HomeMy WebLinkAboutResolution - 2022-R0303 - Contract 16586 with Permian Paving - Civic Center 6.28.22Resolution No. 2022-R0303
Item No. 4.15
June 28, 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, Contract No. 16586, as per ITB 22-16586-KM, for parking
lot repairs at the Lubbock Memorial Civic Center, by and between the City of Lubbock and
Permian Paving, Inc. of Midland, 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
ATTEST:
t7 4 K
Rebec a Garza, City Secret
APPROVED AS TO CONTENT:
4�L� _V �
Brooke Witcher, Assistant City Manager
APPROVED AS TO FORM:
Ryan ooke, Assistant City Attorney
RES.Contract No. 16586-Permian Paving, Inc.
6.22.22
June 28, 2022
June 8 2022
DATE:
BID SUBMITTAL FORM
UNIT PRICE BID CONTRACT
PROJECT NUMBER: ITB 22-16586-KM, Parking Lot Repairs at the Lubbock Memorial Civic Center
Bid of Permian paving inc (hereinafter called
Bidder)
To the Honorable Mayor and City Council City of Lubbock, Texas (hereinafter called Owner)
Ladies and Gentlemen:
The Bidder, in compliance with your Invitation to Bid for the construction of the referenced project, having
carefully examined the plans, specifications, instructions to bidders, notice to bidders and all other related
contract documents and the site of the intended work, and being familiar with all of the conditions surrounding
the construction of the intended project including the availability of materials and labor, hereby intends to
furnish all labor, materials, and supplies; and to construct the project in accordance with the plans, specifications
and contract documents, within the time set forth therein and at the price stated.
The bidder binds himself on acceptance of his bid to execute a contract and any required bonds, according to
the accompanying forms, for performing and completing the said work within the time stated and for the prices
stated.
Bidder hereby agrees to commence the work on the above project on a date to be specified in a written "Notice
to Proceed" of the Owner and to substantially complete the project within 30 consecutive calendar days with
final completion of the project within 38 consecutive calendar days as stipulated in the specification and other
contract documents. Bidder hereby further agrees to pay to Owner as liquidated damages in the sum of $25for
each consecutive calendar day after substantial completion and liquidated damages in the sum of $550 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.
Bidder understands and agrees that this bid submittal shall be completed and submitted in accordance with
instruction number 29 of the General Instructions to Bidders.
Bidder understands that the Owner reserves the right to reject any or all bids and to waive any formality in the
bidding.
The Bidder agrees that this bid shall be good and may not be withdrawn for a period of 60 calendar days after
the scheduled closing time for receiving bids.
The undersigned Bidder hereby declares that he has visited the site of the work and has carefully examined the
plans, specifications and contract documents pertaining to the work covered by this bid, and he further agrees
to commence work on or before the date specified in the written notice to proceed, and to substantially complete
the work on which he has bid; as provided in the contract documents.
Bidders are required, whether or not a payment or performance bond is required, to submit a cashier's check or
certified check issued by a bank satisfactory to the City of Lubbock, or a bid bond from a reliable surety
company, payable without recourse to the order of the City of Lubbock in an amount not less than five percent
(5%) of the total amount of the bid submitted as a guarantee that bidder will enter into a contract, obtain all
required insurance policies, and execute all necessary bonds (if required) within 10 business days after notice
of award of the contract to him.
City of Lubbock,
ITB 22-16586-KM
Parking Lot Repairs at the Lubbock Memorial Civic Center
Bid Form
Permian Paving, Inc.
Location Midland, TX
Total Cost $262,132.00
Unit
Quantity of Unit Extended
# Items (+i-) Measure Cost Cost
#1-1 Mobilization - price includes equipment mobilization, Storm Water
Pollution Prevention Plan, Barricades and any incidentals not
described in the Contract.
1
LS
$101,200.00
$101,200.00
#1-2
Patching with Black Base, 3" depth (milling to a depth of 5", with
replacement of 3" Black Base and 2" Type D or C Hot Mix), including
labor, equipment, removal and disposal of asphaltic surface, caliche
4650
SY
32.00
148,800.00
base and sub -grade (if soft or unstable) to a depth of 5" and replacing
with 3" of Black Base and 2" Type D Hot Mix.
#1-3
Handicap Emblems
6
EA
50.00
300.00
#14
Fire Lane Striping
600
LF
10.00
6,000.00
#1-5
Curb Striping (Top & Side)
60
LF
10.00
600.00
#1-6
Layout and Striping for Parking Stalls
3488
LF
1.50
5,232.00
Enclosed with this bid is a Cashier's Check or Certified Check for
5% Dollars ($ ) or a Bid Bond in the sum of
Dollars ($ ), which it is agreed shall be collected and
retained by the Owner as liquidated damages in the event the bid is accepted by the Owner and the
undersigned fails to execute the necessary contract documents, insurance certificates, and the required
bond (if any) with the Owner within 10 business days after the date of receipt of written notification of
acceptance of said bid; otherwise, said check or bond shall be returned to the undersigned upon
demand.
Bidder understands and agrees that the contract to be executed by Bidder shall be bound and include all contract
documents made available to him for his inspection in accordance with the Notice to Bidders.
Pursuant to Texas Local Government Code 252.043(g), a
competitive sealed bid that has been opened may not be
changed for the purpose of correcting an error in the bid price.
THEREFORE, ANY CORRECTIONS TO THE BID PRICE
MUST BE MADE ON THE BID SUBMITTAL FORM PRIOR
TO BID OPENING.
(Seal if Bidder is a Corporation)
ATTEST:
Secretary
Bidder acknowledges receipt of the following addenda:
Addenda No. 1
Date 6-1-22
Addenda No.
Date
Addenda No.
Date
Addenda No.
Date
June
Authorized Signature
John mcdonald II
(Printed or Typed Name)
Permian Davin
Company
4416 brairwood ave ste 110 #55
Address
Midland
Midland
City,
County
Texas
,79707
State
Zip Code
Telephone: 432-425-1214
Fax:
FEDERAL TAX ID or SOCIAL SECURITY No.
83-3953691
EMAIL: Permianpavinginc@icloud.com
M/WBE Wom n Black American Native American
Firm:
Hispanic sian aci is Other peci
American American
CERTIFICATE OF INTERESTED PARTIES FORM 1295
Soil
Complete NOS. 1 4 and 6 if there We Interested parties
Complete Nos 1 Z 3 5 and 6 If tyre are no Interested parties.
OFFICE USE ONLY
CERTIFICATION OF FILING
Certificate Number-
2022-9008M
Date Filed:
06/17/2022
Daft AWWWWW11194d
i Name of business entity filing form, and the city, state and country of the business entity's place
of business.
permian paving Inc
midland. TX United States
2 Name of qvn"unantal entity or state agency that is a party to the contract for Moth the hwm isF
being filed.
* of lubbock
9 Provide the Identification nurnber used description of the services. goods, od property he governments! � under agonyhe to or Identify the eontrse4 and provide •
ITS 22-16586-KM PARKING LOT
MILL EXIS71NG ASPHALT 5' REPLACE & STRIP
4
Now of Interested Party
ply. Slate. Country (place of business)
Nature of tftetest
(check applicable)
Corm,owng
f
S Check only if there Is NO Interested Party.
X
6 tiNSWORN DECLARA�T/KYN �%
My name Is J G ! /t y A7 Ci 404:me4 W and my date of birth Is
My address is e� 66 -2 lP7aSS C✓CGCV %Jib ! - r f✓ % C, 1d
c•�a ttlnn Was) wp code) tco�mrl
I declare under penalty of perjury that the foregoing Is true and carrea
J
Executed in / " Coun w. State of r I I on the / day or �+y� L 2t1 ��
fmmi trees
Swuwre of audwzed agern of contracftS4siness enaty
tooaarertq
Forms provkIetl by TeXa.S EMICS COmmISSIOn wwwethics state iXAIS Version V1.1 191b5cdc
CERTIFICATE OF INTERESTED PARTIES FORM 1295
1 of 1
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.
2022-900800
permian paving inc
midland, TX United States
Date Filed:
06/17/2022
2
Name of governmental entity or state agency that is a party to the contract for which Re form is
being filed.
city of lubbock
Date Acknowledged:
06/17/2022
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.
ITB 22-16586-KM PARKING LOT
MILL EXISTING ASPHALT 5 " REPLACE & STRIP
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. ❑
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 pe jury 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)
I-orms prowaea Dy Texas Etnics commission www.ethics.state.tx.us Version V1.1.191b5cdc
BOND CHECK
BEST RATING
LICENSED IN TEXAS
DATE BY:
CONTRACT AWARD DATE: June 28, 2022
CITY OF LUBBOCK
SPECIFICATIONS FOR
Parking Lot Repairs at the Lubbock Memorial Civic Center
ITB 22-16586-KM
CONTRACT 16586
PROJECT NUMBER: 92620.8302.30000
Plans & Specifications may be obtained from
https:Hci-lubbock-tx.bonfirehub.com/
City of 1 '
bb o cn
TEXAS
CITY OF LUBBOCK
Lubbock, Texas
Page Intentionally Left Blank
Addenda
City
TEXAS
ADDENDUM I
Revised Specifications
ITB 22-16586-KM
Parking Lot Repairs at the Lubbock Memorial Civic
Center
DATE ISSUED: June 1, 2022
CLOSE DATE: June 8 at 3:00 P.M. CST
The following items take precedence over specifications for the above named Invitation to Bid (ITB).
Where any item called for in the ITB documents is supplemented here, the original requirements, not
affected by this addendum, shall remain in effect.
Revised Specifications:
Please add the following:
Final Completion should be 38 days for final completion and will need to start August 1, 2022 to
September 7, 2022.
All requests for additional information or clarification must be submitted in writing and directed to:
Kiara Morgan, Buyer III
City of Lubbock
Purchasing and Contracts Management Office
1314 Ave K, Floor
Lubbock, Texas 79401
Questions may be emailed to KMorgan@mylubbock.us
Questions are preferred to be posted on Bonfire: https://ci-lubbock-
tx.bonfirehub. com/portal/?tab=openOpportunities
THANK YOU,
u
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 bids. It shall be the bidder'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.
