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HomeMy WebLinkAboutResolution - 2012-R0480 - Contract - Lubbock Tree Sales - Parks Turf Maintenance - 12/06/2012No Text CITY OF LUBBOCK SPECIFICATIONS FOR COURT RESURFACING AT BURGESS RUSHING TENNIS CENTER RFP #07-723-DD Contract #7975 Drawings & Specifications may be viewed and downloaded from www.rfoder)ot.com "A City of Planned Progress " CITY OF LUBBOCK Lubbock, Texas CITY OF LUBBOCK REQUEST FOR PROPOSALS TITLE: COURT RESURFACING AT BURGESS RUSHING TENNIS CENTER ADDRESS: LUBBOCK, TEXAS RFP NUMBER: 07-723-DD PROJECT NUMBER: 9497.8304.20000 CONTRACT PREPARED BY: PUBLIC WORKS CONTRACTING OFFICE City of Lubbock PUBLIC WORKS CONTRACTING OFFICE SUITE 102, MUNICIPAL BUILDING 1625 13'" STREET LUBBOCK, TEXAS 79401 PH:(806)775-2168 FAX:(806)775-3326 littp://purchasing.pi.lubbock.tx.us RFP07-723-DD, Addendum # 1 ADDENDUM # 1 RFP 07-723-DD COURT RESURFACING AT BURGESS RUSHING TENNIS CENTER DATE ISSUED: July 19, 2007 OLD CLOSE DATE: July 19, 2007 @ 2:00 P.M. NEW CLOSE DATE: July 23, 2007 @ 2:00 P.M. The following items take precedence over specifications for the above named Request for Proposals (RFP). Where any item called for in the RFP documents is supplemented here, the original requirements, not affected by this addendum, shall remain in effect. 1. Due date and time are CHANGED from July 19, 2007 at 2:00 P.M. to July 23, 2007 @ 2:00 P.M. All requests for additional information or clarification must be submitted in writing and directed to: Darlene Doss, Buyer, City of Lubbock, P.O. Box 2000, Lubbock, Texas 79457 Questions may be faxed to (806)775-2164 or Email to ddoss &miy-I tbbock.us. THANK YOU, CITY OF LUBBOCK Darlene Doss Buyer It is the intent and purpose of the City of Lubbock that this request permits competitive bids. It shall be the offeror's responsibility to advise the City of Lubbock Public Works Contracting Officer if any language requirements etc or any combinations thereof, inadvertently restricts or limits the requirements stated in this RFP to a single source. Such notification must be submitted in writing and must be received by the Interim Public Works Contracting Officer no later than five (5) business days prior to the bid close date. A review of such notifications will be made. '.._a RFP07-723-DDadl *****MUST BE SUBMITTED WITH BID / PROPOSAL***** City of Lubbock, TX Public Works Contracting Office Contractor Checklist for RFP # 07-723-DD Before submitting your proposal, please ensure you have completed the following: I. LL Carefully read and understand the plans and specifications and properly complete the PROPOSAL SUBMITTAL FORM. Proposal submittal form MUST be completed in blue or black ink or by typewriter. Signatures must be original, in blue or black ink, and by hand. Amounts shall be written in both words and numerals and in the event of a discrepancy the amounts written in words shall govern. Include corporate seal and Secretary's signature. Identify addenda received (if any). Include firm's FEDERAL TAX ID number or Owner's SOCIAL SECURITY number. 2. _ Complete and sign the CITY OF LUBBOCK INSURANCE REQUIREMENT AFFIDAVIT. This must include the signature of the agent or broker. Contractor's signature must be original. 3./ Complete and sign the SAFETY RECORD QUESTIONNAIRE. All "YES" responses must be explained in detail and submitted with Bid / Proposal. 4.-- Complete and sign the SUSPENSION AND DEBARMENT CERTIFICATION. Include firm's FEDERAL TAX ID number or Owner's SOCIAL SECURITY - number. 5. Carefully read the BASIS OF PROPOSALS and EVALUATION CRITERIA in paragraph 32 of the General Instructions to Offeror's. Ensure ALL criteria are addressed in your submittal. Complete and submit the "Statement of Qualifications" with your proposal. 6. Clearly mark the proposal number, title, due date and time and your company name and address on the outside of the envelope or container. 7. C�(- Include PROPOSAL BOND or CASHIER'S OR CERTIFIED CHECK as your proposal surety. Failure to provide a proposal surety WILL result in automatic rejection of your proposal. 8. tLEnsure your proposal is RECEIVED by the City of Lubbock Public Works Contracting Office prior to the deadline. Late proposals will not be accepted. FAILURE TO PROVIDE ANY OF THE ABOVE MAY RESULT IN YOUR PROPOSAL BEING DEEMED NON -RESPONSIVE AND, THEREFORE, NOT FURTHER EVALUATED. PLEASE INCLUDE THIS COMPLETED PAGE AS THE FIRST PAGE OF YOUR PROPOSAL SUBMITTAL. A& &y6a 06uz� C� (Please type or print company / firm name) *****MUST BE SUBMITTED WITH BID / PROPOSAL***** City of Lubbock Public Works Contracting Office In an effort to better serve our suppliers, the City of Lubbock Public Works Contracting Office is conducting the following survey. We appreciate the time and effort expended to submit your offer. Please take an additional moment to complete the information below. If you have any questions or need more information, please call (806)775-2163. City of Lubbock RFP07-723-DD HOW DID YOU RECEIVE NOTICE OF THIS REQUEST FOR PROPOSAL? Lubbock Avalanche Journal? Yes No The Daily Commercial Record? Yes No From Plan Room or other type of service? Yes No Did you access the City of Lubbock website to search for bids? Yes No Facsimile or email from RFP Depot.com? Yes No Did you download from your home computer? Yes No Did you download from your company computer? Yes No Requested a copy from Lubbock Public Works Contracting Office? Yes No Are you a member of VP Depot? Yes No Other: THANK YOU. (Please Print or Type Company Name) INDEX 1. NOTICE TO OFFERORS 2. GENERAL INSTRUCTIONS TO OFFERORS 3. TEXAS LOCAL GOVERNMENT CODE § 271.116 4. PROPOSAL SUBMITTAL - PROPOSAL FOR UNIT PRICE CONTRACTS 4.1 Contractor Checklist 4.2 Proposal Submittal Form 4.3 City of Lubbock Insurance Requirement Affidavit 4.4 Safety Record Questionnaire 4.5 Suspension and Debarment Certification 4.6 City of Lubbock Statement of Qualifications 5. PAYMENT BOND 6. PERFORMANCE BOND 7. CERTIFICATE OF INSURANCE 8. CONTRACT 9. GENERAL CONDITIONS OF THE AGREEMENT 10. CURRENT WAGE DETERMINATIONS 11. SPECIFICATIONS NOTICE TO OFFERORS NOTICE TO OFFERORS RFP #07-723-DD Sealed proposals addressed to Bruce MacNair, Public Works Contracting Officer, City of Lubbock, Texas, will be received in the office of the Public Works Contracting Officer, Municipal Building, 1625 13th Street, Room 204, Lubbock, Texas, 79401, until 2:00 P.M. on July 19 2007 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: "COURT RESURFACING AT BURGESS RUSHING TENNIS CENTER" After the expiration of the time and date above first written, said sealed proposals will be opened in the office of the Public Works Contracting Officer and publicly read aloud. It is the sole responsibility of the proposer to ensure that his proposal is actually in the office of the Public Works Contracting Officer for the City of Lubbock, before the expiration of the date above first written. Proposals are due at 2:OOP.M. on July 19 2007 and the City of Lubbock City Council will consider the proposals on AuEust 9, 2007 at the Municipal Building, 1625 13th Street, Lubbock, Texas, or as soon thereafter as may be reasonably convenient, subject to the right to reject any or all proposals and waive any formalities. The successful proposer 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 proposer will be required to furnish a payment bond in accordance with Chapter 2253, Government Code, in the amount of 100% of the total contract price in the event that said contract price exceeds $25,000. Said statutory bonds should be issued by a company carrying a current Best Rating of B or superior. Offerors 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 proposal 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 proposal submitted as a guarantee that proposer 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 PROPOSER TO INCLUDE _ < PROPOSAL SECURITY WITH THE PROPOSAL SUBMITTAL SHALL CONSTITUTE A NONRESPONSIVE PROPOSAL AND RESULT IN DISQUALIFICATION OF THE PROPOSAL SUBMITTAL. It shall be each proposer'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 proposal submitted. There will be a non -mandatory pre - proposal conference on July 10, 2007 at 9:00 A.M., in the Park Development Conference Room at 1010 Wh Street Lubbock, Texas. Offerors may view and download drawings and specifications without charge from www.rfi)devot.com . Attention of each proposer is particularly called to the schedule of general prevailing rate of per diem wages included in the contract documents on file in the office of the Public Works Contracting Officer of the City of Lubbock, which document is specifically referred to in this notice to offerors. Each offerors attention is further directed to provision of Article 5159a, Vernon's Ann. Civil St., 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 all offerors that in regard to any contract entered into pursuant to this advertisement, minority and women business enterprises will be afforded equal opportunities to submit proposals 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- __, proposal meetings and proposal openings are available to all persons regardless of disability. If you require special assistance, please contact the Public Works Contracting Office at (806) 775-2168 or write to Post Office Box 2000, Lubbock, Texas 79457 at least 48 hours in advance of the meeting. CITY OF LUBBOCK SUM WMM. BRUCE MACNAIR, PUBLIC WORKS CONTRACTING OFFICER GENERAL INSTRUCTIONS TO OFFERORS GENERAL INSTRUCTIONS TO OFFERORS 1 PROPOSAL DELIVERY TIME & DATE The City of Lubbock is seeking written and sealed competitive proposals to furnish COURT RESURFACING AT BURGESS RUSHING TENNIS CENTER per the attached specifications and contract documents. Sealed proposals will be received no later than 2:00 P.M. CST, July 19, 2007 at the office listed below. Any proposal received after the date and hour specified will be rejected and returned unopened to the proposer. Each proposal and supporting documentation must be in a sealed envelope or container plainly labeled in the lower left-hand corner: "RFP#07-723-DD, COURT RESURFACING AT BURGESS RUSHING TENNIS CENTER "and the proposal opening date and time. Offerors must also include their company name and address on the outside of the envelope or container. Proposals must be addressed to: Darlene Doss, Buyer Public Works Contracting Office City of Lubbock 1625 13th Street, Room 204 Lubbock, Texas 79401 1.1 Offerors are responsible for making certain proposals are delivered to the Public Works Contracting Office. Mailing of a proposal does not ensure that it will be delivered on time or delivered at all. If proposer does not hand deliver proposal, we suggest that he/she use some sort of delivery service that provides a receipt. 1.2 Proposals will be accepted in person, by United States Mail, by United Parcel Service, or by private courier service. No proposals will be accepted by oral communication, telephone, electronic mail, telegraphic transmission, or telefacsimile transmission. THE CITY WILL NOT ACCEPT FAX PROPOSALS. 1.3 The City of Lubbock reserves the right to postpone the date and time for opening proposals through an addendum. 2 PRE -PROPOSAL MEETING 2.1 For the purpose of familiarizing offerors with the requirements, answering questions, and issuing addenda as needed for the clarification of the Request for Proposals (RFP) documents, a non- i.crcivuniau� •,unlerence moom at iglu-9"" Street Lubbock, Texas. All persons attending the meeting will be asked to identify themselves and the prospective proposer they represent. 2.2 It is the proposer's responsibility to attend the pre -proposal meeting though the meeting is not mandatory. The City will not be responsible for providing information discussed at the pre - proposal meeting to offerors who do not attend the pre -proposal meeting. 3 ADDENDA & MODIFICATIONS 3.1 Any changes, additions, or clarifications to the RFP are made by ADDENDA information available over the Internet at httl2://www.RFPdepot.com. We strongly suggest that you check for any addenda a minimum of forty-eight hours in advance of the response deadline. BUSINESSES WITHOUT INTERNET ACCESS may use computers available at most QjLblic libraries. 3.2 Any proposer in doubt as to the true meaning of any part of the specifications or other documents may request an interpretation thereof from the Public Works Contracting Office. At the request of the proposer, or in the event the Public Works Contracting Office deems the interpretation to be substantive, the interpretation will be made by written addendum issued by the Public Works Contracting Office. Such addenda issued by the Public Works Contracting Office will be www.RFPdenot.com and will become part of the proposal available over the Internet at http•//i package having the same binding effect as provisions of the original RFP. NO VERBAL EXPLANATIONS OR INTERPRETATIONS WILL BE BINDING. In order to have a request for interpretation considered, the request must be submitted in writing and must be received by the City of Lubbock Public Works Contracting Office no later than five (5) days before the proposal 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 Public Works Contracting Office in writing or �- in this RFP should be used in preparing proposal responses. All contacts that a proposer may have had before or after receipt of this RFP 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 proposal should be disregarded in preparing responses. 3.4 The City does not assume responsibility for the receipt of any addendum sent to offerors. 4 EXAMINATION OF DOCUMENTS AND REQUIREMENTS 4.1 Each proposer shall carefully examine all RFP documents and thoroughly familiarize itself with all requirements before submitting a proposal to ensure that their proposal meets the intent of these specifications. 4.2 Before submitting a proposal, each proposer shall be responsible for making all investigations and examinations that are necessary to ascertain conditions and requirements affecting the Request for Proposals. Failure to make such investigations and requirements of this examinations shall not relieve the proposer from obligation to comply, in every detail, with all provisions and requirements of the Request for Proposals. 4.3 Notices of any discrepancies or omissions in these plans, specifications, or contract to the Public Works Contracting Officer and a clarification -documents, shall be given obtained before the proposals are received, and if no such notice is received by the Public Works Contracting Officer prior to the opening of proposals, then it shall be deemed that the proposer fully understands the work to be included and has provided sufficient sums in its proposal to complete the work in accordance with these plans and specifications. If proposer does not notify the Public Works Contracting Officer before offering of any it be deemed for all purposes that the plans and discrepancies or omissions, then shall 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 proposals. 5 PROPOSAL PREPARATION COSTS 5.1 Issuance of this RFP does not commit the City of Lubbock, in any way, to pay any costs incurred in the preparation and submission of a proposal. 5.2 The issuance of this RFP does not obligate the City of Lubbock to enter into contract for any services or equipment. 5.3 All costs related to the preparation and submission of a proposal shall be paid by the proposer. 6 TRADE SECRETS CONFIDENTIAL INFORMATION AND THE TEXAS PUBLIC - INFORMATION ACT 6.1 If you consider any portion of your proposal to be privileged or confidential by statute or judicial decision, including trade secrets and commercial or financial information, clearly identify those portions. 6.2 The City of Lubbock will -honor your notations of trade secrets and confidential information and decline to release such information initially, but please note that the final determination of whether a particular portion of your proposal 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 proposal 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 proposal CONFIDENTIAL/PROPRIETARY is not in conformance with the Texas Open Records Act. 7 LICENSES, PERMITS TAXES The price or prices for the work shall include full compensation for all taxes, permits, etc. that the proposer is or may be required to pay. 8 UTILIZATION OF LOCAL BUSINESS RESOURCES Prospective offerors are strongly encouraged to explore and implement methods for the utilization of local resources, and to outline in their proposal submittal how they would utilize local resources. 9 CONFLICT OF INTEREST 9.1 The proposer 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 proposal, the proposer certifies and represents to the City the offeror has not offered, conferred or agreed to confer any pecuniary benefit or other thing of value for the receipt of special treatment, advantage, information, recipient's decision, opinion, recommendation, vote or any other exercise of discretion concerning this proposal. 10 CONTRACT DOCUMENTS 10.1 All work covered by the contract shall be done in accordance with contract documents described - in the General Conditions. 10.2 All offerors 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 OFFERORS It is the intent of the City of Lubbock that all parties with an interest in submitting a proposal on the project covered by the contract documents be given a reasonable opportunity to examine the documents and prepare a proposal without charge or forfeiture of deposit. The contract documents may be examined without charge as noted in the Notice to Offerors. 12 PROPOSER INQUIRIES AND CLARIFICATION OF REQUIREMENTS 12.1 It is the intent and purpose of the City of Lubbock that this request permits competitive proposals. It shall be the offerors responsibility to advise the Public Works Contracting Officer if any language, requirements etc or any combinations thereof, inadvertently restricts or limits the requirements stated in this RFP to a single source. Such notification must be submitted in writing and must be received by the City of Public Works Contracting Office no later than five (5) calendar days before the proposal closing date. A review of such notifications will be made. 12.2 NO PROPOSER SHALL REQUEST ANY INFORMATION VERBALLY. ALL REQUESTS FOR ADDITIONAL INFORMATION OR CLARIFICATION CONCERNING THIS REQUEST FOR PROPOSALS (RFP) MUST BE SUBMITTED IN WRITING NO LATER THAN FIVE (5) CALENDAR DAYS PRIOR TO THE PROPOSAL CLOSING DATE AND ADDRESSED TO: Darlene Doss, Buyer City of Lubbock Public Works Contracting Office 1625 13th Street, Suite 102 Lubbock, Texas 79401 Fax: 806-775-3326 or 806-767-2275 Email: ddoss(c mvlubbock.us RFPDepot: http://www.RFPdepot.com 13 TIME AND ORDER FOR COMPLETION 13.1 The construction covered by the contract documents shall be substantially completed within THIRTY (30) CALENDAR DAYS from the date specified in the Notice to Proceed issued by the City of Lubbock to the successful proposer. 13.2 The Contractor will be permitted to prosecute the work in the order of his own choosing, provided, however, the City reserves the right to require the Contractor to submit a progress schedule of the work contemplated by the contract documents. In the event the City requires a progress schedule to be submitted, and it is determined by the City that the progress of the work is not in accordance with the progress schedule so submitted, the City may direct the Contractor to take such action as the City deems necessary to ensure completion of the project within the time specified. 14 PAYMENT All payments due to Contractor shall be made in accordance with the provisions of the General i Conditions of the contract documents. 15 AFFIDAVITS OF BILLS PAID The City of Lubbock reserves the right, prior to final acceptance of this project to require the Contractor to execute an affidavit that all bills for labor, materials and incidentals incurred in the construction of the improvements contemplated by the contract documents have been paid in full and that there are no claims pending, of which the Contractor has been notified. 16 MATERIALS AND WORKMANSHIP The intent of these contract documents is that only materials and workmanship of the best quality and grade will be furnished. The fact that the specifications may fail to be sufficiently complete in some detail will not relieve the Contractor of full responsibility for providing materials of high quality and for protecting them adequately until incorporated into the project. The presence or absence of a - representative of the City on the site will not relieve the Contractor of full responsibility of complying with this provision. The specifications for materials and methods set forth in the contract documents provide minimum standards of quality, which the Owner believes necessary to procure a satisfactory project. 17 GUARANTEES 17.1 All equipment and materials incorporated in the project and all construction shall be guaranteed against defective materials and workmanship. Prior to final acceptance, the Contractor shall furnish to the Owner, a written general guarantee which shall provide that the Contractor shall remedy any defects in the work, and pay for any and all damages of any nature whatsoever resulting in such defects, when such defects appear within ONE year from date of final acceptance of the work as a result of defective materials or workmanship, at no cost to the Owner (City of Lubbock). 17.2 Notwithstanding any provisions contained in the contractual agreement, the Contractor represents and warrants fault -free performance and fault -free result in the processing date and date -related data (including, but not limited to calculating, comparing and sequencing) of all hardware, software and firmware products delivered and services provided under this Contract, individually or in combination, as the case may be from the effective date of this Contract. Also, the Contractor warrants calculations will be recognized and accommodated and will not, in any way, result in hardware, software or firmware failure. The City of Lubbock, at its sole option, may require the Contractor, at any time, to demonstrate the procedures it intends to follow in order to comply with all the obligations contained herein. 17.3 The obligations contained herein apply to products and services provided by the Contractor, its sub -contractor or any third party involved in the creation or development of the products and services to be delivered to the City of Lubbock under this Contract. Failure to comply with any of the obligations contained herein, may result in the City of Lubbock availing itself of any of its rights under the law and under this Contract including, but not limited to, its right pertaining to termination or default. 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. 18 PLANS FOR THE CONTRACTOR The contractor will, upon written request, be furnished up to ten 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. 19 PROTECTION OF THE WORK The Contractor shall be responsible for the care, preservation, conservation, and protection of all materials, supplies, machinery, equipment, tools, apparatus, accessories, facilities, and all means of construction, and any and all parts of the work whether the Contractor has been paid, partially paid, or not paid for such work, until the date the City issues its certificate of completion to Contractor. The City reserves the right, after the proposals have been opened and before the contract has been awarded, to require of a proposer the following information: (a) The experience record of the proposer 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 proposer. (c) Equipment schedule. 20 TEXAS STATE SALES TAX 20.1 This contract is issued by an organization which qualifies for exemption provisions pursuant to provisions of Article 20.04 of the Texas Limited Sales, Excise and Use Tax Act. 20.2 The Contractor must obtain a limited sales, excise and use tax permit which shall enable him to buy the materials to be incorporated into the work without paying the tax at the time of purchase. 21 PROTECTION OF SUBSURFACE LINES AND STRUCTURES It shall be the Contractor's responsibility to prosecute the work contemplated by the contract documents in such a way as to exercise due care to locate and prevent damage to all underground pipelines, utility lines, conduits or other underground structures which might or could be damaged by Contractor during the construction of the project contemplated by these contract documents. The City of Lubbock agrees that it will furnish Contractor the location of all such underground lines and utilities of which it has knowledge. However, such fact shall not relieve the Contractor of his responsibilities aforementioned. All such underground lines or structures cut or damaged by Contractor during the prosecution of the work contemplated by this contract shall be repaired immediately by Contractor to the satisfaction of the City of Lubbock, Texas, at Contractor's expense. 22 BARRICADES AND SAFETY MEASURES The contractor shall, at his own expense, furnish and erect such barricades, fences, lights and danger signals, and shall take such other precautionary measures for the protection of persons, property and the work as may be necessary. The Contractor will be held responsible for all damage to the work due to failure of barricades, signs, and lights to protect it, and when damage is incurred, the damaged portion shall be immediately removed and replaced by Contractor at his own cost and expense. The Contractor's responsibility for maintenance of barricades, signs, and lights shall not cease until the date of issuance to Contractor of City's certificate of acceptance of the project. 23 EXPLOSIVES 23.1 The use of explosives will not be permitted unless written permission to do so is obtained by the Contractor from the City. In all cases where written permission is obtained for the use of explosives, the Contractor shall assume full responsibility for all damage, which may occur as a direct or indirect result of the blasting. In addition, in all cases where explosives are authorized to be used, the Contractor shall use utmost care so as not to endanger life or property and the Contractor shall further use only such methods as are currently utilized by persons, firms, or corporations engaged in similar type of construction activity. 23.2 Explosive materials shall not be stored or kept at the construction site by the Contractor. 23.3 In all cases where explosives are to be used during the construction of the project contemplated by this contract, it shall be the duty of the Contractor to notify each utility company having structures (above or below the ground) in proximity to the site of the work of Contractor's intention to use explosives, and such notice shall be given sufficiently in advance to enable the companies to take such steps as they may deem necessary to protect their property from injury. Such notice, however, shall not relieve the Contractor of responsibility for any damage resulting from his blasting operations. 24 CONTRACTOR'S REPRESENTATIVE The successful proposer shall be required to have a responsible local representative available at all times while the work is in progress under this contract. The successful proposer shall be required to furnish the name, address and telephone number where such local representative may be reached during the time that the work contemplated by this contract is in progress. 