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Resolution - 2014-R0398 - Contract - Deerwood Construction Inc.- Downtown Redevelopment - 12_04_2014 (4)
Resolution No. 2014-RO398 Item No. 6.5 December 4. 2014 RESQUAJON BE IT RESOLVED BY TI I CITY COUNICIL OF TI IE CITY OF I.. LiBBOCK: T[ IAT the Mayor of the City of Lubbock is hereby authorized and directed to execute for and on behalf of the City oi' Lubbock, Contract No. 12060 for ❑owntown Redevelopment Phase II Project, by and between the City of Lubbock and Deerwood Construction, Inc., of Lubbock, Texas, and related documents. Said Contract is attached hereto and incorporated in this resolution as iffully set forth herein and shall be included in the minutes of the City Council. Passed by the City Council on December 4, 2014 _A GI.�'T�J'C� 1t01 l I�'I'S[3N, MAYOR ATTEST: V Rebec Garza, City Secretary APPROVED AS TO CONTI.`.NT: R.Keith Smith, P.E., Director of Public Works APPROVED AS TO FORM: j�RES-Confracl-Downtown Redevelopment Phase 11 Project 1 1.a.14 Resolution No. 2014-RO398 Item No. 6.5 December 4. 2014 RFSf)Lt] FION BE IT RESOLVED BY TI I CITY COUNICIL OF TI IE CITY OF LUBBOCK: T[ IAT the Mayor of the City of Lubbock is hereby authorized and directed to execute for and on behalf of the City of Lubbock, Contract No. 12060 for ❑owntown Redevelopment Phase II Prajec:t, by and between the City of Lubbock and Deerwood Construction, Inc., of Lubbock, Texas, and related documents. Said Contract is attached hereto and incorporated in this resolution as iffully set forth herein and shall be inrludcd in the minutes of the City Council. Passed by the City Council 01) December 4, 2014 qlljl,, GI.�'T�J'C� 1t01 l I�'I'S[3N, MAYOR ATTEST: V Rebec t Garza, City SccrLtary APPROVED AS TO CONTI.`.NT: � i 1 R.Keith Smith, P.l ., Director of Public Works APPROVED AS TO FORM: ect BOND CHECK BEST RATING: LICENSED IN TEXAS DATE: BY: CONTRACT AWARD DATE: CITY OF LUBBOCK SPECIFICATIONS FOR Downtown Redevelopment Phase II Project ITB 15-12060-TS CONTRACT 12060 PROJECT NUMBER: 92227.9240.30000 Plans & Specifications may be obtained from THE REPRODUCTION COMPANY www.theroroductioncompany.com Phone: (806) 763-7770 te'00- ity u b o k CONTRACT PREPARED BY: PURCHASING AND CONTRACT MANAGEMENT OFFICE Page Intentionally Left Blank city of TEXASlubbo&k DATE ISSUED: CLOSE DATE: ADDENDUM # 1 ITB 15-12060-TS Downtown Duct System Phase 2 October 28, 2014 October 30, 2014 @ 3:00 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. Bidders are invited to review the following: 1. The Contractor will be required to install a Bull Tape in each of the installed conduit. Reimbursement for this item will be considered subsidiary to various bid items. All requests for additional information or clarification must be submitted in writing and directed to: City of Lubbock, Purchasing Department Tiffini Shelley Buyer P.O. Box 2000 Lubbock, Texas 79457 Questions may be faxed to (806)775-2164 or Emailed to tslennon@mvlubbock.us . Thank You, Tiffini Shelley 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 Director of Purchasing and Contract Management 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 Director of Purchasing and Contract Management no later than five (5) business days prior to the bid close date. A review of such notifications will be made. ADDENDUM # 2 Extend Bid Closing and Revised Bid Form ITB IS-12060-TS Downtown Redevelopment Phase II Project DATE ISSUED: October 29, 2014 REVISED CLOSE DATE: November 4, 2014 at 3:00 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. Bidders are invited to review the following: The close date for the bid has been extended to Tuesday, November 4, 2014 at 3:00 P.M. 2. Revised Bid Submittal Form The following items on the Bid Submittal Form have been revised and must be submitted with the bid. The complete revised Bid Submittal Form is attached to this addendum. Please acknowledge reception of this addendum on the pages of the Bid Submittal Form. The following item has been changed: Item 26 Trench Profile M-4, 4x6", 18x4", 2x2" Conduits with ix2" Atmos Line Item 28 Trench Profile M-6, 4x6", 27x4", 2x2" Conduits with lx2" Atmos Line Item 30 Trench Profile M-8, 7x4", 4x2" Conduits with lx2" Atmos Line Item 32 Trench Profile M-10, 4x4" Conduits Item 43 Omit Item 49 Install 6" 90 Degree 48" Sweeps Item 50 Install 4" 90 Degree 24" Sweeps Item 51 InstalI 2" 90 Degree 24" Sweeps All requests for additional information or clarification must be submitted in writing and directed to: Tiffini Shelley, Buyer City of Lubbock Purchasing and Contracts Management Office 1625 I3th Street, Room 204 Lubbock, Texas 79401 I Questions may be faxed to (806)775-2164 or Email to Tslennon�a}mail.ci.lubbock.tK.us, Questions are preferred to be posted on BidSync: www.bidsync.com THANK YOU, Tiffini Shelley, Buyer City of Lubbock It is the intent and purpose of the City of Lubbock that this request permits competitive proposals. It shall be the offeror's responsibility to advise the Director of Purchasing and Contract Management if anyllannguage, 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 Director of Purchasing and Contract Management no later than three (3) business days prior to the close date. A review of such notifications will be made. 04 *********Revised******** BID SUBMITTAL FORM UNIT PRICE BID CONTRACT DATE: Project: ITB 15-12060-TS, Downtown Redevelopment Phase II Project Bid of (hereinafter called Bidder) To the Honorable Mayor and City Council City of Lubbock, Texas (hereinafter called Owner) Ladies and Gentlemen: The Bidder, in compliance with your Invitation to Bid for the construction of Downtown Redevelopment Phase II Project, having carefully examined the plans, specifications, instructions to bidders, notice to bidders and all other related contract documents and the site of the intended work, and being familiar with all of the conditions surrounding the construction of the intended project including the availability of materials and labor, hereby intends to furnish all labor, materials, and supplies; and to construct the project in accordance with the plans, specifications and contract documents, within the time set forth therein and at the price stated below. The bidder binds himself on acceptance of his bid to execute a contract and any required bonds, according to the accompanying forms, for performing and completing the said work within the time stated and for the prices stated below, ITEM DESCRIPTION ESTIMATED UNIT OF UNIT PRICE EXTENDED NO. QUANTITY MEASURE AMOUNT - I Mobilization 1 LS $ ) $ 2 Traffic Control 12 MO $ $ 3 Storm Water Control 12 MO 4 Remove Trees 10 EA $ $ 5 Remove Concrete Driveways and Alleys 240 SY $ $ 1 6 Remove Sidewalk 1,519 SY $ $ ; 7 Remove Asphalt or Brick Pavement 804 SY $ $ 8 Trench Excavation 1,952 CY $ $ 9 Trench Excavation in Rock 976 CY 10 Trench Protection 4,030 LF $ $ 1 1 1 Trench Bedding 495 CY t t 12 2 Sack Flowable Backfill 2,165 CY $ $ 13 Concrete Encasement of Electric Across I O'h Street at 2 CY x $ Avenue M $ 14 New 4" Thick Concrete Sidewalk 3,020 SY $ $ ITEM DESCRIPTION ESTIMATED UNIT OF UNIT PRICE EXTENDED NO QUANTITY MEASURE AMOUNT 15 New 6" Thick Concrete Driveways, Alleys 240 SY $ $ 16 New Asphalt Pavement 796 SY $ $ 17 New Brick Pavement 215 SF $ $ 18 Jackhammer Old Traffic Light Foundations 11 EA $ $ 19 Partial Removal of Planter 1 EA $ $ 20 Repair of Planter 1 EA $ $ 21 Install ADA Ramps, SE Corner of 10 & M, NE 4 EA Corner of 14d' & M, NE Comer of 13`s & M, South Side of Alley, 10''-Main & M per City of Lubbock $ $ S ecification 22 Repair ADA Ramps 13 EA $ $ 23 Trench Profile M- 1, 4x6", 24x4", 4x2" Conduits with 300 LF $ $ Ix2" Atmos Line 24 Trench Profile M-2, 4x6", 22x 4", 2x2" Conduits with 315 LF $ $ lx2" Atmos Line 25 Trench Profile M-3, 4x6", 20x4" Conduits with Ix2" 360 LF $ $ Atmos Line 26 Trench Profile MA 4x6", 180", 2x2" Conduits with 175 LF $ $ x2" Atmos Line 27 Trench Profile M-5, 4x6", 17x4", lx2" Conduits with 100 LF $ $ 1 x2" Atmos Line 28 Trench Profile M-6, 4x6", 27x4", 2x2" Conduits with 30 LF $ $ 1 x2" Atmos Line 29 Trench Profile M-7, 40", 18x4", 2x2" Conduits with 230 LF $ $ I x2" Atmos Line 30 Trench Profile M-8, 7x4", 4x2" Conduits with I x2" 10 LF $ $ Atmos Line 31 Trench Profile M-9, 4x4" Conduits 75 LF $ $ 32 Trench Profile M-10, 4x4", Ix2" Conduits 75 LF $ $ 33 Trench Profile M-11, 4x6", 24x4" Conduits with 1x2" 160 LF Atmos Line $ $ 34 Trench Profile M-12, 15x4" Conduits with Ix2" Atmos 75 LF Line $ $ 35 Trench Profile M-13, 6x4", 3x2" Conduits with Ix2" 1,025 LF $ Atmos Line $ 36 Trench Profile M-14, 12x4" Conduits with lx4" Atmos 200 LF Line $ $ 37 Trench Profile M-15, 4x6", 16x4", Ix2" Conduits with 145 LF 1 x4" Atmos Line $ $ 38 Trench Profile M-16, 4x6", 17x4", 2x2" Conduits with 240 LF 1 x4" Atmos Line $ $ 39 Trench Profile M-17, 4x6", 23x4", 4x2" Conduits with 30 LF I x4" Atmos Line $ $ 40 Trench Profile M-18, 4x6", 21x4", 2x2" Conduits with 75 LF Ix4" Atmos Line $ $ 41 Trench Profile M-19, 46", 20x4", Ix2" Conduits with 200 IF f x4" Atmos Line $ $ Bidder's initials I ITEM DESCRIPTION ESTIMATED UNIT OF UNIT PRICE EXTENDED NO, QUANTITY MEASURE AMOUNT 42 Trench Profile M-20, 4x6", 19x4" Conduits with Ix4" 75 LF $ $ Atmos Line 43 Omit 0 LF E $ $ 44 Trench Profile M-23, 7x4", 4x2" Conduits with Ix2" 10 LF $ $ Atmos Line 45 Trench Profile A -A, 3x4", 4x2" Conduits with Ix2" 30 LF $ $ Atmos Line 46 Trench Profile B-B, 3x4", 4x2" Conduits with Ix2" 30 LF $ $ Atmos Line 47 Trench Profile C-C, 1 x4", 40" Conduits with I x2" 40 LF $ $ Atmos Line 48 Trench Profile D-D, Ix4", 4x2" Conduits with 102" 40 LF $ Atmos Line 49 Install 6" 90 Degree 48" Sweeps 4 EA $ $ 50 Install 4" 90 Degree 24" Sweeps 372 EA $ $ 51 Install 2" 90 Degree 24" Sweeps 270 EA $ 52 Purchase Item, 24x36x36 Pullbox/Handhole, Labeled 65 EA $ _ $ as per Exhibit A 53 Purchase Item, 48x96x48 Manhole, AT&T Labeled as 4 EA $ $ per Exhibit A 54 Installation, 48x96x48 Manhole, AT&T 4 EA $ $ 55 Installation of I Pullbox/Handhole Configuration 6 EA $ $ 56 Installation of 3 Pullbox/Handhole Configuration 17 EA $ $ 57 Installation of 4 Pullbox/Handhole Configuration 2 EA $ $ 58 Purchase Item, 6" HDPE Conduit in Sticks, No Reels 10,440 LF $ $ Color Quantities As Specified 59 Purchase Item, 4" HDPE Conduit in Sticks, No Reels 62,090 LF $ $ Color Ouantities As Specified 60 Purchase Item, 2" HDPE Conduit in Sticks, No Reels 8,680 LF $ $ Color Quantities As Specified 61 Purchase Item, 6" HDPE 90 Degree Sweep Color 4 EA $ $ Quantities As Specified 62 Purchase Item, 4" HDPE 90 Degree Sweep Color 372 EA $ $ Quantities As Specified 63 Purchase Item, 2" HDPE 90 Degree Sweep Color 270 EA Quantities As Specified $ $ 64 Atmos Equipment, Install 4" to 2" Tap 8 EA $ $ 65 Atmos Equipment, Install 4" to 4" Tap I EA $ $ 66 Atmos Equipment, Install 2" to 2" Tap 16 EA $ $ 67 Atmos Equipment, Install 2" Valves 24 EA $ $ 68 1 Atmos Equipment, Install 6" Sleeve, Main & Avenue 50 LF M $ $ Total Base Bid (Items 1-68) I $ Bidder's Initials 1 1 Bidder hereby agrees to commence the work on the above project on a date to be specified in a written "Notice to Proceed" of the Owner and to substantially complete the project within 180 Working Days thereafter as stipulated in the specifications and other contract documents. Bidder hereby further agrees to pay to Owner as liquidated damages the sum F of $ 11,315 for each consecutive calendar day in excess of the time set forth herein above for completion of this project, ail as more fully set forth in the general conditions of the contract documents. Bidder understands and agrees that this bid submittal shall be completed and submitted in accordance with instruction number 28 of the General Instructions to Bidders. Bidder understands that the Owner reserves the right to reject any or all bids and to waive any formality in the bidding. The Bidder agrees that this bid shall be good and may not be withdrawn for a period of 70 calendar days after the scheduled closing time for receiving bids. The undersigned Bidder hereby declares that he has visited the site of the work and has carefully examined the plans, specifications and contract documents pertaining to the work covered by this bid, and he further agrees to commence work on or before the date specified in the written notice to proceed, and to substantially complete the work on which he has bid; as provided in the contract documents. Bidders are required, whether or not a payment or performance bond is required, to submit a cashier's check or certified check issued by a bank satisfactory to the City of Lubbock, or a bid bond from a reliable surety company, - payable without recourse to the order of the City of Lubbock in an amount not less than five percent (5%) of the total amount of the bid submitted as a guarantee that bidder will enter into a contract, obtain all required insurance policies, and execute all necessary bonds (if required) within 10 business days after notice of award of the contract to him Bidder's Initials 4 Enclosed with this bid is a Cashier's Check or Certified Check for l_ Dollars (S } or a Bid Bond in the sum of Dollars (S ), 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 10 business days after the date of receipt of written notification of acceptance of said bid; otherwise, said check or bond shall be returned to the undersigned upon demand. Bidder understands and agrees that the contract to be executed by Bidder shall be bound and include all contract documents made available to him for his inspection in accordance with the Notice to Bidders. Pursuant to Texas Local Government Code 252.043(g), a 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: Date: Authorized Signature (Printed or Typed Name) Company Address City, County State Zip Code Telephone: - Fax: Addenda No. Date FEDERAL TAX ID or SOCIAL SECURITY No. Addenda No. Date Addenda No. Date Addenda No. Date EMAIL: NMEE Finn: woman Back American Native American Hispanic American I I Asian Pacific American I I Other (S eci ) LABEL THE OUTSIDE OF YOUR SEALED BID WITH THE 1TB NUMBER, THE CLOSING DATE AND TIME, AND YOUR COMPANY NAME AND ADDRESS. Contractor Checklist F-, E , Before submitting your bid, please ensure you have completed and included the following documents in the order they are listed. The contractor is only to submit (1) one original unbound copy of every item listed. 1. Carefully read and understand the plans and specifications and properly complete the BID SUBMITTAL FORM. Bid submittal form MUST be completed in blue or black ink or by typewriter. Signatures must be original, in blue or black ink, and by hand. The bidder binds himself on acceptance of his bid to execute a contract and any required bonds, according to the accompanying forms, for performing and completing the said work within the time stated and for the prices stated below. In case of a discrepancy between the Unit Price and the Extended Total for a Bid item, the Unit Price will be taken."Include corporate seal and Secretary's signature. Identify addenda received (if any). Include firm's FEDERAL TAX ID number or Owner's SOCIAL SECURITY number. 2. Include BID BOND or CASHIER'S OR CERTIFIED CHECK as your bid surety. Failure to provide a bid surety WILL result in automatic rejection of your bid. i 3. v Complete and sign the CITY OF LUBBOCK INSURANCE REQUIREMENT AFFIDAVIT. Contractor's signature must be original. 4. Clearly mark the bid number, title, due date and time and your company name and address on the outside of the envelope or container. 5. Ensure your bid is RECEIVED by the City of Lubbock Purchasing and Contract Management Office prior to the deadline. Late bids will not be accepted. 6. Complete and sign the SAFETY RECORD QUESTIONNAIRE. All "YES" responses must be explained in detail and submitted with Bid. 7. Complete and sign the SUSPENSION AND DEBARMENT CERTIFICATION. Include frrrn's - FEDERAL TAX ID number or Owner's SOCIAL SECURITY number: 8. Complete and submit the LIST OF SUB -CONTRACTORS. . DOCUMENTS REQUIRED WITHIN SEVEN BUSINESS DAYS AFTER CLOSING: ' 9. Complete and submit the FINAL LIST OF SUB -CONTRACTORS. !'FAILURE TO PROVIDE ANY OF THE ABOVE MAY RESULT IN YOUR BID BEING DEEMED I , .NON -RESPONSIVE AND, THEREFORE, NOT FURTHER EVALUATED. PLEASE INCLUDE THIS f COMPLETED PAGE AS THE FIRST PAGE OF YOUR BID SUBMITTAL. (Type or rint Company Name) Pate Intentionally Left Blank h 1. 2. 3. 4 4. 5. 6. 7. 8. 9. 10. 1 11. 12. c, INDEX NOTICE TO BIDDERS GENERAL INSTRUCTIONS TO BIDDERS BID SUBMITTAL — (must be submitted by published due date & time) 3-1. UNIT PRICE BID SUBMITTAL FORM 3-2. CITY OF LUBBOCK INSURANCE REQUIREMENT AFFIDAVIT 3-3. SAFETY RECORD QUESTIONNAIRE 3-4. SUSPENSION AND DEBARMENT CERTIFICATION 3-5 STATEMENT OF QUALIFICATIONS LIST OF SUB -CONTRACTORS PAYMENT BOND PERFORMANCE BOND CERTIFICATE OF INSURANCE CONTRACT GENERAL CONDITIONS OF THE AGREEMENT DAVIS BACON WAGE DETERMINATIONS SPECIAL CONDITIONS (IF APPLICABLE) SPECIFICATIONS 2 Page Intentionally Left Blank NOTICE TO BIDDERS ITB 15-12060-TS Sealed bids addressed to Marta Alvarez, Director of Purchasing and Contract Management , City of Lubbock, Texas, will be received in the office of the Purchasing and Contract Management Office, City Hall, 1625 13th Street, Room 204, Lubbock, Texas, 79401, until 3:00 p.m. on October 30, 2014, 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: Downtown Redevelopment Phase II Project After the expiration of the time and date above first written, said sealed bids will be opened in the office of the Purchasing and Contract Management Office and publicly read aloud. It is the sole responsibility of the bidder to ensure that his bid is actually in the office of the Purchasing and Contract Management Office for the City of Lubbock, before the expiration of the date above first written. Bids are due at 3:00 p.m, on October 30, 2014, and the City of Lubbock City Council will consider the bids on November 20, 2014, at the City Hall, 1625 13th Street, Lubbock, Texas, or as soon thereafter as may be reasonably convenient, subject to the right to reject any or all bids and waive any formalities. The successful bidder will be required to furnish a 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 $50,000. Said statutory bonds should be issued by a company carrying a current Best Rating of "A" or better. THE BONDS MUST BE IN A FORM ACCEPTABLE TO THE CITY ATTORNEY AND MUST BE DATED THE SAME DATE THAT THE CONTRACT WAS AWARDED. The estimated budget for this project is $1,800,000.00. Bidders are required, whether or not a payment or performance bond is required, to submit a cashier's or certified check issued by a bank satisfactory to the City of Lubbock, or a bid bond from a reliable surety _ company, payable without recourse to the order of the City of Lubbock in an amount not less than 5% of the total amount of the bid submitted as a guarantee that bidder will enter into a contract and execute all necessary bonds (if required) within ten (10) business days after notice of award of the contract to him. FAILURE OF THE BIDDER TO INCLUDE BID SECURITY WITH THE BID SUBMITTAL SHALL CONSTITUTE A NONRESPONSIVE BID AND RESULT IN DISQUALIFICATION OF THE BID SUBMITTAL. It shall be each bidder's sole responsibility to inspect the site of the work and to inform himself regarding all local conditions under which the work is to be done. It shall be understood and agreed that all such factors have been thoroughly investigated and considered in the preparation of the bid submitted. There will be a non -mandatory pre -bid conference on October 22, 2014 at 10:00 a.m., 1625 131h Street Room 204, Lubbock, Texas. Bidders may view the plans and specifications without charge at The Reproduction Company, 2102 Avenue Q, Lubbock, Texas 79405 or at www.thereproductioncompany.com. ONE SET OF PLANS AND SPECIFICATIONS MAY BE OBTAINED, AT THE CITY'S EXPENSE, FROM THE REPRODUCTION COMPANY WITH A $100 REFUNDABLE DEPOSIT, Phone: (806) 763-7770. _. 3 Deposit Checks shall be made PAYABLE TO THE CITY OF LUBBOCK, and will be refunded if documents are returned in good condition within Sixty (60) days after the opening of bids. Additional sets of plans and specifications may be obtained at the bidder's expense. Attention of each bidder is particularly called to the schedule of general prevailing rate of per diem wages included in the contract documents on file in the office of the Purchasing and Contract Management Office of the City of Lubbock, which document is specifically referred to in this Notice to Bidders. Each bidder's attention is further directed to Texas Government Code, Chapter 2258, Prevailing Wage Rates, and the requirements contained therein concerning the above wage scale and payment by the contractor of the prevailing rates of wages as heretofore established by owner in said wage scale. The City of Lubbock hereby notifies bidders that in regard to any contract entered into pursuant to this advertisement, minority and women business enterprises shall be afforded equal opportunities to submit bids in response to this invitation and will not be discriminated against on the grounds of race, color, sex, disability, or national origin in consideration for an award. The City of Lubbock does not discriminate against persons with disabilities. City of Lubbock pre -bid meetings and bid openings are available to all persons regardless of disability. If you require special assistance, please contact the Purchasing and Contract Management Office at (806) 775-2572 or write to Post Office Box 2000, Lubbock, Texas 79457 at least 48 hours in advance of the meeting. CITY OF LUBBOCK Marta ACvarez DIRECTOR OF PURCHASING AND CONTRACT MANAGEMENT E ` _ J GENERAL INSTRUCTIONS TO BIDDERS 1 BID DELIVERY TIME & DATE 1.1 The City of Lubbock is seeking written and sealed competitive bids to furnish Downtown Redevelopment Phase H Project per the attached specifications and contract documents. Sealed bids will be received no later than 3:00 p.m., on October 30, 2014 at the office listed below. Any bid received after the date and hour specified will be rejected and returned unopened to the bidder. Each bid and supporting documentation must be in a sealed envelope or container plainly labeled in the lower left- hand corner: "ITB 15-12060-TS, DOWNTOWN REDEVLOPMENT PHASE H PROJECT" and the bid opening date and time. Bidders must also include their company name and address on the outside of the envelope or container. Bids must be addressed to: Marta Alvarez, Director of Purchasing and Contract Management City of Lubbock 1625 13th Street, Room 204 Lubbock, Texas 79401 1.2 Bidders are responsible for making certain bids are delivered to the Purchasing and Contract Management Office. Mailing of a bid does not ensure that the bid will be delivered on time or delivered at all. If bidder does not hand deliver bid, we suggest that he/she use some sort of delivery service that provides a receipt. 1.3 Bids will be accepted in person, by United States Mail, by United Parcel Service, or by private courier service. No bids will be accepted by oral communication, telephone, electronic mail, telegraphic transmission, or telefacsimile transmission. THE CITY WILL NOT ACCEPT FAX BIDS. 1.4 The City of Lubbock reserves the right to postpone the date and time for opening bids through an addendum. 2 PRE -BID MEETING 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 10:00 a.m., on October 22, 2014, 1625 131h Street 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 the Internet at www.bidsYnc.coni. We strongly suggest that you check for any addenda a minimum of forty-eight hours in advance of the response deadline. BUSINESSES WITHOUT INTERNET ACCESS may use computers available at most public libraries. 3.2 Any bidder in doubt as to the true meaning of any part of the specifications or other documents may request an interpretation thereof from the Purchasing and Contract Management Office. At the request of the bidder, or in the event the Purchasing and Contract Management Office deems the interpretation to be substantive, the interpretation will be made by written addendum issued by the Purchasing and Contract Management Office. Such addenda issued by the Purchasing and Contract Management Office will be available over the Internet at www.bidsMe.com and will become part of the bid package having the same binding effect as provisions of the original ITB. NO VERBAL EXPLANATIONS OR INTERPRETATIONS WILL BE BINDING. In order to have a request for interpretation considered, the request must be submitted in writing and must be received by the City of Lubbock Purchasing and Contract Management Office no later than five (5) calendar days before the bid closing date. 3.3 All addenda, amendments, and interpretations of this solicitation shall be in writing. The City of Lubbock shall not be legally bound by any amendment or interpretation that is not in writing. Only information supplied by the City of Lubbock Purchasing and Contract Management Office in writing or in this ITB should be used in preparing bid responses. All contacts that a bidder may have had before or after receipt of this ITB with any individuals, employees, or representatives of the City and any information that may have been read in any news media or seen or heard in any communication facility regarding this bid should be disregarded in preparing responses. 3.4 The City does not assume responsibility for the receipt of any addendum sent to bidders. 4 EXAMINATION OF DOCUMENTS AND REQUIREMENTS - 4.1 Each bidder shall carefully examine all ITB documents and thoroughly familiarize itself with all requirements before submitting a bid to ensure that their bid meets the intent of these specifications. 4.2 Before submitting a bid, each bidder shall be responsible for making all investigations and examinations that are necessary to ascertain conditions and requirements affecting the requirements of this Invitation to Bid. Failure to make such investigations and examinations shall not relieve the bidder from obligation to comply, in every detail, with all provisions and requirements of the Invitation to Bid. Col 4.3 Notices of any discrepancies or omissions in these plans, specifications, or contract documents, shall be given to the Purchasing and Contract Management Office and a clarification obtained before the bids are received, and if no such notice is received by the Purchasing and Contract Management Office prior to the opening of bids, then it shall be deemed that the bidder fully understands the work to be included and has provided sufficient sums in its bid to complete the work in accordance lj with these plans and specifications. If bidder does not notify Purchasing and Contract Management Office before bidding of any discrepancies or omissions, then it shall be deemed for all purposes that the plans and specifications are sufficient and adequate for completion of the project. It is further agreed that any request for clarification must be submitted no later than five (5) calendar days prior to the bid closing date. 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. issuance of this ITB does not obligate the City of Lubbock to enter into contract for an services 5.2 The is o o g y b o y se vices or equipment. 5.3 All costs related to the preparation and submission of a bid shall be paid by the bidder. 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 i including trade secrets and commercial or financial information, clearly identify those portions. 6.2 The City of Lubbock will honor your notations of trade secrets and confidential information and decline to release such information initially, but please note that the final determination of whether a particular portion of your bid is in fact a trade secret or commercial or financial information that may be withheld from public inspection will be made by the Texas Attorney General or a court of competent jurisdiction. In the event a public information request is received for a portion of your bid that you have marked as being confidential information, you will be notified of such request and you will be required to justify your legal position in writing to the Texas Attorney General pursuant to Section 552.305 of the Government Code. In the event that it is determined by opinion or order of the Texas Attorney General or a court of competent jurisdiction that such information is in fact not privileged and confidential under Section 552.110 of the Government Code and Section 252.049 of the Local Government Code, then such information will be made available to the requester. 6.3 Marking your entire bid CONFIDENTIAUPROPRIETARY is not in conformance with the Texas Open Records Act. 6 i_.. 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, g = 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 t 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 and Contract Management Office if any language requirements, etc., or any combinations thereof, inadvertently restricts or limits the requirements stated in this TTB to a single source. Such notification must be submitted in writing and must be received by the City of Lubbock Purchasing and Contract Management Office no later than five (5) calendar days before the bid closing date. A review of such notifications will be made. 12.2 NO BIDDER SHALL REQUEST ANY INFORMATION VERBALLY. ALL REQUESTS FOR ADDITIONAL INFORMATION OR CLARIFICATION CONCERNING THIS INVITATION TO BID (ITB) MUST BE SUBMITTED IN WRITING NO LATER THAN FIVE (5) CALENDAR DAYS PRIOR TO THE BID CLOSING DATE AND ADDRESSED TO: Tiffini Shelley, Buyer City of Lubbock Purchasing and Contract Management Office 1625 13 h Street, Room 204 Lubbock, Texas 79401 Fax: 806-775-2164 Email: tslennon@mylubbock.us Bidsync: w-vvw.bidsync.com . _ 7 13 14 15 16 17 TIME AND ORDER FOR COMPLETION 13.1 The construction covered by the contract documents shall be substantially completed within 180 Working 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 11 contemplated by the contract documents. In the event the City requires a progress schedule to be 1 submitted, and it is determined by the City that the progress of the work is not in accordance with the progress schedule so submitted, the City may direct the Contractor to take such action as the City deems necessary to ensure completion of the project within the time specified. PAYMENT All payments due to Contractor shall be made in accordance with the provisions of the General Conditions of the contract documents. AFFIDAVITS OF BILLS PAID im The City of Lubbock reserves the right, prior to final acceptance of this project to require the Contractor to execute an affidavit that all bills for labor, materials and incidentals incurred in the construction of the improvements contemplated by the contract documents have been paid in full and that there are no claims pending, of which the Contractor has been notified. MATERIALS AND WORKMANSHIP The intent of these contract documents is that only materials and workmanship of the best quality and grade will be furnished. The fact that the specifications may fail to be sufficiently complete in some detail will not relieve the Contractor of full responsibility for providing materials of high quality and for protecting them adequately until incorporated into the project. The presence or absence of a representative of the City on the site will not i relieve the Contractor of full responsibility of complying with this provision. The specifications for materials and methods set forth in the contract documents provide minimum standards of quality, which the Owner believes necessary to procure a satisfactory project. GUARANTEES 17.1 All equipment and materials incorporated in the project and all construction shall be guaranteed against defective materials and workmanship. Prior to final acceptance, the Contractor shall furnish to the Owner, i a written general guarantee which shall provide that the Contractor shall remedy any defects in the work, and pay for any and all damages of any nature whatsoever resulting in such defects, when such defects appear within TWO years from date of final acceptance of the work as a result of defective materials or workmanship, at no cost to the Owner (City of Lubbock). 17.2 Notwithstanding any provisions contained in the contractual agreement, the Contractor represents and warrants fault -free performance and fault -free result in the processing date and date -related data (including, but not limited to calculating, comparing and sequencing) of all hardware, software and firmware products delivered and services provided under this Contract, individually or in combination, as the case may be from the effective date of this Contract. Also, the Contractor warrants calculations will be recognized and accommodated and will not, in any way, result in hardware, software or firmware failure. The City of Lubbock, at its sole option, may require the Contractor, at any time, to demonstrate the procedures it intends to follow in order to comply with all the obligations contained herein. 17.3 The obligations contained herein apply to products and services provided by the Contractor, its sub- contractor or any third party involved in the creation or development of the products and services to be delivered to the City of Lubbock under this Contract. Failure to comply with any of the obligations 18 19 20 21 22 contained herein, may result in the City of Lubbock availing itself of any of its rights under the law and under this Contract including, but not limited to, its right pertaining to termination or default. 17.4 The warranties contained herein are separate and discrete from any other warranties specified in this Contract, and are not subject to any disclaimer of warranty, implied or expressed, or limitation to the Contractor's liability which may be specified in this Contract, its appendices, its schedules, its annexes or any document incorporated in this Contract by reference. PLANS FOR THE CONTRACTOR The contractor will, upon written request, be furnished up to five sets of plans and specifications and related contract documents for use during construction. Plans and specifications for use during construction will only be furnished directly to the Contractor. The Contractor shall then distribute copies of plans and specifications to suppliers, subcontractors or others, as required for proper prosecution of the work contemplated by the Contractor. PROTECTION OF THE WORK The Contractor shall be responsible for the care, preservation, conservation, and protection of all materials, supplies, machinery, equipment, tools, apparatus, accessories, facilities, and all means of construction, and any and all parts of the work whether the Contractor has been paid, partially paid, or not paid for such work, until the date the City issues its certificate of completion to Contractor. The City reserves the right, after the bids have been opened and before the contract has been awarded, to require of a bidder the following information: (a) The experience record of the bidder showing completed jobs of a similar nature to the one covered by the intended contract and all work in progress with bond amounts and percentage completed. (b) A sworn statement of the current financial condition of the bidder. (c) Equipment schedule. TEXAS STATE SALES TAX 20.1 This contract is issued by an organization which qualifies for exemption provisions pursuant to provisions of Article 20.04 of the Texas Limited Sales, Excise and Use Tax Act. 20.2 The Contractor must obtain a limited sales, excise and use tax permit which shall enable him to buy the materials to be incorporated into the work without paying the tax at the time of purchase. PROTECTION OF SUBSURFACE LINES AND STRUCTURES It shall be the Contractor's responsibility to prosecute the work contemplated by the contract documents in such a way as to exercise due care to locate and prevent damage to all underground pipelines, utility lines, conduits or other underground structures which might or could be damaged by Contractor during the construction of the project contemplated by these contract documents. The City of Lubbock agrees that it will furnish Contractor the location of all such underground lines and utilities of which it has knowledge. However, such fact shall not relieve the Contractor of his responsibilities aforementioned. All such underground lines or structures cut or damaged by Contractor during the prosecution of the work contemplated by this contract shall be repaired immediately by Contractor to the satisfaction of the City of Lubbock, Texas, at Contractor's expense. 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 prof ect. 23 24 25 EXPLOSIVES 23.1 The use of explosives will not be permitted unless written permission to do so is obtained by the Contractor from the City. In all cases where written permission is obtained for the use of explosives, the Contractor shall assume full responsibility for all damage, which may occur as a direct or indirect result of the blasting. In addition, in all cases where explosives are authorized to be used, the Contractor shall use utmost care so as not to endanger life or property and the Contractor shall further use only such methods as are currently utilized by persons, firms, or corporations engaged in similar type of construction activity. 23.2 Explosive materials shall not be stored or kept at the construction site by the Contractor. 23.3 In all cases where explosives are to be used during the construction of the project contemplated by this contract, it shall be the duty of the Contractor to notify each utility company having structures (above or below the ground) in proximity to the site of the work of Contractor's intention to use explosives, and such notice shall be given sufficiently in advance to enable the companies to take such steps as they may deem necessary to protect their property from injury. Such notice, however, shall not relieve the Contractor of responsibility for any damage resulting from his blasting operations. 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. INSURANCE 25.1 The Contractor shall not commence work under this contract until he has obtained all insurance as required in the General Conditions of the contract documents, from an underwriter authorized to do business in the State of Texas and satisfactory to the City. Proof of coverage shall be furnished to the City and written notice of cancellation or any material change will be provided ten (10) days in advance of cancellation or change. All policies shall contain an agreement on the part of the insurer waiving the right to subrogation. The Contractor shall procure and carry at his sole cost and expense through the life of this contract, insurance protection as hereinafter specified. Coverage in excess of that specified herein also shall be acceptable. Such insurance shall be carried with an insurance company authorized to transact business in the State of Texas and shall cover all operations in connection with this contract, whether performed by the Contractor or a subcontractor, or separate policies shall be provided covering the operation of each subcontractor. A certificate of insurance specifying each and all coverages shall be submitted before contract execution. 25.2 PROOF OF COVERAGE SHALL BE FURNISHED TO THE CITY OF LUBBOCK IN THE FORM OF A CERTIFICATE OF INSURANCE ALONG WITH A COPY OF THE ADDITIONAL INSURED ENDORSEMENT. THE INSURANCE CERTIFICATES FURNISHED SHALL NAME THE CITY OF LUBBOCK AS AN ADDITIONAL INSURED TO ON AUTO/GENERAL LIABILITY ON A PRIMARYAND NON CONTRIBUTORY BASIS TO INCLUDE PRODUCT- COMP/OP AND PROVIDE A WAIVER OF SUBROGATION IN FAVOR OF THE CITY OF LUBBOCK AS REQUIRED BELOW, OR IN THE ALTERNATIVE, SHALL BE ACCOMPANIED BY A STATEMENT FROM THE CONTRACTOR TO THE EFFECT THAT NO WORK ON THIS PARTICULAR PROJECT SHALL BE SUBCONTRACTED. IT SHALL BE THE CONTRACTOR'S RESPONSIBILITY TO PROVIDE TO THE OWNER ALL PROOF OF COVERAGE INSURANCE DOCUMENTS INCLUDING WORKERS COMPENSATION COVERAGE FOR EACH SUBCONTRACTOR. THE ADDITIONAL INSURED ENDORSEMENT SHALL INCLUDE PRODUCTS AND COMPLETE OPERATIONS. 10 26 LABOR AND WORKING HOURS 26.1 Attention of each bidder is particularly called to the schedule of general prevailing rate of per diem wages -! included in these contract documents. The wage rate that must be paid on this project shall not be less than specified in the schedule of general prevailing rates of per diem wages as above mentioned. The bidders' attention is further directed to the requirements of Texas Government Code, Chapter 2258, Prevailing Wage Rates providing for the payment of the wage schedules above mentioned and the bidder's obligations thereunder. The inclusion of the schedule of general prevailing rate of per diem wages in the contract documents does not release the Contractor from compliance with any wage law that may be applicable. Construction work under the contract requiring an inspector shall not be performed on weekends or holidays unless the following conditions exist: 26.1.1 The project being constructed is essential to the City of Lubbock's ability to provide the necessary service to its citizens. 26.1.2 Delays in construction are due to factors outside the control of the Contractor. The Contractor is approaching the penalty provisions of the contract and Contractor can show he has made a diligent effort to complete the contract within the allotted time. 26.2 Before construction work requiring an inspector is to be performed on Sunday or holidays, the Contractor must notify the Owner's Representative not less than three full working days prior to the weekend or holiday he desires to do work and obtain written permission from the Owner's Representative to do such work. The final decision on whether to allow construction work requiring an inspector on Sunday or holidays will be made by the Owner's Representative. 26.3 In any event, if a condition should occur or arise at the site of this project or from the work being done under this contract which is hazardous or dangerous to property or life, the Contractor shall immediately commence work, regardless of the day of the week or the time of day, to correct or alleviate such condition so that it is no longer dangerous to property or life. 27 PAYMENT OF EMPLOYEES AND FILING OF PAYROLLS The contractor and each of his subcontractors shall pay each of his employees engaged in work on the project under this contract in full (less mandatory legal deductions) in cash, or by check readily cashable without discount, not less often than once each week. The Contractor and each of his subcontractors shall keep a record showing the name and occupation of each worker employed by the Contractor or subcontractor in the construction of the public work and the actual per diem wages paid to each worker. This record shall be open at all reasonable hours to inspection by the officers and agents of the City. The Contractor must classify employees according to one of the classifications set forth in the schedule of general prevailing rate of per diem wages, which schedule is included in the contract documents. The Contractor shall forfeit as a penalty to the City of Lubbock on whose behalf this contract is made, sixty dollars ($60) for each laborer, workman, or mechanic employed for each calendar day, or portion thereof, such laborer, workman or mechanic is paid less than the wages assigned to his particular classification as 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, and all blank spaces in the form shall be correctly filled in, stating the price in numerals for which he intends to do the work contemplated or furnish the materials required. Such prices shall be written in ink, distinctly and legibly, or typewritten. In case of discrepancy between the unit price and the extended total for a bid item, the unit price will be 1 30 31 taken. A bid that has been opened may not be changed for the purpose of correcting an error in the bid price. 