler Allen Butler Construction 1806) 745-7498 Jason@ alienbutler.net Surety Howard Cowan Attorney Liberty Mutual 1806) 722-2663 i �i,r-,� 7.,...1 ,--�.7-7^-•; -7 L^----�:`.. 'ram t. Project Information Sheet Completed Project Owner ICity of Lubbock, Texas JProject Name 34th Street Waterline Replacement Project General Description of Project This Project Constists the removal and replacement of 500 LF 6" Waterline; 1000 LF of 8" Waterline; 100' 10" Waterline; 4800 LF of 12" Waterline; 18500' 16' Waterline and 6200" of 24" Waterline and Relocating Steel Cylindar Linen Budget History Schedule Performance Amount % of Bid Amount Date Days Bid $ 4,977,034.30 Notice to Proceed 9/25/2008 Change Orders Contract Substantial Completion Date at Notice to Proceed Owner Enhancements $ 251,075.17 5.04% Contract Final Completion Date at Notice to Proceed Unforeseen Conditions Change Order Authorized Substantial Completion Date Design Issues Change Order Authorized Final Completion Date Total $ 251,075.17 5.04% Actual / Estimated Substantial Completion Date Final Cost $ 5,228,109.47 Actual / Estimated Final Completion Date 5/2/2010 Project Manager Project Sup Safety Officer Quality Manager Name Ty lane Leo Garcia Taylor Condit Chris Balio.s Percentage of Time Devoted to the Project 50% 1.00% 40% 40% Proposed for this Project Ty lane Leo Garcia Taylor Condit Chris Balios Did individual Complete the Project? Yes Yes No Yes if not, who started or completed the project in their place. Chad Pabody Reason for Change Resignation Name Title/position Organization Telephone Email Owner Zoltan Fekete Engineer City of Lubbock, Texas (806) 775-3377 zfekete@mulubbock.us Designer John Mader Engineer HDR (512) 912-5188 iohn.marierC2hdrinc.com Surety Howard Cowan Attorney Liberty Mutual (806) 722-2663 4lissues $251,075.17 j Number of issues in Resolved issues 17 Project Information Sheet Completed Project Owner City of Post, Texas Project Name Post/Cedar Hills Water System Improvements General Description of Project Installation of 27,000 LF of 6" HDPE Waterline by boring. A ♦ ' 0 9 0 Budget History Schedule Performance % of Bid Amount Amount Date Days Bid $ 875,309.90 Notice to Proceed 2/1/2010 Change Orders Contract Substantial Completion Date at Notice to Proceed Owner Enhancements $ 167,077.80 19.09% Contract Final Completion Date at Notice to Proceed Unforeseen Conditions Change Order Authorized Substantial Completion Date Design Issues Change Order Authorized Final Completion Date Total $ 167,077.80 19.09% Actual / Estimated Substantial Completion Date Final Cost $ 1,042,387.70 Actual J Estimated Final Completion Date 3/15/2011 a Project Manager Project Sup Safety Officer Quality Manager Name Chad Pabody Cody Harem Chad Pabody Ty Lane Percentage of Time Devoted to the Project 25% 100% 25% 25% Proposed for this Project Chad Pabody Cody Hamm Chad Pabody Ty Lane Did individual Complete the Project? Yes No Yes Yes if not, who started or completed the Droiect in their place. Trov Lane Project Information Sheet Completed Project Owner City of Wolfforth JProject Name Wolfforth Sewer Expansion General Description of Project Budget History Schedule Performance Amount 95 of Bid Amount Date Days Bid $ 1,100,215.00 Notice to Proceed 9/1/2010 Change Orders Contract Substantial Completion Date at Notice to Proceed Owner Enhancements $ 15,250,00 1.39% Contract Final Completion Date at Notice to Proceed Unforeseen Conditions Change Order Authorized Substantial Completion Date Design Issues Change Order Authorized Final Completion Date Total $ 15,250.00 1.39% Actual / Estimated Substantial Completion Date Final Cost $ 1,115,465,00 Actual / Estimated Final Completion Date Project Manager Project Sup Safety Officer 4/29/2011 Quality Manager Name Ty Lane Leo Garcia Chris Balios Chris Balios Percentage of Time Devoted to the Project Proposed for this Project Ty Lane Leo Garcia Chris Balios Chris Balios Did individual Cam fete the Project? Yes Yes Yes Yes Reason for Change Ib$k„ t iena.,,e,.,'eG.,ef1,o, aa,t�l�istin. �na.",mU.,�e,��" k�rtn 'cta�ri h.�e� narlr Tqit'',�Y•i .c "t e -R.we.wfe,e r„mw<, r„ ri,<t, a1,ctt1.,l�:,n :-ieo,n>.' ca.,.a. ,,a.a�P v��,h,YhtoeIKII�' ��in-. M�.- ,n�t••a. • g��t 37�7�e �MI� •."nd7IU ' •..W, • .. rt Doug Hutchison M1116161gluel, 'Construction Manager Michael Adams Howard Cowan Liberty Mutual <ra �,w < �, �a "n .,<,. huw,.�� b.�. „ru.�>tw�,. s.:a��z �, ,:,.,e..:�. ,..,,.na���.'�� an ,r at� 'a.: §�t,.. a ,,,,,• ,,, ,,,.,,H,,,, ..:,a[.,<.. umber ot issues ,,..�,.w=..,u ,,,�5;.�.. ; ,aw....4w„m..=��,..� ,,, ,w.�,..°ssa�fiu;.w.�,�e .., Project Information Sheet Completed Project Owner Lubbock Cooper ISb Project Name Cooper Middle School General Description of project 3575 LF 8" Waterline; 2930 LF 10" Sewerline Budget History Schedule Performance % of Bid Amount Amount Date Days Bid $ 488,248.00 Notice to Proceed 8/1/2009 Change Orders Contract Substantial Completion Date at Notice to Proceed Owner Enhancements Contract Final Completion Date at Notice to Proceed Unforeseen Conditions Change Order Authorized Substantial Completion Date Design Issues $ 13,842.00 2.84% Change Order Authorized Final Completion Date Total $ 13,842.00 2.84% Actual / Estimated Substantial Completion Date Final Cost $ 502,090.00 Actual / Estimated Final Completion Date 7/27/2011 Project Manager Project Sup Safety Officer Quality Manager Name Ty Lane Lorenzo Vasquez Chris Balios Chris Balios Percentage of Time Devoted to the Project Proposed for this Project Ty Lane Lorenzo Vasquez Chris Balios Chris Balios Did individual Complete the Project? Yes Yes Yes Yes If not, who started or completed the project in their place. Reason for Change Name Title/position Organization Telephone Email Owner Marsha Reed Engineer City of Lubbock (806) 775-2335 rnreed@mail.c0ubbock.tx.us Designer Gary Dawson Engineer Parkhili,Smith&Cooper (806) 743-2201 8dawsonPteaT•psc.com Construction Manager Michael Haverdink Project Mgr Sandia Construction (806) 745-9450 michael@sandiaconst.corn " e �,.,,,_,,• �,.,r..�z ��a ,�...,,�,t �,,�,� ,i..�.,.i r— rti-- i Project Information Sheet Completed Project Owner I City of Lubbock JProject Name Indiana Paving Improvements General Description of Project Installation of 6017 LF 10" & 15" 5ewerline, 6958 LF 12" Waterline, 11 Manholes, 72" Steel Casing Budget History Schedule Performance % of Bid Amount Amount Date Days Bid $ 1,293,497.50 Notice to Proceed 2/1/2010 Change Orders Contract Substantial Completion Date at Notice to Proceed Owner Enhancements 5 36,787.38 2.84% Contract Final Completion Date at Notice to Proceed Unforeseen Conditions Change Order Authorized Substantial Completion Date Design issues Change Order Authorized Final Completion Date Total $ 36,787.38 2.84% lActual J Estimated Substantial Completion Date Final Cost $ 1,330,284.88 JActual / Estimated Final Completion Date 7/29/2011 Project Manager Project Sup Safety Officer Quality Manager Name Ty Lane Leo Garcia Chris Balios Chris Balios Percentage of Time Devoted to the Project Proposed for this Project Ty Lane Leo Garcia Chris Balios Chris Balios Did individual Complete the Project? Yes Yes Yes Yes If not, who started or completed the project in their place. Reason for Change Name Title/position Organization Telephone Email Owner Wood Franklin iblic Works Direct City of Lubbock (806) 775-2343 wfranklin@mylubbock.us Designer Leslie Bruce Engineer Construction Manager Rick Humphries Project Mgr Allen Butler Construction (806} 745-7498 rumphries@allenbutier.net Surety Howard Cowan Attorney I Liberty Mutual (806) 722-2663 W 'M72issues NO I ssuesTotalmount nvo ve in Resolved ota amount involved resolved $36,787.38 Number of issues Pending in Resolved issues $36,787.38 Project Information Sheet Completed Project Owner City of Denver City Project Name Denver City Well Field Improvements General Description of Project Installation of 16" water line Budget History Schedule Performance %of Bid Amount Amount Date Days Bid $ 196,595.75 Notice to Proceed 6/1/2011 Contract Substantial Completion Date at Notice to Proceed Change Orders $ 292,378.75 148.72% Contract Final Completion Date at Notice to Proceed Owner Enhancements Change Order Authorized Substantial Completion Date Unforeseen Conditions Change Order Authorized Final Completion Date Design Issues $ 292,378.75 148.72% Actual / Estimated Substantial Completion Date Total $ 489,974,50 Actual J Estimated Final Completion Date 8/31/2011 Final Cost Project Manager Project Sup Safety Officer Quality Manager Name Ty Lane Leo Garcia Chris Balios Chris Balios Percentage of Time Devoted to the Project Proposed for this Project Ty Lane Leo Garcia Chris Balios Chris Balios Did individual Complete the Project? Yes Yes Yes Yes If not, who started or completed the project in their place. Reason for Change Name Title/position Organization Telephone Email Owner Designer Construction Manager lames Tompkins (432) 523-2181 JamesT@wtcengineering.com Surety Howard Cowan Attorney Liberty Mutual (806) 722-2663 um er o issues Totalmount involved in eso ve amount involved rinResolved resolved 2 issues $292,378.75 Number of issues Pending issues $292,378.75 f r J i t. .� ,"_.."'.'�.% :•1-i-! r"�< .�`..�� i."�..E r�"`�'"ti1/ F-i.a ----Y,. L.r— — ,�^-- Project Information Sheet Completed Project Owner I City of Plainview I Project Name Plainview Water Reconstruction General Description of Project Installation of 12", 1W, 8", 6", 4" water lines ♦ 0 • ® e R Budget History Schedule Performance % of Bid Amount Amount Date Days Bid $ 1,494,410,00 Notice to Proceed 3/1/2011 Change Orders Contract Substantial Completion Date at Notice to Proceed Owner Enhancements $ 55,848.75 3.74% Contract Final Completion Date at Notice to Proceed Unforeseen Conditions Change Order Authorized Substantial Completion Date Design Issues Change Order Authorized Final Completion Date Total $ 55,848.75 3.74% Actual / Estimated Substantial Completion Date Final Cost $ 1,550,258.75 Actual / Estimated Final Completion Date December 2011 8 ^ ♦ Project Manager Project Sup Safety Officer Quality Manager Name Ty Lane Chris Balios Chris Balios Chris Balios Percentage of Time Devoted to the Project Proposed for this Project Ty Lane Chris Balios Chris Balios Chris Balios Did individual Complete the Project? Yes Yes Yes Yes If not, who started or completed the project in their place. Reason for Change Name Title/position Organization Telephone Email Owner Mike Gilliland Engineer City of Plainview (806) 296-1150 mRilh1ande2ci.Qlainyiew,tx.us Designer Construction Manager Brandon Autry Engineer AMD Engineering (806) 771-5976 bautry@amdeng.com Surety Howard Cowan Attorney Liberty Mutual (806) 722-2663 um er o ssues otal mount involved in Kesolve Total amount involved resolved 1 issues $23,929,00 Number of issues Fending lin Resolved issues $23,929,00 Project information Sheet Completed Project Owner City of Lubbock Project Name Quaker Ave Reconstruction from 114th to FM 1585 General Description of Project Installation of water, sewer, & storm sewer lines o tl- tl 's tl Budget History Schedule Performance % of Bid Amount Amount Date Days Bid $ 663,467.00 Notice to Proceed 4/1/2011 Change Orders Contract Substantial Completion Date at Notice to Proceed Owner Enhancements $ 11,800,76 1.78% Contract Final Completion Date at Notice to Proceed Unforeseen Conditions Change Order Authorized Substantial Completion Date Design Issues Change order Authorized Final Completion Date Total $ 11,800.76 1.78°9 Actual / Estimated Substantial Completion Date Final Cost $ 675,267.76 Actual / Estimated Final Completion Date 8/31/2011 0 Project Manager Project Sup Safety Officer Quality Manager Name Ty Lane Marty Hamm Chris Balios Chris Balios Percentage of Time Devoted to the Project Proposed for this Project Ty Lane Marty Hamm Chris Balios Chris Balios Did individual Complete the Project? Yes Yes Yes Yes If not, who started or completed the project in their place. Reason for Change e a 0 0 tl• tl Name e ® Title/position s o Organization Telephone Email Owner Designer Construction Manager Kyle Duininck Project Mgr Duininck Brothers (817) 491-0946 RCDuininck@dbitx.com Surety Howard Cowan Attorney Liberty Mutual (806) 722-2663 WissMues7 A 1 p tl e 0. e 11 um er ota mount mvo ve m eso ve ota amount mvresolved issues $11,800.76 Number of issues Pending in Resolved issues $11,800.76 7-7 I Project Information Sheet Completed Project Information Sheet Completed Project Information Sheet Completed Project Information Sheet Completed Project Owner City of Levelland Project Name 2012 Water System Improvements General Description of Project Replace 2" cast iron water with 6" and 8" pvc Budget History Schedule Performance % of Bid Amount Amount Date Days Bid $ 249,210,00 Notice to Proceed 11/26/2012 210 Change Orders Contract Substantial Completion Date at Notice to Proceed 5/25/2013 180 Owner Enhancements $ 1,600,00 0.64% Contract Final Completion Date at Notice to Proceed 6/24/2013 210 Unforeseen Conditions Change Order Authorized Substantial Completion Date Design Issues Change Order Authorized Final Completion Date Total $ 1,600.00 0.64% Actual / Estimated Substantial Completion Date Final Cost $ 250,810,00 Actual / Estimated Final Completion Date February 2013 e e Quality Manager Project Manager Project Sup Safety Officer Name Ty Lane Steve Levitt Chris Balios Chris Balios Percentage of Time Devoted to the Project Proposed for this Project Ty Lane Steve Levitt Chris Balios Chris Balios Did individual Complete the Project? Yes yes Yes Yes If not, who started or completed the project in their place. Reason for Change v e ♦ e e . o e e Name e e Title/position e 1 Organization Telephone Email Owner Erik Rejino City of Levelland, Texas (806) 894-0113 ereiinoi2levelliandtexas.org Designer Construction Manager Kristi Laverty Engineer Parkhill, Smith & Cooper (806) 473-3634 klaverty@team-psc.com Surety Howard Cowan Attorney Liberty Mutual (806) 722-2663 ® ! 9 8• e e 6 e e 0 c 8 ® 8 i e e urn er ot issues ota mount involved n Resolved mount mvo ue res I 0 issues I $0.00 Number of issues Pending 0 in Resolved issues $0.00 L✓ � = Q = = = 7--� = = = = 7-7r" `-�^'- f^`'-.--�..� ram----�' pt-.-*^�' r'—^--t'----^1' A-•,..-" �'----� '^-�--1- P^-�-�-1= 7.(,� 7-7 i Project Information Sheet Completed Project owner City of Lubbock Project Name Reconstruction & Widening of Frankford Ave General Description of Project Remove and Relocate water and sewer infastructure for new road Budget History Schedule Performance Amount % of Bid Amount Date Days Bid $ 251,878,50 Notice to Proceed Change Orders Contract Substantial Completion Date at Notice to Proceed Owner Enhancements $ 36,100.00 14.33% Contract Final Completion Date at Notice to Proceed Unforeseen Conditions Change Order Authorized Substantial Completion Date Design Issues Change Order Authorized Final Completion Date Total $ 36,100.00 14.33% Actual / Estimated Substantial Completion Date 06/2013 Final Cost $ 287,978.50 Actual J Estimated Final Completion Date 07/2013 • e Project Manager Project Sup Safety officer Quality Manager Name Ty Lane Marty Hamm Chris Balios Chris Balios Percentage of Time Devoted to the Project Proposed for this Project Ty Lane Marty Hamm Chris Balios Chris Balios Did individual Complete the Project? Yes Yes Yes Yes If not, who started or completed the project in their place. Reason for Chanee Name Title/position Organization Telephone Email Owner Mike Keenum City Engineer City of Lubbock, Texas (806) 775-2393 MkeenumPmaiLci.Iubbock.tx.us Designer Construction Manager Rick Humphries Project Mgr Allen Butler Construction (806) 745-7498 rhumphries@allenbutier.net Surety 0 Howard Cowan fl ota mount invo ve n eso ve issues "Attorney e e • $0.00Num r "Issues (806) 722-2663 ota amount mvo veresolved 0 in Resolved issues 1 $0.00 Project Information Sheet Completed Project Owner City of Lubbock Project Name 98th St. Paving Improvements (Albany to Huron) General Description of Project Water and Sanitary Sewer Infastructure a f • F • • Budget History Schedule Performance % of Bid Amount Amount Date Days Bid $955,577.52 Notice to Proceed 8/22/2011 Change Orders Contract Substantial Completion Date at Notice to Proceed Owner Enhancements $ 121,512.02 12.72% Contract Final Completion Date at Notice to Proceed Unforeseen Conditions Change Order Authorized Substantial Completion Date Design Issues Change Order Authorized Final Completion Date Total $ 121,512,02 12.72% Actual / Estimated Substantial Completion Date Final Cost $ 1,077,089,54 Actual / Estimated Final Completion Date 07/2013 Quality Manager Project Manager Project Sup Safety Officer Name Ty Lane Marty Hamm Chris Bahos Chris Balios Percentage of Time Devoted to the Project Proposed for this Project Ty Lane Marty Hamm Chris Balios Chris Balios Did individual Complete the Project? Yes Yes Yes Yes if not, who started or completed the project in their place. Reason for Change Name Title/position Organization Telephone Email Owner Wood Franklin iblic Works Directi City of Lubbock, Texas (806) 775-2343 wfranklin@mail.ci.lubbock,tx.us Designer Construction Manager Rick Humphries Project Mgr Allen Butler Construction (806) 745-7498 rhumphries@allenbutier.net Surety Howard Cowan Attorney Liberty Mutual (806) 722-2663 ', D • • • a e • e e e a • • • H • 2 • . • '. urn er o issues Total Amount involved in Resolved ve resolved 0 issues $0.00Number of issues Pending 0 in Resolved issues $0.00 Name Ty Lane Chris Balios Chris Balios Chris Balios Percentage of Tame Devoted to the Project Proposed for this Project Ty Lane Chris Balios Chris Balios Chris Balios Did individual Complete the Project? Yes Yes Yes Yes if not, who started or completed the project in their place. Reason for Change Name Title/position Organization Telephone Email Owner Designer Construction Manager Jerry Pollock Project Mgr Jackson Dead Construction (425) 531-1077 jerryp@iacksondean.com Surety Howard Cowan Attorney Liberty Mutual (806) 722-2663 d 0 B 0 e 0 , i 0 0 a 8 ! e NUMDer o issues ota mount invo ve in eso ve ota amount Involved resolved 0 issues $4l.OQ Number of issues Pending Q in Resolved issues $O.QQ Project Information Sheet Completed Project Owner City of Lubbock lProiect Name Milwaukee Ave Paving Improvements General Description of Project Remove and Relocate water and sewer infastructure for new road Budget History Schedule Performance % of Bid Amount Amount Date Days Bid $ 2,511,46750 Notice to Proceed Change Orders Contract Substantial Completion Date at Notice to Proceed Owner Enhancements $ 316,484,77 12.60% Contract Final Completion Date at Notice to Proceed Unforeseen Conditions Change Order Authorized Substantial Completion Date Design Issues Change Order Authorized Final Completion Date Total $ 316,484.77 12M% Actual / Estimated Substantial Completion Date Final Cost $ 2,827,952,27 Actual / Estimated Final Completion Date 01/2014 Project Manager Project Sup Safety Officer Quality Manager Name Ty Lane Marty Hamm Chris Balios Chris Balios Percentage of Time Devoted to the Project Proposed for this Project Ty Lane Marty Hamm Chris Balios Chris Balios Did individual Complete the Project? Yes Yes Yes Yes Reason for Change Reference li ind���#s approv�(�tt► tontac:trng`�th��arne� ndiuid�tl�.��fe j` ontact,tnforrnation „ ��C xu �, ...,, n ,( sta g nacrres , r nr Mike Keenum Rick Humphries • t � p. �. .. butler, .. Howard Cowan ��� ��iWiiY �. Is ues SDis utes"rtesol+�d orUPerYdin Resolution 6 r itl�atton"�CiEI .,.,.g,,,. �°.,u.., ��Y�!w�.��..,g"�,wwl?►�s�°�,a���:�,.���z,�r.�..:�.. �tia; � r Dls t� Rev€eur.�dard�� � �� �_� � � l� � ,"�° �� a,U��.,�/�u.�p ....x1. t ,���.,,m.�wak,. .���°�� 1 Project Information Sheet Completed Project Information Sheet Completed Project Owner I City of Lubbock Project Name East Erskine Stree 12" Water Line Extension General Description of Project Budget History Schedule Performance % of Bid Amount Amount Date Days Bid $ 298,366.00 Notice to Proceed 12/3/2014 90 Change Orders Contract Substantial Completion Date at Notice to Proceed 3/3/2015 Owner Enhancements $ 3,262.00 1.09% Contract Final Completion Date at Notice to Proceed 3/3/2015 Unforeseen Conditions Change Order Authorized Substantial Completion Date Design Issues Change Order Authorized Final Completion Date Total $ 3,262.00 1.09% Actual / Estimated Substantial Completion Date Feb 2015 Final Cost $ 301,628.00 Actual / Estimated Final Completion Date Feb 2015 e - Project Manager Project Sup Safety Officer quality Manager Name Ty Lane Marty Hamm Chris Bahos Chris Balios Percentage of Time Devoted to the Project Proposed for this Project Did individual Complete the Project? If not, who started or completed the project in their place. Reason for Change e a e e a s a Name e m Title/position e e Organization Telephone Email Owner Josh Kristinek Engineer City of Lubbock (806) 775-3397 Jkristineki2mail.ci.lubbock.tx.us Designer Construction Manager Surety Howard Cowan Attorney Liberty Mutual (806) 722-2663 resolved 0 issues 50.001 Number of issues Pending !!0linResolved issues $0.00 77 Project Information Sheet Completed Project Owner I City of Lubbock 1project Name Northwest Lubbock Drainage Improvements General Description of Project Storm Sewer Infastructure (10 x 10 Boxes) Budget History Schedule Performance Amount 9� of Bid Amount Date Days Bid $ 30,899,370.70 Notice to Proceed 4/23/2012 Change Orders Contract Substantial Completion Date at Notice to Proceed 4/3/2014 710 Owner Enhancements $ 5,080,518.00 16,44% Contract Final Completion Date at Notice to Proceed 5/18/2014 755 Unforeseen Conditions Change Order Authorized Substantial Completion Date 12/20/2014 Design Issues Change Order Authorized Final Completion Date Total $ 5,080,518,00 16.44% Actual / Estimated Substantial Completion Date 3/31/2015 Final Cost $ 35,979,888.70 JActual / Estimated Final Completion Date 3/31/2015 Project Manager Project Sup Safety Officer Quality Manager Name Ty Lane Troy Lane Chris Balios Chris Balios Percentage of Time Devoted to the Project Proposed for this Project Did individual Complete the Project? If not, who started or completed the project in their place. Reason for Chanee Name Title/position Organization Telephone Email Owner Mike Keenum City Engineer City of Lubbock, Texas (806) 775-2393 Mkeenum mail.ci.lubbock.tx.us Designer Construction Manager Paul McMillen Engineer Parkhill, Smith & Cooper (806) 473-2200 pmcmillen@team-psc.com Surety Howard Cowan Attorney Liberty Mutual 1 (806) 722-2663 resolved I 0 issues I $0.00 Number of issues Pending I Olin Resolved issues ,00 Project Information Sheet Completed Project Information Sheet Completed Project Information Sheet Completed Project Owner I City of Brownfield 1Project Name Water & Sewer Extension General Description of Project Installation of 13,700' 8" Water line, 6,900' 6" Force Main, 3,290' 6" Force Main under Pavement, Lift Station t ` P • 0 Budget History 9 Schedule Performance % of Bid Amount Amount Date Days Bid $ 1,279,031.00 Notice to Proceed 6j8j2015 Change Orders Contract Substantial Completion Date at Notice to Proceed October 2015 Owner Enhancements Contract Final Completion Date at Notice to Proceed October 2015 Unforeseen Conditions Change Order Authorized Substantial Completion Date Design Issues Change Order Authorized Final Completion Date Total $ - 0.00% Actual / Estimated Substantial Completion Date October 2015 Final Cost ; 1,279,031.00 Actual j Estimated Final Completion Date October 2015 Project Manager Project Sup Safety Officer Quality Manager Name Jonathan Zieener Chris Balios I Jonathan Zieener Jonathan Zieener Project information Sheet Project Owner City of Lubbock Project Name South Lubbock General Description of Project llnstal4ation of 35,400' Fiberglass Sewer Pipe, ranging in size from 24" — 54" and depths from 0' — 42' Budget of Bid Performance Completed Sewer Extension - Phase 1 Amount Amount Date Days Bid $ 20,293,159.95 Notice to Proceed 5/19/2014 Change Orders Contract Substantial Completion Date at Notice to Proceed May 2015 Owner Enhancements $ (13,84831) -0.07% Contract Final Completion Date at Notice to Proceed May 2015 Unforeseen Conditions $ 265,699.10 1.31% Change Order Authorized Substantial Completion Date October 2015 Design Issues Change Order Authorized Final Completion Date October 2015 Total $ 251,8%79 1,24% Actual / Estimated Substantial Completion Date October 2015 Final Cost $ 20,545,010.74 Actual / Estimated Final Completion Date October 2015 Project Manager Project Sup Safety Officer Quality Manager Name Ty Lane Chris Balios Chris Balios Chris Balios Percentage of Time Devoted to the Project Proposed for this Project Did individual Complete the Project? If not, who started or completed the project in their place. Reason for Change Name Title/position Organization Telephone Email Owner Zoltan Fekete Engineer City of Lubbock, Texas (806) 775-3317 ZFeketeC@maiW.lubbock,tx.us Designer Construction Manager Aaron Rader Engineer Kimley Horn Associates (817) 335-6511 aaron.rader@kimleyhorn.com Surety Howard Cowan Attorney Liberty Mutual (806) 722-2663 8 e e • um er o issues 101 mount invo v n eso ve 70in ta amount invo veresolved $0.00 Number of issues Pending Resolved issues $0.00 risstues Project Information Sheet Completed Project Information Sheet Completed Project Owner City of Lubbock Project Name Pump Station Intake Meter General Description of Project Budget History Schedule Performance % of Bid Amount Amount Date Days Bid $ 640,425,00 Notice to Proceed Change Orders Contract Substantial Completion Date at Notice to Proceed Owner Enhancements $ (47,155.00)-7,36% Contract Final Completion Date at Notice to Proceed Unforeseen Conditions Change Order Authorized Substantial Completion Date Design Issues Change Order Authorized Final Completion Date Total $ (47,155,00) -7.36% Actual / Estimated Substantial Completion Date Final Cost $ 593,270.00 Actual / Estimated Final Completion Date Sept 2016 Project Manager Project Sup Safety Officer Quality Manager Name Jonathan Ziegner Chris Balios I Jonathan Ziegner Jonathan Ziegner Percentage of Time Devoted to the Project Proposed for this Project Did individual Complete the Project? If not, who started or completed the project in their place. Reason for Change • . . • . - • °'!Construction Manager , Brian Beach • s ''!L#JIFXWT i, brbgfreese.com Howard Cowan � `Y,. .