HomeMy WebLinkAboutResolution - 2015-R0105 - Contract: Net Connection LLC (Litter Fence Installation And Netting) - 03/26/2015Resolution No. 2015-RO105
March 26, 2015
Item No. 5.9
RESOLUTION
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Mayor of the City of Lubbock is hereby authorized and directed to execute for
and on behalf of the City of Lubbock, Contract No. 12155 for the installation of the litter fence
and additional netting panels at the West Texas Region Disposal Facility (WTRDF) – Phase 6, as
per ITB 15 -12155 -PD, by and between the City of Lubbock and Net Connection, LLC, of
Birmingham, Alabama, and related documents. Said Contract is attached hereto and
incorporated in this resolution as if fully set forth herein and shall be included in the minutes of
the City Council.
Passed by the City Council on this 26th day of March 2015.
49j? =
Jim Gerk, Mayor Pro Tem
0400 -TI
Rebecca Garza, City Seer' e—tary '
APPROVED AS TO � CO
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Scott Snider, Assistant City Manager
APPROVED AS TO FORM:
.a,�
aur Pratt, Assistant City Attorney
Resolution - Net Connection Litter Fence at VMDF 2.12.15
2.12.15
BOND CHECK
BEST RATING:
LICENSED IN TEXAS
DATE: BY:
CONTRACT AWARD DATE March 26, 2015
CITY OF LUBBOCK
SPECIFICATIONS FOR
Installation of Litter Fence and Additional Netting Panels at West
Texas Region Disposal Facility (WTRDF) - Phase 6
ITB 15-12155-PD
CONTRACT 12155
Project #: 5515.8292 and 5515.9282
Plans & Specifications can be viewed online and downloaded from
WWW.BIDSYNC.COM at no cost.
11wCity of
fibbock
TEXAS
CONTRACT PREPARED BY: PURCHASING AND CONTRACT MANAGEMENT OFFICE
1
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Contractor Checklist
Before submitting your bid, please ensure you have completed and included the following documents in the
order they are listed. The contractor is only to submit (1) one original unbound copy of every item listed.
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. The bidder binds
himself on acceptance of his bid to execute a contract and any required bonds, according to
the accompanying forms, for performing and completing the said work within the time
stated and for the prices stated below. In case of a discrepancy between the Unit Price and the
Extended Total for a Bid item, the Unit Price will be taken."Include corporate seal and
Secretary's signature. Identify addenda received (if any). Include firm's FEDERAL TAX ID
number or Owner's SOCIAL SECURITY number.
2. X Include BID BOND or CASHIER'S OR CERTIFIED CHECK as your bid surety. Failure to
provide a bid surety WILL result in automatic rejection of your bid.
3. Complete and sign the CITY OF LUBBOCK INSURANCE REQUIREMENT
AFFIDAVIT. Contractor's signature must be original.
4. Clearly mark the bid number, title, due date and time and your company name and address on the
outside of the envelope or container.
5. t\ Ensure your bid is RECEIVED by the City of Lubbock Purchasing and Contract Management
f Office prior to the deadline. Late bids will not be accepted.
6. Complete and sign the SAFETY RECORD QUESTIONNAIRE. All "YES" responses must be
explained in detail and submitted with Bid.
7. Complete and sign the SUSPENSION AND DEBARMENT CERTIFICATION. Include firm Is
FEDERAL TAX ID number or Owner's SOCIAL SECURITY number.
8. Complete and submit the LIST OF SUB -CONTRACTORS.
DOCUMENTS REQUIRED WITHIN SEVEN BUSINESS DAYS AFTER CLOSING:
9. 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.
A14� Con n e&, &n I LtX,
(Type or Print Company Name)
2
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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
4_.
3-4. SUSPENSION AND DEBARMENT CERTIFICATION
4.
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
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NOTICE TO BIDDERS
ITB 15-12155-PD
Sealed bids addressed to Marta Alvarez, Director of Purchasing and Contract Management, City of
Lubbock, Texas, will be received in the office of the Purchasing and Contract Management Office, City
Hall, 1625 13th Street, Room 204, Lubbock, Texas, 79401, until 2:00 p.m. on February 3, 2015, or as
changed by the issuance of formal addenda to all planholders, to furnish all labor and materials and perfonn
all work for the construction of the following described project:
Installation of Litter Fence and Additional Netting Panels at West Texas Region Disposal Facility
(WTRDF) - Phase 6
After the expiration of the time and date above first written, said sealed bids will be opened in the office
of the Purchasing and Contract Management Office and publicly read aloud. It is the sole responsibility of
the bidder to ensure that his bid is actually in the office of the Purchasing and Contract Management Office
for the City of Lubbock, before the expiration of the date above first written.
Bids are due at 2:00 p.m. on February 3, 2015, and the City of Lubbock City Council will consider the
bids on February 26, 2015, at the City Hall, 1625 13th Street, Lubbock, Texas, or as soon thereafter as may
} be reasonably convenient, subject to the right to reject any or all bids and waive any formalities. The
successful bidder will be required to furnish a perfonnance bond in accordance with Chapter 2253,
Government Code, in the amount of 100% of the total contract price in the event that said contract price
9 exceeds $100,000 and the successful bidder will be required to furnish a payment bond in accordance with
Chapter 2253, Government Code, in the amount of 100% of the total contract price in the event that said
contract price exceeds $50,000. Said statutory bonds should be issued by a company carrying a current Best
�.. Rating of "A" or better. THE BONDS MUST BE IN A FORM ACCEPTABLE TO THE CITY
ATTORNEY AND MUST BE DATED THE SAME DATE THAT THE CONTRACT WAS
AWARDED.
The estimated budget for this project is $105,000.
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.
Copies of plans and specifications may be obtained at bidder's expense from the City of Lubbock
Purchasing and Contract Management office. Plans and specifications can be viewed online and
downloaded from WWW.BIDSYNC.COM at no cost. In the event of a large file size, please be patient
when downloading or viewing. BUSINESSES WITHOUT INTERNET ACCESS may use computers
available at most public libraries.
4
Attention of each bidder is particularly called to the schedule of general prevailing rate of per diem
wages included in the contract documents on file in the office of the Purchasing and Contract Management
Office of the City of Lubbock, which document is specifically referred to in this Notice to Bidders. Each
bidder's attention is further directed to Texas Government Code, Chapter 2258, Prevailing Wage Rates, and
the requirements contained therein concerning the above wage scale and payment by the contractor of the
prevailing rates of wages as heretofore established by owner in said wage scale.
The City of Lubbock hereby notifies 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 Purchasing and Contract Management Office at (806) 775-2572 or write to
Post Office Box 2000, Lubbock, Texas 79457 at least 48 hours in advance of the meeting.
CITY OF LUBBOCK
4arta AC arez
DIRECTOR OF PURCHASING
AND CONTRACT MANAGEMENT
In
GENERAL INSTRUCTIONS TO BIDDERS
1 BID DELIVERY, TIME & DATE
1.1 The City of Lubbock is seeking written and sealed competitive bids to furnish Installation of Litter
Fence and Additional Netting Panels at West Texas Region Disposal Facility (WTRDF) -
Phase 6 per the attached specifications and contract documents. Sealed bids will be received no later than
2:00 p.m., on February 3, 2015 at the office listed below. Any bid received after the date and hour
specified will be rejected and returned unopened to the bidder. Each bid and supporting documentation
must be in a sealed envelope or container plainly labeled in the lower left-hand corner: "ITB 15-12155-
PD, Installation of Litter Fence and Additional Netting Panels at West Texas Region Disposal
Facility (WTRDF) — Phase 6 " and the bid opening date and time. Bidders must also include their
5.-- company name and address on the outside of the envelope or container. Bids must be addressed to:
Marta Alvarez, Director of Purchasing and Contract Management
City of Lubbock
1625 13th Street, Room 204
Lubbock, Texas 79401
1.2 Bidders are responsible for making certain bids are delivered to the Purchasing and Contract Management
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 - DELETED
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 Purchasing and Contract Management Office. At the request of the
bidder, or in the event the Purchasing and Contract Management Office deems the interpretation to be
substantive, the interpretation will be made by written addendum issued by the Purchasing and Contract
Management Office. Such addenda issued by the Purchasing and Contract Management Office will be
available over the Internet at www.bidUiie.com and will 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 Purchasing and Contract
Management Office no later than five (5) calendar days before the bid closing date.
3.3 All addenda, amendments, and interpretations of this solicitation shall be in writing. The City of Lubbock
shall not be legally bound by any amendment or interpretation that is not in writing. Only information
supplied by the City of Lubbock Purchasing and Contract Management Office in writing or in this ITB
should be used in preparing bid responses. All contacts that a bidder may have had before or after receipt of
this ITB with any individuals, employees, or representatives of the City and any information that may have
been read in any news media or seen or heard in any communication facility regarding this bid should be
disregarded in preparing responses.
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. F,
4.3
Notices of any discrepancies or omissions in these plans, specifications, or contract documents, shall
be given to the Purchasing and Contract Management Office and a clarification obtained before the
bids are received, and if no such notice is received by the Purchasing and Contract Management
Office 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 Purchasing and Contract Management Office
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
bid closing date.
5 BID PREPARATION COSTS
i
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.
j
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 fiom 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
L11
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 CONFIDENTIAL/PROPRIETARY is not in conformance with the Texas Open
Records Act.
7 LICENSES PERMITS TAXES
The price or prices for the work shall include full compensation for all taxes, permits, etc. that the bidder is or may be
required to pay.
;4
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.
1_10 CONTRACT DOCUMENTS
j10.1 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
1
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 Purchasing and Contract Management Office if any language
requirements, etc., or any combinations thereof, inadvertently restricts or limits the requirements stated in
this ITB to a single source. Such notification must be submitted in writing and must be received by the
City of Lubbock Purchasing and Contract Management Office no later than five (5) calendar days before
the bid closing date. A review of such notifications will be made.
12.2 NO BIDDER SHALL REQUEST ANY INFORMATION VERBALLY. ALL REQUESTS FOR
ADDITIONAL INFORMATION OR CLARIFICATION CONCERNING THIS INVITATION TO
BID (ITB) MUST BE SUBMITTED IN WRITING NO LATER THAN FIVE (5) CALENDAR
DAYS PRIOR TO THE BID CLOSING DATE AND ADDRESSED TO:
Pedro Delgado, Buyer
City of Lubbock
Purchasing and Contract Management Office
1625 13th Street, Room 204
Lubbock, Texas 79401
Fax: 806-775-2164
Email: pdelgado@mylubbock.us
Bidsync: www.bidsyne.com
13 TIME AND ORDER FOR COMPLETION
l , 13.1 The construction covered by the contract documents shall be substantially completed within 30 (Thirty)
working days from the date specified in the Notice to Proceed issued by the City of Lubbock to the
t_ 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.
14 PAYMENT
All payments due to Contractor shall be made in accordance with the provisions of the General Conditions of the
contract documents.
15 AFFIDAVITS OF BILLS PAID
The City of Lubbock reserves the right, prior to final acceptance of this project to require the Contractor to
execute an affidavit that all bills for labor, materials and incidentals incurred in the construction of the
improvements contemplated by the contract documents have been paid in full and that there are no claims
pending, of which the Contractor has been notified.
16 MATERIALS AND WORKMANSHIP
17
18
19
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.
17.4 The warranties contained herein are separate and discrete from any other warranties specified in this
Contract, and are not subject to any disclaimer of warranty, implied or expressed, or limitation to the
Contractor's liability which may be specified in this Contract, its appendices, its schedules, its annexes or
any document incorporated in this Contract by reference.
