9-05 Specifications for the Quail Golf Course at the Hogan Park.pdf

The Quail Golf Course Renovation at:

Midland, Texas

July 2025

SPECIFICATIONS FOR:

1513 Cedar Hill Ave.

Dallas, Texas 75208

(214)405-3483 trey@kempgolf.com

QUAIL GOLF COURSE RENOVATION | Bidding Procedures

2. BIDDING PROCEDURES

1 PROPOSALS

A. Each bid shall be submitted on the exact form furnished. The Proposal Form must not be detached from this specification booklet; all blank spaces for bid prices must be written in ink.

B. Due Date: Thursday, August 28, 2025 —2:00 PM CST.

C. Method of Submission: The City of Midland is now using Bonfire, Euna Procurement Software, for e-bidding. Bids may be submitted via Bonfire or Hard Copies can be submitted to the address below:

D. Place of Submission: The City of Midland 300 N. Loraine Midland, Texas 79701

Attention: Ms. Laurie Williams

If submitting hard copies, all proposals must be enclosed in a sealed envelope and marked on the outside, "SEALED BID: QUAIL GOLF COURSE RENOVATION”

E. Required inclusions with Bid:

1) Completed bid form, unaltered, including unit prices, Alternate Bid Form, and Bid Summary.

2) Acknowledgement of Addenda

3) Certificate of Discrepancies

4) Substitution Requests (as applicable)

F. Bid Form - Bidder shall submit his bid on the forms furnished by the Consultant. All blank spaces in forms shall be correctly filled in and the bidder shall state the prices, written in words and in figures. If a firm, association, or partnership submits the bid, the name and address of each member must be given, and an official or duly authorized agent must sign the bid. Powers of attorney authorizing agents or others to sign bids must be properly certified and must be in writing and submitted with the bid.

2 DEFINITIONS

All definitions set forth in the General Conditions of the Contract for Construction, AIA Document A201, 2017 Edition, are applicable to these Bidding Procedures.

Bidding documents include the Advertisement for bid, Bidding Procedures, bid forms and the proposed contract documents including any addenda issued prior to receipt of bids.

Addenda are written, or graphic instruments issued prior to the execution of the contract, which modify or interpret the bidding documents, including Drawings and Specifications, by additions, deletions, clarifications or corrections. Addenda will become part of the contract documents when the construction contract is executed.

ll correspondence shall be sent to

E. Sub consultants: Larry Rodgers Design Group.

F. A bid is a complete and properly signed proposal to do the work or designated portion thereof for the sums stipulated therein, submitted in accordance with the bidding documents.

G. The base bid is the sum stated in the bid for which the bidder offers to perform the Work described in the bidding documents as the base, to which work may be added or from which work may be deleted for sums stated in alternate bids.

H. An alternate bid (or alternative) is an amount stated in the bid to be added to or deducted from the amount of the base bid if the corresponding change in the work, as described in the bidding documents, is accepted.

I. A unit price is an amount stated in the bid as a price per unit of measurement for materials or services as described in the bidding documents, or in the proposed contract documents.

J. A bidder is a person or entity that submits a bid.

K. A sub-bidder is a person or entity that submits a bid to a bidder for materials or labor for a portion of the work.

3 INFORMATION AVAILABLE TO BIDDERS

Bid Documents

Drawings, Standard General Conditions of Contract, Supplementary Conditions, Special Conditions and Technical Specifications, apply to work of this section.

Bid Documents are available from Golf Course Designer's office.

Pre-bid Conference – A pre-bid conference will be held on August , 2025, at 1:00 PM at the Hogan Park Golf Course.

Contractor Investigation - With the approval of the Owner, bidding contractors may make any additional investigations of the job site conditions considered necessary to submit a proper proposal.

4 BIDDING CONDITIONS AND PROCEDURES

A. Examination of Documents and Site

1. Each bidder, by making his bid, represents that he has read and understands the bidding documents.

2. Each bidder, by making their bid, represents that he has visited the site and familiarized himself with the local conditions under which the work is to be performed.

3. Each bidder, by making their bid, represents that their bid is based upon the materials, systems, and equipment required by the bidding documents without exception.

B. Invalid Bids

A bid is invalid if it has not been deposited at the designated location prior to the time and date for receipt of bids indicated in the advertisement or Invitation to Bid or prior to any extension thereof issued to the bidders.

C. Bid Modification

1. Unless otherwise provided in any supplement to these Instructions to Bidders, no bidder shall modify, withdraw, or cancel their bid or any part thereof for sixty days after the time designated for the receipt of bids in the advertisement or Invitation to bid.

2. Bidders may withdraw at any time before opening, by notifying the Designer, but may not resubmit them. No bid may be withdrawn or modified after the bid opening except where the award of the contract has been delayed beyond 45 days after date of bid.

3. Bids shall not contain any recapitulation of the work to be done and no oral or telephone proposals or modifications will be considered.

4. The Bidder shall make no additional stipulations on the bid form nor limit or qualify their bid in any other manner. Bids so qualified will be subject to disqualification.

5. Written instruction only will be binding and neither the Owner nor the Consultant will be responsible for any oral or telephonic instructions.

D. Addenda

Prior to the receipt of bids, addenda will be emailed or delivered to each person or firm recorded by the Consultant as having received the bidding documents and will be available for inspection wherever the bidding documents are kept available for that purpose. Addenda issued after receipt of bids will be mailed or delivered only to the selected bidder. Irrigation subcontractors must fill out Qualification Statement minimum experience is to be equal to general contractor.