25 INSURANCE 25.1 The Contractor shall not commence work under this contract until he has obtained all insurance as required in the General Conditions of the contract documents, from an underwriter authorized to do business in the State of Texas and satisfactory to the City. Proof of coverage shall be furnished to the City and written notice of cancellation or any material change will be provided ten (10) days in advance of cancellation or change. All policies shall contain an agreement on the part of the insurer waiving the right to subrogation. The Contractor shall procure and carry at his sole cost and expense through the life of this contract, insurance protection as hereinafter specified. Coverage in excess of that specified herein also shall be acceptable. Such insurance shall be carried with an insurance company authorized to transact business in the State of Texas and shall cover all operations in connection with this contract, whether performed by the Contractor or a subcontractor, or separate policies shall be provided covering the operation of each subcontractor. A certificate of insurance specifying each and all coverages shall be submitted before contract execution. 25.2 PROOF OF COVERAGE SHALL BE FURNISHED TO THE CITY OF LUBBOCK IN THE FORM OF A CERTIFICATE OF INSURANCE. THE INSURANCE CERTIFICATES FURNISHED SHALL NAME THE CITY OF LUBBOCK AS A PRIMARY ADDITIONAL INSURED AND PROVIDE A WAIVER OF SUBROGATION IN FAVOR OF THE CITY OF LUBBOCK AS REQUIRED BELOW, OR IN THE ALTERNATIVE, SHALL BE ACCOMPANIED BY A STATEMENT FROM THE CONTRACTOR TO THE EFFECT THAT NO WORK ON THIS PARTICULAR PROJECT SHALL BE SUBCONTRACTED. IT SHALL BE THE CONTRACTOR'S RESPONSIBILITY TO PROVIDE TO THE OWNER ALL PROOF OF COVERAGE INSURANCE DOCUMENTS INCLUDING WORKERS COMPENSATION COVERAGE FOR EACH SUBCONTRACTOR. 26 LABOR AND WORKING HOURS 26.1 Attention of each proposer 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 proposer' attention is further directed to the requirements of Article 5159a, Vernon's Annotated Civil Statutes providing for the payment of the wage schedules above mentioned and the proposer's obligations thereunder. The inclusion of the schedule of general prevailing rate of per diem wages in these contract documents does not release the Contractor from compliance with any wage law that may be applicable. Construction work under this contract requiring an inspector will not be performed on weekends or 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 F Contractor is approaching the penalty provisions of the contract and Contractor can show he has made a diligent effort to complete the contract within the allotted time. 26.2 Before construction work requiring an inspector is to be performed on weekends or holidays, the 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 �Y requiring an inspector on weekends or holidays will be made by the Owner's Representative. 26.3 In any event, if a condition should occur or arise at the site of this project or from the work being done under this contract which is hazardous or dangerous to property or life, the Contractor shall immediately commence work, regardless of the day of the week or the time of day, to correct or alleviate such condition so that it is no longer dangerous to property or life. 27 PAYMENT OF EMPLOYEES AND FILING OF PAYROLLS The contractor and each of his subcontractors shall pay each of his employees engaged in work on the project under this contract in full (less mandatory legal deductions) in cash, or by check readily cashable without discount, not less often than once each week. The Contractor and each of his subcontractors engaged at the site of the work shall not later than the seventh day following the payment of wages, file with the Owner's Representative, or Engineer, a certified, sworn, legible copy of such payroll. This shall contain the name of each employee, his classification, the number of hours worked on each day, rate of pay, and net pay. The affidavit shall state that the copy is a true and correct copy of such payroll, that no rebates or deductions (except as shown) have been made, or will in the future be made from the wages paid as shown thereon. The Contractor must classify employees according to one of the classifications set forth in the schedule of general prevailing rate of per diem wages, which schedule is included in the contract documents. The Contractor shall forfeit as a penalty to the City of Lubbock on whose behalf this contract is made, ten dollars for each laborer, workman, or mechanic employed for each calendar day, or portion thereof, such laborer, workman or mechanic is paid less than the wages assigned to his particular classification as set forth in the schedule of general prevailing rate of per diem wages included in these contract documents. 28 PROVISIONS CONCERNING ESCALATION CLAUSES _ Proposals submitted containing any conditions which provide for changes in the stated proposal 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 proposer without being considered. 29 PREPARATION FOR PROPOSAL 29.1 The proposer shall submit his proposal on forms furnished by the City. All blank spaces in the _ form shall be correctly filled in and the proposer shall state the price both in words and numerals, for which he intends to do the work contemplated or furnish the materials required. Such prices shall be written in ink, distinctly and legibly, or typewritten. In case of discrepancy between the _ price written in words and the price written in figures, the price written in words shall govern. 29.2 If the proposal is submitted by an individual, his name must be signed by him or his duly authorized agent. If a proposal is submitted by a firm, association, or partnership, the name and address of each member must be given and the proposal signed by a member of the firm, association or partnership, or person duly authorized. If the proposal is submitted by a company or corporation, the company or corporate name and business address must be given, and the proposal signed by an official or duly authorized agent. Powers of attorney authorizing agents or others to sign proposals must be properly certified and must be in writing and submitted with the E proposal. The proposal shall be executed in ink. i W% 31 29.3 Each proposal shall be enclosed in a sealed envelope, addressed as specified in the Notice to Offerors, and endorsed on the outside of the envelope in the following manner: 28.3.1 Proposer's name 28.3.2 Proposal for (description of the project). 29.4 Proposal submittals may be withdrawn and resubmitted at any time before the time set for opening of the proposals, but no proposal may be withdrawn or altered thereafter. 29.5 Pursuant to Texas Local Government Code 252.043(g), a competitive sealed proposal that has been opened may not be changed for the purpose of correcting an error in the proposal price. THEREFORE, ANY CORRECTIONS TO THE PROPOSAL PRICE MUST BE MADE ON THE PROPOSAL SUBMITTAL FORM PRIOR TO PROPOSAL OPENING. BOUND COPY OF CONTRACT DOCUMENTS Proposer understands and agrees that the contract to be executed by proposer shall be bound and include the following: (a) Notice to Offerors. (b) General Instructions to Offerors. (c) Proposer's Submittal. (d) Statutory Bond (if required). (e) Contract Agreement. (f) General Conditions. (g) Special Conditions (if any). (h) Specifications. (i) Insurance Certificates for Contractor and all Sub -Contractors. (j) All other documents made available to proposer for his inspection in accordance with the Notice to Offerors. 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 OFFERORS The proposer 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 proposer may also be required to give a past history and references in order to satisfy the City of Lubbock about the proposer's qualifications. The City of Lubbock may make reasonable investigations deemed necessary and proper to determine the ability of the proposer to perform the work, and the proposer shall furnish to the City of Lubbock all information for this purpose that may be requested. The proposer's proposal may be deemed not to meet specifications or the proposal may be rejected if the evidence submitted by, or investigation of, the proposer fails to satisfy the City of Lubbock that the proposer is properly qualified to carry out the obligations of the contract and to complete the work described therein. Evaluation of the proposer's qualifications shall include but not be limited to: (a) The ability, capacity, skill, and financial resources to perform the work or provide the service required. (b) The ability of the proposer 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 proposer. (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 BASIS OF PROPOSALS AND SELECTION CRITERIA The City of Lubbock will use the Competitive Sealed Proposals procurement method as authorized by the Texas Legislature and further defined by Texas Local Government Code Section 271.116. The selection criteria used to evaluate each proposal will include the following: 32.1 40% Price. 32.2 40% Resume and references of proposed job superintendent. City shall have an opportunity to interview the job superintendent at a time to be named after receipt of proposals. 32.3 5% Safety record questionnaire 32.4 15% Construction time. The estimated budget for the construction phase of this project is 40,000. Proposals shall be made using the enclosed Proposal Form. 33 SELECTION 33.1 Selection shall be based on the responsible offeror whose proposal is determined to be the most advantageous to the City of Lubbock considering the relative importance of evaluation factors included in this RFP. 33.2 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 REQUEST FOR PROPOSAL. 33.3 The City shall select the offeror that offers the best value for the City based on the published selection criteria and on its ranking evaluation. The City shall first attempt to negotiate a contract with the selected offeror. The City and its engineer or architect may discuss with the selected offeror options for a scope or time modification and any price change associated with the modification. If the City is unable to negotiate a contract with the selected offeror, the City shall, formally and in writing, end negotiations with that offeror and proceed to the next offeror in the order of the selection ranking until a contract is reached or all proposals are rejected. 33.4 In determining best value for the City, the City is not restricted to considering price alone, but may consider any other factor stated in the selection criteria. 33.5 A proposal will be subject to being considered irregular and may be rejected if it shows omissions, alterations of form, conditional alternate proposals, additions or alternates in lieu of the items specified, if the unit prices are obviously unbalanced (either in excess of or below reasonably expected values), or irregularities of any kind. " TEXAS LOCAL GOVERNMENT CODE � 271.116 SELECTING CONTRACTOR FOR CONSTRUCTION SERVICES THROUGH COMPETITIVE SEALED PROPOSALS t § 271.116. SELECTING CONTRACTOR FOR CONSTRUCTION SERVICES THROUGH COMPETITIVE SEALED PROPOSALS. (a) In selecting a contractor through competitive sealed proposals for construction, rehabilitation, alteration, or repair services for a facility or for construction of a project to which Section 252.043(d-1) applies, a governmental entity shall follow the procedures prescribed by this section. (b) The governmental entity shall select or designate an engineer or architect to prepare construction documents for the project. The selected or designated engineer or architect has full responsibility for complying with Chapter 1001 or 1051, Occupations Code, as applicable. If the engineer or architect is not a full-time employee of the governmental entity, the governmental entity shall select the engineer or architect on the basis of demonstrated competence and qualifications as provided by Section 2254.004, Government Code. (c) The governmental entity shall provide or contract for, independently of the contractor, the inspection services, the testing of construction materials engineering, and the verification testing services necessary for acceptance of the facility or project by the governmental entity. The governmental entity shall select those services for which it contracts in accordance with Section 2254.004, Government Code, and shall identify them _ in the request for proposals. (d) The governmental entity shall prepare a request for competitive sealed proposals that includes construction documents, selection criteria, estimated budget, project scope, schedule, and other information that contractors may require to respond to the request. The governmental entity shall state in the request for proposals the selection criteria that will be used in selecting the successful offeror. (e) The governmental entity shall receive, publicly open, and read aloud the names of the offerors and, if any are required to be stated, all prices stated in each proposal. Not later than the 45th day after the date of opening the proposals, the governmental entity shall evaluate and rank each proposal submitted in relation to the published selection criteria. (f) The governmental entity shall select the offeror that offers the best value for the governmental entity based on the published selection criteria and on its ranking evaluation. The governmental entity shall first attempt to negotiate a contract with the selected offeror. The governmental entity and its engineer or architect may discuss with the selected offeror options for a scope or time modification and any price change associated with the modification. If the governmental entity is unable to negotiate a contract with the selected offeror, the governmental entity shall, formally and in writing, end negotiations with that offeror and proceed to the next offeror in the order of the selection ranking until a contract is reached or all proposals are rejected. (g) In determining best value for the governmental entity, the governmental entity is not restricted to considering price alone, but may consider any other factor stated in the selection criteria. PROPOSAL SUBMITTAL ALL PAGES CONTAINED WITHIN THIS SECTION MUST BE SUBMITTED WITH PROPOSAL 12 PROPOSAL SUBMITTAL UNIT PRICE PROPOSAL CONTRACT DATE: PROJECT NUMBER: #07-723-DD — COURT RESURFACING AT BURGESS RUSHING TENNIS CENTER Proposal of CIO (hereinafter called Offeror) To the Honorable Mayor and City Council City of Lubbock, Texas (hereinafter called Owner) Ladies and Gentlemen: The Offeror, in compliance with your Request for Proposals for the construction of a COURT RESURFACING AT BURGESS RUSHING TENNIS CENTER having carefully examined the plans, specifications, instructions to offerors, notice to offerors and all other related contract documents and the site of the intended work, and being familiar with all of the conditions surrounding the construction of the intended project including the availability of materials and labor, hereby intends to furnish all labor, materials, and supplies; and to construct the project in accordance with the plans, specifications and contract documents, within the time set forth therein and at the price stated below. The price to cover all expenses incurred in performing the work required under the contract documents. Estimated Item Quantity Total Amount No. & Unit Description of Item COURTS 1 & 2 A. 1 LS Power wash courts using a minimum of 3500 psi. Remove all loose and spalled, material. TOTAL ITEM A: $ /LS( ) (Unit Price Amounts shall be shown in both words and numerals. In case of discrepancy, the amount shown in words shall govem.) B. 1 LS Fill and level all cracks and depressed areas. TOTAL ITEM B: $ /LS( ) (Unit Price Amounts shall be shown in both words and numerals. In case of discrepancy, the amount shown in words shall govem.) C. 1 LS Apply base coat using approximately 1200 pounds of sand per court. Coating to be California products or approved equal. TOTAL ITEM C: $ /LS( ) (Unit Price Amounts shall be shown in both words and numerals. In case of discrepancy, the amount shown in words shall govem.) D. 1 LS Apply two color coats, blue on the interior of courts, green on the exterior of courts. City to select color. California products are to be used, or approved equal. TOTAL ITEM D: $ /LS( ) (Unit Price Amounts shall be shown in both words and numerals. In case of discrepancy, the amount shown in words shall govem.) Offeror's Initials Estimated Item Quantity No. & Unit Description of Item Total Amount E. I LS Stripe courts to USTA regulations. TOTAL ITEM E: $ /LS( ) (Unit Price Amounts shall be shown in both words and numerals. In case of discrepancy, the amount shown in words shall govem.) F. I LS Clean area of all materials. TOTAL ITEM #F: $ /LS( I (Unit Price Amounts shall be shown in both words and numerals. In case of discrepancy, the amount shown in words shall govern.) TOTAL, COURTS 1 & 2 ITEMS A - F: MATERIALS: LABOR: TOTAL CO S � &U ITEMS A - F: AJ/ C (Unit Price Amounts shall be shown in both words and numerals. In case of discrepancy, the amount shown in words shall govem.) COURTS 4 & 5 A. 1 LS Power wash courts using a minimum of 3500 psi. Remove all loose and spalled, material. TOTAL ITEM A: $ /LS( (Unit Price Amounts shall be shown in both words and numerals. In case of discrepancy, the amount shown in words shall govem.) ) B. 1 LS Fill and level all cracks and depressed areas. C. TOTAL ITEM B: (Unit Price Amounts shall be shwoth words and numerals. In case ofdiscrepancy, the amount shown in words shall govem.) ) D. 1 LS Apply base coat using approximately 1200 pounds of sand per court. Coating to be California products or approved equal. TOTAL ITEM C: $ /LS( (Unit Price Amounts shall be shown in both words and numerals. In cof dis case crepancy, the amount shown in words shall govern.) ) D. 1 LS Apply two color coats, blue on the interior of courts, green on the exterior of courts. City to select color. California products are to be used, or approved equal. TOTAL ITEM D: unts $ /LS( (Unit Price Amoshall be shown in both numeral words and s. In case of discrepancy, the amount shown in words shall govem.) ) Offeror's Initials Estimated Item Quantity Total Amount No. & Unit Description of Item E. 1 LS Stripe courts to USTA regulations. TOTAL ITEM E: (Unit Price Amounts shall be shown in both words and numerals. In case of discrepancy, the amount shown in words shall govern.) F. 1 LS Clean area of all materials. $ /LS( TOTAL ITEM F: (Unit Price Amounts shall be shown in both words and numerals. In case of discrepancy, the amount shown in words shall govern.) TOTAL, COURTS 4 & 5 ITEMS A - F: MATERIALS: LABOR: TOTAL LOURAJ �4&, ��f t$ITEMS A - F: (Unit Price Amounts shall be shown in both words and numerals. In case of discrepancy, the amount shown in words shall govern.) COURTS 7 & 8 A. 1 LS Power wash courts using a minimum of 3500 psi. Remove all loose and spalled, material. TOTAL ITEM A: $ /LS( � (Unit Price Amounts shall be shown in both words and numerals. Incase of discrepancy, the amount shown in words shall govern.) B. 1 LS Fill and level all cracks and depressed areas. C. TOTAL ITEM B: $ �S( ) (Unit Price Amounts shall be shown in both words and numerals. In case of discrepancy, the amount shown in words shall govern.) D. 1 LS Apply base coat using approximately 1200 pounds of sand per court. Coating to be California products or approved equal. /LS ) TOTAL ITEM C: T. (Unit Price Amounts shall be shown in both words and numerals. In case of discrepancy, the amount shown in words shall govern.) D. 1 LS Apply two color coats, blue on the interior of courts, green on the exterior of courts. City to select color. California products are to be used, or approved equal. TOTAL ITEM D: $ /LS( ) (Unit Price Amounts shall be shown in both words and numerals. In case of discrepancy, the amount shown in words shall govern.) (_ Offeror's Initials Estimated Item Quantity No. & Unit Description of Item Total Amount E. 1 LS Stripe courts to USTA regulations. TOTAL ITEM E: $ / LS ( ) (Unit Price Amounts shall be shown in both words and numerals. In case of discrepancy, the amount shown in words shall govem.) F. 1 LS Clean area of all materials. TOTAL ITEM F: $ / LS ( ) (Unit Price Amounts shall be shown in both words and numerals. In case of discrepancy, the amount shown in words shall govern.) TOTAL, COURTS 7 & 8 ITEMS A - F: MATERIALS: LABOR: $ TOTAL COUR/T��„ ITEMS A - F: ox G'Zu.C.: �� 4�r $ ��lS�!Q_ �7'%-_ (Unit Price Amounts shall be shown in both words and numerals. In case of discrepancy, the amount shown in words shall govem.) LW711Vr_1VW A. 1 LS Power wash courts using a minimum of 3500 psi. Remove all loose and spalled, material. TOTAL ITEM A: $ /LS( ) (Unit Price Amounts shall be shown in both words and numerals. In case of discrepancy, the amount shown in words shall govern.) B. 1 LS Fill and level all cracks and depressed areas. TOTAL ITEM B: $ / LS ( ) (Unit Price Amounts shall be shown in both words and numerals. In case of discrepancy, the amount shown in words shall govern.) C. 1 LS Apply base coat using approximately 1200 pounds of sand per court. Coating to be California products or approved equal. TOTAL ITEM C: $ / LS ( ) (Unit Price Amounts shall be shown in both words and numerals. In case of discrepancy, the amount shown in words shall govem.) D. 1 LS Apply two color coats, blue on the interior of courts, green on the exterior of courts. City to select color. California products are to be used, or approved equal. TOTAL ITEM D: $ / LS ( ) (Unit Price Amounts shall be shown in both words and numerals. In case of discrepancy, the amount shown in words shall govern.) Offeror's Initials 4 Estimated Item Quantity No. & Unit Description of Item Total Amount E. I LS Stripe courts to USTA regulations. TOTAL ITEM E: $ / LS ( ) (Unit Price Amounts shall be shown in both words and numerals. In case of discrepancy, the amount shown in words shall govem.) F. I LS Clean area of all materials. TOTAL ITEM F: $ / LS ( ) (Unit Price Amounts shall be shown in both words and numerals. In case of discrepancy, the amount shown in words shall govem.) TOTAL, COURT 9 ITEMS A - F: MATERIALS: $ LABOR: � TOTAL COUI X ' L ,,, c/a) $ ITEMS A - -A �t'�=- �V (Unit Pnshall be shown in both words and numerals. In o discrepancy, the amount shown in word shall govem.) COURTS 10 & 11 A. 1 LS Power wash courts using a minimum of 3500 psi. Remove all loose and spalled, material. TOTAL ITEM A: $ / LS ( ) (Unit Price Amounts shall be shown in both words and numerals. In case of discrepancy, the amount shown in words shall govern.) level all cracks and depressed areas. B. 1 LS Fill and p TOTAL ITEM B: $ / LS ( ) (Unit Price Amounts shall be shown in both words and numerals. In case of discrepancy, the amount shown in words shall govem.) C. I LS Apply base coat using approximately 1200 pounds of sand per court. Coating to be California products or approved equal. TOTAL ITEM C: $ / LS ( ) (Unit Price Amounts shall be shown in both words and numerals. In case of discrepancy, the amount shown in words shall govern.) D. I LS Apply two color coats, blue on the interior of courts, green on the exterior of courts. City to select color. California products are to be used, or approved equal. TOTAL ITEM D: $ / LS ( ) (Unit Price Amounts shall be shown in both words and numerals. In case of discrepancy, the amount shown in words shall govem.) Offeror's Initials Estimated - Item Quantity No. & Unit Description of Item Total Amount E. 1 LS Stripe courts to USTA regulations. TOTAL ITEM E: $ / LS ( ) (Unit Price Amounts shall be shown in both words and numerals. In case of discrepancy, the amount shown in words shall govern.) F. 1 LS Clean area of all materials. TOTAL ITEM F: $ / LS ( ) (Unit Price Amounts shall be shown in both words and numerals. In case of discrepancy, the amount shown in words shall govem.) TOTAL, COURT 10 & 11 ITEMS A - F: MATERIALS: $ LABOR: $ TOTAL COUR 1 <& 1 / l ITEMS A - F: �/tQ�(iG�Sa►•!C" /UI l�L���/�$q qyj G� (Unit Price Amounts shall be shown in both words and numerals. In case of discrepancy, the amount shown in words' shall govem.) TOTAL PROPOSAL MATERIALS: LABOR: $ TOTAL PROPOSAL Al l U`C Air! l�! (Unit Price Amounts s all be ihJwn in both words and nurlierals. In case of discrepancy, thVinfioint shown in words all govern.) �cwAArilA Cv}+NA la t '.�.,2ob1 cue ag.S i Offeror hereby agrees to commence thork on the above project on h p J a date to be specified m a wntten Notice to Proceed" of the Owner and to substantially complete the project within ( ?moo ) # Days Comoleted by Contractor written Davs Completed by Contractor CALENDAR DAYS thereafter as stipulated in Me specifications and other contract documents. Offeror hereby further agrees to pay to Owner as liquidated damages the sum of $25 (TWENTY-FIVE) for each calendar day in excess of the time set forth herein above for completion of this project, all as more fully set forth in the general conditions of the contract documents. Offeror understands and agrees that this proposal submittal shall be completed and submitted in accordance with instruction number 29 of the General Instructions to Offerors. Offeror understands that the Owner reserves the right to reject any or all proposals and to waive any formality in the proposing. Offeror's Initials The Offeror agrees that this proposal shall be good for a period of sixty (60) calendar days after the scheduled closing time for -receiving proposals. The undersigned Offeror 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 proposal, and he further agrees to commence work on the date specified in the written notice to proceed, and to substantially complete the work on which he has proposed; as provided in the contract documents. Offerors 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 proposal 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 proposal submitted as a guarantee that offeror will enter into a contract, obtain all required insurance policies, and execute all necessary bonds (if required) within ten (10) days after notice of award of the contract to him. Enclosed with this proposal is a Cashier's Che tified Check for Dollars (S ) or Bid/Proposal Bond 'n the sum of Dollars (S ), which it i s a o eeted and retained by the Owner as liquidated damages in the event the proposal is accepted by the Owner and the undersigned fails to execute the necessary contract documents, insurance certificates, and the required bond (if any) with the Owner within ten (10) business days after the date of receipt of written notification of acceptance of said proposal; otherwise, said check or bond shall be returned to the undersigned upon demand. Offeror understands and agrees that the contract to be executed by Offeror shall be bound and include all contract documents made available to him for his inspection in accordance with the Notice toi3Offy-rors. Pursuant to Texas Local Government Code 252.043(a), a competitive sealed proposal that has been opened may not be changed for the purpose of correcting an error in the proposal price. THEREFORE, ANY CORRECTIONS TO THE PROPOSAL PRICE MUST BE MADE ON THE PROPOSAL SUBMITTAL FORM PRIOR TO PROPOSAL OPENING. (Seal if Offeror is a Corporation) ATTEST: Secretary Offeror acknowledges receipt of the following addenda: Addenda No. Date Addenda No. Date Addenda No. Date Addenda No. Date WWBE Firm: Authorized Si ature N (Printed or Ty ed Name S a ' Corp6t ?qt A ess ArAjj0 t' Citx , C FEDERAL TAXIDor SOOCIAL SECURITY No. Woman I I Black American I I Native American I t licnnnie American I I Asian Pacific American I I Other (Specify) _ I 7 CITY OF LUBBOCK INSURANCE REQUIREMENT AFFIDAVIT To Be Completed by Offeror and Agent And Attached to Proposal Submittal I, the undersigned Offeror, certify that the insurance requirements contained in this proposal document have been reviewed by me with the below identified Insurance Agent/Broker. If I am awarded this contract by the City of Lubbock, I will be able to, within ten (10) business days after being notified of such award by the City of Lubbock, furnish a valid insurance certificate to the City meeting all of the requirements defined in this proposal. Contractor (Signature) Contractor (Print) CONTRACTOR'S FIRM NAME: Nwo�� (Print or Type) - CONTRACTOR'S FIRM ADDRESS: Name of Agent/Broker: r— Age t roker ignat e) Address of Agent/Broker: City/State/Zip: i 1�� �11� R trill, r Agent/Broker Telephone Number: O Lt& ' O Date: NOTE TO CONTRACTOR If the time requirement specified above is not met, the City has the right to reject this proposal and award the contract to another contractor. If you have any questions concerning these requirements, please contact the Public Works Contracting Office for the City of Lubbock at (806) 775-2168. PROPOSAL #07-723-DD — COURT RESURFACING AT BURGESS RUSHING TENNIS CENTER SAFETY RECORD QUESTIONNAIRE (Must Be Submitted With Proposal Submittal) The City of Lubbock City Council desires to avail itself of the benefits of Section 252.0435 of the Local Government Code, and consider the safety records of potential contractors prior to awarding proposals 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 proposer prior to awarding proposals on City contracts. The definition and criteria for determining the safety record of a proposer for this consideration shall be: The City of Lubbock shall consider the safety record of the offerors in determining the responsibility thereof. The City may consider any incidence involving worker safety or safety of the citizens of the City of Lubbock, be it related or caused by environmental, mechanical, operational, supervision or any other cause or factor. Specifically, the City may consider, among other things: a. Complaints to, or final orders entered by, the Occupational Safety and Health Review Commission (OSHRC), against the proposer for violations of OSHA regulations within the past three (3) years. b. Citations (as defined below) from an Environmental Protection Agency (as defined below) for violations within the past five (5) years. Environmental Protection Agencies include, but are not necessarily limited to, the U.S. Army Corps of Engineers (USACOE), the U.S. Fish and Wildlife Service (USFWS), the Environmental Protection Agency (EPA), the Texas Commission on Environmental Quality (TCEQ), the Texas Natural Resource Conservation Commission (TNRCC) (predecessor to the TCEQ), the Texas Department of State Health Services (DSHS), the Texas Parks and Wildlife Department (TPWD), the Structural Pest Control Board (SPCB), agencies of local governments responsible for enforcing environmental protection or worker safety related laws or regulations, and similar regulatory agencies of other states of the United States. Citations include notices of violation, notices of enforcement, suspension/revocations of state or federal licenses or registrations, fines assessed, pending criminal complaints, indictments, or convictions, administrative orders, draft orders, final orders, and judicial final judgments. C. Convictions of a criminal offense within the past ten (10) years, which resulted in bodily harm or death. d. Any other safety related matter deemed by the City Council to be material in determining the responsibility of the offeror and his or her ability to perform the services or goods required by the proposal documents in a safe environment, both for the workers and other employees of offeror and the citizens of the City of Lubbock. In order to obtain proper information from offerors so that City of Lubbock may consider the safety records of potential contractors prior to awarding proposals on City contracts, City of Lubbock requires that offerors answer the following three (3) questions and submit them with their proposals: QUESTION ONE Has the offeror, or the firm, corporation, partnership, or institution represented by the offeror, or anyone acting for such firm, corporation, partnership or institution, received citations for violations of OSHA within the past three (3) years? YES NO-Z If the offeror has indicated YES for question number one above, the offeror must provide to City of Lubbock, with its proposal 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. 