HomeMy WebLinkAboutResolution - 2005-R0259 - Contract - L. Howard Construction Inc. - Rehabilitate Sewer Lift - 06_23_2005 (2)Resolution No. 2005-RO259
June 23, 2005
Item 30
RESOLUTION
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Mayor of the City of Lubbock BE and is hereby authorized and
directed to execute for and on behalf of the City of Lubbock, a Contract for a rehabilitate
sewer lift, Station #31, by and between the City of Lubbock and L. Howard Construction,
Inc. of Abernathy, Texas, and related documents. Said Contract is attached hereto and
incorporated in this resolution as if fully set forth herein and shall be included in the
minutes of the City Council.
Passed by the City Council this 23rd day of June , 2005.
ATTEST:
Re ecca Garza, City Secretary
APPROVED AS TO CONTENT:
f
' L. Wood Franklin, Interim Chief Engineer
APPROVED AS TO FORM:
M. Knight, A§sWfant J91ty Attorney
gs/ccdocs/res-Contract-Rehabilitate Sewer Sta 31
June 10, 2005
CITY OF LUBBOCK
SPECIFICATIONS FOR
REHABILITATE SEWER LIFT STATION #31
ITB #05-045-BM
Plans & Specifications may be obtained, at the bidder's expense, from
THE REPRODUCTION COMPANY
hqp://i)r.thereproductioncoMpgLny.com/
Phone: (806) 763-7770
"A City Of Planned Progress"
CITY OF LUBBOCK
Lubbock, Texas
CITY OF LUBBOCK
INVITATION TO BID
FOR
TITLE: REHABILITATE SEWER LIFT STATION #31
ADDRESS: LUBBOCK; TEXAS
ITB NUMBER: 05-045-BM
PROJECT NUMBER: 90346.8304.2000
CONTRACT PREPARED BY: PURCHASING DEPARTMENT
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INDEX
NOTICE TO BIDDERS
GENERAL INSTRUCTIONS TO BIDDERS
BID SUBMITTAL - BID FOR LUMP SUM CONTRACTS
PAYMENT BOND
PERFORMANCE BOND
CERTIFICATE OF INSURANCE
CONTRACT
GENERAL CONDITIONS OF THE AGREEMENT
CURRENT WAGE DETERMINATIONS
SPECIFICATIONS
No Text
NOTICE TO BIDDERS
ITB #05-045-BM
Sealed bids addressed to Victor Kilman, Purchasing Manager, City of Lubbock, Texas, will be received in the
office of the Purchasing Manager, Municipal Building, 1625 13th Street, Room 204, Lubbock, Texas, 79401, until 2:00
,o'clock p.m. on the 11th day of May, 2005, or as changed by the issuance of formal addenda to all planholders, to
furnish all labor and materials and perform all work for the construction of the following described project:
"REHABILITATE SEWER LIFT STATION #31"
After the expiration of the time and date above first written, said sealed bids will be opened in the office of the
Purchasing Manager and publicly read aloud. It is the sole responsibility of the bidder to ensure that his bid is actually in
the office of the Purchasing Manager for the City of Lubbock, before the expiration of the date above first written.
Bids are due at 2:00 o'clock p.m. on the 11th day of May, 2005, and the City of Lubbock City Council will
consider the bids on the 26th day of May, 2005, at the Municipal Building, 1625 13th Street, Lubbock, Texas, or as soon
thereafter as may be reasonably convenient, subject to the right to reject any or all bids and waive any formalities. The
successful bidder will be required to furnish a performance bond in accordance with Chapter 2253, Government Code, in
the amount of 100% of the total contract price in the event that said contract price exceeds $100,000 and the successful
bidder will be required to furnish a payment bond in accordance with Chapter 2253, Government Code, in the amount of
100% of the total contract price in the event that said contract price exceeds $25,000. Said statutory bonds should be
issued by a company carrying a current Best Rating of B or superior.
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 fifteen (15) 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 bidders sole responsibility to inspect the site of the work and to inform himself regarding all local
conditions under which the work is to be done. It shall be understood and agreed that all such factors have been
thoroughly investigated and considered in the preparation of the bid submitted. There will be a non -mandatory pre -bid
conference on 26th day of April, 2005 at 9:00 o'clock a.m., in CONFERENCE ROOM 204, Lubbock, Texas.
Bidders may view the plans and specifications without charge at The Reproduction Company, 2102 Avenue Q,
Lubbock, Texas 79405. PLANS AND SPECIFICATIONS MAY BE OBTAINED, AT THE BIDDER'S EXPENSE,
FROM THE REPRODUCTION COMPANY, http://pr.therel2roductionco=any.com/, Phone: (806) 763-7770.
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 Manager of the City of Lubbock, which
document is specifically referred to in this notice to bidders. Each bidder's attention is further directed to provision of
Article 5159a Veinon's Ann. Civil St., and the requirements contained therein concerningthe above wage scale and
payment by the contractor of the prevailing rates of wages as heretofore established by ownerinsaid wage scale.
The City of Lubbock hereby notifies all bidders that in regard to any contract entered into pursuant to this
advertisement, minority and women business enterprises will be afforded equal opportunities to submit bids in response to
this invitation and will not be discriminated against on the grounds of race, color, sex, 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 would like bid information made available in
s a more accessible format or if you require assistance, please contact the City of Lubbock ADA Coordinator at (806) 775-
2018 at least 48 hours in advance of the meeting.
THE (77
R CITY OF LUBBOCK
REPRODUUMON
West Texas Reprographics Headquarters
2102 Ave. Q
Lubbock, TX 79411 VICTOR KILMAN
(806) 763.7770 PURCHASING MANAGER
(888) 889.5978
http://pr.thereproducti6ncompany.com
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GENERAL INSTRUCTIONS TO BIDDERS
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IN TR BIDDERS GENERAL S UCTIONS TO BID E S
1 BID DELIVERY TIME & DATE
1.1 The City of Lubbock is seeking written and sealed competitive bids to fiunish REHABILITATE
SEWER LIFT STATION #31 per the attached specifications and contract documents. Sealed bids will
be received no later than 2:00 p.m. CST, the 11th day of May, 2005 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 comer: "ITB #05-045-BM, REHABILITATE SEWER LIFT STATION #31" and the bid
opening date and time. Bidders must also include their company name and address on the outside of the
envelope or container. Bids must be addressed to:
Victor Kilman, Purchasing Manager
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 Department. Mailing of a
bid does not ensure that the bid will be delivered on time or delivered at all. If bidder does not hand
deliver bid, we suggest that he/she use some sort of delivery service that provides a receipt.
1.3 Bids will be accepted in person, by United States Mail, by United Parcel Service, or by private courier
service. No bids will be accepted by oral communication, telephone, electronic mail, telegraphic
transmission, or telefacsimile transmission. THE CITY WILL NOT ACCEPT FAX BIDS.
1.4 The City of Lubbock reserves the right to postpone the date and time for opening bids through an
addendum.
2 PRE -BID MEETING
2.1 For the purpose of familiarizing bidders with the requirements, answering questions, and issuing addenda
as needed for the clarification of the Invitation to Bid (ITB) documents, a non -mandatory pre -bid meeting
will be held at 9:00 a.m., April 26th, 2005 in CONFERENCE ROOM 204, Lubbock, Texas. All persons
attending the meeting will be asked to identify themselves and the prospective bidder they represent.
2.2 It is the bidder's responsibility to attend the pre -bid meeting though the meeting is not mandatory. The
City will not be responsible for providing information discussed at the pre -bid meeting to bidders who do
not attend the pre -bid meeting.
3 ADDENDA & MODIFICATIONS
3.1 Any changes, additions, or clarifications to the ITB; are made by ADDENDA information available over
LL, the Internet at hU://www.RFPdepot.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.
-4 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 Department. At the request of the bidder, or in the
event the Purchasing Department deems the interpretation to be substantive, the interpretation will be
made by written addendum issued by the Purchasing Department. Such addenda issued by the Purchasing
Department will be available over the Internet at h!tp://www.RFPdgpot.com and will become part of the
i proposal package having the same binding effect as provisions of the original ITB. NO VERBAL
EXPLANATIONS OR INTERPRETATIONS WILL BE BINDING. In order to have a request for
interpretation considered, the request must be submitted in writing and must be received by the City of
Lubbock Purchasing Department no later than five (5) days before the bid closing date.
3.3 All addenda, amendments, and interpretations of this solicitation shall be in writing. The City of Lubbock
shall not be legally bound by any amendment or interpretation that is not in writing. Only information
supplied by the City of Lubbock Purchasing Department in writing or in this ITB should be used in
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preparing bid responses. All contacts that a bidder may have had before or after receipt of this ITB with
o- 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 malting all investigations and examinations
that are necessary to ascertain conditions and requirements affecting the requirements of this Invitation to
Bid. Failure to make such investigations and examinations shall not relieve the bidder from obligation to
comply, in every detail, with all provisions and requirements of the Invitation to Bid.
4.3 Notices of any discrepancies or omissions in these plans, specifications, or contract documents, shall
be given to the Purchasing Manager and a clarification obtained before the bids are received, and if
no such notice is received by the Purchasing Manager 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 Manager 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.
5 BID PREPARATION COSTS
5.1 Issuance of this ITB does not commit the City of Lubbock, in any way, to pay any costs incurred in the
preparation and submission of a bid.
..µ 5.2 The issuance of this ITB does not obligate the City of Lubbock to enter into contract for any services or
equipment.
5.3 All costs related to the preparation and submission of a bid shall be paid by the bidder.
6 TRADE SECRETS CONFIDENTIAL INFORMATION AND THE TEXAS PUBLIC INFORMATION ACT
6.1 If you consider any portion of your bid to be privileged or confidential by statute or judicial decision,
including trade secrets and commercial or financial information, clearly identify those portions.
6.2 The City of Lubbock will honor your notations of trade secrets and confidential information and decline
to release such information initially, but please note that the final determination of whether a particular
portion of your bid is in fact a trade secret or commercial or financial information that may be withheld
from public inspection will be made by the Texas Attorney General or a court of competent jurisdiction.
In the event a public information request is received for a portion of your bid that you have marked as
being confidential information, you will be notified of such request and you will be required to justify
your legal position in writing to the Texas Attorney General pursuant to Section 552.305 of the
Government Code. In the event that it is determined by opinion or order of the Texas Attorney General
or a court of competent jurisdiction that such information is in fact not privileged and confidential under
Section 552.110 of the Government Code and Section 252.049 of the Local Government Code, then such
information will be made available to the requester.
6.3 Marking your entire bid CONFIDENTIAL/PROPRIETARY is not in conformance with the Texas Open
Records Act.
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7 LICENSES PERMITS TAXES
' The price or prices for the work shall include full compensation for all taxes, permits, etc. that the bidder is or
may be required to pay.
8 UTILIZATION OF LOCAL BUSINESS RESOURCES
Prospective bidders are strongly encouraged to explore and implement methods for the utilization of local
resources, and to outline in their bid submittal how they would utilize local resources.
9 CONFLICT OF INTEREST
9.1 The bidder shall not offer or accept gifts or anything of value nor enter into any business arrangement with
any employee, official or agent of the City of Lubbock.
9.2 By signing and executing this bid, the bidder certifies and represents to the City the bidder has not offered,
conferred or agreed to confer any pecuniary benefit or other thing of value for the receipt of special treatment,
advantage, information, recipient's decision, opinion, recommendation, vote or any other exercise of
discretion concerning this bid.
10 CONTRACT DOCUMENTS
10.1 All work covered by the contract shall be done in accordance with contract documents described in the
General Conditions.
10.2 All bidders shall be thoroughly familiar with all of the requirements set forth on the contract documents
for the construction of this project and shall be responsible for the satisfactory completion of all work
contemplated by said contract documents.
11 PLANS FOR USE BY BIDDERS
It is the intent of the City of Lubbock that all parties with an interest in submitting a bid on the project covered by
the contract documents be given a reasonable opportunity to examine the documents and prepare a bid without
charge or forfeiture of deposit. The contract documents, may be examined without charge as noted in the Notice
to Bidders.
12 BIDDER INQUIRIES AND CLARIFICATION OF REQUIREMENTS
12.1 It is the intent and purpose of the City of Lubbock that this request permit competitive bids. It shall be
the bidder's responsibility to advise the Purchasing Manager if any language, requirements, etc., or any
combinations thereof, inadvertently restricts or limits the requirements stated in this ITB to a single
source. Such notification must be submitted in writing and must be received by the City of Lubbock
Purchasing Office no later than five (5) calendar days before the bid closing date. A review of such
notifications will be made.
12.2 NO BIDDER SHALL REQUEST ANY INFORMATION VERBALLY. ALL REQUESTS FOR
ADDITIONAL INFORMATION OR CLARIFICATION CONCERNING THIS INVITATION TO
BID (ITB) MUST BE SUBMITTED IN WRITING NO LATER THAN FIVE (5) CALENDAR
DAYS PRIOR TO THE BID CLOSING DATE AND ADDRESSED TO:
BRUCE MACNAIR, SENIOR BUYER
City of Lubbock
. t 1625 13`h Street
Lubbock, Texas 79401
Fax: (806) 775-2164
Email: BMacnair@mylubbock.us
RFPDepot: htlp:H/Aww.RFPdepot.com
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13 TAM AND ORDER FOR COMPLETION
13.1 The construction covered by the contract documents shall be substantially completed within SIXTY (60)
CONSECUTIVE CALENDAR DAYS from the date specified in the Notice to Proceed issued by the
City of Lubbock to the successful bidder.
13.2 The Contractor will be permitted to prosecute the work in the order of his own choosing, provided,
however, the City reserves the right to require the Contractor to submit a progress schedule of the work
contemplated by the contract documents. In the event the City requires a progress schedule to be
submitted, and it is determined by the City that the progress of the work is not in accordance with the
progress schedule so submitted, the City may direct the Contractor to take such action as the City deems
necessary to ensure completion of the project within the time specified.
14 PAYMENT
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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
The intent of these contract documents is that only materials and workmanship of the best quality and grade will
be furnished. The fact that the specifications may fail to be sufficiently complete in some detail will not relieve
the Contractor of full responsibility for providing materials of high quality and for protecting them adequately
until incorporated into the project. The presence or absence of a representative of the City on the site will not
relieve the Contractor of full responsibility of complying with this provision. The specifications for materials and
methods set forth in the contract documents provide minimum standards of quality, which the Owner believes
necessary to procure a satisfactory project.
17 GUARANTEES
17.1 All equipment and materials incorporated in the project and all construction shall be guaranteed against
defective materials and workmanship. Prior to final acceptance, the Contractor shall furnish to the Owner,
a written general guarantee which shall provide that the Contractor shall remedy any defects in the work,
and pay for any and all damages of any nature whatsoever resulting in such defects, when such defects
appear within ONE year from date of final acceptance of the work as a result of defective materials or
workmanship, at no cost to the Owner (City of Lubbock).
17.2 Notwithstanding any provisions contained in the contractual agreement, the Contractor represents and
warrants fault -free performance and fault -free result in the processing date and date -related data
(including, but not limited to calculating, comparing and sequencing) of all hardware, software and
firmware products delivered and services provided under this Contract, individually or in combination, as
the case may be from the effective date of this Contract. Also, the Contractor warrants calculations will
be recognized and accommodated and will not, in any way, result in hardware, software or firmware
failure. The City of Lubbock, at its sole option, may require the 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.
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ry17.4 The warranties contained herein are separate and discrete from an other warranties specified in this p y sp d s
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.
x18 PLANS FOR THE CONTRACTOR
. The contractor will be furnished one set of plans and specifications, and related contract documents for his use
during construction. Plans and specifications for use during construction will only be furnished directly to the
Contractor. The Contractor shall then distribute copies of plans and specifications to suppliers, subcontractors or
others, as required for proper prosecution of the work contemplated by the Contractor.
19 PROTECTION OF THE WORK
The Contractor shall be responsible for the care, preservation, conservation, and protection of all materials,
supplies, machinery, equipment, tools, apparatus, accessories, facilities, and all means of construction, and any
and all parts of the work whether the Contractor has been paid, partially paid, or not paid for such work, until the
date the City issues its certificate of completion to Contractor. The City reserves the right, after the bids have
been opened and before the contract has been awarded, to require of a bidder the following information:
(a) The experience record of the bidder showing completed jobs of a similar nature to the one covered by
the intended contract and all work in progress with bond amounts and percentage completed.
(b) A sworn statement of the current financial condition of the bidder.
W (c) Equipment schedule.
20 TEXAS STATE SALES TAX
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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
j relieve the Contractor of his responsibilities aforementioned. All such underground lines or structures cut or
w damaged by Contractor during the prosecution of the work contemplated by this contract shall be repaired
immediately by Contractor to the satisfaction of the City of Lubbock, Texas, at Contractor's expense.
22 BARRICADES AND SAFETY MEASURES
The contractor shall, at his own expense, furnish and erect such barricades, fences, lights and danger signals, and
shall take such other precautionary measures for the protection of persons, property and the work as may be
necessary. The Contractor will be held responsible for all damage to the work due to failure of barricades, signs,
and lights to protect it, and when damage is incurred, the damaged portion shall be immediately removed and
replaced by Contractor at his own cost and expense. The Contractor's responsibility for maintenance of barricades,
signs, and lights shall not cease until the date of issuance to Contractor of City's certificate of acceptance of the
project.
' 23 EXPLOSIVES
23.1 The use of explosives will not be permitted unless written permission to do so is obtained by the
Contractor from the City. In all cases where written permission is obtained for the use of explosives, the
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Contractor shall assume full responsibility for all damage, which may occur as a direct or indirect result
of the blasting. In addition, in all cases where explosives are authorized to be used, the Contractor shall
use utmost care so as not to endanger life or property and the Contractor shall further use only such
-' methods as are currently utilized by persons, firms, or corporations engaged in similar type of
construction activity.
23.2 Explosive materials shall not be stored or kept at the construction site by the Contractor.
23.3 In all cases where explosives are to be used during the construction of the project contemplated by this
contract, it shall be the duty of the Contractor to notify each utility company having structures (above or
below the ground) in proximity to the site of the work of Contractor's intention to use explosives, and
such notice shall be given sufficiently in advance to enable the companies to take such steps as they may
deem necessary to protect their property from injury. Such notice, however, shall not relieve the
Contractor of responsibility for any damage resulting from his blasting operations.
24 CONTRACTOR'S REPRESENTATIVE
The successful bidder shall be required to have a responsible local representative available at all times while the
work is in progress under this contract. The successful bidder shall be required to furnish the name, address and
telephone number where such local representative may be reached during the time that the work contemplated by
this contract is in progress.
25 INSURANCE
25.1 The Contractor shall not commence work under this contract until he has obtained all insurance as
required in the General Conditions of the contract documents, from an underwriter authorized to do
business in the State of Texas and satisfactory to the City. Proof of coverage shall be furnished to the
City and written notice of cancellation or any material change will be provided ten (10) days in advance
of cancellation or change. All policies shall contain an agreement on the part of the insurer waiving the
right to subrogation. The Contractor. shall procure and 'carry at his sole cost and expense through the life
of this contract, insurance protection as hereinafter specified. Coverage in excess of that specified herein
also shall be acceptable. Such insurance shall be carried with an insurance company authorized to
transact business in the State of Texas and shall cover all operations in connection with this contract,
whether performed by the Contractor or a subcontractor, or separate policies shall be provided covering
the operation of each subcontractor. A certificate of insurance specifying each and all coverages shall be
submitted before contract execution.
25.2 PROOF OF COVERAGE SHALL BE FURNISHED TO THE CITY OF LUBBOCK IN THE
FORM OF A CERTIFICATE OF INSURANCE. THE INSURANCE CERTIFICATES
FURNISHED SHALL NAME THE CITY OF LUBBOCK AS A PRIMARY ADDITIONAL
INSURED AND PROVIDE A WAIVER OF SUBROGATION IN FAVOR OF THE CITY OF
LUBBOCK AS REQUIRED BELOW, OR IN THE ALTERNATIVE, SHALL BE
ACCOMPANIED BY A STATEMENT FROM THE CONTRACTOR TO THE EFFECT THAT
NO WORK ON THIS PARTICULAR PROJECT SHALL BE SUBCONTRACTED. IT SHALL
BE THE CONTRACTOR'S RESPONSIBILITY TO PROVIDE TO THE OWNER ALL PROOF
OF COVERAGE INSURANCE DOCUMENTS INCLUDING WORKERS COMPENSATION
COVERAGE FOR EACH SUBCONTRACTOR
26 LABOR AND WORKING HOURS
26.1 Attention of each bidder is particularly called to the schedule of general prevailing rate of per diem wages
included in these contract documents. The wage rate that must be paid on this project shall not be less
than specified in the schedule of general prevailing rates of per diem wages as above mentioned. The
bidders' attention is further directed to the requirements of Article 5159a, Vernon's Annotated Civil
r , Statutes providing for the payment of the wage schedules above mentioned and the bidder's obligations
thereunder. The inclusion of the schedule of general prevailing rate of per diem wages in these contract
documents does not release the Contractor from compliance with any wage law that may be applicable.
