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Resolution - 2009-R0054 - Contract - Utility Contractors Of America LTD - Park Drainage Improvements - 02/12/2009
Resolution No. 2009-R0054 February 12, 2009 Item No. 5.13 RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock, a Unit Price Construction Contract for Mose Hood and Stumpy Hamilton Park Drainage Improvements per ITB 09 -707 -BM, by and between the City of Lubbock and Utility Contractors of America, LTD of Wolfforth, Texas, and related documents. Said Contract is attached hereto and incorporated in this resolution as if fully set forth herein and shall be included in the minutes of the City Council. Passed by the City Council this 12th ATTEST: Reber Garza, City Secretary APPRnVED AS TO CONTENT: day of February , 2009. TOM MARTIN, MAYOR �omis, Assistant City Manager of Transportation and Public 'Works APPROVED AS TO FORM: Chad Weaver, Assistant. City Attorney vw/redoes/Chad/Resolutions/RES.Contract-Utility Contractors February 2, 2009 Resolution No. 2009-R0054 February 12, 2009 Item No. 5.13 RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock, a Unit Price Construction Contract for Mose Hood and Stumpy Hamilton Park Drainage Improvements per ITB 09-707-13M, by and between the City of Lubbock and Utility Contractors of America, LTD of Wolfforth, Texas, and related documents. Said Contract is attached hereto and incorporated in this resolution as if fully set forth herein and shall be included in the minutes of the City Council. Passed by the City Council this 12th ATTES T : Q, eo� Reber Garza, City Secretary APPR'QVED AS TO CONTENT: day of February , 2009. J/i TOM MARTIN, MAYOR �omis, Assistant City Manager of Transportation and Public Works APPROVED AS TO FORM: Chad Weaver, Assistant City Attorney vw/ccdocs/Chad/Resolutions/RES.Contract-Utility Contractors February 2, 2009 CITY OF LAMBOCK V ECI F I.CATI ON S FOR STUMPY HAMILTON AND NIOSE HOOD PARK' DRAINAG E IMPRO VE N[ E.NrrS pR 0.1 L,,CT . ITB 409-707-Rim. P lan& & Sp fc i ti �fl ciftk may be obi a! ned ao m HE REP RO QUCT I 6N. COMPANY h itp.., il 6r. thp, rg pr6dpc t ion w. mpap v -rom/ -Phobx (90(%7 7 0 .. . j 7 . Am ITB# 09-707-BM, Addendum # 1 City of Lubbock PUBLIC WORKS CONTRACTING OFFICE ROOM 204, MUNICIPAL BUILDING 1625 13TH STREET LUBBOCK, TEXAS 79401 PH: (806) 775-2163 FAX: (806) 775-2164 http://purchasing.ci.lubbock.tx.us DATE ISSUED: CLOSE DATE: ADDENDUM # 1 ITB # 09-707-BM Stumpy Hamilton and Mose Hood Park Drainage Improvements Project January 23, 2009 January 28, 2009 @ 2:00 P.M. The following items take precedence over specifications for the above named Invitation to Bid l j (ITB). Where any item called for in the ITB documents is supplemented here, the original requirements, not affected by this addendum, shall remain in effect. 1. REVISED BID SUBMITTAL FORM must be submitted and is attached. Items 8.b., 9.b. and 26 are ADDED. Totals are REVISED. All requests for additional information or clarification must be submitted in writing and directed to: Bruce MacNair, Public Works Contracting Officer, City of Lubbock, P.O. Box 2000, Lubbock, Texas 79457 Questions may be faxed to (806)775-2164 or Email to bmacnair(i► mylubbock.us . THANK YOU, CITY OF LUBBOCK Bruce MacNair Public Works Contracting Officer It is the intent and purpose of the City of Lubbock that this request permits competitive bids. It shall be the bidder's responsibility to advise the City of Lubbock Public Works Contracting Officer if any language, requirements, etc., or any combinations thereof, inadvertently restricts or limits the requirements stated in this ITB to a single source. Such notification ., must be submitted in writing and must be received by the Public Works Contracting Officer no later than five (5) business days prior to the bid close date. A review of such notifications will be made. ITB# 09-707-BM-Ad-I *** REVISED *** BID SUBMITTAL FORM UNIT PRICE BID CONTRACT DATE: PROJECT NUMBER: 09-707-BM — STUMPY HAMILTON AND MOSE HOOD PARK DRAINAGE IMPROVEMENTS Bid of (hereinafter called Bidder) To the Honorable Mayor and City Council City of Lubbock, Texas (hereinafter called Owner) Ladies and Gentlemen: The Bidder, in compliance with your Invitation to Bid for the construction of STUMPY HAMILTON AND MOSE HOOD PARK DRAINAGE IMPROVEMENTS PROJECT, having carefully examined the plans, specifications, instructions to bidders, notice to bidders and all other related contract documents and the site of the intended work, and being familiar with all of the conditions surrounding the construction of the intended project including the availability of materials and labor, hereby intends to furnish all labor, materials, and supplies; and to construct the project in accordance with the plans, specifications and contract documents, within the time set forth therein and at the price stated below. The bidder binds himself on acceptance of his bid to execute a contract and any required bonds, according to the accompanying forms, for performing and completing the said work within the time stated and for the prices stated below. Estimated Item Quantity No. & Unit Description of Item Total Amount 1. 2,006 SY (104 2017) REMOVE CONC (CHANNEL). TOTAL ITEM #1: $ /SY( (Unit Price Amounts shall be shown in both words and numerals. In case of discrepancy, the amount shown in words shall govern.) 2. 36 SY (104 2028) REMOVE CONC (HEADWALLS & WINGWALLS) TOTAL ITEM #2: $ /SY( ) (Unit Price Amounts shall be shown in both words and numerals. In case of discrepancy, the amount shown in words shall govern.) 3. 1,389 CY (132 2001) EMBANKMENT (FINAL)(ORD COMP)(TY B) . TOTAL ITEM #3: $ /CY( (Unit Price Amounts shall be shown in both words and numerals. In case of discrepancy, the amount shown in words shall govern.) 4. 5,920 SY (162 2002) BLOCK SODDING. TOTAL ITEM #4: $ /SY( (Unit Price Amounts shall be shown in both words and numerals. In case of discrepancy, the amount shown in words shall govern.) Bidder's Initials Item Estimated No. Quantity & Unit Description of Item Total Amount 5. 100,000 GAL (168) VEGETATIVE WATERING (SOD). TOTAL ITEM #5: $ /GAL( (Unit Price Amounts shall be shown in both words and numerals. In case of discrepancy, the amount shown in words shall govern.) 6. 1 LS (170 HAM) IRRIGATION SYSTEM (PERM.) (STUMPY HAMILTON). TOTAL ITEM #6: $ /LS( ) (Unit Price Amounts shall be shown in both words and numerals. In case of discrepancy, the amount shown in words shall govern) 7. 1 LS (170 HD) IRRIGATION SYSTEM (PERM.) (MOSE HOOD). TOTAL ITEM #7: $ /LS( ) (Unit Price Amounts shall be shown in both words and numerals. In case of discrepancy, the amount shown in words shall govern.) 8. a. 416.5 LF (464 2005) RCP (CLASS III) (24"). TOTAL ITEM #8a: $ /LF( ) (Unit Price Amounts shall be shown in both words and numerals. In case of discrepancy, the amount shown in words shall govern.) 8. b. 416.5 LF CORR. HDPE PIPE (24"). TOTAL ITEM #8b: $ /LF( (Unit Price Amounts shall be shown in both words and numerals. In case of discrepancy, the amount shown in words shall govern.) 9. a. 566 LF (464 2009) RCP (CLASS III) (36"). TOTAL ITEM #9a: $ /LF( (Unit Price Amounts shall be shown in both words and numerals. In case of discrepancy, the amount shown in words shall govern.) 9. b. 566 LF CORR. HDPE PIPE (36"). TOTAL ITEM #9b: $ /LF(, (Unit Price Amounts shall be shown in both words and numerals. In case of discrepancy, the amount shown in words shall govern.) 10. 1 EA (465 SPCL 1) JUNCTION BOX (7' X T) (W/ GRATE INLET). TOTAL ITEM # 10: _ _ $ _ _ /EA(_ (Unit Price Amounts shall be shown in both words and numerals. In case of discrepancy, the amount shown in words shall govern.) 11. 1 EA (465 SPCL2) JUNCTION BOX (6' X6') (W/ GRATE INLET) TOTAL ITEM # 11: $ /EA( _ (Unit Price Amounts shall be shown in both words and numerals. In case of discrepancy, the amount shown in words shall govern.) 12. 2 EA (465 2133) 10' INLET (TYPE II) (DOUBLE -SIDED). TOTAL ITEM # 12: $ /EA( ) r (Unit Price Amounts shall be shown in both words and numerals. In case of discrepancy, the amount shown in words shall govern.) Bidder's Initials Estimated Item Quantity No. & Unit Description of Item Total Amount 13. 3 EA (465 SPCL3) AREA INLET (4'X4') (4-SIDED OPEN AREA). TOTAL ITEM 413: $ /EA( (Unit Price Amounts shall be shown in both words and numerals. In case of discrepancy, the amount shown in words shall govem.) 14. 1 EA (465 SPCL4) AREA INLET (5'X5') (4-SIDED OPEN AREA). TOTAL ITEM # 14: $ /EA( ) (Unit Price Amounts shall be shown in both words and numerals. In case of discrepancy, the amount shown in words shall govem.) 15. 1 LS (500 2001) MOBILIZATION (5%). TOTAL ITEM 415: $ /LS( ) (Unit Price Amounts shall be shown in both words and numerals. In case of discrepancy, the amount shown in words shall govem.) 16. 6 MO (502 2001) BARRICADES, SIGNS AND TRAFFIC HANDLING. TOTAL ITEM # 16: $ /MO( ) (Unit Price Amounts shall be shown in both words and numerals. In case of discrepancy, the amount shown in words shall govern.) 17. 20 LF (506 2001) ROCK FILTER DAM (TY 2). TOTAL ITEM # 17: $ ILF( ) (Unit Price Amounts shall be shown in both words and numerals. In case of discrepancy, the amount shown in words shall govem.) 18. 134 SY (506 2016) CONSTRUCTION EXITS (INSTALL) (TY 1). TOTAL ITEM #18: $ /SY( (Unit Price Amounts shall be shown in both words and numerals. In case of discrepancy, the amount shown in words shall govem.) 19. 134 SY (506 2019) CONSTRUCTION EXITS (REMOVE). TOTAL ITEM # 19: $ /SY( ) (Unit Price Amounts shall be shown in both words and numerals. In case of discrepancy, the amount shown in words shall govem.) 20. 55 LF (506 2034) TEMPORARY SEDIMENT CONTROL FENCE. TOTAL ITEM #20: $ /LF( ) (Unit Price Amounts shall be shown in both words and numerals. In case of discrepancy, the amount shown in words shall govern.) 21. 24.5 LF (531 2003) CONC SIDEWALK (6) (6"). TOTAL ITEM #21: $ ILF( ) (Unit Price Amounts shall be shown in both words and numerals. In case of discrepancy, the amount shown in words shall govern.) 22. 43 SY (531 2004) CONC FLUME. TOTAL ITEM #22: --- — _ $ /SY( 1 (Unit Price Amounts shall be shown in both words and numerals. In case of discrepancy, the amount shown in words shall govern.) Bidder's Initials Estimated Item Quantity No. & Unit Description of Item Total Amount 23. 1 LS (TR-1) TREE PROTECTION. TOTAL ITEM #23: $ /LS( (Unit Price Amounts shall be shown in both words and numerals. In case of discrepancy, the amount shown in words shall govem.) 24. 2 EA (STR-1) CONC. HEADWALL WITH STEEL TRASH RACK. TOTAL ITEM #24: $ /EA( ) (Unit Price Amounts shall be shown in both words and numerals. In case of discrepancy, the amount shown in words shall govern.) 25. 2 EA (STR-2) DEBRIS INTERCEPTOR. TOTAL ITEM #25: $ /EAR ) (Unit Price Amounts shall be shown in both words and numerals. In case of discrepancy, the amount shown in words shall govem.) 26. 1 EA (496) REMOVE STRUCTURE (PEDEST. BRIDGE). TOTAL ITEM #26: $ /EA( ) (Unit Price Amounts shall be shown in both words and numerals. In case of discrepancy, the amount shown in words shall govern.) TOTAL BASE BID A, ITEMS #1 - #26 for RCP, includes items 8-a and 9-a: MATERIALS: $ LABOR: $ TOTAL BID ITEMS #1 - #26A: $ (Unit Price Amounts shall be shown in both words and numerals. In case of discrepancy, the amount shown m words shall govern) TOTAL BASE BID B, ITEMS #1 - #26 for CORR. HDPE PIPE, includes items 8-b and 9-b: MATERIALS: $ LABOR: TOTAL BID ITEMS #1 - #2613: $ (Unit Price Amounts shall be shown in both words and numerals. In case of discrepancy, the amount shown in words shall govern.) Bidder's Initials ADDITIVE ALTERNATE ONE: 355 LF (531 2003) CONC SIDEWALK (5) (6") (AVE. Q). TOTAL ITEM: $ /LF( ) (Unit Price Amounts shall be shown in both words and numerals. In case of discrepancy, the amount shown in words shall govern.) TOTAL ADDITIVE ALTERNATE ONE: MATERIALS: $ LABOR: $ TOTAL ADDITIVE ALTERNATE ONE: $ ADDITIVE ALTERNATE TWO: 416.5 LF (SPL-I) CORR. HDPE PIPE (24") IN LIEU OF 24" RCP. TOTAL ITEM: $ /LF( (Unit Price Amounts shall be shown in both words and numerals. In case of discrepancy, the amount shown in words shall govern.) TOTAL ADDITIVE ALTERNATE TWO: MA TOTAL ADDITIVE ALTERNATE TWO: $ ADDITIVE ALTERNATE THREE: 566 LF (SPL-1) CORR. HDPE PIPE (36") IN LIEU OF 36" RCP. TOTAL ITEM: $ /LF( ) (Unit Price Amounts shall be shown in both words and numerals. In case of discrepancy, the amount shown in words shall govem.) TOTAL ADDITIVE ALTERNATE THREE: MATERIALS: $ LABOR: $ TOTAL ADDITIVE ALTERNATE THREE: $ Bidder hereby agrees to commence the work on the above project on a date to be specified in a written "Notice to Proceed" of the Owner and to substantially complete the project within 180 (ONE HUNDRED EIGHTY) CALENDAR DAYS thereafter as stipulated in the specifications and other contract documents. Bidder hereby further agrees to pay to Owner as liquidated damages the sum of $25 (TWENTY-FIVE DOLLARS AND 00/100) for each t consecutive calendar day in excess of the time set forth herein above for completion of this project, all as more fully set forth in the general conditions of the contract documents. Bidder understands and agrees that this bid submittal shall be completed and submitted in accordance with instruction number 28 of the General Instructions to Bidders. Bidder understands that the Owner reserves the right to reject any or all bids and to waive any formality in the bidding. The Bidder agrees that this bid shall be good and may not be withdrawn for a period of thirty (30) calendar days after the scheduled closing time for receiving bids. The undersigned Bidder hereby declares that he has visited the site of the work and has carefully examined the plans, specifications and contract documents pertaining to the work covered by this bid, and he further agrees to commence work on or before the date specified in the written notice to proceed, and to substantially complete the work on which he has bid; as provided in the contract documents. Bidders are required, whether or not a payment or performance bond is required, to submit a cashier's check or certified check issued by a bank satisfactory to the City of Lubbock, or a bid bond from a reliable surety company, payable without recourse to the order of the City of Lubbock in an amount not less than five percent (5%) of the total amount of the bid submitted as a guarantee that bidder will enter into a contract, obtain all required insurance policies, and execute all necessary bonds (if required) within ten (10) business days after notice of award of the contract to him. e` Enclosed with this bid is a Cashier's Check or Certified Check for Dollars ($ ) or a Bid Bond in the sum of Dollars ($ ), which it is agreed shall be collected and retained by the Owner as liquidated damages in the event the bid is accepted by the Owner and the undersigned fails to execute the necessary contract documents, insurance certificates, and the required bond (if any) with the Owner within ten (10) business days after the date of receipt of 4 ' written notification of acceptance of said bid; otherwise, said check or bond shall be returned to the undersigned upon demand. Bidder understands and agrees that the contract to be executed by Bidder shall be bound and include all contract documents made available to him for his inspection in accordance with the Notice to Bidders. Pursuant to Texas Local Government Code 252.043(a), a competitive sealed bid that has been opened may not be changed for the purpose of correcting an error in the bid price. THEREFORE, ANY CORRECTIONS TO THE BID PRICE MUST BE MADE ON THE BID SUBMITTAL FORM PRIOR TO BID OPENING. (Seal if Bidder is a Corporation) ATTEST: Secretary Bidder acknowledges receipt of the following addenda: Addenda No. Date Addenda No. Date Addenda No. Date Addenda No. Date Date: Authorized Signature (Printed or Typed Name) Company Address City, County State Zip Code Telephone: - Fax: - FEDERAL TAX ED or SOCIAL SECURITY No. M/WBE Firm: Woman I I Black American Native American Hispanic American I I Asian Pacific American Other (Specify IG CITY OF LUBBOCK SPECIFICATIONS FOR STUMPY HAMII.,TON AND MOSE HOOD PARK DRAINAGE IMPROVEMENTS PROJECT ITB #09-707-BM Contract # 8816 Plans & Specifications may be obtained from THE REPRODUCTION COMPANY http://pr.thereproductioncompan, Phone: (806) 763-7770 "A City of Planned Progress" CITY OF LUBBOCK Lubbock, Texas Page Intentionally Left Blank CITY OF LUBBOCK INVITATION TO BID FOR TITLE: STUMPY HAMILTON AND MOSE HOOD PARK DRAINAGE IMPROVEMENTS PROJECT ADDRESS: LUBBOCK, TEXAS ITB NUMBER: 09-707-BM Contract # 8816 PROJECT NUMBER: 92024.8304.20000 CONTRACT PREPARED BY: PUBLIC WORKS CONTRACTING OFFICE Page Intentionally Left Blank Dy City of Lubbock, TX Public Works Contracting Office Contractor Checklist for j ITB # 09-707-BM Before submitting your bid, please ensure you have completed and included the following: 1. V Carefully read and understand the plans and specifications and properly complete the BID SUBMITTAL FORM. Bid submittal form MUST �be completed in blue or black ink or by typewriter. Signatures must be original, in blue or black ink, and by hand. Amounts shall be written in both words and numerals and in the event of a discrepancy the amounts written in words shall govern. Include corporate seal and Secretary's signature. Identify addenda received (if any). Include firm's FEDERAL TAX ID number or Owner's SOCIAL SECURITY number. 2. V Include BID BOND or CASHIER'S OR CERTIFIED CHECK as your bid surety. Failure to provide a bid surety WILL result in automatic rejection of your bid. 3. Clearly mark the bid number, title, due date and time and your company name and address on the outside of the envelope or container. 4. Ensure your bid is RECEIVED by the City of Lubbock Public Works Contracting Office prior to the deadline. Late bids will not be accepted. 5. Complete and sign the CITY OF LUBBOCK INSURANCE REQUIREMENT AFFIDAVIT. / This must include the signature of the agent or broker. Contractor's signature must be original. 6. v Complete and sign the SAFETY RECORD QUESTIONNAIRE. All "YES" responses must be explained in detail and submitted with Bid. 7. Complete and sign the SUSPENSION AND DEBARMENT CERTIFICATION. Include firm's / FEDERAL TAX ID number or Owner's SOCIAL SECURITY number. 8. Complete and submit the PROPOSED LIST OF SUB -CONTRACTORS. DOCUMENTS REQUIRED WITHIN TWO BUSINESS DAYS AFTER CLOSING Complete and submit the FINAL LIST OF SUB -CONTRACTORS. FAILURE TO PROVIDE ANY OF THE ABOVE MAY RESULT IN YOUR BID BEING DEEMED NON -RESPONSIVE AND, THEREFORE, NOT FURTHER EVALUATED. PLEASE INCLUDE THIS COMPLETED PAGE AS THE FIRST PAGE OF YOUR BID SUBMITTAL. 40h 41'twiv^ of /twit.; (L+J . (Type or Print Company Name) Page Intentionally Left Blank INDEX 1. NOTICE TO BIDDERS 2. GENERAL INSTRUCTIONS TO BIDDERS 3. BID SUBMITTAL — (must be submitted by published due date & time) 3-1. UNIT PRICE BID SUBMITTAL FORM 3-2. CITY OF LUBBOCK INSURANCE REQUIREMENT AFFIDAVIT 3-3. SAFETY RECORD QUESTIONNAIRE 3-4. SUSPENSION AND DEBARMENT CERTIFICATION 3-5. PROPOSED LIST OF SUB -CONTRACTORS 4. POST -CLOSING DOCUMENT REQUIREMENTS — (to be submitted no later than two business days after the close date when bids are due.) 4-1. FINAL LIST OF SUB -CONTRACTORS 5. PAYMENT BOND 6. PERFORMANCE BOND 7. CERTIFICATE OF INSURANCE 8. CONTRACT 9. GENERAL CONDITIONS OF THE AGREEMENT 10. DAVIS BACON WAGE DETERMINATIONS 11. SPECIAL CONDITIONS (IF APPLICABLE) 12. SPECIFICATIONS No Text NOTICE TO BIDDERS Pate Intentionally Left Blank NOTICE TO BIDDERS ITB # 09-707-BM Sealed bids addressed to Bruce MacNair, Public works Contracting Officer, City of Lubbock, Texas, will be received in the office of the Public works Contracting Officer, Municipal Building, 1625 13th Street, Room 204, Lubbock, Texas, 79401, until 2:00 P.M. on January 28, 2009, or as changed by the issuance of formal addenda to all planholders, to furnish all labor and materials and perform all work for the construction of the following described project: "STUMPY HAMILTON AND MOSE HOOD PARK DRAINAGE IMPROVEMENTS PROJECT" After the expiration of the time and date above first written, said sealed bids will be opened in the office of the Public works Contracting Officer and publicly read aloud. It is the sole responsibility of the bidder to ensure that his bid is actually in the office of the Public works Contracting Officer for the City of Lubbock, before the expiration of the date above first written. Bids are due at 2:00 P.M. on January 28, 20091) and the City of Lubbock City Council will consider the bids on February 12, 2009, at the Municipal Building, 1625 13th Street, Lubbock, Texas, or as soon thereafter as may be reasonably convenient, subject to the right to reject any or all bids and waive any formalities. The successful bidder will be required to furnish a performance bond in accordance with Chapter 2253, Government Code, in the amount of 100% of the total contract price in the event that said contract price exceeds $100,000 and the successful bidder will be required to furnish a payment bond in accordance with Chapter 2253, Government Code, in the amount of 100% of the total contract price in the event that said contract price exceeds $25,000. Said statutory bonds should be issued by a company carrying a current Best Rating of "A" or better. Bidders are required, whether or not a payment or performance bond is required, to submit a cashier's or certified check issued by a bank satisfactory to the City of Lubbock, or a bid bond from a reliable surety company, payable without recourse to the order of the City of Lubbock in an amount not less than 5% of the total amount of the bid submitted as a guarantee that bidder will enter into a contract and execute all necessary bonds (if required) within ten (10) business days after notice of award of the contract to him. FAILURE OF THE BIDDER TO INCLUDE BID SECURITY WITH THE BID SUBMITTAL SHALL CONSTITUTE A NONRESPONSIVE BID AND RESULT IN DISQUALIFICATION OF THE BID SUBMITTAL. It shall be each bidder's sole responsibility to inspect the site of the work and to inform himself regarding all local conditions under which the work is to be done. It shall be understood and agreed that all such factors have been thoroughly investigated and considered in the preparation of the bid submitted. There will be a non -mandatory pre -bid conference on January 13, 2009 at 9:00 A.M., in Committee Room 103, 1625 13th Street, Lubbock, Texas. Bidders may view the plans and specifications without charge at The Reproduction Company, 2102 Avenue Q, Lubbock, Texas 79405 or at http://pr.thereproductioncompany.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 after the opening of bids. Additional sets of plans and specifications may be obtained at the bidder's expense. Attention of each bidder is particularly called to the schedule of general prevailing rate of per diem wages included in the contract documents on file in the office of the Public works Contracting Officer of the City of Lubbock, which document is specifically referred to in this Notice to Bidders. Each bidder's attention is further directed to Texas Government Code, Chapter 2258, Prevailing Wage Rates, and the requirements contained therein concerning the above wage scale and payment by the contractor of the ; prevailing rates of wages as heretofore established by owner in said wage scale. The City of Lubbock hereby notifies bidders that in regard to any contract entered into pursuant to this advertisement, minority and women business enterprises shall be afforded equal opportunities to submit bids in response to this invitation and will not be discriminated against on the grounds of race, color, sex, disability, or national origin in consideration for an award. The City of Lubbock does not discriminate against persons with disabilities. City of Lubbock pre -bid meetings and bid openings are available to all persons regardless of disability. If you require special assistance, please contact the Public Works Contracting Office at (806) 775-2163 or write to Post Office Box 2000, Lubbock, Texas 79457 at least 48 hours in advance of the meeting. CITY OF LUBBOCK 1 BRUCE MACNAIR PUBLIC WORKS CONTRACTING OFFICER C r GENERAL INSTRUCTIONS TO BIDDERS Page Intentionally Left Blank f t GENERAL INSTRUCTIONS TO BIDDERS BID DELIVERY TIME & DATE 1.1 The City of Lubbock is seeking written and sealed competitive bids to famish STUMPY HAMILTON AND MOSE HOOD PARK DRAINAGE IMPROVEMENTS PROJECT per the attached specifications and contract documents. Sealed bids will be received no later than 2:00 P.M., on January 28, 2009 at the office listed below. Any bid received after the date and hour specified will be rejected and returned unopened to the bidder. Each bid and supporting documentation must be in a sealed envelope or container plainly labeled in the lower left-hand corner: "ITB # 09-707-BM, STUMPY HAMILTON AND MOSE HOOD PARK DRAINAGE IMPROVEMENTS PROJECT" and the bid opening date and time. Bidders must also include their company name and address on the outside of the envelope or container. Bids must be addressed to: Bruce MacNair, Public Works Contracting Officer City of Lubbock 1625 13th Street, Room 204 Lubbock, Texas 79401 1.2 Bidders are responsible for making certain bids are delivered to the Public Works Contracting Office. Mailing of a bid does not ensure that the bid will be delivered on time or delivered at all. If bidder does not hand deliver bid, we suggest that he/she use some sort of delivery service that provides a receipt. 1.3 Bids will be accepted in person, by United States Mail, by United Parcel Service, or by private courier service. No bids will be accepted by oral communication, telephone, electronic mail, telegraphic transmission, or telefacsimile transmission. THE CITY WILL NOT ACCEPT FAX BIDS. 1.4 The City of Lubbock reserves the right to postpone the date and time for opening bids through an addendum. 2 PRE -BID MEETING 2.1 For the purpose of familiarizing bidders with the requirements, answering questions, and issuing addenda as needed for the clarification of the Invitation to Bid (ITB) documents, a non -mandatory pre -bid meeting will be held at 9:00 A.M., on January 13, 2009 in Committee Room 103, 1625 13`h Street, Lubbock, Texas. All persons attending the meeting will be asked to identify themselves and the prospective bidder they represent. 2.2 It is the bidder's responsibility to attend the pre -bid meeting though the meeting is not mandatory. The City will not be responsible for providing information discussed at the pre -bid meeting to bidders who do not attend the pre -bid meeting. 3 ADDENDA & MODIFICATIONS 3.1 Any changes, additions, or clarifications to the ITB are made by ADDENDA information available over the Internet at 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 bidder in doubt as to the true meaning of any part of the specifications or other documents may request an interpretation thereof from the Public Works Contracting Office. At the request of the bidder, or in the event the Public Works Contracting Office deems the interpretation to be substantive, the interpretation will be made by written addendum issued by the Public Works Contracting Office. Such addenda issued by the Public Works Contracting Office will be available over the Internet at www.bidsync.com and wiII become part of the bid package having the same binding effect as provisions of the original ITB. NO VERBAL EXPLANATIONS OR INTERPRETATIONS WILL BE BINDING. In order to have a request for interpretation considered, the request must be submitted in writing and must �- be received by the City of Lubbock Public Works Contracting Office no later than five (5) calendar days before the bid closing date. I I._, 3.3 All addenda, amendments, and interpretations of this solicitation shall be in writing. The City of Lubbock shall not be legally bound by any amendment or interpretation that is not in writing. Only information supplied by the City of Lubbock Public Works Contracting Office in writing or in this ITB should be used in preparing bid responses. All contacts that a bidder may have had before or after receipt of this ITB with any individuals, employees, or representatives of the City and any information that may have been read in any news media or seen or heard in any communication facility regarding this bid should be disregarded in preparing responses. 3.4 The City does not assume responsibility for the receipt of any addendum sent to bidders. 4 EXAMINATION OF DOCUMENTS AND REQUIREMENTS 4.1 Each bidder shall carefully examine all ITB documents and thoroughly familiarize itself with all requirements before submitting a bid to ensure that their bid meets the intent of these specifications. 4.2 Before submitting a bid, each bidder shall be responsible for making all investigations and examinations that are necessary to ascertain conditions and requirements affecting the requirements of this Invitation to Bid. Failure to make such investigations and examinations shall not relieve the bidder from obligation to comply, in every detail, with all provisions and requirements of the Invitation to Bid. 4.3 Notices of any discrepancies or omissions in these plans, specifications, or contract documents, shall be given to the Public works Contracting Officer and a clarification obtained before the bids are received, and if no such notice is received by the Public works Contracting Officer prior to the opening of bids, then it shall be deemed that the bidder fully understands the work to be included and has provided sufficient sums in its bid to complete the work in accordance with these plans and specifications. If bidder does not notify Public works Contracting Officer before bidding of any discrepancies or omissions, then it shall be deemed for all purposes that the plans and specifications are sufficient and adequate for completion of the project. It is further agreed that any request for clarification must be submitted no later than five (5) calendar days prior to the opening of bids. BID PREPARATION COSTS 5.1 Issuance of this ITB does not commit the City of Lubbock, in any way, to pay any costs incurred in the preparation and submission of a bid. 5.2 The issuance of this ITB does not obligate the City of Lubbock to enter into contract for any services or equipment. 5.3 All costs related to the preparation and submission of a bid shall be paid by the bidder. 6 TRADE SECRETS CONFIDENTIAL INFORMATION AND THE TEXAS PUBLIC INFORMATION ACT 6.1 If you consider any portion of your bid to be privileged or confidential by statute or judicial decision, including trade secrets and commercial or financial information, clearly identify those portions. 6.2 The City of Lubbock will honor your notations of trade secrets and confidential information and decline to release such information initially, but please note that the final determination of whether a particular portion of your bid is in fact a trade secret or commercial or financial information that may be withheld from public inspection will be made by the Texas Attorney General or a court of competent jurisdiction. In the event a public information request is received for a portion of your bid that you have marked as being confidential information, you will be notified of such request and you will be required to justify your legal position in writing to the Texas Attorney General pursuant to Section 552.305 of the Government Code. In the event that it is determined by opinion or order of the Texas Attorney General or a court of competent jurisdiction that such information is in fact not privileged and confidential under Section 552.110 of the Government Code and Section 252.049 of the Local Government Code, then such information will be made available to the requester. 