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HomeMy WebLinkAboutResolution - 2009-R0530 - Contract - EGL Construction - Repair And Refurbish Hydraulic Cylinders - 11_19_2009db Resolution No. 2009-RO530 November 19, 2009 Item No. 5.11 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, Unit Price Construction Contract No. 9298 for repair and refurbish hydraulic cylinders per ITB 10-010-170, by and between the City of Lubbock and EGL Construction of El Paso, Texas, and related documents. Said Unit Price Construction Contract is attached hereto and incorporated in this resolution as if fully set forth herein and shall be included in the minutes of the City Council. Passed by the City Council this 19th day of November , 2009. TOM MARTIN, MAYOR ATTEST: Rebecca Garza, City Secretary APPROVED AS TO CONTENT: iluL Marsha Reed, P.E., Chief Operations Officer APPROVED AS TO FORM: 64 � Chad Weaver, Assistant City Attorney vw:ccdocs/RES.Contract-EGL Construction October 30, 2009 Resolution No. 2009-RO530 CONTRACT # 9298 STATE OF TEXAS COUNTY OF LUBBOCK THIS AGREEMENT, made and entered into this November 19, 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 EGL Construction Inc. of the City of E1 Paso, County of El Paso, 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 # 10-010-Fo REPAIR AND REFURBISH HYDRAULIC CYLINDERS AT LAKE ALAN HENRY 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 herein. Bid dated October 30, 2009 is incorporated into and made 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: Z-G L -L :si(- CITY OF LUBBOCK, TEXAS (OWNER): By: ) A— // / MAYOR By: / (LL.�t-c7 y•� �' (1'u�" ATTEST: PRINTED ME: 1114 z L� _ `�C c�,c`�'G <Je' - TITLE: P� t t r.0 T C L City secretary COMPLETE ADDRESS: APPROVED AS `D(; CONTENT: Company G L C6 N 5! 64 C% l C)'v 'Z`t:-c Address J `11 -7 .4 1[(-V A V C City, State, Zip �K s" gsc" - 7� 9G' ATTEST: Corpok e Secretary ve APP AS O FORM: sistant City Attorney Resolution No. 2009—RO530 BID FORM UNIT PRICE BID CONTRACT PROJECT NO: ITB # 10-010-FO Repair and Refurbish Hydraulic Cylinders at Lake Alan Henry Bid of �GL �ousTRuc�fu �+ 1 tic. (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 for bids for the construction of: Repair and Refurbish Hydraulic Cylinders at Lake Alan Henry Having carefully examined the plans, specifications, instructions to bidders, notice to bidders and all other related contract documents and the site of the proposed work, and being familiar with all of the conditions surrounding the construction of the proposed project including the availability of materials and labor, hereby proposes to furnish all labor, materials, and supplies; and to construct the project in accordance with the plans, specifications and contract documents, within the time set forth therein and at the price stated below. The price to cover all expenses incurred in performing the work required under the contract documents, of which this bid is to be a part, is as per "Bid Submittal Form Unit Price Contract". Amount shall be shown in both words and figures. In case of discrepancy, the amount shown in words shall govern.) Bidder hereby agrees to commence the work on the above project on or before a date to be specified in a written "Notice to Proceed" of the Owner and to fully complete the project within (50) FIFTY CALENDAR DAYS thereafter as stipulated in the specifications and other contract documents. Bidder hereby further agrees to pay Owner as liquidated damages the sum of $25.00 (TWENTY-FIVE) for each day in excess of the time set forth hereinabove for completion of this project. 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 understand and agree 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. BY: )nARio rf C550,6r;tjD DATE: D Contractor (Printed Name) ,54el 7 44 14. e y 4V e _ (Seal if Bidder is a Corporation) (Co m any Address) ,ez- 50 -rx 7y':P©S T ST: EGL CvrosrRc•��ro�• y``�rc lecr ary Assess, repair and refurbish seven (7) leaking hydraulic cylinders at Lake Alan Henry Intake Tower in accordance with the specifications and drawing contained herein: Cylinder #1 MATERIALS:- I? $ • bx (S �� �. 5 7. ) SERVICES: 3� tiffs "� (S 3i "��3 °Q TOTAL BID: 51 Yu y. s-2 (S 57 ) Cylinder 42 MATERIALS: (S tt9Sq. S7 } SERVICES: A yLt s Oa ) TOTAL BID: ($, S 7 ) Cylinder #3 MATERIALS: SERVICES: 31 if -el TOTAL BID: (�- - S, yO `/, d`7 ) Cylinder #4 MATERIALS: ( /11 9S?. 57 ) SERVICES: (s 3, `l YES co ) TOTAL BID: (S 'j-, 1/0 1, 3 7 } Cylinder #5 MATERIALS : s7 ) SERVICES: (S 4 9Vs lip ) TOTAL BID: ($ J-1 Y 0df. S7 Cylinder 46 MATERIALS: {S I1 9y 9, s 7 } SERVICES: (S 31 gl9s `0 } TOTAL BID: {S 61 90 y' 37 } Cylinder #7 MATERIALS: SERVICES: ($ '3► �/ y `� ° �' } TOTAL BID• (S Contractor shall charge hydraulic system with Quintolubric SSS biodegradable hydraulic fluid or approved equivalent. Hydraulic Fluid 100 GALLONS of Hydraulic Fluid: - , 4 {` 8 00 S /Per GAL 8 } SERVICES: 5,000 o° 0 51000 } TOTAL BID: %0 1 t.8. ee ($ 04 (e 4 8 00 } OVERALL TOTAL FOR BID MATERIALS: tmck-Lgts pa. ��� 3$5-O° ($19, 3g � } J SERVICES: Pj 1: t 5 FOO TOTAL BID: X SO v wm (Amount shalt be shown In both words and numerals. In case ordiscrepancy, the amount shown In words shall govern.) 