HomeMy WebLinkAboutResolution - 2022-R0170 - Contract 16456 with Intercon Demolition for Lubbock Business Center 4.12.22Resolution No. 2022-RO170
Item No. 7.21
April 12, 2022
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, Public Works Contract No. 16456 for the
Demolition of Lubbock Business Center as per RFP 22-16456-KM, by and between the City
of Lubbock and Intercon Demolition, of Lubbock, Texas, and related documents. Said
Contract is attached hereto and incorporated in this resolution as if fully set forth herein and
shall be included in the minutes of the City Council.
Passed by the City Council on April 12, 2022
j —
DANIEL M. POPE, MAYOR
ATTEST:
Q dA��" X�
Rebecc Garza, City Secreta
APPROVED AS TO CONTENT:
Jesica achern, Assistant City Manager
APPROVED AS TO FORM:
elli Le sure, Assistant City Attorney
ccdocs/RES.Public Works Contract 16456- Demolition of Lubbock Business Center
March 29, 2022
PROPOSAL SUBMITTAL FORM
PRICE PROPOSAL CONTRACT
DATE: March 22, 2022
PROJECT NUMBER: RFP 22-16456-KM Demolition of Lubbock Business Center
Proposal of Intercon Demolition
called Offeror)
(hereinafter
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 Demolition of Lubbock Business
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.
The price to cover all expenses incurred in performing the work required under the contract documents.
PROPOSED CONSTRUCTION TM:
1. Contractors proposed CONSTRUCTION TIME for completion:
TOTAL CONSECUTIVE CALENDAR DAYS: 150 Days (to Substantial Completion)
TOTAL CONSECUTIVE CALENDAR DAYS: 180 Days (to Final Completion)
(not to exceed 180 consecutive calendar days to Substantial Completion / 210 consecutive calendar days
to Final Completion).
Offeror hereby agrees to commence the work on the above project on a date to be specified in a written "Notice
to Proceed" of the Owner and to substantially complete the project within 180 Consecutive Calendar Days
with final completion within 210 Consecutive Calendar Days as stipulated in the specification and other
contract documents. Offeror hereby further agrees to pay to Owner as liquidated damages in the sum of $500
for each consecutive calendar day after substantial completion and liquidated damages in the sum of $500 for
each consecutive calendar day after final completion set forth herein above for completion of this project, all
as more fully set forth in the General Conditions of the Agreement.
Offeror understands and agrees that this proposal submittal shall be completed and submitted in
accordance with instruction number 28 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. 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.
#0-1
#0-2
City of Lubbock
RFP 22-16456-KM
Demolition of Lubbock Business Center
Price Proposal Sheet
Mobilization
Demolition of Lubbock Business Cent
QTY
1
1
Location
Total Cost
U/M
LS
LS
Intercon Demolition
Lubbock, TX
$645,000.00
Unit Extended
Price Cost
O 1 J'vvv �D 1 J'vvv
$630,000 $630,000
Enclosed with this proposal is a Cashier's Check or Certified Check Enclosed with
this proposal is a Cashier's Check or Certified Check for
Dollars ($ ) or a Proposal Bond in the sum ofThirty Two Thousand Five Hundred
Dollars ($ 32,500.00 ), which it is agreed shall be collected 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 to Offerors.
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.
(Seal if Offeror is a Corporation)
ATTEST:
Offeror acknowledges receipt of the following addenda:
Addenda No. 1
Date 03/08/22
Addenda No. 2
DateTNTU/27—
Addenda No. 2
Date 03/15/22
Addenda No. 3
Date 03/21/22
Date: March 22, 2022
SignatureAuthorized
Brent Bates
(Printed or Typed Name)
Intercon Demolition
Company
3409 Idalou Rd
Address
Lubbock
Lubbock
City,
County
Texas
, 79403
State
Zip Code
Telephone: 325
_ 665-5102
Fax:
EmailTintencon emo.com
FEDERAL TAX ID or SOCIAL SECURITY
No.
752144660
M/wBE Firm I I woman I I Black American I Native American
Hispanic American I I Asian Pacific American I Other S
CERTIFICATE OF INTERESTED PARTIES FORM 3295
l of l
Complete Nos. 1- 4 and 6 if there are interested parties.
OFFICE USE ONLY
Complete Nos.1, 2, 3, 5, and 6 if there are no interested parties.
CERTIFICATION OF FILING
Certificate Number:
1
Name of business entity filing form, and the city, state and country of the business entity's place
of business.
2022-867301
Intercon Construction Co Inc
%Nyhe, TX United States
Date Filed:
03/31/2022
2
Name of governmental entity or state agency that is a party to the contract for which the form is
being filed.
City of Lubbock
Date Acknowledged:
3
Provide the identification number used by the governmental entity or state agency to track or identify the contract, and provide a
description of the services, goods, or other property to be provided under the contract.
16456
Demolition
4
Name of Interested Party
City, State, Country (place of business)
Nature of interest
(check applicable)
Controlling
Intermediary
5
Check only if there is NO Interested Party. ❑
X
6
UNSWORN DECLARATION
My name is Brent B ates and my dale of birth is
My address is 1310 Wheelis Rd Wylie TX 75098 US
(street) (city) (state) (zip code) (country)
I declare under penalty of perjury that the foregoing is true and correct
Executed in Collin County, of Texas on the 31 day of March 20 22
(month) (year)
MICHELLE OLIVER
Notary ID #11225541 _
�s My Commission Expires
�t°ram
December 16, 2025
Signature o zed agent of contracting business entity
(Declarant)
ruuos Niuwucu uy i exas Cmtcs k.ommission www.emics.state.tx.us Version V1.1.191b5Cdc
CERTIFICATE OF INTERESTED PARTIES
FORM 1295
lofl
Complete Nos. 1- 4 and 6 if there are interested parties.
OFFICE USE ONLY
Complete Nos.1, 2, 3, 5, and 6 if there are no interested parties.
CERTIFICATION OF FILING
Certificate Number:
1
Name of business entity filing form, and the city, state and country of the business entity's place
of business.
2022-867301
Intercon Construction Co Inc
Wylie, TX United States
Date Filed:
03/31/2022
2
Name of governmental entity or state agency that is a party to the contract for which the form is
being filed.
City of Lubbock
Date Acknowledged:
03/31/2022
3
Provide the identification number used by the governmental entity or state agency to track or identify the contract, and provide a
description of the services, goods, or other property to be provided under the contract.
16456
Demolition
4
Name of Interested Patty
City, State, Country (place of business)
Nature of interest
(check applicable)
Controlling
I Intermediary
5
Check only if there is NO Interested Party.
X
6
UNSWORN DECLARATION
My name is and my date of birth is
My address is
(street) (city) (state) (zip code) (country)
I declare under penalty of perjury that the foregoing is true and correct.
Executed in County, State of on the day of , 20
(month) (year)
Signature of authorized agent of contracting business entity
(Declarant)
r-urms pruviueu oy i exas tmics Commission www.etnlcs.state.tx.us Version V1.1.191b5cdc
BOND CHECK
BEST RATING
LICENSED IN TEXAS
DATE BY:
CONTRACT AWARD DATE: April 12, 2022
CITY OF LUBBOCK
SPECIFICATIONS FOR
Demolition of Lubbock Business Center
RFP 22-16456-KM
CONTRACT 16456
PROJECT NUMBER: 92399.8302.30000
Plans & Specifications may be obtained from
htlps:Hci-lubbock-tx.bonfirehub.com/
City of
Lubbock
TEXAS
CITY OF LUBBOCK
Lubbock, Texas
Page Intentionally Left Blank
Addenda
Page Intentionally Left Blank
�ub
City of
bock
TEXAS
ADDENDUM]
New Close Date and Q & A Deadline
REP 22-16456-KM
Demolition of Lubbock Business Center
DATE ISSUED: March 8, 2022
NEW CLOSING DATE: March 22, 2022 at 3:00 p.m.
The following items take precedence over the proposal dates for the above named Request for Proposal
(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.
The following date in the Request for Proposals (RFP) has been revised.
Closing Date Extension
1. Please change from Thursday March 31, 2022, at 3:OOPM CST to Tuesday, March 22, 2022, at
3:OOPM CST.
2. New Q & A Deadline: March 17, 2022 at 4:OOPM CST
All requests for additional information or clarification must be submitted in writing and directed to:
Kiara Morgan
City of Lubbock
Purchasing and Contracts Management Office
1314 Ave K, Floor 9
Lubbock, Texas 79401
Questions may be emailed to kmorgan&mylubbock.us
Questions are preferred to be posted on hgps:Hci-lbbock-tx.bonfirehub.com/
THANK YOU,
CITY OF LUBBOCK
Kiara Morgan
Buyer III
City of Lubbock
Purchasing and Contracts Management Office
It is the intent and purpose of the City of Lubbock that this request permits competitive proposals. It shall be the
proposer's responsibility to advise the Director of Purchasing and Contract Management 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 Director of Purchasing
and Contract Management no later than five (5) business days prior to the close date. A review of such notifications
will be made.
City of Lubbock
iFMAf
ADDENDUM 2
Site Visit
RFP 22-16456-KM
Demolition of Lubbock Business Center
DATE ISSUED: March 10, 2022
CLOSE DATE: March 22, 2022, at 3:00 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.
Please review, incorporate, and acknowledge the information in this addendum on the signature
page of the Proposal Submittal Form.
Site Visit
Site Visit is scheduled for Wednesday, March 16, 2022 from 12:00 PM to 2:00 PM. We will
be meeting in front of the Lubbock Business Center:
1301 Broadway St, Lubbock, TX 79401
All requests for additional information or clarification must be submitted in writing and directed to:
Kiara Morgan
City of Lubbock
Purchasing and Contracts Management Office
1314 Ave K, Floor 9
Lubbock, Texas 79401
Questions may be emailed to Kmorganglnylubbock.us
Questions are preferred to be posted on Bonfire:-hqps:Hci-lubbock-tx.bonfirehub.com/
THANK YOU,
CITY OF LUBBOCK
Kiara Morgan
City of Lubbock
Purchasing and Contracts Management Office
It is the intent and purpose of the City of Lubbock that this request permits competitive proposals.
It shall be the offeror's responsibility to advise the Director of Purchasing and Contract Management if any language,
requirements, etc., or any combinations thereof, inadvertently restricts or limits the requirements stated in this ITB to
a single source. Such notification must be submitted in writing and must be received by the Director of Purchasing and
Contract Management no later than five (5) business days prior to the close date. A review of such notifications will
be made.
ity of
Lubbock
ADDENDUM 3
Site Visit
RFP 22-16456-KM
Demolition of Lubbock Business Center
DATE ISSUED: April 12, 2022
CLOSE DATE: March 22, 2022, at 3:00 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.
Please review, incorporate, and acknowledge the information in this addendum on the signature
page of the Proposal Submittal Form.
and A's
1.) Are there existing floor plans and/or structural drawings available for the two structures? Uploaded.
2.) Please confirm the fireproofing has been tested and does not contain ACM. All ACM will be removed prior to
demolition.
3.) Please confirm the parking garage decks are not post tensioned. Cast in place
Site Visit is scheduled for Wednesday, March 16, 2022 from 12:00 PM to 2:00 PM. We will
be meeting in front of the Lubbock Business Center:
1301 Broadway St, Lubbock, TX 79401
All requests for additional information or clarification must be submitted in writing and directed to:
Kiara Morgan
City of Lubbock
Purchasing and Contracts Management Office
1314 Ave K, Floor 9
Lubbock, Texas 79401
Questions may be emailed to Kmorgan(amylubbock.us
Questions are preferred to be posted on Bonfire: https://ci-lubbock-tx.bonfirehub.com/
THANK YOU,
CITY OF LUBBOCK
Kiara Morgan
City of Lubbock
Purchasing and Contracts Management Office
It is the intent and purpose of the City of Lubbock that this request permits competitive proposals.
It shall be the offeror's responsibility to advise the Director of Purchasing and Contract Management if any language,
requirements, etc., or any combinations thereof, inadvertently restricts or limits the requirements stated in this ITB to
g .single source. Such notification must be submitted in writing and must be received by the Director of Purchasing
and Contract Management no later than five (5) business days prior to the close date. A review of such notifications
will be made.
1.
2.
3.
4.
5.
6.
7.
8.
9.
10
11
12
13
INDEX
NOTICE TO OFFERORS
GENERAL INSTRUCTIONS TO OFFERORS
TEXAS GOVERNMENT CODE § 2269
PROPOSAL SUBMITTAL FORM — (must be submitted by published due date & time)
4-1. PROPOSAL SUBMITTAL FORM
4-2. SUBMITTAL OF DOCUMENTS
4-3. CONTRACTOR'S STATEMENT OF QUALIFICATIONS
POST -CLOSING DOCUMENT REQUIREMENTS — (to be submitted no later than seven business days
after the close date when proposals are due)
5-1. FINAL LIST OF SUB -CONTRACTORS
PAYMENT BOND
PERFORMANCE BOND
CERTIFICATE OF INSURANCE
CONTRACT
GENERAL CONDITIONS OF THE AGREEMENT
WAGE DETERMINATIONS
SPECIAL CONDITIONS (IF APPLICABLE)
SPECIFICATIONS
Page Intentionally Left Blank
NOTICE TO OFFERORS
Page Intentionally Left Blank
City of
Lubbock
TEXAS
RFP 22-16456-KM
Demolition of Lubbock Business
Center
1. NOTICE TO OFFERORS
1.1. Offerors may submit proposals electronically by uploading required documents at the City of
Lubbock's partner's website, Bonfire. This Request for Proposals is for your convenience in
submitting an offer for the specified services. If submitting electronically, do not submit paper
documents. If you choose to submit in hard copy, submit one original paper copy of your submittal
to the office of the Director of Purchasing and Contract Management:
Physical: Marta Alvarez, Director of Purchasing and Contract Management
City of Lubbock
13 14 Avenue K, 9th Floor
Lubbock, Texas 79401
Mailing: Marta Alvarez, Director of Purchasing and Contract Management
City of Lubbock
P.O. Box 2000
Lubbock, Texas 79457
MARK ENVELOPE WITH THE SOLICITATION NUMBER, TITLE, AND DUE DATE/TIME
1.2. Proposals will be opened in the office of the Director of Purchasing and Contract Management,
Citizens Tower, 1314 Avenue K, Floor 9, Lubbock, Texas, 79401, and via teleconference as shown
below at 3:00 pm March 31, 2022, 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 above
referenced.
1.3. After the expiration of the time and date above first written, said sealed proposals will be opened
in the office of the Director of Purchasing and Contract Management and publicly read aloud. Bids
will be opened via teleconference if date/time stamped on or before the deadline stated at the office
listed above. The Zoom meeting information is as follows:
Website: https:llzoom.usljl97901299748?pwd=QOE5NTRSTHI5bkd3YVQvRzZSUDZgUT09
Meeting ID: 979 0129 9748
Passcode: 1314
1.4. It is the sole responsibility of the offeror to ensure that his proposal is actually in the office of the
Director of Purchasing and Contract Management for the City of Lubbock, before the expiration of
the date above first written. Any proposal received after the date and hour specified will be rejected
and returned unopened to the offeror.
1.5. Mailing of a proposal does not ensure that the proposal will be delivered on time or delivered at all.
If offeror does not hand deliver proposal, we suggest that he/she use some sort of delivery service that
provides a receipt. The City of Lubbock assumes no responsibility for errant delivery of proposals,
including those relegated to a courier agent who fails to deliver in accordance with the time and
receiving point specified.
1.6. Although offers may be submitted electronically, hard copy proposals will be accepted in person, by
United States Mail, by United Parcel Service, or by private
courier service. THE CITY WILL NOT ACCEPT FAX PROPOSALS.
1.7. Proposals may be withdrawn prior to the above scheduled time set for closing. Alteration made
before RFP closing must be initialed by offeror guaranteeing authenticity.
1.8. Proposals are due at 3:00 PM on March 31, 2022 and should be addressed to Marta Alvarez, Director
of Purchasing and Contract Management, City of Lubbock, Texas, Citizens Tower, 1314 Avenue K,
Floor 9, Lubbock, Texas, 79401. The City of Lubbock Council members will consider the proposals
on April 26, 2022, at the Citizens Tower, 1314 Avenue K, 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 offeror 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 offeror will be required to furnish a payment
bond in accordance with Chapter 2253, Government Code, in the amount of 100% of the total contract
price in the event that said contract price exceeds $50,000. Said statutory bonds shall be issued by a
company carrying a current Best Rating of "A" or better. THE BONDS MUST BE IN A FORM
ACCEPTABLE TO THE CITY ATTORNEY. NO WORK ON THE CONTRACT SHOULD
COMMENCE BEFORE THE BONDS ARE PROVIDED AND APPROVED.
1.9 NOTICE TO PROCEED WILL BE ISSUED 30 DAYS FOLLOWING THE AWARD OF THE
CONTRACT BY THE LUBBOCK CITY COUNCIL.
1.10. Please allow time to upload required documentation. 24hrs in advance is recommended.
1.11. 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 offeror will enter
into a contract and execute all necessary bonds within ten (10) business days after notice of award of
the contract to the Offeror. FAILURE OF THE OFFEROR TO INCLUDE PROPOSAL
SECURITY WITH THE PROPOSAL SUBMITTAL SHALL CONSTITUTE A NON-
RESPONSIVE PROPOSAL AND RESULT IN DISQUALIFICATION OF THE PROPOSAL
SUBMITTAL.