6.3 Marking your entire bid CONFIDENTIAUPROPRIETARY is not in conformance with the Texas Open Records Act. 7 LICENSES, PERMITS, TAXES The price or prices for the work shall include full compensation for all taxes, permits, etc. that the bidder is or may be required to pay. 8 UTILIZATION OF LOCAL BUSINESS RESOURCES Prospective bidders are strongly encouraged to explore and implement methods for the utilization of local resources, and to outline in their bid submittal how they would utilize local resources. 9 CONFLICT OF INTEREST 9.1 The bidder shall not offer or accept gifts or anything of value nor enter into any business arrangement with any employee, official or agent of the City of Lubbock. 9.2 By signing and executing this bid, the bidder certifies and represents to the City the bidder has not offered, conferred or agreed to confer any pecuniary benefit or other thing of value for the receipt of special treatment, advantage, information, recipient's decision, opinion, recommendation, vote or any other exercise of discretion concerning this bid. 10 CONTRACT DOCUMENTS 10.1 All work covered by the contract shall be done in accordance with contract documents described in the General Conditions. 10.2 All bidders shall be thoroughly familiar with all of the requirements set forth on the contract documents for the construction of this project and shall be responsible for the satisfactory completion of all work contemplated by said contract documents. 11 PLANS FOR USE BY BIDDERS It is the intent of the City of Lubbock that all parties with an interest in submitting a bid on the project covered by the contract documents be given a reasonable opportunity to examine the documents and prepare a bid without charge or forfeiture of deposit. The contract documents may be examined without charge as noted in the Notice to Bidders. 12 BIDDER INQUIRIES AND CLARIFICATION OF REQUIREMENTS 12.1 It is the intent and purpose of the City of Lubbock that this request permit competitive bids. It shall be (' the bidder's responsibility to advise the Public works Contracting Officer if an} language, requirements, etc., or any combinations thereof, inadvertently restricts or limits the requirements stated in this ITB to a single source. Such notification must be submitted in writing and must be received by the City of Lubbock Public Works Contracting Office no later than five (5) calendar days before the bid closing date. A review of such notifications will be made. 12.2 NO BIDDER SHALL REQUEST ANY INFORMATION VERBALLY. ALL REQUESTS FOR ADDITIONAL INFORMATION OR CLARIFICATION CONCERNING THIS INVITATION TO BID (ITB) MUST BE SUBMITTED IN WRITING NO LATER THAN FIVE (5) CALENDAR DAYS PRIOR TO THE BID CLOSING DATE AND ADDRESSED TO: BRUCE MACNAIR, PUBLIC WORKS CONTRACTING OFFICER City of Lubbock Public Works Contracting Office 1625 IP Street, Room 204 Lubbock, Texas 79401 Fax: 806-775-2164 Email: bmacnairnmvlubbock.us Bidsync: www.bidsvnc.com 13 14 15 16 17 I TIME AND ORDER FOR COMPLETION 13.1 The construction covered by the contract documents shall be substantially completed within ONE HUNDRED EIGHTY (180) CALENDAR DAYS from the date specified in the Notice to Proceed issued by the City of Lubbock to the successful bidder. 13.2 The Contractor will be permitted to prosecute the work in the order of his own choosing, provided, however, the City reserves the right to require the Contractor to submit a progress schedule of the work contemplated by the contract documents. In the event the City requires a progress schedule to be submitted, and it is determined by the City that the progress of the work is not in accordance with the progress schedule so submitted, the City may direct the Contractor to take such action as the City deems necessary to ensure completion of the project within the time specified. PAYMENT All payments due to Contractor shall be made in accordance with the provisions of the General Conditions of the contract documents. 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 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. GUARANTEES 17.1 All equipment and materials incorporated in the project and all construction shall be guaranteed against defective materials and workmanship. Prior to final acceptance, the Contractor shall furnish to the Owner, a written general guarantee which shall provide that the Contractor shall remedy any defects in the work, and pay for any and all damages of any nature whatsoever resulting in such defects, when such defects appear within ONE year from date of final acceptance of the work as a result of defective materials or workmanship, at no cost to the Owner (City of Lubbock). 17.2 Notwithstanding any provisions contained in the contractual agreement, the Contractor represents and warrants fault -free performance and fault -free result in the processing date and date -related data (including, but not limited to calculating, comparing and sequencing) of all hardware, software and firmware products delivered and services provided under this Contract, individually or in combination, as the case may be from the effective date of this Contract. Also, the Contractor warrants calculations will be recognized and accommodated and will not, in any way, result in hardware, software or firmware failure. The City of Lubbock, at its sole option, may require the Contractor, at any time, to demonstrate the procedures it intends to follow in order to comply with all the obligations contained herein. 17.3 The obligations contained herein apply to products and services provided by the Contractor, its sub- contractor or any third party involved in the creation or development of the products and services to be delivered to the City of Lubbock under this Contract. Failure to comply with any of the obligations contained herein, may result in the City of Lubbock availing itself of any of its rights under the law and under this Contract including, but not limited to, its right pertaining to termination or default. 4 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 r 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 ten sets of plans and specifications and related C contract documents for use during construction. Plans and specifications for use during construction will only be furnished directly to the Contractor. The Contractor shall then distribute copies of plans and specifications to suppliers, subcontractors or others, as required for proper prosecution of the work contemplated by the Contractor. 19 PROTECTION OF THE WORK The Contractor shall be responsible for the care, preservation, conservation, and protection of all materials, :. supplies, machinery, equipment, tools, apparatus, accessories, facilities, and all means of construction, and any and all parts of the work whether the Contractor has been paid, partially paid, or not paid for such work, until the date the City issues its certificate of completion to Contractor. The City reserves the right, after the bids have been opened and before the contract has been awarded, to require of a bidder the following information: (a) The experience record of the bidder showing completed jobs of a similar nature to the one covered by the intended contract and all work in progress with bond amounts and percentage completed. (b) A sworn statement of the current financial condition of the bidder. (c) Equipment schedule. 20 TEXAS STATE SALES TAX 20.1 This contract is issued by an organization which qualifies for exemption provisions pursuant to provisions of Article 20.04 of the Texas Limited Sales, Excise and Use Tax Act. ' 20.2 The Contractor must obtain a limited sales, excise and use tax permit which shall enable him to buy the materials to be incorporated into the work without paying the tax at the time of purchase. 21 PROTECTION OF SUBSURFACE LINES AND STRUCTURES It shall be the Contractor's responsibility to prosecute the work contemplated by the contract documents in such a way as to exercise due care to locate and prevent damage to all underground pipelines, utility lines, conduits or other underground structures which might or could be damaged by Contractor during the construction of the project contemplated by these contract documents. The City of Lubbock agrees that it will furnish Contractor the location of all such underground lines and utilities of which it has knowledge. However, such fact shall not relieve the Contractor of his responsibilities aforementioned. All such underground lines or structures cut or damaged by Contractor during the prosecution of the work contemplated by this contract shall be repaired immediately by Contractor to the satisfaction of the City of Lubbock, Texas, at Contractor's expense. 22 BARRICADES AND SAFETY MEASURES The contractor shall, at his own expense, furnish and erect such barricades, fences, lights and danger signals, and shall take such other precautionary measures for the protection of persons, property and the work as may be necessary. The Contractor will be held responsible for all damage to the work due to failure of barricades, signs, and lights to protect it, and when damage is incurred, the damaged portion shall be immediately removed and replaced by Contractor at his own cost and expense. The Contractor's responsibility for maintenance of barricades, signs, and lights shall not cease until the date of issuance to Contractor of City's certificate of acceptance of the project. 23 EXPLOSIVES 23.1 The use of explosives will not be permitted unless written permission to do so is obtained by the Contractor from the City. In all cases where written permission is obtained for the use of explosives, the Contractor shall assume full responsibility for all damage, which may occur as a direct or indirect result of the blasting. In addition, in all cases where explosives are authorized to be used, the Contractor shall use utmost care so as not to endanger life or property and the Contractor shall further use only such methods as are currently utilized by persons, firms, or corporations engaged in similar type of construction activity. x, 23.2 Explosive materials shall not be stored or kept at the construction site by the Contractor. 23.3 In all cases where explosives are to be used during the construction of the project contemplated by this contract, it shall be the duty of the Contractor to notify each utility company having structures (above or below the ground) in proximity to the site of the work of Contractor's intention to use explosives, and such notice shall be given sufficiently in advance to enable the companies to take such steps as they may deem necessary to protect their property from injury. Such notice, however, shall not relieve the Contractor of responsibility for any damage resulting from his blasting operations. 24 CONTRACTOR'S REPRESENTATIVE The successful bidder shall be required to have a responsible local representative available at all times while the work is in progress under this contract. The successful bidder shall be required to furnish the name, address and telephone number where such local representative may be reached during the time that the work contemplated by this contract is in progress. 25 INSURANCE 25.1 The Contractor shall not commence work under this contract until he has obtained all insurance as required in the General Conditions of the contract documents, from an underwriter authorized to do business in the State of Texas and satisfactory to the City. Proof of coverage shall be furnished to the City and written notice of cancellation or any material change will be provided ten (10) days in advance of cancellation or change. All policies shall contain an agreement on the part of the insurer waiving the right to subrogation. The Contractor shall procure and carry at his sole cost and expense through the life of this contract, insurance protection as hereinafter specified. Coverage in excess of that specified herein also shall be acceptable. Such insurance shall be carried with an insurance company authorized to transact business in the State of Texas and shall cover all operations in connection with this contract, whether performed by the Contractor or a subcontractor, or separate policies shall be provided covering the operation of each subcontractor. A certificate of insurance specifying each and 'all coverages shall be submitted before contract execution. 25.2 PROOF OF COVERAGE SHALL BE FURNISHED TO THE CITY OF LUBBOCK IN THE FORM OF A CERTIFICATE OF INSURANCE. THE INSURANCE CERTIFICATES FURNISHED SHALL NAME THE CITY OF LUBBOCK AS A PRIMARY ADDITIONAL INSURED AND PROVIDE A WAIVER OF SUBROGATION IN FAVOR OF THE CITY OF LUBBOCK AS REQUIRED BELOW, OR IN THE ALTERNATIVE, SHALL BE ACCOMPANIED BY A STATEMENT FROM THE CONTRACTOR TO THE EFFECT THAT NO WORK ON THIS PARTICULAR PROJECT SHALL BE SUBCONTRACTED. IT SHALL BE THE CONTRACTOR'S RESPONSIBILITY TO PROVIDE TO THE OWNER ALL PROOF OF COVERAGE INSURANCE DOCUMENTS INCLUDING WORKERS COMPENSATION COVERAGE FOR EACH SUBCONTRACTOR 26 LABOR AND WORKING HOURS 26.1 Attention of each bidder is particularly called to the schedule of general prevailing rate of per diem wages included in these contract documents. The wage rate that must be paid on this project shall not be less than specified in the schedule of general prevailing rates of per diem wages as above mentioned. The bidders' attention is further directed to the requirements of Texas Government Code, Chapter 2258, Prevailing Wage Rates providing for the payment of the wage schedules above mentioned and the bidder's obligations thereunder. The inclusion of the schedule of general prevailing rate of per diem wages in the contract documents does not release the Contractor from compliance with any wage law that may be applicable. Construction work under the contract requiring an inspector shall not be performed on weekends or holidays unless the following conditions exist: 26.1.1 The project being constructed is essential to the City of Lubbock's ability to provide the necessary service to its citizens. 26.1.2 Delays in construction are due to factors outside the control of the Contractor. The Contractor is approaching the penalty provisions of the contract and Contractor can show he has made a diligent effort to complete the contract within the allotted time. 26.2 Before construction work requiring an inspector is to be performed on weekends or holidays, the L , Contractor must notify the Owner's Representative not less than three full working days prior to the weekend or holiday he desires to do work and obtain written permission from the Owner's Representative to do such work. The final decision on whether to allow construction work requiring an inspector on weekends or holidays will be made by the Owner's Representative. 26.3 In any event, if a condition should occur or arise at the site of this project or from the work being done under this contract which is hazardous or dangerous to property or life, the Contractor shall immediately commence work, regardless of the day of the week or the time of day, to correct or alleviate such condition so that it is no longer dangerous to property or life. 27 PAYMENT OF EMPLOYEES AND FILING OF PAYROLLS The contractor and each of his subcontractors shall pay each of his employees engaged in work on the project under this contract in full (less mandatory legal deductions) in cash, or by check readily cashable without discount, not less often than once each week. The Contractor and each of his subcontractors engaged at the site of the work shall not later than the seventh day following the payment of wages, file with the Owner's Representative, or Engineer, a certified, sworn, legible copy of such payroll. This shall contain the name of each employee, his classification, the number of hours worked on each day, rate of pay, and net pay. The affidavit shall state that the copy is a true and correct copy of such payroll, that no rebates or deductions (except as shown) have been made, or will in the future be made from the wages paid as shown thereon. The Contractor must classify employees according to one of the classifications set forth in the schedule of general prevailing rate of per diem wages, which schedule is included in the contract documents. The Contractor shall forfeit as a penalty to the City of Lubbock on whose behalf this contract is made, sixty dollars for each laborer, workman, or mechanic employed for each calendar day, or portion thereof, such laborer, workman or mechanic is paid less than the wages assigned to his particular classification as set forth in the schedule of general prevailing rate of per diem wages included in these contract documents. 28 PROVISIONS CONCERNING ESCALATION CLAUSES Bids submitted containing any conditions which provide for changes in the stated bid price due to increases or decreases in the cost of materials, labor or other items required for the project will be rejected and returned to the bidder without being considered. 29 PREPARATION FOR BID 29.1 The bidder shall submit his bid on forms furnished by the City. All blank spaces in the form shall be correctly filled in and the bidder shall state the price both in words and numerals, for which he intends to do the work contemplated or furnish the materials required. Such prices shall be written in ink, distinctly and legibly, or typewritten. In case of discrepancy between the price written in words and the price written in figures, the price written in words shall govern. 29.2 If the bid is submitted by an individual, his name must be signed by him or his duly authorized agent. If a bid is submitted by a firm, association, or partnership, the name and address of each member must be given and the bid signed by a member of the firm, association or partnership, or person duly authorized. If the bid is submitted by a company or corporation, the company or corporate name and business address must be given, and the bid signed by an official or duly authorized agent. Powers of attorney authorizing agents or others to sign bids must be properly certified and must be in writing and submitted with the bid. The bid shall be executed in ink. 29.3 Each bid shall be enclosed in a sealed envelope, addressed as specified in the Notice to Bidders, and endorsed on the outside of the envelope in the following manner: 30 31 29.3.1 Bidder's name 29.3.2 Bid for (description of the project [bid number and title]). 29.4 Bid submittals may be withdrawn and resubmitted at any time before the time set for opening of the bids, but no bid may be withdrawn or altered thereafter. 29.5 Pursuant to Texas Local Government Code 252.043(g), a competitive sealed bid that has been opened may not be changed for the purpose of correcting an error in the bid price. THEREFORE, ANY CORRECTIONS TO THE BID PRICE MUST BE MADE ON THE BID SUBMITTAL -r FORM PRIOR TO BID OPENING. BOUND COPY OF CONTRACT DOCUMENTS Bidder understands and agrees that the contract to be executed by bidder shall be bound and will include the following: (a) Notice to Bidders. (b) General Instructions to Bidders. (c) Bidder's Submittal. (d) Statutory Bonds (if required). (e) Contract Agreement. (f) General Conditions. (g) Special Conditions (if any). (h) Specifications. (i) Insurance Certificates for Contractor and all Sub -Contractors. 0) All other documents made available to bidder for his inspection in accordance with the Notice to Bidders. If Plans and Specifications are too bulky or cumbersome to be physically bound, they are to be considered incorporated by reference into the aforementioned contract documents. QUALIFICATIONS OF BIDDERS The bidder may be required before the award of any contract to show to the complete satisfaction of the City of Lubbock that it has the necessary facilities, ability, and financial resources to provide the service specified therein in a satisfactory manner. The bidder may also be required to give a past history and references in order to satisfy the City of Lubbock about the bidder's qualifications. The City of Lubbock may make reasonable investigations deemed necessary and proper to determine the ability of the bidder to perform the work, and the bidder shall furnish to the City of Lubbock all information for this purpose that may be requested. The bidder's bid may be deemed not to meet specifications or the bid may be rejected if the evidence submitted by, or investigation of, the bidder fails to satisfy the City of Lubbock that the bidder is properly qualified to carry out the obligations of the contract and to complete the work described therein. Evaluation of the bidder's qualifications shall include: (a) The ability, capacity, skill, and financial resources to perform the work or provide the service required. (b) The ability of the bidder to perform the work or provide the service promptly or within the time specified, without delay or interference. (c) The character, integrity, reputation, judgment, experience, and efficiency of the bidder. (d) The quality of performance of previous contracts or services. (e) The safety record of the Contractor and proposed Sub -Contractors Before contract award, the recommended contractor for this project may be required to show that he has experience with similar projects that require the Contractor to plan his work efforts and equipment needs with City of Lubbock specifications in mind. Demonstration of experience shall include a complete list of ALL similar municipal and similar non -municipal current and completed projects for the past three (3) years for review. This list shall include the names of supervisors and type of equipment used to perform work on these projects. In addition, the Contractor may be required to provide the name(s) of supervisor(s) that will be used to perform work on this project in compliance with City of Lubbock specifications herein. 32 BID AWARD 32.1 The City of Lubbock reserves the right to reject any or all bids, reject any particular item on a bid, and to waive immaterial formalities and to accept the offer most advantageous to the City of Lubbock in its sole discretion. Unless otherwise specified herein, the City shall award the bid based on the total bid for Bid Items one through twenty-six plus the sum of any Alternate Bids or Options the City may select. 1 32.2 All bids are evaluated for compliance with specifications before the bid price is considered. Response to i-° specifications is primary in determining the best low bid. Failure to comply with the specifications may a result in disqualification of the bid. 32.3 In case of tie bids, preference will be given to local bidders. Consistent and continued tie bidding may be cause for rejection of bids by the City of Lubbock and/or investigation by the Attorney General to determine possible Anti -Trust violations. 32.4 Before the City may award a bid to a nonresident bidder, the nonresident bidder's bid must be lower than lowest bid submitted by a responsible Texas bidder by the same margin or amount that a Texas bidder would be required to underbid the nonresident bidder in the nonresident bidders' home state. 32.5 Any contract made, or purchase order issued, as a result of this Invitation to Bid, shall be entered into the State of Texas and under the laws of the State of Texas. In connection with the performance of work, the Bidder agrees to comply with the Fair Labor Standard Act, Equal Opportunity Employment Act, and all other applicable Federal, State, and Local laws, regulations, and executive orders to the extent that the same may be applicable. 32.6 NO INDIVIDUAL OF ANY USING DEPARTMENT HAS THE AUTHORITY TO LEGALLY - AND/OR FINANCIALLY COMMIT THE CITY TO ANY CONTRACT, AGREEMENT OR PURCHASE ORDER FOR GOODS OR SERVICES, UNLESS SPECIFICALLY SANCTIONED BY THE REQUIREMENTS OF THIS INVITATION TO BID. 33 ANTI -LOBBYING PROVISION 33.1 DURING THE PERIOD BETWEEN THE BID CLOSE DATE AND THE CONTRACT AWARD, BIDDERS, INCLUDING THEIR AGENTS AND REPRESENTATIVES, SHALL NOT DIRECTLY DISCUSS OR PROMOTE THEIR BID WITH ANY MEMBER OF THE LUBBOCK CITY COUNCIL OR CITY STAFF EXCEPT IN THE COURSE OF CITY - SPONSORED INQUIRIES, BRIEFINGS, INTERVIEWS, OR PRESENTATIONS, UNLESS REQUESTED BY THE CITY. 33.2 This provision is not meant to preclude bidders from discussing other matters with City Council members or City staff. This policy is intended to create a level playing field for all potential bidders, assure that contract decisions are made in public, and to protect the integrity of the bid process. Violation of this provision may result in rejection of the bidder's bid. 34 PREVAILING WAGE RATES 34.1 Bidders are required to comply with Texas Government Code, Chapter 2258, Prevailing Wage Rates, with respect to the payment of prevailing wage rates for the construction of a public work, including a building, highway, road, excavation, and repair work or other project development or 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. 34.2 A worker employed on a public work by or on behalf of the City of Lubbock shall be paid not less than the general prevailing rate of per diem wages for the work of a similar character in the locality in which the work is performed, and not less than the general prevailing rate of per diem wages for legal holiday and overtime work. 34.3 The State of Texas has adopted the Federal Davis -Bacon wage rates for use in Texas pursuant to and in accordance with the Texas Government Code, Section 2258.022. Bidders may access the U. S. Department of Labor web site at the following web address to obtain the rates to be used in Lubbock County: hqp://www.gpo.g,ov/davisbacon/allstates.htrnl 34.4 It shall be the responsibility of the successful bidder to obtain the proper wage rates from the web site for the type of work defined in the bid specifications. s 34.5 A contractor or subcontractor who violates Texas Government Code Section 2258.023 shall pay to the City of Lubbock $60 for each worker employed for each calendar day or part of the day that the worker is paid less than the wage rates stipulated in the contract. BID SUBMITTAL FORM Patze Intentionally Left Blank *** REVISED *** BID SUBMITTAL FORM UNIT PRICE BID CONTRACT DATE: 24, Z004 PROJECT NUMBER: 09-707-BM — STUMPY HAMILTON AND MOSE HOOD PARK DRAINAGE IMPROVEMENTS Bid of Uf;(;{v tay4 tapfs aI: Awmet a . l,1tl : (hereinafter called Bidder) To the Honorable Mayor and City Council City of Lubbock, Texas (hereinafter called Owner) Ladies and Gentlemen: The Bidder, in compliance with your Invitation to Bid for the construction of STUMPY HAMILTON AND MOSE HOOD PARK DRAINAGE IMPROVEMENTS PROJECT, having carefully examined the plans, specifications, instructions to bidders, notice to bidders and all other related contract documents and the site of the intended work, and being familiar with all of the conditions surrounding the construction of the intended project including the availability of materials and labor, hereby intends to fumish all labor, materials, and supplies; and to construct the project in accordance with the plans, specifications and contract documents, within the time set forth therein and at the price stated below. The bidder binds himself on acceptance of his bid to execute a contract and any required bonds, according to the accompanying forms, for performing and completing the said work within the time stated and for the prices stated below. Estimated Item Quantity No. & Unit Description of Item Total Amount 2,006 SY (104 2017) REMOVE CONC (CHANNEL). TOTAL ITEM # 1: it.. l Awrr $ 00 /SY( lt, 0 1.p0 ) (Unit Price Amounts shall be shown in both words and numerals. In case of discrepancy, the amount shown in words shall govern.) 36 SY (104 2028) REMOVE CONC (HEADWALLS & WINGWALLS) TOTAL ITEM #2: R- - R- 06ilars $ as p /SY( 3,060. �� ) (Unit Price Amounts all be shown in both words and numerals. In case of discrepancy, the amount shown in words shall govern.) 1,389 CY (132 2001) EMBANKMENT (FINAL)(ORD COMP)(TY B) . TOTAL ITEM #3: TMty 0616 s $ 20 .of /CY( Z7,180 °' ) (Unit Price Amounts shall be shown in both words and numerals. In case of discrepancy, the amount shown in words shall govem.) 4. 5,920 SY (162 2002) BLOCK SODDING. TOTAL ITEM #4: Fig $ S.°° /SY( 29 `b00.° ) (Unit Price Amounts shall be shown in both words and numerals. In case of discrepancy, the amount shown in words shall govem.) CF Bidder's Initials Item Estimated No. Quantity & Unit Description of Item Total Amount 5. 100,000 GAL (168) VEGETATIVE WATERING (SOD). TOTAL ITEM #5: e.«. bait s wd +&4 fuels $ 0.10 /GAL( 10rwv,00 ) m , (Unit Price Amounts shall be shown in both words and numerals. In case of discrepancy, the amount shown in words shall govern.) 6. 1 LS (170 HAM) IRRIGATION SYSTEM (PERM.) (STUMPY HAMILTON). TOTAL ITEM #6: I;t4i1' m, 1T&u,.wd Fy K.4,4A Nllcvt $ i8.5pD °° /LS( 19 Frao0 ao ) (Unit Price Amount shall be shown in both words and numerals. In case of discrepancy; the amount shown in words shall govern.) 7. 1 LS (170 HD) IRRIGATION SYSTEM (PERM.) (MOSE HOOD). TOTAL ITEM #7: I;iel►fieun -L..w4A Vivo ..1 DA,,t $ 18,500 r /LS( Iftao.'' ) (Unit Price Amounts all be shown in both words and numerals. In case of discrepancy, the amount shown in words shall govern.) 8. a. 416.5 LF (464 2005) RCP (CLASS III) (24"). TOTAL ITEM #8a: FTIT% .Ilan $'50_ , /LF( 2o.82C.bv (Unit Price Amounts shall be shown in both words and numerals. In case of discrepancy, the amount shown in words shall govern.) 8. b. 416.5 LF CORR. HDPE PIPE (24"). TOTAL ITEM #8b: `l-r+a - Fiv` b.d .,. $ 3S 00 /LF( 1q._ 511, so ) (Unit Price Amounts shall be shown in both words and numerals. In case of discrepancy, the amount shown in words shall govern.) 9. a. 566 LF (464 2009) RCP (CLASS III) (36"). TOTAL ITEM #9a: E1.1,.+. - Rv.. 0.16JI $ M." /LF( 4.0,110 r ) (Unit Price Amounts shall be shown in both words and numerals. In case of discrepancy, the amount shown in words shall govern.) 9. b. 566 LF CORR. HDPE PIPE (36"). TOTAL ITEM #9b: R4., Rv.. ELM,.- $ SS w /LF( 761 , 130 °o ) (Unit Price Amounts shall be shown in both words and numerals. In case of discrepancy, the amount shown in words shall govern.) 10. 1 EA (465 SPCL1) JUNCTION BOX (TX T) (W/ GRATE INLET). TOTAL ITEM # 10: 71;►1,,te .ti 0,116w $10 000 _ * /EA( 10 j900 p ) (Unit Price Amounts shall be shown in both words and numerals. In case of discrepancy, the amount shown in words shall govern.) 11. 1 EA (465 SPCL2) JUNCTION BOX (6' X6') (W/ GRATE INLET) TOTAL ITEM #N : KL..TM.ttaa.A 01.16, $ upy, to /EA( q, 00.00 ) (Unit Price Amounts shall be shown in both words and numerals. In case of discrepancy, the amount shown in words shall govem.) 12. 2 EA (465 2133) 10' INLET (TYPE II) (DOUBLE -SIDED). TOTAL ITEM #] 2:11'M°t,16, tnd Fiv. u.u..,1rv,�t 1i.11°ws $ 3�500 of /EA( 1, OQO.°° ) (Unit Price Amounts shall be shown in both words and numerals. In case of discrepancy, the amount shown in words shall govern.) C13 Bidder's Initials Estimated C Item Quantity No. & Unit Description of Item Total Amount r 13. 3 EA (465 SPCL3) AREA INLET (4'X4') (4-SIDED OPEN AREA). TOTAL ITEM #13: Ta. 6n,,.4 (•iw. 2,Soa." /EA( `11S00 .°' ) (Unit Price Amounts shall be shown in both words and numerals. In case of discrepancy, the amount shown in words shall govern.) 14. 1 EA (465 SPCL4) AREA INLET (5'X5') (4-SIDED OPEN AREA). TOTAL ITEM # 14:_Tw. 'TGr �ot,K( Sa.r." &161 tm" $ � �iSe ~ /EA( Z��Sb •" ) (Unit Price Amounts shall be shown in both words and numerals. In case of discrepancy, the amount shown in words shall govern.) 15. 1 LS (500 2001) MOBILIZATION (5%). TOTAL ITEM #15:Tkmu,.( Vi., &m.A A b Lwc $ V.-Soo" /LS( 12,1500 ) (Unit Price Amounts shall be shown in both words and numerals. In case of discrepancy, the amount shown in words shall govem.) 16. 6 MO (502 2001) BARRICADES, SIGNS AND TRAFFIC HANDLING. TOTAL ITEM #16: Qm 16,j,0,,,d&,,, HwW-6..d D.L4 $1,SvD" /MO( %fte." ) (Unit Price Amounts shall be shown in both words and numerals. In case of discrepancy, the amount shown in words shall govern.) 17. 