PLANS FOR THE CONTRACTOR
The contractor will, upon written request, be furnished up to five sets of plans and specifications and related
contract documents for use during construction. Plans and specifications for use during construction will only be
furnished directly to the Contractor. The Contractor shall then distribute copies of plans and specifications to
suppliers, subcontractors or others, as required for proper prosecution of the work contemplated by the
Contractor.
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
f
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
r
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.
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
10
25
M,
telephone number where such local representative may be reached during the time that the work contemplated by
this contract is in progress.
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 ALONG WITH A COPY OF THE ADDITIONAL
INSURED ENDORSEMENT. THE INSURANCE CERTIFICATES FURNISHED SHALL NAME
THE CITY OF LUBBOCK AS AN ADDITIONAL INSURED TO ON AUTO/GENERAL
LIABILITY ON A PRIMARYAND NON CONTRIBUTORY BASIS TO INCLUDE PRODUCT-
COMP/OP AND PROVIDE A WAIVER OF SUBROGATION IN FAVOR OF THE CITY OF
LUBBOCK AS REQUIRED BELOW, OR IN THE ALTERNATIVE, SHALL BE
ACCOMPANIED BY A STATEMENT FROM THE CONTRACTOR TO THE EFFECT THAT
NO WORK ON THIS PARTICULAR PROJECT SHALL BE SUBCONTRACTED. IT SHALL
BE THE CONTRACTOR'S RESPONSIBILITY TO PROVIDE TO THE OWNER ALL PROOF
OF COVERAGE INSURANCE DOCUMENTS INCLUDING WORKERS COMPENSATION
COVERAGE FOR EACH SUBCONTRACTOR. THE ADDITIONAL INSURED
ENDORSEMENT SHALL INCLUDE PRODUCTS AND COMPLETE OPERATIONS.
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. E!
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 Sunday or holidays, the Contractor
must notify the Owner's Representative not less than three full working days prior to the weekend or
holiday he desires to do work and obtain written permission from the Owner's Representative to do such
work. The final decision on whether to allow construction work requiring an inspector on Sunday 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
11
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
shall keep a record showing the name and occupation of each worker employed by the Contractor or
subcontractor in the construction of the public work and the actual per diem wages paid to each
worker. This record shall be open at all reasonable hours to inspection by the officers and agents of
the City. The Contractor must classify employees according to one of the classifications set forth in the
schedule of general prevailing rate of per diem wages, which schedule is included in the contract documents.
The Contractor shall forfeit as a penalty to the City of Lubbock on whose behalf this contract is made, sixty
dollars ($60) 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
f" 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
a q p J J
1 , bidder without being considered.
29 PREPARATION FOR BID
29.1 The bidder shall submit his bid on forms furnished by the City, and all blank spaces in the form shall be
correctly filled in, stating the price in numerals for which he intends to do the work contemplated or
furnish the materials required. Such prices shall be written in ink, distinctly and legibly, or typewritten. In
case of discrepancy between the unit price and the extended total for a bid item, the unit price will be
taken. A bid that has been opened may not be changed for the purpose of correcting an error in the bid
price.
29.2 If the 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:
29.3.1 Bidder's name
29.3.2 Bid for 15-12155-PD, Installation of Litter Fence and Additional Netting Panels at West
Texas Region Disposal Facility (WTRDF) — Phase 6 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.
29.4 Pursuant to Texas Local Government Code 252.043(g), a competitive sealed bid that has been
opened may not be changed for the purpose of correcting an error in the bid price. THEREFORE,
ANY CORRECTIONS TO THE BID PRICE MUST BE MADE ON THE BID SUBMITTAL
FORM PRIOR TO BID OPENING.
30 BOUND COPY OF CONTRACT DOCUMENTS
i Bidder understands and agrees that the contract to be executed by bidder shall be bound and will include the
a: following:
12
i _
31
(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 inade 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 thtee (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 Four plus the sum of any Alternate Bids or Options the City may select.
32.2 All bids are evaluated for compliance with specifications before the bid price is considered. Response to
specifications is primary in determining the best low bid. Failure to comply with the specifications may
result in disqualification of the bid. (- J
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. Uq
11
13
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
h 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.
32.7 The estimated budget for this project is $105,000.
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,
C._. 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:
http://www.wdol.gov/dba.aspx
14
34.4 It shall be the responsibility of the successful bidder to obtain the proper wage rates from theIc
web site for the type of work defined in the bid specifications.
34.5 A contractor or subcontractor who violates Texas Government Code Section 2258.023 shall pay
to the City of Lubbock sixty dollars ($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. Eli
35 HOUSE BILL 2015
House Bill 2015, signed by the governor on June 14, 2013 and effective on January 1, 2014, authorizes a
penalty to be imposed on a person who contracts for certain services with a governmental entity and
who fails to properly classify their workers. This applies to subcontractors as well. Contractors and
subcontractors who fail to properly classify individuals performing work under a governmental contract
will be penalized $200 for each individual that has been misclassified. Government entities may want to
include information on this new misclassification penalty in their contracts with entities that are
providing services covered by this new requirement (Texas Government Code Section 2155.001).
■
15
BID SUBMITTAL FORM
16
PAGE INTENTIONALLY LEFT BLANK
'1! .
BID SUBMITTAL FORM
UNIT PRICE BID CONTRACT
DATE: F-0-6,
ITB 15-12155-PD — Installation of Litter Fence and Additional Netting Panels at West Texas Region
Disposal Facility (WTRDF) — Phase 6
Bid of K (Z:� Co Vt h C�t0't1 UU,
(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 Installation of Litter Fence and
Additional Netting Panels at West Texas Region Disposal Facility (WTRDF) — Phase 6, 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.
ITEM
DESCRIPTION
ESTIMATED
UNIT OF
UNIT
EXTENDED
NO.
QUANTITY
MEASURE
PRICE
AMOUNT
1
Provide all labor, equipment, and materials to
1,000
LF
construct a new litter fence netting system at the
West Texas Region Disposal Facility at
Abernathy, TX. The litter fence will be a total of
1,000 LF y 30' high constructed on steel poles.
The new netting system must match the existing
netting system exactly in order to maintain the
integrity of the original design scheme, per
specifications.
Additive Alternates:
2
Pricing for additional 250 LF of netting system
250
LF
$ 2-106
$ 20 �4s vo
and installation ass specified above.
3
Pricing for additional 50 ft wide x 30 ft tall panels
15
EA
$
$
of netting only, per specifications (to be installed
W
7 '-7 `
1 j� 355 CAJ
by City staff as needed to repair existing fencing).
4
Pricing for additional snaps per specifications
2,000
EA
J$ . `716
$
TOTAL BASE BID (ITEMS 1 -4)
$122, 7137
Bidder's Initials
17
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 30 WORKING 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 for each 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 SEVENTY (70) 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
Bidder's Initials
9
i
18
> e
1 Enclosed with this bid is a Cashier's Check or Certified Check for Dollars
($ ) or a Bid Bond in the sum of U P -fin -irr A -f /n W sC, v, � Dollars ($ (7 oft �' ),which
it is agreed shall be collected and retained by the Owner as liquidated damages in the event the id is accepted by
the Owner and the undersigned fails to execute the necessary contract documents, insurance certificates, and the
required bond (if any) with the Owner within ten (10) business days after the date of receipt of written notification
of acceptance of said bid; otherwise, said check or bond shall be returned to the undersigned upon demand.
Bidder understands and agrees that the contract to be executed by Bidder shall be bound and include all contract
documents made available to him for his inspection in accordance with the Notice to Bidders.
Pursuant to Texas Local Government Code 252.043(g), a
i 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)
Ai}
T/TEST:QA
l I *k
Secretary
Bidder acknowledges receipt of the following addenda:
Date
Addenda No.
Addenda No.
Date
Addenda No.
Date
Addenda No.
Date
Date:'G
(Printed or Typed Name)
T 4oA- ' 1j �c� o h . LL
Company �(o?2`1- A tU
Address }
City, County
AL , 3S2t0
State Zip Code
Telephone: LOS -_ m- q, $ _
Fax: Zos - Tit- '25 `7
FEDERAL TAX ID or SOCIAL SECURITY No.
7-c)w z�n3 r4y
EMAIL:�t�'fGc�}?17
M/WBE Firm: Woman Black American Native American
Hispanic American Asian Pacific American Other S ecif
19
11,
0 THE A ERICAN INSTITUTE OF ARCHITECTS
AM Document A310
KNOW ALL MEN BY THESE PRESENTS, that we
Net Connection, LLC.
2637 Queenstown Road, Ste. A
Birmingham, AL 35210
as Principal, hereinafter called the Principal, and Kni htbrook Insurance Company, 365 Northridge Road, Suite 400, Atlanta, GA
30350 a corporation duly organized under the laws of the State of California as Surety, hereinafter called the Surety, are held and rii
firmly bound unto
City of Lubbock
1625 13"' Street, Rm. 204
Lubbock, TX 79401
as Obligee, hereinafter called the Obligee, in the sum of FIVE PERCENT OF AMOUNT BID — PENAL SUM NOT TO
EXCEED TEN THOUSAND DOLLARS (5% Not To Exceed $10,000)
for the payment of which sum well and truly to be made, the said Principal and the said Surety, bind ourselves, our heirs, executors,
administrators, successors and assigns, jointly and severally, firmly by these presents.
WHEREAS, the Principal has submitted a bid for
Installation of Litter Fence and Additional Netting Panels at West Texas Regional Disposal Facility
NOW, THEREFORE, if the Obligee shall accept the bid of the Principal and the Principal shall enter into a Contract with the Obligee in accordance with the terms of T
such bid, and give such bond or bonds as may be specified in the bidding or Contract Documents with good and sufficient surety for the faithful performance of sucli t
Contract and for the prompt payment of labor and material furnished in the prosecution thereof, or in the event of the failure of the Principal to enter such Contract and
give such bond or bonds, if the Principal shall pay to the ObIigee the difference not to exceed the penalty hereqPt-e-t%v-NQ the amount specified in said bid and such
larger amount for which the Obligee may in good faith contract with another party to perform the Work coven y said bi ,then this obligation shall be unit and void,
otherwise to remain in full force and effect.
Signed and sealed this 3rd day of February, 2015.
Net Connection, LLC.
(Principal) ,,�pp (Seal)
IV`
Title)
Knightbro k Insu uce Comiany
( ret
David R. Brett, Attorney In Fact
ACAUTION: You should sign an original AIA document which has this caution printed in red .
An original assures that changes will not be obscured as may occur when documents are reproduced
WARNING: Unlicensed photocopying violates U.S. copyright law, and is subject to legal prosecution.
AiA DOCUMENT A310 BID BOND AIA FEBRUARY 1970 ED • THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 N.Y. AVE., NW., WASHINGTON, D.C. 20006
KNIGHTBROOK INSURANCE COMPANY
4751 Wilshire Boulevard, Suite 111
Los Angeles, CA 90010
SPECIAL POWER OF ATTORNEY
[[ FOR: BID BONDS/RIDERS/CONSJENTS/AFFIDAVITS/LETTERS
t1l
Know all men by these Presents, that the KNIGHTBROOK INSURANCE COMPANY ("KnightBrook"), a Delaware
corporation, had made, constituted and appointed, and by these presents does make, constitute and appoint, in accordance
with the limitations of the Managing General Agency Agreement and Underwriting Guidelines, Andrew C. Heaner of Atlanta, Georgia;
Richard L. Shanahan of Atlanta, Georgia; Stefan E. Tauger of Parker, Colorado; Arthur S. Johnson of Atlanta, Georgia; James E.