1.12. Copies of plans and specifications may be obtained at bidder's expense from the City of Lubbock
Purchasing and Contract Management office. Plans and specifications can be viewed online and
downloaded from hgps:Hci-lbbock-tx.bonfirehub.com/portal/ at no cost. In the event of a large file
size, please be patient when downloading or viewing. BUSINESSES WITHOUT INTERNET
ACCESS may use computers available at most public libraries.
1.13. It shall be each offeror's sole responsibility to inspect the site of the work and to inform Offeror
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.
2. PRE -PROPOSAL MEETING
2.10. 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 -
mandatory pre -proposal conference will be held at 11:00 AM, March 16, 2022, via
teleconference. The Zoom meeting information is as follows:
Website: https:[/zoom.us/jl93556836747?pwd=QOpnbjVVTkFnOEtBajhsNkJkWDFXZzO9
Meeting ID: 935 5683 6747
Passcode: 1314
2.11. All persons attending the meeting will be asked to identify themselves and the prospective offeror they
represent.
2.12. It is the offeror'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. Attention of each offeror is
particularly called to the schedule of general prevailing rate of per diem wages included in the contract
documents on file in the office of the Purchasing and Contract Management Office of the City of
Lubbock, which document is specifically referred to in this notice to offerors. Each offerors attention
is further directed to Texas Government Code, Chapter 2258, Prevailing Wage Rates, and the
requirements contained therein concerning the above wage scale and payment by the contractor of the
prevailing rates of wages as heretofore established by owner in said wage scale.
3. 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.
4. 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 Purchasing and Contract Management Office at (806) 775-2572 write to Post
Office Box 2000, Lubbock, Texas 79457 at least 48 hours in advance of the meeting.
CITY OF LUBBOCK,
Marta Alvarez
DIRECTOR OF PURCHASING &
CONTRACT MANAGEMENT
Page Intentionally Left Blank
GENERAL INSTRUCTIONS TO OFFERORS
Page Intentionally Left Blank
GENERAL INSTRUCTIONS TO OFFERORS
1. OFFEROR INQUIRIES AND CLARIFICATION OF REQUIREMENTS
1.1 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 Director of Purchasing and Contract Management 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 Purchasing and Contract Management Office no later than five (5) calendar
days before the proposal closing date. A review of such notifications will be made.
1.2 NO OFFEROR 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:
Kiara Morgan, Buyer III
City of Lubbock
Purchasing and Contract Management Office
1314 Avenue K, Floor 9,
Lubbock, Texas, 79401
Fax: 806-775-2164
Email: KMorgangMylubbock.us
Website: https://ci-lbbock-tx.bonfirehub.copi/portal/
2. TIME AND ORDER FOR COMPLETION
2.1 The construction covered by the contract documents shall be substantially completed within 180
Consecutive Calendar Days from the date specified in the Notice to Proceed issued by the City of
Lubbock to the successful offeror.
2.2 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.
2.3 Upon receipt of notice to proceed, and upon commencement of the work, the Contractor shall ensure
daily prosecution of the work is conducted every business day until the work is completed, regardless if
the work will be substantially or finally complete ahead of specified deadlines in the agreement, unless
the City determines time off from said prosecution is necessary or reasonable and Contractor received
said determination in writing from the City. Additionally, inclement weather shall be the only other
reason consistent, daily prosecution of the work may not take place on those inclement weather days.
3. GUARANTEES
3.1 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).
3.2 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.
3.3 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.
3.4 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.
4. BASIS OF PROPOSALS AND SELECTION CRITERIA
4.1 The City uses the Competitive Sealed Proposals procurement method as authorized by the Texas
Legislature and further defined by Texas Government Code Section 2269. The Maximum Point value is
equal to 100 points. The weight factor is 60 points for Price, 30 points for Contractor Qualifications, and
10 points for Construction Time. The selection criteria used to evaluate each proposal includes the
following:
4.1.1 60 POINTS - PRICE: The quality of Offerors is not judged solely by a low initial cost proposal
or, conversely, eliminated solely because of a high initial cost proposal. The following is the
formula used when determining price as a factor for construction contract proposals. The lowest
proposal price of all the proposals becomes the standard by which all price proposals are
evaluated. One at a time, each proposal is evaluated by taking the lowest proposal price and
dividing it by the price of the proposal being evaluated. That fraction is then multiplied by the
maximum point value of the price factor for the price score. For Example: (Lowest Price/Current
Proposal Price) x Maximum Point Value = Price Score.
4.1.2 30 POINTS - CONTRACTOR QUALIFICATIONS: When evaluating a contractor's
qualifications, the City uses the "Contractor's Statement of Qualifications" attached within, past
experience with the contractor, the "Safety Record Questionnaire", and the Contractor's
Experience Modification Ratio (EMR). The City may also interview the job superintendent at a
time to be named after receipt of proposals.
4.1.3 Five (5) points of the overall points for this criteria are based on the Experience Modification
Ration (EMR) and supporting documentation submitted by the contractor.
4.1.3.1 The lowest EMR of all the proposals becomes the standard by which all the EMRs are
evaluated. One at a time, each proposal is evaluated by taking the lowest EMR and
dividing it by the EMR of the proposal being evaluated. That fraction is then multiplied
by 5 for the EMR score. For example: (Lowest EMR/Current EMR) x 5 = EMR Score
portion of this criteria)
4.1.3.2 Contractors with an EMR greater than 1.0, as well as those Contractors not
submitting EMRs, will receive zero points for this portion of the selection criteria.
4.1.4 For the remaining portion of this criteria, each evaluator assigns points based upon the responses
the contractor provides in the "Contractor's Statement of Qualifications", any past experience
with the contractor, and on safety record information submitted. The City may consider any
incidence involving worker safety or safety of Lubbock residents, be it related or caused by
environmental, mechanical, operational, supervision or any other cause or factor under the
contractor's control. Evaluators base their rating primarily upon how well you document previous
offenses with the date of the offense, location where the offense occurred, type of offense, final
disposition of the offense, and any penalty assessed
4.1.5 The "Contractor's Statement of Qualifications" is a minimum.
4.1.5.1 You may provide additional pertinent information relevant to the project for which you
are submitting this proposal in an appendix.
4.1.6 10 POINTS - CONSTRUCTION TIME: This criterion is, as with price, objective and
evaluators use the following formula when determining construction time as a factor for
construction contract proposals. The lowest construction time proposal of all the proposals
becomes the standard by which all the construction time proposals are evaluated. One at a time,
each proposal is evaluated by taking the lowest construction time and dividing it by the
construction time of the proposal being evaluated. That fraction is then multiplied by the
maximum point value of the construction time factor for the construction time score. For example:
(Lowest construction time/Current Proposal construction time) x Maximum Point Value =
Construction Time Score)
4.1.7 EVALUATION PROCESS: Evaluators independently review and score each proposal. The
Committee meets, to discuss the individual scores of each evaluator. If the individual scores are
similar, the Chairperson may average the scores then rank offerors accordingly. If the scores are
significantly diverse, the Chairperson initiates and moderates discussion to determine the reasons
for the differences and ensures that all evaluators are fully knowledgeable of all aspects of the
proposals. Scores may then be adjusted by the committee based on committee discussion.
4.1.8 Please note that offerors with higher qualifications scores could be ranked higher than offerors
with slightly better price scores.
4.2 The estimated budget for the construction phase of this project is $836,000.
4.3 Proposals shall be made using the forms provided.
GENERAL INSTRUCTIONS TO OFFERORS
(Continued)
5. ADDENDA & MODIFICATIONS
5.1 Any changes, additions, or clarifications to the RFP are made by ADDENDA information available over
the Internet at https://ci-lubbock-tx.bonfirehub.com/portal/. We strongly suggest that you check for
any addenda a minimum of forty-eight hours in advance of the response deadline. BUSINESSES
WITHOUT INTERNET ACCESS may use computers available at most public libraries.
5.2 Any offeror in doubt as to the true meaning of any part of the specifications or other documents may
request an interpretation thereof from the Director of Purchasing and Contract Management. At the
request of the offeror, or in the event the Director of Purchasing and Contract Management deems the
interpretation to be substantive, the interpretation will be made by written addendum issued by the
Purchasing and Contract Management. Such addenda issued by the Purchasing and Contract
Management Office will be available over the Internet at https://ci-lubbock-tx.bonfirehub.coM/portal/
and will become part of the proposal 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 Purchasing and Contract Management Office no later than five (5)
calendar days before the proposal closing date.
5.3 All addenda, amendments, and interpretations of this solicitation shall be in writing. The City of Lubbock
shall not be legally bound by any explanation or interpretation that is not in writing. Only information
supplied by the City of Lubbock Purchasing and Contract Management Office in writing or in this RFP
should be used in preparing proposal responses. All contacts that an offeror 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.
5.4 The City does not assume responsibility for the receipt of any addendum sent to offerors.
6. EXAMINATION OF DOCUMENTS AND REQUIREMENTS
6.1 Each offeror 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.
6.2 Before submitting a proposal, each offeror shall be responsible for making all investigations and
examinations that are necessary to ascertain conditions and requirements affecting the requirements of
this Request for Proposals. Failure to make such investigations and examinations shall not relieve the
offeror from obligation to comply, in every detail, with all provisions and requirements of the Request
for Proposals.
6.3 Notices of any discrepancies or omissions in these plans, specifications, or contract documents, shall
be given to the Director of Purchasing and Contract Management and a clarification obtained
before the proposals are received, and if no such notice is received by the Director of Purchasing
and Contract Management prior to the opening of proposals, then it shall be deemed that the
offeror 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 offeror does not notify
the Director of Purchasing and Contract Management 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.
7. PROPOSAL PREPARATION COSTS
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.
7.2 The issuance of this RFP does not obligate the City of Lubbock to enter into contract for any services or
equipment.
7.3 All costs related to the preparation and submission of a proposal shall be paid by the offeror.
8. TRADE SECRETS, CONFIDENTIAL INFORMATION AND THE TEXAS PUBLIC INFORMATION
ACT
8.1 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.
8.2 Proposals will be opened in a manner that avoids disclosure of the contents to competing offerors and
keeps the proposals secret during negotiations. All proposals are open for public inspection after the
contract is awarded, but trade secrets and confidential information in the proposals are not open for
inspection. Tex. Loc. Govt. Code 252.049(a)
8.3 Marking your entire proposal CONFIDENTIAL/PROPRIETARY is not in conformance with the Texas
Public Information Act.
8.4 Pursuant to Section 552.234(c) of the Texas Government Code, submit your open records request using
the link provided below.
https:Hlubbocktx.govga.us/WEBAPP/ rs/(S(quiyirflbtihahjnyceg_)vpcs))/SupportHome.aspx
8.5 For more information, please see the City of Lubbock Public Information Act website at:
https:Hci.lubbock.tx.us/pies/public-information-act
9. LICENSES. PERMITS. Taxes
9.1 The price or prices for the work shall include full compensation for all taxes, permits, etc. that the offeror
is or may be required to pay.
10. UTILIZATION OF LOCAL BUSINESS RESOURCES
10.1 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.
11. CONFLICT OF INTEREST
11.1 The offeror 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.
11.2 By signing and executing this proposal, the offeror 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.
11.3 It is not necessary to fill out the CIQ Form unless you have a business relationship that might cause
a conflict of interest with the City of Lubbock
11.4 Effective January 1, 2006, Chapter 176 of the Texas Local Government Code requires that any vendor
or person considering doing business with a local government entity disclose in the Questionnaire, Form
CIQ, the vendor or person's affiliation or business relationship that might cause a conflict of interest
with a local government entity. By law, the questionnaire must be filed with the records administrator
of the City of Lubbock not later than the Seventh business day after the date the person becomes aware
of the facts that require the statement to be filed. The questionnaire can be found at:
hlt2s://www.ethics.state.tx.us/forms/conflict/
For the City of Lubbock, these forms should be filed with the City Secretary's Office, P.O. Box 2000,
Lubbock, Texas, 79457
See Section 176.006, Local Government Code:
http://www.statutes.legis.state.tx.us/SOTWDocs/LG/htm/LG. 176.htm.
A person commits an offense if the person violates Section 176.006, Local Government Code.
An offense under this section is a Class C misdemeanor.
12. CONTRACT DOCUMENTS
12.1 All work covered by the contract shall be done in accordance with contract documents described in the
General Conditions.
12.2 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.
13. CERTIFICATE OF INTERESTED PARTIES
13.1 Effective January 1, 2016, Section 2252.908, as amended, of Chapter 2252 of the Texas Government
Code requires certain business entities to submit an electronic disclosure form to the Texas Ethics
Commission before entering into a contract with a local government entity when any of the following
apply:
1) Contract requires an action or vote by the City Council (governing body); OR
2) Contract value is $1 Million or greater; OR
3) Contract is for services that would require a person to register as a lobbyist under Chapter 305
of the Government Code.
This must be done before executing the contract. The disclosure form may be found at
https://www.ethics.state.tx.us/whatsnew/elf_ info_form1295.htm. You must log in and create an
account the first time you fill out the form. Tutorial videos on how to log in for the first time and how
to fill out the form can be found through the link above. After you electronically submit the
disclosure form, a screen will come up confirming the submission and assigning a certificate number.
Then, you must print the form, have an authorized agent complete the declaration and sign, and
provide it to the City (scanned email copy is acceptable).
14. PLANS FOR USE BY OFFERORS
14.1 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. The contract documents may be examined without charge as
noted in the Notice to Offerors.
15. PAYMENT
15.1 All payments due to Contractor shall be made in accordance with the provisions of the General
Conditions of the contract documents.
16. AFFIDAVITS OF BILLS PAID
16.1 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.
17. MATERIALS AND WORKMANSHIP
17.1 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.
18. PLANS FOR THE CONTRACTOR
18.1 The contractor will, upon written request, be furnished up to a maximum of five sets of plans and
specifications and related contract documents for use during construction. Plans and specifications for
use during construction will only be furnished directly to the Contractor. The Contractor shall then
distribute copies of plans and specifications to suppliers, subcontractors or others, as required for proper
prosecution of the work contemplated by the Contractor.
19. PROTECTION OF THE WORK
19.1 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 an offeror the following information:
(a) The experience record of the offeror 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 offeror.
(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
21.1 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, both known and unknown, 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, and/or the owning utility at the Contractor's expense.
22. BARRICADES AND SAFETY MEASURES
22.1 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
23.2 Explosive materials shall not be stored or kept at the construction site by the Contractor.
24. CONTRACTOR'S REPRESENTATIVE
24.1 The successful offeror shall be required to have a responsible local representative available at all times
while the work is in progress under this contract. The successful offeror 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.
26.1 Attention of each offeror 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 offeror's attention is further directed to the requirements of Texas Government Code, Chapter 2258,
Prevailing Wage Rates, providing for the payment of the wage schedules above mentioned and the
offeror's obligations thereunder. The inclusion of the schedule of general prevailing rate of per diem
wages in the contract documents does not release the Contractor from compliance with any wage law
that may be applicable. Construction work under this contract requiring an inspector will not be
performed on Sundays or holidays unless the following conditions exist:
26.1.1 The project being constructed is essential to the City of Lubbock's ability to provide the necessary
service to its citizens.
26.1.2 Delays in construction are due to factors outside the control of the Contractor. The Contractor is
approaching the penalty provisions of the contract and Contractor can show he has made a diligent
effort to complete the contract within the allotted time.
26.2 Before construction work requiring an inspector is to be performed on Sundays or holidays, the
Contractor must notify the Owner's Representative not less than three full working days prior to the
weekend or holiday he desires to do work and obtain written permission from the Owner's Representative
to do such work. The final decision on whether to allow construction work requiring an inspector on
Sundays 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
27.1 The contractor and each of his subcontractors shall pay each of his employees engaged in work on the
project under this contract in full (less mandatory legal deductions) in cash, or by check readily cashable
without discount, not less often than once each week. The Contractor and each of his subcontractors
shall keep a record showing the name and occupation of each worker employed by the Contractor
or subcontractor in the construction of the public work and the actual per diem wages paid to each
worker. This record shall be open at all reasonable hours to inspection by the officers and agents
of the City. The Contractor must classify employees according to one of the classifications set forth in
the schedule of general prevailing rate of per diem wages, which schedule is included in the contract
documents. The Contractor shall forfeit as a penalty to the City of Lubbock on whose behalf this contract
is made, sixty dollars 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
28.1 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 offeror without being considered.
29. PREPARATION FOR PROPOSAL
29.1 The bidder shall submit his bid on forms furnished by the City, and all blank spaces in the form
shall be correctly filled in, stating the price in numerals for which he intends to do the work
contemplated or furnish the materials required. Such prices shall be written in ink, distinctly and
legibly, or typewritten. In case of discrepancy between the unit price and the extended total for a
bid item, the unit price will be taken. A bid that has been opened may not be changed for the
purpose of correcting an error in the bid price.
29.2If 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 proposal. The proposal shall be executed in ink.
29.3 Pursuant to Texas Local Government Code 252.043(2), 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.
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.
30. BOUND COPY OF CONTRACT DOCUMENTS
30.1 Offeror understands and agrees that the contract to be executed by offeror shall be bound and include the
following:
(a)
Notice to Offerors.
(b)
General Instructions to Offerors.
(c)
Offeror's Submittal.
(d)
Statutory Bonds (if required).
(e)
Contract Agreement.
(f) General Conditions.
(g) Special Conditions (if any).
(h) Specifications.
(i) Insurance Certificates for Contractor and all Sub -Contractors.
(j) All other documents made available to offeror for his inspection in accordance with
the Notice to Offerors.
30.2 If Plans and Specifications are too bulky or cumbersome to be physically bound, they are to be considered
incorporated by reference into the aforementioned contract documents.