9 Offeror's Initials UESTION TWO Has the offeror, or the firm, corporation, partnership, or institution represented by the offeror, 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 offeror has indicated YES for question number two above, the offeror must provide to City of Lubbock, with its proposal 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 offeror, or the firm, corporation, partnership, or institution represented by offeror, or anyone acting for such firm, corporation, partnership, or institution, ever been convicted, within the past ten (10) years, of a criminal offense which resulted in serious bodily injury or death? / YES NO I/ If the offeror has indicated YES for question number three above, the offeror must provide to City of Lubbock, with its proposal submission, the following information with respect to each such conviction: Date of offense, location where offense occurred, type of offense, final disposition of offense, in any, and penalty assessed ACKNOWLEDGEMENT THE STATE OF TEXAS COUNTY OF LUBBOCK I certify that I have made no willful misrepresentations in this Questionnaire nor have I withheld information in my statements and answers to questions. I am aware that the information given by me in this questionnaire will be investigated, with my full permission, and that any misrepresentations or omissions may cause my proposal to be rejected. Signature G(Q� Title 10 SUSPENSION AND DEBARMENT CERTIFICATION Federal Law (A-102 Common Rule and OMB Circular A-110) prohibits non -Federal entities from contracting with or making sub -awards under covered transactions to parties that are suspended or debarred or whose principals are suspended or debarred. Covered transactions include procurement contracts for goods or services equal to or in excess of $25,000 and all non -procurement transactions (e.g., sub -awards to sub -recipients). Contractors receiving individual awards of $25,000 or more and all sub -recipients must certify that their organization and its principals are not suspended or debarred by a Federal agency. Before an award of $25,000 or more can be made to your firm, you must certify that your organization and its principals are not suspended or debarred by a Federal agency. I, the undersigned agent for the firm named below, certify that neither this firm nor its principals are suspended or debarred by a Federal agency. COMPANY NAME: ttC:,V W' FEDERAL TAX ID or SOCIAL S Signature of Company Official: Printed name of company official signing Date Siened: No. s- a'�_ J I 11 *****MUST BE SUBMITTED WITH BID / PROPOSAL***** CITY OF LUBBOCK Statement of Qualifications RFP07-723-DD RESURFACE NINE TENNIS COURTS AT BURGESS RUSHING Candidates must complete each of the following items in order to be considered. I. FIRM NAME: � , C a2. BUSINESS ADDRESS: F . �/j /// 1 )5r R Yj i1 A 3. TELEPHONE, WITH AREA CODE: FAX, WITH AREA CODE: E MAIL ADDRESS: Dif- ib `ji ,006V.1 N k M ems- INTERNET URL ADDRESS: fnQU �tl�_ , b b 4. TYPE OF ORGANIZATION: (CHECK ONE) a. SOLE PROPRIETORSHIP ( ) b. PARTNERSHIP ( ) G c. CORPORATION d. JOINT VENTURE ( ) aG � a" 5. PRINCIPALS (P) AND ASSOCIATES (A): (WRITE "P" OR "A" FOR EACH) x E" DEGREE OR 3 NAME P/A CERTIFICATE INSTITUTION C a. .F n1 l�Fl Y11�t20 +� T= � od b w C. _ d O — a * e. r f. F- *****MUST BE SUBMITTED WITH BID J PROPOSAL***** *****MUST BE SUBMITTED WITH BID / PROPOSAL***** CITY OF LUBBOCK STATEMENT OF QUALIFICATIONS CONTINUED 6. LIST 5 MAJOR PROJECTS WITHIN THE PAST THREE YEARS THAT ILLUSTRATE YOUR EXPERIENCE WITH PROJECTS SIMILAR TO THE CITY'S. GPROJECT OWNER YEAR COST n _ l 6 1 S -�--� O � A x a. �� b. LIG �-� MA 06 ISK -- � c. d. lu- a ©2 32J� d � e. O E-' 7. REFERENCES: (INCLUDE AT LEAST THREE REFERENCES FROM THREE PROJECTS SIMILAR TO O THE ONE FOR WHICH YOU ARE COMPETING) I a NAME RELATIONSHIP PHON'E/ NUMBER C a 04 b. C. x � 3 a d � SUBMITTED BY: Q � Signature: &4t, Date: z �o d Gn Gn�l Printed Name: Title:_ ro Firm Name: Tel O Z � State: Zip:_ � Address: *****MUST BE SUBMITTED WITH BID / PROPOSAL***** PAYMENT BOND Insurors ItaompaH7-emni P.O. Box 2683 -225 South Fifth Street - Waco, TX 76702-2683 www.insurorsindemnity.com - 254-759-3702 - Fax 254-755-6399 TEXAS STATUTORY PAYMENT BOND (PUBLIC WORKS) Bond Number 809999 KNOW ALL PERSONS BY THESE PRESENTS: THAT Advantage courts Co.; P.O. Box 51242, Amarillo, Tx 79159 (hereinafter called the Principal), as Principal, and INSURORS INDEMNITY COMPANY, a corporation organized and existing under the laws of the State of Texas, licensed to do business in the State of Texas and admitted to write bonds, as surety, (hereinafter called the Surety), with its principal place of business in the City of Waco, Texas, are held and firmly bound unto City of Lubbock, TX; P.O. Box 2000, Lubbock, Tx 79457 (hereinafter called the Obligee), in the amount of Forty -Four Thousand Five -Hundred Fifty and 00 /100 Dollars ($44,550.00 ) 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 contract with the Obligee, dated the 13th day of August , 2007 , for the construction of RFP #07-723-DD -- Court Resurfacing at Burgess Rushino Tennis Center NOW, THEREFORE, THE CONDITIONS OF THIS OBLIGATION IS SUCH, that if the said Principal shall pay all claimants supplying labor and material to him or a subcontractor in the prosecution of the work provide for in said contract, then, this obligation shall be null and void; otherwise to remain in full force and effect; PROVIDED, HOWEVER, that this bond is executed pursuant to the provisions of Chapter 2253 of the Texas Government Code as amended and all liabilities on this bond shall be determined in accordance with the provisions, conditions and limitations of said Chapter to the same extent as if it were copied at length herein. PROVIDED FURTHER, that the Surety's address for giving notice in compliance with section 2253.041 et seq. of the Texas Government Code is: Insurors Indemnity Company Insurors Indemnity Company P.O. Box 2683 Or 225 South Fifth Street Waco, TX 76702-6683; Waco, TX 76710. SIGNED, SEALED AND DATED this 15th day of August , 20 07 PRIN PAL: Advantage Courts Co. Jr_ By: QAI�� (title) Don Cameron, President _APPROVED AS TO ORM: Bv rA k AK 1 INSURORS INDEMNITY COMPANY Obli (Seal) By:`„ - --�- ney--r�-Fa,u Cory B. Bentley Payment Bond 2253 (02-06) Page 1 of 2 7 In urors I emnit ompAH7 P.O. Box 2683.225 South Fifth Street - Waco, TX 76702-2683 www.insurorsindemnity.com - 254-759-3702 - Fax 254-755-6399 IMPORTANT NOTICE - AVISO IMPORTANTE To obtain information or make a complaint: You may call Insurors Indemnity Company's toll - free telephone number for information or to make a complaint at: 1-800-933-7444 You may also write to Insurors Indemnity Company at: P.O. Box 2683 Waco, TX 76702-2683 Or 3701 W. Waco Drive Waco, TX 76710 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 or fax at: 1-512-475-1771 PREMIUM OR CLAIM DISPUTES: Should you have a dispute concerning your premium or about a claim, you should contact the agent or the company first. If the dispute is not resolved, you may contact the Texas Department of Insurance. ATTACH THIS NOTICE TO YOUR BOND: This notice is given to comply with Section 2253.021, Government Code, and Section 53.202, Property Code, effective September 1, 2001. Para obtener informacion o para someter una queja: Usted puede Ilamar al numero de telefono gratis de Insurors Indemnity Company's para informacion o para someter una queja al 1-800-933-7444 Usted tanbien puede escribir a Insurors Indemnity Company: P.O. Box 2683 Waco, TX 76702-2683 O 3701 W. Waco Drive Waco, TX 76710 Puede comunicarse con el Departamento de Seguros de Texas para obtener informacion acerca de companias, coberturas, derechos o quejas al 1-800-252-3439 Puede escribir al Departamento de Seguros de Texas: or fax al P.O. Box 149104 Austin, TX 78714-9104 1-512-475-1771 DISPUTAS SOBRE PRIMAS O RECLAMOS: Si tiene una disputa concemiente a su prima o a un reclamo, debe comunicarse con el agente o la compania primero. Si no se resuelve la disputa, puede entonces comunicarse con el departamento (TDI). UNA ESTE AVISO A SU POLIZA: Este aviso esta dado para acatar con Section 2253.021 Government Code y Section 53.202, Property Code efectivo, Septiembre 1, 2001. Payment Bond 2253 (02-06) Page 2 of 2 a Insurors e 1 ty (._.onapat Y POWER OF, ATTORNEY PA NO. 809999 KNOW A LL MEN BY THESE PRESENTS: That INSiJRORS INDEMNITY COMPANY, Waco, Texas, organized and existing under the laws of the State of Texas, and authorized and licensed to do business in the State of Texas and the United States of America, does hereby make, constitute and appoint Cory B. Bentley, Robert B. Bentley, Tracy Velasquez, Christal Daniel of the City of Amarillo, State of Texas as Attorney in Fact, with full power and authority hereby conferred upon them to sign, execute, acknowledge and deliver for and on its behalf as Surety and as its act and deed, all of the following classes of documents to -wit: Bonds, undertakings; and other written obligations in the nature thereof, r This Power of Attorney is issued subject to the limitation that no instrument executed hereunder shall exceed the amount of -- $250,000 State of Texas INSURORS INDETNINITY COMPANY } SEAL & County of McLennan 1 Attest: �� ma8`—� • • By _ Tammy Tiepe1jan, Secretary tEx�t; ThoniAT,. Chase, A., Chairmau4nd CEO On the 01 Day of August, 2(105, before me a Notary Public in the State of Texas, personalty appeared Thomas G. Chase Jr., and Tammy Tieperman, who being by me duty sworn, acknowledged that they executed the above Power of attorney in their capacities as Chairman and Chief Executive Officer, and Corporate Secretary, respectively, of the Insurors Indemnity Company, and Acknowledged said Power of Attorney to be the voluntary act and deed of the Company. �pxr oG�cs SHERRI pubiBEN Sherri Barben, notary Public sA, ic �p1 STATE OF TEXAS Expires Commission — '' Expires 05l21/2009 sr.asw+o+e.e++,aa.+=+awueou000woa My commission expires ally 21, 2009 Insurors Indemnity Company certifies that this Power of Attorney is granted under and by authority of the following resolutions of the Company adopted, by the Board of Directors on August 1, 2005: RESOLVED, that all bonds, undertakings, contracts or other obligations may be executed in the name of the Company by persons appointed as Attorney in Fact pursuant to a Power of Attorney issued in accordance with these Resolutions. Said Power of Attorney shall be executed in the name and on behalf of the Company either by the Chairman and CEO or the President, under their respective designation. The signature of such officer and the seat of the company may be affixed by facsimile to any Power of Attorney, and, unless subsequently revoked and subject to any limitation set forth therein, any such Power of Attorney or certificate bearing such facsimile signature and seal shall be valid and binding upon the Company and any such power so executed and certified by facsimile signature and seal shall be valid and binding upon the Companyr with respect to any bond or undertaking to which it is validly attached. RESOLVED, that attorneys in Fact shall have the power and authority, subject to the terms and limitations of the Power of attorney issued to them, to execute and deliver on behalf of the Company and to attach the seal of the Company to any and all bonds and undertakings, and any such Instrument executed by such Attorneys in Fact shall be as binding upon the Company as if signed by an Executive Officer and sealed and attested to by the Secretary or Assistant Secretary of the Company. I, Tammy'Tieperman, Secretary of Insurors Indemnity Company, do hereby certify that the foregoing is a true excerpt from the Resolutions of the said Company as adopted by its Board of Directors on August 1, 2005, and that this Resolution is in full force and effect. I certify that the foregoing Power of Attorney is in full force and effect and has not been revoked. In'restimony Whereof, I have set my hand and the seal of the INSURORS INDEMNITY COMPANY on this 15 day orAugust 2007 �` am SEAL i Tammy Tie rman, Secretary This Power of Attorney expires 12-31-09 n>u. NOTE: IF YOU HAVE ANY QUESTIONS REGARDING THE VALIDITY OR WORDING OF THIS POWER OF ATTORNEY CALL 800-933-7444 OR WRITE TO US AT P.O. BOX 2683, VVACO, TX 76702-2683 IICPAGEN 7/06 CERTIFICATE OF INSURANCE CERTIFICATE OF INSURANCE TO: CITY OF LUBBOCK DATE: P.O. BOX 2000, Suite 102 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 $ t? 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 1 Any Auto Combined Single Limit $ l All Owned Autos Bodily Injury (Per Person) $ CJ, Scheduled Autos Bodily Injury (Per Accident) $ I Hired Autos Property Damage $ I Non -Owned Autos L1 GARAGE LIABILITY 1 Any Auto Auto Only - Each Accident $ Other than Auto Only: Each Accident $ Aggregate $ Ci BUILDER'S RISK _ 100% of the Total Contract Price $ 1 I INSTALLATIONFLOATER $ EXCESS LIABILITY Umbrella Form Each Occurrence $ Aggregate $ Other Than Umbrella Form $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY The Proprietor/ i_, Included Statutory Limits Partners/Executive 1-1 Excluded Each Accident $ Officers are: Disease Policy Limit $ Disease -Each Employee $ OTHER The above policies either in the body thereof or by appropriate endorsement provide that they may not be changed or canceled by the insurer in less than the legal time required after the insured has received written notice of such change or -- cancellation, or in case there is no legal requirement, in less than five days in advance of cancellation. FIVE COPIES OF THE CERTIFICATE OF INSURANCE (Name of Insurer) MUST BE SENT TO THE CITY OF LUBBOCK By: Title: The Insurance Certificates Furnished shall name the City of Lubbock as a Primary Additional Insured on General Liability and provide a Waiver of Subrogation on all policies in favor of the City of Lubbock. 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 _z commission rules. This notice must be printed in at least 19-point normal type, and shall be in both English and Spanish and any other language common to the worker population. The text for the notices shall be the following text provided by the commission on the sample notice, without any additional words or changes: PROOF OF COVERAGE SHALL BE FURNISHED TO THE CITY OF LUBBOCK IN THE FORM OF A CERTIFICATE OF INSURANCE. THE INSURANCE CERTIFICATES FURNISHED SHALL NAME THE CITY OF LUBBOCK AS A PRIMARY ADDITIONAL INSURED AND PROVIDE A WAIVER OF SUBROGATION IN FAVOR OF THE CITY OF LUBBOCK. OR IN THE ALTERNATIVE, SHALL BE ACCOMPANIED BY A STATEMENT FROM THE CONTRACTOR TO THE EFFECT THAT NO WORK ON THIS PARTICULAR PROJECT SHALL BE SUBCONTRACTED. IT SHALL BE THE CONTRACTOR'S RESPONSIBILITY TO PROVIDE TO THE OWNER ALL PROOF OF COVERAGE INSURANCE DOCUMENTS INCLUDING WORKERS COMPENSATION COVERAGE FOR EACH SUBCONTRACTOR. REQUIRED WORKERS' COMPENSATION COVERAGE "The law requires that each person working on this site or providing services related to this construction project must (see reverse) be covered by workers' compensation insurance. This includes persons providing, hauling, or delivering equipment and materials, or providing labor or transportation or other service related to the project, regardless of the identity of their employer or status as an employee." "Call the Texas Workers' Compensation Commission at (512) 440- 3789 to receive information on the legal requirement for coverage, to verify whether your employer has provided the required coverage, or to report an employer's failure to provide coverage." and (8) contractually require each person with whom it contracts to provide services on a project, to: (A) provide coverage based on proper reporting of classification codes and payroll amounts and µ 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) (F) 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; retain all required certificates of coverage on file for the duration of the project and for one year thereafter; f L (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 j paragraphs (A) - (H), with the certificate of coverage to be provided to the person for whom they are providing services. l 3 OP ID L ACORD CERTIFICATE OF LIABILITY INSURANCE ADVAN-, DATE (MMIDD/YYYY) 08/16/07 PRODUCER Upshaw Insurance Agency, Inc. P . O. Box 1299 Amarillo TX 79105-1299 Phone: 806-468-0400 Fax: 806-468-0450 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. INSURERS AFFORDING COVERAGE NAIC # INSURED Advantage Courts Co. PO BOX 51242 Amarillo TX 79159 INSURER A: C M I Lloyds INSURER B: Texas Mutual Insurance Co INSURER C: Argonaut Insurance Company INSURER D: INSURER E: COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FORTHE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. LTR NSR TYPE OF INSURANCE POLICY NUMBER DATE MM/OCY D EFFECTIVE TION PDATE MWOLICY DD/YY LIMITS A GENERAL LIABILITY X COMMERCIAL GENERAL LIABILITY CLAIMS MADE a OCCUR X Owner/Coat Prot. CLP8123105 08/15/07 08/15/08 EACH OCCURRENCE $ 1, 000, 000 PAR EMISES(Ea.,':Zce) $ 300, 000 MED EXP (Any one person) $ 5, 0 0 0 PERSONAL BADVINJURY $ 1,000,000 GENERAL AGGREGATE $ 2, 000, 000 GEN'L AGGREGATE LIMIT APPLIES PER: POLICY jECT r LOC PRODUCTS - COMP/OP AGG $2,000,000 A AUTOMOBILE LIABILITY ANY AUTO ALL OWNED AUTOS SCHEDULEDAUTOS HIRED AUTOS NON-OWNEDAUTOS BAP8124794 08/15/07 08/15/08 COMBINED SINGLE LIMIT (Ea accident) $ 1, 000, 000 X BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ PROPERTY DAMAGE (Per accident) $ GARAGE LIABILITY ANY AUTO AUTO ONLY - EA ACCIDENT $ OTHER THAN EA ACC AUTO ONLY: AGG $ $ EXCESS/UMBRELLA LIABILITY OCCUR CLAIMS MADE DEDUCTIBLE RETENTION $ EACH OCCURRENCE $ AGGREGATE $ $ $ B C WORKERS COMPENSATION AND EMPLOYERS'LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBEREXCLUDED? It yyes, describe under SPECIALPROVISIONS below SBP0001134994-TX WC47697822659-NM 08/15/07 08/15/07 08/15/08 08/15/08 X I TORY LIMITS I I ER E.L. EACH ACCIDENT $ 1,000,000 E.L. DISEASE - EA EMPLOYE $ 1,000,000 E.L. DISEASE -POLICY LIMIT $ 1,000,000 OTHER DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES / EXCLUSIONS ADDED BY ENDORSEMENT / SPECIAL PROVISIONS Proj:RFP#07-723-DD-Court Resurfacing at Burgess Rushing Tennis Center GL: Cert holder, its officers, agents & employees are named as an Additional Insured with Primary Language (only if required by written contract) per attached 8-1932 (3/05). GL,AU,WC: Provides a Waiver of Subrogation in favor of the certificate holder (only if required by written contract). -13 CERTIFICATE HOLDER CANCELLATION CITLUl I SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 10 DAYS WRITTEN City of Lubbock NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL c/o City of Lubbock Public IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR Works Contracting Office 1625 13th Street, Ste 204 REPRESENTATIVES.p A H RIZED REPREA TIVEC'f 7V+' Lubbock TX 79401 ACORD 25 (2001108) 0 ACORD CORPORATION 1988 IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon ACORD 25 (2001108) 8-1932 03 05 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. TEXAS GENERAL LIABILITY PLUS ENDORSEMENT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART These modifications are subject to the terms and conditions applicable to coverage in the policy except as provided below. A. Employee Benefits Liability Coverage The following is added to Section I -Coverages: EMPLOYEE BENEFITS LIABILITY COVERAGE. 1. Insuring Agreement. a. We will pay those sums that the insured becomes legally obligated to pay as damages because of any act, error or omission of the insured, or of any other person for whose acts the insured is legally liable, to which this insurance applies. We will have the right and duty to defend the insured against any "suit" seeking those damages. However, we will have no duty to defend the insured against any "suit" seeking damages to which this insurance does not apply. We may, at our discretion, investigate any report of an act, error or omission and settle any "claim" or "suit" that may result. But: 1) The amount we will pay for damages is limited as described in SECTION III LIMITS OF INSURANCE for Employee Benefits Liability Coverage and 2) Our right and duty to defend end when we have used up the applicable limit of insurance in the payment of judgments or settlements. No other obligation or liability to pay sums or perform acts or services is covered unless explicitly provided for under Supplementary Payments. b. This insurance applies to damages only if: 1) The act, error or omission is negligently committed in the "administration" of your "employee benefit program'; 2) The act, error or omission is caused by an "occurrence" that takes place in the "coverage territory"; and 3) The act, error or omission occurs during the policy period. 2. Exclusions This insurance does not apply to: a. Dishonesty or Fraud Damages arising out of any dishonest, fraudulent or malicious act or omission, committed by any insured, including the willful or reckless violation of any statute. b. Bodily Injury, Property Damage, or Personal and Advertising Injury "Bodily injury," "property damage" or "personal and advertising injury." c. Failure to Perform a Contract Damages arising out of failure of performance of contract by any insurer. d. Insufficiency of Funds Damages arising out of an insufficiency of funds to meet any obligations under any plan included in the "employee benefit program." e. Inadequacy of Performance of Investment/Advice Given to Participate Any "claim" or "suit" based upon: 1) Failure of any investment to perform; 2) Errors in providing information on past performance of investment vehicles; or 3) Advice given to any person to participate or not to participate in any plan included in the "employee benefit program." 8-1932 03 05 Page 1 of 9 f. Workers Compensation and Similar Laws r Damages arising out of any "claim" related to any workers compensation, unemployment compensation insurance, social security or disability benefits law or any similar law. g. ERISA- Damages for which the insured is liable because of liability imposed on a fiduciary by the Employee Retirement Income Security Act of 1974, as now or hereafter amended, or any similar federal, state or local laws. h. Available Benefits Any "claim" for benefits to the extent that such benefits are available, with reasonable effort and cooperation of the insured, from the applicable funds accrued or other collectible insurance. L Taxes, Fines or Penalties 1) Taxes, fines or penalties, including those imposed under the Internal Revenue Code or any similar state or local law; or 2) Loss or damages arising out of the imposition of such taxes, fines or penalties. j. Employment -Related Practices Damages arising out of wrongful termination of employment, discrimination, or other employment - related practices. 3. Supplementary Payments -Coverages A and B For the purposes of the coverage provided by Employee Benefits Liability Coverage, in Supplementary Payments -Coverages A and B only provisions 1., 3., 4., 5., 6., and 7. apply. SECTION II -WHO IS AN INSURED, Paragraphs 2. and 3. are replaced by the following for Employee Benefits Liability Coverage: Each of the following is also an insured: a. Each of your "employees" who is or was authorized to administer your "employee benefit program." b. Any persons, organizations or "employees" having proper temporary authorization to administer your "employee benefit program" if you die, but only until your legal representative is appointed. c. Your legal representative if you die, but only with respect to duties as such. That representative will have all your rights and duties under this endorsement. 