E. Reuse of Plans

Neither CONTRACTOR nor any Subcontractor, manufacturer, fabricator, supplier, or distributor shall have or acquire any title to or ownership rights in any of the Drawings, Specifications or other documents (or copies of any thereof) prepared by DESIGNER or ENGINEER; and they shall not reuse any of them on extensions of the Project or any other Project.

5 DISCREPANCIES AND AMBIGUITIES

Each bidder shall examine the bidding documents carefully, and not later than seven (7) days prior to the date of receipt of bids, shall make written request to the Consultant, for interpretations or correction of any ambiguity, inconsistency or error therein which he may discover. Any interpretation or correction will be issued as an addendum. Only a written interpretation or correction by addendum shall be binding. No bidder shall rely upon any interpretation or correction given by any other method.

6 SUBSTITUTIONS

A. Each bidder represents that his bid is based upon the materials and equipment described in the bidding documents, and that no substitutions, other than those approved by written addendum, are intended.

B. No substitution will be considered unless written request has been submitted to the

Designer for approval at least seven (7) days prior to date for receipt of bids. Written requests must be submitted on the proper form provided in bid form.

C. If the Consultant approves a proposed substitution, such approval will be set forth in writing by an addendum or letter of approval.

7 QUALIFICATION OF BIDDERS

A. Each bidder shall submit a properly executed Contractor's Qualification Statement, based on Qualification Statement provided as may be required by the Designer.

B. Bidders may be disqualified, and their bids not considered for any of the following specific reasons.

1. Reason or believing collusion exists among bidders.

2. The bidder is interested in any litigation against the Owner.

3. The bidder being in arrears on any existing contract or having defaulted on a previous contract.

4. Lack of competency as revealed by the financial statement, experience and equipment, questionnaires, or qualification statement.

5. Uncompleted work, which in the judgment of the Owner will prevent or hinder the prompt completion of additional work if awarded.

If required, a bidder shall submit to the Consultant a confidential financial statement in a sealed envelope.

8 FORMS, BONDS AND CERTIFICATES

Drawings, Standard General Conditions of Contract, Supplementary Conditions and Division-

1 specification sections, apply to work of this section.

A. Bonds - *Notice – Follow the City of Midland’s Bonding Instructions in Section 1.

B. Certificate of Insurance - Attach documentation from the insurer.

C. Substitution Request - Execute the enclosed Substitution Request form for each item, for which substitutions is requested. Submit the request in accordance with Section 01630 -

Product Options, Equal Materials and Substitutions.

D. Application for Payment – Contractor shall use AIA Application and Certificate for Payment; Form #G702. Provide supportive information and documentation.

E. Contractor's Qualification Statement - The enclosed A/A Form A305 and Submit with

Bid.

F. Certificates of Discrepancies - Use the enclosed form.

G. Index of Enclosed Forms

Proposal Form

1. Certificate of Discrepancies

2. Substitution Request

Contractor's Qualification Statement

1. Qualification Statement

2. Additional Required Information

Bidding Procedure

1. Bid Bond

2. Performance Bond

3. Payment Bond

4. Certificate of Insurance

5. Applications for Payment

6. Subcontractor and Suppliers List

9 OPENING OF BIDS

A. Irregular Bids - Bids will not be considered if they show any omissions, alterations of form, additions, or conditions not requested, unauthorized alternate bids or irregularities of any kind. However, the Owner reserves the right to waive any irregularities and to make the award in the best interest of the Owner.

B. Rejection of Bids - The bidder acknowledges the right of the Owner to reject any or all bids and to waive any formality or irregularity in any bid received. In addition, the bidder recognizes the right of the owner to reject a bid if the bidder failed to furnish any required bid security, or to submit the data required by the bidding documents, or if the bid is in any way incomplete or irregular.

C. As soon as possible after prices have been tabulated for comparison of bids, the Owner may, at its discretion, return the bid guaranties accompanying the bids, which in its judgment, would not be considered in the award; all other bid guaranties will be retained by the Owner until the required contract and bonds have been executed, after which they will be returned. No bid guaranties will be returned until at least two days have elapsed form time of opening bids.

10 SUBMISSIONS OF POST-BID INFORMATION

A. The selected bidder shall, within ten (10) days after receipt of notification of selection, submit three (3) copies of the following:

1. A designation of the work to be performed by the bidder with his own forces.

2. A list of names of the subcontractors or other persons or organizations (including those who are to furnish materials or equipment fabricated to a special design) proposed for such portions of the work as may be designated, the names of documents or, if no portions are so designated, the names of the subcontractors proposed for the principal portions of the work. The bidder will be required to establish to the satisfaction of the Consultant and the Owner the reliability and responsibility of the proposed subcontractors. Prior to the award of the Contract, the Consultant will notify the bidder in writing if either the Owner or the consultant, after due investigation has reasonable and substantial objection to any person or organization on such lists. If the Owner or consultant has a reasonable and substantial objection to any person or organization on such list, and refuses in writing to accept such person or organization, the bidder may, at his option, withdraw his bid without forfeiture of bid security. If the bidder submits an acceptable substitute with an increase in his bid price to cover the difference in cost occasioned by such substitution, the Owner may, at his discretion, accept the increased bid price or he may disqualify the bidder.