31. (QUALIFICATIONS OF OFFERORS
31.1 The offeror 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 offeror may also be required to give a past history and
references in order to satisfy the City of Lubbock about the offeror's qualifications. The City of Lubbock
may make reasonable investigations deemed necessary and proper to determine the ability of the offeror
to perform the work, and the offeror shall furnish to the City of Lubbock all information for this purpose
that may be requested. The offeror's proposal may be deemed not to meet specifications or the proposal
may be rejected if the evidence submitted by, or investigation of, the offeror fails to satisfy the City of
Lubbock that the offeror is properly qualified to carry out the obligations of the contract and to complete
the work described therein. Evaluation of the offeror'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 offeror 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 offeror.
(d) The quality of performance of previous contracts or services.
(e) The safety record of the Contractor and proposed Sub -Contractors
(f) The experience and qualifications of key project personnel
(g) Past experience with the Owner
31.2 Complete and submit the PROPOSED List of Sub -Contractors. Seven (7) business days after closing,
complete and submit the FINAL List of Sub -contractors.
(a) If no sub -contractors will be used please indicate so.
31.3 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 five (5)
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. SELECTION
32.1 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.
32.2 NO INDIVIDUAL OF ANY USING DEPARTMENT (CITY OF LUBBOCK WATER UTILITIES OR
OTHER) 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.
32.3 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.
32.4In 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.
32.5 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.
33. ANTI -LOBBYING PROVISION
33.1 DURING THE PERIOD BETWEEN PROPOSAL SUBMISSION DATE AND THE CONTRACT
AWARD, OFFERORS, INCLUDING THEIR AGENTS AND REPRESENTATIVES, SHALL NOT
DISCUSS OR PROMOTE THEIR PROPOSAL WITH ANY MEMBER OF THE LUBBOCK CITY
COUNCIL OR CITY STAFF EXCEPT UPON THE REQUEST OF THE CITY OF LUBBOCK
PURCHASING DEPARTMENT IN THE COURSE OF CITY -SPONSORED INQUIRIES,
BRIEFINGS, INTERVIEWS, OR PRESENTATIONS.
33.2 This provision is not meant to preclude bidders from discussing other matters with City Council members
or City staff. This policy is intended to create a level playing field for all potential bidders, assure that
contract decisions are made in public, and to protect the integrity of the bid process. Violation of this
provision may result in rejection of the bidder's bid.
34. PROTEST
34.1 All protests regarding the RFP process must be submitted in writing to the City Director of Purchasing
and Contract Management within 5 working days after the protesting party knows of the occurrence of
the action which is protested relating to advertising of notices deadlines, proposal opening and all other
related procedures under the Local Government Code, as well as any protest relating to alleged
improprieties with the RFP process. This limitation does not include protests relating to staff
recommendations as to award of contract. Protests relating to staff recommendations may be directed to
the City Manager. All staff recommendations will be made available for public review prior to
consideration by the City Council as allowed by law.
FAILURE TO PROTEST WITHIN THE TIME ALLOTTED SHALL CONSTITUTE A
WAIVER OF ANY PROTEST.
35. PREVAILING WAGE RATES
35.1 Offerors are required to comply with Texas Government Code, Chapter 2258, Prevailing Wage Rates,
with respect to the payment of prevailing wage rates for the construction of a public work, including a
building, highway, road, excavation, and repair work or other project development or improvement, paid
for in whole or in part from public funds, without regard to whether the work is done under public
supervision or direction. A worker is employed on a public work if the worker is employed by the
contractor or any subcontractor in the execution of the contract for the project.
35.2 A worker employed on a public work by or on behalf of the City of Lubbock shall be paid not less than
the general prevailing rate of per diem wages for the work of a similar character in the locality in which
the work is performed, and not less than the general prevailing rate of per diem wages for legal holiday
and overtime work.
35.3 A contractor or subcontractor who violates Texas Government Code Section 2258.023 shall pay to the
City of Lubbock $60 for each worker employed for each calendar day or part of the day that the worker
is paid less than the wage rates stipulated in the contract.
TEXAS GOVERNMENT CODE § 2269
SUBCHAPTER D.
SELECTING CONTRACTOR FOR CONSTRUCTION
SERVICES THROUGH COMPETITIVE SEALED PROPOSALS
Sec. 2269.151. CONTRACTS FOR FACILITIES: COMPETITIVE SEALED PROPOSALS. (a) In
this chapter, "competitive sealed proposals" is a procurement method by which a governmental entity requests
proposals, ranks the offerors, negotiates as prescribed, and then contracts with a general contractor for the
construction, rehabilitation, alteration, or repair of a facility.
(b) In selecting a contractor through competitive sealed proposals, a governmental entity shall follow
the procedures provided by this subchapter.
Sec. 2269.152. USE OF ARCHITECT OR ENGINEER. The governmental entity shall select or
designate an architect or engineer 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.
Sec. 2269.153. PREPARATION OF REQUEST. The governmental entity shall prepare a request for
competitive sealed proposals that includes construction documents, selection criteria and the weighted value for
each criterion, estimated budget, project scope, estimated project completion date, and other information that a
contractor 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.
Sec. 2269.154. EVALUATION OF OFFERORS. (a) The governmental entity shall receive, publicly
open, and read aloud the names of the offerors and any monetary proposals made by the offerors. (b) Not later
than the 45th day after the date on which the proposals are opened, the governmental entity shall evaluate and
rank each proposal submitted in relation to the published selection criteria.
Sec. 2269.155. SELECTION OF OFFEROR. (a) The governmental entity shall select the offeror that
submits the proposal that offers the best value for the governmental entity based on:
(1) The selection criteria in the request for proposal and the weighted value for those criteria in the
request for proposal; and (2) its ranking evaluation. (b) The governmental entity shall first attempt to negotiate
a contract with the selected offeror. The governmental entity and its architect or engineer may discuss with the
selected offeror options for a scope or time modification and any price change associated with the modification.
(c) If the governmental entity is unable to negotiate a satisfactory 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. 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.
Page Intentionally Left Blank
PROPOSAL SUBMITTAL FORM
Page Intentionally Left Blank
PROPOSAL SUBMITTAL FORM
PRICE PROPOSAL CONTRACT
DATE: March 22, 2022
PROJECT NUMBER: RFP 22-16456-KM Demolition of Lubbock Business Center
Proposal of Intercon Demolition
called Offeror)
To the Honorable Mayor and City Council City of Lubbock, Texas (hereinafter called Owner)
Ladies and Gentlemen:
(hereinafter
The Offeror, in compliance with your Request for Proposals for the Demolition of Lubbock Business
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.
The price to cover all expenses incurred in performing the work required under the contract documents.
PROPOSED CONSTRUCTION TIME: $645,000.00 Six Hundred Forty Five Thousand Dollars
1. Contractors proposed CONSTRUCTION TIME for completion:
TOTAL CONSECUTIVE CALENDAR DAYS: 150 Days (to Substantial Completion)
TOTAL CONSECUTIVE CALENDAR DAYS: 180 Days (to Final Completion)
(not to exceed 180 consecutive calendar days to Substantial Completion / 210 consecutive calendar days
to Final Completion).
Offeror hereby agrees to commence the work on the above project on a date to be specified in a written "Notice
to Proceed" of the Owner and to substantially complete the project within 180 Consecutive Calendar Days
with final completion within 210 Consecutive Calendar Days as stipulated in the specification and other
contract documents. Offeror hereby further agrees to pay to Owner as liquidated damages in the sum of $500
for each consecutive calendar day after substantial completion and liquidated damages in the sum of $500 for
each consecutive calendar day after final completion set forth herein above for completion of this project, all
as more fully set forth in the General Conditions of the Agreement.
Offeror understands and agrees that this proposal submittal shall be completed and submitted in
accordance with instruction number 28 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. The Offeror
agrees that this proposal shall be good for a period of six 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.
Page Intentionally Left Blank
City of Lubbock
RFP 22-16456-KM
Demolition of Lubbock Business Center
Price Proposal Sheet
Intercon Demolition
Location Lubbock, TX
Total Cost $645,000.00
QTY U/M Unit Extended
# Description (+/-) (+/-) Price Cost
#0-1 Mobilization 1 LS $15,000 $15,000
Demolition of Lubbock Business
#0-2 Center 1 LS $630,000 $630,000
41
Offerors are required, whether or not a payment or performance bond is required, to submit a cashier's
check or certified check issued by a bank satisfactory to the City of Lubbock, or a proposal bond from a reliable
surety company, payable without recourse to the order of the City of Lubbock in an amount not less than five
percent (5%) of the total amount of the proposal submitted as a guarantee that offeror will enter into a contract,
obtain all required insurance policies, and execute all necessary bonds (if required) within ten (10) days after
notice of award of the contract to him.
Enclosed with this proposal is a Cashier's Check or Certified Check Enclosed with
this proposal is a Cashier's Check or Certified Check for
Dollars ($ ) or a Proposal Bond in the sum of Thirty Two Thousand Five Hundred
Dollars ($ 32,500.00 ), which it is agreed shall be collected 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 to Offerors.
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.
(Seal if Offeror is a Corporation)
ATTEST:
VY) A A 644 �ZN` L=
Secr tary
Offeror acknowledges receipt of the following addenda:
Addenda No. 1
Date 03/08/22
Addenda No. 2
Date 03/10/22
Addenda No. 2
Date 03/15/22
Addenda No. 3
Date 03/21 /22
Date: March 22, 2022
Authorized Signature
Brent Bates
(Printed or Typed Name)
Intercon Demolition
Company
3409 Idalou Rd
Address
Lubbock
Lubbock
City,
County
Texas
79403
State
Zip Code
Telephone: 325
665-5102
Fax: -
Email: Cody@intercondemo.com
FEDERAL TAX ID or SOCIAL SECURITY
No.
752144660
AIIWBE Firm: Woman Black American Native American
Hispanic American Asian Pacific American Other (Specify)
INSURANCE REQUIREMENTS
I, the undersigned Bidder certify that the insurance requirements contained in this bid document have been
reviewed by me and my Insurance Agent/Broker. If I am awarded this contract by the City of Lubbock, I will be
able to, within ten (10) business days after being notified of such award by the City of Lubbock, furnish a valid
insurance certificate to the City meeting all of the requirements defined in this bid.
If the time requirement specified above is not met, the City has the right to reject this proposal and award the
contract to another contractor. If you have any questions concerning these requirements, please contact the
Director of Purchasing &Contract Management for the City of Lubbock at (806) 775-2572.
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.
TEXAS GOVERNMENT CODE SECTION 2252.152
The undersigned representative of the undersigned company or business, being an adult over the age of eighteen
(18) years of age, pursuant to Texas Government Code, Chapter 2252, Section 2252.152, certify that the company
named above is not listed on the website of the Comptroller of the State of Texas concerning the listing of
companies that are identified under Section 806.051, Section 807.051 or Section 2253.153. I further certify that
should the above -named company enter into a contract that is on said listing of companies on the website of the
Comptroller of the State of Texas, which do business with Iran, Sudan or any Foreign Terrorist Organization, I
will immediately notify the City of Lubbock Purchasing and Contract Department.
TEXAS GOVERNMENT CODE SECTION 2271.002
Company hereby certifies the following:
1. Company does not boycott Israel; and
2. Company will not boycott Israel during the term of the contract.
The following definitions apply to this state statute:
(1) "Boycott Israel" means refusing to deal with, terminating business activities with, or otherwisd° taking any
action that is intended to penalize, inflict economic harm on, or limit commercial relations specifically 1xith Israel,
or with a person or entity doing business in Israel or in an Israeli -controlled territory, but does not include an
action made for ordinary business purposes; and
(2) "Company" means an organization, association, corporation, partnership, joint venture, limited partnership,
limited liability partnership, or limited liability company, including a wholly owned subsidiary, majority -owned
subsidiary, parent company, or affiliate of those entities or business associations that exists to make a profit.
This Certification is required from a Company if the Company has 10 or more full-time employees and the
contract for goods or services (which includes contracts formed through purchase orders) has a value of
$100,000 or more that is to be paid wholly or partly from public funds of the governmental entity.
TEXAS GOVERNMENT CODE 2274
By entering into this Agreement, Contractor verifies that: (1) it does not, and will not for the duration of the
contract, have a practice, policy, guidance, or directive that discriminates against a firearm entity or firearm
trade association or (2) the verification required by Section 2274.002 of the Texas Government Code does not
apply to the contract.
If Contractor is a company with 10 or more full-time employees and if this Agreement has a value of at least
$100,000 or more, Contractor verifies that, pursuant to Texas Government Code Chapter 2274, it does not have
a practice, policy, guidance, or directive that discriminates against a firearm entity or firearm trade association;
and will not discriminate during the term of the contract against a firearm entity or firearm trade association.
Contractor represents and warrants that: (1) it does not, and will not for the duration of the contract, boycott
energy companies or (2) the verification required by Section 2274.002 of the Texas Government Code does not
apply to the contract.
If Contractor is a company with 10 or more full-time employees and if this Agreement has a value of at least
$100,000 or more, Contractor verifies that, pursuant to Texas Government Code Chapter 2274, it does not boycott
energy companies; and will not boycott energy companies during the term of the Agreement. This verification is
not required for an agreement where a governmental entity determines that these requirements are inconsistent
with the governmental entity's constitutional or statutory duties related to the issuance, incurrence, or
management of debt obligations or the deposit, custody, management, borrowing, or investment of funds.
Agreement Example
Review
This sample Agreement has been reviewed and
(qX is acceptable
( ) is acceptable as noted
Contractor Acknowledgement
In compliance with this solicitation, the undersigned, having examined the solicitation documents,
instructions to offerors, documents associated with the request for proposals, and being familiar with the
conditions to be met has reviewed the above information regarding:
o Insurance requirements
• Suspension and Debarment Certification
• Texas Government Code Section 2252.152
• Texas Government Code Section 2271.002
• Texas Government Code 2274
An individual authorized to bind the company must sign the following section. Failure to execute this portion
may result in proposal rejection.
By signing below, the terms stated have been reviewed and approved.
Company Name: Intercon Demolition
Signed By:
Print Name and Title: Cody Etheredge West Tx Reg. Manager
Date: March 22, 2022
Contractors Statement of Qualifications
Individual contractors and joint ventures submitting a bid must complete the following evaluation information for the
Project. Joint ventures shall be composed of not more than two firms and each firm must complete separate
evaluations. Evaluation information must be submitted at time of bid submittal. Failure to submit the following
Bidder Evaluation information may result in the OWNER considering the bid non -responsive and result in rejection of
the bid by the OWNER. Bidders are to provide any additional information requested by the OWNER.
In evaluating a firm's qualifications, the following major factors will be considered:
A. FINANCIAL CAPABILITY:
For this project, the CONTRACTOR'S financial capability to undertake the project will be determined by the
CONTRACTOR'S ability to secure bonding satisfactory to the OWNER.
Do the organization and key personnel have appropriate technical experience on similar projects?
C. SAFETY:
Does the organization stress and support safety as an important function of the work process?
D. QUALITY OF WORK:
(1) Does the organization have a commitment to quality in every facet of their work - the process as well
as the product?
(2) Does the organization have a written quality philosophy and/or principles that exemplifies their
work? If so, submit as Attachment "A".
(3) Has this organization ever received an award or been recognized for doing "quality" work on a
project? If so, give details under Attachment "A".
E. CONFORMANCE TO CONTRACT DOCUMENTS:
(1) Does the organization have a commitment and philosophy to construct projects as designed and as
defined in the Contract Documents?
The OWNER reserves the right to waive irregularities in determining the firm's qualifications and reserves the right to
require the submission of additional information.
The qualifications of a firm shall not deprive the OWNER of the right to accept a bid, which in its judgement is the
lowest and best bid, to reject any and all bids, to waive irregularities in the bids, or to reject nonconforming, non-
responsive, or conditional bids. In addition, the OWNER reserves the right to reject any bid where circumstances and
developments have in the opinion of the OWNER changed the qualifications or responsibility of the firm.
Material misstatements on the qualifications forms may be grounds for rejection of the firm's bid on this project. Any
such misstatement, if discovered after award of the contract to such firm, may be grounds for immediate termination of
the contract. Additionally, the firm will be liable to the OWNER for any additional costs or damages to the OWNER
resulting from such misstatements, including costs and attorney's fees for collecting such costs and damages.
Complete the following information for your organization:
Page Intentionally Left Blank
Contractor's General Information
Organization Doing Business As
Intercon Demolition
Business Address of Principle Office
1310 Wheelis Rd Wylie, Tx 75098
Telephone Numbers
325-665-5102
Main Number
972-424-2220
Fax Number
Web Site Address
intercondemo.com
Form of Business (Check One)
If a Corporatioii
Date of Incorporation
x I A Corporation A Partnership m Individual
December 1986
State of Incorporation
Texas
Chief Executive Officer's Name
Brent Bates
President's Name
Brent Bates
Vice President's Name(s)
Secretary's Name
Treasurer's Name
Beverly Bates
Date of Organization
State whether partnership is general or
limited
Name
Business Address
previously
Indicatorsorgaiiizatioii
of Organization'
Average Number of Current Full Time Average Estimate of Revenue for the
Employees 35 Current Year 10,000,000
Contractor's Organizational Experience
Organization Doing Business As
Intercon Demolition
Business Address of Regional Office
3409 Idalou Rd. Lubbock, Tx 79403
Name of Regional Office Manager
Cody Etheredge
Telephone Numbers
Main Number
325-665-5102
Fax Number
Web Site Address
in ercon demo.com
List of names that this organization currently, has or anticipates operating under over the history of the organization,
including the names of related companies presently doing business:
Names of Organization
From Date
To Date
List of companies, firms or organizations that own any part of the organization.