Construction work under this contract requiring an inspector will not be performed on weekends or
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holidays unless the following conditions exist:
26.1.1 The project being constructed is essential to the City of Lubbock's ability to provide the necessary
service to its citizens.
26.1.2 Delays in construction are due to factors outside the control of the Contractor. The Contractor is
approaching the penalty provisions of the contract and Contractor can show he has made a
diligent effort to complete the contract within the allotted time.
f 26.2 Before construction work requiring an inspector is to be performed on weekends or holidays, the
Contractor must notify the Owner's Representative not less than three full working days prior to the
weekend or holiday he desires to do work and obtain written permission from the Owner's Representative
to do such work. The final decision on whether to allow construction work requiring an inspector on
weekends or holidays will be made by the Owner's Representative.
26.3 In any event, if a condition should occur or arise at the site of this project or from the work being done
under this contract which is hazardous or dangerous to property or life, the Contractor shall immediately
commence work, regardless of the day of the week or the time of day, to correct or alleviate such
condition so that it is no longer dangerous to property or life.
27 PAYMENT OF ENVTLOYEES AND FILING OF PAYROLLS
The contractor and each of his subcontractors shall pay each of his employees engaged in work on the project
under this contract in full (less mandatory legal deductions) in cash, or by check readily cashable without
discount, not less often than once each week. The Contractor and each of his subcontractors engaged at the site of
the work shall not later than the seventh day following the payment of wages, file with the Owner's
Representative, or Engineer, a certified, sworn, legible copy of such payroll. This shall contain the name of each
employee, his classification, the number of hours worked on each day, rate of pay, and net pay. The affidavit
shall state that the copy is a true and correct copy of such payroll, that no rebates or deductions (except as shown)
have been made, or will in the future be made from the wages paid as shown thereon. The Contractor must
classify employees according to one of the classifications set forth in the schedule of general prevailing rate of per
diem wages, which schedule is included in the contract documents. The Contractor shall forfeit as a penalty to the
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City of Lubbock on whose behalf this contract is made, ten dollars for each laborer, workman, or mechanic
employed for each calendar day, or portion thereof, such laborer, workman or mechanic is paid less than the
wages assigned to his particular classification as set forth in the schedule of general prevailing rate of per diem
wages included in these contract documents.
28 PROVISIONS CONCERNING ESCALATION CLAUSES
Bids submitted containing any conditions which provide for changes in the stated bid price due to increases or
decreases in the cost of materials, labor or other items required for the project will be rejected and returned to the
bidder without being considered.
29 PREPARATION FOR BID
29.1 The bidder shall submit his bid on forms furnished by the City. All blank spaces in the form shall be
correctly filled in and the bidder shall state the price both in words and numerals, for which he intends to
do the work contemplated or furnish the materials required. Such prices shall be written in ink, distinctly
and legibly, or typewritten. In case of discrepancy between the price written in words and the price
written in figures, the price written in words shall govern.
29.2 If the bid is submitted by an individual, his name must be signed by him or his duly authorized agent. If a
bid is submitted by a firm, association, or partnership, the name and address of each member must be
given and the bid signed by a member of the firm, association or partnership, or person duly authorized.
If the bid is submitted by a company or corporation, the company or corporate name and business address
must be given, and the bid signed by an official or duly authorized agent. Powers of attorney authorizing
agents or others to sign bids must be properly certified and must be in writing and submitted with the bid.
g � g
The bid shall be executed in ink.
L, 7
No Text
29.3 Each bid shall be enclosed in a sealed envelope, addressed as specified in the Notice to Bidders and
P� P
endorsed on the outside of the envelope in the following manner:
28.3.1 Bidder's name
28.3.2 Bid for (description of the project).
29.4 Bid submittals may be withdrawn and resubmitted at any time before the time set for opening of the bids,
but no bid may be withdrawn or altered thereafter.
29.5 Pursuant to Texas Local Government Code 252.043(a), a competitive sealed bid that has been
opened may not be changed for the purpose of correcting an error in the bid price. THEREFORE,
ANY CORRECTIONS TO THE BID PRICE MUST BE MADE ON THE BID SUBMITTAL
FORM PRIOR TO BID OPENING.
30 BOUND COPY OF CONTRACT DOCUMENTS
Bidder understands and agrees that the contract to be executed by bidder shall be bound and include the
following:
(a) Notice to Bidders.
(b) General Instructions to Bidders.
(c) Bidder's Submittal.
(d) Statutory Bond (if required).
(e) Contract Agreement.
(f) General Conditions.
(g) Special Conditions (if any).
(h) Specifications.
..(i) Insurance Certificates for Contractor and all Sub -Contractors.
(j) All other documents made available to 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.
31 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,
1
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
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.
_; 8
32.2 All bids are evaluated for compliance with specifications before the bid rice is considered. Response to
P P P P
specifications is primary in determining the best low bid. Failure to comply with the specifications may
result in disqualification of the bid.
32.3 In case of tie bids, preference will be given to local bidders. Consistent and continued tie bidding may be
cause for rejection of bids by the City of Lubbock and/or investigation by the Attorney General to
determine possible Anti -Trust violations.
32.4 Before the City may award a bid to a nonresident bidder, the nonresident bidder's bid must be lower than
lowest bid submitted by a responsible Texas bidder by the same margin or amount that a Texas bidder
would be required to underbid the nonresident bidder in the nonresident bidders' home state.
32.5 Any contract made, or purchase order issued, as a result of this Invitation to Bid, shall be entered into the
State of Texas and under the laws of the State of Texas. In connection with the performance of work, the
Bidder agrees to comply with the Fair Labor Standard Act, Equal Opportunity Employment Act, and all
other applicable Federal, State, and Local laws, regulations, and executive orders to the extent that the
same may be applicable.
32.6 NO INDIVIDUAL OF ANY USING DEPARTMENT HAS THE AUTHORITY TO LEGALLY
AND/OR FINANCIALLY COMMIT THE CITY TO ANY CONTRACT, AGREEMENT OR
PURCHASE ORDER FOR GOODS OR SERVICES, UNLESS SPECIFICALLY SANCTIONED
BY THE REQUIREMENTS OF THIS INVITATION TO BID.
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BID SUBMITTAL
LUMP SUM BID CONTRACT
DATE: I"
PROJECT NUMBER: #05-045-BM - REHABILITATE SEWER LIFT STATION #31
Bid of �-- N u��� uczc�� , J—�C� (hereinafter called Bidder)
i
To the Honorable Mayor and City Council Cityof Lubbock, (hereinafter called Owner)
Gentlemen:
The Bidder, in compliance with your Invitation to Bid for the construction of a REHABILITATE SEWER LIFT
STATION #31 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 price to cover all expenses incurred in performing the
work required under the contract documents.
MATERIALS: 0 a e, ze r-o o-Ax.. ($ 9 7 8 • 19 )
SERVICES: bn.Q 6-i-"'� tr N ey`{ ($
w2.
U�
) TOTAL BID:
(Amount shall be shown
both words and numerals. In
of discre n y,-�a amount shown 6 words shall govern.)
Bidder hereby agrees to commence the work on the above project on or before a date to be specified in a written
"Notice to Proceed" of the Owner and to substantially complete the project within 60 (SIXTY) consecutive calendar days
thereafter as stipulated in the specifications and other contract documents. Bidder hereby further agrees to pay to Owner
as liquidated damages the sum of $500 (FIVE HUNDRED) for each consecutive calendar day in excess of the time set
forth herein above for completion of this project, all as more fully set forth in the general conditions of the contract
documents.
Bidder understands and agrees that this bid submittal shall be completed and submitted in accordance with
instruction number 28 of the General Instructions to Bidders.
j Bidder understands that the Owner reserves the right to reject any or all bids and to waive any formality in the
bidding.
,.,
The Bidder agrees that this bid shall be good and may not be withdrawn for a period of thirty (30) calendar days
`f after the scheduled closing time for receiving bids.
The undersigned Bidder hereby declares that he has visited the site of the work and has carefully examined the
l, plans, specifications and contract documents pertaining to the work covered by this bid, and he further agrees to
commence work on or before the date specified in the written notice to proceed, and to substantially complete the work on
which he has bid; as provided in the contract documents.
__F E
--- Bidders are required, whether or not a payment or performance bond is required, to submit a cashier's check or
certified check issued by a bank satisfactory to the City of Lubbock, or a bid bond from a reliable surety company,
payable without recourse to the order of the City of Lubbock in an amount not less than five percent (5%) of the total
amount of the bid submitted as a guarantee that bidder will enter into a contract, obtain all required insurance policies, and
{ execute all necessary bonds (if required) within fifteen (15) days after notice of award of the contract to him.
Enclosed with this bid is a Cashier's Check or Certified Che k for
Dollars ($ ) or a Bid Bond in the sum of Tz,15-D Dollars
($ t 34 -7SV 6'), which it is agreed shall be collected and retained by the Owner as liquidated damages in the event
the bid is accepted by the Owner and the undersigned fails to execute the necessary contract documents, insurance
certificates, and the required bond (if any) with the Owner within fifteen (15) 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(a), a
competitive sealed bid that has been opened may not be
changed for the purpose of correcting an error in the bid price.
THEREFORE, ANY CORRECTIONS TO THE BID PRICE
MUST BE MADE ON THE BID SUBMITTAL FORM PRIOR
TO BID OPENING.
(Seal if Bidder is a Corporation)
ATTEST:
Secretary
Bidder acknowledges receipt of the following addenda:
Addenda No. I_ Date
Addenda No. 2- Date-s-- i / - z cx�s
Addenda No. 3 Date . ►► -i3 - Z<,cj f
Addenda No. Date
Date: 1 � - COS
'` u,V
L�Q�,,c
Authorized Signature
L. Ko w
(Printed or Typed Name)
L - t-6 w �.1&N-r-tRu
cTroa --u'Cr
Company
Address
Aber u A T-H C,
, � a k--
City, /
County
�(,
- 74 3 i
State
Z p Code
Telephone: O b -
3 Z- 0
Fax: -
3z- — /007
M/WBE Firm: Woman Black American Native American
Hispanic American Asian Pacific American Other (Spec
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2
1.
2.
3.
4.
5.
6.
7.
8.
9.
10.
LIST OF SUBCONTRACTORS
Minority Owned
Yes No
scftt� ",�(aox)5
11 ❑
0 El
El D
El 0
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THIS FORM SHALL BE COMPLETED AND RETURNED ALONG WITH
INSURANCE CERTIFICATES FOR EACH SUB -CONTRACTOR PURSUANT TO
SECTION 28G OF THE GENERAL CONDITIONS.
a,
CITY OF LUBBOCK
INSURANCE REQUIREMENT AFFIDAVIT
To Be Completed by Bidder
And Attached to Bid Submittal
I, the undersigned Bidder, certify that the insurance requirements contained in this bid document have been reviewed by
me with the below identified Insurance Agent/Broker. If I am awarded this contract by the City of Lubbock, I will be able
to, within fifteen (15) 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/proposal.
Contra or (Signature)
L • W • �kp (.-i pig o
Contractor (Print)
a�CONTRACTOR'S FIRM NAME: t k O w kp"D eDfJS1rR0Crf0x) N c-
(Print or Type )
CONTRACTOR'S FIRM ADDRESS: �IXA 5-4
Name of Agent/Broker:
ou
A,b 4er- XJ A T-t( V --1K 7`73 1 /
Address of Agent/Broker: ) 5 J � W 2S i
City/State/Zip: P (2 o j U l c-w �a -1Cj 0 7
Agent/Broker Telephone Number: (qa_) Z j ' ,� -4 4 t
Date: "-�— / t- 0
NOTE TO CONTRACTOR
If the time requirement specified above is not met, the City has the right to reject this bid/proposal and award the
contract to another contractor. If you have any questions concerning these requirements, please contact the
Purchasing Manager for the City of Lubbock at (806) 775-2165.
BID #05-045-BM - REHABILITATE SEWER LIFT STATION #31
I 4
fj SAFETY RECORD QUESTIONNAIRE
(Must Be Submitted With Bid Submittal)
The City of Lubbock City Council desires to avail itself of the benefits of Section 252.0435 of the Local Government
Code, and consider the safety records of potential contractors prior to awarding bids on City contracts. Pursuant to Section
252.0435 of the Local Government Code, City of Lubbock has adopted the following written definition and criteria for
accurately determining the safety record of a bidder prior to awarding bids on City contracts.
The definition and criteria for determining the safety record of a bidder for this consideration shall be:
The City of Lubbock shall consider the safety record of the bidders in determining the responsibility thereof. The City may
consider any incidence involving worker safety or safety of the citizens of the City of Lubbock, be it related or caused by
environmental, mechanical, operational, supervision or any other cause or factor. Specifically, the City may consider, among
other things:
a. Complaints to, or final orders entered by, the Occupational Safety and Health Review Commission (OSHRC),
against the bidder for violations of OSHA regulations within the past three (3) years.
b. Citations (as defined below) from an Environmental Protection Agency (as defined below) for violations within
the past five (5) years. Environmental Protection Agencies include, but are not necessarily limited to, the U.S.
Army Corps of Engineers (USACOE), the U.S. Fish and Wildlife Service (USFWS), the Environmental
Protection Agency (EPA), the Texas Commission on Environmental Quality (TCEQ), the Texas Natural Resource
Conservation Commission (TNRCC) (predecessor to the TCEQ), the Texas Department of State Health Services
(DSHS), the Texas Parks and Wildlife Department (TPWD), the Structural Pest Control Board (SPCB), agencies
of local governments responsible for enforcing environmental protection or worker safety related laws or
regulations, and similar regulatory' agencies of other states of the United States. Citations include notices of
violation, notices of enforcement, suspension/revocations of state or federal licenses or registrations, fines
assessed, pending criminal complaints, indictments, or convictions, administrative orders, draft orders, final
orders, and judicial final judgments.
C. Convictions of a criminal offense within the past ten (10) years, which resulted in bodily harm or death.
d. Any other safety related matter deemed by the City Council to be material in determining the responsibility of the
bidder and his or her ability to perform the services or goods required by the bid documents in a safe environment,
both for the workers and other employees of bidder and the citizens of the City of Lubbock.
In order to obtain proper information from bidders so that City of Lubbock may consider the safety records of potential
contractors prior to awarding bids on City contracts, City of Lubbock requires that bidders answer the following three (3)
questions and submit them with their bids:
QUESTION ONE
' Has the bidder, or the firm, corporation, partnership, or institution represented by the bidder, or anyone acting for such
firm, corporation, partnership or institution, received citations for violations of OSHA within the past three (3) years?
E YES NO__7�
If the bidder has indicated YES for question number one above, the bidder must provide to City of Lubbock, with its bid
submission, the following information with respect to each such citation:
'1
Date of offense, location of establishment inspected, category of offense, final disposition of offense, if any, and penalty
assessed.
QUESTION TWO
Has the bidder, or the firm, corporation, partnership, or institution represented by the bidder, or anyone acting for such
firm, corporation, partnership or institution, received citations for violations of environmental protection laws or
regulations, of any kind or type, within the past five years? Citations include notice of violation, notice of enforcement,
suspension/revocations of state or federal licenses, or registrations, fines assessed, pending criminal complaints,
indictments, or convictions, administrative orders, draft orders, final orders, and judicial final judgments.
YES No
If the bidder has indicated YES for question number two above, the bidder must provide to City of Lubbock, with its bid
j submission, the following information with respect to each such conviction:
Date of offense or occurrence, location where offense occurred, type of offense, final disposition of offense, if any, and
penalty assessed.
QUESTION THREE
Has the bidder, or the firm, corporation, partnership, or institution represented by bidder, or anyone acting for such firm,
corporation, partnership, or institution, ever been convicted, within the past ten (10) years, of a criminal offense which
resulted in serious bodily injury or death?
YES NO�
( If the bidder has indicated YES for question number three above, the bidder must provide to City of Lubbock, with its bid
submission, the following information with respect to each such conviction:
Date of offense, location where offense occurred, type of offense, final disposition of offense, in any, and penalty
assessed.
ACKNOWLEDGEMENT
THE STATE OF TEXAS
_ve 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 will be
investigated, with my full permission, and that any misrepresentations or omissions may cause my bid to be rejected.
Signature
Title
SUSPENSION AND DEBARMENT CERTIFICATION
Federal Law (A-102 Common Rule and OMB Circular A-110) prohibits non -Federal entities from contracting with or
making sub -awards under covered transactions to parties that are suspended 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).
l
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
Signature of Company
Date Signed:
V4-N?- .P lAni ST j�W CT( 0 A) u t-/
-IDS
W
PrintedPrinted name of company official signing above: L _ W ` +�O W Ali
7
� r�o000"
SureTec
IF
I --] 111 -09U, L11
KNOW ALL MEN BY THESE PRESENTS, that we L.Howard Construction Inc.
as principal, hereinafter called the "Principal," and SURETEC INSURANCE COMPANY, 5000 Plaza on the Lake,
Suite 290, Austin, TX 78746, as surety, hereinafter called the "Surety," are held and firmly bound unto
City of Lubbock as obligee, hereinafter called the "Obligee," in the sum
of ( 5% %) percent of the amount of the bid submitted by Principal, not to exceed $13.750.00 Dollars
($ 5% ) 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
Rehahilitate Sewer Lift Station #31 #05-045-RM
NOW, THEREFORE, if the contract be timely awarded to the Principal and the Principal shall within such time as
specified in the bid, enter into a contract in writing or, in the event of the failure of the Principal to enter into such
Contract, if the Principal shall pay to the Obligee the difference not to exceed the penalty hereof between 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 covered by said bid, then this obligation shall be null and void, otherwise to remain in full
force and effect.
PROVIDED, HOWEVER, neither Principal nor Surety shall be bound hereunder unless Obligee prior to execution
of the final contract shall furnish evidence of financing in a manner and form acceptable to Principal and Surety that
financing has been firmly committed to cover the entire cost of the project.
SIGNED, sealed and dated this loth day of May , 2005
L.Howard Construction Inc.
(Principal)
--f I
BY: w
TITLE:
BY:
�� Suretec Bid Bond Form. rev. 11.11.03
Attomey-in-Fact
SureTec
GENERAL POWER OF ATTORNEY
Know All Men by These Presents, That SURETEC INSURANCE COMPANY (the "Company"), a corporation duly organized and
existing under the laws of the State of Texas, and having its principal office in Houston, Harris County, Texas, does by these presents
make, constitute and appoint
John W. Schuler
of Austin, Texas its true and lawful Attorneys) -in -fact, with full power and authority hereby conferred in its name, place and stead, to
execute, acknowledge and deliver any and all bonds, recognizances, undertakings or other instruments or contracts of
suretyship to include waivers to the conditions of contracts and consents of surety, providing the bond penalty does not exceed
One Million Dollars and no/100 ($1,000,000.00) and to bind the Company thereby as fully and to the same extent as if such bonds
were signed by the President, sealed with the corporate seal of the Company and duly attested by its Secretary, hereby ratifying and
confirming all that the said Attomey(s)-in-Fact may do in the premises. Said appointment is made under and by authority of the
following resolutions of the Board of Directors of the SureTec Insurance Company:
Be it Resolved, that the President, any Vice -President, any Assistant Vice -President, any Secretary or any Assistant
Secretary shall be and is hereby vested with full power and authority to appoint any one or more suitable persons as
Attorneys) -in -Fact to represent and act for and on behalf of the Company subject to the following provisions:
Attorney -in -Fact may be given full power and authority for and in the name of and of behalf of the Company, to execute,
acknowledge and deliver, any and all bonds, recognizances, contracts, agreements or indemnity and other conditional or
obligatory undertakings and any and all notices and documents canceling or terminating the Company's liability thereunder,
and any such instruments so executed by any such Attorney -in -Fact shall be binding upon the Company as if signed by the
President and sealed and effected by the Corporate Secretary.
Be it Resolved, that the signature of any authorized officer and seal of the Company heretofore or hereafter affixed to any
power of attorney or any certificate relating thereto by facsimile, and any power of attorney or certificate bearing facsimile
signature or facsimile seal shall be valid and binding upon the Company with respect to any bond or undertaking to which it
is attached. (Adopted at a meeting held on 20'h of April, 1999.)
In Witness Whereof, SURETEC INSURANCE COMPANY has caused these presents to be signed by its President, and its
corporate seal to be hereto affixed this 1 lth day of June, A.D. 2002.