Feidner of West Lake., Ohio; Jeffery L. Booth of Parma, Ohio; Melanie J. Stokes of Atlanta, Georgia; David R. Brett of Columbia,
South Carolina; Scott E. Stoltzner of Birmingham, Alabama; Diane L. McLain of Fitchburg, Wisconsin; Brian A. O'Neal of Parker,
Colorado; Jason S. Centrella of Jacksonville, Florida; Kelley E.M. Nys of Decatur, Georgia; Michael K. Thompson of Atlanta, Georgia;
or Brian Clark of Charlotte, North Carolina, EACH as its tine and lawful attorney for it and its name, place and stead to execute
on behalf of the said company, as surety, bonds, undertakings and contracts of suretyship to be given to all obligees
provided that no bond or undertaking or contract of suretyship executed under this authority shall exceed in amount of the
sum of $2,000,000 (Two Million Dollars).
This Power of Attorney is granted and is signed and sealed by facsimile under and by the authority of the following Resolution
adopted' pursuant to due authorization by the Executive Committee of the Board of Directors of the KNIGHTBROOK
INSURANCE COMPANY on the 14th day of April, 2014:
RESOLVED, that the President of the Company be, and that each or any of them hereby Is, authorized to execute Powers of
Attorney qualifying the attorney named in the given Power of Attorney to execute in behalf of the KNIGHTBROOK INSURANCE
COMPANY bonds, undertakings and all contracts- of suretyship; and that any Officer, Secretary or any Assistant Secretary be,
and that each or any of them hereby is, authorized to attest the execution of any such Power of Attorney, and to attach thereto
the seal of the Company.
FURTHER RESOLVED, that the signature of such officers and the seal of the Company may be affixed to any such Power of
Attorney or to any certificate relating thereto by facsimile, and any such Power of Attorney or certificate bearing such facsimile
signatures or facsimile seal shall be valid and binding upon the Company when so affixed and in the future, with respect to any
bond undertaking or contract of suretyship to which it is attached:
In Witness Whereof, the KNIGHTBROOK INSURANCE COMPANY has caused its official seal to be hereto affixed, and these
presents to be signed by its President and attested by its General Counsel this 8th day of October, 2014.
Attest: 0
John Rygh
STATE of California
COUNTY of Los Angeles
KNIGHTBROOK INSURANCE COMPANY
By: 1
ric D. Jarvis, President
On October 8, 2014 before me, Eric D. Jarvis, President, personally appeared, who proved to me on the basis of satisfactory
evidehce to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that
he/she/they executed the same In his/her/ their authorized capacity(ies), and that by his/her/their signature(s) on the instrument
the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF
PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNE7my nd and official- eal.r' ; JENNY LEMUS-AGUILAR
emi
COMM. #r~2046560Si natu(Seal) °allotary Public • California o
g Los Angeles County
Comm. Expires Oct, 24, 2017
I, the undersigned, an Offfcer'of KNIGHTBROOK INSURANCE;COMi'ANY,',a Delaware Corporation, DO HEREBY CERTIFY that the
foregoing and attached Power of Attorney remains in full force and'has,not been "revoked; and, furthermore, that the,Resolution of the
Executive Committee of the -Board of Directors set forth in the Pper of,, �'it+�rney is now in force.
' es Dated the of r / .
Signed and sealed at City of Los Angel y ,
. Jarvis, President
City of Lubbock, TX
Purchasing and Contract Management
Insurance Requirement Affidavit
To Be Completed by Bidder
Must be submitted with Bid
I, the undersigned Bidder certify that the insurance requirements contained in this bid document have
been reviewed by me and my Insurance Agent/Broker. If I am awarded this contract by the City of
Lubbock, I will be able to, within ten (10) business days after being notified of such award by the City
of Lubbock, furnish a valid insurance certificate to the City meeting all of the requirements defined in
this bid.
Contractor (Original Signature) Contractor (Print)
CONTRACTOR'S BUSINESS NAME: Ne,� co a 6 "ty,
(Print or Type)
CONTRACTOR'S FIRM ADDRESS: Z&7-,)7-A Qy� edrs4yo 11 )e
11 NOTE TO CONTRACTOR II
If the time requirement specified above is not met, the City has the right to reject this proposal
and award the contract to another contractor. If you have any questions concerning these
requirements, please contact the Director of Purchasing & Contract Management for the City of
Lubbock at (806) 775-2572.
ITB 15-12155-PD, Installation of Litter Fence and Additional Netting Panels at West Texas Region
Disposal Facility (WTRDF) Phase 6
SAFETY RECORD QUESTIONNAIRE
The City of Lubbock City Council desires to avail itself of the benefits of Section 252.0435 of the Local
Government Code, and consider the safety records of potential contractors prior to awarding bids on City
contracts. Pursuant to Section 252.0435 of the Local Government Code, City of Lubbock has adopted the
following written definition and criteria for accurately determining the safety record of a bidder prior to awarding
bids on City contracts.
The definition and criteria for determining the safety record of a bidder for this consideration shall be:
The City of Lubbock shall consider the safety record of the bidders in determining the responsibility
thereof. The City may consider any incidents involving worker safety or safety of the citizens of the City of
Lubbock, be it related or caused by environmental, mechanical, operational, supervision or any other cause
or factor. Specifically, the City may consider, among other things:
a. Complaints to, or final orders entered by, the Occupational Safety and Health Review Commission
(OSHRC), against the bidder for violations of OSHA regulations within the past three (3) years.
b. Citations (as defined below) from an Environmental Protection Agency (as defined below) for violations
within the past five (5) years. Environmental Protection Agencies include, but are not necessarily limited
to, the U.S. Army Corps of Engineers (USACOE), the U.S. Fish and Wildlife Service (USFWS), the
Environmental Protection Agency (EPA), the Texas Commission on Environmental Quality (TCEQ), the
Texas Natural Resource Conservation Commission (TNRCC) (predecessor to the TCEQ), the Texas
Department of State Health Services (DSHS), the Texas Parks and Wildlife Department (TPWD), the
Structural Pest Control Board (SPCB), agencies of local governments responsible for enforcing
environmental protection or worker safety related laws or regulations, and similar regulatory agencies of
other states of the United States. Citations include notices of violation, notices of enforcement,
suspension/revocations of state or federal licenses or registrations, fines assessed, pending criminal
complaints, indictments, or convictions, administrative orders, draft orders, final orders, and judicial final
judgments.
C. Convictions of a criminal offense within the past ten (10) years, which resulted from bodily harm or
death.
d. Any other safety related matter deemed by the City Council to be material in detennining 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) 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 infonnation with respect to each such citation:
Date of offense, location of establishment inspected, category of offense, final dispositi of o fense, if any, and
penalty assessed.
Bidder's Initials
�#Jff DI.YI � rflg i Ili iL�7
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, achninistrative orders, draft orders, final orders, and judicial final
judgments.
YES NO�(
If the bidder has indicated YES for question number two above, the bidder must provide to City of Lubbock. -with
its bid submission, the following information with respect to each such conviction:
Date of offense or occurrence, location where offense occurred, type of offense, final disposition of offense, if
any, and penalty assessed.
QUESTION THREE
Has the bidder, or the firm, corporation, partnership, or institution represented by bidder, or anyone acting for
such firm, corporation, partnership, or institution, ever been convicted, within the past ten (10) years, of a criminal
offense which resulted from serious bodily injury or death?
YES NO Y
If the bidder has indicated YES for question number three above, the bidder must provide to City of Lubbock,
with its bid submission, the following information with respect to each such conviction:
Date of offense, location where offense occurred, type of offense, final disposition of offense, in any, and penalty
assessed.
ACKNOWLEDGEMENT
THE STATE OF TEXAS
COUNTY OF LUBBOCK
I certify that I have made no willful misrepresentations in this Questionnaire nor have I withheld information in
my statements and answers to questions. I am aware that the information given by me in this questionnaire shall
be investigated, with my full permission, and that any misrepresents ' s or omissions may cause my bid to be
rejected.
91, L t44 6aj:5I A
Signature
Mggy mcl Me#1yd4w-
Title
Not Connection
SPORT AND GOLF NETTING
ITB 15-12155-PD
February 2, 2015
Customer: Vilest Texas Regional Disposal Facility
Location: 17304 N FM 2528, Abernathy, TX 79311
Net Connection OSHA Resolution
Please find attached information on a recent OSHA violation for which we were citied.
The incident happened on January 25, 2012. Our crew was installing netting on a litter
fence project in Montgomery, PA. One of our employees was working aloft in a man lift
hanging netting. He had on a safety harness with a lanyard attached to an approved
attachment point. The employee needed to move from one end of the man lift basket to
the other. In doing so he unbuckled the lanyard from the attachment point, moved to
the other end of the basket and reattached his lanyard to another attachment point.
During this process he was unattached for less than 10 seconds. An OSHA inspector
{, witnessed the move and wrote us up for a violation.
We paid a fine of $2,100.00 and issued a revision in our safety harness procedures
immediately. We also provide all of our crews with additional lanyards/double
harnesses to assure our crews could safely move about the man lift basket while
remaining attached to a safety point at all times.
Included are the citation, the settlement agreement, our revised safety harness
procedure memo and a copy of our safety rules.
2637 Queenstown Road, Suite A Toll Free 877-818-0871
Birmingham, AL 25210 Fax 205-838-2997
1' l)ep;n•unent 01 l,�tl�t►r
�wimnmral{c}n
Inspection Number: :)15%99767
Inshcctio,, Dates: 01; 25/2012 -01 r25/2012
Issttatue Date: 02/06/2012
citation ail ..Nt�tif'icatictti c f"Penalty
t�c)►nly<tn} A►►►ne: Ai'l� C:UNI.CI'lC)
Inspection Site: t„ Alexander Drive. Mart; c�mcr�'. PA 1?i52
('ilttt tyn 1 itt tit l 1-ype of Vuolatio-t Serious
1)()cly belt was nt)t warn Y+'ith a lanyan'd attached ict the boomor basket when
,n ')=t
11't)I �U12 I!(m) , act.
{, •t 37 Alcxantir: 1)ri�c. Montgonler_v PA: F'Anployccs were installing litter netting approximately 50
,a JL(i fIUC)s acl- 11 lii't without fall protection being attached to tlu aerial lift,
ot, or alloilt 01=
ABATEMENT OBSERVED DUMNG INSPECTION
NO CERTIFICATION REQUIRM
I)a(c By Which Violation Must he Abated: Corrected During Inspection
0-00
Proposed Pettitlty:
Mark L. 5telmac k-
Area Directol
\ •, :€.'. Y..+ttc ,�'� _. ,i t `. i .p t;€"qnr.; t:! {'c: t:, {t\J(n. ti tl,�tta.tl ri);5 U:; Ci?Y{}{U1'C) ;ttiCt en97t()y CC rt`ttt% drd reSf}U)Sjtt�Yl
l OSHA-2 Wev. 9`411 1 i
ti.S. DEPARTMENT OF LABOR
OCCUPATIONAL SAFI.-TY AND HEALTH ADMINISTRATION
In the Matter of: NET CONNECTION LL.C'
OSHA No.(s): 315799767
iNFO�. RMAL SETL ,MEN�f AGREEMFN'T
The undersigned Employer and the undersigned ochuplatµonal Safre issued on 2rHe 2�h Admrebyinistraas tion
( (OSHA),
in
- settlement of the above citation(s) and penal ttc.
I . The Employer agrees to correct the violations as cited in the above citations or as amended below,
penalties. if any, as issued with the above citation(s), or, if
The Employer agrees to pay the proposed
r amended by this agreement. as ameMed below within thirty (30) days of the signing of this
agreement. Said payment will be made with a check payable
elto "OSHA
a . d pSu�410, Writ of ilkes-
Barre. mailed to the OSHA Wilkes-Barre Area Office. No
rth Barre. PA 18702-5241.