20 LF (506 2001) ROCK FILTER DAM (TY 2). TOTAL ITEM #17: F;fty- l-iw t.0eves $ 55 r' /LF( 1,1e0 `� ) (Unit Price Amounts shall be shown in both words and numerals. In case of discrepancy, the amount shown in words shall govern.) 18. 134 SY (506 2016) CONSTRUCTION EXITS (INSTALL) (TY 1). TOTAL ITEM #18: T." $ 20:* /SY( Z, 460. 0 ) (Unit Price Amounts shall be shown in both words and numerals. In case of discrepancy, the amount shown in words shall govern.) 19. 134 SY (506 2019) CONSTRUCTION EXITS (REMOVE). TOTAL ITEM #19: C-inirl- A.Il,.ry $ 6.01 /SY( l.0'12. ' ) ('U.:it Price Amounts shall be shown in both words and numerals. In case of discrepancy, the amount shown in words shall govem.) 20. 55 LF (506 2034) TEMPORARY SEDIMENT CONTROL FENCE. TOTAL ITEM #20: Et•.►} h.L ., $ 0." /LF( 44g.9' ) (Unit Price Amountsshall be shown in both words and numerals. In case of discrepancy, the amount shown in words shall govern.) 21. 24.5 LF (531 2003) CONC SIDEWALK (6') (6"). TOTAL ITEM #21: %%- Rw r%liors $ 6S - /LF( 1.642, So ) (Unit Price Amounts shall be shown in both words and numerals. In case of discrepancy, the amount shown in words shall govern.) 22. 43 SY (531 2004) CONC FLUME. TOTAL ITEM #22: Im Aw�.twd T...A r - GPre. N6., $ 'SIG-r /SY( 13,41-yo ) (Unit Price Amounts shall be shown in both words and numerals. In case of discrepancy, the amount shown in words shall govem.) 0 Bidder's Initials l Estimated _ Item Quantity No. & Unit Description of Item Total Amount 23. 1 LS (TR-1) TREE PROTECTION. TOTAL ITEM #23: D.W., $ 2 600 . /LS( 2, 0w." ) (Unit Price Amounts shall be shown in both words and numerals. In case of discrepancy, the amount shown in words shall govem.) 24. 2 EA (STR-1) CONC. HEADWALL WITH STEEL TRASH RACK. TOTAL ITEM #24: D.u_.. $ 10,ow $a /EA( 20,000." ) (Unit Price Amounts shall be shown in both words and numerals. In case of discrepancy, the amount shown in words shall govern.) 25. 2 EA (STR-2) DEBRIS INTERCEPTOR. TOTAL ITEM #25: T. �" p11A., $ to, tto.. a /EA( ZO , WO • °� ) (Unit Price Amounts shall be shown in both words and numerals. In case of discrepancy, the amount shown in words shall govern.) 26. 1 EA (496) REMOVE STRUCTURE (PEDEST. BRIDGE). TOTAL ITEM #26: on. T1..w,,,j 161L,, $1,aao.p /EA( I,000.j0 ) (Unit Price Amounts shall be shown in both words and numerals. In case of discrepancy, the amount shown in words shall govern.) TOTAL BASE BID A, ITEMS #1 - #26 for RCP, includes items 8-a and 9-a: MATERIALS: 0.,.. 9..,..a..,.t Ttiw..TG-......vA Ili" $ 13o,voo " LABOR: On. OwwLvA E:.1.4.. Tr.Uvw,..4 Twa.+-.Ar De11.w. aw4 ,f4v Cavh $ 1437..026.50 TOTAL BID ITEMS #1 - #26A: Ty." NuHdvw.fi TwrlM.�.••...w.�l 'f A -S-r 0�11prs a«.t ��„ cu,, s $ 31Z, so (Unit Price Amounts shall be shown in both words and numerals. In case of discrepancy, the amount shown in words shall govern.) TOTAL BASE BID B, ITEMS #1 - #26 for CORR. HDPE PIPE, includes items 8-b and 9-b: MATERIALS: w. %,..W Sidmil.T6rua.w,d D.Ilwr► $ 116.000.0 LABOR: Q,. Il 44 %ft. N-Tu. lG.....w.d Se•.r. I wAgi A 146&�h—i, 1611.o. TOTAL BID ITEMS #1$ 285.'GM " (Unit Price Amounts shall be showh in both fiords and numerals. In case of discrepancy, the amount shown in words shall govern.) V-5 Bidder's Initials ADDITIVE ALTERNATE ONE: 355 LF (531 2003) CONC SIDEWALK (5') (6") (AVE. Q). TOTAL ITEM: R44., N6,% $ qo °' /LF( 11,160.' ) (Unit Price Amounts shall be shown in both words and numerals. In case of discrepancy, the amount shown in words shall govern.) TOTAL ADDITIVE ALTERNATE ONE: MATERIALS: 5ii3r Thus -A Wiwi $ 6 ,000.g0 LABOR EIw AWw&-4 Sera., F,1�6 N16r% TOTAL ADDITIVE ALTERNATE ONE: Sw,+.., lt,� Sa t,.., 61�4- Ff+., SM.., ADDITIVE ALTERNATE TWO: 416.5 LF (SPL-I) CORR. HDPE PIPE (24") IN LIEU OF 24" RCP. TOTAL ITEM: 16 uh /LF( 19r �S"1'� •sue ) (Unit Price Amounts shall be shown in both words and numerals. In case of discrepancy, the amount shown in words shall govem.) TOTAL ADDITIVE ALTERNATE TWO: MATERIALS: Fiw 16ma-A E1gL,4- %a L ( bm&-% $ 5,600. LABOR Swat dwJ...<.A Ss..w, . Swt., 9A .." r0i 4m Gvh $ TOTAL ADDITIVE ALTERNATE TWO: 5tr+}u„it--a►r•d Fig &A, 3tae! ; - St+', RAM o J &f h $ ADDITIVE ALTERNATE THREE: 566 LF (SPL-I) CORR. HDPE PIPE (36") IN LIEU OF 36" RCP. TOTAL ITEM: %- Fz,. %16, $ ST." /LF( 31 t %50.0 ) (Unit Price Amounts shall be shown in both words and numerals. In case of discrepancy, the amount shown in words shall govern.) TOTAL ADDITIVE ALTERNATE THREE: MATERIALS: TmW, Y)A ,., $ 12,AS0.'o LABOR TW.%@w.l 7N 9..wA Ez,6N - W16, $ 19 6iAo.' TOTAL AD IT�I 1VE ALTERNATE THREE: Se1k%-0,.. 36MS.A a.. i�im..J.•�'i�t A%�1.�. $ 3�,t'�0. Bidder hereby agrees to commence the work on the above project on a date to be specified in a written "Notice to Proceed" of the Owner and to substantially complete the project within 180 (ONE HUNDRED EIGHTY) CALENDAR DAYS thereafter as stipulated in the specifications and other contract documents. Bidder hereby further agrees to pay to Owner as liquidated damages the sum of $25 (TWENTY-FIVE DOLLARS AND 00/100) for each V 1 consecutive calendar day in excess of the time set forth herein above for completion of this project, all as more fully set forth in the general conditions of the contract documents. Bidder understands and agrees that this bid submittal shall be completed and submitted in accordance with instruction number 28 of the General Instructions to Bidders. Bidder understands that the Owner reserves the right to reject any or all bids and to waive any formality in the bidding. The Bidder agrees that this bid shall be good and may not be withdrawn for a period of thirty (30) calendar days after the scheduled closing time for receiving bids. The undersigned Bidder hereby declares that he has visited the site of the work and has carefully examined the plans, specifications and contract documents pertaining to the work covered by this bid, and he further agrees to r- commence work on or before the date specified in the written notice to proceed, and to substantially complete the work on i which he has bid; as provided in the contract documents. Bidders are required, whether or not a payment or performance bond is required, to submit a cashier's check or certified check issued by a bank satisfactory to the City of Lubbock, or a bid bond from a reliable surety company, payable without recourse to the order of the City of Lubbock in an amount not less than five percent (5%) of the total amount of the bid submitted as a guarantee that bidder will enter into a contract, obtain all required insurance policies, and execute all necessary bonds (if required) within ten (10) business days after notice of award of the contract to him. Enclosed with this bid is a Cashier's Check or Certified Check for [ Dollars ($ ) or a Bid Bond in the sum of Si'. Dollars ($ ), which it is agreed shall be collected and retained by the Owner as liquidated damages in the event the bid is accepted by the Owner and the undersigned fails to execute the necessary contract documents, insurance Pcertificates, and the required bond (if any) with the Owner within ten (10) business days after the date of receipt of y written notification of acceptance of said bid; otherwise, said check or bond shall be returned to the undersigned upon demand. Bidder understands and agrees that the contract to be executed by Bidder shall be bound and include all contract documents made available to him for his inspection in accordance with the Notice to Bidders. Pursuant to Texas Local Government Code 252.043(a), a competitive sealed bid that has been opened may not be changed for the purpose of correcting an error in the bid price. THEREFORE, ANY CORRECTIONS TO THE BID PRICE MUST BE MADE ON THE BID SUBMITTAL FORM PRIOR TO BID OPENING. (Seal if Bidder is a Corporation) ATTEST: Secretary Bidder acknowledges receipt of the following addenda: Addenda No. I Date o� Addenda No. Date Addenda No. Date Addenda No. Date Date: 2 Authorized Signature Urzf F"- S (Printed or Typed Name) g4;lita Loutr gx wt •� Qywr iva � I.its • Company 919 W. Nay. 4Z Address W.Iffru. , L„6W, City, County �ll , 1433Z State Zip Code Telephone:to(. - 8(,4_gSao Fax: Sob - 8W-"210 FEDERAL TAX ID or SOCIAL SECURITY No. Is- zl*ig3 M/WBE Firm: Woman Black American Native American Hi ar& American Asian Pacific American Other (Specify) CITY OF LUBBOCK INSURANCE REQUIREMENT AFFIDAVIT To Be Completed by Bidder and Agent Must be submitted with Bid I, the undersigned Bidder, certify that the insurance requirements contained in this bid document have been reviewed by me with the below identified Insurance Agent/Broker. If I am awarded this contract by the City of Lubbock, I will be able to, within ten (10) business days after being notified of such award by the City of Lubbock, furnish a valid insurance certificate to the City meeting all of the requirements defined in this bid. NAA� L C actor (Original Signature) Contractor (Print) CONTRACTOR'S FIRM NAME: Utday QyAt aL ors - mm&✓ ± - (Print or Type) CONTRACTOR'S FIRM ADDRESS: 92? IM. ( 62 wd" I Ik - oo, Name of Agent/Broker: 16 ,y dAoiS Agent / Brok (Signature) Address of Agent/Broker: 771 City/State/Zip: Rocicw411rTk 1508" Agent/Broker Telephone Number: ( 112. ) 1Tz— 1384 Date: W2 NOTE TO CONTRACTOR If the time requirement specified above is not met, the City has the right to reject this bid and award the contract to another contractor. If you have any questions concerning these requirements, please contact the Public Works Contracting Officer for the City of Lubbock at (806) 775-2163. BID # 09-707-BM - STUMPY HAMILTON AND MOSE HOOD PARK DRAINAGE IMPROVEMENTS Patze Intentionally Left Blank SAFETY RECORD QUESTIONNAIRE The City of Lubbock City Council desires to avail itself of the benefits of Section 252.0435 of the Local Government Code, and consider the safety records of potential contractors prior to awarding bids on City contracts. Pursuant to Section 252.0435 of the Local Government Code, City of Lubbock has adopted the following written definition and criteria for accurately determining the safety record of a bidder prior to awarding bids on City contracts. The definition and criteria for determining the safety record of a bidder for this consideration shall be: The City of Lubbock shall consider the safety record of the bidders in determining the responsibility thereof. The City may consider any incidence involving worker safety or safety of the citizens of the City of Lubbock, be it related or caused by environmental, mechanical, operational, supervision or any other cause or factor. Specifically, the City may consider, among other things: a. Complaints to, or final orders entered by, the Occupational Safety and Health Review Commission (OSHRC), against the bidder for violations of OSHA regulations within the past three (3) years. b. Citations (as defined below) from an Environmental Protection Agency (as defined below) for violations within the past five (5) years. Environmental Protection Agencies include, but are not necessarily limited to, the U.S. Army Corps of Engineers (USACOE), the U.S. Fish and Wildlife Service (USFWS), the Environmental Protection Agency (EPA), the Texas Commission on Environmental Quality (TCEQ), the Texas Natural Resource Conservation Commission (TNRCC) (predecessor to the TCEQ), the Texas Department of State Health Services (DSHS), the Texas Parks and Wildlife Department (TPWD), the Structural Pest Control Board (SPCB), agencies of local governments responsible for enforcing environmental protection or worker safety related laws or regulations, and similar regulatory agencies of other states of the United States. Citations include notices of violation, notices of enforcement, suspension/revocations of state or federal licenses or registrations, fines assessed, pending criminal complaints, indictments, or convictions, administrative orders, draft orders, final orders, and judicial final judgments. C. Convictions of a criminal offense within the past ten (10) years, which resulted in bodily harm or death. d. Any other safety related matter deemed by the City Council to be material in determining the responsibility of the bidder and his or her ability to perform the services or goods required by the bid documents in a safe envirorfinent, both for the workers and other employees of bidder and the citizens of the City of Lubbock. In order to obtain proper information from bidders so that City of Lubbock may consider the safety records of potential contractors prior to awarding bids on City contracts, City of Lubbock requires that bidders answer the following three (3) questions and submit them with their bids: QUESTION ONE Has the bidder, or the firm, corporation, partnership, or institution represented by the bidder, or anyone acting for such firm, corporation, partnership or institution, received citations for violations of OSHA within the past three (3) years? YES NO If the bidder has indicated YES for question number one above, the bidder must provide to City of Lubbock, with its bid submission, the following information with respect to each such citation: Date of offense, location of establishment inspected, category of offense, final disposition of offense, if any, and penalty assessed. Bidder's Initials QUESTION TWO Has the bidder, or the firm, corporation, partnership, or institution represented by the bidder, or anyone acting for such firm, corporation, partnership or institution, received citations for violations of environmental protection laws or regulations, of any kind or type, within the past five years? Citations include notice of violation, notice of enforcement, suspension/revocations of state or federal licenses, or registrations, fines assessed, pending criminal complaints, indictments, or convictions, administrative orders, draft orders, final orders, and judicial final judgments. YES NO K If the bidder has indicated YES for question number two above, the bidder must provide to City of Lubbock, with its bid submission, the following information with respect to each such conviction: Date of offense or occurrence, location where offense occurred, type of offense, final disposition of offense, if any, and penalty assessed. OUESTION THREE Has the bidder, or the firm, corporation, partnership, or institution represented by bidder, or anyone acting for such firm, corporation, partnership, or institution, ever been convicted, within the past ten (10) years, of a criminal offense which resulted in serious bodily injury or death? YES NO X If the bidder has indicated YES for question number three above, the bidder must provide to City of Lubbock, with its bid submission, the following information with respect to each such conviction: Date of offense, location where offense occurred, type of offense, final disposition of offense, in any, and penalty assessed. ACKNOWLEDGEMENT THE STATE OF TEXAS COUNTY OF LUBBOCK 1 certify that I have made no willful misrepresentations in this Questionnaire nor have 1 withheld information in my statements and answers to questions. 1 am aware that the information given by me in this questionnaire shall be investigated, with my full permission, and that any misrepresentations rormssions may cause my bid to be rejected. Signature Title 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 ordebarred 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. 1, 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: Utilij., lArt�.13�s o� �v►ti.:�a, LFt� FEDERAL TAX ID or SOCIAL SE o. - 7, Signature of Company Official: Printed name of company official signing above: urii dal;ot Date Signed:_ 01t2 . p Page Intentionally Left Blank PROPOSED LIST OF SUB -CONTRACTORS Company Name and City 1 • y Liwr. & Lav�dbca 3 (.a66.L . T k Minority Owned Yes or No ❑ I� 2. (%6+ IW" W . Lwr.Nawl, 1 X ❑ ff 3. 0, Tool �.66,►, . Tx ❑ 4. T ,-4, P.. A-1 "Ale, TK ❑ v 5. 6. ❑ 0 ❑ ❑ 7. ❑ ❑ 8. 0 ❑ 9. ❑ ❑ 10. ❑ ❑ 11. ❑ ❑ 12. ❑ ❑ 13. ❑ ❑ 14. ❑ 0 15. ❑ 16. ❑ 0 THIS FORM SHALL BE COMPLETED AND RETURNED ALONG WITH YOUR BID IF NO SUB -CONTRACTORS WILL BE USED PLEASE INDICATE SO Paae Intentionally Left Blank POST -CLOSING DOCUMENT REQUIREMENTS The below -listed document must be received in the Public Works Contracting Office Not Later Than TWO BUSINESS DAYS after the close date when bids are due. FINAL LIST OF SUB -CONTRACTORS Paize Intentionally Left BI a■k MacNair Stumpy Hamilton & Mose Hood Park - Final Sub. List Page 1 From: "Taylor Condit" <TaylorCondit@ucatexas.com> To: MKeenum@mail.ci.lubbock.tx.us; BMacnair@mail.ci.lubbock.tx.us Date: 1 /30/2009 11:53 AM Subject: Stumpy Hamilton & Mose Hood Park - Final Sub. List Final Sub -Contractor List for the above mentioned project: Embankment: McHam Ltd. Landscape: Hub City Waterboys Irrigation: Hub City Waterboys Concrete: Morris Concrete Suppliers: O'Tool Industries & Vaughn Concrete Products Let me know if you have any questions or need anything else. TC Taylor Condit Utility Contractors of America, Ltd. 927 Hwy. 62 Wolfforth, Texas 79382 (806) 866-9380 office (806) 866-9530 fax www.ucatexas.com FINAL LIST OF SUB -CONTRACTORS Company Name and City 1. Minority Owned Yes or No ❑ ❑ 2. ❑ ❑ 3. ❑ ❑ 4. ❑ ❑ 5. ❑ ❑ 6. ❑ ❑ 7. ❑ ❑ 8. ❑ ❑ 9. ❑ ❑ 10. ❑ ❑ 11. ❑ ❑ 12. ❑ ❑ 13. ❑ ❑ 14. ❑ ❑ 15. ❑ ❑ 16. ❑ ❑ THIS FORM SHALL BE COMPLETED AND RETURNED NOT LATER THAN TWO BUSINESS DAYS AFTER THE CLOSE DATE WHEN BIDS ARE DUE IF NO SUB -CONTRACTORS WILL BE USED PLEASE INDICATE SO Page Intentionally Left Blank PERFORMANCE BOND Page Intentionallv Left Blank r- PAYMENT BOND Page Intentionally Left Blank BOND NO. 6550767 STATUTORY PERFORMANCE BOND PURSUANT TO SECTION 2253.021(a) OF THE TEXAS GOVERNMENT CODE (CONTRACTS MORE THAN $100,000) UTILITY CONTRACTORS OF AMERICA, KNOW ALL MEN BY THESE PRESENTS, that LTD. (hereinafter called the Principal(s), as Principal(s), and SAFECO INSURANCE COMPANY OF AMERICA (hereinafter called the Surety s rESHUNDRED ty(s)-a SIXdTHOUSmly bFIVEunto the City of Lubbock (hereinafter called the Obligee), in the amount of w eo Dollars ($306,549.00 ) lawful money of the United States for the payment erf, t e sai Prmcipa anurety 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 the12THday of FEBRUARY ,2009,to BID NO. 09-707-BM STUMPY HAMILTON AND MOSE HOOD PARK DRAINAGE IMPROVEMENTS and said principal under the law is required before commencing the work provided for in said contract to execute a bond in the amount of said contract which contract is hereby referred to and made a part hereof as fully and to the same extent as if copied at length herein. NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the said Principal shall faithfully perform the work in accordance with the plans, specifications and contract documents, then this obligation shall be void; otherwise to remain in full force and effect. PROVIDED, HOWEVER, that this bond is executed pursuant to the provisions of Section 2253.021(a) of the Texas Government Code, and all liabilities on this bond shall be determined in accordance with the provisions of said article to the same extent as if it were copied at length herein. IN WITNESS WHEREOF, the said Principal (s) and Surety (s) have signed and sealed this instrument this 17TH day of FEBRUARY , 2009. SAFECO INSURANCE COMPANY UTILITY CONTRACTORS OF Surety OF AMERICA (Company Name) AMERICA, LTD. *By: VGCS By: (Title) MARLA HILL ATTORNEY -IN -FACT (' ature) VP (Title) 1 The undersigned surety company represents that it is duly qualified to do business in Texas, and hereby designatesHOWARD 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. SAFECO INSURANCE COMPANY Surety OF AMERICA r r *By: (Title)_ MARLA HILL ATTORNEY —IN —FACT Approved as to Form City of Lubbock By. Ci Attorney * Note: If signed by an officer of the Surety Company, there must be on file a certified extract from the by-laws showing that this person has authority to sign such obligation. If signed by an Attorney in Fact, we must have copy of power of attorney for our files. K BOND NO. 6550767 STATUTORY PAYMENT BOND PURSUANT TO SECTION 2253.021(a) OF THE TEXAS GOVERNMENT CODE j (CONTRACTS MORE THAN $25,000) i _.1 UTILITY CONTRACTORS j KNOW ALL MEN BY THESE PRESENTS, that OF AMERfiCA, LTD . (hereinafter called the Principal(s), as Principal(s), and SAFECO INSURANCE COMPANY OF AMERICA (hereinafter called the Sur%s), as Sure s), are held and firmI bound unto the City of Lubbock (hereinafter called the Obligee), in the amount of TTHHREE D SIX THOUSA FIVE Dollars ($306,549.00 )lawful money of the NJ P7D— T Ai - United States for the payment whereof, the sai 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 12TH day of FEBRUARY ,2009,to BID 09-707—BM STUMPY HAMILTON AND MOSE HOOD PARK DRAINAGE IMPROVEMENTS and said Principal under the law is required before commencing the work provided for in said contract to execute a bond in the amount of said contract which contract is hereby referred to and made a part hereof as fully and to the same extent as if copied at length herein. NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the said Principal shall pay all claimants supplying labor and material to him or a subcontractor in the prosecution of the work provided for in said contract, then, this obligation shall be void; otherwise to remain in full force and effect; PROVIDED, HOWEVER, that this bond is executed pursuant to the provisions of Section 2253.021(a) of the Texas Government Code, and all liabilities on this bond shall be determined in accordance with the provisions of said Article to the same extent as if it were copied at length herein. IN WITNESS WHEREOF, the said Principal (s) and Surety (s) have signed and sealed this instrument this 17TH day of FEBRUARY 2009. SAFECO INSURANCE COMPANY OF Surety AMERICA ' Al�*By: MARLA HILL ATTORNEY —IN —FACT UTILITY CONTRACTORS OF (Company Name) AMERICA, LTD. By: Urij (Prin e) rG ( nature) (Title) VF i 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. SAFECO INSURANCE COMPANY Surety OF AMERICA i2��* By: (Title) MARLA HILL ATTORNEY —IN —FACT Approved as to form: n City of Lubbock r By:..� Ci tt me * Note: If signed by an officer of the Surety Company there must be on file a certified extract from the by-laws showing that this person has authority to sign such obligation. If signed by an Attorney in Fact, we must have copy of power of attorney for our files. 2 t_ State of Texas Surety Bond Claim Notice In accordance with Section 2253.021(f) of the Texas Government Code and Section 53.202(6) of the Texas Property Code, any notice of claim to the named surety under this bond(s) should be sent to: SAFECO Surety Adams Building 4634 154th PL NE Redmond, WA 98052 Mailing Address: SAFECO Surety PO Box 34526 Seattle, WA 98124 Phone: (425) 376-6535 Fax: (425) 376-6533 www.SAFECO.com Safeco Insurance Company of America General Insurance Company of America POWER 1001 4th Avenue OF ATTORNEY Suite 1700 Seattle, WA 98154 KNOW ALL BY THESE PRESENTS: No. 11561 That SAFECO INSURANCE COMPANY OF AMERICA and GENERAL INSURANCE COMPANY OF AMERICA, each a Washington corporation, does each hereby appoint COWAN; MARLA HILL; Lubbock, Texas*********** *************""***** its true and lawful attomey(s)-in-fact, with full authority to execute on its behalf fidelity and surety bonds or undertakings and other documents of a similar character issued in the course of its business, and to bind the respective company thereby. IN WITNESS WHEREOF, SAFECO INSURANCE COMPANY OF AMERICA and GENERAL INSURANCE COMPANY OF AMERICA have each executed and attested these presents this 20th day of January 2009 Dexter R. Le4a. Secretary Timothy A. Mikolajewski, Vice President CERTIFICATE Extract from the By -Laws of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA: "Article V, Section 13. - FIDELITY AND SURETY BONDS ... the President, any Vice President, the Secretary, and any Assistant Vice President appointed for that purpose by the officer in charge of surety operations, shall each have authority to appoint individuals as attomeys-in-fact or under other appropriate fides with authority to execute on behalf of the company fidelity and surety bonds and other documents of similar character issued by the company in the course of its business... On any instrument making or evidencing such appointment, the signatures may be affixed by facsimile. On any instrument conferring such authority or on any bond or undertaking of the company, the seal, or a facsimile thereof, may be impressed or affixed or in any other manner reproduced; provided, however, that the seal shall not be necessary to the validity of any such instrument or undertaking." Extract from a Resolution of the Board of Directors of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA adopted July 28, 1970. "On any certificate executed by the Secretary or an assistant secretary of the Company setting out, (1) The provisions of Article V, Section 13 of the By -Laws, and (ii) A copy of the power -of -attorney appointment, executed pursuant thereto, and (iii) Certifying that said power-of-attomey appointment is in full force and effect, the signature of the certifying officer may be by facsimile, and the seal of the Company may be a facsimile thereof." I, Dexter R. Legg Secretary of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA, do hereby certify that the foregoing extracts of the By -Laws and of a Resolution of the Board of Directors of these corporations, and of a Power of Attorney issued pursuant thereto, are true and correct, and that both the By -Laws, the Resolution and the Power of Attorney are still in full force and effect. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the facsimile seal of said corporation this 17TH Comm SEAL ia Z SEAL day of FEBRU:ARY �X* R�kj Dexter R. Legg, Secretary 2009 Safeco@ and the Safeco logo are registered trademarks of Safeco Corporallon. S-09741DS 1/09 WEB PDF CERTIFICATE OF INSURANCE Paae Intentionally Left Blank ACORD CERTIFICATE OF LIABILITY INSURANCE 2/19i2o 0 PRODUCER (972)772-7228 FAX: (972)771-4695 K S S Insurance Agency 2255 Ridge Road, Ste. 333 P. 0. Box 277 Rockwall TX 75087 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. INSURERS AFFORDING COVERAGE NAIC # INSURED Utility Contractors of America, Inc., DBA: Utility Contractors of America, Ltd 927 Hwy. 62 Wolfforth TX 79382 INSURER A:Valley Fore Insurance 20508 INSURERB:United States Fire Ins. INSURER C: Travelers Lloyds Ins. Co. 41564 INSURERD: INSURER E: OVERAGES 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. 2 REGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS, ILTR NSR ADD'LON WRD TYPE OF INSURANCE POLICY NUMBER PDA7E (MMFDDMlE PDAITE CY MM/DD/YY) LIMITS A GENERAL LIABILITY X COMMERCIAL GENERAL LIABILITY CLAIMS MADE a OCCUR X Additional Insured C2090553748 G140331A 01/01 CG2404 10/93 9/5/2008 9/5/2009 EACH OCCURRENCE $ 1,000,000 DAMAGEE$(RENTEDEa occurrence) PRETo MI $ 100,000 MEDEXP (Any oneperson) $ 5,000 PERSONAL &ADV INJURY $ 1,000,000 X Waiver of Subrogatio GENERAL AGGREGATE $ 2,000,000 GENT AGGREGATE LIMIT APPLIES PER: POLICY X CT Loc PRODUCTS - COMP/OP AGG $ 2,000,000 A AUTOMOBILE LIABILITY ANYAUTO ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS NON -OWNED AUTOS Additional Insured C2090553751 CA0403 6/04 CA2089 6/04 9/5/2008 9/5/2009 COMBINED SINGLE LIMIT (Ea accident) $ 1,000,000 X BODILY INJURY (Per person) $ X BODILY INJURY (Per accident) $ X X PROPERTY DAMAGE (Per accident) $ X Waiver of Subro atio GARAGE LIABILITY ANYAUTO AUTO ONLY - EA ACCIDENT $ OTHER THAN EA AUTO ONLY: AGG $ $ B EXCESSIUMBRELLA LIABILITY _X1 OCCUR CLAIMS MADE DEDUCTIBLE HX RETENTION S Umbrella Follows Form 553-091561-1 9/5/2008 9/5/2009 EACH OCCURRENCE $ 10,000,000 AGGREGATE $ 10, 000, 000 $ S A WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNERIEXECUTIVE OFFICER/MEMBEREXCLUDED? If yes, describe under SPECIAL PROVISIONS below Waiver of Subrogation WC420304A 1/00 wc209O553765 9/5/2008 9/5/2009 X WC STATUS OTH- E.L. EACH ACCIDENT $ 1,000,000 E.L. DISEASE - EA EMPLOYE 1,000 000 $ r E.L DISEASE - POLICY LIMIT S 1,000,000 C C C OTHER Equipment Floater Installation Floater Rented/Leased Eq. QT6605376B228 QT6605376B228 IQT6605376B228 9/5/2008 9/5/2008 1 9/5/2008 9/5/2009 9/5/2009 1 9/5/2009 $4,781,640 w/$1000 Deductible $300,000 w/$1000 Deductible $200,000 Max. Limit DESCRIPTION OF OPERATIONS/LOCATICNSNEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS RE:Stumpy Hamilton and Mose Hood Park Drainage Improvements Project. City of Lubbock, contractor, the owner, its and others when required by written contract should be known as Additional Insured on the liability policies with a Waive of Subrogation on the same including Work Comp. G/L Insurance is written on a Primary and Non -Contributory Basis and all other insurance on a primary basis. *Except 10 days notice for non-payment of premium. City of Lubbock P. 0. Box 2000, Suite 102 Lubbock, TX 79457 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL * 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES. AUTHORIZED REPRESENTATIVE _ Jchnn ACORD 25 (2001108) © ACORD CORPORATION 1988 hl Cr17S .n+nog no.. P—. I of 9 DATE (MIWDDlYYYY) ACORD,. CERTIFICATE OF LIABILITY INSURANCE DATE DOrf 008 PRODUCER Alan Henry Ins. Agency, Inc. THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE 3407 19th Street HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR Lubbock TX 79410 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. INSURED Robert McHam, Ltd; Robert McHam,LLC Gen. Partner;McHam Maintenance, Inc. PO Box 1345 Levelland TX 79336 COVERAGES INSURERS AFFORDING COVERAGE NAIC # INSURER A ST. PAUL FIRE & MARINE INS. CO. INSURERS: TEXAS MUTUAL INS. CO. ,u�IRFnC• AMERICA FIRST INS. CO. I 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. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR JADIYL POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION OMITS j GENEiiALLIIABILITY X COMMERCIAL GENERAL LIABILITY X CLAIMS MADE OCCUR X Each event(loss) has VK04205152 09/01/2008 Blkt. Addl. Insd.; Waiver of Sub.; 30 day NOC; applicable if req. by written i contract. Form nos. 0G037 & 0G028 j 09/01/2009 EACH OCCURRENCE $ ,0 00,000 DAMAGE TO RENTED $ 100,000 MED EXP An one -- S 'i,000 PERSONAL 8 ADV INJURY _ E 1,000,000 1,000,000 limit GENERAL AGGREGATE S 2,000,000 GEML AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OP AGG $ 2,000,000 X POLICY PRO- LOC A AUTOMOBILE X X X X X LIABILITY ANY AUTO ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS NON -OWNED AUTOS VK04205152 '09/01/2008 i Blkt. Addl. Insd.; Waiver of I Sub.; 30 day NOC, applicable if req. by written I contract. Form nos. A0265 & AO186 09/01/2009 COMBINED SINGLE LIMIT (Ea accident) S I,OO(j,000 BODILY INJURY (Per Peron) s BODILY INJURY lPeracddent) s I X Comp.