<u.,.,...,, G <. w .,.,., Issues ,Dis utes,Resatved;arP.endsn �s. Pw , , v ��,..., ., ,:,. �.. , � ..,: :y r= "s ,:.x.„ �,.... „u. ,, .: Resa)utio b ,.Arbitrat�or�sti u r C ., ,? ,y< v r ..,^� � ,>�,.+..:. „ .,,4 �.. ,u, .x atian=or,D�s �A�g , u .,..:Y ,z �m t ,e. � .fit. to ., ,,, �.. n ... , , fA,,.,. �s3'„ . ,,,,, w,.°..., , n ',' ..� �1u ote Revtw;Boards� u,s ,u., p n;.����� ..,; a� a., s, „ ., : u,. .Ya:� P ut" ...,, s, .. `� u ; ,. �� ������� � .,r, t" "d v fi� , u ,, t t u iin Resolved issuesE i 1� Project Information Sheet Completed Project Owner I LEDA 1project Name Monsanto Potable Water Line Extension General Description of Project Budget History Schedule Performance % of Bid Amount Amount Date Days Bid $ 1,117,158.50 Notice to Proceed Change Orders Contract Substantial Completion Date at Notice to Proceed Sept 2016 Owner Enhancements $ (1,893.30) -0,17% Contract Final Completion Date at Notice to Proceed Unforeseen Conditions Change Order Authorized Substantial Completion Date Design Issues Change Order Authorized Final Completion Date Total $ (1,893,30) -0.17% Actual / Estimated Substantial Completion Date Final Cost $ 1,115,265,20 Actual / Estimated Final Completion Date Sept 2016 Project Manager Project Sup Safety officer Quality Manager Name Jonathan Ziegner Jonathan Ziegner Chris Balios Percentage of Time Devoted to the Project Proposed for this Project Did individual Complete the Project? if not, who started or completed the project in their place. Reason for Change Name Title/position Organization Telephone Email Owner Designer Construction Manager John Sedbrook Garney Construction (720) 407-8160 isedbrook@garney.com Surety Howard Cowan Attorney liberty Mutual (806) 722.2663 SEEM resolved 0 issues $0.00 Number of issues Pending Olin Resolved issues 1 $0,00 -'' Attachment A uc� 1. UCA will without fail, comply with all terms and conditions of the proposed contract. UCA will insure timely deliverables of all necessary Project documents through the appropriate authorities. UCA will maintain and provide all necessary project documentation in all aspects of the project including but not limited to: upkeep of current project Schedules, Performance and Production measurement, reporting and Payment Documents, Managing contract changes and Management of overall business relationships. 2. UCA will be performing all of the work entailed in the project with our own resources and/or the resources of subcontractors. UCA is familiar and confident in our subcontractors and will manage their work as if it were done by UCA as we will be held responsible for their quality and punctuality of work performed on this project. All of the vendors and suppliers that we propose to use for this project have a long history with UCA and we are fully confident that they can and will fulfill all of ours and the City of Lubbock's needs to meet or exceed the contract specifications. 3. Time is of the essence, UCA will see to it that all items and aspects of the project are carried out as efficiently and as safely as possible. 4. Cost will be controlled and kept low, as UCA has obtained quotes for materials and supplies from various distributors and suppliers. However, UCA will spare no cost when it comes to safety. 5. Quality of work for this project will be one of our top priorities. UCA will have a Quality Control Officer devoted to this project. The Quality Control Officer's Job will be to monitor and ensure that every aspect of work provided by UCA shall meet or exceed contract specifications and requirements of the owner's standards. Attachment A 6. Safety for everyone present on the Jobsite is UCA's top priority. UCA has weekly company -wide safety meetings and daily on -site, job -specific safety meetings, and will maintain safety regulations in accordance with local, state, federal and OSHA standards throughout the completion of the project. 7. UCA has a project manager that will be in communication with the engineers and will insure that any changes are done properly, and are carried out effectively and seamlessly throughout the project. S. All equipment used on this project will be monitored and maintained regularly throughout the entire project to ensure that all onsite resources are at maximum efficiency. UCA has service personnel that will be servicing and maintaining equipment on a daily basis. In addition to that, we have a full time mechanic that will routinely check all equipment and stay in contact with the equipment operators to make sure that all equipment involved in the project will be in top performing condition thereby avoiding any delays or safety issues that could arise from neglected or improperly maintained equipment. 9. UCA has a history of performing projects with no change orders. In most cases change orders are the result of quantity changes. UCA's philosophy is not to seek revenue by slight errors or omissions. 11"Ll . .......... ................ Signature (%P'1*5_ Print Name IAttachment A UCQ UTILITY CONTRACTORS OF AMERICA, INC. Awards Received • Texas Tech University Excellence In Construction -4 Awarded in 2008 • Bituminous insurance Company Certificate of Excellence for Public Safety Awarded in 2005 • Bituminous Insurance Company Certificate of Excellence for Driving Safety Awarded in 2005 • Wolfforth Fire Department Certificate of Appreciation Awarded in 2003 Signatuez re 4r1,, 1341,,v3 zi Print Name Page Intentionally Left Blank City of Lubbock Bid RFP 17-13012-TF City of Lubbock, TX Insurance Requirement Affidavit To Be Completed by Offeror Must be submitted with Proposal I, the undersigned Offeror, certify that the insurance requirements contained in this proposal document have been reviewed by me and my Insurance Agent/Broker. If I am awarded this contract by the City of Lubbock, 1 will be able to, within ten (10) business days after being notified of such award by the City of Lubbock, furnish a valid insurance certificate to the City meeting all of the requirements defined in this proposal. Chris Balios Contractor (Original Signature) Contractor (Print) CONTRACTOR'S BUSINESS NAME: Utility Contractors of America, Inc. (Print or Type) CONTRACTOR'S FIRM ADDRESS: 5805 CR 7700 Lubbock, TX 79424 NOTE TO CONTRACTOR If the time requirement specified above is not met, the City has the right to reject this proposal and award the contract to another contractor. If you have any questions concerning these requirements, please contact the Director of Purchasing & Contract Management for the City of Lubbock at (806) 775-2572. RFP 17-13012-TF -Lift Station 41 Replacement u '2/17/2017 3:49 PM P. 51 Page Intentionally Left Blank 2 City of Lubbock Bid RFP 17-13012--n 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 proposals on City contracts. Pursuant to i Section 252.0435 of the Local Government Code, City of Lubbock has adopted the following written definition and criteria for accurately determining the safety record of a proposer prior to awarding proposals on City contracts. The definition and criteria for determining the safety record of a proposer for this consideration shall be: The City of Lubbock shall consider the safety record of the offerors in determining the responsibility thereof. The City may 4„ consider any incidence involving worker safety or safety of the citizens of the City of Lubbock, be it related or caused by environmental, mechanical, operational, supervision or any other cause or factor. Specifically, the City may consider, among other things: a. Complaints to, or final orders entered by, the Occupational Safety and Health Review Commission (OSHRC), against the proposer for violations of OSHA regulations within the past three (3) years. b. Citations (as defined below) from an Environmental Protection Agency (as defined below) for violations within the past five (5) years. Environmental Protection Agencies include, but are not necessarily limited to, the U.S. Army Corps of Engineers (USACOE), the U.S. Fish and Wildlife Service (USFWS), the Environmental Protection Agency (EPA), the Texas Commission on Environmental Quality (TCEQ), the Texas Natural Resource Conservation Commission (TNRCC) (predecessor to the TCEQ), the Texas Department of State Health Services (DSHS), the Texas Parks and Wildlife Department (TPWD), the Structural Pest Control Board (SPCB), agencies of local governments responsible for enforcing environmental protection or worker safety related laws or regulations, and similar regulatory agencies of other states of the United States. Citations include notices of violation, notices of enforcement, suspension/revocations of state or federal licenses or registrations, fines assessed, pending criminal complaints, indictments, or convictions, administrative orders, draft orders, final orders, and judicial final judgments. C. Convictions of a criminal offense within the past ten (10) years, which resulted in bodily harm or death. d. Any other safety related matter deemed by the City Council to be material in determining the responsibility of the offeror and his or her ability to perform the services or goods required by the proposal documents in a safe environment, both for the workers and other employees of offeror and the citizens of the City of Lubbock. In order to obtain proper information from offerors so that City of Lubbock may consider the safety records of potential a contractors prior to awarding proposals on City contracts, City of Lubbock requires that offerors answer the following three (3) questions and submit them with their proposals: OLESTION ONE Has the offeror, or the firm, corporation, partnership, or institution represented by the offeror, or anyone acting for such firm, corporation, partnership or institution, received citations for violations of OSHA within the past three (3) years? YES NO If the offeror has indicated YES for question number one above, the offeror must provide to City of Lubbock, with its proposal submission, the following information with respect to each such citation: .; Date of offense, location of establishment inspected, category of offense, final disposition of offense, if any, and penalty assessed. �Offeror's Initials L2/17/2017 3A9 PM MM City of Lubbock QUESTION TWO Bid RFP 17-13012-TF fig. !rJ Has the offeror, or the firm, corporation, partnership, or institution represented by the offeror, or anyone acting for such firm, corporation, partnership or institution, received citations for violations of environmental protection laws or , regulations, of any kind or type, within the past five years? Citations include notice of violation, notice of enforcement, x 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 offeror has indicated YES for question number two above, the offeror must provide to City of Lubbock, with its proposal submission, the following information with respect to each such conviction: Date of offense or occurrence, location where offense occurred, type of offense, final disposition of offense, if any, and penalty assessed. U111 • � `�II[��►`�IMt,i Has the offeror, or the firm, corporation, partnership, or institution represented by offeror, or anyone acting for such firm, corporation, partnership, or institution, ever been convicted, within the past ten (10) years, of a criminal offense which resulted in serious bodily injury or death? YES NO If the offeror has indicated YES for question number three above, the offeror must provide to City of Lubbock, with its proposal submission, the following information with respect to each such conviction: Date of offense, location where offense occurred, type of offense, final disposition of offense, in any, and penalty assessed. MSTION FOUR Provide your company's Experience Modification Rate and supporting information: •492 ACKNOWLEDGEMENT THE STATE OF TEXAS COUNTY OF LUBBOCK I certify that 1 have made no willful misrepresentations in this Questionnaire nor have I withheld information in my statements and answers to questions. I am aware that the information given by me in this questionnaire will be investigated, with my full permission, and that any misrepresentations or omissions may cause my proposal to be rejected. t Signs Chris Bailos, VP Title P /17/2017 3:49 PM V. 54 City of Lubbock Bid RFP 17-13012-TF Suspension and Debarment Certification Federal Law (A-102 Common Rule and OMB Circular A-110) prohibits non -Federal entities from contracting with or making sub -awards under covered transactions to parties that are suspended or debarred or whose principals are suspended or debarred. Covered transactions include procurement contracts for goods or services equal to or in excess of $25,000 and all non -procurement transactions (e.g., sub -awards to sub -recipients). Contractors receiving individual awards of $25,000 or more and all sub -recipients must certify that their organization and its principals are not suspended or debarred by a Federal agency. Before an award of $25,000 or more can be made to your firm, you must certify that your organization and its principals are not suspended or debarred by a Federal agency. I, the undersigned agent for the firm named below, certify that neither this firm nor its principals are suspended or debarred by a Federal agency. COMPANY NAME: Utility Contractors of America, Inc. FEDERAL TAX ID or SOCIAL SECURITY No. 75-2214193 Signature of Company Official: Printed name of company official signing above Date Signed. March 14, 2017 Chris Balios 2/17/2017 3:49 PM P. 5', Pa2e Intentionally Left Blank City of Lubbock PROPOSED LIST OF SUIT -CONTRACTORS Company [dame Location Services Provided Odessa Pumps Odessa, TX Lift Station Acme Electric Lubbock Electrical Barricades Unlimited Lubbock Barricades Huo Reed Lubbock Survey V-Tech Lubbock SW3P Bid t2FP 17-13012-TF Minority Owned Yes No ® ❑ ❑ cl G Cl 0 0 U ❑ ❑ 0 [a ❑ Li ❑ ❑ ❑ to L U El 11 THIS FORM SHALL BE COMPLETED AND RETURNED ALONG WITH YOUR PROPOSAL IF NO SUB -CONTRACTORS WILL BE USED PLEASE INDICATE SO SUBMITTED BY: Utility Contractors of America, Inc. (PRINT NAME OF COMPANY) RFP 17-13012-TF - Lift Station 41 Replacement 2/17/2017 3:49 PM p 57 Pate Intentionally Left Blank POST -CLOSING DOCUMENT REQUIREMENTS The below -listed document must be received in the Purchasing and Contract Management Office Not Later Than SEVEN BUSINESS DAYS after the close date when proposals are due. FINAL LIST OF SUB -CONTRACTORS Page Intentionally Left Blank FINAL LIST OF SUB -CONTRACTORS r-, �j Company Name Location Services Provided 1• Odessa Pumps Odessa, TX Lift Statoin 2. Acme Electric Lubbock Electrical 3. Barricades Unlimited Lubbock Barricades { 4. Hugo Reed Lubbock Survey _i s. V-Tech Lubbock SW3P 6. r 7. S. [[ 9. 10. 11. 12. 13. 14. 15. ..a 16. q SUBMITTED BY: ` of America Inc. Utility Contractors c (PRINT NAME OF COMPANY) Minority Owned Yes No ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ V ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ THIS FORM SHALL BE COMPLETED AND RETURNED NOT LATER THAN SEVEN BUSINESS DAYS AFTER THE CLOSE DATE WHEN PROPOSALS ARE DUE IF NO SUB -CONTRACTORS WILL BE USED PLEASE INDICATE SO p. 61 Page Intentionally Left Blank PERFORMANCE BOND 0 Page Intentionally Left Blank PAYMENT BOND Page Intentionally Left Blank BOND NO. 022053439 STATUTORY PERFORMANCE BOND PURSUANT TO SECTION 2253.021(a) OF THE TEXAS GOVERNMENT CODE (CONTRACTS MORE THAN $100,000) KNOW ALL MEN BY THESE PRESENTS, that Utility Contractors of America, Inc. (hereinafter called the 4 Principal(s), as Principal(s), and LIBERTY MUTUAL INSURANCE COMPANY (hereinafter called the Surety(s), as Surety(s), are held and firmly bound unto the City of Lubbock (hereinafter called the Obligee), in the amount of Nine Hundred Fourteen Thousand Eight Hundred Sixty -Five Dollars $914 865) 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, finnly by these presents. WHEREAS, the Principal has entered into a certain written contract with the Obligee, dated the 271'' day of April, 2017, to RFP 17-13012-TF Lift Station 41 Replacement 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. x IN WITNESS WHEREOF, the said Principal (s) and Surety (s) have signed and sealed this instrument this 18THlay of MAY , 2017. LIBERTY MUT AL TNSURA*CE COMPANY Surety * By: HOWARD COWAN ATTORNEY -TN -FACT UTTLTTY CONTRACTORS OF (Company Name) AMERICA, TNC. (Title) Page Intentionaflv Left Blank A� } The undersigned surety company represents that it is duly qualified to do business in Texas, and hereby designates HOWARD COWAN an agent resident in Lubbock County to whom any requisite notices may be delivered and on whom service of process may be had in matters arising out of such suretyship. LTBERTY MUTUAL INSURANCE COMPANY Surety r e tl t *By: t(litle) HOWARD COWAN ATTORNEY —IN —FACT Approved as to Form City of Lubbock it By: > t City tt rney i _3 Note: gned by an officer of the Surety Company, there must be on file a certified extract from the by-laws showing that this person has authority to sign such obligation. If signed by an Attorney in Fact, we must have copy of power of attorney for our files. J E u.� 2 Page Intentionally Left Blank BOND NO. 022053439 STATUTORY PAYMENT BOND PURSUANT TO SECTION 2253.021(a) OF THE TEXAS GOVERNMENT CODE (CONTRACTS MORE THAN $50,000) KNOW ALL MEN BY THESE PRESENTS, that Utility Contractors of America, Inc. (hereinafter called the J Principal(s), as Principal(s), and LIBERTY MUTUAL INSURANCE COMPANY (hereinafter called the Surety(s), as Surety(s), are held and firmly bound unto the City of Lubbock (hereinafter called the Obligee), in the amount of Nine Hundred Fourteen Thousand Eight Hundred Sixty -Five Dollars ($914,865) 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 27th day , of April, 2017, to RFP 17-13012-TF Lift Station 41 Replacement .mot 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. E 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; a 9 PROVIDED, HOWEVER, that this bond is executed pursuant to the provisions of Section 2253.021(a) E ,p of the Texas Government Code, and all liabilities on this bond shall be detennined 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 18TH day of MAY 2017. LIBERTY MUTUAL INSURANCE COMPANY r� Surety *By (Title) HOWA rCOWAN ATTORNEY -IN -FACT UTILITY CONTRACTORS OF (Company Name) AMERICA, INC. Page Intentionally Left Blank j The undersigned surety company represents that it is duly qualified to do business in Texas, and hereby designates HOWARD COWAN an agent resident in Lubbock County to whom any requisite notices may be delivered and on whom service of process may be had in matters arising out of such suretyship. z LIBERTY MUTUAL INSURANCE COMPANY Surety Y (Title) HO ARD COWAN ATTORNEY —IN —FACT Approved as to form: City of Lubbock A17 • B 7 y� City A to ney * Note: If signed by an officer of the Surety Company there must be on file a certified extract from the by-laws showing that this person has authority to sign such obligation. If signed by an Attorney in Fact, we must have copy of poorer of attorney for our files. 2 Pap,e Intentionally Left Blank TEXAS IMPORTANT NOTICE To obtain information or make a complaint: You may call toll -free for information or to make a complaint at 1-877-751-2640 You may also write to: 2200 Renaissance Blvd., Ste. 400 King of Prussia, PA 19406-2755 You may contact the Texas Department of Insurance to obtain information on companies, coverages, rights or complaints at 1-800-252-3439 You may write the Texas Department of Insurance Consumer Protection (I I I-1A) P. O. Box 149091 Austin, TX 78714-9091 FAX: (512) 490-1007 Web: http://www.tdi.texas.gov E-mail: p://vNAv.tdi.texas.gov PREMIUM OR CLAIM DISPUTES: Should you have a dispute concerning your premium or about a claim you should first contact the agent or call 1-800-843-6446. If the dispute is not resolved, you may contact the Texas Department of Insurance. ATTACH THIS NOTICE TO YOUR POLICY: This notice is for information only and does not become a part or condition of the attached document. NP 70 68 09 01 LMS-1529210115 TEXAS AVISO IMPORTANTE Para obtener informacion o para someter una queja: Usted puede llamar al numero de telefono gratis para informacion o para someter una queja a] 1-877-751-2640 Usted tambien puede escribir a: 2200 Renaissance Blvd., Ste. 400 King of Prussia, PA 19406-2755 Puede comunicarse con el Departamento de Seguros de Texas para obtener informacion acerca de companias, coberturas, derechos o quejas al 1-800-252-3439 Puede escribir al Departamento de Seguros de Texas Consumer Protection (I I I-1A) P. O. Box 149091 Austin, TX 78714-9091 FAX # (512) 490-1007 Web: http://www.tdi.texas.gov E-mail: ConsumerProtection(c�tdi.texas.gov DISPUTAS SOBRE PRIMAS O RECLAMOS: Si tiena una disputa concerniente a su prima o a un reclamo, debe comunicarse con el agente o primero. Si no se resuelve la disputa, puede entonces comunicarse con el departamento (TDI) UNA ESTE AVISO A SU POLIZA: Este aviso es solo para proposito de informacion y no se convierte en parte o condicion del documento adjunto. THIS POWER OF ATTORNEY IS NOT VALID UNLESS IT IS PRINTED ON RED BACKGROUND. This Power of Attorney limits the acts of those named herein, and they have no authority to bind the Company except in the manner and to the extent herein stated. Certificate No. 7574023 Liberty Mutual Insurance Company The Ohio Casualty Insurance Company West American Insurance Company POWER OF ATTORNEY KNOWN ALL PERSONS BY THESE PRESENTS: That The Ohio Casually Insurance Company is a corporation duly organized under the laws of the State of New Hampshire, that Liberty Mutual Insurance Company is a corporation duly organized under the laws of the State of Massachusetts, and West American Insurance Company is a corporation duly organized under the laws of the State of Indiana (herein collectively called the 'Companies"), pursuant to and by authority herein set forth, does hereby name, constitute and appoint, Howard Cowan; Marla Hill all of the city of Lubbock state of TX each individually if there be more than one named, its true and lawful attorney -in -fact to make, execute, seal, acknowledge and deliver, for and on its behalf as surety and as its act and deed, any and all undertakings, bonds, recognizances and other surety obligations, in pursuance of these presents and shall be as binding upon the Companies as if they have been duly signed by the president and attested by secretary of the Companies in their own proper persons. IN WITNESS WHEREOF, this Power of Attorney has been subscribed by an authorized officer or official of the Companies and the corporate seals of the Companies have been affixed thereto this 19th day of December 2016 LZl'INSU -WSUR N%Nso The Ohio Casualty Insurance Company m Liberty Mutual Insurance Company 1919 0 > 1912 N 1991 s _ West merican Insurance Company y w y S a a rn `�.y �HAA4Pi� �'aa �) �'rSACHUS� ? � 'NDIANP Y 1 h STATE OF PENNSYLVANIA ss David M. Care Assistant Secretary COUNTY OF MONTGOMERY tM On this 19th day of December 2016 before me personally appeared David M. Carey, who acknowledged himself to be the Assistant Secretary of Liberty Mutual Insurance 1 J v d Company, The Ohio Casualty Company, and West American Insurance Company, and that he, as such, being authorized so to do, execute the foregoing instrument for the purposes j therein contained by signing on behalf of the corporations by himself as a duly authorized officer. 10 y > IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed my notarial seal at King of Prussia, Pennsylvania, on the day and year first above written, i t0 P PASS, COMMONWEALTH OF PENNSYLVANIA j r+w� F<1 Notarial Seal CN Teresa Pastella, Notary Public By:/�' ` OF Upper Marion Twp., Montgomery County Teresa Pastella, Notary Public t My Commission Expires March 28, 2017 r O �6�1.��G Member, Pennsylvania Association of Notaries 1 '5 "M Fly C ` This Power of Attorney is made and executed pursuant to and by authority of the following By-laws and Authorizations of The Ohio Casualty Insurance Company, Liberty Mutual 1 Insurance Company, and West American Insurance Company which resolutions are now in full force and effect reading as follows: s0 4 ARTICLE IV— OFFICERS — Section 12. Power of Attorney. Any officer or other official of the Corporation authorized for that purpose in writing by the Chairman or the President, and subject 4 4; to such limitation as the Chairman or the President may prescribe, shall appoint such attomeys-in-fact, as may be necessary to act in behalf of the Corporation to make, execute, seal, j acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Such attomeys-in-fact, subject to the limitations set forth in their respective -j a powers of attorney, shall have full power to bind the Corporation by their signature and execution of any such instruments and to attach thereto the seal of the Corporation. When so =� ,p ` executed, such instruments shall be as binding as if signed by the President and attested to by the Secretary. Any power or authority granted to any representative or attorney -in -fact under .3 the provisions of this article may be revoked at any time by the Board, the Chairman, the President or by the officer or officers granting such power or authority. o = ARTICLE All - Execution of Contracts - SECTION 5. Surety Bonds and Undertakings. Any officer of the Company authorized for that purpose in writing by the chairman or the president, Land subject to such limitations as the chairman or the president may prescribe, shall appoint such attomeys-in-fact, as may be necessary to act in behalf of the Company to make, execute, o seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Such attomeys-in-fact subject to the limitations set forth in their I v respective powers of attorney, shall have full power to bind the Company by their signature and execution of any such instruments and to attach thereto the seal of the Company. When so executed such instruments shall be as binding as if signed by the president and attested by the secretary. 