29.2 If the bid is submitted by an individual, his name must be signed by him or his duly authorized agent. If a bid is submitted by a firm, association, or partnership, the name and address of each member must be given and the bid signed by a member of the firm, association or partnership, or person duly authorized. If the bid is submitted by a company or corporation, the company or corporate name and business address must be given, and the bid signed by an official or duly authorized agent. Powers of attorney authorizing agents or others to sign bids must be properly certified and must be in writing and submitted with the bid. The bid shall be executed in ink. 29.3 Each bid shall be enclosed in a sealed envelope, addressed as specified in the Notice to Bidders, and endorsed on the outside of the envelope in the following manner: 29.3.1 Bidder's name 29.3.2 ITB 15-12060-TS, DOWNTOWN REDEVELOPMENT PHASE H PROJECT 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. 29.4 Pursuant to Texas Local Government Code 252.043(g), a competitive sealed bid that has been opened may not be changed for the purpose of correcting an error in the bid price. THEREFORE, ANY CORRECTIONS TO THE BID PRICE MUST BE MADE ON THE BID SUBMITTAL FORM PRIOR TO BID OPENING. BOUND COPY OF CONTRACT DOCUMENTS Bidder understands and agrees that the contract to be executed by bidder shall be bound and will include the following: (a) Notice to Bidders. (b) General Instructions to Bidders. (c) Bidder's Submittal. (d) Statutory Bonds (if required). (e) Contract Agreement. (f) General Conditions. (g) Special Conditions (if any). (h) Specifications. (i) Insurance Certificates for Contractor and all Sub -Contractors. 0) All other documents made available to bidder for his inspection in accordance with the Notice to Bidders. If Plans and Specifications are too bulky or cumbersome to be physically bound, they are to be considered incorporated by reference into the aforementioned contract documents. QUALIFICATIONS OF BIDDERS The bidder may be required before the award of any contract to show to the complete satisfaction of the City of Lubbock that it has the necessary facilities, ability, and financial resources to provide the service specified therein in a satisfactory manner. The bidder may also be required to give a past history and references in order to satisfy the City of Lubbock about the bidder's qualifications. The City of Lubbock may make reasonable investigations deemed necessary and proper to determine the ability of the bidder to perform the work, and the bidder shall furnish to the City of Lubbock all information for this purpose that may be requested. The bidder's bid may be deemed not to meet specifications or the bid may be rejected if the evidence submitted by, or investigation of, the bidder fails to satisfy the City of Lubbock that the bidder is properly qualified to carry out the obligations of the contract and to complete the work described therein. Evaluation of the bidder's qualifications shall include: (a) The ability, capacity, skill, and financial resources to perform the work or provide the service required. 12 P, (b) The ability of the bidder to perform the work or provide the service promptly or within the time specified, without delay or interference. (c) The character, integrity, reputation, judgment, experience, and efficiency of the bidder. (d) The quality of performance of previous contracts or services. (e) The safety record of the Contractor and proposed Sub -Contractors Before contract award, the recommended contractor for this project may be required to show that he has experience with similar projects that require the Contractor to plan his work efforts and equipment needs with City of Lubbock specifications in mind. Demonstration of experience shall include a complete list of ALL similar municipal and similar non -municipal current and completed projects for the past three (3) years for review. This list shall include the names of supervisors and type of equipment used to perform work on these projects. In addition, the Contractor may be required to provide the name(s) of supervisor(s) that will be used to perform work on this project in compliance with City of Lubbock specifications herein. 32 BID AWARD 32.1 The City of Lubbock reserves the right to reject any or all bids, reject any particular item on a bid, and to waive immaterial formalities and to accept the offer most advantageous to the City of Lubbock in its sole discretion. Unless otherwise specified herein, the City shall award the bid based on the total bid for Bid Items One through Sixty Eight plus the sum of any Alternate Bids or Options the City may select. 32.2 All bids are evaluated for compliance with specifications before the bid price is considered. Response to specifications is primary in determining the best low bid. Failure to comply with the specifications may result in disqualification of the bid. 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. 32.7 The estimated budget for this project is $1,800,000.00. ["' 33 ANTI -LOBBYING PROVISION 33.1 DURING THE PERIOD BETWEEN THE BID CLOSE DATE AND THE CONTRACT AWARD, BIDDERS, INCLUDING THEIR AGENTS AND REPRESENTATIVES, SHALL NOT DIRECTLY DISCUSS OR PROMOTE THEIR BID WITH ANY MEMBER OF THE LUBBOCK CITY COUNCIL OR CITY STAFF EXCEPT IN THE COURSE OF CITY - SPONSORED INQUIRIES, BRIEFINGS, INTERVIEWS, OR PRESENTATIONS, UNLESS REQUESTED BY THE CITY. 13 33.2 This provision is not meant to preclude bidders from discussing other matters with City Council members or City staff. This policy is intended to create a level playing field for all potential bidders, assure that contract decisions are made in public, and to protect the integrity of the bid process. Violation of this provision may result in rejection of the bidder's bid. 34 PREVAILING WAGE RATES 34.1 Bidders are required to comply with Texas Government Code, Chapter 2258, Prevailing Wage Rates, with respect to the payment of prevailing wage rates for the construction of a public work, including a building, highway, road, excavation, and repair work or other project development or improvement, paid for in whole or in part from public funds, without regard to whether the work is done under public supervision or direction. A worker is employed on a public work if the worker is employed by the contractor or any subcontractor in the execution of the contract for the project 34.2 A worker employed on a public work by or on behalf of the City of Lubbock shall be paid not less than the general prevailing rate of per diem wages for the work of a similar character in the locality in which the work is performed, and not less than the general prevailing rate of per diem wages for legal holiday and overtime work. 34.3 The State of Texas has adopted the Federal Davis -Bacon wage rates for use in Texas pursuant to and in accordance with the Texas Government Code, Section 2258.022. Bidders may access the U. S. Department of Labor web site at the following web address to obtain the rates to be used in Lubbock County: littp://www.wdol.gov/dba.aspx 34.4 It shall be the responsibility of the successful bidder to obtain the proper wage rates from the web site for the type of work defined in the bid specifications. 34.5 A contractor or subcontractor who violates Texas Government Code Section 2258.023 shall pay 9A to the City of Lubbock sixty dollars ($60) for each worker employed for each calendar day or part of the day that the worker is paid less than the wage rates stipulated in the contract. I 14 I BID SUBMITTAL FORM I Pate Intentionally Left Blank � 4r�F��rdc�Ir�4e�'arrR��'1��Cj�r�&s��4ieie�e�k BID SUBMITTAL FORM �UNIT PRICE BIID CONTRACT DATE: Project: I'Y'B 15-12060-TS, I1 `vntown Redev lopment Phase II Pr L� C'I�- (hereinafter called Bid of /�.7 (I re Wafter c lle Bidder) To the Honorable Mayor and City Council City of Lubbock, Texas (hereinafter called Owner) Ladies and Gentlemen: The Bidder, in compliance with your Invitation to Bid for the construction of Downtown Redevelopment Phase II Project, having carefully examined the plans, specifications, instructions to bidders, notice to bidders and all other related contract documents and the site of the intended work, and being familiar with all of the conditions surrounding the construction of the intended project including the availability of materials and labor, hereby intends to furnish all labor, materials, and supplies; and to construct the project in accordance with the plans, specifications and contract documents, within the time set forth therein and at the price stated below. The bidder binds himself on acceptance of his bid to execute a contract and any required bonds, according to the accompanying forms, for performing and completing the said work within the time stated and for the prices stated below. ITEM NO. DESCRIPTION ESTIMATED QUANTITY UNIT OF MEASURE UNIT PRICE EXTENDED AMOUNT I Mobilization 1 LS $ � /3� 0 2 Traffic Control 12 MO S _ $ a� 3 Storm Water Control 12 MO 4 Remove Trees 10 EA 5 Remove Concrete Driveways and Alleys 240 SY 6 Remove Sidewalk 1,519 SY ¢ 7 Remove Asphalt or Brick Pavement 904 SY 8 Trench Excavation 1,952 CY is 9 Trench Excavation in Rock 976 CY $ 10 Trench Protection 4,030 LF I I Trench Bedding 495 CY 12 2 Sack Flowable Backfill 2,165 CY 13 Concrete Encasement of Electric Across 10 Street at 2 CY $ 306, S i �` Avenue M (p l4 New 4" Thick Concrete Sidewalk 3,020 SY ITEM NO. DESCRIPTION ESTIMATED QUANTITY UNIT OF MEASURE UNIT PRICE EXTENDED AMOUNT 15 New 6" Thick Concrete Driveways, Alleys 240 SY $ 6 $ Ib New Asphalt Pavement 796 SY $ 17 New Brick Pavement 215 SF 18 Jackhammer Old Traffic Light Foundations 11 EA "7em, $ 19 Partial Removal of Planter I EA $ !!1960` $ // 20 Repair of Planter 1 EA 21 Install ADA Ramps, SE Corner of 14' & M, NE 4 FA Comer of 14'b & M, NE Corner of 13a' & M, South $ /^� � � o' $ �LO� 7 Side of Alley, I &-Main & M per City of Lubbock of � , Specification 22 Repair ADA Ramps 13 EA $ $ 7� 23 Trench Profile M- I, 4x6", 24x4", 4x2" Conduits wish 300 LF $ �, 5 D $ J l x2" Atmos Line 24 Trench Profile M-2, 4x6", 22x 4", 2x2" Conduits with 315 LF $ -/ Ix2" Atmos Line 25 Trench Profile M-3, 4x6", 20x4" Conduits with Ix2" 360 LF $ $ Atmos Line 26 Trench Profile M4, 4x6", 18x4", 2x2" Conduits with 175 LF $ -r o� $ ®Q Ix2" Atmos Line 27 Trench Profile M-5, 4x6", 17x4", I x2" Conduits with 100 LF $ 3 $ 2 1 x2" Atmos Line I , 28 'french Profile M-6, 4x6", 27x4", 2x2" Conduits with 30 LF $ 3 3// `�' Ix2" Atmos Line 1 24 Trench Profile M-7, 4x6", I W", 2x2" Conduits with 230 LF $ G� n I x2" Atmos Line 30 Trench Profile M-8, 7x4", 4x2" Conduits with Ix2" t0 LF $ 7 $ 3 Atmos Line 1 31 Trench Profile M-9, 4x4" Conduits, 75 LF $ $ Q �� 32 Trench Profile M-10, 40", 1x2" Conduits 75 LF �i 33 Trench Profile M-1 I, 4x6", 20x4" Conduits with I x2" 160 LF Atmos Line 34 Trench Profile M-12, 15x4" Conduits with Ix2" Atmos 75 LFLine $ 3 �� $ �' 660 35 Trench Profile M-13, 6x4", 30" Conduits with lx2" 1,025 LF $ Atmos Line (� 7 36 Trench Profile M-14, 12x4" Conduits with Ix4" Atmos 200 LF $ �� $ ©D �6 Line 1 , 37 Trench Profile M-15, 46", 16x4", I x2" Conduits with ii 145 LF $ / �n Ix4" Atmos Line I 38 Trench Profile M-16, 4x6", 17x4", 2x2" Conduits with 240 LF S Ix4" Atmos Line 39 Trench Profile M-17, 4x6", 23x4", 4x2" Conduits with 30 LF $ qql $ l x4 Atmos Line 40 Trench Profile M-18, 4x6", 21x4", 2x2" Conduits with 75 LF $ $ �U 1 x4" Atmos Line i 41 Trench Profile M-19, 4x6", 200", 1x2" Conduits with 200 LF $ $ Ix4"Atmos Line I 1 , Bidder's Initials ITEM NO DESCRIPTION ESTIMATED QUANTITY UNIT OF MEASURE UNIT PRICE EXTENDED AMOUNT 42 Trench Profile M-20, 4x6", 19x4" Conduits with Ix4" 75 LF $ j 6 $ Atmos Line {� . 43 Omit 0 LF S S 44 Trench Profile M-23, 7x4", 40" Conduits with Ix2" 10 LF I % 2 $ ` $ / /� Atmos Line r r ` 45 Trench Profile A -A, 3x4", 4x2" Conduits with I x2" 30 LF $ 7 J $ G �� ��✓, Atmos Line J 46 Trench Profile B-B, 3x4", 4x2" Conduits with Ix2" 30 LF Atmos Line 47 Trench Profile C-C, Ix4", 4x2" Conduits with Ix2" 40 LF Atmos LineU/ 48 Trench Profile D-D, 1 x4", 4x2" Conduits with I x2" 40 LF S J �j, $ /L 5� �70� Atmos Line r ✓� 49 Install 6" 90 Degree48" Sweeps 4 EA 50 Install 4" 90 Degree 24" Sweeps 372 EA $� 51 Install 2" 90 Degree 24" Sweeps 270 EA $ / $ 52 Purchase Item, 240606 Pullbox/Handhole, Labeled 65 EA $ �UiJi $ �DD as per Exhibit A lfJ ✓ 53 Purchase Item, 48x96x48 Manhole, AT&T Labeled as 4 EA G $ 5ri�. $ per Exhibit A 54 Installation, 48x96x48 Manhole, AT&T 4 EA 55 Installation of I Pullbox/Handhole Configuration 6 EA ow 56 Installation of 3 PullboxJHandhole Configuration 17 EA $ $ t, 57 Installation of Pullbox/Handhole Configuration 2 EA $ f $ 58 Purchase Item, 6" HDPE Conduit in Sticks, No Reels 10,440 LF Color Quantities As Specified $ /• y 59 Purchase Item, 4" HDPE Conduit in Sticks, No Reels 62,090 LF $ ! Color uantities As Specified (p ��` 60 Purchase Item, 2" HDPE Conduit in Sticks, No Reels 8,680 LF $ $ QQ Color Quantities As Specified E• ( C�1 61 Purchase Item, 6" HDPE 90 Degree Sweep Color 4 EA $ Quantities As Specified 62 Purchase Item, 4" HDPE 90 Degree Sweep Color 372 EA yd $ 1 / $ tP rr 7oC Quantities As Specified , 63 Purchase Item, 2" HDPE 90 Degree Sweep it 270 EA S 10 61 Quantities As Specified 64 Atmos Equipment, Install 4" to 2" Tap 8 EA $ 116661 $ J 65 Atmos Equipment, Install 4" to 4" Tap I 1 EA $ 66 Atmos Equipment, Install 2" to 2" Tap 16 EA rUtOI/ $ 67 Atmos Equipment, Install 2" Valves 24 EA S 6, (� 68 Atmos Equipment, Install 6" Sleeve, Main & Avenue 50 LF $ $ M Total Base Bid (items 11-68) S1 0 3 Bidder's Initials Bidder hereby agrees to commence the work on the above project on a date to be specified in a written "Notice to Proceed" of the Owner and to substantially complete the project within 180 Workigg Days thereafter as stipulated in the specifications and other contract documents. Bidder hereby further agrees to pay to Owner as liquidated damages the sum r' of S 1 15 for each consecutive calendar day in excess of the time set forth herein above for completion of this project, all L 3 as more fully set forth in the general conditions of the contract documents. Bidder understands and agrees that this bid submittal shall be completed and submitted in accordance with instruction number 28 of the General Instructions to Bidders. Bidder understands that the Owner reserves the right to reject any or all bids and to waive any formality in the bidding, The Bidder agrees that this bid shall be good and may not be withdrawn for a period of 70 calendar days after the scheduled closing time for receiving bids. j The undersigned Bidder hereby declares that he has visited the site of the work and has carefully examined the plans, specifications and contract documents pertaining to the work covered by this bid, and he further agrees to commence work on or before the date specified in the written notice to proceed, and to substantially complete the work on which he has bid; as provided in the contract documents, n Bidders are required, whether or not a payment or performance bond is required, to submit a cashier's check or LJ 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 10 business days after notice of award of the contract to him a Bidder's Initials III �1 Enclosed w4b this bid is a Cashier's Cheek or Certified Check for -- Dollars (S or a Bid Bond in the sum of 16 Dollars (S 13 01.4 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 10 business days after the date of receipt of written notification of acceptance of said bid; otherwise, said check or bond shall be returned to the undersigned upon demand. Bidder understands and agrees that the contract to be executed by Bidder shall be bound and include all contract documents made available to him for his inspection in accordance with the Noljce to Bidders. d K/` r " - Pursuant to Texas Local Government Code 252.043(g), a competitive sealed bid that has been opened may not be changed for the purpose of correcting an error In the bid price. THEREFORE, ANY CORRECTIONS TO THE BID PRICE MUST BE MADE ON THE BID SUBMITTAL FORM PRIOR TO BID OPENING. 11; (Seal if Bidder is a Corporation) �. A ST: S retary MiIo Si FlT7-r (Printed or Typed Name) Co yany4, City,21,71 CouAt �go-2-- State - Code Telephone: W - f Fax.• -Yy - 7V - Addenda Na Date Addenda No. -��--- Date /D -3Q-r FEDERALTAX ID,oy S� SECURITY No. Addenda No. Date ----�- ---� — - _ Addenda No. Date � EMAti.:��r�4Oj��t,Nyi �t?� MMBE Firm: Woman Black American I Nativc American t -TX N V ,ZI Hispanic American Asian Pacific American I Othcr(Specifyl— Bidder acknowledges receipt of the following addenda: LABEL THE OUTSIDE OF YOUR SEALED BID WITH THE ITB NUMBER, THE CLOSING DATE AND TIME, AND YOUR COMPANY NAME AND ADDRESS. 1 I 77-7 1,,,, 1 � � o BONDING G CO. Mutual That Deenvood Construction, Inc. (hereinafter called the Principal) as Principal, and the MERCHANTS BONDING COMPANY (Mutual) a corporation of the State of Iowa, with its Home Office in the City of Des Moines, Iowa, (hereinafter called Surety), as Surety, are held and firmly bound to City of Lubbock, Texas (hereinafter called the Obl igee) in the full and just sum of ($ ---------------------- 5%-------------------------- ) Five Percent of the Greatest Amount Bid------------------------------------------------------------------------------- Dollars good and lawful money of the United States of America, to the payments of which sum of money well and truly to be made, the said Principal and Surety bind themselves, their and each of their heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. Signed, sealed and dated this 4th day of November 2014 THE CONDITION OF THIS OBLIGATION IS SUCH, that, if the Obligee shall make any award to the Principal for Downtown Redevelopment Phase II Project. ITB 15-12060-TS; Contract 12060; ect Number 92227.9240.30000 according to the terms of the proposal or bid made by the Principal therefor, and the Principal shall duly make and enter into a contract with the Obligee in accordance with the terms of said proposal or bid and award, and shall give bond for the faithful performance thereof with the MERCHANTS BONDING COMPANY (Mutual) and Surety, or with other Surety or Sureties approved by the Obligee; or if the Principal shall, in case of failure to do so, pay to the Obligee the damages which the Obligee may suffer by reason of such failure, not exceeding the penalty of this bond, then this obligation shall be null and void; otherwise it shall be and remain in full force and effect. IN TESTIMONY WHEREOF, the Principal and Surety have caused these presents to be duly signed and sealed. Deerwood Construction, Inc. 1 it ss: Princi al By Att r MNTS B DIN ANY (Mut Cara D. Hancoc , Attorney -In -Fact 11 MERCHANTS BONDING COMPANY. POWER OF ATTORNEY Know All Persons By These Presents, that MERCHANTS BONDING COMPANY (MUTUAL) and MERCHANTS NATIONAL BONDING, INC., both being corporations duly organized under the laws of the State of Iowa (herein collectively called the "Companies"), and that the Companies do hereby make, constitute and appoint, individually, Harold Binggeli, D.N. Broyles, Angela S. Goff, Cara D. Hancock, Carroll Mayfield, Ron Stroman, Jennifer Winters of Lubbock and State of Texas their true and lawful Attorney -in -Fact, with full power and authority hereby conferred in their name, place and stead, to sign, execute, acknowledge and deliver in their behalf as surety any and all bonds, undertakings, recognizances or other written obligations in the nature thereof, subject to the limitation that any such instrument shall not exceed the amount of: THREE MILLION ($3,000,000.00) DOLLARS and to bind the Companies thereby as fully and to the same extent as if such bond or undertaking was signed by the duly authorized officers of the Companies, and all the acts of said Attorney -in -Fact, pursuant to the authority herein given, are hereby ratified and confirmed. This Power -of -Attorney is made and executed pursuant to and by authority of the following By -Laws adopted by the Board of Directors of the Merchants Bonding Company (Mutual) on April 23, 2011 and adopted by the Board of Directors of Merchants National Bonding, Inc., on October 24, 2011. "The President, Secretary, Treasurer, or any Assistant Treasurer or any Assistant Secretary or any Vice President shall have power and authority to appoint Attomeys-in-Fact, and to authorize them to execute on behalf of the Company, and attach the seal of the Company thereto, bonds and undertakings, recognizances, contracts of indemnity and other writings obligatory in the nature thereof. The signature of any authorized officer and the seal of the Company may be affixed by facsimile or electronic transmission to any Power of Attorney or Certification thereof authorizing the execution and delivery of any bond, undertaking, recognizance, or other suretyship obligations of the Company, and such signature and seal when so used shall have the same force and effect as though manually fixed." In Witness Whereof, the Companies have caused this instrument to be signed and sealed this 3rd day of Auqust , 2012 . D �oR 9y� : � F_ �' -o- y 1933 c; • J :may• STATE OF IOWA COUNTY OF POLK ss. MERCHANTS BONDING COMPANY (MUTUAL) MERCHANTS NATIONAL BONDING, INC. By 7 7--Z� President On this 3rd day of August , 2012 , before me appeared Larry Taylor, to me personally known, who being by me duly sworn did say that he is President of the MERCHANTS BONDING COMPANY (MUTUAL) and MERCHANTS NATIONAL BONDING, INC.; and that the seals affixed to the foregoing instrument is the Corporate Seals of the Companies; and that the said instrument was signed and sealed in behalf of the Companies by authority of their respective Boards of Directors. In Testimony Whereof, I have hereunto set my hand and affixed my Official Seal at the City of Des Moines, Iowa, the day and year first above written. ex MARANDA GREENWALT , Commission Number 770312 My Commission Expires owe October28,2014 Notary Public, Polk County, Iowa STATE OF IOWA COUNTY OF POLK ss. I, William Warner, Jr., Secretary of the MERCHANTS BONDING COMPANY (MUTUAL) and MERCHANTS NATIONAL BONDING, INC., do hereby certify that the above and foregoing is a true and correct copy of the POWER -OF -ATTORNEY executed by said Companies, which is still in full force and effect and has not been amended or revoked. In Witness Whereof, I have hereunto set my hand and affixed the seal of the Companies on this 4th day of November , 2014 . ;moo?ORPOq •.y' • Z;" v 3• a 1933 ; c' y L POA 0014 (11/11) Secretary Contractor's General Information Business Address of Principle Office Telephone Numbers Main Number —1 Fax Number Web Site Address Form of Business (Check One) A Corporation A Partnership An Individual Date of Incorporation State of Incorporation Chief Executive Officer's Name President's Name d-4-P , i1.,QI'� Vice President's Name(s) Date of Organization State whcthcr partnership is general or limited Name Business Address Average Number of Current Full Time Employees 1 Average Estimate of Revenue for the Current Year _t I Contractor's Organizational Experience Organization Doing Business As Business Address of Regional Office Name of Regional Office Manager Telephone Numbers Main Number Fax Number -711 Web Site Address List of names that this organization currently, has or anticipates operating under over the history of the organization, including the names of related companies presently doing business: Names of Organ' ation From Date To Date l4 List of companies, firms or organizations that own any part of the organization. Name of companies, firms or organization Percent Ownership MIA Years experience in projects similar to the pro osed project: 'As a General Contractor As a Joint Venture Partner Has this or a predecessor organization ever defaulted on a project or failed to complete any [work awarded awarded to it? If yes provide full details in a separate attachment. See attachment No. ,Has this or a predecessor organization been released from a bid or proposal in the past ten ears? If yes provide full details in a separate attachment. See attachment No. Has this or a predecessor organization ever been disqualification as a bidder or proposer by any 'local, state, or federal agency within the last five ears? j0 If yes provide full details in a separate attachment. See attachment No. Is this organization or your proposed surety currently in any litigation or contemplating 'liti ation? /1 (/Q If yes provide full details in a separate attachment. See attachment No. Has this or a predecessor organization ever refused to construct or refused to provide materials -defined in the contract documents? Q If yes provide full details in a separate attachment. See attachment No. L Contractor's Proposed Key Personnel Organization Doing Business AsLl i ! ties 'I i Q t[ae s t Provide a brief description of the managerial structure of the organization and illustrate with an organizational cart. Include the title and names of key personnel. Include this chartat an attachment to this description. See attachment No. Cep _ \J&n l -tZt ' r rn / - [Amw ffvy� Provide a brief description of the managerial structure proposed for this project and illustrate with an organizational cart. Include the title and names of pro osed key personnel and alternates. Include this chart at an attachment to this description. See attachment No. Provide information on the key personnel proposed for this project that will provide the following key functions. Provide information for candidates for each of these positions on the pages for each of these key personnel. Also provide biographical information for each primary and alternate candidate as an attachment. The biographical information must include the following as a minimum: technical experience, managerial experience, education and formal training, work history which describes project experience, including the roles and responsibilities for each assignment, and primary language. Additional information highlighting experience which makes them the best candidate for the assignment should also be included. Role Primary Candidate Alternate Candidate Project Manager Project Superintendent Project Safety Officer ry Quality Control Manager If key personnel are to fulfill more than one of the roles listed above, provide a written narrative describing how much time will be devoted to each function, their qualifications to fulfill each role and the percentage of their time that will be devoted to each role. If the individual is not to be devoted s� to this project, indicate /hoz° time it to be divided between this and their other assignments. project c ��I I'm 3 DEERWOOD CONSTRUCTION, INC. ORGANIZATIONAL CHART Downtown Redevelopment Phase II Project Project Manager Mark Patterson Quality Control Mgr. Brvant Sebastian Operators Armando Castaneda, Jr Shane Hickman Von Kimbrell Albert Moreno Jayson Norby Mike Norris Crew Antonio Alvarez Charles Armstrong Craig Canady Armando Castaneda Kaleb Hurley Timothy Norris Jake Robbins Scott Schadagg Dylan Stephenson CEO Jan Patterson Office Manager Paulette Rogers Driver -Operator Justin Schoonover 1n 1 -L-Il i //1 - , n .. -- I IProposed Project Managers Organization Doing Business As Name of Individual Years of Experience as Project Manager Years of Experience with this organization / Number of similar projects as Project Manager Number of similar projects in other positions Current Project Assignments Name of Assignment Percent of Time Used for this Project Estimated Project Completion Date Reference Contact In ormation (listing names indicates ap val to contacting the names individuals as a reference Name . 4_n Name Title/ Position Title/ Position jj Organization 5p Or anization Telephone d Telephone 01 1�4 E-mail jo 5,0. COM E-mail it- /, 9U Project r TO S Project E Candidate role on Project e •, Name of Individual p cJ ji Candidates roleZ on Project C)h j Lee [,g Years of Experience as Project Manager364 Years of Experience with this organization Number of similar projects as Project Manager Number of similar projects in other positions Current Project Assignments Name of Assignment _ Percent of Time Used for this Pro•ect Estimated Project Com letio Date ( ,� �. 5 Name Name Title/ Position V Title/ Position Organization Organization �L Telephone Telephone E-mail (1 E-mail Project (/ Project Candidate role on Project P A r Candidate role on Project Prp ��M h 01 i Proposed Project Superintendent L Li Proposed Project Safety Officer Organization Doing Business As Name of Individual Years of Experience as Project Safety Officer Years of Experience with this organization Number of similar projects as Safety Officer Number of similar projects in other positions Current Project Assignments Name of Assignment ce itne Used for this Project stimated Project Completion Date Reference Contact Information(listing naives indicates ap oval to contacting the names individuals as a reference Name Name Title/ Position Title/ Position Organization Organization Telephone Telephone E-mail E-mail Project Project Candidate role on Project Name of Individual Candidate role on Project Years of Experience as Project Safety Officer Years of Experience with this organization Number of similar projects as Safety Officer Number of similar projects in other positions Current Project Assignments Name of Assignment Percent of Tine Used f8f this Project Estimated Project Completion Date Name Name Title/ Position Title/ Position Organization Organization -Telephone Telephone E-mail E-mail Project Protect Candidate role on Project Candidate role on Project 6 Proposed Project Quality Control Manager Organization Doing Business As Name of Individual Years of Experience as Quality Control Manager Years of Experience with this organization Number of similar projects as Quality Manager Number of similar projects in other positions Current Project Assignments Name of Assignment Percen f Used this ro" c sti teg Project A at Reference Contact Information(listing names indicates ap val to contacting the names individuals as a reference Name Name Title/ Position Title/ Position Organization Organization Telephone Telephone E-mail E-mail Project Project Candidate role on Project Name of Individual Candidate role on Project Years of Experience as Quality Control Manager Years of Experience with this organization Number of similar projects as Quality Manager Number of similar projects in other positions Current Project Assignments Name of Assignment Percent of Time Used for this Project EstHated Project Completion Date ' • • r • •• • •• Name • • • • • Name Title/ Position Title/ Position Organization Organization Telephone Telephone E-mail E-mail Project Project Candidate role on Project Candidate role on Project W_ I IContractor's Project Experience and Resources Organization Doing Business As �t Provide a list of major projects that are currently underway, or have been completed within the last ten years on Attachment A Provide a completed Project Information form (AttachmentA for projects that have been completed in the last five ears which specifically illustrate the organizations capability to provide best value to the Owner for this project. Include a completed Project Information form (Attachment for projects which illustrate the experience of the proposed key personnel. Provide a description of your organizations approach to completing this project to provide best value for the Owner. Including a description of your approach in the following areas: 1. Contract administration 2. Management of subcontractor and suppliers 3. Time management 4. Cost control 5. Quality management 6. Project site safety 7. Managing changes to the project YYY 8. Managing equipment 9. Meeting HUB / MWBE Participation Goal .. Provide a list of major equipment ro osed for use on this project. Attach Additional Information if necessary Equipment Item Primary Use on Project Own Will W Lease C UaWAAWA l ✓- C�D ✓ What work will the organization complete using its own resources? �1 � V �1 �'� ."e?� 5 W 0®, k [� Lile What work does the organization propose to subcontract on thisproject? t l Pu // e l 1A13-- a 8 I. Contract Admin. Deerwood Construction, Inc. and its administration will work closely with the City of Lubbock project manager and inspectors to ensure that the contract is adhered to and successfully completed in an efficient manner so that the City and public funds are used in the most beneficial manner for all. ?. Management of subcontractor and suppliers. Deerwood's Project Manager and Superintendent will oversee the purchase, storage, and usage of all materials to be installed on this project to ensure that the materials meet City of Lubbock specifications and are installed as recommended by the manufacturer. 3. Time management. Deerwood Construction, Inc. will develop a construction schedule to ensure that construction activities are efficiently competed within the construction contract time limit as well as meeting scheduled shutdown and tie-in activities to minimize the disruption of utility services to the customers_ 4. Cost control. Deerwood Construction, Inc. and its management team will track the project costs via daily work orders, purchase orders, and monthly billing summaries to ensure that the project is competed in a cost efficient manner. 5. Quality Management. Deerwood Construction, Inc. and all its personnel are committed to providing a total quality project and product for their customer/client. Quality is controlled by continuous inspection and oversight by the Project Manager, Superintendent, Foreman as well as Laborers. Specifications and manufacturer requirements are adhered to in strict concordance. 6. Project Site Safety. All Deerwood Construction, Inc. employees are trained and committed to Construction Safety. The Project Manager and Superintendent make daily inspections of the job site to ensure that all safety standards are being followed and that the job site is safe for the public as well as the employees. The job site will always have a trained Competent Person on site to oversee site safety conditions. 7. Managing changes to the project. No changes to the project scope or plans will be made without the authorization of City of Lubbock approval. Any cost changes to the project will be directed to the City of Lubbock Project Manager for approval prior to making the changes in field. S. Managing equipment. All Deerwood Construction, Inc. employees are properly trained prior to their utilization of equipment and tools on the job site. All equipment and tools will be inspected at the beginning of each day as well as throughout the work day to ensure that they are in good and safe working condition. Any unsafe equipment or tool found on the job will be locked out of service and taken off the job site for repair and/or replacement. 9. Meeting HUB/MWBE Participation Goal. Deerwood Construction, Inc. is a certified HUB with the State of Texas and will be performing 50% of the total contract amount. What work will the organization complete using its own resources? Deerwood Construction, Inc. will self perform the excavation and installation of the utilities except for the gas portion in this project. We will perform the main line water taps under the Class C Water Distribution License #WD0010602. All hauling of materials and equipment will also be performed by Deerwood Construction, Inc. What work does the organization propose to subcontract on this project? Asphalt patching, SWPPP, concrete work, gas portion and barricades will be subcontracted on this project. Contractor's Subcontractors and Vendors Organization Doing Business As Provide a list of subcontractors that will provide more than 10 percent of the work (based on contract amounts Name I Work to be Provided (Est. Percent I HUB/MWBE -� �.� of Contract Firm r I Aaii e..AA" // /f �h� �An,/� A /.,W/L//1�iit AAA � Provide information on the proposed key personnel, project experience and a description of past relationship and work ex enence for each subcontractor listed above usinE the Pro"ect Information Forms. Provide a list of major equipment ro osed for use on this project. Attach Additional Information if ary Furnish Furnish HUB/M Vendor Name Equipment / Material Provided Only and WBE -.