-$1000. ded. PROPERTY DAMAGE (Per accident) $ X Coll: $1000. ded. GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $ OTHER THAN EA ACC AUTO ONLY: AGG $ ANY AUTO - EXCESWUMBRELLA LIABILITY X OCCUR CLAIMS MADE VK04265152 09/01/2008 09/01/2009 EACH OCCURRENCE $ 1,000,000 AGGREGATE $ 1,000,000 s $ DEDUCTIBLE X RETENTION S10,000 WORKERS COMPENSATION AND TSF001147210220080901 09/01/2008 •09/Ol /2009 TH- X WC STATU- OFR E.L. EACH ACCIDENT $ 1,000,000 B EMPLOYERS' LIABILITY ANY OFFICERIMEMBERPEXCLUDED?XECUTNE If es, describe under Blanket Waiver of Subrogation applies i I E.L. DISEASE - EA EMPLOYEE $ 1,000,000 E.L. DISEASE -POLICY LIMIT 1,000,000 OTHER C Inland Marine Equipment IM8343793 09/01/2008 09/01/2009 Per schedule on file with carrier Physical Damage DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS Certificate holder, City of Lubbock, is named as Additional Insured with Waiver of Subrogation and 30 day Notice of Cancellation, if required by written contract. City of Lubbock PO BOX 2000 Lubbock ACORD 25120011081 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFT THE EXPIRAT�N DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL .31J DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL TX 79401 IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER ITS AGENTS OR AUTHORIZED REPRESENTATIVE 0 ACORD CARPORATION 1988 IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. ACORD 26 (2001/08) FEB•23.2009 10:35AM SANFORD & TATUM ACQW. CERTIFICATE OF LIABILIT PRODUCIM (806) 792-5564 FZXi (906) 792.9344 Sanford & Tatum Insuralaae Agency 6303 Indians Ave. P.O. Box 64790 Lubbock TX 79464 INSURED MJB CITY WATER BOYS YPTC 4316 60TR ST NO.518 P. 1 Y INSURANCEai2izo°°o ' THIS CERTIFTCAT61 IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON 714E CERTIFICATE BOLDER. THIS CERTIFICATE DOES NOT AB N0 EXTEND OR LTHR THE COVfERAOE AFFORDED BY THs POLJCU BELOW. NSURERS AFFORDING COVERAGIR wimmkAgadia TnBurance co/1721C NAIC # 31325 InutuR e: Service Lloyds lwnwauca I INBURBI � LUBBOCK TX 79413 11 0 POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSUR90 NAMED ABOVE FOR THE POLICY P115U00 INOICAM. NOTIMTHSTANDINO ANY REQUIREMENT, TERRA OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT IAATH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED TO ALL THE TE�RYMS. EXCLUSIONS AND CONDITIONS OR MAY PERTAIN, OF SUCH POLICIES, TYP6OF RAN Pro B a 2,000,000 a 100,000 WWALO UABUN D _TTS S 5,000 A CLAW MADS OCCUR CLIs4332225-10 /PODAE 1OW40MLIABILITY 11/20/2008 220/2009 11000,000 a 2,000,000 AROSA006GAre 0 2,000,000 GOLAOGREGATELRYifrAPPL1ESPBA PRODUM-Cawropw X AVTOMUHILS UABLrrf ANYAUTO COLIM60 SweLG UMIT (ffsanda+q 5 _- a ALL OVMWAVMS SCHWULBDAUTOS EODILYWM1AIRY (Prpamn) a HIRED AUTOS 11OIJ4{M4EOAUT08 BOMY "JURY (Pr amWanq a PROPERTY DAI GE IFw*tb nq QARAGC LIAGWTY Y - i ANY AUTO OTHE11114AN S AUTO OWLY: EXOi MMORSLLA LWOILITYrAC"AwJRRPNQF Ocom CLAIMS MADE ACIMGAVEa i OSOUCTMLZ $ WDRKi11S COAIFBIISATION AND EIAPLOY{ILrLWBUJ Y 1 AW PROPIMlT ORIPARTNEftWwCUT11fE 1, 0 00 , 000 OFPICBRA VMERd=UOaD7 SRZ7s811-oa d " s 12/15/2008 12/15/2009 c- r 1 1 000 Ororr 1,000,000 OTHER DESOMPTION OF OPBtATION$Ur-ATION3NBNN:LI!3ig CLUSIONS ADDED BY ENOORSEWNT/SPECIAL PROVIMONS GE1111FIGATLNULIJEft CANC TION $96-9530 SHOULD ANY OF TKO ANOVS OSSOIV000 POUCHIS RE CAICELLHO BEFORE THE Utilitie® Contractors of !America EXPIRATION DATE THMEOP. THR ISSUM1l4 INSURER WILL ENDEAVOR TO MAIL 92 7 $WY 62 10 DAYS WrmTTEN Movies TO THII cSATIPIOATE HOLDER NAME TO THE LIFT. BUT WOl f forth, TIC 79382 FAILURs TO DO SO SHALL UAPOSE NO OCLIQATION OR LUIBILTIY OF ANY HIND UPON THi INSURNLITZ&GM0ORREP TA AUTHORIZED R9PRSS5NTATr4 Douglals Sanford/RDH - � ��•�.- ���' ACORD 26 (2001/08) ®ACORO CORPORATION 1988 FEB. 23.2009 10:35AM SANFORD & TATUM N0.518 P. IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the pollcy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). It SUBROGATION 15 WAIVED, subject to the terms and conditions of the policy, certain poticles may require an endorsement A statement on this certificate does not confer rights to the certificate holder In lieu of such endorsement(s). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing Insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. ACORD 25 (2001108) INS025 (oiM.orm Pape 2 or 2 02/24/2009 013:47 8067976235 ALAN HENRY INSURANCE ACORD CERTIFICATE OF LIABILITY INSURANCE PRQDUCER Alan Henry Ins_ Agcncy, Inc. -rHt AND MCA FIRS NORIOH 3407 19th Street HOLDER. THIS CERTIFICATE DG' Lubbock TX 79410 ALTER THE COVERAGE AFFORDI INSURERS AFFORDING COVERAGE IRDUpSo Morns Cement Contractors 5721 91 st Street INUMR81 epu lie Vanguard Insuran IN RSAg: Cara .ma Casualty Ttts, Co. R tsvc ors Indemnity Lubbock TX 79424. INSURER crTVPgAat3s PAGE 01 OAT@ IMMIDDIYYYYI 02/24/2009 NAIL # THE POUCIES OF INSURANCE uSTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTIMTHSTANDING 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 OESCRIBRO HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES, AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INS 11 9RALUARILITY X RCIAL 6ENFeRA1 LIABa.ITY CLAIMS MADE L OCCUR Oo NUMB POLICY PEC 09/27/2009 PDUXiYekRIRATIQN 09/27/2009 RG L370948.01 NCHOCCURRENCE 1,000,007 �' 100� 000 oAIstAGETo IiENTt D 4REI.I�Es r8. ,r•�,m„ep EiI.E']Sp AM one DEMM 60NaL a ADV INJURY ! 1,000,0 ff OFKRAL AGGREr nTe P'RODU • CP aQd S 2,000,000 3 2,000,000 G N'L ACiQRe_ ATE LIMIT A" PER; POLICY I I T9 Lao B OW�IM ArLrto ALL OWNGD auras 9OHEOuLEDAUr03 HIRED AUTOS NONOWNED AUTOS CBP348926 09/29/2008 09/28/2009 comw�'tNGLELIMIr $ 1�000,000 BODILYINJURYS - BCKRLY INJURY (Pqf °cd 8 PRO!'L`NTY pANAGE (PeraodCw9F RAGE Ll— UMIL"Y ANY AUTO AUTO ONLY- EA ACCIDGNT, our TFfANFAAOQ AUTO ONLY; S 9tumsR6LLA UAMuTY OCCUR CLAIMS MADE bEDUCTOLE RE�OjN EACH OCCURRENCE AGO MATE ..15 viana S CUMPF mno,4 ANn eMIPLOYEr& LtOMM ANY PROPMETOR1aARINERIP.XECUTIVe O"ICt6UNEMBItREXCLUDED? II '"""" TEUB-7932M98 11/03/2008 11/03/2009 X STA [L ATM. 4 q.L. EACH AQCID6Nr , OO E.L. OI8EAGE-EAEMPLOYEE S 5 ,000 URMT 13 500,000 oTRCR DEBCAVUON OF OPERATIONSILOCATIONS l VEHICLES I EXCLUSIONS AMM DY ERDOMEMBNTI CPECtAL PROVISIONS I r- MUL.UtK UP-N%iCLLA I WN 6HOMO ANY OF THE AIMVE DESORMED POUC493 eE CAHDRLLED D®PON THC E XMRATXON Utility Contmctors of America OATS THEnew, THE 168UING INBURSR WILL ENDEAVOR TO MAIL IV DAYS wRf"M 927 Highway 62 NOTICE TO THE OERnFIQATG NOLDER N"M TO THti LEFY BUT FAILURE TO DO W SK" w0lff A TX 19382 IMroal; NO QALIGATION OR LIARILM OF ANY HDID UPON THE INSURER, ITS AGENTS OR e, AU-MICAUf:DREpmENTATwE ACORD 26 (200110B) M ACORD CORPORA11ON 1988 02/24/2009 08:47 8067976235 ALAN HENRY INSURANCE PAGE 02 IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the poltoy(les) must be endorsed. A statement on this certificate does not confer rights to the certificate holder In lieu of such endorsement(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certaln policies may require an endorsement A statement on this certificate does not confer rights to the certificate holder In lieu of such endorsement(s). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute 8 contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. 26 (2001108) 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 GENERAL LIABILITY ❑ Commercial General Liability General Aggregate $ ❑ Claims Made Products-Comp/Op AGG $ ❑ Occurrence Personal & Adv. Injury $ ❑ Owner's & Contractors Protective Each Occurrence $ Fire Damage (Any one Fire) $ Med Exp (Any one Person) $ AUTOMOTIVE LIABILITY ❑ Any Auto Combined Single Limit $ ❑ All Owned Autos Bodily Injury (Per Person) $ ❑ Scheduled Autos Bodily Injury (Per Accident) $ ❑ Hired Autos Property Damage $ ❑ Non -Owned Autos GARAGE LIABILITY ❑ Any Auto Auto Only - Each Accident $ ❑ Other than Auto Only: Each Accident $ Aggregate $ ❑ BUILDERS RISK ❑ 100% of the Total Contract Price $ ❑ INSTALLATION FLOATER $ EXCESS LIABILITY ❑ Umbrella Form Each Occurrence $ Aggregate $ ❑ Other Than Umbrella Form $ WORKERS COMPENSA TION AND EMPLOYERS' LIABILITY The Proprietor/ ❑ Included Statutory Limits Partners/Executive ❑ Excluded Each Accident $ Officers are: Disease Policy Limit $ Disease -Each Employee $ OTHER The above policies either in the body thereof or by appropriate endorsement provide that they may not be changed or canceled by the insurer in less than the legal time required after the insured has received written notice of such change or cancellation, or in case there is no legal requirement, in less than five days in advance of cancellation. FIVE COPIES OF THE CERTIFICATE OF INSURANCE (Name of Insurer) MUST BE SENT TO THE CITY OF LUBBOCK By: The Insurance Certificates Furnished shall name the City of Lubbock as a Primary Additional Insured on General Liability and provide a Waiver of Subrogation in favor of the City of Lubbock. CONTRACTOR CHECKLIST A CONTRACTOR SHALL: (1) provide coverage for its employees providing services on a project, for the duration of the project based on proper reporting of classification codes and payroll amounts and filling of any coverage agreements; (2) provide a certificate of coverage showing workers' compensation coverage to the governmental entity prior to beginning work on the project; (3) provide the governmental entity, prior to the end of the coverage period, a new certificate of coverage showing extension of coverage, if the coverage period shown on the contractor's current certificate of coverage ends during the duration of the project; (4) obtain from each person providing services on a project, and provide to the governmental entity: (A) a certificate of coverage, prior to that person beginning work on the project, so the governmental entity will have on file certificates of coverage showing coverage for all persons providing services on the project; and (B) no later than seven days after receipt by the contractor, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (5) retain all required certificates of coverage on file for the duration of the project and for one year thereafter; (6) notify the governmental entity in writing by certified mail or personal delivery, within ten (10) days after the contractor knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project; (7) post a notice on each project site informing all persons providing services on the project that they are required to be covered, and stating how a person may verify current coverage and report failure to provide coverage. This notice does not satisfy other posting requirements imposed by the Act or other commission rules. This notice must be printed in at least 19-point normal type, and shall be in both English and Spanish and any other language common to the worker population. The text for the notices shall be the following text provided by the commission on the sample notice, without any additional words or changes: PROOF OF COVERAGE SHALL BE FURNISHED TO THE CITY OF LUBBOCK IN THE FORM OF A CERTIFICATE OF INSURANCE. THE INSURANCE CERTIFICATES FURNISHED SHALL NAME THE CITY OF LUBBOCK AS A PRIMARY ADDITIONAL INSURED AND PROVIDE A WAIVER OF SUBROGATION IN FAVOR OF THE CITY OF LUBBOCK, OR IN THE ALTERNATIVE, SHALL BE ACCOMPANIED BY A STATEMENT FROM THE CONTRACTOR TO THE EFFECT THAT NO WORK ON THIS PARTICULAR PROJECT SHALL BE SUBCONTRACTED. IT SHALL BE THE CONTRACTOR'S RESPONSIBILITY TO PROVIDE TO THE OWNER ALL PROOF OF COVERAGE INSURANCE DOCUMENTS INCLUDING WORKERS COMPENSATION COVERAGE FOR EACH SUBCONTRACTOR. REQUIRED WORKERS' COMPENSATION COVERAGE "The law requires that each person working on this site or providing services related to this construction project must (see reverse) be covered by workers' compensation insurance. This includes persons providing, hauling, or delivering l equipment and materials, or providing labor or transportation or other service related to the project, regardless of the a_ identity of their employer or status as an employee." "Call the Texas Workers' Compensation Commission at 512-305-7238 to receive information on the legal requirement for coverage, to verify whether your employer has provided the required coverage, or to report an employer's failure to provide coverage." and (8) contractually require each person with whom it contracts to provide services on a project, to: (A) provide coverage based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements for all of its employees providing services on the project, for the duration of the project; (B) provide a certificate of coverage to the contractor prior to that person beginning work on the project; (C) include in all contracts to provide services on the project the language in subsection (e) (3) of this rule; (D) provide the contractor, prior to the end of the coverage period, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (E) obtain from each other person with whom it contracts, and provide to the contractor: (i) a certificate of coverage, prior to the other person beginning work on the project; and (ii) prior to the end of the coverage period, a new certificate of coverage showing extension of the coverage period, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (F) retain all required certificates of coverage on file for the duration of the project and for one year thereafter; (G) notify the governmental entity in writing by certified mail or personal delivery, within (ten) 10 days after the person knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project; and (H) contractually require each other person with whom it contracts, to perform as required by paragraphs (A) - (H), with the certificate of coverage to be provided to the person for whom they are providing services. 0 Page Intentionally Left Blank CONTRACT Paize Intentionally Left Blank CONTRACT # 8816 STATE OF TEXAS COUNTY OF LUBBOCK THIS AGREEMENT, made and entered into this 12th day of February, 2009, 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, Ltd. of the City of Wolfforth, 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: BID 09-707-BM - STUMPY HAMILTON AND MOSE HOOD PARK DRAINAGE IMPROVEMENTS — $306,549 and all extra work in connection therewith, under the terms as stated in the contract documents and at his (or their) own proper cost and expense to furnish all materials, supplies, machinery, equipment, tools, superintendence, labor, insurance and other accessories and services necessary to complete the said construction in accordance with the contract documents as defined in the General Conditions of Agreement. Utility Contractors of America, Ltd's bid dated January 28, 2009, is incorporated into and made a part of this agreement. The CONTRACTOR hereby agrees to commence work within ten days after the date written notice to do so shall have been given to him and to substantially complete same within the time specified in the contract documents. The OWNER agrees to pay the CONTRACTOR in current funds for the performance of the contract in accordance ' with the bid submitted therefore, subject to additions and deductions, as provided in the contract documents and to make payment on account thereof as provided therein. IN WITNESS WHEREOF, the parties to these presents have executed this agreement in Lubbock, Lubbock County, Texas in the year and day first above written. CONTRACTOR: CITY OF LUBBOCK, TEXAS (OWNER): I / MAYOR By: Y ATTEST: PRip#Eb NAME: (,,;, lklt,, t TITLE: V P P-� City Secr ary COMPLETE ADDRESS: APPROVED AS TO CONTENT: Company Utility Contractors of America, Ltd A'tlj '4 Address 927 Hwy 62 O nrz-, epresentativ City, State, Zip Wo ort , Tx 79382 i ATTEST: - `APPROVED AS-TOFORM: Corporate Secretary ' CiyAtorn y Paize Intentionally Left Blank GENERAL CONDITIONS OF THE AGREEMENT Page Intentionally Left Blank YE 1. OWNER g 3 U GENERAL CONDITIONS OF THE AGREEMENT Whenever the word Owner, or First Party, are used in this contract, it shall be understood as referring to the City of Lubbock, Texas. CONTRACTOR Whenever the word Contractor, or Second Party, is used, it shall be understood to mean the person, persons, co- partnership or corporation, to wit Utility Contractors of America, Ltd. who has agreed to perform the work embraced in this contract, or their legal representative. OWNER'S REPRESENTATIVE Whenever the word Owner's Representative or representative is used in this contract, it shall be understood as referring to, City of Lubbock, or its representative Michael Keenum, Storm Water EnEineer, so designated who shall inspect constructions; or to such other representatives, supervisors, architects, engineers, or inspectors as may be authorized by said Owner to act in any particular under this agreement. Engineers, supervisors or inspectors shall act for the Owner under the direction of Owner's Representative, but shall not directly supervise the Contractor or persons acting on behalf of the Contractor. CONTRACT DOCUMENTS The contract's documents shall consist of the Notice to Bidders, General Instructions to Bidders, Bid, Signed Agreement, Statutory Bonds (if required), General Conditions of the Agreement, Special Conditions of the Agreement (if any), Specifications, Plans, Insurance Certificates, and all other documents made available to Bidder for inspection in accordance with the Notice to Bidders. The above described materials are sometimes referred to herein as the "contract" or "contract documents". INTERPRETATION OF PHRASES Whenever the words "Directed," "Permitted," "Designated," "Required," "Considered Necessary," "Prescribed," or words of like import are used, it shall be understood that the direction, requirement, permission, order, designation or prescription of the Owner's Representative is intended; and similarly, the words "Approved," "Acceptable," "Satisfactory," or words of like import shall mean approved by or acceptable or satisfactory to the Owner's Representative. 6. SUBCONTRACTOR The term Subcontractor, as employed herein, includes only those having a direct contract with the Contractor for performance of work on the project contemplated by these contract documents. Owner shall have no responsibility to any Subcontractor employed by Contractor for performance of work on the project contemplated by these contract documents, but said Subcontractors shall look exclusively to Contractor for any payments due Subcontractor. The City reserves the right to approve or disapprove the selection of any subcontractor(s). 7. 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. 8. CONTRACTOR'S RESPONSIBILITIES Unless otherwise stipulated, the Contractor shall provide and pay for all materials, supplies, machinery. equipment, tools, superintendence, labor, insurance, and all water, light, power, fuel, transportation and all other facilities necessary for the execution and completion of the work covered by the contract documents. Unless otherwise specified, all materials shall be new and both workmanship and materials shall be of a good quality. The Contractor shall, if required, furnish satisfactory evidence as to the kind and quality of materials. Materials or work described in words which so applied have well known, technical or trade meaning shall be held to refer such recognized standards. All work shall be done and all materials furnished in strict conformity with the contract documents. 9. SUBSTANTIALLY COMPLETED The term "Substantially Completed" is meant that the structure or project contemplated by the contract documents has been made suitable for use or occupancy or the facility is in a condition to serve its intended purpose, but still may require minor miscellaneous work and adjustment. 10. LAYOUT Except as specifically provided herein, the Contractor shall be responsible for laying out all work and shall accomplish this work in a manner acceptable to the Owner's Representative. The Owner's Representative shall check the Contractor's layout of all major structures and any other layout work done by the Contractor at Contractor's request, but this check does not relieve the Contractor of the responsibility of correctly locating all work in accordance with the Plans and Specifications. 11. KEEPING OF PLANS AND SPECIFICATIONS ACCESSIBLE The Contractor shall be furnished copies of all Plans and Specifications without expense to Contractor and Contractor shall keep one copy of same consistently accessible on the job site. 12. RIGHT OF ENTRY r I The Owner's Representative may make periodic visits to the site to observe the progress or quality of the executed work and to determine, in general, if the work is proceeding in accordance with the contract documents. Owner's Representative shall not be required to make exhaustive or continuous onsite inspections to check the quality or quantity of the work, nor shall Owner's Representative be responsible for the construction means, methods, techniques, sequences or procedures, or the safety precautions incident thereto. Notwithstanding the Owner's Representative's rights of entry hereunder, the Owner's Representative shall not be responsible for the Contractor's failure to perform the work in accordance with the Contract Documents. 13. LINES AND GRADES All lines and grades shall be furnished whenever Owner's Representative deems said lines and grades area ] necessary for the commencement of the work contemplated by these contract documents or the completion of the work contemplated by these contract documents. Whenever necessary, Contractor shall suspend its work in order to permit Owner's Representative to comply with this requirement, but such suspension shall be as brief as practical and Contractor shall be allowed no extra compensation therefore. The Contractor shall give the Owner's Representative ample notice of the time and place where lines and grades are needed. All stakes, marks, etc., shall be carefully preserved by the Contractor, and in case of careless destruction or removal by Contractor, its Subcontractors, or its employees, such stakes, marks, etc., shall be replaced by the Owner's Representative at Contractor's expense. 2 14. OWNER'S REPRESENTATIVE'S AUTHORITY AND DUTY ` Unless otherwise specified, it is mutually agreed between the parties to this Agreement that the Owner's Representative has the authority to review all work included herein. The Owner's Representative has the authority to stop the work whenever such stoppage may be necessary to ensure the proper execution of the contract. The Owner's Representative shall, in all cases, determine the amounts and quantities of the several kinds of work which are to be paid for under the contract documents, and shall determine all questions in relation to said work and the construction thereof, and shall, in all cases, decide every question which may arise relative to the execution of this contract on the part of said Contractor. The decision of the Owner's Representative shall be conclusive in the absence of written objection to same delivered to Owner's Representative within fifteen (15) calendar days of any decision or direction by Owner's Representative. In the absence of timely written objection by Contractor, as provided herein, any and all objection or objections shall be deemed waived. 15. SUPERINTENDENCE AND INSPECTION It is agreed by the Contractor that the Owner's Representative shall be and is hereby authorized to appoint from time to time such subordinate engineers, supervisors, or inspectors as the said Owner's Representative may deem proper to inspect the materials furnished and the work done under this Agreement, and to see that said material is furnished and said work is done in accordance with the specifications therefore. The Contractor shall furnish all reasonable aid and assistance required by the subordinate engineers, supervisors or inspectors for the proper inspection and examination of the work. The Contractor shall regard and obey the directions and instructions of any subordinate engineers, supervisors or inspectors so appointed, when such directions and instructions are consistent with the obligations of this Agreement and accompanying plans and specifications provided, however, should the Contractor object to any orders by any subordinate engineer, supervisor or inspector, the Contractor may within fifteen (15) calendar days make written appeal to the Owner's Representative for its decision. In the absence of timely written objection by Contractor, as provided herein, any and all objection or objections shall be deemed waived. 16. CONTRACTOR'S DUTY AND SUPERINTENDENCE The Contractor shall give personal attention to the faithful prosecution and completion of this contract and shall keep on the work, during its progress, a competent superintendent and any necessary assistants, all satisfactory to Owner's Representative. The superintendent shall represent the Contractor in its absence and all directions given } to superintendent shall be binding as if given to the Contractor. It is expressly agreed that adequate supervision by competent and reasonable representatives of the Contractor is essential to the proper performance of the work and lack of such supervision shall be grounds for suspending operations of the Contractor. The work, from its commencement to completion, shall be under the exclusive charge and control of the Contractor and all risk in connection therewith shall be borne by the Contractor. The Owner or Owner's Representatives shall not be responsible for the acts or omissions of the Contractor, or any subcontractors, or any of Contractor's agents or employees, or any other persons performing any of the work. 17. CONTRACTOR'S UNDERSTANDING It is understood and agreed that the Contractor has, by careful examination, satisfied itself as to the nature and location of the work, the confirmation of the ground, the character, quality and quantity of materials to be encountered, the character of equipment and facilities needed preliminary to and during the prosecution of the work, and the general and local conditions, and all other matters which in any way affect the work under the contract documents. No oral agreement or conversation with any officer, agent, or employee of the Owner, or Owner's Representative either before or after the execution of this contract, shall affect or modify any of the terms or obligations herein contained. Subject to the rights of Owner as set forth in Paragraph 23 hereof, all modifications and/or amendments to the contract documents, shall be in writing, and executed by Owner's Representative and Contractor. Unless otherwise specified herein, all loss, expense or damage to Contractor arising out of the nature of the work to be done, or from the action of the elements, or from any unforeseen circumstance and the prosecution of the work, shall be sustained and borne by the Contractor at its own cost and expense. 18. CHARACTER OF WORKERS The Contractor agrees to employ only orderly and competent workers, skillful in the performance in the type of work required under this contract, to do the work; and agrees that whenever the Owner's Representative shall inform Contractor in writing that any man or men on the work, are, in Owner's Representative's sole opinion, incompetent, unfaithful, disorderly, or otherwise unacceptable to Owner or Owner's Representative, such man or men shall be discharged from the work and shall not again be employed on the work without the Owner's Representative's written consent. 19. CONSTRUCTION PLANT The Contractor shall provide all labor, tools, equipment, machinery and materials necessary in the prosecution and completion of this contract where it is not otherwise specifically provided that Owner shall furnish same, and it is also understood that Owner shall not be held responsible for the care, preservation, conservation, or protection of any materials, tools, equipment or machinery or any part of the work until it is finally completed and accepted. The building of structures for the housing of men or equipment are permitted only at such places as the Owner's Representative shall consent or direct, and the sanitary conditions of the grounds in or about such structure shall at all times be maintained in a manner satisfactory to the Owner's Representative. 20. SANITATION Necessary sanitary conveniences for the use of laborers on the work site, properly secluded from public observation, shall be constructed and maintained by the Contractor in such manner and at such points as shall be approved by the Owner's Representative and their use shall be strictly enforced. 21. OBSERVATION AND TESTING The Owner or Owner's Representative shall have the right at all times to observe and test the work. Contractor shall make necessary arrangements and provide proper facilities and access for such observation and testing at any location wherever such work is in preparation or progress. Contractor shall ascertain the scope of any observation that may be contemplated by Owner or Owner's Representative and shall give ample notice as to the time each part of the work shall be ready for such observation. Owner or Owner's Representative may reject any such work found to be defective or not in accordance with the contract documents, regardless of the stage of its completion or the time or place of discovery of such errors and regardless of whether Owner's Representative has previously accepted the work through oversight or otherwise. If any such work should be covered without approval or consent of the Owner, it must, if requested by Owner or Owner's Representative, be uncovered for examination at Contractor's expense. In the event that any part of the work is being fabricated or manufactured at a location where it is not convenient for Owner or Owner's Representative to make observations of such work or require testing of said work, then in such event Owner or Owner's Representative may require Contractor to furnish Owner or Owner's Representative certificates of inspection, testing or approval made by persons competent to perform such tasks at the location where that part of the work is being manufactured or fabricated. All such tests shall be in accordance with the methods prescribed by the American Society for Testing and Materials or such other applicable organization as may be required by law or the contract documents. If any such work which is required to be inspected, tested, or approved is covered up without written approval or consent of the Owner or Owner's Representative, it must, if requested by the Owner or Owner's Representative, be uncovered for observation and testing at the Contractor's expense. The cost of all such inspections, tests and approvals shall be borne by the Contractor unless otherwise provided herein. Any work which fails to meet the requirements of any such tests, inspections or approvals, and any work which meets the requirements of any such 4 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. 1 ' 22. DEFECTS AND THEIR REMEDIES It is expressly agreed that if the work or any part thereof, or any material brought on the site of the work for use in the work or selected for the same, shall be deemed by the Owner or Owner's Representative as unsuitable or not in conformity with plans, specifications and/or contract documents, the Contractor shall, after receipt of written notice thereof from the Owner's Representative, forthwith remove such material and rebuild or otherwise remedy such work so that it shall be in full accordance with the contract documents. It is further agreed that any remedial action contemplated as hereinabove set forth shall be at Contractor's expense. 23. CHANGES AND ALTERATIONS The Contractor further agrees that the Owner may make such changes and alterations as the Owner may see fit, in the line, grade, form dimensions, plans or materials for the work herein contemplated, or any part thereof, either before or after the beginning of the construction, without affecting the validity of this contract and the accompanying bond. If such changes or alterations diminish the quantity of the work to be done, they shall not constitute the basis for a claim for damages, or anticipated profits on the work that may be dispensed with. If they increase the amount of work, and the increased work can fairly be classified under the specifications, such increase shall be paid according to the quantity actually done and at the unit price established for such work under this contract; otherwise such additional work shall be paid for as provided under Extra Work. In case the Owner shall make such changes or alterations as shall make useless any work already done or material already furnished or used in said work, then the Owner shall recompense the Contractor for any material or labor so used, and for actual expenses incurred in preparation for the work as originally planned. 