1 Certificate of Designation — The President of the Company, acting pursuant to the Bylaws of the Company, authorizes David M. Carey, Assistant Secretary to appoint such attorneys -in- F fact as may be necessary to act on behalf of the Company to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Authorization — By unanimous consent of the Company's Board of Directors, the Company consents that facsimile or mechanically reproduced signature of any assistant secretary of the Company, wherever appearing upon a certified copy of any power of attorney issued by the Company in connection with surety bonds, shall be valid and binding upon the Company with the same force and effect as though manually affixed. I, Renee C. Llewellyn, the undersigned, Assistant: Secretary, The Ohio Casualty Insurance Company, Liberty Mutual Insurance Company, and West American Insurance Company do hereby certify that the original power of attorney of which the foregoing is a full, true and correct copy of the Power of Attorney executed by said Companies, is in full force and effect and has not been revoked. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seals of said Companies this 18TH day of MAY _ 20 17 P�ZY INSVg PyiNSUf{,Q ,�ytN5UR,1 _-- �h � 1919 j > 1912 °� 1991 By: y a Renee C. Llew sistant Secretary . 51 of 250 LMS 12873 082016 CERTIFICATE OF INSURANCE Page Intentionally Left Blank 78 ACC)R V CERTIFICATE OF LIABILITY INSURANCE DATE (MWDD/YYYY) 5/17/2017 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER K&S Insurance Agency 2255 Ridge Road, Ste. 333 P . 0. BOX 277 Rockwall TX 75087 CONTACT NAME: Cheryl Rogers PHONE Ext: (972) 771-4071 FAX No: (972)771-4695 E-MAILR;crogers@kandsins.com INSURERS AFFORDING COVERAGE NAIC 0 INSURERANational Trust Insurance Co. INSURED Utility Contractors of America, Inc., DBA: Utility Contractors of America, Ltd. 5805 CR 7700 Lubbock TX 79424 INSURERB:Texas Mutual Insurance Co. 22945 INSURERC:Continental Casualty Insurance 20443 INSURERD: INSURERE: 1 INSURERF: COVFRAC.FS CERTIFICATE NIIMRFR- REVISION NLIMRFR- THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE ADDL I s SU R VD POLICY NUMBER POLICY EFF MM/DD POLI Y EXP MWDD LIMITS X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 A CLAIMS -MADE � OCCUR DG ToRENIED PREMISES Eaoccurrence) $ 100,000 MED EXP (Any one person) $ 5,000 CPP0019154 9/5/2016 9/5/2017 PERSONAL& ADV INJURY $ 1,000,000 GEHL AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000 POLICY ❑X Pte, LOC PRODUCTS -COMP/OP AGG $ 2,000,000 Employee Benefits $ 1,000,000 OTHER: AUTOMOBILE LIABILITY Ea accident COMBINEUVR=I $ 1,000,000 BODILY INJURY (Per person) $ A ANY AUTO ALLOWNED SACHEEDULED AOSX OS CA100005345 9/5/2016 9/5/2017 BODILY INJURY (Per accident) $ PROPERTY DAMAGE Per accident $ HIRED AUTOS X NON-0WNED AUTOS UninsurediUnderinsured $ 1,000,000 X UMBRELLA LIAB X OCCUR EACH OCCURRENCE $ 10,000,000 AGGREGATE $ 10,000,000 A EXCESS LIAB CLAIMS -MADE DED X RETENTION$ 10,000 $ lUbSO019631 9/5/2016 9/5/2017 WORKERS COMPENSATION YIN ANY PROPRIETOR/PARTNERIEXECUTIVE XANDEMPLOYERS'LIABILITY STATUTE I ER E.L. EACH ACCIDENT $ 1 000 000 B OFFICER/ MEMBER EXCLUDED? ❑ (Mandatory in NH) N/A 0001204282 9/5/2016 9/5/2017 E.L. DISEASE - EA EMPLOYEE $ 1,000,000 If yes, describe under DESCRIPTION OF OPERATIONS below I E.L. DISEASE - POLICY LIMIT $ 1,000,000 C Leased/Rented Equipment 5086411620 9/5/2016 9/5/2017 $300,000w/$1,ODODeductible DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) Project: RFP 17-13012-TF Contract #13012 Lift Station 41 Replacement Please see attached for additional information. CFRTIFICATF HOI nFR CANCFI I ATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of Lubbock THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN PO Box 2000, Room 204 ACCORDANCE WITH THE POLICY PROVISIONS. Lubbock, TX 79457 AUTHORIZED REPRESENTATIVE Johnny Moss/CHERYL U 1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25 (2014/01) The ACORD name and logo are registered marks of ACORD INS025 nn14011 COMMENTS/REMARKS The following Applies to the General Liability Policy: Additional Insured Form #CGL084 10/13 for Ongoing Operations and Completed Operations; Additional Insured Form #CGL088 10/13 for Lessor of Leased Equipment; Primary & Non -Contributory Form #CGL025 11/08; Waiver of Subrogation Form #CGL088 10/13. The following Applies to the Businss Auto Policy: Additional Insured Form #CAU058 1/15; Waiver of Subrogation Form #CAU058 1/15; Primary & Non -Contributory Form #CAU042 1/15 The following Applies to the Worker's Compensation Policy: Waiver of Subrogation Form #WC420304B *ALWAYS REFER TO THE ATTACHED POLICY FORMS FOR SPECIFIC WORDING OF SUCH COVERAGE,LIMITS,CONDITIONS & EXCLUSIONS. I OFREMARK COPYRIGHT 2000, AMS SERVICES INC. I COMMERCIAL GENERAL LIABILITY CGL 084 (10 13) THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS -- AUTOMATIC STATUS WHEN REQUIRED IN CONSTRUCTION AGREEMENT WITH YOU -- ONGOING OPERATIONS AND PRODUCTS -COMPLETED OPERATIONS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE FORM 5GHtUULt (UPI IUNA4 Name of Additional Insured Persons or Organizations (As required by written contract or agreement per Paragraph A. below,) As required by written contract or agreement. Locations of Covered Operations (As per the written contract or agreement, provided the location is within the "coverage territory".) As per the written contract or agreement, provided the location is within the coverage territory. (Information required to complete this Schedule, if not shown above, will be shown in the Declarations.) A. Section II —Who Is An Insured is amended to include as an additional insured: 1. Any person or organization for whom you are performing operations when you and such person or organization have agreed in writing in a contract or agreement in effect during the term of this policy that such person or organization be added as an additional insured on your policy; and 2. Any other person or organization you are required to add as an additional insured under the contract or agreement described in Paragraph 1. above; and 3. The particular person or organization, if any, scheduled above. Such person(s) or organization(s) is an additional insured only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" occurring after the execution of the contract or agreement described in Paragraph 1. above and caused, in whole or in part, by: 1. Your acts or omissions; or 2. The acts or omissions of those acting on your behalf in the performance of your ongoing operations for the additional insured; or 3. Your work" performed for the additional insured and included in the "products -completed operations hazard" if such coverage is specifically required in the written contract or agreement. CGL 084 (10 13) Includes copyrighted material of the Insurance Services Offices, Inc. with its permission. Page 1 of 3 Copyright 2013 FCCI Insurance Group. COMMERCIAL GENERAL LIABILITY CGL 084 (1013) However, the insurance afforded to such additional insured(s) described above: 1. Only applies to the extent permitted by law; 2. Will not be broader than that which you are required by the contract or agreement to provide for such additional insured; 3. Will not be broader than that which is afforded to you under this policy; and 4. Nothing herein shall extend the term of this policy. B. The insurance provided to the additional insured does not apply to "bodily injury", "property damage" or "personal and advertising injury" arising out of the rendering of, or the failure to render, any professional architectural, engineering or surveying services, including: 1. The preparing, approving, or failing to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; or 2. Supervisory, inspection, architectural or engineering activities. C. This insurance is excess over any other valid and collectible insurance available to the additional insured whether on a primary, excess, contingent or any other basis; unless the written contract or agreement requires that this insurance be primary and non-contributory, in which case this insurance will be primary and non-contributory relative to insurance on which the additional insured is a Named Insured. D. With respect to the insurance afforded to these additional insureds, the following is added to Section III — Limits of Insurance: The most we will pay on behalf of the additional insured is the amount of insurance: 1. Required by the contract or agreement described in Paragraph A.1.; or 2. Available under the applicable Limits of Insurance shown in the Declarations; whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. E. Section IV — Commercial General Liability Conditions is amended as follows: The Duties In The Event of Occurrence, Offense, Claim or Suit condition is amended to add the following additional conditions applicable to the additional insured: An additional insured under this endorsement must as soon as practicable: 1. Give us written notice of an "occurrence" or an offense which may result in a claim or "suit" under this insurance, and of any claim or "suit" that does result; 2. Send us copies of all legal papers received in connection with the claim or "suit", cooperate with us in the investigation or settlement of the claim or defense against the "suit", and otherwise comply with all policy conditions; and 3. Tender the defense and indemnity of any claim or "suit" to any provider of other insurance which would cover the additional insured for a loss we cover under this endorsement and agree to make available all such other insurance. However, this condition does not affect Paragraph C. above. CGL 084 (10 13) Includes copyrighted material of the Insurance Services Offices, Inc. with its permission. Page 2 of 3 Copyright 2013 FCC! Insurance Group. COMMERCIAL GENERAL LIABILITY CGL 084 (10 13) We have no duty to defend or indemnify an additional insured under this endorsement until we receive from the additional insured written notice of a claim or "suit". F. This endorsement does not apply to any additional insured or project that is specifically identified in any other additional insured endorsement attached to the Commercial General Liability Coverage Form. CGL 084 (10 13) Includes copyrighted material of the Insurance Services Offices, Inc. with its permission. Page 3 of 3 Copyright 2013 FOCI Insurance Group. FIRST CHOICE CONTRACTORS LIABILITY ENDORSEMENT TABLE OF CONTENTS DESCRIPTION PAGE AdditionalInsured Coverage....................................................................................................................................10 BailBonds...................................................................................................................................................................9 BlanketWaiver of Subrogation.................................................................................................................................16 Bodily Injury and Property Damage .............................................. Care, Custody or Control ........................................... .................................................................................................3 ContractorsErrors and Omissions.............................................................................................................................7 Contractual Liability (Personal & Advertising Injury)..................................................................................................2 ElectronicData Liability..............................................................................................................................................1 GeneralLiability Conditions......................................................................................................................................14 IncidentalMalpractice...............................................................................................................................................10 Insured................................................................................................... ...................10 ................................................ Limited Product Withdrawal Expense.. ....................................................................................................................... 4 Limitsof Insurance....................................................................................................................................................12 Lossof Earnings.......................................................................................................................................................10 Newly Formed or Acquired Organizations................................................................................................................12 Non -Owned Watercraft...............................................................................................................................................1 Property Damage Liability — Borrowed Equipment.....................................................................................................1 Tenant's Property and Premises Rented To You.......................................................................................................9 Voluntary Property Damage............................................................. ............2 .............................................................. COMMERCIAL GENERAL LIABILITY CGL 088 (10 13) THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. FIRST CHOICE CONTRACTORS LIABILITY ENDORSEMENT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE FORM NOTE: The following are additions, replacements and amendments to the Commercial General Liability Coverage Form, and will apply unless excluded by separate endorsement(s) to the Commercial General Liability Coverage Form. The COMMERCIAL GENERAL LIABILITY COVERAGE FORM is amended as follows: SECTION I - COVERAGES, COVERAGE A. BODILY INJURY AND PROPERTY DAMAGE is amended as follows: 1. Extended "Property Damage" Exclusion 2.a., Expected or Intended Injury, is replaced with the following: a. "Bodily injury" or "property damage" expected or intended from the standpoint of the insured. This exclusion does not apply to "bodily injury" or "property damage" resulting from the use of reasonable force to protect persons or property. 2. Non -owned Watercraft Exclusion 2.g. (2) (a) is replaced with the following: (a) Less than 51 feet long; and 3. Property Damage Liability — Borrowed Equipment The following is added to Exclusion 2.j. (4): Paragraph (4) of this exclusion does not apply to "property damage" to borrowed equipment while at a jobsite and not being used to perform operations. The most we will pay for "property damage" to any one borrowed equipment item under this coverage is $25,000 per "occurrence". The insurance afforded under this provision is excess over any other valid and collectible property insurance (including deductible) available to the insured, whether primary, excess, contingent or on any other basis. 4. Limited Electronic Data Liability Exclusion 2.p. is replaced with the following: p. Electronic Data Damages arising out of the loss of, loss of use of, damage to, corruption of, inability to access, or inability to manipulate "electronic data" that does not result from physical injury to tangible property. The most we will pay under Coverage A for "property damage" because of all loss of "electronic data" arising out of any one 'occurrence" is $10,000. CGL 088 (10 13) Includes copyrighted material of the Insurance Services Office, Inc., with its permission. Page 1 of 16 Copyright 2013 FCCI Insurance Group COMMERCIAL GENERAL LIABILITY CGL 088 (10 13) We have no duty to investigate or defend claims or "suits" covered by this Limited Electronic Data Liability coverage. The following definition is added to SECTION V — DEFINITIONS of the Coverage Form: "Electronic data" means information, facts or programs stored as or on, created or used on, or transmitted to or from computer software (including systems and applications software), hard or floppy disks, CD- ROMS, tapes, drives, cells, data processing devices or any other media which are used with electronically controlled equipment. For purposes of this Limited Electronic Data Liability coverage, the definition of "Property Damage" in SECTION V — DEFINITIONS of the Coverage Form is replaced by the following: 17. 'Property damage" means: a. Physical injury to tangible property, including all resulting loss of use of that property. All such loss of use shall be deemed to occur at the time of the physical injury that caused it; b. Loss of use of tangible property that is not physically injured. All such loss of use shall be deemed to occur at the time of the "occurrence" that caused it; c. Loss of, loss of use of, damage to, corruption of, inability to access, or inability to properly manipulate "electronic data", resulting from physical injury to tangible property. All such loss of "electronic data" shall be deemed to occur at the time of the "occurrence" that caused it. For purposes of this insurance, "electronic data" is not tangible property. SECTION I — COVERAGES, COVERAGE B. PERSONAL AND ADVERTISING INJURY LIABILITY is amended as follows: Paragraph 2.e. Exclusions -- the Contractual Liability Exclusion is deleted. SECTION I — COVERAGES, the following coverages are added: COVERAGE D. VOLUNTARY PROPERTY DAMAGE 1. Insuring Agreement We will pay, at your request, for "property damage" caused by an 'occurrence", to property of others caused by you, or while in your possession, arising out of your business operations. The amount we will pay for damages is described in SECTION III LIMITS OF INSURANCE. 2. Exclusions This insurance does not apply to: "Property Damage" to: a. Property at premises owned, rented, leased or occupied by you; b. Property while in transit; c. Property owned by, rented to, leased to, loaned to, borrowed by, or used by you; GGL 088 (1013) Includes copyrighted material of the Insurance Services Office, Inc., with its permission. Page 2 of 16 Copyright 2013 FCCI Insurance Group COMMERCIAL GENERAL LIABILITY CGL 088 (10 13) d. Premises you sell, give away, or abandon, if the "property damage" arises out of any part of those premises; e. Property caused by or arising out of the "products -completed operations hazard"; f. Motor vehicles; g. "Your product" arising out of it or any part of it; or h. "Your work" arising out of it or any part of it. 3. Deductible We will not pay for loss in any one `occurrence" until the amount of loss exceeds $250. We will then pay the amount of loss in excess of $250 up to the applicable limit of insurance. 4. Cost Factor In the event of a covered loss, you shall, if requested by us, replace the damaged property or furnish the labor and materials necessary for repairs thereto at your actual cost, excluding profit or overhead charges. The insurance afforded under COVERAGE D is excess over any other valid and collectible property or inland marine insurance (including the deductible applicable to the property or inland marine coverage) available to you whether primary, excess, contingent or any other basis. Coverage D covers unintentional damage or destruction, but does not cover disappearance, theft, or loss of use. The insurance under COVERAGE D does not apply if a loss is paid under COVERAGE E. COVERAGE E. CARE, CUSTODY OR CONTROL 1. Insuring Agreement We will pay those sums that the insured becomes legally obligated to pay as damages because of "property damage" caused by an "occurrence", to property of others while in your care, custody, or control or property of others as to which you are exercising physical control if the "property damage" arises out of your business operations. The amount we will pay for damages is described in SECTION III LIMITS OF INSURANCE. 2. Exclusions This insurance does not apply to: "Property Damage" to: a. Property at premises owned, rented, leased or occupied by you; b. Property while in transit; c. Premises you sell, give away, or abandon, if the "property damage" arises out of any part of those premises; d. Property caused by or arising out of the "products -completed operations hazard"; CGL 088 (1013) Includes copyrighted material of the Insurance Services Office, Inc., with its permission. Page 3 of 16 Copyright 2013 FCCI Insurance Group COMMERCIAL GENERAL LIABILITY CGL 088 (10 13) e. Motor vehicles; f. "Your product" arising out of it or any part of it; or g. "Your work" arising out of it or any part of it. 3. Deductible We will not pay for loss in any one `occurrence" until the amount of loss exceeds $250. We will then pay the amount of loss in excess of $250 up to the applicable limit of insurance. 4. Cost Factor In the event of a covered loss, you shall, if requested by us, replace the damaged property or furnish the labor and materials necessary for repairs thereto at your actual cost, excluding profit or overhead charges. The insurance afforded under COVERAGE E is excess over any other valid and collectible property or inland marine insurance (including the deductible applicable to the property or inland marine coverage) available to you whether primary, excess, contingent or any other basis. The insurance under COVERAGE E does not apply if a loss is paid under COVERAGE D. COVERAGE F. LIMITED PRODUCT WITHDRAWAL EXPENSE 1. Insuring Agreement a. If you area "seller', we will reimburse you for "product withdrawal expenses" associated with "your product" incurred because of a "product withdrawal" to which this insurance applies. The amount of such reimbursement is limited as described in SECTION III - LIMITS OF INSURANCE. No other obligation or liability to pay sums or perform acts or services is covered. a. This insurance applies to a "product withdrawal" only if the "product withdrawal" is initiated in the "coverage territory" during the policy period because: (1) You determine that the "product withdrawal" is necessary; or (2) An authorized government entity has ordered you to conduct a "product withdrawal". c. We will reimburse only those "product withdrawal expenses" which are incurred and reported to us within one year of the date the "product withdrawal" was initiated. d. The initiation of a "product withdrawal' will be deemed to have been made only at the earliest of the following times: (1) When you have announced, in any manner, to the general public, your vendors or to your employees (other than those employees directly involved in making the determination) your decision to conduct a "product withdrawal" This applies regardless of whether the determination to conduct a "product withdrawal" is made by you or is requested by a third party; (2) When you received, either orally or in writing, notification of an order from an authorized government entity to conduct a "product withdrawal; or CGL 088 (10 13) Includes copyrighted material of the Insurance Services Office, Inc., with its permission. Page 4 of 16 Copyright 2013 FCCI Insurance Group COMMERCIAL GENERAL LIABILITY CGL 088 (10 13) (3) When a third party has initiated a "product withdrawal" and you communicate agreement with the "product withdrawal", or you announce to the general public, your vendors or to your employees (other than those employees directly involved in making the determination) your decision to participate in the "product withdrawal", whichever comes first. e. "Product withdrawal expenses" incurred to withdraw "your products" which contain: (1) The same "defect" will be deemed to have arisen out of the same "product withdrawal"; or (2) A different "defect" will be deemed to have arisen out of a separate "product withdrawal" if newly determined or ordered in accordance with paragraph 1.b of this coverage. 2. Exclusions This insurance does not apply to "product withdrawal" expenses" arising out of: a. Any "product withdrawal" initiated due to: (1) The failure of "your products" to accomplish their intended purpose, including any breach of warranty of fitness, whether written or implied. This exclusion does not apply if such failure has caused or is reasonably expected to cause "bodily injury" or physical damage to tangible property. (2) Copyright, patent, trade secret or trademark infringements; (3) Transformation of a chemical nature, deterioration or decomposition of "your product", except if it is caused by: (a) An error in manufacturing, design, processing or transportation of "your product"; or (b) "Product tampering". (4) Expiration of the designated shelf life of "your product". b. A "product withdrawal", initiated because of a "defect" in "your product" known to exist by the Named Insured or the Named Insured's "executive officers", prior to the inception date of this Coverage Part or prior to the time "your product" leaves your control or possession. c. Recall of any specific products for which "bodily injury" or "property damage" is excluded under Coverage A - Bodily Injury And Property Damage Liability by endorsement. d. Recall of "your products" which have been banned from the market by an authorized government entity prior to the policy period. e. The defense of a claim or "suit" against you for "product withdrawal expenses". 