` I Install Firm Current Projects and Project Completed within the last l0 Years Project Owner Project Name General Description of Project: Project Cost Date Project Completed Key Project Personnel Project Manager Project Superintendent Safety Officer Quality Control Manager _ Name Reference Contact Information (listing names indicates approval to contacting the names individuals as a reference) Naine Title/ Position Organization Telephone E-mail Owner Designer Construction Manager Project (honer Project Name General Description of .Project: Project Cost Date Project Completed Key Project Personnel Project Manager Project Superintendent Safety Officer Quality Control 'Manager Name Reference Contact Information (listing names indicates approval to contacting the names individuals as a reference) Name Title/ Position Organization Telephone E-mail Owner Designer CQnSirlletion Manager Project Owner Project Name General [;)ascription ofProject: Project Cost Date Project Completed Key Project Personnel Project Manager Project Superintendent Safety Officer Quality Control Manager Name Reference Contact Information (listing names indicates approval to contacting the names individuals as a reference) Name Title/ Position Organization Telephone E-mail Ocaner Designer Construction Manager 10 JWFL- 5 /49_ � Project Information 14 Project Owner 7 Project Name -General Description of Project Budget history Schedule Performance Amount % of Bid Amount Date Days Bid Notice to Proceed Change Orders Contract Substantial Completion Date at Notice to Proceed (honer Enhancements Contract Final Completion Date at Notice to Proceed Unl:oreseen Conditions Change Order Authorized Substantial Completion Date Design issues Change Order Authorized Final Completion Date Total Actual / Estimated Substantial Completion Date Final Cost Actual / Estimated Final Completion Date Project Manager Project Sup Safety Officer Quality Control 7 Manager Name Percentage of Time Devoted to the Project Proposed for this Project Did Individual Start and Complete the Project? ll'not, who started or completed the project in their place. Reason tier change. Name Title/ Position Organization Telephone E-mail Owner Designer Construction Manager Surety t Number of Issues Total Amount involved in Resolved Resolved Issues M. Number of Issues Total Amount involved in Pending Resolved Issues 2014 Agency/Owner Contract # Name & Location of Project Surety Company Sub or Prime Contractor Goods/Services Provided Start & Completion Dates Contract Amount Change Orders Contact Name/Telephone # Names of Supervisor on Job Site Name of Project Mgr/Safety/Quality Type of Equipment Used City of Levelland :Oxy Sports Complex Levelland-Oxy Sports Complex Not Required Lee Lewis Construction, Inc. Sewer, and Water 1/08/2014-4/2014 $276,773.00 $4,437.00 Devin Sherman 806-797-8400 Mike Taylor and Albert Moreno Bryant Sebastian $281,210.00 Agency/Owner Levelland ISD:Lobo Stadium - McCutchin Construction Contract # Name & Location of Project Lobo Stadium 1402 E. Ellis Street, Levelland, TX 79336 Surety Company Arthur J. Gallagher Risk Management Service, Inc. Cara@806 748-2010 Sub or Prime Contractor Deerwood Construction, Inc. Goods/Services Provided Sewer, and Water Start & Completion Dates 1/29/2014 - (Ongoing) Contract Amount $316,414.00 Change Orders N/A Contact Name/Telephone # Jake McCutchin 806-894-2861 Names of Supervisor on Job Site Von Kimbrell and Mike Norris Name of Project Mgr/Safety/Quality Bryant Sebastian Type of Equipment Used Agency/Owner Archer Daniel Midland: Southern Cotton Oil Contract # N/A Name & Location of Project Southern Cotton Oil 2300 E. 50th St, Lubbock, TX 79404 Surety Company Not Required Sub or Prime Contractor Deerwood Construction, Inc. Goods/Services Provided Bore and Install Pipe Start & Completion Dates 12/18/2013 to 05/14 Contract Amount $22,095.85 Change Orders $3,322.91 Contact Name/Telephone # Matt Gittings 806-723-5129 Names of Supervisor on Job Site Mike Norris Name of Project Mgr/Safety/Quality Bryant Sebastian Type of Equipment Used Agency/Owner Texas Tech University System Contract # TTU Petroleum Engineering Name & Location of Project 1901 University , Lubbock, Texas 79410 Surety Company Merchants Bonding Co (Mutual) Sub or Prime Contractor J.T. Vaughn Construction Co., Inc. Goods/Services Provided Gas, Sewer, Telecommunications, and Water Start & Completion Dates 9/24/2012 to 03/2014 Contract Amount $492,827.00 $534,586.00 Change Orders $41,759.00 Contact Name/Telephone # Steve Simpson Names of Supervisor on Job Site Mike Taylor Name of Project Mgr/Safety/Quality Bryant Sebastian Type of Equipment Used 2014 Agency/Owner Lubbock ISD - Jayne Ann Miller Elementary Contract # Name & Location of Project LISD Jayne Ann Miller Elementary School 6705 Joliet Drive, Lubbock, Texas 79413 Surety Company N/A Sub or Prime Contractor Lee Lewis Construction Co., Inc. Goods/Services Provided Water Start & Completion Dates 10/22/2013 to 03/2014 Contract Amount $87,697.00 Change Orders $23,627.00 $111,324.00 Contact Name/Telephone # Amy Bollinger 806-797-8400 Names of Supervisor on Job Site Von Kimbrell Name of Project Mgr/Safety/Quality Bryant Sebastian Type of Equipment Used Agency/Owner Contract # Name & Location of Project Surety Company Sub or Prime Contractor Goods/Services Provided _.9 Start & Completion Dates Contract Amount Change Orders Contact Name/Telephone # Names of Supervisor on Job Site Name of Project Mgr/Safety/Quality Type of Equipment Used SERVCO Company SERVCO Company 2700 East 66th St, Lubbock, TX 79404 N/A Lee Lewis Construction Co., Inc Sewer, and Water 10/7/2013 to 03/2014 $190,980.00 $17,578.00 $208,558.00 David Reyes 806-831-8678 Albert Moreno Bryant Sebastian Agency/Owner Cabela's West End Municipal Utilities Contract # Name & Location of Project Cabela's, 34th & W Loop 289, Lubbock, TX 79423 Surety Company N/A Sub or Prime Contractor Lee Lewis Construction, Inc Goods/Services Provided Sewer, and Water Start & Completion Dates 10/23/13 to 03/2014 Contract Amount $232,262.00 Change Orders N/A Contact Name/Telephone # Josh Weems 806-797-8400 and John Chappell 806-548-0156 Names of Supervisor on Job Site Mike Taylor Name of Project Mgr/Safety/Quality Bryant Sebastian Type of Equipment Used t- Agency/Owner Cabela's -West End Site Package Contract # Name & Location of Project Cabela's, 34th & W Loop 289, Lubbock, TX 79423 Surety Company Sub or Prime Contractor Lee Lewis Construction Co., Inc. Goods/Services Provided Hauling, Sewer, and Water Start & Completion Dates 10/07/13 to Contract Amount $160,120.00 Change Orders N/A Contact Name/Telephone # Josh Weems 806-797-8400 and John Chappell 806-548-0156 Names of Supervisor on Job Site Mike Taylor and Mike Norris Name of Project Mgr/Safety/Quality Bryant Sebastian Type of Equipment Used 2014 Agency/Owner Tigris, LLC:Elm Park - Contract Contract # Name & Location of Project Tigris, LLC Elm Park Addition, Lubbock, TX 79415 Surety Company Sub or Prime Contractor Deerwood Construction, Inc. Goods/Services Provided Sewer, and Water Start & Completion Dates 03/20/13 to 03/2014 Contract Amount $504,379.83 Change Orders $21,305.99 Contact Name/Telephone # Mr. Mitch Elliott 806-687-8888 and Bobby Beale 806-687-1587 Names of Supervisor on Job site Von Kimbreli and Mike Taylor Name of Project Mgr/Safety/Quality Bryant Sebastian Type of Equipment Used Agency/Owner Tigris, LLC:Portofino Apts Contract # Name & Location of Project Portofino Apts 6610 34th St Lubbock 79407 Surety Company N/A Sub or Prime Contractor Deerwood Construction, Inc. Goods/Services Provided Electrical, Sewer, and Water Start & Completion Dates 9/30/2013 to Contract Amount $181,066.57 Change Orders N/A Contact Name/Telephone # Mike Elliot 806-789-7773 Names of Supervisor on Job Site Von Kimbrell and Albert Moreno Name of Project Mgr/Safety/Quality Bryant Sebastian Type of Equipment Used Agency/Owner Bank and Office Space -Owner unknown Contract # Name & Location of Project 19th & Peoria Ave, Lubbock TX 79423 Surety Company Not Required Sub or Prime Contractor Collier Engineering Goods/Services Provided Storm Sewer Relocation Start & Completion Dates 05/2014 05/31/2014 Contract Amount $68,286.00 Change Orders N/A Contact Name/Telephone # Scott Collier 806-741-1982 Names of Supervisor on Job Site Mark Patterson - 806 741-1446 Name of Project Mgr/Safety/Quality Bryant Sebastian 806 741-1446 Type of Equipment Used Agency/Owner Inland Truck Parts Contract # Name & Location of Project Inland Truck Parts 109 E. Slaton Rd, Lubbock, TX 79404 Surety Company N/A Sub or Prime Contractor Collier Engineering Goods/Services Provided Underground Utilities Start & Completion Dates 04/2014 06/15/14 Contract Amount $180,191.00 Change Orders N/A Contact Name/Telephone # Hans Hanson 806-741-1982 Names of Supervisor on Job Site Hans Hanson 806-741-1982 Name of Project Mgr/Safety/Quality Bryant Sebastian- 806-741-1446 Type of Equipment Used 2014 Agency/Owner City of Lamesa Contract # Name & Location of Project Lamesa, TX - Sanitary Sewer and Water System Improvements Surety Company Arthur]. Gallagher & Co. Sub or Prime Contractor Prime Goods/Services Provided Sewer and Water Start & Completion Dates 06/2014 to 08/2014 Contract Amount $296,688.50 Contact Name/Telephone # Leonard Nail - Parkhill, Smith & Coop 806 473-2200 Names of Supervisor on Job Site Bryant Sebastian r-- Type of Equipment Used Backhoes, excavator, dump trucks Agency/Owner Lubbock Christian University Contract # N/A Name & Location of Project Margaret Talkington Center for Nursing Education-LCU Surety Company N/A Sub or Prime Contractor Lee Lewis Construction, Inc. -Prime - Goods/Services Provided Water, Sewer, Fire Line Start & Completion Dates 05/2014 to 09/2014 Contract Amount $251,900.00 Contact Name/Telephone # Jason Smith, VP 806 797-8400 Names of supervisor on Job Site Mark Patterson/Bryant Sebastian EEE Type of Equipment Used Backhoes excavator, dump trucks Agency/Owner City of Lubbock Contract # Name & Location of Project 16' Water Line Replacement Surety Company Arthur J. Gallagher & Co. Sub or Prime Contractor Prime Contractor Goods/Services Provided Replace 16" water line Start & Completion Dates 9/11/14 - ongoing Contract Amount $1,203,304.20 Change Orders Contact Name/Telephone # Greg Baler, Civil Engineer, (806) 775-2394 Names of Supervisor on Job Site Shane Hickman Name of Project Mgr/Safety, Bryant Sebastian Type of Equipment Used Agency/Owner University Medical Center Contract # Name & Location of Project UMC East Parking Lot Expansion Surety Company Sub or Prime Contractor Advanced Pavement Goods/Services Provided Storm Sewer Start & Completion Dates 9/9/14 to ongoing Contract Amount $176,728.00 Change Orders Contact Name/Telephone # Jessie Garrett, 806-371-7283 Names of Supervisor on Job Site Jayson Norby Name of Project Mgr/Safety/Quality Bryant Sebastian Type of Equipment Used 2014 Agency/Owner Covenant Hospital Contract # Name & Location of Project Community Health Center Surety Company Sub or Prime Contractor Teinert Construction Goods/Services Provided Site Utilities Start & Completion Dates 8/22/14 to ongoing Contract Amount $91,660.00 Change Orders Contact Name/Telephone # Chad Henthorn, 806-744.2801 Names of Supervisor on Job Site Von Kimbrell Name of Project Mgr/Safety/Quality Bryant Sebastian Type of Equipment Used Agency/Owner South Plains Food Bank Contract # Name & Location of Project Talkington South Plains Food Bank Surety Company Sub or Prime Contractor Pharr & Co. Goods/Services Provided Site Utilities Start & Completion Dates 7/24/14 to ongoing Contract Amount $192,157.00 Change Orders Contact Name/Telephone # Jimmy Pharr - 806-763-5263 Names of Supervisor on Job Site Von Kimbrell Name of Project Mgr/Safety/Quality Bryant Sebastian Type of Equipment Used Agency/Owner University Medical Center Contract # Name & Location of Project UMC Southwest Cancer Center Surety Company Sub or Prime Contractor Collier Construction Goods/Services Provided Site Utilities Start & Completion Dates 8/7/14 to ongoing Contract Amount $95,446.00 Change Orders Contact Name/Telephone # Hans Hanson 806-741-1982 Names of Supervisor on Job Site Albert Moreno Name of Project Mgr/Safety/Quality Bryant Sebastian Type of Equipment Used Agency/Owner Texas Tech University Contract # 1 Name & Location of Project TTU HSC East Parking Lot Expansion Surety Company Sub or Prime Contractor J T Vaughn Construction Goods/Services Provided Storm Sewer Start & Completion Dates 10/16/14 to ongoing Contract Amount $102,940.00 Change Orders Contact Name/Telephone # James Mitchell - (713) 984-4421 ; Names of Supervisor on Job Site Jayson Norby Name of Project Mgr/Safety/Quality Bryant Sebastian Type of Equipment Used C' 2014 Agency/Owner Lamesa ISD Contract # Name & Location of Project Pre-K Addition, Lamesa ISD Surety Company Sub or Prime Contractor Pharr & Co Goods/Services Provided Site Utilities Start & Completion Dates have not started Contract Amount $90,480.00 Change Orders Contact Name/Telephone # Jimmy Pharr - 806-763-5263 Names of Supervisor on Job Site Name of Project Mgr/Safety/Quality Bryant Sebastian Type of Equipment Used Agency/Owner Texas Tech University Contract # Name & Location of Project TTU Synthetic Turf Intramural Recreational Field Surety Company Sub or Prime Contractor Deerwood Construction, Inc. Goods/Services Provided Site Utilities Start & Completion Dates 10/16/14 to ongoing Contract Amount $102,940.00 Change Orders Contact Name/Telephone # J T Vaughn Construction Names of Supervisor on Job Site Jayson Norby Name of Project Mgr/Safety/Quality Bryant Sebastian Type of Equipment Used 2013 Agency/Owner Archer Daniel Midland: Southern Cotton Oil (_ Contract # Name & Location of Project Southern Cotton Oil 2300 E. 50th St, Lubbock, TX 79404 Surety Company Not Required Sub or Prime Contractor Southern Cotton Oil 2300 E. 50th St, Lubbock, TX 79404 Goods/Services Provided Bore and Install Pipe Start & Completion Dates 04/2014 Contract Amount $22,095.85 Change Orders $3,322.91 Contact Name/Telephone # Matt Gittings 806-723-5129 Names of Supervisor on Job Site Mike Norris ' Name of Project Mgr/Safety/Quality Bryant Sebastian Type of Equipment Used r : Agency/Owner City of Abernathy, Parkview Addition Contract # Name & Location of Project Parkview Addition 12th and Ave N Abernathy, Texas Surety Company Merchants Bonding Company (Mutual) Sub or Prime Contractor -Engineer Carthel Engineering Solutions Goods/Services Provided Sewer Start & Completion Dates 6/18/2013 TO 09/19/2013 Contract Amount $96,913.00 Change Orders N/A Contact Name/Telephone # Ches Carthel 806-787-3449 Names of Supervisor on Job Site Von Kimbrell Name of Project Mgr/Safety/Quality Bryant Sebastian Type of Equipment Used Agency/Owner City of Post: Water System Replacement Contract # Name & Location of Project City of Post Sandy Creek Crossing, Post, TX 79356 Surety Company Merchants Bonding Company (Mutual) Sub or Prime Contractor Deerwood Construction, Inc. Goods/Services Provided Water System Replaced Start & Completion Dates W/E O1/30/13 to W/E 03/06/13 Contract Amount $79,883.50 Change Orders $310.00 Contact Name/Telephone # Oscar 806-353-7233 Names of Supervisor on lob Site Von Kimbrell Name of Project Mgr/Safety/Quality Bryant Sebastian Type of Equipment Used Agency/Owner CVS #04783 Contract # Name & Location of Project CVS Pharmacy #04783 608 N. Slide Rd, Lubbock, Texas 79416 Surety Company Sub or Prime Contractor Helker & Crawford Constructors, LP:CVS #04783 Goods/Services Provided Hauling, Sewer, and Water Start & Completion Dates 7/24/2013 TO 10/18/2013 Contract Amount $173,000.00 Change Orders $12,662.00 Contact Name/Telephone # Scott Berger 214-222-0063 Names of Supervisor on Job Site Von Kimbrell Name of Project Mgr/Safety/Quality Bryant Sebastian Type of Equipment Used Agency/Owner Texas Tech University System Contract # Name & Location of Project TTU Jones Stadium Infill and Colonade Lubbock, Texas Surety Company Sub or Prime Contractor IT Vaught Construction Co., Inc. Goods/Services Provided Electrical, Sewer, and Water Start & Completion Dates W/E 4/24/2013 TO W/E 12/04/2013 Contract Amount $419,392.00 Change Orders $36,986.00 Contact Name/Telephone # Jarad Schmidt 806-368-3497 x4232 Names of Supervisor on lob Site Von Kimbrell Name of Project Mgr/Safety/Quality Bryant Sebastian Type of Equipment Used 1,2 ' 2013 Agency/Owner Texas Tech University System Contract # Name & Location of Project TTU Petroleum Engineering Bldg. , 1901 University 2nd Floor, Lubbock, Texas 79410 Surety Company Merchants Bonding Co (Mutual) Sub or Prime Contractor J.T. Vaughn Construction Co., Inc. Goods/Services Provided Gas, Sewer, Telecommunications, and Water Start & Completion Dates 9/24/2012 to Ongoing Contract Amount $492,827.00 Change Orders $41,759.00 Contact Name/Telephone # Steve Simpson 806-368-3497 Names of Supervisor on Job Site Mike Taylor Name of Project Mgr/Safety/Quality Bryant Sebastian of Equipment Used ,-,,,Type ' Agency/Owner State of Texas - DPS Facility Contract # Name & Location of Project DPS Facility 1404 Lubbock Business Park Blvd, Lubbock, TX 79403 }Surety Company N/A Sub or Prime Contractor Lee Lewis Construction, Inc Goods/Services Provided Sewer, and Water Start & Completion Dates W/E 02/15/12 to W/E 5/05/13 Contract Amount $172,352.00 $290,541.00 Change Orders $118,189.00 ;Contact Name/Telephone # Chad Henthorn 806-747-3986 Names of Supervisor on Job Site Mike Taylor Name of Project Mgr/Safety/Quality Bryant Sebastian Type of Equipment Used t Agency/Owner Lubbock ISD - Jayne Ann Miller Elementary # N/A Name & Location of Project LISD Jayne Ann Miller Elementary School 6705 Joliet Drive, Lubbock, ,_Contract Surety Company TX 79413 'Sub or Prime Contractor Lee Lewis Construction, Inc. Goods/Services Provided Water & Completion Dates 10/22/2013 to Ongoing ,_Start Contract Amount $87,697.00 'Change Orders $23,627.00 Contact Name/Telephone # Amy Bollinger 806-797-8400 Names of Supervisor on Job Site Von Kimbrell '°Name of Project Mgr/Safety/Quality Bryant Sebastian Type of Equipment Used Agency/Owner Lubbock IDS - Lowery Field Improvements Contract # 'Name & Location of Project LLCI Lowery Field Improvements 68th St and Ave P, Lubbock, Texas Surety Company N/A Sub or Prime Contractor Lee Lewis Construction, Inc. Goods/Services Provided Gas, Sewer, and Water Start & Completion Dates 06/27/2013 to 10/16/2013 p, `Contract Amount $476,826.00 Change Orders ( 'Contact $28,468.00 Name/Telephone # Jacob Kirkland 806-797-8400 Names of Supervisor on Job Site Mike Taylor -- Name of Project Mgr/Safety/Quality Bryant Sebastian Type of Equipment Used Agency/Owner SERVCO Company TContract # Name & Location of Project SERVCO Company 2700 East 66th St, Lubbock, TX 79404 a _£Surety Company N/A Sub or Prime Contractor Lee Lewis Construction, Inc. Goods/Services Provided Sewer, and Water 'Start & Completion Dates 10/7/2013 to Ongoing Contract Amount $190,980.00 Change Orders $17,578.00 Contact Name/Telephone # David Reyes 806-831-8678 Names of Supervisor on Job Site Albert Moreno Name of Project Mgr/Safety/Quality Bryant Sebastian Type of Equipment Used 2013 Agency/Owner Shallowater ISO - Football Field Contract # Name & Location of Project Shallowater ISD 1100 Avenue K, Shallowater, TX 79363 Surety Company Sub or Prime Contractor Lee Lewis Construction, Inc. Goods/Services Provided Electrical, Sewer, and Water Start & Completion Dates 05/22/13 to 08/08/13 Contract Amount $54,865.00 Change Orders $3,200.00 1-� Contact Name/Telephone # Gary Missersmith Fax# 806-797-8492 Names of Supervisor on Job Site Von Kimbrell and Albert Moreno Name of Project Mgr/Safety/Quality Bryant Sebastian Type of Equipment Used Agency/Owner Cabela's - West End Municipal Utilities Contract # Name & Location of Project Cabela's West End Municipal Utilities 34th & W Loop 289, Lubbock, Surety Company TX.79423 Sub or Prime Contractor Lee Lewis Construction, Inc. Goods/Services Provided Sewer, and Water Start & Completion Dates 10/23/13 to Ongoing Contract Amount $232,262.00 Change Orders N/A Contact Name/Telephone # Josh Weems 806-797-8400 and John Chappell 806-548-0156 Names of Supervisor on Job Site Mike Taylor Name of Project Mgr/Safety/Quality Bryant Sebastian Type of Equipment Used Agency/Owner Cabela's - West End Site Package Contract # Name & Location of Project Cabela's West End Site Package 34th & W Loop 289, Lubbock, TX 79423 Surety Company Sub or Prime Contractor Lee Lewis Construction, Inc. Goods/Services Provided Hauling, Sewer, and Water Start & Completion Dates 10/07/13 to Ongoing Contract Amount $160,120.00 Change Orders N/A Contact Name/Telephone # Josh Weems 806-797-8400 and John Chappell 806-548-0156 Names of Supervisor on Job Site Mike Taylor and Mike Norris Name of Project Mgr/Safety/Quality Bryant Sebastian Type of Equipment Used Agency/Owner Lubbock Commercial Building, Inc.:The Grove Contract # Name & Location of Project Lubbock Commercial Building, Inc.:The Grove, Memphis St between 107th and 110th St, Surety Company Lubbock, TX Sub or Prime Contractor Deerwood Construction, Inc. Goods/Services Provided Sewer, and Water Start & Completion Dates W/E 02/27/13 to W/E 08/21/13 Contract Amount $29,228.00 Change Orders N/A Contact Name/Telephone # Lee Lewis Construction 806-797-8400 Names of Supervisor on Job Site Von Kimbrell Name of Project Mgr/Safety/Quality Bryant Sebastian Type of Equipment Used Agency/Owner Lubbock Power & Light:COSTCO Contract # Name & Location of Project LP&L COSTCO 6020-34th & Loop 289, Lubbock, TX Surety Company Not Required Sub or Prime Contractor Deerwood Construction, Inc. Goods/Services Provided Electrical Start & Completion Dates 09/04/2013 to 10/01/2013 Contract Amount $34,675.00 Change Orders N/A Contact Name/Telephone # Guy Yarborough 806-790-7243 Names of Supervisor on Job Site Shane Hickman Name of Project Mgr/Safety/Quality Bryant Sebastian Type of Equipment Used Agency/Owner sss Contract # Name & Location of Project Surety Company Sub or Prime Contractor Goods/Services Provided Start & Completion Dates Contract Amount Change Orders Contact Name/Telephone # a Names of Supervisor on Job Site Name of Project Mgr/Safety/Quality Type of Equipment Used Agency/Owner Contract # Name & Location of Project Surety Company Sub or Prime Contractor Goods/Services Provided Start & Completion Dates Contract Amount Change Orders dContact Name/Telephone # n Names of Supervisor on Job Site Name of Project Mgr/Safety/Quality Type of Equipment Used --, Agency/Owner Contract # Name & Location of Project ( Surety Company P Sub or Prime Contractor Goods/Services Provided Start & Completion Dates Contract Amount Change Orders Contact Name/Telephone # Names of Supervisor on Job Site Name of Project Mgr/Safety/Quality ,Type of Equipment Used Agency/Owner Contract # Name & Location of Project ;Surety Company Sub or Prime Contractor Goods/Services Provided Start & Completion Dates 'Contract Amount Change Orders Contact Name/Telephone # Names of Supervisor on Job Site . Name of Project Mgr/Safety/Quality 'Type of Equipment Used i Agency/Owner ,Contract # Name & Location of Project Surety Company Sub or Prime Contractor Goods/Services Provided Start & Completion Dates Contract Amount Change Orders Contact Name/Telephone # Names of Supervisor on Job Site Name of Project Mgr/Safety/Quality Type of Equipment Used L_ 2013 Lubbock Power & Ught:NL 289 Trench/Bore LP&L Trench/Bore NL 289, Lubbock, TX Merchants Bonding Company (Mutual) Deerwood Construction, Inc. Electrical W/E 12/20/12 to WE 02/27/13 $95,894.75 N/A Lee Roy Martinez 806-775-2695 Albert Moreno Bryant Sebastian Lubbock Power & Light: Portofino Apts LP&L Portofino Apts 6610 34th St. Lubbock, Texas Deerwood Construction, Inc. Electrical 11/18/2013to 12/11/2013 $34,970.00 N/A Guy Yarborough 806-790-7243 Von Kimbrell Bryant Sebastian Lubbock Power & Light: Ravenwood LP&L Reserve at Ravenwood, 4200 105th St, Lubbock, TX Merchants Bonding Company (Mutual) Deerwood Construction, Inc. Electrical 05/01/13 to 07/12/2013 $77,505.00 N/A Guy Yarborough 806-790-7243 Shane Hickman Bryant Sebastian TDC] - Montford Unit TDC] Montford Unit Olive Ave FM 3431 & Siaton HWY 84, Lubbock, TX N/A Bright Star Electric Electrical 12/12/12 to W/E 02/06/13 $28,000.00 N/A Martin 806-281-3603 Brady Armes Bryant Sebastian Park 7 Group:The Avenue of LBK Apts Park 7 Group:The Avenue of LBK Apts, 1212 North Quaker Ave, Lubbock, TX 79415 Deerwood Construction, Inc. Electrical, Telecommunications W/E O1/18/13 to 03/29/13 $75,000.00 $25,828.30 Steve Hunt806-368-7955 Von Kimbrell and Albert Moreno Bryant Sebastian Agency/Owner Contract # Name & Location of Project Surety Company Sub or Prime Contractor Goods/Services Provided Start & Completion Dates Contract Amount Change Orders Contact Name/Telephone # Names of Supervisor on Job Site Name of Project Mgr/Safety/Quality Type of Equipment Used Agency/Owner Contract # Name & Location of Project Surety Company Sub or Prime Contractor Goods/Services Provided Start & Completion Dates Contract Amount Change Orders Contact Name/Telephone # Names of Supervisor on Job Site Name of Project Mgr/Safety/Quality Type of Equipment Used Agency/Owner Contract # Name & Location of Project Surety Company Sub or Prime Contractor Goods/Services Provided Start & Completion Dates Contract Amount Change Orders Contact Name/Telephone # Names of Supervisor on Job Site Name of Project Mgr/Safety/Quality Type of Equipment Used Agency/Owner Contract # Name & Location of Project Surety Company Sub or Prime Contractor Goods/Services Provided Start & Completion Dates Contract Amount Change Orders Contact Name/Telephone # Names of Supervisor on Job Site Name of Project Mgr/Safety/Quality Type of Equipment Used Agency/Owner Contract # Name & Location of Project Surety Company Sub or Prime Contractor Goods/Services Provided Start & Completion Dates Contract Amount Change Orders Contact Name/Telephone # Names of Supervisor on Job Site Name of Project Mgr/Safety/Quality Type of Equipment Used 2013 Lasesa ISO - Lamesa High School Cafeteria Lamesa HS Cafeteria 600 North 14th St, Lamesa, TX 79331 Pharr & Company Sewer, and Water 07/25/13 to 12/04/13 $112, 868.00 $1,260.00 Gary Stringer 806-763-5263 Shane Hickman Bryant Sebastian Tao Development: Wildcat Estates, Idalou, TX Tao Development: Wildcat Estates Lots 1-16, Idalou, TX Deerwood Construction, Inc. Sewer, and Water 08/21/13to 10/01/13 $149,963.57 N/A Zach Sawyer806-786-4947 Von Kimbrell Bryant Sebastian Tigris, LLC:Elm Park - Contract Tigris, LLC Elm Park Addition, Lubbock, TX 79415 Deerwood Construction, Inc. Sewer, and Water W/E 03/20/13 to Ongoing $504,379.83 $21,305.99 Mr. Mitch Elliott 806-687-8888 and Bobby Beale 806-687-1587 Von Kimbrell and Mike Taylor Bryant Sebastian Tigris, LLC:Portofino Apts Portofino Apts 6610 34th St Lubbock 79407 N/A Deerwood Construction, Inc. Electrical, Sewer, and Water 9/30/2013 to Ongoing $181,066.57 N/A Mike Elliot 806-789-7773 Von Kimbrell and Albert Moreno Bryant Sebastian Abernathy ISO Abernathy ISO Elementary, 505 7th St, Abernathy, TX 79311 Western Builders of Amarillo Sewer, and Water 03/18/13 to 08/21/13 $121,552.00 $13,923.50 Jared Davis 806-376-4321 Von Kimbrell and Mike Taylor Bryant Sebastian 2012 Agency/Owner State of Texas Contract # Name & Location of Project Department of Public Safety Surety Company N/A Sub or Prime Contractor Lee Lewis Construction, Inc. Goods/Services Provided Site Utilities Start & Completion Dates 2/15/12 In Progress Contract Amount $172,352.00 Change Orders $118,189.00 Contact Name/Telephone # David Meadows 797-8400 Names of Supervisor on Job Site Bryant Sebastian-20% time devoted/Mike Taylor-60% time devoted Name of Project Mgr/Safety/Quality Bryant Sebastian Type of Equipment Used Backhoe, Excavator Agency/Owner United Supermarkets Contract # Name & Location of Project Q' 19 Shopping Center Surety Company N/A Sub or Prime Contractor Lee Lewis Construction, Inc. Goods/Services Provided Install water/sewer Start & Completion Dates 1/18/12 July 2012 Contract Amount $122,555.00 Change Orders $31,560.00 Contact Name/Telephone # Jason Smith 797-8400 Names of Supervisor on Job Site Bryant Sebastian-10% time devoted/Von Kimbrell-40% time devoted Name of Project Mgr/Safety/Quality Bryant Sebastian Type of Equipment Used Backhoe, Excavator Agency/Owner Lubbock ISD Contract # Name & Location of Project Lowry Field Addition/Renovaitons Surety Company N/A Sub or Prime Contractor Lee Lewis Construction, Inc. Goods/Services Provided Install water/sewer Start & Completion Dates March 2012 In Progress Contract Amount $476,826.00 Change Orders $10,063.00 Contact Name/Telephone # Jacob Kirkland 797-8400 Names of Supervisor on Job Site Bryant Sebastian-25% time devoted/Mike Taylor-40% time devoted Name of Project Mgr/Safety/Quality Bryant Sebastian Type of Equipment Used Excavator, Backhoe, Loader, Skidsteer Agency/Owner City of Lubbock Contract # ITB#12-10386-CI Name & Location of Project King's Dominion Surety Company %Gallagher & Company -Cara 748-2010 Sub or Prime Contractor Deerwood Construction, Inc. Goods/Services Provided Install water/sewer Start & Completion Dates 5/9/12 Sept 2012 Contract Amount $615,730.31 Change Orders $25,200.20 Contact Name/Telephone # Greg Nauert, Hugo Reed 763-5642 Names of Supervisor on Job Site Bryant Sebastian-10% time devoted/Albert Moreno-40% time devoted Name of Project Mgr/Safety/Quality Bryant Sebastian Type of Equipment Used Ditcher, Excavator, Backhoe, Skidsteer 2012 Agency/Owner GRACO Restaurant Development ° Contract # Name & Location of Project GRACO property S Loop 289/Indiana Surety Company Sub or Prime Contractor Lee Lewis Construction, Inc. Goods/Services Provided Install water/sewer Start & Completion Dates 4/4/12 June 2012 Contract Amount $187,322.00 Change Orders $25,473.00 Contact Name/Telephone # Daniel Horton 797-8400 Names of Supervisor on Job Site Von Kimbrell Name of Project Mgr/Safety/Quality Bryant Sebastian Type of Equipment Used Backhoe Agency/Owner Texas Tech University Contract # Name & Location of Project Multi -Purpose Performance Studio Surety Company N/A Sub or Prime Contractor Western Builders of Amarillo Goods/Services Provided Install water line Start & Completion Dates 5/20/12 July 2012 Contract Amount $97,118.00 Change Orders $51,345.00 Contact Name/Telephone # Brandon Robertson 806-376-4321 Names of Supervisor on Job Site Bryant Sebastian-25% time devoted Name of Project Mgr/Safety/Quality Bryant Sebastian Type of Equipment Used Backhoe Agency/Owner Lubbock ISD Contract # Name & Location of Project LHS Cafeteria Addition Surety Company N/A Sub or Prime Contractor Pharr & Company Goods/Services Provided Install underground utilities Start & Completion Dates 6/20/12 In Progress Contract Amount $234,614.00 Change Orders $14,622.00 Contact Name/Telephone # Gary Stringer 806 763-5263 Names of Supervisor on Job Site Bryant Sebastian-10% time devoted/Albert Moreno-80% time devoted Name of Project Mgr/Safety/Quality Bryant Sebastian Type of Equipment Used Backhoe, mini excavator Agency/Owner Contract # Texas Tech University Name & Location of Project 10" Potable Water Line Surety Company % Gallagher & Co. Cara 748-2010 Sub or Prime Contractor Deerwood Construction, Inc. Goods/Services Provided Replace potable Water line Start & Completion Dates 9/12/12 In Progress ` Contract Amount $355,000.00 Change Orders $7,826.98 Contact Name/Telephone # Hal Langston 806 742-2761 Names of Supervisor on Job Site Bryant Sebastian-10% time devoted/Brady Armes-90% time devoted Name of Project Mgr/Safety/Quality Bryant Sebastian I l Type of Equipment Used Backhoe, Boring Machine I Ll 2012 Agency/Owner Texas Tech University Contract # Name & Location of Project Petroleum Engineering Research Building Surety Company Sub or Prime Contractor J. T. Vaughn Construction Company Goods/Services Provided Install water, sewer, gas & electrical Start & Completion Dates 6/24/12 In Progress Contract Amount $492,827.00 Change Orders $593.60 Contact Name/Telephone # Steve Simpson (713) 984-4128 Names of Supervisor on Job Site Bryant Sebastian-5% time devoted Name of Project Mgr/Safety/Quality Bryant Sebastian Type of Equipment Used Backhoe Agency/Owner City of Leveliand Contract # Name & Location of Project Mallet Event Center, Hwy 385, Leveliand TX Surety Company Sub or Prime Contractor Lee Lewis Construction, Inc. Goods/Services Provided Install underground utilities Start & Completion Dates 2/2/2011 Feb 2012 Contract Amount $ 663,855.00 Change Orders $ 272,855.00 Contact Name/Telephone # Jacob Kirkland 806-797-8400 Names of Supervisor on Job Site Bryant Sebastian-75% tiem devoted Name of Project Mgr/Safety/Quality Bryant Sebastian Type of Equipment Used Backhoe, boring machine, loader, water truck Agency/Owner Trinity Church Contract # Name & Location of Project Trinity Christian School, 66th St/University Ave Surety Company Sub or Prime Contractor Lee Lewis Construction, Inc. Goods/Services Provided Install underground utilities Start & Completion Dates we 1/12/11 Oct 2011 Contract Amount $ 48,172.00 Change Orders None Contact Name/Telephone # 797-8400 Names of Supervisor on Job Site Mark Patterson-15% time devoted/Rene Hernandez 70% time Name of Project Mgr/Safety/quality Mark Patterson Type of Equipment Used Backhoe, Boring Machine Agency/Owner American Campus Communities Contract # 11091-10A Name & Location of Project The Village @ Overton Park Surety Company Merchants Bonding Company Sub or Prime Contractor Faver Gray Goods/Services Provided Install underground utilities Start & Completion Dates 8/9/2011 July 2012 Contract Amount $ 243,408.00 Change Orders $ 33,266.00 Contact Name/Telephone # Chris Taylor 904-208-2003 Names of Supervisor on Job Site Bryant Sebastian-75% time devoted Name of Project Mgr/Safety/Quality Bryant Sebastian Type of Equipment Used Backhoe, loader, boring machine Agency/Owner Abernathy ISO Contract # Name & Location of Project Abernathy Vocational/Ag Bldg, Abernathy TX Surety Company Sub or Prime Contractor Western Builders of Amarillo Goods/Services Provided Install underground utilities Start & Completion Dates we 4/3/11 we 9/7/11 Contract Amount $ 116,936.00 Change Orders $ 5,784.55 Contact Name/Telephone # Jarrod Davis 806-376-4321 Names of Supervisor on Job Site Bryant Sebastian-10% time devoted/Von Kimbreil-65% time devoted Name of Project Mgr/Safety/Quality Bryant Sebastian Type of Equipment Used Backhoe, boring machine 2011 Agency/Owner Jesus Christ of Latter Day Saints Contract # 05-1116810 Name & Location of Project LDS Church, Lubbock TX Surety Company none Sub or Prime Contractor Parkway Construction Goods/Services Provided Install water and sewer Start & Completion Dates we 6/15/11 June 2012 Contract Amount $ 55,936.00 Change Orders $ 4,428.68 Contact Name/Telephone # Erik Egan 469-322-3702 Names of Supervisor on Job Site Bryant Sebastian-10% time Devoted/Von Kimbrell-30% time devoted Name of Project Mgr/Safety/Quality Bryant Sebastian Type of Equipment Used Backhoes, boring machine Agency/Owner American Campus Communities Contract # Name & Location of Project Overton Park Surety Company Sub or Prime Contractor Faver Gray Goods/Services Provided Install underground utilities Start & Completion Dates 5/16/2011 we 8/17/11 Contract Amount $ 79,303.79 Change Orders $ 23,617.00 Contact Name/Telephone # Chris Taylor 904-228-5344 Names of Supervisor on Job Site Bryant Sebastian-35% time Devoted Name of Project Mgr/Safety/Quality Bryant Sebastian Type of Equipment Used Backhoe, loader, boring machine ' Agency/Owner Texas Tech University Contract # 2911-002 Name & Location of Project TTU Campus Chapel Surety Company none Sub or Prime Contractor Western Builders of Amarillo Goods/Services Provided Install sanitary sewer, domestic water & fire line Start & Completion Dates we 9/14/11 March 2012 Contract Amount $ 92,979,00 Change Orders None Contact Name/Telephone # Brandon Robertson 806-376-4321 Names of Supervisor on Job Site Bryant Sebastian-10% time devoted/Rene Hernandez-75% time devoted Name of Project Mgr/Safety/Quality Bryant Sebastian Type of Equipment Used Backhoe, boring machine Agency/Owner Plains ISD Contract # € Name & Location of Project Plains High School, Plains TX Surety Company Sub or Prime Contractor Lee Lewis Construction, Inc. Goods/Services Provided Install sewer and water Start & Completion Dates we 6/24/11 we 8/31/11 Contract Amount $106,500.00 Change Orders $20,316.00 Contact Name/Telephone # Chad Henthorn 806-797-8400 Names of Supervisor on Job Site Mark Patterson-50% time devoted Name of Project Mgr/Safety/Quality Mark Patterson .... Type of Equipment Used Backhoes, excavator, dump truck 2011 Agency/Owner Texas Tech University Health Sciences Center Contract # Name & Location of Project TTU HSC Courtyard Surety Company Sub or Prime Contractor D & K Hunt Electric Company Goods/Services Provided Install pipe cor electrical conduit Start & Completion Dates we 8/24/11 we 9/7/11 Contract Amount $ 97,949.00 Change Order N/A Contact Name/Telephone # Kerry Hunt 866-9911 Names of Supervisor on Job Site Mark Patterson-25% time devoted/Rene Hernandez-55% time Devoted Name of Project Mgr/Safety/Quality Mark Patterson Type of Equipment Used Boring machine, skid steer, backhoe Agency/Owner City of Leveiland Contract # Name & Location of Project Levelland Airport Sewer Line Extension Surety Company Sub or Prime Contractor Goods/Services Provided Install sewer line and manhole Start & Completion Dates we 9/7/11 10/26/11 Contract Amount $ 48,980.00 Change Order N/A Contact Name/Telephone # Leonard Nail, Parkhill, Smith & Cooper 473-2200 Names of Supervisor on Job Site Bryant Sebastian-10% time devoted/Mike Taylor-70% time devoted Name of Project Mgr/Safety/Quality Bryant Sebastian Type of Equipment Used backhoe, excavator, boring machine Agency/Owner City of Lubbock Contract # PSC # 01-2303-11 Name & Location of Project Lubbock Business Park Surety Company Merchants Bonding Company % Gallagher Inwest, Lbk TX Sub or Prime Contractor Deerwood Construction, Inc. Goods/Services Provided Install wells Start & Completion Dates we 10/19/11 May 2012 Contract Amount $ 131,260.42 Change Orders $ (4,665.98) Contact Name/Telephone # Leonard Nail 806-473-2200 Names of Supervisor on Job Site Bryant Sebastian-20% time devoted/Von Kimbrell75% time devoted Name of Project Mgr/Safety/Quality Bryant Sebastian Type of Equipment Used Backhoes Agency/Owner Idalou ISD Contract # 9706.004 Name & Location of Project Idalou ISD Bond Upgrades Surety Company none Sub or Prime Contractor Western Builders of Amarillo Goods/Services Provided Install water and sanitary sewer Start & Completion Dates we 9/21/11 6/13/12 Contract Amount $ 121,163.00 Change Orders $ 28,094,70 Contact Name/Telephone # Jared Davis 806-376-4321 Names of Supervisor on Job Site Bryant Sebastian-25% time devoted/Mike Taylor-75% time devoted Name of Project Mgr/Safety/Quality Bryant Sebastian Type of Equipment Used Backhoe, excavator Agency/Owner Contract # Name & Location of Project Surety Company Sub or Prime Contractor Goods/Services Provided Start & Completion Dates Contract Amount Change Orders Contact Name/Telephone # Names of Supervisor on Sob Site Name of Project Mgr/Safety/Quality Type of Equipment Used 2011 Texas Tech University none Rawls Golf Course Clubhouse & Team Facility none Minnix Comercial Properties, LTD Install water, fire line & sewer 11/9/11 March 2012 S 73,358.00 None Andy/Rad 806-798-7335 Bryant Sebastian-30% time Devoted/Mike Tayior-10% time devoted Bryant Sebastian Backhoes 2010 Agency/Owner C. J. Development, LTD Contract # DE2000-248 Name & Location of Project Windsor Creek Apartments Surety Company none Sub or Prime Contractor ICI Construction, Inc. Goods/Services Provided Install Storm Drain Start & Completion Dates 3/31/2010 6/16/1O Contract Amount $43,447.00 Change Orders $31,043.00 Contact Name/Telephone # Dan Dudley 214-418-9252 Names of Supervisor on lob Site Bryant Sebastian-15% time devoted/Mike Taylor-100% time Name of Project Mgr/Safety/Quality Bryant Sebastian Type of Equipment Used Excavator, backhoes, dump trucks Agency/Owner Contract # none Name & Location of Project 4th St (Marsha Sharp Freeway) & Avenue F Surety Company none Sub or Prime Contractor Xcel Energy Goods/Services Provided Bore to install conduit Start & Completion Dates 3/17/10 5/26/10 Contract Amount $ 32,796.00 Change Orders $ 53,740.20 Contact Name/Telephone # Julie Dillard 787-5834 Names of Supervisor on lob Site Mark Patterson-15% time devoted/Rene Hernandez-75% Name of Project Mgr/Safety/Quality Mark Patterson Type of Equipment Used Boring Machine, Backhoe Agency/Owner Contract # Work Authorizetion # 14 Name & Location of Project Reese Center Area 2 & 5 Surety Company none Sub or Prime Contractor Arcadis, U.S. Goods/Services Provided Install vaults and water lines Start & Completion Dates 12/2/2009 2/17/10 Contract Amount $ 46,717.00 - Change Orders $ 15,820.00 Contact Name/Telephone # Keith Hansen 806-548-3556 j Names of Supervisor on Job Site Mark Patterson-10% time/Rene Hernandez-50% time/Mike Taylor-50% time Name of Project Mgr/Safety/Quality Jg Mark Patterson Type of Equipment Used Backhoe/boring machine Agency/Owner Contract # Work Authorizetion # 16 Name & Location of Project Reese Center Area 1 Surety Company none Sub or Prime Contractor Arcadis, U.S. Goods/Services Provided Install vaults and water lines Start & Completion Dates 4/19/2010 6/9/10 Contract Amount $ 37,315.00 Change Orders $ 4,141.80 Contact Name/Telephone # Keith Hansen 806-548-3556 Names of Supervisor on Job Site Mark Patterson-10% time devoted/Rene Hernandez-50% time devoted/Mike Taylor-50 Name of Project Mgr/Safety/Quality Mark Patterson Type of Equipment Used Backhoe/boring machine 2010 d Agency/Owner Contract # I' none p Name & Location of Project UMC Hospital E Tower Surety Company none Sub or Prime Contractor Striland Construction, Inc. Goods/Services Provided Haul off spoils Start & Completion Dates 4/28/2010 5/5/10 Contract Amount $ 20,230.00 Change Orders N/A -- Contact Name/Telephone # Carl Kirby 972-670-7374 Names of Supervisor on Job Site Justin Schoonover Type of Equipment Used 22 yd Truck k. Agency/Owner Xcel Energy Contract # none Name & Location of Project Told Station Surety Company none Sub or Prime Contractor Deerwood Construction, Inc. Goods/Services Provided Repair water lines Start & Completion Dates 3/15/2010 4/21/10 Contract Amount $ 74,357.97 Change Orders N/A Contact Name/Telephone # Ansil Locke 806-257-7041 Names of Supervisor on Job Site Mark Patterson-50% time devoted/Mike Taylor-80% time devoted Name of Project Mgr/Safety/Quality Mark Patterson Type of Equipment Used Backhoe, Ditcher Agency/Owner Contract # 340.01 Name & Location of Project 25twenty Apartments Surety Company none I Sub or Prime Contractor Construction Enterprises, Inc. Goods/Services Provided Install utilities Start & Completion Dates 5/5/2010 11/10/10 Contract Amount $184,237.80 Change Orders $18,590.94 Contact Name/Telephone # Ben Thornton 615-642-0918 Names of Supervisor on Job Site Bryant Sebastian-50% time devoted/Rene Hernandez-75% time devoted Name of Project Mgr/Safety/Quality Bryant Sebastian € Type of Equipment Used Backhoe, ditcher,boring machine I Agency/Owner Abernathy ISD Contract # 960B.005 Name & Location of Project Abernathy High School and Gymnasium Surety Company none Sub or Prime Contractor Western Builders of Amarillo Goods/Services Provided Install utilities Start & Completion Dates 6/23/10 11/24/10 Contract Amount $ 121,143.20 Change Orders $14,367.76 Contact Name/Telephone # Jarrod Davis 806-376-4321 Names of Supervisor on Job Site Mark Patterson-50% time devoted/Von Kimbrell-75% time devoted Name of Project Mgr/Safety/Quality Mark Patterson Type of Equipment Used Backhoe, ditcher,boring machine 2010 Agency/Owner City of Lubbock Contract # ITB 10-097-FO Name & Location of Project New Animal Shelter Surety Company Merchants Bonding Company Sub or Prime Contractor Deerwood Construction, Inc. Goods/Services Provided Install water and sewer Start & Completion Dates 9/30/10 6/21/11 Contract Amount $ 293,790.22 Change Orders $ 6,895.08 Contact Name/Telephone # Wood Franklin 806-775-2343 Names of Supervisor on Job Site Mark Patterson-25% time devoted/Von Kimbreli-75% time devoted Name of Project Mgr/Safety/Quality Mark Patterson Type of Equipment Used Backhoe, ditcher, boring machine Agency/Owner Contract # Work Authorization # 25 Name & Location of Project Reese Center - Area 3 Pipe Installation Surety Company none Sub or Prime Contractor Arcadis U. S. Goods/Services Provided Install vault and water lines Start & Completion Dates 10/25/10 11/3/10 Contract Amount $ 29,995.15 Change Orders N/A Contact Name/Telephone # Keith Hansen 806-548-3556 Names of Supervisor on Job Site Mark Patterson-10% time/Rene Hernandez-50% time/Mike Taylor-50% time Name of Project Mgr/Safety/Quality Mark Patterson Type of Equipment Used Backhoe, boring machine Agency/Owner City of Lubbock Contract # 08-723-DD Name & Location of Project Bailey County Water Wells Surety Company Merchants Bonding Company Sub or Prime Contractor Deerwood Construction, Inc. Goods/Services Provided Install water lines Start & Completion Dates 9/17/2008 3/1/11 Contract Amount $ 553,842.00 Change Orders $ 40,260.90 Contact Name/Telephone # Troy White - Parkhill, Smith & Cooper 473-2200 Names of Supervisor on Job Site Mark Patterson-50% time devoted/Rene Hernandez-50% time/Mike Taylor-50% time Name of Project Mgr/Safety/Quality Mark Patterson Type of Equipment Used Backhoe, ditcher Agency/Owner Gail ISD Contract # none Name & Location of Project Borden County High School Surety Company none Sub or Prime Contractor CC Electric Company Goods/Services Provided Excavate, furnish sand & install 2sack flowfill Start & Completion Dates 7/26/2010 8/4/10 Contract Amount $ 85,500.00 Change Orders $ (3,710.00) Contact Name/Telephone # Chuck Chapman 745-1345 Names of Supervisor on lob Site Mark Patterson-50% time devoted Name of Project Mgr/Safety/Quality Mark Patterson Type of Equipment Used Backhoes 2010 Agency/Owner City of Levelland Contract # 01.2551.09 } Name & Location of Project Multipurpose Arena Surety Company Merchants Bonding Company Sub or Prime Contractor Deerwood Consruction, Inc. Goods/Services Provided Sanitary Sewer Improvements Start & Completion Dates 6/23/10 March 2011 Contract Amount $ 646,884.60 Contact Name/Telephone # Leonard Nail, PSC 806-473-2200 Names of Supervisor on Job Site Bryant Sebastian-70% time devoted Name of Project Mgr/Safety/Quality Bryant Sebastian Type of Equipment Used Backhoes, excavators, boring machine, ditcher, 22 yd truck t Agency/Owner Contract # 1032 Name & Location of Project Raider Park/Merrill Lynch Bank Surety Company none Sub or Prime Contractor Lee Lewis Construction, Inc Goods/Services Provided Install water and serew lines Start & Completion Dates 9/27/2010 March 2011 Contract Amount $ 47,133.00 Change Orders $ 19,825.59 Contact Name/Telephone # Jim Caudle 797-8400 Names of Supervisor on Job Site Bryant Sebastian-10% time devoted Name of Project Mgr/Safety/Quality Bryant Sebastian Type of Equipment Used Backhoes, boring machines Agency/Owner Contract # none Name & Location of Project UMC East Tower Surety Company none Sub or Prime Contractor Lee Lewis Construction, Inc. 797-8400 Goods/Services Provided Excavation Start & Completion Dates 4/26/10 6/23/10 Contract Amount $ 30,450.00 Change Orders N/A Contact Name/Telephone # Martin Tickle 281-3603 Names of Supervisor on Job Site Mark Patterson-15% time Devoted Name of Project Mgr/Safety/Quality Mark Patterson Type of Equipment Used Excavator Agency/Owner Unifirst - Lubbock Contract # none Name & Location of Project Unifirst - Lubbock 1724 E 8th St Surety Company none Sub or Prime Contractor Deerwood Construction, Inc. Goods/Services Provided Install water line and RPZ Start & Completion Dates we 11/3/10 11/30/10 Contract Amount $ 26,015.21 Change Orders N/A Contact Name/Telephone # Steve Hartley 806-762-0541 Names of Supervisor on Job Site Mark Patterson-15% time Devoted Name of Project Mgr/Safety/Quality Mark Patterson _ Type of Equipment Used Backhoes, boring machine i Agency/Owner City of Lubbock Contract # none Name & Location of Project Various Bores around Lubbock Surety Company none Sub or Prime Contractor Hub City Water Boys Goods/Services Provided Bore to install water lines Start & Completion Dates 7/13/2010 Contract Amount $ 32,759.00 Change Orders N/A Contact Name/Telephone # Derek Archer 806-548-5818 Names of Supervisor on Job Site Mark Patterson-15% time devoted/Rene Hernandez-75% time devoted Name of Project Mgr/Safety/Quality Mark Patterson Type of Equipment Used Boring machine Agency/Owner Contract # Name & Location of Project Surety Company Sub or Prime Contractor Goods/Services Provided Start & Completion Dates Contract Amount Contact Name/Telephone # Names of Supervisor on Job Site Name of Project Mgr/Safety/Quality Type of Equipment Used 2010 Work Authorization # 22 Reese Center EW 175 - 176 none Arcadis, U. S. Install water lines 8/25/10 9/22/10 $20,294.15 Keith Hansen 806-548-3556 Mark Patterson-10% time devoted/Rene Hernandez-75% time devoted Mark Patterson Backhoe, boring machine Agency/Owner Contract # Name & Location of Project Surety