47,s l.Y 7"h u u M w d "-we Av.* 4.#ee d-4 0 O� 00 .''0—O7q /6L1'' Federal Tax ID or Social Security No. Authorized Signature MAt2ro �ScoB�rd o Printed Name ple"L Opa• T Cee Title Cit1.' of Lubbock PURCHASING & CONTRACT MANAGEMENT DEPARTMENT ROOM 204, MUNICIPAL BUILDING 1625 13T11 STREET LUBBOCK, TEXAS 79401 PH: (806) 775-2167 FAX: (806) 775-2164 http:,'/purchasing.ci.lubbock.tx.us DATE ISSUED: CLOSE DATE: ITB # 10-010-FO. Addendum # 1 ADDENDUM #1 ITB #10-010-FO Repair and Refurbish Hydraulic Cylinders at Lake Alan Henry October 23, 2009 October , 2009 @ 3:00 P.M. The following items take precedence over specifications for the above named Invitation to Bid. Where any item called for in the ITB documents is supplemented here, the original requirements, not affected by this addendum, shall remain in effect. 1. Bidders must submit the "REVISED" BID SUBMITTAL FORM, attached. 2. Bidder's attention is invited to the following clarifications provided by the Engineer: A. In order to comply with Intake Tower operational requirements, contractor shall ensure that Gate l and either Gate 5 or Gate 6 shall remain in open position at all times. B. Contractor shall provide a total of 100 gallons of approved hydraulic fluid, revised up from 50 gallons, to charge the system. All requests for additional information or clarification must be submitted in writing and directed to: Felix Orta, Senior Buyer, City of Lubbock, P.O. Box 2000, Lubbock, Texas 79457 Questions may be faxed to (806) 775-2164 or Email to lk)rta a m\ lubbock.us THANK YOU, e&x Oit4 Felix Orta Senior Buyer City of Lubbock It is the intent and purpose of the City of Lubbock that this request permits competitive proposals. It shall be the bidder's responsibility to advise the City of Lubbock Purchasing Manager 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 Purchasing Manager no later than Five (5) business days prior to the bid close date. A review of such notifications will be made 10-0 1 0-FOAddend 1 doe City of Lubbock PURCHASING & CONTRACT MANAGEMENT DEPARTMENT ROOM 204, MUNICIPAL BUILDING 1625 13T" STREET LUBBOCK, TEXAS 79401 PH: (806) 775-2167 FAX: (806) 775-2164 http://purchasing,ci.lubbock.tx.us DATE ISSUED: OLD CLOSE DATE: NEW CLOSE DATE: FM # 10-010-FO, Addendum 42 ADDENDUM #2 ITB #10-010-FO Repair and Refurbish Hydraulic Cylinders at Lake Alan Henry October 27, 2009 October 28, 2009 @, 3:00 P.M. October 30, 2009 @ 3:00 P.M. The following items take precedence over specifications for the above named Invitation to Bid. Where any item called for in the ITB documents is supplemented here, the original requirements, not affected by this addendum, shall remain in effect. Due date and time are CHANGED from October 28, 2009 at 3:00 P.M. to October 30, 2009 at 3:00 P.M. 2. Bidders must submit the "REVISED„' BID SUBMITTAL FORM„ attached. 3. The construction time has CHANGED in all instances, from 30 (THIRTY) Calendar Days to 50 (FIFTY) CALENDAR DAYS All requests for additional information or clarification must be submitted in writing and directed to: Felix Orta, Senior Buyer, City of Lubbock, P.O. Box 2000, Lubbock, Texas 79457 Questions may be faxed to (806) 775-2164 or Email to forta rr Ill\ lubbockAls THANK YOU, Felix Orta Senior Buyer City of Lubbock It is the intent and purpose of the City of Lubbock that this request permits competitive proposals. It shall be the bidder's responsibility to advise the City of Lubbock Purchasing Manager 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 Purchasing Manager no later than five (5) business days prior to the bid close date. A review of such notifications will be made 10-010-FOAddend2.doc 10-010-FO-Repair and Refurbish Hydraulic Cylinders at Lake Alan Henry City of Lubbock, TX PURCHASING AND CONTRACT MANAGEMENT Contractor Checklist for ITB # 10-010-FO Before submitting your bid, please ensure you have completed and included the following: 1. Carefully read and understand the plans and specifications and properly complete the BID .SUBMITTAL FORM. Bid submittal form MUST be completed in blue or black ink or by typewriter. Signatures must be original, in blue or black ink and by hand. Amounts shall be written in both words and numerals and in the event of a discrepancy the amounts written in words shall govern. Include corporate seal and Secretary's signature. Identify addenda received (if any). Include firm's FEDERAL TAX ID number or Owner's SOCIAL SECURITY number. 