3. For the purposes of the insurance afforded under COVERAGE F, the following is added to 2. Duties In The Event Of Occurrence, Offense, Claim Or Suit Condition under SECTION IV — COMMERCIAL GENERAL LIABILITY CONDITIONS: e. Duties In The Event Of A "Defect" Or A "Product Withdrawal" (1) You must see to it that we are notified as soon as practicable of any actual, suspected or threatened "defect" in "your products", or any governmental investigation, that may result in a "product withdrawal". To the extent possible, notice should include: CGL 088 (1013) Includes copyrighted material of the Insurance Services Office, Inc., with its permission. Page 5 of 16 Copyright 2013 FCCI Insurance Group COMMERCIAL GENERAL LIABILITY CGL 088 (10 13) (a) How, when and where the "defect" was discovered; (b) The names and addresses of any injured persons and witnesses; and (c) The nature, location and circumstances of any injury or damage arising out of use or consumption of "your product". (2) if a "product withdrawal" is initiated, you must: (a) Immediately record the specifics of the "product withdrawal" and the date it was initiated; (b) Send us written notice of the "product withdrawal" as soon as practicable; and (c) Not release, consign, ship or distribute by any other method, any product, or like or similar products, with an actual, suspected or threatened defect. (3) You and any other involved insured must: (a) Immediately send us copies of pertinent correspondence received in connection with the "product withdrawal"; (b) Authorize us to obtain records and other information; and (c) Cooperate with us in our investigation of the "product withdrawal". 4. For the purposes of this Coverage F, the following definitions are added to the Definitions Section: a. "Defect" means a defect, deficiency or inadequacy that creates a dangerous condition. b. "Product tampering" is an act of intentional alteration of "your product" which may cause or has caused "bodily injury" or physical injury to tangible property. When "product tampering" is known, suspected or threatened, a "product withdrawal" will not be limited to those batches of "your product" which are known or suspected to have been tampered with. c. "Product withdrawal" means the recall or withdrawal of "your products", or products which contain "your products", from the market or from use, by any other person or organization, because of a known or suspected "defect" in "your product", or a known or suspected "product tampering", which has caused or is reasonably expected to cause "bodily injury" or physical injury to tangible property. d. "Product withdrawal expenses" means those reasonable and necessary extra expenses, listed below paid and directly related to a "product withdrawal": (1) Costs of notification; (2) Costs of stationery, envelopes, production of announcements and postage or facsimiles; (3) Costs of overtime paid to your regular non -salaried employees and costs incurred by your employees, including costs of transportation and accommodations; (4) Costs of computer time; (5) Costs of hiring independent contractors and other temporary employees; (6) Costs of transportation, shipping or packaging; CGL 088 (10 13) Includes copyrighted material of the Insurance Services Office, Inc., with its permission. Page 6 of 16 Copyright 2013 FCCI Insurance Group COMMERCIAL GENERAL LIABILITY CGL 088 (10 13) (7) Costs of warehouse or storage space; or (8) Costs of proper disposal of "your products", or products that contain "your products", that cannot be reused, not exceeding your purchase price or your cost to produce the products; but "product withdrawal expenses" does not include costs of the replacement, repair or redesign of "your product", or the costs of regaining your market share, goodwill, revenue or profit. e. "Seller" means a person or organization that manufactures, sells or distributes goods or products. "Seller" does not include a "contractor" as defined elsewhere in this endorsement. The insurance under COVERAGE F does not apply if a loss is paid under COVERAGE G. COVERAGE G. CONTRACTORS ERRORS AND OMISSIONS 1. Insuring Agreement If you are a "contractor', we will pay those sums that you become legally obligated to pay as damages because of "property damage" to "your product", "your work" or "impaired property", due to faulty workmanship, material or design, or products including consequential loss, to which this insurance applies. The damages must have resulted from your negligent act, error or omission while acting in your business capacity as a contractor or subcontractor or from a defect in material or a product sold or installed by you while acting in this capacity. The amount we will pay for damages is described in SECTION III LIMITS OF INSURANCE. We have no duty to investigate or defend claims or "suits" covered by this Contractors Errors or Omissions coverage. This coverage applies only if the "property damage" occurs in the "coverage territory" during the policy period. This coverage does not apply to additional insureds, if any. Supplementary Payments — Coverage A and B do not apply to Coverage G. Contractors Errors and Omissions. 2. Exclusions This insurance does not apply to: a. "Bodily injury" or "personal and advertising injury". b. Liability or penalties arising from a delay or failure to complete a contract or project, or to complete a contract or project on time. c. Liability because of an error or omission: (1) In the preparation of estimates or job costs; (2) Where cost estimates are exceeded; (3) In the preparation of estimates of profit or return on capital; (4) In advising or failure to advise on financing of the work or project; or (5) In advising or failing to advise on any legal work, title checks, form of insurance or suretyship. CGL 088 (10 13) Includes copyrighted material of the Insurance Services Office, Inc., with its permission. Page 7 of 16 Copyright 2013 FCCI Insurance Group COMMERCIAL GENERAL LIABILITY CGL 088 (10 13) d. Any liability which arises out of any actual or alleged infringement of copyright or trademark or trade dress or patent, unfair competition or piracy, or theft or wrongful taking of concepts or intellectual property. e. Any liability for damages: (1) From the intentional dishonest, fraudulent, malicious or criminal acts of the Named Insured, or by any partner, member of a limited liability company, or executive officer, or at the direction of any of them; or (2) Which is in fact expected or intended by the insured, even if the injury or damage is of a different degree or type than actually expected or intended. f. Any liability arising out of manufacturer's warranties or guarantees whether express or implied. g. Any liability arising from "property damage" to property owned by, rented or leased to the insured. h. Any liability incurred or "property damage" which occurs, in whole or in part, before you have completed "your work." "Your work" will be deemed completed at the earliest of the following times: (1) When all of the work called for in your contract or work order has been completed; (2) When all the work to be done at the job site has been completed if your contract calls for work at more than one job site; or (3) When that part of the work done at a job site has been put to its intended use by any person or organization other than another contractor or subcontractor working on the same project. Work that may need service or maintenance, correction, repair or replacement, but which is otherwise complete, will be treated as complete. i. Any liability arising from "property damage" to products that are still in your physical possession. j. Any liability arising out of the rendering of or failure to render any professional services by you or on your behalf, but only with respect to either or both of the following operations: (1) Providing engineering, architectural or surveying services to others; and (2) Providing or hiring independent professionals to provide engineering, architectural or surveying services in connection with construction work you perform. Professional services include the preparing, approving or failing to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders, or drawings and specifications. Professional services also include supervisory or inspection activities performed as part of any related architectural or engineering activities. But, professional services do not include services within construction means, methods, techniques, sequences and procedures employed by you in connection with construction work you perform. k. Your loss of profit or expected profit and any liability arising therefrom. I. "Property damage" to property other than "your product," "your work" or "impaired property." m. Any liability arising from claims or "suits" where the right of action against the insured has been relinquished or waived. CGL 088 (1013) Includes copyrighted material of the Insurance Services Office, Inc., with its permission. Page 8 of 16 Copyright 2013 FCCI Insurance Group COMMERCIAL GENERAL LIABILITY CGL 088 (10 13) n. Any liability for "property damage' to "your work" if the damaged work or the work out of which the damage arises was performed on your behalf by a subcontractor. o. Any liability arising from the substitution of a material or product for one specified on blueprints, work orders, contracts or engineering specifications unless there has been written authorization, or unless the blueprints, work orders, contracts or engineering specifications were written by you, and you have authorized the changes. p. Liability of others assumed by the insured under any contractor agreement, whether oral or in writing. This exclusion does not apply to liability for damages that the insured would have in the absence of the contract or agreement. 3. For the purposes of Coverage G, the following definition is added to the Definitions section: a. "Contractor" means a person or organization engaged in activities of building, clearing, filing, excavating or improvement in the size, use or appearance of any structure or land. "Contractor' does not include a "seller" as defined elsewhere in this endorsement. 4. Deductible We will not pay for loss in any one "occurrence" until the amount of loss exceeds $250. The limits of insurance will not be reduced by the application of the deductible amount. We may pay any part or all of the deductible amount to effect settlement of any claim or "suit", and upon notification of the action taken, you shall promptly reimburse us for such part of the deductible amount as has been paid by us. 5. Cost Factor In the event of a covered loss, you shall, if requested by us, replace the damaged property or furnish the labor and materials necessary for repairs thereto at your actual cost, excluding profit or overhead charges. The insurance under COVERAGE G does not apply if a loss is paid under COVERAGE F. EXPANDED COVERAGE FOR TENANT'S PROPERTY AND PREMISES RENTED TO YOU The first paragraph after subparagraph (6) in Exclusion j., Damage to Property is amended to read as follows: Paragraphs (1), (3) and (4) of this exclusion do not apply to "property damage" (other than damage by fire) to premises, including the contents of such premises, rented to you. A separate limit of insurance applies to Damage To Premises Rented To You as described in Section III — Limits Of Insurance. SECTION I - COVERAGES, SUPPLEMENTARY PAYMENTS — COVERAGE A and B is amended as follows: All references to SUPPLEMENTARY PAYMENTS — COVERAGES A and B are amended to SUPPLEMENTARY PAYMENTS — COVERAGES A, B, D, E, and G. 1. Cost of Bail Bonds Paragraph 1.b. is replaced with the following: b. Up to $2,500 for cost of bail bonds required because of accidents or traffic law violations arising out of the use of any vehicle to which the Bodily Injury Liability Coverage applies. We do not have to furnish these bonds. CGL 088 (10 13) Includes copyrighted material of the Insurance Services Office, Inc., with its permission. Page 9 of 16 Copyright 2013 FCCI Insurance Group COMMERCIAL GENERAL LIABILITY CGL 088 (10 13) 2. Loss of Earnings Paragraph 1.d. is replaced with the following: d. All reasonable expenses incurred by the insured at our request to assist us in the investigation or defense of the claim or "suit", including actual loss of earnings up to $500 a day because of time off from work. SECTION II — WHO IS AN INSURED is amended as follows: 1. Incidental Malpractice Paragraph 2.a.(1)(d) is replaced with the following: (d) Arising out of his or her providing or failing to provide professional health care services. However, this exclusion does not apply to a nurse, emergency medical technician or paramedic employed by you to provide medical services, unless: (i) You are engaged in the occupation or business of providing or offering medical, surgical, dental, x-ray or nursing services, treatment, advice or instruction; or (ii) The "employee" has another insurance that would also cover claims arising under this provision, whether the other insurance is primary, excess, contingent or on any other basis. 2. Broadened Who Is An Insured The following are added to Paragraph 2.: Subsidiaries e. Your subsidiaries if: (1) They are legally incorporated entities; and (2) You own more than 60% of the voting stock in such subsidiaries as of the effective date of this policy. If such subsidiaries are not shown in the Declarations, you must report them to us within 180 days of the inception of your original policy. Additional Insureds f. Any person or organization described in paragraphs g. through k. below whom you are required to add as an additional insured on this policy under a written contract or agreement in effect during the term of this policy, provided the written contract or agreement was executed prior to the "bodily injury", "property damage" or "personal and advertising injury" for which the additional insured seeks coverage. However, the insurance afforded to such additional insured(s): (1) Only applies to the extent permitted by law; (2) Will not be broader than that which you are required by the contract or agreement to provide for such additional insured; (3) Will not be broader than that which is afforded to you under this policy; (4) Is subject to the conditions described in paragraphs g. through k. below; and CGL 088 (10 13) Includes copyrighted material of the Insurance Services Office, Inc., with its permission. Page 10 of 16 Copyright 2013 FCC[ Insurance Group COMMERCIAL GENERAL LIABILITY CGL 088 (10 13) (5) Nothing herein shall extend the term of this policy. g. Owner, Lessor or Manager of Premises If the additional insured is an owner, lessor or manager of premises, such person or organization shall be covered only with respect to liability arising out of the ownership, maintenance or use of that part of any premises leased to you and subject to the following additional exclusions: (1) Any "occurrence" that takes place after you cease to occupy those premises; or (2) Structural alterations, new construction or demolition operations performed by or on behalf of such person or organization. h. State or Governmental Agency or Subdivision or Political Subdivision —Permits or Authorizations If the additional insured is the state or any political subdivision, the state or political subdivision shall be covered only with respect to operations performed by you or on your behalf for which the state or political subdivision has issued a permit or authorization. This insurance does not apply to: (1) "Bodily injury", "property damage", or "personal and advertising injury" arising out of operations performed for the federal government, state or municipality; or (2) "Bodily injury" or "property damage" included within the "products -completed operations hazard". i. Lessor of Leased Equipment If the additional insured is a lessor of leased equipment, such lessor shall be covered only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by your maintenance, operation or use of equipment leased to you by such person(s) or organization(s). With respect to the insurance afforded to these additional insureds, this insurance does not apply to any "occurrence" which takes place after the equipment lease expires. j. Mortgagee, Assignee, or Receiver If the additional Insured is a mortgagee, assignee, or receiver of premises, such mortgagee, assignee or receiver of premises is an additional insured only with respect to their liability as mortgagee, assignee, or receiver and arising out of the ownership, maintenance, or use of the premises by you. This insurance does not apply to structural alterations, new construction and demolition operations performed by or for that person or organization. k, Vendor If the additional insured is a vendor, such vendor is an additional insured only with respect to "bodily injury" or "property damage" caused by "your products" which are distributed or sold in the regular course of the vendor's business, subject to the following additional exclusions: (1) The insurance afforded to the vendor does not apply to: (a) "Bodily injury" or "property damage" for which the vendor is obligated to pay damages by reason of the assumption of liability in a contract or agreement. This exclusion does not apply to liability for damages that the vendor would have in absence of the contract or agreement. (b) Any express warranty unauthorized by you; CGL 088 (1013) Includes copyrighted material of the Insurance Services Office, Inc., with its -permission. Page 11 of 16 Copyright 2013 FCCI Insurance Group COMMERCIAL GENERAL LIABILITY CGL 088 (10 13) (c) Any physical or chemical change in "your product" made intentionally by the vendor; (d) Repackaging, unless unpacked solely for the purpose of inspection, demonstration, testing, or the substitution of parts under instructions from the manufacturer, and then repackaged in the original container; (e) Any failure to make such inspections, adjustments, tests or servicing as the vendor has agreed to make or normally undertakes to make in the usual course of business, in connection with the distribution or sale of the products; (f) Demonstration, installation, servicing or repair operations, except such operations performed at the vendor's premises in connection with the sale of the product; (g) Products which, after distribution or sale by you, have been labeled or relabeled or used as a container, part or ingredient of any other thing or substance by or for the vendor; or (h) "Bodily injury" or "property damage" arising out of the sole negligence of the vendor for its own acts or omissions or those of its own acts or omissions or those of its employees or anyone else acting on its behalf. However, this exclusion does not apply to: i. The exceptions contained in Subparagraphs d. or f.; or ii. Such inspections, adjustments, tests or servicing as the vendor has agreed to make or normally undertakes to make in the usual course of business, in connection with the distribution or sale of the products. (2) This insurance does not apply to any insured person or organization, from whom you have acquired such products, or any ingredient, part or container, entering into, accompanying or containing such products. 3. Newly Formed or Acquired Organizations Paragraph 3. is amended as follows: a. Coverage under this provision is afforded until the end of the policy period. d. Coverage A does not apply to product recall expense arising out of any withdrawal or recall that occurred before you acquired or formed the organization. SECTION III — LIMITS OF INSURANCE is amended as follows: 1. Paragraph 2. is replaced with the following: 2. The General Aggregate Limit is the most we will pay for the sum of: a. Medical expenses under Coverage C; b. Damages under Coverage A, except damages because of "bodily injury" or "property damage" included in the "products -completed operations hazard"; c. Damages under Coverage B; d. Voluntary "property damage" payments under Coverage D; and e. Care, Custody or Control damages under Coverage E. CGL 088 (1013) Includes copyrighted material of the Insurance Services Office, Inc., with its permission. Page 12 of 16 Copyright 2013 FCCI Insurance Group COMMERCIAL GENERAL LIABILITY CGL 088 (10 13) 2. Paragraph 5. is replaced with the following: 5. Subject to Paragraph 2. or 3. above, whichever applies, the Each Occurrence Limit is the most we will pay for the sum of: a. Damages under Coverage A; b. Medical expenses under Coverage C; c. Voluntary "property damage" payments under Coverage D; d. Care, Custody or Control damages under Coverage E; e. Limited Product Withdrawal Expense under Coverage F; and f. Contractors Errors and Omissions under Coverage G. because of all "bodily injury' and "property damage" arising out of any one "occurrence". 3. Paragraph 6. is replaced with the following: 6. Subject to Paragraph 5. above the Damage To Premises Rented To You Limit is the most we will pay under Coverage A for damages because of "property damage" to any one premises, while rented to you, or in the case of damage by fire or explosion, while rented to you or temporarily occupied by you with permission of the owner. The Damage to Premises Rented to You Limit is the higher of the Each Occurrence Limit shown in the Declarations or the amount shown in the Declarations as Damage To Premises Rented To You Limit. 4. Paragraph 7. is replaced with the following: 7. Subject to Paragraph 5. above, the higher of $10,000 or the Medical Expense Limit shown in the Declarations is the most we will pay under Coverage C for all medical expenses because of "bodily injury" sustained by any one person. 5. Paragraph 8. is added as follows: 8. Subject to Paragraph 5. above, the most we will pay under Coverage D. Voluntary Property Damage for loss arising out of any one `occurrence" is $1,500, The most we will pay in any one -policy period, regardless of the number of claims made or suits brought, is $3,000. 6. Paragraph 9. Is added as follows: 9. Subject to Paragraph 5. above, the most we will pay under Coverage E. Care, Custody or Control for "property damage" arising out of any one "occurrence" is $1,000. The most we will pay in any one -policy period, regardless of the number of claims made or suits brought, is $5,000. 7. Paragraph 10. is added as follows: 10. Subject to Paragraph 5. above, the most we will pay under Coverage F. Limited Product Withdrawal Expense for "product withdrawal expenses" in any one -policy period, regardless of the number of insureds, "product withdrawals" initiated or number of "your products" withdrawn is $10,000. CGL 088 (10 13) Includes copyrighted material of the Insurance Services Office, Inc., with its permission. Page 13 of 16 Copyright 2013 FCCI Insurance Group COMMERCIAL GENERAL LIABILITY CGL 088 (10 13) 8. Paragraph 11. is added as follows: 11. Subject to Paragraph 5. above, the most we will pay under Coverage G. Contractors Errors and Omissions for damage in any one -policy period, regardless of the number of insureds, claims or "suits" brought, or persons or organizations making claim or bringing "suits" is $10,000. For errors in contract or job specifications or in recommendations of products or materials to be used, this policy will not pay for additional costs of products and materials to be used that would not have been incurred had the correct recommendations or specifications been made. 9. Paragraph 12. is added as follows: 12. The General Aggregate Limit applies separately to: a. Each of your projects away from premises owned by or rented to you; or b, Each 'location" owned by or rented to you. "Location" as used in this paragraph means premises involving the same or connecting lots, or premises whose connection is interrupted only by a street, roadway, waterway or right-of-way of a railroad. 10. Paragraph 13. is added as follows: 13. With respect to the insurance afforded to any additional insured provided coverage under this endorsement: If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance: a. Required by the contract or agreement; or b. Available under the applicable Limits of Insurance shown in the Declarations; whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. SECTION IV — COMMERCIAL GENERAL LIABILITY CONDITIONS is amended as follows: 1. Subparagraph 2.a. of Duties In The Event Of Occurrence, Offense, Claim, or Suit is replaced with the following: a. You must see to it that we are notified as soon as practicable of an 'occurrence" or an offense which may result in a claim. This requirement applies only when the 'occurrence" or offense is known to the following: (1) An individual who is the sole owner; (2) A partner, if you are a partnership or joint venture; (3) An "executive officer" or insurance manager, if you are a corporation; (4) A manager, if you are a limited liability company; CGL 088 (10 13) Includes copyrighted material of the Insurance Services Office, Inc., with its permission. Page 14 of 16 Copyright 2013 FCC[ Insurance Group COMMERCIAL GENERAL LIABILITY CGL 088 (10 13) (5) A person or organization having proper temporary custody of your property if you die; (6) The legal representative of you if you die; or (7) A person (other than an "employee") or an organization while acting as your real estate manager. To the extent possible, notice should include: (1) How, when and where the "occurrence" or offense took place; (2) The names and addresses of any injured persons and witnesses; and (3) The nature and location of any injury or damage arising out of the `occurrence" or offense. 2. The following is added to Subparagraph 2.b. of Duties In The Event Of Occurrence, Offense, Claim, or Suit: The requirement in 2.b.applies only when the "occurrence" or offense is known to the following: (1) An individual who is the sole owner; (2) A partner or insurance manager, if you are a partnership or joint venture; (3) An "executive officer" or insurance manager, if you are a corporation; (4) A manager or insurance manager, if you are a limited liability company; (5) Your officials, trustees, board members or insurance manager, if you are a not -for -profit organization; (6) A person or organization having proper temporary custody of your property if you die; (7) The legal representative of you if you die; or (8) A person (other than an "employee") or an organization while acting as your real estate manager. 3. The following is added to paragraph 2. of Duties in the Event of Occurrence, Offense, Claim or Suit: e. If you report an 'occurrence" to your workers compensation carrier that develops into a liability claim for which coverage is provided by the Coverage Form, failure to report such an "occurrence" to us at the time of the occurrence" shall not be deemed a violation of paragraphs a., b., and c. above. However, you shall give written notice of this "occurrence" to us as soon as you become aware that this "occurrence" may be a liability claim rather than a workers compensation claim. 