1. NOTICE TO BIDDERS
2. GENERAL INSTRUCTIONS TO BIDDERS
3. BID SUBMITTAL — (must be submitted by published due date & time)
3-1. UNIT PRICE BID SUBMITTAL FORM
3-2. CITY OF LUBBOCK REFERENCE FORM
3-3. CITY OF LUBBOCK INSURANCE REQUIREMENT AFFIDAVIT
3-4. SAFETY RECORD QUESTIONNAIRE
3-5. SUSPENSION AND DEBARMENT CERTIFICATION
3-6. PROHIBITION ON CONTRACTS WITH COMPANIES BOYCOTTING ISRAEL
VERIFICATION
4. LIST OF SUB -CONTRACTORS
5. PAYMENT BOND
6. PERFORMANCE BOND
7. CERTIFICATE OF INSURANCE
8. CONTRACT
9. CONFLICT OF INTEREST QUESTIONNAIRE CHAPTER 176
10. CHAPTER 46. DISCLOSURE OF INTERESTED PARTIES
11. GENERAL CONDITIONS OF THE AGREEMENT
12. DAVIS BACON WAGE DETERMINATIONS
13. SPECIAL CONDITIONS (IF APPLICABLE)
14. SPECIFICATIONS
2
Page Intentionally Left Blank
NOTICE TO BIDDERS
Page Intentionally Left Blank
City of
Lubbock
TEXAS
ITB 22-16586-KM
Parking Lot Repairs at the Lubbock
Memorial Civic Center
1. NOTICE TO BIDDERS
1.1. Bidders may submit responses electronically by uploading required documents at the City of
Lubbock's partner website, Bonfire. This Invitation to Bid is for your convenience in submitting a
bid for the specified project. 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. Bids 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 on June 8, 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 bids 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: hgps:Hzoom.us/1/91536954900?pwd=Sy9YYUVyYTJMREdtbWovcXRBR3hgZzO9
Meeting ID: 915 3695 4900
Passcode: 1314
1.4. It is the sole responsibility of the bidder to ensure that his bid is actually received by 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 bid received after the date and hour specified will be rejected and
returned unopened to the bidder.
1.5. Mailing of a bid does not ensure that the bid will be delivered on time or delivered at all. If bidder
does not hand deliver bid, we suggest that he/she use some sort of delivery service that provides a
receipt. The City of Lubbock assumes no responsibility for errant delivery of bids, including those
relegated to a courier agent who fails to deliver in accordance with the time and receiving point
specified.
1.6. Although bids may be submitted electronically, hard copy bids will be accepted in person, by United
States Mail, by United Parcel Service, or by private courier service. THE CITY WILL NOT ACCEPT
FAX BIDS.
1.7. Bids may be withdrawn prior to the above scheduled time set for closing. Alteration made before ITB
opening must be initialed by bidder guaranteeing authenticity.
1.8. Bids are due at 3:00 PM on June 8, 2022, and the City of Lubbock Council members will consider
the bids on June 28, 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 bids and waive any
formalities. The successful bidder will be required to furnish a performance bond in accordance with
Chapter 2253, Government Code, in the amount of 100% of the total contract price in the event that
said contract price exceeds $100,000 and the successful bidder will be required to furnish a payment
bond in accordance with Chapter 2253, Government Code, in the amount of 100% of the total contract
price in the event that said contract price exceeds $50,000. Said statutory bonds 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. The estimated budget for this project is $275,000.
1.12. Bidders are required, whether or not a payment or performance bond is required, to submit a cashier's
or certified check issued by a bank satisfactory to the City of Lubbock, or a 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 bidder will enter
into a contract and execute all necessary bonds within ten (10) business days after notice of award of
the contract to the bidder. FAILURE OF THE BIDDER TO INCLUDE BID SECURITY WITH
THE BID SUBMITTAL SHALL CONSTITUTE A NONRESPONSIVE BID AND RESULT IN
DISQUALIFICATION OF THE BID SUBMITTAL.
1.13. 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 https://ci-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.
1.14. It shall be each bidder's sole responsibility to inspect the site of the work and to inform bidder
regarding all local conditions under which the work is to be done. It shall be understood and agreed
that all such factors have been thoroughly investigated and considered in the preparation of the bid
submitted.
2. PRE -BID MEETING
2.10. For the purpose of familiarizing bidders with the requirements, answering questions, and issuing
addenda as needed for the clarification of the Invitation to Bid (ITB) documents, a non -mandatory
pre -bid meeting will be held June 1, 2022 at 10:00 a.m., via teleconference. The Zoom meeting
information is as follows:
Website: https://zoom.us/j/95680873286?pwd=a05XNFVOVOtmbTRkWGc3MWJoU2Vvdz09
Meeting ID: 956 8087 3286
Passcode: 1314
2.11. All persons attending the meeting will be asked to identify themselves and the prospective bidder they
represent.
2.12. It is the bidder's responsibility to attend the pre -bid meeting though the meeting is not mandatory. The
City will not be responsible for providing information discussed at the pre -bid meeting to bidders who
do not attend the pre -bid meeting.
3. Attention of each bidder is particularly called to the schedule of general prevailing rate of per diem wages
included in the contract documents on file in the office of the Purchasing and Contract Management Office
of the City of Lubbock, which document is specifically referred to in this notice to bidders. Each bidders
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.
4. The City of Lubbock hereby notifies all bidders that in regard to any contract entered into pursuant to this
advertisement, minority and women business enterprises will be afforded equal opportunities to submit bids
in response to this invitation and will not be discriminated against on the grounds of race, color, sex, disability,
or national origin in consideration for an award.
5. 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 BIDDERS
Page Intentionally Left Blank
GENERAL INSTRUCTIONS TO BIDDERS
1. BIDDER INQUIRIES AND CLARIFICATION OF REQUIREMENTS
1.1 It is the intent and purpose of the City of Lubbock that this request permit competitive bids. It shall be
the bidder's responsibility to advise the Purchasing and Contract Management Office if any language,
requirements, etc., or any combinations thereof, inadvertently restricts or limits the requirements stated
in this ITB to a single source. Such notification must be submitted in writing and must be received by
the City of Lubbock Purchasing and Contract Management Office no later than five (5) calendar days
before the bid closing date. A review of such notifications will be made.
1.2 NO BIDDER SHALL REQUEST ANY INFORMATION VERBALLY. ALL REQUESTS FOR
ADDITIONAL INFORMATION OR CLARIFICATION CONCERNING THIS INVITATION
TO BID (ITB) MUST BE SUBMITTED IN WRITING NO LATER THAN FIVE (5) CALENDAR
DAYS PRIOR TO THE BID CLOSING DATE AND ADDRESSED TO:
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
2. TIME AND ORDER FOR COMPLETION
2.1 The construction covered by the contract documents shall be substantially completed within 30 Days
from the date specified in the Notice to Proceed issued by the City of Lubbock to the successful bidder.
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 TWO (2) years from date of final acceptance of the work as a result of defective materials
or workmanship, at no cost to the Owner (City of Lubbock).
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. BID AWARD
4.1 The City of Lubbock reserves the right to reject any or all bids, reject any particular item on a bid, and
to waive immaterial formalities and to accept the offer most advantageous to the City of Lubbock in its
sole discretion. Unless otherwise specified herein, the City shall award the bid based on the total bid for
Bid Items 1 through 6 plus the sum of any Alternate Bids or Options the City may select.
4.2 All bids are evaluated for compliance with specifications before the bid price is considered. Response
to specifications is primary in determining the best low bid. Failure to comply with the specifications
may result in disqualification of the bid.
4.3 In case of tie bids, preference will be given to local bidders. Consistent and continued tie bidding may
be cause for rejection of bids by the City of Lubbock and/or investigation by the Attorney General to
determine possible Anti -Trust violations.
4.4 Before the City may award a bid to a nonresident bidder, the nonresident bidder's bid must be lower than
lowest bid submitted by a responsible Texas bidder by the same margin or amount that a Texas bidder
would be required to underbid the nonresident bidder in the nonresident bidders' home state.
4.5 Any contract made, or purchase order issued, as a result of this Invitation to Bid, shall be entered into the
State of Texas and under the laws of the State of Texas. In connection with the performance of work,
the Bidder agrees to comply with the Fair Labor Standard Act, Equal Opportunity Employment Act, and
all other applicable Federal, State, and Local laws, regulations, and executive orders to the extent that the
same may be applicable.
4.6 NO INDIVIDUAL OF ANY USING DEPARTMENT HAS THE AUTHORITY TO LEGALLY
AND/OR FINANCIALLY COMMIT THE CITY TO ANY CONTRACT, AGREEMENT OR
PURCHASE ORDER FOR GOODS OR SERVICES, UNLESS SPECIFICALLY SANCTIONED
BY THE REQUIREMENTS OF THIS INVITATION TO BID.
GENERAL INSTRUCTIONS TO BIDDERS
(Continued)
5. ADDENDA & MODIFICATIONS
5.1 Any changes, additions, or clarifications to the ITB are made by ADDENDA information available over
the Internet at https:Hci-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 bidder in doubt as to the true meaning of any part of the specifications or other documents may
request an interpretation thereof from the Purchasing and Contract Management Office. At the request
of the bidder, or in the event the Purchasing and Contract Management Office deems the interpretation
to be substantive, the interpretation will be made by written addendum issued by the Purchasing and
Contract Management Office. Such addenda issued by the Purchasing and Contract Management Office
will be available over the Internet at hops://ci-lubbock-tx.bonfirehub.com/portal/ and will become part
of the bid package having the same binding effect as provisions of the original ITB. NO VERBAL
EXPLANATIONS OR INTERPRETATIONS WILL BE BINDING. In order to have a request for
interpretation considered, the request must be submitted in writing and must be received by the City of
Lubbock Purchasing and Contract Management Office no later than five (5) calendar days before the bid
closing date.
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 amendment or interpretation that is not in writing. Only information
supplied by the City of Lubbock Purchasing and Contract Management Office in writing or in this ITB
should be used in preparing bid responses. All contacts that a bidder may have had before or after receipt
of this ITB with any individuals, employees, or representatives of the City and any information that may
have been read in any news media or seen or heard in any communication facility regarding this bid
should be disregarded in preparing responses.
5.4 The City does not assume responsibility for the receipt of any addendum sent to bidders.
6. EXAMINATION OF DOCUMENTS AND REQUIREMENTS
6.1 Each bidder shall carefully examine all ITB documents and thoroughly familiarize itself with all
requirements before submitting a bid to ensure that their bid meets the intent of these specifications.