Corporate Seal
State of Texas
County of Harris
.�S�PAAINV o
�uI x y o
w t W >�
� 5 2
ss: -
SURETEC INSURANCE COMPANY
By
Johinj4x, Jr.,
Preside t
On this 1Ith day of June A.D. 2002 before me personally came John Knox, Jr., to me known, who, being by me duly sworn, did
depose and say, that he resides in Houston, Texas, that he is President of SURETEC INSURANCE COMPANY, the company
described in and which executed the above instrument; that he knows the seal of said Company; that the seal affixed to said instrument
is such corporate seal; that it was so affixed by order of the Board of Directors of said Company; and that he signed his name thereto
by like order.
DONNA U. lBAREZ
�.�' Mdrrh�a. �uudHw Conna�Notary Seal wc...wrmam*" U. Ibanez, Notary is'1UNE 11'200°mission expires June 11, 2006
I, Michael P. Whisenant, Vice President and Assistant Secretary of SURETEC INSURANCE COMPANY, do hereby certify that the
above and foregoing is a true and correct copy of a Power of Attorney, executed by said Company, which is still in full force and
effect; and furthermore, the resolutions of the Board of Directors, set out in the Power of Attorney are in full force and effect.
In Witness Whereof, I have hereunto set my hand and affixed the seal of said Company at Houston, Texas this loth day of May,
2005, A.D.
RANn
Cl
Corporate SealiW y J
Michael P. Whisenant,
Vice President, Assistant Secretary
SureTec Insurance Com an
THIS BOND RIDER CONTAINS IMPORTANT COVERAGE INFORMATION
Statutory Complaint Notice
To obtain information or make a complaint:
You may call the Surety's toll free telephone number for information or to make a complaint at: 1-866-732-0099
You may also write to the Surety at:
SureTec Insurance Company
5000 Plaza on the Lake, Suite 290
Austin, TX 78746
You may contact the Texas Department of Insurance to obtain information on companies, coverage, rights or
complaints at 1-800-252-3439.
You may write the Texas Department of Insurance at
PO Box 149104
Austin, TX 78714-9104
Fax#: 512475-1771
PREMIUM OR CLAIM DISPUTES: Should you have a dispute concerning your premium or about a claim, you
should contact the Surety first. If the dispute is not resolved, you may contact the Texas Department of Insurance.
Important Notice Regarding
Terrorism Risk Insurance Act of 2002
In accordance with the Terrorism Risk Insurance Act of 2002 (the "Act"), this disclosure notice is provided for surety
bonds on which one or more of the following companies is the issuing surety: SureTec Insurance Company, U. S.
Specialty Insurance Company, and any other company that is added to SureTec Insurance Company for which
surety business is underwritten by SureTec Insurance Company ("Issuing Sureties").
The premium attributable to any bond coverage for "acts of terrorism" as defined in Section 102(1) of the Act is
Zero Dollars ($0.00).
The United States will reimburse the Issuing Sureties for ninety percent (90%) of any covered losses from terrorist
acts certified under the Act exceeding the applicable surety deductible.
The actual coverage provided by your bond for acts of terrorism, as is true for all coverages, is limited by the terms,
conditions, exclusions, penalties, limits, other provisions of your bond and the underlying contract, any
endorsements to the bond and generally applicable rules of law. This Important Notice Regarding Terrorism
Insurance Risk Act of 2002 is for informational purposes only and does not create coverage nor become a part or
condition of the attached document.
Exclusion of Liability for
Mold, Mycotoxins, and Fungi
The Bond to which this Rider is attached does not provide coverage for, and the surety thereon shall not be liable
for, molds, living or dead fungi, bacteria, allergins, histamines, spores, hyphae, or mycotoxins, or their related
products or parts, nor the remediation thereof, nor the consequences of their occurrence, existence, or appearance.
Suretec Bid Bond Form. rev. 11.11.03
City of Lubbock
-y PURCHASING DEPARTMENT
ROOM 204, MUNICIPAL BUILDING
j 1625 13r" STREET
LUBBOCK, TEXAS 79401
PH: (806) 775-2167 FAX: (806) 775-2164
http://purchasing.ci.lubbock.tx.us
ow
ITB #05-045-BM, Addendum #1
ADDENDUM #I
rM # 05-045-BM
Rehabilitate Sewer Lift Station #31
DATE ISSUED: May 4, 2005
CLOSE DATE: May 11, 2005 @ 2:00 P.M.
The following items take precedence over specifications for the above named Invitation to Bid (ITB). Where any
item called for in the ITB; documents is supplemented here, the original requirements, not affected by this
addendum, shall remain in effect.
1. Copies of original installation plans, dated March 2, 1995 are provided for clarification of dimensions and are
available at LiM)-i/ I -Alley ociuctio 0MI .
All requests for additional information or clarification must be submitted in writing and directed to:
Bruce MacNair, Senior Buyer, City of Lubbock, P.O. Box 2000, Lubbock, Texas 79457
Questions may be faxed to (806) 775-2164 or Email to bmacnair(�i m� lubbock.us
THANK YOU,
CITY OF LUBBOCK
Bruce MacNair
Senior Buyer
It is the intent and purpose of the City of Lubbock that this request permits competitive bids. It shall be the bidder's
responsibility to advise the City of Lubbock Purchasine Manager if any laneuaee, requirements, etc., or any combinations
thereof. _ inadvertently restricts or limits the requirements stated in this PTB to a single source. Such notification must be
submitted in writing and must be received by the Purchasing Manager no later than five (5) business days prior to the bid close
date. A review of such notifications will be made.
1TB#05-045-BMAdI 1
City of Lubbock
PURCHASING DEPARTMENT
ROOM 204, MUNICIPAL BUILDING
1625 13T" STREET
LUBBOCK, TEXAS 79401
PH: (806) 775-2167 FAX: (806) 775-2164
http://purchasing.ci.lubbock.bLus
DATE ISSUED:
OLD CLOSE DATE:
NEW CLOSE DATE:
ITB #05-045-BM, Addendum #2
ADDENDUM #2
FM # 05-045-BM
Rehabilitate Sewer Lift station #31
May 11, 2005
May 11, 2005 @ 2:00 P.M.
May 19, 2005 @ 1:00 P.M.
The following items take precedence over specifications for the above named Invitation to Bid (TTB). Where any
item called for in the M documents is supplemented here, the original requirements, not affected by this
addendum, shall remain in effect.
1. Bid due date and time are CHANGED from May 11, 2005 @ 2:00 P.M. to May 19, 2005 @ 1:00 P.M.
All requests for additional information or clarification must be submitted in writing and directed to:
Bruce MacNair, Senior Buyer, City of Lubbock, P.O. Box 2000, Lubbock, Texas 79457
Questions may be faxed to (806) 775-2164 or Email to "pmacnairki mvlubhc)ck us
THANK YOU,
CITY OF LUBBOCK
Bruce MacNair
Senior Buyer
It is the intent and purpose of the City of Lubbock that this request permits competitive bids. It shall be the bidder's
responsibility to advise the City of Lubbock Purchasing Manager if any language, requirements, etc., or any combinations
thereof, inadvertently restricts or limits the requirements stated in this ITB to a single source. Such notification must be
submitted in writing and must be received by the Purchasing Manager no later than five (5) business days prior to the bid close
date. A review of such notifications will be made.
ITB#05-045-BMAd2
U
7
City of Lubbock
PURCHASING DEPARTMENT
ROOM 204, MUNICIPAL BUILDING
1625 13T" STREET
LUBBOCK, TEXAS 79401
PH: (806) 775-2167 FAX: (806) 775-2164
http://purchasing.ei.l ubbock.tx-us
ITB #05-045-BM, Addendum #3
ADDENDUM #3
rM # 05-045-BM
Rehabilitate Sewer Lift station #31
DATE ISSUED: May 13, 2005
CLOSE DATE: May 19, 2005 Q 1:00 P.M.
The following items take precedence over specifications for the above named Invitation to Bid (TTB). Where any
item called for in the TTB documents is supplemented here, the original requirements, not affected by this
addendum, shall remain in effect.
1. Bidder's attention is invited to the following questions and their respective responses:
OUESTION: What is the size of the Lift Station site?
ANSWER: Lift Station # 31 site is a 60-foot square outlined with chain link fence and is situated in the
Northwest corner of Lot 1, Henry Addition. The entire Lot 1 is City property that is leased to a
bank as a parking Inc The area of Lot 1 is 0.73 acres (31,588 sgft) that includes 3,600 sgft fenced
off for Lift Station 31. As shown in the attached JPG file, gravity manholes 1 & 2 are located
outside of the lift station perimeter.
OUESTION: Where can we divert the flow from and where do we need to take it?
ANSWER: The supplied plans show the as-builts for the existing lift station. The upstream manhole is
approximately 30-feet east of the lift station. Flow can be diverted from this manhole around the
lift station and forced into the existing force main. The contractor will be responsible for
establishing an adequately approved diversion plan with the proper backup pumping. The force
main is 14" in diameter and empties in a manhole in 34th street approximately 3,500-ft from the
lift station.
OUESTION: Section 01010, paragraph 1.2.A calls for developing, filing and implementing a Storm Water
Pollution Prevention Plan: a) Does an engineer have to develop this plan? b) Who do we file the
plan with? c) How do we know what needs to be implemented until the design is completed?
ANSWER: a) Yes, Texas Commission on Environmental Quality requires an engineer to develop this plan.
b) The plan must be filed with TCEQ (Texas Commission on Environmental Quality).
c) The implementation requirements are determined in the design. More information on the
permitting requirements can be found on the web ai the following address:
bite:f.`wti�n�.tnrcc state.tx..t�ei7nittil�watqiL)enmm�wwperm construct.htmi. Backup protection of
the by-pass pumping is important to the City of Lubbock. This lift station is in an urban area near
surface water. It is important for the contractor to have all the appropriate plans in place to prevent
any spill or runoff from the by-pass process and/or a rain event. This pump station handles a large
constant flow and it is important for the contractor to be familiar with the site so the proper plan
can be prepared. A site visit will be provided at the request of the bidder.
All requests for additional information or clarification must be submitted in writing and directed to:
Bruce MacNair, Senior Buyer, City of Lubbock, P.O. Box 2000, Lubbock, Texas 79457
ITB#05-045-BMAd3
ITB #05-045-BM, Addendum #3
7Questions may be faxed to (806) 775-2164 or Email to bmacnair%;myluhhock�us
-
THANK YOU,
CITY OF LUBBOCK
7
Bruce MacNair
Senior Buyer
It is the intent and purpose of the City of Lubbock that this request permits competitive bids. It shall be the bidder's
resnonsibility to advise the Citv of Lubbock Purchasine Manager if anv laneuaae. requirements, etc.. or anv combinations
thereof. inadvertently restricts or limits the requirements stated in this ITB to a sinele source. Such notification must be
submitted in writing and must be received by the Purchasing Manager no later than five (5) business days prior to the bid close
date. A review of such notifications will be made.
ITB#05445-13MAM 2
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S
BOND CHECK
REST RATING
LICENSE p TEXAS
CATE`? � v By
PAYMENT BOND
STATUTORY PAYMENT BOND PURSUANT TO SECTION 2253.021(a)
OF THE TEXAS GOVERNMENT CODE
(CONTRACTS MORE THAN $25,000)
KNOW ALL MEN BY THESE PRESENTS, that
as
L.Howard Construction, I�fiereinafter called the Principal(s),
Principal(s), and
Suretec Insurance Company
(hereinafter called the Sure�s�,�s SureJ.4 az he�d and boud�nto the City of Lubbock (hereinafter called the
Obligee), in the amount ofFundree "� tyrnneee ormsanollars ($ 247,139.5� lawful money of the
United States for the payment whereof, the said Principal and Surety bind themselves, and their heirs, administrators,
executors, successors and assigns, jointly and severally, firmly by these presents.
WHEREAS, the Principal has entered into a certain written contract with the Obligee, dated the 28th day of
June_—, 20 nq to TTR#09-Q49-BM-Rehahi 1 i tate Sewer Lift Station #31
and said Principal under the law is required before commencing the work provided for in said contract to execute a bond
in the amount of said contract which contract is hereby referred to and made a part hereof as fully and to the same extent
as if copied at length herein.
NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the said Principal shall pay
all claimants supplying labor and material to him or a subcontractor in the prosecution of the work provided for in said
contract, then, this obligation shall be void; otherwise to remain in full force and erect;
PROVIDED, HOWEVER, that this bond is executed pursuant to the provisions of Section 2253.021(a) of the
Texas Government Code, and all liabilities on this bond shall be determined in accordance with the provisions of said
Article to the same extent as if it were copied at length herein.
IN WITNESS WHEREOF, the said Principal (s) and Surety (s) have signed and sealed this instrument this
6th day of July 2005 .
Suretec Insurance Company
Surety (\
*By:
a
(Title) John I. Schuler, Attorney -In -Fact
L. Howard Construction, Inc.
(Company Name)
By: /— • CL% - 4- p f`,
(Printed Name)
(Signature)
t
1
(Title)
(Title)
The undersigned surety company represents that it is duly qualified to do business in Texas, and hereby
designates Bf 11 Miirf -P an agent resident in Lubbock County to whom any requisite notices may be delivered
and on whom service of process may be had in matters arising out of such suretyship.
J.E. Murfee & Son
1310 Texas Avenue
Lubbock, Texas 79401
806-763-5311
Approved as to form:
Surety
* By: vk v "A I AA 71
(Title)
John W. Schuler, Attorney -In
Fact
City of Lubbock
B
Attorney
* Note: If signed b an officer of the Sure Company there must be on file a certified extract from the by-laws showing
� Y h' P Y Y g
that this person has authority to sign such obligation. If signed by an Attorney in Fact, we must have copy of power of
attorney for our files.
7
STATUTORY PERFORMANCE BOND PURSUANT TO SECTION 2253.021(a)
OF THE TEXAS GOVERNMENT CODE
(CONTRACTS MORE THAN $100,000)
L.Howard Construction, Inc.
KNOW ALL MEN BY THESE PRESENTS, that (hereinafter called the Principal(s), as Principal(s), and
Suretec Insurance Company
(hereinafter called the Sure s), ash S e s) aze held and f bo d unto the City of Lubbock (hereinafter called the
Obligee), in the amount o�undrelr iruytiinevandt 8 86 offillars ($ 247,139.50) lawful money of the
United States for the payment whereof, the said Principal and Surety bind themselves, and their heirs, administrators,
executors, successors and assigns, jointly and severally, firmly by these presents.
WHEREAS, the Principal has entered into a certain written contract with the Obligee, dated the 28t1day of
July 20059to ITB#05-045-BM-Rehabilitate Sewer Lift Station #31
and said principal under the law is required before commencing the work provided for in said contract to execute a bond
in the amount of said contract which contract is hereby referred to and made a part hereof as fully and to the same extent
as if copied at length herein.
NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the said Principal shall
faithfully perform the work in accordance with the plans, specifications and contract documents, then this obligation shall
be void; otherwise to remain in full force and effect.
PROVIDED, HOWEVER, that this bond is executed pursuant to the provisions of Section 2253.021(a) of the
Texas Government Code, and all liabilities on this bond shall be determined in accordance with the provisions of said
article to the same extent as if it were copied at length herein.
IN WITNESS WHEREOF, the said Principal (s) and Surety (s) have signed and sealed this instrument this 6th
., day of Jill y , 20
Suretec Insurance Company
__ Surety i I N 1
*By:
(Title) .lohn W. Schuler, Attorney-InPFact
L.Howard Construction, Inc.
(Company Name)
By:
(Printed Name)
(Signature)
(Title)
1
The undersigned surety company represents that it is duly qualified to do business in Texas, and hereby
designates Bill Murf ee an agent resident in Lubbock County to whom any requisite notices may be delivered and on
whom service of process may be had in matters arising out of such suretyship.
J.E. Murfee & Son ContinentAl Casualty Company
1310 Texas Avenue Surety
Lubbock, Texas 79401
806-763-5311
*By:
(Title)
John W. chuler, Attorney -In- I Fact
Approved as to Form
City of Lubbock
B
Attorney
Note: If signed by an officer of the Surety Company, there must be on file a certified extract from the by-laws showing
I that this person has authority to sip such obligation. If signed by an Attorney in Fact, we must have copy of power of
attorney for our files.
I
2
1
SureTec
4348505
GENERAL POWER OF ATTORNEY
Know All Men by These Presents, That SURETEC INSURANCE COMPANY (the "Company"), a corporation duly organized and
existing under the laws of the State of Texas, and having its principal office in Houston, Harris County, Texas, does by these presents
make, constitute and appoint
John W. Schuler
of Austin, Texas its true and lawful Attomey(s)-in-fact, with full power and authority hereby conferred in its name, place and stead, to
execute, acknowledge and deliver any and all bonds, recognizances, undertakings or other instruments or contracts of
suretyship to include waivers to the conditions of contracts and consents of surety, providing the bond penalty does not exceed
One Million Dollars and no/100 ($1,000,000.00) and to bind the Company thereby as fully and to the same extent as if such bonds
were signed by the President, sealed with the corporate seal of the Company and duly attested by its Secretary, hereby ratifying and
confirming all that the said Attomey(s)-in-Fact may do in the premises. Said appointment is made under and by authority of the
following resolutions of the Board of Directors of the SureTec Insurance Company:
Be it Resolved, that the President, any Vice -President, any Assistant Vice -President, any Secretary or any Assistant
Secretary shall be and is hereby vested with full power and authority to appoint any one or more suitable persons as
Attomey(s)-in-Fact to represent and act for and on behalf of the Company subject to the following provisions:
Attorney -in -Fact may be given full power and authority for and in the name of and of behalf of the Company, to execute,
acknowledge and deliver, any and all bonds, recognizances, contracts, agreements or indemnity and other conditional or
obligatory undertakings and any and all notices and documents canceling or terminating the Company's liability thereunder,
and any such instruments so executed by any such Attorney -in -Fact shall be binding upon the Company as if signed by the
President and sealed and effected by the Corporate Secretary.
Be it Resolved, that the signature of any authorized officer and seal of the Company heretofore or hereafter affixed to any
power of attorney or any certificate relating thereto by facsimile, and any power of attorney or certificate bearing facsimile
signature or facsimile seal shall be valid and binding upon the Company with respect to any bond or undertaking to which it
is attached. (Adopted at a meeting held on 20'h of April, 1999.)
In Witness Whereof, SURETEC INSURANCE COMPANY has caused these presents to be signed by its President, and its
corporate seal to be hereto affixed this 1 lth day of June, A.D. 2002.
Corporate Seal
State of Texas
County of Harris
\ay�RANOFc+
wv� X 9 13
s= w
ss:
SURETEC INSURANCE COMPANY
By
Joh x, Jr.,
Preside t
On this I Ith day of June A.D. 2002 before me personally came John Knox, Jr., to me known, who, being by me duly sworn, did
depose and say, that he resides in Houston, Texas, that he is President of SURETEC INSURANCE COMPANY, the company
described in and which executed the above instrument; that he knows the seal of said Company; that the seal affixed to said instrument
is such corporate seal; that it was so affixed by order of the Board of Directors of said Company; and that he signed his name thereto
by like order.
3;,,;�• 3, DONNAU.IBAFJE2
= 11 No" PubNa, liMe of Texas ��•
Notary Seal MTconwolaw"INP1142 onna U. Ibanez, Notary, is
JUNE n, 200E My commission expires June 11, 2006
I, Michael P. Whisenant, Vice President and Assistant Secretary of SURETEC INSURANCE COMPANY, do hereby certify that the
above and foregoing is a true and correct copy of a Power of Attorney, executed by said Company, which is still in full force and
' effect; and furthermore, the resolutions of the Board of Directors, set out in the Power of Attorney are in full force and effect.
In Witness Whereof, I have hereunto set my hand and affixed the seal of said Company at Houston, Texas this 6th day of July, 2005,
A.D.
} Corporate Seal
u�?�'vw►�cFo V
cc
w 5 1z Michael P. Whisenant,
Vice President, Assistant Secretary
SureTec Insurance Company
THIS BOND RIDER CONTAINS IMPORTANT COVERAGE INFORMATION
Statutory Comulaint Notice
To obtain information or make a complaint:
You may call the Surety's toll free telephone number for information or to make a complaintat: 148fi6-732-0099
You may also write to the Surety at:
SureTec Insurance Company
5000 Plaza on the Lake, Suite 290
Austin, TX 78746
You may contact the Texas Department of Insurance to obtain information on companies, coverage, rights or
complaints at 1-800-252-3439.
You may write the Texas Department of Insurance at
PO Box 149104
Austin, TX 78714-9104
Fax#: 512A75-1771
PREMIUM OR CLAIM DISPUTES: Should you have a dispute concerning your premium or about a claim, you
should contact the Surety first if the dispute is not resolved, you may contact the Texas Department of
Insurance.