4. Paragraph 6. is replaced with the following: 6. Representations By accepting this policy, you agree: a. The statements in the Declarations are accurate and complete; b. Those statements are based upon representations you made to us; and c. We have issued this policy in reliance upon your representations. CGL 088 (10 13) Includes copyrighted material of the Insurance Services Office, Inc., with its permission. Page 15 of 16 Copyright 2013 FCCI Insurance Group COMMERCIAL GENERAL LIABILITY CGL 088 (1013) Any error or omission in the description of, or failure to completely describe or disclose any premises, operations or products intended to be covered by the Coverage Form will not invalidate or affect coverage for those premises, operations or products, provided such error or omission or failure to completely describe or disclose premises, operations or products was not intentional. You must report such error or omission to us as soon as practicable after its discovery. However, this provision does not affect our right to collect additional premium charges or exercise our right of cancellation or nonrenewal. 5. The following is added to paragraph 8. Transfer Of Rights Of Recovery Against Others To Us: However, we waive any right of recovery we may have because of payments we make for injury or damage arising out of your ongoing operations or "your work" included in the "products -completed operations hazard" under the following conditions: a) Only when you have agreed in writing to waive such rights of recovery in a contract or agreement; b) Only as to the person/entity as to whom you are required by the contract to waive rights of recovery; and c) Only if the contract or agreement is in effect during the term of this policy, and was executed by you prior to the loss. 6. Paragraph 10. is added as follows: 10. Liberalization If we revise this Coverage Form to provide more coverage without additional premium charge, your policy will automatically provide the additional coverage as of the day the revision is effective in the applicable state(s). CGL 088 (10 13) Includes copyrighted material of the Insurance Services Office, Inc., with its permission. Page 16 of 16 Copyright 2013 FCC) Insurance Group COMMERCIAL GENERAL LIABILITY CGL 025 (11 08) THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSUREDS -- PRIMARY/NON-CONTRIBUTORY COVERAGE WHEN REQUIRED BY CONTRACT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE FORM The following is added to SECTION IV — Commercial General Liability Conditions, Paragraph 4, entitled "Other Insurance", subsection b. entitled "Excess Insurance", paragraph (1): This insurance is excess over: (v) Any other insurance naming an additional insured as an insured on a primary basis, excess, contingent or on any other basis unless a written contract specifically requires that this insurance be primary and noncontributing. The written contract must be currently in effect or become effective during the term of this policy and must be executed prior to the "bodily injury', "property damage" or "personal and advertising injury." CGL 025 (11 08) Includes copyrighted material of Insurance Services Office, with its permission. Page 1 of 1 Copyright 2008 FCCI Insurance Group. POLICY NUMBER: CA100005345 COMMERCIAL AUTOMOBILE CAU 042 (01 15) THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED DESIGNATED PERSON OR ORGANIZATION PRIMARY/NON-CONTRIBUTORY COVERAGE This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM This endorsement is subject to the terms, conditions, exclusions and any other provisions of the BUSINESS AUTO COVERAGE FORM or any endorsement attached thereto unless changes or additions are indicated below. For the purpose of this endorsement, Section II. A. 1. Who Is An Insured is amended by adding the following: 1. Any person or organization designated in the schedule below is an "insured" for Liability Coverage but only to the extent that person or organization qualifies as an "insured" under the Who Is An Insured Provision contained in Section 11 of the Coverage Form. 2. This insurance is primary and non-contributory to other coverages of the person or organization shown in the Schedule when so required in a written contract or agreement that is executed prior to the loss for which coverage is sought. CAU042 (01 15) Includes copyrighted material of the Insurance Services Office, Inc., with its permission. Page 1 of 1 Copyright 2013 FCCI Insurance Group. AUTO FIRST CHOICE COVERAGE ENDORSEMENT TABLE OF CONTENTS DESCRIPTION PAGE AirbagCoverage.......................................................................................................................................................3 AutoLoan/Lease Gap Coverage.............................................................................................................................. 3 BroadForm Insured..................................................................................................................................................1 Concealment, Misrepresentation or Fraud............................................................................................................... 4 Deductible................................................................................................................................................................. 3 Duties in the Event of Accident, Claim, Suit or Loss................................................................................................ 4 FellowEmployee......................................................................................................................................................2 Fire Department Service Charge..............................................................................................................................2 Other Insurance for Hired Auto Physical Damage Coverage...................................................................................4 Lossof Earnings.......................................................................................................................................................2 Lossof Use Expenses..............................................................................................................................................2 SupplementaryPayments........................................................................................................................................2 Transfer of Rights of Recovery against Others to Us...............................................................................................4 TransportationExpenses..........................................................................................................................................2 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. AUTO FIRST CHOICE COVERAGE ENDORSEMENT This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM NOTE: The following are additions, replacements and amendments to the Business Auto Coverage Form, and will apply unless excluded by separate endorsement(s) to the Business Auto Coverage Form. With respect to coverages provided by this endorsement, the provisions of the Business Auto Coverage Form apply unless modified by this endorsement. The Business Auto Coverage Form is amended as follows: SECTION II — COVERED AUTOS LIABILITY COVERAGE is amended as follows: A. Paragraph 1. Who Is An Insured in section A. Coverage is amended by the addition of the following: d. Any legally incorporated subsidiary of yours in which you own more than 50% of the voting stock on the effective date of this coverage form. However, "insured" does not include any subsidiary that is an "insured" under any other liability policy or would be an "insured" under such a policy but for its termination or the exhaustion of its limits of insurance. In order for such subsidiaries to be considered insured under this policy, you must notify us of such subsidiaries within 60 days of policy effective date. e. Any organization you newly acquire or form during the policy period, other than a partnership or joint venture, and over which you maintain sole ownership or a majority interest. However, coverage under this provision: (1) Does not apply if the organization you acquire or form is an "insured" under another liability policy or would be an "insured" under such a policy but for its termination or the exhaustion of its limits of insurance; (2) Does not apply to "bodily injury" or "property damage" that occurred before you acquired or formed the organization; and (3) Is afforded only for the first 90 days after you acquire or form the organization or until the end of the policy period, whichever comes first. f. Any person or organization who is required under a written contract or agreement between you and that person or organization, that is signed and executed by you before the "bodily injury" or "property damage" occurs and that is in effect during the policy period, to be named as an additional insured is an "insured" for Liability Coverage, but only for damages to which this insurance applies and only to the extent that person or organization qualifies as an "insured" under the Who Is An Insured provision contained in Section II. g. Any "employee" of yours using: (1) a covered "auto" you do not own, hire or borrow, or a covered "auto" not owned by an "employee" or a member of his or her household, while performing duties related to the conduct of your business or your personal affairs; or (2) an "auto" hired or rented under a contract or agreement in that "employee's" name, with your permission, while performing duties related to the conduct of your business. However, your "employee" does not qualify as an insured under this paragraph (2) while using a covered "auto" rented from you or from any member of the "employee's" household CAU 058 (01 15) Includes copyrighted material of the Insurance Services Office, Inc., with its permission. Page 1 of 4 Copyright 2015 FCCI Insurance Group. COMMERCIAL AUTO CAU 058 (01 15) h. Your members, if you area limited liability company, while using a covered "auto" you do not own, hire or borrow, while performing duties related to the conduct of your business or your personal affairs. B. Paragraphs (2) and (4) under section 2. Coverage Extensions, a. Supplementary Payments are deleted and replaced by the following: (2) Up to $3,000 for cost of bail bonds (including bonds for related traffic violations) required because of an "accident" we cover. We do not have to furnish these bonds. (4) All reasonable expenses incurred by the "insured" solely at our request, including actual loss of earnings up to $500 a day because of time off from work. C. Paragraph 5. under section B. Exclusions is deleted and replaced by the following: 5. Fellow Employee "Bodily injury" to: a. Any fellow "employee" of the "insured" arising out of and in the course of a fellow "employee's" employment or while performing duties related to the conduct of your business. However, this exclusion does not apply to your "employees" that are officers or managers if the "bodily injury" results from the use of a covered "auto" you own, hire or borrow. Coverage is excess over any other collectible insurance; or b. The spouse, child, parent, brother or sister of that fellow "employee" as a consequence of Paragraph a. above. SECTION III — PHYSICAL DAMAGE COVERAGE is amended as follows: A. Paragraph 4. Coverage Extensions under section A. Coverage is deleted and replaced by the following: 4. Coverage Extensions a. Transportation Expenses We will pay up to $75 per day to a total maximum of $2,000 for temporary transportation expense incurred by you due to covered loss to any covered auto. We will pay only for those covered "autos" for which you carry either Comprehensive or Specified Causes Of Loss Coverage. We will pay for temporary transportation expenses incurred during the period beginning 24 hours after a loss and ending, regardless of the policy's expiration, when the covered "auto" is returned to use or we pay for its "loss". b. Loss of Use Expenses For Hired Auto Physical Damage, we will pay expenses for which an "insured" becomes legally responsible to pay for loss of use of a vehicle rented or hired without a driver under a written rental contract or agreement. We will pay for loss of use expenses if caused by: (1) Other than collision only if the Declarations indicate that Comprehensive Coverage is provided for hired "autos"; (2) Specified Causes of Loss only if the Declarations indicate that Specified Causes of Loss Coverage is provided for hired "autos'; or (3) Collision only if the Declarations indicate that Collision Coverage is provided for hired "autos". However, the most we will pay for any expenses for loss of use to any one vehicle is $75 per day, to a total maximum of $2,000. B. The following is added to paragraph 4. Coverage Extensions under section A. Coverage: c. Fire Department Service Charge When a fire department is called to save or protect a covered "auto", its equipment, its contents, or occupants from a covered cause of loss, we will pay up to $1,000 for your liability for fire department service charges assumed by contractor or agreement prior to loss. No deductible applies to this additional coverage. CAU 058 (01 15) Includes copyrighted material of the Insurance Services Office, Inc., with its permission. Page 2 of 4 Copyright 2015 FCCI Insurance Group. COMMERCIAL AUTO CAU 058 (01 15) d. Auto Loan/Lease Gap Coverage The following provisions apply: (1) If a long term leased "auto", under an original lease agreement, is a covered "auto" under this coverage form and the lessor of the covered "auto" is named as an additional insured under this policy, in the event of a total loss to the leased covered "auto", we will pay any unpaid amount due on the lease, less the amount paid under the Physical Damage Coverage Section of the policy; and less any: (a) Overdue lease or loan payments including penalties, interest, or other charges resulting from overdue payments at the time of the "loss"; (b) Financial penalties imposed under a lease for excessive use, abnormal wear and tear or high mileage; (c) Security deposits not refunded by the lessor; (d) Costs for extended warranties, Credit Life Insurance, Health Accident or Disability Insurance purchased with the loan or lease; and (e) Carry-over balances from previous loans or leases. (2) If an owned "auto" is a covered "auto" under this coverage form and the loss payee of the covered "auto" is named a loss payee under this policy, in the event of a total loss to the covered "auto", we will pay any unpaid amount due on the loan, less the amount paid under the Physical Damage Coverage Section of the policy; and less any; (a) Overdue loan payments at the time of the 'loss'; (b) Costs for extended warranties, Credit Life Insurance, Health Accident or Disability Insurance purchased with the loan; and (c) Carry-over balances from previous loans. C. Paragraph 3. under section B. Exclusions is deleted and replaced by the following: 3. We will not pay for "loss" due and confirmed to: a. Wear and tear, freezing, mechanical or electrical breakdown b. Blowouts, punctures or other road damage to tires This exclusion does not apply to such 'loss" resulting from the total theft of a covered "auto". However, this exclusion does not include the discharge of an airbag in a covered "auto" you own that inflates due to a cause other than a cause of `loss" set forth in Paragraphs A.1.b and A.1.c.but only: a. If that "auto" is a covered "auto" for Comprehensive Coverage under this policy; b. The airbags are not covered under any warranty; and c. The airbags were not intentionally inflated We will pay up to a maximum of $1,000 for any one "loss". D. Section D. Deductible is deleted and replaced by the following: D. Deductible For each covered "auto", our obligation to pay for, repair, return or replace damaged or stolen property will be reduced by the applicable deductible shown in the Declarations subject to the following: Any Comprehensive Coverage deductible shown in the Declarations does not apply to: (1) "Loss" caused by fire or lightning; and (2) "Loss" arising out of theft of your vehicle if your vehicle is equipped with an active GPS tracking system. CAU 058 (01 15) Includes copyrighted material of the Insurance Services Office, Inc., with its permission. Page 3 of 4 Copyright 2015 FCCI Insurance Group. COMMERCIAL AUTO CAU 058 (01 15) (3) Glass damage to the side or rear windows if the glass is repaired rather than replaced. However, no deductible shall apply to damage to the windshield of any covered "auto" or to safety glass. SECTION IV — BUSINESS AUTO CONDITIONS is amended as follows: A. The following is added to paragraph a. under section A. Loss Conditions, 2. Duties in the Event of Accident, Claim, Suit or Loss: This duty applies when the "accident", claim, "suit" or "loss" is first known to: (a) You, if you are an individual; (b) A partner, if you are a partnership; (c) An executive officer or insurance manager, if you are a corporation; or (d) A member or manager, if you are a limited liability company. B. Condition 5. Transfer of Rights of Recovery against Others to Us under section A. Loss Conditions is deleted and replaced by the following: 5. Transfer of Rights of Recovery against Others to Us If a person or organization to or for whom we make payment under this coverage form has rights to recover damages from another, those rights are transferred to us. That person or organization must do everything necessary to secure our rights and must do nothing after "accident" or "loss" to impair them. However, if the insured has waived rights to recover through a written contract, or if your work was commenced under a letter of intent or work order, subject to a subsequent reduction in writing of such a waiver with customers whose customary contracts require a waiver, we waive any right of recovery we may have under this coverage form. C. The following is added to Condition 2. Concealment, Misrepresentation or Fraud under section B. General Conditions: However, if you unintentionally fail to disclose any hazards at the inception of your policy, we will not deny coverage under this coverage form because of such failure. This provision does not affect our right to collect additional premium or exercise our right of cancellation or non -renewal. D. Paragraph b. of Condition 5. Other Insurance under section B. General Conditions is deleted and replaced by the following: b. For Hired Auto Physical Damage Coverage, the following are deemed to be covered "autos" you own; (1) Any covered "auto" you lease, hire, rent or borrow; and (2) Any covered "auto" hired or rented by your "employee" under a contract in that individual "employee's" name, with your permission, while performing duties related to the conduct of your business. However, any "auto" that is leased, hired, rented or borrowed with a driver is not a covered "auto", nor is any "auto" you hire from any of your "employees", partners (if you are a partnership), members (if you are a limited liability company), or members of their households. CAU 058 (01 15) Includes copyrighted material of the Insurance Services Office, Inc., with its permission. Page 4 of 4 Copyright 2015 FCCI Insurance Group. Tpexasmutuar Insurance Company WORKERS' COMPENSATION AND WC 42 03 04 B EMPLOYERS LIABILITY POLICY Agent Copy TEXAS WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT This endorsement applies only to the insurance provided by the policy because Texas is shown in Item 3.A. of the Information Page. We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule, but this waiver applies only with respect to bodily injury arising out of the operations described in the Schedule where you are required by a written contract to obtain this waiver from us. This endorsement shall not operate directly or indirectly to benefit anyone not named in the Schedule. The premium for this endorsement is shown in the Schedule. Schedule 1. ( ) Specific Waiver Name of person or organization ( X ) Blanket Waiver Any person or organization for whom the Named Insured has agreed by written contract to furnish this waiver. 2. Operations: ALL TEXAS OPERATIONS 3. Premium: The premium charge for this endorsement shall be 2.00 percent of the premium developed on payroll in connection with work performed for the above person(s) or organization(s) arising out of the operations described. 4. Advance Premium: INCLUDED, SEE INFORMATION PAGE. This endorsement changes the policy to which it is attached effective on the inception date of the policy unless a different date is indicated below. (The following "attaching clause" need be completed only when this endorsement is issued subsequent to preparation of the policy.) This endorsement, effective on 09105/2016 at 12:01 a.m. standard time, forms a part of: Policy No. 0001204282 of Texas Mutual Insurance Company effective on 09/05/2016 Issued to: UTILITY CONTRACTORS OF AMERICA INC Premium: $8,958.00 NCCI Carrier Code: 29939 PO Box 12058, Austin, TX 78711-2058 1 of 1 (800) 859-5995 1 Fax (800) 359-0650 1 texasmutual.com Authorized Representative 09/01/2016 WC420304B CERTIFICATE OF INSURANCE TO: CITY OF LUBBOCK DATE: P.O. BOX 2000, Room 204 LUBBOCK, TX 79457 TYPE OF PROJECT: THIS IS TO CERTIFY THAT (Name and Address of Insured) is, at the date of this certificate, insured by this Company with respect to the business operations hereinafter described, for the typed of insurance and in accordance with the provisions of the standard policies used by this company, the further hereinafter described. Exceptions to standard policy noted hereon. TYPE OF INSURANCE POLICY NUMBER EFFECTIVE EFFECTIVE LIMITS DATE DATE GEAIERAL LIABILITY Commercial General Liability General Aggregate S Claims Made Products-Comp/Op AGG $ Occurrence Personal & Adv. Injury S Owner's & Contractors Protective Each Occurrence $ ❑ Fire Damage (Any one Fire) S Med Exp (Any one Person) $ AUTO11OTIVE LIABILITY Any Auto Combined Single Limit S All Owned Autos Bodily Injury (Per Person) S Scheduled Autos Bodily Injury (Per Accident) S Hired Autos Property Damage S Non -Owned Autos GARAGE LIABILITY Any Auto Auto Only - Each Accident S Other than Auto Only: Each Accident S Aggregate S B UILDER 'S RISK _ 100% of the Total Contract Price $ INSTALLATION FLOATER $ EXCESS LIABILITY Umbrella Form Each Occurrence S Aggregate S Other Than Umbrella Form S WORKERS COMPENSATIOAj AND EbIPLOY'ERS' LIABILITY The Proprietor) Included Statutory Limits Partners/Executive _ Excluded Each Accident S Officers are: Disease Policy Limit S Disease -Each Employee S OTHER The above policies either in the body thereof or by appropriate endorsement provide that they may not be changed or canceled by the insurer in less than the legal time required after the insured has received written notice of such change or cancellation, or in case there is no legal requirement, in less than five days in advance of cancellation. FIVE COPIES OF THE CERTIFICATE OF INSURANCE (Name of Insurer) MUST BE SENT TO THE CITY OF LUBBOCK Title: The Insurance Certificates Furnished shall name the City of Lubbock as Additional Insured on Auto General Liability and provide a Waiver of Subrogation in favor of the City of Lubbock. IT SHALL BE THE: CONTItAC TOWS. 