3. OSHA agrees that the following citations and penalties arc being amended as shown below:
Citation I . item I — This item remain.- as issued with an assessed penalty of $2,100,00.
y Y
New Total Penalty: $2,100.00 ,
F, Io �er, b si "irig this Informal Settlement Agreem-ent, hereby waives its rights to contest the
4. The MP Y Y �'
above citation(s) and penalties. as amended in paragraph 3 of this agreement.
(_ E 5, The Employer agrees to immediately post a copy of this Settlement Agreement in a prominent place
at or near the location of the violation(s) referred to in paragraph 3 above. This Settlement
Agreement must remain posted until the violations cited have been corrected, or for 3 working days
(excluding weekends and Federal Holidays). whichever is longer.
6. The Employer agrees to continue to comply with the applicable provisions of the
Occupational Safety and Health Act of 1970. and the applicable safety and health standards
promulgated pursuant to the Act.
7. In accordance with 29 C.F. R. 1903.19 (c). v& ithin ten (10) calendar days after the latest abatement
date, respondent shall certify and where appropriate document to the Occupational Safety and Health
Administrations (OSHA) Wilkes-Barre Area Office that each citation has been abated.
l
NE -I• C ONNECTION, L.L.C.
TO;
FROM;
SUBJECT: 1{l V t�+1Pitt lt'I�_1:.1)URFIS
DATE:
CC:
'I'odav durnig an C SI IA ulsloecnon "I otic• )i our }ohsitcs a problem was me ufied with WUM hat
our harness tail\ and procedures, 1 ' ff ecti\ c lnlmc diatcly nor, n a
el
l, _af�__a achmcnr czoinr while wor�iAe
_
at 'cr ulth__<>kecl_tr'<>m t resnrc, tcc a
aloft.
Iizc�ncl: l ,3
During the tnst-iccru,n the ()SH \ officcr idctlrifted that when switching positions ul the
baskets,baskets,4 a lift mir crem.'s were unhc>t>king ft•otil tilt safer\• attachment point dunn:g the
rno ,e. .\ddirionally it wa> identified rliat after the -.,witch was made tile. potential existed
for the po.�otlnel \v()rl.irlg it,. the lift to rv-hetink tc> the basket.
t
tioluti�m:
In order to pie\ ctit tile 1l�>tcntial is>r future ,,cC,dents, effeea\�c unmediately, at least one
at all times while
,afct\• lan\•ard is to > hc• hooked to) an aphrc>\ cd attachment point
working aloft. if work acriv,-m- reyullrc: that \ otl nno\ c beyon the )omit of }our lanyard,
a second lanyard, or double later\ laiward, shall be use so as to ensure that you are
cointill uousl\ attached to -.11 least ()I" -'attachment poitlr at all times. i'hc company will
pre>\•ide additional tankards! ciotlhlc harnct,c, to ensure. compliance with the new rule.
1'rco}rot superinrendcnt; arc hrechy 11jeCtc•d to ensure that all crews have the proper
equipment to co rnph. With tills nc\V 11C>110 RI
U
.Additiconaliv, rho., cornpan\ safer\• rode• ila\`c• bce•tt updated, and all employee,s will be
required tc, sl};rl the revised `+afrr\ 1tulcs to show that they ha\ c read and understand i
It 11
tllcsc• new rcyuircmcnts. LA
Please talc illoilictll ro rcvic\t all \ou .afet\ }-irocedures to.)see if there are other areas r
where we can improve on sat Your life depends on it' Any ideas or suggestxt>ns
should be fc.>r.\,trcl inlnudtarch tc>r rc\•ic•\\•.
•I•Il i
4 t
f1
i
i
Safety Rules
Listed below are the minimum safety requirements that must be abided to while
performing work for Net Connection, LLC. These rules are in place to provide a safe
and secure work environment for Net Connection's employees, subcontractors, and
customers. Failure to abide by these rules will result in disciplinary action up to and
including dismissal.
Tailgate/Site Safety Meeting; The crew leader or foreman will conduct a site
safety meeting each day prior to starting work. The purpose is to discuss the job so
the entire crew understands the scope, the process, and the potential hazards and
how to prevent injury to our employees, our customers, and the public at large. Our
safety rules will be reviewed at each site safety meeting.
Hard Hats Hard hats must be worn when:
• When operating power digging equipment either as the operator or ground
man.
J • When setting poles
• When loading or unloading poles
• When hanging or removing netting, both aloft and on the ground.
• Anytime while working under any equipment or personnel aloft. '44A
• On any construction sites labeled as a HARD HAT ZONE.
Safety Glasses Safety glasses must be worn when: VAQIX
�-' • Operating a drill 0
• Operating a saw, including chain saws and cutoff saws.
• Operating a grinder or sander
• Operating welding equipment
• Operating a jackhammer
• Anytime there is any possibility of a foreign object entering your eyes
Safety Harness A safety harness and lanyard must be worn when:
• Any time while working aloft in any type of aerial lift regardless of height.
• Safety harness, lanyard, D-rings, and snap hooks must be inspected for
defects prior to each use.
• You must always be attached to at least one attachment point when working
aloft which may require double lanyards. Lanyards will be provided.
Seat Belts Seat belts must be worn when:
• Driving a vehicle on company time.
• Riding as a passenger on company time.
Gloves Gloves should be worn when:
J • Using a shovel, tamp, hammer, chain saw, sledge hammer, pulling out cable,
installing performs, using a hoist, tensioning cable, setting poles, etc.
• Anytime a hand could get pinched between two objects.
Hearing Protection Proper hearing protection must be used when required.
.- 2537-A Queenstown Road Birmingham., AL 35210
877-818-0871 www.netconninc.com
L_
l
Cell Phones COPY
i
• The use of personal cell phones is not allowed on the job site.
• All personal cell phones should be left in a vehicle during working hours. The
time to make personal calls is prior to or after work for the day is complete or
during the lunch period, not during work hours.
• It is dangerous to operate equipment while talking on the phone. Your
attention should be on running the equipment safely. It is also unsafe to be on
the phone while you are on the ground with equipment moving around you.
• In the case of an emergency that your family needs to get a hold of you they
can call the office and the office can then call your supervisor to let you know.
This should only be done in the case of an emergency.
• The only cell phones that can be carried on the job site are company supplied
phones or personal phones when an employee is temporarily stepped up to
Foreman status.
• Cell phones can only be used when driving using a hands free device or
method. No texting or emailing allowed while driving.
I have fully read and understand the safety rules listed above and will do my best to
adhere to them and to insist that my co-workers do the same.
Signature g Printed name Date
O IIUMMAYS
Birmingham, AL 21
www.netcorminc.com
City of Lubbock, TX
Purchasing and Contract Management
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: / " (sn/'7 n C'0'46W
-), _-7e-,7 /J1A
FEDERAL TAX ID or
Signature of Company
Printed Name of Company Official Signing Above
Date Signed: rp,6. � .1")/5.
4
1.
2.
3.
4.
5.
6.
7.
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16.
ITB 15-12155-PD, Installation of Litter Fence and Additional Netting Panels at West Texas
Region Disposal Facility (WTRDF) — Phase 6
LIST OF SUB CONTRACTORS
Company Name Location
AID&i
Company
A4 ' nn��eon . Lc
Services Provided
Address t
7_(�;,37 -A
City,
County
M L
, 35 Z/y
State
Zip Code
Telephone:
Z_qC 5
Fax: ?_.05
Z9? 7
Minority Owned
Yes No
Cl
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❑
❑
❑
❑
❑
❑
❑
❑
❑
❑
❑
❑
❑
❑
❑
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❑
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THIS FORM SHALL BE COMPLETED AND RETURNED ALONG WITH YOUR PROPOSAL
IF NO SUB —CONTRACTORS WILL BE USED PLEASE INDICATE SO
PAYMENT BOND
PAGE INTENTIONALLY LEFT BLANK
Bond Number:
E49118366
STATUTORY PAYA1ENT E OND PURSUANT TO SECTION 2253.021(a)
O THE? TEXAS GOVE;RNME NT CODF,
(CONTRACTS 111ORE TITAN S50,000i
KNOW All. N4F?4 BY HIESE PRF,SC NTS, that &I Connections, LIA7 (hervinafter called the Princip}lisi_ _s,
Prineipal(s), and the,CincinnatUnsurance..Cnmpany
(hereivaltut calkd the sales Oj, as Surelti(s), arc held and firmly bound unto the City of Imbbock (hereinatier
called the Ohligee), in the rmount ot'one�llmulrcd Tivretity-l',vco'l'ltousan(f "Chrce hundred and'I'him-Severs
I)nllttrs L! 1t ..a 3-7 1 lawl-ttl money of* the United titans fear the Imyutent "heNoE Me Ad Principal and Stu -et '
bind ihvmwIvt: , and their heirs, ttdtntntstrjtor� C%ecukwn arikeverally, !ir€t?ly by
Mee pmwmti.
!.'I IF REAS, the Pri wyal has entered inu) a certain %krittcn contract with die Ohligm dated the i 9th dy
of April . IWO ITI3 15-12.155-I&I) Installati mi U 11tte€�I ence and Additional Netting Panels at Wes(Texas
Region 136posal Facility tWTRDF) Phase b
and said 11heilml under the law is required bekwe o nlrnencing the tvork provided I'or ins -aid contract to execute
a bond ill the atnfxtnt ol'said contract ,�khidi coloract is hereby rt:terrcd to and made a Dart hereof as ftllly and to
the same extent as Wcopied at length herein.
NOW, TTII_AFTOKE, TIlh. CO DI'l ION OF THIS c)Fll.lt_AI'ION IS SUCH, H, that it file said Principal
shall pay all claimant, supplying labor and material to him or it subcontractor in the prosecution ot` the work
pi-mided A in said contract, then. this oblip;ation shall be No mhowi e eta remain in full Barre and cWt..
I IMVIDFDC II(41'F,VI'K that this btm l in executed pursuant to the provisions of'Section 2253 tt2%) of*
the'I cxas f 0VO-11tncnt Code, and all liabilities on this brand shall be detcrmincd in accordant--e %%ith the provisiott
of sidd lrttcle to the same extent as ti it \verc copied at length herein.
IN \VI 114ESS VVI IE.RI,I)l , the :said Prntetpal is) and Sttrclt (s) h.tte signed and sealed this in%uni mc;nt
this. 9th day of April, 2015.
The Cincinnati Insurance Company
�.arcty
1115\9,� X44
John H. Truitt, Attorney -in -Fact
Net Connection, LLC _ _
#'I -V \,%' n
Nicol Ime)
€Si€"n< t
No Text
The and rsigiled suiet} company represents that it ils dilit quallif ed to tit? biv;i css in f exas, and hereby
an agent resident in I ubbocl, t.tytintN to whom and: requisite noticca may he
dt fivcrvd and can whom service of process may ?3e had in Illattei arisiatr ow of such suretysill,
The Cincinnati Insurance Company
Sm et
f Bv:
f�
i!h:tJohn H. Truitt,
Attorney -in -Fact
Approved as to form.
City of l.ub%eick
Bvi aUA,k 4
CitN ;do1*nev Q -
Note: If signed by an Oft -ice of the Surety c onipany there intist be on file- a certified extract from the bv-lavv-s
showing that this person has authority to sign such obl4nition, if signed by an rlttorneN 'In I -act. we must have
copy of power of attorne-v for our files.
` UATU I C)R I—PENF RTNI ANCE tit}till P RSt ANT TO SFCTION 2253,021(a)
(CONTRACTS MORETHAN AN S 100,000)
KNOW LI 1IF N BY IJIi SF PRt SF\ 15, that Net Crinlive tio s, 1_I..(' hereinafter called the Principal(s), as
Principalts).suid ,:_The. Cincinnati Insurance Company _.