Subcontractors and other persons and organizations proposed by the bidder and accepted by the Owner and Consultant must be used on the work for which they were proposed and accepted and shall not be changed except with the written approval of the Owner or the Consultant.

11 AWARD OF CONTRACT

After bids are opened, the bids will be tabulated for comparison on the basis of the bid prices and quantities shown in the bids. The Owner reserves the right to withhold the award of the contract for a period of 60 days from the date of opening bids and no award will be made until the owner is satisfied as to the responsibilities of the low bidders. Until final award of the contract, the Owner reserves the right to reject any or all bids or proceed to do the work otherwise in the best interest of the Owner.

12 EXECUTION OF CONTRACT

The person or person, partnership, company, firm, association, or corporation to whom a contract is awarded shall, within ten (10) days after such award, sign the necessary agreements entering into the required contract with the Owner. No contract shall be binding on the Owner until it has been executed by the owner or his duly authorized representative and delivered to the Contractor.

13 FAILURE TO EXECUTE CONTRACT

The failure of the bidder to execute the required bonds or to sign the required contract within ten days after the contract is awarded, shall be considered by the Owner as abandonment of his bid, and the Owner may annual the award. By reasons of the uncertainty of the market prices of materials and labor, the impracticality and difficulty of determining accurately the amount of damages accruing to the Owner by reason of said bidder's failure to execute said bonds and contract within ten days, the bid guaranty accompanying the bid shall be the agreed amount of damages which the Owner will suffer by reason of such failure to execute the contract. The filing of a bid will be considered as an acceptance of this provision.

14 FORMS

The following standard forms are enclosed for the Post Bid Period:

List of Subcontractors Certificate of Insurance Application for Payment

QUAIL GOLF COURSE RENOVATION | Proposal

1. ADDENDA

Instructions: Staple Addenda received to inside front cover.

Answers to all such requests will be given in writing to all bidders in addendum form and all addenda will be bound with and made a part of contract documents. No other explanation or interpretation will be considered official or binding.

Should a bidder find discrepancies in, or omissions from, the plans, specification, or contract documents, or should he be in doubt as to their meaning, he shall at once notify the Golf Course Designer in order that a written addendum may be sent to all bidders.

Any addenda issued prior to twenty-four (24) hours before the opening of bids will be emailed or delivered to each Contractor contemplating the submission of a proposal on this work. The proposal as submitted by the Contractor will be so constructed as to include any addenda, if such are issued, by the Golf Course Designer prior to twenty-four (24) hours before the opening of bids. It shall be the bidder's responsibility to inquire as to the addenda issued.

4. CERTIFICATE OF DISCREPANCIES

Date:

Project:

Location:

To:

This is to certify that (Firm Name) has reviewed their Contract Documents for the referenced project. We have become familiar with the needs and installation requirement for

(Material to be supplied) and find the following discrepancies:

1)

2) 3) (Attach additional sheets if required)

We recommend the following corrective actions:

1)

2)

3)

Note:

Be specific as to location and type of discrepancies and recommend solutions.

Use “NA” if there are no discrepancies of which you are aware.

Applications for Payment will be withheld or modified for noncompliance with submittal of the

Certificate of Discrepancies.

Submitted by:

(Firm)

Signed by:

(Typed Name)

5. SUBSTITUTION REQUEST

Date: _________________________

PROJECT:

TO: FROM:

Contractor (Bidder) hereby requests acceptance of the following product or system as a substitution in accordance with provisions of Section 01630 of the Specifications:

1. SPECIFIED PRODUCT OR SYSTEM:

Substitution request for:

Specification Section No.: Article:

2. SUPPORTING DATA:

Product data for proposed substitution is attached description of product, reference standards, performance and test data.

Sample is attached.

Sample will be sent, if requested.

3. QUALITY COMPARISON:

Name, Brand

Catalog No.

Manufacturer

Vendor

Significant Variations

(Add additional sheets, if necessary)

Maintenance Service available: Yes No

Spare Parts Source:

Warranty: Yes No Years

By Whom:

4. PREVIOUS INSTALLIONS

Identification of similar projects on which proposed substitution was used.

Project: Consultant:

Address: Owner:

Date Installed:

5. REASON FOR NOT GIVING PRIORITY TO SPECIFIED ITEMS

6. EFFECT OF SUBSTITUTION

Does the proposed substitution affect other work:

No Yes (If yes, explain)

Substitution changes Contract Time:

No Yes Add/Deduct Day

Substitution requests dimensional revisions or redesign of structure or MEP work:

No Yes (If yes, attach data)

Savings or credit to Owner $

Extra Cost to Owner $

7. CONTRACTOR’S (BIDDER’S) STATEMENT OF CONFORMANCE OF PROPOSED

SUBSTITUTION TO CONTRACT REQUIREMENTS

I/we have investigated the proposed substitution. I/we:

believe that it is equal or superior in all respects to specified product, except as stated above;

will provide same warranty as specified for specified product;

have included complete cost data and implications of the substitution;

will pay redesign and special inspection costs caused by the use of this product;

will coordinate the incorporation of the proposed substitution in the work;

waive future claims for added cost to contract caused by the substitution.

Contractor (Bidder):

Date: By:

Answer all questions and complete all blanks – use “NA” if not applicable. Unresponsive or incomplete requests will be rejected.

CONSULTANT’S REVIEW AND ACTION

Resubmit substitution request

Provide more information in the following areas:

Sign Contractor’s (Bidder’s) Statement of Conformance

Substitution is accepted.