2. Any organization you newly acquire or form, other than a partnership, joint venture or limited liability company, and over which you maintain ownership or majority interest, will qualify as a Named Insured if there is no other similar insurance available to that organization. However: a. Coverage under this provision is afforded only until the 180th day after you acquire or form the organization or the end of the policy period, whichever is earlier. b. Coverage under this provision does not apply to any act, error or omission that occurred before you acquired or formed the organization. SECTION III -LIMITS OF INSURANCE is replaced by the following for the Employee Benefits Liability Coverage: 1) The Limits of Insurance shown below and the rules below fix the most we will pay regardless of the number of: a) Insureds; b) "Claims" made or "suits" brought; c) Persons or organizations making "claims" or bringing "suits"; d) Acts, error or omissions which result in loss; or e) Benefits included in your "employee benefit program." 2) $2,000,000 is the most we will pay for all damages because of acts, errors or omissions committed in the "administration" of your "employee benefit program." 3) Subject to the above Limit, $1,000,000 is the most we will pay for all damages sustained by any one "employee," including damages sustained by such "employee's" dependents and beneficiaries, as a result of: a) An act, error or omission; or 8-1932 03 05 Page 2 of 9 b) A series of acts, errors or omissions negligently committed in the "administration" of your "employee benefit program." However, the amount paid under this endorsement shall not exceed, and will be subject to, the limits and restrictions that apply to the payment of benefits in any plan included in the "employee benefit program." The Limits of Insurance of this endorsement apply separately to each consecutive annual period and to any remaining period of less than 12 months, starting with the beginning of the policy period shown in the Declarations of the policy to which this endorsement is attached, unless the policy period is extended after issuance for an additional period of less that 12 months. In that case, the additional period will be deemed part of the last preceding period for purposes of determining the Limits Of Insurance. 4.) Deductible a. Our obligation to pay damages on behalf of the insured applies only to the amount of damages in excess of $1,000. The limits of insurance shall not be reduced by the amount of this deductible. b. The deductible amount applies to all damages sustained by any one "employee," including such "employee's" dependents and beneficiaries, because of all acts, errors or omissions to which this insurance applies. c. The terms of this insurance, including those with respect to: 1) Our right and duty to defend any "suits" seeking those damages; and 2) Your duties, and the duties of any other involved insured, in the event of an act, error or omission, "claim" or "suit" apply irrespective of the application of the deductible amount. d. We may pay any part or all of the deductible amount to effect settlement of any "claim" or "suit' and, upon notification of the action taken, you shall promptly reimburse us for such part of the deductible amount as we have paid. SECTION IV -CONDITIONS, Paragraphs 2. and 4. are replaced by the following for the Employee Benefits Liability Coverage: 1. Duties In The Event Of An Act, Error or Omission, "Claim" Or "Suit" a. You must see to it that we are notified as soon as practicable of an act, error or omission which may result in a "claim." To the extent possible, notice should include: 1) What the act, error or omission was and when it occurred; and 2) The names and addresses of anyone who may suffer damages as a result of the act, error or omission. b. If a "claim" is made or "suit' is brought against any insured, you must: 1) Immediately record the specifics of the "claims" or "suit" and the date received; and 2) Notify us as soon as practicable. You must see to it that we receive written notice of the "claim" or "suit' as soon as practicable. c. You and any other involved insured must: 1) Immediately send us copies of any demands, notices, summonses or legal papers received in connection with the "claim" or "suit'; 2) Authorize us to obtain records and other information; 3) Cooperate with us in the investigation or settlement of the "claim" or defense against the "suit'; and 4) Assist us, upon our request, in the enforcement of any right against any person or organization which may be liable to the insured because of an act, error or omission to which this insurance may also apply. d. No insured will, except at the insured's own cost, voluntarily make a payment, assume any obligation or incur any expense without our consent. 4. Other Insurance If other valid and collectible insurance is available to the insured for a loss we cover under this endorsement, our obligations are limited as follows: a. Primary Insurance This insurance is primary except when b. below applies. If this insurance is primary, our obligations x.. are not affected unless any of the other insurance is also primary. Then, we will share with all that other insurance by the method described in c. below. 8-1932 03 05 Page 3 of 9 b. Excess Insurance Any other primary insurance available to you covering acts, errors or omissions for which you have been added as an additional insured. When this insurance is excess, we will have no duty to defend the insured against any "suit" if any other insurer has a duty to defend the insured against that "suit." If no other insurer defends, we may undertake to do so, but we will be entitled to the insured's rights against all those other insurers. When this insurance is excess over other insurance, we will pay only our share of the amount of the loss, if any, that exceeds the sum of: 1) The total amount that all such other insurance would pay for the loss in absence of this insurance; and 2) The total of all deductible and self -insured amounts under all that other insurance. We will share the remaining loss, if any, with any other insurance that is not described in this Excess Insurance provision and was not bought specifically to apply in excess of the Limits of Insurance shown. c. Method of Sharing If all of the other insurance permits contribution by equal shares, we will follow this method also. Under this approach each insurer contributes equal amounts until it has paid its applicable limit of insurance or none of the loss remains, whichever comes first. If any of the other insurance does not permit contribution by equal shares, we will contribute by limits. Under this method, each insurer's share is based on the ratio of its applicable limits of insurance of all insurers. SECTION V -DEFINITIONS is amended by adding the following definitions for Employee Benefits Liability Coverage: "Administration" means: a. Providing information to "employees," including their dependents and beneficiaries, with respect to eligibility for or scope of "employee benefit programs"; b. Handling records in connection with the "employee benefit program"; or c. Effecting, continuing or terminating any "employee's" participation in any benefit included in the "employee benefit program:' However, "administration" does not include handling payroll deductions. 2. "Cafeteria plans" means plans authorized by the applicable law to allow employees to elect to pay for certain benefits with pre-tax dollars. 3. "Claim" means any demand, or "suit," made by an "employee" or an "employee's" dependents and beneficiaries, for damages as the result of an act, error or omission. 4. "Employee benefit program" means a program providing some or all of the following benefits to "employees," whether provided through a "cafeteria plan" or otherwise. a. Group life insurance; group accident or health insurance; dental, vision and hearing plans; and flexible spending accounts; provided that no one other than an "employee" may subscribe to such benefits and such benefits are made generally available to those "employees" who satisfy the plan's eligibility requirements; b. Profit sharing plans, employee savings plans, employee stock ownership plans, pension plans and stock subscription plans, provided that no one other than an "employee" may subscribe to such benefits and such benefits are made generally available to all "employees" who are eligible for such benefits; c. Unemployment insurance, social security benefits, workers compensation and disability benefits; d. Vacation plans, including buy and sell programs; leave of absence programs, including military, maternity, family, and civil leave; tuition assistance plans; transportation and health club subsidies. SECTION V -DEFINITIONS -the definition of "employee" and "suit' is replaced for Employee Benefits Liability Coverage by the following: "Employee" means a person actively employed, formerly employed, on leave of absence or disabled, or retired. "Employee" includes a "leased worker." "Employee' does not include a "temporary worker." "Suit' means a civil proceeding in which damages because of an act, error or omission to which this insurance applies are alleged. "Suit' includes: k _. 8-1932 03 05 Page 4 of 9 a. An arbitration proceeding in which such damages are claimed and to which the insured must submit or does submit with our consent; or b. Any other alternative dispute resolution proceeding in which such damages are claimed and to which the insured submits with our consent. B. Additional Insured -Automatic Status (not applicable to Employee Benefits Liability Coverage) 1. SECTION 11-WHO IS AN INSURED is amended to include as an insured any person or organization (called additional insured) whom you are required to add as an additional insured on this policy under: A written contract, permit or agreement; and a. Currently in effect or becoming effective during the term of this policy; and b. Executed prior to the 'bodily injury," "property damage," "personal injury and advertising injury." 2. The insurance provided to the additional insured is limited as follows: a. That person or organization is only an additional insured with respect to liability caused, in whole or in part, by: 1) Your premises; 2) "Your work" for that additional insured; or 3) Acts or omissions of the additional insured in connection with the general supervision of "your work." b. The Limits of Insurance applicable to the additional insured are those specified in the written contract or agreement or in the Declarations for this policy, whichever is less. These Limits of Insurance are inclusive and not in addition to the Limits of Insurance shown in the Declarations. c. Except when required by written contract or agreement, the coverage provided to the additional insured by this endorsement does not apply to: 1) "Bodily injury," "property damage" or "personal injury and advertising injury' occurring after: a) All work on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured at the site of the covered operations has been completed; or b) The portion of "your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as part of the same project. 2)"Bodily injury" or "property damage" arising out of acts or omissions of the additional Insured other than in connection with the general supervision of "your work." d. The insurance provided to the additional insured does not apply to "bodily injury," "property damage," "personal injury and advertising injury" arising out of an architect's, engineer's, or surveyor's rendering of or failure to render any professional 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, or inspection activities performed as part of any related architectural or engineering activities. 3. As respects the coverage (not applicable to Employee Benefits Liability Coverage) provided under the General Liability Plus SECTION IV -COMMERCIAL GENERAL LIABILITY CONDITIONS, Paragraph 4.b.2) is amended with the addition of the following: 4. Other Insurance -Excess Insurance b. 2) This insurance is excess over: Any other valid and collectible insurance available to the additional insured whether primary, excess, contingent or on any other basis unless a contract specifically requires that this insurance be either primary or primary and noncontributing. Where required by contract, we will consider any other insurance maintained by the additional insured for injury or damage Ll covered by this endorsement to be excess and noncontributing with this insurance. C. Additional Insured -Vendors (not applicable to Employee Benefits Liability Coverage) SECTION 11-WHO IS AN INSURED is amended to include as an insured any person or organization (vendor) with whom you agreed, because of a written contract or agreement, to provide insurance, but only with respect to bodily injury or property damage caused, in whole or in part, by your products which are distributed or sold in the regular course of the vendor's business, subject to the following additional provisions: 8-1932 03 05 Page 5 of 9 The insurance afforded the vendor does not apply to: a. Bodily injury or property damage for which the vendor is obligated to pay damages by reason of the assumption of liability in a contract or agreement. This exclusion does not apply to liability for damages that the vendor would have in the absence of the contract or agreement; b. Any express warranty unauthorized by you; c. Any physical or chemical change in the product made intentionally by the vendor; d. Repackaging, unless unpacked solely for the purpose of inspection, demonstration, testing, or the substitution of parts under instructions from the manufacturer, and then repackaged in the original container; e. Any failure to make such inspections, adjustments, tests or servicing as the vendor has agreed to make or normally undertakes to make in the usual course of business in connection with the distribution or sale of the products; f. Demonstration, installation, servicing or repair operations, except such operations performed at the vendor's premises in connection with the sale of the product; g. Products which, after distribution or sale by you, have been labeled or relabeled or used as a container, part or ingredient of any other thing or substance by or for the vendor. 2. This insurance does not apply to any insured person or organization, from whom you have acquired such products, or any ingredient, part or container, entering into, accompanying or containing such products. D. Include Directors Or Trustees On Committees As Employees (not applicable to Employee Benefits Liability Coverage) SECTION V -DEFINITIONS is amended by the addition of the following to definition 5.: "Employee" also includes any of your directors or trustees acting as a member of any of your elected or appointed committees to perform on your behalf specific, as distinguished from general, directorial acts. E. Waiver Of Transfer Of Rights Of Recovery Against Others To Us The TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US, SECTION IV CONDITION 8., 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 your ongoing operations or "your work" done under a contract with that person or organization and included in the "products -completed operations hazard." This waiver applies only to the person or organization which, before the loss, you have agreed in writing to waive your right of recovery. F. Newly Formed or Acquired Organizations (not applicable to Employee Benefits Liability Coverage) SECTION II -WHO IS AN INSURED is amended to include any organization you newly acquire or form, other than a partnership or joint venture, and over which you maintain ownership or majority interest, will qualify as a Named Insured if there is no other similar insurance available to that organization. However: 1. Coverage under this provision is afforded only until 180 days after you acquire or form the organization or the end of the policy period, whichever is earlier. 2. Coverage A does not apply to "bodily injury" or "property damage" that occurred before you acquired or formed the organization; and 3. Coverage B does not apply to "personal injury and advertising injury" arising out of an offense committed before you acquired or formed the organization. G. Notice Of Occurrence, Knowledge of Occurrence, Unintentional Omission The following is added to SECTION IV.2. -DUTIES IN THE EVENT OF OCCURRENCE, OFFENSE, CLAIM OR SUIT: e. Notice of Accident/Occurrence When you report to your Workers Compensation carrier the occurrence of any accident which later develops into a liability claim covered under this policy, failure to report the accident to us at the time of occurrence is not in violation of the Conditions of this policy. However, as soon as you are definitely made aware of the fact that the particular accident is a liability claim rather than a Workers Compensation claim prompt notification must be given to us. f. Unintentional Errors and Omissions The insurance afforded by this policy is not invalidated by any unintentional errors, omissions or improper description of premises or your unintentional failure to disclose all hazards existing at inception date of the policy. 8-1932 03 05 Page 6 of 9 g. Knowledge of Accident/Occurrence Knowledge of an accident/occurrence by your agent, servant or employee is not knowledge by you unless an executive officer of your Corporation received such notice from its agent, servant or employee. H. Voluntary Property Damage _ 1. We will pay, at your request, for loss due to "Property Damage" to property of others caused by you, or while in your possession, arising out of your business operations. 2. "Loss" means unintentional damage or destruction but does not include disappearance, theft, or loss of use. 3. Limits of Insurance -The most we will pay for loss under the Voluntary Property Damage is $2,500 for each "occurrence." The most we will pay for the sum of all damages because of "Property Damage" is an annual policy aggregate limit of $10,000. 4. Deductible -We will not pay for "loss" in any one "occurrence" until the amount of "loss" exceeds $250. 5. We may pay any part or all of the deductible amount to effect settlement of any "claim" or "suit" and, upon notification of the action taken, you shall promptly reimburse us for such part of the deductible amount as we have paid. 6. The insurance under the Voluntary Property Damage shall not apply: a. To "loss" of property at premises owned, rented, leased, operated, or used by you; b. To "loss" of property while in transit; c. To "loss" of property owned by, rented to, leased to, borrowed by or used by you; d. To the cost of repairing or replacing (1) any work defectively or incorrectly done, (2) any product manufactured, sold or supplied by you, unless the Property Damage is caused directly by you after delivery of the product or completion of the work and resulting from a subsequent undertaking; e. To "loss" of property included within the "Products/Completed Operations Hazard"; - , f. To "loss" of property which is an "auto" or "mobile equipment." g. To "loss" of property caused by "pollutants." In the event of "loss covered by this endorsement, you shall, if requested by us, replace the property or furnish the labor and materials necessary for repairs thereto at your actual cost, excluding profit or overhead charges. I. Non -Owned Watercraft Liability and Non -Owned Aircraft Liability SECTION I COVERAGE A, exclusion 2.g. is replaced by the following: g. "Bodily injury" or "property damage" arising out of the ownership, maintenance, use or entrustment to others of any aircraft, "auto" or watercraft owned or operated by or rented or loaned to any insured. Use includes operations and "loading or unloading." This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in the supervision, hiring, employment, training or monitoring of others by that insured, if the "occurrence' which caused the "bodily injury' or "property damage" involved the ownership, maintenance, use or entrustment to others of any aircraft, "auto" or watercraft that is owned or operated by or rented or loaned to any insured. This exclusion does not apply to: 1) A watercraft while ashore on premises you own or rent; 2) A watercraft you do not own that is: a) Less than 60 feet long; and b) Not being used to carry persons or property for a charge; 3) Parking an "auto" on, or on the ways next to, premises you own or rent, provided that "auto" is not owned by or rented or loaned to you or the insured; 4) Liability assumed under any "insured contract" for the ownership, maintenance or use of aircraft or watercraft; or 5) "Bodily injury" or "property damage" arising out of: a) The operation of machinery or equipment that is attached to, or part of, a land vehicle that would qualify under the definition of "mobile equipment' if it were not subject to a compulsory or financial responsibility law or other motor vehicle insurance law in the state where it is licensed or principally garaged; or b) The operation of any of the machinery or equipment listed in paragraph f.2) or f.3) of the definition of "mobile equipment." 8-1932 03 05 Page 7 of 9 J. Fire, Sprinkler Leakage Or Explosion 1. The word "fire" is changed to "fire, sprinkler leakage or explosion" where it appears in: a. The Limits of Insurance section of the Declaration: b. Paragraph 6. of SECTION III -LIMITS OF INSURANCE; and c. Paragraph 4.b. of the OTHER INSURANCE condition; 2. Section 8.a. under SECTION V. -DEFINITIONS is amended to read: 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, sprinkler leakage or explosion to premises while rented to you or temporarily occupied by you with permission of the owner is not an insured contract. 3.The last paragraph of COVERAGE A (Section 1) (after the exclusions) is replaced by the following: a. Exclusions c. through n. do not apply to damage by fire, sprinkler leakage or explosion to premises while rented to you or temporarily occupied by you with permission of the owner. A separate limit of insurance applies to this coverage as described in LIMITS OF INSURANCE (Section III). But the Limit of Insurance shown in the Declaration will apply to all damage proximately caused by the same event. Whether such damage results from fire, sprinkler leakage or explosion or any combination of the three. b. The Damage to Premises Rented To You Limit in Paragraph 6. of LIMITS OF INSURANCE (Section III), is replaced by a new Fire, Sprinkler Leakage or Explosion Limit, which will be subject to all of the terms of LIMITS OF INSURANCE (Section III). c. The new Fire, Sprinkler Leakage or Explosion Limit is $300,000. K. Pollution Coverage For Upset of Mobile Equipment The Insuring Agreement for "property damage" liability with respect to your operations is extended as follows: 1 We will pay those sums which you become legally obligated to pay for "property damage" caused directly by immediate, abrupt and accidental upset, overturn or collision of your "mobile equipment" while transporting "pollutants" which are intended for and normally used in your operations. The operations must be in compliance with local, state, and federal ordinances and laws. 2 EXCLUSIONS a. With regard only to the coverage provided by this extension K., SECTION I -COVERAGES, COVERAGE A. BODILY INJURY AND PROPERTY DAMAGE LIABILITY, 2. Exclusions, f. is deleted and replaced by the following for this extension only: f. Pollution Any loss, cost or expense arising out of any: 1) Request, demand, order or statutory or regulatory requirement that any insured or others test for, monitor, clean up, remove, contain, treat, detoxify or neutralize, or in any way respond to, or assess the effects of, "pollutants'; or 2) Claim or suit by or on behalf of a governmental authority for damages because of testing for, monitoring, cleaning up, removing, containing, treating, detoxifying or neutralizing, or in any way responding to, or assessing the effects of "pollutants." 3) Premises, site or location which is or was at any time owned, rented or loaned to any insured. L. Aggregate Limits Of Insurance (not applicable to Employee Benefits Liability Coverage) The General Aggregate Limit under SECTION III -LIMITS OF INSURANCE, Paragraph 2. applies separately to each of your "location(s)" owned by or rented to you or "project(s)" away from "location(sp' owned by or rented to you. "Location" and/or "project" means premises involving the same or connecting lots, or premises whose connection is interrupted only by a street, roadway, waterway or right-of-way of a railroad. M. Supplementary Payments -Higher Limits Under SECTION I -SUPPLEMENTARY PAYMENTS -COVERAGES A AND B: Paragraph 1.b. is replaced by the following: Up to $2000 for cost of bail bonds required because of accidents or traffic law violations arising out of the use of any vehicle to which the Bodily Injury Liability Coverage applies. We do not have to furnish these bonds. 8-1932 03 05 Page 8 of 9 Paragraph 1.d. is replaced by the following: All reasonable expenses incurred by the insured at our request to assist us in the investigation or defense of the claim or "suit," including actual loss of earnings up to $400 a day because of time off from work. N. Reasonable Force Expansion -Property Damage Exclusion 2.a. of Coverage A is replaced with the following: a. Expected Or Intended Injury "Bodily injury' or "property damage" expected 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. The following is added to SECTION IV -COMMERCIAL GENERAL LIABILITY CONDITIONS, 4. OTHER INSURANCE: When this General Liability Plus endorsement provides coverage and such coverage is also provided by any other provision of this policy: a. There shall be no duplication of the Limits of Insurance. b. Any loss payment made under such other provisions shall reduce by such loss payments the Limits of Insurance available under the General Liability Plus endorsement. SECTION IV -COMMERCIAL GENERAL LIABILITY CONDITIONS is amended by adding: LIBERALIZATION If we adopt a change in our Comprehensive General Liability Coverage forms or rules that would broaden the coverage without extra charge, the broader coverage will apply to this Coverage Form. It will apply when the change becomes effective in your state. 8-1932 03 05 Page 9 of 9 CONTRACT CONTRACT #7975 STATE OF TEXAS COUNTY OF LUBBOCK THIS AGREEMENT, made and entered into this 91' day of August, 2007 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 Advantage Courts, Co. of the City of Amarillo, County of Randall 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: PROPOSAL #07-723-DD - COURT RESURFACING AT BURGESS RUSHING TENNIS CENTER - $44,550.00 and all extra work in connection therewith, under the terms as stated in the contract documents and at his (or their) own proper cost and expense to furnish all materials, supplies, machinery, equipment, tools, superintendence, labor, insurance and other accessories and services necessary to complete the said construction in accordance with the contract documents as defined in the General Condition of Agreement. Advantage Courts, Co.'s proposal dated July 16, 2007 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 proposal 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. CONT TOR: By: PRINTED NAM . 6 TITLE: COMPLETE ADDRESLa__- S: Company Ac� � Address is Zy Z -City, State, Zip_ Ptyyl >A' (1 0 "T' , R i `.._•:.ATTEST: f` "Corporate Secretary EA L CITY OF LUBBOCK E CAS (OV641Rj. MAYOR ATTEST: City Se etary No Text GENERAL CONDITIONS OF THE AGREEMENT GENERAL CONDITIONS OF THE AGREEMENT OWNER Whenever the word Owner, or First Party, are used in this contract, it shall be understood as referring to the City of Lubbock, Texas. 2. CONTRACTOR Whenever the word Contractor, or Second Party, is used, it shall be understood to mean the person, persons, co- partnership or corporation, to wit 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 RANDY TRUESDELL COMMUNITY SERVICES DIRECTOR, so designated who will inspect constructions; or to such other representatives, supervisors, architects, engineers, or inspectors as may be authorized by said Owner to act in any particular under this agreement. Engineers, supervisors or inspectors will act for the Owner under the direction of Owner's Representative, but shall not directly supervise the Contractor or persons acting on behalf of the Contractor. 