(lictLi€titfter called the Surr )Oj 05 Stn'et)(s:), am hell and lire€dc h; and rinto fire ['its• of iril,hock tiiqej[!a1lrr callgl the
f,)hligy), in the arno n of One HunMvd `hweni"=1 o 11nmattti '1 hrve 11tindred and Thit•ty-Seven Dotlars ($1 ??.
.1:37)_htufnl nioney of the t lnifed States for Me pyrnent w1wreoll die 5a4l Pritcipal and Snretybind thcanseh�es. anti their
licirs, adimnktiatois, executors. success(,,-,-,, and assign randy and n-, \'cull,, li€'€till b3 these jlies ot,.
WIttTREW the Principal has entered into a ourfain Wien corm act %%!Or the (:Wipec, dated the :9th_ day of
April , 2OIS w hTB It1215OPI, InstaUnHou of Litter Fence nud AtttliOmml Netting, Panels <tt West'FAVIN:RS011
i)%sjansali'':trilit�StV`I`I2D1'`iPttascG _ _
and said principal tinder the htw is required before nomine i€ g the murk [mmided for in said contract to excorm a homi
in the antotmt of said contract which contract is 00y referred to and Inadc <a hart hercot as tally and to the'acne r'te--tit
as if copied at len+gib herein.
NOW, I'll F:RF FOR4, 11 R! C`t )NDrrION (* I I IIS 0IWIti=1 I OIN I5 titlt_"11 that if (lie said Principal shall
tatitht`611) po forin the vycirk in accordance with the plant speeifu~atitins and con'trac-t doennten .s. ;hen this obligation shall
be void: otheivv°ise to remain in InIl 1t,rcc and effect.
PROVIDED, I1()Wl-,Vl R, that this bond is c.teentcd I•tir;ki,mt to the prctvi;aious of Neakin 2253 ()21(ja) of the
Iexas Government Code, aatd all liatailities on this lumd shall be determined in accordance with the provisions of said
article to the saute extent as i F h wre copied at length Iwmin,
IN WI FNI1-SS 4k, I iFRF OF, ilie said Principal t,t .nid 1 tm01 (a have = i, iwd and sealccl tl€is i rist rui i ieni ilik 9th
day of .April_ 2015,
The Cincinnati Insurance Company
s�4ret\
tw WJ4�
( ` le) John H. Truitt, Attorney -in -Fact
Net Connection, LLC
i Company tiatne)
Or WA-ttibn
( Printed 'ante)
t tiia*nr, ttrc) _.
lA Cl A G�� n 9_ tAt nA b-e
t l €tit}
11w mWasipled swvty compaq reprcocrus that 4 k duqu&Wul h, do ImAwNs m and hereby
designates all agent rvsident in ubbock to v 'Im� lcquisite nw-tic x, iva--, be delivered and (it.,
whout ,ervie of proce,S may be had in nmtwm m kow ow 4 W qroyhip
The Cincinnati Insurance Company
liy
t, Fjtj� John 11 &HTrLR4tA-0ttorney-in-Fac
Appnnvd as U) forul
City csf 1.11bbock
u4m7a
Cip iklOrney
* ohm: 11'signed by art Office of Ehu Sumq Umpalty, there mum bc on file a ceditkd emmtl frum Me bw1aws Mmamp
that Mis person has awWo in syn such oNjatkm V mgned b% an monwy in Act, Yve inusl have copy of power of
amwwy GW cur AS,
THE CINCINNATI INSURANCE COMPANY
Fairfield, Ohio
POWER OF ATTORINEY
KNOW ALL MEN BY THESE PRESENTS: That THE CINCENINL ATI INSURANCE COMPANY, a corporation organized under the laws of
the State of Ohio, and having its principal office in the City of Fairfield, Ohio, does hereby constitute and appoint
John H. Truitt; Gail W. Truitt; Tony Truitt and/or Parker Smith
of Birmingham'. Alabama its true and lawful Attorneys) -in -Fact to sign, execute. seal
and deliver on its behalf as Surety, and as its act and deed, any and all bonds, policies, undertakings, or other like instruments, as follows:
Any such obligations in the United States, up to
Five Million and No/100 Dollars ($5,000,000.00).
This appointment is made under and by authority of the following resolution passed by the Board of Directors of said Company
at a meeting held in the principal office of the Company, a quorum being present and voting, on the 6th day of December, 1958, which
resolution is still in effect:
"RESOLVED, that the President or any Vice President be hereby authorized, and empowered to appoint Attorneys -in -
Fact of the Company to execute any and all bonds, policies, ►mdertakings, or oilier like instruments on behalf of the
Corporation, and may authorize any officer or any such Attorney -in -Fact to affix the corporate seal; and may with or
without cause modify or revoke any such appointment or authority. Any such writings so executed by such Attomeys-in-
Fact shall be binding upon the Company as if they had been duly executed and acknowledged by the regularly -.lected
officers of the Company."
This Power of Attorney is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the
Board of Directors of the Company at a meeting duly called and held on the 7th day of December, 1973.
"RESOLVED, that the signature of the President or a Vice President and the seal of the Company may he affixed by
facsimile on any power of attorney granted, and the signature of the Secretary or Assistant Secretary and the seal of the
Company may be affixed by facsimile to any certificate of any such power and any such Nwer of certificate bearing
such facsimile signature and seal shall be valid and binding on the Company, Any such power so executed and sealed
and certified by certificate so executed and sealed shall, with respect to any hoed or undertaking to which it is attached,
continue to be valid and bind4ig on the Company."
IN WITNESS WHEREOF, THE CINCWIN I'I INSURANCE COMPANY leas caused these presents to be sealed kith its corporate
sail, duly attested by its Senior Vice President this I st Day of August 2004
THE CINNATI INSURANCE COMPANY
s! SEAL
STATE OF OHIO
Senior Vice President
) ss:
COUNTY OF BUTLER )
On this I st day of August, 2004, before me came the above -named Seniaw Vice President of THE CINCINNATi INSURANCE
COMPANY, to me personally known to be the officer described herein, and acknowledged that the seal affixed to the preceding instrument is
the corporate seat of said Company and the corporate seal and the signature of the officer were duly affixed and subscribed to said instrument
by the authority and direction of said corporation-
r %At a�
MARK J. H I_LER, Attorney at Law
NOTARY PUBLIC - STATE Of OHIO
yxaT �� My commiaaton has no expiration
i„-__ ► date. Section 147.03 O.R.C.
1, the undersigned Secretary or Assistant Secretary of THE CINCINNAn INSURANCE COMPANY, hereby certify that the above
is a true and correct copy of the Original Power of Attorney issued by said Company, and do hereby further certify that the said Power of
Attorney is still in full force and effect.
GIVEN under my hand and seal of said Comnany at Fairfield, Ohio.
this 9th day of April, 2015
�oaRraunr C
K SEAL
Qn�/
Onto
BN-11,105 8,14 )
ecru
1`C S F, Texas Department of Insurance
5 Licensing Division, MC 107-1A
�a l 333 Guadalupe • P. O. Box 149104
�� • i Austin, Texas 78714.9104
612-322-3503 telephone
` www.tdf.texas.gov
JOHN H TRUITT
PO BOX 531010
BIRMINGHAM AL 35253
General Lines - LAH & HMO licensees may sell any
line authorized by Texas Insurance Code (TIC) Ch. 4054,
including variable contracts.
General Lines - P&C licensees may sell any line
authorized by TIC Ch. 4051.
Texas Department of Insurance
JOHN H TRUITT
License No: 639592 NPN: 553428
BE IT KNOWN, the above named, having fulfilled all requirements for licensure under the laws of the
State of Texas, is authorized to engage in the business of insurance in the State of Texas as a
Licensed as General Lines Agent
Qualified for Property and Casualty
Effective Date Expiration Date
02-03-1992 02-03-2016
03-07-2002
r--_---------------------------------------- ------------------- -.,------------------ -----
Signature Texas Department of Insurance Texas Department of Insurance
Required on License No: 639592 NPN: 553428 JOHN H TRUrrr
Wallet
License. License No: 639592 NPN: 553428
JOHN H TRUITT : BE rr KNOWN, the above named, having fulfilled all rcquiremeats for the ticer"m
PO BOX 53 ! O10 ' under the taws of State of Texas, is authorized to engage in the business of insurance in
the State of Texas as it
BIRMINGHAM AL 35253 LkmWn „aufied for rlkctivaDate EiptratlanDate
funeral nines Agent 02ld3-1992 n2-q3-?t31R
Cut along Propeny end Umlty oun.�ox
Exterior
Line and
Fold in the
middle.
Signature of Licensee
CERTIFICATE OF INSURANCE
PAGE INTENTIONALLY LEFT BLANK
r
I
9
a
iw
CONTRACTORCHECKLIST
A CONTRACTOR SHALL:
(1) provide coverage for its employees providing services on a project, for the duration of the project based
on proper reporting of classification codes and payroll amounts and filling of any coverage agreements;
(2) provide a certificate of coverage showing workers' compensation coverage to the governmental entity
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
CERFICATE OF INSURANCE ALONG WITH A COPY OF THE ADDITIONAL INSURED ENDORSEMENT.
THE INSURANCE CERTIFICATES FURNISHED SHALL NAME THE CITY OF LUBBOCK AS A
ADDITIONAL INSURED ON AUTO/GENERAL LIABILITY ON A PRIMARY AND NON CONTRIBUTORY
BASIS TO INCLUDE PRODUCT-COMP/OP 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 WORKER'S COMPENSATION COVERAGE FOR EACH SUBCONTRACTOR.
THE ADDITIONAL INSURED ENDORSEMENT SHALL INCLUDE PRODUCTS AND COMPLETE
OPERATIONS.
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"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
equipment and materials, or providing labor or transportation or other service related to the project, regardless of the
identity of their employer or status as an employee."
"Call the Texas Workers' Compensation Commission at 512-305-7238 to receive information on the legal
requirement for coverage, to verify whether your employer has provided the required coverage, or to
report an employer's failure to provide coverage." and
(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; ri
(C) include in all contracts to provide services on the project the language in subsection (e) (3) of this
rule; ril
(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;
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(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
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(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.
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CONTRACT
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Contract 12155
STATE OF TEXAS
COUNTY OF LUBBOCK
THIS AGREEMENT, made and entered into this 26th day of March, 2015, by and between the City of
Lubbock, County of Lubbock, State of Texas, acting by and through the Mayor, City of Lubbock, thereunto authorized to
do so, hereinafter referred to as OWNER, and Net Connection, LLC of the City of Birmingham, County of Jefferson
and the State of Alabama 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: ITB 15-12155-PD, Installation of Litter Fence and Additional Netting Panels at West
Texas Region Disposal Facility (WTRDF) — Phase 6
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.Net Connection, LLC's bid dated February 3, 2015 is incorporated
into and made a part of this agreement.
The CONTRACTOR hereby agrees to commence work within ten days after the date written notice to do so shall have
been given to him and to substantially complete same within the time specified in the contract documents.
The OWNER agrees to pay the CONTRACTOR in current funds for the performance of the contract in accordance
with the bid submitted therefore, subject to additions and deductions, as provided in the contract documents and to make
payment on account thereof as provided therein.
IN WITNESS WHEREOF, the parties to these presents have executed this agreement in Lubbock, Lubbock County,
Texas in the year and day first above written.
CONTRACTOR:
By:
PRINTED N.
TITLE: Mn v
COMPLETE ADDRESS:
Company V4&-r 0,o,nriQc74; Dyn, L.t..C.