Important Notice Regarding
Terrorism Risk Insurance Act of 2002
In accordance with the Terrorism Risk Insurance Act of 2002 (the "Act'), this disclosure notice is provided for
surety bonds on which one or more of the following companies is the issuing surety: SureTec Insurance
Company, U. S. Specialty Insurance Company, and any other company that is added to SureTec insurance
-- Company for which surety business is underwritten by SureTec Insurance Company ("Issuing Sureties").
The premium attributable to any bond coverage for "acts of terrorism' as defined in Section 102(1) of the Act is
Zero Dollars ($0.00).
The United States will reimburse the Issuing Sureties for ninety percent (90%) of any covered losses from
(' terrorist acts certified under the Act exceeding the applicable surety deductible.
The actual coverage provided by your bond for acts of terrorism, as is true for all coverages, is limited by the
terms, conditions, exclusions, penalties, limits, other provisions of your bond and the underlying contract, any
endorsements to the bond and generally applicable rules of law. This Important Notice Regarding Terrorism
L Insurance Risk Act of 2002 is for informational purposes only and does not create coverage nor become a part
or condition of the attached document.
V,
Exclusion -of Liability for
Mold, Mycotoxins, and Fungi
The Bond to which this Rider Is attached does not provide coverage for, and the surety thereon shall not be
liable for, molds, living or dead fungi, bacteria, allergins, histamines, spores, hyphae, or mycotoxins, or their
related products or parts, nor the remediation thereof, nor the consequences of their occurrence, existence, or
appearance.
_ Rzv 11.11.03
CERTIFICATE OF INSURANCE
JUL-13-2005 02:50PM FROM -MOUSER INSURANCE
+1 806 293 8448 T-105 P.001/002 F-751
Affependeat MOUSER AGENCY
jkto et
10190 1515 W. STH ST. PLAINVIEW, TEXAS 79072 (B06) 293.8441 FAX: (806) 29&8448
Facsimile Transmission
From (806)293-8448
Date: 7 / 20/ 05
To:
City of Lubbock Purchasing Dept.
Attn: Lisa
From: Ross
Number of Pages: 2 (Includes Cover Page)
Re: L. Howard Construction, Inc. W/C CertficAte
Message: Call me if you need anything else Lisa. Thanks. As you can
see at the bottom of the certificate,_ this form was faxed to_(806)775-3027
ou 6/14/05. obviously it didn't find you!! _-_
JUL-1-3-2005 02:50PM FROM -FUSER INSURANCE
+1 806 293 8448 T-105 P.002/002 F-751
,M14 LWT. ULK I INUA I t Ur LIAMLI
l Y INbUKHNI, 06/14/2005
PRODUCER (806)293-8441 FAX (806)293-8448
Mouser Agency
1515 W. 5th
Plainview, TX 79072-7832
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
('MOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
INSURERS AFFORDING COVERAGE
NAIC #
INSURED L. Howard Construction, Inc.
380 FM 54
Abernathy, TX 79311
INsURERA: Texas Mutual Insurance Co.
INSURERS:
INSURER C:
INSURER D:
INSURER E:
THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FORTHE POLICY PERIOD INDICATED. NOTWITHSTANDING
ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR
MAY PERTAIN. THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH
POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS,
INSR
ADE"L
TYPE OF INSURANCE
POLICY NUMBER
POLICY EFFECTIVE
POLICYEXPIRATION
DATE IMMIDD/M
LIMITS
GENERAL WA04UTY
COMMERCIAL GENERAL LIABILITY
CLAIMS MADE ❑ OCCUR
IT
EACH OCCURRENCE
S
DAMAGE TO RENTED
$
XP erm)
MED E(Any one p
S
PERSONAL d ADV INJURY
$
GENERAL AGGREGATE
$
GEN'L AGGREGATE LIMIT APPLIES PER:
POLICY J LOC
PRODUCTS - COMPIOP AGG
S
AIJTOlA091LE
LIABILITY
ANY AUTO
ALL OWNED AUTOS
SCHEDULED AUTOS
HIRED AUTOS
NON-0WNED AUTOS
COMBINED SINGLE LIMB
(Ea accident)
$
BODILY INJURY
(Pe per`)
$
BODILY INJURY
(Per accident)
$
PROPERTY DAMAGE
(Per atidMi)
$
GARAGE LABILITY
ANY AUTO
AUTO ONLY - EA ACCIDENT
$ _
OTHER THAN EA ACC
AUTO ONLY: A=
S
3
EXCE551UM0KELLA LIABILITY
OCCUR F] CLAIMS MADE
DEDUCTIBLE
RETENTIDN 5
EACH OCCURRENCE
S
AGGRE ;ATE
S
$
$
S
A
WORKERS COmPENSATION AND
EMPLOYERS' LIABILITY NERfE
ANYCERM MB R/PAMUDEDXECUTNE
OFFICER/MEMBER EXCLUDED?
Rm dcsftc unocr
SPECIAL PROVISIONS Golow
SF0001082979 20041027
10/27/2004
10/27/2005
�( WC STATU• OTH
E,L,EACH ACCIDENT
s 500 00
E.L. DISEASE -EA EMPLOYE
5 s00,00
E.L. DISEASE- POLICY LIMIT
S 50000
01HER
CIZIPTION OP OPERATIONS I LOCATIONS 1 VEHICLES 1 EXCLU51ON5 ADDED BY ENDORSEMENT 1 SPECIAL PROVISIONS
reITB #05-048-BM
daiver of Subrogation is attached in favor of certificate holder
City of Lubbock
c/o City of Lubbock Purchasing Dept.
1625 13th St., Room 204
Lubbock, TX 79401
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE
EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAUL
lO DAY5 WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,
BUT FAILURE TO NAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY
"-ANrWRffTWPN THE INSURER, IM A13ENj1QR REPRESENTATIVES.
"NORIMASiPRESENTATIVE
ACORD 25 (2001/08) FAX: (806)775-3OZ7
CACORD CORPORATION 1988
' y CERTIFICAT'' OF LIABILITY INSURAN"S
�iv.�►o� r.t�ti
PAiti (MYIODiY1'Y1�
06/14/2005
ttt' PRDMM (806)293-8441 FAX (86uj293-8448 THIS CERTIFICATE 18 IaaJEI
Mouser Agency ONLY AND CONFERS NO RIF
1515 W 5th HOLDER. THIS CERTIFICATE
ALTER THE COVERAGE AFF
Plainview, TX 79072-7832
MATTER OF INFORMATION
PON THE CRRTIFICATE
NOT AMEND. EXTEND OR
INSURERS AFFORDING COVERAGE
. Howar Construct on, Inc. INSURPRA.Republic Vanguard Ins. Co.
380 FM 54 ImmltB: Interstate Fire —A Casual
Abernathy, TX 79311 INSURER C:
R�SLIRBli D:
INSURER 6,
NAIC III
CQVIRRAGIES
THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING
ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAYBE ISSUED OR
MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS. EXCLUSIONS AND CONDITIONS OF SUCH
POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE SEEN REDUCED BY PAID CLAIMS.
IN
TYPE OF NISURANCI
POLICY NUMBER
WommLIMITS
OWMAL LIABILITY
X COMMORCIAL GENERAL LIAIILITY
RGL345793-0
04/30/200S
04 30 2006
RACH OCCURRENCE
S 1 000 1 00(11
OE TO R��
a 100,0001
CLAIMS MOE [D OCCUR
MOD EXP (Any me pal
$ 5.0001
PERSONAL 6 ADV IMJURY
s 1,000,0001
A
GENERAL AWREOATE
Z 000 00
GEWL AGGRBUTG LIMIT APPMU P&R:
PRODUCTS . COMP/OP AGO
i 2 000 OO
L
7 POLICY j Ej L0o
AUTOMOIRU UMNJTY
ANY AUTO
(a..0 �D
(S• -mI sRVG�Q LIMIT
)
s
ALL OWNED Auras
SOMULED AUTOS
BODILY INJURY
(FwQ--)
S
HIRED AUTOS
NON -OWNED AUTOS
oaLLY INJURY
rP-r-aid-N)
I
PI{OPERTV 6
(Per --ddet
i
"RAU LW IIJTY
AUTO ONLY - EA ACCMW
$
ANY AUTO
OTHER THAN EA ACC
AUTO ONLY: AGO
A
$
1,6
EXCESSIUMBRELLA LIABILITY
X OCCUR CWMSMADE
FFX6204193
0 5/05/2005
04/30/2006
EACH OCCURRENCE
$ 2.000.00
AGGREGATE
S 2 000.00
DEDUCTIBLE
X RETENTION s 10,000s
WIORKBRI COWRNOATION AND
WC STA OTH-
PR
IMPLOYERS' LIASILTIY
AN� PROPpRRIIO�TpRA'ARTNERIs)tECUTIVE
Of ICBR/A�EMBER EXCLUDED?
I( c, demrib-ender
S1�ECIAI PROVISIONS below
E.L EADH ACCIO6NT
.--
S
EL DISEASE - EA EMPLOY6
f
E.L DISEASE - POLICY LIMIT
5
OTHER
DESCRIPTION OF OPBRI►floplal1L�OCATIONI 1 VEHICLtb I !]ICLU610Ni APDIID BY �IDORi1WIN T/ iPICIAL PROVIVONS
',it ITB #054"_1114
L Only - Certificate Holder i6 shown as Additional Insured and Waiver of Subrogation attached.
I Only - This insurance is primary and non-contributory, but only to the listed additional insured and
?ply for liability arising frog the insured's negligence, but not for liability arising from the
agligence of the additional insured, or their agents or any other party's negligence. End#M-2010
City of Lubbock
c/o City of Lubbock Purchasing Dept.
1625 13th St., Room 204
Il Lubbock, TX 79401
SHOULD ANY OF THE ABOVE DESCRIBED POLICIRA M CANCELLED BEFORe THE
EXPIRATION DATE THEREOF, THI ISSUING INSURER WALL ENDEAVOR TO MAIL
10 DAYS WRITTM NOTICE TO THE CERTIFICATE HOLDER NAMID TO THE LEFT,
BUT FAIWRE TO MAIL SUCH NOTICE $HALL IMPOSE NO OBLIGATION OR LIABILITY
OF M IOND UPON THE INSURER, ITS AGENTS OR RWRIUNTATIVI6.
'CORD 26 (2001/08) FAX: (806) 775-3027
QPACORD CORPORATION 199E
Hk3
1JLKY•C-10•r-ICTLICERTFIAF AABILITY INSURAW-9
ARODUtitlt 806 Z93-8441 FAX (80u,53-8448 THIS CERTIFICATE IS AS A MATTER
Mouser Agency ONLY AND CONFERS NO RIGHTS UPON THE
HOLDER. THIS CERTIFICATE DOES NOT AMI
1SIS W. 5th ALTER THE COV E AFFORDr
Plainview, TX 79072-7832
r. C/41RIDIYYYY)
06/14/2005
IL INSURERS AFFORDING COVERAGE NAIC 11
lmsuuO L. HowardConstruction,-Inc. HVBUWA; Southern Countx Mutual
380 FM 54 INWROG;
Abernathy, TX 79311 INBURORC;
INSURER DI
INSURER E
�nveoAn�e
THE POLICIES OF INSURANCE LISTED SEL W HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING
-, ANY REOUIREMENT, TERM OR CONDITION OF ANY CONTACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR
MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIDSD HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH
POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS,
INSR
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TYPE OF INSURANCE
POLICY NUMBER
POLkY CTN
PO) ICY EXPIRATION
LIMITS
'
GENERAL LIABILITY
COMMERCIAL GENERAL UABILITY
CLAIMS MADE E OCCUR
EACH OCCURRENCE
$
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PERSONAL & ADV INJURY
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POLIOY JECT LOC
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AUTOMOBILE
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ANY AUTO
ALL D VMED AUTOS
SCHEDULED AUTOS
HIRED AUTOS
NON•ONINEDAUTOS
CT129757
014/01/200S
04/DV2006
COMBINED SINGLE LIMIT
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X
13001LY INJURY
(Pw Pew)
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PROPERTY DAMAGE
(Per 4004enl)
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GARAGE LIABILITY
ANY AUTO
AUTO ONLY - FA ACCIDENT
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0 TN EA ACC
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EXCESSWYERELLA LIABILITY
OCCUR CLAMS MADE
OBOUCTIRIA
RETENTION I
EACH OCCURRENCE
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WORKERS COMPENSATION AND
EMIPLOVeW uAEILHT
A9 PROPRIETORIPARTNEWE XECUTIvE
OPPrPICERIMEINBER 9XCLUPF07
aos dosaibe undo
VIRIAL PROVISIONS below
C T. O -
R.I. EACH ACCIDENT
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E.L. DISEASE • EA EMPLOYE
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E.L DISEASE - POLICY LUUT
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FoumPT�O ( OP t�tRA1'X1Qtl�i_EXCL wc nONa I vamcbm Ausams ADDED BY ENOORNT SEHLI SPECIAL PROV'IONS
irtificate Holder is shown as Additional Insured with Waiver of subrogation attached.
--Please see attached
City of Lubbock
c/o City of Lubbock Purghasing Dept.
1625 13th St., Roan 204
Lubbock, TX 79401
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES SE CANCELLED BEFORE THE
EWRATION OATS THEREOF, THE ISOUING INSURER WILL ENDEAVOR TO AWL
10 DAYS Y WTIN WTTOB TO THE CERTIFICATE HOLDIR NAMED TO THE LEFT,
BUT FAILURE' TO MAIL SUCH NOTICE SHALL IMPOSE NO 05UOATION OR LIABILITY
OF ANY KM UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES.
.ORD 25 (2001106) FAX; (805) 775-3027
I;
CACORD CORPORATION 1988
TE9901B
ADDITIONAL INSURED
This endorsement modifies Insurance provided under the following:
BUSINESS AUTO COVERAGE FORM
GARAGE COVERAGE FORM
' TRUCKERS COVERAGE FORM
This endorsement changes the policy effective on the inception date of the policy unless another date is indicated below:
Endorsement Effective
Policy Number
06-20-05
CT 129757
Named Insured
L. Howard Construction, Inc.
Lonnie Howard, Individual
Countersigned by A&Z-J&.L�
(AutnoKzed fiepresentative)
The provisions and exclusions that apply to LIABILITY COVERAGE also apply to this endorsement.
City of Lubbock; 1625 13th St., Rm 204;•Lubbock, TX 794gl
(Enter Name and Address of Additlonal Insured.)
is an Insured, but only with respect to legal responsibility for acts or omissions of a person for whom Liability
Coverage Is afforded underlthis policy.
The additional insured is not required to pay for any premiums stated In the policy or earned from the pollcy.Any
return premium and any dMdend, if applicable, declared by us shall be paid to you.
You are authorized to act for the additional Insured in all matters pertaining to this insurance.
We will mail the additional insured notice of any cancellation of this pollcy.lthe cancellation is by us, we will give ten
days notice to the additional insured.
The additional Insured will.retaln any right of recovery as a claimant under this policy,
FORM TE 99 018 - ADDITIONAL INSURED
Texas §tandard Automobile Endorsement
Prescribed March te, 1992
CONTRACTOR CHECKLIST
A CONTRACTOR SHALL:
(1) provide coverage for its employees providing services on a project, for the duration of the project based
on proper reporting of classification codes and payroll amounts and filling of any coverage agreements;
(2) provide a certificate of coverage showing workers' compensation coverage to the governmental entity
F! prior to beginning work on the project;
(3) provide the governmental entity, prior to the end of the coverage period, a new certificate of coverage
showing extension of coverage, if the coverage period shown on the contractor's current certificate of
coverage ends during the duration of the project;
(4) obtain from each person providing services on a project, and provide to the governmental entity:
(A) a certificate of coverage, prior to that person beginning work on the project, so the governmental
entity will have on file certificates of coverage showing coverage for all persons providing
services on the project; and
(B) no later than seven days after receipt by the contractor, a new certificate of coverage showing
extension of coverage, if the coverage period shown on the current certificate of coverage ends
during the duration of the project;
(5) retain all required certificates of coverage on file for the duration of the project and for one year
thereafter;
(6) notify the governmental entity in writing by certified mail or personal delivery, within ten (10) days after
the contractor knew or should have known, of any change that materially affects the provision of
coverage of any person providing services on the project;
(7) post a notice on each project site informing all persons providing services on the project that they are
required to be covered, and stating how a person may verify current coverage and report failure to provide
coverage. This notice does not satisfy other posting requirements imposed by the Act or other
commission rules. This notice must be printed in at least 19-point normal type, and shall be in both
English and Spanish and any other language common to the worker population. The text for the notices
shall be the following text provided by the commission on the sample notice, without any additional
words or changes:
PROOF OF COVERAGE SHALL BE FURNISHED TO THE CITY OF LUBBOCK IN THE FORM OF A
CERTIFICATE OF INSURANCE. THE INSURANCE CERTIFICATES FURNISHED SHALL NAME THE
CITY OF LUBBOCK AS A PRIMARY ADDITIONAL INSURED AND PROVIDE A WAIVER OF
SUBROGATION IN FAVOR OF THE CITY OF LUBBOCK, OR IN THE ALTERNATIVE, SHALL BE
ACCOMPANIED BY A STATEMENT FROM THE CONTRACTOR TO THE EFFECT THAT NO WORK ON
THIS PARTICULAR PROJECT SHALL BE SUBCONTRACTED. IT SHALL BE THE CONTRACTOR'S
RESPONSIBILITY TO PROVIDE TO THE OWNER ALL PROOF OF COVERAGE INSURANCE
DOCUMENTS INCLUDING WORKERS COMPENSATION COVERAGE FOR EACH SUBCONTRACTOR.
REQUIRED WORKERS' COMPENSATION COVERAGE
"The law requires that each person working on this site or providing services related to this construction project must (see
reverse) be covered by workers' compensation insurance. This includes persons providing, hauling, or delivering
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)440- 3789 to receive information on the
legal requirement for coverage, to verify whether your employer has provided the required coverage, or to
report an employer's failure to provide coverage." and
(8) contractually require each person with whom it contracts to provide services on a project, to:
(A) provide coverage based on proper reporting of classification codes and payroll amounts and
filing of any coverage agreements for all of its employees providing services on the project, for
the duration of the project;
(B) provide a certificate of coverage to the contractor prior to that person beginning work on the
project;
(C) include in all contracts to provide services on the project the language in subsection (e) (3) of
this rule;
(D) provide the contractor, prior to the end of the coverage period, a new certificate of coverage
showing extension of coverage, if the coverage period shown on the current certificate of
coverage ends during the duration of the project;
(E) obtain from each other person with whom it contracts, and provide to the contractor:
(i) a certificate of coverage, prior to the other person beginning work on the project; and
(ii) prior to the end of the coverage period, a new certificate of coverage showing extension of the
coverage period, if the coverage period shown on the current certificate of coverage ends during
the duration of the project;
(F) retain all required certificates of coverage on file for the duration of the project and for one year
thereafter;
(G) notify the governmental entity in writing by certified mail or personal delivery, within (ten) 10
days after the person knew or should have known, of any change that materially affects the
provision of coverage of any person providing services on the project; and
(H) contractually require each other person with whom it contracts, to perform as required by
paragraphs (A) - (IT), with the certificate of coverage to be provided to the person for whom they
are providing services. D.
1
it
XONLIM-174M
I
r
CONTRACT
#5935
STATE OF TEXAS
COUNTY OF LUBBOCK
THIS AGREEMENT, made and entered into this 23RD day of JUKE, 2005 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 L. HOWARD CONSTRUCTION INC. of the City of ABERNATHY,
County of HALE and the State of TEXAS hereinafter termed CONTRACTOR.
WITNESSETH: That for and in consideration of the payments and agreements hereinafter mentioned, to be made and
performed by the OWNER and under the conditions expressed in the bond bearing even date herewith (if any) the
CONTRACTOR hereby agrees with OWNER to commence and complete the construction of certain improvements
described as follows:
BID #05-045-BM - REHABILITATE SEWER LIFT STATION #31- $247,139.50
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 Condition of Agreement. L. HOWARD CONSTRUCTION, INC.'s bid dated
MAY 11, 2005 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 WI
Texas in the year and
CITY OF
the parties to these presents have executed this agreement in Lubbock, Lubbock County,
above written.
(OWNER):
By: v W
AYOR
ATT
City Secr tart' _
APPROVED AS TO ONTENT:
Wo ra n, Interim Chief Engineer
Sherry Stephens, termm Director of Public Works
APPROVED AS TO FORM:
Attorney
CONTRACTOR:
L. HOWARD CONSTRUCTION, INC.
1
By: PRINTED �M
N & E:
TITLE: I �@ d
COMPLETE ADDRESS:
L. Howard Construction, Inc.
380 FM 54
Abernathy, Texas 79311
EST:
0 orate Secretary
1
GENERAL CONDITIONS OF THE AGREEMENT
GENERAL CONDITIONS OF THE AGREEMENT
OWNER
Whenever the word Owner, or First Party, are used in this contract, it shall be understood as referring to the City
of Lubbock, Texas.