Company Sub or Prime Contractor Goods/Services Provided Start & Completion Dates Contract Amount Change Orders Contact Name/Telephone # Names of Supervisor on Job Site Name of Project Mgr/Safety/Quality Type of Equipment Used Agency/Owner Contract # Name & Location of Project Surety Company Sub or Prime Contractor Goods/Services Provided Start & Completion Dates Contract Amount Change Orders Contact Name/Telephone # Names of Supervisor on Job Site Name of Project Mgr/Safety/Quality Type of Equipment Used Agency/Owner Contract # Name & Location of Project Surety Company Sub or Prime Contractor Goods/Services Provided Start & Completion Dates Contract Amount Change Orders Contact Name/Telephone # Names of Supervisor on Job Site Name of Project Mgr/Safety/Quality Type of Equipment Used Agency/Owner Contract # Name & Location of Project Surety Company Sub or Prime Contractor Goods/Services Provided Start & Completion Dates Contract Amount Change Orders Contact Name/Telephone # Names of Supervisor on Job Site Name of Project Mgr/Safety/Quality Type of Equipment Used " J Cargill none Cargill Plant, Plainview na Firetrol Fire Protection Install water 1/12/2009 7/3/09 $ 125,000.00 None Tommy 928-0624 Mark Patterson-25% time devoted/Rene Hernandez-100% time devoted Mark Patterson/Rene Hernandez Backhoe, Boring Machine Stauffer Management Company AT 002029.0012.CONST 2601 N Quaker Ave none Arcadis Environmental Groundwater pump, treatment system piping, 7/8/09 12/9/09 $ 557,177.31 $ 87,888.91 Victor Barchers 512-451-1188 Bryant Sebastian-70% time devoted Bryant Sebastian Backhoe, Trencher, Excavator American Cancer Society 4145-01 Hope Lodge, TtU Campus Tucker Bond Agency none Install water and sewer lines 6/10/2009 6/30/10 222003.00, $ 112,543.00 Ben Smith 214/654/1703 Bryant Sebastian Backhoe, Excavator Texas Tech University 2863 Jones Stadium North Demo and Renovation none Lee Lewis Construction, Inc. 797-8400 Demo and install utilities 6/10/2009 11/4/09 $ 132,773.79 $ 48,951.79 Martin Tickle 281-3603 Bryant Sebastian-55% time devoted Bryant Sebastian Jackhammer, Backhoe, Excavator well vault installation 2009 Agency/Owner Frenship ISD Contract # 2846 Name & Location of Project New Frenship Middle School - Iola Ave Surety Company none Sub or Prime Contractor Lee Lewis Construction, Inc. Goods/Services Provided Install water and sewer Start & Completion Dates 5/21/2009 10/7/09 Contract Amount $ 53,196.87 Change Orders $ 12,618.87 Contact Name/Telephone # Brandon Mitchell 797-8400 Names of Supervisor on Job Site Bryant Sebastian-25% time devoted Name of Project Mgr/Safety/Quality Bryant Sebastian Type of Equipment Used Backhoe, Trencher, excavator Agency/Owner Texas Tech University Contract # 2861 Name & Location of Project Jerry Rawls College of Business Administration Surety Company none Sub or Prime Contractor Lee Lewis Construction, Inc. Goods/Services Provided Install water and sewer lines Start & Completion Dates 8/26/2009 10/28/09 Contract Amount $ 124,602.00 Change Orders None Contact Name/Telephone # Dan Martin 548-0169 Names of Supervisor on Job Site Bryant Sebastian-35% time devoted Name of Project Mgr/Safety/Quality Bryant Sebastian Type of Equipment Used Backhoe, excavator Agency/Owner Contract # none Name & Location of Project Sightline Health Linear Accelerator Facility, 424 N Utica Dr, Lubbock Surety Company none Sub or Prime Contractor Shiloh Enterprises, Inc. Goods/Services Provided Install fireline, water and sewer Start & Completion Dates 7/14/2009 12/9/09 Contract Amount $ 37,766.66 Change Orders $ (6,579.34) Contact Name/Telephone # Steve Preston 405-341-5500 Names of Supervisor on Job Site Bryant Sebastian-15% time devoted Name of Project Mgr/Safety/Quality Bryant Sebastian Type of Equipment Used Backhoe, excavator Agency/Owner Texaco Contract # none Name & Location of Project Texaco Bulk Fuel Facility Surety Company none Sub or Prime Contractor Strobel Construction Goods/Services Provided Install fire line and sprinkler system Start & Completion Dates 8/10/09 9/23/09 Contract Amount $ 160,467.58 Change Orders $ 25,371.58 Contact Name/Telephone # Ed Whitman 308-548-8334 Names of Supervisor on Job Site Bryant Sebastian-20% time devoted Name of Project Mgr/Safety/Quality Bryant Sebastian Type of Equipment Used Backhoe 2009 Agency/Owner City of Lubbock Contract # none Name & Location of Project Lubbock Business Park Surety Company none Sub or Prime Contractor Turfmaster Irrigation Goods/Services Provided Bore and install casing Start & Completion Dates 8/12/2009 9/23/09 Contract Amount $52,877.00 Change Order N/A Contact Name/Telephone # Jimmy Schneider 863-3423 Names of Supervisor on Job Site Rene Hernandez-100% time devoted Name of Project Mgr/Safety/Quality Bryant Sebastian/Rene Hernandez Type of Equipment Used Boring Machine, Backhoe Agency/Owner City of Lubbock Contract # none Name & Location of Project West 4th St at W Loop 289 Surety Company none Sub or Prime Contractor Xcel Energy Goods/Services Provided Bore and relocate fiber Start & Completion Dates 9/16/09 12/16/09 Contract Amount $ 86,536.20 Change Order N/A Contact Name/Telephone # Julie Dillard 787-5834 Names of Supervisor on Job Site Mark Patterson-20% time devoted/Rene Hernandez-90% time devoted Name of Project Mgr/Safety/Quality Mark Patterson/Rene Hernandez Type of Equipment Used Boring Machine, Backhoe Agency/Owner Reese Center Contract # Name & Location of Project Area 2 & 5, Reese Center Surety Company none Sub or Prime Contractor Arcadis, U.S. Goods/Services Provided Groundwater pump, treatment system piping, well vault installation Start & Completion Dates 12/2/09 2/17/10 Contract Amount $ 62,537.00 Change Order $ 15,820.00 Contact Name/Telephone # Keith Hansen 548-3556 Names of Supervisor on Job Site Mark Patterson-30% time devoted/Mike Taylor-100% time devoted Name of Project Mgr/Safety/Quality Mark Patterson/Mike Taylor I' Type of Equipment Used Fusing Machine, Backhoe, Excavator, Trencher Agency/Owner Contract # none Name & Location of Project Bacon Crest Subdivision, Phase II Surety Company none Sub or Prime Contractor Xce) Energy Goods/Services Provided Install conduit for electricity Start & Completion Dates 12/21/09 2/10/10 Contract Amount $ 26,018.02 Change Order N/A Contact Name/Telephone # Julie Dillard 787-5834 Names of Supervisor on Job Site Mark Patterson-10% devoted/Mark Stow-100% devoted Name of Project Mgr/Safety/Quality Mark Patterson/Mark Stow - Type of Equipment Used Backhoe, ditcher i 2009 } Agency/Owner City of Lubbock Contract # 09-07509 Name & Location of Project Fiber Relocation at 4th St and W Loop 289 Surety Company Merchants Bonding Company Sub or Prime Contractor Texas Tech University Goods/Services Provided Relocate fiber Start & Completion Dates 10/7/2009 11/18/09 Contract Amount $32,000 Change Order N/A Contact Name/Telephone # David Naugher 742-2761 Names of Supervisor on Job Site Mark Patterson-10% devoted/Rene Hernandez-100% devoted Name of Project Mgr/Safety/quality Mark Patterson/Rene Hernandez Type of Equipment Used Boring Machine, Backhoe F Agency/Owner Texas Tech University Contract # 2862 Name & Location of Project Rocky Johnson Softball Field Water Line, TTU Campus Surety Company none Sub or Prime Contractor Lee Lewis Construction, Inc. 797-8400 Goods/Services Provided Install water lines Start & Completion Dates 10/29/2009 6/16/10 Contract Amount $125,202.23 Change Orders $100,202.23 Contact Name/Telephone # Martin Tickle 281-3603 Names of Supervisor on Job Site Bryant Sebastian-60% time devoted i Name of Project Mgr/Safety/Quality Bryant Sebastian Type of Equipment Used Backhoe, Excavator, Boring Machine fj Agency/Owner Lubbock Cooper ISD Contract # none Name & Location of Project Lubbock Cooper ISD - Middle School Surety Company none Sub or Prime Contractor Sandia Construction, Inc. Goods/Services Provided Site Utilities Start & Completion Dates we 1/20/10 9/8/10 Contract Amount $105,700.00 Change Orders $9,991.00 Contact Name/Telephone # Michael Haverdink 544-1939 Names of Supervisor on Job Site Bryant Sebastian-30% time devoted/Mike Taylor-100% time devoted i Name of Project Mgr/Safety/Quality Bryant Sebastian Type of Equipment Used Backhoe, Excavator, ditcher Agency/Owner Lubbock Cooper ISD Contract # none Name & Location of Project Lubbock Cooper High School Baseball/Softball Complex Surety Company none Sub or Prime Contractor Sandia Construction, Inc. Goods/Services Provided Install Sanitary Sewer and Domestic Water Start & Completion Dates 5/19/10 6/9/10 Contract Amount $22,389.00 -- Change Orders None Contact Name/Telephone # Kenneth O'Meara 831-2660 Names of Supervisor on Job Site Bryant Sebastian-10% time devoted/Von Kimbrell-100% time devoted Name of Project Mgr/Safety/Quality Bryant Sebastian Type of Equipment Used Boring maching, backhoe i.� 2009 Agency/Owner Lubbock Cooper ISO Contract # none Name & Location of Project Lubbock Cooper ISO Irrigation Supply Line Surety Company none Sub or Prime Contractor Sandia Construction, Inc. Goods/Services Provided Install water lines for Irrigation Start & Completion Dates we 3/17/10 9/22/10 Contract Amount $156,126.45 Change Orders $19,978.81 Contact Name/Telephone # Michael Haverdink 544-1939 Names of Supervisor on Job Site Bryant Sebastian-40% time devoted/Mike Taylor-100% time devoted Name of Project Mgr/Safety/Quality Bryant Sebastian Type of Equipment Used Backhoes, ditcher I Agency/Owner O'Reilly Company Contract # 2755-2600 Name & Location of Project O'Reilly Auto Parts Distribution Center, I-27 and Yucca Lne, Lubbock TX Surety Company na Sub or Prime Contractor Lee Lewis Construction, Inc. 797-8400 Goods/Services Provided Install water and sewer Start & Completion Dates 3/11/2008 11/6/08 Contract Amount $ 436,625.00 Change Orders $3,600, $5,600, $29,500 Contact Name/Telephone # David Coggin 797-8400 - Project Manager Names of Supervisor on Job Site Bryant Sebastian - 50% time devoted to this project Name of Project Mgr/Safety/Quality Bryant Sebastian Type of Equipment Used excavator, Backhoes, trucks, boring machine Agency/Owner Yellowhouse Machinery Contract # 200-4 Name & Location of Project Yellowhouse Machinery # 200, SE Loop 289 & Hwy 84 Surety Company National American Insurance Co., c/o Gallagher Inwest, Lbk, TX Sub or Prime Contractor Western Builders of Amarillo, Inc. Goods/Services Provided Install water and sewer Start & Completion Dates 5/12/2008 12/10/08 Contract Amount $ 335,686.40 Change Orders ($4,518), $9086.40, $2,810 Contact Name/Telephone # Raymond Boynton, Project manager, 806-376-4321 Names of Supervisor on Job Site Mark Patterson-60% time on this project/ Mike Taylor-100% time on this pr Name of Project Mgr/Safety/Quality Mark Patterson Type of Equipment Used excavator, Backhoes, Boring machine Agency/Owner City of Lubbock Contract # 08-723DD Name & Location of Project Bailey County Well Field Improvements Surety Company National American Insurance Co., c/o Gallagher Inwest, Lbk, TX Sub or Prime Contractor Prime Goods/Services Provided Install water Start & Completion Dates 9/17/2008 March 2011 Contract Amount $ 517,166.90 Contact Name/Telephone # Bruce Blakock 806-775-2613 Names of Supervisor on Job Site Mark Patterson-50% time devoted/Rene Hernandez-100% time devoted Name of Project Mgr/safety/Quality Mark Patterson/Rene Hernandez Type of Equipment Used Boring machine, Excavator, backhoes, trucks, bucket truck(sub) Agency/Owner Texas Tech University Contract # 2839-02600 Name & Location of Project TTU Soccer Field, Ph. II, Team Building Package Surety Company na Sub or Prime Contractor Lee Lewis Construction, Inc. Goods/Services Provided Install water/sewer Start & Completion Dates 10/8/08 10/28/09 Contract Amount $ 107,916.00 Change Orders $3,898, $1,871 Contact Name/Telephone # Chad Henthorne 806-548-0153 Names of Supervisor on Job Site Bryant Sebastian-55% time devoted to this job Name of Project Mgr/Safety/Quality Bryant Sebastian Type of Equipment Used Excavator, Backhoe, trucks r' Agency/Owner Contract # Name & Location of Project Surety Company Sub or Prime Contractor Goods/Services Provided Start & Completion Dates Contract Amount Change Orders Contact Name/Telephone # Names of Supervisor on Job Site Name of Project Mgr/Safety/Quality �Y Type of Equipment Used Agency/Owner Contract # Name & Location of Project Surety Company Sub or Prime Contractor Goods/Services Provided Start & Completion Dates Contract Amount Change Orders Contact Name/Telephone # Names of Supervisor on Job Site Name of Project Mgr/Safety/Quality Type of Equipment Used Agency/Owner Contract # Name & Location of Project Surety Company Sub or Prime Contractor Goods/Services Provided Start & Completion Dates Contract Amount Contact Name/Telephone # Names of Supervisor on Job Site Name of Project Mgr/Safety/Quality Type of Equipment Used Agency/Owner Contract # - ----- --Name & Location of Project Surety Company Sub or Prime Contractor Goods/Services Provided Start & Completion Dates Contract Amount _ Change Orders Contact Name/Telephone # Names of Supervisor on Job Site j Name of Project Mgr/Safety/Quality Type of Equipment Used Texas Tech University na Chap I, TTU na Anthony Mechanical, Inc. Sewer line repair 11/26/2008 12/24/08 $173, 286.80 $6,106.80 Mike, Anthony Mechanical 806-747-4151 Bryant Sebastian-50% time devoted to this job Bryant Sebastian Excavator, Backhoe, trucks Reese Center D08-0118 Area 4, former Reese Air Force Base na Arcadis, U. S. Install water 12/8/08 10/28/09 $ 720,969.19 Matthew Bowman 810-225-1920 Keith-806-548-3556 Mark Patterson- 50% time devoted/Rene Hernandez-100% time devoted Mark Patterson/Rene Hernandez Backhoe, Excavator, Boring Machine Sysco Foods, Lubbock TX na Sysco Foods, Lubbock TX na Lubbock Power & Light Install electrical 11/12/08 1/14/09 $ 46,476.50 Terry Sweat 777-0326 Bryant Sebastian-50% of time devoted Bryant Sebastian Backhoes, boring machine Texas Tech University 2843 Jones Stadium East Side Renovation na Lee Lewis Construction, Inc 797-8400 Install water, sewer & gas 12/29/08 12/16/09 $ 398,839.77 $121,693.77 (5) total Martin Tickle 806-281-3603 Bryant Sebastian-75% time devoted Bryant Sebastian Backhoes, Excavators, Boring Machine Agency/Owner Contract # Name & Location of Project Surety Company Sub or Prime Contractor Goods/Services Provided Start & Completion Dates Contract Amount Contact Name/Telephone # Names of Supervisor on Job Site Type of Equipment Used Agency/Owner Contract # Name & Location of Project Surety Company Sub or Prime Contractor Goods/Services Provided Start & Completion Dates Contract Amount Contact Name/Telephone # Names of Supervisor on Job Site Type of Equipment Used Agency/Owner Contract # Name & Location of Project Surety Company Sub or Prime Contractor Goods/Services Provided Start & Completion Dates Contract Amount Contact Name/Telephone # Names of Supervisor on Job Site Type of Equipment Used Agency/Owner Contract # Name & Location of Project Surety Company Sub or Prime Contractor Goods/Services Provided Start & Completion Dates Contract Amount Contact Name/Telephone # Names of Supervisor on Job Site Type of Equipment Used 2007 City of Haskell TCDP725032 Assisted Living Water Line, Haskell, TX NAS Surety Group Prime Install water lines 3/26/2007 6/8/07 $ 138,696.00 City of Haskell Tx 940-864-2333 Mark Patterson/Rene Hernandez Backhoe, trencher, boring machine Lubbock -Cooper ISD 1228105 Lubbock Cooper Force Main NAS Surety Group Prime Install water/sewer 4/9/2007 12/19/08 $ 926,867.00 Parkhill, Smith & Cooper 473-2200 Bryant Sebastian Backhoe, boring machine LBB Scottish Rite Building Corporation none Scottish Rite Learning Center none Sub Install water/sanitary sewer 3/13/2007 4/26/07 $ 56,183.00 Cox -Dirks Architects 762-1226 Bryant Sebastian Backhoe, excavator none Fox Ridge Subdivision Thomas Rodriquea Brian Stephens none Sub Trench/bore to install electrical conduit 4/10/2007 5/24/07 $ 39,264.08 Southwestern Public Service dba Xcel Energy 765-2891 Mark Patterson Sarah Carter Backhoe, boring machine Agency/Owner Contract # none Name & Location of Project Seagraves, TX Surety Company none Sub or Prime Contractor Sub Goods/Services Provided Install electrical conduit Start & Completion Dates 5/21/2007 6/18/07 Contract Amount $ 25,420.00 Contact Name/Telephone # Southwestern Public Service dba Xcel Energy 765-2891 Names of Supervisor on Job Site Mark Patterson/Rene Hernandez Terry Shaw Type of Equipment Used boring machine Agency/Owner Texas Tech University Contract # 2704 Name & Location of Project Women's Softball Field Complex, Texas Tech Campus Surety Company none Sub or Prime Contractor Sub Goods/Services Provided Dirt work Start & Completion Dates 6/14/2007 8/28/07 Contract Amount $ 121,500.00 Contact Name/Telephone # Lee Lewis Construction, Inc. 797-8400 Tom Dulin Names of Supervisor on Job Site Mark Patterson Type of Equipment Used Backhoe, excavator, maintainer Agency/Owner LP & L Contract # 7140-07-ELD Name & Location of Project N. Quaker Ave Lubbock Medical Center Surety Company none Sub or Prime Contractor Sub Goods/Services Provided Install electrical Start & Completion Dates 7/18/2007 7/31/07 Contract Amount $ 27,076.25 Contact Name/Telephone # Terry Sweat 777-0326 Names of Supervisor on Job Site Mark Patterson/Rene Hernandez Type of Equipment Used Ditcher, Backhoe Agency/Owner George McMahon -Bacon Crest Limited Contract # Name & Location of Project Bacon Crest Subdivision, Milwaukee & 79th St Surety Company none Sub or Prime Contractor Sub Goods/Services Provided Install electrical/gas/phone Start & Completion Dates 8/7/07 8/28/07 Contract Amount $ 74,268.00 Contact Name/Telephone # Justin Smiley 777-4559 Names of Supervisor on Job Site Mark Patterson Type of Equipment Used Backhoe, Ditcher Agency/Owner Contract # Name & Location of Project Surety Company Sub or Prime Contractor Goods/Services Provided Start & Completion Dates Contract Amount Contact Name/Telephone # Names of Supervisor on Job Site Type of Equipment Used Agency/Owner Contract # Name & Location of Project Surety Company Sub or Prime Contractor Goods/Services Provided Start & Completion Dates Contract Amount Contact Name/Telephone # Names of Supervisor on Job Site Type of Equipment Used Agency/Owner Contract # Name & Location of Project Surety Company Sub or Prime Contractor Goods/Services Provided Start & Completion Dates Contract Amount Contact Name/Telephone # Names of Supervisor on Job Site Type of Equipment Used Agency/Owner Contract # Name & Location of Project Surety Company Sub or Prime Contractor Goods/Services Provided Start & Completion Dates Contract Amount Contact Name/Telephone # Names of Supervisor on Job Site Type of Equipment Used 2007 ARCADIS U.S., Inc. D07-0089 Former Reese AFB none Sub Bore, Excavation, Trench, Pipe & Vault installation 8/13/2007 7/30/08 $ 355,471.14 Joyce Williams 720-344-3764 Keith Hansen Mark Patterson/Rene Hernandez Boring maching, trencher, backhoe Texas Tech University 2653 College of Engineering none Lee Lewis Construction, Inc. Install site utilities, demo fire & gas line 8/27/07 10/ 17/07 $ 65,379.00 Lee Lewis Construction, Inc. 806-747-8400 Mark Patterson/Rene Hernandez Backhoe, dump trucks. Boring machine Texas Tech University 1876-1 Student Leisure Pool none Western Builders of Amarillo Install water, sewer & gas 10/2/07 11/17/08 $ 282,761.83 John Esler 806-376-4321 Bob Phelps Bryant Sebastian Boring Machine, Backhoe, Excavator Lubbock Business Park 10993963-05 Lubbock Business Park - I 27 & Yucca Lne Tim McLea a none Ll Sub Install electrical conduit 10/17/07 12/5/07 $ 59,820.00 Southwestern Public Service dba Xcel Energy Julie Dillard Bryant Sebastian 787-5834 Excavator, Backhoe, Boring Machine 2007 Agency/Owner City of Lubbock Contract # 7157-07-ELD Name & Location of Project Overton Redevelopment - Avenue U from 4th St to S of Main St Surety Company none Sub or Prime Contractor Sub Goods/Services Provided Install electrical conduit Start & Completion Dates 11/7/2007 2/27/08 Contract Amount $ 116,000.00 Contact Name/Telephone # Terry Sweat 806-777-0326 Names of Supervisor on Job Site Bryant Sebastian Type of Equipment Used Backhoe, Jackhammer Agency/Owner City of Lubbock Contract # 11018407 Name & Location of Project N & S on Slide Rd at the Brownfield Hwy Surety Company none Sub or Prime Contractor Sub Goods/Services Provided Install electrical Start & Completion Dates 10/29/07 11/21/07 Contract Amount $ 160,533.54 Contact Name/Telephone # Southwestern Public Service dba Xcel Energy Julie Dillard Names of Supervisor on Job Site Bryant Sebastian 787-5834 Type of Equipment Used Backhoe, Excavator, Boring Machine Agency/Owner Masca Company Contract # 11022928-01 Name & Location of Project Masca Corn Processing Plant, I 27 & E Insurance Dr Surety Company none Sub or Prime Contractor Sub Goods/Services Provided Install electrical Start & Completion Dates 11/26/07 12/5/07 Contract Amount $ 34,159.00 Contact Name/Telephone # Southwestern Public Service dba Xcel Energy Julie Dillard Names of Supervisor on Job Site Bryant Sebastian/Rene Hernandez 787-5834 Type of Equipment Used Backhoe, excavator, boring machine I Agency/Owner TAO-LBBH, LP Contract # 2758 Name & Location of Project Hawthorne Suites Surety Company none Sub or Prime Contractor Lee Lewis Construction, Inc Goods/Services Provided Install Site Utilities Start & Completion Dates 2/6/2008 3/19/08 3 Contract Amount $ 86,926.00 Change Orders None Contact Name/Telephone # Lee Lewis Construction, Inc 806-747-8400 Jimmy Thompson Names of Supervisor on Job Site Bryant Sebastian-25% time devoted to this job Name of Project Mgr/Safety/Quality Bryant Sebastian-25% time devoted to this job Type of Equipment Used Excavator, Backhoes Agency/Owner Mattison Pathology Contract # na Name & Location of Project Mattison Pathology 210 N Utica Ave Surety Company na Sub or Prime Contractor Sub Goods/Services Provided Bore & trench to install electrical Start & Completion Dates 2/4/08 3/5/08 Contract Amount $ 37,603.10 Contact Name/Telephone # Southwestern Public Service dba Xcel Energy Julie Dillard 787-5834 Names of Supervisor on Job Site Bryant Sebastian-15% time/Rene Hernandez -100% Name of Project Mgr/Safety/Quality Bryant Sebastian Type of Equipment Used Boring machine, trencher, backhoe Agency/Owner United Supermarket, Lubbock I Contract # 2813 Name & Location of Project United Supermarket Ice Plant, 5801 N MLK Blvd, Lubbock TX Surety Company na Sub or Prime Contractor Lee Lewis Construction, Inc. Goods/Services Provided Install water Start & Completion Dates 7/17/2008 8/6/08 Contract Amount $ 27,605.00 Change Orders None Contact Name/Telephone # Brent Wacker 797-8400 LLCI Names of Supervisor on Job Site Rene Hernandez - 100% time devoted to this project Name of Project Mgr/Safety/Quality Bryant Sebastian/Rene Hernandez Type of Equipment Used Boring machine, backhoes _i Agency/Owner Bredow Constructors, Inc./City of Lubbock Contract # Name & Location of Project Overton Park Tract # 3A, 6th St & University Ave Surety Company na Sub or Prime Contractor Sub Goods/Services Provided Install water and sewer Start & Completion Dates 8/13/2008 10/8/08 Contract Amount $ 141,239.44 Change Orders $1075.76, $8437.26 Contact Name/Telephone # Bredow Constructors, Inc., Ben Bredow, 972-407-9000 Billy Scott Names of Supervisor on Job Site Bryant Sebastian - 50% time devoted to this project )I) Name of Project Mgr/Safety/Quality Bryant Sebastian J Type of Equipment Used Backhoes, Boring machime I Agency/Owner Contract # Name & Location of Project Surety Company Sub or Prime Contractor Goods/Services Provided Start & Completion Dates Contract Amount Contact Name/Telephone # Names of Supervisor on Job Site Type of Equipment Used Agency/Owner Contract # Name & Location of Project Surety Company Sub or Prime Contractor Goods/Services Provided Start & Completion Dates Contract Amount Contact Name/Telephone # Names of Supervisor on Job Site Type of Equipment Used Agency/Owner Contract # Name & Location of Project Surety Company Sub or Prime Contractor Goods/Services Provided Start & Completion Dates Contract Amount Contact Name/Telephone # Names of Supervisor on Job Site Type of Equipment Used Agency/Owner Contract # Name & Location of Project Surety Company Sub or Prime Contractor Goods/Services Provided Start & Completion Dates Contract Amount Contact Name/Telephone # Names of Supervisor on Job Site Type of Equipment Used I 2006 Walmart NA Walmart, 4th St/Avenue Q, Lubbock TX none Sub Excavate footings 1/3/2006 $ 27,406.55 Lee Lewis Construction, Inc. Bryant Sebastian Excavator, backhoe 5/2/2006 797-8400 Hank United Stores/Market Street NA Market Street, 98th St/Quaker Ave, Lubbock TX none Sub Demo arch pipe, install new RCP, manholes 1/10/2006 9/19/2006 $ 437,433.68 Lee Lewis Construction, Inc. 797-8400 Martin Tickle- 806.281.3603 Mark Patterson/Bryant Sebastian Backhoe, boring machine, excavator Lubbock ISD 03-8363-05 South Elementary School, Lubbock TX none Sub Install water & sewer, reroute existing water 5/9/2006 1/1/2007 $ 53,917.00 Lee Lewis Construction, Inc. 797-8400 Jason Smith Bryant Sebastian Backhoe, boring machine none North Pointe Subdivision none Sub Trench/bore to install electrical conduit 5/9/2006 8/8/2006 $ 200,631.90 Southwestern Public Service dba Xcel Energy Mark Patterson/Rene Hernandez Backhoe, boring machine 765-2891 Warren Kelly Agency/Owner Contract # Name & Location of Project Surety Company Sub or Prime Contractor Goods/Services Provided Start & Completion Dates Contract Amount Contact Name/Telephone # Names of Supervisor on Job Site Type of Equipment Used Agency/Owner Contract # Name & Location of Project Surety Company Sub or Prime Contractor Goods/Services Provided Start & Completion Dates Contract Amount Contact Name/Telephone # Names of Supervisor on Job Site Type of Equipment Used Agency/Owner Contract # Name & Location of Project Surety Company Sub or Prime Contractor Goods/Services Provided Start & Completion Dates Contract Amount Contact Name/Telephone # Names of Supervisor on Job Site Type of Equipment Used Agency/Owner Contract # Name & Location of Project Surety Company Sub or Prime Contractor Goods/Services Provided Start & Completion Dates Contract Amount Contact Name/Telephone # Names of Supervisor on Job Site Type of Equipment Used 2006 South Plains College none South Plains College, Levelland TX none Sub Install gas line 6/27/2006 8/29/2006 $ 115,842.00 Armstrong Mechanical, Inc. 747-4217 Raymond Eade Mark Patterson/Rene Hernandez Backhoe, boring machine 7126-06-ELD Canyon West, Phase II, Lubbock TX none Sub Install electrical conduit 8/1/2006 In Progress $ 27,852.00 Lubbock Power & Light Terry Sweat 777-0326 Rene Hernandez Backhoe Walmart none Walmart, 4th St/Avenue Q, Lubbock TX none Sub Trench/bore to install electrical 5/30/2006 6/26/2006 $ 35,925.58 Southwestern Public Service dba Xcel Energy Mark Patterson/Rene Hernandez Backhoe, boring machine Texas Tech University 3720 3-D Arts Complex, Texas Tech Campus none Sub Install water main & sanitary sewer 10/20/2006 3/7/2007 $ 37,800.00 Western Builders of Amarillo 806-376-4321 Bryant Sebastian Backhoe, excavator, boring machine 765-2891 Justin Smiley H V Agency/Owner Contract # Name & Location of Project Surety Company Sub or Prime Contractor Goods/Services Provided Start & Completion Dates Contract Amount Contact Name/Telephone # Names of Supervisor on Job Site Type of Equipment Used Agency/Owner Contract # Name & Location of Project *' Surety Company Sub or Prime Contractor Goods/Services Provided Start & Completion Dates Contract Amount Contact Name/Telephone # Names of Supervisor on Job Site Type of Equipment Used Agency/Owner Contract # Name & Location of Project Surety Company Sub or Prime Contractor Goods/Services Provided Start & Completion Dates Contract Amount Contact Name/Telephone # Names of Supervisor on Job Site Type of Equipment Used Agency/Owner Contract # Name & Location of Project Surety Company Sub or Prime Contractor Goods/Services Provided Start & Completion Dates Contract Amount Contact Name/Telephone # Names of Supervisor on Job Site Type of Equipment Used 2006 Southwestern Public Service dba Xcel Energy none Carlisle Substation none Prime Build pad 8/6/2007 9/15/2006 $ 37,711.70 Southwestern Public Service dba Xcel Energy 806-378-4153 Gary McBride Backhoe, Maintainer, excavator, rhino compactor Texas Tech University 03-0775 School of Law, Texas Tech Campus none Sub Site preparation/site utilities 9/26/2006 95% complete $ 155,206.00 Vaughn Construction, Inc. 713-243-8300 Jarad Schmidt Backhoe, boring machine, excavator Southwestern Public Service dba Xcel Energy none Tolk Station Water System none Prime Install water line & tie in to wells 11/8/2006 1/23/2007 $ 158,568.35 Southwestern Public Service dba Xcel Energy Mark Patterson/Rene Hernandez Backhoe, boring machine, maintainer, trencher Frenship ISD none Frenship Band Hall, Wolfforth TX none Sub Install sewer 10/24/2006 12/12/2006 $ 38,504.00 Lee Lewis Construction, Inc. 797-8400 Bryant Sebastian Backhoe, boring machine 806-378-4153 Gary McBrid+ Agency/Owner Federal Express Contract # none Name & Location of Project Fed Ex at LIA Surety Company none Sub or Prime Contractor Sub Goods/Services Provided Trench to install electrical conduit Start & Completion Dates 2/7/2007 4/7/07 Contract Amount $ 38,968.75 Contact Name/Telephone # AMCO Incorporated 765-8557 Jerry Names of Supervisor on Job Site Bryant Sebastian Type of Equipment Used Trencher, backhoe Agency/Owner McDougal Companies Contract # none Name & Location of Project N Overton Project, Lubbock TX Surety Company none Sub or Prime Contractor Sub Goods/Services Provided Trench/bore to install electrical conduit Start & Completion Dates 8/15/2006 11/7/2006 Contract Amount $ 57,692.20 Contact Name/Telephone # Southwestern Public Service dba Xcel Energy 765-2891 Bill Mullins Names of Supervisor on Job Site Mark Patterson/Rene Hernandez Type of Equipment Used Backhoe, boring machine, trencher 2005 Agency/Owner Texas Tech University Contract # 05-0432 Name & Location of Project Range & Wildlife Pond, Texas Tech Campus Surety Company none Sub or Prime Contractor Prime Goods/Services Provided Dig holes, install liner for ponds Start & Completion Dates 2/14/2005 4/13/2005 Contract Amount $ 30,853.00 Contact Name/Telephone # Texas Tech University 742-3801 Names of Supervisor on Job Site Mark Patterson/Bryant Sebastian Type of Equipment Used Excavator, backhoe Agency/Owner Texas Tech University Contract # Name & Location of Project Softball Field New Restroom Facility, Texas Tech Campus Surety Company none Sub or Prime Contractor Sub Goods/Services Provided Install water & sewer lines Start & Completion Dates 4/1/2005 5/11/2005 Contract Amount $ 25,022.50 Contact Name/Telephone # Armstrong Mechanical, Inc. 747-4217 Raymond Eade Names of Supervisor on Job Site Mark Patterson/Rene Hernandez Type of Equipment Used Backhoe, boring machine Agency/Owner Flying J Companies Contract # 0528009-009 Name & Location of Project Flying J Travel Plaza, 4th St/I27 Surety Company NAS Surety Group Sub or Prime Contractor Sub Goods/Services Provided Demo, install water & sewer lines Start & Completion Dates 4/13/2005 8/19/2005 Contract Amount $ 130,257.00 Contact Name/Telephone # Deerfield Construction Co., Inc. 513-984-4096 Dave McAninch dave.mcaninch@deerfieldi.com Names of Supervisor on Job Site Mark Patterson Type of Equipment Used Backhoe, boring machine Agency/Owner Home Depot Stores Contract # 70-05-015 Name & Location of Project Home Depot No. 6827, 50th St & University Ave Surety Company NAS Surety Group Sub or Prime Contractor Sub Goods/Services Provided Install water and sewer Start & Completion Dates 7/5/2005 10/27/2005 Contract Amount $ 64,884.00 Contact Name/Telephone # White-Spunner Construction, Inc. 251-471-5189 Names of Supervisor on Job Site Mark Patterson Type of Equipment Used Backhoe, excavator 2005 Agency/Owner Lubbock Power & Light Contract # none Name & Location of Project Bemove, LTD, E 50th St, Lubbock TX Surety Company none Sub or Prime Contractor Sub Goods/Services Provided Trench & bore to install electrical conduit Start & Completion Dates 6/1/2005 8/17/2005 Contract Amount $ 49,054.80 Contact Name/Telephone # Lubbock Power & Light, Terry Sweat, 777-0326 Names of Supervisor on Job Site Bryant Sebastian/Mark Patterson Type of Equipment Used Boring machine, backhoe Agency/Owner Texas Tech University Contract # none Name & Location of Project Wall/Gate Dormitory, Texas Tech Campus Surety Company none Sub or Prime Contractor Sub Goods/Services Provided Install pipe & fire hydrant for fire line Start & Completion Dates 6/24/2005 8/16/2005 Contract Amount $ 24,812.23 Contact Name/Telephone # Casteel Fire Protection 744-3322 Names of Supervisor on Job Site Terry Sires Type of Equipment Used Boring machine, backhoe Agency/Owner Contract # none Name & Location of Project Lynnwood Subdivision, Lubbock TX Surety Company none Sub or Prime Contractor Sub Goods/Services Provided Trench/bore to install electrical conduit Start & Completion Dates 5/13/2005 8/18/2005 Contract Amount $ 49,282.00 Contact Name/Telephone # Southwestern Public Service dba Xcel Energy 765-2891 Names of Supervisor on Job Site Mark Patterson/Rene Hernandez Type of Equipment Used Boring machine, backhoe Agency/Owner Lubbock State School Contract # none Name & Location of Project Lubbock State School Irrigation Lines Surety Company none Sub or Prime Contractor Sub Goods/Services Provided Install irrigation lines Start& CompletionDates8/26/2005 10/27/2005 Contract Amount $ 51,969.80 Contact Name/Telephone # Delta Water Management & Conservation 800-347-2285 Names of Supervisor on Job Site Bryant Sebastian Type of Equipment Used Backhoe, boring machine, trencher L..1 Agency/Owner Contract # Name & Location of Project Surety Company Sub or Prime Contractor Goods/Services Provided Start & Completion Dates Contract Amount Contact Name/Telephone # Names of Supervisor on Job Site Type of Equipment Used WO , Regal Park Subdivision none Sub Install lines for NTS, SBC, Cox, SPEC 9/12/2005 11/3/2005 $ 52,204.66 NTS, Cox Cable, Southwestern Bell, South Plains Electric Co -Op Backhoe, boring machine Agency/Owner Texas Tech University Contract # none Name & Location of Project Child Development & Research Center Utility Installation, Texas Tech Camp Surety Company none Sub or Prime Contractor Sub Goods/Services Provided Install water lines Start & Completion Dates 11/10/2005 6/15/2006 Contract Amount $ 153,481.75 Contact Name/Telephone # Lee Lewis Construction, Inc. 797-8400 Jana Names of Supervisor on Job Site Bryant Sebastian/Mark Patterson Type of Equipment Used Backhoe, excavator, boring machine Agency/Owner Texas Tech University Contract # none Name & Location of Project Student Wellness Center, Texas Tech Campus Surety Company none Sub or Prime Contractor Sub Goods/Services Provided Install water, sewer, lift station Start & Completion Dates 12/1/2005 7/8/2006 Contract Amount $ 239,643.00 Contact Name/Telephone # Lee Lewis Construction, Inc. 797-8400 Tim McLean tmclean@leelewis.com Names of Supervisor on Job Site Bryant Sebastian Type of Equipment Used Backhoe, boring machine Agency/Owner High Plains Surgical Center Contract # none Name & Location of Project High Plains Surgical Center, Lubbock TX Surety Company none Sub or Prime Contractor Sub Goods/Services Provided Install water, sewer taps Start & Completion Dates 10/11/2005 1/19/2006 Contract Amount $ 38,604.00 Contact Name/Telephone # Lee Lewis Construction, Inc. 797-8400 Names of Supervisor on Job Site Mark Patterson Type of Equipment Used Backhoe, excavator, boring machine 2005 Agency/Owner City of Lubbock Contract # none Name & Location of Project Lubbock International Airport Taxiway Surety Company none Sub or Prime Contractor Sub Goods/Services Provided Install casing Start & Completion Dates 10/14/2005 3/16/2006 Contract Amount $ 49,024.00 Contact Name/Telephone # ACME Electric Company 745-7720 Johnny Names of Supervisor on Job Site Bryant Sebastian Type of Equipment Used Boring Machine Agency/Owner Big Cat Properties, LLC Contract # none Name & Location of Project North Park Tract "O", Lubbock TX Surety Company none Sub or Prime Contractor Sub Goods/Services Provided Install water & sewer lines Start & Completion Dates 11/15/2005 1/26/2006 Contract Amount $ 35,740.00 Contact Name/Telephone # Big Cat Properties, LLC 316-262-5099 Names of Supervisor on Job Site Bryant Sebastian Type of Equipment Used Backhoe, boring machine Agency/Owner Greenstreet Construction Company Contract # none Name & Location of Project Sunridge Plaza, Lubbock TX Surety Company none Sub or Prime Contractor Sub Goods/Services Provided Install water & sewer mains, water taps Start & Completion Dates 10/25/2005 9/19/2006 Contract Amount $ 72,816.71 Contact Name/Telephone # Greenstreet Construction Company 745-9444 Names of Supervisor on Job Site Bryant Sebastian Type of Equipment Used Backhoe, boring machine, trencher Agency/Owner Unknown Contract # 717-12-05-ELD Name & Location of Project Canyon West, Phase I, Milwaukee Ave, Lubbock TX Surety Company none Sub or Prime Contractor Sub Goods/Services Provided Trench/bore to install electrical conduit Start & Completion Dates 1/19/2006 8/15/2006 Contract Amount $ 140,690.81 Contact Name/Telephone # Lubbock Power & Light, Terry Sweat, 777-0326 Terry Sweat unknown email Names of Supervisor on Job Site Mark Patterson Type of Equipment Used Backhoe, boring machine, trencher Dillon ri City of Lubbock, TX Insurance Requirement Affidavit To Be Completed by Bidder Must be submitted with Bid I, the undersigned Bidder, certify that the insurance requirements contained in this bid document have been reviewed by me and my Insurance Agent/Broker. If I am awarded this contract by the City of Lubbock, I will be able to, within ten (10) business days after being notified of such award by the City of Lubbock, furnish a valid insurance certificate to the City meeting all of the requirements defined in this bid. CWitractor (Ori final Signature) Contractor (Print) f, CONTRACTOR'S BUSINESS NAME: &G-4woa/D (Print or Type) j, CONTRACTOR'S FIRM ADDRESS: 3 NOTE TO CONTRACTOR 0 If the time requirement specified above is not met, the City has the right to reject this bid and award the contract to another contractor. If you have any questions concerning these requirements, please contact the Director of PurchasinLy & Contract Management Office for the City of Lubbock at (806) 775-2572. L•IT$ 15-12060-TS Do,*i-ntown Redevelopment Phase II Project I ' L City of Lubbock, TX Safety Record Questionnaire The City of Lubbock City Council desires to avail itself of the benefits of Section 252.0435 of the Local Government Code, and consider the safety records of potential contractors prior to awarding bids on City contracts. Pursuant to Section 252.0435 of the Local Government Code, City of Lubbock has adopted the following written definition and criteria for accurately determining the safety record of a bidder prior to awarding bids on City contracts. The definition and criteria for determining the safety record of a bidder for this consideration shall be: The City of Lubbock shall consider the safety record of the bidders in determining the responsibility thereof. The City may consider any incidents involving worker safety or safety of the citizens of the City of Lubbock, be it related or caused by environmental, mechanical, operational, supervision or any other cause or factor. Specifically, the City may consider, among other things: a. Complaints to, or final orders entered by, the Occupational Safety and Health Review Co mission (OSHRC), against the bidder for violations of OSHA regulations within the past three (3) years. b. Citations (as defined below) from an Enviromnental 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 Enviromnental 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. IVI14 / C. Convictions of a criminal offense within the past ten (10) years, which resulted from bodily harm or death. 1,,V/� 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 sanvironment, 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 finn, corporation, partnership, or institution represented by the bidder, or anyone acting for such firm, corporation, partnership or institution, received citations for violations of OSHA within the past three (3) years? YES NO If the bidder has indicated YES for question number one above, the bidder must provide to City of Lubbock, with its bid submission, the following information with respect to each such citation: Date of offense, location of establishment inspected, category of offense, final disposition of offense, if any, and penalty assessed. Bidder's Initials QUESTION TWO Has the bidder, or the firm, corporation, partnership, or institution represented by the bidder, or anyone acting for such firm, corporation, partnership or institution, received citations for violations of environmental protection laws or regulations, of any kind or type, within the past five years? Citations include notice of violation, notice of enforcement, suspension/revocations of state or federal licenses, or registrations, fines assessed, pending criminal complaints, indictments, or convictions, administrative orders, draft orders, final orders, and judicial final judgments. YES NO (/ If the bidder has indicated YES for question number two above, the bidder must provide to City of Lubbock, with its bid submission, the following information with respect to each such conviction: Date of offense or occurrence, location where offense occurred, type of offense, final disposition of offense, if any, and penalty assessed. QUESTION THREE Has the bidder, or the firm, corporation, partnership, or institution represented by bidder, or anyone acting for such firm, corporation, partnership, or institution, ever been convicted, within the past ten (10) years, of a criminal offense which resulted from serious bodily injury or death? YES NO If the bidder has indicated YES for question number three above, the bidder must provide to City of Lubbock, with its bid submission, the following information with respect to each such conviction: Date of offense, location where offense occurred, type of offense, final disposition of offense, in any, and penalty assessed. ACKNOWLEDGEMENT THE STATE OF TEXAS COUNTY OF LUBBOCK I certify that I have made no willful misrepresentations in this Questionnaire nor have I withheld infonnation in my statements and answers to questions. I am aware that the information given by me in this questionnaire shall be investigated, with my full pennission, and that any misrepresentations or omissions may cause my bid to be rejected. Sib ature cM Title City of Lubbock, TX 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 $50,000 and all non -procurement transactions (e.g., sub -awards to sub -recipients). Contractors receiving individual awards of $50,000 or more and all sub -recipients inust certify that their organization and its principals are not suspended or debarred by a Federal agency. Before an award of $50,000 or more can be made to your firm, you must certify that your organization and its principals are not suspended or debarred by a Federal agency. I, the undersigned agent for the firm named below, certify that neither this firm nor its principals are suspended or debarred by a Federal agency. COMPANY NAME: •Aiiiill FEDERAL TAX ID or SOCIAL SECURITY No. �%%%5 JJ rP�-7�--� Signature of Company Official: /� Printed name of company official signing above: �/ P� �AgIn It - Date Signed: / 0% 3b/ [ V- I 3 it LIST OF SUB -CONTRACTORS Page Intentionally Left Blank 7 I 1. 