Address ail? Gr1 S'tbW r\
City, State, Zip G., (M na t1a10�31 a L 3501
ATTEST:
Corporate Secretary
CITY O LUBBOCK, TE X!WNER):
By: AJA
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Ji erlt, Mayor Pro Tem
ATTEST: A
Rebell-ca Garza, City Secreta
ED AS TO
illamson, Waste Disposal Manager
S�'d
Scott Snider, Assistant City Manager
APPROVED
Laura raft, Assistant City Attorney
PAGE INTENTIONALLY LEFT BLANK kil
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GENERAL CONDITIONS OF THE AGREEMENT
PAGE INTENTIONALLY LEFT BLANK
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GENERAL CONDITIONS OF THE AGREEMENT
1. OWNER
Whenever the word Owner, or First Patty, are used in this contract, it shall be understood as referring to the City
of Lubbock, Texas.
2. CONTRACTOR
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Whenever the word Contractor, or Second Party, is used, it shall be understood to mean the person, persons, co-
partnership or corporation, to wit Net Connections, LLC who has agreed to perform the work embraced in this
contract, or their legal representative.
3. OWNER'S REPRESENTATIVE
t 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 Catrennia Williamson, Solid Waste Disposal Manager, so
designated who shall inspect constructions; or to such other representatives, supervisors, architects, engineers, or
inspectors as may be authorized by said Owner to act in any particular manner under this agreement. Engineers,
supervisors or inspectors shall act for the Owner under the direction of Owner's Representative, but shall not
directly supervise the Contractor or persons acting on behalf of the Contractor.
4. CONTRACT DOCUMENTS
The contract's documents shall consist of the Notice to Bidders, General Instructions to Bidders, Bid, Signed
Agreement, Statutory Bonds (if required), General Conditions of the Agreement, Special Conditions of the
Agreement (if any), Specifications, Plans, Insurance Certificates, and all other documents made available to
Bidder for inspection in accordance with the Notice to Bidders. The above described materials are sometimes
referred to herein as the "contract" or "contract documents".
5. INTERPRETATION OF PHRASES
Whenever the words "Directed," "Permitted," "Designated," "Required," "Considered Necessary," "Prescribed,"
or words of like import are used, it shall be understood that the direction, requirement, permission, order,
designation or prescription of the Owner's Representative is intended; and similarly, the words "Approved,"
"Acceptable," "Satisfactory," or words of like import shall mean approved by or acceptable or satisfactory to the
Owner's Representative.
6. SUBCONTRACTOR
The term Subcontractor, as employed herein, includes only those having a direct contract with the Contractor for
performance of work on the project contemplated by these contract documents. Owner shall have no
responsibility to any Subcontractor employed by Contractor for performance of work on the project contemplated
by these contract documents, but said Subcontractors shall look exclusively to Contractor for any payments due
Subcontractor. The City reserves the right to approve or disapprove the selection of any subcontractor(s).
7. WRITTEN NOTICE
Written notice shall be deemed to have been duly served if delivered in person to the individual or to a member of
the firm or to an Office of the corporation for whom it is intended, or if delivered at or sent certified mail to the
last business address known to the party who gives the notice.
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13.
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.
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 F
may require minor miscellaneous work and adjustment.
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.
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.
RIGHT OF ENTRY
The Owner's Representative may snake 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.
LINES AND GRADES
All lines and grades shall be furnished whenever Owner's Representative deems said lines and grades are
necessary for the commencement of the work contemplated by these contract documents or the completion of the
work contemplated by these contract documents. Whenever necessary, Contractor shall suspend its work in order
to permit Owner's Representative to comply with this requirement, but such suspension shall be as brief as
practical and Contractor shall be allowed no extra compensation therefore. The Contractor shall give the Owner's
Representative ample notice of the time and place where lines and grades are needed. All stakes, marks, etc.,
shall be carefully preserved by the Contractor, and in case of careless destruction or removal by Contractor, its
Subcontractors, or its employees, such stakes, marks, etc., shall be replaced by the Owner's Representative at
Contractor's expense.
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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 snake 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
a 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 Office, agent, or employee of the Owner, or
Owner's Representative either before or after the execution of this contract, shall affect or modify any of the
terms or obligations herein contained. Subject to the rights of Owner as set forth in Paragraph 23 hereof, all
modifications and/or amendments to the contract documents, shall be in writing, and executed by Owner's
Representative and Contractor.
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Unless otherwise specified herein, all loss, expense or damage to Contractor arising out of the nature of the work
to be done, or from the action of the elements, or from any unforeseen circumstance and the prosecution of the
work, shall be sustained and borne by the Contractor at its own cost and expense.
CHARACTER OF WORKERS
The Contractor agrees to employ only orderly and competent workers, skillful in the 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.
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. Fill
The building of structures for the housing of inen 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.
SANITATION
Necessary sanitary conveniences for the use of laborers on the work site, properly secluded from public
observation, shall be constructed and maintained by the Contractor in such manner and at such points as shall be
approved by the Owner's Representative and their use shall be strictly enforced.
OBSERVATION AND TESTING
The 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
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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
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tests or approvals but does not meet the requirements of the contract documents shall be considered defective, and
-, shall be corrected at the Contractor's expense.
Neither observations by the Owner or Owner's Representative, nor inspections, tests, or approvals made by
Owner, Owner's Representative, or other persons authorized under the contract documents to make such
inspections, tests, or approvals shall relieve the Contractor from its obligation to perform the work in accordance
with the requirements of the contract documents.
22. DEFECTS AND THEIR REMEDIES
It is expressly agreed that if the work or any part thereof, or any material brought on the site of the work for use in
the work or selected for the same, shall be deemed by the Owner or Owner's Representative as unsuitable or not in
zconformity 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
perfortnance of the extra work.
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26.
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.
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.
RIGHT OF OWNER TO MODIFY METHODS AND EQUIPMENT
If at any time the methods or equipment used by the Contractor are found to be inadequate to secure the quality of
work with the rate of progress required under this contract, the Owner or Owner's Representative may order the
Contractor in writing to increase their safety or improve their character and efficiency and the Contractor shall
comply with such order. If, at any time, the working force of the Contractor is inadequate for securing the
progress herein specified, the Contractor shall, if so ordered in writing, increase its force or equipment, or both, to
such an extent as to give reasonable assurance of compliance with the schedule of progress.
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27. PROTECTION AGAINST ACCIDENT TO EMPLOYEES AND THE PUBLIC AND GENERAL INDEMNITY
The Contractor shall take out and procure a policy or policies of Workers' Compensation Insurance with an
insurance company licensed to transact business in the State of Texas, which policy shall comply with the
Workers' Compensation laws of the State of Texas. The Contractor shall at all times exercise reasonable
precaution for the safety of employees and others on or near the work and shall comply with all applicable
provisions of federal, state and municipal laws and building and construction codes. All machinery and
equipment and other physical hazards shall be guarded in accordance with the "Manual of Accident Prevention in
Construction" of Associated General Contractors of America, except where incompatible with federal, state or
municipal laws or regulations. The Contractor, its sureties and insurance carriers shall defend, indemnify and
hold harmless the Owner and all of its Offices, agents and employees against any all losses, costs, damages,
expenses, liabilities, claims and/or causes of action, whether known or unknown, fixed, actual, accrued or
contingent, liquidated or unliquidated, including, but not limited to, attorneys' fees and expenses, in connection
with, incident to, related to, or arising out of, the Contractor's or any subcontractor's, agent's or employee's, in
any manner whatsoever, omission, execution and/or supervision of this contract, and the project which is the
subject matter of this contract.
The safety precautions taken shall be the sole responsibility of the Contractor, in its sole discretion as an
Independent Contractor; inclusion of this paragraph in the Agreement, as well as any notice which may be given
by the Owners or the Owner's Representative concerning omissions under this paragraph as the work progresses,
are intended as reminders to the Contractor of its duty and shall not be construed as any assumption of duty to
supervise safety precautions by either the Contractor or any of its subcontractors.
28. CONTRACTOR'S INSURANCE
The Contractor shall not commence work under this contract until he has obtained all insurance as required in the
General Conditions of the contract documents, from an underwriter authorized to do business in the State of
Texas and satisfactory to the City. Proof of coverage shall be furnished to the City and written notice of
cancellation or any material change shall be provided ten (10) calendar days in advance of cancellation or change.
All policies of insurance, required herein, including policies of insurance required to be provided by Contractor
and its subcontractors, shall contain a waiver of any and all of the insurer's or payor's, in the event of self-
insurance, rights to subrogation that any such insurer or payor, in the event of self-insurance, may acquire by
virtue of payment of any loss under such insurance or self-insurance. All certificates of insurance submitted to
the City in conformity with the provisions hereof shall establish such waiver.
The Contractor shall procure and carry at its sole cost and expense through the life of this contract, insurance
protection as hereinafter specified. Coverage in excess of that specified herein also shall be acceptable. Such
insurance shall be carried with an insurance company authorized to transact business in the State of Texas and
shall cover all operations in connection with this contract, whether performed by the Contractor or a
subcontractor, or separate policies shall be provided covering the operation of each subcontractor. A certificate of
insurance specifying each and all 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 ADDITIONAL INSURED ON AUTO/GENERAL LIABILITY ON A PRIMARY AND
NON-CONTRIBUTORY BASIS TO INCLUDE PRODUCTS OF COMPLETE OPERATIONS. PROVIDE A
WAIVER OF SUBROGATION IN FAVOR OF THE CITY OF LUBBOCK, OR IN THE ALTERNATIVE,
SHALL BE ACCOMPANIED BY A STATEMENT FROM THE CONTRACTOR TO THE EFFECT THAT NO
WORK ON THIS 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. COPIES OF THE ENDORSEMENTS ARE REQUIRED.
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Commercial General Liability Insurance (Primary Additional Insured and Waiver of Subrogation
required)
The contractor shall have Comprehensive General Liability Insurance with limits of $500,000 Combined
Single Limit in the aggregate and per occurrence to include:
Products & Completed Operations Hazard
Contractual Liability
Personal Injury & Advertising Injury
Owner's and Contractor's Protective Liability Insurance.
For bodily injuries, including accidental death and or property damage, - NOT REQUIRED.
Comprehensive Automobile Liability Insurance (Waiver of Subrogation Required)
The Contractor shall have Comprehensive Automobile Liability Insurance with limits of not less than;
Bodily Injury/Property Damage, $500,000 Combined Single Limit, to include all owned and
non -owned cars including: Employers Non -ownership Liability Hired and Non -owned Vehicles.
Builder's Risk Insurance/Installation Floater Insurance - NOT REQUIRED.
Umbrella Liability Insurance - NOT REQUIRED.
Worker's Compensation and Employers Liability Insurance (Waiver of Subrogation required)
Worker's Compensation Insurance covering all employees whether employed by the Contractor or any
Subcontractor on the job with Employers Liability of at least $500,000.
Definitions:
Certificate of coverage ("certificate") - A copy of a certificate of insurance, a certificate of
authority to self -insure issued by the commission, or a coverage agreement (TWCC-81, TWCC-
82, TWCC-83, or TWCC-84), showing statutory workers' compensation insurance coverage for
the person's or entity's employees providing services on a project, for the duration of the project.
Duration of the project - includes the time from the beginning of the work on the project until the
Contractor's/person's work on the project has been completed and accepted by the governmental
entity.
Persons providing services on the project ("subcontractor" in Section 406.096, Texas Labor
Code) - includes all persons or entities performing all or part of the services the Contractor has
undertaken to perform on the project, regardless of whether that person contracted directly with
the Contractor and regardless of whether that person has employees. This includes, without
limitation, independent contractors, subcontractors, leasing companies, motor carriers, owner -
operators, employees of any such entity, or employees of any entity which furnishes persons to
provide services on the project. "Services" include, without limitation, providing, hauling, or
delivering equipment or materials, or providing labor, transportation, or other service related to a
project. "Services" does not include activities unrelated to the project, such as foodibeverage
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.
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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.