Substitution is accepted, with the following comments:

Substitution not accepted.

Substitution request received too late.

By: Date:

QUAIL GOLF COURSE RENOVATION | Statement of Bidder’s Qualifications

4. STATEMENT OF BIDDER’S QUALIFICATIONS

In order to ensure bids are received only from responsible bidders, all bidders must submit a pre-qualification statement to the Golf Course Architect, with copy to the Rankin Independent School District, at or before the time bids are submitted, consisting of the following:

(1) Proof of being a certified golf course builder or must have been approved in advance by the Golf Course Architect. List of golf course renovations completed within the past five (5) years showing course name, location, number of holes, completion date, name of owner(s), name of architect and cost of construction. The bidder must have satisfactorily completed work on at least five (5) eighteen-hole golf course renovations, three (3) in the past five years. The work shall reflect the contractor's ability to interpret the construction plans and satisfactorily execute work of the type proposed.

(2) That he is capable of obtaining and furnishing the required Bid, Performance, Payment, and Maintenance Bonds under the name of his own company. All bonds shall be US Treasury listed. A financial statement should be submitted including a Letter of Auditor's Opinion, Balance Sheet, and Income Statement, statement of change in Financial Position and other relevant financial information.

The contractor shall not have declared bankruptcy in the last five (5) years.

(3) Number of permanent employees and list of construction equipment presently owned by the bidder's company. Adequate equipment and personnel must be available to accomplish the majority of the construction work to be completed, with labor and equipment from his own company. Contractor must employ an experienced golf feature constructor/shaper for project. This shaper should be considered “A” grade quality. A list of recent projects and their architects is required.

(4) Current backlog of work and relationship of this to the capacity of your work force.

(5) The bidder must submit the name of the on-the-job foreman who will be responsible for the supervision of the entire project, listing his previous experience on golf course construction work and architect associated with the project along with an irrigation foreman. These shall also be considered first class in their field.

This statement shall be submitted in written form prior to, or at the pre-bid meeting. The City of Midland reserves the right to reject any bid if the information submitted by the Contractor fails to indicate the Contractor's ability to carry out the obligations of the Contract.

Contractor may use either their own standard form or the standard AIA Form, attaching additional written pages as necessary. A financial statement may be required if deemed necessary by the City and, if requested, shall be submitted in a separate, clearly marked envelope.

QUAIL GOLF COURSE RENOVATION | Supplementary Conditions

5. SUPPLEMENTARY CONDITIONS

GENERAL

*In the event of any conflict or contradiction between these specifications and the City’s specifications, the City’s specifications shall take precedence and govern.

Drawings, Standard General Conditions of Contract, supplementary Conditions and Special Conditions, apply to work of this section.

1.01 DESCRIPTION

This section expands upon and modifies the Standard General Conditions. This section includes the following:

A. Contract Administration Submittals B. Insurance C. Meetings D. Surveys, Measurements and Layouts E. Occupational Safety and Health Standards

1.02 CONTRACT ADMINISTRATION SUBMITTALS

A. General: The General Conditions, Supplementary Conditions and Special Conditions provide definite times for Contractor to submit certain lists, qualifications, price breakdowns and schedules for administrative procedures including but not necessarily limited to the following:

B. List of Subcontractors: Before execution of the Contract, the bidder awarded the contract will submit to the Owner for approval a list of all Subcontractors, and/or his major Subcontractors, proposed to use. This list will include each Subcontractor's correct name, mailing address and phone number.

C. Contractor's Superintendent: The Contractor shall submit the name and qualifications of the person designated as Project Superintendent within ten (10) days of the receipt of the Notice of Award Letter.

D. Contract Price Breakdown: Upon execution of the Contract, the Contractor shall submit to the Owner for approval a breakdown of the Contract price, itemizing material and labor for various classifications of work.

1. The Owner will provide forms entitled "DETAILED ESTIMATE" for the Contractor to use to prepare the breakdown. The Owner will also provide an example for the Contractor to generally follow to prepare the breakdown.

2. Unit Price bid items will be multiplied by the estimated quantities to give the item totals.

The total item will then be divided into "material" and "labor" and listed on the breakdown. The breakdown of unit price items into material and labor is required so the Owner may make progress payments on materials delivered before the labor is performed.

E. Work Progress Schedule: Within three (3) weeks after receipt of a Work Order, the Contractor shall submit in duplicate to the Owner for approval an estimated progress schedule for the work in relation to the entire project.

The Owner will provide forms entitled "PROPOSED SCHEDULE" for the Contractor to use to prepare his progress schedule. The form is a bar chart with time across the top and work item down the side. The Contractor will fill out this form listing the work items and show the beginning and ending dates for each item. The Owner will provide an example for the Contractor to generally follow to prepare the progress schedule.

F. Estimated Payment Schedule: Prior to starting work, the Contractor shall submit to the Owner an estimate of his monthly payment requests. This shall be reviewed each month during the construction period and revised estimates furnished if significant changes are indicated.

G. Testing and Quality Control: Observation of the Contractor's work to determine compliance with the plans and specifications may include testing of material installed on the project. A Testing Laboratory located by the Contractor shall do testing of materials furnished and work performed.