24. EXTRA WORK The term "extra work" as used in this contract shall be understood to mean and include all work that may be required by the Owner or Owner's Representative to be done by the Contractor to accomplish any change, alteration or addition to the work as shown on the plans and specifications or contract documents and not covered by Contractor's bid, except as provided under Changes and Alterations herein. It is agreed that the Contractor shall perform all extra work under the direction of the Owner's Representative when presented with a written work order signed by the Owner's Representative; subject, however, to the right of the Contractor to require written confirmation of such extra work order by the Owner. It is also. agreed that the compensation to be paid to the Contractor for performing said extra work shall be determined by the following methods: Method (A) - By agreed unit prices; or Method (B) - By agreed lump sum; or Method (C) - If neither Method (A) or Method (B) be agreed upon before the extra work is commenced, then the Contractor shall be paid the lesser of the following: (1) actual field cost of the extra work, plus fifteen (15%) percent; or (2) the amount that would have been charged by a reasonable and prudent Contractor as a reasonable and necessary cost for performance of the extra work. In the event said extra work be performed and paid for under Method (C)(1), then the provisions of this paragraph shall apply and the "actual field cost" is hereby defined to include the cost of all workmen, such as foremen, timekeepers, mechanics and laborers, materials, supplies, teams, trucks, rentals on machinery and equipment, for the time actually employed or used on such extra work, plus actual transportation charges necessarily incurred, together with all expenses incurred directly on account of such extra work, including Social Security, Old Age Benefits, Maintenance Bonds, Public Liability and Property Damage and Workers' Compensation and all other insurances as may be required by law or ordinances or directed by the Owner or Owner's Representative, or by them agreed to. Owner's Representative may direct the form in which accounts of the actual field cost shall be kept and records of these accounts shall be made available to the Owner's Representative. The Owner's Representative may also specify in writing, before the work commences, the method of doing the work and the type and kind of machinery and equipment to be used; otherwise, these matters shall be determined by the Contractor. Unless otherwise agreed upon, the prices for the use of machinery and equipment shall be determined by using 100%, unless otherwise specified, of the latest Schedule of Equipment and Ownership Expenses adopted by the Associated General Contractors of America. Where practical, the terms and prices for the use of machinery and equipment shall be incorporated in the written extra work order. The fifteen percent (15%) of the actual field cost to be paid to Contractor shall cover and compensate Contractor for its profit, overhead, general superintendence and field office expense, and all other elements of cost and expense not embraced within the actual field cost as herein defined, save that where the Contractor's Camp or Field Office must be maintained primarily on account of such Extra Work, then the cost to maintain and operate the same shall be included in the "actual field cost." No claim for extra work of any kind shall be allowed unless ordered in writing by Owner's Representative. In case any orders or instructions appear to the Contractor to involve extra work for which Contractor should receive compensation or an adjustment in the construction time, Contractor shall prior to commencement of such extra work, make written request to the Owner's Representative for a written order authorizing such extra work. Should a difference of opinion arise as to what does or does not constitute extra work or as to the payment therefore, and the Owner's Representative insists upon its performance, the Contractor shall proceed with the work after making written request for written order and shall keep adequate and accurate account of the actual field cost thereof, as provided under Method (C) (1). If Contractor does not notify Owner's Representative before the commencement of any extra work, any claim for payment due to alleged extra work shall be deemed waived. 25. DISCREPANCIES AND OMISSIONS It is further agreed that it is the intent of the contract documents that all work described in the bid, the specifications, plans and other contract documents, is to be done for the prices quoted by the Contractor and that such price shall include all appurtenances necessary to complete the work in accordance with the intent of these contract documents as interpreted by Owner's Representative. Notices of any discrepancies or omissions in these plans, specifications, or contract documents, shall be given to the Owners' Representative and a clarification obtained before the bids are received, and if no such notice is received by the Owner's Representative prior to the opening of bids, then it shall be deemed that the Contractor fully understands the work to be included and has provided sufficient sums in its bid to complete the work in accordance with these plans and specifications. If Contractor does not notify Owner's Representative before bidding of any discrepancies or omissions, then it shall be deemed for all purposes that the plans and specifications are sufficient and adequate for completion of the project. It is further agreed that any request for clarification must be submitted no later than five (5) calendar days prior to the opening of bids. 26. RIGHT OF OWNER TO MODIFY METHODS AND EQUIPMENT If at any time the methods or equipment used by the Contractor are found to be inadequate to secure the quality of work with the rate of progress required under this contract, the Owner or Owner's Representative may order the Contractor in writing to increase their safety or improve their character and efficiency and the Contractor shaII comply with such order. If, at any time, the working force of the Contractor is inadequate for securing the progress herein specified, the Contractor shall, if so ordered in writing, increase its force or equipment, or both, to such an extent as to give reasonable assurance of compliance with the schedule of progress. 27. PROTECTION AGAINST ACCIDENT TO EMPLOYEES AND THE PUBLIC AND GENERAL INDEMNITY The Contractor shall take out and procure a policy or policies of Workers' Compensation Insurance with an insurance company licensed to transact business in the State of Texas, which policy shall comply with the Workers' Compensation laws of the State of Texas. The Contractor shall at all times exercise reasonable precaution for the safety of employees and others on or near the work and shall comply with all applicable provisions of federal, state and municipal laws and building and construction codes. All machinery and equipment and other physical hazards shall be guarded in accordance with the "Manual of Accident Prevention in .." Construction" of Associated General Contractors of America, except where incompatible with federal, state or municipal laws or regulations. The Contractor, its sureties and insurance carriers shall defend, indemnify ' and hold harmless the Owner and all of its officers, agents and employees against any all losses, costs, damages, expenses, liabilities, claims and/or causes of action, whether known or unknown, fixed, actual, accrued or contingent, liquidated or unliquidated, including, but not limited to, attorneys' fees and expenses, in connection p with, incident to, related to, or arising out of, the Contractor's or any subcontractor's, agent's or employee's, in any manner whatsoever, omission, execution and/or supervision of this contract, and the project which is the subject matter of this contract. The safety precautions taken shall be the sole responsibility of the Contractor, in its sole discretion as an Independent Contractor; inclusion of this paragraph in the Agreement, as well as any notice which may be given by the Owners or the Owner's Representative concerning omissions under this paragraph as the work progresses, are intended as reminders to the Contractor of its duty and shall not be construed as any assumption of duty to supervise safety precautions by either the Contractor or any of its subcontractors. 28. CONTRACTOR'S INSURANCE The Contractor shall not commence work under this contract until he has obtained all insurance as required in the General Conditions of the contract documents, from an underwriter authorized to do business in the State of Texas and satisfactory to the City. Proof of coverage shall be furnished to the City and written notice of cancellation or any material change shall be provided ten (10) calendar days in advance of cancellation or change. All policies of insurance, required herein, including policies of insurance required to be provided by Contractor and its subcontractors, shall contain a waiver of any and all of the insurer's or payor's, in the event of self- insurance, rights to subrogation that any such insurer or payor, in the event of self-insurance, may acquire by virtue of payment of any loss under such insurance or self-insurance. All certificates of insurance submitted to the City in conformity with the provisions hereof shall establish such waiver. The Contractor shall procure and carry at its sole cost and expense through the life of this contract, insurance protection as hereinafter specified. Coverage in excess of that specified herein also shall be acceptable. Such insurance shall be carried with an insurance company authorized to transact business in the State of Texas and shall cover all operations in connection with this contract, whether performed by the Contractor or a subcontractor, or separate policies shall be provided covering the operation of each subcontractor. A certificate of insurance specifying each and all coverages shall be submitted prior to contract execution. PROOF OF COVERAGE SHALL BE FURNISHED TO THE CITY OF LUBBOCK IN THE FORM OF A CERTIFICATE OF INSURANCE ALONG WITH A COPY OF THE ADDITIONAL INSURED ENDORSEMENT. THE INSURANCE CERTIFICATES FURNISHED SHALL NAME THE CITY OF LUBBOCK AS A PRIMARY ADDITIONAL INSURED AND PROVIDE A WAIVER OF SUBROGATION IN FAVOR OF THE CITY OF LUBBOCK AS REQUIRED BELOW, OR IN THE ALTERNATIVE, SHALL BE ACCOMPANIED BY A STATEMENT FROM THE CONTRACTOR TO THE EFFECT THAT NO WORK ON THIS PARTICULAR PROJECT SHALL BE SUBCONTRACTED. IT SHALL BE THE CONTRACTOR'S RESPONSIBILITY TO PROVIDE TO THE OWNER ALL PROOF OF COVERAGE INSURANCE DOCUMENTS INCLUDING WORKERS COMPENSATION COVERAGE FOR EACH SUBCONTRACTOR A. 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 Personal Injury & Advertising Injury Heavy Equipment XCU (Explosion, Collapse, Underground) B. Owner's and Contractor's Protective Liability Insurance — NOT REQUIRED C. Comprehensive Automobile Liability Insurance (Waiver of Subrogation Required) The Contractor shall have Comprehensive Automobile Liability Insurance with limits of not less than; Bodily Injury/Property Damage, $500,000 Combined Single Limit, to include all owned and non -owned cars including: Employers Non -ownership Liability Hired and Non -owned Vehicles. D. Builder's Risk Insurance/Installation Floater Insurance — NOT REQUIRED E. Umbrella Liability Insurance — NOT REQUIRED F. Worker's Compensation and Employers Liability Insurance (Waiver of Subrogation required) Worker's Compensation Insurance covering all employees whether employed by the Contractor or any Subcontractor on the job with Employers Liability of at least 50$ 0,000. 1. Definitions: Certificate of coverage ("certificate") - A copy of a certificate of insurance, a certificate of authority to self -insure issued by the commission, or a coverage agreement (TWCC-81, TWCC- 82, TWCC-83, or TWCC-84), showing statutory workers' compensation insurance coverage for the persons or entity's employees providing services on a project, for the duration of the project. Duration of the project - includes the time from the beginning of the work on the project until the Contractor's/person's work on the project has been completed and accepted by the governmental entity. Persons providing services on the project ("subcontractor" in Section 406.096, Texas Labor Code) - includes all persons or entities performing all or part of the services the Contractor has undertaken to perform on the project, regardless of whether that person contracted directly 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. 8 3. The Contractor must provide a certificate of coverage to the governmental entity prior to being awarded the contract. 4. If the coverage period shown on the Contractor's current certificate of coverage ends during the duration of the project, the Contractor must, prior to the end of the coverage period, file a new certificate of coverage with the governmental entity showing that coverage has been extended. 5. The Contractor shall obtain from each person providing services on the project, and provide to the governmental entity: (a) a certificate of coverage, prior to that person beginning work on the project, so the governmental entity shall have on file certificates of coverage showing coverage for all persons providing services on the project; and (b) no later than seven days after receipt by the Contractor, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project. 6 The Contractor shall retain all required certificates of coverage for the duration of the project and for one year thereafter. 7. The Contractor shall notify the governmental entity in writing by certified mail or personal delivery, within 10 days after the Contractor knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project. 8. The Contractor shall post on each project site a notice, in the text, form and manner prescribed by the Texas Workers' Compensation Commission, informing all persons providing services on the project that they are required to be covered, and stating how a person may verify coverage and report lack of coverage. 9. The Contractor shall contractually require each person with whom it contracts to provide services on the project, to: (a) provide coverage, based on proper reporting of classification codes and payroll amounts ' and filing of any coverage agreements, which meets the statutory requirements of Texas Labor Code, Section 401.011(44) for all of its employees providing services on the project, for the duration of the project; (b) provide to the Contractor, prior to that person beginning work on the project, a certificate of coverage showing that coverage is being provided for all employees of the person providing services on the project, for the duration of the project; (c) provide the Contractor, prior to the end of the coverage period, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (d) obtain from each other person with whom it contracts, and provide to the Contractor: (1) a certificate of coverage, prior to the other person beginning work on the project; and (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; G. (e) (fl (g) retain all required certificates of coverage on file for the duration of the project and for one year thereafter; 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 contractually require each person with whom it contracts to perform as required by paragraphs (a) - (g), with the certificates of coverage to be provided to the person for whom they are providing services. 10. By signing this contract or providing or causing to be provided a certificate of coverage, the Contractor is representing to the governmental entity that all employees of the Contractor who shall provide services on the project shall be covered by worker's compensation coverage for the duration of the project, that the coverage will be based on proper reporting of classification codes and payroll amounts, and that all coverage agreements will be filed with the appropriate insurance carrier or, in the case of a self -insured, with the commission's Division of Self -Insurance Regulation. Providing false or misleading information may subject the Contractor to administrative penalties, criminal penalties, civil penalties, or other civil actions. 11. The Contractor's failure to comply with any of these provisions is a breach of contract by the Contractor which entitles the governmental entity to declare the contract void if the Contractor does not remedy the breach within ten days after receipt of notice of breach from the governmental entity. Proof of Coverage Before work on this contract is commenced, each Contractor and subcontractor shall submit to the Owner for approval five Certificates -of Insurance covering each insurance policy carried and offered as evidence of compliance with the above insurance requirements, signed by an authorized representative of the insurance company setting forth: (1) The name and address of the insured. (2) The location of the operations to which the insurance applies. (3) The name of the policy and type or types of insurance in force thereunder on the date borne by such certificate. (4) The expiration date of the policy and the limit or limits of liability thereunder on the date borne by such certificate. (5) A provision that the policy may be canceled only by mailing written notice to the named insured at -the address shown in the bid specifications. (6) A provision that written notice shall be given to the City ten days prior to any change in or cancellation of the policies shown on the certificate. (7) The certificate or certificates shall be on the form (or identical copies thereof) contained in the job specifications. No substitute of nor amendment thereto will be acceptable. (8) If policy limits are paid, new policy must be secured for new coverage to complete project. (9) A Contractor shall: (a) provide coverage for its employees providing services on a project, for the duration of the project based on proper reporting of classification codes and payroll amounts and filling of any coverage agreements; 10 (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 (www.tdi.state.tz.us) to receive information of the legal requirements for coverage, to verify whether your employer has provided the required coverage, or to -..; report an employer's failure to provide coverage; " and (h) contractually require each person with whom it contracts to provide services on a project, to: (i) provide coverage based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements for all of its employees providing services on the project, for the duration of the project; (ii) provide a certificate of coverage to the Contractor prior to that person beginning work on the project; (iii) include in all contracts to provide services on the project the following language: 29. "By signing this contract or providing or causing to be provided a certificate of coverage, the person signing this contract is representing to the governmental entity that all employees of the person signing this contract who will provide services on the project will be covered by workers' compensation coverage for the duration of the project, that the coverage will be based on proper reprinting of classification codes and payroll amounts, and that all coverage agreements will be filed with the appropriate insurance carrier or, in the case of a self -insured, with the commission's Division of Self -Insurance Regulation. Providing false or misleading information may subject the Contractor to administrative penalties, criminal penalties, civil penalties, or other civil actions."; (iv) provide the Contractor, prior to the end of the coverage period, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (v) obtain from each other person with whom it contracts, and provide to the Contractor: (1) a certificate of coverage, prior to the other person beginning work on the project; and (2) prior to the end of the coverage period, a new certificate of coverage showing extension of the coverage period, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (vi) retain all required certificates of coverage on file for the duration of the project and for one year thereafter; (vii) notify the governmental entity in writing by certified mail or personal delivery, within 10 days after the person knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project; and (viii) contractually require each other person with whom it contracts, to perform as required by paragraphs (i)-(viii), with the certificate of coverage to be provided to the person for whom they are providing services. DISABLED EMPLOYEES Contractors having more than fifteen (15) employees agree to comply with the Americans with Disabilities Act of 1990, and agree not to discriminate against a qualified individual with a disability because of the disability of such individual in regard to job application procedures, the hiring, advancement, or discharge of employees, employee compensation, job training, and other terms, conditions, and privileges of employment. 30. PROTECTION AGAINST CLAIMS OF SUBCONTRACTORS LABORERS MATEMALMEN AND FURNISHERS OF MACHINERY, EQUIPMENT AND SUPPLIES Without limiting, in any way, manner or form, the indemnity provided by Contractor in paragraph 27 hereof, the Contractor agrees that it will indemnify and save the Owner and all of its officers, agents and employees, harmless against any and all claims, liabilities, losses, damages, expenses and causes of action arising out of, in any way, manner or form, the demands of subcontractors, laborers, workmen, mechanics, 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 12 shall furnish satisfactory evidence that all obligations of the nature hereinabove designated have been paid, discharged or waived. 31. PROTECTION AGAINST ROYALTIES OR PATENT INVENTION The Contractor shall pay all royalties and license fees, and shall provide for the use of any design, device, material or process covered by letters patent or copyright by suitable legal agreement with the Patentee or owner thereof. Without limiting, in any way, manner or form, the indemnity provided by Contractor in paragraph 27 hereof, the Contractor shall defend all suits or claims for infringement of any patent or copyrights and shall indemnify and save the Owner, and all of its officers, agents and employees harmless from any loss on account thereof, except that Owner shall defend all such suits and claims and shall be responsible for all such loss when a particular design, device, material or process or the product of a particular manufacturer or manufacturers is specified or required in these contract documents by Owner; provided, however, if choice of alternate design, device, material or process is allowed to the Contractor, then Contractor shall indemnify and save Owner, and all of its officers, agents and employees harmless from any loss on account thereof. Notwithstanding anything herein to the contrary, if the material or process specified or required by Owner and/or this contract is an infringement, the Contractor shall be responsible for such loss unless it gives written notice of such infringement to the Owner's Representative prior to bidding. 32. LAWS AND ORDINANCES The Contractor shall at all times observe and comply with all federal, state and local laws, ordinances and regulations, which in any manner affect the contract or the work, and without limiting, in any way, manner or form, the indemnity provided by Contractor in paragraph 27 hereof, Contractor shall indemnify and save harmless the Owner, and all of its officers, agents, and employees against any claims arising from the violation of any such laws, ordinances, and regulations, whether by the Contractor, its employees, or subcontractors. If the Contractor observes that the plans and specifications are at variance therewith, he shall notify the Owner's Representative in writing prior to bidding and any necessary changes shall be adjusted as provided in the contract for changes in the work. In the absence of timely written notification to Owner's Representative of such variance or variances within said time, any objection and/or assertion that the plans and specifications are at variance with any federal, state or local laws, ordinances or regulations shall be deemed waived. If the Contractor, its employees or subcontractors perform any work contrary to such laws, ordinances, rules and regulations, and without such notice to the Owner's Representative, Contractor shall bear all costs arising therefrom. The Owner is a municipal corporation of the State of Texas and the law from which it derives its powers, insofar as the same regulates the objects for which, or the manner in which, or the conditions under which the Owner may enter into contracts, shall be controlling, and shall be considered as part of this contract to the same effect as though embodied herein. 33. SUBCONTRACTING The Contractor agrees that it will retain personal control and will give its personal attention to the fulfillment of this contract. The Contractor further agrees that subletting of any portion or feature of the work, or materials required in the performance of this contract, shall not relieve the Contractor from its full obligations to the Owner, as provided by the contract documents. 34. TIME FOR SUBSTANTIAL COMPLETION AND LIQUIDATED DAMAGES It is hereby understood and mutually agreed by and between the Contractor and the Owner, that the date of beginning and time for completion as specified in the contract documents, of work to be done hereunder are essential conditions of this contract; and it is further mutually understood and agreed that the work embraced in this contract shall be commenced as provided in the contract documents. If the Contractor should neglect, fail, or refuse to substantially complete the work within the time herein specified, then the Contractor does hereby agree as part of the consideration for the awarding of this contract, the Owner 13 may withhold permanently from Contractor's total compensation, the sum of $25 (TWENTY-FIVE DOLLARS AND 00/1001 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. 35. TIME AND ORDER OF COMPLETION It is the meaning and intent of this contract, unless otherwise herein specifically provided, that the Contractor shall be allowed to prosecute its work at such time and sessions, in such order of precedence, and in such manner as shall be most conductive to economy of construction; provided, however, that the order and time of prosecution shall be such that the work shall be substantially completed as a whole and in part, in accordance with this contract, the plans and specifications, and within the time of completion designated in the bid; provided, also, that when the Owner is having other work done, either by contract or by its own force, the Owner's Representative may direct the time and manner of constructing work done under this contract so that conflicts will be avoided and the construction of the various works being done for the Owner shall be harmonized. The Contractor shall submit, at such times as may reasonably be requested by the Owner's Representative, schedules which shall show the order in which the Contractor intends to carry on the work, with dates at which the Contractor will start the several parts of the work and estimated dates of completion of the several parts. 36. TIME OF PERFORMANCE The Contractor agrees that it has submitted its bid in full recognition of the time required for the completion of this project, taking into consideration the average climatic range and industrial conditions prevailing in this locality, and has considered the liquidated damage provisions of paragraph 34 hereinabove set forth and expressly agrees that it shall not be entitled to, nor will it request, an extension of time on this contract, except when its work has been delayed by an act or neglect of the Owner, Owner's Representative, employees of the Owner or other contractors employed by the Owner, or by changes ordered in the work, or by strike, walkouts, acts of God or the public enemy, fire or flood. Any request for extension shall be in writing with the written request for same setting forth all justifications, in detail, for the request, and submitted to Owner's Representative within twenty (20) calendar days of the occurrence of the event causing said delay. A failure by Owner's Representative to affirmatively grant the extension no later than twenty (20) calendar days of written submission by Contractor shall be deemed a denial, and final. Further, in the absence of timely written notification of such delay and request for extension, as provided herein, any request for extension by Contractor shall be deemed waived. 37. HINDRANCE AND DELAYS In executing the contract, the Contractor agrees that in undertaking to complete the work within the time herein fixed, Contractor has taken into consideration and made allowances for all hindrances and delays incident to such work, whether growing out of delays due to unusual and unanticipated circumstances, difficulties or delays in securing material or workmen, or any other cause or occurrence. No charge shall be made by the Contractor for hindrance or delays from any cause during the progress of any part of the work embraced in this contract except where the work is stopped by order of the Owner or Owner's Representative for the Owner's convenience, in 14 which event, such expense as in the sole judgment of the Owner's Representative that is caused by such stoppage shall be paid by Owner to Contractor. 38. QUANTITIES AND MEASUREMENTS No extra or customary measurements of any kind will be allowed, but the actual measured or computed length, area, solid contents, number and weight only shall be considered, unless otherwise specifically provided. In the event this contract is let on a unit price basis, then Owner and Contractor agree that this contract, including the specifications, plans and other contract documents are intended to show clearly all work to be done and material to be furnished hereunder. Where the estimated quantities are shown, and only when same are expressly stated to be estimates, for the various classes of work to be done and material to be furnished under this contract, they are approximate and are to be used only as a basis for estimating the probable cost of the work and for comparing their bids offered for the work. In the event the amount of work to be done and materials to be furnished are expressly stated to be estimated, and only when same are expressly stated to be estimated, it is understood and agreed that the actual amount of work to be done and the materials to be furnished under this contract may differ somewhat from these estimates, and that where the basis for payment under this contract is the unit price method, payment shall be for the actual amount of work done and materials furnished on the project. 39. PROTECTION OF ADJOINING PROPERTY The Contractor shall take proper means to protect the adjacent or adjoining property or properties in any way encountered, which may be injured or seriously affected by any process of construction to be undertaken under this agreement, from any damage or injury by reason of said process of construction; and Contractor shall be liable for any and all claims for such damage on account of his failure to fully protect all adjacent property. Without limiting, in any way, manner and form, the indemnity provided by Contractor in paragraph 27 hereof, the Contractor agrees to indemnify, save and hold harmless the Owner, and any of its officers, agents and employees, against any and all claims or damages due to any injury to any adjacent or adjoining property, related to, arising from or growing out of the performance of this contract. 40. PRICE FOR WORK In consideration of the furnishing of all necessary labor, equipment and material and the completion of all work by the Contractor, and on the delivery of all materials embraced in this contract in full conformity with the specifications and stipulations herein contained, the Owner agrees to pay the Contractor the price set forth in the bid proposal attached hereto, which has been made a part of this contract, and the Contractor hereby agrees to receive such price in full for furnishing all materials and all labor required for the aforesaid work, also, for all expenses incurred by Contractor and for well and truly performing the same and the whole thereof in the manner and according to this agreement, the attached specifications, plans, contract documents and requirements of Owner's Representative. 