S. 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;
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(e) retain all required certificates of coverage on file for the duration of the project and for
one year thereafter;
(f) notify the governmental entity in writing by certified mail or personal delivery, within 10 -'
days after the person knew or should have known, of any change that materially affects
the provision of coverage of any person providing services on the project; and
(g) contractually require each person with whom it contracts to perform as required by
paragraphs (a) - (g), with the certificates of coverage to be provided to the person for
whom they are providing services. F-11
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 1
carrier or, in the case of a self -insured, with the conimission's Division of Self -Insurance
Regulation. Providing false or misleading information may subject the Contractor to
administrative penalties, criminal penalties, civil penalties, or other civil actions.
11. The Contractor's failure to comply with any of these provisions is a breach of contract by the
Contractor which entitles the governmental entity to declare the contract void if the Contractor
does not remedy the breach within ten days after receipt of notice of breach from the
governmental entity.
G. Proof of Coverage
Before work on this contract is commenced, each Contractor and subcontractor shall submit to the Owner
for approval five Certificates of Insurance covering each insurance policy carried and offered as evidence
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of compliance with the above insurance requirements, signed by an authorized representative of the
insurance company setting forth:
H
(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;
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(b) provide a certificate of coverage showing workers compensation coverage to the
rl,, 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
w 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 (wwvv.tdi.state.tx.us) to receive information of the legal requirements for
. > coverage, to verify whether your employer has provided the required coverage, or to
report an employer's failure to provide coverage; " and
(h) contractually require each person with whom it contracts to provide services on a project,
to:
(i) provide coverage based on proper reporting of classification codes and payroll
amounts and filing of any coverage agreements for all of its employees providing
services on the project, for the duration of the project;
(ii) provide a certificate of coverage to the Contractor prior to that person beginning
.0 work on the project;
(iii) include in all contracts to provide services on the project the following language:
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"By signing this contract or providing or causing to be
provided a certificate of coverage, the person signing this F-
employees contract is representing to the governmental entity that all 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, rl
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 Fiji'
Contractor:
(1) a certificate of coverage, prior to the other person beginning work on the
project; and H
(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 teens, conditions, and privileges of employment.
PROTECTION AGAINST CLAIMS OF SUBCONTRACTORS LABORERS MATERIALMEN AND
FURNISHERS OF MACHINERY, EQUIPMENT AND SUPPLIES
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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 Offices, 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 perforinance of this contract
and the project which is the subject matter of this contract. When Owner so desires, the Contractor shall furnish
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satisfactory evidence that all obligations of the nature hereinabove designated have been paid, discharged or
t , 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
--r 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
e save the Owner, and all of its Offices, agents and employees harmless from any loss on account thereof, except
that Owner shall defend all such suits and claims and shall be responsible for all such loss when a particular
design, device, material or process or the product of a particular manufacturer or manufacturers is specified or
required in these contract documents by Owner; provided, however, if choice of alternate design, device, material
or process is allowed to the Contractor, then Contractor shall indemnify and save Owner, and all of its Offices,
agents and employees harmless from any loss on account thereof. Notwithstanding anything herein to the
contrary, if the material or process specified or required by Owner and/or this contract is an infringement, the
Contractor shall be responsible for such loss unless it gives written notice of such infringement to the Owner's
Representative prior to bidding.
(- 32. LAWS AND ORDINANCES
' The Contractor shall at all times observe and comply with all federal, state and local laws, ordinances and
.. regulations, which in any manner affect the contract or the work, and without limiting, in any way, manner or
form, the indemnity provided by Contractor in paragraph 27 hereof, Contractor shall indemnify and save harmless
the Owner, and all of its Offices, agents, and employees against any claims arising from the violation of any such
H 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
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may withhold permanently from Contractor's total compensation, the sum of $ 25 (TWENTY FIVE DOLLARS)
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.
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TIME AND ORDER OF COMPLETION
It is the meaning and intent of this contract, unless otherwise herein specifically provided, that the Contractor
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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
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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.
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
IJ
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.
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
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which event, such expense as in the sole judgment of the Owners 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 ADJOIl41NG PROPERTY
The Contractor shall take proper means to protect the adjacent or adjoining property or properties in any way
encountered, which may be injured or seriously affected by any process of construction to be undertaken under
this agreement, from any damage or injury by reason of said process of construction; and Contractor shall be
liable for any and all claims for such damage on account of his failure to fully protect all adjacent property.
Without limiting, in any way, manner and form, the indemnity provided by Contractor in paragraph 27 hereof, the
Contractor agrees to indemnify, save and hold harmless the Owner, and any of its Offices, agents and employees,
against any and all claims or damages due to any injury to any adjacent or adjoining property, related to, arising
from or growing out of the performance of this contract.
' 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
_t 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
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44.
45
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.
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.
FINAL COMPLETION AND PAYMENT
The Contractor shall give written notice to Owner's Representative of final completion. Upon written notice of
final completion, the Owner's Representative shall proceed to make final measurement to determine whether final
completion has occurred. If the Owner's Representative determines final completion has occurred, Owner's
Representative shall so certify to the Owner. Upon certification by Owner's Representative of final completion,
Owner shall pay to the Contractor on or before the 31st working day after the date of certification of final
completion, the balance due Contractor under the terms of this agreement. Neither the certification of final
completion nor the final payment, nor any provisions in the contract documents shall relieve the Contractor of the
obligation for fulfillment of any warranty which may be required in the contract documents and/or any warranty
or warranties implied by law or otherwise.
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.
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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
49
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.
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
F50. 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 $50,000. 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
rIn 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.
x 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 titres 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.
58. NON -ARBITRATION
The City reserves the right to exercise any right or remedy available to it by law, contract, equity, or otherwise,
including without limitation, the right to seek any and all forms of relief in a court of competent jurisdiction.
Further, the City shall not be subject to any arbitration process prior to exercising its unrestricted right to seek
judicial remedy. The remedies set forth herein are cumulative and not exclusive, and may be exercised
concurrently. To the extent of any conflict between this provision and another provision in, or related to, this
document, this provision shall control.
59. HOUSE BILL 2015
House Bill 2015, signed by the Governor on June 14, 2013 and effective on January 1, 2014, authorizes a penalty
to be imposed on a person who contracts for certain services with a governmental entity and who fails to properly
classify their workers. This applies to subcontractors as well.. Contractors and subcontractors who fail to properly
classify individuals performing work under a governmental contract will be penalized $200 for each individual
that has been misclassified (Texas Government Code Section 2155.001).
20
EXHIBIT A
DAVIS BACON REQUIREMENTS
PAGE INTENTIONALLY LEFT BLANK
General Decision Number: TX150334 01/02/2015 TX334
Superseded General Decision Number: TX20140334
_e
State: Texas
Construction Type: Building
1 Counties: Crosby and Lubbock Counties in Texas.
BUILDING CONSTRUCTION PROJECTS (does not include single family
homes or apartments up to and including 4 stories).
Note: Executive Order (EO) 13658 establishes an hourly minimum
wage of $10.10 for 2015 that applies to all contracts subject
to the Davis -Bacon Act for which the solicitation is issued on
or after January 1, 2015. If this contract is covered by the
EO, the contractor must pay all workers in any classification
listed on this wage determination at least $10.10 (or the
applicable wage rate listed on this wage detennination, if it
is higher) for all hours spent performing on the contract. The
EO minimum wage rate will be adjusted annually. Additional
information on contractor requirements and worker protections
under the EO is available at www.dol.gov/whd/govcontracts.
Modification Number Publication Date
0 01/02/2015
BOIL0074-003 01/01/2014
Rates Fringes
BOILERMAKER ...................... $ 23.14 21.55
CARP 0665-001 05/01 /2014
Rates Fringes
CARPENTER ........................ $ 20.81 6.76
ELEC0602-008 09/01 /2014
Rates Fringes
x ELECTRICIAN ...................... $ 20.84 3%+8.15
LENGI0178-005 06/01/2014
Rates Fringes
POWER EQUIPMENT OPERATOR
(1) Tower Crane ............. $ 29.00 10.60
(2) Cranes with Pile
Driving or Caisson
Attachment and Hydraulic
Crane 60 tons and above ..... $ 28.75 10.60
(3) Hydraulic cranes 59
Tons and under .............. $ 27.50 10.60
----------------------------------------------------------
IRON0084-011 06/ 15/2014
Rates Fringes
IRONWORKER, ORNAMENTAL ........... $ 22.02
------------------------------------------------------------
IRON0263 -003 12/01 /2013
Rates Fringes
IRONWORKER, STRUCTURAL ........... $ 22.70
-----------------------------------------------------------
PLUM0404-026 07/01/2013
Rates Fringes
PIPEFITTER ....................... $ 22.80 7.16
PLUMBER .......................... $ 22.80 7.16
----------------------------------------------------------
S H E E0049-001 06/01 /2014
Rates Fringes
SHEET METAL WORKER (HVAC Duct
Installation Only) ............... $ 22.49 11.14
----------------------------------------------------------
SUTX2014-060 07/21/2014
Rates Fringes
BRICKLAYER ....................... $ 20.04 0.00
CEMENT MASON/CONCRETE FINISHER ... $ 19.60
INSULATOR - MECHANICAL
(Duct, Pipe & Mechanical
6.35
5.35
i 11
System Insulation) ............... $ 19.77 7.13
IRONWORKER, REINFORCING .......... $ 12.27 0.00
' LABORER: Common or General ...... $ 12.35 0.00
LABORER: Mason Tender - Brick...$ 11.36 0.00
LABORER: Mason Tender -
Cement/Concrete..................$ 10.58 0.00
LABORER: Pipelayer.............. $ 12.49 2.13
LABORER: Roof Tearoff........... $ 11.28 0.00
OPERATOR:
Backhoe/Excavator/Trackhoe....... $ 14.25 0.00
OPERATOR: Bobcat/Skid
Steer/Skid Loader ................$ 13.93 0.00
OPERATOR: Bulldozer ............. $ 18.29 1.31
OPERATOR: Drill ................. $ 16.22 0.34
OPERATOR: Forklift ..............$ 14.83 0.00
OPERATOR: Grader/Blade .......... $ 13.37 0.00
g ' OPERATOR: Loader ................$ 13.55 0.94
OPERATOR: Mechanic ..............$ 17.52 3.33
OPERATOR: Paver (Asphalt,
Aggregate, and Concrete) ......... $ 16.03 0.00
t
PAINTER (Brush, Roller, and
Spray) ........................... $ 14.27 0.00
ROOFER ...........................$ 13.75 0.00
SHEET METAL WORKER, Excludes
HVAC Duct Installation ........... $ 21.13 6.53
TILE FINISHER .................... $ 11.22 0.00
TILE SETTER ...................... $ 14.00 2.01
TRUCK DRIVER: Dump Truck ........ $ 12.39 1.18
TRUCK DRIVER: Flatbed Truck ..... $ 19.65 8.57
TRUCK DRIVER: Semi -Trailer
Truck ............................ $ 12.50 0.00
TRUCK DRIVER: Water Truck ....... $ 12.00 4.11
WELDERS - Receive rate prescribed for craft performing
operation to which welding is incidental.
Unlisted classifications needed for work not included within
the scope of the classifications listed may be added after
award only as provided in the labor standards contract clauses
(29CFR 5.5 (a) (1) (ii)).
The body of each wage determination lists the classification
and wage rates that have been found to be prevailing for the
cited type(s) of construction in the area covered by the wage
determination. The classifications are listed in alphabetical
order of "identifiers" that indicate whether the particular
rate is a union rate (current union negotiated rate for local),
a survey rate (weighted average rate) or a union average rate
(weighted union average rate).