The Contractor shall use only materials in the work which meet the requirements of the specifications. The Contractor shall furnish at his own expense all necessary tests and specimens for testing of the material and when requested shall furnish a complete written statement of the origin, composition, and/or manufacturer of any or all materials that are to be used in the work. All materials not conforming to the requirements of the specifications will be rejected.

THIS QUALITY CONTROL SERVICE DOES NOT RELIEVE THE CONTRACTOR OF HIS

RESPONSIBILITY WITH REGARD TO CONSTRUCTING THE WORK IN ACCORDANCE

WITH THE CONTRACT.

Contractor shall submit appropriate tests including, but not limited to:

1) Any test required in the technical specifications

2) Any structural element called for on the plans, including, but not limited to dam construction, concrete asphalt roads or paths, shelters, bridges or other structure tests, pressure test of irrigation.

3) Test to prove adequacy of design and construction of any feature that may have been accepted by Owner under contractor's "Alternate Proposal".

4) Any test that may be occasioned by any local, state, or federal law.

H. As-Built Drawings: The contractor shall maintain a complete set of Contract Drawings in his possession, upon which he is required to note in red, or other clear manner, all deviations, final dimensions and explanatory notes arising out of actual work installed or performed in the field, and showing exact locations of such work, including trades. Notes on these drawings shall indicate installed locations and dimensioned clearances. Contractor to furnish an as-built drawn from an aerial photo identifying course, irrigation (including all components, buried or otherwise), major and minor drainage lines and related structures, all underground utilities, location of buried trees and debris, limits of topsoil, extra borrow areas, and other significant construction which could reasonably be foreseen to affect future operation.

A black and white bond copy shall also be supplied to club and Golf Course Designer. All as-builts shall be supplied in CAD and PDF format.

I. Project Manuals: Contractor shall supply Owner a project manual for operations of all mechanical systems to be included under this contract in a manner satisfactory to Golf Course Designer, his subconsultants and Owner's representatives.

J. Schedule of Tests, Submittals: A schedule of anticipated tests and submittals begins on the next page. Additional submittals may be required.

1.03 INSURANCE

A. Contractor's Liability Insurance

1. Liability insurance shall include all major division of coverage and be on a comprehensive basis including:

a. Premises Operations (including X-C-U)

b. Owner's and Contractor's Protection

c. Products and Completed Operations

d. Contractual - including specified provisions for the Contractor's obligations under paragraph 4.18.

e. Owned, non-owned and hired motor vehicles

2. The following:

a. Workers Compensation - statutory Employer's Liability - $100,000.00

b. Comprehensive General

Liability Per Person Per Occurrence Aggregate

Bodily Injury $500,000.00 $400,000.00 Property Damage $100,000.00 $300,000.00

c. Comprehensive Automobile

Liability Per Person Per Occurrence

Bodily Injury $250,000.00 $500,000.00 Property Damage $100,000.00 $100,000.00

d. Independent Contractors - Same limits as above.

e. Products and completed Operations - Same limits as above for two years, commending with issuance of final Certificate for Payment.

f. Contractual Liability - Same limits as above. Broad form including excess umbrella.

3. Furnish one copy of certificates herein required for each copy of Agreement; specifically set forth evidence of all coverage required by items 1 and 2, above. The form of the certificate shall be acceptable to the owner. Furnish to the Owner copies of any endorsements that are subsequently issued amending coverage or limits.

B. Owner's Liability Insurance

1. The Contractor shall affect, maintain, and pay for all Owner's Liability Insurance as required below until final acceptance of the work. Certificates of Insurance acceptable to the owner shall be filed with the Owner prior to commencement of work. These certificates shall contain a provision that coverage afforded under the policies will not be canceled until at least 30 days prior written notice has been given to the Owner.

a. Bodily Injury - Per person/per occurrence - $250,000/$250,000

b. Property Damage - Per/Aggregate - $100,000/$300,000.

C. Property Insurance

1. The Contractor shall purchase property insurance upon the work, rather than the Owner, except for this revision to the first sentence of paragraph 5.6, the rest of the paragraph will read with no other revisions.

2. If this insurance is written with a stipulated amount deductible under the terms of the policy, the Contractor shall pay the difference attributable to such dedication in any payments made by the insurance carrier on claims paid by this insurance.

3. The Contractor shall file the original and one certified copy of all policies with the Owner before exposure to loss may occur. If the Owner is damaged by the failure of the Contractor to maintain such insurance and to so notify the Owner, then the Contractor shall bear all reasonable costs properly attributable thereto.

4. Contractor shall effect, maintain, and pay for Umbrella Liability Insurance in the amount of $1,000,000.00 covering excess of the under-lying policies and possible uninsured exposure.

1.04 MEETINGS

A. Pre-Construction Conference: Prior to start of work, a conference between the owner and

Contractor will be held to discuss provisions of the contract documents, explain administrative procedures and coordinate the work effort. Time of pre-construction conference will be stated in the Work Order letter for the Contractor. Attendance by Contractor and Contractor's Superintendents is mandatory.