6.2 Before submitting a bid, each bidder shall be responsible for making all investigations and examinations
that are necessary to ascertain conditions and requirements affecting the requirements of this Invitation
to Bid. Failure to make such investigations and examinations shall not relieve the bidder from obligation
to comply, in every detail, with all provisions and requirements of the Invitation to Bid.
6.3 Notices of any discrepancies or omissions in these plans, specifications, or contract documents, shall
be given to the Purchasing and Contract Management Office and a clarification obtained before
the bids are received, and if no such notice is received by the Purchasing and Contract Management
Office prior to the opening of bids, then it shall be deemed that the bidder fully understands the
work to be included and has provided sufficient sums in its bid to complete the work in accordance
with these plans and specifications. If bidder does not notify Purchasing and Contract
Management Office before bidding of any discrepancies or omissions, then it shall be deemed for
all purposes that the plans and specifications are sufficient and adequate for completion of the
project. It is further agreed that any request for clarification must be submitted no later than five
(5) calendar days prior to the bid closing date.
7. BID PREPARATION COSTS
7.1 Issuance of this ITB does not commit the City of Lubbock, in any way, to pay any costs incurred in the
preparation and submission of a bid.
7.2 The issuance of this ITB 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 bid shall be paid by the bidder.
8. TRADE SECRETS, CONFIDENTIAL INFORMATION AND THE TEXAS PUBLIC INFORMATION
ACT
8.1 If you consider any portion of your bid to be privileged or confidential by statute or judicial decision,
including trade secrets and commercial or financial information, clearly identify those portions.
8.2 The City of Lubbock will honor your notations of trade secrets and confidential information and decline
to release such information initially, but please note that the final determination of whether a particular
portion of your bid is in fact a trade secret or commercial or financial information that may be withheld
from public inspection will be made by the Texas Attorney General or a court of competent jurisdiction.
In the event a public information request is received for a portion of your bid that you have marked as
being confidential information, you will be notified of such request and you will be required to justify
your legal position in writing to the Texas Attorney General pursuant to Section 552.305 of the
Government Code. In the event that it is determined by opinion or order of the Texas Attorney General
or a court of competent jurisdiction that such information is in fact not privileged and confidential under
Section 552.110 of the Government Code and Section 252.049 of the Local Government Code, then such
information will be made available to the requester.
8.3 Marking your entire bid CONFIDENTIAL/PROPRIETARY is not in conformance with the Texas Open
Records 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.govqa.us/WEBAPP/_rs/(S(quiyirflbtihahjny, cegwpcs))/SLaPportHome.aspx
8.5 For more information, please see the City of Lubbock Public Information Act website at:
https://ci.lubbock.tx.us/pages/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 bidder
is or may be required to pay.
10. UTILIZATION OF LOCAL BUSINESS RESOURCES
10.1 Prospective bidders are strongly encouraged to explore and implement methods for the utilization of local
resources, and to outline in their bid submittal how they would utilize local resources.
11. CONFLICT OF INTEREST
11.1 The bidder shall not offer or accept gifts or anything of value nor enter into any business arrangement
with any employee, official or agent of the City of Lubbock.
11.2 By signing and executing this bid, the bidder certifies and represents to the City the bidder has not offered,
conferred or agreed to confer any pecuniary benefit or other thing of value for the receipt of special
treatment, advantage, information, recipient's decision, opinion, recommendation, vote or any other
exercise of discretion concerning this bid.
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 fled 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:
s://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 bidders shall be thoroughly familiar with all of the requirements set forth on the contract documents
for the construction of this project and shall be responsible for the satisfactory completion of all work
contemplated by said contract documents.
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
hops://www.ethics.state.tx.us/whatsnew/elf_ info_forml295.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 BIDDERS
14.1 It is the intent of the City of Lubbock that all parties with an interest in submitting a bid on the project
covered by the contract documents be given a reasonable opportunity to examine the documents and
prepare a bid without charge or forfeiture of deposit. The contract documents may be examined without
charge as noted in the Notice to Bidders.
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 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 bids have been opened and before the contract has been awarded, to require
of a bidder the following information:
19.1.1 The experience record of the bidder showing completed jobs of a similar nature to the one
covered by the intended contract and all work in progress with bond amounts and percentage
completed.
19.1.2 A sworn statement of the current financial condition of the bidder.
19.1.3 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 cut or damaged by Contractor during the prosecution of the work
contemplated by this contract shall be repaired immediately by Contractor to the satisfaction of the City
of Lubbock, Texas, at Contractor's expense.
22. BARRICADES AND SAFETY MEASURES
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 unless written permission to do so is obtained by the
Contractor from the City. In all cases where written permission is obtained for the use of explosives, the
Contractor shall assume full responsibility for all damage, which may occur as a direct or indirect result
of the blasting. In addition, in all cases where explosives are authorized to be used, the Contractor shall
use utmost care so as not to endanger life or property and the Contractor shall further use only such
methods as are currently utilized by persons, firms, or corporations engaged in similar type of
construction activity.
23.2 Explosive materials shall not be stored or kept at the construction site by the Contractor.
23.3 In all cases where explosives are to be used during the construction of the project contemplated by this
contract, it shall be the duty of the Contractor to notify each utility company having structures (above or
below the ground) in proximity to the site of the work of Contractor's intention to use explosives, and
such notice shall be given sufficiently in advance to enable the companies to take such steps as they may
deem necessary to protect their property from injury. Such notice, however, shall not relieve the
Contractor of responsibility for any damage resulting from his blasting operations.
24. CONTRACTOR'S REPRESENTATIVE
24.1 The successful bidder shall be required to have a responsible local representative available at all times
while the work is in progress under this contract. The successful bidder shall be required to furnish the
name, address and telephone number where such local representative may be reached during the time
that the work contemplated by this contract is in progress.
25. INSURANCE
25.1 The Contractor shall not commence work under this contract until he has obtained all insurance as
required in the General Conditions of the contract documents, from an underwriter authorized to do
business in the State of Texas and satisfactory to the City. Proof of coverage shall be furnished to the
City and written notice of cancellation or any material change will be provided ten (10) days in advance
of cancellation or change. All policies shall contain an agreement on the part of the insurer waiving the
right to subrogation. The Contractor shall procure and carry at his sole cost and expense through the life
of this contract, insurance protection as hereinafter specified. Coverage in excess of that specified herein
also shall be acceptable. Such insurance shall be carried with an insurance company authorized to
transact business in the State of Texas and shall cover all operations in connection with this contract,
whether performed by the Contractor or a subcontractor, or separate policies shall be provided covering
the operation of each subcontractor. A certificate of insurance specifying each and all coverages shall be
submitted before contract execution.
25.2 PROOF OF COVERAGE SHALL BE FURNISHED TO THE CITY OF LUBBOCK IN THE FORM
OF A CERTIFICATE OF INSURANCE. THE INSURANCE CERTIFICATES FURNISHED SHALL
NAME THE CITY OF LUBBOCK AS 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.
26. LABOR AND WORKING HOURS
26.1 Attention of each bidder is particularly called to the schedule of general prevailing rate of per diem wages
included in these contract documents. The wage rate that must be paid on this project shall not be less
than specified in the schedule of general prevailing rates of per diem wages as above mentioned. The
bidders' attention is further directed to the requirements of Texas Government Code, Chapter 2258,
Prevailing Wage Rates providing for the payment of the wage schedules above mentioned and the
bidder's obligations thereunder. The inclusion of the schedule of general prevailing rate of per diem
wages in the contract documents does not release the Contractor from compliance with any wage law
that may be applicable. Construction work under the contract requiring an inspector shall not be
performed on weekends or holidays unless the following conditions exist:
26.1.1 The project being constructed is essential to the City of Lubbock's ability to provide the
necessary service to its citizens.
26.1.2 Delays in construction are due to factors outside the control of the Contractor. The
Contractor is approaching the penalty provisions of the contract and Contractor can show he
has made a diligent effort to complete the contract within the allotted time.
26.1.3 Before construction work requiring an inspector is to be performed on Sunday or holidays,
the Contractor must notify the Owner's Representative not less than three full working days
prior to the weekend or holiday he desires to do work and obtain written permission from the
Owner's Representative to do such work. The final decision on whether to allow construction
work requiring an inspector on Sunday or holidays will be made by the Owner's
Representative.
26.2In 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 ($60) for each laborer, workman, or mechanic employed for each calendar day, or portion thereof,
such laborer, workman or mechanic is paid less than the wages assigned to his particular classification
as set forth in the schedule of general prevailing rate of per diem wages included in these contract
documents.
28. PROVISIONS CONCERNING ESCALATION CLAUSES
28.1 Bids submitted containing any conditions which provide for changes in the stated bid price due to
increases or decreases in the cost of materials, labor or other items required for the project will be rejected
and returned to the bidder without being considered.
29. PREPARATION FOR BID
29.1 The bidder shall submit his bid on forms furnished by the City, and all blank spaces in the form shall be
correctly filled in, stating the price in numerals for which he intends to do the work contemplated or
furnish the materials required. Such prices shall be written in ink, distinctly and legibly, or typewritten.
In case of discrepancy between the unit price and the extended total for a bid item, the unit price will be
taken. A bid that has been opened may not be changed for the purpose of correcting an error in the bid
price.
29.2 If the bid is submitted by an individual, his name must be signed by him or his duly authorized agent. If
a bid is submitted by a firm, association, or partnership, the name and address of each member must be
given and the bid signed by a member of the firm, association or partnership, or person duly authorized.
If the bid is submitted by a company or corporation, the company or corporate name and business address
must be given, and the bid signed by an official or duly authorized agent. Powers of attorney authorizing
agents or others to sign bids must be properly certified and must be in writing and submitted with the
bid.
29.3 Pursuant to Texas Local Government Code 252.043(g), a competitive sealed bid that has been opened
may not be changed for the purpose of correcting an error in the bid price. THEREFORE, ANY
CORRECTIONS TO THE BID PRICE MUST BE MADE ON THE BID SUBMITTAL FORM PRIOR
TO BID OPENING.
29.4 Bid submittals may be withdrawn and resubmitted at any time before the time set for opening of the bids,
but no bid may be withdrawn or altered thereafter.
30. BOUND COPY OF CONTRACT DOCUMENTS
30.1 Bidder understands and agrees that the contract to be executed by bidder shall be bound and will include
the following:
(a) Notice to Bidders.
(b) General Instructions to Bidders.
(c) Bidder's Submittal.
(d) Statutory Bonds (if required).