41. PAYMENTS No payments made or certificates given shall be considered as conclusive evidence of the performance of the contract, either wholly or in part, nor shall any certificate or payment be considered as acceptance of defective work. Contractor shall at any time requested during the progress of the work furnish the Owner or Owner's Representative with a verifying certificate showing the Contractor's total outstanding indebtedness in connection with the work. Before final payment is made, Contractor shall satisfy Owner, by affidavit or otherwise, that there are no outstanding liens against Owner's premises by reason of any work under the contract. Acceptance by Contractor of final payment of the contract price shall constitute a waiver of all claims against Owner, Owner's agents and employees, which have not theretofore been timely filed as provided in this contract. 42. PARTIAL PAYMENTS On or before the tenth day of each month, the Contractor shall submit to Owner's Representative an application for partial payment or, if the Contractor does not submit such application, the Owner's Representative shall 15 determine the amount to be partially paid. Owner's Representative shall review said application for partial payment if submitted, and the progress of the work made by the Contractor and if found to be in order, shall prepare a certificate for partial payment showing as completely as practical the total value of the work done by the Contractor up to and including the last day of the preceding month. The determination of the partial payment by the Owner's Representative shall be in accordance with Paragraph 14 hereof. The Owner shall then pay the Contractor on or before the fifteenth day of the current month the total amount of the Owner's Representative's Certificate of Partial Payment, less 5% of the amount thereof, which 5% shall be retained until final payment, and further, less all previous payments and all further sums that may be retained by Owner under the terms of the contract documents. Any partial payment made hereunder shall not constitute a waiver by the Owner of any and all other rights to enforce the express terms of the contract documents, and all remedies provided therein, as to any and all work performed, to be performed and/or materials delivered hereunder, including, but limited to, work to which said partial payment is attributable. 43. SUBSTANTIAL COMPLETION Contractor shall give Owner's Representative written notice of substantial completion. Within thirty-one (31) working days after the Contractor has given the Owner's Representative written notice that the work has been substantially completed, the Owner's Representative and/or the Owner shall inspect the work and within said time, if the work be found to be substantially completed in accordance with the contract documents, the Owner's Representative shall issue to the Owner and Contractor a certificate of substantial completion. Notwithstanding the issuance of a certificate of substantial completion, Contractor shall proceed with diligence to finally complete the work within the time provided in this contract. 44. FINAL COMPLETION AND PAYMENT The Contractor shall give written notice to Owner's Representative of final completion. Upon written notice of final completion, the Owner's Representative shall proceed to make final measurement to determine whether final completion has occurred. If the Owner's Representative determines final completion has occurred, Owner's Representative shall so certify to the Owner. Upon certification by Owner's Representative of final completion, Owner shall pay to the Contractor on or before the 31 st working day after the date of certification of final completion, the balance due Contractor under the terms of this agreement. Neither the certification of final completion nor the final payment, nor any provisions in the contract documents shall relieve the Contractor of the obligation for fulfillment of any warranty which may be required in the contract documents and/or any warranty or warranties implied by law or otherwise. 45. CORRECTION OF WORK Contractor shall promptly remove from Owner's premises all materials condemned by the Owner's Representative on account of failure to conform to the contract documents, whether actually incorporated in the work or not, and Contractor shall at its own expense promptly replace such condemned materials with other materials conforming to the requirements of the contract documents. Contractor shall also bear the expense of restoring all work of other contractors damaged by any such removal or replacement. If Contractor does not remove and replace any such condemned work within a reasonable time after a written notice by the Owner or the Owner's Representative, Owner may remove and replace it at Contractor's expense. Neither the final payment, nor certification of final completion or substantial completion, nor any provision in the contract documents shall relieve the Contractor of responsibility for faulty materials or workmanship, and Contractor shall remedy any defects due thereto and pay for any damage to other work resulting therefrom, which shall appear within a period of one (1) year from the date of certification of final completion by Owner's Representative. 16 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. When the above grounds are removed, or the Contractor provides a surety bond satisfactory to the Owner, in the amount withheld, payment shall be made for amounts withheld because of them. 47. CLAIM OR DISPUTE It is further agreed by both parties hereto that all questions of dispute or adjustment presented by the Contractor shall be in writing and filed with the Owner's Representative within fifteen (15) calendar days after the Owner's Representative has given any direction, order or instruction to which the Contractor desires to take exception. Timely written notice of dispute as provided in this contract of any decision by Owner's Representative or Owner shall be a condition precedent to the bringing and/or assertion of any action or claim by Contractor of any right under this Contract. If the matters set forth in the notice of dispute are not granted or otherwise responded to by Owner's Representative within fifteen (15) calendar days of receipt of notice of dispute by Owner's Representative, said objections shall be deemed denied. Any decision by the Owner's Representative, or deemed denial by the Owner's Representative, shall be final and conclusive in the absence of fraud. It is further agreed that the acceptance by the Contractor of the final payment shall be a bar to any and all claims of the Contractor, and constitute a waiver of the right to assert any claim against Owner, Owner's agents and employees and Owner's Representative, by Contractor. 48. NON-COMPLIANCE AND/OR ABANDONMENT BY CONTRACTOR In case the Contractor should (1) abandon and fail or refuse to resume work within fifteen (15) calendar days after written notification from the Owner or the Owner's Representative, or (2) if the Contractor fails to comply with the written orders of the Owner's Representative, when such orders are consistent with this contract, then the Surety on the bond shall be notified in writing and directed to complete the work and a copy of said notice shall be delivered to the Contractor. In the event a bond is not required by law, or otherwise obtained by the Contractor, no further notice of such non-compliance to Contractor shall be required. After receiving said notice of abandonment or non-compliance , the Contractor shall not remove from the work any machinery, equipment, tools, materials or supplies then on the job, but the same, together with any materials and equipment under the contract for work, may be held for use on the work by the Owner or the Surety of the Contractor, or another contractor, in completion of the work; and the Contractor shall not receive any rental or credit therefore (except when used in connection with Extra Work, where credit shall be allowed as provided for under paragraph 24 of this contract); it being understood that the use of such equipment and materials will ultimately reduce the cost to complete the work and be reflected in the final settlement. In the event the Contractor, or Surety, whichever is applicable, should fail to commence compliance with the notice hereinbefore provided within ten (10) calendar days after service of such notice, and/or shall fail to proceed with diligence to complete the project as contemplated and in compliance with all terms and provisions of the contract documents, then the Owner may exercise any and all remedies available to it pursuant to law, contract, equity or otherwise, including, but not limited to, providing for completion of the work in either of the following elective manners: (a) The Owner may employ such force of men and use of machinery, equipment, tools, materials and supplies as said Owner may deem necessary to complete the work and charge the expense of such labor, machinery, equipment, tools, materials and supplies to said Contractor, and the expense so charged shall be deducted and paid by the Owner out of such moneys as may be due, or that may thereafter at any time 17 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 bids, after notice published as required by law, at least twice in a newspaper having a general circulation in the County of location of the work, may let the contract for the completion of the work under substantially the same terms and conditions which are provided in this contract. In case of any increase in cost to the Owner under the new contract as compared to what would have been the cost under this contract, such increase shall be charged to the Contractor and the Surety shall be and remain bound therefore. Should the cost to complete any such new contract prove to be less than that which would have been the cost to complete the work under this contract, the Contractor or his Surety shall be credited therewith. In the event the Owner's Representative elects to complete the work, as described above, when the work shall have been finally completed, the Contractor and his Surety shall be so notified and certification of completion as provided in paragraph 44 hereinabove set forth, shall be issued. A complete itemized statement of the contract accounts, certified to by Owner's Representative as being correct shall then be prepared and delivered to Contractor and his Surety, if applicable, whereon the Contractor or his Surety, or the Owner as the case may be, shall pay the balance due as reflected by said statement within 30 days after the date of certification of completion. In the event the statement of accounts shows that the cost to complete the work is less than that which would have been the cost to the Owner had the work been completed by the Contractor under the terms of this contract, or when the Contractor and/or his Surety, if applicable, shall pay the balance shown to be due by them to the Owner, then all machinery, equipment, tools, materials or supplies left on the site of the work shall be turned over to the Contractor and/or his Surety, if applicable. Should the cost to complete the work exceed the contract price, and the Contractor and/or his Surety, if applicable, fail to pay the amount due the Owner within the time designated hereinabove, and there remains any machinery, equipment, tools, materials or supplies on the site of the work, notice thereof, together with an itemized list of such equipment and materials shall be mailed to the Contractor and his Surety, if applicable, at the respective addresses designated in this contract; provided, however, that actual written notice given in any manner will satisfy this condition. After mailing, or other giving of such notice, such property shall be held at the risk of the Contractor and his Surety, if applicable, subject only to the duty of the Owner to exercise ordinary care to protect such property. After fifteen (15) calendar days from the date of said notice the Owner may sell such machinery, equipment, tools, materials or supplies and apply the net sum derived from such sale to the credit of the Contractor and his Surety, if applicable. Such sale may be made at either public or private sale, with or without notice, as the Owner may elect. The Owner shall release any machinery, equipment, tools, materials, or supplies that remain on the jobsite and belong to persons other than the Contractor or his Surety, if applicable, to their proper owners. The remedies provided to Owner by law, equity, contract, or otherwise, shall be cumulative, to the extent permitted by law. It is expressly agreed and understood that the exercise by Owner of the remedies provided in this paragraph shall not constitute an election of remedies on the part of Owner, and Owner, irrespective of its exercise of remedies hereunder, shall be entitled to exercise concurrently or otherwise, any and all other remedies available to it, by law, equity, contract or otherwise, including but not limited to, liquidated damages, as provided in paragraph 34, hereinabove set forth. 49. LIMITATION ON CONTRACTOR'S REMEDY The remedies of Contractor hereunder shall be limited to, and Owner shall be liable only for, work actually performed by Contractor and/or its subcontractors as set forth in the contract documents, and Owner shall not be liable for any consequential, punitive or indirect loss or damage that Contractor may suffer in connection with the project which is the subject matter of this contract. 18 50. BONDS The Contractor is required to furnish a performance bond in accordance with Chapter 2253, Government Code, in the amount of 100% of the total contract price in the event that said contract price exceeds $100,000 and the Contractor is required to furnish a payment bond in accordance with Chapter 2253, Government Code, in the amount of 100% of the total contract price in the event that said contract price exceeds $25,000. All bonds shall be submitted on forms supplied by the Owner, and executed by an approved Surety Company authorized to do business in the State of Texas. It is further agreed that this contract shall not be in effect until such bonds are so furnished. 51. SPECIAL CONDITIONS In the event special conditions are contained herein as part of the contract documents and said special conditions conflict with any of the general conditions contained in this contract, then in such event the special conditions shall control. 52. LOSS OR EXPENSE DUE TO UNUSUAL OR UNANTICIPATED CIRCUMSTANCES Unless otherwise specified herein, all loss, expense or damage to the Contractor arising out of the nature of the work to be done, or from the action of the elements, or from any unforeseen circumstance or from unusual obstructions or difficulties, naturally occurring, man made or otherwise, which may be encountered in the prosecution of the work, shall be sustained and borne by the Contractor at his own cost and expense. 53. INDEPENDENT CONTRACTOR Contractor is, and shall remain, an independent contractor with full, complete and exclusive power and authority to direct, supervise, and control its own employees and to determine the method of the performance of the work covered hereby. The fact that the Owner or Owner's Representative shall have the right to observe Contractor's work during Contractor's performance and to carry out the other prerogatives which are expressly reserved to and vested in the Owner or Owner's Representative hereunder, is not intended to and shall not at any time change or effect the status of the Contractor as an independent contractor with respect to either the Owner or Owner's Representative or to the Contractor's own employees or to any other person, firm, or corporation. 54. CLEANING UP The Contractor shall at all times keep the premises free from accumulation of debris caused by the work, and at the completion of the work Contractor shall remove all such debris and also its tools, scaffolding, and surplus materials and shall leave the work room clean or its equivalent. The work shall be left in good order and condition. In case of dispute Owner may remove the debris and charge the cost to the Contractor. 55. HAZARDOUS SUBSTANCES AND ASBESTOS Hazardous Substances (herein so called), as defined in the Comprehensive Environmental Response, Compensation, and Liability Act (42 U.S.C.S. §9601(14)) and the regulations promulgated thereunder, as same may be amended from time to time, hydrocarbons or other petroleum products or byproducts and/or asbestos, in any form, shall not (i) be utilized, in any way, manner or form, in the construction of, or incorporation into, the Project; or (ii) be brought upon, placed, or located, by any party, on the Project site, or any other property of the City, without the written consent of the Owner's Representative. If Contractor believes that the utilization of a Hazardous Substance, hydrocarbons or other petroleum products or byproducts and/or asbestos is necessary in the construction of the Project, or that it is necessary to place and/or otherwise locate upon the site of the Project or other property of the City, a Hazardous Substance, hydrocarbons or other petroleum products or byproducts and/or asbestos, Contractor shall notify the Owner's Representative, and request consent therefrom, at least twenty (20) days prior to such action. Owner's Representative may grant or deny the request of Contractor and provide whatever requirements such consent, if granted, is conditioned upon, in its sole and absolute discretion. If 19 the request of Contractor is not granted, or otherwise not responded to, by Owner's Representative within five (5) days of the receipt of said request, said request shall be deemed to be denied. In the event Owner's Representative shall consent to the request of Contractor, Contractor shall be responsible for ensuring that all personnel involved in the Project are (i) trained for the level of expertise required for proper performance of the actions contemplated by this Contract and, in particular, in all aspects of handling, storage, disposal and exposure of Hazardous Substances, hydrocarbons or other petroleum products or byproducts and/or asbestos; and (ii) are provided and utilize all protective equipment, including without limitation, personal protective gear, necessary to provide protection from exposure to Hazardous Substances, hydrocarbons or other petroleum products or byproducts and/or asbestos. 56. NONAPPROPRIATION All funds for payment by the City under this contract are subject to the availability of an annual appropriation for this purpose by the City. In the event of non -appropriation of funds by the City Council of the City of Lubbock for the goods or services provided under the contract, the City will terminate the contract, without termination charge or other liability, on the last day of the then -current fiscal year or when the appropriation made for the then -current year for the goods or services covered by this contract is spent, whichever event occurs first. If at any time funds are not appropriated for the continuance of this contract, cancellation shall be accepted by the Seller on thirty (30) days prior written notice, but failure to give such notice shall be of no effect and the City shall not be obligated under this contract beyond the date of termination. 57. THE CITY RIGHT TO AUDIT At any time during the term of this Contract and for a period of four (4) years thereafter the City or a duly authorized audit representative of the City, or the State of Texas, at its expense and at reasonable times, reserves the right to audit Contractor's records and books relevant to all services provided under this Contract. In the event such an audit by the City reveals any errors/overpayments by the City, Contractor shall refund the City the full amount of such overpayments within thirty (30) days of such audit findings, or the City, at its option, reserves the right to deduct such amounts owing the City from any payments due Contractor. 20 DAVIS BACON WAGE DETERMINATIONS Page Intentionally Left Blank EXHIBIT A GENERAL DECISION: TX20080028 02/08/2008 TX28 Date: February 8, 2008 General Decision Number: TX20080028 02/08/2008 Superseded General Decision Number: TX20070028 State: Texas Construction Types: Heavy and Highway Counties: Ector, Lubbock, Midland, Potter, Randall, Taylor and Tom Green Counties in Texas. HEAVY (excluding tunnels & dams) and HIGHWAY PROJECTS (does not include building structures in rest area projects). Modification Number Publication Date 0 02/08/2008 * SUTX2004-001 11/09/2004 Rates Asphalt Distributor Operator...$ 9.25 Asphalt Heater Operator ........ $ 11.21 Asphalt paving machine operator$ 11.16 Asphalt Raker ..................$ 9.51 Broom or Sweeper Operator ...... $ 8.57 Bulldozer operator ...........$ 9.76 Carpenter ......................$ 12.61 Concrete Finisher, Paving ...... $ 13.26 Concrete Finisher, Structures..$ 11.20 Crane, Clamshell, Backhoe, Derrick, Dragline, Shovel Operator .......................$ 11.00 Electrician ....................$ 17.00 Form Builder/Setter, Structures$ 9.26 Form Setter, Paving & Curb ..... $ 9.82 Front End Loader Operator ...... $ 10.52 Laborer, common ................$ 8.51 Laborer, Utility ...............$ 10.46 Mechanic .......................$ 16.85 Motor Grader Operator Rough .... $ 11.75 Motor Grader Operator, Fine Grade ..........................$ 13.50 Planer Operator ................$ 13.36 Roller Operator, Pneumatic, Self -Propelled .................$ 7.67 Roller Operator, Steel Wheel, Flat Wheel/Tamping.............$ 8.06 Roller Operator, Steel Wheel, Plant Mix Pavement .............$ 7.50 Scraper Operator ...............$ 8.50 Servicer .......................$ 8.98 Fringes 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 Slip Form Machine Operator ..... $ 13.64 0.00 Tractor operator, Pneumatic....$ 12.00 0.00 Traveling Mixer Operator ....... $ 12.00 0.00 Truck driver, lowboy -Float ..... $ 12.67 0.00 Truck driver, Single Axle, Heavy ..........................$ 8.50 0.00 Truck driver, Single Axle, Light ..........................$ 8.08 0.00 Truck Driver, Tandem Axle, Semi -Trailer ...................$ 8.66 0.00 Welder .........................$ 15.25 0.00 Work Zone Barricade Servicer... ---------------------------------------------------------- $ 8.28 0.00 WELDERS - Receive rate prescribed for craft performing operation to which welding is incidental. ---------------------------------------------------------------- ---------------------------------------------------------------- Unlisted classifications needed for work not included within the scope of the classifications listed may be added after award only as provided in the labor standards contract clauses (29CFR 5.5 (a) (1) (ii)). ---------------------------------------------------------------- In the listing above, the "SU" designation means that rates listed under the identifier do not reflect collectively bargained wage and fringe benefit rates. Other designations indicate unions whose rates have been determined to be prevailing. ---------------------------------------------------------------- WAGE DETERMINATION APPEALS PROCESS 1.) Has there been an initial decision in the matter? This can be: * an existing published wage determination * a survey underlying a wage determination * a Wage and Hour Division letter setting forth a position on a wage determination matter * a conformance (additional classification and rate) ruling On survey related matters, initial contact, including requests for summaries of surveys, should be with the Wage and Hour Regional Office for the area in which the survey was conducted because those Regional Offices have responsibility for the Davis -Bacon survey program. If the response from this initial contact is not satisfactory, then the process described in 2.) and 3.) should be followed. With regard to any other matter not yet ripe for the formal process described here, initial contact should be with the Branch of Construction Wage Determinations. Write to: Branch of Construction Wage Determinations Wage and Hour Division U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 2.) If the answer to the question in 1.) is yes, then an interested party (those affected by the action) can request review and reconsideration from the Wage and Hour Administrator (See 29 CFR Part 1.8 and 29 CFR Part 7). Write to: Wage and Hour Administrator U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 The request should be accompanied by a full statement of the interested party's position and by any information (wage payment data, project description, area practice material, etc.) that the requestor considers relevant to the issue. 3.) If the decision of the Administrator is not favorable, an interested party may appeal directly to the Administrative Review Board (formerly the Wage Appeals Board). Write to: Administrative Review Board U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 4.) All decisions by the Administrative Review Board are final. END OF GENERAL DECISION 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. Page Intentionally Left Blank I SPECIFICATIONS Page Intentionally Left Blank HDR Project No. (lC 008-70470 l GRIST rOPHE. L Pa KER s .. ........ _.__: _.. Table of Contents Specifications DIVISION 1 - GENERAL REQUIREMENTS 01060 SPECIAL CONDITIONS 01061 BID ITEMS: SCOPE OF WORK 01340 SUBMITTALS f dF ,t x t. STANDARD TECHNICAL SPECIFICATIONS TXDOT STANDARD SPECIFICATIONS FOR CONSTRUCTION AND MAINTENANCE OF HIGHWAYS, STREETS, AND BRIDGES (2004 EDITION) http://www.dot.state.tx.us/business/specifications.htm SPECIAL SPECIFICATIONS CORRUGATED HDPE PIPE IRRIGATION SYSTEM SPECIFICATIONS t OW08-70470 City of Lubbock Mose Hood & Stumpy Hamilton Park Drainage Improvements - December 2008 Table of Contents - I i DIVISION 1 GENERAL REQUIREMENTS 1 2008/ 10/28 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 SECTION 01060 SPECIAL CONDITIONS PART1- GENERAL 1.1 SUMMARY A. Section Includes: 1. Administrative and procedural requirements for: a. Preconstruction Conference. b. Project signs. c. Contractor's Superintendent's Field Office. d. Drawings and Contract Documents for Contractor use. e. Contractor Responsibilities. f. Project video. g. Project photographs. h. Testing. i. Project meetings. j. Video recording equipment. k. Special considerations related to adjacent properties and facilities. 1. Water for Construction. in. Historical and archaeological finds. B. Related Sections include but are not necessarily limited to: 1. Division 0 - Bidding Requirements, Contract Forms, and Conditions of the Contract. 2. Division 1 - General Requirements. 1.2 PRECONSTRUCTION CONFERENCE A. A preconstruction conference shall be held at the Owner's offices after award of Contract. 1. Owner will notify the Contractor as to the date and time of the conference two (2) weeks in advance of the proposed date. 2. Contractor's Project Manager and Project Superintendent and Contractor's Subcontractor Representatives shall attend. 1.3 PROJECT SIGNS A. Contractor may furnish and install the following signs at their discretion: 1. Project sign as approved by Owner. B. Install in location approved by Owner. C. Signs not listed in this Specification permitted only upon approval of Owner. 1.4 CONTRACTOR'S SUPERINTENDENT'S FIELD OFFICE A. Optional — Contractor shall make all arrangements for a site and all required utilities, if a field office is desired. B. Remove field office from site upon acceptance of the entire work by the Owner. 1.5 DRAWINGS AND CONTRACT DOCUMENTS FOR CONTRACTOR USE A. Refer to General Conditions. B. Contractor shall pickup all "no -charge" documents within 10 days from date of Notice to Proceed. 00008-70470 City of Lubbock Mose Hood & Stumpy Hamilton Park Drainage Improvements - December 2008 01060 - 1 I C. Additional documents after "no -charge" documents will be furnished to Contractor at cost. 2 1.6 CONTRACTOR RESPONSIBILITIES 3 A. Contractor responsible for staking and surveying from Owner established project control points 4 as required to complete the Work. 5 B. As -Built or Record Drawings: 6 1. Contractor shall maintain a record of Contract Documents in a safe place on Site with 7 written interpretations and clarifications in good order and annotated to show changes made 8 during construction. 9 2. Upon completion of the Work, completed record documents shall be delivered to Engineer 10 for Owner. 11 3. Contractor shall furnish survey information for record drawings. 12 C. Contractor shall be solely responsible for initiating, maintaining and supervising all safety 13 precautions and programs in connection with the Work. 14 1. Contractor shall designate a qualified and experienced safety representative at the Site 15 whose duties and responsibilities shall be prevention of accidents and maintenance and 16 supervision of safety precautions and programs. 17 1.7 PROJECT VIDEO 18 A. With company of Owner's Representative, perform video recording of the entire limits of 19 construction at each site prior to construction and upon final approval: 20 1. Submit two copies of video to Engineer. 21 1.8 PROJECT PHOTOGRAPHS 22 A. At least twice each month during construction of the Work, take at least 15 but not more than 30 23 progress photographs as directed by the Owner's Representative. 24 1. Photographs shall be digital photographs, minimum 3.0 megapixel (nominal) resolution. 25 2. Submit photographs in JPEG format on a compact disk (CD-R format) or via e-mail each 26 month with a laser -printed standard CD label identifying the Owner, Project, and 27 month/year the photographs were taken. Photograph file names shall include the sequence 28 number, month, day, and year of photography (example: #001_04-16-2003.JPG). 29 B. Project photos shall be submitted monthly with payment applications. 30 C. All rights of reproduction and ownership shall be conveyed to the OWNER 31 1.9 TESTING 32 A. Payment for Soil, Concrete and Other Testing: 33 1. Soils and concrete testing: 34 a. The Contractor will contract with an approved materials testing lab and pay for all soils 35 and concrete tests on the Project as required by the individual sections of Specifications 36 or Drawings. 37 b. Costs of corrective action, costs of "Failing" soils and concrete tests, and cost of testing 38 associated with establishment of mix design are the sole responsibility of the 39 Contractor. 40 2. Other testing: Required testing, testing procedures, reports, certificates, and costs associated 41 with all phases of securing required satisfactory test information which may be required by 42 individual sections of Specifications or Drawings are the full responsibility of the 43 Contractor. 44 1.10 PROJECT MEETINGS 45 A. Construction Meetings: 46 1. The Owner will conduct construction meetings involving: 47 a. Contractor's project manager. 00008-70470 City of Lubbock Mose Hood & Stumpy Hamilton Park Drainage Improvements - December 2008 01060 - 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 b. Contractor's project superintendent. c. Owner's designated representative(s). d. Engineer's designated representative(s). e. Contractor's subcontractors as appropriate to the Work in progress. f. Owner's Construction Quality Control Consultant. 2. Meetings will be conducted monthly, or as needed. 3. The Owner will take meeting minutes and submit copies of meeting minutes to participants and designated recipients identified at the Preconstruction Conference. a. Corrections, additions or deletions to the minutes shall be noted and addressed at the following meeting. 