4. CONTRACT DOCUMENTS The contract's documents shall consist of the Notice to Offerors, General Instructions to Offerors, Proposal, 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 Offeror for inspection in accordance with the Notice to Offerors. The above described materials are sometimes referred to herein as the "contract" or "contract documents". INTERPRETATION OF PHRASES Whenever the words "Directed," "Permitted," "Designated," "Required," "Considered Necessary," "Prescribed," or words of like import are used, it shall be understood that the direction, requirement, permission, order, designation or prescription of the Owner's Representative is intended; and similarly, the words "Approved," "Acceptable," "Satisfactory," or words of like import shall mean approved by or acceptable or satisfactory to the Owner's Representative. 6. SUBCONTRACTOR The term Subcontractor, as employed herein, includes only those having a direct contract with the Contractor for performance of work on the project contemplated by these contract documents. Owner shall have no responsibility to any Subcontractor employed by Contractor for performance of work on the project contemplated i by these contract documents, but said Subcontractors will look exclusively to Contractor for any payments due Subcontractor. The City reserves the right to approve or disapprove the selection of any subcontractor(s). 7. WRITTEN NOTICE Written notice shall be deemed to have been duly served if delivered in person to the individual or to a member of the firm or to an officer of the corporation for whom it is intended, or if delivered at or sent certified mail to the last business address known to the party who gives the notice. i_ 8. CONTRACTOR'S RESPONSIBILITIES Unless otherwise stipulated, the Contractor shall provide and pay for all materials, supplies, machinery, equipment, tools, superintendence, labor, insurance, and all water, light, power, fuel, transportation and all other facilities necessary for the execution and completion of the work covered by the contract documents. Unless otherwise specified, all materials shall be new and both workmanship and materials shall be of a good quality. The Contractor shall, if required, furnish satisfactory evidence as to the kind and quality of materials. Materials or work described in words which so applied have well known, technical or trade meaning shall be held to refer such recognized standards. All work shall be done and all materials furnished in strict conformity with the contract documents. SUBSTANTIALLY COMPLETED The term "Substantially Completed" is meant that the structure or project contemplated by the contract documents has been made suitable for use or occupancy or the facility is in a condition to serve its intended purpose, but still may require minor miscellaneous work and adjustment. 10. LAYOUT Except as specifically provided herein, the Contractor shall be responsible for laying out all work and shall accomplish this work in a manner acceptable to the Owner's Representative. The Owner's Representative will check the Contractor's layout of all major structures and any other layout work done by the Contractor at Contractor's request, but this check does not relieve the Contractor of the responsibility of correctly locating all work in accordance with the Plans and Specifications. 11. KEEPING OF PLANS AND SPECIFICATIONS ACCESSIBLE The Contractor shall be furnished copies of all Plans and Specifications without expense to Contractor and Contractor shall keep one copy of same consistently accessible on the job site. 12. RIGHT OF ENTRY The Owner's Representative may make periodic visits to the site to observe the progress or quality of the executed work and to determine, in general, if the work is proceeding in accordance with the contract documents. Owner's Representative will not be required to make exhaustive or continuous onsite inspections to check the quality or quantity of the work, nor will Owner's Representative be responsible for the construction means, methods, techniques, sequences or procedures, or the safety precautions incident thereto. Notwithstanding the Owner's Representative's rights of entry hereunder, the Owner's Representative will not be responsible for the Contractor's failure to perform the work in accordance with the Contract Documents. 13. LINES AND GRADES All lines and grades shall be furnished by the Owner's Representative whenever Owner's Representative deems said lines and grades are necessary for the commencement of the work contemplated by these contract documents or the completion of the work contemplated by these contract documents. Whenever necessary, Contractor shall suspend its work in order to permit Owner's Representative to comply with this requirement, but such suspension will be as brief as practical and Contractor shall be allowed no extra compensation therefore. The Contractor shall give the Owner's Representative ample notice of the time and place where lines and grades will be needed. All stakes, marks, etc., shall be carefully preserved by the Contractor, and in case of careless destruction or removal by Contractor, its Subcontractors, or its employees, such stakes, marks, etc., shall be replaced by the - Owner's Representative at Contractor's expense. 2 14. OWNER'S REPRESENTATIVE'S AUTHORITY AND DUTY Unless otherwise specified, it is mutually agreed between the parties to this Agreement that the Owner's Representative has the authority to review all work included herein. The Owner's Representative has the authority to stop the work whenever such stoppage may be necessary to ensure the proper execution of the contract. The Owner's Representative shall, in all cases, determine the amounts and quantities of the several kinds of work which are to be paid for under the contract documents, and shall determine all questions in relation to said work and the construction thereof, and shall, in all cases, decide every question which may arise relative to the execution of this contract on the part of said Contractor. The decision of the Owner's Representative shall be conclusive in the absence of written objection to same delivered to Owner's Representative within fifteen (15) calendar days of any decision or direction by Owner's Representative. In the absence of timely written objection by Contractor, as provided herein, any and all objection or objections shall be deemed waived. 15. SUPERINTENDENCE AND INSPECTION It is agreed by the Contractor that the Owner's Representative shall be and is hereby authorized to appoint from time to time such subordinate engineers, supervisors, or inspectors as the said Owner's Representative may deem proper to inspect the materials furnished and the work done under this Agreement, and to see that said material is furnished and said work is done in accordance with the specifications therefore. The Contractor shall furnish all reasonable aid and assistance required by the subordinate engineers, supervisors or inspectors for the proper inspection and examination of the work. The Contractor shall regard and obey the directions and instructions of any subordinate engineers, supervisors or inspectors so appointed, when such directions and instructions are consistent with the obligations of this Agreement and accompanying plans and specifications provided, however, should the Contractor object to any orders by any subordinate engineer, supervisor or inspector, the Contractor may within fifteen (15) calendar days make written appeal to the Owner's Representative for its decision. In the absence of timely written objection by Contractor, as provided herein, any and all objection or objections shall be deemed waived. 16. CONTRACTOR'S DUTY AND SUPERINTENDENCE The Contractor shall give personal attention to the faithful prosecution and completion of this contract and shall keep on the work, during its progress, a competent superintendent and any necessary assistants, all satisfactory to Owner's Representative. The superintendent shall represent the Contractor in its absence and all directions given to superintendent shall be binding as if given to the Contractor. It is expressly agreed that adequate supervision by competent and reasonable representatives of the Contractor is essential to the proper performance of the work and lack of such supervision shall be grounds for suspending operations of the Contractor. The work, from its commencement to completion, shall be under the exclusive charge and control of the Contractor and all risk in connection therewith shall be borne by the Contractor. I - The Owner or Owner's Representatives shall not be responsible for the acts or omissions of the Contractor, or any subcontractors, or any of Contractor's agents or employees, or any other persons performing any of the work. 17. CONTRACTOR'S UNDERSTANDING It is understood and agreed that the Contractor has, by careful examination, satisfied itself as to the nature and location of the work, the confirmation of the ground, the character, quality and quantity of materials to be encountered, the character of equipment and facilities needed preliminary to and during the prosecution of the work, and the general and local conditions, and all other matters which in any way affect the work under the contract documents. No oral agreement or conversation with any officer, agent, or employee of the Owner, or Owner's Representative either before or after the execution of this contract, shall affect or modify any of the terms or obligations herein contained. Subject to the rights of Owner as set forth in Paragraph 23 hereof, all modifications and/or amendments to the contract documents, shall be in writing, and executed by Owner's Representative and Contractor. Unless otherwise specified herein, all loss, expense or damage to Contractor arising out of the nature of the work to be done, or from the action of the elements, or from any unforeseen circumstance and the prosecution of the work, shall be sustained and borne by the Contractor at its own cost and expense. 18. CHARACTER OF WORKERS The Contractor agrees to employ only orderly and competent workers, skillful in the performance in the type of work required under this contract, to do the work; and agrees that whenever the Owner's Representative shall inform Contractor in writing that any man or men on the work, are, in Owner's Representative's sole opinion, - incompetent, unfaithful, disorderly, or otherwise unacceptable to Owner or Owner's Representative, such man or men shall be discharged from the work and shall not again be employed on the work without the Owner's Representative's written consent. 19. CONSTRUCTION PLANT The Contractor shall provide all labor, tools, equipment, machinery and materials necessary in the prosecution and completion of this contract where it is not otherwise specifically provided that Owner shall furnish same, and it is also understood that Owner shall not be held responsible for the care, preservation, conservation, or protection of any materials, tools, equipment or machinery or any part of the work until it is finally completed and accepted. The building of structures for the housing of men or equipment will be permitted only at such places as the Owner's Representative shall consent or direct, and the sanitary conditions of the grounds in or about such structure shall at all times be maintained in a manner satisfactory to the Owner's Representative. 20. SANITATION Necessary sanitary conveniences for the use of laborers on the work site, properly secluded from public observation, shall be constructed and maintained by the Contractor in such manner and at such points as shall be approved by the Owner's Representative and their use shall be strictly enforced. 21. OBSERVATION AND TESTING The Owner or Owner's Representative shall have the right at all times to observe and test the work. Contractor shall make necessary arrangements and provide proper facilities and access for such observation and testing at any location wherever such work is in preparation or progress. Contractor shall ascertain the scope of any observation that may be contemplated by Owner or Owner's Representative and shall give ample notice as to the time each part of the work will be ready for such observation. Owner or Owner's Representative may reject any such work found to be defective or not in accordance with the contract documents, regardless of the stage of its completion or the time or place of discovery of such errors and regardless of whether Owner's Representative has previously accepted the work through oversight or otherwise. If any such work should be covered without approval or consent of the Owner, it must, if requested by Owner or Owner's Representative, be uncovered for examination at - Contractor's expense. In the event that any part of the work is being fabricated or manufactured at a location where it is not convenient for Owner or Owner's Representative to make observations of such work or require testing of said work, then in such event Owner or Owner's Representative may require Contractor to furnish Owner or Owner's Representative certificates of inspection, testing or approval made by persons competent to perform such tasks at the location where that part of the work is being manufactured or fabricated. All such tests will be in accordance with the methods prescribed by the American Society for Testing and Materials or such other applicable organization as may be required by law or the contract documents. 4 If any such work which is required to be inspected, tested, or approved is covered up without written approval or consent of the Owner or Owner's Representative, it must, if requested by the Owner or Owner's Representative, be uncovered for observation and testing at the Contractor's expense. The cost of all such inspections, tests and approvals shall be borne by the Contractor unless otherwise provided herein. Any work which fails to meet the requirements of any such tests, inspections or approvals, and any work which meets the requirements of any such 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 proposal, 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 r 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 E Method (B) - By agreed lump sum; or 5 t Method (C) - If neither Method (A) or Method (B) be agreed upon before the extra work is commenced, then the Contractor shall be paid the lesser of the following: (1) actual field cost of the extra work, plus fifteen (15%) percent; or (2) the amount that would have been charged by a reasonable and prudent Contractor as a reasonable and necessary cost for performance of the extra work. In the event said extra work be performed and paid for under Method (C)(1), then the provisions of this paragraph shall apply and the "actual field cost" is hereby defined to include the cost of all workmen, such as foremen, timekeepers, mechanics and laborers, materials, supplies, teams, trucks, rentals on machinery and equipment, for the time actually employed or used on such extra work, plus actual transportation charges necessarily incurred, together with all expenses incurred directly on account of such extra work, including Social Security, Old Age Benefits, Maintenance Bonds, Public Liability and Property Damage and Workers' Compensation and all other insurances as may be required by law or ordinances or directed by the Owner or Owner's Representative, or by them agreed to. Owner's Representative may direct the form in which accounts of the actual field cost shall be kept and records of these accounts shall be made available to the Owner's Representative. The Owner's Representative may also specify in writing, before the work commences, the method of doing the work and the type and kind of machinery and equipment to be used; otherwise, these matters shall be determined by the Contractor. Unless otherwise agreed upon, the prices for the use of machinery and equipment shall be determined by using 100%, unless otherwise specified, of the latest Schedule of Equipment and Ownership Expenses adopted by the Associated General Contractors of America. Where practical, the terms and prices for the use of machinery and equipment shall be incorporated in the written extra work order. The fifteen percent (15%) of the actual field cost to be paid to Contractor shall cover and compensate Contractor for its profit, overhead, general superintendence and field office expense, and all other elements of cost and expense not embraced within the actual field cost as herein defined, save that where the Contractor's Camp or Field Office must be maintained primarily on account of such Extra Work, then the cost to maintain and operate the same shall be included in the "actual field cost." No claim for extra work of any kind will be allowed unless ordered in writing by Owner's Representative. In case any orders or instructions appear to the Contractor to involve extra work for which Contractor should receive compensation or an adjustment in the construction time, Contractor shall prior to commencement of such extra work, make written request to the Owner's Representative for a written order authorizing such extra work. Should a difference of opinion arise as to what does or does not constitute extra work or as to the payment therefore, and the Owner's Representative insists upon its performance, the Contractor shall proceed with the work after making written request for written order and shall keep adequate and accurate account of the actual field cost thereof, as provided under Method (C) (1). If Contractor does not notify Owner's Representative before the commencement of any extra work, any claim for payment due to alleged extra work shall be deemed waived. 25. DISCREPANCIES AND OMISSIONS It is further agreed that it is the intent of the contract documents that all work described in the proposal, 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 proposals are received, and if no such notice is received by the Owner's Representative prior to the opening of proposals, then it shall be deemed that the Contractor fully understands the work to be included and has provided sufficient sums in its proposal to complete the work in accordance with these plans and specifications. If Contractor does not notify Owner's Representative before offering 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 proposals. 26. RIGHT OF OWNER TO MODIFY METHODS AND EQUIPMENT If at any time the methods or equipment used by the Contractor are found to be inadequate to secure the quality of work with the rate of progress required under this contract, the Owner or Owner's Representative may order the Contractor in writing to increase their safety or improve their character and efficiency and the Contractor shall comply with such order. If, at any time, the working force of the Contractor is inadequate for securing the progress herein specified, the Contractor shall, if so ordered in writing, increase its force or equipment, or both, to such an extent as to give reasonable assurance of compliance with the schedule of progress. 27. PROTECTION AGAINST ACCIDENT TO EMPLOYEES AND THE PUBLIC AND GENERAL INDEMNITY The Contractor shall take out and procure a policy or policies of Workers' Compensation Insurance with an insurance company licensed to transact business in the State of Texas, which policy shall comply with the Workers' Compensation laws of the State of Texas. The Contractor shall at all times exercise reasonable precaution for the safety of employees and others on or near the work and shall comply with all applicable provisions of federal, state and municipal laws and building and construction codes. All machinery and equipment and other physical hazards shall be guarded in accordance with the "Manual of Accident Prevention in Construction" of Associated General Contractors of America, except where incompatible with federal, state or municipal laws or regulations. The Contractor, its sureties and insurance carriers shall defend, indemnify and hold harmless the Owner and all of its officers, agents and employees against any all losses, costs, damages, expenses, liabilities, claims and/or causes of action, whether known or unknown, fixed, actual, accrued or contingent, liquidated or unliquidated, including, but not limited to, attorneys' fees and expenses, in connection with, incident to, related to, or arising out of, the Contractor's or any subcontractor's, agent's or employee's, in any manner whatsoever, omission, execution and/or supervision of this contract, and the project which is the subject matter of this contract. The safety precautions taken shall be the sole responsibility of the Contractor, in its sole discretion as an Independent Contractor; inclusion of this paragraph in the Agreement, as well as any notice which may be given by the Owners or the Owner's Representative concerning omissions under this paragraph as the work progresses, are intended as reminders to the Contractor of its duty and shall not be construed as any assumption of duty to supervise safety precautions by either the Contractor or any of its subcontractors. 28. CONTRACTOR'S INSURANCE The Contractor shall not commence work under this contract until he has obtained all insurance as required in the General Conditions of the contract documents, from an underwriter authorized to do business in the State of Texas and satisfactory to the City. Proof of coverage shall be furnished to the City and written notice of cancellation or any material change will be provided ten (10) calendar days in advance of cancellation or change. All policies of insurance, required herein, including policies of insurance required to be provided by Contractor and its subcontractors, shall contain a waiver of any and all of the insurer's or payor's, in the event of self- insurance, rights to subrogation that any such insurer or payor, in the event of self-insurance, may acquire by virtue of payment of any loss under such insurance or self-insurance. All certificates of insurance submitted to the City in conformity with the provisions hereof shall establish such waiver. The Contractor shall procure and carry at its sole cost and expense through the life of this contract, insurance protection as hereinafter specified. Coverage in excess of that specified herein also shall be acceptable. Such insurance shall be carried with an insurance company authorized to transact business in the State of Texas and shall cover all operations in connection with this contract, whether performed by the Contractor or a subcontractor, or separate policies shall be provided covering the operation of each subcontractor. A certificate of insurance specifying each and all coverages shall be submitted prior to contract execution. N PROOF OF COVERAGE SHALL BE FURNISHED TO THE CITY OF LUBBOCK IN THE FORM OF A CERTIFICATE OF INSURANCE ALONG WITH A COPY OF THE ADDITIONAL INSURED ENDORSEMENT. THE INSURANCE CERTIFICATES FURNISHED SHALL NAME THE CITY OF LUBBOCK AS A PRIMARY ADDITIONAL INSURED AND PROVIDE A WAIVER OF _! SUBROGATION IN FAVOR OF THE CITY OF LUBBOCK AS REQUIRED BELOW, OR IN THE ALTERNATIVE, SHALL BE ACCOMPANIED BY A STATEMENT FROM THE CONTRACTOR TO THE EFFECT THAT NO WORK ON THIS PARTICULAR PROJECT SHALL BE SUBCONTRACTED. IT SHALL BE THE CONTRACTOR'S RESPONSIBILITY TO PROVIDE TO THE OWNER ALL PROOF OF COVERAGE INSURANCE DOCUMENTS INCLUDING WORKERS COMPENSATION COVERAGE FOR EACH SUBCONTRACTOR. A. Commercial General Liability Insurance (Primary Additional Insured and Waiver of Subrogation required) The contractor shall have Comprehensive Commercial General Liability Insurance with limits of 300 000 Combined Single Limit in the aggregate and per occurrence to include: Products & Completed Operations Hazard Contractual Liability Personal Injury & Advertising Injury B. Owner's and Contractor's Protective Liability Insurance. — NOT REQUIRED C. Comprehensive Automobile Liability Insurance (Waiver of Subrogation Required) The Contractor shall have Comprehensive Automobile Liability Insurance with limits of not less than; Bodily Injury/Property Damage, 10$ 0.000 Combined Single Limit, to include all owned and non -owned cars including: Employers Non -ownership Liability Hired and Non -owned Vehicles. D. Builder's Risk Insurance/Installation Floater Insurance. — NOT REQUIRED E. Umbrella Liability Insurance. — NOT REQUIRED F. Worker's Compensation and Employers Liability Insurance (Waiver of Subrogation required) Worker's Compensation Insurance covering all employees whether employed by the Contractor or any Subcontractor on the job with Employers Liability of at least 50$ 0,000. 1. Definitions: Certificate of coverage ("certificate") - A copy of a certificate of insurance, a certificate of authority to self -insure issued by the commission, or a coverage agreement (TWCC-81, TWCC- _, ! 82, TWCC-83, or TWCC-84), showing statutory workers' compensation insurance coverage for the person's or entity's employees providing services on a project, for the duration of the project. Duration of the project - includes the time from the beginning of the work on the project until the Contractor's/person's work on the project has been completed and accepted by the governmental entity. Persons providing services on the project ("subcontractor" in Section 406.096, Texas Labor Code) - includes all persons or entities performing all or part of the services the Contractor has undertaken to perform on the project, regardless of whether that person contracted directly with the Contractor and regardless of whether that person has employees. This includes, without limitation, independent contractors, subcontractors, leasing companies, motor carriers, owner - operators, employees of any such entity, or employees of any entity which furnishes persons to provide services on the project. "Services" include, without limitation, providing, hauling, or delivering equipment or materials, or providing labor, transportation, or other service related to a project. "Services" does not include activities unrelated to the project, such as food/beverage vendors, office supply deliveries, and delivery of portable toilets. 2. The Contractor shall provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements, which meets the statutory requirements of Texas Labor Code, Section 401.011(44) for all employees of the contractor providing services on the project, for the duration of the project. 3. The Contractor must provide a certificate of coverage to the governmental entity prior to being awarded the contract. 4. If the coverage period shown on the Contractor's current certificate of coverage ends during the duration of the project, the Contractor must, prior to the end of the coverage period, file a new certificate of coverage with the governmental entity showing that coverage has been extended. 5. The Contractor shall obtain from each person providing services on the project, and provide to the governmental entity: (a) a certificate of coverage, prior to that person beginning work on the project, so the governmental entity will have on file certificates of coverage showing coverage for all persons providing services on the project; and (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. The Contractor shall retain all required certificates of coverage for the duration of the project and for one year thereafter. 7. The Contractor shall notify the governmental entity in writing by certified mail or personal delivery, within 10 days after the Contractor knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project. 8. The Contractor shall post on each project site a notice, in the text, form and manner prescribed by the Texas Workers' Compensation Commission, informing all persons providing services on the �. project that they are required to be covered, and stating how a person may verify coverage and report lack of coverage. 