(e) Contract Agreement.
(f) General Conditions.
(g) Special Conditions (if any).
(h) Specifications.
(i) Insurance Certificates for Contractor and all Sub -Contractors.
(j) All other documents made available to bidder for his inspection in accordance with the
Notice to Bidders.
29.2 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. OUALIFICATIONS OF BIDDERS
31.1 The bidder may be required before the award of any contract to show to the complete satisfaction of the
City of Lubbock that it has the necessary facilities, ability, and financial resources to provide the service
specified therein in a satisfactory manner. The bidder may also be required to give a past history and
references in order to satisfy the City of Lubbock about the bidder's qualifications. The City of Lubbock
may make reasonable investigations deemed necessary and proper to determine the ability of the bidder
to perform the work, and the bidder shall furnish to the City of Lubbock all information for this purpose
that may be requested. The bidder's bid may be deemed not to meet specifications or the bid may be
rejected if the evidence submitted by, or investigation of, the bidder fails to satisfy the City of Lubbock
that the bidder is properly qualified to carry out the obligations of the contract and to complete the work
described therein. Evaluation of the bidder's qualifications shall include:
(a) The ability, capacity, skill, and financial resources to perform the work or provide the
service required.
(b) The ability of the bidder to perform the work or provide the service promptly or within the
time specified, without delay or interference.
(c) The character, integrity, reputation, judgment, experience, and efficiency of the bidder.
(c) The quality of performance of previous contracts or services.
(d) The safety record of the Contractor and proposed Sub -Contractors
31.2 Before contract award, the recommended contractor for this project may be required to show that he has
experience with similar projects that require the Contractor to plan his work efforts and equipment needs
with City of Lubbock specifications in mind. Demonstration of experience shall include a complete list
of ALL similar municipal and similar non -municipal current and completed projects for the past three
(3) years for review. This list shall include the names of supervisors and type of equipment used to
perform work on these projects. In addition, the Contractor may be required to provide the name(s) of
supervisor(s) that will be used to perform work on this project in compliance with City of Lubbock
specifications herein.
32. PLANS FOR THE CONTRACTOR
32.1 The contractor will, upon written request, be furnished up to five sets of plans and specifications and
related contract documents for use during construction. Plans and specifications for use during
construction will only be furnished directly to the Contractor. The Contractor shall then distribute copies
of plans and specifications to suppliers, subcontractors or others, as required for proper prosecution of
the work contemplated by the Contractor.
33. ANTI -LOBBYING PROVISION
33.1 DURING THE PERIOD BETWEEN THE BID CLOSE DATE AND THE CONTRACT AWARD,
BIDDERS, INCLUDING THEIR AGENTS AND REPRESENTATIVES, SHALL NOT DIRECTLY
DISCUSS OR PROMOTE THEIR BID WITH ANY MEMBER OF THE LUBBOCK CITY COUNCIL
OR CITY STAFF EXCEPT IN THE COURSE OF CITY -SPONSORED INQUIRIES, BRIEFINGS,
INTERVIEWS, OR PRESENTATIONS, UNLESS REQUESTED BY THE CITY.
33.2 This provision is not meant to preclude bidders from discussing other matters with City Council members
or City staff. This policy is intended to create a level playing field for all potential bidders, assure that
contract decisions are made in public, and to protect the integrity of the bid process. Violation of this
provision may result in rejection of the bidder's bid.
34. PREVAILING WAGE RATES
34.1 Bidders are required to comply with Texas Government Code, Chapter 2258, Prevailing Wage Rates,
with respect to the payment of prevailing wage rates for the construction of a public work, including a
building, highway, road, excavation, and repair work or other project development or improvement, paid
for in whole or in part from public funds, without regard to whether the work is done under public
supervision or direction. A worker is employed on a public work if the worker is employed by the
contractor or any subcontractor in the execution of the contract for the project
34.2 A worker employed on a public work by or on behalf of the City of Lubbock shall be paid not less than
the general prevailing rate of per diem wages for the work of a similar character in the locality in which
the work is performed, and not less than the general prevailing rate of per diem wages for legal holiday
and overtime work.
34.3 A contractor or subcontractor who violates Texas Government Code Section 2258.023 shall pay to the
City of Lubbock sixty dollars ($60) for each worker employed for each calendar day or part of the day
that the worker is paid less than the wage rates stipulated in the contract.
35. PROTEST
35.1 All protests regarding the ITB 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 ITB 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.
35.2 FAILURE TO PROTEST WITHIN THE TIME ALLOTTED SHALL CONSTITUTE A
WAIVER OF ANY PROTEST.
Page Intentionally Left Blank
BID SUBMITTAL FORM
Page Intentionally Left Blank
June 8 2022
DATE:
BID SUBMITTAL FORM
UNIT PRICE BID CONTRACT
PROJECT NUMBER: ITB 22-16586-KM, Parking Lot Repairs at the Lubbock Memorial Civic Center
Bid of Permian paving inc (hereinafter called
Bidder)
To the Honorable Mayor and City Council City of Lubbock, Texas (hereinafter called Owner)
Ladies and Gentlemen:
The Bidder, in compliance with your Invitation to Bid for the construction of the referenced project, having
carefully examined the plans, specifications, instructions to bidders, notice to bidders and all other related
contract documents and the site of the intended work, and being familiar with all of the conditions surrounding
the construction of the intended project including the availability of materials and labor, hereby intends to
furnish all labor, materials, and supplies; and to construct the project in accordance with the plans, specifications
and contract documents, within the time set forth therein and at the price stated.
The bidder binds himself on acceptance of his bid to execute a contract and any required bonds, according to
the accompanying forms, for performing and completing the said work within the time stated and for the prices
stated.
Bidder hereby agrees to commence the work on the above project on a date to be specified in a written "Notice
to Proceed" of the Owner and to substantially complete the project within 30 consecutive calendar days with
final completion of the project within 38 consecutive calendar days as stipulated in the specification and other
contract documents. Bidder hereby further agrees to pay to Owner as liquidated damages in the sum of $25for
each consecutive calendar day after substantial completion and liquidated damages in the sum of $550 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.
Bidder understands and agrees that this bid submittal shall be completed and submitted in accordance with
instruction number 29 of the General Instructions to Bidders.
Bidder understands that the Owner reserves the right to reject any or all bids and to waive any formality in the
bidding.
The Bidder agrees that this bid shall be good and may not be withdrawn for a period of 60 calendar days after
the scheduled closing time for receiving bids.
The undersigned Bidder hereby declares that he has visited the site of the work and has carefully examined the
plans, specifications and contract documents pertaining to the work covered by this bid, and he further agrees
to commence work on or before the date specified in the written notice to proceed, and to substantially complete
the work on which he has bid; as provided in the contract documents.
Bidders are required, whether or not a payment or performance bond is required, to submit a cashier's check or
certified check issued by a bank satisfactory to the City of Lubbock, or a bid bond from a reliable surety
company, payable without recourse to the order of the City of Lubbock in an amount not less than five percent
(5%) of the total amount of the bid submitted as a guarantee that bidder will enter into a contract, obtain all
required insurance policies, and execute all necessary bonds (if required) within 10 business days after notice
of award of the contract to him.
City of Lubbock,
ITB 22-16586-KM
Parking Lot Repairs at the Lubbock Memorial Civic Center
Bid Form
Permian Paving, Inc.
Location Midland, TX
Total Cost $262,132.00
Unit
Quantity of Unit Extended
# Items (+/-) Measure Cost Cost
#1-1 Mobilization - price includes equipment mobilization, Storm Water
Pollution Prevention Plan, Barricades and any incidentals not
described in the Contract.
1
LS
$101,200.00
$101,200.00
#1-2
Patching with Black Base, 3" depth (milling to a depth of 5", with
replacement of 3" Black Base and 2" Type D or C Hot Mix),
including labor, equipment, removal and disposal of asphaltic
4650
SY
32.00
148,800.00
surface, caliche base and sub -grade (if soft or unstable) to a depth of
5" and replacing with 3" of Black Base and 2" Type D Hot Mix.
#1-3
Handicap Emblems
6
EA
50.00
300.00
#1-4
Fire Lane Striping
600
LF
10.00
6,000.00
#1-5
Curb Striping (Top & Side)
60
LF
10.00
600.00
#1-6
Layout and Striping for Parking Stalls
3488
LF
1.50
5,232.00
Enclosed with this bid is a Cashier's Check or Certified Check for
5% Dollars ($ ) or a Bid Bond in the sum of
Dollars ($ ), which it is agreed shall be collected and
retained by the Owner as liquidated damages in the event the bid is accepted by the Owner and the
undersigned fails to execute the necessary contract documents, insurance certificates, and the required
bond (if any) with the Owner within 10 business days after the date of receipt of written notification of
acceptance of said bid; otherwise, said check or bond shall be returned to the undersigned upon
demand.
Bidder understands and agrees that the contract to be executed by Bidder shall be bound and include all contract
documents made available to him for his inspection in accordance with the Notice to Bidders.
Pursuant to Texas Local Government Code 252.043(g), a
competitive sealed bid that has been opened may not be
changed for the purpose of correcting an error in the bid price.
THEREFORE, ANY CORRECTIONS TO THE BID PRICE
MUST BE MADE ON THE BID SUBMITTAL FORM PRIOR
TO BID OPENING.
(Seal if Bidder is a Corporation)
ATTEST:
Secretary
Bidder acknowledges receipt of the following addenda:
Addenda No. 1
Addenda No.
Addenda No.
Addenda No.
June 8th
Authorized Signature
John mcdonald II
(Printed or Typed Name)
Permian paving
Company
4416 brairwood ave ste 110 #55
Address
Midland Midland
City, County
Texas 79707
State Zip Code
Telephone: 432-425-1214
Fax: -
FEDERAL TAX ID or SOCIAL SECURITY No.
Date 6-1-22
Date 83-3953691
Date
Date EMAIL: Permianpavinginc@icloud.com
M/WBE oman Black American ative merican
Firm:
Hispanic Asian Pacific Other peci y
American American
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 otherwise taking any
action that is intended to penalize, inflict economic harm on, or limit commercial relations specifically with
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, maj ority-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
$100,000 or more, Contractor verifies that, pursuant to Texas Government Code Chapter 2274, it does not
boycott energy companies; and will not boycott energy companies during the term of the Agreement. This
verification is not required for an agreement where a governmental entity determines that these requirements
are inconsistent with the governmental entity's constitutional or statutory duties related to the issuance,
incurrence, or management of debt obligations or the deposit, custody, management, borrowing, or investment
of funds.