1. Owner will schedule meeting and provide meeting place.

2. Attendance: The following are expected to attend:

a. Owner's Representative.

b. Consultant's Construction Administrator.

c. Representatives from Sub-Consultants

d. Contractor's General Superintendent, Project Superintendent and Project

Coordinator

e. Representatives of major subcontractors

3. Agenda Items:

a. List of major Subcontractors and Suppliers

b. Tentative construction schedule

c. Critical work sequencing

d. Major equipment deliveries

e. Designation of responsible personnel

f. Procedures and processing of field decisions, proposal requests, submittals color coordination, change orders, and applications for payment.

g. Adequacy of distribution of Contract Documents.

h. Procedures for maintaining Record Documents

i. Use of Premises: office, work, storage, staging areas; Owner's requirements

j. Construction facilities, controls and construction aids

k. Temporary utilities

l. Safety and first aid procedures

m. Security procedures

n. Housekeeping procedures

o. Other business

4. The Owner's Representative will preside over the meeting.

B. Progress Meetings: Construction progress meetings may be called by the Project Manager, Project Inspector or the General Contractor to review job progress or problems.

1. Schedule meeting and notify in writing those concerned at least one week in advance of meeting.

2. Provide a convenient, comfortable meeting place.

3. Contractor's Project Superintendent or Project Manager shall preside over meeting.

4. Attendance: The following are expected to attend:

a. Owner's Representative

b. Consultant's Construction Administrator

c. Subconsultant's unless notified otherwise

d. Contractor's General Superintendent, Project Superintendent and Project

Coordinator.

e. Subcontractors having work in progress

f. Subcontractors whose work will start within the next month

g. Others as requested by Owner, A/E, or Contractor

5. Agenda

a. Review, approval of minutes or previous meeting

b. Review of work progress since previous meeting

c. Field observation, problems, conflicts

d. Problems which impede construction schedule

e. Review of off-site fabrication, and delivery schedules

f. Corrective measures and procedures to regain projected schedule.

g. Revisions to construction schedules

h. Progress schedules for succeeding period

i. Schedule coordination

j. Review proposed changes for effect on construction schedule, on completion date, and effect on other contracts of project

k. Maintenance of quality standards

l. Pending changes and substitutions

m. Other business

C. Minutes of Meetings: Contractor shall take notes at pre-construction and progress meetings and distribute them to those concerned in the from of minutes within four (4) calendar days after meeting.

1.05 SURVEYS, MEASUREMENTS AND LAYOUTS

A. General: The Owner will provide property surveys. The Contractor shall be responsible for all control point staking as required. The Contractor's responsibility for verifying conditions is defined in the Standard General Conditions.

B. Surveys, Measurements and Layout Out of Work: The Contractor will establish from survey information on drawings all lines, grades, and levels and will be responsible for maintenance and accuracy thereof.

1.06 CONTRACT TIME

A. Failure to Complete Work on Time:

1. The time set forth in the Contract for the completion of work is an essential element of the Contract. Contractor's failure to complete the work within such time will cause damage to the Owner.

2. The Owner will suffer financial loss if the project is not substantially completed on the date set forth in the Contract Documents. The Contractor shall be liable for and shall pay for all damages suffered by the Owner. The Contractor agrees that the sum of FIVE HUNDRED DOLLARS ($500.00) per calendar day may be withheld from payments due to the Contractor in addition to the retainage to satisfy the actual damages to the Owner.

The actual damages to the Owner will be determined after final acceptance of the project by the Owner.

The sum will be as deducted form the money due or to become due to the Contractor, not as a penalty, but as liquidated damages and added expense including the administrative and inspection costs for each and every calendar day the work or any portion thereof shall remain incomplete after the expiration of the Contract or authorized extension of time.

3. Charges for liquidated damages will begin accumulating on the first calendar day following the final contract completion date and continue until the date of final acceptance as established by the Project Manager. Final acceptance will not be issued until all punch list items have been completed.

1.07 OCCUPATIONAL SAFETY AND HEALTH STANDARDS

The work and the Contractor's operational activities shall comply with the applicable provisions of the Department of Labor, Safety and Health Regulations for Construction and applicable State and Municipal occupational safety and health standards, particularly trench safety regulations.

1.08 EQUAL OPPORTUNITY EMPLOYMENT

A. The Contractor shall not discriminate against any employee or applicant for employment because of race, religion, creed, color or national origin. The Contractor shall take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to race, religion, creed, color or national origin. Such action shall include, but not be limited to, the following: employment, upgrading, demotion or transfer;

recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the Contracting officer setting forth the provisions of this non-discrimination clause.

B. The Contractor shall, in all solicitations or advertisements for employees placed by or on behalf of the Contractor, state that all qualified applicants will receive consideration for employment without regard to race, creed, color or national origin.

C. The Contractor shall send to each labor union or representative of workers with which he had a collective bargaining agreement or other contract or understanding, a notice, to be provided by the agency contracting officer advising the labor union or worker's representative of the contractor's commitments under Section 202 of Executive Order No. 11246 of September 24, 1965, and shall post copies of the notice in conspicuous places available to employees and applicants for employment.

D. In the event of the Contractor's noncompliance with the nondiscrimination clauses of this contract or with any of such rules, regulations, or orders, this contract or with any of such rules, regulations, or orders, this contract may be canceled, terminated or suspended in whole or in part and the contractor may be declared ineligible for further government contracts in accordance with procedures authorized in Executive Order No. 11246 of September 24, 1965, or by rule, regulation or order of the Secretary of Labor, or a otherwise provided by law.

E. The Contractor shall include the provisions of paragraph (A) through (D) in every subcontractor purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to Section 204 of Executive Order No. 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The Contractor will take such action with respect to any subcontract or purchase order as the contracting agency may direct as a means of enforcing such provisions, including sanctions for noncompliance:

Provided, however, that in the event the Contractor may request the United States to enter into such litigation to protect the interests of the United States.