9. The Contractor shall contractually require each person with whom it contracts to provide services on the project, to: (a) provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements, which meets the statutory requirements of Texas E- Labor Code, Section 401.011(44) for all of its employees providing services on the project, for the duration of the project; F 9 (b) provide to the Contractor, prior to that person beginning work on the project, a certificate of coverage showing that coverage is being provided for all employees of the person providing services on the project, for the duration of the project; (c) provide the Contractor, prior to the end of the coverage period, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (d) obtain from each other person with whom it contracts, and provide to the Contractor: (1) a certificate of coverage, prior to the other person beginning work on the project; and (2) a new certificate of coverage showing extension of coverage, prior to the end of the coverage period, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (e) retain all required certificates of coverage on file for the duration of the project and for one year thereafter; (f) notify the governmental entity in writing by certified mail or personal delivery, within 10 days after the person knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project; and (g) contractually require each person with whom it contracts to perform as required by paragraphs (a) - (g), with the certificates of coverage to be provided to the person for whom they are providing services. 10. By signing this contract or providing or causing to be provided a certificate of coverage, the Contractor is representing to the governmental entity that all employees of the Contractor who will provide services on the project will be covered by worker's compensation coverage for the duration of the project, that the coverage will be based on proper reporting of classification codes and payroll amounts, and that all coverage agreements will be filed with the appropriate insurance carrier or, in the case of a self -insured, with the commission's Division of Self -Insurance Regulation. Providing false or misleading information may subject the Contractor to administrative penalties, criminal penalties, civil penalties, or other civil actions. 11. The Contractor's failure to comply with any of these provisions is a breach of contract by the Contractor which entitles the governmental entity to declare the contract void if the Contractor does not remedy the breach within ten days after receipt of notice of breach from the - governmental entity. G. Proof of Coverage Before work on this contract is commenced, each Contractor and subcontractor shall submit to the Owner for approval five Certificates of Insurance covering each insurance policy carried and offered as evidence of compliance with the above insurance requirements, signed by an authorized representative of the insurance company setting forth: (1) The name and address of the insured. (2) The location of the operations to which the insurance applies. 10 The name of the policy and type or types of insurance in force thereunder on the date borne by such certificate. The expiration date of the policy and the limit or limits of liability thereunder on the date borne by such certificate. A provision that the policy may be canceled only by mailing written notice to the named insured at the address shown in the proposal specifications. 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. 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. If policy limits are paid, new policy must be secured for new coverage to complete project. A Contractor shall: (a) provide coverage for its employees providing services on a project, for the duration of the project based on proper reporting of classification codes and payroll amounts and filling of any coverage agreements; (b) provide a certificate of coverage showing workers' compensation coverage to the governmental entity prior to beginning work on the project; (c) provide the governmental entity, prior to the end of the coverage period, a new certificate of coverage showing extension of coverage, if the coverage period shown on the Contractor's current certificate of coverage ends during the duration of the project; (d) obtain from each person providing services on a project, and provide to the governmental entity: (i) a certificate of coverage, prior to that person beginning work on the project, so the governmental entity will have on file certificates of coverage showing coverage for all persons providing services on the project; and (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: ( 11 REQUIRED WORKERS' COMPENSATION COVERAGE "The law requires that each person working on this site or providing services related to this construction project must be covered by workers' compensation insurance. This includes persons providing, hauling, or delivering equipment or materials, or providing labor or transportation or other service related to the project, regardless of the identity of their employer or status as an employee. " "Call the Texas Workers' Compensation Commission at 8001372-7713 or 5121804-4000 (http://www twcc.state.musltwcccontacts.html) to receive information of the legal requirements for coverage, to verify whether your employer has provided the required coverage, or to report an employer's failure to provide coverage, " and (h) contractually require each person with whom it contracts to provide services on a project, to: (i) provide coverage based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements for all of its employees providing services on the project, for the duration of the project; (ii) provide a certificate of coverage to the Contractor prior to that person beginning work on the project; (iii) include in all contracts to provide services on the project the following language: "By signing this contract or providing or causing to be provided a certificate of coverage, the person signing this contract is representing to the governmental entity that all employees of the person signing this contract who will provide services on the project will be covered by workers' compensation coverage for the duration of the project, that the coverage will be based on proper reprinting of 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 f ' 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; 12 (vii) notify the governmental entity in writing by certified mail or personal delivery, within 10 days after the person knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project; and (viii) contractually require each other person with whom it contracts, to perform as required by paragraphs (i)-(viii), with the certificate of coverage to be provided to the person for whom they are providing services. 29. DISABLED EMPLOYEES Contractors having more than fifteen (15) employees agree to comply with the Americans with Disabilities Act of 1990, and agree not to discriminate against a qualified individual with a disability because of the disability of such individual in regard to job application procedures, the hiring, advancement, or discharge of employees, employee compensation, job training, and other terms, conditions, and privileges of employment. 30. PROTECTION AGAINST CLAIMS OF SUBCONTRACTORS, LABORERS, MATERIALMEN, AND FURNISHERS OF MACHINERY, EQUIPMENT AND SUPPLIES Without limiting, in any way, manner or form, the indemnity provided by Contractor in paragraph 27 hereof, the Contractor agrees that it will indemnify and save the Owner and all of its officers, agents and employees, harmless against any and all claims, liabilities, losses, damages, expenses and causes of action arising out of, in any way, manner or form, the demands of subcontractors, laborers, workmen, mechanics, material men and furnishers of machinery and parts thereof, equipment, power tools, and supplies, incurred in the performance of this contract and the project which is the subject matter of this contract. When Owner so desires, the Contractor shall furnish satisfactory evidence that all obligations of the nature hereinabove designated have been paid, discharged or waived. 31. PROTECTION AGAINST ROYALTIES OR PATENT INVENTION The Contractor shall pay all royalties and license fees, and shall provide for the use of any design, device, material or process covered by letters patent or copyright by suitable legal agreement with the Patentee or owner thereof. Without limiting, in any way, manner or form, the indemnity provided by Contractor in paragraph 27 hereof, the Contractor shall defend all suits or claims for infringement of any patent or copyrights and shall indemnify and save the Owner, and all of its officers, agents and employees harmless from any loss on account thereof, except that Owner shall defend all such suits and claims and shall be responsible for all such loss when a particular design, device, material or process or the product of a particular manufacturer or manufacturers is specified or required in these contract documents by Owner; provided, however, if choice of alternate design, device, material or process is allowed to the Contractor, then Contractor shall indemnify and save Owner, and all of its officers, agents and employees harmless from any loss on account thereof. Notwithstanding anything herein to the contrary, if the material or process specified or required by Owner and/or this contract is an infringement, the Contractor shall be responsible for such loss unless it gives written notice of such infringement to the Owner's Representative prior to offering. 32. LAWS AND ORDINANCES The Contractor shall at all times observe and comply with all federal, state and local laws, ordinances and regulations, which in any manner affect the contract or the work, and without limiting, in any way, manner or form, the indemnity provided by Contractor in paragraph 27 hereof, Contractor shall indemnify and save harmless the Owner, and all of its officers, agents, and employees against any claims arising from the violation of any such laws, ordinances, and regulations, whether by the Contractor, its employees, or subcontractors. If the Contractor observes that the plans and specifications are at variance therewith, he shall notify the Owner's Representative in writing prior to proposing and any necessary changes shall be adjusted as provided in the contract for changes in 13 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 there from. The Owner is a municipal corporation of the State of Texas and the law from which it derives its powers, insofar as the same regulates the objects for which, or the manner in which, or the conditions under which the Owner may enter into contracts, shall be controlling, and shall be considered as part of this contract to the same effect as though embodied herein. 33. SUBCONTRACTING The Contractor agrees that it will retain personal control and will give its personal attention to the fulfillment of this contract. The Contractor further agrees that subletting of any portion or feature of the work, or materials required in the performance of this contract, shall not relieve the Contractor from its full obligations to the Owner, as provided by the contract documents. 34. TIME FOR SUBSTANTIAL COMPLETION AND LIQUIDATED DAMAGES It is hereby understood and mutually agreed by and between the Contractor and the Owner, that the date of beginning and time for completion as specified in the contract documents, of work to be done hereunder are essential conditions of this contract; and it is further mutually understood and agreed that the work embraced in this contract shall be commenced as provided in the contract documents. If the Contractor should neglect, fail, or refuse to substantially complete the work within the time herein specified, then the Contractor does hereby agree as part of the consideration for the awarding of this contract, the Owner may withhold permanently from Contractor's total compensation, the sum of $25 (TEWNTY-FIVE) PER CALANDER DAY, not as a penalty, but as liquidated damages for the breach of the contract as herein set forth for each and every working day that the Contractor shall be in default after the time stipulated for substantially completing the work. It is expressly understood and agreed, by and between Contractor and the Owner, that the time for the substantial completion of the work described herein is reasonable time for the completion of the same, taking into consideration the average climatic range and conditions and usual industrial conditions prevailing in this locality. The amount is fixed and agreed upon by and between the Contractor and the Owner because the actual damages the Owner would sustain in such event would be difficult and/or impossible to estimate, however, the amount agreed upon herein is a reasonable forecast of the amount necessary to render just compensation to Owner, and is expressly agreed to be not disproportionate to actual damages as measured at time of breach. IT IS FURTHER AGREED AND UNDERSTOOD BETWEEN THE CONTRACTOR AND OWNER THAT TIME IS OF THE ESSENCE OF THIS CONTRACT. 35. TIME AND ORDER OF COMPLETION It is the meaning and intent of this contract, unless otherwise herein specifically provided, that the Contractor shall be allowed to prosecute its work at such time and sessions, in such order of precedence, and in such manner as shall be most conductive to economy of construction; provided, however, that the order and time of prosecution shall be such that the work shall be substantially completed as a whole and in part, in accordance with this contract, the plans and specifications, and within the time of completion designated in the proposal; 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. 14 The Contractor shall submit, at such times as may reasonably be requested by the Owner's Representative, schedules which shall show the order in which the Contractor intends to carry on the work, with dates at which the Contractor will start the several parts of the work and estimated dates of completion of the several parts. 36. TIME OF PERFORMANCE The Contractor agrees that it has submitted its proposal in full recognition of the time required for the completion of this project, taking into consideration the average climatic range and industrial conditions prevailing in this locality, and has considered the liquidated damage provisions of paragraph 34 hereinabove set forth and expressly agrees that it shall not be entitled to, nor will it request, an extension of time on this contract, except when its work has been delayed by an act or neglect of the Owner, Owner's Representative, employees of the Owner or other contractors employed by the Owner, or by changes ordered in the work, or by strike, walkouts, acts of God or the public enemy, fire or flood. Any request for extension shall be in writing with the written request for same setting forth all justifications, in detail, for the request, and submitted to Owner's Representative within twenty (20) calendar days of the occurrence of the event causing said delay. A failure by Owner's Representative to affirmatively grant the extension no later than twenty (20) calendar days of written submission by Contractor shall be deemed a denial, and final. Further, in the absence of timely written notification of such delay and request for extension, as provided herein, any request for extension by Contractor shall be deemed waived. 37. HINDRANCE AND DELAYS In executing the contract, the Contractor agrees that in undertaking to complete the work within the time herein fixed, Contractor has taken into consideration and made allowances for all hindrances and delays incident to such work, whether growing out of delays due to unusual and unanticipated circumstances, difficulties or delays in securing material or workmen, or any other cause or occurrence. No charge shall be made by the Contractor for hindrance or delays from any cause during the progress of any part of the work embraced in this contract except where the work is stopped by order of the Owner or Owner's Representative for the Owner's convenience, in 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 proposals offered for the work. In the event the amount of work to be done and materials to be furnished are expressly stated to be estimated, and only when same are expressly stated to be estimated, it is understood and agreed that the actual amount of work to be done and the materials to be furnished under this contract may differ somewhat from these estimates, and that where the basis for payment under this contract is the unit price method, payment shall be for the actual amount of work done and materials furnished on the project. { 39. PROTECTION OF ADJOINING PROPERTY - The Contractor shall take proper means to protect the adjacent or adjoining property or properties in any way encountered, which may be injured or seriously affected by any process of construction to be undertaken under this agreement, from any damage or injury by reason of said process of construction; and Contractor shall be liable for any and all claims for such damage on account of his failure to fully protect all adjacent property. Without limiting, in any way, manner and form, the indemnity provided by Contractor in paragraph 27 hereof, the Contractor agrees to indemnify, save and hold harmless the Owner, and any of its officers, agents and employees, 15 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 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 3 with the work. Before final payment is made, Contractor shall satisfy Owner, by affidavit or otherwise, that there are no outstanding liens against Owner's premises by reason of any work under the contract. Acceptance by Contractor of final payment of the contract price shall constitute a waiver of all claims against Owner, Owner's agents and employees, which have not theretofore been timely filed as provided in this contract. 42. PARTIAL PAYMENTS On or before the tenth day of each month, the Contractor shall submit to Owner's Representative an application for partial payment or, if the Contractor does not submit such application, the Owner's Representative shall determine the amount to be partially paid. Owner's Representative shall review said application for partial payment if submitted, and the progress of the work made by the Contractor and if found to be in order, shall prepare a certificate for partial payment showing as completely as practical the total value of the work done by the Contractor up to and including the last day of the preceding month. The determination of the partial payment by the Owner's Representative shall be in accordance with Paragraph 14 hereof. The Owner shall then pay the Contractor on or before the fifteenth day of the current month the total amount of the Owner's Representative's Certificate of Partial Payment, less 5% of the amount thereof, which 5% shall be retained until final payment, and further, less all previous payments and all further sums that may be retained by Owner under the terms of the contract documents. Any partial payment made hereunder shall not constitute a waiver by the Owner of any and all other rights to enforce the express terms of the contract documents, and all remedies provided therein, as to any and all work performed, to be performed and/or materials delivered hereunder, including, but limited to, work to which said partial payment is attributable. 43. SUBSTANTIAL COMPLETION Contractor shall give Owner's Representative written notice of substantial completion. Within thirty-one (31) working days after the Contractor has given the Owner's Representative written notice that the work has been substantially completed, the Owner's Representative and/or the Owner shall inspect the work and within said time, if the work be found to be substantially completed in accordance with the contract documents, the Owner's Representative shall issue to the Owner and Contractor a certificate of substantial completion. Notwithstanding 16 l the issuance of a certificate of substantial completion, Contractor shall proceed with diligence to finally complete the work within the time provided in this contract. 44. FINAL COMPLETION AND PAYMENT The Contractor shall give written notice to Owner's Representative of final completion. Upon written notice of final completion, the Owner's Representative shall proceed to make final measurement to determine whether final completion has occurred. If the Owner's Representative determines final completion has occurred, Owner's Representative shall so certify to the Owner. Upon certification by Owner's Representative of final completion, Owner shall pay to the Contractor on or before the 31 st working day after the date of certification of final completion, the balance due Contractor under the terms of this agreement. Neither the certification of final completion nor the final payment, nor any provisions in the contract documents shall relieve the Contractor of the obligation for fulfillment of any warranty which may be required in the contract documents and/or any warranty or warranties implied by law or otherwise. 45. CORRECTION OF WORK Contractor shall promptly remove from Owner's premises all materials condemned by the Owner's Representative on account of failure to conform to the contract documents, whether actually incorporated in the work or not, and Contractor shall at its own expense promptly replace such condemned materials with other materials conforming to the requirements of the contract documents. Contractor shall also bear the expense of restoring all work of other contractors damaged by any such removal or replacement. If Contractor does not remove and replace any such condemned work within a reasonable time after a written notice by the Owner or the Owner's Representative, Owner may remove and replace it at Contractor's expense. Neither the final payment, nor certification of final completion or substantial completion, nor any provision in the contract documents shall relieve the Contractor of responsibility for faulty materials or workmanship, and Contractor shall remedy any defects due thereto and pay for any damage to other work resulting therefrom, which shall appear within a period of one (1) year from the date of certification of final completion by Owner's Representative. 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. L 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 17 denial by the Owner's Representative, shall be final and conclusive in the absence of fraud. It is further agreed that the acceptance by the Contractor of the final payment shall be a bar to any and all claims of the Contractor, and constitute a waiver of the right to assert any claim against Owner, Owner's agents and employees and Owner's Representative, by Contractor. 48. NON-COMPLIANCE AND/OR ABANDONMENT BY CONTRACTOR In case the Contractor should (1) abandon and fail or refuse to resume work within fifteen (15) calendar days after written notification from the Owner or the Owner's Representative, or (2) if the Contractor fails to comply with the written orders of the Owner's Representative, when such orders are consistent with this contract, then the Surety on the bond shall be notified in writing and directed to complete the work and a copy of said notice shall be delivered to the Contractor. In the event a bond is not required by law, or otherwise obtained by the Contractor, no further notice of such non-compliance to Contractor shall be required. After receiving said notice of abandonment or non-compliance , the Contractor shall not remove from the work any machinery, equipment, tools, materials or supplies then on the job, but the same, together with any materials and equipment under the contract for work, may be held for use on the work by the Owner or the Surety of the Contractor, or another contractor, in completion of the work; and the Contractor shall not receive any rental or credit therefore (except when used in connection with Extra Work, where credit shall be allowed as provided for under paragraph 24 of this contract); it being understood that the use of such equipment and materials will ultimately reduce the cost to complete the work and be reflected in the final settlement. In the event the Contractor, or Surety, whichever is applicable, should fail to commence compliance with the notice hereinbefore provided within ten (10) calendar days after service of such notice, and/or shall fail to proceed with diligence to complete the project as contemplated and in compliance with all terms and provisions of the contract documents, then the Owner may exercise any and all remedies available to it pursuant to law, contract, equity or otherwise, including, but not limited to, providing for completion of the work in either of the following elective manners: (a) The Owner may employ such force of men and use of machinery, equipment, tools, materials and supplies as said Owner may deem necessary to complete the work and charge the expense of such labor, machinery, equipment, tools, materials and supplies to said Contractor, and the expense so charged shall be deducted and paid by the Owner out of such moneys as may be due, or that may thereafter at any time become due to the Contractor under and by virtue of this Agreement. In case such expense is less than the sum which would have been payable under this contract, if the same had been completed by the Contractor, then said Contractor shall receive the difference. In case such expense is greater than the sum which would have been payable under this contract, if the same had been completed by said Contractor, then the Contractor and/or its Surety shall pay the amount of such excess to the Owner; or (b) The Owner, under sealed proposals, after notice published as required by law, at least twice in a newspaper having a general circulation in the County of location of the work, may let the contract for the completion of the work under substantially the same terms and conditions which are provided in this contract. In case of any increase in cost to the Owner under the new contract as compared to what would have been the cost under this contract, such increase shall be charged to the Contractor and the Surety shall be and remain bound therefore. Should the cost to complete any such new contract prove to be less than that which would have been the cost to complete the work under this contract, the Contractor or his Surety shall be credited therewith. In the event the Owner's Representative elects to complete the work, as described above, when the work shall have been finally completed, the Contractor and his Surety shall be so notified and certification of completion as provided in paragraph 44 hereinabove set forth, shall be issued. A complete itemized statement of the contract accounts, certified to by Owner's Representative as being correct shall then be prepared and delivered to Contractor and his Surety, if applicable, whereon the Contractor or his Surety, or the Owner as the case may be, 18 shall pay the balance due as reflected by said statement within 30 days after the date of certification of completion. In the event the statement of accounts shows that the cost to complete the work is less than that which would have been the cost to the Owner had the work been completed by the Contractor under the terms of this contract, or when the Contractor and/or his Surety, if applicable, shall pay the balance shown to be due by them to the Owner, then all machinery, equipment, tools, materials or supplies left on the site of the work shall be turned over to the Contractor and/or his Surety, if applicable. Should the cost to complete the work exceed the contract price, and the Contractor and/or his Surety, if applicable, fail to pay the amount due the Owner within the time designated hereinabove, and there remains any machinery, equipment, tools, materials or supplies on the site of the work, notice thereof, together with an itemized list of such equipment and materials shall be mailed to the Contractor and his Surety, if applicable, at the respective addresses designated in this contract; provided, however, that actual written notice given in any manner will satisfy this condition. After mailing, or other giving of such notice, such property shall be held at the risk of the Contractor and his Surety, if applicable, subject only to the duty of the Owner to exercise ordinary care to protect such property. After fifteen (15) calendar days from the date of said notice the Owner may sell such machinery, equipment, tools, materials or supplies and apply the net sum derived from such sale to the credit of the Contractor and his Surety, if applicable. Such sale may be made at either public or private sale, with or without notice, as the Owner may elect. The Owner shall release any machinery, equipment, tools, materials, or supplies that remain on the jobsite and belong to persons other than the Contractor or his Surety, if applicable, to their proper owners. The remedies provided to Owner by law, equity, contract, or otherwise, shall be cumulative, to the extent permitted by law. It is expressly agreed and understood that the exercise by Owner of the remedies provided in this paragraph shall not constitute an election of remedies on the part of Owner, and Owner, irrespective of its exercise of remedies hereunder, shall be entitled to exercise concurrently or otherwise, any and all other remedies available to it, by law, equity, contract or otherwise, including but not limited to, liquidated damages, as provided in paragraph 34, hereinabove set forth. 