2. 3. 4. 5. 6. 7. 8. 9. s 10. 11. 12. 13. 14. 15. 3 16. ITB 15-12060-TS Downtown Redevelopment Phase II Project LIST OF SUB CONTRACTORS Company Name Locati n Services Provided V— 4�_M () =qoApi / llm,_ A ?9!04� -3wf, 0eX&&0e,,0, • / State • .• Telephone: 71/ -/ k1_4 , Minority Owned Yes No ❑ /4, 7 ❑ ❑yyy ❑ ppp /a, /(b ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ THIS FORM SHALL BE COMPLETED AND RETURNED ALONG WITH YOUR PROPOSAL IF NO SUB —CONTRACTORS WILL BE USED PLEASE INDICATE SO 1. 2. 3. 4. 5. 6. 7. a. 9. 10. 11. 12. 13. 14. 15. 16. ITB 15-12060-TS Downtown Redevel1opment Phase H Project FINAL LIST OF SUB CONTRACTORS Company Name Location Services Provided W Un 7 b&ret -eL C pany rf 1 15 W city, County State Zip Code Telephone: W(# --NI-144 Fax: 9'0 6e — - -a-gi - (qq I r! Minority Owned Yes No 0 0 Gal 0 F-1 e-a ❑ 13 0 0 0 0 0 13 Ej 0 E3 E3 I - A DWAIN 9 MERCHANTS BONDING COMPANY. POWER OF ATTORNEY Know All Persons By These Presents, that MERCHANTS BONDING COMPANY (MUTUAL) and MERCHANTS NATIONAL BONDING, INC., both being corporations duly organized under the laws of the State of Iowa (herein collectively called the "Companies"), - and that the Companies do hereby make, constitute and appoint, individually, Cara D Hancock; Carroll Mayfield; D N Broyles; Harold Binggeli; Jennifer Winters; Ron Stroman of Lubbock and State of Texas their true and lawful Attorney -in -Fact, with full power and authority hereby conferred in their name, place and stead, to sign, execute, acknowledge and deliver in their behalf as surety any and all bonds, undertakings, recognizances or other written obligations in the nature thereof, subject to the limitation that any such instrument shall not exceed the amount of: THREE MILLION ($3,000,000.00) DOLLARS - and to bind the Companies thereby as fully and to the same extent as if such bond or undertaking was signed by the duly authorized officers of the Companies, and all the acts of said Attorney -in -Fact, pursuant to the authority herein given, are hereby ratified and confirmed. This Power -of -Attorney is made and executed pursuant to and by authority of the following By -Laws adopted by the Board of Directors of the Merchants Bonding Company (Mutual) on April 23, 2011 and adopted by the Board of Directors of Merchants National Bonding, Inc., on October 24, 2011. 'The President, Secretary, Treasurer, or any Assistant Treasurer or any Assistant Secretary or any Vice President shall have power and authority to appoint Attorneys -in -Fact, and to authorize them to execute on behalf of the Company; and attach the seal of the Company thereto, bonds and undertakings, recognizances, contracts of indemnity and other writings obligatory in the nature thereof. The signature of any authorized officer and the seal of the Company may be affixed by facsimile or electronic transmission to any Power of Attorney or Certification thereof authorizing the execution and delivery of any bond, undertaking, recognizance, or other suretyship obligations of the Company, and such signature and seal when so used shall have the same force and effect as though manually fixed." In Witness Whereof, the Companies have caused this instrument to be signed and sealed this 20thday of November, 2014. .• .•---•• G •. ;�o�oRPo9 •.9• 1933 c • .d A. STATE OF IOWA COUNTY OF POLK ss. MERCHANTS BONDING COMPANY (MUTUAL) MERCHANTS NATIONAL BONDING, INC. By President On this 20thday of November , 2014, before me appeared Larry Taylor, to me personally known, who being by me duly swom did say that he is President of the MERCHANTS BONDING COMPANY (MUTUAL) and MERCHANTS NATIONAL BONDING, INC.; and that the seals affixed to the foregoing instrument is the Corporate Seals of the Companies; and that the said instrument was signed and sealed in behalf of the Companies by authority of their respective Boards of Directors. In Testimony Whereof, I have hereunto set my hand and affixed my Official Seal at the City of Des Moines, Iowa, the day and year first above written. o RtAts WENDY WOODY Commission Number 784654 ram' My Commission Expires P June 20 2017 Notary Public, Polk County, Iowa STATE OF IOWA COUNTY OF POLK ss. I, William Warner, Jr., Secretary of the MERCHANTS BONDING COMPANY (MUTUAL) and MERCHANTS NATIONAL BONDING, INC., do hereby certify that the above and foregoing is a true and correct copy of the POWER -OF -ATTORNEY executed by said Companies, which is still in full force and effect and has not been amended or revoked. In Witness Whereof, I have hereunto set my hand and affixed the seal of the Companies on this 11th day of December 2014 Secretary POA 0014 (7/14) I PERFORMANCE BOND Page Intentionally Left Blank STATUTORY PERFORMANCE BOND PURSUANT TO SECTION 2253.021(a) OF THE TEXAS GOVERNMENT CODE Bond No. TXC605477 - (CONTRACTS MORE THAN $100,000) KNOW ALL MEN BY THESE PRESENTS, that Deerwood Construction Inc. (hereinafter called the Principal(s), as Principal(s),and Merchants Bonding Company (Mutual) (hereinafter called the Surety(s), as Surety(s), are held and firmly bound unto the City of Lubbock (hereinafter called the Obligee), in the amount of One Million Six Hundred Eighty One Thousand Forty Nine Dollars and Sixty Cents ($1,681,049.60) 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 4th day of December, 2014, to ITB 15-12060-TS Downtown Redevelopment Phase H Project 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 11th day of December , 2014. Merchants Bonding Company (Mutual) Surety * . V By: ) , K, , , (Title) Cara D. Hancock, Attorney -In -Fact Deerwood Construction, Inc. (Company Name©) -� By: Qam (Printed Name) (S iature) C (Title) I The undersigned surety company represents that it is duly qualified to do business in Texas, and hereby designates D N Broyles an agent resident hi 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. Merchants Bonding Company (Mutual) Surety *B Y� (Title) Cara D. Hancock, Attorney —In —Fact Approved as to Forin City of Lubbock By: City A ,e *Note: If signed by an Office of the Surety Company, there must be on file a certified extract from the by-laws showing that this person has authority to sign such obligation. If signed by an Attorney in Fact, we must have copy of power of attorney for our files. 2 MIERCHANi77� BONDING COMPANY. POWER OF ATTORNEY Know All Persons By These Presents, that MERCHANTS BONDING COMPANY (MUTUAL) and MERCHANTS NATIONAL BONDING, INC., both being corporations duly organized under the laws of the State of Iowa (herein collectively called the "Companies"), and that the Companies do hereby make, constitute and appoint, individually, Cara D Hancock; Carroll Mayfield; D N Broyles; Harold Binggeli; Jennifer Winters; Ron Stroman of Lubbock and State of Texas their true and lawful Attomey-in-Fact, with full power and authority hereby conferred in their name, place and stead, to sign, execute, acknowledge and deliver in their behalf as surety any and all bonds, undertakings, recognizances or other written obligations in the nature thereof, subject to the limitation that any such instrument shall not exceed the amount of: THREE MILLION ($3,000,000.00) DOLLARS and to bind the Companies thereby as fully and to the same extent as if such bond or undertaking was signed by the duly authorized officers of the Companies, and all the acts of said Attorney -in -Fact, pursuant to the authority herein given, are hereby ratified and confirmed. This Power -of -Attorney is made and executed pursuant to and by authority of the following By -Laws adopted by the Board of Directors of the Merchants Bonding Company (Mutual) on April 23, 2011 and adopted by the Board of Directors of Merchants National Bonding, Inc., on October 24, 2011. "The President, Secretary, Treasurer, or any Assistant Treasurer or any Assistant Secretary or any Vice President shall have power and authority to appoint Attorneys -in -Fact, and to authorize them to execute on behalf of the Company, and attach the seal of the Company thereto, bonds and undertakings, recognizances, contracts of indemnity and other writings obligatory in the nature thereof. The signature of any authorized officer and the seal of the Company may be affixed by facsimile or electronic transmission to any Power of Attorney or Certification thereof authorizing the execution and delivery of any bond, undertaking, recognizance, or other suretyship obligations of the Company, and such signature and seal when so used shall have the same force and effect as though manually fixed." In Witness Whereof, the Companies have caused this instrument to be signed and sealed this 20thday of November, 2014 . ••,,Nnn.•.pryh,, •.•---•.• r•`,�`�tor��CNG Cq�fo•. MERCHANTS BONDING COMPANY (MUTUAL) .0 1 aR o 4,.. ��•'pRP�9q 9y ; MERCHANTS NATIONAL BONDING, INC. `f►. t0 � ,c, J Zs 1933 c; 200,3 B ....•• STATE OF IOWA ".004 • . • COUNTY OF POLK ss."'••lli••# resi ent On this 20th day of November , 2014, before me appeared Larry Taylor, to me personally known, who being by me duly swom did say that he is President of the MERCHANTS BONDING COMPANY (MUTUAL) and MERCHANTS NATIONAL BONDING, INC.; and -' that the seals affixed to the foregoing instrument is the Corporate Seals of the Companies; and that the said instrument was signed and sealed in behalf of the Companies by authority of their respective Boards of Directors. In Testimony Whereof, I have hereunto set my hand and affixed my Official Seal at the City of Des Moines, Iowa, the day and year first above written. "�Ps WENDY WOODY Commission Number 784654 Z ° ° ° ° My Commission Expires Cv P June 20 2017 Notary Public, Polk County, Iowa STATE OF IOWA COUNTY OF POLK ss. I, William Warner, Jr., Secretary of the MERCHANTS BONDING COMPANY (MUTUAL) and MERCHANTS NATIONAL BONDING, INC., do hereby certify that the above and foregoing is a true and correct copy of the POWER -OF -ATTORNEY executed by said Companies, which is still in full force and effect and has not been amended or revoked. j In Witness Whereof, I have hereunto set my hand and affixed the seal of the Companies on this 11th day of December 2014 Secretary POA 0014 (7/14) l_J MERCHANTS BONDING COMPANY. MERCHANTS BONDING COMPANY (MUTUAL) • MERCHANTS NATIONAL BONDING, INC. 2100 FLEUR DRIVE - DES MOINES, IOWA 50321-1158 - (800) 678-8171 - (515) 243-3854 FAX IMPORTANT NOTICE To obtain information or make a complaint: You may contact your insurance agent at the telephone number provided by your insurance agent. You may call Merchants Bonding Company (Mutual) toll -free telephone number for information or to make a complaint at: 1-800-678-8171 You may contact the Texas Department of Insurance to obtain information on companies, coverages, rights or complaints at: 1-800-252-3439 You may write the Texas Department of Insurance at: P. O. Box 149104 Austin, TX 78714-9104 Fax: (512) 475-1771 Web: http://www.tdi.state.tx.us E-mail: ConsumerProtection@tdi.texas.gov PREMIUM AND CLAIM DISPUTES: Should you have a dispute concerning your premium or about a claim you should contact the agent first. If the dispute is not resolved, you may contact the Texas Department of Insurance. ATTACH THIS NOTICE TO YOUR POLICY: This notice is for information only and does not become a part or condition of the attached document. SUP 0032 TX (12/13) CERTIFICATE OF INSURANCE Page Intentionally Left Blank .4C -- CERTIFICATE OF LIABILITY INSURANCE `...-12/19/201414 DATE(MMIDD THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: if the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER Edmond, Deaton & Stephens 5625 Fulton Amarillo TX 79109 CONTACT Susan Kirkland, CRIS, ACSR NAME: PHONE (806)356-6000 FAX (806)356-0615 A/ o -MAIL ADDRESS: susan@edsinsurance.com INSURERS AFFORDING COVERAGE NAIC p INSURER A .Continental Casualty INSURED Deerwood Construction Inc. P 0 Box 3009 Lubbock TX 79452 B:Continental Insurance Cc -INSURER INSURERC:Texas Mutual Insurance Co 22945 INSURER DCommerce & Industry Ins Co INSURER E : INSURER F: COVERAGES CERTIFICATE NUMBER:14-15 a11/13-14 we REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE ADDLSUBR POLICY NUMBER POLICY EFF MM/DD/YYYY POLICY EXP MMIDDIYYYY LIMITS GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 A X COMMERCIAL GENERAL LIABILITY CLAIMS -MADE a OCCUR 5091605352 /9/2014 /9/2015 DAMAG 0 R NT D PREMISES Ea occurrence $ � 300 000 MED EXP (Any one person) $ 5,000 PERSONAL & ADV INJURY $ 1,000,000 GENERAL AGGREGATE $ 2,000,000 GE ML AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OP AGG $ 2,000,000 POLICY X PRO LOC $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT Ea accident 1,000,000 BODILY INJURY (Per person) $ B X ANY AUTO ALL OWNED SCHEDULED AUTOS AUTOS 5091605383 /9/2014 /9/2015 BODILY INJURY (Per accident) $ x PROPERTY DAMAGE Per accident $ NON -OWNED HIRED AUTOS x AUTOS PIP -Basic $ 5,000 X UMBRELLA LIAB OCCUR EACH OCCURRENCE $ 4,000,000 AGGREGATE $ 4,000,000 D EXCESS LIAR CLAIMS -MADE x DED I I RETENTION$ 10,00C $ BE 035409558 /9/2014 /9/2015 C WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y / N ANY PROPRIETOR/PARTNERfEXECUTIVE OFFICER/MEMBER EXCLUDED? a (Mandatory in NH) N / A SF0001102658 2/31/2013 2/31/2014 X WC STATU- OTH- TOR E.L. EACH ACCIDENT $ 1 000 000 E.L. DISEASE -EA EMPLOYE $ 1 000 000 If yes, describe under DESCRIPTION OF OPERATIONS below I E.L. DISEASE - POLICY LIMIT $ 1,000,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space is required) Downtown Redevelopment Phase II Project. ITB 15-1200, Contract #12060. Certificate holder is listed as additional insured and waiver of subrogation applies where required by written contract. City of Lubbock P 0 Box 2000 Lubbock, TX 79457 GANGELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE Phillips/SK ACORD 25 (2010/05) © 1988-2010 ACORD CORPORATION. All rights reserved. INS025r?mnnsint The ACOPn name and Innn arc rcnictcrcfl marlrc of A('OPn ACORO® CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DD 12/19/2014014 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER Edmond, Deaton & Stephens 5625 Fulton Amarillo TX 79109 CONTACT Susan Kirkland CRIB ACSR NAME: PHONE_No (806)356-6000 FAX No: (806)356-0615 nIEw:susan@edsinsurance.com INSURERS AFFORDING COVERAGE NAIC i INSURER A:COntinental Casualty INSURED Deerwood Construction Inc. P 0 Box 3009 Lubbock TX 79452 INSURER B:COntlnental Insurance Co INSURERC:Texas MLltual Insurance CO 22945 INSURER D:Commerce & Industry Ins CO INSURER E : INSURERF: COVERAGES CERTIFICATE NUMBER:15-16WC/14-15 others REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE POLICY NUMBER POLICY EFF MMIDD POLICY EXP MWDD/WYY LIMITS GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 X COMMERCIAL GENERAL LIABILITY DAMAGE To RENTEG PRE M SES Ea occurrence $ 300,000 A CLAIMS -MADE 1XI OCCUR 5091605352 /9/2014 /9/2015 MED EXP (Any one person) $ 5,000 PERSONAL & ADV INJURY $ 1,000,000 GENERAL AGGREGATE $ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS- COMP/OP AGG $ 2,000,000 $ POLICY X PRO- M LOC JECT AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT Eaaccident) 11000,000 BODILY INJURY (Per person) $ B X ANY AUTO ALL OWNED SCHEDULED AUTOS AUTOS 5091605383 /9/2019 /9/2015 BODILY INJURY (Per accident) $ PROPERTY DAMAGE Per accident)$ NON -OWNED x HIRED AUTOS x AUTOS PIP -Basic $ 5 000 X UMBRELLA LIAB OCCUR EACH OCCURRENCE $ 4,000,000 AGGREGATE $ 4,000,000 D EXCESS I" CLAIMIMADE x I DED RETENTION$ 10,000 F $ BE 035409558 /9/2014 /9/2015 C WORKERS COMPENSATIONWC AND EMPLOYERS' LIABILITY YIN ANY PROPRIETORMARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? (Mandatory In NH) N I A SP0001102658 2/31/2019 2/31/2015 X STATU- OTH- Y LIMITS E.L. EACH ACCIDENT $ 1 000 000 E.L. DISEASE - EA EMPLOYEE $ 1,000,000 If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $ 1,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (Attach ACORD 101, Additional Remarks Schedule, H more space Is required) Downtown Redevelopment Phase II Project. ITB 15-1200, Contract #12060. Certificate holder is listed as additional insured and waiver of subrogation applies where required by written contract. City of Lubbock P O Box 2000 Lubbock, TX 79457 GANGtLLA I IUN SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE yn Phillips/SK ACORD 25 (2010105) IN S025 ont nnst n i ©1988-2010 ACORD CORPORATION. All rights reserved. Tha arnon nnrno and Innn nra ranicfarad mnrlrc of ar npn CNA CNA63359XX (Ed. 04/12) THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CONTRACTORS EXTENDED COVERAGE ENDORSEMENT - BUSINESS AUTO PLUS - This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM I. LIABILITY COVERAGE A. Who Is An 11runxed The following is added to Section II, (Paragraph AA., Who Is An Insured: 1. a. Any incorporated entity of which the Named insured owns a majority of the voting stock on the date of inception of this Coverage Form; provided that, b. The insurance afforded by this provision A.I. does not apply to any such entity that is an 'insured' under any other liability "policy' providing 'auto' coverage. 2. Any organization you newly acquire or form, other than a limited liability company, partnership or joint venture, and over which you maintain majority ownership interest. A The insurance afforded by this provision A2.: a. is effective on the acquisition or formation date, and is afforded only until the and of the policy period of this Coverage Form, or the next anniversary of its inception date, whichever is earlier. b. Does not apply to: (1) 'Bodily injury' or 'property damage' $ caused by an 'accident' that occurred before you acquired or formed the organization; or s (2) Any such organization that is an 'insured' under any other liability 'policy' providing 'auto' coverage. 3. Any person or organization that you are required by a written contract to name as an additional Insured is an 'insured' but only with Sawa respect to their legal liability for acts or omissions of a person, who qualifies as an 'insured' under Section It — Who Is An ME Insured and for whom Liability Coverage is afforded under this policy. If required by �. written contract, this insurance will be primary and non-contributory to insurance on which the additional insured is a Named Insured. 4. An 'employee' of yours is an 'Insured' while operating an 'auto' hired or rented under a contract or agreement in that 'employee's' name, with your permission, while performing duties related to the conduct of your business. 'Policy,' as used in this provision A. Who Its An Insured, includes those policies that were in force on the inception date of this Coverage Form but: 1. Which are no longer in force; or 2. Whose limits have been exhausted. B. Bail Bands and Loss of Eunings Section II, Paragraphs A.2. (2) and A2. (4) are revised as follows: 1. In a.(2), the limit for the cost of bail bonds is changed from $2,000 to $5,000; and 2. In a.(4), the limit for the loss of eamings is changed from $250 to $500 a day. C. Fellow Employee Section II, Paragraph BX does not apply. Such coverage as is afforded by this provision C. is excess over any other collectible insurance. II. PHYSICAL DAMAGE COVERAGE A. Glass Breakage — Hitting A Bird Or Animal — Falliing Objects Or Missiles The following is added to Section III, Paragraph A.3.: With respect to any covered auto,' any deductible shown in the Declarations will not apply to glass breakage ff such glass is repaired, in a manner acceptable to us, rather than replaced. B. Transportation Expenses Section Ill, Paragraph AA a. is revised, with respect to transportation expense incurred by you, to provide: a. $60 per day, in lieu of $20; subject to b. $1,800 maximum, in lieu of $600. C. Loss of Use Expenses Section III, Paragraph AA.b. is revised, with respect to loss of use expenses incurred by you, to provide: a. $1,000 maximum, in lieu of $600, CNA63359XX copyright, CNA corporation, 2000. Page 1 of 3 (Ed. 04/12) Includes copyrighted material of the Insurance Services Of a used with Its pera lssion. CNA63359XX (Ed. 04/12) D. Hired 'Autos" d. A $100spar, occurrence deductible applies to The following Is added to Section ill. Paragraph the coverage provided by:this provision. A.: G. Diminution In Value S. Hired "Autos" The following is added to Section III, Paragraph If Physical Damage coverage Is provided under B.6.: this policy, and such coverage does not extend to Subject to the following, the 'diminution in value` Hired Autos, then Physical Damage coverage is exclusion does not apply to: extended to: a. Any covered 'auto" of the private a. Any covered 'auto' you lease, hire, rent passenger type you lease, hire, rent or or borrow without a driver; and borrow, without a driver for a period of 30 b. Any covered 'auto' hired or rented by 'employee' days or -less, while performing duties related to the conduct of your business; your without a driver, under a and contract in that individual "employee's" name, with your permission, while b. Any covered 'auto' of the . private performing duties related to the conduct passenger type hired or rented by your of your business. 'employee' without a driver for a period of c. The most we will pay for any one "losso 30 days or less, under a contract in that individual 'employee's' name, with your accident' or is the actual cash permission, while performing duties value, cost of repair, cost of replacement related to the conduct of your business. or $75,000, whichever is less, minus a $500 deductible for each covered auto. c. Such coverage as. is provided by this No deductible applies to 'loss' caused by provision is limited to a 'diminution in fire or lightning. - value' loss arising directly - out of d. The physical damage coverage as is accidental damage and not as a result of � the failure to make repairs; faulty or provided by this provision is equal to the incomplete maintenance or repairs; or the physical damage coverage(s) provided on installation of substandard parts. your owned autos.' a. Such physical damage coverage for hired d. The most we will pay for 'loss' to a covered 'auto' in any one accident is the 'autos' will: lesser of: (1) Include loss of use, provided it is the 'accident' (1) $5,000; or consequence of an for which the Named Insured is legally (2) 20% of the'auto's' actual cash value liable, and as a result of which a (ACV). monetary loss is sustained by the leasing or rental concern. Ill. Drive Other Car Coverage - Executive Officers (2) Such coverage as is provided by this The following is added to Sections II and ill: provision will be subject to a limit of 1. Any 'auto' you don't own, hire or borrow is a $750 per'accident.' covered 'auto' for Liability Coverage while being E. Alrbag Coverage used by, and for Physical Damage Coverage while in the care, custody or control of, any of your The following is added to Section lit, Paragraph 'executive officers,' except: B 3" a. An 'auto' owned by that 'executive officer' or The accidental discharge of an airbag shall not be a member of that person's household; or considered mechanical breakdown. b. An 'auto' used by that 'executive officer' F. Electronic Equipment while working in a business of selling, Section III, Paragraphs B.4.c and 13.4.d. are servicing, repairing or parking 'autos." deleted and replaced by the following: Such Liability and/or Physical Damage Coverage c. Physical Damage Coverage on a covered as is afforded by this provision. 'auto' also applies to 'loss' to any (1) Equal to the greatest of those coverages permanently installed electronic equipment afforded any covered 'auto'; and including its antennas and other accessories. CNA63359XX Copyright, GNA corporation, 2000. Page 2 of 3 (Ed. 04/12) Includes copyrighted materlal of the Insurance Services Office used with its pemUsaion. (2) Excess over any other collectible insurance. 2. For purposes of this provision, 'executive officer' means a person holding any of the officer positions created by your charter, constitution, by- laws or any other similar governing document, and, while a resident of the .same household, includes that person's spouse. Such 'executive officers' are 'insureds' while using a covered 'auto described in this provision. M. BUSINESS AUTO CONDITIONS A. Duties In The Event Of Accident, Claim, Sutt Or Loss The following is added to Section IV, Paragraph A.2ra.. (4) Your 'employees' may know of an 'accident' or 'loss.' This will not mean that you have such knowledge, unless such 'accident or 'loss' is known to you or if you are not an individual, to any of your executive officers or partners or your insurance manager. The following is added to Section IV, Paragraph A.2.b.: M (6) Your 'employees' may know of 8 documents received concerning a claim 01 or 'suit! This will not mean that you have such knowledge, unless receipt of such documents is known to you or if you are not an individual, to any of your executive officers or partners or your insurance manager. B..Transfer Of Rights Of Recovery Against Others To Us The following is added to Section IV, Paragraph A.S. Transfer Of Rights Of Recovery Against 0 Others To Us: We waive any right of recovery we may have, because of payments we make for injury or CNA63369XX (Ed. 04112) damage, against any person or organization for 'Whom or which you are required by written contract or agreement to obtain this waiver from US. This injury or damage must arise out of your activities under'' a contract with that - person ' or organization. You must agree to that requirement prior to an 'accident' or 'loss! C. Concealment, Misrepresentation or Fraud The following is added to Section IV, Paragraph B.2.: . Your failure to disclose all hazards existing on the date of inception of this Coverage Form shall not prejudice you with respect to the coverage afforded provided such failure or omission is not intentional. D. Other insurance The following is added to Section IV, Paragraph .Regardless of the provisions of Paragraphs 5.e. .and S.d. above, the coverage provided by this .policy shall be.. on a primary , non-contributory basis. This provision is applicable only. when required by a written 'contract. That written contract must have. been entered Into prior to 'Accident' or'Loss.' E. Policy Period, Coverage Territory Section iV, Paragraph B. 7.(5).(a). is revised to provide: a. 45 days of coverage in lieu of 30 days. V. DEFINITIONS Section V. Paragraph C. is deleted and replaced by the following: 'Bodily injury' means bodily injury, sickness or disease sustained by a person, including mental anguish, mental injury or death resulting from any of these. GNA63359XX Copyright C%A Corporal on, 2000. Page 3 of 3 (Ed. 04/12) Includes copyrighted material of the insurance S&Mwa office used with its permtasion. ® WORKERS' COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 4203 04 A TEXAS WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT This endorsement applies only to the insurance provided by the policy because Texas is shown in Item 3.A. of the Information Page. We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule, but this waiver applies only with respect to bodily injury arising out of the operations described in the Schedule where you are required by a written contract to obtain this waiver from us. This endorsement shall not operate directly or indirectly to benefit anyone not named in the Schedule. The premium for this endorsement is shown in the Schedule. Schedule I. ( ) Specific Waiver Name of person or organization ( X) Blanket Waiver Any person or organization for whom the Named Insured has agreed by written contract to furnish this waiver. 2. Operations: ALL TEXAS OPERATIONS 3. Premium The premium charge for this endorsement shall be 2.00 percent of the premium developed on payroll in connection with work performed for the above person(s) or organization(s) arising out of the operations described. 4. Advance Premium INCLUDED, SEE INFORMATION PAGE. This endorsement changes the policy to which it is attached effective on the inception date of the policy unless a different date Is Indicated below. (The following "attaching clause' need be completed only when this endorsement is issued subsequent to preparation of the policy.) This endorsement, effective on at 12:01 A.M. standard time, forms a part of Policy No. TSF-0001102658 20131231 of the Texas Mutual Insurance Company Issued to DEERWOOD CONSTRUCTION INC Endorsement No. Premium $ Altwx -6 f�...� Authorized Representative WC420304A (ED. 1-01-2000) INSUREO'S COPY OUSER 12-06-2013 CNA G-140331-D (Ed.01/13) BLANKET ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS — WITH PRODUCTS -COMPLETED OPERATIONS COVERAGE It is understood and agreed that this endorsement amends the COMMERCIAL GENERAL LIABILITY COVERAGE PART as follows: SCHEDULE (OPTIONAL) Name of Additional insured Parsons Or Organizations (As required by 'written contract' per Paragraph A. below.) Locations of Covered Operations (As per the 'written contract,' provided the location is within the'coverage territory' of this Coverage Part.) A. Section 11- Who Is An Insured is amended to include as an additional insured: 1. Any person or organization whom you are required by 'written contract' to add as an additional insured on this Coverage Part; and S2. The particular person or organization, if any, scheduled above. B. The insurance provided to the additional Insured is limited as follows: 1. The person or organization is an additional insured only with respect to liability for 'bodily injury,' 'property damage,' or 'personal and advertising Injury' caused in whole or in part by: a. Your acts or omissions, or the acts or omissions of those acting on your behalf, in the performance of your ongoing operations specified in the 'written contract'; or b. 'Your work' that is specified in the 'written contract' but only for 'bodily Injury' or 'property damage' included in the 'products -completed operations hazard,' and only if: s (1) The 'written contract' requires you to provide the additional insured such coverage; and (2) This Coverage Part provides such coverage. 2. If the 'written contract' specifically requires you to provide additional insurance coverage via the 10/01 edition of CG2010 (aka CG 2010 10 01), or via the 10/01 edition of CG2037 (aka CG 20 37 10 01), or via the 11/85 edition of CG2010 (aka CG 20 10 11 85), then in paragraph B.1. above, the words 'caused in whole or in part by' are B replaced by the words 'arising out of. 3. We will not provide the additional insured any broader coverage or any higher limit of insurance than: a. The maximum permitted by law; b. That required by the 'written contract'; c. That described in 8.1. above; or d. That afforded to you under this policy, whichever is less. G-140331-D (Ed. 01113) Page 1 of 2 Copyright, CNA All Rights Reserved. G-140331-D (Ed. 04 /1.3) 4. Notwithstanding. anything to the contrary.in Condition 4. Other ksurance (Section III), this insurance is excess of all other insurance available to the additional insured whether on a primary, excess, contingent or any other basis, But if required by the 'written contract' to be primary and non-contributory, this insurance will be primary and non- contributory relative to insurance on which the additional insured is a Named Insured. 5. The insurance provided to the additional insured does not apply to 'bodily Injury,' 'property damage,' or 'personal and advertising injury' arising out of: a. The rendering of, or the failure to render, any professional architectural, engineering, or surveying services, including: (1) The preparing, approving, or failing to prepare or approve maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; and (2) Supervisory, inspection, architectural or engineering activities; or b. Any premises or work for which the additional insured is specifically listed as an additional Insured on another endorsement attached to this Coverage Part. C. SECTION IV— COMMERCIAL GENERAL LIABILITY CONDITIONS is amended as follows: 1. The Dutles In The Event of Occurrence, Offense, Claim or Suit condition is amended to add the following additional conditions applicable to the additional insured: An additional insured under this endorsement will as soon as practicable: (1.) Give us written notice of an 'occurrence" or an offense. which may result in a claim or 'suit' under this insurance, and of any claim or'suit" that does result; (2) Except as provided in Paragraph B.4. of this endorsement, agree to make available any other insurance the additional insured has for a loss we cover under this Coverage Part; (3) Send us copies of all legal papers received, and otherwise cooperate with us In the investigation, defense, or .settlement of the claim or'suW; and (4) Tender the defense and indemnity of any claim or 'suit to any other insurer or self insurer whose policy or program applies to a loss we cover under this Coverage Part. But if the 'written contract' requires this insurance to be primary and non-contributory, this provision (4) does not apply to insurance on which the additional insured is a Named Insured. We have no duty to defend or Indemnify an additional Insured under this endorsement until we receive from the additional insured written notice of a claim or 'suit.' D. Only for the purpose of the insurance provided by this endorsement, SECTION V — DEFINITIONS Is amended to add the following definition: 'Written contract' means a written contract or written agreement that requires you to make a person or organization an additional insured on this Coverage Part, provided the contract or agreement:. 1. Is currently In effect or becomes effective during the term of this policy; and 2. Was executed prior to: a. The 'bodily Injury' or 'property damage'; or b. The offense that caused the 'personal and advertising injury,' for which the additional insured seeks coverage under this Coverage Part. All other terms and conditions of the Policy remain unchanged. G-140331-D (Ed. 01 /13) Page 2 of 2 Material used with permission of ISO Properties, Inc. Copyright, CNA All Rights Reserved. 8 8 CNA G-18662-J (Ed. 07/12) CONTRACTORS' GENERAL LIABILITY EXTENSION ENDORSEMENT It is understood and agreed that this endorsement amends the COMMERCIAL GENERAL LIABILITY COVERAGE PART as follows. The changes this endorsement makes do notapply with respect to any coverage that has been excluded or amended by another endorsement attached to this policy. SCHEDULE Coverage is summarized below.. For particulars and limitations affecting each coverage, please refer to the corresponding policy provisions in the body of this endorsement. 1. Additional Insureds Seven additional insured extensions. 2. Bodily Injury — Expanded Def inition 3. Broad Knowledge of Occurrence! Notice of Occurrence 4. Broad Named Insured 5. Broadened Liability Coverage For Damage To "Your Product" And 'Your work" Limit: $100,000, 6. Contractual Liability — Railroads Expanded definition of "insured contract.' 7. Contractual Liability For Personal And Advertising Injury S. Electronic Data Liability Loss of Electronic Data Limit: $100,000, 9. Expanded Persortal And Advertising Injury - Diwdmination Or Humiliation 10. Expected Or Intended Injury Reasonable tome —'bodily injury' or'property damage! 11. General Aggregate Limits Of Insurance - Per Project 12. In Rom Actions 13. Incidental Health Care Malpractice Coverage 14. Joint Ventures/Partnership/Limited Liablltty Companies Coverage for your interest in such terminated or ended organizations. 15. Legal Liability/Alienated PremiseslBorrowed Equipment Coverage Extended perils. Default limit increased to $500,000 for Damage to Premises Rented To You. $25,000 limit for 'property damage' to borrowed tools or ui ment at a 'obsite. 16. Liberalization Clause 17. Liquor Liability Coverage Extension 18. Medical Payments Limits increased to $15,000. Reporting increased to three years from the date of accident. 19. Non -owned Aircraft Coverage 20. Non -owned Watercraft Increased to 75 feet. 21. Primary And Non -Contributory To Other Insurance 22. Property Damage - Elevators 23. Supplementary Payments Cost of bail bonds increased to $5,000. Daily loss of earnings increased to $1,000. 24. Unintentional Failure To Disclose Hazards 25. Waiver of Subrogation - Blanket Waiver of subrogation where required by written contract or written agreement. 26. Wrap -Up Extension G-18652-J (Ed. 07/12) Page 1 of 11 Copyright, CNA All Rights Reserved. 1. ADDITIONAL INSURED SECTION II - WHOJS AN .INSURED is amended to include as an insured any -person or organization (called additional insured) described in paragraphs A. through-G. below whom:you are: required to add as an additional insured on this policy under a written .. contract or written agreement, provided the written contract or written agreement: - . I. Is currently in effect or becomes effective during the term of this policy; and . li. Was executed prior to the 'bodily injury,' 'property damage' or 'personal injury and advertising injury' for which the additional insured seeks coverage. However, we will not provide the additional insured any broader coverage or any higher limit of insurance than the least that is: a. The maximum permitted by law; b. Required in the written contract or written agreement; c. Afforded to you under this policy; or d. Described in the applicable paragraphs A. through G. below. A. Controlling Interest Any persons or organizations with a controlling interest in you but only with respect to their liability arising out of: 1. Their financial control of you; or 2. Premises they own, maintain or control while you lease or occupy these premises. This insurance does not apply to structural alterations, new construction and demolition operations performed by or for such additional insured. B. Co-owner of Insured Premises G-18652-J (Ed. 07/12) not apply to any 'occurrence' which takes place after the equipment lease expires. D. Lessor - Land An owner or other interest from whom land has been leased *by you but only with respect to liability arising out of the ownership, maintenance or use of that specific part of the land. leased to you and subject to the following. additional exclusions: This insurance does not apply to: ' 1. Any 'occurrence' which takes place after you cease to lease that land; or 2. Structural alterations, new construction or demolition operations performed by or on behalf of such additional Insured. E. Lessor - Premises A manager or lessor of premises but only with respect to liability arising out of the ownership, maintenance or use of that specific part of the premises leased to you and subject to the following additional exclusions: This insurance does not apply to:.. 1. Any 'ocxurrence' which takes place after you cease to be a tenant in that premises; or 2. Structural alterations, new construction or demolition operations performed by or on behalf of such additional insured. F. Mortgagee, Assignee or Receiver A mortgagee, assignee or receiver but only with respect to their liability as mortgagee, assignee, or receiver and arising out of the ownership, maintenance, or use of a premises by you. This insurance does not apply to structural alterations, new construction or demolition operations performed by or for such additional Insured. A co-owner of a premises co -owned by you and O. State or Governmental Agency or Subdivision covered under this insurance but only with respect or Political Subdivisions to the co-owner`s liability as co-owner of such premises. A state or governmental agency or subdivision or political subdivision subject to the following C. Lessor - Equipment provisions: 1. Any person or organization from whom you 1. This insurance applies only with respect to the lease equipment, but only with respect to following hazards for which the state or liability for 'bodily injury,' 'property damage' governmental agency or subdivision or or 'personal and advertising injury' caused, in political subdivision has issued a permit or whole or in part, by your maintenance, authorization in connection with premises you operation or use of equipment leased to you own, rent, or control and to which this by such person or organization, insurance applies: 2. With respect to the insurance afforded to a. The existence, maintenance, repair, these additional insureds, this insurance does construction, erection, or removal of G-18652-J (Ed. 07112) Page 2 of 11 Copyright, CNA All Rights Reserved. advertising signs, awnings, canopies, cellar entrances, coal holes, driveways, manholes, marquees, hoistaway openings, sidewalk vaults, street banners, or decorations and similar exposures; or b. The construction, erection, or removal of elevators; or c. The ownership, maintenance or use of any elevators covered by this insurance. 2. This insurance applies only with respect to operations performed by you or on your behalf for which the state or governmental agency or subdivision or political subdivision has issued a permit or authorization. 3. This insurance does not apply to: a. 'Bodily injury,' 'property damage' or 'personal and advertising injury' arising out of operations performed for the federal government, state or municipality; or b. 'Bodily injury' or 'property damage' included within the 'products -completed operations hazard.' A governmental permit which requires you to add the governmental entity as an additional insured will trigger this Provision 1. as if the permit were a S written contract. 2. BODILY INJURY — EXPANDED DEFINITION SECTION V— DEFINITIONS, the definition of 'bodily injury' is changed to read: 'Bodily injury' means bodily injury, sickness or disease sustained by a person, including death, humiliation, shock, mental anguish or mental injury by that person at any time which results as a consequence of the bodily injury, sickness or disease. 