4. The Owner will schedule meetings for most convenient time frame. 5. The Owner will have available at each meeting full chronological files of all previous meeting minutes. 6. The Contractor shall have available at each meeting up-to-date record drawings. 1.11 VIDEO RECORDING EQUIPMENT 16 A. Provide full access to Owner or Owner's authorized representative to perform video recording of 17 construction activities, training sessions, start-up, trouble shooting, etc. 18 1.12 SPECIAL CONSIDERATIONS RELATED TO ADJACENT PROPERTIES AND 19 FACILITIES 20 21 22 23 24 25 26 27 A. Contractor shall be responsible for negotiations of any waivers or alternate arrangements required to enable transportation of materials to the site. B. Site safety will be the sole responsibility of the Contractor. All excavations will be backfilled or covered at the end of each work day. Barricades and fencing will be employed as necessary to ensure public safety. C. Maintain conditions of access roads to site such that access is not hindered as the result of construction related deterioration. 1.13 WATER FOR CONSTRUCTION 28 A. Contractor shall pay deposit and secure fire hydrant meter from Owner for water. 29 1. Contractor shall pay for water used for construction purposes. 30 1.14 HISTORICAL AND ARCHAEOLOGICAL 31 32 33 34 35 36 37 38 39 40 A. If during the course of construction, evidence of deposits of historical or archeological interest is found, the Contractor shall cease operations affecting the find and shall notify Owner. 1. No further disturbance of the deposits shall ensue until the Contractor has been notified by Owner that Contractor may proceed. 2. Owner will issue a notice to proceed after appropriate authorities have surveyed the find and made a determination to Owner. 3. Compensation to the Contractor, if any, for lost time or changes in construction resulting from the find, shall be determined in accordance with changed or extra work provisions of the Contract Documents. PART 2 - PRODUCTS - (NOT APPLICABLE TO THIS SECTION) 41 PART 3 - EXECUTION - (NOT APPLICABLE TO THIS SECTION) 42 END OF SECTION 00008-70470 City of Lubbock Mose Hood & Stumpy Hamilton Park Drainage Improvements - December 2008 01060 - 3 1 2 3 PART 1 - GENERAL SECTION 01061 BID ITEMS: SCOPE OF WORK 4 A. Section Includes: 5 1. A description of the work included with each Bid Item. 6 2. Basis of measurement and payment for each Bid Item. 7 B. Related Sections include but are not necessarily limited to: 8 1. Division 0 - Bidding Requirements, Contract Forms, and Conditions of the Contract. 9 2. Division 1 - General Requirements. 10 3. Texas Department of Transportation Standard Specifications for Construction and 11 Maintenance of Highways, Streets, and Bridges, Current Edition. 12 1.2 DESCRIPTION OF WORK 13 A. This Project involves improvements to the concrete lined channels within the Mose Hood and 14 Stumpy Hamilton Parks. Major Work items in the Project include demolition of existing 15 concrete channels and installation of storm sewer pipe and inlets and grading as detailed in the 16 Contract Documents. 17 1.3 DEFINITIONS 18 A. "Cost" refers to the total cost to the OWNER for the work described, including all of direct and 19 indirect costs borne by the Contractor in conjunction with the work described, plus Contractor's 20 overhead and profit associated with the work described. 21 1.4 BID ITEMS: 22 A. This project will utilize the current version of the Texas Department of Transportation 23 Standard Specifications for Construction and Maintenance of Highways, Streets, and Bridges 24 for scope and requirements of work and measurement and payment of quantities for bid items 25 provided in the Bid Submittal Form unless otherwise provided in this Section. 26 B. Bid Item TR-1: Tree Protection. 27 1. Work Included: 28 a. Installation and maintenance of tree protection measures of types and at locations as 29 specified on the drawings. Removal of tree protection measures upon final completion 30 of the project. 31 2. Measurement: Lump Sum. 32 C. Bid Item STR-1: Concrete Headwall with Steel Trash Rack. 33 1. Work Included: Furnish labor, material and equipment required for fabricating and 34 installing steel rack, installing concrete headwall, including excavating and replacing 35 unsuitable subgrade materials, shaping and compacting the subgrade, forming, installing 36 steel, placing concrete, and all other materials and equipment necessary for completion of 37 this bid item as detailed on the drawings. 38 2. Measurement: Each concrete headwall with steel trash rack. 39 D. Bid Item STR-2: Debris Interceptor. 40 1. Work Included: Furnish labor, material and equipment required for fabricating and 41 installing debris interceptor, including excavating and installing foundations, fabricating and 42 installing steel, placing concrete, and all other materials and equipment necessary for 43 completion of this bid item as detailed on the drawings. 44 2. Measurement: Each. 00008-70470 City of Lubbock Mose Hood & Stumpy Hamilton Park Drainage Improvements - December 2008 01061- 1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 1.5 ADDITIVE ALTERNATE BID ITEMS: A. Additive Alternate 2: Corrugated HDPE Pipe (24") (ADS N-12 ST IB Pipe (ASTM F2648) or equal) in lieu of 24" RCP. 1. Work Included: a. Furnishing and installing pipe per manufacture's recommendations as shown on the drawings, including bedding and backfill, complete with spoils disposal, connections to existing system and all other accessories required for a complete installation except as included in the scope of other bid items. b. Measurement and payment shall be the same as for TxDOT Item 464, Reinforced Concrete Pipe. B. Additive Alternate 3: Corrugated HDPE Pipe (36") (ADS N-12 ST IB Pipe (ASTM F2648) or equal) in lieu of 36" RCP. 1. Work Included: a. Furnishing and installing pipe per manufacture's recommendations as shown on the drawings, including bedding and backfill, complete with spoils disposal, connections to existing system and all other accessories required for a complete installation except as included in the scope of other bid items. b. Measurement and payment shall be the same as for TxDOT Item 464, Reinforced Concrete Pipe. END OF SECTION 00008-70470 City of Lubbock Mose Hood & Stumpy Hamilton Park Drainage Improvements - December 2008 01061 - 2 1 2008/10/28 2 _ 3 4 PART1- GENERAL 5 1.1 SUMMARY SECTION 01340 SUBMITTALS 6 A. Section Includes: 7 1. Mechanics and administration of the submittal process for: 8 a. Shop Drawings. 9 b. Samples. 10 c. Miscellaneous submittals. 11 2. General content requirements for Shop Drawings. 12 B. Related Sections include but are not necessarily limited to: 13 1. Division 0 - Bidding Requirements, Contract Forms, and Conditions of the Contract. 14 2. Division 1 - General Requirements. 15 3. Sections in the Standard Technical Specifications and Special Specifications identifying 16 required submittals. 17 1.2 DEFINITIONS 18 A. Shop Drawings: 19 1. See General Conditions. 20 2. Product data and samples are Shop Drawing information. 21 B. Miscellaneous Submittals: 22 1. Submittals other than Shop Drawings and O&M Manuals. 23 2. Representative types of miscellaneous submittal items include but are not limited to: 24 a. Construction schedule. 25 b. Concrete, soil compaction, and pressure test reports. 26 c. Installed equipment and systems performance test reports. 27 d. Manufacturer's installation certification letters. 28 e. Warranties. 29 f. Service agreements. 30 g. Construction photographs. 31 h. Survey data. 32 i. Cost breakdown (Schedule of Values). 33 1.3 SUBMITTAL SCHEDULE 34 A. Schedule of Shop Drawings: 35 1. Submitted and approved within 20 days of receipt of Notice to Proceed. 36 2. Account for multiple transmittals under any specification section where partial submittals 37 will be transmitted. 38 B. Shop Drawings: Submittal and approval prior to 50 percent completion. 39 1.4 PREPARATION OF SUBMITTALS 40 A. General: 41 1. All submittals and all pages of all copies of a submittal shall be completely legible. 42 2. Submittals which, in the Owner's sole opinion, are illegible will be returned without review. 43 B. Shop Drawings: 44 1. Scope of any submittal and letter of transmittal: 00008-70470 City of Lubbock Mose Hood & Stumpy Hamilton Park Drainage Improvements - December 2008 01340 - 1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 2. 3. 00008-70470 5. 6. a. Limited to one specification section. b. Do not submit under any specification section entitled (in part) "Basic Requirements" unless the product or material submitted is specified in a "Basic Requirements" section. Numbering letter of transmittal: a. Include as prefix the specification section number followed by a series number, "-xx beginning with "0V and increasing sequentially with each additional transmittal. b. If more than one submittal under any specification section, assign consecutive series numbers to subsequent transmittal letters. Describing transmittal contents: a. Provide listing of each component or item in submittal capable of receiving an independent review action. b. Identify for each item: 1) Manufacturer and Manufacturer's drawing or data number. 2) Contract Document tag number(s). 3) Unique page numbers for each page of each separate item. c. When submitting "or -equal" items that are not the products of named manufacturers, include the words "or -equal" in the item description. Contractor stamping: a. General: 1) Contractor's review and approval stamp shall be applied either to the letter of transmittal or a separate sheet preceding each independent item in the submittal. a) Contractor's signature and date shall be original ink signature. b) Shop Drawing submittal stamp shall read "(Contractor's Name) has satisfied Contractor's obligations under the Contract Documents with respect to Contractor's review and approval as stipulated under General Conditions." c) Letters of transmittal may be stamped only when the scope of the submittal is one item. 2) Submittals containing multiple independent items shall be prepared with an index sheet for each item listing the discrete page numbers for each page of that item, which shall be stamped with the Contractor's review and approval stamp. a) Individual pages or sheets of independent items shall be numbered in a manner that permits Contractor's review and approval stamp to be associated with the entire contents of a particular item. b. Electronic stamps: 1) Contractor may electronically embed Contractor's review and approval stamp to either the letter of transmittal or a separate index sheet preceding each independent item in the submittal. 2) Contractor's signature and date on electronically applied stamps shall be original ink signature. Resubmittals: a. Number with original root number and a suffix letter starting with "A" on a (new) duplicate transmittal form. b. Do not increase the scope of any prior transmittal. c. Acgount for all components of prior transmittal. 1) If items in prior transmittal received "A" or "B" Action code, list them and indicate "A" or "B" as appropriate. a) Do not include submittal information for items listed with prior "A" or "B" Action in resubmittal. 2) Indicate "Outstanding -To Be Resubmitted at a Later Date" for any prior "C" or "D" Action item not included in resubmittal. a) Obtain Owner's approval to exclude items. For 8-1/2 x 11 IN, 8-1/2 x 14 IN, and 11 x 17 IN size sheets, provide three (3) copies of each page for Owner plus the number required by the Contractor. a. The number of copies required by the Contractor will be defined at the Preconstruction Conference, but shall not exceed 8. City of Lubbock Mose Hood & Stumpy Hamilton Park Drainage Improvements - December 2008 01340 - 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 b. All other size sheets: 1) Submit one (1) reproducible transparency or high resolution print and one (1) additional print of each drawing until approval is obtained. 2) Utilize mailing tube; do not fold. 3) The Owner will mark and return the reproducible to the Contractor for his reproduction and distribution. 7. Provide clear space (3 IN SQ) for Owner stamping of each component defined in PREPARATION OF SUBMITTALS — Contractor Stamping. 8. Contractor shall not use red color for marks on transmittals. a. Duplicate all marks on all copies transmitted, and ensure marks are photocopy reproducible. b. Outline Contractor marks on reproducible transparencies with a rectangular box. 9. Transmittal contents: a. Coordinate and identify Shop Drawing contents so that all items can be easily verified by the Owner. b. Identify equipment or material use, tag number, drawing detail reference, weight, and other project specific information. c. Provide sufficient information together with technical cuts and technical data to allow an evaluation to be made to determine that the item submitted is in compliance with the Contract Documents. d. Submit items such as equipment brochures, cuts of fixtures, product data sheets or catalog sheets on 8-1/2 x 11 IN pages. 1) Indicate exact item or model and all options proposed. e. When a Shop Drawing submittal is called for in any specification section, include as appropriate, scaled details, sizes, dimensions, performance characteristics, capacities, test data, anchoring details, installation instructions, storage and handling instructions, color charts, layout drawings, rough -in diagrams, wiring diagrams, controls, weights and other pertinent data in addition to information specifically stipulated in the specification section. 1) Arrange data and performance information in format similar to that provided in Contract Documents. 2) Provide, at minimum, the detail specified in the Contract Documents. f. If proposed equipment or materials deviate from the Contract Drawings or Specifications in any way, clearly note the deviation and justify the said deviation in detail in a separate letter immediately following transmittal sheet. 10. Samples: a. Identification: 1) Identify sample as to transmittal number, manufacturer, item, use, type, project designation, tag number, standard specification section or drawing detail reference, color, range, texture, finish and other pertinent data. 2) If identifying information cannot be marked directly on sample without defacing or adversely altering samples, provide a durable tag with identifying information securely attached to the sample. b. Include application specific brochures, and installation instructions. c. Provide Contractor's stamp of approval on samples or transmittal form as indication of Contractor's checking and verification of dimensions and coordination with interrelated work. d. Resubmit samples of rejected items. C. Miscellaneous Submittals: 1. Prepare in the format and detail specified in specification requiring the miscellaneous submittal. D. Operation and Maintenance Manuals: 1. Number transmittals for Operation and Maintenance Manual with original root number of the approved Shop Drawing for the item. 00008-70470 City of Lubbock Mose Hood & Stumpy Hamilton Park Drainage Improvements - December 2008 01340 - 3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 2. Submittal format: a. Interim and final submittals: 1) Submit electronically on Compact Disk (CDROM) in Portable Document Format (PDF). 2) Each manual shall have a Table of Contents or Index with each listed item linked to its corresponding topic. 3) All pages within the PDF document are to be generated at actual size for optimal resolution quality (i.e., 22 IN x 34 IN drawings rendered as such, etc.). 4) Ensure all pages are rotated properly so that the majority of the text or drawing border is upright on the screen. 5) Do not password protect and/or lock the PDF document. 6) Submit two (2) paper copies. b. Final submittals: 1) Ensure that all comments and annotations that are made on the interim submittals are addressed. 3. Identify resubmittals with the original number plus a suffix letter starting with "A." 4. Paper copy submittals: a. Submit Operation and Maintenance Manuals printed on 8-1/2 x 11 IN size heavy first quality paper with standard three -hole punching and bound in stiff metal hinged binder constructed as a three-ring style. 1) Provide binders with titles on front and on spine of binder. 2) Tab each section of manuals for easy reference with plastic -coated dividers. 3) Provide index for each manual. 4) Provide plastic sheet lifters prior to first page and following last page. b. Reduce drawings or diagrams bound in manuals to an 8-1/2 x 11 IN or 11 x 17 IN size. 1) However, where reduction is not practical to ensure readability, fold larger drawings separately and place in vinyl envelopes which are bound into the binder. 2) Identify vinyl envelopes with drawing numbers. 5. Transmittal contents: a. Submission of Operation and Maintenance Manuals is applicable but not necessarily limited to: 1) Major equipment. 2) Equipment used with electrical motor loads of 1/6 HP nameplate or greater. 3) Valves greater than 12 IN DIA. b. Operation and maintenance manuals shall include, but not necessarily be limited to, the following detailed information, as applicable: 1) Equipment function, normal operating characteristics, limiting operations. 2) Assembly, disassembly, installation, alignment, adjustment, and checking instructions. 3) Operating instructions for start-up, routine and normal operation, regulation and control, shutdown, and emergency conditions. 4) Lubrication and maintenance instructions. 5) Guide to "troubleshooting." 6) Parts list and predicted life of parts subject to wear. 7) Outline, cross-section, and assembly drawings; engineering data; and electrical diagrams, including elementary diagrams, wiring diagrams, connection diagrams, word description of wiring diagrams and interconnection diagrams. 8) Test data and performance curves. 9) As -constructed fabrication or layout drawings and wiring diagrams if different than approved Shop Drawings. 10) A list of recommended spare parts with a price list and a list of spare parts provided under these Specifications. 11) Copies of installation instructions, parts lists or other documents packed with equipment when delivered. 00008-70470 City of Lubbock Mose Hood & Stumpy Hamilton Park Drainage Improvements - December 2008 01340 - 4 1 12)- Instrumentation or tag numbers relating the equipment back to the Contract 2 Documents. 3 13) Include a filled -out, type -written copy of the Equipment Record Sheet as the first 4 page(s) of each Operation and Maintenance Manual. 5 a) Complete maintenance requirements in detail. Simple reference to the Manual 6 is not acceptable. ` 7 ^ 14) For equipment items involving components or subunits, an Equipment Record F 8 Sheet for each operating component or subunit is required. r..... 9 1.5 TRANSMITTAL OF SUBMITTALS 10 A. Shop Drawings, Samples and Operation and Maintenance Manuals: 11 1. Transmit all submittals to: 12 ' City of Lubbock . 1625 13`h Street Lubbock, TX 79457 Attn: Michael Keenum, P.E. 13 l 14 2. Utilize two (2) copies of attached Exhibit "A" to transmit all Shop Drawings and samples. 15 3. All submittals must be from Contractor. 16 a. Submittals will not be received from or returned to subcontractors. 17 4. Provide submittal information defining specific equipment or materials utilized on the " 18 project. 19 a. Generalized product information, not clearly defining specific equipment or materials 20 to be provided, will be rejected. 21 B. Miscellaneous Submittals: 22 1. Transmit under Contractor's standard letter of transmittal or letterhead. 23 2. Submit in triplicate or as specified in individual specification section. 24 �... i 3. Transmit to: 25 City of Lubbock j 1625 13`h Street ` Lubbock, TX 79457 Attn: Michael Keenurn, P.E. 26 27 4. Provide copy of letter of transmittal without attachments to Owner's Project Representative. �.. 28 a. Exception for concrete, soils compaction and pressure test reports. 29 1) Transmit one copy of test reports to Owner's Project Representative. 30 2) Transmit one copy of test reports to location and individual indicated above for { 31 other miscellaneous submittals. 32 C. Expedited Return Delivery: 33 1. Include prepaid express envelope or airbill in submittal transmittal package for any 34 submittals Contractor expects or requires express return mail. 35 2. Inclusion of prepaid express envelope or airbill does not obligate Owner to conduct 36 expedited review of submittal. 37 D. Electronic submittals will not be accepted. 38 E. Fax Transmittals: 39 1. Permitted on a case -by -case basis to expedite review when approved by Owner. 40 2. Requires hard copy transmittal to immediately follow. 41 a. Owner will proceed with review of fax transmittal. 42 b. Owner's approval or rejection comments will be recorded and returned on hard copy 43 transmittal. 44 3. Provisions apply to both: 00008-70470 City of Lubbock Mose Hood & Stumpy Hamilton Park Drainage Improvements - December 2008 01340 - 5 I a. Initial transmittal contents. 2 b. Supplemental information required to make initial transmittal contents complete. 3 1.6 OWNER'S REVIEW ACTION 4 A. Shop Drawings and Samples: 5 1. Items within transmittals will be reviewed for overall design intent and will receive one of 6 the following actions: 7 a. A - FURNISH AS SUBMITTED. 8 b. B - FURNISH AS NOTED (BY ENGINEER). 9 c. C - REVISE AND RESUBMIT. 10 d. D - REJECTED. 11 e. E - ENGINEER'S REVIEW NOT REQUIRED. 12 2. Submittals received will be initially reviewed to ascertain inclusion of Contractor's approval 13 stamp. 14 a. Submittals not stamped by the Contractor or stamped with a stamp containing language 15 other than that specified herein will not be reviewed for technical content and will be 16 returned without any action. 17 3. In relying on the representation on the Contractor's review and approval stamp, Owner 18 reserves the right to review and process poorly organized and poorly described submittals as 19 follows: 20 a. Submittals transmitted with a description identifying a single item and found to contain 21 multiple independent items: 22 1) Review and approval will be limited to the single item described on the transmittal 23 letter. 24 2) Other items identified in the submittal will: 25 a) Not be logged as received by the Owner. 26 b) Be removed from the submittal package and returned without review and 27 comment to the Contractor for coordination, description and stamping. 28 c) Be submitted by the Contractor as a new series number, not as a re -submittal 29 number. 30 b. Owner, at Owner's discretion, may revise the transmittal letter item list and 31 descriptions, and conduct review. 32 1) Unless Contractor notifies Owner in writing that the Owner's revision of the 33 transmittal letter item list and descriptions was in error, Contractor's review and 34 approval stamp will be deemed to have applied to the entire contents of the 35 submittal package. 36 4. Submittals returned with Action "A" or "B" are considered ready for fabrication and 37 installation. 38 a. If for any reason a submittal that has an "A" or "B" Action is resubmitted, it must be 39 accompanied by a letter defining the changes that have been made and the reason for 40 the resubmittal. 41 b. Destroy or conspicuously mark "SUPERSEDED" all documents having previously 42 received "A" or "B" Action that are superseded by a resubmittal. 43 5. Submittals with Action "A" or "B" combined with Action "C" (Revise and Resubmit) or 44 "D" (Rejected) will be individually analyzed giving consideration as follows: 45 a. The portion of the submittal given "C" or "D" will not be distributed (unless previously 46 agreed to otherwise at the Preconstruction Conference). 47 1) One copy or the one transparency of the "C" or "D" drawings will be marked up 48 and returned to the Contractor. 49 a) Correct and resubmit items so marked. 50 b. Items marked "A" or "B" will be fully distributed. 51 c. If a portion of the items or system proposed are acceptable, however, the major part of 52 the individual drawings or documents are incomplete or require revision, the entire 53 submittal may be given "C" or "D" Action. 54 1) This is at the sole discretion of the Owner. 00008-70470 City of Lubbock Mose Hood & Stumpy Hamilton Park Drainage Improvements - December 2008 01340 - 6 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 2) In this case, some drawings may contain relatively few or no comments or the statement, 'Resubmit to maintain a complete package." 3) Distribution to the Owner and field will not be made (unless previously agreed to otherwise). 6. Failure to include any specific information specified under the submittal paragraphs of the Specifications will result in the submittal being returned to the Contractor with "C" or "D" Action. 7. Calculations required in individual specification sections will be received for information purposes only, as evidence calculations have been performed by individuals meeting specified qualifications, and will be returned stamped "E. Engineer's Review Not Required" to acknowledge receipt. 8. Transmittals of submittals which the Owner considers as "Not Required" submittal information, which is supplemental to but not essential to prior submitted information, or items of information in a transmittal which have been reviewed and received "A" or "B" Action in a prior submittal, will be returned with Action "E. Engineer's Review Not Required." 9. Samples may be retained for comparison purposes. a. Remove samples when directed. Include in bid all costs of furnishing and removing samples. 10. Approved samples submitted or constructed, constitute criteria for judging completed work. a. Finished work or items not equal to samples will be rejected. B. Operation and Maintenance Manuals: 1. Owner will review and indicate one of the following review actions: a. ACCEPTABLE. b. FURNISH AS NOTED. c. REVISE AND RESUBMIT. d. REJECTED. 2. Acceptable submittals will be retained with the transmittal form returned with a request for five additional copies. 3. Deficient submittals will be returned along with the transmittal form which will be marked to indicate deficient areas. PART 2 - PRODUCTS - NOT USED 33 PART 3 - PRODUCTS - NOT USED 34 END OF SECTION 00008-70470 City of Lubbock Mose Hood & Stumpy Hamilton Park Drainage Improvements - December 2008 01340 - 7 I 2 3 4 5 6 f al EXHIBIT A ` Shop Drawing Transmittal No. - (Spec Section) (Series) Project Name: Date Received: Project Owner: Checked By: Contractor: Log Page: Address: Address: HDR No.: Spec Section: Drawing/Detail No.: Attn: Attn: 1st. Sub ReSub. Date Transmitted: Previous Transmittal Date: Item No. No. Copies Description Manufacturer MfrNendor Dwg or Data No. Action Taken' Remarks: * The Action Designated Above is in Accordance with the Following Legend: A - Furnish as Submitted D - Rejected B - Furnish as Noted E - Engineer's review not required 1. Submittal not required. C - Revise and Submit 2. Supplemental Information. Submittal retained for 1. Not enough information for review. informational purposes only. 2. No reproducibles submitted. 3. Information reviewed and approved on prior 3. Copies illegible. submittal. 4. Not enough copies submitted. 4. See comments. 5. Wrong sequence number. _ 6. Wrong resubmittal number. 7. Wrong spec. section. 8. Wrong form used. 9. See comments. ants: By Date $ Distribution: Contractor U File U Field U Owner U Other U I 00008-70470 City of Lubbock Mose Hood & Stumpy Hamilton Park Drainage Improvements - December 2008 01340 - 8 STANDARD TECHNICAL SPECIFICATIONS This project will utilize the 2004 Edition of the TxDOT Standard Specifications for Construction and Maintenance of Highways, Streets, and Bridges (http://www.dot.state.tx.us/business/specifications.htM) SPECIAL SPECIFICATIONS y SPECIAL SPECIFICATION 01 CORRUGATED HDPE PIPE Scope This specification describes 4- through 60-inch (100 to 1500 mm) soil -tight pipe (per ASTM F2648) for use in gravity -flow surface drainage applications. Submittal Requirements The Contractor shall submit descriptive information and evidence that the materials and equipment the Contractor proposes for incorporation into the Work are of the kind and quality that satisfies the specified functions and quality. Pipe Requirements Pipe (per ASTM F2648) shall have a smooth interior and annular exterior corrugations. • 4- through 60-inch (100 to 1500 mm) shall meet ASTM F2648. • Manning's "n" value for use in design shall be 0.012. Joint Performance Pipe shall be joined using a bell & spigot joint meeting ASTM F2648. The joint shall be soil -tight and gaskets, when applicable, shall meet the requirements of ASTM F477. Gaskets shall be installed by the pipe manufacturer and covered with a removable wrap to ensure the gasket is free from debris. A joint lubricant supplied by the manufacturer shall be used on the gasket and bell during assembly. Fittings Fittings shall conform to ASTM F 2306. Bell and spigot connections shall utilize a spun -on or welded bell and valley or saddle gasket meeting the soil -tight joint performance requirements of ASTM F 2306. Material Properties Material for pipe production shall be an engineered compound of virgin and recycled high density polyethylene conforming with the minimum requirements of cell classification 424420C (ESCR Test Condition B) for 4- through 10-inch (100 to 250 mm) diameters, and 435420C (ESCR Test Condition B) for 12- through 60-inch (300 to 1500 mm) diameters, as defined and described in the latest version of ASTM D3350, except that carbon black content should not exceed 4%. Installation Installation shall be in accordance with ASTM D2321 and manufacture's published installation guidelines, with the exception that minimum cover in trafficked areas for 4- through 48-inch (100 to 1200 mm) diameters shall be one foot. (0.3 m) and for 60-inch (1500 mm) diameters, the minimum cover shall be 2 ft. (0.6 m) in single run applications. Backfill for minimum cover situations shall consist of Class 1 (compacted), or Class 2 (minimum 90% SPD) material. Maximum fill heights depend on embedment material and compaction level; please refer to Technical Note 2.02. Measurement This Item will be measured by the foot. Measurement will be made between the ends of the pipe barrel along the flow line. Pipe that will be jacked, bored, or tunneled will be measured in accordance with Item 476, "Jacking, Boring, or Tunneling Pipe or Box." Measurement of spurs, branches, or new connecting pipe will be made from the intersection of the flow line with the 00008-70470 City of Lubbock Mose Hood & Stumpy Hamilton Park Drainage Improvements - December 2008 SPL-1 - 1 outside surface of the pipe into which it connects. Where inlets, headwalls, catch basins, manholes, junction chambers, or other structures are included in lines of pipe, the length of pipe tying into the structure wall will be included for measurement, but no other portion of the structure length or width will be included. For multiple pipes, the measured length will be the sum of the lengths of the barrels. This is a plans quantity measurement Item. The quantity to be paid is the quantity shown in the proposal. Additional measurements or calculations will be made if adjustments of quantities are required. Payment The work performed and materials furnished in accordance with this Item and measured as provided under "Measurement" will be paid for at the unit price bid for "Corrugated HDPE Pipe" of the size and D-load specified or of the size and class specified. This price is full compensation for constructing, furnishing, transporting, excavation, shaping, bedding, placing, joining, and backfilling pipes; shaping the bed; cutting pipes on skew or slope; connecting to new or existing structures; breaking back, removing, and disposing of portions of the existing structure; replacing portions of the existing structure; cutting pipe ends on skew or slope; and equipment, labor, tools, and incidentals. Protection methods for excavations greater than 5 ft. deep will be measured and paid for as required under Item 402, "Trench Excavation Protection," or Item 403, "Temporary Special Shoring." When jacking, boring, or tunneling is used at the Contractor's option, payment will be made under this Item. When jacking, boring or tunneling is required, payment will be made under Item 476, "Jacking, Boring or Tunneling Pipe or Box." 00008-70470 City of Lubbock Mose Hood & Stumpy Hamilton Park Drainage Improvements - December 2008 SPL-I - 2 IRRIGATION SYSTEM SPECIFICATIONS STUMPY HAMILTON AND MOSE HOOD PARK DRAINAGE IMPROVEMENTS (IRRIGATION SYSTEM MODIFICATIONS) CITY OF LUBBOCK PARK DEVELOPMENT TECHNICAL SPECIFICATIONS DESIGN PROFESSIONAL RESPONSIBILITY The specification sections authenticated by my seal and signature are limited to the following: 02810 Irrigation Systems Irrigation in Texas is regulated by the Texas Commission on Environmental Quality P.O. Box 13087, Austin, "I'exas 78711-3087 DESIGN PROFESSIONAL RESPONSIBILITY F a ..s.seeeese•ee•e41• cm* WUD4SC iE eOaseas•.ase.a+•s� �q, �• B204 . {W VO . A SECTION 02810 IRRIGATION SYSTEMS PART 1-GENERAL 1.1 RELATED DOCUMENTS A. Drawings and general provisions of the Contract, including General and Supplementary Conditions apply to this Section. B. Description of Work The work that the City of Lubbock desires to be performed is as follows; Remove and Save the existing Valves and Sprinkler Heads from the areas affected by the erosion repair and re -grading work in Stumpy Hamilton and Mose Hood Parks. Preserve the integrity and Operational Capacity of the existing irrigation system in the areas of the Park which remain un-affected by the construction and re -grading work. Remove, relocate, and/or replace the existing PVC piping that will be affected by the grading work, as shown on the plan. Install new Piping, Valves, and Irrigation Heads as shown on the Plan, and integrate the new Irrigation System into the existing Irrigation System. 