Agreement Example
Review
This sample Agreement has been reviewed and
(\4 is acceptable
( ) is acceptable as noted
Contractor Acknowledgement
In compliance with this solicitation, the undersigned bidder, having examined the bid documents,
instructions to bidders, documents associated with the invitation to bid, and being familiar with the
conditions to be met has reviewed the above information regarding:
• Insurance Requirements
• Suspension and Debarment Certification
• Texas Government Code Section 2252.152
• Texas Government Code Section 2271.002
• Texas Government Code 2274
An individual authorized to bind the company must sign the following section. Failure to execute this portion
may result in bid rejection.
By signing below, the terms stated have been reviewed and approved.
Company Name: PERMIAN PAVING IN
Signed By:
/ 4 11
Print Name and Title: John mcdonald II. CEO
Date: June 8 2022
Bid Bond
Surety Department
KNOW ALL MEN BY THESE PRESENTS,
That we, Permian Paving Inc., as Principal, hereinafter called the Principal, and the Swiss Re Corporate
Solutions Premier Insurance Corporation, a Corporation created and existing under the laws of the State
of Missouri, whose principal office is in Kansas City, MO, as Surety, hereinafter called the Surety, are held
and firmly bound unto the City of Lubbock, Texas, as Obligee, hereinafter called the Obligee, in the sum of
Five Percent (5 %) of the Greatest Amount Bid Dollars ($ ------ 5 %--------), for the payment of which sum,
well and truly to be made, the said Principal and the said Surety, bind ourselves, our heirs, executors,
administrators, successors and assigns, jointly and severally, firmly by these presents.
Whereas, the Principal has submitted a bid for
e
ITB 22-16586-KM, Parking Lot Repairs at the Lubbock Memorial Civic 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 7 h day of June, 2022.
Attest: Permian Paving Inc.
(Principal)
B B (SEAL)-
y: z R
Witness:
Form S-3266-4 Printed in U.S.A. 12-70
Swiss Re Corporate Solutions
Premier Insurance Corporation
By
---�--
s
SEAL)
Kevin J. Du , Attorney -in -Fact
` s
SWISS RE CORPORATE SOLUTIONS
SWISS RE CORPORATE SOLUTIONS AMERICA INSURANCE CORPORATION F/K/A NORTH AMERICAN SPECIALTY INSURANCE COMPANY ("SRCSAIC")
SWISS RE CORPORATE SOLUTIONS PREMIER INSURANCE CORPORATION F/K/A WASHINGTON INTERNATIONAL INSURANCE COMPANY ('°SRCSPIC")
WESTPORT INSURANCE CORPORATION (" WIC")
GENERAL POWER OF ATTORNEY
KNOW ALL MEN BY THESE PRESENTS, THAT SRCSAIC, a corporation duly organized and existing under laws of the State of Missouri, and
having its principal office in the City of Kansas City, Missouri, and SRCSPIC, a corporation organized and existing under the laws of the State of
Missouri and having its principal office in the City of Kansas City, Missouri, and WIC, organized under the laws of the State of Missouri, and having its
principal office in the City of Kansas City, Missouri, each does hereby make, constitute and appoint:
W. LAWRENCE BROWN, TRACY TUCKER, KEVIN J. DUNN, STEVEN TUCKER and ROBERTA H. ERB
JOINTLY or SEVERALLY
Its true and lawful Attorneys) -in -Fact, to make, execute, seal and deliver, for and on its behalf and as its act and deed, bonds or other writings
obligatory in the nature of a bond on behalf of each of said Companies, as surety, on contracts of suretyship as are or may be required or permitted by
law, regulation, contract or otherwise, provided that no bond or undertaking or contract or suretyship executed under this authority shall exceed the
amount of
ONE HUNDRED TWENTY-FIVE MILLION ($125,000,000.00) DOLLARS
This Power of Attorney is granted and is signed by facsimile under and by the authority of the following Resolutions adopted by the Boards of
Directors of both SRCSAIC and SRCSPIC at meetings duly called and held on the 18th of November 2021 and WIC by written consent of its
Executive Committee dated July 18, 2011.
"RESOLVED, that any two of the President, any Managing Director, any Senior Vice President, any Vice President, the Secretary or any Assistant
Secretary be, and each or any of them hereby is, authorized to execute a Power of Attorney qualifying the attorney named in the given Power of
Attorney to execute on behalf of the Corporation bonds, undertakings and all contracts of surety, and that each or any of them hereby is authorized to
attest to the execution of any such Power of Attorney and to attach therein the seal of the Corporation; and it is
FURTHER RESOLVED, that the signature of such officers and the seal of the Corporation may be affixed to any such Power of Attorney or to
any certificate relating thereto by facsimile, and any such Power of Attorney or certificate bearing such facsimile signatures or facsimile seal shall be
binding upon the Corporation
when so affixed and in the future with regard to any bond, undertaking or contract of surety to which it is attached."
���111M1�iYtl1r1/Irr
t�`+L`,. �`�76. t1 i.�.R//If�rd
t4Y,t`*'4}iJ'���//�/�///
'`, R1'` '''•`'�` Erik Janssens, Senior Vice President of SRCSAIC & Senior Vice President
-=,
SEAL
=. ," of SRCSPIC & Senior Vice President of WIC st
S E A L,
'♦♦ 1973
firr e♦ `� r
SO
r•.,�/ 5' d��,,•`
iKJ�
fff+ •s•�� 4d "ri"`•s♦��'�'-
.,r�/�� ' •-.....��+` Gerald Jagrowsld, Vice President of SRCSAIC & Vice President of SRCSPIC
��,�,�,,,,�,►►;�
'*//,`,r�^x`4��,�*'' & Vice President of WIC
IN WITNESS WHEREOF, SRCSAIC, SRCSPIC, and WIC have caused their official seals to be hereunto affixed, and these presents to be signed by their
authorized officers
this 29TH day of APRIL 2022
Swiss Re Corporate Solutions America Insurance Corporation
State of Illinois Swiss Re Corporate Solutions Premier Insurance Corporation
County of Cook ` Westport Insurance Corporation
On this 29TH day of APRIL 120 22 , before me, a Notary Public personally appeared Erik Janssens , Senior Vice President of SRCSAIC
and Senior Vice President of SRCSPIC and Senior Vice President of WIC and Gerald Jagrowski , Vice President of SRCSAIC and Vice President of
SRCSPIC and Vice President of WIC, personally known to me, who being by me duly sworn, acknowledged that they signed the above Power of Attorney
as officers of and acknowledged said instrument to be the voluntary act and deed of their respective companies.
V,$V 11. lit ti
Yasmin A. Patel, Notary
I, Jeffrey Goldberg, the duly elected Senior Vice President and Assistant Secretary of SRCSAIC and SRCSPIC and WIC, do hereby certify that the above and
foregoing is a true and correct copy of a Power of Attom,ey given by said SRCSAIC and SRCSPIC and WIC, which is still in full force and effect.
IN WITNESS WHEREOF, I have set my hand and affixed the seals of `she Companies this 7th day d June _ , 20 22 .
.}¢ Jeffrey Goldberg, Senior Vice President &
Assistant Secretary of SRCSAIC and
SRCSPIC and WIC
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 firm 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 firnfs 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?
(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:
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 co ' nditional 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 firnfs 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:
Contractor's General Information
Organization Doing Business As
(Y\
V(A V F. it) j ti c/
Business Address of Principle Office
40oq s & a
-[A3a
Telephone Numbers
—4-3 9 P Oq S I a I
Main Number
� 3 I � � �}
Fax Number
Web Site Address
r ty% I c4 Pc- 1)r G. �''
Form of Business (Check One)
A Corporation
A Partnership
An Individual
M5.
Z4
a - 10
q.
1 5 I
WN
Date of Incorporation
M C4 0 q
State of Incorporation
T &cA�
Chief Executive Officer's Name
a ( IJ L o
President's Name
jV & o 0
Vice President's Name(s)
T
40 vC, r A����
Secretary's Name
ktAfiV
Treasurer's Name
--Jem /j
�am W . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ......
Date of Organization
State whether partnership is general or
limited
Name
- - --
Business Address
r U. Ut
-2�
7:5 7,
X. 0 rati . . . . . . . . . ...
Average Number of Current Full Time
EDpl2yees0 9%
-77
Average Estimate of Revenue for the7
I I? Current Year
77777�
I�;fi'
Contractor's Organizational Experience
/01
Organization Doing Business As
y I oG
v �,
(A f)71
Business Address of Regional Office
r
®
Name of Regional Office Manager
f
G -1 (A
Telephone Numbers
Main Number
Fax Number
Web Site Address
Zr m ailh ,77777.
7777.
s
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:
NqsRes of Organization
From Date
To Bate
L�rcl I I Z.%-V% �rD ).2 (16
-J CAr*
U
List of companies, firms or organizations that own any part of the organization.
Name of companies, firms or organization
Percent Ownership
0\ ali F".flti 1
it Q 91
•!F W.-
.,.d r�r.!'C;ax(' "i• frd �.;�.',�-..kir�:'i i•'�-n^,S��iC����.3 .(f:.".d=?'i.'�r'.aft:Xfi.��+A":7x..r..�t..--
�.... Mr,.v` Cutt . .r?m✓1': Y.."''1UN?e.:fi �t �Nr�w�E!s1 SS?•T
Years,��,,'c-'
experience in projects similar to the proposed project: go
As a General Contractor
1
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?
Al 0
If yes provide full details in a separate attachment. See attachment No.
A/0
Has this or a predecessor organization been released from a bid or proposal in the past ten years?
A/0
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 aency within the last five ears?
/VO
If yes provide full details in a separate attachment. See attachment No.
)U0
Is this organization or your proposed surety currently in any litigation or contemplating
liti ation .
If yes provide full details in a separate attachment. See attachment No.
Iva
Has this or a predecessor organization ever refused to construct or refused to provide materials
defined in the contract documents?
If yes provide full details in a separate attachment. See attachment No.
Contractor's Proposed Key Personnel
Organization Doing Business As
'i (�
:1 3* :pp• ..P• : i 't\}t, i> ,+�, 'gyw{S ✓ • L 3! i 7''r A �q�jkilt� ,''�i , , " "i r•�� ^ 'a2•i4'ht'-
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.