3. BROAD KNOWLEDGE OF OCCURRENCE/ NOTICE OF OCCURRENCE Condition 2. Duties in The Event of Occurrence, Offense, Claim or Suit of SECTION IV — COMMERCIAL GENERAL LIABILITY CONDITIONS is amended to add the following provisions: A. BROAD KNOWLEDGE OF OCCURRENCE You must give us or our authorized representative notice of an 'occurrence,' offense, claim, or 'suit' only when the 'occurrence,' offense, claim or 'suit' is known to: G-18652-J (Ed. 07112) (3) An executive officer or the employee designated by you to give such notice, if you are a corporation; or (4) A manager, if you are a limited liability company. B. NOTICE OF OCCURRENCE Your rights under this Coverage Part will not be prejudiced if you fail to give us notice of an 'occurrence,' offense, claim or "suit' and that failure is solely due to your reasonable belief that the 'bodily injury' or 'property damage' is not covered under this Coverage Part. However, you shall give written notice of this 'occurrence,' offense, claim or 'suit' to us as soon as you are aware that this insurance may apply to such 'occurrence,' offense claim or'sult.' 4. BROAD NAMED INSURED A. Any subsidiary or affiliate organization, other than a partnership, joint venture or limited liability company, in which a Named Insured specifically shown In the Declarations has management control, directly or through one or more subsidiary organizations, at the time of loss will qualify as a Named Insured but only 9 there is no other similar insurance available to such organization, nor similar insurance which would be available but for exhaustion of its limits. For the purpose of this provision, similar insurance means general liability or equivalent insurance, no matter whether its coverage is broader or narrower than that provided by this insurance. But If the only other similar insurance is for a 'consolidated (wrap-up) program,' then a subsidiary that qualifies as a Named Insured on such project -specific insurance can still quality as a Named Insured on this insurance, but not for projects covered by the 'consolidated (wrap-up) program.' [Please see Item 26.C. of this endorsement for the definition of 'consolidated (wrap-up) program.'] B. This endorsement does not apply to any organization for which coverage is excluded by another endorsement attached to this policy. C. Only for the purpose of this endorsement: 1. Management control means: a. Ownership interest representing more than 50% of the voting, appointment, or designation power for the subsidiary organization's governing body; or (1) You, if you are an individual; b. Having the right, pursuant to a written contract, or pursuant to the by-laws, (2) A partner, if you are a partnership; charter, operating agreement, or similar document of a specifically shown Named Insured or controlled subsidiary G-18652-J (Ed. 07/12) Page 3 of 11 Copyright, CNA All Rights Reserved organization to select, appoint, or designate a majority of the subsidiary organization's governing body. Such contract or document must have been created prior to the time of loss; or c. Having the right, pursuant to a written trust agreement, to protect, control the use of, encumber or transfer and sell property held by a trust. 2. Goveming:body means the Board of Directors of a corporation. 3. Loss means: a. The occurring of the 'bodily injury' or 'property damage'; or b. The committing of the offense that caused the 'personal. and advertising injury.' D. The insurance provided by this policy applies to Named Insureds when trading under their own names, or under such trading names or doing - business -as (DBA) names as any should choose to:employ. 5. BROADENED LIABILITY COVERAGE FOR DAMAGE TO "YOUR PRODUCT" AND 'YOUR WORK" I. . A. 'Under SECTION I — COVERAGE A — BODILY INJURY AND. PROPERTY DAMAGE LIABILITY, Paragraph 2. Exclusions is amended to delete exclusions k. and I. and replace them with the following: . [This insurance does not apply to:] k. Damage to Your Product 'Property damage' to 'your product' arising out of 4, or any part of it except when caused by or resulting from: (1) Fire; (2) -Smoke; (3) Collapse; or (4) Explosion. Damage to Your Work "Property damage" to 'your work' arising out of it, or any part of it and included in the 'products-. completed operations hazard.' This exclusion does not apply: (1) If the damaged work or the work out of which the damage arises was performed on your behalf by a subcontractor; or G-18652-J (Ed. 07112) (a) Fire; - (b) Smoke; (c) Collapse; or (d) Explosion: B. The following paragraph is added to SECTION III — LIMITS OF INSURANCE: Subjectto'S. above, $100,000 is the most we will pay under Coverage A forthe sum of damages arising out of any one''occunence' because of 'property damage' to 'your product and 'your work' that is caused by fire, smoke, collapse or explosion and is included within the "product - completed operations hazard' This sublimft does not apply to 'property damage' to 'your wo ie if the damaged work or the work out of which the damage arises was performed on your behalf by a subcontractor. C. This Provislon 6. Broadened Liability Coverage For Damage To 'Your Product" And 'Your Work" does not apply if an endorsement of the same name is attached to this policy. 6. CONTRACTUAL LIABILITY — RAILROADS With respect to operations performed within 50 feet of railroad property, the definition of 'insured contract' In SECTION V - DEFINITIONS is replaced by the following: 'Insured Contract' means:, a. A contract for a lease of premises, However, that portion of the contract for a lease of premises that indemnifies' any .person or organization for damage by fire to premises while rented to you or temporarily occupied by you with permission of the owner is not an 'Insured contract'; b. A sidetrack agreement; c. Any easement or license agreement; d. An obligation, as required by ordinance, to indemnify a municipality, except in connection with work for a municipality; a. An elevator maintenance agreement; f. That part of any other contract or agreement pertaining to your, business (including an indemnification of a municipality in connection with work performed for a municipality) under which you assume the tort liability of another party to pay for 'bodily injury' or 'property damage' to a third person or organization. Tort liability means a liability that would be imposed by law in the absence of any contract or agreement. (2) if the cause of loss to the damaged work Paragraph f. does not include that part of any arises as a result of: contract or agreement: G-18652-J (Ed. 07/12) Page 4 of 11 Copyright, CNA AN Rights Reserved. G-18652- J (Ed, 07/12) (1) That, indemnifies an architect, engineer or 'Electronic data' means information, facts or surveyor for injury or damage arising out of: programs stored as or on, created or used on, or (a) Preparing, approving or falling to prepare transmitted to or from computer software (including systems and applications software), or approve maps,' shop drawings; hard or floppy disks, CD-ROMS, tapes, drives, opinions, reports, surveys, field orders, cells, data processing devices or any other media change orders or drawings and which are used with electronically controlled specifications; or equipment. (b) Giving directions or instructions, or failing D. For the purposes of the coverage provided by this to give them, if that is the primary cause endorsement, the definition of 'property damage' of the injury or damage; in SECTION V — DEFINITIONS is replaced by the (2) Under which the insured, if an architect, following: engineer or surveyor, assumes liability for an 17- Properly damage means: injury or damage arising out of the insured's rendering or failure to render professional a. Physical injury to tangible property, services, including those listed In (1) above including all resulting loss of use of that and supervisory, inspection, architectural or property. All such loss of use shall be engineering activities. deemed to occur at the time of the 7. CONTRACTUAL LIABILITY FOR PERSONAL AND physical injury that caused it; ADVERTISING INJURY b. Loss of use of tangible property that is not Under SECTION I — COVERAGE B —PERSONAL physically injured. All such loss of use shall be deemed to occur at the time of AND ADVERTISING INJURY LIABILITY, Paragraph 2. the 'occurrence' that caused it; or Exclusions is amended to delete exclusion e. Contractual Liability. c. Loss of, loss of use of, damage to, This to an 7. does not provision apply py person or corruption of inability to access, or inability to properly manipulate 'electronic organization who otherwise qualifies as an additional data,' resulting from physical injury to insured on this Coverage Part. tangible property. All such loss of $ 8. ELECTRONIC DATA LIABILITY 8 'electronic data' shall be deemed to occur at the time of the 'occurrence' that A. Under SECTION I — COVERAGE A — BODILY caused it. INJURY AND PROPERTY DAMAGE, Paragraph 2. Exclusions is amended to delete exclusion p. For the purposes of this insurance, 'electronic Ekw*onlc Data and replace it with the following: data' is not tangible property. [This Insurance does not apply to:] E. If Electronic Data Liability is provided at a higher limit by another endorsement attached to this p• Electronic Data policy, then the $100,000 limit provided by this Damages arising out of the loss of, loss of use of, Provision 8. Electronic Data Liability is part of, damage to, corruption of, inability to access, or and not in addition to, that higher limit. Inability to manipulate 'electronic data' that does g- EXPANDED PERSONAL AND ADVERTISING not result from physical injury to tangible property. INJURY - DISCRIMINATION OR HUMILIATION However, this exclusion does not apply to liability A. SECTION V — DEFINITIONS is amended to add for damages because of 'bodily injury.' the following to the definition of 'Personal and B. The following paragraph is added to SECTION III advertising injury': � — LIMITS OF INSURANCE: h. Discrimination or humiliation that results in Subject to 5. above, $100,000 is the most we will injury to the feelings or reputation of a natural .. pay under Coverage A for all damages arising out person, but only if such discrimination or of any one 'occurrence' because of 'property humiliation is: damage' that results from physical injury to (1) Not done intentionally by or at the tangible property and arises out of 'electronic direction of: data.' C. The following definition is added to the SECTION C. The insured; or _— V— DEFINITIONS: (b) Any 'executive officer,' director, stockholder, partner, member or G-18652-J (Ed. 07112) Page 5 of 11 Copyright, CNA All Rights Reserved. .manager,(if you area limited liability company) of the insured; and (2) Not directly or indirectly related to the employment, prospective employment, past employment or termination of employment of any person or persons by any insured. B. Under SECTION I —COVERAGE B —PERSONAL AND ADVERTISING INJURY LIABILITY, Paragraph 2. Exclusions is amended to add the following additional exclusions: [This insurance does not apply to:] Discrimination Relating To Room, (Dwelling or Premises 'Personal or advertising injury' caused by discrimination directly or indirectlyrelated to the.sale, rental, lease or sub -lease or prospective sale, rental, lease or sub -lease of any room, dwelling or premises by or at the direction of any insured. Fines Or Penalties Fines or penalties levied or imposed by a governmental entity because of discrimination. This provision 9. does not apply to any person or organization who otherwise qualifies as an additional insured on this Coverage Part. 10. EXPECTED OR INTENDED INJURY Under SECTION I — COVERAGE A — BODILY INJURY AND PROPERTY DAMAGE LIABILITY, Paragraph 2. Exclusions is amended to delete exclusion a. Expected or Intended Injury and replace it with the following: [This insurance does not apply to:] a. Expected or Intended Injury G-18652-J (Ed. 07/12) 'property damage' included in the 'products -completed operations hazard'; and 2. All medical expenses under Coverage C, that arise from 'occurrences' or accidents which can be attributed solely to ongoing operations at that construction project. Such payments shall not reduce the General Aggregate Limit shown in the Declarations, nor the Construction Project Aggregate Limit of any other construction project. B. All: 1. Damages under Coverage 8, regardless of the number of locations or construction projects involved; 2. Damages under Coverage A, caused by 'occurrences' which cannot be attributed solely to ongoing operations at a single construction project, except damages because of 'bodily injury' or 'property damage' included in the 'products -completed operations hazard'; and 3. Medical expenses under Coverage C caused by accidents which cannot be attributed solely to ongoing operations at a single construction project, will reduce the General Aggregate Limit shown in the Declarations. C. The limits shown' in the Declarations for Each Occurrence, for Damage To Premises Rented To You and for Medial Expense continue to apply, but will be subject to either the Construction Project Aggregate Limit or the General Aggregate Limit, depending on whether the 'occurrence' can be attributed solely to ongoing operations at a particular construction project. 'Bodily injury' or 'property damage' expected D. or intended from the standpoint of the insured. This exclusion does not apply to 'bodily injury' or 'property damage' resulting from the use of reasonable force to protect persons or property. 11. GENERAL AGGREGATE LIMITS OF INSURANCE - PER PROJECT A. For each construction project away from premises you own or rent, a separate Construction Project General Aggregate Limit, equal to the amount of the General Aggregate Limit, is the most we will pay for the sum of: 1. All damages under Coverage A, except damages because of 'bodily injury' or G-18652-J (Ed. 07/12) Page 6 of 11 When coverage for liability arising out of the 'products -completed operations hazard' is provided, any payments for damages because of 'bodily injury' or 'property damage' included in the 'products -completed . operations hazard,' regardless of the number of .locations involved will reduce the Products -Completed Operations Aggregate Limit shown in the Declarations. E. If a single construction project away from premises owned by or rented to the insured has been abandoned and then restarted, or if the authorized contracting parties deviate from plans, blueprints, designs, specifications or timetables, the project will still be deemed to be the same construction project. Copyright, CNA Ail Rights Reserved. F. The provisions of SECTION III — LIMITS OF INSURANCE not otherwise modified by this endorsement shall continue to apply as stipulated. 12. IN REM ACTIONS Any action in rem against any.vessel owned or operated by or for you, or chartered by or for you will be treated in the same manner as though the action were in personam against you, In rem is a term used to designate actions instituted against the thing, as distinct from actions against the person, which are said to be in personam. I& INCIDENTAL HEALTH CARE MALPRACTICE COVERAGE A. With respect only to 'bodily injury' that arises out of a 'health care incident,' COVERAGE A — BODILY INJURY AND PROPERTY DAMAGE LIABILITY OF SECTION 1 - COVERAGES is amended to replace Insuring Agreement Paragraphs 1 b.(1) and 1.b.(2) with the following: b. This insurance applies to 'bodily injury' only if you are not in the business of providing professional. health care services, and only if: (1) The 'bodily injury' is caused by an 'occurrence' that takes place in the 'coverage territory.' For the purpose of 0 this insurance: S (a) 'Bodily injury' caused by a 'health care incident' will be considered caused by an 'occurrence'; and (b) All acts, errors or omissions that are logically connected by any common fact, circumstance, situation, . transaction, event, advice or decision will be considered to constitute a single 'occurrence'; . (2) The 'bodily injury' occurs during the policy period. All 'bodily injury' arising from an 'occurrence' will be deemed to have occurred at the time of the first act, error, or omission that is part of the 'occurrence'; and B. With respect only to the insurance provided by this Provision 13., Exclusion 2.e. Employer's Liability of SECTION I — COVERAGE A — BODILY INJURY AND PROPERTY DAMAGE, is amended to append the following: Only for 'bodily injury' not covered by other i� liability insurance (including state -sanctioned self insurance) available to the insured (or which would be available but for exhaustion of its limits), this exclusion does not apply to 'bodily injury' that ME ME arises out of a'health care incident.' G-18652-J (Ed. 07/12) Page 7 of 11 G-18652.J (Ed. 07/12) C. SECTION V — DEFINITIONS is amended to -add the following new definition: 'Health care incident' means a negligent act, error or omission by your 'employees` or 'volunteer workers' working on your behalf in the rendering of or failure to render professional health care services in arty of the following capacities, or the related furnishing of food, beverages, medical supplies or appliances: a.' Physician; b. Nurse; c. Emergency medical technician; d. Paramedic; e. Chiropractor; f. Dentist; g. Athletic trainer; h. Audiologist; 1. Physical therapist; j. Psychologist; k. Speech therapist; I. Other allied health professional; or m. Provider of first aid or Good Samaritan services rendered in an emergency and for which no payment is demanded or received. D. SECTION I — COVERAGE A — BODILY INJURY AND PROPERTY DAMAGE, Paragraph 2. Exclusions is amended to add the following additional exclusions. These new exclusions apply only to this Incidental Health Care Malpractice Coverage: (This insurance does not apply to:] Dishonesty or Crime Any dishonest, criminal or malicious act, error or omission. Clinical Trials / Product Testing Acts, errors or omissions that occur in the course of human clinical trials or product testing. Medicare/Medicaid Fraud Medicare or Medicaid fraud or abuse, Services Exckided by Endorsement Any 'health care incident' for which coverage is excluded by endorsement. E. SECTION V — DEFINITIONS is amended to add the following subparagraph to Paragraph f. of the definition of 'insured contract': Copyright, CNA All Rights Reserved. Paragraph f. does not include that part of any contract or agreement: (4) Under which you assume another's tort liability for 'bodily injury' arising out. of the rendering of or failure to render professional health care services. F. SECTION II — WHOIS AN INSURED Is amended to add the following provisions: 1. Your 'employees' are insureds with respect to: a. - 'bodily injury' to a co -employee" while in the course of the co -'employee's' employment by you or while performing duties related to the conduct of your business; and b. 'bodily injury' to a 'volunteer worker' while performing duties related to the conduct of your business; . when such Obodily injury' arises out of a 'health care incident.' 2. Your 'volunteer workers' are insureds with respect to: a. 'bodily injury' to a co -`volunteer worker' while performing duties related to the conduct of your business; and b. 'bodily injury' to an 'employee' while in the course of the 'employee's' employment by you or while performing duties related to the conduct of your business; when such 'bodily injury' arises out of a 'health rare incident.' 3. Paragraphs 2.a. (1xa), (b) and (c) of SECTION II — WHO IS AN INSURED do not apply to 'bodily injury' for which insurance is provided this Provision 13. 4. Paragraph 2.a41)(d) of SECTION II = WHO IS AN INSURED is deleted. G. With respect to the insurance provided by this Provision 13., the following is added to Paragraph 4.b.(1) of SECTION IV — COMMERCIAL GENERAL LIABILITY CONDITIONS: To the extent this insurance applies, it is excess over any of the other insurance (including qualified self insurance), whether primary, excess, contingent or on any other basis, except for insurance purchased specifically by you to be excess of this policy. 14. JOINT VENTURES / PARTNERSHIP / LIMITED LIABILITY COMPANIES G-18652-J (Ed. 07/12) Page 8 of 11 G-18652-J (Ed. 07/12) A. The following is added to SECTION 11— WHO IS AN INSURED: 4. You are an insured when you had an fnterest - in a joint venture, partnership or limited liability company which -terminated or ended prior to or during this policy period, but only to the extent of- your Interest in such joint venture, partnership or limited , (lability company. This coverage does not apply: a. Prior to the termination date of any .joint venture, partnership or limited liability company; b. If there is other valid and collectible insurance purchased specifically to insure the partnership, joint venture or limited liability company; or c. To a joint venture, partnership or limited liability company which Is or was insured under a 'consolidated (wrap-up) insurance program.' [Please see Item 26.C. of this endorsement for the definition of 'consolidated (wrap-up) program.? B. The last paragraph of SECTION II — WHO IS AN INSURED is deleted and replaced by the following: Except as provided under the Contractors' General Liability Extension Endorsement or by the attachment of another endorsement (H any), no person or organization is an insured with. respect to the conduct of any current or past partnership, joint venture or limited liability company that is not shown as a Named Insured in the Declarations. 15. LEGAL LIABILITY/ALIENATED PREMISES/ BORROWED EQUIPMENT A. Under .SECTION 1 — COVERAGE A — BODILY INJURY AND PROPERTY DAMAGE, Paragraph 2. Exclusions is amended to delete exclusion ). Damage to Property in its entirety and replace it with the following: [This insurance does not apply to:] [. Damage to Property 'Property damage' to: (1) Property you own, rent, or occupy; (2) Premises you sell, give away or abandon, if the 'property damage' arises out of any part of those premises; (3) Property loaned to you; (4) Personal property in the care, custody or control of the insured; Copyright, CNA All Rights Reserved. m S S (5) That particular part of real property on which you or any contractors or subcontractors working directly or indirectly on your behalf are performing D. operations, if the 'property damage' arises out of those operations; or (6) That particular part of any property that must be restored, repaired or replaced because 'your work' was incorrectly performed on it. Paragraph (2) of this exclusion does not apply if the premises are 'your work.' Paragraphs (3) and (4) of this exclusion do not apply to 'property damage' to tools or equipment loaned to you. A separate limit of insurance applies to such tools or equipment that are damaged while being used in your operations. Paragraphs (1), (3) and (4) of this exclusion do not apply to 'property damage' (other than damage by fire) to premises rented to you or temporarily occupied by you with the permission of the owner, or to the contents of premises rented to you for a period of 7 or fewer consecutive days. A separate limit of insurance applies to Damage To Premises Rented To You as described in SECTION III — LIMITS OF INSURANCE. Paragraphs (3), (4), (5) and (6) of this exclusion do not apply to liability assumed under a sidetrack agreement. Paragraph (6) of this exclusion does not apply to 'properly damage' included in the 'products -completed operations hazard.' B. Under SECTION 1 — COVERAGE A — BODILY INJURY AND PROPERTY DAMAGE the fast paragraph of Paragraph 2. Exclusions is deleted and replaced by the following. Exclusions c. through n. do not apply to damage by fire to premises while rented to you or temporarily occupied by you with permission of the owner nor to the contents of premises rented to you for a period of 7 or fewer consecutive days. A separate limit of insurance applies to this coverage as described in SECTION III — LIMITS OF INSURANCE. C. The following paragraph is added to SECTION III — LIMITS OF INSURANCE: G-18652-J (Ed. 07/12) others that occurs while the equipment is being used to perform operations. Paragraph 6. Damage To Premises Rented To You Limit of SECTION III — LIMITS OF INSURANCE is replaced by the following: 6. Subject to Paragraph 5. above, (the Each Occurrence Limit), the Damage To Premises Rented To You Limit is the most we will pay under SECTION — 1 — COVERAGE A for damages because of 'property damage' to any one premises while rented to you or temporarily occupied by you with the permission of the owner, including contents of such premises rented to you for a period of 7 or fewer consecutive days. The Damage To Premises Rented To You Limit is the greater of: a. $500,000; or b. The Damage To Premises Rented To You Limit shown in the Declarations, E. Paragraph 4.b.(1Xaxil) of SECTION IV — COMMERCIAL GENERAL LIABILITY CONDITIONS is deleted and replaced by the following: (t7 That is property insurance for premises rented to you, for premises temporarily occupied by you with the permission of the owner; or for personal property of others in your care, custody or control; F. This Provision 15. does not apply If Damage To Premises Rented To You Liability under SECTION — I — COVERAGE A is excluded by endorsement. 16. LIBERALIZATION CLAUSE If we adopt a change in our forms or rules which would broaden coverage for contractors under this endorsement without an additional premium charge, your policy will automatically provide the additional coverage as of the date the revision is effective in your state. 17. LIQUOR LIABILITY Under SECTION I — COVERAGE A — BODILY INJURY AND PROPERTY DAMAGE, Paragraph 2. Exclusions is amended to delete exclusion c. Lk1wr Liabllity. This provision 17. does not apply to any person or organization who otherwise qualifies as an additional insured on this Coverage Part. Subject to 5. above, $25,000 is the most we will 18. MEDICAL PAYMENTS pay under Coverage A for damages arising out of any one 'occurrence' because of 'property A. Paragraph 7. Medical Expense Limit, of SECTION damage' to tools or equipment loaned to you by III — LIMITS OF INSURANCE is deleted and replaced by the following: G-18652-J (Ed. 07/12) Page 9 of 11 Copyright, CNA AN Rights Reserved. 7. Subject to Paragraph S. above (the Each Occurrence Limit), the Medical Expense Limit is the most we will pay under SECTION —1— COVERAGE C for all medical expenses because of 'bodily Injury' sustained by any one person. The Medical Expense Limit is the greater of: (1) $15,000; or (2) The amount shown in the Declarations for Medical Expense Limit. B. Paragraph 1.a43)(by of SECTION I — COVERAGE C MEDICAL PAYMENTS, is replaced by the following: (b) The expenses are incurred and reported to us within three years of the date of the accident; and This paragraph B. does not apply to medical expenses incurred in the state of Missouri. 19. NON -OWNED AIRCRAFT Under SECTION I — COVERAGE A — BODILY INJURY AND PROPERTY. DAMAGE LIABILITY. Paragraph 2. Exclusions -Is amended such that exclusion g. Aircraft, Auto or Watercraft does not apply to an aircraft you do not own, provided that: 1.. The pilot in command holds a currently effective certificate issued by the duly"constituted authority of the United States of America or Canada, designating that person as a commercial or airline transport pilot; 2. The aircraft is rented to you with a trained, paid crew; and 3.:;Xhe aircraft does not transport persons or cargo for. a charge. 20. NON -OWNED WATERCRAFT Under SECTION I — COVERAGE A -- BODILY INJURY AND PROPERTY DAMAGE LIABILITY, Paragraph 2. Exclusions is amended to delete subparagraph (2) of exclusion g. Aircraft, Auto or Watercraft and replace it with the following. [This exclusion does not apply to:] (2) A watercraft you do not own that is: (a) Less than 75 feet long; and (b) Not being used to carry persons or property for a charge. 21. PRIMARY AND NON-CONTRIBUTORY TO OTHER INSURANCE With respect to any person or organization that Is an additional insured under this Coverage Part, the G-18652-J (Ed, 07/12) Page 10 of 11 G-18652-1 (Ed. 07112) following is added to Paragraph 4. of SECTION IN — COMMERCIAL GENERAL LIABILITY CONDITIONS: If you have agreed in writing in a contractor agreementthat this insurance is primary and non- contributory relative to an additional insureds own insurance, then this insurance is primary and we will not seek contribution from that other insurance. For the purpose of this Provision 21., the additional insureds own insurance means insurance on which the additional insured is a Named Insured. This Provision 21. does not apply in situations where the endorsement on this policy affording coverage to the additional insured specifies that this insurance is, excess over any other insurance available to that additional insured. 22. PROPERTY DAMAGE —ELEVATORS A. Under SECTION .1 — COVERAGE A — BODILY INJURY AND PROPERTY DAMAGE, Paragraph 2. Exclusions is amended such that exclusion k. Damage to Your Product, and subparagraph (3), (4) and (6) of exclusion j- Damage to Property do not apply, 'property damaga' that results. from the use of elevators. B. With respect only to the coverage provided by this endorsement, Condition 4. Other Insurance in SECTION IV — COMMERCIAL GENERAL LIABILITY CONDITIONS Is amended to add the following subparagraph b.(lxaxv): 4. Other Insurance b. :Excess Insurance (1) This Insurance is excess over. (a) Any of the other insurance, whether primary, excess, contingent or on any other basis: (v) That is Property Irlsuranoe covering property of others damaged from the use of elevators. 23. SUPPLEMENTARY PAYMENTS A. Under Section I — Supplementary Payments — Coverages A and B, Paragraph 1b., the limit of $250 shown for the cost of bail bonds is replaced by $5,000: B. In Paragraph 1.d., the limit of $250 shown for daily loss of earnings is replaced by $1,000. 24. UNINTENTIONAL FAILURE TO DISCLOSE HAZARDS If unintentionally you should fail to disclose all existing hazards at the inception date of your policy, we will not deny coverage under this Coverage Part because of such failure. Copyright, CNA All Rights Reserved. 26. WAIVER OF SUBGROGATION - BLANKET Under SECTION IN — COMMERCIAL GENERAL LIABILITY CONDITIONS, The Transfer Of Rights Of Recovery Against Others To Us Condition is amended by the addition of the following: We waive any right of recovery we may have against any person or organization because of payments we make for injury or damage arising out of: 1. Your ongoing operations; or 2. 'Your work' included in the 'products completed operations hazard.' However, this waiver applies only when you have agreed in writing to waive such rights of recovery in a contract or agreement, and only H the contract or agreement: 1. Is in effect or becomes effective during the term of this policy; and 2. Was executed prior to loss. 26. WRAP-UP EXTENSION: OWNER CONTROLLED INSURANCE PROGRAM, CONTRACTOR CONTROLLED INSURANCE PROGRAM OR CONSOLIDATED (WRAP-UP) INSURANCE PROGRAMS Note: The following provision does not apply to any public construction project in the state of Oklahoma, nor to any construction project in the state of Alaska, that is not permitted to be insured under a 'consolidated (wrap-up) insurance program' by applicable state statute or regulation: If the endorsement EXCLUSION — CONSTRUCTION WRAP-UP or another exclusionary endorsement pertaining to Owner Controlled Insurance Programs (O.C.I.P.) or Contractor Controlled Insurance Programs (C.C.I.P.) is attached to this policy, then the following changes apply: A. The following wording is added to the endorsement: With respect to a'consolidated (wrap-up) insurance program' project in which you are or were involved, this exclusion does not apply to those sums you become legally obligated to pay as damages because of: 1. 'Bodily injury,' 'property damage,' or 'personal or advertising injury' that occurs during your ongoing operations at the project, All other terms and conditions of the Policy remain unchanged. G-18652-J (Ed. 07/12) Page 11 of 11 G-18652-J (Ed. 07112) or during such operations of anyone acting on your behalf; nor 2. 'Bodily Injury' or 'property damage' included within the 'products -completed operations hazard' that arises out of those portions of the project that are not Iresidential structures.' B. SECTION IV — COMMERCIAL GENERAL LIABILITY CONDITIONS is amended to add the following subparagraph 4.b.(1xc) to Condition 4. Other Insurance: [This insurance is excess over:] (c) Any of the other insurance whether primary, excess, contingent or any other basis that is insurance available to you as a result of your being a participant in a 'consolidated (wrap- up) insurance program,' but only as respects your involvement in that 'consolidated (wrap- up) insurance program.' C. SECTION V — DEFINITIONS is amended to add the following definition: 'Consolidated (wrap-up) insurance program' means a construction, erection or demolition project for which the prime contractor/project manager or owner of the construction project has secured general liability insurance covering some or all of the contractors or subcontractors involved in the project, such as an Owner Controlled Insurance Program (O.C.I.P.) or Contractor Controlled Insurance Program (C.C.I.P.). 'Residential structure' means any structure where 30% or more of the square foot area is used or is intended to be used for human residency Including but not limited to single or multifamily housing, apartments, condominiums, townhouses, co- operatives or planned unit developments and also includes their common areas and/or appurtenant structures (including pools, hot tubs, detached garages, guest houses or any similar structures). When there is no individual ownership of units, residential structure does not include military housing, college/university housing or dormitories, long term care facilities, hotels, or motels. Residential structure also does not include hospitals or prisons. This provision 26. does not apply to any person or organization who otherwise qualifies as an additional insured on this Coverage Part. Material used with permission of ISO Properties, Inc Copyright, CNA Ali Rights Reserved. 1 CERTIFICATE OF INSURANCE TO: CITY OF LUBBOCK DATE: P.O. BOX 2000, Room 204 LUBBOCK, TX 79457 TYPE OF PROJECT: THIS IS TO CERTIFY THAT (Name and Address of Insured) is, at the date of this certificate, insured by this Company with respect to the business operations hereinafter described, for the typed of insurance and in accordance with the provisions of the standard policies used by this company, the further hereinafter described. Exceptions to standard policy noted hereon. TYPE OF INSURANCE POLICY NUMBER EFFECTIVE EFFECTIVE LIMITS DATE DATE GENERAL LIABILITY Commercial General Liability General Aggregate $ Claims Made Products-Comp/Op AGG $ Occurrence Personal & Adv. Injury $ Owner's & Contractors Protective Each Occurrence $ ❑ Fire Damage (Any one Fire) $ Med Exp (Any one Person) $ AUTOMOTIVE LIABILITY Any Auto Combined Single Limit $ All Owned Autos Bodily Injury (Per Person) $ Scheduled Autos Bodily Injury (Per Accident) $ Hired Autos Property Damage $ Non -Owned Autos GARAGE LIABILITY Any Auto Auto Only - Each Accident $ Other than Auto Only: Each Accident $ Aggregate $ BUILDER'S RISK 100% of the Total Contmct Price $ INSTALLATION FLOATER $ EXCESS LIABILITY Umbrella Form Each Occurrence $ Aggregate $ Other Than Umbrella Form $ WORKERS COMPENSA TION AND EMPLOYERS' LIABILITY The Proprietor/ Included Statutory Limits Partners/Executive Excluded Each Accident $ Offices are: Disease Policy Limit $ Disease -Each Employee $ OTHER The above policies either in the body thereof or by appropriate endorsement provide that they may not be changed or canceled by the insurer in less than the legal time required after the insured has received written notice of such change or cancellation, or in case there is no legal requirement, in less than five days in advance of cancellation. FIVE COPIES OF THE CERTIFICATE OF INSURANCE (Name of Insurer) MUST BE SENT TO THE CITY OF LUBBOCK By: Title: The Insurance Certificates Furnished shall name the City of Lubbock as Additional Insured on Auto /General Liability and provide a Waiver of Subrogation in favor of the City of Lubbock. IT SHALL BE THE CONTRACTOR'S. THE ADDITIONAL INSURED ENDORSEMENT SHALL INCLUDE PRODUCTS AND COMPLETE OPERATIONS. t CONTRACTORCHECKLIST A CONTRACTOR SHALL: (1) provide coverage for its employees providing services on a project, for the duration of the project based on proper reporting of classification codes and payroll amounts and filling of any coverage agreements; (2) provide a certificate of coverage showing workers' compensation coverage to the governmental entity prior to beginning work on the project; (3) provide the governmental entity, prior to the end of the coverage period, a new certificate of coverage showing extension of coverage, if the coverage period shown on the contractor's current certificate of coverage ends during the duration of the project; (4) obtain from each person providing services on a project, and provide to the governmental entity: (A) a certificate of coverage, prior to that person beginning work on the project, so the governmental entity will have on file certificates of coverage showing coverage for all persons providing services on the project; and (B) no later than seven days after receipt by the contractor, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (5) retain all required certificates of coverage on file for the duration of the project and for one year thereafter; (6) notify the governmental entity in writing by certified mail or personal delivery, within ten (10) days after the contractor knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project; (7) post a notice on each project site informing all persons providing services on the project that they are required to be covered, and stating how a person may verify current coverage and report failure to provide coverage. This notice does not satisfy other posting requirements imposed by the Act or other commission rules. This notice must be printed in at least 19-point normal type, and shall be in both English and Spanish and any other language common to the worker population. The text for the notices shall be the following text provided by the commission on the sample notice, without any additional words or changes: PROOF OF COVERAGE SHALL BE FURNISHED TO THE CITY OF LUBBOCK IN THE FORM OF A CERFICATE OF INSURANCE ALONG WITH A COPY OF THE ADDITIONAL INSURED ENDORSEMENT. THE INSURANCE CERTIFICATES FURNISHED SHALL NAME THE CITY OF LUBBOCK AS A ADDITIONAL INSURED ON AUTO/GENERAL LIABILITY ON A PRIMARY AND NON CONTRIBUTORY BASIS TO INCLUDE PRODUCT-COMP/OP AND PROVIDE A WAIVER OF SUBROGATION IN FAVOR OF THE CITY OF LUBBOCK AS REQUIRED BELOW, OR IN THE ALTERNATIVE, SHALL BE ACCOMPANIED BY A STATEMENT FROM THE CONTRACTOR TO THE EFFECT THAT NO WORK ON THIS PARTICULAR PROJECT SHALL BE SUBCONTRACTED. IT SHALL BE THE CONTRACTOR'S RESPONSIBILITY TO PROVIDE TO THE OWNER ALL PROOF OF COVERAGE INSURANCE DOCUMENTS INCLUDING WORKER'S COMPENSATION COVERAGE FOR EACH SUBCONTRACTOR. THE ADDITIONAL INSURED ENDORSEMENT SHALL INCLUDE PRODUCTS AND COMPLETE OPERATIONS. 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 512-305-7238 to receive information on the legal requirement for coverage, to verify whether your employer has provided the required coverage, or to report an employer's failure to provide coverage." and (8) contractually require each person with whom it contracts to provide services on a project, to: (A) provide coverage based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements for all of its employees providing services on the project, for the duration of the project; (B) provide a certificate of coverage to the contractor prior to that person beginning work on the project; (C) include in all contracts to provide services on the project the language in subsection (e) (3) of this rule; (D) provide the contractor, prior to the end of the coverage period, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (E) obtain from each other person with whom it contracts, and provide to the contractor: (i) a certificate of coverage, prior to the other person beginning work on the project; and (ii) prior to the end of the coverage period, a new certificate of coverage showing extension of the coverage period, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (F) retain all required certificates of coverage on file for the duration of the project and for one year thereafter; (G) notify the governmental entity in writing by certified mail or personal delivery, within (ten) 10 days after the person knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project; and (H) contractually require each other person with whom it contracts, to perform as required by paragraphs (A) - (H), with the certificate of coverage to be provided to the person for whom they are providing services. 1 Paee Intentionally Left Blank i CONTRACT Pale Intentionally Left Blank Contract 12060 STATE OF TEXAS COUNTY OF LUBBOCK THIS AGREEMENT, made and entered into this 4th day of December , 2014, 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 Deerwood Construction, Inc. of the City of Lubbock, County of Lubbock and the State of Texas hereinafter termed CONTRACTOR. WITNESSETH: That for and in consideration of the payments and agreements hereinafter mentioned, to be made and performed by the OWNER and under the conditions expressed in the bond bearing even date herewith (if any) the CONTRACTOR hereby agrees with OWNER to commence and complete the construction of certain improvements described as follows: j, ITB 15-12060-TS Downtown Redevelopment Phase II Project and all extra work in connection therewith, under the terms as stated in the contract documents and at his (or their) own proper cost and expense to furnish all materials, supplies, machinery, equipment, tools, superintendence, labor, insurance and other accessories and services necessary to complete the said construction in accordance with the contract documents as defined in the General Conditions of Agreement. Deerwood Construction, Inc's bid dated November 4, 2014 is incorporated into and made a part of this agreement. The CONTRACTOR hereby agrees to commence work within ten days after the date written notice to do so shall have been given to him and to substantially complete same within the time specified in the contract documents. The OWNER agrees to pay the CONTRACTOR in current funds for the performance of the contract in accordance with the bid submitted therefore, subject to additions and deductions, as provided in the contract documents and to make payment on account thereof as provided therein. IN WITNESS WHEREOF, the parties to these presents have executed this agreement in Lubbock, Lubbock County, Texas in the year and day first above written. CONTRACTOR: COMPLETE ADDRESS: Company e At Address City, State, Zip a✓ ATTEST: Corp ate Secretary CITY OF LUBB CK, (OWNER): By: Glen . ,obe son, Mayor ATTEST: ReTectGarza, City Secretary APPROVED elch, P.E., Agistant City Engineer ood Frginkyh P.E., OW 'WeXTA. . . Page Intentionally Left Blank GENERAL CONDITIONS OF THE AGREEMENT Pate Intentionally Left Blank GENERAL CONDITIONS OF THE AGREEMENT [" I. 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 Deerwood Construction Inc who has agreed to perform the work embraced in this contract, or their legal representative. 3. OWNER'S REPRESENTATIVE Whenever the word Owner's Representative or representative is used in this contract, it shall be understood as referring to, City of Lubbock, or its representative Neil Welch, P.E., Assistant City Engineer, so designated who shall inspect constructions; or to such other representatives, supervisors, architects, engineers, or inspectors as may be authorized by said Owner to act in any particular manner under this agreement. Engineers, supervisors or inspectors shall act for the Owner under the direction of Owner's Representative, but shall not directly supervise the Contractor or persons acting on behalf of the Contractor. 