2. CONTRACTOR
Whenever the word Contractor, or Second Party, is used, it shall be understood to mean the person, persons, co-
partnership or corporation, to wit L. HOWARD CONSTRUCTION, INC. who has agreed to perform the work
embraced in this contract, or their legal representative.
OWNER'S REPRESENTATIVE
Whenever the word Owner's Representative or representative is used in this contract, it shall be understood as
referring to, City of Lubbock, or its representative L. WOOD FRANKLIN, INTERIM CHIEF ENGINEER,
so designated who will inspect constructions; or to such other representatives, supervisors, architects, engineers,
or inspectors as may be authorized by said Owner to act in any particular under this agreement. Engineers,
supervisors or inspectors will act for the Owner under the direction of Owner's Representative, but shall not
directly supervise the Contractor or persons acting on behalf of the Contractor.
4. CONTRACT DOCUMENTS
The contract's documents shall consist of the Notice to Bidders, General Instructions to Bidders, Bid, Signed
Agreement, Statutory Bonds (if required), General Conditions of the Agreement, Special Conditions of the
Agreement (if any), Specifications, Plans, Insurance Certificates, and all other documents made available to
Bidder for inspection in accordance with the Notice to Bidders. The above described materials are sometimes
referred to herein as the "contract" or "contract documents".
INTERPRETATION OF PHRASES
Whenever the words "Directed," "Permitted," "Designated," "Required," "Considered Necessary," "Prescribed,"
or words of like import are used, it shall be understood that the direction, requirement, permission, order,
designation or prescription of the Owner's Representative is intended; and similarly, the words "Approved,"
"Acceptable," "Satisfactory," or words of like import shall mean approved by or acceptable or satisfactory to the
Owner's Representative.
6. SUBCONTRACTOR
The term Subcontractor, as employed herein, includes only those having a direct contract with the Contractor for
performance of work on the project contemplated by these contract documents. Owner shall have no
responsibility to any Subcontractor employed by Contractor for performance of work on the project contemplated
by these contract documents, but said Subcontractors will look exclusively to Contractor for any payments due
Subcontractor.
7. WRITTEN NOTICE
Written notice shall be deemed to have been duly served if delivered in person to the individual or to a member
of the firm or to an officer of the corporation for whom it is intended, or if delivered at or sent certified mail to
the last business address known to the party who gives the notice.
8. CONTRACTOR'S RESPONSIBILITIES
Unless otherwise stipulated, the Contractor shall provide and pay for all materials, supplies, machinery,
equipment, tools, superintendence, labor, insurance, and all water, light, power, fuel, transportation and all other
facilities necessary for the execution and completion of the work covered by the contract documents. Unless
otherwise specified, all materials shall be new and both workmanship and materials shall be of a good quality.
The Contractor shall, if required, furnish satisfactory evidence as to the kind and quality of materials. Materials
or work described in words which so applied have well known, technical or trade meaning shall be held to refer
such recognized standards.
All work shall be done and all materials furnished in strict conformity with the contract documents.
9. SUBSTANTIALLY COMPLETED
The term "Substantially Completed" is meant that the structure or project contemplated by the contract
documents has been made suitable for use or occupancy or the facility is in a condition to serve its intended
purpose, but still may require minor miscellaneous work and adjustment.
10. LAYOUT
Except as specifically provided herein, the Contractor shall be responsible for laying out all work and shall
accomplish this work in a manner acceptable to the Owner's Representative. The Owner's Representative will
check the Contractor's layout of all major structures and any other layout work done by the Contractor at
Contractor's request, but this check does not relieve the Contractor of the responsibility of correctly locating all
work in accordance with the Plans and Specifications.
11. KEEPING OF PLANS AND SPECIFICATIONS ACCESSIBLE
The Contractor shall be furnished copies of all Plans and Specifications without expense to Contractor and
Contractor shall keep one copy of same consistently accessible on the job site. i-..
12. RIGHT OF ENTRY
The Owner's Representative may make periodic visits to the site to observe the progress or quality of the
executed work and to determine, in general, if the work is proceeding in accordance with the contract documents.
Owner's Representative will not be required to make exhaustive or continuous onsite inspections to check the
quality or quantity of the work, nor will Owner's Representative be responsible for the construction means,
methods, techniques, sequences or procedures, or the safety precautions incident thereto. Notwithstanding the
Owner's Representative's rights of entry hereunder, the Owner's Representative will not be responsible for the
Contractor's failure to perform the work in accordance with the Contract Documents.
13. LINES AND GRADES
All lines and grades shall be furnished by the Owner's Representative 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
2
"
7. WRITTEN NOTICE
Written notice shall be deemed to have been duly served if delivered in person to the individual or to a member of
the firm or to an officer of the corporation for whom it is intended, or if delivered at or sent certified mail to the
last business address known to the party who gives the notice.
8. CONTRACTOR'S RESPONSIBILITIES
Unless otherwise stipulated, the Contractor shall provide and pay for all materials, supplies, machinery,
equipment, tools, superintendence, labor, insurance, and all water, light, power, fuel, transportation and all other
facilities necessary for the execution and completion of the work covered by the contract documents. Unless
otherwise specified, all materials shall be new and both workmanship and materials shall be of a good quality.
The Contractor shall, if required, furnish satisfactory evidence as to the kind and quality of materials. Materials
or work described in words which so applied have well known, technical or trade meaning shall be held to refer
such recognized standards.
All work shall be done and all materials furnished in strict conformity with the contract documents.
.Y 9. SUBSTANTIALLY COMPLETED
The term "Substantially Completed" is meant that the structure or project contemplated by the contract documents
has been made suitable for use or occupancy or the facility is in a condition to serve its intended purpose, but still
may require minor miscellaneous work and adjustment.
10. LAYOUT
Except as specifically provided herein, the Contractor shall be responsible for laying out all work and shall
accomplish this work in a manner acceptable to the Owner's Representative. The Owner's Representative will
check the Contractor's layout of all major structures and any other layout work done by the Contractor at
Contractor's request, but this check does not relieve the Contractor of the responsibility of correctly locating all
work in accordance with the Plans and Specifications.
11. KEEPING OF PLANS AND SPECIFICATIONS ACCESSIBLE
The Contractor shall be furnished copies of all Plans and Specifications without expense to Contractor and
Contractor shall keep one copy of same consistently accessible on the job site.
. s 12. RIGHT OF ENTRY
The Owner's Representative may make periodic visits to the site to observe the progress or quality of the executed
work and to determine, in general, if the work is proceeding in accordance with the contract documents. Owner's
Representative will not be required to make exhaustive or continuous onsite inspections to check the quality or
quantity of the work, nor will Owner's Representative be responsible for the construction means, methods,
techniques, sequences or procedures, or the safety precautions incident thereto. Notwithstanding the Owner's
Representative's rights of entry hereunder, the Owner's Representative will not be responsible for the Contractor's
failure to perform the work in accordance with the Contract Documents.
13. LINES AND GRADES
All lines and grades shall be furnished by the Owner's Representative 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
._ 2
will be as brief as practical and Contractor shall be allowed no extra compensation therefore. The Contractor
shall give the Owner's Representative ample notice of the time and place where lines and grades will be needed.
All stakes, marks, etc., shall be carefully preserved by the Contractor, and in case of careless destruction or
removal by Contractor, its Subcontractors, or its employees, such stakes, marks, etc., shall be replaced by the
Owner's Representative at Contractor's expense.
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
finished and said work is done in accordance with the specifications therefore. The Contractor shall finish all
reasonable aid and assistance required by the subordinate engineers, supervisors or inspectors for the proper
inspection and examination of the work. The Contractor shall regard and obey the directions and instructions of
any subordinate engineers, supervisors or inspectors so appointed, when such directions and instructions are
consistent with the obligations of this Agreement and accompanying plans and specifications provided, however,
should the Contractor object to any orders by any subordinate engineer, supervisor or inspector, the Contractor
may within fifteen (15) calendar days make written appeal to the Owner's Representative for its decision. In the
absence of timely written objection by Contractor, as provided herein, any and all objection or objections shall be
deemed waived.
16. CONTRACTOR'S DUTY AND SUPERINTENDENCE
The Contractor shall give personal attention to the faithful prosecution and completion of this contract and shall
keep on the work, during its progress, a competent superintendent and any necessary assistants, all satisfactory to
Owner's Representative. The superintendent shall represent the Contractor in its absence and all directions given
to superintendent shall be binding as if given to the Contractor. It is expressly agreed that adequate supervision
by competent and reasonable representatives of the Contractor is essential to the proper performance of the work
and lack of such supervision shall be grounds for suspending operations of the Contractor.
The work, from its commencement to completion, shall be under the exclusive charge and control of the
Contractor and all risk in connection therewith shall be borne by the Contractor.
The Owner or Owner's Representatives shall not be responsible for the acts or omissions of the Contractor, or any
subcontractors, or any of Contractor's agents or employees, or any other persons performing any of the work.
17. CONTRACTOR'S UNDERSTANDING
It is understood and agreed that the Contractor has, by careful examination, satisfied itself as to the nature and
location of the work, the confirmation of the ground, the character, quality and quantity of materials to be
encountered, the character of equipment and facilities needed preliminary to and during the prosecution of the
work, and the general and local conditions, and all other matters which in any way affect the work under the
contract documents. No oral agreement or conversation with any officer, agent, or employee of the Owner, or
Owner's Representative either before or after the execution of this contract, shall affect or modify any of the
terms or obligations herein contained. Subject to the rights of Owner as set forth in Paragraph 23 hereof, all
modifications and/or amendments to the contract documents, shall be in writing, and executed by Owner's
Representative and Contractor.
Unless otherwise specified herein, all loss, expense or damage to Contractor arising out of the nature of the work
ij j to be done, or from the action of the elements, or from any unforeseen circumstance and the prosecution of the
work, shall be sustained and borne by the Contractor at its own cost and expense.
18. CHARACTER OF WORKERS
The Contractor agrees to employ only orderly and competent workers, skillful in the performance in the type of
work required under this contract, to do the work; and agrees that whenever the Owner's Representative shall
inform Contractor in writing that any man or men on the work, are, in Owner's Representative's sole opinion,
incompetent, unfaithful, disorderly, or otherwise unacceptable to Owner or Owner's Representative, such man or
men shall be discharged from the work and shall not again be employed on the work without the Owner's
Representative's written consent.
_ 19. CONSTRUCTION PLANT
The Contractor shall provide all labor, tools, equipment, machinery and materials necessary in the prosecution
and completion of this contract where it is not otherwise specifically provided that Owner shall furnish same, and
Y it is also understood that Owner shall not be held responsible for the care, preservation, conservation, or
protection of any materials, tools, equipment or machinery or any part of the work until it is finally completed and
�. accepted.
The building of structures for the housing of men or equipment will be permitted only at such places as the
Owner's Representative shall consent or direct, and the sanitary conditions of the grounds in or about such
structure shall at all times be maintained in a manner satisfactory to the Owner's Representative.
20. SANITATION
Necessary sanitary conveniences for the use of laborers on the work site, properly secluded from public
observation, shall be constructed and maintained by the Contractor in such manner and at such points as shall be
a approved by the Owner's Representative and their use shall be strictly enforced.
21. OBSERVATION AND TESTING
The Owner or Owner's Representative shall have the right at all times to observe and test the work. Contractor
shall make necessary arrangements and provide proper facilities and access for such observation and testing at any
location wherever such work is in preparation or progress. Contractor shall ascertain the scope of any observation
that may be contemplated by Owner or Owner's Representative and shall give ample notice as to the time each
part of the work will be ready for such observation. Owner or Owner's Representative may reject any such work
found to be defective or not in accordance with the contract documents, regardless of the stage of its completion
or the time or place of discovery of such errors and regardless of whether Owner's Representative has previously
accepted the work 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
1.... 4
where it is not convenient for Owner or Owner's Representative to make observations of such work or require
testing of said work, then in such event Owner or Owner's Representative may require Contractor to furnish
Owner or Owner's Representative certificates of inspection, testing or approval made by persons competent to
perform such tasks at the location where that part of the work is being manufactured or fabricated. All such tests
{ will be in accordance with the methods prescribed by the American Society for Testing and Materials or such
other applicable organization as may be required by law or the contract documents.
If any such work which is required to be inspected, tested, or approved is covered up without written approval or
consent of the Owner or Owner's Representative, it must, if requested by the Owner or Owner's Representative, be
uncovered for observation and testing at the Contractor's expense. The cost of all such inspections, tests and
approvals shall be bome by the Contractor unless otherwise provided herein. Any work which fails to meet the
requirements of any such tests, inspections or approvals, and any work which meets the requirements of any such
tests or approvals but does not meet the requirements of the contract documents shall be considered defective,
and shall be corrected at the Contractor's expense.
Neither observations by the Owner or Owner's Representative, nor inspections, tests, or approvals made by
Owner, Owner's Representative, or other persons authorized under the contract documents to make such
inspections, tests, or approvals shall relieve the Contractor from its obligation to perform the work in accordance
with the requirements of the contract documents.
22. DEFECTS AND THEIR REMEDIES
It is expressly agreed that if the work or any part thereof, or any material brought on the site of the work for use in
the work or selected for the same, shall be deemed by the Owner or Owner's Representative as unsuitable or not in
{, conformity with plans, specifications and/or contract documents, the Contractor shall, after receipt of written
_. notice thereof from the Owner's Representative, forthwith remove such material and rebuild or otherwise remedy
such work so that it shall be in full accordance with the contract documents. It is further agreed that any remedial
action contemplated as hereinabove set forth shall be at Contractor's expense.
23. CHANGES AND ALTERATIONS
The Contractor further agrees that the Owner may make such changes and alterations as the Owner may see fit, in
the line, grade, form dimensions, plans or materials for the work herein contemplated, or any part thereof, either
before or after the beginning of the construction, without affecting the validity of this contract and the
accompanying bond.
If such changes or alterations diminish the quantity of the work to be done, they shall not constitute the basis for a
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
LJ The term "extra work" as used in this contract shall be understood to mean and include all work that may be
required by the Owner or Owner's Representative to be done by the Contractor to accomplish any change,
alteration or addition to the work as shown on the plans and specifications or contract documents and not covered
by Contractor's bid, except as provided under Changes and Alterations herein.
It is agreed that the Contractor shall perform all extra work under the direction of the Owner's Representative
when presented with a written work order signed by the Owner's Representative; subject, however, to the right of
the Contractor to require written confirmation of such extra work order by the Owner. It is also agreed that the
compensation to be paid to the Contractor for performing said extra work shall be determined by the following
methods:
Method (A) - By agreed unit prices; or
Method (B) - By agreed lump sum; or
Method (C) - If neither Method (A) or Method (B) be agreed upon before the extra work is
commenced, then the Contractor shall be paid the lesser of the following: (1) actual field
cost of the extra work, plus fifteen (15%) percent; or (2) the amount that would have been
charged by a reasonable and prudent Contractor as a reasonable and necessary cost for
performance of the extra work.
In the event said extra work be performed and paid for under Method (C)(1), then the provisions of this paragraph
shall apply and the "actual field cost" is hereby defined to include the cost of all workmen, such as foremen,
timekeepers, mechanics and laborers, materials, supplies, teams, trucks, rentals on machinery and equipment, for
the time actually employed or used on such extra work, plus actual transportation charges necessarily incurred,
together with all expenses incurred directly on account of such extra work, including Social Security, Old Age
Benefits, Maintenance Bonds, Public Liability and Property Damage and Workers' Compensation and all other
insurances as may be required by law or ordinances or directed by the Owner or Owner's Representative, or by
them agreed to. Owner's Representative may direct the form in which accounts of the actual field cost shall be
kept and records of these accounts shall be made available to the Owner's Representative. The Owner's
Representative may also specify in writing, before the work commences, the method of doing the work and the
type and kind of machinery and equipment to be used; otherwise, these matters shall be determined by the
Contractor. Unless otherwise agreed upon, the prices for the use of machinery and equipment shall be determined _
by using 100%, unless otherwise specified, of the latest Schedule of Equipment and Ownership Expenses adopted
by the Associated General Contractors of America. Where practical, the terms and prices for the use of
machinery and equipment shall be incorporated in the written extra work order. The fifteen percent (15%) of the
actual field cost to be paid to Contractor shall cover and compensate Contractor for its profit, overhead, general
superintendence and field office expense, and all other elements of cost and expense not embraced within the
actual field cost as herein defined, save that where the Contractor's Camp or Field Office must be maintained
primarily on account of such Extra Work, then the cost to maintain and operate the same shall be included in the
"actual field cost."
No claim for extra work of any kind will be allowed unless ordered in writing by Owner's Representative. In case
any orders or instructions appear to the Contractor to involve extra work for which Contractor should receive
compensation or an adjustment in the construction time, Contractor shall prior to commencement of such extra
work, make written request to the Owner's Representative for a written order authorizing such extra work. Should
a difference of opinion arise as to what does or does not constitute extra work or as to the payment therefore, and
the Owner's Representative insists upon its performance, the Contractor shall proceed with the work after making
written request for written order and shall keep adequate and accurate account of the actual field cost thereof, as
provided under Method (C)(1). If Contractor does not notify Owner's Representative before the commencement
of any extra work, any claim for payment due to alleged extra work shall be deemed waived.
25. DISCREPANCIES AND OMISSIONS
It is further agreed that it is the intent of the contract documents that all work described in the bid, the
specifications, plans and other contract documents, is to be done for the prices quoted by the Contractor and that
7 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
6
clarification obtained before the bids are received, and if no such notice is received by the Owner's
Representative prior to the opening of bids, then it shall be deemed that the Contractor fully understands
the work to be included and has provided sufficient sums in its bid to complete the work in accordance with
these plans and specifications. If Contractor does not notify Owner's Representative before bidding of any
discrepancies or omissions, then it shall be deemed for all purposes that the plans and specifications are
sufficient and adequate for completion of the project. It is further agreed that any request for clarification
must be submitted no later than five (5) calendar days prior to the opening of bids.
- 26. RIGHT OF OWNER TO MODIFY METHODS AND EQUIPMENT
If at any time the methods or equipment used by the Contractor are found to be inadequate to secure the quality of
work with the rate of progress required under this contract, the Owner or Owner's Representative may order the
Contractor in writing to increase their safety or improve their character and efficiency and the Contractor shall
comply with such order.
If, at any time, the working force of the Contractor is inadequate for securing the progress herein specified, the
Contractor shall, if so ordered in writing, increase its force or equipment, or both, to such an extent as to give
reasonable assurance of compliance with the schedule of progress.
27. PROTECTION AGAINST ACCIDENT TO EMPLOYEES AND THE PUBLIC AND GENERAL INDEMNITY
The Contractor shall take out and procure a policy or policies of Workers' Compensation Insurance with an
insurance company licensed to transact business in the State of Texas, which policy shall comply with the
Workers' Compensation laws of the State of Texas. The Contractor shall at all times exercise reasonable
precaution for the safety of employees and others on or near the work and shall comply with all applicable
provisions of federal, state and municipal laws and building and construction codes. All machinery and
equipment and other physical hazards shall be guarded in accordance with the "Manual of Accident Prevention in
Construction" of Associated General Contractors of America, except where incompatible with federal, state or
municipal laws or regulations. The Contractor, its sureties and insurance carriers shall defend, indemnify and
hold harmless the Owner and all of its officers, agents and employees against any all losses, costs, damages,
expenses, liabilities, claims and/or causes of action, whether known or unknown, fixed, actual, accrued or
contingent, liquidated or unliquidated, including, but not limited to, attorneys' fees and expenses, in connection
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
y: 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 will be provided ten (10) calendar days in advance of cancellation or change.
All policies of insurance, required herein, including policies of insurance required to be provided by Contractor
and its subcontractors, shall contain a waiver of any and all of the insurer's or payor's, in the event of self-
insurance, rights to subrogation that any such insurer or payor, in the event of self-insurance, may acquire by
virtue of payment of any loss under such insurance or self-insurance. All certificates of insurance submitted to
the City in conformity with the provisions hereof shall establish such waiver.
( 7
"
The Contractor shall procure and carry at its sole cost and expense through the life of this contract, insurance
protection as hereinafter specified. Coverage in excess of that specified herein also shall be acceptable. Such
insurance shall be carried with an insurance company authorized to transact business in the State of Texas and
shall cover all operations in connection with this contract, whether performed by the Contractor or a
subcontractor, or separate policies shall be provided covering the operation of each subcontractor. A certificate of
insurance specifying each and all coverages shall be submitted prior to contract execution.