2. ✓ Clearly mark the bid number, title, due date and time and your company name and address on the outside of the envelope or container. 3. ✓ Ensure your bid is RECEIVED by the City of Lubbock PURCHASING AND CONTRACT / MANAGEMENT prior to the deadline. Late bids will not be accepted. 4. ✓ 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. 5. ✓ Complete and sign the SAFETY RECORD QUESTIONNAIRE. All "YES" responses must be explained in detail and submitted with Bid. 6. ✓ Complete and sign the SUSPENSION AND DEBARMENT CERTIFICATION. Include firm's FEDERAL 'TAX ID number or Owner's SOCIAL SECURITY number. 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. ZG 4 c0 N sTVu e r� X1 .:Z-;,C_. (Type or Print Company Name) Invitation to Bid ITS #10-010-FO .2 - 10-010-FO-Repair and Refurbish Hydraulic Cylinders at Lake Alan Henry ITB # 10-010-FO Repair and Refurbish Hydraulic Cylinders at Lake Alan Henry Sealed bids addressed to Felix Orta, Senior Buyer, City of Lubbock, Texas, will be received at the Purchasing and Contract Management Office, Municipal Building, 1625 13th Street, Room 204, Lubbock, Texas until 3:00 p.m. on October 28, 2009, or as changed by the issuance of formal addenda to all plan holders, to furnish all labor and materials and perform all work for the construction of the following described project: Repair and Refurbish Hydraulic Cylinders at Lake Alan Henry The plans, specifications, bid forms and contract documents may be examined at the office of the Public Works Contracting Office for the City of Lubbock. Texas. A non -mandatory prebid conference will be held on October 21, 2009 at 10.00 a.m. in City Hall, 1625 13th Street, Purchasing Conference Room 204, Lubbock, Texas., Lubbock, Texas. Bid documents with specifications may be viewed and downloaded from lic.coni 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. 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 Iess than the general prevailing rate of per diem wages for legal holiday and overtime work. 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: 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. 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. The City of Lubbock hereby notifies all bidders that in regard to any contract entered into pursuant to this advertisement; minority and women business enterprises will 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 or national origin in consideration for an award. Felix Orta Senior Buyer ITB #10-010-FO - 3 - 10-010-FO-Repair and Refurbish Hydraulic Cylinders at Lake Alan Henry SAFETY RECORD QUESTIONNAIRE The City of Lubbock City Council desires to avail itself of the benefits of Section 252.0435 of the Local Government Code, and consider the safety records of potential contractors prior to awarding bids on City contracts. Pursuant to Section 252.0435 of the Local Government Code, City of Lubbock has adopted the following written definition and criteria for accurately determining the safety record of a bidder prior to awarding bids on City contracts. The definition and criteria for determining the safety record of a bidder for this consideration shall be: The City of Lubbock shall consider the safety record of the bidders in determining the responsibility thereof. The City may consider any incidence involving worker safety or safety of the citizens of the City of Lubbock, be it related or caused by environmental, mechanical, operational, supervision or any other cause or factor. Specifically, the City may consider, among other things: a.Complaints to, or final orders entered by, the Occupational Safety and Health Review Commission (OSHRC), against the bidder for violations of OSHA regulations within the past three (3) years. b.Citations (as defined below) from an Environmental Protection Agency (as defined below) for violations within the past five (5) years. Environmental Protection Agencies include, but are not necessarily limited to, the U.S. Army Corps of Engineers (USACOE), the U.S. Fish and Wildlife Service (USFWS), the Environmental Protection Agency (EPA), the Texas Commission on Environmental Quality (TCEQ), the Texas Natural Resource Conservation Commission (TNRCC) (predecessor to the TCEQ), the Texas Department of State Health Services (DSHS), the Texas Parks and Wildlife Department (TPWD), the Structural Pest Control Board (SPCB), agencies of local governments responsible for enforcing environmental protection or worker safety related laws or regulations, and similar regulatory agencies of other states of the