Union Rate Identifiers
A four letter classification abbreviation identifier enclosed
in dotted lines beginning with characters other than "SU" or
"UAVG" denotes that the union classification and rate were
prevailing for that classification in the survey. Example:
PLUM0198-005 07/01/2014. PLUM is an abbreviation identifier of
the union which prevailed in the survey for this
classification, which in this example would be Plumbers. 0198
indicates the local union number or district council number
where applicable, i.e., Plumbers Local 0198. The next number,
005 in the example, is an internal number used in processing
the wage determination. 07/01/2014 is the effective date of the
most current negotiated rate, which in this example is July 1,2014.
Union prevailing wage rates are updated to reflect all rate
changes in the collective bargaining agreement (CBA) governing
this classification and rate.
Survey Rate Identifiers
Classifications listed under the "SU" identifier indicate that
no one rate prevailed for this classification in the survey and
the published rate is derived by computing a weighted average
rate based on all the rates reported in the survey for that
classification. As this weighted average rate includes all
rates reported in the survey, it may include both union and
non -union rates. Example: SULA2012-007 5/13/2014. SU indicates
the rates are survey rates based on a weighted average
calculation of rates and are not majority rates. LA indicates
the State of Louisiana. 2012 is the year of survey on which
these classifications and rates are based. The next number, 007
in the example, is an internal number used in producing the
wage determination. 5/13/2014 indicates the survey completion
date for the classifications and rates under that identifier.
Survey wage rates are not updated and remain in effect until a
new survey is conducted.
I" Union Average Rate Identifiers
Classification(s) listed under the UAVG identifier indicate
r that no single majority rate prevailed for those
classifications; however, 100% of the data reported for the
classifications was union data. EXAMPLE: UAVG-OH-0010
08/29/2014. UAVG indicates that the rate is a weighted union
average rate. OH indicates the state. The next number, 0010 in
the example, is an internal number used in producing the wage
determination. 08/29/2014 indicates the survey completion date
for the classifications and rates under that identifier.
A UAVG rate will be updated once a year, usually in January of
each year, to reflect a weighted average of the current
a negotiated/CBA rate of the union locals from which the rate is
( based.
----------------------------------------------------------------
i
WAGE DETERMINATION APPEALS PROCESS
1.) Has there been an initial decision in the matter? This can
be:
P!,
• 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 (forinerly 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.
I
I
PAGE INTENTIONALLY LEFT BLANK 01
I
I
SPECIFICATIONS
PAGE INTENTIONALLY LEFT BLANK
City of Lubbock, TX
Specifications for Litter Fence and Installation
For Items 1 and 2 on Bid Form
Project Scope:
Provide all labor, equipment, and materials to construct a new litter barrier netting system at the West Texas
Region Disposal Facility (WTRDF) at Abernathy, TX. The litter fence will be a total of 1,000 LF by 30' high
attached to steel poles. The new netting system must match the existing netting system exactly in order to
maintain the integrity of the original design scheme. Any alternates to the materials, design, or scope listed
herein must be preapproved by the owner at least seven calendar days prior to bid submittal date. Scope shall
include a two-year installation warranty. The fence will be constructed as one section and will attach to the
existing fencing.
Poles:
WTRDF: Round steel poles must be constructed from new, unused pipe. Poles spacing will be 50' O/C. One
extra pole will be set to replace a wooden pole in a separate section of fence. Poles and foundations must be
designed for 90 MPH winds, exposure C as per ASCE 7-05. The netting will be considered 25% solid for
engineering calculations. Poles will have an outrigger at the top on a 45' angle towards the cell site. The
outrigger will be 5' 3" long on the center line. (See attached drawing for pole and foundation specs.) Pole
finish must be one coat of Zinc Chromate Iron Oxide Primer as provided by Stabler Paints and two coats of
STACO #1841 black enamel weather resistant finish, or city approved equivalent coating. Color will be black.
Netting:
The netting will be considered 25% solid for engineering calculations. Netting will be Redden #970 polyester
netting with average 173.9 lb. mesh breaking strength, 2 1/2" stretched mesh; 1" single bar measure, four
needle raschel knotless construction, manufactured with UV treated yarn and additionally coated with a black
resin dye and bonding treatment. Mesh break strength determined per ISO 1806.
All sections of the netting component to be considered to a 3/8" braided black perimeter rope, minimum 3,500
lb. breaking strength. Additionally, net panels shall have internally constructed vertical and horizontal ropes
of the same material. All rope locations on the net panels shall correspond to the as built net panel suspension
and support cables constructed to pole structures. All net panels shall be custom fabricated to as built
measurements of the pole/cable structure to provide a taut panel upon completion.
Attachment of net and rope components shall be made with 948 braided polyester twine, minimum 375 1b.
tensile strength, treated black. The attachment twine shall continually encompass the netting component and
be tied to the rope component via a clove and one half hitch knot +/- 6 inches on center, never to exceed 8
inches on center.
Netting system shall be accompanied by a written six -year manufacturer's warranty, not pro -rated. Netting
.e :) system is available from Redden Marine Supply, Inc. Vendor shall provide City of Lubbock with a copy of
netting invoice to assure specified netting is being supplied for this project.
Netting Component:
Redden Nets # 970 polyester netting; 1" mesh size
Long stitch knotless join
—UV treated yarn with a resin dye and bonding treatment
—173.9 lb Average single mesh break strength.
Attachment Twine / Hanging Twine:
—#48 Braided polyester twine
—375 lb. tensile strength
—Dye treated black
Perimeter Border & Ribline / Verticals:
Braided synthetic cover
Parallel synthetic core
—3,500 lb. tensile strength
All bidders must submit a sample of the netting they intend to use along with independent lab results
using methodology ISO 1806 showing a minimum average mesh breaking strength of 173.9 lbs. for the
sample submitted.
Netting is to consist of a total of twenty panels, 50' wide x 30' tall. All attachment snaps will be 5/16"
cadmium steel. Nickel or zinc coated snaps are unacceptable.
Cable and Hardware:
All vertical, horizontal, and guy cable must be 5/16" extra high strength seven strand galvanized steel with a
capacity of 11,200 lbs. All horizontal cables must pass through a three bolt clamp at each pole unless it is
being terminated at that pole. The three bolt clamps will be tightened down after the horizontal cables are
tensioned and before the netting is hung. All cable terminations will be with 5/16" preformed cable grips.
Thimble eye nuts are required for all horizontal terminations. Guy hooks must be used for down guy
terminations. Wrapping of cable around poles is unacceptable. All bolts will be 5/8" hot dipped galvanized
steel with a minimum tensile strength of 13,550 lbs.
All hardware; supporting bolts, washers, clamps, and other hardware must be considered "Pole Line
Hardware" and conform to the specifications of one or more of the following: ANSI, ASTM, IEEE, NEMA.
Labor:
All labor, equipment, and shipping charges must be included.
Clarifications:
• Owner will be responsible for identifying and marking all underground utilities, drains,
irrigation, etc.
• Contractor must spread all soil spoils evenly around each pole location.
• Any digging issues as a result of rock drilling, boring, blasting, casings, or soil stabilization,
must be identified and the owner must be notified by the contractor of any additional expense
prior the proceeding with work.
• Contractor shall use extreme caution to prevent damage to the owner's property including turf,
sidewalks, parking lots, roads, etc.
• Any variances from specified products or design must receive approval seven days prior to bid
submittal.
• Include with the bid a list of five installations you have completed similar in size and scope to
this project. Provide a brief explanation of each. All five must be steel pole installations.
Two of the five must be at least five years old. Include contact information.
• Project must be completed within 30 days of notice to proceed.
Submittals:
The apparent low bidder will be required to submit the following within ten days of notification:
• A 5/16" cadmium steel attachment snap.
• Proof that all hardware being used is considered "Pole Line Hardware" and will conform to the
specification of one of the following organizations: ANSI, ASTM, IEEE, NEMA.
• A sample of the 5/16" cable with specification sheet.
• A 5/8" x 14" hot dipped galvanized steel bolt.
• A 5/8" hot dipped galvanized thimble eye nut that must be used for all horizontal terminations.
• A specification sheet on the 5/16" preformed cable grips.
• A bill of sale indicating that the pipe used in the fabrication of the poles is new and unused.
• Independent lab results indicating the material properties of the steel pipe used in pole
fabrication. Results shall include pipe wall thickness and tensile strength.
• Technical Data Sheets on the primer and final coats for the pole finish.
• Pole and foundation calculations indicating that both meet the demand required for 90 MPH
wind speed, Exposure C with the netting considered 25% solid. Soil should be considered to
have a 200 lb. lateral bearing pressure.
• Shop drawings showing an overhead view of pole layout, elevation drawings showing overall
height and placement of horizontal cables and guy wires. Drawings must also show pole
embedment depth and bore diameter and description of required backfill material.
• A list of any subcontractors that will be used for the project.
• A copy of the contractors written two year installation warranty.
A copy of the written six -year manufacturer's netting warranty.
• A copy of netting invoice to assure specified netting is being supplied for this project.
_ Failure to submit all of the above information within ten days of the request for them, will result in
forfeiture of contract.
Additive Alternates:
Additive Alternate 1
_3 Pricing for an additional (plus or minus) 250 LF of fencing to match the above specifications.
City of Lubbock, TX
Specifications for Litter Fence Netting and Hardware
For Items 3 through 4 on Bid Form
Nettin :
The netting will be considered 25% solid. Netting will be Redden #970 polyester netting with average 173.9
lb. mesh breaking strength, 2 1/2" stretched mesh; 1" single bar measure, four needle raschel knotless
construction, manufactured with UV treated yarn and additionally coated with a black resin dye and bonding
treatment. Mesh break strength determined per ISO 1806.
All sections of the netting component to be attached to a 3/8" braided black perimeter rope, minimum 3,500
lb. breaking strength. Additionally, net panels shall have internally constructed vertical and horizontal ropes
of the same material. Vertical ropes shall be placed on the perimeter of the panels and horizontal ropes will
be placed midway (-12.5 feet from the horizontal edge) in the panels.
Attachment of net and rope components shall be made with #48 braided polyester twine, minimum 375 lb. }
tensile strength, treated black. The attachment twine shall continually encompass the netting component and
be tied to the rope component via a clove and one half hitch knot +/- 6 inches on center, never to exceed 8
inches on center.
Netting system shall be accompanied by a six -year manufacturer's warranty, not pro -rated. Netting system is
available from Redden Marine Supply, Inc.
Netting Component:
• —Redden Nets # 970 polyester netting; 1" mesh size
• Long stitch knotless join
• --UV treated yarn with a resin dye and bonding treatment
• —173.9 lb Average single mesh break strength.
Attachment Twine / Hanging Twine:
• —#48 Braided polyester twine
• —375 lb. Tensile strength
• --Dye treated black
Perimeter Border & Midline / Verticals:
• Braided synthetic cover
• --Parallel synthetic core
• —3,500 lb. Tensile strength
Requested Panel Quantities and Dimensions:
Plus or minus fifteen (15) panels 50 feet wide x 30 feet tall
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Snaps:
All attachment snaps will be 5/16" cadmium steel and considered "Pole Line Hardware" conforming to the
specifications of one of the following organizations: ANSI, ASTM, IEEE, NEMA. Nickel or zinc coated
snaps are unacceptable.
m Requested Snap Quantity:
2,000
Shippinu:
t All shipping must be included in pricing.
Submittals:
The apparent low bidder will be required to submit the following within ten days of notification:
• A 5/16" cadmium steel attachment snap.
• A copy of netting invoice to assure specified netting is being supplied for this project.
• A copy of the six -year manufacturer's netting warranty.
Failure to submit all of the above information will result in forfeiture of contract.
Additive Alternates:
Additive Alternate 3
Pricing for additional 50 feet wide x 25 feet tall panels of netting to match the above specifications.
Additive Alternate 4
Pricing for additional snaps to match the above specifications.
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