PROOF OF COVERAGE SHALL BE FURNISHED TO THE CITY OF LUBBOCK IN THE FORM OF A
CERTIFICATE OF INSURANCE ALONG WITH A COPY OF THE ADDITIONAL INSURED
ENDORSEMENT. THE INSURANCE CERTIFICATES FURNISHED SHALL NAME THE CITY OF
LUBBOCK AS A PRIMARY ADDITIONAL INSURED AND PROVIDE A WAIVER OF
SUBROGATION IN FAVOR OF THE CITY OF LUBBOCK AS REQUIRED BELOW, OR IN THE
ALTERNATIVE, SHALL BE ACCOMPANIED BY A STATEMENT FROM THE CONTRACTOR TO
THE EFFECT THAT NO WORK ON THIS PARTICULAR PROJECT SHALL BE SUBCONTRACTED.
IT SHALL BE THE CONTRACTOR'S RESPONSIBILITY TO PROVIDE TO THE OWNER ALL
PROOF OF COVERAGE INSURANCE DOCUMENTS INCLUDING WORKERS COMPENSATION
COVERAGE FOR EACH SUBCONTRACTOR.
A. General Liability Insurance (Primary Additional Insured and Waiver of Subrogation required)
The contractor shall have Comprehensive General Liability Insurance with limits of $1,000,000
Combined Single Limit in the aggregate and per occurrence to include:
General Aggregate
B. Owner's and Contractor's Protective Liability Insurance.
For bodily injuries, including accidental death and or property damage, 0 Combined Single Limit. This
policy shall be submitted prior to contract execution.
C. Comprehensive Automobile Liability Insurance (Primary Additional Insured and 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. The City is to be
named as a primary additional insured on this policy for this specific job and copy of the endorsement
doing so is to be attached to the Certificate of Insurance.
D. Builder's Risk Insurance/Installation Floater Insurance.
The Contractor shall obtain a Builder's Risk policy in the amount of 0% of the total contract price (100%
of potential loss) naming the City of Lubbock as insured.
E. Umbrella Liability Insurance (Primary Additional Insured and Waiver of Subrogation required)
The Contractor shall have Umbrella Liability Insurance in the amount of $0 on all contracts with coverage
to correspond with Comprehensive General Liability and Comprehensive Automobile Liability
coverages.
F. Worker's Compensation and Employers Liability Insurance (Waiver of Subrogation required)
Worker's Compensation Insurance covering all employees whether employed by the Contractor or any
Subcontractor on the job with Employers Liability of at least $500,000.
1. Definitions:
Certificate of coverage ("certificate") - A copy of a certificate of insurance, a certificate of
authority to self -insure issued by the commission, or a coverage agreement (TWCC-81, TWCC-
82, TWCC-83, or TWCC-84), showing statutory workers' compensation insurance coverage for
the person's or entity's employees providing services on a project, for the duration of the project.
Duration of the project - includes the time from the beginning of the work on the project until the
Contractor's/person's work on the project has been completed and accepted by the governmental
entity.
Persons providing services on the project ("subcontractor" in Section-406.096, Texas Labor
Code) - includes all persons or entities performing all or part of the services the Contractor has
undertaken to perform on the project, regardless of whether that person contracted directly with
the Contractor and regardless of whether that person has employees. This includes, without
limitation, independent contractors, subcontractors, leasing companies, motor carriers, owner -
operators, employees of any such entity, or employees of any entity which furnishes persons to
provide services on the project. "Services" include, without limitation, providing, hauling, or
delivering equipment or materials, or providing labor, transportation, or other service related to a
project. "Services" does not include activities unrelated to the project, such as food/beverage
vendors, office supply deliveries, and delivery of portable toilets.
2. The Contractor shall provide coverage, based on proper reporting of classification codes and
payroll amounts and filing of any coverage agreements, which meets the statutory requirements
of Texas Labor Code, Section 401.011(44) for all employees of the contractor providing services
on the project, for the duration of the project.
3. The Contractor must provide a certificate of coverage to the governmental entity prior to being
awarded the contract.
4. If the coverage period shown on the Contractor's current certificate of coverage ends during the
duration of the project, the Contractor must, prior to the end of the coverage period, file a new
certificate of coverage with the governmental entity showing that coverage has been extended.
5. The Contractor shall obtain from each person providing services on the project, and provide to
the 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
._s 9
(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;
(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.
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10. By signing this contract or providing or causing to be provided a certificate of coverage, the
Contractor is representing to the governmental entity that all employees of the Contractor who
will provide services on the project will be covered by worker's compensation coverage for the
duration of the project, that the coverage will be based on proper reporting of classification codes
and payroll amounts, and that all coverage agreements will be filed with the appropriate insurance
carrier or, in the case of a self -insured, with the commission's Division of Self -Insurance
Regulation. Providing false or misleading information may subject the Contractor to
administrative penalties, criminal penalties, civil penalties, or other civil actions.
11. The Contractor's failure to comply with any of these provisions is a breach of contract by the
Contractor which entitles the governmental entity to declare the contract void if the Contractor
does not remedy the breach within ten days after receipt of notice of breach from the
governmental entity.
G. Proof of Coverage
Before work on this contract is commenced, each Contractor and subcontractor shall submit to the Owner
for approval five Certificates of Insurance covering each insurance policy carried and offered as evidence
of compliance with the above insurance requirements, signed by an authorized representative of the
insurance company setting forth:
(1) The name and address of the insured.
(2) The location of the operations to which the insurance applies.
(3) The name of the policy and type or types of insurance in force thereunder on the date bome 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;
L (b) provide a certificate of coverage showing workers' compensation coverage to the
governmental entity prior to beginning work on the project;
_3
(c) provide the governmental entity, prior to the end of the coverage period, a new certificate
of coverage showing extension of coverage, if the coverage period shown on the
Contractor's current certificate of coverage ends during the duration of the project;
(d) obtain from each person providing services on a project, and provide to the governmental
entity:
(i) a certificate of coverage, prior to that person beginning work on the project, so
the governmental entity will have on file certificates of coverage showing
coverage for all persons providing services on the project; and
(ii) no later than seven days after receipt by the Contractor, a new certificate of
coverage showing extension of coverage, if the coverage period shown on the
current certificate of coverage ends during the duration of the project;
(e) retain all required certificates of coverage on file for the duration of the project and for
one year thereafter;
(f) notify the governmental entity in writing by certified mail or personal delivery, within 10
days after the Contractor knew or should have known, of any change that materially
affects the provision of coverage of any person providing services on the project;
(g) post a notice on each project site informing all persons providing services on the project
that they are required to be covered, and stating how a person may verify current
coverage and report failure to provide coverage. This notice does not satisfy other
posting requirements imposed by the Texas Worker's Compensation Act or other
commission rules. This notice must be printed with a title in at least 30 point bold type
and text in at least 19 point normal type, and shall be in both English and Spanish and
any other language common to the worker population. The text for the notices shall be
the following text provided by the commission on the sample notice, without any
additional words or changes:
REQUIRED WORKERS' COMPENSATION COVERAGE
"The law requires that each person working on this site or providing services related to
this construction project must be covered by workers' compensation insurance. This
includes persons providing, hauling, or delivering equipment or materials, or providing
labor or transportation or other service related to the project, regardless of the identity
of their employer or status as an employee. "
"Call the Texas Workers' Compensation Commission at 8001372-7713 or 5121804-
4000 (http✓/www.twcc.state.tr us/twcccontacts.htnt to receive information of the
legal requirements for coverage, to verify whether your employer has provided the
required coverage, or to report an employer's failure to provide coverage, " and
(h) contractually require each person with whom it contracts to provide services on a project,
to:
(i) provide coverage based on proper reporting of classification codes and payroll
amounts and filing of any coverage agreements for all of its employees providing
services on the project, for the duration of the project;
(ii) provide a certificate of coverage to the Contractor prior to that person beginning
work on the project;
(iii) include in all contracts to provide services on the project the following language:
`By signing this contract or providing or causing to be
provided a certificate of coverage, the person signing this
contract is representing to the governmental entity that all
employees of the person signing this contract who will
provide services on the project will be covered by workers'
compensation coverage for the duration of the project, that
the coverage will be based on proper reprinting of
12
classification codes and payroll amounts, and that all
coverage agreements will be filed with the appropriate
insurance carrier or, in the case of a self -insured, with the
commission's Division of Self -Insurance Regulation.
Providing false or misleading information may subject the
Contractor to administrative penalties, criminal penalties,
civil penalties, or other civil actions.'
(iv) provide the Contractor, prior to the end of the coverage period, a new certificate
of coverage showing extension of coverage, if the coverage period shown on the
current certificate of coverage ends during the duration of the project;
(v) obtain from each other person with whom it contracts, and provide to the
Contractor:
(1) a certificate of coverage, prior to the other person beginning work on the
project; and
(2) prior to the end of the coverage period, a new certificate of coverage
showing extension of the coverage period, if the coverage period shown
on the current certificate of coverage ends during the duration of the
project;
(vi) retain all required certificates of coverage on file for the duration of the project
and for one year thereafter;
(vii) notify the governmental entity in writing by certified mail or personal delivery,
within 10 days after the person knew or should have known, of any change that
materially affects the provision of coverage of any person providing services on
the project; and
(viii) contractually require each other person with whom it contracts, to perform as
required by paragraphs (i)-(viii), with the certificate of coverage to be provided
to the person for whom they are providing services.
29. DISABLED EMPLOYEES
Contractors having more than fifteen (15) employees agree to comply with the Americans with Disabilities Act of
1990, and agree not to discriminate against a qualified individual with a disability because of the disability of
such individual in regard to job application procedures, the hiring, advancement, or discharge of employees,
employee compensation, job training, and other terms, conditions, and privileges of employment.
30. PROTECTION AGAINST CLAIMS OF SUBCONTRACTORS LABORERS MATERIALMEN AND
FURNISHERS OF MACHINERY, EQUIPMENT AND SUPPLIES
Without limiting, in any way, manner or form, the indemnity provided by Contractor in paragraph 27 hereof, the
Contractor agrees that it will indemnify and save the Owner and all of its officers, agents and employees, harmless
against any and all claims, liabilities, losses, damages, expenses and causes of action arising out of, in any way,
manner or form, the demands of subcontractors, laborers, workmen, mechanics, materialmen and furnishers of
machinery and parts thereof, equipment, power tools, and supplies, incurred in the performance of this contract
and the project which is the subject matter of this contract. When Owner so desires, the Contractor shall furnish
satisfactory evidence that all obligations of the nature hereinabove designated have been paid, discharged or
waived.
31. PROTECTION AGAINST ROYALTIES OR PATENT INVENTION
13
The Contractor shall pay all royalties and license fees, and shall °provide for the use of any design, device,
material or process covered by letters patent or copyright by suitable legal agreement with the Patentee or owner
thereof. Without limiting, in any way, manner or form, the indemnity provided by Contractor in paragraph 27
hereof, the Contractor shall defend all suits or claims for infringement of any patent or copyrights and shall
indemnify and save the Owner, and all of its officers, agents and employees harmless from any loss on account
thereof, except that Owner shall defend all such suits and claims and shall be responsible for all such loss when a
particular design, device, material or process or the product of a particular manufacturer or manufacturers is
specified or required in these contract documents by Owner; provided, however, if choice of alternate design,
device, material or process is allowed to the Contractor, then Contractor shall indemnify and save Owner, and all
of its officers, agents and employees harmless from any loss on account thereof. Notwithstanding anything herein
to the contrary, if the material or process specified or required by Owner and/or this contract is an infringement,
the Contractor shall be responsible for such loss unless it gives written notice of such infringement to the Owner's
Representative prior to bidding.
32. LAWS AND ORDINANCES
The Contractor shall at all times observe and comply with all federal, state and local laws, ordinances and
regulations, which in any manner affect the contract or the work, and without limiting, in any way, manner or
form, the indemnity provided by Contractor in paragraph 27 hereof, Contractor shall indemnify and save harmless
the Owner, and all of its officers, agents, and employees against any claims arising from the violation of any such
laws, ordinances, and regulations, whether by the Contractor, its employees, or subcontractors. If the Contractor
observes that the plans and specifications are at variance therewith, he shall notify the Owner's Representative in
writing prior to bidding and any necessary changes shall be adjusted as provided in the contract for changes in the
work. In the absence of timely written notification to Owner's Representative of such variance or variances
within said time, any objection and/or assertion that the plans and specifications are at variance with any federal,
state or local laws, ordinances or regulations shall be deemed waived. If the Contractor, its employees or
subcontractors perform any work contrary to such laws, ordinances, rules and regulations, and without such notice
to the Owner's Representative, Contractor shall bear all costs arising therefrom.
The Owner is a municipal corporation of the State of Texas and the law from which it derives its powers, insofar
as the same regulates the objects for which, or the manner in which, or the conditions under which the Owner may
enter into contracts, shall be controlling, and shall be considered as part of this contract to the same effect as
though embodied herein.
33. SUBCONTRACTING
The Contractor agrees that it will retain personal control and will give its personal attention to the fulfillment of
this contract. The Contractor further agrees that subletting of any portion or feature of the work, or materials
required in the performance of this contract, shall not relieve the Contractor from its full obligations to the Owner,
as provided by the contract documents.
34. TIME FOR SUBSTANTIAL COMPLETION AND LIQUIDATED DAMAGES
It is hereby understood and mutually agreed by and between the Contractor and the Owner, that the date of
beginning and time for completion as specified in the contract documents, of work to be done hereunder are
essential conditions of this contract; and it is further mutually understood and agreed that the work embraced in
this contract shall be commenced as provided in the contract documents.
If the Contractor should neglect, fail, or refuse to substantially complete the work within the time herein specified,
then the Contractor does hereby agree as part of the consideration for the awarding of this contract, the Owner
v, may withhold permanently from Contractor's total compensation, the sum of $500 (FIVE HUNDRED) PER
DAY, not as a penalty, but as liquidated damages for the breach of the contract as herein set forth for each and
14
every working day that the Contractor shall be in default after the time stipulated for substantially completing the
work.
It is expressly understood and agreed, by and between Contractor and the Owner, that the time for the substantial
completion of the work described herein is reasonable time for the completion of the same, taking into
consideration the average climatic range and conditions and usual industrial conditions prevailing in this locality.
The amount is fixed and agreed upon by and between the Contractor and the Owner because the actual damages
the Owner would sustain in such event would be difficult and/or impossible to estimate, however, the amount
agreed upon herein is a reasonable forecast of the amount necessary to render just compensation to Owner, and is
expressly agreed to be not disproportionate to actual damages as measured at time of breach.
IT IS FURTHER AGREED AND UNDERSTOOD BETWEEN THE CONTRACTOR AND OWNER THAT
TIME IS OF THE ESSENCE OF THIS CONTRACT.
35. TIME AND ORDER OF COMPLETION
It is the meaning and intent of this contract, unless otherwise herein specifically provided, that the Contractor
shall be allowed to prosecute its work at such time and sessions, in such order of precedence, and in such manner
as shall be most conductive to economy of construction; provided, however, that the order and time of prosecution
shall be such that the work shall be substantially completed as a whole and in part, in accordance with this
contract, the plans and specifications, and within the time of completion designated in the bid; provided, also, that
when the Owner is having other work done, either by contract or by its own force, the Owner's Representative
may direct the time and manner of constructing work done under this contract so that conflicts will be avoided
and the construction of the various works being done for the Owner shall be harmonized.
The Contractor shall submit, at such times as may reasonably be requested by the Owner's Representative,
schedules which shall show the order in which the Contractor intends to carry on the work, with dates at which
the Contractor will start the several parts of the work and estimated dates of completion of the several parts.
36. TIME OF PERFORMANCE
L
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
a agrees that it shall not be entitled to, nor will it request, an extension of time on this contract, except when its
work has been delayed by an act or neglect of the Owner, Owner's Representative, employees of the Owner or
other contractors employed by the Owner, or by changes ordered in the work, or by strike, walkouts, acts of God
or the public enemy, fire or flood. Any request for extension shall be in writing with the written request for same
setting forth all justifications, in detail, for the request, and submitted to Owner's Representative within twenty
(20) calendar days of the occurrence of the event causing said delay. A failure by Owner's Representative to
affirmatively grant the extension no later than twenty (20) calendar days of written submission by Contractor shall
be deemed a denial, and final. Further, in the absence of timely written notification of such delay and request for
extension, as provided herein, any request for extension by Contractor shall be deemed waived.
37. HINDRANCE AND DELAYS
In executing the contract, the Contractor agrees that in undertaking to complete the work within the time herein
fixed, Contractor has taken into consideration and made allowances for all hindrances and delays incident to such
work, whether growing out of delays due to unusual and unanticipated circumstances, difficulties or delays in
' securing material or workmen, or any other cause or occurrence. No charge shall be made by the Contractor for
hindrance or delays from any cause during the progress of any part of the work embraced in this contract except
where the work is stopped by order of the Owner or Owner's Representative for the Owner's convenience, in
15
On or before the tenth day of each month, the Contractor shall submit to Owner's Representative an application
for partial payment or, if the Contractor does not submit such application, the Owner's Representative shall
determine the amount to be partially paid. Owner's Representative shall review said application for partial
payment if submitted, and the progress of the work made by the Contractor and if found to be in order, shall
prepare a certificate for partial payment showing as completely as practical the total value of the work done by the
Contractor up to and including the last day of the preceding month. The determination of the partial payment by
the Owner's Representative shall be in accordance with Paragraph 14 hereof.
The Owner shall then pay the Contractor on or before the fifteenth day of the current month the total amount of
the Owner's Representative's Certificate of Partial Payment, less 5% of the amount thereof, which 5% shall be
retained until final payment, and further, less all previous payments and all further sums that may be retained by
Owner under the terms of the contract documents.
Any partial payment made hereunder shall not constitute a waiver by the Owner of any and all other rights to
enforce the express terms of the contract documents, and all remedies provided therein, as to any and all work
to be performed and/or materials delivered hereunder, including,ut imit t w work to which said performed, p d b limited o, o s d
partial payment is attributable.
43. SUBSTANTIAL COMPLETION
Contractor shall give Owner's Representative written notice of substantial completion. Within thirty-one (31)
working days after the Contractor has given the Owner's Representative written notice that the work has been
substantially completed, the Owner's Representative and/or the Owner shall inspect the work and within said time,
if the work be found to be substantially completed in accordance with the contract documents, the Owner's
Representative shall issue to the Owner and Contractor a certificate of substantial completion. Notwithstanding
the issuance of a certificate of substantial completion, Contractor shall proceed with diligence to finally complete
the work within the time provided in this contract.
Y
44. FINAL COMPLETION AND PAYMENT
The Contractor shall give written notice to Owner's Representative of final completion. Upon written notice of
final completion, the Owner's Representative shall proceed to make final measurement to determine whether final
completion has occurred. If the Owner's Representative determines final completion has occurred, Owner's
Representative shall so certify to the Owner. Upon certification by Owner's Representative of final completion,
Owner shall pay to the Contractor on or before the 31 st working day after the date of certification of final
completion, the balance due Contractor under the terms of this agreement. Neither the certification of final
completion nor the final payment, nor any provisions in the contract documents shall relieve the Contractor of the
obligation for fulfillment of any warranty which may be required in the contract documents and/or any warranty
or warranties implied by law or otherwise.
45. CORRECTION OF WORK
Contractor shall promptly remove from Owner's premises all materials condemned by the Owner's Representative
on account of failure to conform to the contract documents, whether actually incorporated in the work or not, and
Contractor shall at its own expense promptly replace such condemned materials with other materials conforming
to the requirements of the contract documents. Contractor shall also bear the expense of restoring all work of
other contractors damaged by any such removal or replacement. If Contractor does not remove and replace any
such condemned work within a reasonable time after a written notice by the Owner or the Owner's Representative,
Owner may remove and replace it at Contractor's expense.
_e 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
17
shall appear within a period of one (1) year from the date of certification of final completion by Owner's
Representative.
46. PAYMENT WITHHELD
The Owner or Owner's Representative may, on account of subsequently discovered evidence, withhold or nullify
the whole or part of any certification to such extent as may be necessary to protect itself from loss on account of:
(a) Defective work not remedied and/or work not performed.
(b) Claims filed or reasonable evidence indicating possible filing of claims.
(c) Damage to another contractor.
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
,.y 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 fiuther 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.
.y 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:
_= 18
(a) The Owner may employ such force of men and use of machinery, equipment, tools, materials and
supplies as said Owner may deem necessary to complete the work and charge the expense of such labor,
machinery, equipment, tools, materials and supplies to said Contractor, and the expense so charged shall
be deducted and paid by the Owner out of such moneys as may be due, or that may thereafter at any time
become due to the Contractor under and by virtue of this Agreement. In case such expense is less than
the sum which would have been payable under this contract, if the same had been completed by the
Contractor, then said Contractor shall receive the difference. In case such expense is greater than the sum
which would have been payable under this contract, if the same had been completed by said Contractor,
then the Contractor and/or its Surety shall pay the amount of such excess to the Owner; or
(b) The Owner, under sealed 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
a available to it, by law, equity, contract or otherwise, including but not limited to, liquidated damages, as provided
in paragraph 34, hereinabove set forth.