49. LIMITATION ON CONTRACTOR'S REMEDY The remedies of Contractor hereunder shall be limited to, and Owner shall be liable only for, work actually performed by Contractor and/or its subcontractors as set forth in the contract documents, and Owner shall not be liable for any consequential, punitive or indirect loss or damage that Contractor may suffer in connection with the project which is the subject matter of this contract. 50. BONDS The Contractor is required to furnish a performance bond in accordance with Chapter 2253, Government Code, in the amount of 100% of the total contract price in the event that said contract price exceeds $100,000 and the Contractor is required to furnish a payment bond in accordance with Chapter 2253, Government Code, in the amount of 100% of the total contract price in the event that said contract price exceeds $25,000. All bonds shall be submitted on forms supplied by the Owner, and executed by an approved Surety Company authorized to do business in the State of Texas. It is further agreed that this contract shall not be in effect until such bonds are so furnished. 51. SPECIAL CONDITIONS In the event special conditions are contained herein as part of the contract documents and said special conditions conflict with any of the general conditions contained in this contract, then in such event the special conditions shall control. I 19 52. LOSS OR EXPENSE DUE TO UNUSUAL OR UNANTICIPATED CIRCUMSTANCES Unless otherwise specified herein, all loss, expense or damage to the Contractor arising out of the nature of the work to be done, or from the action of the elements, or from any unforeseen circumstance or from unusual obstructions or difficulties, naturally occurring, man made or otherwise, which may be encountered in the prosecution of the work, shall be sustained and borne by the Contractor at his own cost and expense. 53. INDEPENDENT CONTRACTOR Contractor is, and shall remain, an independent contractor with full, complete and exclusive power and authority to direct, supervise, and control its own employees and to determine the method of the performance of the work covered hereby. The fact that the Owner or Owner's Representative shall have the right to observe Contractor's work during Contractor's performance and to carry out the other prerogatives which are expressly reserved to and vested in the Owner or Owner's Representative hereunder, is not intended to and shall not at any time change or effect the status of the Contractor as an independent contractor with respect to either the Owner or Owner's Representative or to the Contractor's own employees or to any other person, firm, or corporation. 54. CLEANING UP The Contractor shall at all times keep the premises free from accumulation of debris caused by the work, and at the completion of the work Contractor shall remove all such debris and also its tools, scaffolding, and surplus materials and shall leave the work room clean or its equivalent. The work shall be left in good order and condition. In case of dispute Owner may remove the debris and charge the cost to the Contractor. 55. HAZARDOUS SUBSTANCES AND ASBESTOS Hazardous Substances (herein so called), as defined in the Comprehensive Environmental Response, Compensation, and Liability Act (42 U.S.C.S. §9601(14)) and the regulations promulgated thereunder, as same may be amended from time to time, hydrocarbons or other petroleum products or byproducts and/or asbestos, in any form, shall not (i) be utilized, in any way, manner or form, in the construction of, or incorporation into, the Project; or (ii) be brought upon, placed, or located, by any party, on the Project site, or any other property of the City, without the written consent of the Owner's Representative. If Contractor believes that the utilization of a Hazardous Substance, hydrocarbons or other petroleum products or byproducts and/or asbestos is necessary in the construction of the Project, or that it is necessary to place and/or otherwise locate upon the site of the Project or other property of the City, a Hazardous Substance, hydrocarbons or other petroleum products or byproducts and/or asbestos, Contractor shall notify the Owner's Representative, and request consent therefrom, at least twenty (20) days prior to such action. Owner's Representative may grant or deny the request of Contractor and provide whatever requirements such consent, if granted, is conditioned upon, in its sole and absolute discretion. If 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 20 r 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. 21 CURRENT WAGE DETERMINATIONS RE: RESOLUTION NO.2002-R0483, NOVEMBER 14, 2002 Craft Acoustical Ceiling Installer Air Conditioner Installer Air Conditioner Installer -Helper Asbestos Worker Asbestos Supervisor Bricklayer Bricklayer -Helper Carpenter Carpenter -Helper Cement Finisher Drywall Hanger Electrician Electrician -Helper Equipment Operator -Heavy Equipment Operator -Light Fire Sprinkler Fitter -Journey Fire Sprinkler Fitter -Apprentice Floor Installer Glazier Insulator-Piping/Boiler Insulator -Helper Iron Worker Laborer -General Mortar Mixer Painter Plumber Plumber -Helper Roofer Roofer -Helper Sheet Metal Worker Sheet Metal Worker -Helper Welder -Certified EXHIBIT A City of Lubbock Building Construction Trades Prevailing Rates Hourly Rate 11.50 12.00 7.50 9.00 12.50 12.50 7.00 11.00 7.00 9.00 11.00 15.00 8.00 10.00 9.00 18.00 10.00 9.50 10.50 10.50 7.00 11.00 6.00 6.00 9.50 12.50 7.00 9.00 7.00 10.00 7.00 11.00 1 EXHIBIT B Paving and Highway Construction Prevailing Wage Rates Craft Hourly Rate Asphalt Heaterman 9.00 Asphalt Shoveler 7.50 Concrete Finisher 9.00 Concrete Finisher -Helper 7.50 Electrical Repairer -Equipment 12.50 Flagger 6.50 Form Setter 8.00 Form Setter -Helper 6.50 Laborer -General 6.00 Laborer -Utility 6.75 Mechanic 9.00 Mechanic -Helper 7.00 Power Equipment Operators Asphalt Paving Machine 9.00 Bulldozer 9.00 Concrete Paving Machine 9.00 Front End Loader 9.00 Heavy Equipment Operator 9.00 Light Equipment Operator 8.00 Motor Grader Operator 10.25 Roller 7.00 Scraper 7.50 Tractor -Trailer 8.50 Truck Driver -Heavy 8.00 Truck Driver -Light 7.00 EXHIBIT C Prevailing Wage Rates Overtime Rate The rate for overtime (in excess of forty hours per week) shall be as required by the Fair Labor Standards Act. EXHIBIT D Prevailing Wage Rates Legal Holiday Rate The rate for legal holidays shall be as required by the Fair Labor Standards Act. 3 SPECIFICATIONS Specifications —Tennis Court Refurbishing at the Burgess Rushing Tennis Center Location: 3030 66t' Street Lubbock, Texas Scope of work: 1. Work is to be performed on Courts One, Two, Four, Five, Seven, Eight, Nine, Ten and Eleven. 2. Power wash courts using a minimum of 3500 psi. Remove all loose and spalled material. 3. Fill and level all cracks and depressed areas. 4. Apply base coat using approximately 1200 pounds of sand per court. Coating to be California products or approved equal. 5. Apply two color coats, blue on the interior of courts, green on the exterior of courts. City to select color. California products are to be used, or approved equal. Color coating to be guaranteed for one year from completion date. 6. Stripe courts to USTA regulations 7. Clean area of all materials. — ^- A IXv sbn of CaldarNa Products • An Employee Owned Cmpany SECTION 10.4 � VCljo Poe, 978-p Road, Andover Massfi&1141 . Fait 01810 USA .9 Phone: 978.623.98801800-22&1111 . t;me 978.823.9G60 v, �.pap�a,e,�n,•vffo�e,opa e.com SITE IMPROVEMENTS A'ITILETIC FACILITIES EXTERIOR/INTERIOR LINE MARKING PAINT FOR ATHLETIC SURFACES ACRYLIC LATEX HI -HIDE PLEXICOLORO LINE PAINT TEXTURED OR NON -TEXTURED DESCRIPTION: Highly reflective marking paint for use over any bituminous surface or color coating system in recreational or light traffic areas. The finished application is non -glaring, highly resistant to climatic conditions, fast drying easily applied, and provides excellent hiding. Plexicolor Line Paint will not cause crazing, cracking, peeling, or deterioration to asphalt that is typical of solvent -type traffic paints. Also available as a texture line paint coatings fine silica fillers. SURFACE USES: Asphalt and color -coated or concrete surfaces: • Tennis Courts • Play Areas • Asphalt Shingles APPLICATION: ■ Brush ■ Roller DRYING TIME: 30 minutes to one hour — 1 coat COLOR RANGE: • Curbs and Berns • Running Tracks ■ Spray and Marking Equipment • Airless Spray White, Yellow, Red, Blue, Green, Orange, Black COVERAGE: Approximately 150-200 square feet per gallon. (One gallon generally required for one doubles tennis court, 481 linear feet — 2" wide). • Parking Lots • Restricted Travel Roadways (Not subjected to wet abrasion) LIMffATIONS: • Apply only when ambient temperature is 50oF and rising. • Do not apply when rain or high humidity is imminent. • Not for application on general use roadways subjected to skidding tires, snowplows, or chains. • Keep from freezing. Do not store in hot sun. • Keep containers tightly closed when not in use. • Do not apply when surface temperature is less than 50°F or more than 1401F. . Allow asphalt to cure at least 14 days. See reverse side for application specifications. SPECIFICATIONS PLEXICOLOR LINE PAINT The Line Paint, as designated on drawings and in specifications, for use over asphaltic and tar emulsion surfaces including slurry coats, shall conform to the following characteristics and performance: The paint shall be a 100% acrylic emulsion type containing no alkyds, butadiene styrene, or vinyls and shall be thinned with water only. The paint shall also be suitable for application by brush, spray, or roller. All materials used in the manufacturing of paint shall be of good commercial quality entirely suitable for the purpose intended under normal conditions for use. For white color, the opaque portion of the pigment shall be rutile titanium dioxide and the vehicle shall consist of 100% acrylic polymer dispersed in water together with the minimum amounts of necessary additives; such as pigment dispersents, anti -foaming agents, and preservatives; but no driers shall be used. The white paint shall meet a minimum requirement of total solids (percent by weight or paint) of 51.5% and a maximum pigment content (percent by weight of paint) of 36%. The white paint shall contain not less than three pounds per gallon of treated rutile titanium dioxide. A minimum fitness of grind of 4 and a viscosity (Krebs Units) of 80 minimum and 95 maximum is required. The paint shall brush easily and have good flowing, leveling, and spreading characteristics and shall be suitable for application by spray equipment or rollers. This paint shall be suitable for use over all types of bituminous surfaces and, when applied over emulsified asphalt, it shall not cause lifting, crazing, peeling, or other damage to the base. MATERIAL SAFETY DATA SHEET (Essentlaliv similar to OSHA form 174, Sept. 1985 - (For compliance with OSHA's Hazard Comunication Standard, 29CFR 1910.1200) CALIFORNIA LINE PAINT NO.6020 WHITE & NO.6220 TEXTURED WHITE SECTION I PRODUCT IDENTITY: MANUFACTURER'SNAME: DATE OF PREPARATION: October, 2006 California Products Corporation INFORMATION TELEPHONE NO.: STREETADDRESS:150DascombRoad (978) 623-9980 Ext. 223 CITY /STATE: Andover, MA EMERGENCYTELEPHONE NO's.: ZIP CODE: 01810 Weekdays: (978) 623-9980 Ext. 223 (After hours, weekends & holidays) MAILADDRESS: 150 Dascomb Rd. (978) 887-5926, or "CHEM-TEL" Andover, MA 01810 Emergency Contact Number: (800) 255-3924 SECTION 11- Hazardous Ingredients/Identity Information COMPONENT (S) NAME (S) % NO PEL TLV _- Ethylene glycol + (same) <2 107-21-1 50 ppm (T'LV) Note: This product contains more than 0.1 % crystalline silica (CAS No.14808-60.7), which has been classified by IARC as a Class i carcinogen. Normal application procedures pose no hazard since the silica is wet and encapsulated when this product Is stirred into coatings, but grinding or sanding dried films may yield respirable silica dusts. Control exposures to less than 0.1 mghW using NIOSH-approved dust filter respirators. ----._..... _. _�.__...�__--..-. s io— rerara ri-ta fal Nn 1. 2 nn Rpversel SECTION to - iC liSe r r r Boiling Points of Major nar L= 212°F - • • - - Specific Gravity (H2O=1) WGT/GAL, LBS with varies constituent s : Water with color Vapor Pressure (mm Hg) 0100°C 760 Melting Point Water (ice) Above 32°F Vapor Density (AIR=1) Evaporation Rate Heavier Bu 1 Acetate=1 Slower rCA0M:p:1at_ and Odor Viscous liquid; slight ammonaical odor LighterAppearance Solubilityin Water SECTION IV - FIRE AND EXPLOSION HAZARD DATA Non -Flammable Flash Non- Flammable Limits: DOT Hazard Class: Marking: from , Point., C mhustlhle LEL: NIA Not Regulated HAZARDOUS POLYMERIZATION: Will not occur. STABILITY: Stable INCOMPATABILiTY: Avoid contact with: Strong oxidizing agents (e.g., nitric acid, permanganates), etc. HAZARDOUS DECOMPOSITION PRODUCTS: Some carbon monoxide SECTION VI - HEALTH HAZARD DATA, TOXICITY DATA; Route (s) of Entry: N/A Carcinogenicity? See note In Section If (above) Health azar s cue and Chronic) EFFECTS OF OVEREXPOSURE: Inhalation; Vapors or spray mists maybe slightly Irritating to eye, nose, throat, and mucous membranes of respiratory tract producing symptoms of headache, nausea in poorly ventilated areas. Skin Contact: Prolonged or repeated contact with coating may cause slight skin Irritation. Eye Contact: Direct contact: inconsequential eye irritation. EMERGENCY AND FIRST AID PROCEDURES: Eye and Skin Contact; Immediatelyflusheyes with plenty ofwater for at least 15 minutes and consult physician; wash skin thoroughly with soap and water; if drenched, remove and wash clothing before reuse. Ingestion: if victim is conscious, give 2 glasses of water. Call a physician. SUPPLEMENTAL INFORMATION To comply with New Jersey DOH Right -To -Know labelling law (N.J.A.C. 8:59 - 5.1 & 5.2) Chemical emical Ingredients ^_ CAS NO. 7732.18-5 Water 107-21-1 Ethylene glycol 13463-67-7 Titanium dioxide 14808-60-7 Silica (sand) Not available+ Latex resin solids (+) Contents partially unknown HMIS HAZARD RATING Health 1 Physical I Flammability 0 1 Hazard Personal I Protection A HAZARDINDEX O=Minimal 1=Sli ht, 2=Moderate 3=Serious 4=Severe PERSONAL PROTECTION CODE A=Safety glasses I LATEX MSDS PAGE 2 SECTION VII: PRECAUTIONS FOR SAFE HANDLING AND USE STEPS TO BE TAKEN IN CASE MATERIAL IS RELEASED OR SPILLED: Keep unnecessary people away. Floor may be slippery; use care to avoid falling. Dike and contain material with inert material (e.g. sand, earth). Transfer liquid to containers for recovery or disposal and solid diking material to separate r containers for disposal. Keep spills and cleaning run-offs out of municipal sewers and open bodies of water. WASTE DISPOSAL METHOD: The coating and any contaminated diking material should be thoroughly air dried and collected into drums. The drums should then be sealed and properly labeled with waste designation and landfill or incinerated according to current local, state and federal regulations. PRECAUTIONS TO BE TAKEN IN HANDLING AND STORING: Maximum storage temperature 100 degrees Fahrenheit. Keep closure tight and container upright to prevent leakage. Precautionary Labeling: "Keep from Freezing". OTHER PRECAUTIONS: Do not get in eyes. Avoid skin contact. Prevent prolonged or repeated breathing of vapor or spray mists. Do not handle until the manufacturer's safety precautions and label instructions have been read and understood. Avoid breathing sanding dust. SECTION Vlll. CONTROL MEASURES RESPIRATORY PROTECTION: None required if good ventilation is maintained. Wear respirator (MSHA/NIOSH-approved or equivalent) suitable for concentrations and types of air contaminants encountered. Use approved chemical/mechanical filters designed to remove particulates in open and restricted ventilation areas. Use MSHA/NIOSH-approved airline type respirators or hood in confined areas. VENTILATION: Sufficient ventilation, in pattern and volume, should be provided to keep the air contaminant concentration below applicable exposure limits. All application areas should be ventilated in accordance with OSHA regulation 29CFR Part 1910.94. PROTECTIVE GLOVES: Impervious gloves should be worn if prolonged skin contact is likely. Use neoprene or rubber gloves to prevent prolonged skin contact. EYE PROTECTION: Use safety eyewear including side shields, face shields, or chemical splash goggles (ANSIZ-87.1 or approved equivalent). OTHER PROTECTIVE EQUIPMENT: Use disposable or impervious clothing if work clothing contami- nation is likely. Use protective cream if prolonged skin contact is likely. HYGIENIC PRACTICES: Wash hands before eating, smoking or using the washroom. Food or beverages should not be consumed anywhere this product is being applied. REFERENCES: 1. Sax, N.I., "Dangerous Properties of Industrial Materials", 8th ed., Van Nostrand Reinhold Company Inc., NY,1992. 2. American Conference of Governmental Industrial Hygienists, "TLV's and Biological Exposure Indices" for the current year (published annually). 3. U.S. Code of Federal Regulations (CFR) U.S. Dept. of Labor, No. 29, Parts 1900 to 1910.1200. OSHA Communications Standard 29 CFR 1910.1200 (Latest edition). 4. Sax, N.I., R.J. "Hazardous Chemicals Desk Reference", Van Nostrand Reinhold Co., Inc., 3rd ed. 1993. 5. Fire Protection Guide to Hazardous Materials,l2ed., National Fire Protection Association, Quincy, MA,1997. 6. Title III List of Lists, U.S. Environmental Protection Agency publication EPA 560/4-90-011, January 1990. r 7. Coatings Encyclopedic Dictionary, Stanley LeSota, Editor, Federation of Soc. for Coatings Tech- nology, Blue Bell, PA,1995. 8. Hawley's Condensed Chemical Dictionary,l3th edition, Richard J. Lewis, Sr., Editor, Van Nostrand Reinhold Co., NY 1997. 9. Paint Industry Labeling Guide, 5th ed., National Paint & Coatings Association., Washington, DC 2000. r •—.—�71 A DhAtian o1 Ceirom1s PmdUde • An Employee owned c«npanr SECTION 10.8 � ej R paeoomb Road Andover I/esse - F- 7= USA Phone: eye sea seep r aoo sea ++a+ •Fax 978 823-gm SITE IMPROVEMENTS ^� —,— www_Waxtpave.c«n. nroapbupeve.00n+ ATI4.6TICFACILITIES } EXTERIOR/INTERIOR ACRYLIC LATEX SLURRY RESURFACER ACRYLIC RESURFACER i DESCRIPTION Acrylic Resurfacer is an asbestos free, acrylic latex binder developed expressly for job mixing with silica sand to obtain a fast drying filler coat that reduces surface posterity in asphalt and concrete pavements. As -f opposed to other filler coat products, multiple applications of Acrylic Resurfacer does not require rolling between coats. SURFACE USES Acrylic Resurfacer may be applied over properly prepared asphalt and concrete sub -bases that are to be surfaced with the Plexipave® or Plexieushion® Surfacing Systems. APPLICATION Use a 70 Durometer flexible rubber squeegee; 24", 30", 36" width. DRYING TIME Thirty minutes to one hour under optimum outdoor temperature and humidity conditions (70°F, 50% humidity). For indoor application, provide heat and air circulation to expedite drying. MIXING A variety of sand gradations can be used depending on the surface condition to be treaded. Quantities of sand and water will vary depending on the sand gradation. When using finer gradation less sand should be used to maintain strength in the mix. For leveling or patching, Court Patch Binder mixes should be used (see specification Section 10.14). Resurfacer Mix (for squeegee application) Acrylic Resurfacer 55 gallons Water (clear and potable) 20-40 gallons Sand (60-80 mesh) 600-900 pounds Liquid Yield 112-138 gallons COVERAGE Filler Coat: 15-20 square yards per gallons depending on surface texture and porosity (.05-.07 gals/sq. yd.) LIMITATIONS • Apply only when ambient temperature is 50°F and rising. • Do not apply when rain is imminent. • Do not apply when surface temperature is less than 50°F or more than 140°F. • Do not apply over tar emulsion sealers. • Keep containers tightly closed when not in use. • Keep materials from freezing. • New asphalt shall be allowed to cure for at least 14 days; concrete shall cure for 28 days. Do not use curing compounds • Use only with sands free of clay, silt and other foreign materials. • The Plexipave System will not prevent pavement cracks from occurring. i SPECIFICATIONS ACRYLIC RESURFACER 1.0 SCOPE 1.1 This specification pertains to the application of Acrylic Resurfacer over asphalt and concrete tennis courts and other recreational areas as designated in the Site Plans. The material is to be used as a filler coating to reduce surface porosity and obtain a uniform texture prior to applying the Plexipave Color Surface System. Application shall be equally durable over indoor or outdoor asphalt, indoor concrete and outdoor concrete with a proper vapor barrier in place. 1.2 The work shall consists of suitably cleaning and preparing the asphalt or concrete to assure a satisfactory bond of the Acrylic Resurfacer Filler Mix, and the subsequent application of the quantity of material specified herein. 1.3 Materials shall be delivered to the site in sealed, properly labeled containers and water used in mixing shall be fresh and clear. Coverage rates are based on manufacturer's materials prior to adding sand and mixing with water. 2.0 SURFACE PREPARATION 2.1 The surface to receive the Acrylic Resurfacer Mix shall be of uniform texture, clean, and free of grease, oils and other foreign materials. 2.2 Asphalt Allow asphalt to cure a minimum of 14 days. Prior to the application of surfacing materials, the entire surface shall be flooded and checked for minor depressions or irregularities. Any puddled area covering a nickel shall be marked and repaired with Court Patch Binder using the following mix: 100 lbs. 60-80 mesh silica sand (dry) 3 gallons Plexipave Court Patch Binder I to 2 gallons Portland Cement (dry) (depending on humidity and temperature) A tack coat consisting of I part Court Patch binder and 2 parts water shall be applied to the patch areas and allowed to dry thoroughly prior to repairing. For more information see California Products Specification 10.14 or 10.21. After patching, the surface shall not vary more than 1/8" in ten feet measured in any direction. 2.3 Concrete- Concrete shall have a wood float or broom finish. DO NOT PROVIDE. STEEL TROWEL FINISH. DO NOT USE CURING AGENTS OF CONCRETE HARDNERS. Allow the concrete to cure a minimum of 30 days. Acid Etch the entire surface with Concrete Preparer at a rate of .01-.013 gallons per square yard. Check surface for birdbaths, cracks and other irregularities and repair with Court Patch Binder as specified above asphalt section. 3.0 APPLICATION OF SURFACE FILLER COAT 3.1 Application of the Acrylic Resurfacer Mix shall be applied to a clean, dry, level surface using the following mix: Acrylic Resurfacer 55 gallons Water (clean and potable) 20-40 gallons Sand (60-80 mesh) 600-900 pounds Liquid Yield 112-138 gallons Use clean, dry sand and clear potable water to make mixes. Mix the ingredients thoroughly in a mortar box or mortar mixer. Apply the Acrylic Resurfacer mix with a 70 Durometer rubber bladed squeegee in windrow on the surface with sufficient quantity to cover as the squeegee is pulled over the surface. 3.2 Asphalt- Apply the Acrylic Resurfacer Mix in one or two coats (depending on surface porosity) at a rate of .05-.07 gallons per square yard per coat. 3.3 Concrete- Prime surface with California Ti-Coat at a rate of .025-.03 gallons per square yard. The Acrylic Resurfacer Mix must be applied within 3 hours of the Ti-Coat application while the primer is stilt dry but tacky to the touch. Apply the Acrylic Resurfacer Mix in one or two applications at a rate of .05-.07 gallons per square yard per coat. 3.4 Allow the application of Acrylic Resurfacer to dry thoroughly. Scrape off all ridges, and rough spots prior to any subsequent application of Acrylic Resurfacer or Plexipave. 