JU N G � 11
I G SiY ham,
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.
e ' •
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 assigment should also be included.
Role
Primary Candidate
Alternate Candidate
Project ManagerJoLl
J M6000110
I 1
Project Superintendent
4
Project Safety Officer
501 Mel
Quality Control Manager
64.1)76
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
T�Mcan e
Name of Individual
J 0 /-Kh
Years of Experience as Project Manager
1� Wr
Years of Experience with this organization
*(0 f r
Number of similar projects as Project Manager
0(0 YC
Number of similar projects in other positions
Current Project Assignments
Name of Assignment
Percent of Time Used for
this Project
Estimated Project
Completion Date
�'1 Ge �� Sc r-GPj
OQ
AV,.I I 60Gk-..
A ! I n V, S G b G I
el C��
Mon
1 110 9,�70 /C
Reference Contact
jnf?�ation (liqT'S names indicates a
royal to contacting the names individuals as a reference)�
Name
11100 6 e) 0 10 1
Name
() ioie A &/%,I
Title/ Position
-,I.-.i-AL-
Y&S t V, T
Title/ Position
&(.42 Zt ^ 7 e, r—
Organization
ib r /-" n 0 0
gEganization
oar, jo CCe(Jo7v�
Tel hone
14 A I V PO
Telephone
E-mail
E-mail
Project
Project
Candidate role on
Project
Pvocl-
Candidates role
on Project
Ot.-VO10 cc -
I ernate Candii,te
Name of Individual
Years of Experience as Project Manager
Years of Experience with this organization
Number of similar projects as Project Manager
Number of similar projects in other positions
Current Project Assignments
Name of Assignment
Percent of Time Used for
this Project
Estimated Project
Completion Date
loff=
Name
............
Name
Title/ Position
Title/ Position
grganization
Organization
Telephone
Telephone
E-mail
E-mail
PLoject
Ct
Candidate role on
Fro' ect
Candidate role on
Proje...,
Proposed Project Superintendent
Organization Doing Business As
rimary C
P'.
Name of Individual
Years of Experience as Project Superintendent
Years of Experience with this organization
Number of similar projects as Superintendent
Number of similar projects in other positions
Current Project Assignments
Name of Assignment
Percent of Time Used for
this Project
Estimated Project
Com letion Date
Reference Contact
Information (listing names indicates a roval to contacting the
names individuals as a reference
Name
Name
Title/ Position
Title/ Position
Organization
Organization
Telephone
Telephone
E-mail
E-mail
PLOject
PLoject
Candidate role on
Pro' ect
Candidate role on
I Project
Name of individual
Years of Experience as Project Superintendent
Years of Experience with this organization
Number of similar projects as Superintendent
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
W A HV L
rr
Name
7Nepo,
Position
T / ,
Title/ Position
Or ation.
Or anization
Telephone
Telephone
E-mail'
E-mail
PLoject
Project
Candidate role on
Pro' ect,
Candidate role on
Project
Proposed Project Safety Officer Sam 4�
Organization Doing Business As
Name of Individual
Years of Experience as Project Safety Officer
Years of Experience with this organization
Number of similar projects as Safety Officer
Number of similar projects in other positions
Current Project Assignments
Name of Assignment
Percent of Time Used for
this Project
Estimated Proi e ct
Completion Date
Reference Contact
Information (listing names indicates a royal to contacting the
names individuals as a reference
Name
Name
Title/ Position
Title/ Position
Organization
QE&am �zation
Telephone
Telephone
E-mail
E-mail
Fro' ect
Pro' ect
Candidate role on
I Fro' ect
Candidate role on
Project
Alternate Candidate
Name of Individual
Years of Experience as Project Safety Officer
Years of Experience with this organization
Number of similar projects as Safety Officer
Number of similar projects in other positions
Current Project Assignments
Name of Assignment
Percent of Time Used for
this Project
Estimated Project
Completion Date
M .0
Name !7
7�a
Name
Title/ Position
1_1
Title/ Position
Organization
Organization
Telephone
Telephone
E-mail
E-mail
Project
Project
Candidate role on
Pro' ect
J
Candidate role on
Project
Proposed Project Quality Control Manager (AM P06t
Organization Doing Business As
Primary Candidate
Name of Individual
Years of Experience as Quality Control Manager
Years of Experience with this organization
Number of similar projects as Quality Manager
Number of similar projects in other positions
Current Project Assignments
Name of Assignment
Percent of Time Used for
this Project
Estimated Prej ect
CoLnpletion Date
Reference Contact
Information (Kisting names indicates a
roval to contacting the
names individuals as a reference)
Name
Name
Title/ Position
Title/ Position
Organization
OKg * ation.
Tel hone
Telephone
E-mail
E-mail
Project
Project
Candidate role on
Pro' ect
Candidate role on
Pro' ect
Candidate
ri 7--
Name of Individual
Years of Experience as Quality Control Manager
Years of Experience with this organization
Number of similar projects as Quality Manager
Number of similar projects in other positions
Current Project Assigm-nents
Name of Assignment
Percent of Time Used for
this Project
Estimated Project
CoLnpletion Date
'v
Name
IName
Title/ Position
Title/ Position
Organization
2ESanization
TelThone
TelThone
E-mail
E-mail
Pro' ect
Pro' ect
Candidate role on
Pro' ect
Candidate role on
Project
Contractor's Project Experience and Resources
Organization Doing Business As
:fl "? -0A
Provide a list of major projects that are currently underway, or have been completed within the last ten years on
Attachment A
Provide a completed Project Information form (Attachment B) for projects that have been completed in the last five
years which specifically illustrate the or anizations capabilily to provide best value to the Owner for this p!Loject.
Include a completed Project Information form (Attachment B) for projects which illustrate the experience of the
proposed key personnel.
Provide a description of your organizations approach to completing this project to provide best value for the Owner.
Including a description of your approach in the following areas:
1. Contract administration
2. Management of subcontractor and suppliers
3. Time management
4. Cost control
5. Quality management
6. Project site safety
7. Managing changes to the project
8. Managing equipment
9. Meeting HUB MWBE Participation Goal
qyipmept
Provide a list of Lnja*or agu�ment proposed for
use on this pr9ject. Attach Additional Information
if necess
Equipment Item
Primary Use on Project
Own
Will
Bn
Lease
(%
77� Zj
77��
;f- k- § - - ,- ---,
ion an contracto
-P��On 6 Wor_b6tOV ub
What work will the organization copplete using its own resources?
Aii o �i T
What work does the 21ganization propose to subcontract on this project?
o
Contractor's Subcontractors and Vendors
Organization Doing Business As
Provide a list of subcontractors that will provide more than 10 percent of the work aced on contract amounts
Name Work to be Provided Est. Percent HUB
I of Contract I Finn
t/
Provide information on the proposed key personnel, project experience and a description of past relationship and work
e"erience for each subcontractor listed above using the Project Information Forms.
Provide a list of major equipment proposed for use on this pr9ject. Attach Additional Information if neces ary
Furnish Furnish HUBIM
Vendor Name Equipment / Material Provided Only and WBE
Install Firm
AJ 0 AJ 0
Ful
AttarA-A-
au.n6ment A
Current Projects and Project Completed within the last 10 Years
Project Owner 6:� L) 0 Tot Project Name C, e,
General Description of Project: "I I I e,, E/ Cr vcyt
Project Cost p ll/i n Date Project Completed A av
Key Project Personnel Project Manager Project Superintendent Safety Officer Quality Control
IHAI /0&00(1010 o I Manager
Name I I I
Reference Contact Information (listing names indicates approval to contacting the names individuals as a reference)
Name
Title/ Position
Organization
Telephone
E-mail
Owner
K,Ir—
PJ1CkJa
u
Designer
Construction Manager
-77777777 7.
Project Owner C&P Project Name h0& Celli
General Description of Project: J)4r4,5 & I-V<r
--I'Dc,(V,'
Project Cost 1000 Date Project Completed
I
Quality Control
Key Project Personnel Project Manager Project Superintendent Safety Officer Manager
J c) fAilp�k-AJ
Name
Reference Contact Information (listing names indicates approval to contacting the names individuals as a reference)
Name
Title/ Position
Organization
Telephone
E-mail
6-
Owner
Designer
Construction Manager
U EAC% U � t(
CJ Of N100 C4
if 90 90& 04
-7 7
777777=
—V�ne
Project Owner o Project Name C P6
General Description of Project: (A
11 1 Date Project Completed 15
Project Cost lot mi'Ll �CZ�Q
Quality Control
Key Project Personnel Project Manager Project Superintendent Safety Officer Manager
Name
Reference Contact Information (listing names indicates approval to contacting the names 'individuals as a reference)
Name
Title/ Position
Organization
Telephone
E-mail
Owner
Designer
Fconstruction Manager
0
P3
01-A&A -0 Otis
14
Protect Information
Project Owner t) I R '1I Project Name
4
General Description of Project
rp
3 it a
J.
Budget History Schedule Performance
Amount % of Bid Date Days
Amount
-Bid 00 coo Notice to Proceed
Change Orders AJ ok 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 j (it, (,,I
Final Cost Actual / Estimated Final Completion Date
Project Manager Project Sup Safety Officer Quality Control Manager
Name CH /V /11 (011-6 4 /01
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.
v -me -Tim, ne als as a retbre
Qjsting names -nd-icates F' �Iam Yff-
atipn "I . . . . . . . .
Title/ Position
Organization
E-mail
, 120"W04 PATE
Construction Manager
so .e o
Pendxn olu �n �y
7;77777;`
Y' JJ204
Number of Issues
Resolved
Total Amount involved in
Resolved Issues
Number of Issues
Pend' 9
Total Amount involved mi
Resolved Issues
12
City of Lubbock, TX
Purchasing and Contract Management
Similar Projects and Reference Form
Please list three references of current customers who can verify the quality of service your company
provides. The City prefers customers of similar size and scope of work. Please do not use the City of
Lubbock.
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? YES N®
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.
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, dr ft orders, final orders, and judicial final judgments.
YES NO
If the offeror has indicated YES for question number two above, the offeror must provide to City of Lubbock, with its
proposal submission, the following information with respect to each such conviction:
Date of offense or occurrence,, location where offense occurred, type of offense, final disposition of offense, if any,
and penalty assessed.
QUESTION THREE
Has the offeror, or the firm, corporation, partnership, or institution represented by offeror, or anyone acting for such
firm, corporation, partnership, or institution, ever be convicted, within the past ten (10) years, of a criminal offense
which resulted in serious bodily injury or death?