'I'llE ADDI'lIONA14 INSURED ENDORSENIENT SIL LL, INCIAJDE PRODUCTS AND COMPLETE OPERATIONS. CONTRACTORCHECKLIST A CONTRACTOR SHALL: (1) provide coverage for its employees providing services on a project, for the duration of the project based on proper reporting of classification codes and payroll amounts and filling of any coverage agreements; (2) provide a certificate of coverage showing workers' compensation coverage to the governmental entity 1 prior to beginning work on the project; (3) provide the goverrnnental entity, prior to the end of the coverage period, a new certificate of coverage showing extension of coverage, if the coverage period shown on the contractor's current certificate of coverage ends during the duration of the project; ' (4) obtain from each person providing services on a project, and provide to the governmental entity: (A) a certificate of coverage, prior to that person beginning work on the project, so the governmental entity will have on file certificates of coverage showing coverage for all persons providing services on the project; and (B) no later than seven days after receipt by the contractor, a new certificate of coverage showing j extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (5) retain all required certificates of coverage on file for the duration of the project and for one year thereafter; (6) notify the governmental entity in writing by certified mail or personal delivery, within ten (10) days after the contractor knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project; (7) post a notice on each project site informing all persons providing services on the project that they are —° required to be covered, and stating how a person may verify current coverage and report failure to provide coverage. This notice does not satisfy other posting requirements imposed by the Act or other commission rules. This notice must be printed in at least 19-point normal type, and shall be in both a 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 conunission on the sample notice, without any additional words or changes: PROOF OF COVERAGE SHALL BE FURNISHED TO THE CITY OF LUBBOCK IN THE FORM OF A CERTIFICATE OF INSURANCE. THE INSURANCE CERTIFICATES FURNISHED SHALL NAME THE CITY OF LUBBOCK AS ADDITIONAL INSURED ON AUTO/GENERAL LIABILITY ON A PRIMARY AND NON-CONTRIBUTORY BASIS TO INCLUDE PRODUCTS OF COMPLETE OPERATIONS. PROVIDE A WAIVER OF SUBROGATION IN FAVOR OF THE CITY OF LUBBOCK. IT SHALL BE THE CONTRACTOR'S RESPONSIBILITY TO PROVIDE TO THE OWNER ALL PROOF OF COVERAGE INSURANCE DOCUMENTS INCLUDING WORKERS COMPENSATION COVERAGE FOR EACH SUBCONTRACTOR. COPIES OF THE ENDORSEMENTS ARE REQUIRED. REQUIRED WORKERS' COMPENSATION COVERAGE "The law requires that each person working on this site or providing services related to this construction project must be covered by workers' compensation insurance. This includes persons providing, hauling, or delivering equipment and materials, or providing labor or transportation or other service related to the project, regardless of the identity of their employer or status as an employee." "Call the Texas Workers' Compensation Commission at 512-305-7238 to receive information on the legal 3 _ requirement for coverage, to verify whether your employer has provided the required coverage, or to report an employer's failure to provide coverage." and contractually require each person with whom it contracts to provide services on a project, to: (A) provide coverage based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements for all of its employees providing services on the project, for the duration of the project; (B) provide a certificate of coverage to the contractor prior to that person beginning work on the project; (C) provide the contractor, prior to the end of the coverage period, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (D) obtain from each other person with whom it contracts, and provide to the contractor: (i) a certificate of coverage, prior to the other person beginning work on the project; and (ii) prior to the end of the coverage period, a new certificate of coverage showing extension of the coverage period, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (E) retain all required certificates of coverage on file for the duration of the project and for one year thereafter; (F) notify the governmental entity in writing by certified mail or personal delivery, within (ten) 10 days after the person knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project; and (G) contractually require each other person with whom it contracts, to perform as required by paragraphs (A) - (H), with the certificate of coverage to be provided to the person for whom they are providing services. Patle Intentionally Left Blank CONTRACT Pate Intentionally Left Blank Contract 13012 STATE OF TEXAS COUNTY OF LUBBOCK THIS AGREEMENT, made and entered into this 27th day of April, 2017 by and between the City of Lubbock, County of Lubbock, State of Texas, acting by and through the Mayor, City of Lubbock, thereunto authorized to do so, hereinafter referred to as OWNER, and Utility Contractors of America, Inc. of the City of Lubbock, County of Lubbock and the State of Texas hereinafter termed CONTRACTOR. WITNESSETH: That for and in consideration of the payments and agreements hereinafter mentioned, to be made and performed by the OWNER and under the conditions expressed in the bond bearing even date herewith (if any) the CONTRACTOR hereby agrees with OWNER to commence and complete the construction of certain improvements described as follows: _RFP 17-13012-TF Lift Station 41 Replacement and all extra work in connection therewith, under the terns as stated in the contract documents and at his (or their) own proper cost and expense to furnish all materials, supplies, machinery, equipment, tools, superintendence, labor, insurance and other accessories and services necessary to complete the said construction in accordance with the contract documents as defined in the General Condition of Agreement. Utility Contractors of America, Inc.'s proposal dated March 23, 2017 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 perfornance of the contract in accordance with the proposal submitted therefore, subject to additions and deductions, as provided in the contract documents and to i-: 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: CITY OF LUBBOC TEXAS (OWNER): Utility Cont a ors of America, Inc. By: Daniel M. Pope, Mayor By: ATTEST: PRIN ED E: TITLE: a Rebe ca Garza, City Secre ry COMPLETE ADDRESS: APPROVED AS TO CONTENT: Utility Contractors of America, Inc. 5805 CR 7700 T , P.E., hief Water Utilities Engineer " Lubbock, TX 79424 ATTEST: o r lin, P.E. Director of Public Works APP" ED A TO FORM: ( Cbf'poiak Secretary Kell Leisu , Assistant City Attorney Page Intentionally Left Blank CONFLICT OF INTEREST QUESTIONNAIRE CHAPTER 176 g G CONFLICT OF INTEREST QUESTIONNAIRE CHAPTER 176 FOR VENDOR DOING BUSINESS WITH LOCAL GOVERNMENTAL ENTITY - This questionnaire reflects changes made to law by H.B. 23, 84`' Leg., Regular Session Businesses and individuals doing business with the City need to file conflict of interest questionnaires with the Office of the City Secretary's Office. Local government officers are also required to file when a conflict exists. The questionnaire is to be filed in accordance with Chapter 176, Local Government Code, by a vendor who has i a business relationship as defined by Section 176.001 (1-a) with a local governmental entity and the vendor meets the requirements under Section 176.006(a). By law this questionnaire must be filed with the City Secretary's Office of the local governmental entity no later than the 71h business day after the date the vendor becomes aware of the facts that require the statement to be filled. Chapter 176 of the Local Government Code requires the City Manager and Council Members to file a Conflicts Disclosure Statement regarding their relationships with City vendors (including bidders and potential vendors). The law also requires that any vendor who contracts, or seeks to contract, with the City for the sale or purchase of property, goods or services (including a bidder on a City contract) file a "Conflict of Interest Questionnaire" regarding the vendor's business relationships, if any, with Council Members or the City Manager. Compliance is the responsibility of each individual, business or agent who is subject to the law's filing requirement. Questions about compliance should be directed to your legal counsel. Office of the City Secretary 1625 13th Street, Room 206 Lubbock, TX 79401 Questionnaire is available at http://-,vww.cl.lubbock.tx.us/departmentalwebsites/ departments/purchasing/vendor-infoi-imation CHAPTER 46. DISCLOSURE OF INTERESTED PARTIES Texas Government Code 2252.908 Disclosure of Interested Parties Form 1295 House Bill 1295, adopted by the 84th Legislature, created §2252.908, Texas Government Code. Section 2252.908 requires a business entity entering into certain contracts with a governmental entity or state agency to file with the govermnental entity or state agency a disclosure of interested parties at the time the business entity submits the signed contract to the governmental entity or state agency. §2252.908, Texas Government Code requires the commission to adopt rules necessary to implement the new disclosure requirement and to prescribe the disclosure form. Section 2252.908 requires the disclosure form to be signed by the authorized agent of the contracting business entity, acknowledging that the disclosure is made under oath and under penalty of perjury. Section 2252.908 applies only to a contract that requires an action or vote by the governing body of the governmental entity or state agency before the contract may be signed or has a value of at least $1 million. Section 2252.908 provides definitions of certain terms occurring in the section. House Bill 1295 provides that §2252.908 applies only to a contract entered into on or after January 1, 2016. An interested party is defined as a person who has a controlling interest in a business entity with whom a governmental entity or state agency contracts or who actively participates in facilitating the contract or negotiating the terms of the contract, including a broker, intermediary, adviser, or attorney for the business entity. Contractors are required to acquire Form 1295 via the Texas Ethics Commission website. This requires registration, generation of Form 1295 with a unique Certificate Number & filing date, printing the form, notarizing and returning the form to City of Lubbock Purchasing & Contract Management Department. Once the form is received by the Purchasing and Contract Management Department, the Buyer associated with the project will log -in to the Texas Ethics Commission portal and acknowledge receipt of the form not later than the 30th day after the date the contract for which the form was filed binds all parties to the contract. This will complete the form for the contract with which the form is associated. The completed form will be made available via the Texas Ethics Commission website. Form 1295 can be generated via the Texas Ethics Commission web portal. The website and detailed instructions are located at: https://xvww.ethics.state.tx.us/whatsnew/elf info f6rm1295.1itm GENERAL CONDITIONS OF THE AGREEMENT Page Intentionally Left Blank ,- GENERAL CONDITIONS OF THE AGREEMENT i 1. OWNER Whenever the word Owner, or First Party, are used in this contract, it shall be understood as referring to the City of Lubbock, Texas. 2. CONTRACTOR 1- Whenever the word Contractor, or Second Party, is used, it shall be understood to mean the person, persons, co- partnership or corporation, to wit Utility Contractors of America, Inc., who has agreed to perform the work embraced in this contract, or their legal representative. 3. OWNER'S REPRESENTATIVE Whenever the word Owner's Representative or representative is used in this contract, it shall be understood as referring to, City of Lubbock, or its representative, John Turpin, P.E, Chief Water Utilities Engineer, so designated who will inspect constructions; or to such other representatives, supervisors, architects, engineers, or Resident Project Representatives as may be authorized by said Owner to act in any particular way under this agreement. Engineers, supervisors or Resident Project Representatives will act for the Owner under the direction of Owner's Representative, but shall not directly supervise the Contractor or persons acting on behalf of the Contractor. 4. CONTRACT DOCUMENTS The contract's documents shall consist of the Notice to Offerors, General Instructions to Offerors, Proposal, Signed Agreement, Statutory Bonds (if required), General Conditions of the Agreement, Special Conditions of the Agreement (if any), Specifications, Plans, Insurance Certificates, and all other documents made available to Offeror for inspection in accordance with the Notice to Offerors. The above described materials are sometimes referred to herein as the "contract" or "contract documents". 5. INTERPRETATION OF PHRASES r 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, pennission, order, 5 y 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. i. 6. SUBCONTRACTOR The tern Subcontractor, as employed herein, includes only those having a direct contract with the Contractor for 1 performance of work on the project contemplated by these contract documents. Owner shall have no responsibility to any Subcontractor employed by Contractor for performance of work on the project contemplated by these contract documents, but said Subcontractors will look exclusively to Contractor for any payments due Subcontractor. The City reserves the right to approve or disapprove the selection of any subcontractor(s). 7. WRITTEN NOTICE Written notice shall be deemed to have been duly served if delivered in person to the individual or to a member of the firm or to an officer of the corporation for whom it is intended, or if delivered at or sent certified mail to the last business address known to the party who gives the notice. CONTRACTOR'S RESPONSIBILITIES Unless otherwise stipulated, the Contractor shall provide and pay for all materials, supplies, machinery, equipment, tools, superintendence, labor, insurance, and all water, light, power, fuel, transportation and all other facilities necessary for the execution and completion of the work covered by the contract documents. Unless otherwise specified, all materials shall be new and both workmanship and materials shall be of a good quality. s' 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. 9 All work shall be done and all materials furnished in strict conformity with the contract documents. 9. 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. The pipeline must be backfilled, tested, final grading and seeding perfonned for substantial completion. 10. LAYOUT Except as specifically provided herein, the Contractor shall be responsible for laying out all work and shall accomplish this work in a manner acceptable to the Owner's Representative. The Owner's Representative will check the Contractor's layout of all major structures and any other layout work done by the Contractor at Contractor's request, but this check does not relieve the Contractor of the responsibility of correctly locating all work in accordance with the Plans and Specifications. 11. KEEPING OF PLANS AND SPECIFICATIONS ACCESSIBLE The Contractor shall be furnished ten copies of all Plans and Specifications without expense to Contractor and Contractor shall keep one copy of same consistently accessible on the job site. 1 12. RIGHT OF ENTRY The Owner's Representative may make periodic visits to the site to observe the progress or quality of the executed work and to determine, in general, if the work is proceeding in accordance with the contract documents. Owner's Representative will not be required to make exhaustive or continuous onsite inspections to check the quality or quantity of the work, nor will Owner's Representative be responsible for the construction means, methods, techniques, sequences or procedures, or the safety precautions incident thereto. Notwithstanding the Owner's Representative's rights of entry hereunder, the Owner's Representative will not be responsible for the Contractor's failure to perfonn the work in accordance with the Contract Documents. 13. LINES AND GRADES The Contractor is responsible for construction layout based on the control provided in the construction t j documents. All lines and grades shall be furnished whenever Owner's Representative (as distinguished from Resident Project Representative(s)) deems said lines and grades are necessary for the commencement of the work j contemplated by these contract documents or the completion of the work contemplated by these contract__a documents. Whenever necessary, Contractor shall suspend its work in order to permit Owner's Representative to comply with this requirement, but such suspension will be as brief as practical and Contractor shall be allowed no extra compensation therefore. The Contractor shall give the Owner's Representative ample notice of the time and place where lines and grades will be needed. All stakes, marks, etc., shall be carefully preserved by the Contractor, and in case of careless destruction or removal by Contractor, its Subcontractors, or its employees, , such stakes, marks, etc., shall be replaced by the Owner's Representative at Contractor's expense. �. t 14 15 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 (as distinguished from Resident Project Representative(s))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, detennine 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 distinguished from Resident Project Representative, as the said Owner's Representative may deem proper to inspect the materials furnished and the work done under this Agreement, and to see that said material is furnished and said work is done in accordance with the specifications therefore. The Contractor shall furnish all reasonable aid and assistance required by the subordinate engineers, supervisors or inspectors for the proper inspection and examination of the work. The Contractor shall regard and obey the directions and instructions of any subordinate engineers, supervisors or inspectors so appointed, when such directions and instructions are consistent with the obligations of this Agreement and accompanying plans and specifications provided, however, should the Contractor object to any orders by any subordinate engineer, supervisor or inspector, the Contractor may within fifteen (15) calendar days make written appeal to the Owner's Representative for its decision. In the absence of timely written objection by Contractor, as provided herein, any and all objection or objections shall be deemed waived. 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 officer, agent; or employee of the Owner, or Owner's Representative either before or after the execution of this contract, shall affect or modify any of the terms or obligations herein contained. Subject to the rights of Owner as set forth in Paragraph 23 hereof, all modifications and/or amendments to the contract documents, shall be in writing, and executed by Owner's Representative and Contractor. 1 K E 20. 21 Unless otherwise specified herein, all loss, expense or damage to Contractor arising out of the nature of the work to be done, or from the action of the elements, or from any unforeseen circumstance and the prosecution of the work, shall be sustained and borne by the Contractor at its own cost and expense. CHARACTER OF WORKERS The Contractor agrees to employ only orderly and competent workers, skillful in the perfonnance 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 roan 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. CONSTRUCTION PLANT The Contractor shall provide all labor, tools, equipment, machinery and materials necessary in the prosecution and completion of this contract where it is not otherwise specifically provided that Owner shall furnish same, and it is also understood that Owner shall not be held responsible for the care, preservation, conservation, or protection of any materials, tools, equipment or machinery or any part of the work until it is finally completed and accepted. The building of structures for the housing of men or equipment will be permitted only at such places as the Owner's Representative shall consent or direct, and the sanitary conditions of the grounds in or about such structure shall at all times be maintained in a manner satisfactory to the Owner's Representative. SANITATION Necessary sanitary conveniences for the use of laborers on the work site, properly secluded from public observation, shall be constructed and maintained by the Contractor in such manner and at such points as shall be approved by the Owner's Representative and their use shall be strictly enforced. OBSERVATION AND TESTING The Contractor is responsible for construction quality control testing, cost, and reporting of the type and extent required by the contract documents. The Owner or Owner's Representative shall have the right at all times to observe and test the work. Contractor shall make necessary arrangements and provide proper facilities and access for such observation and testing at any location wherever such work is in preparation or progress. Contractor shall ascertain the scope of any observation that may be contemplated by Owner or Owner's Representative and shall give ample notice as to the time each part of the work will be ready for such observation. Owner or Owner's Representative may reject any such work found to be defective or not in accordance with the contract documents, regardless of the stage of its completion or the time or place of discovery of such errors and regardless of whether Owner's Representative has previously accepted the work. If any such work should be covered without approval or consent of the Owner, it must, if requested by Owner or Owner's Representative, be uncovered for examination at Contractor's expense. In the event that any part of the work is being fabricated or manufactured at a location where it is not convenient for Owner or Owner's Representative to make observations of such work or require testing of said work, then in such event Owner or Owner's Representative may require Contractor to furnish Owner or Owner's Representative certificates of inspection, testing or approval made by persons competent to perform such tasks at the location where that part of the work is being manufactured or fabricated. All such tests will be in accordance with the methods prescribed by the American Society for Testing and Materials or such other applicable organization as may be required by law or the contract documents. If any such work which is required to be inspected, tested, or approved is covered up without written approval or 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 a approvals shall be borne by the Contractor unless otherwise provided herein. Any work which fails to meet the I _. requirements of any such tests, inspections or approvals, and any work which meets the requirements of any such tests or approvals but does not meet the requirements of the contract documents shall be considered defective, and shall be corrected at the Contractor's expense. Neither observations by the Owner or Owner's Representative, nor inspections, tests, or approvals made by Owner, Owner's Representative, or other persons authorized under the contract documents to make such inspections, tests, or approvals shall relieve the Contractor from its obligation to perform the work in accordance with the requirements of the contract documents. 22. DEFECTS AND THEIR REMEDIES It is expressly agreed that if the work or any part thereof, or any material brought on the site of the work for use in the work or selected for the same, shall be deemed by the Owner or Owner's Representative as unsuitable or not in conformity with plans, specifications and/or contract documents, the Contractor shall, after receipt of written notice thereof from the Owner's Representative, forthwith remove such material and rebuild or otherwise remedy such work so that it shall be in full accordance with the contract documents. It is further agreed that any remedial action contemplated as hereinabove set forth shall be at Contractor's expense. 23. CHANGES AND ALTERATIONS The Contractor further agrees that the Owner may make such changes and alterations as the Owner may see fit, in the line, grade, form dimensions, plans or materials for the work herein contemplated, or any part thereof, either before or after the beginning of the construction, without affecting the validity of this contract and the accompanying bond. If such changes or alterations diminish the quantity of the work to be done, they shall not constitute the basis for a r 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 tern "extra work" as used in this contract shall be understood to mean and include all work that may be required by the Owner or Owner's Representative to be done by the Contractor to accomplish any change, alteration or addition to the work as shown on the plans and specifications or contract documents and not covered by Contractor's proposal, except as provided under Changes and Alterations in Paragraph 23. It is agreed that the Contractor shall perform all extra work under the observation of the Owner's Representative when presented with a written work order signed by the Owner's Representative; subject, however, to the right of the Contractor to require written confinnation of such extra work order by the Owner. It is also agreed that the compensation to be paid to the Contractor for performing said extra work shall be determined by the following methods: Method (A) - By agreed unit prices; or Method (B) - By agreed lump sum; or Method (C) - If neither Method (A) or Method (B) be agreed upon before the extra work is commenced, then the Contractor shall be paid the lesser of the following: (1) actual field cost of the extra work, plus fifteen (15%) percent to the firm actually performing the work, and additional higher -tier markups limited to 5% to cover additional overhead and _; insurance costs; or (2) the amount that would have been charged by a reasonable and prudent Contractor as a reasonable and necessary cost for performance of the extra work, as estimated by the Engineer and approved by the Owner.. '$ In the event said extra work be performed and paid for under Method (C)(1), then the provisions of this paragraph shall apply and the "actual field cost" is hereby defined to include the cost of all workmen, such as foremen, timekeepers, mechanics and laborers, materials, supplies, teams, trucks, rentals on machinery and equipment, for the time actually employed or used on such extra work, plus actual transportation charges necessarily incurred, together with all expenses incurred directly on account of such extra work, including Social Security, Old Age Benefits, Maintenance Bonds, Public Liability and Property Damage and Workers' Compensation and all other insurances as may be required by law or ordinances or directed by the Owner or Owner's Representative, or by them agreed to. Owner's Representative may direct the form in which accounts of the actual field cost shall be kept and records of these accounts shall be made available to the Owner's Representative. The Owner's Representative may also specify in writing, before the work commences, the method of doing the work and the type and kind of machinery and equipment to be used; otherwise, these matters shall be determined by the Contractor. Unless otherwise agreed upon, the prices for the use of machinery and equipment shall be determined by using 100%, unless otherwise specified, of the latest Schedule of Equipment and Ownership Expenses adopted by the Associated General Contractors of America. Where practical, the terms and prices for the use of machinery and equipment shall be incorporated in the written extra work order. The fifteen percent (15%) of the actual field cost to be paid to Contractor shall cover and compensate Contractor for its profit, overhead, general superintendence and field office expense, and all other elements of cost and expense not embraced within the actual field cost as herein defined, save that where the Contractor's Camp or Field Office must be maintained primarily on account of such Extra Work, then the cost to maintain and operate the same shall be included in the "actual field cost." No claim for extra work of any kind will be allowed unless ordered in writing by Owner's Representative. In case any orders or instructions appear to the Contractor to involve extra work for which Contractor should receive compensation or an adjustment in the construction time, Contractor shall prior to commencement of such extra work, make written request to the Owner's Representative for a written order authorizing such extra work. Should a difference of opinion arise as to what does or does not constitute extra work or as to the payment therefore, and the Owner's Representative insists upon its performance, the Contractor shall proceed with the work after making written request for written order and shall keep adequate and accurate account of the actual field cost thereof, as provided under Method (C) (1). If Contractor does not notify Owner's Representative before the commencement of any extra work, any claim for payment due to alleged extra work shall be deemed waived. 