4. CONTRACT DOCUMENTS The contract's documents shall consist of the Notice to Bidders, General Instructions to Bidders, Bid, Signed Agreement, Statutory Bonds (if required), General Conditions of the Agreement, Special Conditions of the Agreement (if any), Specifications, Plans, Insurance Certificates, and all other documents made available to Bidder for inspection in accordance with the Notice to Bidders. The above described materials are sometimes referred to herein as the "contract" or "contract documents". 5. INTERPRETATION OF PHRASES Whenever the words "Directed," "Permitted," "Designated," "Required," "Considered Necessary," "Prescribed," or words of like import are used, it shall be understood that the direction, requirement, permission, order, designation or prescription of the Owner's Representative is intended; and similarly, the words "Approved," "Acceptable," "Satisfactory," or words of like import shall mean approved by or acceptable or satisfactory to the Owner's Representative. 6. SUBCONTRACTOR The term Subcontractor, as employed herein, includes only those having a direct contract with the Contractor for 1 performance of work on the project contemplated by these contract documents. Owner shall have no responsibility to any Subcontractor employed by Contractor for performance of work on the project contemplated by these contract documents, but said Subcontractors shall look exclusively to Contractor for any payments due Subcontractor. The City reserves the right to approve or disapprove the selection of any subcontractor(s). 7. WRITTEN NOTICE Written notice shall be deemed to have been duly served if delivered in person to the individual or to a member of the firm or to an Office of the corporation for whom it is intended, or if delivered at or sent certified mail to the last business address known to the party who gives the notice. r_., CONTRACTOR'S RESPONSIBILITIES Unless otherwise stipulated, the Contractor shall provide and pay for all materials, supplies, machinery, j equipment, tools, superintendence, labor, insurance, and all water, light, power, fuel, transportation and all other l facilities necessary for the execution and completion of the work covered by the contract documents. Unless otherwise specified, all materials shall be new and both workmanship and materials shall be of a good quality. The Contractor shall, if required, furnish satisfactory evidence as to the kind and quality of materials. Materials or work described in words which so applied have well known, technical or trade meaning shall be held to refer such recognized standards. All work shall be done and all materials furnished in strict conformity with the contract documents. 9. SUBSTANTIALLY COMPLETED The term "Substantially Completed" is meant that the structure or project contemplated by the contract documents has been made suitable for use or occupancy or the facility is in a condition to serve its intended purpose, but still may require minor miscellaneous work and adjustment. 10. LAYOUT Except as specifically provided herein, the Contractor shall be responsible for laying out all work and shall accomplish this work in a manner acceptable to the Owner's Representative. The Owner's Representative shall check the Contractor's layout of all major structures and any other layout work done by the Contractor at Contractor's request, but this check does not relieve the Contractor of the responsibility of correctly locating all work in accordance with the Plans and Specifications. 11. KEEPING OF PLANS AND SPECIFICATIONS ACCESSIBLE The Contractor shall be furnished copies of all Plans and Specifications without expense to Contractor and Contractor shall keep one copy of same consistently accessible on the job site. -- 12. RIGHT OF ENTRY The Owner's Representative may make periodic visits to the site to observe the progress or quality of the executed work and to determine, in general, if the work is proceeding in accordance with the contract documents. Owner's Representative shall not be required to make exhaustive or continuous onsite inspections to check the quality or quantity of the work, nor shall Owner's Representative be responsible for the construction means, methods, techniques, sequences or procedures, or the safety precautions incident thereto. Notwithstanding the Owner's Representative's rights of entry hereunder, the Owner's Representative shall not be responsible for the Contractor's failure to perform the work in accordance with the Contract Documents. 13. LINES AND GRADES All lines and grades shall be furnished whenever Owner's Representative deems said lines and grades are necessary for the commencement of the work contemplated by these contract documents or the completion of the work contemplated by these contract documents. Whenever necessary, Contractor shall suspend its work in order to permit Owner's Representative to comply with this requirement, but such suspension shall be as brief as practical and Contractor shall be allowed no extra compensation therefore. The Contractor shall give the Owner's Representative ample notice of the time and place where lines and grades are needed. All stakes, marks, etc., shall be carefully preserved by the Contractor, and in case of careless destruction or removal by Contractor, its Subcontractors, or its employees, such stakes, marks, etc., shall be replaced by the Owner's Representative at Contractor's expense. 2 14. OWNER'S REPRESENTATIVE'S AUTHORITY AND DUTY Unless otherwise specified, it is mutually agreed between the parties to this Agreement that the Owner's Representative has the authority to review all work included herein. The Owner's Representative has the authority to stop the work whenever such stoppage may be necessary to ensure the proper execution of the contract. The Owner's Representative shall, in all cases, determine the amounts and quantities of the several kinds of work which are to be paid for under the contract documents, and shall determine all questions in relation to said work and the construction thereof, and shall, in all cases, decide every question which may arise relative to the execution of this contract on the part of said Contractor. The decision of the Owner's Representative shall be conclusive in the absence of written objection to same delivered to Owner's Representative within fifteen (15) calendar days of any decision or direction by Owner's Representative. In the absence of timely written objection by Contractor, as provided herein, any and all objection or objections shall be deemed waived. 15. SUPERINTENDENCE AND INSPECTION It is agreed by the Contractor that the Owner's Representative shall be and is hereby authorized to appoint from time to time such subordinate engineers, supervisors, or inspectors as the said Owner's Representative may deem proper to inspect the materials furnished and the work done under this Agreement, and to see that said material is furnished and said work is done in accordance with the specifications therefore. The Contractor shall furnish all reasonable aid and assistance required by the subordinate engineers, supervisors or inspectors for the proper inspection and examination of the work. The Contractor shall regard and obey the directions and instructions of any subordinate engineers, supervisors or inspectors so appointed, when such directions and instructions are consistent with the obligations of this Agreement and accompanying plans and specifications provided, however, should the Contractor object to any orders by any subordinate engineer, supervisor or inspector, the Contractor may within fifteen (15) calendar days make written appeal to the Owner's Representative for its decision. In the absence of timely written objection by Contractor, as provided herein, any and all objection or objections shall be deemed waived. l . 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 Office, agent, or employee of the Owner, or Owner's Representative either before or after the execution of this contract, shall affect or modify any of the terms or obligations herein contained. Subject to the rights of Owner as set forth in Paragraph 23 hereof, all modifications and/or amendments to the contract documents, shall be in writing, and executed by Owner's Representative and Contractor. Unless otherwise specified herein, all loss, expense or damage to Contractor arising out of the nature of the work to be done, or from the action of the elements, or from any unforeseen circumstance and the prosecution of the work, shall be sustained and borne by the Contractor at its own cost and expense. 18. CHARACTER OF WORKERS The Contractor agrees to employ only orderly and competent workers, skillful in the performance in the type of work required under this contract, to do the work; and agrees that whenever the Owner's Representative shall inform Contractor in writing that any man or men on the work, are, in Owner's Representative's sole opinion, incompetent, unfaithful, disorderly, or otherwise unacceptable to Owner or Owner's Representative, such man or men shall be discharged from the work and shall not again be employed on the work without the Owner's Representative's written consent. 19. CONSTRUCTION PLANT The Contractor shall provide all labor, tools, equipment, machinery and materials necessary in the prosecution and completion of this contract where it is not otherwise specifically provided that Owner shall furnish same, and it is also understood that Owner shall not be held responsible for the care, preservation, conservation, or protection of any materials, tools, equipment or machinery or any part of the work until it is finally completed and�� accepted. The building of structures for the housing of men or equipment are permitted only at such places as the Owner's Representative shall consent or direct, and the sanitary conditions of the grounds in or about such structure shall at all times be maintained in a manner satisfactory to the Owner's Representative. 20. SANITATION Necessary sanitary conveniences for the use of laborers on the work site, properly secluded from public observation, shall be constructed and maintained by the Contractor in such manner and at such points as shall be approved by the Owner's Representative and their use shall be strictly enforced. 21. OBSERVATION AND TESTING The Owner or Owner's Representative shall have the right at all times to observe and test the work. Contractor shall make necessary arrangements and provide proper facilities and access for such observation and testing at any location wherever such work is in preparation or progress. Contractor shall ascertain the scope of any observation that may be contemplated by Owner or Owner's Representative and shall give ample notice as to the time each part of the work shall be ready for such observation. Owner or Owner's Representative may reject any such work found to be defective or not in accordance with the contract documents, regardless of the stage of its completion or the time or place of discovery of such errors and regardless of whether Owner's Representative has previously accepted the work through oversight or otherwise. If any such work should be covered without approval or consent of the Owner, it must, if requested by Owner or Owner's Representative, be uncovered for examination at Contractor's expense. In the event that any part of the work is being fabricated or manufactured at a location where it is not convenient for Owner or Owner's Representative to make observations of such work or require testing of said work, then in such event Owner or Owner's Representative may require Contractor to furnish Owner or Owner's Representative certificates of inspection, testing or approval made by persons competent to perform such tasks at the location where that part of the work is being manufactured or fabricated. All such tests shall be in accordance with the methods prescribed by the American Society for Testing and Materials or such other applicable organization as may be required by law or the contract documents. If any such work which is required to be inspected, tested, or approved is covered up without written approval or consent of the Owner or Owner's Representative, it must, if requested by the Owner or Owner's Representative, be Ll uncovered for observation and testing at the Contractor's expense. The cost of all such inspections, tests and approvals shall be borne by the Contractor unless otherwise provided herein. Any work which fails to meet the requirements of any such tests, inspections or approvals, and any work which meets the requirements of any such 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 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. I In the event said extra work be performed and paid for under Method (C)(1), then the provisions of this paragraph shall apply and the "actual field cost" is hereby defined to include the cost of all workmen, such as foremen, timekeepers, mechanics and laborers, materials, supplies, teams, trucks, rentals on machinery and equipment, for the time actually employed or used on such extra work, plus actual transportation charges necessarily incurred, together with all expenses incurred directly on account of such extra work, including Social Security, Old Age Benefits, Maintenance Bonds, Public Liability and Property Damage and Workers' Compensation and all other insurances as may be required by law or ordinances or directed by the Owner or Owner's Representative, or by them agreed to. Owner's Representative may direct the form in which accounts of the actual field cost shall be kept and records of these accounts shall be made available to the Owner's Representative. The Owner's Representative may also specify in writing, before the work commences, the method of doing the work and the type and kind of machinery and equipment to be used; otherwise, these matters shall be determined by the Contractor. Unless otherwise agreed upon, the prices for the use of machinery and equipment shall be determined by using 100%, unless otherwise specified, of the latest Schedule of Equipment and Ownership Expenses adopted by the Associated General Contractors of America. Where practical, the terms and prices for the use of machinery and equipment shall be incorporated in the written extra work order. The fifteen percent (15%) of the actual field cost to be paid to Contractor shall cover and compensate Contractor for its profit, overhead, general superintendence and field office expense, and all other elements of cost and expense not embraced within the actual field cost as herein defined, save that where the Contractor's Camp or Field Office must be maintained primarily on account of such Extra Work, then the cost to maintain and operate the same shall be included in the "actual field cost." No claim for extra work of any kind shall be allowed unless ordered in writing by Owner's Representative. In case any orders or instructions appear to the Contractor to involve extra work for which Contractor should receive compensation or an adjustment in the construction time, Contractor shall prior to commencement of such extra work, make written request to the Owner's Representative for a written order authorizing such extra work. Should a difference of opinion arise as to what does or does not constitute extra work or as to the payment therefore, and the Owner's Representative insists upon its performance, the Contractor shall proceed with the work after making written request for written order and shall keep adequate and accurate account of the actual field cost thereof, as provided under Method (C) (1). If Contractor does not notify Owner's Representative before the commencement of any extra work, any claim for payment due to alleged extra work shall be deemed waived. 25. DISCREPANCIES AND OMISSIONS It is further agreed that it is the intent of the contract documents that all work described in the bid, the specifications, plans and other contract documents, is to be done for the prices quoted by the Contractor and that such price shall include all appurtenances necessary to complete the work in accordance with the intent of these contract documents as interpreted by Owner's Representative. Notices of any discrepancies or omissions in these plans, specifications, or contract documents, shall be given to the Owners' Representative and a clarification obtained before the bids are received, and if no such notice is received by the Owner's Representative prior to the opening of bids, then it shall be deemed that the Contractor fully understands the work to be included and has provided sufficient sums in its bid to complete the work in accordance with these plans and specifications. If Contractor does not notify Owner's Representative before bidding of any discrepancies or omissions, then it shall be deemed for all purposes that the plans and specifications are sufficient and adequate for completion of the project. It is further agreed that any request for clarification must be submitted no later than five (5) calendar days prior to the opening of bids. 26. RIGHT OF OWNER TO MODIFY METHODS AND EQUIPMENT If at any time the methods or equipment used by the Contractor are found to be inadequate to secure the quality of I 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. [1 27. PROTECTION AGAINST ACCIDENT TO EMPLOYEES AND THE PUBLIC AND GENERAL INDEMNITY The Contractor shall take out and procure a policy or policies of Workers' Compensation Insurance with an insurance company licensed to transact business in the State of Texas, which policy shall comply with the Workers' Compensation laws of the State of Texas. The Contractor shall at all times exercise reasonable precaution for the safety of employees and others on or near the work and shall comply with all applicable ` provisions of federal, state and municipal laws and building and construction codes. All machinery and equipment and other physical hazards shall be guarded in accordance with the "Manual of Accident Prevention in Construction" of Associated General Contractors of America, except where incompatible with federal, state or municipal laws or regulations. The Contractor, its sureties and insurance carriers shall defend, indemnify and hold harmless the Owner and all of its Offices, agents and employees against any all losses, costs, damages, expenses, liabilities, claims and/or causes of action, whether known or unknown, fixed, actual, accrued or contingent, liquidated or unliquidated, including, but not limited to, attorneys' fees and expenses, in connection with, incident to, related to, or arising out of, the Contractor's or any subcontractor's, agent's or employee's, in any manner whatsoever, omission, execution and/or supervision of this contract, and the project which is the rv< subject matter of this contract. The safety precautions taken shall be the sole responsibility of the Contractor, in its sole discretion as an Independent Contractor; inclusion of this paragraph in the Agreement, as well as any notice which may be given by the Owners or the Owner's Representative concerning omissions under this paragraph as the work progresses, are intended as reminders to the Contractor of its duty and shall not be construed as any assumption of duty to supervise safety precautions by either the Contractor or any of its subcontractors. 28. CONTRACTOR'S INSURANCE The Contractor shall not commence work under this contract until he has obtained all insurance as required in the General Conditions of the contract documents, from an underwriter authorized to do business in the State of Texas and satisfactory to the City. Proof of coverage shall be furnished to the City and written notice of cancellation or any material change shall be provided ten (10) calendar days in advance of cancellation or change. All policies of insurance, required herein, including policies of insurance required to be provided by Contractor and its subcontractors, shall contain a waiver of any and all of the insurer's or payor's, in the event of self- insurance, rights to subrogation that any such insurer or payor, in the event of self-insurance, may acquire by virtue of payment of any loss under such insurance or self-insurance. All certificates of insurance submitted to the City in conformity with the provisions hereof shall establish such waiver. The Contractor shall procure and carry at its sole cost and expense through the life of this contract, insurance protection as hereinafter specified. Coverage in excess of that specified herein also shall be acceptable. Such insurance shall be carried with an insurance company authorized to transact business in the State of Texas and shall cover all operations in connection with this contract, whether performed by the Contractor or a subcontractor, or separate policies shall be provided covering the operation of each subcontractor. A certificate of insurance specifying each and all coverage's shall be submitted prior to contract execution. PROOF OF COVERAGE SHALL BE FURNISHED TO THE CITY OF LUBBOCK IN THE FORM OF A CERTIFICATE OF INSURANCE. THE INSURANCE CERTIFICATES FURNISHED SHALL NAME THE CITY OF LUBBOCK AS ADDITIONAL INSURED ON AUTO/GENERAL LIABILITY ON A PRIMARY AND NON-CONTRIBUTORY BASIS TO INCLUDE PRODUCTS OF COMPLETE OPERATIONS. PROVIDE A WAIVER OF SUBROGATION IN FAVOR OF THE CITY OF LUBBOCK, OR IN THE ALTERNATIVE, SHALL BE ACCOMPANIED BY A STATEMENT FROM THE CONTRACTOR TO THE EFFECT THAT NO WORK ON THIS PARTICULAR PROJECT SHALL BE SUBCONTRACTED. IT SHALL BE THE CONTRACTOR'S RESPONSIBILITY TO PROVIDE TO THE OWNER ALL PROOF OF COVERAGE INSURANCE DOCUMENTS INCLUDING WORKERS COMPENSATION COVERAGE FOR EACH SUBCONTRACTOR. COPIES OF THE ENDORSEMENTS ARE REQUIRED. 7 A. IN E. F. Commercial General Liability Insurance (Primary Additional Insured and Waiver of Subrogation required) The contractor shall have Comprehensive General Liability Insurance with limits of $1,000,000 Combined Single Limit in the aggregate and per occurrence to include: Products & Completed Operations Hazard/OP AGG Contractual Liability Personal Injury & Advertising Injury XCU WITH HEAVY EQUIPMENT ENDORSEMENT To Include Products of Completed Operation Endorsements Owner's and Contractor's Protective Liability Insurance. For bodily injuries, including accidental death and or property damage, - NOT REQUIRED. Comprehensive Automobile Liability Insurance (Waiver of Subrogation Required) The Contractor shall have Comprehensive Automobile Liability Insurance with limits of not less than; Bodily Injury/Property Damage, $1,000,000 Combined Single Limit, to include all owned and non -owned cars including: Employers Non -ownership Liability Hired and Non -owned Vehicles. Builder's Risk Insurance/Installation Floater Insurance - NOT REQUIRED. Excess Liability Insurance- Umbrella Form $2,000,000 Each Occurrence 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 $1,000,000 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. The Contractor must provide a certificate of coverage to the governmental entity prior to being awarded the contract. 4. If the coverage period shown on the Contractor's current certificate of coverage ends during the duration of the project, the Contractor must, prior to the end of the coverage period, file a new certificate of coverage with the governmental entity showing that coverage has been extended. 5. The Contractor shall obtain from each person providing services on the project, and provide to the governmental entity: (a) a certificate of coverage, prior to that person beginning work on the project, so the governmental entity shall have on file certificates of coverage showing coverage for all persons providing services on the project; and (b) no later than seven days after receipt by the Contractor, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project. 6 The Contractor shall retain all required certificates of coverage for the duration of the project and for one year thereafter. 7. The Contractor shall notify the governmental entity in writing by certified mail or personal delivery, within 10 days after the Contractor knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project. 8. The Contractor shall post on each project site a notice, in the text, form and manner prescribed by the Texas Workers' Compensation Commission, informing all persons providing services on the _1 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 L () g g gi 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. 10. By signing this contract or providing or causing to be provided a certificate of coverage, the Contractor is representing to the governmental entity that all employees of the Contractor who shall provide services on the project shall be covered by worker's compensation coverage for the duration of the project, that the coverage will be based on proper reporting of classification codes and payroll amounts, and that all coverage agreements will be filed with the appropriate insurance carrier or, in the case of a self -insured, with the commission's Division of Self -Insurance Regulation. Providing false or misleading information may subject the Contractor to administrative penalties, criminal penalties, civil penalties, or other civil actions. 11. The Contractor's failure to comply with any of these provisions is a breach of contract by the Contractor which entitles the governmental entity to declare the contract void if the Contractor does not remedy the breach within ten days after receipt of notice of breach from the governmental entity. 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 borne by such certificate. (4) The expiration date of the policy and the limit or limits of liability thereunder on the date borne by such certificate. (5) A provision that the policy may be canceled only by mailing written notice to the named insured at the address shown in the bid specifications. (6) A provision that written notice shall be given to the City ten days prior to any change in or cancellation of the policies shown on the certificate. (7) The certificate or certificates shall be on the form (or identical copies thereof) contained in the job specifications. No substitute of nor amendment thereto will be acceptable. (8) If policy limits are paid, new policy must be secured for new coverage to complete project. U (9) A Contractor shall: 10 L._I (a) provide coverage for its employees providing services on a project, for the duration of the project based on proper reporting of classification codes and payroll amounts and filling of any coverage agreements; (b) provide a certificate of coverage showing workers' compensation coverage to the governmental entity prior to beginning work on the project; (c) provide the governmental entity, prior to the end of the coverage period, a new certificate of coverage showing extension of coverage, if the coverage period shown on the Contractor's current certificate of coverage ends during the duration of the project; (d) obtain from each person providing services on a project, and provide to the governmental entity: (i) a certificate of coverage, prior to that person beginning work on the project, so the governmental entity will have on file certificates of coverage showing coverage for all persons providing services on the project; and (ii) no later than seven days after receipt by the Contractor, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (e) retain all required certificates of coverage on file for the duration of the project and for one year thereafter; (f) notify the governmental entity in writing by certified mail or personal delivery, within 10 days after the Contractor knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project; (g) post a notice on each project site informing all persons providing services on the project that they are required to be covered, and stating how a person may verify current coverage and report failure to provide coverage. This notice does not satisfy other posting requirements imposed by the Texas Worker's Compensation Act or other commission rules. This notice must be printed with a title in at least 30 point bold type and text in at least 19 point normal type, and shall be in both English and Spanish and any other language common to the worker population. The text for the notices shall be the following text provided by the commission on the sample notice, without any additional words or changes: REQUIRED WORKERS' COMPENSATION COVERAGE "The law requires that each person working on this site or providing services related to this construction project must be covered by workers' compensation insurance. This includes persons providing, hauling, or delivering equipment or materials, or providing labor or transportation or other service related to the project, regardless of the identity of their employer or status as an employee. " "Call the Texas Workers' Compensation Commission at 800-372-7713 or 512-804- 4000 (wNvw.tdl.state.tx.us) to receive information of the legal requirements for coverage, to verify whether your employer has provided the required coverage, or to report an employer's failure to provide coverage; " and (h) contractually require each person with whom it contracts to provide services on a project, to: (i) provide coverage based on proper reporting of classification codes and payroll yr 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; 11 m include in all contracts to provide services on the project the following language: (...) p p j g "By signing this contract or providing or causing to be provided a certificate of coverage, the person signing this contract is representing to the governmental entity that all employees of the person signing this contract who will provide services on the project will be covered by workers' compensation coverage for the duration of the project, that the coverage will be based on proper reprinting of classification codes and payroll amounts, and that all coverage agreements will be filed with the appropriate insurance carrier or, in the case of a self -insured, with the commission's Division of Self -Insurance Regulation. Providing false or misleading information may subject the Contractor to administrative penalties, criminal penalties, civil penalties, or other civil actions."; (iv) provide the Contractor, prior to the end of the coverage period, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (v) obtain from each other person with whom it contracts, and provide to the Contractor: (1) a certificate of coverage, prior to the other person beginning work on the project; and (2) prior to the end of the coverage period, a new certificate of coverage j 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 I 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 Offices, agents and employees, harmless - against any and all claims, liabilities, losses, damages, expenses and causes of action arising out of, in any way, manner or form, the demands of subcontractors, laborers, workmen, mechanics, material men and furnishers of machinery and parts thereof, equipment, power tools, and supplies, incurred in the performance of this contract i__ 12 �i _I and the project which is the subject matter of this contract. When Owner so desires, the Contractor shall furnish satisfactory evidence that all obligations of the nature hereinabove designated have been paid, discharged or waived. 31. PROTECTION AGAINST ROYALTIES OR PATENT INVENTION The Contractor shall pay all royalties and license fees, and shall provide for the use of any design, device, material or process covered by letters patent or copyright by suitable legal agreement with the Patentee or owner thereof. Without limiting, in any way, manner or form, the indemnity provided by Contractor in paragraph 27 hereof, the Contractor shall defend all suits or claims for infringement of any patent or copyrights and shall indemnify and save the Owner, and all of its Offices, agents and employees harmless from any loss on account thereof, except that Owner shall defend all such suits and claims and shall be responsible for all such loss when a particular design, device, material or process or the product of a particular manufacturer or manufacturers is specified or required in these contract documents by Owner; provided, however, if choice of alternate design, device, material or process is allowed to the Contractor, then Contractor shall indemnify and save Owner, and all of its Offices, agents and employees harmless from any loss on account thereof. Notwithstanding anything herein to the contrary, if the material or process specified or required by Owner and/or this contract is an infringement, the Contractor shall be responsible for such loss unless it gives written notice of such infringement to the Owner's Representative prior to bidding. 32. LAWS AND ORDINANCES The Contractor shall at all times observe and comply with all federal, state and local laws, ordinances and regulations, which in any manner affect the contract or the work, and without limiting, in any way, manner or form, the indemnity provided by Contractor in paragraph 27 hereof, Contractor shall indemnify and save harmless the Owner, and all of its Offices, agents, and employees against any claims arising from the violation of any such 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, ._r 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 l� this contract shall be commenced as provided in the contract documents. 13 M11 061 37 If the Contractor should neglect, fail, or refuse to substantially complete the work within the time herein specified, then the Contractor does hereby agree as part of the consideration for the awarding of this contract, the Owner may withhold permanently from Contractor's total compensation, the sum of $ 1,315 Per Day, not as a penalty, but as liquidated damages for the breach of the contract as herein set forth for each and every working day that the Contractor shall be in default after the time stipulated for substantially completing the work. It is expressly understood and agreed, by and between Contractor and the Owner, that the time for the substantial completion of the work described herein is reasonable time for the completion of the same, taking into consideration the average climatic range and conditions and usual industrial conditions prevailing in this locality. The amount is fixed and agreed upon by and between the Contractor and the Owner because the actual damages the Owner would sustain in such event would be difficult and/or impossible to estimate, however, the amount agreed upon herein is a reasonable forecast of the amount necessary to render just compensation to Owner, and is expressly agreed to be not disproportionate to actual damages as measured at time of breach. IT IS FURTHER AGREED AND UNDERSTOOD BETWEEN THE CONTRACTOR AND OWNER THAT TIME IS OF THE ESSENCE OF THIS CONTRACT. TIME AND ORDER OF COMPLETION It is the meaning and intent of this contract, unless otherwise herein specifically provided, that the Contractor shall be allowed to prosecute its work at such time and sessions, in such order of precedence, and in such manner as shall be most conductive to economy of construction; provided, however, that the order and time of prosecution shall be such that the work shall be substantially completed as a whole and in part, in accordance with this contract, the plans and specifications, and within the time of completion designated in the 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. TIME OF PERFORMANCE The Contractor agrees that it has submitted its bid in full recognition of the time required for the completion of this project, taking into consideration the average climatic range and industrial conditions prevailing in this locality, and has considered the liquidated damage provisions of paragraph 34 hereinabove set forth and expressly agrees that it shall not be entitled to, nor will it request, an extension of time on this contract, except when its work has been delayed by an act or neglect of the Owner, Owner's Representative, employees of the Owner or other contractors employed by the Owner, or by changes ordered in the work, or by strike, walkouts, acts of God or the public enemy, fire or flood. Any request for extension shall be in writing with the written request for same setting forth all justifications, in detail, for the request, and submitted to Owner's Representative within twenty (20) calendar days of the occurrence of the event causing said delay. A failure by Owner's Representative to affirmatively grant the extension no later than twenty (20) calendar days of written submission by Contractor shall be deemed a denial, and final. Further, in the absence of timely written notification of such delay and request for extension, as provided herein, any request for extension by Contractor shall be deemed waived. HINDRANCE AND DELAYS In executing the contract, the Contractor agrees that in undertaking to complete the work within the time herein fixed, Contractor has taken into consideration and made allowances for all hindrances and delays incident to such work, whether growing out of delays due to unusual and unanticipated circumstances, difficulties or delays in securing material or workmen, or any other cause or occurrence. No charge shall be made by the Contractor for hindrance or delays from any cause during the progress of any part of the work embraced in this contract except where the work is stopped by order of the Owner or Owner's Representative for the Owner's convenience, in 14 i which event, such expense as in the sole judgment of the Owner's Representative that is caused by such stoppage shall be paid by Owner to Contractor. 38. QUANTITIES AND MEASUREMENTS No extra or customary measurements of any kind will be allowed, but the actual measured or computed length, area, solid contents, number and weight only shall be considered, unless otherwise specifically provided. In the event this contract is let on a unit price basis, then Owner and Contractor agree that this contract, including the specifications, plans and other contract documents are intended to show clearly all work to be done and material to be furnished hereunder. Where the estimated quantities are shown, and only when same are expressly stated to be estimates, for the various classes of work to be done and material to be furnished under this contract, they are approximate and are to be used only as a basis for estimating the probable cost of the work and for comparing their bids offered for the work. In the event the amount of work to be done and materials to be furnished are expressly stated to be estimated, and only when same are expressly stated to be estimated, it is understood and agreed that the actual amount of work to be done and the materials to be furnished under this contract may differ somewhat from these estimates, and that where the basis for payment under this contract is the unit price method, payment shall be for the actual amount of work done and materials furnished on the project. 39. PROTECTION OF ADJOINING PROPERTY i The Contractor shall take proper means to protect the adjacent or adjoining property or properties in any way encountered, which may be injured or seriously affected by any process of construction to be undertaken under this agreement, from any damage or injury by reason of said process of construction; and Contractor shall be liable for any and all claims for such damage on account of his failure to fully protect all adjacent property. Without limiting, in any way, manner and form, the indemnity provided by Contractor in paragraph 27 hereof, the Contractor agrees to indemnify, save and hold harmless the Owner, and any of its Offices, agents and employees, against any and all claims or damages due to any injury to any adjacent or adjoining property, related to, arising from or growing out of the performance of this contract. 40. PRICE FOR WORK In consideration of the furnishing of all necessary labor, equipment and material and the completion of all work by the Contractor, and on the delivery of all materials embraced in this contract in full conformity with the specifications and stipulations herein contained, the Owner agrees to pay the Contractor the price set forth in the bid proposal attached hereto, which has been made a part of this contract, and the Contractor hereby agrees to ' receive such price in full for furnishing all materials and all labor required for the aforesaid work, also, for all expenses incurred by Contractor and for well and truly performing the same and the whole thereof in the manner and according to this agreement, the attached specifications, plans, contract documents and requirements of Owner's Representative. 41. PAYMENTS No payments made or certificates given shall be considered as conclusive evidence of the performance of the contract, either wholly or in part, nor shall any certificate or payment be considered as acceptance of defective work. Contractor shall at any time requested during the progress of the work furnish the Owner or Owner's Representative with a verifying certificate showing the Contractor's total outstanding indebtedness in connection with the work. Before final payment is made, Contractor shall satisfy Owner, by affidavit or otherwise, that there are no outstanding liens against Owner's premises by reason of any work under the contract. Acceptance by Contractor of final payment of the contract price shall constitute a waiver of all claims against Owner, Owner's agents and employees, which have not theretofore been timely filed as provided in this contract. 15 42. PARTIAL PAYMENTS On or before the tenth day of each month, the Contractor shall submit to Owner's Representative an application l J for partial payment or, if the Contractor does not submit such application, the Owner's Representative shall t J 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 ^_1 Contractor up to and including the last day of the preceding month. The determination of the partial payment by the Owner's Representative shall be in accordance with Paragraph 14 hereof. The Owner shall then pay the Contractor on or before the fifteenth day of the current month the total amount of the Owner's Representative's Certificate of Partial Payment, less 5% of the amount thereof, which 5% shall be -� retained until final payment, and further, less all previous payments and all further sums that may be retained by Owner under the terms of the contract documents. Any partial payment made hereunder shall not constitute a waiver by the Owner of any and all other rights to enforce the express terms of the contract documents, and all remedies provided therein, as to any and all work performed, to be performed and/or materials delivered hereunder, including, but limited to, work to which said partial payment is attributable. y 43. SUBSTANTIAL COMPLETION Contractor shall give Owner's Representative written notice of substantial completion. Within thirty-one (31) working days after the Contractor has given the Owner's Representative written notice that the work has been substantially completed, the Owner's Representative and/or the Owner shall inspect the work and within said time, if the work be found to be substantially completed in accordance with the contract documents, the Owner's Representative shall issue to the Owner and Contractor a certificate of substantial completion. Notwithstanding the issuance of a certificate of substantial completion, Contractor shall proceed with diligence to finally complete the work within the time provided in this contract. 