Name of companies, firms or organization
Percent Ownership
Coiistructioii • iice
Years experience in projects similar to the proposed project:
As a General Contractor
F 36
As a Joint Venture Partner
Has this or a predecessor organization ever defaulted on a project or failed to complete any work
awarded to it?
n o
If yes provide full details in a separate attachment. See attachment No.
Has this or a predecessor organization been released from a bid or proposal in the past ten years?
no
If yes provide full details in a separate attachment. See attachment No.
Has this or a predecessor organization ever been disqualification as a bidder or proposer by any
local, state, or federal agency within the last five ears?
no
If yes provide full details in a separate attachment. See attachment No.
Is this organization or your proposed surety currently in any litigation or contemplating
litigation?
no
If yes provide full details in a separate attachment. See attachment No.
Has this or a predecessor organization ever refused to construct or refused to provide materials
defined in the contract documents?
no
If yes provide full details in a separate attachment. See attachment No.
Contractor's Proposed Key Personnel
Organization Doing Business As
Intercon Demolition
Proposed i
Provide a brief description of the managerial structure of the organization and illustrate with an organizational cart.
Include the title and names of key personnel. Include this chart at an attachment to this description. See attachment
No.
Brent Bates Owner/President
Tyler Field Lead Estimator
Kevin Nelson Lead Tx Dot Coordinator
Cody Etheredge West Tx Regional Manager
Michelle Oliver Office Manager
Nancy Harris Assistant Office Manager and Safety
Provide a brief description of the managerial structure proposed for this project and illustrate with an organizational
cart. Include the title and names of proposed key personnel and alternates. Include this chart at an attachment to this
description. See attachment No.
Provide information on the key personnel proposed for this project that will provide the following key functions.
Provide information for candidates for each of these positions on the pages for each of these key personnel. Also
provide biographical information for each primary and alternate candidate as an attachment. The biographical
information must include the following as a minimum: technical experience, managerial experience, education and
formal training, work history which describes project experience, including the roles and responsibilities for each
assignment, and primary language. Additional information highlighting experience which makes them the best
candidate for the assignment should also be included.
Role
Primary Candidate
Alternate Candidate
Project Manager
Cody Etheredge
Tyler Field
Pro j ect Superintendent
Steven Shaw
GarySmith
Project Safety Officer
Nancy Harris
Michelle Oliver
Quality Control Manager
Kevin Nelson
Cody Etheredge
If key personnel are to fulfill more than one of the roles listed above, provide a written narrative describing how much
time will be devoted to each function, their qualifications to fulfill each role and the percentage of their time that will
be devoted to each role. If the individual is not to be devoted solely to this project, indicate how time it to be divided
between this project and their other assignments.
Proposed Project Managers
Organization Doing Business As
Name of Individual
Intercon Demolition
Cody Etheredge
Years of Experience as Project Manager
8
Years of Experience with this organization
4
Number of similar projects as Project Manager
5
Number of similar projects in other positions
5
Current Project Assignments
Name of Assignment
Percent of Time Used for
this Project
Estimated Pro j ect
Com letion Date
Tx Dot Right of Way Clearing Lubbock
20%
n/a
City of Lubbock Pump Station #3
30%
May
Reference Contact Information(listing names indicates ap royal to contacting the names individuals as a reference
Name
Taylor Kennedy
Name
ac Allen
Title/ Position
Project Manager
Title/ Position
Project Manager
Organization
Garney Construction
Organization
I einert Construction
Telephone
806-662-7052
Telephone806---790-5745
E-mail
tkennedy arney.com
E-mail
zachallen teinert.com
Project
Uty OT LUMOCKump a ion
Project
I exas I ech Coliseum
Candidate role on
Proj ect
Cody Etheredge
Candidates role
on Project
Cody Etheredge
Name of Individual Tyler Field
Years of Experience as Project Manager
16
Years of Experience with this organization
16
Number of similar projects as Project Manager
75
Number of similar projects in other positions
20
Current Project Assignments
Name of Assignment
Percent of Time Used for
this Project
Estimated Pro j ect
Completion Date
Tx Dot Right of Way Clearing
o
n/a
s
Name
Brian Rhodes
Name
I racy
Farris
Title/ Position
Project Manager
Title/ Position
Project Manager
Organization
R T r,
Organization
Tx Dot
Telephone
817-781-6397
Telephone
713-802-5509
E-mail
BRH0AESgBTGBUlLDS.G0M
E-mail
Tracey. Farris@txdot.gov
Project
Keller ISD
Project
Candidate role on
Project
Tyler Field
Candidate role on
Project
Tyler Field
Proposed Project Superintendent
Organization Doing Business As
Name of Individual
Steven Shaw
Years of Experience as Project Superintendent
22
Years of Experience with this organization
26
Number of similar projects as Superintendent
45
Number of similar projects in other positions
62
Current Project Assignments
Name of Assignment
Percent of Time Used for
this Project
Estimated Project
Completion Date
Haliburton Carrolton Demolition
®
May 15, 2022
Reference Contact Information(listing names indicates ap roval to contacting the names individuals as a reference
Name
Van
Name
Roy Bell
Title/ Position
Operation ManagerTitle/
Position
Project P'lanager
Organization
Pyco Industries
Organization
Lee Lewis Construction
Telephone
806-632-6439
Telephone
806-589-7032
E-mail
E-mail
rbell@leelewis.com
Project
yco Demolition
Project
Monahans ISD
Candidate role on Steven Shaw
Pro' ect
Name of Individual
Candidate role on
Pro' ect
Gary Smith
Steven Shaw
Years of Experience as Project Superintendent
27
Years of Experience with this organization
31
Number of similar projects as Superintendent
60
Number of similar projects in other positions
65
Current Project Assignments
Name of Assignment
Percent of Time Used for
this Pro ect
Estimated Project
Com letion Date
x Dot Rightot Way Clearing
85%
na
Name Scott Barnes
Name
Title/ Position
oce President
Title/ Position
Organization
BTC
Organization
Telephone
817-475-6649
Telephone
E-mail
sbarnes@btcbuilds.com
E-mail
Project
Boswell ISD
Project
Candidate role on
Project
I Gary Smithy
Candidate role on
Project
Proposed Project Safety Officer
Organization Doing Business As
Name of Individual
Intercon Demolition
Nancy Harris
Years of Experience as Project Safety Officer
2
Years of Experience with this organization
2
Number of similar projects as Safety Officer
6
Number of similar projects in other positions
4
Current Project Assignments
Name of Assignment
Percent of Time Used for
this Project
Estimated Project
Completion Date
Intercon Demolition Safety Program
75%
Intercon Demolition Trucking DOT
25%
Reference Contact
Information(listing names indicates ap roval to contacting the names individuals as a reference
Name
Name
Title/ Position
Title/ Position
Organization
Organization
Telephone
Telephone
E-mail
E-mail
Pro' ect
Project
Candidate role on
Pro j ect
Name of Individual
Candidate role on
Project
Michelle Oliver
Years of Experience as Project Safety Officer
4
Years of Experience with this organization
13
Number of similar projects as Safety Officer
10
Number of similar projects in other positions
Current Project Assignments
Name of Assignment
Percent of Time Used for
this Project
Estimated Project
Completion Date
Intercon Demolition Office Manager
100%
Name
Name
Title/ Position
Title/ Position
Or anization
Organization
Telephone
Telephone
E-mail
E-mail
Project
Project
Candidate role on
Project
Candidate role on
Project
Proposed Project Quality Control Manager
Organization Doing Business As
IN!a7meof Individual
Cody Etheredge Same as Project Manager
Years of Experience as Quality Control Manager
Years of Experience with this organization
Number of similar projects as Quality Manager
Number of similar projects in other positions
Current Project Assignments
Name of Assignment
Percent of Time Used for
this Project
Estimated Project
Completion Date
Reference Contact
Information(listing names indicates ap roval to contacting the
names individuals as a reference
Name
Name
Title/ Position
Title/ Position
Organization
Organization
Telephone
Telephone
E-mail
E-mail
Project
Pro' ect
Candidate role on
Pro' ect
Name of Individual
Candidate role on
Project
Tyler Field Same as alt. project manager
Years of Experience as Quality Control Manager
Years of Experience with this organization
Number of similar projects as Quality Manager
Number of similar projects in other positions
Current Project Assignments
Name of Assignment
Percent of Time Used for
this Project
Estimated Project
Completion Date
Name
Name
Title/ Position
Title/ Position
Organization
Or anization
Telephone
Telephone
E-mail
E-mail
Project
Pro j ect
Candidate role on
Project
Candidate role on
Project
Contractor's Project Experience and Resources
Organization Doing Business As
Projects
Provide a list of major projects that are currently underway, or have been completed within the last ten years on
Attachment A
Provide a description of your organizations approach to completing this project to provide best value for the Owner.
Including a description of your approach in the following areas:
l . Contract administration
2. Management of subcontractor and suppliers
3. Time management
4. Cost control
5. Quality management
6. Project site safety
7. Managing changes to the project
8. Managing equipment
9. Meetin HUB / MWBE Partici ation Goal
Provide a list of major equipment ro osed for use on this project. Attach Additional Information if necessary
Equipment Item
Primary Use on Project
Own
will
Buy
Lease
2020 Volvo 380 High Reach Excavator
Demolition Wrecking
yes
2018 Volvo 220 Excavator x 2
Wreckinq, Loading, Cleanup
yes
Trucks
Haul off of demo debris
yes
What work will the organization complete using its own resources?
All
What work does the organization propose to subcontract on thisproject?
none
Contractor's Subcontractors and Vendors
Organization Doing Business As
Provide a list of subcontractors that will provide more than 10 percent of the work based on contract amounts
Name
Work to be Provided
Est. Percent
of Contract
HUB/MWBE
Firm
Provide information on the proposed key personnel, project experience and a description of past relationship and work
ex erience for each subcontractor listed above using the Project Information Forms.
Provide a list of major equipment ro osed for use on this project. Attach Additional Information if ary
Vendor Name
Equipment / Material Provided
Furnish
Only
Furnish
and
Install
HCTB/M
WBE
Firm
Barricades Unlimited
signs, barricades, warnings system
X
10
Attachment A
Current Projects and Project Completed within the last 10 Years
Project Owner
y ot LubbockProject
Name-7-
Pump Station 7
General Description of Project: Demolition of pump station and water tanks with backfill
Project Cost
$1, 300, 000
1Date Project Completed
December 2020
Key Project Personnel
Project Manager
Project Superintendent
Safety Officer
Quality Control
Manager
Naive
Cody Etheredge
Steven Shaw
Nancy Harris
Cody Etheredge
Reference Contact Information (listing names indicates approval to contacting the names individuals as a reference)
Name
Title/ Position
Organization
Telephone
E-mail
Owner
City of Lubbock
Designer
Construction Manager
ayor Kennedy
Project Manager
Garney Construction
806-662-7052
tkenned arne .com
Project Owner
Texas Tech University
Project Name I
^L:
Texas Tech Coliseum and Auditorium
General Description of Project: Demolition and backfill of entire structures
Project Cost
13800,000
Date Project Completed
F August 2019
Key Project Personnel
Project Manager
Project Superintendent
Safety Officer
Quality Control
Manager
Name
Cody Etheredge
Steven Shaw
o Daniel
Dennis Morrow
Reference Contact Information (listing names indicates approval to contacting the names individuals as a reference)
Name
Title/ Position
Organization
Telephone
E-mail
Owner
Texas Tech
Designer
Construction Manager
Zach Allen
Project Manager
Teinert Construction
806-790-5745
zac a en e- inert.com
Project Owner
City of Lubboc TProject
Name
_
50th St Water Tower
General Description of Project: Demolition of Water Tower with backfill
Project Cost
$150,000
Date Project Completed
April 2020
Key Project Personnel
Project Manager
Project Superintendent
Safety Officer
Quality Control
Manager
Name
Cody Etheredge
Steven Shaw
Bo Daniel
Cody Etheredge
Reference Contact Information (listing names indicates approval to contacting the names individuals as a reference)
Name
Title/ Position
Organization
Telephone
E-mail
Owner
City of Lubbock
Designer
Construction Manager
Attachment B
PrniPet Tnfnrmntinn
Project Owner
Project Name
General Description of Project
Budget History Schedule Performance
Amount
% of Bid
Amount
Date
Days
Bid
Notice to Proceed
Change Orders
Contract Substantial Completion Date at Notice to Proceed
Owner Enhancements
Contract Final Completion Date at Notice to Proceed
Unforeseen Conditions
Change Order Authorized Substantial Completion Date
Design Issues
Change Order Authorized Final Completion Date
Total
Actual / Estimated Substantial Completion Date
Final Cost
WO - M
Actual / Estimated Final Completion Date
0 M
Project Manager Project Sup Safety Officer Quality Control Manager
Name
Percentage of Time Devoted to the Project
Proposed for this Project
Did Individual Start and Complete the Project?
If not, who started or completed the project in their place.
Reason for change.
Name Title/ Position Organization
Telephone
E-mail
Owner
Designer
Construction Manager
Surety
• • •
IRA
Number of Issues Total Amount involved in Number of Issues
Resolved Resolved Issues Pendin
Lj
Total Amount involved in
Resolved Issues
Page Intentionally Left Blank
City of Lubbock, TX
Purchasing and Contract Management
Safety Record Questionnaire
The City of Lubbock City Council desires to avail itself of the benefits of Section 252.0435 of the Local Government
Code, and consider the safety records of potential contractors prior to awarding 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
four (4) 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?
;l
YES NO
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.
QUESTION 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
Z�!'-
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.
UESTION 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?
1.7
YES NO 7�f
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.
UESTION FOUR
Provide yo� 96ompany's Experience Modification Rate and supporting information:
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
rej ected.
�� /-
m Signature 61
West Texas Regional Manager
Title
STATE OF TEXAS
LUBBOCK COUNTY
Cody Etheredge of Intercon Demolition being first duly sworn, on his/her oath, says that the
bid above submitted is a genuine and not a sham or collusive bid, or made in the interest or on behalf of any
person not therein named; and s/he further says that the said respondent has not directly induced or solicited any
firm on the above work or supplies to put in a sham , or any other person or corporation to refrain from a statement
of qualifications; and that said firm has not in any manner sought by collusion to secure to self an advantage over
any other firm or firms.
Intercon Demoltion
Firm
Cody Etheredge
Name
S i d at�.re _.
West Texas Regional Manager
Title
Subscribed and sworn to before me this 22nd
day of March 2022
Notar Publi ,_�'� � �ir;,
k.; ,T ,� No
yp p3. + b gg
STATE OF TEYAS
My Commission Expires: � ®` � ��
ti!H 6��.9, �:,°�0a3�e +�li� C`;?��'P'i67i_ Exp Ncv. 1 d , 02
NOTE: THIS FORM MUST BE COMPLETED AND INCLUDED IN WITH THE SUBMISSION
1
Page Intentionally Left Blank
1.
2.
3.
4.
5.
6.
7.
8.
9.
10.
11.
12.
13.
14.
15.
16.
PROPOSED LIST OF SUB -CONTRACTORS
Company Name
No subs to be used
N/A
Location Services Provided
Minority Owned
Yes No
❑ ❑
❑ ❑
❑ ❑
❑ ❑
❑ ❑
❑ ❑
❑ ❑
❑ ❑
❑ ❑
❑ ❑
❑ ❑
THIS FORM SHALL BE COMPLETED AND RETURNED ALONG WITH YOUR
RESPONSE
IF NO SUB -CONTRACTORS WILL BE USED PLEASE INDICATE SO
SUBMITTED BY:
Cody Etheredge Intercan Demolition
(PRINT NAME OF COMPANY)
Page Intentionally Left Blank
POST -CLOSING DOCUMENT REQUIREMENTS
The below -listed document must be received in the Purchasing and Contract Management Office
Not Later Than SEVEN BUSINESS DAYS after the close date when responses are due.
FINAL LIST OF SUB -CONTRACTORS
Page Intentionally Left Blank
FINAL LIST OF SUB -CONTRACTORS
Minority Owned
Company Name
Location Services Provided Yes No
1.
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2.
° °
3.
° °
4.
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5.
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13.
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16.
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SUBMITTED BY:
(PRINT NAME OF COMPANY)
THIS FORM SHALL BE COMPLETED AND RETURNED NOT LATER THAN SEVEN
BUSINESS DAYS AFTER THE CLOSE DATE WHEN RESPONSES ARE DUE
IF NO SUB -CONTRACTORS WILL BE USED PLEASE INDICATE SO
Pate Intentionally Left Blank
PAYMENT BOND
Page Intentionally Left Blank
STATUTORY PAYMENT BOND PURSUANT TO SECTION 2253.021(a)
OF THE TEXAS GOVERNMENT CODE
(CONTRACTS MORE THAN $50,000)
KNOW ALL MEN BY THESE PRESENTS, that Intercon Demolition. (hereinafter called the Principal(s), as
Principal(s), and
(hereinafter called the Surety(s), as Surety(s), are held and firmly bound unto the City of Lubbock (hereinafter
called the Obligee), in the amount of Six Hundred and Forty -Five Thousand Dollars ($645,000.00) lawful
money of the United States for the payment whereof, the said Principal and Surety bind themselves, and their
heirs, administrators, executors, successors and assigns, jointly and severally, firmly by these presents.
WHEREAS, the Principal has entered into a certain written contract with the Obligee, dated 121h day of
April, 2022, to RFP 22-16456-KM Demolition of Lubbock Business Center
and said Principal under the law is required before commencing the work provided for in said contract to execute
a bond in the amount of said contract which contract is hereby referred to and made a part hereof as fully and to
the same extent as if copied at length herein.
NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the said Principal
shall pay all claimants supplying labor and material to him or a subcontractor in the prosecution of the work
provided for in said contract, then, this obligation shall be void; otherwise to remain in full force and effect;
PROVIDED, HOWEVER, that this bond is executed pursuant to the provisions of Section 2253.021(a) of
the Texas Government Code, and all liabilities on this bond shall be determined in accordance with the provisions
of said Article to the same extent as if it were copied at length herein.
IN WITNESS WHEREOF, the said Principal (s) and Surety (s) have signed and sealed this instrument
this day of
Surety
By:
(Title)
2022.
(Company Name)
By:
(Printed Name)
(Signature)
(Title)
Page Intentionally Left Blank
The undersigned surety company represents that it is duly qualified to do business in Texas, and hereby
designates an agent resident in Lubbock County to whom any requisite notices may be
delivered and on whom service of process may be had in matters arising out of such suretyship.
Surety
* By:
Approved as to form:
City of Lubbock
By:
City Attorney
(Title)
* Note: If signed by an officer of the Surety Company there must be on file a certified extract from the by-laws
showing that this person has authority to sign such obligation. If signed by an Attorney in Fact, we must have
copy of power of attorney for our files.
Page Intentionally Left Blank
PERFORMANCE BOND
Page Intentionally Left Blank
STATUTORY PERFORMANCE BOND PURSUANT TO SECTION 2253.021(a)
OF THE TEXAS GOVERNMENT CODE
(CONTRACTS MORE THAN $100,000)
KNOW ALL MEN BY THESE PRESENTS, that Intercon Demolition. (hereinafter called the Principal(s), as
Principal(s), and
(hereinafter called the Surety(s), as Surety(s), are held and firmly bound unto the City of Lubbock (hereinafter
called the Obligee), in the amount of Six Hundred and Forty -Five Thousand Dollars ($645,000.00) lawful
money of the United States for the payment whereof, the said Principal and Surety bind themselves, and their
heirs, administrators, executors, successors and assigns, jointly and severally, firmly by these presents.
WHEREAS, the Principal has entered into a certain written contract with the Obligee, dated 121h day of
April, 2022, to RFP 22-16456-KM Demolition of Lubbock Business Center
and said principal under the law is required before commencing the work provided for in said contract to execute
a bond in the amount of said contract which contract is hereby referred to and made a part hereof as fully and to
the same extent as if copied at length herein.
NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the said Principal
shall faithfully perform the work in accordance with the plans, specifications and contract documents, then this
obligation shall be void; otherwise to remain in full force and effect.
PROVIDED, HOWEVER, that this bond is executed pursuant to the provisions of Section 2253.021(a) of
the Texas Government Code, and all liabilities on this bond shall be determined in accordance with the provisions
of said article to the same extent as if it were copied at length herein.
IN WITNESS WHEREOF, the said Principal (s) and Surety (s) have signed and sealed this instrument
this day of 52022.
Surety
* By:
(Title)
(Company Name)
By:
(Printed Name)
(Signature)
(Title)
Pate Intentionally Left Blank
The undersigned surety company represents that it is duly qualified to do business in Texas, and hereby
designates an agent resident in Lubbock County to whom any requisite
notices may be delivered and on whom service of process may be had in matters arising out of such suretyship.
Surety
*By:
(Title)
Approved as to Form
City of Lubbock
By:
City Attorney
* Note: If signed by an officer of the Surety Company, there must be on file a certified extract from the by-laws
showing that this person has authority to sign such obligation. If signed by an Attorney in Fact, we must have
copy of power of attorney for our files.
Page Intentionally Left Blank
United Fire Groups
IMPORTANT NOTICE
TO OBTAIN INFORMATION OR MAKE A COMPLAINT:
United Fire & Casualty Company
United Life Insurance Company
Addison Insurance Company
Lafayette Insurance Company
United Fire & Indemnity Company
United Fire Llovd
You may call United Fire & Casualty Company's toll free telephone number for information or
to make a complaint at:
800-343-9130
You may also write to United Fire & Casualty Company at:
United Fire & Casualty Company
Attn: Bond Department
P.O. Box 73909
Cedar Rapids, IA 52407-3909
-or street address -
United Fire & Casualty Company
Attn: Bond Department
118 Second Avenue SE
Cedar Rapids, IA 52401
You may contact the Texas Department of Insurance to obtain information on companies,
coverages, rights or complaints at:
800-252-3439
You may write the Texas Department of Insurance at:
P.O. Box 149104
Austin, TX 78714-9104
ATTACH THIS NOTICE TO YOUR BOND. This notice is for information only and does not
become a part or a condition of the attached document and is given to comply with Section
2253.48, Governmental Code, and Section 53-202, Property Code, effective September 1, 2001.
BOND0012 0901
HOME OFFICE: 118 Second Ave. SE, PO Box 73909, Cedar Rapids, IA 52407-3909 Phone: 319-399-5700 FAX: 319-399-5425
Bid Bond
SURETY DEPARTMENT
Conforms with the American Institute of
Architects, A.I.A Documents No. A-310
KNOW ALL MEN BY THESE PRESENTS,
That we, Intercon Construction Company, Inc. dba Intercon Demolition as Principal hereinafter called the Principal, and
United Fire & Casualty Company a corporation created and existing under the laws of the State of Iowa whose principal office
is in Cedar Rapids, IA as Surety, hereinafter called the Surety, are held and firmly bound unto City of Lubbock Purchasing
Department as Obligee, hereinafter called the Obligee,
in the sum of Five Percent of the Greatest Amount Bid Dollars (5% GAB) for the payment of which sum, well and truly to
be made, the said Principal and the said Surety, bind ourselves, our heirs, executors, administrators, successors and assigns, jointly
and severally, firmly by these presents
Whereas, the Principal has submitted a bid for RFP 22-16456- KM, Demolition of Lubbock Business Center
NOW, THEREFORE, if the Obligee shall accept the bid of the Principal and the Principal shall enter into a contract with the
Obligee in accordance with the terms of such bid, and give such bond or bonds as may be specified in the bidding or contract
documents with good and sufficient surety for the faithful performance of such contract and for the prompt payment of labor and
material furnished in the prosecution thereof, or in the event of the failure of the Principal to enter such contract and give such
bond or bonds, if the Principal shall pay to the Obligee the difference not to exceed the penalty hereof between the amount
specified in said bid and such larger amount for which the Obligee may in good faith contract with another party to perform the
work covered by said bid, then this obligation shall be null and void, otherwise to remain in full force and effect
Signed and sealed this 22nd day of March, 2022
Intercon Construction Company, Inc. dba Intercon Demolition
(Principal)
p9� r
By -� (SEAL)
United Fire & Casualty Company
(Surety)
By ; (SEAL)
Robert G. Kanuth, Attorney -in -fact
�.. .- .. _ - - a � .. 1 ram: .• 'j`�, ��� _ �.
% uiries: Surer
'LINFIT.D11 k1::'1' & CA S'LJAL'FY* C(WPANY.. CE.1).&R RAP113S, 1A I.nq 1. y Departineat
.1 ANY, WEB ST EIZ., T X ve S"
I.W.111) FIRE & T.N1)EMNJYC()TA*P 1, .118 Second A E
XK1.11N, (,A,
FWANCIA1.,YACIFIC INSIJR�k.NCE COMPANYL, M, Cedar Rapids,'[A 52401.
I. M.Y
INSU -NUEZ-•Cf*.'R"l'.'11'"1'1':..1*)(',"('.)P'Y(*)]"'Ill(")W']::.,I.(".)'['A""'I"(")R' 1' "''
(orIgin.al on, fifle at, lion.-I-e ()ffice of Con.-I.Pany — See Ce.11j.-fication)
KN0-W A1.1., P1 RS()NSJ3Y'1T1*1:11'SE Fi•re & Casualty Cotri.pany, ar corplaration. duty ar&uani-zed atidexisfing under tlie lavvis
of -the State of Iowa; thifted 'Fire & Inden.i.nity, Company, a co-q.)o-ration dutv organized and exis-ting wider -the laws. of-flie State of'rexas; and
1"in(ancial Pacific 1.1.1suranec Company, a Cor.jd.).n",1fioj..1 (Itilly organized and exisfing un&,,r ofCalitbrnfia (here. in. collec-tively called
the Coiiipaiiies),. mid haviiig their corporate headquartersz, hi Cedar Riapid.s, State of Iowa, doc-s-, iiiake,. colistitute. -M.1d al.alvint
JEREMY BARNETT, MISTIE BECK, TONY FIERRO, JAYJORDAN, ROBERT G. KANUTH, JOHNNY MOSS, JADE PORTER,
JARRETT WILLSON, ROBE J. SHUYA, JACK TT A, EACH INDIVIDUALLY
(he'.11, true and lawful A ttua-lev Fact widi power and b
aud-writy-Wc eby conferred to sical. an.d exec
ute iri its behalf all lawful o.-nds,.,
undertakaings gaud other obfiga6ry instruments" of's-imilar nature prov'.1ided tha"'t no single obligation exceed $25, 000,000.00
land to bin.d flic Con.i.-I.Nanies thereby as ffilly and to the sanie ex-tei.it as ifstich were signed by the difly autbarized o-fikers oft.b.e (",om.-panies
and all oftheaas of said Atiorney,pursuam. to flie authori-ty, hereby given iand her c�by ra-tified as canfirnied.
1`he A titharity hevby gran-ted is continuous and shall r maain in ffill furce and effect until revoked by t.Jifited 17'ire & Casualty C.oi-npiuly, 1.1111ted I" ire &
hideuuaiy- Cumpa.13y, an.d Finaucial Pacific Insurance Cornpariv.
71"his 11mver of'Attorney Istuade 4and to and by auttio-rity ofth.e -followilig byi.aw duly ,ado�pte(l (Y.ti May 1.5, 2013, by tlie floards ot
Directors of T.Iu.ited Fire, & Castialty & ludert).n.ity Cotripan:y, -and Financial Pacific Ins-unatice Con:ipanv,
""Miele. Val — Sutvty'Bowlss awl I.` n. d P r t a k H* Igs
Section 2") Appoin-linexit of Atioracy-in-Fact. "The President c�r any Vice or 'my other officerorthe Comp)anies, may :'j-oni tinic to tinie, appoint by writu"n
to a.ct itl bellal f of tile cornpanies, in fhe Guicution ofpoficie�.-, of bonds, and oiher obfitgtw.ly in sarlanellis (41ilke lvature,
'11e sii, givature of at.iv officer aufl.iorizc-d h(-rcby, t,�aid the Coiporate- scal., tna- IN.
v ybeaffi t. either be.-rehy; �ucli signatu.re and, seat, wlien �o tKcld, beirig adol)i6l by t1le Companiet,,, �vhe original �;iy -ure ofk;uxb ofticer and ilie oiigirml seal. offlie v plat
Compallies, to be v4fid. and binding t�pon the Companies Nvith the sa-111C ft)rcc -and offect as i1iough marrually affixed. Such atto.,meys-in-fact, stib.icct to the ffinitation'.." set of
forth in their re...'-'Pective cailiflicates, of auflioiity shall have fiull powet, to bind t.lie C oln, Pant es by their �.,,ignaturu, atid ,A.'. .A of"any .-,uch ill S, -aild u.) att-acli the -Neal
.1
the Comint-nies tlwreto. 'Flee Prusident or any Vice President, the,Board ofl)i.rectors. or any udv�n- officer 017the CuIIII)anies may at iuky time revoke all power and authority
Pre viou-slygiven u.) any aao.nicy,.hiAbc-t.
% INWI`FNE�SS W11*1:*:'R1,X*AZ1) the COMPANLES have each caused these .presents to be signed by it,,s
v4den.-L, co.11. orate secil to be heivto affix ed. -is
cc 1.ii s and i N S vi
-0. 26th day of February, 2015
- Z! 44' CX)RTICHMA111 t� C0R110Rvn.,.
&
P
TJN*1111) FIR1 & IND EMN11 TY' COM PAN Y"
0�--, Z*
V1
"zlF
4
. . 'N'Cl 1, PACIFIC INSI.-TRANCE COMPANY
IN.A.- A..
By :
State of Iowa, County of'Linn, ss, Vice Presiduit
On 26th day of February, 2015, before me personally came Dennis J. Richmann
to ine known.,who being ley me duy sworii, did do ose and say; that lie resides -in Cedkirlkapids, State of Iowa; diat he is a Vice President oftJitit e'd I" ire
& Casualty Cornj)�,,uiv, a Vice President of thiit-ed l'ire & Indernni-ty Cornpany, and as Vice Paelfic hisurmiceConipany die
coilvrations desciibed in and which executed. the above instrunient, that he kuows the fszieal of sail cotIvrations; thatthe seal affixed to the said.
-b-I'Struateal is suc-11 col lviate seal, t1lat it was So 1_1.11.ixe(l pt"Irsualra U.) atithority given by the'Boai-d of 13ircciors of said coqvi.-atioris �in.d ttlat 1.w si.gnext his
natue thereto pursmiant,to like iautbo-idty, and acknowledges wane to be ttie act and. deed ofsaid ca-.�po-,naions.
Patti Waddell
ac,
Commission numt>er 7-1.3.274
Iowa Notadal Seat
ol A.
My Commission Expires 10126
My canimissk)-nexfivs,� 101,2022
12022
................... ........ ................................... ........... ................. V26 "W
1, Mai-y -A., Bwskh, jk ssistant Secrewy of 13nited Fire & Casualty Con-t1vany ai.id Assistarlt Secretary of T.Jruited Fire & Indemnity Conq.xany, and Assistant
secretaq 0, ff'ftuan..cial P-aci-fic Insurance do hereby ccrtily tlutt I Nave compared. tlw tbregoing copy of Power ofAtton.i.ev aud affidavit, and
0 11 01
-the copy of the Sectio-ii 4 .-,
the byla\vs aud re. solu.-tions of sald Corporation.s as set tbrfl.i in said Power of A tto-rliey, witb. the ()R.16' 1'NA1.S (),N1 1*'lL,1..,.' N HE"
14CME 01TIC1.1. OF SAID CORPOIZATIONS, and that -the sanie a:re correct trwiscrij...)ts tb.ereof., arid offlie whole ofthe said on inals, and that -the said,
Power of Attwivy.has not been revoked and is now in full. force a-1.1d
Dill
this 22nd day ()f March 22
V. `74*el
.......
7Z
y 22 1?
V=.
13y: A
h"4
(go"
"...; I j
A ssistan.t Secretary,
4"1 1T&C &'IJF&I & H-11C
Page Intentionally Left Blank
CERTIFICATE OF INSURANCE
Pate Intentionally Left Blank
CERTIFICATE OF INSURANCE
TO: CITY OF LUBBOCK DATE:
P.O. BOX 2000, Room 204
LUBBOCK, TX 79457 TYPE OF PROJECT:
THIS IS TO CERTIFY THAT (Name and Address of Insured) is, at the date of this certificate,
insured by this Company with respect to the business operations hereinafter described, for the typed of insurance and in accordance with the provisions
f the standard policies used by this company, the further hereinafter
described. Exceptions to standard policy noted hereon.
TYPE OF INSURANCE
POLICY NUMBER
EFFECTIVE
EFFECTIVE
LIMITS
DATE
DATE
GENERAL LIABILITY
❑ Commercial General Liability
General Aggregate $
❑ Claims Made
Products-Comp/Op AGG $
❑ Occurrence
Personal & Adv. Injury $
❑ Owner's & Contractors Protective
Each Occurrence $
❑
Fire Damage (Any one Fire) $
Med Exp (Any one Person)
$
AUTOMOTIVE LIABILITY
❑ Any Auto
Combined Single Limit $
❑ All Owned Autos
Bodily Injury (Per Person) $
❑ Scheduled Autos
Bodily Injury (Per Accident) $
❑ Hired Autos
Property Damage $
❑ Non -Owned Autos
GARAGE LIABILITY
❑ Any Auto
Auto Only - Each Accident $
❑
Other than Auto Only:
Each Accident $
Aggregate $
❑ BUILDER'S RISK
❑ 100% of the Total Contract Price
$
❑ INSTALLATIONFLOATER
$
EXCESS LIABILITY
❑ Umbrella Form
Each Occurrence $
Aggregate $
❑ Other Than Umbrella Form
$
WORKERS COMPENSATION AND
EMPLOYERS' LIABILITY
The Proprietor/ ❑ Included
Statutory Limits
Partners/Executive ❑ 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
MUST BE SENT TO THE CITY OF LUBBOCK
(Name of Insurer)
By:
Title:
The Insurance Certificates Furnished shall name the City of Lubbock as Additional Insured on Auto General
Liability and provide a Waiver of Subrogation in favor of the City of Lubbock. IT SHALL BE THE CONTRACTOR'S.
THE ADDITIONAL INSURED ENDORSEMENT SHALL INCLUDE PRODUCTS AND COMPLETE OPERATIONS.