YES NO 7
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.
FITW-34 % �, W M W, �
Provide your company's Experience Modification Rate and supporting information:
ACKNOWLEDGEMENT
THE STATE OF TEXAS
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 fullpermission, and that any misrepresentations or omissions may cause my proposal to be
rejected.
S,&(ature
Title
WORKERS COMPENSATION EXPERIENCE RATING
Risk Name: PERMIAN PAVING INC Risk ID: 421748845
Rating Effective Date: 06/06/2022 Production Date: 02/08/2022 State: TEXAS
42-TEXAS Firm ID: Firm Name: PERMIAN PAVING INC
Carrier: 29939 Policy No. 0002038078 Eff Date: 09/25/2019 Exp Date: 09125/2020
Code ELR D- Payroll Expected Exp Prim Claim Data IJ OF Act Inc Act Prim
Ratio I Losses Losses Losses Losses
52001 .94 .351 32)2841 Subject 3031 106 Total Act Inc
Policy Total: --32,2 Premium: 1,517 Losses: 0
42-TEXAS Firm ID: Firm Name: PERMIAN PAVING INC
Carrier: 29939 Policy No. 0002048564 Eff Date: 06/06/2020 Exp Date: 06/06/2021
Code
ELR
D-
Payroll
Expected
Exp, Prim
Claim Data
IJ
OF
Act Inc
Act Prim
Ratio
Losses
Losses
Losses
Losses
1463
3.431
n
.2n-9
J
210,000
7)203
2,089
Subject
Total Act Inc
Policy Total: 210,000,
Premium: 19,488
Losses: 0
) Copyright 1993-2022, All rights reserved. This product Is comprised of compilations and Information which are the proprietary and exclusive property of the National Council on Compensation Insurance,
ic. (NCCI). No further use, dissemination, sale, transfer, assignment or disposition of this product, In whole or In part, may be made without the prior written consent of NCCI. This product is furnished "As IE
lks available" With all defects' and Includes Information available at the time of publication only. NCCI makes no representations or warranties of any kind relating to the product and hereby expressly
Isclaims any and all express, statutory, or implied warranties, Including the Implied waffenty of merchantability, fitness for a particular purpose, accuracy, completeness, currentness, or correctness of the
roduct or Information contained therein. This product and the Information contained therein are to be used exclusively for underwriting, premium calculation and other Insurance purposes and may not be
sed for any other purpose Including but not limited to safety scoring for project bidding purposes. AM responsibility for the use of and for any and all results derived or obtained through the use of the produc
nd Information are the end user's and NCCI shall not have anv liability thereto.
* Total by Policy Year of all cases $2000 or less. D Disease Loss X Ex -Medical Coverage U USL&HW
C Catastrophic Loss E Employers Liability Loss # Limited Loss Page 2 ®f 2
WORKERS COMPENSATION EXPERIENCE RATING
Risk Name: PERMIAN PAVING INC Risk ID: 421748845
Rating Effective Date: 06/06/2022 Production Date: 02/08/2022 State: TEXAS
State
Wt
Exp Excess
Expected
Exp Prim
Act Exc Losses
Ballast
Act Inc Losses
Act Prim
Losses
Losses
Losses
Losses
TX
.05
5,3111
7,506'F-
211951
01
24,500
01
0
(A)
I (B)l
(C) Exp Excess
(D) Expected
(E) Exp, Prim
(F) Act Exc
(G) Ballast
(H) Act Inc
(1) Act Prim
Wt
Losses (D - E)
Losses
Losses
Losses (H - 1)
Losses
Losses
1-051
1 5,3111
7,5061
2;195_1
01
2405001
01
01
Stabilizing Value
C*(1 -A)+ G
29,545
C*(1 -A)+ G
29,545
FLARAP I SARAP
Ratable Excess
(A) (F)
0
(A) (C)
266
MAARAP
(J)
FK)
Totals
295545
325006
Exp Mod
.92
ICarrier: 29939-000 Policy: 0002048564 Eff-Date: 06-06-2021 Exp-Date: 06-06-20221
0 Copyright 19932022, All rights reserved. This product Is comprised of compilations and Information which are the proprietary and exclusive property of the National Council on Compensation Insurance,
Inc. (NCCI). No further use, dissemination, sale, transfer, assignment or disposition of this product In whole or In part, may be made without the prior written consent of NCCI. This product Is furnished "As le
"As available "With all defects" and includes Information available at the time of publication only. NCCI makes no representations or warranties of any kind relating to the product and hereby expressly
disclaims any and all express, statutory, or Implied warranties, including the Implied warranty of merchantability, fitness for a particular purpose, accuracy, completeness, currentness, or correctness of the
product or Information contained therein. This product and the Information contained therein are to be used exclusively for underwriting, premium calculation and other Insurance purposes and may not be
used for any other purpose Including but not limited to safety scoring for project bidding purposes. All responsibility for the use of and for any and all results derived or obtained through the use of the product
and Information are the end user's and NCCI shall not have any liability thereto.
Page 1 of 2
NON -COLLUSION AFFIDAVIT
STATE OF TEXAS
LUBBOCK COUNTY
John mcdonald II 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. —Provided Driver License"
PERMIAN PAVING INC
Firm
John mcdonald II
Name
)ONA/ H00A/pL1)
Signature
CEO
Title
State Florida County St. Lucie County
Subscribed and sworn to before me this 9th day of
June 2022 �QJ
Mercedez G Robinson��
Notary Public
�\���,,,uuuun,,,,,,
MERCEDEZ G ROBINSON
Notary Public - State of Florida
My Commission Expires: 12/13/2024
C
Commission # HH 83897
9rF,.... _-P���
Expires on December 13, 2024
�" O'.62A '—
Notarized online using audio -video communication
NOTE: THIS FORM MUST BE COMPLETED AND INCLUDED IN WITH THE SUBMISSION
Page Intentionally Left Blank
k 0 lic/
Company Name
1.
2.
3.
4.
5.
6.
7.
S.
9.
10.
11.
12.
13.
14.
15.
16.
PROPOSED LIST OF SUB -CONTRACTORS
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:
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
Pate Intentionally Left Blank
Company Name
1.
2.
3.
4.
5.
6.
7.
8.
9.
10.
11.
12.
13.
14.
15.
16.
ail►allll
Location Services Provided
SUBMITTED BY:
ra, 18, 1
le &M
Minority Owned
Yes No
❑ ❑
❑ ❑
❑ ❑
THIS FORM SHALL BE COMPLETED AND RETURNED NOT LATER THAN SEVEN
BUSINESS DAYS AFTER THE CLOSE DATE WHEN RESPONSES ARE DUE
r n;l Do I&W ilillill J N L 6 la I
Page 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 Permian Paving, Inc. (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 Two Hundred and Sixty -Two Thousand One Hundred and Thirty -Two
Dollars ($262,132.00) 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 2811 day of
June, 2022, to ITB 22-16586-KM Parking Lot Repairs at the Lubbock Memorial Civic 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 2022.
Surety
*By:
(Title)
(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 Permian Paving, Inc. (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 Two Hundred and Sixty -Two Thousand One Hundred and Thirty -Two
Dollars ($262,132.00) 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 28th day of
June, 2022, to ITB 22-16586-KM Parking Lot Repairs at the Lubbock Memorial Civic 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 , 2022.
Surety
* By:
(Title)
(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:
(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.
Pate Intentionally Left Blank
CERTIFICATE OF INSURANCE
Page 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.
Pate Intentionally Left Blank
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.
CONTRACT
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1
1
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Contract 16586
STATE OF TEXAS
COUNTY OF LUBBOCK
THIS AGREEMENT, made and entered into this L8 day ofjlnS, 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 Permian Paving. Inc. of the City of Mill d, County of Midland and the State of
Texas hereinafter termed CONTRACTOR.
WPTNESSETH: 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:
ITB 22-16586-KM Parking Lot Repairs at the Lubbock Memorial Civic 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. Permian Paving- Inc.'s bid dated June & 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 bid submitted therefore, subject to additions and deductions, as provided in the contract documents and to make payment
on account thereof as provided therein.
IN WITNESS WHEREOF, the parties to these presents have executed this agreement in Lubbock, Lubbock County,
Texas in the year and day first above written.
CONTRACTOR:
Permian Paving, Inc.
By:
P ED AME: (/ Al /1'I p n I! l l
TITLE: 1 �rdd G /
COMPLETE ADDRESS:
Permian Paving, Inc.
4416 Brairwood Ave, Ste 110 #55
Midland, TX 79707
ATTEST:
_'0r
Corporate Secretary
CIT
By:
AT7
Garza, City Secretary
AS TO CONTENT:
Center Representative
Name (Printed) Date
MD.ASND FORM:
K lli Leisure, Xwistartt City Attorney
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GENERAL CONDITIONS OF THE AGREEMENT
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GENERAL CONDITIONS OF THE AGREEMENT
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 Permian Paving, Inc. who has agreed to
perform the work embraced in this contract, or their legal representative.
3. OWNER'S REPRESENTATIVE
Whenever the word Owner's Representative or representative is used in this contract, it shall be
understood as referring to, City of Lubbock, or its representative Lisa Thomason, Civic Services
Director, so designated who will inspect constructions; or to such other representatives, supervisors,
architects, engineers, or inspectors as may be authorized by said Owner to act in any particular under
this agreement. Engineers, supervisors or inspectors will act for the Owner under the direction of
Owner's Representative, but shall not directly supervise the Contractor or persons acting on behalf
of the Contractor.
4. CONTRACT DOCUMENTS
The contract's documents shall consist of the Notice to Bidders, General Instructions to Bidders,
Response, Signed Agreement, Statutory Bonds (if required), General Conditions of the Agreement,
Special Conditions of the Agreement (if any), Specifications, Plans, Insurance Certificates, and all
other documents made available to Bidder for inspection in accordance with the Notice to Bidders.
The above described materials are sometimes referred to herein as the "contract" or "contract
documents".
5. INTERPRETATION OF PHRASES
Whenever the words "Directed," "Permitted," "Designated," "Required," "Considered Necessary,"
"Prescribed," or words of like import are used, it shall be understood that the direction, requirement,
permission, order, designation or prescription of the Owner's Representative is intended; and
similarly, the words "Approved," "Acceptable," "Satisfactory," or words of like import shall mean
approved by or acceptable or satisfactory to the Owner's Representative.