1.09 WAGE SCALE

Attention is directed to the provisions of House Bill No. 54, Chapter 45, passed by the Forty-

Third Legislature, at its regular session, requiring that not less than the general prevailing rates of per diem wages for work of similar character in the locality where the work is performed be paid all laborers, workmen, and mechanics employed in the construction of public works. The Contractor and each Subcontractor shall keep or cause to be kept, an accurate record showing the names and occupations of all laborers, workmen and mechanics employed by him, in connection with said public work, and showing also the actual per diem wages paid to each of the workers, which record shall be open at all reasonable hours to the inspection of the County Representatives.

QUAIL GOLF COURSE RENOVATION | Special Conditions

6. SPECIAL CONDITIONS OF THE AGREEMENT

TABLE OF CONTENTS

GENERAL MATTERS

SCG.01 SCOPE OF WORK

SCG.02 GOLF COURSE DESIGNER

SCG.03 OWNER'S REPRESENTATIVE

SCG.04 CORRESPONDENCE

SCG.05 METHOD OF CORRESPONDENCE

SCG.06 PERFORMANCE SPECIFICATIONS

SCG.07 TRADE NAMES AND MATERIALS

SCG.08 SPECIAL FABRICATION

SCG.09 RISK

SCG.10 DECISIONS ON DISPUTES

SCG.11 RETAINAGE

SCG.12 INSPECTION

SCG.13 PERMITS

SCG.14 PAYMENT SCHEDULE

SCG.15 PRINTS FOR CONTRACTOR

SCG.16 GUARANTY AGAINST DEFECTIVE WORK

PRECONSTRUCTION MATTERS

SCP.01 STAGING AREA

SCP.02 FACILITIES TO BE PROVIDED BY CONTRACTOR

SCP.03 STORING AND MOVING MATERIAL

CONSTRUCTION MATTERS

SCC.01 TIME ALLOTTED FOR STARTING & COMPLETION OF CONST.

SCC.02 MAINTENANCE OF WORK FORCE

SCC.03 CONTINUOUS SERVICE OF PERSONNEL

SCC.04 WATCHMAN

SCC.05 PROJECT MAINTENANCE

SCC.06 PROTECTION OF WORK AND PROPERTY

SCC.07 PROTECTION OF MATERIAL, TOOLS, AND EQUIPMENT

SCC.08 LANDSCAPE PROTECTION

SCC.09 DUST PALLIATION

SCC.10 PROPERTY LINES, MONUMENTS AND REFERENCE POINTS

SCC.11 LINES AND GRADES

SCC.12 EXISTING STRUCTURES

SCC.13 EXISTING UTILITIES AND SERVICE LINES

SCC.14 PUBLIC UTILITIES AND OTHER PROPERTY TO BE CHANGED

SCC.15 HEALTH, SAFETY AND ACCIDENT PREVENTION

SCC.16 FIRE PRECAUTIONS AND PROTECTION

SCC.17 BURNING

SCC.18 EROSION CONTROL

E. SPECIAL CONDITIONS OF AGREEMENT

QUAIL GOLF COURSE AT HOGAN PARK

Midland, Texas

GENERAL MATTERS

SCG.01 SCOPE OF WORK

The Work of this Contract includes the furnishing of all materials, labor, equipment, tools, transportation, insurance, sales taxes, including full time construction superintendent and miscellaneous services required for construction of new greens, tees, bunkers, drainage and grass conversion in fairways.

SCG.02 GOLF COURSE DESIGNER

Golf Course Designer shall be defined as:

Kemp Golf Course Design 1513 Cedar Hill Ave.

Dallas, TX 75208

(214) 405-3483 trey@kempgolf.com

All questions shall be directed to Trey Kemp. Contractor should be aware that Trey Kemp shall make visits to the site during construction, to direct and/or revise final shaping. Contractor shall make every effort to cooperate with Designer to maximize his site visits.

SCG.03 OWNER'S REPRESENTATIVE

The following has been designated as Owner's Representative:

Mr. Tyson Kerby – Golf Course Superintendent

Hogan Park Golf Course 3600 N. Fairgrounds Road Midland, TX 79705

(806) 786-3064 tkerby@midlandtx.gov

SCG.04 CORRESPONDENCE

All correspondence to any party shall be copied to:

Kemp Golf Course Design 1513 Cedar Hill Ave.

Dallas, TX 75208

(214) 405-3483 trey@kempgolf.com

Ms. Laurie Williams and Mr. Tyson Kerby City of Midland Parks & Recreation Hogan Park Golf Course

300 N. Loraine 3600 N. Fairgrounds Road Mildand, TX 79701 Midland, TX 79705

(432) 685-7370 (806) 786-3064 lwilliams@midlandtx.gov tkerby@midlandtx.gov

SCG.05 METHOD OF CORRESPONDENCE

Opinions, reports, or decisions shall be issued in writing through special letter, regular reports, or other means as may benefit the project. All matters concerning any aspect of work covered by this contract may be issued by either Golf Course Designer or Owner's Representative. Golf Course Designer's agreement with Owner does not allow him to issue opinions without consent of the owner. Thus, any correspondence produced by Golf Course Designer shall be considered the same as if issued by the Owner.

All correspondence of any nature issued by Owner and/or Golf Course Designer shall be considered as true and correct unless objection is noted in writing by any party within 72 hours of issuance. If such objection is made, review shall be made, and clarification or revision issued.