United States. Citations include notices of violation, notices of enforcement, suspension/revocations of state or federal licenses or registrations, fines assessed, pending criminal complaints, indictments, or convictions, administrative orders, draft orders, final orders, and judicial final judgments. C. Convictions of a criminal offense within the past ten (10) years, which resulted in bodily harm or death. d.Any other safety related matter deemed by the City Council to be material in determining the responsibility of the bidder and his or her ability to perform the services or goods required by the bid documents in a safe environment, both for the workers and other employees of bidder and the citizens of the City of Lubbock. In order to obtain proper information from bidders so that City of Lubbock may consider the safety records of potential contractors prior to awarding bids on City contracts, City of Lubbock requires that bidders answer the following three (3) questions and submit them with their bids: QUESTION ONE Has the bidder, or the firm, corporation, partnership, or institution represented by the bidder, or anyone acting for such firm, corporation, partnership or institution, received citations for violations of OSHA within the past three (3) rears? 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. K41 Bidder's Initials ITB #10-010-FO R 10-010-FO-Repair and Refurbish Hydraulic Cylinders at Lake Alan Henry 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 If the bidder has indicated YES for question number two above, the bidder must provide to City of Lubbock, with its bid submission, the following information with respect to each such conviction: Date of offense or occurrence, location where offense occurred, type of offense, final disposition of offense, if any, and penalty assessed. QUESTION THREE Has the bidder, or the firm, corporation, partnership, or institution represented by bidder, or anyone acting for such firm, corporation, partnership, or institution, ever been convicted, within the past ten (10) years, of a criminal offense which resulted in serious bodily injury or death? YES NO If the bidder has indicated YES for question number three above, the bidder must provide to City of Lubbock, with its bid submission, the following information with respect to each such conviction: Date of offense, location where offense occurred, type of offense, final disposition of offense, in any, and penalty assessed. ACKNOWLEDGEMENT THE STATE OF TEXAS COUNTY OF LUBBOCK certify that I have made no willful misrepresentations in this Questionnaire nor have 1 withheld information in my statements and answers to questions. I am aware that the information given by me in this questionnaire shall be investigated, with my full permission, and that any misrepresentations or omissions may cause my bid to be rejected. a4'z 1 Signature t'�t'PSI �p k T ce O Title ITS #10-010-FO - 9 - 10-010-FO-Repair and Refurbish Hydraulic Cylinders at Lake Alan Henry SUSPENSION AND DEBARMENT CERTIFICATION Federal Law (A-102 Common Rule and OMB Circular A-110) prohibits non -Federal entities from contracting with or making sub -awards under covered transactions to parties that are suspended or debarred or whose principals are suspended or debarred. Covered transactions include procurement contracts for goods or services equal to or in excess of $25,000 and all non -procurement transactions (e.g., sub -awards to sub -recipients). Contractors receiving individual awards of $25,000 or more and all sub -recipients must certify that their organization and its principals are not suspended or debarred by a Federal agency. Before an award of $25,000 or more can be made to your firm, you must certify that your organization and its principals are not suspended or debarred by a Federal agency. I, the undersigned agent for the firm named below, certify that neither this firm nor its principals are suspended or debarred by a Federal agency. COMPANY NAME: 2E: G L FEDERAL TAX ID or SOCIAL SECURITY No. Signature of Company Official: Printed name of company official signing above: /1�,:)10 J'�- Gs'-o'e d o Date Signed: 2 p/C9U ITB #10-010-FO i tt1- O-FO.Fttpsir and Raiurb,ah Hydreuilc Cylinders at tarts Alien Neary CITY OF LUABOCX , INSURANCE REQIfMME'N-r AFFIDAVIT To Se Completed by Bidder and Agent Must be submitted with Bid t, the uhdeniined Bidder, Cdl'tity that the issurnme toque menu eantflned to this hid daeununa hate Bean rer;oftd by me whh thclbcluw idWifled tasuranca AlMV31Aer. If t am Awudad N& contract by the Clty of r uhbock 1 wlq lee able to, within tan (10) bminess days mbar bahe6 nadtl of ruab awud'vy the Cily atLuL�oek, NrMAN a Valid insurance earttUta to the City meeting 