CONTRACTORCHECKLIST
A CONTRACTOR SHALL:
(1) provide coverage for its employees providing services on a project, for the duration of the project based on
proper reporting of classification codes and payroll amounts and filling of any coverage agreements;
(2) provide a certificate of coverage showing workers' compensation coverage to the governmental entity prior
to beginning work on the project;
(3) provide the governmental entity, prior to the end of the coverage period, a new certificate of coverage
showing extension of coverage, if the coverage period shown on the contractor's current certificate of
coverage ends during the duration of the project;
(4) obtain from each person providing services on a project, and provide to the governmental entity:
(A) a certificate of coverage, prior to that person beginning work on the project, so the governmental
entity will have on file certificates of coverage showing coverage for all persons providing services
on the project; and
(B) no later than seven days after receipt by the contractor, a new certificate of coverage showing
extension of coverage, if the coverage period shown on the current certificate of coverage ends
during the duration of the project;
(5) retain all required certificates of coverage on file for the duration of the project and for one year thereafter;
(6) notify the governmental entity in writing by certified mail or personal delivery, within ten (10) days after
the contractor knew or should have known, of any change that materially affects the provision of coverage
of any person providing services on the project;
(7) post a notice on each project site informing all persons providing services on the project that they are
required to be covered, and stating how a person may verify current coverage and report failure to provide
coverage. This notice does not satisfy other posting requirements imposed by the Act or other commission
rules. This notice must be printed in at least 19-point normal type, and shall be in both English and Spanish
and any other language common to the worker population. The text for the notices shall be the following
text provided by the commission on the sample notice, without any additional words or changes:
PROOF OF COVERAGE SHALL BE FURNISHED TO THE CITY OF LUBBOCK IN THE FORM
OF A CERTIFICATE OF INSURANCE. THE INSURANCE CERTIFICATES FURNISHED
SHALL NAME THE CITY OF LUBBOCK AS ADDITIONAL INSURED ON AUTO/GENERAL
LIABILITY ON A PRIMARY AND NON-CONTRIBUTORY BASIS TO INCLUDE PRODUCTS
OF COMPLETE OPERATIONS. PROVIDE A WAIVER OF SUBROGATION IN FAVOR OF
THE CITY OF LUBBOCK. IT SHALL BE THE CONTRACTOR'S RESPONSIBILITY TO
PROVIDE TO THE OWNER ALL PROOF OF COVERAGE INSURANCE DOCUMENTS
INCLUDING WORKERS COMPENSATION COVERAGE FOR EACH SUBCONTRACTOR.
COPIES OF THE ENDORSEMENTS ARE REQUIRED.
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 and
materials, or providing labor or transportation or other service related to the project, regardless of the identity of their
employer or status as an employee."
"Call the Texas Workers' Compensation Commission at 512-305-7238 to receive information on the legal requirement for
coverage, to verify whether your employer has provided the required coverage, or to report an employer's failure to provide
coverage." and contractually require each person with whom it contracts to provide services on a project, to:
(A) provide coverage based on proper reporting of classification codes and payroll amounts and filing
of any coverage agreements for all of its employees providing services on the project, for the
duration of the project;
(B) provide a certificate of coverage to the contractor prior to that person beginning work on the project;
(C) 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:
(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;
(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 (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
(G) contractually require each other person with whom it contracts, to perform as required by
paragraphs (A) - (H), with the certificate of coverage to be provided to the person for whom they
are providing services.
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.
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CONTRACT
Page Intentionally Left Blank
I
Contract 16456
STATE OF TEXAS
COUNTY OF LUBBOCK
THIS AGREEMENT, made and entered into this 121 day of April, 2022 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 Intercon Demolition. of the City of Lubbock, County of Lubbock and the State
of Texas hereinafter termed CONTRACTOR.
WITNESSETH: That for and in consideration of the payments and agreements hereinafter mentioned, to be made and
performed by the OWNER and under the conditions expressed in the bond bearing even date herewith (if any) the
CONTRACTOR hereby agrees with OWNER to commence and complete the construction of certain improvements
described as follows:
RFP 22-16456-KM Demolition of Lubbock Business Center
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. Intercon Demolition's proposal dated March 22, 2022, 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 agr ent in Lubbock, Lubbock County,
Texas in the year and day first above written.
CONTRACTOR: CITY LUB O , TEXAS (OWNER):
Intercon o ' ion By:
Daniel M. Pope, Mayor
By: ATTEST:
PRINTED NAME:
TITLE: 76 Q &,
Rebe ca Garza, City Secretary
COMPLETE ADDRESS: AP RO V,D�ASTOCO TNT:
Intercon Demolition
3409 Idalou Rd Facilities Representative
Lubbock, TX 79403 T� 64
ZZ
ATTEST: Name (Printed) D to
AP ROVED AS TO WRM:
4
Corporate Secretary
WtAUA-Z—
Kelli Leisure, Assistant City Attorney
Page Intentionally Left Blank
GENERAL CONDITIONS OF THE AGREEMENT
Page Intentionally Left Blank
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 Intercon Demolition who has agreed to perform the work embraced in
this contract, or their legal representative.
OWNER'S REPRESENTATIVE
Whenever the word Owner's Representative or representative is used in this contract, it shall be understood as
referring to, City of Lubbock, or its representative Tommy Carpenter Jr, Asbestos Coordinator, Building
Services 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.
SUBCONTRACTOR
The term Subcontractor, as employed herein, includes only those having a direct contract with the Contractor for
performance of work on the project contemplated by these contract documents. Owner shall have no
responsibility to any Subcontractor employed by Contractor for performance of work on the project contemplated
by these contract documents, but said Subcontractors will look exclusively to Contractor for any payments due
Subcontractor. 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.
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 ten 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
The Contractor is responsible for construction layout based on the control provided in the construction documents.
All lines and grades shall be furnished whenever Owner's Representative (as distinguished from Resident Project
Representative(s)) 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.
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 (as distinguished from Resident Project Representative(s))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 distinguished from Resident Project
Representative, 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.
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 person or persons on the work, are, in Owner's Representative's sole opinion,
incompetent, unfaithful, disorderly, or otherwise unacceptable to Owner or Owner's Representative, such person or
persons 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 workers 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.
f►.�I�Y��ill11_ I�1 [phi
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 Contractor is responsible for construction quality control testing, cost, and reporting of the type and extent
required by the contract documents. 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. 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.
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 in Paragraph 23.
It is agreed that the Contractor shall perform all extra work under the observation of the Owner's Representative
when presented with a written work order signed by the Owner's Representative; subject, however, to the right of
the Contractor to require written confirmation of such extra work order by the Owner. It is also agreed that the
compensation to be paid to the Contractor for performing said extra work shall be determined by the following
methods:
Method (A) - By agreed unit prices; or
Method (B) - By agreed lump sum; or
Method (C) - If neither Method (A) or Method (B) be agreed upon before the extra work is commenced,
then the Contractor shall be paid the lesser of the following: (1) actual field cost of the
extra work, plus fifteen (15%) percent to the firm actually performing the work, and
additional higher -tier markups limited to 5% to cover additional overhead and insurance
costs; 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, as
estimated by the Engineer and approved by the Owner..
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 workers, 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. In the absence of a
requested clarification for a conflict in the documents prior to proposals being reviewed, it will be assumed
that the Contractor proposes the higher cost alternative on conflicts identified after proposals are reviewed.
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 Engineer
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.
PROOF OF COVERAGE SHALL BE FURNISHED TO THE CITY OF LUBBOCK IN THE
FORM OF A CERTIFICATE OF INSURANCE. THE INSURANCE CERTIFICATES
FURNISHED SHALL NAME THE CITY OF LUBBOCK AS ADDITIONAL INSURED ON
AUTO/GENERAL LIABILITY ON A PRIMARY AND NON-CONTRIBUTORY BASIS TO
INCLUDE PRODUCTS OF COMPLETE OPERATIONS. PROVIDE A WAIVER OF
SUBROGATION IN FAVOR OF THE CITY OF LUBBOCK. IT SHALL BE THE
CONTRACTOR'S RESPONSIBILITY TO PROVIDE TO THE OWNER ALL PROOF OF
COVERAGE INSURANCE DOCUMENTS INCLUDING WORKERS COMPENSATION
COVERAGE FOR EACH SUBCONTRACTOR. COPIES OF THE ENDORSEMENTS ARE
REQUIRED.
A. Commercial General Liability Insurance (Primary Additional Insured and Waiver of Subrogation required)
The contractor shall have Comprehensive General Liability Insurance with limits of $1,000,000 Combined
Single Limit in the aggregate and $1,000,000 per occurrence to include:
Products & Completed Operations Hazard
Contractual Liability
Personal Injury & Advertising Injury
Fire Damage (Any one Fire)
Med Exp (Any one Person)
w/Heavy Equipment
XCU
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, $1,000,000 Combined Single Limit per occurrence, 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 (Primary Additional Insured and Waiver of Subrogation required)
The Contractor shall have Umbrella Liability Insurance in the amount of $4,000,000 on all contracts with
coverage to correspond with Comprehensive General Liability and Comprehensive Automobile Liability
coverage's.
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 $1,000,000
1. Definitions:
Certificate of coverage ("certificate") - A copy of a certificate of insurance, a certificate of authority
to self -insure issued by the commission, or a coverage agreement (TWCC-81, TWCC-82, TWCC-
83, or TWCC-84), showing statutory workers' compensation insurance coverage for the person's or
entity's employees providing services on a project, for the duration of the project.
Duration of the project - includes the time from the beginning of the work on the project until the
Contractor's/person's work on the project has been completed and accepted by the governmental
entity.
Persons providing services on the project ("subcontractor" in Section 406.096, Texas Labor Code)
- includes all persons or entities performing all or part of the services the Contractor has undertaken
to perform on the project, regardless of whether that person contracted directly with the Contractor
and regardless of whether that person has employees. This includes, without limitation,
independent contractors, subcontractors, leasing companies, motor carriers, owner -operators,
employees of any such entity, or employees of any entity which furnishes persons to provide
services on the project. "Services" include, without limitation, providing, hauling, or delivering
equipment or materials, or providing labor, transportation, or other service related to a project.
"Services" does not include activities unrelated to the project, such as food/beverage vendors, office
supply deliveries, and delivery of portable toilets.
2. The Contractor shall provide coverage, based on proper reporting of classification codes and
payroll amounts and filing of any coverage agreements, which meets the statutory requirements of
Texas Labor Code, Section 401.011(44) for all employees of the contractor providing services on
the project, for the duration of the project.
The Contractor must provide a certificate of coverage to the governmental entity prior to being
awarded the contract.
4. If the coverage period shown on the Contractor's current certificate of coverage ends during the
duration of the project, the Contractor must, prior to the end of the coverage period, file a new
certificate of coverage with the governmental entity showing that coverage has been extended.
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.
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.
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.
The Contractor shall contractually require each person with whom it contracts to provide services
on the project, to:
(a) provide coverage, based on proper reporting of classification codes and payroll amounts
and filing of any coverage agreements, which meets the statutory requirements of Texas
Labor Code, Section 401.011(44) for all of its employees providing services on the project,
for the duration of the project;
(b) provide to the Contractor, prior to that person beginning work on the project, a certificate
of coverage showing that coverage is being provided for all employees of the person
providing services on the project, for the duration of the project;
(c) provide the Contractor, prior to the end of the coverage period, a new certificate of
coverage showing extension of coverage, if the coverage period shown on the current
certificate of coverage ends during the duration of the project;
(d) obtain from each other person with whom it contracts, and provide to the Contractor:
(1) a certificate of coverage, prior to the other person beginning work on the project;
and
(2) a new certificate of coverage showing extension of coverage, prior to the end of
the coverage period, if the coverage period shown on the current certificate of
coverage ends during the duration of the project;
(e) retain all required certificates of coverage on file for the duration of the project and for one
year thereafter;
(f) notify the governmental entity in writing by certified mail or personal delivery, within 10
days after the person knew or should have known, of any change that materially affects the
provision of coverage of any person providing services on the project; and
(g) contractually require each person with whom it contracts to perform as required by
paragraphs (a) - (g), with the certificates of coverage to be provided to the person for whom
they are providing services.
10. By signing this contract or providing or causing to be provided a certificate of coverage, the
Contractor is representing to the governmental entity that all employees of the Contractor who will
provide services on the project will be covered by worker's compensation coverage for the duration
of the project, that the coverage will be based on proper reporting of classification codes and payroll
amounts, and that all coverage agreements will be filed with the appropriate insurance carrier or,
in the case of a self -insured, with the commission's Division of Self -Insurance Regulation.
Providing false or misleading information may subject the Contractor to administrative penalties,
criminal penalties, civil penalties, or other civil actions.
11. The Contractor's failure to comply with any of these provisions is a breach of contract by the
Contractor which entitles the governmental entity to declare the contract void if the Contractor does
not remedy the breach within ten days after receipt of notice of breach from the governmental
entity.
G. Proof of Coverage
Before work on this contract is commenced, each Contractor and subcontractor shall submit to the Owner
for approval five Certificates of Insurance covering each insurance policy carried and offered as evidence
of compliance with the above insurance requirements, signed by an authorized representative of the
insurance company setting forth:
(1) The name and address of the insured.
(2) The location of the operations to which the insurance applies.
(3) The name of the policy and type or types of insurance in force thereunder on the date borne by such
certificate.
(4) The expiration date of the policy and the limit or limits of liability thereunder on the date borne by
such certificate.
(5) A provision that the policy may be canceled only by mailing written notice to the named insured at
the address shown in the proposal specifications.
(6) A provision that written notice shall be given to the City ten days prior to any change in or
cancellation of the policies shown on the certificate.
(7) The certificate or certificates shall be on the form (or identical copies thereof) contained in the job
specifications. No substitute of nor amendment thereto will be acceptable.
(8) If policy limits are paid, new policy must be secured for new coverage to complete project.
(9) A Contractor shall:
(a) provide coverage for its employees providing services on a project, for the duration of the
project based on proper reporting of classification codes and payroll amounts and filling of
any coverage agreements;
(b) provide a certificate of coverage showing workers' compensation coverage to the
governmental entity prior to beginning work on the project;
(c) provide the governmental entity, prior to the end of the coverage period, a new certificate
of coverage showing extension of coverage, if the coverage period shown on the
Contractor's current certificate of coverage ends during the duration of the project;
(d) obtain from each person providing services on a project, and provide to the governmental
entity:
(i) a certificate of coverage, prior to that person beginning work on the project, so the
governmental entity will have on file certificates of coverage showing coverage
for all persons providing services on the project; and
(ii) no later than seven days after receipt by the Contractor, a new certificate of
coverage showing extension of coverage, if the coverage period shown on the
current certificate of coverage ends during the duration of the project;
(e) retain all required certificates of coverage on file for the duration of the project and for one
year thereafter;
(f) notify the governmental entity in writing by certified mail or personal delivery, within 10
days after the Contractor knew or should have known, of any change that materially affects
the provision of coverage of any person providing services on the project;
(g) post a notice on each project site informing all persons providing services on the project
that they are required to be covered, and stating how a person may verify current coverage
and report failure to provide coverage. This notice does not satisfy other posting
requirements imposed by the Texas Worker's Compensation Act or other commission
rules. This notice must be printed with a title in at least 30-point bold type and text in at
least 19-point normal type, and shall be in both English and Spanish and any other language
common to the worker population. The text for the notices shall be the following text
provided by the commission on the sample notice, without any additional words or
changes:
REQUIRED WORKERS' COMPENSATION COVERAGE
"The law requires that each person working on this site or providing services related to
this construction project must be covered by workers' compensation insurance. This
includes persons providing, hauling, or delivering equipment or materials, or providing
labor or transportation or other service related to the project, regardless of the identity
of their employer or status as an employee. "
"Call the Texas Workers' Compensation Commission at 800-372-7713 or 512-804-4000
(www.tdi.state. ix. us) to receive information of the legal requirements for coverage, to
verify whether your employer has provided the required coverage, or to report an
employer's failure to provide coverage, " and
(h) contractually require each person with whom it contracts to provide services on a project,
to:
(i) provide coverage based on proper reporting of classification codes and payroll
amounts and filing of any coverage agreements for all of its employees providing
services on the project, for the duration of the project;
(ii) provide a certificate of coverage to the Contractor prior to that person beginning
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
showing extension of the coverage period, if the coverage period shown
on the current certificate of coverage ends during the duration of the
project;
(vi) retain all required certificates of coverage on file for the duration of the project and
for one year thereafter;
(vii) notify the governmental entity in writing by certified mail or personal delivery,
within 10 days after the person knew or should have known, of any change that
materially affects the provision of coverage of any person providing services on
the project; and
(viii) contractually require each other person with whom it contracts, to perform as
required by paragraphs (i)-(viii), with the certificate of coverage to be provided to
the person for whom they are providing services.
29. DISABLED EMPLOYEES
Contractors having more than fifteen (15) employees agree to comply with the Americans with Disabilities Act of
1990, and agree not to discriminate against a qualified individual with a disability because of the disability of such
individual in regard to job application procedures, the hiring, advancement, or discharge of employees, employee
compensation, job training, and other terms, conditions, and privileges of employment.
30. PROTECTION AGAINST CLAIMS OF SUBCONTRACTORS, LABORERS, MATERIALMEN, AND
FURNISHERS OF MACHINERY, EQUIPMENT AND SUPPLIES
Without limiting, in any way, manner or form, the indemnity provided by Contractor in paragraph 27 hereof, the
Contractor agrees that it will indemnify and save the Owner and Engineer 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 Engineer, 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 Engineer 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 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 Notice to Proceed and contract documents, respectively, 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 $500 PER CONSECUTIVE
CALENDAR 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.
If the Contractor should neglect, fail, or refuse to Finally 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 $500 PER CONSECUTIVE
CALENDAR 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 fail to meet the time requirements 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 in such order of precedence, and in such manner as shall be most conductive to
economy of construction. The Contractor shall ensure daily prosecution of the work is conducted every business
day until completed, regardless if the work will be substantially or finally complete ahead of specified deadlines in
the agreement, unless the City determines time off from said prosecution is necessary or reasonable and Contractor
received said determination in writing from the City. Further, when the Owner is having other work done, either by
contract or by its own force, the Owner's Representative (as distinguished from the Resident Project 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. Additionally, inclement
weather shall be the only other reason consistent, daily prosecution of the work may not take place on those
inclement weather days.