25. DISCREPANCIES AND OMISSIONS It is further agreed that it is the intent of the contract documents that all work described in the proposal, the specifications, plans and other contract documents, is to be done for the prices quoted by the Contractor and that such price shall include all appurtenances necessary to complete the work in accordance with the intent of these contract documents as interpreted by Owner's Representative. Notices of any discrepancies or omissions in these plans, specifications, or contract documents, shall be given to the Owners' Representative and a clarification obtained before the proposals are received, and if no such notice is received by the Owner's Representative prior to the opening of proposals, then it shall be deemed that the Contractor fully understands the work to be included and has provided sufficient sums in its proposal to complete the work in accordance with these plans and specifications. If Contractor does not notify Owner's Representative before offering of any discrepancies or omissions, then it shall be deemed for all purposes that the plans and specifications are sufficient and adequate for completion of the project. It is further agreed that any request for clarification must be submitted no later than five (5) calendar days prior to the opening of proposals. In the absence of a requested clarification for a conflict in the documents prior to proposals being reviewed, it will be assumed that the Contractor proposes the higher cost alternative on conflicts identified after proposals are reviewed. 26 27. 28. RIGHT OF OWNER TO MODIFY METHODS AND EQUIPMENT If at any time the methods or equipment used by the Contractor are found to be inadequate to secure the quality of work with the rate of progress required under this contract, the Owner or Owner's Representative may order the Contractor in writing to increase their safety or improve their character and efficiency and the Contractor shall comply with such order. If, at any time, the working force of the Contractor is inadequate for securing the progress herein specified, the Contractor shall, if so ordered in writing, increase its force or equipment, or both, to PROTECTION AGAINST ACCIDENT TO EMPLOYEES AND THE PUBLIC AND GENERAL INDEMNITY The Contractor shall take out and procure a policy or policies of Workers' Compensation Insurance with an insurance company licensed to transact business in the State of Texas, which policy shall comply with the Workers' Compensation laws of the State of Texas. The Contractor shall at all times exercise reasonable precaution for the safety of employees and others on or near the work and shall comply with all applicable provisions of federal, state and municipal laws and building and construction codes. All machinery and equipment and other physical hazards shall be guarded in accordance with the "Manual of Accident Prevention in Construction" of Associated General Contractors of America, except where incompatible with federal, state or municipal laws or regulations. The Contractor, its sureties and insurance carriers shall defend, indemnify and hold harmless the Owner and Engineer and all of its officers, agents and employees against any all losses, costs, damages, expenses, liabilities, claims and/or causes of action, whether known or unknown, fixed, actual, accrued or contingent, liquidated or unliquidated, including, but not limited to, attorneys' fees and expenses, in connection with, incident to, related to, or arising out of, the Contractor's or any subcontractor's, agent's or employee's, in any manner whatsoever, omission, execution and/or supervision of this contract, and the project which is the subject matter of this contract. 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. CONTRACTOR'S INSURANCE The Contractor shall not commence work under this contract until he has obtained all insurance as required in the General Conditions of the contract documents, from an underwriter authorized to do business in the State of Texas and satisfactory to the City. Proof of coverage shall be furnished to the City and written notice of cancellation or any material change will be provided ten (10) calendar days in advance of cancellation or change. All policies of insurance, required herein, including policies of insurance required to be provided by Contractor and its subcontractors, shall contain a waiver of any and all of the insurer's or payor's, in the event of self- insurance, rights to subrogation that any such insurer or payor, in the event of self-insurance, may acquire by virtue of payment of any loss under such insurance or self-insurance. All certificates of insurance submitted to the City in conformity with the provisions hereof shall establish such waiver. The Contractor shall procure and carry at its sole cost and expense through the life of this contract, insurance protection as hereinafter specified. Coverage in excess of that specified herein also shall be acceptable. Such insurance shall be carried with an insurance company authorized to transact business in the State of Texas and shall cover all operations in connection with this contract, whether performed by the Contractor or a subcontractor, or separate policies shall be provided covering the operation of each subcontractor. A certificate of insurance specifying each and all coverages shall be submitted prior to contract execution. A. 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 C. E E SUBROGATION IN FAVOR OF THE CITY OF LUBBOCK. IT SHALL BE THE CONTRACTOR'S RESPONSIBILITY TO PROVIDE TO THE OWNER ALL PROOF OF COVERAGE INSURANCE DOCUMENTS INCLUDING WORKERS COMPENSATION COVERAGE FOR EACH SUBCONTRACTOR. COPIES OF THE ENDORSEMENTS ARE REQUIRED. Commercial General Liability Insurance (Primary Additional Insured and Waiver of Subrogation required) The contractor shall have Comprehensive General Liability Insurance with limits of $1,000,000 Combined Single Limit in the aggregate and per occurrence to include: Products & Completed Operations Hazard Contractual Liability Personal Injury & Advertising Injury Heavy Equipment XCU Owner's and Contractor's Protective Liability Insurance. — 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, $1,000,000 Combined Single Limit per occurrence, 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. The Contractor shall obtain a Builder's Risk policy in the amount of 100% of the total contract price(100% of potential loss) naming the City of Lubbock as insured. r , Umbrella Liability Insurance (Primary Additional Insured and Waiver of Subrogation required) &__ J The Contractor shall have Umbrella Liability Insurance in the amount of $2,000,000 per occurrence on all If contracts with coverage to correspond with Comprehensive General Liability and Comprehensive Automobile Liability coverages. F. Worker's Compensation and Employers Liability Insurance (Waiver of Subrogation required) Worker's Compensation Insurance covering all employees whether employed by the Contractor or any Subcontractor on the job with Employers Liability of at Ieast $1,000,000. 1. Definitions: , i 3 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. i Duration of the project - includes the time from the beginning of the work on the project until the F Contractor's/person's work on the project has been completed and accepted by the governmental 11._ 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 r, undertaken to perform on the project, regardless of whether that person contracted directly with the Contractor and regardless of whether that person has employees. This includes, without limitation, independent contractors, subcontractors, leasing companies, motor carriers, owner - operators, employees of any such entity, or employees of any entity which furnishes persons to provide services on the project. "Services" include, without limitation, providing, hauling, or delivering equipment or materials, or providing labor, transportation, or other service related to a project. "Services" does not include activities unrelated to the project, such as food/beverage vendors, office supply deliveries, and delivery of portable toilets. 2. The Contractor shall provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements, which meets the statutory requirements of Texas Labor Code, Section 401.011(44) for all employees of the contractor providing services on the project, for the duration of the project. The Contractor must provide a certificate of coverage to the governmental entity prior to being awarded the contract. 4. If the coverage period shown on the Contractor's current certificate of coverage ends during the duration of the project, the Contractor must, prior to the end of the coverage period, file a new certificate of coverage with the governmental entity showing that coverage has been extended. The Contractor shall obtain from each person providing services on the project, and provide to the governmental entity: (a) a certificate of coverage, prior to that person beginning work on the project, so the governmental entity will have on file certificates of coverage showing coverage for all persons providing services on the project; and (b) no later than seven days after receipt by the Contractor, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project. The Contractor shall retain all required certificates of coverage for the duration of the project and for one year thereafter. 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. 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; L F c provide the Contractor, prior to the end of the coverage period, a new certificate of p �p g p � coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (d) obtain from each other person with whom it contracts, and provide to the Contractor: (1) a certificate of coverage, prior to the other person beginning work on the project; and ! (2) a new certificate of coverage showing extension of coverage, prior to the end of the coverage period, if the coverage period shown on the current certificate of coverage ends during the duration of the project; J (e) retain all required certificates of coverage on file for the duration of the project and for f, one year thereafter; l (f) notify the governmental entity in writing by certified mail or personal delivery, within 10 days after the person knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project; and (g) contractually require each person with whom it contracts to perform as required by paragraphs (a) - (g), with the certificates of coverage to be provided to the person for whom they are providing services. 10. By signing this contract or providing or causing to be provided a certificate of coverage, the Contractor is representing to the governmental entity that all employees of the Contractor who will provide services on the project will be covered by worker's compensation coverage for the duration of the project, that the coverage will be based on proper reporting of classification codes and payroll amounts, and that all coverage agreements will be filed with the appropriate insurance carrier or, in the case of a self -insured, with the commission's Division of Self -Insurance Regulation. Providing false or misleading information may subject the Contractor to administrative penalties, criminal penalties, civil penalties, or other civil actions. 11. The Contractor's failure to comply with any of these provisions is a breach of contract by the Contractor which entitles the governmental entity to declare the contract void if the Contractor does not remedy the breach within ten days after receipt of notice of breach from the governmental entity. 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 naive and address of the insured. (2) The location of the operations to which the insurance applies. (3) The name of the policy and type or types of insurance in force thereunder on the date borne by such certificate. f j (4) The expiration date of the policy and the limit or limits of liability thereunder on the date borne { by such certificate. (5) A provision that the policy may be canceled only by mailing written notice to the named insured at the address shown in the proposal specifications. (6) A provision that written notice shall be given to the City ten days prior to any change in or cancellation of the policies shown on the certificate. a (7) The certificate or certificates shall be on the form (or identical copies thereof) contained in the job -y specifications. No substitute of nor amendment thereto will be acceptable. (8) If policy limits are paid, new policy must be secured for new coverage to complete project. (9) A Contractor shall: (a) provide coverage for its employees providing services on a project, for the duration of the project based on proper reporting of classification codes and payroll amounts and filling of any coverage agreements; (b) provide a certificate of coverage showing workers' compensation coverage to the governmental entity prior to beginning work on the project; (c) provide the governmental entity, prior to the end of the coverage period, a new certificate of coverage showing extension of coverage, if the coverage period shown on the Contractor's current certificate of coverage ends during the duration of the project; (d) obtain from each person providing services on a project, and provide to the governmental entity: (i) a certificate of coverage, prior to that person beginning work on the project, so the governmental entity will have on file certificates of coverage showing coverage for all persons providing services on the project; and (ii) no later than seven days after receipt by the Contractor, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (e) retain all required certificates of coverage on file for the duration of the project and for one year thereafter; (f) notify the governmental entity in writing by certified mail or personal delivery, within 10 days after the Contractor knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project; (g) post a notice on each project site informing all persons providing services on the project that they are required to be covered, and stating how a person may verify current coverage and report failure to provide coverage. This notice does not satisfy other posting requirements imposed by the Texas Worker's Compensation Act or other commission rules. This notice must be printed with a title in at least 30-point bold type and text in at least 19-point normal type, and shall be in both English and Spanish and any other language common to the worker population. The text for the notices shall be the following text provided by the commission on the sample notice, without any additional words or changes: REQUIRED WORKERS' COMPENSATION COVERAGE "The law requires that each person working on this site or providing services related to this construction project must be covered by workers' compensation insurance. This includes persons providing, hauling, or delivering equipment or materials, or providing labor or transportation or other service related to the project, regardless of the identity of their employer or status as an employee. " "Call the Texas Workers' Compensation Commission at 800-372-7713 or 512-804- 4000 (ww)v.tdi.state.tx.us) to receive information of the legal requirements for (h) coverage, to verify whether your employer has provided the required coverage, or to report an employer's failure to provide coverage;" and contractually require each person with whom it contracts to provide services on a project, to: (i) provide coverage based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements for all of its employees providing services on the project, for the duration of the project; (ii) provide a certificate of coverage to the Contractor prior to that person beginning work on the project; (iii) include in all contracts to provide services on the project the following language: "By signing this contract or providing or causing to be provided a certificate of coverage, the person signing this contract is representing to the governmental entity that all employees of the person signing this contract who will provide services on the project will be covered by workers' compensation coverage for the duration of the project, that the coverage will be based on proper reprinting of classification codes and payroll amounts, and that all coverage agreements will be filed with the appropriate insurance carrier or, in the case of a self -insured, with the commission's Division of Self -Insurance Regulation. Providing false or misleading information may subject the Contractor to administrative penalties, criminal penalties, civil penalties, or other civil actions."; (iv) provide the Contractor, prior to the end of the coverage period, a new certificate j of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (v) obtain from each other person with whom it contracts, and provide to the _. Contractor: (1) a certificate of coverage, prior to the other person beginning work on the . project; and (2) prior to the end of the coverage period, a new certificate of coverage showing extension of the coverage period, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (vi) retain all required certificates of coverage on file for the duration of the project and for one year thereafter; (vii) notify the governmental entity in writing by certified mail or personal delivery, within 10 days after the person knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project; and ll �...l (viii) contractually require each other person with whom it contracts, to perform as required by paragraphs (i)-(viii), with the certificate of coverage to be provided to the person for whom they are providing services. 29. DISABLED EMPLOYEES ' Contractors having more than fifteen (15) employees agree to comply with the Americans with Disabilities Act of 1990, and agree not to discriminate against a qualified individual with a disability because of the disability of such individual in regard to job application procedures, the hiring, advancement, or discharge of employees, employee compensation, job training, and other terns, conditions, and privileges of employment. 30. PROTECTION AGAINST CLAIMS OF SUBCONTRACTORS LABORERS MATERIALMEN AND FURNISHERS OF MACHINERY, EQUIPMENT AND SUPPLIES Without limiting, in any way, manner or form, the indemnity provided by Contractor in paragraph 27 hereof, the Contractor agrees that it will indemnify and save the Owner and Engineer and all of its officers, agents and employees, harmless against any and all claims, liabilities, losses, damages, expenses and causes of action arising out of, in any way, manner or form, the demands of subcontractors, laborers, workmen, mechanics, material men and furnishers of machinery and parts thereof, equipment, power tools, and supplies, incurred in the performance of this contract and the project which is the subject matter of this contract. When Owner so desires, the Contractor shall furnish satisfactory evidence that all obligations of the nature hereinabove designated have been paid, discharged or waived. 31. PROTECTION AGAINST ROYALTIES OR PATENT INVENTION The Contractor shall pay all royalties and license fees, and shall provide for the use of any design, device, material or process covered by letters patent or copyright by suitable legal agreement with the Patentee or owner thereof. Without limiting, in any way, manner or form, the indemnity provided by Contractor in paragraph 27 hereof, the Contractor shall defend all suits or claims for infringement of any patent or copyrights and shall indemnify and save the Owner and Engineer, and all of its officers, agents and employees harmless from any loss on account thereof, except that Owner shall defend all such suits and claims and shall be responsible for all such loss when a particular design, device, material or process or the product of a particular manufacturer or manufacturers is specified or required in these contract documents by Owner; provided, however, if choice of alternate design, device, material or process is allowed to the Contractor, then Contractor shall indernnify and save Owner, and all of its officers, agents and employees harmless from any loss on account thereof. Notwithstanding anything herein to the contrary, if the material or process specified or required by Owner and/or this contract is an infringement, the Contractor shall be responsible for such loss unless it gives written notice of such infringement to the Owner's Representative prior to offering. 32. LAWS AND ORDINANCES The Contractor shall at all times observe and comply with all federal, state and local laws, ordinances and regulations, which in any manner affect the contract or the work, and without limiting, in any way, manner or fonn, the indemnity provided by Contractor in paragraph 27 hereof, Contractor shall indemnify and save harmless the Owner and Engineer and all of its officers, agents, and employees against any claims arising from the violation of any such laws, ordinances, and regulations, whether by the Contractor, its employees, or subcontractors. If the Contractor observes that the plans and specifications are at variance therewith, he shall notify the Owner's Representative in writing prior to proposing and any necessary changes shall be adjusted as provided in the contract for changes in the work. In the absence of timely written notification to Owner's Representative of such variance or variances within said time, any objection and/or assertion that the plans and specifications are at variance with any federal, state or local laws, ordinances or regulations shall be deemed waived. If the Contractor, its employees or subcontractors perform any work contrary to such laws, ordinances, rules and regulations, and without such notice to the Owner's Representative, Contractor shall bear all costs arising there from. The Owner is a municipal corporation of the State of Texas and the law from which it derives its powers, insofar as the same regulates the objects for which, or the manner in which, or the conditions under which the Owner may enter into contracts, shall be controlling, and shall be considered as part of this contract to the same effect as though embodied herein. 33 34 35 36 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. TIME FOR SUBSTANTIAL COMPLETION AND LIQUIDATED DAMAGES It is hereby understood and mutually agreed by and between the Contractor and the Owner, that the date of beginning and time for completion as specified in the Notice to Proceed and contract documents, respectively, of work to be done hereunder are essential conditions of this contract; and it is further mutually understood and agreed that the work embraced in this contract shall be commenced as provided in the contract documents. If the Contractor should neglect, fail, or refuse to substantially complete the work within the time herein specified, then the Contractor does hereby agree as part of the consideration for the awarding of this contract, the Owner may withhold permanently from Contractor's total compensation, the sum of $200 PER DAY, not as a penalty, but as liquidated damages for the breach of the contract as herein set forth for each and every working day that the Contractor shall be in default after the time stipulated for substantially completing the work. It is expressly understood and agreed, by and between Contractor and the Owner, that the time for the substantial completion of the work described herein is reasonable time for the completion of the same, taking into consideration the average climatic range and conditions and usual industrial conditions prevailing in this locality. The amount is fixed and agreed upon by and between the Contractor and the Owner because the actual damages the Owner would sustain in such event would be difficult and/or impossible to estimate, however, the amount agreed upon herein is a reasonable forecast of the amount necessary to render just compensation to Owner, and is expressly agreed to be not disproportionate to actual damages as measured at time of breach. IT IS FURTHER AGREED AND UNDERSTOOD BETWEEN THE CONTRACTOR AND OWNER THAT TIME IS OF THE ESSENCE OF THIS CONTRACT. TIME AND ORDER OF COMPLETION It is the meaning and intent of this contract, unless otherwise herein specifically provided, that the Contractor shall be allowed to prosecute its work at such time and sessions, in such order of precedence, and in such manner as shall be most conductive to economy of construction; provided, however, that the order and time of prosecution shall be such that the work shall be substantially completed as a whole and in part, in accordance with this contract, the plans and specifications, and within the time of completion designated in the proposal; provided, also, that when the Owner is having other work done, either by contract or by its own force, the Owner's Representative (as distinguished from the Resident Project Representative) may direct the time and manner of constructing work done under this contract so that conflicts will be avoided and the construction of the various works being done for the Owner shall be hannonized. 