41 Of UNP&MMU dolled so this bid J ► t 'l'r cam? / Z Ll�o Contractor (Qri,gimd Signature) /)tA Rr a 1r- 3cv ec,4O Contractor (Print) CONTRACTOR'S KRM NAME: 1 ► O C . (Print or Type) CQN".' ACTOR'S FIRM ADDRESS;171 T— -TX Address of AVWRroker; q r ()&'r\a F City/5tatel,zip; —T�e- i � 9-a q 5— y _ Agent/Broker Telephone Number: (159Q `� Date-, C? NOTE TO CONTRACTOR It the tlrne requimm ent specified above to not met, the City has the right to reject ttak Md and award the contract to another centrseter, If you havo any questions c,8neer4itsg these requirements P1e6ee aontaet the !Purchasing mad Contract MtnaBemeat Writer for the City of Liabbock at (8061775-2I63. HID 010-010-F'O - Repair and Refurbish hydraulic Cylinders at Lake Alan 1jeamty iTU 010410•F0 LQ/ze 3nVd 3NI 15� T77Ab7PQC aa:rra CiaM7I[S)Ar �•d 2DEZ-069-5I6 w4jals q z.tagwom WdSStB 6000 62 %00 10-010-170-Repair and Refurbish Hydraulic Cylinders at Lake Alan Henry CONTRACTOR'S INSURANCE The Contractor shall not commence work under this contract until he has obtained all insurance as required in the General Conditions of the contract documents, from an underwriter authorized to do business in the State of Texas and satisfactory to the City. Proof of coverage shall be furnished to the City and written notice of cancellation or any material change will be provided ten (10) calendar days in advance of cancellation or change, All policies of insurance, required herein, including policies of insurance required to be provided by Contractor and its subcontractors, shall contain a waiver of any and all of the insurer's or payor's, in the event of self-insurance, rights to subrogation that any such insurer or payor, in the event of self-insurance, may acquire by virtue of payment of any loss under such insurance or self-insurance. All certificates of insurance submitted to the City in conformity with the provisions hereof shall establish such waiver. The Contractor shall procure and carry at its sole cost and expense through the life of this contract, insurance protection as hereinafter specified. Coverage in excess of that specified herein also shall be acceptable. Such insurance shall be carried with an insurance company authorized to transact business in the State of Texas and shall cover all operations in connection with this contract, whether performed by the Contractor or a subcontractor, or separate policies shall be provided covering the operation of each subcontractor. A certificate of insurance specifying each and all coverage's shall be submitted prior to contract execution. PROOF OF COVERAGE SHALL BE FURNISHED TO THE CITY OF LUBBOCK IN THE FORM OF A CERTIFICATE OF INSURANCE. THE INSURANCE CERTIFICATES FURNISHED SHALL NAME THE CITY OF LUBBOCK AS 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. General Liability Insurance (Primary Additional Insured and Waiver of Subrogation required) The contractor shall have Comprehensive Commercial General Liability Insurance with Limits of not less than $1,000,000 Combined Single Limit in the aggregate and per occurrence to include: Products-Comp/Op AGG B. Comprehensive Automotive Liability Insurance The Contractor shall have Comprehensive Automobile Liability Insurance with limits of not less than $500,000 Combined Single Limit to include; Any Auto The City is to be named as an additional insured on this policy for this specific Job and copy of the endorsement doing so is to be attached to the Certificate of Insurance. lTB #10-010-FO - 12 - 10-010-FO-Repair and Refurbish Hydraulic Cylinders at Lake Alan Henry C. Worker's Compensation and Employers Liability Insurance 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�00. Employers Liability AND/OR Occupational Medical and Disability L Definitions: Certificate of coverage ("certificate") - A copy of a certificate of insurance, a certificate of authority to self -insure issued by the commission, or a coverage agreement (TWCC-81, TWCC-82, TWCC-83, or TWCC-84), showing statutory workers' compensation insurance coverage for the person's or entity's employees providing services on a project, for the duration of the project. Duration of the project - includes the time from the beginning of the work on the project until the Contractor's/person's work on the project has been completed and accepted by the governmental entity. Persons providing services on the project ("subcontractor" in Section _406.096, Texas Labor Code) - includes all persons or entities performing all or part of the services the Contractor has undertaken to perform on the project, regardless of whether that person contracted directly with the Contractor and regardless of whether that person has employees. This includes, without limitation, independent contractors, subcontractors, leasing companies, motor carriers, owner -operators, employees of any such entity, or employees of any entity which furnishes persons to provide services on the project. "Services" include, without limitation, providing, hauling, or delivering equipment or materials, or providing labor, transportation, or other service related to a project. "Services" does not include activities unrelated to the project, such as foodlbeverage 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. 