6. SUBCONTRACTOR
The term Subcontractor, as employed herein, includes only those having a direct contract with the
Contractor for 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.
8. CONTRACTOR'S RESPONSIBILITIES
Unless otherwise stipulated, the Contractor shall provide and pay for all materials, supplies,
machinery, equipment, tools, superintendence, labor, insurance, and all water, light, power, fuel,
transportation and all other facilities necessary for the execution and completion of the work covered
by the contract documents. Unless otherwise specified, all materials shall be new and both
workmanship and materials shall be of a good quality. The Contractor shall, if required, furnish
satisfactory evidence as to the kind and quality of materials. Materials or work described in words
which so applied have well known, technical or trade meaning shall be held to refer such recognized
standards.
All work shall be done and all materials furnished in strict conformity with the contract documents.
9. SUBSTANTIALLY COMPLETED
The term "Substantially Completed" is meant that the structure or project contemplated by the
contract documents has been made suitable for use or occupancy or the facility is in a condition to
serve its intended purpose, but still may require minor miscellaneous work and adjustment.
10. LAYOUT
Except as specifically provided herein, the Contractor shall be responsible for laying out all work
and shall accomplish this work in a manner acceptable to the Owner's Representative. The Owner's
Representative will check the Contractor's layout of all major structures and any other layout work
done by the Contractor at Contractor's request, but this check does not relieve the Contractor of the
responsibility of correctly locating all work in accordance with the Plans and Specifications.
11. KEEPING OF PLANS AND SPECIFICATIONS ACCESSIBLE
The Contractor shall be furnished five 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.
20. SANITATION
Necessary sanitary conveniences for the use of laborers on the work site, properly secluded from
public observation, shall be constructed and maintained by the Contractor in such manner and at
such points as shall be approved by the Owner's Representative and their use shall be strictly
enforced.
21. OBSERVATION AND TESTING
The 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
WnFXA-MTTV
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.
Commercial General Liability Requirements: $2,000,000 occurrence / $4,000,000 aggregate (can
be combined with an Excess Liability to meet requirements). CGL is required in ALL contracts. It
is perhaps the most important of all insurance policies in a contractual relationship. It insures the
Contractor has broad liability coverage for contractual activities and for completed operations.
Commercial General Liability Heavy Equipment Endorsement: Heavy equipment endorsement is
required
Automobile Liability Requirements: $1,000,000/occurrence is needed
Builder's Risk Requirements: Builder's Risk Insurance is needed for this project, and at a minimum,
the insurance should cover the full insurable value of the improvements.
Workers Compensation Requirements: Statutory. If the vendor is an independent contractor with no
employees and are exempt from providing Workers' Compensation coverage, they must sign a
waiver (obtained from COL Purchasing) and include a copy of their driver's license.
* The City of Lubbock (including its officials, employees and volunteers) shall be afforded
additional insured status on a primary and non-contributory basis on all liability policies
except professional liabilities and workers' comp.
* Waivers of Subrogation are required for CGL, AL, and WC.
* To Include Products of Completed Operations endorsement.
* Carrier will provide a 30-day written notice of cancellation, 10-day written notice for non-
payment.
* Carriers must meet a A.M. Best rating of A- or better.
* Subcontractors must carry same limits as listed above.
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 foodibeverage vendors, office supply deliveries, and delivery of portable
toilets.
2. The Contractor shall provide coverage, based on proper reporting of classification
codes and payroll amounts and filing of any coverage agreements, which meets the
statutory requirements of Texas Labor Code, Section 401.011(44) for all employees
of the contractor providing services on the project, for the duration of the project.
The Contractor must provide a certificate of coverage to the governmental entity prior
to being awarded the contract.
4. If the coverage period shown on the Contractor's current certificate of coverage ends
during the duration of the project, the Contractor must, prior to the end of the
coverage period, file a new certificate of coverage with the governmental entity
showing that coverage has been extended.
5. The Contractor shall obtain from each person providing services on the project, and
provide to the governmental entity:
(a) a certificate of coverage, prior to that person beginning work on the project,
so the governmental entity 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.
6 The Contractor shall retain all required certificates of coverage for the duration of the
project and for one year thereafter.
7. The Contractor shall notify the governmental entity in writing by certified mail or
personal delivery, within 10 days after the Contractor knew or should have known,
of any change that materially affects the provision of coverage of any person
providing services on the project.
8. The Contractor shall post on each project site a notice, in the text, form and manner
prescribed by the Texas Workers' Compensation Commission, informing all persons
providing services on the project that they are required to be covered, and stating how
a person may verify coverage and report lack of coverage.
9. The Contractor shall contractually require each person with whom it contracts to
provide services on the project, to:
(a) provide coverage, based on proper reporting of classification codes and
payroll amounts and filing of any coverage agreements, which meets the
statutory requirements of Texas Labor Code, Section 401.011(44) for all of
its employees providing services on the project, for the duration of the project;
(b) provide to the Contractor, prior to that person beginning work on the project,
a certificate of coverage showing that coverage is being provided for all
employees of the person providing services on the project, for the duration of
the project;
(c) provide the Contractor, prior to the end of the coverage period, a new
certificate of coverage showing extension of coverage, if the coverage period
shown on the current certificate of coverage ends during the duration of the
project;
(d) obtain from each other person with whom it contracts, and provide to the
Contractor:
(1) a certificate of coverage, prior to the other person beginning work on
the project; and
(2) a new certificate of coverage showing extension of coverage, prior to
the end of the coverage period, if the coverage period shown on the
current certificate of coverage ends during the duration of the project;
(e) retain all required certificates of coverage on file for the duration of the
project and for one year thereafter;
(f) notify the governmental entity in writing by certified mail or personal
delivery, within 10 days after the person knew or should have known, of any
change that materially affects the provision of coverage of any person
providing services on the project; and
(g) contractually require each person with whom it contracts to perform as
required by paragraphs (a) - (g), with the certificates of coverage to be
provided to the person for whom they are providing services.
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. tx.us) to receive information of the legal
requirements for coverage, to verify whether your employer has provided
the required coverage, or to report an employer's failure to provide
coverage; " and
(h) contractually require each person with whom it contracts to provide services
on a project, to:
(i) provide coverage based on proper reporting of classification codes and
payroll amounts and filing of any coverage agreements for all of its
employees providing services on the project, for the duration of the
proj ect;
(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 $25 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
$550 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. OUANTITIES 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 TWO (2) years 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 hereinbbove 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:
https: //ci.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
"General Decision Number: TX20220002 02/25/2022
Superseded General Decision Number: TX20210002
State: Texas
Construction Types: Heavy and Highway
Counties: Armstrong, Carson, Crosby, Ector, Irion, Lubbock,
Midland, Potter, Randall, Taylor and Tom Green Counties in Texas.
HEAVY & HIGHWAY CONSTRUCTION PROJECTS
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).
If the contract is entered into on or after
January 30, 2022, or the contract is renewed or
extended (e.g., an option is exercised) on or
after January 30, 2022:
If the contract was awarded on or between
. 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
January 1, 2015 and January 29, 2022, and the the contract
contract is not renewed or extended on or after . The contractor must pay all covered workers
January 30, 2022: at least $11.25 per hour (or the applicable wage
rate listed on this wage determination, 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/govenun
ent-contracts.
Modification Number Publication Date
0 01/07/2022
1 02/25/2022
* SUTX2011-002 08/02/2011
Rates Fringes
CEMENT MASON/CONCRETE
FINISHER (Paving & Structures) ... $ 13.55
**
ELECTRICIAN ...................... $ 20.96
FORM BUILDER/FORM SETTER
Paving & Curb ...............$ 12.36 **
Structures ..................$ 13.52 **
1 : G
Asphalt Raker ............... $ 12.28
Flagger.....................$ 9.30 **
Laborer, Common .............$ 10.30 **
Laborer, Utility ............ $ 11.80 **
Work Zone Barricade
Servicer....................$ 10.30 **
POWER EQUIPMENT OPERATOR:
Asphalt Distributer ......... $ 14.87 **
Asphalt Paving Machine ...... $ 13.40 **
Broom and Sweeper ........... $ 11.21 **
Crane, Lattice Boom 80
Tons or Less ................$ 16.82
Crawler Tractor Operator .... $ 13.96 **
Excavator, 50,000 lbs or
less ........................$ 13.46 **
Front End Loader Operator,
Over 3 CY................... $ 12.77
Front End Loader, 3CY or
less ........................$ 12.28 **
LoaderBackhoe..............$ 14.18 **
Mechanic ....................$ 20.14
Milling Machine .............$ 15.54
Motor Grader, Rough........ $ 16.15
Motor Grader, Fine .......... $ 17.49
Pavement Marking Machine .... $ 16.42
Reclaimer/Pulverizer........ $ 12.85 **
Roller, Asphalt .............$ 10.95 **
Roller, Other ............... $ 10.36
Scraper .....................$ 10.61 **
Spreader Box ................$ 12.60 **
Servicer .........................$ 13.98 **
Steel Worker (Reinforcing) ....... $ 13.50 **
TRUCK DRIVER
Lowboy -Float ................$ 14.46 **
Single Axle .................$ 12.74 **
Single or Tandem Axle Dump..$ 11.33
**
Tandem Axle Tractor with
Semi ........................$ 12.49 **
WELDERS - Receive rate prescribed for
craft performing
operation to which welding is incidental.
** 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/govemm
ent-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 parry'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"
EXHIBITS B & 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.
Page Intentionally Left Blank
SPECIFICATIONS
Page Intentionally Left Blank
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Area of Approximately 4,650 SY (outlined in red above)
• Mobilization — price includes equipment mobilization, Storm Water Pollution Prevention Plan
Barricades and any incidentals not described in the Contract
• 4,650 SY - Patching with Black Base, 3" depth (milling to a depth of 5", with replacement of 3" Black
Base and 2" Type D or C Hot Mix), including labor, equipment, removal and disposal of asphaltic
surface, caliche base and sub -grade (if soft or unstable) to a depth of 5" and replacing with 3" of Black
Base and 2" Type D Hot Mix.
• 6 Handicap Emblems
• 600 LF Fire Lane Striping
• 60 LF Curb Striping (Top & Side)
• 3,488 LF Layout and Striping for Parking Stalls
• Thoroughly clean lot and haul off excess debris
All Measurements are the responsibility of the winning bidder.
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