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 within 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 workers, 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, provided that the over
run or under run of estimated quantities not exceed 15% of the estimated quantity.
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 Engineer, and any of its officers, agents and employees, against
any and all claims or damages due to any injury to any adjacent or adjoining property, related to, arising from or
growing out of the performance of this contract.
40. PRICE FOR WORK
In consideration of the furnishing of all necessary labor, equipment and material and the completion of all work by
the Contractor, and on the delivery of all materials embraced in this contract in full conformity with the
specifications and stipulations herein contained, the Owner agrees to pay the Contractor the price set forth in the
proposal attached hereto, which has been made a part of this contract, and the Contractor hereby agrees to receive
such price in full for furnishing all materials and all labor required for the aforesaid work, also, for all expenses
incurred by Contractor and for well and truly performing the same and the whole thereof in the manner and
according to this agreement, the attached specifications, plans, contract documents and requirements of Owner's
Representative.
41. PAYMENTS
No payments made or certificates given shall be considered as conclusive evidence of the performance of the
contract, either wholly or in part, nor shall any certificate or payment be considered as acceptance of defective work.
Contractor shall at any time requested during the progress of the work furnish the Owner or Owner's Representative
with a verifying certificate showing the Contractor's total outstanding indebtedness in connection with the work.
Before final payment is made, Contractor shall satisfy Owner, by affidavit or otherwise, that there are no outstanding
liens against Owner's premises by reason of any work under the contract. Acceptance by Contractor of final
payment of the contract price shall constitute a waiver of all claims against Owner, Owner's agents and employees,
which have not theretofore been timely filed as provided in this contract.
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:
(i) in the event the total value of the contract is five million dollars or more, 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; or
(ii) in the event the total value of the contract is less than five million dollars, 10% or less, of the amount
thereof, which percentage shall be retained until final payment, and further, less all previous
payments and all further sums may be retained by Owner under the terms of the contract documents
("Retainage").
If Contractor engages a sub -contractor to perform all or part of Contractor's work under the contract, the
Contractor shall not withhold a greater percentage of Retainage than the percentage set out in in this
section pertaining to the Contractor. Contractor shall likewise require any subcontractor it engages to
comply with section 2252.032 of the Texas Government Code.
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 fifteen
(15) calendar 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. The work will be deemed substantially complete when the work (or a specified portion
thereof) has progressed to the point where, in the opinion of the Owner or Owner's Representative, the
work (or a specified portion thereof) is sufficiently complete, in accordance with all the contract
documents, including the Proposal and all applicable technical specifications, so that the work (or a
specified portion thereof) can be utilized for the purposes for which it is intended without unscheduled
disruption. Owner may, in its sole discretion, release all or a portion of the Retainage upon Owner's
receipt of the certificate of substantial completion for all of the work or a specified portion thereof.
Notwithstanding the issuance of a certificate of substantial completion, Contractor shall proceed with
diligence to finally complete the work within the time provided in this contract.
44. FINAL COMPLETION AND PAYMENT
The Contractor shall give written notice to Owner's Representative of final completion. Upon written
notice of final completion, the Owner's Representative shall proceed to make final measurement to
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. Owner may, in its sole discretion, release all or a portion of the Retainage for fully completed
and accepted portions of the work.
Notwithstanding the foregoing, Owner may withhold the Retainage if there is a bona fide dispute between
Owner and Contractor according to section 2252.032(f) of the Texas Government Code.
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 but not to exceed 30 days after a written notice by the Owner or the
Owner's Representative, Owner may remove and replace it at Contractor's expense. The Contractor shall pay all
claims, cost, losses, and damages (including but not limited to all fees and charges of the engineers, architects,
attorneys, and other professionals and all court or arbitration or other dispute resolution cost) arising out of or
relating to such correction or removal.
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 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,
(d) Notification to owner of failure to make payments to Subcontractors or Suppliers,
(e) Failure to submit up-to-date record documents as required,
(f) Failure to submit monthly progress schedule updates or revised scheduled as requested by Owner,
(g) Failure to provide Project photographs required by Specifications.
When the above grounds are removed, or the Contractor provides a surety bond satisfactory to the Owner, in the
amount withheld, payment shall be made for amounts withheld because of them.
47. CLAIM OR DISPUTE
It is further agreed by both parties hereto that all questions of dispute or adjustment presented by the Contractor
shall be in writing and filed with the Owner's Representative within fifteen (15) calendar days after the Owner's
Representative has given any direction, order or instruction to which the Contractor desires to take exception.
Timely written notice of dispute as provided in this contract of any decision by Owner's Representative or Owner
shall be a condition precedent to the bringing and/or assertion of any action or claim by Contractor of any right
under this Contract. If the matters set forth in the notice of dispute are not granted or otherwise responded to by
Owner's Representative within fifteen (15) calendar days of receipt of notice of dispute by Owner's Representative,
said objections shall be deemed denied. Any decision by the Owner's Representative, or deemed denial by the
Owner's Representative, shall be final and conclusive in the absence of fraud. It is further agreed that the acceptance
by the Contractor of the final payment shall be a bar to any and all claims of the Contractor, and constitute a waiver
of the right to assert any claim against Owner, Owner's agents and employees and Owner's Representative, by
Contractor.
48. NON-COMPLIANCE AND/OR ABANDONMENT BY CONTRACTOR
In case the Contractor should (1) abandon and fail or refuse to resume work within fifteen (15) calendar days after
written notification from the Owner or the Owner's Representative, or (2) if the Contractor fails to comply with the
written orders of the Owner's Representative, when such orders are consistent with this contract, then the Surety on
the bond shall be notified in writing and directed to complete the work and a copy of said notice shall be delivered
to the Contractor. In the event a bond is not required by law, or otherwise obtained by the Contractor, no further
notice of such non-compliance to Contractor shall be required.
After receiving said notice of abandonment or non-compliance , the Contractor shall not remove from the work any
machinery, equipment, tools, materials or supplies then on the job, but the same, together with any materials and
equipment under the contract for work, may be held for use on the work by the Owner or the Surety of the
Contractor, or another contractor, in completion of the work; and the Contractor shall not receive any rental or credit
therefore (except when used in connection with Extra Work, where credit shall be allowed as provided for under
paragraph 24 of this contract); it being understood that the use of such equipment and materials will ultimately
reduce the cost to complete the work and be reflected in the final settlement.
In the event the Contractor, or Surety, whichever is applicable, should fail to commence compliance with the notice
hereinbefore provided within ten (10) calendar days after service of such notice, and/or shall fail to proceed with
diligence to complete the project as contemplated and in compliance with all terms and provisions of the contract
documents, then the Owner may exercise any and all remedies available to it pursuant to law, contract, equity or
otherwise, including, but not limited to, providing for completion of the work in either of the following elective
manners:
(a) The Owner may employ such force of persons 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, 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 $50,000. All bonds shall be submitted
on forms supplied by the Owner, and executed by a Surety Company listed on the State Treasury's "Approved" list
and authorized to do business in the State of Texas. It is further agreed that this contract shall not be in effect until
such bonds are so furnished.
51. SPECIAL CONDITIONS
In the event special conditions are contained herein as part of the contract documents and said special conditions
conflict with any of the general conditions contained in this contract, then in such event the special conditions shall
control.
52. LOSS OR EXPENSE DUE TO UNUSUAL OR UNANTICIPATED CIRCUMSTANCES
Unless otherwise specified herein, all loss, expense or damage to the Contractor arising out of the nature of the
work to be done, or from the action of the elements, or from any unforeseen circumstance or from unusual
obstructions or difficulties, naturally occurring, man made or otherwise, which may be encountered in the
prosecution of the work, shall be sustained and borne by the Contractor at his own cost and expense.
53. INDEPENDENT CONTRACTOR
Contractor is, and shall remain, an independent contractor with full, complete and exclusive power and authority to
direct, supervise, and control its own employees and to determine the method of the performance of the work
covered hereby. The fact that the Owner or Owner's Representative shall have the right to observe Contractor's
work during Contractor's performance and to carry out the other prerogatives which are expressly reserved to and
vested in the Owner or Owner's Representative hereunder, is not intended to and shall not at any time change or
effect the status of the Contractor as an independent contractor with respect to either the Owner or Owner's
Representative or to the Contractor's own employees or to any other person, firm, or corporation.
54. CLEANING UP
The Contractor shall at all times keep the premises free from accumulation of debris caused by the work, and at the
completion of the work Contractor shall remove all such debris and also its tools, scaffolding, and surplus materials
and shall leave the work room clean or its equivalent. The work shall be left in good order and condition. In case
of dispute Owner may remove the debris and charge the cost to the Contractor.
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 for
the goods or services provided under the contract, the City will terminate the contract, without termination charge
or other liability, on the last day of the then -current fiscal year or when the appropriation made for the then -current
year for the goods or services covered by this contract is spent, whichever event occurs first. If at any time funds
are not appropriated for the continuance of this contract, cancellation shall be accepted by the Seller on thirty (30)
days prior written notice, but failure to give such notice shall be of no effect and the City shall not be obligated
under this contract beyond the date of termination.
57. THE CITY RIGHT TO AUDIT
At any time during the term of this Contract and for a period of four (4) years thereafter the City or a duly authorized
audit representative of the City, or the State of Texas, at its expense and at reasonable times, reserves the right to
audit Contractor's records and books relevant to all services provided under this Contract. In the event such an audit
by the City reveals any errors/overpayments by the City, Contractor shall refund the City the full amount of such
overpayments within thirty (30) days of such audit findings, or the City, at its option, reserves the right to deduct
such amounts owing the City from any payments due Contractor.
58. NON -ARBITRATION
The City reserves the right to exercise any right or remedy available to it by law, contract, equity, or otherwise,
including without limitation, the right to seek any and all forms of relief in a court of competent jurisdiction.
Further, the City shall not be subject to any arbitration process prior to exercising its unrestricted right to seek
judicial remedy. The remedies set forth herein are cumulative and not exclusive, and may be exercised concurrently.
To the extent of any conflict between this provision and another provision in, or related to, this document, this
provision shall control.
59. CONTRACTOR ACKNOWLEDGES
Contractor acknowledges by supplying any Goods or Services that the Contractor has read, fully understands, and
will be in full compliance with all terms and conditions and the descriptive material contained herein and any
additional associated documents and Amendments. The City disclaims any terms and conditions provided by the
Contractor unless agreed upon in writing by the parties. In the event of conflict between these terms and conditions
and any terms and conditions provided by the Contractor, the terms and conditions provided herein shall prevail.
The terms and conditions provided herein are the final terms agreed upon by the parties, and any prior conflicting
terms shall be of no force or effect.
60. LABOR CODE CHAPTER 214
Sec. 214.008. MISCLASSIFICATION OF CERTAIN WORKERS; PENALTY. (a) A person who
contracts with a governmental entity to provide a service as defined by Section 2155.001, Government
Code, shall properly classify, as an employee or independent contractor in accordance with Chapter 201,
any individual the person directly retains and compensates for services performed in connection with the
contract. (b) In this subsection, "subcontractor" means a person directly retained and compensated by a
person who contracts with a governmental entity to provide a service as defined by Section 2155.001,
Government Code. A subcontractor shall properly classify, as an employee or independent contractor in
accordance with Chapter 201, any individual the subcontractor directly retains and compensates for
services performed in connection with the contract for which the subcontractor is retained. (c) A person
who fails to properly classify an individual as required by Subsection (a) or (b) shall pay to the commission
a penalty equal to $200 for each individual that the person has not properly classified. (d) The commission
may not take action to collect a penalty under this section from a person after the third anniversary of the
date on which the violation occurred.
61. CERTIFICATE OF INTERESTED PARTIES
House Bill 1295, adopted by the 84th Legislature, created §2252.908, Texas Government Code. Section 2252.908
requires a business entity entering into certain contracts with a governmental entity or state agency to file with the
governmental entity or state agency a disclosure of interested parties at the time the business entity submits the
signed contract to the governmental entity or state agency. Section 2252.908 requires the disclosure form to be
signed by the authorized agent of the contracting business entity, acknowledging that the disclosure is made under
oath and under penalty of perjury. Section 2252.908 applies only to a contract that requires an action or vote by the
governing body of the governmental entity or state agency before the contract may be signed or has a value of at
least $1 million. Instructions for completing Form 1295 are available at:
htlps:Hci.lubbock.tx.us/departments/purchasing/vendor-information
62. TEXAS GOVERNMENT CODE SECTION 2252.152
Contracts with Companies Engaged in Business with Iran, Sudan, or Foreign Terrorist Organization
Prohibited. Pursuant to Section 2252.152 of the Texas Government Code, prohibits the City from entering
into a contract with a vendor that is identified by The Comptroller as a company known to have contracts
with or provide supplies or service with Iran, Sudan or a foreign terrorist organization.
63. TEXAS GOVERNMENT CODE SECTION 2271.002
Pursuant to Section 2271.002 of the Texas Government Code, a) This section applies only to a contract
that: (1) is between a governmental entity and a company with 10 or more full-time employees; and (2)
has a value of $100,000 or more that is to be paid wholly or partly from public funds of the governmental
entity. (b) A governmental entity may not enter into a contract with a company for goods or services unless
the contract contains a written verification from the company that it: (1) does not boycott Israel; and (2)
will not boycott Israel during the term of the contract.
64. CONTRACTOR ACKNOWLEDGES
Contractor Acknowledges by supplying any Goods or Services that the Contractor has read, fully
understands, and will be in full compliance with all terms and conditions and the descriptive material
contained herein and any additional associated documents and Amendments. The City disclaims any terms
and conditions provided by the Contractor unless agreed upon in writing by the parties. In the event of
conflict between these terms and conditions and any terms and conditions provided by the Contractor, the
terms and conditions provided herein shall prevail. The terms and conditions provided herein are the final
terms agreed upon by the parties, and any prior conflicting terms shall be of no force or effect.
65. TEXAS PUBLIC INFORMATION ACT
The requirements of Subchapter J, Chapter 552, Government Code, may apply to this contract and the
contractor or vendor agrees that the contract can be terminated if the contractor or vendor knowingly or
intentionally fails to comply with a requirement of that subchapter. To the extent Subchapter J, Chapter
552, Government Code applies to this agreement, Contractor agrees to: (1) preserve all contracting
information related to the contract as provided by the records retention requirements applicable to the
governmental body for the duration of the contract; (2) promptly provide to the governmental body any
contracting information related to the contract that is in the custody or possession of the entity on request
of the governmental body; and (3) on completion of the contract, either: (A) provide at no cost to the
governmental body all contracting information related to the contract that is in the custody or possession
of the entity; or (B) preserve the contracting information related to the contract as provided by the records
retention requirements applicable to the governmental body.
66. CONFIDENTIALITY
The Contractor shall retain all information received from or concerning the City and the City's business
in strictest confidence and shall not reveal such information to third parties without prior written consent
of the City, unless otherwise required by law.
67. INDEMNITY
The Contractor shall indemnify and save harmless the city of Lubbock and its elected officials, officers,
agents, and employees from all suits, actions, losses, damages, claims, or liability of any kind, character,
type, or description, including without limiting the generality of the foregoing, all expenses of litigation,
court costs, and attorney's fees, for injury or death to any person, or injury to any property, received or
sustained by any person or persons or property, to the extent arising out of, related to or occasioned by,
the negligent acts of the Contractor, its agents, employees, and/or subcontractors, related to the
performance, operations or omissions under this agreement and/or the use or occupation of city owned
property. The indemnity obligation provided herein shall survive the expiration or termination of this
agreement.
68. PROFESSIONAL RESPONSIBILITY
All architectural or engineering services to be performed shall be done with the professional skill and
care ordinarily provided by competent architects or engineers practicing under the same or similar
circumstances and professional license.
69. TEXAS SENATE BILL 219 SUBCHAPTER B ITEMS B AND C
(b) A contractor must, within a reasonable time of learning of a defect, inaccuracy, inadequacy, or
insufficiency in the plans, specifications, or other design documents, disclose in writing to the person with
whom the contractor enters into a contract the existence of any known defect in the plans, specifications,
or other design documents that is discovered by the contractor, or that reasonably should have been
discovered by the contractor using diligence, before or during construction. In this subsection, ordinary
diligence means the observations of the plans, specifications, or other design documents or the
improvement to real property that a contractor would make in the reasonable preparation of a bid or
fulfillment of its scope of work under normal circumstances. Ordinary diligence does not require that the
contractor engage a person licensed or registered under Title 6, Occupations Code, or any other person
with specialized skills. A disclosure under this subsection is made in the contractor's capacity as contractor
and not as a licensed professional under Title 6, Occupations Code.
(c) A contractor who fails to disclose a defect as required by Subsection (b) may be liable for the
consequences of defects that result from the failure to disclose.
DAVIS BACON WAGE DETERMINATIONS
EXHIBIT A
Page Intentionally Left Blank
"General Decision Number: TX20220280 02/25/2022
Superseded General Decision Number: TX20210280
State: Texas
Construction Type: Building
Counties: Crosby and Lubbock Counties in Texas.
BUILDING CONSTRUCTION PROJECTS (does not include single family
homes or apartments up to and including 4 stories).
Note: Contracts subject to the Davis -Bacon Act are generally
required to pay at least the applicable minimum wage rate
required under Executive Order 14026 or Executive Order 13658.
Please note that these Executive Orders apply to covered
contracts entered into by the federal government that are
subject to the Davis -Bacon Act itself, but do not apply to
contracts subject only to the Davis -Bacon Related Acts,
including those set forth at 29 CFR 5.1(a)(2)-(60).