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 govenmental entity: ITB #10-010-FO - 13 - 10-010-FO-Repair and Refurbish Hydraulic Cylinders at Lake Alan Henry (a) a certificate of coverage, prior to that person beginning work on the project, so the governmental entity will have on file certificates of coverage showing coverage for all persons providing services on the project; and (b) no later than seven days after receipt by the Contractor, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project. 6 The Contractor shall retain all required certificates of coverage for the duration of the project and for one year thereafter. 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 a 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; ITB #10-010-FO - 14 - 10-010-FO-Repair and Refurbish Hydraulic Cylinders at Lake Alan Henry (e) retain all required certificates of coverage on file for the duration of the project and for one year thereafter; (t) notify the governmental entity in writing by certified mail or personal delivery, within 10 days after the person knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project; and (g) contractually require each person with whom it contracts to perform as required by paragraphs (a) - (g), with the certificates of coverage to be provided to the person for whom they are providing services. 10. By signing this contract or providing or causing to be provided a certificate of coverage. the Contractor is representing to the governmental entity that all employees of the Contractor who will provide services on the project will be covered by worker's compensation coverage for the duration of the project, that the coverage will be based on proper reporting of classification codes and payroll amounts, and that all coverage agreements will be filed with the appropriate insurance carrier or, in the case of a self -insured, with the commission's Division of Self -Insurance Regulation. Providing false or misleading information may subject the Contractor to administrative penalties, criminal penalties, civil penalties, or other civil actions. 11. The Contractor's failure to comply with any of these provisions is a breach of contract by the Contractor which entitles the governmental entity to declare the contract void if the Contractor does not remedy the breach within ten days after receipt of notice of breach from the governmental entity. F. Proof of Coverage Before work on this contract is commenced, each Contractor and subcontractor shall submit to the Owner for approval five Certificates of Insurance covering each insurance policy carried and offered as evidence of compliance with the above insurance requirements, signed by an authorized representative of the insurance company setting forth: (1) The name and address of the insured. (2) The location of the operations to which the insurance applies. (3) The name of the policy and type or types of insurance in force thereunder on the date borne by such certificate. (4) The expiration date of the policy and the limit or limits of liability thereunder on the uatc borne by such ceiiifirate. (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. ITB #10-010-FO - 15 - 10-010-FO-Repair and Refurbish Hydraulic Cylinders at Lake Alan Henry (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; (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 00 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; (�) post a notice on each project site inforrming 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 ITB #10-010-FO - 16 - 10-010-FO-Repair and Refurbish Hydraulic Cylinders at Lake Alan Henry following text provided by the commission on the sample notice, without any additional words or changes: REQUIRED WORKERS' COMPENSATION COVERAGE "Tire law requires that each person working on this site or providing services related to this construction project must he 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 lire Texas Workers' Compensation Commission at 5121440-3789 (http:/i�nwir.t���cc.state.t_r.usitwrrcorrtacts.lrt��rl) to receive information of the legal requirements for coverage, to verify whether your employer has provided the required coverage, or to report an employer's failure to provide coverage; " and (h) contractually require each person with whom it contracts to provide services on a project, to: (i) provide coverage based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements for all of its employees providing services on the project, for the duration of the project; (11) 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: (iv) "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; ITB #10-010-FO - f? - 10-010-FO-Repair and Refurbish Hydraulic Cylinders at Lake Alan Henry (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. 