SCG.06 PERFORMANCE SPECIFICATIONS

In the performance of all work herein contemplated, the Contractor, his subcontractors and their subcontractors and any material suppliers are independent contractors with the authority to control and direct the performance of their relative portions of the work, under the authority of general contractor. It is further understood that the Golf Course Designer and Owner are only interested in the results obtained. All persons or business entities performing any work herein shall be and remain under the sole direction of the general contractor. However, it is agreed that the work shall meet with the approval of the Golf Course Designer and the Owner and be subject to the general right of inspection of the satisfactory completion thereof.

All persons and business entities performing work under this contract shall be bound by the same terms and conditions contained in the contract documents with the general contractor.

SCG.07 TRADE NAMES AND MATERIALS

Where materials or equipment are specified by a trade or brand name, it is not the intention of the Owner to discriminate against an equal product of another manufacturer, but rather to set a definite standard of quality or performance, and to establish an equal basis for the evaluation of bids. Where the words "equivalent", "proper", or "equal to" are used, they shall be understood to mean that the thing referred to shall be proper, the equivalent of, or equal to some other thing, in the opinion or judgment of the Owner. Unless otherwise specified, all materials shall be the best of their respective kinds, shall be in all cases fully equal to approved samples and shall never have been used for any temporary purpose whatsoever. Notwithstanding that the words "or equal to" or other such expressions may be used in the specifications in connection with a material, manufactured article or process, the material, article or process specifically designed shall be used, unless a substitute shall be approved in writing by the Owner; the Owner shall have the right to require the use of such specifically designated material.

SCG.08 SPECIAL FABRICATION

All materials to be used in this contract are intended to be stock "off the shelf" materials commonly found in the trade. In no case should any material be considered to be "specially fabricated" unless specifically agreed to by Owner prior to signing construction contract.

This clause applies regardless of size or limits of ability of any Contractor, subcontractor or material supplier that might require special efforts on his part to comply with this provision of the contract.

SCG.09 RISK

It is specifically agreed that the general contractor, any subcontractors or their subcontractors material suppliers or any person or entity performing work under this contract undertakes such work at his own risk. All persons or entities are responsible for means, methods, sequences and techniques of their respective work and represent that their work shall produce the final product or work described by these specifications and sought by Owner in a timely manner.

SCG.10 DECISIONS ON DISPUTES

Any conflicts arising as a result of the plans and specifications, or other condition of work will be resolved by the Owner and Designer as covered in the General Conditions and Special Conditions. Appeals shall not hinder progress of work as directed. Written presentation of disputes will be made to the Designer within ten

(10) days of commencement of the dispute for decision. Any claim not presented within the time limit shall be deemed to have been waived unless the claim is of a continuing character. After receipt by the Designer of notice thereof, such a claim will be reviewed and in accordance with the General Conditions.

SCG.11 RETAINAGE

The Owner will retain % of all periodic and final Contractor's request for payment. This money will be held for one month after final acceptance of the project by the Owner, to clear liens and other encumbrances on the project.

Neither the final payment nor any part of the retained percentage shall become due until the Contractor shall deliver to the Owner complete release of all liens, financial obligations or claims from himself, subcontractors, suppliers of material or other agents acting on his behalf in connection with the work, arising out of the work and an affidavit that so far as he has knowledge or information, the releases include all the labor and materials for which a claim could be made or a lien could be filed. If any lien remains unsatisfied, after all payments are made, the contractor shall refund to the Owner all monies that the latter may be compelled to pay in discharging such a lien, including all costs and a reasonable attorney's fee.

SCG.12 INSPECTION

The word "Inspection", or other forms of the word, as used in the contract documents for this project shall be understood as meaning the Designer will observe the construction on behalf of the Owner. The Designer will observe and check the construction in sufficient detail to satisfy himself that the work is proceeding in general accordance with the contract documents, but he will not be a guarantor of the Contractor's performance.

SCG.13 PERMITS

Contractor shall obtain all necessary permits at its sole cost and expense.

SCG.14 PAYMENT SCHEDULE

All payment schedules and payment requests made by the Contractor shall be made in triplicate to:

Kemp Golf Course Design 1513 Cedar Hill Ave.

Dallas, TX 75208

(214) 405-3483 trey@kempgolf.com

SCG.15 PRINTS FOR CONTRACTOR

The successful bidder will be issued construction prints at his cost by Golf Course Designer for construction.

SCG.16 GUARANTY AGAINST DEFECTIVE WORK

The Contractor shall indemnify the Owner against any repairs which may become necessary to any part of the work performed under the contract, arising from defective workmanship or materials used therein, for a period of one (1) year from the date of final acceptance of the work. Those items covered under guaranty for this project include all clearing grading, drainage, irrigation, cart path system, and other paving and feature construction. Grassing is not covered except as defined in the grassing section of the specifications.

PRECONSTRUCTION MATTERS

SCP.01 STAGING AREA

Exact location shall be approved by Owners representative.

SCP.02 FACILITIES TO BE PROVIDED BY CONTRACTOR

a) Water, Electricity and Telephone

The Contractor shall have permission to use water and electric services, including temporary connections, used by him or by Subcontractors during the progress of the work and until final acceptance. Consult Owner's representative for location of nearest tap.

The Contractor shall provide and maintain telephone service with a telephone set in the Contractor's office.