1.2 SUMMARY A. The Contractor shall supply all supervision, perform all work, furnish all labor, tools, materials, equipment, and incidentals necessary to fully and properly perform all work as shown on the plans and described in the specifications. All construction and other work shall be completed in accordance with all governing codes and ordinances, with the best engineering and construction practices, including material manufacturer's recommendations for installation and workmanship, for the skill or trade involved. B. We request that your proposal be made in conformance with the guidelines contained in the specifications and on all plans. The contract shall be awarded to the company with the proposal determined to be the most advantageous to the City of Lubbock. C. This Section includes piping, valves, sprinklers, specialties, controls, and wiring for automatic -control irrigation system. 1.3 DEFINITIONS A. Circuit Piping: Downstream from control valves to sprinklers, specialties, and drain valves. Piping is under pressure during flow. B. Irrigation Main Piping: Downstream from point of connection to water distribution piping to, and including, control valves. Piping is under water -distribution -system pressure. C. The following are industry abbreviations for plastic materials: 1. ABS: Acrylonitrile-butadiene-styrene plastic. 2. FRP: Fiberglass -reinforced plastic. 3. PA: Polvamide (nylon) plastic. 4. PE: Polyethylene plastic. 5. PP: Polypropylene plastic. 6. PTFE: Polytetrafluoroethylene plastic. 7. PVC: Polyvinyl chloride plastic. 8. TFE: Tetrafluoroethylene plastic. 1.4 PERFORMANCE REQUIREMENTS A. Location of Sprinklers and Specialties: Design location is approximate. Make minor adjustments necessary to avoid plantings and obstructions such as signs and light standards. Maintain 100 percent water coverage of turf and planting areas indicated. B. Discrepancies: It is the intent that all work must be completed and all material must be furnished with the generally accepted practice of the area. In the event of any discrepancies between the plans and the specifications or doubts as to the meaning and intent of any portion of the contract, the Owners Representative shall define what is to apply to the work. 1.5 SUBMITTALS A. Product Data: Contractor shall submit shop drawings to the Owners Representative before purchasing and installation of materials and equipment. Shop drawings shall include complete layout and detailed drawings illustrating the location and type of all heads, valves, piping circuits, controls and accessories. Include required copies of manufacture's literature, certifications, and operating instructions for the following: 1. Irrigation Piping. 2. General -duty valves. 3. Specialty valves, 4. Control -valve boxes. 5. Sprinklers. 6. Irrigation specialties. 7. Control cables. Include splice kits. B. Operation and Maintenance Data: Contractor to provide two (2) copies. For irrigation systems, to include in emergency, operation, parts list, and maintenance manuals. Include data for the following: I . Automatic -control valves. 2. Sprinklers. 3. Heads. C. Substitutions: All substitutions shall conform to the following provisions: 1. All proposed substitutions must be submitted to the Owners Representative no later than 15 days before the project bid date for approval. Substitution submittals must include all manufacturer's literature, certifications and operating instructions as well as shop drawings proving service and performance equal to or better than that depicted on the plans. The owner reserves all right to deny any substitution that does not provide equal . t performance or quality. 2. Installation of any approved substitution is the Contractor's responsibility. Any changes required for installation of the substitution must be made to the satisfaction of the Owners Representative at the Contractor's expense only. Approval of substitutions does not constitute approval of installation. D. Maintenance Materials: At the completion of the job, the Contractor shall furnish spare parts, special tools and equipment required to operate and maintain the system. E. Record Irrigation Drawings: Contractor shall furnish Record Drawings of the complete irrigation system in accordance with the General and Special Conditions. Construction drawings shall be on the construction site at all times while the j irrigation system is being installed. Contractor shall make a daily record of all work i installed during each day. Actual location of valves and quick couplers and all irrigation and drainage piping shall be shown on the prints by dimensions from easily identified permanent features, such as buildings, curbs, fences, walks or j property lines. Drawings shall show approved substitutions, if any, of material including manufacturer's name, and catalog number, The drawings shall be to scale and all indications shall be neat. All information noted on the print shall be transferred to sepia by Contractor and all indications shall be recorded in a neat, orderly way. The record drawings shall be turned over to the Owners Representative at or before the Final Acceptance of the project. 1.6 QUALITY ASSURANCE A. Electrical Components, Devices, and Accessories: Listed and labeled as defined in t NFPA 70, Article 100, by a testing agency acceptable to authorities having . jurisdiction, and marked for intended use. B. All work and materials shall be in full accordance with current rules and regulations of safety orders of Division of Industrial Safety, the Uniform Plumbing Code, TCEQ and other applicable laws or regulations. C. Preliminary review of system installation will be made by Owners Representative prior to backfilling of trenches and during testing. D. Installer Qualifications: Engage an experienced Installer who has completed irrigation systems similar in material, design, and extent to that indicated for Project that have resulted in construction with a five year record of successful local in- service performance. The Bidder shall supply the name and license number of the t r licensed irrigator who is responsible for the project with the bid submittal. The irrigation installer shall be licensed in the State of Texas or from the state where the Contractor is based. Out -of -State licensing if the licensing state shares reciprociq , I - with Texas will be considered. A Licensed Irrigator shall be on the jobsite daily for direct supervision of employees on design, installation, maintenance or repair of the irrigation system including the connection of such system to the water supply. The Owner reserves the right to reject any bid if the bidder is not qualified based on the above given criteria. 1 - 1.7 DELIVERY, STORAGE, AND HANDLING A. Deliver piping with factory -applied end caps. Maintain end caps throw �shiPpin , 1- t shall be compatible with box to achieve depth required (no bricks shall be used). b. Bolt -in green lid with cover lift holes and shall have snap lock tab closure. 3. Specified Box #3: Ametek Model 194502; Jumbo Rectangular (or "approved equal") for Drip and Master Valve(s) and Flow Sensor(s). a. Minimum dimensions 20" x 14" x 12" deep, molded plastic. Extensions shall be used as necessary to bring valve box to grade and shall be compatible with box to achieve depth required (no bricks shall be used). b. Bolt -in green lid with cover lift holes and shall have snap lock tab closure. G. Sprinkler Heads 1. Specified Head #3: shall read "Hunter I-35 Sierra series with standard nozzles for flow rates ranging between seven (7) and thirty-one (31) gpm, 'or approved equal'. a. Sprinklers shall be a six (6") inch pop-up type with gear drive for full circle and part circle coverage. The final gear drive and bull gear drive shall be made of stainless steel and brass. The nozzle and drive assembly shall also be encased in stainless steel. b. Sprinklers shall be mounted up to one-half (1/2") inch below finished grade, H. Controller (If Applicable) 1. (1) RainMaster Evolution DX2, Furnished by Owner. Wire, installation and all connections by Contractor; including four (4) master valve(s) and four (4) flow sensor(s). 2. Box to enclose the controllers shall be a Barfield manufacturing BGSSE 182630SP. The box shall be provided by the City. The boxes are currently warehoused at McAlister Park; 6003 Brownfield Hwy. Lubbock TX 79464. I. Lighting Arrestors with Grounding Rods (If Applicable) 3. Arrestor to be installed at controller by Contractor. Lightening rods shall be installed by Contractor. 4. Ground Rods -Copper coated steel utilizing a Cadwell grounding connector to secure the wire to the rod. J. Control Wiring 1. All 24 volt wiring to be ## AWG annealed copper, Baron UF, 600 volt, PVC coated UL approved direct burial. 2. All wire to be single stranded, one wire for each electric valve and a common wire. a. 12 gauge Common wire. b. 14 gauge Zone wire. C. All control wires to be installed at minimum depth of eighteen (18") inch and directly alongside any pipe if the same ditch is used. d. Include an additional yellow and a green 14 gauge spare wires looped in the mainline ditch. f. RainMaster Conductor (If Applicable) a. The communication cable as required from the sub master satellite assembly to the other satellite assemblies on line shall be a 4- conductor shielded cable (part #EV-CAB-COM). Communication cable may be used to link satellites up to 5,000 feet in length from each other. Cable shall be installed in a 1-inch PVC schedule 40 conduit. b. The flow sensor wire as required from the flow sensor into the satellite assembly enclosure shall be a 2-conductor shielded cable (part #EVCAB-SEN). The sensor cable may be used to connect the flow sensor to a satellite up to 2,000 feet in length from each other. Cable shall be installed in a I -inch PVC schedule 40 conduit. C. All conductors shall be the same type and size shown on the drawings as required for proper operation of the system. d. Wire Splices shall NOT BE APPROVED. entire length shall be replaced at CONTRACTORS .EXPENSE. K. Miscellaneous Equipment Wire Connectors shall be 3M Model DBY. 2. Provide moisture -proof connection for underground wiring. Solvent Cementing a. Primer - Weld -On P-68 Purple Colored Only (All pipe fittings.) b. Solvent - 1/2" then 11/2 " Weld-on.#705: 2" three-10" Weld -On #717. C. Manufacturer's Recommendations shall be followed at all times. 4. Thrust Blocks a. Concrete "ready -mix" 3,000 PSI in 28 days with number #3 rebar installed. To be placed at all angles and terminal ends of two and one- half (2 'h") inch or greater pipe. To be placed at all angles (90's, 45's, tees) and at tenninal ends of pipe, (Refer to Thrust Block Detail) Thrust I3locks must be installed against the pipe and extend to twelve (12") inches of an undisturbed vertical wall of the trench. All pipe extend to twelve (12") inches of an undisturbed vertical wall of the trench. All pipe and fittings to be wrapped in thirty (309) pound felt to protect from movement. 4 5. Fresh water (Potable) line shall be no less than Schedule 40 and have a six (6) foot minimum horizontal separation from all other underground utilities. 6. All pipe to have a one (1') foot minimum vertical separation from all non -like utility lines. 2.3 GUARANTEES A. Provide a guarantee for all labor and material for a period of one year, from the date of substantial completion. B. Provide a manufacturer's guarantee for all sprinkler system components, i.e., valves, and heads, for a period of five years, from the date of substantial completion. ' C. Service calls during the one-year warranty period shall require a qualified technician on site within 24 hours. PART 3 — EXECUTION 3.1 LAYOUT A. Full and complete coverage is required. Contractor shall make any necessary minor adjustments to layout required to achieve hall coverage of irrigated areas at no additional cost to Owner. B. Where connections to existing stubouts are required, make necessary adjustments should stubs be located differently. Adjust layout as necessary to install around existing work. C. Where piping occurs under paved areas but running parallel and adjacent to planted area, the intent is to install piping in planted areas. Do not install directly over another line in the same trench. I D. It shall be the Contractor's responsibility to establish the location of all sprinkler I--- heads on all turf areas in order to assure proper coverage of all areas. No substitutions of smaller pipe sizes will be permitted but substitutions of larger sizes may be approved. All pipe damaged or rejected because of defects shall be removed from the site at the time of said rejection. E. The Contractor will stake out the location of each run of pipe and all sprinkler heads of sprinkler valve locations prior to trenching. Before installation is started in -- a given area, the Owners Representative shall check all locations and give his approval. e_ 3.2 EXCAVATING AND TRENCHING A. Perform all excavations as required for installation of work included under this Section, including shoring of earth banks, if necessary. Restore all surfaces, existing underground installations, etc., damaged or cut as a result of the excavations, to their original condition. B. Should utilities not shown on the plans be found during excavations, Contractor should promptly notify Owners Representative for instructions as to further action. Failure to do so will make Contractor liable for any and all damage therein arising from his operations subsequent to discovery of such utilities. Indicate such utility crossings on the Record Drawings promptly. C. Dig trenches wide enough to allow a minimum of four (4") inches between parallel pipelines. Trenches shall be of sufficient depth to provide minimum cover from finish grade as follows: 1. Minimum trench width: Six (6") inches. 2. Minimum cover over installed supply piping: Twenty four (24") inches. 3. Minimum cover over installed branch piping: Eighteen (18") inches. 4. Minimum cover over installed outlet piping: Eighteen (18") inches. 5. Maximum cover over main line shall not exceed twenty-four (24") inches at r- zone valves. _ D. Trench to accommodate grade changes. E. Maintain trenches free of debris material or obstructions that may damage pipe. F. Where rocks or other undesirable materials are encountered trenches are to be over excavated by three (3") inches to allow for a three (3") inch layer of finely -graded sand under all piping. After the piping is installed, finely -graded sand shall be placed around the piping up to a point three (3") inches above the piping. G. All trenches are to be inspected and approved by the Owners Representative before covering. H. Trench -digging machining may be used for trench excavation in places where operation of trencher would cause damage to existing structures either above or below ground; in such instances, liand-trenching methods shall be employed. I. The Contractor shall locate all existing underground lines whether or not they are shown on the drawings, sufficiently in advance of the trenching to make whatever provision necessary to prevent damage thereto. Extreme care shall be used to prevent such damage and the Contractor shall be fully responsible for damage to any such lines. J. There will be no classification of, or extra payment for excavated materials and all materials encountered shall be excavated as required. Adjacent structures shall be protected from damage by equipment. All excavated material shall be piled in a manner that will not endanger the work or existing structures and which will cause the least obstruction to roadways. "There will be no additional payment for rock excavation. K. The Contractor shall dispose of excess trench excavation as directed by the Owners Representative, and at the Contractor's expense. 3.3 BACKFLOW PREVENTION DEVICE A. Install according to local codes and manufacturer's latest printed instructions. 3.4 CONDUITS AND SLEEVES A. Furnish and install conduit where control wires pass under or through walls. Conduits to be of adequate size to accommodate retrieval for repair of wiring and shall extend twelve (12") inches beyond edge of walls. B. Install sleeves for all pipes passing through or under walls, walks, concrete and paving. Sleeves to be. of adequate size to accommodate retrieval for repair of wiring or piping and shall extend twenty four (24") inches beyond edge of paving or other obstruction. C. Coordinate conduit and sleeve installation with other trades as required. 3.5 PIPE LINE ASSEMBLY A. General: Install pipes and fittings in accordance with manufacturer's latest printed instructions. 2. Clean all pipes and fittings of dirt, scales and moisture before assembly. 3. All pipe, fittings and valves, etc., shall be carefully placed in the trenches. Interior of pipes shall be kept free from dirt and debris and when pipe laying is not in progress, open ends of pipe shall be closed by approved means, 4. All lateral connections to the mainline as well as all other connections shall be made to the side of the mainline pipe. No connections to the top of the line shall be allowed. 5. Pipe pulling is not acceptable. 6. Install pipe valves, controls, and outlets in accordance with manufacturer's instructions. 6. Connect to utilities. ?. Set outlets and box covers at finish grade elevations. 8. Swing joints a. Swing joints shall be used on all rotary gear -driven sprinklers and all quick coupler valves and shall be of the same diameter as the inlet opening and shall have a twelve (12") inch lay length. b. Pre -manufactured swing joints shall be used as manufactured by Lasco G 132-212, or K BI TSA-I OOOTT. B. Solvent -Welded Joints for PVC Pipes: 1. Use solvents and methods recommended by pipe manufacturer. 2. Cure joint a minimum of one hour before applying any external stress on the piping and at least twenty four (24) hours before placing the joint under water pressure. C. Threaded Joints for Plastic Pipes: 1. Use Teflon tape on the threaded PVC fittings except where Marlex fittings are used. 2. Use strap -type friction wrench only. Do not use metal jawed wrench. 3. When connection is plastic to metal, male adapters shall be used. The male adapter shall be hand tightened, plus one turn with a strap wrench. Joint compound shall be Teflon tape or equal upon approval. D. Threaded Joints for Galvanized Steel Pipe: 1. Factory -made nipples shall be used wherever possible. Field -cut threads in pipes will be permitted only where absolutely necessary; when field threading, cut threads accurately on axis with sharp dies. '_. Use pipe joint compound to make threads only. E. Dissimilar Materials Piping Joints Construct joints using adapters that are compatible with both piping materials, outside diameters, and system working and design pressure. F. Concrete Thrust Blocks Thrust blocks are required at all turns and dead -ends on pipe sizes of three (3") inches and larger. Pipe of smaller diameter may require thrust blocks if so directed by the Owners Representative. Concrete shall_ have a minimum 28-day compressive strength of 3,000 psi. G. Laying of PVC Pipe: 4. Pipes shall be bedded in at least two (2") inches of finely divided material with no rocks or clods over one (1 "j inch diameter to provide a uniform bearing. Pipe shall be snaked from side to side of trench bottom to allow for expansion and contraction. One additional foot per 100 feet of pipe is the minimum allowance for snaking. 6. Do not lay PVC pipe when there is water in the trench, or when trench or weather conditions are unsuitable for work. 7. Plastic pipe shall be installed in a manner so as to provide for expansion and contraction as recommended by the manufacturer. 8. Plastic pipe shall be cut with PVC pipe cutters or hacksaw, or in a manner so as to ensure a square cut. Burrs at cut ends shall be removed prior to installation so that a smooth unobstructed flow will be obtained. 9. All plastic -to -plastic joints shall be solvent -weld joints or slip seal joints. Only the solvent recommended by the pipe manufacturer shall be used. All plastic pipe and fittings shall be installed as outlined and instructed by the pipe manufacturer and it shall be the Contractor's responsibility to make arrangements with the pipe manufacturer for any field assistance that may be necessary. The Contractor shall assume full responsibility for the correct installation. 10. All foreign matter is to be removed from inside of pipe before joining. Keep clean during laying operations by means of plugs or other approved methods. 11. All lumber, rubbish, and large rocks shall be removed from the trenches. Pipe shall have firm, uniform bearing for the entire length of each pipeline to prevent uneven settlement. 12. When work is in progress, securely close the open ends of pipe fittings so that no trench water, soil, or other substance will enter pipes or fittings. 13. Take up and re -lay any pipe that has the grade or joint disturbed after laying. 14. Fittings at bends in the pipeline and at ends of lines shall be firmly wedged against the vertical face of the trench, but not against rock. 15. Thrust blocks shall be used. 16. Make joints in all threaded fittings by applying Teflon tape on male threads. The use of Teflon dope is prohibited. 17. Where threaded PVC connections are required, use threaded PVC adapters. 18. There shall be no less than nine (9) inches of pipe between any two fittings, except for close nipples used in swing joints. 19. No cross tees or street ells are to be used at any time. 20. After pipe has been solvent weld, do not apply water pressure for a time less than that of the manufacturer's recommendation, considering current weather conditions. 21. All pipe shall be installed so that the manufacturer's markings are facing in the up position. 22. Excess PVC solvent shall be removed from joints before drying to prevent pipe weakening. Pipe connections made with excess solvent will not be accepted. 23. Solvent welding will not be permitted if weather conditions prevent joints from remaining free of dirt or moisture, while the joint is being made. Also, if the temperature is below that specified by the proper solvent manufacturer's recommendations. 24. The Contractor shall give the Owners Representative twenty-four (24) hours notice before the pipe trenches are to be covered so that the Owner's representative may be present for inspection. After the pipe system has been inspected and approved, trenches may be closed. 25. All pipe shall have a one (I') foot minimum vertical separation from all utility lines in close proximity. 3.6 VALVES A. Group valves together and locate in planted areas where possible. Box shall be flush with finish grade. B. Install all new valves on a level grade with the mainline. Valve boxes shall extend a minimum of three (3 ") inches below the bottom of valve and placed on Geo-textile material. Valve box extensions shall be used as necessary and shall be compatible with the valve box. C. After installing valves Geo-textile material and valve boxes, back -fill holes with one (I ") inch minimum washed gravel, three-quarters (3/4") inch size up to bottom of valve. D. Reduced Pressure Zone Assemblies one (I") inch or smaller shall be installed with PVC unions on both sides of the valve assembly. 3.7 SPRINKLER HEADS A. All sprinkler heads to be installed at spacing indicated on plans. B. Place full and part -circle rotary pop-up sprinkler heads twelve (12") inches from edge of and flush with top of adjacent walks, header boards, curbs, and mowing bands, or paved areas at time of installation. Rotary sprinklers to be installed on a swing joint assembly as detailed. C. Sprinkler heads installed on cut-off nipples shall be installed so that the top of the head is slightly above ground level to allow for settling. Plaice pop-up sprinkler heads six (6") inches from edge of and flush with top of adjacent walks, header boards, curbs, and mowing bands, or paved areas at the time of installation. D. All sprinkler heads to be set to the proper are by the Contractor. B. Submit written requests for inspections to the Owners Representative at least forty eight (48) hours prior to anticipated inspection date. 3.14 WIRING A. Control wires from controller to valves shall be laid in sprinkler line trenches (if applicable -wiring to be installed along wiring route on plan). B. Control wires to be taped together every twenty (20') feet along trench. C. Expansion loops shall be made at every turn in the trench and every fifty (50') foot length of wire run by wrapping at least five (5) turns of wire around a one (I") inch rod or pipe. Next, withdraw the rod leaving turns in wire. D. Common valve wiring shall be white through entire system. E. Section valve wiring shall be red through entire system. White wires may not be used as section wire. 3.15 UNISPECTIONfACCEPTANCE A. Preliminary Inspection 1. When all initial installation is done and all incidentals necessary to the proper function of the system is done, the Contractor shall request the Owners Representative to walk through system and visually check the operation of the system. At this time the Owners Representative and Contractor will discuss repairs that may need to take place. The Owner will not expand excess time to accommodate Contractors Deficiencies. B. Final Inspection 1. After preliminary inspection has taken place and all corrections and repairs have been completed by the Contractor, the Contractor and Owners Representative will again walk through the system to check operation. This procedure will be repeated until the system operates to the Owner's satisfaction. 3.16 BACKFILL AND COMPACTING A. Once the system is operating and required tests and inspections have been made, backfill excavations and trenches with clean soil. free of debris. B. Backfill for all trenches, regardless of the type of pipe covered, shall be compacted to minimum ninety five (95%) percent density under pavements, eighty five (85%) percent under planted areas, and ninety (90%) percent everywhere else. Percentage is of maximum density as determined by ASTM D698 standard proctor. C. Compact trenches in areas to be planted by thoroughly flooding the backfill. Jetting process may be used in those areas. D. Dress off all areas to finish grades. All trenches and adjoining areas shall be hand - raked to leave the grade in as good or better condition than before construction. started. E. All settling and low areas that occur within the first twelve (12) months shall be the responsibility of the Contractor to fill and level. F. All trench backfill shall be flooded to prevent settling. 3.17 CONNIMISSIONTING A. Starting Procedures: Follow manufacturer's written procedures. If no procedures are prescribed by manufacturers, proceed as follows: 1. Verify that specialty valves and their accessories have been installed correctly and operate correctly. 2. Verify that specified tests of piping are complete. 3. Check that sprinklers and devices are correct type. 4. Check that damaged sprinklers and devices have been replaced with new materials. ' 5. Check that potable water supplies have the correct type of backflow prevention device. 6. Energize circuits to electrical equipment and devices. 7. Adjust operating controls. B. Operational Testing: Perform operational testing after hydrostatic testing is completed, backfill is in place, and sprinklers are adjusted to final position. 3.18 DEMONSTRATION A. Demonstrate to Owners Representative that system meets coverage requirements and that automatic controls function properly. B. Demonstrate to Owner's maintenance personnel operation of equipment, sprinklers, specialties, and accessories. Review operating and maintenance information. C. Provide seven (7) days written notice in advance of demonstration. D. The Contractor shall check that all parts are secure and are in good working condition one week after the installation of equipment. E. The Contractor shall verify the completion of all work as described in the specifications and shown on plans. 3.19 GUARANTEE A. The Contractor shall warrant all materials and workmanship for (one (1) year from Final Acceptance. 3.20 CLEAN UP A. Clean up and remove all debris from the entire work area to the satisfaction of Owners Representative prior to placing a request for Final Acceptance. PART 4 — SPECIAL CONDITIONS: SITE SPECIFIC 4.1 General A. Work Included: Section 01. - Summary of Work Section 02 - Product Substitution Section 03 -- Irrigation B. Special Conditions 1. All backflow devices are in place and will not be part of this Contract. j t C. Construction Notes: Demolition and Site Preparation The following is a description of work to be performed on the existing irrigation system at Stumpy Hamilton and Mose Hood Parks before the erosion repair and re- grading work may commence.... l . Isolate the operational irrigation system from the irrigated areas that will be impacted by the construction, fill and re -grading operations. 2. Remove all existing irrigation valves and heads from the areas to be filled or regarded, remove the affected valves from the mainline that is being replaced and turn in the salvaged valves and heads to the Owner. 3. Each site will require the locating of existing valves/lateral lines for the replacement/continuation of the existing system. It is to be noted that some "blind" excavation may have to be done to find these specific locations d. Reinstalling the existing valves shall be done with the equipment as shown on the plans and details, with new valves attached at the indicated locations. Work shall be coordinated as to allow the Irrigation system to remain operational on the rest of the Park prior to demolition and construction operations. END OF SECTION 02810