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 r ' the Contractor will start the several parts of the work and estimated dates of completion of the several parts. f Ir' TIME OF PERFORMANCE- -% The Contractor agrees that it has submitted its proposal in full recognition of the time required for the completion r of this project, taking into consideration the average climatic range and industrial conditions prevailing in this locality, and has considered the liquidated darnage 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 orr other contractors employed by the Owner, or by changes ordered in the work, or by strike, walkouts, acts of God t or the public enemy, fire or flood. Any request for extension shall be in writing with the written request for same P 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 affinnatively grant the extension no later than within twenty (20) calendar days of written submission by §' Contractor shall be deemed a denial, and final. Further, in the absence of timely written notification of such delay and request for extension, as provided herein, any request for extension by Contractor shall be deemed waived. 37. HINDRANCE AND DELAYS In executing the contract, the Contractor agrees that in undertaking to complete the work within the time herein fixed, Contractor has taken into consideration and made allowances for all hindrances and delays incident to such work, whether growing out of delays due to unusual and unanticipated circumstances, difficulties or delays in securing material or workmen, or any other cause or occurrence. No charge shall be made by the Contractor for hindrance or delays from any cause during the progress of any part of the work embraced in this contract except where the work is stopped by order of the Owner or Owner's Representative for the Owner's convenience, in which event, such expense as in the sole judgment of the Owner's Representative that is caused by such stoppage shall be paid by Owner to Contractor. � r 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 t s to be furnished hereunder. Where the estimated quantities are shown, and only when same are expressly stated to be estimates, for the various classes of work to be done and material to be furnished under this contract, they are approximate and are to be used only as a basis for estimating the probable cost of the work and for comparing their proposals offered for the work. In the event the amount of work to be done and materials to be furnished are expressly stated to be estimated, and only when same are expressly stated to be estimated, it is understood and agreed that the actual amount of work to be done and the materials to be furnished under this contract may differ somewhat from these estimates, and that where the basis for payment under this contract is the unit price method, payment shall be for the actual amount of work done and materials furnished on the project, provided that the over run or under run of estimated quantities note exceed 15% of the estimated quantity. 1- 39. PROTECTION OF ADJOINING PROPERTY The Contractor shall take proper means to protect the adjacent or adjoining property or properties in any way encountered, which may be injured or seriously affected by any process of construction to be undertaken under this agreement, from any damage or injury by reason of said process of construction; and Contractor shall be liable for any and all claims for such damage on account of his failure to fully protect all adjacent property. Without limiting, in any way, manner and form, the indemnity provided by Contractor in paragraph 27 hereof, the Contractor agrees to indemnify, save and hold harmless the Owner and Engineer, and any of its officers, agents and employees, against any and all claims or damages due to any injury to any adjacent or adjoining property, related to, arising from or growing out of the performance of this contract. 40. PRICE FOR WORK In consideration of the furnishing of all necessary labor, equipment and material and the completion of all work by the Contractor, and on the delivery of all materials embraced in this contract in full conformity with the specifications and stipulations herein contained, the Owner agrees to pay the Contractor the price set forth in the 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 erfonnance of the PY g P 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 4 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. 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. Payment for materials on hand and delivered to the project site will be limited to 100 percent less the 5 percent standard retainage until actually incorporated into the project. Any partial payment made hereunder shall not constitute a waiver by the Owner of any and all other rights to enforce the express terms of the contract documents, and all remedies provided therein, as to any and all work performed, to be performed and/or materials delivered hereunder, including, but limited to, work to which said partial payment is attributable. 43. SUBSTANTIAL COMPLETION Contractor shall give Owner's Representative written notice of substantial completion. Within thirty-one (31) working days after the Contractor has given the Owner's Representative written notice that the work has been 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. 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 detennine whether final i completion has occurred. If the Owner's Representative determines final completion has occurred, Owner's -i Representative shall so certify to the Owner. Upon certification by Owner's Representative of final completion, Owner shall pay to the Contractor on or before the 31st working day after the date of certification of final completion, the balance due Contractor under the terms of this agreement. Neither the certification of final completion nor the final payment, nor any provisions in the contract documents shall relieve the Contractor of the obligation for fulfillment of any warranty which may be required in the contract documents and/or any warranty or warranties implied by law or otherwise. j 45. CORRECTION OF WORK Contractor shall promptly remove from Owner's premises all materials condemned by the Owner's Representative on account of failure to conform to the contract documents, whether actually incorporated in the work or not, and Contractor shall at its own expense promptly replace such condemned materials with other materials conforming to the requirements of the contract documents. Contractor shall also bear the expense of restoring all work of other contractors damaged by any such removal or replacement. If Contractor does not remove and replace any such condemned work within a reasonable time but not to exceed 30 days after a written notice by the Owner or the Owner's Representative, Owner may remove and replace it at Contractor's expense. The Contractor shall pay all claims, cost, losses, and damages (including but not limited to all fees and charges of the engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution cost) arising out of or relating to such correction or removal. Neither the final payment, nor certification of final completion or substantial completion, nor any provision in the contract documents shall relieve the Contractor of responsibility for faulty materials or workmanship, and Contractor shall remedy any defects due thereto and pay for any damage to other work resulting therefrom, which shall appear within a period of one (1) year from the date of certification of final completion by Owner's Representative. 46. PAYMENT WITHHELD The Owner or Owner's Representative may, on account of subsequently discovered evidence, withhold or nullify the whole or part of any certification to such extent as may be necessary to protect itself from loss on account of: (a) Defective work not remedied and/or work not performed, (b) Claims filed or reasonable evidence indicating possible filing of claims, (c) Damage to another contractor, (d) Notification to owner of failure to make payments to Subcontractors or Suppliers, (e) Failure to submit up-to-date record documents as required, (0 Failure to submit inonthly progress schedule updates or revised scheduled as requested by Owner, (g) Failure to provide Project photographs required by Specifications. When the above grounds are removed, or the Contractor provides a surety bond satisfactory to the Owner, in the amount withheld, payment shall be made for amounts withheld because of them. 47. CLAIM OR DISPUTE It is further agreed by both parties hereto that all questions of dispute or adjustment presented by the Contractor shall be in writing and filed with the Owner's Representative within fifteen (15) calendar days after the Owner's Representative has given any direction, order or instruction to which the Contractor desires to take exception. Timely written notice of dispute as provided in this contract of any decision by Owner's Representative or Owner shall be a condition precedent to the bringing and/or assertion of any action or claim by Contractor of any right under this Contract. If the matters set forth in the notice of dispute are not granted or otherwise responded to by Owner's Representative within fifteen (15) calendar days of receipt of notice of dispute by Owner's Representative, said objections shall be deemed denied. Any decision by the Owner's Representative, or deemed denial by the Owner's Representative, shall be final and conclusive in the absence of fraud. It is further agreed that the acceptance by the Contractor of the final payment shall be a bar to any and all claims of the Contractor, and constitute a waiver of the right to assert any claim against Owner, Owner's agents and employees and Owner's Representative, by Contractor. ( 48. NON-COMPLIANCE AND/OR ABANDONMENT BY CONTRACTOR In case the Contractor should (1) abandon and fail or refuse to resume work within fifteen (15) calendar days after written notification from the Owner or the Owner's Representative, or (2) if the Contractor fails to comply with (` the written orders of the Owner's Representative, when such orders are consistent with this contract, then the Surety on the bond shall be notified in writing and directed to complete the work and a copy of said notice shall be delivered to the Contractor. In the event a bond is not required by law, or otherwise obtained by the Contractor, no further notice of such non-compliance to Contractor shall be required. After receiving said notice of abandonment or non-compliance , the Contractor shall not remove from the work any machinery, equipment, tools, materials or supplies then on the job, but the same, together with any materials and equipment under the contract for work, may be held for use on the work by the Owner or the Surety of the Contractor, or another contractor, in completion of the work; and the Contractor shall not receive any rental or credit therefore (except when used in connection with Extra Work, where credit shall be allowed as provided for under paragraph 24 of this contract); it being understood that the use of such equipment and materials will ultimately reduce the cost to complete the work and be reflected in the final settlement. In the event the Contractor, or Surety, whichever is applicable, should fail to commence compliance with the notice hereinbefore provided within ten (10) calendar days after service of such notice, and/or shall fail to proceed with diligence to complete the project as contemplated and in compliance with all terns and provisions of the contract documents, then the Owner may exercise any and all remedies available to it pursuant to law, contract, equity or otherwise, including, but not limited to, providing for completion of the work in either of the following elective manners: (a) The Owner may employ such force of men and use of machinery, equipment, tools, materials and supplies as said Owner may deem necessary to complete the work and charge the expense of such labor, machinery, equipment, tools, materials and supplies to said Contractor, and the expense so charged shall be deducted and paid by the Owner out of such moneys as may be due, or that may thereafter at any time become due to the Contractor under and by virtue of this Agreement. In case such expense is less than the sum which would have been payable under this contract, if the same had been completed by the Contractor, then said Contractor shall receive the difference. In case such expense is greater than the sum which would have been payable under this contract, if the same had been completed by said Contractor, then the Contractor and/or its Surety shall pay the amount of such excess to the Owner; or (b) The Owner, under sealed proposals, after notice published as required by law, at least twice in a newspaper having a general circulation in the County of location of the work, may let the contract for the 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, ' �E notice thereof, together with an itemized list of such equipment and materials shall be mailed to the Contractor_r 3 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 l property shall be held at the risk of the Contractor and his Surety, if applicable, subject only to the duty of the Owner to exercise ordinary care to protect such property. After fifteen (15) calendar days from the date of said notice the Owner may sell such machinery, equipment, tools, materials or supplies and apply the net sum derived from such sale to the credit of the Contractor and his Surety, if applicable. Such sale may be made at either public or private sale, with or without notice, as the Owner may elect. The Owner shall release any machinery, equipment, tools, materials, or supplies that remain on the jobsite and belong to persons other than the Contractor or his Surety, if applicable, to their proper owners. The remedies provided to Owner by law, equity, contract, or otherwise, shall be cumulative, to the extent permitted by law. It is expressly agreed and understood that the exercise by Owner of the remedies provided in this paragraph shall not constitute an election of remedies on the part of Owner, and Owner, irrespective of its exercise of remedies hereunder, shall be entitled to exercise concurrently or otherwise, any and all other remedies available to it, by law, equity, contract or otherwise, including but not limited to, liquidated damages, as provided in paragraph 34, hereinabove set forth. 49. LIMITATION ON CONTRACTOR'S REMEDY The remedies of Contractor hereunder shall be limited to, and Owner shall be liable only for, work actually performed by Contractor and/or its subcontractors as set forth in the contract documents, and Owner shall not be liable for any consequential, punitive or indirect loss or damage that Contractor may suffer in connection with the project which is the subject matter of this contract. ' 50. BONDS The Contractor is required to furnish a perfonnance bond in accordance with Chapter 2253, Government Code, in the amount of 100% of the total contract price in the event that said contract price exceeds $100,000 and the Contractor is required to furnish a payment bond in accordance with Chapter 2253, Government Code, in the amount of 100% of the total contract price in the event that said contract price exceeds $25,000. All bonds shall be submitted on forms supplied by the Owner, and executed by a Surety Company listed on the State Treasury's "Approved" list and authorized to do business in the State of Texas. It is further agreed that this contract shall not be in effect until such bonds are so furnished. t_ , 51. SPECIAL CONDITIONS In the event special conditions are contained herein as part of the contract documents and said special conditions conflict with any of the general conditions contained in this contract, then in such event the special conditions shall control. 52. LOSS OR EXPENSE DUE TO UNUSUAL OR UNANTICIPATED CIRCUMSTANCES Unless otherwise specified herein, all loss, expense or damage to the Contractor arising out of the nature of the work to be done, or from the action of the elements, or from any unforeseen circumstance or from unusual obstructions or difficulties, naturally occurring, manmade 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. s 53. INDEPENDENT CONTRACTOR Contractor is, and shall remain, an independent contractor with full, complete and exclusive power and authority to direct, supervise, and control its own employees and to determine the method of the performance of the work covered hereby. The fact that the Owner or Owner's Representative shall have the right to observe Contractor's work during Contractor's performance and to carry out the other prerogatives which are expressly reserved to and s vested in the Owner or Owner's Representative hereunder, is not intended to and shall not at any time change or effect the status of the Contractor as an independent contractor with respect to either the Owner or Owner's Representative or to the Contractor's own employees or to any other person, firm, or corporation. 54. CLEANING UP The Contractor shall at all times keep the premises free from accumulation of debris caused by the work, and at the completion of the work Contractor shall remove all such debris and also its tools, scaffolding, and surplus materials and shall leave the work room clean or its equivalent. The work shall be left in good order and condition. In case of dispute Owner may remove the debris and charge the cost to the Contractor. 55. HAZARDOUS SUBSTANCES AND ASBESTOS Hazardous Substances (herein so called), as defined in the Comprehensive Environmental Response, Compensation, and Liability Act (42 U.S.C.S. §9601(14)) and the regulations promulgated thereunder, as same may be amended from time to tune, hydrocarbons or other petroleum products or byproducts and/or asbestos, in any form, shall not (i) be utilized, in any way, manner or form, in the construction of, or incorporation into, the Project; or (ii) be brought upon, placed, or located, by any party, on the Project site, or any other property of the City, without the written consent of the Owner's Representative. If Contractor believes that the utilization of a Hazardous Substance, hydrocarbons or other petroleum products or byproducts and/or asbestos is necessary in the construction of the Project, or that it is necessary to place and/or otherwise locate upon the site of the Project or other property of the City, a Hazardous Substance, hydrocarbons or other petroleum products or byproducts and/or asbestos, Contractor shall notify the Owner's Representative, and request consent therefrom, at least twenty (20) days prior to such action. Owner's Representative may grant or deny the request of Contractor and provide whatever requirements such consent, if granted, is conditioned upon, in its sole and absolute discretion. If the request of Contractor is not granted, or otherwise not responded to, by Owner's Representative within five (5) days of the receipt of said request, said request shall be deemed to be denied. In the event Owner's Representative shall consent to the request of Contractor, Contractor shall be responsible for ensuring that all personnel involved in the Project are (i) trained for the level of expertise required for proper performance of the actions contemplated by this Contract and, in particular, in all aspects of handling, storage, disposal and exposure of Hazardous Substances, hydrocarbons or other petroleum products or byproducts and/or asbestos; and (ii) are provided and utilize all protective equipment, including without limitation, personal protective gear, necessary to provide protection from exposure to Hazardous Substances, hydrocarbons or other petroleum products or byproducts and/or asbestos. 56. NONAPPROPRIATION All funds for payment by the City under this contract are subject to the availability of an annual appropriation for this purpose by the City. In the event of non -appropriation of funds by the City Council of the City of Lubbock for the goods or services provided under the contract, the City will terminate the contract, without termination charge or other liability, on the last day of the then -current fiscal year or when the appropriation made for the then -current year for the goods or services covered by this contract is spent, whichever event occurs first. If at any time funds are not appropriated for the continuance of this contract, cancellation shall be accepted by the Seller on thirty (30) days prior written notice, but failure to give such notice shall be of no effect and the City shall not be obligated under this contract beyond the date of termination. 57. THE CITY RIGHT TO AUDIT At any time during the tern 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._ i �i {t6 58. NON -ARBITRATION j The City reserves the right to exercise any right or remedy available to it by law, contract, equity, or otherwise, including without limitation, the right to seek any and all forms of relief in a court of competent jurisdiction. Further, the City shall not be subject to any arbitration process prior to exercising its unrestricted right to seek judicial remedy. The remedies set forth herein are cumulative and not exclusive, and may be exercised concurrently. To the extent of any conflict between this provision and another provision in, or related to, this document, this provision shall control. 59. HOUSE BILL 2015 House Bill 2015 signed by the Governor on June 14, 2013 and effective on January 1, 2014, authorizes a penalty to be imposed on a person who contracts for certain services with a governmental entity and who fails to properly classify their workers. This applies to subcontractors as well. Contractors and subcontractors who fail to properly classify individuals performing work under a governmental contract will be penalized $200 for each individual that has been misclassified (Texas Govermment Code Section 2155.001). 9 60. HOUSE BILL 1295: DISCLOSURE OF INTERESTED PARTIES House Bill 1295, adopted by the 84th Legislature, created §2252.908, Texas Government Code. Section 2252.908 requires a business entity entering into certain contracts with a governmental entity or state agency to file with the governmental entity or state agency a disclosure of interested parties at the time the business entity submits the signed contract to the governmental entity or state agency. Section 2252.908 requires the disclosure form to be signed by the authorized agent of the contracting business entity, acknowledging that the disclosure is made under oath and under penalty of perjury. Section 2252.908 applies only to a contract that requires an action or vote by the governing body of the governmental entity or state agency before the contract may be signed or has a value of at least $1 million. histructions for completing Form 1295 are available at: http:/hv,ww.ci.lubbock.tx.us/depai-tmental-u+ebsites/departments/ptirchasin /vendor -information Pam Intentionally Left Blank DAVIS-BACON WAGE DETERMINATIONS EXHIBIT A General Decision Number: TX170007 01/06/2017 TX7 Superseded General Decision Number: TX20160007 State: Texas Construction Types: Heavy and Highway Counties: Armstrong, Carson, Crosby, Ector, Irion, Lubbock, Midland, Potter, Randall, Taylor and Tom Green Counties in Texas. HEAVY & HIGHWAY CONSTRUCTION PROJECTS Note: Under Executive Order (EO) 13658, an hourly minimum wage of $10.20 for calendar year 2017 applies to all contracts subject to the Davis - Bacon Act for which the contract is awarded (and any solicitation was 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 $10.20 per hour (or the applicable wage rate listed on this wage determination, if it is higher) for all hours spent performing on the contract in calendar year 2017. The EO minimum wage rate will be adjusted annually. Additional information on contactor requirements and worker protections under the EO is available at www.dol.gov/whd/govcontracts. Modification Number Publication Date 0 01/06/2017 * 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 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, 3CY or less ........................ $ 12.28 Loader/Backhoe.............. $ 14.18 Mechanic .................... $ 20.14 Milling Machine .............$ 15.54 Motor Grader, Rough ........ $ 16.15 Motor Grader, Fine .......... $ 17.49 Pavement Marking Machine .... $ 16.42 Reclaimer/Pulverizer........ $ 12.85 Roller, Asphalt .............$ 10.95 Roller, Other ............... $ 10.3 6 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 i g; t WELDERS - Receive rate prescribed for craft performing operation to which welding is incidental. Note: Executive Order (EO) 13706, Establishing Paid Sick Leave for Federal Contractors applies to all contracts subject to the Davis -Bacon Act for which the contract is awarded (and any solicitation was issued) on or after January 1, 2017. If this contract is covered by the EO, the contractor must provide employees with 1 hour of paid sick leave for every 30 hours they work, up to 56 hours of paid sick leave each year. Employees must be permitted to use paid sick leave for their own illness, injury or other health -related needs, including preventive care; to assist a family member (or person who is like family to the employee) who is ill, injured, or has other health -related needs, including preventive care; or for reasons resulting from, or to assist a family member (or person who is like family to the employee) who is a victim of, domestic violence, sexual assault, or stalking. Additional information on contractor requirements and worker protections under the EO is available at www.dol.gov/whd/govcontracts. 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 t 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 confonnance (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 I 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. I N Pate Intentionally Left Blank