49. LBETATION ON CONTRACTOR'S REMEDY
19
Hazardous Substance, hydrocarbons or other petroleum products or byproducts and/or asbestos is necessary in the
construction of the Project, or that it is necessary to place and/or otherwise locate upon the site of the Project or
other property of the City, a Hazardous Substance, hydrocarbons or other petroleum products or byproducts
and/or asbestos, Contractor shall notify the Owner's Representative, and request consent therefrom, at least
twenty (20) days prior to such action. Owner's Representative may grant or deny the request of Contractor and
provide whatever requirements such consent, if granted, is conditioned upon, in its sole and absolute discretion. If
the request of Contractor is not granted, or otherwise not responded to, by Owner's Representative within five (5)
days of the receipt of said request, said request shall be deemed to be denied.
In the event Owner's Representative shall consent to the request of Contractor, Contractor shall be responsible for
ensuring that all personnel involved in the Project are (i) trained for the level of expertise required for proper
performance of the actions contemplated by this Contract and, in particular, in all aspects of handling, storage,
disposal and exposure of Hazardous Substances, hydrocarbons or other petroleum products or byproducts and/or
c- asbestos; and (ii) are provided and utilize all protective equipment, including without limitation, personal
a protective gear, necessary to provide protection from exposure to Hazardous Substances, hydrocarbons or other
petroleum products or byproducts and/or asbestos.
21
CURRENT WAGE DETERMINATIONS
RE: RESOLUTION NO.2002-R0483, NOVEMBER 14, 2002
Craft
J Acoustical Ceiling Installer
Air Conditioner Installer
Air Conditioner Installer -Helper
Asbestos Worker
Asbestos Supervisor
Bricklayer
Bricklayer -Helper
Carpenter
Carpenter -Helper
Cement Finisher
Drywall Hanger
Electrician
Electrician -Helper
Equipment Operator -Heavy
Equipment Operator -Light
Fire Sprinkler Fitter -Journey
Fire Sprinkler Fitter -Apprentice
Floor Installer
Glazier
Insulator-Piping/Boiler
Insulator -Helper
Iron Worker
Laborer -General
Mortar Mixer
Painter
Plumber
Plumber -Helper
Roofer
Roofer -Helper
Sheet Metal Worker
Sheet Metal Worker -Helper
Welder -Certified
City of Lubbock
Building Construction Trades
Prevailing Rates
Hourly
11.50
12.00
7.50
9.00
12.50
12.50
7.00
11.00
7.00
9.00
11.00
15.00
8.00
10.00
9.00
18.00
10.00
9.50
10.50
10.50
7.00
11.00
6.00
6.00
9.50
12.50
7.00
9.00
7.00
10.00
7.00
11.00
1
Paving and Highway Construction
Prevailing Wage Rates
Craft Hourly Rate
Asphalt Heaterman
9.00
Asphalt Shoveler
7.50
Concrete Finisher
9.00
Concrete Finisher -Helper
7.50
Electrical Repairer -Equipment
12.50
Flagger
6.50
Form Setter
8.00
Form Setter -Helper
6.50
Laborer -General
6.00
Laborer -Utility
6.75
Mechanic
9.00
Mechanic -Helper
7.00
tPower Equipment Operators
Asphalt Paving Machine
9.00
Bulldozer
9.00
Concrete Paving Machine
9.00
Front End Loader
9.00
Heavy Equipment Operator
9.00
Light Equipment Operator
8.00
Motor Grader Operator
10.25
Roller
7.00
Scraper
7.50
Tractor -Trailer
8.50
Truck Driver -Heavy
8.00
Truck Driver -Light
7.00
EXHIBIT C
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.
EXHMIT D
Prevailing Wage Rates
Legal Holiday Rate
M1; The rate for legal holidays shall be as required by the Fair Labor Standards Act.
I
SPECIFICATIONS
I
23r`' & QUAKER LIFT STATION #31
REHABILITATION
TECHNICAL SPECIFICATIONS
MARCH 2O05
City of Lubbock
Water Utilities Engineering
Technical Specifications
For
LIFT STATION #31 REHABILITATION
At
23rd Street and Quaker
Lubbock, Texas
QUAKER LIFT STATION #31 REHABILITATION
TABLE OF CONTENTS
DIVISION 1- GENERAL REQUREMENTS
01010 SUMMARY OF WORK
01330 ADMINISTRATIVE PROCEDURES
01500 CONSTRUCTION FACILITIES AND TEMPORARY CONTROLS
01700 CONTRACT CLOSEOUT
DIVISION 9 - FINISHES
09704 CONCRETE SURFACING AND LINING FOR CONCRETE STRUCTURES
APPENDIX - MAP TO SITE, SITE DIAGRAM, VAULT DIAGRAM, AREAL PHOTO
SECTION 01010
PART 1 GENERAL
1.1
SECTION INCLUDES
A.
Contract Description.
B.
Work by Contractor.
C.
Owner and Contractor Responsibilities.
D.
Contractor Use of Site.
E.
Work Sequence.
F.
Owner Occupancy.
G.
Warranty
H.
Property Protection
I.
Owner's Representative
1.2 CONTRACT DESCRIPTION
A. This project consists of the rehabilitation of the interior coating on Lift Station #31
located at 23rd Street and Quaker Ave. Major components of the project include,
but not limited to:
• Diverting the flow of sewage prior to any construction activities on the lift station
• Removal of existing deteriorated coating
• Repair of the existing wet well concrete walls and floor
• Installation of a new surface lining as specified in Section 09704
• Developing, filing, and implementing a Storm Water Pollution Prevention Plan
(SWPPP) prior to the start of any construction
• Any other work necessary for the safe and orderly completion of the project
B. Contract Type: Lump Sum for various items of work on lift station.
C. After the Prebid meeting, there will be a site visitation. The Contractor shall be
responsible for determining the accessibility and storage spaces available at site.
All costs for accessibility and storage shall be included in this contract.
D. Contract Time for the work to be performed on the sewer Lift Station #31 at 23rd
Street & Quaker Avenue will be 60 days calendar from the date of Notice to
Proceed. The liquidated damages will be $500.00 per day.
1.4 OWNER AND CONTRACTOR RESPONSIBILITIES
A. Owner's Responsibilities:
1. Review Contractor reviewed Shop Drawings, Product Data, and Samples.
2. On delivery, inspect Products jointly with Contractor.
B. Contractor's Responsibilities:
1. Arrange and pay for Product delivery to site
2. Receive and unload Products at site; inspect for completeness or damage
jointly with Owner.
3. Handle, store, install and finish Products.
4. Repair or replace items damaged after receipt.
5. Submit claims for transportation damage and replace damaged, defective, or
deficient items.
6. Arrange for manufacturers' warranties, inspections, and service.
1.5 CONTRACTOR USE OF SITE
A. Access to Site: Limited to Owner and Contractor only.
B. Time Restrictions for Performing Work: Monday to Friday, 8 a.m. to 5 p.m.
Request in writing 48 hours in advance for work to be performed outside this time.
1.6 WORK SEQUENCE
A. Perform lift station wall preparation, and overcoat lift station structure at 23`d St. &
Quaker with a chemical resistant lining system.
B. Final inspection of each stage shall be accepted by the Owner's Representative
before the commencement of any work on the next Stage.
1.7 OWNER OCCUPANCY
A. The Owner will occupy the site during the entire rehabilitating operation.
B. Cooperate with Owner to minimise conflict, and to facilitate Owner's operations
outside the site.
C. The lift station will be bypassed during the rehabilitation.
1.8 WARRANTY
A. Contractor shall provide a warranty for one (1) year after the date of final
acceptance of the work.
B. On the eleventh month of the subsequent year from the date of final acceptance,
Owner's Representative will schedule an annual Inspection with the presence of the
Contractor to inspect for defect in the work performed. Repaint any work
that is considered defective by the Owner's Representative.
C. Contractor shall remedy any defects in workmanship, and pay for any and all
damages of any nature whatsoever resulting in defects at no cost to the Owner.
1.9 PROPERTY PROTECTION
A. Contractor shall be aware of surrounding residences and commercial businesses or
buildings in the vicinity of the tank. Extreme care should be used in protecting
buildings and vehicles from falling debris, sand, paint, water or any materials which
might cause damage.
B. Contractor shall immediately correct any damage to the property to the satisfaction
of property owner. Payment shall be withheld in the amount of any claims until
such time as the claims are satisfied.
PART 2 PRODUCTS
Not Used.
PART 3 EXECUTION
Not Used.
END OF SECTION
SECTION 01330
PART1 GENERAL
1.1 RELATED DOCUMENTS
A. Drawings, General Conditions of the Agreement and all Divisions of
the Contract Documents apply to work of this Section.
1.2 SECTION INCLUDES
A. Submittal Procedures
B. Proposed Products list.
C. Product Data.
D. Samples.
E. Manufacturer's instructions.
F. Manufacturer's certificates.
1.3 SUBMITTAL PROCEDURES
A. Transmit each submittal with Contractor's standard transmittal letter
including Contractor's name, address and telephone number.
B. Sequentially number the transmittal forms.
C. Identify Project, Contractor, Subcontractor or supplier; pertinent
Drawing sheet and detail number(s), and Specification section number,
as appropriate.
D. Apply Contractor's stamp, signed or initialed certifying that review,
verification of Products required, field dimensions, adjacent
construction Work, and coordination of information is in accordance
with the requirements of the Work and Contract Documents.
E. Schedule submittals to expedite the Project, and deliver to Owner's
Representative at business address. Coordinate submission of related
items.
F. Identify variations from Contract Documents and Product or system
limitations that may be detrimental to successful performance of the
completed Work.
G. Provide space for Contractor and Owner's Representative review
stamps.
H. Revise and resubmit submittals as required, identify all changes made
since previous submittal.
I. Distribute copies of reviewed submittals to concerned parties. Instruct
parties to promptly report any inability to comply with provisions.
J. Submittals not requested will not be recognized or processed.
1.4 RESUBMITTAL REQUIREMENTS
A. Revise initial submittals as required and resubmit to meet requirements
as specified.
B. Mark as RESUBMITTAL.
C. Re -use original transmittal numbers and supplement with sequential
alphabetical suffix for each re -submittal.
1.5 PROPOSED PRODUCTS LIST
A. Within 7 days after date of Notice to Proceed, submit complete list of
major products proposed for use, with name of manufacturer, trade
name, and model number of each product.
B. For products specified only by reference standards, give manufacturer,
trade name, model or catalog designation, and reference standards.
1.6 SHOP DRAWINGS
A. For drawings larger than 11 x 17 inches, submit in the form of one
reproducible transparency and one opaque reproduction.
B. For drawings 11 x 17 inches and smaller, submit the number of opaque
reproductions, which Contractor requires plus four copies, which will
be retained by Owner's Representative.
L__3
C. Drawing size shall be minimum 8-1/2 x 11 inches and maximum
of 30 x 42 inches.
D. Details shall be drawn to a minimum size of 1-1/2 inches equal to 1
foot.
E. After review, produce copies and distribute in accordance with
SUBMITTAL PROCEDURES article above.
1.7 PRODUCT DATA
A. Submit the number of copies the Contractor requires, plus three copies
that will be retained by the Owner's Representative.
B. Mark each copy to identify applicable products, models, options, and
other data. Supplement manufacturers' standard data to provide
information specific to this Project.
C. Include recommendations for application and use, and reference to
compliance with specified standards of trade associations and use, and
reference to compliance with specified standards of trade associations
and testing agencies.
D. Include notation of special coordination requirements for interfacing
with adjacent work.
E. After review, distribute in accordance with Article on Procedures
above, and provide copies for Record Documents.
1.8 MANUFACTURER'S INSTRUCTIONS
A. When specified in individual specification Sections, submit
manufacturer's printed instructions for delivery, storage, assembly,
installation, start-up, adjusting, and finishing, in quantities specified
for Product Data.
B. Identify conflicts between manufacturer's instructions and Contract
Documents.
C. Indicate special procedures, conditions requiring special attention and
special environment criteria required for application or installation.
1.9 MANUFACTURER'S CERTIFICATES
A. When specified in individual specification Sections, submit
manufacturer's certificate to Owner's Representative, in quantities
specified for Product Data.
B. Indicate material or product conforms to or exceeds specified
requirements. Submit supporting reference data, affidavits, and
certifications as appropriate.
C. Certificates may be recent or previous test results on material or
Product, but must be acceptable to Owner's Representative.
PART 2 PRODUCTS
Not used.
PART 3 EXECUTION
Not used.
END OF SECTION
SECTION 01500
CONSTRUCTION FACILITIES AND TEMPORARY CONTROLS
PART 1 GENERAL
1.1 SECTION INCLUDES
A. Temporary Bypass pumping
B. Temporary Utilities: Electricity, lighting, heat, ventilation, water, and sanitary
facilities.
C. Temporary Controls: Barriers, protection of the Work, and water control.
D. Construction Facilities: Temporary decontamination area, progress cleaning and
project signage.
1.2 Divert Flow of Sewage
A. Contractor shall submit a plan, for approval, to divert the existing flow of sewage.
B. Flow data necessary for the contractor to provide for the diversion of sewage is listed:
Average Daily Flow: 900,000 gpd
Average Max. Flow: 4,800 gpm
Average Flow: 625 gpm
1.3 TEMPORARY ELECTRICITY
A. Cost: By Owner; connect to Owner's existing power service. Do not disrupt
Owner's use of service. Owner will pay cost of energy used. Exercise measures to
conserve energy.
B. Provide temporary electric feeder from existing electrical service at the site. Do not
disrupt Owner's use of service.
C. Complement existing power service capacity and characteristics as required.
D. Provide main service disconnect and over -current protection at convenient location.
E. Permanent convenience receptacles may not be utilized during construction.
1.4 TEMPORARY LIGHTING FOR CONSTRUCTION PURPOSES
A. Provide and maintain sufficient lighting in the work area to meet O.S.H.A.
requirements.
B. Provide branch wiring from power source to distribution boxes with lighting
conductors, pigtails, and lamps as required.
C. Maintain lighting and provide routine repairs.
C. Permanent building lighting may not be utilized during construction.
1.5 TEMPORARY SANITARY FACILITIES
A. Contractor to provide and maintain required facilities and enclosures. Do not
discharge into the City sanitary sewer system.
1.6 SECURITY
A. Provide security and facilities to protect Work, existing facilities, and Owner's
operations from unauthorized entry, vandalism, and/or theft.
B. Coordinate with Owner's security program..
1.7 FENCING
A. Construction: Contractor's option on the type of fence to be used. Security is the
full responsibility of the Contractor.
PART 2 PRODUCTS
Not Used.
PART 3 EXECUTION
Not Used.
END OF SECTION
SECTION 01700
CONTRACT CLOSEOUT
PART 1 GENERAL
1.1 SECTION INCLUDES
A. Close-out Procedures.
B. Final Cleaning.
C. Project Record Documents.
D. Hazardous Waste Record Keeping
E. Warranties and Bonds.
1.2 CLOSEOUT PROCEDURES
A. Submit written certification that Contract Documents have been reviewed, Work has
been inspected, and that Work is complete in accordance with Contract Documents
and ready for Owner's Representative review.
B. Provide submittals to Owner's Representative that are required by governing or
other authorities.
C. Submit final Application for Payment identifying total adjusted Contract Sum,
previous payments, sum remaining due, and Contractors Affidavit of Bills Paid.
1.3 FINAL CLEANING
A. Execute final cleaning prior to final project inspection.
B. Remove waste, debris, surplus materials, rubbish, and construction facilities to
designated containers to be disposed of as standard waste.
1.4 PROJECT RECORD DOCUMENTS
A. Maintain on site one set of the following record documents; record actual revisions
to the Work:
1. Specifications.
2. Addenda.
3. Change Orders and other modifications to the Contract.
B. Ensure entries are complete and accurate, enabling future reference by Owner.
C. Store record documents separate from documents used for construction.
D. Record information concurrent with construction progress.
L 1.5 WARRANTIES AND BONDS
A. Provide duplicate notarized copies.
B. Execute and assemble transferable warranty documents from Subcontractors,
suppliers, and manufacturers.
C. Provide Table of Contents and assemble in three D side ring binder with durable
plastic cover.
D. Submit prior to final Application for Payment.
E. For items of Work delayed beyond date of Substantial Completion, provide updated
submittal within 10 days after acceptance, listing date of acceptance as start of
warranty period.
PART 2 PRODUCTS
Not Used.
PART 3 EXECUTION
Not Used.
END OF SECTION
SECTION 09704
CONCRETE SURFACING AND LINING
FOR CONCRETE STRUCTURES
PART 1--GENERAL
1.01 DESCRIPTION:
This section covers all workmanship, materials and quality requirements for
concrete resurfacing work. Provide and apply resinous (epoxy) resurfacing
materials as specified and as indicated on drawings.
1.02 RELATED WORK:
A. Division 1— General Requirements
B. Section 01300 — Submittals
1.03 REFERENCES:
This section contains references to the documents listed below. They are a part of this
section as specified and modified. In case of conflict between the requirements of this
section and those of the listed documents, the more stringent of the requirements shall
prevail.
Unless otherwise specified, references to documents shall mean the documents in
effect at the time of receipt of Bids. If referenced documents have been discontinued
by the issuing organization, references to those documents shall mean the
replacement documents issued or otherwise identified by that organization or, if there
are no replacement documents, the last version of the document before it was
discontinued. Where document dates are given in the following listing, references to
those documents shall mean the specific document version associated with that date,
whether or not the document has been superseded by a version with a later date,
discontinued, or replaced.
Referenced publications found within this specification shall be the latest revision
unless otherwise specified; and applicable parts of the referenced publications shall
become a part of this specification as if fully included.
Reference Title
ASTM (American Society for Testing and Materials)
ASTM C 920 Specification for Elastomeric Joint Sealants.
ASTM D 3960 Practice for Determining Volatile Organic Compound (VOC)
Content of Paints and Related Coatings.
ASTM D 4259 Practice for Abrading Concrete.
ASTM E 337 Standard Practice Test Method for Measuring Humidity with a
Psychrometer.
ASTM F 710 Practice for Preparing Concrete Floors and Other Monolithic
Surfaces to Receive Resilient Flooring.
ASTM D 4285 Standard Test Method for Indicating OR or Water in Compressed Air
ICRI (International Concrete Restoration Institute)
Guideline No. 03732 Selecting and Specifying Concrete Surface Preparation
for Sealers, Coatings, and Polymer Overlays.
NACE International
NACE Publication 6D-173 "A Manual for Painter Safety"
NACE Publication 6G-164 "Surface Preparation Abrasives for Industrial
Maintenance Painting"
NACE Publication TPC2 Coatings and Linings for Immersion Service: Chapter 1
Safety, Chapter 2 Surface Preparation, Chapter 3
Curing, and Chapter 4 Inspection
NACE Publication 6F-163 Surface Preparation of Steel or Concrete Tank
Interiors"
NACE RP0892-92 Standard Recommended Practice, Lining over Concrete
in Immersion Service.
NACE RP0288-88 Standard Recommended Practice, Inspection of Linings
on Steel and Concrete.
NACE RP0188 Standard Recommended Practice, Discontinuity
(Holiday) Testing of Protective Coatings.
SSPC: The Society for Protective Coatings
SSPC-SP12 Surface Preparation and Cleaning of Steel and Other
Hard Materials by High and Ultrahigh Pressure Water
Jetting Prior to Recoating.
and the quality of the work through daily reports as specified below.
Any nonconforming coating system work shall be corrected as
specified herein or as recommended by the Manufacturer.
6. Summarize test data, work progress, areas covered, ambient
conditions, quality control inspection test findings, and other
information pertinent to the coating system installation in daily
reports to be submitted to the Engineer or the Engineer's
Representative.
7. The methods of construction shall be in accordance with all requirements
of this specification.
8. Employ only tradespeople who have at least three years of experience
performing coating work of similar size and complexity as the work
specified in this Section. Submittals to verify these qualifications are
to be made within thirty (30) days of the Notice -to -Proceed and are
subject to approval by the Engineer.
9. Specified System is the minimum standard of quality for this project.
Submissions of alternative manufacturers shall be approved by the
Engineer and owner in writing five days prior to bid closing date.
1.05 SUBMITTALS
A. Submit the following prior to commencing with any phase of the work
covered by this Section:
1. Manufacturer's current printed recommendations and product data
sheets for all coating system products supplied under this section
including performance criteria, surface preparation and applications,
volatile organic compound (VOC) data, and safety requirements.