4. Cl_eanin&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 he shall remove all such debris, his tools and surplus materials and shall leave the work area 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. 5. Owners Representativz The Owner Representative is WOOD FRANKLIN, PE and the project manager is ZOLTAN FEKETE PE, (806) 775-3317, City of Lubbock, Texas. ITB #10-010-FO - 18 - 10-010-FO-Repair and Refurbish Hydraulic Cylinders at Lake Alan Henry SPECIFICATIONS 1.0 SCOPE OF WORK 1. Contractor shall refurbish seven (7) leaking hydraulic cylinders at Lake Alan Henry Intake Tower. Contractor shall provide all parts, equipment, labor, materials and supplies necessary for complete refurbishing of the hydraulic cylinders. 2, The Work of the project shall include the following major components: a. Draining and properly disposing of at least 95% of the hydraulic fluids. b. Removal and reinstallation of hydraulic cylinders. c. Replacement of seal kits, proximity switches, and hydraulic hoses d. Recharging the hydraulic system with biodegradable hydraulic fluids. e. Start up procedures and operational testing. 3. The work shall be completed within 50 calendar days from date of issuance of the Notice to Proceed. 4. Contractor shall comply with all applicable OSHA safety rules and follow EPA and TCEQ regulations to prevent environmental contamination of the Lake Alan Henry. 5. The Lake Alan Henry Intake Tower is located approximately 70 miles southeast from Lubbock in Garza County. Physical address of the tower is 3096 Lake Alan Henry Road, Justiceburg, Texas 79330 and GPS coordinates are 33.062764,-101.048341. Please contact Mark Record, Dam Tender at (806) 629-4430 or (806) 548-4149 to schedule inspection and repair activities. 6. Seven 3000-psi stainless steel Hanna Corporation hydraulic cylinders were installed in 1992 for the purpose of actuating large sluice gates in the side of the intake tower. Contractor shall replace rod seals, rod wipers, piston lip seals, end seals, end -of -travel proximity switches and hydraulic hoses with stainless steel fittings per manufacturer's specs. Contractor shall also drain and replace existing mineral oil -based ISO-32 hydraulic fluids with synthetic, fire-resistant biodegradable hydraulic fluids per manufacturer's specifications. 7. Contractor shall obtain seal kits from the following Hanna Corp authorized distributors only: a. Berendsen Fluid Power, Houston, TX, PH: 281-820-0077 b. Hapeco, Houston, TX, PH: 281-356-5660 c. Hapeco, Irving, TX, PH: 972-721-9877 8. Contractor shall reference the following parts numbers and drawing numbers when ordering parts: (See Annendix 11 Drawing Number Gate Number Hyd. Cylinder Size Parts 706-80218-676 4, 5, 6, 7 7" bore x 98 3/8" stroke 706-80218-676-SK 706-80218-677 1 6" bore x 43" stroke 706-80218-677-SK 706-80218-678 3 2 1 /2" bore x 13" stroke 706-80218-678-SK 706-80218-679 2 2 1 /2" bore x 15" stroke 706-80218-679-SK Total # of c tinders: 7 Total # of rebuild kits: 7 9. Contractor shall replace end -of -travel proximity switches with Go Switch, 70-Series or approved equivalent. (Appendix 2) ITR #10-010-FO - 19 - 10-010-Fo-Repair and Refurbish Hydraulic Cylinders at Lake Alan Henry 10. Contractor shall charge hydraulic system with Quintolubric 888 biodegradable hydraulic fluid or approved equivalent. (Appendix 3). Contractor shall provide a total of 50 gallons approved hydraulic fluid to charge the system. Excess hydraulic fluid shall be stored on site in 5-gallons pails. 11. Contractor shall comply with Owner's Manual repair instructions. (Appendix 4) a. Repairing Information for Hydraulic Equipment b. Fluid Changing Procedure for Hydraulic Operating Systems c. Testing and Adjustment of Hydraulic Operating Systems 12. The intake tower bridge was designed for an AASHTO H-15 truck load at normal working stresses. Please see (Appendix 5) for maximum axle loadings. 13. Contractor shall provide 12 months warranty for work performed. 