44. FINAL COMPLETION AND PAYMENT The Contractor shall give written notice to Owner's Representative of final completion. Upon written notice of final completion, the Owner's Representative shall proceed to make final measurement to detemune whether final completion has occurred. If the Owner's Representative determines final completion has occurred, Owner's Representative shall so certify to the Owner. Upon certification by Owner's Representative of final completion, Owner shall pay to the Contractor on or before the 31st working day after the date of certification of final completion, the balance due Contractor under the terms of this agreement. Neither the certification of final completion nor the final payment, nor any provisions in the contract documents shall relieve the Contractor of the obligation for fulfillment of any warranty which may be required in the contract documents and/or any warranty or warranties implied by law or otherwise. 45. CORRECTION OF WORK Contractor shall promptly remove from Owner's premises all materials condemned by the Owner's Representative on account of failure to conform to the contract documents, whether actually incorporated in the work or not, and Contractor shall at its own expense promptly replace such condemned materials with other materials conforming to the requirements of the contract documents. Contractor shall also bear the expense of restoring all work of other contractors damaged by any such removal or replacement. If Contractor does not remove and replace any such condemned work within a reasonable time after a written notice by the Owner or the Owner's Representative, Owner may remove and replace it at Contractor's expense. Neither the final payment, nor certification of final completion or substantial completion, nor any provision in the u 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 16 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 the written orders of the Owner's Representative, when such orders are consistent with this contract, then the Surety on the bond shall be notified in writing and directed to complete the work and a copy of said notice shall be delivered to the Contractor. In the event a bond is not required by law, or otherwise obtained by the Contractor, no further notice of such non-compliance to Contractor shall be required. After receiving said notice of abandonment or non-compliance , the Contractor shall not remove from the work any machinery, equipment, tools, materials or supplies then on the job, but the same, together with any materials and equipment under the contract for work, may be held for use on the work by the Owner or the Surety of the Contractor, or another contractor, in completion of the work; and the Contractor shall not receive any rental or credit therefore (except when used in connection with Extra Work, where credit shall be allowed as provided for under paragraph 24 of this contract); it being understood that the use of such equipment and materials will ultimately reduce the cost to complete the work and be reflected in the final settlement. In the event the Contractor, or Surety, whichever is applicable, should fail to commence compliance with the notice hereinbefore provided within ten (10) calendar days after service of such notice, and/or shall fail to proceed with diligence to complete the project as contemplated and in compliance with all terms and provisions of the contract documents, then the Owner may exercise any and all remedies available to it pursuant to law, contract, equity or otherwise, including, but not limited to, providing for completion of the work in either of the following elective manners: 17 _.: a The Owner may employ such force of men and use of machinery,equipment, tools materials and () Y p Y, 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 rill 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 (Y� (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 t 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. 1-1 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. F1 The remedies provided to Owner by law, equity, contract, or otherwise, shall be cumulative, to the extent permitted by law. It is expressly agreed and understood that the exercise by Owner of the remedies provided in this paragraph shall not constitute an election of remedies on the part of Owner, and Owner, irrespective of its exercise of remedies hereunder, shall be entitled to exercise concurrently or otherwise, any and all other remedies available to it, by law, equity, contract or otherwise, including but not limited to, liquidated damages, as provided in paragraph 34, hereinabove set forth. 18 49. LIMITATION ON CONTRACTOR'S REMEDY The remedies of Contractor hereunder shall be limited to, and Owner shall be liable only for, work actually performed by Contractor, and/or its subcontractors as set forth in the contract documents, and Owner shall not be liable for any consequential, punitive or indirect loss or damage that Contractor may suffer in connection with the project which is the subject matter of this contract. 50. BONDS The Contractor is required to furnish a performance bond in accordance with Chapter 2253, Government Code, in the amount of 100% of the total contract price in the event that said contract price exceeds $100,000 and the Contractor is required to furnish a payment bond in accordance with Chapter 2253, Government Code, in the amount of 100% of the total contract price in the event that said contract price exceeds $50,000. All bonds shall be submitted on forms supplied by the Owner, and executed by an approved Surety Company authorized to do business in the State of Texas. It is further agreed that this contract shall not be in effect until such bonds are so furnished. 51. SPECIAL CONDITIONS In the event special conditions are contained herein as part of the contract documents and said special conditions conflict with any of the general conditions contained in this contract, then in such event the special conditions shall control. 52. LOSS OR EXPENSE DUE TO UNUSUAL OR UNANTICIPATED CIRCUMSTANCES Unless otherwise specified herein, all loss, expense or damage to the Contractor arising out of the nature of the work to be done, or from the action of the elements, or from any unforeseen circumstance or from unusual obstructions or difficulties, naturally occurring, man made or otherwise, which may be encountered in the prosecution of the work, shall be sustained and borne by the Contractor at his own cost and expense. 53. INDEPENDENT CONTRACTOR Contractor is, and shall remain, an independent contractor with full, complete and exclusive power and authority to direct, supervise, and control its own employees and to determine the method of the performance of the work covered hereby. The fact that the Owner or Owner's Representative shall have the right to observe Contractor's work during Contractor's performance and to carry out the other prerogatives which are expressly reserved to and vested in the Owner or Owner's Representative hereunder, is not intended to and shall not at any time change or effect the status of the Contractor as an independent contractor with respect to either the Owner or Owner's Representative or to the Contractor's own employees or to any other person, firm, or corporation. 54. CLEANING UP The Contractor shall at all times keep the premises free from accumulation of debris caused by the work, and at the completion of the work Contractor shall remove all such debris and also its tools, scaffolding, and surplus materials and shall leave the work room clean or its equivalent. The work shall be left in good order and condition. In case of dispute Owner may remove the debris and charge the cost to the Contractor. t 55. HAZARDOUS SUBSTANCES AND ASBESTOS Hazardous Substances (herein so called), as defined in the Comprehensive Environmental Response, Compensation, and Liability Act (42 U.S.C.S. §9601(14)) and the regulations promulgated thereunder, as same may be amended from time to time, hydrocarbons or other petroleum products or byproducts and/or asbestos, in any form, shall not (i) be utilized, in any way, manner or form, in the construction of, or incorporation into, the -, Project; or (ii) be brought upon, placed, or located, by any party, on the Project site, or any other property of the City, without the written consent of the Owner's Representative. If Contractor believes that the utilization of a 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 l J and/or asbestos, Contractor shall notify the Owner's Representative, and request consent therefrom, at least t J twenty (20) days prior to such action. Owner's Representative may grant or deny the request of Contractor and provide whatever requirements such consent, if granted, is conditioned upon, in its sole and absolute discretion. If^� the request of Contractor is not granted, or otherwise not responded to, by Owner's Representative within five (5) days of the receipt of said request, said request shall be deemed to be denied. In the event Owner's Representative shall consent to the request of Contractor, Contractor shall be responsible for ensuring that all personnel involved in the Project are (i) trained for the level of expertise required for proper performance of the actions contemplated by this Contract and, in particular, in all aspects of handling, storage, disposal and exposure of Hazardous Substances, hydrocarbons or other petroleum products or byproducts and/or asbestos; and (ii) are provided and utilize all protective equipment, including without limitation, personal protective gear, necessary to provide protection from exposure to Hazardous Substances, hydrocarbons or other petroleum products or byproducts and/or asbestos. 56. NONAPPROPRIATION All funds for payment by the City under this contract are subject to the availability of an annual appropriation for this purpose by the City. In the event of non -appropriation of funds by the City Council of the City of Lubbock for the goods or services provided under the contract, the City will terminate the contract, without termination charge or other liability, on the last day of the then -current fiscal year or when the appropriation made for the then -current year for the goods or services covered by this contract is spent, whichever event occurs first. If at any time funds are not appropriated for the continuance of this contract, cancellation shall be accepted by the Seller on thirty (30) days prior written notice, but failure to give such notice shall be of no effect and the City shall not be obligated under this contract beyond the date of termination. 57. THE CITY RIGHT TO AUDIT At any time during the term of this Contract and for a period of four (4) years thereafter the City or a duly authorized audit representative of the City, or the State of Texas, at its expense and at reasonable times, reserves the right to audit Contractor's records and books relevant to all services provided under this Contract. In the event such an audit by the City reveals any errors/overpayments by the City, Contractor shall refund the City the full amount of such overpayments within thirty (30) days of such audit findings, or the City, at its option, reserves the right to deduct such amounts owing the City from any payments due Contractor. 58. NON -ARBITRATION The City reserves the right to exercise any right or remedy available to it by law, contract, equity, or otherwise, including without limitation, the right to seek any and all forms of relief in a court of competent jurisdiction. Further, the City shall not be subject to any arbitration process prior to exercising its unrestricted right to seek judicial remedy. The remedies set forth herein are cumulative and not exclusive, and may be exercised concurrently. To the extent of any conflict between this provision and another provision in, or related to, this document, this provision shall control. 59. HOUSE BILL 2015 House Bill 2015, signed by the Governor on June 14, 2013 and effective on January 1, 2014, authorizes a penalty to be imposed on a person who contracts for certain services with a governmental entity and who fails to properly classify their workers. This applies to subcontractors as well. Contractors and subcontractors who fail to properly classify individuals performing work under a governmental contract will be penalized $200 for each individual that has been misclassified (Texas Government Code Section 2155.001). 20 1 DAVIS BACON WAGE DETERMINATIONS Fil Pate Intentionally Left Blank EXHIBIT A General Decision Number: TX140007 01/03/2014 TX7 Superseded General Decision Number: TX20130007 State: Texas Construction Types: Heavy and Highway Counties: Armstrong, Carson, Crosby, Ector, Irion, Lubbock, Midland, Potter, Randall, Taylor and Tom Green Counties in Texas. HEAVY & HIGHWAY CONSTRUCTION PROJECTS Modification Number Publication Date 0 01/03/2014 * SUTX2011-002 08/02/2011 g Rates Fringes CEMENT MASON/CONCRETE FINISHER (Paving & Structures) ... $ 13.55 N' i_. ELECTRICIAN ...................... $ 20.96 FORM BUILDER/FORM SETTER Paving & Curb ............... $ 12.36 Structures .................. $ 13.52 IW: 6mw7 Asphalt Raker ............... $ 12.28 Flagger..................... $ 9.30 Laborer, Common .............$ 10.30 Laborer, Utility ............ $ 11.80 Work Zone Barricade Servicer.................... $ 10.30 POWER EQUIPMENT OPERATOR: Asphalt Distributer ......... $ 14.87 Asphalt Paving Machine ...... $ 13.40 Broom and Sweeper ........... $ 11.21 Crane, Lattice Boom 80 Tons or Less ................ $ 16.82 Crawler Tractor Operator .... $ 13.96 Excavator, 50,000 lbs or less ........ $ 13.46 l_ Front End Loader Operator, Over 3 CY................... $ 12.77 Front End Loader, 3CY or less ......... $ 12.28 Loader/Backhoe.............. $ 14.18 Mechanic .................... $ 20.14 Milling Machine ............. $ 15.54 Motor Grader, Rough ........ $ 16.15 Motor Grader, Fine .......... $ 17.49 Pavement Marking Machine .... $ 16.42 Reclaimer/Pulverizer........ $ 12.85 Roller, Asphalt .............$ 10.95 Roller, Other ............... $ 10.36 Scraper ..................... $ 10.61 Spreader Box ................ $ 12.60 Servicer .........................$ 13.98 Steel Worker (Reinforcing) ....... $13.50 TRUCK DRIVER Lowboy -Float ................ $ 14.46 Single Axle ................. $ 12.74 Single or Tandem Axle Dump..$ 11.33 Tandem Axle Tractor with Semi ........................ $ 12.49 WELDERS - Receive rate prescribed for craft performing operation to which welding is incidental. Unlisted classifications needed for work not included within the scope of the classifications listed may be added after award only as provided in the labor standards contract clauses (29CFR 5.5 (a) (1) (ii)). The body of each wage determination lists the classification and wage rates that have been found to be prevailing for the cited type(s) of construction in the area covered by the wage determination. The classifications are listed in alphabetical order of "identifiers" that indicate whether the particular rate is union or non -union. Union Identifiers An identifier enclosed in dotted lines beginning with characters other than "SU" denotes that the union classification and rate have found to be prevailing for that classification. Example: PLUM0198-005 07/01 /2011. The first four letters , PLUM, indicate the international union and the four -digit number, 0198, that follows indicates the local union number or district council number where applicable , i.e., Plumbers Local 0198. The next number, 005 in the example, is an internal number used in processing the wage determination. The date, 07/01/2011, following these characters is the effective date of the most current negotiated rate/collective bargaining agreement which would be July 1, 2011 in the above example. Union prevailing wage rates will be updated to reflect any changes in the collective bargaining agreements governing the rates. 0000/9999: weighted union wage rates will be published annually each January. Non -Union Identifiers Classifications listed under an "SU" identifier were derived from survey data by computing average rates and are not union rates; however, the data used in computing these rates may include both union and non -union data. Example: SULA2004-007 5/13/2010. SU indicates the rates are not union majority rates, LA indicates the State of Louisiana; 2004 is the year of the survey; and 007 is an internal number used in producing the wage determination. A 1993 or later date, 5/13/2010, indicates the classifications and rates under that identifier were issued as a General Wage Determination on that date. Survey wage rates will remain in effect and will not change until a new survey is conducted. WAGE DETERMINATION APPEALS PROCESS 1.) Has there been an initial decision in the matter? This can be: * an existing published wage determination * a survey underlying a wage determination * a Wage and Hour Division letter setting forth a position on a wage determination matter * a conformance (additional classification and rate) ruling On survey related'matters, initial contact, including requests for summaries of surveys, should be with the Wage and Hour Regional Office for the area in which the survey was conducted because those Regional Offices have responsibility for the Davis -Bacon survey program. If the response from this initial contact is not satisfactory, then the process described in 2.) and 3.) should be followed. With regard to any other matter not yet ripe for the formal process described here, initial contact should be with the Branch of Construction Wage Determinations. Write to: Branch of Construction Wage Determinations Wage and Hour Division U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 2.) If the answer to the question in 1.) is yes, then an interested party (those affected by the action) can request review and reconsideration from the Wage and Hour Administrator (See 29 CFR Part 1.8 and 29 CFR Part 7). Write to: Wage and Hour Administrator U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 The request should be accompanied by a full statement of the interested party's position and by any information (wage payment data, project description, area practice material, etc.) that the requestor considers relevant to the issue. 3.) If the decision of the Administrator is not favorable, an interested party may appeal directly to the Administrative Review Board (formerly the Wage Appeals Board). Write to: Administrative Review Board U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 4.) All decisions by the Administrative Review Board are final. END OF GENERAL DECISION EXHIBIT B Prevailing Wage Rates Overtime Rate The rate for overtime (in excess of forty hours per week) shall be as required by the Fair Labor Standards Act. EXHIBIT C Prevailing Wage Rates Legal Holiday Rate The rate for legal holidays shall be as required by the Fair Labor Standards Act. Paee IntentionaRy Left Blank SPECIFICATIONS I Page Intentionally Left Blank TABLE OF CONTENTS 1.............City of Lubbock/SGS Engineering Specifications 8.............City of Lubbock LP&L Specifications 9..............Atmos Energy Specifications 12..............Bid Unit Descriptions —Conduit System 13..............Ground Box Standards 15...............Downtown Redevelopment Phase II Conduit, Sweeps, Manholes, and Pullbox Purchasing Quantities Page Intentionally Left Blank City of Lubbock Phase II Project CONDUIT SYSTEM SPECIFICATIONS August 1, 2014 PREPARED BY: SGS Engineering LLC STEVE OWENS a ��� ; •.� 47333 0 .•rVy ?TAP �� L ' P Introduction The purpose of this document is to provide specifications for an underground duct system for the utilities affected by the relocation of existing overhead electric and communication cables within the Lubbock Downtown Redevelopment Project. This construction work will provide the downtown area with an underground electric, gas, and communication system capable of serving the downtown Lubbock area for many years. in Project Scope This Project will provide the trench with a conduit and piping system for the relocated utilities within the downtown redevelopment project area. This conduit corridor will provide an underground system of conduits for seven Lubbock utility companies as well as the City of Lubbock. These utility companies include: Lubbock Power & Light, Atmos Energy, Sudden Link, NTS Communications, Poka Lambro, Plateau Wireless, and AT&T. The project will include: trench excavation, trench compaction, installation of the duct system, and replacing or improving affected surface infrastructure. Overview Phase I1 of the Downtown Redevelopment Project is generally bounded by 10" Street on the north and 15" Street on the South and from Avenue J to Avenue M east to west. A five foot wide "green area" has been designated adjacent to the streets in each block where possible for aesthetic improvements to downtown Lubbock. The trench system will be located adjacent to the designated green area where possible. The east side of Avenue M has been designated a North -South backbone conduit corridor. An East-West backbone conduit corridor runs from Avenue J west on the north side of 91' Street to Avenue K on the northwest corner then south to 10' Street on the northwest corner then west and across 10" Street to the southeast corner of 10°i Street and Avenue L. f Standard of Work 1. All work shall be done in a thorough and workmanlike manner in accordance with the Plans, Specifications, and Construction Drawings and in accordance with the City of Lubbock Design Standards and Specifications dated May 1, 2014. General Safely 1. Drawings and Maps a. All drawings and maps accompanying this Specification or listed herein shall be considered a part of these Plans and Specifications. b. Accompanying drawings are as follows: C-1 Phase II Overall Conduit System C1 C-2 Phase II Conduit System, Ave. M, 15°ito 14'h St. C-3 Phase II Conduit System, Ave. M, 141h to 13"' St. C-4 Phase II Conduit System, Ave. M, 131h St. to Broadway C-5 Phase II Conduit System, Ave. M, Broadway to Main St. to Ave. L C-6 Phase II Conduit System, Ave. M, Main St. to 10'h St. C-7 Phase I1 Conduit System, 10'h St, Ave L to Ave. K C-8 Phase II Conduit System, Ave. K, 101 to 9°i St. to Ave. J C-9 Phase II Conduit System, Main St., Ave. L to Ave. J 1. The work shall be performed in accordance with all applicable Federal, State, and Local Safety Regulations. 2. The Contractor shall be responsible for the observance of proper safety practices and the avoidance of unnecessary damage to property by all personnel engaged in the work. 3. The Contractor shall take all steps necessary to prevent damage or interference with existing power lines, communication facilities, roadways, railroads, waterways, buried cables, pipelines, and other facilities adjacent to or crossing the project right-of-way. 4. Neither the professional activities of the DESIGN PROFESSIONAL, nor the presence of the DESIGN PROFESSIONAL or the DESIGN PROFESSIONAL's employees and sub - consultants at the construction site, shall relieve the General Contractor and any other entity of their obligations, duties, and responsibilities including, but not limited to, construction means, methods, sequences techniques, or procedures necessary for performing, superintending, or coordinating all portions of the work of construction in accordance with the contract documents and any health or safety precautions required by any regulatory agencies. 5. The DESIGN PROFESSIONAL and DESIGN PROFESSIONAL's personnel have no authority to exercise any control over any construction contractor or other entity or their employees in connection with their work or any health or safety precautions. 6. The General Contractor is solely responsible for jobsite safety. SWPPP The contractor shall provide a Storm Water Pollution Prevention Plan (SWP3) and implement these measures in a manner which will meet the requirements of the of the Texas Pollution Discharge Elimination System (TPDES) General Permit No. TXR150000. The Contractor shall be responsible for any fines or penalties assessed by the appropriate regulatory agency for failure to make required inspections, failure to properly document those inspections, failure to adequately implement and adjust the storm water pollution prevention measures specified in the SWP3 to adequately control pollutants, and/or any other fines or penalties assessed by TCEQ or EPA for failure to comply with any part of the permit requirements. The Contractor shall submit a Notice of Intent (NOI) and a Notice of Termination (NOT) independently of the Owner. 2. It is the Contractor's responsibility to insure that his/her Storm Water Pollution Prevention Plan is in full compliance with the TPDES permit. The Contractor shall modify the document as necessary to show implementation plans, dates of construction activities, best management practices, inspection reports and any other information pertinent to the plan or otherwise required to ensure that the plan remains in compliance with the permit. 3. Fines levied against the Owner by the TCEQ for the Contractor's failure to comply and maintain the SWP3 shall be paid by the Contractor. 4. Storm water must be adequately routed during construction operations in the same general direction as currently occurs. 5. Structural measures shall be implemented to divert flows from exposed soils, temporarily store flows, or otherwise limit run-off and the discharge of pollutants from exposed areas of the site. Structural practices shall be implemented as specified in the SWP3 and in a timely manner during the construction process to minimize erosion and sediment run-off. 6. Contractor shall ensure that any soil tracked off site is cleaned from existing roads, alleys, and any adjacent property as soon as possible. Contractor shall check for any pollutants tracked or washed off -site and perform necessary clean-up measures at the end the day. 7. The SWP3 will be provided by the Contractor and keep a copy of the SWP3 on site at all times. 8. A completed NOI form must be submitted a minimum of 48 hours prior to start of construction. No work will be permitted until NOI is filed. 9. Contractor shall maintain SWP3 in accordance with the TDPES permit to insure that the SWP3 reflects current project conditions and remains in compliance with the permit. 10. A completed NOT form must be submitted prior to the finalization of this contract 11. The Contractor shall furnish Owner with a copy of NOI and NOT. Trench Profile 1. Trench profiles for each section of the Downtown Redevelopment are detailed in the drawings. The profile addresses the size of the excavated trench as well as the size and location of each conduit or pipe in a particular trench section. 2. It is the responsibility of the contractor to match these specifications and drawings when constructing any portion of the trench. 3. Existing utilities will be adjusted where possible, but adjustments may need to be made to the trench cross sections to construct the duct system over, under, or around existing utilities. If the trench depth requires additional trench protection, the contractor shall provide the protection at no additional cost to the City of Lubbock. Conduit APPROVED CONDUIT 1. All conduit shall be electrical grade, rigid, nonmetallic, schedule 80, and of standard trade size (2", 4", or 6"diameter) as provided by Innerduct or approved equal. Contact information for Innerduct is 409 Seventh Avenue SE, Cedar Rapids, Iowa 52405. Phone — 800, 332-8114. 2. For 2", 4", and 6" conduit, the only approved type is HDPE (high density polyethylene), which shall conform to the following color scheme. The conduit shall be a solid color as identified. Actual color assignments are subject to change. a. Red Conduit: Dedicated to LP&L's distribution. b. Black Conduit: Dedicated to Lubbock Power and Light fiber. c. Purple Conduit: Dedicated to the City of Lubbock Traffic and Communication d. Green Conduit: Dedicated to NTS Communications. e. Blue Conduit: Dedicated to Sudden Link. f. Orange Conduit: Dedicated to AT&T Communications. g. Yellow Conduit: Dedicated to Atmos Energy (supplied by Atmos) h. Pink Conduit: Dedicated to Plateau and Poka Lambro USE OF CONDUIT 1. The Contractor shall provide and install the conduit system in accordance with the layout provided by SGS Engineering's approved design drawings. 5 a. SGS Engineering must approve in writing any proposed changes to the conduit or conduit layout. SGS, Engineering reserves the right to approve the type of conduit to be used prior to installation. b. Conduits are required for all cables runs. Each utility shall furnish and install the number and type of conductors/cables within each individual conduit. c. The conduits as well as all associated components (terminal adaptors, couplings, elbows, etc.) shall be furnished and installed by the Contractor. CONDUIT INSTALLATION 1. The contractor shall ensure throughout the duration of the project all conduits remain free from obstruction and debris. 2. Conduit shall be run in a straight and level path wherever possible, as specified by drawings. The only abrupt changes in conduit direction (elevation or sideways) shall be to circumnavigate obstruction by pre-existing conditions, or to accommodate entrance into junction boxes for each individual company. Exceptions will be made for bends at pad mounted equipment, pullboxes/hanholes, or manholes. 3. All joints are to be cemented or fused using the material and methodology recommended by the manufacturer. 4. Both ends of each run are to be capped to ensure the conduit remains clean and dry and free from internal debris. 5. The LP&L conduit as well as the Atmos piping shall be covered with a compacted bedding material compacted to 95% as shown on the drawings. 2 sack flowable backfill shall be used as the backfill material of the trench to the point as required to be the base material for the final surfacing. 6. To prevent the conduits from floating, the conduits shall be secured using rebar and tie wire. CONDUIT AND PIPE SPACING 1. Spacers will be utilized wherever possible in order to maintain direction and placement of conduit within the trench. Spacer groups shall be installed following the conduit and spacer manufacture's recommendation for desired distances between spacers or no more than 10' apart along the trench. 0 2. Spacers shall be GS Industries of Bassett, Ltd. "Underground Spacers" -Product code 186-1 et. Al or approved equal. These spacers shall be used throughout the conduits' installation in order to maintain direction, plumb and spacing of conduit. Contact information for GS Industries is 85 Rosemont Road, Bassett, Virginia 24055. Phone is 800, 445-2192. 3. Spacers for Conduits used in power distribution (LP&L) shall be as follows: a. For 6" conduits, spacers shall be Underground Products of Bassett, VA, Product Codes 133-1 and 132-1. b. For 4" conduits, spacers shall be Underground Products of Bassett, VA, Product Codes 186-1 and 185-1. 4. Spacers for Conduits occupied by City of Lubbock, Sudden Link, NTS, AT&T a. For 4" conduits, spacers shall be Underground Products of Bassett, VA, Product Codes 186-1 and 185-1. b. For 2" conduits, spacers shall be Underground Products of Bassett, VA, Product Codes 186-1 and 185-1. 5. Atmos Pipe and Valve Installation a. Atmos Energy shall provide all 2"and 4" piping for its requirements. Atmos Energy will also provide the required valves and associated items required for their installation as shown on the drawings. b. Specific Atmos Energy installation requirements included herein shall be strictly adhered to by the contractor. c. The contractor actually performing all of the work on the Atmos Energy facilities shall be an Atmos approved contractor. Pullboxes JHandholes As shown on the drawings the Contractor shall install a group of pullbox/handhole boxes as shown in the plans, at almost every corner, one for each of the communication utilities and the City of Lubbock. The pullbox/handhole boxes shall be ARMORCAST: 24" X 36" X 36" (depth) Polymer Concrete Box and Cover Assembly. The contact information for Armorcast Products Company, 13230 Saticoy Street, North Hollywood, California 91605. Phone — 818, 982-3600. 7 7 i 2. A terminal adaptor with a sealing lock nut shall conjoin all conduits to hndholes. Installation of pullbox/handholes shall occur on bedding material, so as to provide an adjustable surface for positioning both laterally and vertically. 3. The pullbox/handhole boxes will be placed such that the top cover plate shall be level with the concrete pedestrian sidewalk. 4. Each pullbox/handhole shall have a cover which identifies the primary contents therein, and shall be cast with one of the following identifiers: "AT&T", "NTS", "Sudden Link", "City of Lubbock", "Lubbock Power & Light", Plateau, and "Poka Lambro" 5. The pullbox/handholes will be located by the Engineer. Manholes Manholes will be installed generally where indicated on the drawings. The actual locations of the manholes will be provided by the Engineer. The manholes shall be furnished by the contractor for the communications utilities as required. Manholes shall generally be located in the designated green areas. Each manhole will be used by a single communication utility. The conduits of the appropriate utility will move from the main ditch to the green area and back to the main ditch as shown on the drawings to provide access to each manhole. The manhole installation shall be per the detail drawing provided herein. 2. Ultimately the responsibility for accommodating any and all manholes with the appropriate conduits falls on the Contractor. Manholes shall be ARMORCAST: 48" X 96" X 48" (depth) Polymer Concrete Vault Assembly. Lubbock Power & Light (LP&LI 1. LP&L will provide and install any junction box enclosures and switch enclosures required for their service. Those to be installed in this phase of construction are shown on the drawings. The Contractor shall stop the LP&L conduits 10 ft. either side of any switch or enclosure location. LP&L will be responsible for turning up conduits at their locations. 2. The LP&L conduits shall be covered with bedding material as shown on the drawings. Sidewalk and street crossing replacement 1. Sidewalk and street intersection replacement with approved pavers and concrete will adhere to detail on sheet C-1. 2. Contractor shall purchase approved brick pavers. 3. Broadway street crossing will be replaced with original brick pavers. Atmos Enerav This project involves the extension of 4" PE IP gas main and installation of 2" PE IP laterals. Atmos will: 1. Provide all materials. 2. Provide a list of special conditions. 3. Administer Lock Out/Tag Out/ Clearance procedures. 4. Provide compaction testing (the first test for each location). 5. Provide inspection- COMPANY may opt to provide inspection through a third party. 6. All pipe and fittings will be picked up at Atmos warehouse in Lubbock by CONTRACTOR unless specifically noted. Contractor will: 1. Ensure that he or his subcontractor is certified with Atmos and such certification shall be provided to the City of Lubbock. 2. Obtain all construction permits prior to construction. 3. Provide necessary supervision, labor and equipment to complete project. 4. Utilize a minimum of 2 each 3 man crews for the complete project. 5. Install the necessary tap fittings (tees, weldolets, threadolets, etc.). 6. Verify all locate wire is traceable prior to backfilling. 9 7. Perform all piping construction in accordance with the requirement of DOT CFR 49 Part 192, "Transportation of natural and other gas by pipeline; Minimum Federal Safety Standards" as administered by the Railroad Commission of Texas. 8. Be required to complete the Operator Qualification Personnel Survey. CONTRACTOR'S personnel must have proper Operator Qualification certification before award of project and maintain certification throughout the term of the project. CONTRACTOR will adhere to the West Texas Division Contractor Provisions for Compliance with Operator Qualification Rule. 9. Have an approved competent person on the job site at all times. The competent person(s) will be identified to the COMPANY at the pre -construction meeting. 10. Be responsible for completing the tapping and stoppling of any stopple fittings that will be installed. COMPANY must approve any third party service providers prior to performing any work. 11. Require each welder to keep their Operator Qualification Records on their person for the duration of the project. 12. Ensure that pipe abandoned in place is purged with air, checked with a CGI, & plates welded on each end or other method to cause closure of pipe ends.. 13. Install Safety fence around all open ditches in addition to parking equipment around bell holes whenever site is left unsupervised. 14. Provide flowable backfill and/or compaction as required by City of Lubbock. 15. Use specified backfill material directly around the pipeline. Backtill must provide firm support under the pipe. 16. Return any unused pipe and fittings to appropriate Atmos service center. 17. Provide a secure staging area for equipment and material. 18. Ensure Atmos personnel are notified 48 hours prior to exposing any Atmos active pipeline. Atmos personnel have the option to be on site during this excavation. 19. Be solely responsible for all paperwork including maps, test charts, & any other documentation required per Atrnos closing packet. 20. Ensure that all pipe and fittings will be picked up at Lubbock warehouse by CONTRACTOR unless specifically noted. Other information: 1. Main and services are part of a 601b MAOP system and are to be subjected to a 1201b not to exceed 1301b proof pressure test with signed chart. I 10 2. All work shall be performed in accordance with the Atmos Energy Contractor Construction Manual and the Atmos Energy Contractor Visitor Safety Manual. Both documents are available through ISNetworld Atmos Energy Bulletin Board. 3. All work shall be performed in accordance with the Code of Federal Regulations Part 192 Pipeline Safety Rules and all other applicable rules and regulations. 4. All existing piping will remain pressurized and in service until it is time to make the final tie-ins. 5. All cuts made on existing pipeline facilities are to be made by "cold cut" method and not "torch cut". 6. This pipeline facility is a pressurized gas I.P. line that normally operates at about 50 PSIG. 7. The cost of any repairs, cut outs, or extra testing caused by repairs, shall be borne by CONTRACTOR. 8. COMPANY shall be notified immediately if CONTRACTOR notices any materials that do not appear to match what was specified in the Engineering Requisitions. 9. The CONTRACTOR shall be solely responsible for all materials after custody has been transferred to him. Any materials damaged or lost after transfer to CONTRACTOR shall be replaced at CONTRACTOR'S expense. 10. If piping does not pass the strength test then the CONTRACTOR will locate the leak, repair the defect and re -test. This will be at the CONTRACTOR'S expense unless the failure is caused by a material defect. 11. The following items must be considered prior to pressurizing pipe for test: a. Material must be defect free including excessive wear. b. All fittings must be designed for the maximum pressures. c. CONTRACTOR must ensure that all threaded fittings are tightened properly prior to pressurizing pipe. 11 Bid Unit Description - Conduit System Pullbox/Handhole Purchase— Includes purchasing for pullbox/handhole and factory labeled for each utility as shown in specifications. (bid per pullbox/handhole) Pullbox/Handhole Configuration — Includes excavation and installation of the number of pullbox/handholes as described in bid items #55, 56, and 57 to connect the standard trench profile sections to pullbox/handholes at block corners and other locations. Conduits do not extend beyond the limits defined by the corner outline as shown on the drawings. (bid per pullbox/handhole configuration) Manhole Purchase — Includes purchasing the manhole and factory labeled AT&T as shown in specifications. (bid per manhole) Manhole —Includes excavation and installation described in bid item #54. (bid per manhole) Atmos — Includes the installation only of equipment furnished by Atmos. Tapping of an existing main is included as well as the installation of taps and valves in the new system. The installation of the Atmos piping is included in the Trench Profile bid units. (bid per tap, valve, etc.) Trench Profile — Includes installation. The Trench Profile sections are defined as those sections that maintain the defined trench dimensions, sizes, and quantities. The Trench Profile sections end adjacent to the Pullbox/Handhole Configurations which define the conduit and piping at the corner of each block. (bid per foot of trench) Trench Excavation and Trench Excavation in Rock —Includes all excavation with the exception of Manholes and Pullboxws/handholes Conduit and Sweeps Purchase— Includes purchasing the conduits and sweeps in various colors and sizes as shown in specifications. 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'40, PQ.YWR MIME •xmp "-Sgku WAX paurR cot"T Rox Pullbox/Handhole Downtown Redevelopement Phase II Conduit, Sweeps, Manholes, and Pullbox Purchasing Quantities Item Phase II Red 6" Conduit 10,440 ft Red 4" Conduit 11,450 ft Red 6" 90 degree 4 ea Red 4" 90 degree 36 ea Black 4" Conduit 2,540 ft Black 4" 90 degree 7 ea LP&L Fiber Pullbox 2 ea Purple 4" Conduit 8,200 ft Purple 2" Conduit 1,440 ft Purple 4" 90 degree 66 ea Purple 2" 90 degree 82 ea City of Lubbock Pullbox 19 ea Blue 4" Conduit 8,200 ft Blue 2" Conduit 1,440 ft Blue 4" 90 degree 66 ea Blue 2" 90 degree 81 ea Suddenlink Pullbox 19 ea Green 4" Conduit 11,540 ft Green 2" Conduit 1,440 ft Green 4" 90 degree 87 ea Green 2" 90 degree 81 ea Putt ll//��bo��^xrraa 1!!9 ea ,,,,pp Oqr a Eyg���riSil!, 4" i.,i�F duct Orange qq 12,4650 3g« Ot4nge 2' C-ondui4 4,360 ft Orange 4" 90 de ;Fee 9:1, ea V rGZY£�ge 2 90 de, r e e 49 ea $ s ' 4V3,'<3 f0la$'1, ole 4 Fink 4" Conduits 7,700 ft Pink 4' 90 degree 32 ea Plateau/Voka Lambro Pall#saxes 6 ea _.s 15 F — 7--- _ r"'--_-1 ��____�; j a� rST ❑❑9TH ST 9wmaraenF-1 F-1 F-1 F-1 gOVfE 'V////^� 10f MAIN ST �H LLw uj w Q 4 Q F a F— F- BROADWAY ❑W 0 -Z 2 CT— F-1 F-1 F-1 F-1 F-1 F-1 F FIF-1 FIF-1 FIF-1 13 ST 14TH ST w z > > co a a a a a a �' werm�a 157HST FOR BID PURPOSES ONLY cv��csan®�mmrlr�a ii DOWNTOWN REDEVELOPMENT PHASEII TEXAS Cl 9THjTwz F-1 F-1 Q Qai 10TED H❑❑❑ MAIN ST I H HH a. 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