2. Material Safety Data Sheets (MSDS) for any materials brought on -
site including all coating system materials, solvents, and abrasive
blast media.
3. Storage requirements including temperature, humidity, and
ventilation for coating system materials.
4. Manufacturer's requirements, including application procedures for
coating materials, shall be in writing and shall be followed in detail.
All safety precautions recommended by the Manufacturer shall be
strictly adhered to at all times when work is in progress.
5. Color samples for all surfaces to be coated that have been field -
matched to existing colors.
6. Submit applicator's certification that resurfacing materials comply
with Federal, State, and Local regulations for VOC (Volatile Organic
Compounds).
7. Submit daily reports that contain the following information:
substrate conditions, ambient conditions, application procedures,
work completed and location thereof. Mark-up drawings that show
location of work.
Submit letter(s) with associated product data signed by
Manufacturer certifying that submitted products are suitable for
application on the surfaces to be resurfaced and for the service
conditions.
1.06 DELIVERY AND STORAGE
Materials shall be stored in accordance with Manufacturer's recommendations in
enclosed structures and shall be protected from weather and adverse temperature
conditions. Flammable materials shall be stored in accordance with state and local
codes. Materials exceeding storage life recommended by the manufacturer shall be
removed from the site.
A. Store all materials only in area or areas designated by the Engineer solely for
this purpose. Confine mixing, thinning, clean-up and associated operations,
and storage of materials -related debris before authorized disposal, to these
areas. All materials are to be stored on pallets or similar storage/handling
skids off the ground in sheltered areas in which the temperature is maintained
between 50°F and 90°F.
B. Mix all coating materials in an enclosed mixing area designated by the
Engineer. This enclosed area must protect the mixing operation and materials
from direct sunlight, inclement weather, freezing, or other means of damage
or contamination. Protect all other concrete and metallic surfaces and finishes
from any spillage of material(s) within the mixing area.
C. Do not use floor drains, dikes or storm drains for disposal of resurfacing
system materials.
D. The Contractor shall take all precautions and implement all measures
necessary to avert potential hazards associated with the coating system
materials as described on the pertinent Material Safety Data Sheets or
container labels.
E. Deliver all materials to the jobsite in their original, unopened containers.
Each container shall bear the Manufacturer's name and label.
1. Labels on all material containers must show the following information:
a. Name or title of product.
b. Federal Specification Number if applicable.
C. Manufacturer's batch number and date of manufacture.
d. Manufacturer's name.
e. Generic type of material.
f. Application and mixing instructions.
g. Hazardous material identification label.
h. Shelf life date.
i. Storage requirements.
2. All containers shall be clearly marked indicating any personnel safety
hazards associated with the use of or exposure to the materials.
3. All materials shall be handled and stored to prevent damage or loss of
label.
4. Coating material storage and mixing areas shall be designated by the
Engineer.
5. Do not use or retain contaminated, outdated, prematurely opened, diluted
materials, or materials which have exceeded their shelf life.
1.07 COORDINATION OF WORK
A. WORK AREAS:
The work areas on the jobsite will be designated by the Engineer. The
Contractor's personnel shall not be permitted in any area other than those
1 expressly designated by the Engineer.
B. COORDINATION
The contractor shall coordinate with the Engineer regarding availability of
work areas, completion times, safety, access and other factors which can
impact plant operations.
1.08 SAFETY
A. The Contractor's work forces should comply with the provisions outlined in
the following documents:
SSPC-PA-3 "A Guide to Safety in Paint Application"
NACE Pub. "A Manual for Painter Safety"
B. The Contractor shall provide personnel with all safety equipment necessary to
protect them during any phase of the work. This shall include, but not be
limited to, safety glasses, goggles, earplugs, hard hats, steel toed work shoes,
appropriate personal protective clothing, gloves, and plant approved escape
respirators (where required).
C. No work shall be performed until the appropriate Work Requests and
Lockouts are approved by the Engineer. The Work Request system provides a
LI
mechanism to advise plant staff of a contractor's work activities. The Lockout
system is a safety procedure to prevent unintended equipment activation.
D. Keep any flammable materials such as cleaning solvents, thinners, or coating
materials away from open flames, sparks or temperatures higher than 150T.
Drums containing flammable materials will be grounded. No solvent in any
quantity shall be allowed inside containment enclosures or permitted confined
spaces at any time during resurfacing work.
E. Power tools are to be in good working order to avoid open sparking. No spark
producing tools shall be utilized in restricted areas as indicated herein.
F. The Contractor shall fireproof all work areas by maintaining a clean work area
and having Underwriter's Laboratories approved fie extinguishers on -hand.
The Contractor shall furnish these fire extinguishers.
G. Workers doing abrasive blasting operations shall wear a fresh air supplied
protective helmet and hood and personal protective clothing acceptable to
industry standards and all government regulations.
H. Dispose of rags used for wiping up resurfacing materials, solvents, and
thinners by drenching them with water and placing in a metal container with a
tight fitting metal cover. Complete this disposal process at the end of each
day. Final disposal of these materials is the Contractor's responsibility.
I. Matches, smoking, flames, or sparks resulting from any source including
welding, must be remote from the work area during coating work. Smoking is
permitted only in designated areas of the plant.
it
PART 2 -- PRODUCTS
2.01 MANUFACTURERS
A. Materials specified are those that have been evaluated for the specific service.
Products of the Tnemec Company, Inc. are listed to establish a minimum
standard of quality. Equivalent materials of other manufacturers may be
submitted on written approval of the Engineer. As part of the proof of
quality, the Engineer will require at the cost of the Contractor, certified test
reports from a nationally known, reputable and independent testing laboratory
conducting comparative tests as directed by the Engineer between the product
specified and the requested substitution.
B. Requests for substitution shall include manufacturer's literature for each
product giving name, product number, . and generic type, descriptive
information, solids by volume, recommended dry film thickness and certified
lab test reports showing results to equal the performance criteria of the
products specified herein. In addition, a list of five projects shall be
submitted in which each product has been used and rendered satisfactory
service.
C. All requests for product substitution shall be made in accordance with
specifications. All requests for substitution shall be made a minimum of 5
days prior to the bid close date.
D. Any material savings shall be passed to the owner in the form of a contract
dollar reduction.
E. No coatings shall contain 4,4-Methylenebis (MOCA).
F. No coatings shall contain Methylene Dianiline (MDA).
A. EPDXY LINING SYSTEM
1. Materials specified herein are the only approved standard coating
systems unless an "or equal" is approved in writing by the Engineer in
accordance with this document.
2. The following list specifies the material requirements for resurfacing
systems. The approved products are as follows:
a. Surfacer: MortatClad —Series 218
b. Mortar: MortatCast —Series 219
C. Lining: Perma-Shield H2S — Series 434
d. Topcoat/gelcoat: Perma-Glaze — Series 435
B. ABRASIVE BLAST MEDIA
If dry or wet abrasive blast cleaning is the selected method of surface
preparation, provide slag grit of a sieve size, gradation, and quality necessary
to produce the degree of cleanliness and surface profile required herein (ICRI
Guideline 03732, CSP-5 and SSPC-SP13/NACE No. 6).
PART 3--EXECUTION
[cell§MWW_ 7A_11
A. HOISTING, SCAFFOLDING, STAGING, AND PLANKING:
1. Provide, set-up, and maintain all required hoists, scaffolds, and staging
and planking, and perform all access related hoisting work required to
complete the work of this section as indicated and specified.
2. Scaffolds shall have solid backs and floors to prevent dropping
materials from there to the floors or ground below.
B. ENVIRONMENTAL REQUIREMENTS:
1. Comply with the Manufacturer's recommendations as to environmental
conditions under which coating system materials can be applied.
2. Do not apply coating system materials when dust is in work site.
3. The Contractor shall provide all temporary lighting during the work.
C. PROTECTION:
1. Cover or otherwise protect finish work or other surfaces not being
coated.
2. Erect and maintain protective tarps, enclosures and/or maskings to
contain debris (such as dust or airborne particles resulting from surface
preparation) generated during any and all work activities. This
includes, but is not limited to, the use of dust/debris collection
apparatus as required.
D. INITIAL INSPECTION OF SURFACES TO BE COATED:
It is the responsibility of the Contractor to inspect and report unacceptable
concrete substrate surface conditions to the Engineer prior to the
commencement of surface preparation activities. Unacceptable surface
conditions are defined as the presence of cracked surfaces or concrete
deteriorated to a depth of greater than 1" or otherwise unable to withstand
c surface preparation as specified herein.
E. TBINNERS AND SOLVENTS:
The Contractor shall use only solvents and thinners as recommended by the
Manufacturer.
3.02 SURFACE PREPARATION REQUIREMENTS
A. GENERAL:
1. All specified surface preparation shall be performed in accordance
with the latest version of the SSPC, NACE, ICRI and other standards
referenced in this section.
2. Concrete surfaces shall be abraded to produce a minimum surface
profile of a CSP-5 as noted in ICRI Guideline 03732. This preparation
will be followed by vacuum cleaning to remove all dust, dirt or friable
substances leaving clean, dust free surfaces for resurfacing as detailed
in SSPC-SP 13/NACE No. 6.
3. Oil and grease shall be removed before mechanical cleaning is started
via an alkaline -based emulsifying detergent as recommended by the
resurfacing material manufacturer. Where mechanical cleaning is
accomplished by blast cleaning, the abrasive used shall be washed,
graded and free of contaminants that might interfere with the adhesion
of the resurfacing materials (Reference SSPC-SP13/NACE No. 6).
4. The air used for blast cleaning shall be free of oil and moisture to not
cause contamination of the surfaces to be resurfaced.
5. Clean cloths and clean fluids shall be used in solvent cleaning.
6. Cleaning and resurfacing shall be scheduled so that dust and other
contaminants from the cleaning process will not fall on wet, newly
resurfaced areas.
B. INITIAL CLEANING/DECONTAMINATION:
1. All areas to be coated shall be pressure washed with alkaline based
detergent to remove all loose materials, acid constituents, grease, oil,
and other contaminants.
2. Verify that the pH of the cleaned concrete surfaces to be coated is
within the range of to 8 to 11. Application of coating materials outside
this range will not be permitted without written approval from the
Engineer.
C. ABRASIVE BLAST CLEANING
1. Used or spent blast abrasive shall not be reused on work covered by this
section.
2. The compressed air used for blast cleaning will be filtered free of
condensed water or oil. Moisture traps will be cleaned at least once
every four hours or more frequently as is appropriate.
3. OR separators shall be installed just downstream of compressor discharge
valves and at the discharge of the blast pot discharges. OR separators
shall be cleaned at least once every four hours or more frequently as is
appropriate.
4. A paper blotter test shall be performed by the Contractor when requested by
the Engineer or the Engineer's representative to determine if the air is
sufficiently free of oil and moisture (Reference ASTM D 4285).
5. Regulators, gauges, filters, and separators will be in good working order
for all of the compressor air lines to blasting nozzles at all times during
this work.
6. An air dryer or drying unit shall be installed which dries the compressed
air prior to blast connections. This dryer shall be used and maintained
for the duration of surface preparation work.
7. The quality, volume, and velocity of life support and ventilation air used
during surface preparation shall be in accordance with applicable
safety standards and as required to ensure adequate visibility and
proper dissipation of volatiles without impacting the prepared surface
or the health of the public or personnel working for the Contractor,
Subcontractors, Engineer, Engineer's representatives, or anyone who
may be affected by on -site maintenance coating work activities.
8. The abrasive blast nozzles used shall be the venturi or other high velocity
type supplied with the minimum air pressure and the necessary volume
to obtain the required specified degree of cleanliness.
9. The Contractor must provide adequate ventilation for airborne particulate
evacuation and lighting (meeting all pertinent safety standards) to
optimize visibility for both blast cleaning and observation of the
substrate during surface preparation work.
10. All phases of surface preparation work specified herein must be
inspected by the Engineer before the Contractor proceeds with the
subsequent phase of surface preparation.
11. If, between final surface preparation work and coating application,
contamination of the prepared and cleaned substrate occurs, or if the
prepared steel's appearance darkens or changes color, reblasting will
be required until the specified degree of cleanliness is established.
3.03 SPECIFIC SURFACE PREPARATION REQUIREMENTS
A. In addition to the Section 3.02 requirements, the Contractor will follow the
requirements of this section.
B. Where the coating is specified to be terminated, the Contractor shall key the
termination by 1/4" minimum.
B. For applications around penetrations and/or drains, the contractor shall key the
termination around the perimeter of the penetration or drain to a minimum of
1/4".
D. When the floor area is scheduled to receive a mortar application to pitch the
floor, the walls above the floor shall be sawcut to a depth of 1/2 inch at a height
from 0'-0" to 0'-6" above the floor. The cut shall be straight and level.
E. Fill all holes, voids, and spalled areas greater than 1/8" deep with Tnemec Series
219 MortarCast.
F. Prior to coating operations, verify dryness by testing for moisture with a plastic
film tape -down test per ASTM D 4263. Should moisture be detected, perform
"Standard Test Method for Measuring Moisture Vapor Emission Rate of
Concrete Subfloor Using Anhydrous Calcium Chloride" per ASTM F 1869.
Moisture content shall not exceed three pounds per 1,000 sq ft in a 24 hour
period.
G. The Contractor shall notify the Engineer should jobsite conditions prevent the
above operations and/or applications.
3.04 APPLICATION REQUIREMENTS
A. GENERAL:
1. Areas not to be coated shall be masked using duct tape or other
protection materials to prevent these surfaces from being resurfaced.
2. Ensure straight, even termination of surfacing/topcoat materials on wall
edges and flush with embedded steel.
3. The Contractor must follow the minimum and maximum recoat
limitation times and related temperature range restrictions between
successive lifts for all products specified herein per Manufacturer's
stated requirements.
4. All equipment and procedures used for system application shall be as
recommended by the Manufacturer.
5. Unless specified elsewhere herein, the Contractor shall comply with
the Manufacturer's most recent written instructions with respect to the
following:
a. Mixing of All Materials.
b. Protection and Handling of All Materials.
C. Recoat Limitation and Cure Times.
d. Minimum Ambient and Substrate Temperatures, Substrate's
Degree of Dryness, Relative Humidity, and Dew Point of Air.
e. Application.
f. Final Curing.
g. Use of Proper Application Equipment.
6. Curing of System:
The applied system shall be protected from damage during curing and
shall be cured as recommended by the Manufacturer. Ambient
conditions shall be controlled by the Contractor during curing to
ensure the minimum air temperature and minimum relative humidity
as required by the Manufacturer is maintained.
Floors and Walls:
1. General Note: The Contractor is advised that with all thick -film, quick
curing materials applied to concrete surfaces, outgassing of the concrete
may occur. Possible remedies include applying materials when the
temperature of the concrete surfaces is descending. Other remedies may
exist, and may be submitted for the Engineer's approval.
2. Fill all voids, bugholes and other surface imperfections with Tnemec
Series 218 MortarClad.
3. Apply Tnemec Series 218 MortarClad surfacing material to all areas
scheduled to be coated at a rate of 25 square feet per gallon. Application
shall either be by trowel or spray. . If spray -applied, material shall be
finish -troweled and finish -rolled (Reference manufacturer's application
guides for explicit instructions).
NOTE: Surfaces that have already been patched or filled
with Tnemec Series 219 MortarCast as part of re -surfacing
operations are not required to receive additional surfacing
with Series 218 MortarClad.
4. Apply Tnemec Series 434 Perma-Shield 112S chemical resistant mortar to
all floor areas and walls scheduled to be coated at a rate of 12.5 square
feet per gallon. Application shall be either by trowel or spray. If spray -
applied, material shall be finish -troweled and finish -rolled (Reference
manufacturer's application guides for explicit instructions).
5. Apply Series 435 Perma-Glaze by roller. Series 435 Perma-Glaze shall
be a minimum of 15.0 mils thick upon cure regardless of the number of
coats required.
Ceilings:
1. Fill all voids, bugholes and other surface imperfections with Tnemec
Series 218 MortarClad.
2. Apply two coats of Series 435 Perma-Glaze at a rate of 15.0 wet mils per
coat. Series 435 Perma-Glaze shall be a minimum of 30.0 mils thick
upon cure regardless of the number of coats required.
C. SAFETY AND VENTILATION REQUIREMENTS:
Requirements for safety and ventilation shall be in accordance with SSPC Paint
Application Guide No. 3.
7
3.05 FIELD QUALITY CONTROL INSPECTION AND TESTING
A. Inspection by the Engineer or others does not limit the Contractor's
responsibilities for quality control inspection and testing as specified herein or
as required by the Manufacturer's instructions.
B. Perform the quality control procedures listed below in conjunction with the
requirements of this Section.
1. Inspect all materials upon receipt to ensure that all are supplied by the
Manufacturer.
2. Provide specified storage conditions for the resurfacing system
materials, solvents, and abrasives.
3. Inspect and record findings for the degree of cleanliness of substrates
used. The pH of the concrete substrate will be measured using pH
indicating papers. pH testing is to be performed once every 50 sq. ft.
Acceptable pH values shall be between 8.0 and 11.0 as measured by a
full -range (1-12) color indicating pH paper with readable color
calibrations and a scale at whole numbers (minimum). Use Hydrion
Insta-Check Jumbo 0-13 or 1-12 or equal. The paper shall be touched
to the surface once using moderate gloved finger pressure. The surface
shall not be wiped or moved laterally to disturb the surface during pH
testing. Following the one touch, lift the paper vertically to not "wipe"
the surface. Compare the color indicated with the scale provided and
record the pH.
4. Inspect and record substrate profile (anchor pattern). Surfaces shall be
abraded, as a minimum, equal to the roughness of CSP-5 ICRI
Guideline 03732.
5. Measure and record ambient air temperature once every two hours of
each shift using a thermometer and measure and record substrate
temperature once every two hours using a surface thermometer.
6. Measure and record relative humidity every two hours of each shift
using
a sling psychrometer in accordance with ASTM E337.
7. Provide correct mixing of coating materials in accordance with the
Manufacturer's instructions.
8. Inspect and record that the pot life of coating materials is not
exceeded during installation.
v
9. Verify curing of the coating materials in accordance with the
Manufacturer's instructions.
10. Upon full cure, the installed lining system shall be checked by
high voltage spark detection in accordance with NACE RP0188-
90, and the manufacturer's printed application guide to verify a
pinhole -free surface. Areas which do not pass the spark
detection test shall be corrected at no cost to the Owner and
rechecked
11. Upon completion of the lining system installation, the lined area shall be
cleaned and prepared to permit close visual inspection by the Engineer
or the Engineer's representative. Any and all deficiencies or defective
work (not in compliance with this section or related sections) will be
marked for repair or removal/replacement by the Contractor at no
additional cost to the Owner.
3.07 ACCEPTANCE CRITERIA
A. ACCEPTANCE CRITERIA FOR SURFACE PREPARATION WORK:
All surfaces shall be prepared in accordance with the specification and referenced standards
S J therein.
B. Acceptance Criteria for Coating System Application Work
1. Acceptable coating work will be based upon the following:
a. No pock -marks, trowel marks, depressions,
unconsolidated areas, waviness or ridges, pinholes or holidays
in either size or frequency.
b. No intercoat bond failures between lifts.
C. Proper curing of coatings.
2. Resurfaced areas shall pitch to drains.
3. There shall be no areas that puddle when flood tested.
4. The Engineer or Engineer's representative shall, at their discretion,
inspect the following:
a. Profile and degree of cleanliness of substrate.
b. Thickness of materials/coverage rate confirmation.
C. Ambient temperature and humidity requirements and substrate
temperature.
d. Curing and recoat times.
e. Proper curing of the resurfacing materials.
6. Rework required on any holidays or any other inadequacies found by the
Engineer or the Engineer's representative in the quality of the coating
work shall be marked. Such areas shall be recleaned and reworked by the
Contractor according to these specifications and the manufacturer's
recommendations at no additional cost to the Owner.
7. The Contractor is responsible for keeping the Engineer informed of all
progress so that inspection for quality can be achieved.
8. The Contractor is ultimately responsible for the quality performance of the
applied materials and workmanship. Inspections by the Engineer or the
Engineer's representative do not limit this responsibility.
3.08 FINAL INSPECTION
Perform a final inspection to determine whether the coating system work meets the
requirements of the specifications. The Engineer and the Engineer's representative
will conduct final inspection with the Contractor.
3.09 CLEANUP
Upon completion of work, the Contractor shall remove surplus materials, equipment,
protective coverings, and accumulated rubbish, and thoroughly clean all surfaces and
repair any work -related damage. The surrounding surface areas including roadways
and all other surfaces shall be restored to their pre -project condition.
END OF SECTION
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