3.5 When applying Acrylic Resurfacer indoors, provide adequate heat and ventilation to obtain rapid drying, MATERIAL SAFETY DATA SHEET (Essentially similar to OSHA form 174, Sept 1985 - (For compliance with OSHA's Hazard Comunication Standard, 29CFR 1910.1200) CALIFORNIA ACRYLIC RESURFACER SECTION I PRODUCT IDENTITY: NO.4200 MANUFACTURER'SNAME: DATE OF PREPARATION: September,2006 California Products Corporation INFORMATIONTELEPHONENO.: STREETADDRESS:150 Dascomb Road CITY/STATE: Andover, MA ZIP CODE: 01810 MAILADDRESS: 150 Dascomb Rd. (978) 623-9980 Ext. 223 EMERGENCYTELEPHONE NO's.: Weekdays: (978) 623-9980 Ext. 223 (After hours, weekends & holidays) "CHEM-TEL" Andover, MA 01810 Emergency Contact Number: (800) 256-3924 SECTION II - Hazardous Ingredients/identity Information HAZARDOUS COMMON CAS. OSHA OR ACGIH COMPONENT (S) NAME (S) NO. PEL TLV (None) SECTION III - Physical/Chemical Characteristics See reference Notes No. 7 2 on Reverse Boiling Points of Major constituent (s): Water 212°F Specific Gravity (H2O=1) WGT/GAL, LBS 8.8 Vapor Pressure (min Hg) 0100°C 760 Melting Point Water (ice) Above 32°F Vapor Density (AIR=f) Heavier Li hter Evaporation Rate Bu i Acetate=1 Slower X Appearance and Odor Viscous liquid; slight I ammoniacal odor Max. VOC: 50 9/1 Solubility in Water Complete SECTION IV - FIRE AND EXPLOSION HAZARD DATA Non -Flammable Flash Non- Point: Combustible Flammable Limits: LEL: N/A UEL: N/A DOT Hazard Class: Not Regulated Marking: "Keep from Freezing" SECTION V - REACTIVITY DATA HAZARDOUS POLYMERIZATION: Will not occur. STABILITY: Stable INCOMPATABiLITY: Avoid contact with: Strong oxidizing agents (e.g., nitric acid, permanganates), etc. HAZARDOUS DECOMPOSITION PRODUCTS: Some carbon monoxide SECTION VI - HEALTH HAZARD DATA, TOXICITY DATA; Route (s) of EFFECTS OF OVEREXPOSURE: Inhalation; Vapors or spray mists may be slightly irritating to eye, nose, throat, and mucous membranes of respiratory tract producing symptoms of headache, nausea in poorly ventilated areas. Skin Contact: Prolonged or repeated contact with coating may cause slight skin irritation. Eye Contact: Direct contact: Inconsequential eye Irritation. NFWRqENCY ANp FIPST A1Q ROCEQURES: Eye and Skin Contact; Immediately flush eyes with plenty of water for at least 15 minutes and consult physician; wash skin thoroughly with soap and water; if drenched, remove and wash clothing before reuse.ingestion: if victim is conscious, give 2 glasses of water. Call a physician. SUPPLEMENTAL INF-QRMA71ON To comply with New Jersey DOH Right -To -Know labelling taw .J.A.C. 8:59 - 5.1 & 5.2) CASNo.: Chemical Ingredients: 67-55-6 Propylene Glycol Not available+ Latex Resin Solids +Contents partially unknown HMIS HAZARD RATING 7732.18-5 water I Physical Personal 1333-811 4 Carbon Black Health 1 FlarrunSbility 0 Haz ard Protection A 12114.11-7 Attopuigite clay HAZARD INDEX 67-55-6 Propylene Glycol Not available+ Latex Resin Solids +Contents partially unknown 0=Minimal, 1-Slight, 2-Moderate, 3=Serious, 4-Severe PERSONAL PROTECTION CODE A=Safety glasses 1 LATEX MSDS PAGE 2 SECTION Vi1. PRECAUTIONS FOR SAFE HANDLING AND USE STEPS TO BE TAKEN IN CASE MATERIAL IS RELEASED OR SPILLED: Keep unnecessary people away. Floor may be slippery; use care to avoid failing. Dike and contain material with inert material (e.g. sand, earth). Transfer liquid to containers for recovery or disposal and solid diking material to separate containers for disposal. Keep spills and cleaning run-offs out of municipal sewers and open bodies of water. WASTE DISPOSAL METHOD: The coating and any contaminated diking material should be thoroughly air dried and collected into drums. The drums should then be sealed and property labeled with waste designation and landfill or incinerated according to current local, state and federal regulations. PRECAUTIONS TO BE TAKEN IN HANDLING AND STORING: Maximum storage temperature 100 degrees Fahrenheit. Keep closure tight and container upright to prevent leakage. Precautionary Labeling: "Keep from Freezing". OTHER PRECAUTIONS: Do not get in eyes. Avoid skin contact. Prevent prolonged or repeated breathing of vapor or spray mists. Do not handle until the manufacturer's safety precautions and label instructions have been read and understood. Avoid breathing sanding dust. SECTION Vlll. CONTROL MEASURES RESPIRATORY PROTECTION: None required if good ventilation is maintained. Wear respirator (MSHA/NIOSH-approved or equivalent) suitable for concentrations and types of air contaminants encountered. Use approved chemical/mechanical filters designed to remove particulates in open and restricted ventilation areas. Use MSHA/NIOSH-approved airline type respirators or hood in confined areas. VENTILATION: Sufficient ventilation, in pattern and volume, should be provided to keep the air contaminant concentration below applicable exposure limits. All application areas should be ventilated in accordance with OSHA regulation 29CFR Part 1910.94. PROTECTIVE GLOVES: Impervious gloves should be worn if prolonged skin contact is likely. Use neoprene or rubber gloves to prevent prolonged skin contact. EYE PROTECTION: Use safety eyewear including side shields, face shields, or chemical splash goggles (ANSIZ-87.1 or approved equivalent). OTHER PROTECTIVE EQUIPMENT: Use disposable or impervious clothing if work clothing contami- nation is likely. Use protective cream if prolonged skin contact is likely. HYGIENIC PRACTICES: Wash hands before eating, smoking or using the washroom. Food or beverages should not be consumed anywhere this product is being applied. REFERENCES: 1. Sax, N.I., "Dangerous Properties of Industrial Materials", 8th ed., Van Nostrand Reinhold Company Inc., NY,1992. 2. American Conference of Governmental Industrial Hygienists, "TLV's and Biological Exposure Indices" for the current year (published annually). 3. U.S. Code of Federal Regulations (CFR) U.S. Dept. of Labor, No. 29, Parts 1900 to 1910,1200. OSHA Communications Standard 29 CFR 1910.1200 (Latest edition). 4. Sax, N.I., R.J. "Hazardous Chemicals Desk Reference", Van Nostrand Reinhold Co., Inc., 3rd ed. 1993. 5. Fire Protection Guide to Hazardous Materials, 12ed., National Fire Protection Association, Quincy, MA,1997. 6. Title III List of Lists, U.S. Environmental Protection Agency publication EPA 560/4-90-011, January 1990. 7. Coatings Encyclopedic Dictionary, Stanley LeSota, Editor, Federation of Soc. for Coatings Tech- nology, Blue Bell, PA,1995. 8. Hawley's Condensed Chemical Dictionary,l3th edition, Richard J. Lewis, Sr., Editor, Van Nostrand ; Reinhold Co., NY 1997. { 9. Paint Industry Labeling Guide, 5th ed., National Paint & Coatings Association., Washington, DC L 2000. I f f i_ SECTION 10.5 _. ' ����� ���i +50 [macornb Ro•0, MdOwr M•uaChut•+V<0/a+0 USA Phone: are-aza-saeoieoo-ns-++++ • Fa+c aresx+-aseo St'TE IMPROVEMENTS ____, �, �_____ �.,..._ _�.__ www.qufpev..ca» • inro®pl•�dpw•.00m ATHLETICFACILITIES -, EXTERIOR/INTERIOR ACRYLIC LATEX UNPIGMENTED SURFACE SYSTEM PLEXIPAVE® COLOR BASE DESCRIPTION: Plexipave Color Base is an asbestos free, naturally colored texture base used for mixing with Plexichrome and water to produce Fortified Plexipave. By adding appropriate amounts of each, the on-the-job determination of color will lower material costs and eliminate the need for warehousing large quantities of ready to use Fortified Plexipave in different colors. With its filler properties, job mixed Fortified Plexipave provides a durable, uniformly textured, medium play tennis surface. The Plexipave Color Finishing system can be used on properly prepared asphalt and concrete surfaces. Outdoor concrete surface must be constructed with a vapor barrier under the slab and have adequate perimeter drainage. SURFACE USES: Over asphalt surfaces and suitable concrete: Tennis Courts • Light Traffic Footpaths and Walks • Play areas • Basketball Courts • Gymnasiums • Multi -Purpose Sports Areas APPLICATION: • Use 50 Durometer Flexible rubber squeegees for Fortified Plexipave Filler Coats, and Fortified Plexipave Finish Coats. DRYING TIME: • 30 minutes to one hour per coat. • A three -coat application in normal summer drying weather can often be made over a properly prepared surface in one day. • Indoor applications requite fans and good ventilation. COLOR RANGE: Neutral (Color obtained by the addition of Plexichrome). COVERAGE (For 30.20.20 Mix): First Coat: 10-15 sq. ydsJgal. (.1-.07 gaVsq.yd.) • Second Coat: 15-20 sq. yds./gal. (.07-.05 gal/sq. yd.) e Tliird Coat 20-25 sq. ydsJgal. (.05-.04 gal/sq. yd,) Depending on surface porosity. Mix Fortified Plexipave: A 30:20:20 mix is used to obtain Fortified Plexipave using 30 gallons of Plexipave Color Base, 20 gallons of Plexichrome, and 20 gallons of water. Mix may be adjusted depending on the porosity of the surface and ambient temperature at the time of applications. LIMITATIONS: • Apply only when ambient temperature is 50°F and rising. • Do not apply when rain or high humidity is imminent. • Do not apply when surface temperature is in excess of 140°F. • Allow asphalt to cure at least 14 days before application • Allow concrete to cure 28 days. Do not use curing agents or concrete hardeners. SPECIFICATIONS PLEXIPAVE COLOR BASE COLOR SURFACE SYSTEM 1.0 SCOPE 1.1 This specification pertains to the application of job -mixed Plexipave Color Base and Plexichrome over tennis courts and other recreational areas as designated in the Site Plans. The material in colors indicated shall be for use over asphalt, concrete surfaces and must be equally durable over both. Special Binder and pigment content give excellent color development and durability. 2.0 SURFACE PREPARATION 2.1 Prior to applying this system, the net sleeves, center strap anchor and fencing shall be installed and approved by the owner. 2.2 The asphalt (or concrete) surface to receive the color finish shall be clean, sound, free of grease, oils and other foreign materials and shall be to the grade and pitch shown in the plans. 2.3 Edges adjacent to buildings, curbing and landscaping not to be coated with this Color Finish System shall be adequately masked with tape or otherwise protected during these applications. The contractor shall also erect appropriate temporary barriers to protect the coatings during drying and curing periods. 2.4 New asphalt should cure approximately 14 days prior to the application of surfacing materials. New concrete should cure for 28 days. Concrete shall have a wood float of broom finish. DO NOT STEEL TROWEL. DO NOT USE CURING AGENTS OR CONCRETE HARDNERS. Also, uncoated concrete surfaces must be acid washed with Concrete Preparer. 2.5 Repair all ridges, cracks and birdbath prior to the application of the surfacing material (See specification 10.14). After patching, the surface shall not vary more than t1l8 in 10 ft. measured in any direction. 3.0 APPLICATION OF SURFACE FILLER COAT 3.1 Asphalt- Over asphalt, apply one to coats of Acrylic Resurfacer to provide a uniformly textured surface. Allow coats to r thoroughly dry before the application of subsequent coats. 3.2 Concrete- After the surface has been acid washed and leveled, the concrete surface must he primed with Cali fomia Ti- Coat (See Specifications 10.17). Acrylic Resurfacer then must be applied to the surface within a 3 hour period while the Ti-coat is tacky to the touch. 4.0 COLOR COAT APPLICATION 4.1 Over new asphalt or concrete surfaces that have been properly prepared, apply two coats of job mixed Fortified Plexipave using a mix of Plexipave Color Base and Plexichrome (Color Base: 20 gallons; Plexichrome: 20 gallons; Water 20-22 gallons). All work shall be done by experienced, carefully trained workmen. The first coat shall be applied lengthwise of the court and the second coat, crosswise of the court. 4.2 The final finish coat shalt be either Plexichrome or Job Mix Fortified Plexipave. For a Plexichrome finish, mix 1 part Plexichrome, 1 part water and apply with a wide hair -type broom crosswise of the court. For Job Mix Fortified Plexipave use a mix of Plexipave Color Base and Plexichrome (Color Base: 30 gallons; Plexichrome: 20 gallons; water: 20-22 gallons). The application shall be made crosswise of the court using a 50 durometer flexible rubber squeegee. 4.3 White lines conforming to U.S. Tennis Association specifications shall be laid -out and Plexicolor Line Paint (100% acrylic latex) applied by brush using masking tape or templates. 5.0 GENERAL Materials specified for the Color Finish System shall be delivered to the site in sealed, properly labeled containers and water used in mixing shall be fresh and clear. Coverage rates are based upon manufacturer's material prior to mixing with water. Upon completion, the contractor shall remove all containers, surplus materials and debris and leave the site in a clean and orderly condition acceptable to the owner. Gates shall he secured. MATERIAL SAFETY DATA SHEET Essentially similar to OSHA form 174, Sept 1985 - (For compliance with OSHA's Hazard Comunication Standard, 29CFR 1910.1200) CALIFORNIA PLEXIPAVE COLOR BASE SECTION I PRODUCT IDENTITY: NO.6590 BASE MANUFAGTURER'SNAME: DATEOFPREPARATION: Aprll,2005 California Products Corporation, INFORMATIONTELEPHONE NO.: STREET ADDRESS: 150 Dascomb Road (978) 623-9980 Ext. 223 CITY/STATE: Andover, MA EMERGENCYTELEPHONENO's ZIP CODE: 01810 Weekdays: (978) 623-9980 Ext. 223 (After hours, weekends & holidays) MAILADDRESS: 150 Dascomb Rd (978) 887-5926, or "CHEM-TEL" Andover. MA 01810 _ Emergency Contact Number (800) 255.3924 n/a4ranuvv.7 -- - COMPONENT S NAMES % NO. PEL TL Note: This product contains more than 0.1% crystalline silica (CAS No. 14808-60-7), which has been classified by iARC as a Class I carcinogen. Normal application procedures pose no hazard since the silica is wet and encapsulated when this product is stirred into coatings, but grinding or sanding dried films may yield respirable silica dusts. Control exposures to less than 0.1 rill using NiOSH-approved dust filter respirators. SECTION III - Physical/Chemical Characteristics Boiling Points of Major 212°F see reverence Noce s nu. 1 4 "'1 r,c 4c4 _ Specific Gravity (H20=1) WGT/GAL, LBS 13.4 constituent (s): Water Vapor Pressure (mm Hg) @100°C 760 Melting Point Water (ice) Above 32`F Vapor Density (AIR=1) Heavier Li hter Evaporation Rate (Butyl Acetate=1 Slower X Appearance Viscous liquid; slight Complete and Odor ammoniacal odor HAZARD DATA Non -Flammable Solubility in Water SECTION IV - FIRE AND EXPLOSION Flash Non- Flammable Limits: UOT Hazard haul; ma.N,.y. Point Combustible LEL• WA UEL• N/A Not Regulated "Keep from FreezinSECTIO g" HAZARDOUS POLYMERIZATION: Will not occur. STABILITY: Stable INCOMPATABILITY: Avoid contact with: Strong oxidizing agents (e.g., nitric acid, permanganates), etc. cPrTnnN Vl-HEALTH HAZARD DATA,TOXICITY DATA neaitn ntualua \r+.- _ ...........-....-,- EFFECTS OF OVEREXPOSURE: Inhalation; Vapors or spray mists may be slightly irritating to eye, nose, throat, and mucous membranes of respiratory tract producing symptoms of headache, nausea in poorly ventilated areas. Skin Contact: Prolonged or repeated contact with coating may cause slight skin Irritation. Eye Contact: Direct contact: inconsequential eye irritation. EMERGENCY AND FIRST AID PROCEDURES: Eye and Skin Contact; immediately flush eyes with plenty of water for at least 15 minutes and consult physician; wash skin thoroughly with soap and water; If drenched, remove and wash clothing before reuse. ingestion: if victim Is conscious, give 2 glasses of water. Call a physician. SUPPLEMENTAL INFORMATION To comply with New Jersey DOH Right -to -Know labeling taw (N.J.A.C. 8:59 - 5.1 & 5.2) CAS NO. Chemical ingredients 7732-18-5 Water 14808-60-7 Silica (sand) _..., 25265-77-4 2.2.4-Trimethyl 1-1-3 pentanediol monoisobutyrate ._} 12174-11-7 Attapulgiie clay Not available+ Latex resin solids +Contents partially unknown Health 1 Flammabil 0 Reactivity ersona Protection A HAZARDINDEX 9 o era = er ous, - ev8M PERSONAL PROTECTION COD£ A=Safety glasses LATEX MSDS PAGE 2 SECTION VII: PRECAUTIONS FOR SAFE HANDLING AND USE STEPS TO BE TAKEN IN CASE MATERIAL IS RELEASED OR SPILLED: Keep unnecessary people away. Floor may be slippery; use care to avoid falling. Dike and contain material with inert material (e.g. sand, earth). Transfer liquid to containers for recovery or disposal and solid diking material to separate - containers for disposal. Keep spills and cleaning run-offs out of municipal sewers and open bodies of water. WASTE DISPOSAL METHOD: The coating and any contaminated diking material should be thoroughly air dried and collected into drums. The drums should then be sealed and properly labeled with waste designation and landfill or incinerated according to current local, state and federal regulations. PRECAUTIONS TO BE TAKEN IN HANDLING AND STORING: Maximum storage temperature 100 degrees Fahrenheit. Keep closure tight and container upright to prevent leakage. Precautionary Labeling: "Keep from Freezing". OTHER PRECAUTIONS: Do not get in eyes. Avoid skin contact. Prevent prolonged or repeated breathing of vapor or spray mists. Do not handle until the manufacturer's safety precautions and label instructions have been read and understood. Avoid breathing sanding dust. SECTION Vill: CONTROL MEASURES RESPIRATORY PROTECTION: None required if good ventilation is maintained. Wear respirator (MSHA/NIOSH-approved or equivalent) suitable for concentrations and types of air contaminants encountered. Use approved chemical/mechanical filters designed to remove particulates in open and restricted ventilation areas. Use MSHA/NIOSH-approved airline type respirators or hood in confined areas. VENTILATION: Sufficient ventilation, in pattern and volume, should be provided to keep the air contaminant concentration below applicable exposure limits. All application areas should be ventilated in accordance with OSHA regulation 29CFR Part 1910.94. PROTECTIVE GLOVES: Impervious gloves should be worn if prolonged skin contact is likely. Use neoprene or rubber,gloves to prevent prolonged skin contact. EYE PROTECTION: Use safety eyewear including side shields, face shields, or chemical splash goggles (ANSIZ-87.1 or approved equivalent). OTHER PROTECTIVE EQUIPMENT: Use disposable or impervious clothing if work clothing contami- nation is likely. Use protective cream if prolonged skin contact is likely. r- HYGIENIC PRACTICES: Wash hands before eating, smoking or using the washroom. Food or beverages should not be consumed anywhere this product is being applied. REFERENCES: 1. Sax, N.I., "Dangerous Properties of Industrial Materials", 8th ed., Van Nostrand Reinhold Company Inc., NY,1992. 2. American Conference of Governmental Industrial Hygienists, "TLV's and Biological Exposure Indices" for the current year (published annually). 3. U.S. Code of Federal Regulations (CFR) U.S. Dept. of Labor, No. 29, Parts 1900 to 1910.1200. OSHA Communications Standard 29 CFR 1910.1200 (Latest edition). 4. Sax, N.I., R.J. "Hazardous Chemicals Desk Reference", Van Nostrand Reinhold Co., Inc., 3rd ed. 1993. 5. Fire Protection Guide to Hazardous Materials,l2ed., National Fire Protection Association, Quincy, MA,1997. 6. Title III List of Lists, U.S. Environmental Protection Agency publication EPA 560/4-90-011, January 1990. 7. Coatings Encyclopedic Dictionary, Stanley LeSota, Editor, Federation of Soc. for Coatings Tech- nology, Blue Bell, PA, 1995. - 8. Hawley's Condensed Chemical Dictionary,l3th edition, Richard J. Lewis, Sr., Editor, Van Nostrand Reinhold Co., NY 1997. 9. Paint Industry Labeling Guide, 5th ed., National Paint & Coatings Association., Washington, DC _ 2000. &._-..,-. y A Divieioe of CalMwme Products • An Employee owned CanPrott' SECTION 10.14 1 150 Deseomb Road. Andover M8945 ft6e8a 01a10 USA phone: 97&(l23.9W J 800.225-1141 • Fax 978-623.8980 www.pexlpave.com • into®p-wPave.00m SITE IMPROVEMENTS EXTERIOR/INTERIOR COURT PATCH BINDER ACRYLIC PATCHING SYSTEM DESCRIPTION Court Patch Binder is a high strength acrylic latex bonding liquid designed to mix with Silica Sand and Portland Cement as an easy to use patching compound. The patching mix may be used over new or existing asphalt and concrete surfaces to repair depressions, cracks and other irregularities. Court Patch Binder allows for application of quick drying leveling patches up to %" in depth. SURFACE USES Over new or existing asphalt and concrete pavement to correct depressions and uneven texture on: • Tennis Courts • Outdoor Basketball Courts • Play Areas • Pathways and Walks APPLICATION Use steel trowel and/or metal screed to fill and level depressions, bird baths or irregularities in tennis courts and other recreational pavement areas. -- Cracks greater than'/4" shall be filled and leveled with a square hand -trowel or broad knife by forcing the Court Patch Binder filler mix into the crack and striking off excess material. Edges may be feathered using a hand trowel and a damp cloth to form a smooth transition from patch to the original surface. COLOR Neutral DRYING TIME Applications of Court Patch Binder mixes dry at various rates depending on the type of mineral aggregate, the thickness applied, and the weather conditions. Thin applications by squeegee or trowel using fine aggregate will cure and dry in less than one hour. Thick applications (up to %") for patching deep bird baths and rough pavement will take a minimum of six hours to dry depending on temperature and humidity conditions. Patches should be allowed to cure for 24 hours before applying the Plexipave® System. COURT PATCH MIX MIXES Depressions up to'/4" shall be applied by steel trowel or metal screed to level the surface to proper grade using the following mix designs. Thin Patches %4" or Less 100 lbs. #80-100 Mesh Silica Sand (dry) 3 gallons Court Patch Binder 1 to 2 gallons Portland Cement (dry) (Minimum 121bs., Maximum 24 lbs. depending on temperature and humidity) Thick Patches'/4" or Greater Use 60-80 Mesh Silica Sand (dry) Mix in a clean mortar box or mortar mixer to a workable consistency. Thoroughly clean and apply a tack coat of I part Court Patch Binder diluted with 2 parts water to the area to be patched. Court Patch Binder mix may be applied directly to the depressed area after the tack coat has completely dried. The patch should be allowed to cure for 24 hours prior to the application of the Plexipave Color Surface System. Depressions in excess of/4" depth must receive multiple applications of Court Patch Binder Mix, allowing 24 hours before applying subsequent lifts. Each application of Court Patch mix must be feathered out to a fine edge. Any rough edges must be rubbed down with an abrasive rubbing stone to remove roughness. COVERAGE Because of the wide variation in surface conditions, porosity and texture, the coverage figures given here are approximate and serve only as a guide: Patching mix: 1 %2 square yards per 1001bs. batch laid'/2" thick. LIMITATIONS • Allow new asphalt surface 14 days to cure and new concrete 28 days to cure. • Do not use in temperatures below 55°F or when rain or high humidity is imminent. • Ambient temperature must be 55°F and rising • Keep containers tightly closed when not in use. • Do not apply if surface temperature is in excess of 140°F. • DO NOT ADD WATER • KEEP FROM FREEZING. DO NOT STORE IN HOT SUN. MATERIAL SAFETY DATA SHEET (Essentially similar to OSHA form 174 Sept. 1986 (For compliance with OSHA's Hazard CALIFORNIA COURT PATCIoation HBINDER Standard,29CFR 1910.1200) SECTION I PRODUCT IDENTITY: NO.0300 MANUFACTURER'S NAME: DATE OF PREPARATION: September, 2006 California Products Corporation INFORMATiONTELEPHONE NO.: STREETADDRESS: 150 Dascomb Road EME 623-99 TELEPHONENO's.: CITY/STATE: Andover, MA ZIP CODE: 01810 Weekdays: (978) 623-9980 Ext. 223 MAIL ADDRESS: 150 Dascomb Rd Andover, MA 01810 (After hours, weekends Is holidays) "CHEM-TEL" Emergency Contact Number: (800) 256-3924 ECTION 11- Hazardous ingredlentstidentity Information , - ..r. A ^^,U COh9PONENT (� NAME (Sl NO PEL TLV None --_ _ _._ _. ..-... _ ___.__. ^�__....•�-:ems,.... ices rntnrunnn NnyP mt ,VO. ,. L u„ navo,ac, SECTION III - Bailing Points of Major llCltt14i71 V,212 Fc„'SpecificGravity(H,0=1)WGT/GAL,LBS 8.8 constituent (a): Water Vapor Pressure (mmHg) @100°C 760 Melting Point Water (ice) 32'F Above VaporDensity(AIR=1) Evaporation Rate 1 w r Heavier t r Appearance and Odor Viscous liquid; slight ammoniacai odor Max. VOC: <50 I solubility in water _ Cam lefe SECTION IV - FIRE AND EXPLOSION HAZARD DATA Non -Flammable Non - SECTION V - REACTIVITY DATA HAZARDOUS POLYMERIZATION: Will not occur. STABILITY: Stable INCOMPATABILITY: Avoid contact with: Strong oxidizing agents (e.g., nitric acid, permanganates), etc. HAZARDOUS DECOMPOSITION PRODUCTS: Some carbon monoxide SECTION VI - HEALTH HAZARD DATA, TOXICITY DATA: Route (a) of Entry, NIA Carcinogenicity? No Health Hazards (Acute and Chronic): - . EFFECTS OF OVEREXPOSURE: Inhalation; Vapors or spray mists may be slightly Irritating to eye, nose, throat, and mucous membranes of respiratory tract producing symptoms of headache, nausea in poorly ventilated areas. Skin Contact: Prolonged or repeated contact with coating may cause slight skin Irritation. Eye Contact: _. Direct contact: inconsequential eye Irritation. EMERGENCY AND FIRST AID PROCEDURES: Eye and Skin Contact; immediately flush eyes with plenty of water for at least 15 minutes and consult physician; wash skin thoroughly with soap and water; if drenched, remove and wash clothing before reuse. ingestion: If victim is conscious, give 2 glasses of water. Cali a physician. SUPPLEMENTAL INFQRMATIO To comply with New Jersey DOH Right -To -Know labelling law (N.J.A.C. 8:59 - 5.1 & 5.2) CAS N9_ Chemical ingredients 7732-18-6 Water 57-55-6 Propylene glycol Not available+ In -can preservative Not available+ Defoamer Not available+ Latex resin solids HMIS HAZARD RATING _ Health 1 Flammabilit 0 Physical Personal Hazaard Protection A HAZARD INDEX 0=Minimal, i=Slight, 2;Moderate, 3=Serious, 4-Severe olianowndris A --Sale Is +Contents partially unknown LATEX MSDS PAGE 2 SECTION VII: PRECAUTIONS FOR SAFE HANDLING AND USE STEPS TO BE TAKEN IN CASE MATERIAL IS RELEASED OR SPILLED: Keep unnecessary people away. Floor may be slippery; use care to avoid failing. Dike and contain material with inert material (e.g. sand, earth). Transfer liquid to containers for recovery or disposal and solid diking material to separate containers for disposal. Keep spills and cleaning run-offs out of municipal sewers and open bodies of water. WASTE DISPOSAL METHOD: The coating and any contaminated diking material should be thoroughly air dried and collected into drums. The drums should then be sealed and properly labeled with waste designation and landfill or incinerated according to current local, state and federal regulations. PRECAUTIONS TO BE TAKEN IN HANDLING AND STORING: Maximum storage temperature 100 degrees Fahrenheit. Keep closure tight and container upright to prevent leakage. Precautionary Labeling: "Keep from Freezing". OTHER PRECAUTIONS: Do not get in eyes. Avoid skin contact. Prevent prolonged or repeated breathing of vapor or spray mists. Do not handle until the manufacturer's safety precautions and label instructions have been read and understood. Avoid breathing sanding dust. SECTION VIII: CONTROL MEASURES RESPIRATORY PROTECTION: None required if good ventilation is maintained. Wear respirator (MSHA/NIOSH-approved or equivalent) suitable for concentrations and types of air contaminants encountered. Use approved chemical/mechanical filters designed to remove particulates in open and restricted ventilation areas. Use MSHA/NIOSH-approved airline type respirators or hood in confined areas. VENTILATION: Sufficient ventilation, in pattern and volume, should be provided to keep the air contaminant concentration below applicable exposure limits. All application areas should be ventilated in accordance with OSHA regulation 29CFR Part 1910.94. PROTECTIVE GLOVES: Impervious gloves should be worn if prolonged skin contact is likely. Use neoprene or rubber gloves to prevent prolonged skin contact. EYE PROTECTION: Use safety eyewear including side shields, face shields, or chemical splash goggles (ANSiZ-87.1 or approved equivalent). OTHER PROTECTIVE EQUIPMENT: Use disposable or impervious clothing if work clothing contami- nation is likely. Use protective cream if prolonged skin contact is likely. HYGIENIC PRACTICES: Wash hands before eating, smoking or using the washroom. Food or beverages should not be consumed anywhere this product is being applied. REFERENCES: 1. Sax, N.I., "Dangerous Properties of Industrial Materials", 8th ed., Van Nostrand Reinhold Company Inc., NY, 1992. 2. American Conference of Governmental Industrial Hygienists, "TLV's and Biological Exposure Indices" for the current year (published annually). 3. U.S. Code of Federal Regulations (CFR) U.S. Dept. of Labor, No. 29, Parts 1900 to 1910.1200. OSHA Communications Standard 29 CFR 1910.1200 (Latest edition). 4. Sax, N.I., R.J. "Hazardous Chemicals Desk Reference", Van Nostrand Reinhold Co., Inc., 3rd ed. 1993. 5. Fire Protection Guide to Hazardous Materials,l2ed., National Fire Protection Association, Quincy, MA,1997. 6. Title III List of Lists, U.S. Environmental Protection Agency publication EPA 560/4-90-011, January 1990. 7. Coatings Encyclopedic Dictionary, Stanley LeSota, Editor, Federation of Soc. for Coatings Tech- nology, Blue Bell, PA,1995, 8. Hawley's Condensed Chemical Dictionary,l3th edition, Richard J. Lewis, Sr., Editor, Van Nostrand Reinhold Co., NY 1997, 9. Paint Industry Labeling Guide, 5th ed., National Paint & Coatings Association., Washington, DC 2000. ResolutionNo. 2012-80480 December 6, 2012 Item No. 5.14.E RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock is hereby authorized and directed to execute for and on behalf of the City of Lubbock, Contract No. 11097 for parks turf maintenance, by and between the City of Lubbock and Lubbock Tree Sales, and related documents. Said Contract is attached hereto and incorporated in this resolution as if fully set forth herein and shall be included in the minutes of the City Council. Passed by the City Council on December 6, 2012 GLL` . R TSON, MAYOR ATTEST: Rebe a Garza. City Secretary APPROVED AS TO CONT NT: Scott Snider, Assistant City Manager Community Services APPROVED AS TO FORM: Chad Weaver, Assistant City Attorney vwxcdocs/RES.Contract-Lubbock Tree Sales November 20, 2012