14. Approximate lengths of high pressure, '/2" diameter hydraulic hoses to be replaced shown in the following table. Gate Hose to top of cylinder inch Hose to bottom of cylinder inch 1 90 36 2 36 18 3 36 18 4 130 30 5 130 30 6 126 36 7 30 80 ITB #10-010-FO - 20 - Resolution No. 2009—RO530 CITY OF LUBBOCK CHANGE ORDER Change Order #: 1 Contractor: EGL Construction, Inc. Date: I March 23, 2010 BID/ITBfRFP #: I 1T13 #10-010--FO Contract #: 9298 I Project Name: Repair and Refurbish Sluice Gate Hydraulic Cylinders at Lake Alan Henry Intake Tower "Change Order" means a written order to a Contractor executed by the Owner in accordance with the contract authorizing an addition to, deletion from, or adjustment or revision of the requirements of the contract documents, or an adjustment to the compensation payable to Contractor, or to the time for performance of the contract and completion of the Project, or a combination thereof, which does not alter the nature of the thing to be constructed and is an integral part of the project objective. Adjustments to "Estimated Quantities" to a line item in a Unit Price contract do not require a Change Order. All work that alters the nature of the thing to be constructed or that is not an integral part of the project objective must be let out for public bid. Description of change (alteration, deviation, addition, or deletion) caused by conditions encountered during construction not covered by the specifications and drawings of the project (attach additional pages if necessary): The neoprene seal on Sluice Gate #2 of the Lake Alan Henry Intake Tower has been deteriorated and it is causing lake water leaking into a 14-inch lake control pipe under the darts. COL Water Engineering Department staff request that EGL Construction, Inc. remove, replace the old seal, and adjust the gate to specifications. In addition, under this change order, contract time for final completion shall be extended with 50 calendar days, until April 28, 2010 to account for weather days and delays for ordering parts. Where the Change Order is negotiated, the Change Order must be fully documented and itemized as to costs, including material quantities, material costs, taxes, insurance, employee benefits, other related costs, profit and overhead. Where certain unit prices are contained in the initial contract, no deviations are allowed in computing negotiated change order costs. ITEMIZED COSTS MUST BE FULLY DOCUMENTED AND ATTACHED TO THIS FORM. ITEM DESCRIPTION AMOUNT A. ORIGINAL CONTRACT VALUE: $48,500 B. AMOUNT OF THIS CHANGE ORDER: Council approval required if over S25,000 $12,125 C. PERCENT OF CONTRACT VALUE THIS CHANGE ORDER (B/A): 25% D. AMOUNT OF PREVIOUS CHANGE ORDERS: $0 E. TOTAL AMOUNT OF ALL CHANGE ORDERS (B+D): $12,125 F. PERCENT OF CONTRACT OF ALL CHANGE ORDERS (E/A): 25%marimum 25% G. NEW CONTRACT AMOUNT (A+E): $60,625 It is mutually agreed that the above dollar amount and the time extension, as applicable, as set forth in this Change Order constitutes full compensation to the Contractor for all costs, expenses and damages to the Contractor, whether direct, consequential or otherwise, in anyway incident to, or arising out of or resulting directly or indirectly; from the work performed or modified by the Contractor under this Change Order. This Chanee Order is not valid without the following signatures (please sisan in order and return 3 orizinals with Contract Cover Sheet to Purchasing and Contract Management Department): �y (I) CONTRACTOR D e (2) PROJECT ARCl-rF.CT/EN ' EER Dafe Appr ved as to Content: Appr to Form: 3 WNE REP ENTATIVE 4 TY O EY to (5) CAPITAL P OJECTS MANAGER Date {6) PURCHAS A A CONTRACT MANAGER ate Change Orders over $25,000 require a Contract Cover Sheet and the following signatures: CITY OF LUBBOCK ATTEST: (7) MAYOR Date (8) CITY SECRETARY Date Council 1O1c Agenda Item C Resolution #: PWC-045 (Rev 01/06) El Paso, TX 79905 Zoltan Fekete, P.E. Water Utilities Engineering City of Lubbock, Texas CONSTRUCTION, INC Lake Alan Henry Proposal NUMBER Date 10-288 March 22, 2010 Item DESCRIPTION UNIT PRICE AMOUNT EGL will provide all materials and qualified personnel for the following scope of work. Repair sleuth gate #2 at Lake Alan Henry 1 Rental Equipment 2 Multi Pro Gas Detector with discount of 50% 3 Allegro 2 mask fresh air supply 50% discount 4 Parts, Labor, fuel and lodging Should any unusual or unexpected conditions be encountered during this SUBTOTAL 12,125.00 project witch, indicate a need to broaden the scope of services, we will contact you for written authorization before proceeding with any additional F-Iservices. Our effort will be carried out in accordance with this quote. $12,125.00 DIRECT ALL INQUIRIES TO: Mario F Escobedo EGL Construction Inc. 915-525-2302 Attn: Accounts Receivable mado@eglconstruction.com 5417 Dailey El Paso, TX 79905 THANK YOU FOR YOUR BUSINESSI