JIf the contract is entered
into on or after January 30,
12022, or the contract is
renewed or extended (e.g., an
loption is exercised) on or
lafter January 30, 2022:
JIf the contract was awarded on
for between January 1, 2015 and
January 29, 2022, and the
contract is not renewed or
lextended on or after January
130, 2022:
Executive Order 14026
generally applies to the
contract.
The contractor must pay
all covered workers at
least $15.00 per hour (or
the applicable wage rate
listed on this wage
determination, if it is
higher) for all hours
spent performing on the
contract in 2022.
Executive Order 13658
generally applies to the
contract.
The contractor must pay alli
covered workers at least
$11.25 per hour (or the
applicable wage rate listedi
on this wage determination,1
if it is higher) for all
hours spent performing on
that contract in 2022.
The applicable Executive Order minimum wage rate will be
adjusted annually. If this contract is covered by one of the
Executive Orders and a classification considered necessary for
performance of work on the contract does not appear on this
wage determination, the contractor must still submit a
conformance request.
Additional information on contractor requirements and worker
protections under the Executive Orders is available at
https://www.dol.gov/agencies/whd/government-contracts.
Modification Number Publication Date
0 01/07/2022
1 02/25/2022
BOIL0074-003 01/01/2021
Rates Fringes
BOILERMAKER ......................$ 29.47 24.10
----------------------------------------------------------------
CARP0665-001 05/01/2021
Rates Fringes
CARPENTER ........................$ 24.25 7.69
----------------------------------------------------------------
ELEC0602-008 03/01/2020
Rates Fringes
ELECTRICIAN ......................$ 23.12 3%+10.75
----------------------------------------------------------------
ENGIO178-005 06/01/2020
Rates Fringes
POWER EQUIPMENT OPERATOR
(1) Tower Crane .............$ 32.85 13.10
(2) Cranes with Pile
Driving or Caisson
Attachment and Hydraulic
Crane 60 tons and above ..... $ 28.75 10.60
(3) Hydraulic cranes 59
Tons and under ..............$ 32.35 13.10
IRON0084-011 06/01/2021
Rates Fringes
IRONWORKER, ORNAMENTAL ........... $ 26.01 7.56
----------------------------------------------------------------
IRON0263-003 06/01/2020
Rates Fringes
IRONWORKER, STRUCTURAL ........... $ 25.14 7.43
----------------------------------------------------------------
PLUM0404-001 09/01/2020
Rates Fringes
PLUMBER ..........................$ 26.05 8.81
----------------------------------------------------------------
SHEE0049-001 04/01/2019
Rates Fringes
SHEET METAL WORKER (HVAC Duct
Installation Only) ...............$ 21.73 14.94
----------------------------------------------------------------
* SUTX2014-060 07/21/2014
Rates Fringes
BRICKLAYER .......................$ 20.04 0.00
CEMENT MASON/CONCRETE FINISHER...$ 19.60 0.00
INSULATOR - MECHANICAL
(Duct, Pipe & Mechanical
System Insulation) ...............$
19.77
7.13
IRONWORKER, REINFORCING ..........
$ 12.27
**
0.00
LABORER: Common or General ......
$ 12.35
**
0.00
LABORER: Mason Tender - Brick ...
$ 11.36
**
0.00
LABORER: Mason Tender -
Cement/Concrete..................$
10.58
**
0.00
LABORER: Pipelayer..............$
12.49
**
2.13
LABORER: Roof Tearoff...........
$ 11.28
**
0.00
OPERATOR:
Backhoe/Excavator/Trackhoe.......
$ 14.25
**
0.00
OPERATOR: Bobcat/Skid
Steer/Skid Loader ................$
13.93
**
0.00
OPERATOR: Bulldozer .............$
18.29
1.31
OPERATOR: Drill .................$
16.22
0.34
OPERATOR: Forklift ..............$
14.83
**
0.00
OPERATOR: Grader/Blade ..........
$ 13.37
**
0.00
OPERATOR: Loader ................$
13.55
**
0.94
OPERATOR: Mechanic ..............$
17.52
3.33
OPERATOR: Paver (Asphalt,
Aggregate, and Concrete) .........
$ 16.03
0.00
OPERATOR: Roller ................$
12.70
**
0.00
PAINTER (Brush, Roller, and
Spray) ...........................$
14.27
**
0.00
ROOFER ...........................$
13.75
**
0.00
SHEET METAL WORKER, Excludes
HVAC Duct Installation ...........
$ 21.13
6.53
TILE FINISHER ....................$
11.22
**
0.00
TILE SETTER ......................$
14.00
**
2.01
TRUCK DRIVER: Dump Truck ........
$ 12.39
**
1.18
TRUCK DRIVER: Flatbed Truck .....
$ 19.65
8.57
TRUCK DRIVER: Semi -Trailer
Truck ............................$
12.50
**
0.00
TRUCK DRIVER: Water Truck .......
----------------------------------------------------------------
$ 12.00
**
4.11
WELDERS - Receive rate prescribed for craft performing
operation to which welding is incidental.
** Workers in this classification may be entitled to a higher
minimum wage under Executive Order 14026 ($15.00) or 13658
($11.25). Please see the Note at the top of the wage
determination for more information.
Note: Executive Order (EO) 13706, Establishing Paid Sick Leave
for Federal Contractors applies to all contracts subject to the
Davis -Bacon Act for which the contract is awarded (and any
solicitation was issued) on or after January 1, 2017. If this
contract is covered by the EO, the contractor must provide
employees with 1 hour of paid sick leave for every 30 hours
they work, up to 56 hours of paid sick leave each year.
Employees must be permitted to use paid sick leave for their
own illness, injury or other health -related needs, including
preventive care; to assist a family member (or person who is
like family to the employee) who is ill, injured, or has other
health -related needs, including preventive care; or for reasons
resulting from, or to assist a family member (or person who is
like family to the employee) who is a victim of, domestic
violence, sexual assault, or stalking. Additional information
on contractor requirements and worker protections under the EO
is available at
https://www.dol.gov/agencies/whd/government-contracts.
Unlisted classifications needed for work not included within
the scope of the classifications listed may be added after
award only as provided in the labor standards contract clauses
(29CFR 5.5 (a) (1) (ii)).
The body of each wage determination lists the classification
and wage rates that have been found to be prevailing for the
cited type(s) of construction in the area covered by the wage
determination. The classifications are listed in alphabetical
order of ""identifiers"" that indicate whether the particular
rate is a union rate (current union negotiated rate for local),
a survey rate (weighted average rate) or a union average rate
(weighted union average rate).
Union Rate Identifiers
A four letter classification abbreviation identifier enclosed
in dotted lines beginning with characters other than ""SU"" or
""UAVG"" denotes that the union classification and rate were
prevailing for that classification in the survey. Example:
PLUM0198-005 07/01/2014. PLUM is an abbreviation identifier of
the union which prevailed in the survey for this
classification, which in this example would be Plumbers. 0198
indicates the local union number or district council number
where applicable, i.e., Plumbers Local 0198. The next number,
005 in the example, is an internal number used in processing
the wage determination. 07/01/2014 is the effective date of the
most current negotiated rate, which in this example is July 1,
2014.
Union prevailing wage rates are updated to reflect all rate
changes in the collective bargaining agreement (CBA) governing
this classification and rate.
Survey Rate Identifiers
Classifications listed under the ""SU"" identifier indicate that
no one rate prevailed for this classification in the survey and
the published rate is derived by computing a weighted average
rate based on all the rates reported in the survey for that
classification. As this weighted average rate includes all
rates reported in the survey, it may include both union and
non -union rates. Example: SULA2012-007 5/13/2014. SU indicates
the rates are survey rates based on a weighted average
calculation of rates and are not majority rates. LA indicates
the State of Louisiana. 2012 is the year of survey on which
these classifications and rates are based. The next number, 007
in the example, is an internal number used in producing the
wage determination. 5/13/2014 indicates the survey completion
date for the classifications and rates under that identifier.
Survey wage rates are not updated and remain in effect until a
new survey is conducted.
Union Average Rate Identifiers
Classification(s) listed under the UAVG identifier indicate
that no single majority rate prevailed for those
classifications; however, 100% of the data reported for the
classifications was union data. EXAMPLE: UAVG-OH-0010
08/29/2014. UAVG indicates that the rate is a weighted union
average rate. OH indicates the state. The next number, 0010 in
the example, is an internal number used in producing the wage
determination. 08/29/2014 indicates the survey completion date
for the classifications and rates under that identifier.
A UAVG rate will be updated once a year, usually in January of
each year, to reflect a weighted average of the current
negotiated/CBA rate of the union locals from which the rate is
based.
WAGE DETERMINATION APPEALS PROCESS
1.) Has there been an initial decision in the matter? This can
be:
* an existing published wage determination
* a survey underlying a wage determination
* a Wage and Hour Division letter setting forth a position on
a wage determination matter
* a conformance (additional classification and rate) ruling
On survey related matters, initial contact, including requests
for summaries of surveys, should be with the Wage and Hour
National Office because National Office has responsibility for
the Davis -Bacon survey program. If the response from this
initial contact is not satisfactory, then the process described
in 2.) and 3.) should be followed.
With regard to any other matter not yet ripe for the formal
process described here, initial contact should be with the
Branch of Construction Wage Determinations. Write to:
Branch of Construction Wage Determinations
Wage and Hour Division
U.S. Department of Labor
200 Constitution Avenue, N.W.
Washington, DC 20210
2.) If the answer to the question in 1.) is yes, then an
interested party (those affected by the action) can request
review and reconsideration from the Wage and Hour Administrator
(See 29 CFR Part 1.8 and 29 CFR Part 7). Write to:
Wage and Hour Administrator
U.S. Department of Labor
200 Constitution Avenue, N.W.
Washington, DC 20210
The request should be accompanied by a full statement of the
interested party's position and by any information (wage
payment data, project description, area practice material,
etc.) that the requestor considers relevant to the issue.
3.) If the decision of the Administrator is not favorable, an
interested party may appeal directly to the Administrative
Review Board (formerly the Wage Appeals Board). Write to:
Administrative Review Board
U.S. Department of Labor
200 Constitution Avenue, N.W.
Washington, DC 20210
4.) All decisions by the Administrative Review Board are final.
END OF GENERAL DECISIO"
EXHIBIT C
City of Lubbock
Overtime
Legal Holiday
Prevailing Wage Rates
The rate for overtime (in excess of forty hours per week) shall be as required by the Fair Labor
Standards Act.
The rate for legal holidays shall be as required by the Fair Labor Standards Act.
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SPECIFICATIONS
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SECTION 31 23 00 - EXCAVATION AND FILL
PART 1 - GENERAL
1.1 SUMMARY
A. Section includes all excavation, filling, and grading in connection with paved streets
and parking lots and unpaved landscaped areas. Excavation, filling, and grading
shall conform to lines and grades as shown on Plans. Contractor furnishes all
materials, equipment, tools, labor, superintendence, and incidentals necessary to
complete Work per Drawings and as specified herein.
1.2 DEFINITIONS
A. Backfill: Soil material or controlled low -strength material used to fill an excavation.
1. Initial Backfill is placed beside and over pipe in a trench, including haunches
to support sides of pipe.
2. Final Backfill is placed over initial backfill to fill a trench.
B. Borrow Soil: Satisfactory soil imported from off -site for use as fill or backfill.
C. Excavation: Removal of material encountered above subgrade elevations to lines
and dimensions indicated.
D. Embankment/Fill: Soil materials used to raise existing grades.
E. Rock: Material in beds, ledges, unstratified masses, conglomerate deposits, and
boulders of rock material 3/4 cubic yard or more in volume that exceed a standard
penetration resistance of 100 blows per 2 inches when tested by a geotechnical
testing agency, per ASTM D 1586.
F. Structures: Buildings, footings, foundations, retaining walls, slabs, tanks, curbs,
mechanical and electrical appurtenances, or other manmade stationary features
constructed above or below ground surface.
G. Subgrade: Uppermost surface of excavation or top surface of a fill/backfill
immediately below subbase, drainage fill, drainage course, or topsoil materials.
1.3 PROJECT CONDITIONS
A. Traffic: Minimize interference with adjoining roads, streets, walks, and other
adjacent occupied or used facilities during earthmoving operations.
1. Do not close or obstruct streets, walks, or other adjacent occupied or used
facilities without permission from Owner and authorities having jurisdiction.
2. Provide alternate routes around closed orobstructed trafficways if required by
Owner or authorities having jurisdiction.
B. Do not commence earthmoving operations until temporary sedimentation- and
erosion -control measures are in place.
PART 2 - PRODUCTS
2.1 SOIL MATERIALS
A. Provide borrow soil materials when sufficient satisfactory soil materials unavailable
from excavations.
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B. Satisfactory Soils: Onsite material free of gravel, debris, waste, frozen materials,
vegetation, and other deleterious matter or a select non -expansive material
mechanically processed to produce a consistent uniform material meeting the
following general requirements:
1. Maximum Aggregate Size: 3.0 inches.
2. Percent Retained on No. 4 Sieve: 25 - 50 percent.
3. Percent Retained on No. 40 Sieve: 50 - 85 percent.
4. Plasticity Index: 15 maximum.
C. Unsatisfactory soils also include satisfactory soils not maintained within 2 percent
of optimum moisture content.
D. Bedding Course: Naturally- or artificially -graded mixture of natural or crushed
gravel, crushed stone, and natural or crushed sand; ASTM D 2940; except with 100
percent passing a 1-inch sieve and not more than 8 percent passing a No. 200
sieve.
E. Sand: ASTM C 33; fine aggregate.
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PART 3 - EXECUTION
3.1 STORAGE OF SOIL MATERIALS
A. Stockpile borrow soil materials and excavated satisfactory soil materials without
intermixing. Place, grade, and shape stockpiles to drain surface water. Cover to
prevent windblown dust. Stockpile soil materials away from edge of excavations. Do not
store within drip line of remaining trees.
3.2 EXCAVATION
A. Excavation consists of removing all material from areas where subgrade or finished
grade is below existing ground. Excess excavated material not required, or otherwise
unsuitable according to geotechnical report, for making necessary fills for items in
Project, shall be disposed by Contractor, as Architect directs, in approved waste
areas. No additional compensation made for hauling or disposing waste material or
excess excavation.
B. Existing Pavement, Curbs, Gutters, Sidewalks, Etc.: All existing pavement, concrete
curbs, trees, grass, or other organic materials removed as excavation, shall be
classified as waste material and notincorporated in fills unless Architect gives specific
direction to do so. Where sidewalks are removed, take care to avoid damage to that
portion of walk not requiring removal. Waste material shall be disposed as provided
herein.
C. Finishing: All excavation shall be to lines and grades shown on Plans. Any excavation
below such grade, and consequential filling to established grade, shall be at
Contractor expense. Neatly finish excavation beyond ends of intersection stubs,
between curb and property line, or other transition areas, to lines and grades shown
on Plans or established by Architect.
D. Damage to Existing Pavement, Curbs, Utilities, Etc.: Take care in all excavation work
to avoid damage to existing pavement, curbs, utilities, and other such installations. If
these installations are damaged by Contractor forces or equipment, replace or repair
as directed, at expense of Contractor.
E. Unclassified Excavation: All material excavated as part of Project.
3.3 SOIL MOISTURE CONTROL
A. Uniformly moisten and mechanically process soil to produce material with consistent
and uniform soil moisture content. Deviation in moisture content consistency is
grounds for rejection of material.
1. Do not place backfill or fill soil material on muddy, frozen, frosty or icy surfaces.
2. Remove and replace, or scarify and air dry, otherwise satisfactory soil material
that exceeds optimum moisture content by 2 percent and too wet to compact to
specified dry unit weight.
3.4 COMPACTION OF SOIL BACKFILLS AND FILLS
A. Place backfill and fill soil materials in layers not more than 8 inches in loose depth for
material compacted by heavy compaction equipment, and not more than 4 inches in
loose depth for material compacted by hand -operated tampers.
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B. Mechanically process soil material until a consistent material, uniform in color, unit
weight, and moisture content is produced prior to any compaction efforts.
C. Compact soil materials to not less than the following percentages of maximum dry unit
weight according to ASTM D 698:
1. Proctor samples will not be taken for performance testing before material
processed to a uniform and consistent material on site. Approval of any material
in submittal process does not guarantee acceptance of material in the field.
2. Contractor shall provide third party testing before material processed to a
uniform and consistent material on site. Approval of any material in submittal
process does not guarantee acceptance of material in the field.
3.5 SUBGRADE FINISHING
A. Compact surface with approved pneumatic roller followed by approved three -wheel
roller until it presents a uniform compacted appearance. Compact subgrade in fill
areas with approved pneumatic roller.
3.6 ROLLING EQUIPMENT
A. Pneumatic Rollers: Consists of not less than nine pneumatic -tired wheels, running on
two axles so rear group of tires will not follow in tracks of forward group, mounted in
rigid frame and provided with loading platform or body suitable for ballast loading.
Front axle shall rotate around a king pin located so roller may turn within a minimum
circle. Roller, under working conditions, shall have an approximate 60-inch effective
rolling width and give a minimum compression of 325 pounds per inch of width of tire
tread. Roller shall be drawn by a suitable pneumatic -tired tractor or self-propelled
type.
B. Three -Wheel Roller: Shall be a three -wheel self-propelled type, weighing not lessthan
10 tons, and provide a compression on rear wheels not less than 325 pounds per
linear inch of width. Rear wheels shall be flat, diameter not less than 48 inches, and
width not less than 20 inches.
3.7 DISPOSAL OF SURPLUS AND WASTE MATERIALS
A. Remove surplus satisfactory soil and waste materials, including unsatisfactory soil,
trash, and debris, and legally dispose off Owner's property.
END OF SECTION
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